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HomeMy WebLinkAboutLegal Notice 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 8th day of March , 2019, 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, 53095 Main Road, Southold,New York. Re: P.H. 7:OOPM April 9, 2019 on Change of Zone Application of RQA Properties LLC SCTM# 1000-102-00-003-001.000 c Elizabeth A. Neville Southold Town Clerk Sworn before me t _8th day of Anil , 2019 C'l �;��� �otarylic LYNDA M. RUDDER Notary Public,State of New York No.41 RU6020932 Qualified in Suffolk County botnmission Expires March 8,2015 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the Change of Zone application of RQA Properties LLC on the property identified as SCTM#1000-102.00-003-001.000 from; and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the 9tn day of April 2019 at 7:00 P.M. at the Southold Town Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice of uch application in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such-hearing, on a proposed Local Law entitled "A Local Law--- to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property identified on the Suffolk County Tax Map #1000-102.00-003-001.000 from R40 (Residential) to B (General Business) All that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York and more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road; THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East, 200 feet to a monument; THENCE South 35 degrees 14 minutes 50 seconds West, 202.67 feet to a monument; THENCE North 45 degrees 29 minutes 00 seconds West, 175.00 feet to the said southerly side of Main Road; THENCE along the southerly side of said Main Road following two (2) courses and distances: 1) North 29 degrees 44 minutes 00 seconds East, 27.55 feet to a monument; 2)North 28 degrees 12 minutes 30 seconds East, 180.62 feet to a monument at the point or place point of BEGINNING. Subject property consists of 37,421square feet= 0.859 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. Dated: January 29, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on March 14, 2019 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P.O. Box 12179, Southold, N.Y. 11971 Copies to: The Suffolk Times; The New London Day; Town Board; Town Attorney; Town Clerk Bulletin Board; Town Website; Michael A. Kimack; Richard E. Bozsnyak RQA Properties Neville, Elizabeth From: legals <legals@timesreview.com> Sent: Friday, March 08, 2019 3:01 PM To: Neville, Elizabeth; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio, James; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: 'MKIMACK2@VERIZON.NET' Subject: Re: LEGAL NOTICE Attachments: Ad_Order_Form[3].pdf;Ad_Image_Preview[3].pdf Hello, This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for accuracy. Payment is due upon receipt. Affidavits are processed and mailed out a week after the final publication date of the notice. Thank you. lega�ls@timesreview.com R 1'1M11:S\L E111EW MEDIA GROUP Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kqersic@timesreview.com www.timesreview.com PLEASE NOTE CANCELLATION POLICY:All ads are billed for entire run upon first publication date. Cancellations for publication dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this policy. moo. TIMES y in,REVIEW f, .'j MEDIA GROUP 1 Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kqersic@timesreview.com www.timesreview.com From: "Neville, Elizabeth" <E.Neville @town.southold.ny.us> Date: Friday, March 8, 2019 at 1:40 PM To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis, Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <jilt.doherty@town.southold.ny.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans <Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville @town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.nv.us>, "Rudder, Lynda" <Iynda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, William Ruland <rulandfarm(a@yahoo.com>, "Duffy, Bill"<billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <marvs@town.southold.nv.us> Cc: "'MKIMACK2@VERIZON.NET"' <MKIMACK2@VERIZON.NET> Subject: LEGAL NOTICE Please publish in the March 14, 2019 edition of the Suffolk Times and on the Town Website. Elizabeth A. Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631 765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 2 k� WWaitReview Media Group aattl'tuckl NY 11952 Phone:(6�1)298-3200 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE Is HEREBY GIVEN that the Town Board of the Town of Southold is con- sidering the Change of Zone application of RQA Properties LLC on the property iden- tified as SCTM#1000-10200-003-001000 from,and be it further NOTICED that pursuant to the requirements ofSection 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public heanng on the 9th day of April 2019 at 7:00 P.M.at the Southold Town Hall located at 53095 Main Road,Southold,New York,and directs the Town Clerk to publish notice of such application in the Suffolk Times newspaper not less than ten(10)days nor more than thirty(30)days prior to such hearing,on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property iden- tified on the Suffolk County Tax Map #1000-102 00-003-001000 from R40(Resi- dential)to B(General Business)All that cer- tain plot,piece or parcel of land,situate,lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York and more particularly bounded and described as follows BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road,THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East,200 feet to a mon- ument,THENCE South 35 degrees 14 min- utes 50 seconds West,202 67 feet to a mon- ument, THENCE North 45 degrees 29 minutes 00 seconds West, 175 00 feet to the said southerly side of Main Road,THENCE along the southerly side of said Main Road following two(2)courses and distances 1) North 29 degrees 44 minutes 00 seconds East, 27 55 feet to a monument,2)North 28 de- grees 12 minutes 30 seconds East,180 62 feet to a monument at the point or place point of BEGINNING Subject property consists of 37,421square feet=0 859 acres Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified Dated January 29,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville Southold Town Clerk 2321310 PLEASE NOTE CANCELLATION POLICY FOR LEGAL NOTICES: All ads are billed for entire run upon first publication date. Cancellations for publication dates can be made but there will be no adjustment to cost and refunds will not be given. There are no exceptions to this policy. Times Review Media Group pWaatt'uckl NY 11952 Phone:(6�1)298-3200 INVOICE/RECEIPT Ad/Order#:0002321310 03/08/2019 SOUTHOLD TOWN Salesperson:LEGAL NOTICES T/R BOARD-LGL 178826 Description: PO BOX 1179 SOUTHOLD TOWN BOARD/LN, SOUTHOLD NY 11971-0959 (631)765-4333 Phone:(631)765-4333 LYNDA.RUDDER@TOWN.SOUTHOLD.NY.US Promo Code: Size: 1.02 x 7.32 Color: Total Weeks: 1 Product Category Classification Insertions Period SUFFOLK TIMES CLASSIFIED LEGALCL LEGALS 03/14/19 Pricing Information: Sub Total: 44.49 Total Due: 44.49 Ad Taker:LEGAL NOTICES T/R Neville, Elizabeth From: Reisenberg, Lloyd Sent: Friday, March 08, 2019 2:54 PM To: Neville, Elizabeth Subject: RE: LEGAL NOTICE Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.gov Iloydr@southoldtownny.gov 0: 631-765-1891 1 M:631-879-1554 I F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s) Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Neville, Elizabeth Sent: Friday, March 08, 2019 1:41 PM To: IeRals@timesreview.com; Lisa Finn (lisaahfinn@Rmail.com) <lisaahfinn@gmail.com>; Michaelis,Jessica <iessicam@southoldtownnv.gov>; Reisenberg, Lloyd <Lloyd.ReisenberR@town.southoId.ny.us>; Southold Local (denise@southoldlocal.com)<denise@southoldlocal.com>; Dinizio,James<iames.dinizio@town.southold.nv.us>; Doherty,Jill<fill.doherty@town.southold.ny.us>; Doroski, Bonnie<Bonnie.Doroski@town.southold.ny.us>; Ghosio, Bob <bob.Rhosio@town.southold.ny.us>; Louisa Evans<Ipevans06390@Rmail.com>; Neville, Elizabeth <E.Nevilie@town.southold.nv.us>; Noncarrow, Denis<denisn@southoldtownny.Rov>; Norklun, Stacey <Stacey.Norklun@town.southold.ny.us>; Rudder, Lynda <Ivnda.rudder@town.southold.ny.us>; Russell,Scott <scottr@southoldtownny.Rov>; Standish, Lauren<Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle <michellet@town.southold.nv.us>; William Ruland <rulandfarm@vahoo.com>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon<damonh@southoldtownny.Rov>; Silleck, Mary<marvs@town.southold.ny.us> Cc: 'MKIMACK2@VERIZON.NET' <MKIMACK2@VERIZON.NET> Subject: LEGAL NOTICE Please publish in the March 14,2019 edition of the Suffolk Times and on the Town Website. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 1 R Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, March 08, 2019 1:41 PM To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com),' Dinizio,James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: 'MKIMACK2@VERIZON.NET' Subject: LEGAL NOTICE Attachments: LEGAL NOTICE.docx Please publish in the March 14,2019 edition of the Suffolk Times and on the Town Website. Elizabeth A.Neville, MMC Southold Town Clerk,Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631 765-6145 Cell 631466-6064 1 #0002321310 Ic STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES ' a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 03/14/2019 -k Principal Clerk Sworn to before me this day of CaRIS11 LINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Qualified In Suffolk County My Commission Explrot igbr-, ry TYPESET: Fri Mar 08 15.00:26 EST 2019 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is con- sidering the Change of Zone application of RQA Properties LLC on the property iden- tified as SCTM#1000-102.00-003-001.000 from;and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the 9th day of April 2019 at 7:00 P.M.at the Southold Town Hall located at 53095 Main Road,Southold,New York,and directs the Town Clerk to publish notice of such application in the Suffolk Times newspaper not less than ten(10)days nor more than thirty(30)days prior to such hearing,on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property iden- tified on the Suffolk County Tax Map #1000-102.00-003-001.000 from R40(Resi- dential)to B(General Business)All that cer- tain plot,piece or parcel of land,situate,lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York and more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road;THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East,200 feet to a mon- ument;THENCE South 35 degrees 14 min- utes 50 seconds West,202 67 feet to a mon- ument, THENCE North 45 degrees 29 minutes 00 seconds West, 175.00 feet to the said southerly side of Main Road;THENCE along the southerly side of said Main Road following two(2)courses and distances: 1) North 29 degrees 44 minutes 00 seconds East, 27.55 feet to a monument;2)North 28 de- grees 12 minutes 30 seconds East,180.62 feet to a monument at the,point or place point of BEGINNING. Subject property consists of 37,421 square feet=0.859 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. Dated:January 29,2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville Southold Town Clerk 2321310 Norklun, Stacey From:Neville, Elizabeth Sent:Friday, March 08, 2019 1:41 PM To:legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio, James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc:'MKIMACK2@VERIZON.NET' Subject:LEGAL NOTICE Attachments:LEGAL NOTICE.docx Please publish in the March 14, 2019 edition of the Suffolk Times and on the Town Website. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the Change of Zone application of RQA Properties LLC on the property identified as SCTM#1000-102.00-003-001.000 from; and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town th of Southold will hold a public hearing on the 9 day of April 2019 at 7:00 P.M. at the Southold Town Hall located at 53095 Main Road, Southold, New York, and directs the Town Clerk to publish notice of such application in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing, on a proposed Local Law entitled “A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property identified on the Suffolk County Tax Map #1000-102.00-003-001.000 from R40 (Residential) to B (General Business) All that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York and more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road; THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East, 200 feet to a monument; THENCE South 35 degrees 14 minutes 50 seconds West, 202.67 feet to a monument; THENCE North 45 degrees 29 minutes 00 seconds West, 175.00 feet to the said southerly side of Main Road; THENCE along the southerly side of said Main Road following two (2) courses and distances: 1) North 29 degrees 44 minutes 00 seconds East, 27.55 feet to a monument; 2) North 28 degrees 12 minutes 30 seconds East, 180.62 feet to a monument at the point or place point of BEGINNING. Subject property consists of 37,421square feet= 0.859 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. Dated: January 29, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on March 14, 2019 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P.O. Box 12179, Southold, N.Y. 11971 Copies to: The Suffolk Times; The New London Day; Town Board; Town Attorney; Town Clerk Bulletin Board; Town Website; Michael A. Kimack; Richard E. Bozsnyak RQA Properties ■ f, , Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, March 01, 2019 2:19 PM To: 'MKIMACK2@VERIZON.NET' Subject: Emailing: RQA Properties C of Z Ap_20190301140524 Attachments: RQA Properties C of Z Ap_20190301140524.pdf Importance: High - Good Afternoon Mr. Kimack, Attached, please find Town Board Resolution No. 2019-138 setting the date of the public hearing on the change of zone application of RQA Properties for 7:OOPM,Tuesday, April 9, 2019. 1 will be advertising the public hearing in the Suffolk Times newspaper in the March 14, 2019 edition as the law calls for a minimum of ten (10)days, but not more than thirty (30) before the public hearing: -I have also included instructions in accordance with Chapter 55 of the Town Code for you on the posting of the property prior to the public hearing. I will print the paper copy of the sign for you. But, it is your responsibility to post the sign on the property. Also,on the sending out'of notices to all owners of record of every property which abuts and'every property which is across from any public or private street from the property. Please confirm receipt of this e-mail and contact me with any questions you may have. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228'Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: RQA Properties C of Z Ap_20190301140524 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. f • 1 - LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE AND MAP NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the Change of Zone application of RQA Properties LLC on the property identified as SCTM#1000-102.00-003-001.000 from; and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on the 91h day of April 2019 at 7:00 P.M. at the Southold Town Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice of such application in the Suffolk Times newspaper not less than ten(10) days nor more than thirty (30) days prior to such hearing, on a proposed Local Law entitled"A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of the property identified on the Suffolk County Tax Map #1000-102.00-003-001.000 from R40 (Residential)to B (General Business) All that certain plot,piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York and more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road; THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East, 200 feet to a monument; THENCE South 35 degrees 14 minutes 50 seconds West, 202.67 feet to a monument; THENCE North 45 degrees 29 minutes 00 seconds West, 175.00 feet to the said southerly side of Main Road; THENCE along the southerly side of said Main Road following two (2) courses and distances: 1)North 29 degrees 44 minutes 00 seconds East, 27.55 feet to a monument; 2)North 28 degrees 12 minutes 30 seconds East, 180.62 feet to a monument at the point or place point of BEGINNING. Subject property consists of 37,421 square feet= 0.859 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. Dated: January 29, 2019 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on March 14, 2019 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P.O. Box 12179, Southold,N.Y. 11971 Copies to: The Suffolk Times; The New London Day; Town Board; Town Attorney; Town Clerk Bulletin Board; Town Website; Michael A. Kimack; Richard E. Bozsnyak RQA Properties RESOLUTION 2019-138 3 ADOPTED DOC ID: 14895 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-138 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 29, 2019: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from RQA Properties LLC regarding a portion of the property identified as SCTM #1000-102.00-003-001.000 from R40 (Residential) to B (General Business); and be it further RESOLVED that the Town Board of the Town of Southold requests that the Planning Board prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP report and recommendations; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Suffolk County Planning Commission prepare a report and recommendations on the proposed rezoning; and be it further RESOLVED,that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by changing the Zoning Designation of a portion of property identified on the Suffolk County Tax Map asLot#1000-102.00-003-00 1.000 from R-40 (Residential)to B (General Business) at Southold Town Hall located at 53095 Main Road, Southold,New York, on the 9th day of April,2019 at 7:00 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times newspaper not less than ten(10) days nor more than thirty (30) days prior to such hearing. 9 f � Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Chapter 55 PUBLIC BEARINGS, NOTICE OF §55-1.Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 by L.L. No. 25-1995.Amendments noted where applicable.] §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that 'an application or petition is complete, the board or commission-reviewing the same shall fix a time and place for a.public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or`commission shall cause-a notice giving the time, date, place,and nature of the hearing to be pubiished in the official newspaper within the period prescribed,by,law. B. Applicant or petitioner responsibility,for posting and,mailing;noti'06:-An application or petition, initiated, proposed or requested-by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice,requirements set forth below: 1 The applicant or petitibnefls r�"wired io erect the sign provided by the Town, which shall be prominently.displayeO,on the*premises facing eac -pu icor private 'Street which,.the property involyed in the application or petition abuts, giving' notice of the application or petition, the nature of the approval sought thereby.and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of:thy public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to.commencement of the public hearing. •(2) ' -The a�plicant or petitioner is required to send notice to-the owners-of record-of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such-notice shall be made by certified mail, return receipt requested,posted at least seven days f prior to the date of the initial public hearing on the application-or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area.of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file- an affidavit that s/he has complied with this provision prior to commencement of the public-hearing. •i 55:1 OS-01-2006 §280-156 SOUTHOLD CODE §280-159 any appropriate action or proceeding, whether by local process or otherwisevmay be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE XXV1II ' Amendments [Amended 5-30-1975 by L.L. No.3-19,75; 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; 11.13-1990 by L.L.No.26-1990; 12-27-1995 by L.L. No. 25-1995; 6-3-2003 by L.L.No. 12-2003] §280-157. Procedures. The Town Board, upon its own motion or by petition, may, from time to time, amend, supplement;change, or modify this chapter, including the Zoning Map, by-proceeding in the manner provided in this article. For the purposes of this article, an amendment also includes, but is not necessarily limited to, a supplement, change, or modification. A. The Town-'Board, by resolution adopted at a stated meeting, shall fix the 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. At least 10 days' notice of the time and place,of such.hearing shall be published in the official.inewspaper. B. " The Town Board, before publishing notice "for a public hearing, shall, in a written request, instruct the Town Planning Board to prepare ,an official report regarding the proposed"amendment, including the Planning Board recommendations.. " C. - Aii"amendment-initiat'ed,-proposed--or•requested-by--a-,petitioner;-other--than-the=-Town -Board or other "Town agency,_.shall also be subject to tiie" -additional -procedural. requirements_set forth in'subsequent sections of this article. §280-158: Fees for petitions for proposed amendments. Every petition for an amendment to this chapter or the Zoning Map shall be filed with,the Town Clerk and shall be accompanied by a fee for administrative processing as established by a resolution of the Town Board. The fee for a petition for a.change of zone to the Affordable Housing- District is set forth in §280-29A. The petitioner•shall also be responsible for reasonable and customary professional review fees relating to environmental review of the petition- _ §280-159. Additional notice requirements relating to petitions for proposed. amendments. A. In the case of a petition requesting an amendment in zoning district classification or the Zoning Map, 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 280:146 -05-01-2006 §280-159 ZONING §280-159 that any petitioner owns or has any interest in any property imn%diately 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/her agent, within five days preceding the filing of the petition in the Town Cl'erk's office_. Proof of mailing of such notice in the-form of a statement sworn to by petitioner or his/her agent shall be filed with the Town Clerk at the time of filing the. petition. Such notice-shall contain the following information`: (1) A statement that the petitioner proposes to file a petition with the Southold Town Clerk requesting a'.change of zone classification- (2) A description bf the street location and-`the area of the property which is the 'Subject of such petition. (3) The present zone district classification of the property,and the--proposed zone district classification- (4) A statement that within five days-of the-notice 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. (5) A statement that a-public hearing:with respect to.such petition-must be held by the Southold Town Board before such change of zone-can become effective; that the' person to whorri the notice isi addressed;•or his representative; has the right fo appear and be Beard at such hearing; and that a:notice of,such bearing will be, published in the official Town-newspaper•not less than 10 days prior to such public - hearing- B. In lieu of complying with the 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. D. In addition to the above notice requirement, prior to holding a public-hearing on the petition, notice shall be provided pursuant•to Chapter 55, Notice of Public Hearings. - 280:147 10-15-2007 CG>ClptT� '.:AND`TtEGIONAL PLANNING §239--4 2R9=i COU'Oy' ";A-D �G'X.4N�,PLA'.I�iIfhI ;i' 1 S.Library Regrepces (c) impact of proposed.land'uses on existing and proposed county ,, American Digest System ` •- ' or state itnstjtitional or;other uses; Zoning and Planning 0}353. i d protection o£ community character as re ards redominant °as' � ) P ty. . !g. P ,. wL wssr�I aw"topic llto:ata. " ' 1: ' land•,uses, :papulation density„aild'te,relation between residential C.T.S','2oitiri9 dAd2'ahONanning§ 10 -178=173,•183. ” r `' i and.norlresid ntial areas; t; WEg'h AWRese" : i '•,,s; ;'. .:r .., i ;, (e) drairiage; In:a'Caselaw.,database, run TO(414).or,•414k[add key n6nbe•]:+to re6rieve•cateS i rel4igd to Zgning and Plaaininp; :c (f) comiatin ty facilities;, ; (g) official imunicipal and'county development'policies, as may be M;23,9—j, 239�k:,, Repealed,. L.1998,•cr.451'.§•2, eff. July, h, expressed through comprehensive plans, capital pi`o'gi�rm9-or regula- tory'measures;'and 1y, Historical•and Statutory Notes (h),such:oilier matters as.may relate to the;public convenience, to, 7,•: r ;• governmental efficiency, and to the achieving and maintaining of.a Section 2397j,'relat` to a ung r, ,,rrpits fqt SectiRn;'239rk,,relatltig,to red 9ations satisfactory�ommuriity enviro=ent'.. t buildings W'rights-of-vbay or''sites pre=' for cont;6l bf developn�ettt,was dddedt� - A, �erved.by the, cial map, wa$ a�ded by,, 1.,1958,.c: •740;,;•§ i :and. amended by 3.' Review considerations:'`'Izi:ho way'shall the'review of inter- ;1 and anended' l y' 'T:19158,c.•961; §'1'and'1:,1'980, c:'371, Lt]9G8,•c:9$1�§'i1� See, Ytov General § 1: See; navy,'Geii'eral iVIunicipal Law community and county-wide considerations pursuant: to the provi; ; >; Municipal Law§ 239 ;y ;,;•.;;;, : . ;§'234 £:. •; , - cions.of this Sectign, or purs,cant.to,sectlons,tw+o;hunciredthirty-nine- m and two hundred thirty-nine-n..o£ this"article,•preclude a county lanxiin• a ency or a•regional planning council from making infor- 2394. Ci ' oordi�ia'tion o`f•certain imumcip° l'zoning'"and planning P g• ,g; '„• f'` actiohs;, legi'sla ive'mterit 0 icy mal comments, or supplyin such,.techaical assistance as may be g• requste ed<by a municipality. t a ' 1. Definitions. For tbeezp o,•ses`o£:tTiis tsectipzi,anc sectioni; twQ hundred thirty-nine-m 4'n' vo Etridred thirty-nine-rx ltif this:aiticIe, (Added L;1997,c."459,§ 1,eff.July L.1998.) -tlie•foll i%ing terms s lia11•'alipaly: o . . , . , ;,:••': : :,�. :•. . ., � '` a)`"�ouYitj�: planrii g agency" means a 'conn lanitiri 15 and Historical and Statutory Notes cd�iimisSiorY or btlier' ` L.1997 c. 591e slatiou agency authoriiCe&(b� rEie•county legpsJafM:litid� 4 gl Derivation. ! to,review proposed actions referenced-,for;iriter�c niinu or,c un- L:19.0,:c.'4�5§,§ 4 provides: General;Munigipal Law.§ 239-1. •Add- nYty ' eft -L.1960, . c, 1041, § 1; amended ;1 ty-wide'considdrations subject to the provisions of this sectiori,-,and "This ict:�Vi l take' ffect oil tete same t 1961,.c.'s3$, §'�;' L.1968, c. 964e § 1, FM1• sections two,hundrecjFthirty-i}izie-iT1;and Hundred thirty-nine-n of date as{'4,i hapten of e_lsw's o19,97 this article. 1L;199 y'c,4541 ef€.1Wy?1-�1990x,aiuend. Former Sections.' { �� A°former'§•239-1,•t'elating to legislative �.„':'• ing tlie,genet municipal law relatitig-to,. and '-R1*gioxsal.plaltning council" means a regiigiial;pfanxiing board county' planning boards and regional cert municz intent:1 zopin coordinationdtannin f �n Pa g a4 .P g or agency,established•••pursuant to *the provisions;Of,',this'chapter. lrl pi]fig dtiuflcils'acid to-repeal:'ceftain actions, was added by L.1960, d. 1041; ; �• ' provisions,of sua}i;;law,relating to metro�;r §'•1;•amlcnded liy L,1961; c. 835, § i and t, 2. Intent. The purposes of"this.section;. secti©ns:�two•huridred Politani regio�al...and•-ppunty p1anWx19j.;-L.j.908,•:c::96,2, §.1 and repealed by thirty-nine,m and two'huri-dred'Thirty-niile�h7,of'thig article•shall•be:t6 boards] aid to •amen'] the general city L,19 j7, C.. 459, §,1•,•eff,'July 1, 1998. bftg'pertinent iAter-Poxriiniiriity and coilnty-wiida}17lanniri ,:�oniri ; law, the town law .and the.village law See,now,';this section. cite plar}';az�d`subdivision c6pt iderations to the attention,oi nelgli}ior= relating to:the; recofding of subdivision Another former§ 239-1, relating to in. Inmunici ,`''•' Plats, las proposed in Legislative Sill• .-tergovernmental relations councils, was g palitims,- and agencies haying jurisdiction.• .Such reVieiy numbers S?••780-A'--.A:•1478-A',' takes renumbered '.Genial Municipal Law ,may int lode'.inter-commiinity -and county wide considepador' .in effect" §,239.n by L.1961,c.728,§ •i. respect'to the following- (a) ollowing(a) compatibility,•of various land uses with one another; '• '' ]Legislative Histories, �' ; (b) traffic generating characte tics Of various land .uses,in tela L'1997; c.'459: g of Legislative, Exec�y,ve or Judiciai memorandum relating to tion to:,t'lie`,effect' of s'izck traffic on other."land uses �d 1 the • `- flits, law, see the Table of Cont nts in MclCiniiey's.1997 Session Laws of adequacy of existing and proposed thoroughfare•facilities; - NevN York. 116 117 ..AND. 4EGIDNAL••FLAWMG r, §•239—m § 23964 COUNTY A4DD'REGIONA~L'TLAPiE11IINq-; t felriir body" shall:mean the city, -. e.erm, re g• ty,'tavin or village ,•' ,y,teapoxlsible�fgr=final'actionm,proposed actions subject to-this. Amoricam L•a%&Reports tion: a ; r' {I STEL i' Standing of municipal-corporation,or other•govgrnmental body tq,aftacli zoi ing:of. ; „ land lying outside its borders:49'AI Rad 1126. ' ( = 'The;term;"full statement,of such proposed action!' shall,mean ++ nateriais;required:by,,and'submitted to the:referring:body as,an Validity and construction'of zoning ordinance requiring developer to devote ;! , specified part of developrnent to•,low and.moderate.incorrie.hbtssing:r62f{ icati9n pa a.proposed,acti, Tnoluding•_a.eompleted environmen- ALR3d 880. , - ! .assessment form and;all,other materials xequired,by such ref4r- ' Validityof zoning ordinance deferring residential 8evelo merit until establish g g P merit+ g;body,i1z,order= to,make its,dete'rm}nation of significance pursuant '63 ALP rs•of public services in area. t1'1e" state . qualit y review, act under article eight,of envi'ronriiental conservation law•'and its imp lenneng tin repla- Library References tions. When the•proposed action referred is the adoption or amend m Aer�r Digest'S�stem E dent 'of a zoning br'diriadi 6 or•local'1'aw, "Hl`statdmdnt-of such Zoning and Planning c�353. prop action'•''"shall also include-the"corripl' e't4t�of•the proposed EncO.J,S.d o ordinance or local law as'Well•as all existing'provisions io'be'aff6g6d C'.J,S.Zoning and Land'Pl'�nning§§ 10,-17&, 179; 183. �ii, tfiereb'y,if any, if not already--in-the posse§sion'of the co Texts Texts Arid Treatises 12 NY Jur 2d,Buildings,Zoning,and Land 54, 11I,' agency:or•regional-planning council. •Notwithstanding"the foregoing § ' �'�' ' •, Anderson, New York Zoning,-l�aw and Practice (3d Ed). Ch.. 11-16,•Zoning for• pnny-1-f Is.of this paragraph, any referring•"body inay agree with,the Particular Uses, :c,ggnty,planning agency,•,or•;regional planning council as-to-what shall WESTLAW'Research '3 cali5titilte`a tiff-statement'-,' for any,+or all of those proposed-actions _ +�: In a caselwd database, tiro Tl7(414}•or 41'41<[add'•key*humber] to'retrieve cases. tV11iC 1:Sald reeLTing bOdy,iSauthc)xized t0 act upon. i related to zpning,an8 Planning. (d),The.,term. "receipt!•shall znean,,delivery of;a:£izll,statement,of such,proptosed'-action,;as defined,in•this,tseetion, in;accordance with Rovs:,bf Decisions r e ' s .:�,+ : .• ,s:aird.,regulations,6T,the.douniy;pIanriing.agency or regional the xul Due process 1 within,one mile of airporE whs:not de i pla'tNhg cauncil'lwith res'ect-to' ersort' lace and'' eriod of time'for Review Considerations,generally 2. •pilve'd pfxiue;process.. City,of Rochester t { p �' ',p p v.MonroeeCounty, 1974, 81,Misa2i1462� submis ion. In.rip event SQLIIeh rule,or,regia Oft gn;cief ne,delivery' !i 364 N.Y.S.2d 678. so,.,.as,-,to require,-in.•,haa4,.deAvery ,or:•delive more,,tlk ' �; •. :,;•.w �'.:. , n•, twelve 1. Due process caleridar''days pRor'.to,`.the::co*ty plalin' 'agency's=ot regional P 2. •Review considerations,generally i ,r,..= r�, ::.: planillzlg'cou>Slcil s meeting,da e., .In the absenoe of a such rules'or '- Where county charter provided for cep- There was no want o£pr'opCi'standards :.,. ,. ;«„ ,.. �r;;��.-; ,,, ny, , peal to county.planning'.board.from de. ,or criteria set up by this section for debts 1^egnlatlOris,' rece%pt�� shall`rriean delivery in.-liaiid br by mail to the .i{ f - ! ;. : sioris My'planning di�recYor .relating ,'t4 `sions by NJQnroe,County Planning Corin. CAQTIC'Of Mlle eoil`ti �' lai a'a IIc or a Iona) la m otuicil: ;,A zg land use-within dne mile of airport,:city. , tilt -McLvpj-pdd' a West;Midge,.inc.V. [r ere'de7iVe l'p '' g ;y r p e whose, applications to construct replace; Zoning sd.of Ap�e4 of Town o£'GreGce; ry lS'made 1n lurid;'the dafe'.ofreceipt'sliall be the date merit, swimming. pool in--park, located 1972;'69;lvifsc:2d 55;..329 N.Y:S:2d;171i of,delvery.".tlUhere dolidery'fs rnacle by'mail, the date,as postmarked `• , ,, , ;;, . :, „`, ' ' . ;r; ;.`< - ,.i shall bei-thd date of deliv Tyr '''pHe`p'rgtrisioiis o£-this section shall•Iiot 2.39—iu. Rgferral.-of'certain proposed city, .town.,,ancJ-,;�1llage p�eclutle.the rule's and regulations•of.the,cqunty.plan u a nc 'o nig ge 3' r t, plax injrtgand,zoning actions to 'tine'county planning regional tplanning`covncil:frorn provid_zng ti'r.at the•delivery may,be a agency or,re conal pkh nirig council; "report.therepri;• period.greete `t i n;.t relve daya,provided`the referring body and the final acfign r'; i county planning agent or.regioi}al•ptaruiing'coullcil a ree Y„ in writing 1'. , D'efinitions. As used herein: to such"I'onger'period, z,:• ;a= :Re erral;•o£. roposed planning,and,zoning actions., Irran ci (a) The term '•`proposed"„as,;rxsed irn•subparagraphs (ii) and (iii) of P y ty, paragraph(b) of sub'dipisior%three'of this,section shall be deemed tb town,or- village' which,isIa6died' in a•county:whicli,..has: a• county ' include,only-those recreation, areas, parkway4s,J thruways, express- planningf.agency, ar„,in;,the-.absence -6f'A county, planning agency, ways, roads or highways whwh are shown;on a county'comprehen- which`is roc ted•withitz the jurisdiction of a''regional planning council ' sive, ran ado ted ursuant to se,,ction,two hundred rii�ie-ci'of duly created pursuant,to the provisions of,law, each referring body P l? p .,..., 3 this article or adopted on an o£fictal'm.ap-pur's'uant t6-.se6tiori't4vo �' ! hundred thirty-nine-e of this•article. t