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HomeMy WebLinkAboutMullen, Richard III & William ATTO~EY AT ~W 121 Ponquogue Avenue H~pton Bays, Ne~ York 119~6 ATTENTION: Judith Terry, Town Clerk Southold Town Board Southold Town Hall P.O.Box 1179 Southold, New York 11971 November 14th, 1997 Dear Madam Supervisor and Members of the Town Board, Adam Grossman and I represent the Sanford family and numerous residents with regard to the Mullen Motors, Inc. application to change the zoning adjacent to their business from residential and hamlet business to general business. Thank you for the opportunity to address your board in September. If you recall, at that time I had submitted an attorney affirmation which demonstrated that there were a number of "areas of environmental concern" that we believe that the Town Board must "thoroughly analyze" pursuant to the State Environmental Quality Review Act before you make a decision on this project or render a determination of significance. We are currently c~l!ecting data te contribute to the informatJ.~n base necessary for you to make these decisions. We would deeply appreciate an opportunity to make our concerns known to the board and its consultant before you make a 4ecision pursuant to the stare'Environmental Quality Review Act. We understand of course, that it is the applicant's right and it would be in the interest of fair play that it also receive a chance to submit its case on the matter. I understand that ordinarily such information would take place at a public hearing. However, since the determination of significance is a critical matter with serious legal consequences, we believe that it would be beneficial to the board, the applicant, and our clients to be aware of key information now rather than later. We understand of course, that this same material would also have to be submitted at the hearing proper. As your counsel has probably informed you, the threshold for requiring environmental impact statements is quite low. An EIS is required for any action that may have a significant effect on the environment. Thus, where there is doubt about a project's effects, it is usually wise to require such a document. SOUTHOLD TOWN BOARD, SUFFOLK COUNTY, NEW YORK In the Matter of the Application of William Mullen and RICHARD F. MULLEN III RECEIVED SEP 9 1997 Southold Town Clerk for a CHANGE OF ZONE from Residential 40,000 and Hamlet Business to General Business, Tax Map Numbers: 1000-62-03-22.1 and 24.1 ATTORNEY AFFIRMATION IN OPPOSITION TO CHANGE OF ZONE AND/OR IN SUPPORT OF AN ENVIRONMENTAL IM- PACT STATEMENT STATE OF NEW YORK: :SS: COUNTY OF SUFFOLK: CAROLYN A. ZENK, being duly sworn, deposes and says: 1. I am an attorney licensed to practice law in New York. Adam Grossman, Esq. and I represent Melanie Sanford, Julie Sanford, and a number of neighbors living near Mullen Motors, the site of the proposed change of zone. I have earned a certificate in Natural Resources Law from the University of Oregon's School of Law. I have been the General Counsel to the Group for the South Fork, a well respected leading environmental protection organization, located on the South Fork, for eight years, since 1988. I have also worked as an Envirorunental Planner and Analyst for five years prior to that time. 2. For over fifteen years, I have worked in the field of environmental law, land use, and zoning and planning. During that time, I have reviewed hundreds of projects in the Towns of Southampton, East Hampton, and Riverhead, including changes of zone, subdivisions, variance requests, and master plan updates. I have also been involved in more than a dozen Article 78s during that time. Because many of these projects, and much of this litigation, have involved the State Environmental Quality Review Act, I am extremely familiar with that statute, its regulations, and the cases pertaining thereto. 3. I submit this attorney affirmation, which has the same force and effect as an affidavit, duly sworn, and notarized, in opposition to the change of zone request by Richard F. Mullen III and William Mullen for a change of zone. I also submit this affirmation in support of an environmental impact statement and to establish the fact that a "hard look" at the areas of "environmental concern" involved in this application has not been taken to date as required under the State Environmental Quality Review Act. page I) THE ENVIRONMENTAL REVIEW IS INADEQUATE AS A MATTER OF LAW A) THE TOWN BOARD IS CURRENTLY REVIEWING THE WRONG ACTION 4. Counsel respectfully requests that your consultant, Nelson, Pope and Voorhis prepare a supplement to the environmental assessment form. The present EAF is inadequate as a matter of law for three reasons. First, it is fundamentally flawed because it assesses the wrong action. Second, it neglects to analyze the most important area of environmental concern, namely consistency with the Southold Comprehensive Plan. Third, several other key areas of environmental concern have been neglected. The material which follows will elaborate on these points. 5. The parcel at issue ia a 1.25 acre parcel in the hamlet of Southold, located at the southwest corner of NYS Route 25 and Locust Avenue. There are five existing retail structures on the northern HB portion of the site, along the highway, known as "Colonial Corners." The southern R-40 portion of the site is currently vacant The northern portion of the site which fronts on NYS Route 25 is zoned Hamlet Business (HB), and the southern portion of the site is zoned Low Density Residential (R-40). The current application is for a change of zoning designation on these two lots to General Business. 6. Mullen Motors, the project sponsor, operates an existing car dealership on the two parcels to the west of the site. He wishes to expand his commercial operation. He is the contract vendee of both this parcel and the parcel containing "Colonial Corners." The sponsor has represented to officials that the change of zone is desired so that the applicant can expand his commercial business onto the southern residentially zoned property by building a parking lot. Neither the Hamlet Business Zone or the Residential Zone would allow a commercial parking lot related to a car dealership. Thus, it is the applicant's position that a change of zone to General Business, which would allow the construction of this parking lot is needed if he is to expand. 7.The State Environmental Quality Review Act requires that the lead agency, in this case the Southold Town Board, determine whether or not an environmental impact statement is required as a matter of law. To properly make this determination, an environmental assessment form is required which adequately describes the proposed action and its purpose. Actions that require assessment would include both changes of zone and site plans according to the definition of "action" in the law. page 2 8. Specifically, the State Environmental Quality Review Act and regulations require that: Ail agencies (or the applicant as hereinafter provided) shall prepare, or cause to be prepared by contract or otherwise an environmental impact statement on any action they propose or approve which may have a significant effect on the environmental. ECL 8-0109.(Emphasis added) To make the assessment of whether or not an environmental impact statement is legally required, state law requires that an environmental assessment be completed: Environmental assessment form (EAF) means a form used by an agency to assist it in determining the environmental significance or nonsignificance of actions. A properly completed EAF must contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. 6 NYCRR 617.2(m). (Emphasis added). According to the SEQRA regulations: Actions include: (1) projects or physical activities, such as construction or other activities that may affect the environmental by changing the use, appearance or condition of any natural resource or structure, that: ...(iii) require one or more new or modified approvals from an agency or agencies; (2) agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions; (3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment: and (4) any combinations of the above. 6 NYCRR 617,2, (Emphasis added). 9. The fundamental mistake made by the Voorhis report is that it assesses the wrong action. The EAF assumes, without any basis in law, that the proposal before the board is simply for the construction of a parking lot. Indeed, the consultant, specifically requests that "a concept plan be submitted" for same. While the Voorhis report hints at the broader impacts of the action before the Southold Town Board, it fails to analyze them. It deals primarily with the impacts related to page 3 a proposed parking lot. However, the implications of this proposal are far wider. It fails to deal with the wider possible environmental impacts. In essence, the Voorhes report treats the application before the board as one for site plan review, dealing with one specific proposal. However, the application is for a change of zone which would permit numerous, radical, and dramatic changes to Southold as a matter of law and by special exception use. 10. The most glaring contradiction in the record is the fact that, on information and belief, the applicant has represented to the board that he only intends to build a parking lot on the southern, residentially zoned parcel. However, if this was the case, why is a zone change sought for an entirely separate parcel to the north - namely "Colonial Corners?" 11. It bears emphasis that once the zoning is changed on these properties, numerous uses are allowed by right and by special exception which were not allowed before. It also bears emphasis, that unlike a use variance, which is specific to a given use and proposal, a zoning change allows numerous uses and numerous proposals. A zone change also runs with the land, so that should Mr. Mullen sell or grant the property, numerous applicants would have the right to the uses allowed in the new zones. Thus, even assuming arguendo that Mr. Mullen plans to restrict himself to building a parking lot, other applicants would not have to do so. It is from this perspective that the environmental assessment form must be written to be legally adequate. It is shocking that both officials and the Voorhis report have restricted their review to a proposal for a parking lot based upon the oral representations of the applicant. A thorough review of all records before the Town Board, Planning Board, and zoning Board of Appeals reveal that there is no contract binding Mr. Mullen to the construction of a parking lot alone. 12. It also bears emphasis that the change from a Residential Zone, one of the least impactful, and benign zones in the Town of Southold, to General Business Zone, one of the most intensive and impactful in the Town of Southold is sought. The residential zone allows for such uses as one family residences(P), farms(P), horse farms(P), vineyards(P), churches(SE), libraries(SE), art galleries(SE), and museums(SE), and generally prohibits commercial and industrial uses. 13. In sharp contrast, the General Business Zone would allow commercial uses including fast food restaurants like 7-11, Arbys, and McDonalds(SE), warehouses(P), gas stations(SE), car washes(SE), bars(SE), wholesale beverage distributors(P), and industrial uses including light industry (SE), building(P), electrical(P), and plumbing (P)contractors, and food processing(P) and food packaging plants(P). page 4 14. A review of the Southold Zoning Map reveals that the zoning in the neighborhood proposed for the zone change includes a lot of residential zoning including R-40 and R-80 to both the north and south of Route 25. The southern lot proposed for the zone change immediately borders a residential neighborhood. Indeed, the property proposed for rezoning is located in an area of Southold which contains some of the highest concentration of residential properties. 15. Since a change of zone allows numerous uses as of right and other uses by special exception once specified conditions are met, despite the fact that only a parking lot is proposed now, the other uses which are both legal and possible must be examined and their environmental impact. Since the items listed in paragraph 13 are some of the uses that would be most intrusive to this neighborhood, they should be examined in detail. 16. Likewise, although the developer may not have immediate plans to develop or level "Colonial Corners," since a change of zone allows certain uses as of right and others by special exception, this possibility must be considered in an environmental review. There is no legal guarantee that this developer will keep the property or stick to casual verbal agreements. The Hamlet Business Zone is much less intense than the General Business Zone. The uses listed in paragraph 13 are not allowed in Hamlet Business, but they are allowed in General Business. Thus, a thorough review must consider the possibility that "Colonial Corners" could be completely leveled and used in numerous ways. For example, if the zone is changed, the center could be torn down, and a strip of fast food joints, commercial parking lots, gas stations, car washes, and contractor yards strewn with plumbing, electrical, or building supplies could replace the existing structures. 17. In sum, the Town Board must consider the correct action and the issues raised herein, within its environmental review before making its determination of significance. At a minimum, your consultant should revise his environmental assessment. As a matter of law, an environmental impact statement may be required. B) THE ENVIRONMENTAL REVIEW FAILS TO PERFORM A THOROUGH ANALYSIS OF A NUMBER OF AREAS OF ENVIRONMENTAL CONCERN, INCLUDING IN PARTICULAR, CONSISTENCY WITH SOUTHOLD'S COMPREHENSIVE PLAN, THE FULL IMPACT ON NEIGHBORHOOD CHARACTER, SUBURBAN SPRAWL, AND TRAFFIC. 18. The State Environmental Quality Review Act requires that before a lead agency renders a determination of significance, it must "thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse page 5 impact on the environment." The environmental review to date fails to meet this legal test in that it has completely neglected a review of the Town's Comprehensive Plan. Before you render your determination you must prove that you have reviewed that plan. Yet, there is no evidence in the record, or the Voorhis Report that that plan has even been consulted. 19. SEQRA provides: For all Type I and Unlisted actions the lead agency making a determination of significance must: (1) consider the action as defined in sections 617.2(b) and 617.3(g) of this Part; (2) review the EAF, the criteria contained in subdivision (c) of this section and any other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and (4) set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. 6 NYCRR 617.7(b). (Emphasis added). 20. SEQRA requires that the board thoroughly analyze the following relevant criteria for determining significance, before making its determination: To determine whether a proposed Type I or unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environmental: (i) a substantial adverse change in existing ...traffic or noise levels;... (iv) the creation of a material conflict with a community's current plans or goals as officially approved or adopted; (v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; page 6 (x) the creation of a material demand for other actions that would result in one of the above consequences; (6 NYCRR 617.7(c)(1). (Emphasis added). 21. Based upon these legal criteria, it is clear that the board's legal obligations have not been met. With regard to criteria (i), no traffic analysis has been prepared based upon the potential conversion of a major thoroughfare into higher intensity business use. It is well-recognized that County Route 25 poses serious traffic and safety hazards especially during the summer months. Analysis is required. 22. The record to date has absolutely failed to consider whether the zoning change is consistent with Southold's Comprehensive Plan. As your counsel will inform you, it is illegal for you to "spot zone" or grant zoning requests based upon favoritism. In addition, the Town Law requires that "zoning shall be consistent with the comprehensive plan." It is fundamental to a zoning decision to analyze what your comprehensive plan says. Yet, nowhere in the record does this analysis exist. As counsel will also inform you, a comprehensive plan consists of the Town's zoning map, zoning code, master planning documents, and various plans. This proposal is at odds with the zoning map and zoning code. These documents were based upon the best judgements of Town Boards in the past. They cannot simply be ignored without good reason or as a favor to an individual applicant. 23. The following components of your Comprehensive Plan have been brought to my attention: Master Plan Update Summary, Town of Southold, Suffolk County, New York, Raymond, Parish, Pine, and Weiner, Inc. Planning Consultants, 1985, Master Plan Update Background Studies, Town of Southold, New York, Raymond, Parish, Pie, and Weiner, Inc. Planning Consultants. March 1984, Final Report and Recommendations, Southold Town Stewardship Task Force, Southold, New York June 1994. Additional portions of your comprehensive plan may also merit analysis. 24. Criteria (iv) also merits further analysis. The changes to the community character must be explored considering the full implications of the zone change rather than limiting the analysis to the question of whether or not permission should be granted to build a parking lot. What will it mean to the community if "Colonial Corners" is lost and converted to tacky fast food restaurants and warehouses? What impact would a bar or car wash imposed upon the residential community have? 25. A full analysis of criteria (x) is also lacking. Your environmental assessment should consider the domino effect that commercial sprawl often has upon a hamlet. Where commercial uses are especially intense, as in the case of a car dealership with its lights, traffic, visual blight, and lack of charm, residents often page 7 relocate to other neighborhoods. The general business zone allows particularly tacky, uses that often lower property values, and the desirability of neighborhoods. III) AN ENVIRONMENTAL IMPACT STATEMENT IS PROBABLY REQUIRED UNDER THE LAW. 26. Obviously, until the Town Board meets its legal requirement to take a hard look at the areas of environmental concern, it cannot make a determination of significance. However, the board should recognize that by law the project presently carries with it a presumption of significance. The action is presently classified as TYPE I. According to the State Environmental Quality Review Act: However, the fact that an action or project has been listed as a type I action carries with it the presumption that it is likely to have a significant adverse impact on the environment and may require an environmental impact statement." 6 NYCRR 617.4. Black's Law Dictionary defines a presumption as, "a rule of law which requires the assumption of a fact from another fact or set of facts. The term "presumption" indicates that certain weight is accorded by law to a given evidentiary fact, which weight is heavy enough to require the production of further evidence to overcome the assumption thereby established." A commonly understood presumption is that a person is held innocent until proven guilty. 27. Thus, it is presumed that an environmental impact statement should be prepared, if the board goes forward with this action, especially in light of the considerable public opposition to the project. This should weigh heavily in the board's deliberations. IV) THE ZONE CHANGE SHOULD BE DENIED ON THE BASKS OF SOLID PI2%NNING PRINCIPALS. 28. The Town Board has no legal obligation to grant the change of zone before it. Once its SEQRA obligations are complied with, it can simply deny the request for a zone change. It is interesting to note that the applicant is not even the owner of the property. Certainly, there are many persons in town who would like to enhance the value of property they plan to purchase. However, nothing in the record indicates that a zoning change is warranted in this case. Absent, some compelling reason to rezone the property, besides the desire to grant the applicant a favor, rezoning the property would simply be spot zoning of the worst kind. Spot zoning is illegal. page 8 29. As I emphasized to the board at the beginning of this affirmation, I have been involved in planning issues for over ten years on the East End. I have reviewed the comprehensive plans of Southampton Town, East Hampton Town, Southampton Village, and East Hampton Village. All of the professional planners have reached a similar conclusion: that it is imperative to maintain the charm of the downtown hamlet areas on the East End. There is a consensus that commercial development in the hamlets should be concentrated, pedestrian-oriented, modestly scaled, and historic in its architectural design. Commercial sprawl is unanimously rejected as bad for property values, community character, and business. 30. It is ironic that some have argued that weakening the zoning in this downtown business area would be good for business. Nothing could be further from the truth. Superstores abound in this country, often gobbling up former quaint neighborhoods. National chains are replacing Mom and Pop family-owned businesses. These huge conglomerates are contributing to suburban sprawl of the worst kind. One town bleeds into the next, and the traveler is greeted by an endless commercial desert of asphalt, glass, and parking lots. 31. The quaint villages and hamlets of the East End will never be able to match the low prices offered by superstores given their corporate character and the economies of scale available to them. Our business strategy must be different. Our hamlets need to exude charm and small- town character to attract shoppers. We must offer a small town shopping experience. 32. We are already seeing the effects of oversized enterprises on small East End businesses locally. In Riverhead, the downtown business people have organized to fight further expansion of the Tanger Mall. Many feel it is negatively affecting their business. 33. In Southampton, at least one long-standing outdoor mens clothing store has been driven out of business by Bridgehampton Commons, a large shopping center. 34. In East Hampton, the Town Board voted to oppose a superstore outside the hamlet center in part because they believed it would hurt down-town businesses. Several hundred persons spoke in favor of a "Superstore law" that would prohibit unduly large businesses in the hamlet centers. 35. Expansion of a car dealership in the heart of a hamlet on the East End is the epitome of bad planning. One cannot imagine a use that is more car-intensive, or symbolic of modern commercial sprawl, with its glaring lights, chain-link fences, extensive parking areas, rotating page 9 displays, and pennants. Such businesses contribute nothing to downtown charm. Indeed, they destroy it. A trip along the congested Sunrise Highway to the west reveals that shopping malls and car dealerships are two heavy contributors to the ugly neighborhoods characteristic there. 36. The applicant already appears to be the beneficiary of numerous exceptions to your zoning code. He has already obtained permission from the Zoning Board of Appeals in 1987 to use a parking lot for commercial uses in a residential neighborhood. He received special permission to erect an ugly, suburban, six foot chain-linked fence, when the zoning code required four feet. He received permission to encroach upon the usual 35 foot setback from the road, adding a sense of crowding to the road. According to Planning Board records, this business paved over the front of the building illegally at one time, and also built ugly display pads. Now the applicant requests a complete change of zone, and special permission to build a parking lot within that zone for parcels of land he doesn't even own. When does it all stop? Either the zoning code you enacted makes sense or it does not. Exception to exception renders your code meaningless. 37. In summary, a more thorough analysis of this project is warranted before a determination of significance can be made, an environmental impact statement is probably required, and it is clear that a change of zone in this location will negatively impact the community without cause, and should be denied. 38. Counsel respectfully suggests that if parking is the applicant's problem, that a special study be commissioned to help solve that difficulty, rather than down-grading the entire neighborhood. The present approach seems akin to trying to kill a mouse with an atom bomb rather than a mouse trap. Respectfully Submitted, This 29th day of September 1997, Attorney at Law 121 Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 cc: Planning Board Southold Town Attorney Nelson, Pope and Voorhis RECEIVED SEP 2 9 1997 ~autbo~d Tc~,n McCarthy Management, Inc_ Thomas J_ McCarthy, Supervisor 46520 Route 48, Southold NY 11971 Helen W. Prince 1165 Founders Path Southold, NY 11971 September 22, 1997 Dear Mr. McCarthy,' I wish to reply to the letter you sent to Supervisor Jean Cochran dated August 1, 1997. In it you state that you hope the board will deal with Mullen's apphcation" as consistant, honest and fair as the Mullen's themselves. ". Do you really? There is no question but they are consistant. But as to honest and fair, please read the enclosed site violations committed by them each time they were granted a variance. Please think about your remark "I feel that mitigate'on measurements can be inst~'tuted to assure the privacy of those that surround this site." Put yourself next to that site. What possible measures could be taken to protect you? There are NONE and in light of his site violation record, you wouldn't stand a chance did he promise the Great Wall of China. And: "It is indeed a sad day for the Town of Southold if we can not bend within our means" The Town bent plenty. It approved his bus~ness as pre- existing where the Town Code does not allow car dealerships in the hamlet. It bent again when it approved at least three later variances. It bent again ~vhen it forgave him for some of the site violations, and will soon be asked to forgive some more violations he does not wish to address. And "to accomodate an employer of our neighbors --- the type of people that make up the backbone of our Town." The Town should accomodate the neighbors of Mullen Motors this time, not continue to accomodate a creeping cancer of our community. Just look at that place in what should be an appealing hamlet! And aren't the residents of Founders Estates the backbone of the Town? You would have us be the short side of a wishbone. Sincerely, Helen W. Prince ' c.c. Southold Town Board STOP-Watch Member SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over 35 ears stored there overnight. (1 violation)_ 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the car dealership. Fact. No 165 ft. long grassy buffer I0 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations}. 3. A 60 ft_ long chain link fence along with 60 ft. of low growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple car access. (! violation). 5. "Employee Parking Only "signs were supposed to be installed in Employee Parking Lot. Fact. They have never been installed. (1 violation}. 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership ears parked on it. (1 violation)_ 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixttires shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9_ Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date, neither violation has been addressed_ (2 violations). 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (1 violation). Total Number of Violations=14 S.T_O.P. -Watch Southold Town Organization for Preservalion--Watch P.O. Box 1-145. Soulhold, N,Y, 11971 Information PUBLIC DOMAIN gathered from Sou/hold Town Planning Board and ZBA files. RECEIVED SEP 2 9 ]997 Sout~old Town Clert' Helen W. Prince 1165 Foundels Path Southold, NY 11971 Mn'. & Mrs. Thomas Sledjeski 1170 Highland Road Cutchogue, NY 11935 Dear Mn'. & 1Vh's. Sledjeski, September 25, 1997 I have read your long and very overwrought letter to Supervisor Jean Cochran and urge you to listen to the viewpoint of those who will reap the result of any expansion of Mullen Motors' car dealership. I really don't believe you have personally heard any mud-slinging; you have heard that people are upset and that they are mounting an organized effort to stop the further granting of any variances to the Mullens' business. Please hear our side_ First let us examine the hi. ow of MuUen Motors. ,They marted out as a gas station 70 years ago Our population was small_ It was a welcomed business. There were many small cottages around it. It did not generate much traffic and was a fi-iendly place in a friendly community. The business flourished as did the Town with its growing population. Hummer and I moved to Founders Estates right after World War II during the Baby Boom He hated to see what was happening to Southold. It wasn't the quiet hamlet where he was born in 1908 and where he played out in the street as a child. A_tier dinner in the evening he always went upstreet to Averette's gas station, then when Averette moved, to the Fire House. He would come home nights,, shake his head and say, "I only saw one or nvo people that I knew." We were having a population explosion. That population explosion brought great changes to Southold. Hundreds and hundreds of homes were built and every home had at least one car. Mullen was in the right place at the right time to benefit ~om this new economy. He grew and prospered. We bought all but one of our cars f~om him, starting with second hand ones. So did about everyone else, and with his new affluence, Mullen gave some of his prosperity back to the community. But as a child outgrows his clothes, Mullen outgrew his small piece of Southold_ His business grew so that the houses around him were not desirable places to live. But MuHen bought them, for they were worth a great .deal to him as parking lots. Those sales put the next neighbors in jeopardy and like dominoes, they fell and were covered with macadam, making two large parking lots that control and dominate Cottage Place. And that is where the rub, or fiiction, comes in. The Town adopted Zoning and set up a Code. This Code prohibits any car dealerships within the hamlet, the hamlet bounds extending east to about Biexedon. It doesn't even allow car dealerships on the North Road without making a special exception. But as Mullen's was a pre-existing business, he was granted a variance to remain_ And with each newly aquired property, the Town has granted Mullen variance atter variance_ Violation of these variances is illegal. It goes against the Town's own LAW and against a neighborhood the Codes were designed to protect. Please see enclosed violation sheet. Now, I don't know whether you will call this mud-slinging, but I will give you some of the down-side of Mullen's growth_ Since the 1960's his business has created a traffic hazzard on Cottage place. Cars parked at 90 degrees to the building, then more cars parked each side parallel with the road, making it necessapy for two-way traffic to take tums passing, and no place at all for pedestrians, or one handicapped person's motorized wheelchair to get her to work. Hummer never drove out to the Main Road past Mullen's. He always went east to Town Harbor Lane, then west to get to the village. Many others do the same. It has been a daily inconvenience for decades. Since this congestion was complained of in the newspaper, Mullen has now corrected much of it. Why? Because he is asking tbr the rezoning of two properties. Rezoning that will forever change the fabric of our hamlet: the tearing down of nine businesses in Colonial Comers and replacing those nine with one large flashy car salesroom! If we include the Main Road parking lot, Mullen's will be a two-block-long up-front affrontery to everyone. His growth came into our lives gradually and we accepted it and lived with its inconveniences over the years, for we all like Mullen - and he likes us. When Mullen's immediate neighbors and the residents of Founders Estates learned of his proposed expansion, some of those most concerned and worded did some research at Town Hall. They found shocking evidence that Muilen has been transgressing against us for years and years. I'm sure it never dawned on him that it was really against his neighbors. He did it thinking it was good business practice. But when you have read the enclosed list of site violations taken from Town Hall records you will understand some of the reasons why we are upset_ At least I think you will. There are things that bother me tremendously. The complete lack of visual appeal. The place is wall-to-wall macadam All the property around the salesroom on both streets is one big car ramp. The big businesses along Route 58 in Riverhead have landscaping. The appearance of Mullen's place belongs in an industrial zone, not a hamlet. It also bothers me that there is absolutely no consideration for pedestrians. Other things too. Now back to history_ Southold was founded in 1640, the first English settlement in New York State. The ancestors of many thousands of people in the country_ came ~om here. They come back in droves to trace their roots at our Historical Societies. We love The Peconic Bay Shopper for its teachings of Southold life. Visitors love this place and are lured to return and settle. A terrible wall of growth is coming our way. It has reached Wading River and is picking up speed. We should be scared as though it were a time bomb, for it is. Can't the citizenry see the handwriting on the wall and work together with dedication, even sacrifice, to insure our proper growth, - without favoritism? We have a Zoning Code. There should be no exceptions, - as Mother always said_ Most sincerely, /~ - A Helen W. Prince /Y~. ~;',~2 ) .//I . I-'/t ~,~'} ~ ~..,l~lember" " of S.T.O.P_-Watch c.c. Southold Town Board SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over 35 cars stored there overnight. (1 violation)- 2. A 165 ft. long grass buffer. 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the car dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of Iow growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact_ The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple car access. (1 violation). 5. "Employee Parking Only" signs were supposed to be installed in Employee Parking Lot. Fact. They have never been installed. (1 violation). 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership cars parked on it. (1 violation). 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA ,,vith a 1994 Area Variance, the entire front landscaped area was maeadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date, neither violation has been addressed. (2 violations). 10. Sufficient visibility should not be adversely affected_ Fact_ String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (1 violation). Total Number of Violations=14 S.T O.P.--Watch $outhold Town Organization for Preservation-- Watch P.O. Box 1445, Southold, N.Y. 11971 Information PUBLIC DOMAIN gathered from Southoid Town Planning Board arid ZBA files RECEIVED SEP 2 6 1997 Dear editor: Mr. John Costello (July 31 letter Suffolk Times) would have you believe that the 100- year-old trees adjacent to Mullen Motors were knocked down because they were diseased. So, he asks, "Why all the fuss?" The fuss is that these 100-year-old trees had to be knocked down before Mullen Motors had title to the land. This makes it easier to request the necessary changes in zoning to make a parking lot. Understandably, Mr. Mullen wants to do what's best for his business. But the issue must always be -- how can the people of Southold balance the interests of one business against what is best for all of the people. This letter is to inform Southold residents why they should have the Planning Board oppose extending the Mullen parking lot from Southold Video to 7 Eleven. 1. To achieve his aim Mr. Mullen would be forcing 9 Colonial Corners' businesses to close. They employ approximately 20 people . Some of these businesses offer services that Southold residents use daily. These businesses will either relocate -- some to other villages -- or will close forever. 2. In 1989 Mullen Motors was granted a similar change of zoning for customer parking in the area adjacent to Southold Video. The Planning Board granted this request with the conditions that the site plan have, among other things a) a four foot fence, b) landscaping, c) no lights. What Southold got was a car lot with high steel fencing, no plantings, and glaring night lights. What can Southold residents expect when they get another monstrous parking lot -- will it begin to look like Route 58 in Riverhead? 3. In 1989 over 600 Southold residents attended a meeting at the Southold High School and overwhelmingly approved the Task Force's master plan for its future. This did not envision destroying a vigorous part of Southold, Colonial Corners, removing 100- year-old'trees, rezoning Hamlet to Commercial and Residential to Business just to have more parking for cars, vans, and pickups. Tourists don't come to Southold to see asphalt. If you agree that it is in Southold's best interest not to have this expanded parking lot we urge you to make your voice heard. A1 Cohen I. Hurter Mrs Jean Cochran Towm Supervisor POB 1179 Sou[hold N~ 1197[ J~2~ 1997 RE. Counter Zone Variance Richard F Mulken III and William Mullen Zone change applica[ion Dear Mrs Cochrsn; This is a request to review the application filed June 4 1997 by Mullen Motors on a change of zone from a residential to a commercial on Locust Lane and Main Road. I purchased my home in 1990 because it offered a promise of country living in a semi-rura~ setting. The draw backs of living next to Muiien Motors became apparent almost immediatelly. My driveway was partially blocked by shipment trucks which take quite a while to unload. Daily, Cottage Place has bmen congested with parked cars doing buisness at Mullen Motors causing extremely hazardous driving conditions , not only to myself but for ail thru-traffic. The noise alone can be quite unsetteling while attempting to eat a daily meal. As you know, the lot on Locust Laane, directly behind my home, has recently been destroyed from tree cutting. How disgraceful to have allowed such an action to take place in such a lovely country town. if this zoning change takes effect, my property on 315 Cottage Place would be sorrounded on TWOFULL SIDES by new parking facilities. The noise, traffic and congestion would significantly cause p~operLy values to depreciate. Sincerely, Barbara S. Adams cc: Hon. Jean Cochran, Supervisor  P O. Box 105'4 elhelter [s. P.O. Box 368 ~Mattituck, NY 11952 September 18, 1997 ~Mrs, Jean Cochran, Supervisor Southold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Supervisor Cochran: The issue of the proposed zoning change for the Colonial Corners property and the residential lot to the rear of it has been one of hot debate in recent weeks. As we all know, the problem boils down to a planlling issue that should be decided in the best interest of Southold Town. It is also an issue of cor~on sense. The village of Southold has an existing business district that Mullen Mo5ors has operated in for the past seventy years. The ~.V~llens have proposed to create a parking lot on the parcel behind Colonial Corners in order to resolve ~heir need for more space as their business grows. The possible impact of one small parking lot on $outhold Town would be far less t,han any other option the Mullens could choose. A small grcup of neighbors who live on Locust Avenue, near the Colonial Corners property, does not agree with this and have stated that Mullen Motors is ruining $ou~kold Town. They have even gone so far as to suggest that the Mullens move up to the North Road, away from the site that they have cccupied for generations. Mmving to the North Road could only mean building on open farm fields. Now let's talk about ruining Southold Town! Unnecessal-_; development on fields in a town that spends millions of tax dollars on open- space preservation? I think not. It seems that the Locusu Avenue group prefers the development of our farmlands and the possibility of large, empty buildings and an even larger empty perking lot in the middle of a beautiful village, is tln_ts what is best for Southold Town? I think not. Con, non sense would deem that the loss of one undesirable residential lot bordering on the business district would be a far better option than the loss of our evermore valuable open spaces. Southold has an existing business distric*~, one that '~s in place when all of the Locust Avenue residenus freely chose to ourchase homes so near to it. It is my bode that =-mart plar, ning by our town officials will accomodate the needs of our local businesses within this zone while still maintaining the beauty and the interiority of the whole of Southold To%~. Thank you for your consideration. cc: M~. Richard Mullen, Jr. Sincerely yours, .- : - .. -:. ~.: ,~ame · .~- _~hy ..... iris. Judith Terry Town Clerk Southold Town H,ql Fax: 765-1823 Deer M~_ Terry. 18, 1907 Enclosed. please find pictures of the southeast corner of my property and the damage resulting from Mullah Motor Car Carriers and other commercial traffle. The Trnetot Trailer Trucks eomin~ from Cottage Plaoe, use the ,d~ of my front lawn to negotiate th, turn from Kern Road onto Locust Lane. The los~ of my property h,~ b~n devastating. The oommereial traffic on our residential streets has ~otten ,o bad these p~s~ few yenr~: It has erroded th~ edge of my fron~ lawn and I tent someday ve~icles will even h~t my hemal For this very reason. I secured a surveyor and sent the following letter, dated August 10, to $outhold Town $outhold Town Board Southold Town Hell Main Road Southold, NY 11071 Honor. Je~n euchres. Supervisor Ray Jesuits, Highway DeDartment Supervisor JuOith Terry, Town Clerk August 10, 1097 I have secured an indeDendenl surveyor to evaluate my property on the corner el Kern Road end Locust Lane. Regardless ol the Southold Town oontracte~! surveyor Jamie Richter, {scheduled for Aug, 11) NO ROAD WORK is to be done until tl~e reoults of my independent contraolor's findings are 8uDm/lleO,, Janloa J. Szczasny~ David R. Szczesny .~ -% At this time. please distribute co $outhold Town Board. as well ss to the Mullen Motor fha in the ZBA Dept. (attention Gerard Ooehrlnger), 13eliding Dept. (attention ~d Forte~ter).the Eig~way Dept. {atte~tien Ray $aeobs) and lastly ~our own Mulle~ Moto~ file in the Town Clerks office. Your immediate attention to this matte~ is greatly appreclsted. Very truly yours. David R. Szeteany PS: Also. fl,d enoloned. Initial letter in Original form so Mullah Motor file reflects accurate record of correspondenoe. SQqd S£3NIS~3 ZE:$O 6I dss 9ZOS-ZgZ-9IS : Photo I Worn away S.£. corner of my property from car carrlerx & ¢:ommere;a[ traffic. Z£:80 6I das Photo 2 Mullen Motors ear carrier on Korn of Koen Rd & Locust Lane. Photo .~ o~to my frnnt l~wn. Notice SnTd SIBNIEUD Seut~el~.Tew~ ~ear~ Se~eld ~ew~ Hall 53095 Main Road S~t~el~ NY 1~971 Raymeni Jacebs, HI~.~aV Depaz'tne¥:+. g~d:t~ ~erry~ 2~wa O~.erl~ Regardless ~f t~ Seut~el~ Tow~ J,~ule Rio~te~, (sc~o~ule~ ~or Mouday i~ to be ~ene until t~e results ce~tractsr~s !in~tngs ~¢, eubuitte~o Sincerely, Janloe J. Szcz~s~y Davi~ Ro Szc~eszy l£:80 6I d@s 9ZO$-l~z-gIq : xej SN'ld SI~NIBU3 A Brief Code History Mullen Motors was admitted into the Hamlet business zone in 1989 as a pre-existing, non-conforming commercial business. It is a glaring disparity in our Historic Hamlet allowed to expand in the past only under special exception and use and area variances. On the south, south-west and south-east, Mullen Motors is bordered by Residential property. To the east and west there are lovely old homes zoned for Hamlet Business. There is a commercial zone across the street. HOWEVER, the shops and businesses are in keeping with the town. The Realtor has preserved the brown cedar shingled house and the Boat Storage Business has a white-washed Federalist facade. All of these properties add up to a harmonious whole-- Yet embedded in the middle, is a noisy, unattractive, commercial car dealership. The "favors" extended to Mullen Motors in the past can not be repeated. Not only because he has violated the conditions of his Variances, Special Exceptions and Site Plans, but because our Town Codes do not permit and have never permitted car dealerships to exist in Residential zones or Hamlet Business zones--the 2 zones Mr. Mullen wants to degrade for his expansion. If any expansion is to take place, let it be conducted in the appropriate zone. General Business zones still allow tor car dealerships under special exception. It is only through the generousity of past Boards that the Mullen Motors Dealership has been able to secure the property it currently owns. Mr. Mullen should feel fortunate that the Town has granted him as much visibility as he has. Many businesses would like to expand, but when the zone is inappropriate, they have sought out other options. If the Town said yes everytime an application was submitted, what would our Historic 1640 Village begin to look like? Mr. Mullen has applied no less than 3 times since 198.3. Everytime the Board has said, Yes. Now it is time to ask that the expansion take place in the ~ zone--Not in Residential, Not in Hamlet, but in the General Business zone (B-l). Mullen Motors is a noisy, unattractive, totally unbufferable operation. Out of Keeping with our Historic Hamlet. Degrades and Devalues Residential and Hamlet Business zoned Properties. A Threat to our Quality of Life. terminology special exception--The authorization by the zoning board of appeals for the use of land in a manner which is allowed if certain code conditions are met by the applicable zoning regulations. area variance--The authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. use variance--The authorization by the zoning board of appeals for the use o[ land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. S.T.O.P.-~Watch Southold Town Organization for Preservation--Watch P.O. Box 1445, Soulhold, N.Y. 11971 Information Publio Domain gathered from Southold Town Planning Board & ZBA files. Helen W. Prince 1165 Founders Path Southold, NY, 11971 September 7, 1997 George H. Rowsom S.T. Preston & Son, Inc. Main Street Wharf Greenport NY, 11944 Dear Mr. Rowsom, I have read your letter to Supervisor Cochran stating that "allowing Mullen Motors to extend their south parking lot to the rear" would be "without any adverse affects to the surrounding property owners." But it would be and always has been. Each time he added more parkling lot area, it was because no one would live next to a car dealership. It has a domino affect. After he replaces a home with macadam, the next house is unsaleable as a home. If he isn't stopped now, he will reach Kom Road in a veD' few years. The Master Zoning Plan allows no car dealerships in the hamlet, but as Mullen Motors was pre-existing, he was given a variance to remain. Each time he acquires more land through the de-valuation of homes, the Town bestows on him yet another variance. Each variance has a site plan for Mullen to comply with but he has never yet complied with these site plans. Please read the attached Site Plan Violations. No one is against the Mullen family nor against car dealerships. We just don't want hamlet zoning to be over-turned any more. And really, the site plans should be implemented. If Mullen gets the downgrading, he also gets Colonial Comers, and after ten or so years, expects to level that and build a new salesroom. Southold needs to retain those charming converted homes along Main Street. c.c.: Somhold Town Board Sincerely, Itelen W. Prince Stop-\Valc!~ Member SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over 35 cars stored there overnight. (1 violation). 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the car dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of Iow growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars. (2 violations)_ 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of ears. Fact. The gates have been removed, replaced by multiple car access. (l violation). 5. "Employee Parking Only" signs were supposed to be installed in Employee Parking Lot. Fact. They have never been installed. (1 violation). 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership cars parked on it. (1 violation). 7. No vehicles are allowed between the addition and forward to the north front property line_ Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date. neither violation has been addressed. (2 violations). 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen_ (l violation). Total Number of Violations=14 S.T_O.P_--Watch Southo[d Town Organization for Preservation Watch P.O. Box 1445. Southold, N.Y. 11971 Information PUBLIC DOMAIN gathered from Southold Town Planning Board and ZBA files. Helen W. Prince 1165 Founders Path Southold, NY 11971 September 9, 1997 Century 21, Albertson Realty 56215 Main Road, Box 598 Southold, NY 11971 Dear Mr. Scalia, In reply to your letter to Supervisor Cochran. We do not oppose the sale of Colonial Comers to anyone. We oppose the plan to replace it in ten years or so with a salesroom. Mullen wants to have Colonial Comers and the residential lot behind it down-graded. As to that "weed choked, overgrown eyesore that has existed on the location in question." It was not an eyesore, but a natural wooded buffer and said by the Nelson, Pope & Voorhis survey to contain species such as sugar maple, mulberry, chokeberry, box elder, honeysuckle and wild rose. It should be sold to a homeowner, and zoning not changed for profit. Money isn't everything, and shouldn't rate ahead of the community The Town's master plan does not allow car dealerships in the hamlet, but as Mullen's was a pre-existing business, he was granted a variance. Gradually his business has de-valued and gobbled up neighboring homes, and been granted more variances. Like d6minoes, the next neighbor suffers de-valuation and goes. Our timely efforts to put a stop to this creeping cancer has generated "the turmoil -- in the local newspapers, ---" you refer to. "Dick Mullen and his family have been good neighbors to us and to the $outhold community." With each variance and expansion, Mullen had a site plan which he was supposed to follow. Please see the enclosed site Plan violations. This unneighborly arrogance is done against the whole Southold community. And you would not see "a well designed improved lot, done by a professional" You would see another wall-to-wall macadam-covered parking lot. He does not have any grass anywhere. His insurance company has told him grass would be a liability! "There is never a local charity, event or request for assistance to which the Mullen's say no." Aside fi.om the fact that his customers supplied that charity, it makes a nice char/table tax-fi'ee deduction. "They ---provide emplayment for more than 40 local citizens, pay their taxes and maintain their property. " That is very commendable, and also commendable that tie is doing it on his existing property. As you say, we do want businesses in the Toxvn, but hamlet businesses in conformity with the zone plan_. Mullen's further expansion would clog the outlets from Founders Estates. cheapen nearby properties, impoverish the owners,, etc, etc, ad i~nimm. Helen W. lh'ince / (d' .' ~' /- '/ (' ('/ c.c.: Southold Town Board Memberof S.].OIL-Watch SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over 35 cars stored there overnight. (1 violation). 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the car dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of low growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple car access_ (1 violation). 5. "Employee Parking Only "signs were supposed to be installed in Employee Parking Lot. Fact_ They have never been installed. (1 violation). 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership cars parked on it. (1 violation). 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan_ After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date, neither violation has been addressed. (2 violations). 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen_ (1 violation). Total Number of Violations=14 S.T.O.P. Watch Southold Town Organization for Preservatiof~ ~,Vatch P.O. Box 1445, Southold, N.Y_ 11971 Information PUBLIC DOMAIN gathered from Southold Town Planning Board and ZBA files. Prince & Sanford 1165 Founders Path Southold, NY 11971 September 8, 1997 First Towne Realty Lewis L. Edson Main Road, Box 1526 Southold, NY 11971 Dear Mr. Edson, Having read your August 12th letter to Town Hall, we feel we must point out to you what has been going on over the years at Mullen Motors Any expansion of Sheir property will no~t be for the better, although as you say, the Planning Board will require landscaping of the perimeter area as it has in the past. If you will please ride by their property, look for even a blade of grass. We are enclosing a list of the site violations perpetrated by Mullen each time he asked to expand his business. By carefully reading them, it will open your eyes as to his lack of integrity and neighborly intentions. As to the property Mullen wishes to acquire, it is residentially zoned to have a home built on it and should be offered for sale for that purpose. Commercial business interests should not be placed ahead of those of the townspeople and small hamlet businessmen. No one knows better than you, that people are moving into Southold because of the way it IS NOW. The charming converted homes of Colonial Comers will be demolished if the downgrade goes through and Mullen will have nearly two blocks along Main Street devoted to a car dealership. So please, when you speak of"the political beat of the moment" don't call downgrading "what is right and correct for the Town." Most sincerely, Jean Sanford Helen W. Prince c.c. Southold Town Board Members ofS.T.O P.-\Vatch SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over 35 cars stored there overnight. {1 violation). 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the ear dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of low growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out, replaced by macadam and parked ears. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple car access. (1 violation). 5. "Employee Parking Only "signs were supposed to be installed in Employee Parking Lot. Fa0t. They have never been installed. (1 violation). 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership cars .parked on it. (1 violation). 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date, neither violation has been addressed. {2 violations). 10. Sufficient visibility should not be adversely affected. Facl. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (1 violation). Total Number of Violations=14 S.T.O.P. Watch Southold Town Organization for Preservation--Watch P.O Box 1445, Southold. N.Y_ 11971 Information PUBLIC DOMAIN gathered from Southold Town Planning Board and ZBA files. Prince & Sanford 1165 Founders Path Southold, NY 11971 September 8, 1997 Richard A. Winters Mortgage Finance Consultants and Brokers P.O. Box 333, First Towne Building, 2nd Floor Main Road, Southold, NY 11971 Dear Mr. Winters, Having read your August 13th letter to the Town Supervisor at Town Hall, we feel we must point out to you why you should not be in "general support" of Richard Mullen's request, but totally against it, Yes, it would be nice if residential property and commercial property were separated, andsmall businessmen in town have been making a wonderful compromise. They have converted old b.ui!dings and residences into hamet. businesses all along Main Street: Wayside Market, Professional Building, North Fork Parish Outreach (same architecture plan as the tom down Hartranfi House on Silversmith Comer), Dr. Walter Sherry office, North Fork Real Estate Agency, Renny Terry's law office, and two early homes in Colonial Comers.(which Mullen would demolish in ten years or so.) Each of these converted homes and buildings is of historical importance, most having been built well over 100 years ago. You state that "with no access onto Locust Lane and proper landscaping" you see Mu. llenhaving "minimal impact on the adjoining residential area." (1) Mullen keeps acquiring property because no one wants to dive next to a car dealership, and ever more houses.are negatively imPacted. (2) Mullen will.have large truck access.to the little 20- foot-wide Locust Lane, and plans to demolish the converted historic homes in Colonial Comers, replacing them with a large car dealership salesroom. All that business fxontage will impact negatively on Southold hamlet's Main Street. (3) The site plans for each of Mullen's expansions have required landscaping but there is not a Single blade of grass anywhere. See enclosed documented violations, and, with an open mind, you will know the residential property Mullen wishes to downgrade should be denied. People love Southold for the way it IS NOW. They move to Southold for the way it IS NOW. It is NOT progress if we stop looking like a hamlet. You sa}. already zoned for businesses. Most sincerely, Helen W. Prince "Mullen can't go anywhere else." But he can_ There are many other sites c.c $outhold Towu Board Jean San ford Members of S.T.O P.-Watch SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Packing Only. Facl. There have been over 35 ears stored there overnight. (1 violation). 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the car dealership. Faint. No 16S ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of low growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Faot. The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple car access. (1 violation). 5. "Employee Parking Only "signs were supposed to be installed in Employee Parking Lot. Fact. They have never been installed. (1 violation). 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership cars .parked on it. (l violation). 7. No vehicles are allowed between the addition and forward to the north front property llne. Fact, Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Faint. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.$ states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan_ After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over_ This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, '1994. To date, neither violation has been addressed. (2 violations)_ 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (1 violation). Total Number of Violations=14 S_T.O.P.--Watch Southold Town Organization for Preservations-Watch P.O. Box 1445, Sou/hold, N.Y_ 11971 Information PUBI,IC DOMAIN gathered from Southold Town Planning Board and ZBA files. Helen W. Prince 1165 Founders Path Southold, NY 11971 September 4, 1997 Alvah "Skip" Goldsmith Goldsmith's Boat Shop Main Road, Southold, NY 11971 Dear "Skip," I read the letter you sent to the Town Board, and wish to reply to the points you made. "l~7~atever renovations they've (Mullen) undertaken have been an asset to the community and done in good taste." Enclosed is a list of site violations Mullen has perpetrated against the community you say should support him. Please read it carefully. He has repeatedly gotten variances to expand, saying he would comply with the requirements in the site plan, but then disregarded them. His renovations have NOT been an asset to the community NOR done in good taste. He has greatly enhanced his business at the expense of h.is neighbors. When they or their heirs try to sell, no homeowner will buy it and live next to a business that shi~es lights into their bedrooms, is noisy, malodorous, etc,etc, ad infinitum. "It's high time we show support for our local businesses and stand up to their critics who try to put them down at every opportunity." The community has always supported him, overlooking the traffic ba~?ard of Cottage Place, overlookimg the intn, qon of his fence that appears to block seven feet of public domain on Cottage Place, etc,etc, as noted on the list ofviolatious attached. Actually Mullen ghetto-izes then canibalizes all houses adjoining his property. If he is not stopped now, by the year 2020 he will expand south to Kom Road with the two exits fi:om Founders Estates, '(Cottage Place and Locust Lane), a traffic bottleneck. His huge car business will control them. It will lower our property values considerably, yours included. I fight this expansion because I have an eye for the future of our 350 year old village. Founders Estates is one of the first "developements" in Southold. It would be sad to see it be the first to become a slum. I assure you. this is not any kind of personal attach against the Mullen family. And it is not against growth. It is against the expansion of a car dealership located in the hamlet. HelenW Prince /x;,,~,.-. - · .' ., r c.c Somhold Io,.,.n Hall McmberofS.T.O.P.-Watch SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Flirt. There have been over 35 ears stored there overnight. (1 violation). 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the ear dealership. F~lct. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of low growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of ears. Fact. The gates have been removed, replaced by multiple ear access. (1 violation). 5. "Employee Parking Only "signs were supposed to be installed in Employee Parking Lot. [=act. They have never been installed. (1 violation)_ 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership cars-parked on it. (1 violation). 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. F~lct. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date, neither violation has been addressed. (2 violations)_ 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (1 violation), Total Number of Violations=14 S.T.O_P.--Watch Southold Town Organization for Preservation--Watch P.O. Box 1445, Southold, N_Y_ 11971 Information PUBLIC DOMAIN gathered from Southold Town Planning Board and ZBA files. Helen W. Prince 1165 Founders Path Southold, NY 11971 September 4, 1997 John J. Nickles P.O. Box 56 Southold, NY 11971 Dear John, Having read the letter you sent to Jean Cochran at Town Hall, I wish to answer some of the things you said. There are many well thought out statement~ in your letter. I agree that the vitality of the Main Street business area should be encouraged and that family businesses are fine. BUT the community is totally against the expansion of a car dealership in the hamlet. They are banned in the Town Code, and Mullen is only there because he is a pre-existing car dealership. He has already gobbled up several houses as their value plummeted as "homes." You know and I know, that Mullen's dealership will never have enough property to satisfy its desires. That means by the year 2020 he will probably have expanded south to Kom Road and he already plans, in ten years or so, to replace the Colonial Comers converted homes with a new salesroom, covering the whole block. This would be intollerable for the Founders Estate residents. The drop in property values aside, it would not be pleasant to live here because there would be no decent outlet to the Main Road. The Cottage Place and Locust Lane outlets would be totally controlled by Mullen's customer and employee traffic and car testing. Remember we are talking about a HAMI.ET. Car dealerships in the congested west end of the island, do an excellent job of displaying cars of every model on even smaller properties. I am sorry Mullen takes this as a personal attack. It is not. However, we ar~e bitter about the many site violations we have come to know he perpetrated against the community while deluding hjmnelfthat he was a "good neighbor." He is a generous contributor. His customers should be thanked for that. Enclosed are the site violations. Please read them carefully. Sincerely, cc.: Soulhold Town Board M¢~nber of S.T.O.P.-Walch SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over 35 cars stored there overnight. (1 violation). 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the ear dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of low growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars_ (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple ear access. (1 violation). 5. "Employee Parking Only "signs were supposed to be installed in Employee Parking Lot. Fact. They have never been installed. (1 violation). 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership carsparked on it. (1 violation). 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date, neither violation has been addressed. (2 violations). 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (1 violation). Total Number of Violations=14 S_T.O.P.--Watch Southold Town Organization for Preservation--Watch P_O. Box 1445, Southold, N Y_ 11971 Information PUBLIC DOMAIN gathered from Southold Town Planning Board and ZBA files. Helen W. Prince 1165 Founders Path Southold, NY 11971 September 5, 1997 Frank Murphy P.O. Box 84 Mattituck, NY 11952 Dear Mr. Murphy, I read the letter you sent to the Tox~aa Board and find there are several things to tell you concerning the other side of the "coin.:' Your statement, "There is absolutely no reason to assume he will do anything to harm the future of these people or of any citizen of this town." is a very wrong assumption. It would be a very neat and pat assumption, but the fact is Mullen Motors has intruded on the lives of those in the surrounding homes. It is like a creeping cancer. No one wants to buy a home next to him, so when the house goes on sale, he gobbles it up and adds parking lots without regard to site plans he has agreed to with the Planning Board. This gobbling has had the affect of dominoes: another house down, and the next to go. The opposition to downgrading the lot Mullen Motors wishes to acquire is absolutely not personal. Most people do not know that the master plan for the town does not allow car dealerships within the hamlet. Mullen Motors is the exception because it was a pre- existing business, and he has gotten variance after variance in order to increase this intrusion into the hamlet. Citizens are beginning to realize they must speak out and help the Board do its job of curbing improper growth within the hamlet. The Board needs to know the people are 100 % behind them in this. Of course Mullen did not cut down the trees nor order them cut. They could only have been cut by orders or permission fzom the owner of the property, Mr. Albertson. Otherwise Mr. Albertson should start a big law suit against those violating his property. While on the subject of violations, I am enclosing a list of site plan violations perpetrated by Mullen. You are fight in stating Iris is a well organized and administered business, but these violations show arrogance against the whole town, not just his neighbors. Being a good businessman and living here for three generations is a poor argument to use against those whose families have lived here for 350 years. Dick Mullen i~s enduring d(fficu/ties and rightly so. c.c. St;ulhold Town Fh:)ald S T.O.P. Watch Member SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over 35 cars stored there overnight. (1 violation). 2. A 165 ft. long grass buffer, 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbors valuable property from the car dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of low growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact, The fence has been taken down and shrubbery ripped out, replaced by macadam and parked cars. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple ear access_ (1 violation). 5. "Employee Parking Only "signs were supposed to be installed in Employee Parking Lot. Fact_ They have never been installed. (1 violation). 6. The chain link fence enclosing the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place_ Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales, only has Dealership cars .parked on it. (1 violation). 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To date, neither violation has been addressed. (2 violations). 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (1 violation). Total Number of Violations=14 S.T.O.P. Watch Southold Town Organization for Preservation--Watch P.O. Box 1445, Southold. N_Y. 11971 Information PUBLIC DOMAIN gathered from Southold To~n Planning Board and ZBA files. NELSONj ~" V~OORHI~S, LLC CHARLES J. VOORHIS. CEP. AICP · ARTHUR J KOERBER, PE. · VINCENT G. DONNELL'~ PE · VICTOR BERT. EE. · JOSEPH R EPIFANIA, I~E.- ROBERT G.NEL$ON. JR. I~E_ Ms. Judith Terry, Town Clerk Southold Town Board Town Hall, 53095 Main Road PO Box 1179 :' Southold NY 11971 Re: September 10, 1997 RECEIVED SiP 1 6 1997 Sou~old To'~ Clerl~ Supplemental Review of EAF Richard F. Mullen ITl and William Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 N&P Job No. 97208 Dear Ms. Terry: As per the request of the Southold Town Board, we have completed a supplementary review of the above referenced zone change. This review is intended to examine current site conditions as a result of tree clearing activity, and the review and analyze these conditions, community concerns, and potential impacts in the context of the proposed zone change and subsequent use of the subject site as an expansion of Mullen Motors. We have completed a second field inspection, with particular emphasis on assessing the impact of the recent cutting of trees along Locust Avenue. In addition, we have reviewed available material concerning community concerns. The primary issues raised by local residents are: 1) visual impacts; 2) cutting of trees on the property; 3) land use conflicts and growth inducing impacts within the area; 4) traffic impacts; and, aesthetic impacts including noise. This letter will provide a brief discussion of each of these impacts; however, we believe that the burden should be placed on the applicant to address in detail issues concerning the proposed use of the intended zone change parcel. In addition, local residents have stated that conditions at the existing Mullen Motors to the west violate past site plan approval for buffering and use of the employee parking areas. These issues are separate from the current application, but the Town may wish to address these issues in the context of the requested expansion of Mullen Motors to the subject parcel. The Board may also wish to have the appropriate branch of Town government further investigate these claims as a separate action_ One difficulty in reviewing the action is the lack of specificity with regard to future use of the site. While we understand that the project is for a change of zoning to General Business (B), the Pa~c I Muilen Change of Zone EAF Review proximity of the site to the residential neighborhood is such that many uses allowed in General Business may be incompatible with the neighboring community. In addition, the specific aspects of site design including design and layout, setbacks, buffering and landscaping, play a major role in impacts and mitigation. Many Long Island Towns require conceptual site plans and often get into the level of detail more appropriate for a site plan review, at the time of a change of zone application.. While exact use and design may not be binding at the time of the zone change, detailed review generally results in conditions, or covenants and restrictions regarding use, setbacks, design and buffering that help to minimize impacts. This approach seems appropriate for this project in order to fully understand the potential impacts and mitigation available, particularly in view of the potential land use conflicts. Accordingly, it is suggested that a concept plan be submitted with supplemental information outlined in this review The following project summary and summary of issues is provided: Project Summary The project site is a 1_2484 acre parcel in the hamlet of Southold, and is located at the southwest corner of NYS Route 25 and Locust Avenue. The northern portion of the site fronting on NYS Route 25 is zoned Hamlet Business (liB), and the southern portion of the site zoned is Low Density Residential (R-40). The current application is for a change of zoning designation on these two lots to General Business (B). The existing site conditions and zoning are discussed in greater detail in the NP&V review dated July 8, 1997. Mullen Motors, the project sponsor, operates an existing car dealership on the two parcels to the west of the site. The southern R--40 portion of the site is currently vacant, although the vegetation is partially cleared. The sponsor intends to expand the parking facilities for the existing business onto the southern parcel, as the current parking is inadequate. Auto sales are not permitted within Hamlet Business or Residential zoning districts, and thus rezoning to a General Business designation would be necessary for the proposed use. There are five existing retail structures on the northern t-lB portion of the site which are collectively known au "Colonial Corners". It is believed that these structures would remain under the current proposal, although the change of zone could permit future removal of the retail buildings and further expansion of the dealership. Land Use Issues As was stated in the preliminary review of the EAF Part I, the primary concern associated with the proposed project is the potential for land use conflicts between the proposed project and adjacent residential uses. The project site has frontage on IVYS Route 25, a primary route through the Town of Southold. Commercial development has occurred within individual hamlets along the NYS 25 corridor, and the subject property is located on the eastern border of the hamlet of Southold_ The predominant commercial zoning category within the area is Hamlet Business, and the existing Mullen Motors parcels are the only properties in the area which are zoned for General Business. The Hamlet Business zoning on the north side of NYS 25 is fairly deep, without side streets, and thus the residential lands further to the north are well buffered. The residential lands to the Mullen Change of Zone EAF Review south of NYS Route 25 are not as well buffered from the commercial uses. The commercially zoned properties along the south side of the road are only 100 to 300 feet in depth, with residential development abutting immediately to the south. In addition, there are several narrow side streets in this area, which help create the potential for land use conflicts between the residential and commercial uses. Local residents have expressed concern that the change of zone will "compromise the rural character of the area", and might result in subsequent requests for zoning changes on surrounding properties. Limited land use conflicts might be expected to occur with any commercial use, even under the existing Hamlet' Business zoning. The proposed expansion of the car dealership will present a conflict, particularly if the existing Colonial Comers Center were to be removed in the future. The center is traditional in design and is occupied by several small businesses, and would offer a visual buffer as long as it remains. There are relatively few properties within the Town with a General Business zoning designation. If additional areas for General Business development are needed within the Town, it is preferable to locate them adjacent to existing General Business parcels as proposed_ However, due to the depth of the change of zone parcel which encompasses the R-40 parcel south of the I-IB frontage, the encroachment of this zoning into residential use areas indicates that the proposed change of zone is generally not consistent with the surrounding zoning (with the exception of the existing General Business zoned Mullen Motors property to the west)_ The potential conflicts of the proposed project can be minimized through limitations on signage and lighting, appropriate setbaclqs, buffers and landscaping, and use of traditional building design for any new structures. M~d!:.~aion as well as alternatives should be explored in order to ensure that land use incompatibility is minimized_ Visual Impacts The preliminary review also discussed the visual impacts of the proposed rezoning as potentially significant, particularly if the property is used for the expansion of Mullen Motors as proposed. Car dealerships are typically characterized by bright lights, banners, pennants and other advertising methods, as high visibility is preferred. The expanse of pavement which is generally necessary for a car lot may also detract from the visual quality of an area. These impacts can be partially mitigated through the use of landscape islands, retention of vegetated buffers and fighting restrictions, as suggested in the initial NP&V review. Town code already prohibits the use of pennants, canvas banners and most temporary signs, and lighting within the General Business district is restricted to the front third of a lot with poles of no more than 14 feet. The required vegetative buffer within the General Business zoning category is 25 feet, which is greater than the 15 foot buffer required within the Hamlet Business district_ Covenants could also be placed on the number of cars which could be stored on the site and building design for any new structures, These measures should minimize the visual impact of the proposed project. Muilen Change of Zone EAF Review Traffic Issues Several traffic issues have been raised by local residents in response to the proposed change of zone, although these issues are largely the result of existing land uses in the area and are only indirectly related to the current proposal. Some of the problems identified include test driving by Mullen's Motors customers within adjacent neighborhoods and the partial obstruction of Cottage Place by cars awaiting service at Mullen Motors. Use of local roadways by large trucks has also been cited as a problem, although the majority of trucks probably originate fi-om the existing Hamlet Business uses, particularly the adjacent 7-11 store. Mitigation of existing traffic problems on the Mullen Motors property can be explored by the Town in conjunction with the applicant; however, thee focus of impact analysis slmuld he on any.additional traffic_ imp_a_c_ts wNch res_u_lt from the change of zone. In fact, it is likely that the proposed expansion would improve conditions along Cottage Place by providing additional parking areas on the property. A .tr _affi~p_ar~ng study would be useful in conjunction w/th the current application to address these issues_ Cutting of Trees The preliminary review prepared by NP&V recommended that the existing street trees be retained in the southwestern portion of the site. Some of these trees, including large Norway spruce trees, were cut without authorization in July 1997. Although these trees were not 300 years old as stated by some local residents, they did provide an important visual buffer between the residential area to the south and the commercial strip along NYS Route 25. A subsequent site visit by NP&V staff showed that the large spruce were approximately 60 to 80 years in age, based on the number of growth rings present, with a maximum diameter of 32 inches at breast height_ It is unclear whether the project sponsor is culpable, but the Town may wish to take action in response to the removal of the trees. Such an action would be separate from the SEQRA process; however, replanting of a vegetated buffer in this area should be made a condition of any site plan approval for a new commercial use. Use of transplanted older trees, rather than seedlings, would be preferable in order to provide immediate screening_ Aesthetics and Noise The increase in intensity of use of the subject parcel would be expected to result in certain cultural impacts including aesthetics issues, light and noise. It is noted however, that many of these impacts are already present or cound be altered through commercial use of the I~ zoned portion of the site. The operation of the facility will determine the level of impact, and the ability to control or limit such impacts_ Barriers are effective in reducing off site transmission of noise, and site plan and zoning controls would be expected to limit impacts due to lighting. The general increase in activity may compromise aesthetic qualities of the nearby residential areas, if site use is not properly designed and controlled. Accordingly, operational as well as design issues are important considerations at this stage of review. POPE ~ VI2OPI--I~S. LLC, Mullen Change of Zone EAF Review Other issues raised by local residents include noise fi-om car alarms and fi-om the service area, and the possibility of toxic smells from the proposed project. These concerns relate to the proper management of the existing dealership, and would exist regardless of the intended use of the subject property. The change of zone review should address the potential for these impacts to increase or decrease with the expansion of the facility. The Town consideration of the pending zone change and the desire of the applicant to expand the subject facility to the adjacent site provides an opportunity to review the overall operations_ Both Mullen Motors and the Town may be able to use this as an opportunity to improve compatibility with the existing operation, in an effort to have Mullen Motors "be a good neighbor". Based on this review it is clear that the issues involving the pending zone change are complex and should be carefully considered by the Town Board. As a result, additional environmental documentation is appropriate to explore these issues and provide a basis for a Determination of Significance under the State Environmental Quality Review Act (SEQRA) as well as to assist in reaching an informed decision on the zone change. This should be in the form of a detailed Full Environmental Assessment Form OEAF) Part III Narrative to analyze key issues of the project. The Full EAF Part m (if required) should provide a detailed project description including project construction and operation_ The Part III should be accompanied by a conceptual sile~p!an that would depict the intended use of the change of zone parcel. The topics outlined in this correspondence should be used as a basis for further analysis in the Part III Narrative_ The document can also serve as a means to seek input fi-om groups or individuals as provided for under SEQRA Part 617.14(c) prior to issuance of a Determination_ If Mullen Motors intends to expand the existing building or to demolish the existing center as well as add additional parking, these actions should be considered as part of the current application rather than under a separate SEQRA review. The EAF would then provide a basis for either a Negative Declaration if potential impacts are either not significant or are mitigated, or a Positive Declaration to require an Environmental Impact Statement (IEIS) if there are outstanding impacts that can not be mitigated. As an alternative, the Board could consider requiring an EIS at this time_ Such a document could be scoped to include only those key impacts of the project, and would include discussion of mitigation and alternatives. In conclusion, the Town Bgard has three options for action on the proposed project.~The Board could deny the project based on currently available information. The decision to deny the zone change should be subject to,a. Negative Declaration, allowing the Board to fulfill their legislative decision on the zone chang "~6~I'he Board could choose to issue a positive declaration and require additional environmental documentation through a Draft ElS with a limited scope addressing the potential traffic, visual, cultural and noise, and land use impacts of the proposed change of zone and expansion of Mullen Motors. Mit,'~gation of these potential impacts should be discussed in detail, and alternative sites explored. (2,Finally, the Board could require a Full EAF Part III Narrative to analyze key issues, and then utilize this as a basis for a Determination of Significance and/or decision on the zone change. The use of Part Ill EAF is our favored option, as this NEL~E3fXl POPE ,q 'v'OCf~Hl.~~. ~ L.~ Mullen Change of Zone EAF Review provides the applicant with the opportunity to address key issues and impacts. The document can be used to solicit public input, and will provide a sound basis for the determination of significance If there are one or more key impacts that are not mitigated, the Board would retain the option to seek a complete Draft EIS. If you have any questions or wish any further input with regard to this matter, please do not hesitate to call. Very truly yours, NELSON, POPE.& V00RHIS, LLC Charles J. Voorhis, CEP, AICP NELSON. POP-~ .-q, ',~'O01~t~IS. L'--~ Letter to the Southold Town Board, by TomJarnich. (My Own Enviromental Impact Statement) Dear Southold Town Board, August 14,1997 I am a resident of the Founders Estates area. This is My Own Enviromental Impact Statement. Southold is steeped in history and many historic sites. Many of the people here are descendants of the early settlers. Plaques bearing their names are still to be seen on homes they once lived in. Some other buildings that were built later on, lend themselves to the historic scene too--including the little hamlet shops on the Main Road and Locust Lane called Colonial Corners. A block or two west, there are museums and exhibits in a rural setting. The attitude of people today is to save as much of our heritage as possible. Do you want to replace Colonial Corners--a village within a village--with a commercial car dealership? I am a very concerned person who resides part time in Southold, in a home owned by my wife's family. They built the house some forty years ago and have continuously used it as a second home for weekends, holidays and summer retreats. Every year, look forward to my time spent in Southold. I have come to love and appreciate its pristine beaches, tree-lined streets, quaint shops and quiet neighborhoods. The Mullen Motors Company's plans for expansion is a serious threat to this historic rural scene. It is also a threat to the property owners of the Founders Estates area, because it will decrease the values of their homes-Homes for which they worked very hard and long to earn the purchase money and to later carry on a long term mortgage, Previous expansions of Mullen's business has devaluated homes in the vicinity of the auto business along Cottage Place. If this latest plan to expand is successful, then the property owners along Locust Lane will suffer the same fate. For example, there is a very beautiful home on Locust Lane that is for sale. Already, the proposed expansion of Mullen Motors Car Dealership, has adversely impacted the sale of this home. If a traffic survey was made for Locust Lane, we would realize that an auto accident nearly occurs, several times DAILY. Now, add to this all the additional traffic that will be gererated by the automobile sales and service cars and trucks exiting and entering the expanded premises onto Locust Lane. It will become very unsafe to drive down Locust Lane toward the Main Road, along with trying to turn onto Locust Lane from the Main Road. And remember, Locust Lane is a very narrow two-way street. Hobart Road is a one-way street. Heavy commercial traffic coming from the Main Road, detours down Hobart Road, across Korn Road and up Locust Lane. These traffic conditions--along with a dealership expansion--creates an unthinkable situation. At least one residenl of Founders Estates, travels about town by motorized wheel chair. This person must drive down Locust Lane or Cottage Place to get to the Main Road in order to reach their destination. Both of these streets are already congested lrom heavy commercial traftic and pose great safety hazzards. Once on the Main Road, there is no designated sidewalk from Mullen's display window hall way to the video store. Pedestrians and wheelchair users must walk or drive on the edge o! the road to go westward into town. Again, the advocates ot expansion do not consider the needs of residents--Its not their problem how others fare because of their mounting greed. Next, we come to the letters of the local businessmen coming to the rescue of Messrs Mullen and family-- Each implying that the said expansion will not hurt the community. Question. Where exactly do each of these businessmen and their families live? E)o any of them live on Cottage Place? Would any on them tolerate the intrusion of a commercial business adjacent to their homes? Would they allow their young children of grandchildren to play or walk on the street? Let's say, on Locust Lane after the expansion was to take place? Would they tolerate bright lights burning all night lor the protection of the business premises from theft? We could continue to ask many more questions. If by chance a "NAY" response was given to any of the above questions, then expansion plans must be scrapped and no zone change with special exception awarded. Each Board member and/or employee of Southold Town, should ask himself/herself the same questions. It would be interesting to hear their responses. According to the principals advocating this expansion, one is led to believe, that ii it is not next door to me, glaring me in the face and decreasing my property value--who cares! Up to this point, the emphasis of this letter has been on the safety of Founders Residents and their guests Secondly, their property values. Has the impact of ~ hazzards been addressed? What impact will the additional carbon monoxide poisoning have on the residents and the ecology? What about the toxins in asphalt itself? Do people realize that asphalt is an unregulated toxic substance? By increasing paved areas for parking, the eco['ogy w~ll surely sutter. Already, Mullen Motor run-off has had an ecological impact on property adjacent to his macadamed parking lot. Flooding, errosion, contamination, general dampness-~these are all unacceptable problems. An article in Suffolk Life (dated Wednesday, August 27th) indicated that the auto business may have to consider relocating if further enviromental impact studies are necessary. Mr. Mullen stating that he may have to "relocate", shows that other options are possible. Satisfied customers will follow Mullen anywhere--and so will his employees. A competitor is conducting business on a north-south road just north of Route 48 right now! A NEW facility, with NEW showrooms, shops and service centers will be more impressive than the present old patched together group of decrepit, non-contorming buildings on the existing site. A MODERN, good looking facility indicates a potentially successful business. People like that. And relocation may generate additional tax monies for Southold Town. When businessmen boast, "We support local institutions", it is not always done out of the goodness of their hearts. Businessmen don't do anything without some motivation in mind, or as part of their Master Plan for conducting busin--'~'~. Spending money around town is an act of good will--hoping it will improve and promote additional car and truck sales is another thing. The concerns of the Public Citizens and the way Southold Town looks is something our Village government needs to take very seriously. Pray tell, why aren't the people o! Founders Estates taken seriously? Why can't their pleas be heard and considered? Down zoning in this case can not benefit, improve or enhance the value ol our residential property or Mom & Pop property owners' real estate. Should our crusade fail, will the town re-appraise the Founders Estates properties and decrease the tax burden ot the local owners in proportion to the amount of depreciation? Also, will Mullen's tax burden be increased to cover the amount the Town loses from us? In conclusion, the Town Council must render a decision that preserves the rural character of our town, maintains its eviromental balance and beauty and upholds the value ot residential property, in ancient Rome, even Caesar was guided by the voice of the Public before rendering a thumbs up or thumbs down decision. Like the Ancients, we are asking the Town Board to hear the voice of the people and render a Thumbs Up! on our behalf. Sincerely, Tom Jarnich v"/Southold Town Board PO Box 1179 Southold, NY 11971 To Southold Town Board, RI}CI}IVI~D SEP 9 cc? Southold Io,,,,', C!e,'~ September 8, 1997 I am a resident of Locust Lane and former employee of Mullen Motors. I have had a long association with the Mullen family both personally and professionally. Over the years, Mullen Motors grew from a small family operation to a corporate car dealership. This change has presented problems to residents that initially were no cause for alarm. However, recent years have proven that conditions have become unacceptable. The destruction of homes, trees, increased traffic, car repairs, car carriers, test-driving etc.., demonstrate the inappropriateness of any more expansion. As a homeowner on Locust Lane, I am totally against Mullen's plans for future parking and storage on Locust and Main Road. I only say this out of concern for the devaluation of my home and those of my neighbors. Any further expansion should take place on property already zoned for General Business. Yours truly, Harry Mitchell Southold cc: Judy Terry Town Clerk cc: Gerard Goehringer Z.B.A. cc: Ed Forrester Bldg. Dept./Code Enforcement Nr, c_. ON ~. POPE, LLP N£L$O/V, PO~'E & VOO~tS, LLC 572 Walt Whitman Road Melville~ New York 11747 Facsimile Cover Sheet TO: Company: Phone: Fax: FROM: go'- Date: No. of Pages (including cover): 516, 427 562id Comments: N~NCY ZITO P.O. BOX 770 SOUTHOLD, NY 11971 765-3986 SOUTHOI/) UFSD 0AKLAWN AVE. SOUTHOLD, NY 11971 ATT: AR-N ROMEO RE: KAELA LAKOWITZ CHANGE OF BUS STOP Dear Ms. Romeo; I am once again making a request to have my daughter, Kaela's bus stop location changed. This time however, my plea is a bit more urgent. My eight year old daughter walks a half a block down Korn Road from Locust Lane to catch the bus on the corner of Founder's Path. Over the last few years the traffic in this area has increased dramatically, and mostly due to large Tractor Trailor delivery trucks. These trucks are coming from Hobart Road and Cottage Place and using Korn Road as an outlet to the Main Road. Every morning my daughter and I encounter some sort of delivery truck. The afternoon traffic is even worse, adding large Tractor Trailor Rigs used for car delivery, coming down our residential area, scaring the living daylights out of us all. These roads are very narrow, not engineered for this type of traffic. My daughter and I are actually safer walking on the Main Road. I strongly feel that the corner of Founder's Path and Korn Road is not a suitable area for a children's Bus Stop. To make matters worse, we also have to contend with a numerous amount of traffic coming from Cottage Place, due to Mullen Motors. This area is in constant use of Mullen Motor Service Dept. and customers test driving cars, making matters even more hazardous. No where in this neighborhood are signs to indicate a Bus Stop area or Children in Area. My question to you and the Town Board is, Who is liable if anaccident does occur while a child is enroute to a School Bus? I believe that my fears are valid and if you cannot satisfy my request for a safer and more logic Bus Stop I am prepared to bring this issue to the School Board and to the Town Board. Since.rely, Nancy Zi~o Nelson, Pope & Voorhis Walt Whitman Rd. Melville, NY 11747 Att: Mr. Charles Voorhis Fax: 516-427-5620 RECFIVED Re: Supplimentary EAF Richard F. Mullen III and William Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 Dear Mr. Voorhis, August 24, 1997 We are asking you again to take a stronger stand against allowing a Mullen Motors down zone in the heart of our residential area. It is not necessary for us to live with noise and disruption by day and lights by night. There are other places they should go for their expansion. You mentioned one reason for not taking a stronger position was that there were other business zoned areas near Mullen Motors. Seven-Eleven is one and has caused this neighborhood undue stress--traffic--noise--safety violations--spotlights at night--none of which were cited in your report. Most of the other businesses, hamlet or otherwise are mostly contained in old houses which do not change the area's rural character. They also are not heavy, noisy, dirty, industrial businesses, which is what Mullen Motors really is. It is unbufferable. Mullen Motors is not a boutique or beauty parlor that can be softened by the proverbial hemlock--which is recommended all over town for every problem. This is the SUBURBAN REMEDY--how wonderful! Mullen Motors hasn't a strip of grass or trees or shrubs anywhere on its existing property site, is in violation of many rules and cannot be beautified or buffered anyway. The natural wooded barrier, which has buffered us in the past, has also been destroyed during this application period. THESE ACTIONS SHOULD NOT BE REWARDED. Please give us a positive declaration. Sincerely, ~ean A. Sanford~ P.S. Enclosed are 2 more pictures to show what we're living with. Where was the traffic study in the first Environmental Impact review? Child riding bike on Locust Lane while heavy commercial delivery truck bears down on him. ;~ ~ ' ~ ~ ~ "~- '., ' ' i. Mullen Motor Car Carrier make U-turn on residential streets (down Cottage Place, across Korn Rd. & up Locust La.) after delivery at dealership. Nelson, Pope & Voorhis Walt Whitman Rd. Melville, NY 11747 Att: Mr. Charles Voorhis Fax: 516-427-5620 August25,1997 Re: Supplimentary EAF Richard F. Mullen III and William Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 Dear Mr. Voorhis, We were pleased to see you at the August 19th Town Board Work Session and hear you say that you had recommended in your report that the trees should have been retained and also that" you can not achieve what was there" and that "the area should be restored as well as it can be". Mullen Motors is bounded on the far east by general business for Seven--Eleven, which has been problematic from the start--noise, garbage, traffic, night spot-lights, heavy commercial deliveries on residential streets, round-the-clock disturbances. On the west and south, Mullen's is bounded by residential property. He has been allowed to expand in the past under variance and special exception, favors which have been grossly violated. Mullen Motors is hard-core industrial stuff--it's unbufferable! Out of Context. Out of Keeping with Historic Hamlet and Residential Zone. This General Business is a General Nuisance and Threat to Our Quality of Life. Please take this into account when making your recommendation. Sincerely, Nelson, Pope & Voorhis Walt Whitman Rd. Melville, NY 11747 Att: Mr. Charles Voorhis Fax: 516-427-5620 August25,1997 Re: Supplimentary EAF Richard F. Mullen III and William Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 Dear Mr. Voorhis, We were pleased to see you at the August 19th Town Board Work Session and hear you say that you had recommended in your report that the trees should have been retained and also that" you can not achieve what was there" and that "the area should be restored as well as it can be". As you may know, Mullen Motors was admitted into the hamlet business zone in 1989 as a pre-existing non-conforming commercial business. It is a glaring disparity in our Historic Hamlet let in only by special exception and use and area var;ances. On the south, south-west and south-east, Mullen is boarded by residential property. To the east and west there are lovely old homes zoned for hamlet business. There is a commercial zone across the street. HOWEVER, the shops and businesses are in keeping with the town. The Real~.o~- has preserved the brown cedar shingled house and the Boat Storage Business has a white-washed Federalist facade. All of these properties add up to a harmonious whole-- Yet embedded in the middle, is an ugly, nois,,/, commercial car dealership. The "favors" extended to Mullen Motors in the past can not be repeated. Not only because he has violated the conditions of his variances and special exceptions, but because our Town Codes do not and have not allowed for the existence of such businesses in any of the 3 zones mentioned -- Residential, Hamlet or General Business. It is only through the generosi-f)~ of past Boards that Mullen Motors has been able to secure the vast property he currently owns. Mr. Mullen should feel fortunate that the Town has granted him as much visibility as he has. Many businesses would like to expand. But what would our Town look like if the Board said Yes, everytime an application was filed? Mr. Mullen has applied no less than 3 times since 1983. Everytime the Board has said, Yes. Now is the time to say, No. Mullen Motors is Nois)/, Smelly, Congests traffic--totally Unbufferable. Out of Keeping with Town Codes. Degrades Residential, Hamlet and Commercially Zoned Properties. A Threat to our Safety and Quality of Life. Sincerely, Melanie Sanford 516-765~5426 ,he Suffolk Times · Augus[ 21, 1997 . E'm~iions': a~e~:i~ihh{~g,.h.i~h in dowrliown _Southold these 0ver~:a' S'eerhin~ly ~t£a'ighii~8~ard Planning question:. Should the~ towfi gmnt'a- ~hange-°/~ ~-fie::~6 that Mil'lien Motors can convert a vacaht lot in!6' a par. king. h~ea and ha~e-'th~ OPtion of expanding the dealership eastward ifit0 th'e Colonial Corners shopping ten-. Those who live just down the Street from the auto business are waging an energetic camPaign of unrelenting pressure on Town Board members, demanding that they Say no to a company charge .has been anything but a good neighbor. Inside the show. room, Mul[e_n family m~mbers view the debate with dismay and believe their 70-year-old reputation as one of the town'~ most res.~pected businesses is bein~ unfairly sullied by a 'small knot of malCOntents with too much time qn their hands.' 'WHere's o~e case where town officials .really mus[ earn.their salaries ...... ..... ':.:!'i i~ . ' ...~ But.the mixture of em6ii0ia~l argu~nts;hnd 'i:lection political pressure do no~-'§oUnd planning riiake. For better or": worse, town government.is equipped with a system to allow a full airing of the pros and cons of this debate, and before the dis- cussion becomes more personal than is already is, it's time to see that process -- slow and cumbersome though it may be -- to its This may seem'a ridiculous exercise in paper shuffling to both the residents,.first p~ovoked by,someone's boneheaded decision to cut d. gwn a number of trees on the 1oh trees that acted as a b-uffer-betwecn their horfies and Main Street businesses, and to the owners Of Mullen Motors, who may think that t~hey're being penalized for their continuing success. But there's far more involved here than just the cutting of trees or the perceived attack on the business community. The much-lauded Stewardship Task Force report suggests con- centrating businesses in existing hamlet areas. If the town doesn't accommodate Mullen Motors on the Main Road, does it run the risk of forcing the business up to Rouie 48 or out of town completely? On the other hand, is__the town willimz to fore¥~r s_uurrender lower density business use on eastern Main Street and ~mit a car dealership to move that much closer to nearby homes· · Let's move beyond personal invective and protest and find the answer to those questions and others. That's solid planning. ,"~ :? THOMAS C. SLEDJESKI, ESQ. 1170 Holland Road Cutchogue, New York 11935 Mrs. Jean Cochran Supervisor Town of Southold Southold Town Hall Main Road Southold, New York 11971 R/chard and William Mullen Zoning Application · " 2 IL%7 Dear Mrs. Cochran: I would like to take a few moments of your valuable time to express my support for the zoning application currently pending which will ultimately inure to the benefit of Richard and William Mullen, and, I would submit, to the people of the Town of Southold. Unfortunately, up until the present time, most of what I have seen and heard in the local publication has been exceptionally negative and unwarranted predicated upon the long and loyal history of Mullen Motors to its customers and, ultinaately, the Town of Southold. Mullen Motors is a family owned business which has been in operation now for over 70 years. The third generation of Mullens is now involved with the day-to~day operations and management of the business. It has long been a well-respected and valued business in the area. Despite this, there has been some recent mud-slinging by some of Southold's citizenry, albeit a very small minority.. The allegations which are being leveled are without merit. It would appear that many of them arise from a basic lack of understanding as to what the project will eventually entail. Certainly, if one was to examine the history of Mullen Motors, vis-a-vis its relationship with the people of Southold Town, I believe that the resounding and overwhelming result would be one of mutual self-respect. Mullen Motors employs a great deal of local individuals who, as a result, are able to revitalize the area with a new generation of hope. As I am sure you know. there are a few local employers with a staff which approaches that of Mullen Motors. It is a long established business which has been developed through hard work and honesty. Instead of undermining their efforts, is not this a situation which calls for support? Recent remarks about removal of trees should certainly have absolutely no bearing on any decision in this matter. The several trees involved are certainly not unusual to the area nor does it in any way diminish its natural attractiveness. Mrs. Jean Cochran Supervisor Town of Southold August 8, 1997 Page -2- There has been additional mention that the zoning change and eventual purchase of the land by Richard and William Mullen is a condition which is somehow untenable or unsafe for the neighbors. It has been made to sound as if somehow this addition will amount to a consmaction project tantamount to a race track. If the same individuals would take time to educate themselves, I am sure that they would see that nothing could be further f~om the truth. Mullen Motors has and continues to be a good citizen in the Town of Southold. Its reputation precedes itself and as such, there is only one proper and appropriate alternative to consider and that is to approve the application for the change of zoning which is currently pending and which will, ultimately, benefit the entire Town and its residents. Thank you for your consideration of my thoughts on this matter. I am sure that I am not alone and am most likely in the majority based upon the amount of people I have spoken to on the subject despite what appears in print. Very~truJ:~ yours, '[kl: (%9 C7-5047 Allen iq. eSmith 7'W Qoa~okc Avcmuc. Pos1 C)[[]cc box 1240 I'ax (516) August 187 1997 Town Board Town Hall Town of Southold Main Road Southold, NY ii971 RECEIVED AUG 2 ] 1997 Soutflold 'rown Cletlr Re: Zoning Change Application of Mullen Dear Mesdames and Sirs: Please be advised that I represent Janice J. Szczesny and David R. Szczesny. My clients own the improved real property abutting the parcel which is the subject of this Petition. My clients' property is designated as SCTM Number 1000- 062.00-03.00 -26 and a copy of their survey is enclosed lbr your reference. Please accept this comment with reference to the SEQRA review conducted to date on this Petition. Please review Mr. Voorhis' report dated July 8, 1997. Mr. Voorhis qualifies his report in the supplemental page entitled "Project Description." His assumption reads as follmvs: "If any nexv structures are proposed on the project site in the future a new LEAF should be filed containing specific site plan information for use and evaluation by the lead agency in issuing a determination of significance." It is respectfiflly submitted that this is not an appropriate approach to a change of zone application pursuant to your Zoning Code and the Town Law'. If you were to grant the requested Change of Zone, the use and structures permitted thereby (B Business) could be constructed as of right. A review at that future date might have some value but no matter how adverse the impacts such a review would not preclude either the use or structures. It is my opinion that the proper basis for reviexv is to assume the maximum permitted build out as pemaitted by the requested Zoning (B Business)_ This analysis should consider both pemfitted uses and structures. Such a review would provide your Town Board Page 2 of 2 August 15, 1997 Board with the necessary information to further consider the impacts of the proposed change. If the Petitioners' wish to stipulate (as a mitigation measure) that the land adjacent to my clients' land would remain vacant and used for parking, the appropriate vehicle for that stipulation is a covenant and restriction rurming in favor of the Town and the Szczesnys. Such a covenant should address the following matters: the maximum build out envelope for the proposed parking, the composition and maintenance standards for the parking lot, set backs from the residential zoned properties, fencing, landscaped buffers, drainage (especially as it affects the Town Highway and adjoining properties), curb cuts, indirect illumination and hours of operation. I thank you for your consideration of the above. Please list me as an interested party to the SEQRA review of this action. Please also provide me with the notice of hearings and/or meetings relative to this Petition. Very truly yours, Allen M. Smith AMS:ked Cc: Mr. and Mrs. David R. Szczesny Jennifer B. Gould, Esq. Chic Voorhis, P.E. <. RECEIVED ~131~ 19 1997 7Y~ ;_~ le9-/'~ ,'s /2~,',',;b ~J~ ; /"l~c-'~'' ,",.~J ~-:..:.:.-',~'~0~ ~ /~ ~c~},~ / o~ ~~','~,c. All /~Ojl~ ~ OF ~'~ ..~ '~ /. .~ z.~.'~ "' / ..: /;~:~,',Oc;_~ ~oto,'.-~O cot oFF ~.~-,'~. ,, ~ ~. ~.~-~ ..' -}.:'c 'cu,~'q~qff. ~sG ,,~'-;~ ~ee?,.7 ,. ,~ ~I' '~ ~ / /~ . Frank Murphy P.O. Box 84 Mattituck, N.Y. 11952 August 14, 1997 Supervisor Cochran Town Hall Main Road Southold, N.Y. 11971 Dear Supervisor Cochran: It is with great dismay that I have read about the difficulties Dick Mullen is enduring and I strongly urge you and the Town Board members to allow him to obtain the zone change he is seeking. For many, many year~ Dick, and his father before him, has been a vibrant community minded citizen. His business is so well organized and administered that he has received national recognition. He was born and brought up here in Southold and chose to do the same with his children and they with his grand- children. There is absolutely no reason to assume he will do anything to harm the future of these people or of any citizen of this town. The accounts I have read and the comments I have heard seem to accuse him of cutting down trees, which he did not do. It appears that he is being held responsible for some mischief that has occurred behind some neighboring stores which makes no sense at all. Finally, insinuations are being cast about that if he receives this zone change the hamlet will suffer. On the contrary, I am confident that the hamlet and, in fact, the entire town will benefit. Again, I strongly urge you and the Town Board, without reservation, to expedite this zone change for Dick Mullen. yours, hy FM/cr RECEIVED AUg I 1997 · ~)Ut~oId Tn'~,n f'l~rL Carol Chilton Melly 945 Hobart Road Southold, NY 11971 August 12, 1997 Ms. Judith Terry - Town Clerk Southold Town Hall Main Road Southold, NY 11971 Dear Ms. Terry, 1 am writing in regard to the broadening of the Business Zoning in the area behind Colonial Comers. I feel changing the zoning would be a mistake as it borders, in my opinion, one of the nicest areas in our community. I have lived in Southold Town tbr over 25 years, I attended Southold Schools and am raising a family of my own here. We purchased our own home, a little over a year ago specifically in the Southold Town area because I admired the look and feel of the surrounding properties. I chose my development for its diversity of well maintained homes, as well as the shade trees that line the streets and surrounding areas. I had no desire to live in one of the new housing developments as they are lacking in the beauty that such trees provide to a community. Colonial Comers was built in keeping with the character of the area, its quaint look and use of natural stone, rather than pavement in the parking area are an asset to the surrounding businesses. The homes whmh boarder this area are not made to feel as if they are living next to a mall in Middle Island. There are also no parking backups created by Colonial Comers. We seem to be at a point in our community where if you have the right people in your comer you can get many things accomplished which help preserve the character of a community. Of course this goes both ways, I wonder if Mr. Mullen or Rich would be as eager to proceed with this enlargement if the property along side the sight was their own backyard? I do not in any way hold adverse feelings towards the Mullens, they are a well established business and an important part of our community, but on the same hand I chose to live in my community for its charming quality as well as the small town neighborhood feeling it creates. There are already too many empty commercial properties in Southold Town, encroachment on the residential communities to expand business is unnecessary_. Please help us to maintain the feeling that makes our community a place where are proud to live and raise our children. Hesitate and think before allowing changes to be made that will not benefit the residents who live m the surrounding area_ Our community is at stake, and I for one hope to preserve it as it as. Thank you for your time and consideration. Sincerely, a~rol Chilton Melly ~ Gerard Goehringer - Zorang Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Carol Chilton Melly 945 Hobart Road ---.~_Southoid, NY 11971 A~ii'2~.- 1-997 Dear Mr_ Goehnnger, I am writing in regard to the broadening of the Business Zoning in the area behind Colonial Comers. I feel changing the zoning would be a mistake as it borders, in my opinion, one of the nicest areas in our community. I have lived in Southold Town for over 25 years, I attended Southold Schools and am m/sing a fhmily of my own here. We purchased our own home, a little over a year ago specifically in the Southold Town area because I admired the look and feel of the surrounding properties. I chose my development for its diversity of well maintained homes, as well as the shade trees that line the streets and surrounding areas. I had no desire to live in one of the new housing developments as they are lacking in the beauty that such trees provide to a community.. Colonial Comers was built in keeping with the character of the area, its quaint look and use of natural stone, rather than pavement in the parking area are an asset to the surrounding businesses. The homes which boarder this area are not made to feel as if they are living next to a mall in Middle Island. There are also no parking backups created by Colonial Comers. We seem to be at a point in our community where if you have the right people in your comer you can get many things accomplished which help preserve the character of a community. Of course this goes both ways, I wonder if Mr. Mullen or Rich would be as eager to proceed with this enlargement if the property along side the sight was their own backyard? I do not in any way hold adverse feelings towards the Mullens, they are a well estabhshed business and an important part of our community, but on the same hand I chose to live m my community for its charming quality as well as the small town neighborhood feeling it creates. There are already too many empty commercial properties in Southold Town, encroachment on the residential commumties to expand business is unnecessary. Please help us to maintain the feeling that makes our community a place where are proud to live and raise our children. Hesitate and think before allowing changes to be made that Wql not benefit the residents who live in the surrounding area. Our cominumty is at stake, and I for one hope to preserve it as it as_ Thank you for your time and consideration. Sincerely, Carol Chilton Melly Aug-18-97 09:42A Times/~qview New$corp SE~T BY:Kh"~OS ; .5-97 ; 18:28 Times 5162gAS725 KINKOS N.Y. 1,~ ~ (5 ] 6) 298-3257 2~83287; ~ PAVE PARADISE AND PUT IN PARKING LOT "I~ide~ oi' Sm-il Hiatoric ~muthold Ton oppaae Car Dcalerahip expansion" Th~r~ is much conr. rove~ay in d~ Hi~todc Town of Southold, Long Island (E~.. 1640), ov~ thc rece~ appl~ea*ion by Mullen Motors car dealership m commerci~y zone two parcelz of L~d. MuUen Motors wants thc Colonial Comcra ptor~ a c.~uster of'old homes which house small businesses (qum~let zone), along v~th the plot (2rcsiclenti~ ~one) directly behind it~ to be commprci~ zoned SO they fBa. y cl~a~ the land ,nd use it a~ a _ua~king lot fo~ thek ca~ dmdemhip. The Mulleu Motol~ business is cul-~eu~ly in violation of a numb~ of zunu site plan regul~{~o~, y= Lm s~:kiug to obuiin additional pa~cuis o£1a~d for commerc~a{ use. Even more uoub{ing to town re,-id~ul.m ia thru mr.~! FuIlin8 of (6-8) his~ic..aJ t~e~.~ un the r~ident~a{ly zoned parc~unde~ applic~on. Ndaon, Pop~ & Vooitiim, th~ indep=nd:nt cou~uany r-.onirac~ed lo ~,~m the env{runmenual i~mpact of domain zoning a~:ed ]k~l~en ~'viotol'~ lh~ough an EAF qum,-tionna~u ifih~-e would b~ removal of{my maUn-e (over 100 years old) l~ees. Mullens' reply was NO} This questionnaire wa~ re¢:ved by ~lm $ou~hold Town Board Sul~ 9, 1997; the I~¢¢s were cut down ,nd bulldozed less than 3 business days }amt. Nei~he~ L{{co, who "ll'~mmmd" lhe uee. s, nor Aspluudh, an indquendent u'~ removal company, a~e abk~ to provide iuformalion aa to who gave the- urd~r to down th~=~ historinaJ ~e~a. Th~ property ov~l~, A{]:~t AlbeHmou 5r., curr~miy ~¢sid~ng iu Florida, has give~ uo public cm~ut. Tlme Southo{d Towu Boa_rd wa~ c~n~'onted vv~th ~h~ L~ at a x~uhu- Town Board ]Vie~t{ug August fib {md was unable to provide au,/con~teut aumv~'{. ~den~s who depend upon th~ pub{ic a~cesm tapiug of th~ Southold Town l~l~in_~ tO ~ ~ OftO~;~ i3.,~U~ w~'e U.n~,ble to watch this P.O1 1/ ~ amadm:~ic la~ th~n t~ b~w~ mgul~in~ cummcmial 2 Rc~icl~tial m~ ~m~d.~ ~ ~thm ~ z~. Auq-18-97 09:42A Ti'-~-s/Review Newscorp -~62985725 SENT BY:KINi<OS ; 8-1.~-87 ; 18:23 : KILOS 12-, P. 02 298328?:# 2/ 2 meeting when it did not air on ~annet 2'/at the. usmd Friday night 11pm dot. l~dmt~ who contacted Cablevision were told there had been a redden scheduling change and that in the future there would only be a Friday 5pm iiirius. ('Previously, the $outhold Town mcefinSs were ~ired ever3, Friday and Wednesday at Spin & 1 lpm on Cablcvision t~ublic Access c~c/27). In addition to these concerns, local residents object to their residauiid roads (approx. 33' in width as opposed to ibc standard S0' tbr commercial traffic) bein8 used r, atce deliveries to Mullen Motors. In further attemptS ~ establish property lines on the comer o~' Lo,st l.an¢ and Kom Road, worn away by hear,/traffic, the tow~ hoard di~alched a su~-yor to submit an accurate and im?artild assessll~nt. Il/hell r.~ ~ alxiyed on the site, he was -,~hte to produce it New York State license, required by law to submit an aasessm,nt, lie admitted he had no such license. The sureeyor is also cartendy employed by th~ town highwa¥ department, el~nrly a conflict of interest. Although numerous zone and town meetings have bc~n held, ti~ Southold Town Board has be~n unable to obtain, and providc answers as to who is accotmlable for the tree rollins, mad infraction.s, site plan violations, and the sobseqtlent pennllies for the~ It~iolls. Irt rite meantime, thc local renidems e..ollti~e to pursue the [e~,al, historical, envifonmsnLa[, slid ethical coltcerlls of tile comrm,nky. The next Sonthold Town Board Met. tin[ ia Tneedwy An[ttst 19th at ?:$0PM. *'Attendsnce is vital this election year~' For further Sonthold Town Roard Me~tin~ schedule infarmatiom o~' tn ex'press concerns contact: Town Supervisor - Jenn Cochran at (-ql6) RAYMOND L. JACOBS Supenntendenl Highway Depadment Town of Southold Peconic Lane Peconic, N.Y. 11958 RECEIVED ,U8 1 4 1997 So.t~old To,un Clerl~ August 14, 1997 To: From; Re: Southold Town Board Members Raymond L. Jacobs Nancy Zito August !2 letter Paving and Parking Signs Tel. 765-3140 -734-5211 The area on Locust Lane referred to in Ms. Zito's letter was a necessary patching repair as a wa~ermain had been installed for a new house on the east side of the road. Nitnin time the watermain settles and the section must be repatched. The entire area in question will be repaved in the near future as the residents obj¢:ct- lng to the repair were informed. The "No Parking" signs were requested by Ms. Soto (owner of the above mentioned new home). The distance was extended because people will park just beyond the limit if the distance is too short. I did not want to create a problem south of the area. If the Board wishes to shorten the three hundred-ninety feet (390'), I do not have a problem with it. Su~e~Ctntandent ~ghways RAYMOND L. JACOBS SUPERINTENDENT $OUTROLO TOWN HIGHWAY OEP,M~,TMENT Fax. (516) - 765 - 1750 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD Tel 1516) - 765 - 3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Mr. Rayrnond L. Jacobs Superintendent o f Highways Town of Southold August 12, 1997 Re- LOCUST LANE, Southold, N Y. The information and details contained in this report concerns an incident that occurred on Friday 8/8/97 and a t~x that was sent to the Highway Office on Monday 8/11/97. At approximately 12:45 p.m. on 8/8/97, Michael Gaydosik informed me that my presence would be needed on Locust Lane in Southold to verify property line locations. When I arrived, several . Police Officers and Residents of the area were involved in what appeared to be a confrontational discussion_ Mr. Gaydosik, along with a crew of Highway Personnel had recently Hot Patched an area of the road shoulder along Locust Lane where a new water main had been installed. The asphalt patch that had been installed over the water mare trench was very, irregular and considered unacceptable by Town Standards. Nh:. Gaydosik and his crew were instructed to hot patch the area because the road has been scheduled for resurfacing in the very near future. Mrs. Nancy Zito owns one of the homes adjacent to the area that was patched by Mr. Gaydosik and his crew. A major portion of the road shoulder in front of Mrs. Zito's home had previously been paved (+/. t5 ye~ ~o) at the homeowners request to allow for parking on the side of the street. This paved area does in fact extend into her property several feet but the majority of the existing pavement to the east side of what would be considered the travel lane of the road is still on Town Property. I tried to explain to Mrs. Zito on Friday that the riOt-of-way or property line for the street and her home were not the same as the edge of pavement for the traveled roadway. Concrete survey markers could not be found on the east side of the road. One marker was found on the west side directly opposite Mrs. Zito's driveway. When [ measured for the thirty-three (33') feet Ithi, i, ,he width of the righ,.-of-way for Lo~, Lane) across the road it fell directly in line with a new fence that has been installed on the neighboring property to the north. The Hot Patch Asphalt that was placed by the Highway Crew on the morning of 8/8/97 appeared to encroach right up to the above referenced fence line. The asphalt patch placed by the highway crew would appear to be entirely on Town Property if the fence line to the north was accurately installed on the property line. It will require the services of a licensed surveyor to verify the location of the property line in question. The placement of concrete survey monuments at the comers of Mrs. Zito's property would allow all part/es involved to see what is or is not within the Town Right- of-way. M.r. Raymond L. Jacobs Superintendent of Highways Page 2 of 2 LOCUST LANE, Southold, N.Y. When I arrived at this location on Friday, it was apparent that some of the residents fi.om the area had removed a portion of the new asphalt patch. Mrs. Zito's letter to Mr. Jacobs indicated that 21 inches of her property had been reclaimed by the removal of this asphalt. The area where the asphalt was removed appears to be generally, if not totally, within the Town Right-of-way. The letter also stated that "Without measuring an inch of land, they told us we were destroying Town Property." I personally took field measurements, during that encounter, firom the only survey monument found in the area (as described above) and informed the police of my findings. Mrs. Zito's letter also references the return of Mr. Gaydosik and Ns Highway crew It states that by "stretcl-fing a string they discovered that the macadam had indeed gone .~st the line onto my property. The Highway Dept_ Then fimshed the job we had started." The only reason for the string being used was to provide a straight line. This was done at my direction in an effort to try. and salvage the remainder of the work that was partially destroyed by their efforts. The letter to Mr. Jacobs also noted that "2 beverage trucks swung around the corner of Locust and Kora making it necessary, for police officers and highway workers to move their vehicles and pedestrians to get off the street and onto the nearest residential property_" As I remember it, the vehicles that needed to be moved were in the middle of the street and I don't k. now too many people who like to stand in the middle ora road when a truck o__r a car is heading in your direction. The Mullen Motors car carnet that had to back up and try. again did so because ora police car that was parked on the coraer. On Tuesday morning, 8/l 2/97, I contacted Mrs. Zito by telephone to discuss the situation ftml'~er. I inlbrmed her that the San. ford sisters had requested (o, ~hc mo~ni,~ of ~n m?) that the asphalt shoulder in fi.om of Nancy's home be removed and replaced with topsoil and grass seed. Nancy then confmmed my suspicion that this action would not be acceptable to her. She also stated that the San.ford sisters were the ones who wrote the letter to Mr. Jacobs and that it was not her idea to dig up the asphalt hot patch that had been placed by highway crews. The request for "NO COMMERCIAL TRAFFIC" to be posted in the area would create a litany of problems. How do you define a difference between delivery trucks servicing the 7-11 and Mullen Motors fi.om delivery, trucks that would be making deliveries to the residenti,d hornes in the area? Town roads ,typically provide for public access to private properties. The idea or concept that you can restrict the type of vehicle fi.om using public right-of-ways wall need to be addressed with the Town Attorneys Office_ ~erelv, ,- .,///James A. Richter, R.A_ DATE AUGUST 11, 1997 To: ~R. RAY JACOBS Phone': 765-3140 Fax: 765-1823 SUPERVISOR OF HIGHWAYS C.C. J,~AN COCSiR_~DI r- TOWN SUPERV-iSOR JUDI TH T~RY TO'~ ~L~ ED FO~ST~ -- BUILDING DEPT. G~RD GO~!NG~R -- ZONING DEPT. From: NANCY ZZTO LOCUST ~E SOU~-LOD, 765-3985 11971 _~: HIGHWAY DEP.~RTME~:T'S UNAUTHORIZED PAVING OF ZITO PROP'~.XRTY AUGUST 8th 1997 Mr. Ray Jacobs Supervisor ef Highways South.~ld Tow~u Hall Main Road South~ld, NY 11971 Dear Mr. Jacobs, Au~-ust lOth, 1997 I would like t~ bring t~ your attention an incidemt that happened Au,~ust 8t~, 1997 coucernim~ the Highway Dept. and the front ~f my property. C~ming heme at 12:30 ~4, I discovered macadam.freshly rolled over the edge of my property, line. The Highway Dept. meyer set pe?missiou f~m me to do this job. They spoke wfth my ~enant Thursday, August 7th and even asked her to m~ve her car. On Friday August 8th at 9:30 ~M, they came back ts d~ more work on my property. But the Highway Dept. never got permission from me -- the homeowner. On Friday, August 8th at 1:00 ~4 I was chipping the unzmthorized macadam back to mi property line, when Richie Mullen came by an~ snapped my photo. (What interest does Richie Mulleu have in the South West corner of my prgperty?). Five minutes later, Detective Joe Conway arrived, respeu~in~ to a call. (%~o coul~ have placed that call an~ .why?). My neighbors, Julie an8 MelanJe Sanferd wer~ p~esent I aske~ them"to come uo and giv~ me~hao.~ ~-' . · _ . ~,~ fi. et Joe Conway's request, we stopped removal ef the unauthorize~ macadam. in the meantime, 3 ether officers arrived at the scene: !,t. Cochran, S~t. Sinning and Officer Mehli. Without measuring an ineh of land, they told us we were destroying Tew~ property. The po]3~e then called the Highway Dept. and ~ personnel -- including'Supervisor of Hishway operations Michael A~aschik -- arrive~. It w~s agreed that a s~ring be stretched across the edge ef my properS?' t~ find the correct property line. Supervisor Adaschik and a fellow worker stretched the strin= to -2- discover that the macadam had indeed gone past the line onto my property. The Highway Dept. then finished the job we had started An ax was brought out to chop the macadam and a worker shoveled it into the back of the truck. Between the Highway Dept. and we 3 women, 21 inches of unauthorized macadam was removed from a 90 foot expanse that filled one gs_rbage can and two 60 lb. plastic buckets. A considerable amount of my property was r~claimed -- 21 inches -- I'M GI~ I STOOD MY GROUND. Also, I am very concerned about the high amount of commercial traffic ou our resident!al streets, it'~ frightening -- what it's doin~ to our roads, wha~ it's doing to our safety, what it's doing to our lives. Du~ing this incident, 2 beverage trucks swung around the corner of Locust and Koru making it necessary for police officers and highway workers to move their vehicles and pedestrians to get off the street and onto the ne=__-est res- idential property. Lt. Cochran, Sgt. Sinning and others were eye-witnesses to the Mu!leu Motors Car Carrier coming up Eom Road and making a left emro Cottage Place. It could mot make the turn in eno swing. The Carrier backed up and tried again ...eh a residential street! We pointed out the r~ceding property line at the corner of Koru and Locust where tractor trailer tru~'.<s have worn away the land. Melanie Sau~ord showed Det. Joe Couway where the original street post for Koru and Locust snapped off leavimg a metal stump. The sign post which once stood on the corner of the property, is now a remnant embedded 2 feet into the street. ~ge need these unac- ceptable traffic and road conditions addressed. Also, during the incident a commercial truck stopped on the west side of Locust Lane and made a delivery at the local Seven-Eleven. As you well know, the Highway Dept. posted signs July 24th reading "NO STOPPING AT A~ T~". The To,~n Board passed this local law prohibitin~ stopping 390 feet alon$ Locust from the Hain Road to Koru and yet...no ticket was issued t~ this truck. The neighborhood can no longer tolerate this kind of abuse. Heavy commercial traffic does not belon~ o~residential streets. We believe road si~ns reading "NO COMME~RCI.iL TPu~?IC" posted between Hobart Road and Locust La~e wmuld resolve this problem. We have brought this serious problem to the attention of the Town Board both by letters'and at Town Hall meetings, if any injuries or fatalities occur, the Town could be liable. Nancy Z~o Supe~zis~r Jean Cochran 'Judith Terry--To,wa Clerk Ed Forrester--Buildin= Dept. Gerard Geehringer--Zonin= Board .~ Supervisor Je_n Cochran Seutheld Town Clerk Judith Terry Seutheld Bldg. Dept. Attu: Ed Forrester Chairman Z.B.A. Gerard G0ehringer Town Attorney Zaury~Dowd Superintendent ef Hishway Dept. Ray Jacobs To Southsld Town Beard, August 12, 1997 This is to notify beth. Highway Dept. and Tow~ Board, that I have~ sec?red a sdrveyor to measure and establish mt west propery line~ in the meantime, no paving, is to be dcue em ~r near m7 property.._ The "puddle patching" is a little overdone, it is an excessive and unnecessary reinforcement, for resident!al traffic. Nc one on this street requested this extensive work. We have never seen this done before. Please remove this offensive mess. Additionally the No Parking sigr. s were never needed or reouested beyond the Soto's and Lucey properties. The ~?o Parking signs were meant only to address the clogged entrance to our street. Please remove the Mo Parking sign from the southwest corner of my property. Sincerely, ~rancy~ P.S. Please find two photos depictinE the unnecessary indentation of macadar, into the right of way. ?~y all this disrespect in the name of "patching puddles"? NOTE: ~eighb-ors unpaved grassy right of way. '"~-- al! thi sudd=~ att=~ -o U~LY ,,-~ s ..... ~_c~. - THICK - U%UE~E~[ - BLOB - not wo_~s to describe ~ ~ d_=__ou__n= blunder. P~AS~ R~!OV~ Southold, NY August 12, 1997 RECEIVED AUI] 1 4 19c)7 Sout~ld Town Cle~ Regarding one of Mullen Motors' site violations: We wish to see the insurance company's communication to Mullen Motors stating that grass in front of their building, in accordance with the site plan, would be a liability. [] SUPERVISOR JEAN COCHRAN  S OUTHOLD TOWN CLERK JUDITH TERRY SOUTHOLD TOWN BLDG. DEPT. ATTN: ED FORRESTER [] CHAIRMAN ZBA GERARD GOEHRINGER [] TOWN ATTORNEY LAURY L. DOWD R~chard fi. Wimcm Registered .Moflgage Broker N.Y.S. Bank/rig Depanmem Richard A. Winters Mortgage Finance Consultants and Brokers (516) 765-5214 FA~X (516) 765-1226 AUgUSt 13, 1997 ?.O. Box 335 Fhm Texize Bldg. 2nd Floor Main Rd, Southolc[ N.Y. 11971 Jean Cochran Supervisor Town of Southold Main Road Southold, N.Y. 11971 RE: Mullen Motors Dear Jean, This letter is, of course, intended for the entire Board and is in general support of the Richard Mullen request for zoning change. Wouldn't it be nice if all residential property was lccated at one end of the town and all commercial property located at the other end with farmland imbetween! Unfortunately, that's not the real wcrld and we are going to have conflicts, as our town continues to grow. And grow it will. Change is accelerating as those people that can'~ stand the South Fork begin to find us. Zoning is great and I think we have done a pretty good job with it. It is not perfect however and will require adjustment over time. It can't be avoided. Reasonable compromise between what we would like to see and what we need, or are forced into, will be unavoidable. As to the Mullen request for a zoning change, I support a chan~e to the vacant parcel to the rear of Colonial Corner. (The "tree" piece With no access onto Locust Lane and with proper landscaping (screening) I see minimal impact to the adjoining residential area. It may not be the most desirable utility for the parcel but Mullen needs to grow also. He can't go anywhere else. I'm sure you have heard, over and over, about Mullen being a good neighbor, good employer, etc. etc. All of that, I support as valid. Mullen needs some slack to grow. And grow he will. As for Colonial Corner, Mullen says he isn't changing its utility. He intends to leave it as it is. Assuming the current use is a legal use, there is no need to change it. If there has to be a change at some future date, it can then be considered. Sounds like a compromise to me. RAW/sram Very truly yours, RiChter. Winters August 12, 1997 rst]-dwne l alty Superv/sor Jean Cochran Town Of Southold Southold, NY 11971 RE: Dick Mullin Dear Jean, I have read and heard about the controversy surrounding Dick Mull/ns' "tree-gate" problem. It certainly seems to me to have created a life of its own where there should not be any life at all. Any change on that property is going to be for the better, rm sure the Planning Board is going to require landscaping of the perimeter area. It will end up looking a lot better than it did. We all know what an asset Dick and his business have been to this town, his operation is first rate and it is one of which we are all proud. Plebe don't let the political beat of the moment affect the decision making process for what is fight and correct for the Town and Mullin Motors. Respectfully submitted, Lewis L. Edson MAIN ROAD · I~OX 1526 5OUTHOLD. NEW YORK 11971 ,516) 765-2288 - F.%K. (516)765-2607 LEVIS EDSON L:C~N~E~ BROKE~ MAIN ROAD - BOX 516 [_~TCHOt~L E. NE\V YORK 11935 ,5161 734-6687 · F,~Y.: i 5163 734-6599 John J. Nicldes P.O. Box 56 Southold, New York 11971 516-765-2514 August 10, 1997 The Honorable Jean Cochrane Supervisor, Southold Town Main Road, Southold New York 11971 Dear Jean: I wanted to let you know that I hope that you and the Board will give favorable consideration to the application of Richard and William Mullen for the change of zone fi-om Hamlet Business to General Business. There are many uses allowed under its current business designation that would be less benign than a parking lot for employees and new and used cars. It also seems to me that tins proposed use would be a better transition fi-om the business zone to the adjacent residential area. Furthermore, a t~nced area for parking of vehicles would bring to a close some of the gathering of young people and the resultant litter and other activities that disturb the peace and quite of the evening. In addition, if we want to maintain the vitality of the Main Street Business area we should encourage the growth of the existing business' and not force them to move to the North Road; especially, a family business that has been a good neighbor and part of the Mare Street scene for three generations_ P.S. For the record I have no interest direct or indirect in the sale of this property to the applicants. Supervis,~r Jean Cochran Southold Town Clerk Judith Terry Southold B!~g. Dept. Attn: Ed Forrester 'Uhairmau Z.B.A. Gerard Geehriuger Town Attorney Laury'Dowd Superintendent of ~ighway Dept. Ray Jacobs To Seuthold Town Board, .&ugust 12, 1997 RECEIVED AUG 1 1991 Soulhold To,.m ~ This is to notify both Highway Dept. and Town Board, that I have secured m surveyor to measure and establish my west propery line. In the meantime, no paving is to be done om or near my property. The "puddle patching" is a little o~Terdone. It is an excessive and unnecessary reinforcement for residential traffic. No one on this street requested -this extensive work. We have never seen this done before. Please remove this offensive mess. Additionally the No Parking signs were never nseded or requested beyond the Soto's and Lucey properties. The No Parking signs were meant only to address the clogged entrance to our street. ?lease remove the No Parking sign from the southwest corner of my property. Sincerely, /. Nanc~ gi~o P.S. Please find two photos depicting the unnecessary indentatdon of macadam into th~ right of way. ~y all this ~isrespect in the name of "patching puddles"? NOTE: Neighbors unpaved grassy right of way. ~y all this ~udden attention? UGLY - THICK - UNEVEN - BLOB - not enough words to de.~cribe this disfiguring blunder. PLEASE REMOVE. RECEIVE~ AU~ 1 3 1997 Southold Town Clerk CoX request for a zone change. ·. A_According lq Lrmtst Avenue residents, "Tree Cutti,,g Angers 4outhOld ., AUto Dealer's Neighbors ' ~ ' '" ~inued this past week, with residents atlencling SmJtli01d citizens who are protesting the ex'pan- By Michael P. Cofiroy . -. ':: ~ the. town's Planning Board mcetifig to demand sion, 'Mulleu Motors h~ allegedly ~iolate'~-- The contsoversy over the expansion of the Southold Town Board dan~' the dealership's ag3'eements it made with the town in order to gain appioval for the project. -.?~ "Due reported violation, ~aid town officials, Mallen Molom and its decision, to cut down h-ces local residents are calling "historic" con- FIGHT FOR THE TREES----Area residents are protesting the cutting down of these trees along Locust Avunue for the expansion of the Mullen Motors Auto Dealership. (NF XI21F) could be the cutting of t~ee limbs of two trees along Locust Avenue. The town is currently 'inv&stigating whether the cutting 'of the t~ees wa~ legal. The Mullan family de~ies cutting the ' ' h ioc dbnp ~ The t~ees; Whic are ate mperty the Mu~e' u~o ~y is under coat]act to purchase, 'are expected to be removed in the future in ~m ~:lf.~Ler for the dealership to be able to build addi- _.? ~ ,~g, wkich ~ffe owners of the organi--" ~ zat~on say ~s needed. : ~:' ~/ The dealership owne~ are requesting that · ' i ~--~.~1~ the property, which is currently zoned for rest- '. ' .,..~ dential use and Hamlet BusineSs, be changed to General Business B, so that the dealership could 5~'~ ~. 7 be expanded. The Town Board had planned to :;~' :" grant the application for a change of zone after an initial request for an Environmental Impact Study (ELS) showed there w~ no threat to the environment..Hqwever, in l/ght of..Jhe ~ce cut- ting, .the board ts once agmn revie',mng the · apDlicati~n process. ~- The residents of I..ou~st Avenue are asking the town to deny the change of zone applica- tion, stating that further continuation of the deale~kip's expansion plans would be detri-- 'mental to surrounding businesses and reslde--~n- See page 20 Tree Cutting... From page 3 Hal dwellings. · The Mullen family, which has been oper- e ating its dealership in the Town of Southold for :l over 70 years, said the con~xoversy is not about F thc flees, and thc ms/dents axe blaming thc ~ dealership for traffic and safety concerns. Prob- lems, it said, that have been growing from other ! businesses. The $outhold Town Boa.rd has yet to make a detcnnina~oo on what it will require the Mullan family to do. If an EIS or equivalent document is m:tuim:l, the process could be put on hold for several months or years_ The board is expected to make its final determination sometime, in the next two weeks. rs "The Ed ¥or Let the Rea'der'Decide Editor: Providing respectable leadership as a Village Trustee is importanh as is rectifying misguided infor- mation to ensure public knowledge of the fact~. Re- garding Michael DeMaria's article, "Unofficial Vii- lage Web" (lt~tern~t Website Causes Stir), consider these statements printed without fact, using authored right to free speeches. %.it supports Trustee Barbara Heaney. The unofficial nature of the newsletter is clear." "...leaning in one direction which makes the validiiT of any information suspect." "...garbage, nega- ire and inaccurate." This unofficial website is free information, avail- hie only to those who choose to look it up on the aernet. Why speak negatively of a free enterprise · hen no one is obliga{ed to use it? The website is authored using the right of free ,eech. Let the reader decide if these facts are nega- ,'e anti/or inaccurate. Better yet, everyone should ake it their busihess to attend the Village Board eetings and see for themselves! As far as "the nature of the newsletter being clear," u are implying a link between me and the website. ,t only am I not involved in it in any way, but the fique being used is as accurate as the author per- yes it. Sugar-coating and fancy speeches on sensi- -~ issues does not justify dictatorial leadership or 'th/cai dealings! Sometimes shedding Iight on pain- fuI truths regarding elected officials is necessary fc;r the public. Let the Freedom Amendments work for ail. Let's face it -- the Unofficial Website is not ma- -nipulated or controlled by any public official. No ne'~ s- paper gains monetarily from the information of the websi/e. Perhaps the nature is clear - the problems the website presents the Village--Board and local papers! Barbara Heaney Greenport Consider Local Homeowners · Ea~tor: I am writing this letter in regards to the situation that has recently occurred within the Colonial Comer? Mullen Motors area. Daniel and [ purchased our Town Harbor Lane home two years ago, We moved from 1865 Youngs Avenue specifically to avoid the traffic and light business zoning laws that ','.'ere in effect for that area. T~he fact that beautiful trees were cut down (what an eye-sore!) on a private, residential street t~ make wa~ for yet another MTqlen Io~ concerns us tre- .m.endously. As it stands, the neighborhood b.a.s b~n extremely tolerant of Mullen and thesr test drivers us- ~ our road. If the5,' need more space they should t~ink about re-locatifi~. - ' I have been teaching in the Southold School Dis-~ ~,.., trict for twelve years. I am cun-ently teaching fourth .~ grade, and with its focus on local history, find myself . -- Continued on Next P'age '~ Letters · continued ~o. Preceding Page - speaking with passion and pride about neighborhoods such as ours. If you allow this to happen.you will com,- promise the mte"'"'-~rity and uniqueness of this wonder- 'ful' area. ~- Please consider the Feelings of the local homeowners ;','hen deciding the adoptions to hamlet business dis- tricts for 1997. Thank you for your consideration. ~ ',.I "o ~ h.'~ Lucille Jones ~aw~ i ~-~'¢'7/l.~.'~,jQS:FI ~= 't'v-~,~$ - Southold In Defense of Mullen Motor~'~~_~ Editor:' While it takes several decades to build a reputation and gain the respect that Mullen Motors has accomg,, plished, it's unfortunate that in only.several moments of questioning in the press, irr_evocab!e damage can ~uO~eCCUr to destro3' that same integrity. ' ~_.~Vhat is the BIG FUSS about? Remov.al of a fey,, nded anddiseased trees that have nearly reache~d their IWe expectancy? Agreed, trees add much to the beautyof our community and environment, but the trees in question are a far cry from being a rare asset within the town. What is rare. however, are the family roots, stren~h, nurturing and the type of business that has been per- petuated by the Mullen family for more than 70 years. As his father did, Dick IVlullen has encouraged his fam- ily to provide the same distinguished sen'ices that his fam/Iy has been doing for many decades. As a busi- ness owner and employer, he has gained the highest respect from his customers and employees for his hon- esty and humility. Youth is the unquestionable strength and hope of our town's furore. Hopefully, the town will realize that this future lies in the opportunities that are given the next generation through business employment such as Mullen M'otors offers. Encouraging the next younger generations of Mullens to live and work in Southold, while employing other Southolders, is the brightest and healthiest aspect of our town's future. I know the Town Board and Planning Board will do what is best for our town by giving serious consid- eration to their charge by requiring proper screening between the commercial and residential areas, while allowing this import.ant business to grow. Also, cor- recting the existing safety problem with the traffic con= gestion on Cottage Place, can only be beneficial for our town. Hopefully, when all is said and done, Mr. Mullen's business will be accommodated with s~fer additional parking and the neighbors on both Cottage Place and Locust Lane will be placated with less congestion through the proper planning process. John A. Costello ~ Greenport, NY Publisher's Note: In his overgealous haste to com"~'~e to the defense of his friend Dick Mullen, former Greenport truslee, John Costello, obviously miscon- strued some of the press accounts of LILCO's overtrimming of some Southold trees. With thispub. lication, it was never a question of intpugning the integriO, or reputation of the J}lullen fantily or Dick Mullen. The l~[ullen's excellent reputation as a ~outhold merchant from the day of the "~}lodel T Ford" (oopsO speaks for itself. -Getting the HUD Story Straight Editor: This is being written to correct information that was reported in the 7/31/97 article "Greenport HUD Funds in Jeopard)'." ' I. The Village of Greenport Housing Authority has never received funding from the Greenport Commu- nit3' Development Department's small cities grants that have been "frozen" by HUD since 1993. The Village of Greenport Housing Authority is a separate legal .entity from the Greenport Community Development Department which is part of the Village government. Its funding, including administration, comes usually · from HUD's O£fice of Public Hearing. 2. The Village of Greenport Housing Authority was never "investigated" by HUD and in fact has no con- nection with either the Small Cities Grants Program nor the Office of Community Planning and Develop- ment which monitors the Community Development Department. The current. Community Development Department problems came to light in September, 1993 as a result of an annual monitoring that HUD's Office of Community Planning and Development conducts in regard to its SmalI Cities Grants which the Commu- nity D.evelopment Department h~.s received for more · than a decade. 3. The Village of Greenport Housing Authority h~s never had its funding cut or frozen. Since the earl5' 19.80s, the VGHA has continuously received funding for its programs as well as administration. 4. The Village of Greenport Housing Authority has no "conflict" with HUD. In fact, the VGHA has an excellent working relationship with the Office of Pub- lic Hearing which monitors the VGHA as well as pro- rides its funding. Thank you for the opportunity to clariS' these points ~,nd set the record straight. Richard L. Caggiano Acting Program Director Village of Greenport Housing Authority MUlling' Mullen's ClaSh over trees 'and car lot Plans. still ..... swamer ng .... By Tim Kelly SOUTHOLD--Residents opposing Mullen Motors' request for the zone change negded for the dealership to ex- panding its parking area continued'to· press their casi again this week,_ follow- lng up last week's appearance before the Town Board by turning out for Monday's Planning Board work session. The Locust Avenue area resid~nts ch~rge~ the clealersntp with violating ~e. terms of past town approvals, such a~hose covering the construction of ~o concrete car-display pads in front of. . ~ ~howroom '[l~e pla. nnin.e pan~'~-l) ~_~¢rs listened, but took no aetinn../ - "-'T~-n a~ ~levelopment, Scull{cid Highway Superintendent Ray=Jacob__s ~l~orted this week that two of the tre~es ' recently cat down on the lot Mullen Motors hope to use for paxking appe_ar to be ri~at on the line of the town's ri~_ht ~ ~d as such the trees may ha?._e been removed illega.U.y. _ ' - That, me sulSe~i~tendent said, would be a first. "If push comes lo shove, we probably (ould make'them ,replaqe · them_," said Mr. Jacobs. "I've never . come across this, so I'd probably need some adyice from the town attorney?-' - The two trees were among several . that stood on the west side of Locust Avenue along the edge of the residen- tially zoned lot Rich and William . Mullen, the sons of dealership owner Dick Mullen, are in contract to buy from Albert Albertson Jr_ of Gi-eenport. The purchase agreement includes the adjacent Colonial Corners shopping area. The Mullens say the caen lot would'provide immediate room for -much-needed paring, and-the shopping complex could be used for a[mture d.~al_~ ~/~-''''~ ~ship expan~sm~but in the short t'~rm ,~ woulcffremam as is. - - .a-oeconcl Lbok ' ' ' '."' ' Angere~ the tree cutting~ which the Mullens said they had no part in, area residents are pressing the town to deny the zone changes· The tree work ~ . prbmpted the Town Bohr~o demand ~ fgl!ow-up re~_ort from its environmental ' · consultants., who initially'found no rea- sob to deny the request. That review is The Mullens have ~ked for the town to rezone the two parcels from R-40 Residential and Hamlet Business to Oeneral Business (B). Before judging the' request, the Town Board must first decide whether the switch will have no environmental impact or require the completion of a detailed assessment re- port,, a document that in some cases can · take several 3,'ears tO complete and re-. In the interim, the opponents are cir- culating petitions charging that the Mullen plan "would adversely affect the ]integrity and Yatue of immediate and ~'sun'ounding h~mes and businesses, not / /to mention quality of life and saf~"y due~ [toTncreaseo usage." _ "--'Rich Mullen reiterated his contention that his family's company, which has "Mullen's From page 22 ~d i - been in business in Southold for 70 j'. 5;ears, has become a scapegoat for peo- !p '. ple unhappy with the traffic, noise and .fi-other problems caused by the nearby 7- le Eleven convenience store. a- "It's gotten ridicu!ous~" he said, argu- in lng that the charges lodged Monday . g- night are off base· "All I'm tryin_g.l.oMo br is mn an honest business here and these m people are trying to mn mc out of busi- ness. For two weeks, I've been painted he as the bad guy. I don't know where_E~ey of come up with t~s stuff_" ' ~"~ he s~rJ~l~s Social Set al- RIVERHEAD--A singles group will an host a social and dance for singles 30 irt and over at 6:30 p.m. on Friday, Aug. 8, nd. at RNethead Free Library. 330 Court St. Hal and cold hors d'oeuvres and beret- it's ages will be served. Bring your favorite )n. CD or cassette. There is a $3 fee. Call it 727-3228 to register. alt Cherry Jubilee A well-intentioned plan to fix the sidewalk and replace a locust tree with this cherry tree ran aground several weeks ago but the mystery is finally over. elaine Taylor/Traverer Watchman Tree Controversy Laid to Rest By Damon Rallis SOUTHOLD -- Answers to the locust tree controversy of recent weeks have finally surfaced. :. Miscommunication and a few minor mishaps led to the controversy which- had residents up in arms over an old locust tree that mysteriously disappeared from the sidewark in front of the Southofd Library last week· When library officials'were asked about the situation, they referred questions to the contractor, the contractor passed the buck to the town · and the town pointed ils finger at the state. ¢ The state claimed that the town was re~pons, ible and the town denied any involvement, causing a tiresome wild goose chase, - An anonymous tip, howeve , turned up Jim R~ch, of Sou hold, who was apparently named clerk-of-the-works for the project· In that capaci~, Rich was charged~with overseeing the removal of the.tree. On Tuesday, Rich said the library removed [he~'C~e for sai'ety and aesthetic reasons. Apparently the locust tree's roots were bursting up through the surrounding sidewalk, making it a danger to pedestrians· "Really it was all done to improve the site," Rich said. According to Rich, the library contacted the state to get permission to make the imprgvernents, but was ignored So, the library took the matter into its own hands. ironically, landscaper Tim Coffey was contracted to help remove the tree and improve the sidewalk, but inadvedently damaged a NYNEX line in the process. Coffey donated some el his services for the project· Apparently, everyone involved was embarrassed by the unexpected turn of events; hence, the silence. ."'~ Followlnq eublic outcr,,/, a cherry tree, donated by Coffey, was planted in fh'e locust's place. But acc"ording to Rich, the library had arways intended to replace the locust tree. ! The end result? The sidewalk is now passable, the cable lines have been repaired, and the library got its cherw tree anyway. Thursday, July 31, 1997 ~ Traveler Watchman - 3 Tree.. saga. 8ranching.. Out · ' By D~m~'n RatEs ' :: SOuzfHoLo -- Richard .Mullen Jr.'s plan to purchase a p~rcei, of land behind Colonial Comers and build a customer parking 1~, has met with complaints from area residents ever since three Norway Sprh~:e trees were L~ud there last week.. - · - lien, who owns Mullen Motors on Route 25, recently ~ubmitted an ap- plication tu the Southold Town Board, requesting that the prope~y's zoning designation be changed to business zone. ~u~ently, half of the prooe~ is zoned residential and the other is des- ~_'"~h~tnated a hamlet business zone. By changing the zone designation, Mu'll~ would be permitted to build-a p~-king Io__t, which he claims, will ~hav.e no adverse effect on the town. "Nothing is going to change and [ don't want to destroy anyth'ng,' Mullen said on Tuesday. "I h~.ve a park- ing problem that needs to be ad- dressed." Mullen's plan met with little oppo- sition until nearby residents noticed that a handful of trees, located on the pro- posed parking lot site, had been topped off. According to Mullen, the tree re- moval had nothing to do with his park- ing lot plan and the land is still owned by Albert Albertson of Southold. Mullen said that Albertson, con- cerned about the trees' proximity to utility ,.,,'ires, called LILCO and asked that the trees be trimmed. "He asked LILCO to trim the trees away from the v. res, ~Mu~llan said. "I ..g._uess the3' ,,vent a little overboard._~" It ',,.'as that event that triggered nu- merous residents to form,~petition and pub!icl); take a stand'aLzainst MullenLs rezomng requesL · " At least five letters have been sent to the Town Board from residents who · claim that a_.~ to Mufien's dealership w~rsely affect o~thold's re'~-dential and hamlet dis- tricts. ~-----~onc le!te/'; Nancy Zit9, of kocust~ Lane said, 2~have been a witness to _tractor trailer ~ucks coming from Mul_lan Mo.tors, using Kom Road and Eocust Lane as outlets. These tracks, 'b"~ng so large, use t~Se front piece of "6-ur property to negotiate the tum:~_,__.J ~/~it6 and Others have requested that the Town Board require a traffic study be conducted before granting the zone change. Mullen, however, said tiaat the recent complainti are unfounded. Since the proposed lot will only be used for cus- tomer parking, he said there will be no excess traffic at his business. Accord- ing to Mullen, most of the noise and tractor trailer traffic comes from 7-11 and the beverage store. 'q want to be a good neighbor." Mullen said, "l don't want to be a West .~En.d developer.:' Nonetheless, the tree issue is still a hot one. Town Su~isor Jean Cochran says _that some of the trees were actually on town property, b_...ut, others aren't so sure. Highway Superintendent Ray Jacobs, who investigated whether or not the trees ,,'.'ere on town property, said the answer is unknown without con- ducting a formal sun'ey. He did say, however, that the town line seems ~ Continued on Page 21 for the assistant coaching position, ~.J '- The tree removal has created som~ '- Nelson's waiver could be reinstated. ~ obstacie~ to'Mullen;~'p'~Opb~al,-but he'- The first day of football practice be- ~" continu~:s't6-~'-~'~ i-s being treated un- gins on August 19 and if a coach is notr~ ~fair. ly b~,' r~id~nts: ' '- · :. : hired by that time, an interim coach will[~ How come n0-one 'complained be assigned. When someone r~moved the tree from~ hbrary? he "~ ' Petitions aT'~ ~X;ai/able 'at_East End mn throut=h ~9.'6~f the 'thr~:~:'~re-es. vices. Inc. in Soathold. . orr, ay on evei3~ t.,o,,,.vn road. Since Lo- ~ ' cust Lane is only .~8 feet wide, some ofI the Albertson property could belong toJ 'It could be and it could not be,'.~ Jacobs said, "but the), [LILCO'~ would never cut a town tree w~t~hout askin~g us first." Accord{rig to Cochran, anyone who owns property that is zoned residential has the right to remove as many trees as the3.' wish. She said the board is now investigating what, if any, action to take regarding the trees and if'some of them ,,','ere, in fact. town-owned. "I don't k~m,,v if we can take any action," she said. "This has never hap- pened before". ~nmental assessment was conducted on the property earlier this month and came back in favor of Mullen's plan. However, in light of the tree issue, the Town Board has asked that a new environmental assessment be conducted before any decisions are made. Trees Cause ToWn Tiff B), it,lichael DeMaria SOUTHOLD -- In Southold Town, old trees are coveted. Especially by th~ people who live near them. Which is why a group of residents living on_.. Locust Lane in Southold IJecame incensed this week when three old Norway '!~pruce trees across the street from the Southold 7-11 were topped and..~ then removed without .wa, rning, or explanation. ~To make matters more complicated, the irees are intertwined with a separate issue involving Mullen Motors, Albert Albedson Jr. and an application for a zoning change. As a result, about 35 angry people showed up at Tuesday night's Town Board meeting to talk about the issue, which wasn't even en the meeting agenda. The heart of the issue revolves around ' Mullen Motors' desire to add Continued on Page 29 ~Thursdav, Jul.','.4 1997- /" ' ' - But last Tuesday, Locust Lane resi- Mullen ~aid that residents worried dent Jean Sanford was coming home for about traffic on the street should be talk- lunchat l :35 in the aftemoon when she lng to 7-11. Several residents corn- says she noticed two orange Asplundh plained at Tuesday's meeting that they tree-trimming tracks on the lot. She says are subject to deliver'5' track traffic on that when she asked the workers ,,,.'hat the back roads on a regular basis, and they were doing, the.,,' told her they were that the Mullen parking lot would on].,.' trimming the trees for a parking lot. The add to the problem. next day, the trees ,),'ere gone, except for Town Board members said Tuesday ~. a 10-foot section of tree trunk. Word thatthezoningchangeapp[icationisstilI ~ spread quickly that the trees, which resi- in prelimina~' staaes. An environmen- \ le dents there saywere more than 300 years tal survey of the property was submit- id old, had been downed and that Mullen ted by the firm of Nelson, Pope and ad ,.','as planning a parking lot for the land. Vorhis, LLC (Melville), but in light of · "That doesn't look like a trimming the controversy and the downed trees, J to me," said Sanford. en the town board is asking that the.,.' re- ~ Mullen said Wednesday that visit the site and supplement theirsur- Mbertson called LILCO to trim the rees ~ , .,~ - r ~_ · rev. Dase(a on tne rcsu,ts oJme surx'ey. ~.- \ away from the ',,.'ires, but that they' ,.vcre~, th~ board will determine whether an in o so entangled with the ,.,.'ires, the trees had de th environmental re,, iew needs to be ~ ~ ',o~ 60 be topped ,.;'oul'~ ~ p ~e DO.z" ~have had to co.al, e do',v0 a~D~vayif..thel ~- '..~ ~ ~.3'~''~ ~ ~zon'''~ in~chang(~,;~nttN-ou~-andiaTbuiltI The tntttal survey states that: The ~ ,.O,_}/'C~ th~ parking lot. ~c;",,,7~'~'~ small to~"n c~aracter ofSouthold shoul_d ~.,,.{.(~x..~-. ~( k.~ ~ "-no regulations against land owners tak- 'b-"~"~sldere~ t~ a parking lot is pro- ->" ,(-x ~OtX.~/ in~ down trees on residential prop,e.r'o/, pose(:ftn the tuture. There may be some r\lSO/'A ~on'e~'~,-t,~',-e~soundbarder 's~id-~'~ confli6tpertainingtotT~lossofaesthetie '~'/'~ ~ .. / SanfTo''.Sanford 'The 5 ,.,,,ere u ~ t beautifi~l ~h ;~ ] ~is resources .... I he rezomn~ o~ the reslden- . '~ . . ~'~ "~ontinued on Page 28 [ t,o',._,Ci;Z~, that have now been felled. I/ ttalportion ofthes,telsanmtmston ..~ /'-"'-J~, ~ ' I don't know who could do that, '.vhet_.b..cr_l into. the neighborhood and should .b~/.._. ] { · ~,flAiL~ ~ [ it'~sidential~an3" ~ mitigated through the{retentio~ofve_.q- [ t I1~,~ ~_ [ ~'"~'" -- ' 'etat(~n, andscapescre~.nmgandn~am?~... ContinuedfrolnPagei % ButMullensayshedo,esnot;vantto tenance ot some setback betwetm the I.--. ~ [ make area residents an~r). Rumors that residential and commercial use." [ c ommganastoragerotts car I · - .......... le'"~ dealerslYm~o~n Road~To accom- I he ts gotn= to level Colonial Comers and the report a,=o >a_x >, however, that I p n ~vla o - - ~.- , ,. .- · I ~' - -~ao~mlVie,.ch°.mr,~/ expand h,'~ dealersh,p ,n that area are there are some common m,tl~atlon I ,[pusn mis goat, accoromg ro ~tcnarc~l u~true ' -said -ractices recommended" for the-site if Mullen, the com any wants to buy an ,, , ne . ~' . 1 - th.e com~.pan.y wa. nts tobuy an. ~ For qafetv reasons and to avoid a,"~ thezonm(,chanue ,smade, and that there ~ ~::~ adjacentp"~l nd totheeastowned '~. ' --' ~ , = . - ,. /~-~ , ~ ~ ..... -~ · · ' - / Ionial Comers} complex. I don't have I scheduledaftertheen',~ronmentaldeter- -'~ .0 Trees... From page 3 town Planning Board and the Suffolk County Planning Commission. The consultant's report came in re- sponse to Richard and William Mullen's request for a zone change on the 1.25 acres immediately to the west of the dealership. That land c~vers the Colo- nial Corners shopping center and a wooded residential' lot to the rear. The brothers Mullen are in contract to buy the property and hope to convert thc open parcel into a parking area. The shopping center would be left as is in the short term they said, but could be the~re dealership expansion, The land is covered by the HB Ham- let Business zone and R-40 Low Den- sity Reaidentiai. The Mullens are seek- lng a switch to General Business (B). In an interview following the meet- lng, Rich Mullen said his family's com- pany has worked hard [o be a good neighbor and has paid for extensive plantings to shield its operations from the neighbors. The dealership is not responsible for the large volume of truck traffic, he added, and brings in no more than two car carriers per week. '"they're mad at the 7-Eleven and they're taking it out on me," Mr. Mullen said. "We're not west-end developers," Mr. Mullcn said. "We need a little extra ~parking and wc can't do it without a zon/'~change.'' Thc .additional lot space, he said, .will ~ot bc used to display cars but for customer and service Vehicles and so will not be_lit as brightly as thc rest of thc complex. "In a small town, you don't want to ruffle anybody's feathers and cause a commotion," said Mr. Mullcn. "We've been here 70 years." LAURY L. DOWD TOWN ATTORNEY JEAN W. COCHtL~2,I Super-Asor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 F~x (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: RE. Town Board Raymond Jacobs, Superintendent of Highways Laury L. Dowd, Town Attorney August 12, 1997 Restriction of Truck Traffic on Town Roads Letters regarding the Mullens rezonmg have suggested restriction of truck traffic on the residential roads. Vehicle and Traffic Law §1660 allows the Town to restrict truck traffic in the following ways: The town board of any town with respect to highways outside of villages ~n any such town, but not ~ncluding state highways maintained by the state except with respect to subdivisions six, eight, nine and ten. subject to the limitations imposed by section sixteen hundred eighty-four may by ordinance, order, rule or regulation: 17. Exclude trucks, commercial vehicles, tractors, tractor-trailer combinations, tractor-semitrailer combinations, or tractor-trader- semitrader combinations from highways specified by such town Such exclusion shall not be construed to prevent the delivery or p~ckup of merchandise or other property along the highways from which such vehicles and combinations are otherwise excluded. 28. Exclude trucks, commercial vehicles, tractors, tractor-trailer comblnaQons, tractor-semitrailer combinations, or tractor-ti ader- semitrailer combinations in excess of any designated weight, c],::signated length, designated height, or eight feet in width, from h~ghways or set lirmts on hours of operation of such vehicles on particular town h~ghways or segments of such highways. Such exclusion shall not be construed to Town Board Raymond Jacobs, Superintendentof Highways August12,1997 Page 2 prevent [he delivery or pickup of merchandise or other properly along the highways from which such vehicles or combinations are otherwise excluded. As you can see, you can restrict trucks over a certain weight, but not if they have to use the road for pickup or delivery. An expert traffic study might be able to devise some routing method which would identify other delivery routes and allow the roads to be effectively restricted Please let me know if you need additional information. DA~E AU~S~ 11, 1997 Te: ~%, 1EA~ JACOBS Faene~ 765-]14.0 ~az: 765-1823 -- SUP~VISOR OF ~rrGEWAYS JEAN COCm~AN -- ~O~N SU2ER~ISO2 ~UDI~H TERRY -- TO~N CLERK ED FORaESTE~ -- BUILDING DE~T. GERARD GOk~G~INGER .- Z0N~N~ DEPT. LOCUST LANE SOUTH~OD, NY 765-5985 11971 RE: EI~HWAI DEPARTMENT'S UNAUTHORIZED PAVING OF ZlTO ~ROF'KK~Y AUGUST 8~ 1997' M~. ~y Jacobs Sentheld Town Ha~l M~in Read Dear Mr. J~cebe, Am&~amt loth, 1997 I would like te bring ~e.yeur at~emmlem an lncidemt t~a% ~mppemed August 8th, 1997 cemcermimg tMe HiE~way Dept. amd t~e fren~ ef my property. Cemi~g ~sms at 12:~0 ~M, I dl~csvered macada~ freshly rolled ever the edge ef my property:line. The Highway Dept. never Om l~lday, AugUst ~ ~t 1:00 PM I was ¢~lppl~g t~e mma~borimed mac&da~ ~ck te my prsperty lime, w~en R~c~le Mu_llem ca~e ~y amd Oen~y's toques=, we stopped remov~ of ~he ~u~horized ~cidu. Ia tko meam=lme, ~ ether eff~cers a~-rived a= tae ecg=e: Lt. called t~s ~ghway ~ept. ~d 4 pe=eemnel -- i~luding S~pe~isGr that a e~rlag be s~e~c~ed across ~ke edge of my pro~er~ ~o find · ~e cerre~ ~per~ lima. embedded 2' foe~ into the street. We need -2- disceve~ that the macadam had indeed gene past the line onto my property. The Highway Dept. them fimi'ehed the job we had erected An a~ wee ~reught ;ut t9 chop the mac.am and a wm~ker ehoweled it into th~ bac~ ef the truck. Between the Highway Dept. a~d we 3 w~men, 21 i~c~es ef u~ut~e=ize~ maca~ was remmve~ ~em a 90 feet e~amse that fille~ eme g~ge cam ~ tw~ 60 lb. plastic bucke~s. A camsi~erable ~emm~ ef my property ~s reclaime~ -- 21 lmches -- I'M G~ I BTOOD MY GR0~. Also, I ea..very concermed abemt the high amount ef commercial traffic e~ o~r residential st-~eets. It's frigate=lag.-- what it's doing te em~ =ea~s, w~at i~'s ~el~ te e~ e~ety, w~at l~'s del~ ~e e~ ~ves. ~l~ ~ls lncidemt, 2 ~aver~e ~cks s~ug ~eun~ the cor~er ef ~cust am~ Ecrm i~$n[ it mecess~y for police effice~s ar4 highly we=ke~s te move their vehicles au~ pedes~riams te get elf the steer am4 emte ~he ne~e;t res- idemtial prep~ty. L~. Cech~am, S$t. Si~ing and ethers were eye-witnesses ~e ~he M~lam Meters C~ C~ier c~mi~ up Ecrm Read and ~i~ a left emte Cottage Place. Im co~d n~t ~e t~e t~ l~ erie swing. The C~rier backe~ up ~ ~rie~ again ...em a resi~en~i~ e~reet~ ~e peinte~ eut t~e receding preperty line at the cermet ef Kern an~ Locust where tractor trailer t~ucks have were away the Melanie ta~_fer~ shewe~ De~. Joe Cenway where the e=lgimal etreet pest for Eern and ~ecust smmpped elf leaving a metal stump. The sign pest which emce steog em the ce~er ef the property, is now a remnamt embedded 2' feet into the street. We mee~ these cepta~le traffic and rea~ cem~ltiene a~dreete~. Also, du~img the tnclaent a commercial %x, xck stepped en the west side of Zecust Lame amd made a delivery at %he local Seven-Eleven. As yen well knew, t~e Highway Dept. posted signs J=ly 24~h reading "NO STOPPING A9 AN~ TIME". T~e Towm Bea~ passed this local law pre~ibitimg stepping ~90'feet along Locust from the Maim Road ~e Eerm amd ye~...me ticket was iseue~ ~e this tz~Ack. -3- ~emmer¢ial '~z"~-*~lc does not belong o£ ~'e,,,lden~lal s'~ee'~. ~e believe road signs readlwg "NO C0MMF~CIA~ TRA~T. IC,, posted between Hmbart Read and Locust Lame weuld reselve tkis preblsm. We have breug~t this serieus preblem te ~he attem~iem ef the ~ewn Beard beth by lstter~.. ',.amd at 2ewe ~.ll meetings. If auy in.iuries or fatalities eceur, the Tewa ceuld be llaDle. Superviser Jeam OccUr~.~ Judith Terry--Tewa Clerk Ed Forrester--Buildimg Dept. P.O. Box 189I 265 L'Homme Dieu Lane Southold, NY 11971 August 6, 1997 Ms. Jean Cochran Supervisor Southold Town Hall Southold. NY 11971 Dear Ms. Cochran: I am writing concerning the proposed zoning change from Res.40 & Hamlet te Gen- eral Business for the area alongside Mullen Motors on Route 25. I am a homeowner in the tmmediate vicinity at the comer of L'Homme Dieu and Founder's Path. As Hobart Lane is a one-way street off of Route 25, I use Cottage Place (alongside Mutlen Motors) for access to Route 25. As tb_ings are right now, Cottage Place is more often than not congested and/or blocked due to heavy traffic at Mullen's. (Please understand that my concern has nothing to do with Mullen Motors. per se, but rather the potential Lmpact of its expansion on the com- munity. I know they are a reputable business enterprise.) Yesterday, I could not get down Cottage Place because a huge, yellow car delivery vehicle was parked there with other cars and trucks. I had to back out and go left. Shortly thereafter. I saw this huge vehicle mrmng up Cottage Place. making a left mm onto Korn Street, in the middle of tree-lined one family homes. It looked like a scene from one of these high-tech science fiction movies, but it wasn't fiction at all. This incident was very scary. I am fairly new (3x/2 years) to Southold and have grown very fond of it. However. the quiet area is now threatened with turning into an industrial zone resembling Route 48 in ILiverhead. I didn't move here for that. I have that already in too many areas or' New York City, Nassau and western Suffolk. To preserve the quiet nature of Founder's Landthg/Southold, I urge that you not permit the rezoning of said area from a residential to industrial area. If Mullen's needs more space, they should consider moving to an appropriate space such as that occupied by Lucas Motors. It is out of the way from homes and yet easily accessible. I hope you give these concerns your serious attention and keep our community a com- munity, not convert it to a trucking and industrial area. Yours truly. David B. Sherman RECEIVED Soutl.~ld Tow~ Cle~ P.O. Box 1891 265 L'Homme Dieu Lane Southold, NY 11971 August 6, 1997 Ms. Judith Terry Town Clerk Southold Town Hall Southold, NY 11971 Dear Ms. Terry I am writing concerning the proposed zoning change from Res.-40 & Hamlet to Gen- eral Business for the area alongside Mullen Motors on Route 25. I am a homeowner in the immediate vicinity at the corner of L'Homme Dieu and Founder's Path. As Hobart Lane is a one-way street off of Route 25, I use Cottage Place (alongside Mullen Motors) for access to Route 25. As things are right now, Cottage Place is more often than not congested and/or blocked due to heavy traffic at Mullen's. (Please understand that my concern has nothing to do with Mullen Motors, per se, but rather the potential impact of its expansion on the com- munity. I knox~ they are a reputable business enterprise.) Yesterday, I could not get down Cottage Place because a h_u~, yellow car delivery vehicle was parked there with other cars and trucks. I had to back out and go left. Shortly thereafter, I saw this huge vehicle turning up Cottage Place, making a left turn onto Korn Street, in the middle of tree-lined one family homes. It looked like a scene from one of these high-tech science fiction movies, but it wasn't fiction at all. This incident was very scary. I am fairly new (3 ~/~ years) to Southold and have grown very fond of it. However, the quiet area is now threatened with turning into an industrial zone resembling Route 48 in Riverhead. I didn't move here for that. I have that already in too many areas of New York City. Nassau and western Suffolk. To preserve the quiet nature of Founder's Landing/Southold, I urge that you not permit the rezoning of said area 1¥om a residential to industrial area. If Mullen's needs more space, they should consider moving to an appropriate space such as that occupied by Lucas Motors It is out of the way from homes and yet easily accessible. I hope you give these concerns your serious attention and keep our community a com- munity, not convert it to a trucking and industrial area. Yours truly, David B. Sherman Judith E. Barkan 78-11 35th Avenue (2F) Jackson Heights, NY 11971 August 5. I997 Hon. Jean Coch.ran, Supervisor Town of Southold Town Hail Main Road Southold, NY 11971 Dear Ms. Terry, As the owner of a home at 200 Founders Path, I would like to express my concern at the proposed expansion by Mullen Motors on Main Road. While fully recognizing that the Mullens are long-standing respected members of the SouthoId business commurfity, it must also be acknowledged that their building on Main Road at Cottage Place is really the only commercial property on Main Road in Southold that is out of keeping with the village's charming "look," and that more of the same would not be a welcome addition. Furthermore, although the newspaper reports state that high intensity lighting would not be required for an additional parking facility., I suspect that an area meant to accommodate customers' vehicles would, in fact, have to be equipped with some kind of security, lighting far in excess of the normal village street lighting. The nighttime lighting at Mullen's present lot is quite harsh and I would not be happy to see more of the same "strip mail effect." Southold doesn't need more chain link fence and floodlights. Surely there are areas better suited to a parking facility than the one tbr which Mullen Motors has requested a change in zoning. Perhaps these other areas would be a bit less convenient for the Mullens, but as business people concerned about their community, I'm sure they could compromise in deference to the wishes of homeowners who are, in many cases, their customers. [ believe that their request for a zoning change for this expansion should be denied and I thank you for your consideration of my letter. Yours truly, Judith E. Barkan PRESTON & SON. Inc. MAIN STREET WHARF GREENPORT. L I., N.Y 11944 GEORGE H. ROWSOM TEL. 516 - 477 - 1990 August7, 1997 Honorable Jean W Cociaran Southold Town Hall 53095 Main Road Southold, New York 11971 Dear Supervisor Cochran: I am writing is support of allowing Mullen Motors to extend their south parking lot to the east. I am sure this will alleviate some of the congestion that cuxrently exists without any adverse affects to the surrounding property owners. Cordially, !800 To~.ln Harbor Lane Southold NY 11971 July 27, 1997 ~s- Jezn W. Cockran To'~n Supervisor Southold To~n ~all ~Og5 Main Road Southo!d >~¥ !~971 Dear ~*s- Ccchrar: Since purchasing a house in $outhold last February, we have been impressed ~ith the concern of residents of the North Fork to ~;ert off development pressures that would compromise the rural character of the area. Recently, ho%~ever, the trees on Locust Lane were butchered without a concern for the impact that would have on the environment and local residents. Having lived in Bayside, Queens, for many years, ~¢e have feced a constant struggle to keep automobile dealerships from intruding in residentisl neighborhoods. Once in, they reguire more and more space, 9owerful lighting for security purposes, then high fencing. After a while, the parking space expands to include more repair facilities. This generally leads to test driving on residential streets and is certainly a safer}' concern that puts the elderly and young children at risk. We do not want Southold to lool{ like automobile row in Riverhead. We hope the Southold Planning Board will deny the zoning change proposed by Mullen Motors and thereby protect the interests of the hamlet districts and local residents. Sincerely, Care!'-A. Owens James A. / U8 - 8 1997 !800 To~.rn Harbor Lane Southold NY 11971 July 27, 1997 ~r. Gerard ?. Goehringer !oning Poard Southo!d To::n Hall 53095 Main Road Southold NY 11971 De~r ~[r. Goehringer: Since purchasing a house in Southold last February, we have been impressed with the concern of residents of the North Fork to ~rard off development pressures that would compromise the rural character of the area. Recently, however, the trees on Locust Lane were without a concern for the impact that would have environment and local residents. butchered on the Having lived in Bayside, Queens, for many years, we have faced a constant struggle to keep automobile dealerships from intruding in residential neighborhoods. Once in, they require more and more soace, powerful lighting for security purposes, then high fencing- After a while, the parking space expands to include more repair facilities. This generally leads to test driving on resident{al streets and is certainly a safety concern that puts the elderly and young children at risk. We do not want Southold to look like automobile row in Riverhead. We hope the Southold Planning Board will deny the zoning change propesed by Mu!ien Motors and thereby protect the interests of the hamlet districts and local residents. Sincerely, Carcri LA~ Owens = · .... James A. Owens DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOL~ FtOBERT J. GAFFNEY :~UFFOL~ COU~ E~ECUTIVE August l, 1997 Judith Terry, Town Clerk Town of Southold Town Hall, 53095 Main Road PO. Box 1179 Southotd, New York 1197 l Re: SCTM #: R/chard F. Mullen and William H. Mullen 1000-62-03-22.1, 24.1 REC.. IVED , Ug .5 1997 Souf~o~d To.~ Dear Ms. Terry: The Suffolk Count3, Department of Health Services (SCDHS; "Department") has received you letter, concerning the above-referenced project. The Depa.muent has no objection to your designation as lead agency. Based on a review of the subject coordination, the Deparrrnent offers the following comments. Suffolk County Sanitary Code Considerations: In the event that the petition for a change of zone is gTanted for tkis commercial project, please note that a parking lot expansion for the dealership would not require an application to SCDHS. However. if there is a change of commercial use in any of the ex/sting buildings in "Colonial Comers" an application would be necessary. Thank you for the oppormmry to review this apphcation_ If you have any questions, please feel free to contact the Office of Ecolo=%, at 852-274I. MJR~amf cc: Vito Minei, P.E. Stephen Costa. P.E. Sincerely2..-) Mark J. Reuschle Environmental Planner Office of Ecolog-y Thomas & Joan Sledjeski P. O. Box 738 Mattituck, New York 11952 August 5, 1996 Jean W. Cochran, Supel-visor P. O. Box 1179 53095 Main Road Southold, New York 11971 Dear Madam Supervisor: The current request for a zoning change before the Town Board concerning the vacant lot adjacent to the Mullen Motors Business should be approved. This vacant lot would be an extension of the current parking area utilized by Mullen Motors and is a minimal addition to the current facility. It would appear to be a prudent decision for the Town Board to permit this request to continue a valued business and essential employer in the Town of Southold's private sector. Thank you for your economic support of necessary businesses in our 5own. Sincer~ely, // Thomas &/Joan Sledjeski '/ P- O. Box 738 Mauuiuuck, New York 11952 JS:jo Nelson Pope & Voorhis 572 Walt Whitman Roa~ 'Melville, NY 11747-2188 Re: Reevaluation of EAF Richar~ F. Mullen III an~ SCTM Ne. 1000-62-03-22.1 Dear Nelson, Pope & Voor~is, William &:24.1 A1 ~st 7, 1997~ H Mullen Zone Change Application In regards to the cutting of the trees on Locust Lane, I feel it is crucial that I share with you my first hand account with Aspluudh -- the tree company sent to do the job. The tree chopping took place Tuesday, July 15th at 1:35 pm. A Norway spruce had'come dow~ the ~ay before; but now they were back. I remember the time because I had come home for lunch. I witnesse~ 2 orange Asplun~h trucks parke~ on the side of the roa~ with cones marking off the site. I aske~ one of the workers what was going on. He replied, "we're trimU ming the trees, there's going to be a parking lot here." As it turned out, the trees were totally decapitate~ (please see euclose~ photo ...Does this look like a trim ~ob.) The worker's statement reveals 2 very important things. First, Asplun~h was sent to ~o more than a tri~. They were specifically sent to decapitate an~ kill 300 year ol~ trees. Second, Aspluu~h.ha~ first han~ knowledge of the Mullen Motors plans to expan~ their parking an~ storage facilities. Plans that ha~ not yet been approve~ on property that was still sub~ec~ to a change ~ zone application. Chopping the trees in this manner shows premeditation on the part of Asplun4h an4 whoewer gave them the order. To date, no one claims re- spon ibility. It does seem likely, however, that whoever ~i~ this ~orrible act rea~ the EAF report receive~ Jm~y 9th from Nelson, Pope & Voorhis. In your report, you ask, "Will any mature forest (over 100 years old) or locally-important vegetation ba re~.~oved by this projaat~". The answer was NO. A~cieut. trees wer~ cut' dow~ and the property bull~ze~ [ working ~ays after the EAF report came out. As for the ~wn, they say they were never notified ~m advance that such cuttings were goinE te take place. Se ~ar, they have ~isc0vered that 2 trees (possibly more) were en Town Preperty. This m~kes the tree cutti~ illegal,since the trees were on Town Property and unethical, since it tampered with property still u~der review. Such violations can not be overlooked. When conducting your secen~ review please co~sider these very important points. As you well know, the State must be cousulte~ before any town tree can be remove~. The standards set by the State E~viormental Quality Act must be honore~. A Positive Declar~tiom must be given. Sincerely, Melanie S ~nfor~ Albertson Realty 56215 Main Road, Box 596 Southold, New York 11971 Business (516) 765-3800 Fax (516) 765-3803 August4,1997 Honorable Jean Cochran Super'visor Town of $outhold $outhold, NY 11971 Dear Mrs. Cochran: We are wdting this letter to you because of the turmoil that we see being generated in the local newspapers, stores and shops regarding the purchase of Colonial Comers by Mullen Motors. For the close to five years that we have had our office hero, and for the 20 years prior to our ownership, Dick Mullen and his family have been good neighbors to us and to the Southold community. Thero is never a local chadty, event or request for assistance to which the Mullens say no. They run a quality operation, provide employment for more than 40 local citizens, pay their taxes and maintain their property. We would certainly prefer to see a well designed improved lot, done by a professional landscape architect as the Mullens plan to employ, than a weed choked, overgrown eyesore that has existed on the location in question. The fact is that we must have some commerce in the Town in order for working people to support their families, pay taxes and provide many of the benefits that we all enjoy. Incidentally, our Office did not participate in the sale of this property and we have no personal interest in it whatsoever. We just get concerned when an honest, hardworking family is subject to some of the abuse that we have seen heaped upon it by some individuals. Thank you for consjdenng our opinion. Linda Scalia Each Office Is Indel2endentlv Owned And Operated To Southolders a_ all whom it may concern, "(We)... have worked hard to be a good neighbor." Just what does that mean .\ when said by a successful businessman? Think about it. Make a list even. , -A~,&That statement was made by Mullen Burl_she? You be the judge. ',,,[ '~ Mullen Motors has perpetrated a long list of site violafioas, acts on his ~'X~ ~V property against fue Town's specific orders. Acts that most of us knew /q nothing about. Good neighbor? You be the judge. ,\,~,~/~ Permission was granted for Mnllen to add the ear lot behind his building along Cottage Place, with these conditions: (a) it was to be used for employee  parking only, (b) there was to be a 25 foot buffer of 27 hemlock trees between Mullen and the neighbor's valuable property, and (c) it was to be enclosed by a fence and gates w/th plantings along the sn'eet. Fact. There have been over 35 cars in there overnight, no 25 feet of soil with graceful hemlocks, and the fence, gates and plantings are gone, replaced by parked %~C_~\ ~q~elrl[hcars and multiple access. (three violations) e bubble showroom at the fi'ant was to have had "grass only" between it .,~- and tile Main Road. Fact. First Mullea added two concrete pads for display ~.'o'o. xog~. ~-A.~er getting a hindsight OK fi-om the Town for that, he covered'thE ~,~,~,,x~;~veenfre~sntfoTth~at m~vaod~mangfeOrrs 1~: ~nd.v;~s ~no~Ssel~egoncthoemiTn~V~arsf~or their right and pedestrians are in danger of being hit wkile walking around the cars parked on the macadam. (violation afl:er violation) The car lot on the west side of Cottage Place was to have had a 4 foot high fence fi-om the Video'Store for about one-third the distance to Cottage Place. The parking lot behind this was to have been "customer parking only." Fact. The fence ertends all the way to Cottage Place There are Mullen cars, not customer cars, at the west end. (two more violations) Shouldn't the Town reverse these v/olations and deny further expansion? For Mullen has shown he will never comply w/th any site plan. A "good" neighbor's a~tions speak louder than words. P.S. Did you know ....... Mullen owns car access to Hobart Road between two residential properties7 He lets one family put thetr child's swing set on it..., for now. Do we want any big business to own from Hobart Road to Locust Lane in our Historic Village? Are we crazy? Could Cottage Place eventually be closed to the public? Are t~ere other hidden horrors9/¢~t W P August4,1997 Jean Coch.ran, Supervisor Town of Southold Town Hall Main Street Southold, NY 11971 Dear Jean: As a lite long and active and interested member of the community, I would like to voice my opinion regarding [he zone change application from Mullen Motors, Inc. The management of this long standing, (70 years) business has always had the community at heart and their place of business has been steadily improved over the years. In keeping with the population growth in their trade area, they have expanded the facility according to those needs. Tkis expansion has been orderly and in harmony with their Main Road business location. This business which employs several local residents is a viable asset to the community and the request is both reasonable and in keeping with the growth of our town. Dick Mullen, Jr., was unanimously voted as the I996 Businessman of the Year by the Suffolk Times wl-rich says much about his character and standing in the community. Your interest and attention to this matter is appreciated_ Sincerely, Peter Coleman 2105 Deep Hole Drive Martimck. NY 11952 Raymond W. Terry Jr. (~10 Jockey Creek Ddve P O. Box 983 Southold, New York 11971 Home Phone 516 765 2567 August 5, 1997 Honorable Jean W. Coclu3n, Super~4sor Southold Tov~ Hall Main Road, Southold, New York 1/971 Dear Jea~ After reading Leuers to the Editor objecting to Mullen Motors ' request for a zone change on Loo~ Avenue I fe~l I must speak out on their behaff. A~ter doing business with the Mullens for ~ ?eats I know their word is their bond and the.',- woulchft do anytlxing to harm the commun.ity. In si:malting with Dick. he told me he has retmned a landsca~ an:hitect to prox'ide a plan for sc~ening and/reProving the esthetics of this plot. [ recommend the Town Board approve the Mullen request for a zone change. Sincerely, Tel. (516) 477-1500 Fax (516) 477-1504 J. Mills & Co. Sailmakers & Canvas Products Since 1880 A 125-127 MAiN STREET CORPORATION COMPANY 74100 WEST FRONT ST. P.O. BOX 2126 GREENPORT, N.Y. 11944 August 4, 1997 Supervisor lean Cochran Southold Town Board Town of Southold Souflaold, NY 11971 Dear Supervisor Cochran and Board Members, This letler is in support of the zone change application by Mullen Motors for the rear section of the property known as Colon/al Comers. Mullen Motors has been providing services m the residents of the Town of Southold for seventy years. This company i~ an important employer of SouthoM Town residents. It's support of government and charitable organizafion~ within the town is not surpassed by many_ One of the basic tenets of a business in a capifaliat society is that it mu~t grow or it will die. The town cannot afford to have an important asset such a~ IVlullen Motors die. From a practical standpoint it is in my undemtanding that if Mullen Motors is able to ufili?e this site for parking it will reduce the amount of"automobile clutter" on or near the Main Road. I suggest it also will be a safety im~ovement. From thc standpoint of the neighbors I share their concen~. However, I trust the Planning Board will require ~tqJ, opriat¢ conta-ois and requirements such as screening and access placement m m the impact on thc health, safcty, and wcffare of thc sunounding neighbors. I again urge a posi~'e disposition of ~ application. Sincerely, William J. Mil[q III W~t/mtm cc: Mr. Richard Mullen To Southolders and all whom it may concern, "(We)... have worked hard to be a good neighbor." Just what does that mean /.~Twhen said by a successful businessman? Think about it_ Make a list even. hat statement was made by Mullen. But is he? You be the judge. Mullen Motors has perpetrated a long list of site violations, acts on his property against the Town's specific orders. Acts that most of us knew nothing about. Good neighbor? You be the judge. Permission was granted for Mullen to add the car lot behind his building along Cottage Place, vath these conditions: (a) it was to be used for employee parking only, (b) there was to be a 25 foot buffer of 27 hemlock trees between Mullen and the nmghbor's valuable property, and (c) it was to be enclosed by a fence and gates with plantings along the street. Fact. There have been over 35 cars in there ovemight, no 25 feet of soil with graceful hemlocks, and the fence, gates and plantings are gone, replaced by parked cars and multiple access. (three violations) \q~e bubble showroom at the front was to have had grass only between it and ~e Main Road. Fact. First Mullen added two concrete pads for display ~iff~~ After getting a hindsight OK from the Town for that, he covered the ,_&,o\i~X°whole front with macadam for cars and is now asking the Town for forgiveness for that. Two dangers here: Drivers cannot see oncoming cars to their right and pedestrians are in danger of being hit while walking around the cars parked on the macadam. (wolation after violation) The car lot on the west side of Cottage Place was to have had a 4 foot high fence from the Video' Store for about one-third the distance to Cottage Place· The parking lot behind this was to have been "customer parking only." Fact. The fence extends all the way to Cottage Place· There are Mullen cars, not customer cars, at the west end. (two more violations) Shouldn't the Tow~ reverse these violations and deny further expansion? For Mullen has shown he will never comply with any site plan. A "good" neighbor's a~tions speak louder than words. ~//~.&~ ~., fy,~t,~_~,klelen W. Prince P.S. Did you know ...... Mullen owns car access to Hobart Road between two residential properties? He lets one fmnily put their child's swing set on it .... for now. Do we want any big business' to own from Hobart Road to Locust Lane in our Historic Village? Are we crazy? Could Cottage Place eventually be closed to the pubhc? · I\'~ I' \ Are there other lndden horrors? )¢50 ~'Iq.W.P ~e!son Pope & Voorhis 572 Walt Whitman Roa~ Melville, NY 11747-2188 Re: ~st 7, 1997~ H Mullen Zone Reevaluation of EAF Richard P. Mullen III and William SCTM No. 1000-62-03-22.1 &~24.1 Dear Nelson, Pope & Voor~is, Chamge Applicatien In regargs to the cutting of the trees on Locust Lane, I feel it is crucial that I share with you my first hand account with Asplundh -- the tree company sent to do the job. The tree chopping took place Tuesday, July 15th at 1:35 pm. A Norway spruce had come down the ~ay before; but now they were back. I remember the time because I had come home for lunch. I witnessed 2 orange Asplundh trucks parke~ on the side of the road with cones marking off the site. I aske~ one of the workers what was going on. He replie~, "we're trim~ ming the trees, there's going to be a parking lot here." As it turned out, the trees were totally ~ecapitated (please see enclosed photo ...Does this look like a trim job?) The worker's statement reveals 2 very important things. First, Aspluu~h was sent to ~o more than a trim. They were specifically sent to decapitate au~ kill 300 year old trees. Second, Asplundh.had first han~ knowledge of the Mullen r'~otors plans to expan~ their parking and storage facilities. Plans that ha~ not yet been approve~ on property that was still sub~ec~ to a change ~ zone application. Chopping the trees in this manner shows premeditation on the part of Asplun~h and whoever gave them the order. To ~ate, no one claims re- spon ibility. It does seem likely, however, that whoever ~i~ this ~orrible act rea~ the EAF report received ~u~y 9th from Nelson, Pope & Voorhis. In your report, you ask, "¥!ill any mature forest (over 100 years old) or locally-important vegetation be ren~ove.fi by this projoct~~''. ~he answer was NO. .' A~cient. trees were cut' down and t~e property bull~oze~ ~ working ~ays after the EAF report came out, As for the Town, they say they were never notifdel ~a aivance that such cuttings were going te take place. Se ~ar, they have discovered that 2 trees (possibly more) were en Tow~ Property. This makes the tree cuttimg illegal,since the trees were on Town.Property and unethical, since it tampered with property still u~der review. Such violations can net be overlooked. When conducting your second review please consider these very important peimts. As you well know, the State must be consulted before any town tree can be removed. The standards set by the State E~viormental Quality Act must be honoreg. A Positive Declaration must be given. Sincerely, Melanie S~:.nford Albertson Realty 56215 Main Road, Box 598 Southold, New York 11971 Business (516) 765-3800 Fax (516) 765-3803 August 4, 1997 Honorable Jean Cochran Supervisor Town of Southold Southold, NY 11971 Dear Mrs. Cochran: We are writing this letter to you because of the turmoil that we see being generated in the local newspapers, stores and shops regarding the purchase of Colonial Comers by Mullen Motors. For the close to five years that we have had our office here, and for the 20 years pdor to our ownership, Dick Mullen and his family have been good neighbors to us and to the Southold c~mmunity. There is never a local chadty, event or request for assistance to which the Mullens say no. They run a quality operation, provide employment for more than 40 local citizens, pay their taxes and maintain their property. We would certainly prefer to see a well designed improved lot, done by a professional landscape architect as the Mullens plan to employ, than a weed choked, overgrown eyesore that has existed on the location in question. The i~act is that we must have some commerce in the Town in order for working people to support their families, pay taxes and provide many of the benefits that we all enjoy. Incidentally, our Office did not participate in the sale of this property and we have no personal interest in it whatsoever. We just get concerned when an honest, hardworking family is subject to some of the abuse that we have seen heaped upon it by some individuals. Thank you for con?jdedng our opinion. ./< /'/I V,e,r'y truly yours, ,.' ~ I~obert ,~;~f'a Linda Scalia Each Office Is Independently Owned And Operaled To Southolders a all whom it may concern, "(We)... have worked hard to be a good neighbor." Just what does that mean when said by a successful businessman7 Think about it. Make a list even. .,F~That statement was made by Mullen. But i_s he? You be the judge. Mullen Motors has perpet,eated a long list of site violations, acts on his property against the Town s specific orders. Acts that most of us knew nothing about. Good neighbor9 You be the judge. Permission was granted for Mullen to add the car lot behind his building along Cottage Place, with these conditions: (a) it was to be used for employee parking only, (b) there was to be a 25 foot buffer of 27 hemlock trees between Mullen and the neighbor's valuable property, and (c) it was to be enclosed by a fence and gates with plantings along the sU'eet. Fact. There have been over 35 cars in there overnight, no 25 feet of soil with m-aceful hemlocks, and the fence, gates and plantings are gone, replaced by parked cars and mull/pie access. (three v/olations) ,, \q~lilae bubble showroom at the fi-ont was to have had "grass only between it and ~e Main Road. Fact. F/rst Mullen added two concrete pads for display o,~.~ After getting a hindsight OK fi-om the Town for that, he covered the w hole front with macadam for cars and is now ask/ng the Town for forg/veness for that_ Two dangers here: Drivers cannot see oncoming cars to their fight and pedestrians are in danger of being hit while walking around the cars ~arked on the macadam. (v/olation a~er violation) The car lot on the west side of Cottage Place was to have had a 4 foot high fence fi.om the Video:Store for about one-third the distance to Cottage Place. The parking lot behind this was to have been "customer parking only." Fact. The fence extends all the way to Cottage Place. There are MuIlen cars, not customer cars, at the west end. (two more violations) Shouldn't the Town reverse these violations and deny further expansion? For Mullen has shown he will never comply w/th any site plan. A "goo.cl." neighbor's a,~tions speak louder than words. P.S. Did you know ....... Mullen owns car access to Hobart Road between two residential properties7 He lets one family put the/r child's swing set on it..., for now. Do we want any big business to own from Hobart Road to Locust Lane in our Historic Village? Are we crazy? Could Cottage Place eventually be closed to the public? Are there other hidden horrors? I¢?.~ .H W.P August 4, 1997 Jean Cochran. Supervisor Toxvn of Southold Town Hall Main Street Southold, NY 11971 Dear Jean: As a life long and active and interested member of the community, [ would like to voice my opinion regarding the zone change application from Mullen Motors, Inc. The management of this long standing, (70 years) business has always had the community at heart and their place of business has been steadily improved over the years. In keeping with the population growth in their trade area, they have expanded the facility according to those needs. This expansion has been orderly and in harmony with their Main Road business location. This business which employs several local residents is a viable asset to the community and the request is both reasonable and in keeping with the growth of our to~vn. Dick Mullen, Jr, was tmanimously voted as the 1996 Businessman of the Year by the Suffolk Times which says much about his character and standing in the community. Your interest and attention to this matter is appreciated. Sincerely, Peter Coleman 2105 Deep Hole Drive Mattimck, NY 11952 Raymond W. Terry Jr. ~10 Jockey Creek Ddve P.O. Box 983 Southold, New York 11971 Home Pl~one 516 765 2567 August 5, 1997 Honorable Jean W. Cocluan, Southold Town Hall Main Road. Southol~ New York 1/971 Dem' Jean. After reading Letters to the Editor objec~ng m Mullah Motors ' mques~ for a zone change on Locust Avenue 1 reel I mus~ speak out on their behalf. Al~er doing business with the Mullea~s for fifO.' _~eam I know their word is their bond and they wouldn't do anything to harm the community. In sp~alclng with Dick,. he told me he has retained a land..~ape an:hitect to provide a plan for 5creenm§ a~d improving the esthetics of tiffs plot. I recommend the Town Board approve the Mullen request for a zone change. Sincerely, TeL (516) 477-1500 Fax (516) 477-1504 Mn. J. Mil ls & Co. Sailmakers & Canvas Products Since 1880 A 125-127 MAIN STREET CORPORATION COMPANY 74100 WEST FRONT ST. P.O, BOX 2126 GREENPORT, N.Y. 11944 August 4, 1997 Supervisor Jean Cochran Southold Town Board Town of Southold Southold, NY 11971 Dear Supcrt4sor Cochran and Board M~mbers, This Icier is in support of the z~ne change application by Mullen Motors for rear section of the property known as Colonial Comers. Mullen Motors h~ been providing servicca m the residents of thc Town of Southold for seventy years. This company is an important employer of Southold Town residents. It's support of government and charitable organizaQous within thc town is not surpassed by m~ny. One of thc basic tenets of a business in a capitalht society is that it must grow or it will die. The t~wn cannot afford to have an important asset such as Mullen Motors die. From a practical standpoint it is in my unde~atanding that if Mullen Motors is able to utilize this sim for parking it will reduce fl~e amount of"automobile clutter" on or near the Main Road. I suggest it also will be a safety improvement. From thc standpoint of thc neighbors I shar~ ~eir concerns. However, I txust the Planning Board will require appropr/at~ controls and requi~menm such as screening and access placement m minimize thc impact on thc health, safety, and wcffarc of the ~urrounding neW, ors. I again urge a posi~'e disposition of this application. Sinccrcty, WiIli~m J. Milla BI WJM/mlxn cc: Mr. Richard Mullcn ~ - To Southolders and all whom it may concern, "(We)... have worked hard to be a good neighbor_" Just what does that mean (~,~,Twhen said by a successful businessman? Think about it. Make a list even. hat statement was made by Mullen. But is he? You be the judge. Mullen Motors has perpetrated a long list of site violations, acts on his property against the Town's specific orders. Acts that most of us knew nothing about. Good neighbor? You be the judge_ Permission was granted for Mullen to add the car lot behind his building along Cottage Place, with these conditions: (a) it was to be used for employee parking only, (b) there was to be a 25 foot buffer of 27 hemlock trees between Mullen and the neighbor's valuable property, and (c) it was to be enclosed by a fence and gates with plantings along the street. Fact. There have been over 35 cars in there overnight, no 25 feet of soil with graceful hemlocks, and the fence, gates and plantings are gone, replaced by parked cars and multiple access (three violations) \cltl~he bubble sho~rroom at the front was to have had ' grass only between it and ~e Main Road. Fact. First Mullen added two concrete pads for display ,l~f4*.~ After getting a hindsight OK from the Town for that, he covered the w ~ - l ole front with macadam for cars and is now asking the Town for forgiveness for that. Two dangers here: Drivers cannot see oncoming cars to their right and pedestrians are in danger of being hit while walking around the cars parked on the macadam. (violation after violation) The car lot on the west side of Cottage Place was to have had a 4 foot high fence fi-o~n the Video' Store for about one-third the distance to Cottage Place. The parking lot behind tl~s was to have been "customer parking o~fly." Fact. The fence extends all the way to Cottage Place. There are Mullen cars, not customer cars, at the west end. (two ~nore molations) Shouldu't the Town reverse these violations and deny further expansiou? For Mullen has shown he will never comply with any site plan. A "good" neighbor's a~tions speak louder than words. '~d'~.&.~_'~ ~./, ,(O'~,_/rz~'~'¢~,Heleu W. Prince P.S. Did you lmow ....... Mullen o~vns car access to Hobart Road between two residential properties? He lets one family put their child's swing set on it .... for now. Do we want any big business to own from Hobart Road to Locust Lane in our Historic b'illage? Are we craav? Could Cottage Place eventuall, v be closed to the public? Are there other hiddeu horrors? ]~?'.1 H-WP 572 Walt Whitman Road Melville, NY 11747-2188 August 5, 1997 RECEIVED Reevaluation of EAF Richard F. Mullsn III and William Mullen Zone Change Application SCTM No. 1000-62-O3-22.1 & 24.1 Dear Nelson, Pope & Voorhis, Residents of Locust Lane and the general Founders Estates neighborhood, were horrified not only by the cutting of the trees, but also by Mullen's plans for expansion. Most residents had no idea Mullen was planning to expand onto Locust Lane and Main Road. Residents have already compromised in the past with the dew~-zoning of Colonial Cernsrs from Residential-40 to Hamlet Businsss. Reluctant residemts were persuadsd by the argumsnt that Colonial Cormers would not alter the essential character of the residential neighborhood, and be im keeping with the beautiful, historic 1640 village. W~ CAN NOT COMPROMISE AGAIN. Question #10 of your review sites that ~ jobs will be eliminated by this project. Mullsn Motors "...opportunity ~o comstruct parking facilities on these lots in the ~uture..." jeopardizes these ~ jobs (see photo collag~ #1). We are extremely alarmed that the Town Board never got to review your first study before the ~isastrou~ tree cutting am~ bulldozing of " ...sugar maple, sumac, mulberry, common chok®che~'~y, box el~er, homey- suckle, and wild ros~ "and "...graese~, shrubs, Norway spruce and gray birch." In your first report question #5 asks, "Will amy mature forest (over 100 years ol~) or other localiy-importamt vegetation be remove~ by this project?" The answer was "NO". The phe~oe show am absolute ~isregar~ for the enviro~memtal considerations in your E.A.F. amd the cuttimg of 300 year old trees (see photo collage #1). The loss of this aesthetic resource is horrible emough. But we w&mt you to see how his operatioa has already impacted our meighborhood. Before you revisit the damaged site om Locust Lame, we ae residemts feel it ia imperative that you examime ~he impact Mullem Motors has already had om Cottage Place amd the surrouidimg resldemtial meig~borhood. Curremtly existimg om the premises of Mullem Motors Imc. is violatiom after violatiom. First - No buffer Zome betweem customer parkimg ia r&a~ amd residemtlal property. Site lacks 25 ft. of soil amd 27 6 ft. hemlock trees required by 1987 mite plam. Buffer zome is soley provided by the adJacemt resi- demt.(see photo #1). Secomd - Gates, sigma, amd plamtimgs required for Employee Parkimg Omly om east side of Cottage Place are miseimg. Agaim, resi~emt provides buffer zome, two-story hedge (zee photos #2 amd #3). Third - Repai~ activities takimg place om site zOmed for Employee Parkimg 0mly momopolize,.residemtial street. Noise imfractioma iaclude car alarms, rewimg emgimes, bamgimg tools, teJt drivimg amd parkimg cars om residemtial street. Noises/like ~eJe-ca~ mot be buffered by amy foliage. This im mot a quiet shop with imsids activity that cam be visually or audibly buffered by foliage (mee photo #4). Fourth - Umcapps~ hight lights violate site plam of 1987 (see photos #5 amd #6). Noise by day amd harsh lights at might create commta~t aggravatiom to area resi~eats. Fifth Fromt display wimdow ~as imsufficiemt fromt yard. Display cars violate 50 ft. setback from imtersectiom. Driverm emergimg Maim Road cam hot see omcomimg traffic, creatimg damserous comditiom. No gra~se~ ar~a as required ia mite plam, No sidewalk for customsrm or pedestriams. We must walk alomg edge of Rt. ~5 (see photo #7). Sixth - 25 ft. buffer missimg alomg Maim Roan (see photo #8). Loss of aesthetic here. Sevemth - Ugly chaim~li~k remco extemds 7 ft. beyomd atone property marker (see photo #9). Agaix, mo pedestriax sidewalk. Im-light of these degradimg activities ami conditions, the appropriate a~sw2r cam be a positive declaration. It is also very stramge that 3 working Nays after your evaluation was received on July 9th, the trees were chopped and property bulldozed July 14 ann 15th without examimatiom or permissiom from Somt~olN Tom BoarN. Everythimg Mullem Motore has addeN to ite operation from 1983 omwarN, hae bee~ under variance or special exception. The violatiom of these variances has altered and errodsd the easemtial character of our neighborhood. A Poeitive Declaration must be given. Yours truly, ~Walter Sa~ford Jeam Sa~for~ Melanie Samforl Julie Samford RECEIVED AUg 6 1~97 '~°uthold Town Cl~rl~ 'i I'1 /:/!" August 5, 1997 MRS. JEAN COCHRAN, SUPERVISOR TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-4642 Dear Jean: I have been following, with interest, the matter of the Mullen family's attempt to secure a zone change which would allow for the planned expansion of their business enterprise on the Main Road in Southold. After having tried to understand the pros and cons of this project, I feel that I should write to you to express my views. I believe that there are two sides to every issue, and that both must receive equal consideration in order for an educated decision to be made. We all know that Mullen Motors is one of the oldest business establishments in Southold Town. The Company has provided many families here with a good decent living. Its owners are a fine family of hard working individuals whose actions both in and away from their business have exemplified dignity and class. The Mullen's are lifelong residents of Southold. They have a proven track record of giving back something to the community and would want no more to harm the beauty that is the North Fork than anyone who truly cares about this area. If we looked back over the history of this business, we would see a much smaller operation in the beginning. However, due to hard work, the Company has succeeded and grown. Over time, improvements were needed and were made. This had to happen. Nothing ever stays the same. Yes, the facilities have grown, but the improvements do not strike one as being out of proportion for the area. They never have and probably never will. As I have said before, the Mullen's have to live in our community too. This is precisely why I feel that the Mullen family will do what they have to do to deal with their current space needs, but will also do it in such a way so that one would think that the improvements were always there or always belonged there. I urge you and the members of the Town Board to look at how the past history of Mullen Motors has transformed into the present and believe that the future will hold no greater harm to Southold Town should this zoning change be allowed to take place. cCarthy anagernent, lnG. Mrs. Jean Cochran, $outhold Town Route 25 Southold, NY 11971 August 1, 1997 Dear Jean, I am writing this letter in support of the Mullen apolication. I believe that this application should be able to proceed and be dealt with in a manner that is as consistent, honest and fair as the Mullens' themselves. Although this project is not in my backyard, I feel that mitigation measures can be instituted to assure the privacy of those that surround this site. It is indeed a sad day for the Town of 5outhold if we can not bend within our means to accomodate an employer of our neighbors, a service to our community and the type of peoole that make up the backbone of our Town. Thank you for your consideration. Sincerely. -- '7 Thomas J. McCarthy~''-~ tim/ mcmanage/mulzon Paul V.V~Lurphy~ ~.0. Box 735 Mattituck L.I., NY ~s. Jean W. Cochran, Supervisor Southold Town Hall P 0 Box 1179 Southold, LI, NY 11971 August 4, 1997 Dear Supervisor Cochran, ?y family and I have known 'Dick' Mullen for many years~ both socially and through business. We know 'Dick' as a kind, honest and fair person---giving generously to most all worthy causes that effect the life and well being of $outhold Town. [~. Mullen and his business, Mullen Motors have always been a true asset to Southold Town. Improvements and additions to the business have always been well thoug~r out;--for the benefit of the town and his immediate nieghbors. The enlargement of the Parking Areas makes good sense .... less traffic on ~he roads, safer streets, etc, etc(it even might increase the Tax Base). ?lease listen and heed to what Mullen Motors are re- questing--its to everyones advantage. Thank you for your considerations. ~lease show to To,~n Board Members cc: Mullen Motors P~u~l '~ Murphy DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK ROEERT /. GAFFNEY SUFFOLK COUNTY EXECUTIVE MARY E. HIBB~I~D, M,D.. M.P.H. August 1, 1997 Judith Terry. Town Clerk Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold. Next, York 1197 l Re: SCTM #: ' Richard F. Mullen and William H. Mullen 1000-62-03-22.1, 24.1 , Ug 5 1997 S:X dd l'o ,n Dear Ms. Terry: The Suffolk County Department of Health Services (SCDHS; "Department") has received you letter. concerning the above-referenced project. The Department has no objection to your designation as lead agency. Based on a review of the subject coordination, the Department offers the following comments. Suffolk County Sanitary Code Considerations: In the event that the petition for a change of zone is granted for this commercial project, please note that a parking lot expansion for the dealership would not require an application to SCDHS. However, if there is a change of commercial use in any of the existing buildings in "Colonial Corners" an application would be necessary. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at g52-2741. SincerelyT,-} Mark J. Reuschle Environmental Planner Office of Ecology MJRJamf cc: Vito Minei, P.E. Stephen Costa, P.E. RECEIVED AU~ 5 19~7 Soutflold Town Clerl~ Port of Egypt Marine Inc ROAD/ROUTE 25/SOUTHOLD, LONG ISLAND, NE'~' YORK 1197 .I 515 76.5~_~.--~FA, X 516 765 2592 TOW'~ CLEP~K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS i~L-kNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 4, 1997 Charles Voorhis, CEP, AICP Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747-2188 Dear Mr. Voorhis: The Southold Town Board, at a regular meeting held on July 22, 1997, adopted a resolution engaging your services to conduct a supplemental environmental review with regard to the petition of Richard F. Mullen III and William H. Mullen for a change of zone. We are now in receipt of the review fee, therefore, the Town Board would like you to commence your review. Copies of correspondence that has been received since the petition was filed are enclosed for your information. If you have any questions, please do not hesitate to contact me. Very truly yours, $outhold Town Clerk Enclosures cc: Jennifer B. Gould, Esq. Mr. and Mrs. Daniel Jones 925 Town Harbor Lane Southold, NY 11971 Southold Town Board Southold Town Hall 53095 Main Road Southold, NY 11971 RECEIVED ,UG 4 1997 Southold Town Clerk August 1, 1997 Dear Southold Town Board Members: I am writing this letter in regards to the situation that has recently occurred within the Colonial Corner/Mullen Motors area. Daniel and I purchased our Town Harbor Lane home two years ago_ We moved ~om 1865 Youngs Avenue specifically to avoid the traffic and light business zoning laws that were in effect for that area.. The fact that beautiful trees were cut down (what an eye-sore!!) on a private, residential street to make way for yet another Mullen lot concerns us tremendously. As it stands, the neighborhood has been extremely tolerant of MuHen and their test drivers using our road. If they need more space,they should think about re-locating. I have been teaching in the Southold School District for twelve years. I am currently teaching fourth grade, and with its focus on local history, find myself speaking with passion and pride about neighborhoods such as ours. If you allow this to happen you will compromise the integrity and uniqueness of this wonderful area. Please consider the feelings of the local homeowners when deciding the adoptions to hamlet business districts for 1997. Thank you for your consideration. JENNIFER B. GOULD Attorney at Law 828 FRONT STREET P O BOX 177 GREENPORT. NEW YORK I 1944 TELEPHONE' 516-477-8607 FAX 516 477 0130 Ms. Judith Ten-5' Southold Toxvu CIetk P.O. Box 1179 SouthoM. NY 11971 RECEIVED AUC 4 1997 Southold Town Clerl~ July 3 l, 1997 Re: Supplemental El~xSro~maentalRexSew of Mullen Zone Change Application Dem' Judy: Pursuant to the To~n Board's resolution of July 22. 1997, enclosed please find a check in the amotmt of $500.00. payable to the Tox~a of Southold, to engage the services of Nelson, Pope & Voorkis fbr the pm¥ose of conducting a supplemental emh'onmental review in tins matter. VEL-,' tnfly yours, JeHnifer B. Gould enclosure RECEIVED JUL 2 9 1997 Southold Town Cie& O-~,r- i%. $ i ~cc~-e i:o..% RECEIVED JUL 2 Soutftold Town Cler~ RECEIVED dUL 2 9 1997 Mr. and Mrs. Daniel E. Jones 925 Town Harbor Lane Southold, NY 11971 Judith Terry Town Clerk Southold Town Hall 53095 Main Road Southold, NY fax: 765-1823 July 28, 1997 Dear Ms. Terry, I am writing this letter in regards to the situation that has recently occurred within the Colonial Comer/Mullen Motors area. Daniel and I purchased our Town Harbor Lane home two years ago. We moved fi.om 1865 Youngs Avenue specifically to avoid the traffic and light business zoning laws that were in effect for that area. The fact that the town has allowed Mullen Motors to cut down those beautiful trees (what and eye-sore!!), and is considering the lot for another Mullen car lot concerns us considerably. As it stands, the neighborhood has been extremely tolerant of Mullen and their test drivers using our road. If they need more space, they simply should move to another area on the Main Road! I have been teaching in the Southold School District for fifteen years. I am currently teaching fourth grade, and with it's focus on local history, fred myself speaking with passion and pride about neighborhoods such as ours. If you allow this to happen you will compromise the integrity and uniqueness of this wonderful area. Please consider the feelings of the homeowners when deciding the adoptions to hamlet business districts for 1997. Thank you for your consideration. Sincerely, i l~ille,J~°nes TH~ TNK S°OT TEL:S16-?65-~?67 Jul 28,97 9:23 No_O02 P.O1 RECEIVED JUL 2 ~ 1997 Mr. an dM~.DanieiE, Jones 925 Town It arbor Lane Southold, NY 11971 Judith Terry Town Clerk S~uthold Town Hall 53095 Main Road Southold, NY fax: 765-1823 August 27, 1997 Dear Ms, Terry, I am writing this letter in regards to the situation that has recently occurred within the Colonial Corr~r/Mullen Motors area. Daniel and I purchased our Town Harbor Lane home two years ago. We moved fi'om 1865 Youngs Avenue specifically to avoid the traffic and light business zoning laws that were in effect for that area. The fact that the town has allowed Mullen Motors to cut down those beautiful tre~s (what and eye-sore~l), and is considering thc lot for another Mullen car lot concerns us considerably. As it stands, the neighborhood has been extremely tolerant of Mullen and their test drivers using our road. If they need more space, they simply should move to another area on the Main Road i ! have been teaching in the Southold School Dislrict for fifteen years. I am currently teaching fourth grade, and with it's focus on local history, find myseff speaking with passion and pride about neighborhoods such as outs.If you allow this to happen you will compromise the integrity and uniqucness of this wonderful a~ca. Please consider the feelings of the homeowners when deciding the adoptions to luunlet business districts for J 997. Thank you for your consideration. Sincerely, Lucille Jones JUL 2 5 1997 [ To Sou~oiders and all whom it may cencern: AEROTECH PUBLICATION Our land between the ]]ay and the Sound is precious to all of us and any changes should be in the best interests of all. The proper growth of the town should take precedence over the avoidable expansion, of any large business within the village. Mullen Motors has a good name and enough visibility as things are. There is not enough space for a monstrous expansion along our village street. Such an endeavor belongs on the outskirts of the town where cars and trucks are more maneuverable. Business executives dream of expansion, but we mustn't let our citizens wake up some future tomorrow with their village mottled and pitted with a patchwork of sprawling modern enterprises. Let them start now to stretch out on "our own Route 58" for unfortunately Mullen's proposed expansion still wouldn't be large enough for what they envision, nor for competition with Ford. It is a "make-do" proposition. They would continue to arab yet more property south of those holdings as householders' homes become depressed and available- Colonial Corners is a somewhat charming addition to our town- We don't want to see it razed and all the acres there and behind it surfaced with macadam and have to look at a sleek building and monotonous rows of cars when we drive through our village. Once the property is downgraded, anything can happen: an ugly conglomerate of rusting second-hand cars or ploppings of concrete cesspools could spring up. Downgrading would open the door to downgrading all over the village. Do we want our Main Road through Historic Southold Village to look lake Route 58 in Riverhead? Do we want to have our small businesses ripped out and replaced with acres of macadam and ears along the highway which others are trying to beautify with tree plantings? Do we want villagers leaving our beach at Founders landing to have go through or around a complex of car lots. IF NOT~ ,DO SOMETHING! STOP THIS KrND OF "PROGRESS." PAGE 02 07/25/19~7 ~5:00 516~765-0350 AEROTECH PUBLICATION PAGE Founders Estates Access and Egress For years ! have been intending to complain about the encroachment of Mullen Motors onto Cottage Place, making the road between their car park and showroom dangerously impassable for pedestrians, bicyclists and autos exiting or entering the Main Road. There is a corner-stone on the Main Road along the fence on the west side of Cottage Place. The Mullen Motors fence encloses about seven feet of public domain along Cottage Place that should be a pedestrian walk for the public's use. On the show-room side of Cottage Place, cars waiting t~ be serviced are parked at a 90 degree angle with the road, and extend out to the public road. Then more cars come along and park parallel with the road on both sides, making it necessary for two-way traffic to take turns getting past Muilen Motors. It has been a problem for years, causing residents of Founders Estates to detour to the Main Road by way of Town Harbor Lane for: (l) Hobart Road of necessity has to be one-way because of the slope and configuration of the cross road; (2) Cottage Place is the disaster described above; (3) Thc very narrow Locust Lane is set at a bad angle with the Main Road and is already difficult to traverse because of the Seven/Eleven traffic. ~ Helen W. Prince 07/25/1~? 15:00 516-765-q359 AEROTECH PUBLICATION PAGE Bi FiX Date: 07/25/97 Number ofpa~ including covar aheet; 3 To: MR~ JUDITH TE~RY (TOWN CL~,CI~ Phone: Fax t~hon~: 765-1523 CC: ~ MA~TIH Ph. ona: $16-765-937~ Fax photo: 516-765-9359 RgMARKS: ~ Urgent [] For your review [] I~plyA~AP [] Please comment DE.~R M~S, I AM ~'AXING TO YOU A LETTER FROM MI~. ~N W. PR.II~C_~ ON FOLINDI~R~ PATH IH FOUNDER~ F, STATES CONca:~glNG THIS DOWN ZONIHG OF THE PROPP-&TY ~ COLONIAL COR,,NIBR~ AIn'D TrlE OLD LUCEY PROPF. RTY IS LOCA't'~D ON LOCUST LA_,x~_ PLEASE PASS THI~ L~t-iiaR, TO SUPI~RVISOR ~ AND ~ TOWN BOARD ~I~1~, FOR THEIR REVIEW. I WILL BRING ~ ORIGINAL TO THE OPEN I~,~-~ t h'~G ON T'rlI$ SUBIBCT. SI31CERBLY FRED MAKTIH I JIJD~H T. TOW~ C~RK REGISTP~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS IVLkNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD July 24, 1997 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, New York 11944 Dear Ms. Gould: The Southold Town Board, at a regular meeting held on July 22, 1997, adopted a resolution engaging the services of Nelson, Pope & Voorhis to conduct a supplemental environmental review with regard to the Mullen change of zone petition. The $500.00 cost of the review is to be paid by the Mullens, and must be paid prior to the consultants commencing their review. Please remit a check in the amount of $500.00, payable to the Southold Town (Jlerk, at your earliest convenience. Thank you. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosure RECEIVED JUL 2 4 1997 7/22/97 TO: HON. JEAN COCHRAN, SUPERVISOR TOWN OF SOUTHOLD TOWN HALL MAI~- ROAD SOUTtIOLD, NEW YORK 11971 FROM: FRED & LINDA MARTIN P.O. BOX 680 SOUTHOLD, NY 11971 DEAR SUPERVISOR COCHRAN: THIS LETTER IS IN RESPONSE TO A DOWN ZONING CHANGE REQUESTED BY BY RICHARD F. MULLEN IH AND WILLIAM H. MULLEN FOR PROPERTY DESIGNATED ON COUNTY MAP AS I000-062-03.00-022.001 AND 024.001 ON XUNE 4, 1997. AS A HOME OWNER IN FOUNDERS LANDING ESTATES (815 OLD SHIPYARD LANE) I AM TOTALLY AGAINST THIS DOWN ZONING, TO PLACE MORE PARKING .&REA FOR MULLEN MOTORS IN A RESIDENTIAL NEIGHBOR.HOOD, WHICH WOULD HAVE MULLEN MOTORS RUNNING ALL THE WAY FROM THE V~DEO STORE TO 7-11. (ASSUMING THAT JUNIE ALBERTSON TEARS DOWN COLONIAL CORNERS AS RUMORED). IS THIS GOING TO TURN INTO ROUTE 58 IN RIVERHEAD? I REALIZE THAT DICK MULLEN AND HIS SON'S H~&VE A BUSINESS TO RUN AS I DO, BUT NOT AT THE EXPENSE OF THE PEOPLE WHO LIVE HERE. I WOULD LIKE TO IGNOW WHO AUTHORIZED THE CUTTING DOWN OF THE TWO (2) PINE TREES ON THE FORMER LUCEY PROPERTY (WHICH FOR INFORMATION PURPOSES WAS ON THE NATIONAL HISTORICAL REGISTER?) WERE THESE TREE'S ON RIGHT OF WAY? I EAGERLY LOOK FORWARD TO HEARING FROM YOU AND THE TOWN BOARD. MY PHONE NUMBER DURING THE DAY IS 765-9375 AND OUR FAX IS 765-9359. FRED & LINDA MARTIN cc: MRS. JUDITH TERRY MR. WILLL-~I MOORE JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 7({5-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 22, 1997: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope & Voorhis, LLC, at a cost not to exceed ~;500.00, to conduct a supplemental environmental review with regard to the petition of Richard F. Mullen III and William H. Mullen for a change of zone; cost of said review to be paid by the applicant prior to the commencement of the review. ,~/ Judith T. Terry ~ Southold Town Clerk July 23, 1997 FOR DISCUSSION JULY 22, 1997 RICHARD F. MULLEN III and WILLIAM MULLEN CHANGE OF ZONE PETITION. REVIEW OF THE E~I~IRONMENTAL ASSESSMENT FOR BY NELSON, POPE ~ voo. HIS, LLC. ~Tt~I~I- TOWN BOARD DECLARATION - NEGATIVE OR POSITIVE. NELSON, POPE & VOORHIS, r' LC JUL 9 1997 Southold Town luly 8, 1997 Ms. Judith Terry., Town Clerk Southold Towfi Board Town HaIL 53095 Main Road PO Box 1179 Southold, ~ 11971 Re'- Review o f EAF Richard F. Mullen Ill and William Mullen Zone Change Application SCTM No. 100042-03-22.1 & 24.1 Dear M.s_ Te~.: As per your request, we have completed a preliminary revtew of the above referenced zone change. Ta~ks and co,.uleted acriVmes are as follows: 1. ReWew Part [LEAF The parcel has been field respected by NP&V, and the LEAF has been reviewed and amended as aecessmy. A copy of the same is axtached. eva varr Lr LEAF The Pail Il ~ ch~kli~ 11~ be~n comple(tgd and is also ~rr~,'hed. Additional information conc~,,,;,,a our findingn is included below. 3. Environmental and planmng Conxideranons The parcel has berm msPented and envn'Onmemal ref~muCes conCerrn.g the sim and ama have been commlted. The sm: comnsts of 1.2484 acres of land in the hamh~t Of Sollthold in ~ TOWII of' Soothold_ The subject site is locau~[ ax the comer of NYS Route 25 and Locust Avenue The site has apprcvrimarvly 199 feet of I',ua[dgc along the south side of IffYS ~ 25 and 285 fe~t of fi'omage along rbe west side of Locoxr Avenue. There are currently 5 mctures lo~ecl on SCTM Lot 22.1 which are used for various commercial purpose~ and are colleCUvely kno~u as :'Colonia/ Comers". Tax map. Lot 24.1 locazed just soufla of 22.1 ~ curremly w~,,* and se~es as overflow palSnng ilar the stor~s to the north- The area of tim sm: is z~ned Hamlet B~ (HB).on tax map Lot 22_1 :and Low ~ Res/,t,=-ri:,l (R-R)) tm tax map Lot 24.1. 'rim ~,,u~:~fl aenon m'ml~ .4,~i?'g ~ ...,;,,g of Mullen Change of Zone ~ Review these lots to a G~netaJ Business (B) disu-ict. Tiros will give Mullen Motors (located adjacent to both lots on the west side) the opporUm-~.· to consu'act park-/n~ facil~es on these lots in the futta'e. The prOject spom~r ~.,,' owas a;)proXa'na.mly 0.g3 acres to the wesg con~guous with the subject site and encompassing tax map Lots 19 and 20. The ~bject sr~ is flat, and there are ao wetlands or other si~ificam lundforms m the vicinity. The soil on the si~ is ~,.ri,~ly Haven L~,,, slopes 0-2 perc~. The soil series is su/table for developmem, with good le2~.hfiag pot.~ll~l. Although-Hav~l seile ~ shsllow sfop~ ~ not cl~s~fie~[ ~ groups 1-4 of the NYS Agriculture I.~nd Classi.ficalaon SysIl:lll, they. a.~ .~d.ile agllculBl.ral soil& The project site is rather small a,,a tbe soils are ~ ther~ore, agricultural use of soils is not viable an the subject _. Water to the property. ~S supplied by the Greex~por~ mumcipal .system. The elemon of groundwater bonearh the subject sm~ is 0-3 feet above mean sea level (msD according to the 1995 SCDHS Water Table map. The topographic eleWanon is appro.x:nxhately 25 feet above ami. Therefore, the minimum depth m groundw,~r is 22 feet, wtach provides a sufficient depth for a fitmre parking lot or other pot~n~l oJma~rcial uses. If a park~g lot is comqxucted in the future, storm water wood be recharg~ through tbe ,,~e of ch~. welts. The subjecx san is located ~xthin the Waxer Budget Area as mapped by the Suffolk County Dcpanmem of Heal~ sermces (SCDHS). The Water Budget Ama includes locations ~aere the potenmal for large public water supply wells exasts. The sublect sm~ is loc, axed within the SCDHS Groundwater Management Zone IV and according to the North Fork Water Supply Plan (ER.M-Northeast, Camp Dresser & Mc. Kee., 1983), the area has beam si?ificantly knpacl~d by aldicarb (concemxations over 7 ug/h This should act pose a conSU-amt ro srre use as public water will be exmnded to the sr~, Apprommalely 0.87 acres of the subject sm: is dsvelopet[, comprising 0 6 acre of marls and buildings and appro?mmately 0.27 acres of landscape vegetanon .such as grasses, shrubs, Norway spruce, and gray birch. The remaining 0.38 acr~ is dense[y ~ Cgnrainlng species tach ~ sugar maple, ~mac, mull:l~l'y, conllllon chokecherry, box elder, hon~.mclde, and wild rose. Sc~xttered household garbage was also presem in chis axea. The land use in the vic/~y of tho me is pmdominamly Flamlea Business (I"IB) to the north and east, Low a~my r~ndmmal 01.40) to th~ scuds, am[ General Busings 05) m the west. The ~,,~l town ~ of Som:huld ~hould be mmsid~a~d if · p-rl~5 lot is proposed m the famm. Them may be SOIlle conflit~t petxalmn~o ro ~ loss of ag~l~ag~c rll:5Olllr.~ (1~ _fores[~[ potlJ, oll of thc lalld, loca~g21 pt:,,,.arily OI1 ~ map Lot 24.1), and the local rl~identlal Cm"rl~y, file foll~l, pot'lJ, on of rdle ~ provides a ~ for many re~idl~15 to the acti~l~e5 of the car amlership The forested pomon lies adjacem to tax ~ Lor. s 17. 18. 19, 25, and 26, where dwelling units ~ ~-x_ Across Locust Ave~me, to the east. tax map Lo~ 35 and 36 have fi'ootage directly oppos'tm of the forested axea. The rezomng of the K40 portion of the site is an intrusion into · e aeighborhood and should be mi~o~r~l through flue remmaon of vegct,mon, land~ca~ screening, and rnaLmemance of some serback between ~ r~mderrnal and commercial use. Also, ifa new parking lot asexl m store ,4,-~1~ zap, sim lighl:i~g may ~uude on the cc ....... amty chxring mghtlSme hours and should Mullen Change of Zone £AF l~x-iew In summao.-, the~ ts limited potential impact by changi~ the zoning ofta.x map Lot 22.1 fi'om Hamlet Business to Gameral Business which can be mi~imi-ed throttgh setbacks, landscaping, lighUng re~-mClaons, and proper sm: planning. Thc primary c~:mc.~rn is the potential land use disparity, and loss of ae~etic resources, in the residential area so,nh o£the Main Road. If the Town is favorable to this zone c~aange thc~ ~ some common m~rioa praclacca rccoum~nded. Ftz~, an as~quatc buffer v~W~fi~ (for example Norway spruce, which is already present on the paz¢cl) for landscaping purposes wou~d erca~ a seres, even daring winter moz~ths. Finally; ligh'dng restrictions should be If you have ~u~ ques~ons or wish any further input with rcgurd to this ,,~-~-, please do not hesimxe to -,:,all. Charles J. Voorhis, CEP, AICP Nelson_ Pope & Voorbis. LLC euc: Long EAF Parts Mullen Motors ~ Southoid Change Of Zone Application Southoid, New York Town of Southold Project Description: Th/s project involv~ a ~ha-Ee of zone from Ham~ Bu~i~ (HB) on t~x map Lot 22 1 and Low Doxsit'y Resickamal CR-40) on tax m~p Lot 24.1 to C.~aeral Bttsmess (B). Lot 22.1 ~ ha~ 5 ~-x~'i~g m'uc'aLr~ ~h=t a.~ c~llec~wly kaown as "Colonial Commons". Lot 24.1 is cummfly w~n and is s~'~rmg az o~ca~ow park~ for ~he s~orcs on Lot 22.1. The tot, al acr~ge ofth~ pmjec~ is 1_2484 acr~. The subject si~ hz~ appmxim~ly 199 feet of ~ontagc along the south kide ofNYS P. otrte 25 and appro,n~na~ly 285 feet along ~he wast side of Locust Avenue m Son'told. Due ra rite unc~"~Y of hmue land use on this property, ~ LEAF was co~l~ c~ide~ o~y ~e z~e c~. · my ~ ~ ~ ~ on ~ pmj~ ~ m ~e ~, a ~ L~ ~o~d be ~ c~ ~c ~ p~ ~o~ ~r ~ ~ ~ by ~e 1~ ~cy m ~,inE a ~i~non of ~i~. 617.21 Appendix A State Eoviroomenlal Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The furl EAF ~s ~esig~ed :o help aopiicants and agencies determine, fn an orderly manner, whether a project ar ac:ton may be signl[[C~nL The quesdon of whether an ~ctien may be significant is not ~[ways easy :o answer. Frequent- h/. there are aspec~ at a proiec: that are sub,et:ire ar unmeasureab(e. It i~ also undersCoad that :hose who determine signfficanc~ may have little or no formal knowledg~ of the environment or may be :ethnically e~oe~ in environmental analysis In ~ddition, many who have know{edge in one pz~cul~r area may not be zware of ~e broader concerns zffectin~ the quesdon o~ significance. The Full E~F is in:end~ :o provide a me~hod whereby applican~ and a~encies can be assured that ~he determination. process has be~n orderly, comorehensive in nature, yet flexible ca allow introduction o~ information :o fit a proiec: or acdon. Full EAF Components:. The full EAF is comprised of three parts: Part 1: Provides obiec'dve data and information about a given proieet and its site. By idend~'/ing basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and ~. Part Z'_ Focuses on identifying the rang, e of 0ossible impacts :hat may occur From a 0roiect or action. (t provides guidance as co whether an impact is likely to be considered small :o moderate or whether lC is a potentially- large impacL The ~orm also identifies whe~er an ~mpac: c~n be mmtigated or re~ucgd. P~rt 3: If any impactin Part2isid~ndfied as DotentiaHy-~arge. then Pzrt~ isused :o evaluate whether or not the impact is ac~ally imDortanL DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted ,Actions Identii,f lhe Portions oi EAF comoie~ed ior this ~roiec:: ~ ~rt I '~ ?~r~ Z ~P~r~ ~e~d ]~enc'/ thac .~. The ~rmect ..*iii nec result ,n ~n,/ large ~na imDor~anc ;moacqsl ~nd. ~herefare. ]s erie which wdl not have ~ ~ignificant moac: en me enwranment, therefore i negative Jet]ar=tiaa will be prepared. 3. Although the prolec~ could have a significant effec: an the en,,~ronmenL :here ~,lm ~o: be a s~gnific~nc e~fect for ~is Unlisted Action becguse the mitigation measures descnbe~ in P~RT ] h~ve 5e~n required. there~or~ ~ CONDITIONED neg)live declination will be C. The project ~ay result in one or more large and imoo~nt i~o~c~ that may have a on the tnvimnmenL therefore ~ ;asilive declaration will be ~repared. ' A Conditioned Negative Oec~aradon ~s only valid for Unlisted Ac:ions Name o~ Ac:ion Name oi Lead ~genc',' Tide of Responsible L?tfic.=r PART 1--PROJECT INFORMA~tuN Prepared by Proiect Spo NOTICE: This document ~s designed to assist in determimng whether the action proposed may have a significa, nt eft on the environment_ Ptetie camole[e the entire farm. Par~ A through E Answers to the~e questions wilt be conside as parr of the application for aooroval and may be sub~ect [o further veriiicadon and public review, Provide any ~ddidc in~orma[ion you believe wd[ be needed ~o complete P~ 2 ~nd 3. I[ is expected that completion o~ bhe luff EAF will be de~enden[ on information currendy evadable ~nd will not inv( new studies, research or investigation. I~ information requirin~ such additional work is unavailable, so indicate and sDe. Richard F. Mullen III & William ~1- Mullen Zone Chan~e AoolicaCion LOCATION OF: ACTION (Inc:luc~e $1reet Adareas. ~un,cil~aln¥ ,ne Caunefl SOT1'1_ ~ ' s L000-6Z-3-22.1&24. i M~aJn Road, $ouchoid, NY 1197[ Town of Souchold, County' of Suffolk Richard F. Mullen III & Wiliiam ~. Muilen (516~765_356/. c/o Mullen Motors, Inc. P_O. Bo~ [408 23275 Water Circle, Boca Ra~on, ~ 33a86 (AWA) c~,PO [~.,,'.' coca Ferr7 Road , Sag Harbor .NY L:963 (DBK) I iopiicax:s r~ques; zone change of subject premises frsm BB and R to B t2 per~v~:i, use of sail vremises b7 MulLah Moc2rs, inc_, an automcbi!e dealer~hlp and ~er-.-~ce can:er. Please Complete Each Question-Indic:re 'q.A. ii no( aoolicabie A. Site Description Physical ~ettlng o~ overell protect, born :eveiooec ~nd ~ndeveioped areas. ?re~.en[ land use: ~'brban ~[ncus~nai ~Fores; '~.*,g,cuJtur e Total acreage of ;roiect ~re~: [, ~&84 acres. APPROXIMATE ACRE,&CE Meadow or B~shland [Non-agricuitura[~ Forested Agricultural (Includes orchards, c;ooland. ~asture. ~tc ] wetland (Freshwater or [idol as Der .&r(ic[es ]z. ]S of ECLi Wa[er Surface Area IJnve~e[~[ed (Rock_ earth or fill) Roads. buddings ]nd other Dared iurfaces '~her ,Jnaic~(e ufpe) ~; '~' ' -~ - ~Other ..... PRESENTLY AFTER COMPLETIC a Sod drainage: ~Wed drained 100 % oi ute ~:MocJerateiv ,,veil aralned ~4, o~; site ~Poorlv drained % of s~te L~nd Classification System/ acr~.~5~ ~ NYCRR 3701. ,q i. '.Vha[ ,s de~th co becrecxl ~ (in ? _'.. - _,?' Approxm~ate percentage o~ , Josed orolect site widl slopes: L"~O_iO*.C · . ~-...~ ~l~?~ or ~reater ,er'~ 6. Is ~rolect substantially C;nt~uous Co. or contain .] ~umldin~. ~ite. or dis~mcL listed on ~he ~tace or the National '~" ~e~is~er~ o~ His¢odc P~ace.? OYes ~No  ~ Is ~roiect substantially c0nt~uou~ ~o ~ ~te listed on the Re~isCer o~ National N~tura[ Landm~rk~ ~Yes :~No 8 What i~ the de~th o~ the water table~ ~ (in feet) unkno~ -water provided by Greenport municip~ 9. Is ~te located over a pdma~, p~mc~pai, or sole source aeuifer~ ~es ~No 10. Do huntin~ fi~hi.g or shell ~ish,m~ opoortumties presently exist m the oroiec: ~rea~ ~Ye~ 19. Ooe~ proiect ~i[e contain any s~ecies o~ plant or animal li~e that i~ identified a~ threatened or endangered~ According to ~P~ ~ ~M~P~C~ ~dentffy ~ach specms 12. Are there any uniaue ar unusual land forms on ~e project iite~ (i.e_, cliffs, dunes, other g~ological formations) Describe 13. [s the proiect site pr~sendy used by the commun~b/ or neighborhood as an ooen space or recreation ~rea? eyes ~No If '~'es. e.-.olain ~4. 0oe~ che ~[e~ent ~ite include ~cenic ,,rows '<~own ~o be imOo[t~nt ~o the c~mmuni~z~ ~Yes 15. Streams w~thm o~ coa~J~gogs ~o project ~re~: a. Name of S~re~m and name ~ River to which ~ is tributary l?. Is :he ~lte ie~ed by ~x~sc:ng public ~'c~llt~es~ ,~F~Yes al ;~ Yes. noes ]u~{icten¢ ;aDacJ~y ex~st to allow conne£tion~ :. Size Lin ~cres) --No ~Yes Section 303 snd ]047' ~Yes '--"_.No o~ ~he ECL. and 6 NYC%R 5177 ~Yes 20 Has the site ~ver been used [or Lhe Jisoosal o~ solid or hazardous wastesf ~Yes ~No B. Project Description - ~o immediac=-, changes co si:e, 1. PhyszcaJ dimensions and scale oi protect [fill in dimensions ~s aoaroor~atet ~'' a- Total cond~uous ac:~e owned ~r con(rolled by aroiec: loansor d. Length o~ ~roiect. ,n ~mies: [1~ ~ooraoriatel Cae ;~mdv Two FAmdv Muluoie Firefly see ac:ached sheec-£aformational ~_ .. rack, earth, etc.) wd[ be removed [rom "e si(e? tonslcub~c yards 3. ,,.yah disturbed areas be reclaimed? ~es C~No [~N/A a. If ,/es. [or what intend_- purpose is the site being reclaimed? b will topsoil be stockpiled for reclamation? ~]Yes F-INa c. Will upper subsod be stockpiled 4. dow many ~cres al vesetnuon {trees. shrubs. ~round covers) will be removed from site? acres. 5 Wile any mature Forest (over 100 'Fears old] or other Iocally-im0ortnnt vesetatian be removed by this project? 6. ff single phase ~roiec= Antici.ated period pi construction ~ months. (includin8 demolition)_ Inumber). month year, (including demolition). I-~Yes I--~NO ; a/ter project is complete ~Yes ,~a If yes. explain 7. If multi-phased: a. Total number oi phases anticipated 6. Anticipated date of commencement phase 1 c. AI3praximate completion date of final phase d. LS phase 1 functionally dependent on subsequent phases? 3. WilJ blasting occur durin~ COnStFUcdonl ~]¥es ~o ~ Numaer of labs ~ener~ed: durin~ .:;nscrucdon 10. Number of jobs eJimin~ced by ~is prolec~ 11. Will Dtoiect reauire relocation of ~ny ~roiec~ or ~aci[ities~ 'i2. Is surface liquid waste ais0osal ,nvolved? ~Yes ,.~No a. ;f '/es, indicate ..wpe of waste {sewage. industrial, etc.] and ]mount ~. Name pi water :oar into which efiluent w,II be discharged ~3. :s subsurfac~ Liqu.d w~s:e disposal :nvolvea? .~es ~No Type '~ 14. Will ~urface area pi in ~xiscing .,racer ~odv increase or .decrease Bv pro~osal~ '~';es o !5. 17 ~9 is prolec; .ar any portion af proleC: located ~n a 100 ,/ear ilaad plum? ~'fes ',Viii :he Droiect generate solid waste? I~Yes ~o a. If ,es. what is the amount per month tans b. If yes. w,il an ~xiszlng solid waste F]c[lit'f be used? ~Yes ~No c If yes. ]ive name ' Ioc:dan d. Will any wastes not ]o into t iewa~e disoosal iys~em or into ~ sanita~ landfill? e_ If Yes, explain "-Yes I~No 'gill the proiect involve the disoosal of solid waste? J-lYes ,~o s_ If /es..~hat [s the anticipated rate of disoosal? tons/month. ~. ',f /es..,vhac is the ~adc:aaCed site ire1 years. Will ~rolecc use herbicides or pesdc:des~ ~Ye5 ~o ',¥i[J aralecC routinely ~roduce odors {more than one hour per c~ay)~ .~."(es .$..Approvals Required: ~ Town, 2'ul;ge 8oard /.~,~es ONo ~ Town.,W;4~l~e Planning Board /.~¥ s, e ~No City. Town ~onin~ Board ~Ye~ ~No Cib/. CounW Health Dep~rtment QYe~ ~No Other Local Agencies ~'fes ~No Other Re~ion~l A~encies ~Y~s ~No S~n~e A~encles ~Yes ~No Federal A~encJes ~Yes ~No Dale Co; C. Zoning and Planning Information 1 . Does proposed action involve a pJanning or zoning decision? I~Yes [f Yes, indict, re decision required: ~zonin~, ~mendment Imzoning variance ~soecJal use permit ~subdivisian ~si(e 9[an . What is the m~imum ;oten(ial de'/elopmenc o~ ~e site i~ de,/elo~ed ~5 permitted by :he oresent 4 ','/hat ms ;he grooosed zoning o~ ~e site? General Business ,Vha[ is the m~imum po(entJaJ deveioomen( of ~he si~e if developed as permitted by the proposed zoningt exiscin ga~.k/~g .Lot on-racBnc loc la.L :rocc.~ ~ct[on cons~sten~ ...,~ L.e recommenaed u~es in adoated ;ocli land u~e ~[ans~ . are the oredom,.ant lan~ ,Scherzi 3usi]ess 9iscrizz',-Ramiec Business Discricc-~-~fl Discric: 3 s the .;rcccsed lc:icn comosclb~e '~~th acljo~nin~jsurrou~ding land uses w,thm i % m*ie! ~'fes ~ f :he gracosed Action ~s the su~aiwsion o~ land. how many Io~ are prooosed~ fire protec~on)? ~Yes ~_ If 'f~_ is ~is~n~ G~O~ci~ ~ufficmnt to handle preiected demane? ~Ys~ ~o 12 'NiJI the pro0osed action result {n :he ~eneratton o~ traffic slgni~icnntlv above o~senc 0. Informational Details E. Verification Part ;. ~ROJECT IMPACTS AND THEIr .GNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be gu,ded by the question: Have my responses and determinations been reasonable.~ The reviewer is not expected to be an expert environmental analyst. · The Examples provided are to assist the rev[ewer by showing types of impacts and wherever possible the threshold pi magmtude that would trigger a response in column 2, The examples are generally applicable throughout the State and for most situations. But, for any specific project or s~te other examples and/or lower thresholds may be appropriate for a Potential. Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site. in each locality, will va~. Therefore, the examples are illustrative and have been offered a.s guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term. short term and cumlative effects. Instructions (Read ca-retully) a. Answer each of the 20 questions in PART Z. Answer Yes if there will he any impact. b. Maybe answers should be considered as Yes answers. ¢. If answering Yes to a question Ihen check the appropriate box (column 1 or 21 lo indicate the potential size of the impact. If impact threshold equala or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large i~pact must be evaluated in PART 3 to determine significance. Identih/ing an impact in column 2 simply asks that it be looked at further_ e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small ~o moderate impact, also check the Yes box in column 3. A No response indicates that ouch a reduction is not possible. This must be explained in Part 3_ IMPACT ON LAND Will the proposed action result m a physical change to ,th~ proiect site? ' ~t~NO ImYES ,~xample,~ that would apply to column 2 · ,Any construction on slopes of 15% or greater. (15 foot rise per 100 foot of length), or where the general slopes in the prolect area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction pi: paved parking area for 1,000 or more vehicles. · Construction on [and where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or =nvolve more than one phase or stage · Excavation for mining purooses that would remove more than 1.000 tons of natural material (i.e., rock or sod) per year. · Construction or expansion pi a samtarv !andfill. · Construction ~n a designated floodway. · Other impacts ] '..'Viii there be an effect to any UmClUe or unusual land forms found on the site? {i.e.. cliffs, dunes, geological formations, etc )I~NO ?_YES · _¢oecific [and forms: 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change r~ m~ re, Yes ENo [] [] ~m, Yes [~No I-q [] I'-~ Yes []No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes I IMPACT ON WATER ] will proposed action affect any water body designated as protected? (Under Articles 15, 24.25 of: the Environmental Conservati~'1'Law. ECL) Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dred§ing more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water I~ody. · Construction in a designated freshwater or tidal wetland. · Other impact5: 4 Wilt proposed action affect any non-protected existin_g~" new body of water[' [~C) [~¥ES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease · Construction of a body of water that exceeds 'iQ acres of surface area. · Other impacts: / 5 Will Proposed Action affect surface or groundwater / quality or quantity[' =v'~O ~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit · Proposed .~,CtlOn requires use Of a source of wa[er that does not have approval to ~erve proposed {prolech Ac:ion · Proposed Action requires water supply irom ,,ve[G w~th greater than 45 gallons per minute pumping capacity · Construction or ooeration causing any contam~natlan of a water supply system. · Proposed Action wd[ ~dversely affect groundwater. · Liquid effluent wdl be conveyed o[f the site to facllitle~ ,which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20.0OO gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions, · Proposed Action wdl require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action wdl allow residential uses m areas without wa[er and/or sewer services. · Proposed Action locates commercial and/or ~ndustrial uses whmch may require new or exoansion of existing waste treatment and/or storage ~acdities. · Other impact~:. $ Will proposed action alter drainage flow or pat'tems,,or surface water runoff? ~,lO :~y~cs Examples that would apply to column _~ · Proposed Ac-zion would change flood wa~er flows. 7 1 Sma · Moderate Impact Potential Can Impact Be Large Mitigated By Impact Proiect Change [-~Yes ~--NO ~Yes [] I~Yes .I--INn [] E~Yes [~No ~ ~t~s ~No ~ ~Yes m~No ~ ~Yes ~Yes ~No ~Yes '~ ~Yes '~No ~ ~Yes ~No ~ ~Yes ;~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes '~No ~ ~Yes m~No m~ ~Yes )~No ~ ~Yes ~No ~ ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action ~s incompatible with existing drainage patterns. · Proposed Action wilt allow development m a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quali~ Examples that would apply to column 2 · Proposed Action will-induce 1.000 or more vehicle trips in any given hour. · Proposed Action will result_ in the incineration of more than 1 ton of refuse per hour · Emission rate of total contaminants will exceed S lbs per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development wKhin ex~sting industrial areas · Other ~mpacts: IMPACT ON PLANTS AND ANIMALS $ Will Proposed Action affect any threatened or endange/'~d species? Examples that would apply to column 2 · Reduction of one or more species hsted on the New York or Federal list. using the s~te, over or near site or found on the site. · Removal of any port,on of a crmcal or significant wddlife habitat · Application of pesticide or herbicide more than [',vice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ,~ []YES Examples that would apply to column 2 · Proposed Action would substantiaUy interfere with any resident or migratory fish, shellfish or wildlife species · Proposed Action requires the removal of more than '[0 acres of mature forest /over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land ret~.~,e~ s,~ ,~YE$ Examples that would apply t_o column" · The proposed acdon would sever, cross or limit acceSs to agricultural land lincludes cropland, hayfields, paat'ure, vineyard, orchard, etc..) I 2 3 omall to Potential Can Impact Se Moderate Large Mitigated By Impact Impact Pro ect Change ~ [] E]tes I~ [] [~]Yes ~ ~ ~Yes ~No ~ ~ ~Yes .~No ~ ~ ~Yes ~ ~ ~Y~ ~No ~ ~ ~Yes ~No ~ ~ ~Y,~ ~No I ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Y~ ~No ~ ~ ~Yes ~No I · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural ~and or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural [and management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11 Will proposeci action affect aesthetic resources~ I~NO ~YES (If necessary, use the Visual EAF Addendum in Section 617 20, ^ppendix B.) Examples that would apply to column 2 · Proposed [and uses, or proiect components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Proiect components that wdl result m the elimination er sigmficant screening of scenic vtews known to be important to the area. IMPA~T ON HISTORI~ AND AROHAEOLO~ICAL RESOURCES 12 Will Proposed Action impact ~ny site or structure ~ h~ric, pr~ historic or paleoncolo~lcal imoo~ance~ ~O ~YES Ez~mples that would apply to calumn 2 · Proposed Actian occutrin~ wholly or pa~ially w~thin or substantially contiguous to any facili~ or site listed on the State or National Re~ister of historic pl~ces. · Any impact to an archa~lo~ic~l site or fossil b~ Iocat~ within the project site · Proposed Action wdl occur in an area designated as sensitive ~or nrchaeological sites an the NYS Site Inventor. · Other imoac~ IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed ^trion affect the quantity or quality of exisUng or future open spaces or recreational opportunities~ Eaamplea that would apply to column 2 ~;~,c~O []YES · The permanent foreclosure of a future recreational opportunity. · A maior reduction of an open space important i:o the community. · Other impacr..s: 9 2 3 S,. ~ll to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [~)Yes F-1No [] [] ~lYes ~]No [] [] I~Yes [-]No [] [] (=]Yes ~No [] [] I--lYes F-INo ~ ~ F-lyes F-lNo [] [] ~]Yes I-]No [] [] r-]yes ~No ~ [] i-]Yes []No ~- [] [:]Yes []No I~ [] E3Yes E3No m_ I-; [:]Yes r-INo [] [] F-iyes E3No 14 IMPACT ON CRITICAL ENVIRONMENTAL AREAS Will Proposed ~,CClOn impact the exceptional or umque character- ~stlcs pi a critical environmental area (CEA) established/pursuant to :~ubdiv~s~on 6 NYCRR 617.14(~,) ~ [~'NO [~_YES List the environmental characteristics that caused the desl§nation of the CEA. Examples that would apply to column 2 · Proposed Action to locate w~thm the CEA? · Proposed Action wdl result in a reduction in the c)uantity pi the resource? · Proposed Action wdl result ~n a reduction in the quality of the resource? · Proposed Action will impact :he dse. ~unctIon Or enloyment of the · Other impacts: iMPACT ON TRANSPORTATION 15 Will there be an effect to existing, transportahon svste '~J --YE5 Examples that would apply [o column 2 · Alteration of present ;:)a[terns pi: movement o~ people and/or ~oods. · Proposed Action will result in maior trafi~ic problems. · Other impact: IMPACT ON ENERGY ~6 Will Drooosed action affect the commumt¥ ~ sources of fuel or energy ~uoplv~ ~/N 0 ]YES Examples that would ~lDp~v ~o :oiumn 2 · Proposed ,~,CtlOn will cause ~ greater than $% increase tn ;he use or any form of ener§y in the mun~cioalit'y. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or ~'o family residences ar to serve a malor com~llerciaJ or industriaJ use. · Other impacts: Small to Potential Moderate Large [mDact Impact Can 'lm3pact Be Mitigated By Project Change ~Yes [-1No re)Yes '-]No ~lYes I--1No ~Yes ~INo ~-~Yes ~'No ~Yes '~.No E~]¥es ,~No ~Yes ~No ~Yes '~.No E~Yes F-~No ~lYes ~No l0 NOISE AND C R IMPACTS 17 Will there be objectionable odors, noise, or vlbrat~on,/as a result of the Proposed Action? ~NO ~YES Ezamples that would apply to column 2 · Blasting within 1,500 feet of a hospital school or other sensitive iacility. · Odors wdl occur routinely (more than one hour 0er day). · Proposed Action wdl produce operatin§ noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action wit[ remove natural barriers that would act as a · Other impacts: IMPACT ON PUBLIC HEALTH 18 ',Viii Proposed Action affect public health and safe~/ ~JNO ~YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release o~: hazardous substances (i.e. oil, pesticides, chemicals, radiabon, etc.) in the event of accident or upset conditions, or there may be a chronic Iow [eve[ discharge or emission. · Proposed Action may result in the burial of "hazardous wastes"' in any rorm [i.e. toxic, poisonous, highly reacd~,e, radioactive, ~rntatim], infectious, etc.) · Storage facilities for one million or more gallons of liquefied natural =*as or other flammable liquids. · Proposed action may result in the excavation or other disturhanc9 w~thm 2,000 feet of a site used ior the disposal of so[id or hazardous waste. · Other Impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOO / 19 Will proposed action affect the character of the exist~ng,Z~mmumty? [2[]'NO r-YES Eaamples that would apply to column 2 · '['he permanent population pi the city, town or village in which the project is located is likely to [[row by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of th~s prolect. · Proposed action will conflict with offioally adopted plans or goals. · Proposed action wdl cause a change in the density of Iand use. · Proposed Action will replace or eliminate ex~sting facdiues, structures or areas of historic importance to the community. · OeveloDment will create a demand ior additional commumt~ services ~e.g. schools, police and fire. etcJ · Proposed Action will set an important precedent for future prolects. · Proposed Action will create or eliminate employment. · Other impacts: i 2 3 Sma..o Potential Can Impact Be Moderate Large Mitigated By Impact Impact Proiect Change [-- ~ ~Yes ~No [] ~ ~Yes I~No [-- ~ I--lYes GNo [] ~ I~Yes [-]No ~l ~ ~Yes ~No m~ ~ m~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes DNo ~ ~ ~Yes ~No ZO is there, or is :here likely to be, public con~'oversy related to I~tenrial adverse enwronment~l imo~0 i~YE5 ffUL-22-1997 14:21 NELSON & POPE,LLP S16 ~27 5G20 P.O2x02 From: Judith Terry /~ Charles Voorhis ~ I[~' July 22, 1997 '-~ Mxfllcn Change of[Zone Petition Main Road, So.hold lib & R.40 to Gencr~ Business '***BY F.s.X ONLY ,-ONE (1) PAGE 76S-1823'"' Dem]udy: As per your re4~est, this .letter provides a proposal for services with rcgard. W the above project. The project was reviewed4~reviously by NP&V. It is my understanding that since completion of the ori~nal review, several large trees have been removed from the property. The purpose of this review is to examine the environmental affect of these circumstances. The following setwices are proposed: 1. Inspect subjcci property. 2_ ' Mc~t with Town. rcpres~i~. The.fee.for these services is $$00.00. Please let me know if you wish us to proceed with this project. Thank you for your attenuon to this matter, and please call if you have any questions. TOTAL P. 05 DOMINICK & DORIS ZITO 295 LOCUST LANE SO[JTHOT.I~, NY 11971 516 765-3985 JTJDITH TERRY,TOWN CLERK SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTI{OLD, NY 11971 RE: RICHARD MULLEN, JR. CHANGE OF ZONE APPLICATION Dear Ms. Terry; JULY 22, 1997 RECEIVED JUL ~? ,~ 1997 Sout~:~ld Town C/ed As residents and homeowners on Locust Lane we greatly oppose to the rezoning of the residential parcel of land adjacent to my home and the rezoning of Colonial Corners to a General Business Zone. For obvious reasons, a Car Dealership should not be located in a residential area. It would highly affect the integrity and value of our home, not to mention, our lives. A large commercial business, such as Mullen Motors belongs on a Commercial Strip of property, such as the Route 48 (North Road), not in the hamlet of Southold Town and a Residential Area. A Commercial Business in this setting would create large traffic hazards, high noise infractions, and invasion of privacy to those who, like me would be so close in proximity. Currently my daughter Nancy and my eight year old granddaughter reside in the home. The Commercial traffic is a huge concern to Nancy and the other neighbors with young children in the area. This is a neighborhood with young families raising their children and retired people wishing to live out the rest of their lives in peace and quality. This neighborhood does not wish to have such a major disruption move in to jeopordize the quality, value and integrity of their homes. Dbminic~Doris Zito and Family DOMINICK & DORIS ZITO 295 LOCUST LANE SOOTHOLD, NY 11971 516 765-3985 JUDITH TERRY,TOWN CLERK SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD, ~ 31971 RIC}~k~D MULLEN, dR. CHANGE OF ZONE APPLICATION Dear Ms. Terry; JULY 22, 1997 RECEIVED JUL 2 ,? 1997 Soutl~ol~ T~wn Cl~rl~ As advised I formally wish to have a Traffic Study conducted on Locust Lane. In the recent months there has been a high amount of Commercial Traffic on this residential street. On a number of occassions I have been a witness to Tractor Trailer Trucks coming from Mullen Motors, using Korn Road and Locust Lane as outlets. These Trucks being so large use the front piece of our property to negotiate the turn or as my neighbor has witnessed the lawn across the street. I have also seen many Beverage delivery trucks using Locust Lane as an outlet from Hobart, being that is a one way street. Something really needs to be done about the traffic issue as it stands. If Mullen Motors moves into this neighborhood, the traffic problem will only compound and lives will be in danger. As a child I used to be able to ride my bicycle up and down Locust Lane and the neighboring streets without too much concern or worry. Now I am currently raising my daughter in this neighborhood, she is unfortunately not allowed to ride her bicycle even in the driveway because all of the traffic and trucks that pose such a threat. I believe road signs that prohibit the use of such traffic would be a help. And naturally, to have the zoning remain as is, RESENDENTIAL allowing our community to retain the quality of life we sought when making our homes here. Sincerely, ~ 7/22/97 TO: HON. JEAN COCHRAN, SUPERVISOR TOWN OF SOUTHOLD TOWN HALL MAIN ROAD SOUTHOLD, NEW YORK 11971 FROM: FRED & LINDA I~LARTIN P.O. BOX 680 SOUTHOLD, NY 11971 DEAR SUPERVISOR COCHRAN: THIS LETTER IS IN RESPONSE TO A DOWN ZONING CHANGE REQUESTED BY BY RICHARD F. MULLEN HI AND WILLIAM H. MULLEN FOR PROPERTY DESIGNATED ON COUNTY MAP AS 1000-062-03.00-022.001 AND 024.001 ON JUNE 4, 1997. AS A HOME OWNER IN FOUNDERS LANDING ESTATES (815 OLD SHIPYARD L.Sd~lE) I AM TOTALLY AGAINST THIS DOWN ZONING, TO PLACE MORE PARKING AREA FOR MULLEN MOTORS IN A RESIDENTIAL NEIGHBORHOOD, WHICH WOULD HAVE MULLEN MOTORS RUNNING ALL THE WAY FROM THE VIDEO STORE TO 7-11. (ASSUMING TH~AT JUNIE ALBERTSON TEARS DOWN COLONIAL CORNERS AS RUMORED). IS THIS GOING TO TURN INTO ROUTE 58 IN RIVERHEAD? I REALIZE THAT DICK MULLEN AND HIS SON'S HAVE A BUSINESS TO RUN AS I DO, BUT NOT AT THE EXPENSE OF THE PEOPLE WHO LIVE HERE. I WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING DOWN OF THE TWO (2) PINE TREES ON THE FORMER LUCEY PROPERTY (WHICH FOR INFORMATION PURPOSES WAS ON THE NATIONAL HISTORICAL REGISTER?) WERE THESE TREE'S ON RIGHT OF WAY? I EAGERLY LOOK FORWARD TO HEARING FROM YOU AND TIIE TOWN BOARD. MY PHONE NUMBER DURING THE DAY IS 765-9375 AND OUR FAX IS 765-9359. FRED & LINDA MARTIN cc: MRS. JUDITH TERRY MR_ WILLIAM i~,IOORE 7/22/97 TO: HON, JEAN COCHRAN, SUPERVISOR TOWN 01~ SOUTHOLD TOWN HALL MAIN ROAD $OUTHOLD, I~EW YORK 11971 FROM: FRED & LllVDA MA.RTIN P.O. BOX 680 SOUTHOLD, NY 11971 DEAR SUPERVISOR COCHRAN: THIS LETTER IS IN RESPONSE TO A DOWN ZOKING CHANGE REQUESTED BY BY RICHARD F. MULLEN HI AND WILLIAM H. MULLEN FOR PROPERTY DESIGNATED ON COUNTY MAP AS 1000-062-03.00-022.001 AND 024.001 ON J-Id'NE 4, 1997. AS A HOME OWNER IN FOUNDERS LANDING ESTATES (015 OLD S~II~'¥ARD LANE) I AM TOTALLY AGAINST THIS DOWN ZONING, TO PLACE MORE PARKING AREA FOR MULLEN MOTORS IN A RESIDENTIAL NEIGHBORHOOD, WHICH WOULD HAVE MULLEN MOTORS RUNNING ALL THE WAY FROM THE VIDEO STORE 'IO 7-11. (ASSUMING 'I'HAT gUNIE ALBERTSON TEAR~ DOWN COLONIAL CORNERS AS RUMORED). IS TIII~ HOING TO TURN INTO ROUTE 58 IN ILIVEI~IEAD? I REALIT.~ THAT DICK MULLEN AND HIS SON'S HAVE A BUSINESS TO RUN AS I DO, BUT NOT AT THE EXPENSE OF THE PEOPLE WHO LIVE HERE. I WOULD LI~E TO KNOW WHO AUTHODIT-~0 THE CUTTING DOWN OF THE TWO (2) PINE TREES ON 'tHE FORMER LUCEY PROPERTY (WHICH FOR INFORMATION PURPOSES WAS ON THE NATIONAL HISTORICAL REGISTER?) WERE THESE TREE'S ON RIGHT OF WAY? I EAGERLY LOOK FORWARD TO REARING FROM YOU AND t~E TOWN BOARD. MY PHONE NUMBER DURING 'IHE DAY I$ 765-937~ AND OUR FAX IS 765-9359. FRED & LI~DA MARTIN cc: MRS. J-u-DITH TERRY MB. WILLIAM MOORE A~roT~h Publi~fions PO BOX 1359r 1560 YOUNGS AVI~.[ SOI..rrHOLD LONG ISLAND NY 11971 FAX Dat~: 7/22/97 Numbe~ of pag~ including cover sheet: To: MI~. JUD~iil TERRY (TOWN CLERK) Phone: Fax phone: 765-1823 CC~ adlogTM division Phon~: 1-800-235-644.4 Faxphone: 1-$16-765-935~ RRMA.R,I~; [] Ur~nt [] For your rg'view [-] R~ply ASAP [] Piga~c gomme, m MOST URGENT Town o£ Southold To~n Hall Main Road Southold, N.Y. 11971 Re: Counter Zone variance Richard P. Mullen III RECEIVED ,JUL 2 1 1997 Soulhold Town ~"le~ July 21, and William Mullen Zone 1997 Change Application To Southold Tow~ Board, This is a counter zone application filed against the June 4, 1997 Mulleu Motors' change of zone application for Locust Lane and Main Road. Locust Lane is a residential area and our property values and quality of life are threatened by this down-zoning request. In total disregard of the N.V.P. advisory report, the wooded buffer zone has been deliberately, prematurely and presumptuously removed. This action further exposes us to the disruptive commercial activities from Seven-Eleven, Colonial Corners, and Mullen Motors and should not be rewarded. We ask the Town Board to reject this down-zoning application. Over the years, the residents of the Founders Landing area have been so very tolerant and accomodating of Mullen Motors' intrusion into the quality of our lives: -Depreciation of property values -Unloading cars onto residential streets -Car alarms -Blocking driveways -Obstructing area access to main road thoroughfare -Toxic smells -Constant routing of 8-wheeler delivery trucks thromgb residential street~ -Early morning disturbances -Ugly commercial sprawl in th~ heart of the community THESE AOTIVITIES SHOULD NOT BE I~WARDED! Very truly yours, ~J~an 3., San~ord ~elani. e Sanforcl 7ul~ Sanford RECEIVED N~,~s~,,/, .T, Jl,/ (,., ..". ... -. mE. m L I t · iI J~DITH T. TERRY ." OFFICE OF THE TOWN CLE~ TO~ OF SO.HOLD Town Hall, 53095 Mare Road P.O. Box 1179 Southold, New York [ FAX fsi6) '65-I823 FELEPHONE ~£16) July 10, 1997 Dear Jennifer: Report of Nelson, Pope & Voorhis is sent to you for your file. It is being presented to the Town Board at their July 22nd work session for a decision on whether they wish to issue a negative or positive declaration. NELSON, POPE & VOOI:IHIS, LLC RECEIVED JUL 9 1997 .'Souh~:dd To~vn July 8. 1997 Ms. Judith Ten3.'. Toxin Clerk Southold To~a Board Toma Hall, 53095 Mam Road PO Box 1179 Southold, NY 11971 Re: Review of EAF Richard F. Mullen III and William Muilen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 Dear Ms. Terry: As per ~ro~ request, we have completed a prelinfin~/review of the above referenced zone change. Tasks and completed activities are as follows: I. Revie~ Part I LEAF The parcel has been field inspected by NP&V. and the LEAF has been reviewed and amended as necessary. A cop)' of the same is attached. 2. Prepare part I1 LEAF The Part II LEAF checklist has been completed and is also at~ched. Additional information concerning our findings is included below. 3. Environmental and Planning Considerations The parcel has been inspected and enviromental references concerning the site and area have been consulted. Thc site consists of 1.2484 acres of land in the hamlet of Southold in the Toxin of Southold. The subject site is located at the comer of NYS Route 25 and Locust Avenue~ The site has approximately 199 feet of frontage along the south side of NYS Route 25 and 285 feet of frontage along the x~est side of Locust Avenue. There are currently 5 structures located on SCTM Lot 22.1 which are used for various commercml purposes and arc collectively kno~n as :'Colonial Comers". lax map Lot 24~ 1 located just south of 22.1 is currently vacant and sen'es as overflox~ parking for the stores to the north. The area of the site is zoned Hamlet Business (HB) on tax map Lot 22.1 and Loxx Densit3_' Residential (R-40) on tax map Lot 24.1. The proposed action involves changing the zoning of Mullen Change of Zone EAF Review these lots to a General Business (B) district. TNs xxill give Mullen Motors (located adjacent to both lots on the west side) the opportunas., to construct parking facilities on these lots in the future. The project sponsor currently oxsxts approximately 0.83 acres to the west, contiguous with the subject site and encompassing tax map Lots 19 and 20. The subject site is flat, and there arc no wetlands or other sigmficant landfoims m thc vicimty. The soil on the site is entirely Haven Loam, slopes 0-2 percent. The soil series is suitable for development, with good leaching potential. Although Haven soils w~th shallow slopes are not classified within groups 1-4 of the NYS Agriculture Land Classification S_vstem, they are fertile agricultural soils. The project site is rather small and the soils are disturbed, therefore, agricultural usc of soils is not viable on the subject site. Water to the property is supplied by the Greenport mumcipal systam. The elevation of groundwater beneath the subject site is 0-3 feet above mean sea level (msl) according to the 1995 SCDHS Water Table map. The topographic elevation is approxirnately 25 feet above msl. Therefore. the minimum depth to groundwater is 22 feet, which provides a sufficient depth for a future parking lot or other potential commercial uses. If a parking lot is constructed in the future, storm xsater would be recharged through the use of dry wells. The subject site is located within the Water Budget Area as mapped by the Suffolk Count).' Department of Health Services (SCDHS). The Water Budget Area includes locations where the potential for large public water supply wells exists. The subject site is located within the SCDHS Groundwater Management Zone IV and according to the North Fork Water Supply Plan (ERM-Northeast, Camp Dresser & McKee, 1983). the area has been sigmficantly impacted by aldicarb (concemrations over 7 ug/l). This should not pose a constraint to site use as public water xsill be extended to the site. ApproXn'natcly 0.87 acres of the subject site is developed, comprising 0.6 acre of roads and buildmgs and approxn'nately 0.27 acres of landscape vegetation such as grasses, shrubs, Nops, ay spruce, and gray birch. The remaining 0.38 acres is densely forested containing species such as sugar maple, sumac, mulbem_', common chokecherry, box elder, hone_vsuckle, and wild rose. Scattered household garbage was also present in this area. The land use m the vicinity of the site is predominantly Hamlet Business (I-lB) to the north and east, Lo~x density residential (R40) to the south, and General Business (B) to the ~est. The small tox~a character of Southold should be considered if a parking lot is proposed in the future. There may be some conflict pertaining to the loss of aesthetic resources {the forested portion of the land, located primarily on tax map Lot 24.1). and the local residential commumt3.' to the south and southxxest. Currently, the forested portion of the site provides a screen for many residents to the activities of the car dealership. The forested portion lies adjacent to tax map Lots 17. 18, 19, 25. and 26. where dxxelling units already exist. Across Locust Avenue, to the east, tax map Lots 35 and 36 have frontage directly opposite of thc forested area. The rezonmg of the R-40 portion oftbe site is an intrusion into the neighborhood and should be mitigated through the rctention of vegetation, landscape screening, and maintenance of some setback between the residential and commercial use. Also. if a new parking lot is used to store dealer cars. site lighting may intrude on the conmaunity during nighttime hours and should be limited to reduce potential impact. Mullen Chan~e of Zone EAF Review In surmn~.', there is limited potential mapaet by changing the zoning of~x map Lot 22.1 from Hamlet Business to General Business which can be minimized through setbacks, landscaping, lighting restrictions, and proper site planning. The primal.' concern is the potential land use dispari~' and loss of aesthetic resources, in the residential area south of the Mare Road. If the Toxsn is favorable to this zone change there are some common mitigation practices recommended. First. an adequate buffer should be maintained between proposed site use and existing residences. Also the use of evergreen vegetation (for example Norway spruce, which ts already present on the parcel) for landscaping purposes xxould create a screen, even dmang winter months Fin,Mix'. lighting restrictions should be considered in order to reduce intrusion in the neighborhood. If you have any questions or ~ish any further input x~Sth regard to this matter, please do not hesitate to call Charles J Voorhis. CEP, AICP Nelson. Pope & Voorhis, LLC enc: Long EAF Parts I & II Mullen Motors ~ Southold Change Of Zone Application Southold, New York Town of Southold Project Description: This project revolves a change of zone from Hamlet Business (HB) on tax map Lot 22 I and Low Densit3_' Residential (R-40) on tax map Lot 24.1 to General Business (B). Lot 22.1 already has 5 existing structures that are collectively knoxsn as "Coloiual Commons". Lot 24.1 is currently vacant and is serving as overflow parking for the stores on Lot 22.1. The total acreage of the project is 1.2484 acres The subject site has approximately 199 feet of frontage along the south side of NYS Route 25 and approximately 285 feet along the west side of Locust Avenue in Southold Due to the uncertmnt3.' of furore land use on this property, this LEAF was completed considering only the zone change. If any new structures are proposed on the project site in the future, a new LEAF should be filed containing specific site plan reformation for use and evaluation by the lead agency in issuing a determination of significance. 16-2 (2/§7)-- 7c 617.21 Appendix A Stale Envfronmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The tull EAF is desig[~ed [o help applicant~ and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly. there are aspects of a proiect that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically e~pert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full E^F is in[ended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Componenls: The full EAF is comprised of three parts: Part 1: Provides obiective data and reformation about a given project and its site. By identifying basic proiect data, it assis~ a reviewer in the analysis that takes place in Parts 2 and 31 Parl 2-' Focuses on identifying the range of possible impacts that may occur from a proiect or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is id;ntified as potentially-large, then Part J is used to evaluate whether or no[ the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions of EAF completed [or Ibis proiect: '~J], Part 1 [~ Part 2 ~]Part 3 Idenli[y Portions Upon review of the reformation ~ecorded on this EAF (Parts 1 and 2 and ] if appropriate), and any other supporting inlormabon, and considering both the mac,rude and importance of each impact, it is reasonably determined by the lead agency that: [] A The prolect will not result m any large and important impact(si and. therefore, is one which will have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the proiect could have a significant effect on the environment. [here will not be a significant effect for this Unlisted Action because the mitigation measures described in PART ] have been required. therefore a CONDITION£D negalive declaration will be prepared_* [] C. The proiect may result in one or more large and important impacts that may have a significant impact on the environment, therefore a posilive declaralion will be prepared. ' A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name o[ Lead Agency Pnnt or fvpe Name of Re~'pons~ble Officer in Lead Agency Title of Responsible Olricer Si§nature of ResDons~ble Ol/icer ~[] Lead .A~ency Siqnature al Preparer[It different trom respons~b~eofficerl PART 1--PROJECT INFORm. ~TION Prepared by Project Sponsor NOTICE. This document is designed to assist in determining whether the action proposed may have a significant eff~ on the environment. Please complete the entire form. Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additio~ information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and w/Il not invol new studies, research or investigation. If information requinng such additional work is unavailable, so indicate and spec: each instance. NAME OF ACTION Richard F. Mullen III & William ~. Mullen Zone Chan§e Application Main Road, Sou?hold, NY 1[971 Town of Southold, County of Suffolk NAME OF APPLiCANT/SPONSOR eUSINESS TELEPHONE Richard F. Mullen III & William ~. Mullen (5161765-3564 AODRE$S c/o Mullen Motors, Inc. P.O. Box [408 CITY/PO STATE ZIP CODE Sou?hold, ~LL.~.' i%~.~ NY 1197] NAME OF OWNER ([I dlllereml BUSINESS TELEPHONE Albert W. Albertson, Jr, and Donald B. Katz ADDRESS 23275 Water Circle, Boca Eaton, FL 33~86 (AWA) CITY/PO J STATE ZIP CODE Ferry Road , Sag Harbor ,NY [i963 (DBK) DESCRIPTION OF ACTION Applicants request zone change of subject premises from HB and R-. to B to perm~ use of said premises by Mullen Motors, Inc., an automobile dealership and service center. Please Complele Each Question--IndicaTe N.A. if not applicable A. Site Description Physical setting of overall prolecL both developed and undeveloped areas. 1. Present land use: rqUrban []Industrial fqForest C]Agnculture 2. Total acreage of project area: 1.248/4 APPROXh'vIATE ACREAGE Meadow or 8rushland (Non-agriculturall Forested fi]Commercial OOther ~Residential (suburbanj mJRural (non-fa Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) Water Surface ,Area Unvegetated (Rock. earth or fill) Roads. buildings and other paved surfaces Other (indicate type) ~c\ a. Sod drainage: ~tWell drained 100 ,% of sJte ~]Moderately well dra,ned % of srte ~Poorly drained __. % o,: site b. If any agricultural land rs mvolve.s, how many acres ot soil are class,fled w~thln soil group ~ through 4 of the Land C[assd,cauon System? acres. I. See I NYCRR 370). ~/,~ a. ','vhat is depth to bedrock? ~.,~-~} ~l~ (in feet] PRESENTLY AFTER COMPLETIOr' t_., ~ acres C !%' acre apDrox .)il ti.,~ acres _C ,C' ,,~ acre: ~- ~q acres (-'- ~] acre ,' Approxm~atepercentaseefproposedprolectsitewithslopes: ~]~0-10% ~G0 ?G 1~10-15% ~57/o or 8rearer 6. Is project substantially contiguous to. or contain a building, site. or district, listed on the ~.tate or the National Re§isters of Historic Places~ ~lYes UNo 7. Is proiect substantially conbSuous to a site listed on the Register of National Natural Landmarkst DYes 8. What is the depth of the ,.*cater table? ~---~-~- (in feet) unkno~-n -ual:er ploy±deal by GreeoporC mun±cipai± 9. is site located over a primary, principal, or sole source aquifer? Xes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project areal (~Yes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I~Yes ¢tlNo Accordin§ to I'~.....~ I~ Identify each species 12. Ate Lhere any unique or unusual land forms on the project site? ti.e, cliffs, dunes, other geological formations) DYes ~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation ~rea? [~Yes ~lNo If yes. explain 14. Does the present site include scenic views known to be important to bhe comrnunity~ DYes [~No 15. Streams within or contiguous to project area: none a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contisuous to project area: 17. is the site served by~xistin~ public utilit est E2:Yes I-INo a) If Yes. does sufficient capacity exist to allow connection? bi If Yes. will improvements be necessary to allow connection,' b. Size (in acres) ~Yes ~No I-lYes C~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and ,'~arkets Law, Article 25-A.A. Section 303 and 304?' C-lYes 19. Is the site located in or su0stantiallv conti~uous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and 6 NYCRR 6177 ~Yes [~No 20. Has the site ever been used for the disposal of solid or hazardous was[es? E~Yes ~]No B. Project Descriplion - no immediate changes to site, see attached sheet-Informational 1. Physical dimensions and scale of project (fill in dimensions as appropriate~ ~- ' .(-:e -c'-Jr~-C'~L{-~<~ a. Total contiguous ac:eage owned or controlled by prolect sponsor b. Project acreage to be developed: acres initially: c Project acreage to remain undeve!oped acres. d. Lent, th of project, in redes: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed [. ,'4umber o~ off-street parking spaces ex.stint, , proposed g. ,'vlaximum vehicular trips generated per hour (upon co,'nolebon of prolec~l? h. If residential: Number and type of housin~ units: One Family Two Famdv ,~lulbple F]md¥ Initially Ulbmatelv acres ultimately. Condommium .e,~§~h ' _,'. How much natural material ¢.e.. rock, earth, etc.) wd[ be removed from the site? tons/cubic yards 3. Will disturbed areas be rec a reed? ~es [:]No []N/A a If yes. ior what intend~Z purpose is the site being reclaimed? _~zT~ US~:' /~,JY~ b. Will topsoil be stockpiled for reciamabon! [:]Yes (:]No c. Will upper subsoil be stockpiled for reclamation! ~lYes [qNo /JoT /~.~Je,.~-"t/ 4. How many acres of ve§etaUon (trees, shrubs, ground covers] will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other Iocally-~mportant vegetation be removed by this project? OYes XNo ./ 6. If single phase project: Anticipated period of construction ~ months, (includin§ demolitionL 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date o1: commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? blasting occur durra§ construction/ I-lYes 8. Will 9. Number of jobs ~enerated: durin§ construction 10. Number of jobs eliminated by this project 0 . 11. Will project require relocation of any projects or ~aciJities? (number). month month year. I~Yes [:]No ; after project is complete []Yes year, (including demolition). ~o yes. explain If 12. Is surface liquid waste disposal involved? ~]Yes ,,,~o a. if '/es. indicate type of waste (sewage. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. is subsurface liquid waste disposal involved? ~..,~es [:]No l'ype 14. Will surface area o~: an exisdn§ wa[er body increase or decrease by proposal? Explain 15. 16. 17. []Yes ~o Is prolect or any portion of project located in a '[00 year flood plaint []Yes Will the project generate solid waste? OYes a. If yes, what is the amount per month tons b. If yes. will an existing solid waste facility be used? [:)Yes ~No c. IIc yes, give name - location d Wi[[ any wastes not go into a ~esvage disposal system or into a sanitary landfill? ~Yes e. If Yes. explain []No Will the project involve the disposal o~ solid waste? .OYes a. If yes. ,what is ~he anticipated rate oi: disposal? b. If ye~. what is the anticipated site life? years. Will prolect use herbicides or pesticldes~ ~]Yes ~o tons/month. 18. 19. Will prolect routinely produce odors (more than one hour per dayS? []Yes (~o 20. Will prolect produce operating noise exceeding the local ambient noise levels? I~lYes 21. Will project result in an increase in energy use? [~Yes XNo If yes . indicate type{si AJ~'~-' ~'_l,t"~"-'q~ ~U~ ~O~ ~ ~ Z2. It water supply is from ',veils, ,ndicate pumpi~apacity ~/~, gallons/minute 23 fo[al antmc~pa[ed water usage per day ~/~ gallons/day. 24. Does grolec~ ,nvolve Local. 5ta~e or Federal fundinB? ~Yes ~o rJ Yes. explain 4 .5. Approvals Required: Cio,., Town,,.~.L~ge Board /~es []No ~ Town, 2/!!!:;= Planning Board /~.Yes I-INo City. Town Zoning Board ~]Yes City, County Health Department [~Yes I-INo Other Local Agencies [~Yes I~No Other Regional Agencies []Yes I~No State Agencies [Yes [No Federal Agencies I-lYes ~No Type Submillal Dale C. Zoning and Planning Informalion 1. Does proposed action involve a planning or zoning decision? I~Yes If Yes, indicate decision required: []]zoning amendment ~zoning variance []special use permit I~subdivision I-lsite plan [new/revision of master plan [~resource management plan J~]other 2. What is the zoning classfficationis]of the site? B~ ~g~ 3. What is the maximum potential developmen~ of the site if developed ~s permitted by the present zoning? construction of three (3~ ~dd~tinnml s~n~1~ f~mily dw~lling~ mn v~n~ R-&D lnr~ 4. What is the proposed zoning pi the site? General Business Di~riC~ 5. %~hat is the maximum potential development of ~he ~ite it developed as permRted by the proposed zoning? no additional development planned with the exception of possible improvement of existing parking lot on vacant lot 24.1 6. Is the propo~e~ action consistent with the recommended use5 in adopted local land use plan~? ~Yes 7. What are the predominant [and use(s) and zoni.8 classi[ic~tions wi[Mn a ,~ mile radius of 0roposed action~ General Business District?)Hamle~ Business District, R-40 Dis~ric~ []Nc 8 is the proraosed action compatible with adjoining/surrounding land uses within a '4 mde? J~]Yes 9 If the proposed action is the subdivision pi: land. how many lots are proposed? a. What is the mimmum lot ~ize proposed? 10 ',Viii proposed action require any authorization(J) for the formation of sewer or water distnctsf [Yes 11 Will the proposed action create a demand for any community provided services (recreation. education, police fire protectionl? I-lYes G'INo a. If yes. is existing capacity sufficient to handle prolected demand? [Yes [-1No 12 Will the proposed action result in the generation of traffic significantly above p[esent levels? f-lYes ~Nc . a If yes. is the existing road network adequate to handle the additional traffic! ~'('es r-INo . D. Informational Details Attach any additional reformation as may be needed !o clarify your prolect. If there are or may be any advers, impacts assooated with your proposal, please discuss such impacts and the measures which you propose to mitigate o avoid them. See at~ached. E. Verificalion I certify that the information prov,ded above ~s true to ~he 0est pi my ..nowled§e. Applicant/Sponsor Name Rich~rR ~ H,,II~. FTT ,r. W~ll~ ~ M,,ll~n Da~e ~' ~-~ ~ I[ Ihe ~clio. is in lhe Coasl~l Area. and you are a slale a~enc¥, com,lele Ihe Coaslal Assessme.{ Form belore proceedin Part 2--PROJECT IMPACTS AND THEIR MAGNITUDE Responsibilily o[ Lead Agency General Informalion (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert er]vironmentar analyst · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2 The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential. Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instrucllons (Read carefully) a. Answer each or the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to Indicate the potential size of the impact. Ir impact threshold equals or exceeds any example provided, check column 2. Ir impact will occur bul threshold is lower than example, check column 1. d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large Impact must be evaluated in PART 3 Io determine significance. Identifying an impact in column 2 simply asks that It be looked at further. e. If reviewer has doubt aboul size of the ~mpact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large Impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate Impact, also check the Yes box In column 3. A No response indicates that such a reduction is not possible. This must be explained In Part 3. IMPACT ON LAND I Will the proposed action result in a physical change to t~ project site? ~NO [YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of lengthJ, or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock ~s exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway · Other impacts 2 Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, ge•logical formations, etc.)[~NO []YES · Specific land forms: 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] t-lYes [~]No [] [] []Yes L~No [] [~ []Yes ON• [] [~ []Yes [~]No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No IMPACT ON WATER 3 Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conserva~ti~,~' Law, ECL) L~,NO I~YES Examples that would apply to column 2 · Developable area of site contain~ a protected water body · Dredging more than 100 cubic yards of material from channel ota protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland · Other impacts: 4 Will proposed action affect any non-protected existin~g/c~new body of water? t~NO [~YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: / 5. Will Proposed Action affect surface or groundwater / quality or quantity? [~f~O OYES Examples that would apply to column 2 · Proposed Action will require a discharge permit · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water m e~cess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts:. 6 Will proposed action alter drainage flow or patter~ or surface water runoff? ~rNO EJYES [xamples that would apply to column 2 · Proposed Action would change flood water flows. 7 1 2 3 Small to Potential Gan Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes I~No [] [] ~]Yes []No [] [] ~lYes ~]No [] [] [~Yes E]No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Ves ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR / 7 Will proposed action affect air quality? [2]~O [~YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given · Proposed Action will result in the incineration of more than 1 ton of refuse per hour · Emission rate of total contaminants will exceed 5 lbs per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endange/~d species? ~]~O I~YES £xamples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened.or non-endangered species? [~O []YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land rets? rqYES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes E]No [] [] ]~Yes []No [] [] []Yes []No [] [] []Yes E~No [] [] []Yes I~No [] [] []Yes [~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~ves ~No ~ ~ ~Yes ~No ~ ~ ~Ves ~No ~ ~ ~Ves ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~ves ~No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources~' []NO r~YES (If necessary, use the Visual EAF Addendum in Section 617.20. Appendix B ) E,amples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts:~Pc::r'~'~-,'~l ~,~,ff~'u£1on ~ ~l'~'~ IMPAOT ON HISTORIO AND AROHAEOLO~IOAL RE~OUR~E8 12. Will Proposed Action impact any site or structure o~ h~ric, pre- historic or paleontological impottance~ ~O ~YES Example~ that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site o~ fossil bed located within the project site. · Proposed ~ction will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities~ E~amples that would apply to column 2 [~O [Y£S · The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] E]Yes I~No [] [] ~lYes I~No [] ]~ E]Yes E]No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No 14 IMPACT ON CRITICAL ENVIRONMENTAL AREAS Will Proposed Achon impact the exception]al or unique character- isthmus of a critical em,~ronmental area (CEA) establish~d..~ursuant to subdivision 6 N~CRR 617'14(~) ~ IYT~O [~YES L~st the environmental characteristics that caused the designation of the CEA Examples that would apply to column 2 · Proposed Action to locate within the CEA? · Proposed Action will result in a reduction in tile quantity of the resource~ · Proposed Action'.wll result in a reduction in the quality of Live resourcel · Proposed Action will impact the use. function or enjoyment ot the resource? · Other impacts. IMPACT ON TRANSPORTATION 15 Will there be an effect to existing transportation sy~)~,~? L~YES F~amples that would apply to column 2 · Alteration of present patterns of movement o[ people and/or goods. · Proposed Action w~ll result in maior traffic problems · Other impacts. IMPACT ON ENERGY 16 Will proposed action affect the community's sourcece2s of fuel or energy supply;' ~"NO (~YES E~amples that would apply to column 2 · Proposed Action will cause a greater than 5% increase m the use of any form of energy in the municipality · Proposed Action will require the creation or e~tension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a maior commercial or industrial use · Other impacts: 10 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes I~No [] [] []Yes [~No [] [] [~Yes [~No [] [] I~Yes I~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration/Gs a result of the Proposed Action? J~O E]YES [xamples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 18 Will Proposed Action affect public health and safety.l~n £3Y£S E~amples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly react(va, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of J[quified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD / 19 Will proposed action affect the character of the existing~gommunity? ~J'NO [~YES Fxamples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a resnlt of this project · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects · Proposed Action will create or eliminate employment · Other impacts:. I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ©Yes []No [] [] ~lYes [~No [] [] []Yes []No [] [] [~¥es []No [] [] []Yes []No [] [] []Yes []No [] g ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes gNO ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ gYes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes gNo 20 Is there, or is there likely to be, public controversy related to potential adverse environmental impac~,~? k~fNO [:]YES Il any action In Part 2 Is Idenlllied es a polentlal large impact or II you cannol delermine Ihe magnitude of Impacl, proceed Io Parl 3 11 RECEIVED Ms. Judith Te~ry Town Clerk P O. Box 1179 Southold, New Yo~k 11971 JUL 3 8outhold Tom1 ClIrk July 2, 1997 Re: Richard Mullen, Jr. Change of zone application Dear Ms. Terry; We are the owners of the residence on the northwest comer of Locust Avenue and Korn Road in Southold, immediately adjoining the residential parcel which Mr. Mullen wishes to change to a general business zoning. We strongly oppose the proposed change of zone, because it would extend the business zoning into the heart of a residential area. Our property value would certainly be lowered, and additional noise, traffic, and lighting would be incompatible with the residential neighborhood. You should not let the commercial zoning be extended into the residential area. As you can see from the enclosed map, it sticks out like a sore thumb. As per our phone conversation on Friday, June 27th please forward our concerns to the Southold Planning Board and keep us advised of all meeting dates. Very truly yours, Jatfice J £zczeanv David R. Szczesny Enc.(l} June 16, 1997 Southold Town Planning Board Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 1197l RECEIVED JUN 2 0 1997 Southeld To,~,n O~ Re: Application for Richard F. Mullen III and William H. Mullen Property located at NYS Route 25 and w/s of Locust Ave., Southold, NY Dear Sir/Madam: Donald B. Katz and Albert W. Albertson Jr., by way of this letter, authorize Jennifer B. Gould, Esq., as attorney for Richard F. Mullen III and William H. Mullen, to proceed with making all required applications necessary for a change of zone of the above subject premises from Hamlet Business (HB) District and Low Density Residential (R-40) District to General Business (B) District. Sincerely, k~ , ~ . Katz ~ JUDITH T. TERRY TOWN CLERK REGISTRAR OF X,~T.:LL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southolcl. N'ew York 11971 Fax i516i 765-1823 Telephone , 516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 19, 1997 Charles J. Voorhis, CEP, AICP Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Dear Mr. Voorhis: In accordance with your proposal of June 9, 1997, the Southold Town Board adopted a resolution on June 10, 1997 to engage your services to conduct an environmental review on the petition of Richard F. Mullen and William H. Mullen for a change of zone. The petition, Long EAF and accompanying forms are enclosed herewith. Thank you for your assistance in this matter. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosures cc: Jennifer B. Gould, Esq. JENNIFER B. GOULD Attorney at Law 828 FRONT STREET P.O. BOX 177 GREENPORL NEW YORK 1194~ TELEPHONE: 516-477 -8607 FAX 516-477-0130 Ms. Judith Terry. Southold Town Clerk 53095 Main Road Southold, New York 11971 199! June 17, 1997 Re: Petition of Richard F. M[ullen [II and William H. Mullen for Zone Change Dear Ms. Terry: Enclosed please find a check in the amount of $700.00, payable to your order, as Town Clerk, to cover the cost of the environmental review by the firm of Nelson, Pope & Voorhis, LLC with respect to the above matter, and my clients' letter of disclosure indicating that they are not related to any employees or officers of the Town of Southold Finally, it is my understanding that a letter of permission for the zone change from the present owners of the property (Albettson and Katz) will be forwarded to your attention in the near tittum. Very truly yours, Jennifer B. Gould enclosure cc: Richard F. Mullen Ill and William H. Mullen Rudolph H. Bruer, Esq. Jeep EAST MAIN STREET MULLEN MOTORS, SOUTHOLD, NEW YORK 11971 INC. TELEPHONE (5161 765-3564 RECEIVED JUN 19 1997 Soutkold Town Cler~ June 16,1997 Dear Sirs, This letter is to state that neither Richard F. Mullen III or William Mullen are related to anyone on the Southold Town Board or anyone who works for Southold Town. Yours truly, Richard F~Mullen III William Mullen JUDITH T. TERRY TOWN CLERK REGISTR~.R OF VITAL STATISTICS NL~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFO~ATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516'I 765-1823 Telephone 1515) 765-1800 OFFICE OF THE TOWN CI.F, RK TOWN OF SOUTHOLD June 13, 1997 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, New York 11944 Dear Ms. Gould: In accordance with Chapter 44, Environmental Quality Review, of the Code of the Town of Southold, the Town Board has engaged the services of Nelson, Pope & Voorhis, LLC to review the Long Environmental Assessment Form submitted by you with respect to the petition of Richard F. Mullen III and William H. Mullen for a change of zone. The cost of this review is $700.00, and must be paid prior to the consultants commencing their review. Please remit a check in the amount of $700.00, payable to the Southold Town Clerk, at your earliest convenience so we may proceed with processing the petition. I am also enclosing various resolutions adopted with respect to the petition, and information with regard to disclosure. Lastly, the Town Board would like to receive a from the owners of the property (Albertson & Katz) file. Thank you. letter of permission for inclusion in the Very truly yours, Judith T. Terry Southold Town Clerk Enclosures J~.rDj.'J.'~l T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main P~ad P.O. Box 1179 Southold, New York 11971 F~x ~516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: ~ rom: Re: Petitioner Judith Terry, Town Clerk Fees for Review of Zoning Actions & Applications The Suffolk County Legislature, effective January I, 1992, authorized fees for certain actions and applications submitted to the offices of the Suffolk County Planning Commission. Their memorandum with respect to these fees, dated December ~0, 1991, reads in part: "As of January 1, 1992, zoning and subdivision actions and applications requiring significant review will be subject to a $50 fee for each zoning action ..... " "Please notify all applicants subject to County review of the requirements of County processing fee. This office (the Suffolk County Department of Planning) will bill the applicant directly once the need for significant review is determined." J-U'DITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main l~ad P.O. Box 1179 Southald, New York 11971 Fax (5~6) 765-1823 Telephone (516) 765-[800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Petitioner Judith Terry, Town Clerk Disclosure The General Municipal Law §809 requires an disclose any relationship to a town officer or must be put in writing with the application. applicant for a rezonin(:j to employee. This disclosure § Bb.- Ulsclosure in certain applications L Every applica~on, petit/on or quest submitted for ~ ance, amendment, change of zoning', ~pp~val of a plat, ~xemp~ion ~om a p[~t or of~cial m~p. license or pe~it, pu~uan~ ~ ~he pro~sions of any ordinance, lo~I l~, ~le or re.la.on in~ ~e zoning and planning re.la,OhS of a municip~li~ shall · e name, residence and ~he ua~ and e~en~ of ~he mterest of ~ny s~ officer or any o~cer or employee of such municipali~ or of muni&pali~ of ~hich such mumcipaH~ ~s a p~ in ~e pe~on. pa~e~hip or ~socm~on ma~ng such application, pe~on or r~ques~ (herein~er ~lled ~e appli~nt) ~ ~e e~n~ ~own to such app/i~n~ ~ For ~e p~ose of ~ see~on an o~c~ or ~mployee shall be d~m~ ~ have ~ in~s~ ~ ~e appl~t when he. his spouse. spo~e of shy of ~em (a) M ~e appH~ or ~) is an o~r, ~mr. p~er or employ~ of ~e appli~ (c~ Ie~lly or benefi~lJy o~s or con~ s~ of a co~o~ appli~nt or is a mem~r of ~ pa~p or ~s~a~on appH~c or (d) m · p~ ~ ~ ~m~t ~ such ~ appO~n~ ~mss or implie~ whereby be may ~ive any pa~enC or o~er benefi~ whe~er or not for se~c~ ~nde~ dependent or con~ngen~ upon · e favo~ble approval'of such appH~ou, peri,on or mques~ S. In ~he co~ of N~sau ~e pm~ions of sub~sions one · nd ~o of ~is section sh~l also ~pply ~ a p~ o~cer_ "P~ officer" shall me~ Shy p~on hol~g any posi~on or o~ce, whether by election, appom~en~ or o~e~se, in ~y p~ defined by sub~ion fo~ of sec~on ~o of ~e elec~on law.~ 4_ O~e~p of less ~ five per cent of ~e s~ck of ~o~o~on whose s~ck is 8s~d ou ~e New York or _~ed~n ~ock ~xch~ges sh~l not co~ ~ in.mst for ~e p~os~ of ~ sec~on_ 5. A pe~on who ~o~g]y ~d ~ufionally ~olams ~is sec- ~on sh~I be ~il~ of a misdemeanor- ~mm~ No~ Oisci~ of ~ ~ ~ by mem~ of ~e ~ of ~men~ ~e~. for~ only ~h~.e ~it~,~ons m vhic~ eonflic~ng inr. e~st= Tuxedo Cor~er~a- C~on ~nd Taxpayers A_~'n v. T~',~n BoL of Town of 'l~ce~o, 1978, 96 Mi~ 1, 408 N.YR.2d 668, ~ffirmed 69 A_D.~:I 418 N.Y_~.2d 638. On n.n ~pplic~t~on befor~ a zoning bon~[ of appe~n, where ~e ~ppiic~.nc's ~tCorney m zL~ the ctL~mum of ~he zon- CONFLICTS OF INTEREST Ar~. 18 Ev~ though the ~eased pr~per~y ~e ~unie/p~ o~r or empioy~ ~[~4- ~ for ~al ~i~ and ~ of one m~ of majo~ vo~ ol ~ wholly o~ su~, ~e~ ~ ~ sible ~ of imp~pde~ so ~a~ § ~09 408 N.Y.S_2d 668. ~£fn-med ~9 A_D.2d 320, 418 N.Y.S ~--d 6~. [yin~ confli~ ~ of muni~p~{ ma~, ~isquaii~fion should be ~ p~p~ devela~en: ~uid ~ot mem~r ~ho ~ a ~idenc og vexing C~ w~ h~d[~ a~nt ~on of w~ one oi deveio~ FaSu~ o~ o~ of ~n~cc ~ndor s~on indim~ ~e of 5~ in~t in p~mmm subj~ ~ applim~on for ~ning for a~ent development not fa~ m ~e ~plim~on_ glen Gl~w~ ~ding Ci~c ~un~ v. To~ of O~r Bay. ~98L ~09 ~d ~. ~ N.Y~ ~ JUDITH T. TEP,.~Y TOWN CLERK REGISTRAR OF VITAL STATISTICS Ma%.RRI AGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOI~ OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone 1516) 765-1800 OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD June 13, 1997 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, New York llg~,q Dear Ms. Gould: In accordance with Chapter 44, Environmental Quality Review, of the Code of the Town of Southold, the Town Board has engaged the services of Nelson, Pope ~, Voorhis, LLC to review the Long Environmental Assessment Form submitted by you with respect to the petition of Richard F. Mullen II1 and William H. Mullen for a change of zone. The cost of this review is $700.00, and must be paid prior to the consultants commencing their review. Please remit a check in the amount of $700.00, payable to the Southold Town Clerk, at your earliest convenience so we may proceed with processing the petition_ I am also enclosing various resolutions adopted with respect to the petition, and information with regard to disclosure. Lastly, the Town Board would like to receive a letter of permission from the owners of the property (Albertson & Katz) for inclusion in the file. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town I-Iall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 10, 1997: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope & Voorhis, LLC, at a cost not to exceed $700.00, to review the Long Environmental Assessment Form and accompanying forms with respect to the petition of Richard F. Mullen III and William H. Mullen for a change of zone, provide a review letter regarding the environmental and planning significance of the proposed change, and prepare a recommended SEQR determination of significance; the cost of said review to be paid by the applicant prior to the commencement of the review. Southold Town Clerk June 11, 1997 JUDITH T. TERRY TOWN CLERK REGISTI~-~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~516l 765-1823 Telephone 15161 765-1800 OFFICE OF TI-H~ TOWN CLERK TOWN' OF SOUTHOLD June 11, 1997 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of Richard F. Mullen III and William H. Mullen for a change of zone on certain property located on the south side NYS Route 25 and west side of Locust Avenue, Southold, N.Y. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation, and transmit same to me. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Attachments cc: Jennifer B. Gould, Esq. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou[hold, New York 11971 Fax (516/765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 10, 1997: WHEREAS, a petition has been received from Richard F. Mullen III and William H. Mullen for a change of zone from Hamlet Business [HB) District and Low Density Residential (R-~t0) District to General Business (B) District on certain property located on the south side of NYS Route 25 and west side of Locust Avenue, Southold, N.Y.; now, therefore, be iL RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. Judith T. Terry Southold Town Clerk June 11, 1997 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOVVN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE I0, 1997: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Quality Review Act in the matter of the petition of Richard F. Mullen III and William H. Mullen for a change of zone from Hamlet Business (HB) District and Low Density Residential (R-40) District to General Business (B) District on certain property located on the south sic~e of NY5 Route 25 and west side of Locust Avenue, Southold, N.Y., SCTM~1000-62-03-22.1 & 24_1, consisting of 1.2484 acres. . Terry Southold Town Clerk June 11. 1997 JUDITH T. TERRY TOWN CLERK REGISTI:L~R OF V/TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 10, 7997: RESOLVED that the Town Board of the Town of Southold hereby commences the Lead Agency Coordination process with regard to the State Environmental Quality Review Act in the matter of the petition of Richard F. Mullen III and William H. Mullen for a change of zone from Hamlet Business (HB) District and Low Density Residential (R-40) District to General Business (B) District on certain property located on the south side of NYS Route 25 and west side of Locust Avenue, Southold, N.Y., SCTM~1000-62-03-22_1 & 24.1, consisting of 1.2484 acres. Southold Town Clerk June 11, 1997 JUDITH T. TEH~Y TOWN CLEI~K REGISTRAR OF VITAL STATIST[CS MARRIAGE OFFICER RECORDS I~LiNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou£hold, New York 11971 Fax (516) 765-1823 Telephone ( 516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 10, 1997 Lead Agency Coordinator Request The purpose of this request is to determine under Environmental Quality Review Act - SEQRA) of the Environmental and 6NYCRR Part 617 the following: Article 8 (State Conservation Law 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the application and a complete Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: Richard F. Mullen III and William H. Mullen Requested Action: Petition for a change of zone from Hamlet Business (HB) District and Low Density Residential (R-40) District to General Business (B) District on certain property located on the south side of NYS Route 25 and west side of Locust Avenue, Southold, N.Y. SEQRA Classification: Type I Contact Person: Judith T. Terry, Town Clerk, Town of Southold The lead agency will determine the need for an environmental impact statement (ELS) on this project. If you have an interest in being lead agency, please contact this office immediately. If no response is received from you within 30 days of the date of this letter, it will be assumed that your agency has no interest in being lead agency. Page 2. Acjenc¥ Position: for this action. The Southold Town Board wishes to assume Please feel free to contact this office for further information. Very truly yours, Judith T. Terry Southold Town Clerk Attachments lead agency status Copies of this request and all attachments to the following: Commissioner Cahill, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook $outhold Town Planning Board Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health SErvices Jennifer Gould, Esq. for the applicants (without attachments) Town Clerk's Bulletin Board (without attachments) Suffolk County Water Authority JUN-09-1997 12:41 NELSON & POPE,LLP 516 42? 5620 P,01/01 NEI,.~ON~ I=O1=~ & VOORHIB. I.I,.C CHARLES J. ¥OO~HI~, CEP. ~ICP - ~THU~ J. KOERBER, F E. - VINCENT G. DO;~ r~E LL¥, F;. From: Date: Re: Main Road, Somhold Cl~nsc of~or~ Petition I-lB & R-40 to General Business ---.,BY' FAX ONLY .-.ONE (I) PAGE Dearludy: As per your request, this letter provides a proposal for s~r~ices with regard to the above project. NP&V will inspect the subjoct proF~rty, review submitted EAF and accompanying forms, provide a review letter regarding the environmental and p~n~ing sigrli~caa,ce of the proposed change of zone, and prepare a rccomrnended 'SEQR determination of significance. The fee for these service.sis $700.00. Please;let me know if you wish us to proceed with this project,and forward any pertinent materials to my attention, Thank you for your attention to this matter, and please call ii'you have any questions. TOTAL P. 81 PETITION NO. J/o~ STATE OF NEW YORK TOWN OF SOUTHOLD RECI IV D dUN 5 997 PETITION IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. RICHAiRD F. MULLEN III and WILLI~[ ~. MULLEN ZONE TO THE TOWN BOARD OF THE TQWN OF SOUTHOLD: Richard F. M~llen III and 1. ,We, William~] Mullen , residing a[ c/m M,~]]mn Mncmr~ P Q Rmv lAN8 Petitioner Southold, NY 11971 Suffolk County, New York, the undersigned,~a~ t~ ew~t~w- of certain real property are con:ract vendees situate~ at Main Road, Southold, NY and more particularly bounded and described as ~l[ows: Property is presently owned by Albert W_ Albertson, Jr. and Donald B. Katz. SC%fM ~'s i000-062.00-03.06-022.001 & 024.001. See attached Schedule A for metes and bounds description of premises. 2. We do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Vlaps heretofore made a part thereof, as follows: change of zone of the above described premises from Hamlet Business District (HB and R-40 distric: to General Business District (B) Such request is made for the ~l[owing reasons: Change of zone to General Business District (B) with Special Exception would permit use of premises by Flullen Motors, Inc an automobile dealership and service center, which presently operates on an adjacent parcel. Richard ~. Mullen, III Signature William ~. Mullen STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) Richard F. Mullen III and William ~. Mullen ~he-+s the pebt~on ~n the within BEING DULY SWORN. deposes and says that action; that he .hc~ read the foregoing Petition and knows the contents thereof; that the same is true to I~ {I,~, ] own knowledge. except as to the matters therein stated to be alleged on information and belief, a.d that as to those matters h~ believes it to be true. Signature Sworn to before me this ~r~ day of~-~'v~-- 19c~-~ blic SCHEDULE A ALL that certain plot, piece OF paroel of land, situate, lying and being at Sou[hold, Town of Sou[hold, County of Suffolk and State of Ne~ York, known and designated on a diag,-am of Nots belonging to Jane A. Cochran, dated October- 1867 and duly fi[ed in the Office of the S,Jifolk County Cle~-k as Lots 1 ~ 2 and ioLs 26, 27 & 28 and descL-ibed pcoperty, more pa~ticularly bounded and described as follows: BEGINNING at a point at the souther[y line of Main Road line of Locust Avenue; intersection formed by the (Nt'S Rt. 25) and the westerly RUNNING TIIENCE from said point and place of beginning along the westerly line of L~must Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janiee ~. Szczesny; TIIENCE along said lands of David & Janice J. Szczesny and lands now or formerly of William Corbett South 73 deg~-ees 2~ minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE aJong said J. ands of Barbara S. Adams aild lands no~.: or formerly of Richard F. Muflen, Jr. North 17 deg~-ees Il) re.inures Oil seconds West a distance of 48.95 [a~t to a point; THENCE North 18 deg~-ees 05 minutes 50 seconds West a distance of 109.47 feet to a point; THENCE South 7~ degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes O0 seconds West a distance of 171.74 f~et to a point and the southerly line of Main Road (NYS Rt 25); 'rIiENCE along I. he souLh~r[y line of Main Road (NYS Rt 25) North 87 deg~-ees 02 minutes O0 seconds East a d~stance o[ 100.00 feet to a point; THENCE North 85 degrees 37 minutes O0 seconds East a dista~me of 98.92 feet to the point and place of BEGINNING: 1-1-16-2 617_21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full E^F is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be signific:~nt is not always easy to answer. FreQuent- Iy, there are aspects of a proiect that are subjective or unmeasureable. It is also understood that those who determine significance mav have little or no iorma[ know[edge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The furl EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The iull EAF is comprised of three part~: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data. it assists a reviewer in the analysis that takes place in Parts 2 and 32 Part 2: Focuses on identifving the range of poss]bleimpacts that may occur from a proiect or action, it provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact· The form also identifies whether an impact can be mitigated or reduced· Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important· DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identity the Portions of EAF completed for this project: ~ Part 1 I~ Part 2 []Part 3 Upon re'.,e'.v of 1he reformation [ecorded orl this E,AF (Parts 1 and 2 and ] if appropriate), and any other supportin§ informac~cn, and considering both the magitude and importance of each impact, it is reasonably determined bV the lead aE.e~c',, that: ~,. The Drolect wdl not result m any large and important ~moacr(s) and. therefore, is one which will not have a significant impact on the enwronment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect tor this Unlisted Action because the mitigation measures descr.bed in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' C The project may result in one or more large and important impacts 1hat may have a significant impact on the environment, therefore a posilive declaration will be prepared. · ,*, Conditioned Negative Declaration is only va[id for Unlisted Actions Name of ~ction Name of Lead Agent',' Pnnt or l',,,pe Name of RerDons~ble Officer m Lead Agency Title of Resoons~ble ,-~rhcer ~i~nature of Responsible ©triter ,n Lead Agency Signature '~r Pr"'Darer[Ir different [rom resDons]b~e orfic=_r~ PART 1--PROJECT iNFORMATION Prepared by Project Spon~,r NOTICE: This document is des*gned to assist in determining whether [he action proposed may have a significant eff¢ on the environment Please complete the entire form, Part~ A through E. ,Answers to these questions will be conside~ as part pi: the application for approval and may be subject to iurther verification and public review. Provide any additior information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full E?,F will be dependent on ~nformation currently available and will not invol new studies, research or investigation. If m formation requiring such add~uonal work is unavailable, so indicate and spec: each instance. NAME OF ACT[ON Richard F. Mullen III & William ~. Mullen Zone Chan~e Application Main Road, Southold, NY 11971 Town of Southold, County of Suffolk NAME OF AePLIDANTISPON$OS Richard F. Mullen III & William ~. Mullen BUSINESSTELEPNOHE ~516)7~-3564 ADORESS e/o Mullen Motors, Inc. P.O. Bo~ 1408 CI~]PO STATE ~[P CODE Sou~hold, ~¥ 1197l Albert W. Albertson, Jr. and Donald B. Katz _3=75 Water Circle, Boca Raton, FL 33486 (AWA) Ferry Road , Sa~ Harbor ,NY 11963 (,DBK) BUSINESS TELEPHONE Applicants request zone change of subject premises from RB and R- ED B to perm~ use of said premises by Mullen Motors, Inc., an automobile dealership and service center. Please Complete Each Question-Indicate N.A. l~ no~ applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas 1. Present land use: ~oOrban [-1industrial ~ommerclal L~ResirJentia[ i~L~burhan) ~Forest [~A~riculture [~Other 2. Total acreage of prolect area: i. 2484 acres. ^PPROXiMATE ACREAC;E PRESENTLY AFTER CO~,tPLETIO[' /¥teadow or Brushland (Non-agriculturall acres acre: Forested acres acre Agricultural [Includes orchards, cropland, pasture, etc.) ' acres acre, Wetland (Freshwater or t~dal as per .Articles 24, 25 of ECLi acres acre Water Surface .Area acres acre Unvegetated (Rock. earth or iill) acres acre Roads. buddings and other paved surfaces aporox .9 acres ,9 acre: Other [InDicate Ur'eel. acres acre 3 What ~s predominant ~oiJ type(sJ on project site? ~ph~l r. ~r~'~r~=l nnd a. Sod drainage: E~Well dramed i00 % of sJte ~;~toderateiy ,,veil dramed % of site ImPoorly dramed % of site bIi' any agrlcu[tura~ I~nd ~s revolved, how many acres or sod are classii[ed w~thin ~od ~roup 1 through 4 Land Ciass~hcauon System? acres. (See 1 NYCRR ]TOi. a ~,re there ~edrock outcroppmgs on prolect ~te? -"res a. What :s depth to bedrock~ iin fee~.J ~_Rural (non-~a. 5..Approximate percentage of proposed project site with slopes· []0-10% 1~15% or greater 6. Is prolect substandalh,' conUguous to. or contain a building, s~te. or district, listed on the State or the National Registers of Historic Places? []Yes 7. Is project suustantialU contiguous to a site listed on the Register of National Natural Landmarks? ~lYes x~No 8. What is the depth of the water table? (in feet) unknown -water provided by Gceenport municipal± 9. Is site located over a primary, principal, or ~ole ~ource aquifer? ~Yes J~No 10. Do hunting, fishing or shell fishing opportunities presently e,xist in the project area? ~Yes ~o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I~¥es ~,No According to Identify each species 12. Are there any unique or unusual land forms on the proiect site? Ii.e_ cliffs, dunes, other geological formationsl Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation' ~rea? If yes, explain 14. Does the present sire include scenic views known to be impor[ant to the community? 15. Streams ,,v~:hm or c~ntJguous to proiect area: norie~ a. Name of ~tream and name of River to which it is tributary 16 Lakes. a. Name none 17. Is ~he ~ite _;erved bv~x~sting puolic utilities? Ea:Yes ~No _~1 If Yes. does suffic:ent capacity exist to allow connection/ bi if Yes...,,1[ impro..ements be necessary to allow connect/on? ponds, wetland areas within or contiguous to prolect area: b. Size (In acres~ I~No I~Yes ~No 18. Is the s~te located .n an agricultural distr~ct certdied pursuant co .Agriculture and Markets Law. ~,rticle ~ection 303 and 30,J.? I~Yes 19. I~ the site ~ocated in :r sub~tanuallv contiguous to a Critical Envtronmental Area des,gnated ~ursuant to ~.rucle 8 of the ECL. and 6 N'rCRR 617~ ~Yes ~No 20 Has the s~:e ever been used for the disposal of solid or hazardous ..vastes~ ~Yes ~No B. Project Description - no immediate changes to site, 1. Physical dimensions and scale of proiect (fill in dimensions as appropriatel a. Total contiguous acreage owned or controlled by project sponsor b. Proiec: acreage to be developed: acres ;mtiallv; c. Project acreage :o remain undeve!oped __ __ acres. J. Length of proiec:. ,n miles: (If appropriatet e. If the 2rolect is an expand,on. ,ndicate percent of expansion proposed f. Number of off-street parking spaces ex~sting ==. ,',dax~m~m vehicular tr~ps generated per hour h. If residential: Number ano :,,.pe of hous~n~ umts: One Faro,I;. Two Family Initially Ultimatelv Dimensions (in teeq o~ [ar.~e.~c proposes ~[ructure height: · Linear :eet see attached sheet-Informational Deta acres ultimately · proposed Nlultlple Famdv Condominium 'eng~h 3 2. How much na~ura] matena[ rock, earth, etc.) wdl be removed from site? 3. ?,11[ disturbed areas be reclaimed? E]Yes [~No ON/A a. if yes. for what intend_.~ purpose is the site being reclaimed? b. Will topsoil be stockpiled ~or reclamation~ ~Yes ~No c. Will upper subsoil be stockpiled for reclamation? ~Yes ~No 4 How m~nv ~cres of vegetation (trees, shrubs, ground covers) wHI be removed ~rom site~ ~cres. 5. ',viii any mature forest (over 100 years old) or other Iocal[v-imDort~n~ vegetation be removed by this project? OYes ONo 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? l-lYes f~No 9. ,Number oi jobs generated: during construction 10 Number of jobs eliminated by this project 11. Will prmect require relocation af any projects or facilities? (number). months, (including demolition). month month OYes ONo tons/cubic yards ; after project is complete year. (including demolition). year. OYes fqNo If yes. explain 12. Ls surface Hquid waste disposal involved? [~Yes E]No a If ,,'es, indicate type of waste (sewage, industrial, etc./ and amount b. Name of water body into which effluent will be dischar]ed 13. Is subsurface liquid waste disposal involved? t-lYes I~No Type 14 Will surface area pi: an existing water body increase or decrease bv proposal? Expla,n rqYes ~No '15 I~ prolect or any portion of project located in a 100 year flood olam? 16 ,viii the prolect ~enerate solid waste? OYes fiNo a. If yes. what is the amount per month tons b. If ,,'es. will an existing solid waste facility be used? ~Yes ~No c. if yes. 8ire name · location d. Wdl any wastes not ~o into a sewage disposal system or ~nto a sanitary landfill? e. If Yes. explain OYes ~No [~Yes ,~No 17 Will the project involve the disposal of solid waster a. If yes. what is the anticipated rate of disposal? b. ][ yes, what is the anticipated site life? 18. Will prolect rise herbicides or pesticides? I~Yes OYes ~iNo tons/month. years. I--No ]9 ",Viii prolect routinely produce odors (more than one hour per day]? [qYes 20. ,vdl prolect 0roduce operaong noise exceeding the local ambient noise levels? 2!. Will prolect result in an increase in energy use? I-Wes ONo If yes . indicate type si fi)No ~Yes If water suoply is from wells, indicate pumpm§ capacity Tota~ an[)opated water usage per day gallons/day. Does ~rolect revolve LocAl. State or Federal funding? m_Yes gaJlonstminute 4 25. Appro'.als Required: pe Submil(al Date City. Town. Villa§e Board E~'(es [~No City, Town. Village Planning Board ~Yes City. Town Zoning Board E~Yes [~No City, County Health Department []Yes [~No Other Local Agencies ~'~es Other Regional Agencies I~Yes ~lNo State Agencies ~]Yes I-INo Federal Agencies I~Yes C. Zoning and Planning Information I Does proposed action involve a planning or zoning decisiofff ~Yes ElNa If Yes. indicate decision required: ~]zonin~ amendment ~zoning variance I-qspecial use permit I~subdivision ~new/revision pi: master plan I~resource manaE, ement plan ~other 2. What is ~he zonin8 classi¢icationts)of the ~itef ~ and 3. What is ~he maximum potential development of the ~ite i¢ developed ~s permibted by (he present z~ninBf construction of three (3) additional sinEle f~mily 4. Wha~ ~s the proposed zonmg o~ the si~e~ General Business District 5 What is the maximum potential deve[o;ment of the ~ite if developed as permitted by the ~roposed zoning? no addi~ionai development planned with the exception of possible improvement of existing parking loc on vacant lot 24 i 6 Is the proposed action cons~s[entw,th the recommenJed uses in adopted IocaJTand use plans~ :~Yes 7. What are the predominant land use(s) and zoning classifications within a % mde radius,a? proposed General Business District, Hamlet Business District, R-&O District 8 Is the proposed action compatible w~th adioinin~,Jsurrounding land uses within a '/, mile? .'~,Yes 9. I~ the proposed action is [he subdivision o~ land. ho;',, many lots are proposed? n/a a. What is the m,nimum lot size proposed? 10 Will proposed action require any author,zation(sJ for (he formation pi: sewer or water distr~cts? ~Yes ,~N~ 11. Will the proposed action create a demand for any community provided services (recreation. education. Do[ice fire protection)? ~Yes ~No a. If yes, is existing capacity ~ufficlent to handle projected demand? F~Yes ~No 12 Will the proposed action result in the generation pi~ tr~f[ic sigmficantJ¥ above p£esent levelst ~Yes · a. I[ yes. ~s the existin~ road network adequate to handle the additional traffic! t~Yes ~No D. informational Details Attach any addltionaJ ,nformauon as may be needed [o clarify '/our proiect, if there are or may be ~nv advers~ impacts associated with your proposal, please discuss ~uch ~mpacts and the measures which vou propose (o mitigate o avoid them See attached. E. Verification I certify ~hat the information 2rowded above is true [o the best of rnv knowledr~e. Apolicant/$ponsor Name Richard F_ ,~h,ll¢.. TTT (. W'~ll~m ~ ~,llltn Da~e (-~~-~'-Cl I[ Ihe action is in the Coastal Area, and you are a slate agency, compiele [he Coastal Assessmenl Form belore proceeain with this assessment. Addendum to Full Environmental Assessment Form - Application of Richard F. Mullen. Ill and William F Mullen's Application tbr Zone Change (SCIM #'s 1000-62-3-22.1 &24 I) D Informational Details ,46 stated in their petition, app[/cants seek a zone change fi-om I-t_13 and R-40 Districts to B District in order to permit use of the subject premises by Mullen Motors, Inc.. an automobile dealersNp and service center, presently operating on adjoining premises. Applicants ha~,'e no plans to change the conflgmration of existing buildings on the site. In the future, Mullen Motors may use one or more of the buildings on tax map lot 22. l (commonly known as "Colonial Comers") as additional office space for its sales, clerical and inventory_ control operations. The subject premises also includes vacant land. identified on the tax map as lot 24.1. While the existing zoning of this lot is R-40, the property has been used as an overflow parking lot fur Colonial Comers patrons and employees for many years. In the future, Mullen Motors ma.,,, seek to screen and improve the parking facilities on this lot. PROOF OF MAILING OF NOTICE NAME Richard F. Mullen, Jr. (as to lots 22.1 and 24.1) Albert W. Albertson, Jr. (as to lots 22.1 and 24.1) Gertrude Katz (as to lot 22.1) Southland Corp. (as to lots 22.1 and 24.1) Anthony and Debra L. Soto (as to lots 22.1 and 24.1) Janet Ryan (as to lot 22.1) Esther M. Piiies (as to lot 22.1) Charles W. Witzke (as to lot 22.1) Donald B. Katz (as to lot 24.1) Barbara S. Adams (as to lot 24.1) ~illiam Corbitt as to lot 24.1) David Szczesny and another (as to lot 24.1) Doris Zito (am to lot 24.1) ADDRESS No # Main Road, Southold, NY 11971 Colonial Corners, Main Road, Southold, NY Colonial Corners, Main Road, Southold, NY Attn: Ad Valorem Tax P.O. Box 711, Dallas, TX 75221-9867 560 Sterling Road Cutchogue, NY 11935 Main Road, Southold, NY 11971 Briedstadt Ct., Southold, NY 11971 56215 Main Road, Southold, NY 11971 11971 11971 Colonial Corners, Main Road, Southold, NY 11971 P.O. Box 1074, Shelter Island Heights, NY 11965 P.O. Box 551, $outhold, NY 11971 ~ Sandpiper Lane, East Quogue, NY 11942 295 Locust Lane, P.O. B~x 181, Southold, NY 1197! STATEOFNEWYORK : COUNTYOFSUFFOLK: SS.: , bein~ duly sworn, deposes ~nd s~ys ~haz on ~h: ~'~ day of ~ , 19 ~ , deponen~ re;lied a ~rue copy of the.~odc: set fDrzh on ~he reverse ~id~ hereof, directed ~o each of :he abov-.-named persons a~ :he addresses se~ oppbsiEe their respective names; :hat the addresse~ see opposite the name~ of said persons are ~he addre~se~ of said persons as shown on the cur- rent assessmen[ roll of thc Town of 5outhold; tha[ said Notices were mailed at the United States Post Office az ~a~f{~ ~ ;[ha[said Nolices were mailed toeach of said persons by (cer:ified) mail. Sworn to me d~is PART 1--PROJECT INFORM/~TION Prepared by Project Spot,_ , NOTICE: This document is designed to assist in determming whether the action proposed may have a s~gnificant etfe on The environment. Please complete the entire form. Parts A through [. Answers to these questions will be cons~der~ as part of the application for approval and may be subiect to further verification and public review. Provide any addiuon information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF ',','ill be dependent on informauon currently available and wdl not invoi. new studies, research or investigation. If information requiring such additional work is unavailable, so mdicate and spec~ each instance. NAME OF ACTION Richard F. Mullen III & William ~. Mullen Zone Change Application Main Road, Southold, NY [197! Town of Southold, County of Suffolk Richard F. Mullen III & William ~. Mulien (5161765-3564 ADDRESS c/o Mullen Motors, Inc. P.O. Box 1408 CiTY/PO I STATE :Il= CODE Southold, ] .Ny ]197 Albert W_ Aibertson, Jr. and Donald B. Katz ISI~I -I~-I) IL~5- ADDRESS 23275 Water Circle, Boca Raton, FL 33486 (AWA) c~tPo I ~T~VE ZmCOOE Ferry Road , Sag Harbor ,NY 1!963 (DBK) DESCRIPTICN OE ACTION Applicants request zone change of subject premises from HB and R-~ to B to permit use of said premises by Mullen Motors, Inc., an automobile dealership and service center. Please Complete Each Queslion--indicate N.A. if not applicable A. Site Description Phys<al setung of overall prolect, both developed and undeveloped areas. ~ Present land use: ~Urban ~llndustr~a[ ~Commerclal ~Residential (suburban ~Fores~ ~]Agriculture [~Other 2. Total acreage of project area: ... 1.2484 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIOF', Meadow or 8rushland (Non-agriculturall acres acres Forested acres acre5 Agricultural (includes orchards, cropland, pasture, etc.) acres acret Wetland (Freshwater or tidal as per ~.rt~cles 24, 25 o1: ECLJ acres acret Water Surface Area acres acret Unvegetated (Rock. earth or fill) acres acre, Roads. buddings and other paved iurfaces approx .9 acres ,9 acre Other ~[ndicate type} acres acre a Sod drainage: I~Well drained 100 % of sJte ~.Ntodera[ew ,.veil drained % or i~te I-iPoorly drained % of site b. If any ag.cuitural land ~s revolved, how many acres of soil are classdied w~thin sod group ] through 4 of the; Land Classy,cat,on System~ -- acres. {See 1 NYCRR 370l ~lRural Inon-fa, PETITION NO. J/o~-~ RECEIVED JUN 5 1997 $ou~ol~ Town Cler~ STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHANGE, MODIFICATION OR ORDINANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, PETITION RICH~ F. MULLEN III and WILLIAM ~. MULLEN AMENDMENT OF THE BUILDING ZONE NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: ?.ichard F_ :'~ullen II! and I_ ,l..:e, William~- '~'~ullen , residing at ,-',~ Mirll~n MnK,n,-~ p N R.~v I~]R Petitioner Sout~old, NY L197[ Suffolk County, New York, the under$igned,^a~ .t~ ew~t~r of certain real property -'are contract vendees situated at Main Road, Southold, NY and more particularly bounded and described as follows: Property is presently owned by Albert W. Albertson, Jr. and Donald B. Katz. SCTM 'J's 1000-062.00-03.00-022.001 & 02~.001. See attached Schedule A for metes and bounds description of premises. 2. We do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: change of zone of the mbove described premises trom HamleE Business District ,HB and R-40 district to General Business District (B) Such request is made for the following reasons: Change of zone to Gemeral Business District lB) with Special Exception would permit use of premises by HuLien Motors, Inc an automobile dealership and service center, which presently operates on an adjacent parcel. Richard F Mullen, III William ~. Mullen STATE OF NEW YORK)ss: COUNTY OF SUFFOLK) Richard F_ Mullen III and ~i'. Mulleu BEING DULY SWORN, deposes and says that I~.~i~ the pet~hon ~n the within action; that he h~.= read the foregoing Petition and knows the contents thereof; that the same is true to h~ [h~r] own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters k~e believes it to be true. Signature ti]is 2~ day of'~T~z~(m-- , 19~7 lic ~':. 0~C05024F~40 5. ~.pproxm~a[e pPrcentage of proposed project[ site with slopes. E]O 10% Q15% or ]rooter 6. I~ profecb ~ubs[antiallv cond~uou~ [o, or contain a bui[din8, ~i[e, or district. [i~[ed Regtsters of Historic P~aces~ ~tes ~No 7 [~ 0roiect substantially contiguous ~o a site listed on the Register of National Natural L~ndmarks~ ~'fes ~No 8. What is the depth of the water table? (in feet) unkno~ -water pro~ided by Oreenport municipal 9. is site located over a primary, principal, or sole ~ource aquifer¢ ~Yes ~No 10. OD hunting, fishing or shell fishing opportunities presently exist in the project area{ 11 Does project site contain a,y species of pl3n[ or animal life [ha/ ~s identified as threatened or endangered? ~Yes ~No According to Identify each fpecies 12. Are there any unique or unusual land forms on the pro~ect site~ (i.e.. cliffs, dunes, other ]eolog~cal formations) ~Yes ~No Describe fs the prolec~ site presently used by the communit[y or nmghbornood as an open ]Dace or recreation ]rea/ if yes. explain Does the DroneD[ site include scenic views known to be ~mportant (o the communitvt ~No S~re~ms w,:hin or contJ~uous ~o ~roiec[ area: ~O~e a. Name of S~re~m and name of River to which ~t ~s tributarv 16 Lakes. ponds, wetland sreas within or contiguous t[o prolect area: 17 Is the s,te served bv~,,sung, public uulities~ I~:Yes ~No 3) ]f 'res, :Des suffic:en[ capacRy exist to adow connecbon? bi If 'res. ,,dl improvements be necessarv to allow connect[ton? b Size (In acresl 'i~'f es F-No ~.Yes '~No Is ~he s~te located in an agricult[ural dlstnct certified pursuant to Agricult[ure and ,Markets Law. Arucie 25-AA. Section 303 and 3041 [~Yes E~'4o Is the site located ~n or substantially cont[iguous to a Criucai Enwronmenta[ Area destgnated pursuant to .',rricle ~, of the ECL. and 6 NYCRR 617~ ~Yes ~No 20 Has the site ever been used for the disposal of solid or hazardous wastes? [~Yes ~No B. Project Description - no immediate changes ~o site. see attached sheet-Informational Der 1. Physical dimensions and scale of project (fill in dimensions as appropnat[eJ a. Total contiguous acreage owned or controlled by prolect sponsor b. Prolec: acreage to be developed: acres init[Jolly; c. Prolec: acreage to remain undeveloped acres d. Length of project. ~n miles: (If appropriate) h. If res~denual: Number and type ol~ housing urals: One Family Two Famdv acTes acres ultimately. Multiple Family 25..Approvals Required: Submiltal Date . ?pe C~ty. Town, Village Board ~Yes [~No City. Town. Village Planning Board eYes ~]No CiL,/, ~-own Zoning Board ~]Yes I~No City. Count,,' Health Department ~'fes E~No Other Local Agencies ~¥es ~No Other Regional Agencies L.~Yes [~No State Agencies [~¥es [~No Federal .Agencies ~,Yes [~No C, Zoning and Planning Information 1 Opes proposed action involve a planning or zoning decisiorff ~'¥'es []No If Yes. ,ndlcate dec~sion required: ~:_omng amendment ~zonlng ,/arlanCe ~soec~al use perm[[ ~subdivision ~sl[e plan 2. What ~s the zonin~ class~ficac~onts]o[ [he slte~ H~ 3~d R-40 ] What is the maximum potential development of the site if developed as permitted by the present zomng~ ~onstruction of three (3) additional qinEle f~mily aw~lling~ nn vmnqnr R-4fl lnrq ~, What ~ the p~opo~ed zonmB o~ the ~e~ Qeneral Bus.ess District ~ Wha~ ~ ~he maximum ~enUa~ development o~ ~he ~te ff developed a~ pe~m~ted 6v the p~opo~ed no gdditional development planned with the exception of possible improvement of existing parking lot )n vacant lot 2~ General Business District, Hamle~ Business District, R-40 District 8 Is U~e proposed action compaub[e with adioinin~Jsurrounding land uses w~th~n a ", mde! :[~Yes ~; cj If the proposed action is the subdiws~o, o1: land, how many [o(5 are ~roposed~ Q/~ a. What rs the mm~mum lot size proposed~ 10 Will proposed gctmn require zny ]uthoriza[~on(s) for the formation of sewer or water districts? ~kes ~f 11 Will the proposed action create a demand for any community provided services (recreation. education, polic fire protectionJ~ ~'(es ~No a If yes, is exist~n~ capacity ~ufficien~ to handle ~roiected demand? ~Yes ~No 12 Will the proposed action result in the generation of traffic significantly above present [evels¢ ~Yes ~b a. I[ yes, ms the existing road network adequate to handle the additional trzffic~ ~Yes ~No. D. Informational Details .Attach any ~ddi[[ona] ,nformaoo. as may be needed to clarify ',.our prolect. If there are or may be any adve~ impacts ]ssoci~ted with your proposal, please discuss such ,mpacts and the measures which you propose (o mitigate E. Verification I certify that the information prowded zbove ~s true to the best pi: mv knowledge. -~pplicantlSDonsor Name ~rh~ra F "lullen TTT .~ W~11~=~ ~ H,,11~ Date ~'~-~ ~ I1 'he ~ction is in [he Coaslal Area. and ~ou are a slate a~ency, comolete the Coaslal Assessment Form beiore oroceed PETITION NO. ~-~/~--~ STATE OF NEW YORK TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF RECEIVED JUN 5 1997 Soutkold To'~n CJerk RICHARD F, MULLEN III and WILLIAM J~. FOR A CHANGE, MODIFICATION OR AMENDMENT OF THE BUILDING ORDINANCE OF THE TOWN OF $OUTHOLD, SUFFOLK COUNTY, NEW YORK. PETIT]ON MULLEN ZONE TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: Richard F. Mullen III and I. ,We, William~' Mullen , residing at Petitioner Southoid, NY 11971 Suffolk County, New York, the undersigned,~a~reM~contract~vendeesOf certain real property situated at Main Road, Southold, NY and more particularly bounded and described as follows: Property is presently ow-ned by Albert W. Albertson, Jr. and Donald B. Katz. SCTM ~'s 1000-062.00-03.00-022.00! & 024.001. See attached Schedule A for metes and bounds description of premises. 2. We do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York. including the Building Zone Maps heretofore made a part thereof, ss follows: cAange of zone of :he above described premises from Hamlet Business District (HB and R-40 district ~o General Business District (B) Such request is made for the ~llowing reasons: Change of zone to General Business District ~B) with Special Exception would permit use of premises by blullen Motors, Inc an automobile dealership and service center, which presently operates on an adjacent parcel. Richard F- Mullen, III Signature William ~, Mullen STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) Richard F. Mullen III and William ~. Mullen BEING DULY SWORN, deposes amd says that ~Wl~--i~J the pebt~on ~n the within action; that he hes read the foregoing Petition and knows the contents thereof; that the same is true to ~ (I,~.) own knowledge, to the matter,s_.jherein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Signature Sworn to before me this ~ day' of~'~z- 19c~-~ CRotary Public SCHEDULE A ALL that certain [,lot, pzece ut- parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, kuown and designated o, a dJ. agt'am of loLs belonging to Jane A. Cocbran, dated October 1867 and duly fi[ed in tire Offlce of the Suffolk County Clerk as Lots ~ & 2 ami loLs 26, 27 & 28 and described property, more particularly bounded and described as foJlows: BEGINNING at a point at the intersection formed by the soul:he['ly line of Main Road (NYS Rt. 25) and the ~'esterly line of Locust Avenue; RUNNING TIIENCE from said point and place of beginning along the ~'esterly line of Lncust Avenue South 22 degrees 21 minuLes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesn¥; THENCE a]ong said lands of Davzd & Janice J. Szczesny and .Lands now or formerly of Yilliam Corbett South 73 degrees 21 ~inutes 50 seconds West a distauce of I62.66 feet to a point arid lands now or formerly of Barbara S. Adams; THENCE aJong said lands of Barbara S. Adams and Jands now nj- former[/.' of Richard F. Hullen, Jr. NorLh 17 degrees I0 minutes OO seconds I~'est a distance of 48.95 feet to a point; THENCE North 18 degrees (35 minutes 50 seconds West a distance of ~09.~7 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE NocLh 15 deg~-ees ]2 minutes O0 seconds I~'est a dlstance of ~71.7a feet to a point and the s,autherlv line of }tain Road (NYS Rt 25); THENCE ~iong the southerly line of Main Road (NYS Rt 25) NurLh 87 degrees 02 minutes O0 seconds East a d/stance of IOO.OO feel: to a point; FIIENCE NorLh 85 degrees 37 minutes O0 seconds East a distam:e of 98.92 feet ~o the point and place of BEGINNING: 617.21 Appendix A Stale Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applican~ and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be 51gniflcant is not alway~ easy to answer. Frequent- Iy, there are aspects of a prolect that are subjective or unmeasureable. It is also understood that those who determine 5ignii~icance may have iii:tie or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have kno~¥1edge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicani~ and agencies can be assured thai: the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a proiect or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given proiect and its site. By identifying basic proiect data, it assisi:s a reviewer in the analysis that takes place in Parts 2 and 3: Part 2: Focuses on identifying the range of possible impacts that may occur from a proiect or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigat, ed or reduced· Part 3: If anvimpaccin Part2 is~dentified as potentially-large, then Part3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions of E,AF c~]mpieted for this project: ~ Part 1 ~ Part 2 F~Part 3 Upon review of the mform~tion ~ecorc~ed on th~ EAF (ParTs 1 and 2 and 3 if appropriate], and any other supporting information, and considerm~ both the magitude and importance of each impact, it is reasonably determined by ~he lead agency that: [] A. The oroiect w,ll not result ;n any large and important impact(s) and, therefore, is one which will not have a significant impact .an the enwronment, therefore a negafive declaration will be prepared. [] 8. Although the project could have a $igmficant effect on the environment, there will not be a significant effect for this Untist~d Action because the mitigation measures described in P?,RT 3 have been required· therefore a CONDITIONED negative declaration will be prepared.* [] C The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive decJaratlon will be prepared, ' A Conditioned Negative Declaration is only vaNd for Unlisted Actions Name of %trion Name o~ Le3d Agenc',' Print or Fype Name of Re[Dons~ble Officer in Lead ~,genc'/ Title of Responsible Orhcer PART 1--PROJECT INFORM,'TION Prepared by Project Sponsor NOTICE: Th~s document is des*gned to assist in determining whether the action proposed may have a significant elf. on the environment. Please complete [he enure form. Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subiect to/urther verification and public review. Provide any additior information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAr will be dependent on information currently available and will not invo~ new studies, research or investigation. If information requiring, such additional work is unavailable, Jo indicate and spec each instance. Richard F. Mullen III & William ~. Mullen Zone Change Application LOCATION OF ACTION (Include Sir.el Adclres5, Municrp,alll¥ and CounlyJ SCTM # ' s 1000-62-3-22.1&24, l Main Road, Southold, NY 11971 Town of Southold, Coun:y of Suffolk NAME OF APPLICANT/SPONSOR BUSINESS tELEPHONE Richard F. Mullen III & William ~. Mullen I516)7~-~564 ADDRESS -- c/o Mullen Motors, Inc. P.O. Box 1408 ClI~f/PO STATE ZIP CODE Soul:hold, ~ ! ] 97 I NAME OF OWNER (It (311raren(I BUSINESS TEL-CPHONE Albertson, Jr. and Donald B. Katz 131G) Albert W. ADDRESS 23275 Wacer Circle, Boca Raton, FL 33486 (AWA) CI~/PO I STATE ZIPCOOE Ferry Road , Sag Harbor .NY i1963 (DBK) DESCRIPTION OF ACTION Applicants raques~ zone change of subjec: premises from HB .and R- to B ~o pern~t use of said premises by Mullen Motors, Inc., an automobile dealership and service cen~er. Please Complete Each Question-Indicate N.A. ii not applicable A. Site Description Physical Jetting of overall project, both developed ;nd ondeveloped areas. 1. Present land use: I~ljrban r-Ilndustnal ~]Forest -1Agriculture 2. Total acreage o~: proiect area: [.2Zfl]q. APPROXIMATE ACREAGE Meadow or Brushland iNon-agriculturall Forested I~Commercial I-IOther F~Residenua[ I:suburban) acres. .Agricultural [includes orchards. ,.ropland. pasture, etcJ Wetland (Freshwater or bdal a~ per Articles 2-~. 25 o~: ECL) Water ~urface ,Area Unvegetated (Rock. earth or fill) Roads. 0uddings and other paved surfaces Other !Indicate [ype~ 3. What ~s predominant ~o~[ typet$) on prolect site? a~pha]r. a. Sod drainage: b_,~WeJl drained [00 % o1: sJte ~.Poorly drained % of s~te ~]Rur~l [non-~c PRESENTLY acre5 acres acre approx. 9 acres . ? acre (~Moderately well dra,ned . % of s~te AFTER COt,4PLETIO~' acre b. [f any ]Socultura] land is ,nvolved. how rnanv acres or sod 3re class~[ied w~thm ~od grouo 1 ,'hrough 4 of [he Land Classification System~ acres. (See 1 ,N'~CRR J70). Are there 3edrock outcroppings on prolect sIce¢ ~'f'e5 ~No a. What's depth [o bedrock? (in feet) 5. Approximate percentage pi proposed proiect site with slopes: ~]0-1076 u % __.10-15% % ~15% or gre~ter % 6. Is proiect substantially contiguous ~o. or contain a building, site. or district, listed ,;n the State or ~he National Registers of Historic Place~l ~Yes ~No 7. Is prolect ~ubstant~ally cont~uous to a site listed on the Re~ister of National Natural Landmark~ ~Yes ~No 8. What is the depth of the water table? __ (in feet) unkno~ -water provided by Greenport municipal~ 9 15 site ~ocated over a primary, principal, or sole 5puree aquifer? ~'fe5 ~No 10. Do hunting, fishin~ or shell ~ishing opportunities presently exist in the proiect are~ ~Yes ~o ~1. Does project site contain ~ny species of plant or ~nimal li~e that is identified ~s ~hreatened or endangered~ ~Yes ~No According to Identif~ each species 12. Are there any umque or unusual land forms on the prolect site? (i.e., cliffs, dunes, other geological formations) ~Yes ~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation ~,reaf [Yes ~-INo If yes, exglain 14. Does the present site include scenic views known to be ~mportant to the communityt [Yes L~No 15. Streams within or contiguous to proiect area: a. Name of Stream and name of River to which it is tributary 16. Lakes. ponds. ',~etland areas withm or contiguous to prolect area: 17. Is the site ser'.ed bv~x~stin$ public utilit~es~ ~:Yes a) If Yes. does sufficient capacity exist to allow connection{ b) If '~es. will ~morovemen[s be necessary to MIow connectionf b. Size (In acresj ~Yes I~No -~4No 18. Is the s;ce located in an ~gncu[tural distr~ct certified pursuant to A~ncuiture and ,Markets Law. Article 25-A.*. Section 303 and 304~' ~Yes 19. [s the ~te located in or substantially contiguous to of the ECL. a~,d 6 NYCRR 20. Has the site ever been used for the disposal of solid or hazardous wastes? r~Yes _~No B. Project Description - no immedia:e changes to site, see attached sheet-Informational Deja 1 Physical dimensions and scale DJ: project (fill in dimensions as appro~natel a. Total contiguous acreage owned or controlled by prolect sponsor b. Prolec~ acreage to be developed: acres init/a/Iv; c. Prolect acreage to remain undeve!oped acres d. Length of prolect, in miles: !If appropriate) e. If the Drolect [s an expar]s~on, mdicate percent of expansion proposed h. If residential: Number and type of housmg umts: One Family Two Fan,Iv 3 acres ~Jitlmatel¥. *% ,'~%u I tlple Ftmdy -rio th: enoch 2. How much r~atura] material [, rock, earth, etc.) will be removed from site? _ 3. VVill disturbed areas be reclaimed? lyes []No I~NIA. a If yes, for what mtend_~ purpose is the s~te being reclaimed? b. Will topsod be stockpded for reclamauon? I~Yes [No c. ',Viii upper subsod be stockpiled ior reclamation? I~Ye5 I-]No 4. How many acres oi~ vegetation [trees. shrubs. ~round covers) will be removed from site? acres. 5. Will any mature forest [over 100 years old) or other locally-important ve§etation be removed by this project? OYes L~No 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c. ,Approximate completion date of i:[nal phase d. Is phase 1 functionally dependent on subsequent phases? 8. Wilt blasting occur during construct/on/ f~Yes I-INo 9 Number of jobs g, enerated: during construction 10. Number of jobs eliminated by this I~roiect 11. Will prolect require relocation oi~ any projects or facdiUes? [number). months. (including demolition) tonsjcub~c yards month year. (including demolition) month year. I-lYes [~No - after project is complete ~]Yes ~]No If yes. explain 12. Is surface liquid waste disposal involYedT ~Yes I~No a. if ,/es. indicate type of waste /sewage, industrial, etc.) and amount b. Name of ,rater body into which effluent wd[ be discharged 13. Is subsurface liquid waste disposal involved? I~Yes (~No Type ~4. Will ~urface area of an existing water body increase or decrease by proposal? Explain [~Yes ~No 15. Is prolect or any portion of prolect located in a 100 year flood plamf ~'fes 16. Will the prolect generate solid waste? ~Yes ~No a. If yes, what is the amount per month tons b. [f yes. w.l[ an ex,sting solid waste facility be used? I~Yes I-!No d. Will any ,wastes not go into a sewage disposal system or into a samtary landfill? e. If Yes, expiain (~No ~]No 17. Will the project involve the disposal of solid waste? a. If yes. what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will prolec£ use herbicides or pesticides? OYes · ~Yes ~No tons/month. (~No 19. will prolec~ rouunely produce odors (more ~han one hour per dayJ~ ~Yes 20. will prolect produce opera£mg nmse exceeding the local ambient no~se levels? 21 Will prolec: result ~n an increase in energy use? [~Yes I~No If yes . rndicam typels) [~No [~Yes ~No 22. It ,water supply ~s from ,,veils, indicate pumping capacity 23 T,~tal annmpated water usage per day gallonstday. _"4 ,Does prolect mvoiw; Local, 5tote or Federal ~unding? ~Ye~ ga[tons/minute. ~--.No 4 25. Approvals Required: Sub.ii[tel City, Town. Village Board [~Yes []No City, Town, Village Planning Board EYes ~]No City, town Zoning Board ~Yes []No City, County Health Department f~Yes ~]No Other Local ,Agencies EYes ~lNo Other Regional Agencies ~]Yes ~lNo State ,Agencies I~Yes ~]No Federal Agencies []Yes [No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision' ~Yes f~No If Yes. indicate decision required: C~zonin~ amendment [~]zoning variance I~speciaJ use permit E~ubdivision [~site plan ' [~new/revision pi: master plan I~resource management plan J~other 2. What is the ~oning clas$ification(s)o~ the site? HB a.~ 3. What i~ the maximum potential development of the site if developed as permitted by ~he present zoningf' construction of three ('~ ~dd~ional qin_~]e famil]~ dwe~i~ngq 4 What is the ~roposed Zonln§ of the $ite? General Bus~ne~s District 5. What is the maximum potential development of the site i~ developed as permitted by the proposed .zoning? no additional development planned wi~h the exception of eossible improvement of existin parkinz iog o,n. vacant lot 24_1 6. Is the propose-~ action cSns~stent ,v~ch the recommended uses in adopted local rand use plans~ .~Yes 7 What are the predominant land use~) and gonin~ classifications w~thm a '/.mde radius pi: ~romosed action~ General Business District, Hamlet Bueiness District, R-40 District 8 ls the proposed action compatible ',~t~ adjoining/surrounding land uses ,.v~thin a % nde? _~-_'fes 9 If the proposed action is ~he subdiwsion of land. how many lots are proposed? a. What ~s the mimmum lot size proposed;~ 10 Will proposed action require any authorization(s) for the formation of sewer or water distnc[s~ 1~. Will the proposed action create a demand ~or any community provided ~erwces (recreation. educaoon, police fire protectiord? I-lYes I~No a. If yes, is existin~ capacity sufficient to handle projected demand? ~]Yes ENo 12 Will the proposed action result in ~he generation of traffic significandv above p£esent [eveis~ EYes ~Nc · a. Ii: yes, is the exbnn~ road network adequate to handle the additional trari:ic~ D. Informational Details ,Attach any additional reformation as may be needed (o ,:/arii:v ',,our prelect, rf there are or may be ~nv advers,, impacts associated ,,v~th your proposal, please discuss such impacts and the measures which ',ou propose !o rnrtigate o a,,o~d them. See attached. E. Verification I certify that the in~ormauon provided above ~s ~rue to the Pest or rnv ~nowledge. Applicant/Sponsor Name R~¢h~ra F. ~'t. 1]pn ITT ,~ Ig~]~nm ~ ~'III~P~ ~[e ~'~-~ ~ Il I~e aclion Js in ~he Coastal Area, ~nd you are a st;le a~en~, complele Ihe Coastal Assessmenl Form before Drocee~in Addendum to Full En,,ironmental Assessment Form - Application of Richard F Mullen. Iii and William F. Mullen's Application tbr Zone Change (SCTM #'s 1000-62-3-22. ! &24.1 ) D. Informational Detmls As stated in their petition, applicants seek a zone change from HB and R-40 Districts to B District in order to permit use of the subject premises by Mullen Motors. Inc., an automobile dealership and service center, presently operating on adjoining premises. Applicants have no plans to change the configuration of existing buildings on the site. In the ~ture, Mullen Motors may use one or more of the buildings on tax map lot 22. l (commonly known as "Colonial Comers") as additional office space for its sales, clerical and inventory, control operations. The subject premises also includes vacant land, identified on the tax map as lot 24. I. ~¥tfile the ex. isting zoning of this lot is R--40, the property has been used as an overflow parking lot fur Colonial Comers patrons and employees for many years. In the future. Mullen Motors may seek to screen and improve the parking trhcilities on this lot. TO~VN BOARD, TOtVN OF SOUTHOLD In the Ma[ter of the Petition of Richard F. Mullen III & William ~. Mullen to the Town Bo,~rd of the Town of Souchold. TO: RICHARD b~LLEN, JR. ALBERT ALBERTSON, JR. GERTRUDE KATZ SOUTHLAND CORP. - ATTN: AD VALOREM TAX ANTHONY SOTO AND DEBRA L. SOTO JANET RYAN ESTHER M. PILLES CHARLES W. WITZKE DONALD g. KATZ BARBARA S. ADAMS YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNERS WILLIAM CORBETT DAVID SZCZESNY AND ANOTHER DORIS ZITO 1. That it is the intention of the undersigned to petition the Town Board of the Town of Sou[hold to change of zone and special exception to permit use of premises by Mullen request a Motors Inc.~ an automobile dealership and service center 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed ~follows: Main Roadt 8outhold, New YOrk and designated on Suffolk County Tax Map Number as 1000 - 062.00 - 03.00 ~ 022.001 and 024.001 3. That the property which is the subject of such Petition is located in :he following zoning dis:rfc:: Hamlet Business District (HB) 'a~d IR~ District 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: General Business District lB) 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed ;n the Southold Town Clerk's Office at Main Road, $outhold, New York and you may then and [here examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the rqattcr by the Town Board; that a notice of such hearing must be published ac least ten days prior :o the dace of such hearing in the Suffolk ~mes or in the Long Island Traveler-Ma[cituck Watchman, newspapers published in the Town of $ouchold and designated for the publication of such notices; rha[ you or your representative have the righ: to ap- pear and be heard at such hearing. June 4, 1997 Dated: Richard F. Mullen III and William ~, Mullen Post Office Address: c/fi.,~:~len-,M~ors, Inc. ~a~B:~oad, P.O. Box 1408, Southold, NY 11971 ? PROOF OF MAILING OF NOTICE Richard F. Mullen, Jr. (as to lots 22.1 and 24.1) Albert W. Albertson, Jr. (as to lots 22.1 and 24.1) Gertrude Katz (as to lot 22.1) Southland Corp. (as to lots 22.1 and 24.1) Anthony and Debra L. Soto (as to lots 22.1 and 24.1) Janet Ryan (as to lot 22.1) Esther M. Pilles (as to lot 22.1) Charles W. Witzke (as to lot 22.1) Donald B. Katz (as to lot 24.1) Barbara S. Adams (as to lot 24.1) ~illiam Corbitt as to lot 24.1) David Szczesny and another (as to lot 24.1) Doris Zito (as to lot 24.1) No # Main Road, Southold, NY 11971 ColonialCorners, Main Road, Southold, NY 11971 Colonial Corners, Main Road, Southold, NY 11971 Attn: Ad Valorem Tax P.O, Box 711, Dallas, TX 75221-9867 560 Sterling Rgad Cutchogue, NY 11935 Main Road, Southold, NY 11971 Briedstadt Ct., Southold, NY 11971 56215 Main Road, Southold, NY 11971 Colonial Corners, Main Road, Southold, NY 11971 P.O. Box 1074, Shelter Island Heights, NY 11965 P.O. Box 551, Southold, NY 11971 ~ Sandpiper Lane, East Quogue, NY 11942 295 Locust Lane, P.O. Box 181, Southold, NY 11971 STATE OF NEW YORK : COUNTY OF SUFFOLK.: SS.: , bein8 duly sworn, deposes and says that on the ~ d;y of ~ , 19 ~ , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the abov..-named persons at the addresses set opposite their respective names; :hat the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Sou[hold; that said Notices were mailed a: the United States Post Office at ~f?'~ ~ ; that said Notices were mai[ed to each ofsaid persons by (c~r:ified) (mg~:::~) mail. 5worn :o me this ~ . ~if~ ~ Suffolk ~ ~ ~mi~Jon E~lres March 1~, I~ Chap:er S8 NOTICE OF PrJBLIC kL~LA-P~-G ~ ~8-1. Providing no~ce of public hemrings. '~emever ~e Cede mils =or m oub~c ~e~g, ~ ~ppi7. L-pon ie~e~lr~ -~c ~ agg~caman :e,ne~g ~ ~no~cz~.on ,~bmil nro~ae for ~he= :is :o~. ~ s~ :e :~mmen~7 i~niaved :n -~e pr~pe~ '~voive~ ~ -~e ~g~canou ~u~. g~g =once ~erebv ~d ~e ~e ~e ]iac~ 0f -~e pum~c he~g 1,3) f~s ~m she ~ce~z ~e. ~ae s~ ~h~ be ~lay~ for ~ ~e~od af mst less ~h~n severn ~m~a:eiy p~ ~e ia:e ~f CODE ~om ~he prope~-~..; L~ciuded Ch the app,'~¢a~iom Suck requ~s~e~ ~osred a~ least seve~ ~f ~e ~ p~c ~e~ ~e ~ ~da~ ~ac ~he prolcon. JENNIFER B. GOULD Attorney at Law 828 FRONT STREET P.O. BOX 177 GREENPORT. NEW YORK 11944 TELEPHONE: 516-477-8607 FAX 516-477-0130 Hand Delivered Ms. Judith TenT Southold Town Clerk 53095 Main Road Southold, New York 11971 JUN 4 19 7 ~ 1'o~ C!~ June 4, 1997 Re: Zone Change Petition of Richard F. Mullen III and William H. Mullen Premises: Main Road, Southold, NY SCTM #% 1000-62-3-22.1 & 24.1 Dear IMs. Terry: Enclosed please find the original and two (2) copies of the petition tbr zone change and full environmental assessment form in the above matter, together with the six (6) copies of the required survey maps, my clients' non-refundable application tee in the amount orS1,000.00, and the notice to adjacent property owners and proof of service. Should you or the Town Board have any questions regarding this application, please do not hesitate to contact me. Very truly yours, Jennifer B. Gould enclosure cc: Richard F. Mullen III and William H. Mullen TOWN BOARD TOWN OF$OUTHOLD In the Matter of the Petition of Richard F. Mullen III & William 4- Mullen to the Town Board of ('he Town of Southold. TO: RICHARD P~LLEN, JR. ALBERT ALBERTSON, JR. GERTRUDE KATZ SOUTHLAND CORP. - ATTN: AD VALOREM TAX ANTHONY SOTO AND DEBRA L. SOTO JANET RYAN ESTHER M. PILLES CHARLES W. WITZKE DONALD B. KATZ BARBARA S. ADAbIS YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNERS WILLIAM CORBETT DAVID SZCZESNY AND ANOTHER DORIS ZITO 1. That k is ~he in~entian of the undersi§ned to petition the Town Board of the Town of Sou£hold to change of zone and special exception to permit use of premises by Nullen Motors Inc.~ an automobile dealership and service center 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed ~s follows: Main Road~ Southold, New YOrk and designated on Suffolk County Tax Map Number as 1000 - 062.00 - 03.00 - 022.001 and 024.001 3. That thc property which is ~hc subiect of such Petkion is located in ~he followin§ zonin§ dlstric~: Hamlet Business District (HB) ar~ R-~D District 4. That by such Pe'Hdon, :he undersi§ned will request that the above-described property be placed in the fallowin~ zone district classification: General Business District (B) $. That wlth{n five days from the d~te hereof, a written Petit[on requesd.~ the relief specified above will be filed ;n the Southold Town Clerk's Office at Main Road, Sou~hold, New York and you may ~hen and there examine :he same durin~ regular office hours. 6. That before the relief sought may be granted, a public hearin~ must be held on the n~ar:er by the Town Board; that a notice of such hearing must be published at least ten d~ys prior co :he date of such he~ring in the Suffolk lqmes oK in ~he Lon§ Island Traveler-Mattituck Watchman, newspapers published in the Town of Sou:hold and designated for the publication of such notices; :hat you or your representatiYe have :he riEht to ap- pear and be he.~rd at such hearin§. Juue 4, 1997 Dated: Richard F. Mullen III and William ~[. Muilen Post Office Address: c / ~..}~ .h~ ~e~ M~rto r s . Inc.. ~g-!~.Road, P.O. Box 1408, Southold, NY 11971 PROOF OF MAILING OF NOTICE NAME Richard F. Mullen, .Tr. (as to lots 22.1 and 24.1) Albert W. Albertson, Jr. (as to lots 22.1 and 24.1) Gertrude Kacz (as to lot 22.i) Southland Corp. (as to lots 22.1 and 24.1) Anthony and Debra L. Soto (as to lots 22.1 and 24.1) Janet Ryan (as to lot 22.1) Esther M. Pilles (as to lot 22.1) Charles W. Witzke (as to lot 22.1) Donald B. Katz (as to lot 24.1) Barbara S. Adams (as to lot 24.[) "lliam Corbitt to lot 24.1) .vid Szczesny and another [as to lot 24.1) Doris Zito (as to lot 24.1) ADDRESS No # Main Road, Sou[hold, NY 1197[ Colonial Cor~ers, Hain Road, Sou[hold, NY i1971 Colonial Corners, Main Road, Sou[hold, NY ]1971 At[n: Ad Valorem Tax P.O. Box 7ll, Dallas, TX 75221-9867 560 Sterling Road Cutchogue, NY 11935 Main Road, Southold, NY 11971 Briedstadt Ct., Southold, NY 11971 56215 Main Road, Sou[hold, NY 11971 Colonial Corners, Main Road, Sou[hold, NY 11971 P.O. Box 1074, Shelter Island Heights, NY 11965 P.O. Box 551, Southold, NY 11971 9 Sandpiper Lane, East Quogue, NY 11942 295 Locust Lane, P.O. Box 181, Sou[hold, NY 11971 STATE OFNEWYORK : COUNTY OFSUFFOLK: SS.: , being duly sworn, deposes and says £hac on [he C//-~ day of ~"~-u,e~_ , 19 c/'7 , deponent mailed a [rue copy of [he Notice set forth on [he reverse side hereof, directed [o each of thc abov,.-named persons ac the addresses set opposite their respective names; [ha[ the addresses se: opposite [he names of said persons are [he addresses of said persons 35 shown on [he cur- rent assessmenr roll of [he Town of Sou[hold; thai said Notices were mailed a[ the United Sca[es Pos[ Office al: ('~,~ ~7)~t~ ~ ~ ;[ha[ ~aid Nod[es were mailed [o each of said persons by (certified) mail_ Pub~, Stale ol New ymk March 14, 12 Sworn [o me this day of ~.Tu~ ,19~P . (.~// Notary Public l PETITION FOR REZONING CHECKLIST e/ FILE PETITION WITH TOWN CLERK ~ PAY FEE OF$1,000. ~'/ WRITTEN NOTICE TO ALL PROPERTY OWNERS IMMEDIATELY ADJACENT TO PROPERTY MAILED WITHIN 5 DAYS PRECEDING FILING OF PETITION ~ FILE PROOF OF MAILING SWORN STATEMENT W/CLERK'S OFFICE AND NOTICE MUST CONTAIN: ~ STMT OF PROPOSAL cf DESCRIPTION OF PROPERTY ~ PRESENT ZONE AND PROPOSED ZONE ~/ PETITION WILL BE FILED W/IN 5 DAYS ~l/ PETITION CAN BE REVIEWED IN CLERK'S OFFICE u( PUBLIC HRG MUST BE HELD ag' ADJACENT OWNERS RT TO BE HEARD ~,HRG ~I/ 10 DAYS BEFORE HRG NOTICE PUBLISHED IF APPLICALBE, FILE WAIVER OF NOTICE FROM PROPERTY OWNER W/CLERK'S OFFICE at/TOWN BOARD REFERS PROPOSED CHANGE TO PLANNING BOARD FOR REPORT u PLANNING BOARD TO PREPARE OFFICIAL REPORT W/RECOMMS. TOWN BOARD ADVERTISES PUBLIC HRG ON PROPOSED ZONE CHANGE APPLICANT [k)kLt{IC~-~ ~O3cO~ SEQRA CHECKLIST ~f/ACTION SUBJECT TO SEQRA ? ca INVOLVES ANOTHER AGENCY? [] TYPE l r~ FULL EAF COMPLETED [] PART I BY PROJECT SPONSOR [] PART II BY LEAD AGENCY ~ PART Ill, IF NEEDED. BY LEAD AGENCY [] INFORM AGENCIES [] SELECT LEAD AGENCY ~ REYIEW & DETERMINE SIGNIFICANCE: W/IN 20 DAYS OF APPLIC, EAF OR OTHER INFO NECESSARY TO MAKE DETERM, WHICHEVER IS LATER POSITIVE DECLARATION SCOPING OPTION CHOSEN DRAFT ElS PREPARED FOR LEAD AGENCY ACCEPTANCE [] DRAFT EIS ACCEPTED FOR PUBLIC REVIEW PUBLIC COMMENT PERIOD [] SEQRA HEARING OPTION EXERCISED [] FINAL ElS BY LEAD AGENCY EACH AGENCY MAKES FINDINGS TYPE !i REVIEW PROCESS ENDS NEGATIVE DECLARATION END REVIEW PROCESS ,n NO REVIEW UNLISTED CONDITIONED NEGATIVE DECLARAI'ION OPTION EXERCISED SHORT EAF ~//LONG EAF IF SHORT WOULD NOT PROVIDE SUFICIENT INFO TO BASE DERTM OF SIGNIF ON PART ! BY PROJECT SPONSOR PART Il BY LEAD AGENCY PART Ill(IF NEEDED) BY LEAD AGENCY ElS IN LIEU OF EAF COORDINATED REVIEW OPTION EXERCISED IF OPTION EXERCISED, INFORM AGENCIES IF OPTION EXERCISED, SELECT LEAD AGENCY UNCOORDINATED REVIEW -, REVIEW CRITERIA & DETERMINE SIGNIFICANCE POSITIVE DECLARATION SCOPING OPTION EXERCISED DRAFT ElS PREPARED BY LEAD AGENCY ACCEPTANCE DRAFT ElS REVIVION REQUIRED DRAFT ElS ACCEPTED FOR PUBLIC REVIEW PUBLIC COMMENT PERIOD SEQRA HEARING OPTION EXERCISED FINAL ElS BY LEAD AGENC'¥ AGENCIES MAKE FINDIN(~S REVIEW PROCESS ENDS NEGATIVE DECLARATION-END REVIEW PROCESS classification, then written notice shall also be given to tile owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Toxwl Clerk's office. Proof of mailing of such notice m~l~ tbrm cfa sworn statement shall be filed with the Town Clerk at the time of filing tile petition. Such notice shall contain the following intbrmation ,.'/ ( I I A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a change of zone classification. / t2) .,\ desc,iptim~ ol'the property which is tile subject of such petition Fhe present zone district classification ct'the property and tile proposed zone district classification w" 4) ~/(5) A statement that within five (5) days the petition requesting such change in zone district classification will be filed in the Southold Town Clerk's office, Main Road, Southold. New York. and may then be examined during regular office hours A statement that a public hearing with ~espect to such petition must be held by the Southold Town Board befbre such change of zone can become effective; that the person to x~hom the notice is addressed, or his representative, has the right to appear and be heard at such hearing, and that a notice of such hearing will be published in the official town newspaper not less than ten (10) days prior to such public hearing. B In lieu of complying with tile provisions of this section, written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C Failure to comply with the provisions of this section shall not affect the validity of any action with respect to such petition. .. ~'~ O. In addition to the above notice requirement, prior to holding a public hearing on the rezoning, ."/,k(- notice shall be provided pursuant to Chapter 58. [Added 12-27-1995 by L L. No. 25-1995] Town o. f Soutt~ld PC,('oclebook for Windows ARTICLE XXlX, Amendments [Amended 5-30-1975 by L.L No. 3-1975; 11-15-1983 by L.L. No. 13-1983; 1-8-1985 by L.L. No. 1-1985; 1-10-1989 by L.L. No. 1-1989] § 100-290. Procedures. The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement, change, modify, or repeal this chapter, including the Zoning Map, by proceeding in the tbllo~ mg manner' .,\ The To~n Board. by ~esolution adopted at a stated meeting, shall fix tile time and place of,a public hearing on the proposed amendment and cause notice thereof, to be given pursuant to the provisions of the Town Law. B The Town Board, betbre advertising for a public hearing, shall in a written request, instruct the Town Planning Board to prepare an official report defining the conditions described in a petition and to determine the area so affected, with its recommendations. § 100-291. Fees. IAmended 11-13-1990 by L.L. No. 26-1990I Every petition for a change or amendment to this chapter or the Zoning Map shall be filed with the Town Clerk and shall be accompanied by a fee of one thousand dollars ($1,000.). The fee for a petition for a change of zone to the Affordable Housing District is set forth in § 100-55B(5)(g). § 100-292. Notice of proposed change of zone classification. A. In the case of a petition requesting a change in zoning district classification, in addition to the notice required by law, a written notice containing the following information shall be sent by the petitioner, or his agent, by either certified or registered mail, to every owner of property immediately adjacent thereto. In the event that any petitioner owns or has any interest in any property immediately adjacent to the property proposed to be changed in zoning district classification, then written notice shall also be given to the owners of the property adjacent to such other property of the petitioner. For the purpose of this section, the words "owner" or "property owner" mean the owner as shown on the current Southold Town assessment roll. The notice required by this section shall be mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's office. Proof of mailing of such notice in the form ora sworn statement shall be filed with the Town Clerk at the time of filing the petition. Such notice shall contain the tbllowing information: ( 1 ) A statement that the petitioner proposes to file a petition with the Southold Town Clerk Density and Minimum Lot Size Schedule for Nonresidential Districts t'own of Southold PC.Codebool~ for Windows Bulk Schedule for Residential Districts Town of Southold Residential Unit Water and Sewer I)istric~ A-(' R-40 R-80 14-120 H-200 R-400 HI) RR HO Available Nt 80,000 120,000 200.000 I00 O0 20 00() 20,000 t0,000 10.000 175 200 270 270 75 75 150 60 250 :~00 400 4 O0 120 120 17/5 80 60 G0 ~;0 G0 AB 35 50 30 20 I0 ~ 5 25 25 20 25 See I~'~t of chapter and Densit3 l~nd Minimum Lot Size Schedules for apphcable d~strlets. Excep~ one-bedroom or studio in multiple dwelling may have 600 square feet. Minimum floor area may be reduced up to 200 [or modoral~- and:or lower-cost dy. elling's. Ext,t,i.I one-bedroom or si mho in mulltple dwelling may have 600 square feel. Bulk Schedule for Business, Office and Industrial Districts Town of Southold Bulk Schedule for Business, Office and Industrial Districts IAdded 1-10-1989 by L.L. Nu. 1-1989; amended 8-22-1995 by L.L No. 18-1995I LIO LB HB B Light LI 4 Limited Hamlet General M-I M-II District Business Business Busines~ Marine ! R. larine Il Town of $outhold PC.Codebooa for W. uto~,s' Industrial Light ParldPlanned Industrial O flice Park I rout ~ard (lkci) '~ armble2 I 5 variable2 35 35 ',anablc2 '~adable2 I ILnldmg hel~hl (lk¢l) /15 35 35 35 35 35 :15 NO I'E$ I I fir inlJuIl/tlm rcqulremcnls lbr rcbidcntia[ uses. relbr I]rsl to [)¢ns~t'~ and Mmmmm Iot $~te Schcdu]c lbr Nonrcs~dcnlinl l)mtricts and then tu approprinlc in&calcd column in [lac Bulk Schedule Ibr Rcsidcntml Dis/nets. In the Mannc I and Marine I1 I)islncts. onb land abo'.c mcan h~gh :'*atcr shall quali/k Ibr area calculalions. 2 Rclbr Lo appropriate zone ordinance. I0 - 10 - 95 Bulk Schedule AA Date of Lot Creation Prmr to April 9, 1957 Between April 9, 1957, and December 1, 1971 A Residential Zone B and B i Business Zone B-2 Business Zone Multiple-Residence Zone C Industrial Zone Between December 2, 1971, Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L. No. 23-1995; amended 7-22-1997 by L.L. No. 22-1997] Lot Size Width Depth (square feet) (feet) (feet) Any Any Any 12,500 100 Any 7,500 50 Any 40,000 50 Any 12,500 100 Any 12,500 100 Any 5 and June 30, 1983 A Residential Zone M Light Multiple Residence M-1 MultipLe Residence Zone B-Light Business Zone B I General Business Zone C Light Industrial Zone C i Heavy Industrial Zone 40,000 40,000 80,000 20,000 30,000 40,000 200,00 135 135 2OO 60 150 200 300 Town of Southoid PC'Codebook for t~'tndows 175 Any Any Any Any Any Any APPENDIX 6 CHECKLIST: TOWN SEQRA FILE NEG DES, POS DEC, NOTICE OF ElS COMPLETION, NOTICE OF HRGS AND FINDINGS MUST STATE: BEEN PREPARED IN CONFORMANCE W/ART. 8 NAME & ADDRESS OF LEAD AGENCY NAME, ADDRESS, PHONE # OF PERSON WHO CAN PROVIDE ADDTL INFO [] A BRIEF DESCRIPTION OF ACTION THE SEQRA CLASSIFICATION LOCATION OF THE ACTION CONDITIONED NEG DEC [] ID SPECIFIC CONDITIONS BEING IMPOSED TO ELIM OR MITIGATE SIGNIF ENVIRO IMPACTS ~ PERIOD IN WHICH COMMENTS WILL BE ACCEPTED (NOT LESS THAN 30 DAYS) POS DEC ID POTENTIAL SIGNIF ADVERSE ENVIRO IMPACTS THAT REQUIRE EIS OR STATE IF SCOPING WILL OCCUR [] NOTICE OF COMPLETION MUST ID TYPE OF ElS [] DRAFT& INCLUDE PUBLIC COMMENT PERIOD FINAL SUPPLEMENTAL [] GENERIC [] STATE WHERE COPIES CAN BE OBTAINED [] NOTICE OF HRG MUST STATE TIME, DATE, PLACE AND PURPOSE OF HRG W/SUMMARY IF INFO IN NOTICE OF COMPLETION [] TYPE I: NEG DEC, CONDIT NEG DEC, POS DEC, NOTICE OF COMPLETION OF ElS. ElS, NOTICE OF HRGS AND FINDINGS MUST BE FILED ~VITH: [] CEO OF POLITICAL SUBDIVISION WItERE ACTION LOCATED [] LEAD AGENCY [] ALL INVOLVED AGENCIES [] ANY PERSON WHO REQUESTED A COPY ~ THE APPLICANT ~ UNLISTED: NEG DEC MUST BE FILED WITH LEAD AGENCY ~ EIS MUST BE SENT TO: [] DEC DIVISION OF REG SERVICES, 50 WOLF RD, ALBANY NY 12233-1750 FOR STATE AGENCY ACTION IN COASTAL AREA, TO SEC OF STATE PUBLICATION OF NOTICES NOTICE OF TYPE I NEG DEC, CONDIT NEG DEC, POS NEG DEC OR COMPLETION ON ElS MUST BE PUBLISHED IN ENB, 6 SEVILLA DRIVE, CLIFTON PARK, NY 12065-5013 NOTICE OF HRG MUST BE PUBLISHED AT LEAST 14 DAYS IN ADVANCE OF HRG DATE (ONE PUBLICATION IS SUFFICIENT) AGENCIES MAY PROVIDE FOR ADDTL NOTICES TO POSTING BOARDS NOTICE OF NEG DEC MUST BE INCORP ONCE INTO ANY OTHER SUB NOTICE REQW BY LAW (SATISFY BY SEQRA CLASSIF A ND AGENCY'S DETERM OF SIGNIF RESOLUTION - JULY 22, 1997 RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope & Voorhis, LLC, at a cost not to exceed $500.00, to conduct a supplemental environmental review with regard to the petition of Richard F. Mullen 111 and William H. Mullen for a change of zone; cost of said review to be paid by the applicant prior to the commencement of the review. RESOLUTION - JUNE 10, 1997 ~VNEREAS, a petition has been received from Richard F_ Mullen III and William H. Mullen for a change of zone from Hamlet Business (HB) District and Low Density Residential (R-40) District to General Business District on certain property located on the south side of NYS Route 25 and west side of Locust Avenue, Southold, N.Y.; now, therefore, be it RESOLVED that the Town Clerk be and she hereby is authorized and directed to transmit this petition to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports, all in accordance with the Southold Town Code and the Suffolk County Charter. RESOLUTION - JUNE 10, 1997 RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope & Voorhis, LLC, at a cost not to exceed $700_00, to review the Long Environmental Assessment Form and accompanying forms with respect to the petition of Richard F. Mullen III and William H. Mullen for a change of zone, provide a review letter regarding the environmental and planning significance of the proposed change, and prepare a recommended SEQR determination of significance; the cost of said review to be paid by the applicant prior to the commencement of the review. PART III - ENVIRONMENTAL ASSESSMENT FORM RICHARD F. MULLEN II1 AND WILLIAM MULLEN MAIN ROAD, SOUTHOLD, NEW YORK Prepared for: Messrs. Richard F. Mullen III and William Mullen c/o Esseks, Hefter & Angel 108 East Main Street Riverhead, New York 11901 Prepared by: Freudenthal & Elkowitz Consulting Group, Inc. 368 Veterans Memorial Highway Commack, New York 11725 (516) 499-2222 April 1999 RECEIVED APR 2 3 1999 PART III - ENVIRONMENTAL ASSESSMENT FORM RICHARD F. MULLEN III AND WILLIAM MULLEN MAIN ROAD, SOUTHOLD, NEW YORK PROJECT LOCATION: APPLICANT: LEAD AGENCY: PREPARER & CONTACT: Approximately 1.2484 acre parcel Southwest comer of Main Road (NYS Rt. 25) and Locust Avenue, Town of Southold Suffolk County, New York Messrs. Richard F. Mullen III and William Mullen c/o Esseks, HeRer & Angel 108 East Main Street Riverhead, New York 11901 Contact: Stephen R. Angel, Esq. (516) 369-1700 Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Contact: Elizabeth A. Neville, Town Clerk (516) 765-1800 This Part III Environmental Assessment Form was prepared by: Freudenthal & Elkowitz Consulting Group, Inc. 368 Veterans Memorial Highway Commack, New York 11725 Contact: Theresa Elkowitz (516) 499-2222 and Araiys Design, L.A., P.C. 33 Main Street Southampton, New York 11968 and Duma Engineering Associates 66 Main Street Westhampton Beach, New York 11978 DATE OF PREPARATION: April 1999 PART III - LONG ENVIRONMENTAL ASSESSMENT FORM RICHARD F. MULLEN III AND WILLIAM MULLEN MAIN ROAD, SOUTHOLD, NEW YORK Introduction ............................................... 1 Project Description ........................................... 5 Land Use Conflicts and Growth Inducing Impacts within the Area ..... 8 Visual Impacts ........................................... 12 Cutting of Trees ............................................ 14 Traffic Impacts ............................................ 15 Aesthetic and Noise Impacts .................................. 16 Figure 1 - Site Location Map .............................. 4 Appendix A - Appendix B - Appendix C - Appendix D - Appendix E - Proposed Site Plan September 10, 1997 Correspondence fi.om Nelson, Pope & Voorhis, LLC Photographs Renderings Traffic Study This document is a Part III - Environmental Assessment Form (EAF) that has been prepared to evaluate the environmental impacts associated with the proposed change of zone of a 1.2484 acre parcel from Hamlet Business (I-IB) and Low Density Residential (R-40) to General Business (B). The subject property is situated on the southwest comer of New York State Route 25 (Rt. 25) and Locust Avenue, hamlet of Southold, Town of Southold, New York (see Figure 1 - Site Location Map). The application for a change of zone has been filed by Richard F. Mullen III and William Mullen who are contract vendees of the subject property which abuts the existing Mullen Motors car dealership. The northern portion of the subject property, zoned HB, is developed with five buildings comprising Colonial Comers (see Site Plan in Appendix A). Although the proposed action will change the zoning on this parcel fi.om HB to B, no changes to Colonial Comers are proposed. In fact, the only physical changes proposed to the subject property consist of the development of a paved and landscaped parking area on the vacant southern portion of the property (zoned R-40) to address the parking needs of Mullen Motors. Thus, this Part Ill - EAF will address the proposed change of zone and development of a paved and landscaped parking area at the southern segment of the subject property. As no changes to the northern segment of the property housing the Colonial Comers development are proposed, no further discussion of this section of the property will be provided in this Part III - EAF. The applicant acknowledges that there has been speculation that Mullen Motors' intention is to expand onto the Colonial Comers property. However, Mullen Motors has no current plans for expansion. If, at sometime in the future, business demands were such that an expansion was contemplated, the applicant would be requ/red to file the appropriate applications with the Town of Southold and would be subject to environmental review pursuant to 6 NYCRR Part 617. As indicated in The SEQR Handbook(NYSDEC 1992, page 22), review of the impacts of future actions are not required if such actions are speculative, may not occur and are functionally independent of each other (p. 22). Consideration of the impacts of changes to Colonial Comers or expansion to Mullen Motors is not appropriate at this time as: There is no proposed plan for changes to the Colonial Comers development nor is an expansion of Mullen Motors to the Colonial Comers property proposed. Thus, such actions are, at best, speculative; Changes to Colonial Comers and/or the expansion of Mullen Motors may never occur; and Any changes that may be proposed to Colonial Comers or Mullen Motors in the future are functionally independent of the proposed action. Furthermore, any future actions that may be proposed would require environmental review pursuant to 6 NYCRR Part 617. With the above understanding, this Part Ill - EAF will specifically address those environmental issues raised by the Town of Southold, via correspondence from its consultant, Nelson, Pope & Voorhis, LLC (NPV) dated September 10, 1997 (see Appendix B). These issues are as follows: Project Description; Land Use Conflicts and Growth Inducing Impacts within the Area; Visual Impacts; Cutting of Trees; Traffic Impacts; and Aesthetic Impacts including Noise. U r Mag 15.00 Tue Apr 06 15:02 1999 Scale 1:15,625 (at center) '1 1000 Feet 500 Meters // Local Road Pdmary State Route RailrOad Geographic Feature ParldReservatJon Popula[ion Center Lake Land Water Woodland Figure 1 Site Location pROJECT DESCRIPTION As described in the Introduction of this Part III - EAF, the project sponsor is proposing a change of zone of a 1-2484 acre parcel fi.om Hamlet Business (HB) and Low Density Residential (R-40) to General Business 03). The northem seginent of the subject property will remain as it currently exists (i.e., with the Colonial Comers office/retail development in tact). Thus, the only physical alterations planned are to the southern portion of the property where the applicant is proposing to construct a paved and landscaped parking area. As previously described, the subject change of zone application has been made by Messrs. Richard and William Mullen, operators of Mullen Motors, which is situated immediately to the west of the subject property. Messrs. Mullen are proposing this action as Mullen Motors has been experiencing parking problems at its dealership which has caused patrons and others to park their cars on the street, particularly on Cottage Place. To address the existing parking demands, Messrs. Mullen have entered into a contract to purchase the adjoining property to the east so that the vacant southern portion can be improved as a parking lot which will adjoin its existing parking lot. As indicated on the site plan included in Appendix A, the new parking area will provide 36 parking spaces for Mullen Motors. In addition to developing an additional parking area to address the needs of Mullen Motors, the applicants are also proposing to enhance aesthetic conditions through the installation of landscaping at both the new and the existing parking areas. It is important to note that no expansion of the actual Mullen Motors buildings or operations associated therewith are proposed. The new parking area is being plan.ned solely to address an existing parking problem and to ensure that adequate employee, patron and automotive inventory parking is provided such that those destined to Mullen Motors will not be forced to park on the street. Currently, Mullen Motors has a 41 space parking lot to the south of its buildings which is not sufficient to meet existing parking demands. Approximately 0.87 acres of the subject site are developed with approximately 0.6 acres consisting of roads and buildings and approximately 0.27 acres comprised of landscape vegetation. The remaining approximately 0.38 acres are vegetated with trees (some of the mature trees have been cut, which will be discussed later in this Part III - EAF), grasses and weedy species. Construction of the proposed parking lot will result in a modification of approximately 0.31 acres of vegetated area to paved parking area. Leaching pools will be installed in the new parking lot to handle runoff fi.om the paved area. Lighting will be installed for security purposes, however, the fixtures will have sharp cut-off angles to prevent intrusion into the residential areas. As part of the parking lot development, significant landscaping is proposed, especially on the southern segment where the parking area will adjoin residential dwellings. As indicated on the plan included in Appendix A, a 25 foot buffer is proposed along the south side of the parking area. A berm of approximately three feet in height will be constructed within this buffer, and the area will be planted with evergreens ranging fi.om approximately 7 to 8 feet in height. Shrubs will also be planted. This landscaped buffer and berm will continue along the east side of the proposed parking area and will be planted with trees and shrubs. The buffer and berm will also continue along the southwestern property line, and landscaped islands will be installed at the interior of the proposed parking lot. As the proposed parking lot will have access to the existing parking area to the south of the Mullen Motors facility (i.e., Suffolk County Tax Map No. 1000-62-03-19 containing 41 spaces), landscaping is also proposed along the southern property line of the existing parking area. Specifically, a row of evergreen trees ranging fi.om 7 to 8 feet in height will be installed, and evergreen groundcover will be planted at the southwest comer of this parking lot. A landscaped island (evergreen groundcover) will also be installed at the west side of the existing parking lot along Cottage Place. Thus, the proposed action will not only include landscaping for the parking area to be constructed but planting will also be installed in the existing parking area. The only access to the new parking lot will be fi-om the existing parking area to the south o f Mullen Motors. No ingress or egress will be permitted to or from Locust Avenue. Furthermore, a six foot stockade fence will be maintained between Colonial Comers and the proposed parking area. Thus, implementation of the proposed action w/Il increase the mount of off-street parking available to Mullen Motors and its patrons from 41 spaces to 75 spaces thereby addressing the shortage of parking. In addition, to maintain and improve aesthetic quality, substantial buffer landscaping and landscaped islands will be installed. The buffer landscaping will screen the view of the parking area fi-om proximate residential dwellings. 7 LAND USE CONFLICTS AND GROWTH INDUCING IMPACTS WITHIN THE AREA In its September 10, 1997 correspondence, NPV indicated that, "the primary concern associated with the proposed project is the potential for land use conflicts between the proposed project and adjacent residential uses." However, NPV's letter goes on to state that "the potential conflicts of the proposed project can be minimized through limitations on signage and lighting, appropriate setbacks, buffers and landscaping, and use of traditional building design for any new structures." The subject property is situated within two zoning districts: the northern segment is zoned I-I13, and the southern segment is zoned R-40. The northern portion of the property is developed with five retail/office buildings comprising Colonial Comers, and the southern portion is undeveloped. Immediately adjoining the subject property to the west are Mullen Motors and it associated parking. The property on which the Mullen Motors buildings are situated is zoned B, and the parking lot to the south is zoned R-40. Further to the west along Main Road (across Cottage Place) is a parking lot utilized by Mullen Motors that is zoned B followed by a property zoned HB. To the east of the Colonial Comers property across Locust Avenue is a parcel housing a 7-Eleven which is zoned B followed by a parcel with liB zoning. On the north side of Main Road across from Mullen Motors and Colonial Comers are various properties zoned HB. Thus, zoning along Main Road in the vicinity of Mullen Motors is a mix of B and HB with property to the south thereof zoned R-40. The utilization of R-40 zoned property as a parking area for Mullen Motors has previously been considered and approved by the Town of Southold. Specifically, on April 2, 1997, the Town of Southold Board of Appeals granted a variance to permit the area immediately to the south of the Mullen Motors buildings (i.e., Suffolk County Tax Map No. 1000-62-03-19) be used as a parking lot for Mullen Motors and determined that: the use proposed [i.e., parking in an R-40 zone to serve the Mullen Motors facility] is not inconsistent with the general purposes of the intent of zoning; (b} the circumstances are unique; the accessoo, use applied for will not alter the essential character of the neighborhood: (d) the use will not prevent the orderly and reasonable use of this district or adjacent use districts; (e) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by this use; 09 the interests of justice will be served by allowing the variance, as conditionally noted below. The conditions set forth in the variance approval include: 1. Fence must meet current code restrictions for a maximum height of four feet along the_front yard property lines, unless apphcation is made separately for additional relief 2. The approved parking area is restricted only to the residentially zoned portion. 3. Planning Board site plan approval. . . Thus, the Town of Southold, th.rough its Board of Appeals, previously determined that the use of R-40 zoned properly, adjoining residentially-developed R-40 zoned property, would not result in significant adverse impacts. Regarding the current application, NPV indicated that because the subject property borders residential properties and there are several narrow side streets in the immediate area, potential land use conflicts between residential and commercial uses exist. There are several factors inherent to this application that address these concerns and mitigate the potential for such conflicts. Although the application consists of a change of zone for the Colonial Comers property, the only physical modification associated with this application is the development of a parking area to the south of Colonial Comers. No building demolition or alteration is proposed to the structures comprising Colonial Comers. Second, the proposed action is not an expansion of the Mullen Motors car dealership, and no new structures are proposed. The main purpose of this action is to create an additional off-street parking area to address the existing parking needs of the dealership so that patrons will not be forced to park on the s~eet. Additionally, as discussed in the Project Description section of this Part III - EAF, berming and substantial landscaping are proposed to screen the view of the parking area fi-om proximate residential uses. Landscaping is also proposed along the southern border of the existing parking lot to enhance aesthetic quality. Lighting to be installed will have sharp cut-off angles to prevent intrusion onto adjoining residential properties. Furthermore, no additional access to area roadways are proposed. The only access fi-om the new parking area will be from the existing parking area to the south of the Mullen Motors dealership. 10 With regard to growth inducement (i.e., the potential for granting of the change of zone to encourage additional requests for B zoning), the granting o£this action would not be precedent setting nor is it likely to encourage requests for additional zone changes fi.om I-lB and/or R-40 to B. The primary reason for this change of zone request is to allow for additional parking for an existing car dealership that has been in this area of the Town of Southold for over 70 years. With regard to the HB parcel on which Colonial Comers is situated, the change of zone to B would conform with the existing developed parcels to the east and west which are already zoned B. Furthermore, the existing use of the Colonial Comers site is permitted in the B zone, thus, the proposed action would not result in the creation of non-conforming uses. With regard to the southern segment of the property which is zoned R-40, while the property to the west is also zoned R-40, a variance was previously granted that allows the parcel to be used for parking for Mullen Motors. Review of the zoning map and inspections of properties along Main Road do not indicate that there are sites/uses with analogous circumstances (i.e., a change zone on a property along Main Road that is zoned I~ and is situated between two properties zoned B; a change of zone on a property zoned R-40 for use as parking for an established commercial use with a shortage of parking which adjoins a parcel zoned R-40 approved and used for parking for the established commercial use). Thus, the proposed action conforms with the established character of the immediate area. Furthermore, the project has been designed to minimize the potential for land use conflicts through the implementation of mitigation measures including, but not limited to, berming and substantial landscaping; limited access; and sharp cut-off angles on light fixtures. In addition, the granting of the requested change of zone and development of a parking area will not be growth inducing or precedent setting as it does not appear that there are other properties along Main Road in Southold with the same circumstances. 11 NPV's September 10, 1997 correspondence raises the potential for adverse visual impacts "...particularly if the property is used for the expansion of Mullen Motors as proposed." First, the proposed action does not include the expansion of the Mullen Motors dealership. The only physical alteration associated with the proposed action is the construction of a parking area to address current parking needs. No structures are proposed, and no bright lights, banners, pennants or additional signs are contemplated as part of this action. To assess visual impacts associated with the development of the new parking lot, it is important to review the existing visual condition. (As no changes are proposed to Colonial Corners, no assessment of the visual character of this segment of the parcel is conducted). The area to be physically modified is characterized by trees, cut trees and grassy/weedy species. The view of the site from Cottage Place is from across the existing Mullen Motors parking lot. Only glimpses of the area to be modified can be seen (see Photograph No. 1 in Appendix C). The view from Locust Avenue is of a vacant lot where many mature trees have been cut; this area is not pristine and exhibits signs of disturbance (see Photograph Nos. 2 and 3 in Appendix C). The view firom the residences to the south is also of a vegetated lot that is not pristine. 12 To minimize potential adverse visual impacts associated with the activities proposed, berming and landscaping will be installed (see site plan in Appendix A). Specifically, a 25 foot buffer is proposed along the south side of the parking area. A berm of approximately three feet in height will be constructed within this buffer, and the area will be planted with evergreens ranging fi.om approximately 7 to 8 feet in height. Shrubs will also be planted. This landscaped buffer and berm will continue along thc east side of the proposed parking area and will be planted with trees and shrubs. The buffer and berm will also continue along the southwestern property line, and landscaped islands will be installed at the interior of the proposed parking lot. Landscaping is also proposed along the southern property line of the existing parking area. Specifically, a row of evergreen trees ranging fi.om 7 to 8 feet in height will be installed, and evergreen groundcover will be planted at the southwest comer of this parking lot. A landscaped island (evergreen groundcover) will also be installed at the west side of the existing parking lot along Cottage Place. To determine the effectiveness of the proposed mitigation upon project implementation, renderings have been prepared by ARAIYS Design, L.A., P.C. (see Appendix D). As indicated on these renderings, the view fi.om Cottage Place will be similar to the existing view except that landscaping will be enhanced on the south and west sides of the existing Mullen Motors parking lot. The view fi.om Locust Avenue is expected to improve as a vegetated berm will be constructed to help screen the proposed lot. As shown in the renderings in Appendix D, the view from the south is also expected to improve as a result of the proposed berming and landscaping. Thus, the proposed action incorporates measures to preserve and enhance the visual quality in the area. As such, the proposed action is not expected to result in significant adverse visual impacts. 13 CUTTING OF TREES As indicated in the Photographs in Appendix C, several large trees on the site have been cut. The applicant did not cut these trees or engage any other party to cut the trees. As previously discussed and indicated in Appendix A, substantial landscaping will be planted as part of the proposed action. The evergreens to be installed will not be seedlings; they will be 7 to 8 feet in height. Street trees will also be planted. Thus, while the project sponsor did not cut or remove trees, the landscaping proposed as part of this action will help to mitigate visual impacts caused by the cutting of trees. 14 TRAFFIC IMPACTS As the proposed action does not include an expansion of the Mullen Motors dealership, no additional traffic will be generated. Mullen Motors has indicated that test driving is done on Main Road and patrons are advised not to test drive in the residential neighborhood. As the proposed action includes the development of a parking lot that will help address the shortage of parking which results in parking along Cottage Place, impacts are expected to be positive. To evaluate the traffic issue, a traffic and parking study was conducted by Dunn Engineering Associates which is included in Appendix E. This study concluded, in pertinent part: Based on the analysis and observations of the existing traffic and parking conditions at the proposed site it is expected that the construction of the new parkingfield to the southeast of the Mullen Motors property will not cause any adverse traffic impacts. From a traffic engineering standpoint, the parking area will provide for optimum safety of vehicles entering and exiting the new parking lot. After the new parking lot is completed, the vehicles parked on Cottage Place, as well as several of the vehicles parked between the existing Mullen Motors building and Cottage Place will be moved to the newly constructed parking area. This will help to increase safety and roadway efficiency in the area since less vehicles wtll be parked on Cottage Place after the construction of the parking lot. In addition, the vehicles between the existing Mullen Motors building and Cottage Place will no longer be forced to back out onto Cottage Place which possibly could cause an accident hazard. Based on our findings, it is concluded that. the proposed construction of the 36 car parking area will have no traffic impact on the roadway network and therefore should be approved 15 /~ESTHETIC AND NOISE IMPACTS As explained throughout this Part III - EAF, the only physical changes prOposed are associated with the construction of a new parking area to the south of Colonial Corners. Such action will bring vehicles closer to some residences on Locust Avenue and on the north side of Korn Road (i.e., those living closer to Locust Avenue ~. However, this area will be used for parking only - no service will be performed in this lot. As previously described, to minimize potential adverse aesthetic and noise impacts, bel-ming and landscaping are proposed and lights to be installed will have sharp cut-off angles (see site plan in Appendix A). Furthem~ore, as the proposed action, if granted, will change the zoning of the parcel to B, the vegetated buffer will be 25 feet which is 10 feet greater than the buffer required for the HB district. As the Colonial Corners property is not proposed to be changed, no adverse aesthetic or noise impacts will be associated with this area. Also, as the Mullen Motors dealership is not proposed to be expanded, no aesthetic or noise impact will result. 16 BIBLIOGRAPHY Nelson, Pope & Voorhis, LLC, Correspondence of September I 0, 1997. New York State Department of Environmental Conservation, The SEQR Handbook. Town of Southold Zoning Code and Map. 1992. 17 APPENDIX FREUDENTHAL & ELKOW1TZ CONSULTING GROUP, INC_ APPENDIX B FREUDENlq-L4L & ELKOW/TZ CONSULTING GROUP, L~C, NI=L-.~ON, ;:~O~E ,;: VO01::ll-I|C:, LLC Ms. Judith Terry, Town Clerk Southold Town Board Town Hall, 5]095 Main Road PO Box 1179 Southold, ~ 11971 September 10, 1997 RECEIVED STP 1 6 I997 5~mhold To,,m Cle& Supplementml Review o£EAF Richard F. Mullen rtl' and William M'ullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24. I N&-P Job No. 97208 Dear Ms. Terry: A.s per the request of the Somhold Town Bom-d, we have completed a supplementary review of' the above ret%renced zone change. This review is intended to examine current site condirions as a result o£ tree clearing activity, and the review and analyze these conditions, community concerns, and potential impacts in the context of the proposed zone change and subsequent use of Me subject site as an expansion of'Mullen Motors_ We have completed a second field in.spec-don' with pa~icular emphasis on assessing the impact of the recent cut'ting of trees along Locus~ Avenue. In addition, we have reviewed available material concerning community concerns. The primary issues raised by local residents are: I) visual impacts; 2) cut-,.mg oE' trees on the property; 3) land use conflicts and g:rowth inducing impacts within the area; 4) traffic impa~s; and; aesthetic impa~s including noise_ This leaer will provide a brief discussion of each of these impacts; however, we believe that the burden should be placed on the applicant to address in detail issues conce:-ning the proposed use of the intended zone change parcel. In addition, local res/dents have stated thai conditions at the ex. istmg Mullen Motors to the west violate past site plan approval for buix"'ering and use of' the employee parldng areas. These issues are separate from the current application, but the Town may wish to address these issues in the contexx of the requested expansion ut' Mullen Motors ro the subject parcel. The Board may also wish to have the appropriate branch of Town goverrtmen£ fi~nher investigate these claims as a separate action. One difficulty in revie,Mng the action is the lack of specificity with regard to furore use of the sire. While we understand that the project is For a change of zoning to Genern. l Business (B), the ~tullen Ch~n~e of 7~nc £AF Renew proximity of the site to the residential neighborhood is such that many uses allowed ih General Business may be incompatible with the neighbonng community In addition, the specific aspects of site design including design and layout, setbacks, buffering and landscaping, play a major rote in impacts and mitigation. Many Long Island Towns require conceptual site pla.ns and ol'cen get into the level of detail more appropriate for a site plan review, at the time of' a change of' zone application.. Wkile exact use and design may not be binding at the time of' the zone change, detailed review generally results in conditions, or covenants and res'tricxions regarding use, setbacks, design and buffering that help to minimize impacts. This approach seems appropriate for this project in order to fially understand the potential impacts and mitigation available, particularly in view of.the potential land use conflicts. Accordingly, it is sugges'red that a concept plan be submit-ted with supplemental in.formation outlined in this review The following project summar3; and summary of'issues is provided: Project Summary The project site is a 1.2484 acre parcel in the ham.let of. Southold, and is located at the southwest corner of N'YS Route 25 and Locust Avenue. The northern portion of' the site fronting on N'YS Route 25 is zoned Hamlet Business tSf13), and the southern portion o£ the site zoned is Low Density. Residential (R--10). The current application is for a change o£ zoning desi_e~adon on these two lots to General Business CB). The existin§ site conditions and zoning are discussed in =m-eater detail in the NP&V review dated July 8, 199'/. Mullen Motors, the project sponsor, operates an existing car dealership on the two parcels to the we'st o£ the site. The southern R~0 pomon of' the site is currently vacant, although the vegetation is pa.nially cleared. The sponsor intends to expand the parking facilities for the existing business onto the southern parcel, as the current parking is inadequate. Auto sales are not permitted within Hamlet Business or Residential zoning . districts, and thus rezoning to a General Business designation would be necessary for the proposed use_ There are five existing fermi s~rucmres on the northern F~B portion of the site which a~e collectively Imown as "Colonial Corners". It is believed that these structures would remain under the current proposal, although the change o~' zone could permit furore removal of the retail buildings and fiarther expansion of'the dealership. Land Use Issues .As was s~a~ed in the preliminary review of the EAF ?an I, the primary concern associated with the proposed proje~ is the potential for land use corttlicts between the proposed project and adjacent residential uses. The proje~ site has frontage on NYS Route 25, a pn.mary route through the Town of Southold_ Commercial development has occurred within individual ha'nlets along the ,.xFY'S 25 corridor, and the subject property is located on the eastern border of the hamlet or' Southold_ The predominant commercial zoning category w~thin the area is Ham/et Business, and the e.'dmng Mullen Motors parcels are the only properties in the area which are zoned for General Business. The Hamlet Business zoning on the noah side of'N~'ff'$ 25 is fairly deep, without side streets, and thus the residenrlal lands fi~rther to the noah are well buffered. The residential lands ro the l¥Iullen Change of ,Z,~ne EA~ Review south of NYS Route 25 are not as well buffered fi.om the commercial uses. Thc commercially zoned properties along the south side of the road are ordy I00 to 300 feet in depth, with residentia/ development aburting immediately to the south. In addition, there are several narrow side streets in this area~ which help create the potential for land use conflicts between the residential and cnnu-nerciai uses. Local residents have ex'pressed concern that the chmage of zone will "compromise the rural character of the area", and might result in subsequent requests for zoning changes on sm-rounding properties_ Limited land use conflicts might be expec'ted to occur with any commercial use, even under the existing Hamlet' Business. zoning. The proposed expansion of the car dealership will present a conflict, particularly if the existing Colonial Corners Center were to be removed in the future. The center is traditional-in design and is occupied by seven-al stnafl businesses, and would offer a visual buffer as long aa ir remains. There are relatively few properties within the Town with a General Business zoning designation. If additional areas for General Business development are needed within the Town, it is prefer-able to locate them adjacent to existing Genera] Business parcels as proposed. However, due to the depth of the change of zone parcel which encompasses the R.-40 parcel south of'the I-]]B frontage, the encroachment of this zoning into residential use areas indicates that the proposed change of zone is generally not consistent with the surrounding zoning (with the exception of the existing General Business zoned Mullen Motors property to the west). The potential conflicts of the proposed project can be m/nimized through limitations on silage and lighting, appropriate setbank.s, buffers and landscaping, and use of traditional building design for any new structures. Nfitigation as well aa alternatives should be e.'cplored in order to ensure that land use incompatibility is m/rtirnized. Visual lan pacts The prelim/nary review also discussed the visual impacts or' the proposed rezoaing aa potentially si?ificant, particularly if dae property is used For the expansion of Mullen Motors a.s proposed. Car deaJerships are typically chm'a~erized by. bright fights, banners, pemmnts and other advertising methods, as high visibility is preferred. The expanse pavement which is generally necessary for a car lot may also detract fi.om the visual quality of'an area. These impacts can be partially mitigated through the use of'landscape islands, retention or` vegetated buffers and lighting restricrSons, aa suggested in the initial NPhcV review. Town code already prohibits the use of pennants, canvas banners and most temporary signs, and lighting within the General Business distr(c~ is restricted to the fi.onr third or' a lot with poles or' no more than 14 Feet. 'l-ne required vegetative buffer wid'fin the Genera] Business zoning category is 2.5 feet, which is _~'eater than the 15 foot buffer required with/n the Hamlet Business district_ Covenants could also be placed on the number of cars which could be stored on the site and building design r'or any new struc'mres. These measures should rrdnimize the visual impact of the proposed project. Multen Change of ~one EA~F Review Traffic Issuas Several traffic issues have been raised by local residents in response to the proposed change of zone, although t~ese issues are largely the result of' existing land uses in the area and are only indirectly related to the current proposal_ Some of' the problems identified include test driwng by Mullen's Motors customers wi~n adjacent neighborhoods and the partial obstruction of Cottage Place by cars awaiting service at Mullen Motors. Use of' local roadways by large trucks has also been cited as a problem, although the majority of' trucks probably originate fi.om the existing Hamlet Business uses, pa.rticularly the adj:,cen£ 7-1 1 store. Mitigation of'exirdng tral~ic problems on.the iVlullen Motors property can be explored by the Town in conjunction with the applicant;, however, the focus of' impac'l: analysis should be on any additional traffic impacts which result fi-om.the change o£zone. In fact, it is likely that the proposed expansion would improve condiSons along Cottage Place by providing additional parking area~ on the property. A traffic/parking study would be useful in conjunction with the current application to address these issues_ Cutting o1' Trees The preliminary review prepared by NP&V recommended that the e:'dsting street trees be retained in the southweaern portion of the sire. Some of these trees, including large Norway spruce trees, were cut without authorization in July 1997. Although these trees were not 300 years old ~ stated by some local residents, they did provide an important visual buffer berw~n the residential area to the south and the commercial strip along Route 25. A subsequent site visit by N'P&V ~a.ff showed that the large spruce were approximately 60 to 80 years in age, based on the number of~owth rings present, with a maximum diameter of 32 inches at breast height. It is unclear whether the project sponsor is culpable, but the Town may wish to take action in response to the removal of the trees. Such an action would be separate fi-om the SEQtLA. process; however, replanting of a vegetated buffer in this area should be made a condition of any site plan approval for new commercial use. Use of transplanted older trees, rather than seedlings, would be preferable in order to provide immediate screening. A~theri~ and Noise The increase in intensity of use of the subject parcel would be ex'pected to result in certain cultural impacts including aesthetics issues, light and noise_ It is noted however, that many of these impams are already present or count be altered through cornmercial use or' the H2B zoned portion of the site. The operation of the facility will determine the level of impact, and the ability to control or limit such impacts Barriers are effective in reducing off site transmission of noise, and site plan and zoning controls would be expected to limit impacts due to lighting. The general increase in activity may compromise aesthetic qualities o£the nearby residential areas, i£site use is not properly designed and controlled. Accordin~y, operational as well as desi~ issues are important considerations at this stage O ~ £ev'iew. Mullen Change of Zone F_.A.F Review Other issues raised by local residents include noise from c~r alarms and fi-om the service are=, and the possibility of toxic smells fi.om the proposed project. These concerns relate to the proper management of the existing dealership, and would exi~ regardless of the intended use of the subject properS. Thc change of zone review should address the potential for these impacts to increase or decrease with the expansion of the facility The Town consideration of the pending zone change and the desire of the applicant to expand the subject facility to the adjacent site provides an opportunity to review the overall operations. Both Mullen Motors and the Town may be able to use this as an opportunity to improve compatibility with the existing operation, in an effort to have Mullen Motors "be a good neighbor". Based on this review it is clem' that the issues involving the pending zone change'are complex and should be carefully considered by the Town Board. As a result, additional environmental documenration is appropriate to explore these issues and provide a basis for a Determination of Sign/ficance under the State Environmental Quality Review Act (SEQRA) as well as to assis~ in reaching an informed decision on the zone change. This should be in the form of' a detailed Full Environmental Assessment Form CE,'-W) Part ITl' Narrative to analyze key issues of the project. The Full EAF Part 1Tr (if required) should provide a detsiled project closer/priori including project cor~trucrion and operation. The Pan rrT should be accompanied by a conceptual site plan that would depict the intended use of the change of zone parcel. The topics outfined in this correspondence should be used as a basis for further analysis in the Part ITl' Narrative. The document can also serve as a means to seek input fi.om groups or individuals as provided for under SEQRA Pan: 617. 14(c) prior to issuance ora Determination I£Mullen Motors intends ro expand the existing building or to demolish the existing center as well as add additional pm-king these a~ions should be considered as part nf the current application /-uther than under a separate SEQR. A review. The EAF would then provide a b~is for either a Negative Declaration if potential impacts are either not significant or are mitigated, or a Positive Decla.radon to require an Environmental Impact Statement (EI$) if there are out~anding impacts that can not be mitigated. As an a.kernafive, the Board could consider requiring an EI$ at th.is time. Such a document could be scoped to include only those key impacts of the project, and would include discussion of mitigation and alternatives_ In conclusion, the Town Board has three options for action on the proposed project. The Board 'could deny the projecx based on currently available irfformarion_ The decision to deny the zone change should be mbject to a Negative Declaration, allowing the Board to rial.fill their legislative decision on the zone change. The Board could choose to issue a positive declaration and require additional environmen£al documentation through a Draft EIS w/th a lira/red scope addressing the potential traffic, 'visual, cult'ur"M and noise, and land use impacts of the proposed change of zooe and expansion of Mullen Motors. i',,fifigat/on of these potential impacts should be discussed in dera~l, and alternative sites explored. Finally. the Board could require a Full EAF Pm Narra£ive ro analyze key issues, and then utilize al'tis ~ a basis for a Determination of Significance and/or decision on the zone change. The use of Part III' EA.F is our favored option, as this 5.tullen Chon t,e pro'fides the applicant w/th the opporrun.ity [o address key issues and impacts. The document can be used to solicit public input, and w/Il prov/de a sound basis For the deterrrfination of'significance. If'there are one or more key impacts that are not mhigated, the Board would re[a/n the option to seek a complete D~/t ElS. If you have any ques'fion_s or wish. any further input w~th regard to tkis matter, please do not hesita[e to ca/l. Very truly yours, NE. LSON,,POPE.& VOORHIS, LLC Charles J.'-¥oorhis, CEP, AICP Page 6 APPENDIX C FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. P~,~I~I~: View of proposed parking lot area from Cottage Place looking across existing Mullen Motors parking lot. ~: View of proposed parking lot area (right of . photograph) looking south along Locust Avenue. FREUDENTHAL &: ELKOWITZ CONSULTING GROUP, INC. P3ao~g~9~h)~.: View of proposed parking area from Locust Avenue. Neighboring properties to the south are visible through vegetation. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. APPENDIX D FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. NELSON~ laOlaE & VOORHIB~ LLC I Q!IVED JUL 9 1997 Southo~d To~,~ July 8, 1997 Ms. Judith Ten3', Town Clerk Southold Tox~m Board Tox~ Hall. 53095 Main Road PO Box 1170 Southold. NY 11971 Re-' Review of EAF Richard F. Mullen III and William Mullen Zone Change Application SCTM No. 1000-62-0~-22.l & 24.1 Dear Ms Ten'5': As per your request, we have completed a preliminary review of the above referenced zone change. Tasks and completed activities are as follox~s: 1. Review Part I LEAF The parcel has been field inspected by NP&V, and the LEAF has been reviewed and mended as necessary. A copy of the same is attached. 2. Prepare part H LEAF The Part II LEAF checklist has been completed and is also attached. Additional information conceming our findings is included below. 3. Environmental and Planning Considerations Thc parcel has been inspected and enviromental references cencermng the site and area have been consulted. The site consists ol5 1.2484 acres of land in the hamlet of Southold in the Town of Southold. The subject site is located at the comer of NYS Route 25 and Locust Avenue. The site has approxanately 199 feet of frontage along the south side of NYS Route 25 and 285 feet of frontage along the west side of Locust Avenue. There are currently 5 structures located on SCTM Lot 22.1 which are used for various commercial purposes and are collecedvely known as "Colomal Comers". Tax map Lot 24 1 located just south of 22.1 is currently vacant and serves as oven~low parking for the stores to the north. The area of ~ site ~s zoned Hamlet Business (IDB) on tax map Lot 22.1 and Low Density Residemial {R-40) on tax, map Lot 24.1. The proposed action involves fla._~i.g lhe zoning of Mullen Change of Zone EAF Revie~ these lots to a General Business (B) district. This x~ll give Mullen Motors (located adjacent to both lots on the west side) the opporturuty to constxuct paxlcing fiacihties on these lots in the future. The project sponsor currently owns approximately 0.83 acres to the west, contiguous with the subject site and encompassing tax map Lots 19 and 20. The subject site is flat, and there axe no wetlands or other sigIufieant landforms m the vacimty. The soil on the sae is entirely Haven Loam, slopes 0-2 percent. The soil series is suitable for development, ~ath good leaching potential. Although Haven soils vath shallow slopes axe not classified within groups 1-4 of the NYS Agriculture Land Classification System, they axe fertile agricultural soils. The project site is rather small and the soils axe disturbed, therefore, agricultural use of soils is not viable on the subject site. Water to the propcrt)_ is supplied by the Grecnport municipal &vstcm. The elevation of groundwater beneath the subject site is 0-3 feet above mean sea level (msl) according to the 1995 SCDHS Water Table map. The topographic elevation is approXtmatcl_v 25 feet above msl. Therefore. the minimum depth to groundwater is 22 feet, which provides a sufficient depth for a future paxlong lot or other potential commercial uses. If a parking lot is ennsn'ucted in the future, storm water would be recharged through the use of diy wells. The subject site is located vathm the Water Budget Area as mapped by the Suffolk Count3' Department of Health Services (SCDHS). The Water Budget Area includes locations where the potential for large public water supply wells exists. The subject site is located within the SCDHS Groundwater Management Zone IV and aceording to the North Fork Water Supply Plan 0gRM-Northeast, Camp Dresser & McKee, 1983), the area has been significantly impacted by aldicarb (concentrations over 7 ug/l). This should not pose a constraint to site use as public water w'ill be extended to the site. ApproXmaately 0 87 acres of the subject site is developed, comprising 0.6 acre of roads and buildings and approximately 0.27 acres of landscape vegetataon such as grasses, shrubs, Norway spruce, and gray birch The remaining 0.38 acres is densely forested containing species such as sugar maple, sumac, mulben3,, common chokecherry, box elder, honeysuckle, and wild rose. Scattered household garbage was also present m this area. The land use m the vicinity of the site is predominantly Hamlet Business 0-1B) to the north and east, Low density residenUal (R-40) to the south, and General Business (B) to the west. The small town character of Southold should be considered if a parking lot is proposed m the future. There may be some conflict pertaining to the loss of aesthelac resources (the forested portion of the land, located pnmaxily on tax map Lot 24.1), and the local residential enmmumW to the south and southwest. Currently, the forested portion of the site provides a screen for many residents to the activities of the car dealership. The forested portion lies adjacent to tax map Lots 17, 18, 19, 25, and 26, where dwelling units already exist. Across Locust Avenue, to the east, tax map Lots 35 and 36 have frontage directly opposite of the forested area. The rezonmg of the R-40 porUon of the site is an inlxusion into the neighborhood and should be mitigated through the retention of vegetation, landscape screening, and maimenunce of some setback between the residential and commercial use. Also, ifa new parking lot is used to store dealer caxs, site lighting may mtxude on the community during nighttime hours and should be lnmted to reduce potential tmPact. lMullen Chan~e of Zone EAF Review In smnmary, there is [nmt~t pot~tial nUPact by changing the zomng of tax map Lot 22.1 from Hamlet Business to Gc'ncral Business which can be mininuzed through sabacks, landscaping, lighting restr/ctions, and proper site planmng. The primal, concern is the potential land use disparity and loss of aesthc~dc resources, in the residential area south o[' the Main Road. [f the Town is favorable to this zone chan~e there are some common mitigation practices recommendS. First, an adequate buffer should be maintained bc-tween propos~ s/te use and existing residences Also the use of evergreen vegetation (for example Norway spruce, which is already present on the parcel) for landscaping purposes would create a screa~ even during ~mtcr months. Finally~ lighting restrictions should be considered m order to reduce intrusion in the neighborhood. If you have an3' questions or wish an3' further inPut with regard to this matter, please do not hesitate to call Very trul.x~Sxl~rs. Charles I. Voorhis, CEP, AICP Nelson. Pope & Voorhis. LLC enc Long EAF Parts I & 1I Mullen Motors ~ Southold Change Of Zone Application Southold, New York Town of Southold Project Description: This project involves a change of zone from Hamlet Bnsmess (HB) on tax map Lot 22.1 and Lob' Densi'o' Residential (R-40) on tax map Lot 24.1 to General Business (B). Lot 22 I already has 5 existtng structures that are colleCtavely known as "Colomal Commons". LOt 24.1 is currently vacant and is serving as overflow parking for the stores on Lot 22.1. The total acreage of the project is I 2484 acres. The subject site has approXamately 199 feet of frontage along the south side of NYS Route 25 and approximately 285 fee~ along the west side of Locust Avenue in Southold Due to the uncertam~ of future land use on this propert3_', this LEAF ~vas completed considenng only the zone change. If any new structures are proposed on the project site in the future, a new LEAF should be filed containing specific site plan information for use and evaluation by the lead agency in issmng a deterrranation of sigmflcance. r lll~I APPENDIX E FREUDENTHAL & ELKOWiTZ CONSULTING GROUP, INC. Dunn Engineering Ass..iates, P.C. Consulling Engineers 66 Main Street Weslharnpton Beach, N.Y 11978 516-288-2480 516-288-2544 Fax March 29, 1999 Ms. Theresa Elkowitz Frcudenthal & Elkowitz Consulting Group, Inc. 368 Veterans Memorial Highway Commack, New York 11725 Re: Dear Ms. Elkowitz: Mullen Motors Parking Field Expansion S/E Comer Main Road at Cottage Place Town of Southold, New York As requested, we have completed our Traffic Engineering Examination of the proposed parking lot expansion of Mullen Motors located on the southeast comer of Main Road (NYS Route 25) and Cottage Place in the Town of Southold, New York. The proposed parking lot will provide 36 additional spaces on the southeast comer of the Mullen Motors properties. It should be pointed out that no plans are being made for an increase in the vehicle stock or in the amount of service done by Mullen Motors. The parking lot expansion is merely to alleviate some of the existing parking problems in the vicinity of the existing Mullen Motors operation. The following sections describe our findings and recommendations. Proposed Parking Lot Expansion It is proposed to construct a 36 car parking lot to the southeast of the existing Mullen Motors facility which is located on the southeast comer of Main Road and Cottage Place in the Town of Southold, Suffolk County, New York. The property is currently vacant and the Suffolk County Tax Map No. is 1000-62-03-24.1. In addition to the proposed parking lot consta-uction, as part of this project, the zoning of the entire property including the existing Colonial Comers area located north of the proposed parking lot, will be changed. Colonial Comers will remain in its existing state and no modifications are planned for the property. Therefore, no additional traffic will be generated by the change of zone of the Colonial Comers property. In addition, the zoning change will not increase the parking requirements for Colonial Comers. At present, a parking lot exists on the south side of the Mullen Motors building and can be seen in Figure l, Parking Locations. This parking lot is designated Section 2 in Figure I and is located to the west of the proposed parking lot expansion. This parking area is utilized by service vehicles as well as employees of Mullen Motors. Z '=IDV-ld I I39¥.U.00 Ms. Theresa Elkowitz March 29, 1999 Page 3 In addition to the parking area located south of the Mullen Motors building an additional parking area is located west of the building on the west side of Cottage Place (Section 1). This parking area contains new and used cars for sale. This parking lot is also used by visitors as well as vehicles that are scheduled for service. In addition to these two main parking areas, vehicles may park on both the east and west side of Cottage Place (Section 4), as well as to the immediate west of the existing Mullen Motors building between the building and Cottage Place (Section 3). Garage doors are present on the west side of this building and vehicles for service or visitors may park facing these garage doors on the west side of the building. In addition to these two parking areas, vehicles may also park on either the north or south side of Main Road (Section 5). Existing Roadways The proposed parking lot expansion will become part of the existing Mullen Motors property which is located on the southeast comer of Main Road and Cottage Place. Main Road is a major east/west New York State Highway facility designated New York State Route 25 In this area, Main Road provides two lanes in each direction with parking lanes on both sides of the road. The average annual daily traffic on Main Road in the vicinity of the site was 8,100 vehicles per day in August 1996. Cottage Place is a north/south local roadway facility. Cottage Place provides one lane in each direction. The intersection of Main Road and Cottage Place is controlled by a stop sign on the northbound Cottage Place approach. Cottage Place terminates at Main Road and continues to the south. Traffic and pedestrian activities at the proposed site were observed during the peak weekday afternoon hours as well as the peak Saturday hours. During these time periods the traffic activity on both Main Road and Cottage Place was moderate and no disruptions to traffic were seen in the vicinity of the site. Proposed Parking Lot Construction As stated earlier, it is proposed that a 36 car parking lot southeast of the existing Mullen Motors property be constructed. The purpose of this parking area is to accommodate existing employees as well as vehicles that are about to be serviced by the Mullen Motors Service Center. There is to be no expansion of the existing building or increase in the service area which would generate new demand for parking It' should also be pointed out that no additional traffic will be generated due to the construction of this proposed parking area. No plans are being made for an increase m inventory or for an increase in the amount of vehicles being serviced by the site. Therefore, the parking lot is Ms. Theresa Elkowitz Maxch 29, 1999 Page 4 being built in order to optimize the traffic and safety operations in the vicinity of the site by removing vehicles associated with Mullen Motors that currently park off-site or near the roadways in the area. Capacity Analysis Capacity analyses were performed at the unsignalized intersection of Main Road and Cottage Place. The Highway Capacity Manual "Transportation Research Board Special Repor~ 209, 1994" was utilized. A summary of the intersection capacity analyses for this intersection is contained in Table 1, Capacity Analyses Results. The time periods analyzed were the weekday P.M. peak hottr of traffic as well as the Saturday afternoon peak hour of traffic. These capacity analyses were performed for the existing 1999 traffic conditions. Critical !: ~low~Rate '~ -.~10v~m~nt Average Level Location/Movement Gap (Pcl~hl Capar.,lty Total Delay of :(Sfl~,orJdsI. .~ ~ . · ! , I~hl (Seconds) Service :,P~K~I~,= ~ ~ .~,;~-.-~ P,t~. *Sat. P.M. Sat. NB to WB Left Turn 6.5 46 33 406 358 From Cottage Place NB to EB Right Turn 5.5 15 19 953 892 From Cottage Place Combined NB Approach 61 52 473 458 8.7 8.9 B B WB to SB Left Turn 5.0 4 4 1192 1124 3.0 3.2 A A From Main Road Table 1 Capacity Analyses Results Main Road at Cottage Place It can be seen fi.om Table l that either a Level of Service (LOS) A or B exists for the intersection approaches. These levels of service show that the intersection of Main Road and Cottage Place is currently operating under more than adequate conditions. No disruptions to traffic were found on Main Road and no problems are expected for vehicles entering and exiting Cottage Place. It should also be pointed out that no increase in traffic is expected due to the parking lot construction. Ms. Theresa Elkowitz March 29, 1999 Page 5 Parking Occupancy Study As part of this study, a parking occupancy survey was done on a Saturday between 10:00 A.M. and 2:00 P.M. and on a weekday between 12 Noon and 6:00 P.M. The parking occupancy study was divided into five (5) separate areas that translate to the areas found in the previous Figure l, Parking Locations. It should be noted that vehicles for sale in the parking lots were also counted as part of the parking study. The results of the parking occupancy for a Saturday afternoon revealed that the peak occupancy occurred at I 1:30 A_M. when 161 vehicles were present on the site. A breakdown o£the number of vehicles parked in each specific section for each half hour time period between 10:00 A.M. and 2:00 P.M. for a Saturday afternoon can be found in Table 2, Saturday Afternoon Parking Occupancy and is graphically represented in Figure 2, Saturday Afternoon Parking Occupancy. ~ona Time Total 10:00 A.M. 90 55 9 4 1 159 10:30 A.M. 91 54 8 5 1 159 11:00 A.M, 86 53 8 5 1 153 11:30 A.M. 85 56 12 5 3 161 12:00 Noon 86 51 12 7 2 158 12:30 P,M. 85 47 10 3 0 145 1:00 P.M. 81 49 11 2 0 143 1:30 P.M. 84 47 9 4 0 144 2:00 P.M. 85 44 8 3 I 141 Table 2 Saturday Parking Occupancy It can be seen from Table 2 that up to 7 vehicles were parked on Cottage Place in the vicinity of Mullen Motors. In addition, there were up to 12 vehicles parked in Section 3, which is the section between the existing Mullen Motors building and Cottage Place. Ms. Theresa Elkowitz March 29, 1999 Page 7 The results of the parking occupancy for a weekday afternoon revealed that the peak occupancy occurred at 12:00 Noon when 165 vehicles were present on the site. A breakdown of the number of vehicles parked in each specific section for each half hour time period between 12 Noon and 6:00 P.M. for a weekday afternoon can be found in Table 3, Weekday Parking Occupancy and is graphically represented in Figure 3, Weekday Parking Occupancy. 'nme - .1 $ 4 5 Total 12:00 Noon 94 53 9 6 3 165 12:30 P.M. 92 44 9 3 0 148 1:00 P.M. 93 49 10 5 2 159 1:30 P.M. 95 49 8 7 I 160 2:00 P,M. 94 50 9 6 1 160 2.:30 P.M. 90 51 10 7 0 158 3:00 P.M. 89 49 9 4 1 152 3:30 P.M. 86 50 9 5 0 150 4:00 P.M. 84 48 10 5 0 147 4:30 P.M. 87 49 7 3 1 147 5:00 P.M. 88 48 7 2 1 146 5:30 P.M. 85 36 10 0 2 133 6:00 P.M. 89 51 7 1 1 149 Table 3 Weekday Parking Occupancy It can be seen from Table 3 that up to 7 vehicles were parked on Cottage Place 'in the vicinity of Mullen Motors. In addition, there were up to 10 vehicles parked in Section 3. With the construction of the new parking lot, the vehicles parked on Cottage Place as well as several of the vehicles parked in Section 3 will be moved to the newly constructed parking area. This will help to increase safety and roadway efficiency in the area since less vehicles will be parked on Cottage Place alter the construction of the parking lot. In addition, the vehicles in Section 3 of the parking lot currently are forced to back out onto Cottage Place. If these vehicles are moved to the new parking lot they will not be forced to make this maneuver which possibly could cause an accident hazard. Selg!qe^ Ms. Theresa Elkowitz March 29, 1999 Page 9 Therefore, from a traffic engineering standpoint, the construction of the new parking lot should greatly increase the safety and efficiency of the roadways in the vicinity of the site. It should be pointed out that access to the proposed parking area will be provided through the existing parking area located on the south side of the property. Therefore, no additional access drives will have to be constructed onto either Cottage Place or Main Road. Sight Distance Measurements Main Road, in the vicinity of site, is essentially level and no appreciable horizontal curves exist. No sight distance restrictions exist in the vicinity of the intersection of Main Road at Cottage Place. Specifically, the sight distance available to the east of the intersection is approximately 990 feet and the sight distance to the west of the intersection is approximately 620 feet. According to "A Policy on Geometric Design of Highways and Streets", 1990, a report published by the American Association of State Highway and Transportation Officials, the recommended sight distance for a 45 mile per hour design speed road such as Main Road is 400 feet. Therefore, more than adequate sight distance is available to service vehicles at the proposed intersection of Main Road at Cottage Place. Conclusions The proposed parking area will accommodate existing employees as well as vehicles that are about to be serviced by the Mullen Motors Service Center. There is to be no expansion of the existing building or increase in the service area which would generate new demand for parking. Therefore, no additional traffic will be generated due to the construction of this proposed parking area. Based on the analysis and observations of the existing traffic and parking conditions at the proposed site it is expected that the constxuction of the new parking field to the southeast of the Mullen Motors property will not cause any adverse traffic impacts. From a traffic engineering standpoint, the parking area will provide for optimum safety of vehicles entering and exiting the new parking lot. Alter the new parking lot is completed, the vehicles parked on Cottage Place, as well as several of the vehicles parked between the existing Mullen Motors building and Cottage Place will be moved to the newly constructed parking area. This will help to increase safety and roadway efficiency in the area since less vehicles will be parked on Cottage Place after the construction of the parking lot. In addition, the vehicles between the existing Mullen Motors building and Cottage Place will no longer be forced to back out onto Cottage Place which possibly could cause an accident hazard. Based on our findings, it is concluded that, the proposed construction of the 36 car parking area will have no traffic impact on the roadway network and therefore should be approved. Ms. Theresa EIkowitz March 29, 1999 Page 10 If you have any questions or need any further information, please call me. Sincerely, ~?~,~ ~- ~ L\ .': ~W~(~' ~A'sesho~dateA- S trang,P'E- RAS:as L990269 Encl. NEW YORK STATE DEPT OF TRANSPORTATION AVERAGE WEEKDAY HOURLY REPORT ROUTE 25 TUCKER LANE SOUTHOLD ROUTE 114 GREENPORT AUGUST 1996 AM 12-1 1-2 2-3 3-4 4-5 5-6 6-7 7-8 8-9 9-10 10-11 11-12 PM 12-1 1-2 2-3 3-4 4-5 5-6 6-7 7-8 8-9 9-10 10-11 11-12 EASTBOUNI) WESTBOUND 26 28 16 13 10 11 7 8 11 9 32 24 110 86 209 160 246 220 288 259 356 297 399 338 428 ** 328 389 362 376 386 357 414 356 393 328 337 262 268 222 225 159 196 128 158 86 114 53 59 FILE RT25 NAME 070500896 DAILY TOTAL 9,547 EST. AA.DT 8,100 ** DENOTES PEAK HOUR TOTALS 4,854 4,693 ........................................ Route 25 3 305 23 1 0 2--] F0 361 357 331 35 Place 47 0 N 1.00 PM 1 0 0 0 86 0 3 0 3 5 106 1 205 1:15 0 0 O 0 66 I 2 0 9 5 108 2 193 1.30 2 0 O 1 73 1 4 0 5 0 97 0 lB3 1:45 2 0 I 0 93 0 0 0 5 ~ 114 0 219 DAY TOTAL 10 0 1 1 1054 l0 ]2 ! 78 40 1117 7 2371 DIRECTION STAAT PEAK HR ....... VOLUMES ........... PERCENTS ... North 11:45 AM 0.50 2 0 0 2 %100 0 0 East 0.90 0 390 4 394 0 99 1 4 365 16 2 I 0 394 390 385 25 1 14 N Route 25 ~ '~77:::.'"'"~ - ~ HCS: Unsignalized In_~rsections Release 2.1g PM0.HC0 Page Center For Microcomputers In Transportation University of Florida 512 Well Hall Gainesville, FL 32611-6585 Ph: (352) 392-0378 Streets: (N-S) COTTAGE PLACE (E-W) ROUTE 25 Major Street Direction .... EW Length of Time Analyzed... 60 (min) Analyst ................... DEA/AFY Date of Analysis .......... 3/23/99 Other Infor~nation ......... 1999 EXISTING CONDITION (PM PEAK HOUR) Two-way Stop-controlled Intersection ======================================================================= Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's 0 1 < 0 N 305 23 .99 .99 0 0 > 4 .91 1.10 1 0 357 .91 0 0 > 0 N 35 .84 1.10 < 0 0 0 0 12 .84 0 1.10 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 HCS: Unsignalized Intersections Release 2.1g PM0.HC0 Page 2 Worksheet for TWSC Intersection Step 1~ RT from Minor Street NB SB Conflicting Flows: (vph) 320 Potential Capacity: (pcph) 953 Movement Capacity: (pcph) 953 Prob. of Queue-Free State: 0.98 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 331 Potential Capacity: (pcph) 1192 Movement Capacity: (pcph) 1192 Prob. of Queue-Free State: 1.00 TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) 716 Potential Capacity: (pcph) 408 Ma~or LT, Minor TM Impedance Factor: 1.00 Adjusted Impedance Factor: 1.00 Capacity Adjustment Factor due to Impeding Movements 1.00 Movement Capacity: (pcph) 406 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) NB L 46 406 > 473 8.7 0.5 B 8.7 NB R 15 953 · WB L 4 1192 3.0 0.0 A 0o0 Intersection Delay = 0.6 sec/veh HCS: Unsignalized In_~rsections Release 2.1g SAT0.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-6585 Ph: (352) 392-0378 Streets: (N-S) COTTAGE PLACE (E-W) ROUTE 25 Major Street Direction .... EW Length of Time Analyzed... 60 (min) Analyst ................... DEA/AFY Date of Analysis .......... 3/23/99 Other Information ......... 1999 EXISTING CONDITION ) Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound L T R L T R L T R L T R No. Lanes Stop/Yield volumes PHF Grade MC's (%) SU/RV's (%) CV's (%) PCE's 0 1 < 0 N 365 16 · 99 .99 0 4 .91 1.10 390 .91 0 0 0 > 0 N 25 .84 1.10 < 0 14 .84 0 1.10 (SAT PEAK HOUR 0 0 0 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf) Left Turn Major Road 5.00 2.10 Right Turn Minor Road 5.50 2.60 Through Traffic Minor Road 6.00 3.30 Left Turn Minor Road 6.50 3.40 HCS: Unsignalized Intersections Release 2.1g SAT0.HC0 Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 377 Potential Capacity: (pcph) 892 Movement Capacity: (pcph) 892 Prob. of Queue-Free State: 0.98 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 385 Potential Capacity: (pcph) 1124 Movement Capacity: (pcph) 1124 Prob. of Queue-Free State: 1.00 TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vlDh) 810 Potential Capacity: (pcph) 360 Major LT, Minor TH Impedance Factor: 1.00 Adjusted Impedance Factor: 1.00 Capacity Adjustment Factor due to Impeding Movements 1.00 Movement Capacity: (pcph) 358 Intersection Performance Summa~-y Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) NB L 33 358 458 8.9 0.4 B 8.9 NB R 19 892 > WB L 4 1124 3.2 0.0 A 0.0 Intersection Delay = 0.4 sec/veh TO: FROM: RE: DATE: Supervisor Jean Cochran Southold Town Board Bette & Dick Mead 'h"~ Requested Zone Change for Mullen Motors December 7, 1998 We are residents of Southold Town, living on County Road 48 in a house built by Bette's parents over 70 years ago. Since we will be out of Town when the above captioned matter comes before you, xve are submitting our views herein. Mullen Motors is an asset and credit to this Town. It is and has been operated for three generations by a farmly cornrmtted to the welfare of Southold. The Mullens have conducted themselves with humility, dignity, and professionalism, not only as a business, but as citizens, friends, and neighbors. Throughout their years in business, the Mullens have provided excellent automotive sero, ice, as well as sensitive attention to the needs of their customers. They are not just a car dealership or auto mall. The Mullen family extends itself personally, to ensure its customers' concerns are addressed and satisfied They have always been there when the community and their customers have needed them. It is our contention that the Town government needs to work cooperatively with business to assure a vital local economy. Business people are taxpayers. friends and neighbors, who are important to the fabric of this community. Mullen Motors needs additional parking. Space is available to accommodate this need. If same is provided, they are able to stay in the hamlet, service the needs of the community and operate in a mom efficient manner. Certainly they will work with the neighbors and Town to screen this parking area and beautify it with appropriate landscaping. We wholeheartedly endorse their request for a change of zone. We encourage the Town Board to approve this request expeditiously. DEC- 8' SUPERVISORS OFF~CE TOWN OF $OUTHOLO TO: FROM: RE: DATE: Supervisor Jean Cochran Southold Town Board Bette & Dick Mead'hq Requested Zone Change for Mullen Motors December 7, 1998 We are residents of Southold Town, living on County Road 48 in a house built by Bette's parents over 70 years ago. Since we will be out of Town when the above captioned matter comes before you, we are submitting our views herein. Mullen Motors is an asset and credit to this Town. It is and has been operated for three generations by a family cornrmtted to the welfare of Southold. The Mullens have conducted themselves with humility, dignity, and professionalism, not only as a business, but as citizens, friends, and neighbors. Throughout their years in business, the Mullens have provided excellent automotive service, as well as sensitive attention to the needs of their customers. They are not just a car dealership or auto mall. The Mullen family extends itself personally, to ensure ~ts customers' concerns are addressed and satisfied They have always been there when the community and their customers have needed them. It is our contention that the Town government needs to work cooperatively with business to assure a vital local economy. Business people are taxpayers. friends and neighbors, who are important to the fabric of this community. Mullen Motors needs additional parking. Space is available to accommodate this need. If same is provided, they are able to stay in the hamlet, service the needs of the community and operate in a more efficient manner. Certainly they will work with the neighbors and Town to screen this parking area and beautify it with appropriate landscaping. We wholeheartedly endorse their request for a change of zone. We encourage the Town Board to approve this request expeditiously. SUPERVIoCO~ $ OFFICE TOWN OF $OU__THOL._~_.~D _ RECEIVED JUL ~ ~ 19~6 Gerard Goehringer Chairman o! Zoning Board of Appeals Sou!hold Town Hall Main Road, Sou!hold, NY 11971 July 13, 1998 Dear Mr. Goehringer: Thank you tor taking time out from your busy schedule to talk with area residents, June 181h, about Mullen Motors violations (please see attached list page 1 and 2 and photos)_ As was brought out in our meeting, when residents near Lucas Ford objected !o the lighting problem there, immediate steps were taken to rectify the situation. Founders Estates neighbors would like the same consideration. This past year STOP-Watch has written countless letters to the Town Board, Planning Board, Z.B.A., and Code Enforcement Officer about these matters. Town Hall has received adequate informal!on for all departments to act on the site plan violations and area variance violations and inconsiderations in general. Now that you are fully aware of the legitimate concerns of the neighborhood and the specific site plan violations of Mullen Motors, we anticipate the resolution of !hese collectively recognized inlractions. PS: As we also discussed, 7-Eleven shares many of these infractions and inconsiderations. Despite numerous letters: July 16; August 29; October 7; November 24; February 18; March 16; March 23; April 2; April 7, these business violations have yet to be corrected. As we reiterated at our meeting, the only option is rectification, not modification. Immediate attention is greatly appreciated and merited. Gerard Goehringer Chairman of Zoning Board ot' Appeals $outhold Town Hall Main Rd, Southold, NY 11971 Re: Resurfacing of Mullen Motors property and Halogen Lights. page 1 of 2 July 13, 1998 1. Resurfacing occurred June 6th in front of bubble window & east side of Cottage Place. Violation of Site Plan, and violation of Area Variance granted by the Z.B.A. on Sept. 26, 1994. A. Both violations unsightly and environmentally damaging. B. Lacking buffer zone--no grass, trees, curbing or sidewalks! C_ Macadam run-off drains into residential cellars and Town Creek on Hobart Road. Mullen Motors has tolally monopolized and appropriated Cottage Place for their own benefit, NOT for the benefit of their neighbors and community. example: Chain-link fence--removed fence from right-of-way, but now park their cars there. No allowance for pedestrians, no grassy walk along right-of-way. Cars parked along street too, congested egress Solution: Macadam removal and restoration of grassy walkway, as done at Mitchell Park. 2. Halogen Lights shining into residential homes until Midnighl. A. Mullen Motors--4 halogens on every post is excessive. B. In direct opposition to registered complaints from residents, Mullen Motors installed yet another halogen light above the roof line of repair garage, which shines directly through Adams' kitchen and on into Frederick's home (Letter of March 13, 1998). Solution: Mullen Motors follow example set by other Dealerships: Ford Lucas (lights dimmed and out by 9:00pm in response to neighborhood request). Michael Pontiac (lights no longer in use). page 2 of 2 We need solutions to these terrible conditions that residents are living with day and night. Not only has Mullen Motors failed to reclily existing violations, but has resurlaced their macadam and added yet another inlrusive halogen light. Mullen Motors is oulrightly breaking our codes and showing blatant disregard. This is unacceptable and wronq. Residents have waited a year- long enough for Mullen Motors to peel up their macadam, tone down their lights, and reduce the long hours they burn_ Anything less is an insult and deliberate indifference to area homeowners and the governing body of the Town o! Southold. Sincerely, Neighborhood Representatives c.c.: Southold Town Board, Town Attorney--Grog Yakaboski, Town Clerk--Elizabeth Neville, Planning Board--Ben Orlowski, Town Planner--Valerie Scopaz, Code Enforcement/Bldg.--Ed Forrester, Code Committee--Bill Moore, Architectural Review Committee--Robert Brown & Garrett Strang, Highway Dept.--Ray Jacobs, Trustees-- Pres. Al Krupski, Nelson, Pope & Voorhis. Cars Parked over Right-of Way where fence was Removed. Nowhere to Walk-- Grassy Buffer--Paved Over along Cottage Place. 4 Halogens on each Towering Post-Excessive # of Lights, Wattage and Height---Disturbs Neighbors & Drivers. Newly Installed Halogen above Roofline of Repair Garage Directly Pointed at Adams' Home Through to Frederick's. Mullen Motors' Intrusive Halogen Flood Lights shine into Homes and the eyes of passing Motorists-- 11:30pm. 7-Eleven Bright Lights attract Loiterers to congregate with their pals. Run-off & Erosion from Mullen Motors onto Hobart Road & Town Creek. Mullen Motors Car Carrier Swinging around Korn Road, up on property, and onto Locust Lane.--last seen 7/10/98 at 9:30am. Mr. Ray Jacobs Superintendent of Highway Dept_ Peconic Lane Peconic, NY 11958 Dear Mr. Jacobs, Julie Sanl~ord Locust Lane Southold, NY 11971 We, on Locust Lane were wondering if you had had a chance to talk with your crew about not using the inner roads of Founders Landing Estates unnecessarily. It is not just once a week, it is everyday--sometimes several times a day. We have spoken to both of your secretaries about these matters on 3 occasions since our talk with you. After our call to you on Monday, June 29th about the Vac Con truck which was also parked in the 7-Eleven No Parking Zone, the very next day, the Vac Con truck again came down Locust Lane, turned left onto L'Hommedieu, and then turned right onto Town Harbor Lane. This is not a direct route. Besides the wear and tear on our street corners from this distructive pattern, it is also very dangerous and disturbing to have heavy trucks bearing down on our otherwise quiet roads. There are people walking in the neighborhood, children riding their bikes, and walking their dogs. We should not be bothered with needless truck traffic that is meandering through the neighborhood or frequenting 7-Eleven. I would also like to bring to your attention the following incidents involving your Town Garbage truck: July 2-4:30am--Town Garbage truck drives down Locust Lane, turns left on L'Hommedieu, then right onto Town Harbor to pick up garbage at the Town Harbor Dead End. Later at 8:30 am, Garbage truck was seen coming up from the Town Harbor Dead End, across L'Hommedieu, and up Locust Lane, out onto the Main Rd. Makes no sense. Not a direct route. July 6--5:30am--Garbage truck uses Locust Lane, and L'Hommedieu to get to Town Harbor Dead End and this time shouts while passing Joe Blades' home. July 10--5:4Oam--Garbage truck takes same route, but this time beeps twice as he passes Joe Blades' home. Note: Every stop and turn is accompanied by scr~..cching brakes. Until now we have never had Town Garbage trucks coming down Locust Lane, period. It comes to mind that the sudden reason for this 4:30am garbage truck on Locust Lane might be the newly-placed yellow garbage can at Colonial Corners. Why would Colonial Corners need a Garbage can? The only reason we can think o! is 7-Eleven, which is a private enterprise. Why should the Town be carting 7-Eleven garbage? Let 7-Eleven be responsible I'or their own garbage. They have a 24-hour, all night operation and can send someone out at 4:30am to quietly do the job. We residents all have to pay privately to have our garbage hauled away. When 7-Eleven first opened, they agreed that they'd have a man go out and pick up CAROLYN A. SI~NK ATTORHRY AT 121 Ponquogue Avenue Hampton Bays, lieu York 119&6 516-723-23&1 Southold Town Board Southold To~l Hall Main Road Southold, New York 11971 July 9t~, 1998 RE: PBTXTXOB AGAXliST A CHAIIGE OF ZONE FOR MUX,X,KN MOTORS DKALKRSHXP. Dear Members of the Southold Town Board, I represent a number of Southold property owners and residents in the vicinity of the Mullen Motors car dealership. As you know, William and Richard Mullen have applied to your board to down% grade a 1.25 acre parcel of land located at the southwest corner of NYS Route 25 and Locust Lane from a Hamlet Business and Residential zone to an intense conuuercial zone known as General Business. Numerous Southold residents and business owners have vigorously protested this down-zoning. Attached you will find two separate petitions urging you to reject this change of zone request. (See Exhibits A and B). In total, 1060 citizens have objected to this change of zone. Recently, I forwarded another protest petition to you, wherein adjoining property owners and property owners opposite the Mullen Motors site, objected to this change of zone. Under Town Law section 265, a super majority (five affirmative votes) of the Town Board is now required to change the zone. I opposed this change of zone by sworn affirmation on the 29th day of September 1997 based upon fifteen years of land use planning experience in the Towns of Southampton, East Hampton, and Shelter Island as a Planner and Environmental Attorney with the Group for the South Fork. The Group for the South Fork is the East End's leading environmental protection organization. I emphasized that officials had assessed the wrong action under the State Environmental Quality Review Act, namely a parking lot proposal, when in fact the application before the board is for a comprshensive change of zone, which would run with the land and allow numerous uses. These uses, if allowed, would downgrade this neighborhood, create suburban sprawl, hurt local businesses that depend on small down town charm to survive, and invite tacky automobile-intensive and other page 2 highly intensive uses. This change of zone would restrict neither Mullen Motors or future property owners to one use. I also emphasized that residential zones are far less commercial and more attractive zones, allowing for such uses as farms, horse farms, vineyards, churches, libraries, art galleries, and museums. These uses contrast sharply with the uses allowed in the General Business zone like fast food restaurants, (7~11s, McDonalds etc.) warehouses, gas stations, car washes, bare, and food processing plants. ! informed you that the change of zone would allow "Colonial Corners. to be torn down and converted to intense, unattractive commercial uses since there is no legal guarantee that the developer would stick to casual verbal representations that the property would only be used for a parking lot and not for other uses. Sprawling suburban parking lots have bright flood lights that disturb residents, degrade neighborhoods, and reduce property values. They have no place in historic Southold. PT.~SE REJECT THIS CHANGE OF ZONE REQUEST consistent with the will of your constituency, and preserve the rural charm of Southold and local business interests. Sincerely, cc: Town Attorney Planning Board Zoning Board of Appeals Nelson, Pope, and Voorhis Code Enforcement/Building Department Code Committee Press CAROLYN A. ZENK ATTORNEY AT LAW 121 Ponquoque Avenue Hampton Bays, New York 11946 516-723-2341 Southold Town Board Southold Town Hall Main Road Southold, New York 11971 July 9th, 1998 RE: PETITION AGAINST A CHANGE OF ZONE FOR MULLEN MOTORS CAR DEALERSHIP. Dear Members of the Southold Town Board, I represent a number of Southold property owners and residents in the vicinity of the Mullen Motors car dealership. As you know, William and Richard Mullen have applied to your board to down grade a 1.25 acre parcel of land located at the southwest corner of NYS Route 25 and Locust Lane from a Hamlet Business and Residential zone to an intense commercial zone known as General Business. Numerous Southold residents and business owners have vigorously protested this down-zoning. Attached you will find two separate petitions urging you to reject this change of zone request. (See Exhibits A and B). In total, 1060 citizens have objected to this change of zone. Recently, I forwarded another protest petition to you, wherein adjoining property owners and property owners opposite the Mullen Motors site, objected to this change of zone. Under Town Law section 265, a super majority (five affirmative votes) of the Town Board is now required to change the zone. I opposed this change of zone by sworn affil-mation on the 29th day of September 1997 based upon fifteen years of land use planning experience in the Towns of Southampton, East Hampton, and Shelter Island as a Planner and Environmental Attorney with the Group for the South Fork. The Group for the South Fork is the East End's leading environmental protection organization. I emphasized that officials had assessed the wrong action under the State Environmental Quality Review Act, namely a parking lot proposal, when in fact the application before the board is for a comprehensive change of zone, which would run with the land and allow numerous uses. These uses, if allowed, would downgrade this neighborhood, create suburban sprawl, hurt local businesses that depend on small down town charm to survive, and invite tacky automobile-intensive and other TO SOUTHOLD TOWN BOARD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN 1~ AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.00- 022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKI2qG AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE . ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTLNG. IT CREATES TtLAFFIC HAZARDS, HIGH NOISE INFtL~,CTIONS, AND YNVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH XqSIBILITY AS THINGS ARE. HOWE~rER, FURTHER COMMERCLAL EXPANSION ENTO SAID SITES IS NOT EN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RES1DENTL4L PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR3,IER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VLA THE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TBMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD 5IULLEN MOTORS INC., RICHARD F. MULLEN 1TI OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN 11I AND WILLLAM H. 3,IULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. 1'o SOUTHOLD TOWN BOARD ONE FOR THE pURPOSE OF E×P NDING TfIEIR PARING STO ,G . TO EXPAND INTO ~MLET BUSINESS DISTRI~S OR RESIDENT~L AREAS. IT WOULD AD;~RSELY AFFE~ THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION' QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~WNG~ED ~NY~HING C.~N ,~ND NL~' ~PEN. A COMMERCIAL DUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES T~kFFIC ~-~DS, HIGII NOISE INF~IONS, .~D INVASION OF PRIVA~ INTO ~ESIDENTk~ ~EAS. MULLEN MOTORS HAS A G~D N~ME AND ENOUGH VISIDILITY AS THIN~S .~ HO%~ FURTHER COMMERCLhL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1~40 ~qLLAGE AND OUR RESIDENTIAL PROPERTIES. ;~ ASK THE BOARD TO R~E~ THIS APPLICATION. ~ WOULD LIKE TO ~NOW ~O AUTHORIZED THE CUTTING OF THE TREES ON THE FO~MER LUCEY PROPERTY AND WE~ ~Y OF THE T~ES ON THE PUBLIC ~GIIT OF WAY. ~ THE PETITIONERS WOULD LIKE .~N ANS~R ~qA THE LOCAL PAPERS I e. T~LER WATCHMANISUFFOLK TIMES. Tills PETITION IS GENE~kTED ~2TH NO MALICE TOWARD MULLEN MOTORS INC., RICIL~D F. MULLEN I11 OR ~ [LLL-kM H. MULLEN. Tills PETITION IS ONLY IN ~ESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICH~D F. MULLEN III AND ~2LLI.~M H. MULLEN TO PROTEC~ THE VALUES OF PROPERTIES AND M ~INTAIN THE RU~ CtIA~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAM:E ADDKESS SIGNATURE PHONIB 0 TO SOUTHOLD TOWN BOARD PETITION WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW1N %~E ASK TIIE BOARD TO R~E~ TIlE APPLICATION OF RICIE~D F. MULLEN III AND %ILLIAM H. MULLEN TO DOX~ 7~NE COLONIAL CORNERS ~B) AND THE AD.IACENT RESIDENTIAL PARCEL OF ZONE (B) FOR THE PURPOSE OF EXP.~NDING THEIR PARKING AND STO~G~ AND YALUE OF IMMEDIATE AND SURROUNDING HOMES AND ~USINESSES~ NOT TO MENTION QUALITY OF LIFE AND A COMMERCL~L ~USINESS ~ES NOT BELONG IN THIS SETTING. IT CREATES TK&FYIC HA~S, HIGil NOISE ENOUGH VISIBILITY AS TIflNGS A~ HO~ FURTItER COMMERCIAL EXPANSION INTO SAID SITES I$ NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1~0 ~]LLAGE AND OUR RESIDENTL[L PROPERTIES. %~ ASK THE BOARD TO R~E~ THIS APPLICATION. %~ WOULD LIKE TO ~NOW %~O AUTHORIZED TIlE CUTIING OF THE TREES ON THE FORMER LUCEY PROPERTY AND %ERE .~ OF THE T~ES ON THE PUBLIC RIGHT OF WAY. WE TIlE PETITIONERS WOULD LIKE .~N ANSWER ~TA THE THIS PETITION IS GENE~TED %~TH NO MAL1CE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR %~LLL&M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR QI~N RIGHT BY LAW TO OPPOSE THE PETITION OF RIC~[RD F. MULLEN III AND WILLI.~M H. MULLEN TO P~OIE~ TIIE I'ALUES OF PROPERTIES AND MAINTAIN TIIE RU~[L CIIAK&~ER OF OUR COMMLrNITY. PETITION SIGNATURE SHEET PRINT N A~*IE ADDRESS SIGNATURE PHONE ,Jones WITNESS: "I PH# -~,~-- .~L~?ATE~AGE# ~ TO SOUTItG .~ ) TOWN B~AKD PETITION %YE THE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOWN ~VE ASK TIIE BOAI~D TO KEJECT THE APPLICATION OF RICILk]~D F. MULLEN Ill AND WILLIAM H. MULLEN TO DOIVN ZONE COLONIAL CORNERS ('H~) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (1t-40) (DESIGNATED ON SUFFOLK COUNTY T~.X ,MAP 1000 062.00-03.0B-022.001 AND 024.001) TO A GENEKAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEft1 PARKING AND STOB. AGF~ FOR OBYqOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCLkL ENTERPRISE SHOULD NOT BE PERMITTED TO EXP.~ND INTO IL&MLET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD AD%~ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES] NOT TO I~IENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGKADED ANYTHING CAN .4_N D ~',LkY tIAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TIIIS SETTING. IT CREATES TR-S, FFIC I~-kT&RDS, HIGtl NOISE INFRACTIONS, ,~ND INVASION OF PRI%'ACY INTO RESIDENTL&L AREAS. MULLEN MOTORS ILkS A GOOD N.~ME ~ND ENOUGH %qSIBILITY AS THINGS ARE. HOWEVEI~ FURTHER CO,MMERCIAL EXP3aNSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC I640 VII, LAGE AND OUR RESIDENTLkL PROPERTIES. gVE ASK THE BO~D TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW ~,$~IO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR~\[ER LUCEY PROPERTY AND WERE A_N¥ OF THE TREES ON TIIE PUBLIC RIGHT OF WAY. IVE TIlE PETITIONERS ~t'OULD LIKE AN ANSWER VIA THE LOCAL PAPERS Le. TI~_kVELER WATCHMAN/SUFFOLK TINIES TtIIS PETITION IS GENEI~.4,TED V,'ITII NO 5LkLICE TOWARD MULLEN MOTORS INC., RICILkRD F. MULLEN III OR II'ILLL~.I H. ?,IULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICILk11D F. MULLEN III .CND WILLIAM fl. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIIE RUFLkL Cfi ilLkC'Y E R OF OL R COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAb~ ADDRESS SIGNATURE PHONE WITNESS:"~'~IJ.-OJ:~.~ ~rt~ ,,/~/vO PH# TO SOUTLOLD TOWN BO, PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO**$'N $$'E ASK TIIE BOARD TO REJECT THE APPLICATION OF RIC}L~dtD F. MULLEN III AND $~rlLLIAM H. MULLEN TO DO'~N ZONE COLONIAL CORNERS (}lB) AND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND 01-411) (DESIGNATED ON SUFFOLK COUNTY T.~X ,MAP 104~-062.0~-03.0~-022.0~1 AND 024.001) TO A GENEB_~L BUSINESS ZONE (BI FOR TtIE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGIr FOR OBVIOUS REASONS, A C.~ DEALERSHIP OR ANY COMMEHCIAJ, ENTERPRISE SHOULD NOT BE PER.MITTED TO EXPAND INTO H-~MLET BUSINESS DISTRICTS OR RESIDENTL&L AREAS. IT ~'OULD ADlrERSELY AFEECT THE INTEGRITY AND '*'ALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY' IS DOWNGI;LADED ,~'~YTHING CAN ,hND ,~,L~Y HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TI~FFIC tIAT~RDS, HIGII NOISE INFR_~CTIONS, AND IN%'ASION OF PIllS'ACE INTO RESIDENTLXL AREAS. I~IULLEN MOTORS HAS A GOOD N,LME ENOUGII ~t'ISIBILITY AS THINGS AI~E. HOhVE'VER, FURTtlER COMMERCLkL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL tIISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. SVE ASK THE I~OARD TO REJECT TIIIS APPLICATION. WE WOULD LIKE TO KLNOW ~qlO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR_MER LUCEY PROPERTY AND ~$'ERE ANY OF TIlE TREES ON TIlE PUBLIC RIGHT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANS~VER $]A TIIE LOCAL PAPERS I.e. TILkl~ELER WATCHM.~NISUFFOLK TIMES. TIIIS PETITION IS GENEI~&TED ~lTll NO .MALICE TOWARD MULLEN MOTORS INC., IIiCH:d~D F. MULLEN III OR WILLIAM II. MULLEN. TIllS PETITION IS ONLY IN RESPONSE TO OUR GI~EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLLLM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ,MAINTAIN TIIE RUII. kL CtIAR.a. CTER OF O[ R COMMUNITY, PETITION SIGNATURE SHEET TO SOUTHOLD TOWN b yARD $VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ',,VE ASK THE BOARD TO RE.IECT THE APPLICATION OF RICI-L~.RD F. MULLEN III AND WILLL~3,1 H. MULLEN TO DOWN ZONE COLONLAL CORNERS (~IB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 01-40~ (DESIGNATED ON SUFFOLK COUNTY TAX M.~ 1000-062.0~-03.00-022.001 AaND 024.001) TO A GENER.S,L BUSINESS ZONE (B) FOR TtIE PURPOSE OF EXPAaNDING THEIR PARKING A~ND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR A~fY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXP.~ND INTO HA~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREA~. IT WOULD AD'~"ERSELY .AFFECT THE INTEGRITY AND 'VALUE OF IMMEDIATE .AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO$~,~GRADED .4aNYTHING CAaN AND NL~,Y HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SEW~ING. IT CREATES TB3tFFIC HAZ~&RDS, HIGH NOISE INFB_hCTIONS, A~ND INVASION OF PRIVACY INTO RESIDEN~FI-~L ARE.~S. MULLEN MOTORS HAS A GOOD NA~,IE .aND ENOUGH n, qSIBILITY AS THINGS ARE. HOWEVEIL FURTHER COMMERCLkL EXPA~NSION INTO SAID SITES IS NOT IN ~kEEPING '~ITH OUR BEAUTIFUL HISTORIC 1640 V'ILL_AGE AiND OUR RESIDENTIAL PROPERTIES. $VE ASK THE BOARD TO REJECT THIS APPLICATION. '~VE WOULD LIKE TO gaN'OW WItO AUTHORIZED THE CUTTING OF TIIE TREES ON THE FORMER LUCEY PROPERTY AND WEKE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE TtIE PETITIONERS WOULD LIKE AN .~NSWER Vk4 TtIE LOCAL PAYERS he. T~4VELER WATCHMAaN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO 5L4,LICE TOW,k~D MULLEN ,MOTORS INC., RICHARD F. MULLEN III OR VvILLL~_M H. ,MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR G[$'EN RIGHT BY LAW TO OPPOSE TtIE PETITION OF RICH~RD F. ~-IULLEN III AND V(ILLIA3,1 H. MULLEN TO PROTECY TIlE VALUES OF PROPERTIES AND M.~INTAIN THE RUB_kL CHAB-kCTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT N,'~.iE ADDRESS SIGNATURE PHONE &,// ¥55 /_3. v6 J~,.t .o /;.,/.~ ~ /~ /~J ~kI,J, ~.-~ TG $OUTHOLD TOWN boARD V,T. TIlE UNDERSIGNED, AS RESIDENTS OF SOUWHOLD TOWN %VE ASK THE BOARD TO REJECT TIIE APPLICATION OF RICtLkRD F. MULLEN Ill AND WILLIAM H. MULLEN TO ~$~ ZONE COLONIAL CORNERS ~B) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40} (DESIGNATED ON SUFFOLK COUNTY T.~X MAP 1~-~2.~-03.~-022.~1 .~ND 024.~1) TO A GENEraL BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPANDING THEIR PARKING .~ND STO~G~ FOR OB~OUS REASONS, A CAR DEALERSHIP OR ~' COMMERCL~ ENTE~RISE SHOULD NOT BE PERMITTED TO EXP.~ND INTO ~ILET BUSINESS DISTRI~S OR RESIDENT~L AREAS. IT WOULD AD~RSELY AFFE~ TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND S &FETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS ~WNG~4DED ANYTHING CAN .~ND ~%L&Y IL~PEN. A COMMERCL&L BUSINESS ~ES NOT BELONG IN TtlIS SETTING. ~ C~ATES T~kFFIC HAZ~DS, HIGH NOISE INF~&~IONS, ~D INVASION OF PRIVA~ INTO ~ESIDENTL4L AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH ~SIBILITY AS THINGS ARE. HO~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~2TH OUR BEAUTIFUL HISTORIC 16d0 VILLAGE AND OUR RESlDENTL&L PROPERTIES. ~VE ASK TIlE BOARD TO R~E~ THIS APPLICATION. PETITION SIGNATURE SHEET 6' , -7, ,-_ co.~ 5 DATE D'I~'L'OS/PAGE# WITNESS: ~ ~,, L~i ;~_: .cO ,-/c ~'-} PH# , Iq .. - TO SOUTHOLD TOWN BO.ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOU'rlIOLD TO~rN WE ASK THE BOARD TO REa-ECT THE APPLICATION OF RICHARD F. t*IULLEN III AND WILLIAM II. bIULLEN TO DOWN ZONE COLONIAL CORNERS ~IIB} AND THE ADJACENT RESIDENTIAL PARCEL OF I.AND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1C~0-062.00-03.00~22.001 A~'D 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING TtlEIR PARKING AHD STOHAGE- FOR OB~2OUS REASONS, A CAR DEALERSHIP OR A.WY COMMERCIAL ENTERPRISE SHOULD NOT BE PERblITTED TO EXPAND INTO IIAt*ILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD~'ERSELY AFFECT TIlE INTEGRITY ~ND VALUE OF I?qMEDIATE AND SURROUNDING HOMES AND BUSINESSE~ NOT TO t*IENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED AaNYTIIING CA~N AND ~IAY IL4,PPEN. A COMMERCIAL BUSINESS IX)FaS NOT BELONG IN TIIIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFR.&CTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL ARF. AS- MULLEN MOTORS IIAS A GOOD N,~%IE AND ENOUGH VISIBILITY AS TILINGS ARE. IIOWEVER, FURTIIER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING X~ITII OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ~ ASK TIlE BOARD TO HF~ECT THIS APPLICATION. WE WOULD LIKE TO KNOW %~IO AlYrHORIZED THE Cu,'rING OF l ~ TREES ON THE FORMER LUCEY PROPERTY AND WERE A~NY OF TIlE TREES ON TIIE PUBLIC RIGIIT OF WAY. '~ Tile PETITIONERS WOULD LiKE AN ANS~A~R ~,~ TIlE LOCAL PAPERS i.e. TR.~,I,~E L E R WATCH.M.~N/S UFFOLK TIMES. THIS PETITION IS GENERATED WITtl NO MALICE TOWARD MULLEN t*IOTORS INC., KICIL~RD F. MULLEN Ill OR W'ILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGH'r BY LAW TO OPPOSE TIlE PETITION OF RICIiARD F. ~,[ULLEN Ill A3/D ',VILLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN THE RUILkL CH.~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME . ADDRESS .. SIGNATURE PHONE ~,,~ , ";" / -F (~ ! 10.dOd-e ',. .' '~ITNESS:_/7'Tzd;~,. .~./,,,~-~ PH# '705-5¥2o DATE t T~' PAGE# 7 / '1 . SOUTHOLD TO'%'N BOARD ~E TIlE UNDERSIGNED, AS RESIDENTS OF SOUTttOLD TO~,~N ~q~ ASK TtlE BOARD TO KEJECT TIlE APPLICATION OF RICIIARD F. NIULLEN III AND X~ILLIAM H. I~IULLEN TO DOVCN ZONE COLONIAL COI~NERS ~HB) 3d~D TIlE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TA.X MAP 10410-062.00-03.00-0Z2.001 AND 024.001) TO A GENEB-kL BUSINESS ZONE (B) FOR THE P U I~uOSE OF EXPANDING THEIR PARKING AND STORAGE- FOR OBX"IOUS REASONS, A CAll DEALERSHIP OR A~'t' COMMERCIAL ENTERPRISE SHOULD NOT BE PER,N[ITTED TO EXPAND INTO tL~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD~fERSELV AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SUItROUND[NG t[OMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~VNGR.ADED ANYTIIING CA~ AND MAY HAPPEN. A COMMERCLkL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR-~FFIC HAZ~,RDS, HIGtl NOISE INFIt_hCT[ONS, .~ND INVASION OF PRI~'ACY INTO RESIDENTLAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGIt ~,ISIBILITY AS TILINGS ARE. IIOV~"E~I~ FURTIIER COM,MERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING W[Ttl OUR BEAUTIFUL HISTORIC 1~0 VILLAGE AND OUR RESIDENTIAL PROPERTIES. X~ ASK THE BOARD TO REJECT TtIIS APPLICATION. X~% WOULD LIKE TO KNOW ~IO AUTtIORIZED TIlE CUTTING OF TIlE TREES ON THE FORMER LUCEY PROPERTY AND WERE AN~' OF TIlE TREES ON THE PUBLIC RIGItT OF WAY. X;~ TIlE PETITIONERS ~;OULD LIKE AN ANSS~%R ~,~.4 THE LOCAL PAPERS I.e. TR_kXCELER 'WATCtISL~N/SUFFO LK TIMES. THIS PETITION IS GENER-&TED V*qTH NO MALICE TOWARD MULLEN MOTORS INC., RICflARD F. MULLEN 1II OR WILLL&M IL NIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI%'EN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIIARD F 5 ULLEN III &ND WILLIAM H MULLEN TO PROTECT THE VALUES OF PROPERTIES AND M ~.INTAIN TIlE Rkrlkt. L CII.&R.&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRANT NAME Al)DP]ESS S IGNATUP. E PHONE WITNESS: TO SOUTHOLD TOWN bOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'6~N n, VE ASK THE BOARD TO REJECq' THE APPLICATION OF RICILa. RD F. MULLEN III AND '*VILLIASI H. MULLEN TO DOWN ZONE COLONIAL CORNERS ('HB~ AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-dO) (DESIGNATED ON SUFFOLK COUNTY T.4.X MAP 1000-062.00-03.0~ 022.001 AND 024.0411) TO A GENEB_kL BUSINESS ZONE (B) FOR THE pUli.POSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAll DEALERSHIP OR .MN'Y COMMERCLkL ENTEI~PKISE SHOULD NOT BE PERMITTED TO EXP,t. ND INTO I~tMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HO[',IES AND BUSINESSES~ NOT TO MENTION QU},L[Th' OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR. M)ED ANYTHING CAN .4aN D MAY fL4, PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.kFFIC HAZ_kRDS, HIGH NOISE INFiI.kCTIONS, AND INVASION OF pRIVACY INTO RESIDENTLS, L AREAS. IMULLEN MOTORS tL4.S A GOOD N~,[E AND ENOUGII ~qSIBILITY AS THINGS ARE. HOW'EVEI~ FURTIIER COMMERCL~.L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL tIISTOBIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIlE BOARD TO REJECT TIfIS APPLICATION. '*gE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF TIlE TREES ON THE FORMER LUCEY PROPERTY AND '*'*'ERE A-NY OF THE TREES ON THE PUBLIC RIGHT OF WAY. V,E. THE PETITIONERS WOULD LIKE AN ANS'~,'ER 'VIA TIlE LOCAL PAPERS I.e. TB.A~,'ELER WATCHNL~NISUFFOLK TIMES. THIS PETITION IS GENEB>.TED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICIIARD F. MULLEN III OR ~.'*~iLLLAM H. NIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI¥'EN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICtIARD F. MULLEN III AND '~VILLIAM II. MULLEN TO PROTECT TtIE VALUES OF PROPERTIES AND MAINT3IN TIIE Rk'l~S,L CHA. R.kCTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BC,,~,RD %%~ THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO%~' %~ ASK TIIE BOAJID TO RF-YECT TIlE A2PLICATION OF I~ICH2,RD F. MULLEN I11 AND V,~ILLIA~,[ H. MULLEN TO DOWN ZONE COLONIAL CORNERS ~HB) AND THE ADJACE;N'r RESIDENTIAL PARCEL OF LAND (1t-40) ('DESIGNATED ON SUFFOLK COUNTY TAX ,M.4J~ 100/)-062-0~-03.00-022.001 AND 024.0411) TO A GENEB2tL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR pARKING A~ND STO~.AGE. FOR OB;'IOUS REASONS, A CAR DEALERSHIP OR ANrY COMMERCIAL ENTERPRISE SHOULD NOT BE PER~MITTED TO EXPAND INTO H_~MLET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD ADVERSELY AFFECT THE IN'PEGRITy AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO ,MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND NL4Y HA2PEN. A COMMERCL&L BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TBA.FFIC tL&ZA.RDS, HIGH NOISE INFB_~,CTIONS, AND IN~/ASION OF PI~IVACY INTO RESIDENTL4L AREA~. MULLEN MOTORS H-~.S A GOOD NAME AN'D ENOUGH %qSIBILITY AS TILINGS ARE. HOV, q~%~IL FURTHER COM,MERCLkL EXIL~NSION IN-tO SAID SITES IS NOT IN KEEPING ~;TTH OUR BEAUTIFUL HISTORIC 1~40 %~LLAGE .4,"iD OUR RESIDENTL~,L PROPERTIES. V,q~ ASKTHE BOA.RD TO REJECT THIS .&PPLICATION- %%~ WOULD LIK~ TO K-NOW %~HO AL~HORIZED THE CUTTING OF THE TREES ON THE FOkMER LUCEY PROPERTY AND %;~i~E .~N%' OF THE TREES ON THE PUBLIC RIGHT OF WAY. V,'E THE PETITIONERS WOULD LIKE AN ANSV,~R %q_& TIlE LOCAL PAPERS Le. TR_&;~LER WATCHMA'i/SUFFOLK TIMES. TIIIS PETITION IS GENER-4TED %;~ITH NO MALICE TOWARD MULLEN MOTORS INC., RICkL4~q~D F..MULLEN III OR %V[LLLk.M H. MULLEN. THIS PETITION IS ONLV IN RESPONSE TO OUR GlUtEN RIGHT BY LAW TO OPPOSE THE PETITION OF RJCtLARD F. MULLEN III A~N'D ;~lLLL42, I H. MULLEN TO pROTECT THE Y4.LUES OF PROPERTIES AN'D ,M.~INTAIN THE RU~.&L CtL~'d~-&CTER OF OUR CO,MMUNITY. PETITION SIGNATURE SHEET # PRINT N,~X,/E ADDI~ESS SIGNATURE PHONE u.,n P. WITNESS: /..~,£<.2 -Ir.r ,. -,'% -:*;" PH# '7~,':--Sz/.v(,DAIE /' ,:~'~?PAGE# .~ TO SOUTHOLD TOWN BOARD III AND '*~, iLI,IAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB) AND THE ADJACENT RESIDENTIAL PARCEL OF I.AND {R-40) iDESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-05,00-022.~1 AN'D 024.001) TO A GENEI4.AL BL'SINESS ZONE (B) FOR THE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. FOR OBVIOUS REASONS. A CAR DEALERSIIIP OR ~ COM.MERC[AL ENTERPRISE SltOULD NOT BE PEI~,IITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. Fl' WOULD ADVE, RSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE IIIE PROPERTY IS I)OWNGRADED A~NYTIIING CAN A~ND .**lAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC IL~Z,kRDS. HIGH NOISE INFI~,CTIONS. AND INVASION OF PRIVACY INTO RESIDENTLAL AREAS. MULLEN MOTORS IIAS A GOOD NAME AND ENOUGll ~,]SIBILITY AS TILINGS ARE. t[OSVE'v~EI~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WIT[I OUR BEAUTIFUL IIISTORIC 16~0 g'ILI,AGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIIE BOARD TO RFJECT Tills APPLICATION. V~T. WOULD LIKE TO KNOW '~IO AUTHORIZED THE CLrl-f ING OF THE TREES ON TtIE FORMER LUCEY PROPERTY AND WERE :kNY OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSWER ','lA TIIE I.OCAI. PAPERS I.e. TRAVEl.ER 'O,'ATCtlM.~,N/SUFFOI,K TIMES. THIS PETITION IS GENER.ATED V~ITII NO I~IALICE TO%VARD MULLEN MOTORS INC., RICI[ARD F.I~[U[.EEN l[I WILLIAM H. MULLEN. TDIS PETITION IS ONLY IN RESPONSE TO OUR G[VEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIIARD F. MULLEN III AND 'WILLIA?,I II. MULLEN TO PROTECT TIIE VAI. I'ES OF PROPERTIES AND MAINTAIN TIlE BI'I,Lkl. CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE-SHEET TO SOUTHOLD TOWN dOARD PETITION ~,VE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOVfN ~VE ASK TIlE BOARD TO REJEC'I' TIIE APPLICATION OF RICILkRD F. MULLEN III ANDWlLLI:~M [I. MULLEN TO ~WN ~NE COLONIAL CORNERS OIB)~DTHEADJACENT RESIDENTIAL PARCEE OF TO EXPAND INTO IIAMLET BUSINESS DISTRI~S OR RESIDENTL~L AR~X~ IT WOULD ADVERSEI,Y AFFE~ TIlE INTEGRITy AND VALUE OF IMMEDIATE AND SURROUNDING tlOMES AND BUSINE5SES~ NOT TO MENTION QUAI IFV OF I.IFE ANI) SAFETY DUE TO INCREASED USAGE, ONCE 'File PROPERTY IS ~WNG~DED ANYTIIING C~N ,~ND MAY IIAPPEN. ENOUGII VISIBILITY AS TILINGS AR~ IlOWEVE~ FURTIIER COMMERC~ EXP~SION INTO SAID SITES IS NOT IN KEEPING ~qTll OUR HEAUTIFUL HISTORIC I~0 gq LI,AGE AND OUR RESIDENT~ PROPERTIES. WE WOUI,D LIKE TO KNOW ~qlO AL~IIORIZED TIlE CU~ING OF THE TREES ON TIlE FORMER LUCEY PROPERTY AND WERE,~N'Y OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSWER VIA TIlE Tills PETITION IS GENE~kTED ~qTII NO MALICE TOWARD MULLEN MOTOHS INC.. RICIIARD F. MULLEN III OR WILLL~M Il. MULLEN. Tills PETITIGN IS ONLY IN RESPONSE TO OUR CI~N RICIIT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN I11 AND ~LI,IAM H. MULLEN TO PROTE~ THE VALUES OF PROPERTIE~ AND MAINTAIN TIlE CtL~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS. SIGNATUFOE PHONE · ( - o - d TO SOUTHOLD TOWN L _,ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'~N ',YE ASK THE BOARD TO R.EJECT THE .~PPLICATION OF RICH.~It.D F. ~,IULLEN III ;~ND W1LLIA~,[ H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) ,~ND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-10) (DESIGNATED ON SUFFOLK COUNTY TA-'~ M.~P 104~-041.00-03.04}-022.0~1 A~D 014.0(}1) TO A GENEIt.~L BUSINESS ZONE (B) FOR THE PUli.POSE OF EX P,~ND ING THEIR PARKING AND STO It. AGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SIIOULD NOT BE PEB~MITTED TO EXP.~ND INTO HAMLET BUSINESS DISTRICrS OR RESIDENTLZ, L All. AS. iT WOULD AD'fERSELY AFFECT THE INTEGRITY AND VALUE OF IM~,IEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO ~,[ENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~,VNGP,-M)ED ANYTHING CAN Ai~D NL~y H.&PPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.~FFIC IL4.Z.M~DS, HIGH NOISE INFRACTIONS, ,~ND INVASION OF PRIVAC'Y INTO RESIDENTL~L AREAS. /~IULLEN MOTORS I-L&S A GOOD NA~,[E AND ENOUGH VISIBILITY AS THINGS ARE. HO'~VE'fEI~ FURTHER COMMERCL~L EXP.~NSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1~40 V'ILLAGE AND OUR RESIDENTLkL PROPERTIES. V,~E ASK THE BOARD TO REJECT THIS .&PPLICATION. VIE WOULD LIKE TO KNOW ',~IO AUTHOBIZED THE CUTTING OF THE TREES ON TIlE FO~b, iER LUCEY PROPERTY AND VfERE ,-~N'y OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~,VE TIIE PETITIONERS WOULD LIKE .~'~ ANS~-~*~R ~,IA THE LOCAL PAPERS Lc. T It~,VEL ER WATCHM_hN/SUFFOLK TIMES. THIS PETITION IS GENEB~TED W'ITH NO ~,LALICE TOW~q~D ~-IULLEN MOTORS INC., RICIL~.RD F. 5IULLEN III OR '*VILLL~'~I II. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIWEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICtL~RD F. MULLEN III .~4D '~ILLL~'~I H. ~,[ULLEN TO PROTECT THE VALUES OF PROPERTIES AND ~L~[NTAIN TtIE RUR_AL CH_4B.~,CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE , , -~ · , / ~ '-~/ ~ ~'_ . TO SOUTHOLD TOWN b,~ARD VPE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOVCN VCE ASK THE BOARD TO I~ECT THE APPLICATION OF RICHARD F. MULLEN III AND '~VILL[A,~,I H. MULLEN TO DO%~ ZONE COLONIAL CORNERS (HB) .S~ND THE AD.IACENT RESIDENTIAL PARCEL OF LAND (R-~0) (DESIGNATED ON SUFFOLK COUNTY TA.'~ ~,IAP 1(~0-062.64)-03.00-021.0~11 .4-ND 014.04)1) TO A GENEI~L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STOR.kGE. FOR OBVIOUS R.E~.SONS, A CAR DE-&LERSHIP OR ANY COMMERCL~L ENTEI~RISE SHOULD NOT BE PEI~IITTED TO EXP.S~ND INTO H.s~,ILET BUSINESS DISTRIC'YS OR RESIDENTL~.L ARE.AS. IT WOULD AD'¢ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE .~ND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGILkDED ,S~NYTHING CA.N AND ~L~¥ IIAPPEN. A COMMERCLLL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CKEATES T~&FFIC HAZARDS, HIGH NOISE INFP,.s, CTIONS, A~ND INVASION OF pRIVACY INTO RESIDENTLS~L A~EAS. MULLEN MOTORS H>.$ A GOOD NAb, IE .CND ENOUGH ¥1SIBILITY AS THINGS ARE- HOVCEVEI~ FURTHER COMMERCL~L EXPA24SION INTO SAID SITES IS NOT IN KEEPING ~>,XTII OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. ',~,~ WOULD LIKE TO ICNOW %'HO AUTHORIZED THE CUTTING OF THE TI~EES ON TttE FO IC~,I E R LUCEY PROPERT'Y AND VCERE .~'~7y OF THE TREES ON THE PUBLIC RIGHT OF WAY, VCE THE PETITIONERS WOULD LIKE AN .~NSV,~R ~,'IA THE LOCAL PAPERS Le. TRAVELER V~'ATCHn, L~N/SUFFOLK TIMES. THIS PETITION IS GENER.~,TED V¢ITH NO ~L&LICE TOWARD MULLEN ~-IOTORS iNC., RICHARD F, MULLEN III OR W]LLIA.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN 11I AND V, TLLLkM H. MULLEN TO PROTEC'Y THE VALUES OF PROPERTIES AND MAINTAIN THE RUg.~,L CtlAR.&c'r ER OF OL'[~ CO,%IMUNITY. PETITION SIGNATURE SHEET # PKINT NAME ADDRESS SIGNATURE PHONE ~ ' ' ~,~ ~. d~t . /G. - ' ':,' ' " WITNESS: , ~ ('¢2._ ~PH# 7/-- .5'%-5~"'¢,.~ DATE PACE# ! TO SOUTFIOLD TOWN I[ -- PETFI'ION II WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~,~ VFE ASK THE BOARD TO REJECT THE APPLICATION OF RICHA, RD F. MULLEN III AND WILLI.~M H. MULLEN TO DO~,%'N ZONE COLONIAL CORNERS ~HB) .MD THE ADJAC£N~T RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY T.~-K ~,L~P 104R}-062.00-03.00-022.001 AND 024.001) TO A GENEB-&L BUSINESS ZONE (B) FOR THE PURPOSE OF EXP.MNDING THEIR PARKING ,~ND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR .~Ny COMMERCL~L ENTERPRISE SHOULD NOT BE pEI~.IIT'FED TO EXPAND INTO H.~.MLET BUSINESS DISTRIC'FS OR HESIDENTLA.L AREAS- IT WOULD AB~,~ERSEL¥ AFFECT THE INTEGRITy AND VALUE OF II~,IMEDI.ATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO'WNGI~&DED A~N't'THING C.4~N .~ND gLS,'~' HAPPEN_ A COMMERCL4.L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.AFFIC I~4Y~DS, HIGH NOISE 1NFB.S. CTIONS, AND INVASION OF PRIVACY INTO RESIDENTL~tL AREAS. MUULEN MOTORS HAS A GOOD NA.ME AND ENOUGH VISIBILITY AS TILINGS ARE_ ItO~&'E~,'EI~ FURTHER COMMERCIAL EXPANSION I~TO SAID SITES IS NOT IN KEEPING '~glTH OUR BEAUTIFUL tIISTORIC 1640 X~ILLAGE ,~ND OUR KESIDENTL~L PROPERTIES. V,'E ASK THE BOARD TO REJECT THIS .~P PLICATION. V,'E V*'O UL D LIKE TO I~NOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY A~N'I) g~'E~E .~NT OF THE TREES ON TIIE PUBLIC RIGHT OF WAy. ~A~ THE PETITIONERS V,'OU'LD LIKE AN .~NS'~¥~R VIA TIlE LOCAL PAPERS i.e. TR.gVELER WATCHMA-N/SUFFOLK TIMES. THIS PETITION IS GENEB.~.TED ',~,'ITH NO M,~LICE TOWARD ~,IULLEN MOTORS INC., RICHARD F. MULLEN III OR gVII,LL.~,3,I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~,'EN RIGHT BY LAW TO OPPOSE TtIE PETITION OF RICHARD F. MULLEN I1[ AND WILLIAM ti..MULLEN TO PROTEC*r THE ','.~LUES OF PROPERTIES AND ,~,L&INTAIN TIlE RUB3tL CHAgACYER OF OUR COMMUNITY PETITION SIGNATURE SHEET # PI:LINT NAME ADDRESS O SIGNATUILE PHONE ~.,~ up-,,_. / .... TO SOUTHOLD TOWN [ kRD $VE THE UNDERSIGNED, AS RESIDENTS OF SOUTItIOLD TOW'N VfE ASK TIIE BOARD TO REJECT THE AFPLICATION OF RICtL~d~D F. MULLEN III AND 'OflLLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS ~HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND ~R-40) (DESIGNATED ON SUFFOLK COUNTY TAX ~LkP 10~}-062.0~-03.00-022.001 AND 024.0~1) TO A GENEI~,L BUSINESS ZONE (B) FOR THE PUI~POSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS I~EASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~MITTED TO EXP.~ND INTO tL%MLET BUSINESS DISTRICPS OR RESIDENTL~L AREAS. IT WOULD AD%~ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DO'*%~GR.~DED ANYTHING CA~' .~ND ,~L~.Y HAPPEN. A COMMERCL%L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TP~AzFIC H.~ZAA~.DS, HIGH NOISE INFRACPIONS, AND INWASION OF PRIVACT INTO RESIDENTLZ, L AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE- HO%m~EVEI:~ FURTHER COMMERCI.AL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE A~ND OUR RESIDENT[AL PROPERTIES. '*~E ASK THE BOARD TO RF~IECT THIS .4~PPLICATION. ~TE WOULD LIKE TO KNOW %VHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORL~IER LUCEY PROPERTY A.ND '~RE A~' OF THE TREES ON THE PUBLIC RIGHT OF WAY ~'E TIIE PETITIONERS WOULD LIKE .UN .~NS'~ER %qA THE LOCAL PAPERS I.e. T BA. VELER WATCHM.~/SUFFOLK TIMES. THIS PETITION IS GENERATED ~]TH NO NE~kLICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLL~%I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND '~ILLL~%[ H. MULLEN TO PROTEC~ TtlE VALUES OF PROPERTIES A-N D 5L~,INT.AIN THE RUR.~L CIIAB.4,CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE . , , ., V WITNESS: DAT£e/~)~PAGE# ~ '7 TO SOUTHOLD TOWN L ARD AS RESIDENTS OF SOUTHOLD TO~fN V~E ASK THE BOAI~D TO R~JECT THE APPLICATION OF IIICHARD F. MULLEN Ill AND ~ILLL~%I H. MULLEN TO DOV*'N ZONE COLONIAL CORNERS fHB) AND THE ADJACENT RESIDENT[AL PARCEL OF LAND [1t-40) (DESIGNATED ON SUFFOLK COUNTY T.~K bI.~u 1~-062.00-03.00-022.001 AND 024.001) TO A GENEB.&L BUSINESS ZONE (H) FOR THE PUKPOSE OF EXPANDING THEIR PARKING .~D STOIt-AGE. FOR OBVIOUS IlEA.SONS, A CAll DEALERSHIP OR AaNI' COMMERCIAL ENTEI~PKISE SHOULD NOT BE PERMFFTED TO EXPAND INTO HAMLET BUSINESS DISTBICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IP, IMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGHADED AaNYTHING CAN .~ND 5L~Y 1~4PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TB.a~FFIC HAZARDS, HIGH NOISE INFB.&CTIONS, A2qD IN'VASION OF PRI~'ACY INTO RESIDENTIAL AREAS. MULLEN bIOTORS IL~,S A GOOD N.~%IE AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEI~ FURTHER COMMERCIAL EXPANSION INTO SAiD SITES IS NOT IN KEEPING X~ITH OUR BEAUTIFUL HISTORIC 1(40 ~qLLAGE AND OUR RESIDENTIAL PROPERTIES. ~E ASK TIlE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW X~IO AUTHORIZED THE CUTTING OF THE TREES ON THE FOILMER LUCEY PROPERTY AND X~'ERE .ANIt' OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~E THE PETITIONERS WOULD LIKE .~'~ .~NS~R VL~ THE LOCAL PAPERS La. TB-~VELER WATCH~,L~/SUFFOLK TIMES. THIS PETITION IS GENEBATED ',~'[TH NO M.AL[CE TOWARD MULLEN MOTORS INC., RICtk~.RD F. MULLEN III OR V~ILLIA~M H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GlUtEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICID, RD F. MULLEN III AND WILLL~-M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TtIE RUKAL CH_~,R.~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRLNLT N A.M[E ADDRESS SIGNATURE PHONE WITNESS: '~- DATE¢~/~/~. PAGE# TO SOUTHOLD TOW~'- qOARD WE TIlE UNDERSIGNED, AS RESIDEi~I'S OF SOUTHOLD TOWN '~ ASK THE BOARD TO REJECT THE APPLICATION OF RICIIA.H~ F. MUI,LEN HI AND WILLIAI~I H. MULLEN TO DOW~ ZONE COLONIAL CORNERS (HB) AND THE ADJACENT I1ES/DENTL%L PARCEL OF LAND (R-10) (DESIGNATED ON SUFFOLK COUNTY TAX ~L4.P 1000-062.0~03.00-022,001 .4aND 014.001) 'fO A GENEB~L BUSINESS ZONE (B) FOR THE PURPOSE OF F~Xp.~NDING THEIR PARK/NG AND STOKAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER. MITTED TO EXPAND INTO HAMLET BUSINESS DISTI~[CTS OR RESIDENTIAL AREAS- IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF II~IMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO%VNGRADED AaNYTHING CAN AND ~L~.Y H-~PPEN. A COMMERCL4L BUSINESS DOES NOT BELONG IN THIS SETTINC. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND IN~'ASION OF PRIVACY INTO RESIDENTLkL AREAS, MULLEN MOTORS HAS A GOOD N.s&,IE AND ENOUGH %'ISIBILITY AS THINGS ARE. HO~,'E%'EIL FURTIIER COMMERCL%L EXP.4-NSION INTO SAID SITES IS NOT IN KEEPING %VITH OUR BEAUTIFUL IIISTORIC 1640 VILLACE AND OUR RESIDENTIAL PROPERTIES. V.'E ASK THE BOARD TO REJECT THIS APPLICATION. %'E WOULD LIKE TO I~NOW WHO AUTHORIZED THE CU~I'ING OF THE TREES ON THE FOR3,1ER LUCEY PROPERTY A~ND WERE ANY OF THE TREES ON THE PUBLIC RICHT OF WAY. WE THE PETITIONERS WOULD LIKE AN A.N'S%%~R VIA TfIE LOCAL PAPERS I,e. TR_4'CELER ¥¥ATCH,XL4~N/SUFFOLK TIMES, THIS PETITION IS GENERATED %'ITH NO MALICE TOWARD MULLEN I%IOTOR$ INC., RICI-L4.RD F. MULLEN Ill OR V~ILLIA,%I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI%'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND ~,VILLIA,M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND 5L%INT.~.IN THE RURAL CH.4R.~.CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDILESS SIGNATURE PHONE , / ~! (? t ' ' ~. ~ ~.~. TO SOUTHOLD TOWN L ARD PETITION 71 .'E TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOAKD TO REdECT THE .&PPLICATION OF RICtL4.RD F. MULLEN III AND XVILLIA~gI H. MULLEN TO DO'~N ZONE COLONIAL CORNERS {'liB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 104)0-062.00-03.C~-022.001 AND 024.001) TO A GENEI~kL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING .~ND STORAGE. FOR OB~qOUS REASONS, A CAR DEALERSHIP OR ANY COM~IERC[AL ENTERPRISE SHOULD NOT BE PER~IITTED TO EXPA~ND INTO IL~'~ILET BUSINESS DISTRICTS OR RESIDENT[AL AREA,% IT ¥¥OULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND S gFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGI~DED A~NYTIlING CAN .~ND ~L~Y PLkPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TI~,FFIC I~,ZARDS, HIGH NOISE INFFLS, CTIONS, A~ND INVASION OF PR/¥ACY INTO RESIDENTL&L ARE.kS. MULLEN MOTORS [Ls, S A GOOD N.~',IE A~ND ENOUGH SqSIBILITY AS THINGS ARE. HO~VEV~I~ FURTHER COMMERCI.~L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 16-10 ',tILLAGE AND OUR RESIDENTLkL PROPERTIES. V~E ASK THE BOARI) TO REJECT THIS APPLICATION. ~¥E WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FO R~',I E R LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE TIIE PETITIONERS WOULD LIKE .~N ANSgYER X~Lk THE LOCAL PAPERS Lc. TI~kYELER '~VATCH.XL~N/S UFFO LK TIMES. THIS PETITION IS GENEI~TED 'WITH NO ~L~LICE TOWARD MULLEN MOTORS INC., RICHARD F. ,~IULLEN III OR X~'ILLL~,~[ H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI%~EN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RIC[LkRD F. MULLEN III AND gVILLL4-M H. ~IULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND .M.~INTAIN THE RUI~kL CHAI~-XCT ER OF OUR CO,~[MUNITY- PETITION SIGNATURE SHEET # PRINT NAN[E ADDRESS SIGNARIRE PHONE WITNESS:__ .~/~.2 TO SOUTFIOLD TOWN L ARD AS RESIDENTS OF SOIYrHOLD TOWN ~ ASK THE BOARD TO RE.J-ECT THE A~PLICATION OF RICHARD F. MULLEN III AND %"ILLIA~%I H. /~IULLEN TO DOWN ZONE COLONIAL CORNERS ~IB) AND THE AD.IACENT RESIDENTIAL PARCEL OF LAND (R-401 (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~0-062.004}3.0~-022.001 AND 024.001) TO A GENEI~L BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMI$1ERCL~L ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO H. A3[LET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD AD~'ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~,~,~GRADED ANYTHING C.~aN AND ~L4,Y HAPPEN. A COMMERCLAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.~d:FIC IL~.Z.4,RDS, HIGH NOISE INFRAC'rIONS, A~ND IN%'ASION OF PB.~VACY INTO RESIDENTIAL AREAS- MULLEN MOTORS HAS A GOOD NAME .4aND ENOUGH ~ISIBILITY AS THINGS ARE. HO~,VEYEIL FURTHER COM~,IERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING V~ITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE A.ND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJEC'F THIS APPLICATION. ~YE WOULD LIKE TO KaNOW '¢,310 AUTHORIZED THE CUTTING OF THE TREES ON THE FOI~MER LUCEY PROPERTY AND ~,5~E .MYY OF THE TREES ON THE PUBLIC RIGHT OF WAY. V,'E THE PETITIONERS WOULD LIKE AN ANSVPER ~IA TtIE LOCAL PAPERS Lc. TI~XVELER WATCH~L4Yq/SUFFOLK TIMES. THIS PETITION IS GENERATED VtqTH NO MALICE TOW.~t~D NIULLEN ,MOTORS INC., RICHARD F. MULLEN III OR ~,¥1LLI~'~[ H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH. MHD F. ~,IULLEN III AND ~$'ILLL~,[ H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIlE RUI~XL C[LS,~s,c'r ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE 3a kg..d. P "74 70 .o WITNESS: ~t~ ~.m~-/'~._ PH# 7~z.~"'-3--L[~6 DATE TO SOUTHOLD TOWN I~ ARD V*~E TIlE UNDERSIGNED, AS I~ESIDENTS OF SOUTtlOLD TOWN ~,VE ASK THE BOARD TO REJECT THE .~PPLICATION OF RICHARD F. ,~,IULLEN III AND V*~LLIA~%[ H. MULLEN TO DO~A,~N ZONE COLONIAL CORNERS (HB} AND THE ADJACENT RESIDENTIAL PARCEL OF LAND eR-40) (DESIGNATED ON SUFFOLK COUNTY TAX M.AP 1000-062.00~3.~-022.~I AND 024.C~1) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING .~ND STOKAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ~ COM]~IERCL~L ENTERPRISE SHOULD NOT BE PERMITTED TO EXPA~ND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF I,MMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE .~ND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED A~NYTHING C.~N ~D MAY HAPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC IL~Z~ARDS, HIGH NOISE INFI~.~CTIONS, .4~ND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS H.&S A GOOD NAME A-~D ENOUGH VISIBILITY AS THINGS ARF- HO~I~ FURTHER COMMERCIAL EXPANSION Ih"TO SAID SITES IS NOT IN KEEPING V~3TH OUR BEAUTIFUL HISTORIC 1640 %ILLAGE AND OUR RESIDENTL~,L PROPERTIES. ~ ASK THE BO.~RD TO REJECT THIS APPLICATION. X~ WOULD LIKE TO KNOW ~IO AUTHORIZED THE CUTTING OF THE TREES ON THE FOI~MER LUCEY PROPERTY A~D ~RE .~Y OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~ TIlE PETITIONERS WOULD LIKE AN A~NSX~R %~A THE LOCAL PAPERS I.e. TR.&VELER WATCH.~ L~N/S UFFO L K TIMES. THIS PETITION [S GENERATED kVITH NO ~IALICE TOWARD MULLEN MOTORS INC., RIC~LZ-RD F. MULLEN HI OR V~ILL/~,%I Il. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~N RIGHT BY LAW TO OPPOSE THE PETITION OF I~[CHARD F. MULLEN ill ~ND ~3LLI.~M H. MULLEN TO PROTECT THE V.~,UES OF PROPERTIES AND MAINT.~IN TIlE BUI~.L CH.e. I~ACT ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NA~rF ADDRESS SIGNATURE PHONE WITNESS: ~,,l,'~_c~,~,, ,, .~t.V~¢'( PH# 7~5--5-V.~(~ DATE I!/fff/(]7 PAGEt/_ TO SOUTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN 'WE ASK THE BOA.RD TO RE. IECT THE A~PLICATION OF RICHARD F. 51ULLEN III AND ¥,qLLI,~M H. D, IULLEN TO DO~,~,,'N ZONE COLONIAL CORNERS (HB) AaND THE ADJACENT RESIDENT[AL PARCEL OF LAND ~R-40~ (DESIGNATED ON SUFFOLK COUNTY TA-K ~LAP 1000~2.00~3.00~22.001 A~ND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STOBAGF- FOR OB;~IOUS REASONS, A C/hR DEALERSHIP OR ANY COMMEHCIA.L ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO tL&MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOLMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOSVNGRADED ANYTHING CAN AND bLAY ~L&PPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.&FFIC I{&Z.M~DS, HIGH NOISE INFRACTIONS, A~ND INYASION OF PRIVACY INTO I~ESIDENTIAL AREAS. MULLEN MOTORS kL&S A GOOD NA.ME ENOUGH XqSIBILITY AS THINGS AR~ HO~YEVEI~ FURTHER COMMERCIAL EXPA~/SION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEA[FFIFUL HISTORIC 1640 ~qLLAGE A~D OUR RESIDENTIAL PROPERTIES g~ ASK THE BO.XRD TO REJECT THIS .~PP LICATION. gYE WOULD LIKE TO KNOW ~$~tO AUTHORIZED THE CU~-~I NG OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE .~N¥ OF THE TI~EES ON THE PUBLIC RIGHT OF WAY. ~VE THE PETITIONERS WOULD LIKE A~N A~NS~,YER YT& TIlE LOCAL PAPERS I.e. T IL&'¢E L E R WATCHNL&N/SUFFOLK TIMES. THIS PETITION IS GENERATED %'ITH NO MALICE TOWARD MULLEN MOTORS INC., RICH.4~RD F. MULLEN III OR ;XlLLIAM H, MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY L~W TO OPPOSE THE PETITION OF RICFL~RD F. MULLEN III A~ND '~ILLI.&M H. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND ,XLklNTAIN THE RUB.&L CYL~,R.kCTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS I SIGNATURE PHONE / I . . ,/ - /;~. '/ ~ - ¢ ~- TO SOUTHOLD TOWN BOARD 'ere THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~,VN V,'E ASK THE BOARD TO REJECT THE APPLICATION OF RICFLS,~D F. MULLEN III AND V*ILLIA~,I H. ~IULLEN TO DO'~N ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF I.AND ~ 40) (DESIGNATED ON SUFFOLK COUNTY TAn( MAP 10~0-062.0~-03.00-022.001 A~ND 024.001) TO A GENEI~2tL BUSINESS ZONE (B) FOR THE PUI~POSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OB',qOUS REASONS, A CAR DEALERSHIP OR .sd~Y COMMERCLXL ENTER.PRISE SHOULD NOT BE PER31ITTED TO EXP.~ND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD$~ERSELY AFFECT THE INTEGRITY AND VALUE OF I~,INIEDIhTE AND SURROUNDING HO~-IES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOV~NGRADED ANYTHING C.~N AND MAY H.~PPEN. A COM?,IERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC H.4.ZARDS, HIGH NOISE INFB-ACTIONS. A~ND INVASION OF PRI~'ACY INTO RESIDENTLAL AREAS, MULLEN ~,IOTORS H~S A GOOD N3d~IE AND ENOUGH ~,ISIBILITY AS THINGS ARE. HO~,'E~,'ER. FURTHER COMMERCLStL EXPANSION INTO S.~ID SITES IS NOT IN KEEPING '~'ITH OUR BEAUTIFUL HISTORIC 1640 ~,'ILLAGE A~ND OUR RESIDENTIAL PROPERTIES. ~,g'E ASK TtIE BO.~RD TO REJECT THIS APPLICATION. WE WOULD LIKE TO ICN O'~Y V*'HO AUTHORIZED THE CUTTING O1: THE TREES ON THE FOR?,IER LUCEY PROPERTY .~ND ~,~RE A,NY OF THE TREES ON THE PUBLIC RIGHT OF WAY. '&~ THE PETITIONERS WOULD LIKE AN .~NS'*VER VIA THE LOCAL PAPERS Le. T R_AVELER WATCH g L~N/SU FFOLK TIMES. Tills PETITION IS GENERATED W~TH NO 5L4. LICE TOWARD MULLEN MOTORS INC., RIChLY, RD F. MULLEN III OR ~,¥1LLL~_M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GrVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICH_~D F. MULLEN III AND ~,$'ILLL4~M Il. MULLEN TO PROTECT TtIE VALUES OF PROPERTIES AND Y, IAINTAIN THE RUI~&L PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ~.- ' ' ' ~ ~l- ' TO SOUTHOLD TOWN BOARD IL PETITION W'E THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~ ;YE ASK THE BOARD TO R.E~ECT THE .~PLICATION OF I~ICHARD F. IMULLEN lli A~ND WILL[A3,! H. MULLEN TO DOWN ZONE COLONIAL CORNERS (lqB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062ARL03.OO-022.001 AaND 024.001) TO A GENE~.&L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR p.OIKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PEIt~MITTED TO EXPAND INTO HAaMLET BUSINESS DISTI~ICTS OR RESIDENTL4.L AREA~. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGIL~DED A~NYTHING CAN AND ~,L~Y HAppEN, A COMMERCL~.L BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TBAFFIC IL&Z.M~DS, HIGH NOISE INFRACTIONS, AND INVASION OF pRiVACY INTO RESIDENTL&L AREAS. MULLEN MOTORS IIAS A GOOD N.42,IE .4~ND ENOUGH ~TSIBILITY AS THINGS A3LE, HOWI~VEI~ FURTHER COMMERCIAL EXPA~NSION INTO SAID SITES IS NOT IN KEEPING '¢¢1T H OUR BEAUTIFUL HISTORIC 1640 VILLAGE .4~ND OUR RES I DE.¥Y IAL PROPERTIES. ',~'E ASK THE BO.MID TO RE~CT THIS AiaPLICATION. YCE WOULD LIKE TO KNOW WItO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR.M ER LUCEY PROPERTY AND %VERE .~NY OF THE TREES ON THE PUBLIC RIGHT OF 'WAY, '~E THE PETITIONERS WOULD LIKE AN ANSVFER ¥'L& THE LOCAL PAPERS I.e. TRAVELER WATCHSL~N/SUFFOLK TIMES. THIS PETITION IS GENERATED 'd~"ITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLLL",I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.&RD F. MULLEN III .~ND '*g"[LLIAM H. MULLEN TO PROTEC'F THE VAJ~UES OF PROPERTIES AND ,~,L&INTAIN Tile RUB.-~L C~LS.R.~,CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME .M~DRESS SIGNATURE PHONE ~.~ /// WITNESS: 'O/k2~c~/ ' q'cu?Crt~'/'. PIt# ~]~,._~--~-q,'~(~ DATE//~_~Q7 PAGE# 7 TO SOUTHOLD TOWN boARD WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ri, YE ASK THE BOARD TO RF~JECI' THE A~PLICATION OF RICHA. R_D F. MULLEN III .aND WILLI.~M H. MULLEN TO DOW'N ZONE COLONIAL CORNERS ('HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-10) (DESIGNATED ON SUFFOLK COUNTY T.&.X M.&P 10~0-IR12.8~-03.00-022.0~1 A~ND 024.001) TO A GENEI~&L BUSINESS ZONE (B) FOR THE PUI~POSE OF EXP.SuNDING THEIR PARKING A.ND STOg-&GE. FOR OBXrIOUS R_EASONS, A CAR DE)~LERSHIP OR .~N'Y COMMERCL&L ENTERPI~ISE StIOULD NOT BE PEI~MITTED TO EXPA~rD INTO H.&MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD~,'ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDL&TE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE, ONCE THE PROPERTY IS DOWNG~&DED AzNYTHING CAN AND bLa, Y H.&PPEN. A COMMERCI.&L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.A~FIC HAZ,.M{DS, HIGH NOISE INFRACXIONS, AND IN~,'ASION OF PRIVACY INTO RESIDENTL~.L AREAS. MULLEN ~IOTORS H_AS A GOOD N.a~.[E AaND ENOUGH VISIBILITY AS THINGS ARE. HO',VEVER, FURTHER COMMERCI?~L EXPA~fSION INTO S.MD SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL fIISTORIC 1640 VILLAGE A.ND OUR RESIDENTI.AL PROPERTIES. WE ASK THE BO.~RD TO RE.IECT THIS APPLICATION. '¢*E WOULD LIKE TO KNOW WHO .AUTHORIZED THE CUTTING OF THE TKEES ON THE FOKMER LUCEY PROPERTY AND '¢,'EI~E A~N~' OF THE TREES ON THE PUBLIC R/GHT OF WAY, WE TIlE PETITIONERS WOULD LIKE AN ANSWER g'IA THE LOCAL PAPERS Le. T IL~.'¢ELER W.~.TCH~L&-N/SUFFOLK TIMES. THIS PETITION IS GENERATED V¢ITH NO gLALICE TOWARD .MULLEN MOTORS INC,, RICH. kRD F. MULLEN III OR ~ILLIAM H. ~.IULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICI~kRD F. MULLEN III .~.N'D V¢ILLIA.M H. MULLEN TO PROTECT THE 'V.&LUES OF PROPERTIES AND M_'klNTAIN THE RUR-&L CH.&g.&CTER OF OUR CO,MMUNITY. PETITION SIGNATURE SHEET # PKINT NAM:E ADDRESS SIGNATURE PHONE ~.,,~ TO SOUTHOLD TOWN L ~ARD LAND {1t-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.004122.001 A, ND 024.001) TO A GENERA~L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OB'*TOUS REASONS, A CAR DEALERSHIP OR ANY COM~%IERCIAL ENTERPBISE SHOULD NOT BE PERP, IITTED TO EXPAND INTO IL~uMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE A~ND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO%%~GRADED ANYTHING CAN AND MAy H.42PEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR-&FFIC }L&Z-&RDS. HIGIt NOISE INFR.&CI'IONS, A/ND INVASION OF PRIVACY INTO RESIDENTL~L AREAS- MULLEN MOTORS H.&S A GOOD NA3,IE A~ND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEIL FURTHER COMMERCL&L EXPANSION INTO SAID SITES IS NOT IN KEEPING %VITIt OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTL&L PROPERTIES. %VE ASK THE BOARD TO REJEC'r THIS XPPLICATION. WE WOULD LIKE TO KNOW %%110 AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY .&ND WERE .~Nmff OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE ,~s/ANSWER VIA THE LOCAL PAPERS Le. TB.&~ZLER WATCHFL~N/SUFFOLK TIMES. THIS PETITION IS GENEIL&TED WITH NO 3LS, LICE TOWARD MULLEN I%IOTORS INC., RIC}L~RD F. MULLEN Ill OR V,1LLI &.",[ H..MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI%~N RIGHT BY LAW TO OPPOSE THE PETITION OF RIC}LARD F. ,MULLEN III AND %%'ILLIA,M H. MULLEN TO PBOTEC'r THE VALUES OF PROPERTIES AND MAINT ~,IN TtIE RUR_&L CHAR.&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ~^r~ t ~.' , ~ · . / ,,. TO SOUTHOLD TOWN 1~ ~ARD TO EXPAND INTO H_AMLET BUSINESS DISTRJCTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IM3-IEDIATE AND SURROUNDING HOMES AND BUS[NESSES~ NOT TO ,MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGB. A. DED A~NYTHING CA~N .&2~D MAy IL~,PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING- IT CREATES TB. AFFIC H.~d~DS, HIGH NOISE INFR.&CTIONS, .4~ND INVASION OF PRIVACY INTO RESIDENTL&L AREAS. MULLEN MOTORS HAS A GOOD N.42~IE .~N'D ENOUGH VISIBILITY AS THINGS AILE. HOWEVEIL FURTHER COMI~,IERCL~,L EXPANSION INTO SAID SITES IS NOT IN KEEPING $~,ITIt OUR BEAUTIFUL HISTORIC 16d0 VILLAGE AND OUR R~SIDENT£&L PROPERTIES. ~,YE ASK THE BOARD TO REJECT THIS .&I~PLICATION. %'E WOULD LIKE TO KNOW V~IO AUTHORIZED THE CUTTING OF THE TREES ON THE FORSIER LUCEY PROPERTY ~N'D ',~ERE .ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANS'¢,'ER V'L& TIlE LOCAL PAPERS Le. TR.&VELER WATCH.~L~N/S UFFOLK TIMES. TIIIS PETITION IS GENERATED V*]TH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F..",IULLEN III OR '~YILLL~'~[ H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH~IRD F. MULLEN Ill AND WILLL4>,I H. MULLEN TO PROTECT TIlE 'V.ALUES OF PROPERTIES AND MAINTAIN THE RUB-&L CHAB.&C~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PPdNT NA~5~ ADDRESS SIGNATURE PHONE /7r ) / ~, , TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOUTHOLD TO'*~qN W'E ASK THE BOARD TO REJECT THE APPLICATION OF RICH.4,1LD F. MULLEN Ill AND ~flLLI.~,! H. MULLEN TO DO',b~'N ZONE COLONIAL CORNERS (HB) AND THE AD.JACENT RESIDENTIAL PARCEL OF LAND eR-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.00-022.001 .~ND 024.CO1) TO A GENER.S,L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPAaNDING THEIR PARKING AND STOI~AGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR A.NY COMMERC/.AL ENTEBPR.ISE SHOULD NOT BE PEIL~,II'I-rED TO EXP.~ND INTO HA.MLET BUSINESS DISTRICTS OR RESIDENTIAL AILEAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGB.~DED ANYTHING CAN AND 5LhY IL;tPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES T~.S~FFIC HAZ_~RDS, HIGH NOISE INFIL~tCTIONS, AND INVASION OF PRIVACY INTO RESIDENTLS. L AREAS. MULLEN MOTORS HAS A GOOD NAME .kND ENOUGH VISIBILITY AS THINGS ARE- HO%~EVEIL FURTIIER COMMERCL4L EXP.~NSION INTO SAID SITES IS NOT IN KEEPING V,1TH OUR BEAUTIFUL HISTOBIC 1640 ~,TLLAGE AND OUR RESIDENTL~L PROPERTIES. ~,~,~ ASK THE BOARD TO RFJECT THIS APPLICATION. V,'E WOULD LIKE TO ICNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE POB_MER LUCEY PROPERTY .AND '?*'ERE .~N¥ OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN A,NSWER '*~Lh TIlE LOCAL PAPERS ke. TB_4VELER ~,VAT C H),I.~N/S U FFOL K TI~,IES. THIS PETITION IS GENEI~4.TED WITH NO NLkLICE TOWARD MULLEN MOTORS INC., RICH_~qD F. MULLEN III OR W'ILLL&M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI?,'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.~RD F. MULLEN Ill .~ND %7LLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND M_~INTAJN THE RUBAL CHAR-~,CTER OF OUR COMMUNITY- PETITION SIGNATURE SHEET # PRINT N:M',IE ADDRESS SIGNATURE PHONE ~Z~ ~ " ' ~ r~ WITNESS: TO SOUTHOLD TOWN I~ ARD III AND $V1LLIA~I H. MULLEN TO DOV~ ZONE COLONIAL CORNERS (HB) AND THE AIXIACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TA2( MAP 1000-04~2.00-03.00-022.001 AND 024.0~1) TO A GENEB. a.L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE~ FOR OB¥1OUS REASONS, A CAR DEALERSHIP OR AaN'Y COI~IMERCL~,L ENTERPRISE SHOULD NOT BE PERMITTED TO EXP.Z~ND INTO HAi~iLET BUSINESS DISTRIC'PS OR RESIDENTIAL A~.EAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE A~D SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR.&DED ANYTHING CAN .&~ND SlAY I~PEN. A COMMERCL~,L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TIL~FIC H_&~_~q~)S, HIGH NOISE INFBb, CTIONS, AND INVASION OF PRIVACY INTO RESIDEN~rLA.L AREAS. MULLEN MOTORS H.&S A GOOD NAME AND ENOUGfl ~,'ISIBILITY AS THINGS .~RE. tIOV*~E$'EI~ FURTHER COMMERCIAL EXPANSION INTO SAiD SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTOI~C 1640 ¥ILLAGE AND OUR RESIDENTIAL PROPERTIES. '~'E ASK THE BOARD TO REJECT THIS APPLICATION. ~?fE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR>dER LUCEY PROPERTY AND V*~RE .~NY OF THE TREES ON THE PUBLIC RIGHT OF WAY. V*'E THE PETITIONERS WOULD LIKE AN ANSWER ~,~IA THE LOCAL PAPERS I.e. TR_A~,~L ER WATCHM.kN/SUFFOLK TIMES. THIS PETITION IS GENER.~TED '¢flTH NO ~LALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR V¢ILLL&.*,[ II. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR G[¥EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND %VILLI.~,I II. MULLEN TO PROTECT THE YALUES OF PROPERTIES AND ~IAINTAIN TIlE RUI~.kL CHA~.~.CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE -, "' '- ' ' WITNESS: //,~-~,_ ~-~-.~.~..~ PH# --'~/. ,--q--t/.~[.,DATE /I/9,,Z?7PAGE# ?o~ ,:5:/ ~ ;,. ...... ,_ // TO SOUTHOLD TOWN B,_.~,RD AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE ANI) SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOVfNGRADED ANYTHING C.s~N .~ND NLAy }Ls, PPEN A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TIL~FFIC IL~ARDS, HIGH NOISE INFR.AC'FIONS, AND I~'ASION OF PRIVACY INTO RESIDENTIAL A~EAS. MULLEN MOTORS H_kS A GOOD NAME ENOUGH '~'ISIlt[LITY AS THINGS ARE_ HOWE~,'E~ FURTHER COMMERCL~L EXP.S&/SION INTO SAID SITES IS NOT KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 ¥ILLAGE A~ND OUR ILESIDENTLkL PROPERTIES. ~E ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO lO;OW ~,*,~-I O AUTHORIZED THE CUTTING OF THE TREES ON THE FO IL~,IE R LUCEY PROPERTY AND ~ZRE AN~' OF THE TREES ON THE PUBLIC IL[GHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANS~q~R ~,IA TtI~; LOCAL PAPERS I.e. TB.A~,~LER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENER.~,TED ~ITH NO 5LkLICE TOWARD ,XlULLEN I~IOTORS INC.. RICIfA~D F. MULLEN III OR %%'ILLIA,%[ H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~q~N RIGHT BY LAW TO OPPOSE THE PETITION OF I~ICH. S~RD F. MULLEN III AND ~'ILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ,~LAINTAIN THE RUIL~,L CIL&ILs, CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET WITNESS: TO SOUTHOLD TOWN L ARD PETITION ~VE THE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TO'~%~[ WE ASK THE BOARD TO REJ'ECT TIIE APPLICATION OF RICIL&RD F. MULLEN Ill .~ND V~ILLIA~%! H. MULLEN TO DOWN ZONE COLONIAL CORNERS ('liB) ,~ND THE ADJACENT RESIDE~WTIAL PARCEL OF LAND ('R-~O) (DESIGNATED ON SUFFOLK COUNTY T~.X ,MAP 1(~0-0~2.00-03.0~)-022.001 A~ND 0lq,O01) TO A GENERAl, BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE- FOR OBVIOUS REASONS, A CAll DEALERSHIP OR ANY COMMERCL&L ENTERPK[SE SHOULD NOT BE PER3IITTED TO EXPA2qD INTO IL~MLET BUSINESS DISTRICTS OR RESIDENTL&L AREAS. IT WOULD ADVERSELY AFFECT TtIE INTEGRITY AND VALUE OF IMMED[ATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF L[FE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~,'NGRADED .MNYTHING CAN .~D ,~L~Y ILAPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.&FFIC ~LAZARDS, HIGll NOISE INFB. ACrlONS, AND IN%'ASION OF PRIVACY INTO RESIDENTLkL AREAS. MULLEN MOTORS ~L&S A GOOD NA~ME AND ENOUGH V~SIBILITY AS THINGS ARE- HOSVEg~EI~ FURTHER COMMERCLAL EXPANSION INTO SAID SITES IS NOT IN KEEPING 'WITH OUR BEAUTIFUL HISTORIC I~0 VILLAGE ,MND OUR RESIDENTL~L PROPERTIES. V*'E ASK TIlE BOARD TO REJECT THIS .~PPLICATION. VCE WOULD LIKE TO KNOW V~IO AUTHORIZED THE CUTTING OF THE TREES ON TIlE FOI~',[ER LUCEY PROPERTY AND V*'ERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. AVE THE PETITIONERS WOULD LIKE AN ANS~ER grLA TtIE LOCAL PAPERS Le. TILctVELER WATCHMA~NISUFFOLK TIMES, THIS PETITION IS GENERATED ~A"ITH NO ,XLkLICE TOWARD MULLEN MOTORS INC., [LICILAR~D F, MULLEN III OR ~$ILLLAM H, MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LA'~V TO OPPOSE THE PETITION OF RICILARD F. MULLEN III .LND SVILLL~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND M:~INTAIN TIIE RL'R. AL C~L&IL&CTER OF OUR COM,~IUNITY. PETITION SIGNATURE SHEET # PiLINT NAME ADDRESS SIGNATURE PHONE =.~= d nil' WITNESS: PH# 7~'~-- 5-'-/2J., DATE {/~-PAGE# ILL / , TO SOUTHOLD TOWN B,-,ARD ViE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO%¥N %VE ASK TIlE BOARD TO REJECT THE .~PPLICATION OF I~{CtL~RD F. MULLEN III A~ND WILLIAAI H. ~,IULLEN TO DO%M'N ZONE COLONIAL CORNERS (HB) AND THE AIXIACENT RESIDENTIAL PARCEL OF LAND ~-40~ (DESIGNATED ON SUFFOLK COUNTY TA.X ~,IAP 1000-0~2.0~0&0~22.001 A,ND 024.0~1) TO A GENEI~.L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND ~I'ORAGE. FOR OBVIOUS ILEASONS, A CAR DE.~LERSHIP OR ANY COMMERCIAL ENTERPI~ISE SHOULD NOT BE PER.'~[ITTED TO EXPA~ND INTO H.~.MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR.-~DED ANYTHING CAN .~ND ~L~,Y H.~PPEN. A COMMERCL~,L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CI~EATES TI~XFFIC I~L~,Z.kRDS, HIGH NOISE INFR-ACTIONS, A.ND IN'VASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTOR~ HAS A GOOD NA3IE AND ENOUGH %TSIBILITY AS THINGS ARE. HO%YEV'EI~ FURTHER COMMERCIAL EXP.~NSION INTO SAID SITES IS NOT IN KEEPING %VITH OUR BEAUTIFUL HISTO[HC 1~-I0 %'ILLAGE AND OUR RESIDENTL~L PROPERTIES. '*VE ASK TIIE BOARD TO REJECT THIS APPLICATION. '*VE WOULD LIKE TO KNOW %$~10 AUTHORIZED THE CUTI'ING OF THE TREES ON THE FO~.MER LUCE~L PROPERTY AND '¢,]~RE .~'~,' OF THE TI~EES ON THE PUBLIC RIGHT OF WAY. ~,'E THE PETITIONERS WOULD LIKE .~N ANS%~ER ','LA TIlE LOCAL PAPERS Le. TRAVELER WATCHM.~N/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO ,MALICE TOWARD MULLEN MOTORS INC., RICI-L~R.D F. MULLEN Ill OR %%ILLL~.M ti. MULLEN THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICILARD F. MULLEN III AND WILLL~,I H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIlE RURAL CI-L~,RA. CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO 5OUTHG..,D TOWN BOAt~. _ I~'E TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ",~,~ ASI~ TIIE BOARD TO RE./EC'Y TIIE APPLICATION OF RICtl ~d~D F, .",IULLEN Ill AND WILLIAM II. MULLEN TO DOWN ZONE COLONIAL CORNERS 0~lB) .S~ND TIfE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40~ (DESIGNATED ON SUFFOLK COUNTY T.~X MAP 1000-062.00-03.00-022.001 A_ND 024.001) TO A GE,NE~.S.L BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPA~NI)ING THEIR P),RKING .S~ND STOI~XGE. FOR OBVIOUS REASONS, A C~kR DEA~LERSHIP OR ANY COM,MERCL~.L ENTERPRISE SHOULD NOT BE PER311TTED TO EXPOUND INTO I/AI',ILET BUSINESS DISTRIC'~S OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFPEC'F TtIE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE .*.ND SAFETY DUE TO INCRE ~,SED USAGE. ONCE THE pROPERTY IS DOWNGRADED ANYTtfING CAN :LND .',L~Y H.~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC IL*.Z. Ai~DS, tlIGtI NOISE INFILS, CTIONS, .CND INVASION OF PRIVACW INTO RESIDENTIAL AREAS. MULLEN 3IOTORS ILkS A GOOD N.~X, IE AND E.NOUGH $ISIBILITY AS THINGS ARE. HOWE',~ER, FURTtIER COMMERCIAL EXP.kN'SION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL tIISTORIC 16,40 n, ILLAGE .S~ND OUR RESIDEN'I'IAL PROPERTIES. WE ASI~ THE IIOARD TO RE./EC~ TItIS APPLICATION. *,',~; WOULD LIKE TO ICNOW %'tiO AUTHORIZED TIIE CUTTING OF Tile TREES ON TfIE FOR3 [ER LUCEY PROPERTY AND %~ERE A.N~ OF THE TREES ON 'PILE PUBLIC RIGtIT OF WAY, ".','E TIIE PETITIONERS WOULD LIKE AN A, NS~,~R VI.*. THE LOCAL PAPERS i.e. TR-k'~ELER ~VATCtI~L~N/SUFFOLK 'lIMES. THIS PETITION IS GENER.~,TED V¢ITH NO 3L~,LICE TOWARD ?,[ULLEN MOTORS INC., RICHARD F. MULLEN Ill OR '~$]LLLt?q lt. MULLEN- TttIS PETITION IS ONLV IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICILt. RD F. MULLEN III S, ND ",VILLI).-'~I ti. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND ?',LkINT MN TtIE RUR_~,L CIIAg. S. CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO $(_ UTI[OLD TOW:~ boARD '0,~E TtIE UNDERSIGNED, AS KESIDENTS OF SOUTHOLD TO~A~'N WE ASK TIlE BOARD TO KE./EC'F THE APPLICATION OF RICtIARD F. ~IULLEN Ill AND WILLIAP,! H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HBI ILND TIlE AD.IACENT RESIDENTIAL PARCEL OF LAND (R 4~) (DESIGNATED ON SUFFOLK COUN I-Y TA-X MAP 100~-062.0~-03.00 022.0~)I AND 024.0~ll) TO A GENEtL~,L BUSINESS ZONE lB) FOR THE PURPOSE OF EXPA~NDING TIIEIR PARKING AND STOIRAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANI' COMMERCL4~L ENTERPRISE StlOIILD NOT BE PER~MITTED '1'O EXPAND INTO ILa-MLET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD AD¥~ERSELY AFFE(TP TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIVE ANI) S~,FET't DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOW~NGR.M)ED A,N'~'THING C.~N .~ND ,",Ls.Y HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TtIIS SETTING. IT CREATES TRAFFIC tlAZARDS, tIIGtl NOISE INFI~.s, CTIONS, .~%'D INVASION OF PRIVAC'~' INTO RESIDENTEa. L AREAS. MULLEN MOTORS HAS A GOOD NA_'~[E AND ENOUGll '~qSIBILITY AS THINGS ARE. tIOWEVEI~ FURTtlER COM~,IERCL3tL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 ~,~LLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIIE BOARD TO REJECT TIIIS APPLICATION. WE WOULD LIKE TO KNOW ~*VHO AUTHORIZED THE CUTTING OF THE TREES ON TIlE FOR-MER LUCEY PROPERTY AND WERE AN~' OF TIIE TREES ON THE PUBLIC RIGIIT OF WAY. '~*,~ TIIE PETITIONERS WOI.iLD LIKE AN .S.N$'~ER ~.3A TIlE LOCAL PAPERS I.e. TI~k'*'ELER WATCIIMA-N/SUFFOLK TIMES. THIS PETITION IS GENER.4.TED WITH NO MALICE TO~',ARD ?,IULLEN MOTORS INC,, R[CtI.LRD F. MULLEN III OR WILLLk3[ H. ,%[ULLEN. TtIIS PETITION IS ONE's' 1N RESPONSE TO OUR GI'*~N RIGIIT BY LA'~~-' TO OPPOSE TlIE PETITION OF RICIIARD F./~IULLEN III AND WILLL4..M II. ~IULLEN TO PROTECT THE VALUES OF PROPERTIES '~ND MAINTAIN TtIE RUraL PETITION SIGNATURE SHEET # PR/NT N~\~ ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOU'YHOLD TOW;~N WE ASK TIlE BOARD TO RE.IECT THE APPLICATION OF RJCH-ARD F. MULLEN 11I AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS ~IB) .~D THE ADJACENT RESIDENTIAL PARCEL OF LAND ~-40) ~ESIGNATED ON SUFFOLK COUNTY T~X M.~ 1~-~2.~-03.~-022.~1 .MND 024.~1) TO A GENERAL BUSINESS ~NE (B) FOR THE PU~OSE OF EXPANDING THEIR PARKING ~D STO~&G~ FOR OBg~OUS R~gSONS, A C.~ D~E~HIP OR ~' COMMERC~L ENTERP~SE SHOULD NOT BE PERMITTED TO ~KP.~D INTO ~MLET B~SINESS DISTRI~S OR RESIDENT~ AR~&S. ~ WOULD AD~RSELY AFFE~ THE INTEGRITY .~ND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~gVNG~ED .~NYTHING CAN .~ND 5L&Y ~PEN. A COMMERCL~ BUSINESS ~ES NOT BELONG IN THIS SETTING. IT C~ATES T~FIC ~4~S, HIGH NOISE INF~&~IONS, ~ND INVASION OF PR~"A~ INTO RESIDENTL~L AREAS. MULLEN MOTORS ~gS A ENOUGH gqSIBILITY AS TtIINGS ~ HOXg~ FURTHER COMMERC~ EXPANSION IN~O SAID SITES IS NOT IN ~EPING ~]TII OUR BEAUTIFUL HISTORIC 1~0 %qLLAGE .~D OUR ~SIDENTI~ PgOPERTIES. g~ ASK THE BOARD TO R~E~ THIS ~PLICATION. ~$~ gVOULD LI~ TO KNOW ~O AUTHORIZED THE CUTTING OF THE T~ES ON THE FO~MER LUCEY PROPERTY AND X$~ A~ OF THE T~ES ON TIlE PUBLIC ~GIIT OF WAY. %~ THE PETITIONERS WOULD LIKE ~N ANS~ZR ~%~ TIlE L~AL PAPERS I.e. T~tg~LER ~ATCtlNL~/SUFFOLK TIMES. THIS PETITION IS GENE~XTED ~g~TH NO MALICE TOWARD MULLEN MOTORS INC-, RIC~-kRD F. MULLEN Ill OR ~LLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR G~N RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD f. MULLEN III AND $$XLLLMXl H. ML'LLEN TO PROTE~ THE V.~UES OF PROPERTIES AND NLXINTAIN THE RU~ CIIA~A~ER OF OUR COMML~NITY. PETITION SIGNATURE SHEET # PRINT N_,L~ ~ ADDRESS SIGNATURE PHONE ,/ / . , / ....... , TO SOUTHOLD TOWN boARD ~,%~ THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW'N ','*~ ASK THE BOARD TO REJECT THE APPLICATION OF RICIL. kRD F. MULLEN Ill AND WILLL~%I H. MULLEN TO DO'*'~qN ZONE COLONIAL CORNERS (HB) A~D THE ADJACENT RESIDENTIAL PARCEL OF LAND 01-40) (DESIGNATED ON SUIrFOLK COUNTY T.LX ~L~P 1000-061.00-03.6~)-022.001 AND 014.04}1) TO A GENER. s.L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING .aND STOI~AGE. FOR OB~.IOUS REASONS, A CA.R DEAJ-ERSHIP OR .MN~Y COMI~IERCLS-L ENTERPRISE SHOULD NOT BE PER>,HTTED TO EXPAND INTO H.~,ILET BUSINESS DISTRICTS O11 RESIDENTIAL AREAS. IT WOULD ADY'ERSELY AFFECT THE INTEGRITY AND 'VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE, ONCE THE PROPERTY IS DOWNGRADED .~NYTHING C.4~N AaND ~[AY HARPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TtIIS SETTING. IT CREATES TRAFFIC H_4ZARDS, tIIGH NOISE INFB.S-CTIONS, ~ND IN~.'ASION OF PRIVACY INTO RESIDENTIAL ARIe4,S. MULLEN MOTORS H_-kS A GOOD NA~,IE .4~ND ENOUGH VISIBILITY AS THINGS ARE. HOVCEVEIL FURTItER COMMERCLkL EXP.~NSION INTO SAID SITES IS NOT IN KEEPING '~'*~ITH OUR BEAUTIFUL HISTORIC 1640 'v'ILLAGE AJqD OUR ItESIDENTIAL PROPERTIES. %'E ASK THE ItO.kRD TO RE,IEC'r THIS .APPLICATION. V,~ WOULD LIKE TO ICNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY .~ND ~,~,ERE A-N~t' OF TtlE TREES ON THE PUBLIC RIGHT OF WAY, '*'*'E THE PETITIONERS WOULD LIKE A-N' ANSWER YXA THE LOCAL PAPERS ke. TB.S-VELER WATCH~L~N/SUFFOLK TIMES, TtIIS PETITION' IS GENERATED VqlTH NO ~LLLICE TOWARD MULLEN MOTOBS INC., RICHARD F. MULLEN III OR '*VILLIAM H, MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GFYEN RIGHT IIY LAX'*' TO OPPOSE THE PETITION OF RICH_S-RD F. MULLEN III AND WILLIA.'~[ H, MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ?,L'*INTAIN TIIE RUILkL C~LA.B.S-CTER OF OUR COMMUNITY, PETITION SIGNATURE SHEET # PPSNT NAME ADDRESS SIGNATURE PHON~E -- ,,-- %:: zPe /117 9 TO SOUTHOLD TOWN BOARD III AND WILLIAM H. /MULLEN TO DOWW ZONE COLONIAL CORNERS {'FIB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R--10) (DESIGNATED ON SUFFOLI( COUNTY T,~-X ~L&.P 100~0~2.04)-03.00-022.C4)1 A~ND 024 04)1) TO A GENEB.~L BUSINE$~ ZONE (B) FO R TIlE PUI~POSE OF EXPANDING THEIR pARKING .~ND STO~&GE. FOR OB'~OUS REASONS. A CAR DEAI, ERSHIP OR ANY COMMERCIAL ENTEI~PI~SE SHOULD NOT BE PER,MITTED TO EXPA_ND INTO I~s.~',ILET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD ADxrERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE ONCE THE PROPERTY IS DOW~NGR-M)ED A2~'YTH ING CA~N AND ~L4, y H.-%ppEN. A COMMERC'L~, BUSINESS DOES NOT BELONG IN THIS SETTING. IT CI~-.ATES TI~FFIC HA~.ARDS, HIGH NOISE INF~&CTIONS, A~ND I,'~/ASION OF PRIVACY INTO RESIDENTLAL AREAS. MULLEN MOTORS HAS A GOOD NA.ME AND ENOUGH V'ISIBILITY AS THINGS ~ HOWE'~EI~ FURTtIER CO,',IMERCL~L EXPANSION INTO S.3JD SITES IS NOT IN KEEPING `,'~qT H OUR BEAUTIFUL HISTORIC 1640 '~'ILLAGE .M~D OUR RESI D EN'r IA.L PROPERTIES. `,~,'E ASK TIIE BOARD TO REJECT THIS .&PPLICATION. `,VE WOULD LIK~ TO KNOW `,~TIO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY A_ND WERE A,N'Y OF THE TREES ON THE PUBLIC RIGHT OF ','*'AY. 'WE THE PETITIONERS WOULD LIKE .~,\' .~NS'&~ER $'I.& TIlE LOCAL p.M~ ERS Le. TB.&VELER ~,VAT CH.MA~N/S UFFO LK TIMES. THIS PETITION IS GENEE-&TED WITH NO ~LA.LICE TOWARD .MULLEN MOTORS INC., RICH2~R.D F. MULLEN Ill OR ~',~LLIA-x,[ H. MULLEN. THIS PETITION IS ONLY IN I~ESPONSE TO OUR GFV~N RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.~.RD F. MULLEN III .~N'D ','*]LLL~>,I H. MULLEN TO PROTECT THE V_s, LUES OF PROPERTIES AND ,',LkINTAIN THE RURAL CtIAR-&C~f ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NA/x,~ ADDRESS SIGNATURE PHONE TO SOUTItOLD TOWN B~..~,RD WE TIIE UNDERSIGNED, AS ItESIDENTS OF SOUTHOLD TO'~VN WE ~K THE BOAltD TO R. EJECT THE APPLICATION OF RICH2OtD F. b, IULLEN III AND WILLIAM Il. MULLEN TO DOWN ZONE COLONIAL COItNER5 ~IB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t-40) (DESIGNATED ON SUFFOLK COUNTY TAX ~SIA.P 10~0-062.00-03.00-022.0~1 A~ND 024.001) TO A GENEB. AL BUSINESS ZONE (B) FOR THE PURPOSE OF EXP.&NDING THEIR PARKiNG AND STOR-&GE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR .aoNY COMMERC/&L ENTERPRISE SHOULD NOT BE PER~IITTED TO EXPAND INTO IL~MLET BUSINESS DISTRICTS OR RESIDENTIAL ARE,kS. IT WOULD AD',~RSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSESa NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~GR-Z,J)ED ANYTHING CAi~ AND ~L~Y I-L~PPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TPOdrFIC H_&Zb. RDS, HIGH NOISE INFR.ACTIONS, AND ],NWASION OF PRIVACY INTO RESIDENTIAL AI~EAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH $ISIBILITY AS THINGS 3At.E. HO~'E'~ER, FURTHER COM.MERCL~L EXP.~NSION INTO SAID SITES IS NOT IN KEEPING ~TH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTL~L PROPERTIES. ~'E ASK TIIE BOAR-D TO REJECT Tills APPLICATION. '*~'E WOULD LILLE TO K~NOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR-MER LUCEY PROPERTY AND WEILE AN~' OF THE TRXES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE .&_N' AN'S~ER ~ THE LOCAL P.~P E RS I.e. TB-A~'EL E R WATCHMAN/SUFFOLK TIMES. Tills PETITION' IS GENEI~.~TED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICH_~RD F. MULLEN III OR WILLL~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICtL~RD F- MULLEN III .4,ND WILLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND ~L~*INTAIN THE R/'R. kL CItA~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRiNT N.4-M:E ADDRESS SIGNATURE PHONE , ~ ~J ' o . , II WITNESS: "~"~.¢.~.~ .~,,~:~.,~) / TO SOUTFIOLD TOWN BOARD LAND eR-40) (DESIGNATED ON SUFFOLK COUNTY T.AN M.~P 100~-062.0~)-03.004)22.001 AND 024.001) TO A GENER.~L BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXP.S"NDING THEIR pARKING A~ND STORAGE. FOR OBV'IOUS REASONS, A C=~R DEALERSHIP OR .S"NY COM?,IERCLS, L EN'FERPRISE SHOULD NOT BE PER~',IITTED TO EXPAND INTO H_&MLET BUSINESS DISTKICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFEC'r THE IN'rEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO'¢~GILS-DED ANYTHING C.Sd'{ AND 51AY HAPPEN. A COMMERCLkL BUSINESS DOES NOT BELONG IN TtIIS SETTING. 1T CREATES TR.-'tFFIC I~4.ZAi~DS, HIGH NOISE INFR.&C'FIOtNS, AND I,"O/ASION OF pRFVACY INTO RESIDENTLA-L AREAS. I~IULLEN MOTOI~S H.&S .A GOOD NA31E ENOUGH VISIBILITY AS THINGS ARE. HO',}~'/EIL FURTHER CO,M?.IERCIAi, EXPANSION INT'O S.MD SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILI. AGE A~N'D OUR RESIDENTLAL PROPERTIES. '*VE ASK THE BO.A~RD TO REJECT THIS APPLICATION. '*'*~ '*'*'OULD LIK~ TO KNOW ',~,'HO AU~FHOKIZED THE CUTTING OF THE TR. EES ON THE FOR.MER LUCEY PROPERTY A_ND VCERE .S"NY OF TtlE TREES ON THE PUBLIC RIGIIT OF WAY. ~,'~ THE PETITIONERS WOULD LII~E .MN A~N-SWER '*'IA TIlE LOCAL PAPERS I.e. TR-&'~ELER WATCHM.S"N~SUFFOLK TIMES. THIS PETITION IS GENEKS. TED '*~,ITH NO .MALICE TO'WARD ?,IULLEN MOTORS INC.. RICH~M:~D F. MULLE,N III OR WILLL~.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GF',~N RIGHT BY LA','*' TO OPPOSE THE PETITION OF RICFL~LRD F. MULLEN III A~N'D '*~,TLLLk.%I H. MULLEN TO PROTEC'F THE VALUES OF PROPERTIES AND N£3,INTAIN THE RUR-~L CHAR-~.CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BL,~RD ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING ,-MND STORAGE. FOR OB'~OUS REASONS, A CAR DE`~LERSHIP OR ANY COMhlERCIAL E,'~FERPRISE SHOULD NOT BE PER~MITTED TO EXPAN'D INTO I~&,MLET BUSINESS DISTRIC'FS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO%~GRADED ANYTRLNG CA.N .4~ND hLAY H. APPEN. A COMh[ERCL&L BUSINESS DOES NOT BELONG IN THIS SETTLN'G. IT CREATES TR.MeFIC IIAZ.&RDS, HIGH NOISE INFR.&CTIONS, A~ND INWASION OF PRIVACY INTO I~ESIDENTL~L AREAS_ I~,IULLEN MOTORS ~L&S A GOOD N.~ME AND ENOUGH YISIBILITY AS THINGS >.RE` HO','*~','EI~ FURTHER CO,MMERCI. AL EXP.~NSION INTO SAID SITES IS NOT 1N KEEPING ~&'ITH OUR BEAU~'IFUL HISTORIC 1640 VILLAGE .MND OUR RESIDENTL~L PROPERTIES. '&'E ASK THE BO.MID TO RFAECT THIS .&PPLICATION. ~.'*'E 'WOULD LII,.~ TO KNOW ',~,~IO AUTHORIZED THE CUTTING OF THE TI~EES ON THE FOI~MER LUCEY PROPERTY A_",'D '*VERE .~',~' OF THE TREES ON THE PUBLIC RIGHT OF '.'*'AY. '*'*E THE PETITIONERS WOULD LILLE .iN' .~NS'*~R '~_~, TIlE LOCAL PAPERS £e. TR-s,'v~LER WATCH?~LA~N/SUFFOLK TIMES. THIS PE~'ITION IS GENERATED '~'*'ITH NO M.AI. ICE TO'*'~LStRD MULLEN MOTORS INC., RICI-L~RD F. MULLEN III OR '*'*'ILLL~>,I H. MULLEN. THIS PETITION IS ONLY IN RIESPONSE TO OUR GP,~N RIGHT BY LAW TO OPPOSE THE PETITION OF RICFL~RD F. MULLEN III .~','D '*'*'ILLI.~,M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ?,£&L','TAIN THE RUR-S,L CIIARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NA>,I:E ADDg. ESS SIGNATURE PHONE ~^r~ ~ :~.~/ Z// ~X~., m~ ~ ~.i.,_ Ct.O, I1.~/< , ui,~ ~ ' ~ , · · , ' PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPP~EL PROTECT LOC~J~ BUSINESSES SAFEGUARD PROPERTY V/~LUES W~EREAS, we are proud to be residents of Southold Town, a town rich in hi~tory, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and cha~-ming hamlet centers which provide us with one of th~ highest qualities of life in America; W~EREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; W~EREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WIIEREAS, William and Richard Mull~n have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; W~EREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; W~EREAS, this zone change would destro2 the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TO~q~ BOARD VOTE NO TO THIS C~L%NGE OF ZONE: N/~ME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCI~L BUSINESSES SAFEGUARD PROPERTY V~uLUES WI{EREA$, we are proud to be residents of Southold Town, a town rich in history;, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WI{EREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots~ and neon lights; development which has ruined the quality of life, replaced Mom and P,~p businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erec~ another parking lot, and chop down old trees and vegetation which would mean more sLlburban sprawl; WI4EREAS~ the Corporation requests a ch~mge of zone for Colonial Corners to the General Business zone which would allow it tc~ be leveled for a parking lot, developed a:~ a fast food restaurant strip, and allow ugly gas stations, car washe:';, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; TNEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: NAME ADDRESS PHONE SIGNATURE ,: ,'- I-' ~,, .>,_.~-~, _ ? ' ,' ' ~,4.<-.~ 2~ - .'~,<~--~ ~ .~ . ~',~ .... - , ' ~. -. - .......................... z ....... ~ ............. ~ ....................... J-~2.._~ ..... ~- ,'-' ': ' ,. ..... .., , ' ffl~f~J,~ ,, ,-- ,~ -= ,' ;--Fff% ...... (?-:-'~ ........ ~-~ ......... ~= ~--~'-= --~ ...... ,f t: .... .......... _'_ .................. 2 Y.~ .................... ~'--r ............. PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPP~AWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in ~nerica; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen [,iotors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscapLng; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich iii history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mulled have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation whJch would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, recuest that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PR]NT NAME ADDRESS SIGNATURE PHONE 2 ' PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPI~AWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we ars proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WI~EREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked lances, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WI{EREAS, the Corporation requests a change of zone for Colonial Corners to the Genera] Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE., we the undersigned, business persons and res[dents of Southold, recuest that THE TOWN BOARD VOTE NO TO TMIS CHANGE OF ZONE: # PRINT N,~',[E ADDRESS SIGNATURE PHONE ,*~- TO SOUTItOLD TOWN B .RD ~ PETITION ~%~ TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO%~q~ %~ ASK THE BOAIID TO ItF~YECT TIlE XPPLICATION OF RICH. AILD F. MULLEN III AND W'ILLIA~%I H. MULLEN TO DOW~ ZONE COLONIAL CORNEHS (}lB) AND THE ADJACENT RESIDEN'TIAL PARCEL OF LAND 0t-40) (DESIGNATED ON SUFFOLI( COUNTY TAX blAP 1000-I~2.00-03.~-022,001 .4~ND 024.001) TO A GENEI~L BUSINESS ZONE lB) FOR THE pURPOSE OF EXP~NDING THEIR pddtKl NG A~ND STO II. AGE. FOR OB%qOUS REASONS, A CAR DEALERSHIP OR ~N'Y COMMERCLAL EN'YERPILISE SHOULD NOT BE PERMITTED TO EXPA~ND INTO HAMLET BUSINESS DI~rRICTS OR RESIDENTIAL AREAS, IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CA~N .~ND ,~LkY H_kPPEN. A COMMERCI,kL BUSINESS DOES NOT BELONG IN Tills SETTING_ IT CREATES TRAFFIC IL&ZXR. DS, HIGH NOISE INFB.AC~IONS, ,MN'D INrVASION OF PILIVACY INTO RESIDENTL&L AREAS, MULLEN MOTORS HAS A GOOD NA3, IE ,LN'D ENOUGH %'ISIBILITY AS THINGS ~ HOWEVI~B, FURTHER CO.MMERCLkL F~XPANSION INTO SAJD SITES IS NOT LN' KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTL&L PROPERTIES. WE ASK THE BOAiq. D TO RE.IECT THIS .~P P LICATION. ',sq~ WOULD LIKE TO KNOW 'WHO ALT'fHOBJZED THE CU'~flNG OF THE TILEES ON TtIE FOlk'dER LUCEY PROPERTY AND WERE .A.N%' OF TIlE TREES ON THE PUBLIC RIGHT OF WAY. W'E THE PETITIONERS WOULD LIKE .MN .~N'SWER %q_% TIIE LOCAL PAPERS La, TB-&VELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENER.kTED %;ITH NO NLALICE TOWARD MULLEN ,MOTORS INC., RICI-I_A&~D F. MULLEN' III OR V*]LLLA.%[ H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GFV'EN RIGHT BY LAW TO OPPOSE THE PETITION' OF RICHARD F. MULLEN III ,&ND ',VILLL&,M H. MULLEN TO PROTECT TtIE VALUES OF PROPERTIES AND M.klNTAIN TtIE RUraL CtIAIt-&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRhNT NAMF ADDRESS SIGNATURE PHONE ', d..T. · q '}'7 TO SOUTItOLD TOWN B~ARD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOAit-D TO R.E.I'EC'E THE APPLICATION OF RIC}L~RD F. -~,[ULLEN III AND ¥,~ILLI.&~\I H. blULLEN TO DO~VN ZOtYE COLONIAL CORNERS (}lB) .&ND THE ADJACENT RESIDENTIAL PS. BCEL OF LAND (1t-40) (DESIGNATED ON SUFFOLK COUNTY TAX iM.~P 10oo-0~2.0~-03.00-022.001 ,~ND 024.001) TO A GENEI~L BUSLNESS ZONE (B) FOR THE PURPOSE OF EXPA~NDING THEIR pAitKiNG A~ND STOR.S-GE. FOR OB~,IOCS RE.s. SONS, A C,~dl DEAi. ERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER2,1ITTED TO EXPA_ND INTO FL-~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFEC'E THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION 9UALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~,~, ,~NGR.~DED A~¥YTHING C),aN AND ~L&Y H.M~PEN. A COMNIERCIAi. BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.S~FFIC }L~Z.&RBS, HIGH NOISE INFI~.S-c'rIONS, AND INN'ASION OF PRIVACY INTO RESIDENTL~L AI~EAS. MULLEN MOTORS I-I.S-S A GOOD N,~_x, IE A~ND ENOUGH '*ISIBILITY AS TILINGS .~ HOWEVER, FURTHER COMMERCL~L EXPANSION INTO SAID SITES IS NOT IN' KEEPING %ITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTL&L PROPERTIES. %'E ASK THE BOARD TO REJE~r THIS APPLICATION. · ,VE WOULD LI~ TO KNOW VCHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND '~'EI~E A~N~' OF TIIE TREES ON THE PUBLIC RIGHT OF WAY. ~ THE PETITIO?/ERS WOULD LIKE .aN A.N'S~ZR VIA, TIIE LOCAL PAPERS I.e. TII.S-VELER WATCH~L&.N/SUFFOLK TIMES. THIS PETITION IS GENEI~ATED %FTH NO ~LkLICE TOWARD MULLEN MOTORS INC., RICH&RD F. MULLEN III OR WILL/~-\I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH-X-RD F. MULLEN III A~D ~,',ILLL~?,I H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND bL~INTAIN TtIE RUI~&L CHAR.&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TO$$~.. BOARD PETITION TIlE UNDERSIGNED. AS RESIDENTS OF SOUTIIOLD TOWN WE ASK THE BOARD TO I~.}'ECT TIlE A,: PLICATION OF RICHARD F. ,*,IULI,EN ZO'~ l.; (BI 1, OI4 TIlE PURPOSE OF EXPANDING TIIEIR PARKIAG AND STOI~sGE. FOR OB¥IOUS REASONS, A CAR DEALERSIIIP OR A,.'~' COMMERCIAL ENTERPRISE SHOULD NOT BE PER,"dlTTED IO EXPAND INTO IIAMLET BUSINESS DIS'f141C-FS OR RESIDENTLkL AgF.~,S. IT WOULD ADVEIISEL'V AFFECT TIlE INTEGP, IT'¢ AND VAI,UE OF IMMEDIATE AND SI'RF~OI'NDING IIOME~ &ND BUSINESSES~ NOT TO ,'MENTION QITAI,ITY OF LIFE AND PETITION SIGNATURE SHEET WITNESS: / / TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOUq-IIOLD TOXVN %~ ASK TIlE BOARD TO RE. IECT THE APPLICATION OF RICILkRD F. MULLEN Ill AND X~ILLIAM Il. MLrLLEN TO DO~,~,,'N ZONE COLONIAL CORNERS ~tIB) AND THE ADJACENT RESIDENTIAL PARCEl. OF l..:~Xl) {R 401 (DES[GNATED ON SUFFOLK COUNTY T,L'< MAP 10~-062.0~-03.004122.1~1 A~ND 024,0~1) TO .& GENER-~,L BLrfilNIO~S ZONE (ID I'OR TIlE PURPOSE OF EXPANDING TllEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ,ANy COMMERCIAl, ENTERPRISE SHOULD NOT lie PERMIITED TO EXPAND INIO ILANILET BUSINESS DISTRIC'rS OR RESIDENTL',,L AREAS. IT WOULD AD'~'ERSELY AFFECT TIlE INTEGR[IY AND VALUE OF IMMEDLATE AND SL'RROUND1N(~ HOMES .AND BUSINESSES~ NOT TO MENTION QUALIIY OF LIFE AND SAFETY DUE TO INCRE,ASED USAGE. ONCE TI E PROPERTY IS DO*A'NGILADED ANYTIIING C.MN .MN D 5IA;' HAPPEN A COMMERCIAL BUSINESS DOES NOT BELONG IN TIIIS SE~rING. IT CREATES TR.AFFIC IIAZARDS, I[IGII NOISE INF~.&CTIONS. AND INVASION OF PRIVACY INTO RESIDENTLAL AREA~ MULLEN blOIORS HAS A GOOD N,LME AND PETITION SIGNATURE SHEEI # PI:LINT NAME ADDRESS S IGNATLrRE PHONE ,/ WITNESS: "'r",'3.~£L ..... .~'t,.~r,.('~ PH# ?t.,'.g-<~,.--tZl~; DATE l{ -}PAGEe TO SOUTHOLD TOWN DARD PETITION `*YE TIIE UNDERSIGNED, AS RESIDENTS OF SOUTItOLD TO`*¥N WE ASK THE BOARD TO REB~CT TIlE APPLICATION OF RICHARD F. [~[ULLEN Ill AND WILLIA.%I H. MULLEN TO DO~,~N ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t-40) (DESIGNATED ON SUFFOLK COUNTY TAX MA2 1000-062.00-03.04)-022.001 A~ND 024.001) TO A GENER.&L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STOR.AGE. FOR OB'~TOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER.MITTED TO EXP.~N D INTO IE~,3,ILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD'VERSELY AFFECT THE INTEGRITY AND VALUE OF I,MMEDIATE AND SURROUNDING HOMES AND BUS[NESSES~ NOT TO MENTION QUALITY OF LiFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO'¢,~GI~ADED ANYTHING C_AN AaND NLAY H.~PPEN. A COMMERCIA.L BUSINESS DOES NOT BELONG IN TtlIS SETTING. IT CREATES TRAFFIC HAZARDS. HIGH NOISE INFI~.&CTIONS, A~D I~'~,'ASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD N.~ME AND ENOUGH XlSIBILITY AS THINGS ARE. HO`*VEVEI~ FURTHER COMMERCIAL EXP)d~SION INTO SAID SITES IS NOT IN KEEPING V,1TH OUR BEAUTIFUL HISrORIC 16.40 griLLAGE AND OUR RESIDENTIAL PROPERTIES. V,'E ASK THE BOARD TO REJECT THIS APPLICATION, WE `*`*'OULD LIKE TO KNOW V*~[O AUTHORIZED THE CUTTING OF THE TREES ON THE FOR3,1ER LUCEY PROPERTY AND '*'*'ERE A,N~' OF TIlE TREES ON THE PUBLIC RIGHT OF WAY. XVE THE PETITIONERS WOULD LIKE AN .&'qS'A~R `*T~, THE LOCAL PAPERS Le. TIt_~,VI/LER V,'ATCH,M_~cN/SUFFOLK TIMES. TItIS PETITION IS GENER.&TED V~qTH NO XIALICE TOWARD MULLEN MOTORS INC., RICH&RD F. MULLEN IU OR `*'¢ILLL~%[ H, MULLEN. TIIIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH_~RD F. MULLEN III AND WILLI.~M H. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND MAINTAIN THE RUR).L CtIAR&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAMI5 ADDRESS SIGNATURE PHONE ......... ~. ~ .... ,, ~ ~ . ....... ,. ;~J ~.~.~.~,,,,, ,r ~ ,.:' ....... . ~ T,~). TO SOUTHOLD TOWN b ~ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO',VN ~,~'E A~K THE BO.~D TO REJECT THE APPLICATION OF RiCH=~D F. ,~,[ULLEN I11 AND ~AILLIA.',[ H. ,%IULLEN TO DC)PiTi ZONE COLONIAL CORNERS (HR) A.ND THE ADJACENT RESIDENTIAL PARCEL OF LAND GR-d0) (DESIGNATED ON SUEFOLK COUN'I'Y TAX I~I.XP 1000-062.00-03.041-022.001 A~ND 024.0~1) TO A GENEB~kL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPA~NDING THEIR pA]II, LING .-kND STOI~kGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR A~k' COM,MERCL~L ENTERPRISE SHOULD NOT BE PEI~M[TTED TO EXP.~ND INTO ~L&',ILET BUSINESS DISTRICTS OR RESIDENT[AL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED bO'~YTHIN(; C.~'4 &'~D ,~L~ky HAPPEN. A COMMERCLkL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TI~kFFIC [L~.7-~tDS, HIGH NOISE INFI~&CTIONS, .auND LN%'ASION OF PRIVACY INTO RESIDE.~TL~L AREAS. MULLEN MOTORS l~,S A GOOD NA-ME AND ENOUGH %ISIBILITY AS THINGS ~ HOV~EXe'EI~ EURTHER COM.MERCLkL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL IIlSTORIC 1~-10 V~LLAGE A~ND OUR RESIDENTL~L PROPERTIES. X$~ ASK THE BO.~D TO REJECT THIS APPLICATION. WE WOULD LIK~ TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR3[ER LUCEY PROPERTY AND WEKE >uNY OF THE TREES ON THE PUBLIC RIGHT OF WAY. NYE THE PETITIONERS WOULD LIKE .~'g AN'SWER %~_k TtIE LOCAL PAPERS I.e. TICk'CE LER WATCH~,L-kN/SUFFOLK TIMES. THIS PETITION IS GENEI~,TED VCITH NO ~L~LICE TOWARD *IULLEN .MOTORS INC., RIC[L3,RD F. MULLEN III OR ~ILLIA2~I H. MULLEN. THIS PETITION IS ONLY I,'4 RESPONSE TO OUR GI~fEN RIGHT BY Ls, W TO OPPOSE THE PETITION OF RICtLM~D F. MULLEN III .~N'D WILLLkM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ,MAINTAIN THE CHA~-',CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET I # PPdNT NA~ME ADDRESS SIGNATURE PHONE -:q , :. , TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOUTHOLD TO;~ 5;~ ASK THE BOAJ1D TO REJECT TIlE &PPLICATION OF RICFLZ~RD F. MULLEN III AND WILLIA.M H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) ~ND THE ADJACENT RESIDEN~FL~L PARCEL OF LAND (R~0) (DESIGNATED ON SUFFOLK COUNTY TAX NLA2 1000-062.00-03.00-022.001 A~N'D 024.001) TO A GENER_AL BUSINESS ZONE (B) FOR THE PUt, POSE OF EXP.~NDING THEIR pARKING .~ND STOB.&GE. FOR OB~1OUS REASONS, A CAR DEALERSHIP OR ANY COMMERCL~L ENTERPI~ISE SItOULD NOT BE PERMITTED TO EXPA~ND INTO ItAMLET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO'~%'NGR.~DED ANYTHING CAN ,~ND 5rAY HAPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT Ct~EATES T~.~FFIC 15~Z.~DS. HIGH NOISE INFI~,CTIONS, A~ND IN~'ASION OF PRIVACY INTO I~ESIDENTL&L AREAS, MULLEN MOTORS H. ASA GOOD NA.ME AN'D ENOUGH VISIBILITY AS THINGS ~ HO~.$~V'EI~ FURTflER CO,~IMERCL4J~ EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1~40 ¥'1LLAGE AND OUR RESIDENTL&L PROPERTIES. WE ASK THE B O.~-D TO REJECT THIS APPLICATION. h~. E WOULD LIK~ TO KNOW ~VFIO AUTHORIZED THE CUTTING OF THE TREES ON THE FOI~'~IER LUCEY PROPERTY AND ~;~ERE .~N~' OF THE TREES ON THE PUBLIC RIGHT OF WAY. 'CIE THE PETITIONERS WOULD LII, LE A-N .~NSVCER ;'I_~. THE LOCAL PAPERS La. T R_4,;T~LE R WATCH 5L~N/SUFFOLK TIMES. THIS PETITION IS GENEI~kTED V*~ITH NO ,M.ALICE TOWARD MULLEN MOTORS INC., ~ICH.~JLD F. MULLEN III OR WILLL~.M H. -MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~'EN RIGHT BY L-kW TO OPPOSE TIlE PETITION OF RICH.&RD F. 5IULLEN III .~ND WILLL~,\I H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND NI.~INTAIN THE RUIq_&L CtI.~R_4,CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN I~,~ARD PETITION AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, ~OT TO MENTION QUALITY OF LIFE AND THIS PETITION IS GENEraTED ~3TH NO M.~ICE TOWARD MULLEN MOTORS INC., RICH.~D F. MULLEN llI ~qLLLkM R. MULLEN. THIS PETITION IS ONLY IN ~SPONSE TO OUR GB~N RIGHT BY LAW TO OPPOSE THE PETITION OF PETITION SIGNATURE SHEET # PKINT N.&,\ rg ADDRESS SIGNATURE PHONE I'~ ~ ~- b--~z~ ,~., V¢ITNESS: TO SOUTHOLD TOWN E iRD PETITION ~'E THE UNDERSIGNED. AS RESIDENTS OF SOUTHOLD TOW 5VE XSK THE BOARD TO R~E.rECT Tt~ XPPLICATION OF RIC}L~RD F. MULLEN Iii AND ~¥ILLI.A-M H. I~[ULLEN TO DOWN ZONE COLONIAL CORNERS fHB) ,~ND THE ADJACENT RESIDEN'rIAL PARCEL OF La. ND 0t-40) (DESIGN.hTED ON SUFFOLK COUNTY TAX MAP 10~0-0411.00-03.00-022.001 .~ND 024.0411) TO A GENERAL BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPAi~DING TtlEIR PAltKING A~ND STORAGE. FOR OB',TOUS REASONS, A CAll DF-ALERSHIP OR ANY COMMERCL~L EN-fERPRJSE SHOULD NOT BE PED,MITTED TO EXP.A-ND INTO I~MLET BUSINESS DISTR~CTS OR RESIDENTL~L AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOS~GB_~DED .A-NYTHING C_~N .~ND MAY l-L41a PEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TR-~FFIC H-47~&RDS, HIGH NOISE INFI~.hCTIONS, .4~N'D INWASION OF PRIVACY INTO RESIDENTL&L AREAS. MULLEN 3,1OTORS }IhS A GOOD N.&ME A.ND ENOUGH ~,qSIBILITY AS TILINGS .4RE. HOWEVEI~ FURTHER COMMERCLLL EXPANSION INTO SAID SITES IS NOT IN KEEPING ',XlTH OUR BEAUTIFUL HISTORIC 1640 ',qLLAGE AND OUR RESIDENTiaL PROPERTIES. ~;q~ ASK TIlE BOA. RD TO REJECT THIS .kPPLICATION. X%Z WOULD LIKE TO KNOW ~110 AUTHORIZED THE CUTTING OF THE TREES ON TtlE FOI~MER LUCEY PROPERTY AND V,~RE .A.N~' OF TtIE TREES ON THE PUBLIC RIGtlT OF WAY. X~I~ TIlE PETITIONERS WOULD LIRE .A-N _~NS~Xq~R VkA THE LOCAL PAPERS Lc. TR-h;'EL ER WATCHMANISUFFOLK TIMES. THIS PETITION IS GENEBATED ;~TH NO ,M.&LICE TOWARD MULLEN MOTORS INC., RICH-~RD F. MULLEN III OR WILLL~M }i MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR cr~'EN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICH_kRD F. MULLEN III &N'D ~qLLLA-M H. MULLEN TO PROTECT THE ','ALUES OF PROPERTIES AND M &INTAiN Tile RU~&L CH_h~ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT N,~ME ADDRESS SIGNATUI:LE PHONE TO SOUTHOLD TOWN 1~ ..ARD ',VE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOgVN WE ASK THE BO..~ql) TO REJECT Thee XPPLICATION OF IqJCHARD F. MULLEN llI AND ~ILLI~-M H. MULLEN TO DO~',~N ZONE COLONIAL CORNERS {'HB) .S~ND THE ADJACENT RESIDENTIAL PARCEL OF LAND fR-40) (DESIGNATED ON SUFFOLK COUNTY T~-K M.&P 1000-062.0~-03.004122.001 A~ND 024,001) TO A GENEg. XL BUSINESS ZONE (B) FOR THE pURPOSE OF F~XP bun DIN G THEIR PARKING AND STO P--~G E. FOR OBVIOUS REASONS, A C.S~R DEXLERSHIP OR _2~ry COMMERCL&L ENTERPRISE SHOULD NOT BE PEI~',IITTED TO EXP.&ND INTO H_~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITy AND ','ALUE OF IMMEDIATE AND SURROUNDING HOMES .AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOX~GR.~DED A~'THING CA~N buND ,~LAY H.S2PEN. A CO,M?,IERCL~L BUSINESS DOES NOT BELONG IN TtlI5 SETTING. IT CREATES TR-~IrFIC H-~dtl)S, HIGH NOISE INFR. ACTIONS, buND INVASION OF PRIVACY INTO RESIDENTL~L AREAS. MULLEN MOTORS }LAS A GOOD NbuME buND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER, FURTHER COM*IERCL&L EXPANSION INTO SAID SITES IS NOT IN KEEPING X',ITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE bund OUR R~SIDENTIAL PROPERTIES. ~g~ ASK THE BOARD TO REJECT THIS >~PPLICATION. X',~ WOULD LII~g TO IGNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR-MER LUCEY PROPERTY AND ~ERE buNY OF THE TREES ON THE PUBLIC RIGHT OF WAY. X',~ THE PETITIONERS WOULD LII,LE AN buNSW};R ','LA THE LOCAL P.~P ERS Le. T B-s, lrEL ER WATCH,Mbu'~/S UFFO LK TIMES. THIS PETITION IS GENEII-ATED ~2TH NO MALICE TOWARD ?,[ULLEN MOTORS INC., RICH-MID F. MULLEN III OR W1LLL&M H. MULLEN. THIS PETIIION IS ONLY IN' RESPON'SE TO OUR GI%'EN' RIGHT BY LAW TO OPPOSE THE PETITION OF RICH_~RD F. MULLEN III buND ',',TLLL&M H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES buND ,MAJNTAIN TIIE RUR-~.L CIIA~ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWt...:IOARD PETITION ',~,T. file UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TO',~N 'WE ASK TIlE BOARD TO REJEC'r TIlE APPLICATION OF RICtL~,RD F MI:LLEN III ~7;I: WILI.IAM IL MULI.EN TO DOWN ZONE COLONIAL CORNERS {'liB] AND TIlE ADJACENT RESIDENTIAL PARCEl. 1. k?, D {R 401 (DESIGNATED ON SUFFOLK COUNTY TA_X MAP 10~1-062.0~-03.004122.001 A~N'D 024.~11) TO A GENERAl. BUbU',I' Zt )N E (11) I'OR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS RF~t-SONS, A CAR DEAI.ERSI[IP OR A~NY COMMERCIAL ENTERPRISE SHOULD NOT BE PETtMI1 TED [O EXPAND INTO tIAMLET BUSINESS DISTRICTS OR RESIDENTL~.L ARF~',.S. IT WOULD ADVERSELY AFFECT TIlE INTEGR['I AND VALUE OF IMMEDIATE AND SURROUNDING IIOMES AND DUSINESSES~ NOT TO MENTION QUAI.ITY OF I.IFE .kNI) SAFETY DUE TO I?,'CREASED USAGE - ONCE TIlE PROPERTY IS DOWNGRADED ANYTIIING CAN AND MAY IIAPI'EN. A COMMERCL~L BUSINESS DOES NOT BELONG IN TIIIS SETTING. rP CREATES TR-.,FEIC I[AZ.'~RDS, IIIGH NOISE INFI~'tCTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS IIAS A GOOD NAME AND ENOUGll VISIBILITY AS THINGS ARk:. IIOV~EVER, FURTHER COMMERCIAL EXPA~NSION INTO SAID SITES IS NOI IN AND WERE A2,,~' OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSWER VL',, TIlE PETITION SIGNATURE SHEET # PRiNT NAME ADDRESS SIGNATURE PHONE . I ~-~,~d-a c.t PH# -7G?-~c-'-PZ~f DATE~PAGE#3q WITNESS: , / TO SOUTHOLD TOWN BOARD V*~E TIIE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN W'E ASK THE BOARD TO REJECt THE APPLICATION OF RICHARD F. MULLEN III AND WILLI.~M II. MULLEN TO DOW?4 ZONE COLONIAL CORNEI~S ~[IB] AND THE ADJACENT RESIDENTIAL PARCEL OF L.~ND eR-40) (DESIGNATED ON SUFFOLK COUNTY TAX SlAP 1000-061.00-03.0~0'~2.001 A/~'D 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING .4.ND STOBAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMFFTED TO EXPAND INTO ItAMLET BUSINESS DISTRICTS OR RESIDENTIAL ARE.AS. IT WOULD ADVERSELY AFFECT TIIE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING tlOMES AND BUSINESSES, NOT TO MENTION QUALITY OF I,IFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED A.NyTIIING CAN A~ND MAY IL&PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SE~I'ING. IT CREATF~ TB. AFY[C IIAZARDS, HIGH NOISE INFB.~,CTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS IIAS A GOOD NAME AND ENOUGII YISIBILITY AS TILINGS ARE. HOWEVEI~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~ITII OUR BEAUTIFUL HISTORIC I~-I0 VILLAGE AND OUR RESIDENTIAL PROPERTIES. VfE ASK TIlE BOARD TO REJECT Tills APPLICATION. WE WOULD LIKE TO KNOW V, TIO AUTHORIZED THE CUTFING OF I t~E TREES ON THE FORMER LUCEY PROPERTY AND WERE A~'~Y OF TIlE TREES ON TIIE PUBLIC RIGIIT OF WAY. '*~,~ TIlE PETITIONERS WOULD LIKE ?uN ANSXX'ER ~qb, TIlE LOCAL PAPERS I.e. TRAWELER XVATCHMAN/S UFFOLK TIMES. THIS PETITION IS GENERATED WITH NO I~LALICE TOWARD MULLEN MOTORS INC., RICIL~4D F. MULLEN Ill OR VflLLLS.,M H. MULLEN. TItIS PETITION IS ONLY IN RESPONSE TO OUR GI%~EN RIGHT BY LAW TO OPPOSE TIlE PETITION OF IRICIIABD F. blULLEN Ill AND WILLIAM IL MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIlE RURAL CH_~,RACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT N.~uME ADDRESS -~ SIGNATURE PHONE TO SOUTHOLD TO~,, BOARD PETITION ~VE TIlE UNDERSIGNED. AS RESIDENTS OF So~'rHOLD TOWN %~ ASK THE BOARD TO R~CT THE APPLICATION OF RIC~RD F. MULLEN AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINF~SES~ NOT TO MENTION QUALITY OF I.IFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS ~WNG~DED ~NYTIIING C~ .~D MAY tL&PPEN. THIS PETITION IS GENE~TED WITll NO b~ICE TOW~ MULLEN MOTORS INC., RICIL~D F. MULLEN III OR X~qLLIAM H. MULLEN. Tills PETITION 15 ONLY IN RESPONSE TO OUR G~N RIG~ BY LAW TO OPPOSE TIlE PETITION OF RICIIARD F. MULLEN III ~D WILLIAM Il. blULLEN TO PROTE~ THE VALUES OF PROPERTIES AND MAINTAIN THE RU~kL PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNA'IqfRE PHONE I ,f ., ~ ' ~c ~- TO SOUTHOLD TOWN BOARD TO EXPAND INTO IIAMLET BUSINESS DISTRICTS OR RESIDENTIAL ARF. AS. IT WOULD ADVERSELY AFFECT TIIE INTEGRITY AND VALUE OF IMMEDIATE AND SI!IIROUNDING IIOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAEETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGIL~DED ANYTIIING CA~ AND ,',lAY IL&PPEN. A COMMERCI. AL BUSINESS DOES NOT BELONG IN THIS SET'rING. IT CREATF~ TB.AAqqC IIAZARDS, IIIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AHF. AS. MULLEN I~IOTORS IIAS A GOOD NA2~IE AND ENOUGIi VISIBILITY AS TILINGS ARE. tlOWEVEI~ FURTIIER COblMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ;~,qTll OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIIE BOARD TO RE-/~CT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AlfrHORIZED THE c'lyl-r I NG OF ~ TI~kEES ON THE FOIU~IER LUC'EY PROP ERTY AND WERE ANy OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAy. ~¥E THE PETITIONERS WOULD LIKE AN ANSWER V~A TIIE LOCAL PAPERS I.e. TB.&'*~ELER WATCHMA?USUPFOLK TIMES. THIS PETITION IS GENERATED WITII NO blALICE TOWAB.D MULLEN MOTORS INC., RICIL~RD E. MULLEN II1 OR WILLIA.~I H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICtlARD F. I~[ULLEN III A~ND 'O, qLLIANI I[. MULLEN TO PROTEC'Y TIlE VALUES OF PROPERTIES AND MAINTAIN TIlE RU~..kL CtL&I~ACTER OF OUR COt~IMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE WITNESS: TO SOUTHOLD TOWN ~OARD TIlE UNDER.~IGNED, ,\s RESIDENTS OF SOUTIIOLD '1'O~%~ WE ASK THE DOARD TO IIF. JI~.CT TIlE APPLICATION OF RICIIAIID F. MULLEN PEI'ITION SIGNATURE SHEET PRINT NinME ADDRESS SIGNATURE PHONE ,',,.r~. · ' ' '" 7,-~, .- ,~5 ~.c,,~.~ ~,,~ ' ' ~ ' ' "~ · - ~ -~ '-, ~E .r~ ?'7, ~ .~7: ~ ,~,,¢ L~':~,~ p~,~EE ~ ...... "-~1~ DATE 2 ,' AGE#~_.~ TO SOUTHOLD TOWL', .BOARD AS RESIDENTS OF SOUTI[OLD TO%~,~ WE ASK THE BOARD TO REJECT TIlE APPLICATION OF RICtlARD F. MUI.I ES 111 .\NIl WILLIAM Il. MULLEN TO DOXVN ZONE COI,ONIAL CORNERS (liB} AND TIlE AD.I.~,CENT RES[DENTI&L PABCYE[. ZONI; (Ii} I-OR TIlE PURPOSE OF EXP INDING TIIEIR PARKING AND STOle. AGE. FOR OBVIOUS REASONS, A CAR DEALERSIIIP OR ANY COMMERCEAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO DAMLET BUSINESS DIRTRICTS OR RESIDEN'TIAL AREAS. IT WOULD AD'*~-~RSEI.Y AFFE(TF 'HIE IN1 EGBITY INFRACTIONS. AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MI'LLEN MOTORS [IAS A GOOD NAME AN'I} KEEPING Vv'ITII OUR B!SkI'TII'UL tIISTORIC I~-10 VILLAGE AND OUR RES[DENTI,kL PROPERTIES. VCE ASK TIIE BOARD TO REJECT Tills APPLICATION, XVE WOULD LIKE TO KNOW WIIO AUTtIORIZED TIlE CLFI~ING OF TIlE TREES ON THE FORMER LUCEY PROPERTY LOCAL I'AFERS I e. TR_~X~I.ER ~VATCIIMAN/SUFFOLK TIMES. PETIT[ON SIGNATURE SHEET # PILINT NAME ADDRESS S IGNATLrR.E PHONE TO SOUTHOLD TOWN BOARD WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOVfN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN Ill AND WILLL~M II. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB} AND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40~ (DESIGNATED ON SUFFOLK COUNTY TA.X MAP 1000-062.00-03.0~021,001 AND 024.001) TO A GENEI~.&L BUSINESS ZONE (B) FOR THE PURPOSE OF F2~PAND[NG TIIEIH PARKING AND STORAGE. FOR OBV'IOUS REASONS, A CAR DEALERSHIp OR ANY COMMERCIAL ENTER.PRISE SHOULD NOT BE PER3,IITYED TO EXPAND INTO ILMHLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS- IT WOULD ADVERSELY AFFECT Tile INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING IlOMES AND BUSINESSES, NOT TO MENTION QUALITY OF 1,1FE .AND SAFETY DUE TO INCREASED LrSAGE. ONCE ]'lie PROPERTY IS DOWNGB.&DED A~NYTIIING CAN tMND ,~bkY IIAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TIllS SETTING. ri' CREATES TIL~rlrIC ILAZARDS, I[[Gll NOISE INFRACTIONS. AND INVASION OF PRIVACY INTO RESIDENTL&L AREAS. MULLEN MOTORS IIAS A GOOD NAME AND ENOUGII VISIBILITY AS TILINGS ARE. IIOWEVEIL FURTIIER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING X~,lTll OUR BFAUTIFUL HISTORIC 1640 V'ILLAGE AND OUo. ,~ESIDENTIAL PROPERTIES. WE ASK TIIE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AWI-HORIZED THE CU'I'TING OF THE ".'REES ON THE FO~MER LUCEY PROPERTY AND WERE A~NY OF TIlE TREES ON TIlE PUBLIC HIGIIT OF WAY. '~E TIlE PETITIONERS WOULD LIKE AN .s, NS'~VER VL'~ TIIE LOCAL PAPERS I.e. T R_&VELER 'WATCHM.~N/SUFFOLK TIMES. THIS PETITION IS GENERATED WITll NO NL~L[CE TOWARD MULLEN MOTORS INC.. RICIL~ID F. MULLEN III OR XVILLIAM H, MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GfVEN RIGHT BY LAW TO OPPOSE TI[E PETITION OF F- [CHARD F. IMULLEN lli AND 'WILLI:~,M Il. MULLEN TO PROTECT THE VALUES OF PROPERT[ES AND MAINTAIN TI IE RUP~kI. CII:',,I~XCTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRII~' NAI%~ ADDRESS SIGNATURE PHONE ~//~/( ~r> ~- '/ RECEIVED JIJN .3 1998 Sou~old Town C~e~ CAROLYN A. ZENK ATTORNEY AT LAW 121 Ponguogue Avenue Hampton Bays, New York 11946 516-723-234! Southold Town Board Southold Town Hall Main Road Southold, New York 11971 June 29th, 1998 RE: Super majority or five votes from the Southold Town Board are now needed to change the zone on the Mullen Motors parcel pursuant to the authority vested in Town Law section 265 and a properly executed protest petition. Dear Members of the Southold Town Board, I represent a number of Southold residents who own property or reside near the Mullen Motors car dealership. As you know, Richard and William Mullen applied for a change of zone from hamlet business and residential to general business, allegedly to expand their parking. Numerous residents have respectfully requested that the Town Board not down zone this neighborhood to allow for the expansion of the Mullen Motors car dealership and have submitted a petition to that effect under separate cover. Enclosed you will find a protest petition made pursuant to Town Law section 265. Town Law section 265 changes the usual requirement for a change of zone from a mere majority of a town board to a super majority. Once a properly executed protest petition is filed in the Town of Southold, five affirmative votes of the Town Board rather than merely four would be needed to change the zone on the Mullen property. Enclosed, you will also find an affidavit from Marc E. Charest, a licensed land surveyor, which proves that the prerequisites of the Town Law section 265 have been met as well as an illustrative map. Thus, the Town Board must now have five affirmative votes, rather than four to effect a change of zone on the Mullen Motors parcel. Abstentions would not count toward same. Town Law section 265 requires either the signatures of the owners of 20% of the land within 100 feet of the area proposed for a zone change, or the signatures of the owners of 20% of the land located directly opposite the land proposed for a zone change and located 100 feet from the street frontage to effect a change in the votes required. page 2 Specifically, Town Law section 265 provides: 1. Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added). The commentaries by Terry Rice contained in McKinney's explains, A proposed amendment to a zoning law possesses the potential of affecting property owners in the immediate vicinity to a greater degree than the community at large. Consequently, section 265(1) provides for the filing of a protest petition which requires approval of a zoning amendment by more than a simple majority of the town board, that is, by the affirmative vote of three-fourths of the members of a town board. The purpose of the greater than majority vote is to provide additional protection to those property owners who would be most affected by a zoning change...Determlning the validity of a protest petition involves a computation of the total area of land, the owners of which are eligible to sign a protest petition and, second, an assessment of the percentage of the applicable area represented by the signers of a petition...the second and third categories require a computation of the area within a 100 foot perimeter adjacent to or across the street from such property. Although those computations generally also are relatively simple, specific, peculiar scenarios may raise difficult factual issues. For example, the area of land lying in the street immediately adjacent to land which is the subject of a proposed zoning amendment has been excluded in calculating the total area immediately adjacent to the property. See Biedermann v. Town of Orangetown, 125 A.D.2d 465, 509 N.Y.S.2d 394 (2d Dept. 1986). p 56 and 57. (Emphasis added). For an illustration, of how the calculation is made, your counsel may wish to consult Iannarone v. Town Board of the Town of Hempstead, 59 Misc. 2d 212, 298 N.Y.S.2d 350 at pages 352 and 353. For additional information regarding Town Law section 265, counsel may also wish to consult Hey v. Town Board of the Town of Potter, 117 A.D.2d 989, which holds that a three to one vote, (where a board had five members) with one member abstaining was not enough to pass a zoning amendment where page 3 a proper protest petition had been filed. Note that abstentions cut against rather than for a zoning amendment. In an Informal Opinion No. 85-6 of the Attorney General, the Attorney General determined that where a municipality consisted of seven members, and a protest petition was properly executed pursuant to village law section 7-708(1), which is similar to Town Law section 265, six affirmative votes of the board was required for the zone change. The Attorney General reasoned thus, Since your board of trustees has seven members, it is required that action be taken by three-fourths of the "whole number" of the board (Village Law, section 7-708(1); General Construction Law section 41) Three fourths of your seven member board comes to 5.25, thus requiring the vote of at least six members to take action on a proposed zoning change, p. 66 of opinion. Since your board consists of six members and a three quarters vote of the board is necessary for a change of zone comes to 4.5, four affirmative votes are insufficient to constitute the super majority needed. As confirmed by your counsel during the week of April 6th, five votes are necessary when an appropriate petition is filed. As I explained in a legal affirmation submitted September 29th, 1997, the proposed down zoning is unnecessary and will down-grade this neighborhood. The zone change is unnecessary because the purported goal of the Mullens' is to accommodate additional parking. From this perspective, the zone change is excessive because it would not only permit a parking lot, but numerous undesirable uses "as of right" or by special exception, including fast food restaurants, gas stations, car washes, and industrial uses ~nong others. It constitutes the proverbial "overkill." As the Group for the South Fork's General Counsel, a leading East End environmental protection and planning organization, I have worked extensively in the Towns of East Hampton, Southampton, and Shelter Island since 1980. I have served as a professional Land Use Planner for five years. I am acquainted with the Comprehensive Plans of these three towns and the South Fork villages. Many of these municipalities have come to realize that a quaint, rural atmosphere, consisting of modestly-scaled, charming, pedestrian-oriented businesses, is fundamental not only to a high quality of life for residents, but to small business owners who depend upon a tourist-based economy for their income. It is abundantly clear that given the abundance, location, and overwhelming size of "up-island" businesses, that the only way that East End businesses can draw business and compete is to offer what the western areas of Long Island cannot-small town charm. page 4 An expansion of Mullen Motors, a highly commercial, automobile- centered business is at odds with sound planning and the environmental and business interests of Southold. We have confidence that the Town Board can find more imaginative, less destructive means to accommodate the Mullen's need for parking than contributing to destructive commercial sprawl in hamlet centers and residential neighborhoods. Sprawling parking lots, with bright flood lights that disturb residents and reduce property values, have no place in historic Southold. Please confer with counsel regarding the impact of this protest petition upon any vote taken by the Town Board with respect to the Mullen Motors change of zone application. Thank you for your consideration in this matter which is of utmost importance to my clients, as well as to the community at large. Sincerely, Attorney at qLaw cc: Town Clerk Southold Town Attorney Planning Board The Zoning Committee Nelson, Pope, and Voorh£s Adam Grossman, Esq. PROTEST PETITION REQUIRING A SUPER MAJORITY FOR MULLEN CHANGE OF ZONE APPLICATION WHEREAS, Town Law, section 265, mandates that upon the presentation of a properly executed protest petition, the vote required for a zoning amendment changes from a simple majority of the Town Board to a super majority; WHEREAS, Town Law section 265(1) provides: Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); WHEREAS, William and Richard Mullen have petitioned the Town Board for a change of zone for a 1.25 acre parcel in the hamlet of Southold, located at the southwest corner of NYS Route 25 and Locust Lane, from Hamlet Business and Residential to General Business, in order to expand the Mullen Motors car dealership; WHEREAS, this change would allow inappropriate, overly commercial uses in this neighborhood including fast food restaurants like 7-11, Arbys, and McDonalds(SE), warehouses(P), gas stations (SE), car washes (SE), bars (SE), wholesale beverage distributors(P), and industrial uses; WHEREAS, the existing residential zoning categor7 is less impactful, allowing such uses as farms(P), horse farms(P), churches(SE), and residences, and the hamlet business zone also allows less impactful commercial uses, both of which are more consistent with the downtown charm of Southold and less destructive of existing small businesses, many of which depend upon rural charm to be successful; WHEREAS, the zone change is unnecessar7 in that the alleged problem experienced by Mullen Motors is a parking problem which could be solved through more imaginative solutions than a down zoning; WHEREAS, the undersigned are all property owners within 100 feet of the area proposed for the zone change: WHEREAS, the undersigned collectively own more than 20% of the land immediately adjacent to the land included in the proposed zoning change; page 2 of 2 of PETITION WHEREAS, three fourths, or 75% of the six member Southold Town Board would be 4.5, and 4 votes would not constitute the super majority needed; THEREFORE, we the undersigned protest the change of zone, and by law, five affirmative votes in favor of the proposed change of zone, rather than four are now required as the result of filing this protest petition with the Town Board: NAME: Print) ADDRESS: SIGNATURE: P~ e TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK In the Matter of William and Richard Mullen's Change of Zone Application from Hamlet Business and Residential to General Business AFFIDAVIT MARC E. CHAREST State of New York) )SS: County of Suffolk) Marc E. Charest, being duly sworn, deposes and says: 1. I am a land surveyor, licensed in the State of New York. My New York State license number is 050149. I own Northstar Surveying, P.C. located at 94 West Montauk Highway, Hampton Bays, New York 11946. My phone number is 516-728-5330. 2. I make this affidavit in support of a protest petition regarding Mullen Motors made pursuant to Town Law section 265. Town Law section 265 changes the number of votes needed to change the zone on a piece of property in New York State from a majority of town board members to a super majority. 3. Richard Mullen and William Mullen applied to the Southold Town Board to change the zoning on a piece of property located on the southwest corner of NYS Route 25 and Locust Lane from Hamlet Business and Residential to General Business, in order to expand the Mullen Motors car dealership. Adjoining property owners protested. 4. Ordinarily, a majority of the six member Town Board would be needed to change the zone on the property, which would be four affirmative votes. However, a properly executed petition under Town Law section 265 changes the vote required to a super majority. Thus, five affirmative votes would be needed from the Town Board, not four, to change the zone. 5. I have been retained by a number of Southold residents who own property in the vicinity of the Mullen Motors car dealership to ascertain whether the requirements for Town Law section 265 have been met. 6. I have fifteen years experience surveying residential and commercial properties for both public and private clients in the County of Suffolk. As a licensed land surveyor, my duties include, among other things, determining the location of property boundaries, the area of properties, and calculations derived therefrom. Thus, I am qualified to ascertain whether Town Law section 265 has been met. 7. I am familiar with the subject site in question. I am also familiar with the provisions of the Town Law section 265. Town Law section 265 specifically provides: Such (zoning) regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town hoard in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); 8. I have reviewed the protest petition entitled, "PROTEST PETITION REQUIRING A SUPER MAJORITY FOR MULLEN CHANGE OF ZONE APPLICATION." This petition was signed by Doris Zito, 295 Locust Lane, Barbara J. Adams, 315 Cottage Place, Janice J. Szczesny 340 Locust Lane, David R. Szczeny, 340 Locust Lane, Richard H. Frederick, 385 Cottage Place, Debra Soto, 165 Locust Lane, Anthony Soto, 165 Locust Lane, Rita Costello Cohen, 56655 Main Road, and Albert Cohen, 56655 Main Road, nearby residents. 9. I have located the property of the petitioners by tax map and calculated the areas of their properties An relation to Town Law section 265 to determine whether or not the requirements for Town Law section 265 are met. Depending upon the interpretation of Town Law section 265, lot number 17 may or may not be included. I have calculated lot areas, including lot 17 and excluding lot 17. My conclusions are as follows. 10. Under Town Law 265(b), the calculation of the percentage of land of those "immediately adjacent" land owners that protested and that lies within a 100 foot radius of the proposed rezoning, including lot 17, is 36.7% This is greater than the 20% required. That calculation was derived by calculating the total area within the 100 foot radius of the property that is subject to the rezoning, which is 62,471 square feet; then calculating the total lot area contained in the lots of immediately adjacent property owners who are protesting (Lots 17, 18, and 26) which is 22,943 square feet; and finally calculating what percentage 22,943 is of 62,471, which is 36.7%. The first test under Town Law section 265 (b) is met. Thus, a three fourth or super majority or five votes of the Town Board is now required to change the zone. 11. Assuming that lot 17 is not included in the term .'immediately adjacent", 30.4% of the lot area of ,'immediately adjacent" land owners is within 100 feet. This exceeds the 20% figure required. Thus, the test is met again. That calculation was derived as follows. First the total area within the 100 foot radius surrounding the area proposed for a zone change was calculated at 56,775 square feet. Then the total area of land for those who signed the protest petition was calculated (lots lB and 26) at 17,247 square feet. Then, it was determined what percentage 17,247 was of 56,775, which is 30.4%. This exceeds the 20% figure required. Thus, the first test under Town Law section 265 (b) would be met. Once again, a three fourth majority or five votes of the Town Board is now required to change the zone. 12. Under Town Law section 265 (c), the calculation of the area of land for those who signed the protest petition who are "directly opposite" the property proposed to be rezoned is 31.1% which is in excess of the 20% needed for a proper protest petition. That figure was derived as follows. First the total area within the 100 foot radius of land opposite the subject site was calculated, which is 70,392 square feet. Then, the total area of land owned by property owners who signed the protest petition and were directly opposite the land to be rezoned was calculated including lots 15, 35, and 36 which was 21,890 square feet. Then, it was determined what percentage 21,890 was of 70,392, which is 31.1%. 13. As shown in the above calculation, Town Law section 265 (c) is met. As such, a three-fourths majority of the Town Board members, which would be 5, is required to change the zone. 14. In summary, both tests for compelling a three-fourths majority of the Town Board to change the zone for Mullen Motors are met. Five affirmative votes of the Town Board are now needed to change the zone. Abstentions do not count toward this figure. A certain map entitled, "Radius Map of Property Surrounding Mullen Property Showing Areas of Lots to Compel a Super Majority" dated June 18th, 1998 prepared by Northstar Surveying, PC is made a part hereof for illustration purposes. Respectfully Submitted, / Mare E. Charest, LS ( Sworn to before me this day of June, 1998. Notar~ Public ~_J FRANKLIN D. BU?Z PROTEST PETITION REQUIRING' A SUPER MAJORITY FOR M~T-T-IKN CHA~GE OF ZONE APPLICATION W~EREAS, Town Law, section 265, mandates that upon the presentation of a properly executed protest petition, the vote required for a zoning amendment changes from a simple majority of the Town Board to a super majority; WHEREAS, Town Law section 265(1) provides: Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that Any such anendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment Is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); WHEREAS, William and Richard Mullen have petitioned the Town Board for a change of zone for a 1.25 acre parcel in the hamlet of Southold, located at the southwest corner of NYS Route 25 and Locust Lane, from Hamlet Business and Residential to General Business, in order to expand the Mullen Motors car dealership; WHEREAS, this change would allow inappropriate, overly commercial uses in this neighborhood including fast food restaurants like 7-11, Arbys, and McDonalds(SE), warehouses(P), gas stations (SE), car washes (SE), bars (SE), wholesale beverage distributors(P), and industrial uses; WHEREAS, the existing residential zoning category is less impactful, allowing such uses as farms(P), horse farms(P), churches(SE), and residences, and the hamlet business zone also allows less impactful commercial uses, both of which are more consistent with the downtown charm of Southold and less destructive of existing small businesses, many of which depend upon rural charm to be successful; WHEREAS, the zone change is unnecessary in that the alleged problem experienced by Mullen Motors is a parking problem which could be solved through more imaginative solutions than a down zoning; WHEREAS, the undersigned are all property owners within 100 feet of the area proposed for the zone change: WHEREAS, the undersigned collectively own more than 20% of the land immediately adjacent to the land included in the proposed zoning change; PROTEST PETXTXOR REQUXRTRG' A SUPER MA~ORXT! FOR MIJX~KH CHANGE OIP ZONE APPLX~ATXO# W~EREAS, Town Law, section 265, mandates that upon the presentation of a properly executed protest petition, the vote required for a zoning amendment changes from a simple majority of the Town Board to a super majority; WHEREAS, Town Law section 265(1) provides: Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that anF such a~es4~ent shall require the approval of at least three-four~hu of the members of the toun board in the event such amendment Is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); WHEREAS, William and Richard Mullen have petitioned the Town Board for a change of zone for a 1.25 acre parcel in the hamlet of Southold, located at the southwest corner of NYS Route 25 and Locust Lane, from Hamlet Business and Residential to General Business, in order to expand the Mullen Motors car dealersh/p; WHEREAS, this change would allo~ inappropriate, overly commercial uses in this neighborhood including fast food restaurants like 7-11, Arbys, and McDonalds(SE), warehouses(P), gas stations (SE), car washes (SE), bars (SE), wholesale beverage distributors(P), and industrial uses; Wq{EREAS, the existing residential zoning category is less impactful, allowing such uses as farms(p), horse farms(P), churches(SE), and residences, and the hamlet business zone also allows less impactful commercial uses, both of which are more consistent with the downtown charm of Southold and less destructive of existing small businesses, many of which depend upon rural charm to be successful; WHEREAS, the zone change is unnecessary in that the alleged problem experienced by Mullen Motors is a parking problem which could be solved through more imaginative solutions than a down zoning; WHEREAS, the undersigned are all proper~y owners within 100 feet of the area proposed for the zone change: WHEREAS, the undersigned collectively own more than 20% of the land immediately adjacent to the land included in the proposed zoning change; TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK In the Matter of William and Richard Mullen's Change of Zone Application from Hamlet Business and Residential to General Business AFFZDAVXT MAR~ K. CHA, REST State of New York) )ss: County of Suffolk) Marc E. Charest, being duly sworn, deposes and says: 1. I am a land surveyor, licensed in the State of New York. My New York State license nu/nber is 050149. I own Northstar Surveying, P.C. located at 94 West Montauk Highway, Hampton Bays, New York 11946. My phone number is 516-728-5330. 2. I make this affidavit in support of a protest petition regarding Mullen Motors made pursuant to Town Law section 265. Town Law section 265 changes the nuAber of votes needed to change the zone on a piece of property in New York State from a majority of town board members to a super majority. 3. Richard Mullen and William Mullen applied to the Southold Town Board to change the zoning on a piece of property located on the southwest corner of NYS Route 25 and Locust Lane from Hamlet Business and Residential to General Business, in order to expand the Mullen Motors car dealership. Adjoining property owners protested. 4. Ordinarily, a majority of the six member Town Board would be needed to change the zone on the property, which would be four affirmative votes. However, a properly executed petition under Town Law section 265 changes the vote required to a super majority. Thus, five affirmative votes would be needed from the Town Board, not four, to change the zone. 5. I have been retained by a number of Southold residents who own property in the vicinity of the Mullen Motors car dealership to ascertain whether the requirements for Town Law section 265 have been met. 6. I have fifteen years experience surveying residential and commercial properties for both public and private clients in the County of Suffolk. As a licensed land surveyor, my duties include, among other things, determining the location of property boundaries, the area of properties, and calculations derived therefrom. Thus, I am qualified to ascertain whether Town Law section 265 has been met. 7. I am familiar with the subject site in question. I am also f~miliar with the provisions of the Town Law section 265. Town Law section 265 specifically provides: Such (zoning) regulations, restrictions and boundaries may from time to time be a~ended. Such amendment shall be effected by a simple majority vote of the town board, except that an~ sach amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land {---ediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); 8. I have reviewed the protest petition entitled, "PROTEST PETITION REQUIRING A SUPER MAJORITY FOR MULLEH CHANGE OF ZONE APPLICATION." This petition was signed by Doris Zito, 295 Locust Lane, Barbara J. Adams, 315 Cottage Place, Janice J. Szczesny 340 Locust Lane, David R. Szczeny, 340 Locust Lane, Richard H. Frederick, 385 Cottage Place, Debra Soto, 165 Locust Lane, A~thon¥ Soto, 165 Locust Lane, Rita Costello Cohen, 56655 Main Road, and Alber~ Cohen, 56655 Main Road, nearby residents. 9. I have located the property of the petitioners by tax map and calculated the areas of their properties in relation to Town Law section 265 to determine whether or not the requirements for Tow~ Law section 265 are met. Depending upon the interpretation of Town Law section 265, lot number 17 may or may not be included. I have calculated lot areas, including lot 17 and excluding lot 17. My conclusions are as follows. 10. Under Town Law 265(b), the calculation of the percentage of land of those "immediately adjacent" land owners that protested and that lies within a 100 foot radius of the proposed rezoning, including lot 17, is 36.7% This is greater than the 20% required. That calculation was derived by calculating the total area within the 100 foot radius of the property that is subject to the rezoning, which is 62,471 square feet; then calculating the total lot area contained in the lots of immediately adjacent property owners who are protesting (Lots 17, 18, and 26) which is 22,943 square feet; and finally calculating what percentage 22,943 is of 62,471, which is 36.7%. The first test under Town Law section 265 (b) is met. Thus, a three fourth or super majority or five votes of the Town Board is now required to change the zone. 11. Assuming that lot 17 is not included in the term "immediately adjacent", 30.4% of the lot area of "immediately adjacent" land owners is within 100 feet. This exceeds the 20% figure required. Thus, the test is met again. That calculation was derived as follows. First the total area within the 100 foot radius surrounding the area proposed for a zone change was calculated at 56,775 square feet. Then the total area of land for those who signed the protest petition was calculated (lots 18 and 26) at 17,247 square feet. Then, it was determined what percentage 17,247 was of 56,775, which is 30.4%. This exceeds the 20% figure required. Thus, the first test under Town Law section 265 (b) would be met. Once again, a three fourth majority or five votes of the Town Board is now required to change the zone. 12. Under Town Law section 265 (c), the calculation of the area of land for those who signed the protest petition who are "directly opposite" the property proposed to be rezoned is 31.1% which is in excess of the 20% needed for a proper protest petition. That figure was derived as follows. First the total area within the 100 foot radius of land opposite the subject site was calculated, which is 70,392 square feet. Then, the total area of land owned by property owners who signed the protest petition and were directly opposite the land to be rezoned was calculated including lots 15, 35, and 36 which was 21,890 square feet. Then, it was determined what percentage 21,890 was of 70,392, which is 31.1%. 13. As shown in the above calculation, Town Law section 265 (c) is met. As such, a three-fourths majority of the Town Board members, which would be 5, is required to change the zone. 14. In summary, both tests for compelling a three-fourths majority of the Town Board to change the zone for Mullen Motors are met. Five affirmative votes of the Town Board are now needed to change the zone. Abstentions do not count toward this figure. A certain map entitled, "Radius Map of Property Surrounding Mullen Property Showing Areas of Lots to Compel a Super Majority" dated June 18th, 1998 prepared by Northstar Surveying, PC is made a part hereof for illustration purposes. Respectfully_ Submitted, Marc E. Charest, LS Sworn to before me this day of June, 1998. Notary Public ELIZABETH A, NEVILLE TOWN CLEH. K REGISTRAR OF V~TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOVfN OF SOUTHOLD March 26, 1998 Richard H. Frederick 385 Cottage Place Southold, New York 11971 Dear Mr. Frederick: I have received from the Planning Board your inquiry on notification to property owners of change of zone applications. Please be advised that according to the Zoning Code Chapter 100, Section 100-292, notification is required to be sent to owners of property immediately adjacent thereto. I have enclosed a copy of this law. Very truly yours, Elizabeth A. Nev~ Southold Town Clerk Enclosure RECEIVED ~AR 2 0 199§ ~ Town Cled~ R.H.Frederick 385 Cottage Place Southold, N.Y. 11971 13 March, 1998 Southold Town Board Southold Town Hall 53095 Main Road Southold, N.Y. 11971 Dear Southold Town Board, Re. Zoning change proposed by Mullen Motors I would like to know why I did not receive a certified letter in June of 1997, as did many of my neighbors, informing me of the zone change request by Mullen Motors. I request a specific response to this question. My living conditions and property value are significantly affected by activities at Mullen Motors and will be more seriously affected if this zoning change is granted. I bought my property in Southold because of the bucolic character of the town and its residential neighborhoods. I would like to see that preserved rather than destroyed by turning Main Road in Southold (including Colonial Corners) into another Jericho Turnpike. The traffic on Cottage Place related to Mullen Motors is already bad enough with much of it (including the auto carrier trucks) cutting across the southwest corner of my lawn (come see for yourself). I can only envision it getting worse if this zoning change is granted. How many more high intensity lights will be installed to shine into my bedroom as another high intensity one recently installed at Mullen Motors currently does. I guess one could argue that it saves me electricity since it is so bright in that room that I don't need to turn my own lights on, but that argument is fallacious. Their light is an intrusion on my domain to the detriment of my privacy and my property value, and I could only expect that to get worse. Page 1 of 2 I am by no means anti-business, but believe that proper planning can address the needs of both business and residential segments of the community. In my opinion, this zoning change, if granted, would unfairly favor business to the detriment of the area residents and the character of the town of Southold. As an affected resident, a taxpayer, a voter, and a concerned citizen, I am unalterably opposed to this proposed zoning change, or to any other proposal for a zoning change that would adversely affect my property value, living conditions, or the character of the town of Southold and the Colonial Corners area. I hereby request that I please be informed by the cognizant Southold Town organization of the schedule for public hearings on the Mullen request for a zoning change or any other proposal for a zoning change that has potential impact on the quality of living as we know it in the town of Southold. Very truly yours, Richard H. Frederick c.c. Bennett Orlowski, Planning Board Valerie Scopaz, Town Planner Ed Forrester, Code Enforcer/BIdg Dept. Gerard Goeringer, ZBA William Moore, Code Committee Chairman Page 2 of 2 Susan Z. Ryan P.O. Box 1795 Southold, new york 11971 516-765-5640 March 3, 1998 Jean Cochran, Southold town Supervisor Southold Town Board Southold Town Hall Main Rd. Southold, NY 11971 Dear Ms. Cochran and Southold Town Board: I want to show my support for the Mullen Motors request for Zone change from Hamlet Business to General Business for the property known as Colonial Corners on Locust Ave. In my estimation the change would be a vast improvement to the overgrown vacant lot. I've seen the proposed plan (which is more than the opposition has done~ and it shows concern and thought for the betterment of the property and the neighborhood. Mullen Motors has long provided jobs and revenue to the town, over 70 years. Good jobs and good sea-vice. I would hate to see this lost because of a small group of Ill informed crusaders with a goal to protect an overgrown vacant lot which has little or no Historic value. I live here. I pay taxes here. I work here. I don't want the area ruined and I feel The Mullens are doing everything to preserve the beauty , safety and integrity of My wonderful town. The lot expansion would be more beneficial then the alternative, This town can no longer endure the loss of yet another business, especially, one which has for years employed over 30 local people. Aside from the economic value, have you seen the lot in question?, It's a mess! "The Plan", shows beautiful trees and fencing which will keep people from entering or exiting on locust Ave. It will reduce the small amount of congestion on Cottage Pl. and allow us all to move more freely. It's a great Plan. I'm tired of hearing and reading all the lies, stories and untruths from the opposition about the Parking lot Zone change Plan. Please help our town to grow and move into the 21st century being who want what our town has to offer. Sincerely, Susan Z. Ryan MEMORANDUM TO: FROM: DATE: RE: Supervisor Town Attorney February 23, 1998 Zenk Letter of 2/11/98 Ms. Zenk is asking the Town to contac[ her before making a environmental determination on the rezoning of the Mullins Motors property. The town had asked Mr. Mullin to prepare a Type III environmental analysis as per the recommendation of Mr. Voorhis, but I have seen no such analysis yet. Since approximately 6 months have passed since we asked for this information, and the Town Board has changed identity somewhat, Ms. Zenk is reminding [he Town Board of her interest in this matter and asking to be notified if the Type III comes in from Mr. Mullins. RECEIVED FEB 1 7 1998 Sauthold Town Cle~ CAROLEN A. ZENK ATTO~RE¥ AT LAW 121 Ponquogue Avenue Hampton Bays, New Eork 11946 516-723-2341 Southold Town Board Southold Town Hall PO Box 1179 Southold, New York 11971 February llth, 1998 Re: Application for change of zone for Mullin Motors Inc. Dear Members of the Town Board, Adam Grossman, Esq. and I represent the Sanfords and a number of neighbors in the vicinity of the Mullin Motors car dealership. As you know, the Mullins have requested a change of zone from Hamlet Business to General Business. PLEASE BE ADVISED that this is a second formal request for you to contact me, before any determination of significance under the State Environmental Quality Review Act is made. I note that you already have a notation to this effect in your records, and I appreciate your continued consideration. It would be in the interest of all to contact all parties represented by counsel before proceeding. As detailed in an attorney affirmation which I submitted to you on September 29th, 1997, the change of zone would have a significant impact on the environment and an environmental impact statement would clearly be needed under the State Environmental Quality Review Act. The record to date also reveals that an overwhelming number of residents are opposed to a change of zone in this neighborhood. Most importantly, your environmental review to date, including that of your consultant Nelson, Pope and Voorhis, fails to review the proper action. This point has been emphasized to you by both myself and by Allen M. Smith, Esq. who wrote to you on August 18th, 1997. Both Mr. Smith, Esq. and I are of the opinion that your review of a proposal for a parking lot alone, is inadequate as a matter of law. A review of the file yesterday, February lOth revealed that there are no legal documents restricting the Mullins to a parking lot. As your counsel will infor~n you, if the zoning is changed in this area many additional, highl~ intensive co~ercial uses which would be detrimental to th9 qualit~ of the neighborhood would be permitted as of right, despite the representations ~ade to you by the applicant as reflected in his application. Mr. Smith, Esq. and I concur that proper analysis would entail an in-depth analysis of build-ou~ scenarios considering the most intensive uses. See Smith letter of 8/18/97. page 2 It also bears emphasis that the State Environmental Qualit~ Review Act requires that you take a "hard look" at areas of environmental concern, including consistency with your internal planning documents. See 6 NYCRR 617. kn analysis of this record as of February 10th, 1998 indicates that this has not been done. Adam Grossman, Esq. and I are aware of certain zoning changes that are before your zoning committee at this time which may affect our clients. Specifically, it is our understanding that parking lots could become a special exception in the Hamlet Business zone. while this is less intense than a full change of zone which would enable any number of uses as of right, there remain serious concerns about allowing quaint hamlet areas to be eroded by intense commercial uses, and parking lots. May we respectfully suggest that the board consider imaginative solutions to the alleged parking problems that the Mullins may be experiencing that would not visually blight the neighborhood, add additional asphalt, remove existing vegetation, and would use existing infrastructure? Obviously, such a solution would satisfy both the citizens who wish to maintain Southold's rural charm, the local Mom and Pop businesses that need that charm to remain economically viable, and the Mullins. Thank you for your consideration in this regard. Sincerely, cc: Adam Grossman, Esq. The Sanfords The Zoning Committee RECEIVED FEB $109 ) $outhold Town Clerk Janice & David Szr, zesny 340 Locust Lane, Southold fax: 727-8076 phone: 727 1150 January 30, 1998 Southold Town Board Southold Town Hall 53095 Main Road Southold. N.Y. 11971 Dear Southold Town Board, We feel it is most important to update you on the present living conditions of our Locust Lane home. Since the adjacent trees and vegetation have been removed, the noise, lights and activities from 7-eleven and Mullen Motors have become increasingly disturbing. The street lights are no longer shielded by the tall street trees and the Mullen Motors interlor-lit sign towers above the roof lines in full view. 7-eleven has its' rear spot lights burning all night. Our residential privacy bas been greatly compromised. In summer it was bad enough but now that it is winter, there is absolutely no buffer from these commercial intrusions. We can't imagine these operations getting an)' closer. Any nlore commercial encroachment toward our home is unacceptable. Again we express our strong opposition against extending this business zone into the heart of our neighborhood. We know from examining the unsightliness of Cottage Place that our property values will plummet and our safety and well being will be degraded. Juxtaposing one of the most heavy, use-intensive business zones next to one o1~ the tightest use zones. Residential, is deplorable and makes no sense. We bought our house next to Residential Property--not. a Car Dealership. Very truly .','ours. Janice J. Szczesny David R. Szczesny c.c. Bennett Orlowski, Planning Board Valerie Scopaz. Town Planner Ed Forrester. Code Enforcer/Bldg. Dept. Gerard Goehringer, ZBA RECEIVED JAN 2 c) 1998 ~ Town ~ Southold T. Board/Code Comm. Southold Town Hall Main Road, Southold. NY 11971 Re: Public Hearing on A Local Law to Revise Business Uses, HB District, Section 100-91B, Gasoline Service Stations & GB District, Section 100-101A Automotive Repair Shops. To Southold Town Board & Code Committee: January 27, 1998 We do not think the proposed changes to the Hamlet Business District for Gasoline Service Stalions, Section 100-91B are a good idea. Our concerns lie not only in how this amendment will affect the look of our Hamlets, but what the heavy uses and accessory uses that are allowed to accompany Gasoline Service Stations will do to our centers and neighborhoods. Convenience stores are a particular menace and are fast becoming synonymous with gas stations. In a December 4th article. (Wonton's Gone, Big.Gulp's On the Way?, Traveler/Watchman) Planning Board members made the follow~,ng statement: "In the past ten years, the convenience store-gas station combination has proliferated to the point where it has become difficult to locate a gas station that doesn't double as a convenience store...In fact, it has become so common that a convenience store is now considered an accessory use to a gas station, and may no longer require special permission from the ZBA." We find this alarming. Have the review standards at Town Hall dropped so much in the past 10 years that Town Officials would seriously consider streamlining applications Ior convenience store-gas stations? Do we really need any more? And do we really want them in our Hamlet Centers, under Section 100-91B, with all the problems that they pose? Convenience stores do not enhance the character of our Town. They generate noise, garbage and nightly traffic. The goods they sell are above market price and directly compete with Mom and Pop grocery stores, dells, beverage stores and restaurants. Since most convenience stores are franchises, they have little allegiance to local economies like ours. Instead, they funnel profits to a centralized National Headquarters, so more convenience stores can come to town, compete with local merchants and squeeze them out of the market. This is precisely wha['s happening in Southold Town with 7-Eleven. In a January 9th 1998 letter of transmittal to Southold Town Planning Board members, the Notaro Grupp Architects & Associates group writes: "Enclosed, you will find site plans and exterior elevations for 7-Eleven #32347, in Mattituck on Main Road and Factory Avenue [or architectural review and site plan review." If 7-Eleven comes to Mattituck. that will make store #4 in the Town ol Southold. Do we really need another convenience store? The answer is NO and certainly not a franchise establishment like 7-Eleven for all the reasons just explained. Our dells and beverage stores are trying to make a go and all the while 7-Eleven is thriving and expanding. A recent promotional campaign for Party Platters (please see enclosed) shows how 7-Eleven targets our local market and with financial backing from its Dallas, Texas Headquarters, takes a chunk out our local economy_ Now we discover, 7-Eleven is teaming up with Citgo to open a brand new convenience store-gas station in Mattituck. The convenience store as an "accessory use" is just one reason why the Hamlet Business District should not be liberalized under Section 100-91B to include Gasoline Service Stations. Another good reason to prevenf gas stations from setting up shop in our Hamlet Centers is the "accessory use" of auto repair. Auto repair is unattractive and use intensive. The heavy equipment needed to conduct auto repair--hydrolic lifts, pneumatic air guns, electrical grinders etc.-- are very noisy. So too are the post repair examinations. The revving and idling al car engines to monitor performance and.., the vehicle test drive. It should be noted that these last 3 tests are often done outdoors. As for the vehicle test drive, it is usually conducted on the nearest residential street Such activities can truly be disruptive to quiet neighborhoods and pose traffic hazards to busy Hamlet Centers. While we are on the subject of auto repair, we ask the Board to please keep Auto Repair Shops Special Exception. Anything as use-intensive, noisy and potentially unattractive as Auto Repair needs a stricter guideline, not just a site plan review. Site plans are not binding anyway. People violate them all the time and then bring the old plans in for amendment. So long as they adhere to the lowest standards of their zoning category, businesses have little to fear when they don't comply with the site plan. To ensure that use-intensive businesses like Automotive Repair Shops do not behave in this manner, we ask tar ZBA review as well as site plan review. When all the elements of a Gasoline Service Station are considered--the "accessory uses", the lack of aesthetics, noise, gas emissions, test driving or simply the Ilammable producfs of gas and oil-- the Hamlet Business District is not an appropriate location for gasoline stations. A far better district for activities such as these would be the use district gas stations have traditionally conducted business in-- the General Business District (Section 100-101B)_..away Irorn Hamlet Cenfers. To illustrate this point further1 we have compiled a list of all the gasoline sfations in Southold Town. According to the NYNEX Yellow Pages and Yellow Book for the North Fork directories, there are 17 service stations (please see enclosed list). Of these 17 stations, 14 are located in appropriate districts, outside Hamlet Centers. The other 3--Cutchogue Metro (now called Coastal), Mr. Roberts and Southold Automotive are in our Hamlets only because al preexisting conditions. While we recognize them as the exception--~' the rule, we do not want the exceptions becoming the rule. In fact, the problems posed by these hamlet gas stations may give--fh'i-~ Board reason enough to reject the Hamlet proposal and simply uphold our current code-- General Business, Sec. 100-101B. For example, in 1991, Cutchogue Metro (now Coastal) constructed a building canopy in the hamlet of Cutchogue without an approved site plan or building permit. Bad enough on the outskirts of town, but in Ihe hamlet center! Rather than make Metro dismantle the structure, the Town imposed a fine and allowed Metro to back-file all the appropriate papers that would legitimize the canopy. Now we are stuck with an- ugly, out of proportion, interior lit canopy in the middle of our Cutchogue hamlet. A very poor addition to our scenic center and a very poor precedent to set for the Town. Since that time, a Mattituck gas station has followed suit building a similar canopy on Rt. 25 and a Laurel gas station has just applied to the ZBA asking permission to build the same unsightly structure. Mr. Roberts in Greenport poses a big problem too. Because it is located in the Hamlet Center and close to Residential Neighborhoods, this convenience store-gas station has become a teenage/youth hangout. Even on the coldest, darkest night you can see kids loitering in the parking lot and on the corner ol 3rd Street. Rowdy gangs call out to passing cars, garbage and bottles are tossed on the street and drug activity is conducted by those milling about pretending to make phone calls. Mr. Roberts is an eyesore with no landscaping, ugly macadam and harsh bright lighting. Whether you are driving through town or just coming o1! the Shelter Island Ferry, it is the first thing that hits you as being out of keeping with the beautiful architecture and seaside atmosphere of Greenport. Southold Automotive has the same out of keeping feel when you drive through the center ct town--especially at night. The lights that illuminate the pumps are so bright they hurt your eyes. Instead of attracting cars, the lights and bright orange signs actually make you look away. The modernization of this facility has ruined the country character of what was once an old time gas station. The internally lit signs and bright flood lights are totally unnecessary, especially in the hamlet. Shrill lighting and sleek modernization does as much to destroy the feel or our quiet rural setting as automotive repair and late night convenience stores. We do not need to encourage anymore GasoLine Service Stations in our Hamlet Centers next to residential property, community parks, historic points of interest, day care centers, churches, schools, libraries--all the things that distinguish our pedestrian centers. If anything, in the future, we will need more gas stations in the General Business District along Rt. 48 to service all the ferry traffic streaming along thai corridor. The convenience store-gas station and auto repair-gas station would be perfect for travellers and truckers. Not every vehicle needs to swing into our hamlet center for colfee and gas--especially the oversized tractor-trailer-trucks. Let's keep them up on 48 and keep Rt. 25 congestion free. At the moment, there is only one gas station on Rt. 48 between Orient and Riverhead that offers gas--it's located in Peconic on the south side of the road. Somewhere along that stretch, there should be a gas station located on the north side! Again, please consider the integrity of our Hamlet Centers and Residential Neighborhoods and do not revise the zoning codes to allow Gasoline Service Stations in our Hamlet Business District under Section 100-91B. The General Business District with Special Exception is the more appropriate location for Gasoline Stations and Auto Repair Shops. For the general welfare of Southold Town, we ask the Town Board, Planning Board and Zoning Board of Appeals to uphold the General Business Use District, Section 100-101B as the only use district and section for Gasloine Service Stations and Automotive Repair Shops. Ben Orlowski--P~, Val~ ~--TP, Gerard Goehringer--~Ed Forrester--~ Southold Town Service Stations List compiled trom the NYNEX Yellow Pages 1997-98 & Yellow Book for the North Fork 1996-97 AMAC Inc. 7400 Main Road, Laurel Amerada Hess Corp. 11100 Rt. 25, Mattituck Cutchogue Metro (renamed Coastal) Main Road, Cutchogue Cutchogue Service Station Main Road, Cutchogue Dinizio Service Center Inc. RI 48 & Wickham Ave., Mattituck East End Petroleum Corp. Factory Ave. & Main Road, Mattituck Eli-Jay Mobile of Peconic 32400 Middle Rd, Peconic Empire Service Station 1100 Rt. 25 Greenport Carpluk's Service Center Inc. Main Rd & Bayview Rd, Southold Lou's Service Station Sound Ave & Pacific St, Mattituck Mr. Roberts 300 Front Street, Greenport Nassau Point Service Station Main Street, Cutchogue ~(Southold Automotive Corp. Main Road & Youngs Ave., Southold Ocean Service Mini Mart Main Road, Cutchogue Spano's Greenport Service Station 1100 Main Street, Greenport Wheeler's Garage North Road Rt. 48, Southold Willow Hill Automotive 45845 Rt. 48, Southold 'ty Platters Order your Party Platters at 7-Eleven A18 ~ ' ' , ,o~7 Sou,hta~d tc. Co~p~? {n /~'~toch milk, eggs an~ ~,,~ in Dallas, e~ 7-Eleven: A Part of Long Island History AAJ I owv Long Island has had a histoi3, of "firsts." First New York lighthouse, first trans- Atlantic radio, first trans-Atlantic flight... and while 7-Eleven has been around for Tn )'ears and been a part of Long Island's histon_, for 34 years, we've had some firsts of our own - first convenience store, first convenience store to advertise on television, first to be open 24 hours, and we invented innovative products like Slurpee`? and Super Big Gulp 44-ounce fountain soft drinks. Today, there are more than 200 7-Eleven stores right here on Long Island bursting with fresh ideas, fresh products and friendly service. Being first is one of the reasons ?-Eleven i~ the leader in convenience retailing. One simple idea 70 years ago opened up a v,,orld of convenience Who knows what the future will bring. A12 ISLAND HISTORY Merrick 7-Eleven franchisee Pervez Mir knows his customers well.., and he knows what their favorite 7-Eleven pro- ducts are. Of course, when you operate a 7-Eleven store within walking distance of almost every school in town, it's pretty easy to guess the top-sellers. Pervez can answer in a heartbeat -- Slurpee, brand drinks, Big Gulps~ and candy But he just as quickly points out that his customers have different favorites at different times of the day Morning commuters pick up coffee and donuts, while the afte_r-school crgwd grab Slurpee~ ~ In the evening, workers on their way home drop by f_o~r_bee__r, bread and milk, and the late- nighters finish up the day ~vith coffee and ice cream. Although Pervez says he enjoys being a 7-Eleven franchisee, it was not his original plan when he came to America from Pakistan in 1966. Pervez moved to New York, completed his. master's and became a research But as research grants became tougher and tougher to come by and his younger brother, Kokab, came to live with him, he began to research other career opportunities. The winning opportunity for Pervez turned out to be 7.Eleven, and in 1980, he became a franchisee of_th__e~t 7-Eleven store. "It was a business I could afford, and I could hire my brother to work for me! 7-Eleven offered me an oppor- tunity to control my own future." After three years of working together, Kokab too became a 7-Eleven franchisee, running the store in Huntington. And in 1988, Pervez franchised the Merrick 7. Eleven. Pervez takes great pride in his 7-Eleven store, a fact that's evident as soon as you drive up. After adding.ilo.wet beds and flower pots filled with .blooming shrubs and flowers, Pervez's store caught the eye of the Merrick Chamber of Commerce, which awarded him a town beautification award in 1995. So stop by and visit Pervez at the Merrick 7-Eleven store. With bright- bright-colored Slurpees on the inside, Pervez Mir's future as a 7-Eleven franchisee is... well, bright! oh thank heaven,, ?.ELEVEN. APARTOF LONG ISLAND HISTORY fWr hen Jea Lira moved to America have his ott, n 7-Eleven store in Richmond Hill... and a }'ear after that, a second store in Flushing. "My ~W]ole life has changed," Lira said. "Running my own business is a lot different. I am so, so happy I came to America." For Lim, running his own business means stocking special items in his stores, like Korean, Chinese and Spanish language newspapers and ethnic foods. "1 operate each each serves," Lira said. like that. My stores are organized, clean and my staff provides good service." Lim's 7-£1even business is a family affair, with his wife and two teen-age children helping him out at both stores. Before he became a franchisee, Lim worked his way up the ladder at 7-Eleven, starting at the Brooklyn store, working at stores ih Yonkers and Wiseton, and became a store manager. Then, at a friend's urging (a friend who happened to have three 7-Eleven stores of his own), Lim applied ~o become a 7-Eleven franchisee in 1996. And now~ ]ust 18 months after franchis_ing his first 7-Eleven, 7-Eleven -- the ~ery store in Brooklyn where he began his career with 7-Eleven, 11 years ago. oh thank heaven ATTORNEY AFFIRMATION DRAFT LOCAL LAW TO REVISE BUSINESS USES CODE COMMITTEE OF THE TOWN OF SOUTHOLD January 28, 1998 TO THE CODE CO~ITTEE OF THE SOUTHOLD, HON. WILLIAM MOORE, CHAIRMAN, AND THE TOWN BOARD OF THE TOWN OF SOUTHOLD: PENALTY OF PERJURY: 1. I am an attorney duly admitted to practice State of New York,.having an office at 120 Court Street, New York. 2. I, along with CAROLYN A. several residents of the Town of ADAM B. GROS~MAN, ESQ. HEREBY AFFIRM THE FOLLOWING UNDER law in the Riverhead, ZEN-K, ESQ., am the attorney for Southold including Melanie and Julie Sanford and many others who are part of an group of concerned residents who call themselves STOP WATCh. 3. I submit this attorney affirmation, which has the same force and effect as an affidavit, in opposition to the Draft Local Law to Revise Business Uses within the Town of Southold. 4. .My clients retained myself and Ms. Zenk in September, 1997, to represent them in connection with their opposition to the application before the Southold Town Board of Richard F. Mullen III and william H. Mullen for a zone change. 5. I am now submitting this affirmation because my clients have brought to my attention the Draft Local Law to Revise Business Uses in the Town of Southold, and it is my belief that if this Draft Local Law is adopted as proposed, it will have a detrimental effect on my clients and many residents of the Town of Southold. 6. I respectfully bring to this Committee's attention Section 5 of the Draft Local Law to Revise Business Uses. Under Section 5 of the Draft Local Law (Use regulations) Hamlet Business District (HB) is hereby amended as follows: (B) Uses permitted by snecial exception by the Board of Anneals. The fQllowin~ uses are permitted as a special exception by the Board Of Appeals as hereinafter provided, sub4ect to site plan approval by the P~annin~ Board. (13) Parking Lot (15) Te.~minal/Bus or Truck 7. My understanding of this provision as applied to the application before the Southold Town Board of Richard F. Mullen III and William H, Mullen for a zone change in order to build a parking lot to expand their existing car dealership is that the Mullens could obtain the relief currently requested by a zone change instead by special exception by the Southold Town Board of Appeals as a specifically permitted special exception subject to site plan approval by the Planning Board. 8. My review of the Draft'Local Law to Revise Business Uses leads me to conclude that, if adopted, the application before the Southold Town Board of Richard F. Mullen III and William H. Mullen ' for a zone change, could be summarily withdrawn by the applicants. After withdrawing said application, Richard F. Mullen III and William H. Mullen could, as the owners of real property designated in part "Hamlet Business Zone", request a special exception permit from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board to exl~and their existing car dealership by adding parking lots and/or a bus/truck terminal at the premises where it is desigated Hamlet Business Zone, such as at the current site of Colonial Corners. 9. Southold Town, not unlike many other Towns on Long Island, has had difficulty with areas zoned "Business Uses" which are directly adjacent to areas zoned "Residential". As a result, many residents of Southold Town who live in residential communities find themselves surrounded by businesses, along with the traffic congestion, noise, and late night activities which often cause disruptions on a daily basis. These residents also on occasion suffer a loss of property values, and in some cases their location makes it nearly impossible for them to sell their residential homes due to the neighboring businesses. This is most certainly the case with many members of STOP WATCH who have had to persevere as Mullen Motors has obtained permission their existing car dealership residential community. 10. Southold Town, Zoning Code which tries neighboring property owners business seeks to obtain a for expansion upon expansion of which is directly adjacent to a in dealing with Zoning issues, adopted a to deal with these issues by allowing to have a say whenever an adjacent variance or zone change to alter or expand their existing business use. The existing Southold Town Code allows neighbors the opportunity to be heard when existing businesses seek to expand in a way that requires board approvals. 11. Relaxation for certain Business Uses in the Southold Town Code would not just affect the Mullen application. Owners of properties zoned Hamlet Business or General Business would no longer have to obtain a variance or zone change to commence or expand a long list of business uses under the revised Code even if expansion of their business uses could have a detrimental effect on neighboring residential property owners, on traffic flow, and even if said use would in fact under~ine the rural character of a particular community. 12. In the Summary of the Long EAF for the Proposed Ordinance, it states: "...The prima~y changes to the Code involve a reduction in the number of uses within the limited business zoning district, and an increase in the number of uses permitted outright within the Hamlet Business zoning district. The net effect of these changes on the Town should be beneficial, and include improved traffic flow and protection of the special character of the town .... " 13. In fact, in many instances the result of adoption of the Draft Local Law to Revise Business Uses would, in my opinion, do just the opposite of what is intended as specified in the Summar~ of the Long F-~/~. while language is used to describe this Draft Local Law such as "streamlining the application process" (See Section 2.0 of the Long EAF), in effect what this change would do is relax business uses within Southold Town to the detriment of the rural character of Southold, increase traffic congestion in many instances, and stifle concerned residents such as my clients from having an opportunity to express their concerns over such Business Uses, particularly when said uses are adjacent to residential communities. Further, if a particular business use is specifically permitted under the revised zoning code, any board receiving such an application would be hard pressed to deny the application even if it would have a detrimental impact upon the rural character of a particular community. 14. My concern about the negative impact this Draft Local Law to Revise Business Uses is in no way limited to my clients. If adopted, this Draft Local Law has the potential to undermine the intent of the Town Code throughout Southold Town by adding a huge list of Business Uses adjacent to residential communities, thereby creating traffic hazards and endangering pedestrians, and in effect undermining the careful planning of Southold Town by eliminating careful review of applications which pose significant environmental - impacts on their surrounding neighbors and communities. 15. It is always important to have clarity in Zoning Codes. Therefore, I applaud attempts by Southold Town to clarify and improve the Southold Town Zoning Code. If in fact I believed that were the result of adoption of this Draft law, I would recommend it's adoption. But I believe this Draft Local Law goes much too far in relaxing Business U~es, and contradicts the intention of the $outhold Town Zoning Code. Southold Town should encourage harmony between businesses and neighboring residents, not foster a process to allow expansion of businesses at the expense of neighboring residents. 16. I hope this committee will seriously consider that the long term impact of this Draft local law in many instances may be to threaten, not preserve, the rural character of the Town of Southold, and will in fact undermine the existing Code provisions which allow Southold Town to carefully consider the many impacts of proposed expansions of Business Uses throughout Southold Town. The existing system allows government to carefully consider these applications. 17. I therefore strongly urge this co.~nittee to reject this Draft Local Law for the reasons outlined above. Dated: Riverhead, New York January 28, 1998 Melanie and Julie Sanford P.O. Box 155 120 Court Street Riverhead, NY 11901 (516) 727-4200 P. ECFIVED JAN 2 7 1996 .~aulhold Town Clerk Southold T.Board/Code Comm. Southold Town Hall Main Road Southold NY, 11971 Julie Sanford Locust Lane Southold, NY 11971 Re: Public Hearing on Local Law to Revise Business Uses, HB District, Sec. 100-91B, Gasoline Service Stations & GB District, Sec. 100-101A, Auto Repair Shops To Southold Town Board & Code Committee, January 26, 1998 Contrary to recommendations to "liberalize" and "give latitude" to the business uses in our Hamlet Business District, I as a Locust Lane resident can tell you this is not a good idea. From first-hand experience, I know that the presence of a 24-hour convenience store and a use-intensive car dealership is reason enough to keep a tight rein on our Hamlet codes. These "liberal" uses in the Hamlet, near residences have already had serious ramifications. People should not be so quick to recommend "vibrancy" and "latitude" in places where they themselves don't have to live. We should all ask ourselves, "Could I live happily next to this? Could I look at this on a daily basis? Does it adversely affect property values? Could I sleep at night and past 6:30 in the morning?" To make a decision without these considerations would be unconscionable_ As we all know, there are pockets of General Business along our Hamlet Stretch. Southold's 7-Eleven was once a gas station. Mullen Motors was once a gas station too. So you see, inviting unregulated General Business into our Hamlet can lead to future problems, like the 7-Eleven and the Mullen Motors car dealership we live with today. For this reason, we should not loosen our codes, but rather tighten them. A new proposal is to allow Auto Repair Shops in General Business as a Permitted Use. Are we forgetting the use-intensive elements of automobile repair? I think an historic town such as Southold should care about the negative aspects of automotive operations. It should remain Special Exception, subject to Z.B.A. review as well as site plan review. It should never become a permitted use without Board review_ Please take all of these things into account when you draw up the codes and give special consideration to the residents in this community. Sincerely, .,~ Julie Sanford cc: Ben Orlowski, Planning Board Valerie Scopaz, Town Planner Gerard Goehringer, ZBA Ed Forrester, Code Enforcement i~CEIVED JAN 2 7 199 Soutflold Town Cleric Southold T.Board/Code Comm. Southold Town Hall Main Road Southold, N Y. 11971 Jean A. Sanford Locust Lane Southold. N.Y. 11971 Re: Public Hearing on A Local Law to Revise Business Uses, HB District. Sec. 100-9lB. Gasoline Service Stations & GB District. See. 100-10IA, Auto Repair Shops. To Southold Town Board & Code Committee, January 26, 1998 It has been said that the Eastern End of Long island is one of the 10 most desirable places in the world to live. That makes it an awesome responsibility and top priority of our Town Officials to preserve this unique environment. We are not just anywhere U.S.A. We ask The Board to please not loosen any codes that protect the hamlet atmosphere, especially those regulating Gasoline Stations/Convenience stores and Auto Repair Shops. Automotive Repair and Gasoline Stations do not mix happily with Hamlet Business and Residential properties. Their location needs to be carefully monitored for the sake of the community. Noise, fumes, traffic flow and congestion, bright and late-night lighting, test driving destroy the integrity of a hamlet. These businesses, by their very nature, will always belong on the outskirts of town . . . not in the heart of the Hamlet and certainly not near Residential properties. We ask the Board that Auto Repair Shops be kept Special Exception-- subject to ZBA review-- and not made a permitted use in General Business. The c'oncern here is that Automotive Repair will continue to creep into Business-zoned pockets of the Hamlet near Residential Neighborhoods and create land-use disturbances. With regard to Automotive Repair, we have a major conflict in our Hamlet already. To avoid future destruction and disturbance, there must be strict controls over anything that is use-intensive. Any powers of review the Board holds, must not be relinquished. Gasoline Service Stations and Automotive Repair Shops should only be allowed in the General Business Use District, Section 100-10lB under Special Exception_ Preserving the farm land is no more important than preserving our charming, welcoming, familiar Hamlet Districts. We do not only experience our town by looking at pretty vistas through car windows. We experience our town in our hamlets with its' historic landmark architecture. It is here, in our Hamlets, where we work and shop and interact with each other that we truly experience our town. When you drive up the island you will notice that the farms are all gone, but what has endured are the beautiful, old, historic hamlets . . . protected . . . and . . . preserved. Village greens, towering trees, shaded roads, early houses, shops, churches and graveyards are still there, undisturbed The heavy use-intensive businesses are no where in sight. They are "somewhere else".., not mixed in the hamlet. A town must not destroy its' historic hamlets with inappropriate, use-intensive businesses. If there is going to be a traffic corridor on Route 48, then Route 48 is the more logical place for these Automotive facilities and Convenience stores. _not the hamlets. People passing through from the ferry would be better accommodated up there and it would also deter truck traffic away from our pedestrian-oriented Hamlet Districts. We have already lost too much. It is time to tighten our codes, not loosen them at the expense of our equally precious Hamlets. As you examine the codes of our town, please do not use the Hamlet as an alternative location for these use-intensive Genera[ Businesses Thank you for your consideration in this matter. Sincerely, Jean A. Sanford cc: Ben Orlowski--Planning Board Valerie Scopaz--Town Planner Gerard Goehringer--ZBA Ed Forrester--Code Enforcement Dear Southold Town Board. This is my response to Mr. James l',.'[urphy's teller supporting a Mullen Motor zone change applic'alion. Please add il Io the Mullen Molor file. Thank you. Yours truly. Helen W. Prince cc: $outhold Planning Board Helen Ys. t'rince; Slopwalch P.O. Box Soulhold, N.Y. 11971 January J9, 1998 James L Murphy P.O. Box 368 Mat}truck. N.Y. 11952 Dear Mr. Murphy, Having read your letler of Seplember 18 Io the Town Board, I would like to have you hear (and maybe understand) ~he viewpoint of those opposing Ihe Mullen expansion. This is not wrilten wilh anv animosily againsl Ihe Mullen family. Everyone understands that Ihey were hurl and Ihen furious thai anyone opposed Iheir plan to expand. To residents near Mullen Ntolors and all over $oulhold Town, the da)' has come when everyone wanls To I~tll a ~;IO~ lo heedless, needless, unchanneled growlh. The newspapers Ihe Orienl Ferry. and n~uch more. And yes - - - Mullen Motors. Mullen Molors was in business over 70 years ago. [I was a gas station on the north side of Route 25. As il grew it expanded Io both sides of Route 25 and began to gobble up houses around it Ihal had been lhere in Ihe lasl cenlury, well over 70 years ago. It changed our quiel residenlial slreels inlo a noisy induslrial she. It has tenlacles across the Main Road. across ('ollage Place and now wishes In exlend from ils' unused exil on ltobart Road to one on }.oct~s~ Lane. This mass deslruclion of whal was all residential is whal Soulholders are opposed lo. Besides Ihe business being less Ihan neighborly wilh its noise, fumes, run-off, bright llghls, and clogged Iraffic. the slreet crossing is monopolized by salesmen, workmen, and customers who sland Ihere on the road. doing business, impervious to the cars trying to pass. or maybe from long lenure, expectinve Ihe cars Io detour around them. All of this is a nuisance for bolh Ihe Iraffic flow and Ihe customers who have to be shunted back and forlh from salesroom Io ear Iol. ['rtl sure customers and everyone else would be more comforlable wilh a self-conlained business wilh no cars driving through its perimeters. This is definitely an issue of common sense. I don'l mean Io be pick)', but your leller said. "The possible impact of one small parking lot on Southold Town would be far less Ihan an)' other option lhe Mu}lens could choose." In facl. it would be one more and larger parking Ioi. And really! "... any other oplion open Io him would have less ;mpacl on Sou}hold" [than down-zoning and expansion would'?TJ Any oplion wot, Id be preferrable Io down-zoning. [n Ihe future I believe the Planning Board wishes In put businesses on Ihe uorlh-soulh roads. Tile Town adopted a Zone Plan. Should tile Town break lheir own laws7 Weren't Ihey made for the ma.iority. not the few? And by Ihe wa)', the present Mullen property would not stand empty. And Ihat is our argumenl in a nul shell There should be NO exceplions. Once you start down-zoning, every Tom. Dick. and }larry can open Ihe door wide, and Southold would, in future generalions, look llke Roule 25 west of Commack. Soulhold. settled in 1640 , is the oldest English selllement in New York Stale. Unless we preserve il with pride and foresight, fulure generali,~ms ,,,,iii curse us and know us as callous, near-sighted and sell-serving. Thank you for reading this. II is e,'rille~l with Ihe hope Ihal Soulhold will live on in hislory . . . not in infamy. Sincerely, Helen W. Prince Slop-walch member. c.c.: Southold Town Board Planning Board September I8, 1997 Mrs. Jean Coclnran, Superv!sor $outhold Town Hall P.O. B~x 1179 South~ld, NY 11971 D~ar. Supervisor Cochran: The issue of the propx~sed zoning change for the Colonial Corners property and the ~esidential lot to the rear of it has been one of hot debate in recent weeks. F3 '-~ all know, the problem toils down to a planning issue that should ke de~ided ~n the t~st inter-_st of 5outhold Town. It is also an issue of The ~-illage of $cuthold has an ex/sting business district t~hat MULle/~ ~.~otors has ope_~ated in fcr the past seventy years. ~'ne Mulie_ns ha~ proposed to cre~t=- a par'.(l_ng lot on the pa~c~_i kehind Colonial Corners in order to resolve their need for more emac~- as their business grows. The possible 5mpact of one 5~_~i p~rking lot cn 5outhold To~n would he far less t,han any other option the ~u!!~qs coutid ciqoose. A small group of neighkors :-ho live on Locust Avenue, near the Colonial Ccr~er~ prc.~e_~y, does not agree with this and hav~ stated that Mullen Motors is ruining Southold Town. T~:,e,/ ha,~ even gone so far as to suggest that the ..~_u!!en~ ~ve us to the )~orth Road, a~ay frcm the site that they have cc~upied for _ce_-.e_~_ticns. ,Ycving to the >;orth Road could on!~ mean building on o~en f~r~ fie!ds. Now ]es's talk akout ruining Southold To~-n! Unnecessa_~y develo_cment cn fie/ds in a to~-n t,hat s~ends millior~s of t~x dollars on o~en- space pre$~_~-;aticn? '-- ~hinJ< not. it seems that the Locust Avenue group pre£?_rs the deve!c.cme_nt of our far~iand5 and ~he possibility of la/Ge, amply buildings and an even lar~er ~pt¥ pa_<(ing lo~ in the middle of a beautiful village, r-s this -;hat is tes~ for $outhold Town? I t.hink not. C~n sense -,~u. id d~ t,hat the loss of one undes]_r~ble residential Lot k~rdering on the business district would be a f~r bett~r option t~han the loss of Gtur evermore v~luahle ope_q spaces. $outhold has an existing business district-, one t~hat ~s in place when ali of the Locust Avenue residents freely c-hose t~ ~u~cinase hcmes so near to ~_t. It is my ho.ce that ~ pl~_r~ning by our town officials ,-il! acccmodate the needs of our !cca! businesses witt-!.l this zone wh/le ~tili ~aintalning the keauty and the integrit~ of the whole of Southold To~n. you for yotur c_~n~ide_~ation. Jr. Sincerely yours, P.O. ~OX 5 · CUTChOGUe, NY 11935 · (516; 734~O59 January 20, 4998 Jean Cochran, Southold Town Supervisor Southold Town Board Southold Town Hall Main Road Southold, New York 14971 Dear Ms. Cochran and Southold Town Board, I am writing with regard to the proposal by Mullen Motors for the property in Southoldo Having dealt with three generations of the Mullen family, know of no business or people more reputable, honest, and concerned about the community than the Mullens. I From a business point of view, it is in the Mullens best interest to make the subject property as attractive as possible, which based on my review of the plans, they will do. However, more important is the fact that the Mullens have always been, and will always, put the best interests of their community first. Southold Town is most fortunate to have a family run business such as Mullen Motors and a family with tb~ integrity of 5~e Mullens. Please consider the approval of this project as proposed. Sincerely, , P.O. BOX 5 · CUTCHOGUE, NY 1 t935 · (516~ 734~058 January 20, 1998 Jean Cochran, Southold Town Supervisor Southold Town Board Southold Town Hall Main Road Southold, New York 1197] Dear Ms. Cochran and Southold Town Board, I am writing with regard to the ~roposal by Mullen Motors for the property in Southold. Having dealt with three generations of the Mullen family, I know of no business or people more reputable, honest, and concerned about the community than the Mullens. From a business point of view, it is in the Mullens best interest to make the subject property as attractive as possible, which based on my review of the plans, they will do. However, more important is the fact that the Mullens have always been, and will always, put the best interests of their community first. Southold Town is most fortunate to such as Mullen Motors and a family Mullens. have a family run business with thc integrity of Please consider the approval of this project as proposed. Sincerely, ,' ~psey ~ Please c.c. to: Southold Town Board Gerard Goehringer: Z.B.A. Ed Forrester: Building Dept. Bennett Orlowski: JAN 2 I 1998 Soulho/d To~m Oer} Planning Board Dear Ms. Neville: We are very upset and disappointed with the plans for a Mullen Motors parking lot across the street from our brand new home. Only three weeks after we settled in those beautiful trees were cut down. We were never informed by Century 21 that this was going to take place. I think what is disappointing also, is to have all traffic-wise trucks blocking our driveway, and it shouldn't be.. At the beginning it was nice living here, looking at these beautiful trees, and now it just feels like a horrible thing. We thought we could deal with the troubles from Seven- Eleven, but Seven-Eleven and a parking lot are too much. Yours truly, Debra & Anthony Soto 165 Locust Lane, Po nox 1916 Southold, New York 11971 10.. The Suffolk 5imes: December 251 1997 Letters... Lane Lament Snuthold Aq opeIl lc:{,:r to Bill Albertson: Thank you tot "Mulling MuJlen's" (Nov. 20, SuHolk ']ime~). We're gktd you rcmindc.t dr,: public w~,a~ Locust Lane x~as like before 7-Eleven. h iqa~.g~ us realize how much we've lost and how much more we are still being asked to relinquish. Why should we turn our streets and quiet living over to two general busi- nesses? Just look at what both business- es have done to the area. We now have 18-wheeler trucks coming down Locust Lane and making three-point tums on L'Hommedieu. We have car carriers eroding our prope~ies and endaug~ring our streets. Just look at what this dealer- ship and 24-hour convenience store have done to Cottage Place and Route 25 -- bright lights, no grass, no trees, no side- walks anymore. A factory town atmos- phere has been created in the heart of our hamlet. We shouldn't be mulling a one-way street, a dead-end street or any f~rther inconvenience to accommodate these two general businesses. They've pushed their way into an area that's totally inap- propriate. In Southampton, they've solved the problem by moving the 7-Eleven away from the residential area to Sunrise Highway -- a major express route. Which made everybody, including 7- Eleven, happy. [Car] dealerships, as a rule, are located away from residential areas out of con- cern for the peace and safety of the com- munity. Perhaps we should mull some altema- ~iw' ,'~ptions instead of thc "potential compromises" you suggested. This time. all together -- the town officials, the enxqronmentalists and the neighbors. Jean San fc, rd '1, O o. Tb¢ SLlffoIk'q'ime&~' November '20; :1997/' Letters... Mulling Mullen's Southold Dear Troy: I try to keep my letters to the editor short. This may be an exception. Prior to the opening of the 7-Eleven the eastern part of the village was, for the most part, quiet. L~cust Lane was hardly used. One would have thought the opposition to the 7-Eleven with its 24- hour-a-day, seven-days-a-week op- eration would have been fierce. Environmentalists, town officials joining neighbors in trying to block this noisy eyesore. You would expect a fight equal to the fracas over McDonald's. We, the neighbors fought alone. Now, years later, opposition has risen over a parking lot. The potential com- promises are numerous: 1. Mullen Motors put a six-foot-high fence around the proposed parking lot with no access onto Locust Lane. 2. The town close off Locust Lane behind the 7-Eleven and Colonial Comers, making it a dead-end street. 3. Make Locust Lane a one-way street heading north onto Route 25. 4. Make all entries into the 7-Eleven from Route 25 and all exits onto Locust Lane 5. Ascertain the uses Mullen's envi- sions for this parking area and restrict the use to these objectives. Lastly, why blame Dick Mullen for the destroyed trees7 He, at this point, doesn't own the property. Bill Albertson Southold Town Planning Board Southold, N.Y. llq71 January 12,1998 RE: Mullen Motor Expansion Proposal Dear Members; As the property owner of 315 Cottage Place, Southold, I concerned with the devaluation of my property and that of my neighbors due to the planned expansion of Mullen Motors. am The Locust Lane lot adjoining my property provided a buffer from Main Street noise and lighting, Since this property has been destroyed, s~ has our privacy. It has become a disgrace to the neighborhood and the town of Southold. In previous corresoondence, I have made you aware of the s'teady flow of traffic ~nd noise which now exist in front of my property on Cottage Place. I am sure that you will consider this unsafe problem of congestion, traffic ans pollution and not approve a zoning change in our neighborhood. Any change in zoning can only increase our existing problems and downgrade this area even further. with so much available land in undeveloped areas on the east end, I am hoping that an alternative site for the Mullen Motor expansion project will be suggested so that our community can maintain its integrity and rural setting. I join with my neighbors in loo~lng forward to the restoration of the property on Locust Lane and the preservation of Colonial Corners. Sincerely, Barbara S. Adams POB ].074 shelter Island Hts., N.Y. 11965 (':ar (?a[rie~ parked v, rc~nL~ side o( road Traf(ie detouring into on t.'or]lirl~ lane Blind and unsafe clri~e~ i~ ,~xiq RBSBV~9) JAN 5 1998 RE(~IVED JAN ,5 1998 ~ Town CI~ Jean A. Sanford Locust Lane Southold, NY 11971 Walter J. Krupski, Jr. 315 Pat Lane Mattituck, NY 11952 Dear Mr. Krupski, January 5, 1998 After reading your letter to Supervisor Cochran in support of a Mullah Motors down zone, I was very concerned that you hear the "other side" of this issue. You start off saying, "1 believe that there are two sides to every issue and that both must receive equal consideration in order for an educated decision to be made." That's very true. So please give us equal time and try to understand why those who oppose the Mullen Motors down zone, feel their position is well taken. Mullen Motors started out as a small gas station on the edge of a residential neighborhood. As his success grew, so did his operation. But rather than find an appropriate location, he stayed in a residential area where expansion entailed the devaluation and destruction of a neighborhood. Most of this expansion took place in recent times. The car lots, the bubble show room, the chain link fences, the flood lights, the stretch of black macadam--not all this has been there for 70 years_ Mullen Motors expanded south demolishing the Finne home on Cottage Place--we are talking about residentially zoned property downgraded for a car lot. With it came: 10 unit Car Carriers swinging up on private property and eroding our residential streets, flood lights shining into bedroom windows till 11pm at night, macadam drain olf, clogged and congested access to Rt. 25, test driving, car alarms, workers, salesmen and customers monopolizing our roads--This is what we live with on a daily basis! You say, the Mullahs would not want".., to harm the beauty that is the North Fork." As you can see, they already have. Whatever has been "...given back to the community...", is no fair exchange for the damage and devaluation we have suffered in this area. Just look at Cottage Place. A residential area is an inappropriate location for a business that requires continual expansion. You say, "...the Mullahs have to live in our community too," but they don't live next to their own car dealership. How would Mr. Mullen's neighbors feel if he chose the entrance of their neighborhood in Mill Colony for this operation? Mill Colony doesnt even have street lights! That's the way they like it. Founders Estates once had nice entrances Ioo. Do you remember the two 18th century houses that were removed from our Village Main Street to make way for a Mullen Motors car lot? Both houses were exquisite examples of 18th century style architecture and part ol Southold's Colonial heritage. Chain link fence, macadam, towering flood lights and signs replaced them. These "improvements" do not look like they have "...always belonged there," as you suggest in your letter. We all know what has been lost. Now, it looks more like Rt. 58 in Riverhead. Today, more than ever, we need to protect those things that add beauty and meaning to our lives. All over the country, Town Planners are trying to preserve and reconstruct historic buildings and landscapes. Just take a look at the East End Edition in Newsday. Everyday, I:or Ihe past I:ew weeks, they have run articles on LI history. Articles featuring our historic Irain stations, museums, churches, custom houses, etc. We are part ct that tradition too. So let's not blow it. Let's not destroy our 1640 Village. Colonial Corners deserves to be saved. The quaint hamlet shops, the majestic old trees, the 2 historic houses along Main Street--these should not suffer the fate of removal or demolition. Where Feather Hill has failed, Colonial Corners has succeeded in charm and lull occupancy. It has been pointed out by Charles Voorhis in his environmental repor-TTo the Town Board that: "The proposed expansion o¢ the car dealership will present a conflict, particularly il the existing Colonial Corners Center were to be removed in the fulure. The center is traditional in design and is occupied by small businesses and would offer a visual bu~'fer as long as it remains."--NP&V Report 9/1-197, pp. 3. A change o[ zone for Mullah Motors will only ensure the loss of this charming little complex and the residential property adjacent to it. We find no compelling reason to eliminate residential property and hamlet shops Ior yet, another car lot. The growth of this facility is clearly "...out of proportion for the area. To render an educated decision, I join you in urging"...the members of the Town Board to look at how the past history of Mullen Motors has translormed into the present." Take a good hard look. It has been devastating. Yours truly, Jean A. Sanford STOP-Watch member cc: Southold Town Board Planning Board August 5, 1997 MRS. JEAN COCHRAN, TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK SUPERVISOR 11971-4642 Dear Jean: I have been following, with interest, the matter of the Mullen family's attempt to secure a zone change which would allow for the planned expansion of their business enterprise on the ~ain Road in Southold. After having tried to understand the pros and cons of this project, I feel that I should write to you to express my views. I believe that there are two sides to ever%, issue, and that both must receive equal consideration in order for an educated decision to be made. We all know that Mullen Motors is one of the oldest business establishments in Southold Town. The Company has provided many families here with a good decent living. Its owners are a fine family of hard working individuals whose actions both in and away from their business have exemplified dignity and class. The Mullen's are lifelong residents of Southold. They have a proven ~ track record of qiving_back something to the community and would- ,/ want no more to hai-m the beauty that is the North Fork than anyone/ ~-~ho t/uly cares about this ar~. -- If we looked back over the histor7 of this business, we would see a much smaller operation in the beginning. However, due to hard work, the Company has succeeded and grown. Over time, improvements were needed and were made. This had to happen. Nothing ever stays the same. Yes, the facilities have grown, but the improvements do not strike one as be.ing out of proportion for the area. They never have and probably never will. As I have said before,~the Mullen's have to live in our community t~oo.~ This is precisely why I feel that the Mullen family will do what they have to do bo deal with their current space needs, but will also do it in such a way so that one would think that the improvements were always there or always beI~n~ed_the__re3 -- I urge you and the me.~bers of the Town Board to look at how the past histor7 of Mullen Motors has transformed into the present and believe that the future will held no grea~er harm to Southold Town should this zoning change be allowed to take place. RECEIVED dAN $1998 ~ Town Cled~ William d. Mills III P.O. Box 2126 Greenport, NY 11944 Jean A. Sanford Locust Lane Soulhold, NY 11971 Dear Mr. Mills, January 5, 1998 We have read your letter to the Town Board in support of Mullen Motors. This application for a change of zone is not simply for "the rear section of the property known as Colonial Corners", but rather, the entire Colonial Corners complex, as well as a residential property. As residents of Locust Lane and Founders Estates, we find this objectionable given its proximity to our homes. The activities of a car dealership are incompatible with quaint Hamlet shops and densely populated, R-40 neighborhoods. You say this additional expansion will "reduce the amount of 'automobile clutter' on or near the Main Road." In truth, it will only serve to increase and expand this unsightliness. What makes you think it is acceptable for Locust Lane and Founders residents to view chain-link fences, macadam, and a monotonous row of "automobile clutter" as we leave and enter our homes? And what will it look like when the old homes of Colonial Corners succumb? Mullen's past expansions included the removal of two 18th Century homes from the Main Road. as well as the demolition of another on Cottage Place. Now again, this area is expected to offer up another Residential property. There is no way for this dealership to expand without destroying and devaluing all that surrounds it. Car dealerships and residences are not meant to coexist. Our zoning codes do not allow it. Mullen Motors has been the exception to the rule and just look at the results. We live with test-driving on our streets, 18 wheeler car carriers eroding private property, clogged and dangerous access to Route 25, car alarms, bright flood lights, macadam and chain-link fence. Wm. J. Mills & Co. could not expand where they were. Suffolk Times couldn't expand in their neighborhood. They didn't demolish adjacent properties. Even the Southold Post Office had to relocate to expand. It did not become a community problem. I don't see why the Town Board and the neighbors should be faced with this unreasonable request. No one is disputing that Mr. Mullen is a good employer and a generous contributor of "government and charitable organizations." While all this may be true, these acts do not justify allowing him to be made the exception to the rule, allowing expansion after expansion. Especially because of his inappropriate location. The health, safety and welfare of the surrounding neighbors has been compromised for years. From past experience, we already know it is not within the power of the Planning Board or anybody else to make this car dealership expansion workable within a Hamlet and Residential environment. Yours truly, Jean A. Sanford STOP-Watch member cc: Southold Town Board Planning Board Tel. (516) 477-1500 F=~x (516) 477-1504 J. Mills Sailmakers & Canvas Products Since 1880 A 125-127 MAIN STREET CORPORATION COMPANY 74100 WEST FRONT ST. P.O. BOX 2126 GREENPORT, N.Y. 11944 August 4, 1997 Supervisor Jean Cochran Soulhold Town Board Town of Southold Southold, NY 11971 Dcm' Superviser Coclxrau md Board Membem, This leaer h in mppm; of the zone ctmnge application by Mullen Motom for the rem- section of the property known as Colon~ Comm. Mullen Motors hm been Wovidktg se~ices m thc resiclent~ of fftc Town of Southold for seventy, years. Thia company is an ha~,orxant employer of $outhold Town residents. It's a~.uEE_ ?rt of goverament ~nd ctmritable organizatiom within the town i~ not One of the basic tenets ora btmine~ in a capita.list society is that il mint grow or it will die. The town cannot afford to hzve an important asset such as Mullea Motors die. From a practical standpoint it is in my undcmmnding rh~t if Mullcn Motnm is able to util/ze tl-tis site for park/nE ir will reduce ~e amount of"automobile chmeW on or near the ~hxin Road- I suggest it also will be a safety improveme~ - From the stmd~in£ of thc neighbom I sham their concerns. However, I trust abc Pl~mi~g Board ~,,~ rcquir~ ,q.,pLopt4.~ con/toN and rcqu/z'~m~ such as scrce'~g and a~cess pLac~-~nen£ tn rnin;m~Te thc hupa~t on thc hcalth, safety,- and welfare of~c surrounding neigt:t~. I again urge a posi~'e disposition of~his at:rplica6on. Sine.ely, WJ'M/m~n _ _ cc: Mr. R/ci'mrd Muflen - ~C.~IVED J~N .5 ,Sauthold Town Clerk Melanie Sanford Locust Lane Southold, NY 11971 William Lieblein Main Road Sou~hold. NY 11971 Dear Mr. Lieblein, January 5, 1998 I understand [rom your letter to Jean Cochran, that you want "...to go on record as favoring the zone change being requested by Mullen Motors." Bei'ore you go on record, I hope you know the record. Car dealerships are only allowed in General Business zones under special exception. They are not allowed in Hamlet or Residential zones--the 2 zones Mr. Mullen wanis tc~ downgrade tot his expansion. This request will not only devalue the surrounding homes 25%, but endanger the quaint little shops in Colonial Corners. Can you imagine what this will do to our Village Main Street? To eventually level Colonial Corners and have monotonous rows ol~ cars, trucks and vans running from the video store to Seven-Eleven? Already, two historic houses have been removed from the Main Road to make way for a Mullen Motors car lot. Do we really want to do the same to Colonial Corners? As you well know, we are a town that relies on tourism and summer people to sustain our local economy. The reason they come here is to enjoy the scenic beauty, swimming, boating, shopping and to just experience our rural atmosphere. They do not want to see suburban sprawl-and neither do we] The general concensus is that a car dealership is sprawling, unattractive and use intensive. That is why, out of concern [or the safety and well-being of the community, car dealerships are located away from Hamlet centers and residential areas. Many businesses, yours included, depend on Southold's beauty and charming vistas If the Town loses the quaint village shops in Colonial Corners, the grand trees, and two more historic houses along Route 25 to a car lot, it will be an aesthetic and architectural tragedy. This Colonial Corners complex buffers and mitigates the existing business intrusiveness that has already compromised the integrity of the area. The Finne home on Cottage Place was demolished for a car lot too. Obviously, this is not a good location for a business that requires continual expansion. The neighborhood has endured bright lights shining in bedroom windows till 11pm at night, car carriers unloading on residential streets and swinging up on private property, clogged and dangerous access to and from our homes, 6:30am hydrolic lifts, car alarms, test-driving etc. No other neighborhood in Soulhold is subjected to these dangers and indignities. You have a use intensive business, bui you are not situated in the Hamlet on top of a Residential Neighborhood. If you were, you wou-T-d-have other people to consider-- oiher [actors to take into account. I won'l go into the woes of what Seven-Eleven has done to our neighborhood, but downzoning Colonial Corners and Residential property will not "...relieve the congestion al the corner by the Seven-Eleven," as you state. If anything, intensifying the use to General Business for Mullen Molors will only intensi[y the congestion and tral'fic hazards. Whai seems to be a harmless change ol zone to a businessman, is an unacceplable act to Ihose ol us who will be living with all the negative aspects of this plan on a daily basis. You say, "granting ihe change will benefit the lown..." Bul as you can see, it will benefil the town, the hamlet or us--after all, we are the town too. Yours truly, Melanie Sanl'ord STOP-Watch cc: Southold Town Board Planning Board Port of Egypt Marine, Inc. ,'t4AIN ROAD / RCUTE 25 / -~CUTHOLC, LCNG ISL~J~D, Nb-~/ ,vCRK 1197] / $16 76 25_.~_/ FAX 516 7652592 1270 Cedar Drive Southold, NY 11971 November 30, 1997 To Southold Town Zoning Board, Twenty plus years ago my wife and I moved to the North Fork to start a family and make a life in one of the most beautiful places in the world. The talk of down zoning sends chills through my bones and reminds me of years past when my family would drive from Freeport to Bayshore on Merrick Road, now Montauk Highway, to get the ferry to Fire Island. In the early 50's there were small villages separated by farms and beautiful old homes along the road. One by one they began to disappear and by the early 60's they were almost all gone. Once you let down zoning start this will happen here as well. When you let the snowball start its down hill from that time until it is wall to wall stores on the main roads and beyond_ If we don't take control of this now, we will lose control for all time. Sincerely, PWY:scy cc: Southold Town Board Suffolk Times Traveler Watchman Newsday Peter W. Young 1~2JV1~ 1991 Jean A. Sanford Locust Lane Southold, NY 11971 Mr. Raymond W. Terry Jr. 610 Jockey Creek Drive Southold, NY 11971 Dear Mr. Terry, December 11, 1997 In your August 5th letter to Supervisor Cochran and the Southold Town Board, you say, Mr. Mullen" ._wouldn't do anything to harm the community." However, despite the concerns of local residents and the valid objections we have raised, Mr. Mullen is still pressing his application. Why would someone, well aware of the community's feelings, continue to do this? You say, "._.1 know their word is their bond...". But remember something very important. If the zoning amendment passes, the petitioner is not bound to honor any of the drawings or maps he presents or any verbal promises. He is only required to stay within the zoning classilications of General Business. Just look at the car lot on Cottage Place. That had a site plan too (please see enclosed site plan violations). No trees, no grass, no sidewalks anymore--all macadam and chain link lence. Can you remember the historic houses that graced our Main Road before they were removed for a Mullen Motors car lot? They were part of our achiteclural heritage and beautified our Village Main Street. What town allows a car dealership and car Io~ to sprawl in the center of its hamlet, near residential homes? Colonial Corners and its magnificent trees is also endangered by this car dealership expansion. It has been pointed out by Charles Voorhis in his environmental report that: "The proposed expansion ol the car dealership will present a conflict, parlicularly if the existing Colonial Corners Center were to be removed in the future. The center is traditional in design and is occupied by several small businesses, and would offer a visual buffer as long as it remains_"--NP&V Report 9/10/97, pp. 3. You wouldn't trade in your car for less than book value_ Why should Founders Estates be asked to trade in residential property for commercial use? Any "...plan for screening and improving the aesthetics of this lot", could never compare to that which has been destroyed. The natural wooded bulfer inc-'~ed majestic sugar maples that lined our street, Norwegian spruce, mulberry, honey suckle, common choke cherry, grey birch, etc. This natural wooded huller shielded us from the ugliness ol a car lot, bright lights and repair activity. While we're on the subject ct buflers, please observe Mullen's newly installed buffer along Cottage Place behind his repair shop. It doesn'l enhance or buffer a thing. Landscaping will never buffer the type of activities that are conducted in a car repair/dealership operation. No matter how you dress it up, let's face it, it's still a car Yours truly, Jean A. Santord . ,~ , STOP-Watch member cc: Southold Town Board Planning Board Raymond W. Terry Jr. ~10 Jockey Cre~k Drive P.O. Box 983 Southold, New York 11971 Home Phone 516 765 2567 Aa~st 5, 1997 Honor~le Je:m W. Coch.~an, Smpe_~'i.sor Southold Town ~ ~[~in ~:~ld. Southold. New York 1197I De,ir Jem~. A/ter ~admg Le~ers m the Ed,mr objecting to Mutlen Momm' r~lues~ for a zone chnng¢ Oll Loct~ Avenu~ I fe~l I must speak o~ on their behalf A.f~r doing business with d~ Nfiille~s for rift).' .xa~s I know their word is their bol:ld ~nt[ ~=y ~'ol~dll't do an?d~ing m tmrm the c~mmum~-. In spo~lcing with Dick~ bc told mc he has r~ained a l~-~.ne, arckitect to provide a plan For ~:eninff alld in~rovillg tile esth¢~/c~ of thi~ plot l v:commend the To~ Boa_rd appmw the Mullcn ~qum~ for a zone change. Jean A. Sanford Locust Lane Southold, NY 11971 Paul V. Murphy PO Box 735 Mattituck, NY 11952 Dear Mr. Murphy, December 11, 1997 We read your letter to the Town Board supporting a Mullen Motors expansion into our neighborhood. In you letter, you say, Mr. Mullen is a "...kind, honest, and fair person." Why then is he pressing his application? Why is he causing anquish and forcing us to retain an attorney, when he knows how his immediate neighbors teel? In the Nelson, Pope and Voorhis environmental report it states: "While we understand that the project is for a change of zoning to General Business (B), the proximity ef the site to the residential neighborhood is such that many uses allowed in General Business may be incompatible with the neighboring community."--NP&V Report 9/10/97, p. 2. No other town on the Eastend has a dealership in the hamlet near residential areas-- Not Greenport, Maltituck, Laurel...not even Riverhead. The fact that Mullen Motors has choosen Io situate itsell at the present sile and apply for expansion after expansion shows a lack of planning and genuine consideration for the neighborhood. A neighborhood, by the way, that was here well before the 1927 gas station. Barbara Adam's house dates back to 1903 and all the other homes on Cottage Place go back to the 1800's. As for Locust Lane, every house, including the Soto residence, predates the June 4, 1997 application to expand east into our neighborhood. The enlargement of the parking area does not make good sense. It might "..increase the tax base", as you say, but it will decreas-~he value of all Ihe homes around it. This is not good I'or us--his immediate neighbors. If this application goes through, we are looking at a 25% reduction in the value of our homes. Is that fair? ".._Giving generously to most all worthy causes..." is admirable, however, it does not mitigate all the negative aspects we are being asked to live with. I wonder i¢ you know what it's like living near an expanding car dealership. Bright lights shine in your windows till 11pm at night. Hydrolic lifts wake you up at 6:30 in the morning. Car Carriers unload in front of your home and swing dangerously up on property. Test drivers, workers, cars, trucks--everywhere. Please listen to us. II's not to everyone's advantage. Yours truly, ,lean ^. Santord SlO~-Watch member cc: Southold Town Board Planning Board Paul V ,~,;urpky P.O. Box 735 Mattituck L.I., NY 11952 August 4, 1997 Mrs. Jean W. Cochran, Supervisor Scuthold Town Hal! u O Box 1179 Southold, LI, ~Yf 1197! De~r Supervisor Cochran, ~.iy family ~nd i have known 'Dick' Mullen for ms_ny years; ho~h socially ~ud through business. We how 'Dick' as a kind, honest and fair person--ugiving generously all worthy causes that effec~ th~ life and well beir~ --of Southo!d Towr.. :.'_-. Mu!!en ~--ud his business, Mullen ~c~ors have always b~_._~==~ a %rue asset to Southold Town. .-impr°vements and~._ ~ddlt~9~.s~t o __zh e~ b u s in_~ _s s~ ~v_9~alw~_y~ h~ ~n~._we 11 out;--for the oene!z~ of the to~. and his i~ediate nle~hbors. The enlargemen% of the Parkin~ ~eas ~es gooa sense .... less tr~fic on %he roads, safer streets, =~c, etc(.it even mi~h~ increase the T~ Base). Please listen a_nd heed to what Mullen }~ovors are re- questL~_~--its to everyones advantage. you for your considerations. Please show zo To~n Board Members ~.^~: Muiien Motors Verdi z/~r y yours, fau± ¥ murphy Mr. Peter Coleman 2105 Deep Hole Drive Mattituck, NY 11952 Jean A Sanford Locust Lane Southold, NY 1971 Dear Mr, Coleman, December 11, 1997 I read your letter to Supervisor Cochran favoring the change of zone for Mullen Motors. You say in your letter, "_..[Mullen] has always had the community at heart__."_ Let me just say, lhat as Mr. Mullen's business has expanded and flourished, it has negatively impacted our neighborhood in Founders Estates and the Main Road. 10 unit Car Carriers have worn away our streets and properties. Bright lights shine into bedroom windows till 11pm at night. Car alarms, repair activity, test driving on our streets, clogged and dangerous roads, asphalt, chain link fence--this is what we live with on a daily basis. Any dealership placed nexl to residential, automatically devalues homes and ~]T~inishes the quality of life_ Let's reflect on Mullen Motors' past expansions. These have included the removal of two 18th century homes from their rightful place on the Main Road and the demolition of the Finne home--which now places Ihe adjacent Adam house in jeopardy Other 18th century homes on Cottage Place are also in danger of this creeping, never ending expansion. The dealership and its proposed expansion, has even threatened to drive small businesses ( like the 9 in Colonial Corners) out of our pedeslrian hamlet. Currently, the Board is working to keep retail shops in the hamlet cenlers. These are the kinds of businesses we want on our scenic Main Road and next to our residential properties_ The center of our historic Village is not Ihe place for a sprawling car dealership and car lot--for aesthetic and pragmatic reasons. Contrary to your statement, Mullen Motors expansions have not been "...in harmony with their Main Road business location." Out of concern for the peace and salety of a community, car dealerships are generally located away from residential areas. Our neighborhood on Cottage Place, Locust Lane and Hobart, should not be eegulled by destructive sprawl. We can not absorb anymore expansion and fear his next move toward our homes. It is at this point, Mullen Molors should be helped Io go where expansion is possible, appropriate and benign. This is good business. Yours truly, Jean A. Santord ¢-' ~' CC: Southold Town Board STOP-Watch member Planning Beard August 4. 1997 Jean Cochran. Supervisor Town of SouthoId Town Hall Main Street Southold, N"Y 11971 Dear Jean: As a life long and active and interested member of the comrm.mity, I would like to voice my opimon regarding the zone change application from Mullen Motors, Inc_ The management of this long standing, (70 years) business has always had the community, at heart and their place of business has been steadily improved over the years. In keeping with the population grow~ m their trade area, they have expanded the facility according to those nee~. This expansion has been orderly and in harmony with their Main Road business location. Th/s business which employs several local residents is a viable asset to the community and the request is both reasonable and in keeping with the growth of our town. Dick Mullen, Jr., wa~ unanimously voted as the 1996 Businessman of the Year by the Suffolk Times which says much about his character and standing in the commu_niry. Y_our interes~ and attention to this maaer is appreciated. Sincerely, Peter Co[emaa 2105 Deep Hole Drive Martimck. NY [ 1952 SITE PLAN VIOLATIONS I. Parking [.()[ TO the rear of Mullen Motors ah)ns (:Ollage ['lace u, as to be used [or Employee Parking Only. FacI. There ha',,'e been over 35 cars slored there overnighl. II violatiollt. 2. A [65 R. long grass buf,f,er, l0 ti. wide '¢.,i[1~ 27 six fl. hemlock trees ,,..,as supposed 1o separale the neighbor's ;'aluable properly from [tie car dealership. Fact. No 165 ft. long grassy hurler [0 R. ,,vide has been phmled. N,.~ hernlocks Crees have been planled eilhm. (2 violalions). 3. A 60 R. long chain link fence along with 60 ft of Iow growing shrubbery was to be insla[led Fact. '['tie f,ence has been laken down arid shrubber_,,' ripped old. replaced by macadam and parked car'-;, c2 ,,itllalioltsl 4. 'F,..,o 12 fool wide gates ,,,,'ere posted on eilher end of the I£mployee Parking Lot 1o control Ihe ingress arid egress of cars. Fact. The gates have been removed, replaced b_~ muhiple car access. ti violationl. 5. "Employee Parking Only "signs were supposed Io be inslalled in Employee Parking Lot. Fact. They have never been inslalled. (I violadon}. 6. 'f'he chain link fence enclosing Ihe CLJsIOIllCr Parking I,ol on Ihe Main Road, should ['Lin f'rom Ihe video slore lo about one-third the dls(anee to Cottage Place. Fact. The i,ence runs lhe whole lenglh of lhe Main Road lo Collage Place and 7 f,eet beyond lhe properly corner stone. Aisc. the Icl designated for Customer Parking and Dealership Sales. only has Dealership cars parked on il. [l ',. ](d al icm I. 7. No vehicles are allov,'ed between the addiLion and forward to Ihe norlh fronl properly line. Fact. Vehicles have been parking in lilts prohibiled zone. (1 violation). 8. Unshielded flood lighls and glare visible from adjacenl properlies, nol approved by Code. Fact. Dealership has insuff'icienl shielding on flood lighls creating glare and llghl disturbances. Town Code 100 239..5 slates. "All ouldoor lighting shall be shielded so lhal die source is not visible from adjacent properlies and roadways. [.ighling i,[xlures shall i,ocus and direcl Ihe light in such a manner as Io conlain [he light and glare within properly boundaries." The Neighborhood currendy Iolerales exeess],.'e [ighl and glare from Ihese intrusive f'lood ligh£s. (2 vh)lalhms) 9. Bubble showroom at the front was to have grass only belween il and Ihe Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Sile Plan. After gelling a hindsight okay i.rom the ZI1A with a 1994 Area Variance. Lhe emile [ronl landscaped area was macadamed over. This aclion violated the Site Plan once again, as well as the Area Variance granted lo the dealership on Sepl. 26. 1994. To dale. neither violation has been addressed. (2 violations). 10. Sufficienl visibilily should nol be adversely affecled. Fact. Siring of cars parked on macadam in f.ronl (ir bubble showroom adversely af'f'ecl file visibilily o[' drivers exiling Collage Place Ohm Ihe Main Road an accidenl wa/ling [o happen. (I violalion). Tolal Number of \qolat{ons-14 S.T.O.P- Waich Sou[hold 'I'own Organizalion for' Preservation Walch P.O. Box 1445. Soulhold. N.Y 11971 Information Pi/BI,IC DOMAIN galhered from Soulhold Town Planning Board and ZIIA I'iles. James H. Rich, Jr. Wells Avenue Southold, NY 11971 Jean A. Sanford Locust Lane Soufhold, NY 11971 Dear Jim, December 8, 1997 I read with great pain, your letter of support to the Town Board for a Mullen Motors Car Dealership expansion--"...to [he Locust Lane property in Sou[hold Viltage." Locust Lane and Southold Village are hardly the place for a sprawling, expanding, car dealership. It is clearly out of keeping with the character of our 1640 Village, which so many people are working hard to beautify and preserve. The consensus is that a car dealership is sprawling, ugly and use intensive. That is why Lucas Ford is located on a north-south axis beyond Rt. 48--so no one has to look at it when they're not buying a car. A westend salesman expressed surprise to even see a car dealership our here in this rural setting! Simply look at what Mullen Motors has already done to Cottage Place and our scenic Rt. 25. Endless macadam which drains into backyards and the nearby creek, no grass, no trees, no sidewalks anymore, chain link fence all the way, bright lights shining into bedroom windows till 11pm. Car alarms, repair activity, test driving and monopolization of our streets including his operation on the opposite side of Rt. 25. The whole area has taken on a factory town scenario--workers, cars, trucks everywhere. Founders Estates (R-40) is the most densely populated residential area of Southo[d. The traffic generated by the residents alone, keeps our streets busy enough without the added burden of Main Rd. truck-intensive businesses like Mullen Motors and Seven-Eleven. Conditions have become unlivable. These businesses use our streets as shortcuts and turn-abouts for their Main Rd. deliveries. No other neighborhood in Southold is subjected to the danger and abuse that we endure here from the Mullen Motors and Seven-Eleven business. Any lurther General Business expansion or down zoning in this area is unacceptable! You ask in you letter, "What would happen to Mullen's location on the Main Road if Muilen were to relocate?". I can envision quaint shops in our hamlet like Colonial Corners that co-exist happily with our residential neighborhood. And that is what would be there today if historic homes had remained in their rightful place on Rt. 25. Instead, they were removed for a Mullen Motors parking lot. All over the country builders and Town Planners are striving to both recreate and preserve our historic architecture. Greeport's downtown is architecturally cohesive. We in Southold should not be obliterating our colonial heritage. Even Riverhead has nol destroyed its downtown architecture. They do not situate their car dealerships in their hamlet and residential areas. In tact, there is a movement to relocate even FURTHER from their Main Road and into an Auto Mall on Mill Road. Mills ourgrew his location and had to move. The Suffolk Times had to relocate. And we are talking about old, historic, landmark businesses that go back to the 1800's. Even our post office had to make other arrangements in order to expand. They did James H. Rich, Jr. Wells Avenue Southold, NY 11971 Jean A. Sanford Locust Lane Southold, NY 11971 Dear Jim, December 8, 1997 I read with great pain, your letter of support to the Town Board for a Mullen Motors Car Dealership expansion--"...to the Locust Lane property in Southold Village." Locust Lane and Southold Village are hardly the place for a sprawling, expanding, car dealership. It is clearly out of keeping with the character of our 1640 Village, which so many people are working hard to beautify and preserve. The consensus is that a car dealership is sprawling, ugly and use intensive. That is why Lucas Ford is located on a north-south axis beyond Rt. 48--so no one has to look at it when they're not buying a car. A westend salesman expressed surprise to even see a car dealership our here in this rural setting! Simply look at what Mullen Motors has already done to Cottage Place and our scenic Rt. 25. Endless macadam which drains into backyards and the nearby creek, no grass, no trees, no sidewalks anymore, chain link fence all the way, bright lights shining into bedroom windows till 11pm. Car alarms, repair activity, test driving and monopolization of our streets including his operation on the opposite side o! Rt. 25. The whole area has taken on a lactory town scenario--workers~ cars, lrucks everywhere. Founders Estates (R-40) is the most densely populated residential area of Southold The traffic generated by the residents alone, keeps our streets busy enough without the added burden of Main Rd. truck-intensive businesses like Mullen Motors and Seven-Eleven. Conditions have become unlivable. These businesses use our streets as shortcuts and turn-abouts for their Main Rd. deliveries. No other neighborhood in Southold is subjected to the danger and abuse that we endure here from the Mullen Motors and Seven-Eleven business. Any lurther General Business expansion or down zoning in this area is unacceptable! You ask in you letter, "What would happen to Mullen's location on the Main Road if Mullen were to relocate?". [ can envision quaint shops in our hamlet like Colonial Corners that co-exist happily with our residential neighborhood. And that is what would be there today if historic homes had remained in their rightful place on Rt. 25. Instead, they were removed for a Mullen Motors parking lot. All over the country builders and Town Planners are striving to both recreate and preserve our historic architecture. Greeport's downtown is architecturally cohesive. We in Southold should not be obliterating our colonial heritage. Even Riverhead has not destroyed its downtown architecture. They do not situate their car dealerships in their hamlet and residential areas. In fact, there is a movement to relocate even FURTHER from their Main Road and into an Auto Mall on Mill Road. Mills ourgrew his ~ocation and had to move. The Suflolk Times had to relocate. And we are talking about old, historic, landmark businesses that go back to the 1800's. Even our post ollice had to make other arrangements in order to expand. They did not make it a community problem. There should not even be a "Mullen Motors Issue" In all lairness, the neighbors and Town Board shouldn't even have to be put in this position. A sprawling car dealership does not belong embedded in the hamlet, blighting our Main Village Sheet and cannibalizing any neighborhood. Sincerely, A. Sanford PS: I'm sorry to hear of your resignation from the Southold Town Preservation Committee. With Southold Town at such a strategic crossroad, you could have been a force for good. Now, more than ever, the decisions we make today will determine the hook and character ot Southold for always. CC: Southold Town Board`/'/'- Ben Orlowski--Planning Board Gerard Goehringer--ZBA Southold Town Board Southold Town Hall Main Road, Southold, NY 11971 To Southold Town Board, November 24, 1997 Once again, we are reporting to you another incident involving an 18 wheel Tractor Trailer Truck on Locust Lane. On Thursday afternoon, Nov. 20th, an 18 wheel delivery truck came rumbling down our road and made a 3 point turn onto L'hommedieu, then returned up Locust, swerving into the oncoming lane to avoid the parked garbage truck in front of the Schelin house, and then delivered its goods--in the No Parking zone (please see photos). The police were called at 12:45, but by the time Officer Gralton arrived, the truck had moved. Same scenario as last time--No Parking zone illegal, but the 3 point turn was permissible. Let me just mention that we have never had Tractor Trailer Trucks making 3 point turns on our streets until recently--and it seems to be catching on! They seem to think Locust and L'hommedieu is a Cul de Sac. I know of no other neighborhood in Southold--Yennecott, High Point Meadows, Jamine Lane, Mill Colony, etc --that has had to endure these dangers and indignities. Also. we are one of the most densely populated neighborhoods in Southold (R-40). There are towns like Setauket, East Hampton and Old Westbury that have taken steps to protect their neighborhoods by restricting the type of vehicles allowed on residential streets. This was achieved by posting signs prohibiting trucks over 2 tons (please see photo). The same could be done in Founders Estates. Although, I wonder how many signs Locust Lane can bear to make these Main Road businesses behave. We are not talking about U.P.S. vans, Federal Express trucks, NYNEX service vans, LILCO service trucks, Oil delivery trucks or other service vehicles making legitimate local deliveries or repairs. We are talking about Heavy Oversized Commercial vehicles that use residential side streets as short cuts to their real destination. Both Seven-Eleven and Mullen Motors are Route 25 operations. However, the Tractor Trailer Trucks and 18 wheel Car Carriers delivering to these operations, routinely use residential side streets to make their Route 25 deliveries. The results of these "short cuts" have been serious: --damage to private property --congested and dangerous streets --high noise infractions --an overall decline in the quality of our lives The Heavy Commercial vehicles servicing these Main Road businesses, should keep their deliveries as such--on the Main Road. Their problems shouldn't be everybody's problems. We turn to you, our Town Board, to help rectify these "fallout" conditions from these Main Road General Businesses. They are embedded in the most inappropriate zones--Hamlet and Residential. Yours truly, -~, ~.-h._~_ .... ~_ ,~-~,P- Melanie Sanford 18 Wheel Delivery Truck making 3 point turn on L'bommedieu & Locust Lane. 11,'20/97. 18 Wheeler traveling north on Locust swerves around garbage truck & parks in No Parking zone for delivery. 1120/97 Village ol Old Westbur¥ residential street sign reads: WEIGHT LIMIT 2 TOh NOV 1 7 1997 CAROLYN A. ZENK ATTORNEY AT LAW 121 Ponquogue Avenue Hampton Bays, New York 119¢6 §16-723-2341 ATTENTION: Judith Terry, Town Clerk Southold Town Board Southold Town Hall P.O.Bo× 1179 Southold, New York 11971 November 14th, 1997 Dear Madam Supervisor and Members of the Town Board, Adam Grossman and I represent the Sanford family and numerous residents with regard to the Mullen Motors, Inc. application to change the zoning adjacent to their business from residential and hamlet business to general business. Thank you for the opportunity to address your board in September. If you recall, at that time I had submitted an attorney affirmation which demonstrated that there were a number of "areas of environmental concern" that we believe that the Town Board must "thoroughly analyze" pursuant to the State Environmental Quality Review Act before you make a decision on this project or render a determination of significance. We are currently collecting data to contribute to the information base necessary for you to make these decisions. We would deeply appreciate an opportunity to make our concerns known to the board and its consultant before you make a decision p~rsuant to the State Environmental Quality Review Act. We understand of course, that it is the applicant's right and it would be in the interest of fair play that it also receive a chance to submit its case on the matter. I understand that ordinarily such information would take place at a public hearing. However, since the determination of significance is a critical matter with serious legal consequences, we believe that it would be beneficial to the board, the applicant, and our clients to be aware of key information now rather than later. We understand of course, that this same material would also have to be submitted at the hearing proper. AS your counsel has probably informed you, the threshold for requiring environmental impact statements is quite low. An EIS is required for any action that may have a significant effect on the environment. Thus, where there is doubt about a project's effects, it is usually wise to require such a document. page 2 Thank you for your kind consideration. Congratulations to the Supervisor and those members of the board who have been re-elected. Thank you to those members who have served so well in the past and moving on to other endeavors. are I hope the Supervisor had a chance to get to the Red Wood Forest in California. It is truly spectacular. The west coast is breath-taking. I had the privilege of enjoying much of its beauty while attending law school in Oregon. I . has inspired much of my own work related to maintaining the beauty and charm of the East End. I hope each of you is well. I look forward to meeting again. Sincerely, Carolyn~/Zenk ~' Attorney at Law cc: Sanfords Adam Grossman Katherine Newell Mayne Rose Hill 860 Baybeny Road Cutchogue, NY 11935 November 11, 1997 RECEIVED NOV 1 4 1997 To Southold Town Board, I wish to register my strong disapproval of any zomng change for the main street of Southold for its whole length, be it for Mullen Motors or any other business Colonial Comers is in good taste and should not be altered in any way. Car dealerships, spraxvling parking lots, gas stations and neon lights are a blot - an ugly blot - on our quiet village. Seven/Eleven should never have been allowed! Route 25 m Mattituck is a disgrace. Do xve want to look like that? A thousand times "NO"!! Yours_Ltmly Katherine N. Mayne 11/13/1997 13:33 51~-795-9359 AEROTECH PUBLICATION PAGE 02 Melanie Saniord Locust Lane Southold, NY 11{~71 Christine Mullen Murphy 560 Greton Court Mattituck, NY 119,52 Dear Christine, November' 11. 1997 I'm sorry that you feel we are ruining your lather's business, but to shout this in the King Kullen shopping center, Sunday Nov. 9th, while we were gathering names for our petition was uncalled for. Perhaps you should examine the lacts. Do you ever stop to consider that Mullah Motors car dealership is ruining our neighborhood? Take a look at Poliwoda's home facing the dealership on Cottage Place. They have grown a 2 story hetlge to buffer the noise and ugliness. Go down to Hobart Road at night and see the bright lights people are living with--not to mention the macadam drain off into their back yards and the nearby creek. Look at the corner of Locust Lane end Korn Road where car carriers come dangerously close to the corner house, wearing away property, and then swinging up onto Zito's ITont lawn. Such activities not only damage and devalue property, but endanger the welfare of residents. This is our neighborhood. These are our homes. To shout at the top of your lungs that the paint on my house predates your car dealership also shows a disrespect and unwarranted condescension on your part. My home is a beaufitul 18th century salt box for which my Mother especially has worked hard to buy and maintain. It is a little treasure--one of the few remaining architectural gems that used to dot our landscape. It is the kind of house that has 'twice been removed from our Main Road to make way for a Mullen Motors parking lot. Today, when homes are so hard to buy, they should be protected--not devalued and then demolished, which has been the fate of th~se near the Mullah Motors car dealership. I'm sure your brother Richard would agree, his being on the Affordable Housing Committee_ If you want to talk about any of these things-preservation of homes, scenic beauty, General Business downzoning of Colonial Corners and Residential property--or simply air your grievances, I suggest you use a more appropriate public forum such es the Southold Town Board Meetings...not the King Kullen shopping center. Your classmate P.S. In response to the dispute about who was here first, the homes on Cottage Place range from the early 1800's le the turn of the century and 13redate your family's 1927 gas station. And every house on Locust Lane. including the Soto's house, predates your June 4. 1997 application to expand into our neighborhood. c.c. Southold Town Board, Town Clerk, Ben Orlowski--PB, Gerard Goehringer--ZBA 11/13/1997 13:33 516-765-9359 AEROTEOH PUBLICATION PAGE 01 To: Judith Terry--Town Clerk Fax 765-1823 From: Melanie Sanford Fax 765-9359 Ph. 765-5426 Date: Nov. 13, 1997 Pages:2 Re: Letter to Christine Mullen Murphy regarding, Richard Mullen& William Mullen Change of Zone Application for SCTM# 1000-62-3 22.1 & 24.1 cc:Southold Town Board Ben Orlowski--PB Gerard Geohringer--ZBA Katherine Newell Mayne Rose Hill 860 Bayberry Road Cutchogue, NY 11935 November 11, 1997 To Southold Town Board, I wish to register my strong disapproval of any zoning change for the main street of Southold for its whole length, be it for Mullen Motors or any other business. Colomal Comers is m good taste and should not be altered in any xvay. Car dealerships, sprawling parking lots, gas stations and neon lights are a blot - an ugly blot - on our quiet village Seven/Eleven should never have been allowed! Route 25 m Mattimck is a disgrace. Do we want to look like that? A thousand times "NO"!! Yours truly, Katherine N Mayne a~XN W. COCHltAN SL~PERVISOR OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall. 53095 Main Road P O. Box 1179 Southold, New York 11971 Fax ¢516i 765-1823 Telephone 1516) 765-1889 To: Town Board From: Ruthanae Woodhull Date: November 10, 1997 Eve Sahuer of 1035 Oaldawn Avenue, Southold (765-2951), call~ to say the following: She is too old to come to any meemags and can't write a letter, but... She is attamantly opposed to a zone change for Mr. Mullen. There is nothing uglier in life than parking lots. Colomal Comers is charming just the way it is now and goes along with what Southold is all about. Mr. Mullen has enough money a~d does not need expansion. Several years ago she and her friends were concemefl that after they (her generation) die no one will care for the character of Southold, but she is so glad that is not tree with the present administration. She warned me ro let you know that this zone change is not an option as far as she is concerned and stated several times that she will not have it! pLANNING BOARD M~MBERS BENNETT ORLO%VSKI, JR. Chairman 9%qLLIAM g. CREMERS kTZNNETH L. EDx,VARDS GEORGE R[TCHIE LATH.~,I. JR. RICHARD G. WARD Town Hall, 3309S _Main Road P.O. Box 1179 Sourhold. New York 11971 FaxrS16, 765-3136 Telephone ~516) 765-[938 October 27, 1997 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Carolyn A. Zenk, Esq. 121 Ponquogue Ave. Hampton Bays, NY 11946 Re: FOIL Request to Identify Documents Comprising the Southold Comprehensive Plan Dear Ms. Zenk: This is in response to your letter and telephone call regarding the above-noted FOIL request in which your client asked for all minutes, meeting notes and other documentation related to the Master Plan Update process in addition to the following documents which already were in her possession: Master Plan Summary 1985 Master Plan Background Studies Stewardship Task Force Recommendations - 1994 Planning & Zoning Committee files from 1994-1997 The additional documentation that was presented to your client consisted of boxes of other material containing minutes and meeting notes which were unsorted. I am unable to answer your request for a synopsis of the contents of these boxes because much of it predates my employment with the Town. I was hired in May of 1987 and was not privy to discussions and correspondence that took place prior to that time. The Town Board adopted the Zoning Code and Zoning Map by resolution in 1989. My understanding is that while these two documents are the only documents that were formally adopted by the Town Board, the Town has referred to the Stewardship Task Force Recommendations and its own resolutions regarding planning policy for Route 48 and the hamlets, both of which I believe are referred to in the Planning and Zoning Committee files. In September the Supervisor released the latest planning policy document, a copy of which is enclosed. The 1989 Zoning Code has been amended several times: with many of these revisions the statement of legisltive intent may be useful to you in your endeavor. Page 2 COiL Request to Identify Oocuments Comprising [he Southold Comprehensive Plan October 27, 1997 The subject properties of Mullen Motors have approved site plans. The Planning Board does not have any applications before it for an amended site plan for the Mullen Motors properties. The Planning Board will be conducting a review of the proposed zone change when the Town Board refers the matter to it for a report. This has not occurred yet since the Town Board is still conducting an environmental review of the proposal. Therefore bt would be inappropriate of me to comment on this change of zone at this particular moment. SincereLy, Valerie Scopaz Town Planner enc. CC: Judith T. Terry, Town Clerk Laury P. Dowd, Town Attorney MEMORANDUM TO: FROM: DATE: RE: Valerie Scopaz Town Attorney October 23, 1997 Zenk FOIL Request As you asked, I reviewed the response you have prepared for Ms. Zenk. As you know, she is trying to avoid having to review several boxes of files by asking you to identify the documents which comprise the comprehensive plan. Maybe you misinterpreted her letter on purpose, but I don't think she was asking you to synopsize the contents of the boxes. She was asking what documents constitute the comprehensive plan. Since all are planning decisions are supposed to be consistent with that plan, I suggest we should be able to identify the major elements we are relying upon. If you can't, then you are right to answer her question as you have. I agree with the bulk of your letter, but suggest you add a clause to your letter which will give us some flexibility. "Town Law §272-a provides that a town comprehensive plan means the materials (including maps, charts, studies, resolutions and reports) thai identify the goals, policies, and instruments for the growth and development of the town. Therefore, the documents I list in my letter are part of the comprehensive plan, but are not all-inclusive." Page 2 October 23, 1997 This provides for the multitude of other things that may affect Mullens rezoning, like the Route 48 through-road policy, transportation studies, etc. I imagine all these things, and other things I haven't even thought of, will be factors that will be considered in analyzing the rezoning, and I don't want your letter to lock us in too tightly to [he items you list. WILLIAM J. CREMERS g~NNETH L. EDWARDS GEORGE RITCHIE LATHA~I. J R. %~FFOL/( October 22, 1997 I~IANN IN(~ I~0^ I{,I) TOWN OF SOU'I'[IOLI) Carolyn A. Zenk, Esq 121 Ponquogue Ave. Hamplon Bays, NY 11946 Re: FOIL Reques( to Identify Documents Comprising the Soulhold Comprehensive Plan Dear Ms. Zenk: This is in response (o your letler and telephone call regarding the above-noted FOIL Request. Your client's FOiL Request asked for all minules, meeting notes and other documentation related 1o Ihe Master Plan Update process in addition to Ihe following documenls which already were in her possession: Master Plan Summary 1985 Master Plan Background Studies Stewardship Task Force Recommendalions - 1994 Planning & Zoning Committee files from 1994-1997 The addilional documentation Iha( was presenled to your client consisted of boxes of documents which were unsorted. I am unable to answer your requesl for a synopsis of the conlenls of Ihese boxes because Ihey predale my employment wilh Ihe Town. I was hired in May of 1987 and was not privy to discussions and correspondence that took place prior Io Ihal time. The Town Board adopled the Zoning Code and Zoning Map by resolution in 1989. My understanding is that Ihese two documents are the only documents that were formally adopf, ed by the Town Board, The subject properties of Mullen Motors have approved site plans, The Planning Board does not have any applications before it for an amended sile plan for [he Mullen Motors properties The Planning Board will be conducting a review of the proposed zone change when the Town Board refers the matter Io il [or a report. This has not occurred yel since the Town Board is still conducting an environmental review of Ihe proposal. F"-~e rely, Valerie Sc~z~ Town Planner Southold Town Board Southold Town Hall 53095 Main Road $outhold, NY 11971 [CfJVED .~,~uthcid ~owr, Clef~ Dear Southold Town Board, October 8. 1997 Enclosed, please find the results of my Independant Survey with regard to restoring the southeast corner of my property. To prevent future damage from Tractor Trailer Trucks, Mullen Motor Car Carriers and Test Drivers,~rge the Town Board, Town Attorney and Highway Deptarment to implement the recommendations made by NYS licensed surveyor Marc Charest. If you will, please have the Highway Department notify me as to what date and approximate time the restoration will take place. I can be reached during the day via fax at 727-8076. My daytime phone number is 727-1150_ Thank you for your cooperation on this project. Very truly yours, _ ,'," ~ .~:' Janice J. Szczesny David R. Szczesny c.c. Mr. Ray Jacobs, Highway Dept. Bennett Orlowski, Planning Board Valerie Scopaz, Planning Board Ed Forrester, Code Enforcer/Bldg. Dept. Gerard Goehringer, ZBA Judith Terry, Town Clerk September 11, 1997 Northstar Surveying, P.C. 94 West Montauk Highway Hampton Bays, NY 11946 (516) 728-5330 fax 728-6707 David & Jan Szczesny 340 Locust Lane Southold NY 11971 Property Located at Kern and Locust Ave. Southold. Dear Mr. & Mrs Szczesny, Enclosed are the surveys for the above referenced site. I would like to make a few suggestions for the Town of Southold to remedy the problem you have found on the site. First, the patched area at the southeasterly corner of the property should be removed and restored to a natural condition. That is, a grade gently sloping from the current grass area to the original edge of pavement location. Also, a sharper radius on the corner is warranted by the narrow right of way on Locust Avenue. Although I am not a traffic engineer, it seems the volume of traffic the local residential streets have to carry is excessive. The narrow pavement and sharp corners were probably designed for cars and light trucks, not the heavier vehicles using the roadways currently. Indeed, the local streets surrounding this site were mapped in about 1870, even before the motor vehicle. Since then the character of the traffic has changed, placing a heavy burden on the local streets. The Town should engage in a restriction on heavy vehicles to remedy the congestion and damage to private property currently occurring. Sincerely, Northstar Surveying, PC ,,'/2 Marc E. Gharest, ES. With the records of Paul T. Canalize, L.S. Robert A. Kart, L.S. Good Ground Surveyors, P.C. Photo I Worn away S.E, corner of ii1), property, Photo 2 Mullen Motors car carrier on Korn Rd ot Korn ltd & Lo,oust Lane. Photo 3 Stakes put up in effort lo stop further encroachment frot'n tractor trailer trtlck£ onto my front lawn. Notice patching jot- near edge of my Property[ L_ 0 C d S 'T',~o,~~ S22'21 '20'£~__.~ -- - - ~ '" co Nc. 9.8' PIG LOt 25 ~ oEc~ NIZ'10'IO"W PlO LOT 24 4' ro 6' S)igC, K. ADE FENCE ON LINE 99. 78' PIG LO1- 24 IRON .._._---f PATCHED AREA RESTORE PATCHED AREA TO NATURAL. CERTIFIED TO: JAN & DAVID SZCZESNY EAS£MENI'$ AND/OR SUBSURFACE S?RUCTURE5 RECORDEO OR UNRECOROEO JOB NO. F860 ~o~N~ MAP NO. J99 ~ ~-9~. F/LED 10/6/1870 ~ '''~, REVISIONS: ~~~ SURVEY OF Part of lots 24 & 25 MAP OF JENNIE A. COCHRANE SITUATE AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SCALE I" = 20' AUGUST 25, 1997 $.C.T.M. DIST. 1000 SEC. 62 BLK. OJ LOT 26 ........ SURyEYINC,~. C. -- P.O. Box ,709 ~.~"~ ¢'4~',~fontouk Highwoy Sa. yville, N-Y..¢~tC82 H~r~pton"'B~t..~, N.Y. 11946 (516.) 589-3657 V (51-~',) 728-5JJ0 YWth the records of: Paul T. Conolizo. L.S, Roberf A. Karl, L,S. Good Ground Surveyor~, P.C. -~To: S~outhold Town Board OCT 1,5 1997 Southold Town Board ~ot, tt~ol.4 Tmwn Cie, Southold Town Hall Box 1179 Southold, NY 11971 Dear Southold Town Board, Re: Richard F. Mullen III and William H. Mullen Change of Zone Application SCTM No. 1000-62-03-22.1 & 24.1 September 28, 1997 All members of the North Fork Bed & Breakfast Association, work very hard to preserve the warm and friendly quality of our community. We all have invested heavily--with effort, heart and money --in our businesses which are totally dependent on the preservation ol our historic setting. Keeping the identity and beauty of our Town for tomorrow, rests on planning decisions we make today. Currently, Colonial Corners and the adjacent Residential property are under review for possible downzoning to General Business. If this application is approved, what kind of precedent will it set for all of Southold Town and the Small Business Community? Once tn~s property ~s downzoned, anything can and may happen. A ~eneral Bumness aownzone would allow the following--fast food restaurants, car washes, motorcycle repair shops, warehouses and food packaging plants. These would be in direct competition with the interests of small business owners like ourselves. Please do not permit General Business downzoning in our Hamlet and Residential zones that would be totally incompatible with our Small Businesses, Residential Properties, and the Historic character of Our Town. Supervisor Cochran held a very well-attended and informative Business Symposium this year, out of which came the consensus that Agriculture (Wineries) and Tourism are the major economies of the North Fork, and the stabilizing force to the area. Therefore, we the members of the North Fork Bed & Breakfast Association are asking our Town Officials, Planning Board, Zoning Board, and Enforcement Officers to enforce the codes and zoning that help to preserve and protect the Treasure we call Southold Town. The North Fork Bed & Breakfast Association White Lions Inn, Greenport The Sterling Harbor House, Greenport Fordham House, Greenport Bed & Breakfast The Hedges, Southold Shorecrest, Southold Goose Creek Guest House, Southold The Tern Inn, Southold Home Port, Peconic To The Point, Cutchogue c.c: Ben Orlowski--Chairman, Planning Board Valerie $copaz--Town Planner Gerard Goehringer--Chairman, Z.B.A. Ed Forrester--Code Enforcer/Bldg. Dept. Judith Terry -Town Clerk Southold Town Board Southold Town Hall Box 1179 Southold, NY 11971 Dear Southold Town Board, September 28, 1997 All members of the North Fork Bed & Breakfast Association, work very hard to preserve the warm and friendly quality of our community. We all have invested heavily--with effort, heart and money --in our businesses which are totally dependent on the preservation of our historic setting. Keeping the identity and beauty of our Town for tomorrow, rests on planning decisions we make today. Currently, Colonial Corners and the adjacent Residential property are under review for possible downzoning to General Business. If this application is approved, what kind of precedent will it set for all of Southold Town and the Small Business Community? Once tl~s property ~s clownzoned, anytrnng can anO may happen. A ~eneral Business clownzone would allow the following--fast food restaurants, car washes, motorcycle repair shops, warehouses and food packaging plants. These would be in direct competition with the interests of small business owners like ourselves. Please do not permit General Business downzoning in our Hamlet and Residential zones that would be totally incompatible with our Small Businesses, Residential Properties, and the Historic character of Our Town. Supervisor Cochran held a very well-attended and informative Business Symposium this year, out of which came the consensus that Agriculture (Wineries) and Tourism are the major economies ot the North Fork, and the stabilizing force to the area. Theretore, we fhe members of the North Fork Bed & Breakfast Association are asking our Town Officials, Planning Board, Zoning Board, and Enforcement Otficers to enforce the codes and zoning that help to preserve and protect the Treasure we call Southold Town. The North Fork Bed & Breakfast Association White Lions Inn, Greenport The Sterling Harbor House, Greenport Fordham House, Greenport Bed & Breakfast The Hedges, Southold Shorecrest, Southold Goose Creek Guest House, Southold The Tern Inn, Southold Home Port, Peconic To The Point, Cutchogue c.c: Ben Orlowski- Chairman, Planning Board Valerie Scopaz--Town Planner Gerard Goehringer--Chairman. Z.B.A. Ed Forrester--Code Enforcer/Bldg. Dept. Judith Terry--Town Clerk R~C~ .:D OCT I 1997 Southold Town Boar~°uth~l~ T'~"~'n Southold Town Hall Box 1179 Southold, NY 11971 'X'To: Judith Terry--Town Clerk Re: Richard F. Mullen III and William H. IVlulIen Change of Zone Application SCTM No. 1000-62-03-22.1 & ?_4.1 Dear Southold Town Board, September 28, 1997 All members of the North Fork Bed & Breakfast Association, work very hard to preserve the warm and friendly quality of our community. We all have invested heavily--with effort, heart and money --in our businesses which are totally dependent on the preservation of our historic setting_ Keeping the identity and beauty of our Town for tomorrow, rests on planning decisions we make today. Currently, Colonial Corners and the adjacent Residential property are under review for possible downzoning to General Business. If this application is approved, what kind of precedent will it set for all of Southold Town and the Small Business Community? Once th~s property ~s downzoned, anytimng can and may happen. A (5eneral Business downzone would allow the following--fast food restaurants, car washes, motorcycle repair shops, warehouses and food packaging plants. These would be in direct competition with the interests of small business owners like ourselves. Please do not permit General Business downzoning in our Hamlet and Residential zones that would be totally incompatible with our Small Businesses, Residential Properties, and the Historic character of Our Town. Supervisor Cochran held a very well-attended and informative Business Symposium this year, out of which came the consensus that Agriculture (Wineries) and Tourism are the major economies of the North Fork, and the stabilizing force to the area. Therefore, we the members of the North Fork Bed & Breakfast Association are asking our Town Officials, Planning Board, Zoning Board, and Enforcement Officers to enforce the codes and zoning that help to preserve and protect the Treasure we call Southold Town. The North Fork Bed & Breakfast Association White Lions Inn, Greenport The Sterling Harbor House, Greenport Fordham House, Greenport Bed & Breakfast The Hedges, Southold Shorecrest, Southold Goose Creek Guest House, Southold The Tern Inn, Southold Home Port, Peconic To The Point, Cutchogue c.c: Ben Orlowski--Chairman. Planning Board Valerie Scopaz -Town Planner Gerard Goehringer--Chairman. Z.B.A. .Ed For['ester--Code Enforcer/Bldg. Dept. Judilh Terry--Town Clerk NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL - PLANNING CONSULTING 572 WALT WHITMAN ROAD MELVILLE, N.Y. 11747 (516) 427-5665 FAX (516) 427-5620 530~5 ~ain Road Judith Terry Customer No: 97208.002 9720~.0 Date: 10,'[0/97 Re: Chaage o+ Zone Petion HB & R-40 ~uoplement r~vtew der 7/22/97 iQemoraa~um. 500,00 ~500, O0 Southold Highway Dept. Raymond L. Jacobs, Supt_ Peconic Lane Peconic, NY 11958 5outhc~d ~wn C!~rk Helen W. Prince 1165 Founders Path Southold, NY 11971 October 9, 1997 Dear Mr. Jacobs, With regard to my letter dated September 17th, asking about the tence extending beyond the corner stone on Mullen Motors' property, I wish to thank you tor looking into the matter. I noticed on Monday, October 6th, that all of the tencing beyond the corner stone had been removed. It is a great improvement. Thank you for your prompt attention. Most Sincerely, Helen W. Prince Helen W. Prince 1165 Founders Path Southold, N.Y. 1197l Southold Highway Department Raymond L. Jacobs, Supt. Peconic Lane, Pecomc NY 11958 Dear Mr. Jacobs, There is a cornerstone on the Main Road along Mullen Motors' fence on the west side of Cottage Place. The fence goes beyond this stone and encloses about seven feet of public domain along Cottage Place that should be left as a pedestrian walk for the public's use. Can this problem be looked into and addressed? Thank you Sincerely, Helen W. Prince Southold Town Board Southold Town Hall Main Road Southold, NY 11971 To Southold Town Board, October 7, 1997 On my way home from work Sunday evening (October 5), I turned onto Locust Lane and there was a 16 wheel McLane delivery truck. It was parked on the wrong side of the street, facing south, in the Seven-Eleven, No Parking zone delivering its goods. Sometimes this truck stretches across the road to Colonial Corners, completely blocking access on Locust Lane and forcing us to go to Town Harbor (see photos). Around 7:15 pm while we and other neighbors were enjoying Sunday evening peace and quiet, this truck came down our road, shaking all our homes with its weight and noise. It went to L'hommedieu and proceeded to make a 3 point turn_ First, it turned left, stopped, backed up, stopped again, proceeded forward up onto an embankment and private property and then back onto Locust. Can you picture a 3 point turn on this corner? In the dark? After this sloppy and dangerous maneuver, the truck returned up Locust and parked once again, at the Seven-Eleven, No Parking zone. At 7:20 pm we called the police. When they arrived, the truck had already gone, but Sgt. Sinning said he had spoken with the driver earlier that evening and had told him not to park in that zone. Although Sgt. Sinning agreed it was wrong to make a 3 point turn, go up on private property and park in a No Parking zone, the general attitude was that these are Town roads and free to everyone. We hear so much about freedom, but freedom has always to be balanced with responsibility. The Constitution, with all its talk about lreedom, was written primarily for an agrarian society where everyone valued and cared about the land--not for an industrialized one. This incident totally reinforces our resolve against anymore downzoning at the entrances to Founders Estates. It is not the place for this industrial complex. If the property on which Seven-Eleven now stands had not been previously downzoned Business for a gas station, we would not have Seven-Eleven and all the problems that go with it, today. Please consider the problems the residents of Founders Estates are already bearing by this Seven-Eleven decision and do not allow anymore business downzoning in our Hamlet and Residential area_ Yours truly, ' RIR., ,rED tr, [997 Southold ?own Helen W. Prince 1165 Founders Path Southold, NY 11971 October 9, 1997 Southold Highway Dept. Raymond L. Jacobs, Supt. Peconic Lane Peconic, NY 11958 Dear Mr. dacobs, With regard to my letter dated September 17th, asking about the fence extending beyond the corner stone on Mullen Motors' property, I wish to thank you for looking into the matter. I noticed on Monday, October 6th, that all of the fencing beyond the corner stone had been removed. It is a great improvement. Thank you l~or your prompt attention. Most Sincerely, Helen W. Prince Helen W. Prince 1165 Founders Path Southold, N.Y. 11971 Southold Highway Department Raymond L. Jacobs, Supt. Peconic Lane, Peconic NY 11958 Dear Mr. Jacobs, There is a cornerstone on the Mare Road along Mullen Motors' fence on the west side of Cottage Place. The fence goes beyond this stone and encloses about seven feet of public domain along Cottage Place that should be left as a pedestrian walk for the pubhc's use. Can this problem be looked into and addressed? Thank you. Sincerely, Helen W. Phnce ~/~8/1997 11;45 7232341 - .~ C~OLYN ZENK ESO PAGE 81 121 Ponquogue Avenue Hampton Bayer Hew York 119~6 Southold, MOM York ATTKNTXOH; Judith Terry October 8~h, 1997 RECEIVED OCT 1997 SO~*~old T~..n Cler~ BY FAX: 765-3136 ~65-1823 DnmF Mg. S~opaz, ~ecords Assess O~fXcer under the Freedom af Xn~orma~on Law. morning oonce~ntn~ an applicat&on for a change of zone wh&cb, &£ granted, uouXd enable ~hn #uXXen J(otcrs Corporation to eup~nd near a ras&dentXal neighborhood. X an ~he a~orna~ o~ record ~or ~he S&uford ~am&X~ ~od a number of res&dents nons ~ha~ s~te. Z am a~ao the General Counsel foe the Group for the South Fork &n Bridgehamptnn, a very ~el~-reapect®d profess~onall~ staffed environmental protection organ&zat&on, and ! occ&s&onall~ represent tho aorth Fork Env[ronuanta~ Ns. Do~d. &n~?rmm me tha~ you are among ~he most &alGomed persons conc®rn~ng cnn To~n of Southo~d's planning doouueu~s. My c&~en~s ~ntX~ puc_~n a ~r~a~om o~ Xuformat&on Request to t~e ~own Clerk ~ng EOF a~X matarxaxs ro&a~ed to ~our Comprehensive PXRn. ! am. f.s~ve t~ ~nd ~xpanse. X also wish to ensure that X ba;~-~e~;~;;~- · p naive p~enn£~g aB it relates to Mullah Motors, and Southold's nus~nass zones, spec~f&c?lly tho general business end hamle~ bus&ness ~hoZ°nes'ka~GLvenplann&ng~°Urdocunonta.axPer~oe' ! am requesting that ~ou help to &dentify page 2 As you probably knoM~ under ~ow ~ork law, zoning must bo w£th a oomprmbeus£vo pXun. Thus, sonAng &mendmenCa must also be mau~ur plan, s~ud~es ~onduo~od by the to~n, ~o~ma~ ~esolut~on8, and Adeu~if~ ~ho d~mou~u ~ha~ constitute ~he ~prehensive pXan. One should also amoebean uh~h asea have ~eeu ~o~a~l~ adop~od. ComprohensXve P~n and send thom to me by ~a~ C~u~d you ~form to ~hether they have been adopted by ~he ~own Board? Could you p~nn~ng ef£or~s, ~nclud~ng the documents e~rron~y used by your u~£~c~nls, and an~ o~or~s Co update your plan? · ) M&s~er Plan Sumsmr~ 199S 2) Master e~an Background 198~ 3) Stewardship Task For~a 199~ ¢) PZann£ng and Son~ng Committee ~les 199~-1997 Hove the ~hroe doc~ments mentioned been formally adopted b~ the To~n property and ne£ghbo~bood? conducting a revieM of your c~mprehenaive plann£n9 do,emends to determine £f tho Mukden Motor CoL'paterSon's request for a zone change pro~esuAonal advice are begAnning ~o ~es~rAc~ ~re c~ercAal, car- auburb~ Bp~aM~; a~o une~rac~Ave, and a~e des~ruc~Lve ~o a bus,ness clA~e dependen~ on ~ouriam. documents and the enamors to the above questions to me. Thank ~ou for your promp~ a~ton~on cc: ~ud~th T. Terry, ToMe Clerk RECEIVED Southold Town Board Southold Town Hall Main Road Southold, NY 11971 OCT 7 1997 $outJ~olc~ Tm,,'n Re: Richard F. Mullen III and William H. Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 To Southold Town Board, October 7, 1997 Please find letters from concerned residents and highlighted and annotated newsclippings in regard to the Mullen Motors change of zone application. Sincerely. ,. /'i ~ --', S.T.O.P.-Watch Member c.c: Ben Orlowski--Planning Board Valerie Scopaz--Planning Board Ed Forrester--Code Enforcer/Bldg. Dept. Gerard Goehringer--Z.B.A. Judith Terry-Town Clerk SOUTHOLD-~Citing several poten- tial conflic:ts'w, ith n~hbors, a town con- sultant has recommended an additional envirom:nemal study on Mu.Uen Motors' request for a zone change on two lots adjacent to the Mare Road dealership. In its report to the Town Board, the Nelson, Pope and Voorhis firm of Melville stopped short of recommending the completion of a full environmental impact statement, but said the board may demand such a detailed analysis. Mullen Motors is in contract to pur- chase a 1.25-acre parcel that includes the Colomal Corners store complex and a smaller vacant property immedia(ely to the south. Colonial Comers is in the Hamlet Business (l-lB) zone and the open parcel is residential. Mullen is ask- lng for a switdh to General Business (B) llLOrder to pemlit eventual exDart~ion of the deale~aip. '~"fi"~'lYli~-said it ~ no immediate plans to raze the Colonial Comers stores but is looking to convert the residential site to parking_ The zone clumge appli- cation generated no public opposition until a professional tree trimming eom- paay cut down several mature trees along the Locust Avenue side of the res- idential lot_ That angered neighboring residents and prompted the town to order thc Voorhis fu'm to re, consider its initial environmental asses~mant. The trees removed ar~ between 60 and -80 yea~ old, the consultant said in rec- ommending that the town order a planting project a.s a condition of site plan approval. "Use of transplanted older trees, rather than s~.dlings, would be preferable in order to provide imme- diate screening," the report said. Consistency Q-esrioned That document said the Mu[ten quest poses some basic planning prob- lems_ Since it include ........ ~.the co_mpany said, '%. ilg: More Study For Mullen Move / By Tim Kelly . of this zonine into residential ~e arc~~ _~,'~ in__~dicares that the proposed eha~ zone is generally not consistent with the s_uurroundin~z The ~'eport adds that the expansion "w~ orec~cot a conflict~o~ · existing Colonial Comers center were to -b.e~re_ The center is tradition_al in desiKn and several small businesses and would offe~r ~uffer as Lo~' ~it remains." / An Fncrease i~sines_s acuwty, the report said, "would b¢ expected to result in certain cultural impacts, hicluthng aes- thetics iasues~ lighis and noise." It adds, however, that the existing Coionial Cor- ners shops now present such impacts. It adds: "The general iocrease in activity may compromise aesthetic qualities of tho n~a.rby residential area, if site use is not properly designed and controlled." The Voorhis company did not rec- ommend against the zone change, but did say "mitigation as well as alterna- tives should be explored in order to en- sure that land use incompatibility is minimized." The impacts could be soft- ened through plantings and lighting re- strictions, the report stated. The company said the application gives the town and Mollen the chance to review th~ business's overall operations. "Both Mullen Motors and the town may be able to use this as an opportunity to improve compatibility with the existing operations, in an effort to ~ve Motors be a good nei~bor," the com- pany said_ Julie Sanford, one of a group of resi- dents actively opposing the zone d~ange, said the report "gives us new hope." Councilman Bill Moore said the Town Board has yet to discuss the findings and is exl~cted to do so during its meeting nextTuesday. "If.he's recommending mom analysis, I suspec~ that more analy- sis it shall be," he said. Rich Mullen of Mullen Motors de- cliaod to comment. 20 · The Suffolk Times · September 11. 1997 e ...... 31,: STOP THIS, Trees are down, property paved. Traffic congested on Locust Lane. Colonial Corners crowded out A big car salesroom, lots of clout. The houses nearby can't sell as homes Completely de-valued, stand empty and lone. No trees, no grass, no neighbors; it's SAD Not enough people had sp-nk and got MAD. _Southold _Town Organization for Preservation- Watch (STOP-WATCH) Ms. San~ord Mr. Marlin Mrs. Prince 765~5426 765~i 20 ' ' 765-3006 To Stop Downgrading, writ~ Southold Tawn Board Southold Town Hall, Main Road, Southold, 11971 or [ax 765-1823 Letters To The Editor Mullen Expansion _OpR_osed Sc, car repairs, car carriers, test-driving, etc.. demon- -- - strate the inappropriateness of any more expansion. AN OP,5.N LE'Y~ER TO THE SOUTH. OLD TOWN BOARD: As a homeowner on Locust Lane, I am totally a~ainst Mullen'&.olans tbr i~mre oar_king and storage 1 am a resident of Locust Lane and former employee orLLOcust and Main Road. [ only say mis out of con- o f Mullen Motors. [ have had a long association with cern 10r the devaluation of my home and those of my the Mullen family both personally and professionally, neivhbors. Over the years. Mullen Motors yew from a small family operation to a corporate car dealership. This change has presented problems to residents that ini- tially were no cause for alarm. However, recent yeah have proven that conditions have become unaccept- able. Yhe destruct/on of homes, trees, increased traf- Any fiJrther expansion should take p[ace on prop- erty already zoned for General Business. Harry J. Mitchell, S.T.O.P.-Watch member, Southold Continued on Next Page STOP TIllS, PLEASE Trees are down, property paved Traffic congested on Locust Lane Colonial Corners crowded out A big car salesroom, lots of clout The houses nearby can't sell as homes Completely de-valued stand empty and lone No trees, no grass, no neighbors, it's SAD Not enough people had Spunk and got MAD Don't let this happen to our community Get MAD! Get INVOLVED ($.T.O.P. - WATCH) Southold Town Organization for Preservation - Watch NextMeeli.~n Wednesdav, September 24th, 7:30 p.m. For Info Call 765-5426 or 3006 or 3120 .Something's _W~ro~ng Editon 1[ there's any doubt to the fact that something is wrong with the future planning, not only of Rivethead Town, but the entire Island. take a ride to Iron Pier Beach in Nor~hville. NY. It will definitely firm up your suspicions that something's wrong. It's hard to believe.that any agency, state, county, town. would allow the "almost" complete stripping of a piece o f property, especially on the shoreline! It took letters to the local paper to open your eyes to this de- struction? Are there any guidelines to be followed? Apparently not! Just come in and destroy what's there. We'll replant later. Why not work with what you have? I guess that's how it's done in Manhattan. And the stop work order, what good is it now, the damage ~s done! tn reference to the "acceptable resto- cat,on plan." as sm. ted in the News-Review article on page 3. August 14. !997. What can that include'? Do we have a couple hundred years to see that happen'? I'm not an environmentalist and do not belong to any environmental groups, but you don't have to be a sci- entist to know that th~s area is ruined forever. The town might as well let them finish the assault! I guess the disadvantage of having been bom and raised here, is watching the utter destruction of our town, by projects such as this one, which must be important, otherwtse it never would have gone this far. It really is disgusting. I really wonder if my children will grow up, live here and enjoy this town as I have. or will it just be one of those places that they remember living! Bob Andruszkiewicz Aquebogue P.S. Tothe r~eople in Southold Town thatJ~ost the trees near Mullen Moto~.Xake a ride~u-p to Iron Pie~. A real eve opener, complete with tears. Pb, a~e. Don't Do It Editor -- ._~en Letter to Dic. k Mullen: Upon return from my tour of duty in WWll, I came home to Southold town and purchased my firs't car from Mullen Motors. It was a Plymouth Business Coup 19a I--jet black with chrome grill, 6 cylinders in mint condition. We shook hands and I drove away_ Fifty years later, my most recent purchase is again a Mullen Motors car. It's nice to have a family business with cominuily where the important things don't change. It's also nice to have a neighborhood with continuiw where the im- portant things don't change-- safe and quiet streem. yards to play in and good neighbors who have mutual concern for the well-being of others. When you live in a small town. you work beside each other-- you live beside each other. Thc San fords and the Mullens go hack to the Brickyard days. Just as ':'our family contributed to the success of our family business then. lo:al employees and custolners like myself contribute to Ihe success o£ Muilen Molors destroy our residential neighborhoods by allowing the encroachment o fcommercial business. Nor should the character of our historic town be diminished by the downing of old homes which currently serve smah hamlet businessmen_ In ollter words, let us keep Southold Town looking like a town and our neighbor- hoods a place in which we feel safe and proud to live. I respectfully ask you to withdraw your applica- tion to expand Mullen Motors' commercial car dealership into our residential and hamlet community. a community that should retain its integrity. Walter H Sanfurd Southotd What thd we do w~ong? $ome~Lo~ ~.bout being too close Io the C~nter of the htde road. But th. at toad a.ad we have existed happily together for yea~! What did we do w'roag? Nothiag that Letters From previous page tended to live -- 'yin shade and abel- mr to our friends thc bin:l& .~.d detip_,ht to · ~w~o pascal by alld t~__Ked up at.~._ ~ ~ ~Arllat did we do wrong that somgo~e sho~id dedicate his vacation m t~lrin~ ou~ Eves? 'mc wo~lt,,m~- could not be ~opped~ he had thc I uf ttis side, thc ~t of the law ~td not 5o now wc 1i¢ by thc ~d¢ of ~c ~ -- tcmaed il~ along with the wild mst: that bloomed so swr~dy this spring and ow companions the maple saplings, and Queen Ana¢'s lace. What did we do wrong? We did aot scratch an¥oae's car, nor did we obstru~ ended and now we await the clcataace team who will pi~ us ap this fall and have us shr~cl~ for mulch. But wc Mall have the last laugh, for we shail maa"a ua the ¢a~'th as aourish- mcat for o,her living tings What will become of ~he woodcutter? We hope he .... Maniyn Flynn ~- Open letter to Dick Mullen August 24, 1997 Dear Dick, Upon return from my tour of duty in WWH, I came home to Southold town and purchased my 1st car from Mullen Motors_ It was a Plymouth Business Coup 1941-- jet black with chrome grill, 6 cylinders in mint condition. We shook hands and I drove away. Fifty years later, my most recent purchase is again a Mul(en Motors car. It's nice to have a family business with continuity where the important things don't change. It's also nice to have a neighborhood with continuity where the important [hings don't change--sale and quiet streets, yards to play in and good neighbors who have mutual concern for the well-being of others. When you live in a small town, you work beside each other--you live beside each other. The Sanfords and the Mullens go back tc the Brickyard days. Just as your family contributed to the success of our family business then, loyal employees and customers like myself contribute to the success ol Mullen Motors today. Change comes to all of us, to everything--but it must not sacrifice "the quality of life". We must not destroy our residential neighborhoods by allowing the encroachment of commercial business. Nor should the character of our historic town be diminished by the downing of old homes which currently serve small hamlet businessmen. In other words, let us keep Southold town looking like a town and our neighborhoods a place in which we feel safe and proud to live. I respectfully ask you to withdraw your application to expand Mullen Motors' commercial car dealership into our residential and hamlet community. A community that shoud retain its integrity. Sincerely, Walter H. Sanford Southold Town Board Southol. d Town Hell Mazn Road Southo]d, NY 11971 RECEIVED OC[ 7 1997 To Southold Tow~ Board, October 5, 1997 I res.de at 31b Cottage Place, Lhe p/operty adlacent to Mullen Motors' Employee ParKing Lot. Tnzs £ot .s used for more than j,~sE Employee Par~ing. Very offen, car repazr act.vity takes place in tHzs lot as well as overnzght storage. Car delmverzes are made in front of my house, b]c, ckzng my drzveway and cailsi~g noise and mnconvenlence. At nmght, {.he lights shine mn our windows. I~'s r~d~culous mn a Residential Area! Early ~n the mornmng, hydrolic car l~fts v~ake us up at 6:30am. I can't mmag~ne bezng surrounded on two sides by this operatmon. ~evon and i[ love thms hoese. It dates hack to the early 190C,'s. Th~s house would be adversely affected by any zone change. The nezghborhood cannot stand anymore. Please refuse any downzoning and "exceptmons" to our zoning code. Yours truly, David L~ss Devon Massar C.C. Ben OrlowsK]--Plannzng Board Vaierie Sco~)az--Plann.ng BoarO Ed Forrester--Code Enforcer/Bldg. Dept. Gerard Goehrznger--Z.B.A. Jud=th Terry--Town Clerk JLTDfTH T. T~P~RY TOWN CT .~.KK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS I~L-%.NAGEMENT OFFICER FREEDOM OF INFOR~IATION OFFICER Town Hall, 53095 Main Road P-O. Box 1179 SouLhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF TI-IE TOWN CI,F. RK TOWN OF SOUTHOLD October 3, 1997 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, New York 11944 Dear Ms. Gould: The Southold Town Board, at their September 30th work session, discussed the Supplemental Review of the EAF on the Mullen change of zone petition, and chose to request the applicant to prepare a Full EAF Part III, as described in the review, a copy of which is enclosed. I am also enclosing a copy of paper received from Carily A. Zenk, Esq., representing Melanie Sanford, Julie Sanford, and a number of neighbors living near Mullen Motors. After you have consulted with your clients, please advise me how you wish to proceed so I may convey your intentions to the Town Board. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Charles Voorhis, CEP, AICP Raymond L. Jacobs Supervisor of Highway Dept. Peconic Lane Pecomc, NY 11971 Dear Mr. Jaccbs, September 21, 1997 After speaking with you on Wednesday, September 17th, I was very relieved to hear that Locust Lane and the surrounding Founders Landing streets will be paved in bluestone and oil TI'lis is the material our streets have always been paved with. While you ware on vacation, Highway Department workers told us our neighborhood was to be blacktopped or micropaved. I am glad to hear that this is not the case_ We in the Founders area want to keep our streets leading to our homes as beautiful and natural-looking as they have always been. Founders Estates residents need to know that the entire Highway Department is aware that Founders Estates will receive bluestone a'-~"~oil and continue to receive bluestone for any future paving. Thank you again for rectifying this issue and keeping Southold beautiful. Ju '~Sanlord & Founders Estates Residents CO'?IA "':~A,-~- $OUTHOLD ,~-' '-" L.'~ ,¢-~ RESi~3E'"' IA,,. N~- ,~GHBORHOOD ,R-4~ II ,, Sanfo~d m HOM~S ,. M(_.'~VE_D/ DEMOLISHED for a MI,: EN MOTORS CAR LOT COLO~ TRIM Coionial Home & Street Tree (Demolished on Cottage Pla¢' Early Colonial Home I(Removed from Main Rd.) l,u~--~I. Sanforcl :.: Colonial Saltbox Home ~.?!- (Removed from Main Rd.) · '~.~*~.~ n/ox M. Sanfor~ MA Ih R~ ,..;olonial /]ell Hnu._~¢ .,."Mu.¢eum) '-' "Moore Heuse '~ "~, ' ;,.L.~ · Con verted 'P~ltnr' · , nn,~l Prince Building HAMLET BU$1NE~. DISTRICT . a x.~MIJl: [-ederalist Inn & Restaurant ~.o,,verted Greek ~'~?vival Ho, i' ~,. ~wer Shop) Converted Greek Revival Hot. .','P¢ '.'~I. Building) Style FZe.stauran; Sanf~rd HAMLET BUSINES: DISTIRCT Converted Federalist Home ~';olnnial Mansarri I~(~nfed Hot' (~'.olonial Saltbox Home -'" ':'· Converted Colonial Home ~1_/'~ i :i'( '.~A[ '~;(')UTHOLD HAMLET ¢USINE~ DISTR!C Federalist Inn & Restaurant ~7~'~.:,vival Ho, ,~onverted Greek Revival Hot- Building) Restauran~ ~anf~)rd MAIIv R( :J, C)WN ()F SOUTHOLD Mom & Pop Store-~-.~aved!! ;~,.. t ,; ' .~: _::'~ .¢~- .,t" ~ ' . %~_'*' ~: ,;, .. . ..:. ,. ~.,- . ~ ~ L- ,r-, · -. I ;. - ,~ , '''- '1 -~. ~:~:~.~ Colonial Shops ~= --' '~ ¢tco Cream Parlor Antique, (';on verted Colonia I Home "~. .: , A n floue ShoD) , ~ ~,, I:1 MULLEN ~ :, TORS CAR DEALERSHIP .,uths~cle. Rte. 25 ?~GENERAL BUSINES'~ Em bedded ~n HAMLET BUSINESS "~,DISTRICT Bubble Showroom SCTM# 1000-62-3-20, NE-- W 1 1,/0 7.-J. Sanfore No Gras¢ No Curbing, No Sidewalk Adams Chain/ink · 41qR--JYf. Sanfor, .,4onontonous Rows of: Cars, Macadam, Plastic Signs 3/9~--B. Adams San[or,, '"-, .,. ~.!?E$1DENTIAL ~.'GEIVERAL BU.~INE bedded ¢n , R-4!*: Repair Activity ~n ,~treet ';'~ ' tM# 1000-6£-3 ,,.. ~t Car lot & Storage f-p~ y with Evergreen "Buffer' , ,~ ~'M# 1000-62'-2, ' W--~N: .~~ :i;: ~Mtl 1000-62-3-~9. W--,SI: , , ' -.~1. 5, dnl fence w,' Hemlock "Buffs: n00-62-o'- 19. /7 , w ~£; -' ."' hip Rtv~rhead , ~: :,,~ Car Dealers ~ ._ . ,, .. .,~. ~ ;~,, i, !II~ 2,%'tory Wareho~¢s¢,.'~;torage [~vgrhead Car Was¢,--R, ~.~ ~l ]~:~S Station~Convenience St. .,, Mattituck Convenience Store ,~;,: ~uthold MULLEN ¢~'OTOR CAR CARRIERS on Cottage P~--,ce, Korn Rd & Locust Lane GENERAl_ Embeddec~ RESIDEN , IAL, R-40 ~ - t;,, Blind & unsafe driveway exit o~ Cottage 9/30/97--D. Liss Car Carrier on Locust .?~e Swinging onto Rte. 25 4/22/98--M. Sanford A. Tr¢),RNE~ - ~ r-.,,,N Car Carrier on Korn £~, ,.--,d making way to Locust Lane 8/5/97--D. Sherman Traffic detouring into on-coming lane on Cottage 9/30/97--D. Lis,,, Car Carrier Unloa ng ,. ~,~ ta e Place 12/2/97--D. Liss RESiD£N'~"iA SCTM# 1000-6F 3-2. Majestic Tr.,es ~ CAROLYN A. ZENK ATTORNEY AT LAW 121 Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 Southold Town Board c/o Elizabeth A. Neville, 53095 Main Road Southold, New York 11971 Town Clerk Re: Mullen Motors Change of Zone request/Environmental assessment of the wrong action and requirement for an environmental impact statement as a matter of law. August 27th, 1999 Dear Members of the Southold Town Board, I am the attorney representing a number of homeowners in Founders Estates, a residential community surrounding the Mullen Motors car dealership, located south of New York State Route 25, near Locust Lane and Cottage Place. I have reviewed the Part III Environmental Assessment Form submitted by Freudenthal and Elkowitz Consulting Group, dated April 1999, prepared for the Mullen Motors Corporation. I have also reviewed the May 24th, 1999 letter from Southold's Town consultants- Nelson, Pope and Voorhis- which constitutes a review of the Part III EAF. I) THE ENVIRONMENTAL ASSESSMENT FORM PART III IS LEGALLY INSUFFICIENT AS A MATTER OF LAW BECAUSE IT EVALUATES THE WRONG ACTION. The PART III EAF submitted by the applicant is legally insufficient as a matter of law. Quite simply, it is deficient because it evaluates the wrong action. The action at issue is a change of zone for the existing Colonial Corners shopping centerI from Hamlet Business to General Business, as well as a change-of- zone for the lot immediately south thereof, from Residential-40 to General Business. The EAF evaluates only a proposed site plan for a parking lot. According to the applicant, the alleged need for the change-of- zone is to enable the contract vendee2 to expand a pre-existing nonconforming use by establishing an additional 36 car parking lot in an already 1Colonial Corners is located at the corner of County Route 25 and Locust Lane. 2It bears emphasis that the Mullen Motors Corporation does not even own the land at issue, and yet seeks a zone change upon it. page blighted area. If this were in fact correct, why is the applicant seeking a change of zone for Colonial Corners itself, when this is not necessary for the establishment of a parking lot? I submit that the applicants are less than forthcoming. If this was truly the applicant's intent, why take the windfall approach of changing the zoning on two separate parcels of land to a more intense, commercial use? While the applicant verbally assures the Southold Town Board that it does not seek any of the uses that the change-of-zone would permit once the zone is changed, these uses are permitted as a matter of law. In addition, there are no legal documents on record that would ensure that Colonial Corners would not be destroyed or the applicant would limit himself to a parking lot. The applicant states in his EAF Part III, "As no changes to the northern segment of the property housing the Colonial Corners development are proposed, no further discussion of this section of the property will be provided in this Part III EAF." (p. 1 EAF Part III) This is ridiculous. The applicant cannot fail to study the very topic at issue, namely a change-of-zone. At page 3 of the Environmental Assessment Form Part III, the applicant states: Consideration of the impacts of changes to Colonial Corners or expansion to Mullen Motors is not appropriate at this time as: There is no proposed plan for changes to the Colonial Corners development nor is an expansion of Mullen Motors to the Colonial Corners property proposed. Thus, such actions are, at best, speculative; Changes to Colonial Corners and/or the expansion of Mullen Motors may never occur; and Any changes that may be proposed to Colonial Corners or Mullen Motors in the future are functionally independent of the proposed action. Furthermore, any future actions that may be proposed would require environmental review pursuant to 6 NYCRR Part 617. The Town's consultants seek to reassure the Town that there would be some control over the project through future site plan review and State Environmental Quality Review Act (SEQRA) analysis. However, once these uses are allowed as a matter of right, site plan review and SEQRA will only be able to mitigate harm to the neighborhood, not prevent it. To make an analogy, even if you dress a mule up in a silk skirt, it is still a mule. Once the zone change is passed, you will only be able to minimize the damage to the neighborhood by way of conditions. A change-of-zone clearly constitutes an "action" within the meaning of the SEQRA regulations and must be evaluated as such. page 3 "Actions" are defined in the State Environmental Quality Review Act regulations at 6 N.Y.C.R.R. 617.2b) thus: (1) projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance, or condition of any natural resource or structure, that: iii) require one or more new or modified approvals from an agency or agencies; 3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and 4) any combinations of the above. e) "Approval" means a discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. A change- of- zone constitutes an action within the meaning of SEQR. Since the change-of-zone enables intense commercial uses that are currently prohibited at the site, the new commercial uses must be evaluated as a matter of law. II) THE RECORD ESTABLISHES THAT THE PROPOSED CHANGE-OF-ZONE WOULD CONTRIBUTE TO SUBURBAN SPRAWL, HURT LOCAL BUSINESSES AND THE RESORT- BASED ECONOMY, DE DETRIMENT/fL TO THE RURAL AND HISTORIC CHARACTER OF THE NEIOHBORHOOD AND TOWN, AND POSE TRAFFIC SAFETY HAZARDS. The record establishes that the expansion of Mullen Motors Inc. and the change of zone would have the following undesirable impacts on the neighborhood: 1) The change-of-zone would increase the suburban sprawl already encroaching on the area, by expanding an automotive use, one of the uses most at odds with the rural, residential character of the neighborhood; 2) The change-of-zone would be detrimental to local small Mom and Pop businesses as it would injure the resort-based economy by detracting further from Southold's small Town charm. It bears emphasis that to be successful, Southold's business community must be able to successfully compete. Obviously, we can never compete with the low prices that up- island vendors can provide. Our success lies in our small town charm. Nothing detracts faster from the rural quality of the hamlet than automotive uses. Their chain link fences, halogen lights, sprawling parking lots, metallic cars, and used car signs are the very symbol of suburban and urban blight; page 4 3) The change-of-zone would detract from the rural qualities of 8outhold by allowing general business uses which are much more intense than residential uses and hamlet business uses. For example, while residential zoning allows such uses as farms, horse farms, churches, and residences, the general business zone allows fast food marts, gas stations, car washes, bars, and warehouses; 4) The change-of-zone would detract from the historic qualities of Southold; 5) The change-of-zone would introduce additional traffic hazards into a residential neighborhood with small children, such as those posed by huge tractor trailers; 6) The change-of-zone would reduce neighborhood property values; These impacts are illustrated by the photographic exhibits enclosed with this letter. The first set of photographs (Exhibits iA, lB, and lC) depict the character of the surrounding neighborhood, with the exception of the Mullen Motors Car Dealership. As you can see, there are some quaint historic homes in the R-40 zone, including salt box houses with picket fences. Exhibit lC depicts the charming houses that existed in this area before Mullen Motors built its current parking lot. A number of beautiful, early colonial homes were destroyed or removed to accommodate this business to the detriment of Southold's historic character. Exhibits 2A, 2B, 2C, and 2D depict some of the existing businesses near Locust Lane that are consistent with the historic character and charm of Southold. They include the Colonial Presbyterian Church, the Currie Bell House Museum, the Thomas Moore House Museum, a Colonial Bed and Breakfast, the Federalist Inn and Restaurant, and others. Exhibit 3A depicts Colonial Corners. Colonial style homes, converted into shops, blend nicely with the existing character of the residential neighborhood. The architecture is consistent with the colonial style of Southold. The buildings are to-scale and nicely landscaped. The change-of-zone could allow the destruction of this entire development for such intense uses as fast food restaurants and gas stations. Exhibit 4A, 4B, and 4C depict the existing Mullen Motors car dealership. This development is in sharp contrast to those depicted in the prior photographs. The corporate building is modern, flat, and ugly. Plastic signs mark the site. An ugly chain link fence surrounds the building. There are cars parked everywhere. There is little, if any, landscaping to buffer the ugly view. Exhibit 4C depicts some of the buildings of Mullen Motors. Note the lack of landscaping and the wall-to-wall pavement. Exhibit number 4B depicts the dealership once page 5 again. The cars, chain-link fencing, halogen lights, and the sign hung from what appears to be a pipe are all ugly and highly visible. Exhibit 5A depicts some of the very intense uses that the change of zone would allow. These uses should be contrasted with Exhibits 1 through 3. Among these uses are a car dealership, a warehouse, a car wash, a gas station, and a fast food mart. Exhibit 6A and 6B depict some of the safety concerns already associated with the existing Mullen Motors Inc., which include concerns about oversized car carriers roaring through pedestrian- oriented hamlets. The carriers pose traffic dangers on the very narrow, overcrowded County Route 25. They rumble down residential streets creating noise and fumes. They endanger small children in the neighborhood. Allowing the Mullen Motors Corporation to expand further would pose additional, similar problems. Exhibit 7A depicts the bright, obnoxious halogen lights already associated with the facility. These lights glare into the neighbors' eyes at night. Additional bright, glaring lights would be needed to illuminate the cars, increasing this nuisance further. Exhibit 8 depicts the damage already inflicted to the area proposed for a parking lot. Majestic trees, over one half century old were cut down, some three feet across. Note that these trees were cut before the developers received permission from the Town of Southold to construct a parking lot. Note also, that a lush, vegetative canopy still remains which continues to help buffer the residential neighborhood. The buffer lessens noise from County Route 25 and helps screen residential properties from commercial properties. II) AN ENVIRONMENTAL IMPACT STATEMENT MUST BE PREPARED AS A MATTER OF LAW BECAUSE THE PROPOSED ACTION "MAY" HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT. The record makes it clear that the proposed action "may" have a significant effect on the environment. Thus, an environmental impact statement is required as a matter of law. The State Environmental Quality Review Act (SEQRA) regulations make it clear that an environmental impact statement is required for the proposed action. 6 N.Y.C.R.R. 617.1 d) states: The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision-making processes of state, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and if it is determined that the action may have a significant adverse impact, prepare or request an environmental {mpact statemen~ page 6 6 N.Y.C.R.R. 617.7 b) requires that, for all Type I and Unlisted actions the lead agency making a determination of significance must: 3) thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; ... 6 N.Y.C.R.R. 617.7 c) sets forth the test for making this determination: Criteria for determining significance. 1) To determine whether a proposed Type I or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environment: i) a substantial adverse change in existing...traffic or noise levels:...; ii) the removal or destruction of large quantities of vegetation... v) the impairment of the character or quality of important historical,...architectural, or aesthetic resources or of existing community or neighborhood character; vii) the creation of a hazard to human health; x) the creation of a material demand for other actions that would result in one of the above consequences; Also See 6 N.Y.C.R.R. 617.2 for the definition of environment. The record clearly establishes that the change-of-zone would substantially increase existing traffic or noise levels, thus triggering criteria #i). The record establishes that the historic, rural, aesthetic, and residential quality of the neighborhood would be detrimentally affected by the expansion of the Mullen Motors Corporation; thus triggering criteria # v). The record establishes that oversized car carriers rolling through residential neighborhoods and pedestrian-oriented hamlets are already creating a serious traffic hazard. Expanding Mullen Motors would exacerbate this condition more, thus triggering criteria #vii). Finally, the record establishes that a change-of-zone would create a "material demand" for more intense commercial development that would result in all of the above consequences, thus triggering criteria x. page 7 In sum, an environmental impact statement is required as a matter of law. It bears emphasis, that to pass a negative declaration, the board must determine that the project will not have any significant environmental impacts. 6 N.Y.C.R. R. 617.2 y) provides: Negative declaration" means a written determination by a lead agency that the implementation of the action, as proposed, ~ill not result in any significant a~verse environmental impacts...(Emphasis added). It is clear from this record, that such a determination would defy the facts of the case. CONCLUSION There is no advantage to the Town of Southold what-so-ever in allowing this change of zone. Indeed, there are substantial detriments from both an economic and quality-of-life point of view. The record makes it perfectly clear that the proposed action will definitely have a negative and significant impact on the environment. Therefore, if the Board wishes to continue with this project, it must issue a positive declaration under SEQRA. We would recommend that the change-of-zone simply be denied based upon the clear evidence already in the record. Sincerely, AC~~a~ cc: Town Clerk Town Attorneys Planning Board Town Planner Zoning Board of Appeals Trustees Code Enforcement Officer/Chairman of the Building Department Nelson, Pope, and Voorhis Suffolk Times Times Review Suffolk Life Traveler Watch_man TO SOUT~OLD TOWN, OARD WE THE UNDERSIGNED, AS KESIDENTS OF ~OUTHOLD TOWN WE ASK THE BOARD TO REJECT TI~ A~PLICATION OF RICHARD F- MULLEN ili AND WILLIAM 14. MULLEN TO DOWN ZONE ~O~ONIAL CORNERS (HB~ AND THK ADJACENT RESIDENTIAL PARCEL OF LAND (~-~0) (DESIGNATED ON SUFFOLK COUNTY TAX ~ 1llO0-062.00-0~.00~12~001 ,~ID 024~001) TO A GF~NERA~ BUSINESS 7~ONE (Bi FOR THE p I.~.POSE OF ~XPANDING THEIR PARKING AND STORAGF~ FOR OBVIOUS RF_ASONS, A CAR DEALERSHIP OR ANY COM~fERCIAL F_,I~'TER~I~JSE SHOULD NOT BE PEI~MFI'FED TO EXPAND INTO HAMLET BUSINESS DISTRI~rs OR R.ESIDENTL~L ~ IT WOULD ADVERSELY AFFECT THE ]~rEGRITy AND VAI~UE OF /MM~D[ATE AND SURROUNDING HOMES AND BUSINESSE~ NOT TO MENTION OUALITY OF [~IFE AND SAFI~TY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED AN~'~ HING CAN AND MAY HAPPEN. A CO[~TMERCIAL BUSINESS DOES NOT BELONG IN THIS SE'FI'lNG. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, A~D INVASION OF PRIVACY INTO R.ESIDF. NTIA.L AREAS. MULL~./q MOTORS ]L~S A GOOD NAME AND ENOUGH VISIBILITY AS THINGS AR~. HOWEV'Eg, trURTHER C~MMERCIAL EXPANSION INTO SAID SIT~.~ IS NOT IN KEEPING W'ITH OUR BEAUTIFUl, HISTORIC 16~0 VILLAGE AND OUR R.ES ID F_N'T IAL PROPERTIF-S. WE ASK THE BOA.RD TO REJECT TRIS APPLICATION. WE WOL~D LIK~ TO K~OW WHO AUTHORIZED THE C'U1'TIN G OF · I~, Tp~ ON TH~ FORMER LUCEY PROPERTY AND WERE AN'Y OF THE TI~.F-~ ON TIlE PUBLIC RIGHT OF WAY. WE THE pETITIONF-.RS WOULD LIK~ AN ANSWER VIA THE LOCAL PAPERS Le. TRAVELER WAT CILM.~N/S U~TOLK TI~IE~. THIS PETITION IS GENERATED ~ NO MALICE TOWARD MULLF~N MOTORS INC., RICHARD F. MULLEN IH OR W'ILLL~'v[ H. MULLF.~% THIS PETI'~'ION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND 'WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWI~ 30ARD PETITION WE THE UNDERSIGNED. ~NE ~) FOR THE pU~SE OF ~XP~DING THE~ p~NG ~D FOR OB~OUS ~N~ A ~ D~E~HW OR ~ ~M~R~ ~E~SE SHOULD NOT BE PE~M~ED TO ~PAND I~O ~MLET BUSIN~ DI~S OR R~IDE~ ~ ~ WO~D AD~ELY A~ THE ~ND VALUE OF IMb~D~ AND SURROUNDING HOM~ A~ BUSIN~ NOT TO ME~ION OUALITY OF LIFE ~ND ~FETY DUE TO IN~ED USAGE. ONCE THE PROPERTY IS ~G~D ~HING ~ ~D h~Y ~PEN. A ~R~ BU~ ~ NOT BELONG ~ T~S S~NG. ~ ~T~ T~C ~ HIGH NOI~ ENOUGH ~SIBIL~ ~ T~NGS ~ HO~ FURTHER ~ER~ ~XP~SION 1~O ~D S~ IS N~ PETITION SIGNATURE SHEET # pRI2TI' NAIvIE ADDRESS S IGNATI..q~ PHONE / o ,, TO SOUTHOLD I'C'.¥II ~,'OARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD T~ REJECT THE APPLICATION OF R.[CH~KD F. MULLEN III AND WILLIA.M H. MULLEN TO DOWN ZONE CO NIAL CO NF-RS B AND THE AIXJACENT RESIDENTIAL PARCEL OF [~AND (R-~0} (DESIGNATED ON SUFEOLK COUNTY T~X MA~ 1000-~0-~.~0-022.0~1 AND 014.001) TO A GENERAL RUSINF~S Z~NE (B) FOR THE PURPOSE OF gXPANDING THEIR pARKiNG AND STORAGg. FOR OllV]OUS RF_ASONS, A CAR DF-ALERSHI1~ OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~,IITTED TO EXPAND INTO H. AblLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD'~ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATF~ /~t~D SI~'RROUND~NG HOMES AND BUSINESSES, NOT TO blENTION OUALIT~ OF LIFE AND SAFI~TY DUE TO INCREASED USAGE _ ONCE THE PROPERTY IS DO~'NGRADED AN~fffHING CAN A~ND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS ~-l lING- rr CREATES TRAIrF1C HAZARDS, HIGH NOISE INFR. ACT[ONS, AI~D INVASION OF PRIVACY INTO RESIDENTIAL ~ M~fl.I.£N MOTORS HAS A GOOD NA~,IE AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEI~ FUNTHER COI~fMERCIAL EIq~ANSION IN'TO SAID SITES IS NOT hN KEEPING WITH OUR BEAIYrlFUL HISTORIC 1640 VILLAGE AND OUR R.EXID F,.NT IAL i*ROPERTIES- ~VE ASK THE BOARD TO REJECT THIS A~PLICATION. WE WOULD LIKE TO ]CNOW WHO AUTHORIZED THE C'~ 1 l ~IG OF I li~ Tla~r~ ON THE FORMER LUCE~' PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. V,'E THE PETITIONERS WOULD LI~E AN ANSWER VIA THE LOCAL PAPERS Lc. TRAVELER WATClt,X[AN/SUFFOLK TlblES. THIS PETITION IS GENERATED WITH NO I~L-XLICE TOWARD MULLEN MOTORS INC., RICHARD 1r. MULLEN III OR WlLLIA~M H. bIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III A~ND WILLL~'~! H. ,~[ULLEN TO PROTECT THE VALUES OF PROPERTIES A~ND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY_ PETITION SIGNATURE SHEET # PR_FNT NAME ADDRESS SIGNATURE PHONE TO SOUTtIOLD TOWN s. OARD PETITION WE THE UNDERSIGNED, AS I~E~IIIENTS OF SOUTI~OLD TOV~N ~VE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F, blULLEN ill AND WILLL~A H. MULLEN TO DOWN ZONE CQLONIAL CORNERS ('HR) AND THE ADJACE~%cr HESID]~[~/T]AL PARCEL OF LAND (N-~0) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10(~0-062.00-03,00-022.001 A~D 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR pA~KING AND STORAG F_ FOR OBVIOUS REASONS, A CAN DEALERSHIP OR ANY COM~,IERC1A.L ENTERPRISE SHOULD NOT BE PERbffI~ED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL ~ Fl' WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO M~NTION QUALiTy OF LIFE AND SAFETY DU~ TO INCREASED USAGFe. ONCE THE PROPERTY IS DOWNGHADED ANsg'FHING C.&N AND MAy HA.~PEN. A COIVI~eTEltCIA.L BUSII~_.SS DOES NOT BELONG IN THIS SEt tiNG. l'f CREATES TR.~'FIC HAZARDS, HIGH NOISE I~IF]~&,CTIONS, AND INVASION OF PRIVACY IlSlTO RESIDENTIAL AREAS. MU~LEN MOTORS HAS A CsO~D NAME AND ENOUGH V'ISIRILITY AS THINGS ARE. HOWEV~I~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES I$ NOT I~ I~.EpING WITH OUR BEAUTIFUL HISTORIC 1640 VII. LAGE AND OUR RESIDENTIAL I~ROPERT[ES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LI~.~ TO KNOW WHO AUTHORIZED THE C/rTTING OF TH~ TREES ON THE FORSIER LUCEY I~ROPERTY AND W~e. RE ANY OF THE TREES ON THE pUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIY~E AN ANSWER VIA THE LOCAL pAPERS La. TB. AVKLER WATCHMAN/~UFFOLK TI~IES. THIS PETITION IS GENERATED WITH NO MALICE TOWA.~.D MULLEN MOTORS INC~ RICHARD F. bl-t,q, LEN HI OR ~ArILLIAM IL blULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY lAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN H! AND WILLIA?vl IL MULLEN TO pROTECT THE VALUES OF PROPERTIES A~N'D ~L4JNTA.Ug THE RURAL CHARACTER OF OUR COM,~IUNI'I~. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE b:,,. .:k_:._, --..J ,,-s TO SOUTHOLD TOWN BOARD R PETITION ] W'E THE UNDEI~IGNED, AS RESIDENTS OF SOUTHOLD TOWN W~ ASK THE BOARD TO ~ THE A~PLICATION OF RICHARD F. MULLEN PETITION SIGNATURE SHEET # pRIN-'/NAM]E ADDRESS SIGNATURE PHONE ~'~ TO SOUTHOLD TOWN .~OARD pETITION THE UNDEI~IGNED, PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE WITNESS: TO SOUTHOLD TOWN ,.,OARD PETITION W~ THE UNDERSIGNED, AS RESIDENTS OF SOU~HOLD TOWN ~rE ASK THE BOARD TO REJECT THE A~PLICATION OF RICHARD F. MULLEN III A~D WILL/.AM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (ltBI AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40I (DESIGNATED ON SUFFOLK C~UN'I'Y TAX ~ 1000-062.00-03.~-02.2.001 AND 024.0~1) TO A GENERAL BUSINESS ZONE (BI FOR THE PURPOSE OF EXPANDR~G THEIR PAR.KING AND STOKAGF.. FOR OBVIOUS REASONS, A CAR DF..ALERSHIp OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER.~,II'VI'ED TO EXPAND INTO HAbiLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY ~ND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION OUALITY OF I, IFE ~ND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN A~D MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETI'ING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO R.ESIDE/~I'IAL AR.F-AS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS A.RF- iIOWEVEI~ FURTHER COMbIERCIAL EXI~ANSiON INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDF..NTIAL PROPERTIES. WE ASK THE BOARD TO REJECT l-filS APPLICATION. W'E WOULD LilU~ TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMZR LUCEY PROPERTY ~ WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PAPERS Lc- TRAVELER WATCH,MA.N/SUFFOLK TIMES. THIS PETITION IS GENERATED V,TrH NO ?*[ALIUE TOWARD bfULLEN bIOTORS INC., RICHARD P. MULLEN IH OR WILLIAM H_ bIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN 1II A~ND WILLIAM IL MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAM~ ADDRESS SIGNATURE PHONE WITNESS: '"'k'Vl.,~c~..:. ?~.~,~/,.,,~,/ PH~~DATE//_~PAGE# g TO SOUTHOLD TOWN. JARD p£TITION ] WE THE UNDERSIGNED. A~ RESIDENTS OF SO~I'HOLD TOWN WE ASK THE BOARD TO RF../ECT THE APPLICATION OF RICHARD F. M~LLEN PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE ~.~,'~,~ ~ ,~ uv~.~o " ~~,~. .~ ~ -II~ ~~,TZ~,.. ~....~ ~~../_~__..~ /q~_~.',,/~ WITNESS: '""Y~,~a.u.~ ~ta..~..~e~ VI~ ~ .~. 'PAGE# TO SOUTHOLD TOg~N _ ..lARD PE"f ITION WE THE UNDEI~IGNED, PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE 3a,-lc (z,,<,~-,a. ~ ~ ~7..~Z_Cm_,,~. 1 .~ s~ o TO SOUT~OLD TOWN - .~ARD P~TITION WE THE UNDEB. SIGN~D, A~ RESIDENTS OF SOUTHOLD TOW~q ~V~ ASK THE BOARD TO RE2~CT TH~ A~PLICATION OF i~1L-'I~,I~D F. MULLEN IH AHD WILLIAb! IL MULLEN TO DOWN ZONE NIAL CO R AND THE ADJACENT R~IDENTIA~4 PARCEL QF ~,AND ~-40) (DV-~IGNATED ON SUFFOLK COU[qT~ TAX blA.P 1~0-0~2.00~0~.00-022,001 ,~ND 024.001) TO A GEN~.~L BUS[Ng-g$ ZONE (B) I~OR TH~ pURPOSE OF EXPANDING THEIR PARKING ~ND STORAGE. FOR OBVIOUS RZ. ASONS, A CAR DF_ALERSI~p OR ~ COMMERCL4~ ENT~A~I~SE SHOULD NOT BE FEi~M11'I'ED TO EXPAND IN'TO ~T BUSINESS DI~TRIC"TS OR I~.~IDENTIAL ~ ~T WOULD ADVERSELY A~I~CT TH E INTEGRITY AND VA.LU~ OF IMMEDIATE AND SURROUNDING HOMES AND BUSINE~SF~. NOT TO MENTION OUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRAD~D ANYTHING CA~ AND MAy HAPPEN. A COMMERCIAL BUSI'NF-~ DOF.~ NOT BELONG IN Tiffs SE~ITNG. IT CR~AT~-~ TRAFFIC ILAT. ARDS, EI~GH NOLgE I/~'RACTIONS, AND INVASION OF PRIVACY IN'TO I~.SIDENTIAL ARF-A~ MULLZN MOTOILg HAS A GOOD NA.ME AND ENOUGH VISIBI].I'TY AS THINGS ARE- HOW~V~I~ I~lYRTII~R COMMERCIAA. ~CPANSION I~ro SAID SITES IS NOT IN K~EPING WrFH OUR BEAUTITUL IilSTORIC 1~40 VIllAGE AND OUR RE. SIDENTLAL PROPERTIES. W'E ASK TH~ BOA.RD TO I~./~CT ~ A~PLIC. ATION. W~ WOULD LIK~ TO K2~OW WHO AUTHOlax~vr~ T~E C'WI~IN O OF I'HE TRE~S ON'I'HE FORMER LUCEY PROPERTY AND WERE ANY OF l HE TR~F~ ON THE PU~LIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE ~N ANSWER V~A THE LOCAL PA~ER~ Lc- TRAVELER WATCHMAN/SUI~OLK TlblES. THIS PETITION I$ GE~rEB. ATED WITH NO M~LICE TOWARD MULL~N MOTORS INC_, RICILARD F. MULLEN IH OR WILLIAM IL MULLEN. THIS pETITION IS ONLY IN I~r~FONSE TO OUR GI'V'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIAM IL MULLEN TO PROTECT THE VALUES OF PROPERTI~ AND MAiNTAiN THE RURAL CHARACTER OF OUR CONIMUNI'TY. PETITION SIGNATURE SHEET # PKINT NAIVl]{ ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN _~ARD ] PETITION [ WE THE UNDERSIGNED, AS ILF~I'D E NT S OF SOUTFIOLD TOWN WE A~K ~l~. BOARD TO REJECT THE A~PLICATION OF RiC'IL~ F. MULLEN PETITION SIGNATURE SHEET # PRII'~ NAME ADDRESS SIGNATURE PHONIE - ~-~f ~-~ . IlqS~ .... - 2,, ~tq~a~ .~m~. ~,~/~ b~ ~..~,~ WITNESS: PH#.~.~ATE_~AG E# la,q- TO SOUTHOLD TOWN ~ _.ARD pWrlTION WE THE UNDEI~iGNED, PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE n~l..~.,, >~,.,t~ e~ ~ ?~ ~ ~'~ ~ ~7-z~ ,,/~ ~.. ,, . ~ ~,_.: ~./~.~ ~*~zq~4 4.,.,.._...~., 7~'-5~, ~ ',~/~ TO SOUTHOLD TOWN .~ARD p£TITION WE THE UNDEI~IGNED, PETITION SIGNATURE SHEET # PI:L['N~ NAME ADDRESS SIGNATURE PHONE __ , ~- q . ,,/. TO SOUTHOLD TOWN ~,,OARD pl:T1TiON [ WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO B.F.2EC~ THE APPLICATION OF RICHARD F. MULLEN PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN BOAlC~' ' PETITION W~ TIlE UNDERSICNED, AS II.F~IDEN-I'S OF SOUTHOLD TOWN W~ ASK TIIE BOARD TO REJECT ~IIE APPLICATION OF RIC1LkRD Ir. MULLEN III AND I~II,LIAbI H. MULLEN TO DOWN ZONE COLONIA CORN [~ B ~ND THE AI~IACENT BESIDENTIAL PARCEL OF LAND ¢R40) (DESIGNATED ON SUFFOLK COUNTY TA.X MAP 1~-~6~.~0~3.00-022.001 A~ND OliO01) TO A GENEIkiL BUSINESS ZONE (B) FOR TIlE PURPOSE OF ~.XpANDI NG THEIR pARKING ~ND STORAGe. FOR OBVIOUS REASONS. A CAll DEALERSHIP OR ANY C'OM3,1ERCIAL ENTER.PRISE SHOULD NOT BE PEILMFI'I'ED TO EXPAaND INTO HAMLET BUSINESS DISTRICTS OR RESIDE~fiAL AREA~ IT WOULD ADVERSELY AFFECT Tile I~Q'EGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION OUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAM AND MAy HAPPEN. A COMMERCLkL BUSINESS DOES NOT BELONG IN THIS sili lNG. IT cl~r~TF_~ TRAFFIC HAZARDS, HIGH NOISE INFRACTIONi, AND INVASION OF PRIVACY INTO RF~IDENTIAL ~ MULLEN MOTORS ~LkS A GOOD N~%IE AND ENOUGH VISIBILI'rY AS THINGS ARE. HOWEVER, FURTHER COM,ME~ICIAL ~..-XPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1~ VILLAGE AND OUR RE$1D~NTIAL EROPERTIES. ~'g A~K THE BOARD TO REJECT THI~ APPLICATION. %VE WOULD LIKE TO I~NOW WHO AUTHORIZED THE CUll'lNG OF TH~ TRIES ON THE FORMER LUCEY PROPERTY AND WERE A.~g OF THE TI~EE~ ON THE PUBLIC RIGIIT OF WAY. ~'E THE PETITIONERS WOULD LIKE A~N ANSWER VIA THE LOCAL PAPE~ i.e. TRAVELER WATCH,%L~UI~OLK TI,~I E~. THIS PETITION iS GENERATED wri'H NO I~IALICE TOW.~RD MULLEN ,',IOTORS INC., RICHARD F_ ,MULLEN III OR XVILLL~_Xl H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~N RIGHT BY LAW TO OPPOSE THE PETITION OF RICII~RD F, MULLEN III AND W1LLL~%I IL MULLEN TO PROTECT TIlE VALUES OF PROPERTIES ~ND ,MAINTAIN THE RUB. IL CIIA~%CTER OF OUR COM,~IUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNAT0~'~~ PHONE , o ¢& ,I TO SOUTHOLD TOWN BOARD PETITION ] THE UNDERSIGNED, AS RF~IDENT$ OF SOUTHOLD TOW'~ WE ASK TIlE BOARD TO RF~'E C'T THE APPLICATION OF IHCHA, RD F_ MULL£N PETITION SIGNATURE SHEET # PRINT NA2ffE ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN ~OARD PETITION W~ THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN W'E ASK THE BOARD TO ~ ~ A~PLICATION OF R]ClIARD F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLOI~qAL CORNERS I'HBI AND THE ADJACENT RESIDENTIAL PAR~L OF ]~ND/R-4B~ (D~SIGNATED ON SUFFOLK COUN'rY TAX MAP 1000-062.00~3.00-02~001 A~ND 024.001) TO A GENERAL BUSINF,~S ZONE (B) FOR THE PURPOSE OF F--XPANDING THEIR PANKING A~D STONAGF- FOR OBVIOUS RF_&SONS~ A CAR DEALEI~HIP OR Ah~ COMMERCIAL ENTERPRISE SHOULD NOT BE PER~ffrTED TO F~XPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. rr WOULD kDVI~RSELY AI~ECT I~E INTEGRITY A~D VALUE OF IMMEDIATE ~ SURROUNDING HOMES AND BUSINESSE~ NOT TO MENTION OUAL[Ty OF SAFETY DUE TO INCRE&SED USAGE. ONCE THE PROPERTY IS DOWNG B~DED AN~I' II~NG C&N AND NL~Y HAPPEN. A COM~MERCIAL BUSINESS DOES NOT BELONG IN THIS ~1 ru~'G. IT C~-AI~S TRA~FIC llAZARD~ HIGH Norse I]VFRACT1ONS~ AND INVASION OF PRI~ACT INTO RESIDENTL~L AREA~ MULL~N MOTOR~ ~ A GOOD NAME A~D ~OUGH VISIBILITY AS TI~NGS A~RF_ HOWEVER, I~/RTHER COMbIERCIAL F~XPANSION INTO SAiD ~1~,~ IS NOT IN ~EPING WITH OUR BEAUTIFUL HISTORIC 16a0 VILLAGE AND OUR R~SIDENTIAL PROPERTIE~ WE ASK TH~ BOARD TO REJECT THIS A~PLIC. kTION. W~ WOULD LIk~ TO ICNOW WHO AUTHORIZED THE CU ~L~G OF TH~ ~ ON TI~ FORbIER LOCEY PROPERTY A2VD WERE A~Y OF THE TPrrg ON THE PUBLIC RIGHT OF WAY. WE THE l,z~ i ~ lONERS WOULD LI~CE AN A~NSWER V~ THE LO~AL PAPERS L~ TRAV~I.~R WATCltbfANISU~OLK TIMES. THIS PETITION IS GENERATED WITH NO M~LICE TOWARD M~LL~a~ MOTORS INC, RICHARD F. MULLEN HI OR W]LLL~I H. bIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICIL~RD F. MULLEN [11 A~ND W~LLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND NL~NT~ THE RURAL CtL~NACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRI-NT NAIV~ ADDRESS /.~, SIGNATURE PHO~ TO SOUTHOLD TOWN _OARD pETITION WE THE IZNDER$1GNED, A~ RE~IDEN-I'S OF $OU~HOLD TOW~ WE ASK THE BOARD TO REJECT TH~ APPLICATION OF I~RD F. MULLEN IH A~ND WILLIAM iL MULLEN TO DOWN ZONE N~ [/NE AND THE AI~/ACENT RESIDENTIAL PARCEL OF ~AND eR-d0) (DRSlGNATED ON SUFFOLK COUNTY TA.X ~ 1000-062.00-0~.00-~22.001 AND 024~001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF F~XPANDING THEm PARKING AND STORAGE. FOR OBVIOUS REASONS, A CA~ DEALERSHIP OR ~ COM]51EHClAL EN'I~RISE SHOULD NOT BE PEI~MITTED TO EXPA.ND INTO HAMLET BUSINESS DISTRICTS OR RF-~IDF~N-FL~L ~ IT WOULD ADVERSELy AFFECT ~HE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSE~ NOT TO blENTION OUALiTY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROr~I~I ¥ IS DOWNGRADED A~C~rHING CAN AND MAY HAPPEN. A COMMERCIAL B~ShNES~ DOES NOT BELONG IN THIS $E~YI~G. IT CREATES TRAFFIC H~ZARDS, [~[GH NOISE INFI~.ACTIONS, AND II~VASION OF pRiVACY INTO I~ESIDENTIAL AREAS, MULLEN MOTORS HAS A GOOD N~*,IE AND ENOUGH ~rlSlBILITY AS T~INGS ARF- HOW~VEI~ FURTHER COMbIERClAL EXPANSION INTO SAID SITES IS NOT IN ICEEPING W~TH OUR BEAUTIFUL HISTORIC 1640 ~flLLAGE AND OUR RF~IDENTIAL PROPERTIE~ WE ASK THE BOARD TO REJECT THIS AYPLICATION. W"E WOULD LIKE TO KNOW WHO AUTHOla 19~ TH~ C~I'rl~G OF YH~ TREES ON 1 tl~ FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE pETITIONEI~ WOULD LIKE AN ANSWER VIA TtlE LOCAL PAI~ER~ L~ TRAVELER WATCHblAN/SUFFOLK TIMES. THIS pETITION IS GENERATED ~ql H NO MAIJCE TOWARD blULLEN blOTOES INC~ RICHARD F. M~LLEN III OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.~RD F. blULLEN 111 AND WlLLL~M I~ MULLEN TO PROTECT THE VALUES OF PROPERTIES A~ND blAINTAIN THE RURAL CHARACTER OF OUR COr~I_MUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE *~- -- ri - ' ' TO SOUTHOLD TOWN B~ARD pETITION THE Ui~DER~IG,NEO, .............. ~ N A N A CO~IERCIAL BUSII~r.~S DOES NOT BELONG IN THIS ~.~ i~'IC,. IT CREATES TRAFFIC HAZARDS, HIGH NOISE PETITION SIGNATURE SHEET WITNESS: .,~.~."._~~z~¢ PI:I#~,~..I)ATE ~..~AGE# ..,q, 6~ TO SOUTHOLD TOWN I~OARD PETITION WE THE UND£RSIGNED, ~S RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOP.~D TO RF-~CT THE A.~PLICATION OF RICHARD F. MULLEN III AND WILLIA.~,I Il. MULLEN TO DOWN ZONE COLONIAL ~'ORNERS (HB) A~ND THE ADJACENT RESIDENTIAL I~ARCEL OF LAND eR--40) (DESIGNATED ON SUFFOLK COUNTY TAX I~L~P 1000-06L00-O3.00-0Z2.001 A, ND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF E.'g. PAI~ DING THEIR FARKING AaND STORAGE. FOR OBVIOUS REd, SONS, A CAR DF_ALEI~ir OR ANY CON~IERCIAL E.NTEI~.PRISE SHOULD NOT BE PERbllT~ED TO EXPAND INTO HAbfLET BUSINESS DISTRICTS OR RESIDENTIAL ARF_AS. IT WOULD ADVERSELY AF~'ECT'VHE INTEG~ITY AND VALUE OF IXIMEDIATE A~D SURROUNDING HOMES AND BUSINESSE~ NOT TO MENTION OUALITY OF LIFE SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY 1S DOWNGRADED A~r'~HING C-A~N AND MAY HAPPEN_ A COblMEHCIAL BUSINESS DOES NOT BELONG I~ THIS S~.ic iciNG_ IT CILEATES TRAFFIC HAZARDS, HIGH NOISE INI:RACTIONS, AND INVASION OF pR/VACY INTO R~rSIDENTL~.L AREA~ blULLEN bIOTORS HAS A GOOD NAbIE AN'D ENOUGH VISIBILITY AS THINGS ARF.. HOWEVER. FURTHER CO,XI~IERCIAI. ~PANSION INTO SAID SITF~ IS NOT LN KEEPING WITH OUR B EAUTII~UL HISTORIC 1~40 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ~K TH~ BOARD TO REJECT THIS A~PLICATION. WE WOULD LI~ TO i~VOW WHO A~'THORIZED THE C~ ,~ ~NG OF THE TREES ON THE FOI~MER LUCEY PROPERTY A~ND WERE A~N~ OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOLrLD LIKE A~4 ~'qSWER VIA THE LOCAL PAFERS Le. TRAVELER WAT C H btA~N/SUFFOLK THIS PETITION IS GENERATED WITH NO MALICE TOWARD ,~IULLEN MOTORS E~C., RICHARD F- MULLEN 111 OR W~LLL~.~I H. MULLEN. THIS PETITION IS ONLY IN RF~PONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICIL~RD F. MULLEN III A~N~D WILLIA~X ! IL blULLEN TO PROTECT THE VALUE~ OF PROPERTIES AND ,XlAINTAIN THE RURAL CH.A~.&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # pRIN-'F NAN~= ADDRESS SIGNATURE PHONE ~( -(~ ~ ,- / z - WITNESS: ~'~"v%,0o..c~,_ .~.,.o~.~c$ "~G:~"~'"~Z~ DATE PAGE# "~ TO SOUTI~OLD TOWN ~OARD PETITION %V'~ THE UNDERSIGNED, AS R~I DE,'~r$ OF So~'rHOLD TOW~ W~ ~K THE BO~ TO ~ T~ ~LI~ON O~ ~ ~. b~LEN III AND ~LLI~M H. M~LEN TO ~ ~ COLONIAL ~RNERS ~B~ ~ THE A~A~ R~IDE~IAL PAR~ OF ~ND ~0~ ~IGNATED ON 5U~OLK COU~ T~ M~ 1~2.~.~22.~1 ~D 024.~1) TO A G~NE~ BUSINESS ~NE (B) FOR THE pU~SE OF ~P~D~G THEIR P~NG ~D ~O~G~ NOR OB~OUS ~ON~ A ~ D~E~ OR ~ ~bIX[ER~ ~E~SE SHO~ NOT BE PE~M~ED TO EXP~D I~O ~MLET BUSIN~ D[~S OR ~IDE~ A~ ~ WO~D AD~SELY A~ ~E AND VALUE OF INIMED[ATE ~ SURROUNDING HOM~ AND BUSIN~SE~ NOT TO ME~ION OUAL~y OF LIFE AND SAFETY DUE TO INCR~ED USAGE. ONCE THE PROPERTY IS ~G~ ~HhNG ~ ~D b~Y ~p~. A COMMER~ BUSlN~ ~ NOT BEING LN THIS S~l ~iNG. ~ ~T~ ~C ~ HIGR NOISE LN~ONS. ~D I~ION OF P~VA~ ~TO ~IDE~ ~ MU~ MOTO~ ~ A ~D N~IE ~NOUGH ~SlBIL~ ~ THUGS ~ HO~ ~RTHER ~NINIER~ ~ON [~O ~D ~ ~ NOT LN' ~ING ~H O~ B~I~L HI~O~C 1~ ~L~GE ~ O~ ~ID~ PROPERT~ ~ ~K ~E BO~ TO ~ ~S ~P~TION. ~ WOULD LI~ TO ~OW ~O A~HO~D THE ~G OF THE T~ ON ~E FO~R LUCY PROPER~ ~ ~ ~ OF T~ T~ ON THE PUBLIC ~G~ OF WAY. ~ THE PET~IONE~ WO~D L~ ~ ~N~R ~ THE ~AL PAPE~ Lc. T~LER WATCHX~OLK TIXI~ THIS P~ION IS GEt,TED ~H NO X~ICE TOW~ MULLEN MOTO~ INC~ ~ F- M~LgN 11I OR X~L~M H. MULLEN- TRIS PETITION IS ONLY IN ~NSE TO OUR G~N ~G~ BY ~V TO OP~SE THE PET~ION OF ~C~ F. ~LLEN III ~ND X~LLL~Xl H- MULLEN TO PR~E~ THE V~UES OF PROPERTIES ~ND X~h~.~N THE CH~ER OF OUR COMb[UNI~. PETITION SIGNAT~E SHEET PRINT NANfE ADDRESS SIGNATURE PHONE ~_ , v - , Iol ; ~' .' ' r ' [ ' TO SOUTHOLD TOWN WE THE UNDERSIGNED, AS RE~IDEN'~S OF ~OUTHOLD TO~ ~ ~K THE BO~ TO ~ T~ ~PLI~TIO~ OF ~ F. ~LLEN III ~ ~LL~M H. MULLEN TO ~ ~ COLONIAL CORNE~ ~B) ~ T~ A~A~ R~IDE~L PAR~L OF ~ND ~-40) ~IGNATED ON SU~OLK COU~ T~X b~ 1~L~.~22.~1 ~ND 02~1) TO A GENE~ BUSINESS ~NE (B) fOR THE PU~OSE OF ~YP~NDING THEIR P~NG ~D ~O~G~ FOR OBVIOUS ~SON~ A ~ D~E~P OR ~ ~W~R~ ~SE SHO~ NOT BE PE~M~ED TO EXP~D l~O ~MLET BUSIN~ DI~S OR ~SIDE~ ~ ~ WO~D AD~RSELY A~ THE AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUS~S~ N~ TO M~ION OUALITY OF LIFE AND SAFETY DUE TO I~CREASED USAGE. ONCE THE PROPER~ IS ~~ ~H~NG ~ ~D ~Y ~P~N. A COMMER~ BUSI~ ~ NOT BELONG IN THIS S~G. ~ ~T~ ~C ~ HIGH NOISE ENOUGH ~smI~ ~ THUGS ~ HO~ ~RTH~ CO~R~ ~N~ON ~O S~ S~ IS NOT 1N ~EPINC ~H OUR B~UL HI~O~C 1~0 ~L~GE ~D O~ g~tD~ ~ ~K THE BO~ TO ~ THIS ~PLICA~ON. ~ WO~D L~ TO ~OW X~O A~HO~ED THE ~'~ OF T~ T~ ON THE FO~%~ LUCY PROPERS' ~ ~ ~ OF THE T~ ON THE ~UBLIC ~G~ OF WAY. W~ ~E PET~]ON~ WOULD L~ ~ ~N~R ~ TIlE L~AL P~E~ L~ T~LER WAT~b~OLK TLWI~ C~ER OF OUR COMN[UN~Y. PETITION SIGNAT E SHEET PRINT NAM:E ADDRESS SIGNATURE PHONE ;-4% ,,l. TO SOUTHOLD TOWN I ~,RD W'E THE UNDERSIGNED. AS 9.ESIDENTS OF SOUTHOLD TOWN W'E ASK THE BOARD TO RP, J~CT TI~E APPLICATION OF RICHARD F. MULLEN II! A~N'D WlLLIA.~I H- MULLEN TO DO~4 ZONE C ON A _ _R_S__ __B. A~N'D THE ~DJACENT RESIDE~IAL PARCE~ LAND ('R-~0) (DESIGNATED ON SUFFOLK COUNTY TAX &lAP I(~(}O-06L(~3.00-~2XOOI AND 024.001) TO A GL, ERAL BU$1,~ES~ ZONE (B) FOR THE pURPOSE OF EXPANDL~G THEIR pA.RI~NG A~N'D STORAGF- FOR OB~flOUS REASONS, A C-AR DF-ALERSHIP OR AN~' COI*,L%iERCIAL ENTERPRISE SHOULD NOT BE PEI~MI1-TED TO E.XPA~ND IN'TO HA3,1LET BUSINESS DISTRICTS OR RESIDENTIAL ARE.AS, IT WOU~D AD~'ERSELY AFFECT THE INTEGRITY ~N'D VALUE OF IMNIEDIATE AND SURROUNDING HOMES AND BUS]I~ESSE~ NOT TO bIENTION OUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED A~N~rHLNG C_AN AND MAY HA~°PF.~. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS S~.,t aiNG. rr Cl~.ATE~ TRAFFIC HAZARDS, HIGH I~'OISE I~'FKACTIONS, AND INVASION OF PRIVACY IlVlO RESIDEJ'TflAL ARF_AS. MULLF~N MOTORS I/AS A GOOD NA3,fE ENOUGH V'[SI'BI'LITY AS TFrINGS AR.F_ HOWEVER, FURTHER CO&D. IERCIAL EX.PANSION INTO SAID SITE~ IS NOT KEEPING wrrH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. W'E ASK THE BOARD TO REJECT TRIS APPLICATION. WE WOULD ~ TO IGWOW WHO AUTHORIZED THE CU'I'I'~'G OF ~ ~, TREES ON THE FOR,bIER LUC"EY PROPERTY AND WEI~E A~N'Y OF THE TREES ON THE PUBLIC RIGHT OF WAY. W~ THE P~,x~ i zONEI~ WOULD LIKE A~N ANSWER ~,3.A THE LOCAL PAPERS L~ TRAVELER WATCHNLk,~r/SUFFO LK TIMES. THIS PETITION IS GE,N~RATED ~vrrH NO NLkLICE TOWARD &IULLF_~ &[OTORS l~fC., RICHA.I~D F. &II~LF~- III OR W'ILLIA3,[ IL I~IULLEN- THIS pETITION IS ONLY L~ RESPONSE TO OUR GI'V'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F_ &IULLEN III AND WILLL~,M IL M~LLEN TO PROTECT THE VALUES OF FROPERTIES AND M.A.U,~fALN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE iLio 1 /tll TO SOUTHOLD TOWN BOARD FETITIOr/ ~ THE UNDERSIGNED, AS RESIDEi~CI'S OF sOUTHOLD TO%VN '~E ASK THE BOARD TO REJECT THE A~PLICATION OF RICHARD F. MULLEN III AND WlLLL~M H. MULLEN TO DOW~q ZONE COLONIAL CORNERS (HBI AND THE ~DDJACE~rl' RESIDE,N_?.IAL PARCEIe OF LAND iR-40) (DESIGNATED ON SUFFOLK couwrY TAX b~ 1000-062.00-a3.00-022.~1 A2 D 024,001) TO A GENERAL BUSINF..~ ZONE (B) FOR THE pURPOSE OF F-~CPANDING THEIR FAI~ICING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSicffP OR ANY COMMERCL~L F~NTER2RISE SHOULD NOT BE PEILMITTED TO EXPAND INTO H2uMLET BUSINESS DISTRICTS OR RESlDF./VI'IAL AREAS. ~T WOULD ADVERSELY AFl. CT THE IN-rEGR]TY AND VALUE OF IMMEDIATE ~D SURROUNDING HOM~S AND BUSINESSES. NOT TO MENTION OUALITY OF LIF~ AND SAFETY DUE TO INCREASED USAGE - ONCE TI~E PROPERTY 15 DOW~G RADED A.~'/'HING CA~ AND NIAy HAPPEN. A CONIblERCL~, BUSINF.~S DOES NOT BELONG IN THIS SETTLNG. IT CREATES TRAFFIC HA~_A/~DS, HIGH NOISE INIrRACTIONS, A~ND INVASION OF PRIYAC~' LN-ro RESIDENTIAL AREA~ bfl2LLEN bIOTORS HAS A COOD NA_ME A,ND ENOUGH VIsIBrLITY AS THINGS ARE. ltOWEVEI~ FURTHER COMMERCIAL F-XPA.NSION II~-ro SA~D SlTE~ IS NOT IN KEEPING WITH OUR IIEATYf IFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TRE BOARD TO REJECT TH~S A~PLICATION. W~ WOULD Llk~ TO ~,'~OW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR.XfER LUCEY PROPERTY .4~ND W~RE ANY OF THE TREES ON THE FURLIC RIGH'r OF WAY. W~ THE PETITIONERS WOULD LIKE A.N ,~'ER VIA THE LOCAL PA~ERS L~ TR.~,VELER WATCH,M.~N~SUFFOLK TLME~ THIS PETITION IS GE,N~RATED Wn'H NO X~ALICE TOWARD ,MULLEN ,MOTORS INC_, RICH2~RD F, MULLEN llI OR V, TLLIA.M H_ XIULLEN. THIS PETITION IS ONLY I~ RESPONSE TO OUR GE~'EN RIGHT BY L%W TO OPPOSE THE PETITION OF RICHA/~.D F. MULLEN 11I AND XVILLLA.%[ H. MLrLLEN TO PROTECT THE VALUES OF PROPERTIES AND XL~/N-I'AIN THE RURAL CHARACTER OF OUR COM_MU~3TY. PETITION SIGNATURE SHEET I # PRJ-NT NM',fE ADDRESS SIGNATURE PHONE ,.~ ,~ ..~,~) ./t TO SOUTHOLD TOW~, BOARD PETfTION TIlE UNDKR$1GNED, PETITION SIGNATURE SHEET / I TO SOUT~OLD TO~, BOARD ~PETITION ] TO EXPAND INTO HAMLET BU$1NE~S DISTRICTS OR RESIDENTIAL AI~EAe~ IT WOULI) AD'¢EIi$1~LY AFFECT TIlE IN-rEGIIfTY PETITION SIGNATURE SHEET PRINT NA~E ADDRESS .- -- SIGNATUI~ PHONE ~.~..,'; ~ ~. I',,.~c. ~-._~ ~c., ~) ~ ..~.~/~--~ (.~ .~':- -~./-.~'~ 'L~- /~/~, oz,.'~.;."&.,,~ /..~, ...,.,,~ . .+, /~,~ 'v ~ F-~L~, ,. 7/ ~c /,,~: O~,~?r~ L~,~~'~' ~ ~'~ (~,~'% ~' ' (~ .:~ 7¢':'-~zzt WITNESS: -'"~.,:, ~:,..,/~t_,~ PH# "//~%--~,...~2Z, DAT PAGE#._~' U TO SOUTHOLD TOWh OARD PETITION SIGNATURE SHEET PRINT NANiE ADDRESS SIGNATURE PHONE =^~ $.~,~,~ C~,'/,.~ ~'~ ~,(~ ~ ~ ~ ~ ~5- I~o "~l'- ~ /' , . TO SOUTHOLD TOWN I~,~ARD W'E THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ~ ASK THE BOk~.D TO ~CT TI~, APPLICATION OF RIC'JL&R,D F. MULLER III AND ~,qLLIA.~,I B- MULLEN TO DOWN ZONE C LONIAL RN RS B AND TH~ ADJACENT RESIDENTIAL PARCEI~ OF LAND ~'R~,0] (DESIGNATED ON SUFFOLK COffNTY TAX NIA~ 1000-0~2.00-0~.00-022.00l A~ND 024.001) TO A GF..,NEI~A~ BUSINESS Z~NE (B) FOR THE PU RI~OSE OF E.~PAN DING THEIR pARICING A~ND STORAGE. FOR OB'~'IOU$ RF_ASONS, A CAR DEALERSHIP OR A~VY COM,~,IERCIAL E,N'rERPI~SE SHOULD NOT BE PEIL~,IVFI'ED TO EXPA3~'D INTO HAMLET BUSINESS DISTRICTS OR HESIDEN'TIAL ARE.A~ Fr WOULD AD~e'EHSELY A ~ ~ LCT THE INTEGRITY AND YALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION OUALITY OF [elFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY I$ DO.GRADED A~N'g'~HLNG CAN AND ,MAY A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS S~.t l LNG. ri' CR~ATE~ TRAgiC KAT..ARDS, ]~GH NOISE hR'FRACTIONS, AND INVASION OF PRIVACY IN'tO RESIDENTIAL AREAS. MULL£N MOTORS HAS A GOOD NA~XlE ENOUGH VISIBILITY AS THINGS ARF_ HOV~EVE]~ FURTHER CObLMERClAL ~X,~ANSION INTO SAID SITES IS NOT KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES- WE ASK THE BOARD TO REJECT THIS APPLICATION- WE WOULD LIK~ TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR.%IER LUCEY PROPERTY AbrD %VERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETrrlONERS WOULD LIKE AN ANS~fER VIA THE LOCAL PA~ERS Lc. TRAVELER WATCHMAN/SUFFOLK TI,XIES. THIS PETITION IS GENERATED WTrH NO M.A.LICE TOWARD bIULLEN blOTO]~ LNG_, RICHARD F. bflILLEN III OR V,'ILLL~%[ H, bIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.A.RD F, ,~IULLEN III A.N'D WILLL~%I H_ bIULLEN TO PROTECT THE VALUES OF PROPERTIES A.ND M. AINTAIN THE RUI~4,L CH_~J~_&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET J # PRINT NA>,{F ADDRESS SIGNATURE PHONE (:rrcl . · c r? ' ~ "- ~.' t ' "- TO SOUTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RE~DEN'I'S OF SOUTHOLD TO~N W'E ASK. THE BOARD TO REJ'ECT THE A2PIACATION OF RICHARD F. bIULLEN III AND Vf[LLIA.M IL bIULLEN TO DOWn/ZONE C LONIA _1~_ ?.R_S__ __B. AND THE ABJAC~NT RESIDENTIAL PARCEL OF LAND /~-~0] i'DESIGNATED ON S~:FOLK COUNTY TAX blAP 1000-~2-0~03.00-022.001 AND 024.0~1) TO A GENERAL BUSINF-~S ZONE (B) FOR THE pURPOSE OF F-.X PANDING THEIR pA~J~NG A~ND STOHAGE. FOR OBVIOUS RF.,ASON~, A C.A_4 DEALERSITIP OB ANY CONE~,IEI~CIAL F.'~'TER~RISE SHOULD NOT BE PEILMITI'ED TO EXPAND INTO HA~ILET BUSINF.5S DISTRICTS OR RESIDENTiAl. AREAS. IT WOULD ADVERSELY A~. ~?..CT THE INTEGRITY AND VALUE OF IMMEDIATE A,N~) SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION OUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROP.E. RTY IS DOWNGRADED A.N'YTHING CAN AND MAY HAPPEN. A COMNIERCTAL BUSINE-~ DOF.~ NOT BELONG LN THIS ~.,l I lNG. VI' C'I~.ATF,~ 'rI~,FFIC I'I~ZA.I~ HIGH NOISE LNFRACTIONS, AND IN'VAgION OF pI~I~ACY ~'TO RESIDENTIAL ~ blUL~EN MOTORS ~ A C, OOD NA,ME AN'D ENOUGH VISIBILITY A5 THINGS ARE. HOW'EI~R, FURTHER COMMERCL~L EX.PANSION INTO SAID SITE. S IS NOT IN KEEPING WTrH OUR BEAUTIFUL HISTORIC 1 ~40 VILLAGE AND OUR i~.51DENTI. A.L PROPEI~TIES. WE ASK THE BOAH.D TO REJECT THIS A.~pLIC. ATION. 'WE WOULD LI],~ TO I~-NOW WHO AUTHORIZED THE CUll'LNG OF THE TR~:q ON THE I:ORMER LUCEY PROPERTY A'~D WEHE A~NY OF THE TREF.~ ON THE PUBLIC RIGHT OF WAY. WE THE PETI'I'IONERS WOULD LIKE AN A"/SWE.R V'L~. THE LO~AL PA.PERS Le. TI~,V'ELEH WATLllMAN/~UI~TOLK T LM ES- THIS pETITION IS GF-.N'EgATED '~TTH NO I~L~LICE TOWA~ NIULLEN MOTORS INC, RICHARD F. MULLEN III OR W1LLI. AM H. NIULLEN. THIS pETITION IS ONLY IN I~.SPONSE TO OUR GI~"EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.~.RD F. MULLEN III AND '~ILLL~XI I-L blULLEN TO PROTECT THE VALUE~ OF PROPERTIE$ AND bL~INTAIN THE RU~.4,L CIL~.I~.ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PlaINT NAME ADDRESS ~ ~ ~ ~4~TI. IRE PHONE TO SOUTHOLD TOWN BOARD PETITION WE THE UNDERSIGNED, AS RESIDEN'rs OF SOUTHOLD TOW~' ~,¥E ASK THE BOARD TO REJECT ~ A~PLICATION OP l~Cl~dt.D F, MULLE~ Ill ,~ND WILLIAb! H. MULLEN TO DOX~q ZONE C ONIA CORN R B ~ TI~ A~ACENT RF~IDEN'TIAL PARCEL OF ~AND ~R40) (DF~IGNATED ON SUFFOLK COUNTY T~-'~ bIAP 1000-06L00-03.00-~2.00! AND 024.001) TO A GF.,NERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PAI;C~3 NG.~ND b'I'ORAGF- FOR OBVIOUS REASONS, A C. AR DEALERSHIP OR ANY COI~,L~ff. RCIAL ENTERPRISE SHOULD NOT BE PEI~IFFI'ED TO EXPA~ND INTO H~MLET BUSINESS DISTRICTS OR RF~IDENTIAL ~ IT WOULD ADVERSELY AFFeCT THE INTEGRITY AND VALUE OF [blMEDlATE A~ND SURROUNDING HOMES AND BUSIN?.SSES. NOT TO MENTION OUALITY OF L~ SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED A~N~/T MING CAN AND MAY HA. Pp~N. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SEI'I'I~G. IT atF. ATES TRAFFIC HAZARDS, HIGH NOISE IN'FRACTIONS, AND IN'VASION OF PRIVACY I~TO RESIDENTIAL ~ MTJLLLN blOTORS HAS A GOOD NAblE AND ENOUGH V'ISIBILrrY AS TH]NGS ~ HOWEVER~ FURTHER CONC~LERCIAL trV,2A~NSION INTO SAID SITES IS NOT LN I~F2INC WTI'H OUR BEAIfrlFUL HISTORIC 1640 VILLAGE AND OUR H~-~m ENTIAL PROPERTIES. W'E ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIL.~ TO lO/OW WHO AU'rHORIZED TH~ CUTTING OF THE TREES ON · ~.~ FOR2~ IER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PET1TIO~I~RS WOULD LIKE A~N AbiSW'ER VIA THE LOC. AL PAPERS I.e. TRAVELER WATCH,XL~N~S UFFOLK TLXlE~ THIS PETITION IS GENERATED ~fiTH NO ,S, KALICE TOWARD NFULLEN .MOTOI~ INC~ RICHAJ~D F. I~IUI~LEN 1II OR WILLIA3I H. NIULLEN. THIS PETITION IS ONLY IN R~ESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICtL4,RD F. MIJ~LEN III AND WILLLA~M H. blULLEN TO PROTECT THE VAJ~UES OF PROPERTIES AND MAJ~-FAIN THE RURAL CH_~RACTER OF OUR COMMUNrrf. PETITION SIGNATURE SHEET # PRINT NM',LE ADDRESS SIGNATURE PHONE ' / ~ -~" ~ -'-'m~ WITNESS: TO SOUTHOLD TOWN i..ARD ~ PgTITION ~ WE THE UNDERSIGNED, AS RESIDENTS OF SOU THOLD TOWN WE ASK THE BOARD TO REJEC~ ~ r~ APPLICATION OF RICHARD F. MULLEN' PETITION SIGNATURE SHEET I # PR.INT NA_k~ ADDRESS SIGNATURE PHONE ~fITNES S :~H#~DATE~GE#..~_ TO SOUTHOLD TOWN E~ARD PETITION ~ WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN W~ ASK THE BOARD TO R~,CT TH~. A.~PLICATION OF RIC~A.RD F. bilJLI.~N PETITION SIGNATURE SHEET TO SOUTHOLD TO~, .. BOARD pETITION AS RESIDE,N'TS OF SOUTIIOLD TONAl' W~ ASK TIlE BOARD TO R~..~CT THE APPLICATION OF RIC[4ARD F. MULLEN Ell ANIJ WILI.IAM Il. blULI.EN TO I)OW~ ZONE ~OI,O~IAI~ (~)RNERS (IIRI AND TIlE ADJACENT RESIDENTIAl, ZONE (El) FOR TIlE PURPOSE OF E.~PANDING TIIEIR PARKING AND STORAGE. PETITION SIGNATURE SHEET # PRINT NA~fl~ ADDRESS SIGNATURE PHONE WITNESS: ~-"rV~g.~ ?~.../.-~ ,../ Pit# '7/,,~- .'<~J., DATE~PA(;E~3q TO SOUTI~OLD TOWN BOARD l'~. I I1 ION ] WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ',~ ASK THE BOARD TO ~ THE APPLICATION OF R/CHARD F. btULLEN PETITION SIGNATURE SHEET # PRINT NAME ADDRESS -] SIGNATURE PHONE 'f TO SOUTHOLD TO~q BOARD PETITION W~ Tile UNDERSIGNED, AS RESIDENTS OF SO~THOLD TOWN WE A~K THE BOARD TO ~ TH~ A.I'FLICATION OF RICHARD F. MULLEN III AND W1LLIA~ IL MULLEN TO DOWN ZONE N L R S lB AND THE ADJAC'~NT RESIDEN'TIAL PARC~I~ OF [,AND fR~0) (DESIGNATED ON SUFFOLK COU/VT¥ TA.X MAP 1000-06L00-03.~O-012.0OI AND 024-0~1) TO A GENERAL BUS[NESS ZONE (B) FOR THE PURPOSE OF ~.'( PA~N DING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIp OR ~ COMMERCIAL F-NTERPRISE SHOULD N(YT BE PERMrl~ED TO EXPAND INTO IIAMLET BUSINES~ DISTRICTS OR RESIDEN'~I.A.L ARF..AS. rT WOULD ADVERSELY A EFFECT TIlE INTI~CRfTy AND VALUE OF IMMEDIATE A[qD SURROUNDING HOMES AND BUSINF, SSES. NOT TO MENTION OUALiTY OF LIEE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED AN Y'TIIINO CAiN AND J~iAY HAI'PEN. A COMMERCIAL BUSINT~SS DOES NOT BELONG lIN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS IIA~ A GOOD NAME AND ENOUGH VISIBILITY AS TILINGS ARE. IIOWEV~R, KURTII£R COMMERCIAL F-'~CPANSION INTO SAID SITES IS NOT IN KEEPING WITll OUR BEAUTIFUL HISTORIC I~ VILLAGE AHD OUR RESIDENTIAL PROPERT~ F-.~. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIK~ TO KNOW WHO AUTHORIZED THE CUTTING OF ~ Tm ~'~ ON THE FORMER LUCEY PROPERTY AND WERE ANY OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSWER V'lA Tile LOCAL PAPERS Le. TRAVELER WATCH.XIA~N/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC, RICHARD F. MULLEN III OR %VILL[A,%[ H. ~,IULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RICHT BY LAW TO OPPOSE TIlE PETITION OF RICIIARD F. I~[ULLEN III AND ~ILLIAI~I IL blULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN Tile RU[L~L CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAM~ ADDRESS SIGNATURE PHONE -///- TO SOUTHOLD TOWN BOARD ~ PETITION ] W'E TIlE UNDERSICNED, AS RESIDENTS OF SOUTHOLD TOWN W'E ASK THE BOARD TO ~ THE APPLIC-ATION OF RICHARD F. MULL£N PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE WITNF. SS: TO SOUTflOLD TOWN BOARD PETITION SIGNATURE SHEET # P KI N"[' NAME ADDRESS SIGNATURE PHONE. v..'~ ~ . . ~~,,_~A ~:(.,'.~_ ~ TO SOUT[IOLD TOW~, BOARD PETITION SIGNATURE SHEET # PKIN-r NAME ADDRESS SIGNATURE PHONE ~_ ~r~ .~ - ,-~ '~ - ,~.,,~.~. ~ /~s ~¢<. / :,',. ~~,.~ ~,,~,, ~o~ ~q X, hr,~_ ~. ~.~, .,,. F~,,, z~/~- TO SOUTHOLD TOWN BOARD PETITION %VE THE UNDERSIGNED~ AS RESIDENTS OF SOtffHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN Ill AND ~A'ILLIAbl II. MULLEN TO DOW?q ZONE COLONIAL CORNERS flIB] AJ~ID THE ADJACENT RESIDENTIAL PARCEI~ OF I,AND i'R-40) (DESIGNATED ON SUFFOLK COUN'I'Y TA.~ MAP 1000-062_00-03.{~-012.001 A~/D 014.001) TO A GENERAL BUSINESs ZONE (n) FOR THE pURPOSE OF E"~FANDING THEIR PARKING A=ND STORAGE. FOR OBVIOUS RF_.A.,qONS, A It. AR DEALERSHIP OR ANY COMMERCIAL ENTERPR.ISE SHOULD NOT BE PERMIT"FED TO EXPAND INTO II. AMLET BUSINF.--~S DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADV'KRSELY AFFECT TIlE INTEGRITY PETITION SIGNATURE SHEET # PRIiNTI' NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TO~VN BDARD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN HI AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB} AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.00- 022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION QUALITY OF LITE AND SAFETY DUE TO INCREASED USAGE . ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER, FURTHER COMSIERCL~L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTYFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTLAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR3{ER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VLA THE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENEi~ATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN HI OR WILLIA/VI H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIXrEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILL/AM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. TO SOUTHOLD TOWN bOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTtlOLD TO'¢~I VCE ASK THE BOAItD TO REJECT THE APPLICATION OF RICH.&RD F. MULLEN Ill AND 'WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (}lB) AND THE AOJACENT RESIDENTIAL PARCEL OF LAND (R-d0) ('DESIGNATED ON SUFFOLK COUNTY TAX. M~P 104~-0~2.0~03.00-021.0~1 AND 024.001) TO A GENER.&L BUSINESS ZONE (B) FOR THE pURPOSE OF EXP.S~N DING TtIE[R pARKING AND STORAGE. FOIl OBVIOUS REASONS, A CAR DEA. LERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO H~,ILET BUSINESS DISTRICTS OR I~ESIDENTL&L AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF I~dMEDL~,TE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND ~AFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR_S~DED ANYTHING C.42/.k.ND 5LA'I' HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES T]L&FFIC H.&Z_&RDS, tIIGtl NOISE INFR>,CTIONS, AND INVASION OF PRIVACY INTO RESIDENTL&L AREAS. MULLEN MOTORS IL:tS A GOOD N&SIE AND ENOUGtI VISIBILITY AS THINGS ARE ROW'EVER, FURTHER COMMEHCL~L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL IIISTORIC 1(:-40 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. VfE WOULD LIKE TO KNOW WHO AUTtIORIZED THE CUTTING OF TIlE TR~ES ON THE FORMER LUCEY PROPERTY .S~ND WERE _~Ny OF THE TREES ON THE PUBLIC RIGItT OF WAY. W'E TIlE PETITIONERS WOULD LIKE kN ANSWER VIA TIlE LOCAL PAPERS I.e. TB.AVELER WATCHMAN/SUFFOLK TI,MES. Tills PETITION IS GENEI;L~,TED WITtI NO FLkLICE TOWARD MULLEN MOTORS ]NC., RICHARD F. MULLEN III OR '¢(ILLL~,M H. MULLEN. TIIIS PETITION IS ONLY iN RESPONSE TO OUR GI'~'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND '¢,ILLI.~'q H. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND MAINTAIN TIlE RUR.LL CHAR_&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PK!NT NAME ADDRESS SIGNATUKE PHONE o.~ WITNESS: :~PAGE# / 'fO SOUTHOLD TOWN Bi~ARD Ill 9~ND WILLIAM II. ,MULLEN TO DO~ ZONE COLONIAL CORNERS (HB) A~D THE ADJACENT RESIDENTIAL PARCEL OF L..~ND 01-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03,0~-022.0~1 AND 024.001) TO A GENER-~L BUSINESS ZONE (B) FOR THE PUItYOSE OF EXPANDING TIIEIR PARKING AND STORAGF- FOR OBXqOUS REASONS, A CAR DEAJ~ERSHIP OR A~Y COMMERCIAL ENTERPRISE SItOULD NOT BE PEILMITTED TO EXP.~D INTO ~&MLET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD AD'¢ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCETHE PROPERTY IS DOW~GB. ADED ANYTHING CAN .hiND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING, IT CREATES TB.~FFIC HAZ&RDS, HIGH NOISE INFB. ACTIONS, AND IN~'ASION OF PRIVACY INTO I~ESIDENTLhL AItEAS. MULLEN MOTORS IfAS A GOOD N.~ME AND ENOUGH VISIBILITY AS THINGS ARE- HO%~$~EIL FURTHER COMMERCIAL EXPAaNSION INTO SAID SITES IS NOT IN KEEPING WITtI OUR BEAUTIFUL HISTORIC 1640 ~qLLAGE AND OUR RESIDENTLkL PROPERTIES. ~$q~ ASK THE BOARD TO REJECT TtIIS APPLICATION. ~$q~ WOULD LIKE TO KNOW ;;7tO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND ~RE ANY OF THE TREES ON TIlE PUBLIC RJGHT OF WAY. ~E THE PETITIONERS WOULD LIKE AN ANSWER Xl.k Tile LOCAL PAPERS I.e. TRAVELER WATCHNL~N/SUFFOLK TIMES. THIS PETITION IS GENERATED V~qTH NO MALICE TOWARD MULLEN MOTORS INC., RICtIARD F. MULLEN Ill OR ~$TLLL~.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICH~kRD F. MULLEN III AND WILLI.~M H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIlE RU~-kL CH_klk~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT N!~dqE ADDRESS SIGNATURE PHONE WITNESS: PH#"'~(o~ .~-~D, ATE~AGE# & TO SOUTHG:~ > TOWN BoAKD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJEC'r TIlE APPLICATION OF RICHJ41.D F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB) A~ND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND ~ 40) (DESIGNATED ON SUFFOLK COUNTY TX.',[ MAI~ 10~0 062.01)-03.00-022,001 XND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBYIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXP.&`ND INTO HA~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF [~.IMED[ATE AND SURROUNDING HOMES AND BUSINESSES] NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR.&DED ANYTHING CAN AND ~L4.Y H_~,PPEN. A COMMERCLI-L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.I-FFIC ILI-ZARDS, tIIG[I NOISE INFB.&CTIONS, .~ND INVASION OF PRI%LI-CY INTO RESIDENTIAL AREAS. 1MULLEN MOTORS ILI-S A GOOD N.&`~,IE ENOUGH VISIBILITY AS THINGS ARE. HOWEVER, FURTHER COMMERCLAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BE.I-UTIFUL HISTORIC 1~40 VILLAGE AND OUR RESIDENTL~.L PROPERTIES. ~YE ASK THE BO:'kRD TO REJEC'r Tills APPLICATION. WE WOULD LIKE TO ICNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY /..~ D '**,'ERE X.N~' OF THE TREES ON THE PUBLIC RIGHT OF 'WAY. 'WE THE PETITIONERS WOULD LIKE AN ANSWER ~,lA THE LOCAL PAPERS Le. TR.I-~fELER WATCHMAN/SUFFOLK TIMES. TIlIS PETITION IS GENER.kTED WITH NO 5LI-LICE TOWARD MULLEN .MOTORS INC.. RICH-I. RD F. MULLEN III OR V~ILLIX.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIL~.RD F. ,MULLEN IIl .&,ND V*'[LLI.~_M II. MULLEN TO PROTECT TIIE ~,'ALUES OF PROPERTIES AND MAINTAIN TtlE RUR.~L CIL&R_~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE =,= WITNESS:~ ~1.~ W$')YO PH# '-7~O~-~t~)~ DATE '~O SOUThOLD TOWN BO,. WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW'N WE ASK TIlE BOARD TO I~E.IECT TtIE APPLICATION OF RICHAHD F. MULLEN III AND WILLIA_M H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND (R~10) (DESIGNATED ON SUFFOLK COUNTY TA.~ /',lAP 10B0-062.00-03.0~022.001 AaND 024.001) TO A GENEI~4, L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPA~NDING THEIR PARKING AaND STO R_AGE. FOR OBVIOUS REASONS, A C.MI DEALERStIIP OR ANt' COMMERCLAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTKICTS OR RESIDENTIAL AREAS, IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE .~ND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION 0UALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ,kNYTHING CAN A.ND 3,Lz, Y IL&PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING- IT CREATES TRAYFIC I-LAZ.~DS, HIGH NOISE INFRACTIONS, .4~'~D INVASION OF PRIVACY INTO RESIDENTLZ. L AItEAS. MULLEN i~,IOTORS IL~.S A GOOD NA,'~IE AND ENOUGH VISIBILITY AS THINGS AKE. HO%~E'VER~ FURTIIEH COM/~,IERCL4, L EXPA~NSION INTO SAID SITES IS NOT IN KEEPING W'ITH OUR BEAUTIFUL HISTORIC 16-10 VILLAGE AND OUR RESIDENTIAL PROPERTIES. 'WE ASK TIlE BOARD TO RE.IECT THIS APPLICATION. WE WOULD LIKE TO KNOX',' WtIO AUTHORIZED THE CUTTING OF THE TREES ON TtIE FOR_MER LUCEY PROPERTY AND X~RE .~N~' OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE bun .&NSX~R ','L-k TIIE LOCAL PAPERS Lc. TILk~,'ELER WATCHM3uN/SUFFOLK TI,MES. THIS PETITION IS GENERATED V*2Ttt NO MALICE TOWARD MULLEN MOTOR5 INC., RICHARD F. MULLEN III OR WILLIAM H. MULLEN. TIIIS PETITION IS ONLY IN RESPONSE TO OUR GI%'EN RIGHT BY LA'W TO OPPOSE THE PETITION OF RICIIARD F, MULLEN III .~ND ~,VILLL~%I H. MULLEN TO PROTEC~ THE VALUES OF PROPERTIES AND MAINTAIN TIlE RUR-~L CIIAR_kCTER OF OUR COMMUNITY, PETITION SIGNATURE SHEET TO SOUTttOLD TOWN ,....~ARD LAND {R-40) (DESIGNATED ON SUFFOLK COUNTY TAX bIAP 100~062.0~03.00-022.001 A~D 024.001) TO A GENEI~L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AaND STOI~AGE. FOR OBVIOUS REASONS, A CAR DKALEI~HIP OR ASWa' COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~MITTED TO EXPAND INTO IL4,MLET BUSINESS DISTRICTS OR RESIDENTL~L AKEAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~]~GRADED Ad~YTHING CA~N Aa'~D ~LXY H.~PPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CKEATES TRAFFIC IL~Z.~RDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTLkL AREAS. MULLEN MOTORS H-~S A GOOD NAaME .~ND ENOUGH V'ISIBILIT¥ AS THINGS ~ HOV~rl~VEI~ FURTHER COMMERCL~,.L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 16-10 V'ILLAGE A-ND OUR RESIDENTIAL PROPERTIES. WE ASK THE BO.M~D TO REJECT THIS APPLICATION. WE WOULD LIKE TO K2qOW ',~-I O AUTHOI~IZED THE CUTTING OF THE TKEES ON THE FOR_MER LUCEY PROPER'Df AND WERE ~ OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~'E THE PETITIONERS WOULD LIKE AN .MN'SWER VIA THE LOCAL P.~ERS Lc. TI~XVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENEKATED 'WITH NO MALICE TOWARD MULLEN MOTORS INC-, RICH2~.RD F. MULLEN III OR WILLL42M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND '~ILLL~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RUB_kL CH_M~ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT N.'kME ADDRESS SIGNATURE PHONE I · TG SOUTHOLD TOWN BOARD PETITION %VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO%VN W~ ASK THE BOARD TO REJECT THE APPLICATION OF RICtL&RD F. MULLEN III AND %VILLIA?~I H. MULLEN TO DOWN ZONE COLONIAL CORNERS (JIB) ~'qD THE AD,IACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY T~-~ MAP 10oo-0~2.00-03.00-022.~01 .~ND 024.0~J1) TO A GENEP..~L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGF- FOR OBVIOUS REASONS, A CAR DEALERSHIP OR AZ~' COMMERCLkL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HA~MLET BUSINESS DISTRIC'FS OR RESIDENTLAL AREAS, IT WOULD ADVERSELY AFFECF TfIE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE .~ND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED A~NYTHING CAN AND ~[AY FLLPPEN, A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TI~.&FFIC HAZARDS, tlIGH NOISE INFB.ACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS, MULLEN NIOTORS HAS A GOOD N;~XlE AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEP~ FURTHER COL~iMERCL&L EXPANSION INTO SAID SITES IS NOT IN KEEPING ~qTH OUR BEAUTIFUL HISTORIC 1~0 VILLAGE A~N'D OUR RESIDENTL&L PROPERTIES. ~VE ASK THE BOAI~D TO RF~rECT THIS APPLICATION. PETITION SIGNATURE SHEET # PPdNT NA~IE ADDRESS SIGNATURE PHONE ( TO SOUTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW~ W~ ASK THE BOARD TO REJEC'r THE APPLICATION OF RICHARD F. MULLEN III AND WILLIA~M IL bIULLEN TO DOW~ ZONE COLONIAL CORNERS (liB) AND THE ADJACENT RESIDENTIAL PARCEL OF I.AND ~ 40) ~DESIGNATED ON SUFFOLK COUNTY TAX /MAP 1000-0~2.00-03.00-022.001 AND 024,001) TO A GENER.&L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. FOR OB¥1OUS REASON~ A CAR DEALERSHIP OR ANY /2OMMERCT~L EN~rER~KISE SHOULD NOT BE PE~irI'rED TO EXPAND INTO I~AMLET BUSINESS DI~TRiC'fS OR RESIDENTIAL ARF. A~ rr WOULD ADVERSELY AFFEC'r TIlE INTEGRITY ~AND VALUE OF IM~.[EDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED ANYTIIING CAN AND MAY HAPPEN. A COMMERCIAL BU$1NE~S DOES NOT BELONG IN THIS SEC'rING. r~ CREATES TI~M~-IC tL~ZA~D$, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVAC~Y INTO RESIDENTLS, L AREA~ MULLEN bIOTORS IIAS A GO~D NAME AND ENOUGH YISIBILITY AS TIIING$ ARE. IIOWE~I~ FURTIIER CO,MblERCIAL EXPANSION iNTO SAID SITES IS NOT IN KEEPING ~TTII OUR BEAUTIFUL HISTORIC I &10 V~LLAGE AND OUR RESIDENT[AL PROPERTIES. WE ASK THE BOARD TO REJECt THIS A~PLICATION. WE WOULD LIKE TO KNOW WHO AlfrHORIZED THE CU~-flNG OF 'I~E 'r~EES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. ~ TIlE ~ETITIONERS WOULD LIKE AN ANS'*~ER ~'[A TIlE LOCAL PAPERS Lc. TR.&¥ELER WATCHMA~N/SUFFOLK TIMES. THIS PETITION IS GENERATED W~Ttl NO M~LICE TOWARD MULLEN MOTORS INC., RICIL~RD F. MULLEN III OR V¢[LLIAM H. MULLEN. TtIIS PETITION IS ONLY IN RESPONSE TO OUR GI~N RIGHT HY LAW TO OPPOSE TIIE PETITION OF RICIIARD F. blULLEN III AND W1LLI~I II. 5,[ULLEN TO PROTEC-r THE VALUES OF PROPEBTIES AND ,MAINTAIN TIlE RUR.&L CI~MIACTER OF OUR COMMUNITY- PETITION SIGNATURE SHEET # PKINT NAbIE . ADDRESS · SIGNATURE PHONE , ,, VVITNESS:_ f ~.('~,¢~.~. ~.~2'c..~./,~,.c¢9 PR# '7¢5 -S ¥ 2~ DATE / '1 _ SOUTHOLD ToWN BOARD WE THE UNDERSIGNED, AS I~ESIDENTS OF SOUTHOLD TOV* ~I W~ ASK TIIE BOARD TO RE.~ECT TIlE APPLICATION OF RICIIA~D F. ,MULLEN III AND WILLIAI~I H. MULLEN TO DOWN ZONE COLONIAL CORNERS [HB} AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY T~-X MAP 1000-062.00-03.0~-022.001 AND 024.001) TO A GENElL&L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANT COMMERCL&L ENTERPR/SE SIIOULD NOT BE PERMITTED TO EXPAND INTO fIA~iLET BUSINESS DISTRICTS OR RESIDENTIAL AHEAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING tIO?,IES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGI~DED .~d~/YTIIING C.~N A>/D MAY IL~,PPEN. A COMMERCL&L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, ,MND INVASION OF pRIVACY INTO RESIDENTLAL AREAS. MULLEN MOTORS [LAS A GOOD N.A>,1E AND ENOUGH %3SIBILITY AS THINGS ARE. HOWEVEI~ FURTHER COMMERCL4~L EXPANSION INTO SAID SITES IS NOT IN KEEPING %VITtl OUR BEAUTIFUL HISTORIC 1~10 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ',~ ASK THE BOARD TO RE.IECT THIS APPLICATION. WE WOULD LIKE TO ICNOW 'WHO AUTHORIZED THE CUTTING OF TIlE TREES ON TIIE FOIL;IER LUCEY PBOPERTY AND %VERE AN~' OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANS%~ER ~3A THE LOCAL PAPERS Le. TILs, YELER WATCH3LMN/SUFFOLK TIMES. THIS PETITION IS GENElLATED ',VITH NO NLXLICE TOWARD MULLEN MOTORS INC., RICtlARD F. AIULLEN III OR ~V1LLLX.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. 3, IULLEN III AND ~VILLL3~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIlE BUILA[ CHAIL&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGN ~TURE PHONE ' 'r ., () ~/ ~ WITNESS: TO SOUTHOLD TOWN BOARD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN 'WE ASK THE BOARD TO RF~ECT THE AEPLICATION OF RIC}LkRD F. MULLEN III AND V¢ILLL~,M H. MULLEN TO DOWN ZONE COLONIAL CORNERS 0tB) .&ND THE ADJACENT RESIDENTIAL PARCEl, OF LA.'/D (1t-40) (DESIGNATED ON SUFFOLK COUNTY TA.'( MAP 10~L062.00-0].0~-022.001 AND 024.0~1) TO A GENER.&L BUSINESS ZONE (B) EOR THE PURPOSE OF EXPANDING THEIR PARKING ,~aND STORAGE. FOR OBVIOUS RE.&SONS, A CA~I DEALERSHIP OR )uNY COMMERCL&L ENTERPRISE SHOULD NOT BE PERMITTED TO EXP,~NI) INTO ~'*ILET BUSINESS DISTRICTS OR R~ESIDENTL4,L AREAS. IT WOULD AD'¢ERSELY AFFECT TIlE INTEGRIT't AND VALUE OF IM.~IEDIATE AND SURROUNDING HOMES AND BUSINESSES] NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TtIIS SETTING. IT CREATES TR~4FFIC ItAZ~kRDS, HIGH NOISE INFRACTIONS, A/qD IIh~'ASION OF PRIVACY INTO RESIDENTE&L AREAS. MULLEN IMOTORS HAS A GOOD NAi~IE AND ENOUGII VISIBILITY AS THINGS AR~ HOWE$~EIL FURTtIER COMMERCL~L EXPA/~SION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 IrILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BO.MID TO REJECT THIS APPLICATION. 'A'E WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND XVERE AN3( OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE TIIE PETITIONERS WOULD LIKE AN ANSWER YIA TIIE LOCAL PAPERS I.e. TR~&V'ELER '~V.ATCH~L~N/SUFFOLK TI,MES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD ,MULLEN MOTORS INC., RICIIARD F. MULLEN III OR WILLL4, M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN III .~ND *,¥ILLIAM H. MULLEN TO PROTECT THE AL~LUES OF PROPERTIES AND .MAINTAIN IIIE RUR_~L CFL~I.&CT ER OF OUR COM,%IUNITY. PETITION SIGNATURE SHEET I # PRINT NM'dE ADDRESS SIGNATURE PHONE .% q( ,,...%. TO SOUTHOLD ToWN Bt~ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'~ ~'N '~'E ASK THE BOAItD TO It~.YECT TIlE APPLICATION OF RICitLkRD F- I~IL'LLEN III AND V~TLLIA4',I H- I~[ULLEN TO DO~ ZONE COLONIAL CORNERS (HB) A2/D THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40~ (DESIGNATED ON SUFFOLK COUNTY TAX bIAP 10041-062.00-03.00-022.001 AND 024.04)1) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF F~'( PAN DING THEIR PARK/NG .&~D STORAGE. FOR OB~,IOUS ILEASONS, A CAll DEALERSHIP OR ~ COM.MERCL~L ENTERPRISE SHOULD NOT BE PER>,IITTED TO EXPAND INTO HAMLET BUSINESS DISTBICTS OR RESIDENT£~L AREAS. IT WOULD ADWERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~GR~DED AaN~'THING CAN AND MAY B~PPEN. A COMMERCIAJ~ BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TBA~FIC HAZARDS, HIGH NOISE INFR.&CTIONS, A~ND LNTVASION OF PRIVACY INTO RESIDENTLkL AREAS. MULLEN MOTORS P~&S A GOOD NA2~IE .aND ENOUGH ',qSIBILITY AS TtIINCS ARE. HO~EVER. FURTHER CO.',IMERCIAL EXP.~NSION IN-~O SAID SITES IS NOT IN KEEPING V~'ITH OUR BEAUTIFUL HISTORIC 1540 '¢ILLAGE A~ND OUR RESIDENTIAL PROPERTIES. V,~ ASK THE BO.~u~D TO REJECT THIS .~PLICATION. ~WE WOULD LIkq~ TO KNOW ~VHO AUTHORIZED THE CU~-~ING OF THE TREES ON THE FOR2, IER LUCEY PROPERTY A2~D ~RE .&N'Y OF THE TREES ON THE PUBLIC RIGHT OF WAY. ;;~i THE PETITIONERS WOULD LIKE A~N ANS~R ',q.4 THE LOCAL PAPERS Lc. TB_&VELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO ,',L&LICE TOWARD MULLEN MOTORS INC., RICtLAHD F. ,',IULLEN III OB ~2LLL4.',I H. MULLEN THIS PETITION IS ONLY IN RESPONSE TO OUR GI~N RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III .aND ;',2 LLL~M H. MULLEN TO PROTECT THE ','-~LUES OF PROPERTIES .]uND 5LklNTAIN THE RUraL CH_kRACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT N.~X, [E ADDRESS SIGNATURE PHONE . ?77 WITNESS: TO SOUTHOLD TOWN BOARD WE TIlE UNDERSIGNED, AS RESIDE~N'~S OF SOUTHOLD TO$$~ XVE ASK THE BOARD TO RF~ECT THE APPLICATION OF RICHARD F. MULLEN Ill AND g~ ILI,IA?.I II. ~,IULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF [_~_~ND (R 40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~}-0~2.00-03.0~022.o0! A~ND 024.0~1) TO A GENEB.~,L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS I~.,ASONS, A CAJ~ D~.ALERSIIIP OR ANY COM~IERCL~L ENTERPRISE SHOULD NOT BE PE~IITTED TO EXPAND INTO tIAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREA~ IT WOULD ADVERSELY AFFECT TIlE INTEGRITY AND VALUE OF IMN1EDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO IMENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGB-~,DED ~N¥'TtlING C~N A~ND MAY HAPPEN. A COMMERCLAL BUSINESS I~)ES NOT BELONG IN THIS SETTING. IT CREATES TI~kFFIC tL~Z~qDS, HIGII NOISE INFR-ACTIONS, AND INVASION OF PRIVACY INTO RESIDENTL~L ARF~ MULLEN MOTORS IIAS A GOOD NA,~IE AND ENOUGtl ~3SIBILITY AS TILINGS ARF- IIO~$~l~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL IIISTORIC 1640 SqLLAGE AND OUR RESIDENTIAL PROPERTIES. %~E ASK TIIE BOARD TO RFJECT Tills APPLICATION. V~ WOULD LIKE TO KNOW ~IO ALrr tlORIZED THE CUT~ING OF THE TREES ON TtIE FORMER LUCEY PROPERTY .AND WEREA,NYOFTIIETREESONTllEPUBLICRIGIITOFWAY. WE TIIE PETITIONERS WOULD LIKE AN ANSWER ViA THE I.OCAI. PAPERS I.e. TR.%,VEI,ER WATCtlMANISUFFOI,K TI}dES. PETITION SIGNATUR iEET TO SOUTHOLD ~O~"%rN BOARD AS RESIDENTS OF SOifPIIOLD TO'~'N W'E ASK TIlE BOARD TO REJECt' TIlE APPLICATION OF RICIL~,RD F. NIULLEN Ill AND`*VILLIAM I[. MULLEN TO DOWN ZONE COLONIAL CORNERS OIB) AND THE ADJACENT RESIDENTIAL PARCEL OE ZONE ([31 EOB TIlE PURPOSE OF EXPANDING TIIEIR PARKING ,~ND STOR.~GE. FOR OBVIOUS RI~ASONS, A CAR DEALERSHIP OR Ably COMMERCIAL ENTERPK[SE SIIOULD NOT BE PERMITTED TO EXPAND INTO IL~.I~[LET BUSINESS DISTRICTS OR RESIDENTL~.L ARE,iS. IT WOULD ADVERSELY AFFECT TIlE INTFGfl[TY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QIL,kLI["~' OF I.IEE .k'~[~ SAEETY DUE TO INCREASED USAGE. ONCE [lie PROPEREY [S DO~`* NGI~.DED ANYTilING CAN ,~ND MAY [L*.PPEN. A COMMERCL&L BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TI~kI.'FIC IL.kZ.~RDS. IIIGI[ NO[SE INFRACTIONS. AND INVASION OF PRIVACY INTO RESIDENTIAL AREA~. MULLEN MOTORS tlAS A GOOD NAME AND ENOUGII VISIBILITY AS TILINGS ARIEL IIO~VE','EI~ FURTHER CO,'*IMERCIAL EXP~kNSION INTO SAID SITES IS NOT IN KEEPING `*'*'lTl[ OUR BEAUTIF( ri, HISTORIC 1640 ~,qI,[.AGE ,',ND OUR RESIDENTIAL PROPERTIES. WE WOULD LIKE TO KNOW ',',"ILO AUTIIORIZED TIlE CU~I'ING OF THE TREES ON THE FORMER LUCEY PROPERTY I,O42'AI, PAPERS I.e. TIR_.`*VELER 'A'AT¢;II?.I.hN/SUFFOLK TIMES. TIIIS PETITION IS GENEB. ATED WITII NO MALICE TOWARD ~,IULLEN MOTORS INC.. RICIIARD F. MULLEN Ill Oil WILLL&M ILMULLEN. TIllS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHTB'.'LA'*'* TO OPPOSE TIlE PETITIONOE RICHARD F. MULLEN Ill AND ~,2LLIAM I1, P, IErLLEN TO PROTECT TIlE VALUES OF PROPERTIES AND M.kINT.klN TIIE CIL~da. ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PKINT NAME ADDRESS . SIGNATURE PHONE TO SOUTHOLD TOWN ~,OARD '*VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'~T4 ~,~'E ASK THE BO.~RD TO REJECT THE APPLICATION OF RICI~AR~ F. ~IULLEN III ~'qD WILLIA~M H. MULLEN TO DO$¥N ZONE COLONIAL CORNERS (HB) A~ND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40} (DESIGNATED ON SUFFOLK COUNTY TAX ~L~P 1000-062_00-03.00-022.(~}1 AND 024,001) TO A GENERAL BUSINESS ZONE (B) FOR THE PUll. POS E OF E.X P.~N DING THEIR PARKING AND STORAGE. FOR OIIVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~XlITTED TO EXPAND INTO HA.MLET I~USINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IM]~IEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE ONCE THE PROPERTY IS DOWNGI~AD ED .4aNYT H lNG C,~N A~N D ,~LstY H-4-PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TIL~FFIC HAZARDS, HIGH NOISE INFILhCTIONS, AaND I~N%'ASION OF PIL~VACY INTO RESIDENTIAL AREAS. MULLEN .MOTORS ILks A GOOD N.~IE AND ENOUGH VISIBILITY AS THINGS ARE. HOSVE't~ER, FURTHER COMMERCLs,L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL ttISTOI~IC 1640 ~,'ILLAGE AND OUR RESIDENTL~,L PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW ',$~IO AUTHOI~IZED THE CUTTING OF THE TREES ON TtIE FOIU~IER LUCEY PROPERLY A~ND ~ERE A.NY OF THE TREES ON THE PUBLIC I~GHT OF WAY. WE THE PETITIONERS WOULD LIKE .s~N ANS~.~ZR ',7_~, THE LOCAL PAPERS Le. TRAVELER WATCH~L~N/SUFFOLK TIMES. THIS PETITION IS GENER-S, TED %~ITH NO ~IALICE TOWARD MULLEN ,MOTORS INC., RICHARD F. MULLEN III OR ',$]LLL~.'~I II. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICILARD F- MULLEN III .~ND %~ILLL~,2~I H- MULLEN TO PROTECT THE VALUES OF PROPERTIES .~ND .~IAINTAIN THE RUI~L CI~dq.~,CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PR3NT NbdVlE ADDRESS SIGNATURE PHONE , , ._, . , WITNESS: PH# DATE TO SOUTHOLD TO'WN boARD ~;VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOrSioN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN III AND ~rlLLIAi~! H. MULLEN TO DOWN ZONE COLONIAL CORNERS {'HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 01-40) (DESIGNATED ON SUFFOLK COUNTY TAX NL~P 1000-062.00-03.00~22.001 AND 024.0/)1) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING A2qD STO H.~,GF. FOR OBVIOUS REASONS, A CAR DF-~LERSHIP OR A~N'Y COMMERCIAL ENTERPRISE SHOULD NOT BE PER~IrrTED TO EXPAND INTO H-~AILET BUSINESS DISTRICTS OR RESIDENTLZ. L AREAS. IT WOULD AD~'ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDLITE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE b~N. SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED A~NYTHING CA~N AND bL~Y I~4PPEN_ A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TBAFFIC HAZ. MtDS, HIGH NOISE INFR-~,CTIONS, AND IN~'ASION OF PRWACY INTO RESIDENTL~L AREAS~ MULLEN MOTORS HAS A GOOD N>..ME AND ENOUGH VISIBILITY AS THINGS ARF- HO~$'EVEI~ FURTHER COMMERCLi. L EXPA~NSION INTO SAID SITES IS NOT IN KEEPING ~ITtI OUR BEAUTIFUL HISTORIC l~-10 YqLLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOA.RD TO REJECT THIS APPLICATION. $~ WOULD LIKE TO I~NOW WHO AUTHORIZED T HE CuTrING OF THE TREES ON THE FOI~MER LUCEY PROPERTY AND %~I1E ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE A_N ANS/VER Xq-A THE LOCAL P.~PERS i.e. TRA. YELER V~'ATCHNL~N/SUFFOLK TIMES. THIS PETITION IS GENER.ATED %TFH NO MALICE TOW~kRD ,%[ULLEN/~IOTORS INC., RICHARD F. MULLEN III OR ~ILLL~%I H MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY L&W TO OPPOSE THE PETITION OF RICI-LkRD F. MULLEN Ill .~ND ',~:ILLL~M H. MULLEN TO PROTECT TtIE Y.~LUES OF PROPERTIES AND MAINTAIN THE RU~&L CHABACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAIvlE ADDRESS SIGNATURE PHONE , .,_ ,. g WITNESS: ~ ~z.~.~ .. H# ~-5 ~5 ~¢,~ DATE PAGE# TO SOUTHOLD TOXVN ~- nARD SVE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO',VN W'E ASK THE BOARD TO REJECT THE APPLICATION OF RICH.&RD F. MULLEN III AND VFILLIA2~I H I~IULLEN TO DOWN ZONE COLONIAL CORNERS {liB) .~ND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t-40) ('DESIGNATED ON SUFFOLK COUNTY TAX blAP 10BO-06L0~-0J.OO-022.0~I A3/D 024.0~1) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPA~NDING THEIR pARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTL~L AREAS. IT WOULD AD;tERSELY AFFECT THE INTEGRITY AND '~ALUE OF IMbIEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO b[ENTION QUALITY OF LIFE AND SAFET'*' DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOW'NGRADED A~NyTHING C.&`N .&`ND MAY tLAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CR~EATES TI~AFFIC H-42~J~DS, HIGH NOISE INFR.&CTIONS, A~N'D INVASION OF PRIVACY INTO RESIDENTLAL A.HEAS. blULLEN bIOTORS HAS A GOOD N.4.ME ENOUGH VISIBILITY AS TtIINGS ARE. HOWEVER. FURTHER COMMERCL&L EXPANSION INTO SAID SITES IS NOT IN KEEPING V*'ITIt OUR BEAUTIFUL tIISTORJC 1640 V'ILLAGE AaND OUR RESIDENT[A.L PROPERTIES. WE ASK THE BOARD TO REJECT TtIIS APPLICATION, WE WOULD LIKE TO IGNOW W'HO AUTHORIZED THE CUTTING OF THE TREES ON THE FORNIER LUCE'*' PROPERTY AaND WERE AN~' OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE .&`N .4.NS~,'~EB '*'IA THE LOCAL PAPERS I.e. T R.&'~LER WATCIIMXNISUFFOLK TIMES, Tills PETITION IS GENERATED WITH NO MALICE TOWARD 3,1ULLEN MOTORS INC., RICH.~RD F. MULLEN Ill OR 'WILLIAbl R. NIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIt~kRD F. MULLEN III AND WILLL~M H. bIULLEN TO PROTECT THE YALUES OF PROPERTIES .&.ND NL&INTAIN TIlE Ri_r R.~& CHAD-~CTER OF OUR COMbIUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS (3 SIGNATURE PHONE WITNESS:,. ' ' TO SOUTHOLD TOWN ~ARD '*YE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'WN W'E ASK THE BOARD TO RE./EC'r THE APPLICATION OF RICILARD F. MULLEN III AND W'ILLI~,I H. /~IULLEN TO DOWN ZONE COLONIAL CORNERS ~HH) AND THE ADJACEi~CP RESIDENTIAL PARCEL OF LAND OR-d0) ('DESIGNATED ON SUFFOLK COUNTY TAX ~IAP 1000-062.00-03_00-022.0~1 AND 024.001) TO A GENEI~tL BUSINESS ZONE (H) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STOILAGF~ FOR OBVIOUS R.~ASONS, A CAR DEALERSHIP OR ANT COMMERCL-~L ENTERPRISE SHOULD NOT BE PEI~MITTED TO EXPAND INTO Iq. AMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS- IT WOULD AD'g~ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR.~)ED ANYTHING CAN AND ~*L-kY 1LAPpEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING- IT CREATES TRAFFIC I-LkZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRI~'ACY INTO RESIDENTIAL AILEAS. MULLEN MOTORS ~L~S A GOOD NAME A~ND ENOUGH VISIBILITY AS THINGS ARE. HO'*VEVEI~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC Ifil0 VILLAGE AND OUR RESIDENTLAL PROPERTIES. g~E ASK TIlE BOARD 'FO RF~ECT THIS .APPLICATION. gVE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOIL'dER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~T.. TIlE PETITIONERS WOULD LIKE .4dq AA'SV*'ER VL~ THE LOCAL PAPERS i.e. TRA~,~LER WATCH~L~N/S UFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD .MULLEN MOTORS INC., RICHARD F. MULLEN II/ OR '~'ILLL4,M H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIX~EN RIGHT BY LAW TO OPPOSE THE PETITION OF RIcIqARD F. MULLEN III AND '*~ILLLMM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES .4dqD 3, IAINT.-klN THE RUILAL C~L~,ILACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PKINT NAME ADDRESS SIGNATURE PHONE TO SOUTItOLD TOWN .OARD AS RESIDENTS OF SOUTHOLD TOWN ~ ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F./VIULLEN III AND ~VILLIAI~I H. MULLEN TO DO~N ZONE COLONIAL CORNERS (liB) AND TiIE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX bL~ 1000-062.00-03,00-022.001 AND 024 001) TO A GENER.~L BUSINESS ZONE (B) FOR THE PURPOSE OF EX PA~NDING THEIR PARKING AND STOI~AGF~ FOR OBVIOUS REASONS~ A CAR DEALERSHIP OR _4.NY COMMERCIAL ENTERPRISE SHOIZLD NOT BE pEI~MITTED TO F~YP.~ND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREA& IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE A.~D SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE, ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND ~LAY IL~PPEN. A CO,M,MERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TP.~,FFIC HAZARDS, HIGH NOISE INFI~CTIONS, AND INVASION OF pRIVACY INTO RESIDENTL~.L AREAS~ MULLEN MOTORS H-~.$ A GOOD N.~ME A~ND ENOUGH ~ISIBILITY AS THINGS ARF. HOWE~EI~ FURTHER COMMERCIAL F~XP.4~NSION INTO S~ID SITES IS NOT IN KEEPING ~TH OUR BEAUTIFUL HISTORIC 1640 ~ILLAGE ~ND OUR RESIDENTIAL PROPERTIES. ~A~E ASK TtiE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW ~IO AUTHORIZED THE CU~rlNG OF THE TREES ON THE FORMER LUCEY PROPERTY A~ND V~RE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~E THE PETITIONERS WOULD LIKE AN ANS~XER YLk THE LOCAL PAPERS Le. TR-A~EL ER WATCH~tAN/SUFFOLK TIMES. THIS PETITION IS GENER.~TED %T~H NO bL~LICE TOWARD ,MULLEN MOTORS INC., RICtL4~RD F. MULLEN III OR V~3LLLZCM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GlUtEN RIGHT BY LAXV TO OPPOSE THE PETITION OF RICHARD F. MULLEN Ill AND WILLL~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND bL~INT.MN TIlE RURAL CIL~RACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT-NAME ADDRESS SIGNATURE PHONE , ]: / 5". , . I' WITNESS: 2__. DATEq~/~7 PAGE# TO SOUTHOLD TOV 'i BOARD PETITION ~E THE UNDERSIGNED, A~ RESIDENTS OF SOUTHOLD TOWT~ WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN III AND WILLLM~! H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HD} AND THE ADJACENT RESIDENTIAL PARCEL OF LAND ('R-40) (DESIGNATE/) ON SUFFOLK COUNTY T~-X I~L~P 10~o-062.00-0.}.00-022.001 AND 024.001) TO A GENEIL&L BUSINESS ZONE (B) FOR THE PURPOSE OF EoXPA,~NDING THEIR pARKING ..MND STOI~AGE. FOR OBXqOUS REASONS. A CAR DEALERSHIP OR ANY COMMERCLtL ENTERPRISE SHOULD NOT BE PEILMITTED TO EXPAND INTO HA~ILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFEC~ THE INTEGRITY AND VALUE OF IM~IEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE .AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR-S, DED ANYTHING CAN .AND ,~IAY H.sdoPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFI~kCTIONS, AND INVASION OF PRI~ACY INTO RESIDENTIAL AREAS. /~[ULLEN MOTORS HAS A GOOD N.A2~IE AND ENOUGH VISIBILITY AS THINGS ARF- HOWEVEIL FURTHER CObIMERCL~L EXPANSION INTO SAID SITES IS NOT IN iCEEPING WITH OUR BEAUTIFUL H[STORIC 1640 VILLAGE A~ND OUR RESIDENTLkL PROPERTIES. ',VE ASK THE BO,LRD TO REJECT THIS APPLICATION- WE WOULD LIKE TO I*LN O W WHO AUTHORIZED THE CUTTING OF THE TREES ON TIlE FORMER LUCEY PROPERTY AND WERE A2~t' OF THE TREES ON THE PUBLIC RIGIIT OF WAY. WE TIIE PETITIONERS WOULD LIKE AN ANS;%'ER ',7_4 TtIE LOCAL P.&P ERS Lc. T~4VELER WATCH~L~NISUFFOLK TIMES, THIS PETITION IS GENEI~4TED ~[TH NO bLALICE TOWARD MULLEN MOTORS INC., RICHAARD F. MULLEN III OR 'WILLL~SI H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LAW TO OPPOSE TtIE PETITION OF RICHARD F. MULLEN lli .~ND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RUR-~L CHA~$CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN - OARD PETITION 'WE THE UNDERSIGNED, ~S RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE ~PLICATION OF ~C~ F. MULLEN III AND ~LLI~I H. MULLEN TO ~ ZONE COLONIAL CO~ERS ~B) ~D THE ADJACENT RESIDENTIAL PARCEL LAND ~-40) ~ESIGNATED ON SUFFOLK COUNTY T~X M~ 1~-~2.~.~22.~1 ~ND 024.~1) TO A GENE~L BUSINESS ~NE (B) FOR THE PU~OSE OF EXP~DING THEIR pARiNG ~D STO~GL FOR OB$qOUS ~SONS, A C~ D~LERSHIP OR ~ COMMERCL~L ENTE~SE SHOULD NOT BE PERMITTED TO EXP.~D INTO ~ILET BUSINESS DISTilS OR ~ESIDENTL~L A~ IT WOULD AD~SELY AFFE~ THE INTEGRITY AND VALUE OF IMMEDIATE ~D SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~G~ED ~NYTHING C~ .~ND bL~Y ~PEN. A COMMER~ BUSINESS DOES NOT BELONG IN THIS SE~ING. IT C~T~ T~FIC ~S, HIGH NOISE INF~IONS, ~D I~ASION OF P~VA~ INTO ~SIDE~ ~. MULLEN MOTO~ ~4S A ~D N~ME .~D ENOUGH ~SIBILITY AS THINGS ~ HO~;~ FURTHER COMME~CL~L EXPANSION I~O SAID SITES IS NOT IN KEEPING ;~1TH OUR B~UTIFUL HISTO~C 1~0 ~LLAGE .~N'D OUR ~SIDENT~L PROPERTIES. ~ ASK THE BO.~ TO R~ THIS ~PLICATION. ~ WOULD LI~ TO ~OW ;~O A~HORIZED THE CU~ING OF THE TREES ON THE FO~MER LUCEY PROPERTY ~D ~ ~ OF THE T~ES ON THE PUBLIC RIGHT OF WAY. ~ THE PETITIONERS WOULD LIKE .&~ ANS~R ~ THE L~AL PAPERS Le. T~LER WATCH~/SUFFOLK TIMES. THIS PETITION IS GENE~TED ~TH NO N/&LICE TOWARD ~IULLEN MOTORS INC., ~C~D F. MULLEN III OR WILLIAM H MULLEN. THIS PETITION IS ONLY IN ~SPONSE TO OUR G~N ~IGHT BY LAW TO OPPOSE THE PETITION OF RICH.~D F. MULLEN Ill AND ~2LL~M H. MULLEN TO P~OTE~ TIIE VALUES OF P~OPERTIES .~ND M.~NTAIN THE ~U~ CHA~ER OF OUR COMMUNITY- PETITION SIGNATURE SHEET # PKI-NT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD T~WN ~ JARl) AS RESIDENTS OF SOWrHOLD TO~,~[ 'WE ASK THE BOARD TO REJECT THE ~tPPLICATION OF RICtL~iX) F- I~IULLEN III ,~ND V~ILLLM'~I H- MULLEN TO DOW'N ZONE COLONIAL CORNERS {liB) ,~ND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40} ('DESIGNATED ON SUFFOLK COUNT'f TAX M~.P 10~}.-062.04~0S.0~022.001 AND 024.001) TO A GENERal, BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PAI~KING .,~ND STOB. AGE. FOR OBVIOUS REASONS. A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO I'I~ILET BUSINESS DISTRICTS OR RESIDENTL~L AREAS, IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF II~IMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGIL&DED ANYTHING C.&~N AaND bL&Y HAPPEN. A COMMERCLkL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC H_~d~.DS. HIGH NOISE INF~.&CTIONS, A~iD INVASION OF pRIVACY INTO RESIDENTLAL AREAS. MULLEN MOTORS H.&S A GOOD N.~O. IE AND ENOUGH VISIBILI'I~ AS THINGS ARE. HO'?fEVEI~ FURTHER COMMERCIAL EXP.kNSION INTO SAID SITES IS NOT IN ICEEPING ~.VI T H OUR BEAUTIFUL HISTORIC 16-10 'flLLAGE AND OUR RESIDENTL~L PROPERTIES XVE ASK THE BOARD TO REJECT THIS APPLICATION. 'WE WOULD LIKE TO I~NOW '**/HO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY' .Zd~D '~ERE .~'¢Y OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE .~N ~NS~,VER 't3,A THE LOCAL PAPERS te. TB_&VELER WATCH~L~.N/SUFFOLK TIMES- TIllS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICI~kRD F. MULLEN III OR '*VILLL~_`*I H. MULLEN. THIS PETITION IS ONLY IN I~ESPONSE TO OUR GD,~EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICILk~D F. I~IULLEN III &ND W'ILLL~`*[ H. MULLEN TO PROTECT THE V.&LUES OF PROPERTIES AND bI~INTAIN THE RUI~kL CHAIL&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PlaINT NAME ADDRESS SIGNATURE PHONE o.~ WITNESS: ~,~ ~-.~r~f~_ PH# '~(~"L.~"~a~::~ DATE SITE PLAN VIOLATIONS I. Parking Lot Io the rear of Mullen Motors along Cottage Place was lo be used for Employee Parking Only. Fact. There have been over 35 cars stored Ihere overnight. (I violation). 2. A 165 ft. long grass buffer. 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the car dealership. Foci. No 165 ft. long grassy buffer 10 fl. wide has been planled. No hemlocks Irees have been planted either. (2 violallons). .3. A 60 fl. ions chain link fence ;long with 60 ft. of Iow growing shrubbery was Io be inslalled and planted on lite east side of Collage Place Io shield residenls from dealership operallons. Fact. The fence has been laken down and shrubbery ripped oul. replaced by macadam and parked cars. (2 violations). ,~. Two 12 foot wide gates were posted on eilher end of the Employee Parking Lo! IO control ingress and egress of cars. Fact. The gates have been removed, replaced by multiple car access. (I violalion). 5. "Employee Parking Only ' signs were supposed lo be inslailed in Employee Parking Lol. Fact. They have never been installed. (I violation). 6. The chain link fence enclosing Ihe Customer Parking Lot on the Main Road, should run from Ihe video slore to about one-third the distance Io Cottage Place. FnCl. The fence runs the whole length of the Main Road to Cottage Place and 7 feel beyond the property corner stone. Also, the lot designaled for Customer Parking and Dealership Sales. only has Dealership cars parked on il. (I violation). T. No vehicles are allowed between the addition and forward to the north front properly line. Facl. Vehicles have been parking in thi,~ prohibiled zone. (1 violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code- FOCI. Dealership has insufficienl shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 stales, ' Ali outdoor lighling shall be shielded so that the source is not visible from adjacent properlies and roadways. Lighting fixlures shall focus and direct Ibe light in such a manner as to contain Ihe lighl and glare within properly boundaries.' The Neighborhood currently Iolerales excessive lighl and glare from these intrusive flood lighls. (2 violalions). 9. Bubble showroom at the front was to have grass only between il and the Main Road. FOCI_ Dealership added 2 concrete pads in 1989 violaling the Site Plan. Afler geltlng a hindsight okay from the ZUA with a 1994 Area Variance. the entire front landscaped area was macadamed over. This action violated the Site Plan once al~ain, as well as the Area Variance granted to the dealership on Sept. 26, 1994. To dale. neither violation has been addressed. (2 violations). 10. Sufficiem visibility should not be adversely affecled. Facl. Siring of cars parked on macadam in front of bubble showroom adversely of feel tile visibilily of drivers exillug Collage Place Ohio the Main Road-- an accidenl wailing to happen_ (1 violalion). Total Number of Violations=14 S.T.O.P.-- Watch Southold Town Organization for Preservation--Walch P.O. Box 1445, Southold. N.Y. 11971 Information PUDLIC DOMAIN gathered from Southold Town Planning I~oard and ZBA files. PETITION SAVE COLONZAL CORNERS STOP SUBURI~AN SPRAWL PROTECT LOCAL SUSZNESSES SAFEGUARD PROPERTY VP. LUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charlning hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHERE&S, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences,, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erec~ another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; W~EREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destro~ the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANOE OF ZONE: NAME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN BPP. AWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island d~velopment pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; W~EREAS, William and Richard Mullen have applied to expand this car dealership further, erec~ another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CI~%NGE OF ZONE: NAI~ ADDRESS PHONE SIGNATURE ~ ~ - ?---. - ............. -. ~-- ......... -_- ............ ! ~ .......... ~ '-~-~-z~-~---~---- ........... . ~--~--- ~/ "-' ,, , ,,, ,, ' PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; W~EREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; · W~EREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; ~HEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE% we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD ~OTE NO TO THIS CHARGE OF ZONE: PETITION SAVE COLONIAL CORNERS STOP SUBURNAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and char~ing hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; · WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and-chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE% 'we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: PRINT N A/VIE ADDRESS SIGNATURE PHONE WITNESS: PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOC/tL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PRINT NAME ADDRESS SIGNATUI:LE PHONE ,~,,~ C~ROLYN A. ZZNK ATTORI~EY AT T_~H 121Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 Southold Town Board Southold Town Hall Main Road Southold, New York 11971 July 9th, 1998 '?OWN ATTORNF_Y'S OFFICE TOWN OF SOUTHOLD RE: PETITION AGAINST A CHANGE OF ZONE FOR MULLEN MOTORS CAR DEALERSHIP. Dear Members of the Southold Town Board, I represent a number of Southold property owners and residents in the vicinity of the Mullen Motors car dealership. As. you know, william and Richard Mullen have applied to your board to down grade a 1.25 acre parcel of land located at the southwest corner of NYS Route 25 and Locust Lane from a Hamlet Business and Residential zone to an intense commercial zone known as General Business. Numerous Southold residents and business owners have vigorously protested this down-zoning. Attached you will find two separate petitions urging you to reject this change of zone request. (See Exhibits A and B). In total, 1060 citizens have objected to this change of zone. Recently, I forwarded another protest petition to you, wherein adjoining property owners and property owners opposite the Mullen Motors site, objected to this change of zone. Under Town Law section 265, a super majority (five affirmative votes) of the Town Board is now required to change the zone. I opposed this change of zone by sworn affirmation on the 29th day of September 1997 based upon fifteen years of land use planning experience in the Towns of Southampton, East Hampton, and Shelter Island as a Planner and Environmental Attorney with the Group for the South Fork. The Group for the South Fork is the East End's leading environmental protection organization. I emphasized that officials had assessed the wrong action under the State Environmental Quality Review Act, namely a parking lot proposal, when in fact the application before the board is for a comprehensive change of zone, which would run with the land and allow numerous uses. These uses, if allowed, would downgrade this neighborhood, create suburban sprawl, hurt local businesses that depend on small down town char~ to survive, and invite tacky automobile-intensive and other page 2 highly intensive uses. This change of zone would restrict neither Mullen Motors or future property owners to one use. I also emphasized that residential zones are far less commercial and more attractive zones, allowing for such uses as farms, horse farms, vineyards, churches, libraries, art galleries, and museums. These uses contrast sharply with the uses allowed in the General Business zone like fast food restaurants, (7-11s, McDonalds etc.) warehouses, gas stations, car washes, bars, and food processing plants. I informed you that the change of zone would allow "Colonial Corners" to be torn down and converted to intense, unattractive commercial uses since there is no legal guarantee that the developer would stick to casual verbal representations that the property would only be used for a parking lot and not for other uses. Sprawling suburban parking lots have bright flood lights that disturb residents, degrade neighborhoods, and reduce property values. They have no place in historic Southold. PLEASE ~JECT THIS CHANGE OF ZONE ~EQUEST consistent with the will of your constituency, and preserve the rural charm of Southold and local business interests. Sincerely, cc: Town Attorney Planning Board Zoning Board of Appeals Nelson, Pope, and Voorhis Code Enforcement/Building Department Code Committee Press NELSON~ POPE & VOORHIS, LLC ENVIRONMENTAL · PLANNING CONSULTING S72 WALT WHITMAN ROAD MELVILLE, N.Y. 11747 (S16) 427-666S FAX (516) 427-5820 RECEIVED JUL 9 1999 SeiJ~old To,am CJe~ N~,iil,~,ld, X', I!'!,~] I'F': .lc,il ill,. ;tl~7""OP~.O ?',ltl' Jh',~,l,t: ~ f'*~,e' I~.':~'[ll,T~t,l, I-)~'bil:: ('~di*,','~ I.al, ~ 0(,/:?(,i,)~ t)/,,l~;:,,.('lFj] STP 11:~-~", ]400 t)O [~t)O.(~,n Exhibit A PETITION SAVE COLONI/LL CORNERS STOP SUBUPd~AN SPRA~rL PROTECT LOCI~L BUSINESSES SAFEGUARD PROPERTY V~uLUES W~EREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WI{EREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WltEREAS, William and Richard Mullen have applied to expand this car dealership further, erec~ another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; W}IEREAS, this zone change would destro~ the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHJkN~E OF ZONE: NAME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY V~ULUES W~EREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots~ and neon lights; development which has ruined the quality of life, replaced Mom and P,-,p businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullen have applied to expand this car dealership further, erec~ another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; W~EREAS~ the Corporation requests a change of zone for Colonial Corners to the General Business zone which would ailo~ it t~ be leveled for a parking lot, developed a'~ a fast food restaurant strip, and allow ugly gas stations, car washe~, and warehouses there; WMEREAS, this zone chan~e would destroy the character of the neighborhood, lower property values, an,{ harm the tourist-based economy and local business which depend heavily on their cbar~ and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO TBIS CHANGE OF ZONE: NAME ADDRESS PHONE SIGNATURE 5) .' ,"~ ~"lSd' ':~/~ -- 2 > f '7 '~<.-c~_/ .:,.%~ _ .~ ~ ~ __' ~ , .,, ~ - ' , 4~' i:~.~_~.~ /~1~ ~ ~ /~ ~] ¥,~ ............... ~ ..... 7 ........ ~- .... ~ ~' ~' -~ ..... ~ '~'--~-=~ ....... , , , t ~ ~ ~~-~ ..... ~-~ ......... ,~-'--~"~::'~L:-~:-, '- ~ ' '~ d _ ' ~ ................ ~ .................. ~ ............. = ...... ---~ ..................... ~__'___~___~__~_ ~ ~', PETITION SAVE COLONIA~ CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VP~LUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the hiqhest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stati~ns, sprawling parking lots, and neon lights; development whi:h has ~uine,[ the quality of life, replaced I4om and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Hotors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Hullen have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America WHEREAS we are disgusted by the sprawling development in western Suffolk characterized by strip malls, car dealerships, gas stations, sprawlJ~g parking lots, and neon lights; development which has ruined the quality of life, replaced Hom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', 'we the undersigned, business persons and residents of Southold, re( uest that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PRINT N A/',~ ADDRESS SIGNATURE PHONE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAW~ PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; de';elopment which has ruined the quality of life, replaced [,Iom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and ha~-m the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PRINT NAb,~E ADDRESS SIGNATURE PHONE fit. Old ,, .. Exhibit B ~O SOUTHOLD TOWN BOARD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RiCHARD F. MULLEN Eli AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS {HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX I~tAP 1000-062.00-03.00- 022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEH1 PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO IN'CREASED USAGE . ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTIaNG. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH x?IS1BILITY AS THI?4GS ARE. HOWEVER, FURTHER COMMERCIAI, EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LII'CE TO K_NOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VL4, THE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK T~MES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN 1TI OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN ITI AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. ~'o SOUTHOLD TOWN BOA1H) PETITION J] %~r~ TIIE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOW3q ~E ASK THE BOARD TO RF~IECT THE A~PLICATION OF ~C~&RD F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ~NE COLONIAL CORNERS ~B} AND THE ADJACENT RESIDENTIAL PARCEL OF LAND ~-40) ~EgIGNATED ON SUFFOLK COUNTY T~ ~L~ 1~-~2.~03.~-022.~1 AND 024.~1) TO A GENE~L BUSINESS ZONE (B) FOR THE PURPOSE OF ~XP~DING THEIR PA~NG ~ND STO~G~ FOR OBVIOUS ~SONS, A C~ D~ERSHIP OR ~ ~MMERC~L E~E~SE SHOULD NOT BE PERMITTED TO EXP~D I~O ~iLET BUSINESS DISTRI~S OR RESIDENT~ AREAS. IT WOULD AD~RSELY AFFE~ THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AN~ SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~WNG~ED ~NYTHING C~N .MND NL~Y HAPPEN. A COMMERCIAL BUSINESS DO~ NOT BELONG IN THIS SE~ING. IT CRATES T~FFIC H~S, HIGH NOISE INF~g~IONS, ~D I~ASION OF P~%~ INTO RESIDENT~ ~S. MULLEN MOTORS ~ A ~D N~ME AND ENOUGtl g~SIBILI~ AS THINGS ~ HOg~ FURTHER COMMERC~L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTO~C 16~0 ~TLLAGE AND OUR RESIDENT~ PROPERTIES. ~ ASK TIlE BOARD TO R~E~ TI[IS APPLICATION. gXE XgOULD LIKE TO KNOW g~O AUTHORIZED THE CUTTING OFTHE TREES ON THE FORMER LUCEY PROPERTy ANDX~EREANYOFTHETREESONTHEPUBLICRIGiITOFWAY. WETttE PETITIONERS WOULD LIKE.~NANSg~RV[A~HE LOCAL PAPERS Le. T~kg~LER Xg ATCHMAN/SUFFOLK TIMES. TIIIS PETITION IS GENEraTED ~TTH NO ~tALICE TOWARD MULLEN MOTORS INC., RICtL~D F. MULLEN III OR WILL~M H. MULLEN. THIS PETITION IS ONLY IN HESPONSE TO OUR GI~N RIGHT BY LAW TO OPPOSE THE PETITION OF RICkeD F. MULLEN III AND gg]LLIAM H. MULLEN TO PROTE~ TIIE VALUES OF PROPERTIES AND MAINTAIN THE RU~. CHA~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATUKE PHONE WITNESS: 'PAGE# / / O '£O SOUTHOLD ';OWN BOARD PETITION Vt"E TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'&SN '~E ASK TIlE BOARD TO RFJECT THE APPLICATION OF RICILMRD F. MULLEN I11 A~D WILLIAM H. MULLEN TO DOWel ZONE COLONIAL CORNERS OIB) AND THE AD.IACENT RESIDENTIAL PARCEL OF L_~g ND {llM0) (DESIGNATED ON SUFFOLK COUNTY TAg I~I.~P 10OO-062.00-03.00 022.001 AND 024.001) TO A GENEI~AL BUSINESS ZONE (B) FOR THE PUB-POSE OF EXPANDING THEIR PARKING AND S-fOlIAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR AN~ COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO IIAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELV AFFECT THE INTEGRITI' AND VALUE OF IMMEDIATE AND SURROUNDING HOLIES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOVe, GRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS BETTING. IT CREATES TRAFFIC ~LAZARDS~ HIGH NOISE INFBAC'TIONS, .4aND IN~ZASION OF pRI~,rACY INTO RESIDENTL&L AREAS. MULLEN MOTORS tIAS A GOOD NA,ME AND ENOUGH ~,~ISIBILITY AS THINGS ARE. HOWEVIBIL FURTHER COM~IERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITtl OUR BEAUTIFUL HISTORIC 16-10 VILLAGE AND OUR RESIDENTLkL PROPERTIES. '~E ASK TIlE BOARD TO REJECT THIS 2~PPLICATION. X~,E g~,OULD LIKE TO KNOV~ 5~,q40 AUTHORIZED THE CUTTING OF TIlE TREES ON TIlT FORMER LUCEY PRO PERT\ AND WERE ANY OF TIlE TREES ON TIlE PUBLIC RIGHT OF WAY M,~ETIIEPETITIONERSV¢OI'I.D LIKE AN ANSWER VIA THE LOCAL PAPERS i.e. TR_&VELER V4ATCtlMAN/SUFFOLK TIMES THIS PETITION IS GENERATED WITH NO 5L4,LICE TOWARD MULLEN MOTORS INC., RICtIARD F. ?,[ULLEN Ill OR 'O,q!LLLkM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICJLkRD E. MULLEN III AND WILLIA),I ti. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIIE RUB_M, CHAD-ACTER OF OUR CO,MSIUNITY. PETITION SIGNATURE SHEET # PRJNT NANfE ADDRESS SIGNATURE PHONE WITNESS: ~', PH# '~(~'-- .~-;~f~, ATE~.~PAGE# ~ TO SOtlTltOL ) TOWN BOAIkD III AND '~'ILLIAM H. MULLEN TO DO~V~ ZONE COLONIAL CORNERS (HB) AaND THE ADJACENT RESIDENTIAL PARCEL OF LAND ~40) (DESIGNATED ON SUFFOLK COUNTY TAX MA~ 1000-0~2.0~-03.00-022.001 .MND 024,001) TO A GENERAL BUSINESS ZONE (R) FOR THE FUR-POSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DE.ALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RES[DENTIA. L AR_EAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUS1NESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGB.&DED ANYTtilNG C.~N .S~ND NL&Y IIAPPEN. A COMMERCIAI~ BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR. MrFIC ILA~dlJ)S, HIGII NOISE INFRACTIONS, A~D IN'VA~ION OF FRI~dACY INTO RESIDENTL4=L AJIEAS. MULLEN MOTORS 1L~.S A GOOD N.AME AND ENOUGH VISIBILITY AS THINGS ~ HOWEVEIL FURTItER COMMERCIAL EXPANSION INTO S.~dD SITES IS NOT IN KEEPING WITIt OUR BEAUTIFUL HISTORIC 1(~40 VILLAGE A~D OUR RESIDENTLM. PROPERTIES. ~VE ASK TIIE BOARD TO REAEC~ THIS .&PPLICAT[ON. VJE WOULD LIKE TO KNOW '¢,I-Io AUTIIORIZED THE CUTTING OF THE TREES ON TIIE FORMER LUCEY PROPERTY .~_\DWEREA-NYOFTHETREESONTIIEPUBLICKIGIITOFX~.&Y. ~ETIIEPETITIONERSV4OLLDLIKE.,,NANSV. I:RVIATHE LO~:.kL PAPERS i.e. TI~-&',1~LER WATCHMAN/SUFFOLK TIMES. THIS PETITION' IS GENEILkTED WITIt NO .~L&LICE TOWARD MULLEN .MOTORS INC., RICH kRD F. MULLEN III OR W1LLL&M lt. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION' OF KIC~L&RD F. MULLEN III .~ND ~V1LLI:~-',[ Il. MULLEN TO PROTECT '[lIE VALUES OF PROPERTIES &ND ,MAINTAIN THE RUR_kL CILXR.~,CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET Ct PRINT NAME ADDRESS SIGNATURE PHONE "' '¢' ' 'TO SOUTISOLD TOWN BO,. PETITION ~ WE THE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOVc~'N ~VE ASK THE BOARD TO REJECT TIlE APPLICATION OF RICII,kRD F. MULLEN III ~ND $~LLIAM H. MULLEN TO DOW~ ~NE COLON[AL CORNERS ~B) AND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND ~-40) ~ESIGNATED ON SUFFOLK COUNTY T~X SLkP 1~-~.~03.~22.~I .~ND 0~4.~1) TO A GENEraL BUSINESS 7~NE (B) FOR THE PU~OSE OF ~X P~N DING TIIEIR PARING ~D STO~G~ FOR OB~OUS ~SONS, A C~ DEALERSHIP OR A~ COMMERC~ ENTE~SE SHOULD NOT BE PE~IITTED TO EXP~D INTO ~ILET BUSINESS DISTHI~S OR RESIDENTL~L AH~5. IT WOULD AD~RSELY AFFE~ THE INTEGRITY AND VALUE OF IMMEDIATE ~D SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~WNG~DED .&NYTHING CAN ~ND N~Y ~PPEN. A COMMERC~ BUSINESS ~ES NOT BELONG IN THIS SETTING. IT CREATES T~FFIC ~5, HIGH NOISE INF~IONS, ~D INVASION OF P~VA~ INTO ~SIDENT~L ~EAS. MULLEN MOTORS HAS A ~D N~ME AND ENOUGH ~SIBILITY AS THINGS A~ HO~ FURTHER COMMERC~L EXP~'SION INTO SAID SITES IS NOT IN KEEPING ~;2T[I OUR BEAUTIFUL HISTORIC 1~0 ~LLAGE AND OUR RESIDENTIAL PROPERTIES. ~E ASK YIIE BOARD TO R~ TIIIS APPLICATION. WE WOULD LIKE TO KNOW WIIO AUTIIORIZED TIIE CUTTING OF THE TREES ON TIlE FORMER LUCEY PROPERTh ANDh~EREANYOFTtIETREESONTIIEPLBLICRIG[ITOFWkY. WE TIIE PETITIONERS WOULD LIKE .kN' ANSh~R X~A THE LOCAL PAPERS i.e. T~k~LER WATC[[M.~N/SUFFOLK TIMES. THIS PETITION IS GENEraTED ~qTI[ NO MALICE TOWARD MULLEN MOTORS INC., ~C~D F. MULLEN Ill OR WILLI.kM II. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR G~N RIGHT DY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN III .&ND ~qLLI.~M H. MULLEN TO I'~OTE~ THE VALUES OF PROPERTIES AND MAINTAIN TIIE RUraL CtIA~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PKhWI' NAME ADDRESS SIGNATL ~E PHONE g. ,.u.,, %5-- · TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOUTHOLD TO~q WE ASK TIlE BOABD TO REJECT THE APPLICATION OF KICH. ARD F. MULLEN III .'~ND ~`,]LLIAJ~I H. MULLEN TO DO~fN ZONE COLONIAL CORNEBS ([lB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND ~-40) (DESIGNATED ON SUFFOLK COUNTY TAX M~P 1000-062.0~}-03.00-022.0~1 AaND 024.0~1) TO A GENEB-~L BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPANDING THEIR PARKING A~D STOB. AGF~ FOR OBVIOUS KEA~ONS, A CAR DEALERSHIP OR ANY COMM'ERCIAI, ENTERPRISE SHOULD NOT BE PEI~MITTED TO EXP.~ND INTO HA31LET BUSINESS DISTRIC'I'S OR RESIDENTIAL A~EAS. IT WOOLD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOME5 AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~A~G~&DED ANYTHING CA~N AND 5LSY IL4PPEN. A COMMERCLt. L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC H,~A)S, HIGH NOISE INFKACTIONS, A~D INVASION OF PRIVACY INTO RESIDENTL&L AREA~ MULLEN MOTORS HAS A GOOD NAME AND ENOUGH `,qSIBILITY AS THINGS ~ HOW~YEIL FURTHER COMMERCIAL EXP.~N$1ON INTO SAID SITES IS NOT IN bLEEPING WITH OUR BEAUTIFUL HISTORIC 1640 `,'ILLAGE A.ND OUR RESIDENTL~-L PROPERTIES. `,VE ASK TIlE BOARD TO RE.IECI' THIS APPLICATION. ~'E WOULD LILLE TO KNOW WHO AUTHORIZED THE CUTTING OF TtlE TREES ON THE FORMER LUCEY PROPERTY AND WERE AN~t' OF THE TREES ON THE PUBLIC RIGHT OF WAY. XX'E THE PETITIONERS WOULD LIKE AN ANSWER `,qA TIIE LOCAL PAPERS i.e. Tg-k`,~EL ER WATCHMANISUFFOLK TIMES. THIS PETITION IS GENEI~kTED VdITH NO NL~LICE TOVCA~D MULLEN ,MOTORS INC., RICH_'~RD F. MULLEN III OR WILLL~.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LA',*,' TO OPPOSE THE PETITION OF RICH.&RD F. MULLEN III AND WILLL&,M H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MA/NTAIN THE RUK~L CHAg-hCYER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRiNT N/d~IIE ADDRESS SIGNATURE PHONE q,rA %: TC 3OUTHOLD TOWN rlOARD *,VE THE UNDERSIGNED. AS RESIDENTS OF SOUTHOLD TOW~ '~VE ASK TIlE BOARD TO ILE.IECI THE APPLICATION OF RIC}L4, RD F. MULLEN 111 AND WILLIAM H. ,MULLEN TO DOWN ZONE COLONIAL CORNEItS ~HB) AND THE AD.IACENT RESIDENTIAL PARCEL OF LAND 0t-40) (DESIGNATED ON SUFFOLK COUNTY 'I'AX MAP 11~0-062.00~13.0~-022.11~1 .~ND 024.0t}1) TO A GENER.~,L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STOKAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR A.NY COMMERCI.~L ENTERPRISE SHOULD NOT BE PERMITTED TO EXP.~ND INTO IL~,ILET BUSIIqESS DISTRIC'PS OR RESIDENTIAL ARE,AS. I'r WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE O1' IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIIE PROPERTY IS DOWNGR_&DED AaNYTHING CAN AND ~L&Y ILM?PEN. A COMMERCL&L BUSINESS DOES NOT BELONG IN THIS SETTING IT CB~ATES TR2~FFIC I-La. ZARDS, HIGH NOISE INFR.4.CTIONS, AI~D INVASION OF pBiVACY INTO RESIDENT[AI, AIIEAS. I~,IULLEN MOTORS H~&S A GOOD NA~ME AND ENOUGII V'ISIBILITY AS THINGS ARE. tlOWEVEIL FURTHER COMMERCL&L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTLkL PROPEIITIES. '~',~ ASK TIlE BOAltD TO REJEC~r THIS APPLICATION. PETITION SIGNATURE SHEET # PRI~XFE NAME ADDi~JESS SIGNATURE PHONE I o,r~ TO SOUTHOLD TOWN BOARD WE TIlE UNDERSIGNED, AS RF~IDEN-fS OF SOUTHOLD TO%$~ WE ASK THE BOARD TO ILEJW~CT TIlE APPLICATION OF RICI~ARD F. r~IULLEN III AND WILLI~,M I[. I~IULLEN TO I)O~ ZONE COLONIAL CORNERS 0lB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND fR 40) (DESIGNATED ON SUFFOLK COUNTY T~-X I~IAP 10~4]-06Z.I]~O3.O~0Z2.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PUILPOSE OF EXPANDING TtlEIR PARKING AND STOKAGE. FOR OB~IOU$ REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~IITTED TO EXPAND INTO I[AI~ILET BUSINESS DISTRICTS OR RESIDENTb~,L AI~.A~. IT WOULD ADVERSELY AFFECT TIlE INTEGRITY ~AND VALUE OF IMMEDIATE AND SUI~IROUNDING HOMES AND RUSINE$SE~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DO',¥NGB. ADED ANYTIIING CAN .-MND NLA',' HAPPEN. A COMMERCIAL BUSINESS DOF~ NOT BELONG IN Tills SEll'lNG. 1~ C~I.F_.ATES TRAFFIC ILAZAIZD$, HIGH NOISE INFRACTIONS. AND INVASION OF PRIVACY INTO RESIDENTIAL AREA$. MULLEN MOTORS IIAS A GOOD N,~,IE AND ENOUGII VISIBILITY AS TILINGS ARE. IIOWEVEI~ FURTUER CO,MMERC1AL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITII OUR IiEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIE& · ASK TIIE BOARD TO REJECT Tills APPLICATION. ~E WOULD LIKE TO KNOW WHO ALFFHORIZED TIlE CLT~FING OF 'VHIE TREES ON THE FOI~MER LUCEY PROPERTY AND ~EKE A~Ny OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. %~ TIIE PETITIONERS WOULD LIKE A~N .MNSX~R ',3A TIlE LOCAL PAPERS I.e. TIL&~IELER WATCHMA,N/S UFFOLK TIMES. THIS PETITION IS GENERATED WITII NO bL~LICE TOWA~RD MULLEN IHOTOI~S INC., RICII~RD F. I~[ULLEN Ill OR XX~LLIAM H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN IH AND WILLIA~I II. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIlE RUIL.XL CILAJLACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME . ADDRESS ~ SIGNATURE PHONE .h-. ~ ~r e',I 70.3 C)o ,' 71:. q . SOUTHOLD qt~ AN BOARD AS RESIDENTS OF SOUIlIOLD TO~N '*VE ASK TIlE BOARD TO REJECT TIlE APPLICATION OF RICtLkRD F. MULLEN III AND WILLIA~M H. ,MULLEN TO DOWN ZONE COLONIAL CORNERS ~IB) AJqD TIlE ADJACENT RESIDENTIAL P&RCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX M.M? 1000-0~l.60-03.00-022.001 .~ND 024.801) TO A GENER-AL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPAaNDING THEIR PARKING AND STORAGE. FOR OB',TOUS RE.ASONS, A CAR DEALERSHIP OR A1VY COMMERCI. AL ENTERPRJSE SHOULD NOT BE PERMITTED TO EXPAND INTO FLAMLET BUSINESS DISTRICTS OR RESIDENTIAtL AREAS. IT WOULD AD~fERSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR.ADED ANYTHING C.~N' .~ND MAY ILz, PPEN. A COMMERCLkL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TII>,FFIC IfAZAJIDS, HIGH NOISE INFI~hCTIONS, A~ND INVASION OF pRIVACY INTO RESIDENTLLL AREAS. MULLEN MOTORS FL:tS A GOOD N.A_ME AND ENOUGH VISIBILITY AS TILINGS ARE. HOWEVER, FURTltER COMMERCIAL EXPA_NSION INTO SAID SITES IS NOT IN KEEPING WITtl OUR BEAUTIFUL HISTORIC I ~d0 '~'ILLAGE AND OUR RESIDENTIAL PROPERTIES WE.iSK THE BO ~RD TO RFAECr THIS APPLICATION. WE xx OULD LIKE TO KNOW ~,',HO AUTIIORIZED TIlE CUTTING Ok' THE TREES ON TIlE FORMER L[ CEY PROPERTY LOCAL P.iPERS Lc. TII_iX El. ER x~ ATCIIMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO ,MALICE TOWARD MULLER MOTORS INC., R[CtIARD F. MULLER llI OR WILLLKM H. MULLER. THIS PETITION IS ONLY IN RESPONSE TO OUR GrVEN RIGItT BY LAW TO OPPOSE THE PETITION OF RICIIARD F. 5[ULLEN III AND X',ILL[AN[ H. MULEEN TO PROTECT THE VALUES OF PROPERTIES AND MAINT.4.1N THE RUI~KL CltAR_~.CTER OF OUR CO,',[MUNITY. PETITION SIGNATURE SHEET PRINT NANfl~ ADDRESS: SIGNATURE PHONE - ' ' X '~ / /A///~ ~ ~ ~ ,' WITNESS: TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOUTHOLD TO%~N ~VE ASK THE BOARD TO R.E.~ECT THE APPLICATION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO DOWT~ ZONE COLONIAL CORNERS ~HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAqD CR~O) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-061.0q-03.00~022.001 AND 024.001) TO A GENEI~M. BUSINESS ZONE (B) FOR THE pURPOSE OF EXPA~NDING THEIR PARKING AaND STOflAGE. FOR OBVIOUS RF_~SONS, A CAR DEALERSHIP OR ~NY COMMERCIAL ENTEH.PRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HA~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD%'ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGgL~DED ANYTtIING CAN AND MAY tL~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR_~FFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS, MULLEN MOTORS tLs~S A GOOD N.~IE AND ENOUGH VISIBILITY AS THINGS ARE- HO~ArEVEI~ FURTIIER COMMERCIAL EXPANSION INTO S.SAD SITES IS NOY IN KEEPING X~3TII OUR BEAUTIFUL HISTORIC 1640 V~LLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIlE BOARD TO RE.YECI THIS APPLICATION. V~'E WOULD LIKE TO KNOW %'HO AUTHORIZED THE CUTTING OF THE IREES ON lIIE FORMER LUCEY PROPERT~ .SNDWERE..LN'YOFTtIETREESONIIIEPUBLICRIGllTOFWAY. WETIIEPETITIONERS\XOI [D LIKE AN ANSWER ~ IA I lIE LOCAL PAPERS I.e Tg-k~]~LER V, ATCIIMAN:SUFFOLK TIMES. Tills PETITION IS GENEI~ATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLLkM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN III .~N'D ','~ILLIAX, I H. MULLEN TO PROTECT THE V.ALUES OF PROPERIIES AND M kINTAIN THE RUR_4L CPL~Ot. ACTER OF OUR CO?dMUNITY. PETITION SIGNATURE SHEET PRINT NA~rF ADDRESS SIGNATURE PHONE WITNESS: DATE ///~/~AGE# ~ TO SOUTHOLD TOWN bOARD PETITION WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~,~ WE ASK THE BOAJtD TO R~JECT TIIE A-PPLICATION OF RICH.~;LD F. 5[ULLEN III AND ~,~FILLIA~X'I H. IMULLEN TO DO~.~'N ZONE COLONIAL CORNERS ~HB) .-haND THE ADJACENT RESIDENTIAL PARCEL OF LAND ~-40) (DESIGNATED ON SUFFOLK COUNTY TA-'4 M.4.P 10~0-0~2.00-03.00-022.001 .S~ND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURI'OSE OF EXPANDING THEIR pARKING AND STO II. AG E. FOR OB"qOUS IIE.,~ONS, A CAll DEALERSHIP OR A.NY COM:',IERCIAL ENTERPBJSE SHOULD NOT BE PEI~',IITTED TO EXPAND INTO lt=MMLET BUSINESS DISTRICTS OR RESIDENTL4L AREAS. lq' WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO ,MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED A~N'YTHING CA~N A~N'D NLs. y I~A_PPEN. A COMMERCL'kL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CRaF-ATES TRAFFIC H~LZ.MtDS, HICH NOISE INFRAc'rlONS, A~ND IN'CASION OF PRIVACY INTO RESIDENTLAL NItE,S~. MULLEN MOTORS H_~,S A GOOD N.~ME ENOUGH VISIBILITY AS TILINGS AJt. E. HOWEVER, FURTHER CO,MMERCIA~L EXP.~NSION IN-fO SAJD SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 16.40 'VILLAGE A~ND OUR R.ESIDENTIAL PROPEHTIES. WE ASK THE BOARD TO REJECT TIIIS .~PPLIC.A-TION- V,~ WOULD LI~ TO KNOW '~,~O ALq'HORIZED TIlE CUTTING OF THE TREES ON THE FO R5 [ER LUCEY PROPERTY LOCAL PAPERS Lc. TRk~,~LER ¥,'ATCHNIAN/SUEFOLK TIMES. THIS PETITION IS GENERATED 5~ITH NO .~IALICE TOWARD MULLEN MOTORS INC, RICtLkRD F. N[ULLEN I[I OR W'ILLL~>,I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN ltlGHT BY LAW TO OPPOSE THE PETITION OF RICH_kRD F. MULLEN III b~ND ',;7LLLkNI H. MULLEN TO PROTECT THE ¥.LLUES OF PROPERTIES AND M.klNTAIN THE CH_4~q>.CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET o "'~>? · '~7~PAG£#- 3 WITNESS: '~?r~, r ~,~ ~ ~ PH# 7~ ,:--.b~"/~f,.DATE // / ? TO SOUTHOLD TOWN BOARD Ill AND ~,s, iL. LIAM H. blULLEN TO DOWN ZONE COLONIAL CORNERS fHB) AND THE ADJACENT RESIDENTIAL PARCEI, OF I,AND {R-40) (DESIGNATED ON SUFFOLK COUNTY T~-X [MAP 10~L062.00-03.00~022.0OI ,MND 024.0~1) TO A GENEN.~,L HL'S[NE.hS ZONE (B) FOR THE PURPOSE OF EXPANDI,NG THEIR PARKING AND STOIL~GE. FOR OBVIOUS REASONS, A CAR DE.ALEI~SIIIP OR ANY L~OMMERCIAL I~N'TEKPRISE SltOULD NOT BE PER3,1I"UI'ED TO EXPAND INTO IIAMLET BUSINESS DISTRICTS OR RESIDEN'riAL ARE.AS. IT WOULD ADV~RSEI,Y AFFECT' Tile 1NTEGItlTY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE Ab[) SAFETY DUE 1-O INCREASED USAGE. ONCE TIlE PROPERTY IS DO'~,~'NGR.S, DED ANYTIIING CA~N AND MAY HAPPEN. A COMMERCL,~L BUSINESS DOES NOT BELONG IN THIS SE'I-rING. I'l' CREATES TIL~FFIC H. AZ~MIDS, HIGII NOISE INFRAC'rIONS. AND INVASION OF PRIVACY INTO RESIDENTIAL ARE.AS. MULLEN MOTORS IIAS A GOOD NA?',IE AND KEEPING WlT[I OUR BEAUTIFUI, IIISTOR[C 16q0 VII,I,AGE AND OUR RESIDENTIAL PROPERTIES. '~VE ASK THE BOARD TO REJEC'r TI[IS APPLICATION. '¢,~ '¢, OULD LIKE TO KNOW 'l~,ltO AUTtIORIZED THE CI~fING OF THE TREES ON TtIE FORMER LUCEY PROPEBTY AND ~',LRE.kN't OFTIIETREESONTllEPUBLICRIGIITOF~'.AY. WETllEPETITIONERSWOLI,D LIKE kNANSX~ER VIA II[I. PETITION SIGNATUR~EET TOSOUTHOLDTOW~BOARD W'E TIlE UNDERSIGNED, AS RESIDENTS OF SODTIIOLD TOVCN ',VE ASK TIlE BOARD TO REJE~2T TIlE APPLICATION OF RICILhRD F. MULLEN III >-ND WILLIA_",I IL MULLEN TO DOWN ZONE COUONIAL CORNERS 01B} A2~D Tile AD.I.-',CENT RESIDENT[.',,I, P>,BCEI. Of I.AND (R-d0) (DESIGNATED ON SUFFOLK COUNTY TAX NIAP 104~-062.00 0.~.O~O~,Z.0~I AND 024 O01) '[O .-\ GENEbLA. i, ZONE (D) [''OR THE PURPOSE OF EXPANDING TIIEIR PARKING .XND STO~.AGE. 'FO EXPAND INTO ILt. MLET BUSINESS DISTRICTS OR RESIDEN"I'LttL AREAS. IT WOULD ADV'ERSEI,Y AFFECT TIl E INTEGRITY AND VALUE OF IMMEDIATE AND SURIIOUNDING HOMES AND BUSINESSES, NOT TO MENTION QU,\I.Ii"t' OF LIFE ANII SAFETY DUE TO INCREASED USAGE. O/~L'E I'llE PROPERTY IS DO',\'NGR-t. DED ANYTIHNG C.~N .LSD M.\Y I[APP[.SN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TI[IS SETTING. IT CREATES Tl~klr'FIC IL~,Z~kI4DS. IIIGII NOISE ENOUGH VISIBILITY AS TILINGS ARE. IIOXVEYER, FURTIIER COMMERCL-~L EXPANS{ON INTO SAID SITES IS NOT IN KEEPING 'O, qTl [ OUR BEAUTIFUl, HISTOI:IIC lC~10 V1LUAGE AND OUR RESIDENTLkL, PROPERTIES. XVE ASK TIIE BOARD TO RF,~EC'r Tills APPI.ICATION. Tills PETITION IS GENEI:L~,TED \VITI[ NO MALICE TOWARD MULLEN MOTOItS INC.. RICIIARD F. 3,1ULLEN 11I OR ',V[LEL~.M II. ML'LLEN. TIllS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGllT BY LA\', TO OPPOSE Tile PETITION OP RICHARD F. MULLEN III AND '~,2LLIAM II. MELLEN TO PROTECT THE VALUES OF PROPERTIES AND M..\INTAIN Tile CtLXR.A{TI' ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET 'TO SGUTHOLD TOWN ,~OARD XVE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~t"N ~ ASK THE BOARD TO R.EJECT THE A~PLICATION OF RICHARD F MULLEN Ill A~ND ~AILLIA~I H, MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R~O) (DESIGNATED ON SUFFOLK COUNTY TAX bLiP 10B~-062.00-03.00-022.0~1 d~ND 024.0~1) TO A GENEB_4L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPA~NDING THEIR PAR~ING AJ~D STORAGF~ FOR OBVIOUS REASONS, A CA~ DEALERSHIP OR ANY COMMERCIAL ENTEB.PRISE SHOULD NOT BE PER~MITTED TO F~XP.AND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTL~L ~ IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE A~D SURROUNDING HOMES AND BUSINESSES] NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE - ONCE THE PROPERTY IS DO$~GR~DED ANYTHING CAN A~ND bL~Y HAPPEN. A COMMERCL4,L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFI~CTIONS, ~ND INVASION OF PRI~ACY INTO RESIDENTIAL AREAS- MULLEN MOTORS ~ A GO~D NA-ME AND ENOUGH XqSIDILITY AS THINGS ~ HO;VEVEIL FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE A~ND OUR I~ESIDENTIAL PROPERTIES. ~VE ASK TIlE BOARD TO RE~EC~ THIS AFPLICATION. WE WOULD LIKE TO KNO~V ~qtO AUTHORIZED TtIE CUTTING OF TIlE TREES ON TIIE FOB_MER LUCEY PROPERTY AND \VERE AN'Y OF THE TREES ON THE PUBLIC RIG[IT OF WAY. ~E YIIE PETITIONERS WOULD LIKE AN 'tNS~q~R ~q.k TIlE lOC XL PAPERS Le. TI~_kg'ELER WATCH,NIAN:SLrFFOLK TIMES. Tills PETrFION IS GENEIL&TED %'ITH NO M.~LICE TOW,kRD ,XlULLEN MOTORS INC., RICILkRD F. MULLEN III OR ~VILLL~'*I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICtLkRD F. MULLEN III A~ND WILLL~M ti. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND *L&INTAIN TIlE RUI~_kL CHAB-&CT ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NA~,~ ADDRESS SIGNATURE PHONE - ' ,g. ~ . .,, WITNESS: ~ b~ ~~ PHg~DATE~AGE¢~ TO SOUTHOLD TOWN BOARD PETITION ~VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOVfN VfE ASK THE BOARD TO REdECT THE APPLICATION OF RICHARD F. MULLEN TO EXF.~D INTO ~iLET BUSINESS DISTilS OR RESIDENT~ A~S. IT WOULD ADg~RSELY AFFE~ THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE .~D SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~WNG~DED ~NYTHING C~ ~ND MAY ~PPEN. A COMMER~ BUSINESS DOES NOT BELONG IN THIS SETTING. IT C~ATES T~C HAL~DS, HIGH NOISE KEEPING ~g~TI[ OUR REA~IFUL HISTORIC 1~0 ~LLAGE AND OUR RESIDENTIAL PROPERTIES. THIS PETITION IS GENE~&TED X~TTH NO MALICE TOW.~D MULLEN MOTORS INC., RICHA~ F. MULLEN III OR ~LLI~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR G~N RIGHT BY ~w TO OPPOSE THE PETITION OF PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE · _ . . - . ~/~ I ~,~ ~. ~,2/~ ~ /~77-/S ~ ~'/~ ~ ~, ', WITNESS: , ~u-~-~.~ . , DATE St '- PAGE# I TO SOUTHOLD TOWN BOARD PETITION [I ~VE THE UNDERSIGNED, AS HESIDENTS OF SOUTHOLD TO'~VN 'WE ASK THE BOARD TO REJECT THE APPLICATION OF RICIJ.~kRD F. MULLEN Ill AND V~ILLIA3,1 H MULLEN TO DOWN ZONE COLONIAL CORNERS (HB] AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t-40} (DESIGNATED ON SUFFOLK COUNTY TAX I~.L~P II}4Nl-0~2.04L0J.0g}-022.0OI A/~D 024.04)1) TO A GENER.~L BUSINESS ZONE (B) FOH THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COI~IMERCLZ, L ENTERPRISE SHOULD NOT BE PEI~MITTED TO EXPAND INTO I'L.kMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR. ADED ANYTHING C),2q AND M.AY ILkPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.kFFIC IL&ZARDS, HIGH NOISE INFR.&CTIONS, A~'D INVASION OF PRIVACY INTO R-ESIDENTIAL AI~EAS. MULLEN MOTORS HAS A GOOD NAME A_ND ENOUGH VISIBILITY AS THINGS ARE_ HOW'EVER. FURTHER COMMERCL~L EXPANSION IN~ro SAID SITES IS NOT IN KEEPING '~*ITH OUR BEAUTIFUL tlISTORIC 1640 VILLAGE AND OUR I~ESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT TttIS .&PPLICATION. V,~ \*, OULD LIKE TO KNOW '~10 AUTHORIZED THE CUTTING OF TIlE TREES ON THE FORMER LUCEY PROPERTY AND '0~RE .~N'~i' OF THE TREES ON TIlE PI_ BLIC RIGHT OF WAY. ~,]~] TIlE PETITIONERS WOULD LIKE AN .X. NS'*'* ER VIA TIIE LOCAL PAP~RS I.e. T B_~.'~LER WATCHM kN,SUFFOLK TIMES. TItIS PETITION IS GENER:iTED '*\ITH NO ,MALICE TOWARD MULLEN MOTORS INC., RICH2~RD F. ,MULLEN III OR VqLLL~_M H. MULLEN THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TtIE PETITION OF RICIL\RD F. MULLEN III .~ND WILLI_~M H. MULLEN TO PROTECT THE V.&LUES OF PROPERTIES AND NLkINTAIN TIlE RUraL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRiNT NAMF ADDRESS?~' SIGNATURE PHONE ,.... ,, C , WITNESS: TO SOUTHOLD TOWN ~,oARD LAND (R~0) (DESIGNATED ON SUFFOLK COUNTY TA-'~ MAP 10~10-061.0~03.0~-0Z2.001 .~ND 024.0~1) TO A GENEB~AL BUSINESS ZONE (B) FOR THE PUI~POSE OF EXPJ~NDING THEII~ PARKING AND SIORAGE. FOR OBVIOUS R~ASONS, A CA J1 DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER31ITTED TO EXPAND INTO It~MLET BUSINESS DISTRICTS OR RESIDENIIAL AII~AS. IT WOULB ADVERSELY AFFEUY THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO blEt~rlON QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DO%~GR.&DED ~NYTIIING CAN A~D NLs, y HAPPEN. A COMMERCLLL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZ~d~DS, HIGII NOISE INFRAL~rIONS, AaND IN~rASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS ~L~S A GO~D NAME A~ND ENOUGH VISIBILITY AS THINGS ARE. HO~%~VEIL FURTHER COMNIERCL&L EXP.OSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BE&UTIFUL HISTORIC 1640 ¥1LLAGE AND OUR RESIDENTL~L PROPERTIES. ~%~ ASK TIIE BOARD TO HEJECT THIS A2PLICATION. XX]~ WOULD LIKE TO KNOW %%~IO AL~HORIZED THE CUTTING OF THE TREES ON THE FOR-MER LUCEY PROPERTY AND %VERE A.WY OF TIlE TREES ON THE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE 4,N ANSV, TR VI~, TIlE LOCAL PAPERS I.e TI~-?~ELER V,'ATCHM.~N,'SL'FFOLK TIMES. THIS PETITION IS GENEB.~TED ~,~ITH NO 3LkLICE TOWARD MULLEN MOIORS INC., RICHARD F. MULLEN Ill OR '*¥1LLL~3,1 H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF KICIL~RD F. MULLEN III AND %%~ILLL&%I H. MULLEN TO PROTECT THE V ~.LUES OF PROPERTIES AND MAINTAJN THE RURAL CHAR.&CTER OF OUR COMMUNFrY. PETITION SIGNATURE SHEET # PRiNT N A~\{E ADDRESS SIGNATURE PHONE ~.~r~ .. , ~ V WITNESS: ff/~a~ DATE~I hl PAG£# ~ TO SOUTItOLD TOWN ~OARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ~ ASK TIlE BOARD TO RF~JECT THE APPLICATION OF RICIL~RD F. MULLEN AND YALUE OF IMMEDIATE ~D SURROUNDING HOMES AND BUSINESSES, NOT ~O MENTION QUALITY OF LIFE AND WE WOULD LIKE TO ~NOW ~O AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY LOCAL PAPERS I.e. T~LER WAICHNLkN/SUFFOLK TIMES. THIS PETITION IS GENE~TED gg2TH NO ~L~ICE TOWARD MULLEN MOTORS INC., RICILkRD F. MULLEN III OR %ILL~I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GD~N RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND $~LLL~M H. MULLEN TO PROTE~ THE VALUES OF PROPERTIES AND N~NTAIN IHE PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE 4 t eo, /ix/ z/_~ ii.; /[ WITNESS: tZ_ DATEq~7. PAGE# TO sOUTHOLD TO~, BOARD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOP,~ WE ASK THE BOARD TO REJECT THE APPLICATION Off RICH.&RD F. MULLEN III .~ND WILLI..~2~! H. I~IULLEN TO DOWN ZONE COLONIAL CORNERS (HE) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t40) (DESIGNATED ON SUFFOLK COUNTY T&X I~LAP 100,9-062.00-0.L00-022.0~1 AND 024,001) TO A GENER.&L BUSINESS ZONE (B) FOR THE PURPOSE OF I~'~p.~NDI NG THEIR P,~dtKI NO AND STORAGE. FOI~ OBVIOUS REASONS, A CAR DF~.LERSHIP OR ANY COMMERCL~L ENTERPIHSE SHOULD NOT BE PER2~IITTED TO EXPAND INTO H~MLET BUSINESS DISTRICTS OR ItESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGItlTY AND VALUE OF I~,U~EDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN ~D ~L&Y HAPPEN. A COMMERCL&L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.~FFIC HAZ~qDS, IIIGH NOISE INFR.&CTIONS, .AND INVASION OF pRIVAC3( INTO RESIDENTL~L AREAS. MULLEN MOTORS HAS A GOOD N.~ME AND ENOUGH VISIBILITY AS THINGS ARF~ HO~VEVEI~ FURTHER COMMERCL~.L EXP,~NSION L~CTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HI~roRIc 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ~,'~A ASK THE BOARD TO RE.I'Ec'r THIS APPLICATION. *'WE WOULD LIKE TO KNOW *'VHO AUTtIORIZED THE CUTTING OF THE TREES ON TIlE FORMER L[ CEV PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGIIT OF WAY. '*~,~ TIIE PETITIONERS *'VOULD LIKE AN ANSiVER ~,'IA TIlE LOC.iL PAPERS I.e. TR-&~fELER WATCIIMAN,'SL:FFOLK TIMES. THIS PETITION IS GENEIL&TED '¢CITH NO M.~LICE TO'O,'ARD MULLEN MOTOES INC., RICII.~RD F. MULLEN III OR I~.~LLL.~,3I H. MULLEN. THIS PETITION IS ONLY IN' KESPONSE TO OUR GIVEN RIGHT BY LAX*,' TO OPPOSE TIIE PETITION OF RICILkRD F. MULLEN Ill AND WILLIAM ti. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHAR.4,CTEH OF OUR COMMUNITY PETITION SIGNATURE SHEET # PRINT NAbtE ADDRESS SIGNATURE PHONE ~.,= /d r'? r TO SOUTItOLD TOWN BOARD 111 AND WILLI.~O,I H. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB) A.ND THE ADJACENT RESIDENTIAL PARCEL OF LAND fit 40) ('DESIGNATED ON SUFFOLK COUNTY TAX MAP 10OO-062.00-03.00~22.001 A~ND 024.001) TO A GENEB.4,L BUSINESS ZONE (B) FOR THE P UI~OOSE OF EXPANDING TIIEIR PARKING A~ND STORAGE. FOR OB'~TOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPA~ND INTO HAFILET BUSINESS DISTRICTS OR RESIDENTIAL AHFAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED A~NYTHING CdtN AND ~,L~,Y HAPPEN. A COMMERCLkL BUSINESS DOES NOT BELONG IN TtlIS SETTING. IT CREATES TRAFFIC H_A~d~D5, HIGH NOISE INFILA, C'FIONS, AND INVASION OF PRIVACY INTO RESIDENTL~L AREAS. MULLEN MOTORS HAS A GOOD NAME ENOUGH VISIBILITY AS THINGS ARE. tlOWE%q~R, FURTHER COMMERCL~*.L EXPAaNSION INTO SAID SITES IS NOT IN KEEPING WITti OUR BEAUTIFUL HISTOBJC 1640 '~qLLAGE XND OUR RESIDENTLA. L PROPERTIES. WE ASK THE BOARD TO REJECT TtIIS APPLICATION. x,s,~ WOULD LIKE TO I~NOW WHO AUTtIORIZED THE CUTTING OF TIIE TREES ON TIIE FOBY, IER LUCEY PROPERTY AND 's~,~RE .kN~' OF TtIE TREES ON TIlE PUBLIC RIGIIT OF WAY. x,s,q~ THE PETITIONERS WOULD LIKE kN ANS\VER Vl't TIlE LOCAL PAPERS I e. TR_k~TLER WAq'CHN/4-N~SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO NLhLICE TOWARD MULLEN MOTORS INC., RIC}L~dtD F. MULLEN Ill OR ~VII.LL~M H. MULLEN. THIS PETIIION IS ONLY IN RESPONSE TO OUR GI~'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.~dlD F. MULLEN III .~ND WILLIAM Il. ,MULLEN TO PROIEC'T TIlE VALUES OF PROPERTIES A~ND ,MAINTAIN THE RUR_kL CIIAR.-t, CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRiNT NAME ADDRESS SIGNATURE PHONE ,.. .. . ~ _~^~.1~ ,,~ , ,) ,, ~ ,., ~e:~':-~. f~, l~-,..,,r >.,. '~ :,., 'T.,:.:~ _,~.,~ ,, k',l. 2.,..8 sx: ~~l V ~, ~ /&lo p(~ ~p o~t~r ~ ,t~~~,,,~,~' "/~/ TO SOUTHOLD TOWN BOARD ~VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO%VN ~,VE ASK. THE BOARD TO REJECT THE APPLICATION OF KICI-L~,I~D F MULLEN III AND X~qLLI~M H. MULLEN TO ~;~ ZONE COLONIAL CORNERS ~B) ~D THE ADJACENT RESIDENTIAL PARCEL OF LAND ~0) ~ESIGNATED ON SUFFOLK COUNTY T~X ~L~ 1~-~.~03.~02~.~1 ~ND 024.~1) TO A GENE~. BUSINESS ~NE (B) FOR THE PURPOSE OF EXP~DING THEIR P~NG .~D STO~GL FOR OB~OUS R~SONS, A C~ D~E~HIP OR ~ COMMERC~ E~E~SE SHOED NOT BE PE~MI~ED ~O EXP~D INTO ~iLET BUSINESS DI~S OR ~IDE~ ~ IT WOULD AD~RSELY AFFE~ THE I~EGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUS[NESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~G~DED ~YTHING C~N ~ND NLhY HAPPEN. A CObIMERC~ BUSINESS ~F~ NOT BELONG IN TIIIS SETTING. IT C~TES T~C ~S, HIGH NOISE INF~ION& ~D I~ASION OF P~'A~ INTO ~SIDENT~ ~S. MULLEN MOTO~ ~S A ~D N.~ME &ND ENOUGH ~SIBILI~' AS THINGS ~ HO~ FURTHER COMMERCIAL ~XP~SION INTO SAID SITES IS NOT IN ~EPING X;3TH OUR B~UTIFUL HI~O~C 1~0 ~TL~GE ~D OUR RESIDENTL~ PROPERTIES. ~ ASK THE BOARD TO R~E~ THIS ~PLICATION. ~ E ~VOULD LIKE TO ~NOW ~lO AUTtIO~ZED THE CUTTING OF THE TREES ON THE FO~MER LUCEY PROPERTY AND~N~'OFTtIETREESONTHEPUBLICRIGItYOF~Ay, ~ETIIEPETITIONERSWOULD LIKEANANS~R~TIIE L~AL P II'ERS I.e. T~k~LER WAICHMAN/SUFFOLK IIMES. THIS PEIITION IS GENEraTED ~TH NO 5~,ICE TOWARD MULLEN MOIORS INC., RICH.~D F. MULLEN III OR %2LL~M lt. MULLE~. THIS PETITION IS ONLY IN ~SPONSE TO OUR G~N RIGHT BY ~W TO OPPOSE IHE PETITION OF RICI~D F. MULLEN III &ND ~2I, LL~M H. MULLEN TO PROIE~ THE VALUES OF PROPERTIES AND MAINTAIN THE RUK~L C~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE [~~ ' WITNESS: 6/¢~z/~ _,~ ~-w~ PH# ~.q~'-?J-~O-~-~ DATE ,TO SOUTHOLD TOWN bOARD PETITION V,~E THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW~ W~ ASK THE BOARD TO REd~C'F THE APPLICATION OF ~D F. MULLEN III AND ~LLI~ H. MULLEN TO ~ ~NE COLONIAL CORNERS ~B) ~D THE ADJACENT RESIDE~IAL PARCEL OF TO EXP~ I~O ~[LET BUSINESS DI~S OR RESIDE~ A~S. ~ WOULD AD~RSELY AF~ THE I~EGRITY AND VALUE OF IMMEDIATE AND ~URROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~WNG~ED ~N~HING CAN .~D ~L~Y ~PEN. A COMMERC~ BUSINESS ~ES NOT BELONG IN THIS SETTING. IT C~TES T~FFIC ~S, HIGH NOISE INF~ION~ ~D I~ASION OF P~A~ INTO ~SIDENT~ A~ MULLEN MOTORS ~S A ~D N~ME ~D ENOUGH ~SIBILI~ AS THINGS ~ HO$~ FURTHER COMMERC~ EXP~SION INTO S~D SITES IS NOT IN KEEPING ~TH O~ BEA~IFUL HISTO~C 1~0 ~L~GE AND OUR ~IDE~I~ pROPERTIES. gg~ ASK THE BO~ TO R~ THIS .~PLICATION. g~ WOULD LI~ TO ~NOW $~tO AUTHORIZED TIIE CUTTING OF THE T~ES ON TIlE FORMER LUCEY PROPERS' AND ~ ~N~' OF TIlE T~ES ON THE PUBLIC RIGIIT OF WAY. $~ TIlE PETITIONERS WOULD LIKE AN ~N'S~R ~k TIlE L~AL PAPERS I.e. T~%~LER gVATCH~L~N/SUFFOLK TIMES. THIS PETITION IS GENE~TED %2TH NO gL~LICE TOW.~D MULLEN MOTORS INC., RICED F. MULLEN III OR ~ILL~M ~. MULLEN. THIS PETITION IS ONLY IN ~SPONSE TO OUR GD~N RIGHT BY ~W TO OPPOSE THE PETITION OF ~C~D F. MULLEN III _&ND Xg~LL~%I H. blULLEN TO PROTE~ THE VALUES OF PROPERTIES AND ~L~INTAIN THE RU~XL CHA~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE . . .'- TO SOUTIIOLD TOWN BOARD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTtlOLD TO~YN VCE ASK THE BOARD TO REJEC'F THE APPLICATION OF RICIL~RD F, MULLEN Ill AND WILLIAI~I ti. MULLEN TO DOWN ZONE COLONIAL CORNERS OtB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-10) (DESIGNATED ON SUFFOLK COUNTY TAX I~L~P 1000-062.0~-0~.00~22.001 AND 024.001) TO A GENERAL BUSINESS ZONE (BI FOR THE PURPOSE OF E.X PAINDING THEIR PARKING AND STOBAGE. FOR OBVIOUS REASONS, A CAR DF..ALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT lie PE~MI'~ED TO EXPAND INTO H.A~ILET BUSINESS DISTRICTS OR RESIDENTIAL ARE. AS. IT WOULD AD~RSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HO~,IES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOg~;WGItJLDED AaNYTHING CAiq AaND MAY IL~PPEN. A COMMERCI. AL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CR~.ATES TRAFFIC HAZARJ)S, HIGH NOISE INFIt.ACTIONS, AND INVASION OF PRIVACY INTO I~ESIDENTL4L ARE. AS. blULLEN MOTORS HAS A GOOD NAagIE AaND ENOUGH VISIBILITY AS THINGS ~ HOg~EVEI~ FURTHER COMMERCLhL EXPAaNSION INTO SAID SITES IS NOT IN KEEPING V~qTH OUR BEAUTIFUL ItlSTORIC 1640 VILLAGE A2~D OUR RESIDENTIAL PROPERTIES. ~gE ASK THE BOARD TO RF~IECT THIS APPLICATION. xg~ WOUI. D LIKE TO KNOW XVI[O AUTHORIZED THE CUT~INf~ OF TIlE TREES ON TIlE FORMER LUCEY PROPERTY AND hgq~RE ANY OF THE TREES ON TIlE PUBLIC ItIGIIT OF WAY. ~ TIlE PETITIONERS WOULD LIKE AN &NSWER VL~ IlIE LOCAL PAPERS I.e. TII-&V~SLE R WATCH,',[AaN~SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC.. RICHARD F. MULLEN III OR WILLIAM H, MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR Org"EN RIGHT BY' LAW TO OPPOSE THE PETITION OF RIC~LXRD F. MULLEN III .S~ND ;YILLIAa',I H. MULLEN TO PROTEC-r THE YALUES OF PROPERTIES AND MAINTAIN TtIE RUR_S.L C~L&D_kCT ER OF OUR CONIMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE / ~ , [ TO SOUTilOLD TOWN BOARD AS RESIDENTS OF SOUTItOLD TO'WN ~VE ASK TIIE BOARD TO REJECT THE APPLICATION OF RICIIARD F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HR) A/ND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND fR-10~ (DESIGNATED ON SUFFOLK COUNTY T.~-~ M.&P 1000-062.00-03.00-022.001 AND 024.001) TO A GENEB. AL BUSINESS ZONE (B) FOR THE PUll.POSE OF EXPANDING THEIR PARKING AND STORAGF~ FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMrFrED TO F~XPAND INTO }L~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS- IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURItOUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED .MNYTHING CAN A~ND NL~Y FLXPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TI~kFFIC H_&ZARDS, HIGH NOISE INFR.&CTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD N.4~ME AND ENOUGH VISIBILITY AS THINGS ARE- HOWEVEIL FURTHER COMMERCL&L EXPANSION INTO SAID SITES IS NOT IN KEEPING %ITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. YVE ASK TIIE BO.gilD TO REJECT Tills APPLICATION. xg~ WOULD LIKE TO }CNOW WHO AUTIIORIZED THE CUTTING OF TIlE TREES ON TIlE FORMER LUCEY PROPERTY .~hl) X~'ERE ..~_NV OF THE TREES ON TIlE PUBLIC RIGHT OF WAY. EVE 'IHE PETITIONERS ~SOULD LIKE ),.h ANSXgER VIA TIIE LOCAL P ~.PERS I.e. T R&',~LER WATCItF, LkN/SUFEOLK TIMES. THIS PETIIION IS GENERATED WITH NO MALICE TOWARD MULLEN [MOTORS INC.. RICHARD F. MULLEN III OR '~VII. LI.A.~,I Il. I~,IULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLL~M ti. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND 5IAINTAIN IHE BUK~I. CIIAItAC'I-EIt OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT N.&~,{E ADDRESS SIGNATURE PHONE 'TO SOUTHOLD TOWN BOARD PETITION II WE THE UNDERSIGNED, AS RESIDENTS OF $OUTHOLD TO'~VN Vl/E ASK THE BOARD TO RE.IEC'F THE ~PLICATION OF ~C~ F. MULLEN AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND THIS PETITION IS GENE~TED %~TH NO NLALICK TO%~ MULLEN MOTORS INC., RICH.~D F. MULLEN III OR X~qLL~M H. MULLEN. THIS PETITION IS ONLY IN ~SPONSE TO OUR G~N HIGHT BY ~W TO OPPOSE THE PETITION OF PETITION SIGNAT~E SHEET #PILINT NAME ADDRESS SIGNATURE PHONE //~. ~,,.. ~,,~,..~. %~, ,~ ~ , ~.~,~ ~~¢t~,//~'.." ,cot. ,- WITNESS: '"}~c,~tl .~c,¢OL~.~ PH# ?(~,S--~z-~,,Z(a~ DATE//_~PAGE# 7' TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOUTHOLD TO'~VN ~E ASK THE BOARD TO R~JECT THE APPLICATION OF RICHARD F. MULLEN Ill .aND WILI.I.~M H. MULLEN TO DO'~N ZONE COLONIAL CORNERS {liB) A~ND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0tM0) (DESIGNATED ON SUFFOLK COUNTY TAX MAI' 1000-062.00-03.0~1 021.001 .E~,'D 014.0~1) TO A GENER.~.L BUSINESS ZONE (B) FOR THE PUI~POSE OF EXPA/~DING T}IEIR PARKING AND STOB. AGE. FOR OBVIOUS REASONS, A CAll DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER3,[ITTED TO EXP.&ND INTO HAMLET BUSINESS DISTRICTS OR RESIDEW'i'I. AL AREAS. IT WOULD AD~'ERSELY AFFECT THE INTEGRITY AND YALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO'~'NGII. ADED .~NYTHING CAi'4 .~ND ~L~'~' H~PPEN. A COMMERCLa. L BUSINESS DOES NOT BELONG IN THIS SETTING, IT CREATES TR.&FFIC It.~ZARDS, IIIGH NOISE INFR.4,CTIONS, AND IN~rASION OF PRIVACY INTO RESIDENTL~L AIIEAS. MULLEN MOTORS HAS A GOOD NAME .~h'D ENOUGH VISIBILITY AS THINGS ARE. HO'*FEVEIL FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING '~YITH OUR BEAUTIFUL HISTORIC 1640 ¥1LLAGE AND OUR RESIDENTI.&L PROPERTIES. ~.VE ASK TIIE BOARD TO RF~ECr THIS APPLICATION. WE V~ OULD LIKE TO I. LNO'*V '~.~HO AUTHORIZED THI~; CUTTING OF TIlE TREES ON THE FOI~MER LUCEY PROPERTY AND '~ ERE .~'~ct' OF THE TREES ON THE PUBLIC RIGIIT OF WA'f. ¥,'E TIlE PETITIONERS '0, OUI D LIKE AN ANSV,'ER VIA THE THIS PETITION IS GENEI~ATED V*'ITH NO M2~i. ICE TOWARD MULLEN MOTORS INC., RICH.~RD F. MULLEN Iii OR V~ILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT B'f LAW TO OPPOSE THE PETITION OF RICIL~,~D F. MULLEN 11[ A.'~'D ~YILLL~M H. MULLEN TO PROTECT THE V.~LUES OF PROPERTIES AND M.~INTAIN THE RUB_&L CH_&R_-kCTER OF OUR CO*IMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ,.2 ,! \ TO SOUTItOLD TOWN ~OARD AS RESIDENTS OF SOUTHOLD TOWN ~,¥E ASK TIlE BOARD TO RE.fECT THE AJ~PLICATION OF RICHARD F. MULLEN 11I .a~ND WILLIA.M H. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND IR-10) (DESIGNATED ON SUFFOLI~ COUNTY TAX MAP 1000-062.00-03.00-022.001 .aND 014.001) TO A GENER.~L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING A31D STOR.S~GE. FOR OB~,IOUS RF-ASONS, A CAR DE. AI,ERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERblITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENT!.AL AREAS. IT WOULD ADXrERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO IMENTION QUALITY OF LIFE A.ND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOV,~GRADED A~NYTHING C.~N MqD ~L~.Y HAi~PEN. A COMMERCLLL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TIt. S~FFIC }L&ZARDS, HIC, H NOISE INFR.S. CTIONS, .AND INVASION OF PRIVACY INTO RESIDENTL~.L AREAS. MULLEN MOTORS HAS A GOOD NA3,1E ENOUGH VISIBILITY AS THINGS ARE. HO',VEVEIL FURTHER COMMERCIAJ~ EXPA~NSION LN'ro SAID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL HISTORIC lCMr~ ','ILLAGE AZqD OUR RESIDE:NTL&L PROPERTIES. WE ASK TIlE BOARD TO REJECT TtlIS APPLICATION. `**,~ WOULD LIKE TO I~NO`*V %~IO AUTHORIZED TIlE CUTTING OF THE TREES ON TIlE FOR-X,[ER LUCEY PROPERT'f AND 'A ERE .~NY OF TIlE TREES ON TII[-; PUBLIC RIGIIT OF W.`*Y. '¢,~ TIIE PETITIONERS '~ OULD LIKE AN ANSWER X.~LS. TIIF LOCAl. PAPERS I.e. TI4-S~VELER WATCH*lAN/SUFFOLK TIMES. THIS PETITION IS GENER.[TED V, ITH NO MALICE TOWARD MULLEN MOTORS INC., RICH_~RD F. MULLEN III OR '~',~ILLI.~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LA'**,' TO OPPOSE THE PETITION OF RICIIARD F. MULLEN III .&~ND V(ILLI.~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES .&ND ~L~INTAIN THE RUIt_~L CHAB~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDi:(ESS SIGNATURE PHONE WITNESS: -q/YlaOa,.,J.u ~C's:L~,Jo~ PH# '~(,,'~-%-~42(. II/~/~-)PAGE# ~ TO SOUTHOLD TOWN ~OARD AS RESIDENTS OF SOUTHOLD TOgVN WE ASK THE BOARD TO REJECT THE A~PLICATION OF RICHARD F. MULLEN 11I A~ND W1LLIA~I H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND TIlE ADJACENT RESIDENTIAl. PARCEL OF LAND (R 40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 100~-062.00-03.00 022.001 ~ND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A C,~R DEAJ~ERSHIP OR ANY COMMERCL&L ENTERI~RISE SHOULD NOT BE PER2~[ITTED TO E.KPAND INTO H2~MLET BUSINESS DISTRICTS OR RESIDENTIAL AI~AS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IbIMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGB_4~DED AaNYTH[NG CAN .~ND ~L~Y HAPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING, IT CREATES TII-&FFIC tLXZARDS, tlIGII NOISE INFRACTIONS, A~D I~'ASION OF PRI%'ACY INTO RESIDENTL~L AREAS. MULLEN ]MOTORS }L&S A GOOD NAME .~ND ENOUGH VISIBILITY AS THINGS ~ HO~YE~'EI~ FURTtlER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING XVITfl OUR BEAUTIFUL HISTORIC 1640 '~TLLAGE AND OUR RESIDENTL~L PROPERTIES. XYE ASK THE BOARD TO REJECT THIS APPLICATION. Xg~ WOULD LIKE TO KNOW ~IO AUTtIORIZED THE CUTTING OF THE TREES ON' THE FOR-\[ER LUCEY PROPERTY A~'D V,'ERE .~N't' OF THE TREES ON THE PUBLIC RIGIIT OF WAy, WE THE PETITIONERS WOULD LIKE AN .kNS\~,ER '~ [ k THE LOCAL P ~.PERS I.e T B_&'~LER WATCI[M k';,SUFFOLK TIMES. TItIS PETITION' IS GENERATED ',',3.TH NO MALICE TOWARD MULLEN 'MOTORS INC., RICHARD F. 5,[ULLEN Iii OR ~&'ILLBtuM H MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~.'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH-4RD F. b, IULLEN III AND ~.VILLL&M Ii. MULLEN TO PROTECT THE YALUES OF PROPERTIES AND MAINTAIN TIlE RI_ RAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NPd~E ADDRESS SIGNATURE PHONE WITNESS: ~ ff.,.~ TO SOUTHOLD TOWN boARD FOR OB~IOUS REASONS. A CAll DEALERSHIP OR ANy COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~MITTED TO EXPAND INTO ItA~LET BUSINESS DISTRICTS OR RESIDENTIAL AB.~A8. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR,~DED A2qYTHING CA/q .A~ND ~[Ay H-S-PPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TB-~'IC }LS-L&.~DS, HIGH NOISE INFI~kCTIONS, AND H~rASION OF PRIVACY INTO RESIDENTIAL AItEAS, MULLEN MOTORS ~[AS A GOOD NA,~ME .~uND ENOUGH lrISIBILITY AS THINGS ARE. ltOWE~EB, FURTIIER COMMERCLa, L EXPANSION INTO SAID SITES IS NOT IN KEEPING ~ITH OUR BF_~UTIFUL HISTORIC 1640 ~TLLAGE .~dqD OUR RESIDENTL~L PROPERTIES. ~$~ ASK THE BOARD TO REJECT THIS APPLICATION. Xh~ WOULD LIK~ TO KNOW ~'HO AUTHORIZED THE CUTTING OF TIlE TREES ON TIIE FOP~\IER LUCEY PROPERTY AND WERE .&N~' OF TIlE TREES ON TIlE PUBLIC RIGItT OF WAY, XX'E TIIE PETITIONERS WOVI.D LIKE AN kNSWER X3A TIIL- LOCAL PAPERS I.e TIL4VELER \VATCIIMAN:SUFFOLK TIMES. TIIIS PETITION IS GENER.kTED WITII NO .\L~I.ICE TOWARD ,MULLEN MOTORS INC., RICILA. RD F. MULLEN III OR ~LLL~'~I H. MULLEN, l-HIS PETITION IS ONLY IN RESPONSE TO OUR GI%'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHA~RD F. MULLEN Ill AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND M.~INTAIN TIlE RUR-S-L CHAR-S. Cfi-ER OF OUR CO,MMUNITY. PETITION SIGNATURE SHEET # PKINT NAME ADDRESS SIGNATURE PHONE =.~: ../~ WITNESS: TO SOUTHOLD TOWN )ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW~ ~,~'E ASK THE BOARD TO RF~ECT THE APPLICATION OF I~CIL~RD F. MULLEN Ill AND WILLL~,I H. ~.IULLEN TO DOWN ZONE COLONIAL CORNERS (HB) A~ND THE ADJACENT RESIDENTIAL PARCEL OF LAND IR40) (DESIGNATED ON SUFFOLK COUNTY TA_X MAP 10~]-062.0~03.1~-022.0~1 A~ND 024.001) TO A GENER.&L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPAaNDING THEIR PARKING buND STORAGE. FOR OBVIOUS ILEASONS, A C..~R DEALERSHIP OR ~ COMMERCIAL ENTEKPRISE SHOULD NOT nE PEI~,IITTED TO EXPA31D IN-fO H.~,ILET BUSINESS DISTRICTS OH RESIDE~PL~L AREA~ IT WOULD ADVERSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE .&ND SURROUNDING HOMES A~ND BUSINESSES, NOT TO IMENTION QUALITY OB LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO',~t~GI~_[DED A~NYTHING CAN AND ~,L&Y IL~PPEN. A COMMERCIA.L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR>.FFIC I~&ZA~DS, HIGH NOISE INF~S, CTIONS, A.ND INVASION OF PRIVACY INTO I~ESIDENT/-~L A~EAS. MULLEN MOTORS HAS A GOOD NAME A~ND ENOUGH VISIBILITY AS THINGS ~ HOWEVEI~ FURTHER COMMERCIAL EXPA~NSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENT/&L PROPERTIES. ',',~ ASK TIlE BO.~RD TO REJECT THIS APPLICATION. WE '~VOULD LIKE TO KNOW '0,HO AUTHORIZED THE CUTTING OF TIlE TREES ON THE POILMER LUCE;' PROPERFY .:ND ',', ER~ .&N~t' OF THE TREES ON THE PUBLIC RIGIIT OF WAY. ','~?. THE PETITIONERS WOULD LIKE AN ANS'O,~R ','L~. IllE LOCAL PAPERS I.e. T R_'O,~LER ',','ATCtl MAN. SU FFO LK TIMES. THIS PETITION IS GENEI~A'YED '~,ITH NO NL4. LICE TOWARD MULLEN MOTORS INC.. RICH_~.RD F. MULLEN III OR WILLL~M H. MULLEN, THIS PEI'ITION IS ONLY IN RESPONSE TO OUR GI',]EN RIGHT BY LA',',' TO OPPOSE THE PETITION OF RICHARD F. MULLEN III .~ND ~,%TLLL.~,I H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ~[AINTAIN THE RU~_~.L CtIA~.kC'I'ER OF OUR CO*IMUNITY, PETITION SIGNATURE SHEET # PRIN~ NAME ADDRESS SIGNATURE PHONE . .. v L- ' , ' ' TO SOUTHOLD TOWN boARD i~ PETITION II ,,~ T,tE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOW~' ~A'E ASK THE BOARD TO ~E~ THE ~PLICATION OF ~C~ F. MULLE~ ltl AND WILLIAM H. MULLEN TO ~ ~NE COLONIAL CORNERS ~B~ AND THE ADJA~ RESIDENTIAL PARCEL OF LAND (R-40) ~ESIGNATED ON SUFFOLK COUNTY T~X M~ 1~2.~03.~-022.~1 .~D 024.~1) TO A GENE~ BUSINESS ZONE (B) FOR THE PU~OSE OF EXP~NDING THEIR PARKING ~D STO~G~ FOR OB~OUS ~SONS, A C~ D~E~HIP OR ~ COMMERC~L ENTE~SE SHOULD NOT BE PERMITTED TO EXP~D INTO ~ILET BUSINESS DI~S OR RESIDE~ ~& ~ WOULD AD~RSELY AFFE~ THE I~EGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~X$~G~ED ~NYTHING C~N ~D ~Y IL~PPEN. A COMMERC~ BUSINESS DOES NOT BELONG IN THIS SETTING. 1T C~ATES T~FIC ~S, HIGH NOISE INF~k~IONS, ~D I~ASION OF PRIVA~ INTO ~SIDENT~L ~EAS. MULLEN MOTORS ~kS A ~D N~ME .~ND ENOUGH YISIBILITY AS THINGS A~ tIO~g~K FURTHER COMMERCI.~ EXPANSION I~O SAID SITES IS NOT IN ~EPING X$~TH OUR BEAUTIFUL HISTORIC l~0 X~LLAGE ~ND OUR ~SIDENT~ PROPERTIES. X~ ASK THE BOARD TO R~E~ TtIIS APPLICATION. X~E WOULD LIKETO KNOW gX~O AUTtIO~ZED TIiE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTh ANDgXE~.LNYOFTttETREESONTHEPUBLICRIGHTOFWAY. Xg~THEPET[T[ONERSXVOULDLIKEAN.kNSXX~R ~ATHE L~L~L P kPERS Le. T~kVELER WATCHM.LN/SUFFOLK TIMES. TtlIS PETITION I$ GENEraTED Xg~TH NO NL~LICE TOWARD MULLEN MOTORS INC., RICIIA~ F. MULLEN Ill OR ~X~LLI.~I H. MULLEN. THIS ~ETITION IS ONLY IN ~SPONSE TO OUR G~N RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIL~D F. MULLEN III .~ND X~LL~M H. MULLEN TO PROTE~ TtIE YALUES OF PROPERTIES AND MAINTAIN THE RU~ CHAKA~fER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT N,~.,IE ADDI~SS SIGNATURE PHONqE ~'~..,. '3 ~.t~,., e~ ,~ c~n ~L~. :~.~ ~'~r~'~ III5 .~ ~. ~,> ~o~zc ~4 ~.,,~, .... ~. ~ ~e-~, ~ ,~/,; TO SOUTHOLD TO%VN _ 9ARD ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING A~ND STORAGE. FOR OBVIOUS It.F~SONS, A CAR DEALERSHIP OR ~ CO~,IMERCIAL ENTEKPRISE SHOULD NOT BE PERbIITTED TO EXPA~ND INTO HA~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HObIES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CA~N' AND 5LAY It~PPEN. A COMMERCL&L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR&FFIC HAZ_~O~DS, IIIGH NOISE INFRACTIONS, AND INSrASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWE',rEIL FURTHER COMMERCL&L EXP.~NSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE A2qD OUR RESIDENTIAL PROPERTIES. %~ ASK TIlE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW%~TIO AUTHORIZED THE CUTTING OF THETREE5 ON THE FO~,IER LUCEY PROPERTY A_ND~%ZREA-~t'OFTIIETREESONTIIEPUBLICRIGHTOFWAY' V;ETtiE PETITIONERS WOUUD LIKE AN kNSWER ~qATIIE LOCAL PAPERS I.e. TI,L~$~LER WATCHNI.~'~SUFFOLK TIMES. THIS PETITION IS GENERATED %$2TH NO 5L&LICE TOWARD MULLEN ,MOTORS INC., RICH:~RD F. MULLEN III OR SVILLIA,~,I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~N RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICFL~RD F. MULLEN III AND V, qLLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND ,MAINTAIN TIlE RUIL~L CFL~,CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE . · ' WITNESS: PH# 7 (~-- ~'~2,/.., DATE/](~-~PAGE# I C~ / . TO SOUTIIOLD TOWN BOARD AS RESIDENTS OF SOUTHOLD TO'*VN V~'E ASK TIlE HOARD TO REJECT THE XPPL[CATION OF RICHARD F. MULLEN III AND ',,'*qLLI,SAM H. MULLEN TO DO'~N ZONE COLONIAL CORNERS OtB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 01-40) ('DESIGNATED ON SUFFOLK COUNTY T.~X /M&P 1000-062.004}3.004122.001 A2qD 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPA2qDING THEIR PARKING A~ND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HA~ILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS~ IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO'*VNGR.kDED A/~YTHING CA~N .~ND ,~L4,Y H-4.PPEN. A COMMERCI. A.L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR3drFIC HAZARDS, tIIGH NOISE INFRACTIONS, AND INVASION OF PRI~rACY INTO RESIDENTIAL AREAS. MULLEN MOTORS ILkS A GOOD NA,ME AND ENOUGH VISIBILITY AS THINGS ARE. HO','*~EVER~ FURTHER COMMERCL&L EXpA/~SION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 16.40 VILLAGE AND OUR RESIDENTIAL PROPERTIES. '~'*E ASK THE BOARD TO RE.IEC'F THIS APPLICATION. '*VE `.`.'OULD LIKE TO KNOW '*VHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR-bIER LUCEY PROI'ERTY AND ','*ERE .~.NT OF THE TREES ON TIlE PUBLIC RIGHT OF WAY. '*`.E ~IIIE PETITIONERS WOULD LIKE AN ANSV* ER '.3-~, TIIE LOCAL P kPERS Le. TII-k','ELER WATCIIM ~.N.'SUFFOLK TIMES. THIS PETITION IS GENERATED WITII NO ~L&LICE TOWARD MULLEN ,MOTORS INC., RICIL~RD F, MULLEN Ill OR W'ILLL~.,M IL MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GlUtEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH.&RD F. NIULLEN Ill A~ND V*ILLIA/~I il. MULLEN TO PROTECT Tile VALUES OF PROPERTIES AND MAINTAIN TflE RUILXL CHAR--kCTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRiNT NAME ADDPd5 SS SIGNATURE PHONE d WITNESS: fm~c:_,>~, ~-~-~ ,~ PH# ~(~5~T~%~c DATE ' PAGE# TO SOUTHO -i) TO'WN BOAI,. PETITION MCE TIlE UNDERSIGNED, AS RESIDENTS OF SOUIIIOLD TOV~LN 'WE ASK THE BOARD TO REJECT THE APPLICATION OF RICIIARD F. ,MULLEN 111 AND WILLIAM H. MULLEN TO DO~A,'N ZONE COLONIAL CORNERS ([tB] ~ND THE AD,IACENT RESIDENTIAL PARCEL OF LAND (R-40) (I)ES[GNATED ON SUFFOLK COUNTY TAX MAP 104111 061.00-03.0~-021.0.01 A2~D 024.001) FO A GENEI~.L BUSINESS ZONE (B) FOR TIIE PURPOSE OF EXP.~NDING THEIR PARKING AND STOR_&GE. FOR OB'~TOUS REASONS, A CXR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO IL&MLET BUSINESS D[STRIC'rS OR RESIDENTL&L AREAS. IT WOULD AD'VERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO NIENT[ON QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR.ADED ANYTHING CAN .~ND gLtY HAPPEN. A COMMERCE&L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CI~EATES TR&FFIC HAZARDS, HIGH NOISE INFR_&c'rIONS, .~ND INVASION OF PRI%LkCY INTO RESIDENTIAL AREAS. MULLEN MOTORS }L&S A GOOD N.~ME AND ENOUGII $qSIBILITY AS THINGS ARE- IlO*YES'ER, FURTHER COMMERCL4, L EXPANSION INTO SXID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL tIISTORIC 1~40 %qLLAGE AND OUR RESIDENTIAL PROPERTIES. xAE ASK TIlE BOARD TO RF. IEC'r TIIIS APPLICATION. '~ E V, OI'I.D LIKE FO KNOW xAqlO AUTHORIZED FHE CIITIING OF FIlE TREES ON 1 lie FORMER LUCEY PROPERI"~ · kND'~,EREANYOFTIIETREESONTtlEPUBLICRIGIITOF"O, kY. V, FiTIIEPEiiTiONERS LOCAL PAPERS i.e. T~Lkx,~LLER WATCIIM kN/SUFFOLK TIMES. THISPEIITION IS GENERATED WITH NO *[ALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN 111 OR x,'~ILLIA*III. MULLEN TIIIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGIIT BY LAW TO OPPOSE TIlE PETITION OF RICILARD F. NIULLEN III AND V<ILLL~M ti. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND MAINTAIN TUE RUR_tL CII.&R-~C~f ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # [ PRJNT NAME ADDRESS SIGNATU'RE~ PHONE · , C,:o\C WITNESS: ~tz,~,~ ~ PIt# -7'O.%'"'-.?'¢..~G. DATE/ ??PAGE# TO Sk',UTI:IOLD TOW:'i BOARD ~,~,E TIlE UNDERSIGNED, AS RESIDENTS OF SOUTItOLD TO~APN WE ASK TIIE BOARD TO REJEC'r TIlE APPLICATION OF RICIL~,RD F. MULLEN III AND WILLLM~! tl. MULLEN TO DO'~N ZONE COLONIAL CORNERS fHB) =~ND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND (R 40~ (DESIGNATED ON SUFFOLK COUNTY TA_'K MAP 1000-062.00-03.0~-022.001 AND 0Z4.001) TO A GENEI:LAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING TltEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAI~ DEALERSHIP OR AYe' COMMERCL~-L ENTER.PRISE StlOULD NOT BE PERMITTED TO EXP,MND INTO ~LkMLET BUSINESS DISTRIC~fS OR RESIDENTL~L AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFET't' DI!E TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGB.ADED ANYTHING C.&N .~ND NL&Y [LkPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFR.&CTIONS, .~ND INVASION OF pRIVACY INTO RESIDENTIAL A~EAS. 5, IULLEN 5[OTORS FLa. S A GOOD NA~XlE AND ENOUGH SqSIBILITY AS THINGS ARE. HOW'EVEI~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING x.$1TH OUR BEAUTIFUL HISTORIC 1640 V'ILLAGE AND OUR RESIDENTIAL PROPERTIES. VCE ASK TIlE BOARD TO RF-/EC'r TIIIS APPLICATION. hgE '*~ OULD LIKE TO KNOW WHO AUTtIORIZED THE CUTTING OF TIlE TREES ON TIlE FORXlER LUCEY PROPERTY ANDV~EI~E.kN~'OFTIIETREESONTtIEPUBLICRIGItTOFWAY. WETIIE PETITIONERS V, OULDLIKEANAN~X~ER'VIATIIE I~OCAL P kI'ERS I.e. TIL&VELER WATCtlMANYSUFFOLK TIMES. THIS PETITION IS GENEB-kTED %lTH NO NL&LICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR ~>,~LLL~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGIIT BY LAW TO OPPOSE TIlE PETITION OF RICII.ARD F. MULLEN III AND W1LLL~,M fi. MULLEN TO PROTECT '[HE Vb~LUES OF PROPERTIES AND MAINTAIN TIlE RUR_kL CHAR-&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT N A~XIE ADDRESS SIGNATURE PHONE ' TO SOUTHOLD TOWN BOARD ~VE TIlE UNDERSIGNED, AS RESIDENTS OF SOLVrHOLD TOS, V~/~ .ASK THE BOARD TO REJECT TIlE ~PPLICATION OF RICILZ-RD F. MULLEN Ill AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND ~R-40) (DESIGNATED ON SUFFOLK COUNTY T~-~, ~%I.~P 1000-0~2.00-03.00-022.001 AND 024.001) TO A GENEBA, L BUSINESS ZONE lB) FOR T HE PURPOSE OF EXPANDING THEIR PARKING A~D STO~.'tGE. FOR OBVIOUS REASONS. A CA~R DEALERSHIP OR ~Ny COMMERCIAL ENTEI~PRISE SHOULD NOT BE PEI~IFFTED TO EXPAND INTO Hb~,ILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT TIlE INTEGRFFY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNG~-S~DED ANYTRING CAN .&ND SLAY HA~°PEN. A COMMERCL&L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES T~.~FFIC HAZARDS, HIGH NOISE INFRACTIONS, AND h~O,'ASION OF pRFVACY INTO RESIDENTL~,L AREAS. MULLEN MOTORS HAS A GOOD NAME A-ND ENOUGH VISIBILFFY AS THINGS ARE_ HOXSfEVI~R, FURTHER COMMERCL~L EXPANSION IN-FO SAID SITES I5 NOT IN KEEPING %1TH OUR BEAUTIFUL HISTORIC 1~10 VILLAGE AfgD OUR RESIDENTL~L PROPERTIES. ~,VE ASK THE BOARD TO RF~FECT THIS A~PLICATION. XWE WOULD LIKE TO KNOW V~IO AUTtlOR[ZED THE CLTTING OF TIlE TREES ON THE FORMER LUCEY PROPERTY AND WEREAN'OFTHETREESONTHEPUBLICRIGtlTOFWAY. WETIIEPETITIONERSWOkLDIAKE.'tN'AN~RVIATtlt LOCAL PAPERS I.e. TB.'tgq~LER WATCHNI,~N'ISUFFOLK TIMES. THIS PETITION IS GENEB-'tTED '~qTtl NO NL~LICE TOWARD MULLEN MOTORS INC., RICHARD F. NIULLEN III OR ~'ILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI%"EN RIGHT BY LAW TO OPPOSE TIIE PETITION OF RICHARD F. MULLEN III .&ND WILLI.&'~I H. MULLEN TO PROTECt TIlE VAEUES OF PROPERTIES AND MAINTAIN THE RUI~L CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS , / SIGNATURE PHONE o.,rt - ,, 7 , ;'~ _, , I ' ~ /", TO SOUTItOLD TOWN oOARD PETITION WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~;."N ~VE ASK THE BOARD TO RE.IECT THE APPLICATION OF RICltARD F. MULLEN III AND ~ILLIA-M H. MULLEN TO DOV, SN ZONE COLONIAL CORNERS (liB) .~ND THE ABJACENT RESIDENTIAL PARCEL OF LAND fR-10) (DESIGNATED ON SUFFOLK COUNTY TAX ~,L~P 1000 062.0~-03.0~-021.001 A2qD 014.1101) IO A GENER-&L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGF~ FOR OBVIOUS REASONS, A CAll DEALERSHIP OR ,MN~' COMMERCIAL ENTERPRISE SHOULD NOI BE PER3,1ITTED TO EXPAND INTO H. AMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMbIEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT 10 MENTION QUALITY OF LIFE AND A COMMERCI, AL BUSINESS DOES NOI BELONG IN THIS SETTING. IT CREATES TR-4FFIC }LAZAJ~DS, HIGH NOISE INFR-S, CTIONS, AND LNWASION OF PRIVACY INTO RESIDErCTL~L AREAS- MULLEN MOTORS I~AS A GOOD NAME A2~D ENOUGH VISIBILITY AS THINGS ARE. HOWE'~IL FURTHER COMMERCL~L EXPANSION INIO SAID SITES IS NOT IN KEEPING ~,ITH OUR BEAUTIFUL IIISTOBiC 1~0 VILLAGE A2~D OUR RESIDENTIAL PROPERTIES. ~VE ASK THE BOARD TO REJECT THIS APPLICATION. LOCAI. P ~PERS I.e. TILk\'ELER WATCHM iN/SUFFOLK TIMES THIS PETITION IS GENElt. ATED WITH NO NL&LICE TOWARD MULLEN MOTORS INC.. RICH_kHD E. 51ULLEN 1I[ OR WILLLhM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LAV4 TO OPPOSE THE PETITION OF RICIL*`RD F. MULLEN II1 AND WILLIA.M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES .*.ND NLAINTAIN IHE RURdtL CHAB. ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAb, O= ADDRESS SIGNATURE PHONE =.,~ PH# DATE ///._~PAGE# t/? TO SOUT~OLD TOWN BOARD PETITION II AVE THE UNDERSIGNED, AS RESIDENTS OF SolYr HOLD TO',M~N W'E ASK THE BOARD TO REJECT TIlE AYPLICATION OF KICI-IXRD F. 5[ULLEN iii AND %~ILLIA.M H. MULLEN TO DO~,~'~/ ZONE COLONIAl. CORNERS 0tB) A24D THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t-40) (DESIGNATED ON SUFFOLK COUNTY TAX bLiP 10~0-062.00-03.0~012.~1 A~ND 024.~1) TO A GENE~ BUSINESS AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION ~UALITY OF LIFE AND B~ BOULD I.Ik~ TO KNOB' %~10 AL~HO~ZED THE CUTTING OF TIlE T~ES ON THE YO~MER LUCEY PROPERTY IHIS PETITION IS GENEraTED %]TH NO gL~ICE TOWARD MULLEN MOTORS INC., RICH.~ F. MULLEN III OR ~LLL~M H. MULLEN. THIS PETITION IS ONLY IN ~$PONSE TO OUR G~N RIGHT BY LAW TO OPPOSE THE PETITION OF PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BOARD PETITION ii ~,~,~ TtIE UNDERSIGNED, AND VALUE OF IMMEDIATE &ND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND L~?A[ PAPERS Lc. T~k~ ELER WATCIIM ~N,SUFFOLK TIMES. Tills PETITION IS GENE~&TED ~ITH NO MALICE TOWARD MULLEN MOTORS INC., RICkeD F. MULLEN III OR PETITION SIGNATURE SHEET PRINT N_~FF ADDRESS SIGNATURE PHONE ~.~= / , TO SOUTHOLD TOWN BOARD PETITION AS RESIDENTS OF SOUTHOLD TOWN %~E ASK TtIE BOAR. D TO R.EJECT TIlE A~PLICATION OF RIC~ F. MULLEN AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND A COMMERC~ BUSINESS ~ES NOT BELONG IN TtIIS SETTING. 1T C~ATES T~FIC ~S, HIGfl NOISE %;~ WOULD LIKE TO KNOW %~HO AL~HORIZED THE CUTTING OF THE T~ES ON TIlE FORMER LUCEY PROPERTY THIS PEllllON Is GENE~TED %%qTH NO M_~ICE TOWARD MULLEN MOTORS INC., RIC~ F. blULLEN 11I OR %%~LLL~%I H. MULLEN. THIS PETITION IS ONLY IN ~SPONSE TO OUR G~N RIGHT BY k%w TO OPPOSE THE PETITION OF PETITION SIGNAT~E SHEET TO SOUTHOLD TOWN B~.,ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO`,VN WE ASK THE BOARD TO Ita~FECT TIlE A~PLICATION OF BiC}LkRD F. MULLEN 11[ AND `,`,qLLIA?,I H. bIULLEN TO DO`,~' ZONE COLONIAL CORNERS (liB) ,~ND THE ADJACEN'r RESIDEN~rIAL PARCEL OF ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR pARKING A,ND STOI~AGE. TO EXP.~N D INTO }LauM LET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. ur WOULD AD'tERSELY AFFECT THE INTEGRITY AND '¢ALUE OF INI,MEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO`,*,t~GR.&I:)ED ANYTHING CAN .4.ND 5LAY }L~PEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TtIIS SETTING. IT CREATES TR-~FFIC }L4ZARDS, HIGH NOISE ENOUGH ~'[SIBILITY AS THINGS ~ tlO~rE$~EI~ FURTHER COMMERC/~L EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE A~ND OUR RESIDENTLAL PROPERTIES. 5`,'E WOULD LIKE TO KNOW \~,~IO AUTHORIZED THE Ct TTING OF TIlE TI~EES ON Tt E FOILMER LUCEY PROPERTY AN D ~', EP-~E AN~' OF TIlE TREES ON TIlE PUBI.IC RIGHT OF WAY. V,q:; THE PETITIONERS WOULD LIKE AN AN'S',~ER `,~.k Tiie Tills PE'rITION IS GENERATED V, ITH NO MALICE TO`,','ARD MULLEN MOTORS INC., RICH.kRD F. MULLEN III `,~,'ILLL~_N[ H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LA',*,' TO OPPOSE THE PETITION OF RICtLLRD F. MULLEN I[I .4.N'D WILLL4.M H. MULLEN TO PROTECT THE V.~LUES OF PROPERTIES kND MAINTAIN TIIE RUR_',L CtlARACTER OF OUR COMSIUNITY. PETITION SIGNATURE SHEET # PRINT N.&ME ADDRESS SIGNATURE PHONE ~.,~ WITNESS:(~/'~'~'3' ~.~/_~t~. PEI~ ~'~'~b DATE~PAGE# ,,~3 TO SOUTHOLD TOWN Bk RD %VE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN %%~ ASK THE BOARD TO IAEJECT TIlE APPLICATION' OF RICI-L4~RD F. MULLEN III AND WILLI.a_M H. 51ULLEN TO DOWN ZONE COLONIAL CORNERS fHB5.4.ND THE ADJACENT RESIDENq'IAL PARCEL OF ZONE (B) FOR THE PURPOSE OF EXPA~NDING THEIR p~kRK/NG A~ND STOB.&GE. FOR OB%qOUS REASONS, A CAR DF-ALERSHIP OR A~N~' COMMERCIAL ENTERPRISE SHOULD NOT BE PEILMITTED TO EXPA~ND INTO HAMLET BUSINESS DISTKICrS OR RESIDENTLkL AREAS. IT WOULD AD;q~RSELY AFFECT THE IN-YEGRITY AND VALUE OF 15IMED[ATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO bIENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAaN A~ND M~Y [L%PpEN. A COMMERCI}.L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES I~4FF1C HAZARDS, HIGH NOISE INFI~&CTIONS, A~ND INVASION OF PRIVACY INTO RE$1DENTL~L AREAS. MULLEN MOTORS IL&S A GOOD NA-ME ENOUGH VISIBILITY AS THINGS ,%RE. HO%~t'EVE~ FURTHER COMMERCLkL EXPANSION INTO SAID SITES IS NOT IN KEEPING V(ITtt OUR BEAUTIFUL HISTORIC 1640 %qLLAGE .~ND OUR RESIDENTIAL PROPERTIES. ~,VE ASKTIIE BOA. RD TO REJECT TIIIS A~PLICATION. ~,VE %'OULD LIKE TO KNOW WHO AUTHORIZED TIIE CUTTING OF THE TREES ON TtIE FO~MER LUCEY PROPERTY LOCAL PAPERS I.e. TR_k%ELER V4. kTCtI>,I kN.'SUFFOLK TIMES. THIS PETITION IS GENEI~S-TED WITH NO 5kS, LICE TOWARD 5IULLEN MOTORS INC, BICH_k~.D F. NIULLEN III OK %~ELLL%_%I H. 51ULLEN. THIS PETITION IS ONLY IN ~ESPONSE TO OUR GFVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RIC}EkRD F. MULLEN IH AND X~]LLLkg[ H. ,%[ULLEN TO pROTECT THE V.~LUES OF PROPERTIES AND MAINTAIN THE RUR~kL CtlAR_4,CTER OF OUR CO5 [MUNITY. PETITION SIGNATURE SHEET # PRINT N,~J~[E ADDRESS SIGNATURE PHONE i~ O&~ ~i~,ao,..o ~i,(:(c ~ (~ ~.~. ¢'7'7~7 7 , TO SOUTHOLD TOWN BOARD AS RESIDENTS OF SOUTHOLD TO'~'*qN ~,~E ASK THE BOA~qi~ TO R.EJECT TIlE .APPLICATION OF RICIL~dlD F. MULLEN IIl AND h~,~ILLIA?,I H. MULLEN TO DO'~qN ZONE COLONIAL CORNERS OIB} A~ND THE ADJACEN'r RESIDENTIAL PARCEL OF LAND 01-40) (DESIGNATED ON SUFFOLK COUNTY TAX M,kP 10~L062.00-03.0~-022.0~11 .&`ND 024.0411) TO A GENEB&L BUSINESS ZONE (B) FOH THE PURPOSE OF EXPANDING THEIR PAJtKING A~ND STOB.4,GE. FOR OB'¢-IOUS REASONS, A CAll DEALERSHIP OR AI~CY COMMERCL&L ENTERPRISE SHOULD NOT BE PER-MITTED TO EXP.&NrD INTO H.~`VILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD AD~'ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DCE TO INCREASE D USAGE. ONCE THE PROPERTY IS DO',~,~GB&DED AN~'THING C.&N A~ND .%LAY tLkPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.~FIC }L~Z_~RDS, HIGH NOISE INFII_4,C'FIONS, .A,ND INWASION OF PRIVACY IN"ro RESIDENTI. AL A]IEAS. bIULLEN bIOTORS It-kS A GOOD NA_'~IE A,ND ENOUGH ~,qSIBILITY AS THINGS Alt.E. HOWE','EI~ FURTHER CO,',IMERC[,kL EXPANSION INTO S.&ID SITES IS NOT IN KEEPING ','~l'r il OUR BEAUTIFUL HISTORIC 1540 'vILLAGE AND OUR RESIDENTL&L PROPERTIES. ',;E ASK TIlE BO ~.JtD TO RLIECT THIS .APPLICATION. V,'E WOULD LIKE TO KNOX',' V, ltO AUTHORIZED THE CUTTING OF TttE TREES ON THE FORMER LUCEY PROPERTY AND ~',ERE .~_N~' OF TIlE TREES ON TIlE PUBLIC RIGHT OF WAY. V,~ THE PETITIONERS WOULD LIKE AN' k\'S~ER ~,~4 /liE LOCAL PAPERS Le. TB.-kVELER WATCHM &`N/SUFFOLK TIMES. THIS PETITION IS GENERATED V~qTH NO NtALICE TO~,VARX) MULLEN MOTORS INC., RICI-L~RD F. MULLEN III OR '¢,qLLI &`M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI%'EN RIGHT Bk' LAW TO OPPOSE THE PETITION OF RICH_~D F. 51ULLEN III .&.ND V, qLLL&`M H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES .AND 5LA, INTAIN TIlE RUI~-kL CHAII&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET ~ # pRL'xTI? NAME ADDRESS SIGNATURE PHONE WITNESS: .,~.~¢,~,' r./~t~,~oZm-,~__ PH# 'TLt~q'~/Sl~ DATE TO SOUTHOLD TOWN BOARD PETIT'ON ~,'E TIlE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOX.~' W~. ASK THE BOARD TO RJE.IECT THE A.'- PLICATION OF RIC~RD F. MULLEN ZON I'; (H) IOR 'rile PURPOSE OE EXPANDING IIIEIR PARKING AND STOI[~G~ 'FO EXPAND INTO IL~MLET BUSINESS DIS'FRIeS OR RESIDENTLkL AR~k5. IT WOULD ADVERSELY AFFE~ TIlE INTE(;RITV AND VAI,UE OF IMMEDIATE AND SI'RRO 'NDI~G IIOMES AND BUSINESSES~ NOT TO MENTION QIIAI,ITY OF I,[EE AND ACOMMERCIAL 8L;SINESS ~ES NOT BELONG INTIIIS SETTING. ~ CREATES T~kFFIC IIA~RDS, I[[Gtl NOISE ENOUGH VISIBILITY AS TILINGS AR~ IIOWEg~ FURTIIER COMMERC~ EXPANSION INTO SAID SITES IS NOT IN KEEPING WIFII OUR BEAUTIFUL HISTORIC 1~0 gqLLAGE AND OUR RESIDE~ PROPERTIES. X~E XgOL:LD t. IKE TO KNOW x~l[O AL'TIIORIZED TIlE CU~ING OF THE TREES ON THE FORMER LUCEY PROPERFY XXlLLLAM H. MULLEN. Tills PETITION IS ONLY IN RESPONSETOOURG[VENRIGtlT BY LAW TO OPPOSE TIIE PETITION OF CILk~CWER OF OUR COMMUNITY. PETITION SIGNATURE SHEET ti PRINT. NAME ADDILESS I SIGNATURE ['HONE ~q'0"il'i~,,--q'~,~,r ~M-~,~ ~[ ~,..,',,,.. '. ~n~--~u :%, -' .:,, . ~ , ~ T-I,' ~,':~ ' ' ' " ': ~" ~ '~ 2-,, .,. ~'~ . _ .,, , r ~ ~,v~lh~o~ ~ ~sv 6,~:,~X //c.'~ ~'u~,u,- . ~7~-c'i~/ ,,p TO SOUTHOLD TOWN BOARD ',~ E TIlE UNDERSIGNED. AS RESIDENTS OF SOUTIIOLD TO',%'N WE ASK TIlE BOARD TO REJECT THE APPLICATION OF RICtL'tRD F MULLEN II1 .,,'ND WILLIAM Il. MULLEN TO DO;VN ZONE COI.ONIAL CORNERS flIB) AND THE ADJACENT RESIDENTIAL PARCEl, OF EA";I} [R 40i (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~1-06L00-03.00~21.~11 .-MHD 024.t~31) TO A GENEI4..*,L ~4USINESS ZONE (It) fOR TIlE PURPOSE OF EXPANDING TIIEIR PARKING .&ND STOR.AGE. FOR OBV'IOUS REASONS. A CAR DEALERSIIIP OR ANY COMMEI~C1A~ IrNTEI~RISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIA~ AREAS. IT WOULD ADS~RSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING tIOMES AND BUSINESSES, NOT TO MENTION QUALITY OF I,IFE AND SAFETY DUE TO INCREASED US,AGE. ONCE THE PROPERTY IS DO'WNGR_ADED A~NYTIIING CAN AND MAY ILAPI'EN. A COMMERCL&L BUSINESS DOES NOT BELONG IN TIIIS SE'I-f ING. IT CREATES TI~.FFIC IL~,ZARDS. IIIGII NOISE INFRACTIONS. AND INVASION OF PRIVACY INTO RESIDENTL~L AREAS, MULLEN MOTORS IIAS A GOOD N.LME AND KEEPING W[Tll OUR BEAUTIFUL HISTORIC 16q0 '~qLLAGE AND OUR RESIDENTI~d~ PROPERTIES. x~, E ASK TIlE BO kRD TO RE.IECq- Tills APPLICATION. '.;E WOULD LIKE TO KNOX',' ',~i[O AUTI[ORIZED TIlE CU'I~ING OF THE TREES ON TIE FORMER LUCEY PROPFRTY PETITION SIGNATURE SHEET # PRINT NAM]~ ADDRESS ~ S IGNATLP/~E PHONE ~ , ,,, ~' -./ , ,, -.,.. ,.. . L,t; / 4~ "' ;{&.t~. v,. "t · ~' ',' /' ' ' 4Iqi7, ~c'~ ~.5'c' Lb~ I~¢ ,L p '~ ~ ~p ~'b ( ; ',~.', .. :~ :.,,~ ~ ~ ~~.lm'' '~-I/I 7 ~ > · ~.,~.- ,/77-~/~-C '~,,,9~ ',Zr,.,.,...,'""' .' ., '' WITNESS: ~ ..... k-t.~..,:e,'tf~ PH# -?{.,'~-'~?L/',, DATE PAGEe q~..~'-- , TO SOUTItOLD TOWN BOARD ~"E TtIE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ~VE ASK THE BOARD TO B~$ECT THE AI~PLICATION OF RICIL4JI~ F. MULLEN I11 AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (}lB) A2iD THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-10} (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.00-022.001 A~ND 024.001) TO A GENEI~AL BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPANDING THEIR PARKING A.ND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCL~L ENTERI'RISE SItOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRIOrS OR RESIDENTIAL AREAS. IT WOULD AD~/'ERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGR_&DED ANYTHING C~N ,~qD NL&Y H~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TtIIS SETTING. IT CREATES TI~FFIC ILA2~kRDS, HIGH NOISE INFII_&CTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL A~EAS. MULLEN MOTORS HAS A GOOD NA~',IE A~ND ENOUGH VISIBILITY AS THINGS AI~E- HOW'EVEIL FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~VITH OUR BEAUTIFUL HISi'ORIC 1640 VILLAGE XND OUR RESIDENTIAL PROPERTIES. XVE ASK THE BOARD TO REAEC'r THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF TIlE TREES ON TfIE FOR2qER LUCEY PROPERTY AND ',~, ERE ANT OF TIlE TREES ON TIlE PUBLIC RIGfIT OF WAY. ~,~ TIlE PETITIONERS WOt LD LIKE .sC~' ANS'~T.R 'VI ', TIlE I.OCAL PAP ERS I.e TI;Lk~,TLER W,kTCItN[.~N'/SUFFOLK TIMES. THIS PETITION IS GENERATED ~,~,'ITH NO M.kLICE TOWARD MULLEN MOTORS INC, RICH_kRD F. MULLEN Iii OR '~;~[LLIA31H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GI~'EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICEL~RD F. MULLEN III AND ;~,TLLL~! H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ,MAINTAIN THE RL'I~&L CtIA~-',CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET I' # PEINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN BOARD PETITION aWE THE UNDERSIGNED, ZONE (B) FOR THE PURPOSE OF EXP~NDING THEIR PARING ~ND STO~G~ AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO blENTION QUALITY OF LIFE THIS PETITION' IS GENERATED WITH NO SLUICE TOWARD NIULLEN MOTORS INC., RICkeD F. MULLEN IU OR ~$qLLLkM H. MULLEN. THIS PETITION IS ONLY IN ~SpONSE TO OUR GD~N RIGHT BY ~W TO OPPOSE THE PETITION OF PETITION SIGNATURE SHEET I # PR1NT NAME ADDRESS SIGNATURE PHONE v.,n · , ~ - .:~ ~ ,,, '" TO SOUTItOLD TOWN BOARD PETITION AS RESIDENTS OF SOUTHOLD TO~,YN '¢PE ASK THE BOARD TO REJECT TIlE .APPLICATION OF RlCII_~ID F. MULLEN III AND ~b,]LLIA.M H. MULLEN TO DO',~N ZONE COLONIAL CORNERS 041t) .~uND THE ADJACENT RESIDEN~FIAL PARCEL OF ZONE (B) FOR THE pURPOSE OF EXPXNDING THEIR pARKING ,~ND ST Old, GE. FOR OBVIOUS REASONS, A CAll DEALERSHIP OR ~ CO,",IMEItCIAL EN~I'ERPRISE SHOULD NOT BE PER.MITrED TO EXPAND INTO It,~MLET BUSINESS DISTKIC'I'S OR RESIDENTIAL AREAS- rr WOULD ADVERSELY AFFECT THE INTEGRITY AND I'ALUE OF IMMEDIATE ANI) SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE · ONCE THE PRO P E RIY IS DO;~' ''NG RAD E D AN~(T H IN G C'~N '&ND ~LAY IfA'P P E N' A CO,M,',IERCIA.L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TR.~fFIC H_&ZA~RDS, HIGH NOISE INFRACTIONS, A~ND L'O,'ASION OF PRIVACY INTO KESIDENTL&L AREAS. MULLEN MOTORS H_~.S A GOOD NA-ME AN'D ENOUGH ~,TSIBILITY AS THINGS AKE. HOVPES,~ER, FURTHER COM,",IERCIAi, EXP.~NSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC If:M0 ~rlLLAGE ,~ND OUR RESIDENTIAl. PROPERTIES. '~'*~. ASK THE BO.'O~D TO REJECT IHIS .~PPLICATION. ',', E V, OULD LIKE TO KNOW WHO AL~ItORIZED TIlE CUTTING OF THE TREES ON IHE FOR_\IER LUCEY PROPER~'~ ~,VILLIA_M ti. ,MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GD,'EN RIGHT BY LAW TO OPPOSE THE PET[TION OF RICH_MD F. MULLEN Ill A_'4D ',~'ILLLk.M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND 3, LklNTAIN THE RUII.~L PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BOARD PETITION W'E T~E UNDERSIGNED, AND VALUE OF IMMEDIATE A~ SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND LOCAL P %PERS I.e. l'~k% ELER WATC}IM.%N. SUFFOLK TIMES. IHIS PETITION IS GENE~[TED %%1T}t 50 SLUICE TOWARD MULLEN MOIOR5 INC., RICH~D F. MULLEN iii OR %%ILLL~M H. MULLEN. THIS PETIT1ON IS ONLY IN ~5PONSE TO OUR G~N RIGHT BY LAW TO OPPOSE THE PETITION OF PETITION SIGNATURE SHEET WITNESS: TO SOUTHOLD TOWN BOARD WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~,S ~'N '¢,"E ASK TIlE BOARD TO RE..FECT TI~E A~PLICATION OF RiC'~L~qJ) F. MULLEN III AND ~,VILLIA.M H. MULLEN TO DOW~ ZONE COLONIAL CORNERS ~IB) .~ND THE ADJACEN-F RESIDENTIAL PARCEL OF AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND LOCAL PAPERS I.e. T~kgILER WATCHM.kN~SUFFOLK TIMES. ~glLLLMM H. MULLEN. THIS PETITION IS ONLY IN ~SPONSE TO OUR GD~N RIGHT BY LAW TO OPPOSE THE PEIIIION OF PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BOARD ">CE TtIE UNDERSIGNED, llI AND WILLI,~M H. MULLEN TO DO"?',,TM ZONE COLONIAL CORNERS (}lB) ,adND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY I.~-a( M.~P 10~}-062.0~ 03.~-022.0~1 A~ND 024.0~]I) TO A GENER.~.L BUSINESS ZONE (1t) FOR THE PUB.POSE OF F~XP.~NDING THEIR PARI~ING ~ND STOILAGE. FOR oBVIOUS RF..ASONS, A CAR DEA.LERSHIP OR A.NY CO,MMERCL4~ EN~EB. PRISE SHOULD NOT BE PEI~MITTED TO EXPAND INTO ILMMLET BUSINESS DISTRICTS OR RESIDENTL'kL ARE.kS. IT WOULD ADIrERSELY AFFECT THE INTEGRITY AND VALUE OF IblMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO bIENTION QUALIIY OF LIFE SAFETY DUE TO INCREASED USAGE, ONCE THE PROPERTY IS DO",~GR.~DED A,"~LTHING C.UN A2~D 3L-kY I-L&PPEN. A CO-MMERCL~L BUSINESS DOES NOT BELONG IN TtIIS SEITING. IT CR~.AIES TR-MrFIC I~A2Ddt. DS, HIGH NOISE INFR_&CTIONS, AND IN'VASION OF PRrVACY INTO RESIDENTLkL A~RE.AS. I~IULLEN MOTORS ILkS A GOOD N.AME ENOUGH VISIBILITY AS THINGS ARE. HOWE'F'EIL FURTHER COMMERCL~L EXP,MNSION INTO SAID SITES IS NOT IN KEEPING ",~TH OUR BEAUTIFUL HISTORIC 1640 VILLAGE ..MND OUR RESIDENTIXL PROPERTIES. XVE '~,OULD LIK~ TO KNOW '~TIO A/~fHORIZED THE CUTTING OF THE TREES ON THE FOR_MER LUCEY PROPERTY LOCAL PAPERS Le. TB_&'VELER WATCHM.~N~SUFFOLK TIMES. THIS PETITION IS GENEI~.4,TED WITII NO MALICE TOWARD .MULLEN MOTORS INC., RICH.k~RI) F. MULLEN III OR V~2LLL~.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIA~N RIGHT BY LAW TO OPPOSE THE PETITION OF I~CH.~dtD F. MULLEN III .AN'D V,'ILLLAM H MULLEN TO pROTECT THE V>~LUES OF PROPERTIES AND 5L~INTAIN TtlE RU~kL CIL~d~&CTER OF OUR COMMUNITY- PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BOARD · ,'/E THE UNDERSIGNED, AS RESIDENTS OF SoIfrI{OLD TOWN WE ASK THE WARD TO ~CT THE APPLICATION OF RIC~RD F. MULLEN llI AND WILLI~M Il. MULLEN TO D4)~,¥N ZONE COI,ONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF I,AND IR-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~0-062.00-03.0~022.0~1 AND 024.001) TO A GENERAL BUSINESS ZONE (BI FOR THE pURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE pERMITTED TO EXPAND INTO IIAMLET BUSINESS DISTRICTS OR RESIDE~rI~kL AREA~. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTIIING CAN ~ND bIAY IIAPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRA}'FIC I{AZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS IIAS A GOOD NAME AND ENOUGH VISIBILITY AS TILINGS ARE. IIOWEVER~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~;qTII OUR BEAUTIFUL HISTORIC 16-10 VILLAGE AND OUR RESIDENTIAL PROPERTIES- WE ASK TIlE BOARD TO RF~ECT TltlS APPLICATION, V~E WOULD LIKE TO KNOW ~110 AUTHORIZED THE CUTTING OF THE TREES ON TIlE FOR~MER LUCEY PROPERTY AND WERE A2qY OF TIlE TREES ON TIIE PUBLIC RIGIIT OF WAY. VCE TIlE PETITIONERS WOULD LIKE AN ANS~VER ~qA TIlE LOCAL PAPERS kc. TP~&VELER WATCIIMAN/SUFFOLK TIMES. TBIS PETITION IS GENERATED WITH NO M~LICE TOWARD MULLEN MOTORS INC., RICIIARD F. MULLEN III OR WILLIAM B. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GlUtEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIIARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIIE RUP~kL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET SIGNATURE PHONE # PRINT NAME ADDRESS ' //' / / , WITNESS: "Q{, ~/&~.~ ~"~'~ ~. ~. ~'~? PH# ~ ~<'-~<~v-/2-~ DATE PAGE# / TO SOUTHOLDTO%VNBOARD '*,T. 'FilE UNDERSIGNED. AS RESIDENTS OF' SOUTIIOLD TO``'*~' ``'~IE ASK TIlE BOARD TO RE.FEET TIlE APPLICATION OF RICH~kRD F ,,~ 'LLE?,' P'OR OBVIOUS RF~``SONS, A CAR DE,\I.ERSIIIP OR ANy COM,MERC'LAL ENTERPRISE SHOULD NOT BE PERMII'FEI) FO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTL&L ARF~-\S. IT WOULD AD'VEItSEL¥ .AFFECT TIlE INTEGR['I'Y AND VALUE OF IMSIEDIATE AND SURROUNDING IIOMES AND BUSINESSES, NOT TO /MENTION QU.S,I.IT¥' OF II&'E A.'-,D S.&PETY DUE TO INCREASED US.',,GE ONCE TIlE PD. OPERTY IS D~)WNG~&DED AN't'T NG CA~N ~.N D MA,t. i i s.p i, EN' A COMNIERCLkL BUSINESS DOES NOT BELONG IN TIllS SETTING, Fr CREATES TIL\FFIC ILS. Z..kI, tDS, I[IGII NOISE INFR.\CT[ONS, AND INVASION OF PRI','AC~t' INTO RESIDENT[AL AIIE.AS. MULLEN MOTORS I[AS ..t GOOD NANIE AND Tills PETITION IS GENEI~\TED ',tqTl[ NO ,",L\L[CE TOWARD MULLEN MOTORS INC, RICII.\RD F. MULLEN [11 OR PETITION SIGNATURE SHEET # p PSI'~ NAN[E ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN BOARD ~,VE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTtlOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICtLa. RD F. MULLEN 111 AND WILLIA~M Il. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB) AND THE ADJACENT RESIDENTIAL PARCEL OF I,AND [R-40) (DESIGNATED ON SUFFOLK COUNTY TAX I~IAP 10~0-062,00-03.0~022.0~1 AND 024.0~1) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO IIAMLET BUSINE~SS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT TIIE INTEGRITY AND VALUE OF IMMEDIATE AND SIJRROIINDING IIOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED ANYTIIING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TIlIS SETTING. IT CREATES TRAFFIC I~AZARDS, tlIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS }lAS A GO~D NANIE AND ENOUGH VISIBILITY AS TILINGS ARE. tIOWEVER~ FURTHER COMMERCIAL EXPA~NSION INTO SAID SITES IS NOT IN KEEPING W~TII OUR BEAUTIFUL HISTORIC 16-10 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIlE BOARD TO REJECT TItIS APPLICATION. WE WOULD LIKE TO KNOW ~¥'HO AUTHORIZED TIlE CUTTING OF THE TREES ON TIlE FOI~'VlER LUCEY PROPERTY AND WERE A~Ny OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANS'WER 'via TIlE LOCAL PAPERS i.e. TR. AVELER WATCtlMAN/SUFFOLK TIMES- THIS PETITION IS GENERATED WITII NO MALICE TOWARD MULLEN MOTORS INC.. RICtlARD F, NIULLEN III OR Y¢ILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIIARD F. MULLEN III AND 'VVILLIb.gI IL ~,IULLEN TO PROTECq' TIlE VALUES OF PROPERTIES AND MAINTAIN TIIE RURAL CI IAIL4.CT ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PPdNT NANiE ADDRESS SIGNATURE PHONE ' WITNESS: TO SOUTHOLD TOWN BOARD WE Till,', UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TO~'C~ ','CE ASK TIlE BOARD TO REJECT TIlE APPLICATION OF RICtL*.RD F. MULLEN I11 \NIl \XlLLLkM Il. ,NIULLEN TO D()V~N ZONE COI,ONIAL CORNERS {liB) AND TIlE AD,IA( ENT RESIDENTI.\L PARC'Er OF [ ',N~[~R~ (DESIGNATED ON SUFFOLK COUNTY TAX ,MAP 10G~-062.00-03.00-022.0gl AND 024.001) TO A GEN'EIKXL B~fSINt:,SS ZONE fig) I:OR '!lie PURPOSE OF EXPANDING TIIEIR PARKING AND SIORAGE. FOR OBVIOUS REASONS, A CAR DEALERSIIIp OR AuNY COMMERCIAL E,NTERPRISE SHOULD NOT BE PERMITTED fO EXPAND INTO IIAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDL*`TE AND SURROUNDING IIOMES AND BUSINESSES, NOT TO MENTION QUAI,ITY OF LIP--I:, ANI'~'~ S4},'ET'~ DIE TO INCREASED USAGE. ONCE TIlE PROPERT3r IS DOWNGRADED ANYTIi[NG CAN ,LND MAY IIAI'PEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TIllS SETTING. lq' CREATES IILkI,'PIC II. kZ.,\RDS, III(H1 ,NOISE INFRACTIONS, ,*,ND 1N'vAS1ON OF PRIVACY' INTO RESIDENTIAL AREAS. MULLEN iMOTORS IL.kS A GOOD NAME ENOUGII VISIBILIFY AS TILINGS ARk:. HOWEVER, FURTItER COMMERCLAL EXPANSION INIO SAID SII'ES IS NOI IN KEEPIN(; \VITII ()UR BEAUTIFUL IIISTORIC 1(~10 VII~LAGE.\ND OUR RESIDENTIAL PROPERTIES. V~ E ASK TIlE BOARD TO RI:AEC'q' TIIIS APPLICATION. PETITION SIGNATURE SHE] # PR.!NT NAME ADDRESS SIGNATURE PHONE " d , ~ ~ -~ ~on co?dell ¢o~ n'~'- ~,,,~ '-.~~ ~ ,-. /1_: ~ f' - . - ~.- ..~ ,j -- ~j~ ' .. .,.,~_~ - ~ , ~ ~ . . . . .' ' _ -. ' ..... ~,~ ~ 37/5 IuD TO 'SOUTHOLD TOWN BOARD YYE Till'; UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOWN ;WE ASK THE BOARD TO RE.IECT TIlE APPLICATION OF RICtIARD F. MULLEN III AND WILLIAM II. MULLENTO DOWN 7X)NE COLONIAl, CORNERS {I B) ANDT tEADJACENT RESIDENTIAL PARCEl, (IF I,AND (R 40) (DESIGNATED ON SUFFOLK COUN'~Y TAX MAP 1000-062.0~-03.00-022.0~ A_~-~7. ~-O--:k ZONE (Il) FOR TIlE PURPOSE OF EXP.kNDIN'G TIIEIR PARKING AND STOR~GF~ FOR OBVIOUS REZtSONS, A CAR DEALERSII1P OR ANY COMMERCIAL ENTERPRISE SIIOULD NOT BE PERMITTED TO EXPAND INTO IIAMLET BUSINESS DISTRICTS OR RES DENTIAL ARF~'~S. IT WO! LD AI)VI.;RSE, ' AFFECT TIIE INTEGRIT'~ AND VALUE OF INIMEI)IATE AND SURROItNI)ING IIOMES AND BUSINESSES, NOT TO *fENI'I~;~ QUAIATY OE SAI' ETY DUE TO INCREASED USAGE. ONCE TIlE PROPER fY IS DOWNGILADED ANETIlING CAN AND MAY tL&PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TIIIS SETTING. IT CREATES TI~\FFIC IIAZ~kRDS, lllG[[ NOISE INFRAC'T1ONS. AND INVASION OF PRIVACy INTO RESIDENTLAL AREAS. MULLEN MOTORS I1AS A GOOD N,\ME KEEPING W1TII OUR BEAUTIFUL IIISTORIC 1640 VII, LAGE AND OUR RESIDENTbLL PROPERTIES. WE ASK TIlE BOARD TO REJECT TtlIS \PPLICATION. PETITION SIGNATURE SH] TO SOUTHOLD TOWN BOARD 1~-- PETITION ~ '~ TIlE UNDERSIGNED, AS RESIDENTS OF SoEFrtIOLD TO~N ~VE ASK THE BOARD TO ~CT THE APPLICATION OF RIC~RD F. MULLEN III AND WILLIAM H. MULLEN TO ~ ~NE COLONIAL CORNERS ~IB) ~D THE ADJACENT RESIDENTIAL PARCEL OF LAND ~-40) ~ESIGNATED ON SUFFOLK COUNTY T~X MAP 1~-~2.~-03.~22.~1 ~D 024.~1) TO A GENE~L BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING ~D STO~G~ FOR OB~OUS R~N~ A CAR D~LE~HIP OR ~ ~MMER~ E~E~SE SHOULD NOT BE PE~I~ED TO EXPAND INTO I~MLET BUSINESS DIaRIeS OR RESIDE~L A~ IT WOULD ADVERSELY AFFE~ TIIE INTEGRITY AND VALUE OF IblMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~WNG~DED ~NYTIIING C~N ~ND MAY ILkPPEN. A COMMERC~ BUSINESS ~ NOT BELONG IN THIS SE~ING. ~ C~TES T~FIC I~DS, HIGtl NOISE INF~IONS. AND INVASION OF PRIVA~ INTO RESIDENT~L AR~& MULLEN MOTORS HAS A G~D N~ME AND ENOUGlt VISIBILITY AS TILINGS ARL tlOWE~ FURTHER COMMER~L EXP~SION INTO SAID SITES IS NOT IN KEEPING ~qTU OUR BEAUTIFUL HI~ORIC 1~0 ~LLAGE AND OU~ RESIDE~ PROPERTIES. ~ ASK TIlE BOARD TO R~ THIS APPLICATION. WE WOULD LIKE TO KNOW ~$MO A~IIO~ZED TIlE C~ING OF ~ TRE~ ON THE FO~MER LUCEY PROPERTY AND WERE~NYOFTIIETREESONTIIEPUBLiCRiGiiTOEWAY. g~THEPETITIONERSWOULDiAKE~NANSWERVLkTiiE L~AL P kPERS I.e. T~I ER WATCH5 ~NVSUFFOLK TIMES THIS PETITION IS GENE~TED W1TII NO N~ICE TOWA~ MULLEN bIOTORS INC., RICt~D F. MULLEN Ill OR ~g]LL[AM H. MULLEN. TtDS PETITION IS ONLY IN RESPONSE TO OUR G~N RIGHT BY LAW TO OPPOSE TIlE PETITION OF ~ ICIIARD F. MULLEN Ill ~ND WILLIAM H. MULLEN TO PROTE~ TIlE VALUES OF PROPERTIES AND MAINTAIN TIlE RURAL CHA~k~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET '# PRIi~rl' NAME ADDRESS SIGNATIJRE PHONE CAROLYN A. ZENK ATTORNEY AT LAW 121 Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 Southold Town Board Southold Town Hall Main Road Southold, New York 11971 June 29th, 1998 RE: Super majority or five votes from the Southold Town Board are now needed to change the zone on the Mullen Motors parcel pursuant to the authority vested in Town Law section 265 and a properly executed protest petition. Dear Members of the Southold Town Board, I represent a number of Southold residents who own property or reside near the Mullen Motors car dealership. As you know, Richard and William Mullen applied for a change of zone from hamlet business and residential to general business, allegedly to expand their parking. Numerous residents have respectfully requested that the Town Board not down zone this neighborhood to allow for the expansion of the Mullen Motors car dealership and have submitted a petition to that effect under separate cover. Enclosed you will find a protest petition made pursuant to Town Law section 265. Town Law section 265 changes the usual requirement for a change of zone from a mere majority of a town board to a super majority. Once a properly executed protest petition is filed in the Town of Southold, five affirmative votes of the Town Board rather than merely four would be needed to change the zone on the Mullen property. Enclosed, you will also find an affidavit from Marc E. Charest, a licensed land surveyor, which proves that the prerequisites of the Town Law section 265 have been met as well as an illustrative map. Thus, the Town Board must now have five affirmative votes, rather than four to effect a change of zone on the Mullen Motors parcel. Abstentions would not count toward same. Town Law section 265 requires either the signatures of the owners of 20% of the land within 100 feet of the area proposed for a zone change, or the signatures of the owners of 20% of the land located directly opposite the land proposed for a zone change and located 100 feet from the street frontage to effect a change in the votes required. page 2 Specifically, Town Law section 265 provides: 1. Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added). The commentaries by Terry Rice contained in McKinney's explains, A proposed amendment to a zoning law possesses the potential of affecting property owners in the immediate vicinity to a greater degree than the community at large. Consequently, section 265(1) provides for the filing of a protest petition which requires approval of a zoning amendment by more than a simple majority of the town board, that is, by the affirmative vote of three-fourths of the members of a town board. The purpose of the greater than majority vote is to provide additional protection to those property owners who would be most affected by a zoning change...Determining the validity of a protest petition involves a computation of the total area of land, the owners of which are eligible to sign a protest petition and, second, an assessment of the percentage of the applicable area represented by the signers of a petition...the second and third categories require a computation of the area within a 100 foot perimeter adjacent to or across the street from such property. Although those computations generally also are relatively simple, specific, peculiar scenarios may raise difficult factual issues. For example, the area of land lying in the street immediately adjacent to land which is the subject of a proposed zoning amendment has been excluded in calculating the total area immediately adjacent to the property. See Biedermann v. Town of ~, 125 A.D.2d 465, 509 N.Y.S.2d 394 (2d Dept. 1986) 56 and 57. (Emphasis added). · P For an illustration, of how the calculation is made, your counsel may wish to consult Iannarone v. Town Board of the Town of Hempstea,~, 59 Misc. 2d 212, 298 N.Y.S.2d 350 at pages 352 and 353. For additional information regarding Town Law section 265, counsel may also wish to consult ~ey v. Town Board of the Town of Porte%, 117 A.D.2d 989, which holds that a three to one vote, (where a board had five members) with one member abstaining was not enough to pass a zoning amendment where page 3 a proper protest petition had been filed. Note that abstentions cut against rather than for a zoning amendment. In an Informal Opinion No. 85-6 of the Attorney General, the Attorney General determined that where a municipality consisted of seven members, and a protest petition was properly executed pursuant to Village law section 7-708(1), which is similar to Town Law section 265, six affirmative votes of the board was required for the zone change. The Attorney General reasoned thus, Since your board of trustees has seven members, it is required that action be taken by three-fourths of the "whole number', of the board (Village Law, section 7-708(1); General Construction Law section 41) Three fourths of your seven member board comes to 5.25, thus requiring the vote of at least six members to take action on a proposed zoning change, p. 66 of opinion. Since your board consists of six members and a three quarters vote of the board is necessary for a change of zone comes to 4.5, four affirmative votes are insufficient to constitute the super majority needed. As confirmed by your counsel during the week of April 6th, five votes are necessary when an appropriate petition is filed. As I explained in a legal affirmation submitted September 29th, 1997, the proposed down zoning is unnecessary and will down-grade this neighborhood. The zone change is unnecessary because the purported goal of the Mullens, is to accommodate additional parking. From this perspective, the zone change is excessive because it would not only permit a parking lot, but numerous undesirable uses "as of right" or by special exception, including fast food restaurants, gas stations, car washes, and industrial uses among others. It constitutes the proverbial "overkill.,, As the Group for the South Fork's General Counsel, a leading East End environmental protection and planning organization, I have worked extensively in the Towns of East Hampton, Southampton, and Shelter Island since 1980. I have served as a professional Land Use Planner for five years· I am acquainted with the Comprehensive Plans of these three towns and the South Fork villages. Many of these municipalities have come to realize that a quaint, rural atmos here modestly-scaled, charmin~ ~e~ .... ~ . . ? , consisting of ~, ~ u=~u~an-orlented businesses, is fundamental not only to a high quality of life for ' . ~a%l business owners who depend u~on = ~^--~-= ~ r~sldents, but to · · ~ ~ ~ uuu~m~u-Dase~ economy for =near income It is abundantly clear that g~ven the abundance, location, and overwhelming size of "up-island,, businesses, that the only way that East End businesses can draw business and compete is to offer what the western areas of Long Island cannot-small town charm. page 4 An expansion of Mullen Motors, a highly commercial, automobile- centered business is at odds with sound planning and the environmental and business interests of Southold. We have confidence that the Town Board can find more imaginative, less destructive means to accommodate the Mullen,s need for parking than contributing to destructive commercial sprawl in hamlet centers and residential neighborhoods. Sprawling parking lots, with bright flood lights that disturb residents and reduce property values, have no place in historic Southold. Please confer with counsel regarding the impact of this protest petition upon any vote taken by the Town Board with respect to the Mullen Motors change of zone application. Thank you for your consideration in this matter which is of utmost importance to my clients, as well as to the community at large. Sincerely, cc: Town Clerk Southold Town Attorney Planning Board The Zoning Committee Nelson, Pope, and Voorhis Adam Grossman, Esq. PROTEST PETITION REQUIRING A SUPER MAJORITy FOR MULLEN CHANOE OF ZONE APPLICATION WHEREAS, Town Law, section 265, mandates that upon the presentation of a properly executed protest petition, the vote required for a zoning amendment changes from a simple majority of the Town Board to a super majority; WHEREAS, Town Law section 265(1) provides: Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority Vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the Owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the Owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); WHEREAS, William and Richard Mullen have petitioned the Town Board for a change of zone for a 1.25 acre parcel in the hamlet of Southold, located at the southwest corner of NYS Route 25 and Locust Lane, from Hamlet Business and Residential to General Business, in order to eXpand the Mullen Motors car dealership; WHEREAS, this change would allow inappropriate, Overly commercial uses in this neighborhood including fast food restaurants like 7-11, Arbys, and McDonalds(SE), warehouses(P), gas stations (SE), car washes (SE), bars (SE), wholesale beverage distributors(p), and industrial uses; WHEREAS, the existing residential zoning category is less impactful, allowing such uses as farms(p), horse farms(p), churches(SE), and residences, and the hamlet business Zone also allows less impactful commercial uses, both of which are more consistent with the downtown charm of Southold and less destructive of existing small businesses, many of which depend upon rural charm to be successful; WHEREAS, the zone change is unnecessary in that the alleged problem eXperienced by Mullen Motors is a parking problem which could be solved through more imaginative solutions than a down zoning; WHEREAS, the undersigned are all property owners within 100 feet of the area proposed for the zone change: WHEREAS, the undersigned collectively own more than 20% of the land immediately adjacent to the land included in the proposed zoning change; page 2 of 2 of PETITION WHEREAS, would be needed; three fourths, or 75% of the six member Southold Town Board 4.5, and 4 votes would not constitute the super majority THEREFORE, we the undersigned protest the change of zone, and by law, five affirmative Votes in favor of the proposed change of zone, rather than four are now required as the result of filing this protest petition with the Town Board: NAME:(Print) ADDRESS: SIGNATURE: /~ ,.'* ' . . S AN~ NvHoN oTO _ TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK .................................................... In'the Matter of William and Richard Mullen's Change of Zone Application from Hamlet Business and Residential to General Business State of New York) )SS: County of Suffolk) Marc E. Charest, being duly sworn, deposes and says: 1. I am a land surveyor, licensed in the State of New York. AFFIDAVIT MARC E. CHAREST New York State license number is 050149. P.C. located at 94 West Montauk Highway, My phone number is 516-728-5330. 2. I make this affidavit in support I own Northstar Surveying, Hampton Bays, New York 11946. of a protest petition regarding Mullen Motors made pursuant to Town Law section 265. Town Law section 265 changes the number of votes needed to change the zone on a piece of property in New York State from a majority of town board members to a super majority. 3. Richard Mullen and William Mullen applied to the Southold Town Board to change the zoning on a piece of property located on the southwest corner of NYS Route 25 and Locust Lane from Hamlet Business and Residential to General Business, in order to expand the Mullen Motors car dealership. Adjoining property owners protested. 4. Ordinarily, a majority of the six member Town Board would be needed to change the zone on the property, which would be four affirmative votes. However, a properly executed petition under Town Law section 265 changes the vote required to a super majority. Thus, five affirmative votes would be needed from the Town Board, not four, to change the zone. 5. I have been retained by a number of $outhold residents who own property in the vicinity of the Mullen Motors car dealership to ascertain whether the requirements for Town Law section 265 have been met. 6. I have fifteen years experience surveying residential and commercial properties for both public and private clients in the County of Suffolk. As a licensed land surveyor, my duties include, among other things, determining the location of property boundaries, the area of properties, and calculations derived therefrom. Thus, I am qualified to ascertain whether Town Law section 265 has been met. 7. I am familiar with the subject site in question. I am also familiar with the provisions of the Town Law section 265. Town Law section 265 specifically provides: Such (zoning) regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be,effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); 8. I have reviewed the protest petition entitled, "PROTEST PETITION REQUIRING A SUPER MAJORITY FOR MULLEN CHANGE OF ZONE APPLICATION.,, This petition was signed by Doris Zito, 295 Locust Lane, Barbara J. Adams, 315 Cottage Place, Janice J. Szczesny 340 Locust Lane, David R. Szczeny, 340 Locust Lane, Richard H. Frederick, 385 Cottage Place, Debra Soto, 165 Locust Lane, Anthony Soto, 165 Locust Lane, Rita Costello Cohen, 56655 Main Road, and Albert Cohen, 56655 Main Road, nearby residents. 9. I have located the property of the petitioners by tax map and calculated the areas of their properties in relation to Town Law section 265 to determine whether or. not the requirements for Town Law section 265 are met. Depending upon the interpretation of Town Law section 265, lot number 17 may or may not be included. I have calculated lot areas, including lot 17 and excluding lot 17. My conclusions .are as follows. 10. Under Town Law 265(b), the calculation of the percentage of land of those "immediately adjacent, land owners that protested and that lies within a 100 foot radius of the proposed rezoning, including lot 17, is 36.7% This is greater than the 20% required. That calculation was derived by calculating the total area within the 100 foot radius of the property that is subject to the rezoning, which is 62,471 square feet; then calculating the total lot area contained in the lots of immediately adjacent property owners who are protesting (Lots 17, 18, and 26) which is 22,943 square feet; and finally calculating what percentage 22,943 is of 62,471, which is 36.7%. The first test under Town Law section 265 (b) is met. Thus, a three fourth or Super majority or five Votes of the Town Board is now required to change the zone. 11. Assuming that lot 17 is not included in the term "immediately adjacent,,, 30.4% of the lot area of "immediately adjacent,, land owners is within 100 feet. This exceeds the 20% figure required. Thus, the test is met again. That calculation was derived as follows. First the total area within the 100 foot radius surrounding the area proposed for a zone change was calculated at 56,775 square f.eet. Then the total area of land for those who signed the protest petition was calculated (lots 18 and 26) at 17,247 square feet. Then, it was determined what percentage 17,247 was of 56,775, which is 30.4%. This exceeds the 20% figure required. Thus, the first test under Town Law section 265 (b) would be met. Once again, a three .fourth majority or fiye votes of the Town Board is now required to change the zone. 12. Under Town Law section 265 (c), the calculation of the area of land for those who signed the protest petition who are "directly opposite,, the property proposed to be rezoned is 31.1% which is in excess of the 20% needed for a proper protest petition. That figure was derived as follows. First the total area within the 100 foot radius of land opposite the subject site was calculated, which is 70,392 square feet. Then, the total area of land owned by property owners who signed the protest petition and were directly opposite the land to be rezoned was calculated including lots 15, 35, and 36 which was 21,890 square feet. Then, it was determined what percentage 21,890 was of 70,392, which is 31.1%. 13. As shown in the above calculation, Town Law section 265 (c) is met. As such, a three-fourths majority of the Town Board members, which would be 5, is required to change the zone. 14. In summary, both tests for compelling a three-fourths majority of the Town Board to change the zone for Mullen Motors are met. Five affirmative votes of the Town Board are now needed to change the zone. Abstentions do not count toward this figure. A certai~ map entitled, "Radius Map of Property Surrounding Mullen Property Showing Areas of Lots to Compel a Super Majority,, dated June 18th, 1998 prepared by Northstar Surveying, PC is made a part hereof for illustration purposes. Respectfully Submitted, Marc E. Charest, LS / Sworn to before me this day of June, 1998. Notary Public ~ FRANKUN D. BUTZ NOTAP. y PUBUC, State of New Yod~ No, ~ ~)~oL~, COlTm?Ualifled In S~olk ~ . 65-3- 63-3- ' · 63-3- ~2 63-3-10 3,822 S ~ lIN 100' RAD'U$ 5,000 $.F. IN 100' RADIUS !0,000 $.F. IN 100' RADISU 9,424 S,F. IN 100' RADIOS 62 - Z- 2L 18,218 S ? ENTIRELY IN RADS Fe O D N87'O2'OO"E 100.00' 62-3- I g 14,744 SF IN 100' RADIUS  0 ~ 62L3- 18 ~'~ '. 7, 41 S.F. ~N !00' RADIUS 98.92' 54,379 S.F. 1.248 Ac. 162-' 62-5-25 6,565 S.F. ENTIRELY IN 62-5-37 !2,500 SF. IN 100' ~': : S ~0C' !0,105 62-3-25 10,106 S.F ENTIRELY IN RADIUS 62-3- 17 5,696 SF ,N 100' RADId<- T~WN LAW SECTION 265(]) PROVIDES' SUCH REGULATIONS, RESTRICTIONS AND BOUNDARIES MAY FROM TIME TO TiME BE AMENDED. SUCH AMENDMENT SHALL BE EFFECTED BY A SIMPLE ~AjORITY VOTE OF THE TOWN BOARD, EXCEPT THAT ANY SUCH AMENDMEN SHALL REQUIRE THE APPROVAL OF AT LEAST THREE'FOURTHS OF THE MEMBERS OF THE TOWN BOARD IN THE EVENT SUCH AMENDMENT IS THE Su3JECT OF A WRITTEN PROTEST, PRESENTED TO THE TOWN BOARD SI~NED BY; ~o~ THE OWNERS OF TWENTY PERCENT OR MORE OF THE ~RE~ OF L~ I.~MEDIATELY ADJACENT TO THAT LAND INCLUDED IN SUCH CHANGE, ~ ~ TENDING ONE HUNDRED FEET THEREFROMj OR (..~ THE OWNERS OF TWENTY PERCENT OR MORE OF THE AREA OF LAkD DIqECTLY OPPOSITE THERETO, EXTENDINO ONE HUNDRED FEET FROM THE ~.TPEET FRONTAGE OF SUCH OPPOSITE LAND. . 4~CULATIONS UNDER ITEM (b) ABOVE, .'..q.'2LUDING LOTS i7, I8, 19, 20, 25 & 26~ r[:TAL AREA WITHIN I00' RADIUS = 62,47i S.F. A~EA OF LOTS IN PROTEST (LOTS i7, I8, 26) = 22,943 = 36,7% S.F ~ £OT ]7 IS NOT INCLUDED" TOTAL AREA WITHIN i00' RADIUS = 56,775 S.F. AREA OF LOTS IN PROTEST (LOTS I8 & 26) = I7,247 S.F. = 30,47. 5-55 100' RADIUS UNDER ITEM (c) ABOVE, ~ A L CUL A TIONS 4.qEA OF LOTS WITHIN I00 FEET = 70,392 S.F. ~EA OF LOTS IN PROTEST (LOTS i~, 35 & ~6) = 21,890 = ~I,I 7. 100 FOOT RADIUS AS IN ITEM (b) 100 FOOT RADIUS AS IN ITEM (c) 290 S.F. IN fO0' RADIUS 62-3-54 RADIUS MAP OF PROPERTY SURROi MULLEN PROPERTY SHOWING ARE_AS OF LOTS TO COM, SUPER MAJORITY SITUATE AT SOUTHOLD TOWN OF SOUTHOL'~ SUFFOLK COUNTY, NEW SCALE 1" = 50' JUNE 18, 19 CAROLYN A. ZENK ATTORNEX AT LAW 121 Ponquogue Avenue Hampton Bays, New Xork 11946 516~723-2341 Southold Town Board Southold Town Hall Main Road Southold, New York 11971 June 29th, 1998 RE: Super majority or five votes from the $outhold Town Board are now needed to change the zone on the Mullen Motors parcel pursuant to the authority vested in Town Law section 265 and a properly executed protest petition. Dear Members of the Southold Town Board, I represent a number of Southold residents who own property or reside near the Mullen Motors car dealership. As you know, Richard and William Mullen applied for a change of zone from hamlet business and residential to general business, allegedly to expand their parking. Numerous residents have respectfully requested that the Town Board not down zone this neighborhood to allow for the expansion of the Mullen Motors car dealership and have submitted a petition to that effect under separate cover. Enclosed you will find a protest petition made pursuant to Town Law section 265. Town Law section 265 changes the usual requirement for a change of zone from a mere majority of a town board to a super majority. Once a properly ~xecuted protest petition is filed in the Town of Southold, five affirmative votes of the Town Board rather than merely four would be needed to change the zone on the Mullen property. Enclosed, yo~ will also find an affidavit from Marc E. Charest, a licensed land surveyor, which proves that the prerequisites of the Town Law section 265 have been met as well as an illustrative map. Thus, the Town Board must now have five affirmative votes, rather than four to effect a change of zone on the Mullen Motors parcel. Abstentions would not count toward same. Town Law section 265 requires either the signatures of the owners of 20% of the land within 100 feet of the area proposed for a zone change, or the signatures of the owners of 20% of the land located directly opposite the land proposed for a zone change and located 100 feet from the street frontage to effect a change in the votes required. page 2 Specifically, Town Law section 265 provides: 1. Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added). The commentaries by Terry Rice contained in McKinney's explains, A proposed amendment to a zoning law possesses the potential of affecting property owners in the immediate vicinity to a greater degree than the community at large. Consequently, section 265(1) provides for the filing of a protest petition which requires approval of a zoning amendment by more than a simple majority of the town board, that is, by the affirmative vote of three-fourths of the members of a town board. The purpose of the greater than majority vote is to provide additional protection to those property owners who would be most affected by a zoning change...Determlning the validity of a protest petition involves a computation of the total area of land, the owners of which are eligible to sign a protest petition and, second, an assessment of the percentage of the applicable area represented by the signers of a petitton...the second and third categories require a computation of the area within a 100 foot perimeter adjacent to or across the street from such property. Although those computations generally also are relatively simple, specific, peculiar scenarios may raise difficult factual issues. For example, the area of land lying in the street immediately adjacent to land which is the subject of a proposed zoning amendment has been excluded in calculating the total area immediately adjacent to the property. See Biedermann v. Town of Oran etg~_Q~, 125 A.D.2d 465, 509 N.Y.S.2d 394 (2d Dept. 1986). p 56 and 57. (Emphas~s added). For an illustration, of how the calculation is made, your counsel may wish to consult I~nnarone v. TowH Board of the TOWn of HemDstea~, 59 Misc. 2d 212, 298 N.Y.S.2d 350 at pages 352 and 353. For additivnal information regarding Town Law section 265, counsel may also wish to consult Hey v. Town Board of the Town of potter, 117 A.D.2d 989, which holds that a three to one vote, (where a board had five members) with one member abstaining was not enough to pass a zoning amendment where page 3 a proper protest petition had been filed. Note that abstentions cut against rather than for a zoning amendment. In an Informal Opinion No. 85-6 of the Attorney General, the Attorney General determined that where a municipality consisted of seven members, and a protest petition was properly executed pursuant to village law section 7-708(1), which is similar to Town Law section 265, six affirmative votes of the board was required for the zone change. The Attorney General reasoned thus, Since your board of trustees has seven members, it is required that action be taken by three-fourths of the "whole number" of the board (Village Law, section 7-708(1); General Construction Law section 41) Three fourths of your seven member board comes to 5.25, thus requiring the vote of at least six members to take action on a proposed zoning change, p. 66 of opinion. Since your board consists of six members and a three quarters vote of the board is necessary for a change of zone comes to 4.5, four affirmative votes are insufficient to constitute the super majority needed. As confirmed by your counsel during the week of April 6th, five votes are necessary when an appropriate petition is filed. As I explained in a legal affirmation submitted September 29th, 1997, the proposed down zoning is unnecessary and will down-grade this neighborhood. The zone change is unnecessary because the purported goal of the Mullens' is to accommodate additional parking. From this perspective, the zone change is excessive because it would not only permit a parking lot, but numerous undesirable uses "as of right" or by special exception, including fast food restaurants, gas stations, car washes, and industrial uses among others. It constitutes the proverbial ,,overkill." As the Group for the South Fork's General Counsel, a leading East End environmental protection and planning organization, I have worked extensively in the Towns of East Hampton, Southampton, and Shelter Island since 1980. I have served as a professional Land Use Planner for five years.'I am acquainted with the Comprehensive Plans of these three towns and the South Fork villages. Many of these municipalities have come to realize that a quaint, rural atmosphere, consisting of modestly-scaled, charming, pedestrian-oriented businesses, is fundamental not only to a high quality of life for residents, but to small business owners who depend upon a tourist-based economy for their income. It is abundantly clear that given the abundance, location, and overwhelming size of .up-island" businesses, that the only way that East End businesses can draw business and compete is to offer what the western areas of Long Island cannot-small town charm. page 4 An expansion of Mullen Motors, a highly commercial, automobile- centered business is at odds with sound planning and the environmental and business interests of $outhold. We have confidence that the Town Board can find more imaginative, less destructive means to accommodate the Mullen's need for parking than contributing to destructive commercial sprawl in hamlet centers and residential neighborhoods. Sprawling parking lots, with bright flood lights that disturb residents and reduce property values, have no place in historic Southold. Please confer with counsel regarding the impact of this protest petition upon any vote taken by the Town Board with respect to the Mullen Motors change of zone application. Thank you for your consideration in this matter which is of utmost importance to my clients, as well as to the community at large. Sincerely, Attorney at q~aw cc: Town Clerk Southold Town Attorney Planning Board The Zoning Committee Nelson, Pope, and Voorhis Adam Grossman, Esq. PROTEST PETITION REQUIRING A SUPER MAJORITY FOR MULLEN CHANGE OF ZONE APPLICATION WHEREAS, Town Law, section 265, mandates that upon the presentation of a properly executed protest petition, the vote required for a zoning amendment changes from a simple majority of the Town Board to a super majority; WHEREAS, Town Law section 265(1) provides: such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); WHEREAS, William and Richard Mullen have petitioned the Town Board for a change of zone for a 1.25 acre parcel in the hamlet of Southold, located at the southwest corner of NYS Route 25 and Locust Lane, from Hamlet Business and Residential to General Business, in order to ex~and the Mullen Motors car dealership; WHEREAS, this change would allow inappropriate, overly commercial uses in this neighborhood including fast food restaurants like 7-11, Arbys, and McDonalds(SE), warehouses(P), gas stations (SE), car washes (SE), bars (SE), wholesale beverage distributors(P), and industrial uses; WHEREAS, the existing residential zoning categor~ is less impactful, allowing such uses as farms(P), horse farms(P), churches(SE), and residences, and the hamlet business zone also allows less impactful commercial uses, both of which are more consistent with the downtown charm of Southold and less destructive of existing small businesses, many of which depend upon rural charm to be successful; WHEREAS, the zone change is unnecessary in that the alleged problem experienced by Mullen Motors is a parking problem which could be solved through more imaginative solutions than a down zoning; WHEREAS, the undersigned are all property owners within 100 feet of the area proposed for the zone change: WHEREAS, the undersigned collectively own more than 20% of the land immediately adjacent to the land included in the proposed zoning change; page 2 of 2 of PETITION WHEREAS, three fourths, or 75% of the six member Southold Town Board would be 4.5, and 4 votes would not constitute the super majority needed; ; THEREFORE, we the undersigned protest the change of zone, and by law, five affirmative votes in favor of the proposed change of zone, rather than four are now required as the result of filing this protest petition with the Town Board: SIGNATURE: NAME:(Print) ADDRESS: TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK .... In the Matter of william and Richard Mullen's Change of Zone Application from Hamlet Business and Residential to General Business ~FF IDAVIT MARC E. CF~%REST State of New York) )SS: County of Suffolk) Marc E. Charest, being duly sworn, deposes and says: 1. I am a land surveyor, licensed in the State of New York. My New York State license number is 050149. I own Northstar Surveying, P.C. located at 94 West Montauk Highway, Hampton BayS, New York 11946. My phone number is 516-728-5330- 2. I make this affidavit in support of a protest petition regarding Mullen Motors made pursuant to Town Law section 265. Town Law section 265 changes the number of votes needed to change the zone on a piece of property in New York State from a majority of town board members to a super majority. 3. Richard Mullen and william Mullen applied to the Southold Town Board to change the zoning on a piece of property located on the southwest corner of NYS Route 25 and Locust Lane from Hamlet Business and Residential to General Business, in order to expand the Mullen Motors car dealership. Adjoining property owners protested. 4. ordinarily, a majority of the six member Town Board would be needed to change the zone on the property, which would be four affirmative votes. However, a properly executed petition under Town Law section 265 changes the vote required to a super majority. Thus, five affirmative votes would be needed from the Town Board, not four, to change the zone. 5. I have been retained by a number of Southold residents who own property in the vicinity of the Mullen Motors car dealership to ascertain whether the requirements for Town Law section 265 have been met. 6. I have fifteen years experience surveying residential and commercial properties for both public and private clients in the County of Suffolk. As a licensed land surveyor, my duties include, among other things, determining the location of property boundaries, the area of properties, and calculations derived therefrom. Thus, I am qualified to ascertain whether Town Law section 265 has been met. 7. I am familiar with the subject site in question. I am also familiar with the provisions of the Town Law section 265. Town Law section 265 specifically provides: Such (zoning) regulations, restriction and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by: (b) the owners of twenty percent or more of the area of land immediately adjacent to that land included in such proposed change, extending one hundred feet therefrom; or (c) the owners of twenty percent or more of the area of land directly opposite thereto, extending one hundred feet from the street frontage of such opposite land. (Emphasis added); 8. I have reviewed the protest petition entitled, ,,PROTEST PETITION REQUIRING A SUPER MAJORITY FOR MULLEN CHANGE OF ZONE APPLICATION." This petition was signed by Doris zito, 295 Locust Lane, Barbara J. Adams, 315 Cottage Place, Janice J. Szczesny 340 Locust Lane, David R. Szczeny, 340 Locust Lane, Richard H. Frederick, 385 Cottage Place, Debra Soto, 165 Locust Lane, Anthony Soto, 165 Locust Lane, Rita Costello Cohen, 56655 Main Road, and Albert Cohen, 56655 Main Road, nearby residents. 9. I have located the property of the petitioners by tax map and calculated the areas of their properties in relation to Town Law section 265 to determine whether or not the requirements for Town Law section 265 are met. Depending upon the interpretation of Town Law section 265, lot number 17 may or may not be included. I have calculated lot areas, including lot 17 and excluding lot 17. My conclusions are as follows. 10. Under Town Law 265(b), the calculation of the percentage of land of those ,,immediately adjacent" land owners that protested and that lies within a 100 foot radius of the proposed rezoning, including lot 17, is 36.7% This is greater than the 20% required. That calculation was derived by calculating the total area within the 100 foot radius of the property that is subject to the rezoning, which is 62,471 square feet; then calculating the total lot area contained in the lots of immediately adjacent property owners who are protesting (Lots 17, 18, and 26) which is 22,943 square feet; and finally calculating what percentage 22,943 is of 62,471, which is 36.7%. The first test under Town Law section 265 (b) is met. Thus, a three fourth or super majority or five votes of the Town Board is now required to change the zone. 11. Assuming that lot 17 is not included in the term ,,immediately adjacent", 30.4% of the lot area of ,,immediately adjacent" land owners is within 100 feet. This exceeds the 20% figure required. Thus, the test is met again. That calculation was derived as follows. First the total area within the 100 foot radius surrounding the area proposed for a zone change was calculated at 56,775 square feet. Then the total area of land for those who signed the protest petition was calculated (lots 18 and 26) at 17,247 square feet. Then, it was determined what percentage 17,247 was of 56,775, which is 30.4%. This exceeds the 20% figure required. Thus, the first test under Town Law section 265 (b) would be met. Once again, a three fourth majority or five votes of the Town Board is now required to change the zone. 12. Under Town Law section 265 (c), the calculation of the area of land for those who signed the protest petition who are ,,directly opposite" the property proposed to be rezoned is 31.1% which is in excess of the 20% needed for a proper protest petition. That figure was derived as follows. First the total area within the 100 foot radius of land opposite the subject site was calculated, which is 70,392 square feet. Then, the total area of land owned by property owners who signed the protest petition and were directly opposite the land to be rezoned was calculated including lots 15, 35, and 36 which was 21,890 square feet. Then, it was determined what percentage 21,890 was of 70,392, which is 31.1%. 13. As shown in the above calculation, Town Law section 265 (c) is met. As such, a three-fourths majority of the Town Board members, which would be 5, is required to change the zone. 14. In summary, both testS for compelling a three-fourths majority of the Town Board to change the zone for Mullen Motors are met. Five affirmative votes of the Town Board are now needed to change the zone. entitled, Areas of Lots to Compel a Super Majority" dated June 18th, prepared by Northstar Surveying, Abstentions do not count toward this figure. A certain map ,'Radius Map of Property Surrounding Mullen Property Showing 1998 PC is made a part hereof for illustration purposes. Respectfully submitted, Marc E. Charest, LS ~ Sworn to before me this day of June, 1998. Notary Public GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 TO: FROM: DATE: SUBJECT: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM BOB KASSNER, PLANNING GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ASSISTANT TOWN ATTORNEY~ JUNE 2, 1999 MULLEN REZONING APPLICATION WHEN WE LAST SPOKE (LAST WEEK) YOU INDICATED THAT THE PLANNING BOARD WISHED TO REVIEW MR. VOORItIS'S REVIEW OF THE APPLICANT'S PART II1 EAF BEFORE ISSUING INFORMATION. PLEASE FIND ATTACHED MR VOORHIS'S REVIEW DATE D MAY 24, 1999. KINDLY DISREGARD IF SAME HAS BEEN PREVIOUSLY SENT BY THE CLERK' S OFFICE. THANK YOU FOR YOUR ATTENTION TO THIS MATTER. EUZABET. A. NEVILLE. TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 Phone: 516-765-1800 DATE / ~ MULLEN MOTORS, INC. RT. 25 SOUTHOLD, NY 11971 41921 PAY TO THE ORDERC DOLLARS NORTH Ms. Betty Neville, Town Clerk Southold Town Board Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 NELSON~ POPE & VOORHIS~ LLC CHARLESJ VOORHIS, CEP, AICP' ARTHUR J KOERBERPE 'VINCENT G DONNELLYPE · VICTOR BERT, RE · JOSEPH R EPIFANIA, PE · ROBERT G NELSON.JR, PE · CHRISTOPHER W ROBINSONPE May 24, 1999 RECEIVED Soul'old Town Re: Review of EAF Part III Richard F. Mullen III and William Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 NP&V Job No. 97208 Dear Ms. Neville: As per the request of the Southold Town Board, (as SEQRA-designated Lead Agency) we have completed a review of the above-referenced document. This review is intended to: 1) examine the EAF Part III for completeness with respect to the items presented in the September 10, 1998 review (attached); 2) comment on the responses provided by the Applicant, and; 3) provide recommendations to the Board regarding environmental issues and compliance. It should be noted that as this application has been classified as a Type I action, a Conditioned Negative Declaration (CND) is not allowed. That is, it is not possible for the Lead Agency to issue a Negative Declaration on the application, with an accompanying list of conditions which the Applicant must first satisfy. As a result, only a Negative Declaration or Positive Declaration is allowed. The EA~ Part III generally addresses those items referenced in the September !0, 1998 correspondence from this office with respect to visual impacts, cutting of trees on the property, land use conflicts and traffic. However, the document leaves some questions incompletely addressed in regard to growth-inducing aspects, traffic (parking), and aesthetic impacts (lighting). The traffic engineering examination prepared for the EAF Part III by Dunn Engineering Associates P.C clearly demonstrates that the Mullen Motors dealership has a deficit of parking. The on-site parking supply occasionally does not meet the demand for customer and employee parking, vehicle storage and cars stored prior to servicing. The study indicates that there are times when vehicles are parked on the adjacent site. Increasing on-site parking will address this existing demand. There is no increase in the parking demand and no additional outdoor storage and sales area as a result of this application. Mullen Motors EAF Part IH Review NP&V No. 97208 After review of the balance of the EAF Part III provided by the Applicant, this office recommends that acceptance of the document be held in abeyance pending provision of additional details in the below-listed areas. The reviewer acknowledges the effort taken by and on the behalf of the Applicant to provide the Lead Agency with specific information in regard to the planned project, as well as to provide mitigation measures, which will alleviate impacts. However, in consideration of the quality of life issues involved in this application, we recommend that the Board consider obtaining specific details in certain matters, as follows: What, if anything, is the Applicant planning to do about the reduction in parking space available for Colonial Ccrner patrons ? At present, ,h~ lo, to be converted to Mullen Motors parking is presently used for overflow parking for Colonial Comers, as Colonial comers has insufficient parking. Specify the planned height of the new lighting poles, as well as any design or operation measures taken in this matter which would reduce or eliminate potential impacts to the adjacent residences from fugitive lighting. (e.g., reduced lighting intensity, reduced number of lighting fixtures, reduced hours of lighting, shrouds, reoriented lighting direction). · Specify the minimum height and/or dian~eter at breast height (dbh) for the 5 new street trees on Locust Avenue, to replace thc 5 large trees that were cut down. Is the Applicant willing to agree to a number of Covenants and Restrictions (C&R's) in regard to the traffic and operation of the facility? If so, following are suggested C&R's: 1. No access to Locust Avenue from the new parking lot. 2. No Certificate of Occupancy for the new parking lot until all landscaping, lighting, drainage systems, etc. are completed, for both parking lots. 3. Cessation of the existing auto storage, parking, and outdoor repair work along west side of the Mullen Motors building. 4. No test driving by Mullen employees on residential side streets in the vicinity. 5. No parking, nnloadil,g/Ioading, or ~sc ¢,f side strcct~ in thc vic~.niLx by trucks related to Mullen Motors. 6. Limitations on the hours when such deliveries are allowed, to 8AM-5PM, weekdays. To provide additional parking mitigation in the vicinity, and to further protect the "rural feel" of the Town, the Town could install "No Parking" signs on Cottage Place along the Mullen Motors property, as well as on the south side of Main Road along the frontage of site. In regard to the potential for impact if the Colonial Corners site is redeveloped, the EAF Part III states: The applicant acknowledges that there has been speculation that Mullen Motors' intention is to expand onto the Colonial Corners property. However, Mullen Motors has Page 2 Mullen Motors EAF Part IH Review NP&V No. 97208 no currant plans for expansion. If, at sometime in the future, business demands were such that an expansion was contemplated, the applicant would be required to file the appropriate applications with the Town of Southold and would be subject to environmental review pursuant to 6 NYCRR Part 6127. As indicated in The SEQRA Handbook (NYSDEC 1992, page 22), review of the impacts of future actions are not required if such actions are speculative, may not occur, and are functionally independent of each other (pg. 22). The Applicant is not contemplating redevelopment of the Colonial Corners site at this time. When and if such action is taken, the required application would be based upon a specific Site Plan and would require a separate, full review under SEQRA. As a CND is not an option, the proposed C&R's must be incorporated into the actual project, if a Negative Declaration is to be supported. In this way, the concerns of the community will be addressed, while the community and Applicant will benefit from the improved operations on the project site. The project will address the current insufficiency of parking on the adjacent Mullen Motors property, while the proposed landscaping and prohibition of access to Locust Avenue will mitigate aesthetic impacts for the adjacent and nearby residences. If implemented in conformance with Town standards and the accompanying C&R's, the proposed lighting would not significantly impact the adjacent residences. Therefore, the proposed project is not anticipated to result in significant adverse environmental impacts, and in fact would represent a significant improvement in the overall environmental quality of the operation now present on the site. If there are any new or unsatisfied concerns of the Town Board, the option to issue a Positive Declaration remains, followed by the preparation of a Draft EIS. However, as indicated above, the EAF Part III adequately addresses the majority of the environmental and planning concerns of the Town, requiring only a small amount of specificity in regard to certain issues to be deemed complete. Please advise if you wish further assistance in the preparation of a Determination of Significance. Thank you for the opportunity to provide you with this review, and please call if you have any questions. Very truly yours, C att Page 3 GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY ToWN OF SOUTHOLD MEMORANDUM BOB KASSNER, PLANNING GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ASSISTANT TOWN ATTORNEY---/v~.~ MAY 18, 1999 MULLEN REZONING: PLANNING BD RECOMMENDATIONS 1 spoke with Betty Neville and 1 reviewed the clerk's file on the above and there is no Planning Board report or recommendation on the Mullen rezoning in the file. As you suggested, this application could be placed on the work session agenda for next week. Enclosed you will find the EAF Part III performed by Mr. Mullen's consultants and related correspondence which may helpful in the review if not already in possession of the Planning Department. Kindly note that the Part IH EAF is our only copy. Thank you for you help with this matter. GREGORY F. YAKABOSKI ToWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 FO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM BOB KASSNER, PLANNING GREGORY F. YAKABOSKi, ESQ., TO~'N ATTORNEY ]1~ MARY C. WILSON, ASSISTANT TOWN ATTORNEY~/~ MAY 18, 1999 MULLEN REZONING: PLANNING BD RECOMMENDATIONS I spoke with Betty Neville and I reviewed the clerk's file on the above and there is no Planning Board report or recommendation on the Muilen rezoning in the file. As you suggested, this application could be placed on the work session agenda for next week. Enclosed you will find the EAF Part Ill performed by Mr. Mullen's consultants and related correspondence which may helpful in the review if not already in possession of the Planning Department. Kindly note that the Part III EAF is our only copy. Thank you for you help with this matter. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 12, 1999 Stephen R. Angel, Esq. Esseks, Hefter & Angel Counselors At Law 108 East Main Street Post Office Box 279 Riverhead, New York 11901 Dear Mr. Angel: In accordance with Chapter 4~I, Environmental Quality Review, of the Code of the Town of Southold, the Town Board has engaged the services of Nelson, Pope, £ Voorhis Consultants to review the EAF Part III submitted by you on behalf of Richard F. Mullen, III and William Mullen with respect to their petition for a change of zone. The cost of this review is $1,400.00 and must be paid prior to the consultant commencing their work. Please send a check in the amount of $1,q00.00, payable to the Southold Town Clerk, at your earliest convenience so we may proceed with processing the petition. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DA TE: SUBJECT: ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MAY 18, 1999 RETURN OF TOWN CLERK'S FILES: NYS V. TOWN MULLEN, RICHARD & WILLIAM CR48 CORRIDOR LAND USE STUDY I am returning the above-referenced files and requesting that a copy be made today, if possible, of the pages noted by markers in the CR 48 Corridor Land Use Study file for Bruce Anderson who will be picking them up late this afternoon. Thank you in advance. GFY:ck Att. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER i{E( OllDS MANAGEMENT OFFICI£I{ FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Mare Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN ()~ SOU l 14(31~D THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 11. 1999: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Nelson, Pope, E- Voohris, LLC at a cost not to exceed $1,t~00.00, to review the Long Environmental Assessment Form with respect to the petition of Mullen Motors for a change of zone; said review to include applicant's Part III, drafting of a proposed declaration, including a field inspection; arid also a review of the traffic memorandum. Southold Town Clerk May 11. 1999 MAY-10-1999 14:22 NELSON ~ POPE,LLP 516 42? 5620 P.02×02 NELSON, POPE & VOORHIS, LLC 572 Walt Whitman Road MelviLle, New York 11747 (516) 427-5665 Fax: (516) 427-5620 Facsimile Cover Sheet Company: Phone: Fax: FROM: Date: No. of Pages (including cover): Comments: TOTAL P.02 NEI..SON, FI~..1FIE & VOORHI6, I. LC Betty Neville~ Town Clerk Town of Southold Town Hall, 53095 Main Road P~O. Box 1179 Southold, New York 11971 May 10, 1999 Dear Ms. Neyille: As per your request, this lettex provides you wkh a proposal for services in connection with the above referenced project. We have received a copy of the Part III EAF dated April 1999 directly from thc applicants attorney. The'document responds to the NP&V review letter dated September 10, 1997 and Contains technicai information pertaining to land' use, growth inducing aspects, visual resources, tree cutting, traffic impacts and aesthetics and noise. The fee, for technical review oft_his Part III submission is $1,400.00. Included with this is a detailed .letter outlining the adequacy and as;curacy of the information submitted, to assist the Board in reaching a determination of significance on this project. Also included is r~view of thc traffic memorandum prepared by'Dunn Engineerl, g. by a traffic professional.on our staff. Thank 'you for the °PponUni~y to provide you with this proposal, and please do not hesitate to contact me should you have any questions. TOWN AT]',.);:!t,ji:', - "? ' . Very truly yours, MRY-10-1999 14=22 NELSON & POPE,LLP ~lo ~ ¢o~ r.u~/u~ NELSON, POPE & P'OORHIS, LLC $72 Walt Whitman Road Melville, New York 11747 (516) 427°5665 Fax: (516) 427-5620 Facsimile Cover Sheet TO: Company: Phone: Fax: FROM: Re: Date: No. of Pages (including cover): Comments: TOTAL P.02 RECEIVED So~lhold Town Cler~ Hand Delivered E$seks, HefTer & ANGel COUNSELORS AT LAW 108 EAST ~V1AIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901 0279 <516) 3691700 TELECOPIEF~ NUMBER (~16) 369 2065 April 22, 1999 P. O. Box 570 (516) 726 6633 Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 Re: Application for change of zone made by Richard F. Mullen, III and William Mullen involving property SCTM No. 1000-62-03-22.1 and 24.1 Dear Ms. Neville: We represent Richard F. Mullen, III and William Mullen in connection with the above-captioned zone change application. We have replaced their former attorney, Jennifer B. Gould. In the Summer of 1997, the Mullens made application to change the zoning classifications of the parcels referred to above from HB and R-40, their current classifications, to General Business-B. As part of its review of the application under the State Envirolunental Quality Review Act ("SEQRA"), the Town Board retained the rum of Nelson, Pope & Voorhis, LLC, to review the Mullens' Environmental Assessment Form ("EAF"). Charles J. Voorhis, of Nelson, Pope & Voorhis, sent two letters to the Town Board regarding the EAF. In the second letter, which was dated September 10, 1997, Mr. Voorhis recommended the preparation of"a full EAF Part III" by the Mullens. This recommendation was adopted by the Town Board at its September 30th work session. On October 3, 1997, the Town Clerk informed the Mullens' prior attorney that the Town Board requested a full EAF Part III. E$SEKS, HEFTeR & ANGEL COUNSELORS AT LAW In conformance with this request, we are delivering four copies of an EAF Part III prepared for Richard F. Mullen and William Mullen by Freudenthal & Elkowitz Consulting Group, Inc., with addenda from Araiys Design, L.A., P.C., Landscape Architects, and Dunn Engineering Associates. We have taken the liberty of forwarding a copy of the report to Mr. Voorhis. I respectfully request that you place our clients' application on the Town Board's agenda for consideration at the next available oppommity, and inform me of the date and time. Of course, should you need additional copies of the reports or any additional information, do not hesitate to contact me. SRA:mb Enc. cc : Charles J. Voorhis Nelson, Pope & Voorhis, LLC Via Federal Express w/enc. Res~cffu!ly yours,,, 'i S~EPH~N R. ANGEL Richard F. Mullen, III and William Mullen Mullen Motors Theresa Elkowitz Freudenthal & Elkowitz Consulting Group, Inc. Timothy A. Rumph, R.L.A. Araiys Design, L.A., P.C. Richard A. Strang, P.E. Dunn Engineering Associates RECEIVED APR 5 Southold Town E$$ek$, HEFTER & ANGEL COUNSELORS AT LAW RIVERHEAD, N,Y. 11901-0279 April 22, 1999 Hand Delivered Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 Re: Application for change of zone made by Richard F. Mullen, III and William Mullen involving property SCTM No. 1000-62-03-22.1 and 24.1 Dear Ms. Neville: We represent Richard F. Mullen, III and William Mullen in connection with the above-captioned zone change application. We have replaced their former attorney, Jennifer B. Gould. In the Stunmer of 1997, the Mullens made application to change the zoning classifications of the parcels referred to above from HB and R-40, their current classifications, to General Business-B. As part of its review of the application under the State Environmental Quality Review Act ("SEQRA"), the Town Board retained the firm of Nelson, Pope & Voorhis, LLC, to review the Mullens' Environmental Assessment Form ("EAF"). Charles J. Voorhis, of Nelson, Pope & Voorhis, sent two letters to the Town Board regarding the EAF. In the second letter, which was dated September 10, 1997, Mr. Voorhis recommended the preparation of"a full EAF Part III" by the Mullens. This recommendation was adopted by the Town Board at its September 304 work session. On October 3, 1997, the Town Clerk informed the Mullens' prior attorney that the Town Board requested a full EAF Part III. E$$EKS, HEfTeR ,~ ANGEL COUNSELORS AT LAw In conformance with this request, we are delivering four copies of an EAF Part III prepared for Richard F. Mullen and William Mullen by Freudenthal & Elkowitz Consulting Group, Inc., with addenda from Araiys Design, L.A., P.C., Landscape Architects, and Dunn Engineering Associates. We have taken the liberty of forwarding a copy of the report to Mr. Voorhis. I respectfully request that you place our clients' application on the Town Board's agenda for consideration at the next available opportunity, and inform me of the date and time. Of course, should you need additional copies of the reports or any additional information, do not hesitate to contact me. SRA:mb Enc. CC : Charles J. Voorhis Nelson, Pope & Voorhis, LLC Via Federal Express w/enc. Res~ctfully yours, Richard F. Mullen, III and William Mullen Mullen Motors Theresa Elkowitz Freudenthal & Elkowitz Consulting Group, Inc. Timothy A. Rumph, R.L.A. Araiys Design, L.A., P.C. Richard A. Strang, P.E. Dunn Engineering Associates PART III - ENVIRONMENTAL ASSESSMENT FORM RICHARD F. MULLEN IH AND WILLIAM MULLEN MAIN ROAD, SOUTHOLD, NEW YORK Prepared for: Messrs. Richard F. Mullen III and William Mullen c/o Esseks, Hefter & Angel 108 East Main Street Riverhead, New York 11901 Prepared by: Freudenthal & Elkowitz Consulting Group, Inc. 368 Veterans Memorial Highway Commack, New York 11725 (516) 499-2222 April 1999 RECEIVED APR 2 5 1999 Southola Iown Cle~ PART III - ENVIRONMENTAL ASSESSMENT FORM RICHARD F. MULLEN III AND WILLIAM MULLEN MAIN ROAD, SOUTHOLD, NEW YORK PROJECT LOCATION: APPLICANT: LEAD AGENCY: PREPARER & CONTACT: Approximately 1.2484 acre parcel Southwest comer of Main Road (NYS Rt. 25) and Locust Avenue, Town of Southold Suffolk County, New York Messrs. Richard F. Mullen III and William Mullen c/o Esseks, Hefter & Angel 108 East Main Street Riverhead, New York 11901 Contact: Stephen R. Angel, Esq. (516) 369-1700 Town Board of the Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Contact: Elizabeth A. Neville, Town Clerk (516) 765-1800 This Part III Environmental Assessment Form was prepared by: Freudenthal & Elkowitz Consulting Group, Inc. 368 Veterans Memorial Highway Commack, New York 11725 Contact: Theresa Elkowitz (516) 499-2222 and Araiys Design, L.A., P.C. 33 Main Street Southampton, New York 11968 and Dunn Engineering Associates 66 Main Street Westhampton Beach, New York 11978 DATE OF PREPARATION: April 1999 PART II1 - LONG ENVIRONMENTAL ASSESSMENT FORM RICHARD F. MULLEN III AND WILLIAM MULLEN MAIN ROAD, SOUTHOLD, NEW YORK Introduction ................................................ 1 Project Description ........................................... 5 Land Use Conflicts and Growth Inducing Impacts within the Area ..... 8 Visual Impacts ............................................. 12 Cutting of Trees ............................................ 14 Traffic Impacts ............................................. 15 Aesthetic and Noise Impacts ................................... 16 Figure 1 - Site Location Map ............................... 4 Appendix A - Appendix B - Appendix C - Appendix D- Appendix E - Proposed Site Plan September 10, 1997 Correspondence from Nelson, Pope & Voorhis, LLC Photographs Renderings Traffic Study This document is a Part III - Environmental Assessment Form (EAF) that has been prepared to evaluate the environmental impacts associated with the proposed change of zone of a 1.2484 acre parcel from Hamlet Business (liB) and Low Density Residential (R-40) to General Business (B). The subject property is situated on the southwest comer of New York State Route 25 (Rt. 25) and Locust Avenue, hamlet of Southold, Town of Southold, New York (see Figure 1 - Site Location Map). The application for a change of zone has been filed by Richard F. Mullen III and William Mullen who are contract vendees of the subject property which abuts the existing Mullen Motors car dealership. The northem portion of the subject property, zoned HB, is developed with five buildings comprising Colonial Comers (see Site Plan in Appendix A). Although the proposed action will change the zoning on this parcel from HB to B, no changes to Colonial Comers are proposed. In fact, the only physical changes proposed to the subject property consist of the development of a paved and landscaped parking area on the vacant southern portion of the property (zoned R-40) to address the parking needs of Mullen Motors. Thus, this Part III - EAF will address the proposed change of zone and development of a paved and landscaped parking area at the southern segment of the subject property. As no changes to the northern segment of the property housing the Colonial Comers development are proposed, no further discussion of this section of the property will be provided in this Part III - EAF. The applicant acknowledges that there has been speculation that Mullen Motors' intention is to expand onto the Colonial Comers property. However, Mullen Motors has no current plans for expansion. If, at sometime in the future, business demands were such that an expansion was contemplated, the applicant would be required to file the appropriate applications with the Town of Southold and would be subject to environmental review pursuant to 6 NYCRR Part 617. As indicated in The SEQR Handbook (NYSDEC 1992, page 22), review of the impacts of furore actions are not required if such actions are speculative, may not occur and are functionally independent of each other (p. 22). Consideration of the impacts of changes to Colonial Comers or expansion to Mullen Motors is not appropriate at this time as: There is no proposed plan for changes to the Colonial Comers development nor is an expansion of Mullen Motors to the Colonial Comers property proposed. Thus, such actions are, at best, speculative; Changes to Colonial Comers and/or the expansion of Mullen Motors may never occur; and Any changes that may be proposed to Colonial Comers or Mullen Motors in the future are functionally independent of the proposed action. Furthermore, any future actions that may be proposed would require environmental review pursuant to 6 NYCRR Part 617. 2 With the above understanding, this Part III - EAF will specifically address those environmental issues raised by the Town of Southold, via correspondence from its consultant, Nelson, Pope & Voorhis, LLC (NPV) dated September 10, 1997 (see Appendix B). These issues are as follows: Project Description; Land Use Conflicts and Growth Inducing Impacts within the Area; Visual Impacts; Cutting of Trees; Traffic Impacts; and Aesthetic Impacts including Noise. 3 Mag 15.00 Tue Apr 06 15:02 1999 Scale 1:15,625 (at center) ~ 1000 Feet 500 Meters Local Road Primary State Route Railroad Geographic Feature Park/Reservation Population Centar Lake Land Water Woodland Figure 1 Site Location PROJECT DESCRIPTION As described in the Introduction of this Part III - EAF, the project sponsor is proposing a change of zone ora 1.2484 acre parcel fi.om Hamlet Business (I-lB) and Low Density Residential (R-40) to General Business (B). The northern segment of the subject property will remain as it currently exists (i.e., with the Colonial Comers office/retail development in tact). Thus, the only physical alterations planned are to the southern portion of the property where the applicant is proposing to construct a paved and landscaped parking area. As previously described, the subject change of zone application has been made by Messrs. Richard and William Mullen, operators of Mullen Motors, which is situated immediately to the west of the subject property. Messrs. Mullen are proposing this action as Mullen Motors has been experiencing parking problems at its dealership which has caused patrons and others to park their cars on the street, particularly on Cottage Place. To address the existing parking demands, Messrs. Mullen have entered into a contract to purchase the adjoining property to the east so that the vacant southern portion can be improved as a parking lot which will adjoin its existing parking lot. As indicated on the site plan included in Appendix A, the new parking area will provide 36 parking spaces for Mullen Motors. In addition to developing an additional parking area to address the needs of Mullen Motors, the applicants are also proposing to enhance aesthetic conditions through the installation of landscaping at both the new and the existing parking areas. It is important to note that no expansion of the actual Mullen Motors buildings or operations associated therewith are proposed. The new parking area is being planned solely to address an existing parking problem and to ensure that adequate employee, patron and automotive inventory parking is provided such that those destined to Mullen Motors will not be forced to park on the street. Currently, Mullen Motors has a 41 space parking lot to the south of its buildings which is not sufficient to meet existing parking demands. 5 Approximately 0.87 acres of the subject site are developed with approximately 0.6 acres consisting of roads and buildings and approximately 0.27 acres comprised of landscape vegetation. The remaining approximately 0.38 acres are vegetated with trees (some of the mature trees have been cut, which will be discussed later in this Part IH - EAF), grasses and weedy species. Construction of the proposed parking lot will result in a modification of approximately 0.31 acres of vegetated area to paved parking area. Leaching pools will be installed in the new parking lot to handle runoff from the paved area. Lighting will be installed for security purposes, however, the fixtures will have sharp cut-off angles to prevent intrusion into the residential areas. As part of the parking lot development, significant landscaping is proposed, especially on the southern segment where the parking area will adjoin residential dwellings. As indicated on the plan included in Appendix A, a 25 foot buffer is proposed along the south side of the parking area. A berm of approximately three feet in height will be constructed within this buffer, and the area will be planted with evergreens ranging from approximately 7 to 8 feet in height. Shrubs will also be planted. This landscaped buffer and berm will continue along the east side of the proposed parking area and will be planted with trees and shrubs. The buffer and berm will also continue along the southwestern property line, and landscaped islands will be installed at the interior of the proposed parking lot. As the proposed parking lot will have access to the existing parking area to the south of the Mullen Motors facility (i.e., Suffolk County Tax Map No. 1000-62-03-19 containing 41 spaces), landscaping is also proposed along the southern property line of the existing parking area. Specifically, a row of evergreen trees ranging from 7 to 8 feet in height will be installed, and evergreen groundcover will be planted at the southwest comer of this parking lot. A landscaped island (evergreen groundcover) will also be installed at the west side of the existing parking lot along Cottage Place. Thus, the proposed action will not only include landscaping for the parking area to be constructed but planting will also be installed in the existing parking area. 6 The only access to the new parking lot will be fi.om the existing parking area to the south of Mullen Motors. No ingress or egress will be permitted to or fi.om Locust Avenue. Furthermore, a six foot stockade fence will be maintained between Colonial Comers and the proposed parking area. Thus, implementation of the proposed action will increase the amount of off-street parking available to Mullen Motors and its patrons fi.om 41 spaces to 75 spaces thereby addressing the shortage of parking. In addition, to maintain and improve aesthetic quality, substantial buffer landscaping and landscaped islands will be installed. The buffer landscaping will screen the view of the parking area fi.om proximate residential dwellings. 7 LAND USE CONFLICTS AND GROWTH INDUCING IMPACTS WITHIN THE AREA In its September 10, 1997 correspondence, NPV indicated that, "the primary concern associated with the proposed project is the potential for land use conflicts between the proposed project and adjacent residential uses." However, NPV's letter goes on to state that "the potential conflicts of the proposed project can be minimized through limitations on signage and lighting, appropriate setbacks, buffers and landscaping, and use of traditional building design for any new structures." The subject properly is situated within two zoning districts: the northern segment is zoned HB, and the southern segment is zoned R-40. The northern portion of the property is developed with five retail/office buildings comprising Colonial Comers, and the southern portion is undeveloped. Immediately adjoining the subject property to the west are Mullen Motors and it associated parking. The property on which the Mullen Motors buildings are situated is zoned B, and the parking lot to the south is zoned R-40. Further to the west along Main Road (across Cottage Place) is a parking lot utilized by Mullen Motors that is zoned B followed by a property zoned HB. To the east of the Colonial Comers property across Locust Avenue is a parcel housing a 7-Eleven which is zoned B followed by a parcel with HB zoning. On the north side of Main Road across from Mullen Motors and Colonial Comers are various properties zoned HB. Thus, zoning along Main Road in the vicinity of Mullen Motors is a mix of B and HB with property to the south thereof zoned R-40. The utilization of R-40 zoned property as a parking area for Mullen Motors has previously been considered and approved by the Town of Southold. Specifically, on April 2, 1997, the Town of Southold Board of Appeals granted a variance to permit the area immediately to the south of the Mullen Motors buildings (i.e., Suffolk County Tax Map No. 1000-62-03-19) be used as a parking lot for Mullen Motors and determined that: the use proposed [i.e., parking in an R-40 zone to serve the Mullen Motors facility] is not inconsistent with the general purposes of the intent of zoning; 8 (b) the circumstances are unique; (c) the accessory use applied for will not alter the essential character of the neighborhood; (d) the use will not prevent the orderly and reasonable use of this district or adjacent use districts; (e) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by this use; 69 the interests of justice will be served by allowing the variance, as conditionally noted below. The conditions set forth in the variance approval include: 1. Fence must meet current code restrictions for a maximum height of four feet along the front yard property lines, unless application is made separately for additional relief. 2. The approved parking area is restricted only to the residentially zoned portion. 3. Planning Board site plan approval... Thus, the Town of Southold, through its Board of Appeals, previously determined that the use of R-40 zoned property, adjoining residentially-developed R-40 zoned property, would not result in significant adverse impacts. 9 Regarding the current application, NPV indicated that because the subject property borders residential properties and there are several narrow side streets in the immediate area, potential land use conflicts between residential and commemial uses exist. There are several factors inherent to this application that address these concerns and mitigate the potential for such conflicts. Although the application consists of a change of zone for the Colonial Comers property, the only physical modification associated with this application is the development of a parking area to the south of Colonial Comers. No building demolition or alteration is proposed to the structures comprising Colonial Comers. Second, the proposed action is not an expansion of the Mullen Motors car dealership, and no new structures are proposed. The main purpose of this action is to create an additional off-street parking area to address the existing parking needs of the dealership so that patrons will not be fomed to park on the street. Additionally, as discussed in the Project Description section of this Part III - EAF, berming and substantial landscaping are proposed to screen the view of the parking area from proximate residential uses. Landscaping is also proposed along the southern border of the existing parking lot to enhance aesthetic quality. Lighting to be installed will have sharp cut-off angles to prevent intrusion onto adjoining residential properties. Furthermore, no additional access to area roadways are proposed. The only access from the new parking area will be from the existing parking area to the south of the Mullen Motors dealership. 10 With regard to growth inducement (i.e., the potential for granting of the change of zone to encourage additional requests for B zoning), the granting of this action would not be precedent setting nor is it likely to encourage requests for additional zone changes fi.om HI3 and/or R-40 to B. The primary reason for this change of zone request is to allow for additional parking for an existing car dealership that has been in this area of the Town of Southold for over 70 years. With regard to the HB parcel on which Colonial Comers is situated, the change of zone to B would conform with the existing developed parcels to the east and west which are already zoned B. Furthermore, the existing use of the Colonial Comers site is permitted in the B zone, thus, the proposed action would not result in the creation of non-conforming uses. With regard to the southern segment of the property which is zoned R-40, while the property to the west is also zoned R-40, a variance was previously granted that allows the parcel to be used for parking for Mullen Motors. Review of the zoning map and inspections of properties along Main Road do not indicate that there are sites/uses with analogous circumstances (i.e., a change zone on a property along Main Road that is zoned HB and is situated between two properties zoned B; a change of zone on a property zoned R-40 for use as parking for an established commercial use with a shortage of parking which adjoins a parcel zoned R-40 approved and used for parking for the established commercial use). Thus, the proposed action conforms with the established character of the immediate area. Furthermore, the project has been designed to minimize the potential for land use conflicts through the implementation of mitigation measures including, but not limited to, berming and substantial landscaping; limited access; and sharp cut-offangles on light fixtures. In addition, the granting of the requested change of zone and development of a parking area will not be growth inducing or precedent setting as it does not appear that there are other properties along Main Road in Southold with the same cimumstances. ll NPV's September 10, 1997 correspondence raises the potential for adverse visual impacts "...particularly if the property is used for the expansion of Mullen Motors as proposed." First, the proposed action does not include the expansion of the Mullen Motors dealership. The only physical alteration associated with the proposed action is the construction of a parking area to address current parking needs. No structures are proposed, and no bright lights, banners, pennants or additional signs are contemplated as part of this action. To assess visual impacts associated with the development of the new parking lot, it is important to review the existing visual condition. (As no changes are proposed to Colonial Comers, no assessment of the visual character of this segment of the parcel is conducted). The area to be physically modified is characterized by trees, cut trees and grassy/weedy species. The view of the site fi.om Cottage Place is fi.om across the existing Mullen Motors parking lot. Only glimpses of the area to be modified can be seen (see Photograph No. I in Appendix C). The view fi.om Locust Avenue is of a vacant lot where many mature trees have been cut; this area is not pristine and exhibits signs of disturbance (see Photograph Nos. 2 and 3 in Appendix C). The view from the residences to the south is also of a vegetated lot that is not pristine. 12 To minimize potential adverse visual impacts associated with the activities proposed, berming and landscaping will be installed (see site plan in Appendix A). Specifically, a 25 foot buffer is proposed along the south side of the parking area. A berm of approximately three feet in height will be constructed within this buffer, and the area will be planted with evergreens ranging from approximately 7 to 8 feet in height. Shrubs will also be planted. This landscaped buffer and berm will continue along the east side of the proposed parking area and will be planted with trees and shrubs. The buffer and berm will also continue along the southwestern property line, and landscaped islands will be installed at the interior of the proposed parking lot. Landscaping is also proposed along the southern property line of the existing parking area. Specifically, a row of evergreen trees ranging from 7 to 8 feet in height will be installed, and evergreen groundcover will be planted at the southwest comer of this parking lot. A landscaped island (evergreen groundcover) will also be installed at the west side of the existing parking lot along Cottage Place. To determine the effectiveness of the proposed mitigation upon project implementation, renderings have been prepared by ARAIYS Design, L.A., P.C. (see Appendix D). As indicated on these renderings, the view from Cottage Place will be similar to the existing view except that landscaping will be enhanced on the south and west sides of the existing Mullen Motors parking lot. The view from Locust Avenue is expected to improve as a vegetated berm will be constructed to help screen the proposed lot. As shown in the renderings in Appendix D, the view from the south is also expected to improve as a result of the proposed berming and landscaping. Thus, the proposed action incorporates measures to preserve and enhance the visual quality in the area. As such, the proposed action is not expected to result in significant adverse visual impacts. 13 CUTTING OF TREES As indicated in the Photographs in Appendix C, several large trees on the site have been cut. The applicant did not cut these trees or engage any other party to cut the trees. As previously discussed and indicated in Appendix A, substantial landscaping will be planted as part of the proposed action. The evergreens to be installed will not be seedlings; they will be 7 to 8 feet in height. Street trees will also be planted. Thus, while the project sponsor did not cut or remove trees, the landscaping proposed as part of this action will help to mitigate visual impacts caused by the cutting of trees. 14 As the proposed action does not include an expansion of the Mullen Motors dealership, no additional traffic will be generated. Mullen Motors has indicated that test driving is done on Main Road and patrons are advised not to test drive in the residential neighborhood. As the proposed action includes the development of a parking lot that will help address the shortage of parking which results in parking along Cottage Place, impacts are expected to be positive. To evaluate the traffic issue, a traffic and parking study was conducted by Dunn Engineering Associates which is included in Appendix E. This study concluded, in pertinent part: Based on the analysis and observations of the existing traffic and parMng conditions at the proposed site it is expected that the construction of the new parking field to the southeast of the Mullen Motors property will not cause any adverse traffic impacts. From a traffic engineering standpoint, the parking area will provide for optimum safety of vehicles entering and exiting the new parking lot. After the new parking lot is completed, the vehicles parked on Cottage Place, as well as several of the vehicles parked between the existing Mullen Motors building and Cottage Place will be moved to the newly constructed parking area. This will help to increase safety and roadway efficiency in the area since less vehicles will be parked on Cottage Place after the construction of the parking lot. In addition, the vehicles between the existing Mullen Motors building and Cottage Place will no longer be forced to back out onto Cottage Place which possibly could cause an accident hazard. Based on our findings, it is concluded that, the proposed construction of the 36 car parking area will have no traffic impact on the roadway network and therefore should be approved. 15 AESTHETIC AND NOISE IMPACTS As explained throughout this Part llI- EAF, the only physical changes proposed are associated with the construction of a new parking area to the south of Colonial Comers. Such action will bring vehicles closer to some residences on Locust Avenue and on the north side of Kom Road (i.e., those living closer to Locust Avenue). However, this area will be used for parking only - no service will be performed in this lot. As previously described, to minimize potential adverse aesthetic and noise impacts, berming and landscaping are proposed and lights to be installed will have sharp cut-off angles (see site plan in Appendix A). Furthermore, as the proposed action, if granted, will change the zoning of the parcel to B, the vegetated buffer will be 25 feet which is 10 feet greater than the buffer required for the HB district. As the Colonial Comers property is not proposed to be changed, no adverse aesthetic or noise impacts will be associated with this area. Also, as the Mullen Motors dealership is not proposed to be expanded, no aesthetic or noise impact will result. 16 BIBLIOGRAPHY Nelson, Pope & Voorhis, LLC, Correspondence of September 10, 1997. New York State Department o£Environmental Conservation, The SEQR Handbook. 1992. Town o£ Southold Zoning Code and Map. 17 APPENDIX A -][ JF FREUDENT~=~kL & ELKOW1TZ CONSULThNG GROUP, INC. FREUDENTHAL & ELKOWTrZ CONSULTING GROUP, INC. NI=L.--~ON, POP~ & VOOI:IHIS. LL.~ Nfs. Judith Terry, Town Clerk Southold Town Board Town Hall, 53095 Main Road PO Bdx 1179 Southold, NY 11971 September 10, 1997 RBZEtVED SEP 1 6 1997 So.hold To,,m C~er~ Re.' Supplemental Review of EAF Richard F. Mullen El2 and William Mullen Zone Change Application SCTM No. 1000-62-03-22. I & 24.1 N&P Job No. 97208 Dear Nfs. Terry: ,As per the request of the Southold Town Board, we have completed a supplementary review of' the above referenced zone change. This review is intended to examine current site conditions as a result o£ tree clearing activity, and the review and analyze these conditions, community concerns, and potential impacts in the context o£ the proposed zone change and subsequent use of' the subject site as an expansion of'Mt~llen Motors. We have completed a second field inspection, with particular emphasis on assessing the impact of' the recent cutting of trees along Locust Avenue. In addition, we have reviewed available material concerning community concerns. The primary issues raised by local residents are: I) visual impacts; 2) cutting of trees on the property; 3) land use conflicts and _m-owth inducing impacts with/n the area; 4) traffic impacts; and; aesthetic impacts including noise. This le~er will provide a brief' discussion of' each of' these impacts; however, we believe that the burden should be placed on the applicant to address in detail issues concerning the proposed use of the intended zone change parcel. In addition, local residents have stated that conditions ar the e.,fisdng -Mullen Motors to the west v/olare past site plan approval for bui~ering and use of the employee partdng areas. These issues are separate from the current application, but the Town may wish to address these issues in the conte: of the requested expansion oF Mullen Motors ro the subject parcel. The Board may also wish to have the appropriate branch of Town government further investigate these claims as a separate action. One di~culty in reviewing the action is the lack of s~ecificity with regard to future use of the site. While we understand that the project is for a change of zoning to General Business CB), the ~lullen Change of Z~ne proximity of the site to the residential neighborhood is such that many uses allowed ih General Business may be incompatible with the neighboring community. In addition, the specific aspects of site design including design and layout, setbacks, bufeHng and landscaping, play a major role in impacts and mitigation, lvlany Long Island Towns require conceptual site plans and oP~en get into the level of detail more appropriate for a site plan review, at the time of a change of zone application.. While exact use and design may not be binding at the time of the zone change, detailed review generally results in conditions, or covenants and restrictions regarding use, setbacks, design and buffering that help to minimize impacts. This approach seems appropriate for this project in order to fully understand the potential impacts and mitigation available, particularly in view of the potential land use conflicts. Accordin~y, it is suggested that a concept plan be submitted with supplemental in_Formation outlined in this review The following project summar3/and summary of issues is provided: Project Summary The project site is a 1.2484 acre parcel in the hamlet of Southold, and is located at the southwest corner of NYS Route 25 and Locust Avenue. The northern portion of the site fronting on N'YS Route 25 is zoned Hamlet Business CH~), and the southern portion of the site zoned is Low Densi~ Residential eR-40). The current application is for a change of zoning designation on these two lots to General Business CB). The ex/sting site conditions and zoning are discussed in ~eater detail in the FPP&V review dated July 8, 1997. Mullen Motors, the project sponsor, operates an existing car dealership on the two parcels to the west of the site. The southern R-~0 portion of the site is currently vacant, although the vegetation is partially cleared. The sponsor intends to expand the parking facilities for the existing business onto the southern parcel, as the current parking is inadequate. Auto sales are not permitted within Hamlet Business or Residential zoning districts, and thus rezoning to a General Business designation would be necessary for the proposed use. There are five ex/sting retail structures on the northern H~B portion of the site which are collectively kmown as "Colonial Corners". It is believed that these structures would remain under the current proposal, although the change of zone could permit future removal of the retail buildings and further expansion of the dealership. Land Use Issues As was s~ated in the preliminary review of the EAr Parc I, the primary concern associated with the proposed project is the potential for land use conflicts between the proposed project and adjacent residential uses. The project site has frontage on NYS Route 25, a primary route through the Town of Southold. Commercial development has occurred within individual hamlets along the ~S 25 corridor, and the subject property is located on the eastern border of the hamlet of Southold. The predominant commercial zoning category within the area is Ham/et Business, and the ex/sting Mullen Motors parcels are the only properties in the area which are zoned for General Business. The Hamlet Business zoning on the noah side of ~'NYS 25 is fairly deep, without side streets, and thus the residential lands further to the noah are well buffered. The residential lands to the Mullcn Change of Zane E.&F Rc¥icw south of NYS Route 25 are not as well buffered fi.om the commercial uses. The commercially zoned properties along the south side of the road are only 100 to 300 feet in depth, with residential development abm'ting immediately to the south. In addition, there are several narrow side streets in this area, which help create the potential for land use conflicts between the residential and commercial uses. Local residents have expressed concern that the change of' zone w/Il "compromise the rural character of'the area", and might result in subsequent requests for zoning changes on surrounding properties. Limited land use conflicts might be expected to occur with any commercial use, even under the ex/sting Hamlet' Business. zoning. The proposed e.'cpansion of the car dealersh/p will present a conflict, particularly if the ex/sting Colonial Corners Center were to be removed in the future. The center is traditional.in design and is occupied by several small businesses, and would offer a visual buffer as long as it remains. There are relatively few properties within the Town with a Genera/ Business zoning designation. If additional areas for General Business development are needed within the Town, it is preferable to locate them adjacent to existing General Business parcels as proposed. However, due to the depth of the change of' zone parcel which encompasses the R40 parcel south of the H2B Frontage, the encroachment of' this zoning into residential use areas indicates that the proposed change of zone is generally not consistent with the surrounding zoning (with the exception of the ex/sting General Business zoned Mullen Motors property to the west). The potential conflicts of the proposed project can be minimized through limitations on signaee and lighting, appropriate setbacks, buffers and landscaping, and use of traditional b-uik~ing design for any new structures. M/dgafion as well as alternatives should be explored in order to ensure that land use incompatibility is minimized. Visual Impacts The prelim/nary review also discussed the visual impacts of the proposed rezoning as potentially significant, particularly if the property is used for the expansion o~' Mullen Motors as proposed. Car dealerships are typically characterized by. bright lights, banners, pennants and other advertising methods, as high visibility is preferred. The expanse of' pavement which is generally necessary for a car lot may also detract fi.om the visual quality of an area. These impacts can be partially mitigated through the use of landscape islands, retention of vegetated buffers and li~.hting restrictions, as suggested in the initial NP&v review. Town code already prohibits the use of pennants, canvas banners and most temporary signs, and lighting with/n the General Business district is restricted to the fi.onr th/rd of a lot with poles of. no more than i4 Feet. The required vegetative buffer within the General Business zoning category is 25 feet, which is m-eater than the 15 Foot buffer required within the Hamlet Business district. Covenants could also be placed on the number of cars which could be stored on the site and building design For any new structures. These measures should minimize the visual impact ofth~ prop;sod project. Page 3 Mullen Change of Zone EArl7 Review Traffic Issues Several traffic issues have been raised by local residents in response to the proposed change of zone, although these issues are largely the result of existing land uses in the area and are only indirectly related to the current proposal. Some of the problems identified include test driv/ng by Mullen's Motors customers within adjacent neighborhoods and the partial obstruction of Cottage Place by cars awaiting ser,.4ce at Mullen Motors. Use of local roadways by large trucks has also been cited as a problem, although the majority of trucks probably orig/nate from the existing Hamlet Business uses, particularly the adjacent 7-t 1 store. Mitigation of existing traffic problems on.the Mullen Motors property canbe explored by the Town in conjunction with the applicant;, however, the focus of impact analysis should be on any additional traffic impacts which result from.the change of zone. In fact, it is likely that the proposed expansion would improve conditions along Cottage Place by providing additional parldng areas on the property. A traffic/parldng study would be useful in conjunct/on with the current application to address these issues. Cutting of Tree~ The preliminary review prepared by NP&V recommended that the existing street trees be retained in the southwestern portion of the site. Some of these trees, including large Nor-way spruce trees, were cut without authorization in July 1997. Althoueh these trees were not 300 years old a.s stated by some local residents, they did provide-an important visual buffer between the resident/al area to the south and the commercial strip along NYS Route 25. A subsequent site visit by N'P&V staff showed that the large spruce were approximately 60 to 80 years in age, based on the number of growth rings present, with a max/mum diameter of 32 inches at breast height. It is unclear whether the project sponsor is culpable, but the Town may wish to take action in response to the removal of the trees. Such an action would be separate from the SEQRA process; however, replanting of a vegetated buffer in this area should be made a condition of any site plan approval for a new commercial use. Use or' transplanted older trees, rather than seedlings, would be preferable in order to provide immediate screening. Aesthetics and Noise The increase in intensity of use of the subject parcel would be expected to result in certain cultural impacts including aesthetics issues, light and noise. It is noted however, that many of'these impacts are already present or cound be altered through commercial use of the H~I zoned portion of the site. The operation of the ~'acility will determine the level of impact, and the ability to control or limit such impacts. Barriers are effective in reducine off site transmission of noise, and site plan and zoning controls would be expected to limi~ impacts due to lighting. The general increase in activity may compromise aesthetic qualities of the nearby residential areas, if site use is not properly designed and controlled. Accordin~y, operational as well as desien issues are imoorrant considerations at this stage o f re,Aew. - ' Mu/ten Change of Zone EAF Review Other issues raised by local residents include noise from car alarms and fi-om the serv/ce area, and the possibility of toxic smells from the proposed project. These concerns relate to the proper management of the ex/sting dealership, and would e.,dst regardless of the intended use of the subject property. The change of zone review should address the potential for these impacts to increase or decrease with the expansion of' the facility. The Town consideration of the pending zone change and the desire o£the applicant to expand the subject facility to the adjacent site provides an opportunity to review the overall ope[orions. Both Mullen Motors and the Town may be able to use this as an opportunity to improve compatibility w/th the ex/sting operation, in an effort to have Mullen Motors "be a good neighbor". Based on this review it is clear that the issues involving the pending zone change'are complex and should be carefully considered by the Town Board. As a result, additional environmental documentation is appropriate to explore these issues and provide a basis for a Determination of Si_ma/ficance under the State Environmental Quality Review Act (SEQKA) as well as to assist in reaching an informed decision on the zone change. This should be in the form of a detailed Full Environmental Assessment Form (TAF) Part ITt Narrative to analyze key issues of' the project. The Full EAF Part III (if required) should provide a detailed project description including project construction and operation. The Parr III should be accompanied by a conceptual site plan that would depict the intended use of the change of zone parcel. The topics outlined in this correspondence should be used as a basis for further analysis in the Part ITt Narrative. The document can also serve as a means to seek input from groups or individuals as provided for under SEQRA Part 617.14(c) prior to issuance ora Determination. If Mullen Motors intends to expand the ex/sting building or to demolish the existing center as well as add additional parldng, these actions should be considered as part of the current application ~'ather than under a separate SEQRA review. The EAF would then provide a basis for either a Neeative Declaration if potential impaoxs are either not sigrfificant or are mitigated, or a Positive Dec~aration to require an Environmental Impact Statement (TIS) if there are outstanding impacts that can not be mitigated. A.s an alternative, the Board could consider requiring an lEIS at this time. Such a document could be scoped to include only those key impacts of the project, and would include discussion of mitigation and alternatives. In conclusion, the Town Board has three options for action on the proposed project. The Board 'could deny the proiect based on currently available in.formation. The decision to deny the zone change should be subject to a Negative Declaration, allowing the Board to fulfill their legislative decision on the zone change. The Board could choose to issue a positive declaration and require additional environmental documentation through a Drar~ ElS w/th a lirrdted scope addressing the potential traffic, visual, cultural and noise, and-land use impacts of the proposed chance of zone and expansion of Mullen Motors. Mitigation of these potential impacts should be discussed in derail, and alternative sites explored. Finally, the Board could require a Full EAF Part [II Narrative to analyze key issues, and then utilize this as a basis for a Determination of Sienificance and/or decision on the zone change. The use of Part 1Tr E.4_F is our favored option, as tl~s Page Mullen Change of Zone EAF Review provides the applicant with the opportunity to address key issues and impacts. The document can be used to solicit public input, and will provide a sound basis for the determination of significance. If there are one or more key impacts that are not mitigated, the Board would retain the option to seek a complete Drat'c EIS. W you have any questions or wish. any Further input with regard to this matter, please do not hesitate to call. Very truly yours, NELSON~,POPE.& VOOR.H~S, LLC Charles J/Voorhis, CEP, AICP Page 6 APPEIYDIX C FREUDENTHAL & EIJfOWITZ CONSULTING GROUP, INC. P3a~l~3~l~: View of proposed parking lot area from Cottage Place looking across existing Mullen Motors parking lot. -IL PAtl>iaglZggh2~[ll~: View of proposed parking lot area (right of photograph) looking south along Locust Avenue. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. P~lgr~L~LO~: View of proposed parking area from Locust Avenue. Neighboring properties to the south are visible through vegetation. Ir FREUDENTHAL & ELK0~TZ CONSULTING GROUP, INC. APPENDIX D FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. -( APPENDIX E FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Dunn Engineering Associates, P.C. Consulting Engineers 66 Main Street Westhampton Beach, N.Y. 11978 516~288-2480 516-288-2544 Fax March 29, 1999 Ms. Theresa Elkowitz Freudenthal & Elkowitz Consulting Group, Inc. 368 Veterans Memorial Highway Commack, New York 11725 Re; Mullen Motors Parking Field Expansion S/E Comer Main Road at Cottage Place Town of Southold, New York Dear Ms. Elkowitz: As requested, we have completed our Traffic Engineering Examination of the proposed parking lot expansion of Mullen Motors located on the southeast comer of Main Road (NYS Route 25) and Cottage Place in the Town of Southold, New York. The proposed parking lot will provide 36 additional spaces on the southeast comer of the Mullen Motors properties. It should be pointed out that no plans are being made for an increase in the vehicle stock or in the amount of service done by Mullen Motors. The parking lot expansion is merely to alleviate some of the existing parking problems in the vicinity of the existing Mullen Motors operation. The following sections describe our findings and recommendations. Proposed Parking Lot Expansion It is proposed to construct a 36 car parking lot to the southeast of the existing Mullen Motors facility which is located on the southeast comer of Main Road and Cottage Place in the Town of Southold, Suffolk County, New York. The property is currently vacant and the Suffolk County Tax Map No. is 1000-62-03-24.1. In addition to the proposed parking lot construction, as part of this project, the zoning of the entire property including the existing Colonial Comers area located north of the proposed parking lot, will be changed. Colonial Comers will remain in its existing state and no modifications are planned for the property. Therefore, no additional traffic will be generated by the change of zone of the Colonial Comers property. In addition, the zoning change will not increase the parking requirements for Colonial Comers. At present, a parking lot exists on the south side of the Muilen Motors building and can be seen in Figure 1, Parking Locations. This parking lot is designated Section 2 in Figure 1 and is located to the west of the proposed parking lot expansion. This parking area is utilized by service vehicles as well as employees of Mullen Motors. Z '=1 ~)¥ I 6~L~6 Ms. Theresa Elkowitz March 29, 1999 Page 3 In addition to the parking area located south of the Mullen Motors building an additional parking area is located west of the building on the west side of Cottage Place (Section 1). This parking area contains new and used cars for sale. This parking lot is also used by visitors as well as vehicles that are scheduled for service. In addition to these two main parking areas, vehicles may park on both the east and west side of Cottage Place (Section 4), as well as to the immediate west of the existing Mullen Motors building between the building and Cottage Place (Section 3). Garage doors are present on the west side of this building and vehicles for service or visitors may park facing these garage doors on the west side of the building. In addition to these two parking areas, vehicles may also park on either the north or south side of Main Road (Section 5). Existing Roadways The proposed parking lot expansion will become part of the existing Mullen Motors property which is located on the southeast comer of Main Road and Cottage Place. Main Road is a major east/west New York State Highway facility designated New York State Route 25. In this area, Main Road provides two lanes in each direction with parking lanes on both sides of the road. The average annual daily traffic on Main Road in the vicinity of the site was 8,100 vehicles per day in August 1996. Cottage Place is a north/south local roadway facility. Cottage Place provides one lane in each direction. The intersection of Main Road and Cottage Place is controlled by a stop sign on the northbound Cottage Place approach. Cottage Place terminates at Main Road and continues to the south. Traffic and pedestrian activities at the proposed site were observed during the peak weekday afternoon hours as well as the peak Saturday hours. During these time per/ods the traffic activity on both Main Road and Cottage Place was moderate and no disruptions to traffic were seen in the vicinity of the site. Proposed Parking Lot Construction As stated earlier, it is proposed that a 36 car parking lot southeast of the existing Mullen Motors property be constructed. The purpose of this parking area is to accommodate existing employees as well as vehicles that are about to be serviced by the Mullen Motors Service Center. There is to be no expansion of the existing building or increase in the service area which would generate new demand for parking. It should also be pointed out that no additional traffic will be generated due to the construction of this proposed parking area. No plans are being made for an increase in inventory or for an increase in the amount of vehicles being serviced by the site. Therefore, the parking lot is Ms. Theresa Elkowitz March 29, 1999 Page 4 being built in order to optimize the traffic and safety operations in the vicinity of the site by removing vehicles associated with Mullen Motors that currently park off-site or near the roadways in the area. Capacity Analysis Capacity analyses were performed at the unsignalized intersection of Main Road and Cottage Place. The Highway Capacity Manual "Transportation Research Board Special Report 209, 1994" was utilized. A summary of the intersection capacity analyses for this intersection is contained in Table 1, Capacity Analyses Results. The time periods analyzed were the weekday P.M. peak hour of traffic as well as the Saturday afternoon peak hour of traffic. These capacity analyses were performed for the existing 1999 traffic conditions. Critical MOVement Average Level Location/Movement Gap (pCph) CaPacitY Total Delay of ~cond~) (pcPh) (SecondS) Service NB to WB Left Turn 6.5 46 33 406 358 From Cottage Place NB to EB Right Turn 5.5 15 19 953 892 From Cottage Place Combined NB Approach 61 52 473 458 8.7 8.9 B B WB to SB Left Turn 5.0 4 4 1192 1124 3.0 3.2 A A From Main Road Table 1 Capacity Analyses Results Main Road at Cottage Place It can be seen fi.om Table 1 that either a Level of Service (LOS) A or B exists for the intersection approaches. These levels of service show that the intersection of Main Road and Cottage Place is currently operating under more than adequate conditions. No disruptions to traffic were found on Main Road and no problems are expected for vehicles entering and exiting Cottage Place. It should also be pointed out that no increase in traffic is expected due to the parking lot construction. Ms. Theresa Elkowitz March 29, 1999 Page 5 Parking Occupancy Study As part of this study, a parking occupancy survey was done on a Saturday between 10:00 A.M. and 2:00 P.M. and on a weekday between 12 Noon and 6:00 P.M. The parking occupancy study was divided into five (5) separate areas that translate to the areas found in the previous Figure 1, Parking Locations. It should be noted that vehicles for sale in the parking lots were also counted as part of the parking study. The results of the parking occupancy for a Saturday afternoon revealed that the peak occupancy occurred at 11:30 A.M. when 161 vehicles were present on the site. A breakdown of the number of vehicles parked in each specific section for each half hour time period between 10:00 A.M. and 2:00 P.M. for a Saturday afternoon can be found in Table 2, Saturday Afternoon Parking Occupancy and is graphically represented in Figure 2, Saturday Afternoon Parking Occupancy. Time ZOne I~ 4~~. Total 90 55 9 4 1 159 10:30 A.M. 91 54 8 5 1 159 11:00 A.M. 86 53 8 5 1 153 11:30 A.M. 85 56 12 5 3 161 12:00 Noon 86 51 12 7 2 158 12:30 P.M. 85 47 10 3 0 145 1:00 P.M. 81 49 11 2 0 143 :30 P.M. 84 47 9 4 0 144 2:00 P.M, 85 44 8 3 1 141 Table 2 Saturday Parking Occupancy It can be seen from Table 2 that up to 7 vehicles were parked on Cottage Place in the vicinity of Mullen Motors. In addition, there were up to 12 vehicles parked in Section 3, which is the section between the existing Mullen Motors building and Cottage Place. 0 0 0 0 0 0 0 0 0 selo!qeA Ms. Theresa Elkowitz March 29, 1999 Page 7 The results of the parking occupancy for a weekday afternoon revealed that the peak occupancy occurred at 12:00 Noon when 165 vehicles were present on the site. A breakdown of the number of vehicles parked in each specific section for each half hour time period between 12 Noon and 6:00 P.M. for a weekday afternoon can be fotmd in Table 3, Weekday Parking Occupancy and is graphically represented in Figure 3, Weekday Parking Occupancy. Time ~~ ~ ~ ~ '~' 5 Total 12:00 Noon 94 53 9 6 3 12:30 P.M. 92 44 9 3 0 148 1:00 P.M. 93 49 10 5 2 159 1:30 P.M. 95 49 8 7 1 160 2:00 P.M. 94 50 9 6 I 160 2:30 P.M. 90 51 10 7 0 158 3:00 P.M. 89 49 9 4 1 152 3:30 P.M. 86 50 9 5 0 150 4:00 P.M. 84 48 10 5 0 147 4:30 P.M. 87 49 7 3 1 147 5:00 P.M. 88 48 7 2~ 1 146 5:30 P.M. 85 36 10 0 2 133 6:00 P.M. 89 51 7 ~ 1 1 149 Table 3 Weekday Parking Occupancy It can be seen from Table 3 that up to 7 vehicles were parked on Cottage Place 'in the vicinity of Mullen Motors. In addition, there were up to 10 vehicles parked in Section 3. With the construction of the new parking lot, the vehicles parked on Cottage Place as well as several of the vehicles parked in Section 3 will be moved to the newly constructed parking area. This will help to increase safety and roadway efficiency in the area since less vehicles will be parked on Cottage Place after the construction of the parking lot. In addition, the vehicles in Section 3 of the parking lot currently are forced to back out onto Cottage Place. If these vehicles are moved to the new parking lot they will not be forced to make this maneuver which possibly could cause an accident hazard. selolqeA Ms. Theresa Elkowitz March 29, 1999 Page 9 Therefore, from a traffic engineering standpoint, the construction of the new parking lot should greatly increase the safety and efficiency of the roadways in the vicinity of the site. It should be pointed out that access to the proposed parking area will be provided through the existing parking area located on the south side of the property. Therefore, no additional access drives will have to be constructed onto either Cottage Place or Main Road. Sight Distance Measurements Main Road, in the vicinity of site, is essentially level and no appreciable horizontal curves exist. No sight distance restrictions exist in the vicinity of the intersection of Main Road at Cottage Place. Specifically, the sight distance available to the east of the intersection is approximately 990 feet and the sight distance to the west of the intersection is approximately 620 feet. According to "A Policy on Geometric Design of Highways and Streets", 1990, a report published by the American Association of State Highway and Transportation Officials, the recommended sight distance for a 45 mile per hour design speed road such as Main Road is 400 feet. Therefore, more than adequate sight distance is available to service vehicles at the proposed intersection of Main Road at Cottage Place. Conclusions The proposed parking area will accommodate existing employees as well as vehicles that are about to be serviced by the Mullen Motors Service Center. There is to be no expansion of the existing building or increase in the service area which would generate new demand for parking. Therefore, no additional traffic will be generated due to the construction of this proposed parking area. Based. on the analysis and observations of the existing traffic and parking conditions at the proposed site it ~s expected that the construction of the new parking field to the southeast of the Mullen Motors property will not cause any adverse traffic impacts. From a traffic engineering standpoint, the parking area will provide for optimum safety of vehicles entering and exiting the new parking lot. After the new parking lot is completed, the vehicles parked on Cottage Place, as Well as several of the vehicles parked between the existing Mullen Motors building and Cottage Place will be moved to the newly constructed parking area. This will help to increase safety and roadway efficiency in the area since less vehicles will be parked on Cottage Place after the construction of the parking lot. In addition, the vehicles between the existing Mullen Motors building and Cottage Place will no longer be forced to back out onto Cottage Place which possibly could cause an accident hazard. Based on our findings, it is concluded that, the proposed construction of the 36 car parking area will have no traffic impact on the roadway network and therefore should be approved. Ms. Theresa Elkowitz March 29, 1999 Page 10 If you have any questions or need any further information, please call me. Sincerely, RAS:as L990269 Encl. NEW YORK STATE DEPT OF TRANSPORTATION AVERAGE WEEKDAY HOURLY REPORT AM EASTBOUND 12-1 26 1-2 16 2-3 10 3-4 7 4-5 11 5-6 32 6-7 110 7-8 209 8-9 246 9-10 288 10-11 356 11-12 399 PM 12-1 428 ** 1-2 389 2-3 376 3 -4 357 4-5 356 5-6 328 6-7 262 7-8 222 8-9 159 9-10 128 10-11 86 11-12 53 WESTBOUlqD 28 13 11 8 9 24 86 160 220 259 297 338 328 362 386 414 ** 393 337 268 225 196 158 114 59 ROUTE 25 TUCKER LANE SOUTHOLD ROUTE 114 GREENPORT AUGUST 1996 FILE NAME RT25 070500896 DAILY TOTAL 9,547 EST. AADT 8,100 ** DENOTES PEAK HOUR TOTALS 4,854 4,693 DUNN ENGINEERING ASSOCIATES S,~e Code : 98129 N-S Street: Cottage Place PAGE: 1 E W Street: Route 25 FILE: roucotpm DAY OF WK : Tuesday ~[i~ ............................ Move.ent$ by: Pri.ary DATE: 2/09/99 From North From East From South Prom West Vehicle Begin RT THRU LT RT THRU LT RT T}{RU LT RT THRU LT Total 4:00 PM 0 0 0 0 97 2 3 0 11 5 76 0 194 4:15 0 0 0 0 89 1 3 0 11 8 76 0 188 4:30 1 0 0 0 89 0 2 0 9 7 74 1 183 4:45 0 0 1 0 82 i 4 0 4 3 79 2 176 HR TOTAL 1 0 1 0 357 4 12 0 35 23 305 3 741 5:00 PM 0 1 2 0 74 2 4 0 15 4 82 0 184 5:15 1 0 0 1 68 2 7 1 5 8 62 1 156 5:30 1 0 0 0 49 1 2 0 9 3 52 1 118 5:45 0 0 0 0 56 0 0 0 6 5 54 0 121 HR TOTAL 2 1 2 1 247 5 13 1 35 20 250 2 579 DAy TOTAL 3 1 3 i 604 9 25 1 70 43 555 5 1320 PERIOD ANALYSIS FOR ]7~E PERIOD: 4:00 PM - 6:00 PM DIRECTION START PEAK HR FROM PEAK HOUR FAC~R Right Thru Left Total Right Thru Left 2 1 3 6 33 17 50 East 4:00 PM 0.91 0 857 4 361 0 99 1 South 4:15 PM 0.68 13 0 39 52 25 0 75 West 4:15 PM 0.98 22 311 3 336 7 93 1 North 4:00 PM 0.50 1 0 1 2 East 50 0 50 0-91 0 857 4 361 South 0 99 0-84 12 8 35 47 West 26 0 74 0.99 23 305 3 331 7 92 1 DUNN ENGINEERING ASSOCIATES Site Code : 98129 N S Street: Cottage Place PAGE: E W Street: Route 25 FILE: roucotpm DAY OF WK : Tuesday Movements by: Pri~z~ DATE: 2/09/99 Total ~rning Volumes for the Period: 4:00 PM 5:00 PM 3 305 23 331 Cottage Place 47 0 361 N 0 357 4 ................... RT ~"~RU LT RT T~RU LT Total 11:30 0 0 0 0 76 0 4 0 12 6 91 0 189 11:45 0 0 0 0 88 0 4 1 6 3 99 1 202 HR TOTAL 2 0 0 0 343 2 10 1 29 10 363 1 761 12:00 PM 1 0 0 0 109 1 3 0 9 2 96 1 222 12:15 1 0 0 0 87 2 6 0 6 7 91 0 200 12:30 0 0 0 0 106 1 1 0 4 4 79 2 197 12:45 1 0 0 0 91 2 3 0 8 3 83 0 191 HR TOTAL 3 0 0 0 393 6 13 0 27 16 349 3 810 1:00 PM i 0 0 0 86 0 3 0 3 5 106 1 205 1:15 0 0 0 0 66 1 2 0 9 5 108 2 193 1:30 2 0 0 1 73 1 4 0 5 0 97 0 183 1:45 2 0 1 0 93 0 0 0 5 4 114 0 219 HR TOTAL 5 0 1 i 318 2 9 0 22 14 425 3 800 DAy TOTAL 10 0 1 1 1054 10 32 1 78 40 1137 7 2371 DIRECTION START P~4%K~R ........ VOLUMES FROM PEA/~ HO(/R FACTOR ........ .-.. PERCENTS ... Right Thru Left TOtal Right Thru Left North 1:00 PM 0.50 East 12:00 PM 0.91 0 393 6 399 0 98 2 SOUth 11:30 ~ 0.80 17 1 33 51 33 2 65 Entire Intersection North 11:45 ~4 0.50 2 0 0 2 %100 0 0 East 0.90 0 390 4 394 0 99 1 South 0,83 14 1 25 40 35 2 62 West 0.93 16 365 4 385 4 95 I Total Turning Volumes for the Reriod: 11:45 AM - 12:45 PM 2 0 2 -, 365 385 394 390 40 1 HCS: Unsignalized Intersections Release 2.1g PM0.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Well Hall Gainesville, FL 32611-6585 Ph: (352} 392-0378 Streets: (N-S) COTTAGE PLACE (E-W) ROUTE 25 Major Street Direction .... EW Length of Time Analyzed... 60 (min) Analyst. .................. DEA/AFY Date of Analysis .......... 3/23/99 Other Information ......... 1999 EXISTING CONDITION (PM PEAK HOUR) Two-way Stop-controlled Intersection Eastbound Westbound Northbound Southbound No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SO/RV,s (%) CV's (%) PCE's 305 .99 0 R L T R L T R , L ............ I ............ , .... 0 > 1 0 0 > 0 < 0 0 N N 23 4 35 .99 .91 .84 357 .91 0 12 .84 0 [.10 T R 1.10 1.10 Adjustment Factors Vehicle Maneuver Left Turn Major Road Right Turn Minor Road Through Traffic Minor Road Left Turn Minor Road Critical Follow-up Gap (tg) Time (tf) 5.00 2.10 5.50 2.60 6.00 3.30 6.50 3.40 HCS: Unsignalized Intersections Release 2.1g PM0.HC0 .................................. Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) Potential Capacity: (pcph) Movement Capacity: (pcph) 320 953 953 Prob. of Queue-Free State: 0.98 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 331 Potential Capacity: (pcph) 1192 Movement Capacity: (pcph) 1192 Prob. of Queue-Free State: 1.00 TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) 716 Potential Capacity: (pcph) 408 Major LT, Minor TH Impedance Factor: 1.00 Adjusted Impedance Factor: 1.00 Capacity Adjustment Factor due to Impeding Movements 1.00 Movement Capacity: (pcph) 406 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Rate Ca~ Ca- ~" Approach Movement ~c~h~ ,__~=, , ~_. j ~e~ay Length LOS Delay .... · ~ ~ , ~up~ ~pcpn) (sec/veh) (veh) (sec/v~h) NB L 46 406 > - -- NB R 15 953 > 473 8.7 0.5 B 8.7 WB L 4 1192 3.0 0.0 A Intersection Delay = 0.6 sec/veh 0.0 HCS: Unsignalized Intersections Release 2.1g SAT0.HC0 Page 1 Center For Microcomputers In Transportation University of Florida 512 Weil Hall Gainesville, FL 32611-6585 Ph: (352) 392-0378 Streets (N-S) COTTAGE PLACE (E-W) ROUTE 25 Major Street Direction .... EW Length of Time Analyzed. . 60 (min) Analyst. ' .................. DEA/AFY Date of Analysis .......... 3/23/99 Other Information ......... 1999 EXISTING CONDITION (SAT PEAK HOUR ) Two-way Stop-controlled Intersection Eastbound Westbou~ ................................. No. Lanes Stop/Yield Volumes PHF Grade MC's (%) SU/RV,s (%) CV's (%) PCE's L T R L T R 0 1 < 0 N 365 16 .99 .99 0 0 · 1 0 N 4 390 .91 .91 0 1.10 Northbound L T R 0 > 0 < 0 25 14 .84 .84 0 1.10 Southbound L T R 0 0 0 1.10 Adjustment Factors Vehicle Maneuver Critical Follow-up ............ Gap (tg) Time (tf) Left Turn Major Road ................. Right Turn Minor Road 5.00 2.10 5.50 2.60 Through Traffic Minor Road 6.00 Left Turn Minor Road 3.30 6.50 3.40 HCS: Unsignalized Intersections Release 2.19 SAT0.HC0 Page 2 Worksheet for TWSC Intersection Step 1: RT from Minor Street NB SB Conflicting Flows: (vph) 377 Potential Capacity: (pcph) 892 Movement Capacity: (pcph) 892 Prob. of Queue-Free State: 0.98 Step 2: LT from Major Street WB EB Conflicting Flows: (vph) 385 Potential Capacity: (pcph) 1124 Movement Capacity: (pcph) 1124 Prob. of Queue-Free State: 1.00 TH Saturation Flow Rate: (pcphpl) 1700 RT Saturation Flow Rate: (pcphpl) Major LT Shared Lane Prob. of Queue-Free State: 1.00 Step 4: LT from Minor Street NB SB Conflicting Flows: (vph) 810 Potential Capacity: (pcph) 360 Major LT, Minor TH Impedance Factor: 1.00 Adjusted Impedance Factor: 1.00 Capacity Adjustment Factor due to Impeding Movements 1.00 Movement Capacity: (pcph) 358 Intersection Performance Summary Avg. 95% Flow Move Shared Total Queue Approach Rate Cap Cap Delay Length LOS Delay Movement ........ (pcph) (pcph) (pcph)(sec/veh) (veh) (sec/veh) NB L 33 358 > 458 8.9 0.4 B 8.9 NB R 19 892 > WB L 4 1124 3.2 0.0 A Intersection Delay = 0.4 sec/veh 0.0 NOV 5 999 DEPARTNIENT OF pLANNING COUNTY OF SUFFOLK ' ROBERT d. GAFFN~Y SUFFOLK COUNTY EXECLmVE November 3, 1999 STEPHEN M JONES, AICP. DIRECTOR OF PLANNING Ms. Elizabeth Neville, Town Clerk To~vn of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re; Application of"Richard F. Mullen Ill and William Mullen" (#312) for a change of zone from R-40 and HB to B Business, Town of Southold (SD-99-8). Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 3, 1999 reviewed the above captioned and after due study and deliberation Resolved to approve said application subject to the following: 1. That portion of premises comprising SCTM #100-62-3-22.1 shall be limited for automobile dealership and related purposes only; 2. That portion of premises comprising SCTM #100-62-3-24.1 shall be limited for vehicular parking, storage and display purposes only as associated with the automobile dealership on adjoining lands to the north and west thereof, with no vehicular access via Locust Avenue; 3. Premises shall be developed jointly with adjoining lands of petitioner to the west thereof; and Premises shall be encumbered by appropriate operational and developmental restrictions to adequately protect surrounding residence zoned lands including buffering, shielded lighting, vehicle loading and unloading off the street, a limitation on the use of outdoor speaker systems, aud a limitation on the hours of operation. Very truly yours, Stephen M. Jones Direct°~m~Planning~, hy/~-,-'-'~ G~d~0. Newman Chi~nner GN:cc ~9 CORNELIA C. KEOGH 67855 C.R. 48 Greenport, NY 11944-2248 Supervisor Jean W. Cochran Chairman, Town Board Southold Town Hall Southold, NY 11971 Re: Application of Mullen Motors, chg. of zone Having been out of the state at the time this matter was heard, I now strongly urge the application be granted. ~t is most unreasonable to entertain the idea of refusal, tak ing into consideration the following facts: 1) The plan submitted by the applicant for landscaping and general esthetic appearance which will be created. 2) The established reputation of the applicant, providing decades of top-noch service to its customers. 3) The number of employees drawn from this area, making the company one of the Town's largest employers and therefor having great favorable impact on the area's economy. Taking into consideration the aforesaid, the granting of the appli- cation can in no way affect the health or welfare of area resi- dents, and to refuse the application flies in the face of logic. Cornelia C. Keogh c:Mullen Motors November 1, 1999 NOV 3 Iojg i GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM BETTY NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY , MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY OCTOBER 26, 1999 NOTICE OF PUBLIC HEARING FOR MULLEN REZONING TRANSMITTED HEREWITH IS THE NOTICE OF PUBLIC HEARING FOR THE MULLEN REZONING WHICH OUR OFFICE SENT TO SUFFOLK TIMES FOR PUBLICATION ON OCTOER 28, 1999. NOTICE OF PUBLIC HEARING ON THE "MULLEN REZONING APPLICATION''. NOTICE OF PUBLIC HEARING ON A LOCAL LAW ENTITLED "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM #1000-62-3-22.1 WHICH IS CURRENTLY ZONED HAMLET BUSINESS DISTRICT (HB) DESIGNATION TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION AND THE PARCEL OF PROPERTY KNOWN AS SCTM #1000-62-3-24.1 WHICH CURRENTLY ZONED LOW-DENSITY RESIDENTIAL (R40) TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION". PUBLIC NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York at 8:05 p.m. on Tuesday, November 9, 1999. The proposed changes are set forth below. This application for rezoning is commonly known as the "MULLEN REZON1NG APPLICATION". THE AFOREMENTIONED PROPOSED LOCAL LAW READS AS FOLLOWS: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Enactment SCTM #1000-62-3-22.1 and SCTM #1000-62-3-24.1 are more fully described below. The parcel identified by SCTM #1000-62-3-22.1 is currently in the Hamlet Business (I-lB) District as designated by the Zoning Map of the Town. The parcel identified by SCTM #1000-62-3-24.1 is currently in the Low-Density Residential (R40) District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-22.1 from the Hamlet Business (HB) District designation to the General Business (B) District designation and we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-24.1 from the Low-Density Residential (R40) District designation to the General Business (B) District designation. SCTM #1000-62-3-22.1 AND SCTM #1000-62-3-24.1 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated on a diagram of lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Suffolk County Clerk as Lots 1 & 2 and Lots 26, 27 & 28 and described as follows: BEGINNING at a point at the intersection formed by the southerly line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place of beginning along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesny; THENCE along said lands of David & Janice Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17 degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West a distance of 109.47 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 seconds West a distance of 171.74 feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 seconds East a distance of 98.92 feet to the point and place of BEGINNING. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during regular business hours. Any person desiring to be heard on the proposed amendment should appear, and has the fight to appear, at the time and place above so specified. Any person also has the right to submit written comments to the Southold Town Clerk either prior to the public heating or at the public hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of October 1999 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Notice of Public Hearing on the "Mullen Rezoning Application" 8:05 P.M., Tuesday, November 9, 1999. ~ Eliza6eth A. ~ville Southold Town-Clerk Sworn to before me this ~_7_tb_day of October , 1999. ~otary Public JOYCE M. WILKIN$ Notae/Public, State of New Yod~ No. 495224~, Suffolk County Term Expires June 12, ~ I Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 NELSON~ pOPE & vooRHIS~ cCC October 10, 1999 Re: Mullen Motors Dear Ms. Neville: I am in receipt of a letter dated October 7, 1999 from Stephen R. Angel, attorney for the applicant to y~ur attention. I have reviewed this letter and the attachment from Dunn Engineering and offer the following comments: #3 The Dunn letter clarifies and provides operational details on how Mullen Motors will comply with the request that existing auto storage, parking and outdoor repair work on the west side of the Mullen Motors building be ceased. It is understood that garage access is needed and that activity on the Mullen Motors property will continue. It is recommended that outdoor repair work be ceased, and vehicle activity be restricted to access to and from the site with no auto storage or parking on the road. #5 This suggested condition was directed toward minimizing impact on Cottage Place itself and residential areas south of Mullen Motors. It is understood that Mullen Motors will not use Route 25 for loading/unloading of trucks. It is recommended that Mullen Motors representatives indicate how truck movements can be conducted to not impact Cottage Place, and to restrict these movements to the minimum necessary to access the site with no truck activity south of the Mullen Motors facility. I have reviewed our file and found that the lead agency coordination letters circulated by the xvas reflected in our letter ~,,,;C,~d the action as Type [ -+~,n This classification Tov. m c ........ only that a Full EAF must be · Re ardless of the classification, a Type I action means reweW' - g ...... ~-= ~*ion is more likely to require an EIS In this case, a Full EAF was used, detailed EAF Part III. It~e Board may and the action has been scrutinized through the use of a a use this information to determine the environmental significance of the action and whether negative declaration or positive declaration is appropriate. I hope that this follow-up letter is useful in clarifying these points. Please feel free to call should you have any questions. Very truly yours, NELS , ~ & V R Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 NELSON, POPE & VOORHIS, LLr, CHARLES J VOORHIS CEP AICP · ARTHUR J KOERBER, RE · VINCENT G DONNELLY, RE VICTOR BERT PE JOSEPH REP FANIA RE ROBERT G NELSON JR, P E · C RISTOPHER W ROBINSON RE OCT 13 1999 October 10, 1999 Re: Mullen Motors Dear Ms Neville: I am m receipt ola letter dated Oclober 7, 1999 ii-oil2 Stephen R. AngcI, attorney for the applicant to yOLiI attention. I have reviewed this letter and the attachment fi-om Dunn Engineering and offer the following comments: #3 The Dunn letter clarifies and provides operational details on how Mullen Motors will comply with the request that existing auto storage, parking and outdoor repair work on the west side of the Mullen Motors building be ceased. It is understood that garage access is needed and that activity on the Mullen Motors property will continue. It is recommended that outdoor repair work be ceased, and vehicle activity be restricted to access to and from the site with no auto storage or parking on the road. #5 'Phis suggested condition was directed toward minimizing impact on Cottage Place itself and residential areas south of Mullen Motors. It is understood that Mullen Motors wilI not use Route 25 for loading/unloading of trucks. It is recommended that Mullen Motors representatives indicate how truck movements can be conducted to not impact Cottage Place, and to restrict these movements to the minimum necessary to access the site with no truck activity south of the Mullen Motors facility. I have reviewed our file and found that the lead agency coordination letters circulated by the Town classified the action as a Type I action. This classification was reflected in our letter review. Regardless of the claSsification, a Type I action means only that a Full EAF must be submitted, and that the action is more likely to require an EIS. In this case, a Full EAF was used, and the action has been scrutinized through the use of a detailed EAF Part III. The Board may use this information to determine the environmental significance of the action and whether a negative declaration or positive declaration is appropriate. I hope that this follow-up letter is useful in clarifying these points. Please feel free to cai1 should you have any questions. Very truly yours, Ms. Betty Neville, Town Clerk Southold Town Board Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 NELSON~ POPE & VOORHIS~ LLC: May 24, 1999 . C.,~STO,.E, W Rou uso,, ,E RECEIVED MAY 2 6c) · ~3ufSnold Town C'~erlc Re,' Review of EAF Part III Richard F. Mullen HI and William Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 NP&V Job No. 97208 Dear Ms. Neville: As per the request of the Southold Town Board, (as SEQRA-designated Lead Agency) we have completed a review of the above-referenced document. This review is intended to: 1) examine the EAF Part III for completeness with respect to the items presented in the September 10, 1998 review (attached); 2) comment on the responses,provided by the Applicant, and; 3) provide recommendations to the Board regarding environmental issues and compliance. It should be noted that as this application has been classified as a Type I action, a Conditioned Negative Declaration (CND) is not allowed. That is, it is not possible for the Lead Agency to ~ssue a-Negative Declaration on the application, with an accompanying list of conditions which,the Applicant must first satisfy. As a result, only a Negative Declaration or Positive Declaration is allowed. The ]~AF Part i][I gerierally addre~os -those items referenced in the September 10, 1998 correspondence from this office with respect to visual impacts, cutting of trees on the property, land use coriflicts and traffic. However, the document leaves some questions incompletely addressed in regard to growth-inducing aspects, traffic (parking), and aesthetic impacts (lighting). The traffic engineering examination prepared for the EAF Part III by Dunn Engineering Associates P.C clearly demonstrates that the Mullen Motors dealership has a deficit of parking. The on-site parking supply occasionally does not meet the demand for customer and employee parking, vehicle storage and cars stored prior to servicing. The study indicates that there are times when vehicles are parked on the adjacent site. Increasing on-site parking will address this existing demand. There is no ,increase in the parking demand and no additional outdoor storage and sales area as a result of this.application. MAY26 .... Mullen Motors EAF Part IH Review /~&V No. 97208 After review of the balance of the EAF Part III provided by the Applicant, this office recommends that acceptance of the document be held in abeyance pending provision of additional details in the below-listed areas. The reviewer acknowledges the effort taken by and on the behalf` of the Applicant to provide the Lead Agency with specific inf,ormation in regard to the planned project, as well as to provide mitigation measures, which will alleviate impacts. However, in consideration of the quality of lif,e issues involved in this application, we recommend that the Board consider obtaining specific details in certain matters, as f,ollows: What, if anything, is the Applicant planning to do about the reduction in parking space available for Colonial: Comer patrons? At present, the lot to be converted to Mullen Motors parking is presently used for overflow parking for Colonial Comers, as Colonial comers has insufficient parking. Specify the planned height of the new lighting poles, as well as any design or operation measures taken in this matter which would reduce or eliminate potential impacts to the adjacent residences from fugitive lighting. (e.g., reduced lighting intensity, reduced number of lighting fixtures, reduced hours of lighting, shrouds, reoriented lighting direction). · Specify the minimum height and/or diameter at breast height (dbh) for the 5 new street trees on Locust Avenue, to replace the 5 large trees that were cut down. · Is the Applicant willing to agree to a number of Covenants and Restrictions (C&R's) in regard to the traffic and operation of the facility? If so, following are suggested C&R's: 1. No access to Locust Avenue from the new parking lot. 2. No Certificate of Occupancy for the new parking lot until all landscaping, lighting, drainage systems, etc. are completed, for both parking lots. 3. Cessation of the existing auto storage, parking, and outdoor repair work along west side of the Mullen Motors building. 4. No test driving by Mullen employees on residential side streets in the vicinity. 5. No pa~ldng; unleading~qOadi'ng~ or use of side street.q, in die vicinity by trucks related to Mullen Motors. 6. Limitations on the hours when such deliveries are allowed, to 8AM-5PM, weekdays. To provide additional parking mitigation in the vicinity, and to further protect the "rural feel" of the Town, the Town could install "No Parking" signs on Cottage Place along the Mullen Motors property, as well as on the south side of Main Road along the frontage of site. In regard to the potential for impact if'the Colonial Corners site is redeveloped, the EAF Part III states: The applicant acknowledges that there has been speculation that Mullen Motors' intention is to expand onto the Colonial Comers property. However, Mullen Motors has Page 2 Mullen Motors EAF Part IH Review NP&V No. 97208 no current plans for expansion. If, at sometime in the future, business demands wcrc such that an expansion was contemplated, thc applicant would be required to file the appropriate applications with the Town of Southold and would be subject to environmental review pursuant to 6 NYCRR Part 6127. As indicated in The SEQRA Handbook (NYSDEC 1992, page 22), review of the impacts of future actions are not required if such actions are speculative, may not occur, and are functionally independent of each other (pg. 22). The Applicant is not contemplating redevelopment of the Colonial Corners site at this time. When and if such action is taken, the required application would be based upon a specific Site Plan and would require a separate, full review under SEQRA As a CND is not an option, the proposed C&R's must be incorporated into the actual project, if a Negative Declaration is to be supported. In this way, the concerns of the community will be addressed, while the community and Applicant will benefit from the improved operations on the project site. The project will address the current insufficiency of parking on the adjacent Mullen Motors property, while the proposed landscaping and prohibition of access to Locust Avenue will mitigate aesthetic impacts for the adjacent and nearby residences. If implemented in conformance with Town standards and the accompanying C&R's, the proposed lighting would not significantly impact the adjacent residences. Therefore, the proposed project is not anticipated to result in significant adverse environmental impacts, and in fact would represent a significant improvement in the overall environmental quality of the operation now present on the site. If there are any new or unsatisfied concerns of the Town Board, the option to issue a Positive Declaration remains, followed by the preparation of a Draft EIS However, as indicated above, the EAF Part III adequately addresses the majority of the environmental and planning concerns of the Town, requiring only a small amount of specificity in regard to certain issues to be deemed complete. Please advise if you wish further assistance in the preparation of a Determination of Significance. Thank you for the opportunity to provide you with this review, and please call if you have any questions. Very truly yours, att Page 3 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765~1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: ALL D£PARTMENTS FROM: BETTY NEVILLE. TOWN CLERK ~ RE: MULLEN MOTORS CHANGE OF ZONE DATE: OCTOBER 13. 1999 THIS iS A REQUEST FOR COPIES OF ANy AND ALL MAT[~RIAL THAT YOU MAY HAVE IN YOUR DEPARTMENT WITH REGARD TO MULLEN MOTORS FROM 1997 TO THE PRESENT. IF YOU HAVE ANY QUESTIONs. PLEASE LET ME KNOW. THANK YOU. TOWN ATTOR~,~ M---...Lg_w~ d~ :4~:.,..s o~- GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM BETTY NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY'~ OCTOBER 26, 1999 NOTICE OF PUBLIC HEARING FOR MULLEN REZONING TRANSMITTED HEREWITH IS THE NOTICE OF PUBLIC HEARING FOR THE MULLEN REZONING WHICH OUR OFFICE SENT TO SUFFOLK TIMES FOR PUBLICATION ON OCTOER 28, 1999. NOTICE OF PUBLIC HEARING ON THE "MULLEN REZONING APPLICATION". NOTICE OF PUBLIC HEARING ON A LOCAL LAW ENTITLED "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM #1000-62-3-22.1 WHICH IS CURRENTLY ZONED HAMLET BUSINESS DISTRICT (HB) DESIGNATION TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION AND THE PARCEL OF PROPERTY KNOWN AS SCTM #1000-62-3-24.1 WHICH CURRENTLY ZONED LOW-DENSITY RESIDENTIAL (R40) TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION''. PUBLIC NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law at the Southold Town Hail, 53095 Main Road, Southold, New York at 8:05 p.m. on Tuesday, November 9, 1999. The proposed changes are set forth below. This application for rezoning is commonly known as the "MULLEN REZONING APPLICATION''. THE AFOREMENTIONED PROPOSED LOCAL LAW READS AS FOLLOWS: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Enactment SCTM #1000-62-3-22.1 and SCTM #1000-62-3-24.1 are more fully described below. The parcel identified by SCTM #1000-62-3-22.1 is currently in the Hamlet Business (HB) District as designated by the Zoning Map of the Town. The parcel identified by SCTM #1000-62-3-24.1 is currently in the Low-Density Residential (R40) District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-22.1 from the Hamlet Business (HB) District designation to the General Business (B) District designation and we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-24.1 from the Low-Density Residential (R40) District designation to the General Business (B) District designation. SCTM #1000-62-3-22.1 AND SCTM # 1000-62-3-24.1 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated on a diagram of lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Suffolk County Clerk as Lots 1 & 2 and Lots 26, 27 & 28 and described as follows: BEGINNING at a point at the intersection formed by the southerly line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place ofbegirming along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesny; THENCE along said lands of David & Janice Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17 degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West a distance of 109.47 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 seconds West a distance of 171.74 feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 seconds East a distance of 98.92 feet to the point and place of BEGINNING. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during regular business hours. Any person desiring to be heard on the proposed amendment should appear, and has the right to appear, at the time and place above so specified. Any person also has the right to submit written comments to the Southold Town Clerk either prior to the public hearing or at the public hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the --ZT_tJ:L_ day of October 1999 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Notice of Public Hearing on the ~'Mullen Rezoning Application" 8:05 P.M., Tuesday, November 9, 1999. ~/ ElizaDeth A. _N~ville Southold Town Clerk Sworn to before me this :~Tth day of ~, 1999. JOYCE M. WlLKIN$ Notary Publie~ State of New York No. 4952246, Suffolk County Term Expires June 12. Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 NELSON, POPE & VOORHIS, LLC CHARLES J VOORHIS CEP AICP · ARTHUR J KOERBER PE ' VINCENT G DONNELLY PE RE~IVED 'V CTOR BERT RE · JOSEPH R EPIFAN,A PE · ROBERT G NELSON, JR, PE · CHRISTOPHER W ROBINSON RE OC! 1 3 October 10, 1999 Re: MullenMotors Dear Ms. Neville: I am in receipt of a letter dated October 7, 1999 from Stephen R. Angel, attorney for the applicant to your attention. I have reviewed this letter and the attachment from Dunn Engineering and offer the following comments: #3 The Dunn letter clarifies and provides operational details on how Mullen Motors will comply with the request that existing auto storage, parking and outdoor repair work on the west side of the Mullen Motors building be ceased. It is understood that garage access is needed and that activity on the Mullen Motors property will continue. It is recommended that outdoor repair work be ceased, and vehicle activity be restricted to access to and from the site with no auto storage or parking on the road. #5 This suggested condition was directed toward minimizing impact on Cottage Place itself and residential areas south of Mullen Motors. it is understood that Mullen Motors will not use Route 25 for loading/unloading of trucks. It is recommended that Mullen Motors representatives indicate how truck movements can be conducted to not impact Cottage Place, and to restrict these movements to the minimum necessary to access the site with no truck activity south of the Mullen Motors facility. I have reviewed our file and found that the lead agency coordination letters circulated by the To,,~m classified the action as a Type ! act/an. This classification xvas reflected in our le3er review. Regardless of the classification, a Type I action means only that a Full EAF must be submitted, and that the action is more likely to require an EIS. In this case, a Full EAF was used, and the action has been scrutinized through the use of a detailed EAF Part III. The Board may use this information to determine the environmental significance of the action and whether a negative declaration or positive declaration is appropriate. I hope that this follow-up letter is useful in clarifying these points. Please feel free to call should you have any questions. Very truly yours, Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 NELSON, POPE P~a~vE~ . VICTOR BERT PE · JOSEPH R EPIFANIA. RE' ROBERT G NELSON, JR, RE · CHRISTOPHER W ROBINSON ~E OCT 15 October I0, 1999 Re: Mullen Motors Dear Ms. Neville: I am ]n rote/p! ora letter dated October 7, 1999 Ii-om Stephen R. Angel, attorney l~.)r the applicant to youT attention. I have reviewcd this letter and the attachment from Dunn Engineering and offer thc lbllowing comments: #3 The Dunn letter clarifies and provides operational details on how Mullen Motors will comply with the request that existing auto storage, parking and outdoor repair work on the ~vest side of the Mullen Motors building be ceased. It is understood that garage access is needed and that activity on the Mullen Motors property will continue. It is recommended that outdoor repair work be ceased, and vehicle activity be restricted to access to and from the site with no auto storage or parking on the road. #5 This suggested condition was directed toward minimizing impact on Cottage Place itself and residential areas south of Mullen Motors. It is understood that Mullen Motors will not use Route 25 for loading/unloading of trucks. It is recomznended that Mullen Motors representatives indicate how truck movements can be conducted to not impact Cottage Place, and to restrict these movements to the minimum necessary to access the site with no truck activity south of the Mullen Motors facility. I have reviewed our file and found that the lead agency coordination letters circulated by the To',xm classifie~d the action as a Type t action. This classification was reflected in our letter review. Regardless of the classification, a Type I action means only that a Full EAF must be submitted, and that the action is more likely to require an EIS. In this case, a Full EAF was used, and the action has been scrutinized through the use of a detailed EAF Part III. The Board may use this information to determine the environmental significance of the action and whether a negative declaration or positive declaration is appropriate. I hope that this follow-up letter is useful in clarifying these points. Please feel free to call should you have any questions. Very truly yours, Ms. Betty Neville, Town Clerk Southold Town Board Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 NELSON, POPE & VOORHIS, LLr. CHARLES J VOORHIS, CEP, AICP · ARTHUR J KOt-RBER, RE ' VINCENT G DONNELLY, p~ · ~'ICTOR BERT. PE ' JOSEPH R EPIFANIA, PE · ROBERT G NELSON JR, PE May 24, 1999 · CHRISTOPHER W ROBINSON. RE RECEIVED Town C~er~ Re.' Review of EAF Part III Richard F. Mullen HI and William Mullen Zone Change Application SCTM No. 1000-62-03-22.1 & 24.1 NP&V Job No. 97208 Dear Ms. Neville: As per the request of the Southold Town Board, (as SEQRA-designated Lead Agency) we have completed a review of the above-referenced document. This review is intended to: I) examine the EAF Part III for completeness with respect to the items presented in the September I0, 1998 review (attached)i 2) comment on the responses~provided by the Applicant, and; 3) provide recommendations to the Board regarding environmental issues and compliance. It should be noted that as this application has been classified as a Type I action, a Conditioned Negative Declaration (CND) is not allowed.. That is, it is not possible for the Lead Agency to issue a Negative Declaration on the application, with an accompanying list of conditions which;the Applicant must first satisfy. As a result, only a Negative Declaration or Positive Declaration is allowed. The 'EAF Part HI gmierally adfir~es thqse items refcrenb_~d in the September 10, 1998 correspondence from this office with respect to visual impacts, cutting of trees on the property, land use cofiflicts and traffic. However, the document leaves sore6 questions incompletely addressed in regard to growth-inducing aspects, traffic (parking), and aesthetic impacts (lighting). The traffic engineering examination prepared for the EAF Part III by Dunn Engineering Associates P.C. clearly demonstrates that the Mullen Motors dealership has a deficit of parking. The on-site parking supply occasionally does not meet the demand for customer and. emploYee parking, Vehicle storage and cars stored prior to servicing. The study indicates that there are times when vehicles are parked on the adjacent' site. Increasing on-site parking wil[address this existing demand. There is no .increase in the parking demand and no additional outdoor storage and sales area as a result of thisapp!ication. MAY 2 6 Mullen Motors EAF Part IH Review iN~P& V No. 97208 After review of the balance of the EAF Part HI provided by the Applicant, this office recommends that acceptance of the document be held in abeyance pending provision of additional details in the below-listed areas. Thc reviewer acknowledges the effort taken by and on the behalf of the Applicant to provide the Lead Agency with specific information in regard to the planned project, as well as to provide mitigation measures, which will alleviate impacts. However, in consideration of the quality of life issues involved in this application, we recommend that the Board consider obtaining specific details in certain matters, as follows: What, if anything, is the Applicant planning to do about the reduction in parking space available for Colonial Comer patrons? At present, the lot to be converted to Mullen Motors parking is presently used for overflow parking for Colonial Comers, as Colonial comers has insufficient parking. Specify the planned height of the new lighting poles, as well as any design or operation measures taken in this matter which would reduce or eliminate potential impacts to the adjacent residences from fugitive lighting. (e.g., reduced lighting intensity, reduced number of lighting fixtures, reduced hours of lighting, shrouds, reoriented lighting direction). Specify the minimum height and/or diameter at breast height (dbh) for the 5 new street trees on Locust Avenue, to replace the 5 large trees that were cut down. !s the Applicant willing to agree to a number of Covenants and Restrictions (C&R's) In regard to the traffic and operation of the facility? If so, following are suggested C&R's: 1. No access to Locust Avenue from the new parking lot. 2. No Certificate of Occupancy for the new parking lot until all landscaping, lighting, drainage systems, etc. are completed, for both parking lots. 3. Cessation of the existing auto storage, parking, and outdoor repair work along west side of the Mullen Motors building. 4. No test dri¥ing by Mullen employees on residential side streets in the vicinity. 5. No pavktng; uaload!r~qOadtng~ or use of side streetg, in the vicinity by trucks related to Mullen Motors. 6. Limitations on the hours when such deliveries are allowed, to 8AM-SPM, weekdays. To provide additional parking mitigation in the vicinity, and to fi~rther protect the "rural feel" of the Town, the Town could install "No Parking" signs on Cottage Place along the Mullen Motors property, as well as on the south side of Main Road along the frontage of site. In regard to the potential for impact if the Colonial Corners site is redeveloped, the EAF Part HI states: The applicant acknowledges that there has been speculation that Mullen Motors' intention is to expand onto the Colonial Comers property. However, Mullen Motors has Page 2 Mullen Motors EAF Part III Review NP&V No. 97208 no current plans for expansion. If, at sometime in the future, business demands wcrc such that an expansion was contemplated, the applicant would bc required to file the appropriate applications with the Town of Southold and would bc subject to environmental review pursuant to 6 NYCILR Part 6127. As indicated in The SEQI~ Handbook (NYSDEC 1992, page 22), review of the impacts of future actions arc not required if such actions are specalativc, may not occur, and are functionally independent of each other (pg. 22). The Applicant is not contemplating redevelopment of the Colonial Corners site at this time. When and if such action is taken, the required application would be based upon a specific Site Plan and would require a separate, full review under SEQRA. As a CND is not an option, the proposed C&R's must be incorporated into the actual project, if a Negative Declaration is to be supported. In this way, the concerns of the community will be addressed, while the community and Applicant wilI benefit from the improved operations on the project site. The project will address the current insufficiency of parking on the adjacent Mullen Motors property, while the proposed landscaping and prohibition of access to Locust Avenue will mitigate aesthetic impacts for the adjacent and nearby residences. If implemented in conformance with Town standards and the accompanying C&R's, the proposed lighting would not significantly impact the adjacent residences. Therefore, the proposed project is not anticipated to result in significant adverse environmental impacts, and in fact would represent a significant improvement in the overall environmental quality of the operation now present on the site. If there are any new or unsatisfied concerns of the Town Board, the option to issue a Positive Declaration remains, followed by the preparation of a Draft EIS. However, as indicated above, the EAF Part III adequately addresses the majority of the environmental and planning concerns of the Town, requiring only a small amount of specificity in regard to certain issues to be deemed complete. Please advise if you wish further assistance in the preparation of a Determination of Significance. Thank you for the opportunity to provide you with this review, and please call if you have any questions. Very truly yours, att Page ELIZABETH A. NEVILLE TOWN CLERK REGISTBAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: ALL DEPARTMENTS BETTY NEVILLE, TOWN CLERK ~"/ MULLEN MOTORS CHANGE OF ZONE OCTOBER 13. 1999 THIS IS A REQUEST FOR COPIES OF ANY AND ALL MATERIAL THAT YOU MAY HAVE IN YOUR DEPARTMENT WITH REGARD TO MULLEN MOTORS FROM 1997 TO THE PRESENT. IF YOU HAVE ANY QUESTIONS. PLEASE LET ME KNOW. THANK YOU. NOTICE OF PUBLIC HEARING ON THE "MULLEN REZONING APPLICATION". NOTICE OF PUBLIC HEARING ON A LOCAL LAW ENTITLED "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM #I000-62-3-22. I WHICH IS CURRENTLY ZONED HAMLET BUSINESS DISTRICT (HB) DESIGNATION TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION AND THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-62-3-24.1 WHICH CURRENTLY ZONED LOW-DENSITY RESIDENTIAL (R40) TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION". PUBLIC NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York at 8:05 p.m. on Tuesday, November 9, 1999. The proposed changes are set forth below. This application for rezoning is commonly known as the "MULLEN REZONING APPLICATION". THE AFOREMENTIONED PROPOSED LOCAL LAW READS AS FOLLOWS: BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: Section 1. Enactment SCTM #1000-62-3-22.1 and SCTM #1000-62-3-24.1 are more fully described below. The parcel identified by SCTM #1000-62-3-22.1 is currently in the Hamlet Business (I-IB) District as designated by the Zoning Map of the Town. The parcel identified by SCTM #1000-62-3-24.1 is currently in the Low-Density Residential (R40) District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-22.1 from the Hamlet Business (I-IB) District designation to the General Business (B) District designation and we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-24.1 from the Low-Density Residential (R40) District designation to the General Business (B) District designation. SCTM # 1000-62-3-22.1 AND SCTM #1000-62-3-24.1 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated on a diagram of lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Suffolk County Clerk as Lots 1 & 2 and Lots 26, 27 & 28 and described as follows: BEGINNING at a point at the intersection formed by the southeriy line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place of beginning along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesny; THENCE along said lands of David & Janice Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17 degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West a distance of 109.47 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 seconds West a distance of 171.74 feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 seconds East a distance of 98.92 feet to the point and place of BEGINNING. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during regular business hours. Any person desiring to be heard on the proposed amendment should appear, and has the right to appear, at the time and place above so specified. Any person also has the right to submit written comments to the Southold Town Clerk either prior to the public heating or at the public hearing. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SOUTHOLD, NEW YORK. Dated: ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ day of October 1999 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Notice of Public Hearing on the "Mullen Rezoning Application" 8:05 P.M., Tuesday, November 9, 1999. ~ ElizalSeth A. _N~ville Southold Town Clerk Sworn to before me this ~_7_tt~day of ~, 1999. ~otary Pubhc JOYCE M. WlLKIN$ Notary Public, State of New York No. 4952246, Suffolk Coun~ Term Expires June t2, ~l PUBLIC HEARING SOUTHOLD TOWN BOAKD October 12, 1999 8:20 P.M. (scheduled start time) 10:05 P.M. (actual start time) ON THE PROPOSAL TO AMEND ZONING ORDINANCE AND MAP, SCTM# 1000-62-03- 22.1 AND SCTM# 1000-62-03-24.1 Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilwoman Alice J. Hussie Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Supervisor Cochran: The public notice will be read by Councilman Moore. Pursuant to section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 8:20 P.M., Tuesday, October 12, 1999, on the proposal of Richard F. Mullen III, and William H. Mullen, to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from Hamlet Business District (HB) and R-40 District to General Business District (B) Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. This includes a full legal description of the property. This application was published in the Suffolk Times, and was posted on the Town Clerk's Bulletin Board, and correspondence as follows: from the applicant's attorney postdated October 7, which the Town Board received, addressing certain issues under SEQRA, postdated September 22, 1999, a petition from Save Colonial Comers - Stop Suburban Sprawl signed by area residents, a letter from Alan Smith, Esq. representing abutting real property owners, application requires letters of referral from the Suffolk County Planning Commission - responses required prior to the hearing, in review the Town Clerk's file does not show a response to the Suffolk County Planning Commission, therefore the meeting will be adjourned until the Planning Commision's response is received, a letter dated August 18, 1997 also from Attorney Smith, a letter dated October 10, 1999 from Nelson, Corp, and Quartes in response to certain conditions raised according to the SEQRA determination, the notice of public heating, a memorandum from Carolyn Zenk received August 1, 1999, correspondence dated May 24, 1999 to the towns environmental consultant, a part 3 environmental assessment form from Furenthai and Elkowicz consulting groups, April 1999. Public Heanng 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Is that everything? This hearing this evening will not be closed tonight. I will keep xt open until the 9 of November. The reason being that we have not yet heard from the Suffolk County Planning Board. You're more than welcome to express your feeling this evening. I will not close the hearing, it will continue on the 9th. You will have the opportunity at both sessions. Is there anyone who would like to speak either for or against in relation to the Mullen zone change. Mr. Stephen Angel, Esq. (for applicant): Because this is an application that's being made, I thought that I would try to start out the meeting by letting you know a little bit about the application. Sort of summarize and introduce the people who've worked on it. As I said before, my name is Steve Angel. I'm the attorney for the applicants. What we have here tonight, in case there are any questions for the Board, Tim Rumpf of Aris design who's a landscape architect. He prepared a plan that's part of that environmental assessment form, part 3 that you have received. Terry Elkowitz of Flyod, Wohl, and Elkowitz Associates, who's the author of that particular study and Ron Hill from Dunn Engineering who's the traffic expert who prepared the supplement to the part 3 to the EAF, which again, has been presented to you. Now all of them are here to address any concerns. I'm going to ask Tim after my brief comments to be recognized by the Board so that he can show you what the anticipated usage is of the property in question. Really even though this apparently is a matter of some controversy, we're dealing here with a relatively small parcel. It's 1.24 acres in total. The application is to change the existing 1.2 acre parcel from its }lB and R40 residential zone to B, General Business. No changes are posed to the northern portion of the site, which is currently HB. That's where the Colonial Comers is. There is no application, nor any intended application to alter the current configuration of that portion of the property. What is proposed is that there's a .31 acre parcel, less than a third of an acre parcel that's currently R40, by the way, it's all one parcel, two individuals, but together. That .31 acre parcel is anticipated to be used as a parking area. It's a parking area that's going to be completely buffered from the surrounding existing residential properties on Locust Ave. It will only be entered from the existing parking facility behind Mullens which currently comes in from Cottage Place. 36 some car places in there. There'll be islands that will be landscaped. There will be a buffer wall around it with very substantial landscaping. I don't want to say it will look better, but I think it will look better than it does right now. As I said, Tim Rumpf is here. He's designed a very complex, very expensive, what I think, very beautiful plan to screen that from the existing residential property. It will look better than it does today. Now what we're proposing is not that dramatic. The existing zoning, the Mullen property, the current Mullen dealership is B. To the east, we have the property which we're here on tonight, which is I-lB and R40. To the east of that, across the street we have a 7-11, which is B. We have a HB sandwiched between two existing B parcels. It would seem not very dramatic to change these business uses slightly to make them consistent. I think it's good planning. I think it's consistent with the Rt. 48 study that we've all been hearing about. Actually participating in, as you know. Whether you do it or not, the planning concern of Rt. 48 is to maintain those visual and agricultural vistas and reduce the amount of existing business zoned property up there. What we have here is - it used to be area that the Rt. 48 planners want. They want this particular area, the existing hamlet, and areas next to the hamlets to be the areas where the commercial uses should be rather than in the areas that may be changed dramatically by new commercial development. I have outlined a few areas in the Rt. 48 planning documents where I think I can point to these particular goals, but I'm not going to give them the time. The fact that we're going to be here again - I'm not going to quote them to tonight. I would also point out that the application that we're making is not one sided, and it's not to expand necessarily the business uses. It's to bring this property into conformance with the existing business zones on both sides, and to allow the Page 2 Public Hearing 10/12/99 Mullen Motors Zone Change immediate use of the southerly portion for parking. Now I found an example that I want to point out. One can look at the application 2 ways. In effect, if the Board were to grant this particular application from HB to B, it's not purely an expansion of existing uses. It maybe, in fact, pulling away some existing uses that are available in HB. I was looking at the permitted uses in both HB and B, and I realize that if you wanted to have a fast food restaurant, you could have it in HB, but you couldn't have it in B. What we're asking you to do is not to say that you're expanding all commercial uses on this property, we're just saying, make it consistent with what's there already. And in fact, for some people this may be considered limiting in today's society. You all know the Mullens; they have had their business there for 73 years in the same location. They employ 29-30 full-time employees. Their employees make a real living at this place. They are in need of expansion of parking, dramatically, as I think everybody here would agree. They are a healthy business in downtown or close to downtown Southold. Downtown Southold has not been as healthy as it should be of late. They've gone through tremendous expense and tremendous time in trying to make this as attractive an application as they could possibly make. Only one other thing before I sit down is - 1 want to make a brief comment about the environmental SWQRA There was a letter, I believe it was written by an environmental consultant back in May in which characterized this particular process as a Type 1 action. In my most recent letter which Mr. Moore recited when he talked about the correspondence in the file, I said that I don't think that that's correct. I've looked at the Type 1 list which, for those of you concerned, those actions are going to have a significant effect on the environment. We don't fall into any of those Type 1 categories. I'm not going to go through them all, but there's a whole list of them in part 617 section 4. I've looked through them very carefully and I'm sure if you asked Mr. Cortes to go through them very carefully, he would agree with me that this is not a Type 1 activity. Moreover, if you look at the criteria for determining significance, whether to issue a positive deck, as you people say, or a negative deck, I think you'd have to agree with me that what we're dealing with here is a very minimal change. A 1.2 acre parcel with current plan to alter .3 acres of it is certainly not the type of threshold that would require them issuing an environmental impact statement. I think that we've gone beyond what was required under the letter of the law and have done a detailed plan in detailed environmental analysis, both which you have before you. I realize that you're calling people who want to speak.. I'd ask your indulgence, and let me call Tim Rumpf, our landscape architect so he can show you the plan for the parking portion east. He's got a couple of code renderings showing the different locations. We'll sit down- Supervisor Cochran: I'll do this in a way that I'll have three speakers that favor the project, and 3 speakers that are against the project. Because I think it will move it a little faster and, in relationship to fairness of both sides of the question. So, Tim if you want to - I know Tim because he has served on the recreation committee - Mr. Rumpf, if you'd like to explain your plan. Then I'll take one more that's on the pro, then I'll ask for three in opposition. Mr. Angel: All I would like to do is present Tim, and then perhaps we could pick someone from the audience. I believe there are a number of people - Supervisor Cochran: That's why them are a lot of people here who would like to 80 home and see the end of the ballgame. I know that. Mr. Angel: There are a lot of people here on our side also. I'll just ask Tim to speak and then reserve whatever comments I have until the end. Page 3 Public Hearing 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Tim. Maybe you should stand on this side as well so the audience can also see at the same time that the Board can see. We can see. Tim. Mr. Timothy Rumpf: Madame Supervisor, members of the Board, and anyone else interested in this application in the audience. My name is Tim Rumpf. I'm president of Aris Design. We're landscape architects located in Southampton. We've been asked, by the Mullens, to prepare a site plan for the proposed parking area on the parcel that Mr. Angel has described. Terry Elkowicz who's holding up the plan for me is part of (inaudible) as well. What we've done is I have - before we start of project, I do a site analysis where we look at the existing positions of the plan. The plan that Terry is showing you right now is that plan. You will see Pt. 25 down on the bottom of the sheet. To the left side is Colonial Corners. To the right is the existing car dealership. Behind that is the existing parking lot. To the east of that shows the parcel that we are dealing with. You'll also see some locations of stumps and trees, Maples that are there, larger Maples that are on the site so you'll get a view of what's going on in the surrounding neighborhood. We start from there and then move on to the plan that we've come up with. That you have in the environmental document. Again, the orientation is the same; 25 is down, Locust Ave. to the left of the site, and Cottage Place to the fight. The existing parking lot is to the top fight. The proposed parking area is to the left. We'll start with Locust Ave. and work our way east. Going through the ordinance of looking at the landscape requirements and parking requirements the ordinance requires under general business, B We will comply, and have designed a plan to comply with all the landscape and buffer treatments regarding transitionally yards, front yards, as well as the landscaped islands within the parking area. Actually the landscape islands arc twice the size of what is required in the ordinance. You'll see five shade trees that we are proposing along Locust Ave. I anticipate those to start as 3.5 caliber trees. We show a 3 fi. berm along Locust Ave. as well as adjacent to the residential properties to the south of that parcel. You will also notice, which does not exist now as part of the application, that we propose to remove 10 ft. of pavement along the existing parking area, and put in a 10 ft. buffer. That is clearly what we are trying to do. The park layout shows 36 spaces. I did look at some views from Locust Ave. and also Cottage Place. We did some quick sketches. The top sketch is looking from Cottage Place towards the existing dealership. You'll see, to the right of that picture, a proposed landscape we hope to do on the south side of that existing parking lot. It's a little sketch, supposed to be on Locust Ave. looking northwest. You'll see the shade trees, the berm, and also the under-planting of proposed broad leaf evergreens and deciduous shrubs. The bottom sketch is looking from the residential property, showing the berm and also the double line of staggered evergreens. We propose to start the plants at between 8 and 10 ft. in height. Supervisor Cochran: Thank you. Thanks very much. I'm going to take one more for the third one, and then, Mr. Grossman, I'll call on you. Mr. Terry: Good evening. My name is Raymond Terry. I'm a retired businessman. I'm here to speak on behalf of the Mullen applications. I feel it is very reasonable. I have reviewed the site plan that was just presented to you. Having done business with the Mullen family for over 50 years, having no problems with them, I highly recommend the approval the application. I think they are people of their word, and they will live up whatever agreement. Supervisor Cochran: Thank you, Mr. Terry. Mr. Grossman? Mr. Adam Grossman Esq. (against applicant): Good evening Supervisor Cochran, members of the Board, my name is Adam Grossman I'm an attorney, having an office at 124th St. Riverhead, Page 4 Public Hearing 10/12/99 Mullen Motors Zone Change NY. I, along with Carolyn Zenk, am an attorney representing a number of home owners in Founders Estates, a residential community surrounding the Mullen Motors car dealership, located on s/s Rt. 25 near Locust Lane and Cottage Place. I also have previous documents for the Town Board. I wanted to additionally mention that there will be other speakers in opposition of this application. Just so you understand who I represent. I will be submitting a written application, I'm reading from it at the moment. I just want to get this information into the public record. In opposition to the application for change of zone made by Richard F. Mullen and William Mullen regarding the property located in the Town of Southold. I believe the public notice specified the tax map number. My clients retained myself and Ms. Zenk in September 1997 to represent them in connection with this matter. For 2 years my clients have been following this zone change application, and for 2 years, they have been placed in the position of literally fending for their residential community. Despite this, many have characterized their efforts in a negative light when all they have strove to do is to exercise their rights as citizens of Southold Town. I will also be submitting, in addition to the written statement on the application that I'm reading from, into the public record, are several documents which are going to be attached to the including; an affirmation of Carolyn Zenk dated 9/29/97, an affirmation of myself, 10/28/98, memorandums of Carolyn Zenk dated 2/11/98, 6/29/98, 7/9/98, and 8/27/99. Also being submitted this evening is a copy of the protest petition pursuant to Town Law section 265, affidavit of Mark Cheris, dated 6/25/98, several photographic exhibits that were submitted with the 8/27/99 legal memorandum of Carolyn Zenk, and this affirmation. The protest petition itself is also attached to the affirmation, and I'll be submitting a copy of that along with the affirmation that we submitted to the Town Clerk this evening. As the attached submissions attest to, this residential community take the zone change application before you tonight very seriously. At this time, I would like to state objection of procedures for this public hearing. Although this public hearing was scheduled in connection with the zone change application, no written comments have been made by the Planning Board, and no SEQRA determination has been made by this Town Board. If there have been actions taken by either Board, though it is my understanding that they haven't, these actions have been taken within hours of the public hearing. But that's a non-issue, since, to the best of my knowledge, no such actions have been taken to date. It is my understanding that this public hearing is give this Town Board input. I also have to comment that they are so many public hearings scheduled for this evening that it is fear of mine that this atmosphere will be rushed. I hope that is not the case. This application has been processed for two years now, and I cannot understand why the Town Board scheduled this public hearing without giving the public an adequate opportunity to comment on the SEQRA and planning issues associated with the zone change application. Hopefully those issues can be addressed at the adjourned date on November 9. However, since I'm here before you as are many residents of Founders Estates in opposition of this application, I'm going to do my best to cover the issues raised in this application as I see it. I first wish to mention that a zone change is a purely legislative act, and this Town Board is under no obligation to grant the relief requested by the applicants. As a purely legislative function, unlike a special permit or special exception, your decision is purely discretionary. Therefore, I encourage this Board to just say no to this application. There are many reasons this Town Board should deny this application. Not the least of which is considering that this community will be forever changed if you grant the zone change. This is a residential community surrounding a business use. Expansion of a business is what is before you. There are families who live in the surrounding community, who are in no position financially to pick up and move somewhere else as some have suggested in the print medium, yet the applicant could consider other locations which are more appropriate locations for an expanded car dealership. This site is simply a bad location for an expanding car dealership. There are safety issues that must be considered by this Town Board. Children live in the surrounding community. And the traffic hazards have not been adequately addressed as I Page 5 Public Hearing 10/12/99 Mullen Motors Zone Change will outline later in this affirmation. If there is increased business use traffic due to increased business use, it will undoubted negatively affect the surrounding community. It could result in tragic consequences for neighboring families. The Town of Southold is a tourist based economy. People come to Southold Town to witness the beauty of this special place. Granting this application will change the small part of Southold Town, and make it seem more like a suburban neighborhood. This Town Board must take serious it's obligation to adhere to sound planning principles, and must focus on the detrimental effect this application would have on this residential community. Having a car dealership, which shouldn't be next to a residential community to begin with, expand worsens an existing problem. It will create visual blight, suburban sprawl, and make this part of Southold Town look more like western Suffolk County. This, in turn, will remove part of the reason tourists travel to Southold Town in the first place. Simply put, granting them what they've requested is bad planning policy for Southold Town. Southold, unlike many other towns on Long Island, has had difficulty with area zoned business uses which are directly adjacent to areas zoned residential. As a result, many residents of Southold Town who live in residential communities find themselves surrounded by businesses along with traffic congestion, noise, and late night activities, which often cause disruption on a daily basis. These residents, also, on occasion, suffer a loss of property values, and, in some cases, their location makes it nearly impossible for them to sell the residential homes due to the neighboring businesses. This is most certainly the case with residents of Founders Estates who have had to preserver as Mullen Motors has obtained permission for expansion upon expansion for an existing car dealership which is directly adjacent to a residential community. Before going any further, I wish to bring to the attention of the Southold Town Board that on 6/29/98, Michael Counsil submitted a protest petition made to pursuant Southold Town Hall section 265 to the Southold Town Clerk in connection with this application. The filing of a protest petition, a copy of which is attached, which I'll be submitting shortly, means that this town must pass the zone change with 5 permanent votes rather than 4 to adopt a change of zone. If there is any question regarding this super majority requirement, either myself or Carolyn Zenk will provide any further information requested to the town attorney for his information. In addition to your timing of this public hearing, the poor planning policy, the safety and traffic concerns, and the fact that it is a legislative act which is purely discretionary, is an issue of environmental review of this application. It is my contention, and that of co-counsel, that the SEQRA process undertaken to date, in connection with this application is fundamentally flawed, and subject to a successful legal challenge due to the failure of the Southold Town Board to fully comply with SEQRA. I additionally wish to encourage each member of the Southold Town Board to read fully the legal memorandum prepared by my co-counsel Carolyn Zenk and submitted 8/27/99. The Environmental Assessment form part 3 is legal and sufficient as a matter of law because it evaluates wrong action. The action at issue is a change of zone for the existing Colonial Corners shopping center from I-IB to B, as well as a change of zone for the lot immediately south thereof from R40 to B. The DAF evaluates only the proposed site plan for a parking lot. According to the applicant, the alleged need for a change of zone is to enable the contract vendee to expand a preexisting nonconforming use by establishing an additional 36 car parking lot to an already blighted area. If this were, in fact correct, why is the applicant insisting on changing the zone of Colonial Corners itself where this is not necessary for the establishment of a parking lot? Carolyn Zenk and I submit that the applicants are less than forthcoming. If this was truly the applicants intent, why take the windfall approach of changing the zoning on two separate parcels of land for more intense commercial use. While the applicant verbally assures this Town Board that it does not seek any of the uses that the change of zone would permit, once the zone is changed these uses are permitted as a matter of law. In addition, there are no legal documents on record that would ensure that Colonial Corners would not be destroyed or that the applicant would limit himself to a parking lot. The applicant states in his DAF part 3, as no changes to the Page 6 Public Hearing 10/12/99 Mullen Motors Zone Change northern segment of the property housing the Colonial Comers development are proposed, no further discussion of this section of the property will be provided in this part 3 DAF. The applicant cannot fail to study the very topic addition, namely the change of zone. Consultants from Southold Town seemed to reassure the town that there would be some control over the project from the future site planner in view of the SEQRA analysis, however, once these uses are allowed, as a matter of right, site plan review and SEQRA will only be able to mitigate harm to the neighborhood, not prevent it. The change of zone constitutes an action to the meaning of SEQRA. Since this application for a change of zone enables some intense commercial uses that are currently prohibited at the site. The new commercial uses must be evaluated as a matter of law. In record that this application establishes that the proposed change of zone could contribute to suburban sprawl, current local businesses, and the resort based economy would be detrimental to the historic nature of the neighborhood and pose traffic safety hazards. The change of zone would increase suburban sprawl already encroaching on the surrounding residential communities, and will forever alter the character of this community should the change of'zone be adopted by this Board. (tape stopped) Mr. Grossman: Their chain-link fences, halogen lights, sprawling parking lots, metallic cars, used cars signs, are the very symbols of urban life. The change in zone would detract fi.om the rural quality of Southold by allowing general business uses which are much more intense than residential uses and hamlet business uses. For example, while residential zoning allows such uses as farms, horse farms, churches, and residences, the general business zone allows fast food marts, gas stations, car washes, and warehouses. The change of zone would detract from the historic qualities of Southold It would introduce traffic hazards, bringing huge tractor-trailers into the community. It would reduce the neighborhood property values. I have a set of photographs that I'm going to be pointing to in connection with what I'll be stating in the public hearing. I want to give copies of the visual evidence- Supervisor Cochran: Please do it. Mr. Grossman: The first set of photographs, I know everyone can't see them unfortunately, show the character of the surrounding neighborhood with the exception of the Mullen Motors car dealership. As you can see, there are some quaint historic homes in the R40 zone including salt box houses and picket fences. Exhibit lC depicts the charming house that existed before Mullen Motors built this current parking lot. A number of beautiful early colonial homes were destroyed in order to accommodate this business for the detriment of Southold's historic character. Exhibits 2A, 2B, 2C, and 2D depict some of the existing businesses near Locust Lane that are consistent with the historic character and charm of Southold. They include the Colonial Presbyterian Church, the Curry Bell house museum, the Thomas Moore house museum, a colonial B&B, a Federalist Inn and restaurant, and others. Exhibit 3A depicts Colonial Comers. Colonial style homes converted into shops fits nicely into the existing character of a residential community. The architecture was consistent with the colonial style of Southold. The buildings are to scale, and nicely landscaped. The change of zone could allow the destruction of this entire development with such intense uses as fast food restaurants and gas stations. Exhibit 4A, 4B, and 4C depict the existing Mullen Motors car dealership. This development is in sharp contrast to those depicted in prior photographs. A corporate building is modern, fiat, and ugly. Plastic signs, chain link fence surrounds the building. There are cars parked everywhere, there is little if any landscaping to buffer the unattractive view. Exhibit 4C depicts some of the buildings of Mullen Motors. Note the lack of landscaping, and the wall to wall pavement. Exhibit 4B depicts the dealership once again, the cars, chain-link fence, halogen lights, and the sign hung from what appears to be a pipe - are all ugly and highly visible. Exhibit 5A depicts some of the various Page 7 Public Hearing 10/12/99 Mullen Motors Zone Change uses that the change of zone will allow. These uses show contrasts between exhibits 1-3. Among these uses are a car dealership, a warehouse, a car wash, a gas station, and a fast food mart. Exhibits 6A and 6B depict some of the safety concerns already associated with the existing Mullen Motors. These include concerns about over-sized car carders roaring through pedestrian oriented hamlets. The carriers pose traffic dangers on the very narrow, overcrowded, Rt. 25. They rumble down residential streets, creating a haze of fumes. They endanger small children in the neighborhood. Allowing Mullen Motors to expand further with those additional, similar problems. Exhibit 7A depicts the bright, obnoxious, halogen lights already associated with this facility. These lights blare into the neighbors eyes at night. Additional bright, glaring lights will be needed to illuminate the cars, increasing this disturbance. Exhibit 8 depicts the damage already afflicted to area proposed for a parking lot. Trees over a half a century old were cut down, some 3-ft. across. Note that these trees were cut before the developers received permission from the Town of Southold to build a parking lot. Note also that a lush vegetative canopy still remains which continues to help buffer the residential neighborhood. The buffer lessens the noise from Rt. 25, and helps screen residential properties from commercial properties. EIS must be prepared as a matter of law pursuant to SEQRA. This proposed action may have a significant impact on the environment. The record clearly establishes that a change of zoning would substantially increase the amount of existing traffic, more noise levels triggering 17.7 I'm not going to read the sections of law (coughing). The rural, historic, and residential quality of the neighborhood would also be judgmentally effected by the expansion~ The over-size car carriers rolling though residential neighborhoods and pedestrian-oriented hamlets are already creating a serious traffic hazard. The record clearly establishes that a change of zone will create a material demand for more intense commercial development that would result in all of the above consequences, thus there should be a positive declaration by the Southold Town Board in connection with this application. And an environmental impact statement should be required as a matter of law. I wish to additionally emphasize that they pass a negative declaration of the Southold Town Board, the lead agency, must determine that the project will not have any significant environmental impacts. There are substantial detriments to the Town of Southold if this application is granted for both an economic and a quality of life point of view. In addition as stated above, there are both legal and public policy presidents that are more than able to justify this Town Board to say no to this legislative act. I therefore strongly urge the Southold Town Board to deny the request for a zone change for all the reasons outlined above. Supervisor Cochran: Thank you. Mr. Grossman: I'll be submitting this. Mr. Arthur DiPietro: Good evening Madame Supervisor, members of the Board. My name is Arthur DiPietro. I'm an attorney. I maintain offices for the practice of law at 41 Sunset'Ave. in Westhampton Beach. I don't know the Mullen family. I don't know the 2 gentlemen who are the named representatives of thc family, named in the application before me here tonight. But I've been told by several people that they are fine business people, fine residents of the community, and decent folks. I represent Dick and Gail Fredrick. I was retained over this weekend. I met Dick on Saturday. I met Gail tonight. Qualitatively, if not quantitatively, from the standpoint of time, Dick and Gail seem to be pretty decent folks too. I don't think this is an issue of a popularity contest. I think it's a very serious issue. I think it's an issue that your Board is going to wrestle with because you've got decent people on both sides, and you've got a very tough issue. I got here early tonight and I listened throughout the comments pro and con with regard to other zoning changes you're contemplating. I think it's kind of ironic because although they haven't spoken yet, and I may be presumptuous, and I may be wrong. But there Page 8 Public Hearing 10/12/99 Mullen Motors Zone Change may be some people in this room who spoke one way earlier that may speak another way topically later on during the course of this public hearing. But if they were thinking categorically I think they would see the inconsistencies of their position. Councilwoman Hussie made a comment during one of the prior public hearings tonight about the impact of what you're thinking of doing on North Rd. to what's happening in the HB areas. The re-category fi.om one zoning use district to another of certain permitted uses that traditionally and hopefully in the future will retain the vitality of the hamlets. So there is a balancing act here. I heard comprehensive and master plan mentioned several times by many people. I believe a couple of times by Mr. Penny, of who I believe, if I'm correct, had the benefit of being a former member of this Board. He has the knowledge of the zoning practice inside and out. There is a tremendous intimacy between what you do on the North Rd. and what you do in the context of this particular application. And what you do in regard to the general focus of thought on the revitalization Mr. Engel mentioned. That downtown Southold, the hamlet core area needs some help. It may need some more help 5 or 10 years from now. This decision tonight or in November, or thereafter, it does not involve a fraction of an acre of land. It's very symbolic, very intimately related to and intertwined with all of the other things that were discussed here tonight. And there are some technical points. I'm not going to belabor it because you are adjourning this until November. I have just been retained as I said before, and I will take the opportunity to submit my comments in greater detail in writing which relieves me of speaking and you of having to listen to me, and hopefully allows everyone to reflect on the written word in repose rather than hold your ears over the spoken word under the glare of the public meeting. However, there are some interesting things. I was looking at the different uses here. And look at the varying percentages of lot coverage around. Also, focus on, and I'll quote what Mr. Engel said in his opening remarks. His quote "not the current plan of the applicant" Mr. Grossman said when you change a zone or don't change a zone, you have a tremendous amount of discretion. That's tree. I served a couple of times as a municipal attorney, once in the village, once in the town. It's a great blessing, it's a great nightmare because unlike a planning board that is ministerial and has very little discretion, unlike a zoning board 'of appeals which is quayside judicial, and has a little bit more leeway, but is still subject to tighter review. You are the legislative body, and you can act with a much, much broader range of discretion. The other side of the coin, and I'm not opposing Mr. Grossman because we're colleagues tonight on the same side of the issue. The other side of the coin of denying the variance, or excuse me, the change of zone, that was a Freudian slip, is you can do it with a broad stroke, and it probably will stand up to judicial review just as if you deny it. Why are we not talking about a use variance? Why are we talking about no present plans to do anything with the comer? I don't for one minute question the sincerity of what Steve Engel said tonight. I've known Steve for a long time. He's a good guy too. However, although the Mullens have been here for a long time, and I don't wish them one moment of ill, it is not cast in bronze that they will remain the owners of that property next year, next decade, maybe next month. I understand they're only contract vendees now. I may not be right on that, but I believe it's tree. The key here is when you change the zone, you change to use status of that piece of property. You're not doing anything to a particular owner for or against. You're not doing anything to a particular business for or against. You're changing the zoning status of the property, and you're opening up either a king's ransom or Pandora's box of good, bad, or indifferent uses that could occur on a piece of property. Again, I will be more specific in my written submission, but in perusing your code something kind of interesting and curious popped off a page. I mentioned a few minutes ago, there are different requirements in the current business zone this property's in and the one in the changing, or seeking to change it to regarding lot coverage, setbacks, other criteria. I heard a comment fi.om the side tonight when Mr. Engel was speaking, and I believe my client indicated similar things to me when I met with him over the weekend. Namely that there were some prior Page 9 Public Heanng 10/12/99 Mullen Motors Zone Change approvals here regarding the parking lot that exists off Cottage Place. Mr. Rump added "oh, we're going to add a buffer there", but I believe Mr. Mullen was supposed to do that as part of the prior approval. So the horse is out of the barn, and maybe one of its foals is coming back home, but the horse is still out of the barn That's not a big deal here tonight. The second thing that I find very interesting, I've heard no discussion of what kind of use this parking lot is going to be to. Again, in my type of quick study preparations, sifting through things that Ms. Zenk and Mr. Grossman have been working on for 2 years in the course of a weekend. I was told that the existing parking lot off Cottage Lane was represented to be only for employees. That's an accessory use. All businesses have customers and employees, and they need parking as an accessory use. However, very interesting, if in fact we are talking about inventory new and used cars, we're no longer talking about accessory use. We're talking about a primary use, namely the sale of motor vehicles and then we get into some thorny issues about lot coverage. If there's a limitation of 30% lot coverage for the primary use and the primary use or great component is an outdoor sales lot. Guess what - we should be talking about 50 ft. buffers, not l0 foot buffers. And we should not be talking about a see of asphalt which is the equivalent of an outdoor showroom. That's not an accessory use ladies and gentlemen. That's a primary use. There are many other things again, I'm sure the Mullens are good guys. When I first became a partner with John McNulty back in around 1973, he was driving this god awful peat green Chrysler that had Mullen Motors on the back. I think his father, John Sr. had given it to him. So the name Mullen is indelible in my mind even though I don't know the gentlemen, from almost the first years that I became a permanent resident and attorney, practicing on the east end. That's not the point. Also, I think we have to think to of the next decade. Everybody's talking about the new millenium, let's be modest, the next decade. However, there are things happening that are going to be critical to the automobile industry. The Mullen's may well not, based on documented statistical studies that I've read, may not need all of this outdoor sales space. It is my understanding that right now, as we stand here and talk at this public hearing, 25% of all new car sales are ordered through the intemet. One of the most important aspects of this - maybe it's not happening in Southold yet - but it's a trend, be patient. One of the most important aspects of this and one of the most cost-effective efficient aspects for a businessperson is the reduction of costly inventory space. The reduction of costly real estate space just to store product. What a wonderful, wonderful, additional benefit to the community that we could have a vital car dealership, a family owned business that employs local people and pays taxes, and still be a good neighbor. And still be part of the traditional ambiance of Main Rd. as it goes through the eastern part of Southold. And that the traditional car dealer showroom which is modest in size, as opposed to the auto-malls on Rt. 58 in Riverhead could be maintained. And that beauty and landscaping and modest parking areas could be maintained and that business could still be vital, and the neighbors could still be happy. We have a parking lot here that's proposed to be doubled in size. We don't know what's going to happen to it. It's going to be a dead end. I've seen no discussion of drainage, curb cuts, ingress and egress access, traffic considerations. But I know if the only ingress and egress is going to be on Cottage Lane, then my clients home is right down on the next comer. They are going to be substantially adversely impacted from a quality of life standpoint, from an economic standpoint, and from a peace and tranquility standpoint. This is not consistent with a vital mixed-use traditional hamlet where residential and business should coexist happily rather than have a civil war. Thank you very much. Supervisor Coehran: Thank you. Is there anyone else that would like to address the Board against? Please. Ms. Julie Sanford: I'm Julie Sanford. I live on Locust Lane. I've been following this for 2 years, and I request the Board to deny this application, and if not deny it, to please issue a full Page 10 Public Heanng 10/12/99 Mullen Motors Zone Change environmental impact statement. Carolyn Zenk and Addy Grossman are my attorneys. I didn't go into this just fighting for Colonial Corners, I am fighting for this residential piece of land which is part of our neighborhood. It is a buffer, once upon a time there was a house there. Under tragic circumstances, there is no longer a house there. It burnt down. We all appreciated the beautiful trees that graced out street that are no longer there. I just find that general business is very incompatible with residential areas. Tonight there was talk about the hamlet centers and residential office uses, limited business. However general business is basically a nuisance to residents. I can't stand to see residential land being repeatedly overturned for a parking lot. I can't stand to see beautiful old house that once were on the Main Rd. be moved off or tom down. Variances issued out - no one policing after these variances. All kinds of violations. We wish to bring this to the Board's attention. We document this, 2 years go by, we're still living with a pretty bad circumstances here. Locust Lane has a traffic problem which everyone here is aware of. It's been brought to the Board's attention. We are grappling with the problems of 7-11 on a daily basis, coming to and from our homes. That is a general business. General business with access onto a residential street. I hear talk tonight that this proposed parking lot is not going to have access on Locust Lane, however, Colonial Comers already had that on Locust Lane. If, in the future, the Mullens so chooses to expand their dealership which I would imagine that would be the plan, since I've read in the Suffolk Times, many quotes that it's just short tenn. Colonial Comers is not going to be there, who knows, 10 years from now. Well 10 years from now I don't want to see a dealership at the entrance of Locust Lane. I want to see those houses still there. Those houses, people used to live there. We had residential zoning all the way up to the Main Rd. Then it was changed to HB, which was a compromise, but we lived with it. It's quaint, it's charming, and people like to shop there. There's also been talk of- Mr. Engel says the Mullen dealership has been there for 73 years. But not in regard of the property that they originally started out with. There were houses to the west of the showcase building. There were homes, there were people living there. It was a domino effect. After the first house went, the other house on the Main Rd. went somewhere else. Our Main Rd. looks terrible. It's suburban sprawl. That's what's happened. The lighting situation is awful. I can't understand why, in the hamlet, that would be allowed. Whereas Lucas Ford - their lighting goes off at 9 o'clock, and it's angled properly, and I know that's the result of residents on Beaullah Ave. who complained about that and had considerations, some actions taken to care of this. We brought the same kind of concerns to the Board. We had a documented meeting with Gerard Goehringer in which these concerns were brought up. It's been a year, the lighting is still the same. There's additional lighting as well, that shines into peoples homes on Cottage Place that were turned off after our complaints were documented. I just want to say that I oppose this application. I grew up on Locust Lane. I'm 30 years old, I've seen this from being a child, and I can't stand to see any more degradation to the area. We deal with 7-11, and all their problems. I don't think that another general business zone should be stuck at the entrance of our neighborhood. Mill Colony or Yennecott - I don't think those neighborhoods would stand, for one moment, to have the entrance to their neighborhood lighted with suburban sprawl. In fact I know the residents on Mill Colony complain that someone sells one car at the entrance of their neighborhood. Now you say to me - why are you so upset? We don't want it to be a whole bunch of cars, a dealership at the head of our neighborhood. We have a beautiful entrance. We have Colonial Comers. To say that nothing is going to happen to Colonial Comers is not accurate. I just want to say Cottage Place lost a lot of it's cottages and Locust Lane lost a lot of it's trees, and stands to lose much, much more if this application is granted. Mr. Glen Just: They also talked about how it created more traffic problems. I don't see how that's possible. I can only see how it would help alleviate the traffic. The way it stands right Pag¢ll Public Hearing 10/12/99 Mullen Motors Zone Change now, anyone who's been to Mullens knows that there's parking all up and down Cottage Place. (laughter) Supervisor Cochran: Please let's give everyone the opportunity to be heard without heckling or catcalls or anything else. Please continue. Mr. Just: There are cars usually on both sides of the road. There's not enough parking at Mullens. Whereas if you built the additional parking lot, that alleviates the traffic jam that takes place on that road. It would, in fact, alleviate some of the traffic, not create more. Also Mullen's been around for a long time, before a lot of these people were even born. Certainly before I was born. They're a valued member of this community. I'm a member of the Southold Fire Dept., I know they help us, support us - as well as all other local organizations. They have given so much to this community, I just feel that we should give a little back to them. From a business standpoint, I'm a member ora family business. I would tike to see that Southold Town promotes established family businesses that have been a part of this town for many years, instead of trying to hurt them I'm in favor of it. Supervisor Cochran: Thank you. No demonstrations please. It's fair for both sides - please. That's my number 1. I said I would take Henry Smith. Mr. Henry Smith: My name is Henry Smith. I live down on Hobart Road. I'm a neighbor of Mr. Mullen. I hear all this talk about traffic problems, everything like that. By building this parking lot, and the landscaping they are going to do, it can only be an upswing for the area. I mean, there's such a desolate look there now, and to landscape something like this, I think would only beautify the area. As far as the traffic problem, I go by this place 4 times a day, at least. I don't see any big traffic problem. Mr. Mullen is willing to do anything. He's certainly not one that's going to harm this town. His father was in business here, he's in business here, and his sons are going to be in business here. People like that are not going to do anything to harm their town. I'm sorry, I think we should approve this because if you want to do something that's going to beautify the area, you should. Supervisor Cochran: Thank you Mr. Smith. Sir, in the white shirt, you wanted to speak. Mr. William Lieblein: As another member of a second generation in a family business that hopes to see future generations come into mine, I support the Mullen proposal. I've looked at the proposed landscaping and so on, and it certainly looks like it's going to beautify the area. My family's done business with their family for years. I don't go by there 4 times a day, but I'm down there fairly regularly, and I haven't seen the traffic problem there. I'd just like to say I'm in favor of this proposal. Supervisor Cochran: Thank you. That's 3 right? I now take 3 speakers that are opposed to the change. Anyone like to address the Board? Yes ma'am. Ms. Melanie Sanford: My name is Melanie Sanford. I live on Locust Lane. (inaudible) and Grossman are our legal representatives in the motion to oppose the downzoning Founders Estates is a highly, very dense community. Most of the properties there are R-40, R-20, and less. It's one of the first communities in Southold Town, and with all of these efforts making new neighborhoods, I don't think that the old neighborhoods in the Town of Southold should be diminished in any way. Especially this particular neighborhood. It is, if you know your local history, the neighborhood where the commoners of Southold Town actually stepped off the boat. Page 12 Public Hearing 10/12/99 Mullen Motors Zone Change Those of you who've come down to Founders Landing, and enjoyed the beach down there - that's all part of the picture. I just wanted to mention that most of the additions at Mullen Motors since 1983, most of the expansions were done under variances, as special exceptions. The window showcase. The fact that there's no sidewalk in front of the showcase - it's ripped up and been replaced with maccato. These are our concerns. Michael Pontiac in Peconic. That is a commercial car dealership, however, even though it's very close to the road, it still retains a sidewalk. It's still pedestrianesque. If you go through the hamlet of Southold, and you walk along the sidewalk, you can walk along all the way up the hill from Cherry's gas station, you can walk along the sidewalk, proceed through the middle of town, go past the historical society and go past JoAnthonys restaurant, walk all the way up the hill until you get to the car dealership. There's no sidewalk. Once you pass the car dealership, again, the sidewalk continues - you walk along the sidewalk in front of Colonial Comers, there's even a sidewalk in front of7-11. It is not pedestrian friendly. Someone from the audience: You're complaining about a sidewalk? Supervisor Cochran: Ladies and Gentlemen - please, Sir, please, I will ask you to leave. I'm serious now. You give the courtesy to every speaker. Please continue. Ms. Melanie Sanford: The sidewalk in our town runs all the way from just beyond Town Harbor Lane through the historic district past the church. I'm just very pleased that the hearing is going to be kept open, and I just wanted to say that I'm asking the Board to please say no to this application, and in the event that you still entertain it, we'd like to ask for a full environmental impact study. Thank you. Supervisor Cochran: Thank you very much. I have 2 more opposed. Opposed, Sir? Mr. Richard Fredrick: I'm Dick Fredrick. I live at 385 Cottage Place. I'd like to respond to something that Mr. Engle said. I believe he gave an affidavit (inaudible) by registered mail. I am a nearby resident, but I was never notified. As a matter of fact I've went to Town Hall, the Planning Board, the Zoning Board of Appeals over a year ago, and I'd like to request that the correspondence (coughing) Supervisor Cochran: Do you know about when it was, the date? Everything that comes into Town Hall is documented, we'll find it. Everything's listed. Mr. Fredrick: I've heard discussion tonight about the preservation of the hamlet. I'm not an attorney. I moved here because I got tired of driv'mg on Jericho Turnpike, seeing what happened to those areas up island. I move here because I read in the papers that the Town Board that may have preceded you and include you that were people who were interested in the preservation of the hamlet and the way of life in Southold. That's why I moved here. I bought a historic old home on Cottage Place, invested quite a bit of money in it, and would like to see the value of my home be repaid. This action isn't consistent with that. Since I've lived here, I've seen conditions deteriorate on Cottage Place. For those who glibly say there's no traffic problem, I would like to invite them over when a car cartier comes down Cottage Place, making noise, a lot of noise. It goes down Cottage Place, tums around, and more often than not, it runs across the comer of my lawn. I've noticed a deterioration of land. I hope it doesn't continue. I would urge that you would deny this request, and consider it sincerely. I feel it would have a negative impact on the value of my property, and my way of life. I've lived with the lights shining in my bedroom. I can only believe that's going to get worse The traffic problem is real. Someone Page 13 Public Hearing 10/12/99 Mullen Motors Zone Change should go count the cars someday and reduce it to quantitative numbers. I came by there this afternoon on my way home from work. As I went down the street, I waded through cars to be serviced, to be moved, traffic coming the other way was held up. I believe it's a serious safety hazard. I go by there, people just walk across the street without looking. Children in the area are put at risk when they go down to catch the school bus, and the cars are all over the road. You can't get past. It's gotten worse. I've watched it get worse. I will point out that as near as I can see what's been presented here - no access on Locust Rd. which means the access to garage facilities to the parking lots that are there to the proposed new parking lots is all still going to be on Cottage Place. I don't see how that's going to alleviate a traffic problem. I think that's about all I have to say. I would like to reiterate my opposition, and I hope the Board will continue to uphold the idea of further deliberation. Supervisor Cochran: Thank you. I have one more. Sir? Mr. David Liss: My name is David Liss. I live at 315 Cottage Place. It's directly south of the employee parking lot, I believe it's called. That's not only an employee parking lot. All hours of the night, tow trucks bring in broken down cars. I guess they're broken down cars. You know, the tow trucks come in, the lights are going, and they put a light along the fence. Mr. Angel you said that - Supervisor Cochran: Not back and forth. Address the Board please. Mr. Liss: They said that they proposed buffer along that fence that's south of the employee parking lot. It was my understanding that the buffer is already supposed to be there, There's supposed to be a (inaudible) at the tree line there. There is no tree line. There is a chain-link fence and cars back right onto the fence. The fence is actually leaning onto our property. In some places where the cars back into it. I don't know why that buffer isn't there. I know they are proposing to put it in, but I believe it's already supposed to be there. That's about it. I oppose the zone change. Supervisor Cochran: Okay. Thank you. Someone like to speak in favor of. I'm going to take Bob, Jeff, and I'll take Mr. Samuels. Next time around, I'll try to get you other gentlemen. Mr. Robert Jenkins: I'll take a couple of items. The property as it is now is not residential, so you're not changing residential to business. It is akeady business. It's a hamlet business. So it's not that much. Secondly, the property in question is unsightly, trashy, full of vermin, possibly dangerous, empty lot. You can have a nice, neat, clean, safe, well landscaped, pleasing to the eye parking lot to alleviate some of the traffic that the people on Cottage Place are complaining about. Thirdly, we are not expanding the business. All we're doing is creating a parking lot. They do not operate at all hours because I've been there, and they're closed at night, when I've tried to get something done. They have never, to my knowledge, knocked down any houses in order to expand their business. The traffic problems in the area are more from 7-11 than they are fi'om Mullen Motors. Since when does a business owner who's been in existence build sidewalks? That's the town's job to build sidewalks. Do not deny the basic rights of expansion for an existing business solely because they're successful. Supervisor Cochran: Thank you. I had Bob, then I had Jeff, and then Tom. Mr. Jeffrey Strong: My name is Jeff Strong. I'm a business owner and resident of Mattituck on the North Fork. I'm here on behalf of Mullen Motors, their family and their application for Page 14 Public Hearing 10/12/99 Mullen Motors Zone Change the zone change. As I listened to the attorney who was speaking against, I wrote down a few, actuall~ 10 of the things that they indicated that they were against. As an educated person trying to look at things fi.om a balanced view, I'm not so sure it was presented to me as a balanced view. That the community would be forever changed if this zone were to be changed. That was the attorney's argument. I agree with him. I think it would be forever changed. ! think it would be forever improved. I think these pictures represent it that way. To suggest that they be forced to move to a new location such as to move to Rt. 48, I think is totally opposite of what the master plan has presented itself I think it's totally opposite of what the vast majority of people who live and reside in Southold Town on a year round basis want. To suggest that it looks like suburban sprawl, and a suburban neighborhood, again, I think these pictures represent, if that's what suburban neighborhoods look like, I think that's a place where I want to live. Visual blight, same thing, we have many homes in this area, and many homes not far from Mullen Motors that I think would be proud to look like that. To say that it would detract from the rural community, I think it would definitely add to the rural flavor of the community. To say that Mullen Motors won't be there forever, I guess that's a true statement. You can't necessarily say that they are going to be there forever. They have a very long track record. They have a family history, and this is not just about law, this is very much definitely about people, and the way that they're able to execute what the commitments are that they make. I think they have a very good track record for executing that. As far as the trees being cut down in the proposed parking lot area, there's no doubt that there are some old trees there. I've gone through it myself - looked at the plans, walked the property. I'm sure there will be a change of trees, but I think the trees that are suggested to be planted there will definitely look greener on a year round basis, and I think they will provide a lot more buffer than what has been there in the past. In terms of the needed space for the parking lot, there's - in my opinion - a traffic problem on Cottage Place, but not a traffic problem in the extent of lots of cars going up and down the road. I think there's a traffic problem by the fact of not having adequate parking. That's the way it shows up to me when I drive down that road or visit there for service. I think that by granting this space for a parking lot would help alleviate what some of the neighbors have a valid concern about. I think this would help alleviate that. In terms as having them as long good standing area on Rt. 25. Our people want them there for service. To suggest that they're not going to need the extra space because of the internet, I think that may be true for some mega car dealers possibly, this is not a mega car dealer. This is a family business made up of a lot just like a lot of other successful family businesses on the North Fork. And that first and foremost that derivative is service. They are going to be here, they need that extra space because of the service. They sell cars, not because they're a mega dealer. They sell cars because they are first and foremost about service. As far as the status of Colonial Corners, I don't know what they're intention is with that. I would think that that would be a good question that might be some area for a conversation between the neighbors and the Mullens. I honestly don't know. But as someone said earlier, they have a very good track record for trying to do the right thing, and I'm sure there can be some conversation there that would look and sound like doing the right thing. That was my comment. Supervisor Cochran: Thank you Jeff. Mr. Samuels? Mr. Thomas Samuels: Tom Samuels, again. I have a slightly different approach. Six and a half years ago we had a study the called the US Repay Study. The conclusion of that study was that we should keep business in the hamlet, within a mile and a half of the post office. There was an informational held in Southold High School which was filled. That's where this meeting should have been held tonight. Supervisor Cochran: Unfortunately we didn't know there'd be this many people attending. Page 15 Public Heanng 10/12/99 Mullen Motors Zone Change Mr. Samuels: You should have called, I would have told them. Supervisor Cochran: You know that works 2 ways. called me. You could have picked up a phone an~ Mr. Samuels: I should have. Supervisor Cochran: Thank you. Please continue. Mr. Samuels: Well, so here we have the conundrum. You know, my son was the chairman on the US Repay Study, and I had the final report, and I had many, many discussions with him. The principle idea I had was that I think it's great to keep business in the hamlet. To keep eve~thing close in the hamlet. I think it's terrific. But the problem is when anyone wants to do anything in the hamlet, you're going to have a tremendous amount of objection. For the people who live close to the hamlet, their homes as just as important to them as mine is on Nassau Pt. The same old problem again, it's called not in my backyard. Now I've know the Mullen family for many years. I don't know what Southold would be like without that Mullen dealership. I don't find it objectionable at all, not in the least. Take a look at Apple. Go up 58 and see what those car dealerships look like. Try and get service on your vehicles if you buy them up there. I've bought a couple of pickups a year, and a car every couple of years from Dick Mullen. The integrity of that family is remarkable. They are actually remarkable people. I like them so much, I feel badly that they've been through this. I can't understand why the Suffolk County Planning Commission didn't get the letter out in time. That's very interesting. I don't know when it went in, when the request went in. It should have been at that October 8th meeting. I don't know what the excuse is for not meeting that deadline. Because it is essentially a rubber- stamp local issue. I spoke to a member of the Suffolk County Planning Commission. It's a local issue. You get those all the time. It should have happened. You should have been able to vote. I am not placing a mysterious sign on this at all. I'm not saying there's a plot. What I feel so bad for - for 2 years they've been trying to do something. I have a piece of property in Southampton that I've been working on for 11 years. So I know the frustration that you hear in the incomplete application, the fantastic game that you play. We want this, bring it back because you forgot to ask for this, and again, and again, and again. Supervisor Cochran: I don't think that was the case, but please continue. Mr. Samuels: That's not what I'm saying. What I'm saying is I think the vast majority in Southold is in support of business applications. I think it would be a mistake to deny it. I think it would be sending a message to the business community that you have little concern for this. Supervisor Cochran: Thank you Mr. Samuels. I will now take speakers opposed to the zone change. I'll take Mr. Meinke and then I'll take Jean, Mrs. Sanford - is there anyone else in the 7, 3? Mr. Howard Meinke: I'm part of the North Fork Environmental Council. It's really a very difficult issue. It's a long-standing member of a community, that's obvious. It's a good, well run, business, that's obvious, but there are some other sides to it. The business for one reason or another, is outgrowing its location. It needs to be looked at. I think that that's very clear. The past weeks we discussed the hamlets at great length. We agonized over various Rt. 48 questions in order to let it knowingly damage or weaken the hamlets. What is an LB? What is an RO? Page 16 Public Hearing 10/12/99 Muilen Motors Zone Change How can we word these changes to protect the hamlet residents well being while being fair to the effective business owners? Now in regard to discussing the proposed expansion of a nonconforming use within the Southold hamlet - we have an auto dealership in the hamlet facility currently on an island of general business property within a hamlet business or residentially zoned area. It's a fully conforming use in the general business zone. This type of business is unfortunately, I think, at this point, out of place in a location like this in a hamlet. But it's been there a long time, and if that happens, that's nobody's fault. To add to an already difficult situation, there is a part of the operation that is currently a parking lot that is a pre- existing non-conforming use. The application seeks to expand this nonconformity into the residential area. On top of that, this application seeks to change the Colonial Comers to general business zone while simultaneously stating that no actual change is being contemplated. Now this is an extremely strange sort of request, to want the zone change without any apparent purpose for it, and it would choose to mean that this has a lot to do with the resistance of the part of some people who are opposed. I don't think that of the .31 acres. But the Colonial Comers is a very nice little business development the way it is. To say that we want to change the zone to business, but we're not going to execute our right to do that; it's hard to understand the reasoning behind that. I think that's off-putting to many people that are here. In light of the applicant law of history in Southold, business plans have not been taken lightly. In fact this subject has received enormous attention as it has worked its way through the system. In follo~ving through with this, it is necessary to do as attorney Carolyn Zenk requests in her letter to the Board. A positive declaration and a full environmental impact statement are called for for fair treatment of the Southold hamlet and the residents as well as the Mullen ownership. After all that investigation, nobody can say anything shott-circuited had a decision been made one way or the other. But it should be given all that attention, and done correctly. Thank you. Supervisor Cochran: Thank you Mr. Meinke. Ms. Jean Sanford: Hello. My name is Jean Sanford, and I live on Locust Lane right next door to the Mullen Motors expansion. (inaudible) Lights, constant noise. We have it rough in our neighborhood with 7-11. Anyone who can say "I recommend this" while they are living on Nassau Pt., a nice, quiet, wooded, place, I think should come down and maybe spend an evening living next to this. I've worked hard at the stewardship task force, though I'm not familiar totally with it, but I don't think they have a car dealership in New England where they do that study. I don't know what businesses, but a car dealership is not a hamlet business. It's nice to keep all the businesses in the hamlet, that's fine, but this is heavy use. It's not, you know these car carders, they even come down the Main Rd. It's a very dangerous area. What comes to mind is when Junie Albertson, he's never brought up in the main subject. Nobody ever says anything about Junie. But he came, and he said he wanted to downzone Colonial Comers. He came down, and a lot of us weren't too enthusiastic about that going down because it's very beautiful. He told us not to worry, I'm not going to put up any 3 story buildings to block the view, or do anything that would make it bad for the neighborhood and eveDrthing And now, after all these years, he said, don't worry, the Board would never let me do anything to harm the character of the neighborhood or the Town. Now he wants to sell this to the hard intensive use building in the corporation. Maybe it should revert back to residential like they're doing up on the North Rd. Because it is residential, and Mrs. Lucy's property cuts way into it. And as far as the berms and buffers, that is a stereotype west end developer suburban solution, and it's as ugly as what it is trying to hide. I'd feel like I was living up island ifI had to ride by past all that kind of manicured hemlock stuff. Let's not forget the beautiful woodland that we've destroyed. Now I don't want to hear that it's going to improve this lot. It's ugly now with these stumps. I have pictures of streets that have magnificent maple trees - you knew that you were in a residential Page 17 Public Hearing 10/12/99 Mullen Motors Zone Cl~mge community. You can't have this in the business district. It's our home, it's our neighborhood, it's our entrance. I just want to ask the Board to honor the agreement that Junie had told us that we would never do anything to hurt the character of the neighborhood. I'd like to ask you to deny this application. Supervisor Cochran: Thank you Jean. Is them anyone else opposed? I want to stay with the 3 and the 3. But I'd first like to see if there's anyone who hasn't spoken yet. Is there anyone against this application that has not spoken? If not, then I'll take you comments. George, I will take the 3, 4 in favor. Am I counting properly, I think I am. Mr. DiPietro: Very briefly. Just something that Mr. Fmdrick said that caught my attention. I thought about it earlier, and I'd just like to make it part of the record. Mr. Fredrick mentioned some correspondence that he had made to the Board at an earlier time. In my quick review of this file, it seems to me that over a 2 year period, there's been a lot of dialog, correspondence, petitions, meetings with Town Board members, Planning Board members, Zoning Board members. In the sake of remedy, and also in the sake of building a totally comprehensive record upon which will ultimately make it's decision, I ask you right now - the supervisor gave me the hint by saying all the records are in Town Hall in case the customer wants to know where everything is - I ask you fight now to incorporate, by reference, all correspondence, memorandum, contact reports, minutes of meetings on (inaudible) form been previously had in connection with this application, by members of the community, consultants, proponents, opponents, so that ultimately wherever this decision goes, now or thereafter, there's a full and complete record to be scrutinized. With regard to the traffic issues, I would very, very, much ask this Board whether it is was fatuous, or part of a plot that you take advantage of the period of adjournment until November to conduct your own independent traffic study. Because traffic study, generally, is big issue here. Certainly it's a big issue as far as Mr. & Mrs. Fredrick are concerned. And if we are talking about the expansion of the primary use ora car lot, a car sales lot, and a car repair staging and queuing area, and not accessory employee and customer parking, then you've got a big issue, an environmental issue, it's a threshold issue, and cannot be ignored. Rather than rely on one consultant or another who is being paid to represent an interest, to conduct your own independent study and have that at the November meeting. Thank you very much. Supervisor Cochran: Thank you. I will now take 3 - Mr. Penny - this gentlemen, you've had yours up earlier, and Ray Huntington. Mr. George Penny: Hi, George Penny, I'd like to urge the Board to assist the Mullen family in being able to deal with their future. Up until now, no one has said that they want Dick Mullen out of them, they just want it made prettier. Unfortunately, this changed under the last couple of speakers. I don't think that Dick Mullen is going to go away, and I don't think the neighbors are going to go away. The gist of what we're dealing with here, the lights, noise, buffing, and traffic are all dealt with by site planning. What this can or can't have is dealt with. There were several issues brought before the town and they were just for nightfall, lights put off a certain time. The same with a Texaco station on 48 - there were complaints fi.om the neighborhood, and special accommodations were made to it to address those concerns also. There is nothing that I see here that can harm the community. Dick Mullen is going to improve the cluster of traffic fi-om Cottage Place and take it offthe road. I know it's a little bit of havoc when you go to drop a vehicle offthem because you don't know where to drop it. There's people already parked on the street. He's going to move it offthe street so customers can use the space, and it's going to be better for everybody. I strongly urge that you go ahead with this. Thank you. Page 18 Public Hearing 10/12/99 Mullen Motors Zone Change the business going, you must expand. I don't think it's anybody's right to tell them to move, and I'm certainly not going to, but the question comes down to why do you have to rezone? Because once that gets done, and they decide to ever move, anything can go up. So, standing on that, I'm opposed to the application. Thank you. Supervisor Cochran: Thank you Fred. Is there anyone else against? For the first time. Yes ma'am. Ms Julie Sanford: Hi. I'm Julie Sanford again. I'd just like to point out. I think it was Mr. Jenkins. He said he had never heard of a cottage that had been torn down by the Mullen Motor Dealership. I just would like to clear that up that, yes, the Finney house on Cottage Place where the present employee parking lot now stands, that was where the house used to be. I just wanted to clear that up. Yes a house was torn down for a Mullen Motor car parking lot. Along with other houses that were removed off the Main Rd. We have never said that the Mullen dealership should totally up and move away. We are being reasonable. We are asking to see if you have what you have now, you have main road visibility. Please do not further expand and recede backwards into the neighborhood, or ruin our Rt. 25 scenic view. As far as all these bumpers saying beautiful parking lot, that's kind of a contradiction of terms - a beautiful parking lot. We are all supposed to look at this site plan for a parking lot and say oh, how beautiful. I feel like we're all looking at the emperor's new clothes and saying, oh they look great, but there are no clothes. I also wonder with all these buffers and trees and berms, how much land will there be to park cars. I also have some ideas that the town had been tossing around as to what to do with heavy uses in the town. I understand we don't want to ruin our north fork vistas, but I do recall there was talk of placing heavy uses near the railroad tracks with north / south access. What has happened to that idea? Is that still part of our master plan? Whenever the master plan is finished or created. For people that live on Cottage Place, if some people find that they can tolerate conditions there, not everyone can. Everyone may like nice, quiet streets, no traffic, being able to ride you bike, take a walk without worrying about being run over by a giant car carder, or getting run over by a tow truck. We all have to be very alert in our neighborhood watching out for things. It's just very unnerving to witness this giant car carrier going up on properties. This is a residential neighborhood. If this is a main road business, these things should stay up on the Main Rd., and not be coming into the neighborhood. We have enough traffic in our neighborhood just from the residents coming and going from the Main Rd. that we can't take the traffic from these Main Rd. businesses. I don't see how expanding this business is going to alleviate matters. Cottage Place congestion, I don't see how Locust Land should be the pollution to the mess on Cottage Place. When you expand something, it creates more material demand, and it triggers all additional things, more lighting, more traffic, more metallic cars, more ugly signs. It just creates more the same, and I don't see the logic behind that. Thank you. Supervisor Cochran: Thank you. I would like to now give the opportunity to anyone who has not spoken. Either pro or con. There are many people who have been sitting here for many, many hours. I've tried to handle this as fairly as possible, and I think I have. But at this point, the hours is midnight. I think the hearing is not going to be closed tonight. You can come back on the ninth and continue this, but due to the hour, I will take anyone who has not spoken on either way. I'll start on this side of the room. Mr. Foster and then Mr. Lizewski, and then the gentlemen in the doorway. 2 gefitlemen in the doorway. Go ahead. Mr. Artie Foster: Artie Foster. 73 years in business. Probably more years than most of us in this room have been on this earth. The man wants to create a parking lot in a nonconforming use piece of property and get a zone change. We're going down 48, and 124 pieces of land have Page 20 Public Hearing 10/12/99 Mullen Motors Zone Change changed into zones. He's been waiting 2 years, and we can't do something for this man. I think that's a crime. All you landscapers that are creating this false beauty with your bushes, you're out of here. Supervisor Cochran: Anie, please. Mr. Foster: I'm a local businessman in this town. I know how hard it is to do business around here, and how difficult it is when you have to deal with everybody. I remember when McDonalds was coming. All the people walking by and the posters. McDonalds is one of the prettiest buildings in this town. All the fears have disappeared. I don't see papers ail over the road like everybody thought there were going to be. The traffic problem isn't there. I think the man should be allowed to continue his family owned business for another 73 years. Who knows how long anything's going to be there? When those stoves start cooking, we're all going. Supervisor Cochran: Stop spreading fear. Mr. Foster: You can't move in next to the airport and expect the planes to stop flying. There has to be a reasonable solution. Supervisor Cochran: Thank you. Mr. Lizewski. That's a hard act to follow. Mr. Joseph Lizewski: Yes it is. I would just like to say that if somebody reads the paper and thinks that tourism is our mainstay of life, most of us in business would like to find out where the tourism is November, December, January, February, March, and April when our taxes come due and everything else. Tourism is very nice, but it's certainly not a mainstay for most of the local businessmen. Most of us who live here year round know that. I think that one of the things that keeps being broached is why Mr. Mullen would want to have this whole thing zoned business. As a businessman, I can tell you that it's probably money. IfI was to buy their property, and I couldn't have any use for it in the future, and I was paying a certain amount of money for it, I certainly wouldn't want to buy it. It's just that simple. It's dollars. It has to be. If your not going to have a value - if you're not going to have a chance to use it in the future, why would you buy it? And the other thing is, I don't know if people realize how tough it is to go through the site plan process around here. I mean basically you could do nothing in this town without going through a very rigorous site plan. You might not have any rights to your business property unless the Planning Board decides to give them to you. Any changes that would be made, even on any kind of property, B, LB, anything. This determining site plan may take years. And those determinations can be fought here on this open forum. They usually are. It's not easy to give changes on the North Fork, and it's certainly not something that you can assume that just because the zoning change was given to you as business anything's going to happen to it without having a say on it. The Planning Board is very tough to get through. Anybody who's dealt with them knows that. You do have another recourse, if I was a businessman, and I knew that that was zoned wrong to begin with, and I could never use it for any of the uses I intend to use it for in the future. Or I may try to get something else done on it, why would I want to buy it? It's one of those things where you can ask, but if you want to pay for it, I think that's fine. I don't blame anybody for trying to get what they need to expand their business. In this town, how many successful businesses can you have? Look down the road at all the empty stores you have in Southold. Here you have a successful business, and here we're trying to stop this successful business from continuing. Again, a lot of these complaints, like George Penny said that the sidewalk, the lighting, all these things - they are addressable. I think they are addressable through the site plan, and those are really small reasons if you really want to get down to it. l Page 21 Public Hearing 10/12/99 Mullen Motors Zone Change think you'd find that something to this magnitude goes through - that those things would be addressed. They could be addressed. I don't thing the Mullens are backing down from addressing those problems that a lot of people have addressed here. I think that there's a feeling here that something's going to happen here that shouldn't happen. On the other hand, if you put yourself in his shoes, you end up paying a large amount of money for that property. Would you buy it if you thought that you would never be able to use it for what you may end up doing in the future? Or allow your business to expand comfortably? Especially after what you're going through in the first place. Two years of this nonsense trying to get it zoned, or to even consider buying it. Would you do it? I think some of the people who complain should just try to put themselves in the other persons shoes for a little bit. Maybe you can soften a little bit on how you really feel about this. Because if you had that business, and you wanted that property, what would you do? Would you want a zone change before you bought the property, or would you want to buy property that you couldn't use for anything, or you couldn't improve the way you wanted it? So, it's really clear to me that Southold still has to grow. We have a tendency to stop all growth. We have a feeling that we want to shut the door somewhere past Laurel, and we don't want anybody to come in, and we certainly don't want it to grow. But I've always said our greatest export is our children. But business is business, and people still have to have it. We need those service industries. This is not one that's going to go away. Some of these problems that people talk about are not going to go away. The track that delivers cars is not going to go away. The zone change has nothing to do with that. You're not going to stop that from happening. I go down there and drop otTmy car, I search for a parking place. You're not going to stop me from riding down that street. I can ride up and down that street all day and do nothing. That's a public street. Some of the things that people want are not going to go away, and they're not going to change. I live on a comer in Cutchogue. There's not much I'm going to change about traffic on my comer, I'll tell you that. It's a public street. You can't do a lot about traffic on a public street, unless you own it. There are a lot of fears, and I think, a lot of misconceptions about what can really happen and how easy it's going to happen. That property gets zoned business, it's not an easy thing for Mr. Mullen to do anything else with that property. He has the right to go to the Planning Board to get the right to do it. Everybody thinks that you have - (tape stopped) It's not going to happen. A lot of these fears that people have, thinking it' s going to be so easy. They are not so easy anymore. There have been a lot of Board changes since 1995 that make it almost impossible to start. I'm for Dick Mullen's zone change. Thank you very much. Supervisor Cochran: Thank you Joe. Gentlemen, there's 1, 2, and then 3 in the doorway. The 3 gentlemen in the doorway with you finger up. Either pro or con, please. Then I'll go to the middle. Then I'll go to this side of the room. Mr. Frederick Schoenstein: My name is Fred Schoenstein, I'm a fellow businessperson in the town of Southold I'm here on behalf of the Mullen Motors proposed, I'm going to call them improvements, not expansion. It is a form of expansion, but all the problems that I've heard tonight about the parking and the cars being in the road and stuff like that, even possibly car carriers. If there's a lot that's in the back that will take 35 or 36 more vehicles than right now, than what's the difference if it's an employee that's parking in that spot or a customer that's there for a service, or if it's a new car, or if it's a car carrier possibly turning around to go back out onto the Main Rd. I don't drive a Dodge, and I don't drive a Jeep, but I've known the Mullens for 25 years. My opinion, he runs a first class operation. His business is a big asset to our community. More that supplying and servicing vehicles that you drive. How much taxes does this man pay? How many donations does this man make? How many families rely on their paychecks from this business? I am sure his payroll is up there. This money goes into our Page 22 Public Hearing 10/12/99 Mullea Motors Zone Change community, and is a big benefit. Here is a family business that is fortunate enough to survive for 73 years. Fortunate enough to have the money to expand and do it fight. I saw the proposed parking area plan with the extensive landscaping and berms. It's probably going to be the most expensive parking lot on the North Fork. It looks more like a park, and not like a parking lot. I would hope the Town Board will vote in favor of this improvement. I'm sure if it's passed, they will do a first class job, and it will be tastefully done. Thank you. Supervisor Cochran: Thank you. In the plaid shirt. Ms. Linda Bertani: I'm going to be out of the country on the 19t~. Supervisor Cochran: You shouldn't say that publicly. That yo~u're going out of town. TV has run out of film Go ahead. Ms. Bertani: I'd like to speak in favor of the zone change for Mullen Motors. My mother lived on Founders Path. Prior to her death, she used to go maintain office at the Wharfhouse~ I was in that area a significant amount of time, and I never really noticed that there was a bad traffic problem except of course, on Cottage Place, and everybody has to say that. I think that this proposed parking lot is really going to alleviate that, and I think it's going to be also a good thing when that parking lot and the buffer goes up on Locust Lane. Because after I'd go to visit my mom, I'd go to 7-11 for coffee at night. All I saw in that vacant lot was kids hanging out throwing garbage all over the place. So, I think this is going to alleviate that and I think if I lived on Locust Lane, I'd like to see that alleviated. I am in favor of changing Thank you. Supervisor Cochran: Gentleman in the plaid shirt. Mr. William Witzke: I'll try to keep it brief. My name is Bill Witzke. I'm a second-generation business of family business here in town, across from the Mullens. My family owns property across from the Mullens. First of all I'd like to say that they have been a great neighbor. Second, if these individuals have such concern that this business is causing such a hazard to the neighborhood, and if they feel that strongly about it, and they feel that possibly they should move out of the area to a second location, so be it. But I would say put your money where your mouth is and offer the Mullens fair market value for the property. Which we know is kind of ridiculous. It's very easy to stand back and say that they should stop growing at this point. Where do we say the business should stop growing? Why is it so successful? He's successful because he's doing a great job with his business, and fortunately, he isn't causing some of these problems, his neighbors are causing some of the problems by (inaudible). I strongly suggest that the town look at this from a common sense of the point. Stop wasting all a lot of time and money. Mr. Mullen spent a lot of time and effort on this thing. It's time to put this thing to rest and resolve it. Supervisor Cochran: Thank you. Sir? Mr. Thomas Sledjeski: Thank you very much. I'll keep it as brief as possible, it's getting late. Madame Supervisor and members of the Board. I live on 1170 Highland Road, Cutchogue. Ladies and gentlemen of the audience. So far we've heard a lot of speculation in opposition to this potential zone change. Quite frankly, I think the speculation really leads to fear and fear can lead to falsehood. I urge you to use common sense which would lead to logical discussion and hopefully fact finding and truth. The one issue that I don't think has been addressed enough is the drain that we suffered around here in the losing young people to the western end or city jobs or someplace else. This is a family which supports, not only themselves, but at least 30-35 other Page 23 Public Hearing 10/12/99 Mullen Motors Zone Change families. Local families, hard working families, people who need the jobs. The tremendous drain of friends that I've seen that have left this area, friends that I'm sure you've all seen - my generation and younger people - push these people that have stayed. One of the reasons they left was because there aren't jobs. There aren't many people who can look themselves in the face, and in the mirror every morning, face themselves and say, you know what, I support this community. I support their many families, I'm a good friend, I'm a good neighbor, and I'm a good citizen for this town. Thank you very much. Supervisor Cochran: Thank you. I will take you, ma'am. Then who else had their hand up in the middle? Okay, I'll take Ed Dart. Ms. Therese Simchick: Good evening. Terry Simchick, New Suffolk. Supervisor Cochran: Ed, I've got 2 before you. Ms. Simchick: I'll be brie£ I'm Therese Simchick from New Suffolk. I do not know Junie Albertson. But I know Rich Mullen. Rich Mullen is no Junie Albertson. I don't think they are attempting this zone change to rip down Colonial Corners. It's never been brought up. It's never been posed that they are going to take the whole area and change it, and destroy all the buildings in Colonial Corners. The issue is the small parking lot area. I think that should be focused on. It is a small amount of land, and I do believe it will increase the beauty of the area. My husband works for Mullen Motors. On behalf of the many employees that are here tonight, I would like to say that they have provided enough opportunity for us to stay here. We just had a high school reunion. There are people I grew up with that live in Glen Cove, and say; how can you afford to live in Southold Town year round? What's your husband do for a living? Mullen Motors provides a retirement plan for my husband. We're allowed to stay, to live here, be in the community. Rich and Bill Mullen and their wives want to keep the business going. They haven't ended it in the grand exodus like a lot of people we grew up with. They want to stay and they want to continue to contribute to this community by providing a livelihood for all of us. I know that's just a bit of emotion from me because I am involved in it in that respect, but logically, it seems to me that it's a small area. We need to focus just on that parking lot area. They've complied with everything they've been asked to do, and we strongly urge that you support their request. Thank you. Supervisor Cochran: Thank you. Yes. Ms. Barbara Szczotka: I'm Barbara from Southold. I'll try and keep this short and simple. Supervisor Cochran: Thanks Barbara. We have to be back at 8am to do budget. Ms. Szczotka: My heart goes out to the Mullen family. We also work in a family business on Rt 48 which is - Supervisor Cochran: We're familiar with it. Ms. Szczotka: I grew up with Dick Mullen. My kids and his kids went to school together. His business has been there 73 years, ours has been there for 65. He's been there longer than we have. His business has fortunately grown with our town. This has been a successful business, family owned, for 73 years. I can tell you why. Because Dick Mullen is a kind and considerate upstanding citizen, as well as his family members. Most people would vouch for the fact that he Page 24 Public Heanng 10/12/99 Mullen Motors Zone Change is honest and straightforward. He certainly does not wear a pinky ring or gold chains around his neck, white shoes (laughter). A lot of businesses in this town have changed hands or gone out of business. He's still here and that should tell you something about this man and his family. I'm sure that most of the people in this room have bought a car from him at one time or another, and used his services. His customer service department is one of the finest, and is ranked No. 1 in the nation. Just ask any of his patrons. His awards also testify this. Did the neighbors to Mullen Motors have a blind eye when they moved into the area? Didn't they look around at the surrounding properties? He was there before they were. They should have been aware of the type of business he had. He certainly would not do anything distasteful to his property or to anyone else' s property. He cares about our town, and the quality of life here. That's why he still lives and operates his business here. Town Board wants to keep the businesses in the hamlet, well here we are again. Mr. Mullen is trying to keep his business in the hamlet at the price of some of the businesses on Rt. 48. I respectfully ask that you let Mr. Mullen go ahead with this plan, and continue to serve our community as you always have with the utmost of honesty and integrity. Supervisor Cochran: Thank you. Mr. Dart is next. And then I'll take you, Sir. And then Mr. Scott in the back. Mr. Edward Dart: Hi, I'm Ed Dart. Normally I'm in bed at this time, and I've missed my chance to be on television. But I'm speaking to you tonight, partly as chairman of the town tree committee, and partly with some personal thoughts on this. The Mullen family's effort to enhance their 3-generation auto enterprise got off to a very unpopular start with the removal of the trees on Locust Ave. In my capacity as tree committee chairman, I'm a tree observer. I'm not necessarily a tree hugger, but I'm certainly a tree observer, and I can tell you that I've been observing the trees on Locust Ave. for lots of years, and they were not a particularly attractive nature, and provided no significant buffer to the houses in this community. In my view, a neatly planted, natural design, well maintained, screening hedge would be more effective and a greater asset to their neighborhood than what was there, or is there now. No way should the removal of the trees have any negative bearing on the Mullen application. That's a personal thought. I think that as long as this is still the USA, and entrepreneurism is the backbone of our economic growth in this country, something we could really use more of in Southold, I personally believe that the Mullen family should be given the opportunity to improve their business. And in a similar fashion, all other business landowners in the town should likewise have their options preserved. Thank you. Supervisor Cochran: Thank you Ed. Yes Sir. Mr. Fredrick: I think it's an insidious idea being put forth. It's being characterized as a parking lot. The issue here is not a parking lot; it's a zone change. I've heard numerous people get up and say there's no traffic on Cottage Place. I live on Cottage Place. Nobody has any numbers. It is a problem. I live with it every day. Somebody says, it's not in my backyard. Well it is my backyard. I just like to say that's it's more than a parking lot someone's talking about with the zone change. I'll tell you, I'm a businessman. I work very hard at it. And I have no ill feelings toward the Mullens. I don't know them personally. The people value their integrity and they've been here a long time. Everybody likes to see business, and likes to see it grow. But my question is, at what price? To destroy the value of my property. I wish the Mullens well. I hope the business can grow. But I feel it's grown out of the place where it is. To grant the zoning change is to open a Pandora's Box. Let's address the real issue. Page 25 Supervisor Cochran: next. Public Heanng 10/12/99 Mullen Motors Zone Change Thank you. I'll take fi.om the center. Mr. Scott - I believe you were Mr. Robert Scott, Roberts Jewelers, Southold: My name is Bob Scott. I've been in business since 6/10/85. When I opened my store, and I came to this town, I didn't run it the way I wanted to. I ran it the way the public wanted it. One of the first things I did when I opened my business is I went around and asked my neighbor retailers - how should I run it, how has it been run? I didn't tell them - this is way we're going to do it. I came into your backyard. I came into your hometown, and I did it your way. And I still do it your way. Dick Mullen was here long, long, time probably before LaGuardia airport. When LaGuardia airport was first started, there were very few houses, if any, around it. Through the ensuing years, a lot of houses went around it. Then there was a lot of noise. Because there were a lot of houses around it, people complained about it. The airport was there first. The people moved in afterwards. Unfortunately, Dick Mullen has to grow. His business must be good because people evidently keep coming back and he stands by his word every step o£the way. He can't paint a picket fence, but other than that, he's a good man. He deserves the respect of a good businessman who has turned around and employed a lot of people. On the other hand, I understand that the community too, who turns around and wants their needs satisfied as well. But when you see a man that's been here this long, and has tried this hard. If he really wanted to do it - there's an old adage that goes around the back ears o£ what we hear - don't get a permit, just do it and pay the fine. Dick isn't doing that. He's going right head to head and getting it done the right way. He always has and always will. I admire the man for it. Thank you. Supervisor Cochran: Thank you sir. Anyone in the middle here. Anyone else? If not, I'll go over to this side. Then I'll come back. Mr. Albert Goldsmith, Jr., Goldsmith Boatyard, Southold: I'm a resident of Southold Town. I live within a quarter o£a mile of Mullens business. My business happens to be within a quarter of a mile fi.om their business also. I was happy to see my son stand up tonight and speak his peace in favor of Mullen. I think whatever decision the Board makes in this case is going to affect not only the Mullen property, but our business, and a lot of other businesses in this town. I think the matter of the traffic congestion, you hear more cars going up the road screaming fi.om 7-11 and the beach down on Founders Landing, going up Town Harbor Lane, Hobart Rd., Old Shipyard, Cottage Place. These cars aren't a result of Mullen. They're a result of 7-11 traffic. I just want to go on record as saying I support the Mullen property, and I hope the Town Board goes along with it also. Thank you. Supervisor Cochran: Thank you. Yes ma'am. Ms. Susan Nine: My name is Susan Nine, and I work for the Mullen family. I just want to say that I hope the Town Board supports their zone change to be able to expand to the parking lot in the back. A lot of businesses, particularly ours, people were saying that we are selling out of the back yards. It's totally untrue. We use that space in the back for our employee's cars, for all of the sold vehicles - we are not using it for storage of vehicles to sell. We work very hard to try to keep the traffic flowing. It is an issue with the cars. I, myself, live down Hortons Lane. There is a very large dealership there, Lucas' Ford. And we have traffic all the time. It does not hurt the property values. It was there prior to your moving to the neighborhood. Supervisor Cochran: Address your remarks towards us. Page 26 Public Heanng 10/12/99 Mullen Motors Zone Change Ms. Nine: I apologize. There are so many untruths about what is going to be done, or what is going to happen in the future. No one can tell. The Mullens are a wonderful family, and they do everything that they possibly can to make this a better place for themselves, the future, and for everyone. As an employee of the Mullen Dealership, we hope that you can approve their zone and be able to help us. Thank you Supervisor Cochran: Thank you. Anyone else from this side? Is there anyone that hasn't spoken? I called on you an hour ago, and you never took it. Come on up. Mr. Frank Locrotondodo: My name is Frank Locrotondo, and I live on Town Harbor Lane. A little bit about the character of Mullens. My son, as a small boy, was able to walk in the showroom, and was treated with the same respect as any qualified buyer. As far as the parking lot in the back, if they want to throw cars out of there, new cars are less likely to leak than old cars. The lot back there is a mess. I stand down there every day of my life, I stand in front of that lot, and it's absolutely a mess. Any improvement there will be well worth it. If they want to rezone Colonial Coruers, it has no architectural or historical value. So what if they bulldozed the place to put in a new showroom? Obviously the bay window in the front is a nice looking addition to the building. They've been around, you know, I'm just saying I don't see anything underlying or anything like that. I just want to offer my support. I moved to that area so that my children could be close to town, could get to the library, could get to the stores, Cottage Lane is a mess. Getting cars off of that road couldn't do anything but help. If they are forced to leave that area, you know what it's like to have a bank pull out. You have an empty building. You know what it's like to have a lumberyard pull out, you have an empty building there. What happens if Mullens goes up to Rt. 48? What will you have? You'll have an empty car dealership. Thank you. Supervisor Cochran: Thank you. I'm taking only people who have not spoken at this time. Yes sir. Mr. Charles Rand: Good evening, my name is Charlie Rand, representing Robert Hopkins, Commander of the Southold American Legion, GTG Post # 803. I'm here on behalf of my commander, hopefully, I'm not out of order. I'd like to speak to the Town Board with regards to the RO zoning change, or am I out of order? Supervisor Cochran: You're in the wrong hearing. Mr. Rand: In that case, I'm Charlie Rand, representing Robert Hopkins, Commander of the Southold American Legion, GTG Post # 803. In regards to the Mullen case; this gentleman and his family have been here many, many years. When I attended college in Southampton University, I did not study drugs then. I actually studied for a change, which is nice - it had to do with Real Estate Law. If you were a landowner, and this is applicable to everything which is going on right now, you have a certain amount of rights. Certain things which you could do to you property. I address you, the Town Board, common sense, please common sense. He does own the property. He does have the right. As far as the folks in the surrounding area, when you moved in, buyer beware. They taught us this at .real estate appraisal school. I'm just bringing common sense to you right here, right now. Supervisor Cochran: Thank you Mr. Rand. Anyone who has not spoken in relation to - I don't think you did on this one. Okay, and McCarthy. Page 27 Public Hearing 10/12/99 Mullen Motors Zone Change Mr. John Costelio: I totally 100% support this Mullen application. The ad in the paper as we started off the night, with Council Grossman, then with Council DiPietro. They both mentioned the surrounding areas are totally residential. I can quote it from the paper. The residential communities surrounding the Mullen Motor Dealership. We all know anybody who lives in Southold Town. The attorney's probably don't live in Southold Town. We all know that it's not surrounded. There's a road on one side, Colonial Corners, 7-11, a hair-cutting shop across the street. We all know that. Everybody who lives here is concerned. One of the articles in the paper, the applicants are less than forthcoming. We all know, each and every one of you know, if anybody is truthful and forthcoming, it's the Mullen family. Never have they ever done anything different than that. The other thing that everybody is concerned about is the rural character of this town. In this letter, the success of our small town charm is this small family operated business. No one should want to do without that. I just hope my son can stay in the same business, in the same area, in the same town. I hope everyone whose spoke tonight with a family in Southold Town has the opportunity to remain here. Let me tell you what the Mullens have done for the young, working people in town. They employ some odd 30 people, I hope they employ 40. I hope they keep it in the same general area, so they don't exploit some of the open spaces, and some of the zoning concerns that you have in other parts of the town. Please don't move. Don't let them move. Don't let them scatter the car businesses throughout this town. Let them concentrate it, let them do it, let them handle it with a planning system that you have in your hands. You have the zoning tools, use them. You can make an arrest, and they will clean they property up. You can insist, and they will do everything that you want. Remember when the mom and pop stores were here, when we were kids? They were everywhere. They are gone. Do you know why? Shopping centers up west. We can't go back to yesterday. None of us can. But we can look forward to the future, and maintain some of our youthful opportunities in this area. You know what the youth are going to do, that have jobs in this area? They are going to buy a house. They are going to maintain a house. They are going to have children. He provides a lot of that in the town. That's important. Without that, this town would have nothing. We need that mix. Encourage it. Keep a business like this in the town. Thank you. Supervisor Cochran: Thank you John. Anyone else? Mr. Thomas McCarthy: I'd just like to lend my support, my wholehearted support for the Mullen application, the Mullen family, and the way they conduct their business. I almost feel, and it's kind of a sad thing, I almost feel we're doing the eulogy for Mullen Motors tonight. Everyone standing up and saying how they feel. I really don't think it ought to be a eulogy, we ought to embrace the Mullens, the way they do business, and let them expand within the hamlet. I think what's really, some issues, one of them might be timing. Had the Mullens owned Colonial Corners or the lot behind it, when the last zoning change came around, they probably would have wrapped the B zone around those properties, around the vacant piece, as well as what's zoned B right now. Mullen is at a disadvantage because it's an issue of timing Had they owned those properties back then, the last time the zoning changes came around, they'd be B zoned today, and they wouldn't have these issues. I ask that you don't let them suffer for a lack of the issue of timing. Another issue that Mr. Grossman pointed out was that there were other locations around if they wanted to relocate their business. I really don't think they should. When I think of a hamlet, I think of Mullens. I think they are the backbone of the community, with the type of people they are, the number of people that they employ, and the way they run their business. Just as a point of issue, Mr. Grossman said there are other locations for them to locate their business. If and when the Kramer Report goes through and the zone changes are made on Rt. 48, I've spent a bit of time studying this, and in the zip code 11971, there will be 2 vacant B zone properties that are unimproved The Kramcr Report is not only changing things Page 28 Public Hearing 10/12/99 Mullen Motors Zone Change on Rt. 48, it's virtually eliminating any B zoned properties, and eliminating locations for the Mullens to relocate their properties. One is a 1-acre piece on the Main Rd. in Southold, and another is a 3A acre piece on Rt. 48. There will be no more vacant B zoned properties, unless that report doesn't go through. Mr. McCarthy: Sometimes I think the town loses sight of our future. I think the Mullens are a big part of our future. When it's time to sell their business and get out, I think it' s time for me to get out too. Thank you. Supervisor Cochran: Thank you Mr. McCarthy. Anyone else who hasn't spoken? Sir? Mr. Joseph Schoenstein: Yes, my name is Joe Schoenstein, and I own a business in town, and I have a residence in Southold too. I want to speak on behalf of Mr. Mullen and his idea of putting in a parking lot. I think one of the things that is missed is that it's extremely low impact for the area. I think it's extremely slight for what he wants to do. There's no damage or impact to the area whatsoever. He wants to put some shrubbery in. He wants to park some cars. It's definitely going to help the road situation. I don't understand all the reasoning and the amount of time the people have put into this. I just don't understand. To put in a simple parking lot - to park some cars. They brought up tonight about hotels and motels and that kind of thing, that could also be a possibility, and the food chain would be all night, parking, cars in and out. What he wants to do - they go home. They close at 5pm That parking lot, basically, will be closed up. Whether the lights go out or not, that's going to be up to you guys to decide. But it's a low impact. 7-11 goes on all night. Restaurants go on all night. Bars, any businesses that are open to the public would be much more of an impact than what he wants to put in there. Thank you very much. Supervisor Cochran: Thank you. Is there anyone else who has not previously addressed the Town Board? Anyone wants to speak who has not yet had the opportunity for the first time? Okay, I'll take your comments. Ms. Melanie Sanford: Melanie Sanford again, Locust Lane. I do know the Mullen family too. I went to school with the Mullens, I think there was probably a Mullen in every class growing up. Christine was in my class. Ritchie was in my sister Holly's class, and I think Billy is a year older than Julie. So, I do know the Mullen family, and the Mullen family knows us. But there is cause of concern with this application, and it has to do with the site plans. Everyone has said it' s going to be a beautiful parking lot, and it's going to be buffered, and everybody who has stood up here tonight and made those claims, I would like to invite them all to the Planning Dept., and look at the old site plans. What is on paper and what is actually present at the site. It was much to our amazement. We didn't find out until 1997 that a lot of what's on the property shouldn't be there. There are actually violations existing on the property. For everybody who thinks that it's going to be a wonderful thing, that you should probably examine the facts. There are things that we are unhappy with, and they are specifically involved with site plan violations. Everybody who said this is going to be a wonderful thing, and it's going to look like that photograph over there, I'd like you look at the old site plans in the Planning Board Dept. Go to the Planning Dept. They are very helpful, they will point you to right to the files. Look at those old site plans. Thanks a lot. Supervisor Cochran: Thank you. I'm going to - I think everyone's had the opportunity to express themselves. I am not closing the hearing, I'm recessing the hearing. If there is anything you would like to send in writing, you send it to the Town Clerk. It will be put into the record. }'age 29 In the Matter of the Application of RICHARD F. MULLEN, III and WILLIAM MLrLLEN lVti:} 1 999 AFFIDAVIT OF POSTING I, Richard F. Mullen III, do hereby certify that official notices of the Town Board of the Town of Southold were posted on premises located at Main Road (NYS Route 25) and Locust Avenue, with one sign on each of said roads, on October 4, 1999, and that said signs have been in place for at least seven (7) days immediately preceding and including the date of the Public Hearing on the proposed rezoning. I further certify that I am one of the applicants for this proposed rezoning. Richard F. Mullen, III STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Sworn to before me this {oq~ day of October, 1999. NolaJ'y Public, State ot Ne~ Yod~ No. ~7~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M.. Tuesday. October 12. 1999 on the proposed Change of Zone application of Richard F. Mullen. III and William fi. Mullen. d/bJa Mullen Motors. Inc. for a change of zone from Hamlet Business (fiB) and R-tI0 Residential District to General Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. (~o~Zabeth 'A. Neville/ uthold Town ClerR Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of SouthamptonI~ Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department / / Received By ~ // Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fmx (516) 765-6145 Telephone (516) 765~1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M., Tuesday, October 12, 1999 on the proposed Change of Zone application of Richard F. Mullen, III and William FI. Mullen, d/b/a Mullen Motors, Inc. for a change of zone from Hamlet Business (HB) and R-40 Residential District to General Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. (~ abeth'A. Near!lie./ :3outhold Town ClerR Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenportl~/ Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Received By Title ~ ~ Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M., Tuesday, October 12, 1999 on the proposed Change of Zone application of Richard F. Mullen, III and William H. Mullen, dJbJa Mullen Motors, Inc. for a change of zone from Hamlet Business (ttB) and R-40 Residential District to General Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. (~zabeth 'A. Neville Southold Town Clerl~ Attachments CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Received By ELIZABETH A. NEVILLE TOWN CLERK REGISTR.~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE ToWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M., Tuesday, October 12, 1999 on the proposed Change of Zone application of Richard F. Mullen, III and William H. Mullen, d/b/a Mullen Motors, Inc. for a change of zone from Hamlet Business (HB) and R-ti0 Residential District to General Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island [/ Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department ReceiVed By 4/ Title Date ELIZABETH A. NEVILLE ToVgN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 1, 1999 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M., Tuesday, October 12, 1999 on the proposed Change of Zone application of Richard F. Mullen, III and William H. Mullen, d/b/a Mullen Motors, Inc. for a change of zone from Hamlet Business (fiB) and R-~0 Residential District to General Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of th]s letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. (~zabeth 'A. Neville/ uthold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commlsslon/ Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department/ ,'~ ', /Redeived By~ . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 RECEIVED OCT § 1999 smdt l Town OFFICE OF THE ToWN CLERK TOWN OF SOUTHOLD October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M., Tuesday, October 12, 1999 on the proposed Change of Zone application of Richard F. Mullen, III and William H. Mullen, d/b/a Mullen Motors, Inc. for a change of zone from Hamlet Business (HB) and R-q0 Residential District to Ceneral Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. -- (~zabeth'A. Neville/ ~outhold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Islapd Town of Riverhead~ Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department / Received I~y Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M., Tuesday, October 12, 1999 on the proposed Change of Zone application of Richard F. Mullen, III and William H. Mullen, d/b/a Mullen Motors, Inc. for a change of zone from Hamlet Business (NB) and R-q0 Residential District to Ceneral Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. -- (~zabeth'A. Neville/ 5outhold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appealsl~- Southold Town Building Department Received By Title Date ELIZABETH Ao NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M., Tuesday, October 12, 1999 on the proposed Change of Zone application of Richard F. Mullen, III and William H. Mullen, d/b/a Mullen Motors, Inc. for a change of zone from Hamlet Business (HB) and R-q0 Residential District to General Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. (~ozabeth 'A. Neville/ uthold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board v/ Southold Town Board of Appeals Southold Town Building Department / Received Title Date ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~2 OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 1, 1999 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing at 8:20 P.M.. Tuesday. October 12. 1999 on the proposed Change of Zone application of Richard F. Mullen. III and William H. Mullen. d/b/a Mullen Motors. Inc. for a change of zone from Hamlet Business (HB) and R-o~0 Residential District to General Business District (B). A copy of the Town Board resolution is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. -- (~zabeth'A. Ne~v?e./ ~outhold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Departmentl~' Received By Title Date I'1'1 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 8:20 P.M., Tuesday, October 12, 1999, on the proposal of Richard F. Mullen, III and William H. Mullen, to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from Hamlet Business District (HB) and R-40 District to General Business District (B) Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated on a diagram of lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the office of the Suffolk County Clerk as Lots 1 & 2 and Lots 26, 27 & 28 and described as follows: BEGINNING at a point at the intersection formed by the southerly line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place of beginning along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janlce J Szczesny; THENCE along said lands of David & Janice J. Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17 degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West A distance of 109.47 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 seconds West a distance of 171.70, feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 seconds East a distance of 98.92 feet to the point and place of BEGINNING. SCTM# 1000-62-03-22.1 and SCTM# 1000-62-03-24.1, containing 1.2~,84 acres. Dated: September 28, 1999. ELIZABETH A. NEVILLE TO~arN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ha]l, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOV/N OF SOUTHOLD TO: ALL DEPARTMENTS FROM: BETTY NEVILLE, TOWN CLERK'~'~ RE: MULLEN MOTORS CHANGE OF ZONE DATE: OCTOBER 13, 1999 THIS IS A REQUEST FOR COPIES OF ANY AND ALL MATERIAL THAT YOU MAY HAVE IN YOUR DEPARTMENT WITH REGARD TO MULLEN MOTORS FROM 1997 TO THE PRESENT. IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW. THANK YOU. 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECEIVED OCT 1 1999 ,~lf~oId Tnw. APPLICATION FOR CHANGE OF ZONE MADE BY RICHARD F. MULLEN, III AND WILLIAM MULLEN INVOLVING PROPERTY SCTM# 1000-62-03-221 AND 24.1 A'I-I'ORN EY AFFIRMATION October 12, 1999 TOWN BOARD OF THE TOWN OF SOUTHOLD: I, ADAM B. GROSSMAN, ESQ. hereby affirm the following under penalty of perjury: 1. I am an attorney duly admitted to practice law in the State of New York, having an office at 120 Court Street, Riverhead, New York. 2. I, along with Carolyn A. Zenk, Esq., am the attorney representing a number of homeowners in Founders Estates~ a residential community surrounding the Mullen Motors car dealership, located south of New York State Route 25, near Locust Lane and Cottage Place, in the Town of Southold. 3. I submit this attorney affirmation, which has the same force and effect as an affidavit, in opposition to the application for change of zone made by Richard F. Mullen, III and William Mullen involving property located in the Town of Southold, Suffolk County, State of New York, SCTM # 1000-62-03-22 land 24.1 4. My clients retained myself and Ms. Zenk in September, 1997, to represent them in connection with this matter. 5. For ~vo years, my clients have been following this zone change application, and for ~wo years they have been placed in a position of literally defending their residential community. 6. Despite this, many have characterized their efforts in a negative light, when all they have sought to do is to exercise their rights as citizens of Southold Town. 7. This public hearing is being held after my co-counsel, Carolyn A. Zenk, Esq., 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 was denied a request to reschedule this public hearing due to a conflict in her schedule. This Town Board knows that she could not be here tonight. Since she could not attend tonight's public hearing, I am here in her stead, but wish to emphasize that Ms. Zenk wishes to additionally be given the opportunity to submit testimony at this public hearing. It is my hope that the Town Board would grant Ms. Zenk that opportunity, perhaps at the next meeting of the Southold Town Board. 8. Attached to this Affirmation are several documents which I would like to have included in this pubic hearing record, specifically the following documents: a list of 14 site plan violations by the applicant, affirmation of Carolyn A. Zenk, Esq. dated September 29, 1997, affirmation of myself dated January 28, 1998, and legal memoranda of Carolyn A. Zenk, Esq., dated February 11, 1998, June 29, 1998, July 9, 1998, and August 27, 1999. Also being submitted this evening is a copy of the Protest Petition pursuant to Town Law Section 265, Affidavit of Marc E. Charest dated June 25, 1998, several photographic exhibits to the August 27, 1999 legal memorandum of Carolyn A. Zenk, Esq. and this affirmation, the Protest Petition itself pursuant to Town Law Section 265, and the Petition in opposition to the zone change application which is the subject of this public hearing. 9. As the attached submissions attest to, this residential community takes the zone change application before you tonight very seriously. 10. At this time, I would like to state my objection in procedure of this public hearing. Although the public hearing was scheduled in connection with this zone change application, no written comments have been issued by the Southold Town Planning Board and no SEQRA determination has been made by this Town Board. If there have been any actions taken by either board, these actions were taken within hours of this public hearing, which in effect denies those of us here tonight an opportunity to review any actions taken and 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 comment on them at this public hearing. It is my understanding that this public hearing is to give this Town Board input. I also have to comment that there are so many public hearing scheduled for this evening, that if fear the atmosphere will be rushed. This application has been processed for~wo years now. I cannot understand why the Town Board scheduled this public hearing without giving the public an adequate opportunity to comment on the SEQRA and planning issues associated with this zone change applicatiom 11. However, since I am here before you as are many residents of Founders Estates in opposition to this application, I am going to do my best to cover the issues raised by this application as I see them. 12~ I first wish to emphasize that a zone change is a purely legislative act, and that this Town Board is under absolutely no obligation to grant the relief requested by the applicant. As a purely legislative function, unlike a special permit or special exception, your decision is purely discretionary. Therefore, I would urge this Board to JUST SAY NO to this application. 13~ There are many reasons this Town Board should deny this application, not the least of which is considering that this community will be forever changed if you grant this zone change. This is a residential community surrounding a business use. Expansion of the business use is what is before you. There are families who live in the surrounding community who are in no position financially to pick up and move somewhere else, as some have suggested in the print media. Yet the applicant could consider other locations which are more appropriate locations for an expanded car dealership. This site is simply a bad location for an expanded car dealership. 14. There are safety issues that must be considered by this Town Board. Children live in the surrounding community, and the traffic impacts have not been adequately addressed as I will outline later in this affirmation. If there is increased business traffic due to an increased business use, it will undoubtedly 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 negatively affed the surrounding community, or even worse, could result in tragic consequences for neighboring families. 15. The Town of Southold has a tourist based economy. People come to Southold Town to witness the beauty of this special place. Granting this application will change this small part of Southold Town, and make it seem more like a suburban neighborhood. This Town Board must take seriously it's obligation to adhere to sound planning principles and must focus on the detrimenta effect this application will have on this residential community. Having a car dealership which shouldn't be next to a residential community to begin with expand worsens an existing problem. It will create visual blight, suburban sprawl, and will make this part of Southold Town look more like western Suffolk County. This in turn will remove part of the reason tourists travel to Southold Town in the first place. Simply put, granting the relief requested is bad planning policy for Southold Town. 16. Southold Town, not unlike many other Towns on Long Island, has had difficulty with areas zoned "Business Uses" which are directly adjacent to areas zoned "Residential". As a result, many residents of Southold Town who live in residential communities find themselves surrounded by businesses, along with the traffic congestion, noise, and late night activities which often cause disruptions on a daily basis. These residents also on occasion suffer a loss of property values, and in some cases their location makes it nearly impossible for them to sell their residential homes due to the neighboring businesses. This is most certainly the case with residents of Founders Estates who have had to persevere as Mullen Motors has obtained permission for expansion upon expansion of their existing car dealership which is directly adjacent to a residential community. 17. Before going any further, I wish to bring to the attention of the Southold Town Board that on June 29, 1998, my co-counsel in connection with this 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 application, Carolyn A. Zenk, Esq., submitted a protest petition made pursuant to Town Law Section 265 to the Southold Town Clerk in connection with this application. The filing of the protest petition (a copy of which is attached to this affirmation} means that this Town Board must pass the zone change with five affirmative votes, rather than four, to adopt the change of zone. If there is any question regarding this super-majority requirement, either myself or Carolyn A. Zenk, Esq. will provide any further information requested to the Town Attorney for his information. 18~ In addition to the peculiar timing of this public hearing, the poor planning policy, the safety and traffic concerns, and the fact that this is a legislative act which is purely discretionary, is the issue of environmental review of this application. It is my contention and that of co-counsel that the SEQRA process undertaken to date in connection with this application is fundamentally flawed and will leave any action this Town Board takes subiect to a successful legal challenge due to the failure of the Southold Town Board to fully comply with SEQRA, or the State Environmental Quality Review Act. 19. I initially wish to encourage each member of the Southold Town Board to read fully the legal memorandum prepared by my co-counsel, Carolyn A. Zenk, Esq., and submitted to the Southold Town Clerk's Office on August 27, 1999. A copy of this document is attached to this Affirmation, as well as the exhibits thereto. 20. The Environmental Assessment form Part III is legally insufficient as a matter of law because it evaluates the wrong action. The action at issue is a change of zone for the existing Colonial Corners shopping center from Hamlet Business to General Business, as well as a change of zone for the lot immediately south thereof, from Residential 40 to General Business~ The EAF evaluates only a proposed site ptan for a parking lot. 21. According to the applicant, the alleged need for a change of zone is to enable 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the contract vendee to expand a pre existing nonconforming use by establishing an additional 36 car parking lot in an already blighted area. If this were in fact correct, why is the applicant seeking a change of zone for Colonial Corners itself, when this is not necessary for the establishment of a parking lot? Carolyn A. Zenk, Esq., and I submit that the applicants are less than forthcoming. If this was truly the applicant's intent, why take the windfall approach of changing the zoning on two separate parcels of land to a more intense, commercial use? While the applicant verbally assures this Town Board that is does not seek any of the uses that the change of zone would permit once the zone is changed, these uses are permitted as a matter of law. In addition, there are no legal documents on record that would ensure that Colonial Corners would not be destroyed or the applicant would limit himself to a parking lot. 22. The applicant states in his EAF Part III, "As no changes to the segment of the property housing the Colonial Corners development are proposed, no further discussion of this section of the property will be provided in this Part III EAF.' The applicant cannot fail to study the very topic at issue, namely a change of zone. 23. The cons~tants for Southold Town seek to reassure the Town that there would be some control over the project through future site plan review and SEQRA analysis. However, once these uses are allowed as a matter of right, site plan review and SEQRA will only be able to mitigate harm to the neighborhood, not prevent it. 24. A change of zone constitutes an action within the meaning of SEQRA. Since this application for a change of zone enables intense commercial uses that are currently prohibited at the site, the new commercial uses must be evaluated as a matter of law. 25. The record of this application establishes that the proposed change of zone 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 would contribute to suburban sprawl, hurt local businesses and the resort based economy, be detrimental to the rural and historic character of the neighborhood, and pose traffic safety hazards. 26. The change of zone would increase suburban sprawl already encroaching on the surrounding residential community, and will forever alter the character of this community should the change of zone be adopted by this Board. 27. The change of zone would be detrimental to local small mom and pop businesses as it would injure the resort based economy by detracting further from Southold's small town charm. Nothing detracts faster from the rural quality of a hamlet than automotive uses. Their chain link fences, halogen lights, sprawling parking lots, metallic cars, and used car signs are the very symbol of suburban and urban blight. 28. The change of zone would detract from the rural qualities of Southold by allowing general business uses which are much more intense than residential uses and hamlet business uses. For example, while residential zoning allows such uses as farms, horse farms, churches, and residences, the general business zone allows fast food marts, gas stations, car washes, bars, and warehouses; 29. The change of zone would detract from the historic qualities of Southold, would introduce traffic hazards such as huge tractor trailers entering a residential community, and would reduce neighborhood property values. 30. The first set of photographs (Exhibits lA, lB, and 1C) depict the character of the surrounding neighborhood, with the exception of the Mullen Motors car dealership. As you can see, there are some quaint historic homes in the £-40 zone, including salt box houses with picket fences. Exhibit 1C depicts the charming houses that existed in this area before Mullen Motors built its current parking lot. A number of beautiful, early colonial homes were destroyed or removed to accommodate this business to the detriment of Southold's historic 1 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 character. 31. Exhibits 2A, 2B, 2C, and 2D depict some ofthe existing businesses near Locust Lane that are consistent with the historic character and charm of Southold. They include the Colonial Presbyterian Church, the Currie Bell House Museum the Thomas Moore House Museum, a Colonial Bed and Breakfast, the Federalist Inn and Restaurant, and others. 32~ Exhibit 3A depicts Colonial Corners. Colonial style homes, converted into shops, blend nicely with the existing character of the residential neighborhood. The architecture is consistent with the colonial style of Southold. The buildings are to scale and nicely landscaped. The change of zone could allow the destruction of this entire development for such intense uses as fast food restaurants and gas stations. 33. Exhibit 4A, 4B, and 4C depict the existing Mullen Motors car dealership. This development is in sharp contract to those depicted in the prior photographs. The corporate building is modern, flat, and ugly. Plastic signs mark the site. A chain link fence surrounds the building. There are cars parked everywhere. There is little, if any, landscaping to buffer the unattractive view. Exhbiit 4C depicts some of the buildings of Mullen Motors. Note the lack of landscaping and the wall to wall pavement. Exhibit 4B depicts the dealership once again. The cars, chain link fencing, halogen lights, and the sign hung from what appears to be a pipe are all ugly and highly visible. 34. Exhibit 5A depicts some of the very intense uses that the change of zone would allow. These uses should be contrasted with Exhibits 1 through 3. Among these uses are a car dealership, a warehouse, a car wash, a gas station, and a fast food mart. 35. Exhibit 6A and 6B depict some of the safety concerns already associated with the existing Mullen Motors Inc., which include concerns about oversized car carriers roaring through pedestrian oriented hamlets. The carriers pose traffic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. 37. 38. dangers on the very narrow, overcrowded County Route 25. They rumble down residential streets creating noise and fumes. They endanger small children in the neighborhood. Allowing the Mullen Motors Corporation to expand further would pose additional, similar problems. Exhibit 7A depicts the bright, obnoxious halogen lights already associated witF the facility. These lights glare into the neighbors' eyes at night. Additional bright, glaring lights would be needed to illuminate the cars, increasing this nuisance further. Exhibit 8 depicts the damage already inflicted to the area proposed for a parking lot. Majestic trees, over one half century old were cut down, some three feet across. Note that these trees were cut before the developers received permission from the Town of Southold to construct a parking lot. Note also, that a lush, vegetative canopy still remains which continues to help buffer the residential neighborhood. The buffer lessens noise from County Route 25 and helps screen residential properties from commercial properties. An Environmental Impact Statement must be prepared as a marl'er of law pursuant to SEQRA, 6 NYCRR Section 617.1 (d) because the proposed action "may" have a significant impact on the environment. The record clearly establishes that the change of zone would substantially increase existing traffic or noise levels triggering 6 NYCRR 617.7 (c) (i}, that historic, rural, aesthetic, and residential quality of the neighborhood would be detrimentally affeded by the expansion of the Mullen Motors Corp. triggering 6 NYCRR 617o7(c) (v), that oversized car carriers rolling through residential neighborhoods and p0edestrian oriented hamlets are already creating a serious traffic hazard triggering 6 NYCRR 617.7(c)(vii), and the record clearly establishes that a change of zone would create a "material demand" for more intense commercial development that would result in all of the above consequences, thus triggering 6 NYCRR 617.7(c)(x). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 391 Thus, there should be a positive declaration by the Southold Town Board in connection with this application, and an environmental impact statement should be required as a matter of law. I wish to additionally emphasize that to pass a negative declaration, the Southold Town Board or lead agency must determine that the project will not have any significant environmental impacts (See 6 NYCRR 617.2 (y). There are substantial detriments to the Town of Southold in if this application is ranted from both an economic and a quality of life point of view. In addition, as stated above, there are both legal and public policy precedents that are more than ample to justify this Town Board to say no to this legislative act. I therefore strongly urge the Southold Town Board to deny the request for a zone change for all of the reasons outlined above. Dated: River head, New York October 12, 1999 ' " f · s Sr id?n ' Of Founders Estates P.O. Box 155 120 Court Street Riverhead, NY 11901 (516) 727-4200 SOUTHOLD TOWN BOARD, SUFFOLK COUNTY, NEW YORK In the Matter of the Application of William Mullen and RICHARD F. MULLEN III for a CHANGE OF ZONE from Residential 40,000 and Hamlet Business to General Business, Tax Map Numbers: 1000-62-03-22.1 and 24.1 ATTORNEY AFFIRMATION IN OPPOSITION TO CHANGE OF ZONE AND/OR IN SUPPORT OF AN ENVIRONMENTAL IM- PACT STATEMENT STATE OF NEW YORK: ':ss: COUNTY OF SUFFOLK: CAROLYN A. ZENK, being duly sworn, deposes and says: 1. I am an attorney licensed to practice law in New York. Adam Grossman, Esq. and I represent Melanie Sanford, Julie Sanford, and a number of neighbors living near Mullen Motors, the site of the proposed change of zone. I have earned a certificate in Natural Resources Law from the University of Oregon's School of Law. I have been the General Counsel to the Group for the South Fork, a well respected leading environmental protection organization, located on the South Fork, for eight years, since 1988. I have also worked as an Environmental Planner and Analyst for five years prior to that time. 2. For over fifteen years, I have worked in the field of environmental law, land use, and zoning and planning. During that time, I have reviewed hundreds of projects in the Towns of Southampton, East Hampton, and Riverhead, including changes of zone, subdivisions, variance requests, and master plan updates. I have also been involved in more than a dozen Article 78s during that time. Because many of these projects, and much of this litigation, have involved the State Environmental Quality Review Act, I am extremely familiar with that statute, its regulations, and the cases pertaining thereto. 3. I submit this attorney affirmation, which has the same force and effect as an affidavit, duly sworn, and notarized, in opposition to the change of zone request by Richard F. Mullen III and William Mullen for a change of zone. I also submit this affirmation in support of an environmental impact statement and to establish the fact that a "hard look" at the areas of "environmental concern" invol=ed in this application has not been taken to date as required under the State Environmental Quality Review Act. page 1 I) THE ENVIRONMENTAL REVIEW IS INADEQUATE AS A MATTER OF LAW A) THE TOWN BOARD IS CURRENTLY REVIEWING THE WRONO ACTION 4. Counsel respectfully requests that your consultant, Nelson, Pope and Voorhis prepare a supplement to the environmental assessment form. The present EAF is inadequate as a matter of law for three reasons. First, it is fundamentally flawed because it assesses the wrong action. Second, it neglects to analyze the most important area of environmental concern, namely consistency with the $outhold Comprehensive Plan. Third, several other key areas of environmental concern have been neglected. The material which follows will elaborate on these points. 5. The parcel at issue ia a 1.25 acre parcel in the hamlet of Southold, located at the southwest corner of NYS Route 25 and Locust Avenue. There are five existing retail structures on the northern HB portion of the site, along the highway, known as "Colonial Corners." The southern R-40 portion of the site is currently vacant . The northern portion of the site which fronts on NYS Route 25 is zoned Hamlet Business (HB), and the southern portion of the site is zoned Low Density Residential (R-40). The current application is for a change of zoning designation on these two lots to General Business. 6. Mullen Motors, the project sponsor, operates an existing car dealership on the two parcels to the west of the site. He wishes to expand his commercial operation. He is the contract vendee of both this parcel and the parcel containing "Colonial Corners." The sponsor has represented to officials that the change of zone is desired so that the applicant can expand his commercial business onto the southern residentially zoned property by building a parking lot. Neither the Hamlet Business Zone or the Residential Zone would allow a commercial parking lot related to a car dealership. Thus, it is the applicant's position that a change of zone to General Business, which would allow the construction of this parking lot is needed if he is to expand. 7.The State Environmental Quality Review Act requires that the lead agency, in this case the $outhold Town Board, determine whether or not an environmental impact statement is required as a matter of law. To properly make this determination, an environmental assessment form is required which adequately describes the proposed action and its purpose. Actions that require assessment would include both changes of zone and site plans according to the definition of "action" in the law. page 2 8. Specifically, the State Environmental Quality Review Act and regulations require that: Ail agencies (or the applicant as hereinafter provided) shall prepare, or cause to be prepared by contract or otherwise an environmental impact statement on any action they propose or approve which may have a significant effect on the environmental° ECL 8-0109.(Emphasis added) To make the assessment of whether or not an environmental impact statement is legally required, state law requires that an environmental assessment be completed: Environmental assessment form (EAF) means a form used by an agency to assist it in determining the environmental significance or nonsignificance of actions. A properly completed EAF must contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. 6 NYCRR 617.2(m). (Emphasis added). According to the SEQRA regulations: Actions include: (1) projects or physical activities, such as construction or other activities that may affect the environmental by changing the use, appearance or condition of any natural resource or structure, that: ...(iii) require one or more new or modified approvals from an agency or agencies; (2) agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions; (3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment: and (4) any combinations of the above. 6 NYCRR 617,2, (Emphasis added). 9. The fundamental mistake made by the Voorhis report is that it assesses the wrong action. The EAF assumes, without any basis in law, that the proposal before the board is simply for the construction of a parking lot. Indeed, the consultant, specifically requests that "a concept plan be submitted" for same. While the Voorhis report hints at the broader impacts of the action before the Southold Town Board, it fails to analyze them. It deals primarily with the impacts related to page 3 a proposed parking lot. However, the implications of this proposal are far wider. It fails to deal with the wider possible environmental impacts. In essence, the Voorhes report treats the application before the board as one for site plan review, dealing with one specific proposal. However, the application is for a change of zone which would permit numerous, radical, and dramatic changes to Southold as a matter of law and by special exception use. 10. The most glaring contradiction in the record is the fact that, on information and belief, the applicant has represented to the board that he only intends to build a parking lot on the southern, residentially zoned parcel. However, if this was the case, why is a zone change sought for an entirely separate parcel to the north - namely "Colonial Corners?" 11. It bears emphasis that once the zoning is changed on these properties, numerous uses are allowed by right and by special exception which were not allowed before. It also bears emphasis, that unlike a use variance, which is specific to a given use and proposal, a zoning change allows numerous uses and numerous proposals. A zone change also runs with the land, so that should Mr. Mullen sell or grant the property, numerous applicants would have the right to the uses allowed in the new zones. Thus, even assuming arguendo that Mr. Mullen plans to restrict himself to building a parking lot, other applicants would not have to do so. It is from this perspective that the environmental assessment form must be written to be legally adequate. It is shocking that both officials and the Voorhis report have restricted their review to a proposal for a parking lot based upon the oral representations of the applicant. A thorough review of all records before the Town Board, Planning Board, and Zoning Board of Appeals reveal that there is no contract binding Mr. Mullen to the construction of a parking lot alone. 12. It also bears emphasis that the change from a Residential Zone, one of the least impactful, and benign zones in the Town of Southold, to General Business Zone, one of the most intensive and impactful in the Town of Southold is sought. The residential zone allows for such uses as one family residences(P), farms(P), horse farms(P), vineyards(P), churches(SE), libraries(SE), art galleries(SE), and museums(SE), and generally prohibits commercial and industrial uses. 13. In sharp contrast, the General Business Zone would allow commercial uses including fast food restaurants like 7-11, Arbys, and McDonalds(SE), warehouses(P), gas stations(SE), car washes(SE), bars(SE), wholesale beverage distributors(P), and industrial uses including light industry (SE), building(P), electrical(P), and plumbing (P)contractors, and food processing(P) and food packaging plants(P). page 4 14. A review of the Southold Zoning Map reveals that the zoning in the neighborhood proposed for the zone change includes a lot of residential zoning including R-40 and R-80 to both the north and south of Route 25. The southern lot proposed for the zone change immediately borders a residential neighborhood. Indeed, the property proposed for rezoning is located in an area of Southold which contains some of the highest concentration of residential properties. 15. Since a change of zone allows numerous uses as of right and other uses by special exception once specified conditions are met, despite the fact that only a parking lot is proposed now, the other uses which are both legal and possible must he examined and their environmental impact. Since the items listed in paragraph 13 are some of the uses that would be most intrusive to this neighborhood, they should be examined in detail. 16. Likewise, although the developer may not have immediate plans to develop or level "Colonial Corners," since a change of zone allows certain uses as of right and others by special exception, this possibility must be considered in an environmental review. There is no legal guarantee that this developer will keep the property or stick to casual verbal agreements. The Hamlet Business Zone is much less intense than the General Business Zone. The uses listed in paragraph 13 are not allowed in Hamlet Business, but they are allowed in General Business. Thus, a thorough review must consider the possibility that "Colonial Corners" could be completely leveled and used in numerous ways. For'example, if the zone is changed, the center could be torn down, and a strip of fast food joints, commercial parking lots, gas stations, car washes, and contractor yards strewn with plumbing, electrical, or building supplies could replace the existing structures. 17. In sum, the Town Board must consider the correct action and the issues raised herein, within its environmental review before making its determination of significance. At a minimum, your consultant should revise his environmental assessment. As a matter of law, an environmental impact statement may be required. B) THE ENVIRONMENTAL REVIEW FAILS TO PERFORM A THOROUGH ANALYSIS OF A NUMBER OF AREAS OF ENVIRONMENTAL CONCERN, INCLUDING IN PARTICULAR, CONSISTENCY WITH SOUTHOLD'S COMPREHENSIVE PLAN, THE FULL IMPACT ON NEIGHBORHOOD CHARACTER, SUBURBAN SPRAWl, AND TRAFFIC. 18. The State Environmental Quality Review Act requires that before a lead agency renders a determination of significance, it must "thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse page 5 impact on the environment." The environmental review to date fails to meet this legal test in that it has completely neglected a review of the Town's Comprehensive Plan. Before you render your determination you must prove that you have reviewed that plan. Yet, there is no evidence in the record, or the Voorhis Report that that plan has even been consulted. 19. SEQRA provides: For all Type I and Unlisted actions the lead agency making a determination of significance must: (1) consider the action as defined in sections 617.2(b) and 617.3(g) of this Part; (2) review the EAF, the criteria contained in subdivision (c) of this section and any other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have significant adverse impact on the environment; and a (4) set forth its determination of significance in a written form containing a reasoned elaboration and providing reference to any supporting documentation. 6 NYCRR 617.7(b). (Emphasis added). 20. SEQRA requires that the board thoroughly analyze the following relevant criteria for determining significance, before making its determination: To determine whether a proposed Type I or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environmental: (i) a substantial adverse change in existing ...traffic or noise levels;... (iv) the creation of a material conflict with a community's current plans or goals as officially approved or adopted; (v) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character; page 6 (x) the creation of a material demand for other actions that would result in one of the above consequences; (6 NYCRR 617.7(c)(1). (Emphasis added). 21. Based upon these legal criteria, it is clear that the board's legal obligations have not been met. With regard to criteria (i), no traffic analysis has been prepared based upon the potential conversion of a major thoroughfare into higher intensity business use. It is well-recognized that County Route 25 poses serious traffic and safety hazards especially during the summer months. Analysis is required. 22. The record to date has absolutely failed to consider whether the zoning change is consistent with Southold's Comprehensive Plan. As your counsel will inform you, it is illegal for you to "spot zone" or grant zoning requests based upon favoritism. In addition, the Town Law requires that "zoning shall be consistent with the comprehensive plan." It is fundamental to a zoning decision to analyze what your comprehensive plan says. Yet, nowhere in the record does this analysis exist. As counsel will also inform you, a comprehensive plan consists of the Town's zoning map, zoning code, master planning documents, and various plans. This proposal is at odds with the zoning map and zoning code. These documents were based upon the best judgements of Town Boards in the past. They cannot simply be ignored without good reason or as a favor to an individual applicant. 23. The following components of your Comprehensive Plan have been brought to my attention: Master Plan Update Summary, Town of Southold, Suffolk County, New York, Raymond, Parish, Pine, and Weiner, Inc. Planning Consultants, 1985, Master Plan Update Backqround Studies, Town of Southold, New York, Raymond, Parish, Pie, and weiner, Inc. Planning Consultants. March 1984, Final Report and Recommendations, Southold Town Stewardship Task Force, Southold, New York June 1994. Additional portions of your comprehensive plan may also merit analysis. 24. Criteria (iv) also merits further analysis. The changes to the community character must be explored considering the full implications of the zone change rather than limiting the analysis to the question of whether or not permission should be granted to build a parking lot. What will it mean to the community if "Colonial Corners" is lost and converted to tacky fast food restaurants and warehouses? What impact would a bar or car wash imposed upon the residential community have? 25. A full analysis of criteria (x) is also lacking. Your environmental assessment should consider the domino effect that commercial sprawl often has upon a hamlet. Where commercial uses are especially intense, as in the case of a car dealership with its lights, traffic, visual blight, and lack of charm, residents often page 7 relocate to other neighborhoods. The general business zone allows particularly tacky, uses that often lower property values, and the desirability of neighborhoods. III) AN ENVIRONMENTAL IMPACT STATEMENT IS PROBABLY REQUIRED UNDER THE LAW. 26. Obviously, until the Town Board meets its legal requirement to take a hard look at the areas of environmental concern, it cannot make a determination of significance. However, the board should recognize that by law the project presently carries with it a presumption of significance. The action is presently classified as TYPE I. According to the State Environmental Quality Review Act: However, the fact that an action or project has been listed as a type I action carries with it the presumption that it is likely to have a significant adverse impact on the environment and may require an environmental impact statement." 6 NYCRR 617.4. Black's Law Dictionary defines a presumption as, "a rule of law which requires the assumption of a fact from another fact or set of facts. The term "presumption" indicates that certain weight is accorded by law to a given evidentiary fact, which weight is heavy enough to require the production of further evidence to overcome the assumption thereby established." A commonly understood presumption is that a person is held innocent until proven guilty. 27. Thus, it is presumed that an environmental impact statement should be prepared, if the board goes forward with this action, especially in light of the considerable public opposition to the project. This should weigh heavily in the board's deliberations. IV) THE ZONE CHANGE SHOULD BE DENIED ON THE BASIS OF SOLID PLANNING PRINCIPALS. 28. The Town Board has no legal obligation to grant the change of zone before it. Once its SEQRA obligations are complied with, it can simply deny the request for a zone change. It is interesting to note that the applicant is not even the owner of the property. Certainly, there are many persons in town who would like to enhance the value of property they plan to purchase. However, nothing in the record indicates that a zoning change is warranted in this case. Absent, some compelling reason to rezone the property, besides the desire to grant the applicant a favor, rezoning the property would simply be spot zoning of the worst kind. Spot zoning is illegal. page 8 29. As I emphasized to the board at the beginning of this affirmation, I have been involved in planning issues for over ten years on the East End. I have reviewed the comprehensive plans of Southampton Town, East Hampton Town, Southampton Village, and East Hampton Village. All of the professional planners have reached a similar conclusion: that it is imperative to maintain the charm of the downtown hamlet areas on the East End. There is a consensus that commercial development in the hamlets should be concentrated, pedestrian-oriented, modestly scaled, and historic in its architectural design. Commercial sprawl is unanimously rejected as bad for property values, community character, and business. 30. It is ironic that some have argued that weakening the zoning in this downtown business area would be good for business. Nothing could be further from the truth. Superstores abound in this country, often gobbling up former quaint neighborhoods. National chains are replacing Mom and Pop family-owned businesses. These huge conglomerates are contributing to suburban sprawl of the worst kind. One town bleeds into the next, and the traveler is greeted by an endless commercial desert of asphalt, glass, and parking lots. 31. The quaint villages and hamlets of the East End will never be able to match the low prices offered by superstores given their corporate character and the economies of scale available to them. Our business strategy must be different. Our hamlets need to exude charm and small- town character to attract shoppers. We must offer a small town shopping experience. 32. We are already seeing the effects of oversized enterprises on small East End businesses locally. In Riverhead, the downtown business people have organized to fight further expansion of the Tanger Mall. Many feel it is negatively affecting their business. 33. In Southampton, at least one long-standing outdoor mens clothing store has been driven out of business by Bridgehampton Commons, a large shopping center. 34. In East Hampton, the Town Board voted to oppose a superstore outside the hamlet center in part because they believed it would hurt down-town businesses. Several hundred persons spoke in favor of a "Superstore law" that would prohibit unduly large businesses in the hamlet centers. 35. Expansion of a car dealership in the heart of a hamlet on the East End is the epitome of bad planning. One cannot imagine a use that is more car-intensive, or symbolic of modern commercial sprawl, with its glaring lights, chain-link fences, extensive parking areas, rotating page 9 displays, and pennants. Such businesses contribute nothing to downtown charm. Indeed, they destroy it. A trip along the congested Sunrise Highway to the west reveals that shopping malls and car dealerships are two heavy contributors to the ugly neighborhoods characteristic there. 36. The applicant already appears to be the beneficiary of numerous exceptions to your zoning code. He has already obtained permission from the Zoning Board of Appeals in 1987 to use a parking lot for commercial uses in a residential neighborhood. He received special permission to erect an ugly, suburban, six foot chain-linked fence, when the zoning code required four feet. He received permission to encroach upon the usual 35 foot setback from the road, adding a sense of crowding to the road. According to Planning Board records, this business paved over the front of the building illegally at one time, and also built ugly display pads. Now the applicant requests a complete change of zone, and special permission to build a parking lot within that zone for parcels of land he doesn't even own. When does it all stop? Either the zoning code you enacted makes sense or it does not. Exception to exception renders your code meaningless. 37. In summary, a more thorough analysis of this project is warranted before a determination of significance can be made, an environmental impact statement is probably required, and it is clear that a change of zone in this location will negatively impact the community without cause, and should be denied. 38. Counsel respectfully suggests that if parking is the applicant's problem, that a special study be commissioned to help solve that difficulty, rather than down-grading the entire neighborhood. The present approach seems akin to trying to kill a mouse with an atom bomb rather than a mouse trap. Respectfully Submitted, This 29th day of September 1997, Attorney at Law 121 Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 cc: Planning Board Southold Town Attorney Nelson, Pope and Voorhis PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE% we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: PRINT NAME ADDRESS SIGNATURE PI-tONE ,_ ,.. , '7 PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullin have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: NAME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, W~lliam and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and, chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PILINT NAME ADDRESS SIGNATURE PHONE October 12. 1999 TO: The SoutholdTown Board OCT 1 2 FROM: The North Fork Environmemal Council Re: Mullen Motors zone change application Dear Board members, Over the past weeks we have discussed the health of the hamlets at great length. We agon~ed over various Route 48 questions in order to never knowingly damage or weaken the hamlets. What is m LB, what is in R/O and how can we word these changes to protect the hamlets ~while being fair with affected business owners? Now here we are. discussing a proposed expansion of a non-conforming use within the Southold Hamlet. An auto dealership and reParr facility currently sits on an island of General Business property within a Hamlet Business and Residentially zoned area. While a fully conforming use in the General Business zone, this automobile business is unfortunately out of place where it is located, in the context of the Hamlet Business zone surrounding it. To add to the difficulty of the situation there is as a part of this operation that is currently a parking lot that is a pre-existing non-conforming use. The application seeks to expand this non-conformity into the residential area~rwhir~h4dds On top of this the application seeks to change the Colomal Comers to General Business zone, while simultaneously~that no actual change of use is contemplated. ~ is an extremely strange sort of request. In light of the applicants long history in Southold his business plans have not been taken lightly. In fact this subject has received enormous attention as it has worked its way through the system To follow through with this .type of scrutiny and to insure proper stud~ and a fair hearing it is necessary to do as Atty. Carolyn Zenkrequests.'~'x hea, ~-/2. '~ 'CI~ A positive declaration and a full Environmental Impact Statement is called for. Fair treatment of the Southold Hamlet~ well as the Mullen ownership demands this much. Sincerely, /~ / / / F~oward Meinke President, NFEC Tel: (516) 727-3947 ALLEN M, SMI?H Attorney and Counselor at Law 737 Roanoke Avenne P.O. Box 1240 Riverhead, New York 11901 October 12, 1999 Fax: (516) 727-3950 VIA HAND DELIVERY Town Board Town of Southold Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Public Hearing - October 12, 1999 Petition of Mullen I,adies and Gendemen: Please be advised that I represent Janice j. Szczesny and David R. Szczesny. My chents own residential real property abutting the property which is the subject of this hearing. I enclose a copy of my letter addressed to your Board dated August 18, 1997. My opimon is unchanged as of this date. Please note that this apphcation requires a referral to the Suffolk County Planning Commission. Please further note that the Planning Commission's response is required prior to a hearing on this Petition. A review of the Town Clerk's rifle does not show a response by the County Planning Commissioner. It is respectfully suggested that this hearing be adjourned until such time as the Planning Commission's report is received. Very truly yours, Allen M. Smith AMS:ked Enclosure cc: Mr. and Mrs. David R. Szczesny (w/end.) Arthur DiPietro, Esq. (w/end.) August 18, 1997 Town Board Town Hall Town of Southold Main Road Southold, NY 11971 Re: Zoning Change Application of Mullen Dear Mesdames and Sirs: Please be advised that I represent Janice J. Szczesny and David R. Szczesnv. My clients own the improved real property abutting the parcel which is the subject gfthis Petition. My clients' property is designated as SCTM Number 1000- 062.00-03.00 -26 and a copy of their survey is enclosed for your reference. Please accept this comment with reference to the SEQRA review conducted to date on this Petition. Please review Mr. Voorhis' report dated July 8, 1997. Mr. Voorhis qualifies his report in the supplemental page entitled "Project Description." His assumption reads as lbllows: "If any new structures are proposed on the project site in the future a new LEAF should be filed containing specific site plan information for use and evaluation by the lead agency in issuing a determination of significance." It is respectfully submitted that this is not an appropriate approach to a change of zone application pursuant to your Zoning Code and the Town Law. If you were to grant the requested Change of Zone, the use and structures permitted thereby CB Business) could be constructed as of right. A review at that future date might have some value but no matter how adverse the impacts such a review would not preclude either the use or structures. It is my opinion that the proper basis for review is to assume the maximum permitted build out as permitted by the requested Zoning (B Business). This analysis should consider both permitted uses and structures. Such a review would provide your Town Board Page 2 of 2 August l 5, 1997 Board with the necessary information to tStrther consider the impacts of the proposed change. If the Petitioners' wish to stipulate (as a mitigation measure) that the land adjacent to my clients' [and would remain vacant and used for parking, the appropriate vehicle for that stipulation is a covenant and restriction running in favor of the Town and the Szczesnys. Such a covenant should address the following matters: the maximum build out envelope for the proposed parking, the composition and maintenance standards for the parking lot, set backs from the residential zoned properties, fencing, landscaped buffers, drainage (especially as it affects the Town Highway and adjoining properties), curb cuts, indirect illumination and [~ours of operation. [ thank you for your consideration of the above. Please list me as an interested party to the SEQRA review of this action. Please also provide me with the notice of hearings and/or meetings relative to this Petition. Very truly yours, Allen M. Smith AMS :ked Cc: Mr. and Mrs. David R. Szczesny Jennifer B. Gould, Esq. Chic Voorhis, P.E. TOWN BOARD : TOWN OF SOUTHOLD In the Matter of the Petition : : of : Richard F. Mullen,lll and William H. Mullen : Mullen Motors, Inc. AFFIDAVIT OF POSTING I, James E. McMahon , residing at Mattituck. New York being duly sworn, deposes and says that on the ath day of ~ 199_9_, I personally posted the property known as __ Mullen Motors. Inc. by placing a poster notice within ten (1) feet of the front property line facing the street where it can easily be seen, and that I have checked to be sure the poster has remained in place for seven (7) days prior to the date of the public hearing. Date of public hearing: October 12. 1999 Dated: / ~///~. 199_,q_. - Si~natb~-e Sworn to before me this ~ day of~_~, 199~ ~ - - qqotary PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in ~nerica; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE., we the undersigned, business persons and residents of Southold, re(uest that THE TOWq~ BOARD VOTE NO TO THIS CH~NGE OF ZONE: # PRINT NAME ADDRESS SIGNATURE PHONE PETITION SAVE COLONIAL COP~NERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; W~EREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; W~EREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; W~EREAS, William and Richard Mullin have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; W~EREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: NAME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; W~EREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE} we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PRINT NAME ADDRESS SIGNATURE PHONE RECEIVED October 12. 1999 TO: ~/~e Southold Town Board OCT 1 2 199 FROM: Thc North Fork Environmental Council Re: Mullen Motors zone change application Dear Board members. Over thc past weeks we have discussed thc health of the hamlets at great length. We agonized over various Route 48 questions in order to never knowingly damage or weaken the hamlets. What is in LB. what is in R/O and how can we word these changes to protect the hamlets,while being fair with affected business owners? "- ,'~d t-~ ~'.~,, i~ Now here we are, discussing a proposed expansion of a non-conforming use within the Southold Hamlet. An auto dealership and repair facility currently sits on an island of General Business property witlun a Hamlet Business and Residentially zoned area. While a fully conforming use m the General Business zone. this automobile business is unfortunately out of place where it is located, in the context of the Hamlet Business zone surrounding it. To add to the difficulty of the situation there is as a part of this operation that is currently a parking lot that is a pre-existing, non-conforming use. The application seeks to expand this non-conformity into the residential area ' -- ' _'. On top of this the application seeks to change the Colonial Comers to General Business zone, while simultaneously~that no actual change of use is contemplated. ~This is an extremely strange sort of request~__~._ In light of the applicants long history in Southold his business plans have not been taken lightly. In fact this subject has received enormous attention as it has worked its way through the system. To follow through with this t)~e ?f scrutiny and to inSUre proper study and a fair hearing it is necessary to do as Atty. Carolyn Zenkrequests.~ ~, &.T~ '~, T'I'~ A positive declaration and a full Environmental Impact Statement is called for. Fair treatment of the Southold Hamlet. as well as the Mullen ownership demands this much. Sincerely, l]oward Meinke President. NFEC Tel: (516) 727-3947 ALLEN M. SMITH Attorney and Counselor at Law 737 Roanoke Avenue P.O. Box 1240 Riverhead, New York 11901 October 12, 1999 Fax: (516) 727-392 VIA HAND DELIVERY Town Board To;vn of Southold Southold Town Hall 53095 Main Road $outhold, NY 11971 Re: Pubhc Hearing- October 12, 1999 Petition of Mullen Ladies and Gendemen: Please be advised that I representJanice J. Szczesny and David R. Szczesny. My chents own residential real property abutdng the property which is the subject of this hearing. I enclose a copy of my letter addressed to your Board dated August 18, 1997. My opinion is unchanged as of this date. Please note that this apphcation requires a referral to the Suffolk County Planning Commission. Please further note that the Planning Commission's response is required prior to a hearing on this Petition. A review of the Town Clerk's file does not show a response by the County Planning Commissioner. It is respectfully suggested that this hearing be adjourned until such time as the Planning Comrmssion's report is received. Very truly yours, Allen M. Smith AMS:ked Enclosure cc: Mr. and Mrs. David R. Szczesny (w/encl.) Arthur DiPietro, Esq. (w/encl.) August18, I997 Town Board Town Hall Town of Southold Main Road Southold, NY 1197l Re: Zoning Change Application of Mullen Dear Mesdames and Sirs: Please be advised that I represent Janice J. Szczesny and David R. Szczesny. My clients own the improved real property abutting the parcel which is the subject of this Petition. My clients' property is designated as SCTM Number 1000- 062.00-03.00 -26 and a copy of their survey is enclosed for your reference. Please accept this comment with reference to the SEQRA review conducted to date on this Petition. Please review Mr. Voorhis' report dated July 8, 1997. Mr. Voorhis qualifies his report in the supplemental page entitled "Project Description." His assumption reads as lbllows: "If any new structures are proposed on the project site in the future a new LEAF should be filed containing specific site plan information for use and evaluation by the lead agency in issuing a determination of significance." It is respectfully submitted that this is not an appropriate approach to a change of zone application pursuant to your Zoning Code and the Town Law. If you were to gant the requested Change of Zone, the use and structures permitted thereby 03 Business) could be constructed as of right. A review at that future date might have some value but no matter how adverse the impacts such a review would not preclude either the use or structures. It is my opinion that the proper basis for review is to assume the maximum permitted build out as permitted by the requested Zoning (B Business). This analysis should consider both permitted uses and structures. Such a review would provide your Town Board Page 2 of 2 August 15, 1997 Board with the necessary information to further consider the impacts of the proposed change. that the land If the Pent,one wish to stipulate (as a mitigation measure) adjacent to my clients' land would remain vacant and used for parking, the appropriate vehicle for that stipulation is a covenant and restriction running in favor of the Town and the Szczesnys. Such a covenant should address the following matters: the maximum build out envelope for the proposed parking, the composition and maintenance standards for the parking lot, set backs from the residential zoned properties, fencing, landscaped buffers, drainage (especially as it affects the Town Highway and adjoining properties), curb cuts, indirect illumination and hours of operation. I thank you for your consideration of the above. Please list me as an interested party to the SEQRA review of this action. Please also provide me with the notice of hearings and~or meetings relative to this Petition. Very truly yours, Allen M. Smith AMS:ked Cc: Mr. and ~Mrs. David R. Szczesny Jennifer B. Gould, Esq. Chic Voorhis, P.E. TOWN BOARD : TOWN OF SOUTHOLD In the Matter of the Petition : : of : Richard F. Mullen, lll and William H. Mullen : Mullen Motors, Inc. ....................................... X AFFIDAVIT OF POSTING I, James E. McMahon , residing at ~tRR Fr~aman Rnad Mattituck. New York being duly sworn, deposes and says that on the ath day of ~, 199~9_, I personally posted the property known as Mullen Motors. Inc_ by placing a poster notice within ten (1) feet of the front property line facing the street where it can easily be seen, and that t have checked to be sure the poster has remained in place for seven (7) days prior to the date of the public hearing. Date of public hearing: October 12_ 1999 Dated: ! O//~7~ 1 9 9_~_. / - Sic~nature Sworn to before me this day , 1999 d - - ~Notary Pu~c PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; - WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE} we the undersigned, business persons and residents of Southold, recuest that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PRINT NAME ADDRESS SIGNATURE PHONE u^~ I Iii PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullin have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: NAME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in ~erica; - WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and-chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE} we the undersigned, business persons and residents of Southold, re(uest that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: P~NTNAME ADDRESS SIGNATURE RECEIVED October 12. 1999 TO: ~he Southold Town Board OCT 1 2 199 FROM: The North Fork Environmental Coualcil Re: Mullen Motors zone change application Dear Board members. Ox, er the past weeks we have discussed the health of the hamlets at great lenglh. We agonized over various Route 48 questions in order to never knowingly damage or weaken the hamlets. What is in LB, what is in R/O and how can we word these changes to protect the hamlets ~_hile being fair with affected business owners? ,-md .~ ,~,, ~"~ > Now here we are, discussing a proposed expansion of a non-conforming use within the Southold Hamlet. An auto dealership and repair facility currently sits on an island of General Business property within a Hamlet Business and Residentially zoned area, While a fully confonmng use in the General Business zone, this automobile business is tmfortunately out of place where it is located, in the context of the Hamlet Business zone surrounding it. To add to the difficulty of the situation there is as a part of this operation that is currently a parking lot that is a pre-existing, non-conforming use. The application seeks to expand this non-conformity into the residential area~rwhid~dd~nva~ On top of this the application seeks to change the Colonial Comers to General Business zone, while simultaneously~that no actual change of use is contemplated. ~s is an extre, mely strange sort o~f request. In light of the applicants long history in Southold his business plans have not been taken lightly. In fact this subject has received enormous attention as it has worked its way through the system, To follow through with this type of scrutiny and to insure proper stud}: and a fair heanng it is necessary_ to do as Atty. Carolyn Zenkrequests. Lm ~a, 2.T/2. 'h, ~ A positive deelamtion and a full Environmental Impact Statement is called for. Fair treatment of the Southold Hamlet~ well as the Mullen ownership demands this much. President, NFEC TO SOUTHOLD TC,W]:I' i>'OARD PETITION WE THE UNDERSIGNED, AS RESIDE,NfS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEo~ III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL LAND ~R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 100/~_00-03.0~022.001 AND 024.001) TO A GENEP. AL BUSINESS ZONE (B) FOR THE PUI~OSE OF EXPANDING THEIR pARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALEI~HIP OR ANY COMiMERCIAL ENTER1~RISE SHOULD NOT BE PERb~IITTED PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN , .~ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APFLICATION OF RICHARD F. MULLEN III AND WILLIAM 1L MULLEN TO DOWN ZONE COLONIA~ AND THE ~DJACENT RESIDENTIAL PARCEL OF LAND frei0) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10/}O-~2.00-03.00-022.001 AND 024.04}I) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DF, ALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION OUALITY OF LIFE A~NO SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAy HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL ARF, A~ MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS AKF_. HOWEVER~ FURTHER COMbIERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1/40 VILLAGE AND OUR I~.SIDEN~IAL PROFERTIE~ WE ASK 1 fl£ BOARD TO REJECT THIS A~PLICATION. WE WOULD LIKE TO KNOW WHO AUTHORt ~D THE C~TTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TI~ ~:-~ ON THE PUBLIC IIIGHT OF WAY. WE THE pETITIONEIlS WOULD LIKE AN AN~R VIA THE LOCAL PAI~ERS Le. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS pL~ITION 15 GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC~, RICHARD F. MULLEN IH OR ~VILLIAM IL MULLF~N. THIS PETITION IS ONLY 1N RESPONSE TO OUR GFVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIRS AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE - TO SOUTItOLD TOWBI .,OARD ~ PETITION ~ %WE THE UNDERSIGNED. III AND WILLIAM H. M~UL_LE~. ~,O,~DO~W~ ~--~rr~00-022 001 Aa*iD 024 001) TO A GENERAL BUSINE.%~ ~ R(D~ H E puRPOSE OF EXpANDINO THEIR pARKINa AND STORAGE. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE .^~ TO SOUTBOLD TOWN ~oARD WE THE UNDERSIGNED, AS RESIDENTS OF SOLr~HOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN -40 ESIGNATED oo ~orro~ ......... ' · ~R(D~I~ pURPOSE OF EXPANDING THEIR pARKING AND STORAGF~ AND VALU~ tJ~ ~o~. ...... _ ...... *g r~WNC. RADED ANYTHING CAN A~D MAg ~ET¥ DUE TO INCREASED USAGE - ONCE THE p~t~rrK~ · ~ A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HoWEVER~ FURTHER COMMERCIAL ~XPANSION INTO SAID SITES IS NOT IN K~E~ING WITH OUR BEAUTIFUL HISTORIC 1~40 VILLAGE A~D OUR RESIDENTIAL ~ROPERTIES. WE ASK THE BOAI~D TO REJECT THIS APPLICATION. WE wOULD LIKE TO K~OW WHO AUTHORIZED THE CU'~ ~ lNG OF THE TREES ON THE FOI~MER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE pUBLIC RIGHT OF WAY. ~fE THE pETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL pAPERS I.~ TRAVELER WATCHMAN~UFFOLK T1ME~ THIS pETITION IS GENERATED WITH NO MALICE TOWARD MULLEN bIOTORS INC. RICHARD F. MULLEN lli OR WII~LIAM IL MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN ID AND WILLIAM IL MULLEN TO pROTECY THE VALUES OF FROPERTIES ~D I~L~INTA~N THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN VfE ASK TIIE BOARD TO REJECT THE APPLICATION OF RI~ F. MULLEN ni A,~D WmL~I ~. MULLEN TO VOW~ ZONE COLOrqAL CO~'~RS ~S~ ANO THE ~VJAcEr, rr aESIDE~rrIAL pARCEL Og ~ (DESIGNATED ON SU~,F~OLK COUNTY T.~X M__A~.~I. _0~06~ 2.~O0~..~0~02Z0~I AND 024.001) TO A GENEI~kL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR pARKINt; ~o ~ 1 v~t~t,~ FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AI~EAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, ~OT TO MENTION OUALITY OF LIFE ANo SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AaND MAY HAPPEN. A COI~D, IERCIAL BUSINESS DOES NOT BELONG IN THIS S~l 1 lNG. 1T CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RF~IDENTIAL ~ MULLEN MOTOES HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEI~ FURTHER COMMERCIAL EXPANSION II~rO $AID SITES IS NOT IN KEEPING ~rrH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIE& WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF ] H~ TREF~ ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE pETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PAPERS i.e. TRAVELER WATCHMAN/~UFFOLK TIMES. THIS PETITION IS GENERATED ~ITH NO MALICE TOWARD MULLEN WIOTORS INC., RICHARD F. MULLEN IH OR V(ILLIA~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICH--~q~D F. MULLEN III AND WILLIAa%I Il. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS } SIGNATURE PHONE TO SOUT~OLD TOWN ..OARD WE THE UNDEI~SIGNED. AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN Ill AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS AND THE bDJACENT RESIDENTIAL PARCEL OF LAND ~R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00~03.00-02~001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMIYI I~D TO EXPAND INTO HAMLET BUSINF.~S DISTRICTS OR RESIDENTIAL AREAS. rr AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOI lo ~1~ liv~ ~JUALIIf Ur LIVL Ai~I~ SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOF. S NOT BELONG IN THIS ~t lunG. IT CREATES TRAFFIC iiAZARDS, HIGH NOISE INFP~ACTIONS~ AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULL~N MOTORS ~ A GOOD NAblE AND ENOUGH VISIBILITY AS TI~INGS AR~ HOWEV~I~ FURTHER COI~ERCIAL ~'~pANSION IN~O SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL IilSTORIC 1~40 VILLAGE AND OUR RESIDE2qTIAL PROPERTIE& WE ASK ~ BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW W~O AUTHOHIZ~D THE CUTTING OF ~-H~; TRF~S ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE I"~;IIIiONERS WOULD LIKE AN ANSWER VIA THE LOCAL pAPERS Le. TRAVELER WATCIiMAN/SUFFOLK TLMES. T~IS PLrrlTION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTOES INC, RICPu~RD F. MULLEN III OR *WILLIAM IL MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN HI AND ~ILLIAM I~ MULLEN TO PROTECT THE VALUF~ OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR CObI~XIUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN ,- ~,ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWH WE ASK THE BOARD TO p. ILIECT THE APPLICATION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF ~ (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1~.__00~. X~0~022.001 /~'4D 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF F~'( pAND ING THEIR pARICING AHD ~I'ORA~- XPAND INTO HAMLET BUSINES~ DISTRICTS OR RESIDENTIAL ~.~ TOE. BUSINESS NOT TO E ION OUALITY OF LIFE MMEDIATE AND SURROUNDING HOMES AND E~ J~I NT AND VALUE OF I E PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN SAFETY DUETO INCREASED USAGE. ONCETH A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RF~IDEWI'IAL ARF. J~, MULLEN MOTORS HAS A GOOD N~ME AND ENOUGH VISIBILITY AS THINGS ARE. HOWlS/ER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING tWITH OUR BEAUTIFUL HISTORIC 1~40 VILLAGE AND OUR RF~IDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREF_~ ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE pUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL pAPERS i.e. TRAVELER WATCHMA/~SUFFOLK TIMES. THIS PETITION IS GENERATED t~,ITH NO MA.LICE TOWARD bIULLEN MOTORS INC., RICHARD F. MULLEN IH OR !~rlLLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIAM H. I~IULLEN TO PROTECT THE VALUE~ OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE , . . V~rlTNESS: PI~ ~DATEN~_PAGE# ~ TO SOUTHOLD TOWN ARD pKIIflON ~ THE UNDERSIGNED. TOEXP~DI~O~IL~BUSIN~DI~I~I~o~"~' ....... ~g ~T Tfl ME~ION OUAL~ OF LIFE ~'VALUE OF IMMEDIATE ~ SURROUNDING HOM~ ~D BU~I~ .,:~.:.~,; ~ ~ ~y ~pEN' ~'~ET ~ ~UE TO INCR~SED USAGE. ON~ T~ ~gOP~RTY IS ~G~ ~ · 1 ~ ....... A ~M~R~ BU~ ~ NOT B~NG ~ THIS SE~G. ~ ~ ~C ~ HIGH INF~ION~ ~D I~ION OF ~A~ ~O ~ID~ ~ ~L~ M~O~ ~ A ~D N~E ~ ENOUGH ~S~IL~ AS ~G$ ~ HO~ F~THER ~MN~R~ ~p~oN I~O ~D S~ ~ NOT ~EP~NG g~TH OUR B~I~ HI~O~G 1~ ~GE ~ O~ ~ PROPE~ ~ ~K THE BO~ TO ~ THIS ~p~TION. ~ WOULD LI~ TO ~OW ~O A~O~D ~ ~'VI ~G OF TH~ T~ ON T~ FO~ LU~ PROP~ ~ND ~ ~ OF THE T~ ON T~ P~LIC ~G~ OF WAY. ~ T~ P~IO~ WO~D L[~ ~ ~S~g ~ THE L~AL P~E~ L~ T~LER WAT~N~O~ TIM~ THIS p~ION IS G~TED ~H NO ~I~ TOW~ b~N MOTO~ ~C. ~ F. MU~EN ~ OR ~LL~t H. ~L~N, THIS PET~ON I$ ONLY ~ ~NSE TO O~ G~ ~G~ BY ~W TO OP~ THE PET~ION OF ~C~ F. MULLEN III ~D ~L~M ~ MULL~N TO PRO~ THE VALU~ OF PROP~TI~ ~ND ~N THE R~ c~ER OF O~ ~MM~. PETITION SIGNAT E SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ..i TO SOUTHOLD TOWN - .kRD WE THE UNDERSIGNED, bAND fRA0) (D E$11.~, ,~)_~_~_ _-- ~ ~ ~; .~ · .,,.,,,,~..rHEiR pARKIHG/~ND ~TORAGF- . ZONE (B) FOR THE pURPOs~ gre. xr~,v*,,-~ - A ~M~R~ BU~N~S ~ NOT B~NG IN T~S SE~ING. ~ ~T~ T~C ~ HIGH NOISE I~ION~ ~D i~ASION OF P~A~ ~O ~ID~ ~ MULL~ MOTO~ ~ A ~D N~IE ~D ENOUGH ~IBILI~ ~ T~GS ~ HO~ ~RTHER ~S~IERC~ ~p~SION ~O ~D SH~ IS NOT IN ~EPING ~TH OUR B~L ~O~C l~ ~GE ~D OUR ~ID~ PROPERTI~ ~ ~K ~ ~ TO ~ T~S ~p~TION. ~ WOULD LI~ TO ~OW ~O A~HO~D THE ~G OF ~E T~ ON THE FO~IER LU~ PROPER~ ~ ~ ~ OF THE T~ ON THE PUBLIC ~G~ OF WAY. ~ THE PET~IO~ WOULD LI~ ~ ~S~R ~ THE ~ P~E~ L~ ~L~ WAT~O~ T~ THIS p~ION IS GE~D ~ NO ~I~ TOWED ~L~N M~O~ INC. ~ F. MULLEN III OR ~LL~M ~ MULL~N. THIS PET~ION IS O~%Y IN ~NSE TO O~ G~ ~G~ BY ~W TO OP~SE THE PET~ION OF ~ F. MULLEN III ~D I~LL~M ~ M~Lh~ TO PR~E~ THE V~U~ OF PROPERTIES AND N~N THE RL~ c~ER OF OUR ~MMU~. PETITION SIGNATURE SHEET # PRINT NAlvlE ADDRESS SIGNATURE PHONE ~^~ '/ _ TO SOUTHOLD TOWN - ARD 1"1~ 1 IT ION WE THE UNDERSIGNED, AS RESIDENTS OF SOUI'HOLD TOWN WE ASK THE BOARD TO REJECT THE A~PLICATION OF RICHARD F. MULLEN III AND ~41LLIAi~! IL MULLEN TO DOWN ZONE COLONIAL CORNERS ~IB~ AND THE ~DJACENT RESIDENTIAL PARCEL OF LAND ~R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-0~2.00-03.00-022.001 AND 024.0~1) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR pAR~ING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEA.LERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. ~r WQULD ADVERSELY AlrI~CT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE SAFETY DUE T° INCREASED USAGE. ONCE THE PROPERTY 1S DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBII~ITY AS THINGS ARE. HOWEVEI~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFU~ HISTORIC 1~40 VILLAGE AND OUR RESIDEI~rlAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIXE TO KNOW WHO AUTHOBVT~r~ THE GU'Il'lNG OF THE T~ g~-g ON THE FORMER LUCEY PROPERTY AND WERE ANY OF'I'fiE TREES ON THE PUBLIC RIGHT OF WAY. WE THE pETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PAPERS L~ TRAVELER WATCHMAN/SUI~OLK TIMES. THIS PETITION IS GENERATED WITH NO ~LICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR ~r[LLIA~M IL MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD g. MULLEN III A~D WILLIAM IL MULLEN TO pROTECT THE VALUES OF PROPERT~,S AND MAINTAIN THE RURAL CHARACTER OF OUR CO,MMUNITY. PETITION SIGNATURE SHEET # PR]N'F NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN kRD l~-t ~£10N m WE THE UNDERSIGNED, III AND WILLIAM H. MULLEN TO DOWN ZO ~0~22.0~1 AND 024.001) TO A GENERAL BUSINESS PETITION SIGNAT~E SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN L..RD WE THE UNDERSIGNED, IIINAND~a~ ............ ,~==~a~&T~r~ ON SUFFOLK COUNTY TAX MAP 10~-0~2.00-03.00-~2.001 AND 024.001) TO A GENERAL BUS1NF~S HAMLET BUSINESS DISTRICFS OH RESIDENTIAL AREAS, Ti' wvtn.u ~ TO EXPAND INTO ................ t=~=e A~r~ BUSINESSF.~ NOT TO MENTION QUALITY OF ~IFE ANu ~ND VALVE OF IMMEDIATE..AND_~K.,~.o.~°,,~°,A%~V ~'l~tW~o,r~o AN~HhNG ~ AND MAY HAPPEN SAFETY DUE TO I~CREASED USAG~. or~,r~ ~n~ r~or~ ............... ' A COMMERCIAL BUSINESS DOES NOT BELONG 1N THIS ~l ~ING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY I~TO RF_.~IDENTL~kL ARF-.A~ MULLEN MOTORS HAS A GOOD NAME AND ENOUGH V~IBILITY AS THINGS ARE. HOWEVER, I~JRTHER COMMERCL~L E~'d~AN~ION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC ~40 VILLAGE AND OUR RESIDFA~TIAL PROPERTIF~ WE ASK THE BOAI~.D TO REJECT THIS A~pLICATION. W'E WOULD LIKE TO I~NOW WHO AUTHORI2~D THE C~r~ lNG OF THE TREF~ ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL pAPER~ Le. TRAVELER WATCHMAN/SUI~OI.,K TINIE~ THIS PETITION IS GENERATED WITH NO bI.~LICE TOWARD MULLEN I%IOTORS INC.., RICHARD F. MULLEN Ill OR WILLIAM H. bD~LLEN. THIS PETITION 1~ ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. I~IULLEN HI AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN. kRD PETITION ~ W'E THE UNDERSIGNED, TO EXPAND INTO HA~fLET .B_US.I~N.~F~.,D~I~-~I~I~i~OMES AND BUSINESSF~ NOT TO MENTION OUALITY OF LIFE AN o ~AN ............. THE PROPERTY IS ~G~ED ~H~G ~ ~D ~Y ~P~. PETITION SIGNAT~E SHEET PRINT NAME ADDRESS SIGNATURE PHONE ~. ~ ~,,.. ~, ~.,~,.t:/~.~.~..h'' ~-/ TO SOUTHOLD TOWN ~- ARD ~ THE UNDERSIGNED, TO EXPAND INTO HAI~ILEI llOo.~-~x~--~.~-~-(~-~N~l' uOM.~S ~ BUS1N~ NOT TO ME,ION OUAL~ OF LIFE ~NO A~ A .............. ~ T~E PROPERTY IS ~G~ED ~H~G ~ ~D ~Y ~P~' ~AFETY DUE TO INU~O ~A~ ......... A ~MMER~ BUSI~ ~ NOT BEING IN THIS S~G. ~ ~ ~C ~ ~GH NO~E ENOUGH ~SIB~ ~ THINGS ~ HO~ ~THER ~R~ ~ON I~O S~ ~11~ ~ NOT IN ~EPING ~H O~ B~IFUL HI~O~C 1~ ~L~GE ~D OUR ~DE~ PROP~ ~ WO~D L~ TO ~OW ~O A~O~D ~E ~ING OF ~ ~ ON ~ ~ ~ LU~ PROPER~ ~D ~ ~ OF ~E T~ ON THE PUBLIC ~G~ OF WAY. ~ THE PE~IO~ WO~D ~ ~ ~ ~ THE ~ P~E~ L~ T~LER WATC~N~OLK T~I~ THIS p~ON IS G~E~TED ~H NO ~l~ TOW~ M~L~ M~O~ ~ ~ F. ~EN III OR ~LL~I H. b~LEN. TH~ p~ION 1S O~Y h~ ~NSE TO OUR G~N ~G~ BY ~W TO OP~SE T~ p~ION OF ~C~ F. M~L~ III ~D ~LL~I ~ M~LEN TO PROTE~ THE V~U~ OF PROP~ ~D ~ THE RU~ ~ER OF OUR ~MMUNI~. PETITION SIGNAT E SHEET # PRINT NAME ADDRESS SIGNATURE PHONE I ,ell, TO SOUTHO;-D TOWN BOAI4~., PETITION WE TIIE UNDERSIGNED, AS RESIDEHTS OF SOUTHOLD TOW~ WE ASK TIIE BOARD TO RE2Ec'r TIlE APPLICATION OF RICIIARD F. MULLEN III AND WII.LL~vl H. MULLEN TO DOWN ZONE COLONIAL CORNERS B AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000062.00-03.00-022.001 AZ4D 024.001) TO A GENERAL BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPANDING THEIR PARKING AND STORAGF- TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT W.O.,UItID AD..VE~.R~E.L~¥.A~F~..E~C~r~wTvII~E~IN~T~E~GR~I~Ty AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO M~mllo~ yuan,.. ......... D SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SErl lNG. IT CI~EATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AIqD INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD N,~ME AND ENOUGH VISIBILITY AS THINGS ARIL HOWEVER, FURTHER COMMERCIAL ~.-XPAN$1ON INTO SAID SITES IS NOT IN KEEPING WI~H OUR BEAUTIFUL HISTORIC lg40 VILLAGE AND OUR RESIDF.2frIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. %YE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOP~MER LUCEY PROPERTY AND V.q~RE ANY OF THE TREES ON THE PUBLIC RIGIIT OF WAY. ~VE THE PETn'IONERS WOULD LIKE AN ANS%%~R VIA THE LOCAL PAPERS i.e. TRAVELER %YATCHMAN/SUFFOLK TIME~ THIS PETITION IS GENERATED WITH NO MALICE TOW.~RD MULLF~N MOTORS INC., RICHARD F. MULLEN III OR WILLL~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN EIGHT BY LAW TO OPPOSE THE PETITION OF RICI1ARD F. MULLEN III AND WILLL~M ti. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND MAINTAIN THE RUIL~L CIIAI~ACTER OF OUR COMMUNITy. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS ~ , SIGNATUILE~ .--.._. PHONE ~,^~ · ~ TO SOUTHOLD TOWi~ ~OARD PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN l .~.RD WE THE UNDERSIGNED, ~! ~,ND WILLIAM IL MULLEN TO DOwl~ z.~, ~ .~',,,~'~'~'~.~OI AND 024 ~1) TO A GE~L BUSINGS ~'~ ~IGNATED ON SU~OLK ~U~Y T~X b~ 1~~ ....... ~T~ pU~SE OF ~YP~DING THEIR p~NG · o ~x~ ~o ~L~ ~P~~OM~ A~ ~S~ ~OT TO M~O~ UE OF IMMEDIATE A~O ~ug~v~u~ ~AFETY DUE TO IN~ED USAGE. ONCE THE PROP~ IS A ~M~R~ BUSI~ ~ NOT BEING IN THIS S~G. ~ ~ T~C ~ ~GH NOISE ~ON~ ~D ~ION OF ~A~ I~O ~E~ ~OUGH ~SIB~ ~ ~NGS ~ HO~ ~THER ~ ~ON ~O ~D ~1~ !$ N~ IN ~PING ~H O~ B~ ~O~C 1~ ~G~ ~ O~ ~E~ ~ROP~TI~ ~ ~K ~ ~ TO ~ ~IS ~PLI~TION. ~ WO~D L~ TO ~OW ~O A~HO~n THE ~G OF T~ ~ ON T~ FO~MER L~ PROPER~ ~D ~ ~ OF ~E T~ ON THE PUBIC ~G~ OF WAY. ~ ~ P~l I 1 iO~ WOULD L~ ~ ~R ~ THE ~AL P~E~ L~ T~R WATC~OLK ~IS P~ION ~ GE~TED ~H NO ~I~ TOW~ ~L~ M~O~ ~C~ ~ F. ~LLEN III OR ~LL~i H. MULLEN. THIS ~ION IS O~Y IN ~NSE TO OUR G~ ~G~ BY ~W TO OP~SE T~ pET~ION OF ~D F. M~LEN III ~D ~LL~M ~ MULLEN TO FROTE~ c~ER OF OUR ~MMUNI~. PETITION SIGNAT~E SHEET SIGNATURE PHONE pRINT NAME ADDRESS // - TO SOUTHOLD TOWN )ARD WE THE U~DERSIGHED, S~AAN~E~LD~E TO 1~4C~F~ASED USAGE. ONCETHE i. ROPF..RTy 1S DOWNGRADEDANYTHINGC~aN AND MAY HAPPEN' PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE 7~ ~--~a~¢ ..~-f~ ~ ~,~,'~ '~r~ ~e~ ~ i/I/~ TO SOUTHOLD TOWN V~E THE UIgl)EB~IGNED, AS I~F..~IDEIh~S OF so. HOLD TOWN ~ ~K THE BO~ TO ~ ~:~ ~pLI~ON OF ~ F. ~L~ O~ R RS B ~V THE ~A~ R~IOE~IAL PAR~L OF ..... ~,, ~t ~ M~L~ TO ~ ~ COL~. - .~ ~, 02~ ~V 024 ~) TO A CE~E~ SUSanS ~~UE pU~$E OF ~XP~ING THEIR p~NG ~D ~O~ TO ~XP~O ~o ~lL~ SOS~ ~ ~', ~'~V~S~S SOT VO ~O~ QV~UTY OF L~r~ ~ ~ ~AFETY DUE TO INCR~SED USAGE. ~ 1~ r~ur~ · · A ~IER~ BUSI~ ~ NOT BELONG IN T~S 5~1 ~l~G, ~ ~ ~C ~ ~GH NOISE INF~ION~ ~ I~ION OF p~VA~ ~O ~IDE~ ~ b~N MOTO~ ~ A ~D N~IE ~NOUGH ~IL~ ~ T~GS ~ HO~ ~RTHER ~L%~R~ ~SION I~O S~D S~ IS NOT IN ~EPING ~H O~ B~ HI~O~C 1~0 ~L~GE ~ O~ ~ID~ PROP~TI~ PETITION SIGNAT~E S~ET V~qiTNF. SS::~ PI~~DATE ~'-~AGF'~ "~67 TO SOUTHOLD TOWN ~ THE UNDERSIGNED, FOR OB~OUS ~,~ ~ ~_.~= ~ ~=~m~.~ ~ W WOULD AD~RSELY A~ THE l~'l ~H I 1 Y ~FETY DUE TO INCR~SED USAGE. ONCE THE PROPER~ IS ~ ' A ~MN~R~ BU~ ~ NOT B~NG ~ THIS s~NG. ~ ~ ~C ~ HIGH NOISE I~ION~ ~D I~ION OF P~A~ ~O ~IDE~ ~ MU~EN MOTO~ ~ A ~D N~iE ENOUGH ~S~IL~ ~ THINGS ~ HO~ ~RTHER CON~IER~ ~SION I~O S~ S~ ~ NOT LN ~EPING ~H O~ B~I~ HI~O~C 1~0 ~L~GE ~D O~ ~ID~ PROPERTI~ ~ ~K T~ ~ TO ~ T~S ~PLI~TION. ~ WO~D L~ TO ~OW ~O A~O~D THE ~ l/lNG OF ~E ~ES ON T~ FO~R LU~ PROP~ ~ ~ ~ OF T~ T~ ON THE p~LIC ~G~ OF WAY. ~ THE pET~IO~ WO~D L~ ~N ~N~R ~ THE ~ P~E~ Le. T~LER WAT~X~O~ T~S PET~ION IS GE~D ~H NO ~I~ TOW~ XIULLEN M~O~ INC. ~ F, b~L~N III OR ~L~M H. blULLEN. THIS p~ION IS ONLY IN ~NSE TO OUR G~N ~G~ BY ~W TO OP~ THE PETITION OF ~ F. MULLEN II1 ~ ~LL~Xl ~ ~LLEN TO PROTE~ THE V~U~ OF PROPERTIES ~ND b~N THE R~ c~°~°wc°~umrr'PETITION SIGNATL~E SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ,--, . . UI - -. ~, ' SS: PH DATE I PAGE# TO SOUTHOLD TOWN ~ ^RD ^~o V^LU~ or ~,,,~m*rE ~D SUn~OU~V~aC ~OM~S AND BUS~X~S~.~_gT_ .T.O..~.OZ~ ?.V.A.,L.~£~., U~ ^~ PETITION SIGNATURE SHEET SIGNATURE PHONE # PRINT NAME ADDRESS ,' ~ _ / f f~ '_._~' , ~-] ~ ", · ~,,, ;_'1 ' ' TO SOUTHOLD TOWN ~ ~D W~ THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO RF.*JECT THE APPLICATION OF RICHARD F. MULLEN III A~~TD ~VILLIA~X! H. MULLEN TO DO~/ZONE COLONIAL C°RNERS fHB] AND THE/~D~AC~NT RESIDENTIAL PARCEL OF LAND (R-40~ (DESIGNATED ON SUFFOLK COUNTY TAX/viA~ 1000-062.00-03.00-022.001 A~ND 024.001) TO A GENERAL BUSINESS ~_ONE (B) FOR THE pURPOSE OF F-YPANDING THEIR pARKiNG AiVD $TORAGF, XPAND INTO HAMLET BUSINESS DISTRIL'I ~ uK ~ t- ¥ · TO E. A- -,,,~r~I~,TF. AND SURROUNDING HOMES ~ND BUSINESSES, NOT TO MENTION QUALITY OF LIFE A. A. AND VALUE uu ~!~ ....... :-' %---k'3 2~--~,-,~r -r.vr vuOP~RTY IS DOWNGI~a n~r~ ANYTHING CAN AND MAY HAPPEN. S~AFETY DUE TO INCREASED U~At~ A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SluiciNG. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFI~.~CTIONS, AND I,'~FVASION OF pRIVACY INTO RESIDENTIAL AI~EAS. MULLEN MOTORS HAS A GOOD NA~%IE A.ND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEI~ FURTHER COWLMERCIAL EXPA~SION INTO SAID S1TES IS NOT IN KEEPING WITH OUR BEALrrlFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES, WE ASK THE BOARD TO REJECT THIS APPLICATION. WE wOULD LIE.~ TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND ~VERE A'TY OF THE TREES ON THE PUBLIC RIGHT OF WAY. VCE THE PETITIONERS WOULD LIKE AN ANSWER VIA TIlE LOCAL PAPERS Lc. TRAVELER WATCHMAN/SUFFOLK T LMES- THIS PETITION IS GENERATED ~qTH NO biALICE TOWARD ,~{ULLEN MOTORS INC,, RICHARD F. MULLEN III OR WILLIA2vI H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIAMS H. lkIULLEN TO PROTECT THE VALUES OF PROPERTIES AND biAINTAIN THE RUraL CHARACTER OF OUR COMbIUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN I %RD WE THE UNDERSIGNED, AS RESIDENTS OF sOUTHOLD TO'FN WE ASK THE BOARD TO RE,IECT THE APPLICATION OF RICHARD F. MULLEN TOE.XPANDIr~/o~ ~ ND SURROUNDING HOMES AND BUSINI~ ~! l~ ~m N ' SAFETY DUE TO INCREASED USAGE., ONCE THE pl~r~l~ A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS ~:IilNG. H CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND I~ASION OF PRIVACY INTO RESIDF~NTIAL AREA~ MULLF~N MOTORS HAS A GOOD N.~ME F~NOUGH VISIBILITY AS THINGS ~ HOWE~EI~ FURTHER CO.%~i~IERCIAL F~XP~~/SION INTO SAID SITES IS NOT LN KEEPING WITH OUR BEAUTIFUL HISTORIC 1~40 VILLAGE AND OUR RESIDENTIAL PROPERTIES, V~E ASK THE BOAI~D TO REJECT THIS APPLICATION- V~E ~'O ULD ~ TO KNOW WHO AUTHORIZED THE Ctrl-I h~G OF THE TREES ON THE FOP~IER LUCEY PROPERTY ~N~) WERE ~ry OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE ~N ~SWER ~,qA THE LOCAL PAPERS L~ TRAVELER WATCHMAN/SUFFOLK TIME~ THIS pETITION IS GENERATI~D WTTH NO I~[ALICE TOWARD ~IULLE2¢ MOTORS INC. RICHARD F. MULLEN III O11 1VILLL~I IL MULLEN. THIS pETITION IS ONLY LN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. ~IULLEN III ~) WILLLM~! IL MULLEN TO pROTECT THE VALUES OF PROPERTIES 2~ND MALNTAIN THE RURAL CHARACTER OF OUR COMMUNITY- TION SIGNATURE SHEET # pRiNT NAME ADDRESS SIGNATUKE PHONE WiTNESS :~ PH~~DATE~PAG E#-~ TO SOUTHOLD TOWN ~ THE UNDERSIGNED, AS RESIDE"TTS OF sOUTHOLD TONVN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. bIULLEN IIl AND WILLL~M H. MULLEN TO DOWN ZON~ COLONIAL CORNERS B AND THE ~I~IACE~'TT RESIDENTIAL PARCEL OF LAND iR-40) (DESIGNATED ON SUFFOLK COUNTY TAX I~IAP 10~(O)42.0/L03.00-022,001 AND 024.001) TO A GENERAL BUSINF.~S ZONE (B) FOR THE PURPOSE OF F_~XPANDING THEIR pARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSIT/Y OR ANY COM,MERCIAL F~NTERI~RISE SHOULD NOT BE PEI~MITTED TO EXPAND INTO HAZ*ILET BUSINF~S DISTRICTS OR RF~IDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE I~EGRITY AND VALUE OF IMMEDIATE AJ~D SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION OUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY I$ DOWNGRADED A~N~TH lNG CAN A~ND ,NIAy HAPPEN. A COI~I.MERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATE5 TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREA~. MULLEN MOTOR5 HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HO'~FEVER, FURTHER CO~I,",IERCIAL F~XPANSION INTO SAID SITES IS NOT IN KEEPING W1TH OUR BEAUTIFUL HISTORIC 1~40 VILLAGE AND OUR RESIDENTIAL PROPERTIE~ WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIk~ TO I~OW WHO AUTHORTT-RD THE CUTTING OF THE TREES ON THE FOR.M'ER LUCEY PROPERTY A~rD W~RE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSV~'ER VIA THE LOCAL PAPERS I.e. TRAV'ELER WAT CHM--~//SUFFO LK TIMES. THIS PETITION IS GENERATED NVITH NO .NIALICE TOWARD MULLEN ~IOTORS INC., RICHARD F. MULLEN III OR NVILLIA~%I H. ,MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. ,NIULLEN III AND WILLLM~ ! H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MA/N'rAIN THE RURAL CHARACTER OF OUR COM.MUNTTY. PETITION SIGNATURE SHEET # P R.hN'T NAM~ ADDRESS SIGNATURE PHONE ~,.~ TO SOUTHOLD TOW '~OARD P~] ~ t iON XVE TIlE UNDERSIGNED, AS RESIDE,WTS OF sOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE Ai'PLICATION OF RICHARD F. MULLEN III AND WILLIAM II. MULLEN TO DOWN ZONE COI,ONIAI, CORNERS {'liB) .~ND THE ADJACENT RESIDENTIAl, PARCEl, OF I,AND ('R-40) (DESIGNATED ON SUFFOLK COUNTY TA.N ,MAP 1~00-062.00-0.L00-022.001 AND 024.001) TO A GENEI~L BUSINEb~ ZONE lB) FOR TII E pURPOSE OF EXPANDING T IEIR PARKING ~ND STOI~GE- FOR OBVIOUS REASONS, A CAR DEALERSIIIP OR A~' COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO E~XPAND hNTO IIAMLET BUSINESS DIb-FRICTS OR RESIDENTL~L ARF,.-~S. FI' WOULD ADVERSELY AFFECT TIlE INTEI;RITY AND VAI,UE OF [MI~IEDIATE AND SURROUNDING tlO3,IES AND BUSINESSES~ NOT T° MENTION QUALITY OF LIFE AND S~AAFET~ DUE TO INCREASED USAGE · ONCE TIlE PROPERTY IS DO'~VNGI~.DED ANYTIIING CAN A~D MAY IL~,PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TRAFFIC HAZARDS, IIIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS- MULLEN I~IOTORS IIAS A GOOD N,~.ME AND ENOUGH VISIBILITY AS TIIINGS ABE. IIOV4EVEI~ FUBTRER CO.MMERCIAL EXPA~NSION INTO SAID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL II IS"I'O RIC 1640 VILLAGE AND OUR RESI DEN~IAL PROPERTIE.~ WE ASK TIIE BOARD TO REJECT TillS APPLICATION. WE WOULD LIKE TO KNOW 9,~10 AUTIIORIZED THE CLrfTING OF T~E TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. V*'E TIlE PETITIONERS WOULD LIKE AN ANS~A'F,R '*'IA TIlE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TIMES, TIIIS PETITION IS GENER.ATED VVITII NO MALIC'E TO*~VARD MULLEN MOTORS INC.. RICHARD F. MUI,LEN Ill OR WlLLLLM H. blULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN III AND WILLIAM 1L MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND NIAINTAIN TIIE RI'RAL CtLXRACTER OF OUR COM.MUNITY. PETITION SIGNATURE SHEET SIGNATUR~ PHONE PRINT NAME ADDRESS , / / ,, . . c. . ,' ,~.~ .,~,', ,;'. ,, ,~,2~ ~7-; . ,,: ;'~ . ~, ~ -7? -/ ~ ,, __ ~ ~ , ~ ,~ '1 , ~' . .'./~ ! WITNESS :.~~~ TO SOUTHOLD TOV BOARD PETITION ~ WE TIlE UNDERSIGNED. AS RESIDENTS OF SOUTIIOLD TO*~VN W'E ASK TIlE BOARD TO ~ THE APPLICATION OF RI~RD F. MULLEN AND VALUE OF IMMEDIATE AND SURROUNDING HOM~ AND BUSIN~S~ NOT TO MENTION QUALITY OF LIFE AND ~AFETY DUE TO INCR~SED USAGE. ONCE Tile PROPERTY IS ~WNG~DED ~NYTIIING ~N ~ND MAY HAPPEN. A COMMER~ BUSIES ~ N~ BELONG IN TIII$ SE~ING. ~ ~T~ T~kF~C l~D~ HIGll NOl~ INF~IONS, AND I~ASION OF PRIVA~ INTO R~IDE~L AR~ MULLEN MOTORS [~S A ~D N~ME ~D ~ ASK TIlE BOARD TO RF~E~ Tills APPLICATION. ~VILL~M H. MULLEN. TIDS PETITION IS ONLY IN R~NSK TO OUR GleN RIGIIT BY ~W TO OPPOSE TIlE PETITION OF RICIIARD F. MULLKN Ill AND X~LLIAM D. MULLEN TO PROTE~ TIlE VALUES OF PROPERTIES AND MAINTAIN TIlE RUraL CIL~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS . -- SIGNATUILE PHONE ' t/ - ~9' '- ~ -' ~' ' -' ' , , , 16 .., ... - . .., ~ ( ~<, ,~. ,I7'1-~c~ TO SOUTHOLD TOWlX ,3ARD WE THE UNDERSIGNED, A~ RESIDENTS OF ~OtFFHOLD TOWN WE ASK THE BO~ TO ~ T~ ~PLI~TION OF ~ F. MULLEN Ill AND ~LLI~ H. MULLEN TO ~ ~ COLONIAL ~RNERS ~B) ~D THE A~A~ R~IDE~IAL PAR~L OF ~NE (B) FOR THE AND VALUE OF IM,-,~o~k~.~-~=~fi~ ~u~p~RTY IS ~G~ED ~H~G ~ ~D ~Y ~PEN. ~AFETY DUE TO INCR~o A COM~iER~ BUSIN~ ~ N~ BEING IN T~S SE~G. ~ ~ ~C ~ HIGH NOISE L~F~IONS, ~D I~ION OF p~VA~ ~TO ENOUGH ~SIBIL~ ~ THINGS ~ HO~ ~RTHER ~M~ ~$ION ~O S~D S~ IS NOT IN ~EPING ~H ~ ~K ~E ~ TO ~ THIS ~pLI~TION. ~ WO~D L~ TO ~OW ~O A~HO~D T~ ~NG OF ~ ~ ON ~ FOUR LU~ PROFER~ ~ND ~ ~ OF THE T~ ON THE P~LIC ~G~ OF WAY. ~ THE P~O~ WOD~ L~ ~ ~R ~ ~E L~ P~E~ THIS p~ION ~ G~TED ~H NO ~I~ ~OW~ ~N M~O~ ~ ~ F. ~EN IH OR ~LL~M ~ MULLEN. THIS P~ION IS ONLY 1N ~N~E TO ODR G~N ~G~ BY ~W TO OP~SE THE PET~ION OF ~C~ F. M~LEN III ~ ~LL~ ~ bI~LEN TO PROTE~ THE V~ OF ~RO~TIES ~ b~N ~E RU~ ~ER OF O~ COMM~. PETITION SIGNAT~E SHEET ' # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN WE THE UNDERSIGNED, M H MULLEN TO DOWN ZONE CO · LAND ('R--i0I ('DE pARKING A~ND STORAGE. ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR COMMERCIAL F. aN'TERPRISE SHOULD NOT BE pERMITTED FOR OBVIOUS ~NS, A CAR DEALERSHIP OR ~ 1~ WOULD ADVERSELY AFFECT THE INTEGRITY PETITION SIGNATURE SHEET SIGNATURE PHONE # pPdNT NAME ADDRESS ~}n~, t.~.'~ffr (Pie ~1+ I~.~ TO SOUTHOLD T°WN 1 kRD WE THE UNDERSIGNED, LA~ (D ESI G NAT E -D-~ ~ ~'-~,"~ ~';,~ · ,'~ ~:~v'='~ ~A ~ING AND STORAGF-- TO EXPAND INTO HA~IL~,E,T~B~U~,I~,~'~o~O AND VALUE OF IMMEo,~.,~ ~t' ~ ov~ ou~p~ IS ~G~ ~HING ~ ~D ~Y ~PEN. ~FETY DUETO INCR~SED USAGE. O PETITION S~GNAT~E SHEET TO SOUTHOLD TOWN ~E THE UNDERSIGNED, III AND WILLIAM H_..r~l_u~,.~,,,~ ~,~,~-~ ~"~NTY TAX biAP 1000-092.00-03.00-022.001 AND 024.001) TO A GF~NERAL BUS,nESS ~ _(D_~ ....... ~'~SE OF !vXPANDING THEIR pARKING AND STORAGF-. ZONE (B) FOR ~t'ttl~ TO EXPAND INTO HAMLET BU~I~ Ut,~..i,,l~,,~,~,~FS AND BUSINESSES. NOT TO MENTION QUALITY OF LIFE ~AFETY DUE TO INCREA~.u uo · IT CREATES TRAFFIC HAZARDS, HIGH NOISE A CO,'VlMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING, INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN bIOTORS HAS A GOOD NAbIE AND ENOUGH VISIBILrI'Y AS THINGS ARE. HOWEVER, FURTHER COIVIblERCIAL E.-YPA~rSION INTO SAID SITES IS NOT LN ICEEpiNG WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIRI~ TO I~-NOW WHO AU'rHORIZED THE CU Vt'lNG OF THE TREES ON TH~ FORMER LUCEY PROPERTY A~ID WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE pETITIONERS WOULD LII~ AN ANSWER VIA THE LOCAL pAPERS L~. TRAVELER IVATCH b£~N/S LrFFOLK TLXIES. THIS pETITION IS GENERATED ~A~rrH NO blALICE TOWARD bI~JLLEN I~IOTORS INC., RICHARD F. blULLEN III OR WILLLM'v[ H. MULLEN. THIS pETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND ~,~ILL IA.M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ,X Lkl.'~'r AIN THE RURAL CHAP. ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATUt~E PHON"E 4-4° g , TO SOUTHOLD TOWN ~VE THE UNDERSIGNED, ~~HE pURPOSE OF F-~PA~DING THEIR pARI~NG A~/v ~ ~ FOR OB~OUS ~N~ A ~ D~P OR ~ CO~IER~ ~$E SHOED NOT BE PE~M~ED TO EX P~ D I~O ~IL~ BUSI~ DI~S OR ~ID~ ~ ~ WO~D AD~RSELY A~ THE I~EGR~Y SAFETY DUE TO I~CREASED USAGE ~ ~ ~C ~ HIGH NOISE A COMMER~ BUS~ ~ NOT BELONG IN T~S ~ ~ M~.I.~N MOTO~ ~ A ~D N~ME ~IONS, ~ I~ON OF ~A~ ~O ~ID~ ~ ENOUGH ~S~IL~ ~ T~NGS ~ HO~ ~R~ER ~N~IER~ ~N~ON ~O $~D $~ IS NOT IN ~EPING ~H O~ B~ ~O~C 1~0 ~L~GE ~ OUR ~ ~ ASK THE ~ TO ~ ~S ~PLI~TION- ~ ~'O~D L~ TO ~OW ~O A~HO~D ~ ~-1 h~G OF ~ ~v~ ON T~ FO~R LU~ PROPER~ ~ ~ ~ OF ~E T~ ON THE PUBLIC ~G~ OF ~VAY. ~ THE P~O~ WO~ L~ ~ ~R ~ THE L~ P~E~ Lc. ~L~ WAT~OLK TLM~ ~ F. M~LEN III OR THIS p~ON IS GE~TED ~H NO ~I~ TOW~ ~ M~O~ ~ OF ~L~M H. M~LEN. ~IS ~ET~ION IS ONLY ~ ~pONSE TO O~ G~ ~G~ BY ~W TO OP~SE THE PET~ION ~C~ F. MULLEN III ~ ~M ~ M L%L~ TO pROTE~ T~ V~ OF PROP~TI~ ~ ~N~N THE C~ER OF O~ COMM~. PETITION SIGNAT~E SHEET # PLAINT NAME ADDRESS SIGNATURE PHONE / , TO SOUTHOLD TOWN B '~RD WE TIlE UNDEI~IGNED, TOEXpAND INTO HA~MLET ~ ............. Ax~c ~ RUSI~S~ N~ TO blE~lON QUALITY OF LIFE AND ~AF~ DUE TO INCR~SED USAGE. ~5c~ A COMMER~ BU~ ~ NOT B~ONG IN THIS S~G, ~ ~ ~C ~S, ~GH NO~E h~ION~ ~D I~ION OF P~A~ ~OUGH ~S~ ~ T~ ~ HO~ ~RTHER ~b~R~ ~ON I~O S~D S~ ~ NOT LN ~EPING ~H O~ B~ HI~O~C 1~ ~GE ~ OUR ~IDE~ PROP~ ~ ~K THE BO~ TO ~ T~S ~PLI~TION. ~ WO~D L~ TO ~OW ~O A~O~D T~ ~ING OF ~E T~ ON ~ FO~XIER LU~ ~ROPER~ ~ ~ ~N~ OF THE T~ ON ~ ~ P~C ~G~ OF WAY. ~ T~ PET~O~ WO~D L~ ~ ~N~ ~ ~E ~ P~E~ Lc. T~L~ WAT~b~OLK TLM~ THIS PET~ION IS GE~D ~H NO b~ TOW~ b~N M~O~ ~ ~ F, b~LEN III OR X~LL~I H. b[~LEN, THIS P~ION IS O~Y IN ~NSE TO OUR G~N ~G~ BY ~W TO OP~SE THE p~ON OF ~ F. MULLEN III ~ ~LL~M ~ M~LEN TO PROTE~ THE V~ OF PROPERTI~ ~ND N~ ~N ~E RU~ C~ER OF OUR COMNI~Y. PETITION SIGNAT~E SHEET TO SOUTHOLD TOV~ -~OARD ~O~E ~B) FOR TIlE PURPOSE OF ~X pANDISG TIIEIR PA~ING ~D STO~G~ FOR OB~OUS R~N~ A CAR D~M,ERSIIIP OR ~ ~MMER~L ~ERP~SE ~IIOULD N~ BE PERMITTED 'fO ~XPAND INTO ~MLET BUSINGS DIaRIeS OR R~IDENT~L AR~ ~ WOULD AD~RSELY AF~ TIIE INTEGRITY F IMNIEDIATE AND SURROUNDING IIOM~ AND BUSIN~SES~ NOT ~O MENTION OUALITY ~ ASK TIlE ROARD TO RF~ Tills APPLICATION. RICIIARD F. blULLEN III AND ~LLIAM IL MULLEN TO PROTE~ TIlE VALU~ OF PROPERTIF~ AND MAINTAIN TIlE RUral. CI~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ~ f[/~: TO SOUIHOLD TO~ BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW~ WE ASK THE BOARD TO REJ~ THE APPLICATION OF RICHARD F. MULLEN ~ONE (B) FOR THE pU~SE OF ~Xp~DING THEIR PARKING ~D ~O~G~ FOR OB~OUS ~N~ A ~ D~LE~HIP OR ~ ~ER~ ~SE SHOULD N~ BE PE~i~ 1 ~D A ~MMER~ BU~ ~ NOT BEING IN THIS ~ING. ~ ~ T~C ~ HIGH NOISE PETITION SIGNATURE SHEET SIGNATURE PHONE ~^~ # PKINT NAME ADDKESS ,-r,.m--;%.t . TO SOUT~OLD TOW 3OARD PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOW- hOARD I,VE THE UNDERSIGNED, I11 AND 'WILLIAM IL MULLEN ,o .~1~. ~i~.T~.` v ~t*~, t~2 ~ 00-022.001 AND 024.001) TO A GENERAL BUSINE.~ 'ETITION SIGNATURE SHEET PRINT NA-M~ ADDRESS SIGNATURE PHONE ~~' ' , ' . , . .~ / - . . / . ~ · ~ ~. - -. : ~: ~VITNESS: TO SOUTHOLD TOWt OARD WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TO~ 'WE ASK THE BOARD TO R~ TIIE APPLICATION OF RIP.RD F. MULLEN [11 AND WILl JAM IL MULLEN TO ~WN ZONE COLONIAl, CORNERS (liB) AND TIlE ADJACENT RF~IDE~IAL PARr'EL OF ~(~ FOR TIlE PUR~SE OF EXPANDING TIIEIR PARKING ~D STO~G~ FOR OB%qOUS RF~N~ A C~ D~LERSIIIP OR ~ ~MMER~L ~E~RISE SHOULD N~ BE PERMITTED PETITION SIGNATURE SHEET # PKINT NAME ADDRESS SIGNATURE PHONE ~,.~ - ~~'.t ~t~ N~ ~f.~,~z~ '~c~t~-~ '- ~' "' '. 7~s-?,~. TO SOUTHOLD TOV/. ~OARD (R-lo) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 104~.0~1.00~X3.0~022.001 AND 024.001) TO A GENEI~L BUSIN~ FOR TIlE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE /d¥,~ j~z~,,lz~/~-o i~erf-?/~,~ r,~ t~tf..-- WITNESS:.~_~i~~ PH# TO SOUTHOLD TOWN .~OARD WE THE UNDERSIGNED. III AND WILLIAM II.~blULLEN TO DO.W~.. ZONE COLONIAL CORN _E_R~S__ ~ (DESIGNATED ON SUFFOLK COUNTY TAX blAP I ..... ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE. A COMMERCIAL BUSINF. SS DOES NOT BELONG IN THIS SETTING. IT CREATE~ TRAFFIC IIAZARDS, HIGll NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL ARE. AS. MULLEN bIOTO~ IIA$ A GOOD NAME AND ENOUGII VISIBILITY ~S TILINGS ARF~ HOWEVEP~ FURTIIER COblI*,IERC'IAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL HISTORIC 1~40 VILLAGE AND OUR RESIDENTIAL PROPERTIES~ WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF ~Hk~ TREES ON THE FORblER LUCEY PROPERTY AND WER~ AN'Y OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIlE pETITIONERS WOULD LIKE AN ANSWER VIA TIlE LOCAL PAPERS L~. TRAVELER WATCH.XIAN/SUF~OLK TIMES. THIS PETITION IS GENERATED wrrll NO MALICE TOWARD MULI~N MOTORS 1NC. RICIIA~D F. MULLEN Ill OR V,'ILLIA2M H. bIULLEN. THIS pETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF F ICIIARD F. blULLEN Ill AND WILLL~uM IL blULLEN TO PROTECT TIlE VALUES OF PROPERTIES ^ND bIAINTAIN TIlE RUP~XL CH,~RACTER OF OUR COblMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN B~ .~_RD PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN HI AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND {R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.00- 022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEBR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE . ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTYFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LllqHg TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN 1II OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN HI AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. 7'O SOUTHOLD TOWN k kill) PETITION WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOWN WE ASK THE BOARD TO REJEC~ THE APPLICATION OK RICH~ARD F. MULLEN Ill AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.0~-03.00-022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING TttEIR PARK/NG AND STORAGE, FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY CObIMERCIAL ENTERPRiSE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY MEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE A~ND AND VALUE OF IM W ED ~NYTHING CAN .MND MAY I~PPEN. SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO NGRAD A COblMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGtI NOISE INFI~&CTIONS, A~D INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS tL&S A GOOD Nt~ME AND ENOUGH VISIBILITY AS THINGS ARIL HOWEVEIL FURTHER COMbIERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION- WE WOULD LIKE TO IGNOW WHO AUTHORIZED THE CUTTING OF TIlE TREES ON THE FORMER LUCEY PROPERTY A~ND %VERE ANY OF THE TREES ON TIlE PUBLIC RIGItT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSWER VIA TItE LOCAL PAPERS Le. TRAVELER WATCHblAN/SUFFOLK TlblES. TItIS PETITION IS GENERATED WITR NO MALICE TOWARD bIULLEN MOTORS INC., RICHARD F. bIULLEN III OR %VILL~AM H. MULLEN. TIllS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. bIULLEN III AND SVILLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND 5L~INTAIN TtIE RUPO~L CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAIvlZ ADDRESS SIGNATURE PHONE v^~,, ~ ~ ' - t WITNESS: PIt # 7~2~--~--C/c9~ AT E ~--~PAGE# / 'fO sOUTHOLD TOWN L.~ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ~VE ASK TIlE BOARD TO REJEC'r THE APPLICATION OF RICII~RD F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB] AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R~0) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 100~.0~2.00-03.0~-022.001 AND 024.001) TO A GENERAL BUSINESS Z--ONE (B) POR THE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE- FOR OBVIOUS REASONS, A CAR DE&LERSHIP OR ANY COMMERCIAL ENTERPRISE SItOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. 1T WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND ~IAY H.~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC tIAZARDS, HIGII NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL ARI~kS. MULLEN MOTORS ItAS A GOOD N~ME AND ENOUGH VISIBILITY AS THINGS ARF~ HO~VEVER~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITIt OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTL~L PROPERTIES. WE ASK TIlE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW ~tO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERT5 AND ~VERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. V~E TIlE PETITIONERS WOULD LIKE AN ANSWER VIA THE THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN Ill OR WILLL~M H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN III AND ~VILLI~M H. MULLEN TO PROTECT Tile VALUES OF PROPERTIES AND MAINTAIN TIlE RUI~L C}L&RACTER OF OUR COMMUNITY. TITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE I PHONE ,'/ones q35 TO SOUTHGL ) TOWN E ,1CD ~ ~ PETITION [[ WE THE UNDERSIGNED, AS RESIDENTS OF sOUTHOLD TOWN WE ASK TtIE BOARD TO REJECT TtIE APPLICATION OF RICHARD F. MULLEo~ II1 AND WILLIAM II. MULLEN TO Do'WN ZONE COLONIAL CORNERS OtB) AND TIIE ADJACENT RESIDENTIAL PARCEL LAND (R~0) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000_062.0~-03.00-022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORaGE- FOR OBVIOUS REd, SONS, A CAR DEALERSHIP OR A?OL COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXPAND IbUfO IL4aMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. MENTION QUALITY OF L1FE AND AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTIIING CAN AND MAY IL~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN TttIS SETTING. 1T CREATES TRAFFIC HAZ~kRDS, IIIGII NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS IL:~S A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HO~VEVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT 1N KEEPING ~VITH OUR BEAUTIFUL HISTORIC 1~40 VILLAGE AND OUR RESIDENTIAL PROPERTIES. '~VE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO I~NOW WIIO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF TIlE TREES ON TtIE PUBLIC RIGtfT OF WAY. WE TIIE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PAPERS Le. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED ~&"ITH NO MALICE TOWARD MULLEN MOTORS INC., RICItARD F. MULLEN III OR ~YILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICtL~RD F. MULLEN III AND WILLI.4~M Ii. MULLEN TO PROTECT TIIE VALUES OF pROPERTIES AND MAINTAIN TItE RUR..LL CIIAR.~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAIvlE ADDRESS SIGNATURE PHONE TO SOUT}iOLD TOWN b.~. iLO PETITION ~ WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'~rN WE ASK Tile BOARD TO REJECT TIlE APPLICATION OF RICIt2~RD F. MULLEN 11I AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS 0tB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX /vlAP 10~0o062.00-03.0~4~22.~01 AND 024.001) TO A GENERAL BUSINESS 7~ONE (B) FOR TIlE PURPOSE OF EXPANDING THEIR PARKING AND STORAGF, FOR OBVIOUS REASONS, A CAR DEALERSIlIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE pERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND NIAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGlt NOISE INFRACTIONS, A~ND INVASION OF pRIYACY INTO RESIDENTIAL ~REAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER, FURTtlER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING V~ITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. %~E ASK TIlE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW VE}IO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND W'ERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA TIlE LO~AL PAPERS Le. TR~'*nELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENER.&TED ~rITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLL&M R. MULLEN. TillS PETITION IS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIA~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TItE RUP~L CHAIL&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN , 4,RD ~VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK TIlE BOARD TO PoY~ JE CT THE APPLICATION OF RICHARD F. MULLEo~ III AND WILLIA~I H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB} AND THE ADJACENT RESIDENTIAL PARCEL LAND (R-40} (DESIGNATED ON SUFFOLK COUNTY TAX SL~P 10~0~62.00d)3.00~22.001 AND 024.04)1) TO A GENERAL BUSINESS ZONE (B) FOR TIlE PURPOSE OF EXPAaNDING THEIR PARKING A~ND STORAGF~ FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. MENTION QUALITY OF LIFE AN O AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING C3aN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL ARF~k~ MULLEN MOTORS HAS A GOOD N32vIE AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEP, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING '~IT H OUR BEgtUTIFUL HISTORIC 1640 XrILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. '*VE WOULD LIKE TO ~NOW W~IO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AuN A~NSWER VIA TIIE LOCAL PAPERS Lc. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED V~ITH NO MALICE TOWARD MULLEN MOTORS INC., RICI~RD F. MULLEN III OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND '~VILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAIN-fAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT N/~v[E ADDRESS SIGNATURE PHONE TC SOUTHOLD TOWN )ARD PETITIO.~ W~ THE UNDERSIGNED, AS RESIDENTS OF SOUTItOLD TO~VN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN III AND ~LLIAM H, MULLEN TO ~ ~NE COLONIAL CORNERS ~B) ~ND TIIE ADJACENT RESIDENTIAL PARCEL OF LA~D ~-40) (~ES1GNATED ON S~FFOLK COUNTY T~X MAP 1~-~2.~-03.~-0~2.~1 ~ND 024.~1) TO A GENE~L BUSINESS ~NE (B) FOR THE P~RPOSE OF EXPANDING THEIR PARKING ~ND STO~G~ FOR OBVIOUS R~NS, A CAR DE~ERSHIP OR ~ COMMERC~ ENTE~RISE SHOULD NOT BE PERMITTED TO EXP~ND INTO ~ILET BUSINESS DISTRI~S OR RESIDENT~L A~S. ~ WOULD AD~RSELY AFFE~ THE INTEGRITY AND VAL~E OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION 9UALITY OF LIFE SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS ~WNG~DED ~NYTHING CAN ~D ~Y A COMMERC~L BUSINESS ~ES NOT BELONG IN TtIIS SETTING. IT CREATES T~tFFIC HANDS, HIGH NOISE INF~IONS, ~D INVASION OF PR1VA~ INTO RESIDENT~ ~EAS. MULLEN MOTORS ~ A GOOD N.~ME AND ENOUGH ~SIBILITY AS THINGS A~. }IO~ FURTHER COMMERC~L EXP~SION INTO SAID SITES IS NOT IN ~EPING ~TH OUR BEAUTIFUL HISTO~C I~0 ~LLAGE AND OUR RESIDENT~L PROPERTIES. ~ ASK THE BOA~ TO R~E~ THIS APPLICATION. PETITION SIGNATURE SHEET # p IKI N~I' NAME ADDRESS SIGNATURE PHONE WITNESS: '~eeqt2b,~- -~ .~,/ox~-~ ?H# ~,5--' ~¢4.) ~ ])ATE ,qO/::;[q./~.~' PAGE# TO SOUTHOLD TOW1 30.ARD PETITION WE TIlE UNDERSIGNED, AS RESIDENTS OF sOUTIIOLD TOWN WE ASK THE BOARD TO REJECT TIlE APPLICATION OF RICHARD F. MULLEN II1 AND WILLIPuM II. MULLEN TO DO',VN ZONE COLONIAL CORNERS {tlB~ AIND THE ADJACENT RESIDENTIAL PARCEL OF LAND 01-40} (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~-0~2.0~-03.0~022.001 AND 024.04)1) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE- FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPILISE SHOULD NOT BE PERMITTED TO EXPAND INTO IIAMLET BUSINESS DISTRIC'YS OR RESIDENTIAL AREAS- 1T WOULD ADVERSELY AFFECT TIIE INTEGRITY ~ND VALUE OF IMMEDIATE AND SURROItNDING HOMF~q AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTIIING CAN AND bIAY ItAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TRAFFIC ItAZARDS, HIGII NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL ARE~ MULLEN MOTORS HAS A GOOD N~ME AND ENOUGtt VISIBILITY AS TILINGS ARE- IIOWEVER~ FURTIIER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING X~qTtl OUR BEAUTIFUL IIISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIlE BOARD TO REJECT TItIS APPLICATION. WE WOULD LIKE TO KNOW WltO AUTHORIZED THE CUTTING OF TItE TREES ON THE FORblER LUCEY PROPERTY AND WERE ANY OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIIE PETITIONERS WOULD LIKE AN ANSWER VIA TIlE LOCAL PAPERS i.e. TRAVELER WATCHM~N/SUFFOLK TIMES. THIS PETITION IS GENERATED WITtl NO IVIALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR V*qLLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIIARD F. MULLEN III AND WILLIA3! II. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND MAINTAIN TIlE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME . ADDRESS ~ SIGNATURE PHONE .~'. / ~r' '1 L $OUTHOLD ToWN boARD WE Tile UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN 5VE ASK TIlE BOARD TO REJECT TIIE APPLICATION OF RICHARD F. MULLEN III AND WILLIAM tt. MULLEN TO DOVgN ZONE COLONIAL CORNERS (HB) AND TBE ADJACENT RESIDENTIAL PARCEL OF LAND 01-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.0~-022.01}1 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGF~ FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COI~II~IERCIAL ENTERPRISE SItOULD NOT BE PERMITTED TO EXPAND INTO IIAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING ttOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTItlNG CAN ,MND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGIt NOISE INFRACTIONS, AaND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS tlAS A GOOD NAME AND ENOUGH VISIBILITY AS TItlNGS ARE. HOWEVER, FURTItER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING '~VIT ti OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ~VE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW 'sVHO AUTttORIZED TIlE CUTTING OF TIlE TREES ON THE FOR'vIER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA TtfE LOCAL PAPERS Le. TRAVELER WATCH,,LAN/SUFFOLK TIMES. THIS PETITION IS GENEI~4,TED '~VITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLIAM H..'vIULLEN. TillS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TtlE PETITION OF RICHARD F. MULLEN III AND 5VILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIIE RUI~kL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PPdNT NAME ADDRESS SIGNATURE PHONE WITNESS: TO SOUTHOLD TOWN ~ jARD ~ PETITION WE THE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD ToWN '~VE ASK TItE BOARD TO REJECT TItE APPLICATION OF RICHARD F. MULLEN Ill AND WlLLIA~M ti. MULLEN TO DOVEN ZONE COLONIAL CORNERS OIB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R~0) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.00-022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR TIlE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING IIOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO iNCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY tIAPPEN. A CONIMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING- IT CREATES TRAFFIC IIAZ~kRDS, tItGH NOISE INFR>,CTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGII VISIBILITY AS THINGS ARE. IIOWEVER, FURTttER COMMERCIAL EXPANSION INTO SAID SITES IS NOT Ih' KEEPING WITH OUR BEAUTIFUL IIISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. ~VE WOULD LIKE TO IGNOW WtIO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. '*~"E THE PETITIONERS WOULD LIKE AN ANSWER YIA TilE LOCAL pAPERS Le. TRAVELER WATCH~IAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITII NO MALICE TOWARD MULLEN MOTORS 1NC., RICttARD F. MULLEN Ill OR WILLIA?q It. MULLEN. TIllS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TtIE PETITION OF RICtlARD F. MULLEN Ill AND '~VILLIA.~I H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIlE RUP~L CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN B .RD 'WE THE UNDERSIGNED, ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR PA FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE pEI~MITTED TO EXPAND INTO ItAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY ~, ,r~,ll!~ f~F IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO 1MENTION QUALITY OF LIFE AND A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE ENOUGH VISIBILITY AS TILINGS ARE. HOVc~VEIL pURTHER COMMERCLAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEdtUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES- '*VE ASK. THE BOARD TO RE3ECT THIS APPLICATION. WE WOULD LIKE TO KaNOW t,VHO AUTHORIZED THE CUTTING OF THE TREES ON THE FOR>dER LUCEY PROPERTY .&aND 'WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. 'CeE THE PETITIONERS WOULD LIKE ,4~N ~NS'WER ~,q_$. THE LOCAL PAPERS I.e. TRAVELER ~,¥ATCHMAaNtSUFFOLK TIt*lES. THIS PETITION IS GENERATED ~.VITH NO MALICE TOWARD MULLEN MOTORS INC., RICHAItD F. MULLEN 1II OR WILLLMM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~"EN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III .-MND ',VILLLMM H. MULLEN TO pROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CELMRACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHON'E . , ,,,, .: . 8~ ~la~-~ 7Q~'/'~ ~ ~ /~ ~, 977 TO SOUTHOLD TOW, ;OARD PETITION II WE TIlE UNDERSIGNED, AS RESIDEtN~rs OF SOUTttOLD TOWN '.*gE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN Ill AND WiLLIA.M H. MULLEN TO DOWN ZONE COLONIAL CORNERS 0tB) AND THE ADJACENT RESIDENTIAL PARCEL OF I,AND {R-40) (DESIGN ~,TED ON SUFFOLK COUNTY TAX MAP 10~)_062.00-0J.0OA)21.001 ~ND 0~4.~1) TO A GENE~kL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING ~D STO~G~ FOR OBVIOUS R~SONS, A C~ D~LERSIIIP OR ~ COMMER~ E~E~SE SIIOULD NOT BE PE~IITTED TO EXPAND INTO IIAMLET BUSINESS DISTRI~S OR RESIDENT~L AR~ ~ WOULD AD~RSELY AFFE~ TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS ~WNG~DED ~NYTtIING C~ ~ND MAY HAPPEN. A COMMERC~ BUSINESS ~ES NOT BELONG IN THIS SE~ING. ~ CRATES T~FIC }~DS. HIGIt NOISE INF~IONS. AND INVASION OF pRIVA~ INTO RESIDENT~L AR~ MULLEN MOTORS IIAS A G~D NAME AND ENOUGlt ~SIBILITY AS TILINGS ARL 110~ FURTHER COMMER~ EXPANSION INTO SAID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL HI~ORIC 1~0 ~LLAGE AND OUR RESIDE~L PROPERTIES. WE ASK TIIE BOARD TO RF~E~ TIIIS APPLICATION. %$~ WOULD LIKE TO KNOW ~O A~HORIZED THE ~ING OF T~ T~ ON THE FORMER LUCEY PROPERTY AND WERE~NYOFTIIETREESONTIIEPUBLICRIGIITOFWAY' WETIIEPETITIONERSWOULDLIKEANANSWERYIATIIE I,OCAI, PAPERS I.e. TRAVel,ER WATCIIMAN/SUFFOLK TIMES. TIIIS PETITION IS GENE~TED ~TII NO NIALICE TOWARD MULL~N MOTORS INC., RICHARD F. ~IULLEN III OR X~qLL~NI H. MULLEN. TttIS PETITION IS ONLY IN RESPONSE TO OUR Glen RIGHT BY ~W TO OPPOSE TIlE PETITION OF RICIIARD F. MULLEN III AND X~qLLIAM IL MULLEN TO PROTE~ TIlE VALUES OF PROPERTIES AND MAINIAIN TIlE Rl'~kI, CIL&~ER OF OUR COMMUNITY. PETITION SIGNATUR TOSOUTHOLDTOW 5OARD WE TIIE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOWN WE ASK TIlE BOARD TO REJEC~ TIlE APPLICATION OF RICIIARD F. MULLEN Ill AND 'WILLIAM II. ,MULLEN TO DOWN ZONE COLONIAL CORNERS OIB} A~ND TIlE ADJACENT RESIDENTIAL PARCEl. OF I,AND (R 40) (DESIGNATED ON SUFFOLK COUNTY TAX ,MAP 10043_062.00-03.0~4~22.001 AND 024.O01) fO A GENEPo~.i, BU'51NI'~S ZONE (B) FORTBE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. FOR OB'vqOUS REASONS, A CAR DEALERSIIIP OR ANY COMMERCIAL ENTERPPdSE SIIOULD NOT BE PERMITTED 'ro EXPAND INTO II,\F, ILET BUSINESS DISTRICTS OR RESIDEN-rlAL ARI~~,s. IT WOUED ADVERSEIA' AFFECT TIlE INTEGRPFY AND VALDE OF IMMEDIATE AND SURROUNDING tlOMES AND BUSINESSES~ NOT TO MENTION QUAEIFY OF LIFE ANI) SAFETY DUE TO INCREASED USAGE. ONCE DIE PROPERTY IS DO~$ NGIG\DED ANYTIIING C,~N AND MAY IL\PPI;N. A COMMERCLkL BUSINESS DOES NO'r BELONG IN IIIIS SETTING. FI' CREATES TIoLkEFIC IL&ZARDS, IlIGII NOISE INFR..\CTIONS. AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS tlAS A GOOD NAME AND ENOUGII VISIBILITY AS TIlINGS ARE. IIOWEVER, FURTIIER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~,~,qTt I OUR BEAUTIFUI, HISTORIC 1610 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIIE BOARD TO RF~rE-CT TIIIS APPLICATION. WE WOULD LIKE TO KNOW ',~IO AUTIIORIZED TIIE CUTTING OF THE TREES ON TIlE FORMER LUCEY PROPERTY AND WERE.~NY OF IIIE TREES ON TItE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANS~XER VIA TIlE I,OCAL PAPERS I,e. TRAVELER WATCIIMAN/SUFFOLK TIMES. TltIS PETITION 1S GENERATED WITII NO MALICE TOWARD MULLEN MOTORS INC., RICIIARD F. MULLEN III OR WILLb\M 1I. NIULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGIIT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN Ill AND V¢ILLIAM Il. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIIE R['RAI, CII.&RA(Tr ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PKINT NAN~E ADDRESS /~ SIGNATURE PHONE TO SOUTHOLD TOWN 'ARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN LAND (1/40) (DESIGNATED ON SUFFOLK t. uu:~xx ZONE (B) FOR THE PURPOSE OF EXPANDING TIIEIR PARKING AND STOR~GIL FOR OBVIOUS RE~SONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSESt NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRiDED ANYTttING CAN AND MAY kL~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS ItAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HO;VEVER, FURTHER COMMERCIAL EXPA~NSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW V~rHO AUTHORIZED THE CUTTING OF TIlE TREES ON TIlE FORMER LUCEY PROPERTY AND WERE ANY OF THE TI~EES ON THE PUBLIC RIGHT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANS%YER VIA THE LOCAL PAPERS Lc. TRAVELER ;VATCH~L~N/SUFFOLK TIMES. THIS PETITION IS GENERATED %VITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLL~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RUR.~L CHARACTER OF OUR COM,MUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ~^m / TO SOUTHOLD TOWN WE THE UNDERSIGNED, AS RESIDENTS OF sOUTHOLD ToWN '*VE ASK THE BOARD TO REJECT THE APPLICATION OF RICH-4.RD F. MULLEN III AND ~VILLIA~I H. MULLEN TO DOWN ZONE COLONIAL CORNERS ~HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R~0) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000.062.00-03.00-022.001 AND 024.00l) TO A GENERAL BUS1NES~ ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STOP. AG,Y- FOR OBVIOUS RE~SONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXP.~ND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. MENTION QUALITY OF LIFE AND AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY 1S DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARF~ HOWEVEIL FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. XVE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGI1T OF WAY' WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PAPERS Lc. T R.&VELER ~,VATCH MA~N/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLIAM H. MULLEN. THIS pETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND XVILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND M.MNTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ..... WITNESS: TO SOUTHOLD TOWN · *.RD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTItOLD TO;~q WE ASK THE BOARD TO RF~IECT THE APPLICATION OF RICiI~O~D F. MULLEN AND WILLI~I It. MULLEN TO DO%VN ZONE COLONIAL CORNERS 0tB) AND THE AD.IACENT RESIDENTIAL PARCEL OF ~E (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS RF~&SONS, A CAR DEALERSHIP OR AI~ COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXPAND INTO ItAMLET BUSINESS DISTRICTS OR RESIDENTIAL ARF~S. MENTION QUALITY OF LIFE AND AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO S~FETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRP3)ED ~MNYTItlNG C~N ~dND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG 1N THIS SETTING- 1T CREATES TRAFFIC ItAZARDS, HIGH NOISE INFR.&CTIONS, ~uND INVASION OF PRIVACY INTO RESIDENTIAL ~REAS. MULLEN MOTORS HAS A GOOD NAME ~ND ENOUGH VISIBILITY AS TilINGS ARF~ HOWEVER, FURTHER COMMERCIAL EXPANSION INTM SAID SITES IS NOT IN KEEPING '~%1TIt OUR BEAUTIFUL IIISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIlE BOARD TO REJECT TtlIS APPLICATION'. WE WOULD LIKE TO t~NOW %~IO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND '~¥~ERE ~ OF THE TREES ON THE PUBLIC RIGHT OF WAY. '~E THE PETITIONERS WOULD LIKE AN ~NSWER VIA THE LOCAL PAPERS Le. T R~*v1~LER WATCHM~N/SUFFOLK TIMES. THIS PETITION IS GENERATED W1Ttt NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLL~,M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TilE PETITION OF RICH~D F. MULLEN III 3uND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TilE RUR_&L CHARaCTER OF OUR COMMUNITY. 'ITION SIGNATURE SHEET WITNESS: TO SOUTItOLD TOWN ~ARD PETITION II - '~VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ~rE ASK THE BOARD TO REJECT THE APPLICATION OF RICIL&RD F. MULLEN iii mD W~LLX~m H. MULLEN TO ~OW~ ZONE COLONIAL CORNERS . AND THE ADJACE,'rr RESIDENTIAL FARCE~ OF LAND 40~ (DESIGNATED ON SUFFOLK COUNTY TAX M,.~.~I ~0~;~O0-~0~.~0~022-001 AND 024.001) TO A GENERAL BUSINESS ZONE (~Bi FOR THE pURPOSE OF EXPANDING THEIR PAR~m~' A .......... FOR OBVIOUS RE&SONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO F~XPAND INTO HAMLET BUSINESS DISTRICTS OR RESlDENTL~L AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO 1NCRF&SED USAGE. ONCE THE PROPERTY IS DO~q~GRADED ~NYTH1NG CA~N AND WL~Y HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CRF~TES TRXFF1C HAZARDS, HIGH NOISE INFRACTION~ AND INVASION OF pRIVACY INTO RESIDENTIAL AR~AS. MULLEN MOTORS HAS A GOOD NAME P,ND ENOUGH ~ISIRILITY AS THINGS ARIL HOWEVER~ FURTHER COMMERCIAL EXP~uNSION INTO SMD SITES IS NOT IN KEEPING V~TH OUR BF~UTIFUL HISTORIC 1640 ~LLAGE AND OUR RESIDENTLkL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF Tile TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~VE TIlE PETITIONERS WOULD LIKE AN ~NS~rER ~A TlfE LOCAL PAPERS Le. TRAVELER WATCHM~uN/SUFFOLK TIMES. THIS PETFrlON IS GENERATED ~TH NO ~IALICE TOWARD MULLEN MOTORS INC., RICHARD F. bIULLEN III OR THIS PETITION IS ONLY IN RESPONSE TO OUR GF~EN RIGHT BY LAW TO OPPOSE THE PETITION OF ~LLL~M H. MULLEN. RUP~&L RICHARD F. MULLEN III AND W1LLL~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ~LMNT~dN THE CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PPdNT NAME ADDRESS SIGNATURE PHONE ~^~ : WITNESS: ~/A.~ DATE~ TO SOUTHOLD TOWN 3ARD %VE THE UNDERSIGNED, AS RESIDEN"YS OF SOUTHOLD TOWN WE ASK TIIE BOARD TO REJECT THE APPLICATION OF RICHARD F./vIULLEN (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF III AND 'WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS 024.001) TO A GENERAL BUS1NES~ LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX I~L~P 10~-062.0~03.00-022.0~1 AND ~ONE (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE- FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE pEI~MITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND IN~rASION OF pRIVACY INTO RESIDENTL%L AREas' MULLEN MOTORS ~L%S A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ~ tlOWEVER, FURTHER CObIMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 16A0 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSV~ER VIA THE LOCAL PAPERS Lc. TRAVELER WATCHbLa~N/SUFFOLK TIMES. TItIS PETITION IS GENERATED WITH NO bL4LICE TOWARD MULLEN MOTORS INC., RICHARD F. blULLEN III OR BY LAW TO OPPOSE THE PETITION OF WILLL~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT RURAL RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT Tile VALUES OF PROPERTIES AND MAINTAIN Tile CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET SIGNATURE PHONE ~^r~ # PRINrgNAME ADDRESS WITNESS: IZ_ DATE~/~. PAGE# ~'- TO SOUTHOLD TOY''''~ BOARD PETITION THE UNDERSIGNED, FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER~MITTED TO EXPAND INTO P, JtMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND 5Ls, y HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN Tills SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD N.~ME AaND ENOUGIt VISIBILITY AS THINGS ARE. HOWEVER. FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING XVITH OUR BEAUTIFUL HISTORIC 1~40 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO ICNOW WItO AUTHORIZED TIlE CUTTING OF THE TREES ON THE FOI~MER LUCEY PROPERTY AaND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSgVER X~A TfIE LOCAL PAPERS Lc. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED ~TYH NO gL&LICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # Pt~INT NAME ADDRESS . SIGNATURE PHONE WITNESS: TO SOUTHOLD ToWN, ,kRD PETITION '*VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'~fN WE ASK THE BOARD TO REJEC'~ THE APPLICATION OF RICHARD F. MULLEN III AND ~V1LLIAM IL MULLEN TO DOV(N ZONE COLONIAL CORNERS (HB) b. aND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1.0~..-062.~O0~0.3A~0~022'0~1 A~ND 024.001) TO A GENER~kL BUSINESS ~.ONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STuv, A~.r~ FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PER~X~IITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFEC~ THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND NIAY HAFPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRb~FFIC HAZb, RDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEI~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~,VIT H OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION- WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSXVER VLh THE LOCAL pAPERS Lc. TRAVELER WATCHMAn/SUFFOLK TIMES. THIS PETITION IS GENERATED ~VITH NO MALICE TOWARD MULLEN MOTORS INC, RICHARD F. MULLEN III OR '*VILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY I~kW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES A~ND MAINTAIN THE RUILkL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATU1LE PHONE WITNESS: ~.~ ~ ~j _~_ PH# "~,ffa~'~ ~//2~DATE ~/d'~/~ 9PAGE# ~ TO SOUTHOLD TOWN ARD - II ~ '~ PETITION ;VE TIlE UNDERSIGNED, F. MULLEN AS RESIDENTS OF sOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICltARDpARCEL OF III AND WILLL~%I H. MULLEN TO DOWN ZONE COLONIAL CORNERS (liB} AND TIlE ADJACENT RESIDENTIAL LAND (11-401 (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000.0~2.00-03.00-022.001 baND 024.001) TO A GENERAL BUSINESS ZONE (B) FaR THE PURPOSE OF EXPANDING THEIR pARKING AND STORAGE- FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCL~L ENTERPRISE SHOULD NOT BE PERSIlTTED IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. blENTION QUALITY OF LIFE AN D AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CbdN AND/vlAY HAPPEN. A COMMERCL~L BUSINESS DOES NOT BELONG 1N THIS SETTING. IT CREATES TRAFFIC IL4ZARDS, HIGH NOISE INFI~4CT1ONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NA~ME baND ENOUGH VISIBILITY AS THINGS AILL HO~FEVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO IGNOW ;~FIt O AUTHORIZED THE CUTTING OF THE TREES ON THE FOR2qER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGItT OF WAY. ~ THE PETITIONERS WOULD LIKE ban ANSVCER ;~A TIlE LOCAL PAPERS Lc. TR.&VELER WATCH~L4~N/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR 'WILLL~M H. MULLEN. THIS PETITION 1S ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICIL~RD P. MULLEN III AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COblMUNITY. PETITION SIGNATURE SHEET SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullah Motors along Cottage Place was to be used for Employee Parking Only. Facl. There have been over ,15 cars stored there overnight. (I violation). 2. A 165 ft. long grass buffer. 10 ft. wide with 27 six ft. hemlock trees was sppposed to separate the neighbor's valuable property from the car dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain llnk fence along with 60 ft. of Iow growing shrubbery was to be installed and planled on the east side of Collage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out. replaced by macadam and parked cars. (2 violations}. 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of cars. Fact. The gates have been removed, replaced by multiple car access. ( I violation). 5. "Employee Parking Only" signs were supposed to be installed in Employee Parking Lot. Fact. They have never been installed. (I violation). 6. The chain link fence enclosing the Customer Parking t.ot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also. the lot designated for Customer Parking and Dealership Sales, only has Dealership cars parked on it. (t violation). 7. No vehicles are allowed between the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (I violation). 8. Unshielded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states. "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries.' The Neighborhood currently tolerales excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZBA with a 1994 Area Variance, the entire front landscaped area Was mscadamed over. This action violated the Site Plan once a~ain, as well as the Area Variance granted to the dealership on Sept. 26. 1994. To date. neither violation has been addressed. (2 violations). 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affecl the visibility of drivers exiting Cottage Place Ohio the Main Road-- an accident waiting to happen. (I violation). Total Number of Violatlons=14 S.T.O.P.--Watch Southold Town Organization for Preservation--Watch P.O. Box 1445, Southold, N.Y. 11971 Information PUBLIC DOMAIN gathered from Southo[d Town Planning Board and ZBA files. PETITION SAVE COLONIAL COR~ERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHE~AS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in wester~ s Suffolk, characterized by strip malls, car dealerships, gas station , sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences,, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullen have applied to expand this car dealership further, erec~ another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: NAME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERT~ VALUES · to be residents of Southold Town, a town rich in WHEREAS, we are.p~oud ...... ~n blessed with lush g~een, fa.tm_ history, steeped in colon~a~ ~i~w~ beaches, and char~sg f~elds, breath-taking water front - .-' ~-~--~ ~ualities of life ~n ~er~ which provide us with one o= the nxgu=o~ America; WHEREAS, we are disgusted by the sprawling development in western suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island d~velopment pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erec~ another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial ~t to be Corners to the General Business zone which would allow leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destro~ the character o.f the neighborhood, lower propert~ values, and harm the .tourist-based econom~ and local business which depend heavil~ on their charm and appearance to attract customers; THEREFORE, we the undersigned, business persons and residents of So~uthold, request that THE TOWN BOARD VOTE NO TO THIS CHAN~E OF ZONE: NAME ADDRESS PHONE SIGNATURE ~,~.- ~,:'-;'-~ ...... -,'-"~:Z_~ ........ '-'~ c '~.~-~/ ~'*~ - .~~ ---~'o~.~-~,~.~ ~ ~t;~. '~-t "~_J__%Z.-~.-~-k~_' ................................ ~-- --- . ,,~,-,~-'/~-~ _S-~ Fi-', ~ ~. ~ . . ..................... ~ ............... ,~ ........................................ ~ ..... , i.~t~.i]~..L.~:s__~ .... a~.~._~ .... ~- ..... : ........ ~~~-- ~a~-~~k~.~.._~~-~--~~~ ~~ ~ ~ ---r~-~-~ ~ ~ ~ ~[~ .............. ........ _. PETITION SAVE COLONIAL CORNERS STOP SU~UR~R~N SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES ~EREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in A~erica; ~g{EREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; · ~q~EREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and-chop down old trees and vegetation which would mean more suburban sprawl; W}{EREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', 'we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: J / PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRA~rL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; '' %~HEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE¥ 'we the undersigned, business persons and residents of Southold request that THE TOWH BOARD VOTE NO TO THIS C~ANGE OF ZONE: # PRINT NAS,{E ADDRESS SIGNATURE PHONE WITNESS: PETITION SAVE COLONI~J~ CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGU~RD PROPERTY VALUES W~EREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE} 'we the undersigned, business persons and residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PR1 iNr'I' NAME ADDRESS SIGNATURE PHONE ORIGINAL In the Matter of the Application of MULLEN MOTORS STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Gene L. May, being duly sworn, deposes and says: York. 12 199 1. I am not a party to the action, am over 18 years of age, and reside in Quogue, New 2. On the 1st day of October, 1999, I served a true copy of the within RESOLUTION by Certified Mail, Return Receipt Requested, upon: Clifford Saunders, Jr. 1375 Bungalow Lane Mattituck, NY 11952 - Return Receipt No. Z 204 116 349 Melissa & Daniel Wilcenski 115 Hobart Avenue Southold, NY 11971 - Return Receipt No. Z 204 116 348 Steve & Valeria Belich 285 Hobart Road Southold, NY 11971 - Return Receipt No. Z 204 116 350 Joseph Aksten Box 482, Cottage Place S outhold, NY 11971 - Return Receipt No. Z 204 116 351 Emerson C. Hasbrouck, Jr. & Mary Lee RR1, Farm Road Wading River, NY 11764 - Return Receipt No. Z 204 116 352 Daniel Poliwoda Cottage Place Southold, NY 11971 - Return Receipt No. Z 204 116 353 Barbara S. Adams P. O. Box 1074 Shelter Island Heights, NY 11965 - Return Receipt No. Z 204 116 354 Richard F. Mullen, Jr. Mullen Realty P. O. Box 1408 Southold, NY 11971 - Return Receipt No. Z 204 116 355 Richard F. Mullen, Jr. Mullen Realty P. O. Box 1408 Southold, NY 11971 - Return Receipt No. Z 204 116 356 William M. Corbett P. O. Box 551 Southold, NY 11971 - Return Receipt No. Z 204 116 347 David & Janice Szczesny 9 Sandpiper Court East Quogue, NY 11941 - Return Receipt No. Z 204 116 346 Doris Zito P. O. Box 770 295 Locust Lane Southold, NY 11971 - Return Receipt No. Z 204 116 345 Anthony & Debra Soto 165 Locust Avenue Southold, NY 11971 - Return Receipt No. Z 204 116 344 Southland Corp. P. O. Box711 Dallas, Tx. 75221-9867 - Return Receipt No. Z 204 116 343 Lester M. Albertson P. O. Box 695 Southold, NY 11971 - Return Receipt No. Z 204 116 342 Esther M. Pilles P. O. Box 1309 Southold, NY 11971 - Return Receipt No. Z 204 116 357 Janet Ryan P. O. Box 286 Southold, NY 11971 - Return Receipt No. Z 204 116 358 ORIGINA, L In the Matter of the Application of MULLEN MOTORS RECEIVED OCT 1 2 199U STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Gene L. May, being duly sworn, deposes and says: 1. I am not a party to the action, am over 18 years of age, and reside in Quogue, New Certified Mail, 2. On the Ist day of October, 1999, I served a tree copy of the within RESOLUTION by Return Receipt Requested, upon: Clifford Saunders, Jr. 1375 Bungalow Lane Mattituck, NY 11952 - Return Receipt No. Z 204 116 349 Melissa & Daniel Wilcenski 115 Hobart Avenue Southold, NY 11971 - Return Receipt No. Z 204 116 348 Steve & Valeria Belich 285 Hobart Road Southold, NY 11971 - Return Receipt No. Z 204 116 350 Joseph Aksten Box 482, Cottage Place Southold, NY 11971 - Return Receipt No. Z 204 116 351 Emerson C. Hasbrouck, Jr. & Mary Lee RRi, Fam~ Road Wading River, NY 11764 - Return Receipt No. Z 204 116 352 Daniel Poliwoda Cottage Place Southold, NY 11971 - Return Receipt No. Z 204 116 353 Barbara S. Adams P. O. Box 1074 Shelter Island Heights, NY 11965 - Return Receipt No. Z 204 116 354 Richard F. Mullen, Jr. Mullen Realty P. O. Box 1408 Southold, NY 11971 - Return Receipt No. Z 204 116 355 Richard F. Mullen, Jr. Mullen Realty P. O. Box 1408 Southold, NY 11971 - Return Receipt No. Z 204 116 356 William M. Corbett P. O. Box 551 Southold, NY 11971 - Return Receipt No. Z 204 116 347 David & Janice Szczesny 9 Sandpiper Court East Quogue, NY 11941 - Return Receipt No. Z 204 116 346 Doris Zito ?. O. Box 770 295 Locust Lane Southold, NY 11971 - Return Receipt No. Z 204 116 345 Anthony & Debra Soto 165 Locust Avenue Southold, NY 11971 - Return Receipt No. Z 204 116 344 Southland Corp. P. O. Box 711 Dallas, Tx. 75221-9867 - Return Receipt No. Z 204 116 343 Lester M. Albertson P. O. Box 695 Southold, NY 11971 - Return Receipt No. Z 204 116 342 Esther M. Pilles P. O. Box 1309 Southold, NY 11971 - Return Receipt No. Z 204 116 357 Janet Ryan P. O. Box 286 Southold, NY 1197l - Return Receipt No. Z 204 116 358 ORIGINAL In the Matter of the Application of MULLEN MOTORS STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Gene L. May, being duly sworn, deposes and says: York, RECEIVED OCT 12 199Y 1. I am not a party to the action, am over 18 years of age, and reside in Quogue, New 2. On the Ist day of October, 1999, I served a true copy of the within RESOLUTION by Certified Mail, Return Receipt Requested, upon: Clifford Saunders, Jr. 1375 Bungalow Lane Mattituck, NY 11952 - Return Receipt No. Z 204 116 349 Melissa & Daniel Wilcenski 115 Hobart Avenue Southold, NY 11971 - Return Receipt No. Z 204 116 348 Steve & Valeria Belich 285 Hobart Road Southold, NY 11971 - Return Receipt No. Z 204 116 350 Joseph Aksten Box 482, Cottage Place Southold, NY 11971 - Return Receipt No. Z 204 116 351 Emerson C Hasbrouck, Jr. & Mary Lee RR1, Farm Road Wading River, NY 11764 - Return Receipt No. Z 204 116 352 Daniel Poliwoda Cottage Place Southold, NY 11971 - Return Receipt No. Z 204 116 353 Barbara S. Adams P. O. Box 1074 Shelter Island Heights, NY 11965 - Return Receipt No. Z 204 116 354 Richard F. Mullen, Jr. Mullen Realty P. O. Box 1408 Southold, NY 11971 - Return Receipt No. Z 204 116 355 Richard F. Mullen, Jr. Mullen Realty P. O. Box 1408 Southold, NY 11971 - Return Receipt No. Z 204 116 356 William M. Corbett P. O. Box 551 Southold, NY 11971 - Return Receipt No. Z 204 116 347 David & Janice Szczesny 9 Sandpiper Court East Quogue, NY 11941 - Return Receipt No. Z 204 116 346 Doris Zito P. O. Box 770 295 Locust Lane Southold, NY 11971 - Return Receipt No. Z 204 116 345 Anthony & Debra Soto 165 Locust Avenue Southold, NY 1197l - Return Receipt No. Z 204 116 344 Southland Corp. P. O. Box 711 Dallas, Tx. 75221-9867 - Return Receipt No. Z 204 116 343 Lester M. Albertson P. O. Box 695 Southold, NY 11971 - Return Receipt No. Z 204 116 342 Esther M. Pilles P. O. Box 1309 Southold, NY 11971 - Return Receipt No. Z 204 116 357 Janet Ryan P. O. Box 286 Southold, NY 1197l - Return Receipt No. Z 204 116 358 John & Mary Pietrodangelo P. O. Box 1309 Southold, NYl1971 - Return Receipt No. P 195 952 056 Charles W. Witzke 5615 Main Road Southold, NY 11971 - Return Receipt No. Z 204 116 359 the addresses designated by said parties for that purpose, by depositing same enclosed in a postpaid properly addressed wrapper, in the Riverhead Post Office at 21 West 2nd Street, Riverhead, New York 11901, under the exclusive care and custody of the United States postal service within the State of New York. ..-"(3e~e L. Ma~ fi/ Sworn to before me this 4~ day of October, 1999. Notary Pu°61ic MARGARET BIZZOCO Notary Public, State of New Yo~ No. 01 BI4691045 Qualified in Suffolk ~ Commission Expires May 31, 20 30/09 '99 THU 16:14 FAX 518 765 6145 $0UTHOLD CLERK ~]0o3 Town l-Ia]l, 53095 1Viain Road P.O. Box 1179 Southold, New York 11971 Fax (b16) 765-61~16 Telephone (516) 765-1800 OFFICE OF ~ TO~N CLERK TOWI~ OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A RECULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 28. 1999: RESOLVED by the Town Board of the Town of Southold that the Town Board will hold a public hearing on October 12, 1999 at 8:__2~0 P.M. at the Southold Town Hall 53095 Main Road, Southold, New York on the question of an amendment to the zoning map on petition from Pdchard F. Mullen III and William Mullen for the parcels identified as SCTM~ 1000-62-03-22. 1, and SCTM #1000-624)3-24.1. The proposed zone change for the parcel identified as SCTM #1000-62-03-22.1 is from Hamlet Business (HB) to C~neral Business (B) and the proposed zone change for the parcel identified as SCTM~ 1000-62-03-24.1 is Low-Density Residential (K-40) to C-~neral Business (B); be it further Ri{SOLVED by the Town Board of the Town Of Southold that this petition for an amendment to zoning map be referred to thc Town of Southold Planning Department and the Suffolk County Planning Department for review and recommendations. Southold Town Clerk September 28. 1999 Tel: (516) 727-3947 ALLEN M. SLOTH Attorney and Counselor at Law 737 Roanoke Avenue P.O. Box 1240 Pdverhead, New York 11901 October 12, 1999 Fax: (516) 727-3950 VIA I-L\ND DELIVERY Town Board Town of Sourhold Southold Toxvn Hall 53095 Main Road Southold, NY 11971 Re: Public Hearing - October 12, 1999 Petition of Mullen ~c~VED 1999 Iown Clerk Ladies and Gendemen: Please be advised that I represent Jamce J. Szczesny and David R. Szczesny. My clients own residential real property abutting the property which is the subject of this hearing. I enclose a copy of my letter addressed to your Board dated August 18, 1997. My opinion is unchanged as of this date. Please note that this apphcation requires a referral to the Suffolk County Planning Commission. Please further note that the Planning Commission's response is required prior to a hearing on this Petition. A review of the Town Clerk's file does not sho~v a response by the County Planning Commissioner. It is respectfully suggested that this hearing be adjourned untl such time as the Planning Commission's report is received. Very truly yours, Allen M. Smith AMS:ked Enclosure cc: Mr. and Mrs. David R. Szczesny (w/encl.) Arthur DiPietro, Esq. (w/encl.) Allen M. eSmith ltterney and CounKdo~ at Ukcrhcad. Ne'~' ~brk ileal August 18, 1997 Town Board Town Hall To,am of Southold Main Road Southold, NY t1971 Re: Zoning Change Application of Mullen Dear Mesdames and Sirs: Please be advised that I represent Janice J. Szczesny and David R. Szczesnv. My clients own the improved real property abutting the parcel which is the subject ~f this Petition. My clients' property is designated as SCTM Number I000- 062.00-03.00 -26 and a copy of their survey is enclosed for your reference. Please accept this comment with reference to the SEQRA review conducted to date on this Petition. Please review Mr. Voorhis' report dated July 8, 1997. Mr. Voorhis qualifies his report in the supplemental page entitled "Project Description." His assumption reads as follows: "If any new structures are proposed on the project site in the future a new LEAF should be filed containing specific site plan information for use and evaluation by the lead agency in issuing a determination of significance." It is respectfully submitted that this is not an appropriate approach to a change of zone application pursuant to your Zoning Code and the Town Law. If you were to grant the requested Change of Zone, the use and structures permitted thereby (B Business) could be constructed as of right. A review at that future date might have some value but no matter how adverse the impacts such a review would not preclude either the use or StrUctures. It is my opinion that the proper basis for review is to assume the maximum permitted build out as permitted by the requested Zoning (B Business). This analysis should consider both permitted uses and structures. Such a review would provide your Town Board Page 2 of 2 August 15, 1997 Board with the necessary information to further consider the impacts of the proposed change. If the Petitioners' wish to stipulate (as a mitigation measure) that the land adjacent to my clients' land would remain vacant and used for parking, the appropriate vehicle for that stipulation is a covenant and restriction running in favor of the Town and the Szczesnys. Such a covenant should address the following matters: the maximum build out envelope for the proposed parking, the composition and maintenance standards for the parking lot, set backs from the residential zoned properties, fencing, landscaped buffers, drainage (especially as it affects the Town Highway and adjoining properties), curb cuts~ indirect illumination and hours of operation. I thank you for your consideration of the above. Please list me as an interested party to the SEQRA review of this action. Please also provide me with the notice of hearings and/or meetings relative to this Petition. Very truly yours, ; ] , ' . / Allen M. Smith AMS:ked Cc: Mr. and Mrs. David R. Szczesny Jennifer B. Gould, Esq. Chic Voorhis, P.E. i~ECEI~1~D October 12. 1999 TO: Thc Southold Tox~~n Board FROM: The North Fork Envirommental Council Re: Mullen Motors zone change applicatiou Dear Board members. Ox,er the past weeks we have discussed the health of the hamlets at great length. We agonized over various Route 48 questions in order to never lmowingly damage or weaken the hamlets What is in LB. what is in R/O and hox~ can x~ e word these changes to protecl thc hamlets while being fa!~r with, affected bus~ness Now hcrc x~c arc. discussing a proposed expansion of a non-conforming usc within the Southold Hamlet An auto dealership and repair facility currently sits on an island of General Business property x~itlhn a Hamlet Business and Residentially zoned area, While a fully conforming use in the General Business zone, this automobile business is unfortunately out of place where it is located, in the context of the Hanllct Business zone surrounding it To add to the difficulty of the situation there is as a part of this operation that is currently a parking lot that is a pre-existing, non-conforming use The apphcatinn seeks to expand this non-conformity into the residential area~wttich4d~ On top of this the application seeks to change the Colonial Comers to General Business zone, while simultaneously~that no actual change of use is contemplated. ~Th~s is an extremely strange s~o~ of In light of the applicants long history in Southold his business plans have not been taken lightly. In fact this subject has received enormous a~tention as it has worked its way through the system To follow through with this type of scrutiny and to insure proper stud}~ and a fair hearing it is necessary to do as Att3, Carolyn Zenkrequests.'~x ~.ae. ¢.T~- ~, VI'~ 13 A positive declaration and a full Environmental Impact Statement is called for. Fair treatment of the Southold Hamlet as well as the Mullen ownership demands this much President, NFEC pETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling uarking lots, and neon lights; development which has ruined the qualit~ of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullin have applied to expand this car dealership further, erect another parking lot, and chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the ower ro erty values, and harm the tour%st-~ased - neighborhood, 1 . _ p. P -~:-~ ae-end heavily on their charm ann economy and local nusLness w,z~uu ~ m appearance to attract customers; THEREFORE, we the undersigned, business persons and. residents of Southold, request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: NAME ADDRESS PHONE SIGNATURE PETITION SAVE COLONIAL CORNERS STOP SUBURBAN SPRAWL PROTECT LOCAL BUSINESSES SAFEGUARD PROPERTY VALUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm iields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; WHEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, william and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and-chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; R~HEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', we the undersigned, business persons and residents of Southold request that THE TOWN BOARD VOTE NO TO THIS CHANGE OF ZONE: # PRINT NAME ADDRESS S IGNA~-~{E PHONE ,^,~ PETITION SAVE COLONIAL CORNERS STOP SUBURB~N SPRAWL PROTECT LOCAL BUSINESSES : '~ ~ SAFEGUARD PROPERTY V~_LUES WHEREAS, we are proud to be residents of Southold Town, a town rich in history, steeped in colonial tradition, blessed with lush green farm fields, breath-taking water-front views, beaches, and charming hamlet centers which provide us with one of the highest qualities of life in America; WHEREAS, we are disgusted by the sprawling development in western Suffolk, characterized by strip malls, car dealerships, gas stations, sprawling parking lots, and neon lights; development which has ruined the quality of life, replaced Mom and Pop businesses with national chains, and wrecked property values; ~FdEREAS, the Mullen Motors Corporation resembles this up island development pattern with its sprawling parking lot filled with cars, chain-linked fences, lack of a sidewalk, and sparse landscaping; WHEREAS, William and Richard Mullen have applied to expand this car dealership further, erect another parking lot, and. chop down old trees and vegetation which would mean more suburban sprawl; WHEREAS, the Corporation requests a change of zone for Colonial Corners to the General Business zone which would allow it to be leveled for a parking lot, developed as a fast food restaurant strip, and allow ugly gas stations, car washes, and warehouses there; WHEREAS, this zone change would destroy the character of the neighborhood, lower property values, and harm the tourist-based economy and local business which depend heavily on their charm and appearance to attract customers; THEREFORE', we the undersigned, business persons and residents of Southold request that THE TOWN BOARD VOTE NO TO THIS CHANGE oF ZONE: # PRINT NAME ADDRESS SIGNATURE PHONE TO ~OUTHOLD TOWls b'OARD PI~ lION WE THE UNDEIL~IGNED, AS RESIDENTS OF SO.HOLD TO~ ~ ASK THE ~A~ ~ ~ ~ ~p~TION OF ~ F. MULLEN ~NE (B) FOR THE pU~SE OF ~P~DING THEIR p~NG ~D ~G~ FOR OB~OUS ~N~ A ~ D~E~ OR ~ ~R~ ~E ~O~D NOT ~ p~ED PETITION SIGNA~E SHEET # PRINT NAME ADDRESS } SIGNATURE PHONE ~/~ ~? · TO SOUTHOLD TOWN s~OARD WE THE UNDEHSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO RF.~e~T THE A~PLICA~ON OF PACHARD F. MULLEN Ill AND WILLIAM IL MULLEN TO DOWn/ ZONE COLONIAI~ CORNERS (HB) AND THE ~DJACENT RESIDENTIAL PARCEL OF ZONE (B) FOR THE pI~ or r.~r~- ~,,,-~,. ,.ELR pA~k~N TO~EXxr~v'~~I~N~OIMIL~DID~/ATT~U~D~U~)~iNO ~IOMF~ AND BUSINESSES. HOT TO A COMMERCIAL BUSINESS DOF~ NOT BELONG IN THIS ~,1 t~NC,. IT CREATES TRAFFIC HAZARDS, HIGH NOL~E INFRACTIONS, AND INVASION OF pRIVACY INTO I~ESIDENTIAL AREA~ MULLEN MOTORS HA~ A COOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEI~, FURTHER COMMERCLA~L 1~XISANSION INTO SAID SITF.-~ IS NOT KEEPING WITH OUR BEAUTIFUL HISTORIC !~0 VILLAGE AND OUR 1~~IDEN'~L~L pROPERTIES- WE ASK THE BOARD TO RF,.~CT THIS A~PLICATION. WE WOULD LIK~ TO KNOW WHO AUTHORIZED THE CUTTING OF'I HE TREES ON THE FO P~M ER LUCEY pROPERTY AND WERE ANY OF THE TREES ON THE pUBLIC RIGHT OF WAY. WE THE pETITIONERS WOULD LIKE AN ANSV~ER VIA THE LOCAL pA~ERS Lb TRAVELER WATCHMAN/SUFFOLK T LM E.% THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULL~N MOTORS INC~ RICHARD F. MULLEN IH OR THIS pETITION 1S ONLY IN R~.~ONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETFTION OF WILLL~M IL MULLEN. ~LMNTAIN THE RURAL RICHARD F. MULLEN IH AND WILLIAM H. MULLEN TO PROTECT THE VALUE5 OF PROPERTIES AND CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PKINT NAME ADDRESS SIGNATIffKE PHONE TO SOUTHOLD TOWN'BOARD V~E THE UNDERSIGNED, AS RESIDENTS OF 8OUTHOLD TOWN ~VE ASK THE ~ TO ~ THE ~PLICATION OF ~ F. MULLEN 111 ~ND ~LL~ H. MULLEN TO ~ ~ ~LONIAL ~R~ ~B) ~D THE ~A~ RESIDE~IAL PAR~L OF ~NE ~) FOR T~ p~SE OF ~DING TH~ TO ~yp~D ~O~BU~v~o ..... ~ ~ RU~ NOT TO ME~ION OUAL~ OF LIFE AND ----~ ~W~D~ A~ ~ROU~ING ~m~ .......... . PEN ~N~ VALUE OF = ~=~.uo~OPERTYIS~G~ED~NG~D~Y~ · SAFETY DUE TO IN~SED USAG A ~R~ BU~ ~ NOT B~ONG ~N~ION~ ~ I~ON OF ~A~ ~O ~D~ ~OUGH ~SIB~ ~ ~N~ ~ HO~ ~RTH~ ~PING ~H O~ B~L ~O~C 1~ ~L~GE ~ O~ ~E~ PROPERTI~ ~ ~K T~ BO~ TO R~ THIS ~ WOULD LI~ TO ~OW ~O A~HO~D THE ~ING OF THE T~ ON THE FO~R LUCY PROPER~ ~D ~ ~ OF THE T~ ON THE PUBLIC ~G~ OF WAY. ~ THE p~IONE~ WOULD LI~ ~ ~R ~ THE L~AL P~E~ L~ T~LER WAT~/SUFFOLK TLM~ THIS p~ION IS G~TED ~H NO ~I~ TOW~ MUL~N M~O~ LN~ ~D F. M~L~ IH OR %~L~ ~ M~LEN. THIS p~ION IS O~Y IN ~NSE TO O~ G~N ~G~ BY ~W TO OPPOSE THE p~ION OF ~ F. MULLEN III ~D ~LL~M H. MULLEN TO PROTE~ THE V~U~ OF PROPERTI~ ~ND N~AIN THE RU~ c~ER OF OUR COMMUNI~. PETITION SIGNAT~E SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO sOUTHOLD TOWN ]~OARD WE THE UNDERSIGNED, . ~ (DESIG~A'~ r~_.. ........ ,,or- WHEIR p~NG ~D ~O~G~ ~E (B) FOR T~ p~s~ or ~,~-,~- FOR OB~OUS ~N~ A ~ D~E~H~ OR ~ ~R~ ~SE ~O~ NOT BE p~U l l ~D ~S OR SAFETY DUE TO A ~R~ BU~ ~ NOT BEING ~ ~S ~G. ~ ~T~ ~C ~ ~GH NOISE ~ON~ ~OUGH ~B~ ~p~G ~H O~ B~ ~O~C 1~ ~L~GE ~ O~ ~ pROPERT~ ~ ~K ~ ~ TO ~ THIS ~PLI~TION. ~ WOULD LI~ TO ~OW ~O A~HO~D THE ~G OF T~ T~ ON ~ FO~MER LUCY pROPER~ ~ ~ ~ OF THE T~ ON THE pUBiC ~G~ OF WAY. ~ THE PET~IONE~ WOULD LI~ ~ ~R ~ THE ~ p~E~ L~ T~~R WAT~OLK TL~I~ ~S p~ON IS GEt.TED ~H ~L~ ~ M~. ~IS PET~ION IS O~Y 1N ~NSE TO O~ G~N ~G~ BY ~W TO OP~SE T~ p~ON OF ~D F. b~N HI ~ ~L~I ~ M~LEN TO pROTE~ THE V~U~ OF pROPERTI~ ~ ~ THE RU~ ~ER OF OUR ~NIMUN~. PETITION SIGNAT~E SHEET ~D~SS To s°~rraoLD TOW~ B'OAV. D ~ R~ID~S OF ~B~ ~D THE ~A~ R~ID~IAL PAR~L III AND ~LL~i H. blULLEN TO ~ ~NE ~NIAL CO~RS ' ~0~ ~IGNATED ON SU~OLK ~ T~X ~_~2~~2'~1 ~D 02~1) TO A G~ BUSINGS ~THE pu~SE OF ~Xp~D~G THEIR p~u TO ~XP~D I~O ~IL~ BUSJ~.~ .... "OM~ AND BU~E~ NOT TO MENTION OUAL~ OF LIFE AND AND VALUE OF IMMEDIATE &~o OU~~F. RTY IS ~AFETY DUE TO INCR~SED USAGE. ONC A ~W~IER~ BU~ ~ N~ ~NG IN T~S S~G. ~ ~ ~C ~ ~GH NOISE ENOUGH ~SIBIL~ ~ ~INGS ~ HO~ ~HER ~EP~G ~H OUR B~FUL HI~O~C 1~ ~L~GE ~ O~ ~ ~ROPERT~ ~ ~K THE ~ TO ~ T~S ~P~CATION. ~ WO~D LI~ TO ~NO%V ~O A~O~D THE ~G OF ~E T~ ON THE FO~XIER LUCY PROPER~ ~ND ~ ~ OF THE T~ ON THE PUBLIC ~GHT OF WAY. ~ THE PET~IONE~ WO~D LI~ ~N ~R ~ THE L~L PAPE~ Lc. T~L~ WAT~OLK THIS ~ITION IS GENE~TED ~H NO ~l~ TOWA~ W~L~ WiOTO~ INC. ~ F. M~LEN III OR ~LL~M ~ MULLEN. THIS PET~ION IS ONLY ~ ~PONSE TO O~ G~N ~GHT BY ~W TO OP~SE THE PET~ION OF RIC~ F. MULLEN III ~D ~LL~gl H. MULLEN TO PROTE~ THE V~U~ OF PROPERTI~ ~D ~N THE RU~ C~ER OF OUR COMMUNWY, ~ION SIGNAT~E SHEET '~- ~ pRINT N~----'----- ADDRESS ~ . SIGNATURE PHONE ____ ---------.------ ~ .- ~ ,-~ ~..~_- .)_~-~ ;~ cc- ~. _ '-~: .~ '~,~ ~ ~~ ' - - ' ,, ' 'TO SOUTHOLD TOWN BOA'RD WE THE ~NDF~GNED, TO ~P~ 1~O ~ _.~ . ~t~nlNG H ~ ~ BUSI~ NOT TO ME~IO~ OUAL1TY OF LIFE ~ ~ ~C ~ HIGH NO~E A ~R~ BUS~ ~ NOT B~NG ~ T~ ~1 1~ ~n.l.~N MOTO~ ~ A ~D N~ ~ON~ ~ ~ION OF F~A~ ~O ~ID~ ~ PETITION SIGNA~E SHEET PRINT NAME ADDRESS SIGNATURE PHONE I,<.:,., 0 . ..a ,. TO SOUTHOLD TOWI~ oOARD WE THE UNDERSIGNED, ~ ~-T-H I: eURPOSE OF ExPA~ro~a THEm ~G ~O ~o~ ............ ~ ~P OR ~ ~ ~SE SHOED ~OR OB~OUS ~ ~ e OR ~ID~ A~ W WO~D AD~RSELY A~ THE ~EGR~ TO~XP~D G HOM~ A~ OUSI~ NOT TO ME~ION OUALITY OF ~ND VAL~ OF IMMED~TE A~oS~y~o ~ IS ~O~ED ~G ~ ~D ~Y ~PEN. A ~M~ BUS~ ~ NOT B~NG ~ T~S ~l~G. ~ ~ T~C ~ ~GH NOISE bN~ON~ ~D I~ION OF ~A~ ~O ~ID~ ~ MULLEN MOTO~ ~ A ~D N~ME ~D ENOUGH ~IB~ ~ ~NGS ~ HO~ ~R ~IER~ ~ON ~O PETITION SIGNAT E SHEET # PRINT NAME ADDRESS SIGNATURE PHONE , TO SOUTHOLD TOWN ...~ARD THE UNDERSIGNED. AS RF~IDEIWI'S OF SOWI'HOLD TOWN WE ASK THE BOARD TO REJECT YHE API~LICATION OF RICHARD F. MULLEN RICHAILD F. blULLEN III AND V~ILLIAM IL biULLF~N TO PRO< 'rile VALUES OF PROPERTIES A~ND ~IAINTAIN THE RURAL C~CrEROVO~COMMt~aTY. ?ION SIGNATURE SHEET SIGNATURE PHONE # PRINT NAME ADDRESS TO SOUTHOI~ TOWN .~OARD WE THE UNDERSIGI~D, ~NE (B) FOR THE pU~SE O~ ~xr~ua~ SAFE~ DUE TO IN~SED USAGE. ~c~ A ~M~R~ BU~N~ ~ N~ B~NG IN T~S SE~ING. ~ ~ T~C ~ HIGH NOISE ENOUGH ~iBI~ ~ T~GS ~ ~EPING ~H O~ B~ ~O~C 1~ ~GE ~D OUR ~ID~ ~ROPERTI~ ~ ~K T~ BO~ TO ~ T~S ~p~TION. ~ WOULD LI~ TO ~OW ~O A~HO~D THE ~ING OF THE T~ ON THE FO~IER LU~ PROPER~ C~ER OF OUR PETITION SIGNAT~E SHEET TO SOUTHOLD TOWN )ARD PETITION WE THE UI~IDERSIGNED, AS RESIDENTS OF SOUTHOLD TOW~ V~E ASI(THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLE~ IH A~D ~/ILLIA2M IL MULLE~ TO DOWN ZONE COLONIAL CORNERS FHB) AND THE ADJACENT RESIDENTIAL P~RCEL OF LAND ~R-~0) (DF~IGNATED ON SUFFOLK COUNTY TAX MA~ 1004~0~2.04~0~.~O-022.001 A~'D 024,001) TO A GENEI~AL BUSINESS ZONE (B) FOR THE PURPOSE OF F. XPANDING THEIR PARKING AND STORAGF. FOR OBVIOUS REASONS, A CAR DEAL~ OR ~ COMMERCIAL ENTERPRISE SHOULD NOT BE PF~RMITTED TO ~CpAbrD INTO ~ BUSINESS DISTRICTS OR RESIDENTIAL AREA~ rr WOULD ADVERSELY AFFECT THE I~TEGRITY ~ND VALU~ OF IMMEDIATE A~D SURROUNDING HOMES Ab~ BUSINESSES. NOT TO MENTION QUALITY OF LIFE SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED A]~rliI~G CA~ AND MAY HAPPEN. A COMMERCIAL BUSI]~e_.SS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACIIONS, AND INVASION OF PRIVACY l~CrO RESIDENTIAL AREAS. MULLEN MOTORS IL~ A GOOD NAME A~D ENOUGH VISIBILITY AS T~INGS ARF~ HOWEVER, FURTHER COMMERCIA~ EXPANSION INTO SAID SITES IS NOT IN IG'~EPING WITH OUR BEAUTIFUL HISTORIC 1~40 V~LI~kGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT TI~S APPLICATION. WE WOULD LII~I~ TO pOW WHO AUTHOI~T~D THE CU~TING OF THE TREES ON THE FORMER LUCEY PROPERTY A~ND WERE A~Y OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LI~E A~N A~NSWER VIA THE LOCAJ~ PAPERS L~ TRAVELER WATCHMA]~SUFFOLK TIWIE~ THIS PETITION IS GENERATED WTrH NO MALICE TOWARD MULLEN MOTORS INC~ RICHARD F. MULLEN III OR ~LLIA~M IL MULLEH. THIS pETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD p. WfULLEN IH A~D WILLIAM IL MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL C~IARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PPd]VT NAME ADDRESS SIGNATURE PHONE 17' ._ - , TO SOUTHOLD TOWh ~_.OARD P~.~ ~ l iON WE THE UNDERSIGNED, AS RESIDENTS OF SOUI'HOLD TOWN WE ASK THE BOARD TO REJECT THE AEpLICATION OF RICHARD F. I11 AND WILLIAM H. MULLEN TO DOW~ ZONE COLONIAL CORNERS ~IB~ A~D 1 hE ADJACENT RESIDEI~IAL PARCEL OF ~AND (R-401 (DESIGNATED ON SUFFOLK COUNTY TAX blAP 1000-t~2.0~a3,00~22.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF F~XPANDING THEIR PARICl~G AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALE. I~tu~- OR AI~rY COMMERCIAL ENTERPRISE SHOULD NOT BE PERI~ii TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. 1T WOULD ADVERSELY AFFF. CT THE INTEQRITY ~ND VALUE OF IMMEDIATE ~,ND SURROUNDING HOMES AMD BUSINESSES. NOT TO MENTION OUALITY OF LIFE A~'4D SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRA3)ED AN~'~ HLNG CA~ AND MAY H.~PpEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN ~ S~,l lfNC,. IT CREATES T~wFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESH)ENT/,AL AREAS. NKN~-WN MOTOI~ HAS A GOOD NAME AND ENOUGH 'VISIBILITY AS THINGS AII.E. HOWEVE~ l~./kl~l~R COMMFA~CL~L I~,X.t'AN~ION INTO SAID ~TF~ IS NOT IN KEEPING ~ OUR BEA~-I H, UL HISTORIC i640 VILLAGE AND OUR RF~iD~ ~ROPERTIES. WE ASK THE BOARD TO ~ THIS Al'PLaCATION. WE WOULD LIKE TO KMOW WHO AUTHOI~t~t'~O THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PA~ERS Leo TP,.AVELER WATCHMAN/SUFFOLK TIMES. THIS pETITION IS GENEI~.ATED %VITH NO MALICE TOWARD blTJLLEN bloTORS INC., RICHARD F. MULLEN HI OR WILLIA~M H. bfULLEN. THIS I~ETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN IH AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PPdNT NAM~ ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN ~ THE UNDERSIGNED, ~ ~IDENT~ OF ~OLD TO~ ~ ~K THE ~ TO ~ T~ ~P~ON OF ~ F. M~LEN III ~D ~LL~ ~ MULLEN TO ~ ~ ~LON~AL ~RNERS ~ ~D ~ A~A~ R~DE~L PARCEL OF ~ND ~} ~IGNATED ON SU~OLK ~U~ T~ ~ 1~2.~.~2.~I ~D ~1) TO A GEN~ BUSINGS ~NE (B) FOR THE P~SE OF ~P~D~G THE~ P~NG ~D ~O~G~ FOR OB~OUS ~N~ A ~ D~ OR ~ ~~ ~ SHOED N~ BE PE~ED SAFETY DUE TO INCR~SED USAGE. ONCE T~ PROPERTY IS ~G~ED ~HLNG ~ ~D ~Y ~PEN. A ~M~R~ BU~ ~ NOT B~NG ~ THIS ~1 I~G. ~ ~ ~C ~ HIGH NOISE ENOUGH ~IB~ ~ ~ ~ HO~ ~THER ~~ ~ON ~O ~D S~ 1S NOT LN ~EP~G ~H O~ B~ ~O~C 1~ ~GE ~D OUR ~ PROP~T~ ~ ~K T~ BO~ TO ~ ~IS ~P~TION. ~ WO~D L~ TO ~OW ~O A~HO~D THE ~G OF ~E T~ ON ~ FO~%~R LU~ PROPER~ ~ F. M~LEN III ~D ~LL~ H. ~LLEN TO PROTE~ THE V~ OF PROPER~ ~ $~MN THE RU~ C~ER OF O~ COMMUNe. PETITION SIGNAT~E SHEET # PPdNT NAME ADDRESS SIGNATURE PHONE .... TO SOUTHOLD TOWN .,OARD ND -40 (DESIGNATED ur~ .......... ' ~R THE pURPOSE OF EXPANDING THEIR pARKING AND STORAGE. ND VALUE OF IMMF..OIAI~ ~-~,sx~.l~vT"M~. pROPER I'S DOWNGRADED AflY~HIflGC-A~ AND MAY HAPPEN. S~A~FETY DUE TO INCREASED USA~; ................. TY liNG. IT CRF-~TES TRAFFIC HAZARDS, HIGH NOISE A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS ~t.~.RF_.A~ MULLEN MOTORS ~ A GOOD NAME AND INFRACTIONS, AND INVAbTON OF rRIVACY II,TO RESIDENTIAL ENOUGH V~SIBFLITY AS TH~NGS ARE. HOWEVEP-~ FURTHER COI~*~.RC~AL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 V'ILLkGE A2~D OUR RESIDENTIAL rROPERTIES. W'E ASK THE BOARD TO REJECT THIS AI~pLICATION. WE wOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY A~D WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL pAPERS Lc. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS pETITION IS GENERATED WfITH NO/viALICE TOWARD MULLEN MOTORS INC. RICHARD F. MULL.~N III OR WILLIAM H. MULLEN. THIS I~ETITION IS ONLY IN RESPONSE TO OUR GrvF_.N RIGHT BY LAW TO OPPOSE THE pETITION OF RICHARD F. MULLEN III AND WILLIAM IL MULLEN TO PROTECT THE VALUES OF PROPERTIES AND ,MAL'~rAIN THE RURAL CHARACTER OF OUR COI~U'NI~Y. PETITION SIGNATURE SHEET # pRINT NAME ADDRESS SIGNATURE PHONE =^~- ~ . "/ TO SOUT~OLD TOWN..lARD WE THE UNDERSIGNED, ,~ ~ES~DENTS OF SOUTHOLD TOWN ~ ASK T~E BO~RD TO ---~ ~N~ ~ ~ ~A~ R~DE~L PAR~L OF ~T~ DUE TO IN~SED USAGE. ONCE THE r~ur~ ~ · ~ ~",'~ A ~iER~ BUSI~ ~ NOT BEING IN THIS S~G. ~ION~ ~D ~ION OF P~A~ ~O ~ ENOUGH ~ ~ T~GS ~ HO~ ~THER ~~ ~EPING ~H O~ B~I~ HI~O~C 1~ ~GE ~ O~ ~ PROP~ ~ ~K T~ ~ TO ~ THIS ~p~TION. ~ WO~D L~ TO ~OW ~O A~HO~D THE ~ING OF ~ ~ ON 1 ~ ~R LU~ PROPER~ ~D ~ ~ OF THE T~ ON THE PUBLIC ~G~ OF WAY. ~ TH~ PET~IO~ WO~D ~ ~ ~R ~ THE ~ p~E~ L~ T~ER WATCH~N~U~OLK TIM~ THIS p~ON IS G~E~TED ~H NO ~I~ TOW~ MULL~ ~l~O~ ~ ~ F. ~LEN HI OR ~LL~f ~ $~L~. TB~ p~ION IS O~Y IN ~NSE TO OUR G~N ~G~ BY ~W TO OP~SE T~ p~ION OF ~C~ F. M~L~ III ~ ~LL~ ~ M~LEN TO PROTE~ THE V~ OF PROP~ ~D ~ THE RU~ c~°~°~t~'PETITION SIGNAT~[ SHEET ~D~SS TO $OUTHOLD TOWN BOAIC~, WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK TIIE BOARD TO 1L~JECF TIlE APPLICATION OF RIC1L&RD F. blULLEN Ill AND WILLIAM FL MULLEN TO DOWN ZONE COLONIAL CORNERS 0lB) AND THE ADJACENT RESIDENTIAL PARCEL OF PETITION SIGNATURE SHEET # PRIhrr NAME ADDRESS ~ , , SIGNA~ PHONE ~-- ,q/.[ TO SOUTHOLD TOW~ ~OARD WE THE UNDEi/~IGNED, AS RESIDENTS OF sOUTHOLD TOWN WE ASK TIIE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLE,N ESIGNATED ON SU~v~ ~v~, ' ' ~T[HE pU~POSE OF ~X~D~G THEIB ~G ~D AND VALUE OF .I.b.~f~D. ol~l~ ,~$2~ ~°c°~(~l~CE THE PROPERTY IS DO~VNGRADEO Ai~YTHI~*~G ~ AND bL~Y ~FETY DUE TO l~t.~4~u A COMb[ERCIAL BUSI]~IESS DOES NOT BELONG 1N THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AIND II~rASION OF pRIVACY llqTO RESIDENTIAL AREA~ MUL]-~N MOTORS HA~ A GOOD NA~'~IE A~ND ENOUGH VISIBILITY AS THINGS ARF~ HOWEVER~ FURTHER COMbiERC~AL EXPANSION LNTO SAID 51'1~ IS NOT IN ICEEPING WITH OUR BE~OTIFUL HISTORIC 1~40 VILLAGE ~ OUR RESIDENTIAL PROPERTIE~ WE ASK THE BOARD TO REJECT THIS APPLICATION. ~ WOULD LIKE TO KNOW WHO AUTHORIZED THE C'~-ITING OF THE TREES ON THE FORMER LUCEY PROPERTY A~D ~RI~ A~Y OF THE TREES ON THE PUBLIC RIGHT OF WAY. ~ THE PETEFIONI~RS WOULD LIKE A~N AN$~R VIA THE LOCAL pAPERS L; TRAVELER WATCH~LkN/SUFFOLK TL~JES- THIS PETrI'ION IS GENERATED WITH NO MALICE TOWARD MULLEN blOTOR$ LNC~ RICHARD F. MULLEN III OR WILLL~'~I H. I~IULLEN. THIS pETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE pETITION OF RICHARD F. MULLEN III A~ND ~rl LLIA~I It. IHULLEN TO PROTECT THE VALUES OF PROPERTIES .~ND ~IALNTAIN TIlE RURAL CHARACTER OF OUR COM,~IUNITY. PETITION SIGNATURE SHEET ADDRESS TO sOUTHOLD TOWN BOARD WE THE UNDERSIGNED, ~ ~-~ Hli pURPOSE OF E.XPANDING THEIR I~ARKI-NG TO F~XpAND INTO ~.~B~U~I3~H~"i~N~H~E$ AND BUSINF.,SSES. NOT TO. biEr~fiON OUALITY OF.. LIFE PETITION SIGNATURE SHEET SIGNATURE PHONE PRINT NAMEADDRESS ~'i/..?,,-ff'~/d~ ~-;~,,~l~ ~d~ ~ / .-I'/~., /,. ~(Z,-~ . ~", ~, .~: ,~.~ '?~ TO SOUTHOLD TOWN ..¢OARD c~ o~ o~ ~m~.PETiTiON SIGNAT~E SHEET # p~ NAME ADDRESS SIGNATURE PHO m,~,~c. ~ ~1~. %,5 ~ .te(~li.P' ~-~r.L TO SOUTHOLD TOWN WE THE UNDERSIGNED, AS RESIDENTS O~_~Z~-~XC,~ ~ ~-~{]AL ~ ~ ~ ~ R~IDE~tA~ rAn~ ~ ~F ~NE (o) TO EXP~D ~O ~ .~ SURRO~ING HOM~ ~ BU~ NOT TO ME~ION OUALITY OF LIFE A ~b~ BU~ ~ NOT B~ONO ~ T~ ~ ~ ~ ~C ~ ~GH NOISE I~ON~ ~ ~ON OF ~A~ ~O ~1D~ ~ ~.v.~N M~O~ ~ A ~D N~ ~ PETITION SIGNAT~E S~ET TO SO~THOLD TOWN ~,OARD VCE THE UNDERSIGNED, TO F~XpAND INTO ~L~~IOOND1NG HOM~ AND BU~S~ ~OT TO ~IE~ION OOALITY OF LIFE L~ION~ OF ~A~ ~0 ~ID~ ~ ~ouc~ ~smm~ ~ T~S ~ ~o~ ~ ~ETITION SIGNATURE SHEET ~ SIGNATUKE PHONE pRINT NAME ADDKESS TO SOilTHOLD TOWN BOARD %VE THE UNDERSIGNED, AS R~IDE~S OF SO--OLD TO~ ~ ~K THE BO~ TO ~ ~ ~PLI~ON OF ~ F. b~LEN III ~ND ~LLI~M H. M~LEN TO ~ ~ COLONIAL R RS ~ ~ THE ~DJA~ R~IDE~IAL PAR~L OF ~ ~IGNATED ON SU~OLK COU~ T~ ~ 1~.~22.~ ~D 024.~X) TO A G~E~ BUSINGS ~NE (B) FOR THE pU~SE OF ~XP~G THE~ p~NG ~D FOR OB~OUS ~N~ A ~ D~ OR ~ ~MM~ ~E~SE ~O~ NOT BE PE~hl AND VAL~ OF IMMEDIATE ~ SURROUNDING HOM~ .... ~ ~ . ~ l~) ~FETY DUE TO INCR~SED USAGE. ONCE T~ PROPERTY ~ ~G~ ~HhNG ~ ~D W~Y ~P~. A ~M~R~ BU~ ~ NOT RE~NG ~ T~S SEf~ING. ~ ~T~ ~C ~ ~GH NOISE ~ ~K ~E ~ TO ~ ~IS ~PLI~TION. ~ WOULD LI~ TO ~OW ~0 A~HO~D THE ~ING OF THE T~ ON THE FO~MER LUCY PROPER~ ~ND ~ ~ OF TIlE T~ ON THE PUBLIC ~G~ OF WAY. ~ THE PETITIONE~ WOU~D L~ ~N ~N~R ~ THE T~S p~ON IS GEt,TED ~H NO }~I~ TOW~ MULLEN MOTO~ ~C, ~ F. W~N HI OR W}~L~%[ H. WIULLEN. THIS P~ION IS ONLY ~ ~NSE TO OUR G~N ~G~ BY ~W TO OP~SE THE P~ION OF ~C~ F. ~LL~N HI ~ND ~LLLM%I H. MULLEN TO PROTE~ THE V~UES OF PROPERTIES ~ND W~A~N THE CH~ER OF OUR C051}I~3~. PETITION SIGNAT~E SHEET SIGNATURE PHONE pRiNT NAME ADDRESS ,- s- - 1 ! ' TO SOLTTHOLD TOWN Io~.,ARD THE UNDERSIGNED, ~FETY DUE TO INCREASED O~AO ~ ~T~ ~C ~ HIGH NOISE A COMMER~ BU~ ~ NOT BEING IN THIS $~ ~ ~ONS, ~ND L~ION OF P~A~ ~O ~IDE~ ~ ~NOUGH ~S~I~ ~ THUGS ~ HO~ ~IHER ~R~ ~N~ON ~EPING ~H O~ B~ ~O~C ~0 ~GE ~ OUR ~ ~ ~K THE BO~ TO ~ THIS ~PLI~ON- %~ WOb%D LI~ TO ~OW %~O A~HO~ZED THE ~ING OF THE T~ O~ THE FO~%~R LUCY PROPERS' ~ND %~ ~ OF THE T~ ON THE PUBLIC ~GHT OF WAY. ~ ~E PET~IONE~ WOULD LI~ ~N' ~N~R ~ TttE L~AL p~E~ Lt. T~LER %YAT~ ~Is~OLK TIM~ THIS PET~IO~ IS G~TED ~H NO b~I~ TOWED ~LL~ bl~O~ LNC, ~ F. MULLEN III OR %~LL~%I H. M~EN- THIS p~ION IS ONLY IN ~pONSE TO OUR G~N ~G~ BY ~W TO OPPOSE ~E PETITIO~ OF ~C~D F. MULLEN III ~N~ ~LL~M ~ M~LEN TO PROTE~ THE V~U~ OF PROPERTI~ ~ND ~N THE RU~ C~ER OF OUR PETITION SIGNAT~E SHEET PRINT NAME ADDRESS SIGNATURE PHONE · '- 7-' -"?"/ ,- ~'/' ~ [~, G,.~[ 'i-,.-)~. ..... ~, m li',,.,,.,.,.4".,~e/1~,: K. oll y'~?./~U~' ! WITNESS: (J T.O SOUTHOLD TOWN 1.~ .,ARD ~ THE UNDErSIgNED, GNATED o~ AND (R-,lO) (DF~I N ~TO~GF..- ~Z~)NE (B) FoR THE pURIN~SE OF EXPAI~DL'~G THI~IR P~ G ~ FOR OB~OUS ~ D~ ~ ~ ~D ~v~ ...................... va HPIND ~O ~ BUS~ DI~S OR ~l ............. ~ ~ ~IE~ION OUALI~ OF LIFE AAD SAFETY DUE TO INCR~SED Uo~ ............. OP A ~R~ BUShN~ ~ HOT BEING IN ~S S~ING. ~ ~ T~C ~S, HIGH NOISE ~ION~ ~D ~ION OF P~A~ ~O ~ ~ ~N MOTO~ ~ A ~D N~ ~NOUGH ~S~ ~ THINGS ~ HO~ ~T~ ~IER~ ~ON I~O S~D S~ ~ HOT LN ~EP~G ~H O~ B~ ~O~C 1~ ~GE ~ O~ ~ID~ PROP~ ~ ~K THE ~ TO ~ T~S ~p~TION- ~ ~'O~D L~ TO ~OW ~O A~o~D THE ~G OF ~ H~ T~ ON THE FO~R LU~ PROPER~ ~ND ~ ~ OF T~ T~ ON THE P~LIC ~G~ OF WAY. ~ THE P~ 111 IO~ WOULD LI~ ~N ~N~R ~ TIlE L~L P~E~ L~. T~LER WATCH ~N~U~OLK TIM~ ~S p~ION IS GEt.TED ~H NO ~I~ TOW~ ~IULL~N M~O~ ~C~ ~ F. ~LEN III OR t~LL~[ ~ ~hN. ~IS p~lOH IS ONLY h~ ~NSE TO O~ G~N ~G~ BY ~W TO OP~SE THE PET~ION OF ~ F. M~LEN III ~N~ ~ LL~I ~ b~LEN TO pROTE~ THE V~U~ OF PROPERTIES ~ND ~ THE RU~ PETITION SIGNAT~ SHEET # pRINT NAME ADDRESS SIGNATURE PHONE ~*~-- TO sOt~THOLD TOWN BOARD W~E THE UNDERSIGNED, AS RESIDENTS OF sOUTHOLD TO%VN WE ASK THE BOARD TO RE,~ECT THE APPLICATION OF RICHARD F. MULLEN III AND WILLL~'~! H. MULLEN TO DOWN ZONE COLONIAL CORNERS B AND THE ~DJACENT RESIDENTIAL PARCEL OF ZONE (B) FOR THE pURPOSE OF F-XpA~DING THELR pA.KK.I~, ~.. ,.~ FOR OBVIOUS REASONS, A CAR DEA.LERSHTP OR ANY C'ON~IERCIAL F~NTERPRISE SHOULD NOT BE PERMittED TO F~y PAND INTO FL~,I LET BUSLNESS DISTRICTS OR RESIDENTIAL AREAS. IT V*'OU LD A~)VERSELY AFFECT THE INTEGRITY AND VALUE OF IM,~,IEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND ~A.~FETY DUE TO INCRF~SED USAGE.. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND bLAY HAPPEN. A COMMERCIAL BUShNF~.~ DOES NOT BELONG IN THIS SETTL'~iG. ri' CREATES TP, AFFIC I~KZA.RDS, HIGH NOISE IN'FRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. NIULLEN MOTORS ~ A GOOD NANIE ENOUGH VISIBILITY AS THINGS ARE. HO~VEVEI~ FURTHER CONL'HERCLkL F, XPA~NSION INTO S~ID SITES IS NOT LN KEEPING wrrH OUR BEAUTIFUL HISTORIC lg40 VILLAGE ~ OUR RF.,$IDENTIAL PROPERTIES, WE ASK THE BOARD TO REJECT THIS AI~PLICATION- WE WOULD LIk~ TO I~'NOW WHO AUTHORIZED THE CUTTING OF THE T I~E F~S ON THE FORMER LUCKY PROPERTY A~ND VCEi~E ANy OF THE TREES O~ THE PUBLIC RIGHT OF WAY. WE THE PETITIONEI~ WOULD LIKE A.N ,~NS~'ER VI~ THE LOCAL PAPERS I.e. TI~-~¥ELER WATCHiVL~N~$UFFOLK TI.MES- THIS pETITION IS GENERATED ~WITH NO Nf. ALICE TOWARD NIULLEN MOTORS IA'C, RICH.~.RD F. MULLF. N III OR · WILLIA.M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY L~W TO OPPOSE THE PETITION OF RICHARD F. MULLEN III ~ND WILLL~%I ~L MLrLLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNTrY. PETITION SIGNATURE SHEET # PRINT NAMt~ ADDRESS SIGNATURE PHONE / ' /. / TO SOUTHOLDTOWN BOARD W'E TIlE UI~DERSIGNED, AS RKSIDE,~rTS OF sO.HOLD TO~ ~ ASK THE ~ARD TO ~ THE A~'PLICATION OF RInD F. MULLEN PETITION SIGNATURE SHEET pRINT NAME ADDILESS -~,~ I.~,.~ ~..~ .... · '1 ~' - .-'/~" ~qTNESS:~ PH# TO ~OUT[IOI,B' TOWN BOARD PETITION ~VF. TIIE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TO~/N sWE ASK THE ~OARD TO ~CT THE APPLICATION OF RIC~IARD F. MULLEN FOR OB~OUS R~N~ A CAR D~LE~IIIP OR ~ ~MMER~ ~SE SHOULD NOT ~E PEril I ~ ED TO EXP~D I~O ~iLET BUSINGS DIaRIeS OR R~IDE~ AR~ ~ WOULD AD~RSELY A~ TIlE IN~EGR~Y AND VALUE OF IMMEDIATE AND SURROUNDING HOM~ AND BUSIN~S~ NOT TO ~IENTION QUALITY OF LIFE AND SAFETY DUE TO INCR~SED USAGE. ONCE TIlE PROPERTY IS ~WNG~DED ~NYTIHNG ~N ~ND MAY HAPPEN. A COMMER~ BUSI~ ~ N~ BEING IN TIIIS SE~ING. ~ ~T~ T~F~C I~D~ HIGH NOI~ INF~ION~ AND I~ASION OF ~RIVA~ I~O R~IDE~L AR~ MULLEN MOTORS }~S A ~D N~ME ENOUGll VISilIILITY ,~ TILINGS AR~ IIOX~$~ FURTIIER ~MXIER~ ~XP,~NSION IN'FO SAID SITES IS NOT KEEPING %~2Tll OUR BF~IFUL HI~ORIC I~0 ~L~GE AND OUR R~IDE~ PROPERTI~ ~ ASK TIlE BOARD TO RF~E~ TIllS APPLI~TION. RICIIARD F. MULLEN III AND ~I,LIAM I1. MULLEN TO PROTE~ TIlE VALUES OF PROPERTIES AND MAINTAIN TIIE CIL~ER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PKiNT NAME ADDRESS SIGNATUP~ PHONE ~ ~ t~. (~-~,~ /-':~- ~,, ,= . ~+, /~J F'~ .'¢ _ _. q~n?c~u L~ne L~ ~p ~'~ (..,-V% ~'~:,,.,~'::..,~ ~)~51~., /1 .TO SOUTHOI.D TOWN. ~OARD PETmON WE THE UNDERSIGNED, AS RESIDENTS OF $OD~flOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. blULLEN Ill AND WILLIA.M H. MULLEN TO DOWN ZONE COLON[AL CORNERS ('HB) AND THE ADJACENT RESIDENTIAL P~RCEL OF LAND iR40) (DESIGNATED ON SUFFOLK COUNTy TAX MAP 10~0~4~.00-~3.004)22.001 AND 024.0~1) TO A GENEraL BUSINESS ZONE (B) FOR THE PURPOSE OF F--XPANDING THEIR PARI~NG AND STORAGF~ FOR OBVIOUS REASONS~ A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPPASE ~HOULD NOT BE PERMITTED TO F~XPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREA.~ IT WOULD AD--ELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION DUALITY OF LIFE ~ND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A CO~LMERCIAL BUSINESS DOES NOT BELONG IN THIS SE! IL~G. rr C~F.~T~S I~.AFFIC H~.ARDS~ HIGH NOISE LNFRACTIONS, AND INVASION OF pRIVACY INTO RF~IDENTIAL AREAS. MUI.I.FN MOTORS HA~ A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARF~ HOWEVEI~ FURTHER COMMERCIAL ~ANSION INTO ~AID SITES IS NOT IN KEEPING WITH OUR BEADTIFUL HISTORIC 1~46 VILLAGE AND OUR RESIDENTIAL PROPERTIF~ VCE ASK THE BOARD TO REJeCT THIS APPLICATION. WE WOULD Ll~ TO ICNOW WHO AUTHORIZED TH~ ctrrTING OF THE TREES ON THE FOR.MER LUCEy PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONEES WOULD LI~E AN ANSWER VIA THE LOCAL pAPERS Le. TRAVELER WATCHMAN/SUFFOLK T LM ES, THIS pETITION IS GENERATED %TrH NO MALICE TOWARD MULLEN MOTORS INC~ RICHARD F. MULLEN III OR WILLIAM I~ MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLL~M H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND NL~INTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PR.I~FF NAIvlE ADDRESS SIGNATURE PHONE ~^~ ,,,lis TO SO~JTHOLD TOWN BOARD ~E THE UNDERSIGNED, AS HESIDENTS OF SOUTHOLD TOWN ~VE ~K THE BO~ TO ~ T~ ~PLI~TION OF ~ F. MULLEN FOR OB~OUS ~N~ A ~ D~IP OR ~ ~MMER~ ~ SHOED NOT BE TO EXP~ND I~O ~L~ BUSI~ DI~S OR R~IDE~ ~ ~ WO~D AD~RSELY A~ ~E I~EGR~Y A ~IER~ BU~ ~ NOT BEING IN ~S SKI ihNG. H ~T~ ~C ~ ~GH NOISE hN~ION~ ~D L~ON OF ~A~ ~O ~IDE~ ~ ~N MOTO~ ~ A ~D N~XlE ~OUGH ~SIBIL~ ~ ~GS ~ HO~ ~T~ ~N~IER~ ~SION I~O S~ S~ IS NOT IN ~ING ~H O~ B~UI'~'~ ~O~C 1~0 ~L~GE ~ O~ ~ID~ PROPERT~ X~ ~K T~ ~ TO ~ THIS ~PLI~TION. ~ WOULD L~ TO ~OW t~O A~HO~ZED THE ~ING OF THE T~ ON THE FO ~MER LUCY PROPER~ THIS pET~ION IS GEt.TED ~H NO N~ICE TOW~ MULLEN M~O~ LNC~ ~ F. b~LEN III OR %~L~%[ H. MULLEN. THIS PK 1 iTION IS O~Y ~ ~sPONSE TO O~ G~N ~G~ BY ~W TO OPPOSE THE PETITION OF ' N~N THE ~C~ F. MULLEN II1 ~D W~LL~X[ ~ M~LEN TO pROTE~ THE V~U~ OF PROPERTIES C~&~ER OF OUR COMM~. PETITION SIGNAT~E SHEET E# PRINT NAME ADDRESS SIGNATURE PHONE TO SO~JTHOLD T°WN BOARD WE THE UNDERSIGNED, AS BESIDENTS OF SOUTHOLD TOWN WE ASK TIlE BOARD TO REJECT THE Al'plACATION OF RICHARD F. I',/ULLEN III AND WILLIAM IL IVIULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND 'i'HE ~D,IACI~N'{? RESIDENTIAL PARCEL OF I~ND -{0 (DESIGNATED ON SUFFOLK COUNTY TAX lv_l~.. I ~0~06~ ~.r~O0~, ~.~0~'022~00! AND 024.001) TO A GENERAL BUSINESS ~R THE puRPOSE OF ILXPANDL"/G THEIR pARKI/'iG ,.,.,- - o .,, FOR OBVIOUS RFO, SONS, A CAR DEALER~IIP OR 3aN'Y CONE~,IERCIAL F_aNTERPRISE ~HOULD NOT BE PEIL'kll ro v_xPAND,mO ~v.~..~ Bus,~ss DISTRICTS O,~ ~ESi,~U, mA~ ~ rr wo~v ^VV~BS~LY A~Cr THE ~AFETY DUE TO h~CRE~SED t~u~,,,,z,. ,,.,r~-~,l~r. " IT CBF..ATES TBAFFIC HAZARDS, HIGH NOISE A CO~U~,iERCIALBUSINESS DOES NOT BELOI'/G IN THIS $~'t PING' MtD-I-~N MOTORS HAS A GOOD NA3,1E AND INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. E.NOUGH VISIBILITY AS THINGS ~ HO'~CEVEIL FURTHER CO;",,D, IERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OU~ BEAUTIFUL HISTORIC 1/40 VILLAGE AND OUR RESIDENTIAL ~BOPERTIES. VFE ASK THE BOARD TO RF..YECT THIS APPLICATION. WE WOULD LIKE TO K~NOW WHO AUTHORIZED THE CIY]-I'LN G OF THE TREES ON THE FOik%IEB LUCEY PROPER'FY AND 'WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE A~N A2iS~T.R ',q-~, TIlE LOCAL PAPERS Lt. T I:~kVELEH WVATCHMAN/SUFFOLK TI3IE.S- THIS pETITION IS GEI~ERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHAILD P. MULLE.N III OR WILLIAM H. MULLEN. THIS pETITION IS ONLY 1N RESPONSE TO OUR OIVEN RIGHT BY LAW TO OPPOSE THE ]'ETITIO~ OF RICH-~J~,D F. ,%IULLEN III AP~'D 'tacl LLIA,'~I I'L MULLEN TO PROTECT THE V3~LUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN BOARD p~iTiON ~ · WE THE UNDERSIONED, ~ AS RESIDE,'~rS OF SOUTHOLD TOWN %VE ASK THE BOARD TO REJIiCT a HE AI*PLICATION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO DO'WN ZONE COLONIAL CORNERS /'HB~ AND THE ~,DJACENT RESIDENTIAL PARCEL OF LAND -40 (DESIGNATED ON SUFFOLK COUNTY T_A_~_~._~.,..I ..,00~06~ ~L~0~3.,~=0~022.001 AND 024.0~1) TO A GF~,~NERAL BUSINF~S ~R THE pURPOSE OF F_'ipANDING THEIR pARtier. ~ o, ~.~,~r... O HAMLET BUSINF.,$S DISTRICTS OR RE$1DENT~J-' A~'z'*'"~' ~ "¥ ""~' ' ~ N TO EXPAND INT NG HOMES ND BUSINESSES. NOT TO MENTIO~ OUALITY OF LIFE A~ D SAFETY DUE TO INCREAser uo~,~, v~,~ ' A COMMERCIAL BUSINESS DOES NOT BELONG LN THIS ~l~l lh~/G. IT CI~F_ATES TRAFFIC HAZARDS, HIGH NOISE Ii~'RACTIONS, AND INVASION OF pRIVACY INTO RF_,SIDENTIAL AREAS. MULLEN MOTOES HAS A GOOD NAME A~/D ENOUGH VISIBILITY AS THINGS AR.F~ HOWEVE~ FURTHER COl~L~'[ERCIAL F.X~ANSION IN'~O SAID SIT~S IS NOT LN KEEPING WITH OUR BEALtTIFUL HISTORIC 1~40 VILLAGE AND OUR RESIDENTIAL PROPERTIF,.-~ WE ASK. THE BOARD TO REJECT THIS APPLICATION. V~ WOULD LIF,~ TO KNOW ~HO AUTHOR/ZED THE CUTTING OF THE TREES ON THE FOR,'~ FER LUCEY PROPERTY A.ND ~VERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY, WE THE PETITIO,~I~RS WOULD LIKE AN ANSWER %~/A THE LOCAL pAPERS Le. TI~VEL£R WATCH~L~N/SUI~FOLK T L%I ES- THIS PETITION IS GENERATED ~rH NO ,%L~LICE TOWARD MULLEN MOTORS LNC., R/CHARD F. MULLEN III OR ~VILL L~% f H. MULLEN. THIS pETITION IS ONLY IN RF~SPONSE TO OUR GIVEN. RIGHT BY LAW TO OPPOSE THE. PETITION. OF R/CHARD F. MULLEN III AND ~YILL IA~M H. ~,IULLEN TO PROTECT THE ¥ A~LUES OF PROPERTIES AND NiAINTALN THE RURAL CHAR. ACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PR/NT NAME ADDRESS SIGNATURE PHONE WITI~FESS: TO SOUTHOLD TOWN ~,aARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD ~ ~ · H~ ~p~ON OF ~ F. MULLEo~ III A~ ~LL~[ ~ MULLEN TO ~ ~ COLO~AL ~RNE~ ~B) ~ ~ ~A~ R~IDE~IAL PAR~L -~mED ON SUffOLK ~ TK~ b~ 1~~.~2~1 ~D 02~1) TO A GENE~ BUSINGS TO EXP~ND ~O ~ , B~N~ NOT TO I~ION OUALITY OF LIFE A, D MMEDIATE S~ROU~ING HOM~ A~ . ~ A ~LXIER~ BUS~ ~ NOT B~NG LN THIS ~t i~G, ~ ~ ~C ~S, HIGH ~O~E ENOUGH ~S~ ~ ~GS ~ HO%~ ~ ~~ ~N~OH ~O S~ S~ IS NOT IN ~EPING ~H O~ B~ ~O~C 1~ ~L~GE ~ O~ ~ PROP~ ~ ~K THE ~ TO ~ ~S ~PLI~ON. ~ ~'O~D LI~ TO ~OW ~O A~HO~D ~ ~'1 I h~G OF 1 H~ ~E~ ON ~'HK FO~X~R LU~ PROP ER~' ~ND ~ ~ OF THE T~ ON THE PUBLIC ~G~ OF WAY. ~ THE P~ITIO~ WO~D LI~ ~N ~NS~R ~ THE L~AL P~E~ Lc. T~LER WAT~N~OLK TIM~ THIS pET~ON IS GE~T~ ~H NO b~X~ TOW~ b~N M~O~ ~ ~ F- bIULLEN III OR X~L~%[ ~ M~LEN, THIS p~ON IS ONLY ~ ~NSE TO O~ G~ ~G~ BY ~W TO OP~SE THE PET~ION OF ~C~ F. MULLEN III ~N~ ~%1 ~ MUSLIN TO pROTE~ T~ V~ OF PROP~TI~ ~ ~N~ N TItE RU~ C~&~ER OF O~ PETITION SIGNAT~ SHEET T.O SOUTHOLD TOWN ~OARD WE THE UNDERSIGNED, ND VALUE OF IMMEDIATE ~ S~2~R IS ~GR~"~."~HhNG~D~Y~P~N- A ~m~R~ M~O~ PETITION SIGNAT~E SHEET TO'SOUTHOLD TOV~N BOARD PETITION SIGNATURE SHEET # PPdNT NAMEADDRESS SIGNATURE PHONE ~o$ Jb. <, pa£/~/w Po, :,%x I0~., ~o~1' ~~~' -- TO SOUTHOLD TOWN BOARD ~/E THE UNDERSIGNED, AS RESIDEN'~S OF SOUTHOLD TOWN %~ ~K THE ~ARD TO ~ THE ~PLI~ON OF RInD F. MULLEN III AND ~LLI~M IL MULLEN TO ~ ~NE ~NIAL ~RNERS ~l~ ~D ~E ~A~ R~IDE~IAL PAR~L OF I~ND ~0 ~IGNATED ON SUFFOLK ~U~Y T~X b~AP 1~2.~21.~1 ~O 0~4.~1) TO A GENE~ BUSIngS ~R THE pU~SE OF ~p~DING THEIR P~ING ~D IN~ION~ AND I~ION OF ~VA~ ]~O R~ID~L AR~ ~L~ MOTO~ [~ A ~D N~ AND ENOUGII ~SIBIL~ ~ TILINGS ~ IlO~ ~RTHER ~biblER~ ~S[ON l~O SMD $1T~ IS NOT IN KEEPING ~i[ O~ B~L ~O~C I~0 ~L~GE ~D OUR ~D~ ~ROPERTI~ ~ ~K ~E ~ TO R~ THIS ~pLI~TION. ~ WOULD LI~ TO ~OW ~O A~HO~ZED THE ~ING OP 1 ~r T~r~-~ ON THE FO~IER LU~ PROPER~ THIS p~ION ~ GENE~TED ~ll NO ~ TOW~ MUI.IIN MOTO~ IN~ ~ F. MU~ Ill OR PETITION SIGNAT E SHEET SIGNATURE PHONE PRINT NAME ADDRESS -~ .... r. · .... . TO SOUI'HOLD TOWN BOARD WETHE UNDERSIGNI~'-'D, ~NE (B) FOR THE TO ~p~D I~0 l~f~ BUS~ ~AF~Y DUE TO INCR~SKD ENOUGH ~IBIL~ KEEPING ~H O~ ~ WOULD LI~ TO ~OW ~O A~HO~ZED THE ~ING OF ~ T~ ON ~ FO~IER LUCY PROPER~ c~°r°~s~v'PETITION SIGNATURE SHEET # pRINT NAM~ ADDRESS SIGNATURE PHONE TO SOUTHOLD TOWN BOARD FOR THE pURPOSe. ~r ~x~ c~ts~crzg°~°ugc°~"e~wrrV'PETITION SIGNATURE SHEET WITNF. SS~ TO ~OUTHOLD TOWN BOARD WE TIlE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TO~ WE ASK THE BOARD TO R~ TIlE APPLICATION OF RIP.RD F. MULLE~ 'FO EXPAND I~O I~MLET BUSIN~ ~t~a,~=o'.~~ n,~CtN~"~S NOT TO MENTION QUAL~ OF ~IH~ AND AN o 'VALUE OF IM%~DIATE AND SUREO~o,.~ "~'.'A~, ~.~*~=~*~N~IIING C~N ~D b~Y i~PF, N. ClTION SIGNATURE SHEET ~- PRINT NAME ADDRESS SIGNATURE PHONE .,.~ - . -. -. .,~, ~.~4-~ ~,":,' ~'~ .t,,,~ v,, ~ - .. ~~ .<.'_-'~d'"2 , '.~'"-L-V,.~ ~ .~/-, ~ '' I . '. ". .~.-, ~.~..~ .,.: '.;._ __,, ,-;' , ,. ~ ...., . .,,~.-.~.,~ - ~ - (~7 TO SOUTHOLD TOWN BOARD WE TIlE UNDERSIGNED, AS RESIDENTS OF SO~I1OLD TO~ ~ ASK THE BOA~ TO ~ THE ~PLICATION OF RIC~RD F. MULLEN AND ~VILLI~M IL blULLEN TO ~ ~NE ~LONIAL ~RNERS OIB) ~ND TIlE ~D,IACENT RESIDE~IAL PARCEI,~[ PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE qq /4~/~ ~'~ /~,o ~rn/~-~'~ ~F.--~ TOSOUTHOLD TOWN BOARD WE THE UNDEi~IGNED, AS RESIDENTS OF SO.HOLD TO~ ~ ~K THE ~ARD TO ~ THE APPLICATION OF ~RD F. M~LEN LAND ~-40) W~IGNATED ON SUFFOLK ~U~X ~A~3~22.~1 ~D 014,~1) TO A GENE~L BUSINGS ~NE (B) FOR THE PU~SE OF ~p~DING THEIR P~IN~ ~o al u~o~ A ~MMER~ BU~ ~ N~ ~E~G ~ THIS S~NG. ~ ~ ~C ~S, HIGH NOISE I~ON~ AND I~ASION OF PRWA~ l~O ~iD~L AR~ ~LL~ M~O~ l~ A ~D N~IE AND ENOUGIt ~SIBIL~ ~ ~IINGS A~ !!O~ ~RTIIER ~MMER~ ~XP~SION i~O SAID SlT~ IS N~ IN KEEPING ~11 O~ BF~IFUL HI~O~C I~0 ~L~GE ~D OUR ~ID~ ~ROPER~ ~ ASK TIlE BO~D TO ~ THIS ~PL1CATION. %~ WOULD Llk~ TO KNOW ~O A~HO~ZED THE ~ING OF ~ ~ ON THE FO~IER LUCY PROPER~ F ICHARD F. MULLEN III ~D ~LLL~I IL bIULLEN TO PROTE~ TIlE VALU~ OF PROPERTIES AND MAINTAIN TIIE RU~XL PETITION SIGNATURE SHEET # pRl~l' NAME ADDRESS SIGNATURE PHONE J M,; /V I , ~1'O S(~UTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN m AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.00-03.00- 022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES. NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE . ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER, FURTHER COMMERCIAL EXPANSION INTO SAIl) SITES IS NOT IN KEEPING WITH OUR BEAUTI1VUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTI]ES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNOW WHO AUTHORIZED THE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAY. WE THE PETITIONERS WOULD LIKE AN ANSWER VIA THE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. '~I'o sOUTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTtlOLD TOg~N WE ASK THE BO~RD TO REJEc'r THE APPLICATION OF R1CH~RD F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS fltB) AND IHE ADJACENT RESIDENTIAL PARCEL OF LAND 01-40) {DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-0~2.00-03.0~-022.0~1 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF F~XPA~N DING TIIEIR pARKING AND STORAGE, FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN ;~ND NL~Y }L~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING, IT CREATES TRAFFIC HAZARDS, HIGII NOISE INFRACTIONS, AND Ib~rASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS IL~.S A GOOD NA~ME AND ENOUGH VISIBILITY AS THINGS ARE. HO~VEVEIL FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. · ,VE ASK TIlE BOARD TO REJECT THIS APPLICATION. ~VE WOULD LIKE TO KNOW WHO AUTIIORIZED TIlE CUTTING OF TIlE TREES ON TIlE FOR5 ER LUCEY PROPERTY AND ~\ERE ANY OF THE TREES ON Tile PUBLIC RIGIIT OF WAY. ~¥~ TIlE PETITIONERS \~OULD LIKE .kN ANSWER YqA TIlE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TIMES. TItlS PETITION IS GENER>,TED WITIt NO MALICE TOWARD MULLEN MOTORS INC., RICHXRD F. MULLEN II1 OR ~'v]LLIAM H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICIL~B~D F, MULLEN III AND ~VILLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES .~ND NL~INTAIN TIlE RUR-~L CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE TO sOUTHOLD ToWN BOARD WE TIlE UNDERSIGNED, F. bIULLEN AS RESIDENTS OF SOUTHOLD TOWN 'WE ASK THE BOARD TO REJECT TIlE APPLICATION OF RICIIARD Ill AND WILLIAM IL MULLEN TO DO',VN ZONE COLONIAL CORNERS (FIB} AND THE ADJACENTRESIDENTIALPARCEL OF L~'h~ (D ........ ~O~ XPANDING THEIR PARKING AN D ~ t''i'~''~' ZONE (B) FOR Trt~ ro~xu .... F2 FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~MITTED · INTEGRITY TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELst AFFECT THE OUNDING HOMES AND BUSINESSES, NOT TO MENTIO~ QUALITY OF LIFE A~IJ AND VALUE OF IMMEDIATE AND SURR ~VNGRADED ANYTHING CAN ~ND ~[AY ILAPPEN. gAFETY DUE TO INCREASED USAGE.. ONCE THE PROPERTY IS DO A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CRI~TES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREA~ MULLEN MOTORS HAS A GOOD N~ME AND ENOUGH VISIBILITY AS THINGS ARF~ HOWEVER, FURTHER COMMERCIAL EXPAfqSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTLkL PROPERTIES. WE ASK TIlE BOARD TO REJEC~r THIS APPLICATION. WE WOULD LIKE TO KNOW WltO AUTItORiZED TllE CUTTING OF TIlE TREES ON TIlE FORMER LUCEY pROPERTY AND ~VERE ANY OF TIlE TREES ON TIlE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANS\~ ER VI.\ IIIE LOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICIIARD F. MULLEN III OR '~VILLIA~M H. IVIULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE ,TILE ,PETITION OF RICH~RD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIlE RUR-kL CHARACTER OF OUR COMMUNITY. TION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE · ' '~,.7 ,..~'f r7 WITNESS: PIt# -'~(w~'~ATE-~AGE# & TO SO'UTHO:- ) TOWN bOA1UD ~ ~ PETITION WE THE UNDERSIGNED, · F. MULLEN AS RESIDENTS OF SOUTUOLD TOWN ~ ASK TIlE BOARD TO REJECT TIlE APPLICATION OF RICHARDpARCEL OF III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS {liB} AND TIlE ADJACENT RESIDENTIAL LAND 0140} (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1000-062.0~03.00-022-001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO ItAMLET BUSINESS DISTRICTS OR RESIDENTIAL AR~EAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND ~AFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AaND ~L4Y IL&PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC 14AZARDS, HIGtl NOISE INFRACTIONS, AND INYASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTOIIS tiAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARF~ HOWEVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ~YE ASK THE BOARD TO REJECT THIS APPLICATION. ~E WOULD LIKE TO 1CNOW WIIO AUTHORIZED TIlE CUTTING OF TIlE TREES ON Tile FORMER UUCEY PROPERTY AND WERE ANY OF TItE TREES ON TIlE PUBLIC RIGIfT OF WAY. 5~T, TItE PETITIONERS WOULD LIKE kN ANSXVER VIA THE LOCAL PAPERS kc. TRAVELER WATCIIMAN/SUFFOLK TIMES. PETITION 1S GENERATED WITH NO ~IALICE TOWARD MULLEN MOTORS INC., RICIk&RD F. MULLEN 1II OR THIS EN RIGHT BY LAW TO OPPOSE THE PETITION OF ~YILLI,~M It. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR RICkL&RD F. MULLEN III AND '~'vlLLI.42~I H. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND MAINTAIN TIlE RUR-&L CIL&P~&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NANHE ADDRESS SIGNATURE PHONE WlTNESS:~ %t, ,t~0 PIt# "-/{'0'~" ~-~t~' TO SOUTh OLD TOWN BO~..~<D WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'WN ~ ASK TIlE BOARD TO REJECT TIIE APPLICATION OF RICILkRD F. MULLEN II1 AND '~VILLIA2~! H. MULLEN TO DOhVN ZONE COLONIAL CORNER~ AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t~0} (DESIGNATED ON SUFFOLK COUNTY TAX MAP 1004).062.00-05.04)~}22.001 AND 024.001) TO A GENEILttL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPAaNDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCLLL ENTERPRISE SHOULD NOT BE PERMITYED TO EXPAND INTO HAMLET BUSINESS DISTRIC'FS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE ANI~ SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED AaNYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC ~S, HIGIt NOISE INFRACTIONS, AaND INVASION OF pRIVACY INTO RESIDENTIAL ARE~tS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS AR~ HOWEVER, FURTItER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING 'WITIt OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ',VE ASK TIIE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNO~Y WtlO AUTItOR1ZED TIlE CUTTING OF TIlE TREES ON TIlE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON TIlE PUBL1C RIGHT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSgg~R VIA TIIE LOCAl, PAPERS Le. TR2,VELER WATCItMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED '~ITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN II1 OR WILLIAM It. MULLEN. TItlS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LA'~V TO OPPOSE THE PETITION OF RICI1ARD F. MULLEN 1II AND 'WILLL~M H. MULLEN TO PROTEC'r TltE VALUES OF PROPERTIES AND MAINTAIN TIlE RU~-~L CttAIL~CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET -# PRINT NAME ADDRESS SIGNAT[ ~E PHONE TO SOUTItOLD TOWN ~..oARD VVE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK TIlE BOARD TO REJECt THE APPLICATION OF RICHARD F. MULLEN AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS 0tB] AND THE ADJACENT RESIDENTIAL PARCEL OF ~}ND 0t-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 104)0-062.04M~.00-022.0~1 AND 024.0~1) TO A GENERAL BUSINESS ZONE (B) FOR TIlE PURPOSE OF F~XPANDING THEIR pARKING AND STORAGF~ FOR OBVIOUS REASONS, A CAR DEALEBSHIP OR ANY COMMERCIAL EWrERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE ANO SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOW~NGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZAI~DS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARF~ HOWEVER. FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. ~*VE WOULD LIKE TO 1GNOW 'WHO AUTHORIZED THE CUTTING OF TIlE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON TIlE PUBLIC R1GItT OF WAY. ~E TIlE PETITIONERS WOULD LIKE AN ANS~VER VIA TIlE LOCAL PAPERS Lc. TR.&VELER WATCH,MAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN II1 OR WILLIAI~I IL MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND ~VILLL~M H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN THE RUIC&L CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET PRINT NAME ADDRESS SIGNATURE PHONE 555 '' T© sOuTHOLD TOWN BOARD AS RESIDENTS OF sOUTHOLD TOgVN ~/E ASK Tile BOARD TO REJECT THE APPLICATION OF RICIL&RD F. MULLEN III AND ~*VILLIAM H. MULLEN TO DO~q ZONE COLONIAL CORNERS (liB) AND TIIE ADJACENT RESIDENTIAL PARCEL OF LAND (R40) (DESIGNATED ON SUFFOLK COUNTY TA-X MAP 1~0-062.00-03.0~-022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORaGE- FOR OBVIOUS REASONS, A CAR DF~.LERSHIP OR ANY COI~L~IERCIAL ENTERPRISE SHOULD NOT BE pERMITTED TO EXP~ND INTO Hb~ILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE A_NO SAFETY DUE TO INCREASED USAGE. ONCE TtIE PROPERTY IS DOWNGR.~DED b~NYTHING CAN AND MAY ItA-PPEN. A COMMERCIAL BUSII~ESS DOES NOT BELONG IN THIS SETTING. IT CRE&TES TRAFFIC ItAZA1LDS, HIGH NOISE INFR~UrlONS, .tu~D INVASION OF PRI~rACY INTO RESIDENTIAL ARF-~S. MULLEN MOTORS ~ A GOOD N~ME b~ND ENOUGH VISIBILITY AS THINGS ~ lIOn,fEVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ~,~ ASK THE BOARD TO REJECT THIS APPLICATION. '~ 'WOULD LiKE TO i~;4GW '¢,'HO AUTiiGK]ZED THE CUTTING OF Tiie T~EES O?~ Tile FOi~2~iER LUCEE i'RO?ERY~ AND WERE ,~N~ OF THE TREES ON THE PUBLIC RIGItT OF WAY. WE TItE PETITIONERS V;OULD LIKE AN ANSWER ',~A TIlE LOCAL PAPERS I.e. TI~&~LER WATCIIMAN/SUFFOLK TIMES. Tills PETITION IS GENERATED WITH NO RIALICE TOWARD MULLEN .MOTORS INC., R1CIIAltD F. MULLEN 1II OR WILl,lAM H. MULLEN. THIS pETITION IS ONLY IN I~ESPONSE TO OUR GIVEN RIGHT BY LA~V TO OPPOSE THE PETITION OF RICttARD F. MULLEN III ~aND ~VILLIAM H. MULLEN TO PROTECT TltE VALUES OF PROPERTIES AND MAINTAIN TIlE RUR_&L CHARACTER OF OE i~ COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE WITNESS: "J?],.~2/.t~- ~ ~-,/'o'~"x~ PH# '"/~,5~- ~q) ~' DATE 2/r~4~"'~ PAGE# TO SOUTHOLD TOWN BO.ARD l~ PETITION 'WE THE UNDERSIGNED, AS RESIDENTS OF sOUTItOLD TOWN WE ASK TIIE BOARD TO REJECT TIlE APPLICATION OF RICHARD F. MULLEN III AND 'WILLIA~M II. MULLEN TO DOWN ZONE COLONIAL CORNERS i~IB) A~ND THE ADJACENT RESIDENTIAL PARCEL OF [.AND (1t-40) CDESIGNATED ON SUFFOLK COUNTY TAxX MAP 1000-0~2.00~3.0~01:L001 AND 024.0~1) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO F-KPAND INTO IIAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREA~. rr WOULD ADVERSELY AFFECT THE INTEGRITY ~AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSE~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS DOWNGRADED ANYTIIING CA~ AND/MAY tLAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS IIAS A GOOD NAa**,IE AND ENOUGII VISIBILITY AS TILINGS ARE. tlOWEVER, FURTtlER COMMERCIAL EXPANSION IN"ro SAID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL HISTORIC I(M0 VILLAGE AND OUR RESIDENTIAL PROPERTIE~ WE ASK TIlE BOARD TO REJECT TltlS APPLICATION, V~ WOULD LIKE TO KNOW ~,VHO AUTHORIZED THE CUTTING OF 'FrIE TREES ON TltE FORMER LUCEY PROPERTY AND WERE A~NY OF TIlE TREES ON TIIE PUBLIC RIGHT OF WAY. WE TUE PETITIONERS WOULD LIKE AN ANS~,~q~R VLk TIIE LO~2AL PAPERS I.e. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED WITI! NO MALICE TOWARD MULLEN MOTORS INC, RICILS~RD F, MULLEN III OR %'ILLIAM H, MULLEN. TItlS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN III AND ~,VILLIAS, I Il. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN TIIE RUI~\L CILS, RACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME . ADDRESS ~ SIGNATURE PHONE .~', ~ , ~f ~,~ i q ~. soUTHOLD ToWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTItOLD TOWN XVE ASK Tile BOARD TO REJECT TIIE APPLICATION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO DO'~VN ZONE COLONIAL CORNERS (liB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND {R40} (DESIGNATED ON SUFFOLK ~OUNTY TAX MAP 10~0.0~2.0~-03.0~-022.001 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DF~kLER~HIP OR ANY COMMERCIAL ENTERPRISE SIIOULD NOT BE PERMITTED TO EXPAND INTO H~uMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTIlING CAN AND MAY IIAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRI~ACY INTO RESIDENTIA~ AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER. FURTItER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITII OUR BEAUTIFUL ltISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT TtlIS APPLICATION. \VE WOULD LIKE TO ICNOW ~,VHO AUTIlORIZED TIlE CUTTING OF TIlE ~i REES ON TIlE FOF[MER LLCEY PROPERLY AND WERE ANY OF TItE TREES ON TIlE PUBLIC R1GIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN ANSVv~R 'via TIlE LOCAL PAPERS Le. TR>,VELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED ~NITH NO ~[&LICE TOWARD MULLEN MOTORS INC., RICHARD F. ,MULLEN III OR WILLIAM H. MULLEN. TillS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIlE RURAE CItARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRiNT NAME ADDRESS SIGNATURE PHONE WITNESS: TO sOUTHOLD TOWN BOARD ~ PETITION :~ WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN '*VE ASK THE BOARD TO poEJECT THE APPLICATION OF RICILkRD F. MULLEN Ill AND ~VILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS 0tB) AND THE ADJACENT RESIDENTIAL PARCEL OF LA~qD CR40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 104)~-062,0~-03.004}22.001 AND 024.0~I) TO A GENERAL BUSINESS ZONE (B) FOR THE PUI~POSE OF F~X pANDING THEIR PARKING ~ND STORAGF~ FOR OBVIOUS RE~SONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PEI~MITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTLa~L AREAS. IT WOULD ADVERSELY AFFECT TttE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGP~.DED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC ItAZARDS, HIGH NOISE INFR.kCTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. 1MULLEN MOTORS HAS A GOOD NAI~IE AND ENOUGII VISIBILITY AS THINGS ARE. HOWEVER. FURTIIER COMMERCL&L EXPANSION INTO SAID SITES IS NOT IN KEEPING x, VIT H OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIlE BOARD TO REJECT THIS APPLICATION. WE WOULD LIKE TO KNO\V WItO AUTHORIZED TIlE CUTTING OF Tile TREES ON TIlE FORMER LUCEY PROPERTY AND \~ERE ANW OF THE TREES ON TIlE PUBLIC RIGHT OF WAY. WE TIlE PETITIONERS \*~ OUIA) LIKE .tN ANSWER VL\ TItE LOCAL PAPERS i.e. T I~kVELER WATCI1MAN/SUFFOLK TIMES. THIS PETITION IS GENERATED 'WITtt NO blALICE TOWARD MULLEN MOTORS 1NC., RICItARD F. MULLEN III OR WILLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~EN RIGHT BY LAW TO OPPOSE, TILE. PETITION. OF RICItXRD F. MULLEN 11I/uN'D ~V1LLIAM tL MULLEN TO PROTECT THE V,&LUES OF PROPERTIES AND MAINTAIN TIlE RUR_kL CHARACTER OF OUR COMMUNITY, PETITION SIGNATURE SHEET I # PRhNT NAME ADDRESS SIGNATURE PHONE WITNESS: DATE /] ]-~AGE# ~ TO SOUTHOLD TOWN BOARD \VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO'~ WE ASK TIlE BOARD TO R.E~rECT TIlE AiapLICATION OF RICiLAR~ F. MULLEN 1II AND *¢,rlLL1A~x*l H I~IULLEN TO DO'C(N ZID?,E ,C~OwLao~O0~LSS.04i?03B.)~02D2 T0~EAt~N-~J~24C~.~ll) ~(E)SIADGE~rNN[Ai~ABRuCS~E~ LAND 0140) (DESIGNATED ON SUFFOLK COUNTz ZONE (B) FOR THE pURPOSE OF F~XP~NDING THEIR pARKING ~ND STOR~GF~ FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXP~aND INTO }L~MLET BUSINESS DISTRICTS OR RESIDENTIAL AREA~ IT WOULD ADVERSELY AFFECT THE INTEGRITY ......... r ~, ,! ............ ~n~Y 1S DOWNGI~&DED ~NYTHING CAN AND NLAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TIL&FFIC IL&TMd~DS, HIGH NOISE KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE ~ND OUR RESIDENTIAL PROPERTIES- %~ WOULD LIlCE TO KNOW XVHO AUTHORIZED TtlE CUTTING OF THE TREES ON THE FOI~\iER LUCEY PROPERTY LOCAL PAPERS Le. T ILk%"E LER %VATCHM_4~N/SUFFOLK TIMES. THIS PET1TION IS GENERATED %~TH NO NL&LICE TOWARD MULLEN MOTORS INC.. RIClL&RD F. MULLEN III OR \VILLL4,M H. MULLEN- THIS PETITION lS ONLY IN RESPONSE TO OUR GIYEN RIGHT BY LAW TO OPPOSE THE PETITION OF CIL~L~CTER OF OUR COMMUNITY- PETITION SIGNATURE SHEET # PPdNT NAME ADDRESS SIGNATURE PHONE =^~ WITNESS: ~,' / / ,, TO SOUTHOLD TOWN BOARD L '- PETITION T.E UNDERSIGNED. AS RESIDENTS OF SOUTI1OLD ToWN WE ASK THE BOARD TO ~ THE APPLICATION OF RICI~RD F. MULLEN III AND WILLIAM H. MULLEN TO ~WN ~NE COLONIAL CORNERS 01B) ~D THE ADJACENT RESIDENTIAL PARCEL OF I,AND (R-40) (DESIGNATED ON SUFFOLK COUNTY T~X MAP l~-~l.ffi-03.~ll.~l ~ND 024.~1) TO A GENE~L BUSINESS ZONE (B) FOR THE pU~OSE OF EXPANDING THEIR PARKING ~D STO~GL FOR OBVIOUS ~NS, A C~ D~LERSIIIP OR ~ ~MMER~ E~E~SE SItOULD NOT BE PErillED TO EXPAND INTO IIAMLET BUSINESS DISTRI~S OR RESIDE~L AR~ ~ WOULD AD~RSELY AFFE~ TIIE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE TIlE PROPERTY IS ~WNG~DED ~N~IIING C~ ~ND MAY ~PPEN. A COMMER~ BUSINESS ~ES NOT BELONG IN THIS SE~ING. ~ ~T~ T~C ~S, HIGIt NOISE INF~IONS, AND INVASION OF PRIYA~ INTO RES1DE~L AR~ MULLEN MOTORS IIAS A C~D NAME AND ENOUGH ~SIBILITY AS THINGS A~ }IO~ FURTHER COMMER~ EXPANSION INTO SAID SITES IS NOT KEEPING X~3TII OUR BF~UTIFUL lll~ORIC 1~0 ~LLAGE AND OUR RESIDE~IAL PROPERTIES. Xg~ ASK THE BOARD TO RF~E~ THIS APPLICATION. ~E WOULD LIKE TO KNOW ~tO AL~I1ORIZED THE ~ING OF T~ TRE~ ON THE FORMER LUCEY PROPERTY ANDXXERE,MNY OFTIIETREESONIIIEPUBL1C RI(;IITOF~AY. WETIIEPETITIONERS~Ot;LDL1KEANANS~ERXlATIIE I,(>CAI. PAPERS I.e. TRA~.I .ER WATCDMAN/SUFFOLK TIMES. TIIIS PETITION IS GENE~IED ~ll NO MALICE TOWARD MULLEN MOTORS 1NC., RICIIARD F. MULLEN III OR X~LL~51 H. MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIg~N RIGHT BY ~W TO OPPOSE TIlE PETITION OF RICIIARD F. MULLEN III AND X~qLLIAM IL MULLEN TO PROTE~ TIIE VALUES OF PROPERTIES AND MAINTAIN IIIE CILAg,ER OF OUR COMMUNITY. PETITION SIGNATUR WITNESS: JdYfl/)'~:. -,,/..f~ Pa. " 0 ?' ~ (QJgPAGE# ' TO'SOUTHOLDTO% .BOARD WE TIIE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOWN \VE ASK Tile BOARD TO REJECT TIlE APPLICATION OF RICHARD F. MULLEN 111 AND V,'ILLIA3,1 11. MULLEN TO DO',VN ZONE COLONIAL CORNERS {liB) AND THE ADJACENT RES1DENTI&L PARCEE OF I,ANI) (R 40) (DESIGNATED ON SUFFOLK COUNTY TA-X~ ,MAP 1(~-062.04)-03.04N022.001 AND 024.04)1) fO A GENERAl. B[ 31NE:-,5 ZONE (B) FOR TIlE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSIIIP OR ~NY COMMERCIAL ENTERPPdSE SIIOULD NOT BE PERMITTED TO EXPAND INTO IL\bILET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. 1T WOUED AD'vq~.RSELY AFFECT TIlE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALIFY OF I,IFE AND ~AFETY DUE TO INCREASED USAGE. ONCE 'HIE PROPERTY [S DOWNGIG\DED ANYTIIING CAN ,~ND ?.lAY IIAPPEN. A COMMERCLAL BUSINESS DOES NOT BELONG IN TIllS SETTING. IT CREATES TI~kEFIC IL&Z~kRDS, lllGl[ NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS }lAS A GOOD NAME AND ENOUGIt VISIBILITY AS TILINGS AR~ IIOWEVER, FURTIIER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~TII OUR BEAUTIFUL HISTORIC 16-10 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK TIIE BOARD TO RF~qECT Tills APPI.ICATION. · ,VE '~VOI!I,D lAKE TO KNO'~V \VIIO AUTIIORIZED TIIE CUTTING OF TIlE TREES ON TI IE FORMER LUCEY PROPERTY TIIISPETITION IS GENERATED WITII NO MALICE TOWARD MULLENMOTORS INC., RICIIARD F. MULLEN III OR WILLIAM 1I, MULLEN. Tills PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LA~,V TO OPPOSE TIlE PETITION OF RICtlARD F. MULLEN III AND '&]LL1A,M II. MULLEN TO PROTECTF TIlE VALUES OF PROPERTIES \ND M XlNTAIN TIlE CIL&RACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET TO SOUTHOLD TOWN ~,OARD '*'gE THE UNDERSIGNED, AS RESIDENTS OF SOUTttOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN ZONE (B) FOR THE pURPOSE OF F~XPAN DING TIIEIR PARKING AND STORAGE- FOR OBVIOUS REASONS, A CAR DEALERSHIP OR AJ~Y COMMERCIAL ENTERPRISE SHOULD NOT BE PERaMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND gAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY H.~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING- IT CREATES TRAFFIC HAZARDS, HIGIt NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARIL HOWEVER, FURTHER COMMERCIAL EXPA~NSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORiC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. ~VE WOULD LIKE TO KNOXV hVItO AUTHORIZED TIlE CUTTING OF TIlE TREES ON TIIE FORMER LUCEY PROPERTY ,~LND WERE ANY OF TIlE TREES ON THE PUBLIC RIGIIT OF WAY. VCE TIlE PETITIONERS WOULD LIKE AN ANS~ER gqA TIlE LOCAL PAPERS Lc. TRAVELER WATCtlNL&N/SUFFOLK TIMES. TItlS PETITION IS GENERATED WITH NO MALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN 1II OR ~VILLL~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LA'W TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND V~ILLEA?~! H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RUP~&L CHAR.&CTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET ti PRiNT NAME ADDRESS SIGNATURE PHONE ~.~= / TO sOUTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TO~VN V~ ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (}lB) AND TIlE ADJACENT RESIDENTIAL PARCEL OF LAND (R-40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~0~)~2.04)-03.00~}22.0~1 AND 024.0~1) TO A GENERAL BUSINESS ZONE (B) FOR THE PUREOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPb~ND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES~ NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTIAL AREAS, MULLEN MOTORS HAS A GOOD NA~ME AHD ENOUGH VISIBILITY AS THINGS ARE. HOWEVEI~ FURTHER COMMERCIAL EXPANSION hNTO SAID SITES IS NOT IN KEEPING ~VITtI OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. WE WOULD LII~E TO I~NOW ~gqIO AUTHORIZED THE CUTTING OF TIlE TREES ON TIlE FORMER LUCEY PROPERTY AND WEP~E A~N~Y OF THE TREES ON THE PUBLIC RIGIIT OF WAY. WE TIlE PETITIONERS WOULD LIKE AN A_NSgWER ~vTA TIlE LOCAL PAPERS i.e. Ti~VELER WATCHNL&N/SUFFOLK TIMES. THIS PETITION IS GENERATED V~qTH NO I~IALICE TOWARD MULLEN MOTORS INC., RICIIARD F. MULLEN Ill OR ;VILLIAM H. MULLEN. THIS pETITION IS ONLY IN RESPONSE TO OUR GI~rEN RIGHT BY LAW TO OPPOSE TIIE PETITION OF RICHARD F. MULLEN III A~ND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ' "f" 2 ' -- -/- - '' ' ~' ). ;.~.,~,: TO soUTHOLD TOWN BOARD ~Xl~ TIlE UNDERSIGNED, AS RESIDENTS OF SOUTItOLD TO~N WE ASK THE BOARD TO REJECT THE APPLICATION OF RICII~RD F. MULLEN Ill AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS ~IB) P~D THE ADJACENT RESIDENTIAL PARCEL OF LAND {R40) (DESIGNATED ON SUFFOLK COUNTY TAX M~P 10~1~-0~2.0~-03.0~-022.0~1 AND 024.0~1) TO A GENER.~L BUSINESS ZONE (B) FOR THE pURPOSE OF EXP~DING THEIR PARI~iNG AND STOI>d~GE- FOR OBVIOUS RF~SONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE pERMITTED IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXPAND INTO ItAMLET BUSINESS DISIRICTS OR RESIDENTIAL AREAS. MENTION QUALITY OF LIFE AND AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DO~VNGR/tDED ~MNYTHING C~N AND i~L&Y HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG 1N TillS SETTING. 1T CREATES TRAFFIC It_~A~DS, HIGIt NOISE INFRaCTIONS, AND INVASION OF PRIVACY l~Nmro RESIDENTL~L AllEAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~VITH OUR BEAUTIFUL IIISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ~VE ASK THE BOARD TO REJEC*r TillS APPLICATION. WE WOULD LIKE TO }CNOW ~VHO AUTItORIZED THE CUTTL (, OF THE TREES ON TIlE FORMER LUCEY PROPERTY AND V(ERE ANY OF THE TREES ON TIlE PUBLIC RIGItT OF WAY. X;~B TIIE PETITIONERS WOULD LIKE AN ANSWER '~qA TIlE UOCAU PAPERS i.e. TRAVELER WATCIIMAN/SEFFOLK TIMES. THIS PETITION IS GENERATED ',~qTH NO MXLICE TOWARD MULLEN MOTORS INC., RICIt.~D F. MULLEN III OR W1LLI~LM H. MULLEN. THIS PETITION 1S ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICILkRD F. MULLEN II1 h~ND WILLIAM H. MULLEN TO PROTECT THE V~LUES OF PROPERTIES AND MAINTAIN TilE RUR.&L CHARACTER OF OUR COMMUNITY- PETITION SIGNATURE SHEET TO SOUTHOLD TOWN LoARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD ToWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICIIARD F. MULLEo~ Ill AND WILLIAM H. MULLEN TO DOWN ZONE C~COLONIAL CORNERS ~-IB) AND THE ADJACENT RESIDENTIAL PARCEL LAND 40 (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~1~62.0~03..~0~022.6'01 AND 024.001) TO A GENEI~&L BUSINESS 0t ) IR PARKING AND STORAGI~. ZONE (B) FOR THE pUI~POSE OF F~XPANDING THE COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AR~AS. DIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND AND VALUE OF IMME ........ i~p~RTY IS DOV(NGRADED/UNYTH1NG C/uN AND MAY HAPPEN. SAFETY DUETO INCREASED USAGE. O~t~ laa~ .......... A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVACY INTO RESIDENTIAL AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVER. FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN K~EEP1NG 'WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOARD TO REJECT THIS APPLICATION. 'WE WOULD LIKE TO KNOW WHO AUTIIORIZED TIlE CUTTING OF THE TREES ON THE FORMER LUCEY PROPERTY AND ~YERE ANY OF THE TREES ON TIlE PUBLIC RIGHT OF WAY. ~VE TIlE PETITIONERS WOULD LIKE AN ANSWER VIA TIIE LOCAl, PAPERS Le. TRAVELER WATCHMAN/SUFFOLK TIMES. THIS PETITION IS GENERATED V~ITH NO MALICE TOWARD MULLEN MOTORS 1NC., RICttARD F. MULLEN III OR IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE TIlE PETITION OF W1LLL~M H. MULLEN. THIS PETITION ;' . RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS SIGNATURE PHONE ~^~ IZ DATEt 'TO SOUTHOLD TOWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN W~ ASK THE BOARD TO REJECT THE APPLICATION OF RICIJ~d) F. MULLEN III AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS 0tB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND 0t-40} (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~.062.0~03.04M122.0~1 A/~D 024.0{)1) TO A GENERAL BUSINESS ZONE (B) FOR THE PURPOSE OF EXPANDING TIIEIR PARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERMITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AI~EA~ IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN P~ND MAY HAPPEN. A COMMERCIAL BUSINESS DOES NOT BELONG 1N TttIS SETTING. IT CREATES TR~FF1C tlAZARDS, HIGII NOISE INFRacTIONS, AND INVASION OF pRIVACY INTO RESIDENTL~L AREAS. MULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARE. HO%VEVER~ FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. V~ ASK THE BOARD TO REJECT THIS APPLICATION. FO~MER LUCEY PROPERTY WE WOULD LIKE TO KNOW WltO AUTHORIZED TIlE CUTTING OF THE TREES ON THE AND WERE ANY OF TIlE TREES ON TIlE PUBLIC RIGttT OF WAY. x'd, qB TIlE PETITIONERS WOULD LIKE AN ANSWER VLk TIIE LOCAL PAPERS i.e. TRAYELER WATCHI~L~N/SUFFOLK TIMES. Tills PETITION IS GENERATED WITH NO M~LICE TOWARD MULLEN MOTORS INC., RICIIARD F. MULLEN 11I OR '~VILLL~M H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LA",V TO OPPOSE THE PETITION OF RICHARD F. MULLEN III AND V~ILLIAM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN TIlE RURAL CItARACTER OF OUR COMMUNITY- PETITION SIGNATURE SHEET # P RII',~ NAME ADDRESS SIGNATURE PHONE 'l WITNESS: I~_ DATE~//~. PAGE# ~- TO SOUTHOLD TO~, BOARD PETITION · VE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN WE ASK THE BOARD TO REJECT THE APPLICATION OF RICHARD F. MULLEN 11I AND WILLIAM H. MULLEN TO DOWN ZONE COLONIAL CORNERS (HB) AND THE ADJACENT RESIDENTIAL PARCEL OF LAND (R~40) (DESIGNATED ON SUFFOLK COUNTY TAX MAP 10~}-062.00~)3.0~022.0~)1 AND 024.001) TO A GENERAL BUSINESS ZONE (B) FOR THE pURPOSE OF E,XPA2NDI NG THEIR pARKING AND STORAGE. FOR OBVIOUS REASONS, A CAR DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE PERNIITTED TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. IT WOULD ADVERSELY AFFECT THE INTEGRITY AND VALUE OF IMMEDIATE AND SURROUNDING HOMES AND BUSINESSES, NOT TO MENTION QUALITY OF LIFE AND SAFETY DUE TO INCREASED USAGE. ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY IL~PPEN. A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING. IT CRF~TES TRAFFIC HAZARDS, HIGIt NOISE INFRACTIONS, AND IN'CASION OF PRIVACY INTO RESIDENTIAL AREAS. NIULLEN MOTORS IIAS A GOOD N.Z~ME AND ENOUGH VISIBILITY AS THINGS ARE. HOWEVEIL FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN' KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. WE ASK THE BOAILD TO REJECT THIS APPLICATION. ~VE WOULD LIKE TO I~NOW WHO AUTHORIZED THE CUTTING OF TIlE TREES ON THE FORMER LUCEY PROPERTY AND WERE ANY OF THE TREES ON THE PUBLIC RIGHT OF WAV. ~WE TIlE PETITIONERS WOULD LIKE AN' ANSWER ~qA TIlE EOCAL PAPERS i.e. TRAVELER WATCHMAN/SUFFOLK TIMES. TIIIS PETITION IS GENEtLkTED WITtl NO MALICE TOWARD MULLEN MOTORS INC., RICIIARD F. MULLEN III OR WILLIA3I H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LASV TO OPPOSE TIlE PETIT1ON OF RICHARD F. MULLEN III AND WILLIAM H. MULLEN TO PROTECT TIlE VALUES OF PROPERTIES AND MAINTAIN THE RUIL~L CHARACTER OF OUR COMMUNITY. PETITION SIGNATURE SHEET # PRINT NAME ADDRESS . SIGNATURE PHONE ~^= ~ /,M '1C' / ~ - WITNESS: TO SOUTHOLD TOWN BOARD ~,VE THE UNDERSIGNED, AS RESIDENTS OF SOUTIIOLD TOWN WE ASK THE BOARD TO REJECT TIlE APPLICATION OF RICILM1D F. MULLEN III AND WILLIAM IL MULLEN TO DOWN ZONE COLONIAL CORNERS (ItB] AND THE ADJACENT RESIDENTIAL PARCEL OF D 40 ESIGNATED ON SUFFOLK COUNTY TAX r~l'-~ 10~.0~2,0~0a,0~4}22.001 AND 024,0~1) TO A GENERAL BUSINESS ~ R(DT} H E PURPOSE OF EXPANDING THEIR PARKING AND STORAGE. FOR OBVIOUS RIbbONS, A CAR DF~LERSHIP OR ANY COMMERCL~L ENTERPRISE SHOULD NOT BE PERMITTED , I IEDIATE AND S,RROUNDING HO,'ES ..... .. ...... _SAFETY DUE TO INCREASED USAGE . ONCE THE PROPERTY IS DOWNGRADED ANYTHING CAN AND MAY HAPPEN. A COMMERCL&L BUSINESS DOES NOT BELONG 1N TIlIS SETTING. IT CREATES TRAFFIC HAZARDS, HIGH NOISE INFRACTIONS, AND INVASION OF PRIVACY INTO RESIDENTLAL AREAS. blULLEN MOTORS HAS A GOOD NAME AND ENOUGH VISIBILITY AS THINGS ARF~ HowEVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING ~VITH OUR BEokUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. 5VE ASK THE BOARD TO REJECT THIS APPLICATION. ~¥'E WOULD LIKE TO KNOW ~'}IO AUTHORIZED THE CUTTING OF TItE TREES ON TIlE FOP~MER LUCEY PROPERTY WE TIlE PETITIONERS WOULD LIKE AY ANSWER VIA TIlE AND~EREA 5 OF THE TREES ON TItE PUBLIC R1GItT OF WAY' LOCAL PAPERS ke. TP~&VELER WATCHM.~N/SUFFOLK TLMES. THIS PETITION IS GENERATED 5VITH NO [~IALICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR 5VILLIAM IL MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GI~rEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICIIARD F. MULLEN III AND ~VILLIA*M H. MULLEN TO PROTECT TIIE VALUES OF PROPERTIES AND M~INTAIN THE RUI~kL CHAI~&C~ER OF OUR COMMUNITY- PETITION SIGNATURE SHEET # PRINT NAN[E ADDRESS SIGNATURE PHONE ~^~ TO sOUTHOLD ToWN BOARD WE THE UNDERSIGNED, AS RESIDENTS OF SOUTHOLD TOWN ~rE ASK THE BOARD TO REJECT TIlE APPLICATION OF RICHARD F. MULLEN ~ ~(D~HE PURPOSE OF EXPANDING THEIR pARKING AND STORAGF~ ZONE(B) FOKI DEALERSHIP OR ANY COMMERCIAL ENTERPRISE SHOULD NOT BE pER3IITTED FOR OBVIOUS REASONS, A CAR IT WOULD ADVERSELY AFFECT THE INTEGRITY TO EXPAND INTO HAMLET BUSINESS DISTRICTS OR RESIDENTIAL AREAS. ROUNDING HOMES AND BUSINESSE% NOT TO MENTION QUALITY OF LIFE AhD AND VALUE OF IMMEDIATE AND SUR ........ ,,~t~o ~ r~ED ANYTHING CAN AND MAY HAPPEN. S.~FE~)UE TO INCREASED USAGE.. ONCE THE PROPERLY 1~ ~ ,, ~'~'~' A COMMERCIAL BUSINESS DOES NOT BELONG IN THIS SETTING- IT CREATES TRAFFIC }LSOL~d~DS, HIGH NOISE INFRACTIONS, AND INVASION OF pRIVAC~ INTO RESIDENTIAL ~REAS. MULLEN MOTORS HAS A GOOD N~ME ~ND ENOUGH VISIBILITY AS THINGS ARL HOV~EVER, FURTHER COMMERCIAL EXPANSION INTO SAID SITES IS NOT IN KEEPING WITH OUR BEAUTIFUL HISTORIC 1640 VILLAGE AND OUR RESIDENTIAL PROPERTIES. ~q~ ASK TIKE BOARD TO REJECT THIS APPLICATION. ~x~ WOULD LIRE TO KNOXV WltO AUTHORIZED THE CUTTING OF TIlE TREES ON Tile FORMER LUCEY PROPERTk AND WERE A~NY OF THE TREES ON TIlE PUBLIC RIGltT OF WAY. ~q~ TIlE PETITIONERS ~ OULI) LIKE AN ANSWER VIA TIlE LOCAL PAPERS kc. T I~&¥q~LER WATCHMAN/SUFFOLK TIMES. Tills PETITION IS GENERATED WITH NO NL~LICE TOWARD MULLEN MOTORS INC., RICHARD F. MULLEN III OR ~V1LLIAM H. MULLEN. THIS PETITION IS ONLY IN RESPONSE TO OUR GIVEN RIGHT BY LAW TO OPPOSE THE PETITION OF RICIIARD F. MULLEN III ~ND WlLLI~uM H. MULLEN TO PROTECT THE VALUES OF PROPERTIES AND MAINTAIN THE RURAL CHAK&CTER OF OUR COMMUNITY. 'ITION SIGNATURE SHEET pRINT NAME ADDRESS SIGNATURE PHONE WITNESS: ~z~z~ ~r~ ?It# ~ NELSON. POPE ~-- VOOF~HI~, I,.~.C ENVIRONMI~NTAL · PLANNING · 2o: BettyNeville Phone: Fax 765-1823 FAX COVER SHEET From: Chic Voorhis Date: Re: October 10, 1999 Mullen Motors No. of Pages: 2 (including Cov~r) Comments: Betty, I received a copy of a letter from Steve Angel, counsel for Mullen Motors to your attention dated October 7, 1999. In reviewing thc letter, I felt it was appropriate to provide a comment letter regarding some of the points raised. Attached, please find a letter for your review with thc Board. If you require anything further, please do not hesitate to call. Sincerely, ~ 0CT-10-1999 13:~5 S16 425 12S? P.02/02 NEI.8oN~ I~OF)E & ,VOORI-IIB, LI.r' October 10, 1999 l/lizabcth A. Neville, Town Clerk Town of Southold 53095 Ma/n Road Southold, NY 11971 Re: Mullcn Motors Dear Ms. Neville: I am m receipt cfa letter dated October 7, 1999 from Stephen R. Angel, attorney for the applicant to your attention. I have reviewed this letter and the atUchmant from Dunn Engmeermg and offer the £ollowing' con'lmen~: #3 Thc Dunn letter clarifies and provides operational .details on how Mullen Motors will comply wi.t:h the request that existing auto storage, parking a~d. outdoorrepair work on the ivest side of the Mullan Motors building be ceased. It is lmdcrstood that garage, access is nccdad and that activity on the Mullcn Motors .propcny will continue. It ~s recommended .that outdoor repair work be ceased, and vehicle activity be restricted to access to and from thc site with no auto storage or parking on the mid. #$ Th.is Suggested condition was directed toward minimizing impact on Cottagc Place itself and residential areas south of Mullcn Motors. It is understood that Mullen Motors wiil not use F, outc 25 for loadin~/unloading'of trucks. It is.rccormnmded that Mullen Motors representatives indicate how truck movements ca~ be conducted to not impact Cottage Place, and to restrict these movements to the minunurn necessary to access the site with d0 truck activity south of thc Mullcn Motors facility. I have reviewed our file and found that the lead agency coordination letters circulated by thc . Towrfclassified the action as a Type I action. This classification was reflected in our letter review. Rc~ardlcss of ~hc classification, a Type I action means only that a Full EAF must be submitted, and that thc action is more likcly to rcqu.tre an BIS. In h",is case, a Full BAF was used, and thc action has been serut~Ted through.the 'use of a detailed EAF Part ITl'. The Board may use this/nforrnation to detenn~e the envkonmontal significance of the action and whether a negative declaration or positive declaration is approprate. I hope that this follow-up letter is useful in clazifying these points. Please feel ~cc to call should you have any questions. truly )~ours, & Cl',arles J, Vo~his, CEP, AICP TOTAL P. 82 GREGORY F. YAKABOSKI TOVa'4 ATTORNEY JEAN W. COCH~AN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD ATTORNEY-CLIENT CONFIDENTIAL & PRIVILEGED COMMUNICATIONS Woz Jean W Cochran, Supervisor Town Board From: Gregory F. Yakaboski, Esq. Mary C. Wilson, Esq. Date: October 8, 1999 Re: Mullen Motors At the last Town Board meeting this zone change application was schedt~led for a public hearing. The public hearing date is Tuesday, October 12, 1999. The application was also referred to the Suffolk County Planning Commission and the Town Planning Board. I have spoken to the S.C. Planning Department. This application was not addressed at the meeting of October 6, 1999. This application will not be addressed until the next meeting which will be held on November 3, 1999. The Town Board, per law, cannot vote on the application until after either receiving the S.C. Planning Commission recommendations or 30 days have passed. Preliminary indications are that the S.C. Planning Commission will recommend certain restrictions/covenants/conditions be made prior to the Town Board granting a Zone Change. The S.C. Planning Commission recommendations can be overridden by a super-majority vote. In addition, Zone Change Applications must be published for "10 days" prior to the Public Heating being held. The Suffolk Times did not have room in the last paper to publish the notice of hearing. Per the Town Law this public hearing must be re-noticed for at least "10 days" prior to the public heating. My recommendation is as follows: that the Town Board hold the Public Hearing as scheduled on Tuesday. - that the Town Board "re-notice" for a second public heating to be held either on 10/26 or on a date after the S.C. Planning Commission's meeting of 11/3/99. OCT 7 FSSEKS, HeFTER ~ ANGEL R~VERHEAD, N.Y. ii901-0279 October 7, 1999 Hand Delivered Elizabeth A. Neville, Town of Southold 53095 Main Road Southold, NY 11971 Town Clerk Re: Application for change of zone made by Richard F. Mullen, III and William Mullen involving property SCTM Nos. 1000-62-03-22.1 and 24.1 Dear Ms. Neville: We are the attorneys for applicants in the above-captioned zone change application. I submit this letter and the enclosed letter from Dunn Engineering Associates, P.C. dated September 30, 1999 in response to certain comments made by Charles J. Voorhis in a letter to you dated May 24, 1999. Mr. Voorhis is the environmental consultant who has been assisting the Town Board in reviewing documents submitted by applicants pursuant to the State Environmental Quality Review Act ("SEQRA"). The Dunn Engineering letter of September 30, 1999, addresses two of the suggestions for covenants and restrictions ("C&R's") contained in Mr. Voorhis's letter. I ask that the Town Board review Dunn Engineering's conclusions. I expect that a representative of Dunn Engineering will be present at the public hearing for Tuesday, October 12, 1999, if there are any questions. In addition, it is my opinion that Mr. Voorhis's conclusion that the application "... has been classified as a Type I action ..." may not be correct. I do not believe that the Town Board has, as yet, made a determination under SEQRA. Also, my review of the Type I list set forth at 6 NYCRR §617.4 indicates that the proposed change of zone would not be classified a Type I action. OCT 7 Esseks, HEfteR ~ ~ngeL COUNSELORS AT LAW P O. BOX 279 October 7, 1999 Hand Delivered Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 Re: Application for change of zone made by Richard F. Mullen, III and William Mullen involving property SCTM Nos. 1000-62-03-22.1 and 24.1 Dear Ms. Neville: We are the attorneys for applicants in the above-captioned zone change application. I submit this letter and the enclosed letter from Dunn Engineering Associates, P.C. dated September 30, 1999 in response to certain comments made by Charles J. Voorhis in a letter to you dated May 24, 1999. Mr. Voorhis is the environmental consultant who has been assisting the Town Board in reviewing documents submitted by applicants pursuant to the State Environmental Quality Review Act ("SEQRA'). The Dunn Engineering letter of September 30, 1999, addresses two of the suggestions for covenants and restrictions ("C&R's") contained in Mr. Voorhis's letter. I ask that the Town Board review Dunn Engineering's conclusions. I expect that a representative of Dunn Engineering will be present at the public hearing for Tuesday, October 12, 1999, if there are any questions. In addition, it is my opinion that Mr. Voorhis's conclusion that the application "... has been classified as a Type I action ...' may not be correct. I do not believe that the Town Board has, as yet, made a determination under SEQRA. Also, my review of the Type I list set forth at 6 NYCRR §617.4 indicates that the proposed change of zone would not be classified a Type I action. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW October 7, 1999 Page 2 I look forward to appearing before the Town Board on October 12, 1999 in support of this application. SRA:mb Enc. cc : Charles J. Voorhis Nelson, Pope & Voorhis, LLC Via Fax 425-1257 w/enc. Re~t~ectfully yours, S//TEPHEN R. ANGE~/ \ Theresa Elkowitz Freudenthal & Elkowitz Consulting Group, Inc. Via Fax 499-5928 Timothy A. Rumph, R.L.A Araiys Design, L.A., P.C. Via Fax 283-6677 Ron Hill, P.E. Dunn Engineering Associates Via Fax 288-2544 Richard F. Mullen, III Mullen Motors Via Fax 765-3926 Dunn Engineering Associa,.,s, P.C. Consulting Engineers 66 Main Street Westhampton Beach, N.Y. 11978 516-288-2480 516-288-2544 Fax September 30, 1999 Mr. Stephen R. Angel Esseks, Heifer, & Angel 108 East Main Street P.O. Box 279 Riverhead, New York l 1901-0279 Re: Mullen Motors Parking Field Expansion S/E Comer Main Road at Cottage Place Town of Southold, New York Dear Mr. Angel: As requested, we have completed an Addendum to our original Traffic Engineering Examination of the proposed parking lot expansion of Mullen Motors located on the southeast comer of Main Road (NYS Route 25) and Cottage Place in the Town of Southold, New York. The proposed parking lot will provide 36 additional spaces on the southeast comer of the Mullen Motors properties. Our original report was dated March 29, 1999. On May 24, 1999, a letter was transmitted from Mr. Charles L. Voorhis, of Nelson, Pope and Voorhis to Ms. Betty Neville, Town Clerk of the Town of Southold conceming a review of the change of zone application. Within this review of the study, six (6) Covenants and Restrictions were suggested for the site in regard to traffic and operation of the facility. The following Covenants and Restrictions pertain to the parking and traffic aspects of the development: #3: "Cessation of the existing auto storage, parking and outdoor repair work along west side of the Mullen Motors building". Response: Currently vehicles may park on the west side of the existing Mullen Motors building between the building and Cottage Place. Garage doors are present on the west side of this building and vehicles for service or visitors may park facing these garage doors on the west side of the building. Mullen Motors is willing to cease any and all repair work that is currently taking place along the west side of the building, and will not perform such work in the furore. However, the garage door entrances to the Service Center are located along the west side of the building. In the course of daily operations, vehicles need to be parked in front of these garage doors for various reasons. Mr. Stephen R. Angel September 30, 1999 Page 2 #5: Vehicles must be pulled up to the garage doors and the service technician must then exit the vehicle and open the garage door and return to the vehicle. The same operation takes place as vehicles are exited from the service bays. These '~ehicles must remain parked for short durations of time in order to operate the Service Center efficiently. In addition, the parking spaces on the west side of the building are used by patrons of Mullen Motors. Our previous March 29, 1999 traffic assessment found that additional parking spaces are needed in order for the site to operate efficiently. Any decrease in available parking would have adverse effects on traffic and parking conditions in the vicinity of the site. Therefore, it is recommended that the parking spaces on the west side of the building remain in order to optimize efficiency for the Mullen Motors operation. "No parking, unloading/loading, or use of side streets in the vicinity by trucks related to Mullen Motors". Response: Route 25 is a major east/west New York State High~vay facility. In this area, Route 25 provides two lanes in each direction with parking lanes on both sides of the road. The average annual daily traffic on Route 25 in the vicinity of the site was 8,100 vehicles per day in August 1996. The intersection turning movement counts can be found attached to this letter for Route 25 at Cottage Place. From 4:00 P.M. to 5:00 P.M. approximately 318 vehicles traveled eastbound and 361 vehicles traveled westbound, for a total of 679 vehicles. This translates to approximately 11 vehicles per minute. If tracks are forced to load and unload on Route 25, a dangerous situation could arise. Vehicles will be loaded and unloaded onto a narrow parking lane (if available) while vehicles are traveling in the adjacent travel lane. In comparison, Cottage Place consisted of 47 vehicles in the northbound direction and 27 vehicles in the southbound direction for a total of 74 vehicles. This translates to approximately one vehicle per minute. In addition to the differences in traffic volumes, tracks loading and unloading on the Route 25 shoulder area block the line of sight for vehicles exiting Cottage Place. A hazardous situation could exist due to the limited sight distance at the intersection should the truck park in the vicinity of the comer. Therefore, in order to optimize safety in the vicinity of the site, it is suggested that Mullen Motors load and unload trucks on Cottage Place rather than Route 25. Mr. Stephen R. Angel September 30, 1999 Page 3 Discussions with representatives of Mullen Motors revealed that the Town of Southold Police Department will not allow truck deliveries on Route 25 for Mullen Motors due to safety reasons. Therefore, it is strongly suggested that Mullen Motors load and unload tracks on Cottage Place rather than Route 25. If you have any questions or need any further information, please call me. Sincer~y, Patrick Lenihan, P.E. Associate Engineer PL:as L990790 Attachment Attachment PAGE: 1 FILE: roucotpm DATE: 2/09/99 Time From North From East From South From West Vehicle Begin RT TI{RU LT RT 774RU LT RT THRU LT RT THRU LT Total 5:00 PM 0 1 2 0 74 2 4 0 15 4 82 0 184 5:30 1 0 0 0 49 1 2 0 9 3 52 I 118 5:45 0 0 0 0 56 0 0 0 6 5 54 0 121 DAY TOTAL 3 1 3 1 604 9 25 1 70 43 555 5 1320 pEAK PERIOD ANALYSIS FOR T~E PERIOD: 4:00 PM - 6:00 PM DIP. ECTION START PFJ%K ~R ........ VOLUMES ............ PERCENTS FRCM PEAK HOUR FACTOR Right Thru Left' Total Right Thru Left North 4:30 PM 0.50 2 1 3 6 33 17 50 East 4:00 PM 0.91 0 357 4 363 0 99 1 SOuth 4:15 PM 0.68 13 0 39 52 2S 0 75 West 4:15 PM 0.98 22 311 3 336 ~ 93 1 North 4;00 PM 0.50 i 0 1 2 50 0 50 East 0.91 0 357 4 361 0 99 1 PAGE: 1 FILE: roucotpm Movements by: Primary DATE: ~/09/99 Total T~r~ing Volumes for the Period: 4:00 PM - 5:00 PM 3 305 23 1 Cottage Place 2--] r0 361 357 331 35 Place 47 -- 0 N Ms. Betty Neville, Town Clerk Southold Town Board Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 NE/SON, POPE & VOORHIE~, LL.C May 24, 1999 RECEIVED ~ Souf{'ml,,,l To~.m C'Je~ Re: Review of EAF Pad HI Richard F. Mullen l~I and William Mullen Zone Change Appl{catlon $CTM No. 1000-62-03-22.1 & 24.1 NP&V Job No. 9?208 Dear Ms. Neville: As per the request of the Southold Town Board, (as SEQRA-designated Lead Agency) we have completed a review of the above-referenced document- This review is intended to: 1) examine the EAF Part 11I for completeness wit.h respec~ to the items.presented in the September 10, 1998 review (attached); 2) COmment on the responses, provided by the Applicant, and; 3) provide recommendations to the Board regarding environmental issues and compliance. It should be noted that as this application has been classified as a Type I action, a Conditioned Negative Declaration (CND) is not allowed.. That is, it is not possible for the Lead Agency to issue a Negative Declaration on the application, with an accompanying list of conditions which the Applicant must first satisfy. As a result, only a Negative Declaration or Positive Declaration is allowed. The EAF Part III genially addresses those items referenced in the September 10, 1998 correspondence from this office with respect to visual impacts, cutting' of trees On the property, land use conflicts and traffte. However, the document leaves some questions incompletely addressed in regard to growth-inducing aspects, traffic (parking), and aesthetic impacts (lighting). The trat~c engineering examination prepared for the EAF Part III by Dunn Engineering Associates ?,C. dearly demonstrates that the Mullen Motors dealership has a deficit of parking. The on-site parking supply occasionally does not meet the demand for customer and employee parking, vehicle storage and cars stored prior $o servicing. Tl~e study indiCates that there are times when vehicles are parked on the adjacent' Site. Increasing on-site parking will address this existing demand. -There is no ,increase in the parking demand and no additional outdoor storage and sales area as a result of this.appliCation. Mullcn Motors EAF Pnrt TIl ]Review N'P&V I~o. 9T208 After review of the balance of the EAF Part 1II provided by the Applicant, this office recommends that acceptance of the document be held in abeyance pending provision of additional details in the below-listed areas. The reviewer acknowledges the effort taken by and on the behalf of the Applicant to provide the Lead Agency with specific information in regard to the planned project, as well as to provide mitigation measures, which will alleviate impacts. However, in consideration of the quality of life issues involved in this application, we recommend that the Board consider obtaining specific details in certain matters, as follows: · What, if anything, is the Applicant planning to do about the rcduc~on in parking space available for Colonial Comer patrons? At present, the lot to be converted m Mullen Motors parking is presently used for overflow parking for Colonial Comers, as Colonial comers has insufficient parking. · Specify the planned height of the new lighting poles, as w-ell as any design or operation measures taken in this matter which would reduce or eliminate potential impacts to the adjacent msidencos from fugitive lighting. (eg., reduced lighting intensity, rettuced number of lighting fixtures, reduced hours of lighting, shrouds, reoriented lighting direction). o Specify the minimum height and/or dianaetcr at breast height (dbh) for the 5 new street trees on Locust Avenue, to replace the 5 large trees that were cut down. · Is the Applicant willing to agree to a number of Covenants and Restrictions (CSzR's) in regard to the traffic and operation of the facility? If so, following are suggested C~R's: No access to Locust Avenue from the new parking lot. 2 No Certificatc of Occupancy for thc new parking lot until all landscaping, lighting, drainage systems, etc. are completed, for both parking lots. 3. Cessation of thc existing auto storage, parking, and outdoor repair work along west side of the Mullen Motors building. 4. No test driving by Mullen employees on residential side streets in the vicinity. 5. No parking, unloading/loading, or use of side streets in the vicinity by trucks related to Mullen Motors. 6. Limitations on the hours when such deliveries are allowed, to 8AM-SPM, weekdays. To provide additional parking mitigation in the vicinity, and to fu~her protect the "rural feel" of the Town, the Town could install "No Parking" signs on Cottage Place along the Mullen Motors property, as well as on the south side of Main Road along the frontage of site, In regard to the potential for impact if the Colonial Comers site is redeveloped, the I~AF Part III states: The applicant acknowledges that flaere has been speculation that Mullen Motors' intention is ~o expand onto {he Colonial Comers property. However,' Mullen Motors has Page 2 ~O'd qUlO± Mullen Motors EAF Part ITl Review NP&V No. 97208 no current plans for expansion. If, at sometime in the future, business demands were such that an expansion was contemplated, the applicant would be required to file the appropriate applications with the Town of Southold and would be subject to environmental review pursuant to 6 NYCILR Part 6127. As indicated in The SEQRA Handbook (NYSDEC 1992, page 22), review of the impacts of future actions are not required if such actions axe speculative, may not occur, and are functionally independerfc of each other (pg. The Applicant is not contemplating redevelopment of the Colonial Comers site at this time. When and if such action is taken, the required application would be based upon a specific Site Plan and would require a separate, full review under SEQRA. As a CND is not an option, the proposed C&R's must be incorporated into the actual project, if a Negative Declaration is to be supported. In this way, the concerns of the community will be addressed, while the community and Applicant will benefit from the improved operations on the project site. The project will address the current insufficiency of parking on the adjacent Mullen Motors propet~y, while the proposed landscaping and prohibition of access to Locust Avenue will mitigate aesthetic impacts for the adjacent and nearby residences. If implemented in conformance with Town standards and the accompanying C&R's, the proposed lighting would not significantly impact the adjacent residences; Therefore, the proposed project is not anticipated to result in significant adverse environmental impacts, and in fact would represent a significant improvement in the overall environmental quality of the operation now present on the site. If there are any new or unsatisfied concerns of the Town Board, the option to issue a Positive Declaration remains, followed by the preparation of a Draf~ ElS. However, as indicated above, the EAF Part III adequately addresses the majority of the environmental and planning concerns of the Town, requiring only a small amount of specificity in regard to certain issues to be deemed complete. Please advise if you wish further assistance in the preparation of a Determination of Significance. Thank you for the opportunity to provide you with this review, and please call if you have any questions. Very truly yours, Page LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP Pursuant to section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 8:20 P.M.. Tuesday. October 12. 1999. on the proposal of Richard F. Mullen. III and l~/illiam fi. Mullen. to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from Hamlet Business District (HB) and R-40 District to General Business District (B) Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. The legal description of the aforesaid property is as follows: all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated on a diagram of lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the office of the Suffolk County Clerk as Lots 1 & 2 and Lots 26, 27 & 28 and described as follows: BEGINNING at a point at the intersection formed by the southerly line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place of beginning along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesny; THENCE along said lands of David & Janice J. Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17 degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West A distance of 109.47 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 seconds West a distance of 171.74 feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 seconds East a distance of 98.92 feet to the point and place of BEGINNING. SCTM# 1000-62-03-22.1 and SCTM# 1000-62-03-24.1, containing 1.2~8~, acres. Dated: September 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 7, OF PUBLICATION TO ELIZABETH BOX 1179, SOUTHOLD, NY 11971 1999, AND FORWARD ONE (1) AFFIDAVIT NEVILLE, TOWN CLERK, TOWN HALL, PO Copies to the following: The Suffolk Times Town Board members Town Attorney Stephen R. Angel, Esq. Richard F. Mullen, III & William H. Mullen Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 1st day of October 1999 she affixed a notice of which the annexed printed notice is a true copy, in. a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Roadr Southold, New York. Legal Notice of Hearing - Notice of Public Hearing on Proposal to Amend Zoning Ordinance and Map on property of Mullen Motors, Inc. south side Main Road (NYS Route 25), Southold, N.Y. ~ Elizal~et~ A. ~leviile Southold Town Clerk Sworn to before me this 1st day of October · 1999. ~ Notar~ Public ' 966L · ENDER: I also wish to receive the Complete items 1 an~ ~r 2 for additional services following services (for an '~ · Complete items 3, 4~ and 4b ' ~ · Print your name and address on the reverse of this form so that we can return this extra fee): ~. card to you. 1. [] Addressee's Address · Attach this form to th .nt of the mailpiece, or on the back if space does not ~ permit 2. [] Restricted Delivery ~ ~ Write "Return Receipt Requested" on the mailpiece below the adicle Rumber · w to whom the adcle was delivered and the date ~qHIt ndmm~ster for fee ~ 3. Ad~cle Addressed to: . 4a. Adi~N,mber ~ ~) ._~ ¢ t/~-~//~¢ ' ~~ [4b Se~iceType ~ o I . ~ ~ ~%~~ ~2SOSg~B-O229 Domestic Return Rece,pt - PS Form ~81/. uecemoer ~ I also wish to receive the Jr 2 for additional services, following services (for an nd 4b fee Kress on the reverse of this form so that we can return this extra ): ~. Iontofthemailpiece. or on the back if space does not 1.BI Addressee's Address .~ ~equested"onthemailpiecebelowtheariiclenumber 2.[] Restricted Dehvery ~ Ishow to whom the adicle was delivered and the date Consult postmaster for fee '~ to: /) ,, ~ 4a. Artic~Number '~ / UJ I 4b Service Type ~Certified ~ I $0 int Name) ;essee or Agent) [] Insured I COD ~ PS Form 3811, December 1994 102595 98-B 0229 Domestic Return Receipt 966~ SENDER: · Complete items 1 and/or 2 for additional services · Complete items 3, 4a, ~d 4b · Print your name and a~ ~ress on the reverse of this form so that we can return this card to you · Attach this form to the i ror]t of the mailpiece, or on the space back does not permit. · Write "Return Receipt equestedr'on the mailpiece below the adcle number · The Return Receipt will show to whom the article was delivered and the date I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. ~~e%_.c_.~.j Number 5. Received By: (Print Name) 6. Signature: (Addressee or Agent) x PS For~811, December 1994 ~0259598B-~229 ~omestic Return Receipt i S66 RENDER: 3omplete items 1 and/or 2 for additional services ~Complete items 3, 4a and 4b · Print your name and address on the reverse of this form so that we can return this card to you. · Attach this form lo th( front Of the mailpiece, or on the back il space does not I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee ~ 3. Article Addressed to: 4a. Article Number 4b. Se ioeTyp . [] Registered difie I~ [] Express Mail [] InsureJ' ~ [] Return Receiptf0r Merchandise [] COD '~ e~f~livery o G661 ~; SENDER: '~_ · Complete items 1 and/or 2 for additional sen/ices u~ ·Complete items 3, a and 4b ~ · Print your name al ddress on the reverse of this form so that we can return this ~. card to you ~ · Attach this form to tt ~ front of the mailpiece, or on the back if space does not 3. Article Addressed to: I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address .~. 2. [] Restricted Delivery ~ Consult postmaster for fee. ~. 4a Article Number '4b. Service Type [ [] Registered ~Certifie~l ~ Express MaJ~ ~ Insured ~ Return Receiptf0r Merchandise ~ COD 7 Date of D¢ive~ SENDER: · Complete items 1 8 'or 2 for additional services. · Compee terns3 ¢~ and4b · Print your name and address on the reverse o h s form so that we can return this card to you · Attach this form to the front of the mailpiece, or on the back if space does not I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address · Write "Return Rece, Requested,ron the mailpiece below the article number 2. [] Restricted Delivery · The Return Receipt ¢ill show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4a Artce Number - .~ .- ~. . -~ -~ I 4b. Service Type v ~ / // j~ Heturn~ece~ptfor~r~dfse SENDER: · Complete items 1 and/or 2 for additional services · Complete items 3, 4a, and 4b · Print your name and address on the reverse of this form So that we can return this card to you · Attach this form to the front of the mailpiece, or on the back if space does not permit · Write 'rRetum Receipt Requested" on the mailpiece below the adicle number · The Return Receipt will show to whom the adicle was delivered and the date 3. Article Addressed to: 5. ~ived By: (Print Name) ~661 ~ p~ o ' - - rm 3~1, December 1994 I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a Article Number 4b service Typ~ / ~ Registe~ ~ ~ ~ Expre~ ~lRSured D )2595 98 B 0229 Domestic Return Receipt ~;..C;ENDER: 'omplete items 1 anL or 2 for additional services ,omplete items 3, 4a and 4b. Print your name and, Idress on the reverse of this form so that w~ uan return this card to you Attach this form to th~ ~ront of the mailpiece, or on the back if space does not Write "Return Rece~p ~equested'r on the mailpiece below the article number The Return Receipt ~ show to whom the adicle was delivered and the date 3. Arhcle Addressed to: I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a. Adicle Number ~ 4b. Service Type -- // [] Registered J2:POe rtified [] Express Mail [] InSL,ed [] Return Receipt for Merchandise [] COD · Date el Delivery cO 966L SENDER: I also wish to receive the · Complete items 1 and/or 2 for additional services following services (for an · Complete items 3, 4~ , and 4b. · Print your name and address on the reverse of this form so that we can return this extra fee): card to you a Attach this form to th ~ front of the mailpiece, or on the back if space does not 1 [] Addressee's Address permit· · Write "Return Receipt Requested" on the mailpiece below the adicle number 2. [] Restricted Delivery · ~eh ~veR~et ~1 r n Receipt will show to whom the adicle was delivered and the date Consult postmaster for fee. 3. Article Addressed t : 4a Article Number ~- , ~'? ~ [] Registered /, .~/ . /~) j ~ / .... [] Express Mail [] Insured SENDER: · Complete items 1 and/or 2 for additional serwces · Complete items 3 4a, and 4b. · Print your 9amd and address on the reverse of this form so that we can return this card to you · Attach this form to the front of the mailpiece, or on the back if space does not permit · Write "Return Receipt Requested'r on the mailpiece below the adicle number · The Return Receipt will show to whom the artiee was delivered and the date I aisc wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2 [] Restricted Delivery Consult postmaster for fee. <~ 3. Article Addressed to: 4a Article Number [] Registered ~Certified ~ [] Insured L.~ 4b. Service Type .1~ Express Mail ~] Return Recelp lot Merchandise [] COD 7. Date of Delivery O 8. Addressee's Address (Only if requested >' SENDER: · Complete items 1 and/or 2 for additional services · Complete items 3 4a and 4b · Print your name and address on the reverse of this form so that we can return this card to you · Attach this form to t ,9 front of the maiLpiece, or on the back if space does not permit · Write "Return Rece,~.t Requested" on the mailpiece below the adiole number · The Return Receipt will show to whom the article was delivered and the date I also wish to receive the following services (for an extra fee): t [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. <~ 3. Article Addressed to: 5. Received By: (Print Name) 6. Signalure: (Addressee or AgenO ~ PS Form 3811, December 1994 4b. Service Typ 5 1999 102595 98 B 0229 Domestic Return Receipt N g66 *' ~ENDER: I also wish to receive the Complete items 1 and. r 2 for additional services following services (for an ,Compee ems3 4a and4b ~ · Print your name and address on the reverse of this form so that we can return his extra fee): ~ ca d to you 1. [] Addressee's Address -.~ >~ · Attach this form to the front of the mailpiece, or on the back space does no m permit. 2. [] Restricted Delivery ~- · Write "Return Receipt Requested" on the mailpiece below the adicle number ~ ~ · 'Fha Return Receipt will show to whom the ardcle was delivered and the date Consult postmaster for fee. ~. .~ delivered '~ 4a. Article Number z_o 0q. 4b. Service Type ~ Register%, ~ Ex;r~~~.~ Insured m .et¢~e ~'~ 7. Da~ of De,very ( OCT e F SENDER: · Complete items 1 an ~l, . 2 for additional services. · Complete items 3, ~nd 4b · Print your name an' ddress on the reverse of this form so that we can return this card to you · Allach this form to , front of the mailpiece or on ti e back if space does not permit · Write "Return Receipt Requested" on the mailpiece below the article number · The Return Receipt will show to whom the ardcle was delivered and the date I also wish to receive the following serwces (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a Article Number 4b. Service Type [] Registered ~Cedificd [] Express Mail [] Insured [] Return Receiptfor Merchandise [] COD 7. Date of, __ ,~,~,~/.~Delive ~; SENDER: ,~_ · Complete items 1 and/or 2 for additional services m · Complete items 3, 4a, and 4b f also wish to receive the following services (for an card to you permitAttach this form to the front of the mailpiece, or on the back if space does not 1. [] Addressee's Address Write 'rRetum Race,pt Requested" on the mailp ace be ow the article number 2. 0 Restricted DeriveW The Return Receipt will show to whom the a~icle was delivered and he date delivered ~*~ Consult postmaster for fee. 3. A~icle Addressed to: ~ -~ , 4a AdicleNu~ m~er ~ = ~~*' ' - ' ~-'~''~-" "X/~/4b'SemiceType ' - I ,. ,, --/ ~ ~ ' J~ Registered ~,~ified 966 N ~66L ~; SENDER: .~_ · Complele items 1 and/or 2 for additional services · Complete items 3.4a. and 4b · Print your name and address on the reverse of this form so that we can return this card to you · Attach this form to the front of the mailpiece, or on the back if space does not permit · Write 'rRetum Receipt Requested'ron the mailpiece below the adicle number · The Return Receipt will show to whom the adiole was delivered and the date I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number ~'- h ~ I 4b Service T yp~ [~Certif~d if requested 5. Received~(Print Name) 6. Signature~A/~dressee _m PS Form ~811~ DecemberS94 102595 98 B 0229 Domestic Return Receipt ~ENDER: I also wish to receive the Complete items 1 and, r 2 for additional services following services (for an · Comped ems3 4a, and4b , Print your name and address on the reverse otb s orm so ha we can return his extra fee): card to you 1. [] Addressee's Address · Attach this form to the !ront of the mallpiece, or on the back if space does not permit. 2. [] Restricted Delivery · Write "Return Receipt Requested" on the mailpJece below the article number · The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee delivered 4a. Article N~Jmber 4b. Se~ice Type / ~ Register~ ~ CeR:fied ,n ur . U Ret¢~e~i~% ~ COD 7. Da~ of De,very ( 00T 0 5 1999 §66L SENDER: · Complete items 1 an t¢' · 2 for additional services · Complete items 3. ~nd 4b · Print your name an' ddress on the reverse of this form so that we can return this card to you · Al~ach this form to , front of the maiipiece, or on ti e back if space does not permit · Write "Return Receipt Requesled" on the mailpieoe below the article number · The Return Receipt will show to whom the article was delivered and the date I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. Article Addressed to: 4a Article Number ,?. 4b. Service Type [] Registered ~Certificd [] Express Mail [] Insured [] Return Receiptfor Merchandise [] COD 7. Date of., __ ,~..~/.:Delive SENDER: · Complete items 1 and/or 2 for additional services · Complete items 3, 4a, and 4b · Print your name and address on the reverse o h s form so that we can return this card to you · Attach this form to the front of the mailpiece, or on the back if space does not t also wish to receive the following services (for an extra fee}: 1. [] Addressee's Address Article Addressed to: ~ /2 / 4a Article Number ~: n ' -- x __'~!~ ('/' '~/4b. Service Type ~ ~~ ~ ' ~[~ Registered ~ '~ ~ ~ ~ ~ ~ /~ Ret~iEtf~T~h~i~ SENDER: · Complete items 1 and/or 2 for additional services · Complete items 3.4a. and 4b · Print your name and address on the reverse of this form so that we can return this card to you · Altach this form to the front of the mailpieoe, or on the back if space does Rot permit · Write 'rRatu£r~ ReC¢l~t RaqIJested'rOn the mailpiece below the article number · The Return Receipt will show to whom Ihs article was delivered and the date 3. Article Addressed to: I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 5. Received_~ (PrJnt Name) --~ PS Form 3811, DecemberS94 I4b Service Type Certified Insured COD 102595 98 B 0229 Domestic Return Receipt N 8 ~66 966t '~ENDER: I also wish to receive the Complete items 1 and/~ o additional servmes following services (for aR · Complete items 3.4a. a ,d *': · Pri~qt your name and adrir~ 'e reverse of this form so that we can return this extra fee): card to you ' t.[~ Addressee's Address · Attach this form to the f' the mailpiece or On the back if space does not permit 2. [] Restricted Delivery · Write "Return Receipt F, quested" on the mailpiece below the article number · The Return Receipt will dow to whom the ardcle was delivered and the date Consult postmaster for fee, delivered ~ 3. Article A.~.ddressed I%,. 4a, Adicle Number ~~ ~~V ~ Registered ~ Ce~ified~ ~ /~/., 4b. Se~iceFype / l~ ~f~ //¢~/. Express Mail ~ Insured ~ Return Receiptfor Merchandise ~ COD' ate °f Deliver~ /C//~ ¢ 5. ~ec~ived By: (Print Nom~) 8, A~Omssee~s AOOr~ss (OnlyX~ requested ~d fee is paid) ~ 6' Signature: X ~~(Addressee°rAgent) ~~ ~ PS Form 3811, Oece~4 -- )259s 9fl-8 0229 Domestic Return Receipt SENDER: · Complete items 1 and/or 2 for additional services, · Complete items 3, 4a, and 4b. · Print your name and address on the reverse of this form so that we can return this card to you · Attach this form to the front of the mailpiece, or on the back if space does not permit. · Write "Return Receipt Requested"of~ the mailpiece below the article number · The Return Receipt will show to whom the article was delivered and the date 3. Article Addressed to: 5. Received By: (Pdnt Name) x PS For~ 38117December 19~ I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 4a. Article Number o ,cow///, 4b. ServiceTyp~ ' ' - ' [ ~ ~1 Registe~ ~ertifi t~ ~. [] Expre~~~-~.J In~urel~ ~ ~ Retu¢ ~ for Merchand~e ~ COD 'i 8. Ad uested ~ 10259S-98-B-0229 Domestic Return Receipt ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 30, 1999 Stephen R. Angel, Esq. Esseks, Hefter & Angel Counselors At Law 108 East Main Street Post Office Box 279 Riverhead, New York 11901 Dear Mr. Angel: Please be advised that the Southold Town Board at their regular meeting held on September 28, 1999 set the date for the public hearing on the Mullen Motors change of zone for 8:20 P.M., Tuesday, October 12, 1999. A certified copy of this resolution is enclosed. Pursuant to Chapter 58 of the Code of the Town of Southold, signs must be posted on the property and notices sent to surrounding property owners. I have enclosed a copy of these requirements. If you have any questions, please do not hesitate to contact me at 765-1800. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Mullen Motors ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER :78, 1999: RESOLVED by the Town Board of the Town of Southold that the Town Board will hold a public hearing on October 12, 1999 at8:20 P.M. at the Southold Town Hall 53095 Main Road, Southold, New York on the question of an amendment to the zoning map on petition from Richard F. Mullen II! and William Mullen for the parcels identified as SCTM# 1000-62-03-22.1, and SCTM #1000-62-03-24.1 . The proposed zone change for the parcel identified as SCTM #1000-62-03-22.1 is from Hamlet Business CHB) to General Business (B) and the proposed zone change for the parcel identified as SCTM# 1000-62-03-24.1 is Low-Density Residential (R-40) to General Business 03); be it further RESOLVED by the Town Board of the Town of Southold that this petition for an amendment to zoning map be referred to the Town of Southold Planning Department and the Suffolk County Planning Department for review and recommendations. Southold Town Clerk September 28, 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 Telephone (5161 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: XX New Zoning Ordinance Amendment of Zoning Codb Amendment of Zoning Map (Change of Zone) Location of affected land: south side of Main Road (State Route 251. Southold. New York. Owners: Richard F. Mullen. III and William Mullen Suffolk County Tax Map No,: 1000-62-03-22.1 and 1000-62-03-24.1 Within 500 feet of: The boundary of any. village or town The boundary of any existing or proposed county, state or federal park. XX The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The 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. The existing or proposed boundary of any other county, state or federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Date: 9~30~99 Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 28. 1999: RESOLVED by the Town Board of the Town of Southold that the Town Board will hold a public hearing on October 12, 1999 at 8:20 P.M. at the Southold Town Hall 53095 Main Road, Southold, New York on the question of an amendment to the zoning map on petition from Richard F. Mullen III and William Mullen for the parcels identified as SCTM# 1000-62-03-22.1, and SCTM #1000-62-03-24.1 . The proposed zone change for the parcel identified as SCTM #1000-62-03-22.1 is from Hamlet Business (HB) to General Business (B) and the proposed zone change for the parcel identified as SCTM# 1000-62-03-24.1 is Low-Density Residential (R-40) to General Business (B); be it further RESOLVED by the Town Board of the Town of Southold that this petition for an amendment to zoning map be referred to the Town of Southold Planning Department and the Suffolk County Planning Department for review and recommendations. Southold Town Clerk September 28. 1999 K~.:~t)LU 1 ION - ~/~,P 1 ~EM~I~. 2/, 1999 RESOLVED by the Town Board of the Town of Southold that the Town Board will hold a public hearing on October 12, 1999 ats.:00 P.M. at the Southold Town Hall 53095 Main Road, Southold, New York on the question of an amendment to the zoning map on petition from Richard F. Mullen III and William Mullen for the parcels identified as SCTM# 1000-62-03~22.1, and SCTM #1000-62-03-24.1 . The proposed zone change for the parcel identified as SCTM #1000-62-03-22.1 is from Hamlet Business (I-lB) to General Business (B) and the proposed zone change for the parcel identified as SCTM# 1000-62-03-24.1 is Low-Density Residential (R-40) to General Business (B); be it further RESOLVED by the Town Board of the Town of Southold that this petition for an amendment to zoning map be referred to the Town of Southold Planning Department and the Suffolk County Planning Department for review and recommendations. CAROLYN A. ZENK ATTORNEY &T LA~ 121 Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 Southold Town Board c/o Elizabeth A. Neville, Town Clerk 53095 Main Road Southold, New York 11971 Ne: Mullen Motors Change of Zone request/Environmental assessment of the wrong action and requirement for an environmental impact statement as a matter of law. August 27th, 1999 Dear Members of the Southold Town Board, I am the attorney representing a number of homeowners in Founders Estates, a residential community surrounding the Mullen Motors car dealership, located south of New York State Route 25, near Locust Lane and Cottage Place. I have reviewed the Part III Environmental Assessment Form submitted by Freudenthal and Elkowitz Consulting Group, dated April 1999, prepared for the Mullen Motors Corporation. I have also reviewed the May 24th, 1999 letter from Southold's Town consultants- Nelson, Pope and Voorhis- which constitutes a review of the Part III EAF. I) THE ENVIRONMENTAL ASSESSMENT FORM PART IIX IS I~?.v.y INSUFFICIENT AS A MATTER OF LAW BECAUSE IT EVALUATES THE WRONG ACTION. The PART III EAF submitted by the applicant is legally insufficient as a matter of law. Ouite simDIF, it is deficient because it evaluates the wrona action. The action at issue is a change of Zone for the existing Colonial Corners shopping center! from Hamlet Business to ~eneral Business, as well as a change-of- zone for the lot immediately south thereof, from Residential--40 to ~eneral Business. The EAF evaluates only a proposed site plan for a parking lot. According to the applicant, the alleged need for the change-of- zone is to enable the contract vendee2 to expand a pre-existing nonconforming use by establishing an additional 36 car parking lot in an already 1Colonial Corners is located at the corner of County Route 25 and Locust Lane. 2It bears emphasis that the Multen Motors Corporation does not even own the land at issue, and yet seeks a zone change upon it. page 2 blighted area. If this were in fact correct, why is the applicant seeking a change of zone for Colonial Corners itself, when this is not necessary for the establishment of a parking lot? I submit that the applicants are less than forthcoming. If this was truly the applicant's intent, why take the windfall approach of changing the zoning on two separate parcels of land to a more intense, commercial use? While the applicant verbally assures the Southold Town Board that it does not seek any of the uses that the change-of-zone would permit once the zone is changed, these uses are permitted as a matter of law. In addition, there are no legal documents on record that would ensure that Colonial Corners would not be destroyed or the applicant would limit himself to a parking lot. The applicant states in his EAF Part III, "As no changes to the northern segment of the property housing the Colonial Corners development are proposed, no further discussion of this section of the property will be provided in this Part III EAF." (p. 1 EAF Part III) This is ridiculous. The applicant cannot fail to study the very topic at issue, namely a change-of-zone. At page 3 of the Environmental Assessment Form Part III, the applicant states: Consideration of the impacts of changes to Colonial Corners or expansion to Mullen Motors is not appropriate at this time as: There is no proposed plan for changes to the Colonial Corners development nor is an expansion of Mullen Motors to the Colonial Corners property proposed. Thus, such actions are, at best, speculative; Changes to Colonial Corners and/or the expansion of Mullen Motors may never occur; and Any changes that may be proposed to Colonial Corners or Mullen Motors in the future are functionally independent of the proposed action. Furthermore, any future actions that may be proposed would require environmental review pursuant to 6 NYCRR Part 617. The Town's consultants seek to reassure the Town that there would be some control over the project through future site plan review and State Environmental Quality Review Act (SEQRA) analysis. However, once these uses are allowed as a matter of right, site plan review and SEQRA will only be able to mitigate harm to the neighborhood, not prevent it. To make an analogy, even if you dress a mule up in a silk skirt, it is still a mule. Once the zone change is passed, you will only be able to minimize the damage to the neighborhood by way of conditions. A change-of-zone clearly constitutes an "action" within the meaning of the SEQRA regulations and must be evaluated as such. page 3 "Actions" are defined in the State Environmental Quality Review Act regulations at 6 N.Y.C.R.R. 617.2b) thus: (1) projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance, or condition of any natural resource or structure, that: iii) require one or more new or modified approvals from an agency or agencies; 3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and 4) any combinations of the above. e) "Approval,, means a discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. A change- of- zone constitutes an action within the meaning of SEQR. Since the change-of-zone enables intense commercial uses that are currently prohibited at the site, the new commercial uses must be evaluated as a matter of law. II) THE RECORD ESTABLISHES THAT THE PROPOSED CHANGE--OF-ZONE WOULD CONTRIBUTE TO SUBURBAN SPRAWL, HURT LOCAL BUSINESSES AND THE RESORT- BASED ECONOMY, BE DETRI~4~NTAL TO THE RURAL AND HISTORIC CHARACTER OF THE NEIGHBORHOOD AND TOWN, AND POSE TRAFFIC SAFETY HAZARDS. The record establishes that the expansion of Mullen Motors Inc. and the change of zone would have the following undesirable impacts on the neighborhood: 1) The change-of-zone would increase the suburban sprawl already encroaching on the area, by expanding an automotive use, one of the uses most at odds with the rural, residential character of the neighborhood; 2) The change-of-zone would be detrimental to local small Mom and Pop businesses as it would injure the resort-based economy by detracting further from Southold's small Town charm. It bears emphasis that to be successful, Southold's business community must be able to successfully compete. Obviously, we can never compete with the low prices that up- island vendors can provide. Our success lies in our small town charm. Nothing detracts faster from the rural quality of the hamlet than automotive uses. Their chain link fences, halogen lights, sprawling parking lots, metallic cars, and used car signs are the very symbol of suburban and urban blight; page 4 3) The change-of-zone would detract from the rural qualities of Southold by allowing general business uses which are much more intense than residential uses and hamlet business uses. For example, while residential zoning allows such uses as farms, horse farms, churches, and residences, the general business zone allows fast food marts, gas stations, car washes, bars, and warehouses; 4) The change-of-zone would detract from the historic qualities of Southold; 5) The change-of-zone would introduce a residential neighborhood with small huge tractor trailers; additional traffic hazards into children, such as those posed by 6) The change-of-zone would reduce neighborhood property values; These impacts are illustrated by the photographic exhibits enclosed with this letter. The first set of photographs (Exhibits iA, lB, and lC) depict the character of the surrounding neighborhood, with the exception of the Mullen Motors Car Dealership. As you can see, there are some quaint historic homes in the R-40 zone, including salt box houses with picket fences. Exhibit lC depicts the charming houses that existed in this area before Mullen Motors built its current parking lot. A number of beautiful, early colonial homes were destroyed or removed to accommodate this business to the detriment of Southold's historic character. Exhibits 2A, 2B, 2C, and 2D depict some of the existing businesses near Locust Lane that are consistent with the historic character and charm of Southold. They include the Colonial Presbyterian Church, the Currie Bell House Museum, the Thomas Moore House Museum, a Colonial Bed and Breakfast, the Federalist Inn and Restaurant, and others. Exhibit 3A depicts Colonial Corners. Colonial style homes, converted into shops, blend nicely with the existing character of the residential neighborhood. The architecture is consistent with the colonial style of Southold. The buildings are to-scale and nicely landscaped. The change-of-zone could allow the destruction of this entire development for such intense uses as fast food restaurants and gas stations. Exhibit 4A, 4B, and 4C depict the existing Mullen Motors car dealership. This development is in sharp contrast to those depicted in the prior photographs. The corporate building is modern, flat, and ugly. Plastic signs mark the site. An ugly chain link fence surrounds the building. There are cars parked everywhere. There is little, if any, landscaping to buffer the ugly view. Exhibit 4C depicts some of the buildings of Mullen Motors. Note the lack of landscaping and the wall-to-wall pavement. Exhibit number 4B depicts the dealership once page 5 again. The cars, chain-link fencing, halogen lights, and the sign hung from what appears to be a pipe are all ugly and highly visible. Exhibit 5A depicts some of the very intense uses that the change of zone would allow. These uses should be contrasted with Exhibits 1 through 3. Among these uses are a car dealership, a warehouse, a car wash, a gas station, and a fast food mart. Exhibit 6A and 6B depict some of the safety concerns already associated with the existing Mullen Motors Inc., which include concerns about oversized car carriers roaring through pedestrian- oriented hamlets. The carriers pose traffic dangers on the very narrow, overcrowded County Route 25. They rumble down residential streets creating noise and fumes. They endanger small children in the neighborhood. Allowing the Mullen Motors Corporation to expand further would pose additional, similar problems. Exhibit 7A depicts the bright, obnoxious halogen lights already associated with the facility. These lights glare into the neighbors' eyes at night. Additional bright, glaring lights would be needed to illuminate the cars, increasing this nuisance further. Exhibit 8 depicts the damage already inflicted to the area proposed for a parking lot. Majestic trees, over one half century old were cut down, some three feet across. Note that these trees were cut before the developers received permission from the Town of Southold to construct a parking lot. Note also, that a lush, vegetative canopy still remains which continues to help buffer the residential neighborhood. The buffer lessens noise from County Route 25 and helps screen residential properties from commercial properties. II) AN ENVIRONMENTAL IMPACT STATEMENT MUST SE P~EPARED AS A MATTER OF LAW BECAUSE THE PROPOSED ACTION ,~MAytt MA%~'E A SIGNIFICANT IMPACT ON THE ENVIRONMENT. The record makes it clear that the proposed action "may" have a significant effect on the environment. Thus, an environmental impact statement is required as a matter of law. The State Environmental Quality Review Act (SEQRA) regulations make it clear that an environmental impact statement is required for the proposed action. 6 N.Y.C.R.R. 617.1 d) states: The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision-making processes of state, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, ~und or approve may have a sianificant impact on the environment, and if it is determined that the action may have a sianif~-nt adverse {m-act. nreDare or request an environmental impact statement page 6 6 N.Y.C.R.R. 617.7 b) requires that, for all Type I and Unlisted actions the lead agency making a determination of significance must: 3) thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; ... 6 N.Y.C.R.R. 617.7 c) sets forth the test for making this determination: Criteria for determining significance. 1) To determine whether a proposed Type I or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environment: i) a substantial adverse change in existing...traffic or noise levels:...; ii) the removal or destruction of large quantities of vegetation... v) the impairment of the character or quality of important historical,...architectural, or aesthetic resources or of existing co---unity or neighborhood character; vii) the creation of a hazard to human health; x) the creation of a material demand for other actions that would result in one of the above consequences; Also See 6 N.Y.C.R.R. 617.2 for the definition of environment. The record clearly establishes that the change-of-zone would substantially increase existing traffic or noise levels, thus triggering criteria #i). The record establishes that the historic, rural, aesthetic, and residential quality of the neighborhood would be detrimentally affected by the expansion of the Mullen Motors Corporation; thus triggering criteria # v). The record establishes that oversized car carriers rolling through residential neighborhoods and pedestrian-oriented hamlets are already creating a serious traffic hazard. Expanding Mullen Motors would exacerbate this condition more, thus triggering criteria #vii). Finally, the record establishes that a change-of-zone would create a "material demand" for more intense commercial development that would result in all of the above consequences, thus triggering criteria x. page 7 In sum, an environmental impact statement is required as a matter of law. It bears emphasis, that to pass a negative declaration, the board must determine that the project will not have any significant environmental impacts. 6 N.Y.C.R.R. 617.2 y) provides: Negative declaration" means a written determination by a lead agency that the implementation of the action, as proposed, will not result in any significant adverse environmental impacts...(Emphasis added). It is clear from this record, that such a determination would defy the facts of the case. CONCLUSION There is no advantage to the Town of Southold what-so-ever in allowing this change of zone. Indeed, there are substantial detriments from both an economic and quality-of-life point of view. The record makes it perfectly clear that the proposed action will definitely have a negative and significant impact on the environment. Therefore, if the Board wishes to continue with this project, it must issue a positive declaration under SEQRA. We would recommend that the change-of-zone simply be denied based upon the clear evidence already in the record. Sincerely, cc: Town Clerk Town Attorneys Planning Board Town Planner Zoning Board of Appeals Trustees Code Enforcement Officer/Chairman of the Nelson, Pope, and Voorhis Suffolk Times Times Review Suffolk Life Traveler Watchman Building Department CAROLYB A. ZENK ATTORNEY AT LAM 121 Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 Southold Town Board c/o Elizabeth A. Neville, Town Clerk 53095 Main Road Southold, New York 11971 Re: Mullen Motors Change of Zone request/Environmental assessment of the wrong action and requirement for an environmental impact statement as a matter of law. August 27th, 1999 Dear Members of the Southold Town Board, I am the attorney representing a number of homeowners in Founders Estates, a residential community surrounding the Mullen Motors car dealership, located south of New York State Route 25, near Locust Lane and Cottage Place. I have reviewed the Part III Environmental Assessment Form submitted by Freudenthal and Elkowitz Consulting Group, dated April 1999, prepared for the Mullah Motors Corporation. I have also reviewed the May 24th, 1999 letter from Southold's Town consultants- Nelson, Pope and Voorhis- which constitutes a review of the Part III EAF. X) THE ENVIRONMENTAL ASSESSMENT FORM PART IIX IS LEG~T'T'Y XMSUFFXCXKNT AS A MATTER OF LAW BECAUSE IT EVALUATES THE WRONG ACTXON. The PART III KAF submitted by the applicant is legally insufficient as a matter of law. Quite simnlv, it is deficient because it evaluates the wrona action. The action at issue is a change of zone for the existing Colonial Corners shopping center1 from Hamlet Business to General Business, as well es e change-of- zone for the lot immediately south thereof, from Residential-40 to General Business, The EAr evaluates only a proposed site plan for a parking lot. According to the applicant, the alleged need for the change-of- zone is to enable the contract vendee2 to expand a pre-existing nonconforming use by establishing an additional 36 car parking lot in an already 1Colonial Corners is located at the corner of County Route 25 and Locust Lane. 2It bears emphasis that the Mullen Motors Corporation does not even own the land at issue, and yet seeks a zone change upon it. page 2 blighted area. If this were in fact correct, why is the applicant seeking a change of zone for Colonial Corners itself, when this is not necessary for the establishment of a parking lot? I submit that the applicants are less than forthcoming. If this was truly the applicant's intent, why take the windfall approach of changing the zoning on two separate parcels of land to a more intense, commercial use? While the applicant verbally assures the Southold Town Board that it does not seek any of the uses that the change-of-zone would permit once the zone is changed, these uses are permitted as a matter of law. In addition, there are no legal documents on record that would ensure that Colonial Corners would not be destroyed or the applicant would limit himself to a parking lot. The applicant states in his EAF Part III, "As no changes to the northern segment of the property housing the Colonial Corners development are proposed, no further discussion of this section of the property will be provided in this Part III EAF." (p. 1 EAF Part III) This is ridiculous. The applicant cannot fail to study the very topic at issue, namely a change-of-zone. At page 3 of the Environmental Assessment Form Part III, the applicant states: Consideration of the impacts of changes to Colonial Corners or expansion to Mullen Motors is not appropriate at this time as: There is no proposed plan for changes to the Colonial Corners development nor is an expansion of Mullen Motors to the Colonial Corners property proposed. Thus, such actions are, at best, speculative; Changes to Colonial Corners and/or the expansion of Mullen Motors may never occur; and Any changes that may be proposed to Colonial Corners or Mullen Motors in the future are functionally independent of the proposed action. Furthermore, any future actions that may be proposed would require environmental review pursuant to 6 NYCRR Part 617. The Town's consultants seek to reassure the Town that there would be some control over the project through future site plan review and State Environmental Quality Review Act (SEQRA) analysis. However, once these uses are allowed as a matter of right, site plan review and SEQRA will only be able to mitigate harm to the neighborhood, not prevent it. To make an analogy, even if you dress a mule up in a silk skirt, it is still a mule. Once the zone change is passed, you will only be able to minimize the damage to the neighborhood by way of conditions. A change-of-zone clearly constitutes an "action" within the meaning of the SEQRA regulations and must be evaluated as such. page 3 ,,Actions" are defined in the State Environmental Quality Review Act regulations at 6 N.Y.C.R.R. 617.2b) thus: (1) projects or pkysical activities, such as construction or other activities that may affect the environment by changing the use, appearance, or condition of any natural resource or structure, that: i~i) require one or more new or modified approvals from an agency or agencies; ~i'adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and 4) any combinations of the above. e) ,,Approval" means a discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. A change- of- zone constitutes an action within the meaning of SEQR. Since the change-of-zone enables intense commercial uses that are currently prohibited at the site, the new commercial uses must be evaluated as a matter of law. Il) THE RECORD KSTABLZSHES THAT THE pROPOSED CHANGK'-OF-ZONE MOULD COHTRIBUTE TO SUBURBAN SPRAWL, HURT LOCAL BUSINESSES AIrD TH~ RESORT"* BASED ECONOMY, BE DKTRXMENTAL TO THE RURAL AND HXSTORXC CHARACTER OF TIlE NEIGHBORHOOD AND TOWN, AND POSE TRAFFXC SAFETY HAZARDS. The record establishes that the expansion of Mullen Motors Inc. and the change of zone would have the following undesirable impacts on the neighborhood: 1) The change-of-zone would increase the suburban sprawl already encroaching on the area, by expanding an automotive use, one of the uses most at odds with the rural, residential character of the neighborhood; 2) The change-of-zone would be detrimental to local small Mom and Pop businesses as it would injure the resort-based economy by detracting further from Southold's small Town charm. It bears emphasis that to be successful, Southold's business community must be able to successfully compete. Obviously, we can never compete with the low prices that up- island vendors can provide. Our success lies in our small town charm. Nothing detracts faster from the rural quality of the hamlet than automotive uses. Their chain link fences, halogen lights, sprawling parking lots, metallic cars, and used car signs are the very symbol of suburban and urban blight; page 4 3) The change-of-zone would detract from the rural qualities of Southold by allowing general business uses which are much more intense than residential uses and hamlet business uses. For example, while residential zoning allows such uses as farms, horse farms, churches, and residences, the general business zone allows fast food marts, gas stations, car washes, bars, and warehouses; 4) The change-of-zone would detract from the historic qualities of Southold; 5) The change-of-zone would introduce additional traffic hazards into a residential neighborhood with small children, such as those posed by huge tractor trailers; 6) The change-of-zone would reduce neighborhood property values; These impacts are illustrated by the photographic exhibits enclosed with this letter. The first set of photographs (Exhibits lA, lB, and lC) depict the character of the surrounding neighborhood, with the exception of the Mullen Motors Car Dealership. As you can see, there are some quaint historic homes in the R-40 zone, including salt box houses with picket fences. Exhibit lC depicts the charming houses that existed in this area before Mullen Motors built its current parking lot. A n,,mher of beautiful, early colonial homes were destroyed or removed to accommodate this business to the detriment of Southold's historic character. Exhibits 2A, 2B, 2C, and 2D depict some of the existing businesses near Locust Lane that are consistent with the historic character and charm of Southold. They include the Colonial Presbyterian Church, the Currie Bell House Museum, the Thomas Moore House Museum, a Colonial Bed and Breakfast, the Federalist Inn and Restaurant, and others. Exhibit 3A depicts Colonial Corners. Colonial style homes, converted into shops, blend nicely with the existing character of the residential neighborhood. The architecture is consistent with the colonial style of Southold. The buildings are to-scale and nicely landscaped. The change-of-zone could allow the destruction of this entire development for such intense uses as fast food restaurants and gas stations. Exhibit 4A, 4B, and 4C depict the existing Mullen Motors car dealership. This development is in sharp contrast to those depicted in the prior photographs. The corporate building is modern, flat, and ugly. Plastic signs mark the site. An ugly chain link fence surrounds the building. There are cars parked everywhere. There is little, if any, landscaping to buffer the ugly view. Exhibit 4C depicts some of the buildings of Mullen Motors. Note the lack of landscaping and the wall-to-wall pavement. Exhibit n,,mher 4B depicts the dealership once page 5 again. The cars, chain-link fencing, halogen lights, and the sign hung from what appears to be a pipe are all ugly and highly visible. Exhibit 5A depicts some of the very intense uses that the change of zone would allow. These uses should be contrasted with Exhibits 1 through 3. Among these uses are a car dealership, a warehouse, a car wash, a gas station, and a fast food mart. Exhibit 6A and 6B depict some of the safety concerns already associated with the existing Mullen Motors Inc., which include concerns about oversized car carriers roaring through pedestrian- oriented hamlets. The carriers pose traffic dangers on the very narrow, overcrowded County Route 25. They rumble down residential streets creating noise and fumes. They endanger small children in the neighborhood. Allowing the Mullen Motors Corporation to expand further would pose additional, similar problems. Exhibit 7A depicts the bright, obnoxious halogen lights already associated with the facility. These lights glare into the neighbors' eyes at night. Additional bright, glaring lights would be needed to illuminate the cars, increasing this nuisance further. Exhibit 8 depicts the damage already inflicted to the area proposed for a parking lot. Majestic trees, over one half century old were cut down, some three feet across. Note that these trees were cut before the developers received permission from the Towq~ of Southold to construct a parking lot. Note also, that a lush, vegetative canopy still remains which continues to help buffer the residential neighborhood. The buffer lessens noise from County Route 25 and helps screen residential properties from commercial properties. II) AN ENVIRONMENTAL IMPACT STATEMENT MUST BE PREPARED AS A MATTKR OF LAW BECAUSE THE PROPOSED ACTION "MA~" HAVE A SIGNIFICANT IMPACT ON TIIK KNV X RONM~NT. The record makes it clear that the proposed action "may" have a significant effect on the environment. Thus, an environmental impact statement is required as a matter of law. The State Environmental Quality Review Act (SEQRA) regulations make it clear that an environmental impact statement is required for the proposed action. 6 N.Y.C.R.R. 617.1 d) states: The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision-making processes of state, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the enviro~n~e~t, and if it is determined that tho action may have a s~gnificant adveree ~mpact. prepare or reaueet an environmental hnact statement page 6 6 N.Y.C.R.R. 617.7 b) requires that, for all Type I and Unlisted actions the lead agency making a determination of significance must: 3) thoroughly analyze the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; ... 6 N.Y.C.R.R. 617.7 c) sets forth the test for making this determination: Criteria for determining significance. 1) To determine whether a proposed Type ! or Unlisted action may have a significant adverse impact on the environment, the impacts that may be reasonablF expected to result from the proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These criteria are considered indicators of significant adverse impacts on the environment: i) a substantial adverse change in existing...traffic or noise levels:...; ii) the removal or destruction of large quantities of vegetation... v) the impairment of the character or quality of important historical,...architectural, or aesthetic resources or of existing COmmunity or neighborhood character; vii) the creation of a hazard to human health; x) the creation of a material demand for other actions that would result in one of the above consequences; Also See 6 N.Y.C.R.R. 617.2 for the definition of environment. The record clearly establishes that the change-of-zone would substantially increase existing traffic or noise levels, thus triggering criteria The record establishes that the historic, rural, aesthetic, and residential quality of the neighborhood would be detrimentally affected by the expansion of the Mullen Motors Corporation; thus triggering criteria S v). The record establishes that oversized car carriers rolling through residential neighborhoods and pedestrian-oriented hamlets are already creating a serious traffic hazard. Expanding Mullen Motors would exacerbate this condition more, thus triggering criteria Svii). Finally, the record establishes that a change-of-zone would create a "material demand" for more intense commercial development that would result in all of the above consequences, thus triggering criteria x. page 7 In sum, an environmental impact statement is required as a matter of law. It bears emphasis, that to pass a negative declaration, the board must determine that the project will not have any significant environmental impacts. 6 N.Y.C.R.R. 617.2 y) provides: Negative 4eclaration" means a written determination by a lead agency that the implementation of the action, as proposed, will not result in any significant adverse environmental impacts...(Emphasis added). It is clear from this record, that such a determination would defy the facts of the case. CONCLUSION There is no advantage to the Town of Southold what-so-ever in allowing this change of zone. Indeed, there are substantial detriments from both an economic and quality-of-life point of view. The record makes it perfectly clear that the proposed action will definitely have a negative and significant impact on the environment. Therefore, if the Board wishes to continue with this project, it must issue a positive declaration under SEQRA. We would recommend that the change-of-zone simply be denied based upon the clear evidence already in the record. Sincerely, cc: Town Clerk Town Attorneys Planning Board Town Planner Zoning Board of Appeals Trustees Code Enforcement officer/Chairman of the Building Department Nelson, Pope, and Voorhis Suffolk Times Times Review Suffolk Life Traveler Watchman Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 NELSON~ POPE & VOORHIS, LL~ CHARLES J VOORHIS, CEP, AICP * ARTHUR J KOERBER, PE ° VINCENT G DONNELLY, PE ~=a~v1~ , VICTOR BERT~ RE * JOSEPH R EPIFANIA. PE ' ROBERT G NELSON. JR, RE · CHRISTOPHER W ROBINSON PE OCT 15 i c)9 October 10, I999 Re: Mullen Motors Dear Ms. Neville: i am in receipt ora letter dated October 7, 1999 from Stephen R. Angel, a~orney tbr the applicant to your attention. I have reviewed this letter and the attachment from Dunn Engineering and offer the following comments: #3 The Dunn letter clarifies and provides operational details on how Mullen Motors will comply with the request that existing auto storage, parking and outdoor repair work on the west side of the Mullen Motors building be ceased. It is understood that garage access is needed and that activity on the Mullen Motors property will continue. It is recommended that outdoor repair work be ceased, and vehicle activ/ty be restricted to access to and from the site with no auto storage or parking on the road. #5 This suggested condition was directed toward minimizing impact on Cottage Place itself and residential areas south of Mullen Motors. It is understood that Mullen Motors will not use Route 25 for loading/unloading of trucks. It is recommended that Mullen Motors representatives indicate how truck movements can be conducted to not impact Cottage Place, and to restrict these movements to the minimum necessary to access the site with no truck activity south of the Mullen Motors facility. I have reviewed our file and found that the lead agency coorditiation letters cimulated by the Town classified the action as a Type I action. This classification was reflected in our letter review. Regardless of the classification, a Type I action means only that a Full EAF must be submitted, and that the action is more likely to require an EIS. In this case, a Full EAF was used, and the action has been scrutinized through the use of a detailed EAF Part HI. The Board may use this information to determine the environmental significance of the action and whether a negative declaration or positive declaration is appropriate. I hope that this follow-up letter is useful in clarifying these points. Please feel free to call should you have any questions. Very truly yours, NELSON, POPE & VOORHIS, LLC CHARLES J VOORHIS CEP AICP ' ARTHUR J KOERBER PE ° VINCENT G DONNELLY RE · VICTOR BERT PE ' JOSEPH R EPIFANIA PE· ROBERT G NELSON JR, RE · CHRISTOPHER W ROBINSON PE Gregory F. Yakaboski, Esq. Office of the Town Attorney Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 December 22, 1999 Change of Zone Review Proposal for Services 0.69 Acres Site, Main Rd., Mattituck SCTM No. 1000-122-3-6 Dear Mr. Yababoski: As discussed, this is a follow-up letter to identify the scope and cost of services in connection with the above referenced project. NP&V will peform the following services: 1. Field inspect subject property. 2. Consult office literature and map references pertaining to site and area. 3. Review Part I Environmental Assessment Form submitted by applicant. 4. Prepare Part II EAF identifying potential issues and mitigation. 5. Provide environmental planning review letter summarizing findings, environmental/planning issues, potential impacts, constraints and mitigation. 6. Prepare recommended determination of significance. outlining The fee for these services is $600.00. The review can be completed within approximately 4 weeks of date of authorization to proceed. ?lease reviewing this proposal and feel free to contact me should you have any questions. P/File: 99-584 Respectfully submitted, 572 WALT WHITMAN ROAD, MELVILLE, NY 11747-218B PLEASE NOTE: THE. .A CODE OF MY OFFICE TELEPHC, . AND FAX HAS BEEN CHANGED FROM (516} TO (631} EFFECTIVE NOVEMBER 1, 1999. ADAM B. GROSSMAN RECEIVED - Sauthold To~,m O~k December 20, 1999 Southold Town Board Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, N.Y. 11971 SENT VIA TELEFAX TO 765-6145 (Town Board), 765-3136 (Planning Board) and 427-5620 (Charles Voorhis) and by REGULAR MAIL Re: Application of Richard F. Mullen Ill and William H. Mullen before Southold Town Board for Zone Change CONFIDENTIAL Addendum to Staff Report by Valerie Scopaz, Town Planner dated December 1, 1999 Dear Members of the Southold Town Board and Southold Town Planning Board: I, along with Carolyn A. Zenk, Esq., am the attorney for members of Founders Estates who own real property in close proximity to the property which is the subjed of this application, and who are opposed to the above referenced application before the Southold Town Board for a Change of Zone. Attached to this letter is a CONFIDENTIAL Addendum to Staff Report by Valerie Scapaz, Town Planner dated December 1,1999 which was recently brought to my attention by my clients after previously not being disclosed to the general public. Regarding the failure to disclose to the public, the decision to make this a "CONFIDENTIAL" Addendum to Staff Report at any time from the date it was prepared and filed was a flagrant violation of New York State Freedom of Information Law. In addition, the attached addendum to staff report is devoid of substance, and summarily dismisses issues which have been brought to the attention of the Southold Town Board by myself and co-counsel related to this application. I would like to take this opportunity to refute the contents of the addendum. This addendum to staff report is intended to address the "Southold Town Vision" as it relates to this application, and quotes from the Final Report and Recommendations of the Southold Town Stewardship Task Force of June 1994, which states in part, "We believe that a better way of developinq commercial properties is by multiple small buildings in campus- like settings. With good site planninq and buildincl desiqn, this type of development would better fit the historic context of Southold 7' This paragraph, based on my familiarity with the Founders Estates section of Southold Town, sounds like a vivid description of the current Colonial Corners development which will most certainly be destroyed should this application be grcmted by the SouthoId Town Board. Indeed, the reference to "campus-like settings" hardly envisioned expansion of a business use directly adjacenl to a residential community. The quotes from the 1994 report by Ms. Scopaz simply re-affirm that the application before the Southold Town Board contradicts the "Southold Town Vision". What is ignored in the addendum is that the "opponents" are a residential community surrounding a car dealership which is seeking to expand it's business use with this application to the detriment of the surrounding residential community. It is the proximity of an expanded business use to a residential community which contravenes the "Southold Town Vision". To put it more simply, this is the wrong location for expansion of a car dealership, and is contrary to sound planning principles: particularly in a residential pocket of Southold Town. On page two of the addendum, Ms. Scopaz, in discussing the subject property, states: "The current petition represents a major expansion in terms of adding land and enhancing the growth potential of the Mullen Motors Company". As both Boards I'm certain are aware, the Mullen Motors location has requested expansion after expansion for decades, while violating the Southold Town Code on numerous occasions. As for enhancing the growth potential of Mullen Motors, this is precisely what my clients object to the most. It is my contention that a zone change is too broad a device and will in fact allow the applicant to expand their car dealership while they claim to only need a parking lot by taking advantage of one of the additional new uses associated with granting the requested zone change, and leaving the surrounding residential community unable to stop such an expansion. On page three of the addendum it is suggested that "the decline in the quality of the [Founders Estates] residential neighborhood due to the way the business [Mullen Motors] is being operated and fears that a physical expansion of that business will introduce a heightened level of intrusion...should not be perceived as insurmountable obstacles." This conclusion is reached without the detailed examination of issues associated with this application which would be provided if the applicant were required to prepare an Environmental Impact Statement. Any SEQRA analysis to date has failed to take the legally required "hard look" at this application. Additionally, the addendum fails to examine the other uses associated with this change of zone, and instead only addresses the "parking lot" option, when in fact numerous uses are available to the applicant which the applicant refuses to discuss, and which are not addressed in even a cursory fashion in this addendum. This addendum, in refusing to fully examine all uses associated with this change of zone application, and in failing to connect the granting of this application to the "Southold Town Vision", is rendered meaningless. Further, not one word is addressed to the traffic, environmental, noise, and other impacts this zone change application presents. Good planning requires detailed analysis of ALL issues associated with this application. It should be added that there is no detailed analysis submitted by either the Town of Southold or the applicant which even begins to adequately address the actual planning and SEQRA issues associated with this application. First, should the Southold Town Board fail to issue a Positi~'e Declaration and require the applicator to prepare en Environmental Impact Statement, any action taken by the Town Board will be illegal due to violation of the State Environmental Quality Review Ack Second, any action taken by the Town Board in granting the relief requested will constitute spot zoning. Third, should the Town Board require the applicant to file covenants restricting the uses of the subject property, they will be violating Town Law Section 262's uniformity requiremen~ previously outlined by Carolyn A. Zenk, Esq. in her letter dated November 22, 1999. Since that letter fully addressed numerous legal issues associated with this application, I will not address them a second time, but instead would advise both the Town Board and the Planning Board members to review Ms. Zenk's letter. [ would additionally refer both Board's to the Memorandum of Arthur DiPietro, E~q. d~.~ed November 9, !999. In conclusion, sound planning policy is being ignored in the advise being given both to the Southold Town Board and the Southold Town Planning Board. Without a complete review of the real issues rather than the applicant's spin of issues associated with this application, the Town of Southold will be left fighting a losing battle defending any action taken based on such flawed documentation. In the strongest possible terms, I urge both Board's to require further environmental study in the form of an environmental impact statement so the issues associated with this application are fully addressed. I further recommend denial of this application for the reasons outlined above. Anything less than proper SEQRA review and/or denial of this application will be the basis for successful litigation against Southold Town. ABG:ag Enclosure CC~ Carolyn A. Zenk, Esq. Arthur DiPietro, Esq. Elizabeth Neville, Southold Town Clerk Mr. Charles Voorhis ADDENDUM TO STAFF REPORT TO: FROM: RE: DATE: The Planning Board ~ Valerie Scopaz. Town Planner /,:~ Petition of Richard F MuUen Ill and William Mullen to Rezone SCTMt/ 1000-62-03-22 I and 23 I " From Residential-40 and Hamlet Business to Business December 1, 1999 Pursuant to your request, this addendum is designed to supp .ement the previous report on this matter, dated November 12. 1999 Specifically. the Plahning Board asked for an examination of the subject petition relative to the several and various programs and policies that define the Town's planning efforts Southold Town's "Vision". as stated in many documents and public meetings, some going back to the mid-1980s (prior to the adoption of the 1989 Zoning Map), is to preserve the small-town .qualities that distinguish it. These qualities are a result of' several factors, among them the distinction that is still evident between densely- developed hamlets and the countryside. Whereas most of the rest of Long Island is characterized as being a sprawl of development, Southold has managed to maintain the character of its individual hamlets and their respective business centers These business centers are not purely business in nature. Rather, like most small towns, the business centers grew around and from a core of residential, municipal and religious structures. Within the hamlets there are some dissonant elements, businesses whose location once marked the outer limits of'business development within a community, but which have become surrounded by a mix of'other businesses and residences Southold Town's hamlets are no different. However, since 1989, the Town has clearly stated that it will move to consolidate future retail business growth around existing business centers within its traditional hamlets. The following quote from the Final Report and Recommendations of the Southold Town Stewardship Task Force of June 1994 illustrates this Vision explicitly. The hamlets are the historic focus for residential attd business activi(y in $oUthold Town. We consider this to be a desirable pattern of development, which should be encouraged by allowing appropriate new residential and commercial developme.t in the existing centers. Itt order to facilitate this growth careful plannittg should be undertaken by the Town, xo that a rural, pedestr~ian oriented village quality, consistent with our history and traditional pattern of development. is fostered..... The blurring of the distinct/on between hamlet and cotttttryside should be avoided as a priority. (Chapter 5. The report goes on to note (in a discussion recommending against strip shopping centers): [be beheve thai a better way'of developing commercial properties is by multiple. small buildings in a campus-like settings. W~th good site t~lanning and buddtng desigg*, this type of development wo~dd better fit the histortc context of Southold. (('hapter 5 P 63) The report went on to suggest that all business zomng on CP. 48 be removed or at the least, confined to existing developed lots currently in business use The Town Board recently retained a consultant, who studied the CR 48 corridor in conjunction with this and other Town vision statements or planning policies in October of this year, a number of rezonings were undertaken which had the net effect of reducing the overall amount or intensity of business zoning on CR 48 '['he petition involves two lots with different zoning designations The southernmost parcel is zoned for single fa/nily residential use It has remained vacant these many years, no doubt because of the intensity of the adjoining business uses to the west, north and northeast. Its is fair to say that given how this hamlet has developed, its desirablity as a home-site has been compromised. The petitioner proposes to use the property as a parking and car storage lot, which properly buffered with sufficient landscaping, would put this land to productive use other than a vacant, litter-strewn lot The Hamlet Business zone. which is the zoning of norxhernmost of the subject parcels, permits the most intensive of retail uses, including that of fast food restaurants, which are known high-traffic gene. rators This lot is already developed and in a manner which the Town wishes to encourage. The site contains a former residence and barn that were modified to contain small shops and professional offices. Additional small structures were added to form a small cluster of businesses that manage to retain the residential flavor of the original home. This particular business center complements the existing residences along Main Street. some of which are of noteworthy historical interest and value The petition to the Town was quite specific in stated intent: to permit the continued expansion of an existing business dating to 1927. As noted in my earlier report, the Town has a long tradition of permitting this business to expand its operations and has granted that permission in a series of site plan approvals, variances and a use variance. The current petition represents a major expansion in terms of adding land and enhancing the growth potential of the Mullen Motors Company. Granting the petition may seem a contradiction in terms. Indeed, opponents have averred that allowing this business to expand would generate such negative impacts on the surrounding residential community as to destroy the very character and fabric of this pan of the hamlet. If this petition involved vacant land and a proposal to construct a modem car dealership, then I would have to agree with that assessment However, this petition involves a unique situation and circumstance The site is mostly developed, albeit in a somewhat haphazard way. However, it contains elements of adaptive reuse which the Town wishes to encourage..~nd which can be used as a foundat~,., for the continued expansion of this business From a design standpoint, the petitioner's use of the site is less than optimal there are alternative ways of using the existing parking fields and of landscaping the site that would work to mitigate and minimize some of the negative impacts the current operation has on the surrounding community The addition of the two subject parcels to the equation, as it were, would make it easier to re-design the operational use of the overall site. Underscoring this analysis is my understanding that the petitioners are willing to work with the Planning Board during the site plan review to facilitate the best possible combination of operational, layout and landscaping changes so as to minimize the business' impact on the surrounding residential community Also, that the petitioners are ready and willing to redress past violations of previous site plan and variance approvals; some of which seem to have come about in a desperate attempt to handle increased business within limited qugvters if such is the case, then the Town and the petitioners have a unique opportunity to guide this company's physical expansion in such a way as to redress some serious traffic, lighting and parking problems and ultimately to become an asset to the community At the heart of this analysis and recommendation is a concept which bears some explanation The opposition of the community is perceived to be based on two things: unhappiness with the decline in the quality of their residential neighborhood due to the way the business is being operated and fears that a physical expansion of that business will introduce a heightened level of intrusion Their concerns are valid ones, but in this instance, they should not be perceived as insurmountable obstacles To explain: for a decade now, the Town has worked to maintain its distinctive character through a series of actions, each designed to deal with a specific problem. For instance, it has eliminated strip sllopping center designs from its zoning code; it has prohibited the construction of commercial buildings in excess of 60 feet in length parallel to the road in order to preserve vistas and encourage buildings of a mass and shape complimentary to its existing architectural heritage; it has eliminated the use of interior-lit signage fi.om all but Hamlet Business di~dcts. Sevexal million dollm-s have been spent ~nd are proposed yet to be spent to preserve the agricultural land around each hamlet. The Town has pursued this path knowing that the accommodation of future business growth within the existing hamlets was going to take a great deal of creative design and compromise. DEC-20-1999 16:1~ 516 425 12S? W.~lxl~ NF~ .m.,nN, PI~PI~ ~ VOORHI~, LLC FAX COVER SHEET To: Orcgg Yakaboski Phonc: From: Date: Re: No. of Pages: (including Cover) 765-1823 Chic Voorl~is Dcccmbcr 20, 1999 Mullen Motors 13 Comments: Crregg, I received this in thc mail today directly from Arthur DiPietro. I noticed that the Town was not carbon copied so I am sending directly to you. Mr. DiPietro has asked me for certain information directly. I beIieve this is inappropriate as all correspondence should be through the Town. Would you please contact DiPietro and advise accordingly. Chic. l ~ Board, or a~ other Tbwn of Soutb~ boaid or agency in coxmecflon with this mater .together with all relevant data bimed, in w~_o!e m or in p~.~ and 516 4~5 ~ITTOIIfl~'Y r~ ~OVM~ELLOI~ FIT FOaT~ One ~v~ RYenVe ~31.~aa.azoo A fax zaa.az~z FROM: DATE: November 9, 1999 Th~s do~;?-qt, to be ~ part of the .~a.~ p',~#e hearing record tn connection with the above ~0c~ced .han~e c~ zone a~caflon, is not tnte~_ed to be a enou~ at mo~e ~ date for such a doc~,ment shoukl litigation prove to be the only to date/n support of and in oppe~tion to l~_,~=~. Mullens' petition fo~ a change of zone. 2} Zoning Code and ~,.,~i._. Study provaaons relevant to your 3] Legal p~a~ples n~tedal to the ,,,,~tt, or ~--v of--,~.; of a gt~en chan&e of zeae a~aplieaUon; and DEC-~0-199D 16:16 There are four [4] ~uflal ck~-~;~..nts at the core of the m~/er. They are as follows: 1] EAF Review ~ by NPV for your Boa~l and dau~ 9/10/97; 2) EAF m, prepared I~] petition_rs' agar, dated April 1999 and fl~d with thc Town Clerk on 4/23/99; 3] NPV ~pon~e m saki EAF III dated and filed 5/24/99; and ~) Pmt~t Petition filed by Carolyn ~. Zenk, Esq. Under cover d letter dated ?/~/eT, ZONING AND ~ 1~OV~IO1~: Code Section 100-90 PURPOSE {HA/~T.~I' BUSINESS] states: ~ ~ 1~1~ ~E {G~ B~] ~: a] ~ ~ ~ n~ dmo~: DEC-20-1999 16:16 INOTE: in 1999 very ~ew,/f any, customcm w~k ~o a car ~1~, e/the~ for purdm~ or Code Scc~c~ APPENDIX - BUI~ SCI-IEDIX.E pro. des fc~ C, eneml Buslne~, a~ follow~: - 100/cet or a~'~g¢ of existing adjacent ~,t Back; - 25 ~et/50 fee~; - 35 ~et; 100-13 DEF~O~ l~ i~ ~ "AU'I'OMomr ~- SALES ~ OR BtTM'r~ING - A lotor h,,n,4~g used for the ~,,, or hh~ of aut~mohile equf~= /EMPHASIS ADDED]. Section 100-191 - OFFS'II~,EEI' PARKING pro. d,'% Imrt: bl . The Plannlrg Boani may waive all or a por~J~ of ~hese ADDED}, Schedule at ~ 10107): "Motor vchidc.., selcsroom ce outd0or sales lot- 1 per each 600 DEC-~0-1999 16:16 '. · · to en~ t~nt eeonon~e a~tv~ take plaee ia de~-at~ the~by ~ t~e ~ ~ tae Town% ~-,-~et eentexs. ' {E~mF.A~S ADDED}. 1} A change of zone hms with the land and Is not pefslmal ~o a gtve~ 2} A change of zone involving only one owner and one panel of land often eonstmttes ~ ~ot --_-~-g .e~o"y where such change Is not part cf an evolutionary lzend ~/a neighborhood i~ u~--~-~n ~co~-d by the mun~pal~s c~nl~rehensive plan or n~xe ~cent ~m~,~. studies, or the applicanz is a 'good' l~O[~t'~ owner. 8) A change of zone involving a plea by the Petitioner that he has no i~__~__tion of tnl~._~ advantn~e ~f the plethora of new uses available in the new [downzoncd] ~tion and that he will ague to an ef'~417~'n ~ of convcrmnUs and re~-lcttom ~h/ng his use and enjoyment of the ~ceast%fll~ attacked by either Uhe citizens in oppostliorl or hhe Petl~Ymer himsel/. A DEC-~O-1D~9 16:16 41 e~npmhens/ve land use plan of the municipality. It cannot be COV-Sd,'~I in a v~uum. It must be vimve/l relative to what else is ~he~_ ,~g con~d~_~ed by the municipality, in distant ns well ns adjacent zoning use d~,/cts. Al1 have an impact on each other. The State Enviz~nmenmA Qt,~ity Review Act {SEQI~ recpJh~: d SF_~ fln-ther ~ that it '~atd look' be tnk'm, both by the petitloner and bythe municipality. Ct~sory, ~-~elu~ff, self-servtng mvtronmontal asse~ments cormtitute gisftng d,'~'~ in ~ publ/~ ~ just scxeaming for a court to set aside the determ~/on. 11 ~ SEQRA ~ is not complete. T~e FAF m ~ 41231~9], and sub _,~tted by a cons~ltam/a~nt ~ and raid by Petflione~s, is ,%4~_ _-4_,~t on its fa~. It Is c~duso~ and self se~lng to the l~int of ~5 d~ensi.ve and This ts a Change of Zone appl~-~q. For Petitioneffs eonsttttant to w~ly state r_hnt tT~ Coill~i~lt9 ~z~ ~ to ~pixlg h~mu~ no Other Chlix'~ ~ propped ~ e/th~ a total l~ranee of the law or a e~nplete disregard for the duties of the Town l~d. DEC-20-1999 16~17 Having securdy placed foot in mouth, thc author of the EAF m proc~e~ to gag on b. er toes. Inc~d~, she states at page 2 thereof that the Board need not cons/da- This is not a use vl~nnoe applienlion I:~e~ the Zoning Board of Appeal.~ {Tile Applic~nm have ah~ ~and nimaed one of thoae], This ia not a ~te plan review by the Plnnn/ng Bo~u~L ~ is a e~e o/zone. ~ is not speculative. Furthernln~, notbtn~ is ~d~,-,~l in the FAF I~ to mitigate or ir~ure against the likelihood o/any su~.h ftmire actions ~,~m~,,~ into e.~istenee. We rare told mete. ly that the applicants nxe good guy~ and we should trust them. That is not the lawi 21 The Boa~l must is,sue a ,_,j~at~e declaration and require a full Environmental Impact Statement {EIS]. ~ t5/~/99l advised thnt the Boavi cannot i.sw~..e a negalive d~-~sration with condlfi/ms. It further advised t~at the FAF II was de//cient. No ~ has l_,~n forthcoming frnm the Petitioners to atIempt to cure these dc~ects. ~ sia~ed at page 6 ~f its 5/114/99 review that: ' If ~here a~e one ~r m~e key iml;~ tha~ are not mitigated, the Board would retain th~ OlXton to iw~ek a ~m.,~ dratt ELS.' The failure or refu.sal of the Bon~l to exercise its stated option is verse artitra~ and capricioua. We~ I counsel to the applican~ I would d~,msnd that they vduntarily tc~-l~re and ~dnnit such a document to a~-~te the inte~'itY 0~ the record- 6niln to p~y mm~ that ~itaory a~t~ntlon to acts o~ llgttgaflon. I~.~-nm.nl~.~ of stich items that ~ho'~dd be n) ~ to Loeu~ Avenue; DEC-20-1999 16:17 bi relocation of existing build/rigs on Colonial Comers; restr~Lon of commerc~ ve.~!,',b,q {extept faf locsl r'~e.--/es) on Co,age PLace and L~-ms~ Avenue; e! mconflgamfion of all p~/ng ~t parking at Mullen Moto~ to maximize ~ and pflh~m~2 ~mg=~Jn of im[2c~ on the adjacent z~ae~.~l -~-m~mtty; and car invent~ {sales lot - a panc/psl use) as opposed to the flint needed for cusmm~/pmployee par~4~5 {an ac%~a~ the re_~ consulting engineer for the ~m~=ge of r~O way th/s lnost disa2trotls chf121ge of z/ale woLfld ~ 4. No aXter~A,~e~ to file project have ~ p~oflosed, discussed or ~ It wo~ld scc~ q~t~ ~ .v~ ~0r M~,11~,1~ Motor~ to 13~ i~ ~te~ and eat it too and back up inventory stora~ ~_,~_ s, It would be ~-q expensive {-_~ t~sflmony of Richard A. Wtn~ on behalf of Mull~ before the ZBA of 3/5/87). It would be more atavist. Most lntell/ge~t, forwant thinking busine~, now have front-office, showroom location~. M~t lmportmltly, it would be more a appropriate land u~ and it would r-u__~e ~ Board of being asked to approve an illegal change of ~one. 5. Covenants and restrict/mm w/Il not he sufl~leflt to hold the applicant to its wo~ and prcvent future violations and abuse, To keep the horse in the barn on thLs top/c would ~-quire a se~ of cove~anm so extensive and pervasive as to s~L'fl/ze the County Planninf Commlmian (11/3/09] would have to covert.he e~tire Mullen si~e. Yet, the M-ttm~t$ have maintained a checkerbi~a~ {single and sepacaM o,~-~ersh/pJ and look to con~Lnue to do so on the subject premlMs. DEC-~0-1999 16:18 The Cottage Place parldrg lot is illegal. It is an acec~,ory use [cu.stomer/cmplolec parkirgl ~,~,,~i~i alone on a pat~l fl~at has no principal sUatcmre or it is a prindpal use {outdo°r sales lotl that violate~ all ~f the set t~ck and lot coverage/~p/ng tequila'hen,s of the cede. Th~ cnfl~e situa~on is a ~. I~ ha~ ~ so foe Lw~lVe yearn. I~/~ gettir~g w~e. 6, The Boani is currently ia the process of mapp/ng a vision for $outhold for the next centu~. As I underamnd it, that v/sioo has three [3) component pa~s. They are I~-,-~-t f~ge a~s as r~,~vers of uses now tho,,sht I do not expect M~n Motors to pack up and leave l~k, stoclc, and banv. L I do not e~pec, t its showroom to he converted into an antique auction barn, a b~__,-h ~,,m p,~e,,ve shoppe or a boutique for the sale c/Founder's day doilies. However, neither do I colo,~t~! home into a ~ shop 8piling hubcaps, continental kits and aheckered d/ce to adorn t. he rear view mirror of a 2000 l~wler. One of the greate~ e~_;ml~ of hamlet pedesIl'lar~ f~mdly ~ ~ld the ~ working relationship bere~e~ traditional ll~sidear~l neighborhoods ~nd town Ma/n Smut b~,_-~_~_,-~ is the blackWp was~and m,~,,que~di,~g as a park/rig or outdoor salc~ lot. Any ??ming c~msulUmt worth his or her ~ and sensl~ve to tr~mtlorml nixed-uae communities ahhom thf.~ sterile vacuum, devoid of human pre~,-r~ce, with its al/on ~ light stanchi~ms b,,~i'~g out rays of blue and orange glare. I would rather walk by a fi-icndly country burying ground. 7, On a n~ofe pede~ vetrt (pun lrite~ded) I take this opportunity to l/st, per. ps recapitulate, several compelling reasons to deny this application. They are as follows: DEC-20-1999 16:18 516 4-'5 9 the applicant comes to thc ~ with unclean hands, tmv~ng ,~i1~ to comlty ~rlth ~ conditions o~ 5~t~o~r~ p~'~t~y im~:~MKI, by t~e ~ and the ~ ]~mni~ bi the ~t has failed to offer attcrna~ves to the project, incorpora~ ac~ of ~ ~.a~ ~t m not wn~'~g apt~:~tton for a u, ge varlanc~ to the ~ {unl~m, of coupe, he has some untold secret h~tu~e ~,,*m for ~ property]; the ~mrct h~s failed to cormidcr th£~ appU~atton in the context of cempre, hcrmi~ ~""~ has ~fled to addre~ its relatiormhip to the proposal zezoning of Rt. 48 and ha~ ~n~ to reciuize the appl~_ -t to ~ to the conOguS ~ by NPV on 5/24/99; the cit/zems in ot:~oe/~ have filed a p~otcgt petition, requiring a suer majority vote d the l~m~d ~s t~nt=t out by ~ounsel fo~ the apptteant on behalf o/cUents ~ the Rt. 48 rezoning; there ha~ b~.~ no tmlancing of the equities be~'we~ the demand~ of the Pet/t/oners and the ge~u/ne needs and ~on~t~ts of the to grant the ap.,,~'~on would constitute illegat spot and/or __~__~aet zoning; to grant the clumge of zone would violate the c/vD. rights and prot~-t~ xtghts o/Rtdmrd Frederick ~n~ Ge,Vie ~ and e~Me the TOV~. of 5OUthOld ~tld it.9 l.~-,~t~e~e~mtiv~ to 13or.h/x:tmpmtl~tt~'y ~Ml exempla~r a=~=g~. DEC-20-1999 16:18 It is absolutely ~enfial to the continued in~g~ity of the Hamlet zone a~d the continued vflal~y of rural small town hamlet centers for the pe._~l!~g challge of zone petition to be ~ Gran~d M1Jllen MI)tots ~ ~ at it~ pll~t Il)cation since the invention iff thc hornless ~. May they z~nsln miff the Wanspor~r room :eplaces the car and Scot~ beams u.~ all to and from ~xtwcr we nC~! to go. However, nlay they l~rn~in a traditional ,'~ t~ c~ ,~,~1~ ~ not Big ~n. I~ they want to be B/g M~EM~, th~ sbt~,lrt go, at l~t ~ ~ ~ ~. ~ 8o d~ ~ ~ ~ ~ ~ tou~, ~ 8~11 ~ a~ ~d, ho~y~el~~m~t,m~~~'~ ~n° ~t ~ ~ R~ ~ auto ~. ~M~ w ~ ~ AuW ~, ~ ~ it; ho~, ~ ~t ~ ~ to b~ ~ ~ ~w ~s~ ~ R~, Sou~oM j~t ~0~ ~ ~. Do not allo~ the PAC-MAN of blind o~,~,,~,,~1 ambition to chew its way into the ~,i,n,,~l s,~ou mixed tree and residential commtwi6_~_ that make Southold END TOTAL P.13 RECEIVED DEO I 3 1999 Southold Town C1edr Mr. Stephen M. Jones, Dir. of Planning Mr. Gerald G. Newman, Chief Planner The Suffolk County Planning Board H. Lee Dennison Bldg. Veterans Memorial Highway Hauppauge, NY 11788 Locust Lane Southold, NY 11971 December 12, 1999 Re: Application for Change of Zone involving SCTM# 1000-62-03-22.1 and 24.1 from Residential & Hamlet business to General business located in the Town of Southold, Suffolk County N.Y. Dear Messrs. Jones & Newman & Planning Board Members: The Founders Estates Residents, Tax Payers, and Plaintiffs against the Mullen Motors expansion are very dissatisfied with the November 3rd recommendation to downgrade Hamlet and Residential property for exclusive car dealership use. Car Dealerships or any General Business use in this locality is totally objectionable. Please revise this recommendation. It does not address the issue. As explained to you in our October 18th, October 25th, and November 1st correspondence (both by letters and telephone conversations) A CAR DEALERSHIP/REPAIR FACILITY is the very use to which all objections are directed. How could this be considered an appropriate recommendation? Car dealership/repair facilities head the list of USE-INTENSIVE BUSINESSES which are totally incompatible with residential neighborhoods and pedestrian oriented hamlets. Under the Southold Town Table of Uses, a Car Dealership/Repair Facility is allowed ONLY by SPECIAL EXCEPTION in a general business zone. This SPECIAL EXCEPTION requirement, makes the November 3rd recommendation doubly objectionable. Enclosed, is a legal brief by Arthur DiPietro that may throw more light on the subject and help the SCPB to reevaluate and to rectify this most misconstrued recommendation. You have already received Carolyn Zenk's November 22, 1999 brief on this matter. We appreciate your reconsidered input and look forward to your earliest reply. Yours truly, ',.--JU'l ie Sanford cc: Southold Town Board Southold Planning Board Dr. Lee Coppeiman North Fork Environmental Council Melanie Sanford Locust Lane Southold, N.Y. 11971 Mr. Vito Minei Suffolk County Dept. of Health Services Office of Ecology County Center Riverhead, NY 11901 December 8, 1999 Dear Mr. Minei: As a follow up to the Peconic Estuary public meeting (Oct. 28th) and our phone conversation Thursday (Nov. 4th) I would like to submit to your attention some of the concerns we have with the proposed expansion of Mullen Motors, Inc. in Southold. Please incorporate these concerns into any recommendations you may have for the Town of Southold--be it environmental or land use. As you can see from the map, Mullen Motors is located within the Peconic Estuary Study Area, ONE BLOCK FROM A CRITICAL HABITAT "HOT SPOT". The configuration of the land, south pi Rte. 25, that Mullen Motors has paved and misused runs down hill into Town Creek. This area has been identified as one of the Critical "Hot Spots" on Long Island where fish and wildlife eat, nest, and breed. A green slime from automotive chemicals is carried in this macadam run-off that contaminates neighboring properties as well as the creek. In their October 28th presentations, both Matt Sclafani (NYS DEC) and Rick Balla (EPA) mentioned the importance of land use management. Both speakers suggested that every Town in the study should be extra careful with the land uses situated next to waterways because these uses directly impact our creeks, bays and beaches. When asked how we might achieve this goal, Rick Balla held up the example of East Hamptons' harbor overlay plan. The plan implemented by East Hampton targets all land uses one block away from the water. Strict guidelines on commercial expansion, paving and chlorinated water disposal were implemented and enforced for the benefit and protection of the whole community. Excessive paving and unbridled expansion near delicate water systems is a leading cause of pollution for our creeks and bays. This is the very concern we have with Mullen Motors. Having granted Mullen Motors expansion upon expansion, the south side of Rte. 25 in this area is fast becoming a sea of macadam. The dangers of asphalt, as an unregulated toxic substance, can be substantiated by any waste management professional. In the Nov. 18, 1999 issue of The Suffolk Times (please see enclosed) the DEC confirms the dangers of asphalt and its toxic impact. It is a Iow grade mix of scrap materials and highly toxic to the environment. Permission to macadam the road by Silver Lake was denied by the DEC because of it's close proximity and polluting affect to Silver Lake and nearby marshes. Why then should Mullen Motors be allowed to continue on this destructive course of paving and expansion in a fragile ecological area? Gayle Mariner Smith, PEP coordinator, brought up the dangers of old oil drums. With 14 site plan violations on the Mullen Motors dealership properties, many people also wonder if old oil drums might still be buried there too. Our awareness has been raised not only by the oil drum fiasco at Mitchell Park in Greenport (see enclosed articles), but the documented oil plume flowing from the gas station on the corner of Youngs Avenue and Rte. 25 into the Town Creek. Over the years, the DEC has the ro ress of this plume and sprinkled o eat ng crystals into the creek monitored P g. ' ' ed even eliminated) to break up the spill. Future problems ~ke th s cou d be m~n~m~z ( if restrictions were placed on heavy land uses near delicate waterways--this includes Mullen Motors. As part of the final Estuary Report, please underscore the importance of Land Use Management. While we are spending $250,000.00 to improve the quality of our road water runoff, land uses that blatantly contaminate or whose waste products are hazardous and difficult to monitor should be discouraged from setting up shop near bodies of water. In the Nov. 11,1999 issue of The Suffolk Times (please see enclosed) 4 creeks were examined by the DEC and one got a poor bill of health. Town Creek was not mentioned at all. The west side of Jockey Creek in Southold has been closed to the public. We are all familiar with the disastrous excavation project that took place on Oaklawn Avenue tor the new middle school. Land, located 1 block away from Jockey Creek was cleared for a parking lot and new school. Residential homes adjacent to the project (and 1 block away from Jockey Creek) were flooded with runoff. Silt and sand streamed into backyards, cellars and swimming pools resulting in legal proceedings. It seems logical that all the silt and sediment that flooded residential properties, ended up in the nearby creek. Alter this flooding disaster, it comes as no surprise that the DEC found Jockey Creek to be unhealthy and officially closed it to the public. Again, land uses close to delicate waterways need to be regulated and monstrous expansions of concrete and macadam need to be curtailed. The idea of a Mullen Motors expansion, 1 block away from our Town Creek on a steep gradient that flows directly into our bay is outrageous. It is a textbook example of poor land use near our fragile estuaries. Immediate steps should be taken to halt any further expansion of this operation--while there is still time. Yours truly, Melanie Sanford cc: Southold Town Board Steve Jones, Director SCPB Dr. Lee Coppelman, Exec. Director LI RPB Gayle Mariner-Smith, PEP Coordinator Kevin McAIlister, Baykeeper SITE PLAN VIOLATIONS 1. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only. Fact. There have been over .]5 cars stored there overnight. (1 violation). 2. A 165 ft. long grass buffer. 10 ft. wide with 27 six ft. hemlock trees was supposed to separate the neighbor's valuable property from the car dealership. Fact. No 165 ft. long grassy buffer 10 ft. wide has been planted. No hemlocks trees have been planted either. (2 violations). 3. A 60 ft. long chain link fence along with 60 ft. of Iow growing shrubbery was to be installed and planted on the east side of Cottage Place to shield residents from dealership operations. Fact. The fence has been taken down and shrubbery ripped out. replaced by macadam and parked cars. (2 violations). 4. Two 12 foot wide gates were posted on either end of the Employee Parking Lot to control the ingress and egress of car,n. Fact. The gates have been removed, replaced by multiple car access. (l vlolat~on). 5. "Employee Parking Only "signs were supposed to be installed in E:mployee Parking Lot. Fact. They have never been installed. (1 violation). 6. The chain llnk fence encloslng the Customer Parking Lot on the Main Road, should run from the video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet beyond the property corner stone. Also, the lot designated for Customer Parking and Dealership Sales. only has Dealership cars parked on it. (l violation). 7. No vehicles are allowed between the addition and forward to the north front property llne. Fact. Vehi¢le~ have been parking in this prohibited zone. (I violation). 8. Unshlelded flood lights and glare visible from adjacent properties, not approved by Code. Fact. Dealership has insufficient shielding on flood lights creating glare and light disturbances. Town Code 100-239.5 states, "All outdoor lighting shall be shielded so that the source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." The Neighborhood currently tolerates excessive light and glare from these intrusive flood lights. (2 violations). 9. Bubble showroom at the front was to have grass only between it and the Main Road. Fact. Dealership added 2 concrete pads in 1989 violating the Site Plan. After getting a hindsight okay from the ZDA with a 1994 Area Variance. the cntlre front landscaped area was macadamed over. This action violated the Site Plan once again, as well as the A~ea Variance granted to the dealership on Sept. 26, 1994. To date. neither violation has been addressed.. (2 violations). 10. Sufficient visibility should not be adversely affected. Fact. String of cars parked on macadam in front of bubble showroom adversely affect the visibility of drivers exiting Cottage Place onto the Main Road-- an accident waiting to happen. (I violation). Total Number of Violations=14 S.T.O.P.--Watch Souihold Town Organization for Preservation--Watch P.O. Box 1445, Southold, N.Y. 11971 Information PUBLIC DOMAIN gathered from Sou~hold Town Planning Board and ZBA files. Run-off & Erosion from Mullen Motors onto Hobart Road & Town Creek Peconic Estuary Program Critical Habitats 4S ~st o~ ~thcr the dl which es ~g otherS lOSt Or of this -all the ading. ch haS r the Peconic Estuarf Program Draft CCMP ~ September 1999 './ Figure 4-1. PEP Critical Natural Resource Areas (CNRAS). FOUR ER F~ 4-5 · Dumping: remedy: paving'?. More cars is exactly ',','hat the board would like to see on Monsell Path near Silver Lake. The dirt road attracts illegal dumping, v.;hich the board has struggled to contain. Vide..._~_~o cameras posted on the path haven't ~, 'S~' Mr. iMllls_asked~ 'S'~d N~)i~S, pag~ 33 Village Hall Notes.. ·-,-From page 21 department head Bobby Peterson about possibly paving the roadway. "You get more traffic on there and you'll eliminate all the dumping," said Trustee Mills. Former trustee John Costello once p0shed for the same project. Mr. Peterson said. and was told by the state Department of Environmental ~r Conservahon that asphalt tn the low- [._~ng area may introduce oil-into tlVe marsh aroun__d Silver La~ hir, h wate~r. Mayor Kapell suggesteG~ that something other than asphalt might work. "Even if the I~.C re.lec-t ~ th..q~dea~o f .~ m,,aybe you could discuss alternatives, he said. "Maybe blue- stone or beachstone." ~ · Tug o' war over No. :3 field County government was the target of village government ire at last Thursday's meeting, when Trustee Mills referenced a letter .from the county health department to towh water and sewer utility head Tom Cybulski. Seems the county wants the village to shut down its No. 3 pumping station on Moore's Lane. a request the Suffolk County Water Authority made in February. The water authority which is not a county.government agency has well fields on property it recently pul:- chased adjacent to the No. 3,pumping station and apl~arently doesnt want to share the water there with Greenport. The village isn't using the well but still likes knowing it can pump the water should it need to. "This tO me was t~ big red flag, that the health department and the water authority are talking," said Mr. Mills of the health department's letter. "Now another branch of county gov- ernment is coming back at us and telling us that if we aren't using the well, discontinue using it." Creeks... ~,~Frorn page 4 such work done there, said one town official. "I think anything that reduces storm water has an effect on water quality," said town administrator Jim clams he hasn't dug yet because of the seasonal closing there. And it's unlike- ly the creeks could close 'again right away. "One bad number doesn't mean they will close," said agency spokesman Dan Lewis. "[The col- iform] has been decreasing for some time," in. the opened creeks. McMahon. who oversees such pro- Jec's."Bu'alotofithastodowith Budget other changes that may not be noticed." - · Like a resident along East Creek who'stopped feeding the geese and- waterfowl that congregated on her lawn in increasing numbers over the years. The animals are gone and East Creek is open. but it's impossible to pinpoint the reasons why, Mr. McMahon said. It could also be where the DEC takes its measurements. Road runoff. nesting swans or even pet geese near a sampling station can close a creek. "It would be nice to think that it's the projects we did," Mr. McMahon said of the basin installations. "They do, probably, fairly significantly re- duce the amount of bacteria going into the water, but that can get offset by a pair of swans." So get rid of the swans? That may not be necessary. It's believed the cause of shellfish poisoning is human, not animal, coliform bacteria. And there's been some ingestigation by Cornell Cooperative Extension in Riverhead to see if DNA can't help identify what kind of bacteria are befouling a creek. Mr. Polywoda said he expects Goose Creek will yield some soft shell l Mr. Steve Jones Director of Suffolk County Planning Dept. H. Lee Dennison Bldg. Veterans Memorial Highway Hauppauge, NY 11788 Melanie Sanford Locust Lane Southold, NY 11971 November 1, 1999 Re: Application for Change of Zone made by Richard F. Mullen Ill and William Mullen involving property located in the Town of Sothold, Suffolk County, State of New York, SCTM# 1000-62-03-22.1 and 24.1 Dear Mr. Jones: On Thursday night, (October 28) I attended a public meeting of the Peconic Estuary Program to discuss the findings of theirCCMP. The topics discussed were very pertinent to the Mullen Motors expansion decision. Contamination from road run-off into our creek and bays was a paramount issue. This run-off pollutes, degrades and destroys our fragile marine habitats. As you can see from the enclosed maps, Mullen Motors is located within the Peconic Estuary Study Area, ONE BLOCK FROM A CRITICAL HABITAT "HOT SPOT". The configuration of the land, south of Rt. 25, that Mullen Motors has paved, runs down hill into a fresh water pond and Town Creek. This area has been identified as one of the Critical "Hot Spots" on Long Island where fish and wildlife eat, nest, and breed. There is also a green slime from automotive chemicals in this run-off that contaminates neighboring properties as well as the creek. Many people also wonder if old oil drums might still be buried on the Mullen Motors dealership properties as was the case at Mitchell Park in Greenport. At one time there was a laundromat in the Mullen Motors building on the north side of Rt. 25. The water from this operation flowed into the underground area aquifer and brought soap suds into the wells of homes as far south as Korn Road. For obvious reasons this is the wrong place for an ever-expanding Automotive Service and Repair Car Dealership. Please incorporate this information into your recommendations to the Southold Town Board about the proposed Mullen Motors expansion -- an expansion that should be denied. Thank you again. Sincerely, Melanie Sanford NOte to .acaring community LETTERS 8 · The SCfolk Times.' December 2, 1999 Af ushed again Cutchogue Dear Jeff: Just as we start to feel rested after the Route 48 zorte change marathon and the endless debate over how best to preserve the qUality of the hamlets and the viability of hamlet business we run smack into another ambush. First, the recommendation from Suffolk County Planning that the Mullen Motors zone change request be approved with conditions. SCP suggests that changing the Colonial Corfiers tasteful array of shops from Hamlet Business to General Business is a justifiable move if the only Gen- eral Business use allowed is that of an automobile related business, in other words an extension of Mullen Motors. VisUalize it, 675 feet of showroom, parking lot and fluttering lines of banners and reflective pennants and the obligatory billboard of the scant- ily clad maid exhorting us to take ad- vantage of the deal of the day. Is that preserving the viability of the ham- let? We don't think so! Simultaneously the Department of Transportation (aka the Colossus of Roads) is planning a grand upgrade of Route 25 in Cutchogue and Southold. With a number of new drainage sumps (for what appears to us to be nonexistent water) and yel- low zebra striped median dividers and eliminated roadside parking to allow space for a plethora of left turn and right turn lanes, it appears that the ln~tianapolis 500 straightaway sans p~t stops was the model for this "mprovement" Certainly they should eliminate at least one sump and use the area for the interment of flattened cyclists. - With Route 48 designed and built to be the straightaway for east/west traffic and Route 25 designated the shoppers' road, where is the logic to this plan? Traffic calming is the mantra among planners as well as the desire of the scenic byways study as well as of all the hamlet merchants. We suggest that the DOT fund the rebuilding of the Brush's Creek · bridge and do something useful with the money, and that they study our history and possibly even visit our town and meet with our planners be- fore recommending expensive rever- sals of progress. Howard Meinke, president North Fork Environmental Council ~'~ ESSEKS, HEFTer & ANGEL RIVERHEAD, N.Y. 1190t-0279 December 7, 1999 WATER ~V~ILL, N.Y, 11976 (516) 7 ~6-6633 Jean Cochran, Supervisor and Members of the Town Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Richard F. Mullen, III and William H. Mullen for change of zone- SCTM Parcels 1000-62-03-22.1 and 24.1 Dear Supervisor Cochran and Members of the Town Board: As you know, we are the attorneys for Richard F. Mullen, III and William H. Mullen who have petitioned the Town Board for a change of zone for Suffolk County Tax Map Parcels 1000-62-03-22.1 (parcel 22.1) and 24.1 (parcel 24.1). The petition seeks a change of zone from Hamlet (HB) District, as to parcel 22.1, and Low Density Residential (R-40) District, as to parcel 24.1 to General Business (B) District. The property is located on the south side of New York State Route 25 and the west side of Locust Avenue in Southold. On behalf of our clients, I wish to confirm that the applicants have voluntarily modified their application to incorporate numerous mitigation measures into the project design. I advised the Board of this modification at the public hearing held on November 9, 1999, and am now taking the opportunity to confirm it in writing. The application should be modified to include the following: 1. Applicants have agreed to install and maintain a 25-foot buffer along the easterly, southerly and southwesterly sides of the proposed parking area for parcel 24.1 and provide the additional "islands" and landscaping shown on the site plan dated 2/11/99 prepared by Timothy A. Rumph, Registered Landscape Architect. A print of this site plan is appended to applicants' EAF Part III. 2. Applicants have also offered to impose the both parcels: I~ants and restrictions on ESS£K$, H£FTER & ANGEL COUNSELORS AT LAw December 7, 1999 Page 2 (a) there shall be no access to Locust Avenue from the new parking area on parcel 24.1; (b) before the Town Building Deptuhnent issues a certificate of occupancy, applicants will have completed installation of all landscaping, lighting and drainage systems for the existing parking area and the proposed parking area and as required by the Lead Agency and the Planning Board; (c) on the Cottage Place side of the Mullen Motors property, there shall be no outdoor repair work, vehicle activity shall be restricted to access to and from the site, with no parking or storage of Mullen Motors' vehicles on Cottage Place; (d) Mullen Motors shall advise its employees and customers that there shall be no test-driving of vehicles on residential side streets in the vicinity of the dealership; (e) Mullen Motors shall present a plan to the Town's Plamfing Board to minimize the impact on Cottage Place from delivery trucks; (f) vehicle deliveries shall be limited to weekdays during the hours between 8:00 a.m. and 6:30 p.m.; (g) notwithstanding all the uses permitted in the General Business (B) District, the use of parcel 22.1 shall be limited to automobile dealership and related purposes in the event its use is changed from the cmxent uses; (h) the use of parcel 24.1 shall be limited to vehicular parking, storage and display purposes only, and shall be associated with the adjoining automobile dealership; (i) when and if the uses or buildings on parcel 22.1 are changed, any new uses or buildings shall be developed jointly, with adjoining lands of applicants to the west; (j) when and if the use of parcel 22.1 is changed in whole or in paxt, and the existing building at the northeast comer of parcel 22.1 is removed or altered, a E$$EKS, HEFTER & ANGEL COUNSELORS AT LAW December 7, 1999 Page 3 landscaped buffer at least 15 feet in width shall be installed along the entire Locust Avenue frontage of parcel 22.1 from the northerly point of the landscaped berm on parcel 24.1 to a point as near to Route 25 as possible without blocking lines of site. If you or the Town Attorney have any questions, do not hesitate to contact me. SPA:mb ce : Gregory F. Yakaboski, Esq. Via Fax 765-1823 12-07-199S 01:23PM FROM TO 9651823 P.02 E$S£KS, Htrlr'c~'R & ANGEL December 7, 1999 Jean Cochran, Supervisor and Members of the Town Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Richard F. l~Iuilen, III and William It. Mullen for change of zone - SC'ri'ICl Parcels 1000-62-03-22.1 and 24,1 .. ' ..... . ,..:.,'.. ' ,:2¢ , - · D~' Supervisor Cochran and Members of'the Town'B0ard7 .... ~ ': · . ._. · ': ' Mullen ..... As you know, we are the attorneys for Richard F. Mullen, III and William H. wh'~ '.h£ve petitioned the Town Board for a change of zone for Suffolk C0'~iCY Tax'Map Parcels 1000-62-03-22.1 (paroe122.1) and 24.1 (parcel 24.1). The petition seeks a change of zone from Hamlet CRIB) District, as to parc.~122.1, and Low Density ROSidcatiai (R-40) Disthcn, as to parcel 24.1 to General Business (B) District.. The property is located on the south~side of New York State Route 25 and the west side of Locust Avenue in Southold. On behalf of our clients, I wish to confirm that the applicants have voluntarily modified their application to incorporate numerous mitigation measures into the project design. I advised the Board of this modification at the public hearing held on November 9, 1999, and am now taking the opportunity to confirm it in writing. The application should be modified to include the following: 1. Applicants have agreed to install and maintain a 25-foot buffer along the easterly, southerly and southwesterly sides of the proposed parking area for parcel 24.1 and provide the additional "islands" and landscaping shown on the site plan dated 2/11/99 prepared by Timothy A. Rumph, Registered Landscepe Architect. A print of this site plan is appended to applicants' EAF Part III, 2. Applicant~ have also offered to impose the following covenants and restrictions on both parcels: 1~-07-1998 01:24PM ~ROM TO 7651825 P.05 F_.s$£KS, H~'I'TER & Dee. ember 7, 1999 Page 2 (a) there shall be no access to Locust Avenue from thc new parking area on parcel 24.1; (b) before the Town Building Depa, ui~ent issues a certificate of occupancy, applicants will have completed installation of all landscaping, lighting and drahaage systems for thc existing parking area and the proposed parking area and as required by the Lead Agency and the Planning Board; (c) on the Cottage Place side of the Mullen Motors property, there shall be no ~utdoor. repair work, vehicle activity shall be restricted to access to and from thc;:!i~e, :with no parking or storage of Mullen Motors.l vehicl¢.s on Co~ag¢'Place; ', ,;:~:~i:(d);.Mullen Motors shall advise its employe~s.aad customers that:there shall bc.no:.tcs~driving of ve~cles on residential side s~cets in the vicinity o~ the'~,~' '~ -.' dealership; "'~:' · ' ~ ~ " , . ,,: ~( ) Multen Motors shall present a plan to the Town's Planning Boa:r&,to m~n~m~e the impact on Cottage Place fi'om deliver7 trucks; .,:.~ ~:'-. (f) vehicle deliveries shall be limited to weekdays during the hours between 8:00 a.m. and 6:30 p.m.; (g) notwithstanding all the uses permitted in the General Business (B) District, the use of parce! 22.1 shall be limited to automobile dealership and related purposes in the event i~s use is changed from the current uses; (h) thc usc of parcel 24.1 shall be limited to vehicular parking, storage and display purposes only, and shall be associated with the adjoining automobile dealership; (i) when and if the uses or buildings on parcel 22.1 are changed, any new uses or buildings shall be developed jointly, with adjoining lands of applicants to the west; (j) when and if thc use of parcel 22.1 is changed in whole or in part, and the existing building at the northeast comer of parcel 22.1 is removed or altered, a 12-87-1999 81:2~PM FROM TO 76S182G P.84 December 7, 1999 Page 3 landscaped buff~ at least 15 feet in width shall be installed along the enQre Locust Avenue frontage of parcel 22.1 from the northerly point of the landscaped berm on parcel 24.1 to a point as near to Route 25 ~ possible without bloekln$ lines of site. If you or the Town Attorney have any quesdons, do not hesitate to contact me. Respectfully yours, cc : Gregory F. Yakaboski; ~sq. :' . wal-'ax 765-1823 ...~..:-,..~:.~ ""., -: .,. '. -..b i:,:~.~'.:. TOTAL P.04 CAROLYN A. ZENK ATTORNEY AT LAW 121 Ponquogue Avenue Hampton Bays, New York 11946 516-723-2341 Supervisor Jean Cochran Southold Town Hall Main Street Southo!d, New York December 3d, 1999 Re: November 9th hearing on the Multen Motors application/Constitutional rights Dear Supervisor Cochran, On November 9th, 1999 you interfered with my client's right to freedom of speech, due process, and equal protection under the laws of the United States. Indeed, you evidenced considerable bias against my clients at that hearing going so far as to repress photographic evidence that they wished to present to the Town Board, the general public, and the press. As Supervisor it is your prerogative to conduct hearings as you see fit; however when presentation of evidence/fact is restricted, it then becomes a matter of law. Several weeks earlier, the developer's attorney and developer's expert had been allowed to freely exhibit photographic evidence to the Town Board, the general public, and the press. I am aware of this fact as I watched the proceedings on television. The exhibits were clearly visible. In sharp contrast, at the November 9th hearing, you rebuked my client's attempt to show their exhibits to the audience and the television crew. You also allowed the hearing you were chairing to escalate out-of-control~ When andience members from the opposition began heckling and yelling from their seats, you took no measures to stop this. (also evidenced by television broadcast). As an attorney, I am compelled to advise you of these legal infractions in the event your Town Counsel has not yet advised you accordingly. It is my intent to simply clarify these issues, so as to avoid any reoccurrence in future proceedings. Sincerely, , Ca~~n~~'~ ~ Attorney at ~aw cc: G~eg Yakoboski, Town Attorney Town Clerk/Mullen Motors file Confidential ADDENDUM TO STAFF REPORT TO: The Planning Board FROM: Valerie Scopaz, Town Planner RE: DATE: Petition of Richard F. Mullen III and William Mullen to Rezone SCTM# 1000-62-03-22.1 and 23.1 From Residential-40 and Hamlet Business to Business December 1, 1999 Pursuant to your request, this addendum is designed to supplement the previous report on this matter, dated November 12, 1999. Specifically, the Planning Board asked for an examination of the subject petition relative to the several and various programs and policies that define the Town's planning efforts. Southold Town's "Vision", as stated in many documents and public meetings, some going back to the mid-1980s (prior to the adoption of the 1989 Zoning Map), is to preserve the small-town qualities that distinguish it. These qualities are a result of several factors, among them the distinction that is still evident between densely- developed hamlets and the countryside. Whereas most of the rest of Long Island is characterized as being a sprawl of development, Southold has managed to maintain the character of its individual hamlets and their respective business centers. These business centers are not purely business in nature. Rather, like most small towns, the business centers grew around and from a core of residential, municipal and religious structures. Within the hamlets there are some dissonant elements, businesses whose location once marked the outer limits of business development within a community, but which have become surrounded by a mix of other businesses and residences. Southold Town's hamlets are no different. However, since 1989, the Town has clearly stated that it will move to consolidate future retail business growth around existing business centers within its traditional hamlets. The following quote from the Final Report and Recommendations of the Southold Town Stewardship Task Force of June 1994 illustrates this Vision explicitly. lhe hamlets are the historic focus for residential and business activity in SouthoM Town. We consider this to be a desirable pattern of development, which sbouM be encouraged by allowing appropriate new residential and commercial development in the existing centers. In order to facilitate this growth, careful planning sbouM be undertaken by the Town, so that a rural, pedestrian oriented village quality, consistent with our history and traditional pattern of development, is fostered..... 7he blurring of the distinction between hamlet and countryside should be avoided as a priority. (Chapter 5. P. 61.) The report goes on to note (in a discussion recommending against strip shopping centers): CONFIDENTIAl We believe that a better way of developing commerciaI properties is by multiple, small buildings in a campus-like settings. With good site planning and building design, this type of development would better fit the historic context of Southold (Chapter 5. P. 63.) The report went on to suggest that all business zoning on CR 48 be removed or at the least, confined to existing developed lots currently in business use. The Town Board recently retained a consultant, who studied the CR 48 corridor in conjunction with this and other Town vision statements or planning policies In October of this year, a number of rezonings were undertaken which had the net effect of reducing the overall amount or intensity of business zoning on CR 48. The petition involves two lots with different zoning designations The southernmost parcel is zoned for single fa/nily residential use It has remained vacant these many years, no doubt because of the intensity of the adjoining business uses to the west, north and northeast. Its is fair to say that given how this hamlet has developed, its desirablity as a home-site has been compromised. The petitioner proposes to use the property as a parking and car storage lot, which properly buffered with sufficient landscaping, would put this land to productive use other than a vacant, litter-strewn lot. The Hamlet Business zone, which is the zoning of northernmost of the subject parcels, permits the most intensive of retail uses, including that of fast food restaurants, which are known high-traffic generators. This lot is already developed and in a manner which the Town wishes to encourage. The site contains a former residence and barn that were modified to contain small shops and professional offices. A~tditional small structures were added to form a small cluster of businesses that manage to retain the residential flavor of the original home. This particular business center complements the existing residences along Main Street, some of which are of noteworthy historical interest and value The petition to the Town was quite specific in stated intent: to permit the continued expansion of an existing business dating to 1927. As noted in my earlier report, the Town has a long tradition of permitting this business to expand its operations and has granted that permission in a series of site plan approvals, variances and a use variance. The current petition represents a major expansion in terms of adding land and enhancing the growth potential of the Mullen Motors Company Granting the petition may seem a contradiction in terms. Indeed, opponents have averred that allowing this business to expand would generate such negative impacts on the surrounding residential community as to destroy the very character and fabric of this part of the hamlet, lfthis petition involved vacant land and a proposal to construct a modem car dealership, then I would have to agree with that assessment. However, this petition involves a unique situation and circumstance. The site is mostly developed, albeit in a somewhat haphazard way. However, it contains elements of adaptive reuse which the Town wishes to encourage, and which can be used as a foundation for the continued expansion of this business. From a design standpoint, the petitioner's use of the site is less than optimal: there are alternative ways of using the existing parking fields and of landscaping the site that would work to mitigate and minimize some of the negative impacts the current operation has on the surrounding community. The addition of the two subject parcels to the equation, as it were, would make it easier to re-design the operational use of the overall site. Underscoring this analysis is my understanding that the petitioners are willing to work with the Planning Board during the site plan review to facilitate the best possible combination of operational, layout and landscaping changes so as to minimize the business' impact on the surrounding residential community. Also, that the petitioners are ready and willing to redress past violations of previous site plan and variance approvals; some of which seem to have come about in a desperate attempt to handle increased business within limited quarters If such is the case, then the Town and the petitioners have a unique opportunity to guide this company's physical expansion in such a way as to redress some serious traffic, lighting and parking problems and ultimately to become an asset to the community. At the heart of this analysis and recommendation is a concept which bears some explanation The opposition of the community is perceived to be based on two things: unhappiness with the decline in the quality of their residential neighborhood due to the way the business is being operated and fears that a physical expansion of that business will introduce a heightened level of intrusion. Their concerns are valid ones, but in this instance, they should not be perceived as insurmountable obstacles. To explain: for a decade now, the Town has worked to maintain its distinctive character through a series of actions, each designed to deal with a specific problem. For instance, it has eliminated strip shopping center designs from its zoning code; it has prohibited the construction of commercial buildings in excess of 60 feet in length parallel to the road in order to preserve vistas and encourage buildings of a mass and shape complimentary to its existing architectural heritage; it has eliminated the use of interior-lit signage from all but Hamlet Business districts. Several million dollars have been spent and are proposed yet to be spent to preserve the agricultural land around each hamlet. The Town has pursued this path knowing that the accommodation of future business growth within the existing hamlets was going to take a great deal of creative design and compromise. ~I~CEIVED NOV 2 )oulhoICi ~-own Clerk Locust Lane Southold, NY 11971 November 26, 1999 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 Re: Reexamination of Southold Town Planning Board's recommendation of proposed MuHen Motors downzone in context of Town's Comprehensive Plan To Ben Orlowski & Valerie Scopaz & Planning Board Members: We are glad that the Planning Board recommendation has been sent back to be revised IN THE CONTEXT OF OUR TOWN'S COMPREHENSIVE PLAN. Mutlen Motors is one of the most misplaced businesses in the whole of Southold. It is turning this portion of our hamlet into a trucking and industrial center, replete with noise, traffic congestion, glaring halogen lights, chain link fences, and suburban bubble window architecture. Mullen Motors is destroying our town's unique historic identity. In addition, the destruction of Colonial Corners is not only an architectural loss to our town history but a devastation to the whole area. A CAR DEALERSHIP SHOULD NOT BE THE CENTERPIECE OF AN HISTORIC VILLAGE -- or any village for that matter. Like most people, our homes are our principle investment. To allow the Mullen Motors operation to systematically devalue and destroy our properties when there are other viable options is totally unnecessary and unfair.* Our homes are much more than financial investments. They are the center of our lives. There is an unspoken sanctity and sacredness to be observed about home and family that should not be disrespectfully passed over -- certainly not for a Car Dealership. I hope the Town Board noticed that at both hearings, neither the Mullens nor those in support of this downzone application -- businessmen, Mullen employees, customers (family men themselves) -- showed any concern for the families whose properties and living conditions are so adversely affected by this operation. Without shame or embarrassment they all came forward to champion the Mullen Motors proposal to put a noisy, dirty, car service/repair operation right next to homes and families. Their only concern was business -- and their cars. It is a town disgrace. One of the most vocal MuIlen Motors supporters, a Nassau Point businessman /customer was in fact opposed to a B & B (permitted in residential zones) in HIS own community. The contradiction in this type of thinking is most troubling. One i hope you take note of. Our objections to a General Business expanding into OUR residential community are legitimate and well grounded. It is a well known fact that the Harbor Lights community in Southold was successful in defeating commercial encroachment into their community by stopping a proposed B&B. We believe our community deserves the same consideration for the even greater commercial intrusion of a car dealership. Zoning Code, Article I, General Provisions Our concern is entirely with our rights as citizens and property owners. The General Provisions of our Zoning Ordinance protects these rights. It's fundamental purpose is to protect and promote "the public health, safety and welfare" and includes the following: ~100-10 P ur~p~_ c...privacy for families d...prevention and reduction of traffic congestion e..,maximum protection of residential areas g...enhancement for the appearance of the Town of Southold 100-11 Conflicts A. "Where a provision ...conflicts with...any other provision...the provision or requirement which is more restrictive or which establishes the higher standard shall govern." The higher standard of a residential neighborhood should come before that of a commercial car dealership. Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 ~c~IVED NOV 2 6 lc)F) :~ouZhola lOWn Clerk Locust Lane Southold, NY 11971 November 26, 1999 Re: Reexamination of Southold Town Planning Board's recommendation of proposed Mullen Motors downzone in context of Town's Comprehensive Plan To Ben Orlowski & Valerie Scopaz & Planning Board Members: We are glad that the Planning Board recommendation has been sent back to be revised IN THE CONTEXT OF OUR TOWN'S COMPREHENSIVE PLAN. Mullen Motors is one of the most misplaced businesses in the whole of Southold. It is turning this portion of our hamlet into a trucking and industrial center, replete with noise, traffic congestion, glaring halogen lights, chain link fences, and suburban bubble window architecture. Mullen Motors is destroying our town's unique historic identity. In addition, the destruction of Colonial Corners is not only an architectural loss to our town history but a devastation to the whole area. A CAR DEALERSHIP SHOULD NOT BE THE CENTERPIECE OF AN HISTORIC VILLAGE -- or any village for that matter. Like most people, our homes are our principle investment. To allow the Mullen Motors operation to systematically devalue and destroy our properties when there are other viable options is totally unnecessary and unfair.* Our homes are much more than financial investments. They are the center of our lives. There is an unspoken sanctity and sacredness to be observed about home and family that should not be disrespectfully passed over -- certainly not for a Car Dealership. I hope the Town Board noticed that at both hearings, neither the Mullens nor those in support of this downzone application -- businessmen, Mullen employees, customers (family men themselves) -- showed any concern for the families whose properties and living conditions are so adversely affected by this operation. Without shame or embarrassment they all came forward to champion the Mullen Motors proposal to put a noisy, dirty, car service/repair operation right next to homes and families. Their only concern was business -- and their cars. It is a town disgrace. One of the most vocal Mullen Motors supporters, a Nassau Point businessman /customer was in fact opposed to a B & B (permitted in residential zones) in HIS own community. The contradiction in this type of thinking is most troubling. One I hope you take note of. Our objections to a General Business expanding into OUR residential community are legitimate and well grounded. It is a well known fact that the Harbor Lights community in Southold was successful in defeating commercial encroachment into their community by stopping a proposed B&B. We believe our community deserves the s_ame consideration for the even greater commercial intrusion of a car dealership. There is no benefit, whatsoever, to the town, hamlet or surrounding neighborhood to grant Mullen Motors additional Main Road frontage in our hamlet, destroy Colonial Corners or to industrialize this area of town. No Comprehensive Town Plan would sanction this and area residents anticipate that these evident fundamental concepts will be incorporated into your final recommendation. Thank you for your time and consideration. Yours truly, Jean Sanford *Lucus Ford has been located most appropriately and considerately -- most of all for their customers' convenience but also for the safety and well-being of the community. cc: Town Board Town Clerk Zoning Code, Article I, General Provisions Our concern is entirely with our rights as citizens and property owners. The General Provisions of our Zoning Ordinance protects these rights. It's fundamental purpose is to protect and promote "the public health, safety and welfare" and includes the following: 100-1~ c...privacy for families d...prevention and reduction of traffic congesiion e...maximum protection of residential areas g...enhancement for the appearance of the Town of Southold 100-11 Conflicts A. "Where a provision .,,conflicts with...any other provision.,.the provision or requirement which is more restrictive or which establishes the higher standard shall govern." The higher standard of a residential neighborhood should come before that of a commercial car dealership. To: Elizabeth Neville From: Greg Yakabos/~.~' ~ ~ Date: 11/12/1999 ~ Re: Mullen Motors Betty, As you know, Chick Voorhis is handling the SEQRA analysis for the Town. Please forward a copy of all the written comments received by your Office as well as a copy of the transcript's from both Public Hearings to Chick's office. Thanks NOV 9 1999 R.H.Frederick 385 Cottage Place Southold, N.Y 11971 8 November, 1999 Southold Town Board Southold Town Hall 53095 Main Road Southold, N.Y 11971 Dear Southold Town Board; Re Zoning Change Proposed by Mullen Motors This letter will confirm my opposition to the zoning change requested by Mullen Motors in the Colonial Corners area of the town. I previously expressed my opposition to this zoning change in a letter to the town board on 13 March, 1998 and more recently, at the public hearing at Town Hall on 12 October, 1999. This zoning change, if granted, would be an open door to the degeneration of Main Road in the Hamlet into The Jericho Turnpike of Southold. I would not like to see this negative change in the quality of life and the character of the Hamlet as we know it. Those are among the reasons we live in $outhold. It would also certainly have a negative impact on the value of my property. How does the board decide that my property should be devalued for the benefit of a private company? As I understood the legal presentation by the attorney for Mullen Motors at the recent hearing, the physical change being sought is to convert a vacant lot in the neighborhood to a parking lot for Mullen Motors use. I would like an explanation of why such a conversion requires a zoning change. In its deliberations and decision on this matter, I sincerely hope it will be possible to develop a plan that will serve the needs of business in the Hamlet (in this case Mullen Motors) without adversely affecting the quality of life and property values of nearby residents. The Lucas Ford dealership on Horton's Lane seems to me to be a good example of planning that serves the needs of business without being detrimental to the character of the Hamlet's residential areas. Perhaps a similar arrangement could be considered in this case. In the interest of preserving the integrity and character of the Hamlet, please deny this zoning change. Very truly yours, R.H. Frederick Helen W. Prince, 1165 Founders Path, Southold, NY 11971 November 9, 1999 Southold Town Supervisor and Members of the Board Main Road, Southold, NY 11971 RECEIVED NOV ~ld Town Clerk Everyone should know the history around them, and how it repeats itself, for better or for worse. Mullen Motors has been on Route 25 for 73 years. Hobart Road, Cottage Place and Locust Lane were developed well over 100 years ago; the east side of Founders Path and the west side of Old Shipyard Lane were completely built up before World War II. The Mary Dayton estate, consisting of two farm lots in the center, was built up immediately after, but well before Mullen Motors flourished and started buying the surrounding houses and acreage. I have been married and living here for more than 59 years. That means I have seen Mullen Motors through 3 generations of growth. Originally they were a gas station on the north side of Route 25. Their first building on the present site was small. It had a curb, grass, and sidewalk along route 25, but they removed it. There was once a well defined walking area along Cottage Place. Gone. At first the Mullens carried on their business pretty much inside their boundary lines; but with good economic times they expanded, and this "grandfathered" business was granted multiple variances and zone changes, one after another. Each application for a variance or zone change was accompanied by a site plan promising attractive trees, evergreens and flowering shrubs. Never, never, never were these site plans carried out The files at Town Hall are littered with their site plans. Those were Mullen's promises, all broken promises. With Mullen's growth, their business has appropriated public domain on both Route 25 and Cottage Place. All walking areas are gone, replaced by a wide driveway for five Service Bays and 12 rotating pull-in/back-out slots on Cottage Place. Mullen Motors, (a business), has arrogantly appropriated public domain and not been held accountable. These Service Bays facing Cottage Place could, not have been built without intending to use the road to do business. That is their history. Should it be repeated? Now we come to the big CLINKER and its threat. (1) Mullen wants more space for parking cars. (2) The present owner of that space won't sell without selling Colonial Comers and the many needed shops, along with it. (3) Mullen won't buy the two properties unless the Town grants a zone change on Colonial Comers. He says he has no "present" plans to tear down Colonial Comers, so why is he asking the Town to facilitate the sale? Is the Town being asked to go into the Real Estate brokering business? Two years ago Mullen said he wouldn't tear down Colonial Comers for five years. Now he implies that for years to come, he wants to be a landlord, collecting rent, hiring tree and lawn services, painters, and meeting emergencies by having plumbers, electricians, and carpenters on call. This is just another promise, to go the way of all others. If not a landlord, his alternative would be to put the shops in Colonial Comers out of business; something he has accused his opponents of wanting to do to him. Isn't that "the pot calling the kettle black?" If this zone change is granted, the property will forever be in peril. Each of you knows the many types of unseemly businesses you would be allowing,- not at some far future time, but starting the day it is granted. Should the Town change the zone for the sole apparent purpose of supporting the sale of land to benefit two inflexible businessmen? Residents of Founders Estates, residents on Hobart Road, and all those visiting Founders Landing who must exit through Cottage Place, don't want an expanded car dealership as the gateway to this residential area. A monstrous expansion along our village street would be against all the Town's efforts to preserve our heritage. Mullen must not be allowed to expand this way at the expense of so many others who share this town. Most sincerely, Helen W. Prince ~ml ~ THVlZ J~l FIET RO ~'tTTORi'I Fy &, ~OI/PI~ELLO~ t'~T RECEIVED NOV 9 199 Soul'hold Town Clerk FROM: DATE: Southold Town Board Arthur DiPietro, Attorney for Richard and Gayle Frederick Muilen - Change of Zone November 9, 1999 This document, to be made part of the official public hearing record in connection with the above referenced change of zone application, is not intended to be a legal memorandum replete with judicial and statutory citations. There will be time enough at some future date for such a document should litigation prove to be the only alternative. Rather, I take this opportunity to share with you some observations, some conclusions and some recommendations gleaned t~om my study of the record compiled to date in support of and in opposition to Messrs. Mullens' petition for a change of zone. There are four {4) categories to my analysis. They are as foUows: ii Documentation germane to the Petition; 2) Zoning Code and Planning Study provisions relevant to your Board's decision; 3} Legal principles material to the merit, or lack of same, of a given change of zone application; and 41 Conclusions that, with all due respect, I urge you w/ii be compelled to reach in order to avoid an arbitrary, capricious and prejudicial determination that will be set aside by judicial intervention. 2 DOCUMENTATION: There are four {41 essential documents at the core of the matter. They are as follows: 21 31 EAF Review prepared by NPV for your Board and dated 9/10/97; EAF III, prepared by Petitioners' agent, dated April 1999 and filed with the Town Clerk on 4/23/99; NPV response to said EAF III dated and filed 5/24/99; and Protest Petition filed by Carolyn A. Zenk, Esq. Under cover of letter dated 7/5/97. ZONING AND PLANNING PROVISIONS: Code Section 100-90 PURPOSE {HAMLET BUSINESS) states: "The purpose.., is to provide for business development in the hamlet central business areas.., that will support and enhance the retail development and provide a focus for the hamlet area." Code Section 100-100 PURPOSE {GENERAL BUSINESS) states: "The purpose is to provide outside of the hamlet area {for] uses that al bi c) benefit from large numbers of motoristsi need fairly large parcels of land; and involve.., heavy trucking and notse" (EMPHASIS ADDED]. 3 {NOTE: in 1999 very few, if any, customers walk to a car dealer, either for purchase or repair). Code Section APPENDIX - BULK SCHEDULE provides for General Business, as follows: 1) Front yard - 100 feet or average of existing adjacent set back; 21 Side yard 25 feet/50 feet; 3/ Rear yard 35 feet; 4] Landscaping - 35% minimum; and 5] Lot coverage 30% maximum. Code Section 100-13 DEFINITIONS provides, in part: "AUTOMOBILE SALES LOT OR BUILDING - A lot or building used for the sale or hire of automobile equipment." (EMPHASIS ADDED], Code Section 100-191 - OFFSTREET PARKING provides, part: a) "The Planning Board may waive all or a portion of these requirements in the Hamlet Business District [based on a finding of adequate and proximate municipal parkin~' {EMPHASIS ADDED), b) {Bulk Schedule at page 10107): "Motor vehicle.., salesroom or outdoor sales lot - 1 per each 600 square feet of showroom and sales lot area..." {EMPHASIS ADDED). Ix)cai Law 15-1998 - ROUTE 48 CORRIDOR MORATORIUM provides: "PURPOSE: . .. {The) necessity to locate businesses in suitable zoning districts in areas which are best suited for the placement of such businesses," "...to ensure that economic activity take place in desirable locations thereby maximizing the existing character of the Town's hamlet centers." {EMPHASIS ADDED1. LEGAL PRINCIPLES TO A PETITION FOR A CHANGE OF ZONE, 11 A change of zone runs with the land and is not personal to a given applicant. 2] A change of zone involving only one owner and one parcel of land often constitutes illegal spot zoning especially where a) such change is not part of an evolutionary trend of a neighborhood in transition recognized by the municipality's comprehensive plan or more recent hamlet studies, or b) such change is considered favorably in large part by the needs of the applicant, as opposed to the needs of the community, and because the applicant is a "good" property owner. 3) A change of zone involving a plea by the Petitioner that he has no intention of taking advantage of the plethora of new uses available in the new [downzoned] classification and that he will agree to an endless list of convenants and restrictions circumscribing his use and enjoyment of the property often constitutes illegal contract zoning which can later be successfully attacked by either the citizens in opposition or the Petitioner 5 4) A change of zone, especially one initiated, as here, by a private property owner must be consistent with and in furtherance of the existing comprehensive land usc plan of the municipality. It cannot be considered in a vacuum. It must be viewed relative to what else is being considered by the municipality, in distant as well as adjacent zoning use districts. All have an impact on each other. 5) The State Environmental Quality Review Act {SEQRA} require: a] cumulative impact be considered; b) altematives to the proposed action be evaluated; c) substantial mitigation of significant impacts be addressed and implemented. SEQRA further requires that a "hard look" be taken both by the petitioner and by the municipality. Cursory, conclusory, sclf-serving environmental assessments constitute glaring defects in the publ/c record just screaming for a court to set aside the determination. CONCLUSIONS: 11 The SEQRA process is not complete. The EAF nI {fried 4/23/991, prepared and submitted by a consultant/agent hired and paid by Petitioners, is deficient on its face. It is conclusory and self scrving to the point of being offensive and patronizing. This is a Change of Zone application. For Petitioner's consultant to baldly state that its comments are reserved to parking/landscaping because no other charges are proposed displays either a total ignorance of the Law or a complete disregard for the duties of the Town Board. 6 Having securely placed foot in mouth, the author of the EAF III proceeds to gag on her toes. Incredulously, she states at page 2 thereof that the Board need not consider the impact of further actions ff same are speculative. This is not a use variance application before the Zoning Board of Appeals (The Applicants have already received and abused one of those). This is not a site plan review by the Planning Board. This is a change of zone. Several new uses, all inconsistent with the continued integrity of the hamlet core will become permitted uses on the property. Instead of HB uses such as professional offices, banks, shops, galleries, libraries, museums and B & B's, the Board is being asked to permit as matter of right warehouse, food processing plants, beverage distributors, dry-cleaning plants, take-out restaurants, gas stations, car, boat and RV sales. This is not speculative. Furthermore, nothing is offered in the EAF III to mitigate or insure against the likelihood of any such future actions coming into existence. We are told merely that the applicants are good guys and we should trust them. That is not the law! 2) The Board must issue a positive declaration and require a full Environmental impact Statement {EIS}. NPV {5/24/99) advised that the Board cannot issue a negative declaration with conditions. It further advised that the EAF II was deficient. No response has been forthcoming from the Petitioners to attempt to cure these defects. NPV stated at page 6 of its 5/24/99 review that: "ff there are one or more key Impacts that are not mitigated, the Board would retain the option to seek a complete draft ELS." The failure or refusal of the Board to exercise its stated option is per se arbitrary and capricious. Were I counsel to the applicants I would demand that they voluntarily prepare and submit such a document to assure the integrity of the record. 3} The traffic study is incomplete. R fails to offer alternatives to the project. It fails to pay more that cursory attention to acts of mitigation. Examples of such items that should be considered are as follows: a) access to Locust Avenue; 7 b) relocation of existing buildings on Colonial Comers; c] prohibition of left turns (South) from the proposed parking lots onto Cottage Place; dl restriction of commercial vehicles {except for local deliveries] on Cottage Place and Locust Avenue; e] reconfiguration of all existing offstreet parking at Mullen Motors to maximize efficiency and enhance mitigation of impact on the adjacent residential community; and calculation of percentage of parking needed for new/used car inventory {sales lot - a principal use) as opposed to the that needed for customer/employee parking (an accessory Dunn Engineering is the retained consulting engineer for the Village of Westhampton Beach. There is no way this most disastrous change of zone would occur in the manner proposed in that municipality on Durm's watch! 4. No alternatives to the project have been proposed, discussed or considered. It would seen quite simple for Mullen Motors to have its cake and eat it too by simply acquiring a piece of land nearby presently zoned General Business for its repair and back up inventory storage needs. It would be less expensive {see testimony of Richard A. Winters on behalf of Mullen before the ZBA of 3/5/87). It would be more efficient. Most intelligent, forward thinking business, now have front-office, showroom facilities in high-exposure, high-rent areas and hackroom operations at other, less costly locations. Most importantly, it would be more a appropriate land use and it would relieve this Board of being asked to approve an iliegal change of zone. 5. Covenants and restrictions will not be sufficient to hold the applicant to its word and prevent future violations and abuse. To keep the horse in the barn on this topic would require a set of covenants so extensive and pervasive as to sterilize the property except for a parking lot. Those covenants, as recommended by the Suffolk County Planning Commission {11/3/99] would have to cover the entire Mullen site. Yet, the Mullen's have maintained a checkerboard {single and separate ownership) and look to continue to do so on the subject premises. 8 The Cottage Place parking lot is illegal. It is an aeeessory use {customer/employee parking] standing alone on a parcel that has no principal structure or it is a principal use [outdoor sales lot) that violates all of the set back and lot coverage/landscaping requirements of the code. This entire situation is a mess. It has been so for twelve years. It is getting worse. 6. The Board is currently in the process of mapping a vision for Southold for the next century. As I understand it, that vision has three [3] component parts. They are as follows: 1] Rt. 48 as a scenic corridor; 2) Traditional hamlet centers as corn magnets for civic and cultural vitality; and 3) Hamlet fringe areas as receivers of uses now thought inappropriate for either Rt. 48 or the hamlet centers. I do not expect Mullen Motors to pack up and leave lock, stock, and barrel. I do not expect its showroom to be converted into an antique auetion barn, a beach plum preserve shoppe or a boutique for the sale of Founder's day doilies. However, neither do I expect my clients, Richard and Gayle Frederick, to plan the conversion of their historic colonial home into a speed shop seliing hubcaps, continental kits and checkered dice to adorn the rear view mirror of a 2000 Prowler. One of the greatest enemies of hamlet pedestrian friendly intimacy and the effective working relationship between traditional residential neighborhoods and small town Main Street businesses is the blacktop wasteland masquerading as a parking or outdoor sales lot. Any planning consultant worth his or her salt and sensitive to traditional mixed-use communities abhors this sterile vacuum, devoid of human presence, with its alien insect light stanchions buzzing out rays of blue and orange glare. I would rather walk by a friendly country burying ground. 7. On a more pedestrima vein {pun intended) I take this opportunity to list, perhaps recapitulate, several compelling reasons to deny this application. They are as follows: 9 a) the applicant comes to the Board with unclean hands, having failed to comply with several conditions of approval previously imposed by the ZBA and the Planning Board; b} the applicant has failed to offer alternatives to the project, incorporate acts of mitigation {including consent to covenants), address cumulative impacts or otherwise comply with Applicable Law; c) the applicant has failed to exhaust his administrative remedies by not making application for a use variance to the ZBA {unless, of course, he has some untold secret future plans for the property); d] the Board has failed to consider this application in the context of its comprehensive plan, has failed to address its relationship to the proposed rezoning of Rt. 48 and has failed to require the applicant to respond to the concerns raised by NPV on 5/24/99; e) the citizens in opposition have filed a protest petition, requiring a super majority vote of the Board as pointed out by counsel for the applicant on behalf of clients in the Rt. 48 rezoning; f) there has been no balancing of the equities between the demands of the Petitioners and the genuine needs and concerns of the neighbors; to grant the application would constitute illegal spot and/or contract zoning; h) to grant the application would constitute an arbitrary and capricious abuse of sound discretion by the board; and j) to grant the change of zone would violate the civil rights and property rights of Richard Prederick and Gayle Frederick and expose the Town of Southold and its representatives to both compensatory and exemplary damages. 10 8. It is absolutely essential to the continued integrity of the Hamlet Business zone and the continued vitality of rural small town hamlet centers for the pending change of zone petition to be denied. Granted Mullen Motors has been at its present location since the invention of the horseless carriage. May they remain until the transporter room replaces the car and Scotty beams us all to and from wherever we need to go. However, may they remain a traditional small town car dealer and not Big MacMullen. If they want to be Big MacMullen, they should go, at least in part, somewhere ekse. In so doing they will lose their personal touch, their small town appeal and, hopefully so the lesson is well taught, most of their loyal customers. They will be no different than the Rt. 58 auto m~ll~. If Muilen wants to be an Auto Mall, so be it; however, do not allow them to bulldoze this Board into making Main Road, Southold just another Rt. 58. Do not allow the PAC-MAN of blind commercial ambition to chew its way into the traditional small mixed use and residential communities that make Southold unique. END Open Letter to Trustee James Mills Dear Mr. Mills, June 5,1998 RECEIVED NOV 9 SouthoM Town I watched the Greenport Village Meeting of May 21, on Channel 27 and would like to commend you for your insight and sensitivity with regard to the architectural plans for Mitchell Park. You are right when you say that residents, second-home owners, and visitors all "enjoy the New England architecture of our area" and that "people do not come out here to look at Metal and Glass." For the same reasons that you do not want to see Metal and Glass show cased in Greenport, we too in Southoid do not want Metal and Glass blighting our 1640 village. We do not want to lose the New England architecture of Colonial Corners to the Metal and Glass of a sprawling car dealership and car lot. Metal Glass, Plastic Macadam, Halogen Lights--these symbols of suburb a are tota ly at odds with our historic setting. The direction we take today is tremendously important for it certainly will have major, major long-range implications for all of us in the community. It is noteworthy, and much to your credit also, that when you needed to expand your business, you did it in a most appropriate and considerate way. Your efforts will not go unnoticed by future generations. Sincerely, ~ulie Sanford ~ S.T.O.P.--Watch Thursday, June 18, 1998 ~ Traveler Watchman ~ 7 · Like'Old Buildings An Open Letter to Trustee James Mills: Dear Mr. Mills, I watched the Greenport Village Meeting on May 21 on Channel 27 and would like to commend you for your insight and sensitivity with regard to thc archi- .~ctural plans for Mitchell Park. You arc right when you say that residents, second-home owners, and visi- ..tots all "enjoy the New England architecture of our area" and that "people do not come out here to look at . metal and glass." ~ F , or the same reasons that you do want to see metal and glass showcased in Greenport, we too in Southold do not want metal and glass blighting Our 1640 vil- lage. We do not want to lose the New England archi- tecture of Colonial Corners to the metal and glass of a sprawling car dealership and car lot. Metal,glass, plas- tic, macadam, halogen lights--these symbols of sub- urbia are totally at odds with our historic setting. The .direction we take today is tremen~tously important for, ~t certainly will have major, major long-range impli- cations for all of us in the community. It is noteworthy, and much to your credit also, that .when you needed to expand your business, you did it m a most appropriate and considerate way. Your efforts will not go unnoticed by future gen- erations. Julie San£ord, S.T,O.P.-Watch Large Questions Loom to the West RECEIVED NOV 9 1999 Sauthold Town Cler~ Editor: RECEIVED Zoning Code, Article I, General Provisions NOV ~ 199~ Southold Town Cler~ Our concern is entirely with our rights as citizens and property owners. The General Provisions of our Zoning Ordinance protects these rights. It's fundamental purpose is to protect and promote "the public health, safety and welfare" and includes the following: c...privacy for families d,..prevention and reduction of traffic congestion e...maxirnum protection of residential areas g.,,enhancement for the appearance of the Town of Southold 100-11 ConflicLs A. "Where a provision ...conflicts with...any other provision...the provision or requirement which is more restrictive or which establishes the higher standard shall govern." The higher standard of a residential neighborhood should come before that of a car dealership. Helen W. Prince, 1165 Founders Path, Southold, NY 11971 November 9, 1999 NOV v t999 Southold Town Cled Southold Town Supervisor and Members of the Board Main Road, Southold, NY 11971 Everyone should know the history around them, and how it repeats itself, for better or for worse. Mullen Motors has been on Route 25 for 73 years. Hobart Road, Cottage Place and Locust Lane were developed well over 100 years ago; the east side of Founders Path and the west side of Old Shipyard Lane were completely built up before World War II. The Mary Dayton estate, consisting of two farm lots in the center, was built up immediately after, but well before Mullen Motors flourished and started buying the surrounding houses and acreage. I have been married and living here for more than 59 years. That means I have seen Mullen Motors through 3 generations of growth. Originally they were a gas station on the north side of Route 25. Their first building on the present site was small. It had a curb, grass, and sidewalk along route 25, but they removed it. There was once a well defined walking area along Cottage Place. Gone. At first the Mullens carried on their business pretty much inside their boundary lines; but with good economic times they expanded, and this "grandfathered" business was granted multiple variances and zone changes, one after another. Each application for a variance or zone change was accompanied by a site plan promising attractive trees, evergreens and flowering shrubs. Never, never, never were these site plans carried out The files at Town Hall are littered with their site plans. Those were Mullen's promises, all broken promises. With Mullen's growth, their business has appropriated public domain on both Route 25 and Cottage Place. All walking areas are gone, replaced by a wide driveway for five Service Bays and 12 rotating pull-in/back-out slots on Cottage Place. Mullen Motors, (a business), has arrogantly appropriated public domain and not been held accountable. These Service Bays facing Cottage Place could not have been built without intending to use the road to do business. That is their history. Should it be repeated? Now we come to the big CLINKER and its threat. (1) Mullen wants more space for parking cars. (2) The present owner of that space won't sell without selling Colonial Comers and the many needed shops, along with it. (3) Mullen won't buy the two properties unless the Town grants a zone change on Colonial Comers. He says he has no "present" plans to tear down Colonial Comers, so why is he asking the Town to facilitate the sale? Is the Town being asked to go into the Real Estate brokering business? Two years ago Mullen said he wouldn't tear down Colonial Comers for five years. Now he implies that for years to come, he wants to be a landlord, collecting rent, hiring tree and lawn services, painters, and meeting emergencies by having plumbers, electricians, and carpenters on call. This is just another promise, to go the way of all others. If not a landlord, his alternative would be to put the shops in Colonial Comers out of business; something he has accused his opponents of wanting to do to him. Isn't that "the pot calling the kettle black?" If this zone change is granted, the property will forever be in peril. Each of you knows the many types of unseemly businesses you would be allowing,- not at some far future time, but starting ~ranted. Should the Town change the zone for the sole apparent purpose of supporting the sale of land to benefit two inflexible businessmen? Residents of Founders Estates, residents on Hobart Road, and all those visiting Founders Landing who must exit through Cottage Place, don't want an expanded car dealership as the gateway to this residential area. A monstrous expansion along our village street would be against all the Town's efforts to preserve our heritage. Mullen must not be allowed to expand this way at the expense of so many others who share this town. Most sincerely, Helen W. Prince -~:~lhold Town C~erk PAID ADVERTISEMENT "The Mullens say the open lot (Residential parcel) would pro- vide immediate room for much-needed parking, and the shop- ping complex (Colonial Corners) could be used for a future deal- ership expansion, but in the short term would remain as is." --The Suffolk Times, "Mulling Mullen's--Clash over trees and car lot plans still simmering," July 31, 1997. FOUNDERS ESTATES RESIDENTS SPEAK OUT "What may seem ~o be a harmless changc of z~mc [oa business o~ncr ts aa unacceptable act to those of us who will bc dealing wilh all oi thc negal~ve aspecls of this plan on an cveryday basis,"--Robert R eilly ness zones (Gene ral Busmess) next to one of the hghtest use zones (Residential) i~ gdreapdl~de a bie and ';Who.ll. dY ~rdhO~ld Mr. Junie Alber~son and the Mullen brothers be allowed Io make money at the expense ol the homeowners in Founders Estates~"~ulle "Any residenlial community such as Mill Colony or Yennecott would be durra · Holly Sanford ged by the threat of commercial encroachment mid their neighborhood."-- "lh°pey°ugivethese¢oncernsyourseriousaltcn~mnandkee ourcommunll nco B. Shenuan P Y mmunit7, not convert ~t mid a trucking and industrial area?'--David "With so much available land in undeveloped areas on the East End, I am hoping that an alternative sile for the Mullen Motors expansion project will be suggested so that our community can maintain ils intcgrily and rural setting."--Barbata Adams "1 fight this expansion because 1 have an eye for the future of our 350~year-old village, Citizens are beginning to reoalize they must speak ,o, ul and help the MULLEN MOTORS CHANGE OF ZONE HEARING SCHEDULED FOR 8:20 EM.~ OCTOBER 12 AT SOUTHOLD TOWN HALL Paid for by Southold Town Organization for Preservation. Watch Rd. Box 1445, Southold, NY 11971 Jean Sanford, Secretary PAID ADVERTISEMENT CAROLYN A. ZENK, ENVIRONMENTAL ATrORNEY FOR FOUNDERS ESTATES RESIDENTS DEMANDS FULL ENVIRONMENTAL IMPACT STUDy FOR ' MULLEN MOTORS CHANGE OF ZONE REQUEST The actmn at ~ssue ts a change of zone for the ex,sung ~o!~!mal Comers sho pn)g c~nter from Hamle Bus ness to General ~us ness, as well as a change-of- lng an additional 3g!car parking 1o n an alread,, hli~hteoVarea .,,L, o en~hl,e t~e contract.vendee to ex and a pre-existin honed , h~',take the wmdthll approach of chanRin~ the zowP.~o ~,. g~^ al,the apphcants are less than forthcomm£ ~f h wa~ mJ v :~ ,C. om?s Southold's small-town chaml It bears emphasis that to bc ....... ful Southold's business COmmunity must be able to successfallyYcom te ~}rther from zone allows f~t food marls, g~s stations~ ca~ washes, bars and warehouses; uscs as thrnls, horse farms, churches, and residences, tile general b usin~ action (6 NYCRR 617 l d). q P P the zone change ,s passed, you will only be a~ c Io mi,tirol , t~e,'aghb~rll~>od NOr PREVENT it. If you dress a mul ...... ~ ,21~'l!er 01 ng~!, ~,te plgn based upon the clear ev,dence already n th ....... g rahon under SEQRA. 'We woul~re ..... d that th........ ent T.ncrc. fo,~., ,£ t}!c hoard Town's planning Staff sa d Ihat the:, lave not ad a orinal o re~ ~w PUBLIC HEARING SOUTHOLD TOWN BOARD MULLEN MOTORS CHANGE OF ZONE (CONTINUED). NOVEMBER 9, 1999 8:00 P.M. Present: Absent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman William D. Moore SUPERVISOR COCHRAN: At this time we will continue with the Mullen Motors change of zoning hearing which was started October 12th. We have additional correspondence from Suffolk County Planning Department. Brian, do you have that? COUNCILMAN MURPHY: This is a letter from the Suffolk County Planning Department regarding the application of Richard Mullen and William Mullen for a change of zone from RI10 and HB to B Business in the Town of Southold. Pursuant to the requirements of Section A1~-1~ to 23 the Suffolk County Administrative Code, the Suffolk County Planning Commission, on November 3, 1999 reviewed the above captioned matter, and after due study and deliberation resolved to approve said application to the following conditions. The portion of the premises comprising of Suffolk County Tax Map #1000-62-3-22.1 shall be limited for automobile dealership and related purposes only. Two, that portion of premises comprising Suffolk County Tax Map #1000-62-3-2~.1 shall be limited to vehicle parking, storage, and display purposes only if it is associated with the automobile dealership and adjourning lands to the north and west with no vehicle passes be on Locust Avenue. Three, premises shall be developed jointly, and adjourning lands of petitioner to the west thereof. Four, premises shall be incumbered by appropriate operational and developmental restrictions to adequately protect surrounding residential zoned lands, including buffering, shielded lighting, vehicle loading and unloading off the street, a limitation of use of outdoor speakers and systems, and a limitation on the hours of operation. This is from Steve Jones, Director of Planning. pg 3 ~ PH Hamlet Business designation to General Business, and we hereby change the zoning district designation of the parcel such and such tax map from Low Density Residential District to General Business. In other words, the public notice is talking about change of zone for two parcels. Colonial Corners itself and the parcel behind Colonial Corners, which is presently zoned residential. Now you would never know that from the last hearing, because all that was talked about was basically was the actual site plan application. Basically, when you are talking about the change of zone, what you do when you change your zone basically, you look at the table of use, and you see what was allowed under the old zone, and then you see what is allowed under the new zone, and what you have to look at in the action is what was permitted before, and what will be permitted now. As we all know, under the zoning categories there is many, many uses. So, obviously, the applicant can not just stand before you, and say, there is going to be one use here. So, that has got to be looked at before the Board makes a decision. I would say, it is like that famous story of the Trojan Horse. The Trojan Horse is let into the city. People think it is a great gift, and during the evening the hidden soldier that were in the horse escape into the city and kill all the slumbering residents. That is what this application is like. It is basically coming in as though it is a site plan, as though it is relatively innocuous, but it is entirely much larger than the applicant would have you believe. Mr. Angel represents to the Board that there will be no changes to Colonial Corners. But, remember the public hearing notice that Colonial Corners will be changed from Hamlet Business zone to General Business zone. If there is not supposed to be any changes to Colonial Corners the question I have got for this Board is, why the heck is it the subject of this public hearing? If there is really nothing that is going to done there, why bring it before you at all? I submit this before you because the applicant intends to do something later, or if the applicant doesn't certainly with the change of zone, given that some things are allowed as a break something can be done later to Colonial Corners itself. It is interesting that the Environmental Assessment Form also does not address this change of zone at Colonial Corners, and Colonial Corners is about a big a parcel as the Mullen Motors dealership next door. Mr. Angel argued last time that the site would look better by being paved over with a parking lot. I suppose the east end would look better if paved over by many parking lots. I just don't think that parking lots are more aesthetically pleasing then open space, or a lot that did at least one time have majestic trees on them before they were taken down. I think it is somewhat misleading of Mr. Angel to talk again about this parcel being improved, when in fact the picture that was shown to you by the artist or the land use architect last week is, again, only one use that can be allowed. The Colonial Corners if you change the zone the following uses can be allowed. Look at the table of use, a gas station by Special Exception, a car wash by Special Exception, a bar by Special Exception, a fast food store, Ceneral Business permits all of these uses. Now, I don't think that, and going down street tonight I saw a lot of, you know, a lot of those fast drive-in, drive-out gas station, very flat architecture, very ugly. I just don't think that is going to be an improvement on Colonial Corners. That would be allowed as of right. Mr. Mullen may say, no, today he won't do that, but there is nothing in the record in writing saying that he can not do that as a matter of right, and it Is also has been misleading the applicatlon to say that somehow SEQRA would protect you later. Once a zone is changed SEQRA can modify a little bit, soften them up, but when pg 5 - PH official duties solely in the public interest. They must avoid conflicts of interest, or the appearance of conflicts of interest to the greatest extent possible. I submit if any Board member has business dealings with the Mullen Motors car dealership has received funding for election of an,/ significant amount, has any kind of vested interest like that, under the Ethics Code I would submit that must abstain from this vote. So, I would ask all of you to examine your own dealings with Mullen Motors, and see whether or not that is the case. That may or may not be the case, but if it is must abstain under your own Ethics Code. If you abstain you will still need by law those five votes. Another point procedure I would like to incorporate into the record, the testimony at the last hearing. I think is October 12th, and all the written material related to Mullen Motors car dealership. When I looked at the testimony of the many speakers at the last hearing, and again, the arguments simply did not raise the level that is necessary for a change of zone. Most of the argument seems to center around the Mullen Motors being nice fellows. Them being in the community a long time, having the integrity, being good businessmen. No one takes issue with that. That is 100% correct, but is not standard for a change of zone. I would submit certainly the residents in the neighborhood have similar wonderful attributes. This is not some popularity contest on change of zone. Some mentioned that Mr. Mullen has a right to a change of zone. That is absolutely wrong as a matter of law. If it was a subdivision, then it must be processed according to zoning laws, or if he met the standards for uses area variance, he might have something as matter of right, but a zoning change like this is certainly an absolutely not a matter of right. It is entirely discretionary with the Board, but we know this, you can't spot zone as a matter of law. That is treat the Mullens favorable because you like them. That would be illegal. You must act consistently with your comprehensive plan, or it is illegal. You know that you actually can not be arbitrary and capricious. So, one would hope that in looking at this change of zone you are going to do something that is the best for the community. Anything else, I submit, would be arbitrary and capricious, and I believe we have made a favorable case that change of zone is not in the public interest. The last thing I would like to emphasize is the Mullens are contract vendees. They don't own this land. People were arguing that they have a right to expand this business. They have been there. They don't own it. It would be like me having a piece of property next door, gee, nice property, residential, I think I would like to buy that, if that was zoned industrial. I write my contract, and then I have this arrangement. Anyone of you, I mean, if we all picture our own homes, and most of us are in residential neighborhoods. I think many of us would be very surprised if the residential plot next door suddenly went into a car dealership, and I think we have to ask ourselves how would we feel if tomorrow I went home to my own home, that I invest all my money in, and I loved dearly, and all of sudden, boom, it changed the zone. There is nothing here as a right. Mr Mullen, it is pre-existing what he has. Be has gotten a lot of favors in the past. We are not arguing with that, but certainly he doesn't own this yet. It is not his property. No one is stepping on his rights. He is a contract vendee. I hear the argument, also, in the testimony that somehow granting this change of zone would be good for business. I have done a lot of work in the different hamlets, and what the planners are now generally doing, especially in resort based economies, that keeping your hamlet beautiful, and qualnt, and small town is good for buslness. Why is that? People are going to go for more expensive things, cars, etc., up pg 7 - PH received a communication recently from the Suffolk County Planning Commission, and in fact, you did. It is marked yesterday. SUPERVISOR COCHRAN: Yesterday afternoon, I believe, we received it. STEVE ANGEL: It's there, and I read it, and what is interesting about the Suffolk County Planning Commission letter, a lawyer that does a little bit of this work, is that indicates that it is a relatively small piece of property, the Suffolk County Planning Commission weighed in favor of approval. It said, approve this application to change the zone from HB on both of those parcels, both the Colonial Corners parcel, and the vacant parcel behind it, which we did not propose initially, and the major condition is that the Mullens or whoever owned the property decided (static) Colonial Corners they would have to use the property adjunct to the existing dealership, so all of those issues Ms. Zenck mentioned, about all the different uses in the Zoning Code that may available in the future are foreclosed by that Suffolk County Planning Commission. They want us to issue a convenient that if we do changes the use of the property in the future consistent with new zoning if you pass it. The only thing we use it for is something in conjunction with the existing dealership, and the Mullens are will to accept that condition. I want to add something, and this is something I suggested to the Mullens, and they agreed to do, and I don't know whether it will satisfy our opponents, and I am hoping that you will consider it in the spirit in which it is given. One of the concerns that I heard from the opponents was this concern about aesthetics what it is going to look llke in the future. Now, we know that the Suffolk County Planning Commission the uses on the property, ]f you decide to paint it, and the Planning Commission's conditions will be very limited. But, the Mullens are willing voluntarily offer an additional condition, and they are willing to, if the Board wishes it, a covenant that in the event of any development in the future of this parcel that is different from the existing Colonial Corners development will place a vegetative buffer, let's say fifteen feet in width, running from the corner all the way to the existing vegetative, that we propose for the parking area, so there will be no commercial development directly on Locust Avenue, and that would be an impact on any development in the future. There are no plans to develop the Colonial Corners property, but I can tell you that they are willing to commit that if they decide or their successor decides twenty years from now to go ahead under the rezoning they are limited. They will not develop that portion right along the road, so that the commercial development will be (static) to the people on Locust Avenue, even though across the street is 7-11, which has no buffers, not the last time I went there. Look at my notes. My problem is that when do this late at night, you worked all day. My eyes getting blurrier than usual. When we were here last there was also a series of cQrrespondence that you will find in the file, whether you review it tonight, or you are going review it afterwards from Mr. Voorhis, your environmental consultant, traffic consultant, and there is some discussion of the Environmental Quality Review Act. I think it is fair to interpret or fair to conclude from Voorhis' statement that he didn*t think it was necessary to do an Environmental Impact Statement. He felt that, that extensive part 3 in the traffic report prepared by our consultants submitted to him was sufficient. He wrote these certain conditions that I don't want to go through, but they were in the record, and they would clearly set forth in correspondence, responding to those, certain questions pg 9 - PH SUPERVISOR COCHRAN: We won't be acting on this tonight. ARTHUR DiPIETRO: As I stated a little bit further away from the microphone, my name is Arthur DiPietro. I am an attorney. I maintain offices at ~1 Sunset Avenue in Westhampton. I represent Richard and Gall Frederick, neighbors withstanding in the immediate neighborhood in opposition to this petition for change of zone. A lot has been said at the last meeting what has already been said tonight. I will not rehash each and every thing. In the name of efficiency, and in the name of accuracy I have prepared a memorandum on which I am going to submit to the Board. I have copies for each member of the Board, the Attorney, and a copy for the Town Clerk to be made part of the official record. There are several points that I have made in that memorandum, and I am not going to repeat them or read from them. As you can see it is broken down into categories, which I believe address general zoning concepts, specific portions of your Code that are extremely germane to any responsible review of this application of this application, and some conclusions and recommendations I have drawn from the record. A couple of things were said tonight that kind dovetail with the thrust of what I believe I am trying to achieve in that memorandum. Ms. Zenk talked about the Mullen business being a preexisting use. Mr. Angel talked about it being a traditional use, which over the past seventy some odd years has literally grown with the hamlet of Southold. I acknowledge that. My clients acknowledge that. I will never issue one breath to say that the Mullen business should pack up and go away, but one of the things that has not been addressed, and I read something in the newspaper recently that kind of adds an emphasis to alternative possibilities. One of the most important things under the State Environmental Quality Review Act in assessing the significance of the proposed action is to consider alternatives, and to consider acts of mitigation. You have a Zoning Code, and a Comprehensive Plan. Integral to that Zoning Code and Comprehensive Plan is a rational distribution of zoning use districts throughout the town, and a rational classification of uses which within each of those given districts, to create, as I believe the state and most towns enabling legislation says, the orderly growth of the community. There is a reason why automobile dealerships are not in the Hamlet Business zones, and they are in the General Business zone. As I alluded to in my memorandum you are right up to your elbows in a very, very difficult, and vexatious, and somewhat controversial rezoning consideration of the North Road. The interrelationship between what you do and do not do on the North Road, and what happens in the poor traditional hamlets is in intimate relationship. Also, at the fringes of your hamlets you are considering a zoning flexibility that perhaps will be a receiving area for things that you no longer feel are no longer appropriate on Route 48, and for things that you no longer feel are appropriate in the hamlet core areas. At the last meeting it was mentioned historically, and I personally don~t have the year in year out familiarity with the evolution of zoning in Southold, that other people in this audience do have, but I picked up on something that at some point there was discussion about the immediate hamlet fringes especially in the vicinity of the railroad right-of-way being a proper and appropriate area for something more intense than Hamlet Business, but not really a great big shopping center out on the highway, or on the Route 25 somewhere between the hamlets. Lo and behold a week or so ago I picked up a newspaper, and I read that Agway is closing the Southold store. Now, I am not suggesting specifically the Agway site. I assure I don't have a pg 11 - PH throwing mud on your own painting. It is not a smart thing to do. It is not a good thing to do, and quite respectfully it is inconsistent with law, and it will be reversed in court. I believe that the applicant must, at the very least, formerly amend it's application to incorporate all the conditions in the Suffolk County Planning Commission Report and Recommendations, to incorporate at least all of the conditions in the various Nelson, Pope and Voorhls Reports. I believe that the applicant is legally bound to have it's consultant address the concerns raised by Mr. Voorhis, and I believe once that application is reconstituted it has to be re-advertised, and I believe any Planning Board report and recommendation prior to that revision and re-advertising is premature, and will have to be done all over again. There is a long way to go on this thing, and I believe the Mullens are beating themselves over the head for no good reason, and there are many, many alternatives where they can llve as the good neighbors, and good providers of good cars, and good service, that their reputation is based on. Thank you. SUPERVISOR COCHRAN: Thank you. I will take three speakers from this side. and then that side. I will start here. Mr. Carlin? FRANK CARLIN: Good evening, ladies and gentleman of the Board, Madame Supervisor. Frank Carlin, the watchdog of Southold. When I approached the podium tonight my head was down. I was sad to see what Mullen Motors are going through here, because I normally approach the podium with more or less a smile on my face. I stayed at the last Board meeting on this public hearing until about 9:30. I had to leave, because I was leaving early in the morning, but believe me I know what took place until the end. So, I have my own comments tonight on some of the issues that were said that evening, if I may. One thing before I start, somebody that come up..l'll put it this way, I never went before the Town Board, and say to you, you must reject this automatically. I never do that. You have to listen to all the facts. That is like going into a courtroom, and telling the Judge you are guilty before you listen to the facts, and I am going to use four steps, experience, logic, common sense, and reason. I will start with experience. I lived in this town for forty-six years. In fact my wife bought her first Plymouth, 1951, brand-new car from Mr. Mullen, and she said to me, that the service was excellent, and it continues on to this day to be the same. The issue was brought up at the last meeting about the lighting in the parking lot. This building is situated the same way as the parking lot is, south, north, east, west. The south side there is two lights, halogen lights facing down. West-north corner is one light facing down at 45 degree, and then at the center there is one light facing down at a 40 degree. The north side there are five lights facing down at a 1~5 degree, all into the parking lot. There is one house there, that I can see that has any kind of reflection on it, but the lights go off at nine P.M. Perhaps in the summer they are not on at all, because the days are longer. Car carriers were mentioned at the last Board meeting. I don't think anyone mentioned that car carriers are restricted to 6 P.M. in the evening. I was going to ask the Board this question, but I won't make a reply, but I am going to say it anyway, but I am going to leave it up to your conscience to make a decision on this. Parking areas along Cottage Place, all the cars are parked along Cottage Place. It is mentioned at the last Board meeting. Don't you thtnk that using logic that if the man had a decent parking lot the cars wouldn't be there. To me that is logic, common sense and reason. pg 13 - PH if you would use common sense you would find that the (static) should have his parking lot (static) why he shouldn't. That is about all, but it is always easy for somebody to say to do something if we won't do it ourselves. The attorney from Westhampton there, I don't know the gentleman's name, saying Mr. Mullen he should move over to Agway and all that. Well, maybe he should move someplace. Maybe he should move to Southold. SUPERVISOR COCHRAN: Let's not get personal. Let's just state what you have to say, Frank, and I am going to close you down here in a minute. FRANK CARLIN: I got one more thing, and I can't leave one more time without giving McDonalds a shot. We went through this in 19L[1 with public hearings on McDonalds, three public hearings. Please, let not have it develop into another one. Give the businesspeople a little slack. They have to survive. Give them their fair slice of the pie. Thank you. SUPERVISOR COCHRAN: Thank you, Frank. Anyone else? JOSEPH LIZEWSKI: I have a couple of new concerns. I think in the last eight years Suffolk County Planning Department always issued a statement that always said that this a matter of local concern, and I think this is the first time that I can remember that the Suffolk County Planning Department has mettled in something in Southold Town. I just want to remind this Board that it is the purview of this Board to make this decision without the Planning Board, or without Suffolk County Planning Board Department. It is your problem. The conditions you want to put on it are yours. You can listen to them. It certainly doesn't hurt to take their advise, but in all honesty it is a legislative decision on your part. I hope that this does not continue where we are listening to the Suffolk County Planning Department, which doesn't have usually a say in anything that is local like this. I think this is a big step. Like I said, I don't remember hearing from the Suffolk County Planning Board in this manner, ever, on a zone change. This is a first, and it could be a very dangerous precedent for the future as far as you making your own decisions for the people of Southold. The other thing I want to say is that I don't think Mullens is goir~g to go away. It is just going to get more crowded if they are not granted the zone change. The problems will just become greater, and I find it deplorable that someone would think that somebody should move because their business' is growing. I find it hard to believe that anybody would even consider telling somebody to buy property somewhere else or to expand in another manner, when this is so close. Why should anybody be forced to stay small, and limit their American way of making more money. Thank you. SUPERVISOR COCHRAN: I Will take one more here. GEORGE CAPON: George Capon, Greenport. I am all for Mr. Mullen. I got two things I want to say about what Dick did for me. Back around six years ago Chrysler had a strike. I was getting ready to go on vacation, and I didn't have no car. My car was in New Jersey. Dick said, don't worry. I will get your car for you. A week later he sent two men to New Jersey, went through the Picket line, and the next day my car was In Southold at Mr. Mullen~s. One other thing, I bought a car from Dick, and pg 15 - PH hamlets. It is a decision that you folks have to make. It can't be made by anybody but you. 'It can't be made by consultants or attorneys from out of town. It is by you sitting here. The conception has to be that you want to encourage business in the hamlets, because we rezoned some of the land on ~8, so the business will go back into the hamlets. I don't know what Southold would look like without Mullen Motors. It has been there since I have been here. I bought a car in '59. Picked up a new pickup on Saturday. They are highly thought of, and the idea that some of the attorneys mentioned that you have to consider SEQRA and everything else, and consultants' reports, and everything else, and you do. Definitely you do. If they are going to challenge illegally, they are going to challenge illegally, but you have got to stick up for local business, and it is legitimate growth, and if there is between Braun Oyster Company, and Dick Mullen's car dealership, we have two of the best and biggest businesses in the town, with ti~e best paid employees, and they without peer, and why this is takin9 so Ion9 is because of failure of the resolve of the Town Board to get this done. That is the only possible explanation that I can see. Ms. Zenk is going to be on the Southampton Town Board, and she is going to have to make zoning decisions. I hope she makes them, and the guys..the townspeople, but Dick Mullen deserves the zone change. It is common sense. He should get it. It should have been done before. You canlt listen to consultants forever no matter where they are from, including the Suffolk County Planning Board. Thank you. SUPERVISOR COCHRAN: Thank you, Tom. I would just like to make one clarification in relation to the length of time. I believe the application was with Mullen's attorney and himself for two years before it came back to the Planning Board. Just a clarification. Yes, sir? STEVE ROMEO: My name is Steve Romeo. I look at Mullens as part of this town the same thing just llke everything else. We had a post office here that had to move and grow. We had a Town Hall, had to buy more property behind it, more property again. Bought the house next to it. It grew. The school is growing. I mean I don~t understand why Mullens can't grow logically right next to it just like everybody else has. That is all I have to say. It is a great business in this town, SUPERVISOR COCHRAN: Thank you. Jim Gray? JIM GRAY: Good evening, Town Board, and congratulations. My name is Jim Gray. I live in Orient. I would like you to kind of consider something that you have with Dick Mullen. I have an office on the Main Road, also, and in the past two years there have been three accidents there. About the same time the police get there he shows up with a pickup truck, and a fellow with a broom. He cleans up all the broken glass. He doesn't even tow the car away. The two cars drive away, but he comes down, and he cleans it up. He cleaned it right up in front of Wayside. One day I went down there to get a sandwich, and he is out there sweeping up an accident, and that is the kind of business we want in town, somebody that is dedicated to help somebody else out in town, and I am really in favor of giving them a break. He needs a parking field. Let him have it. SUPERVISOR COCBRAN: I have Mr. Costello. pg 17 - PH customers. I hope that the Town Board will look favorably upon his appeal. Thank you. SUPERVISOR COCHRAN: Thank you. FRED MARTIN: My name is Fred Martin from Southold. I think at the last meeting I pretty much stated how I felt about things with the changing of zone in the areas, which has been brought up again tonight. That being said and done there is no sense in rehashing over it. I don't want to take up everybody's time with it. The reason I am here is Helen Prince has written a letter to the Board, and she has asked me to read it. I would like to give you a copy, and I ask your permission to read it. Helen Prince, 1165 Founders Path, Southold, New York 11971. November 9th, Southold Town Supervisor and Members of the Board, Main Road, Southold, New York 11971. Everyone should know the history around them, and how it repeats itself, for better or worse. Mullen Motors has been on Route 25 for 73 years. Hobart Road, Cottage Place, and Locust Lane was developed well over 100 years ago. The east side of Founders Path, and the west side of Shipyard Lane was completely built up before World War II. The Mary Dayton estate consisting of two farm lots in the center was built up immediately after, and well before Mullens flourished and starting buying the surrounding houses and acreage. I take this from Helen Prince, and not me. I have been married and living here for more than 59 years. That means I have seen Mullens through three generations of growth. Originally they were a gas station on the north side of Route 25. The first building on the present site was small. It had a curb, grass and sidewalk along Route 25, but they removed it. There was once a well defined walking area along Cottage Place. Gone. At first the Mullens carried on their business pretty much inside their boundary lines, but with economic times they expanded, and this grandfathered business was granted multiple variances, and zone changes, one after another. Each application for a variance or a zone change was accompanied by a site plan promising attractive trees, evergreens, flowering shrubs. Never, never, never were these site plans carried out. The files at Town Hall are littered with their site plans. Those were Mullen's promises, all broken promises. With Mullen's growth their business has appropriated public domain on both Route 25 and Cottage Place. All walking areas are gone, replaced by a wide driveway with five service bays, 12 rotating pull in, back out slots on Cottage Place. Mullen Motors, a business, has arrogantly appropriated public domain, and not been held accountable. These service bays facing Cottage Place could not have been built without intending to use the road to do business. This is their history. Should it be repeated? Now, we come to the big clinker and it's threat, one, Mullen wants more space for parking cars. Two, the present owner of that space won't sell without selling Colonial Corners, and the many needed shops along the road. Three, Mullen won't buy the two properties unless the Town grants a zone change on Colonial Corners. He says he has no present plans to tear down Colonial Corners, so why is he asking the Town to facilitate the sale? Is the Town being asked to go into the Real Easte brokering business? Two years ago Mullen said he wouldn't tear Colonial Corners for five years. Now, he implies that for years to come he wants to be a landlord collecting rent, hlrlng tree and lawn services, meeting emergencies by having plumbers, electricians, and carpenters on call. This is just another promlse to go the way of all others. If not a landlord, his alternative way would be to put the shops in pg 19 - PH CHRISTOPHER O'CONNOR: Neighborhood Network has been an organization that has worked on land use problems, overdevelopment, pine barrens preservation, in Nassau and Suffolk County. Now, I am one of those up-islanders that, you know, you have heard some people talk about. Even so I consider myself out east. I live in Selden in Brookhaven, and I have spent all of lifetime in Brookhaven, living and growing up there, and I have seen my town piece by piece get developed. Some of you might have, come to my town to go to Davis Peach Farm, and picked peaches. It is now going to be condos, one hundred and eighty-eight acres of condos. Some of you might have gone to the horse stables, or the trails, and seen it slowly, slowly be developed. Now, businesses have a right to grow. Businesses have a right to be profitable, but not at the expense of the quality of life of a community. Now, Mr. Mullen, everything I'm hearing is probably a very good corporate citizen for this town, and has served the population in this town well, but when you set precedent to open up development here, what is to stop it in Orient. What is to stop in Mattituck. What is to stop it again in Southold. Each time you do that a little bit of your town is lost forever, and to date I have never seen a tree grow from asphalt. I have never seen asphalt farmed, and I live in a town that is losing it's value, and when I come to Southold I see a very beautiful town. I see a town that I would be proud to live in. I see a town that has many of the aesthetics that every American would like in small town life. You have something worth preserving. As a Town Board you make a determination here. You will decide whether there will be a granted application or not, but you will set a precedent, and people will come before you in the Town Board if you act in the affirmative of this, and say, well, you granted Mullen his application why not me? It will be again and again, why not me? So, the picture is larger whether Mullen Motors deserves to be expanding. It is about what the town will look llke in the future. Now, as we enter the new millennium you are facing the same fights that towns, small towns, are throughout the country. What will you look like in the next century? You are being asked in part to determine that right now, what we took like. Thank you. SUPERVISOR COCHRAN: Thank you. Mr. Nickles. JOHN NICKLES: My name is John Nickles. I live in Southold. I have a business in Southold on the Main Road. Recently, as you all are aware, we had a lot of discussion in town last year about Route 1~8, about containing businesses in specified areas, about the preservation of the Main Road Hamlet Business area. As someone that has been in business on the Main Road, and my mother before me, I wouldn't know what the Main Road would be like without Mullen Motors. It is the anchor store of the Main Road in Southold hamlet. If you want to know how things are in Southold, go to Mullen Motors. That is where the pulse is. You have heard people talking about Mullens as people, and may not have anything to do with zoning, but it has to do with Southold Town, because it is the people. It is the people, Mr. Mullens, the people that are working for Mr. Mullen, that is our town. They are the heartbeat. They are the people that provide the services. That give you that rural town feeling. That is what it is all about. We are worried about keeping the hamlet business going, you better keep Mr. Mullen in business there in the hamlet. To survive he has to expand. You want to move him to the North Road, and take the business up to the North Road, we want him to stay here as a businessman. As a pg 21 - PH that, because it has nothing to do with the zone change. What it does have to do with, in my opinion, is the high quality of life, and the value of my property. I summarize it by reading the letter, if you like. SUPERVISOR COCHRAN: It is entirely up to you, sir. It goes in as part of the record, but if you would like to read it. It is short. You certainly may. DICK FREDERICK: I'll stick to it. Members of the Southold Town Board, this letter will confirm my opposition to the zoning change request by Mullen Motors in Colonial Corners area. I previously expressed my opposition to this zoning change in a letter to the Town Board on 13 March, 1999, and more recently, at the public hearing at Town Hall on 12 October, 1999. The zoning change if granted would be an open door to the generation of the Main Road in the hamlet into a Jericho Turnpike of Southold. I would not like to see this negative change i~ the quality of life and the character of the hamlet as we know it. Those are among the reasons we live in Southold. It would also certainly have a negative impact on the value of my property. How does the Board decide that my property should be devalued for the benefit of a private company? As I understood the legal presentation by the attorney for Mullen Motors at the recent hearing the physical change being sought is to convert a vacant lot in the neighborhood to a parking lot for Mullen Motors use. I would like to know why such a converting requires a zoning change? In it's deliberation and decision on this matter, I sincerely hope it will be possible to develop a plan that will serve the needs of business in the hamlet, in this case Mullen Motors, without adversely affecting the quality of life and the property values of the nearby residents. A car dealership on Horton's Lane seems to me to be a good example of planning. It serves the needs of business without being detrimental to the character of the hamlet. In the interest of preserving the integrity and character of the hamlet, please deny this zone change. I will make one other comment, and I heard several people say this tonight, that they would not like to see this town without Mullen Motors. In my mind there is zero chance that Mullen Motors will go away. I simply don't want to see the zone change. Thank you very much. SUPERVISOR COCHRAN: Thank you. Is there anyone else who would like to address the Town Board on this side? If not, in the center? Anyone like to address the Town Board on my right, your left? Anywhere? Pros or cons? Yes, ma'am? I will take your comments, and then I will close the hearing. CAROLYN ZENK: I thank the Board for taking the time to listen for so long. My name is Carolyn Zenk. I am the attorney, once again, for the Sanfords, and the folks living around Founders. Earlier on counsel for Mullen Motors gave some rather strange advise. He basically said, allow the change of zone with all the new uses, but then have the condition that doesn't allow the varied uses you just allow by change of zone. I have never quite heard legal advice like that. It just doesn't make any sense. When you change a zone certain uses are allowed as a matter of law. I don't think you can then covenant to get out of the things that are allowed as a matter of law, I think you are going to find yourself In a terrible legal quagmire if you do that. I have never seen that done in fifteen years of work. Then there is a question of precedent. Will there be other applicants pg 23 - PH said, we lose our (intelligible) bite by bite, step by step, and it seems like he has been allowed quite a number of exceptions and ar~ances, and V that is to the good, and we are not even saying, take away those. We are not saying put Mullen Motors out of the hamlet. We not saying take away all those special permission that he got. He has all of that, but the question is, where do you stop, and I think you certainly stop here. As the saying goes pictures speak louder than words. I do have a number of pictures I would llke to present quickly, and ask Melanie to help me, so I can use the microphone. I will do the best I can. What I will do is present them to the audience, and then give to the Board. SUPERVISOR COCHRAN: Would you present them to the Board, please, only? CAROLYN ZENK: Yes, I can do that. F~rst there is the character of the neighborhood. Our argument here is that we feel that the character of the neighborhood is primarily residential, and we do have the Founders Estate in this set of pictures. We have Cottage Place and Locust Lane, and you can basically see when you take a look at these pictures that we have some very quaint saltbox houses, beautiful little porches, nicely landscaped area, so we do have a nice residential area there. She will do a Vanna White. She will walk past. We will ask you to take a closer look at those later. SUPERVISOR COCHRAN:, Ladies and gentleman, please. Ms. Zenk, would you please direct your comments and the pictures to this Town Board? We are listening to the hearing. We are the ones that are going to debate. We are the ones that are going to make the decision. We are here to take input from the public and yourself. Please, to us only. CAROLYN ZENK: My concern was the cameras. SUPERVISOR COCHRAN: You are not here to play to the camera. Present it to the Town Board, please. CAROLYN ZENK: For my second less controversial picture, there have been quite a number of residential homes removed from the area, that were attractive, and they have been demolished for a car lot. We have an early Colonial home which was removed from the Main Road. We have a Colonial saltbox home removed from the Main Road, so you can already see the beginning of some deterioration to the area, and I will submit that for the record. In the hamlet business district is very attractive interest in town, and we do in this illustration show a number of the attractive buildings in the area, including the Federal inn and restaurant, the converted Creek Revival home, another converted Creek Revival home, and a number of other buildings, the Colonial Presbyterian Church, Currle Bell Museum. These are very beautiful areas, beautiful museums, and this district is characterized by that. That is the zoning there now. As our next exhibit Colonial Corners hamlet shops, which are very quaint, and this is the area that the applicant is asking to be changed from the Hamlet Business zoning to the General Business Use. Our concern is that some of these beautiful shops will be taken down, and they would be allowed to be taken down as a matter of right, so we are submitting for your consideration. These kind of areas, the residential areas, and the Hamlet Business zone contrasts with the General Business Use. Here you see the Mullen Motors car dealership. pg 25 - PH an impact statement is for. In summary, I don't see any benefit of this change of zone to the community at large. I think it is going to have a negative impact on the environment. I think it would be bad for business. I ask that you deny it outright, or certainly at a minimal, very minimum you should require an Environmental Impact Statement. Thank you SUPERVISOR COCHRAN. Thank you. I will give Mr. Angel equal time, and then I am going to close it down, if it is agreeable with you folks. I mean after awhile, you know, so much of this has been said in the first hearing, and I don't want this to be a give and take between attorneys. We know our job, and we know how to make the decisions. STEVE ANCEL: I don~t want to be paternalistic, and tell you what looks best, and doesn't look best. Under SEQRA you are supposed to take a hard look. That is the legal standard. I think if you looked at my letter I think this is technically an Unlisted Action, a~d you have many alternatives of the SEQRA, and I am sure Mr. Yakaboski will advise. In my opinion given the extent of the rezoning, which is really a small piece of property. It is not all Route ~8. It is a small piece of property on Main Road. I think we took the hard look. I want to take this opportunity for like two minutes to deal with a couple of cheap shots. The issue about covenants, well, the issue about covenants is not a decision that was made by me or the Mullens initially. It was a decision that made because of recommendations made by your own Environmental Consultant, and by the Suffolk County Planning Commission. They have in their wisdom, and with their experience, they have suggested certain covenants, and as I told you, Mrs. Cochran, we are willing to do that. We are willing to abide by their determinations, wrong or right, in order to get this thing going, and get it resolved. We are willing to accept the limitations, and I say, we. I think the Mullens are willing to. I am just their spokesman. We are not making an application for a use variance. The use variance is before a different board. The use variance standards still apply. We are making an application for a zone change. I really have nothing more to say. I mean, I think it is a good application. I agree that we shouldn't deal with personalities. We shouldn't deal with who is a good guy, and who is a bad guy, but what we should deal, or what the Board should deal with, or what the community should deal with, is an existing business, an existing problem, a business that was there before zoning that continues, that is successful, that is important to the community, that is supported by the community. You have to make a legislative decision. You have to take into consideration all of the economic, and social, cultural that are reflected in Southold. I think if you weigh them you will see that this is some relatively minor application, which has been mitigated beyond belief. As I said I don't want to be paternalistic, but I think that we have a reasonable request. It is not something dramatic. We are not trying to do something secretive. We are trying solve a problem, and provide a possible way of growing within the community, and I think it is appropriate to grant the zoning change from a legislative viewpoint. Elizabeth Neville, Town Clerk Southold Town Hall Southold, NY 11971 November 8, 1999 RECEIVED NOV 9 1999 Southold Town Clerk Re: Minute Corrections for Mullen Motors Public Hearing 10/12/99 Dear Ms. Neville: Thank you for finding the two missing pages (19 & 30) from the Mullen Motors October 12th 1999 hearing and making them part of the Official Town Clerk File. After reading the typed minutes, I was surprised to find so many typographical errors --many of which change the meaning of what was said and the identity of some of the speakers. Please amend the October 12th Minutes and incorporate these corrections into the Official Town File so the minutes reflect an accurate legal and historical record. Thank you again for your time and attention to this very important matter. Sincerely, Melanie Sanford Locust Lane Southold, NY 11971 P.S.: Aisc enclosed is a video tape of the Octoberl2th hearing (used as reference for corrections). Please make it part of the Official Town File. PUBLIC___~ARING SOUTHOLD TOWN BOAKD October 12, 1999 8:20 P.M. (scheduled start time) 10:05 P.M. (actual start time) ON THE PROPOSAL TO AlV[END ZONING ORDINANCE AND MAP, SCTMg 1000-62-03- 22.1 AND SCTM# 1000-62-03-24 1 Present: Supervisor lean W. Cochran lustice Louisa P. Ev~ns Councilwoman Alice J. Hussie Councilman William D Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Supervisor Cochran: The public notice will be read by Councilman Moore. Pursuant to section 265 of the Town Law and requirements oft_he Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 8:20 P.M., Tuesday, October 12, 1999, on the proposal of Richard F. Mullen 111, and Williara H. Mullen, to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone fi.om Hamlet Business District (HB) and K-40 District to General Business District CB) Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. This includes a full legal description of the prol~'t'y. This application was published in the Suffolk Times, and was posted on the Town Clerk's Bulletin Board, and correspondence as follows: fi.om the applicant's attorney postdated October 7, which the Town Board received, addressing certain issues under SEQRA, postdated September 22, 1999, a petition fi'om Save Colonial Corners - Stop Suburban Sprawl signed by area residents, a letter from Alan Smith, Esq. representing abutting real property owners, application requires letters of referral fi.om the Suffolk County Planning Commission - responses required prior to the hearing, in review the Town Clerk's file does not show a response to the Suffolk County Planning Commission, therefore the meeting will be adjourned until the Planning Commi$ion's response is received, a letter dated August 18, 1997 also bom ARomey Smith, a l~ter dated October I0, 1999 from Nelson, Corp, and Quartes in response to c~rtnl, conditions ~ -_~ordin8 m the SEQRA de~r,~;-.tion, the notice of publio hearing, a memorandum from Carolyn Zenk received August 1, 1999, correalxmdence dated May 24, 1999 to the towns environmental consultant, a part 3 environmental assess~fient form from Furenthal and Elkowicz consulting groups, April 1999 Public Hearing 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Is that everything? This hearing this evening will not be closed tonight. I will keep it open until the 9ta of November. The reason being that we have not yet heard from the Suffolk County Planning Board. You're more than welcome to express your feeling this evening. I will not close the hearing, it will continue on the 9t~. You will have the opportunity at both sessions. Is there anyone who would like to speak either for or against in relation to the Mullen zone change. Mr. Stephen Angel, Esq. (for applicant): Because this is an application that's being made, [ thought that I would try to scm out the meeting by letting you know a little bit about the application. Sort of summarize and introduce the people who've worked on it. As I said before, my name is Steve Angel. I'm the attorney for the applicants. What we have here tonight, in case there are any questions for the Board, Tim Rumpf of Aris design who's a landscape architect. He prepared a plan that's part of that environmental assessment form, part 3 that you have received Terry EIkowitz of Flyod, Woh[, and Etkowitz Associates, who's the author of that particular study and Ron HiIl from Dunn Engineering who's the tra~c expen who prepared the supplement to the part 3 to the EAF, which again, has been presented to you. Now all of them are here to address any concerns. I'm going to ask Tim after my brief comments to be recognized by the Boaecl so that he can show you what the anticipated usage is of the property in question. Really even though this apparently is a matter of some controversy, we're dealing here with a relatively small parcel. It's 1.24 acres in totai. The application is to change the existing 1.2 acre parcel from its HB and R40 residential zone to B, General Business. No changes are posed to the northern portion of the site, which is currently I-IB. That's where the Colonial Comers is. There is no application, nor any intended application to alter the current configuration of that portion of the properly. What is proposed is that there's a .31 acre parcel, less than a third of an acre parcel that's currently R40, by the way, it's ail one parcel, two individuals, but together. That .31 acre parcel is anticipated to be used as a parking area. It's a parking area that's going to be completely buffered from the surrounding existing residential properties on Locust Ave. It will only be entered from the existing parking facility behind Mullens which currently comes in from Cottage Place. 36 some car places in there. There'li be islands that will be landscaped. There will be a buffer wall around it with very substantial landscaping. I don't want to say it will look better, but I think k will look better than it does right now. As I said, Tim Rumpf is here. He's designed a very complex, very expensive, what I think, very beautiful plan to screen t~t from the existing residential property. It will look better ~ it does today. Now what we're proposing is not that dr~mntic. The existing zoning the Mullen property, the current Mullen dealership is B. To the east, we have the property which we're here on tonight, which is HB and R40. To the east of that, across the street we have a 7-11, which is B. We have a lib sandwiched between two existing B parcels, h would seem not very dramatic to change these business uses slightly to make them consistent. I think it's good planning. I think it's consistent with the Rt. 48 study that we've all been hearing about. Actually participating in, as you know. Whether you do it or not, the planning concern of Rt. 48 is to maintain those visuai and agricultural vistas and reduce the mount of existing business zoned property up there. What we have here is - it used to be area that the Rt. 48 planners want. They want this particular area, the existing hamlet, and areas next to the hamlets to be the areas where the commercial uses should b~ l'~ther than in the areas that may bc changed dramatically by n~v commercial development. I ~ve outlined a few areas in thaPa. 48 pl~,~,~i,,g documents where I thl,k I ~ po.la}., to thee particular goals, but I'm not going to give them the time. The fact that we're ~,o~ tb be here again - I'm not going to quote them to tonight. I would also point out that the application that we're making is not one sided, and it's not to expand necessarily the business uses. It's to bring this proper~y into conformance with the existing business zones on both sides, and to allow the Page 2 Public Hearing 10/12Y99 Mulleu Motors Zone immediate use oFthe southerly portion for parking. Now I found an example that I want to point out. Oi~e can look at the application 2 ways. In effect, if the Board were to grant this particular application From lib to B, it's not purely au expansion of existing uses. It maybe, in fact, pulling away some existing uses that are available in liB. I was looking at the pen'nitt~d uses in both and B, and I real}ze that ii'you wanted to have a Fast Food restaurant, you could have {t in liB, but you couldn't have it in B. What we're asking you to do is not to say that you're expanding all commercial uses on this property, we're just saying, make it consistent with what's there ah-eady. And in fact, for some people this may be considered limiting in today's society. You all know the Mullens; they have had thek business there for 73 years in the same location. They employ 29-30 full-time employees. Their employees make a real living at this place. They are in need of expansion of parking, dramatically, as I think everybody here would agree. They are a healthy business in downtown or close to downtown Southold. Downtown Southold has not been as healthy as it should be of late. They've gone through tremendous expense and tremendous time in trying to make this as attractive an application as they could possibly make. Only one other thing before I sit down is - I want to make a brief comment about the environmental SWQRA. There was a letter, I believe it was written bv an environmental consultant back in May in which characterized this particular process as a T~pe 1 action. In my most recent letter which Mr. Moore recited when he talked about the correspondence in the file, I said that'I don't think that that's correct. I've looked at the Type 1 list which, for those of you concerned, those actions are going to have a significant effect on the environment. We don't fall into any of those Type 1 categories. I'm not going to go through them alt, but there's a whole list of them in part 617 section 4. I've looked through them very carefully and I'm sure if you asked Mr. Cortes to go through them very carefully, he would agree with me that tiffs is not a Type 1 activity. Moreover, if you look at the criteria for det¢,',,ining significance, whether to issue a positive deck, as you people say, or a negative deck, I tkink you'd have to agree with me that what we're dealing with here is a very minimal change. A 1.2 acre parcel with current plan to alter .3 acres of it is certainly not the type of threshold that would require them issuing an environmental impact statement. I think that we've gone beyond what was required under the letter of the law and have done a detailed plan in detailed environmental analysis, both which you have before you. I realize that you're calling people who want to speak.. I'd ask your indulgence, and let me call Tim Rumpf; our landscape architect so he can show you the plan for the parking portion east. He's got a couple of code renderings showing the different locations. We'll sit down - Supervisor Cochran: I'll do this in a way that I'll have three speakers that favor the project, and 3 spe,~akers that are against the project. Because I think it'will move it a little faster and, in relationship to fairness of both sides of the question. So, Tim if you want to - I know Tim because he has served on the recre~iun committee - Mr. Rumpf, if you'd like to explain your plan. Then I'll take one more that's on the pro, then I'll ask for three in opposition. Mr. Angel: All I would like to do is present Tim, and then perhaps we could pick someone From the audience. I believe there are a number of people - Supervisor Cochr~n: That's why there are a lot of people here who would like to 8© home and see the end of the ballgame. I know that. 1Hr. Angel: There are a lo~ of people here on our side also. I'll just ..k Tim to speak and then reserve whatever comments I have until the end. Page 3 Public Hearing 10/12/99 Mullea Motor~ Zone ~nang¢ Supervisor Cochran: Tim. Maybe you should stand on this side as well so the audience can also see at the same time that the Board can see. We can see. Tim. Mr. Timothy Rumpf: Madame Supervisor, members of the Board, and anyone else interested in this application in the audience. My name is Tim Rumpf. I'm president of 3u-is Design. We're landscape architects located in Southampton. We've been asked, by the Mullens, to prepare a site plan for the proposed parking area on the parcel that Mr. Angel has described. Terry Elkowicz who's holding up the plan for me is part of (inaudible) as well. What we've done is I have - before we start of project, I do a site analysis where we look at the existing positions of the plan. The plan that Terry is showing you right now is that plan. You will See Rt. 25 down on the bottom of the sheet. To the left side is Colonial Comers. To the fight is the existing car dealership. Behind that is the existing parking lot. To the east of that shows the parcel that we are dealing with. You'll also see some locations of stumps and trees, Maples that are there, larger Maples that are on the site so you'll get a view of what's going on in the surrounding neighborhood We start from there and then move on to the plan that we've come up w/th. That you have in the environmental document Again. the orientation is the same; 25 is down, Locust Ave. to the left of the site, and Cottage Place to the right. The existing parking lot is to the top right. The proposed parking area is to the left. We'll start with Locust Ave. and work our way east. Going through the ordinance of looking at the landscape requirements and parking requirements the ordinance requires under general business, B. We will comply, and have designed a plan to comply with all the landscape and buffer treatments regarding transitionally yards, front yards, as well as the landscaped islands within the parking area. Actually the landscape islands are twice the size of what is required in the ordinance. You'll see five shade trees that we are proposing along Locust Ave. I anticipate those to start as 3.5 caliber trees. We show a 3 t5. berm along Locust Ave. as well as adjacent to the residential properties to the south of that parcel. You will also notice, which does not exist now as part of the application, that we propose to remove 10 ft. of pavement along the existing parking area, and put in a I0 fL buffer. That is clearly what we are trfng to do. The park layout shows 36 spaces. I did look at some views fi.om Locust Ave. and also Cottage Place. We did some quick sketches. The top sketch is looking fi.om Cottage Place towards the existing dealership. You'll see, to the right of that picture, a proposed land~cape we hope to do on the south side of that existing parking lot. It's a little sketch, supposed to be on Locust Ave. looking northwest. You'll see the shade trees, the berm, and also the under-planting of proposed broad leaf evergreens and deciduous shrubs. The bottom sketch is look/ag fi.om the residential property, showing the berm and also the double line of staggered evergreens. We propose to start the plants at between 8 and 10 ft.'in height. Supervisor Cochran: Thav_k you. Thanks very much. I'm going to take one more for the third one, and then, Mr. Crrossman, I'll call on you. Mr. Terry: Good evening. My name is Raymond Terry. I'm a retired businessman. I'm here to speak on behalf of the Mullen applications. I feel it is very reasonable. I have reviewed the site plan that was just presented to you. Having done business w/th the Mullen family for over 50 years, having no problems with them, I highly recommend the approval the apphcation. I think they are people of their word, and they will live up whatever agreement. Supervisor Cochrstn: Thank you, Mr. Terry. Mr. C. rrossm~n? Mr. Adam Grossman Esq. (against applicant): Good evening Supervisor Cochran, members of the Board. my name is Adam Grossman I'm an attorney, having an office atj~}St Riverhead, page 4 r~lic H~ring 10/12./99 Mullen Motors Zon~ NY. I, along with Carolyn Zenk, sm an attorney representin8 a number of home owners in Founders Estates, a residential community surrounding the Mullen Motors car dealership, located on s/s Rt. 25 near Locust Lane and Cottage Place. I also have previous documents for the Town Board. I wanted to additionally mention that there will be other speakers in opposition of' this application. Iust so you understand who I represent. I will be submitting a written application, I'm reading from it at the moment. I just want to get this information into the public record. In opposition to the application for change of zone made by Richard F. Mullen and William Mullen regarding the property located in the Town of Southold. I believe the public notice specified the tax map number. My clients retained myself and Ms. Zenk in September 1997 to represent them in connection with this matter. For 2 years my clients have been followin ~s~hange application, aad for 2 years, they have been placed in the position of {~)~,o_~~{~~_..j~heir residential community. Despite this, many have characterized their efforts in a negative light when all they have strove to do is to exercise their rights as citizens of Southold Town. I will also be submitting, in addition to the written statement on the application that I'm reading from, into the public record, are several documents which are going to be attached to the including; an affirmation of Carolyn Zenk dated 9/29/97, an affirmation of myself, 10/28/98, memorandums of Carolyn Zenk dated 2/11/98, 6/29/98, 7/9/98, and 8/27/99 Also being submitted this evening is a copy of the protest petition pursuant to Town Law section 265, affidavit or--dated 6/25/98, several photographic exhibits that were submitted ~9 legal memorandum of Carolyn Zenk, and this affirmation. The protest petition itself is also attached to the affirmation, and I'll be submitting a copy of that along with the affirmation that we submitted to the Town Clerk this evening. As the attached submissions attest to, this residential community take the zone change application before you tonight very seriously. At this time, I would like to state objection of procedures for this public hearing. Although this public hearing was scheduled in connection with the zone change application, no written comments have been made by the Planning Board, and no SEQRA. determination has been made by this Town Board. If there have been actions'taken by either Board, though it is my unde,~[anding that they haven't, these actions have been taken Within hours of the public hearing. But that's a non-issue, since, to the best of my knowledge, no such actions have been taken to date. It is my understanding that this public hearing is gi~e this Town Board input. I also have to conunent_._.tlmlll~are so many public hearings scheduled for this evening that it is '"'"~ffea~ o~ mine that this atmosphere will be rushed. I hope that is not the case. This application has been processed for two years now, and I cannot understand why the Town Board scheduled this public hearing vhthout givin8 the public an adequate oppommity to comment on the SEQRA and planning issues associated with the zone Change application. Hopefully those issues can be addressed at the adjourned date on November 9. However, since I'm here before you as are many residents of Founders EsuUes in opposition of this application, I'm going to do my best to cover the issues raised in this application as I see it. I first wish to mention that a zone change is a purely legislative act, and this Town Board is under no obligation to grant the relief requested by the applicants. As a purely legislative function, unlike a special permit or special exception, your decision is purely discretionary. Therefore, I encourage this Board to just say no to this application. There are many reasons this Town Board should deny this application. Not the least of which is considering that this community will be forever changed if you grant the zone chnnge. 'rids is a residential comm.nity SUlTouDdin~ a business use. F_,xpe. usion of a business is what is before you. There are F~mllies who live ha the surrom>~th~g community, who are in no fln,nCially tO pick up a.~l m?v¢ somewhere else as some hav~ suggested in the print yet the applicant could cou~tder other localions v&ich are more appropr{ate loc_a_dom for au expanded car dealership. 'This site is simply a bad location for an expanding car dealership. There are safety issues that must be considered by this Town Board. Children live in the surrounding community And the traffic hazards have not been adequately addressed as I Page 5 Public Hearing 10/12./99 Mullc~ Motors Zone Cha.~¢ will outline later in this affirmation. If there is increased business use tragic due to increased business use, it will undoubted negatively affect the surrounding community. It could result in tragic consequences for neighboring families. The Town of Southold is a tourist based economy. People come to Southold Town to witness the beauty of this special place. Granting this application will change the small part of Southold Town, and make it seem more like a suburban neighborhood. This Town Board must take serious it's obligation to adhere to sound planxting principles, and must focus on the detrimental effect this application would have on this residential community. Having a car dealership, which shouldn't be next to a residential community to begin with, expand worsens an existing problem. It will create visual blight, suburban sprawl, and make this part of Southold Town look more like western Suffolk County. This, in turn, will remove part of the rea.son tourists travel to Southold Town in the first place. Simply put, granting them what they've requested is bad planning policy for Southold Town. Southold, unlike many other towns on Long Island, has had difficulty with area zoned business uses which are directly adjacent to areas zoned residential. As a result, many residents of Southold Town who live in residential communities find themselves surrounded by businesses along with traffic congestion, noise, and late night activities, which ellen cause disruption on a dally basis. These residents, also, on occasion, suffer a loss of property values, and, in some cases, their location makes it nearly impossible for them to sell the residential homes due to the neighboring businesses. This is most certainly the case with residents of Founders Estates who have had t~as Mullen Motors has obtained permission for expansion upon expansion --for an e~sting car dealerskip which is directly adjacent to a residential community. Before c~ going any further, I wish to bring to the attention of the Southold Town Board that on 6/29/98, _eo,,>e'~submit-ted a protest petition made to pursuant Southold Town Hall section 265 to the Southold Town Clerk in com},,ecfion with tiffs application. The filing of a protest petition, a copy of which is attached, which I 11 be submitting shortly, means that tkis town must pass the zone change with 5 <fiiii~l~votes rather than 4 to adopt a change of zone. If there is any question r~gardi~__.n_.~fhi~ajority requirement, either myself or Carolyn Zenk will provide fany turmer~-nformation requested to the town attorney for his information. In addition to your timing of this public hearing, the poor planning policy, the safety and traffic concerns, and the fa, ct that it is a legislative act which is purely discretionary, is an issue of environmental review of this application. It is my contention, and that of ce-counsel, that the SEQR. A. process undertaken to date, in connection with this application ia fundamentally flawed, and subject to a sucx, essful legal challenge due to the failure of the Southold Town Board to fully comply with SEQRA. I_tii~][~ wish to encourage each member of the Southold Town Board to read ~lly the legal memorandum prepared by my co*counsel Carolyn Zenk and submitted 8/27/99. The Environmental Assessment form piu't 3 ~--~ ..'~;'-...--~:~-_-~ ,~')as a matter of law because it evaluates wrong actionfThe action at issue is a change of zone for the existing Colonial Corners ~nter fi.om lib to B, as well asa cha~ge of zone for the lot immediately south thereof fi-om R40 to B. ~valuates only the proposed site plan for a parking lot. According to the applicant, th~le~'~ need for a change of zone is to enable the contract vendee to expand a ~confo~ming use by establishing an additional 36 car parkLng lot to an already ~lighted ~ea. If this were~ in fact correct, why is the applicant insisting on changing the zone of Colonial Corners itself where this is not necessary for the establishment of a parking lot? Carolyn Zenk ~d I submit that the applicators are le~s ttum forthcom, lng. I.f this was truly ~e applicants intent, why take the windC~ll appro~h of chining the zon,ng on two aqaarate parcels of land for more inten~ cornrner~'ial U8¢. Wh~e the.~.ppllcRll:t ve~bs~l~r s~,u'es ~ TowI1 Board that it does not seek any of the uses that the cbanSe of zone would permit, once the zone is changed these uses are permitted as a matter of law. In addition, there are no legal documents on record that would ensure that Colonial Corners would not be destroyed or that the applicant would limit himself to a parking lot The applicant states in hisl~part 3, as no changes to the ) Page 6 The change of zone would be detrimental to local small mom and pop businesses as it would injure the resort based economy by detracting further from Southo~d's small town charm. Nothing detracts faster fram the rura~ uali of o hamlet then qutomotive uses ~ 99 M~ Mo~ ~ ' ~lic H~g l~/l~. ~-'~-;~ Comers development ~e p~o applier ~ot raj to ~uy u,. --.~ t rthe to~ ~t ~ere would be ~me ~n~oi over ~om Southold To~ seemed to r~e projea ~om the ~ture site planner in ~ew of the SEQ~ a~lysis, however, on~ ~ese u~s ~e allowS, ~ a ~Rer of right, site plan re~ew and SEQ~ ~11 o~y be ~le to ~ti~ate h~ to · . not orevent it, ~e c~nge o~ zone ~timtes ~ a~oa w ~e m~ng of ~e ne~ghborh~d.. ', .... ~ ....g.~oe of mae e~bles ~me inteug ~ci~ u~s ~t SEQ--. Sin~ ~s appn~uon ~o, - ~,~ must be ev~t~ ~ a ~Rer of ~e ~ently prohibit~ at the site. ~e new ~ercial uses · ' lishes that the pro~sM ch~ge of zone ~uld ~tdbute law ~ record tMt this~licatmn ~ -~ '~e r~a b~ ~nomy wo~d be d~en~ to ~u~an s ~wl o~ busm~ms, ~u., ~neighbo~d ~d ~se ~e ~ h~ads. ~e ~ge ~t ~pe m th~gone na~ .... nernac~ng on the s~oundmg resldentl, al ~ incr~e suburban sprawl, a~ay ~-;~;f~Zmunitv should the change of zone .~ ._. _ __~ .,,m forever alter me cn~a~er muu~ ~,,, ~ ~ .~ x mumnes, ~llu · · · ,' ,- e--~-s halogen ~ghts, sprawling pa~ng teu: Mr Grossman: Their cnam-u~ l~n~~The hanee in zone woula a~a~ ~Sout~oU?~,all~g ge~m~or ex.pie, w~le residential zo~ng allows ~;esidential uses ma hamlet ~us~ess us~ ;esiaen~s, the generfl business mae fllows ¢~ ~d .~v~X' u~S ~ f~s, horse f~s, ~urcne~,.~houses ~e c~ge of zone would de~a~ mmt~, ~-~ e,~. .. k 2 .--,a ~ ....... Id introau~ tr~c t~, ~ ....... ~ / ........ ~ ..... ,.ltv It would r~u~ me ne~-oo-.,~ .:[~ [,"., VII be stating in the puonc photo~aphs that I'm tomt to o~ ~m,.,,,~, :~ ~I w~t to ~ve cop~es o[lne m~a~ ewu~u~ % Supe~hor Cochran: Pl~ do R. ~ ~. G~ssman: ~e fir~ sa of photo~aphs, I ~ow eye.one ~n't s~ ~em ~o~ately, i hborhood with the exception of the Mullen Motors ~ / show the character of the surr.oundt_n~ ~e..~o ,main, histodc homes in t -' · ...... ~ see, tllere ~ ~a~-~, ~. . ~;~:~..--~W-~ ~d berate dea~ersmp. ~ )'¥~. . ,...~.:s.;, lC d~nicts the charnnng~l~ti~ box houses and ptcK~ fences. ~uuu,. Motors built this current parking loL A number of beautiful early colonial homes were destroyed in order to acxommodate this business for the detrimem of Southold's historic ctuuact~r. Exhibits 2A, 2B, 2C, and 2D depict some of the existing businesses near Locust Lane that are comsistent with the historic character and charm of Southold. They include the Colonial the Thomas Moore house museum, a 44 . . ~.,....~. ,~,~ r',rrv Bell house museum, ........ a~;,.~o f't~lanial Comers:/~ The change of zone would be detrimental to local small mom and pop businesses as it would injure the resort based economy by detracting further from SouthoId's small town charm. Nothing detracts faster from the rural omotive uses ~ ~ ~- · mlet than qut quahiy of a ha · ' ~lic H~g 10/1~99 M~ Mo~ ~ Cban~e t of the ro e~ housing the Colo~ Comers development ge p~o no.hem segmen . P P ........ ~- ~ ~ro~d~ in ~s p~ applier ~ot f~l to ~fly ~e ve~ topic ~muo~ ~ ~ ~ ' ~om So.hold To~ seemed to r~e the to~ ~t ~ere would be ~me ~n~ol over ~e proje~ ~om the ~ture site planner in ~ew of the SEQ~ a~lysis, however, on~ ~ese u~s ge allowS, ~ a ~er of right, site plan renew and SEQ~ ~11 o~y be ~le to ~tigate h~ to ~e neighborh~d, not prevent it. ~e c~nge of zone ~timtes ~ a~on m ~e m~ng of SEQ--. Sin~ ~s appli~tion for a c~ge of rune e~bles ~me inten~ ~mm~Ci~ U~S ~t ge ~ently prohibit~ at the site. ~e new ~ercial uses must be ev~t~ ~ a ~er of is a licafion ~lishes that the pro~s~ ch~ge of zone ~uld ~ntfibute law ~ record t~t th~ .. . ~ .~ ~ ~ homy wo~d be d~en~ ~e.~o~ ~e of me nc~gn~om~° ~u ~ ..... ~ ~oundino ~' · wi ~r~d encroac~g uu u,~ ~ would mcr~e ~burban s~ra . , Y ~.~. ..... ;.., ~h~.ld the chan~e of zone be -, · ' · "-~- :~-~s halogen ~ghts, sprawling pa~ng lo~, metric c~, Mr. Gross~an, their cnatn~,~b~o~~ o~ The change in zone would d~ ~o~ remdentml uses ~d hamlet ~ . . _:a ..... ,~e oener~ business rune ~lows ~a~ moa ~' u~s ~ f~s, horse f~s, ChUrCheS,, ~a ~es~u~,,~-~ ~f zone would de. aa from ~e ~' '- ~' ,.-.' ~ It wo~d introdu~ tr~c ~as, ,~ .... _-- ~ ~onc quanues o~ ~outuu,~. . - '~rho~ ~ro~ ~alues. I ~ve a ~ct ~- ~ co~u~ty. It would re~u~ me .nets-~:~ w~h ~hat I'll be stating in the public ~anhs that I'm going to be ~mtmg to tn ~ Superior Coehran: PI~ do k. ~. G~ssman: ~e fir~ s~ of photo~aphs, I ~ow eye.one ~n't s~ ~em ~o~ately, ~o show ~e ch~a~er of ~e s~undmg ne~ghborh~ box hours ~d pick~ fences. E~btt IE a~s m~ u~e~ de~oy~ Motors built ~s ~ent p~ lot A number ofbe~ ~ly ~1o~ hom~ were ~ order to ~ate ~s bus.ess for ~e d~em of So~old's ~ofic c~. E~bits 2~ 2B, 2C, ~d 2D depi~ ~me of ~e ~ing businesses n~ ~ ~e ~t ~e ~lo~al B&B, a F~erali~ ~ aha r~au~, . . · . . uct . ~e''~'--- - ' ~c~teCre ~mi~ent ~m u,c w,o ..... ¢.~ e ~on of Cs ' intense u~ as t~t looa r~m~r~ts ~au ~ ~ ...... development ~th su~ ............. ~n. ~s d~elopm~t ~ m s~ ~ A ~ ~b~d~ ia mMe~ fl~ ~d u~y. s ; "~ve ~ ~b~4C d~ . . ~~m~ to b~ ~e ~ . L ........ ,, -avcmcnt. E~bit 4B d~ ~ ~ Moto~ N~c thc I~k of l~d~pm~ ~ m~a~ ~u,~ v : '~e si~ hun8 ~om w~t ~ the dealership once again, m~,~, .,,~,,n~._u,...,;~;~ Exhibit 5A depi~s some ot tne~ appears to be a p~pe - are au ugW aha ms.,l ..... le ] Page Public Hearing 10/12/99 Mulled Motor~ Zone Change uses that the change of' zone will allow. These uses show contrasts between exhibits 1-3. Among these uses are a car dealersh/p, a warehouse, a car wash, a gas station, and a fast food mart. Exhibits 6A and 6B depict some of the safety concerns akeady associated with the existing Mullen Motors. These include concerns about over-sized car carriers roaring throw-~ ~t pedestrian oriented hamlets. The carriers pose ~affic dangers on the very narrow, overcrowde~/ Rt. 25 They rumble down residential streets, creatingF&:~t~'J~mes. Th~ endanger small children in the neighborhood. Allowing Mullen Motors to expand further t~ilj~additional, similar problems. Exhibit 7A d~cts the bright, obnoxious, halogen lights already associated ~,~ith this facility. These lights--into the neighbors eyes at night. Additional bright, glaring lights ~ n~ededto illuminate the cars, increasing this~~ Exhibit g depicts the damn eg~ alr~fl~~ea proposed for a parking lot. ~lTrees over"---- ~'h~lf a century~old were ~g'~'~l~-'~some 3-t~. across. Note that these trees were'~efore the developers received ,~. permission fi-om the Town of Southold to build a parking lot. No~ vegetanve~ canopy still remains which continues to help buffer the residential neighborhood. The buffer__.0?~ lessens the noise from Rt. 25, and helps screen residential properties from commercial properties EIS must be prepared as a matter of law pursuant to SEQRA~roposed action may have a significant impact on the environment. The record clearly establishes that a change of~'~ would substantially increase the amount of existing traffic, more noise levels triggering- I'm not going to read the sections of law (coughing). The rural, historic,,,.~d residential quality~ of the neighborhood wouldglso b~ffected by the expansion~"~The over-size car carriers rollin~' though re'-sidential netghborhood~'s and pedestrian-oriented ham]ets~eady creating a serious traffic hazard. The record clearly establishes that a change of zone wi c~t~~-'- a material demand for more intense commercial development that would result in all of the above consequences, thus there should be a positive declaration by the Southold Town Board in connection with this application. Amd an environmental impact statement should be required as a matter of law. I wish to additionally emphasize that~pass a negative declarationJ~the Southold Town Board, the lead agency, must determine that the~roject will not have significant environmental impacts. There are subst~mtial detriments to the Town of Southold if this application is granted for both an economic and a quality of life point of view. ~___addition as stated above, there are both legal and public policy~that are more than ~t_o justify this Town Board to say n~ to this legislative act. I therefore~ strongly urge the So~.hol-l~own Board to deny the request for a zone change for all the reasorabutlined above. Supervisor Cochran: Thank you. Mr. Grossman: I'll be submitting this. Mr, Arthur DiP~,e,tro: Good evening Madame Supervi~o~embers of the Board. My name is Arthur DiPietro. I m an attorney. I maintain office2~t'6r the pr~,ctice of law at 41 Sunset'Ave. in Westhampton Beach. I don't know the Mulle~wffamily. I don t know the 2 gentlemen who are the named representatives of the family, _~bt_h~ application(i~.~)here tonight. But I've been told by several people that they are fine business people, fine residents of the community, and decent folks. I represent Dick and C. mil Fredrick. I was retained over this weekend. I met Dick on Saturday. I met Gall tonight. Qualitatively, if not quantitatively, from the staadpoim of time, Dick and C_rail seem to be pretty decent folks too. I don't think this is an issue of a pop,,t~rity conteat. I think it's & Vg~'y 8l~iotl$ issue. I think it's an issue .that your Board is going to wrestle with bec__~,use you've got decent p~opl'e on both sides, an~ you've got a very tough issue. I got here early tonight and I listened throughout the comments pro and con with regard to other zoning changes you're contemplating. I think it's kind of ironic~b ~egause although they haveWt spoken yet. and I may be presumptuous, and I may be wrong ,.~)there Page Public Hear~§ 10112/99 Mull~ Motor~ may be some people in this room who spoke one waygearller that may speak another way topically later on during the course of this public hearing. But if they were thinking categorically I think they would see the inconsistencies of their position. Councilwoman Hussie made a comment during one of the prior public hearings tonight about the impact of what you're thinking of doing on North Rd. to what's happening in the HB areas. The re-category fi-om one zoning use district to another of certain permitted uses that traditionally and hopefully in the future will retain the vitality of the lmmlets. So there is a balancing act here· I heard comprehensive and master plan mentioned several times by many people. I believe a couple of times by Mr. Penny, of who I believe, if I'm correct, had the benefit of being a former member of this Board. He has the knowledge of the zoning practice inside and out. There is a tremendous intimacy between what you do on the North Rd. and what you do in the context of this particular application. And what you do in regard to the general focus of thought on the revitalization ~mention~owntown Southold, the hamlet core area needs some ~-help. It ma~y n_ee~d-~'some more~el~'~or l0 years from now. This decision tonight or in November~r ther~aaffer, it Foes not involve a fraction of an acre of land It's very symbolic, ~ intimately related to and intertwined with all of the other things that were discussed here tonight. And there are some technical points. I'm not going to belabor it because you are adjourning this until November. I have just been retained as I said before, and I will take the opportunity to submit my comments in greater detail in writing which relieves me of speaking and you of having to listen to me, and hopefully allows everyone to reflect on the written word in repose rather than hold your ears over the spoken word under the glare of the public meeting. However, there are some interesting things. I was looking at the differen, t uses here. And look at/ f the..varying. .--------percenta. seses of lot covera~,, . . Also, focus on, and I 11 quote,, what Mr sa~d in his openmg remarks. His quote not the current plan of the applicant Mr. Grossman said when you change a zone or don't change a zone, you have a tremendous amount of discretion. That's true. I served a couple of times as a municipal attorney, once in the village, once in the town. It's a great blessing, it's a great nightmare because unlike a planning board that is ministerial and has very little discretion, unlike a zoning board of appeals which is but is still ---~~judicial, and has a little bit more leeway, subject to tighter review. You are the legislative body, and you can act with a much, much broader range of discretion. The other side of the coin, and I'm not opposing Mr. Gmssman because we're colleagues tonight on the k~.3x)~9 same side of the issue. The other side of the coin of denying the variaace, or excuse me, the chsnEe of zone, that was a Frendian sllp, is you can do it with a broad sh-oke, and it probably will __stand up to judicial review iust as if you deny ig~Why are we not talking about a use variance? 7~ Why are We talking about no present--do anythln8 with the comer? I don't for one '~..o-x.,,0.Y'' minute q,uestion the sincerity '~e(~ said tonight. I've known Steve for a long / ..on't wish them one moment of ill, it is not cast in bronze that they will remai,'n the owners of / that property next year, next decade, maybe next month. I understand they re only cortla'act vendees now. I may not be right on that, but I believe it's true. The key here is when you change the zone, you change to use status of that piece of property. You're not doing anything to a particular owner for or against. You're not doing anything to a particular business for against. ' ' ' ' .... You re changing the zomng status of the property, and you re opemng up ei~.~er ~ ransom or Pandora's box of good, bad, or indifferent uses that could occur on p~i~'~--'6f property. Agaln. I will be more spoci_qc in my written submission, but in perusing your code somethln~ kind of intere~tin8 and curious popped off a page. I mentioned a few rnin~es ago, there are different requirements in the cu.n~ business zone this property's in and the one in the changing, or seeking to change it to re$~_.~------------------------------d~lot coverage, setbacks, other criteria. I heard a comment fi-om the side tonight when Mrl~r'~Jwas speaking, and I believe my client indicated similar things to me when I met with him ore,he weekend Namely that there were some prior ~ t p/igc Public He~u'in§ 10/12/99 Mullen Motors Zo~ Ch~nE¢ approvals here regarding the parking lot that exists off Cottage Place. Mr. Rump added "oh, we're going to add a buffer there", but I believe Mr. Mullen was supposed to do that as part of' the prior approval. So the horse is out of the barn, and maybe one of its foals is coming back home, but the horse is still out of the barn. That's not a big deal here tonight. The second thing that I find very interesting, I've heard no discussion of what kind of use this parking lot is going to_._~betto. Again, in my type of quick study preparations, sifting through things that Ms. Zenk and ~'-Mr. Grossman have been working on for 2 years in the course of a weekend. I was told that the ,, existing parking lot off Cottage Lane was represented to be only for employees. That's an accessory use All businesses have customers and employees, and they need parking as accessory use. However, very interesting, if in fact we are talking about inventory new and used cars, we're no longer talking about accessory use. We're talking about a primary use, namely ] the sale of motor vehicles and then we get into some thorny issues about lot coverage. If ther.e~,s/ a limitation of 30% lot coverage for the primary use and the primary use or great componenffts an outdoor sales lot Guess what - we should be talking about 50 ft. buffers, not 10 foot buffers. And we should not be talking about a see of asphalt which is the equivalent of an outdoor showroom. That's not an accessory use ladies and gentlemen. That's a primacy use. There are many other things again, I'm sure the Mullens are good guys. When I first became a partner with lohn McNulty back in around 1973, he was driving this god awful peat green Chrysler that had Mull~n Motors on the back. I think his father, John Sr. had given it to him. So the name Mullen is indelible in my mind even though I don't know the gentlemen, from almost the first years that I became a permanent resident and attorney, practicing on the,ea~, t end. That's not the ~oint.~Also I think we have to think to of the next decade. Everybody s talking about the new~ .,¢<X~urn, iet's be modest, the next decade. However, there are things happening that are goingS" to be critical to the aut,o, mobile industry. The Mullen's may well not, based on docum, ented statistical studies that Ive read, may not need all of this outdoor sales s~Eace. It ts m~Ac~ understanding that right now, as we stand here and talk at this public hearing{25% of all flew car sales are ordered through the internet. One of the most important aspects of this - maybe it's not happening in Southold yet - but it's a trend, be patient. One of the most important aspects of this and one of the most cost-effective efficient aspects for a busine,ssperson is the reduction of costly inventory space. The reduction of costly real estate ~ just to store product. W'hat a wonderful, wonderful, additional benefit to the con~ that we could have a vital car dealership, a family owned business that employs local people and pays taxes, and still be a good neighbor. And still be pan of the traditional ambiance of Main Rd. as it goes through the eastern vart/iof Southold. And that the traditional ear dealer showroom which is modest in size, e. ~',,xg~'6'~sed to the auto-malls on Rt. 58 in Riverhead could be maintsined. And ttmt beauty .an.a landscaping and modest parking areas could be maintained and that business could st~l~ l ,be and the neighbors could still be happy. We have a parring lot here that's proposed to oe in size. We don't know what's going to happen to it. It's going to be a dead end. I've seen no discussion of drainage, curb cuts, ingress and egress access, traffic considerations. But I know if the only ingress and egress is going to be on Cottage Lane, then my clients home is right down on the next corner. They are going to be substantially adversely impacted from a quality of life standpoint, from an economic standpoint, and from a peace and tranquility standpoint. This is not consistent with a vital mixed-use traditional hamlet where residential and business should coexist happily rather than have a civil war. Thank you very much. Supervisor Cochran: Thanl~ you. Is there anyone else tha~ would like to address the Board against7 Please. Ms. ,Iulie Sanford: I'm lulie Sanford. I live on Locust Lane. I've been following this for 2 years, and I request the Board to deny this application, and if not deny it, to please issue a full page it) Public He~'~ng 10/12/99 Mu~le~ environmental impa~ ~ement. C~ol~ Ze~ ~d ~o~m~ ~e my a~omeys. I ~dn't go into ~s just fighting for Colo~ Comem, I ~ fighting for ~s residenti~ pi~ of l~d whch is p~ of o~ neighMrhood. R is a buffs, on~ upon a time ~e w~ a hou~ there. Under ~c ck~m~s, there is no long~ a hou~ there. It b~t dom. We ~ appr~iat~ the beauti~l tr~s that ~aced out ~e~ ~t ~e no longer ~ere. I just find tMt gener~ business is veu in~mpatible with residenti~ ~. To~t there w~ t~ about ~e ~et ~nters resident~ offi~ uses, li~t~ busiaea. Howler gen~ business is b~i~ly a nui~ to residents. I ~'t ~d to ~ ~enti~ l~d ~ing r~t~ly ovm~ for a p~ng lot. I ~'t stud to s~ ~uti~~~t on~ were on ~e ~n Rd. be mov~ off or tom do~. V~ances ~ssue~ out ~o one policing ~er the~ vwian~s. ~1 ~nds of violations. We~ bring ~s to ~e Bond's a~fion. We d~ent ~s, 2 ye~ go by, we're ~1 living wi~ pre~ bad c~mm~s here. ~ ~e ~s a ~c problem w~ch ev~one here is aw~e off It's b~n brou~t to the Bond's a~fion. We ~e ~ppling ~th the problems of 7-11 on a daily basis, coming to ~d ~om our homes. ~at is a general business. ~eral business with access onto a residential street. I hear t~k tonight that t~s proposed paring lot is not going to~ have a~ess on Locust Lane, however, Colonial Comers ~eady ~ocus~n the ~ture, the Mullens so chooses to exp~d thek d~lership w~c~.~ouf ,imagine that would be the plaa since I've r~d in ~e Suffolk Times, m~y quotes tha~just short te~. Colo~at Comers i~ not going to be there, who ~ows, l0 y~s ~om now. Well 16 y~om now~o~ don't w~t to see a d~ership at the entr~ of ~ ~e. I w~t to s~ tho~ houses still ~ere. Those hours, p~ple usM to live there. We had residential zo~ng Main Rd ~en it w~ chined to ~, w~ch wa a ~mpro~, but we liv~ ~th qu~nt, it's chang ~d p~ple like to shop ~e. There's ~so b~n .~c~the Mullen de~ership h~ b~n there for 73 y~s. B~ot in'r%~d of~e prope~ t~t me~ originally stmed out ~th. There were houses to the we~e sh~wc~e building. There were~ ~'~h0m~, ~ere were people livi~ ~ere. It w~ a do,no eff~. ~er ~e ~st house went~e o~er h0u~ onlhe Main Rd. ~~ ~r M~n Rd. loo~ t~ble. It's ~bur~ sprawl. ~t's what's happenS. ~e ~t~g situation is a~l. I ~'t ~der~d ~hy, hml~ ~wo~d be dlow~. ~ Luc~ Ford - ~ek Ughting go~ offat 9 o cloc~.~ it's an~ properly, and I ~ow ~t's ~e remlt of residents on B~II~ Ave. who ~mpl~ a~ut ~ ~d had ~nsid~atiom, ~me a~ons ~en t%~e offs. We brou~t ~e ~e ~nd ~of ~n~ to ~e Bo~d. We ~ a doo~mem~ m~ng ~ ~d ~g~ m w~ch ~n~s w~e brou~t up. It's ~n a y~, ~e ~t~g is ~ . h~g ~ well, ~t sMnes imo ~pl~ hom~ on Co~e P~ ~~er o~ ~mpl~nts w~ d~ment~. I ju~ ~ ~ ~y ~t I op~ ~s ~pli~O~ I ~ ~e. I'm 30 ye~s o1~ I've s~n ~s ~om berg a cMl~ ~d I ~'t ~d to more de~dafion to ~e ~. We d~ ~th %11, ~d ~ ~eir problems. I don't ~ ~t ~o~er g~eral business ~ne should be ~ck ~ ~e en~ ofo~ nei~borh~d. ~I1 Colony or Ye~oa - I don't thi~ those neighborhoods wo~d ~d, for one momen~ to have entr~ to thek neighborhoo~'~ subu~ sprawl. ~lony ~Pldn that mm~ne sells one ~ at, the entr<~ of ~ek neighborhood.~ ~ you ~y to me-why ~so up~? We dont w~t it to be a whole bunch offs, a ~lers~p at the h~d of our neighborhood. We ~ve a b~uti~l entr~ce. We ~ve ColoMal To to ~ ~y ~e P~ lo~'a ~g~ snd ~ ~e lo--it's ~, ~d ~ds ~ m 1o~ ~c~ ~ch mo~ ~s ~pli~on is ~. ~r. ~ey ~ ~ ~ut how R ~t~ more ~c problems. I don't ~ how that's I ~ only ~ how ~ would help ~le~ate the ~c. ~e way it ~ds right Public Hearing 10/IZ/99 Mullen Motom Zone Clmage now, anyone who's been to Mullens knows that there's parking all up and down Cottage Place. (laughter) lseP. l;?eeal;t~Song~neu;Teryone the opportunity to be card without heckhng or Mr. (~ There are cars usually on both sides of the road. There s not enough parking at Mullens. Whereas if you built the addition~.l parking lot, that alleviates the traffic jam that takes place on that road. h would, in fact, alleviate some of the traffic, not ~reate more. Also Mullen's been around for a long time, before a lot of these people were even bom. Certainly before I was born. They're a valued member of this COmmUnity. I'm a member of the Southold Fire Dept., I know they help us, support us - as well as all other local organizations. They have given so much to this community, I just feel that we should give a little back to them. From a business standpoint, I'm a member ora family business I would like to see that Southold Town promotes established fatuity businesses that have been a part of this town for many years, instead of trying to hurt them I'm in favor of it. Supervisor Cochran: Thank you. No demonstrations please. It's fair for both sides - please. That's m'y number I. I said I would take Henry Smith. Mr. Henry Smith: My name is Henry Smith. I live down on Hobart Road. I'm a neighbor of Mr. Mullen. I hear all this talk about traffic problems, everything like that. By building this parking lot, and the landscaping they are going to do, it can only be an upswing for the area. I mean, there's such a desolate look there now, and to landscape something like this, I think would only beautify the area. As far as the traffic problem, I go by this place 4 times a day, at least. I don't see any big traffic problem. Mr. Mullen is willing to do anything. He's certainly not one that's going to harm this town. His father was in business here, he's in business here, and his sons are going to be in business here. People like that are not going to do anything to harm their town. I'm sorry, I think we should approve this because if you want to do something that's going to beautify the area, you should. Supervisor Cochran: Thank you Mr. Smith. Sir, in the white shirt, you wanted to speak. Mr. William Lieblein: A~ another member of a second generation in a f~mily business that hopes to see future generations come into mine, I support the Mullen proposal. I've looked at the proposed landscaping and so on, and it certainly looks like it's going to bcautif-y the area. My family's done business with their family for years. I don't go by there 4 times a day, but I'm down there fairly regularly, and I haven't seen the traffic problem there. I'd just like to say I'm in favor of this proposal. Supervisor Cochran: Thank you. That's 3 right? I now take 3 speakers that are opposed to change. Anyone like to address the Board? Yes ma'am. 1~. Melanie Sanford: My name is Melanie Sanford. I live on Locust Lane. ~~ and ~Cn'ossman are our legal representatives in the motion to oppose the downzonlng. Founders EstaIes is a highly, very dense corem,miry. Most of the properties there.are R-40. R-20, and less. It's one of the first communities in $otnhold Town, and with all of these efforts making new neighborhoods, I don't think that the old neighborhoods in the Town of Southold should be diminished in any way. Especially this particular neighborhood. It is, if you know your local history, the neighborhood where the commoners of Southold Town actually stepped offthe boat. Page ~ 2 Public Hearing 10/12/99 M~em Motora Zorn: Change ~- q.qc~ Tho,_s~ o£ you who ve come down to Founders Landing, and enjoye~:fi'e beach down there - that s all part of the picture. ][just wanted to mention that most ofthefldditions at Mullen Motors since 1983, most of the expansions were done under variances, ~ special exceptions. The window showcase. The tact that there's no sidewalk in front of the showcase - it's ripped up and been re, placed, w,i (. . . These are our concerns. Michael Pontiac in Pecomc. That is a ,¢~commerclal car dealership, however, even though it s very close to the road, it still retains a sidewalk. It's still pedestrianesque. If you go through the hamlet of Southold, and you walk along the sidewalk, you can walk along all the way up the hill from Cherry's gas station, you can walk along the sidewalk, proceed through thc middle of town, go past the h/storical society and go past loAnthonys restaurant, walk all the way up the hill until you get to the car dealership. There's no sidewalk. Once you pass the car dealership, again, the sidewalk continues - you walk along the sidewalk in front of Colonial Comers, there's even a sidewalk in front of7-11. It is not pedestrian friendly. Someone from the audience: You're complaining about a sidewalk? Supervisor Cochran: Ladies and Gentlemen - please, Sir, please, I ,,,All ask you to leave. I'm serious now. You give the courtesy to every speaker. Please continue. Ms. Melan~ in our town runs all the way from just beyond Town Harbor Lane through the historic district past the church. I'm just very pleased that the hearing is going to be kept open, and I just wanted to say that I'm asking the Board to please say no to this application, and in the event that you still entertain it, we'd like to ask for a full environmental impact study. Thank you. . o..0.¥ SupervisorCochran: Thank you very much. I have 2 more opposed. Opposed, Sir?~,"~Q~-'~ Mr. Richard Fredrick: rm Dick Fredrick. I live at 385 Cottag~ike to respond to ~~d. I believe he gave an affidavit ~ by r~gistered mail. I ~...a~nearby residen~ I was never notified. As a matter of fact~ ~ T .... '~the ,~ ~anningcorrespondence ~' Board, the Zoning BoardBe. crud e,°f Appeals.~(4over c~ a44~year ago,c~.~,r~and~.~I'd like to request that'~he~,~,.,~, "{C Supervisor Coehran: Do you know about when it was, the date? Everything that comes into Town I-L~ll is documented, we'll find it. Everything's listed. Mr. Fredrlck: I've heard discussion tonight about the preservation of the hamlet. I'm not an attorney. I moved here because I got tired of driving on lericho Turnpike, seeing what happened to those areas up island. I move here bo:a~-se I read in the papers that the Town Board that may have preceded you and include you that were people who were interested in the preservation of the hamlet and the way of life in Southold. That's why I moved here. I bought a historic old home on Cottage Place, invested quite a bit of money in it, and would like to se~ the val,ue of my home be repaid,l/ This action isn't consistent with that. Since I've lived here, I ye seen condittona det~orate on Cottage Place. For those who gll.~¥ ~y there s no tn~c problem, would like to invite them over when a car carrier comes~ge Place, m~ldnS noise, a lot of noise. It goe~ doz~l~Cottage Plac~ tur~ around, and-"~"~re'hfam than nOt~ it ~ across the corner of my law~-~' --~%""~ ' ~;~'~-'~'~I hope it~doesn't con~n-e. I would ur. ge O_~C¢'q~deny\this r~est, and ~O~siZ~-l~mcerely[ I ~eel it would have a negat,ve impact on the value ot~ my propea'ty, and my way of life. I'v~ lived'with the lights shining in my bedroom l can onl/believe that's going to g~t worse The trafficX~roblem is real Someone / ~ Page [ 3 should go count the cars someday an~',{eduee it to qumai~five nU~by there this afternoon on my way home serviced, to be moved, traffic coming the o ~-f~"~-'~y w.~.held up. hazard. I go by there, people just walk across the street vathout looking. Children in the area are~c~OC°~q put,~.t ns~l~when they go down to catch the school can t get past. It's gotten worse. I've watched it get worse. I will point out that as near as I can see what's been presented here - no access on Locust Rd. which means the access to garage facilities to the parking lots that are there to the proposed new parking lots is all still going to be on Cottage Place. I don't see how that's going to alleviate a traffic problem. I think that's about all I have to say. I would like to reiterate my opposition, and I hope the Board will continue to uphold the idea of~ Supervisor Cochran: Thank you. I have one more. Sir? Mr. David Liss: My name is David Liss. [ live at 315 Cottage Place It's directly south of the c(.x~( employee parking lot, I believe it's called. That s not only an emp!oyee parking lot. All hours of the night, tow trucks bring in broken down cars. I guess they re broken down cars. You ,.).~,x · know, the tow trucks come in, the lights are going, and they put a light along the fence. Mr. ~cru said that- ~bx'' Supervisor Cochran: Not back and forth. Address the Board please. ~q3 Mr. Liss: They said that they proposed buffer along that fence that's south of the employee ~.~ ,~_~ parking lot. It was m~y_.~derst~nding that the buffer is already supposed to be there. There's supposed to be~'~ at the tree line there. There is no tree line. There is a chain-link fence and cars back right onto the fence. The fence is actually leaning onto our property. In O~xr~ some places where the cars back into it~ I don't know why that buffer isn't there. I know they -, X.p~ /are proposing to put it x~e tts already supposed to be there. That s about n. I (~X OD( oppose the zone change. Supervisor Cochran: Okay. Thank you. Someone Like to speak in favor of. I'm going to take Bob, Je~ mad I'll take Mr. Samuels. Next time around, I'll try to get you other 8enflemen. Mr. Robert Jenkins: I'll take a couple of items. The property as it is now is not residential, so you're not changing r~idential to busings. It is already business. R's a hamlet business. So it's not that much. Secondly, the property in question is unsightly, trashy, full of vermin, possibly dangerous, empty lot. You can have a nice, neat, clean, safe, well landscaped, pleasing to the eye parking lot to alleviate some of the traffic that the people on Cottage Place are complaining about. Thirdly, we are not expanding the business. All we're doing is creating a parking lot. They do not operate at all hours because I've been there, and they're closed at night, when I've tried to get something done. They have never, to my knowledge, knocked down any houses in order to expand their business. The traffic problems in the area are more fi'om 7-11 than they are fi`om Mullen Motors. Since when does a business owner who's been in existence build sidewalks? That's the town's job to build sidewalks. Do not deny the b~ic rights of expansion for an e~cistlng business solely because they're successful. Supervisor Cochran: Thank you. I had Bob, then I had Jeff, and then'Tom. Mr. Jeffrey Strong: My name is Jeff Strong. I'm a business owner and resident of Matfituck on the North Fork I'm here on behalf of Mullen Motors, their family and their application for Page Public Hearing 10/12/99 Mullc~ Mo~o~ Zone the ~ne c~ge. ~ I li~en~ to ~e a~om~y who w~ ~ng ~n~, I ~ote do~ a few, a~ 10 of~e ~ings ~t they indi~t~ t~t ~ey w~e ~fin~. ~ ~ ~u~t~ p~n ~ng to look a ~ngs ~om a b~ ~ew, I'm not ~ ~e R w~ pr~t~ to me ~ a b~c~ ~ew. ~t the ~u~ would be forever ch~g~ ifps zone ~e to be c~g~. ~t w~ the a~omey's ~ment. I a~ ~ Mm. I t~ it would be forev~ c~ng~. I ~ it would be forever improved. I ~i~ these pi~res represent R ~t way. To ~est t~t ~ey be for~d to move to a new lo~fion ~ch ~ to move to ~. 48, I ~ is to~y opposite ofw~t ~e m~ter pl~ h~ present~ it~l~ I t~ Ws to~y opposite or.at ~e v~ ~jofi~ of p~ple who live ~d reside in Southold To~ on a ye~ ro~d basis w~t. To ~ ~t it loo~ l~e ~b~b~ sprawl, ~d a suburban neighborhood, ag~ I t~ the~ pi~r~ repres~t, if ~t's what ~b~b~ neigh~rh~s l~k like, I ~ink ~t's a pla~ wh~e I w~t to ~ve. Vi~ b~ght, ~e ~ng, we ~ve m~y homes in ~s ~ ~d m~y homes not ~ ~om Mullen Motors ~at I t~ would be proud to look like t~t. To ~y that it would d~ ~om ~e ~ ~u~W, I thi~ il would definitely add to the ~r~ flavor of the ~mmu~ty. To ~y that MuHen Motors won't be there forever, I ~ess that's a tree ~atement. You c~'t n~ess~ily ~y t~t they are going to be there forever. They have a ve~ long track record. They have a family ~sto~, and tMs is not just about law, ~is is ve~ much defi~tely about p~ple, ~d the way t~t ~ey're able to ex.ute what the ~mmitments ~e ~at they m~e. I tM~ they ~ve a ve~ good uack r~rd for ex.ting that.' ~ f~ ~ the ~s being cut do~ in ~e pro~ p~Eng lot ~ ~ere's no doubt that there ~e ~me old tr~s there. I've gone ~ou~ it myself - look~ ~ the plans, w~ the prope~. I'm sure ~ere will be a c~nge of uees, but [ t~ ~e ~s that ~e ~e~ to be planted ~ere ~11 definitely look ~eener on a y~ round b~is, and I t~ they ~11 provide a lot more buffer th~ what ~ been ~ere in the p~. ~ te~s of ~e n~ space for the p~ng lot, there's - in my opi~on - a ~c problem on ~e Pla~, but not a ~c problem in the e~ent of lots of ~s going up ~d do~ the r~. I ~ ~ere's a tr~c problem by the fa~ of not ha~ng ad~te p~g ~at's ~e ~y it shows up to me when I ~ve do~ that road or ~sit there for ~i~. I ~ t~t by ~nt~g t~s spa~ for a p~g lot wo~d help alle~ate w~t ~me of the neighbors have a vflid ~n~ about, I ~ ~s wo~d help flle~ate ~at. ~ te~ ~ ~ng them ~ long g~d ~di~ ~ on Rt. 25. ~ p~ple w~ them there for ~. To ~ ~t ~ey're not going to n~ ~e ~ua spa~ b~ of ~e int~ I thi~ ~t may be ~e for ~me mega d~. ~s is a ~ily bus.ess ~e up of a lot j~ l~e a lot of o~ ~ family businesses on ~e No~ Fo~. go~ to be h~e, ~ey n~ ~t ~a spa~ b~ of~e ~, ~ey sell ~, not b~ ~ey're a mega d~. ~ey ~11 ~ ~e ~s of Colo~fl Come~, I don't ~ow w~t ~ey're ~tenfion ~t ~t would be a g~ que~on ~t neighbors ~d the Mullens, I honealy don't ~ow. B~ ~ ~m~ne ~d ~lier, ~ey ~ve a ve~ g~d t~ck r~rd for ~ng to do ~e right ~ng ~d I'm ~e ~e ~ be ~me ~nversation there that would look ~d ~und like doing the right ~ng That w~ my cogent. Supervisor Cochran: Thank you Jeff. Mr. Samuels? l~r. Thomsa Samuds: Tom Samuels, ~galn. ~tly different approachl Six and a half years ago we had a ~dy the e~led the U~Stud.y. TI~ eonfilusion o~f that ~study was that we should keep busines~ in the hamlet, within a [xfile and a half of the post omee. 't here was an informational held in Southold I-flgh School which was filled. That's where this meeting should have been held tonight. Supervisor Cochran Unfortunately we didn't know there'd be this many people attending page Public Heanng 10/1Z/99 Mullen Motors Zone C,~,nge Mr. Samuels: You should have called, I would have told them. Supervisor Cochran: You know that works 2 ways. You could have picked up a phone and called me. Mr. Samuels: I should have. Supervisor Cochran: Thank you. Please continue. ~ Well, so here we know, my son was chairman on have the conundrum. You the the U.~tudy, and I had the final report, and I had many, many discussions with him. The principle tdea I had was that I think it's great to keep business in the hamlet. To keep everything close in the hamlet I think it's terrific. But the problem is when anyone wants to do anything in the hamlet, you're going to have a tremendous amount of objection For the people who live close to the hamlet, their homes as just as important to them as mine is on Nassau Pt The same old problem again, it's called not in my backyard. Now I've know the Mutlen family for many years. I don't know what Southold would be like without that Mullen dealership. I don't find it objection'able at all, not in the least. Take a look at Apple. Go up 58 and see what those car dealerships look like Try and get service on your vehicles if you buy them up there. I've bought a couple of pickups a year, and a car every couple of years fi.om Dick Mullen. The integrity of that family is remarkable. They are actually remarkable people. I like them so much, I feel badly that they've been through this. I can't understand why the SuffoLk County Planning Commission didn't get the letter out in time. That's very interesting. I don't know when it went in, when the request went in. It should have been at that October 8~ meeting. I don't know what the excuse is for not meeting that deadline. Because it is essentially a rubber- stanp local issue. I spoke to a member of the Suffolk County Planning Commission. It's a local issue. You get those all the time. It should have happened. You should have been able to vote. I am not placing a mysterious sign on this at all. I'm not saying there's a plot. What I feel so bad for - for 2 years they've been trying to do something. I have a piece of property in Southampton that I've been working on for 11 years. So I know the fi.ustration that you hear in the incomplete application, the fantastic game that you play. We want this, bring it back because you forgot to ask for this, and again, and again~ and again. Supervisor Cochran: I don't think that was the ca.se, but please continue. Mr. Samuels: That's not what I'm saying. What I'm saying is I think the vast majority in Southold is in support of business applications. I think it would be a mistake to deny it. I think it would be sending a message to the business community that you have little concern for this. Supervisor Cochran: Thank you Mr. Samuels. I will now take speakers opposed to the zone change. I'll take Mr. Meinke and then I'll take Jean, Mrs. Sanford - is there anyone else in the 7, 3? Mr. Howard Meinke: I'm part of the North Fork Environmental Council. It's really a very difficult issue. It's a long-standlng member ora commllrlity, that's obvious. It's a good, well run, business, that's obvious, but there are some other sides to it. The business for one reason or another, is outgrowing its location. It needs to be looked at. I think that that's very clear. The past weeks..w~:a~scussed the hamlets at great length. We agonized over various Rt. 48 questions in order t .cl.cl.cl.cl.cl.cl~knowingly damage or weaken the hamlets 9q~hat is an LB* What is an RO? Public H~iug 10/12/99 Mullen MO ~.~.~ D~ ~'~(~ ~ne ~e e~ive business o~ers? ~ow ~ reg~d to ~s~ussing ~~ exp~ion o~ non~o~ng use ~t~n ~e So.old ~ - we ~ve ~ ~to d~ers~p in ~e haml~ facility cuxently on an island of gene~ business prope~ witch a ~I~ business residentially zoned ~. It's a ~lly ~o~ing use in the general business zone. This ~e of business is u~o~nately, I thi~ ~ t~s point, out of pla~ in a lo~tion hke ~s in a ha~et. But it's b~n there a long time, ~d if~t Mppem, ~at's nobody's fault. To add to ~ ~dy diffi~It slmatioa ~ere is a p~ of ~e o~aion tMt is ~fly a p~g lot ~at is a pre- ex~mg non-~nfo~ing use. ~e appli~tion see~ to exp~d t~s non~o~ty into ~e residential ~ea. On top of that, t~s application seeks to ch~ge the Colonial Comers to ...... business ~ne while simul~usly sm~g ~t no a~ ch~g;~eing ~ntemplat~ t~s is an e~remely ~r~ge so~ of r~ue~, to w~t the ~ne change ~thout ~y app~ent ~u~ose for it, ~d it wo~t~t t~s h~ a lot to do ~th the resi~ of the p~ of some people who ~e opposed. I don t thi~ that of the .31 acres. But the Colonial Comers is a ve~ nice little business development the way it is. To say that we want to chanee the zone to he,nd that. I t~ that's off-pu2ing to many people that ~e here. In light of~e~')~ ~ h~~business plans have not b~n t~en lightly. ~ fa~ t~~ r~eived ano~ous a~ention as it has worked its way t~ou~ the system. ~ following t~ou~ ~ith thi~it is necess~ to do ~ a2o~ey C~ol~ Ze~ re ue~s in her l~er to the Bo~d A positive decimation and a ~11 envkomen~ impa~ ~atem~t ~ed for for fair treatment ~1 ~the Southold hmlet ~d the residents ~ well ~ the Mullen o~ers~p~ ~r a~ t~at ~inve~igatio~ nobody ~n say an~n~hon-ck~it~ had a decision been made, ne way or the other. But it should be given all that a~e~d done ~e~lv Th~vou ~ ~upe~isor Cochran: Tha~ you ~. Mei~e. Ms. Jean Sanford: Hello, My ~e is l~ S~ord, ~d I live on ~ ~e right ne~ d~r to ~e Mullen Moto~ e~sion. (~udible) Lights, ~n~t noise. We ~ve~n o~ neighborhood ~th 7-11. ~yone who ~ ~y "I red--end t~s" w~le ~ey~ing on ~u ~.~ ~ m~, ~~~ pla~,~ ~ should ~me do~ ~d maybe spend ~ ev~g 1~ ne~ ~o ~s.~ E-7;:'-; '~-- jd ~e ~ew~ds~p ~, ~ou~ I'm not f~li~ ,~o~ ~m ~g but I don t ~ ~ey ~ve a ~ d~e~p i~Engl~d ~ge ~ey~t ~dy~ don't ~ow w~t busin~s, but a ~ d~sMp is not a ~ b~s. It's~to ~,~-'k,~.,~..~,keep all the businesses in the hamlet, that's fine, but this is he.aW use. h's not, you know these car carders, they even come down the M~in Kd. It's a very dangerous area. What comes to nix" x,~ ~, mind is when Sunie Albertson, he's never brought up in the main subject. Nobody ever says abouthe me: he he w nta to do--one Coronal Comers. .,~,./. _? came down, and a lot of us weren t too enthusiastic about that · ~, ~. , . o o"~1~___~ '~ ~t~ .~ ,0~,beautfful. He told us not to worry, I m not going to put up any 3 story buildings to block the ~ ~,~, ~,z.~ view, or do anytking that would make it bad for the neighborhood and ev~flJ~ng. And now, C~--'c' ~.~ aRer all these yeazs~e said, don't worry, the Board would never let me do anytking to harm the X'~haracter of the neighborhood or the Town. Now he wants to s~ll tiffs to the h~-d intensive use ~'x ! ~ corporation. Maybe it should revert back to residential like they're doing up on ~ ,rO~',~,'e/'the North Rd. Because it is resid¢-ti~l, a~d ~ Luoy's prol~m~, cuts way into it And as far as ,x/t92 / thebermsandbuffer%.that Is a st~reotyl~WCSt end developer suburbaasolutioa, aadit, s asugly / as what it is tr~' ' to hide I'd feel like I was livin u ' I ' . - ~ trying . , g p Is and ffI had to ride_.e....byb past all that kin~_....dd ~.0 notthe b utial woo ,,d that r~. ~- ! aon t want to hear that it's going to improve ~ It's ugly now with these stumps~.' I have ¢,<'C',~ pictures/o ftnlllli~l~._ ,. magnificent/fi~ple_.~ trees - you knew that :you were inn/a'~resiresidential _,.,,~.~' T~'~ ,.C.~ ~ec~se. 4¼cSe. ~ Public He-an.ag I0/L2/99 Mullein Motors Zorn. ,_ hah?, Community. ¥ou~the business district. It's our home, it's our neighborhood, it's our entrance. I just want to ask the Board to honor the agreement that Junie had told us that ~ would never do anything to hurt the character of the neighborhood. I'd like to ask you to deny this application· Supervisor Cochran: Thank you Jean. Is there anyone else opposed? I want to stay with the 3 and the 3. But I'd first like to see if there's anyone who hasn't spoken yet. Is there anyone against this application that has not spoken? If not, then I'll take you comments. George, I will take the 3, 4 in favor. Am I counting properly, I think I am. Mr. DiPietro: Very briefly. ,Just something that Mr. Fredfick said that caught my attention. I thought about it earlier, and I d just like to make it part of the record. Mr. Fredrick mentioned some correspondence that he had made to the Board at ,an earlier time. In my quick review ofo,~ .xW'Xx this file, it seems to me that over a 2 year period, there s been a lot of dialog correspondence, ~petitions, meetings with Town Board members, Planning Board members, Zoning Board't'~66 members. In the sake-ot*qS~, a,nd also in the sake of building a totally comprehensive record/ ._~upon w~_~will ultimately make it s decision, I ask you right now - the supervisor gave me th.t.t~ / hint by saying all the records are in Town Hall ' o - ow Where .,~o.O everything is - I ask you fight now to incorporate, by reefefefefefef~ence, all .correspondence, ~'.~y_ · memorandum, contact reports, minutes of meetings on ~ form~reviously had ir~ connection with this application, by members of the commumty,"'----~nsult~:b¥~"~c~c, opponents, so that ultimately wherever this decision goes, now or thereafter, there's a full and x~O.% Complete record to be scrutinized. With regard to the traffic issues, I wou/d very, very, much ask this Board whether it is w?_~..~ or part of a plot that you take advantage of the period of ~-~djour~ent until November to conduct your own independent traffic study. Because traffic study, generally, is big issue here. Certainly it's a big issue as far as Mr. & Mrs. Fredrick are concerned. And if we are talking about the expansion of the primary use of a car lot, a car sales lot, and a car repair stag/ng and queuing area, and not accessory employee and customer parking, then you've got a big issue, an environmental issue, it's a threshold issue, and cannot be ignored. Rather than rely on one Consultant or another who is being paid to represent an interest, to Conduct your own independent study and have that at the November meeting. Thank you very much. Supervisor Cochran: Thank you. I will now take 3 - Mr. Penny - this gentlemen, you've had yours up earlier, and Ray Huntington. Mr. George Penny: Hi, George Permy, I'd like to urge the Board to assist the Mullen family in being able to deal with their future. Up until now, no one has said that they want Dick Mullen out of there, they just want it made prettier. Unfortunately, this changed under the last couple of speakers. I don't think that Dick Mullen is going to go away, and I don't think the neighbors are going to go away. The g/st of what we're dealing with here, the lights, noise, buffing, and traffic are all dealt with by site planning. What this can or can't have is dealt with. There were several issues brought before the town and they were just for nightfall, lights put off a certain time. The same with a Texaco station on 48 - there were Complaints fi.om the neighborhood, and special accommodations were made to k to address those concerns also. There is nothing that I see here th~.t ~ hsl-m the comm,,:.i~. Dick Mullen is going to improve tlxe Cluster of traffic from Cottage Place ~nd take it offthe road. I know it's a little bit of havoc when you go tc~ drop a vehicle offthere because you don't know where to drop it. There's people already parked on the street. He's going to move it offthe street so customers can use the space, and it's going to be better for everybody I strongly urge that you go ahead with this Thank you 05/11 '99 FRI 10:16 FA~ 516 765 6145 Sokrr}{OLD cLERK ___ I~O01__._ Public Hearing 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Thaukyou. Sir? Mr. William Penny: My name is Bilk Penny. I live in the area behind Mu.lien Motors. I've only been there a few years, and I bought the house there. I've always been able to deal with driving up and down the street. A couple of times I've had to stop when someone is pulling out. I have a hard time believing that a parking lot, especially aga/n, as Dick Nas portrayed it's got to help. Dropping a vehicle off, or a disabled vehicle that's being towed in by a tow truck. I know the Mullens will bend over backwards to comply with some of the other issues that people have. I feel that it's a growing business, just like any other business. They need the room. I have no issues with the Colonial Comers property applied there and what happens with that I'd like to see that that stay the same. I do really feel that they need more room, and 1 think it will help the congestion. As long as it's done tastefully, I have no objections at all. I think they should be allowed to put that lot in. Thank you. Supervisor Cochran: Thank you. Mr. Huntington? Mr. Huntington: I think the Board is most properly concerned about the future use of this property and others like it. The end result of downzoning, we've been talking about tonight, the future use is of great concern. We want to be concerned because of our environment. The environment means a lot more than just trees and fields. It means, I think, in the Town of Southold, it means people look you in the eye, they do what they say they are going to do, and that it doesn't come out, they fix it, and I think the Mulleus have proven that over the years. So, yes, we're probably on a dilemma here. We've got to get offofit, we've got to go one way or the other, and I think it's for the environment. I don't mean to minimize the things that have been said by the people that live in the area, but if we're going to make open space work, and preserve the environment that we know about, we do have to move things into the hamlets, we have to allow the hamlets to grow, so that we can have the open spaces. There are a number of things. That, plus the fact that I trust what the Mullens will do. That's personal feeling on my part, certainly demonstrated by track record that they are going to make this a better Southold in this area. I urge you to accept that proposal. Supervisor Cochran: That was 3 in favor of. I will ask it there's anyone else that would like to ~ speak against the first time around7 gmyone else that has not spoken? Yes. ~ . Good evening Supervisor'Cochran and the Board. I think a Itt of people know I've been against this from the begirming. My biggest concern, and I guess I have to look at this - when you're looking at rezoning a piece of property right now that is owned by a business, anything can be permitted. Suppose there was no plan to do anything there, the question I have; why does this have to be rezoned? That's the question the Mullen family should be answering to the Board. Everything is contingent, the sale of this piece of property is contingent on this rezoning. If they can make nonconforming buildings now, why couldn't they do it on the property the way it sits - either the R40 or HB7 That's what scares me. If they - let's just say Dick Mullen's family decides they can no longer expand down at their present location. Ihey decide m move and sell out. That property's been zoned business - then what can move in there.'? That's where my question is in this whole thing. Nobody has come up with any answe~-s to that. I really haven't heard any COmments from the Mullen.famfly whether it's in the paper or whether it's here tonight. I've 'seen site plans, but my understanding is that site plans have been submitted for other nonconforming uses, and they didn't conform to them. So it lcaves a question in my mind. The Mullens family has a business to nm, and I understand that. To keep Page 19 Public Hearing 10/12/99 Mu/den Motors Zone t~an~e the business going, you must expand. I don't think it's anybody's fight to tell them to move, and I'm certainly not going to, but the question comes down to why do you have to rezone? Because once that gets done, and they decide to ever move, anything can go up. So, standing on that, I'm opposed to the application. Thank you. Supervisor Cochran:. Thank you Fred. Is there anyone else against? For the first time. Yes ma' arfl. Ms Julie Sanford: Hi. I'm Julie Sanford again. I'd just like to point out. I think it was Mr. Jenkins. He said he had never heard of a cottage that had been torn down by the Mullen Motor Dealership. I just would like to clear that up that, yes, the Finney house on Cottage Place where ~ the present employee parking lot now stands, that was where the house used to be. I just wanted to clear that up. Yes a house was torn down for a Mullen Motor car parking lot. Along with other houses that were removed off' the Main Rd. We have never said that the Mullen dealership// should totally up and move away We are being reasonable We are asking ~ what you have now, you have main road visibility Please do not further expand and recede backwards into the neighborhood, or ruin our Rt. 25 scenic view. As far as all these saying beautiful parking lot, that's kind of a contradiction of terms - a beautiful parking lot. We are all supposed to look at this site plan for a parking lot and say oh, how beautiful. I feel like we're all looldng at the emperor's new clothes and saying, oh they look great, but there are no clothes. I also wonder with all these buffers and trees and berms, how much land will there be to park cars. I also have some ideas that the town had been tossing around as to what to do with heavy uses in the town. I understand we don't want to ruin our north fork vistas, but I do recall there was talk of placing heavy uses near the railroad tracks with north / south access. What has happened to that idea? Is that still part of our master plan? Whenever the master plan is finished or created. For people that live on Cottage Place, if some people find that they can tolerate conditions there, not everyone can. Everyone may like nice, quiet streets, no a'affic, being able to fide you bike, take a walk without worrying about being run over by a giant car carrier, or getting run over by a tow truck. We ail have to be very alert in our neighborhood watching out for things. It's just very unnerving to witness this giant car carrier going up on properties. This is a residential neighborhood. If this is a main road business, these things should stay up on the Main Rd., and not be coming into the neighborhood. We have enough traffic, in our .~ neighborhood just fi-om the residents coming and, going fi'om the Main Rd. that we can~ traffic from these Main Rd. businesses. I don t,see how expanding this busines_jsAg~going to alleviate matters. Cottage Place congestion, I don t see how ~e to the mess on Cottage Place. When you expand something, it creates more material demand, '~ and it triggers all additional things, more llgt,~,ting, more traffic, more metallic cars, more ugly signs. It just creates more the same, and I don t see the logic behind that. Thank you. / Supervisor Cochran: Thank you I would like to now give the opportunity to anyone who has not spoken. Either pro or con. There are many people who have been sitting here for many, many hours. I've tried to handle this as fairly as possible, and I think I have. But at this point, the hours is midnight. I think the hearing is not going to be closed tonight. You can come back on the ninth and continue this, but due to the hour, I will take anyone who has not spoken on either way. I'll start on this side of the room. Mr. Foster and then Mr. Lizewski, and then the gentlemen in the doorway. 2 gentlemen in the door~vay. Go ahead. Mr. Artie Foster: Artie Foster. 73 years in business. Probably more years than most of us in this room have been on this earth. The man wants to create a parking lot in a nonconforming use piece of'proDertv and get a zone change We're going down 48, and 124 pieces of' land have P~gc 2~ Public Hem4ng I0/12~)9 Mullcn Motors Zone L,mng¢ changed into zones. He's be~n waiting 2 years, and we can't do something for this man. I think that's a crime. All you landscapers that are creating this false beauty with your bushes, you're out of here. Supervisor Cochran: Artie, please. Mr. Foster: I'm a local businessman in this town. I know how hard it is to do business around here, and how difficult it is when you have to deal with everybody. I remember when McDonalds was coming. All the people walking by and the posters. McDonalds is one of the prettiest buildings in this town. All the fears have disappeared. I don't see papers ail over the road like everybody thought there were going to be. The traffic problem isn't there. I think the man should be allowed to continue his family owned business for another 73 years. Who knows how long anything's going to be there? When those stoves start co~king, we're all going. Supervisor Cochran Stop spreading fear Mr. Foster: You can't move in ne~ to the airport and expect the planes to stop flying. There has to be a reasonable solution. Supervisor Cochran: Thank you Mr. Lkzewski. That's a hard act to follow Mr. Joseph Lizewski: Yes it is. I would just like to say that if somebody reads the paper and thinks that tourism is our mainstay of life, most of us in business would like to find out where the tourism is November, December, January, February, March, and April when our taxes come due and every-thing else. Tourism is very nice, but it's certainly not a mainstay for most of the local businessmen. Most of us who live here year round know that. I think that one of the things that keeps being broached is why Mr. Mullen would want to have this whole thing zoned business. As a businessman, I can tell you that it's probably money. IfI was to buy their property, and I couldn't have any use for it in the future, and I was paying a certain amount of money for it, I certainly wouldn't want to buy it. It's just that simple. It's dollars. It has to be. If your not going to have a value - if you're not going to have a chance to use it in the future, why would you buy it? And the other thing is, I don't know if people realize how tough it is to go through the site plan process around here. I mean basically you could do nothing in this town without going through a very rigorous site plan. You might not have any rights to your business property unless the Planning Board decides to give them to you. Any changes that would be made, even on any kind of property, B, LB, anything. This determining site plan may take years. And those determinations can be fought here on this open forum. They usually are. It's not easy to give changes on the North Fork, and it's certainly not something that you can assume that just because the zoning change was given to you as business anything's going to happen to it without having a say on it. The Planning Board is very tough to get through. Anybody who's dealt with them knows that. You do have another recourse, if I was a businessman, and I knew that that was zoned wrong to begin with, and I could never use it for any of the uses I intend to use it for in the future. Or I may try to get something else done on it, why would I want to buy it? It's one of those things where you can ask, but if you want to pay for it, I think that's fine. I don't blame anybody for trying to get what they need to expand their business. In this town, how many successful businesses can you have? Look down the road ~t all the empty stores you have in Southold. Here you have a successful business, and here we're ta~ng to stop this successful business fi-om continuing. Again, a lot of these complaints, Like George Penny said that the sidewalk, the lighting, all these things - they are addressable. I think they are addressable through the site plan. and those are really small reasons if you really want to get down to it I Page 2t Public Hearing 10/12/99 Mullca Motors Zone think you'd find that something to this magnitude goes through - that those things would be addressed. They could be addressed. I don't thing the Mullens are backing down fi-om addressing those problems that a lot of people have addressed here. I think that there's a feeling here that something's going to happen here that shouldn't happen. On the other hand, if you put yourself in his shoes, you end up paying a large amount of money for that property. Would you buy it if you thought that you would never be able to use it for what you may end up doing in the future? Or allow your business to expand comfortably? Especially after what you're going through in the first place. Two years of this nonsense trying to get it zoned, or to even consider buying it. Would you do it? I think some of the people who complain should just try to put themselves in the other persons shoes for a little bit. Maybe you can soften a little bit on how you really feel about this. Because if you had that business, and you wanted that property, what would you do? Would you want a zone change before you bought the property, or would you want to buy property that you couldn't use for anything, or you couldn't improve the way you wanted it? So, it's really clear to me that Southold still has to grow. We have a tendency to stop ali growth We have a feeling that we want to shut the door somewhere past Laurel, and we don't want anybody to come in, and we certainly don't want it to grow But I've always said our greatest export is our children. But business is business, and people still have to have it. We need those service industries. This is not one that's going to go away. Some of these problems that people talk about are not going to go away. The truck that delivers cars is not going to go away. The zone change has nothing to do with that. You're not going to stop that fi.om happening. I go down there and drop off my car, I search for a parking place. You're not going to stop me fi.om tiding down that sweet. I can ride up and down that street ali day and do nothing. That's a public street. Some of the things that people want are not going to go away, and they're not going to change. I live on a comer in Cutchogue. There's not much I'm going to change about traffic on my comer, I'll tell you that. It's a public street. You can't do a lot about traffic on a public street, unless you own it. There are a lot of fears, and I think, a lot of misconceptions about what can really happen and how easy it's going to happen. That property gets zoned business, it's not an easy thing for Mr. Mullen to do anything else with that property. He has the right to go to the Planning Board to get the right to do it. Everybody thinks that you have - (tape stopped) It's not going to happen. A lot of these fears that people have, thinking it's going to be so easy. They are not so easy anymore. There have been a lot of Board changes since 1995 that make it almost impossible to start. I'm for Dick Mullen's zone change. Thank you very much. Supervisor Cochran: Thank you Joe. Cremlemen, there's 1, 2, and then 3 ia the doorway. The 3 gentlemen in the doorway with you finger up. Either pro or con, please. Then I'll go to the middle. Then I'll go to this side of the room. Mr. Frederick Schoenstein: My name is Fred Schoenstein, I'm a fellow businessperson in the town of Southold. I'm here on behalf of the Mullen Motors proposed, I'm going to call them improvements, not expansion. It is a form of expansion, but all the problems that I've heard tonight about the parking and the cars being in the road and stuff like that, even possibly car carriers. If there's a lot that's in the back that will take 35 or 36 more vehicles than right now, than what's the difference if it's aa employee that's parking in that spot or a customer that's there for a service, or if it's a new ear, or Wit's a ear carrier possibly turning around to go back o~ on~ the Main Rd. I don't drive & Dodge, and I don't drive a J~'p, but I've known the Mullens for 25 years. My opinion, he runs a first da.ss operation. His busings is a big asset to our community. More that supplying and servicing vehicles that you drive. How much taxes does this man pay? How many donations does this man make? How many families rely on their paychecks fi.om this business'~ I am sure his payroll is up there This money goes into our Page 22 Public Hearing 10/12199 Mulle~ Motor~ Zone t;tmng¢ community, and is a big benefit. Here is a family business that is fortunate enough to survive for 73 years. Fortunate enough to have the money to expand and do it fight. I saw the proposed parking area plan with the extensive landscaping and berms. It's probably going to be the most expensive parking lot on the North Fork. It looks more like a park, and not like a parking lot. I would hope the Town Board will vote in favor of this improvement. I'm sure if it's passed, they will do a first class job, and it will be tastefully done. Thank you. Supervisor Cochran: Thank you. In the plaid shirt. Ms. Linda Bertani: I'm going to be out of the country on the 19m. Supervisor Cochran: You shouldn't say that publicly. That you're going out of town. TV has run out of film Go ahead. Ms. Bertani I'd tike to speak in favor of the zone change for Mullen Motors. My mother lived on Founders Path. Prior to her death, she used to go maintain office at the Wharfhouse. I was in that area a significant amount of time, and I never really noticed that there was a bad traffic problem except of course, on Cottage Place, and everybody has to say that. I think that this proposed parking lot is really going to alleviate that, and I think it's going to be also a good thing when that parking lot and the buffer goes up on Locust Lane. Because after I'd go to visit my mom, I'd go to 7-11 for coffee at night. All I saw in that vacant lot was kids hanging out throwing garbage all over the place. So, I think this is going to alleviate that and I think if I lived on Locust Lane, I'd like to see that alleviated. I am in favor of changing. Thank you. Supervisor Cochran: Gentleman in the plaid shirt. Mr. William Witzke: I'll try to keep it brie£ My name is Bill Witzke. I'm a second-generation business of family business here in town, across from the Mullens. My farrdly owns property across from the Mullens. First of ali I'd like to say that they have been a great neighbor. Second, if these individuals have such concern that this business is causing such a ha?ard to the neighborhood, and if they feel that strongly about it, and they feel that possibly they should move out of the area to a second location, so be it. But I would say put your money where your mouth is and offer the Mullens fair market value for the property. Which we know is kind of ridiculous. It's very easy to stand back and say that they should stop growing at t}iis point. Where do we say the business should stop growing? Why is it so successful? He's successful because he's doing a great job with his business, and fortunately, he isn't causing some of these problems, his neighbors are causing some of the problems by (inaudible). I strongly suggest that the town look at this from a common sense of the point. Stop wasting all a lot of time and money. Mr. Mullen spent a lot of time and effort on this thing. It's time to put this thing to rest and resolve it. Supervisor Cochran: Thank you. Sir? Mr. Thomas Sledjeski: Thank you very much. I'll keep it as brief as possible, it's getting late. Madame Supervisor and member~ of the Board. I live on 1170 Highland Koad, Cutchogue. Ladie~ *nd gentlemen of the ~udienee. So far we've heard a lot of speculation in opposition to this pOteut~l zOne change. Quite frank!y, I think the speoflntlon really leads to fear and fear can lead to falsehood. I urge you to use common sense which would lead to logical discussion and hopefully fact finding and truth. The one issue that I don't think has been addressed enough is the drain that we suffered around here in the losing young people to the western end or dty jobs or someplace else This is a family which supports, not only themselves, but at least 30-35 other Page 23 Publ. ic He-armg 10/12/99 Mu[leu Motors Zone Change families. Local families, hard working families, people who need the jobs. The tremendous drain' of friends that I've seen that have left this area, friends that I'm sure you've all seen - my generation and younger people - push these people that have stayed. One oft. he reasons they left was because there aren't jobs. There aren't many people who can look themselves in the face, and in the mirror every morning, face themselves and say, you know what, I support this community. I support their many families, I'm a good friend, Fm a good neighbor, and I'm a good citizen for this town. Thank you very much. Supervisor Cochran: Thank you. I will take you, ma'am. Then who else had their hand up in the middle? Okay, I'I1 take Ed Dan. Ms. Therese Simchick: Good evening. Terry Simchick, New Suffolk. Supervisor Cochran: Ed, I've got 2 before you Ms. Simchick: I'll be brief. I'm Therese Simchick from New Suffolk I do not know Junie Albertson. But I know Rich Mullen. Rich Mullen is no Junie Albertson. I don't think they are attempting this zone change to rip down Colonial Comers. It's never been brought up. It's never been posed that they are going to take the whole area and change it, and destroy all the buildings in Colonial Comers. The issue is the small parking lot area. I think that should be focused on. It is a small amount of land, and I do believe it will increase the beauty of the area. My husband works for Mullen Motors. On behalf of the many employees that are here tonight, I would like to say that they have provided enough opportunity for us to stay here. We just had a high school reunion There are people I grew up with that live in Glen Cove, and say; how can you afford to live in Southold Town year round? What's your husband do for a living? Mullen Motors provides a retirement plan for my husband. We're allowed to stay, to live here, be in the community. Rich and Bill Mullen and their wives want to keep the business going. They haven't ended it in the grand exodus like a lot of people we grew up with. They want to stay and they want to continue to contribute to this community by providing a livelihood for all of us. I know that's just a bit of emotion from me because I am involved in it in that respect, but logically, it seems to me that it's a small area. We need to focus just on that parking lot area. They've complied with everything they've been asked to do, and we strongly urge that you support their request. Thank you. Supervisor Cochran: Thank you. Yes. Ms. Barbara Szczotka: I'm Barbara from Southold. I'll try and keep this short and simple. Supervisor Cochran: Thanks Barbara. We have to be back at 8ara to do budget. Ms. Szczotka: My heart goes out to the Mullen family. We also work in a family business on Rt 48 which is - Supervisor Cochran: We're familiar with it. Ms. Szczotl,*: I grew up with Dick Mutlen. My kids and his kids went to school together. His business h~s been there 73 years, ours ~ been there for 65. He's been there longer than we have. His business has fortunately grown with our town. This has been a successful business, family owned, for 73 years. I can tell you why. Because Dick Mullen is a kind ~nd considerate upstanding citizen, as well as his family members Most people would vouch for the fact that he Page 24 Public Hearing 10/12199 Mulle~ Motors Zone Change is honest and straightforward. He certainly does not wear a pinky ring or gold chains around his neck, white shoes (laughter). A lot of'businesses in this town have changed himds or gone out of' business. He's still here and that should tell you something about this man and his family. I'm sure that most of the people in this room have bought a car fi-om him at one time or another, and used his services. His customer service department is one of the finest, and is ranked No. 1 in the nation. Just ask any of his patrons. His awards also testify this. Did the neighbors to Mullen Motors have a blind eye when they moved into the area? Didn't they look around at the surrounding properties? He was there before they were. They should have been aware of the type of' business he had. He certainly would not do anything distasteful to his property or to anyone else's property Fie cares about our town, and the quality of'life here. That's why he stilI lives and operates his business here. Town Board wants to keep the businesses in the hamlet, well here we are again. Mr. Mullen is trying to keep his business in the hamlet at the price of some of'the businesses on Rt. 48. I respectfully ask that you let Mr. Mullen go ahead with this plan, and continue to serve our community as you always have with the utmost of honesty and integrity Supervisor Cochran: Thank you. Mr. Dart is next. And then I'll take you, Sir. And then Mr. Scott in the back. Mr. Edward Dart: Hi, I'm Ed Dart. Normally I'm in bed at this time, and I've missed my chance to be on television. But I'm speaking to you tonight, partly as chairman of the town tree commi~ee, and partly with some personal thoughts on this. The Mullen family's effort to enhance their 3-generation auto enterprise got off to a very unpopular start with the removal of the trees on Locust Ave. In my capacity as tree committee chairman, I'm a tree observer. I'm not necessarily a tree hugger, but I'm certainly a tree observer, and I can tell you that I've been observing the trees on Locust Ave. for lots of years, and they were not a particularly attractive nature, and provided no significant buffer to the houses in this community. In my view, a neatly planted, natural design, well maintained, screening hedge would be more effective and a greater asset to their neighborhood than what was there, or is there now. No way should the removal of the trees have any negative bearing on the Mullen application. That's a personal thought. I think that as long as this is still the USA, and entrepreneurism is the backbone of our economic growth in th/s country, something we could really use more of in Southold, I personally believe that the Mullen family should be given the oppommity to improve thek business. And in a similar fashion, all other business landowners in the town should likewise have their options preserved. Thank you. Supervisor Cochran: Thank you Ed. Yes Sir. Mr. Fredrick: I think it's an insidious idea being put forth. It's being characterized as a parking lot. The issue here is not a parking lot; it's a zone change. I've heard numerous people get up and say there's no traffic on Cottage Place. I live on Cottage Place. Nobody has any numbers. It is a problem. I live with it every day. Somebody says, it's not in my backyard. Well it is my backyard. I just like to say that's it's more than a parking lot someone's talking about with the zone change. I'll tell you, I'm a businessman. I work very hard at it. And I have no ill feelings toward the Mullens. I don't know them personally. The people value their integrity and they've been here a long time. Everybody likes to see business, and tikes to see it ~o*v. But my question is, at what price? To destroy the value of my property. I wish the Mullens well. I hope the business can grow. But I feel it's grown out of the place where it is. To grant the zoning change is to open a Pandora's Box. Let's address the real issue. Page 23 Supervisor Cochran: next. Public Hearing 10/12/99 Mullea Motors Zone L,tange Thank you. I'll take fi.om the center. Mr. Scott - I believe you were Mr. Robert Scott, Roberts Jewelers, Southold: My name is Bob Scott. I've been in business since 6/10/85. When I opened my store, and I came to this town, I didn't run it the way I wanted to. I ran it the way the public wanted it. One of the first things I did when I opened my business is I went around and asked my neighbor retailers - how should I mn it, how has it been run? I didn't tell them - this is way we're going to do it. I came into your backward. I came into your hometown, and I did it your way. And I still do it your way. Dick Mullen was here long, long, time probably before LaGuardia airpom When LaGuardia airport was first started, there were very few houses, if any, around it. Through the ensuing years, a lot of houses went around it. Then there was a lot of noise. Because there were a lot of houses around it, people complained about it. The airport was there first. The people moved in afterwards. Unfortunately, Dick Mullen has to grow His business must be good because people evidently keep coming back and he stands by his word every step of the way He can't paint a picket fence, but other than that, he's a good man He desep,'es the respect of a good businessman who has turned around and employed a lot of people. On the other hand, I understand that the community too, who turns around and wants their needs satisfied as well. But when you see a man that's been here this long, and has tried this hard. If he really wanted to do it - there's an old adage that goes around the back ears of what we hear - don't get a permit, just do it and pay the fine. Dick isn't doing that. He's going right head to head and getting it done the right way. He always has and always will. I admire the man for it. Thank you. Supervisor Cochran: Thank you sir Anyone in the middle here. Anyone else? If not. 1'11 go over to this side. Then I'll come hack. Mr. Albert Goldsmith, Jr., Goldsmith Boatyard, Southold: I'm a resident of Southold Town. I live within a quarter of a mile of Mullens business. My business happens to be within a quarter of a mile fi.om their business also. I was happy to see my son stand up tonight and speak his peace in favor of Mullen. I think whatever decision the Board makes in this case is going to affect not only the Mullen property, but our business, and a lot of other businesses in this town. I think the matter of the traffic congestion, you hear more cars going up the road ~reaming fi-om 7-11 and the beach down on Founders Landing, going up Town Harbor Lame, Hobart Rd., Old Shipyard, Cottage Place. These cars aren't a result of Mullen. They're a remit of 7-11 traffic. I just want to go on record as saying I support the Mullen property, and I hope the Town Board goes along with it also. Thank you. Supervisor Cochran: Thank you. Yes ma'am. Ms. Susan Nine: My name is Susan Nine, and I work for the Mullen family. I just want to say that I hope the Town Board supports their zone change to be able to expand to the parking lot in the back. A lot of businesses, particularly ours, people were saying that we are selling out of the back yards. It's totally untrue. We use that space in the back for our employee's cars, for all of the sold vehicles - we are not using it for storage of vehicles to sell. We work very hard to try to keep the traffic flowing. It is an issue with the ears. I, myself; live down Hortons Lane. There is a very large dealership there, Lucas Ford. And we have traffic all the time. I; does not hurt the property values. It was there prior to your moving to the neighborhood. Supervisor Cochran: Address your remarks towards us. Public Hearing I0/12/99 Mullen Motors Zone Cha~¢ Ms. Nine: I apologize. There are so many untruths about what is going to be done, or what is going to happen in the future. No one can tell. The Mullens are a wonderful family, and they do everything that they possibly can to make this a better place for themselves, the future, and for everyone. As an employee of the Mullen Dealership, we hope that you can approve their zone and be able to help us. Thank you. Supervisor Cochran: Thank you. Anyone else from t/tis side? Is there anyone that hasn't spoken? I called on you an hour ago, and you never took it. Come on up. Mr. Frank Locrotondodo: My name is Frank Locrotondo, and I live on Town Harbor Lane. A little bit about the character of Mullens. My son, as a small boy, was able to walk in the showroom, and was treated w/th the same respect as any qualified buyer. As far as the parking lot in the back, if they want to throw cars out of there, new cars are less likely to leak than old cars. The lot back there is a mess. I stand down there every day of my life, I stand in front of that lot, and it's absolutely a mess Any improvement there w/Il be well worth it If they want to rezone Colonial Comers, it has no architectural or historical value. So what if they bulldozed the place to put in a new showroom? Obviously the bay window in the front is a nice Iooking addition to the building. They've been around, you know, I'm just saying I don't see anything underlying or anything like that. ][just want to offer my support. I moved to that area so that my children could be close to town, could get ,to the library, could get to the stores, Cottage Lane is a mess. Getting cars offofthat road couldn t do anyth/ng but help. If they are forced to leave that area, you know what it's like to have a bank pull out. You have an empty building. You know what it's like to have a lumberyard puli out, you have an empty building there. What happens if Mullens goes up to Rt. 48? What will you have? You'li have an empty car dealership. Thank you. Supervisor Cochran: Thank you. I'm taking only people who have not spoken at this time. Yes sir. Mr. Charles Rand: Good evening, my name is Charlie Rand, representing Robert Hopkins, Commander of the Southold American Legion, GTG Post # 803. I'm here on behalf of my commander, hopefully, I'm not out of order. I'd like to speak to the Town Board with regards to the RO zoning change, or am I out of order? Supervisor Cochran: You're in the wrong hearing. Mr. Rand: In that case, I'm Charlie Rand, representing Robert Hopkins, Commander of the Southold American Legion, GTG Post # 803. In regards to the Mullen case; this gentleman and his family have been here many, many years. When I attended college in Southampton University, I did not study drugs then. I actually studied for a change, which is nice - it had to do with Real Estate Law. If you were a landowner, and this is applicable to everyttfing which is going on fight now, you have a certain amount of rights. Certain things which you could do to you property. I address you, the Town Board, common sense, please common sense. He does own the property. He does have the fight. As far as the folks in the surrounding area, when you moved in, buyer beware. They taught us this at real estate appraisal school. I'm just bringing common sense to you fight here, fi~ht now. Supervisor Cochran: Thank you Mr. Rand. Anyone who has not spoken in relation to - I don't think you did on this one. Okay, and McCarthy. Public Hearing 10/12/99 MuLlen Motors Zo.e Change Mr. John Costello: I totally 100% support this Mullen application. The ad in the paper as we started off the night, with Council Orossman, then with Council DLPietro. They both mentioned the surrounding areas are totally residential. I can quote it fi-om the paper. The residential communities surrounding the Mullen Motor Dealership. We all know anybody who lives in Southotd Town. The attorney's probably don't live in Southold Town. We all know that it's not surrounded. There's a road on one side, Colonial Coruers, 7-11, a ha.ir-cutting shop across the street. We ail know that. Everybody who lives here is concerned. One of the articles in the paper, the applicants are less than forthcoming. We all know, each and every one of you know, if anybody is truthful and forthcoming, it's the Mullen family. Never have they ever done anything different than that. The other thing that everybody is concerned about is the rural character of this town. In this letter, the success of our small town charm is this small family operated business. No one should want to do without that. I just hope my son can stay in the same business, in the same area, in the same town. I hope everyone whose spoke tonight with a family in Southold Town has the opportunity to remain here. Let me tell you what the Mullens have done for the young, working people in town They employ some odd 30 people, I hope they employ 40. I hope they keep it in the same general area, so they don't exploit some of the open spaces, and some of the zoning concerns that you have in other parts of the town. Please don't move Don't let them move. Don't let them scatter the car businesses throughout this town. Let them concentrate it, let them do it, let them handle it with a planning system that you have in your hands. You have the zoning tools, use them. You can make an arrest, and they will clean they property up. You can insist, a~d they will do everything that you want Remember when the mom and pop stores were here, when we were kids? They were everywhere. They are gone. Do you know why? Shopping centers up west. We can't go back to yesterday. None of us can. But we can look forward to the future, and maintain some of our youthful opportunities in this area. You know what the youth are going to do, that have jobs in this area? They are going to buy a house. They are going to maintain a house. They are going to have children. He provides a lot of that in the town. That's important. Without that, this town would have nothing. We need that mix. Encourage it. Keep a business like this in the town. Thank you. Supervisor Cochran: Thank you John. Anyone else? Mr. Thomas McCarthy: I'd just Like to lend my support, my wholehearted support for the Mullen application, the Mullen family, and the way they conduct their business. I almo~ feel, and it's kind of a sad thing, I almost feel we're doing the eulogy for Mullen Motors tonight. Everyone standing up and saying how they feel. I really don't think it ought to be a eulogy, we ought to embrace the Mullens, the way they do business, and let them expand within the hamlet. I think what's really, some issues, one of them might be timing. Had the Mullens owned Colonial Corners or the lot behind it, when the last zoning change came around, they probably would have wrapped the B zone around those properties, around the vacant piece, as well as what's zoned B right now. Mullen is at a disadvantage because it's an issue of timing. Had they owned those properties back then, the last time the zoning changes came around, they'd be B zoned today, and they wouldn't have these issues. I ask that you don't let them suffer for a lack of the issue of timing. Another issue that Mr. Grossman pointed out was that there were other locations around if they wanted to relocate their business. I really don't think they should. When I think ora hamlet, Ithink ofMullens. I think they are the beekbone of the community, with the type of people they are, the number of people tha~ they employ, and the way they run their business, lust as a point of issue, Mr. Grossman said there are other locations for them to locate their business. If and when the Kraraer Report goes through and the zone changes are made on Rt. 48, I've spent a bit of time studying this, and in the zip code 11971, there will be 2 vacant B zone properties that are unimproved The Kramer Report is not only changing things Public Hearing 10/12/99 Mullen Motors Zone Change on Rt. 48, it's virtually eliminating any B zoned properties, and eliminating locations for the Mullens to relocate their properties. One is a 1-acre piece on the Main Rd. in Southold, and another is a ~A acre piece on Rt. 48. There w/Il be no more vacant B zoned properties, unless that report doesn't go through. Mr. McCarthy: Sometimes I think the town loses sight of our future. I think the Mullens are a big part of our future. When it's time to sell their business and get out, I think it's time for me to get out too. Thank you. Supervisor Cochran: Thank you bar. McCarthy. Anyone else who hash t spoken. Sir? ' 9 Mr. Joseph Schoenstein: Yes, my name is Joe Schoenstein, and I own a business in to~rn, and I have a residence in Southold too. I want to speak on behalf of Mr. Mullen and his idea of putting in a parking lot. [ think one of the things that is missed is that it's extremely low impact for the area I think it's extremely slight for what he wants to do There's no damage or impact to the area whatsoever He wants to put some shrubbery in. He wants to park some cars It's definitely going to help the road situation. I don't understand all the reasoning and the amount of time the people have put into this. I just don't understand. To put in a simple parking lot - to park sorae cars. They brought up tonight about hotels and motels and that k/nd of thing, that could also be a possibility, and the food chain would be all night, parking, cars in and out. What he wants to do - they go home. They close at 5pm That parking lot, basically, will be closed up. Whether the lights go out or not, that's going to be up to you guys to decide. But it's a Iow impact. 7-1I goes on all night~ Restaurants go on all night. Bars, any businesses that are open to the public would be much more of an impact than what he wants to put in there. Thank you very much. Supervisor Cochran: Thank you. Is there anyone else who has not previously addressed the Town Board? Anyone wants to speak who has not yet had the opportunity for the first time? Okay, I'I1 take your comments. Ms. Melanie Sanford: Melanie Sanford again, Locust Lane. I do know the Mullen family too. I went to school wfth the Mullens, I think there was probably a Mullen in every class growing up. Christine was in my class. RJtchie was in my sister Holly's class, and I think Billy is a year older than Julie. So, I do know the Mullea family, and the Mullen family knows us. But there is cause of concern with this application, and it has to do with the site plans. Everyone has said it's going to be a beautiful parking lot, and it's going to be buffered, and everybody who has stood up here tonight and made those claims, I would like to invite them all to the Planning Dept., and look at the old site plans. What is on paper and what is actually present at the site. It was much to our amazement. We didn't find out until 1997 that a lot of what's on the property shouldn't be there There are actually violations existing on the property. For everybody who thinks that it's going to be a wonderful thing, that you should probably examine the facts. There are things that we are unhappy with, and they are specifically involved with site plan violations. Everybody who said this is going to be a wonderful thing, and it's going to look like that photograph over there, I'd like you look at the old site plans in the Planning Board Dept. Go to the Planning Dept. They ~re very helpful, they w/ll point you~jright to the files. Look ~t those old site plans. ~ a lot. Supervisor Cochran: Thank you. I'm going to - I think everyone's had the opportunity to express themselves. I am not closing the hearing, I'm recessing the hearing. If there is anything you would like to send in wr t ng you send it to the Town Clerk It uhll b~ put into the record Puoli¢ .C/earing 10/12/99 Mullen Motors ZOne Change We wi. il resume the hearing at our meeting on the 9~'. We still have 5 public hearings to go through, and our r~olutiorm. And the hour is getting late. One short thing, Jean. You're welcome to come baclc M_s, Senn Sanford: Jean Sanford, Locust Lane. I just wonder if a lot of these people were listening. The neighborhood was thee before Mullcns. That c , We didn't move in aRer he was there. Thoa h,~,,~ ...... oaeept, I mean, it s vet ~ e .... were atways there, and he ...A_ .Y eL wy on Ye other side of the road· He was just a small gas station. Th~ btg, big, ear dealership was not there first. Please.try to remember that. I keep hearing i~,'it's in the paper. What d~fference does it make who's first? You have to consider other people's rights. The~e are our homes. This is not a bus/ness where we could go home at ~ight. This is where we live, this is our property. Thar~k you. ' Supervisor Cochran: Thank you. m recessing the hearing. Hearing recessed at 12:40 A.M., October 13, 1999. 002__ Page 30 NOV 9 i 99 Seult~d Town Cle~ R.H.Frederick 385 Cottage Place Southold, N.Y 11971 8 November, 1999 Southold Town Board Southold Town Hall 53095 Main Road Southold, N.Y 11971 Dear Southold Town Board; Re Zoning Change Proposed by Mullen Motors This letter will confirm my opposition to the zoning change requested by Mullen Motors in the Colonial Corners area of the town. I previously expressed my opposition to this zoning change in a letter to the town board on 13 March, 1998 and more recently, at the public hearing at Town Hall on 12 October, 1999. This zoning change, if granted, would be an open door to the degeneration of Main Road in the Hamlet into The Jericho Turnpike of Southold. I would not like to see this negative change in the quality of life and the character of the Hamlet as we know it. Those are among the reasons we live in Southold. It would also certainly have a negative impact on the value of my property. How does the board decide th~tt my property should be devalued for the benefit of a private company? As I understood the legal presentation by the attorney for Mullen Motors at the recent hearing, the physical change being sought is to convert a vacant lot in the neighborhood to a parking lot for Mullen Motors use. I would like an explanation of why such a conversion requires a zoning change. In its deliberations and decision on this matter, I sincerely hope it will be possible to develop a plan that will serve the needs of business in the Hamlet (in this case Mullen Motors) without adversely affecting the quality of life and property values of nearby residents. The Lucas Ford dealership on Horton's Lane seems to me to be a good example of planning that serves the needs of business without being detrimental to the character of the Hamlet's residential areas. Perhaps a similar arrangement could be considered in this case. In the interest of preserving the integrity and character of the Hamlet, please deny this zoning change. Very truly yours, R.H. Frederick Helen W. Prince, 1165 Founders Path, Southold, NY 11971 November 9, 1999 Southold Town Supervisor and Members of the Board Main Road, Southold, NY 11971 RECEIVED NOV 9 Sa~tflold Town Clerk Everyone should know the history around them, and how it repeats itself, for better or for worse. Mullen Motors has been on Route 25 for 73 years. Hobart Road, Cottage Place and Locust Lane were developed well over 100 years ago; the east side of Founders Path and the west side of Old Shipyard Lane were completely built up before World War II. The Mary Dayton estate, consisting of two farm lots in the center, was built up immediately after, but well before Mullen Motors flourished and started buying the surrounding houses and acreage. I have been married and living here for more than 59 years. That means I have seen Mullen Motors through 3 generations of growth. Originally they were a gas station on the north side of Route 25. Their first building on the present site was small. It had a curb, grass, and sidewalk along route 25, but they removed it. There was once a well defined walking area along Cottage Place. Gone. At first the Mullens carried on their business pretty much inside their boundary lines; but with good economic times they expanded, and this "grandfathered" business was granted multiple variances and zone changes, one after another. Each application for a variance or zone change was accompanied by a site plan promising attractive trees, evergreens and flowering shrubs. Never, never, never were these site plans carried out The files at Town Hall are littered with their site plans. Those were Mullen's promises, all broken promises. With Mullen's growth, their business has appropriated public domain on both Route 25 and Cottage Place. All walking areas are gone, replaced by a wide driveway for five Service Bays and 12 rotating pull-in/back-out slots on Cottage Place. Mullen Motors, (a business), has arrogantly appropriated public domain and not been held accountable. These Service Bays facing Cottage Place could not have been built without intending to use the road to do business. That is their history. Should it be repeated? Now we come to the big CLINKER and its threat. (1) Mullen wants more space for parking cars. (2) The present owner of that space won't sell without selling Colonial Comers and the many needed shops, along with it. (3) Mullen won't buy the two properties unless the Town grants a zone change on Colonial Comers. He says he has no "present" plans to tear down Colonial Comers, so why is he asking the Town to facilitate the sale? Is the Town being asked to go into the Real Estate brokering business? Two years ago Mullen said he wouldn't tear down Colonial Comers for five years. Now he implies that for years to come, he wants to be a landlord, collecting rent, hiring tree and lawn services, painters, and meeting emergencies by having plumbers, electricians, and carpenters on call. This is just another promise, to go the way of all others. If not a landlord, his alternative would be to put the shops in Colonial Comers out of business; something he has accused his opponents of wanting to do to him. Isn't that "the pot calling the kettle black?" If this zone change is granted, the property will forever be in peril. Each of you knows the many types of unseemly businesses you would be allowing,- not at some far future time, but starting the day it is granted. Should the Town change the zone for the sole apparent purpose of supporting the sale of land to benefit two inflexible businessmen? Residents of Founders Estates, residents on Hobart Road, and all those visiting Founders Landing who must exit through Cottage Place, don't want an expanded car dealership as the gateway to this residential area. A monstrous expansion along our village street would be against all the Town's efforts to preserve our heritage. Mullen must not be allowed to expand this way at the expense of so many others who share this town. Most sincerely, Helen W. Prince RECEIVED NOV 9 1999 Southold Town Clerk FROM: DATE: Southold Town Board Arthur DiPietro, Attorney for Richard and Gayle Frederick Mullen - Change of Zone November 9, 1999 This document, to be made part of the ofl/cial public hearing record in connection with the above referenced change of zone application, is not intended to be a legal memorandum replete with judicial and statutory citations. There will be time enough at some future date for such a document should litigation prove to be the only alternative. Rather, I take this opportunity to share with you some observations, some conclusions and some recommendations gleaned from my study of the record complied to date in support of and in opposition to Messrs. Mullens' petition for a change of zone. There are four {4} categories to my analysis. They are as follows: 1] Documentation germane to the Petition; 2] Zoning Code and Planning Study provisions relevant to your Board's decision; 3) Legal principles material to the merit, or lack of same, of a given change of zone application; and Conclusions that, with all due respect, I urge you will be compelled to reach in order to avoid an arbitrary, capricious and prejudicial determination that will be set aside by judicial intervention. DOCUMENTATION: There are four {4] essential documents at the core of the matter. They are as follows: 1) EAF Review prepared by NPV for your Board and dated 9/10/97; 2) EAF III, prepared by Petitioners' agent, dated April 1999 and filed with the Town Clerk on 4/23/99; 3) NPV response to said EAF III dated and filed 5/24/99; and 4) Protest Petition filed by Carolyn A. Zenk, Esq. Under cover of letter dated 7/5/97. ZONING AND PLANNING PROVISIONS: Code Section 100-90 PURPOSE {HAMLET BUSINESS] states: "The purpose.., is to provide for business development in the hamlet central business areas.., that will support and enhance the retail development and provide a focus for the hamlet area." Code Section 100-100 PURPOSE {GENERAL BUSINESS) states: "The purpose is to provide outside of the hamlet area.{for) uses that al bi cl benefit from large numbers of motorists; need fairly large parcels of land; and involve.., heavy, trucking and noise" {EMPHASIS ADDED}. {NOTE: in 1999 very few, if any, customers walk to a car dealer, either for purchase or repair). Code Section APPENDIX - BULK SCHEDULE provides for General Business, as follows: 11 Front yard 21 Side yard Rear yard 4) Landscaping 5) Lot coverage 100 feet or average of existing adjacent set back; - 25 feet/50 feet; - 35 feet; - 35% m/nimum; and - 30% maximum. Code Section 100-13 DEFINITIONS provides, in part: "AUTOMOBILE SALES LOT OR BUILDING - A lot or building used for the sale or hire of automobile equipment." {EMPHASIS ADDED). Code Section 100-191 - OFFSTREET PARKING provides, part: a) "The Planning Board may waive all or a portion of these requirements in the Hamlet Business District {based on a finding of adequate and proximate municipal parking' {EMPHASIS ADDED], {Bulk Schedule at page 10107): "Motor vehicle.., salesroom or outdoor sales lot - 1 per each 600 square feet of showroom and sales lot area..." {EMPHASIS ADDED). 4 Local Law 15-1998 - ROUTE 48 CORRIDOR MORATORIUM provides: "PURPOSE:... [The) necessity to locate businesses in suitable zoning districts in areas which are best suited for the placement of such businesses~' "...to ensure that economic activity take place in desirable locations thereby maximizing the existing character of the Town's hamlet centers." [EMPHASIS ADDED]. LEGAL PRINCIPLES TO A PETITION FOR A CHANGE OF ZONE 1] A change of zone runs with the land and is not personal to a given applicant. A change of zone involving only one owner and one parcel of land often constitutes illegal spot zoning especially where a} such change is not part of an evolutionary trend of a neighborhood in transition recognized by the municipality's comprehensive plan or more recent hamlet studies, or b} such change is considered favorably in large part by the needs of the applicant, as opposed to the needs of the community, and because the applicant is a "good" property owner. A change of zone involving a pica by the Petitioner that he has no intention of tnki,~g advantage of the plethora of new uses aw!lAble in the new (downzoned) classLfication and that he will agree to an endless list of convenants and restrictions circumscribing his use and enjoyment of the property often constitutes illegal contract zoning which can later be successfully attacked by either the citizens in opposition or the Petitioner himself. A 4) A change of zone, especially one initiated, as here, by a private property owner must be consistent with and in furtherance of the existing comprehensive Land use plan of the municipality. It cannot be conside~l in a vacuum. It must be viewed relative to what else is being considered by the municipality, in distant as well as adjacent zoning use districts. All have an impact on each other. The State Environmental Quality Review Act {SEQRA) requires: a) b] and, cumulative impact be considered; alternatives to the proposed action be evaluated; c) substantial mitigation of significant impacts be addressed and implemented. SEQRA further requires that a "hard look" be taken both by the petitioner and by the municipality. Cursory, conciusory, self-serving environmental assessments constitute glaring defects in the public record just screaming for a court to set aside the determination. CONCLUSIONS: 1] The SEQRA process is not complete. The EAF III [fried 4/23/991, prepared and submitted by a consultant/agent hired and paid by Petitioners, is deficient on its face. It is conciusory and serf serving to the point of being offensive and patronizing. This is a Change of Zone application. For Petitioner's consultant to baldly state that its comments are reserved to parking/landscaping because no other charges are proposed displays either a total ignorance of the law or a complete disregard for the duties of the Town Board. Having securely placed foot in mouth, the author of the EAF III proceeds to gag on her toes. Incredulously, she states at page 2 thereof that the Board need not consider the impact of further actions ff same are speculative. This is not a use variance application before the Zoning Board of Appeals {The Applicants have already received and abused one of those). This is not a site plan review by the Planning Board. This is a chan/~e of zone. Several new uses, all inconsistent with the continued integrity of the hamlet core will become permitted uses on the property. Instead of HB uses such as professional offices, banks, shops, gatleries, libraries, museums and B & B's, the Board is being asked to permit as matter of right warehouse, food processing plants, beverage distributors, dry-cleaning plants, take-out restaurants, gas stations, car, boat and RV sales. This is not speculative. Furthermore, nothing is offered in the EAF III to mitigate or insure against the likelihood of any such future actions coming into existence. We are told merely that the applicants are good guys and we should trust them. That is not the law! 2} The Board must issue a positive declaration and require a full Environmental Impact Statement {EIS]. NPV {5/24/99) advised that the Board cannot issue a negative declaration with conditions. It further advised that the EAF II was deficient. No response has been forthcoming from the Petitioners to attempt to cure these defects. NPV stated at page 6 of its 5/24/99 review that: "If there are one or more key impacts that are not mitigated, the Board would retain the option to seek a complete draft EIS.' The failure or refusal of the Board to exercise its stated option is per se arbitrary and capricious. Were I counsel to the applicants I would demand that they voluntarily prepare and submit such a document to assure the integrity of the record. 3) The traffic study is incomplete. It fails to offer alternatives to the project. It fails to pay more that cursory attention to acts of mitigation. Examples of such items that should be considered are as follows: a) access to Locust Avenue; b) relocation of e~i~sting buildings on Colonial Comem; prohibition of left turns [South) from the proposed parking lots onto Cottage Place; d) restriction of commercial vehicles {except for local deliveries) on Cottage Place and Locust Avenue; e) reconflguration of all existing offstreet parking at Mtfllen Motors to maximize efficiency and enhance mitigation of impact on the adjacent residential community; and calculation of percentage of parking needed for new/used car inventory [sales lot - a principal use) as opposed to the that needed for customer/employee parking {an accessory Dunn Engineering is the retained consulting engineer for the Village of Westhampton Beach. There is no way this most disastrous change of zone would occur in the manner proposed in that municipality on Dunn's watch! 4. No alternatives to the project have been proposed, discussed or considered. It would seen quite simple for Mullen Motors to have its cake and eat it too by simply acquiring a piece of land nearby presently zoned General Business for its repair and back up inventory storage needs. It would be less expensive {see testimony of Richard A. Winters on behalf of Mullen before the ZBA of 3/5/87). It would be more efficient. Most intelligent, forward thinking business, now have front-office, showroom facilities in high-exposure, high-rent areas and backroom operations at other, less costly locations. Most importantly, it would be more a appropriate land use and it would relieve this Board of being asked to approve an illegal change of zone. 5. Covenants and restrictions will not be sufficient to hold the applicant to its word and prevent future violations and abuse. To keep the horse in the barn on this topic would require a set of covenants so extensive and pervasive as to sterilize the property except for a parking lot. Those covenants, as recommended by the Suffolk County Planning Commission {11/3/99] would have to cover the entire Mullen site. Yet, the Mullen's have maintained a checkerboard {single and separate ownership] and look to continue to do so on the subject premises. 8 The Cottage Place parking lot is illegal. It is an accessory use {customer/employee parking] standing alone on a parcel that has no principal structure or it is a principal use {outdoor sales lot} that violates all of the set back and lot coverage/landscaping requirements of the code. This entire situation is a me~. It has been so for twelve years. It is getting worse. 6. The Board is currently in the process of mapping a vision for Southold for the next century. As I understand it, that vision has three {3} component parts. They are as follows: 1 } Rt. 48 as a scenic corridor; 2) Traditional hamlet centers as core magnets for civic and cultural vitality; and Hamlet fringe areas as receivem of uses now thought inappropriate for either Rt. 48 or the hamlet centers. I do not expect Mullen Motors to pack up and leave lock, stock, and barrel. I do not expect its showroom to be converted into an antique auction barn, a beach plum preserve shoppe or a boutique for the sale of Founder's day doilies. However, neither do I expect my clients, Richard and Gayle Frederick, to plan the conversion of their historic colonial home into a speed shop selling hubcaps, continental kits and checkered dice to adorn the rear view mirror of a 2000 Prowler. One of the greatest enemies of hamlet pedestrian friendly intimacy and the effective working relationship between traditional residential neighborhoods and small town Main Street businesses is the blacktop wasteland masquerading as a parking or outdoor sales lot. Any planning consultant worth his or her salt and sensitive to traditional mixed-use communities abhors this sterile vacuum, devoid of human presence, with its allen insect light stanchions buzzing out rays of blue and orange glare. I would rather walk by a friendly country burying ground. 7. On a more pedestrian vein (pun intended) I take this opportunity to list, perhaps recapitulate, several compelling reasons to deny this application. They are as follows: 9 a) the applicant comes to the Board with unclean hands, having failed to comply with several conditions of approval previously imposed by the ZBA and the Planning Board; b) the applicant has failed to offer alternatives to the project, incorporate acts of mitigation {including consent to covenants}, address cumulative impacts or otherwise comply with Applicable Law; c) the applicant has failed to exhaust his administrative remedies by not making application for a use variance to the ZBA {unless, of course, he has some untold secret future plans for the property); d} the Board has failed to consider this application in the context of its comprehensive plan, has failed to address its relationship to the proposed rezoning of Rt. 48 and has falied to require the applicant to respond to the concerns raised by NPV on 5/24/99; e} the citizens in opposition have filed a protest petition, requiring a super majority vote of the Board as pointed out by counsel for the applicant on behalf of clients in the Rt. 48 rezoning; there has been no balancing of the equities between the demands of the Petitioners and the genuine needs and concerns of the neighbors; to grant the application would constitute iilegal spot and/or contract zoning; h) to grant the application would constitute an arbitrary and capricious abuse of sound discretion by the board; and j] to grant the change of zone would violate the civil rights and property rights of Richard Frederick and Gayle Frederick and expose the Town of $outhold and its representatives to both compensatory and exemplary damages. Open Letter to Trustee James Mills June 5,1998 RECEIVED NOV Souf~ol~ Town Clem Dear Mr. Mills, I watched the Greenport Village Meeting o1 May 21, on Channel 27 and would like to commend you for your insight and sensitivity with regard to the architectural plans for Mitchell Park. You are right when you say that residents, second-home owners, and visitors all "enjoy the New England architecture of our area" and that "people do not come out here to look at Metal and Glass." For the same reasons that you do not want to see Metal and Glass show cased in Greenport, we too in Southold do not want Metal and Glass blighting our 1640 village. We do not want to lose the New England architecture of Colonial Corners to the Metal and Glass of a sprawling car dealership and car lot. Metal, Glass, Plastic, Macadam, Halogen Lights--these symbols of suburbia are totally at odds with our historic setting. The direction we take today is tremendously important for it certainly will have major, major long-range implications for all of us in the community. It is noteworthy, and much to your credit also, that when you needed to expand your business, you did it in a most appropriate and considerate way. Your efforts will not go unnoticed by future generations. Sincerely, ~fulie Sanford S.T.O.P.--Watch Thursday, June 18, 1998 ~ Traveler Watchman ~ 7 .Like'Old Buildings An Open Letter to Trustee James Mi]N: Dear Mr. Mills, I watched the Greenport Village Meeting on May 21 on Channel 27 and would like to commend you for your insight and sensitivity with regard to the archi- [~tural plans for Mitchell Park. You are right when you say that residents, second-home owners, and visi- ,-,tors all "enjoy the New England architecture of our area and that peop e do riot Come out here to look at · metal and glass.'· ~ For the same reasons that you do want to see metal and glass showcased in Greenport, we too in Southold do not want metal and glass blighting Our 1640 vil- lage. We do not want to lose the New England archi- tecture of Colonial Corners to the metal and glass ora sprawling car dealership and car lot. Metal,.giass, p]as- tie, macadam, halogen lights--these symbols of' sub- urbia are totally at odds with out- historic setting. The .direction we take today is tremen~lously important for, It certainly will have major, major long-range imp]i- cations for all of us in the COmmunity. It is noteworthy, and' much to your credit also, that when you needed to expand your business, you did it in a most appropriate and considerate way. Your efforts will not go unnoticed by future gen- erations. Julie San£ord, S.T.O.P.-Watch Large Questions Loom to the West Editor: RECEIVED NOV 9 I999 -Southold Town Cler~ Zoning Code, Article I, General Provisions RECEIVED NOV ~ 1~9 Southold Town Clerl~ Our concern is entirely with our rights as citizens and property owners. The General Provisions of our Zoning Ordinance protects these rights. It's fundamental purpose is to protect and promote "the public health, safety and welfare" and includes the following: 100-10 Purposes c...privacy for families d...prevention and reduction of traffic congestion e...maximum protection of residential areas g...enhancement for the appearance of the Town of Southold 100-11 Conflicts A. "Where a provision ...conflicts with..,any other provision...the provision or requirement which is more restrictive or which establishes the higher standard shall govern." The higher standard of a residential neighborhood should come before that of a car dealership. Helen W. Prince, 1165 Founders Path, Southold, NY 11971 November 9, 1999 NOV 1999 Southold Town Clerk Southold Town Supervisor and Members of the Board Main Road, Southold, NY 11971 Everyone should know the history around them, and how it repeats itself, for better or for worse. Mullen Motors has been on Route 25 for 73 years. Hobart Road, Cottage Place and Locust Lane were developed well over 100 years ago; the east side of Founders Path and the west side of Old Shipyard Lane were completely built up before World War II. The Mary Dayton estate, consisting of two farm lots in the center, was built up immediately after, but well before Mullen Motors flourished and started buying the surrounding houses and acreage. I have been married and living here for more than 59 years. That means I have seen Mullen Motors through 3 generations of growth. Originally they were a gas station on the north side of Route 25. Their first building on the present site was small. It had a curb, grass, and sidewalk along route 25, but they removed it. There was once a well defined walking area along Cottage Place. Gone. At first the Mullens carried on their business pretty much inside their boundary lines; but with good economic times they expanded, and this "grandfathered" business was granted multiple variances and zone changes, one after another. Each application for a variance or zone change was accompanied by a site plan promising attractive trees, evergreens and flowering shrubs. Never, never, never were these site plans carried out The files at Town Hall are littered with their site plans. Those were Mullen's promises, all broken promises. With Mullen's growth, their business has appropriated public domain on both Route 25 and Cottage Place. All walking areas are gone, replaced by a wide driveway for five Service Bays and 12 rotating pull-in/back-out slots on Cottage Place. Mullen Motors, (a business), has arrogantly appropriated public domain and not been held accountable. These Service Bays facing Cottage Place could not have been built without intending to use the road to do business. That is their history. Should it be repeated? Now we come to the big CLINKER and its threat. (1) Mullen wants more space for parking cars. (2) The present owner of that space won't sell without selling Colonial Comers and the many needed shops, along with it. (3) Mullen won't buy the two properties unless the Town grants a zone change on Colonial Comers. He says he has no "present" plans to tear down Colonial Comers, so why is he asking the Town to facilitate the sale? Is the Town being asked to go into the Real Estate brokering business? Two years ago Mullen said he wouldn't tear down Colonial Comers for five years. Now he implies that for years to come, he wants to be a landlord, collecting rent, hiring tree and lawn services, painters, and meeting emergencies by having plumbers, electricians, and carpenters on call. This is just another promise, to go the way of all others. If not a landlord, his alternative would be to put the shops in Colonial Comers out of business; something he has accused his opponents of wanting to do to him. Isn't that "the pot calling the kettle black?" If this zone change is granted, the property will forever be in peril. Each of you knows the many types of unseemly businesses you would be allowing,- not at some far future time, but starting the day it is granted. Should the Town change the zone for the sole apparent purpose of supporting the sale of land to benefit two inflexible businessmen~ Residents of Founders Estates, residents on Hobart Road, and all those visiting Founders Landing who must exit through Cottage Place, don't want an expanded car dealership as the gateway to this residential area. A monstrous expansion along our village street would be against all the Town's efforts to preserve our heritage. Mullen must not be allowed to expand this way at the expense of so many others who share this town. Most sincerely, Helen W. Prince PAID ADVERTISEMENT Southold Town Cie& "The Mullens say the open lot (Residential parcel) would pro- vide immediate room for much-needed parking, and the shop- ping complex (Colonial Corners) could be used for a future deal- ership expansion, but in the short term would remain as is." --The Suffolk Times, "Mulling Mullen's--Clash over trees and car lot plans still simmering," July 31, 1997. FOUNDERS ESTATES RESIDENTS SPEAK OUT "What may seem to be a harmless change of ×one tua business owner is an unacceptable act to those of us who will be dealing with all of the negative aspects of this plan on an everyday basis,"--Robcri Reilly "As a homeowner on Locus~ Lane, 1 am totally against M ullen's plans for Iulurc parking and storage on Locust Lane and the Main Road. I only say this out of concern for the devaluaron of my home and Ihosc of my neighbors. Any further expansion should take place on property already zoned for General B usiness."--Harry J. Mitchell ~lt's nice to have a neighborhood where the important *hinds don't change - safe and quiet streels, yards to play in and neighbors who have mutual con- cern for thc well-being of others ... I respectfully request thal you withdraw your application to expand Mullen Motors' commercial car dealership into our residential and hamlet community. A community thai should retain ils integrdy."--Waltrr H. Sanford "Hay ng red n Bays de, Queens for many years, we have faced a constant struggle to keep automobile dealerships from intruding in residential neigh- borhoods. Once in, they require more and more space, powerful lighting for security purposes, then high fencing. After a while, the parking space expands to include more repair facilities, This gcncrldly leads to test driving on residential slreets and is certainly a concern that puts the elderly and young children at risk."--Carol & .lames Owens "We reside at 315 Cottage Place, the property adjacent to Mullen Motors employee parking lot. This 1ol is used for more than employee parking. Very olten, car repair activity takes place in this Ioi as '~cll as overnighI storage ... Ear y n the morning, hydraulic car lifts wake us up at 6:30 a.m. Late at night, the lights shin,: in our windows. It's ridiculous in a Residential areab.,Wc can't imaging being surrounding on two sides by this operation."--Devon Massar & David Liss "The Mullen Motors Company's plans for cxpansmn is a serious threat to the histohc rural scene."--Thomas Jarnich e are totally against paving more parking area Ior Mullen Motors in a residential neighborhood which would have Mullen Motors running all the wa from the Variety Store to 7-Eleven.'--Linda & Fred Marlin Y "Tourists don'~ come to Southo]d to see asphah "--Al Cohen & I. Huller "It is NOT progress if we stop looking like a bander '--Helen W. Prince "For obvious reasons, a car dealership should not hc Iocaled in a residential alea. A large commercial business such as Mullen Motors belongs on a com- mercial strip, not in the hamlet of Southold and a residential area ,. commercial business in this setting would create large traffic hazards, high noise infractions and invasion ~f privacy."--Dominick Zilo & Family "I have been a witness to oversized car comers coming from Mullen Motors using Korn Road and Locust Lane as outlets. These trucks, being so large, use the front piece of our property to negotiate thc turn."--Nancy Zito 'W know from examining he unsigh mess o Cottage P ace that property values will plummct and our safety and well-being will be degraded _, Juxtaposing one of hc most heaw, use-intensive business zones (General Business) next to one of the lighiest use zones (Residential) is deplorable and makes no sense ...We bought our house next to Residential property, not a car dealership," Janice & David Szczesny hy should Mr. Jume Albertson and Ire Mullca brothers be allowed to make money al the expense of the homeowners n Founders Estates?"~ulle PAID ADVERTISEMENT CAROLYN A. ZENK, ENVIRONMENTAL ATFORNEY FOR FOUNDERS ESTATES RESIDENTS, DEMANDS FULL ENVIRONMENTAL IMPACT STUDY FOR MULLEN MOTORS CHANGE OF ZONE REQUEST nganad~ onal3~<Parparkin~lot nanalreadvb oh~o r l,~ . .... endeetoexpandapree:asm nonconfovmm use intent whytakethewindfallaoproachofchan,,in.lbezon~ongtw'' · , ?,ppi?ants are less than forthcommg ~f hswasmd thea licant's ted~ .a.m~r of law. In addition, there are no legal docun ents on record that woul~ ~ns~re t~-~°~m~ p~m.z~ once the zo.n,e Is changed, these ases are permit. no furt~ler discussion of h s sect on of the nroner v ~dl be nrtw ,~,1 ~ ~ ....... ~,, p. rt~ h~ou~?ng the Colomal Comers develo ment are nro osed. study the very topic at issue, namely a cha~ge-~o f.z~o n c ~ ~ ........ un .art u, ~.o,r ~p.~, ~Av ran III). This is ridiculous, The apP~llcant ca~a~otp fall to action (6 NYCRR 617 1 d). sT~E~.r d clearly astabbshus thai the change-of zone would substantially Incv¢usc existing raffic or noise levels, thus t uggering crilerin 617.7 c #i under oThf ~?ecw~y no advamagc whalsocver in allow g h ...... onc. l dced, {il , revlewandSEQRAwdlonlybcabletomt, at,¢har~llo.!l}cnc,,~l~r}~od.~O}PREVENT, [?udc .~mulcupma kskirt, itissdllamule. Onc¢ PAID ADVERTISEMENT CAROLYN A. ZENK, ENVIRONMENTAL ATYORNEY FOR FOUNDERS ESTATES RESIDENTS, DEMANDS FULL ENVIRONMENTAL IMPACT S DY FOR MULLEN MOTORS CHANGE OF ZONE REQUEST Excerpts from Carolyn A. Zenk's August 27, 1999, Affidavit to Southold Town Board I am the attorney representing a number of homeowners in Founders Estates, a residential community surrounding the Mullen Motors car dealership, located south of New York State Route 25, near Locust Lane and Cottage Place. I have reviewed the Part III Environmental Assessment Form submitted by Freudenthal and Elkowitz Consulting 6roup, dated April 1999, prepared for the Mu!leu M~ ~to~ CoT_oration. I have also reviewed the May 24, 1999, letter from Southold's town consultants, Nelson, Pope and Voorhis, which constitutes a rewew of me fart 111 EAE THE ENVIRONMENTAL ASSESSMENT FORM PART m Is LEGALLY INSUFFICIENT AS A MAILER OF LAW BECAUSE IT EVALUATES THE WRONG ACTION. The action at issue is a change-of-zone for the existing Colonial Corners shopping center from Hamlet Business to General Business, as well as a change-of- zone for the lot immediately south thereof, from Residential-40 to General Business. The EAF evaluates only a proposed site plan for a parking lot. According to the applicant, the alleged need for the change-of-zone is to enable the contract vendee to expand a pre-existing nonconforming use by establish- !rig an a.dditiona! 36-car parking lot m an already blightedarea, if this were in fact core, ct, why is the appilcant seeking a change of zone for Colonial Comers i~lf, when this ts not necessary for the establishment of a patkiog lot? I submit that the applicants are less than forthcoming. If this was truly the applicant's intent why take the windfall approach of changinp the zomno on two senarate narcels of land to a more intense commercial use9 While the --nlio--t ly .assures the Southold Town ~oard that it does n~t seek any~of the uses~that a~change-of-zone would permit once the zone is ch~god, ted as a matter of law. In addition, there ate no legal doctmaents on reconl that would ensure that Colonial Comers would not be d~stroyed or the app'licant would limit himself to a parring lot. It bears emphasis that the Mullen Motors Corporation does not even own the land at issue, and yet seeks a zone change upon it. The applicant states in his EAF Part III, "As no chang, es to the northern segment of the property housing the Col.on. ial. C..orners development are proposed, no f.u~her discussion of this section of the property wall be provided in this Part III EAF" (p.1, EAF Part III). Thts is ridiculous. The applicant cannot fail to stuny me very topic at issue, namely a change-of-zone. Since the change-of-zone enables intense commercial uses that are currently prohibited at the site, the new commeeeial uses must be evaluated as a matter of law. THE RECORD ESTABLISHES THAT THE PROPOSED CHANGE-OF-ZONE WOULD CONTRIBUTE TO SUBURBAN SPRAWI~ HURT LOCAL BUSINESSES AND THE RESORT-BASED ECONOMY, BE DETRIMENTAL TO THE RURAL AND HISTORICAL CHARACTER OF THE NEIGHBORHOOD AND TOWN~ AND POSE TRAFFIC SAFETY HAZARDS: The record establishes that the expansion of Mullen Motors inc. and the change-of-zone would have the following undesirable impacts on the neighborhood: 1) The change-of-zone would increase the suburban sprawl already encroaching on the area, by expanding an automotive use, one of the uses most at odds with the rural, residential character of the neighborhood; 2) The change-of-zone would be detrimental to local small Mom-and-Pop business as it would injure the resort-based economy by detracting further from Southold's small-town charm. It bears emphasis that to be successful, Southold's business community must be able to successfully compete. Obviously, we can never compete with the low p.rices that up-island vendors can provide. Our success lies in our small-town charm. Nothing detracts faster frnm the meal qnali- ty.of the ham. let .than a.utomotive uses. Their chain-link fences, halogen lights, sprawling parking lots, metalilc cars and used car signs are the very symb61 of- smmrnna anu uroan blight;, -- 3) The change-of-zone would detract from the rural qualities of Southold by allowing general business uses which are much more intense than residen, tial uses and hamlet business uses. For ?ample, while residential zoning allows such Uses as farms, horse farms, churches, and residences, the general bosmess zone allows fast food marts, gas stations, car washes, bars and warehouses; 4) The change-of-zone would detract from the historic qualifies of Southold; 5) The change-of-zone would introduce additional traffic hazards into a residential neighborhood with small children, such as those posed by huge tractor trailers; 6) The change-of-zone would reduce neighborhood properly values. The State Environmental Quality Review Act (SEQRA) regulations make it clear that an environmental impact statement is required for the proposed action (6 NYCRR 617.1 d). The record clearly establishes that the change-of-zone would substantially increase existing traffic or noise levels, thus triggering criteria 617.7 c #i under SEQRA. The record establishes that the historic, rural, aesthetic and residentialquality of the neighborhood would be detrimentally affected by the expansion of the Mullen Motors Corporation, thus triggering criteria 617.7 c ~ under SEQRA. The record establishes that oversized car carriers rolling through residential neighborhoods and pedestrian-oriented hamlets are already creating a serious traffic hazard. Expanding Mullen Motors would exacerbate this condition more, thus triggering criteria 617.7c ~ii under SEQRA. Finally, the record establishes that a change-of-zone would create a "material demand" for more intense commercial development that would result in all of the above consequences, thus triggering criteria 617.7 c ~ under SEQRA. In sum, an environmental impact statement is required as a matter of law. There is no advantage whatsoever in allowing this change-of-zone. Indeed, there are substantial detriments from both an economic and quality-of-life point of view. The change-of-zone enables intense comm.e..rcial uses that are currently prohibited at the site. Once these uses are allowed as a matter of right, site plan review and SEQRA will only be able to mitigate harm to the neighborhood. NOT PREVENT it. If you dress a mule up in a silk skirl it is still a mule. Once the zone change is passed, you will only be able to minimize the damage to the neighborhood by way of conditions, The record makes it perfectly clear that the proposed action will definitely have a negative and significant impact on the environment. Therefore. if the board wishes to continue with this project, it must issue a positive declaration ufider SEQR~. We woul~recommen~l that the change-of-zone simply be denied based upon the clear evidence already in the record. Attorney at Law "[When asked to comment on Carolyn Zenk's August 27 affidavit], Members of the Town's Planning Staff said that they have not had an opportunity to review it ...' The Suffolk Times, "Mullen opponents file EAS objection," September 23. 1999, p. 30. Paid for by Southold Town Organization for Preservation - Watch P.O. Box 1445, Southold, NY 11971 Jean Sanford, Secretary Oct~br PAID ADVERTISEMENT "The Mullens say the open lot (Residential parcel) would pro- vide immediate room for much-needed parking, and the shop- ping complex (Colonial Corners) could be used for a future deal- ership expansion, but in the short term would remain as is." Clash over trees and car lot The Suffolk Times, "Mulling Mullen's plans still simmering," July 31, 1997. FOUNDERS ESTATES RESIDENTS SPEAK OUT '"What may seem to be a harmless change of zone to a business owner is an unacceptable act to those of us who will be dealing with all of the negative aspects of this plan on an everyday basis,"--Robart Reilly h;~eowner on Locust Lane, 1 am totally against Mullen's plans for future parking and storage on Locust Lane and the Main Road. I only say this ~'ge~ce-m for the devaluati.o~ of my home and those of my neighbors. Any further expansion should take place on property already zoned for ~.B. _~ness."--Han. y $. Mitcl~ll "a~ai~'f~-I~ve a nelg~:hood where the important things don't change - safe and quiet streets, yards to play in and neighbors who have mutual con- ~a f~r the weft-being of others ... I respectfuily request that you withdraw your application to expand Mullen Motors' commercial car dealership into out residential and hamlet community. A community that should fetalr, ~:a integrity."--Walter H. Sanford Having Ii ed in Bays~de, Queens, for many years we have faced a constant struggle to keep automobile dealerships from mtrodmg m residential neigh- borhoods. Once in, they require more and more space, powerful lighting for security purposes, then high fencing. After a while, the parking space e~pands to include more repair facilities. This generally leads to test driving on residential streets and is certainly a concern that puts the elderly and youag children at risk."--Caml & James Owens e reside at 315 Cottage Place, the property adjacent to Mullen Motors employee parking lot. This lot ~s used for more than employee parking. Very often, car repair activity takes place in this lot as well as overnight storage ... Early in the morning, hydraulic car lifts wake us up at 6:30 a.m. Late at might,.the lights shine in our windows. It's ridiculous in a Residential areaL..We can't imaging being surrounding on two sides by this operation.'--Devon Mlllmt & David Lbs ~ Mullen Motors Company's plans for expansion is a serious threat to the historic rural scene."--Thomas Jamich #V~h~ are totally against paving more parking area for Mullen Motors in a residential neighborhood which would have Mullen Motors running all the way f/om the Variety Store to 7-Eleven."--Linda & Fred Martin "Tourim don't come to Southold to see asphalt."--AI Cohen & L Hurler "It is NOT progress if we stop looking like a hamlet."--Helen W. Prince '*For obvious reasons, a car dealership should not be located in a residential area. A large commercial business such as Mullen Motors belongs on a eom- ~ strip, not in the hamlet of Southold and a residential area ... commercial business in this setting would create large traffic hazards, high noise Jarl'actions and invasion bf privacy."--Dominick Zito & Family ~'llm~te been a witness to oversized car carriers coming from Mullen Motors using Korn Road and Locust Lane as outlets. These trucks, being so large, use the front piece of our property to negotiate the turn."--Nancy Zito .'~W¢ know from examining the unsightliness of Cottage Place that property values will plummet and our safety and wall-being will be degraded ... Juatap~ing one of the most heavy, use-intensive business zones (General Business) next to one of the tightest use zones (Residential) is deplorable and ~ no sense ...We bought our house next to Residential property, not a car dealership."--$anice & David Szezesny · '~nay should Mr. Junie Albertson and the Mullen brothers be allowed to make money at the expense of the homeowners in Founders Estates?"--Julie "How many more high intensity lights will be installed to shine into my bedroom as another high intensity one recently installed at Mullen Motors does? Their light in an intrusion on my domain to the detriment of my privacy and my property value, and I could only expect that to get worse."--Riehard H. "Ally.residential community such as Mill Colony or Yennecott would be outraged by the threat of commercial encroachment into their neighborhood."-- ~ ganford "I hope you give these concerns your serious attention and keep our community a community, not convert it into a trucking and industrial area.'--David "With so much available land in undeveloped areas on the East End, I am hoping that an alternative site for the Mullen Motors expansion project will be suggested so that our community can maintain its integrity and rural setting."--Barbara Adams #I fight this expansion because I have an eye for the future of our 350-year-old village. Citizens are beginning to realize they must speak out and help the Board do its job of curbing improper growth within the hamlet. The Board needs to know that the people are 100% behind them in this."--Helen W. MULLEN MOTORS CHANGE OF ZONE HEARING SCHEDULED FOR 8:20 P.M. OCTOBER 12 AT SOUI'HOLD TOWN HALL Paid for by Southold Town Organization for Preservation - Watch ,-. EO. Box 1445, Southold, NY 11971 Jean Sanford, Secretary L"EIVED NO\ 9 199~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK" ROBERt J. GAFCNEY SUFFOLK COUNTY EXECUTIVE November 3, 1999 S]~PHEN M. Jones, A LC.P. DIRECTOR Of PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Re; Application of"Richard F. Mullen III and William Mullen" (#312) for a change of zone from R-40 and HB to B Business, Town of Southold (SD-99-8). Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 3, 1999 reviewed the above captioned and at, er due study and deliberation Resolved to approve said application subject to the following: 1. That portion of premises comprising SCTM #100-62-3-22.1 shall be limited for automobile dealership and related purposes only; 2. That portion of premises comprising SCTM #100-62-3-24.1 shall be limited for vehicular parking, storage and display purposes only as associated with the automobile dealership on adjoining lands to the north and west thereof, with no vehicular access via Locust Avenue; 3. Premises shall be developed jointly with adjoining lands of petitioner to the west thereof; and Premises shall be encumbered by appropriate operational and developmental restrictions to adequately protect surrounding residence zoned lands including buffering, shielded ligbtiug, vehicle loading and unloading off the street, a limitation on the use of outdoor speaker systems, and a limitation on the hours of operation. Very truly yours, Stephen M. Jones Director~Planning ~a'nNn~vman GN:cc H. LEE DENNISON BLDG. - ,4714 FLOOR · NAUPPAUGE, NY I ~ 788-0099 TELECOPIER (5 I 6) 853-4044 ~g9 '~'~¢,.1~ i~E_MQRIAL HIGHWAY Ms. Ben7 Neville, Town Clerk Southold Town Board To'am Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 IMEEL~ON, POPE ~ VOoI:IHIS~ LLC May 24, 1999 RECEIVED ~ 2 4 1999 Re: Review ofEAF Pa~t III Richard F. ]VIullen I~ and William Niullen Zone Change Application SCT~VI No. 1000-62-03-22J & 24.1 N-P&V Job No. 97208 Dear Ms. Neville: As per the request of the Southold Town Board, (as SEQRA-designated Lead Agency) we have completed a review of the above-referenced document. This review is intended to: 1) examine the EAF Part III for completeness with respect to the items presented in the September I0, 1998 review (attached)i 2) COmment on the responses~provided by the Applicant, and; 3) provide recommendations to the Board regarding environmental issues and compliance. It should be noted that as this application has been classified as a Type I action, a Conditioned Negative Declaration (CND) is not allowed.. That is, it is not possible for the Lead Agency to issue a Negative Declaration on the application, with an accompanying list of conditions which the Applicant must first satisfy. As a result, only a Negative Declaration or Positive Declaration is allowed. The EAF Part III ge, net/ally addresses those items referenced in the September 10, 1998 correspondence from this office with respect to visual impacts, cutting of trees On the property, land use conflicts and traffic. However, the document leaves some questions incompletely addressed in regard to growth-inducing ~spects, traffic (parking), and aesthetic impacts (lighting). The traffic engineering examination prepared for the EAF Part II1 by Dunn Engineering Associates P.C. clearly demonstrates that the Mullen Motors dealership has a deficit of parking. The on-site parking supply occasionally does not meet the demand for customer and employee parking, vehicle storage and Cars stored prior to servicing. The study indicates that there are times when vehicles are parked On the adjacent' site. Increasing on-site parking will address thls existing demand..There is no 'increase in the parking demand and no additional outdoor storage and sales area as a result o~'this, application. EAF Part I11 Review NP&V No. 9~208 After review of the balance of the EAF Part 1II provided by the Applicant, this office recommends that acceptance of the document be held in abeyance pending provision of additional details in the below-listed areas. The reviewer acknowledges the effort taken by and on the behalf of the Applicant to provide the Lead Agency with specific information in regard to the planned project, as well as to provide mitigation measures, which will alleviate impacts. However, in consideration of the quality of life issues involved in this application, we recommend that the Board consider obtaining specific details in certain matters, as follows: What, if anything, is the Applicant planning to do about the reduction in parking space available for Colonial Comer patrons? At present, the lot to be conve~cd to Mullen Motors parking is presently used for overflow parking for Colonial Comers, as Colonial comers has insufficient parking. Specify the planned height of the new lighting poles, as well as any design or operation measures taken in this matter which would reduce or eliminate potential impacts to the adjacent residences from fugitive lighting. (e.g., reduced lighting intensity, reduced number of lighting fixtures, reduced hours of lighting, shrouds, reotiented lighting direefion). Specify the minimum height and/or dianactcr at breast height (dbh) for thc 5 new street xrees on Locust Avenue, to replace the 5 large trees that were cut down. Is the Applicant willing to agree to a number of Covenants and Restrictions (C&R's) in regard to the traffic and operation of the facility? If so, following are suggested C&R's: 1. No access to Locust Avenue from the new parking lot. 2. No Certificate of Occupancy for thc new parking lot until all landscaping, lighting, drainage systems, etc. are completed, for both parking lots. 3. Cessation of the existing auto storage, parking, and outdoor xepair work along west side of the Mullen Motors building. 4. No test driving by Mullen employees on residential side streets in the vicinity. 5. No parking, unloading/loading, or use of side streets in the vicinity by tracks related to Mullen Motors. 6. Limitations on the hours when such deliveries are allowed, to gAM-5PM, weekdays. To provide additional parking mitigation in the vicinity, and to further protect the "rural feel" of the Town, the Town could install '~lqo Parking" signs on Cottage Place along the Mullen Motors property, as well as on the south side of Main Road along the frontage of site. In regard to the potential for impact if the Colonial Comers site is redeveloped, the BAF Part HI states: The applicam acknowledges thai there has b~n speculation that Mullcn Motors' intention is to expand onto the Colonial Comers prope~y. However, Mullen Motors has Page 2 GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD ATTORNEY-CLIENT CONFIDENTIAL & PRIVILEGED COMMUNICATIONS Jean W. Cochran, Supervisor Town Board From: Gregory F. Yakaboski, Esq. Mary C. Wilson, Esq. Date: October 8, 1999 Re: Mullen Motors At the last Town Board meeting this zone change application was scheduled for a public hearing. The public hearing date is Tuesday, October 12, 1999. The application was also referred to the Suffolk County Planning Commission and the Town Planning Board. I have spoken to the S.C. Planning Department. This application was not addressed at the meeting of October 6, 1999. This application will not be addressed until the next meeting which will be held on November 3, 1999. The Town Board, per law, cannot vote on the application until after either receiving the S.C. Planning Commission recommendations or 30 days have passed. Preliminary indications are that the S.C. Planning Commission will recommend certain restrictions/covenants/conditions be made prior to the Town Board granting a Zone Change. The S.C. Planning Commission recommendations can be overdddan by a super-majority vote. In addition, Zone Change Applications must be published for "10 days" prior to the Public Hearing being held. The Suffolk Times did not have room in the last paper to publish the notice of hearing. Per the Town Law this public hearing must be re-noticed for at least "10 days" prior to the public hearing. My recommendation is as follows: that the Town Board hold the Public Hearing as scheduled on Tuesday. - that the Town Board "re-notice" for a second public hearing to be held either on 10/26 or on a date after the S.C. Planning Commission's meeting of 11/3/99. GREGORY F. YAKABOSKI TOWN ATTORNEY I%q~RY C. WILSON ASSISTANT TOWN ATTORNEY JOSR'UA Y, HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-rr~dl: greg.yakaboski~own.southold.ny.us ma~y.wilson~town.southold.ny.us OFFICE OF TI-IE TOWN ATTORNEY TOWN OF SOUTttOLD TO: From: Date: Re: Elizabeth A. Neville Town Clerk Mary C. Wilson Esq. Assistant Town Attorney March 21, 2001 Mullen Rezoninq Amendment to Declaration of Covenants and Restrictions Betty: Enclosed for safekeeping in your office, please find copies of the following documents: Transmittal letter of Stephen R. Angel, Esq dated 3/4/02 re: Mullen Rezoning Suffolk County Clerk's Office Recording Page Suffolk County Recording & Endorsement Page Amenament to Declaration of CovenanTs and Restrictions dated March 26, 2001, between Town of Southold and RW M Enterprises, Inc., Mullen Realty, L.P., and Mullen Motors, Inc., recorded in the Suffolk County Clerk's office on 3/1/02, in Liber D00012171 at Page 937. Thank you. MaW /md encs. cc: Planning Board ESSEKS, HEFTER & ANGEL IOE~ EAST MAIN ~TF~EET March 4, 2002 P. O. [8ox 570 (63J) 726-6633 Mary C. Wilson, Esq., Assistant Town Attorney Town Of Southold 53095 Main Road SoUthold, NY 11971 Re: Mullen Rezoning Dear Ms. Wilson: Pursuant ts your request dated 3/27/01, enclosed please find a copy of the amendment to the declaration of covenants and restrictions in the above matter, recorded on 3/1/02 in the office of the Suffolk County Clerk. SRA:mb Eric. , cc : Rich Mullen William H. Price,Jr., Esq. Ve~ruly yours, TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: MODIFF - COVENANT OR RESTRICT NUmber of Eages: 11 Page/Filing COE Cert. Copies SCTM District: Section: Block: 1000 062.00 03.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt S33.00 NO Handling $5.00 NO Notation $5.50 NO RPT S0.00 NO Fees Paid TBIS PAGE IS A PART OF THE INSTRUMENT At: LIBER: PAGE: 03/01/2002 10:31:45 AM D00012171 937 Lot: 022.001 Exempt $5.00 NO $0.50 NO $90.0O NO $139.00 Edward P.Romaine County Clerk, Suffolk County ~ORRENS SeriaI # EA-52 17 (County) EA-5217 (State/ Comm. of Ed. 5 O0 Affidavit Reg. Copy Other Deed / Mortgage Tax Stamp FEES Sub Total ZOO2 Mar O1 !0:31:45 Edward P.Romaine [LERK )F bUFFOLK C~hHT? Recording/Filing Stamps Real Property Tax Service Agency Verification Dist. Section Block 1000 062.00 03.00 1000 062.00 03.00 1000 062.00 03,00 1000 Lot 022,001 024.001 20.000 Satis~ctions/Discharges/Releases List Property Owners Mailit RECORD & RETURN TO: Esseks, Hefter & Angel 108 East Main Street P. O. Box 279 Riverhead, ~ 11901 Sub Tolal Spec./Assit. 0e Spec./Add TOT. MTG. TAX Dual Town Dual Count3 will be improved by a one or two family If NO. see appropriate tax clause m~ page n __of this instrument. Commun, ity Preservation Fund Consideration Amount $ CPF Taxx Due S J TD TD TD Town of Southold Title Company htformalion Name Title # Suffolk County Recording & Endorsement Page Ihispage fonnspartofflleat~ached AMENDMENT TO DECLARATION OF COVENANTS AND madeby' (SPECIFY TYPE OF INSTRUMENT ) ]he premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Fownship of Southold In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE FYPED OK PRINTED IN BLACK INK ONLY PFdOR TO RECORDING OR FILING AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS TH1S Amendment to Declaration of Covenants and Res~ictions, made the ~(c~~ day of-geptembor, 200~, by the Town of Southold. a mumcipal corporation, with its place of business at 53095 Main Road, Southold, New York 11971, hereinafter referred to as the "Town," and RWM Enterprises, he., a New York business corporation having its principal place of business at No//yennecott Drive, Southold, New York l ! 97 l, Mullen Realty, L.P., a New York Limited Partnership with a place of business at P. O. Box 1408, Main Road, Southold, New York 1197t, and Mullen Motors, Inc., a New York corporation with a place of business at Route 25, Main Road, South01d, New York 11971. hereinafter referred to collectively as the "Declarants." WlTNESSETIt: WHEREAS. Declarants are the owners -- and in the case of Mullen Motors, Inc.. the tenant and prospective tenant -- of the following four parcels of real prope~xy located at Soutbold, Town of Southold, County of Suffolk and State of New York, which parcels are collectively refe~xed to as the "Premises". I. Parcel owned by RWM Enterprises, Inc. designated on lhe Suffolk Coanty Tax Map as District 1000 Section 062.00 Block 03.00 Lot 022.001 (referred to herein as "Lot 22. I") and described on Schedule A annexed hereto, which pm'eel was acquired by said RWM Enterprises, Inc. by deed of Albert W. Albe~Bon. Jr., Donald B. Katz and Gertrude Katz recorded in the Suffolk County Clerk's office on June 27, 2000, at Liber 12051 cp. 820. 2. Parcel owned by RWM Enterprises. Inc. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 024.00l (refen'ed ~o herein as "Lot 24.1") and described on Schedule B am~exed hereto, which parcel was acquired by said RWM Enterprises, Inc. by deed of Albert W. Albertson, Jr., Donald B. Katz and Gertrude Katz recorded in the Suffolk County Clerk's office on June 27, 2000, at Liber 12051 cp. 820. 3. Pm'cel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as Dis~ict 1000 Section 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C annexed hereto. 4. Pm'cel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (referred to herein as "Lot 19"), and described on Schedule D annexed hereto. WHEREAS, Declm'ants and thek predecessors in interest, Albert W, Albertson. Jr., Donald B. Katz and Gertrude Katz, executed a Declaration of Covenants and Rest~Sctions on June 14, 2000, and recorded said Declaration of Covenants and Restrictions in the Suffolk County Clerk's office on June 27, 2000, in Liber 12051, cp. 821 concerning the premises; and WHEREAS, said Declm'ation of Covenants and Restrictions were recorded by Declarants and fl~eir predecessors in interest for the benefit of fl~emselves, their assigns and the Town, as part ofm~ application for a change of zone for Lot 22.1 and Lot 24.1; and -2- WHEREAS. scenic buffering of the premises and the surrotmding community was and continues to be a critical issue to the Town Board of the Town: and WHEREAS, the Town Board of the Town adopted a resolution at a regular meeting of said Town Board held on August 29, 2000 requesting an amendment of said Declaration of Covenants and Restrictions to modify paragraph "4" to read as follows: 'The pm'king are on lot 24.1 wilt not have any landscaped islands, however, approximately 1,000 square feet of landscaping (wlfich represents the amount of landscaping that would have been required in the 'islands') shall be placed along the perimeter of the Mullen Motors property at the discretion of the Planning Board," in place of the following: "The parking m'e on Lot 24. I shall have two landscaped 'islands'"; and WHEREAS, Declarants and the Town wish to amend said Declaration of Covenants and Restrictions as aforesaid. NOW. THEREFORE. in consideration of the foregoing, Declarants and the Town agree to modify the Declaration of Covenants and Restrictions recorded June 27. 2000. in Liber 12051, cp. 821 as follows: 1. Paragraph "4" of said Declaration of Covenants and Restrictions shall read as foIlo~vs: "The parking are on lot 24.1 w/Il not have any landscaped islands, however, approximately 1.000 square feet of landscaping (which represents the amount of landscaping that would have been required in the 'islands') shall be placed along the perimeter of the Mullen Motors property at the discretion of the Planning Board or the Town of Southold." in place of the following: "The pm'king are on Lot 24.1 shall have two landscaped 'islands'": 2. In all other respects, said Declaration of Covenants and Res~'icfions shall remain unchanged. IN WITNESS WHEREOF, Declarants have caused this instrument to be duly execated on the date and year first written above~ RWM ENTERPRISES, 1NC. Richard F. Mullen III, President Mullen Realty, L.P. ~ B..,~ ~ -, Richard P. Mullen, Jr. Mullen Motors, Inc. Richard F~. Mul'~en ~II~, Vice Pres. TOWN OF $OUTHOLD -4- STATE OF NEW YORK} SS COUNTY OF SUFFOLK) t': O ' A~.~ /V~fetr~r~e-tt..~_ n me c,/ day of~ 2000, before me, rite m~dersigned, personally appeared ~r-4t~: ~ t¢~;-~f RWM ENtERPRiSES. INC., personally l~nown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within inst~mnent, and a~knowledged to me that he executed the same iu his capacity, and that by his signature on the instmmenJ, he executed the instrument. STATE OF NEW YO~) SS; COUNT sw o K) .. aoo On ~e ~bdaY oF~, before me, ~e ~dersi~e~ person~y appe~ed ~t ~0 ~ ~O{l~ ~pf MULLEN ~TY, L.P., person~ly ~own to me o~ proved m me once basis of safisfacto~ ehdence to be ~e bdi~du~ whose nme is subscribed to ~e wi~n insnmen~ ~d ac~owledged to me ~at he executed the sine in his capaci~, ~d ~at by Ns si~a~'e on ~e bs~ent, he executed ~e bs~ent. STATE OF NEW YOILK) COUNTY OF SUFFOLK) SS.: On the day of~2000, b~fore me, the undersigned, personally appeared _~alaeUkb ~. MOIle~xlTVof MULLEN MOTORS, INC., personally known to me or proved to me on the basis [;~afisfactory evidence to be the individual whose name is subscribed to the within ins0vanent, and acknowledged to me that he executed the same in Iris capacity, and that by his signature on the~nstnnnent. WILLIAM H. PRICE, JR. : Notary Public, State of New York No. 4644944, Suffolk County. ~ Term Expiras February 28, 20D__o[---- STATE OF NEW YORK'~ COUNTY OF SUFFOLK) SS,: . .~,~ Mam¼ t On the/4(0- day of$~ 2001f, before me, the undersigned, personally appem'ed 7~-e4m~-~. C~C.~l~ , of THE TOWN OF sOUTHOLD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the witlfin instrument, and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, she executed the instrument. MARY C. W LSON Notary Pubiic, State o NO. 02 mtss~on ~P,'es June ALL that certain plot, piece or parcel of land with the b~fildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being knowa~ and designated as Lots I and 2 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. CO " · CHRAN filed m the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no: 399, and being more particularly bounded and described as follows: BEGINNING at a mounment set in the southerly side of Main Road distant 100 feet easterly from the comer formed by the intersection of the southerly side of Main Road with the westerly side of Cottage Place; nmning thence along the southeflyside 0f Main Road the.following two courses and distances: (1) North 87 degrees 02 minutes 00 seconds East. a distance of 100 feet to a monument; m~d (21) North 85 degrees 37 minutes 00 secot~ds East, a distance of 98.92 feet to a monument located at the point of intersection of the southerly 1/ne of Main Road with the westerly line of Locust Avenue; running, thence along the said westerly I/ne of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet fo land now or formerly of Alice. Albertson and Ge~lrude Katz; nmnfl~g thence along said land of Alice Albertson and Gertrude Katz and landnow or formerly of Mullen, the following two courses and distances- 1 South 75 degrees 42 minutes West 111 69 feet and (9'~ ~----~- '~, - ;- . 2 ' ( ) · . -~- ,~, ouum ~ aegrees DP minutes 40 seconds Weslg ;a distance of 98.50 feet to a point and the easterly side of land, now or fmmerly of Mullen; running thence along last:mentioned land, North 15 degrees.32 minutes 00 seconds West, a distance of 171.74 feet to a monument setin the southerly side of Mare Road, at the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfred S. Pfeil by the following deeds: 1. Deed dated 6/5/73 recorded 6/6/73 in Liber 7412 cp. 557 made by Ralph L. Glover and Una Belle Glover. his wife; and 2. Deed dated 7/18/75 recorded $/11/75 in Liber 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Marie Cassidy, as devisees of the Estate of Bridget Furey and Catherine A. DeRosiers. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk. State of New York, known and designated on a diagram of Lots belonging to Jane A. Cochran. dated October 1867 and duly filed in the Office of the Clerk of the Cotmty of Suffolk as and by Lots 26, 27 and28, said lots when taken together are more particularly bounded trod described as follows: BEGINNING at a point on the westerly side of Locust Avenue distant 129.79 feet southerly from the intersection of the southerly side of Main Road with the weste ' . of Locust Avenue; nmnin~ thence al,,.,~ ~- .... ~ , -, ~ . ~ly side o ,,l,~ m, westerly sine or Locust Avenue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands of Szczesny; thence along said lands mid also along lands ofW. Corbett South 73 degrees 21 minutes 50 seConds West 162.91 leer'to lands orB. Adams; thence along said lands North 17 degrees 10 minutes West 48.80 feet to the southeast comer of lands of Mullen: thence al6ng said lands North 18 degrees 05 minutes 50 seconds West 109.47 feet to lands of Alber[ W. Albertson, Jr. and Donald B. Katz; thence along said lands of Albert W. Albertson, Jr. and Donald B. Katz the following two (2) courses and disttmces: I. North 71 degrees 55 minutes 40 seconds East 38.81 feet and 2. North 75 degrees 42 minutes East 111.69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed by Judith Zavesky, James Michael Lucey, Katltleen Marie Lucey and Patricia Lucey to Alice Albertson and Ge~a-ude Katz by deed dated May 19, 1982 recorded July 7, 1982 in Liber 9207 cp. 596. ' SCHEDULE 13 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New Ym'l~ being known and designated as Lots 3 and 4 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the Countyof Suffolk on 10/6/1870 as map no. 399, and being more particularly boUnded and described as follows: BEGINNING at a point located at the intersection of the southerly line of Main Road with the easterly line of Cottage Place; ~mming thence along said southerly line of Main Road North 87 degrees 02 minutes 00 seconds East, a distance of 100.00 feet to a monument and land now or formerly of Katz and Albertson; thence along said land South 15 degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richm'd Mullen, Jri; thence along said land South 71 degrees 55 minutes 40 seconds west, a distance of 100.00 feet to the easterly line of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minutes 00 seconds west, a distance of 198.00 feet to the intersection of said easterly line of Cottage Place with the southerly line of Main Road and the point or place~of BEGINNING. SCHEDULE C ALL that certah] plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying trod being at Southold, in the Town of Southold. County of Suffolk and State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Cochran, as surveyed by J. Wickham Case, October t867, filed in the Suffolk County Clerk's Office on October 6, 1870, as Map No. 399, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said northerly line of Lot 33 is shoxmt on a certain survey by Otto W. Van Tuyl and Son. Licensed Land SmWeyors, Greenport, N. Y., dated October 17, 1963; RUNNING THENCE North 7t degrees 55 nfinutes 40 seconds East a distance of 159.69 feet to lands of Alice Albellson and Gertrude Katz; RUNNING THENCE South 18 degrees 05 minutes 50 seconds East along said last mentioned lands a distance of 109.47 feet: RUNNING THENCE South 73 degrees 40 minutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE NoFLh 14 degrees 48 minutes 00 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Richard F_ Mullen. Jr. by deed dated 10/3/86 recorded 10/23/86 in Libor 10152 cp. 60 made by Daniel C. Finne and Dopla M. Finne, his wife. STATE OF NEW YORK SS.: County of Suffolk I, EDWARD P. ROMAINE. Olerkofthe CountyofSuffolkandClerkoftheSupremeCourtoftheState of New York in and for said County [said Court being a Court of Rea0rd) DO HEREBY CERTIFYthat I have compared the annexed copy of~/~,~,~/c~.~,/1~.~/;7.~;_,_/?,- uf me wno~e [nereor. IN TESTIMONY WHEREOF, Ihavehereuntosetmyhaedandaffixed~esealof~dCoun~ and Coud ~is /~ day of ....................................... Form No. 104 Clerk. STATE OF NEW YORK DEPARTNENT OF STATE ~- I STATE STREET ALBANY, NY 1223 I-OOO [ JUL 2 1 Southold Town Clerk July 17, 2000 ELIZABETH A. NEVILLE TOWN HALL 53095 MAIN ROAD SOUTHOLD. NY 11971 RE: Town of Southold, Local Law 15, 2000, filed 07/13/2000 The above referenced material was received and filed by this office as indicated. law filing forms will be forwarded upon request. Additional local Sincerely, State Records & Law Bureau (518) 474-2755 W~M~V. DOS. STATE, Ny, US E-MAIL: INFO'DOS .STATE. NY. US ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI~VIATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 11, 2000 CERTIFIEO MAIL RETURN RECEIPT REQUESTED New York State Department of State State Records and Law Bureau ti1 State Street Albany, New York 12231 Re: Local Law Number 15 of 2000 Town of Southold, Suffolk County Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith a certified copy of Local Law Number 15 of 2000 of the Town of Southold suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTtLAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 11. 2000 Attention: Shirley Flint Code Supplementation Ceneral Code Publishers Corp. 72 Hinchey Road Rochester, New York lkC62~ Re: Town of Southold Code Local Law Number 15 of 2000 Dear Sirs: Transmitted herewith please find Local Law Number 15 of 2000 Please make the appropriate amendments to the Southold Town Code. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE Local L aw Filing STATE 1223 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~ or ........S.o..u_ _t.b.9.[d. ...................................................................... Town Local Law No ................. !-5. ................. of the year TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE A local law PARCEL OF PROPERTY KNOWN AS SCTM # 1000-62-3-22.1 WHICH IS · CURRENTLY ZONED HAMLET BUSINESS DISTRICT (HB) DESIGNATION TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION AND THE PARCEL OF · PROPERTY KNOWN AS SCTM # 1000-62-3-24.1 WHICH IS CURRENTLY ZONED LOW-DENSITY RESIDENTIAL (R40) TO THE GENERAL BUSINESS (B) 'DISTRICT DESIGNATION Be it enacted by the ....... -T-.°--w-.n---B--°-~--r-d- ......................... }---~2--~-} ........................ of the ~ of .......... -S- -°- -u-t- h 9-[ -ct- .................................................................. as follows: Town Section I. Enactment SCTM #1000-62-3-22.1 and SCTM #1000-62-3-24.1 are more fully described below. The parcel identified by SCTM #1000-62-3-22.1 is currently in the Hamlet Business (HB) District as designated by the Zoning Map of the Town. The parcel identified by SCTM #1000-62-3-24.1 is currently in the Low-Density Residential (R-40) District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-22.1 from the Hamlet Business (HB) District designation to the General Business (B) District designation and we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-24.1 from the Low-Density Residential (R40) District designation to the General Business (B) District designation. SOTM #1000-62-3-22.1 AND SOTM #1000-62-3-24.1 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated on a diagram of lots belonging to Jane A. Cochran, dated (If additional space Is needed, attach pages the same size as this sheet, and number each.) DOS-239 (v~v. ~ ~m) (1) October 1867 and duly filed in the Office of the Suffolk County Clerk as Lots I & 2 and Lots 26, 27 & 28 and described property, more particularly bounded and described as follows: BEGINNING at a point at the intersection formed by the southerly line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place of beginning along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesny; THENCE along said lands of David & Janice Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17 degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West a distance of 109.47 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 seconds West a distance of 171.74 feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 seconds East a distance of 98.92 feet to the point and place of BEGINNING. Section II. Severability. If any section of subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or prevision so adjudged to be invalid or unconstitutional. Section Ill. This Local Law shall take effect immediately upon filing with the Secretary of State. la (Complete the certification in the paragraph that applies to the tiling of this local law and strike out that which Is not applicable.) 1. (Final adoption by local legislative body only.) · 15 of 2000 I hereby certify that the local law annexed hereto, destgnated as local law No of the (67,ox~_ (~i~)(Town)(¥Rl~ga~ of ..... ...S. .o. .u: ?. ?.,1. .d_ ..... ,;-a ..................................... was duly passed by the ..... _T_.Q.w..D...B..o._a__r_ct_ ........................ on...~P__r_[!..!.[-,_ 207-u--, in accordance with the applicable provisions of law. (Name of Legi~latlve Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 20 ---, and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the ....................................... ~ ..........and was deemed duly adopted on ............ c .....20----, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 20----, and was (approved)(not approved)(repassed after (Name of Leg~latlve Body) disapproval) by the ................................................. on- .................. 20 ..... Such local law was submitted (Elective Chief Executlve Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electom voting thereon at the (general)(special)(annual) election held on .................. 20---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 20----, and was (approved)(not approved)(repassed after (Name o~ Legi~lative Body) disapproval) by the .................................................. on .................. 20 .... Such local law was subject to (Elective Chie/ Erecuti~e Officer~) permissive referendum and no valid petition requesting such referendum was filed as of .................. 20---- , in accordance with the applicable provisions of law. .. * Elective Chief Executive Officer means or Includes the chief executive officer ora county elected on a count- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora cry or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local laws or ordinances. (2)' 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .............................. .- .....of 20 ...... of the City of ............................................. having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ................... 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 20 ...... of the County of .................................................... State of New York, having been submitted to the electors at the General Election of November ...................... 20----, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph ...... _1_...., above. Clerk of ~e Co t(~y legislative body, City, To~na or Vitiage Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: July 10, 2000 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STKI'~ O~ I'IBW "~OuI~ F 0 LK COUNTY OF I, the undersigned, hereby certify that the foregoing local law c~na~ the correct text and that all proper pwcecdings have been ha~l or taken for the enactment of the local law a hereto Sig~atu~w~ Greqory F. Yakaboski, Town Attorney Southold Date: July 10, 2000 (~) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MxaD~AGEMENT OFFICER FREEDOM OF iNFORMaTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE 5OUTHOLD TOWN BOARD HELD ON APRIL 11. 2000: Whereas there was presemed to the Town Board of the Town of Southold a Local Law entitled "A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-62-3-22.1 WHICH IS CU1LRENTLY ZONED HAMLET BUSINESS DISTRICT (HB) DESIGNATION TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION AND THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-62-3-24.1 WHICH IS CURRENTLY ZONED LOW-DENSITY RESIDENTIAL (R-40) TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION" Whereas a Public Hearing was held on this Local Law on October 12, 1999 and November 9, 1999 at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it Resolved that the Town Board of the Town of Southold hereby enacts the following Local Law; and BE IT FURTHER RESOLVED that this Local Law will not be filed with the N.Y. Secretary of State by the Town Clerk until after the petitioner of said change of zone files certain covenants and restrictions, enforceable by the Town of Southold, with the Suffolk County Clerk's office which covenants and restrictions were and are an integral part of the change of zone application. Subsequent to such filing, this Local Law shall be transmitted to the Secretary of State pursuant to the Town Attorney and Town Clerk procedure. Local Law No. 15 -2000 A LOCAL LAW TO CHANGE THE ZONING DISTRICT DESIGNATION OF THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-62-3-22.1 WHICH IS CURRENTLY ZONED HAMLET BUSINESS DISTRICT (HB) DESIGNATION TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION AND THE PARCEL OF PROPERTY KNOWN AS SCTM # 1000-62-3-24.1 WHICH IS CURRENTLY ZONED LOW-DENSITY RESIDENTIAL (R-40) TO THE GENERAL BUSINESS (B) DISTRICT DESIGNATION BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. Enactment SCTM #1000-62-3-22.1 and SCTM #1000-62-3-24.1 are more fully described below. The parcel identified by SCTM #1000-62-3-22.1 is currently in the Hamlet Business (HB) District as designated by the Zoning Map of the Town. The parcel identified by SCTM #1000-62-3-24.1 is currently in the Low-Density Residential (R-40) District as designated by the Zoning Map of the Town. Based upon the consideration of the recommendations and comments of the Town Planning Board and the Suffolk County Planning Commission and public comment taken at the public hearing(s) and otherwise, we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-22.1 from the Hamlet Business (HB) District designation to the General Business (B) District designation and we hereby change the zoning district designation of the parcel identified by SCTM #1000-62-3-24.1 from the Low-Density Residential (R40) District designation to the General Business (B) District designation. SCTM #1000-62-3-22.1 AND SCTM #1000-62-3-24.1 ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and designated on a diagram of lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Suffolk County Clerk as Lots 1 & 2 and Lots 26, 27 & 28 and described property, more particularly bounded and described as follows: BEGINNING at a point at the intersection formed by the southerly line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place of beginning along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a distance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesny; THENCE along said lands of David & Janice Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or formerly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard F. Mullen, Jr. North 17 degrees 10 minutes 00 seconds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West a distance of 109.47 feet to a point; THENCE South 71 degrees 55 minutes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 seconds West a distance of 171.74 feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 minutes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 seconds East a distance of 98.92 feet to the point and place of BEGINNING. Section II. Severability. if any section of subsection, paragraph, clause, phrase or provisio ~f this law shall be judged invalid ¢ eld unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section Ill. This Local Law shall take effect immediately upon filing with the Secretary of State. Southold Town Clerk APRIL 11. 2000 12051 $21 TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Iostnm~eat RECORDED Deed / Mollgage lax Stamp OOJUN27 PH q:29 CLERH OF SUFFOU( COUNTY Reco,.ling / Filing Stmops Page / Filing Fee ttaudling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other FEES 500 Mm Igage Ami. I. Basic 1'ax 2. Additiooal 'Fax Sub Total Spec./Assit. Or Spec./Add. qOT. NIFO. TAX l)ual Towa ....... Dual Couoly__ [ Iteld fi)r Aplmrtiomneul __ __ 'l'~ aristar Tax Mansion 'lax 'lhe I',rope~ly cove~ed by Ih is mm Igage is or will be improved by a oue or two [amil Real Prol~er'ly Tax SCTViCe A eocy Vedficalioo I ,I / Satis[acti°"s/Discharge~$~I~l~'liSi"~iq~.l."~i~'?(~whets Mailing Add,ess SabTolal 4 C::~' ~) : dwelling ouly. ~ ~._.~. YES orNO -- GRAND TOI'AL~O IFNO, see appropdate tax clause 0n page of Ihis iostrameal. I c.,,,,,,,,,,i,y v,,,,d C?onsideralion Amount $ CPF Tax Due $ Impmved Vacantl,and '11) TD Tille Com~mny Inhn'malion ), % Suflblk County Recording & Endorsc nc fl I .N , , ~]IIS ~ge fom~ p~'l oflhe at[ached F~n~& ~ ¢~¢Z~ ,oade I,y: (SI'ECIFY TYPE OF INSTRUMENF ) L~tc~' ~ ~*:~~': ,/~ 'lhe premises herein is sitt,aled SUFFOLK COUNFY, NEW YORK. ~-'-- TO h, Ihe Tom,ship of In Ihe VILLAGE or 1 IAMLFiI' BOXES 5 TI IRU 9 MUSI' BE TYPF~I) OR Pl)dNl 1:,1) IN BI ,ACK INK ONI,Y PRIOR TO P,F,( 't,)l{l)lN(l OP, FII ,INCl. ORIGINAL DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the /(,t/' day of-&?d41~2000, by Albert W. Albertson, Jr., residing at No//Horton's Lane, Southold, NY 11971, Donald B. Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Gertrude Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Mullen Realty, L.P., a New York Limited Partnership with a place of business at P. O. Box 1408, Main Road, Southold, NY 11971, and Mullen Motors, Inc., a New York corporation with a place of business at Route 25, Main Road, Southold, NY 11971, hereinafter referred to collectively as the "Declarants," who are the owners -- and in the case of Mullen Motors, Inc., the tenant and prospective tenant -- of the following four parcels of real property located at Southold, Town of Southold, County of Suffolk and State of New York, which parcels are collectively referred to as the "Premises 1. Parcel owned by Albert W. Albertson, Jr. and Donald B. Katz designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 022.001 (referred to hereto as "Lot 22.1") and described on Schedule A annexed hereto. 2. Parcel owned by Albert W. Albertson, Jr. and Gertrude Katz designated on the guffolk County Tax Map as Disthct i000 Section 062.00 Block 03.00 Lot 024.001 (referred to herein as "Lot 24. I") and described on Schedule B annexed hereto. 3. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C annexed hereto. 4. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (referred to herein as "Lot 19"), and described on Schedule D annexed hereto. WITNESSETH: WHEREAS, Richard F. Mullen, III and William H. Mullen made application to the Town Board of the Town of Southold for a change of zone from Hamlet Business (HB) District and Low Density Residential (R-40) District to General Business (B) District for Lot 22. I and Lot 24.1, which parcels are located on the south side of New York State Route 25 and the west side of Locust Avenue, Southold, New York; and WHEREAS, Richard F. Mullen, IH and William H. Mullen are under contract to purchase Lot 22.1 and Lot 24.1 from Declarants Albert W. Albertson, Jr., Alice Albertson, and Gerlrude Katz; and WHEREAS, Mullen Realty, L.P. owns Lot 20 and Lot 19, which parcels are located to the west of Lots 22.1 and 24.1; and WHEREAS, an existing car dealership is operated under the name of"Mullen Motors" on Lot 20 and Lot 19; and WHEREAS, Mullen Realty, L.P. is interested in the application for change of zone referred to above; and WHEREAS, during the course of the proceedings before the Town Board of the Town of Southold, applicants for the change of zone amended their application to include certain covenants and restrictions 1/miring the use of the Premises; and -2- WHEREAS, Declarants consented to the covenants and restrictions proposed by applicants in connection with said application for change of zone; and WHEREAS, Declarants deem it to be in the best interest of Declarants, Declarants successors and assigns and the Town of Southold to impose certain covenants and restrictions upon the use of the Premises, and desire to hereby impose those covenants and restrictions. NOW, THEREFORE, in consideration of the foregoing, Declarants hereby declare that the Preimses, referred to herein as Lots 22.1, 24.1, 20 and 19, and which are described on Schedules A, B, C and D aImexed hereto, are now held and shall be conveyed subject to the following covenants and resthctions: 1. The use of Lot 24.1 shall be limited to vehicular parking, storage and display purposes only, and shall be associated with the adjoining automobile dealership currently located to the west. 2. There shall be no vehicular access to Locust Avenue from the parking facility constructed on Lot 24.1. 3. A 25-foot wide landscaped buffer shall be installed and maintained along the easterly, southerly and southwesterly sides o£the parking area on Lot 24.1; within said buffer there shall be a berm approximately three feet in height, and the entire buffer area ' shall be landscaped with evergreens, l~ees and shrubs. 4. The parking area on Lot 24.1 shall have two landscaped "islands." 5. Access to the parking area on Lot 24.1 shall be from the existing parking area ~3- on Lot 19, which existing parking area has access on Cottage Place, a public street. 6. The landscaped buffer and berms shall be designed to screen the view of the parking area on Lot 24.1 from Locust Avenue and from nearby residences. 7. Notwithstanding all of the uses permitted, as of right and by special permit in the General Business (B) District, the use of Lot 22.1 shall be limited to automobile dealership and related purposes, in the event its use is changed from the uses which currently exist. 8. When and if the uses or buildings on Lot 22.1 are changed, any new uses or buildings shall be developed jointly with Lots 20 and 19, which lots are located to the west of Lot 22.1. 9. When and if the use of Lot 22.1 is changed in whole or in part, and the existing building at the northeast comer of Lot 22.1 is removed or altered, a landscaped buffer of at least 15 feet in width shall be installed along the Locust Avenue frontage of Lot 22.1, which buffer shall run in a northerly direction from the northerly point of the landscaped berm on Lot 24.1 to a point as near to New York State Route 25 as possible without blocking lines of site for vehicles. 10. Additional landscaping shall be provided for the existing parking area located on Lot 19, including landscaping along the entrance to Lot 19 from Cottage Place. 11. Before the Town of Southold's Building Department issues a certificate of occupancy or compliance for the parking area on Lot 24.1, the installation of all landscaping, lighting and drainage systems for the parking area on Lot 19 and the parking -4- area on Lot 24.1, as required by the Town Board of the Town of Southold and/or the Planning Board of the Town of Southold, shall be completed. 12. On the Cottage Place side of Lots 20 and 19, there shall be no outdoor repair work, vehicle activities shall be restricted to access to and from the site, with no parking or storage of Mullen Motors' vehicles on Cottage Place. 13. Mullen Motors shall advise its employees and customers that there shall be no test-driving of vehictes on residential side streets in the vicinity of the property which is the subject of tiffs Declaration of Covenants and Restrictions. 14. A plan shall be presented to the Planning Board of the Town of Southold, within a reasonable time after the recording of these covenants and restrictions, to minimize the impact on Cottage Place from delivery trucks servicing Mullen Motors. 15. Vehicle deliveries by vehicle transporters to the Premises shall be limited to weekdays during the hours between 8:00 a.m. and 6:30 p.m. 16. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation of any relevant provisions of local, state, and federal laws, ordinances, or regulations in effect at the time of the execution of this Declaration, or at the time such laws, ordinances, or regulations may thereafter be promulgated, mended, or revised. 17. These covenants and restrictions shall run with the land and shall be binding upon Declarants, Declarants' successors and assigns, and upon all persons or entities claiming under them, and can be terminated, revoked, or amended only with the written consent of the Town Board of the Town of Southold. 1N WITNESS WHEREOF, Declarants have caused this msmnnent to be duly TATE OF NEW YORK OUNTY Of SUFFOLK SS: I EDWARD p. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CEBIIFY THAT I HAVE COMPABLED THE ANNEXED COPY F DEED LIBER Jc~" / AT PAGE ~-- DEC_~_A~ATiTO~ AND THAT IT IS A JU AN~- - __ I RECORDED ~7 ~o T~EREOF. ST ....u TRUE COPY OF SUCH ORIGINAL AND OF THE WHOLE I~TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY' HAND AND AFFIXED THE SEAL OF SAID COUN~AND COURTTHIS ~ DAY OF ~ ~oO CLERK ~ Mullen Motors, Inc. By: _~ -- -- -6- STATE OF NEW YORK) . COUNTY OF SUFFOLK) SS.. day ofiv~a~-d~, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Albert W. Albertson, Jr., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he-executed the same in · his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary~ TAR¥ POSLIO, State ot H~~o~¢ NO ~., noHA492702g: STATE OF NEW YORK) COUNTY OF SUFFOLK) SS;:' On the. [ c/_p~ . day o~ ,v~arc,, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald B. Katz, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. 7~ KAREN J. HAGEN NOTARY PUBUC, State of No. 02HA4927029 Ouefified In Suffolk Coun~ Commission Expires Ma;ch 21.20 -7- STATE OFNEW YORK) COUNTY OF SUFFOLK) SS.: On the ! c]7~1 day of/~~0, before me, the undersigned, a Notary Public in and for said State, personally appeared Gertrude Katz, known to me or proved. to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instnnnent. Notary Public (_.// (..) KAREN J. HAG~N STATE OF NEW YORK) Oua~ified ~n su~o~k Count,/_ COUNTY OF SUFFOLK) SS.: ~rnl~s~on Exp~re~ ~a21,~o~---- On the. ] C/~ . day o~2000, befor~ me, ~e ~d~si~ed, a Not~ Public ~ ~d for said State, person~ly appe~ed ~Z~ ~/~ , of Munen Re,W, L.P., ~o~ to me or proved to me on ~e basis of safisfactow e~dence to be ~e ~dihdu~ whose nme is subscribed to ~e wi~ ~sment ~d ac~owledged to me · at he executed ~e sine ~ ~s capaciW, ~d that by hs silage on s~d ~sment, ~e mdi~dual, or ~e person upon behalf of whch ~e ~di~dual acted, executed ~s ~sment. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Quatified in Suffolk County ~_ Commission Expires March 21, 20 , -8- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: ?nthe _/~/1/~ day of~chc~, 2000, before me, the unde, rsigned, a Notary Public m and for said State, personally appeared ~/,z./e~.~J rrTu//~2 , of Mullen Motors, Inc., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within inslnunent and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified, n Suffolk County ~)~_ Corem ssion Expires March 21, 20 .__._ -9- ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 1 and 2 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more particularly bounded and described as follows: BEGINNING at a monument set in the southerly side of Main Road distant 100 feet easterly from the corner formed by the intersection of the southerly side of Main Road with the westerly side of Cottage Place; running thence along the southerly side of Main Road the following two courses and distances: (1) North 87 degrees 02 minutes 00 seconds East, a distance of 100 feet to a monument; and (2) North 85 degrees 37 minutes 00 seconds East, a distance of 98.92 feet to a monument located at the point of intersection of the southerly line of Main Road with the westerly line of Locust Avenue; running thence along the said westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet to land now or formerly of Alice Albertson and Gertrude Katz; running thence along said land of Alice Albertson and Gertrude Katz and land now or formerly of Mullen, the following two courses and distances: (1) South 75 degrees 42 minutes West 111.69 feet, and (2) South 71 degrees 55 minutes 40 seconds West, a distance of 98.50 feet to a point and the easterly side of land now or formerly of Mullen; running thence along last mentioned land, North 15 degrees 32 minutes 00 seconds West, a distance of 171.74 feet to a monument set in the southerly side of Main Road, at the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfred S. Prell by the following deeds: 1. Deed dated 6/5/73 recorded 6/6/73 in Liber 7412 cp. 557 made by Ralph L. Glover and Una Belle Glover, his wife; and 2. Deed dated 7/18/75 recorded 8/11/75 in Liber 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Marie Cassidy, as devisees of the Estate of Bridget Furey and Catherine A. DeRosiers. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, known and designated on a diagram of Lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Clerk of the County of Suffolk as and by Lots 26, 27 and 28, said lots when taken together are more particularly bounded and described as follows: BEGINNiNG at a point on the westerly side of Locust Avenue distant 129.79 feet southerly from the intersection of the southerly side of Main Road with the westerly side of Locust Avenue; running thence along the westerly side of Locust Avenue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands of Szczesny; thence along said lands and also along lands ofW. Corbett South 73 degrees 21 minutes 50 seconds West 162.91 feet to lands orB. Adams; thence along said lands North 17 degrees 10 minutes West 48.80 feet to the southeast comer of lands of Mullen; thence along said lands North 18 degrees 05 minutes 50 seconds West 109.47 feet to lands of Albert W: Albertson, Jr. and Donald B. Katz; thence along said lands of Albert W. Albertson, Jr. and Donald B. Katz the following two (2) courses and distances: 1. North 71 degrees 55 minutes 40 seconds East 38.81 feet and 2. North 75 degrees 42 minutes East 111.69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed by Judith Zavesky, James Michael Lucey, Kathleen Marie Lucey and Patricia Lucey to Alice Albertson and Ge~lsude Katz by deed dated May 19, 1982 recorded July 7, 1982 in Liber 9207 cp. 596. SCHEDULE B ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 3 and 4 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more particularly bounded and described as follows: BEGINNING at a point located at the intersect/on of the southerly line of Main Road with the easterly line of Cottage Place; runn/ng thence along said southerly line of Main Road North 87 degrees 02 minutes 00 seconds East, a distance of 100.00 feet to a monument and land now or formerly of Katz and Albertson; thence along said land South 15 degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richard Mullen, Jr.; thence along said land South 71 degrees 55 minutes 40 seconds west, a distance of 100.00 feet to the easterly line of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minutes 00 seconds west, a distance of 198.00 feet to the intersection of said easterly line of Cottage Place with the southerly line of Main Road and the point or place of BEGINNING. SCHEDULE C ORIGINAL DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the /~t/' aay oI ~ 2000, by Albert W. Albertson, Jr., residing at No# Horton's Lane, Southold, NY 11971, Donald B. Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Gertrude Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Mullen Realty, L.P., a New York Limited Partnership with a place of business at P. O. Box 1408, Main Road, Southold, NY 11971, and Mullen Motors, Inc., a New York corporation with a place of business at Route 25, Main Road, Southold, NY 11971, hereinafter referred to collectively as the "Declarants," who are the owners -- and in the case o£ Mullen Motors, Inc., the tenant and prospective tenant -- of the following four parcels of real property located at Southold, Town of Southold, County of Suffolk and State of New York, which parcels are collectively referred to as the "Premises:" 1. Parcel owned by Albert W. Albertson, Jr. and Donald B. Katz designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 022.001 (referred to h ' " erem as Lot 22.1") and described on Schedule A annexed hereto. 2. Parcel owned by Albert W. Albertson, Jr. and Gertrude Katz designated on the ~uffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 024.001 (referred to herein as "Lot 24.1") and described on Schedule B annexed hereto. 3. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C annexed hereto. 4. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (referred to herein as "Lot 19"), and described on Schedule D annexed hereto. WITNESSETH: WHEREAS, Richard F. Mullen, III and William H. Mullen made application to the Town Board of the Town of Southold for a change of zone from Hamlet Business (HB) District and Low Density Residential (R~40) District to General Business (B) District for Lot 22.1 and Lot 24. l, wtfich parcels are located on the south side of New York State Route 25 and the west side of Locust Avenue, Southold, New York; and WHEREAS, Richard F. Mullen, III and Wilham H. Mullen are under contract to purchase Lot 22.1 and Lot 24.1 from Declarants Albert W. Albertson, Jr., Alice Albertson, and Gertrude Katz; and WHEREAS, Mullen Realty, L.P. owns Lot 20 and Lot 19, which parcels are located to the west of Lots 22.1 and 24.1; and WHEREAS, an existing car dealership is operated under the name of"Mullen Motors" on Lot 20 and Lot 19; and WHEREAS, Mullen Realty, L.P. is interested in the application for change of zone referred to above; and WHEREAS, during the course of the proceedings before the Town Board of the Town of Southold, applicants for the change of zone amended their application to include certain covenants and restrictions limiting the use of the Premises; and -2- WHEREAS, Declarants consented to the covenants and restrictions proposed by applicants in connection with said application for change of zone; and WHEREAS, Declarants deem it to be in the best interest of Declarants, Declarants successors and assigns and the Town of Southold to impose certain covenants and restrictions upon the use of the Premises, and desire to hereby impose those covenants and restrictions. NOW, THEREFORE, in consideration of the foregoing, Declarants hereby declare that the Premises, referred to herein as Lots 22.1, 24.1, 20 and 19, and which are described on Schedules A, B, C and D annexed hereto, are now held and shall be conveyed subject to the following covenants and restrictions: 1. The use of Lot 24.1 shall be limited to vehicular parking, storage and display purposes only, and shall be associated with the adjoining automobile dealership currently located to the west. 2. There shall be no vehicular access to Locust Avenue from the parking facility constructed on Lot 24.1. 3. A 25-foot wide landscaped buffer shall be installed and maintained along the easterly, southerly and southwesterly sides of the parking area on Lot 24.1; within said buffer there shall be a berm approximately three feet in height, and the entire buffer area ' shall be landscaped with evergreens, trees and shrubs. 4. The parking area on Lot 24.1 shall have two landscaped "islands." 5. Access to the parking area on Lot 24.1 shall be from the existing parking area -3- on Lot 19, which existing parking area has access on Cottage Place, a public street. 6. The landscaped buffer and berms shall be designed to screen the view of the parking area on Lot 24.1 fi:om Locust Avenue and fi:om nearby residences. 7. Notwithstanding all of the uses permitted, as of right and by special permit in the General Business (B) District, the use of Lot 22.1 shall be limited to automobile dealership and related purposes, in the event its use is changed from the uses which currently exist. 8. When and if the uses or buildings on Lot 22.1 are changed, any new uses or buildings shall be developed jointly with Lots 20 and 19, which lots are located to the west of Lot 22.1. 9. When and if the use of Lot 22.1 is changed in whole or in part, and the existing building at the northeast comer of Lot 22.1 is removed or altered, a landscaped buffer of at least 15 feet in width shall be installed along the Locust Avenue frontage of Lot 22.1, which buffer shall nm in a northerly direction from the northerly point of the landscaped berm on Lot 24.1 to a point as near to New York State Route 25 as possible without blocldng lines of site for vehicles. 10. Additional landscaping shall be provided for the existing parking area located on Lot 19, including landscaping along the entrance to Lot 19 from Cottage Place. 11. Before the Town of Southold's Building Department issues a certificate of occupancy or compliance for the parking area on Lot 24.1, the installation of all landscaping, lighting and drainage systems for the parking area on Lot 19 and the parking -4- area on Lot 24.1, as required by the Town Board of the Town of Southold and/or the Planning Board of the Town of Southold, shall be completed. 12. On the Cottage Place side of Lots 20 and 19, there shall be no outdoor repair work, vehicle activities shall be restricted to access to and from the site, with no parking or storage of Mullen Motors' vehicles on Cottage Place. 13. Mullen Motors shall advise its employees and customers that there shall be no test-driving of vehicles on residential side streets in the vicinity of the property which is the subject of this Declaration of Covenants and Restrictions. 14. A plan shall be presented to the Planning Board of the Town of Southold, within a reasonable time after the recording of these covenants and restrictions, to minimize the impact on Cottage Place from delivery trucks servicing Mnllen Motors. 15. Vehicle deliveries by vehicle transporters to the Premises shall be limited to weekdays during the hours between 8:00 a.m. and 6:30 p.m. 16. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation of any relevant provisions of local, state, and federal laws, ordinances, or regulations in effect at the time of the execution of this Declaration, or at the t/me such laws, ordinances, or regulations may thereafter be promulgated, amended, or revised. 17. These covenants and restrictions shall nm with the land and shall be binding upon Declarants, Declarants' successors and assigns, and upon all persons or entities claiming under them, and can be terminated, revoked, or amended only with the written consent of the Town Board of the Town of Southold. 1N WITNESS WHEREOF, Declarants have caused tiffs instrument to be duly TATE OF NEW YORK OUNTY OF SUFFOLK SS: I EDWARD p. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CEEIIIFY THAT I HAVE COMPAB. ED THE ANNEXED COPY DEED LIBER j~o~"L.- AT PAG~ ~.-'~. QF/ / AND THAT IT IS A JUST AND- R~ r'~-', o~r-~ _. RECORDED _ G/,~-7 o o T, EREOF. T ..... uPY OF SU~. OR G,NAL ~,~ND OF THE WHOLE I1~ TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS 0%../ DAY OF "~'u~.~ ~oo(j Mullen Motors, Inc. -6- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the //-/>t~ day of lvl,~ J-~, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Albert W. Albertson, Jr., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he-executed the same in · his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this insmnnent. Not K,i~REN ,1. HAGEN OTARY PUBUC, 8tste oi New ~n 02HA4927029 ' ..... -'---,-,-~ Msroh O1, 1~ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS,:' Onthe [ ~/-p~ ~',~ day o. ,,,arch, 2000, before me, the undersigned, a Notary Public in and for said StatE, personally appeared Donald B. Katz, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. 7~ KAR~I J, HAGEN NOTARY PUBUC, State of No. 02HA4927029 Qualified In Suffolk County Commission Expires March 21, 20 -7- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the_ ] qJ~(1 day of g~rvh~0, before me, the undersigned, a Notary Public in and for said State, personally appeared Gertrude Katz, known to me or proved' to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this insmunem. dry ublic (_// O KAREN J. HAGEN e, lified in Suffolk Count~/_ STATE OF NEW YORK) ~o. COUNTY OF SUFFOLK) SS.: ~lse~on ~o~r~ ~ 21, ~o.-.-. On the ] ~ day o ~M-~m~, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ~/~L/~,sc,,~7///Ttg/'/~/~ , of Munen Realty, L.P., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffotk Counta/_ ~_ Commission Expires March 21, 20 ,. -8- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the /V~']~ da of~Imc~ ~ ~ _ y ~ c-Ix, 2000, before me, the undersigned, a Notm-y Public in and for said State, personally appeared ~/,~_l~c...-J rrTu/~6.O , of Mullen Motors, Inc., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified' n Suffolk County ~.~_ Corem ssion Expires March 21,207~ -9- ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 1 and 2 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more particularly bounded and described as follows: BEGINNING at a monument set in the southerly side of Main Road distant 100 feet easterly from the comer formed by the intersection of the southerly side of Mare Road with the westerly side of Cottage Place; rum4ng thence along the southerly side of Main Road the following two courses and distances: (1) North 87 degrees 02 minutes 00 seconds East, a distance of 100 feet to a monument; and (2) North 85 degrees 37 minutes 00 seconds East, a distance of 98.92 feet to a monument located at the point of intersection of the southerly line of Main Road with the westerly line of Locust Avenue; running thence along the said westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet to land now or formerly of Alice Albertson and Gertrude Katz; running thence along said land of Alice Albertson and Gertrude Katz and land now or formerly of Mullen, the following two courses and distances: (1) South 75 degrees 42 minutes West 111.69 feet, and (2) South 71 degrees 55 minutes 40 seconds West, a distance of 98.50 feet to a point and the easterly side of land now or formerly of Mullen; nmning thence along last mentioned land, North 15 degrees 32 minutes 00 seconds West, a distance of 171.74 feet to a monument set in the southerly side of Main Road, at the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfred S. Pfeil by the following deeds: 1. Deed dated 6/5/73 recorded 6/6/73 in Liber 7412 cp. 557 made by Ralph L. Glover and Una Belle Glover, his wife; and 2. Deed dated 7/18/75 recorded 8/11/75 in Liber 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Marie Cassidy, as devisees of the Estate of Bridget Furey and Catherine A. DeRosiers. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, known and designated on a diagram of Lots belonging to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Clerk of the County of Suffolk as and by Lots 26, 27 and 28, said lots when taken together are more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Locust Avenue distant 129.79 feet southerly from the intersection of the southerly side of Main Road with the westerly side of Locust Avenue; running thence along the westerly side of Locust Avenue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands of Szczesny; thence along said lands and also along lands ofW. Corbett South 73 degrees 21 minutes 50 seconds West 162.91 feet to lands orB. Adams; thence along said lands North 17 degrees 10 minutes West 48.80 feet to the southeast comer of lands of Mullen; thence along said lands North 18 degrees 05 minutes 50 seconds West 109.47 feet to lands of Albert W.' Albertson, Jr. and Donald B. Katz; thence along said lands of Albert W. Albertson, Jr. and Donald B. Katz the following two (2) courses and distances: 1. North 71 degrees 55 minutes 40 seconds East 38.81 feet and 2. North 75 degrees 42 minutes East 111.69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed by Judith Zavesky, James Michael Lucey, Kathleen Made Lucey and Patdcia Lucey to Alice Albertson and Gertrude Katz by deed dated May 19, 1982 recorded July 7, 1982 in Liber 9207 cp. 596. SCHEDULE B ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 3 and 4 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk on 10/6/1870 as map no. 399, and being more particularly bounded and described as follows: BEGINNING at a point located at the intersection of the southerly line of Main Road with the easterly line of Cottage Place; ruuning thence along said southerly line of Main Road North 87 degrees 02 minutes 00 seconds East, a distance of 100.00 feet to a ~n;nument and land now or formerly of Katz and Albertson; thence along said land South degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richard Mullen, Jr.; thence along said land South 71 degrees 55 minutes 40 seconds west, a distance of 100.00 feet to the easterly, line of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minutes 00 seconds west, a distance of 198.00 feet to the intersection of said easterly line of Cottage Place with the southerly line of Main Road and the point or place of BEGINNING. SCHEDULE C ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, m the Town of Southold, County of Suffolk and State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Cochran, as surveyed by J. Wickham Case, October 1867, filed in the Suffolk County Clerk's Office on October 6, 1870, as Map No. 399, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said northerly line of Lot 33 is shown on a certain survey by Otto W. V~m Tuyl and Son, Licensed Land Surveyors, Greenport, N. Y., dated October 17, 1963; RUNNING THENCE North 71 degrees 55 minutes 40 seconds East a distance of 159.69 feet to lands of Alice Albertson and Gertrude Katz; RUNNING THENCE South 18 degrees 05 minutes 50 seconds East along said last mentioned lands a distance of 109.47 feet; RUNNING THENCE South 73 degrees 40 minutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE North 14 degrees 48 m/nutes 00 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Richard F. Mullen, Jr. by deed dated 10/3/86 recorded 10/23/86 in Liber 10152 cp. 60 made by Daniel C. Finne and Dopla M. Finne, his wife. SCHEDULE D Mr. Ray Jacobs Highway Superintendent Southold Town Peconic Lane Peconic, NY 11958 CEIVED JUN 9 2000 Locust Lane Southold, NY 11971 June 8,2000 Dear Mr. Jacobs: Here are some photos of the street corners in my neighborhood --- some that residents have protected with rocks and plantings, --- and others that have been eroded and destroyed by traffic. With regard to Mr. Forrester's June 6th letter, the corner of Locust and L'hommedieu has finally been restored to it's proper configuration. Since its completion this past week, the improvements have effectively calmed speeding vehicles. Two years ago we wrote to you asking for this worn-out corner to be restored. Please do not dismantle this beautiful and expensive buffer. With all the heavy traffic and speeding on our road, it is most important that people observe corners, slow down and obey stop signs. Families are out walking. Children are riding bikes or walking dogs. It is a neighborhood. The restoration of this corner should not be undone and whoever complained should drive slower and not cut corners. Please review the enclosed photographic evidence and you will see that this is not an unusual effort and that there is also plenty of room to negotiate the turn. As you can see, this restoration has been patterned alter other properties throughout the neighborhood (Town Harbor, Hobart Road, Terry Lane, Korn Road, Founder's Path, etc.) Due to our traffic problems and the presence of 7/Eleven, we ask you, Mr. Jacobs, to please post "NO THRU TRAFFIC" signs at the head of Locust Lane --- to reduce wear and tear on these fragile, earliest of roads and to curtail 7/Eleven customer- intrusion into our neighborhood. Thank you. Sincerely, Jean Sanford 765-5426 CC: Ed Forrester Southold Town Board Southold Town Planning Board Southold Town Hall Main Road Southold, NY Locust Lane $outhold, NY May 8, 2000 RECEIVED $outhhold To~'n Cle(k Dear Supervisor Cochran, Valerie Scopaz, Town Board, Planning Board, and Attorney Gregory Yakaboski: As a follow up to my May 4th phone call to Mr. Yakaboski's office and May 5th conversation with Valerie Scopaz, I would like to state for the record that: On May 4th, at 11:00 AM, the Mopar 18-wheeler delivery truck, dispatched from Mullen Motors, drove east into Town Harbor Lane, across L'Hommedieu, and up Locust Lane to Rte. 25. This adjacent neighborhood is definitely not the appropriate place for Mullen Motor vehicles to conduct their business. Before the Planning Board proceeds with the Mullen Motors application, a traffic study for Locust Lane and the entire area should be conducted. A Grandfathered, Non-Conforming, Special Exception business, such as, Mullen Motors, needs to be heavily restricted and monitored. That is why there are Covenants attached to the change of zone. And when residents bring serious infringements of these Covenants to the Town and Planning Board's attention they should be addressed and corrected. The Mullens stipulated in their Covenants that there would be "no access on Locust Lane." Already this Covenant has been violated. Please remind Mullen Motors of their contract with the Town. We ask for your immediate attention to resolve this problem. It is an itemized condition in Mullen's Covenants. Yours truly, Melanie Sanford Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/04/00 Transaction(s): SEQR Review Receipt#: 44208 Subtotal $600.00 Check#: 44208 Total Paid: $600.00 Name: Mullen, Motors Inc. Route 25 Southold, NY 11971 Clerk ID: LYNDAB Internal ID: 9976 To Valerie Scopaz and Planning Board Members: 4/28/OO The statements of Richard Mullah Ill in the April 19th, Suffolk Life article, "Mullen Wins ZoneChange--Neighbor's Miffed" are untrue. At this time, I would like to set the record straight. Mullen says, "...there are no violations"on the Mullen Motors' properties. FACT: We uncovered 14 site plan violations in theZBAand Planning Board files. The most glaring of these is the violation of the front yard area variance which should be grass not macadam and cars. A dangerous consequence of this violation is that drivers' visibility is obstructed when exiting Cottage Place onto Rt. 25. Pedestrians are also at risk because Mullen Motors ripped out the sidewalk as well as the grass. The front yard is ugly, dangerous and in violation. Mullen says, "He has peacefully co-existed with his neighbors for years...". FACT: For years neighbors have tolerated test drivers, car carriers and devaluation of their homes. Nearly every fami]y on Cottage Place. Korn Road, and Locust Lane signed the petition against the Mullen Motors expansion. Property owners immediately adjacent and opposite the site voiced their objection to this zone change by signing and submitting a Protest Petition to the Town Board requiring asuper majority vote. Richard Mullah III goes on to say that 'LIPA...damaged some trees on Locust [Lane]_ I was blamed for the damage"_ FACT: LIPA is not responsible for the topping of the street trees on Locust Lane. Asplundh Tree Expert Co. topped the street trees for property owner Junie AIbertson in anticipation for a Mullen Motors parking lot. As oneAsplundh worker stated at the time (7/15/97), "We're topping these trees for a parking lot." Adjacent property owners received letters from Muilen Motors telling them that a parking lot was proposed for the very site that was cut and bulldozed on 7/15/97. Richard Mullen III says, '...rumors that he intends to knock down historic buildings at the Colonial Corners site are mistaken." 'We just need more space for parking. · FACT: If Mullen Motors "just needs more space for parking", why didn't they "just get" a variance on the residential lot as the Planning Board suggested to them at their May 10th, 1999 work session? If Mullah Motors does not plan to alter Colonial Corners, why did they request a zone change from hamlet to general business? Lastly, if Mullah Motors does not plan to destroy or remove historic buildings (like the 3 they did on Cottage Place and Rt. 25 in the 1980's) then why does Covenant #9 provide for the removal of the red house in the future so Colonial Corners can be developed for automobile use only? In response to finding land elsewhere for his expansion Richard III says, '...[he] had no other option. · FACT: Before granting Mullah Motors this zone change, the Board admitted that they had not explored any alternative options nor had the Mullenfamily. With all the undeveloped land in the Town of Southold, Mullah Motors certainly could have found a more appropriate location away from our homes and our historic village. Finally, Richard Mullah I1[ says,'...he and his family care very much about the environment and the rural nature of the area and do not want to do anything toruin it...". FACT: If the Mullahs really cared, they would protect the land, not exploit it. If the Mullens really cared, they would not be replacing the rural charm of our 1640 hamlet with the automobile clutter of car lots and a mega car dealership. And. if our Town Board really cared about preservation, they would not have favored an application that promotes suburban sprawl and strips the protection of residential properties. Sincerely, Jls, a"n A. Sanford /J - Locust Lane, Southold CC: Southold Town Board SITE PLAN VIOLATIONS ]. Parking Lot to the rear of Mullen Motors along Cottage Place was to be used for Employee Parking Only, Fact, There have been ()','er 35 cars stored ii, ere overnight. (1 violation). 2. A 165 ft. long grass buffer. 10 ft. wide with 27 six ft. hemlock trees ,,,,'as supposed to separate the neighbor's valuable property from the car dealership. Fact. No 165 ft. long grass)' buffer l0 ft. ','.[de has been planted. No hemlocks trees tlave been planted either. (2 violations). 3. A 60 ft. long chain link fence along v~ith 60 ft. of lev,' growing shrubbery '.','as to be installed and planled on the east side of Cottage Place to shield residents l,rom dealership operations. Fact. The fence ]las been taken down and si]rubber_,, ripped out, replaced by macadam and parked ears. (2 viohltions). 4. Two [2 foot vvide gates ,.,.'ere posted on either ead of the Employee Parking Lot to control the i~]gress and egress of cars. Fact. The gates [lave been removed, replaced b.'. multiple car access. ([ violation). 5. 'Emplo) ee Parking ()hi} "signs were supposed to be instal[ed in Employee Park(ha [,o~. Fact. They ha,,e ne~er been iT]stalled. ([ ~iolatiotl), 6. The chain lh~k l,ence enclosing the Custom(:r ['arking 1.o[ on the Main Road. s]muld ~un I'rom tlle video store to about one-third the distance to Cottage Place. Fact. The fence runs the whole length of the Main Road to Cottage Place and 7 feet be) end the property corner stone. Also, the lot designated for Customer Parking and Dealership ~a]eg. only has Dealership cars parked on (1 ~iolation). 7. No vehicles are allowed betv,'een the addition and forward to the north front property line. Fact. Vehicles have been parking in this prohibited zone. (! violation). 8. Unshielded flood lights and glare visible from adjaceat properties, not approved by Code. Fact. Dealership bas insufl,icient shielding on l,lood lights creating glare and light disturbances. To,.~,n Code [00-239.5 states, "All outdoor lighting shall be shielded so that the source is not ~,isib]e from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries." Tile Neighborhood currently tolerates excessi,,e light and glare from these intrusive l,lood lights. (2 violations). 0. Bubble sho,.'.room at the front v, as to ba:e grass only between it and tile Main Road. Fact. Dealership added 2 concrete pads in 19F;9 violating the Site Plan. After getting a hindsight okay from the ZHA v.-ith a [994 Area Variance. thc, cn~irc l,ront landscaped :]rea was macadamed over. This action violated the Site Plan once again, as weII as the Area Variance granted to lite dealership on Sept. 26. 1994. To date. neither violation has been addressed. (2 ~iolations). 10. Sufficie~qt ',isibilhy should not be adversely afl,acted. Fact. String of cars parked on macadam in front of bubble showroom ad,,ersely affecl the ',isibi[ity of dri,.ers exiting Cottage Place onto the .Main Road-- an accident waiting to happen, (l violation). Total Number of Violations-14 S.T.O.P.~- \Vatch $oulhold Town Organization for Preser,,ation--V','atch P.O. ilex 1445, Southold. N.¥'. II971 lnforr}]ation P[.;//LIC DOMAIN gathered l,roi'ii South(fid Town Plarlrlirlg [½card and Z[1A riles. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27. 2000 Stephen R. Angel, Esq. IEsseks, Nefter & Angel Counselors At Law 108 East Main Street Post Office Box 279 Riverhead, New York 11901 Dear Mr. Angel: Please be advised that there is an outstanding amount of $600.00 due for environmental services on the Mullen Motor Change of Zone application. I enclose the original proposal of Nelson, Pope, & Voohris of December 22, 1999. Please send a check directly to me in the amount of $600.00 at your earliest convenience. Thank you. Very truly yours, Southold Town Clerk cc: Town Attorney ELIZABETH A. NEVILLE TOVCN CLERK REGISTP~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Apr~! 27, 2000 Stephen R. Angel, Esq. Fsseks, Hefter & Angel Counselors At I_aw 108 East Main Street Post Ot:t:ice Box 279 Riverhead, New York 11901 Dear Mr. Angel: Please be advised that there is an outstanding amount of $600.00 due for environmental services on the Mullen Motor Change of Zone application. I enclose the original proposal of Nelson, Pope, & Voohris of December 22, 1999. Please send a check directly to me in the amount of $600.00 at your earliest convenience. Thank you. Very truly yours, Southold Town Clerk cc: Town Attorney County, New-York, held on the llth day of April, 2000, the Town Board, by Local Law, enacted the f~lowfng amendment to the Town Zoning Map ns adopt~i by Section 10-21 of the Code of the Town of Southold, sub{eot to thi~ ~ Law not being filed until afte~ the petitioner of said change, of zone files uertain covenants and restrictions, enforce- able by the Town of Southoki, with the Suffolk County Clerk's office which covenant~ and restrictions were and am an integral part of the change of zone application. Sub- sequent to such filing, this Local Law mhall be transmitted tO thc Secretary of State pursuant to the Town Attorney and Town Clerk proce- The Local Law nmunds the Code of the Town of Southold by changing the Zoning District Des~nation of the property known as AS SCTM #1000-62-3-22.1 WHICH IS CUR~ RENTLY ZONED HAMLET BUSINESS DISTRICT , (HB) DESIGNATION TO THE GEN- ERAL BUSINESS (B) DISTRICT DESIGNATION AND THE P^R- CEL OF PROPERTY KNOWN AS SCI.{ ~000-62-3.241! WHICH IS CURRENTLY ZONED LOW- DENSITY RESIDENTIAL (R-40) T~) THE GENERAL BUSINESS (B) DISTRICT DESIGNATION. BE IT ENACTED by flare Tov~ ~ of the Town of So~n~l as foBov~ Section L Enactment SCTM #1000-62.3-22.1 and scrM #1000-62.3-24~1 are more fully demcribnd :belo~v. The Pareel identi. fled by SCTM #1000-6~-~-22.1 is cur. 'rentiy in tl~ Hamlet Business (HB) District as desi~unled by the ZuninS Map of the Town. The parcel identi- fied by SCTM #t0(]0-62-3-24.1 is cur- rently in the Low-Density Residential (R-40) Dimict as dust8. hated by the Zoning Map of the Town. Bared upon the consideration of the recommendations and ment.m of.the Town Planning Board and the Suffolk County Planning commission and public comment taken at the public hearing(s) and othenvi~e, we hereby chuege the zoning district designation of the parcel identified by SC]'M #1000.fi2, 3-22.1 from'the Hamlet Business (HB)!District designation to the General Business (B) District desi8. nation and we hereby change the zoning district designation of the parcel identified by SCTM #1000-62- 3-24.1 from the Low-Density Resi- dential (R-40) District designation to the General Business (B) District designation. SCTM #1000-62-3-22.1 and SCTM #1000-62-3-24.1. ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, known and des- ignated on a diagram of lots belong- ing to Jane A. Cochran, dated October 1867 and duly filed in the Office of the Suffolk County Clerk as Lots I & 2 and Lots 26, 27 & 28 and described property, more partic- ularly bounded and described as fol- lows: BEGINNING at a point at the intersection iormed by the southerly line of Main Road (New York State Route 25) and the westerly line of Locust Avenue; RUNNING THENCE from said point and place of beginning along the westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East a dis- lance of 285.39 feet to a point and the northerly line of lands now or formerly of David & Janice J. Szczesny; THENCE along said lands of David & Janice Szczesny and lands now or formerly of William Corbett South 73 degrees 21 minutes 50 seconds West a distance of 162.66 feet to a point and lands now or tor- merly of Barbara S. Adams; THENCE along said lands of Barbara S. Adams and lands now or formerly of Richard E Mullen, Jr. North 17 degrees 10 minutes 00 sec- onds West a distance of 48.95 feet to a point; THENCE North 18 degrees 05 minutes 50 seconds West a dis- tance of 109.47 feet to a point; THENCE South 71 degrees 55 min- utes 40 seconds West a distance of 59.69 feet to a point; THENCE North 15 degrees 32 minutes 00 sec- onds West a distance of 171.74 feet to a point and the southerly line of Main Road (New York State Route 25); THENCE along the southerly line of Main Road (New York State Route 25) North 87 degrees 02 min- utes 00 seconds East a distance of 100.00 feet to a point; THENCE North 85 degrees 37 minutes 00 sec- onds East a distance of 98.92 feet to the point and place of BEGIN- NING. Section Il. Severability. If any sec- tion of subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitu- tional by any court o1 competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part of provi- sion so adjudged to be invalid or unconstitutional. Section Ill. This Local Law shall take effect immediately upon filing with the Secretary of State. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, NEW YORK. Dated: April 18, 2000 Elizabeth A. Neville Southold Town Clerk 1281-1TA20 STATE OF NEWYORK) )SS: COl.~ NTY OF~SUFF~QLK) ~_),~O.J~ L, ~d ~3 of Maffituck, in said count, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Maffituck, in the Town of Southold, Coun~ of Su~lk and State of NewYork, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for [ weeks successiveN, commencing on the ~ ~ day cipal Clerk 20~ Sworn to befgl'e me this day of ~"D {lL.~ mlr.~aER ~ECEIVED Gregory F. Yakaboski Southold Town Board Southold Town Hall Main Rd Southold, NY 11971 APR 1 ~,urho~a Iown Clerk Locust Lane Southold NY, 11971 April 11, 2000 Dear Mr. Yakaboski and the Southold Town Board: Yesterday, Monday April 10, Mullen Motors test drove four cars, (red, black,white,) on Founders Landing streets. One went down Locust Lane, one went up Locust Lane. One drove across L'Hommedieu, another across Korn Road. I wonder what they were trying to demonstrate since the curtailment of "test driving of vehicles on residential side streets in the vicinity of the dealership," is ONE of the outstanding, newly-proposed Covenants that is clearly unenforceable. Aisc the traffic study for Locust Lane, which has Seven/Eleven at its entrance too, has not been done. Cottage Place is not the only street that is adversely affected by Mullen Motors and worthy of consideration and a traffic study. The whole area will be impacted by any Mullen Motors expansion - - - especially Locust Lane. Further study is most obviously necessary and only fair. Yours truly, Jean Sanford ELIZABETH A. NEVILLE TOWN CLERK REGISTI~kR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 28. 2000: WHEP, r,~S, the Town Board of the Town of Southold is the lead agency for the review of the Mullen Motors change of zone petition involving 1.25 acres within the hamlet of Southold identified as Suffolk County Tax Map Number 1000-62-03-22.1 & 24.1, and WHEREAS, the petition involves a request by Mullen Motors to change the zoning on the subject 1.25 acre site including Colonial Comers (Parcel 22.1; ItB to B Business) and the adjacent vacant lot on the south (Parcel 24.1; R40 to B Business), W}t~F~AS, the Town Board conducted an initial review of the action and' determined that the proposed change of zone was classified as a Type I action under the State Environmental Quality Review Act (SEQRA), and WImREAS, the Town Board subsequently issued coordination letters identiSjmg the action as a Type I action and completed a review of the change of zone requiring certain additional information to render a DeterminatiOn of Significance, and WI-~REAS, the Town Board later reviewed the Type I list contained in SEQRA Part 617.4, and compared the proposed action with each of the items specifically listed as being Type I actions under SEQRA, and WImRr..a.S, the proposed change of zone of 1.25 acres from }lB and R-40 to B Business does not meet any of the listings to be considered a Type I action under Part 617.4, and Wm~r, EAS, the Town Board of the Town of Southold conducted a very detailed level of review of the proposed action including notification of involved agencies and parties of interest, requirement of a Full Environmental Assessment Form Part I, II and llI, involved an independent consultant to the Board, solicited input fi.om the Planning Board of the Town, and obtained input from other regional Planning agencies, and WHERF_.AS, in all practicality, the listing of the action as a Type I action provides a similar level of environmental review as an agency has the option of reviewing an Unlisted action by coordinated review with a Full Environmental Assessment Form Part I, lI and III, independent consulting input and input from local and regional planning agencies, and WHERF,~, 'the Town Board of the Town of Southold is the only agency involved in making a decision on tho proposed change of zone as it is a legislative decision of the Town Board solely. Now THEREFORE BE IT RESOLVED THAT, the Town Board of the Town of Southold finds that the designation of the proposed chooge of zone of Mullen Motors is hereby changed fi.om that of a Type I action to an Unlisted action for the purposes of classification under the State Environmental Quality Review Act, Ah'D BE IT FURTI~R RE.SOLVED THAt, the environmental review of this act/on/s not compromised in any way as a result of this change in classiflea~tion, and in fact the project has been subject to /he more rigorous level of review by virtue of its initial classification as a Type I action. Southold Town Clerk March 28. 2000 03/2712000 10:33 TO: FAX: --- COVER PAGE 7G51823 FROM: CAROLYN ZENK FAX: 7232341 TEL: 7232341 ESQ COMMENT: CONFIDENTIAL 03/27/2008 18:33 7232341 CAROLYN ZENK E.SC] PAGE 81 AT~0RHE! AT LAN 121 Ponquogue Avenue Hmupton Bays, Mew York ll9AG 516-723--23&1 9outhold Town Board Southold Town Hall 53095 Main Street Southold, New York 11971 March 27th, 2000/PLEASS DELIVER XMMEDXATELY BY FAX: 765--1889 Be: Mullah Motors application for a change of zone/Proposed covenants and restrictions Dear Supervisor Cochran and Members of the Southold Town Board, I appreciate the opportunity to comment regarding your SEO~A determination for the Mullen Motors application and the covenants and restrictions suggested by the Mullah Motors Corporation. I also appreciate your respect for the due process rights of the citizens under your charge, reflected in your decision to table a SEQRA determination until we had a chance for input. I offer the following comments for your consideration: THE F~JNDAM~MTAL pROnT-~OF ZBCR~ASZBGUGLY, S~BURBAM, A~TOJ~3BZLE- INTENSZVE USES IN DOb3~-TO~N SO~THOLD REMAINS, DESPZTE THE COVENANTS AND RESTRICTIONS PROPOSED BT THE APPLICANTS. While the proposed covenants and restrictions may mitigate against the harm to the residential character of Southold's historic down-town, the fundamental question as to the advisability of conver~ing a char=Lng down-town h~mlet center to more intensive, suburban, and ugly automotive uses =emalns. As you know, the applicants have no right to a change of zone. The fundamental question you must ask yourselves as officials is whether changing the zone and allowing both Colonial Corners and a residential lot on Locust Lane to change to automotiv~ uses is in the public interest? We continue to submit that it is not for the reasons already outlined in our previous submissions. TH~ F~NDAMEHTAL Q~ESTXOM OF MKETXMG THE PABKXMG NEEDS OF T~K APPLXCAHT BY EXPLORING OFF-SXTE PARKXNGSOLUTXONS HAS MOT BEKNADDRESSKD BY THE BOARD, DESPITE THE FACT THXS MOULD CREATE A "WXN--WXN# SOLUTION. A second fundamental question, which has not been addressed by the board, is ~he question of whether the parking needs o~ ~he appXAcane can bo met b~ of£--slte solutions? This iG one of the reasons that we have advised ~hat an environmental impec~ statement or even a proper environmental assessment form which explore this ~uestion be prepared. 03/27/20B0 16:33 7232341 C,O,~OLYN .&.~.NK ~bL~ ~ UZ page 2 In devising solutions to contreversial matters, it's usually preferable to satisfy all parties if possible; I refer to this as "win-win" solution. In this instance; since the applicants have continually represented that the ~eason for their change of sene request is to satlsfT parking problems, then doesn't it make sense for the Town Board to directl~ addros0 the parking problem? For example, does the applicant own other properties in Southold upon which he could store his cars and equipment in more favorable locations7 It would ~eem that a car dealership does not have to display all of inwntory at one time. Perhaps the applicant could purchase another site which i~ less visible and which would not impair the down-town qualities of Southold. C~rtainly, this would be less expensive than purchasinq the whole of Colonial Corners. From a purely political perspective, it would seem advantageous for the Town Board to come to a Solomon-like solution in which the concerns expressed by all parties are met, including Mullen Motors concerns for parking limitations, the concerns of residents on Locust Lane to keep the rural/historic qualities of their neighborhood, the concern~ o£ business owners who believe that the board should help Mullen Motors to solve its problems, and the concerns of citizens and business owners who believe that maintaining the historic and aesthetic qualities of down-town Southold is not only good for their quality of life, but ~or business because Southold depends upon a resort-based economy. Accommodating the parking needs o~ the applicant would solve the applicant's s~atod problem while satief~ing all o~ these constituencies. To date, there has been a lack of creative solutions to the parking problem-solutions which are in everybody's interest. THE ACTION COuTI~JE8 TO ~E~UIP~ A~ ENVIRONMENTAL ZMPACT STATEMENT OR OUT AND OUT DENIAL WHETHER OR ~OT X~ IS CATEGORIZED AS TYPE I OR UNLISTED UNDER THE STATE ENVTROMMEIF£AL 0UALZT~ REVIEW ACT BECAUSE IT "MAY NAVE A ST~N~F~%MT TMPACT ON THE KMVTRONMENT# AS ALREADY ESTABLISHED BT THE RECORD. The primary function of the State Environmental Quality Review Act is to ensure that environmental i~pact statements are prepared for actions that "may have a significant impact on the environment." 6 N.Y.C.R.R. 617.3 a). It boars emphasis thnt the crl~erle detezmining whether or no~ an action m~y have a s~gnl£icant impact on the env~ro--~nt ere the oxa¢~ smne for Type ! and Unlisted ac~£one. The only difference between these two categories is that Type actions "are more likely to require the preparation of an EIS". See 6 N.Y.C.R.R. 617.4 a). In other words, Type I actions carry with them a presumption lm favor of an EIS. The criteria to determine whether or not an EIS must be prepared are listed at 6 N.Y.C.R.R. 617.7 c): To determine whether & ~ro~osed T~pe I OF ~nlieted action may have e slg~f~&at adverse ~mpact on the environment, the impact~ that may be reasonably expected to result from the proposed action must be compared against the criteria in this subdivision. The following list is illustrative, not exhaustive. These 03/27/2000 i0:33 7232341 CAROLYN ZENK ESQ NAG~ ~3 criteria are considered indicators of significant adverse impacts on the environment= i) a substantial adverse change in ...traffic or noise ~i'the impaLrment of the character or quality Of historical,...aL~hitectural,...or aesthetic resources or o~ existing c~unity or neighhorhoo~ character; ~[~) the creation o~ a hazard to h~ health; [traf[ic from huge trailers]~ ~ the creation o~ a material demand ~or other actions =hat would rasult in one of ~he ~ove con~equenc~s~ [s~urb~ ~prawl] Empha~i~ added. Our previous s~mis~ion~, e~pecially ~he photo~a~hic evidence ~tted, est~lishe~ ~ha~ s~s~ally increasing th~ c~ dealership would have serious r~m~fication~ ~or ~he aesthetic historic qualities of do~-~own Southold ~ong o~her ~pao~s, especially noise and traffic. Thus, if this project i~ not rejected outright, ~ EIS is r~red. The a991ic~t~ thyselves concede by submitting covenants and restriction~ to mitigate ~he ha~ from the project ~hat it will have enviro~ental impact~. GEES ~D~SSED. THE ~S ~ ~S~2CTIONS ~ BE ~GKD AT ~Y ~o~her fund~e~al ~roble~ re~ains. ~ll~ the a~plican~s 8uggo~ by ~heir 9reposed coverts ~d restrictions that they can rosario= use of ~heir ~rope~y to au=omo~ile uses, ~his may no~ be possible a ~e~a~ ~a~er. ~ou=hol~ Co,se1 should be ~reuted ~o Uete~ine whether "contract zo~n~~ can wl~hs~anU scru=in~. On in~o~a=ion belie~, it ~a~ no~ be ~ssible ~o res~r~ zoning i~ thc harmer suggested- It would be e~arrassing ~or Southold of Eicials to represent to constituents that ~uch restrictions will hold, only to find they do no=; ~his could especially be used to adv~tage by opponents at election time. It also bear~ ~phasi8 that as~lng these restrictions are valid, ~hey would not be enforceable by area re~id~n~s and would be s~ject to change on the whim of furze town boards. Since theF are in e~ect SEQ~ covenants they should ~ made ~r~v~able. In addition, local c~tizens or the general p~l~c should ~ n~ed as ~h~rd ~ne~lc~ar~es. The doctrine of ln~ended beneficiaries maintains only those n~ed on the ~ece of coven~ts or restrictions =o bo benefitted by th~ have standing to enforce them. ~ would suggest the citizens of Sou=hold be included as third pa~y beneficiaries, pa~i=ular heights along Locust L~e and Cottage Place. page 4 REVZBW OF THE COVBILM~S AND RESTR/¢T20iS Me continue to' oppose the change o~ zone dospLte t~o proposed ~venanta and resZrl~lons In no ua~ ~axcaces our sup~ --- pro~ect. Cond£tion #3 which requires a 25 foot wide landscaped buffer and three foot berm to be landscaped with evergreens, trees, and shrubs should specify the age of the trees, so that a lush rather than sparse buffer is provided. We suggest that mature trees be utilized. Calls to local nurseries indicate that 20 year old trees, reaching to heights of 25 to 30 feet, with widths of one and one half foot, ca/% be suocessfully transplanted. Condition #4 which requires two landscaped islands is vag?e. There is no reference to the site plan made in the covenant. The size, location, and nature of the vegetation to be pla~ted on the islands should be specified. Mature vegetation should be utilized. Condition #7 is interesting in that it allows Colonial corners to be used for automotive purposes. The Board should be aware that both the zoning mud the covenants would still allow e full conversion of Colonial Corners to automobile uses. This would detract considerably from the neighborhood. Is this desirable? It would seem advisable for the board to not allow the change of zone at Colonial Corners to general business at all. Condition #9 suggests a landscaped buffer of 15 feet along Locust Lane and does not specify the age o£ the vegetation to be used. 15 £ue~ is quits sparse. We would suggest that a 25 foot buffer be utilized. Given the age of the trees that were formerly removed, which on information and belief were as old ae 100 years, I believe that, consistent with Voorhis's recommendations, a mature band of trees should be placed along Locust Lane as indicated in our comments for condition #3. Condition #10 is also vague. It requires -additional landscaping" for the parking area on lot 19. The buffer area and age of vegetation should be specified. Condition ~13 is useless. It states that, ,,Mullen Motors shall advise its employees and customers that there shall be no test-driving of vehicles on residential side streets in the vicinity of the p~?~r~y." Advise is one thing; a strict prohibition is another. The cona~=~o should simply prohibit test-driving in specified areas including LOcust Lane and Cottage Place. 03/27/2000 18.'33 7232341 CAROLYN ZEN;< ESQ PAGE 04 page s We recommend the following conditions in addition to strengthening those stated= Bright halogen lights should be replaced with lights that do not glare onuo aajoining properties and which project light downward rather than onto adjacent properties in order to =void a nuisance. Light shall be no greater in height than 12 feet, in accordance with height restrictions, and shall be properly capped and shielaed. Vehicle maintenance and repair should be kept away from residential neighborhoods (e.g. residentially zoned property) due to the nuisance- like qualities of car maintenance a~d repair, and restricted to the existing Mullen Motors property along Main Street. My clients inform me that large maple trees on lot 22.1 exist which should be preserved. Ingress and egress onto Locust Lane should be prohibited from both parcel 22.1 and 24.1. The present restriction does not include both parcels. Outdoor bullhorns or P.A. systems shall be prohibited. It is both inappropriate and illegal tO address traffic concerns such as how car carriers wall be handled after a SEQKA determination is made as the applicant suggests, and/or after covenants and restrictions are crafted. Traffic concerns are an integral concern of your SEQRA determination. You may also wish to turn the project down on these grounds. The blue-stone gravel currently on Long 24.1 and 22.1 should be maintained rather than being replaced with more suburban asphalt. In conclusion, first and ~o~st, alternative solutions to the parking problem should ~e explored, including o~f-streoc perking solutions. Secondly, the enforceability of "contract zoning" should be researched by counsel. We continue to advise against thi~ change of zone. Thank you for your consideration. I hope that Mullen Motors parking problems can be solved in a manner which does not detract from the Southold's rural and historic character. ttorno Elizabeth Neville~ Town Clerk 83/14/2080 08:58 7232341 CAROLYN ZENK ESQ 121 Pon~uogue Avenue Hampton Bays, uew ~ork Ilg&G S16-723-23&1 Supervisor Jean Cochran ~outhold Town Board March 14th, 2000 Re: Mullen Motors/S~Q~ BeteZlination Dear Supervisor cochran and Members of the Town Board, Please read the following letter aloud during your work session. I understand that you plan to make a determination under the state Environmental Quality Review Act today and possibly a decision on this application- The nature of the evidence to date reveals that a positive declaration must be made under SEQRA for the simple reason that the record clearly establishes that the project "mar have a sign~ficant impact on the envlro~ment"- As you know, the threehold, for.re~uir~ng.a~__ _ ._ environmental impact statement is quite iow in ~ ¥o~K 3tS~9..s-n applicant does not have to estab%i~h that an application w111 nave an environmental impact, only that it may have such an impact. The record demonstrates that the project may have & visual impact on the historic, rural quality of Southold as well as the quality of life for residents, and traffic impacts among others. A positive declaration would enable the Town Board to tackle the problem the applicant has presented which is s parking ~roblem. The EIS can lay out Yarious options ~o handle this problem ~ncluding handling parking off-site on other properties of the applicant's or the Town's. A decision other than a positive declaration presents a serious due process problem today because critical records were not available to my clients, namely a list of covenants and restrictions dated from December 7th and February 29th which, on infoz~ation and belief, were held in a separate file. Those covenants and restrictions will bear directly on the board's decision, yet my clients have had no opportunity to comment on them. I submit that you cannot issue a negative declaration today without providing equal p~mtection and due of l.. c l.nt, b, ,l.ing th. an oppO ,,-ity ? on same. The covenants and res~ric~ions only becmme ~va~lable late in the day yesterday, one day before your decision. Thank you [or your consideration in this regard. RECEIVED Soulhold Town Locust Lane Southold, NY, 11971 December 19, 1999 Nelson, Pope & Voorhis Wait Whiltman Rd. Melville, NY 11747 Att: Mr. Charles Voorhis Fax:516-427-5620 Re: SEQRA Richard F. Mullen 111 and William Mullen Zone Change Application SCTM No. 1000-62-03-22. 1 & 24.1 Dear Mr. Voorhis, In conjunction with your environmental evaluation of the proposed Mulien Motors downzone application, we are again sending you letters, newspaper articles, affirmations ol attorneys Carolyn Zenk and Arthur Di Pietro and a video ol the Mullen Motors Hearing to be incorporated into your decision. In addition to the traffic, noise, lights, invasion of privacy and devaluation of our homes, about which we've already documented for you, there are other environmental issues at stake. MullenMotorssitsonthetopolamacadamedsl°pe of land. Automotive runoff from this operation drains directly into neighbors' yards and the nearby creek. This area has been designated by the Peconic Estuary Study as a Habitat "Hot Spot" where fish and wildlife nest, breed and feed. Macadam and automotive run off are environmental pollutants and toxic to marshlands and creeks. At Silver Lake the DEC would not sanction the paving of a road because of its close proximity and toxic impact on the nearby lake (please see enclosed article). Any waste management professional will tell you the dangers of macadam as an unregulated, toxic substance. There is also the question of old, deteriorating oil drums that may be buried on the property and contamination also from previous years of careless automotive disposals. The area aquifer at one time carried soapsuds from a Laundromat in the Mullen Motors building on the north side of Rte. 25 to wells as far south as Korn Road. The top of a hill less than one block away from a salt water marsh and creek is, for very obvious and good reasons, not the correct location for an ever-expanding Car Dealership/Service Repair Facility. The Mulien Motors operation has been an ever-increasing blight to the hamlet area, to the scenic vista of our Main Road, and to every property in its' path. It would not be truthful to state otherwise. Mullen Motors thinks their problems are everbody's problems. Other businesses have outgrown their locations but they take care of their own problems without bothering other property owners. They don't knock down houses, intrude on the lives around them or destroy the familiar, well-loved landmarks of an established eighteenth-century area. Mullen Motors has situated itself in a most inappropriate location for an ever- expanding Car Dealership and no amount of creativity can possibly surmount, control, mitigate or hide the offensiveness of this operation. As said by CarolynZenk, todo this would be like "DRESSING A MULE IN A SILK SKIRT." As it now stands, the Locust Lane area has been compromised enough by 7-Eleven and Mullen Motors. Any more compromise now must come from Mullen Motors and another area. Our section of town can not absorb any more Mullen Motors Car Dealership/Repair Service Facility nor should we be made to do so. Over the years, Mullen Motors has shown a total disregard and disrespect for its' neighbors. I don't see things improving by allowing this automotive facility to spread across another block, disfiguring the area with a mega Car Dealership,only to inform usa few years down the line that they need"alittle more parking". They have access onto Hobart Road and can pull their stuff through there if need be. As it is, they have more than their fair share of Main Road frontage. As for the Covenants- - If Mullen Motors can remove town sidewalks, grass, trees, and houses then we're certain Mullen Motors can remove Covenants, which by the way,(in case no one noticed) only restrict Mullen Motors to exactly what they are asking for and more. These Covenants are BOGUS-FAKE Limited outdoor intercom Use? What a thoughtful addition to our area. Limit hours of operation? How uncontrollable! Tow trucks bringing wrecks in the middle of the night. Traffic-delayed car carriers arriving after hours! No Access onto Locust Lane? We know from a reliable source that access onto Locust Lane was their original intent and purpose. Colonial Corners must be developed right away in conjunction with the whole megalomania. It must be used solely for automotive use. How convenient. It couldn't be better if Mullen Motors had written it themselves. "Sorry to have to put everyone out of business here and tear down Colonial Corners, but the Covenants say we have to have only automotive use here. I can't help it". There are other businesses in this town and they have to go where business is zoned. They cannot just intrude into a neighborhood and upon home owners, devalue their properties and request the town to downzone residential properties for business - - - use-intensive business at that. In the interest of good town planning, environmental protection and the safety and welfare of other property owners, we look to you to give a POSITIVE DECLARATION - A VERY VALID POSITIVE DECLARATION. Thank you for your thoughtful attention to this most serious decision. Yours truly, A. Sanford cc: Carolyn A. Zenk, Esq. Arthur DiPietro, Esq. oT ~1o~e- Run-off & Erosion from Mullen Motors onto Hobart Road & Town Creek Peconic Estuary Program Critical Habitats : of :her which s in this ~ has' the Peconic Estuary Programseptt. mberDraft CCMP1999 Figure 4-1. PEP Critical Natural Resource Areas (CNRAS). ."OUR 4-5 ~ Dumping remedy: paving? More cars is exactly what the board would like to see on Monsell Path near Silver Lake. The dirt road attracts illegal dumping, ',~hich the board has struggled to contain. Vide,.._._~o cameras posted on the path haven't ~, ~'rb Mr. M~IIs asked-highw-Ffi~-- Village .Hall ~,,,,,-Frorn page 21 department head Bobby Peterson about possibly paving the roadway. "You get more traffic on there and you'll eliminate all the dumping," said Trastee Mills. Former trustee John Costello once pushed for the same i~roject, Mr. Peterson said, and was told by the state. Department of Environmental Cons'ervation that asphalt in the low-~- I.J~ng area may ir~troduce oil into rite marsh aro~md_Silver Lak~ 7hit, h wate~r. Mayor Kapell ~ thai something other than asphalt might work. "Even if the DEC rejects the idea of blacktop, maybe you could discuss alternatives," he said. "~Maybe blue- stone or beachstone." - B Tug o' war over No. 3 field Count), government was the targei of village goverument ire at last ]hursd%'s meeting, when Trustee .Notes... Mills referenced a letter from tire county health department to towh water and sewer utility head 'Ibm Cybulski. Seems the count) wants the village to shut down its No. 3 pumping station on Moore's Lane, a request the Suffolk CountyWater Authority made in February. The water authority which is not a county.government agency has well fields on property'it recently pur- 6hased adjaccni to the No, 3 pumping station and apparently doesu't want to share the water there with Greenport. The village isn't using the well but still likes knowing it can pump the water should it need to "This to me was a big red flag, that the health department and the water authority are talking," said Mr. Mills of the health department's letter "Now auother branch of county gov- ernment is coming back. at us and telling us that if we aren't using the well, discontinue nsmg i~" RE: IV-4 Back-up information regarding Mullen Motors EsseKs, HEFTER & ANgel COUNSELORS AT LAW iO8 EASt MAIN STREET P. O. Box 279 RIVE~HeAD, N.Y. 11901-0~79 (516) 3691700 February29,2000 P. O. Box 570 WATER MILL, N,Y. 11976 (516) 726-6633 Gregory Yakaboski, Esq., Town A~orney, Town ofSouthold 53095 Main Road Southold, NYl1971 Re: Application of Richard F. Mnllen, 111 and William H. Mullen for change of zone Dear Mr. Yakaboski: I enclose a draft of covenants and restrictions which I intend to submit to the Town, once executed, so as to be considered, along with the above-captioned application for change of zone. As you know, I offered the covenants and restrictions contained in the enclosed document at the hearing before the Town Board on November 9, 1999 and in a confirmatory letter dated December 7, 1999. If you have any comments concerning the proposed covenants and restrictions, please communicate them to me as soon as possible. I have ordered a title certification, and I will soon circulate the document for execution by all interested parties. SPA:mb Eric. CC : Richard Mullen R. ANGF~' DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the day of March, 2000, by Albert W. Albertson, Jr., residing at No# Horton's Lane, Southold, NY 11971, Donald B. Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Alice Albertson, residing at No# Horton's Lane, Southold, NY 11971, Gertrude Katz, residing at No# Ferry Road, Sag Harbor, NY 11963, Mullen Realty, L.P., a New York Limited Partnership with a place of business at P. O. Box 1408, Main Road, Southold, NY 11971, Richard F. Mullen, Jr., residing at No# Mill Creek Drive, Southold, NY 11971, and Mullen Motors, Inc., a New York corporation with a place of business at Route 25, Main Road, Southold, NY 11971, hereinafter referred to collectively as the "Declarants,' who are the owners -- and in the case of Mullen Motors, Inc., the tenant and prospective tenant -- of the following four parcels of real property located at Southold, Town of Southold, County of Suffolk and State of New York, which parcels are collectively referred to as the "Prerrfises:" 1. Parcel owned by Albert W. Albertson, Jr. and Donald B. Katz designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 022.001 (referred to herein as "Lot 22.1") and described on Schedule A annexed hereto. 2. Parcel owned by Alice Albertson and Gertrude Katz designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 024.001 (referred to herein as "Lot 24.1") and described on Schedule B annexed hereto. 3. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C annexed hereto. 4. Parcel owned by Richard F. Mullen, Jr. designated on the Suffolk Cotmty Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (referred to herein as "Lot 19"), and described on Schedule D annexed hereto. WITNESSETH: WHEREAS, Richard F. Mullen, III and William H. Mullen made application to the Town Board of the Town of Southold for a change of zone from Hamlet Business (HB) District and Low Density Residential (R-40) District to General Business (B) District for Lot 22. I and Lot 24.1, which parcels are located on the south side of New York State Route 25 and the west side of Locust Avenue, Southold, New York; and WHEREAS, Richard F. Mullen, III and William H. Mullen are under contract to purchase Lot 22.1 and Lot 24.1 from Declarants Albert W. Albertson, Jr., Alice Albertson, and Gertrude Katz; and WHEREAS, Mullen Realty, L.P. and Richard F. Mullen, Jr. own Lot 20 and Lot 19, respectively, which parcels are located to the west of Lots 22.1 and 24.1; and WHEREAS, an existing car dealership is operated trader the name of"Mullen Motors" on Lot 20 and Lot 19; and WHEREAS, Mullen Realty, L.P. and Richard F. Mullen, Jr. are interested in the application for change of zone referred to above; and WHEREAS, during the course of the proceedings before the Town Board of the Town of Southold, applicants for the change of zone amended their application to include -2- certain covenants and restrictions limiting the use of the Premises; and WHEREAS, Declarants consented to the covenants and restrictions proposed by applicants in connection with said application for change of zone; and WHEREAS, Declarants deem it to be in the best interest of Declarants, Declarants successors and assigns and the Town of Southold to impose certain covenants and restrictions upon the use of the Premises, and desire to hereby impose those covenants and restrictions. NOW, THEREFORE, in consideration of the foregoing, Declarants hereby declare that the Premises, referred t herein as Lots 22.1, 24.1, 20 and 19, and which are described on Schedules A, B, C and D annexed hereto, are now held and shall be conveyed subject to the following covenants and restrictions: 1. The use of Lot 24.1 shall be limited to vehicular parking, storage and display purposes only, and shall be associated with the adjoining automobile dealership currently located to the west. 2. There shall be no vehicular access to Locust Avenue from the parking facility constructed on Lot 24.1. 3. A 25-foot wide landscaped buffer shall be installed and maintained along the easterly, southerly and southwesterly sides of the parking area on Lot 24.1; within said buffer there shall be a berm approximately three feet in height, and the entire buffer area shall be landscaped with evergreens, trees and shrubs. 4. The parking area on Lot 24.1 shall have two landscaped "islands." -3- 5. Access to the parking area on Lot 24.1 shall be from the existing parking area on Lot 19, which existing parking area has access on Cottage Place, a public street. 6. The landscaped buffer and berms shall be designed to screen the view of the parking area on Lot 24.1 from Locust Avenue and from nearby residences. 7. Notwithstanding all of the uses permitted, as of right and by special permit in the General Business (B) District, the use of Lot 22.1 shall be limited to automobile dealership and related purposes, in the event its use is changed from the uses which currently exist. 8. When and if the uses or buildings on Lot 22.1 are changed, any new uses or buildings shall be developed jointly with Lots 20 and 19, which lots are located to the west of Lot 22.1. 9. When and if the use of Lot 22.1 is changed in whole or in part, and the existing building at the northeast comer of Lot 22.1 is removed or altered, a landscaped buffer of at least 15 feet in width shall be installed along the Locust Avenue frontage of Lot 22.1, which buffer shall rrm in a northerly direction from the northerly point of the landscaped berm on Lot 24.1 to a point as near to New York State Route 25 as possible without blocking lines of site for vehicles. 10. Additional landscaping shall be provided for the existing parking area located on Lot 19, including landscaping along the entrance to Lot 19 from Cottage Place. 11. Before the Town of Southold's Building Department issues a certificate of occupancy or compliance for the parking area on Lot 24.1, the installation of all -4- landscaping, lighting and drainage systems for the parking area on Lot 19 and the parking area on Lot 24.1, as required by the Town Board of the Town of Southold and/or the Planning Board of the Town of Southold, shall be completed. 12. On the Cottage Place side of Lots 20 and 19, there shall be no outdoor repair work, vehicle activities shall be restricted to access to and from the site, with no parking or storage of Mullen Motors' vehicles on Cottage Place. 13. Mullen Motors shall advise its employees and customers that there shall be no test-driving of vehicles on residential side streets in the vicinity of the property which is the subject of this Declaration of Covenants and Restrictions. 14. A plan shall be presented to the Planning Board of the Town of Southold, within a reasonable time after the recording of these covenants and restrictions, to minimize the impact on Cottage Place from delivery trucks servicing Mullen Motors. 15. Vehicle deliveries by vehicle transporters to the Premises shall be limited to weekdays during the hours between 8:00 a.m. and 6:30 p.m. 16. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation of any relevant provisions of local, state, and federal laws, ordinances, or regulations in effect at the time of the execution of this Declaration, or at the time such laws, ordinances, or regulations may thereafter be promulgated, amended, or revised. 17. These covenants and restrictions shall nm with the land and shall be binding upon Declarants, Declarants' successors and assigns, and upon all persons or entities claiming under them, and can be terminated, revoked, or amended only with the whtten consent of the Town Board of the Town of Southold. IN WITNESS WHEREOF, Declarants have caused this instrument to be duly executed on the date and year first written above. Albert W. Albertson, Jr. Donald B. Katz Alice Albertson Gertrude Katz Mullen Realty, L.P. By: Richard F. Mullen, Jr. Mullen Motors, Inc. By: -6- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of March, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Albert W. Albertson, Jr., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within insmunent and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instnunent. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of March, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald B. Katz, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public -7- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of March, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Alice Albertson, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within inst~ment and acknowledged to me that she executed the same in her capacity, and that by her signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instn~nent. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of March, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Gertrude Katz, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within insmanent and acknowledged to me that she executed the same in her capacity, and that by her signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public -8- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of March, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared , of Mullen Realty, L.P., known to me or proved to me on the basis of satisfactory evidence to be tbe individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of March, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard F. Mullen, Jr., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instnunent, the individual, or the person upon behalf of which the individual acted, executed this instrumem. Notary Public -9- STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of March, 2000, before me, the undersigned, a Notapj Public in and for said State, personally appeared , of Mullen Motors, Inc., known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on said instrument, the individual, or the person upon behalf of which the individual acted, executed this instmment. Notary Public -I0- ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Village and Town of Southold, County of Suffolk, State of New York, and being more particularly bounded and described as follows: BEGINNING at a monument set hq the southerly side of Main Road distant 100 feet easterly from the comer formed by the intersection of the southerly side of Main Road with the westerly side of Cottage Place; nmning thence along the southerly side of Main Road the following two courses and distances: (1) North 87 degrees 02 minutes 00 seconds East, a distance of 100 feet to a monument; and (2) North 85 degrees 37 minutes 00 seconds East, a distance of 98.92 feet to a monument located at the point of intersection of the southerly line of Main Road with the westerly line of Locust Avenue; running thence along the said westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet to land now or formerly of Alice Albertson and Gertrude Katz; running thence along said land of Alice Albertson and Gemmde Katz and land now or formerly of Mullen, the following two courses and distances: (1) South 75 degrees 42 minutes West 111.69 feet, and (2) South 71 degrees 55 minutes 40 seconds West, a distance of 98.50 feet to a point and the easterly side of land now or formerly of Mullen; nmning thence along last mentioned land, North 15 degrees 32 minutes 00 seconds West, a distance of 171.74 feet to a monument set in the southerly side of Main Road, at the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfred S. Pfeil by the following deeds: 1. Deed dated 6/5/73 recorded 6/6/73 hq Liber 7412 cp. 557 made by Ralph L. Glover and Una Belle Glover, his wife; and 2. Deed dated 7/18/75 recorded 8/11/75 in Liber 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Marie Cassidy, as devisees of the Estate of Bridget Furey and Catherine A. DeRosiers. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, lmown and designated on a diagram of Lots belonging to Jane A. Cochran, dated October 1867 and duly flied in the Office of the Clerk of the County of Suffolk as and by Lots 26, 27 and 28, said lots when taken together are more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Locust Avenue distant 129.79 feet southerly from the intersection of the southerly side of Main Road with the westerly side of Locust Avenue; running thence along the westerly side of Locust Avenue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands of Szczesny; thence along said lands and also along lands ofW. Corbett South 73 degrees 21 minutes 50 seconds West 162.91 feet to lands of B. Adams; thence along said lands North 17 degrees 10 minutes West 48.80 feet to the southeast comer of lands of Mullen; thence along said lands North 18 degrees 05 minutes 50 seconds West 109.47 feet to lands of Albert W. Albertson, Jr. and Donald B. Katz; thence along said lands of Albert W. Albertson, Jr. and Donald B. Katz the following two (2) courses and distances: i. North 71 degrees 55 minutes 40 seconds East 38.81 feet and 2. North 75 degrees 42 minutes East 111.69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING. BEING AND 1NTENDED TO BE a description of the premises conveyed by Judith Zavesky, James Michael Lucey, Kathleen Marie Lucey and Patricia Lucey to Alice Albertson and Gertrude Katz by deed dated May 19, 1982 recorded July 7, 1982 in Liber 9207 cp. 596. SCHEDULE B ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Village and Town of Southold, County of Suffolk, State of New York, and being more particularly bounded and described as follows: BEGINNING at a point located at the intersection of the southerly line of Main Road with the easterly line of Cottage Place; running thence along said southerly line of Main Road North 87 degrees 02 minutes 00 seconds East, a distance of 100.00 feet to a monument and land now or formerly of Katz and Albertson; thence along said land South 15 degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richard Mullen, Jr.; thence along said land South 71 degrees 55 minutes 40 seconds west, a distance of 100.00 feet to the easterly line of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minutes 00 seconds west, a distance of 198.00 feet to the intersection of said easterly line of Cottage Place with the southerly line of Main Road and the point or place of BEGINNING. SCHEDULE C SCHEDULE C ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Cochran, as surveyed by J. Wickham Case, October 1867, filed in the Suffolk County Clerk's Office on October 6, 1870, as Map No. 399, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said northerly line of Lot 33 is shown on a certain survey by Otto W. Van Tuyl and Son, Licensed Land Smweyors, Greenport, N. Y., dated October 17, 1963; RUNNING THENCE North 71 degrees 55 nfinutes 40 seconds East a distance of 159.69 feet to lands of Alice Albertson and Ge~-ude Katz; RUNNING THENCE South 18 degrees 05 minutes 50 seconds East along said last mentioned lands a distance of 109.47 feet; RUNNING THENCE South 73 degrees 40 minutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE North 14 degrees 48 minutes 00 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Richard F. Mullen, Jr. by deed dated 10/3/86 recorded 10/23/86 in Liber 10152 cp. 60 made by Daniel C. Finne and Dopla M. Finne, his wife. (Handed in at The Traveler) I Keep Dreaming of Ugly Editor: This is a sequel to "I Pass Through Ugly" published by you last December 23rd. I keep dreaming of Ugly, the way it could be. With two or three houses just west of the Place, The link fence replaced by tree after tree, The Ugly black stuff has grass in its place. The houselike shops mimic the Comers just east. The add-on building has the add-ons off; The glass bubble window, too gaudy, is gone. It has windows, brick walls and a whole new face A curb marks its edge with Main Road and the Place. ~ECEIVED FEB 4 2O8O :,ouTfield Town Clel~. Where the add-ons came off, the tarmac did too The two houses are back that once faced on the Place. Colonial Comers has walkways to shops at their rear There's a double-width driveway for cars that come here. The black stuff is gone, and it's Ugly no more. To prove it you'll notice that on down the Place A wrap-around hedge that was two-stories high Has been cut quite Iow for the owner's pleased eye. He sees houselike shops, and no car after car. Just cottages fronted with neat little lawns. Cottage Place has been given its cottages back; No more cars on Ugly, on Ugly tarmac. Now the Place, as named, really is Cottage Place, Redeemed and renewed with its old-new face. Will I keep dreaming of Ugly the way it could be? Will the cottages come back for both you and me? Dreams can come true. We'll see. We'll see. Helen Prince Southold 2/2/2000 C.C.: Town Clerk, Town Board Mullen Motors Hearing File Planning Board Office of the To.wn. Atlomcy· To~ Bo~ of~c To~ of Sou~old · To~ H~ S3.093 Mm P.O. Box '1179 S0u~ol~ New Y~ 11971 .. January 13, 2000 Mullen Motors · _C!~ ~%3e.ofZ~. n'c'Pcti!ion 'SUpplcm _~nt~,l .Enviro"mcntal R,cvicw $CTM .Nq. 1000~2-03-22.1 & 24.1 N&P lob Bio. 9?208 . . Dear Gregg: .... . application. Thc ~oLlowing services have been p .cffonncch · · Reviewed and r~-m'vicwed .t~c' proposcd pzoj~t~ 'applicant EAF pazt BI and avsilablc agcncy inptu. · l~e~iewed public convncnts and inform~n- submitted .to the Town Board and'Ibc hcafing transc, lt~ts (~tober 13, and November. 9, 1999. · Consider~l.the adequacy of mi~aiion p~opo~I ~ ~c app~..~t'inherent in th~'applicatio~. · Cousidc~ rte..proposal cha~= .of.zoue ~s compared wi~ SEQR.'l~an 617.7 Crit~'ia for ,. Considered the ~ in the ~ntext of the'Town.Comprehensive Plan. · ~ subjec~.applic=ion has ~vblvcd throu~ tlic i~'~ p~.v...Our office has had a ~,,m~r of o May24,1999rCVicwofP~rtm'EAF. . "' . .. .'.. · ,July.g, 1997 initial icview ofEAl~.Part I anti application. difficult ~ .t~se si_~_~6on: involvin~.a cunm~ expo de~crihip located on Main ~ in the ~ Bus~. d~.suict; widi v~,~ c~ti~..loca~ 5ouih, so,,thWes~ ~,d ~outheas~ of the facility. 'The 'c0dsting facili!y coniin2es to b~ the tarot o£ concern due to noise, odors, Bugness) .and"the .adjacent'vacant lo't on the squth.(l'arcel ~..l; R.-40 t0 B B,,,i,,~,), ~,~, .' · Mullen Motors Ch~ge o! Zone, SourhoM Enyirunmcntal Rtyiew .that thc changc of zono will cause fUflhcr '~cr°.achmcnt of thc auto clcalorsh~p intO'thc residential. COmmllnlt~ ~g the d~gl~.~ of land use conflict This has been pointed out .to the Board in · our prior correspondcncc es Wc~I ~ in d0cum .~..ts and tcslimony submitted to the Town Board. The' fact remains that Mullan Motors is an e0dsting facility occupying B Business zoncd land on the Main Road corridor within the H~mle~ of $0uthol~L Thc facility.has opcra~ on thc site for 73 years and ha~ a right ~o .operate and c~nducJ b~*iness consisteut with ~propriate regulations. It is h0wcvcr noted ~ thc constraints of thc.properlY lmvc cs~cd impacts as cxprcsscd by' thc c0mmuui~y ou Cotia§e Pl~. aud in the area. This can be de, alt with through enforcement by the Tow~, op~ratinnal controls, and cool~erafion o£Mullcn Motors. The applicant has s~ated that the additional'36 car pnrl~n~ arca on thc vacant portion .of the cha~c of zone lot. will improve thc OPerational c0ns~ralnts of the site, Thc current pa~,~g deficit resul~ in overflow paEking to less desirable locations which have a tendency.to Create congestion.. Based on our review, concept of providing con~rolled parking i~al' to tho facility 'appears to have merit and if properly constructed and opcmtcd, is cxpccted to case' some.of.the impact on Cottage place which is currently cxpcfienc~ TMs is supported by tho applicant's BAFPart HI which iucludes a u-afl~c engineering cxamina~onand proposcd mitigation. Our May 25, 1999 ~ew identified sc~cral issues that wc~ not sufficicntiy ~4~_,~sscd. including: loss of parkin~ ~for Colonial Comers, ins~liagon and operation of ligh~g andinsmllafion of landscape U'~ on Loc~ Avenue. In a~tion, c0vcnants and resUi~ons w.erc rc~.ommcndcd 'for consideration by thc Town Board and thc applicant: Somc follow-up information has bccn · Thc'applican~ Ires indicated'that Col0n~sl Comers does no[ use parccl :~A. 1 ~or overflow park~. · Issues c~¢anins specific desiSn o£~he ~ aud me h~/~iper of su~-t u~es. sna Thc applicant has however, provided si~ificant ~40i~ional .de~il COncemin~ thc proposed application and vurious rc~'~ictions and iah~rant'mitig~ion measures, which describe ~c project as fOllows: · (e) Applicants sock a chenge of zone.for nvo 'parce.h shown on ~c. Suffolk. Count' Tax .Map as numbers.1000~2-03-22.1 (~mfce122:1') ~n,t 24.1 ("parcel 24,1'). Thc total are~ ofp~rc~Ls 22,1 and 24.1 is 1.24g4 ac~. Applicants l.~,id~se a chs,,2e of zone for parcel 22.1 from Hamlet Business (l~)-~o General Bu,~mss (B), and f~r parcel'24.1 from Low Dcnsity Rc,sidcntial (R-40) to G-cncml Business (B). Thc propcny imm~i,t¢!y t.o thc. wc~ o~ ~ 22.1 and 24;1 is the c~is~in~ Mull~n Motors car d~r~hip wilh ~ park~ area m ~.sou~. Applicanls are principals in Mullen Motors. ~d the appli .calion i~ necc~its~l by a n~ed to increase off-sl~et p .arl~ing to m¢~t cxisti,~g demand. Applicants propose to cstablish, a new parking arca for 36 parking spaces on pal~cl 24.1. a~plical~ haw ,no plsn, tb all~cr ~ .usc, ~ or si~ im~ov~inell~s on parcel 22.1: Parcel 22.1 is currently !?ov .ed v~i~h five r~tsil/office b .uilding~ crm~rnmlJy mfen-ed (bI Applicants' have agreed to'._,v~L,~tain'.a 2f-foot buffer gong tho castcrly: southcrly.and · hge2 ors MMle,'' ~oto~ C~nqe e~ 2~ne, SouthoM Kax'inmmeu~l P.t~ew accesa to thc public, street on the west, S.c., on C, otlage Place. (d) The deaign of the buffor ~nd'thc ~'benns, together with thc lack of any ncce~.q onto Locust.Avonuc, will screen the .view of thc parking area proposed for pnrr, cl 24.1 from Locust' avenue and fi-om nearby residences.~ · (c) Applicants havc offered to l~Vidc additional landscaping for thc existing pnrking area which is located to tho West, inclu~in$ lendscaping along the enu'ance from'C, otU~;¢ Place. (f) Applicants have agreed to voluntarily limit'their usc of.parcels 22.1 and 24.1 by the following covenants and resections: (i) ' there shall be no acces~ to Locust Avenue from thc n~w p~rking arca on l~,mT, el 24.1; · (ii) before thc. Town Building Department. L~sues' a certificate of occupancy, applicants will complete ins~,~flu, of'all hnds~i~ug, llght~g, and. drai~tgc systems for.thc cxisfing parking area and the proPOsed park~ are~ as required .by the Lead Agency or the Planning Board; (iii)on the Cooage Place side of the Mullen Motors property, there shall be no outdoor work, vehicle activity ~n1! be resu-ictcd.[o, acccss to and from thc sitc, with no parldug or storage ofMullen ~otors' vehicles on ~7,ottage Place; (iv) Mullcn Motors ~nll advise its employees and customers that thcre'sh~ be no test-driving of vehicles on residential side streets in the vicinity of thc dealership. · (v) Mullen Moton.,~-~ prcscn~ a plan to thc Town's ?l~jmi~ Board to ,,~+m~,,c the.impac~ On Cottage Place. from delivery tracks; . . (vi) vehicle, deliveries ~h2!1 be Hmlte~ to weelcdays during the hours between 8:00 a.m. and 6:30 (vii) N0twiths~nding all ~c u~cs permitted es of fight and. by special ponnlt in the Oenenl Business 03) DistriCt, thc use of parcel 22.1 shall be ]h~tcd to atttomobilc ,~,-~lcrship and rclated, purposes in the event its use is changed from the current (viii) the use of parcel 24.1 shall bc lL~ited to vehicular, part4,,E, 'storage end display purposes · only, and shall bc associated with the adjo~._g automobile dealc~h .m, (ix) when and if the uses or .buildings on parcel 22.1 arc char~gcd, any new uses or buildings shall be developed jointly, w~.th'adjo~,- land~ of appliCanIs ~o the west; (x) when and if the usc of parcel 22.1 is changcd.~ whole or in part,.and the existing building · t the nor~theast corner ofp. arccl 22.1 i-~ removed or altered, a landscalo~d hofl'cr at least 15 feet in width shall be installed alon~; the ondre Locust Avcnuc frontage of l~.rccl 22.1 the northerly poin~ of thc landscaped berm on parcel 24.1 to'a POint as near to Route 25 as POssible without blocking !~?_' _~.of site. · It is vcty ~mpo~;'to note, that thc.project not only incorporates mitigation of onvi~mmontal i,~.,,acts associated wi~h the in,posed Change 0~ zone to faoiliUtto parking on Parcel 24.1, but providc~ lim~t~ti0ns o.n parcel 2;2..I and i,n?rovctnpn, ts on thc balancc of thc Mullcn Motors sitc including dclivc~y hour .restrictions, a. managc~nent plan for delivcrics, agditional landscaping on 'Cottage Place, .ehd coordination with. employees and pa rons to eliminate t -driv on resklential site stn~ets. These measures n6t only eliminate potential impacts of thc proposed 'project but further ~m.nrove issues that have bcon recorded by the Town Board in comp!nlnts · from thc .shbothood reSar - the'existi f 'ty. I Iullen Mo rs has occupied tho subj · site for 73 y.~ and will continue to occupy the site. The proposed ,~h,nge of zon.e the site operatio, ns by providing nocded, padd~ and further !rn.~'ovca site operations ttL,~OuF, h th~ noted restflctio~.. . . · 'l'age3 ors Envlroumeuull~lew Based on the foregoing, facts =ha consideralion of documcnts on. record [Spccifi¢ information considered in prepahng this review and in. assisting thc Board 'with a dndt Determination of Si_tmlficancc is includcg in ~hc Reasons supP°rfing This D~ihslion, section 3.(a-y)], we believe that the Board may Wish to considar:a Negative Declaration for mis project.. This assumes that the'Board is satisfied with our.conclusions and thc levcl of mitigation which is ir&erem in the project as well a.s thc enforceability of such measures: The Town Board may ensure that the project as submitted 'by the APplicant, is in fact enforceable and will be implemented. The Board may consider Covo-nsnts and ResRictioIls to bc prcparcd to thc satisfaction of thc Town Attorney in order to..accomp!ish this. Attached, pleasc find a dra[t Dcterrnln~ion of Si~i~C~ ~ch ~ucludes th~ dc~led reason, suppoff~ng th~ rcco,~mcnded d~minatiom some ofw.hich afe.hi~hlighted below. ' There are a number Of ~i1~ desi~ll and construction measures Which ~.par~ of the Project and must be implemented~ Description .(f)(li) of the project abovc indic~t~ .that "~/o~ the ~o~n Building Department Issues a ceraficate of Occupancy, eppllcant$ will 'complete ~n. vtallation of all landscaping, lighting, and drainage ~y~t~rns for the ~i~ting parking area and the propo~d parking area'as required by the.Lead Agency'or the.Planning Board". It is believed that the pla--i.g Bgard is the appropriate ageacy to ensure tlmt ,hla occurs, and tbe guarantee is en~red The Town Board may conaid'eg di~-t~.~.the pl~.~ing Board to ensur~ that the following ~fi¢ a housing to reduce fugitive glar~ thereby direr'ting illumitmtion downward. Consider limitations on thc hours of hghting which b!!,,ccs'.sflc s .c~u'ity nccds with thc · Ensure that the berm is c~siructed properly with appropriata'site slopes, stabilization measures and planting. ' · ' · o Ensure that the landacape plan includes imtallation of the largest sitter lrce ~spccies p0ssiblc, with a variety of stmib spccics bclow the canopl/.lmd appropriate groundcovcr .v~g. ct~tion. · Ensure that additional lands~ping along ~he.existing facility on Cottage Place is installcd to thc satisfaction'of the Pl,,~i,,g Board. . . · Ensure that afl runoff gcnCratod, wi~ii,~ the site.is, co~t,i,,ed on the- site; all drainage structures · stormwater ~m si~.' .'. Thcsc a~c standard site plan c~sideralions th,i ~n be incorp0raicd into the site plan review by the Pl,,,-i,,g Board and ~ through Buildiv~ Dep~tment rebiew for the certificate of Wc havc further considered the potential'impacts'of thc project in dotail,' and in doing ~o have incoil~reted ¢ommunlt¥ collgerl~S, prior ~ c°~l~id~r'alions ~ld th~ mitigalioll ~ in the project in order, to reach a conclusion re .g.arding the following key issues: These are co.sialered in. dctail in Scction $. (a-c) of.lhe attached.draft D. etermi-.~ion o£ Siznifica~e. F°r =ach i-?ac~, th~ Project.es proposed suflidm~tb' _,~!~ga~es thc ~,:,~ such no significant advcrse cnv/ro~cntal impact is expected to occur. In addiU'o~ it is noted where addi~onal mcasures will assi~ hi ,.~.i.g thc ira?act of th~ 'cxisfinE facih'ty on:the corem/miry. The. Town's COmpreb_~n~'ive· Plan is e.~;.~d.lly auC°mpassed in the various Town planning studies and repons, zo~i-g and planning initia~'v'es, z°nl-I codcs, and thc ~cord of decisions. These are'considerad in section 5.(d) of ~ie draft Dct~ ,!,inaion of Significance in the conle0a of thc proposcd pwjcct.' 'It is concluded that thc pwjcct is not inconsistent with comprehansivc pl~..i.l~ efforts of the Town .and bascd on s/tWusc SPccific considerations, the inherent project miii~,ation..the local palIem of zonin§, .and the furtherance of atleast one §oal of the County P. outc 48 Corridor Land Usc Study, thc project will not have au adverse impact, on land .usc, zoning or land lise plans. Fin~ny, we have considered the action in the context ofthe'crkcria for detcmfining significance contained in' SBQRA Part 617.7 (c), and find that bascd on evaluation of each of these twelve (12) considcrafions,' thc project is not expected to cause a si~ificant adverse environmental impact. · As a result of this l~cw, wliich considers commu~liiy input, prior reviews and the adequacy of the Applicant in addrc~ing potcntial impact~, 2 B concluded ~ the p .r0posed Mullcn Motor~ chantc of zunc of parcels 22.'1 and 24,1 to Geneial. Business (B) will not have 'a si~ificant advcrsc ira?act on thc cnvironmant as the proi~osed 'p~oject has evolved to include effectiVe mitigation. The. m/tigafion in fact goes Beyond the chan~c of zone parc. ch and provides additional measures and assuranccs that thc opcration of the Mullcn Motors facilily will be conducted in such a manner that. further .r~i~i~i~.es the ira?act of the existing facility on the ncighborhood. . . .' Thank you for th~' opportunity tO provide you with ~his renew, and please ~el free to contact me should you have any fu~cr questions. .. Very truly yom's. I~geS ors To Southold Town Board, January 4, 2000 "J~! In regard to the former Lucy property, the contract vendor, Mr. Junie Albertson, has made no attempt through the years to sell the residential land. The residential land across the street, (now the Soto residence), sold just before the Mullen Motors application was filed. Being that Mr. Albertson owned both properties, the argument ~'-~' that he is unable to sell the Lucy property is without merit. Downzoning residential property to accommodate land speculators should not be even considered. Besides, if Mullen Motors compromises and devalues adjacent properties so badly, they certainly should not be allowed further expansion behind other already established ! homes, but be contained where they are. The way the zoning is now with hamlet zoning to the north, residential to the east, j~ residential to the south and residential to the west, with a variance for Employee Parking Only, someone certainly can build a house on the former Lucy property. ~rhe~ People tell us what they think would make Locust Lane residents happy. Well we were all happy when the Sotos built a house on the former "litter strewn" residential lot next to 7-Eleven and the Zito's home. We all would be happy to see another home built directly across the street from their new home. The fact that the property behind 7-Eteven has already been sold to a family with children invalidates Valerie Scopaz's claim that "its desirability as a homesite has been compromised". If anything, the Lucy property has become more desirable with this latest addition to the neighborhood. For these reasons, the zoning should remain as is on Locust Lane. Albertson's Century 21 can certainly find a buyer as they did for the for the residential land across the street. If a house can be built behind 7- Eleven, then a house can certainly be rebuilt behind Colonial Corners. These two properties are identical in three regards: Acreage, Location and Zoning. 1. Both parcels are 3/10 of an acre. 2. These two northern most residences would distinguish the residential community from the business community in a uniform manner. 3. Both properties are located one lot south of our Main Road Hamlet and are zoned R- 40. In addition, a new home on this site would reestablish the entrance to the Founders Estates residential community, that was tragically altered by the loss of Mrs. Lucy's house by fire in 1980. The line between residential and general business should not be eroded as it has been on Cottage Place. When Mr. Albertson wanted to downzone from residential to hamlet zoning for Colonial Corners, he reassured the area residents that he would never do anything to hurt the neighborhood or put .up any tall buildings that would block our views or diminish the character of our town m general.., and besides, he said the T.own Board would never let him do that anyway. Now Junie Albertson wants to sell this land to a corporation for warehouses, storage and noisy auto repair. We ask the Board to honor Junie Albertson's word and reject this downzone application in our neighborhood. Julie'"Sanford, Founders E,~tates ~ Locust Lane Southold, NY. 11971 January 3, 2000 Southold Town Board Southold Town Hall 53095 Main Road Southold, NY. Re: Mullen Motors application for the downzoning o1 Hamlet Business and Residential R-40 property for General Business Use. To the members o1 the Southold Town Board: Along with all my Best Wishes to you for a Happy New Year are two previously- written letters that explain what a Car Dealership/Service & Repair Operation is like. AUTO REPAIR IS USE-INTENSIVE. The heavy equipment needed to conduct auto repair---HYDRAULIC LIFTS, PNEUMATIC AIR GUNS, ELECTRICAL GRINDERS etc. are very noisy. So too are the POST REPAIR EXAMINATIONS...the reving and idling of car engines to monitor performance and of course the vehicle test drive. It should be noted that these last three are done out of doors. As for the vehicle test drive, it is usually conducted on the nearest residential streets. Such activities are truly disruptive to quiet neighborhoods and pose traffic hazards to busy Hamlet Centers and residential communities. Any business as USE-INTENSIVE, TOXIC, NOISY, and POTENTIALLY UNATTRACTIVE as a Car Dealership/Service Repair operation needs to be located away from Hamlets and neighborhoods. The residential R-40 neighborhood of Locust Lane should not be destroyed with these repair bays, hydraulic lifts, warehouses an-'~'~E~ ali the~ther obnoxious uses a L~eneral Business downzone would-pe~ETTY LITTLE PARKING LOT" is not the Mullen Motors intent for this property. CAR DEALERSHIP_S/SERVICE REPAIR OPI~RATIOf',IS and AIBPORTS are the two ope'rations that CAN NOT BE BUFFERED. They COMPROMISE all that surrounds them. I hope these letters will help you all understand what a Car Dealership/Service Repair situation is like. Yours truly, Jean Sanford cc: Ben Orlowski, Valerie Scopaz and members of the Planning Board !800 Town' Harbor Lane Southold NY 11971 Ms. Judith Terry Town Clerk Southold Town Hall 53095 ~£ain Road Southold NY 11971 Dear Ms. Terry: Since purchasing a house in Southold last February, we have been impressed with the concern of residents of the North For}: to ward off development pressures that would compromise the rural ch~a.cter of the area. .Recently, however, the trees on Locust Lane were ~'~f-t~nout a concern for the impact~t-~6-l]i~h-a~--6n the environment an~d local r~'i~-~t~ Having lived in Bayside, Queens, for many-years, we have faced in residential neighborhoods ' 0['~-~ ['~')-~[[~--"~-u" ............. : ..... ,' '/ - ' Y- l_r~. ~9.rD and P~ ~'/ ~ore space, powerful lightin~ security ~uy~oses, then high ~fenc~h~.~After a while, the~i~~ ~a~ t'o ~inc~u~-- ~ residential streets and is certai~ ~ safety co~ puts the elderly anG younG children at ri~. - !f__e do not want Southold to look-like automobile row in Riverhead. k~ We hope the ~g~ld ~0w~ Bo~r-d--{~ll.deny the zoning change proposed by Mullen Motors and thereby protect the interests of the hamlet districts and local residents. Sincerely, Carcrl A. 'Owens James A. Owens Southold Town Board Southold Town Hall Main Road Southold, NY 11971 To Southold Town Board, October 5, 1997 I reside at 315 Cottage Place, the property adjacent to Mullen Hotors' Employee Parking Lot. This lot is used for mere than just Employee Parking. Very often, car repair activity takes place in this lot as well as overnight storage. Car deliveries are made in front of my house, blocking my driveway and causing noise and inconvenience. At night, the lights shine in our windows. It's ridiculous in a Residential Area! ' Early in the morning, hydrolic car lifts wake us up at 6:30am. i can't imagine being surrounded on two sides by this operation. Devon and I love this house. It dates back to the early ~900's. This house would be adversely affected by any zone change. The neighborhood cannot stand anymore. Please refuse any downzoning and "exceptions" to our zoning code. Yours truly, David Liss Devon Massar Ben Orlowski--Planning Board Valerie Scopaz--Planning Board Ed Forrester-~Code Enforcer/Bldg. Gerard Goehringer-~z.B.A. Judith Terry--Town Clerk Dept. JAN 3 Southold Town Board Southold Town Hall 53095 Main Road Southold, NY. Locust Lane Southold, NY. 11971 January 3, 2000 Re: Mullen Motors application for the downzoning of Hamlet Business and Residential R-40 property for General Business Use. To the members of the Southold Town Board: Along with all my Best Wishes to you for a Happy New Year are two previously- written letters that explain what a Car Dealership/Service & Repair Operation is like. AUTO REPAIR IS USE-INTENSIVE. The heavy equipment needed to conduct auto repair---HYDRAULIC LIFTS, PNEUMATIC AIR GUNS, ELECTRICAL GRINDERS etc. are very noisy. So too are the POST REPAIR EXAMINATIONS...the reving and idling of car engines to monitor performance and of course the vehicle test drive. It should be noted that these last three are done out of doors. As for the vehicle test drive, it is usually conducted on the nearest residential streets. Such activities are truly disruptive to quiet neighborhoods and pose traffic hazards to busy Hamlet Centers and residential communities. Any business as USE-INTENSIVE, TOXIC, NOISY, and POTENTIALLY UNATTRACTIVE as a Car Dealership/Service Repair operation needs to be located away from Hamlets and neighborhoods. The residential R-40 neighborhood of Locust Lane should n.ot be destroyed .w, ith these repair bays, hydraulic lift_s warehouses an-'-~ all the.o_ther obnoxious uses a L~eneral Business d0wnzon~ would perm L A PRETTY LITTLE PARKING LOT" is not the Mullen Motors intent for this property. CAR DEALERSHIP_S/SERVICE REPAIR OPERATIONS andes are the two operations that CAN NOT BE BUFFERED. They COMPROMISE all that surrounds them. I hope these letters will help you all understand what a Car Dealership/Service Repair situation is like. Yours truly, Jean Sanford cc: Ben Orlowski, Valerie Scopaz and members of the Planning Board 1800 To~.zn'Harbor Lane Southold NY 11971 Ms. Judith Terry Town Clerk Southold Town Hall 53095 blain Road Southold NY 11971 -Dear Frs. Terry: Since purchasing a house in Southold last February, %'e have been impressed with the concern of residents of the North Fork to ~zard off development pressures that %~ould compromise the rural ch~acter of the area. .Recently, hovzever, the trees on Locust Lane were butchered w~rf-t~°~ a concern for the '- ~aving lived in Bays/de, Queens, for man - e a.c~--~c~ ,_ - ~ y ars, we have face in reslden%l~l ~_~ ~- ....................... rshlps from lntrud ~ .... m x~gnEln~or security ~oses, then high ~~' AfteA~ wh!A~, the parkin ~-ace ~ ~,~ yuung children at ' ' ' risK. ~fe do not ~ant Southold to loo f llke aut proposed by MUllen ~[otors and thereby protect the interests of the hamlet'districts and local residents. Sincerely, Ca re-1 <A . O~ e~n/s James A. O~'ens $outhold Town Board Southold Town Hall Main Noad Southold, NY 11971 To Southold Town Board, October 5, 1997 I reside at 315 Cottage Place, the property adjacent to Hullen Motors' Employee Parking Lot. This lot is used for more than just Employee Parking. Very often, car repair activity takes place in this lot as well as overnight storage. Car deliveries are made in front of my house, blocking my driveway and causing noise and inconvenience. At night the lights shine in our windows. It ~ ridiculous in Residential Area! Early in the morning, hydrolic car lifts wake us up at 6:30am. i can't imagine being surrounded on two sides by this operation. Devon and I love this house It dates back to the early 1 ' ' 900 s. This house would be adversely affected by any zone change. The neighborhood cannot stand anymore. Please refuse any downzoning and " ' ,, exceptzons to our zoning code. a Yours truly, David Liss ~-- "~ '-- { ~- ..... Devon Massar Ben Orlowski~-Planning Board Valerie Scopaz--Planning Board Ed Forrester--Code Enforcer/Bldg. Dept. Gerard Goehringer--Z.B.A. Judith Terry--Town Clerk Southold T. Board/Code Comm. Southold Town Hall Main Road, Southold, NY 11971 Re: Public Hearing on A Local Law to Revise Business Uses, HB District, Section 100-91B, Gasoline Service Stations & GB District, Section 100-101A Automotive Repair Shops. To Southold Town Board & Code Committee: January 27, 1998 We do not think the proposed changes to the Hamlet Business District for Gasoline Service Stations, Section 100-91B are a good idea. Our concerns lie not only in how this amendment will ,atfect the Io~k of o~ but what the~ and accessory uses that ~.re-~lowed t~) accompany Gasoline Serv ce'~stat~s wdi do to our c~_~9~en~ters and~bb.~rJbo-o.d~_. Convenience stores are a particular men~ce a-'~"&"'~E~re ' a-f'~t becom~'g synonymous with gas stations. In a December 4th article, (Wonton's Gone, Big Gulp's On the Way?, Traveler/Watchman) Planning Board members made the following statement: "in the past ten years, the convenience store-gas station combination has proliferated to the point where it has become difficult to locate a gas station that doesn't double as a convenience store...In fact, it has become so common that a convenience store is now considered an accessory use to a gas station, and may no longer require special permission from the ZBA." We find this alarming. Have the review standards at Town Hall dropped so much in the past 10 years that Town Officials would, serLou...s,y cons~d,,e streamlining '~ applications for convenience store-gas stations? uo we reauy need any more. And do we really want them in our Hamlet Centers, under Section 100-91B, with a~l the problems that they pose? Convenience stores do not enhance the character of our Town. They generate noise, garbage and nightly traffic. The goods they sell are above market price and directly compete with Mom and Pop grocery stores, dells', beverage stores and restaurants. Since most convenience stores are franchises, they have little allegiance to local economies like ours. Instead, they funnel profits to a centralized National Headquarters, so more convenience stores can come to town compete with local merchants and squeeze them out of the market. This is precisely what's happening in Southold Town with 7-Eleven. In a January 9th 1998 letter of transmittal to Southold Town Planning Board members, the Notaro Grupp Architects & Associates group writes: "Enclosed, you will find site plans and exterior elevations for 7-Eleven #32347, in Mattituck on Main Road and Factory Avenue for architectural review and site plan review. If 7-Eleven comes to Mattituck, that will make store #4 in the Town of Southold. Do we really need another convenience store? The answer is NO and certainly not a franchise establishment like 7-Eleven for all the reasons just explained. Our dells and beverage stores are trying to make a go and all the while 7-Eleven is thriving and expanding. A recent promotional campaign for Party Platters (please see enclosed) shows how 7-Eleven targets our local market and with financial backing from its Dallas, Texas Headquarters, takes a chunk out our local economy. Now we discover, 7-Eleven is teaming up with Citgo to open a brand new convenience store-gas station in ........... ssor,, use" is just one reason why the Matt tuck The convenience s[ore az ~.. '~__~^.4 :.,.,4,.~ q,~ction 100 91B to include Hamlet Business District shou d not be I be[u.~u u. ..... - Gasoline Service Stations. Another good reason to prevent gas stations from setting up shop in our Hamlet Centers is the "accessory use" of auto repair. ~ · ' tive and use intensive. The heavy equipment needed t0_ Auto repair ~s unattrac . ~d~s, e ect~J~d~s~e~ ~n~uct auto r~drohc ~_~c a~. g__~_ ~7;~ ~ idlin~ o~ c~ 27 .... ¢ ....... ~h~ nnR repair exam nauons. ~nu]~ ~,,y~ very no.~ ~u tuu ¢,~.._~ ~_t ~' ~test ¢~ It should De no[eu , ,, onltor erlormanc~.- ~m~ ~ -- ~ngi~s to~ er~?mu~u~ ~ ...... - ~ fnr th~ vehicle test driv~ually these last 3 tests are often cone outooof~. ~ 8~ucted ~st residential street. Such activities can truly be disruptive to q~0ds and pose traffic hazards to busy Hamlet Centers. While we are on the subject of auto repair, we ask the Board to please keep Auto Repair Shops Special Exception. ~ a~ u~e~t~sive,~Y and potentially u~ttr~ve_~ ds ~ stricter~u~ne, ng~st a site p an ~iew2 S'~e ~[~es a~'~ not olnolng an we ¢ _~ -~- ' ............ s of tneir zoning ~ s the adhere to the lowest standard . ~o [~ng ~ . Y ..... ~-'* ~1- with the site p an. To ensure ~usinesses have Ilttl8 tO leaf wReR they uuH · ~u,,,F ~ that use- ntensive businesses like Automotive Repair Shops do not behave in this ~manner, we ask f~ ZBA rev ew a~ we~¢&'d review~ ~ en all the elements of a Gaso ne Service Stabon are ¢¢nsid~red--the acc¢~ y ~ fla~ .... '~ -,- ; f~ ~ Rt~r district for acfivlnes such ~~o~ ..... ~ ~'- ** -as stations have tradmonally conouct~ ousmuoo ,- ~ould be the us~,.,,~,,~ ..... ~ ~wav from Hamlet the General Business District [~ectlon ~uu-~u,~/ ...... , - -- To illustrate this point further, we have compiled a list of all the gasoline stations in Southold Town. According to the NYNEX Yellow Pages and Yellow Book for the North Fork directories, there are 17 service stations (please see enclosed list). Of these 17 stolons, ]4 ~re Io~~ro~~s, ?~sid~ Ha~.~rs- ~ ~e Cutc~o ue Metro (now called uoastaU, ~r ~ouer[s anu , i ne ct .~ . g ........ nl- because of preexisting conditions..Whil~ we . g the rule. In fact, the problems posed by these hamlet gas stations may givEthe Board reason enough to reject let ro osal and simply uphold our curreot_ code-- General Business, Sec. 100-101B- ~h~5 [~¢(~5 f~ For example, in 1991, Cutchogue Metro (now Coastal) constructed a building canopy in the hamlet of Cutchogue without an approved site plan or building permit. Bad enough on the outskirts of town, but in the hamlet centeH Rather than make Metro dismantle the structure, the Town imposed a fine and allowed Metro to back-file all the appropriate papers that would legitimize the canopy. Now we are stuck with an ugly, out of proportion, interior lit canopy in the middle of our Cutchogue hamlet. A very poor addition to our scenic cent~ and a very poor precedent to set for the Town. Southold Town Service Stations List compiled from the NYNEX Yellow Pages 1997-98 & Yellow Book for the North Fork 1996-97 AMAC Inc. 7400 Main Road, Laurel Amerada Hess Corp. 11100 Rt. 25, Mattituck -,~.Cutchogue Metro (renamed Coastal) Main Road, Cutchogue Cutchogue Service Station Main Road, Cutchogue Dinizio Service Center Inc. Rt 48 & Wickham Ave., Mattituck East End Petroleum Corp. Factory Ave. & Main Road, Mattituck Eli-Jay Mobile of Peconic 32400 Middle Rd, Peconic Empire Service Station 1100 Rt. 25 Greenport Carpluk's Service Center Inc. Main Rd & Bayview Rd, Southold Lou's Service Station Sound Ave & Pacific St, Mattituck · .~ Mr. Roberts 300 Front Street, Greenport Nassau Point Service Station Main Street, Cutchogue ~t'Southold Automotive Corp. Main Road & Youngs Ave., Southold Ocean Service Mini Mart Main Road, Cutchogue Spano's Greenport Service Station 1100 Main Street, Greenport Wheeler's Garage North Road Rt. 48, Southold Willow Hill Automotive 45845 Rt. 48, Southold Letter to the Southold Town Board, by Tom Jarnich. (My Own Enviromental Impact Statement) Dear Southold Town Board, August 14,1997 I am a resident of the Founders Estates area. This is My Own Enviromental Impact S._t. atement. Southold is steeped in history and many historic sites. Many of the people here are descendants of the early settlers. Plaques bearing their names are still to be seen on homes they once lived in. Some other buildings that were built later on, lend themselves to the historic scene too--including the little hamlet shops on the Main Road and Locust Lane called Colonial Corners. A block or two west, there are museums and exhibits in a rural setting. The attitude of people today is to save as much of our heritage as possible. Do you want to replace Colonial Corners--a village within a village--with a commercial car dealership? I am a very concerned person who resides part time in Southold, in a home owned by my wife's family. They built the house some forty years ago and have continuously used it as a second home for weekends, holidays and summer retreats· Every year, look forward to my time spent in Southold. I have come to love and appreciate its /~' .p_ristine beaches, tree-lined streets, quaint shops and quiet neighborhoods. The Mullen Motors Comoanv' nl~n- · ..... %" ,rural scene. It is also a ihre'a~t~'~i~ lu--~e.-x-p..a,nsl°n ,s a s..erio_us threat to this h stor c · - ~ ~-,-' ~y owners of ~ oecause ~t w~ll decrease the values of th~- '-- .. ~ne. hounders Estates area, ~e~rYt;~de and long to earn the purchase%o~(~vroes--HOmes for which they workermd ~/ y and to later carry on a long te P.J'e~y~_vi(~us exp_ansio_ns_Qf~MuJlen's bus~j.in_ess has devalu _auto_~usines'~-~io-~- Co - -.--~---. ,_.--r:-~--~-..~_La_te~d homes n the vic nit '- th .......... ~__ttage_P_la.ce. If this lazes~ ~an to~' ~ . e p_r_.~wr~ers alo~_q Locust Lan,=, ,,.,iH ~..,,- P.~ exp. a~d ~s._successflj[, ,s a very beautiful home---'~'='~-~ust ~u.~,,e~r me,sarn, e._j_a.[~_.. _.l-or example, there expansion of Mullen Motors Car Dealership, has adversely impacted the sale of this home. ' '¥"~"""~ ~° ]ur sa~e. ,~lready, the proposed If a t[aff~ic ~ was mad~~ocust ~ we would realize that an a nearly occurs, severa ~mF~ D~ w .~b- .- ,~-= .......... utc accident · No.., ~uu ~u ,,,,~ aH me additional traffic that will be gererated by the automobile sales and service cars and trucks exiting and entering the expanded premises onto Locust Lane. It will become very unsafe to drive down Locust Lane toward the Main Road, along with trying to turn onto Locust Lane from the Main Road. And remember, Locust Lane is a very narrow two-way street. ~--H~obart Road is a one-way street. He~avy commercia · .Road, detours down ~4,~,o,., D~,~ ....... ,-- ~ I trafhc comin from t ' ...... , ,~ ~ g_ he Ma n '--'-~--. -- ..-,~-. ............... ~.~v. ,, ,:,u,u~s rkorn ~oad and u Lo traffic condd~ons a oh-~ with a -' ----~--- ................ p cust Lane -'Tfiese ~ituation -- ~ uea,ersmp expanslon--creaEe-~ ~"~-~h--"~"~ble At least one resident of Founders Estates, travels about town by motorized wheel chair· This person must drive down Locust Lane or Cottage Place to get to the Main Road in order to reach their destination. Both of these streets are already congested from heavy Commercial traffic and pose great safetyhazzards. Once on the Main Road, there is. no designated sidewalk from Mullen's display window h_alf wa to the video store. ~tr~ and w~-.. ~..~.~---~-~. ¢-----.. ...... Y .... ' ---~~ uou/,.~ lllU;~t Walk or drive crt road to go westwar, cLim,-, ~ ..... ,,_~:..~ ,,_ ~----~7- ~- ..... ~____me_ e~dg_e_of the -. ~__~_ . .~.~.-,.v_,...~ ,u=. ~g,m,,, me advocates of expansion do not consid~i~' the needs ct remdents--Its not their problem how others fare because of their mounting greed. Next, we come to the letters of the local businessmen coming to the rescue of~ .~M~e~_M. ulie~n_ and. famj.l.y;-- Each im~'e said ex,an§ion will not hur~-the uummum~y. ~uesuon. where exactly do each of these businessmen and their families live'./ uo any of them live on Cottage Place? Would any on them tolerate the intrusion of a commercial business adjacent to their~?~bTd~a-Tl6W ~-h-~ you~~~'f~n~8-c~O-j:)qay or wa%l]~-o-~ t-h-e--~'ti;~-t? Let's say, on Locust Lane after the expansion was to take place? Would they tolerate bright lights burning all night for the protection of the business premises from theft? We could continue to ask many more questions. If by chance a "NAY" response was given to any of the above questions, then expansion plans must be scrapped and no zone change with special exception awarded. Each Board member and/or employee of Southold Town, should ask himself/herself the same questions. It would be interesting to hear their responses ~ccording to the principals advoc ' ' _.e~xpans~on, one is led to beHev_e~ that ~f t is n,',~ ~,,,,.,--.4~--~_ ..: _~2,vo.catm~g_t.his_ · - ............ ,~,., uuu~ tu me, glaring me n the lace and decreasing my property va~ cares! -- Up to this point, the emphasis of this letter has been on the safety of Founders Residents and their guests Secondly, their property values· Has the impact of ha.zzar.ds b, een addressed? What impact _will the additional carbon monoxide -. r i _a~nd,.th. e e c o I o :q_~'~_~~t · d~p~a~[ ~s an unregulated toxic su~bs-~t~h-E~?-B~ mcreamng paved areas for parking, the ecology will surely suffer. Already, Mullen Motor run-off has had an ecological impact on property adjacent to his macadamed parking lot. Flooding, errosion, contamination, general dampness--these are all unacceptable problems· ,An article in Suffolk L fe (dated Wednesday A ..... ,"~'~--,.,-, - .... business may nave to consider relocatin- '~'f,,,-~L~2~-'? In~ .ca.?~ fha! the ,a. utc necessary. Mr. Mu en staff,-.'. ',~.-. ,~ _u_ ~,-,-,,,.~- ~,,~.-umen[al Impact Studies are ~"4¢~options are ~i~'~',~.~,~y r~,a,v.e,!o r.e!o,c, ate", shows that other . ~ ,;-_--_'7'-'_' .%.-.~z.-,, ,..~u.~t,~,nu~ _w.t[[ lOllOW IvJ.~J_ea anywhere--an%d_.s_o will his ~ A compebtor ~s conducbng business on a north-sou , Rou. te 48 r~ght now! .A~._NEW facility, with NEW showrooms ~,d just north of · ~um~, ~nops and service cemers will be mor~i '~)1'~1' ~hea~'~ 8~repl,, ,o,-o0nformin~~=~)~E_~N' good I~-k,n ~o e~t~ll, successful busin,~s~l-'_~ When businessmen boast, "We support local institutions", it is not always done out of the goodness of their hearts. Businessmen don't do anything without some motivation in mind, or as part of their Master Plan for conducting busi~'~ss. Spending money around town is an act of good will--hoping it will improve and promote additional car and truck sales is another thing. The concerns of the Public Citizens and the way Southold Town looks is something ..our ViTl-~g~e orient needs to take verv~~~yy t~'t ,E-~ yh~r~'t~-e peop~ o-f~-unders Estates t~ -~'i~sl-~?? Why can't t~l~i? pleas be heard and considered? Down zoning in this case can not benefit, improve or enhance the value of our residential property or Mom & Pop property owners' real estate. Should our crusade fail, will the town re-appraise the Founders Estates properties and decrease the tax burden of the local owners in proportion to the amount of depreciation? Aisc, will Mullen's tax burden be increased to cover the amount the Town loses from us? I_n~ con?luslo, n, t_h.e To~?u~nci~l must render a decision that preserves the rur~ ~/~ ~n,aract,er ct ,our.~o,wn, malntair)s it~S~~~~.~t.~l.rrr~h~..~l~_~,~ ~i~i~~ro~p,4e~r!;Y~. n ..anc, e, nt~R~'me,-even C~ g~~'"'~v~ (~i' 'c~-- , ..,~ ruu~u uufOre reneermg a mumes up or thumbs down decision. Like the Ancients, we are asking the Town Board to hear the voice of the people and render a Thumbs Up! on our behalf. Sincerely, Tom Jarnich William d. Mills Ill P.O. Box 2126 Greenport, NY 11944 Dear Mr. Mills, Jean A. Sanford Locust Lane Southold, NY 11971 January 5, 1998 We have read your letter to the Town Board in support of Mullen Motors. This application for a change of zone is not simply for "the rear section of the property known as Colonial Corners", but rather, the entire Colonial Corners complex, as well as a residential property. As residents of Locust Lane and Founders Estates, we find this objectionable given its proximity to our homes. The activities of a car dealership are incompatible with quaint Hamlet shops and densely populated, R-40 neighborhoods. You say this additional expansion will "reduce the amount of 'automobile clutter' on or near the Main Road." In truth, it will only serve to increase and expand this unsightliness. Wh(~t makes you think it is acceptable for Locust'Lane and Founde ~t¢ to vi.ew ch~, maca~o,~ ~---, -- rs clutter" as we leave n'~ ,~ ,-A_ .,;,.,*,.,,, .~u,u ~t monotonous row of "automobi e a .... ,,u, ,-,ur -umes: ,And wnat will it look I~ke wh~n'tiqe old ' o"h"6~'es of Colonial Corners succumb? Mu!len's past expansions inc uded the removal of two . , Ma,n .Road, as well as the demolition of another ,-,,-, ntury .h.omes fr.om the · -,,, ,.,u,,=g~ r--lace. NOW again, this area is expected to offer up another Residential property. There is no way for this dealership to expand without destroying and devaluing al/ that surrounds it. Car dealerships and residences are not meant to coexist. Our zonin codes do .aLlow i!. Mullen Motors has been the exception to the rule ~ not results. We live k at the - with test-driving on our streets, 18 wheeler car carriers eroding private property, clogged and dangerous access to Route 25, car alarms, bright flood lights, macadam and chain-link fence. ._.Wm. J. Mills & Co. could not expand where they_w~ere. Suffolk Times couldn t ~pand In their nelgh6-~. T__hhey didn't demohsh adjacent pro~r/ies. Even the Southold Post (Dttl¢~. had to relooat~f'~fo e ro, p_..(~. I don't see ~, ,~,~'~..~%¥..d~U,_,~_O ex, an. It__d~d not become a t~his unrea;~~ -uwn ~oard and th~'~~a'~l'~th No one is disputing that Mr. Mullen is a good employer and a generous contributor of "government and charitable organizations." While all this may be true, these acts do not justify allowing him to be made the exception to the rule, allowing expansion after expansion. Especially because of his inappropriate location. The health, safety and welfare of the surrounding ne ghbors has been comprom sed for years. From past experience, we already know it is not within the power of the Planning Board or anybody else to make this car- Wqthina~m et n ~- dealersh~ ex I ' a dHesidentialenv~ron ~ P pansionworkable ' L -~_ ' men[: " Yours truly, Jean A. Sanford STOP-Watch member cc: Southold Town Board Planning Board PUBLIC HEARING SOUTHOLD TOWN BOARD October 12, 1999 8:20 P.M. (scheduled start time) 10:05 P.M. (actual start time) ON THE PROPOSAL TO AMEND ZONING ORDINANCE AND MAP, SCTM# 1000-62-03- 22.1 AND SCTM# 1000-62-03-24.1 Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilwoman Alice J. Hussie Councilman William D. Moore Councilman John M- Romanelli Cotmcilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Supervisor Cochran: The public notice will be read by Councilman Moore. Pursuant to section 265 of the Town Law and requirements of the Code of the Town of Southold, Suffolk County, New York, a public hearing will be held by the Town Board of the Town of Southold, at the Town Hall, 53095 Main Road, Southold, New York, at 8:20 P.M., Tuesday, October 12, 1999, on the proposal of Richard F. Mullen III, and William H. Mullen, to amend the Zoning Code (including the Zoning Map) of the Town of Southold, Suffolk County, New York, by changing the zone from Hamlet Business District (HB) and R-40 District to General Business District (B) Any persons desiring to be heard on the proposed amendment should appear at the time and place above so specified. This includes a full legal description of the property. This application was published in the Suffolk Times, and was posted on the Town Clerk's Bulletin Board, and correspondence as follows: from the applicant's attorney postdated October 7, which the Town Board received, addressing certain issues under SEQRA, postdated September 22, 1999, a petition fi.om Save Colonial Comers - Stop Suburban Sprawl signed by area residents, a letter from Alan Smith, Esq. representing abutting real property owners, application requires letters of referral fi.om the Suffolk County Planning Commission - responses required prior to the hearing, in review the Town Clerk's file does not show a response to the Suffolk County Planning Commission, therefore the meeting will be adjourned until the Planning Commision's report is received, a letter dated August 18, 1997 also from Attorney Smith, a letter dated October 10, 1999 from Nelson, Pope, and Voorhis, LLC in response to certain conditions raised according to the SEQRA determination, the notice of public hearing, a memorandum fi.om Carolyn Zenk received August 1, 1999, correspondence dated May 24, 1999 to the towns environmental consultant, a Part III EAF from Freudenthal and Elkowitz Consulting Groups, April 1999. Public Hearing 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Is that everything? This hearing this evening will not be closed tonight. I will keep it open until the 9th of November. The reason being that we have not yet heard from the Suffolk County Planning Board. You're more than welcome to express your opinions this evening. I will not close the hearing, it will continue on the 9~_ You will have the opportunity at both sessions. Is there anyone who would like to speak either pro or con in relation to the Mullen zone change. Mr. Stephen Angel, Esq. (for applicant): Before I get started I'd like to give the board an affidavit regarding neighbor notification sent by certified mail. Because this is an application that's being made, I thought that I would try to start out the meeting by letting you know a little bit about the application. Sort of summarize and introduce the people who've worked on it. As I said before, my name is Steve Angel. I'm the attorney for the applicants. What we have here tonight, in case there are any questions for the Board, Tim Rumpf of Araiys Design who's a landscape architect. He prepared a plan that's part of that Environmental Assessment Form, Part III that you have received. Terry Elkowitz of Freudenthal & Elkowitz Associates, who's the author of that particular study and Ron Hill from Dunn Engineering who's the ttaffic expert who prepared the supplement to the Part III to the EAF, which again, has been presented to you. Now all of them are here to address any concerns. I'm going to ask Tim after my brief comments to be recognized by the Board so that he can show you what the anticipated usage is of the property in question. Really even though this apparently is a matter of some controversy, we're dealing here with a relatively small parcel_ It's 1.24 acres in total. The application is to change the existing 1_2 acre parcel from its HB and R40 residential zone to B, General Business_ No changes are posed to the northern portion of the site, which is currently HB, That's where the Colonial Comers is- There is no application, nor any intended application to alter the current configuration of that portion of the properly. What is proposed is that there's a .31 acre parcel, less than a third of an acre parcel that's currently R40, by the way, it's all one parcel, two individuals, but together. That .31 acre parcel is anticipated to be used as a parking area. It's a parking area that's going to be completely buffered from the surrounding existing residential properties on Locust Ave. It will only be entered from the existing parking facility behind Mullens which currently comes in from Cottage Place. 36 some car places in there. There'll be islands that will be landscaped. There will be a buffer wall around it with very substantial landscaping. I don't want to say it will look better, but I think it will look better than it does right now. As I said, Tim Rumpfis here. He's designed a very complex, very expensive, what I think, very beautiful plan to screen that from the existing residential property. It will look better than it does today. Now what we're proposing is not that dramatic. The existing zoning, the Mullen property, the current Mullen dealership is B. To the east, we have the property which we're here on tonight, which is HB and R40. To the east of that, across the street we have a 7- 11, which is B_ We have a HB sandwiched between two existing B parcels. It would seem not very dramatic to change these business uses slightly to make them consistent. I think it's good planning. I think it's consistent with the Rt. 48 study that we've all been hearing about. Actually participating in, as you know. Whether you do it or not, the planning concern of Rt. 48 is to maintain those visual and agricultural vistas and reduce the amount of existing business zoned property up there. What we have here is - it used to be area that the Rt_ 48 planners want. They want this particular area, the existing hamlet, and areas next to the hamlets to be the areas where the commercial uses should be rather than in the areas that may be changed dramatically by new commercial development. I have ontlined a few areas in the Rt. 48 planning documents where { think I can point to these particular goals, but I'm not going to give them the time. The fact that we're going to be here again - I'm not going to quote them to tonight. I would also point out that the application that we're making is not one sided, and it's not to expand Page 2 Public Hearing 10/12/99 Mullen Motors Zone Change necessarily the business uses. It's to bring this property into conformance with the existing business zones on both sides, and to allow the immediate use of the southerly portion for parking. Now I found an example that I want to point out. One can look at the application 2 ways. In effect, if the Board were to grant this particular application from HB to B, it's not purely an expansion of existing uses. It maybe, in fact, pulling away some existing uses that are available in HB. I was looking at the permitted uses in both HB and B, and I realize that if you wanted to have a fast food restaurant, you could have it in HB, but you couldn't have it in B. What we're asking you to do is not to say that you're expanding all commercial uses on this property, we're just saying, make it consistent with what's there already. And in fact, for some people this may be considered limiting in today's society. You all know the Mullens; they have had their business there for 73 years in the same location. They employ 29-30 full-time employees. Their employees make a real living at this place. They are in need o£ expansion of parking, dramatically, as I think everybody here would agree. They are a healthy business in downtown or close to downtown Southold. Downtown Southold has not been as healthy as it should be of late. They've gone through tremendous expense and tremendous time in trying to make this as attractive an application as they could possibly make. Only one other thing before I sit down is - I want to make a brief comment about the environmental SWQRA_ There was a letter, I believe it was written by an environmental consultant back in May in which characterized this particular process as a Type I action_ In my most recent letter which Mr. Moore recited when he talked about the correspondence in the file, I said that I don't think that that's correct. I've looked at the Type I list which, for those of you concerned, those actions are going to have a significant effect on the environment. We don't fall into an3' of those Type 1 categories. I'm not going to go through them all, but there's a whole list of them in part 617 section 4. I've looked through them very carefully and I'm sure if you asked Mr. Quartes to go through them very carefully, he would agree with me that this is not a Type I activity. Moreover, if you look at the criteria for determining significance, whether to issue a positive deck, as you people say, or a negative deck, I think you'd have to agree with me that what we're dealing with here is a very minimal change. A 1.2 acre parcel with current plan to alter .3 acres of it is certainly not the type of threshold that would require them issuing an environmental impact statement. I think that we've gone beyond what was required under the letter of the law and have done a detailed plan in detailed environmental analysis, both which you have before you. I realize that you're calling people who want to speak_ Let me call Tim Rumpf, our landscape architect so he can show you the plan for the parking portion east. He's got a couple of code renderings showing the different locations. We'll sit down - Supervisor Cochran: I'll do this in a way that I'll have three speakers that favor the project, and 3 speakers that are against the project. Because I think it will move it a little faster and, in relationship to fairness of both sides of the question. So, Tim if you want to - I know Tim because he has served on the recreation committee - Mr_ Rumpf, if you'd like to explain your plan. Then I'll take one more that's on the pro, then I'll ask for three in opposition. Mr. Angel: All I would like to do is present Tim, and then perhaps we could pick someone from the audience. I believe there are a number of people - Supervisor Cochran: That's why there are a lot of people here who would like to go home and see the end of the ballgame. I know that_ Mr. Angel: There are a lot of people here on our side also. I'll just ask Tim to speak and then reserve whatever comments l have until the end. Page 3 Public Hearing 1 O/12/99 M ullen Motors Zone Change Supervisor Cochrau: Tim. Maybe you should stand on this side as ',,,,ell so the audience can also see at the same time that the Board eau see. We can see. Tim_ Mr. Timothy Rumpf: Madame Supervisor, members of the Board, and anyone else interested in this application in the audience. My name is Tim Rumpf. I'm president of Araiys Design. We're landscape architects located in Southampton. We've been asked, by the Mullens, to prepare a site plan for the proposed parking area on the parcel that Mr. Angel has described. Terry EIkowicz who's holding up the plan for me is part of (inaudible) as well. What we've done is I have - before we start of project, I do a site analysis where we look at the existing positions of the plan. The plan that Terry is showing you right now is that plan. You will see Rt. 25 down on the bottom of the sheet. To the left side is Colonial Corners. To the right is the existing car dealership. Behind that is the existing parking lot. To the east of that shows the parcel that we are dealing with. You'll also see some locations of stumps and trees, Maples that are there, larger Maples that are on the site so you'll get a view of what's going on in the surrounding neighborhood. We start from there and then move on to the plan that we've come up with. That you have in the environmental document. Again, the orientation is the same; 25 is down, Locust Ave. to the left of the site, and Cottage Place to the right. The existing parking lot is to the top right_ The proposed parking area is to the left. We'll start with Locust Ave. and work our way east. Going through the ordinance of looking at the landscape requirements and parking requirements the ordinance requires under general business, B. We will comply, and have designed a plan to comply with all the landscape and buffer treatments regarding transitional yards, front yards, as well as the landscaped islands within the parking area. Actually the landscape islands are twice the size of what is required in the ordinance. You'll see five shade trees that we are proposing along Locust Ave. I anticipate those to start as 3.5 caliber trees. We show a 3 ft. berm along Locust Ave. as well as adjacent to the residential properties to the south of that parcel. You will also notice, which does not exist now as part of the application, that we propose to remove 10 ft. of pavement along the existing parking area, and put in a 10 ft. buffer. That is clearly what we are trying to do. The park layout shows 36 spaces. I did look at some views from Locust Ave. and also Cottage Place. We did some quick sketches. The top sketch is looking fi.om Cottage Place towards the existing dealership. You'll see, to the fight of that picture, a proposed landscape we hope to do on the south side of that existing parking lot. It's a little sketch, supposed to be on Locust Ave. looking northwest. You'll see the shade trees, the berm, and also the under-planting of proposed broad leaf evergreens and deciduous shrubs. The bottom sketch is looking from the residential property, shoxving the berm and also the double line of staggered evergreens. We propose to start the plants at between 8 and 10 fi. in height. Supervisor Cochran: Thank you. Thanks very much. I'm going to take one more for the third one, and then, Mr_ Grossman, I'll call on you. Mr. Terry: Good evening My name is Raymond Terry_ I'm a retired businessman. I'm here to speak on behalf of the Mullen applications. I feel it is very reasonable. I have reviewed the site plan that was just presented to you. Having done business with the Mullen family for over 50 years, having no problems with them, I highly recommend the approval the application. 1 think they are people of their word, and they will live up to whatever agreement is set forth. Supervisor Cochrao: Thank you, Mr. Terry. Mr. Grossman? Mr. Adam Grossman Esq. (against applicant): Good evening Supervisor Cochran, members of the Board, my name is Adam Grossman. I'm an attorney, having an office at 120th St. Riverhead, Page 4 Public Hearing 10/12/99 Mullen Motors Zone Change NY. I, along with Carolyn Zenk, am an attorney representing a number of home owners in Founders Estates, a residential community surrounding the Mullen Motors car dealership, located on s/s Rt. 25 near Locust Lane and Cottage Place_ I also have previous documents for the Town Board. I wanted to additionally mention that there will be other speakers in opposition of this application. Just so you understand who I represent. I will be submitting a written application, I'm reading bom it at the moment. I just want to get this information into the public record. In opposition to the application for change of zone made by Richard F. Mullen and Willtam Mullen regarding the property located in the To,am of Southold. I believe the public notice specified the tax map number. My clients retained myself and Ms. Zenk in September 1997 to represent them in connection with this matter. For 2 years my clients have been following this zone change application, and for 2 years, they have been placed in the position of literally defending their residential community. Despite this, many have characterized their efforts in a negative light when all they have strove to do is to exercise their rights as citizens of Southold Town. I will also be submitting, in addition to the written statement on the application that I'm reading from, into the public record, are several documents which are going to be attached to the including; an affirmation of Carolyn Zenk dated 9/29/97, an affirmation of myself, 10/28/98, memorandums of Carolyn Zenk dated 2/11/98, 6/29/98, 7/9/98, and 8/27/99. Also being submitted this evening is a copy of the protest petition pursuant to Town Law section 265, affidavit of Mark Charest, dated 6/25/98, several photographic exhibits that were submitted with the 8/27/99 legal memorandum of Carolyn Zenk, and this affirmation. The protest petition itself is also attached to the afffn-'mation, and I'll be submitting a copy of that along with the affirmation that I'll be submitting to the Town Clerk this evening. As the attached submissions attest to, this residential community takes the zone change application before you tonight very seriously. At this time, I would like to state objection of procedures for this public hearing. Although this public hearing was scheduled in connection with the zone change application, no u, xitten comments have issued by the Planning Board, and no SEQRA determination has been made by this Toua] Board. If there have been actions taken by either Board, though it is my understanding that they haven't, these actions have been taken within hours of the public hearing. But that's a non-issue, since, to the best of my knowledge, no such actions have been taken to date. It is my understanding that this public hearing is to give this Town Board input. I also have to comment that there are so many public hearings scheduled for this evening that it is fear of mine that this atmosphere will be rushed. I hope that is not the case. This application has been processed for two years now, and I cannot understand why the Town Board scheduled this public hearing without giving the public an adequate opportunity to comment on the SEQRA and planning issues associated with the zone change application. Hopefully those issues can be addressed at the adjourned date on November 9. However, since I'm here before you as are many residents of Founders Estates in opposition of this application, I'm going to do my best to cover the issues raised in this application as I see them. I first wish to mention that a zone change is a purely legislative act, and this Town Board is under no obligation to grant the relief requested by the applicants_ As a purely legislative function, unlike a special permit or special exception, your decision is purely discretionary. Therefore, I would urge this Board to just say no to this application There are many reasons this Town Board should deny this application. Not the least of which is considering that this community will be forever changed if you grant the zone change. This is a residential community surrounding a business use. Expansion of a business is what is before you. There are families who live in the surrounding community, who are in no position financially to pick np and move somewhere else as some have suggested in the print media, yet the applicant could consider other locations which are more appropriate locations for an expanded car dealership. This site is simply a bad location for an expanding car dealership. There are safety issues that must be considered by this Town Board. Children live in the surrounding community And the traffic impacts have not been adequately addressed as I Page 5 Public Hearing 10/12/99 Mullen Motors Zone Change will outline later in this affirmation_ If there is increased business use traffic due to increased business use, it will undoubted negatively affect the surrounding community. It could result in tragic consequences for neighboring families. The Town of Southold is a tourist based economy. People come to Southold Town to witness the beauty of this special place. Granting this application will change the small part of Southold Town, and make it seem more like a suburban neighborhood. This Town Board must take serious it's obligation to adhere to sound planning principles, and must focus on the detrimental effect this application would have on this residential community. Having a car dealership, which shouldn't be next to a residential community to begin with, expand worsens an existing problem. It will create visual blight, suburban sprawl, and make this part of Southold Town look more like western Suffolk County. This, in tum, will remove part of the reason tourists travel to Southold Town in the first place. Simply put, granting them what they've requested is bad planning policy for Southold Town. Southold, unlike many other towns on Long Island, has had difficulty with area zoned business uses which are directly adjacent to areas zoned residential. As a result, many residents of Southold Town who live in residential communities find themselves surrounded by businesses along with n-affic congestion, noise, and late night activities, which often cause disruption on a daily basis. These residents, also, on occasion, suffer a loss of property values, and, in some cases, their location makes it nearly impossible for them to sell the residential homes due to the neighboring businesses. This is most certainly the case with residents of Founders Estates who have had to persevere as Mullen Motors has obtained permission for expansion upon expansion for an existing car dealership which is directly adjacent to a residential community. Before going any further, I wish to bring to the attention of the Southold Town Board that on 6/29/98, my co-counsil, Carolyn Zenlc, Esq. submitted a protest petition made to pursuant Southold Town Hall section 265 to the Southold Town Clerk in connection with this application. The filing ora protest petition, a copy of which is attached, which I'll be submitting shortly, means that this town must pass the zone change with 5 affwrnative votes rather than 4 to adopt a change of zone. If there is any question regarding this super majority requirement, either myself or Carolyn Zenk will provide any further information requested to the town attorney for his information. In addition to your timing of this public hearing, the poor planning policy, the safety and traffic concerns, and the fact that it is a legislative act which is purely discretionary, is an issue of environmental review of this application. It is my contention, and that of co-counsel, that the SEQRA process undertaken to date, in connection with this application is fundamentally flawed, and subject to a successful legal challenge due to the failure of the Southold Town Board to fully comply with SEQRA. I initially wish to encourage each member of the Southold Town Board to read fully the legal memorandum prepared by my co-counsel Carolyn Zenk and submitted 8/27/99. The Environmental Assessment form part 3 is legally insufficient as a matter of law because it evaluates wrong action. The action at issue is a change of zone for the existing Colonial Corners shopping center from HB to B, as well as a chm'~ge of zone for the lot immediately south thereof from R40 to B. The EAF evaluates only the proposed site plan for a parking lot_ According to the applicant, the alleged need for a change of zone is to enable the contract vendee to expand a preexisting nonconforming use by establishing an additional 36 car parking lot to an already blighted area_ If this were, in fact correct, why is the applicant seeking a change in the zone of Colonial Corners itself when this is not necessary for the establishment ora parking lot? Carolyn Zenk and [ submit that the applicants are less than forthcoming. If this was truly the applicants intent, why take the windfall approach of changing the zoning on two separate parcels of land for more intense commercial use. While the applicant verbally assures this Town Board that it does not seek any of the uses that the change of zone would permit, once the zone is changed these uses are permitted as a matter of law In addition, there are no legal documents on record that would ensure that Colonial Corners would not be destroyed or that the applicant would limit himself to a parking lot. The applicant states in his EAF part 3, as no Page 6 Public Hearing 10/12/99 Mullen Motors Zone Change changes to the northern segment of the property housing the Colonial Corners development are proposed, no further discussion of this section of the property will be provided in this pan 3 EAF The applicant cannot fail to study the very topic addition, namely the change of zone. Consultants from Southold Town seemed to reassure the town that there would be some control over the project from the future site planner in view of the SEQRA analysis, however, once these uses are allowed, as a matter of right, site plan review and SEQRA will only be able to mitigate harm to the neighborhoo& not prevent it. The change of zone constitutes an action to the meaning of SEQRA. Since this application for a change of zone enables some intense commercial uses that are currently prohibited at the site. The new commercial uses must be evaluated as a matter of law. In record that this application establishes that the proposed change of zone could contribute to suburban sprawl, hurt local businesses, and the resort based economy would be detrimental to the rural and historic nature of the neighborhood and pose traffic safety hazards. The change of zone would increase suburban sprawl already encroaching on the surrounding residential communities, and will forever alter the character of this community should the change of zone be adopted by this Board. The change of zone would be detrimental to local small mom and pop businesses as it would injure the resort based economy by detracting further from Southold's small town charm. Nothing detracts faster fi.om the rural quality of a hamlet than automotive uses. Their chain-link fences, halogen lights, sprawling parking lots, metallic cars, used cars signs, are the very symbols of suburban and urban blight. The change in zone would detract from the rural quality of Southold by allowing general business uses which are much more intense than residential uses and hamlet business uses. For example, while residential zoning allows such uses as farms, horse farms, churches, and residences, the general business zone allows fast food marts, gas stations, car washes, bars, and warehouses_ The change of zone would detract fi.om the historic qualifies of Southold. It would introduce traffic hazards, such as huge tractor-trailers entering a residential community. It would reduce the neighborhood property values. I have a set of photographs that I'm going to be pointing to in connection with what Iql be stating in the public hearing. I want to give copies of the visual evidence Supervisor Cochran: Please do it. Mr. Grossman: The first set of photographs, I know everyone can't see them unfortunately, show the character of the surrounding neighborhood with the exception of the Mullen Motors car dealership. As you can see, there are some quaint historic homes in the R40 zone including salt box houses and picket fences. Exhibit lC depicts the charming houses that existed before Mullen Motors built this current parking lot. A number of beautiful early colonial homes were destroyed or removed in order to accommodate this business for the detriment of Southold's historic character. Exhibits 2A, 2B, 2C, and 2D depict some of the existing businesses near Locust Lane that are consistent with the historic character and charm of Southold. They include the Colonial Presbyterian Church, the Curry Bell house museum, the Thomas Moore house museum, a colonial B&B, a Federalist Inn and restaurant, and others. Exhibit 3A depicts Colonial Corners. Colonial style homes converted into shops blends nicely into the existing character of the residential community. The architecture is consistent with the colonial style of Southold. The buildings are to scale, and nicely landscaped. The change of zone could allow the destruction of this entire development with such intense uses as fast food restaurants and gas stations. Exhibit 4A, 4B, and 4C depict the existing Mullen Motors car dealership. This development is in sharp contrast to those depicted in prior photographs. A corporate building is modern, flat, and ugly. Plastic signs mark the site. A chain link fence surrounds the building. There are cars parked everywhere, there is little if any landscaping to buffer the unattractive view. Exhibit 4C depicts some of the buildings of Mullen Motors. Note the lack of landscaping, Page 7 Public Hearing 10/12/99 Mullen Motors Zone Change and the wall to wall pavement. Exhibit 4B depicts the dealership once again, the cars, chain-link fence, halogen lights, and the sign hung from what appears to be a pipe - are all ugly and highly visible. Exhibit 5A depicts some of the very intense uses that the change of zone will allow These uses show contrasts between exhibits 1-3. Among these uses are a car dealership, a warehouse, a car wash, a gas station, and a fast food mart. Exhibits 6A and 6B depict some o£ the safety concerns already associated with the existing Mullen Motors. These include concerns about over-sized car carriers roaring through pedestrian oriented hamlets. The carriers pose traffic dangers on the very narrow, overcrowded, Rt_ 25. They rumble down residential streets, creating noise and fumes. They endanger small children in the neighborhood. Allowing Mullen Motors to expand further would pose additional, similar problems. Exhibit 7A depicts the bright, obnoxious, halogen lights already associated with this facility. These lights glare into the neighbors eyes at night. Additional b~ght, glaring lights will be needed to illuminate the cars, increasing this ntfisance ~urther. Exhibit 8 depicts the damage already inflicted to the area proposed for a parking lot. Majestic trees over a half a century old were cut down, some 3-t~. across. Note that these trees were cut before the developers received permission fi.om the Town of Southold to build a parking lot. Note also that a lush vegetative canopy still remains which continues to help buffer the residential neighborhood. The buffer lessens the noise from Rt. 25, and helps screen residential properties fi.om commercial properties. EIS must be prepared as a matter of law pursuant to SEQRA because the proposed action may have a significant impact on the environment The record clearly establishes that a change of zoning would substantially increase the amount of existing traffic, more noise levels triggering 617.7 - I'm not going to read the sections of law (coughing). The rural, historic, and residential quality of the neighborhood would also be detrimentally effected by the expansion. The over-size car carriers rolling though residential neighborhoods and pedestrian-oriented hamlets are already creating a serious I~'affic hazard. The record clearly establishes that a change of zone will create a material demand for more intense commercial development that would result in all of the above consequences, thus there should be a positive declaration by the Southold Town Board in connection with this application. And an environmental impact statement should be required as a matter of law. I wish to additionally emphasize that to pass a negative declaration the Southold Town Board, the lead agency, must determine that the project will not have any significant environmental impacts. There are substantial detriments to the Town of Southold if this application is granted for both an economic and a quality of life point of view. In addition as stated above, there are both legal and public policy precedents that are more than ample to justify this Town Board to say no to this legislative act_ I theretbre strongly urge the Southold Town Board to deny the request for a zone change for all the reasons outlined above. Supervisor Cochran: Thank you. Mr. Grossman: VII be submitting this. Mr. Arthur DiPietro Esq. (against applicant): Good evening Madame Supervisor, members of the Board. My name is Arthur DiPietro. I'm an attorney. I maintain offices for the practice of law at 41 Sunset Ave. in Westhampton Beach_ I don't know the Mullen family. I don't know the 2 gentlemen who are the named representatives of the family, making the application here tonight. But I've been told by several people that they are fine business people, fine residents of the community, and decent folks. I represent Dick and Gall Fredrick. I was retained over this weekend. I met Dick on Saturday. I met Gail tonight. Qualitatively, if not quantitatively, fi.om the standpoint of time, Dick and Gail seem to be pretty decent folks too. I don't think this is an issue of a popularity contest_ I think it's a very serious issue. I think it's an issue that your Board is going to wrestle with because you've got decent people on both sides, and you've got a Page 8 Public [leafing 10/12/99 Mullen Motors Zone Change very tough issue. I got here early tonight and I listened throughout the comments pro and con with regard to other zoning changes you're contemplating. I think it's kind of ironic because although they haven't spoken yet, and I may be presumptuous, and I may be ~zong. There may be some people in this room who spoke one way topically earlier that may speak another way topically later on during the course of this public hearing But if they were thinking categorically l think they would see the inconsistencies of their position. Councilwoman Hussie made a comment during one of the prior public hearings tonight about the impact of what you're thinking of doing on North Rd. to what's happening in the HB areas. The re-category fi.om one zoning use district to another of certain permitted uses that traditionally and hopefully in the future will retain the vitality of the hamlets. So there is a balancing act here. I heard comprehensive and master plan mentioned several times by many people. ! believe a couple of times by Mr. Penny, of who I believe, if I'm correct, had the benefit of being a former member of this Board. He has the knowledge of the zoning practice inside and out. There is a tremendous intimacy between what you do on the North Rd. and what you do in the context of this particular application_ And what you do in regard to the general foc~ of thought on the revitalization Mr. Angel mentioned, downtown Southol& the hamlet core area needs some help. It may need some more help 5 or 10 years from now. This decision tonight or in November, or thereafter, it does not involve a fraction of an acre of land. It's very symbolic, very intimately related to and intertwined with all of the other things that were discussed here tonight. And there are some technical points. I'm not going to belabor it because you are adjourning this until November. I have just been retained as I said before, and I will take the opportunity to submit my comments in greater detail in writing which relieves me of speaking and you of having to listen to me, and hopefully allows everyone to reflect on the written word in repose rather than hold your ears over the spoken word under the glare of the public meeting. However, there are some interesting things_ I was looking at the different uses here. And look at the varying percentages of lot coverage allowed. Also, focus on, and I'll quote what iVh-. Angel said in his opening remarks. His quote "not the current plan of the applicant" Mr. Grossman said when you change a zone or don't change a zone, you have a tremendous amount of discretion. That's true. I served a couple of times as a municipal attorney, once in the village, once in the town. It's a great blessing, it's a great nightmare because unlike a planning board that is ministerial and has very little discretion, unlike a zoning board of appeals which is quasi judicial, and has a little bit more leeway, but is still subject to tighter review. You are the legislative body, and you can act with a much, much broader range of discretion. The other side of the coin, and I'm not opposing Mr_ Grossman because we're colleagues tonight on the same side of the issue. The other side of the coin of denying the variance, or excuse me, the change of zone, that was a Freudian slip, is you can do it with a broad stroke, and it will probably stand up to judicial review just as if you deny it, it will probably stand up to judicial review. Why are we not talking about a use variance? Why are we talking about no present plans to do anything with the corner? I don't for one minute question the sincerity of what Steve Angel said tonight. I've known Steve for a long time. He's a good guy too. However, although the Mullens have been here for a long time, and [ don't wish them one moment of ill, it is not cast in bronze that they will remain the owners of that property next year, next decade, maybe next month. I understand they're only contract vendees now. I may not be right on that, but I believe it's true. The key here is when you change the zone, you change to use status of that piece of property. You're not doing anything to a particular owner for or against. You're not doing anything to a particular business for or against. You're changing the zoning status of the property, and you're opening up either a king's ransom or Pandora's box of good, bad, or indifferent uses that could occur on that piece of property. Again, I will be more specific in my written submission, but in perusing your code something kind of interesting and curious popped off a page. I mentioned a few minutes ago, there are different requirements in the current business zone this property's in and the one in the Page 9 Public Hearing 10/12/99 Mullen Motors Zone Change changing, or seeking to change it to regarding lot coverage, setbacks, other criteria. I heard a comment from the side tonight when Mr. Angel was speaking, and I believe my client indicated similar things to me when I met with him over the weekend. Namely that there were some prior approvals here regarding the parking lot that exists off Cottage Place. Mr. Rumpf added "oh, we're going to add a buffer there", but I believe Mr. Mullen was supposed to do that as part of the prior approval. So the horse is out of the barn, and maybe one of its foals is coming back home, but the horse is still out of the barn. That's not a big deal here tonight. The second thing that I find very interesting, I've heard no discussion of what kind of use this parking lot is going to be put to. Again, in my type of quick study preparations, sifting through things that Ms. Zenk and Mr. Grossman have been working on for 2 years in the course of a weekend. I was told that the existing parking lot off Cottage Lane was represented to be only for employees. That's an accessory use. All businesses have customers and employees, and they need parking as an accessory use. However, very interesting, if in fact we are talking about inventory new and used cars, we're no longer talking about accessory use_ We're talking about a primary use, namely the sale of motor vehicles and then we get into some thorny issues about lot coverage_ If there's a limitation of 30% lot coverage for the primary use and the primary use or great component of that primary use is an outdoor sales lot. Guess what - we should be talking about 50 ft. buffers, not 10 foot buffers. And we should not be talking about a see of asphalt which is the equivalent of an outdoor showroom. That's not an accessory use ladies and gentlemen. That's a primary use. There are many other things again, I'm sure the Mullens are good guys. When I first became a partner with John McNulty back in around 1973, he was driving this god awful peat green Chrysler that had Mullen Motors on the back. I think his father, John Sr. had given it to him. So the name Mullen is indelible in my mind even though I don't know the gentlemen, fi.om almost the first years that I became a permanent resident and attorney, practicing on the east end_ That's not the point. That is not the point. Also, I think we have to think to of the next decade. Everybody's talking about the new millenium, let's be modest, the next decade. However, there are things happening that are going to be critical to the automobile industry. The Mullen's may well not, based on documented statistical studies that I've read, may not need all of this outdoor sales space. It is my understanding that right now, as we stand here and talk at this public hearing, fully 25% of all new car sales are ordered through the internet. One of the most important aspects of this - maybe it's not happening in Southold yet - but it's a trend, be patient. One of the most important aspects of this and one of the most cost-effective efficient aspects for a businessperson is the reduction of costly inventory space. The reduction of costly real estate just to store product. What a wonderful, wonderful, additional benefit to the community that we could have a vital car dealership, a family owned business that employs local people and pays taxes, and still be a good neighbor_ And still be part of the traditional ambiance of Main Rd. as it goes through the eastern part of the hamlet of Southold. And that the traditional car dealer showroom which is modest in size, as opposed to the auto-malls on Rt. 58 in Riverhead could be maintained_ And that beauty and landscaping and modest parking areas could be maintained and that business could still be vital, and the neighbors could still be happy. We have a parking lot here that's proposed to be doubled in size. We don't know what's going to happen to it It's going to be a dead end. I've seen no discussion of drainage, curb cuts, ingress and egress access, traffic considerations. But I know if the only ingress and egress is going to be on Cottage Lane, then my clients home is right down on the next corner. They are going to be substantially adversely impacted from a quality of life standpoint, from an economic standpoint, and fi.om a peace and tranquility standpoint. This is not consistent with a vital mixed-use traditional hamlet where residential and business should coexist happily rather than have a civil war. Thank you very much. Page 10 Public Heating I 0/12/99 Mullen Motors Zone Cbange Supervisor Cochran: Thank you. Is there anyone else that would like to address the Board against7 Please Ms. Julie Sanford: I'm Julie Sanford. I live on Locust Lane. I've been following this for 2 years, and I request the Board to deny this application, and if not den3' it, to please issue a full environmental impact statement. Carolyn Zenk and Adam Grossman are my attorneys. I didn't go into this just fighting for Colonial Comers, I am fighting for this residential piece of land which is part of our neighborhood. It is a buffer, once upon a time there aras a house there. Under tragic circumstances, there is no longer a house there. It burnt down. We all appreciated the beautiful nrees that graced out street that are no longer there. I just find that general business is very incompatible with residential areas. Tonight there was talk about the hamlet centers and residential office uses, limited business. However general business is basically a nuisance to residents. I can't stand to see residential land being repeatedly overturned for a parking lot. I can't stand to see beautiful old houses that once were on the Main Rd. be moved off or tom down. Variances issued out - no one policing after these variances_ All kinds of violations. We bring this to the Board's attention. We document this, 2 years go by, we're still living with some pretty bad circumstances here. Locust Lane has a traffic problem which everyone here is aware of. It's been brought to the Board's attention. We are grappling with the problems of7-11 on a daily basis, coming to and fi.om our homes_ That is a general business. General business with access onto a residential street_ I hear talk tonight that this proposed parking lot is not going to have access on Locust Lane, however, Colonial Comers already has access on Locust Lane. If. in the furore, the Mullens so chooses to expand their dealership which I would imagine that would be the plan, since I've read in the Suffolk Times, many quotes that Colonial Comers is just short term. Colonial Comers is not going to be there, who knows, 10 years fi.om now. Well 10 years from now I don't want to see a dealership at the entrance of Locust Lane. I want to see those houses still there. Those houses, people used to live there_ We had residential zoning all the way up to the Main Rd. Then it was changed to HB, which was a compromise, but we lived with it. It's quaint, it's charming, and people like to shop there. There's also been talk of- Mr. Angel says the Mullen dealership has been there for 73 years. But that's not quite accurate, not in regard of the property that they originally started out with_ There were houses to the west of the showcase building. There were homes, there were people living there. It was a domino effect. After the first house went it was a domino effect, the other house on the Main Rd_. there are photographs. They are now in new locations and our Main Rd. looks terrible. It's suburban sprawl_ That's what's happened. The lighting situation is awful. I can't understand why, in the hamlet, that kind of lighting would be allowed. Whereas Lucas Ford - their lighting goes offat 9 o'clock, and it's angled properly, and I know that's the result of residents on Beaullah Ave. who complained about that and had considerations, some actions taken to take care of this. We brought the same kind of concerns to the Board. We had a documented meeting with Gerard Goehringer in which these concerns were brought up. It's been a year, the lighting is still the same. There's additional lighting as well, that shines into peoples homes on Cottage Place that was put up after our complaints were documented. I just want to say that I oppose this application. I grew up on Locust Lane. I'm 30 years old, I've seen this fi.om being a child, and I can't stand to see any more degradation to the area We deal with 7-11, and all their problems. I don't think that another general business zone should be stuck at the entrance of our neighborhood Mill Colony and Yennecotr - I don't think those neighborhoods would stand, for one moment, to have the entrance to their neighborhood blighted with suburbao sprawl. In fact I know the residents on Mill Colony complain that someone sells one car at the entrance of their neighborhood. Now you say to me - why are we so upset? We don't want it to be a whole bunch of cars, a dealership at the head of our neighborhood. We have a beautiful entrance_ We have Colonial Comers. To say that nothing is going to happen to Colonial Comers is not Page I1 Public Hearing [0/12/99 Mullen Motors Zone Change accurate. ! just want to say Cottage Place lost it's cottages and Locust Lane lost it's trees, and stands to lose much, much more if this application is ~ranted. Mr. Glen Goldsmith: I'm a resident of Founders Estates. I'd just like to comment on some of the prior statements this evening. They allude to the fact that Mullens is going to look like western Suffolk. I've been to western Suffolk, and those pictures look nothing like western Suffolk_ They also talked about how it created more traffic problems. I don't see how that's possible. I can only see how it would help alleviate the traffic. The way it stands right now, anyone who's been to Mullens knows that there's parking all up and down Cottage Place. (laughter) Supervisor Cochran: Please let's give everyone the opportunity to be heard without heckling or catcalls or anything else. Please continue. Mr. Goldsmith: There are cars usually on both sides of the road. There's not enough parking at Mullens. Whereas if you built the additional parking lot, that alleviates the traffic jam that takes place on that road. It would, in fact, alleviate some of the traffic, not create more. Also Mullen's been around for a long time, before a lot of these people were even born. Certainly before I was bom. They're a valued member of this community. I'm a member of the Southold Fire Dept., I know they help us, support us - as well as all other local organizations. They have given so much to this community, I just feel that we should give a little back to them. From a business standpoint, I'm a member ofa thmily business_ I would like to see that Southold Town promotes established family businesses that have been a part of this town for many years, instead of trying to hurt them_ I'm in favor of it. Supervisor Cochran: Thank you_ No demonstrations please. It's fair for both sides - please. That's my number 1. I said I would take Henry Smith. Mr. Henry Smith: My name is Henry Smith. I live down on Hobart Road. I'm a neighbor of Mr_ Mullen. I hear all this talk about traffic problems, everything like that. By building this parking lot, and the landscaping they are going to do, it can only be an upswing for the area. I mean, there's such a desolate look there now, and to landscape something like this, I think would only beautify the area. As far as the traffic problem, I go by this place 4 times a day, at least. I don't see any big traffic problem. Mr. Mullen is willing to do anything. He's certainly not one that's going to harm this town. His father was in business here, he's in business here, and his sons are going to be in business here. People like that are not going to do anything to harm their town. I'm sorry, I think we should approve this because if you want to do something that's going to beautify the area, you should. Supervisor Cochran: Thank you Mr. Smith_ Sir, in the white shirt, you wanted to speak. Mr. William Lieblein: As another member of a second generation in a family business that hopes to see future generations come into mine, I support the Mullen proposal. I've looked at the proposed landscaping and so on, and it certainly looks like it's going to beautify the area. My family's done business with their family for years. I don't go by there 4 times a day, but I'm down there fairly regularly, and I haven't seen the traffic problem there. I'd just like to say I'm in favor of this proposal_ Supervisor Cochran: Thank you. That's 3 fight? I now take 3 speakers that are opposed to the change. Anyone like to address the Boardo Yes ma'am. Page 12 Public Hearing 10/12/99 Mullen Motors Zone Change Ms. Melanie Sanford: My name is Melanie Sanford. I live on Locust Lane. Carolyn Zenk and Adam Grossman are our legal representatives in the motion to oppose the dowxtzoning. Founders Estates is a highly, very dense community. Most of the properties there are R-40, R- 20, and less, It's one of the first communities in Southold Town, and with all of these efforts making new neighborhoods, I don't think that the old neighborhoods in the Town of Southold should be diminished in any way. Especially this particular neighborhood. It is, if you know your local history, the neighborhood where the commoners of Southold Town actually stepped off the boat. Those of you who've come down to Founders Landing, and enjoyed the beach down there - that's all part of the picture. I just wanted to mention that most of the additions at Mullen Motors since 1983, most of the expansions were done under variances and special exceptions. The bubble v,,4ndow showcase. The fact that there's no sidewalk in front of the showcase - it's ripped up and been replaced with macadam, the employee parking. These are our concerns. Michael Pontiac in Peconic. That is a commercial car dealership, however, even though it's very close to the road, it still retains a sidewalk. It's still pedestrianesque. If you go through the hamlet of Southold, and you walk along the sidewalk, you can walk along all the way up the hill fi.om Cherry's gas station, you can walk along the sidewalk, proceed through the middle of town, go past the historical society and go past JoAnthonys restaurant, walk all the way up the hill until you get to the car dealership_ There's no sidewalk. Once you pass the car dealership, again, the sidewalk continues - you walk along the sidewalk in front of Colonial Corners, there's even a sidewalk in front of 7-11. It is not pedestrian friendly. Someone fi.om the audience: You're complaining about a sidewalk? Supervisor Cochran: Ladies and Gentlemen - please, Sir, please, I will ask you to leave. I'm serious now. You give the cottrtesy to every speaker. Please continue. Ms. Melanie Sanford: The hamlet district in our town runs all the way from just beyond Town Harbor Lane through the historic district past the church. I'm just very pleased that the hearing is going to be kept open, and I just wanted to say that I'm asking the Board to please say no to this application, and in the event that you still entertain it, we'd like to ask for a full environmental impact study. Thank you. Supervisor Cochran: Thank you very much. I have 2 more opposed. Opposed, Sir? Mr. Richard Fredrick: I'm Dick Fredrick. I live at 385 Cottage Place. I'd like to respond to something that Mr. Angel said. I believe he gave an affidavit that nearby residents were notified by registered mail. I am truly a nearby resident, but I was never notified. As a matter of fact I wrote the Town Board, the Planning Board, the Zoning Board of Appeals over a year ago, and I'd like to request that the correspondence be made part of this action. Supervisor Cochran: Do you know about when it was, the date? Everything that comes into Town Hall is documented, we'll find it. Ever3a:hing's listed. Mr. Fredrick: I've heard discussion tonight about the preservation of the hamlet. I'm not an attorney. I moved here because I got tired of driving on Jericho Turnpike, seeing what happened to those areas up island. I move here because I read in the papers that the Town Board that may have preceded you and include you that were people who were interested in the preservation of the hamlet and the way of life in Southold. That's why I moved here. I bought a historic old home on Cottage Place, invested my hard earned money in it, and would like to see the value of Page 13 Public Heating 10/12/99 Mullen Motors Zone Change my home be repaid, maybe even grow. This action isn't consistent with that. Since I've lived here, I've seen conditions deteriorate on Cottage Place. For those who glibly say there's no traffic problem, [ would like to invite them over when a car carrier comes unloading cars on Cottage Place, making noise, a lot of noise. It goes down Cottage Place, tums around, and more often than not, it runs across the corner of my lawn. In my mind that's a deterioration of the hamlet. I hope it doesn't continue. I would urge the Board to deny this request, and consider it sincerely. I feel it would have a negative irapact on the value of my property, and my way of life. I've lived with the lights shining in my bedroom. I can only believe that's going to get worse. The traffic problem is real. Someone should go count the cars someday and reduce it to quantitative numbers. I came by there this afternoon on my way home ftom work. I couldn't get down the street until I waited for cars to be serviced, to be moved, traffic coming the other way was held up. I believe it's a serious safety hazard_ I go by there, people just walk across the street without looking. Children in the area are put at risk when they go down to catch the school bus and come home fi.om the school bus, and the cars are all over the road_ You can't get past. It's gotten worse. It's not my imagination, I've watched it get worse_ I will point out that as near as I can see what's been presented here - no access on Locust Rd. which means the access to garage facilities to the parking lots that are there to the proposed new parking lots is all still going to be on Cottage Place. I don't see how that's going to alleviate a traffic problem. [ thit-Lk that's about all [ have to say. I would like to reiterate my opposition, and I hope the Board will continue to uphold the idea of the preservation of the hamlet. Supervisor Cochran: Thank you. I have one more. Sir? Mr. David Liss: My name is David Liss. I live at 315 Cottage Place. It's directly south of the employee parking lot, I believe it's called. That's not only an employee parking lot. All hours of the night, tow trucks bring in broken down cars. I guess they're broken down cars. You know, the tow trucks come in, the lights are going, and they put a light along the fence. Mr. Rumph you said that - Supervisor Cochran: Not back and forth. Address the Board please_ Mr. Liss: They said that they proposed buffer along that fence that's south of the employee parking lot. It was my understanding that the buffer is already supposed to be there. There's supposed to be a 15 ft. buffer at the tree line there. There is no ~'ee line. There is a chain-link fence and cars back right onto the fence. The fence is actually leaning onto our property. In some places where the cars back into it and lean it over. I don't know why that buffer isn't there. I know they are proposing to put it in, but I believe it's already supposed to be there. That's about it. I oppose the zone change. Supervisor Cochran: Okay. Thank you_ Someone like to speak in favor of. I'm going to take Bob, Jeff, and I'll take Mr. Samuels. Next time around, I'll Ixy to get you other gentlemen. Mr. Robert Jenkins: I'll take a couple of items. The property as it is now is not residential, so you're not changing residential to business. It is already business. It's a hamlet business. So it's not that much. Secondly, the property in question is unsightly, trashy, full of retrain, possibly dangerous, empty lot. You can have a nice, neat, clean, safe, well landscaped, pleasing to the eye parking lot to alleviate some of the traffic that the people on Cottage Place are complaining about. Thirdly, we are not expanding the business. All we're doing is creating a parking lot. They do not operate at all hours because I've been there, and they're closed at night, when I've tried to get something done. They have never, to my knowledge, knocked do'aaa any houses in Page Public Hearing 10/12/99 Mullen Motors Zone Change order to expand their business. The traffic problems in the area are more fi.om 7-I l than they are from Mullen Motors. Since when does a business owner who's been in existence build sidewalks? That's the town's job to build sidewalks. Do not deny the basic rights of expansion for an existing business solely because they're successful. Supervisor Cochran: Thank you. I had Bob, then I had Jeff, and then Tom. Mr. Jeffrey Strong: My name is Jeff Slrong_ I'm a business owner and resident of Mattituck on the North Fork. I'm here on behalf of Mullen Motors, their family and their application for the zone change. As I listened to the attorney who was speaking against, I wrote down a few, actually 10 of the things that they indicated that they were against. As an educated person trying to look at things from a balanced view, I'm not so sure it was presented to me as a balanced view_ That the community would be forever changed if this zone were to be changed. That was the attorney's argument. I agree with him. I think it would be forever changed. I think it would be forever improved. I think these pictures represent it that way To suggest that they be forced to move to a new' location such as to move to Rt_ 48, I think is totally opposite of what the master plan has presented itselfi I think it's totally opposite of what the vast majority of people who live and reside in Southold Town on a year round basis want. To suggest that it looks like suburban sprawl, and a suburban neighborhood, again, I think these pictures represent, if that's what suburban neighborhoods look like, I think that's a place where I want to live. Visual blight, same thing, we have many homes in this area, and many homes not far from Mullen Motors that I think would be proud to look like that. To say that it would detract from the rural community, I think it would definitely add to the rural flavor of the community. To say that Mullen Motors won't be there forever, I guess that's a true statement. You can't necessarily say that they are going to be there forever. They have a very long track record_ They have a family history, and this is not just about law, this is very much definitely about people, and the way that they're able to execute what the commitments are that they make. I think they have a very good track record for executing that. As far as the txees being cut down in the proposed parking lot area, there's no doubt that there are some old trees there_ I've gone through it myself- looked at the plans, walked the property. I'm sure there will be a change of trees, but I think the txees that are suggested to be planted there will definitely look greener on a year round basis, and I think they will provide a lot more buffer than what has been there in the past_ In terms of the needed space for the parking lot, there's - in my opinion - a traffic problem on Cottage Place, but not a traffic problem in the extent of lots of cars going up and down the road. I think there's a traffic problem by the fact of not having adequate parking. That's the way it shows up to me when I drive down that road or visit there for service_ I think that by granting this space for a parking lot would help alleviate what some of the neighbors have a valid concern about_ I think this would help alleviate that. In terms as having them as long good standing area on Rt. 25. Our people want them there for service. To suggest that they're not going to need the extra space because of the intemet, I think that may be true tbr some mega car dealers possibly, this is not a mega car dealer. This is a family business made up of a lot just like a lot of other successful family businesses on the North Fork. And that first and foremost that derivative is service. They are going to be here, they need that extra space because of the service. They sell cars, not because they're a mega dealer. They sell cars because they are first and foremost about service. As tar as the status of Colonial Comers, 1 don't know what they're intention is with that. I would think that that would be a good question that might be some area for a conversation bet~'een the neighbors and the Mullens. I honestly don't know. But as someone said earlier, they have a very good track record for trying to do the fight thing, and I'm sure there can be some conversation there that would look and sound like doing the fight thing. That was my comment. Page 15 Public Hearing 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Thank you Jeff. Mr. Samuels? Mr. Thomas Samuels: Tom Samuels, again. I have a slightly different approach. Six and a half years ago we had a study the called the US UK Study. The conclusion of that study was that we should keep business in the hamlet, within a mile and a half of the post office_ There was an informational held in Southold lligh School which was filled. That's where this meeting should have been held tonight. Supervisor Cochran: Unfortunately we didn't know there'd be this many people attending_ Mr. Samuels: You should have called, I would have told them. Supervisor Cochran: You know that works 2 ways. You could have picked up a phone and called me. Mr. Samuels: I should have. Supervisor Cochran: Thank you_ Please continue. Mr. Samuels: Well, so here we have the conundrum. You know, my son was the chairman on the US UK Study, and I had the final report, and I had many, many discussions with him. The principle idea I had was that I think it's great to keep business in the hamlet_ To keep everything close in the hamlet. I think it's terrific_ But the problem is when anyone wants to do anything in the hamlet, you're going to have a wemendous amount of objection, For the people who live close to the hamlet, their homes as just as important to them as mine is on Nassau Pt. The same old problem again, it's called not in my backyard_ Now I've know the Mullen family for many years. I don't know what Southold would be like without that Mullen dealership_ I don't find it objectionable at all, not in the least. Take a look at Apple. Go up 58 and see what those car dealerships look like. Try and get service on your vehicles if you buy them up there. I've bought a couple of pickups a year, and a car every couple of years fi-om Dick Mullen. The integrity of that family is remarkable. They are actually remarkable people. I like them so much, I feel badly that they've been through this. I can't understand why the Suffolk County Planning Commission didn't get the letter out in time. That's very interesting. I don't know when it went in, when the request went in. It should have been at that October 8th meeting. I don't know what the excuse is for not meeting that deadline. Because it is essentially a rubber- stamp local issue_ I spoke to a member of the Suffolk County Planning Commission. It's a local issue. You get those all the time. It should have happened. You should have been able to vote. I am not placing a mysterious sign on this at all. I'm not saying there's a plot. What I feel so bad for - for 2 years they've been trying to do something. I have a piece of property in Southampton that I've been working on for I l years. So I know the frustration that you hear in the incomplete application, the fantastic game that you play. We want this, bring it back because you forgot to ask for this, and again, and again, and again. Supervisor Cochran: I don't think that was the case, but please continue. Mr. Samuels: That's not what I'm saying. What I'm saying is I think the vast majority in Southold is in support of business applications. I think it would be a mistake to deny it. I think it would be sending a message to the business community that yon have little concern for this. Page 16 Public Hearing 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Thank you Mr. Samuels. I will noxv take speakers opposed to the zone change. I'll take Mr. Meinke and then I'll take Jean, Mrs. Sanford - is there anyone else in the 7, 3? Mr. Howard Meinke: I'm part of the North Fork Environmental Council. It's really a very difficult issue. It's a long-standing member of a community, that's obvious. It's a good, well run, business, that's obvious, but there are some other sides to it. The business for one reason or another, is outgrowing its location. It needs to be looked at. I think that that's very clear- The past weeks we discussed the hamlets at great length. We agonized over various Rt_ 48 questions in order to never knowingly damage or weaken the hamlets. What is an LB? What is an RO? How can we word these changes to protect the hamlet and hamlet residents while being fair to the effective business owners? Now in regard to discussing the proposed expansion of a nonconforming use within the Southold hamlet - we have an auto dealership in the hamlet facility currently on an island of general business property within a hamlet business and residentially zoned area. It's a fully conforming use in the general business zone. This type of business is unfortunately, I think, at this point, out of place in a location like this in a hamlet. But it's been there a long time, and if that happens, that's nobody's fault. To add to an already difficult situation, there is a part of the operation that is currently a parking lot that is a pre- existing non-conforming use. The application seeks to expand this nonconformity into the residential area. On top of that, this application seeks to change the Colonial Comers to general business zone while simultaneously stating that no actual change in use is being contemplated. Now this is an extremely strange sort of request, to want the zone change without any apparent purpose for it, and it appears to me that this has a lot to do with the resistance of the part of some people who are opposed. I don't think that of the .31 acres. But the Colonial Comers is a very nice little business development the way it is. To say that we want to change the zone to business, but we're not going to execute our right to do that; it's hard to understand the reasoning behind that. I think that's off-putting to many people that are here. In light of the applicant's long history in Southold, his business plans have not been taken lightly_ In fact this subject has received enormous attention as it has worked its way through the system. In following through with this type of scrutiny and to ensure proper study and a fair hearing, it is necessary to do as attorney Carolyn Zenk requests in her letter to the Board. A positive declaration and a full environmental impact statement is called for for fair treatment of the Southold hamlet and the residents as well as the Mullen ownership demands this much. After all that investigation, nobody can say anything was short-circuited had a decision been made one way or the other. But it should be given all that attention, and done correctly. Thank you. Supe~'isor Cochran: Thank you Mr. Meinke. Ms. Jean Sanford: Hello. My name is Jean Sanford, and I live on Locust Lane right next door to the Mullen Motors expansion. I'm not right adjacent to it, but my heart goes out to them. They suffer with lights, constant noise. We have enough in our neighborhood with 7-11_ Anyone who can say "I recommend this" while they are living on Nassau Pt. in a nice, quiet, wooded, place, I think should come down and maybe spend an evening living next to this_ As far as the stewardship task force, though I'm not familiar totally with it, but I don't think they have a car dealership in England where they did that study. They have only the butcher, the baker, the candlestick maker - I don't know what businesses, but a car dealership is not a hamlet business. It's nice to keep all the businesses in the hamlet, that's fine, but this is heavy use. It's not, you know these car carriers, they even come down the Main Rd. It's a very dangerous area. What comes to mind is when Junie AIbertson, he's never brought up in the main subject. Nobody ever says anything about Junie. But he came, and he said he wanted to downzone Page 17 Public Hearing 10/12/q~9 Mullen Motors Zone Change Colonial Corners_ He came do,m, and a lot of us weren't too enthusiastic about that going in although it's very beautiful. He told us not to worry, I'm not going to put up any 3 story buildings to block the view, or do anything that would make it bad for the neighborhood and everything. And now, after all these years, I mean back then, he said, don't wort3', the Board would never let me do anytking to harm the character of the neighborhood or the Town. Now he wants to sell this to the hard intensive use of a corporation. Maybe it should revert back to residential like they're doing up on the North Rd. Because it is residential, and Mrs_ Lucy's property cuts way into our neighborhood. And as far as the berms and buffers, that is a stereotype west end developer suburban solution, and it's as ugly as what it is trying to hide. I'd feel like I was living up island if I had to ride by past all that kind of manicured hemlock stuff_ And let's not forget the beautiful woodland that was destroyed. Nov., I don't want to hear that it's going to improve this lot because it's ugly now with these stumps. Because those stumps are there because they were cut when they shouldn't have been. I have pictures of the street when it had magnificent maple trees - you knew that you were in a residential community_ You were past the business district. It's our home, it's our neighborhood, it's our entrance. I just want to ask the Board to honor the agreement that Junie had told us that he would never do anything to hurt the character of the neighborhood. I'd like to ask you to deny this application. Supervisor Cochran: Thank you Jean. Is there anyone else opposed? I want to stay with the 3 and the 3. But I'd first like to see if there's anyone who hasn't spoken yet. Is there anyone against this application that has not spoken? If not, then I'll take you comments. George, I will take the 3, 4 in favor_ Am I counting properly, I think I am. Mr. DiPietro: Very briefly. Just something that Mr. Fredrick said that caught my attention. I thought about it earlier, and I'd just like to make it part of the record. Mr. Fredrick mentioned some correspondence that he had made to the Board at an earlier time. In my quick review of this file, it seems to me that over a 2 year period, there's been a lot of dialog, correspondence, petitions, meetings with Town Board members, Planning Board members, Zoning Board members. In the sake of brevity, and also in the sake of building a totally comprehensive record upon which your board will ultimately make it's decision, I ask you right now - the supervisor gave me the hint by saying all the records are in Town Hall so you are the best ones to know where everything is - I ask you right now to incorporate, by reference, all correspondence, memorandum, contact reports, minutes of meetings of any size, shape, and form been previously had in connection with this application, by members of the community, consultants, proponents, opponents, so that ultimately wherever this decision goes, now or thereafter, there's a full and complete record to be scrutinized. With regard to the traffic issues, I would very, very, much ask this Board whether it is was gratuitous, or part of a plot that you take advantage of the period of adjournment until November to conduct your own independent traffic study. Because traffic study, generally, is big issue here. Certainly it's a big issue as far as Mr. & Mrs. Fredrick are concerned. And if we are talking about the expansion of the primary use of a car lot, a car sales lot, and a car repair staging and queuing area, and not accessory employee and customer parking, then you've got a big issue, an environmental issue, it's a threshold issue, and cannot be ignored_ Rather than rely on one consultant or another who is being paid to represent an interest, to conduct your own independent study and have that at the November meeting. Thank you very much. Supervisor Cochran: Thank you. I will now take 3 - Mr. Penny - this gentlemen, you've had yours up earlier, and Ray Huntington. Page lg Public Hearing 10/12/99 Mullen Motors Zone Change Mr. George Penny: Hi, George Penny, I'd like to urge the Board to assist the Mullen family in being able to deal with their future. Up until now, no one has said that they want Dick Mullen out of there, they just want it made prettier. Unfortunately, this changed under the last couple of speakers. I don't think that Dick Mullen is going to go away, and I don't think the neighbors are going to go away. The gist of what we're dealing with here, the lights, noise, buffing, and traffic are all dealt with by site planning. What this can or can't have is dealt with. There were several issues brought before the town and they were just for nightfall, lights put off a certain time. The same with a Texaco station on 48 - there were complaints from the neighborhood, and special accommodations were made to it to address those concerns also. There is nothing that I see here that can harm the community. Dick Mullen is going to improve the cluster of traffic from Cottage Place and take it off the road. I know it's a little bit of havoc when you go to drop a vehicle offthere because you don't know where to drop it There's people already parked on the street. He's going to move it offthe street so customers can use the space, and it's going to be better for everybody. I strongly urge that you go ahead with this. Thank you. Supervisor Cochran: Thank you. Sir? Mr. William Penny: My name is Bill Penny. I live in the area behind Mullen Motors. I've only been there a few years, and I bought the house there. I've always been able to deal with driving up and down the street_ A couple of times I've had to stop when someone is pulling out. I have a hard time believing that a parking lot, especially again, as Dick has portrayed it's got to help. Dropping a vehicle off, or a disabled vehicle that's being towed in by a tow truck. I know the Mullens will bend over backwards to comply with some of the other issues that people have. I feel that it's a growing business, just like any other business_ They need the room. I have no issues with the Colonial Corners property applied there and what happens with that I'd like to see that that stay the same. I do really feel that they need more room, and I think it will help the congestion. As long as it's done tastefully, I have no objections at all. I think they should be allowed to put that lot in. Thank you. Supervisor Cochran: Thank you_ Mr. Htmtington? Mr. Huntington: I think the Board is most properly concerned about the future use of this property and others like it. The end result of downzoning, we've been talking about tonight, the future use is of great concern. We want to be concerned because of our environment. The environment means a lot more than just trees and fields. It means, I think, in the Town of Southold, it means people look you in the eye, they do what they say they are going to do, and that it doesn't come out, they fix it, and I think the Mullens have proven that over the years_ So, yes, we're probably on a dilemma here_ We've got to get offofit, we've got to go one way or the other, and I think it's for the environment. I don't mean to minimize the things that have been said by the people that live in the area, but if we're going to make open space work, and preserve the environment that we know about, we do have to move things into the hamlets, we have to allow the hamlets to grow, so that we can have the open spaces. There are a number of things. That, plus the fact that I trust what the Mullens will do. That's personal fi:eling on my part, certainly demonstrated by track record that they are going to make this a better Southold in this area. I urge you to accept that proposal. Supervisor Cochran: That was 3 in favor of. I will ask it there's anyone else that would like to speak against the first time around? Anyone else that has not spoken? Yes. Page 19 Public Heating 10/12/99 Mullen Motors Zone Change Mr. Fred Martin: Good evening Supervisor Cochran and the Board. I think a lot of people know I've been against this fi.om the beginning. My biggest concern, and I guess I have to look at this - when you're looking at rezoning a piece of property right now that is owned by a business, anything can be permitted. Suppose there was no plan to do anything there, the question I have; why does this have to be rezoned.'? That's the question the Mullen family should be answering to the Board. Everything is contingent, the sale of this piece of property is contingent on this rezoning If they can make nonconforming buildings now, why couldn't they do it on the property the way it sits - either the R40 or HB? That's what scares me. If they - let's just say Dick Mullen's family decides they can no longer expand down at their present location. They decide to move and sell out. That property's been zoned business then what can move in there? That's where my question is in this whole thing. Nobody has come up with any answers to that. I really haven't heard any comments from the Mullen family whether it's in the paper or whether it's here tonight. I've seen site plans, but my understanding is that site plans have been submitted for other nonconforming uses, and they didn't conform to them. So it leaves a question in my mind. The Mullens family has a business to run, and I understand that. To keep the business going, you must expand. I don't think it's anybody's fight to tell them to move, and I'm certainly not going to, but the question comes down to why do you have to rezone? Because once that gets done, and they decide to ever move, anything can go up. So, standing on that, I'm opposed to the application_ Thank you. Supervisor Cochran: Thank you Fred. Is there anyone else against? For the tn:st time. Yes ma'am. Ms Julie Sanford: Hi. I'm Julie Sanford again. I'd just like to point out. I think it was Mr_ Jenkins. He said he had never heard of a cottage that had been torn down by the Mullen Motor Dealership. I just would like to clear that up that, yes, the Finney house on Cottage Place where the present employee parking lot now stands, that was where the house used to be. I just wanted to clear that up. Yes a house was torn down for a Mullen Motor car parking lot. Along with other houses that were removed offthe Main Rd_ We have never said that the Mullen dealership should totally up and move away. We are being reasonable. We are asking you to use what you have now, you have main road visibility. Please do not further expand and recede backwards into the neighborhood, or ruin our Rt_ 25 scenic view. As far as all these buffers saying beautiful parking lot, that's kind ora conlradiction of terms - a beautiful parking lot. We are all supposed to look at this site plan for a parking lot and say oh, how beautiful. I feel like we're all looking at the emperor's new clothes and saying, oh they look great, but there are no clothes. I also wonder with all these buffers and trees and berms, how much land will there be to park cars. I also have some ideas that the tow~ had been tossing around as to what to do with heavy uses in the town. I understand we don't want to ruin our north fork vistas, but I do recall there was talk of placing heavy uses near the railroad tracks with north / south access. What has happened to that idea? Is that still part of our master plan? Whenever the master plan is finished or created. For people that live on Cottage Place, if some people find that they can tolerate conditions there, not everyone can. Everyone may like nice, quiet streets, no traffic, being able to fide you bike, take a walk without worrying about being run over by a giant car carrier, or getting run over by a tow truck. We all have to be very alert in our neighborhood watching out for things. It's just very unnerving to witness this giant car carrier going up on properties. This is a residential neighborhood. If this is a main road business, these things should stay up on the Main Rd., and not be coming into the neighborhood. We have enough traffic in our neighborhood just from the residents coming and going from the Main Rd. that we can't take the traffic fi'om these Main Rd. businesses. I don't see how expanding this business is going to alleviate matters. Cottage Place congestion, I don't see how Locust Lane should be the solution to the mess on Cottage Place. Page 20 Public Hearing 10/12/99 Mullen Motors Zone Change When you expand something, it creates more material demand, and it triggers all additional things, more lighting, more traffic, more metallic cars, more ugly signs. It just creates more the same, and I don't see the logic behind that. Thank you. Supervisor Cochran: Thank you. I would like to now give the opportunity to anyone who has not spoken. Either pro or con. There are many people who have been sitting here for many, many hours. I've tried to handle this as fairly as possible, and I think I have. But at this point, the hours is midnight. I think the hearing is not going to be closed tonight_ You can come back on the ninth and continue this, but due to the hour, I will take anyone who has not spoken on either way. I'll start on this side of the room. Mr. Foster and then Mr. Lizewski, and then the gentlemen in the doorway. 2 gentlemen in the doorway_ Go ahead. Mr. Artie Foster: Anie Foster. 73 years in business. Probably more years than most of us in this room have been on this earth. The man wants to create a parking lot in a nonconforming use piece of property and get a zone change. We're going down 48, and 124 pieces of land have changed into zones. He's been waiting 2 years, and we can't do something for this man. I think that's a crime. All you landscapers that are creating this false beauty with your bushes, you're out of here. Supervisor Cochran: Attic, please_ Mr. Foster: I'm a local businessman in this town. I know how hard it is to do business around here, and how difficult it is when you have to deal with everybody_ I remember when McDonalds was coming. All the people walking by and the posters. McDonalds is one of the prettiest buildings in this town. All the fears have disappeared. I don't see papers all over the road like everybody thought there were going to be. The traffic problem isn't there. I think the man should be allowed to continue his family owned business for another 73 years. Who knows how long anything's going to be there.'? When those stoves start cooking, we're all going. Supervisor Cochran: Stop spreading fear. Mr. Foster: You can't move in next to the airport and expect the planes to stop flying. There has to be a reasonable solution. Supervisor Cochran: Thank you. Mr. Lizewski. That's a hard act to follow. Mr. Joseph Lizewski: Yes it is. I would just like to say that if somebody reads the paper and thinks that tourism is our mainstay of life, most of us in business would like to find out where the tourism is November, December, January, February, March, and April when our taxes come due and everything else. Tourism is very nice, but it's certainly not a mainstay for most of the local businessmen. Most of us who live here year round know that. I think that one of the things that keeps being broached is why Mr. Mullen would want to have this whole thing zoned business. As a businessman, I can tell you that it's probably money. If I was to buy their property, and I couldn't have any use for it in the future, and I was paying a certain amount of money for it, I certainly wouldn't want to buy it. It's just that simple. It's dollars. It has to be. If your not going to have a value - if you're not going to have a chance to use it in the future, why would you buy it? And the other thing is, I don't know if people realize how tough it is to go through the site plan process around here. I mean basically you could do nothing in this torch without going through a very rigorous site plan. You might not have any rights to your business property unless the Planning Board decides to give them to you. Any changes that would be made, even Page 21 Public Hearing 10/12/99 Mullen Motors Zone Change on an)' kind of property, B, LB, an)~hing. This determining site plan may take years. And those determinatious can be fought here on this open forum. They usually are. It's not easy to give changes on the North Fork, and it's certainly not something that you can assume that just because the zoning change was given to you as business anything's going to happen to it without having a say on it. The Planning Board is very tough to get through. Anybody who's dealt with them knows that. You do have another recourse, if I was a businessman, and I knew that that was zoned wrong to begin with, and I could never use it for any of the uses I intend to use it for in the future. Or I may Wy to get something else done on it, why would I want to buy it? It's one of those things where you can ask, but if you want to pay for it, I think that's fine. I don't blame anybody for trying to get what they need to expand their business. In this town, how many successful businesses can you have? Look down the road at all the empty stores you have in Southold. Here you have a successful business, and here we're trying to stop this successful business from continuing. Again, a lot of these complaints, like George Penny said that the sidewalk, the lighting, all these things - they are addressable. I think they are addressable through the site plan, and those are really small reasons if you really want to get down to it. I think you'd find that something to this magnitude goes through - that those things would be addressed. They could be addressed. I don't thing the Mullens are backing down from addressing those problems that a lot of people have addressed here. I think that there's a feeling here that something's going to happen here that shouldn't happen. On the other hand, if you put yourself in his shoes, you end up paying a large amount of money for that property. Would you buy it if you thought that you would never be able to use it for what you may end up doing in the fitture? Or allow your business to expand comfortably? Especially after what you're going through in the first place. Two years of this nonsense trying to get it zoned, or to even consider buying it. Would you do it? I think some of the people who complain should just try to put themselves in the other persons shoes for a little bit. Maybe you can soften a little bit on how you really feel about this. Because if you had that business, and you wanted that property, what would you do? Would you want a zone change betbre you bought the properly, or would you want to buy property that you couldn't use for anything, or you couldn't improve the way you wanted it? So, it's really clear to me that Southold still has to grow. We have a tendency to stop all growth. We have a feeling that we want to shut the door somewhere past Laurel, and we don't want anybody to come in, and we certainly don't want it to grow. But I've always said our greatest export is our children. But business is business, and people still have to have it. We need those service industries. This is not one that's going to go away. Some of these problems that people talk about are not going to go away. The truck that delivers cars is not going to go away. The zone change has nothing to do with that. You're not going to stop that from happening I go down there and drop offmy car, I search for a parking place. You're not going to stop me from riding down that street. I can ride up and down that street all day and do nothing. That's a public street. Some of the things that people want are not going to go away, and they're not going to change. I live on a comer in Cutchogue. There's not much I'm going to change about traffic on my comer, I'll tell you that. It's a public street. You can't do a lot about traffic on a public street, unless you own it. There are a lot of fears, and I think, a lot of misconceptions about what can really happen and how easy it's gning to happen. That property gets zoned business, it's not an easy thing for Mr. Mullen to do anything else with that property. He has the right to go to the Planning Board to get the right to do it. Everybody thinks that you have - (tape stopped) It's not going to happen_ A lot of these fears that people have, thinking it's going to be so easy. They are not so easy anymore. There have been a lot of Board changes since 1995 that make it almost impossible to start, l'm tbr Dick Mullen's zone change. Thank you very much. Page 22 Public Heating 10/12/99 Mullen Motors Zone Change Supervisor Cochran: Thank you Joe. Gentlemen, there's 1, 2, and then 3 in the doorway. The 3 gentlemen in the doorway with you finger up. Either pro or con, please. Then I'll go to the middle. Then I'll go to this side of the room. Mr, Frederick Schoenstein: My name is Fred Schoenstein, I'm a fellow businessperson in the town of Southold. I'm here on behalf of the Mullen Motors proposed, I'm going to call them improvements, not expansion. It is a tbrm of expansion, but all the problems that I've heard tonight about the parking and the cars being in the road and stuff like that, even possibly car carriers. If there's a lot that's in the back that will take 35 or 36 more vehicles than right now, than what's the difference if it's an employee that's parking in that spot or a customer that's there for a service, or if it's a new car, or if it's a car carrier possibly turning around to go back out onto the Main Rd. I don't drive a Dodge, and I don't drive a Jeep, but I've known the Mullens for 25 years. My opinion, he runs a first class operation. His business is a big asset to our community. More that supplying and servicing vehicles that you drive. How much taxes does this man pay? How many donations does this man make? How many families rely on their paychecks from this business? I am sure his payroll is up there. This money goes into our community, and is a big benefit. Here is a family business that is fortunate enough to survive for 73 years. Fortunate enough to have the money to expand and do it right. I saw the proposed parking area plan with the extensive landscaping and berms. It's probably going to be the most expensive parking lot on the North Fork. It looks more like a park, and not like a parking lot_ I would hope the Town Board will vote in favor of this improvement. I'm sure if it's passed, they will do a first class job, and it will be tastefully done. Thank you. Supervisor Cochran: Thank you. In the plaid shirt. Ms. Linda Bertani: I'm going to be out of the country on the 19~h. Supervisor Cochran: You shouldn't say that publicly. That you're going out of town. TV has run out of film. Go ahead. Ms. Bertani: I'd like to speak in favor of the zone change for Mullen Motors. My mother lived on Founders Path. Prior to her death, she used to go maintain office at the Wharfhouse. I was in that area a significant amount of time, and I never really noticed that there was a bad traffic problem except of course, on Cottage Place, and everybody has to say that. I think that this proposed parking lot is really going to alleviate that, and I think it's going to be also a good thing when that parking lot and the buffer goes up on Locust Lane. Because after I'd go to visit my mom, I'd go to 7-11 for coffee at night. All I saw in that vacant lot was kids hanging out throwing garbage all over the place. So, I think this is going to alleviate that and I think if I lived on Locust Lane, I'd like to see that alleviated. I am in favor of changing. Thank you. Supervisor Cochran: Gentleman in the plaid shirt_ Mr. William Witzke: I'll try to keep it brief. My name is Bill Witz&e. I'm a second-generation business of family business here in town, across from the Mullens. My family owns property across from the Mullens. First of all I'd like to say that they have been a great neighbor. Second, if these individuals have such concern that this business is causing such a hazard to the neighborhood, and if they feel that strongly about it, and they feel that possibly they should move out of the area to a second location, so be it. But I would say put your money where your mouth is and offer the Mullens fair market value for the property. Which we know is kind of ridiculous. It's very easy to stand back and say that they should stop growing at this point. Where do we say Page 23 Public Hearing 10/12/99 Mullen Motors Zone Change the business should stop growing? Why is it so successful? He's successful because he's doing a great ,lob with his business, and fortunately, he isn't causing some of these problems, his neighbors are causing some of the problems by (inaudible). I strongly suggest that the town look at this from a common sense of the point. Stop wasting all a lot of time and money. Mr. Mullen spent a lot of time and effo~ on this thing. It's time to put this thing to rest and resolve it. Supervisor Cochran: Thank you. Sir? Mr. Thomas Sledjeski: Thank you very much. I'll keep it as brief as possible, it's getting late. Madame Supervisor and members of the Board. I live on 1170 Highland Road, Cutchogue. Ladies and gentlemen of the audience. So far we've heard a lot of speculation in opposition to this potential zone change. Quite frankly, I think the speculation really leads to fear and fear can lead to falsehood. I urge you to use common sense which would lead to logical discussion and hopefully fact finding and truth_ The one issue that I don't think has been addressed enough is the drain that we suffered around here in the losing young people to the western end or city jobs or someplace else. This is a family which supports, not only themselves, but at least 30-35 other families. Local families, hard working families, people who need the jobs. The tremendous drain of friends that I've seen that have left this area, friends that I'm sure you've all seen - my generation and younger people - push these people that have stayed. One of the reasons they left was because there aren't jobs. There aren't many people who can look themselves in the face, and in the mirror every morning, face themselves and say, you know what, I support this community_ I support their many families, I'm a good friend, I'm a good neighbor, and I'm a good citizen for this town. Thank you very much. Supervisor Cochran: Thank you. I will take you, ma'am. Then who else had their hand up in the middle? Okay, I'll take Ed Dart. Ms. Therese Simehiek: Good evening. Terry Simchick, New Suffolk. Supervisor Coehran: Ed, I've got 2 before you. Ms. Simchiek: I'll be brief. I'm Therese Simchick from New Suffolk. I do not know Junie Albertson. But I know Rich Mullen. Rich Mullen is no Junie Albertson. I don't think they are attempting this zone change to rip down Colonial Comers. It's never been brought up. It's never been posed that they are going to take the whole area and change it, and destroy all the buildings in Colonial Comers. The issue is the small parking lot area. I think that should be focused on_ It is a small amount of land, and I do believe it will increase the beauty of the area. My husband works for Mullen Motors. On behalf of the many employees that are here tonight, I would like to say that they have provided enough opportunity for us to stay here. We just had a high school reunion. There are people I grew up with that live in Glen Cove, and say; how can you afford to live in Southold Town year round? What's your husband do for a living? Mullen Motors provides a retirement plan for my husband. We're allowed to stay, to live here, be in the community. Rich and Bill Mullen and their wives want to keep the business going They haven't ended it in the grand exodus like a lot of people we grew up with. They want to stay and they want to continue to contribute to this community by providing a livelihood for all of us. I know that's just a bit of emotion from me because I am involved in it in that respect, but logically, it seems to me that it's a small area. We need to focus just on that parking lot area. They've complied with everything they've been asked to do, and we strongly urge that you support their request. Thank you. Page 24 Public Hearing I 0/12/99 Mullen Motors Zone Change Supervisor Cochran: Thank you. Yes. Ms. Barbara Szczotka: I'm Barbara from Southold. I'll try and keep this short and simple. Supervisor Cochran: Thanks Barbara. We have to be back at 8am to do budget. Ms. Szczotka: My heart goes out to the Mullen family. We also work in a family business on Rt 48 which is - Supervisor Cochran: We're familiar with it. Ms. Szczotka: I brew up with Dick Mullen. My kids and his kids went to school together. His business has been there 73 years, ours has been there for 65. He's been there longer than we have. His business has fortunately grown with our town. This has been a successful business, family owned, for 73 years. I can tell you why. Because Dick Mullen is a kind and considerate upstanding citizen, as well as his family members. Most people would vouch for the fact that he is honest and straightforward. He certainly does not wear a pinky ring or gold chains around his neck, white shoes (laughter). A lot of businesses in this town have changed hands or gone out of business. He's still here and that should tell you something about this man and his family. I'm sure that most of the people in this room have bought a car fi.om him at one time or another, and used his services. His customer service department is one of the finest, and is ranked No. I in the nation. Just ask any of his patrons. His awards also testify this. Did the neighbors to Mullen Motors have a blind eye when they moved into the area? Didn't they look around at the surrounding properties? He was there before they were. They should have been aware of the type of business he had. He certainly would not do anything distasteful to his property or to anyone else's property. He cares about our town, and the quality of life here. That's why he still lives and operates his business here. Town Board wants to keep the businesses in the hamlet, well here we are again_ Mr_ Mullen is trying to keep his business in the hamlet at the price of some of the businesses on Rt. 48. I respectfully ask that you let Mr- Mullen go ahead with this plan, and continue to serve our community as you always have with the utmost of honesty and integrity. Supervisor Cochran: Thank you. Mr. Dart is next. And then I'll take you, Sir. And then Mr. Scott in the back_ Mr. Edward Dart: Hi, I'm Ed Dart. Normally I'm in bed at this time, and I've missed my chance to be on television_ But I'm speaking to you tonight, partly as chairman of the town tree committee, and partly with some personal thoughts on this. The Mullen family's effort to enhance their 3-generation auto enterprise got off to a very unpopular start with the removal of the trees on Locust Ave. In my capacity as n'ee committee chairman, I'm a tree observer_ I'm not necessarily a tree hugger, but I'm certainly a tree observer, and I can tell you that I've been observing the trees on Locust Ave. for lots of years, and they were not a particularly attractive nature, and provided no significant buffer to the houses in this community. In my view, a neatly planted, natural design, well maintained, screening hedge would be more effective and a lO'eater asset to their neighborhood than what was there, or is there now. No way should the removal of the trees have any negative bearing on the Mullen application. That's a personal thought. I think that as long as this is still the USA, and entrepreneurism is the backbone of our economic growth in this country, something we could really use more of in Southo[& I personally believe that the Mullen family should be given the opportunity to improve their business. And in a similar Page 25 Public Hearing 10/12/99 Mullen Motors Zone Change fashion, all other business landowners in the town should likewise have their options preserved. Thank you. Supervisor Cochran: Thank you Ed. Yes Sir. Mr. Fred Martin: I think it's an insidious idea being put forth. It's being characterized as a parking lot. The issue here is not a parking lot; it's a zone change. I've heard numerous people get up and say there's no n~affic on Cottage Place. I live on Cottage Place. Nobody has any numbers. It is a problem. I live with it every day. Somebody says, it's not in my backyard. Well it is my backyard_ I just like to say that's it's more than a parking lot someone's talking about with the zone change. I'll tell you, I'm a businessman. I work very hard at it. And I have no ill feelings toward the Mullens_ I don't know them personally. The people value their integrity and they've been here a long time. Everybody likes to see business, and likes to see it grow. But my question is, at what price? To destroy the value of my property. I wish the Mullens well. I hope the business can grow. But [ feel it's grown out of the place where it is. To grant the zoning change is to open a Pandora's Box. Let's address the real issue_ Supervisor Cochran: Thank you_ I'll take from the center. Mr. Scott - I believe you were next. Mr. Robert Scott, Roberts Jewelers, Southold: My name is Bob Scott. I've been in business since 6/10/85. When I opened my store, and I came to this town, [ didn't run it the way I wanted to. I ran it the way the public wanted it. One of the first things I did when I opened my business is I went around and asked my neighbor retailers - how should I run it, how has it been run? I didn't tell them - this is way we're going to do it. I came into your backyard. ! came into your hometown, and I did it your way. And I still do it your way. Dick Mullen was here long, long, time probably before LaGuardia airport. When LaGuardia airport was first started, there were very few houses, if any, around it. Through the ensuing years, a lot of houses went around it. Then there was a lot of noise. Because there were a lot of houses around it, people complained about it. The airport was there first. The people moved in afterwards. Unfortunately, Dick Mullen has to grow_ His business must be good because people evidently keep coming back and he stands by his word every step of the way_ He can't paint a picket fence, but other than that, he's a good man. He deserves the respect of a good businessman who has turned around and employed a lot of people. On the other hand, I understand that the community too, who turns around and wants their needs satisfied as well. But when you see a man that's been here this long, and has ~ied this hard. If he really wanted to do it - there's an old adage that goes around the back ears of what we hear - don't get a permit, just do it and pay the fine. Dick isn't doing that. He's going right head to head and getting it done the right way. He always has and always will. I admire the man for it. Thank you. Supervisor Cochran: Thank you sir. Anyone in the middle here_ Anyone else? If not, I'll go over to this side. Then I'll come back. Mir. Albert Goldsmith, Jr., Goldsmith Boatyard, Southold: I'm a resident of Southold Town. I live within a quarter of a mile of Mullens business_ My business happens to be within a quarter of a mile from their business also. I was happy to see my son stand up tonight and speak his peace in favor of Mullen. I think whatever decision the Board makes in tkis case is going to affect not only the Mullen property, but our business, and a lot of other businesses in this town_ I think the matter of the traffic congestion, you hear more cars going up the road screaming from 7-11 and the beach down on Founders Landing, going up Town Harbor Lane, Hobart Rd., Old Page 26 Public Heating 10/12/99 Mullen Motors Zone Change Shipyard, Cottage Place. These cars aren't a result of Mullen. They're a result of 7- 11 traffic. I just want to go on record as saying I support the Mullen property, and I hope the Town Board goes along with it also. Thank you. · Supervisor Coehran: Thank you. Yes ma'am. Ms. Susan Nine: My name is Susan Nine, and I work for the Mullen family, l just want to say that I hope the Town Board supports their zone change to be able to expand to the parking lot in the back. A lot of businesses, particularly ours, people were saying that we are selling out of the back yards. It's totally untrue. We use that space in the back for our employee's cars, for all of the sold vehicles - we are not using it for storage of vehicles to sell. We work very hard to try to keep the traffic flowing. It is an issue with the cars_ I, myself, live down Hortons Lane. There is a very large dealership there, Lucas Ford. And we have traffic all the time. It does not hurt the property values. It was there prior to your moving to the neighborhood. Supervisor Cochran: Address your remarks towards us. Ms. Nine: I apologize. There are so many untruths about what is going to be done, or what is going to happen in the future. No one can tell. The Mullens are a wonderful family, and they do everything that they possibly can to make this a better place for themselves, the future, and for everyone. As an employee of the Mullen Dealership, we hope that you can approve their zone and be able to help us. Thank you. Supervisor Cochran: Thank you. Anyone else from this side? Is there anyone that hasn't spoken? I called on you an hour ago, and you never took it. Come on up. Mr. Frank Locrotondodo: My name is Frank Locrotondo, and I live on Town Harbor Lane. A little bit about the character of Mullens. My son, as a small boy, was able to walk in the showroom, and was treated with the same respect as any qualified buyer. As far as the parking lot in the back, if they want to throw cars out of there, new cars are less likely to leak than old cars. The lot back there is a mess. I stand down there every day of my life, I stand in front of that lot, and it's absolutely a mess. Any improvement there w/Il be well worth it. If they want to rezone Colonial Comers, it has no architectural or historical value. So what if they bulldozed the place to put in a new showroom? Obviously the bay window in the front is a nice looking addition to the building_ They've been around, you know, I'm just saying I don't see anything underlying or anything like that. I just want to offer my support. I moved to that area so that my children could be close to town, could get to the library, could get to the stores, Cottage Lane is a mess. Getting cars offof that road couldn't do anything but help. If they are forced to leave that area, you know what it's like to have a bank pull out_ You have an empty building. You know what it's like to have a lumberyard pull out, you have an empty building there. What happens if Mullens goes up to Rt. 48? What will you have? You'll have an empty car dealership. Thank you. Supervisor Cochran: Thank you. I'm taking only people who have not spoken at this time· Yes sir. Mr. Charles Rand: Good evening, my name is Charlie Rand, representing Robert Hopkins, Commander of the Southold American Legion, GTG Post # 803. I'm here on behalf of my commander, hopefully, I'm not out of order. I'd like to speak to the Town Board with regards to the RO zoning change, or am I out of order? Page 27 Public [leafing 10/12/99 Mullen Motors Zone Change Supervisor Cochran: You're in the wrong hearing. Mr. Rand: In that case, I'm Charlie Rand, representing Robert Hopkins, Commander of the Southold American Legion, GTG Post # 803. In regards to the Mullen case; this gentleman and his family have been here many, many years. When I attended college in Southampton University, I did not study drugs then. I actually studied for a change, which is nice - it had to do with Real Estate Law. If you were a landowner, and this is applicable to everything which is going on right now, you have a certain amount of rights. Certain things which you could do to you property. I address you, the Town Board, common sense, please common sense. He does own the property. He does have the right. As far as the folks in the surrounding area, when you moved in, buyer beware_ They taught us this at real estate appraisal school. I'm just bringing common sense to you right here, right now. Supervisor Cochran: Thank you Mr. Rand. Anyone who has not spoken in relation to - I don't think you did on this one. Okay, and McCarthy_ /Sir. John Costello: I totally 100% support this Mullen application. The ad in the paper as we started offthe night, with Council Grossman, then with Council DiPietro. They both mentioned the surrounding areas are totally residential. I can quote it fi:om the paper. The residential communities surrounding the Mullen Motor Dealership. We all know anybody who lives in Southold Town. The attorney's probably don't live in Southold Town. We all know that it's not surrounded. There's a road on one side, Colonial Comers, 7-1 l, a hair-cutting shop across the street. We all know that_ Everybody who lives here is concerned. One of the articles in the paper, the applicants are less than forthcoming_ We all know, each and every one of you know, if anybody is truthful and forthcoming, it's the Mullen family. Never have they ever done anything different than that. The other thing that everybody is concerned about is the rural character of this town. In this letter, the success of our small town charm is this small family operated business. No one should want to do without that, I just hope my son can stay in the same business, in the same area, in the same town. I hope everyone whose spoke tonight with a family in Southold Town has the opportunity to remain here. Let me tell you what the Mullens have done for the young, working people in town_ They employ some odd 30 people, I hope they employ 40. I hope they keep it in the same general area, so they don't exploit some of the open spaces, and some of the zoning concerns that you have in other parts of the town. Please don't move. Don't let them move. Don't let them scatter the car businesses throughout this town. Let them concentrate it, let them do it, let them handle it with a planning system that you have in your hands_ You have the zoning tools, use them. You can make an arrest, and they will clean they property up. You can insist, and they will do everything that you want. Remember when the mom and pop stores were here, when we were kids? They were everywhere. They are gone. Do you know why? Shopping centers up west_ We can't go back to yesterday. None of us can. But we can look forward to the future, and maintain some of our youthful opportunities in this area. You know what the youth are going to do, that have jobs in this area? They are going to buy a house. They are going to maintain a house. They are going to have children. He provides a lot of that in the town. That's important. Without that, this town would have nothing. We need that mix. Encourage it. Keep a business like this in the town. Thank you. Supervisor Cochran: Thank you John. Anyone else? Mr. Thomas McCar[hy: I'd just like to lend my support, my wholehearted support for the Mullen application, the Mullen family, and the way they conduct their business. I almost feel, Page 28 Public Hearing 10/12/99 Mullen Motors Zone Change and it's kind of a sad thing, I almost feel we're doing the eulogy for Mullen Motors tonight. Everyone standing up and saying how they feel. I really don't think it ought to be a eulogy, we ought to embrace the Mullens, the way they do business, and let them expand within the hamlet. I think what's really, some issues, one of them might be timing. Had the Mullens owned Colonial Comers or the lot behind it, when the last zoning change came around, they probably would have wrapped the B zone around those properties, around the vacant piece, as well as what's zoned B right now Mullen is at a disadvantage because it's an issue of timing. Had they owned those properties back then, the last time the zoning changes came around, they'd be B zoned today, and they wouldn't have these issues. I ask that you don't let them suffer for a lack of the issue of timing. Another issue that Mr. Grossman pointed out was that there were other locations around if they wanted to relocate their business. I really don't think they should. When l think of a hamlet, I think of Mullens. I think they are the backbone of the community, with the type of people they are, the number of people that they employ, and the way they mn their business. Just as a point of issue, Mr_ Cn'ossman said there are other locations for them to locate their business. If and when the Kramer Report goes through and the zone changes are made on Rt. 48, I've spent a bit of time studying this, and in the zip code 11971, there will be 2 vacant B zone properties that are unimproved. The Kramer Report is not only changing things on Rt. 48, it's virtually eliminating any B zoned properties, and eliminating locations for the Mullens to relocate their properties. One is a 1-acre piece on the Main Rd. in Southol& and another is a 3q acre piece on Rt. 48. There will be no more vacant B zoned properties, unless that report doesn't go through. Mr. McCarthy: Sometimes I think the town loses sight of our furore_ I think the Mullens are a big part of ottr future. When it's time to sell their business and get out, I think it's time for me to get out too. Thank you. Supervisor Cochran: Thank you Mr. McCarthy. Anyone else who hasn't spoken? Sir? Mr. Joseph Schoensteio: Yes, my name is Joe Schoenstein, and I own a business in town, and I have a residence in Southold too. I want to speak on behalf of Mr. Mullen and his idea of putting in a parking lot. I think one of the things that is missed is that it's extremely low impact for the area. I think it's extremely slight for what he wants to do. There's no damage or impact to the area whatsoever. He wants to put some shrubbery in. He wants to park some cars_ It's definitely going to help the road situation. I don't understand all the reasoning and the amount of time the people have put into this. I just don't understand. To put in a simple parking lot - to park some cars. They brought up tonight about hotels and motels and that kind of thing, that could also be a possibility, and the food chain would be all night, parking, cars in and out_ What he wants to do - they go home. They close at 5pm. That parking lot, basically, will be closed up. Whether the lights go out or not, that's going to be up to you guys to decide. But it's a low impact. 7-11 goes on all night. Restaurants go on all night. Bars, any businesses that are open to the public would be much more of an impact than what he wants to put in there. Thank you very much. Supervisor Coehran: Thank you_ Is there anyone else who has not previously addressed thc Town Board? Anyone wants to speak who has not yet had the opportunity for the first time? Okay, I'll take your comments. Ms. Melanie Sanford: Melanie Sanford again, Locust Lane. I do know the Mullen family too. I went to school with the Mullens, I think there was probably a Mullen in ever), class growing up. Christine was in my class. Ritchie was in my sister Holly's class, and I think Billy is a year Page 29 Public Hearing 10/12/99 Mullen Motors Zone Change older than Julie. So, ! do knox,,, the Mullen family, and the Mullen family knows us. But there is cause of concern with this application, and it has to do with the site plans. Everyone has said it's going to be a beautiful parking lot, and it's going to be buffered, and everybody who has stood up here tonight and made those claims, I would like to invite them all to the Planning Dept., and look at the old site plans. What is on paper and what is actually present at the site. It was much to our amazement. We didn't find out until 1997 that a lot of what's on the property shouldn't be there. There are actually violations existing on the property. For everybody who thinks that it's going to be a wonderful thing, that you should probably examine the facts. There are things that we are unhappy with, and they are specifically involved with site plan violations. Everybody who said this is going to be a wonderful thing, and it's going to look like that photograph over there, I'd like you look at the old site plans in the Planning Board Dept_ Go to the Planning Dept. They are very helpful, they will point you fight to the files. Look at those old site plans. Thanks a lot. Supervisor Cochran: Thank you. I'm going to - I think everyone's had the opportunity to express themselves. I am not closing the hearing, I'm recessing the hearing_ If there is anything you would like to send in writing, you send it to the Town Clerk. It w/Il be put into the record. We will resume the hearing at our meeting on the 9th. We still have 5 public hearings to go through, and our resolutions. And the hour is getting late_ One short thing, Jean. You're welcome to come back. Ms. Jean Sanford: Jean Sanford, Locust Lane. I just wonder if a lot of these people were listening. The neighborhood was there before Mullens. That concept, I mean, it's very hard. We didn't move in after he was there. Those house were always there, and he was on the other side of the road_ He was just a small gas station. That big, big, car dealership was not there first. Please try to remember that. I keep hearing it, it's in the paper. What difference does it make who's first? You have to consider other people's rights_ These are our homes. This is not a business where we could go home at night_ This is where we live, this is our property. Thank you_ Supervisor Cochran: Thank you. I'm recessing the hearing. Hearing recessed at 12:40 A.M., October 13, 1999. Page 30 hearing at our meeting on the 9th. We still have 5 public hearings to go through, and our resolutions. And the hour is getting late. One short thing, Jean. You're welcome to come back. Ms. Jean Sanford: Jean Sanford, Locust Lane. I just wonder ifa lot of these people were listening. Ihe neighborhood was there before Mullens. That concept, I mean, it's very hard. We didn't move in after he was there. Those house were always there, and he was on the other side of the road. He was just a small gas station. That big, big, car dealership was not there first. Please try to remember that. I keep hearing it, it's in the paper. What difference does it make who's first? You have to consider other people's rights. These are our homes. Ihis is not a business where we could go home at night. This is where we live, this is our property. Thank you. Supervisor Cochran: Thank you. I'm recessing the hearing. We will go on to a public hearing. A local law in relation to adding a 4-way stop sign at King St. and 4th St. in New Suffolk. May I have a reader? Justice Evans: Public Notice is hereby given that there is - Supervisor Cochran: Could you please cooperate with us? We're trying to continue board work and a hearing. Thank you, Justice Evans: Public Notice is hereby given that there is presented to the Town Board of the Town of h th .... Sout old, 28 day of September, 1999, a local law enmled a local law ~n relation to addtng a 4-way stop sign at King St. and 4th St. New Suffolk. It's putting 4 stop signs in; traveling east and west on King St., north and south on 4th St., all in New Suffolk. It was published in the Suffolk Times. An affidavit that was put on the Town Clerks bulletin board - Supervisor Cochran: Julie would you please close the doors on the way out. Thank you. C~oi~nGlwoman Lou~a-E-vans: There is no correspondence. Supervisor Cochran: Anyone like to address the Board in relation to a 4-way stop sign in New Suffolk? I'll close the hearing. Hearing on local law on relation to a 4-way stop sign at Yennecott Drive. Louisa? Justice Evans: Public Notice is hereby given that there is presented to the Town Board of the Town of Southold, 28th day of September, 1999, a local law entitled a local law in relation to adding a 4-way stop sign at the end of Yennecott Drive going east and west, Tuthill going north and south. It was published in the Suffolk Times and placed on the Clerks bulletin board. Supervisor Cochran: Anyone like to address the Board in relation to in relation to a 4-way stop sign at Yennecott Drive Southold? Hearing none, we'll close the hearing. 827 hearing; a local law in relation to adding handicap parking spaces at Orchard St. Orient, Town of Southold. Louisa. Justice Evans: Chapter 92 entitled vehicles and traffic, parking, standing, and stopping, handicap parking, designated to park in (inaudible) license plates or permits. Hereby amended as following; as adding Orchid St. on the east side in a location from the northeast corner of Village Lane and Orchard St. easterly along Orchard St. adjacent to the United Methodist Church. There were affidavits in the Suffolk Times and the Town Clerks office. Supervisor Cochran: Anyone want to address the board in relation to adding handicap parking spaces in Orient, Orchard St. Hearing none, I close the hearing. Hearing on the question of accepting property that is the offer of acquisition. Who has thc hearing? Justice Evans:(Kay Zaler for acquisition for the Town of Southold for open space Actually the total price for the cos~ associated with a transfer of title of land gifted It's giving a piece of property. Suffolk County tax map number 1000-116-01-009 which is approximately 5 acres located on the northeast corner of New Suffolk Ave. and Linden Ave., Moores Lane, Cutchogue, NY. As I said before the total cost associated with a transfer of title of land to be gifted. Published in the Suffolk Times, and it was placed in the Town Clerk's bulletin board. There's a short environmental assessment form, but there's no correspondence. Supervisor Cochran: Anyone like to address the Board in relation to accepting an offer of property? Mr. Ryan. Mr. Richard Ryan: My name is Dick Ryan. I'm an chairman of the Land Preservation Committee. An offer to accept a certain portion of the property by application to our committee in August 1999. Subsequent to this application, Mrs. Zaler made application to the Planning Board for approval of a 2-lot subdivision of the entire property. The Planning Board advised them that he was exempt from such approval requirements inasmuch as the subdivision would be the end result of the gift here proposed. Further, the Planning Board has advised the Land Preservation Committee of its approval of the proposed gift. The area of the proposed gift fronts on New Suffolk Ave. and Moores Lane, and also has frontage on the west side of Downs Creek which is comprised of tidal wetlands and provides northerly views of Downs Pond Preserve which encompasses Fort Corchaug Downs Ponds Preserves is a open space property, owned and protected by the Town of Southold The Land Preservation Committee urges the Town Board to accept the offer the charitable gift of 5 acres of this property within to provisions of Chapter 59 of Town of Southold Town Code. In doing so, I wish to also ask the Board to give due acknowledgment to the charity in concern of the neighbor of the residents in the Town of Southold for Mr. & Mrs. Zalers generous gift. I would also note on the record that Mr. Zaler was present here earlier this evening, but was forced to leave due to the lateness of this hearing, he is unable to be here now. Supervisor Coehran: I would like Mr. Zaler to please come back in 2 weeks, Dick if he can, we have a certificate of appreciation to present to him on behalf of the Town for his generous offer. We also have one for the next person, but let's close this first. May I have the reading for the hearing to accept the offer of wetlands down on Wells Ave? Justice Evans: Notice is hereby given: Public Notice is hereby given pursuant to a local law entitled a local law in relation to Chapter 59 Open Space Preservation Town of Southold Public Hearing Oct. 12, 1999 8:30 p.m. (12:55 a.m.) On the question of the acceptance of the offer of ri. Wells for acquisition by the Town of Southold for the purpose of open space preservation purposes. The property is Suffolk County Tax Map No. 1000-086-02-012.1 comprised of approximately 1.4 acres located on the easterly side of the terminus of Wells Rd. fronting on Richmond Creek, Peconic, NY. The total price of the cost associated with transfer title of land to be gifted. There's an affidavit in the Suffolk Times, as well as on the Town Clerk's bulletin board. There's an environmental assessment form. Supervisor Cochran: Sir. Mr. Ryan: My name is Dick Ryan. I'm the chairman of the Town of Southold Land Preservation Committee. Mr. Wells has offered to give the town this piece of property by application to the committee this September 1999. Further, the Planning Board has advised the Land Preservation Committee of its approval of the proposed deal. The proposed gift parcel is also designated as lot 5 of the minor subdivision of the George Wells estate, approved by the Planning Board in July of 1972. The area of the proposed gift comes on Wells Road, it also has frontage on the east side of the upper reaches of Richmond Creek It is mostly comprised of tidal wetlands, and provides views of the waters and shoreline of Richmond Creek. The land parcel is also located opposite land formerly of the Peconic Landfill Some will remember this land as the former.Glory farms~ now owned by Pelligrini Vineyards. The LPC urges the Town Board to accept this offer of 1.4 acres lot pursuant to Chapter 59 of the Town Code. In doing so I ask the Town Board to also give good acknowledgment to the charity and concern for his neighbors and residents of the Town of Southold. Supervisor Cochran: Anyone else like to address the Town Board in relation to this gift? Mr. Huntington: This is a marvelous gift to a magnificent vista. I'd like to say the same for the last, 2 terrific gifts to the town. Supervisor Cochran: Thank you. We think so too I remember the day Mr. Wells came in. ~e first time I took ride down there immediately - 300 feet on the creek wetlands. Beautiful. Anyone else like to address the Board? On behalf of the town, we'd like very much for Mr. Wells to come to the next meeting so he can thank him. Justice Evans: You're certainly a trooper to be here at this hour. Supervisor Cochran: We certainly appreciate you're staying here this late in the evening. Nothing else? Thank you gentlemen. We will now go to resolutions. Betty's going to call to vote. Justice Evans: Can we just read the numbers and do ayes? Councilman Murphy: Resolution I - Supervisor Cochran: I don't believe I called for that one yet. Resolution No. I establishing a fine system. Moved by Councilwoman Hussie, seconded by Justice Evans. Vote of the Iown Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: Resolution No. 2 - Southold School to use the road for a parade. Moved by Councilman Moore, seconded by Justice Evans. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 3 - Georgia Rudder - provisional Administrative Assistant. Moved by Councilman Romanelli, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 4 -Resignation of Calvin Crenshaw. Moved by Councilwoman Hussie, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 5 Budget mod lin relation to beaches and vehicle maintenance repairs. Moved by Councilman Romanelli, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 6 - Budget mod in relation to supplies for Board of Assessors. Moved by Councilman Moore, seconded by Councilman Romanelli. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 7 - Budget mod in relation to Board of Assessors. Moved by Councilman Moore, seconded by Councilman Romanelli. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 8 - Terminating employment ofp/t records management clerk. Moved by Councilman Romanelli, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 9 - Authorizing the deputy supervisor to sign the contract of the Chief of Police. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 10 - Related to the mosquito control program on Fishers Island. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 1 1 - Engaging services of Albert Vi~iani of Zurek, conduct an audit of the administration of the Town of Southold employee health benefit plan. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervtsor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 12 - Budget mod for furniture to other equipment. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPIED. Supervisor Cochran: No. 13 - Let the Lions use the roads for their parade in Mattituck. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 14 - Budget mod in relation to expanding, rental of offices in Feather Hill. Moved by Councilman Romanelli, seconded by Councilman Moore. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 15 - Budget mod in relation to the telephone system. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 16 - Installation ora telephone system. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No 17 - Authorize the signing of an agreement with Feather Hill. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 18 - Setting a public hearing for a local law in fire prevention in building. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 19 - Relation to the local law RO, part of SEQRA. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 19A - Relation to local law RO, negative declaration. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 20 - Relation to local law private and public warehousing, and we're claiming lead agency for SEQRA purposes. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 20A - In relation to public and private warehousing, and if resolved, Town Board issues a negative declaration. Moved by Councilman Murphy, seconded by Justice Evans. Vote of the Town Board' Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 21 - In relation to LB and the town is declaring itself lead agency for SEQRA. Moved by Councilman Romanelli seconded by Councilman Moore. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 2lA - In relation to LB, is resolving the Town Board issues and negative declarations, SEQRA Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 22 - Nonconforming buildings with nonconforming uses and the Town Board is declaring itself lead agency for SEQKA purposes. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans. Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Councilman Moore, Supervisor Cochran: No. 22A - Nonconforming buildings with nonconforming uses and the Town Board is issuing a negative declaration for the SEQRA process. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 23 - Budget mod in relation to engineering. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 24 - Resolution authorizing myself to execute -(tape stopped) Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 25 - Setting a hearing in relation to Lieb vineyards for the purchase of development rights. Moved by Councilman Moore, seconded by Justice Evans. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED Supervisor Cochran: No. 26 - Setting a hearing for development rights for David (inaudible) and Barbara Shin Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 27 - Public hearing for a parcel for development rights and agriculture for Conway. Moved by Justice Evans, seconded by Councilman Murphy. Vote o£the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore. Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 28 - Property of John and Catherine Sidor development rights purchase. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 29 - Appointing Valerie Marvin as hearing officer charged with assault against an employee. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 30 -As to amend a resolution allowing us to include a partnership with Suffolk County on a land usage. Moved by Justice Evans, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 31 - Enacting 4-way stop sign between King and 4th in New Suffolk. Moved by Justice Evans, seconded by Councilman Murphy. Vote ofthe Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 32 - Enacting 4-way stop sign between Tuthill and Yennecott Drive. Moved by Councilman Moore, seconded by Justice Evans. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 33 - Local law for handicap parking in Orient. Moved by Councilman Moore, seconded by Justice Evans. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 34- Resolution accepting the girl of a parcel of land under the Open Space Program for Land Preservation from Herbert Wells Jr. Moved by Councilman Romanelli, seconded by Councilman Murphy. Vote of the Iown Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: No. 35 Resolution accepting the gift of a parcel of land under the Open Space Program for Land Preservation from Kenneth Zalor. Moved by Councilman Romanelli, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: The motion reads that it will be taken offthe table on Thursday. Moved by Councilman Romanelli, seconded by Councilman Murphy. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran This resolution was declared duly ADOPTED. Supervisor Cochran: All the resolutions have been passed. Meeting adjourned. / ,822 SF IN 100' RAD/U~ 63-3- ~2 5,000 S F IN 100' RADIUS 10,000 SE IN 100' RADIUS ROAD N.¥.$. RTE, NB5'J7'oo"E NSTO2'OO"E 98.92' luO. O0' 980 S F, iN 54, J79 248 Ac fro0' RADIUS 52-3-54 TOWN LAW SECTION 265(1) PROVIDESI SUCH REGULATIONS, RESTRICTIONS AND BOUNDARIES MAY FROM TIME TO TIME BE AMENDED, SUCH AMENDMENT SHALL BE EFFECTED BY A SIMPLE MAJORITY VOTE OF THE TOWN BOARD, EXCEPT THAT ANY SUCH AMENDMENT SHALL REQUIRE THE APPROVAL OF AT LEAST THREE'FOURTHS OF THE MEMBERS OF THE TOMN BOARD IN THE EVENT SUCH AMENDMENT IS THE SUBJECT OF A WRITTEN PROTEST, PRESENTED TO THE TOWN BOARD AND SIGNED BY: (b) THE OWNERS DF TWENTY PERCENT OR MORE DF THE AREA DF LAND IMMEDIATELY ADJACENT TO THAT LAND INCLUDED IN SUCH CHANGE, EXTENDING ONE HUNDRED FEET THEREFROMi OR (c) THE OWNERS DF TWENTY PERCENT DR MORE OF THE AREA DF LAND DIRECTLY OPPOSITE THERETO, EXTENDING ONE HUNDRED FEET FROM THE STREET FRONTAGE OF SUCH OPPOSITE LAND, CALCULATIONS UNDER ITEM (b) ABOVE; INCLUDING LOTS 17, 18, 19, 20. 25 & 26~ TOTAL AREA ~/ITHIN I00' RADIUS = 62,471 AREA OF LOTS IN PROTEST (LOTS I7, 18, 26) = 2~,943 S,F = 36, 7% IF LOT 17 IS NOT INCLUDED; TOTAL AREA ~/ITHIN 100' RADIUS = 56,775 AREA OF LOTS IN PROTEST (LOTS 18 & 26) = 17,247 = 30,4% CALCULATIONS UNDER ITEM (c) A3OVE: AREA OF LOTS WITHIN I00 FEET = 70,392 S,F, AREA OF LOTS IN PROTEST (LOTS 15, 35 & 36) = = 31,1% 2L890 S,F, 100 FOOT RADIUS AS IN ITEM (b) 100 FOOT RADIUS AS IN ITEM (c) RADIUS MAP OF PROPERTY SURROUNDING MULLEN PROPERTY SHOWING AREAS OF LOTS TO COMPEL A SUPER MAJORITY SITUATE AT £OUTHOLD TOWN OF $OUTHOLD SUFFOLK COUNT~, NEW YORK SCALE 1" = 50' JUNE 18, 1998 ./ N~7"O2'OO"E ~ -- ---- ---~ ~ 100.00' 9,424 S.F IN 100' RADIUS 14,744 SF IN 100' RADIUS 980 S.F. IN 100' RADIUS L245 Ac. o 16 62-5 55 10,807 S,F IN 100' RADIUS ,290 S F IN 100' RADIUS 62 J-J4 TOWN LAW SECTION 265(1) PROVIDES' SUCH REGULATIONS, RESTRICTIONS AND BOUNDARIES MAY FROM TIME TO TIME BE AMENDED, SUCH AMENDMENT SHALL BE EFFECTED BY A SIMPLE MAJORITY VOTE OF THE TOWN BOARD, EXCEPT THAT ANY SUCH AMENDMENT SHALL REQUIRE THE APPROVAL OF AT LEAST THREE'FOURTHS OF THE MEMBERS OF THE TOWN BOARD IN THE EVENT SUCH AMENDMENT IS THE SUBJECT OF A WRITTEN PROTEST, PRESENTED TO THE TOWN BOARD AND SISNED 3Y~ (b) THE OWNERS OF TWENTY PERCENT OR MORE OF THE AREA OF LAND IMMEDIATELY ADJACENT TO THAT LAND INCLUDED IN SUCH CHANGE EXTENDING ONE HUNDRED FEET THEREFROM) OR (c) THE OWNERS OF TWENTY PERCENT OR MORE OF THE AREA OF LAND DIRECTLY OPPOSITE THERETO, EXTENDING ONE HUNDRED FEET FROM THE STREET FRONTAGE OF SUCH OPPOSITE LAND, CALCULATIONS UNDER ITEM (b) At~OVE~ INCLUDING LOTS iZ 18, 19, 20, 25 & 26, TOTAL AREA WITHIN 100' RADIUS = 62,47i S,F, AREA OF LOTS IN PROTEST (LOTS i7, 18, 26) = 22,943 = 36,7% IF LOT 17 IS NOT INCLUDED~ TOTAL AREA WITHIN i00' RADIUS = 56,775 S,F, AREA OF LOTS IN PROTEST (LOTS 18 & 26) = 17,247 S.F, = 30,4% CALCULATIONS UNDER ITEM (c) ABOVE~ AREA OF LOTS WITHIN lO0 FEET 70,392 S,F, AREA DF LOTS IN PROTEST (LOTS 15, 35 & 36) = 21,890 S,F, = 31,1% 100 FOOT RADIUS AS IN ITEM (b) 100 FOOT RADIUS AS IN ITEM (c) RADIUS MAP OF PROPERTY SURROUNDING MOLTEN PROPERTY SHOWING AREAS OF LOTS TO COMPEL A SUPER MAJORIT~ SITUATE AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUN7~, NEW YORK SCALE 1" = 50' ,JUNE 16, 1.998 PjO. Box 309 ~. ~onf. ouk H,ghwoy ~o, wille, N.Y.j~W'/82 Wa %pton~ N.Y. 11946 '516) 589-~637 ' (51~) 728-5330 m'-7' ?RIVET HEDGE DROADLEAF SHRUB5 .... 5TFEET T~EEG HEDGE , NOTES eEXIGTING PARKING AREA - 4I GPACEG SURVEY5 PREPARED BT PEGONIC, GURV~.);'OR5, P.G. F.O BOX qOq. 1250 TRAVELER SOUTMOLD, NY 1~71 PREPARED ON JULT G, ~7, NAT G, ~97. HAY 7. ~q~7 AND SEPTEMBEr2, lq~7 FIELD INSPECTION B7 ARAIT5 DESIGN, L.A- P.C. ON DEGEMBE~ q. 51T~ ANALTGI5 BLAN 5-% BEEPAEED AEA~5 DESIGN, L.A., P O. ON DEO~BER 22.t~ I5.G.T.M,~ ~.C.T.M.~ 5.C,T.M.~ 1000-G2-05-22,1 I000-G2-05:20 1000-G£-05-1~ 1000-G2-05-24.1 ' ' EVERGREEN TREEG(7-80 G' HIGH GTOGKADE FENCE J T PROPOSED BUFF~ LAN MAIN ~OAD CN.T.$. MAGONE~t E~LDNC~_ OORRUGATED METAL BLDNG. EVERGREEN GR~UNDCOVE~ EVERGREEN GROUNDGOVER SIGN IN PLANTER G' HIGH GTOGKADE FENCE HIGH ?IGKET MASONRY BLDNG. L.tNDEN /* -4', MIG~' ,/ PICKET FENCE LZ'GZND PROPOSED LIGHT WALL-MOUNTED RTE.25) NULLEN 50LJTMGLD NEW FOR PROPOSED PLAN PA~KING A~EA NEV¥' Job No. 0211~q FEBRUART 11. lqgq Drn. By SGK I Chkd. By TAR 1"=20' FIXTU~EGCTYPICAL) LIGHT $'2 GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-mail: gTeg.yakaboski@town, southold.ny.us mary.wilson@t own.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Date: Re: Mary C. Wilson, Esq. Assistant Town Attorney March 21,2001 Mullen Rezoninq Amendment to Declaration of Covenants and Restrictions Betty: Enclosed for safekeeping in your office, please find copies of the following documents: Transmittal letter of Stephen R. Angel, Esq. dated 3/4/02 re: Mullen Rezoning Suffolk County Clerk's Office Recording Page Suffolk County Recording & Endorsement Page Amendment to Declaration of Covenants and Restrictions dated March 26, 2001, between Town of Southold and RWM Enterprises, Inc., Mullen Realty, L.P., and Mullen Motors, Inc., recorded in the Suffolk County Clerk's office on 3/1/02, in Liber D00012171 at Page 937. Thank you. Mary /md encs. cc: Planning Board EsseK$, HEfteR & AngeL COUNSELORS AT LAW 108 EAST MAIN STREET P, O. Box 279 RIVERHEAD, N.Y. 11901 0279 (631) 369-1700 March 4, 2002 WATER HILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N,Y. 11976 (631) 726 6633 Mary C. Wilson, Esq., Assistant Town Attorney Town of Southo[d 53095 Main Road Southo[d, NY 11971 Re: Mullen Rezoning Dear Ms. Wilson: Pursuant to your request dated 3/27/01, enclosed please find a copy of the amendment to the declaration of covenants and restrictions in tile above matter, recorded on 3/1/02 in the off]ce of the Suffolk County Clerk. SRA:mb Enc. cc : Rich Mullen William H. price,Jr., Esq. Ve~ruly yo~ '~ TO~, ',, A ,0 .... : OFFICE TOWN OF SOU'THOLD SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: MODIFF - COVENANT OR P~STRICT Number of Pages: 11 District: Section: Block: 1000 062.00 03.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $33.00 NO Handling COE $5.00 NO Notation Cert. Copies $5.50 NO RPT SCTM $0.00 NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT Recorded: At: LIBER: PAGE: Lot: 022.001 $5.00 $0.s0 $90.00 $139.00 03/01/2002 10:31:45 AM D00012171 937 Exempt NO NO NO Edward P.Romaine County Clerk, Suffolk County 'l ORrENS Serial fi Certificate Prior Cll. t/ 41 Page / Filing Fee llandling TP-584 Notation EA-52 17 (County) EA-5217 (Slate) R.P.T.S.A. Con.n. of Ed. Affidavit · <. Ce_rtified Copy Reg. Copy Other Deed / Mortgage lnstrumenl 5.00 Deed / Mortgage Tax Stamp FEES RECORDED 2002 l'l~r 01 !0:31:45 RH Ed~rd P. Rom=,ine }i:L EI4't: OF SUFFOLt::: E:0UH f',.' L b00u1217t P 95? Recordiug / Filing Stamps __ Sub ']'()Iai I. Basic Tax 2. Additional 'Fax Sub Total Spec./Assit. Or Spec./Add. TOI'. MTG. TAX Dual Town Dual County__ I bid ['or Apportionment Transfer Tax Mansion Tax 'lhe property covered by this morlgage is or Sub Total //_//ff,,)/Oz..~t:~ will be improved by a oue or two family -- I dwelling only. ] YES or NO GRAND TOTAL /de -~- I If NO, see appropriate ,ax clause oa page// fi- . of this instrument. Real Property 'Fax Service Agency Verificalion ~)6I Commun, ity Preservation Fund l)ist, Sccfi.n B lock Lot Consideration Amount $ 1000 062.00 03.00 ' 022. 001 C PF Tax Due 1000 062.00 03.00 02/4. 001 hnproved i~s 1000 062.00 03.00 020. 000 In i000 062.00 03.00 119.000 JJ Satisfactions/Discharges/Re[eases l.ist Property Owners Mailing Address RECORD & RETURN 1'O: Esseks, Her!er & Angel 108 East Main Street P. O. Box 279 Riverhead, NY 11901 Vacaut Land TD TD TD Suffolk C( 'Ibis page forms part of the attached Town of Sou!hold RWM Enterprises, Inc. Mullen Realty. l..p. Mullen Motors, Inc. Title Comlm.y hfformatio. Co. Name Title # Recordin & Endorsement Pa AMENDMENT TO DECLARATION OF COVENANTS AND made by' KESTRi Ci'TOICg · (SPECIFY TYPE OF INSTRUMENT ) 1he premises herein is situated in SUFFOLK COUNTY, NEW YORK In the ~Fownship of Sou!hold In the VILLAGE or HAMLET of BOXES 5 TI IRU 9 MUSI' BE TYPf(I) OR PRINrI'ED IN BLACK INK ONI,Y PPdOR TO I~ECOI~DING OR FILING. AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS THIS ,Mnenchnent to Declaration of Covenants and Restrictions, made the ~(C~~ day of-gepteml~er, 200'0, by the Towu of Southold, a municipal corporation, with its place of business at 53095 Main Road, Southold, New York 11971, hereinafter refeixed to as the "Town," and RWM Enterprises, lnc., a New York business corporation having its principal place of business at No# Yennecott Drive, Southold, New York 1197~, Mullen Realty, L.P., a New York Limited Partuership with a place of business at P. O. Box 1408, Main Road, Southold, New York 11971, and Mullen Motors, Inc., a New York corporation wifll a place of business at Route 25, Main Road, Southold, New York 11971, hereinafter referred to collectively as the "Declarmits." WITNESSETH: WHEREAS, Declalm~ts are fl~e owners -- and in file case of Mullen Motors, lnc., the tenant and prospective tenant -- of the following four parcels of real property located at Southold, Town of Southold, County of Suffolk and State of New York, which parcels are collectively referred to as the "Premises". I. Parcel owned by RWM Enterprises, Inc. designated on the Suffolk County Tax Map as District 1000 Sectiou 062.00 Block 03.00 Lot 022.001 (refen'ed to herein as "Lot 22. I") mid described on Schedule A mmexed hereto, which parcel was acquired by said RWM Entelprises, lnc. by deed of Albert W. Albertson, Jr., Donald B. Katz and Ge~trude Katz recorded in the Snffolk Couuty Clerk's office on June 27, 2000, at Liber 12051 cp. 820. 2. Parcel owned by RWM Enterprises, Inc. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 024.001 (referred to herein as "Lot 24. I") and described on Schedule B annexed hereto, which parcel was acquired by said RWM Enterprises, Inc. by deed of Albefl W. Albertson, Jr., Donald B. Katz m~d Gert~nde Katz recorded in the Suffolk County Clerk's office on June 27, 2000, at Liber 12051 cp. 820. 3. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Sectiou 062.00 Block 03.00 Lot 020.000 (referred to herein as "Lot 20") and described on Schedule C annexed hereto. 4. Parcel owned by Mullen Realty, L.P. designated on the Suffolk County Tax Map as District 1000 Section 062.00 Block 03.00 Lot 019.000 (referred to herein as "Lot 19"), and described on Schedule D mmexed hereto. WHEREAS, Declarants and their predecessors in interest, Albert W. Albertson, Jr., Donald B. Katz and Gertrude Katz, executed a Declaration of Covenants mid Restrictions on June 14, 2000, and recorded said Declaration of Covenants and Restrictions in the Suffolk County Clerk's office on June 27, 2000, iu Liber 12051, cp. 821 concenfing fl~e premises; and WHEREAS, said Declaration of Covenants and Restrictions were recorded by Declarants and fl~eir predecessors in interest for the benefit of fl~elnselves, their assigns aud the Town, as part of em application for a change of zone for Lot 22.1 and Lot 24. l; and WHEREAS, scenic buffering of the premises m~d the surrounding community was and continues to be a critical issue to the Towu Board of the Town; and WHEREAS, the Town Board of the Town adopted a resolution at a regular ~neeting of said Town Board held ou August 29, 2000 requesting an mnendment of said Declaration of Covenants and Restrictions to lnodify pm'agraph "4" to read as follows: "The parking me on lot 24.1 will not bave any landscaped islands, however, approximately 1,000 square feet of landscaping (which represents the amount of landscaping that would have beeu required io the 'islands') shall be placed aloug tbe perimeter of the Mullen Motors property at the discretion of the Pla~ming Board," iii place of the following: "The parkiug are on Lot 24.1 shall have two landscaped 'islands'"; and WHEREAS, Declarants and the Town wish to amend said Declaration of Covenants and Restrictions as aforesaid. NOW, THEREFORE, iii consideration of the foregoing, Declarants and the Town agree to lnodify the Declaration of Covenants and Restrictions recorded June 27, 2000, in Liber 12051, cp. 821 as follows: 1. l'aragrapb "4" of said Declaration of Covenants and Restrictions shall read as follows: "The parking are on lot 24. I will not have any landscaped islaods, lmwever, approximately 1,000 square feet of laodscaping (which represents the amount of landscaping that would have been required in tbe 'islands') shall be placed along tbe perimeter of the Mullen Motors property at the discretion of the Plamfing Board or the -3- Town of Southold," ill place of the following: "The parkiug are on Lot 24.1 shall have two laudscaped 'islands'"; 2. In all other respects, said Declaration of Covenauts and Restrictiolls shall l'emain unchanged. IN WITNESS WHEREOF, Declarants have caused this instrument to be duly executed on the date and year first written above. RWM ENTEP, PmSES, NC. Richard F. Mullen III, Mullen Realty, L.P. R:zehard p. Mullen, .Jr. Mullen Motors, Inc. Richard Fx. Presidenk Mul'~eh iI~, Vice Pres. TOWN OF SOUTHOLD JeaW W. Cochran, Town Supervisor -4- STATE OF NEW YORK) C~)UNTY OF SUFFOLK) SS~.: On the ~_ day of~ 2000, before me, the undersigned, personally appeared J~r.:4,l~to ¢=. ¢,tod, e,~/,.eS~ RWM ENTERPRISES, INC., personally knowu to me or proved to me on the basis of satisfactory evidence to be the individual whose mune is subscribed to the witbin instrument, aud ackuowledged to me that he executed tbe same iii his capacity, and that by Iris signature au the instrument, lie executed the instrument. /Notmy Public ¢' u , ,,, , State of New 'York STATE OF NEW YO~) SS.: COUNTY OF SUFFOLK) ~oo I On the ~¢day of~, before me, the ~dersigned, personally appem'ed ~ ~0 ~ ~O{le~ T~pf MULLEN ~ALTY, L.P., personally b~own to me or proved to me on the basis of satisfactory evidence to be the individual whose nme is subscribed to the within instrument, and acknowledged to me that he executed the stone in his capacity, m~d that by his signature on the instrumeut, be executed the instrument. Notary Public, State of New York FJo. 01 FA4973285 STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the ~ day of.,ge, ptem/be~, 2000, b~fore me, the andersigned, personally appeared._~o..ho,~.D ~. I~lter~:['of MULLEN MOTORS, INC., personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, and acknowledged to me that lie executed the same in his capacity, and that by his signature on instrmnentA~,exe, cuted tim the instrmnent e ed fl~ instrument. WILLIAM H. PRICE, JR. Notary Public, State of New York No. 4644944, Suffolk County. Term Expires February 28, STATE OF NEW YORK) SS. COUNTY OF SUFFOLK) On the ~(.0- day of ~4~be~ 2006, before n,e, the undersigned, personally appeared ~5~/. ~oClqr09FI , of THE TOWN OF SOUTHOLD, personally known to me or proved to me on fl~e basis of satisfactory evidence to be the individual whose name is subscribed to the within iastrument, and achmwledged to me that she executed tim same in bar capacity, and that by her signature on the ins~-ulnent, she executed ~e instrument. MARY C. WILSON Notary Public ¢q,,tate of New ~ No. 02 ,~,:F,~,3~ ork Qua/~ied i ~ ~i~,, ' '*Z '" Commission Expiras dune 12, ~ ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots I and 2 on a cellain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the Couuty of Suffolk on 10/6/1870 as map no. 399, rand being more particularly bounded mid described as follows: BEGINNING at a monument set in the southerly side of Main Road distant 100 feet easterly titan the comer formed by the intersection of the southerly side of Main Road with the westerly side of Cottage Place; rmmiug thence along tine southerly side of Main Road the following two courses and distances: (1) North 87 degrees 02 minutes O0 seconds East, a distance of 100 feet to a Inonmnent; and (2) North 85 degrees 37 minutes 00 seconds East, a distance of 98.92 feet to a monument located at tine point of intersection of tile southerly line of Main Road with the westerly line of Locust Avenue; rumfing thence along the said westerly line of Locust Avenue South 22 degrees 21 minutes 20 seconds East 129.79 feet to land now or formerly of Alice Albertsou and Gem'ude Katz; rumling thence along said land of Alice Albertson and Gertrude Katz and laud now or formerly of Mullen, tine following two courses mid distances: (1) South 75 degrees 42 minutes West 111.69 feet, aud (2) South 71 degrees 55 minutes 40 seconds West, a distance of 98.50 feet to a point aud the easterly side of land now or formerly of Mullen; minting thence along last mentioned laud, North 15 degrees 32 minutes 00 seconds West, a distauce of 171.74 feet to a monumeut set in the southerly side of Main Road, at the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed to Albert W. Albertson, Jr. and Alfi'ed S. Prell by the following deeds: I. Deed dated 6/5/73 recorded 6/6/73 in Libel' 7412 cp. 557 made by Ralph L. Glover aud Una Belle Glover, his wife; and 2. Deed dated 7/18/75 recorded 8/I 1/75 in Libel' 7889 cp. 333 made by Margaret Gentile a/k/a Margaret Gentele and Marie Cassidy, as devisees of the Estate of Bridget Fm'ey mid Catherine A. DeRosiers. SCHEDULE A ALL that certain plot, piece or parcel of land with the buildings and improvetnents fl~ereon erected, situate, lyiag and being in the Towu of Southold, County of Suffolk, State of New York, known and designated on a diagram of Lots belonging to Jane A. Coclu'au, dated October 1867 and duly filed in the Office of the Clerk of file County of Suffolk as and by Lots 26, 27 and 28, said lots when taken together m'e more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Locust Avenue distant 129.79 feet southerly fi'om the intersection of tbe southerly side of Main Road with the westerly side of Locust Avenue; running thence along the westerly side of Locust Aveuue South 22 degrees 21 minutes 20 seconds East 155.50 feet to lands of Szczesny; thence along said lands yard also along lands of W. Corbelt South 73 degrees 21 minutes 50 seconds West 162.91 feet to lmlds orB. Adams; thence along said lands North 17 degrees 10 minutes West 48.80 feet to the southeast comer of lands of Mullen; thence along said lands North 18 degrees 05 ~ninutes 50 seconds West 109.47 feet to lands of Albert W. Albertson, Jr. and Donald B. Katz; thence along said lands of Albert W. Albertson, Jr. and Donald B. Katz the following two (2) courses and distances: I. North 71 degrees 55 minutes 40 seconds East 38.81 feet and 2. North 75 degrees 42 lninutes East I l 1.69 feet to the westerly side of Locust Avenue and the point or place of BEGINNING. BEING AND INTENDED TO BE a description of the premises conveyed by Judith Zavesky, James Michael Lucey, Kathleen Marie Lucey and Patricia Lucey to Alice Albertson and Gertrude Katz by deed dated May 19, 1982 recorded July 7, 1982 in Liber 9207 cp. 596. SCHEDULE B ALL that certain plot, piece or parcel of land witb the buildings and hnprovements thereon erected, situate, lying m~d being at Soutbold, Town of Southold, County of Suffolk, State of New York, being known and designated as Lots 3 and 4 on a certain map entitled, "MAP OF 33 LOTS OF JANE A. COCHRAN" filed in the Office of the Clerk of the County of Suffolk ou 10/6/1870 as map no. 399, and being more particularly bounded and described as follows: BEGINNING at a point located at the intersection of the southerly line of Main Road with tbe easterly line of Cottage Place; rumfiug thence along said soutberly line of Main Road North 87 degrees 02 minutes 00 seconds East, a distance of 100.00 feet to a monument and lm~d now or formerly of Katz and Albertson; thence along said land South 15 degrees 32 minutes 00 seconds east, a distance of 171.74 feet to land now or formerly of Richard Mullen, Jr.; thence along said land South 71 degrees 55 ~ninutes 40 seconds west, a distance of I00.00 feet to the easterly liue of Cottage Place; thence along the easterly line of Cottage Place North 14 degrees 48 minules O0 secoads west, a distance of 198.00 feet to the intersection of said easterly line of Cottage Place witli the southerly line of Main Road and the point or place of BEGINN lNG. SCHEDULE C ALL that certaiu plot, piece or parcel of land with the buildings and improve~nents thereon erected, situate, lying and being at Soutbold, in tbe Town of Sonthold, County of Suffolk mid State of New York, designated as Lots 32 and 33 on Map of 33 lots of Jane A. Cochrau, as surveyed by J. Wickbam Case, October 1867, filed in tbe Suffolk County Clerk's Office on October 6, 1870, as Map No. 399, more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Cottage Place, where said easterly side of Cottage Place is intersected by the northerly line of Lot 33 as said nodd~erly line of Lot 33 is shown on a certain survey by Otto W. Van Tuyl and Son, Licensed Land Surveyors, Greenport, N. Y., dated October 17, 1963; RUNNING THENCE North 71 degrees 55 miuutes 40 seconds East a distance of 159.69 feet to lmids of Alice Albertsou and Gertrude Katz; RUNNING THENCE South 18 degrees 05 minutes 50 secouds East along said last meutioued lauds a distauce of 109.47 feet; RUNNING THENCE South 73 degrees 40 lninutes 00 seconds West a distance of 165.78 feet to the easterly side of Cottage Place; RUNNING THENCE Nod. h 14 degrees 48 ~ninutes 00 seconds West along the easterly side of Cottage Place a distance of 104.60 feet to file point or place of BEGINNING. BEING AND INTENDED TO BE a description of file premises conveyed to Richard F. Mullen, Jr. by deed dated 10/3/86 recorded 10/23/86 iii Liber 10152 cp. 60 made by Daniel C. Filme mid Dopla M. Fimie, his wife. STATE OF NEW YORK SS.: County of Suffolk I, EDWARD P. ROMAIN E, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) DO HEREBY CERTIFY that I have compared the annexed copy of/./~-~',Z',/c~ and that it is a lust and true copy of such onginal~/)?~)~-~ 7 7-'~ ~'~ ~.~ of the whole thereof. IN TESTIMONY WHEREOF, IhavehereuntosetmyhandandaffixedthesealofsaidCoun~ Clerk, Form No. 104