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HomeMy WebLinkAboutReeve, HR 1000-140.-1-6STATE OF NEW YORK DEPARTMENT OF STATE z ONE COMMERCE PLAZA 99 WASHINGTON AVENUE- ; ALBANY, NY 12231-0001 WWW DOS NY GOV Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 February 21, 2020 RECEIVED MAR - 2 2020 Southold Town Clerk ANDREW M. CUOMO GOVERNOR ROSSANA ROSADO SECUTARY Or STATE RE: Town of Southold, Local Law 1 & 2 2020, filed on February 12 2020 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 NE1NY0RK ', epartt`� ent srnTror OOPOR FON ITY cif S'Late ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o��g�FFO(�-co cis = oy Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EL563072360LJS February 11, 2020 � Priority Mail Express RE: Local Law No. 1 & 2 of 2020 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 1 & 2 of 2020 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, � Q Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney it It Rudder, Lynda From: TR - Legals <legals@timesreview.com> Sent: Monday, February 10, 2020 2:09 PM To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio, James; Doherty, Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: Re: ENACTMENT HR REEVE for publication Attachments: Ad_Order_Form[10].pdf, Ad_Image_Preview[14].pdf Hi there, 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. rTmE, i REVIEW ME09A GROUP ,- Kimberly Gersic Sales Production Assistant 631.354.8013(direct) kaersic(@timesreview.com www.timesreview.com From: "Rudder, Lynda" <lynda.rudder@town.southold.ny.us> Date: Monday, February 10, 2020 at 1:52 PM To: TR - Legals <legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis, Jessica" <jessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny. us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio, James"<james.dinizio@tovvn.southold.ny.us>, "Doherty, Jill" <jill.doherty@town.southold.ny.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans <lpevans06390@gmail.com>, "Nappa, Sarah" <sarahn@southoldtownny.gov>, "Neville, Elizabeth"<E.Neville@town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun @town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, "Burke, John" <johnbu@southoldtownny.gov>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" 1 <marys@town.southold.ny.us> Subject: RE: ENACTMENT HR REEVE for publication PLEASE PUBLISH, thank you From: TR - Legals <legals@timesreview.com> Sent: Monday, February 10, 2020 9:47 AM To: Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; Michaelis, Jessica <jessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny. us>; Southold Local (denise@southoldlocal.com) <denise@southoldlocal.com>; Dinizio, James <james.dinizio@town.southold.ny.us>; Doherty, Jill <jill.doherty@town.southold.ny.us>; Doroski, Bonnie <Bonnie.Doroski@town.southold.ny.us>; Ghosio, Bob <bob.ghosio@town.southold.ny.us>; Louisa Evans <Ipevans06390@gmail.com>; Nappa, Sarah <sarahn@southoldtownny.gov>; Neville, Elizabeth <E.Neville@town.southold.ny.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Norklun, Stacey <Stacey.Norklun@town.southold.ny.us>; Russell, Scott <scottr@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>; Tomaszewski, Michelle <michellet@town.southold.ny.us>; Burke, John <johnbu@southoldtownny.gov>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon <damonh@southoldtownny.gov>; Silleck, Mary <marys@town.southold.ny.us> Subject: Re: ENACTMENT HR REEVE for publication Received. We will not publish. TIMESREVIEW �1 MEDUA, GROUP Kimberly Gersic Sales Production Assistant 631.354.8013 (direct) kqersic@timesreview.com www.timesreview.com From: "Rudder, Lynda"<Ivnda.rudder@town.southold.ny.us> Date: Monday, February 10, 2020 at 9:42 AM To: TR - Legals <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" <lames.dinizio@town.southold.ny.us>, "Doherty, Jill" <fill.doherty@town.southold.nv.us>, "Doroski, Bonnie" <Bonnie.Doroski 2town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, Louisa Evans <lpevans06390@gmail.com>, "Nappa, Sarah" <sarahn@southoldtownny.gov>, "Neville, Elizabeth" <E.Nevil le town.southold.nv.us>, "Noncarrow, Denis" <denisn@southoldtownnv.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny. us>, "Rudder, Lynda" <lynda.rudder@town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>, "Burke, John" <iohnbu southoldtownnv.gov_>, "Duffy, Bill" <billd@southoldtownnv.gov>, "Hagan, Damon" <damonh@southoldtownnv.go_v_>, "Silleck, Mary" <marvs@town.southold.nv.us> Subject: FW: ENACTMENT HR REEVE for publication Please do NOT publish this until further notice from this office, Thanks From: Rudder, Lynda <Ivnda.rudder@town.southold.nv.us> Sent: Monday, February 10, 2020 8:55 AM To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; Michaelis, Jessica <iessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southoId. ny.us>; Southold Local (denise@southoldlocal.com) <denise@southoldlocal.com>; Dinizio, James<iames.dinizio@town.southold.ny.us>; Doherty, Jill <iill.doherty@town.southold.ny.us>; Doroski, Bonnie <Bonnie.Doroski@town.southold.ny.us>; Ghosio, Bob <bob.ghosio@town.southold.ny.us>, Louisa Evans <lpevans06390@gmail.com>; Nappa, Sarah <sarahn@southoldtownny.gov>; Neville, Elizabeth <E.Neville@town.southold.nv.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Norklun, Stacey <Stacey.Norklun@town.southold.ny.us>; Rudder, Lynda <Ivnda.rudder@town.southold.nv.us>; Russell, Scott <scottr@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>; Tomaszewski, Michelle<michellet@town.southold.ny.us>; Burke, John <iohnbu@southoldtownny.gov>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon <damonh@southoldtownny.gov>; Silleck, Mary <marvs@town.southold.nv.us> Subject: ENACTMENT HR REEVE for publication Importance: High , Please publish in the 2/13 edition of the Suffolk Times and the tow website, thank you. r 3 NEW YORK STATE DEPARTMENT OF STATE Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 Local Law Filing (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. ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Local Law No. 1 of the year 2020 . A Local Law entitled, A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40 Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. ' Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239-f-1(Rev 04/14) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 1 of 20 20 . of the (Town) (Village) of SOUTHOLD was duly passed by the TOWN BOARD on April 9 , 20 19 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re -passage 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 disapproval) by the in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) _20 , and was (approved)(not approved)(re-passed after and was deemed duly adopted on 20 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 disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors 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 disapproval) by the on 20 Such local law was subject to 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 of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-1(Rev 04/14) 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 cities 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) DOS-239-f-1(Rev.04/14) Clerk of the C6finty legislative body, City, Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: February 10, 2020 3 RESOLUTION 2019-223 ADOPTED DOC ID: 14957 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-223 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40"; and WHEREAS, on January 30, 2019, pursuant to §280-29(C), the -Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold, subiect to the Applicant Flin with the County Clerk covenants and restrictions on the subiect property approved by the Town Attorney prohibiting hotel and restaurant uses on tine LB zoned property and limiting lot coverage to 15%, hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from 'B (General Business) & R-40 to LB (Limited Business) & R-40 " which reads as follows: LOCAL LAW 1 of 2020 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town ` W Resolution 2019-223 Board Meeting of April 9, 2019 of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-140- 01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. a �Oqo" Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AWES: Ruland, Doherty, Ghosio, Evans, Russell ABSTAIN: James Dinizio Jr Updated: 2/10/2020 8:45 AM by Lynda Rudder ' Page 2 LEGAL NOTICE NOTICE OF ENACTMENT A Local Law entitled, A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of the property of Harold R. Reeve & Sons, Inc. identified as corner of County Road 48, Maiden Lane and Wickham Avenue, Mattituck, New York S CTM# 1000-140-1=6, from B (General Business) & R-40 (Residential) to LB (Limited Business & R-40 (Residential) has been ENACTED by the Town Board of the Town of Southold on April 9, 2019 subject to receipt of approved Covenants and Restrictions filed in the Suffolk County Clerk Office. The Official Copy of the Suffolk County Clerk's filing of the approved Covenants and Restrictions were received and filed in the Southold Town Clerk's Office on January 28, 2020. Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as SCTM#1000-140-1-6, from B (General Business) & R-40 (Residential) to LB (Limited Business) & R-40 (Residential). Section 2. Code Amendment. Based on the goals of the town, and upon our consideration of the application and of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby AMEND the Official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM# 1000-140-1-6, from B (General Business) & R-40 (Residential) to LB (Limited Business) & R-40 (Residential) The property is located at 1605 Wickham Avenue, Mattituck, New York. Section 3. Severability If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgement shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date A complete copy of the summarized local law above shall be available for public inspection during normal business hours at the Office of the Town Clerk, Town of Southold, New York. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: January 28, 2020 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville, Southold Town Clerk Please publish on February 13, 2020 and forward one affidavit of publication to Elizabeth A. Neville, Town Hall, P.O. Box 1179, Southold, NY 11971 Copies to: The Suffolk Times, Town Board, Town Attorney; TC Bulletin Board, Town Website, Abigail Wickham, Esq. Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, January 31, 2020 1:23 PM To: Rudder, Lynda Subject: FW:'4R Reeve Change of Zone Attachments: Printout-14957-1034-M51150.doc; ENACTMENT HR REEVE.docx !�11 Importance: High Categories: Red Category FY! From: Neville, Elizabeth Sent: Friday, January 31, 2020 1:22 PM To: Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: HR Reeve Change of Zone Importance: High Bill, The attached Resolution 2019-223 was ADOPTED on April 9, 2019. The filed Covenants & Restrictions were received in my office on January 28, 2020. (A copy of this resolution is attached.) Do you think it is necessary to adopt another resolution stating this? Or this 2019 resolution will cover this 2020 Enactment and filing with the NYS Department of State. The second attachment is the "Legal Notice of Enactment" Please review both documentsand let me know your decision. IF47 ,I ✓WA;k, 10Aam 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 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, January 31, 20201:22 PM To: Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: HR Reeve Change of Zone Attachments: Printout-14957-1034-M51150.doc; ENACTMENT HR REEVE.docx Importance: High Bill, The attached Resolution 2019-223 was ADOPTED on April 9, 2019. The filed Covenants & Restrictions were received in my office on January 28, 2020. (A copy of this resolution is attached.) Do you think it is necessary to adopt another resolution stating this? Or this 2019 resolution will cover this 2020 Enactment and filing with the NYS Department of State. The second attachment is the "Legal Notice of Enactment" Please review both documentsand let me know your decision. Wp/aGef/zevilleJI�'J// 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 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, January 31, 2020 11:47 AM To: Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: App-roval for Enactment? Attachments: CofZ HR Reeve Covenants_20200128135621.pdf Importance: ' High - Please review the attachment documents and advise as to whether or not an "Enactment Resolution" may be placed on the Town Board agenda. - �plv�aGet/z evil/e gnjvi 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 1 LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-298-8353 JANET GEASA TELEFAX NO. 631-298-8565 awickham@wbglawyers.com January 24, 2020 Attn: Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Harold R. Reeve & Sons, Inc. - Change of Zone County Road 48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-01-6 Dear Ms. Neville: :RECEIVED JAN 2 8 2020 : '+ ®Id 1'®v�►n Clerk With respect to the Town's approval of the zone change in the above referenced matter, I have enclosed a certified copy of the required Covenants and Restrictions for Lot No. 4 which were recorded on January 2, 2020 in Liber 13042 page 346 in the Suffolk County Clerk's Office. Very truly yours, Abig 1 A. Wickham AAW/dm encl Re/reeve/llrf ownbdnevrNe2020 cc. Bill Duffy, Town Allorney C CC #: C20-56 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 01/02/2020 under Liber D00013042 and Page 346 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 01/02/2020 SUFFOLK COUNTY CLERK <�;?" �crL Q. r�Q� JUDITH A. PASCALE SEAL JUDITH A. PASCALE County Clerk, Suffolk County SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of'Instrument: DECLARATION Recorded: 01/02/2020 Number of Pages: 8 At,: 11:28:37 AM Receipt Number : 20-0000405 LIBER: D00013042 PAGE: 346 District: Section: Block: Lot: 1000 140.00 01.00 006.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP -584 $0.00 NO Notation $0.00 NO Cert.Copies $10.00 NO RPT $200.00 NO Fees Paid $290.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 III 2 Number of pages 9 This document will be public record. Please remove all, Social Security Numbers prior to recording. RE CORI] E%.� -,i'00 1 an 02 11 n 20, : A1`1 ._r1.1L-11*14 A. PAECALE CLERK OF SUFFOLK C.Ol_iNT`r P :346 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Mortgage Amt. , Page /Filing Fee 1. Basic Tax Handling 20. 00 2. Additional Tax SubTotal TP -584 Spec./Assit. Notation 7� ( or EA -52 17 (County) SubTotal e -y Spec. /Add. TOT. MTG. TAX EA -5217 (State) l3 fJ Dual Town Dual County R.P.T.S.A.U ®brT, Held forAppointment Comm. of Ed. 5. 00 y ,; s Transfer Tax Mansion Tax Affidavit., .� pp //�� � y The property covered by this mortgage- is Ge ifie,d�d y 16 oc) or will be Improved by a one or two NYS Surcharge 15. 00 �7 D — family dwelling only. Sub Total YES orNO Other r Grand Total Zeto If NO, see appropriate tax clause on page # of this instrument . - z 4 1 Dist. i000 4011326 1000 14000 0100 006000 00 Real Property p T S f Tax Service R CWH,} III�IIIWII�I�Ii�IuuIIIIII�Illllllll f Agency 10-DEC4 Verification 6 Satisfactions/Discharges Relea e RETURN TO y Owners Mailing Address RORssi.ev s Gevis i4, P.C. PO Boy. I4A 5 I Community Preservation Fund Consideration Amount $ ICPF Tax Due $ Improved Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 'Title Company information 310 Center Drive, Riverhead, NY 11901 Co. Name � IPI be tri y www.suffolkcountyny.gov/clerk Title # Suffolk County Recording & Endorsement Page This page forms part of the attached DR( ! 0' RV\(A IS Q� Y � 14 VK t made by: i I (SPECIFY TYPE OF INSTRUMENT) HVI (bi LD fZ1�r- The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of J Uyttl Ad TrO�,Vyt 0 _� In the VILLAGE or HAMLET of: AA A +m.J BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over P. DECLARATION OF COVENANTS AND RESTRICTIONS L_ DECLARATION, made the / r day of May, 2019, by HAROLD R. REEVE & SONS, INC., a New York Corporation with offices at 620 Sunset Avenue, PO Box 1441, Mattituck, NY 11952, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 5606 Co. Route 48 and 1605 Wickham Avenue, Mattituck, Town of Southold, County of Suffolk and State of New York 11952, SCTM# 1000-140-1-6, more particularly bounded and described as set forth in Schedule "A" annexed hereto (the "Property"), and WHEREAS, the Declarant has applied to the Town Board of the Town of Southold ("Town Board") for approval of a change of zone for a portion of the Property from `B" General Business and "R-10" Residential to "LB" Limited Business, affecting the property described as set forth in Schedule "B" annexed herdo (the ReZoned Property"), and WHEREAS, in consideration of the granting of the change of zone application, and as a condition of granting said approval, the Southold Town Board has required that the Declarant covenant that the allowable uses of the Rezoned Property exclude hotel and restaurant uses as otherwise permitted in an "LB" zone, and that the minimum lot coverage allowed on the Rezoned Property be limited to 15%, and that the within Declaration providing for such restrictions be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW. THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said Rezoned Property described in Schedule "B" annexed hereto shall hereafter be subject to the following covenants and restrictions, to wit: 1. Prohibition of Restaurant and Hotel Use. The provisions of Southold Town Zoning Code Section 280-41A(5), permitting use of LB zoned property for restaurants, and Section 280-4A(7), permitting use of LB zoned property for hotel use, shall not apply -to the Rezoned Property, and such restaurant and hotel uses shall be Prohibited on the Rezoned Property. 2. Lot Coverage Restriction. The provisions of Southold Town Zoning Code Section 280-42 and Bulk Schedule, providing for maximum lot coverage of 20% of the area of the lot, shall be limited for the Rezoned Property to a maximum lot coverage of 15% of the area of the Rezoned Property. 3. Perpetual covenants. These covenants and restrictions shall gun with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under it, and may not be waived, changed, modified, terminated, revoked or amended by subsequent owners of the Rezoned Property, unless and until approved by a majority plus one vote of the Town Board of the Town of Southold or its successor, following a public hearing. 4. Severability. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged by a court of competent jurisdiction to be illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part,or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2 r 5. Enforceability. The aforementioned Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these' covenants and restrictions has occurred, the Declarant, or its successors and assigns, shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs, and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of said agencies or the Town of Southold to enforce the same sha1T not be deemed to affect the validity of this covenant nor,to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. IN WITNESS WHEREOF, the Declarant above, named has executed the foregoing Declaration the day and year first above written. James F. !Reeve. H 14(Z & i J 1z, 9'e gv 'o—' sv So K -S i 1 � C. STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: On the �IiN day of May, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES F. REEVE, personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. 0j, �/ 14 -LJ Z Notary Public re%&rTownZoningReeve ABIGAIL A. WICKHAM 3 Notary Public State of New York No. 52-4642871 Qualified in Suffolk County Commission Expires Sept. 30, 2002/ Schedule "A" Harold R. Reeve & Sons, Inc. At Mattituck, Town of Southold Surveyor's Description - Lot 4 0 See A4 -+A rA,,4 A A Pl'Su f v y X65 - D e $Ci r p o' ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying, and being at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Lot 4, as shown on Subdivision Plat, "Harold R. Reeve & Sons, Inc.", more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 48), where said northerly side of Middle Road is intersected by the easterly side of Maiden Lane; RUNNING thence North 48 deg. 57 min. 30 sec. West along the easterly side of Maiden Lane 301.6.1. feet.to Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc"; RUNNING thence North 41 deg. 02 min. 30 sec. East along Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc" 94.89 feet to the terminus of Creek View Lane; RUNNING thence along the terminus and the southerly side of Creek View Lane the following four (4) courses and distances: 1._ On the arc of a curve to the left having a radius of 50.00 feet for a distance of 136.13 feet, 2. On the arc of a curve to the right having a radius of 25.00 feet for a distance of 26.64 feet, 3. On the are of a curve to the right having a radius of 487.50 feet for a distance of 86.00 feet, 4. South 51 deg. 21 min. 06 sec. East 12.50 feet to the northwesterly corner of land now or formerly Leroy J. Heyliger; RUNNING thence along land now or formerly Leroy J. Heyliger, along land now or formerly 1 Karen Ann, Clark & Anthony Rutkowski, along land now or formerly Raymond Smilovich, and along land now or formerly Albert Dinizio Trust the following two (2) courses and distances: 1. South 39 deg. 07 min. 20 sec. East 67.52 feet, 2. South 43 deg. 41 min. 20 sec. East 227.79 feet to the northerly side of Middle Road (C.R. 48); RUNNING thence South 43 deg. 12 min. 20 sec. West along;the northerly side of Middle Road (C.R. 48) 265.39 feet to the point or place of Beginning. CONTAINING an area of 81, 595 Sq. Ft. SVVJp�/av rS Dle cvcP+L'uv, SIZE DATA A1iEA . eJIM AlRE4 r�LRVEYOR5 GHtTIFIGATION .SURVEY POR HAROLD R_ REEVE t SONS. ING. at MOtttrel. TOM of So�id wt.1k Gw 4 1bn York BONtDARY SURVEY ••�• �i�.ce.d w rr..l.le.. vri n swe.�• w SCHEDULE B - See- AMAACkPA NAI7 LAW !J ( S, ('\,,Q CJ VkA 1J �A Ap - (V ALL that certain plot,piece or parcel of land with the buildings and improvements thereon ereoted, situate; lying, and being at Mattituck, Town of Southold,, County of Suffolk and State of New York, known and designated as Lot 4, as shown on Subdivision Plat, "Harold R. Reeve & Sons, Inc.", more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road'(CK 48), where said northerly side of Middle Road is intersected by the easterly side, of Maiden Lane-; RUNNING thence North 48 deg. 57 min. 30 sec. West along the easterly side of Maiden Lane 301.61 feet to Lot 3, Subdivision, "Harold R. Reeve.& Sons, Ind'; RUNNING thence. North. 41 deg. 02 rain. 30 sec. East along Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc" 94.89 feet to the terminus of Creek View Lane; RUNNING thence along the terminus and the southerly side of Creep View Lane the following four (4) courses and distances: 1. On the are of a curve to the .left having a radius of 50.00 feet for a distance of 136.13 feet, 2. On the arc of a curve to the right having a radius of 25.00 feet for a distance of 26.64 feet,, 3. On the arc of a curve to the right having a radius of 487.50 feet for a distance of 86.00 feet, 4. South 51 deg. 21 min. 06 sec. East 12.50 feet to the northwesterly corner of land now or formerly Leroy J. Heyliger; RUNNING thence along land now or formerly Leroy J. Heyliger, along land now or formerly Karen Ann Clark & Anthony Rutkowski, along land now or formerly Raymond Sm(lovich, and along land now or formerly Albert Dinizio Trust the following two (2) courses and distances: 1. South 39 deg. 07 min. 20 sec. East 67.52 feet, 2. South 43 deg. 41 -min. 20 sec. East -227.79 feet to the northerly side of Middle Road (C.R. 48); RUINING thence South 43 deg. ,12 min. 20 sec. West along the northerly side of Middle Road (C.R. 48) 265.39 feet to the point or place of Beginning, CONTAINING an area of 81, 595 Sq. Ft. 57 a JOw i m; i J u] b s O W D. - CA -CA o t 13p161 �S I I 1 l 0 I V' I O I • I�, � , - o- 2-I�oa 53Q°0'1'20"E � 543°4120 � 0-1.52 t o �1 \ Opt Pp 1 1 a'{1r1 t r 57 a JOw i m; i J u] b s O W D. - CA -CA o t 13p161 �S I Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, January 28, 2020 2:21 PM To: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Nappa, Sarah; Russell, Scott; Baylinson, Lester, Lanza, Heather; Verity, Mike; Weisman, Leslie; Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: Emailing: CofZ HR Reeve Covenants 20200128135621 Attachments: CofZ HR Reeve Covenants_20200128135621.pdf FYI 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: CofZ HR Reeve Cove nants_20200128135621 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. LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-298-8353 JANET GEASA TELEFAX NO 631-298-8565 awickham rr wbglawyei s com January 24, 2020 Attn: Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Harold R. Reeve & Sons, Inc. - Change of Zone County Road 48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-01-6 Dear Ms. Neville: JAN 2 8 2020 Town Clerk With respect to the Town's approval of the zone change in the above referenced matter, I have enclosed a certified copy of the required Covenants and Restrictions for Lot No. 4 which were recorded on January 2, 2020 in Liber 13042 page 346 in the Suffolk County Clerk's Office. Very truly yours, 1 2L'rilA�� Abig 1 A. Wickham AAW/dm encl Re/reeve/llrt ownbdnevt ll e2l)20 cc Bill Duffy, Town 111torney M �V CC #: C20-56 f� a COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 01/02/2020 under Liber D00013042 and Page 346 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 01/02/2020 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of'Instrument: DECLARATION Recorded: 01/02/2020 Number of Pages: 8 At: 11:28:37 AM Receipt Number : 20-0000405 LIBER: D00013042 PAGE: 346 District: Section: Block: Lot: 1000 140.00 01.00 006.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $40.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP -584 $0.00 NO Notation $0.00 NO Cert.Copies $10.00 NO RPT $200.00 NO Fees Paid $290.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County This page forms part of the attached k, Q (a' 2yrutj, A �� t'a�"f� i� i'c�-s made by: (SPECIFY TYPE OF INSTRUMENT) it Y���u�,�1 n �� k ��✓o�, �t�d- The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of S U avt11 oid Tu vi, vt L� f- Sge -AAJ In the VILLAGE or HAMLET ofA A If i- iil BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING. over Number of pages RECORDED 2i-120 •Jan 02 11.3,3::., �' A11 UDI:TH Ao PAS AL.E This document will be public CLERI: OF. record. Please remove all • Y SUFFOLI` COUNTY Social Security Numbers L DrO01-1•3042 prior to recording. P 346 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp, ; Recording / Filing Stamps 3 1 FEES ' Page / Filing Fee 00 Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP -584 Sub Total Spec./Assit. Notation _ or n EA -52 17 (County) Sub Total Spec. /Add. EA -5217 (State) TOT. MTG. TAX U C%� Dual Town Dual County R.P.T.S.A. C� ®��� Held forAppointment Comm. of Ed. 5. 00 Transfer Tax +. Mansion Tax Affidavit .`�$ ,4 � The property covered by -this mortgage is CeLtlfle,d,COp�r (� � or will be improved' by a one or two NYS Surcharge 15. 00�� — family dwelling only. Sub Total YES or NO Other Grand Total ZOO If NO, see appropriate tax clause on page # of this instrum nt. 4 Dist. 10005 4011326 1000 14000 0100 006000; Community Preservation Fund Consideration Amount $ Real Property P T S Q�® Tax Service R CWH,,at III�II�II��AIfu�Ille1�IIIIII�I�IIIW J $ Agency 1043EC-1 Verification CPF Tax Due Improved 6 Property Owners Mailing Address Satisfactions/Discharg R�CORD e RETU T Vacant Land oressi-ei? 'i Gt visit+ P.C. TD po Boy 14)4 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information Co. Name' I LATI 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Title # v 8 Suffolk County Recording & Enc orsernent Page This page forms part of the attached k, Q (a' 2yrutj, A �� t'a�"f� i� i'c�-s made by: (SPECIFY TYPE OF INSTRUMENT) it Y���u�,�1 n �� k ��✓o�, �t�d- The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of S U avt11 oid Tu vi, vt L� f- Sge -AAJ In the VILLAGE or HAMLET ofA A If i- iil BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING. over DECLAP.ATION OF COVENANTS AND RESTRICTIONS DECLARATION, made the Kday of May, 2019, by HAROLD R. REEVE & SONS, INC., a New York Corporation with offices at 620 Sunset Avenue, PO Box 1441, Mattituck, NY 11952, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 5606 Co. Route 48 and 1605 Wickham Avenue, Mattituck, Town of Southold, County of Suffolk and State of New York 11952, SCTM# 1000-140-1-6, more particularly bounded and described as set forth in -Schedule "A" annexed hereto (the "Property"), "and WHEREAS, the Declarant has applied to the Town Board of the Town of Southold ("Town Board") for approval of a change of zone fol a portion of the Property from `B" General Business and "R-10" Residential to "LB" Limited Business, affecting the property described as set forth in Schedule "B" annexed hereto (the ReZoned Property"), and WHEREAS, in consideration of the granting of the change of zone application, and as a condition of granting said approval, the Southold Town Board has required that the Declarant covenant that the allowable uses of the Rezoned Property exclude hotel and restaurant uses as otherwise permitted in an "LB" zone, and that the minimum lot coverage allowed on the Rezoned Property be limited to 15%, and that the within Declaration providing for such restrictions be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW. THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said Rezoned Property described in Schedule `B" annexed hereto shall hereafter be subject to the following covenants and restrictions, to wit: 1. Prohibition of Restaurant and Hotel Use. The provisions of Southold Town Zoning Code Section 280-41A(5), permitting use of LB zoned property for restaurants, and Section 280-4A(7), permitting use of LB zoned property for hotel use, shall not apply to the Rezoned Property, and such restaurant and hotel uses shall be prohibited on the Rezoned Property. - - 2. Lot Coverage Restriction. The provisions of Southold Town Zoning Code Section 280-42 and Bulk Schedule, providing for maximum lot coverage of 20% of the area of the lot, shall be limited for the Rezoned Property to a maximum lot coverage of 15% of the area of the Rezoned Property. 3. Perpetual covenants. These covenants and restrictions shall i -un with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under it, and may not be waived, changed, modified, terminated, revoked or amended by subsequent owners of the Rezoned Property, unless and until approved by a majority plus one vote of the Town Board of the Town of Southold or its successor, following a public hearing. 4. Severability. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged by, a court of competent jurisdiction to be illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other partor provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2 i 5. Enforceability. The aforementioned Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant, or its successors and assigns, shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs, and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. IN WITNESS WHEREOF, the Declarant above, named has executed the foregoing Declaration the day and year first above written. r ' 4 James F. Reeve. ��e STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: On the / % day of May, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES F. REEVE, personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public re%&rTownZoningReeve ABIGAIL A. WICKHAM 11 OWY Public State of New York No. 52-4642879 Ouallfied in Suffolic County Commission Expires Sept. 30, 2602/ Schedule "A" Harold R. Reeve & Sons, Inc. At Mattituck, Town of Southold Surveyor's Description - Lot 4 See 044A J -e l M ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying, and being at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Lot 4, as shown on Subdivision Plat, "Harold R. Reeve & Sons, Inc.", more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 48), where said northerly side of Middle Road is intersected by the easterly side of Maiden Lane; RUNNING thence North 48 deg. 57 min. 30 sec. West along the easterly side of Maiden Lane __. 301.6.1 feet to Lot 3, Subdivision, "Harold R..Reeve & Sons, Inc"; RUNNING thence North 41 deg. 02 min. 30 sec. East along Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc" 94.89 feet to the terminus of Creek View Lane; RUNNING thence along the terminus and the southerly, side of Creek View Lane the following four (4) courses and distances: 1. On the are of a curve to the left having a radius of 50.00 feet for a distance of _ 136.13 feet, 2. On the arc of a curve to the right having a radius of 25.00 feet for a distance of 26.64 feet, 3. On the arc of a curve to the right having a radius of 487.50 feet for a distance of 86.00 feet, 4. South 51 deg. 21 min. 06 sec. East 12.50 feet to the northwesterly corner of land now or formerly Leroy J. Heyliger; RUNNING thence along land now or formerly Leroy J. Heyliger, along land now or formerly 1 Karen Ann Clark & Anthony Rutkowski, along land now or formerly Raymond Smilovich, and along land now or formerly Albert Dinizio Trust the following two (2) courses and distances: 1. South 39 deg. 07 min. 20 sec. East 67.52 feet, 2. South 43 deg. 41 min. 20 sec. East 227.79 feet to the northerly side of Middle Road (C.R. 48); RUNNING thence South 43 deg. 12 min. 20 sec. West along;the northerly side of Middle Road (C.R. 48) 265.39 feet to the point or place of Beginning. CONTAINING an area of 81, 595 Sq. Ft. SsQY j-2yav S npscvcp+v0y'. N F SITE aArA inew . e�aN �rres orc zbasa sa Fr s . It SURVEYOR'S cocmIcAnop SURVEY FOR HAROLD R. REEVE l SONS, INC. aL IIeUtvek, roan d SouM Id SNblk LOM[y, Nen York BOUNDARY SURVEY tangy Tm, Nap a.., i0. � r.r Ib w OI u b �e�� R�carA e1 Pevie,u oee. n. fan Scab. la'. SO' SCHEDULE B d See- Ai4Ac e k NAI7 Lci eJ ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate; lying, and being at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Lot 4, as shown on Subdivision Plat, "Harold R. Reeve & Sons, Inc.", more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road,(C.R. 48), where said northerly side of Middle Road is intersected by the easterly side of Maiden Lane; RUNNING thence North 48 deg. 57 min. 30 sec. West along the easterly side of Maiden Lane 301.61 feet to Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc"; RUNNING thence North 41 deg. 02 min. 30 sec. East along Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc" 94.89 feet to the terminus of Creek View Lane; RUNNING thence along the terminus and the southerly side of Creek View Lane the following four (4) c6urses and distances: 1. On the arc of a curve to the left having a radius of 50.00 feet for a distance of 136.13 feet, 2. On the arc of a curve to the right having a radius of 25.00 feet for a distance of 26.64 feet, - 3. On the arc of a curve to the right having a radius of 487.50 feet fora distance of 86.00 feet, 4. South 51 deg. 21 min. 06 sec. East 12.50 feet to the northwesterly corner of land now or formerly Leroy J, Heyliger; ,RUNNING thence along land now or formerly Leroy J. Heyliger, along land now or formerly Karen Ann Clark & Anthony Rutkowski, along land now or formerly Raymond Smilovich, and along land now or formerly Albert Dinizio Trust the following two (2) courses and distances: 1. South 39 deg. 07 min. 20 sec. East 67.52 feet, 2. South 43 deg. 41 -min. 20 sec. East- 227.79 feet to the northerly side of Middle Road (C.R. 48); RUNNING thence South 43 deg. 12 min. 20 sec. West along the northerly side of Middle Road (C.R. 48) 265.39 feet to the point or place of Beginning. CONTAINING an area of 81, 595 Sy. Ft. Zo VA\V EP5 NIENT ut0 • • • i s I 1T1F w r- - g�I�DING 1 I � O � bIE7Al- i 20.36' N —1 9 is ckF S41 m •► ► pfd-1PGENT _ _ — N O scWLIR: A4,4 .o .e to t i t BUIL906 i 5ET 8�%`6EE�IT •O i e tio�� , PPG .e t ►� It''► LINE p,�E� R iii 2E, �E� �L BU�FE w i i Q ie �RP`N5\�\p1a 1 - ie 1 e to ie GK BUIL191 p�>:Rp°CvE o5 i LINE : P PRGEL i s I 1T1F w r- - g�I�DING 1 I � O � bIE7Al- i 20.36' N —1 9 is ckF S41 m •► ► pfd-1PGENT _ _ — N O scWLIR: A4,4 Attn: Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Harold R. Reeve & Sons, Inc. - Change of Zone County Road 48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-01-6 1 Dear Ms. Neville: RECEIVED JAN 2 8 2020 old 'Town Clerk With respect to the Town's approval of the zone change in the above referenced matter, I have enclosed a certified copy of the required Covenants and Restrictions for Lot No. 4 which were recorded on January 2, 2020 in Liber 13042 page 346 in the Suffolk County Clerk's Office. Very truly yours, +Abilickham AAW/dm encl. Re/reeve/1 trt ownbdnevill e2020 cc: Bill Duffy, Town Attorney LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-298-8353 JANET GEASA TELEFAX NO. 631-298-8565 awi ckham@wbgl awyers. com January 24, 2020 Attn: Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Harold R. Reeve & Sons, Inc. - Change of Zone County Road 48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-01-6 1 Dear Ms. Neville: RECEIVED JAN 2 8 2020 old 'Town Clerk With respect to the Town's approval of the zone change in the above referenced matter, I have enclosed a certified copy of the required Covenants and Restrictions for Lot No. 4 which were recorded on January 2, 2020 in Liber 13042 page 346 in the Suffolk County Clerk's Office. Very truly yours, +Abilickham AAW/dm encl. Re/reeve/1 trt ownbdnevill e2020 cc: Bill Duffy, Town Attorney _ a CC #: C20-56 . a. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 01/02/2020 under Liber D00013042 and Page 346 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 01/02/2020 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL JUDITH A. PASCALE County Clerk, Suffolk County SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of`Instrument: DECLARATION Recorded: 01/02/2020 Number of Pages: 8 At,: 11:28:37 AM Receipt Number : 20-0000405 LIBER: D00013042 PAGE: 346 District: Section: Block: Lot: 1000 140.00 01.00 006.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP -584 $0.00 NO Notation $0.00 NO Cert.Copies $10.00 NO RPT $200.00 NO Fees Paid $290.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages F'1=(;i RO-ED 2020 35n � 2 11:28:737 Ai'1 UDI. ('H A. f -'AS ALE This document will be public CLERV OF record. Please remove all , 'UF'FOLK i_.(7l lNT'1 Social Security Numbers L 1,0001304 P :-4n prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES 4 Dist. (000 4011326 1000 14000 0100 006000 0 Real Property P T S PI Tax Service R CWH } IIIIIII��II�IIII�III�IIII�I�II�IIIW Agency 10 -DEC -1 f Verification �� • ' 6 Satisfactions/Discharg R�CORD & RETUNProperty Owners Mailing Address $(essi-w S G'evis l41 P. C. Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title # 8 Suffolk County Recording & Endorsement Page 5 I Community Preservation Fund Consideration Amount P ICPF Tax Due $ Improved Vacant Land TD TD TD Title Company Information p1hot-iY This page forms part of the attached «R Q (u� mAt'iC made by: (SPECIFY TYPE OF INSTRUMENT) IH la (LuLb The premises herein is situated in SUFFOLK COUNTY, NEW YORK. . TO In the TOWN of JUyt' 'J Tuuuv` O Syt . -4AJ In the VILLAGE or HAMLET of A 14iit, LK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over R ®0 Mortgage AML Page /Filing Fee 1. Basic Tax Handling 20. 00 2. Additional Tax Sub Total TP -584 Spec./Assit. Notation r or EA -52 17 (County) n Sub Total �-C' Spec. /Add. TOT. MTG. TAX EA-5217(State) Dual Town Dual County R.P.T.S.A. U� ®tiy�� Held forAppointment Comm. of Ed. 5. 00 y ,; ; Transfer Tax Mansion Tax Affidavit..�,� .� d //�� r� �� The property covered by this mortgage is ,Gert1fied: py !U CLQ or will be improved by a one or two 15. 00 family dwelling only. NYS Surcharge Sub Total YES orNO Other Grand Total Mo, If NO, see appropriate tax clause on page # of this 1nstrum nt.- 4 Dist. (000 4011326 1000 14000 0100 006000 0 Real Property P T S PI Tax Service R CWH } IIIIIII��II�IIII�III�IIII�I�II�IIIW Agency 10 -DEC -1 f Verification �� • ' 6 Satisfactions/Discharg R�CORD & RETUNProperty Owners Mailing Address $(essi-w S G'evis l41 P. C. Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title # 8 Suffolk County Recording & Endorsement Page 5 I Community Preservation Fund Consideration Amount P ICPF Tax Due $ Improved Vacant Land TD TD TD Title Company Information p1hot-iY This page forms part of the attached «R Q (u� mAt'iC made by: (SPECIFY TYPE OF INSTRUMENT) IH la (LuLb The premises herein is situated in SUFFOLK COUNTY, NEW YORK. . TO In the TOWN of JUyt' 'J Tuuuv` O Syt . -4AJ In the VILLAGE or HAMLET of A 14iit, LK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over R DECLAI'.ATION OF COVENANTS AND RESTRICTIONS ' A - DECLARATION, made the / day of May, 2019, by HAROLD R. REEVE & SONS, INC., a New York Corporation with offices at 620 Sunset Avenue, PO Box 1441, Mattituck, NY 11952, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at 5606 Co. Route 48 and 1605 Wickham Avenue, Mattituck, Town of Southold, County of Suffolk and State of New York 11952, SCTM# 1000-140-1-6, more particularly bounded and described as set forth in Schedule "A" annexed hereto (the "Property"), and WHEREAS, the Declarant has applied to the Town Board of the Town of Southold ("Town Board") for approval of a change of zone foi a portion of the Property from `B" General Business and "R -A0" Residential to "LB" Limited Business, affecting the property described as set forth in Schedule "B" annexed hereto (the ReZoned Property"), ano WHEREAS, in consideration of the granting of the change of zone application, and as a condition of granting said approval, the Southold Town Board has required that the Declarant covenant that the allowable uses of the Rezoned Property exclude hotel and restaurant uses as otherwise permitted in an "LB" zone, and that the minimum lot coverage allowed on the Rezoned Property be limited to 15%, and that the within Declaration providing for such restrictions be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW. THEREFORE, THIS DECLARATION WITNESSETH: That the'Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said Rezoned Property described in Schedule `B" annexed hereto shall hereafter be subject to the following covenants and restrictions, to wit: 1. Prohibition of Restaurant and Hotel Use. The provisions of Southold Town Zoning Code Section 280-41A(5), permitting use of LB zoned property for restaurants, and Section 280-4A(7), permitting use of LB zoned property for hotel use, shall not apply to the Rezoned Property, and_ such restaurant and hotel uses shall be prohibited ori the Rezoned Property. 2: Lot Coverage Restriction. The provisions of Southold Town Zoning Code Section 280-42 and Bulk Schedule, providing for maximum lot coverage of 20% of the area of the lot, shall be limited for the Rezoned Property to a maximum lot coverage of 15% of the area of the Rezoned Property. 3. Perpetual covenants. These covenants and restrictions shall tun with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under it, and may not be waived, changed, modified, terminated, revoked or amended by subsequent owners of the Rezoned Property, unless and until approved by a majority plus one vote of the Town Board of the Town of Southold or its successor, following a ,public hearing. 4. Severability. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged by a court of competent jurisdiction to be illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2 r un 5. Enforceability. The aforementioned Covenaiits are' intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant, or its successors and assigns, shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs, and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration'is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. IN WITNESS WHEREOF, the'Declarant above, named has executed the foregoing Declaration the day and year first above written. James F. Reeve. ,c H � C' I d k. I? -e ev,t-, S3 5� �� � � n C. STATE OF NEW YORK, COUNTY OF SUFFOLK: ss,: On the _1_ ` day of May, 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES F. REEVE, personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public re%&rTownZoningReeve ABIGAIL A. WICKHAM Notary Public State of New York No. 52-4642871 Qualified in'Suffolk County Commission Expires Sept. 30,2W/ Schedule "A" Harold R. Reeve & Sons, Inc. At Mattituck, Town of Southold Surveyor's Description - Lot 4 See A44A cVe .& M A PI,5t, f v ?y0 is 0 e Sct t PtCo! ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying, and being at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Lot 4, as shown on Subdivision Plat, "Harold R. Reeve & Sons, Inc.", more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 48), where said northerly side of Middle Road is intersected by the easterly side of Maiden Lane; RUNNING thence North 48 deg. 57 min. 30 sec. West along the easterly side of Maiden Lane 301.61 feet.to Lot 3, Subdivision, "Harold R.Reeve & Sons, Inc"; RUNNING thence North 41 deg. 02 rain. 30 sec. -East along Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc" 94.89 feet to the terminus of Creek View Lane; RUNNING thence along the terminus and the southerly side of Creek View Lane the following four (4) courses and distances: 1.- On the arc of a curve to the left having a radius of 50.00 feet for a distance of 136.13 feet, 2. On the are of a curve to the right having a radius of 25.00 feet for a distance of 26.64 feet, 3. On the arc of a curve to the right having a radius of 487.50 feet for a distance of 86.00 feet, 4. South 51 deg. 21 min. 06 sec. East 12.50 feet to the northwesterly corner of land now or formerly Leroy J. Heyliger; RUNNING thence'along land now or formerly,Leroy J. Heyliger,, along land now or formerly 1 Karen Ann Clark & Anthony Rutkowski, along land now or formerly Raymond Smilovich, and along land now or formerly Albert Dinizio Trust the following two (2) courses and distances: 1. South 39 deg. 07 min. 20 sec. East 67.52 feet, 2. South 43 deg. 41 min. 20 sec. East 227.79 feet to the northerly side of Middle Road (C.R. 48); RUNNING thence South 43 deg. 12 min. 20 sec. West along;the northerly side of Middle Road (C.R. 48) 265.39 feet to the point or place of Beginning. CONTAINING an area of 81, 595 Sq. Ft. ° f ` h- SVYJ2�av S 1JpSCJr�J��v� S iE DATA S WEYOR5 LHQIFlrATWM WWrY FOR HAROLD R REEVE t SONS, ING. of MOLtINck. To.m d ` nid SNfolk Lawty. New York BMW7ARY SURVEY w••�• wwdwrrwme.w M I ar SCHEDULE 1 - See ' Ai4Ack-eA NAt:) Lib ( eJ ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying, and being at Mattituck, Town of Southold, County of Suffolk and State of New York, known and designated as Lot 4, as shown on Subdivision Plat, "Harold R. Reeve & Sons, Inc.", more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road' (C.R. 48y, where said northerly side of Middle Road is intersected by the easterly side of Maiden Lane; RUNNING thence North 48 deg, 67 min. 30 sec. West along the easterly side of Maiden Lane 301.61 feet to Lot 3, Subdivision, "Harold R, Reeve & Sons, Inc"; RUNNING thence North. 41 deg. 02 min. 50 sec. East along Lot 3, Subdivision, "Harold R. Reeve & Sons, Inc"'94.89 feet to the terminus of Creek View Lane; RUNNING thence along the terminus and the southerly side of Creep View Lane.the following four (4) c6urses and distances: 1. On the arc of a curve to the left having a radius of 50.00 feet for a distance of 136.13 feet, 2. On the arc of a curve to the right having a radius of 25.00 feet for a distance of 26.64 feet, 3. On the arc of a curve to the right having a radius of 487.50 feet for a distance of 56.00 feet, 4. South 51 deg. 21 min. 06 sea East 12.50 feet to the northwesterly corner of land now or formerly Leroy J. Heyliger; RUNNING thence along land now or formerly Leroy J. Heyliger, along land now or formerly Karen Ann Clark & Anthony Rutkowski, along land now or formerly Raymond Smilovich, and along land now or formerly Albert Dinizio Trust the following two (2) courses and distances: 1. South 39 deg. 07 min. 20 Sec. East 67.52 feet, 2. South 43 deg. 41 -min. 20 sec. East•227.79 feet to the northerly side of Middle - Road (C.R. 48); RUNNING thence South 43 deg. 12 min. 20 sec. West along the northerly side of Middle Road (C.R. 48) 265.39 feet to the point or place of Beginning, CONTAINING an area of 81, 595 Sy. Ft. l.• � to �. 1 N 1 1 1 1 L 1 � Aj 1 � e! w K 41 1 • elf O A � fTi 1 IZ — .01' it . 1 � 15.]• i �S! �1 n 7�l i � a , 9, 5g5012'2�Y - p, 1' rl Sri �'lt 1"kC 11 ee 114 N ;d kk r SCOTT A. RUSSELL r, wrr JAMES A. RICHTER, R.A. tai• SUPERVISOR � MICHAEL M. COLLINS, F.E. tr TOWN HALL - 53095 MAIN ROAD �' TOWN OF SOUTHOLD. NEW YORK 11971 Tel. (631)-765-1560 ,r;Fax (631)-765-9015 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Donald J. Wilcenski Chairman - Planning Board j Town Hall, 53095 Main Road Southold, New York 11971 Re:, Harold R. Reeve & Sun Subdivision Review SCTM #: 1000 — 140 — 01 - 06 Dear Mr. Wilcenski: July 24, 2019 r, u __ 5.Ly_1L fAC RECEIVED FIJI 24 z9#9 L i Souffiold Town -- Planning Board As per a request from your office, I have reviewed the Subdivision Plat, dated 5/24/19, for a four (4) lot subdivision on a Split Zoned 5.1 acre lot in Mattituck. Plans were prepared by the office of Young & Young, PE, LS. Please consider the following - The proposed cumulative disturbance resulting from proposed construction activities and grading of this site will be greater than one (1) acre in area. Therefore, this project will require coverage from New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must submit their DEC SWPPP and NOI submission directly to the Department of Environmental Conservation for their review and approval A copy of this SWPPP must be submitted to the Town Engineering Department prior to any commencement of construction and/or the beginning of work. 2. The road profile shown on sheet 2 of 2 indicates that a 300' section of the new road will have a downward gradient of seven and one half feet to the low point at the end of the Cul-de-sac. While this pitch is not considered excessive for Vehicular Traffic it may be enough incline to increase the speed of stormwater and potentially erode the dirt road shoulders. This new road should be protected with mountable concrete curbing In addition, directly behind the inlet catch basin located at the end of the Cul -de -Sac, (CB # 2, 1), there should be raised concrete curbing (6") for a distance of 20', (10' each side of Catch Basin). 3. The previous drainage design met the minimum requirements for compliance with Chapter 236 Stormwater Management This data has been removed from the drawing and should be provided. All twelve (12) Leaching Pools located in the Cull -de -Sac should be installed at the same elevation and the first four leaching Pools within the system should be installed with cast iron solid covers to grade. 4. Lot # 4 indicates several existing metal buildings that will essentially be located in a front yard, side yard or within proposed butter areas. Will these buildings be removed or has the ZBA or Planning Board approved of their location? Page 1 of 2 e„ �% Donald J Wilcenski, Chairman - Planning Board July 24, 2019 Re: Harold R. Reeve & Sun Subdivision Review SCTM #: 1000 — 140 — 01 — 06 Page 2 of 2 5. The proposed building envelope shown on lot # 4 extends into the adjacent buffer areas. Will planning require any additional setbacks from this buffer area with regard to actual building construction? This building envelope should be modified accordingly. 6. It appears that a new 6" water main will be run down the center of the road and be extended through the cul-de-sac. WIII this new water main be extended all the way to Maiden Lane within the proposed easement shown? The icon indicated at the end of proposed water main as shown in the Cul -de -Sac has been labeled as a new street light. Is that just a coincidence? Will this water main serve lot # 4 as well as the residential lots? 7. New Street Trees and screen plantings have been shown in a satisfactory manner. 8. Concrete survey monuments have been shown to delineate the Right -of -Way and the intersection of Individual property lines immediately adjacent to the proposed roadway. They have also been shown to delineate the required buffer areas as required by the Planning Board. 9. The proposed buffer areas have existing vegetation. To what extent can any of these areas be cleaned up or modified? Are there any existing trees that need to be protected? If these alternate types of buffers are to be approved as delineated on the plat, the extent of what can and can't be done in these areas should be established in writing by the Planning Board. 10. The private road section shown on page 3 of 4 appears to be a section through the entrance drainage. This cross section detail indicates 25' wide right of ways at this location. This section detail should be located or noted on the map and property lines should be accurately shown in the section. If you have any questions regarding this review, please contact my office, Sincerely, James A. Richter, R.A. cc Vincent Orlando, Highway Superintendent From: Bufkins, Erica Sent: Wednesday, July 24, 2019 10:24 AM To: Palmeri, Allison Subject: FW: Harold Reeve Subdivision Attachments: Harold R. Reeve & Son Subdivision 7-24-19.doc For incoming mail! From: Richter, Jamie Sent: Wednesday, July 24, 2019 10:12 AM To: Terry, Mark; Bufkins, Erica Cc: Lanza, Heather Subject: RE: Harold Reeve Subdivision FYI I 1 WIM -I I UP jwncs A. Richter, R.A. Stornirvatcr Manager Office of the Eng-inecr '110wil of Southold, New York Stormin+ater Management Control Plan Website: http://v,rww.southoldlownii-v.gov/iiidex.aspx?i-iid=195 RECEIVED —Southold Towyn Planning Board CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and or legally prmleged information. It is solely for the use of the intended recipients). Unauthorized interception, review. Use or disclosure is prohibited and may violate applicable laws including the Electronic C.01-I)munications Pr,vacy Act i` you are not the intended recipient, please contact the sender and destroy all copies ol the cornmunsca:ion From: Terry, Mark Sent: Friday, July 19, 2019 9:39 AM To: Richter, Jamie Subject: Harold Reeve Subdivision Jamie, Could you please review the attached plans as soon as possible for the Harold Reeve subdivision. You have issued comments before. Let me know if you need them. Mark Terry, AICP, APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631) 765-1938 Mark.Terrytown.southold.ny.us Neville, Elizabeth From: awickham@wbglawyers.com Sent: Wednesday, June 19, 2019 4:53 PM To: Neville, Elizabeth; Duffy, Bill; Terry, Mark Subject: Harold Reeve Rezoning C&R Betty - per your recent inquiry on the status of the C&Rs, Bill Duffy has approved the draft language. We are waiting for the Planning Board to approve the internal road layout in order to obtain an accurate description of the rezoned parcel, as the northern boundary of the parcel is mostly the road on the proposed subdivision map. Mark is reviewing the map and it will be discussed by the Planning Board on July 2, but the final approval may be some time off, so we will advise as soon as we are able to finalize the description and record the C&Rs. Gail Wickham Wickham, Bressler & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) awickham@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please immediately notify the sender at 631-298-8353. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. �suFvat,�^ RESOLUTION 2019-223 ADOPTED DOC ID: 14957 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-223 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40"; and WHEREAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were, given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold, subject to the Applicant filing with the County Clerk covenants and restrictions on the subiect property approved by the Town Attorney prohibiting hotel and restaurant uses on the LB zoned property and limiting lot coverage to 15%, hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40 " which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town I Resolution 2019-223 Board Meeting of April 9, 2019 of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-140-- 01-6, 1000-140=01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of St Ite as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 01 MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSTAIN: James Dinizio Jr Updated: 4/10/2019 11:21 AM by Lynda Rudder I i Page 2 Neville, Elizabeth From: William Ruland Sent: Friday, April 05, 2019 12:35 PM To: Russell, Scott; Neville, Elizabeth; Duffy, Bill Cc: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William Subject: Re: Emailing: Reeve C Z add ress_20190405112016 I agree with Scott and Bill Duffy William P. Ruland Town of Southold Deputy Supervisor Town Councilman E-mail: rulandfarm@yahoo.com Phone- C. 631-566-4107; H. 631-298-9159 On Friday, April 5, 2019, 1225:55 PM EDT, Duffy, Bill <billd .southoldtownny qov> wrote: I forgot to hit "Reply All" but I already responded that I see no reason to change it. The address matches what the Assessor's have on file, and at the end of the day, it is really the tax parcel number that controls William M. Duffy, Esq. Town Attorney Town of Southold Southold Town Annex 54375 Route 25 (Main Road) P.O. Box 1179 Southold, New York 11971-0959 Office: 631 765-1939 Fax: 631 765.6639 Email: billd(),southoldtownny.gov ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT, INTER/INTRA AGENCY COMMUNICATION, NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION Note Service of legal documents is not permitted via electronic mail or fax. The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unintended transmission shall not constitute a waiver of the attorney/client privilege or any other privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, reproduction, circulation, publication, dissemination or other use of, or taking of any action, or omission to take action, in reliance upon this communication by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please (i) notify us immediately by telephone at 631.765 1939, (ii) return the original message and all copies to us at the address above via the U.S. Postal Service, and (iii) delete the message and any material attached thereto from any computer, disk drive, diskette, or other storage device or media. -----Original Message ----- From: Russell, Scott Sent: Friday, April 05, 2019 12:23 PM To. Neville, Elizabeth; Duffy, Bill Cc: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob, Ruland, William Subject: RE: Emailing: Reeve C Z add ress_20190405112016 The address, as listed, is one of a few legitimate addresses not unlike other properties in Southold Town which are bound by 3 streets. I see no reason to change it to accommodate Leroy who's only goal is to have the town refuse to acknowledge the unimproved road that has existed for years. don't know how anybody else feels but the applicant has the right to choose any of the legitimate addresses he has. -----Original Message ----- From. Neville, Elizabeth Sent: Friday, April 05, 2019 11:38 AM To: Duffy, Bill Cc: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William, Russell, Scott Subject: Emailing: Reeve C Z add ress_20190405112016 Bill, Attached is the Property Record Card from the Assessor's Office on SCTM#1000-140-1-6 H.R. Reeve & Sons. Please note the street address is listed as 1605 Wickham Avenue, Mattituck which is also the address listed on the Change of Zone application. Claire Glew in the Assessor's Office said there are also numbers for the other streets as follows: 5365 County Road 48; 30 Maiden Lane. As you recall Leroy Heyliger of Mattituck addressed the Town Board at the meeting and said the address of the property is incorrect. Do you want me to change the resolution in any way? Please advise. Betty 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 Your message is ready to be sent with the following file or link attachments: Reeve C Z address_20190405112016 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. Neville, Elizabeth From: Russell, Scott Sent: Friday, April 05, 2019 12:23 PM To: Neville, Elizabeth; Duffy, Bill Cc: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William Subject: RE: Emailing: Reeve C Z add ress_20190405112016 The address, as listed, is one of a few legitimate addresses not unlike other properties in Southold Town which are bound by 3 streets. I see no reason to change it to accommodate Leroy who's only goal is to have the town refuse to acknowledge the unimproved road that has existed for years. I don't know how anybody else feels but the applicant has the right to choose any of the legitimate addresses he has. -----Original Message ----- From: Neville, Elizabeth Sent: Friday, April 05, 201911:38 AM To: Duffy, Bill Cc: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott Subject: Emailing: Reeve C Z add ress_20190405112016 Bill, Attached is the Property Record Card from the Assessor's Office on SCTM#1000-140-1-6 H.R. Reeve & Sons. Please note the street address is listed as 1605 Wickham Avenue, Mattituck which is also the address listed on the Change of Zone application. Claire Glew in the Assessor's Office said there are also numbers for the other streets as follows: 5365 County Road 48; 30 Maiden Lane. As you recall Leroy Heyliger of Mattituck addressed the Town Board at the meeting and said the address of the property is incorrect. Do you want me to change the resolution in any way? Please advise. Betty 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: Reeve C Z add ress_20190405112016 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. Neville, Elizabeth From: Duffy, Bill Sent: Friday, April 05, 2019 11:41 AM To: Neville, Elizabeth Subject: RE: Emailing: Reeve C Z add ress_20190405112016 Thanks looking into that Betty. I do not want to change it. If that is what the Assessor's has it is good enough for me. The Tax map # is what really counts. William M. Duffy, Esq. Town Attorney Town of Southold Southold Town Annex 54375 Route 25 (Main Road) P.O. Box 1179 Southold, New York 11971-0959 Office: 631.765-1939 Fax: 631.765.6639 Email: billd@southoldtownny.eov ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT; INTER/INTRA AGENCY COMMUNICATION; NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION Note: Service of legal documents is not permitted via electronic mail or fax. The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unintended transmission shall not constitute a waiver of the attorney/client privilege or any other privilege. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, reproduction, circulation, publication, dissemination or other use of, or taking of any action, or omission to take action, in reliance upon this communication by persons or entities other`than the intended recipient is strictly prohibited. If you have received this communication in error, please (i) notify us immediately by telephone at 631.765.1939, (ii) return the original message and all copies to us at the address above via the U.S. Postal Service, and (iii) delete the message and any material attached thereto from any computer, disk drive, diskette, or other storage device or media. -----Original Message ----- From: Neville, Elizabeth Sent: Friday, April 05, 2019 11:38 AM To: Duffy, Bill Cc: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott Subject: Emailing: Reeve C Z add ress_20190405112016 Bill, Attached is the Property Record Card from the Assessor's Office on SCTM#1000-140-1-6 H.R. Reeve & Sons. Please note the street address is listed as 1605 Wickham Avenue, Mattituck which is also the address listed on the Change of Zone application. Claire Glew in the Assessor's Office said there are also numbers for the other streets as follows: 5365 County Road 48; 30 Maiden Lane. As you recall Leroy Heyliger of Mattituck addressed the Town Board at the meeting and said the address of the property is incorrect. Do you want me to change the resolution in any way? Please advise. Betty 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: Reeve C Zadd ress_20190405112016 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. 0 r a Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, April 05, 2019 11:38 AM To: Duffy, Bill Cc: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott Subject: Emailing: Reeve C Z address 20190405112016 Attachments: Reeve C Z add ress_20190405112016.pdf Bill, Attached is the Property Record Card from the Assessor's Office on SCTM#1000-140-1-6 H.R. Reeve & Sons. Please note the street address is listed as 1605 Wickham Avenue, Mattituck which is also the address listed on the Change of Zone application. Claire Glew in the Assessor's Office said there are also numbers for the other streets as follows: 5365 County Road 48: 30 Maiden Lane.,,As you recall Leroy Heyliger of Mattituck addressed the Town Board art -he meeting and said the address of the property is incorrect. Do you want me to change the resolution in any way? Please advise. Betty 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: Reeve C Z add ress_20190405112016 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. 1 N�N ` ,~,___ __ __ __ _ _ _ __~�-- - ---- - -----. .-� ,rs=�!r�r~'---r � --- ----- ` _ NER STREET VILLAGE DIST. SUB. LOT, FARM , /-erc�odm- LAND IMP. TOTAL DATE'( REMARKS NEW NORMAL BELOW ABOVE FARM Acre Value Per Vofue Acre TOWN Fillable I OF SOU UHOLD Fillable 2 --5 2019 ;wompl-and FRONTAGE ON WATER ;rushland FRONTAGE ON ROAD -louse Plot DE -PTH BULKHEAD -otal DOCK J�� i fFx �j .Y ��'. � ?. S � SS. � J � L w:t�*s ^-ice • , .y41.w `� g„��• F ... :fit - :i �.+'J g{ `� aP'd 'w ; �� �t � • r ij R'� .t, R• `•�. •��- •ICY �t ^:I ft____.. -y 1 ,, Southold Town Board - Letter Board Meeting of March 26, 2019 Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-140- 01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck, New York. . Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 4/9/2019 7:00 PM MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell ClaICG ge-&) S4)c( -441 t C l All — he slrce1'5: 'r Kc l4 d t &,I Generated March 27, 2019 Page 16 d e i1/ 4o��UFfO(�C f Southold Town Board - Letter Board Meeting of March 26, 2619 RESOLUTION 2019-223 TABLET) Item # 5.3 DOC ID: 14957 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-223 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26,2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18t' day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known a SCTM #1000-140-01-6; rom B (General Business) & R-40 to LB (Limited Business) & -40"; and WHEREAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact' Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40 and be it further " which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM 41000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Generated March 27, 2019 Page 15 TOWN OF SOUTHOLD PROPERTY RECORD. CARD OWNER STREET VILLAGE DIST. SUB. LOT W/ A _5 FORMER OWNER N cyeek W, N E ACR. - lows --af.� S W TYPE OF BUILDING Mtdcf(c ad -6"e, SEAS V FARM CB. misc. Mkt. Value ?o let LAND IMP. TOTAL DATE( REMARKS 4 v -15 p e5 0,-,9 C II T14P V �:Xzl I -ze hbje4 R—Ze1:2- V\t e_r_ Y� MV) L�7 0 0 REV 10 13500 4� '4tGE- 04 NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre TOW UTHOLD Tillable I Tillable 2 APR o_5 2019 rillabie 3 Yoodland 3wompland FRONTAGE ON WATER 3rushland FRONTAGE ON ROAD 7 Aouse.Plot DEPTH BULKHEAD total DOCK I HAROLD R REEVE a SONS ICE M 5 Both Ili Dinette Floors K. * 4X$. ,)nterior Finish LR. Heat DR. . . . . . . . . . . . Rooms 1st Floor BR. L Rooms 2nd Floor FIN. B. 140.4-6 1/2016 600 =Bldg. 6 /,Fqandation rip ktension /137ment , Ext on O,An� X Yz) 4- T� Ext�a I Is Extension Fire Place I_qg?41 Type Roof Porch2- 4 Recreation i, Yorch Dormer Breezeway Driveway Garage -Datio '0. B. 4. 1 Tota I,, ICE M 5 Both Ili Dinette Floors K. * 4X$. ,)nterior Finish LR. Heat DR. Lo Rooms 1st Floor BR. L Rooms 2nd Floor FIN. B. 600 Southold Town Board - Letter �gUFFOLt� 4 syof � yaa Board Meeting of March 12, 2019 RESOLUTION 2019-223 TABLED Item # 5.7 DOC ID: 14957 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-223 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 12,2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40"; and WHEREAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40 and be it further " which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Generated March 13, 2019 Page 16 Southold Town Board - Letter Board Meeting of March 12, 2019 Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-140- 01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 3/26/2019 4:30 PM MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated March 13, 2019 Page 17 Southold Town Board - Letter Board Meeting of February 26, 2019 RESOLUTION 2019-175 TABLED Item # 5.3 DOC ID: 14957 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-175 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40"; and WHEREAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40 and be it further " which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Generated March 4, 2019 Page 15 Southold Town Board - Letter Board Meeting of February 26, 2019 Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-140- 01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. "6? 24� Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 3/12/2019 7:00 PM MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Generated March 4, 2019 Page 16 E MATTITUCK GREEK TIE IN (D501 -17-00"A 44.54- @ 545°1220"W IgO.42' LOCATION MAP oun". 4 n 1 L 1ST OF OWNERS Q1 114.-2-1.2 13g -3-44 140.-1-13 140.-2-18 Town of Southold Rhodes Ruth Revocable Gorman Love Lane Mary Ann Price Main Road Trust Inc 42 5 Forest .Ave Southold, NY 114171 106 Mossachusets Rd 25255 Route 25 Rockville Centre, NY New Bern, NO 28562 PO Box 0186 11570 114.-5-1 Gutchogue, NY IIg35 Monlca 4 Mike 15q.-3-45 140.-2-22 Limited Company Ruth M Myers 140.-1-15.2 Paullne 611der•sleeve PO Box 1287 1500 Wlckhom Ave Peter E Orlowski PO Box 514 Gutchogue, NY 111155 Mattltuck, NY 11-152-1612 Deborah L Orlowski Mattituck, NY IIg52 1541 -5-q 150r. -B-4& Love Ln 140.-2-23 Richard B Tandy Ruth M Myers PO Box 885 Michael Z Herbert PO Box 788 1500 Wlckhom Ave Mattituck, NY IIg52 7415 Pike St Mattituck, NY 11-152 Mattituck, NY 110152-1612 Mattltuck, NY IM52 140.-I-Ig.l 1301.-3-24 I5q.-3-47 Mattituck Park 140.-2-24 Estelle O'Connell Valerie A DoFlo District Frances Margaret 200 Bayer Rd Bruce W DeFlo Keogh Mattituck, NY IIg52 1450 Wickham Ave 140.-1-20 875 Pike 5t Mattltuck, NY IIg52 Michael Perivoloris PO Box 646 1341.-3-25 Kathy Perlvoloris Mattituck N-1- YCarroll CarrollJ Harvey I5q.-3-48 PO Box 800 PO Box 351 Fannie Blelewlcz Mattituck, NY W152 140.-2-241.1 Mattituck, NY IIg52 Attn. Edward Thompson Michael M Milner 450 Theresa Or 140.-1-21 Tese-Mllner ,,ogelo 151q -5-2q Mattituck, NY 110152 Thomas R Mercler I Mlnetto Ln Candice Vodalo Barbara Mercier New York, NY' 10012 60 E 8th 5t 1301.-5-441 PO Box 1423 New York, NY 10003 Riffat Minhas Mattituck, NY IIg52 140.-2-50 Absar AMinhas John Divello 54150 New Suffolk Ave 140.-1-25.1 Frances Divello 15CL-5-31.1 PO Box 2417 LI Sound Oyster LLC Westpholla Rd Regina A Orlowski Mattituck, NY 110152 7 81 MITI Rd PO Box 140 2: 375 Formars Rd Riverhead, NY 116101 Mattituck, NY IIg52 PO Box 472 1301-5-50 Mattituck, NY 11g52 Peter 6ourildes 140.-2-6 140-2-31.1 Andrea Gourlldes Jefferr'yy Strong MTA LIRR 1541.-3-32.1 5 Elderwood Ln 11 %9tvlow Or John J Lenahan Melville, NY 11747 Mattituck, NY 11GI52 140.-2-51.2 Diane R Fabb MTA LIRR 62873 Windrlft Rd 140.-1-1 140.2-7 Joseph, OR g7846 Stephonle Waggoner Thomas Mllaska 141.-B-26 Anthony Waggoner Wlckhom Ave Joseph D Dcmanskl 15-1.-5-55.1 16-15 Wickham Ave PO Box 205 Janet L Domanski Jenny T 5klrel Mattituck, NY 116152 Mattltuck, NY IIg52 865 Love Ln PO Box 55q PO Box 1654 Mattltuck, NY 110152 140,-1-2 140.-2-8 Mattltuck, NY IIg52 Leroy J Heyliger Thomas J McCarthy I541-5-54 Lovlsa Hoyliger Susan M McCarthy 141.-5-2-1 County of Suffolk Wickham Ave PO Box 1266 Margaret A ,Nshton Mattituck, NY IIg52 Southold, NY IIg71 745 Love Ln PO Box 457 140.-1-3 140.-2-q Mattitvck, NY IIg52 1341.-5-35 WIIIIamStars Thomas J McCarthy Richard E Drake Karen A Clark Susan M McCarthy 141.-3-28.1 Marle A Drake PO Box 1142 PO Box 1266 Andrew T Fo:irkolb PO Box 525 Mattituck, NY IIg52 Southold, NY IIg71 Sharon Tuthlil Mattituck, NY II -152 PO Box 645 140-1-4 140.-2-10 Mattltuck, NY II -152 1301.-3-36 Raymond 5mllovlch Steven Roccnalll Ronald A Shapiro IOg5 Wickham Ave 175 Oxford Blvd Cornelia M Shapiro Mattituck, NY II4152 Garden City, NY 11530 PO Box 1576 Mattltuck, NY 11g52 140.-1-5 140.-2-11 Albert Dinlzlo Trust Philip J Centonze 15q. -5-5,T 44 Sunset Ln Marilyn Centonze Karen M Becker Greenport, NY 114144 PO Box 46 265 Freeman Rd Mattituck, NY 110152 Mattituck, NY 114152 140.-1-6 Harold R Reeve 4 Sons Inc 140.-2-12 I5q.-5-38 GR 48 Joan M Romanowski Thomas E Fox PO Box 1441 Richard 5tattler Helen K Fox Mattituck, NY IIg52 5600 GR 48 Freeman Rd Mattituck, NY IIg52 PO Box 1043 140: 1-7 Mattituck, NY 114152 Pennla Kord 140-2-15 PO Box 1657 Scott Badeer I5q.-5-541 Mattituck, NY II952 Nancy H Badeer James G McMahon 20 Redwood Or Audrey J McMahon 140.-1-8 Plainview, NY 11803 PO Box 340 Joyomaho Family Limited Mattituck, NY 11-152 Partnership 140-2-14 245 Malden Ln Carolyn Senators 1311.-3-40 Mattituck, NY 114152 7514 4th Ave W Jerome E Zuhoskl Bradenton, FL 542041 Deborah Zuhoskl 140-1-11 440 Freeman Rd Gary W Swanson 140.-2-15 Mattltvck, NY IIg52 Linda H Swanson Gary Doroskl 20512 Pointe Regatta Or 425 Monsell Ln I5q.-5-41 Cornollus, NC 28031 PO Box 781 Zozeski Living Trust Gutchogue, NY 110135 145 Conklin Rd 140.-1-10 PO Box 25q Mark McDonald 140-2-16 Mattituck, NY 116152 PO Box 1258 JKK Enterprises LLC Southold, NY 110171 130.-3-42 640 Love Ln Tlmothy L Nawalls 140. -1 -II PO Box 1620 Mary Anne Newalls Rita Martin Mattituck, NY IIg52 320 Freeman Ave 3406 5E Glocler Ter PO Box 11501 Hobe Sound, FL 55455 140-2-17 Mattitvck, NY 114152 Christopher Young 140.-1-12 42 Cherry 5t I5q.-5-43 5175 County Road LLC Colverton, NY 110133 Karen G McShane PO Box 645 240 Freeman Ave Mattituck, NY 111152 Mattituck, NY 110152 O = MONUMENT 5ET 0 = MONUMENT FOUND A = STAKE 3ET e = STAKE FOUND (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES. (3) COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. (4) CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TIRE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5) THE LOCATON OF WELLS (W), SEPTIC TANKS (ST) & CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. S 40, 15� 1000 139 3 2\ / 110. 0 -10 00 O° Nj0 X \ \ X19 1 / \ / --0 \ 00 000 u' 000, O \ l/ "b \ Y� N° X \ 0C?. O� 00 NO QP 0 1000 114 2 1.2 I �1 1000 114 2 1.2 \ I ,000 \ 75r0 pco \ 'OLQ NIP J � \ 00 \ ' \ 0 \ 1°00 9 � O /00 DAN j\ �� \ ' 5 O 'PIP 1-50 iQ }z0 X000 �5 \ \ �S3 4� 5z9p� ..__ 5 / �' � I� p6/ �' � 1000 139 3 49 I tk9c) 1° I 0;.X OQ° O 6?Sa O �O NPQiOQ >71 NEI&, O�c' N4 \O / /O `� Q oo � / nAilb� .'. xO 7) O° Op / / i S 00 \ �� PROPOSED L I MI TED BU51 NE55 O �R (LB) ZONING USE DISTRICT � o 00 Ostrander Avenue, Riverhead, New York 114101 tel. 631.727.2503 fax. 651.127.0144 admin®youngengineering.com olm pwt� Howard A. Young, Land Surveyor Thomas G. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert G. Tost, Architect 51 TE DATA > A<RFA = 5.1443 A(ORES OR 224,086 SF EXISTING ZONING = RESIDENTIAL LOW DEN51TY (I ACRE) (R-40) GENERAL BUSINESS (B) PROPOSED ZONING = LIMITED BUSINESS (LB) AREA OF PROPOSED (LB) ZONE = 60,400 5F NOTES I. ZONING BOUNDARY LINES SHOWN HEREON TAKEN FROM TOWN OF SOUTHOLD NEW ZONING MAP, SECTION I OF 4, ADOPTED BY THE SOUTHOLD TOWN BOARD ON NOV. 30, 2004. ZONING DISTRICTS B = GENERAL BU51NE55 HE, = HAMLET BU51NF-55 LB = LIMITED BU51NE55 LI = LIGHT INDUSTRIAL Mil = MARINE II RO = RESIDENTIAL OFFICE R-40 = RESIDENTIAL LOW DENSITY (I ACRE) OWNER HAROLD R. REEVE AND SONS INC. PO BOX 1441 MATTITUCK, NEW YORK 114152 5URVEYOR'5 CERTIFICATION « I HEREBY CERTIFY THAT THI5 MAP WAS PREPARED UTILIZING BOUNDARY AND TOPOGRAPHICAL SURVEYS MADE BY US AND/OR IJN0FR nIJR T7IRFGTInN HOWARD W. YOUNG, N.Y.5. L.5. NO. 458415 MAP FOR HAROLD R. RT=-rz\/F- 4 5ON51 INC. at Mattituck, Town of Southold Suffolk County, New York MAP TO ACCOMPANY GRANGE OF ZONE APPLICATION County Tax Map District 1000 Section 140 Block OI Lot 6 MAP PREPARED OGT. 25, 2013 Record of Revisions RECORD OF REV1510N5 DATE ADD USES WITHIN 200' RECEIVED NOV. 13, 2015 G.R. 46 DEG. 1 S, 2015 Southold Town Clerk 100 O 50 100 200 500 Scale: I" = 100' JOB NO. 2012-0263 DWG. 2012_0265_zone change I OF I MATTITUCK CREEK TIE IN 1Q 501 ° 17'00 "W 44.34' 0 545°12'20"W IgO.42' Z` 0 �p2 1-01fp / //X LOCATION MAP :5ou>I4j-tq- 5ca1e: I" = 600' L 15T OF OWNERS 114.-2-1.2 1301 -3-44 140.-1-13 140.-2-18 Town of Southold Rhodes Ruth Revocable Gorman Love Lane Mary Ann Price Main Road Trust Inc 42 5 Forest Ave Southold, NY 110171 106 Massachusets Rd 25235 Route 25 Rockville Centre, NY New Bern, NG 28562 PO Box 988 11570 114.-3-1 Gutchogue, NY 116155 Monlca 4 Mike 1361.-3-45 140-2-22 Limited Company Ruth M Myers 140.-1-15.2 Pauline Gildersleeve PO Box 128? 1500 Wickham Ave Peter E Orlowski PO Box 514 Gutchogue, NY 110135 Mattltuck, NY 110152-1612 Deborah L Orlowski Mattituck, NY 110152 1561-5--1 13q.-3-46 Love Ln 140.-2-23 Richard B Tandy Ruth M Myers PO Box 885 Michael Z Herbert PO Box 788 1500 Wickham Ave Mattituck, NY 110152 7615 Pike St Mattituck, NY 110152 Mattituck, NY 110152-1612 Mattltuck, NY I IG 52 140.-I-Iq.1 13q.-3-24 1361-3-47 Mattituck Park 140.-2-24 Estelle O'Connell Valerie A DaFlo District Frances Margaret 200 Bayer Rd Bruce W DeFlo Keogh Mattituck, NY IM52 1450 Wickham Ave 140.-I-20 875 Plka St Mattltuck, NY 116152 Michael Perlvolarls PO Box 646 1361-3-25 Kathy Perivolaris Mattituck, NY 11.415 Carroll J Harvey 1361.-3-48 PO Box 800 PO Box 551 Fannie Blelewicz Mattltuck, NY IIg52 140. 2-2q.i Mattituck, NY IIg52 Attn, Edward Thompson Michael M Milner 450 Theresa Dr 140.-1-21 Tese-Milner Ange 13q.-3-261 Mattltuck, NY 11,152 Thomas R Mercier I Mlnatta Ln Candice Vadala Barbara Mercier New York, NY 1001 60 E 8th 51; 1501-3-461 PO Box 1423 New York, NY 10003 Riffat Minhas Mattituck, NY 11g52 140.-2-50 Absor AMlnhos John Divello Sg50 New Suffolk Ave 140.-1-25.1 Frances Divello 1361.-3-51.1 PO Box 297 LI Sound Oyster LLC Westphalla Rd Regina A Orlowski Mattituck, NY IIg52 781 MITI Rd PO Box 1402 575 Farmers Rd Riverhead, NY 11901 Mattituck, NY Iig52 PO Box 472 139-5-50 Mattituck, NY IIg52 Peter Gourlldes 140.-2-6 140.-2-51.1 Andrea 6ourlldes Jefferyy Strong MTA LIRR 13q. 3-32.1 5 Elder cod Ln IL Wnstviaw Dr John J Lanahan Melville, NY 11747 Mattituck, NY 116152 140-2-31.2 Diane R Fabb MTA LIRR 62875 Windrlft Rd 140. -I -I 140-2-7 Joseph, OR 017846 Stephanie Waggoner Thomas Mileska 141.-B-26 Anthony Waggoner Wickham Ave Joseph D Domanski 15q.-5-55.1 16015 Wickham Ave PO Box 205 Janat L Domonskl Jenny T 5kiral Mattituck, NY IIg52 Mattltuck, NY 110152 865 Love Ln PO Box 3961 PO Box 1654 Mattltuck, NY 114152 140.-1-2 140. 2-8 Mattltuck, NY 11.952 Leroy J Heyllger Thomas J McCarthy 1561 -3-54 Louise Heyllger Susan M McCarthy 141.-3-27 county of Suffolk Wickham Ave PO Box 1266 Margaret A Ashton Mattituck, NY 110152 Southold, NY II -171 7q5 Love Ln PO Box 457 140 -I-3 140.-2-q Mattituck, NY 11952 1541.-5-55 WIIIIamStars Thomas J McCarthy Richard E Drake Karen A Clark Susan M McCarthy 141.-3-28.1 Marie A Drake PO Box 0142 PO Box 1266 Andrew T Fohrkolb PO Box 525 Mattituck, NY 110152 Southold, NY 110171 Sharon Tuthill Mattltuck, NY 11-152 PO Box 645 140-1-4 140.-2-10 Mattltuck, NY 11-152 13q.-3-56 Raymond 5milovich Steven Rar-onelli Ronald A Shapiro 10-18 Wickham Ave 175 Oxford Blvd Cornelia M Shapiro Mattituck, NY IIg52 Garden Glty, NY 11530 Po Box 1576 Mattituck, NY IIg52 140.-1-5 140. -2 -II Albert Dlnlzlo Trust Philip J Centonze 139.-3-37 44 Sunset Ln Marilyn Centonze Karen M Becker Greenport, NY IIg44 PO Box 46 265 Freeman Rd Mattituck, NY IIg52 Mattltuck, NY 116152 140.-1-b Harold R Reeve 4 Song, Inc 140.-2-12 13q.-5-58 GR 48 Joan M Romonowskl ThomasE Fox PO Box 1441 Richard 5tattler Helen K Fox Mattltuck, NY 110152 5600 GR 48 Freeman Rd Mattltuck, NY II152 PO Box 1045 140.-1-7 Mattltuck, NY 110152 Dennis Kord 140-2-15 PO Box 1657 Scott Bodear 15q. -3-3R Mattltuck, NY 11g52 Nancy H Bodeor James G McMahon 20 Redwood Dr Audrey J McMahon 140.-1-8 Plainvlew, NY 11803 PO Box 540 Joyomaha Family Limited Mattituck, NY IIg52 Partnership 140.-2-14 243 Maiden Ln Carolyn 5onotore 15q.-5-40 Mattituck, NY IIg52 7514 4th Ave W Jerome E Zuhoski Bradenton, FL 5420q Deborah Zuhoski 140.-1-01 440 Freeman Rd Gary W 5wonson 140.-2-I5 Mattltuck, NY IIg52 Linda H Swanson Gary Doroski 20512 Pointe Regatta Dr 425 Monsell Ln 13q.-5-41 Gornollus, NG 28031 PO Box 781 Zazeskl Living Trust Gutchogue, NY 114135 145 Conklin Rd 140.-1-10 PO Box 2561 Mark McDonald 140-2-I6 Mattltuck, NY 114152 PO Box 1258 JKK Enterprises LL(:, Southold, NY IIGI7l 159.-5-42 640 Love Ln Timothy L Newalls 140.-1-11 PO Box 1620 Mary Anne Newalis Rita Martin Mattituck, NY 114152 320 Freeman Ave 3406 SE Glacier Ter PO Box 11501 Hobe Sound, FL 33455 140-2-17 Mattituck, NY 110152 Christopher Young 140-1-12 42 Cherry 5t 15q.-5-45 5175 County Road LLG Galverton, NY 116133 Karen c McShane PO Box 645 240 Freeman Ave Mattituck, NY 114152 Mattituck, NY 11952 O = MONUMENT SET ■ = MONUMENT FOUND 0 = STAKE SET 0 = STAKE FOUND (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY ONES OR FOR ERECTION OF FENCES. (3) COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. (4) CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO PIE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSQUENT OWNERS. (5) THE LOCATION OF WELLS (W), SEPTIC TANKS (ST) & CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. C L) / / '5') 2� 1000 730 \ i \ /O 00 77 \ , 1000 114 2 1.2 \ I 7 \ N �O N No 000 / N �0 'o '60 3 ?4 00 9 'h ' i \ ,000 c10 00 \ L Q X00O 'o \ �j / 00 !OO �� / \ 0 L4 cT` \c�0 00 \ Lp \\ 0 \ / ]�\ '\ 0 O \ ,00 \ 0 \ \OO X \ o � O = PROPOSED LIMITED BUSINESS (LB) ZONING U5E 171157RIC7 00 Ostrander Avenue, Riverhead, New York II0`01 tel. 631.727.2303 fax. 631.727.0144 admin@youngengineerfng.com Howard W. Young, Land Surveyor Thomas G. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert G. Test, Architect 51 TE DATA AREA = 5.1443 ACRES OR 224,086 SF EXI5TING ZONING = RE51PENTIAL LOW DEN5ITY (I ACRE) (R-40) GENERAL BU51NE55 (B) PROP05ED ZONING = LIMITED BU51NE55 (LB) AREA OF PROP05ED (LB) ZONE = 60,400 SF NOTES I. ZONING BOUNDARY LINES SHOWN HEREON TAKEN FROM TOWN OF SOUTHOLD NEW ZONING MAP, 5ECTION I OF 4, ADOPTED BY THE 5OUTHOL 2 TOWN BOARD ON NOV. 30, 2004. ZONING DISTRICTS B = GENERAL BU51NE55 HB = HAMLET BUSINE55 LB = LIMITED BU51NE55 LI = LIGHT INDU5TRIAL Mil = MARINE 11 RO = RE51DENTIAL OFFICE R-40 = RE51DENTIAL LOW DEN5ITY (I ACRE) Ol^INER HAROLD R. REEVE AND SONS INC. PO BOX 1441 MATTITUGK, NEW YORK IIg52 SURVEYOR'S GERTI F I CATION * I HEREBY CERTIFY THAT THI5 MAP WA5 PREPARED UTILIZING BOUNDARY AND TOPOGRAPHICAL 5URVEY5 MADE BY U5 AND/OR UNDER OUR DIREGiIION. HOWARD W. YOUNG, N.Y.5. L.5. NO. 45883 MAP FOR HAROLD R. REE-'V/r1_-T 4 50N51 INC. at Mattituck, Town of Southold Suffolk County, New York MAP TO ACCOMPANY GRANGE OF ZONE APPLICATION County Tax Map District 1000 Section 140 Block OI Lot 6 MAP PREPARED OCT. 25, 2013 Record of Revisions RECORD OF REV1510N5 DATE ADD USS 200' NOV. 13, 2013 C.R. 48 DEC- I8, 2015 Cnenahnlrl Thwin Clark 100 0 50 Ica 200 300 JOB NO. 2012-0263 DWG. 2012_0263_zone change I OF I ~Southold Town Board -Letter Board Meeting of February 12, 2019 Su RESOLUTION 2019-173 Item # 5.31 TABLED DOC ID: 14957 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-173 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 12,2019: WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18"' day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40"; and WHEREAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM 41000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40 and be it further " which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Generated February 13, 2019 Page 47 r Southold Town Board - Letter Board Meeting of February 12, 2019 Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM #1000-140- 01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck, New York. Section 3. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. -0� Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 2/26/2019 4:30 PM MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Generated February 13, 2019 Page 48 / 6's�sLUICKWO FEB 2 6 2019 Petition To Southold Town Board I!wn! al� C1erk This Petition is a written protest of the pending request for the Town ~2 acres in Mattituck (part of SCTM#: i000-i4o-i-6), from Business and R-40 zones to a Limited Business zone. We the undersigned, hereby ask the Town Board to vote no on the current proposal. We the undersigned, also hereby ask the Town Board to commence formal proceedings to consider a change of zone from Business and R-40 zones to Residential Office zone. Pursuant to NYS Town Law §265 if this Petition is 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" ... "any such amendment shall require the approval of at least three-fourths of the members of the town board" Date Print Name Signature 9 I Ja►� M ��( r,-��- 2k � C_«V d';P 3/ Petition To Southold Town Board RECEIVED FEB 2 6 2019 This Petition is a written protest of the pending request for the To tsb at clerk —2 acres in Mattituck (part of SCTM#:1000-140-1-6), from Busine a Limited Business zone. We the undersigned, hereby ask the Town Board to vote no on the current proposal f We the undersigned, also hereby ask the Town Board to commence formal proceedings to consider a change of zone from Business and R-40 zones to Residential Office zone. Pursuant to NYS Town Law §265 if this Petition is 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" ... "any such amendment shall require the approval of at least three-fourths of the members of the town board" Date Print Name Signature Z 3 f l t4e Petition To Southold Town Board g i' a t i,. FEB 2 6 2019 Southold Town Clerk This Petition is a written protest of the pending request for the Town Board to change —2 acres in Mattituck (pant of SCTM#:1000-140-1-6), from Business and R-40 zones to a Limited Business zone. We the undersigned, hereby ask the Town Board to vote no on the current proposal. We the undersigned, also hereby ask the Town Board to commence formal proceedings to consider a_ change of zone from Business and R-40 zones to Residential Office zone. Pursuant to NYS Town Law §265 if this Petition is 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" ... "any such amendment shall require the approval of at least three-fourths of the members of the town board" Date Print Name Signature 21,z O y12-7`l�� L�Jj2e-vv Petition To Southold Town Board FEB 2 6 2019 Southold Town Clergy This Petition is a written protest of the pending request for the Town Board to change —2 acres in Mattituck (part of SCTM#:1000-140-1-6), from Business and R-40 zones to a Limited Business zone. We the undersigned, hereby ask the Town Board to vote no on the current proposal. We the undersigned, also hereby ask the Town Board to commence formal proceedings to consider a change of zone from Business and R-40 zones to Residential_ Office zone. Pursuant to NYS Town Law §265 if this Petition is 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"... "any such amendment shall require the approval of at least three-fourths of the members of the town board" Date Print Name Signature 2 12 r 1 1 � n AO ? e -AJ r-' C) /g/ 2- /1G�Dy�"� Me -4P Svc! c4 kovm F E B 2 6 2019 Southold ;a i; Petition To Southold Town Board This Petition is a written protest of the pending request for the Town Board to change -2 acres in Mattituck (part of SCTM#:1000-140-1-6), from Business and R-40 zones to a Limited Business zone. We the undersigned, hereby ask the Town Board to vote no on the current proposal. We the undersigned, also hereby ask the Town Board to commence formal proceedings to consider a change of zone from Business and R-40 zones to Residential Office zone. Pursuant to NYS Town Law §z65 if this Petition is 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" ..."any such amendment shall require the approval of at least three-fourths of the members of the town board" I Pdnt Name Signature r / I EM t I Petition To Southold Town Board rtk;u FEB 2 6 2019 Southold 'down Clerk This Petition is a written protest of the pending request for the Town Board to change -2 acres in Mattituck (part of SCTM#:1000-140-1-6), from Business Tf1-d-B.=To-z-on &+e-- a Limited Business zone. We the undersigned, hereby ask the Town Board to vote no on the current proposal. We the undersigned, also hereby ask the Town Board to commence formal proceedings to consider a change of zone from Business and R-40 zones to Residential Office zone. Pursuant to NYS Town Law §265 if this Petition is 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" ... "any such amendment shall require the approval of at least three-fourths of the members of the town board" Date Print Name Signature .�3 CfV)� �3 1 &L / l v U Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, February 26, 2019 4:11 PM To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; 'James Dinizio'; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle; William Ruland Subject: FW: Reeve Rezoning Hearing submission Attachments: Reeve LtrsTnBd.pdf FYI Elizabeth A. Neville, MMC Southold 'Down Clerk, Registrar of Vital Statistics Records Management Officer, FOIL, Officer Marriage Officer PO Box It 79 Southold, NY 11971 Tel. 631 765-1800. Ext. 228 Fax 631 765-6145 Cell 631 466-6064 From: awickhamOwbglawyers. com fmaiIto: awickham2wbglawyers. com]- __ Sent: Tuesday, February 26, 2-019-3-:41 PM To: Neville, Elizabeth; Russell, Scott; Duffy, Bill Subject: Reeve Rezoning Hearing submission Please see attached for distribution to the Town Board for the upcoming public hearing. Thank you for your consideration. Gail Wickham Wickham, Bressler & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) awickham@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please immediately notify the sender at 631-298-8353. LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-298-8353 JANET GEASA TELEFAX NO. 631-298-8565 awickham@wbglawyers.com February 26, 2019 Southold Town Board 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Harold R. Reeve & Sons, Inc. Rezoning Application County Road 48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-1-6 Ladies and Gentlemen: WILLIAM WICKHAM (06-02) This letter addresses the Planning Board's recommendation to the Town Board that the LB zoning be denied unless the restaurant and winery uses are eliminated. Aside from the Board's inability to legally effectuate this request, this is to -confirm my testimony at the first hearing that that recommendation is in large part erroneously based on a miscalculation in the SEQRA report prepared by Nelson, Pope &Voorhees. The SEQRA examination requested that a projected model of size and traffic generation of the two most intense LB uses, restaurant and winery, be included in the report. Since it was a projection of a worst case scenario and not a detailed site plan analysis, it made it very difficult for NPV, your staff, and me to depict a precise impact; thus your consultants did a rough mathematical computation starting with lot size, subtracting buffer and setback areas, and potential parking area size. This resulted in the large scale projection of a huge restaurant, certainly far larger than any existing restaurant on the North Fork. What the analysis did not consider were the following limiting factors: a) maximum building width in an LB zone is 60 feet, so a large scale building is not possible under the Code. b) Sufficient building area reduction for parking aisles and traffic circulation was not considered. c) The southward curve of the residential cul de sac will result in a significant incursion into the LB lot of the rear yard area in which the building cannot be located. d) Most significantly, the Suffolk County Dept. of Health Services restrictions on density and flow were not employed. According to our engineers, Young & Young, a restaurant's limit is 600 gpd per acre. Since we have 1.83 acres, that is approximately 1100 gpd. A restaurant seat requires 10 gpd. That allows for 110 seats, with augmentation possible for other factors, including possible double density computations. Therefore, the 520 seat, 13000 sf projection is at last 2-1/2 times over double what the site will accommodate on a Health Dept. basis, and the 60 foot width will further impact building size. We all know that other factors inevitably arise during site plan review which could result in further restrictions. Moreover, a restaurant use is allowed in an RO zone. Given the 60' width building limitation, a restaurant in an LB zone would not be materially different in size than in an RO zone, whereas the LB zone would allow for more areas for parking and buffering. The winery computation is also grossly overstated as to building size, for the same reasons as the Town Code restrictions mentioned above (buffers, parking, building width, etc.). The traffic projections for a winery are very minor, other than the occasional special event which would require a Town permit where other limitations could be imposed. Despite these overstated projections, which were formulated on a limited analysis of a projected model, the NPV report concluded, as did your SEQRA determination, that there was no significant impact from the rezoning, for reasons which include landscape buffers, mitigation measures, site plan restrictions. Also, given the extensive commercial aspects of the neighborhood, which were there long before most adjoining residential owners purchased their properties, a limitation to RO seems unduely and unnecessarily restrictive. We also note that the Rt. 48 corridor study recommended this entire property for MII zoning, which is a significantly more intense use than LB. Therefore, we respectfully request that the application for change of zone be granted. Thank you for your consideration. Very truly yours, !W Abiaii. Wickham AA Kd,n Re/reeve/lti plbdROrec Cc. Hon. Scott Russell, Supervisor via email Soudhold Town Clergy, for public hearing record via emad William Uieffy, Esq. Southold Town Atty via email LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-298-8353 JANET GEASA TELEFAX NO. 631-298-8565 awickhainCwbglawyers.com February 26, 2019 Southold Town Board 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Harold R. Reeve & Sons, Inc. Rezoning Application County Road 48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-1-6 Ladies and Gentlemen: WILLIAM WICKHAM (06-02) FEB 2 6 2019 Sc^9lhold Town Clerk Responding to the letters recently submitted to you in opposition to this application, we respectfully submit; 1. The proposed rezoning cannot be considered spot zoning because there will be an upzoning of a substantial portion of the property from the existing B zone, and because many of the surrounding properties in this mixed use neighborhood are zoned LI Light Industrial, B Business, and RO Residential office. The LB zoning is a moderate, intermediate use within this neighborhood zoning mix. 2. The existing residential parcels in the neighborhood, both those proposed in the applicant's subdivision and the few adjoining or nearby, are already subject to the issues posed by commercial use in the area, and the high volume traffic highway at a major intersection. This rezoning will not create any substantial increase to those matters. The larger lot size of the LB parcel will 'result in additional buffering, proper parking layout, building spacing, and greater building setbacks. This was recognized by the NPV report. 3. The residential lots, both those on applicant's property and those nearby, are isolated by private residential roadways, extra natural buffering, their own accessory rear yard buildings, and other mitigating factors imposed by the Planning Board as part of the subdivision and site plan proceedings. While it is unfortunate that the applicant's lots will also be between an LB Zone and an MII zone opposite the creek, this is unavoidable even with the current zoning of the property. 4. The Planning Board's recent recommendation does not take into account the miscalculations of use, building size, and traffic from the NPV generalized project model, as those are restricted by applicable provisions of the zoning code. The report's conclusions and mitigation, despite those overstated factors, resulted in a negative declaration under SEQRA. Those factors will be further mitigated by the site plan review process. These matters are detailed in my accompanying letter addressing the Planning Board recommendation. 4. The attempt to characterize the application as arbitrary and capricious is a zealous attempt by neighbors, several of whom purchased the property in a mixed use neighborhood well after this application was heard at a public hearing, to raise overblown concerns that are belied by the facts of the case as presented at the,hearing and in the application. We trust that the Board will render a rational decision based on the facts and circumstances of the case. Thank you for your consideration. Very truly/yours, r Abid IA. Wickham AAN"/dna Relreevellti p1bdROrec Cc: Hat, Scott Russell, Supervisor via email Soulhold Town Clerk, for public hearing record via email William Du& Esq Southold Town Atty via email Smith, Jennifer From: Smith, Jennifer Sent: Tuesday, February 26, 2019 1:50 PM To: Neville, Elizabeth; Norklun, Stacey; Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott; Standish, Laure6; Tomaszewski, Michelle Cc: 'awickham@wbglawyers.com' Subject: Reeve Property Change of Zone Attachments: Reeve C of Z_20190226134410.pdf Good Afternoon, Please see attached a letter in regard to the Reeves Property Change of Zone from Benjamin Polen. Thank you, &m!fer 03mith Office Assistant Southold Town Clerk's Office 53095 Main Road Po Box 1179 Southold, NY 11971 (631)765-1800 Benjamin Polen 295 Maiden Lane Mattituck �NY. 11925 Scott Russell, Town Supervisor Members of the Town Board Southold Town Hall 54375 State Route 25 Southold, NY February 25, 2019 FEB 2 5 2019 - Southold Town Clerk RE: 2019-173 a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R- 40"- 1 Dear Sirs and Madams: I am the owner of 295 Maiden Lane, a single-family residence located directly to the west of the subject property. I object to the proposed rezoning of Parcel SUM #1000-140-01-6 to LB. There are multiple reasons that this application should be rejected in its present form. However, let me clearly state I would not object if the rezoning was made to RO instead of LB. The Town Board resolution inaccurately describes the Planning Board report, dated January 30, 2019. The resolution asserts the Planning Board "issued a report supporting the same:" "WHER'EAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same;" However, the Planning Board report clearly lists multiple qualifications and objections. The second paragraph of the January 30, 2019 Planning Board report states: "The Planning Board... identifies concerns over the expansion of the commercially zoned area and the incompatibility of a future restaurant or winery use with the surrounding Residential Office (RO) and Residential',40 (R-40) parcels improved with single family residences." The Planning Board report then highlights the "significant enlargement of the commercial lot area from 25,000 square feet to 80,400 square feet" and the incompatibility of the proposed LB zoning with the adjacent parcels: "It is important to point out that the adjacent parcel to the northeast is also zoned B, however, RO and;RAO zoned parcels improved with residences occur to the north Of the B zoned parcel, RO zoned parcels improved with residences occur to the southwest (6 parcels) and to the southeast across Suffolk County Route 48 (6 parcels). A future restaurant or winery on a 1.84 acre parcel may be deleterious to the residential area and are better located within the Hamlet Center." It is reasonable and logical to assume that, if the Limited Business (LB) zoning is approved, the current or future property owner will seek to develop a restaurant or winery in order to achieve the highest and best use. "Highest and best use" is a core principle of real estate appraisal and economics, defined as "The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value." The Planning Board clearly recognizes this risk and specifically notes the "deleterious" risk to the residential area. Merriam -Webster defines deleterious as "harmful often in a subtle or unexpected way." However, any harm should not be unexpected as the Planning Board has clearly identified and explained the risks to the Town Board. As an alternative, the Planning Board "recommends that the Town Board consider the Residential Office (RO) Zoning District as an alternative to the LB zoning. The RO zone allows a restaurant through Special Exception oversight and a Winery is not permitted. The purpose of the RO zone is to provide a transition area of less intense uses from business zoned parcels to low density residential neighborhoods along major roads." I would support the designation of the site as RO zone and believe it a more appropriate and fitting use. I would also refer to the Planning Board's previous memorandum dated July 16, 2013, which recognizes the risks associated with hotel, restaurant, and winery use and recommends the Town Board require a covenant and restriction prohibiting these uses on this parcel. Specifically, the Planning Board states (in its July 16, 2013) memorandum: "The Planning Board is concerned that the following permitted uses are too 'intense for this location and would conflict with the residential character of the area and generate high levels of traffic: Hotel, • Restaurant • Winery These uses do not fully support the purpose of the LB Zoning District section which states: "The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area " It is recommended that should the Town Board consider granting this change of zone, that they require a covenant and restriction prohibiting these uses on this parcel." If the Town', Board approves the application in its current form it is an irrational, arbitrary and capricious decision that clearly ignores the advice of the Planning Board. Further, the Town Board is ignoring the advice of the "Mattituck HALO Map" (January 30, 2007) which delineates the proposed upzoned portion subject property as outside of the HALO and Hamlet Center. The eastern, boundary of the subject property is more than 200 ft from Wickham Ave. In response to the applicant attorney's arguments presented at the February 12, 2019 public hearing, please note that the 2 subject property IS NOT on the intersection of Route 48 and Wickham Ave (The applicant's attorney characterizes the intersection of Route 48 and Wickham Avenue as "busy.") The Applicant's support "Environmental Assessment Form Parts II and II Attachment and Summary Report" prepared by Nelson, Pope & Voorhis, dated as of August 30, 2016 offers Trip Generation estimates for a 520 seat restaurant "Saturday Peak Total" traffic at 172 trips. This is highly detrimental to the neighboring residences 'and out of character for the area. Further, the Nelson, Pope & Voorhis report is unable (for some reason) to obtain traffic figures for the North Fork,' and instead relies on data from California wine country. This lack of care and attention to the true local impact is disappointing. Nonetheless, the report estimates a 200 seat winery would generate 80 trips during' peak hours "special events" this would be further detrimental to the local area, generating noise, pollution, and potential hazards. As shown in the attached picture, the intersection is lightly populated by local businesses, primarily RO. If the Town Board approves the application in its current form it is an irrational, arbitrary and capricious decision that clearly ignores the advice of the Planning Board and the voice of the community. Sincerely, Benjamin Polen 3 Mattituck HALO Map {� Matutuck HALO Map Community Facdrties Protected Land View of Intersection from Property �Y 44W ,, 2 Neville, Elizabeth From: Bob DeLuca <bdeluca@eastendenvironment.org> Sent: Monday, February 25, 2019 3:12 PM To: Russell, Scott; William Ruland; Evans, Louisa; Doherty, Jill; Ghosio, Bob; Dinizib, James Cc: Neville, Elizabeth; Tomaszewski, Michelle; Lanza, Heather; Terry, Mark; Standish, Lauren Subject: Attachments: e - Comment Submission - Statement of Opposition H.R.Reeve_ZoneChange_GFEE.pdf Dear Supervisor Russell and Town Board Members: I regret that I was unable to attend the Board's recent hearing on the above -referenced matter, but appreciate the opportunity to submit the attached comments for your review, and to be made part of the record for this application. Given our longstanding concern and investment in the future environmental health of Mattituck Creek, we have been involved in the review of this property before the Planning Board, and do not support the proposed change of zone. It is our view that the proposed action will result in an increase in development intensity and avoidable negative impacts to the Mattituck Creek environs and local transportation infrastructure that would not occur under present zoning. Additional details of our concerns are provided in the attached letter. Thank you for your time and consideration of our comments. Sincerely, Bob DeLuca Robert S. DeLuca President I Group for the East End Office: 631-765-6450 x 213 1 Cell: 631-495-0601 Email: bdeluca@eastendenvironment.org I Web: www.GroupfortheEastEnd.org "Protecting the nature of the place you love" G.' -U, F0k-ri-I;F LAST END February 25, 2019 Supervisor Scott Russell & Members of the Southold Town Board Southold Town Hall 53095 Route 25, Post Office Box 1179 Southold, New York 11971 FEB 2 5 2019 Southold Town Clerk RE: Zone Change Application (B to LB) of Harold R. Reeve and Son Situate Mattituck (NW corner of CR 48 and 1605 Wickham Ave.) STATEMENT OF OPPOSITION Dear Supervisor Russell and Town Board Members: I regret that I was unable to attend the public hearing on the above -referenced matter, but appreciate the opportunity to submit the following written comments on behalf of Group for the East End. Background: For the record, the Group has been involved as a commenter on the subject application's related subdivision review before the Planning Board. As a result, we are familiar with the property, its surroundings, adjacent land uses, and the area's environmental resources and vulnerabilities. Concerns about Mattituck Creek: We are particularly interested in this project because of its proximity to the Mattituck Creek environs, which are exceptionally valuable as a natural and economic resource, and increasingly vulnerable to degradation from human activities and over development. As a result of our interest and investment (with such efforts as the "Waterwash" stormwater control project) in the long-term protection of the Mattituck Creek environs, our longstanding experience with community planning and zoning across the East End, and based on our review of this proposal, we do not support the proposed change of zone application. If approved, we believe this proposal will unnecessarily intensify the use of the property in an area already experiencing the pressures and challenges of incremental growth and traffic congestion. �K,p 9x 'S�� -=Yi �q pb '"} s,.a i �=5 t",,�� -x._� .�s � �^;rte, �t� �+ 1 pa$ j.,`- 1.. 9 c�4 4+. <-7- �, t.w 4. 't�.t G.<� n... ' 'w °�� '' '�..± P d..., �.. („3 r Spot Zoning and Growth Inducement: We are further concerned about this project's unintended, but possible inducement of other individual "spot zoning" proposals that serve to prioritize the individual interests of a single property owner over the broader community planning interests of the Town. In our experience, it is almost impossible for an individual landowner to fully contemplate the planning, zoning, and conservation needs of the broader community when considering a zone change solely from the standpoint of their own individual interests. This is not a criticism of any individual owner, but rather an acknowledgement of the complexity of long-term land use planning. Specifically, given the potential development options available to the applicant should it succeed with its requested change of zone, it is our assessment that the newly proposed zoning category would permit an otherwise avoidable intensification of site usage. We are particularly concerned about the proposal's increased lot area, which could facilitate sizable, high volume, "as -of -right" uses, which are allowed in the LB zone (restaurants, hotels, etc.) without the benefit of a Special Exception review. This is of particular importance in an area (like that of the subject proposal) where existing development is already putting stress on the Town's natural resources and transportation infrastructure. Town Planning Guidance: As a result of our review, we have also been unable to find any support for the proposed change of zone in the Town's most recent planning documents or relevant reports. In general, the overall theme of most Town Planning documents clearly favors a planning approach that limits density, reduces commercial sprawl, mitigates traffic congestion, and confines the further commercial development to already established commercial areas and hamlets. For these reasons, we think the proposed change of zone application is not well advised for the subject parcel. "Mattituck Toxin Cluster": In closing, we wish to provide you with some background information, which underscores the basis for our growing focus on the development pressures our region's most critical watersheds. The attached picture (provided by Dr. Christopher Gobler at SUNY, SOMAS) documents a situation that the scientists at Stony Brook University's School of Marine and Atmospheric Science (SOMAS) are now calling the "Mattituck Toxin Cluster". , i , What this image shows is that over the past several years, every surface water in Mattituck from the Long Island Sound all the way to the Peconic Estuary, has suffered from a range of Harmful Algal Blooms, that can wreak havoc on aquatic and marine ecosystems, harm human health, and even be lethal to pets and wildlife. As the Town Board is aware, the current understanding about these toxic algal blooms connects their presence and proliferation to surrounding land uses such as septic waste, runoff, fertilizers and atmospheric deposition. In light of the current problems facing our local waters, we feel it is increasingly important for decision -makers to consider every development application in the wider context of water quality, and the long-term management of our local watersheds. Unfortunately, over the years, many isolated development applications have been reviewed and deemed not to have a significant environmental impact without attention to each project's collective contribution to the overall degradation of our environment. Summary and Conclusions: Given that we now better understand the long-term impacts of incremental development on our precious water resources, we hope that the protection and restoration of our waters is on the mind of every decision -maker when he or she is called upon to render a discretionary decision, such as the subject application. We also hope the Town Board will carefully consider the proposed action in light of its wider community planning goals for water quality protection, traffic mitigation and the limitation of commercial development along primary arterial roadways like CR Route 48. I thank you for your time and courteous attention to our comments. If I can be of any further assistance, please feel free to contact me at your convenience. Sincerely, Robert S. DeLuca President Attachment cc: Southold Town Clerk Southold Town Planning Board �� „� .t � .. ..• � a . , .: tire+•. '.,, p *�A -,I ° • • F ra a • �L » & L a• t� Matticuk Inlet. w PSPA� k N 4 � • • Y ,, , �� r f3 ky. y a ' • . North Fork C • ' • . Maratooka Lake: • N r.. ? .. ,'.•; ,.# Blue-green algae ,. Nall creek' .• 56 r . r i - . t# � PSP �_;A s Atr • t . e , "� ♦ .��•'tuc �•• x +MSF "" s`` • ,...Mattik,�- #` . d ' k ::s,dir Sty,iw eery Fields. Dee Hole James Creek: •=: ••' : , w « cre ek. DS P • t _ Google •~ a�° '�`• -'' :smith, Jennifer From: Smith, Jennifer Sent: Tuesday, February 19, 2019 3:113 PM To: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Neville, Elizabeth; Ruland, William; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle pet. Attachments: Reeve C of Z_20190219150908.pdf Good Afternoon, Please see attached letters in regard to the Reeves Property change of zoning from Charles Gueli and Jo -Ann Lechner. Thank you, &enn e -r 031nith Office Assistant Southold Town Clerk's Office 53095 Main Road Po Box 1179 Southold, NY 11971 (631)765-1800 y 0912 ` �- Inform Enhance Preserve February 13, 2019 To: Supervisor Russell and Southold Town Board Re: Reeve Property, Mattituck Change of Zoning Dear Supervisor and Town Board, RECEIVED E EB 1 9 2019 Southold Town Clerk With respect to the proposed change of zoning from G and R-40 to Limited Business, we are in favor of NOT granting the application, for the following reasons: No other LB zoned properties in the area Structures allowed by LB zoning would create potential traffic issues and environmental issues. 3 proposed homes would be sandwiched between 2 heavy commercial uses. Thank you for your consideration of this letter. Respectfully Submitted, Charles Gu' eli Charles Gueli, President Mattituck-Laurel Civic Association Mattituck-Laurel Civic Association PO Box 465 Mattituck, NY 11952 Jo -Ann Lechner 1415 Marlene Lane Mattituck, NY February 16, 2019 To: Supervisor Russell and Southold Town Board Re: Reeve Property, Mattituck- Change in Zoning. Dear Supervisor and Town Board: RECEIVED FEB 1 9 2019 Southold Town Clerk I have been informed that the proprietor of the Reeves Property mentioned above requested a change in zoning from G and R-40 to Limited Business. I oppose the changes and ask that you not grant the application. Limited Business zoning would allow excessive building which would only provide additional traffic, as well as increased water and air pollution. Thank you for your consideration of this letter. Sincerely, Jo -Ann Lechner a���lw ,���/ ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front,if space permits. 1. Article Addressed to: William Stars, Karen Clark & Anthony Rutowski Jr. P.O. Box 501 Greenport, NY 11944 A. F1 !- ❑ Agent B. Fie eid€cl by (Pprf Name) C. Date of Delivery D. Is delivery address different from item 1? Yes If YES, enter delivery address below. ❑ No 3,3 Qbeq-s FL 311& Illllllll111111111111llilll111 II IIIII IIII IIIII3. ExpressO ❑AdulttSgnatture 11RegisterMail edMallTm ❑ Adult Signature Restricted Delivery ❑ Registered Mail RestricteC 9590 9403 0380 5163 6144 08Q�Certiiied Mail@ Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (lFansfer from service labeg --- — ❑ Collect on Delivery Restricted Delivery Mall ❑ Signature ConfirmationTA° ❑ Signature Confirmation 7 016 3560 0001 1195 3958 Restricted Delivery Restricted Delivery ,Mg�il Domestic Return Receipt UNITED STATWPOWIM&ICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 ® Sender: Please print your name, address, and ZIP+4® in this box® WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD P.O. BOX 1424 MATTITUCK, NEW YORK 11952 RECFivr- 959 94011 keg Fonn 8002— Bargain and Sale Deed. with Corewt aga.nst Granlaes Aan— Individualor Cwp—UJ (Stngk Sh=1) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. N.Y.S. REAL ESTATE TRANSFER TAX $1,148.00 THIS INDENTURE, made the 9th day of March , in the year 2018 BETWEEN KAREN ANN CLARK, residing at 31 Sunset Lane, Greenport, New York 11944 and ANTHONY B. RUTKOWSKI, JR., residing at 1130 Ole Jule Lane, Mattituck, New York 11952, as tenants in common party of the first part, and ROBERT H. GAMMON, residing at 70 Woodside Lane, Laurel, New York 11948 party of the second part. WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that undivided one-half (1/2) interest in that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk, State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the southwesterly side of Wickham Avenue, said monument being 106.28 feet northwesterly as measured along the southwesterly side of Wickham Avenue from the northwesterly end of a line which line connects the northwesterly side of Middle Road with the southwesterly side of Wickham Avenue; running thence from said point or place of beginning South 47* 36' 10" West 230.00 feet; thence North 43a 41' 20" West 75.00 feet; thence North 470 38' 00" East 236.00 feet to the southwesterly side of Wickham Avenue; thence along the southwesterly side of Wickham Avenue South 390 07' 20" East 75.00 feet to the monument set at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated March 9 , 2018 and recorded in the Suffolk County Clerk's on March 16, 2018 in Liber 12954 Page 192. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any pan of the total of the same for any other purpose. The word "party" shall be construed as if it read "parttes' whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF- V, Karen Ann Clark r Anthony B. Rutkowski, r. Page 2 of 3 Lt I Za I I C4 01 6 F E 0 1 2 2019 Form 8005A —Executor's Deed — Indrvidu orCorporaiwn (single steel) No-N.Y. REAL ESTATE TRANSFER TAX REQUIRED d�/ 8 "� THIS INDENTURE, made the 9th day of March, in the year 2018 BETWEEN KAREN ANN CLARK, residing at 31 Sunset Lane, Greenport, New York 11944 and ANTHONY B. RUTKOWSKI, JR., residing at 1130 Ole Jule Lane, Mattituck, New York 11952 as co-executors of the last will and testament of William Stars, late of Suffolk County, New York, who died on July 4, 2017 (Surrogate's Court File #2017-2665), party of the first part, and ROBERT H. GAMMON, residing at 70 Woodside Lane, Laurel, New York 1] 948 party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court of the State of New York for the County of Suffolk on September 5, 2017, and by virtue of the power and authority given In and by said last will and testament, and in consideration of �p��iyrQOt1'�° 1r distribution pursuant to paragraph SECOND of the Last Will and Testament of William Stars, paid by Me paFty of the vegend paFt, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that undivided ONE-HALF (112) INTEREST in that certain plot, piece or parcel of land, with the buildings and Improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk, State of New York, being more particularly bounded and described as follows: 11 BEGINNING at a monument on the southwesterly side of -Wickham uy Avenue, said monument being 106.28 feet northwesterly as measured along the southwesterly side of Wickham Avenue from the northwesterly end of a line which line connects the northwesterly side of Middle Road with the southwesterly side of Wickham Avenue; running thence from said point of beginning South 47° 36' 10" West 230.00 feet; thence North 430 41' 20"West 75.00 feet; thence North 470 38' 00" East 236.00 feet to the southwesterly side of Wickham Avenue; thence along the southwesterly side of Wickham Avenue South 390 07' 20" East 75.00 feet to the monument set at the point or place of BEGINNING. BEING AND`INTENDED TO BE the same premises conveyed -by deed dated December 20, 2005 and recorded in the Suffolk County Clerk's Office on December 23, 2005 in Liber. 12427 Page 197. Page 2 of 4 33Ind- I�3 34S CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 16 day of July, 2018 BETWEEN Anthony Waggoner and Stephanie Waggoner residing at 1695 Wickham Ave, Mattituck, NY 11952 party of the first part, and Nancy M. Pelgritt and Matthew A Kocian, husband and wife, residing at 3 Lincoln Ave, Old Greenwich CT. 06870 party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN dollars ($10.00) and other consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the'second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Town of Southold, County of Suffolk and state of New York, more particularly bounded and described in the annexed Schedule A. Being and intended to be the same premises conveyed to Anthony and Stephanie Waggoner by deed made by Stephanie Gullatt nka Stephanie Waggoner recorded April 19, 2002 in Liber 12181 page 378. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the Improvement before using any part of the total of the same for any other purpose. The word 'party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: An ho agg Ste hanie Waggoner UU ` Standard N.Y_B.T.U. Form 8002 . Bargain and Sale Deed. with Covenant against Grantees Acts — Umronn Acknowledgment Ido - t I,i ,lL W , dt loam t R1<iMHt1N`"ANY IVWeatrtttt WArenw,8uR9411 Nyt "F101% NY 10604 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYSTU FORINT 8007 � .; 1 ``j<2 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLERAND Gam' raPURCHASERD ORE IIGN THIS INDENTURE, madchhe iL�— day of 2013 lqo—jj between RITA MARTIN �T . �' m Y �0.1(jaJ residing at 3406 SE Glacier Terrace, Hobe Sound, FL 33455-8910 party of the first part, and 5275 COUNTY ROAD LLC ASR$ YfN N0>ElfilKA7l4R/dtdd Shcdil2CiDQ/60f k1�S�7L$( �+� residingat Sa'l5 C;DuNr 4 ROAD 42, mAr j-ruc#(, Ny t145� party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the paity of the second part, the heirs or successors and,assigns of the party of the second 'part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York._ SEE SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF Being and intended to be the same premises conveyed to the party of the first part by deed dated 8/12/99 and recorded on 9/23/99 in Liber 11990 Page 734. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE ANA TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first,to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if It read "parties" whenever the •sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. RITA MART NYSBA Residential Real Estate Fame an HotDocs° (9100) Copynaht Capsoa° Development rtelr,a • w NEW YORK MEMO —ew r* B00 853 X803 '�or� 212.922-1593 W tJtie insurance company slewarldewyork.com' SCHEDULE A— DESCRIPTION Tif1e No.: ST13-17048 1. All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: i BEGINNING at a point on the southwesterly side of Maiden Lane with the northwesterly side of Middle Road (CR 27 as widened); RUNNING THENCE from said point of beginning along the northwesterly side of Middle Road South 44 degrees 46 seconds West 114,53 feet to a point; THENCE along land now or formerly of Pierce (formerly Brown) North 47 degrees 35 minutes 20 seconds West 62.56 feet to a point; THENCE along land now or formerly of Carrig & McDonald (formerly Long) North 44 degrees 44 minutes 50 second East 114.71 feet to a point on the southwesterly side of Maiden bane; THENCCE along the southwesterly side of Maiden Land South 47 degrees 25 minutes 10 seconds East 62.40 feet to the point or place of BEGINNING, �• 3�L� • S CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY 41%THIS INDENTURE, made the /Z day of 01VIVSX/ Two Thousand and 9000 sr $ je en BETWEEN DENNIS KORD, residing at 295 Maiden Lane,, Mattituck, NY 11952 < 19 fes- party of the first part, and I ` LAUREN POLEN and BENJAMIN POLEN, residing at 42 Main Street ff5a, Brooklyn, NY 112010 party of the second part, lam—, WITNESSETH, that the party of"the first part, in consideration of ($10.) Ten dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, TAX MAP ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of )ESIGNATION Southold, County of Suffolk and State of New York, bounded and described as follows:BEGINNING at a concrete monument on the Westerly side of Maiden Lane (a private road)160 feet North of the Northerly line of District: 1000 lands now or formerly of the Estate of A.K. Brown; t Section: 140.00 RUNNING THENCE Westerly parallel with the Northerly line of lands now or formerly of the Estate of A.K. Brown, about 87 feet 9 inches to a concrete monument which is about 87.40 feet (87 feet 9 inbhes deed) Block: 01.00 Easterly from the larids`now or formerly of T. L. Hamilton; Lot(s): 007.000 RUNNING THENCE Northerly parallel with the Westerly line of Maiden Lane about 192 feet to the high water mark of Mattituck Creek; THENCE Easterly along the high water mark of Mattituck Creek to the Westerly line of Maiden Lane; THENCE Southerly along the Westerly line of Maiden Lane (257 feet survey) to the point or place of BEGINNING. SUBJECT, however, to an easement 10 feet in width along the Southeasterly line of said premises. "Being the same premises described in the deed to the parties of the first part herein by deed dated 12/20/2006 and recorded 01/0812007 in the County of Suffolk in Liber 12486 page 289." TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in,and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the' party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied firstfor the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year ftrsl,above written. IN PRESENCE OF: DENNIS KORD Standard N.Y,B,T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantors Ads — Uniform Acknowledgment Form 3290 1 _ n C° _ +--4 — i �N NvV-r aA4�.w1°aK U D J B� ye�b B 1p i 2 0 T.� J r 5 ?B PAR10N0 SCHEDULE 7 PARKING SPACE PER 200 SO Ff REDUIREO A' BUDDING 4000 aq ft. -20 SPADES 'B' BUILDING 1370 aqR = 7 SPACES REQUIRED 27 70TAL ' PROPOSED 27 TOTAL A /l se CA9rCND u7s 9POKilN6600D� n+nacclanaa �� onaeermm. 8 7 �2Z o Re -3 I I X 00 MEMORANDUM TO FILE In the matter of the change of zone request for Stephen King for a change of zone from Residential Low Density (R-40) to General Business R 1000-P/0 1000-122-3-6 The Planning Board is in favor of this zone change for the following reasons: 1. The rear section of this General Business (B) parcel is zoned R -40, one acre residential. The residential rear lot is .69 of and acre, thus it is non -conforming as to area. The use of this parcel for a conforming use ie, a residence is precluded by its non -conformity. 2. The business zoned front parcel contains buildings that require adequate off-street parking. This current parking is in front of the buildings and close to the Main Road. This has resulted in a dangerous situation of cars backing onto the Main Road. In order to correct this condition the applicant has requested the zone change to use the rear portion of the property for adequate off-street parking. 3. The front parcel containing the -two buildings is non -conforming as to area to support two business uses. By rezoning the rear residential parcel to business the property will be conforming for two uses. 4. Because of the lack of adequate of street parking on the business parcel and the inability to conduct two businesses, the property has been vacant, allowing the buildings and the property to fall into disrepair. The zone change will result in the new owner refurbishing the buildings and restoring the property to acceptable standards. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net . - Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RE SIVE - Tel. (631) 765-1809 • Fax (631) 765-9064 0 3 1 2M FINDINGS, DELIBERATIONS AND DETERMINAT��?2mrz& MEETING DATE: OCTOBER 30, 2008 Southold Town C[erl ZBA # 6013 — End of the Road LLC by Daniel C. Mooney, Esq. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's Road (private), Mattituck CTM 122-3-17.1 (formerly 1.2, 2, 5.1 and 17) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. In addition, the Planning Board as Lead Agency has issued a Negative Declaration (also insert PB Negative Declaration SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 19, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 84,142 sq. ft. parcel comprises four county tax map numbers with 164.79 ft. along Route 25 (Main Road) and 218.16 ft. along RO- W known as John's Road is improved with various existing structures as shown on survey prepared by Nathan Taft Corwin III, Land Surveyor dated 7/12/06 last updated 8/27/07. The premises are located in Business and R-40 Residential Zone Districts. BASIS OF APPLICATION: Request for Variances under Sections 280-49 and 280 -78B -I, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval concerning proposed construction of two buildings (with retail, office and bank space in this B -General Business Zone District. The reasons for disapproving the building permit application are: (1) one of the two buildings will be less than 25 feet from the side property line, after demolition of existing buildings, and (2) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280 -78 -B -I. The existing buildings are proposed to be demolished. LWRP: TOWN CODE CHAPTER 95: This application is exempt under Town Code Chapter 268 (95). Page 2 — October 30, 2008 ZBA # 6013 — End of the Road, LLC CTM No. 122-3-1.2,2, 6.1 and 17 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 20, 2007, and a public hearing on the applicant's amended application on June 26, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicant is requesting relief under Code Sections 280-49, 280-50 (A and C), and 280 -78B -I, based on the Building Inspector's amended May 2, 2008 Notice of Disapproval concerning proposed construction of two buildings, with retail, office and bank space in the B -General Business Zone District. The reasons for disapproving the building permit application are: (1) a building is proposed with a single side yard of less than 25 feet and set back at less than 75 feet from the right-of-way; (2) a building is proposed at less than 75 feet from the right-of-way and will be greater than the code limitation of 60 linear feet in width; (3) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280 -78 -B -I. The new construction is proposed after demolishing the existing buildings. ADDITIONAL INFORMATION: The proposed construction on this 84,142 sq. ft. parcel is in a B Business Zone District, and a portion of the proposed parking falls within the R-40 Residential Zone. The project consists of a proposed bank Building of 3,241 sq. ft., and an Office Building of 13,227 sq. ft. The proposed two-story Office Building will have a single side yard of 17.4'. The office building, as proposed, will be setback 52.5' and the Bank Building will be setback 73' from the RO- W. The Bank Building as proposed will have 85' linear feet in width. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 4267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The setbacks requested are greater than the setbacks of nearby buildings. The parcel to the west has a 12 ft. and a 33 ft. setback to the front right-of-way line. None of the present buildings on either side of the Main Road in close vicinity meets the code -required right-of-way or front yard setbacks. One of applicant's buildings has a zero side setback, and the plan as amended provides for a 17.4 minimum side yard setback. The new building plan is based on numerous changes made during the site plan process with both the Planning Board and Zoning Board of appeals for more conformity with the codes, and improvements resulting from demolition of four highly substandard, non -conforming buildings which also lack Town approval, for parking and site plan and lack of curb cuts for safe egress and ingress along the Main Road (NYS Route 25) in the Hamlet of Mattituck. The mixed uses that exist currently with the nonconforming buildings will be eliminated. The new parking will be an expansion to increase the Page 3 — October 30, 2008 ZBA # 6013 — End of the Road, LLC CTM No. 122-3-1.2, 2, 5.1 and 17 number of spaces, while providing for substantial screening and landscape buffer adjacent to the boundary lines of the property, and preserving large trees. The existing buildings are approximately 16,638 square feet, based on the Assessor's gross square footage of assessment, and the total proposed square footage for the new construction will be +/- 16,468 square feet. The removal of the existing building on the site and the replacement with two new buildings under current building codes, will not cause a detriment to the immediate neighborhood. The difference of the two are so insignificant and will not create an undesirable change to the town or nearby properties. One building will be 55 feet wide which meet the code maximum limitation of 60 feet for linear footage, except that roof over the drive through brings the total linear feet to 80 feet. The roof over drive through was moved to the easterly side to lessen the impact of the lighting on John's road residences and because it is safer to have the ATM visible from the Main Road, as close to the front of the building and as far away from the residential area as is possible. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The restrictions on the property with its mixed zoning use districts do not provide for any other alternative for parking in a R-40 Zoning when it is related to the adjacent Business Zone, and that the applicant is offering as more conforming and expanded than the parking that exists. The buildings that exist are nonconforming and in disrepair. The establishment of approved access with new curb cuts at NYS Route 25, a high traffic area with a perpendicular road, is needed. The proposed construction is low -impact in its intensity, for one bank building and one office building. 3. Town Law §267-b(3)(b)(3). The variances requested herein are not substantial. The proposed setback requested is greater than the setback of nearby buildings. Also, the application is based on code nonconformities that have existed for many years with four buildings occupied at the site. The new site plan provides for location of two new buildings, and is the maximum that the Board would entertain. 4. Town Law 5267-b(3)(b)(5). The difficulty has been self created. The applicant proposes to reduce the nonconformities with a new site plan and to demolish and remove many setback, parking, and other zoning code nonconformities that have existed for many years. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this mixed business and residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The application as proposed will be able to provide more safety in respect to parking, access, visual improvements, noise reduction as compared to the permitted business uses conducted at the property. In addition, the drainage system will insure that there is no runoff onto any parcel or onto John's Road (a private road). 6. Town Law 5267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing new buildings on this property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4 — October 30, 2008 ZBA # 6013 — End of the Road, LLC CTM No. 122-3-1.2, 2, 5.1 and 17 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Weisman, and duly carried, to GRANT as shown on site plan prepared by James V. DeLucca, R.A. last dated April 9, 2008, Sketch Site Plan dated 6/23/08, and Elevation Plan Sheets 1 and 2, dated 4/4/08, subject to the following conditions: 1. Land bank parking on the east side of the rear parking lot buffered adjacent to the residence, and place blue stone the remaining residential portion of the parking lot (except for handicap parking). 2. Lighting to be shielded to the ground in the parking lot. The above conditions shall be written into the building inspector's certificate of occupancy. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Oliva, Dini ' , imon, d,*eisman.Js Re luy" was duly adopted (5-0). • BARD P. GOEHRINGER, CHAIRMAN 0/30/08 �/ Approved for filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://Southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION S0911110Id TOM Clerk MEETING OF NOVEMBER 4, 2004 ZBA Ref. 5598 and 5599 — Mullen Motors (Mullen Realty) y Location: Main Road, Cottage Place, and Locust Avenue, Southold CTM Ref. 1000-62-3-19, 20, 22.1, 24.1 SEQRA DETERMINATION: The Zoning Board - of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's parcels consist of a total area of 90,102 square feet with 302.60 ft. frontage along the east side of Cottage Place, 298.92 feet along the south side of Main Road (State Route 25), and 285.39 feet along the west side of Locust Avenue, in Southold. The property is located in the General Business (B) Zone District. The northwesterly parcel (CTM 19 and 20) is improved with a dealership for sales of new and ,used cars and trucks, and service -repair center, with related accessory uses and parking areas. The easterly parcel (CTM 22.1) is improved with four (4) buildings occupied by various businesses. The southeasterly parcel (CTM 24.1) is used for parking related to the adjacent business properties. BASIS OF APPLICATION: Building Department's March 25, 2004 Notice of Disapproval, amended August 12, 2004, citing Sections 100-102 (Bulk Schedule), ,100-103C and 100-243 in its denial of a request for a lot line change and to build additions with alterations to the existing car dealership and service center. The reasons stated in the Notice of Disapproval are that, with the proposed lot line change, the applicant's plan does not meet the code requirements for: (a) minimum single side yard at 25 feet, (b) maximum lot coverage of 30 percent, (c) minimum lot size of 30,000 sq. ft., (d) building will have more than 60 linear feet on one street, and (e) the uses are nonconforming, since the property was not issued a special exception, and the overall footprint is being increased by more than 15 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: SPECIAL EXCEPTION Page 2 — November 4, 2004 File N6.5598 and 5599 — Mullen Moiors CTM Id: 62-3-19,29,22.1,24.1 SPECIAL-_ EXCEPTION REQUEST/CODE PROVISION: A Special Exception under 100-101B(12) for a car and truck dealership .(sale of new and use motor vehicles) and public garage (service center and repair of motor vehicles). All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations for the General Business (B) Zone District. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing dealerships and repair/service center uses by Special Exception, review, and on the basis of testimony presented and personal inspection, the Board finds: 1. Car and ttuck dealerships and repair/service center uses are permitted in this General Business Zone District under Section 100-101B(12) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. Since prior to 1960 a, car dealership and service center has existed at the property, and the Town has issued numerous determinations relative to the use on portions of this property for these uses. The applicant is requesting a Special Exception for conforming uses, rather than the uses determined by the Building Department as nonconforming uses. The uses are in harmony with the zoning ordinance and the uses will remain exactly the same as it was prior to this application, in that the building areas will be modernized and lot line change 'will 'provide for improvements in ingress and egress without having vehicles back out on the public street, and servicing of vehicles inside the proposed new construction area. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A) The use is a continuation of the current uses at the property. The existing building will be modernized and allow for reasonable expansion, providing for a safer environment for its customers and employees. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. The use is not a change of the existing use. The renovation and addition will meet or exceed all of the current federal, state, county work-related safety'and health requirements. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected -by the new construction, renovations to the existing building, and lot line change, as proposed and its location. D) The .use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood f Page 3 — November 4, 2004 File No. 5598 and 5599 — Mullen Moiors CTM Id: 62-3-19, 29, 22.1, 24.1 and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A car dealership and service center has existed at this property for over 45 years, and the General Business Zone provides for such use, allowed by Special Exception approval from the Board of Appeals and site plan approval from the Planning Board. C. The location of the proposed addition and renovations to the existing building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Outside storage is not proposed or authorized. F., The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The continued operations as car dealership and service/repair center will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. Off-street parking of vehicles incidental to the use -and whether-- such space is reasonably adequate and appropriate, is subject to review and approval of the Southold Town Planning Board under the site plan regulatio„s. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be any undue concentration or assemblage of persons upon such plot in the operations as a landscaping business. Page 4 — November 4, 2004 File No. 5598 and 5599 — Mullen Motors CTM Id: 62-3-19, 29, 22.1, 24.1 J. The continued use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not. unreasonably near a school, theater, recreational area or other place of public assembly. M. The site is suitable for the new construction under the continued car and truck sales and service/repair center uses and related accessory uses considering its size and the character of the neighborhood. N. Concerns with respect to -outside storage of debris has been addressed as a condition of this Special Exception. No other evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made .for the collection and disposal of storm -water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. VARIANCE REQUESTS: AREA VARIANCES REQUESTED: The proposed lot line change will (a) increase the setback, after the proposed addition, on the existing single side yard, from 2 feet to 4+- feet; (b) Lot No. 2 will' become more nonconforming from 26,806 sq. ft. to 21,355 sq. ft. It is noted that the lot coverage will comply with the code's 30 percent limit for Lot 2, and Lot 1 will be conforming with 44,152 square feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The variances requested are for a long- established business located in the hamlet center of Southold. The applicants seek to make renovations, tb enlarge the existing building to modernize the existing car dealership, to provide more efficient service for its customers, and to bring the facilities up to current day standards and regulations. Page 5 — November 4, 2004 _ .1 File No. 5598 and' 5599 — Mullen Mo"tors CTM Id: 62-3-19, 29, 22.1, 24.1 2. The proposed lot line change will create a conforming lot of 44,152 sq. ft. on lot No. 1 and will also decrease the existing lot coverage from 49.5 percent to 32.2 percent, 2.2 percent over the code's allowable 30 percent maximum. Although the lot size of Lot No. 2 will become more nonconforming from 26,806 sq. ft. to 21,355 sq. ft., there will be no change in the existing buildings and the lot coverage will comply with the 30 percent limit. The project and new site design will also improve traffic flow and. congestion on Cottage Place by eliminating the multiple entrances and exits now required for servicing. The new design will allow all work to be conducted on site without the need to enter and exit Cottage Place for the various phases of service performed on vehicles. 3. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the limited size of the lot areas, and the existing nonconforming configuration of the buildings, no expansion or renovation would be possible without variances. 4. The setback variances granted herein are substantial in relation to the code but represent no change in the preexisting nonconforming setback. The area variances granted for lot size are not significant and result in one conforming lot (No 1) and nonconforming lot (No. 2) where two nonconforming lots existed. 5. The alleged difficulty has been self-created. 6. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighbor- hood. 7. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a modernized, improved car dealership, while preserving and, protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Dinizio, and duly carried, to GRANT the Special Exception and Variances, as applied for, as shown on the plan dated Page 6 — November 4, 2004 File No. 5598 and 5599 — Mullen Motors CTM Id: 62-3-19, 29, 22.1, 24.1 June 9, 2004, amended July 20, 2004 by Peconic Surveyors, P.C., and 12-8-02 diagrams prepared by William T. Medlow, Architect. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliv hairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0) Ruth D. Oliva, Chairwoman 12/6104 Approved for Filing LO-- CO.'ERec= E11SAIG1 cors c°r .REA 3-!x3-2 ro I SURVEYFOR L OT UNE CHA; JGE MULLEN MOTORS, INC AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SCALE. AA- 9 200, Nr 30, 200- fepNla+t1 (KY S. Rr9 25 MAIN ROAD,.' -"`- r zvp•c oem ., _ _,_ p 1000-62--03-Ii & %RCEL 1 r--� MULLEN REALTY LP loco -62-03-20 'R�r. • • . : - { a CARS (EXISTING) ,t � w,Wnt �-• i,o wo, JOSH AKSTES za-c at ratCr s ' ONNERS 1000 _ 62 _ 03 - 19 L 20 v -UC. RE L7Y LP P °. — 1409 SOUTHOLD, Or 0971 AREA - 33,7W tv 11 ONI{RS 1000 -62 - OJ - 221 d 2-J RR)1 EN7ERPR/TES POO90X 61- SWTNOLO, 14Y. 11971 AREA s -,v01 ,OA PARCEL 1 1000.62.R)3-19,20 -,I32 P/ fr22lL AEA• < PARCEL It /000.62-03-PIO 221 AREA 21,333 f-1, PARCEL 111 100°-62-03-z-1 AREA- 2-,593 W, TOTAL AREA = 90,102 sq ft. [�] • malosro Anara. - .t I r•e 6ovl � 2 O S LO-- CO.'ERec= E11SAIG1 cors c°r .REA 3-!x3-2 ro I SURVEYFOR L OT UNE CHA; JGE MULLEN MOTORS, INC AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SCALE. AA- 9 200, Nr 30, 200- fepNla+t1 (KY S. Rr9 25 MAIN ROAD,.' -"`- r zvp•c oem ., _ _,_ p 1000-62--03-Ii & %RCEL 1 r--� MULLEN REALTY LP loco -62-03-20 'R�r. • • . : - { a CARS (EXISTING) ,t � w,Wnt �-• i,o wo, JOSH AKSTES za-c at ratCr s ' ONNERS 1000 _ 62 _ 03 - 19 L 20 v -UC. RE L7Y LP P °. — 1409 SOUTHOLD, Or 0971 AREA - 33,7W tv 11 ONI{RS 1000 -62 - OJ - 221 d 2-J RR)1 EN7ERPR/TES POO90X 61- SWTNOLO, 14Y. 11971 AREA s -,v01 ,OA PARCEL 1 1000.62.R)3-19,20 -,I32 P/ fr22lL AEA• < PARCEL It /000.62-03-PIO 221 AREA 21,333 f-1, PARCEL 111 100°-62-03-z-1 AREA- 2-,593 W, TOTAL AREA = 90,102 sq ft. [�] • malosro Anara. - .t I r•e 6ovl � 1 1\ n w^ PAl K 0r"•'• III a INC \ \ t , ` 0 "•+ s ARCEL Slit «` SPACES FZVP 0-62'ta 0' l "` RSL 9 1A�0_52 Ko0 P�jO•ta+' w' d7 �: l 10 w y �~ c �r NptF CORBCI • KYS lC •a6 ,L� ypLU \ -1 job iax17c5 • Ir. iiaap r�Rs� s�- 0 1 CLj,� S Ft, (,--\ adv. 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J � ��__ mwwaamanrw°mnm..o PLAN:jjnPARTIAL PLAN /� ) LgSITE , ,, �� `.� ��.,d•,.,.,,�,,,, tt ---rwn,o°,ns.sm.ensarm•¢uc>�c®,ortnwomnricuvmauorKn°roncarxavnKwv.aunno<rw..mmcc'mrmnawnarw,anwmcnmKK� rn.nrmrwr:.wmorr�Kwncr.mumr�iwa r..uwrtcrravama..nKim,w.awamcmurtimxrro<nwc<wKan�orrw.umnx " Q HENRY E. RAYNOR, Jr., Chairmn JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Mr. James Reeves Harold R. Reeve & Sons, Inc. Main Road P.O. Box 1441 Mattituck, New York 11952 Re--. Site Plan Dear Mr. Reeves: Please let this confirm our presubmission conference and action of our Board last evening. TELEPHONE 765-1938 it was RESOLVED that the Southold Town Planning Board approve the site plan "Harold R. Reeve & Sons, Inc." at Mattituck subject to certification from the Building Depart- ment and a one year review. It was noted in our minutes the entire d th__pf, the property is in "B" zone and the westerlyy property is under e same ownership. We have designated on one of the plans the areas you propose to pave and buffer with plantings which should assist the building inspector with certification. Also noted is that you propose to fence the areas that abut residential properties. Please forward the application fee in the amount of $25, payable to Southold Town Clerk, at your earliest conven- ience. Thank you. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary - cc: Building Department (with attachments) Mattituck 2 MiddleRoad, E/O Lipco Rd., W/O Wickham Ave. Mattituck � To J fjo*To,LIZL T -ro Existing Conditions: Mixed uses and zonings. Many non -conforming uses (residential on,commercial & industrial). Opportunities for waterfront development. Little or no link to waterfront. Recommendations: Rezone existing residential from LI to RO or other residential district. Encourage MI or MII along waterfront. Additinnal rPvipw for cgtirp urea. Norklun, Stacey From: Smith, Jennifer Sent: Tuesday, February 26, 2019 1:50 PM To: Neville, Elizabeth; Norklun, Stacey; Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle Cc: 'awickham@wbglawyers.com' Subject: Reeve Property Change of Zone Attachments: Reeve C of Z_20190226134410.pdf Good Afternoon, Please see attached a letter in regard to the Reeves Property Change of Zone from Benjamin Polen. Thank you, &emnifer 03mith Office Assistant Southold Town Clerk's Office 53095 Main Road Po Box 1179 Southold, NY 11971 (631)765-1800 Benjamin Polen 295 Maiden Lane Mattituck NY. 11925 Scott Russell, Town Supervisor Members of the Town Board Southold Town Hall 54375 State Route 25 Southold, NY February 25, 2019 FENS 25 2019 SOLdhold Town Clerk RE: 2019-173 a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140-01-6 from B General Business & R-40 to LB Limited Business & R- 40" Dear Sirs and Madams: I am the owner of 295 Maiden Lane, a single-family residence located directly to the west of the subject property. I object to the proposed rezoning of Parcel SCTM #1000-140-01-6 to LB. There are multiple reasons that this application should be rejected in its present form. However, let me clearly state I would not object if the rezoning was made to RO instead of LB. The Town Board resolution inaccurately describes the Planning Board report, dated January 30, 2019. The resolution asserts the Planning Board "issued a report supporting the same:" "WHEREAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same;" However, the Planning Board report clearly lists multiple qualifications and objections. The second paragraph of the January 30, 2019 Planning Board report states: "The Planning Board... identifies concerns over the expansion of the commercially zoned area and the incompatibility of a future restaurant or winery use with the surrounding Residential Office (RO) and Residential 40 (R-40) parcels improved with single family residences." The Planning Board report then highlights the "significant enlargement of the commercial lot area from 25,000 square feet to 80,400 square feet" and the incompatibility of the proposed LB zoning with the adjacent parcels: "It is important to point out that the adjacent parcel to the northeast is also zoned B, however, RO and RAO zoned parcels improved with residences occur to the north Of the B zoned parcel, RO zoned parcels improved with residences occur to the southwest (6 parcels) and to the southeast across Suffolk County Route 48 (6 parcels). A future restaurant or winery on a 1.84 acre parcel may be deleterious to the residential area and are better located within the Hamlet Center." It is reasonable and logical to assume that, if the Limited Business (LB) zoning is approved, the current or future property owner will seek to develop a restaurant or winery in order to achieve the highest and best use. "Highest and best use" is a core principle of real estate appraisal and economics, defined as "The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value." The Planning Board clearly recognizes this risk and specifically notes the "deleterious" risk to the residential area. Merriam -Webster defines deleterious as "harmful often in a subtle or unexpected way." However, any harm should not be unexpected as the Planning Board has clearly identified and explained the risks to the Town Board. As an alternative, the Planning Board "recommends that the Town Board consider the Residential Office (RO) Zoning District as an alternative to the LB zoning. The RO zone allows a restaurant through Special Exception oversight and a Winery is not permitted. The purpose of the RO zone is to provide a transition area of less intense uses from business zoned parcels to low density residential neighborhoods along major roads." I would support the designation of the site as RO zone and believe it a more appropriate and fitting use. I would also refer to the Planning Board's previous memorandum dated July 16, 2013, which recognizes the risks associated with hotel, restaurant, and winery use and recommends the Town Board require a covenant and restriction prohibiting these uses on this parcel. Specifically, the Planning Board states (in its July 16, 2013) memorandum: "The Planning Board is concerned that the following permitted uses are too 'intense for this location and would conflict with the residential character of the area and generate high levels of traffic: • Hotel, • Restaurant • Winery These uses do not fully support the purpose of the LB Zoning District section which states: "The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area " It is recommended that should the Town Board consider granting this change of zone, that they require a covenant and restriction prohibiting these uses on this parcel." If the Town Board approves the application in its current form it is an irrational, arbitrary and capricious decision that clearly ignores the advice of the Planning Board. Further, the Town Board is ignoring the advice of the "Mattituck HALO Map" (January 30, 2007) which delineates the proposed upzoned portion subject property as outside of the HALO and Hamlet Center. The eastern boundary of the subject property is more than 200 ft from Wickham Ave. In response to the applicant attorney's arguments presented at the February 12, 2019 public hearing, please note that the subject property IS NOT on the intersection of Route 48 and Wickham Ave (The applicant's attorney characterizes the intersection of Route 48 and Wickham Avenue as "busy.") The Applicant's support "Environmental Assessment Form Parts II and II Attachment and Summary Report" prepared by Nelson, Pope & Voorhis, dated as of August 30, 2016 offers Trip Generation estimates for a 520 seat restaurant "Saturday Peak Total" traffic at 172 trips. This is highly detrimental to the neighboring residences and out of character for the area. Further, the Nelson, Pope & Voorhis report is unable (for some reason) to obtain traffic figures for the North Fork, and instead relies on data from California wine country. This lack of care and attention to the true local impact is disappointing. Nonetheless, the report estimates a 200 seat winery would generate 80 trips during peak hours "special events" this would be further detrimental to the local area, generating noise, pollution, and potential hazards. As shown in the attached picture, the intersection is lightly populated by local businesses, primarily RO. If the Town Board approves the application in its current form it is an irrational, arbitrary and capricious decision that clearly ignores the advice of the Planning Board and the voice of the community. Sincerely, Benjamin Polen Mattituck HALO Map View of Intersection from Property awo f „ 4 Norklun, Stacey From: Neville, Elizabeth Sent: Monday, February 25, 2019 3:13 PM To: Norklun, Stacey Subject: FW: H.R. Reeve Zone Change - Comment Submission - Statement of Opposition Attachments: H.R.Reeve_ZoneChange_GFEE.pdf From: Bob DeLuca[maiIto:bdeluca@eastendenvironment.org] Sent: Monday, February 25, 2019 3:12 PM To: Russell, Scott; William Ruland; Evans, Louisa; Doherty, Jill; Ghosio, Bob; Dinizio, James Cc: Neville, Elizabeth; Tomaszewski, Michelle; Lanza, Heather; Terry, Mark; Standish, Lauren Subject: H.R. Reeve Zone Change - Comment Submission - Statement of Opposition Dear Supervisor Russell and Town Board Members: I regret that I was unable to attend the Board's recent hearing on the above -referenced matter, but appreciate the opportunity to submit the attached comments for your review, and to be made part of the record for this application. Given our longstanding concern and investment in the future environmental health of Mattituck Creek, we have been involved in the review of this property before the Planning Board, and do not support the proposed change of zone. It is our view that the proposed action will result in an increase in development intensity and avoidable negative impacts to the Mattituck Creek environs and local transportation infrastructure that would not occur under present zoning. Additional details of our concerns are provided in the attached letter. Thank you for your time and consideration of our comments. Sincerely, Bob DeLuca Robert S. DeLuca President I Group for the East End Office: 631-765-6450 x 213 1 Cell: 631-495-0601 Email: Ilbdellluca@eas-teurmdeurmvliiurourmirneurm-t,oirg I Web: wwwoirg February 25, 2019 Supervisor Scott Russell & Members of the Southold Town Board Southold Town Hall 53095 Route 25, Post Office Box 1179 Southold, New York 11971 RE: Zone Change Application (B to LB) of Harold R. Reeve and Son Situate Mattituck (NW corner of CR 48 and 1605 Wickham Ave.) STATEMENT OF OPPOSITION Dear Supervisor Russell and Town Board Members: I regret that I was unable to attend the public hearing on the above -referenced matter, but appreciate the opportunity to submit the following written comments on behalf of Group for the East End. Background: For the record, the Group has been involved as a commenter on the subject application's related subdivision review before the Planning Board. As a result, we are familiar with the property, its surroundings, adjacent land uses, and the area's environmental resources and vulnerabilities. Concerns about Mattituck Creek: We are particularly interested in this project because of its proximity to the Mattituck Creek environs, which are exceptionally valuable as a natural and economic resource, and increasingly vulnerable to degradation from human activities and over development. As a result of our interest and investment (with such efforts as the "Waterwash" stormwater control project) in the long-term protection of the Mattituck Creek environs, our longstanding experience with community planning and zoning across the East End, and based on our review of this proposal, we do not support the proposed change of zone application. If approved, we believe this proposal will unnecessarily intensify the use of the property in an area already experiencing the pressures and challenges of incremental growth and traffic congestion. Spot Zoning and Growth Inducement: We are further concerned about this project's unintended, but possible inducement of other individual "spot zoning" proposals that serve to prioritize the individual interests of a single property owner over the broader community planning interests of the Town. In our experience, it is almost impossible for an individual landowner to fully contemplate the planning, zoning, and conservation needs of the broader community when considering a zone change solely from the standpoint of their own individual interests. This is not a criticism of any individual owner, but rather an acknowledgement of the complexity of long-term land use planning. Specifically, given the potential development options available to the applicant should it succeed with its requested change of zone, it is our assessment that the newly proposed zoning category would permit an otherwise avoidable intensification of site usage. We are particularly concerned about the proposal's increased lot area, which could facilitate sizable, high volume, "as -of -right" uses, which are allowed in the LB zone (restaurants, hotels, etc.) without the benefit of a Special Exception review. This is of particular importance in an area (like that of the subject proposal) where existing development is already putting stress on the Town's natural resources and transportation infrastructure. Town Planning Guidance: As a result of our review, we have also been unable to find any support for the proposed change of zone in the Town's most recent planning documents or relevant reports. In general, the overall theme of most Town Planning documents clearly favors a planning approach that limits density, reduces commercial sprawl, mitigates traffic congestion, and confines the further commercial development to already established commercial areas and hamlets. For these reasons, we think the proposed change of zone application is not well advised for the subject parcel. "Mattituck Toxin Cluster": In closing, we wish to provide you with some background information, which underscores the basis for our growing focus on the development pressures our region's most critical watersheds. The attached picture (provided by Dr. Christopher Gobler at SUNY, SOMAS) documents a situation that the scientists at Stony Brook University's School of Marine and Atmospheric Science (SOMAS) are now calling the "Mattituck Toxin Cluster". 2 What this image shows is that over the past several years, every surface water in Mattituck from the Long Island Sound all the way to the Peconic Estuary, has suffered from a range of Harmful Algal Blooms, that can wreak havoc on aquatic and marine ecosystems, harm human health, and even be lethal to pets and wildlife. As the Town Board is aware, the current understanding about these toxic algal blooms connects their presence and proliferation to surrounding land uses such as septic waste, runoff, fertilizers and atmospheric deposition. In light of the current problems facing our local waters, we feel it is increasingly important for decision -makers to consider every development application in the wider context of water quality, and the long-term management of our local watersheds. Unfortunately, over the years, many isolated development applications have been reviewed and deemed not to have a significant environmental impact without attention to each project's collective contribution to the overall degradation of our environment. Summary and Conclusions: Given that we now better understand the long-term impacts of incremental development on our precious water resources, we hope that the protection and restoration of our waters is on the mind of every decision -maker when he or she is called upon to render a discretionary decision, such as the subject application. We also hope the Town Board will carefully consider the proposed action in light of its wider community planning goals for water quality protection, traffic mitigation and the limitation of commercial development along primary arterial roadways like CR Route 48. I thank you for your time and courteous attention to our comments. If I can be of any further assistance, please feel free to contact me at your convenience. Sincerely, Robert S. DeLuca President Attachment cc: Southold Town Clerk Southold Town Planning Board Smith, Jennifer From: Smith, Jennifer Sent: Tuesday, February 19, 2019 3:13 PM To: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Neville, Elizabeth; Ruland, William; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle Subject: Reeve Property Cof Z Attachments: Reeve C of Z_20190219150908.pdf Good Afternoon, Please see attached letters in regard to the Reeves Property change of zoning from Charles Gueli and Jo -Ann Lechner. Thank you, &=fer 03inith Office Assistant Southold Town Clerk's Office 53095 Main Road Po Box 1179 Southold, NY 11971 (631)765-1800 Inform Enhance Preserve February 13, 2019 To: Supervisor Russell and Southold Town Board Re: Reeve Property, Mattituck Change of Zoning Dear Supervisor and Town Board, RECEIVE® F F B 1 9 2019 Southold Town Clerk With respect to the proposed change of zoning from G and R-40 to Limited Business, we are in favor of NOT granting the application, for the following reasons: No other LB zoned properties in the area Structures allowed by LB zoning would create potential traffic issues and environmental issues. 3 proposed homes would be sandwiched between 2 heavy commercial uses. Thank you for your consideration of this letter. Respectfully Submitted, Charles GU'eli Charles Gueli, President Mattituck-Laurel Civic Association Mattituck-Laurel Civic Association PO Box 465 Mattituck, NY 11952 Jo -Ann Lechner 1415 Marlene Lane Mattituck, NY February 16, 2019 To: Supervisor Russell and Southold Town Board Re: Reeve Property, Mattituck- Change in Zoning. Dear Supervisor and Town Board: - Al FEB 1 9 2019 Southold Town Clerk I have been informed that the proprietor of the Reeves Property mentioned above requested a change in zoning from G and R-40 to Limited Business. I oppose the changes and ask that you not grant the application. Limited Business zoning would allow excessive building which would only provide additional traffic, as well as increased water and air pollution. Thank you for your consideration of this letter. Sincerely, Jo -Ann Lechner 0 Sign n Pace's * �� • tj "' 44 ALL 41 ook e -,�,� ..1� cam- � 3� a�a�w �M� ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to. William Stars, Karen Clark & Anthony Rutowski Jr. P.O. Box 501 Greenport, NY 11944 A. X 0 Agent ❑Addressee B. epi l �y.(P, to Name) C. Date of Delivery '�`! �l� i D. Is delivery address different from item 17 Yes ` If YES, enter delivery address below. ❑ No 33 U12�UQ4�i Av r- Qeq-s Ft 3` 1/l III 111111 Illi Ill I I I 11111 III II I I I II 111 l I II 11 III3. Service 13 Priority El Adult Signature 13Regis erMail ed MaiITM'ss® ❑ Adult Signature Restricted Delivery ❑ Registered Mad Restricted 9590 9403 0380 5163 6144 08�Certi ied Mall® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service tabeq 13 Collect on Delivery Restricted Delivery — ❑ Signature ConfirmationT ❑ Signature Confirmation __ _ 7 016 3 5 6 0 0 0 01 119 5 Mail 3 9 5 8 Restricted Delivery Restricted Delivery MMc�il -- - - - - Domestic Return Receipt i UNITED STATES-powi kv[CE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 ® Sender: Please print your name, address, and ZIP+4® in this box* WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD P.O. BOX 1424 MATTITUCK, NEW YORK 11952 r, n. i 9590° 94E 6 80, ,��1 11}4;'i` 'fliiiisj�I�lll ls�t��y1i ��1(� T -4f 1, S Fenn 8002 — Bargain aid Sale Deed. with Covctum ag—t Grantor's Acts — Individual or Cotporadon (Smgk Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. N.Y.S. REAL ESTATE TRANSFER TAX $1,148.00 THIS.INDENTURE, made the 9th day of March , in the year 2018 BETWEEN KAREN ANN CLARK, residing at 31 Sunset Lane, Greenport, New York 11944 and ANTHONY B. RUTKOWSKI, JR., residing at 1130 Ole Jule Lane, Mattituck, New York 11952, as tenants in common party of the firbt part, and ROBERT H. GAMMON, residing at 70 Woodside Lane, Laurel, New York 11948 party of the second part. WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that undivided one-half (1/2) interest in that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk, State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the southwesterly side of Wickham Avenue, said monument being 106.28 feet northwesterly as measured along the southwesterly side of Wickham Avenue -from the northwesterly end of a line which line connects the northwesterly side of Middle Road with the southwesterly side of Wickham Avenue; running thence from said point or place of beginning South 47' 361 10" West 230.00 feet; thence North 43° 41' 20" West 75.00 feet; thence North 470 381 00" East 236.00 feet to the southwesterly side of Wickham Avenue; thence along the southwesterly side of Wickham Avenue South 39° 07' 20" East 75.00 feet to the monument set at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated March 9 , 2018 and recorded in the Suffolk County Clerk's on March 16, 2018 in Liber 12954 Page 192. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises: TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same First to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF Karen Ann Clark r \ 0 Anthony B. Rutkowski, r. Page 2 of 3 Lt ISO (-3 FEB 1 2 2019 Southold Town Clerk 94114099's • Form6005•A —Executor's Deed —Individu or Corporabon(single sheet) NoiF'FS. REAL ESTATE'TRANSFER TAX REQUIRED d// � �� -THIS INDENTURE, made the 9th day of March, in the year 2018 BETWEEN KAREN ANN CLARK, residing at 31 Sunset Lane, Greenport, New York 11944 and ANTHONY B. RUTKOWSKI, JR.,. residing at 1130 Ole Jule Lane, Mattituck, New York 11952 as co-executors of the last will and testament of William Stars, late,of Suffolk County, ,New York, who died on July 4, 2017 (Surrogate's Court File #2017-2665), party of the first part, and ROBERT H. GAMMON, residing at 70 Woodside Lane, Laurel, New York 11948 party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court of the State of New York for the County of Suffolk on September 5, 2017, and by virtue of the power and authority given in and by said last will and testament, and in consideration of'�plP�, 9aeu''a Y distribution pursuant to paragraph SECOND of the Last Will and Testament of William Stars, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that undivided ONE-HALF (112) INTEREST in that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Matti -tuck, in the Town of Southold, County of Suffolk,- State of New York, being more particularly bounded and described as follows: BEGINNING at,a monument on the southwesterly side of -Wickham Avenue, said monument being 106.28 feet northwesterly as measured along the southwesterly side of Wickham Avenue from the northwesterly end of a line which line connects the northwesterly side of Middle Road with the southwesterly side of'Wickham Avenue; running thence from said point of beginning South 47* 36' 10" West 230.00 feet; thence North 430 41' 20"West 75.00 feet; thence North 47° 38' 00" East 236.00 feet to the southwesterly side of Wickham Avenue; thence along the southwesterly side of Wickham Avenue South 39° 07' 20" East 75.00 feet to the monument set at the point or place of BEGINNING. BEING AND INTENDED TO'BE the same premises conveyed -by deed dated December 20, 2005 and recorded in the Suffolk County Clerk's office on December 23, 2005 in Liber. 12427 Page 197. Page 2 of 4 t 34S CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 16 day of July, 2016 BETWEEN Anthony Waggoner and Stephanie Waggoner residing at 1695 Wickham Ave, Mattituck, NY 11952 party of the first part, and Nancy M. Felgrift and Matthew A Kocian, husband and wife, residing at 3 Lincoln Ave, Old Greenwich CT 06870 party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN dollars ($10.00) and other consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, fylrig and being at Town of Southold, County of Suffolk and state of New York, more particularly bounded and described in the annexed Schedule A. Being and intended to be the same premises conveyed to Anthony and Stephanie Waggoner by deed made by Stephanie Gullatt nka Stephanie Waggoner recorded April 19, 2002 in Liber 12181 page 378. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party, of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right,to receive such consideration e as a trust fund to bapplied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the Improvement before using any part of the total of the same for any other purpose. The word 'party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF. 4 s: An ho agg Ste hanie Waggoner Standard N.Y_B T.U. Form 8002 • Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment 2�q !9Vh stdmwWAvamm Suite 411 VAMPWM.NY taloa n.,t.. BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND �t raPURCHASERB O ESIGNWQ THIS INDENTURE, madchhe +j- day of t , 2013 between RITA MARTIN residing`at 3406 SE Glacier Terrace, Hobe Sound, FL 33455-8910 party of the first part, and ^+y 5275 COIINTY ROAD LLC �} A�A�I��'Yl� /b'0>ETRK�C%�>Ei��dd 6d3�d112CiDC/601,f1f11;YGi7Y,8( try � residingaf S0-75 WulJ7`4 R.oAD 42, MArTjTuc#e, Ny party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the party•of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second 'part forever, ALL that certain plot, piece or, parcel of land, with the buildings and improvements thereon erected, situate, -lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York._ SEE SCHEDULE `A' ATTACHED HERETO AND MADE A PART HEREOF Being and intended to be, the same premises conveyed to the party of the first part by deed dated 8/12/99 and recorded on 9/23/99 in,Liber 11990 Page 734. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVEAND TO HOLD the premises herein granted unto the party of the second part, theheirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first,to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. R1TA MART NYSBA Residential Real Fstatc Forma on Malone (9100) Copynght Capsoao Development . Ma>td�e,� l • w NEW YORK METRO ewart 80045340 °o Y * 212-922-1593 fax title insurance cornpany stewat ewyork.wm' SCIIEDULE A -- DESCRIPTION I Z Zlp�b Title No.; ST13-17048 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck in the Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: . i BEGINNING at a point on the southwesterly side of Maiden Lane with the northwesterly side of Middle Road (CR 27 as widened); RUNNING THENCE from said point of beginning along the northwesterly side of Middle Road South 44 degrees 46 seconds Blest 114.53 feet to a point; THENCE along land now or formerly of Pierce (formerly Brown) North 47 degrees 35 minutes 20 seconds West 62.56 feet to a point; THENCE along land now or formerly of Carrig & McDonald (formerly Long) North 44 degrees 44 minutes 50 second East 114.71 feet to a point on the southwesterly side of Maiden bane; THENCCE along the southwesterly side of Maiden Land South 47 degrees 25 minutes 10 seconds East 62.40 feet to the point or place of BEGINWING. TAX MAP )ESIGNATION District: 1000 Section: 140.00 Block: 01.00 Lot(s): 007.000 H CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY ,In THIS INDENTURE, made the %Z day of JO.nvs%rr Two Thousand and 9ibtW $ -xi'e eil BETWEEN DENNIS KORD, residing at 295 Maiden Lane, Mattituck, NY 11952 party of the first part, and LAUREN POLEN and BENJAMIN POLEN, residing at 42 Main Street A5a, Brooklyn, NY 11201 party of the second part, WITNESSETH, that the party of the first part, in consideration of ($10.) Ten dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a t concrete monument on the Westerly side of Maiden Lane (a private road)160 feet North of the Northerly line of lands now or formerly of the Estate of A.K. Brown; RUNNING THENCE Westerly parallel with the Northerly line of lands now or formerly of the Estate of A.K. Brown, about 87 feet 9 inches to a concrete monument which is about'87.40 feet (87 feet 9 Inbhes deed) Easterly from the lands'now or formerly of T. L. Hamilton; RUNNING THENCE Northerly parallel with the Westerly line of Maiden Lane about 192 feet to the high water mark of Mattituck Creek; Easterly along the high water mark of Mattituck, Creek to the Westerly line of Maiden Lane; THENCE Southerly along the,Westerly line of Maiden Lane (257 feet survey) to the point or place of BEGINNING. SUBJECT, however, to an easement 10 feet in width along the Southeasterly line of said premises. "Being the same premises described in the deed to the parties of the first part herein by deed dated 12/20/2006 and recorded 01/0812007 In the County of Suffolk in Liber 12486 page 289. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in,and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the Improvement before using any part of the total of the, same for any, other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: DENNIS KORD Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantors Acts — Uniform Acknowledgment Form 3290 UO j� IQ*k- r1 - A �- - - �Q�ji �v�ct 6Norl� �ooGtS 2Z—�J-'tio o� D a a J 1B � 4 m % /� 15 -B r 0 B V PARKING 5OHEOULE 1 PARKWG SPACE PER 200 SO FC REQUIRED W BUMN 4060 sgtL = 20 SPACES W BUILDING 1370 aqi 7 SPACES REQUIRED, 27 TOTAL PROPOSED 27 TOTAL A � 9rerneN,rnv6 s° A lI CASiCND I17S 9P0Rf1N 7000M5 iwrwcrans �� s� 2 1 �Q�ji �v�ct 6Norl� �ooGtS 2Z—�J-'tio c"P7 A ocjs MEMORANDUM TO FILE In the matter of the change of zone request for Stephen King for a change of zone from Residential Low Density (R-40) to General Business (B . SZ7 # 1000-P/O 1000-122-3-6 The Planning Board is in favor of this zone change for the following reasons: 1. The rear section of this General Business (B) parcel is zoned R -40, one acre residential. The residential rear lot is .69 of and acre, thus it is non -conforming as to area. The use of this parcel for a conforming use ie, a residence is precluded by its non -conformity. 2. The business zoned front parcel contains buildings that require adequate off-street parking. This current parking is in front of the buildings and close to the Main Road. This has resulted in a dangerous situation of cars backing onto the Main Road. In order to correct this condition the applicant has requested the zone change to use the rear portion of the property for adequate off-street parking. 3. The front parcel containing the two buildings is non -conforming as to area to support two business uses. By rezoning the rear residential parcel to business the property will be conforming for two uses. 4. Because of the lack of adequate of street parking on the business parcel and the inability to conduct two businesses, the property has been vacant, allowing the buildings and the property to fall into disrepair. The zone change will result in the new owner refurbishing the buildings and restoring the property to acceptable standards. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman pf SOUj,�, http://southoldtown.northfork.net j Mailing Address: Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RE FIVE Tel. (631) 765-1809 - Fax (631) 765-9064 -- 0 3 1 X008 FINDINGS, DELIBERATIONS AND DETERMINAT��7� MEETING DATE: OCTOBER 30, 2008 Southold Town C[erl ZBA # 6013 — End of the Road LLC by Daniel C. Mooney, Esq. Location of Property: 11500/11600/11700 Main Road (NYS Route 25) and John's Road (private), Mattituck CTM 122-3-17.1 (formerly 1.2, 2, 5.1 and 17) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. In addition, the Planning Board as Lead Agency has issued a Negative Declaration (also insert PB Negative Declaration SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 19, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 84,142 sq. ft. parcel comprises four county tax map numbers with 164.79 ft. along Route 25 (Main Road) and 218.16 ft. along RO- W known as John's Road is improved with various existing structures as shown on survey prepared by Nathan Taft Corwin III, Land Surveyor dated 7/12/06 last updated 8/27/07. The premises are located in Business and R-40 Residential Zone Districts. BASIS OF APPLICATION: Request for Variances under Sections 280-49 and 280 -78B -I, based on the Building Inspector's November 19, 2007 amended Notice of Disapproval concerning proposed construction of two buildings (with retail, office and bank space in this B -General Business Zone District. The reasons for disapproving the building permit application are: (1) one of the two buildings will be less than 25 feet from the side property line, after demolition of existing buildings, and (2) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280 -78 -B -I. The existing buildings are proposed to be demolished. LWRP: TOWN CODE CHAPTER 95: This application is exempt under Town Code Chapter 268 (95). Page 2 — October 30, 2008 { ZBA # 6013 — End of the Road, LLC ' CTM No. 122-3-1.2, 2, 6.1 and 17 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 20, 2007, and a public hearing on the applicant's amended application on June 26, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicant is requesting relief under Code Sections 28049, 280-50 (A and C), and 280 -78B -I, based on the Building Inspector's amended May 2, 2008 Notice of Disapproval concerning proposed construction of two buildings, with retail, office and bank space in the B -General Business Zone District. The reasons for disapproving the building permit application are: (1) a building is proposed with a single side yard of less than 25 feet and set back at less than 75 feet from the,right-of-way; (2) a building is proposed at less than 75 feet from the right-of-way and will be greater than the code limitation of 60 linear feet in width; (3) the accessory parking area is located in an R-40 Residential Zone District, which the code states is permitted upon approval of the Board of Appeals under Section 280 -78 -B -I. The new construction is proposed after demolishing the existing buildings. ADDITIONAL INFORMATION: The proposed construction on this 84,142 sq., ft. parcel is in a B Business Zone District, and a portion of the proposed parking falls within the R-40 Residential Zone. The project consists of a proposed bank Building of 3,241 sq. ft., and an Office Building of 13,227 sq. ft. - The proposed two-story Office Building will have a single side yard of 17.4'. The office building, as proposed, will be setback 52.5' and the Bank Building will be setback 73' from the RO- W. The Bank Building as proposed will have 85' linear feet in width. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 5267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The setbacks requested are greater than the setbacks of nearby buildings. The parcel to the west has a 12 ft. and a 33 ft. setback to the front right-of-way line. None of the present buildings on either side of the Main Road in close vicinity meets the code -required right-of-way or front yard setbacks. One of applicant's buildings has a zero side setback, and the plan as amended provides for a 17.4 minimum side yard setback. The new building plan is based on numerous.changes made during the site plan process with both the Planning Board and Zoning Board of appeals for more conformity with the codes, and improvements resulting from demolition of four highly substandard, non -conforming buildings which also lack Town approval, for parking and site plan and lack of curb cuts for safe egress. and ingress along the Main Road (NYS Route 25) in the Hamlet of Mattituck. The mixed uses that exist currently with the nonconforming buildings will be eliminated. The new parking will be an expansion to increase the Page 3 — October 30, 2008 ZBA # 6013 — End of the Road, LLC CTM No. 122.3-1.2, 2, 5.1 and 17 number of spaces, while providing for substantial screening and landscape buffer adjacent to the boundary lines of the property, and preserving large trees. The existing buildings are approximately 16,638 square feet, based on the Assessor's gross square footage of assessment, and the total proposed square footage for the new construction will be +/- 16,468 square feet. The removal of the existing building on the site and the replacement with two new buildings under current building codes, will not cause a detriment to the immediate neighborhood. The difference of the two are so insignificant and will not create an undesirable change to the town or nearby properties. One building will be 55 feet wide which meet the code maximum limitation of 60 feet for linear footage, except that roof over the drive through brings the total linear feet to 80 feet. The roof over drive through was moved to the easterly side to lessen the impact of the lighting on John's road residences and because it is safer to have the ATM visible from the Main Road, as close to the front of the building and as far away from the residential area as is possible. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The restrictions on the property with its mixed zoning use districts do not provide for any other alternative for parking in a R-40 Zoning when it is related to the adjacent Business Zone, and that the applicant is offering as more conforming and expanded than the parking that exists. The buildings that exist are nonconforming and in disrepair. The establishment of approved access with new curb cuts at NYS Route 25, a high traffic area with a perpendicular road, is needed. The proposed construction is low -impact in its intensity, for one bank building and one office building. 3. Town Law §267-b(3 )(b)(3). The variances requested herein are not substantial. The proposed setback requested is greater than the setback of nearby buildings. Also, the application is based on code nonconformities that have existed for many years with four buildings occupied at the site. The new site plan provides for location of two new buildings, and is the maximum that the Board would entertain. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created. The applicant proposes to reduce ,the-nonconformities with a new site plan and to demolish and remove many setback, parking, and other zoning code nonconformities that have existed for many years. 5. Town Law §267 (3)(b)(4). No evidence has been submitted to suggest that a variance in this,mixed business and residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The application as proposed will be able to provide more safety in respect to parking, access, visual improvements, noise reduction as compared to the permitted business uses conducted at the property. In addition, the drainage system will insure that there is no runoff onto any parcel or onto John's Road (a private road). 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing new buildings on this property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4 — October 30, 2008 ZBA # 6013 — End of the Road, LLC CTM No. 122-3-1.2, 2, 5.1 and 17 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Weisman,,and duly carried, to GRANT as shown on site plan prepared by James V. DeLucca, R.A. last dated April 9, 2008; Sketch Site Plan dated 6/23/0'8, and Elevation Plan Sheets 1 and 2, dated 4/4/08, subject to the following conditions: 1. Land bank parking on the east side of the rear parking lot buffered adjacent to the residence, and place blue stone the remaining residential portion of the parking lot (except for handicap parking). 2., Lighting to be shielded to the ground in the parking lot. The above conditions shall be written into the building inspector's certificate of occupancy. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Oliva, Dini ' , imon, d,WVeisman. is Re lug" n was duly adopted (5-0). • ' �� � Grp • RARD P. GOEHRINGER, AIRMAN 0/30/08 Approved for filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall '53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED /Z., iv FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town clerk MEETING OF NOVEMBER 4, 2004 ZBA Ref. 5598 and 5599 — Mullen Motors (Mullen Realty) Property oca ion: Main IRoad, Cottage Place, and Locust Avenue, Southold CTM Ref. 1000-62-3-19, 20, 22.1, 24.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's parcels consist of a total area of 90,102 square feet with 302.60 ft. frontage along the east side of Cottage Place, 298.92 feet along the south side of Main Road (State Route 25), and 285.39 feet along the west side of Locust Avenue, in Southold. The property is located in the General Business (B) Zone District. The northwesterly parcel (CTM 19 and 20) is improved with a dealership for sales of new and used cars and trucks, and service -repair center, with related accessory uses and parking areas. The easterly parcel (CTM 22.1) is improved with four (4) buildings occupied by various businesses. The southeasterly parcel (CTM 24.1) is used for parking related to the adjacent business properties. BASIS OF APPLICATION: Building Department's March 25, 2004 Notice of Disapproval, amended August 12, 2004, citing Sections 100-102 (Bulk Schedule), 100-103C and 100-243 in its denial of a request for a lot line change and to build additions with alterations to the existing car dealership and service center. The reasons stated in the Notice of Disapproval are that, with the proposed lot line change, the applicant's plan does not meet the code requirements for: (a) minimum single side yard at 25 feet, (b) maximum lot coverage of 30 percent, (c) minimum lot size of 30,000 sq. ft., (d) building will have more than 60 linear feet on one street, and (e) the uses are nonconforming, since the property was not issued a special exception, and the overall footprint is being increased by more than 15 percent. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 2004 at which time'written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: SPECIAL EXCEPTION • t ' Page 2 — November 4, 2004 ' File No. 5598 and 5599 — Mullen Moiors CTM Id: 62-3-19, 29, 22.1, 24.1 SPECIAL- EXCEPTION REQUEST/CODE PROVISION: A Special Exception under 100-101B(12) for a car and truck dealership .(sale of new and use motor vehicles) and -public garage (service center and repair of motor vehicles). All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations for the General Business (B) Zone District. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter •100 governing dealerships and repair/service center uses by Special Exception, review, and on the basis of testimony presented and personal inspection, the Board finds: 1. Car and ttuck dealerships and repair/service center uses are permitted in this General Business Zone District under Section 100-101B(12) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. Since prior to 1960 a car dealership and service center has existed at the property, and the Town has issued numerous determinations relative to the use on portions of this property for these uses. The applicant is requesting a Special Exception for conforming uses, rather than the uses determined by the Building Department as nonconforming uses. The uses are in harmony with the zoning ordinance and the uses will remain exactly the same as it was prior to this application, in that the building areas will be modernized and lot line change will provide for improvements in ingress and egress without having vehicles back out on the public street, and servicing of vehicles inside the proposed new construction area. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A) The use is a continuation of the current uses at the property. The existing building will be modernized and allow for reasonable expansion, providing fof a safer environment for its customers and employees. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. The use is not a change of the existing use. The renovation and addition will meet or exceed all of the current federal, state, county work-related safety and health requirements. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected -by the new construction, renovations to the existing building, and lot line change, as proposed and its location. D) The .use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood Page 3 — November 4, 2004 File No. 5598 and 5599 — Mullen Motors CTM Id: 62-3-19, 29, 22.1, 24.1 and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A car dealership and service center has existed at this property for over 45 years, and the General Business Zone provides for such use, allowed by Special Exception approval from the Board of Appeals and site plan approval from the Planning, Board. C. The location of the proposed addition and renovations to the existing building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Outside storage is not proposed or authorized. R. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The continued operations as car dealership and service/repair center will not cause undue interference with the orderly enjoyment -by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. Off-street- parking of vehicles incidental to the use _and whether- such space is reasonably adequate and appropriate, is subject to review and approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be, any undue concentration or assemblage of persons upon such plot in the operations as a landscaping business. Page 4 — November 4, 2004 File No. 5598 and 5599 — Mullen Motors CTM Id: 62-3-19, 29, 22.1, 24.1 J. The continued use and the building Iccation will not cause an overcrowding of land or undue concentration of population. K. The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not. unreasonably near a school, theater, recreational area or other place of public assembly. M. The site is suitable for the new construction under the continued car and truck sales and service/repair center uses and related accessory uses considering its size and the character of the neighborhood. N. Concerns with respect to -outside storage of debris has been addressed as a condition of this Special Exception. No other evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made .for the collection and disposal of storm -water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. VARIANCE REQUESTS: AREA VARIANCES REQUESTED: The proposed lot line change will (a) increase the setback, after the proposed addition, on the existing single side yard, from 2 feet to 4+- feet; (b) Lot No. 2 will' become more nonconforming from 26,806 sq. ft. to 21,355 sq. ft. It is noted that the lot coverage will comply with the code's 30 percent limit for Lot 2, and Lot 1 will be conforming with 44,152 square feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The variances requested are for a long- established business located in the hamlet center of Southold. The applicants seek to make renovations, to enlarge the existing building to modernize the existing car dealership, to provide more efficient service for its customers, and to bring the facilities up to current day standards and regulations. Page 5 — November 4, 2004 ; File No. 5598 and 5599 — Mullen Motors CTM Id: 62-3-19,29,22.1,24.1 2. The proposed lot line change will create a conforming lot of 44,152 sq. ft. on lot No. 1 and will also decrease the existing lot coverage from 49.5 percent to 32.2 percent, 2.2 percent over the code's allowable 30 percent maximum. Although the lot size of Lot No. 2 will become more nonconforming from 26,806 sq. ft. to 21,355 sq. ft., there will be no change in the existing buildings and the lot coverage will comply with the 30 percent limit. The project and new site design will also improve traffic flow and. congestion on Cottage Place by eliminating the multiple entrances and exits now required for servicing. The new design will allow all work to be conducted on site without the need to enter and exit Cottage Place for the various phases of service performed on vehicles. 3. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the limited size of the lot areas, and the existing nonconforming configuration of the buildings, no expansion or renovation would be possible without variances. 4. The setback variances granted herein are substantial in relation to the code but represent no change in the preexisting nonconforming setback. The area variances granted for lot size are not significant and result in one conforming lot (No 1) and nonconforming lot (No. 2) where two nonconforming lots existed. 5. The alleged difficulty has been self-created. 6. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighbor- hood. 7. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a modernized, improved car dealership, while preserving and. protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Tortora, seconded by Member Dinizio, and duly carried, to GRANT the Special Exception and Variances,. as applied for, as shown on the plan dated Page 6 — November 4, 2004 File No. 5598 and 5599 — Mullen Motors CTM Id: 62-3-19, 29, 22.1, 24.1 June 9, 2004, amended July 20, 2004 by Peconic Surveyors, P.C., and 12-8-02 diagrams prepared by William T. Medlow, Architect. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliv hairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0) Ruth D. Oliva, Chairwoman 12/6104 Approved for Filing LOT CO.ERAG= IE,,Sr6VG/ cora Lor—EA s—z m I SURVEYFOR LOTLINECHA JGE MULLEN MOTORS, INC AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SCALE. Y-= 20' Ane 9 .n+r 30,, zoo< reaand,n 2 JI� d � - - - s- �:i 7i..•;. •. -L'ti�e 11,E - .- LOT CO.ERAG= IE,,Sr6VG/ cora Lor—EA s—z m I SURVEYFOR LOTLINECHA JGE MULLEN MOTORS, INC AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SCALE. Y-= 20' Ane 9 .n+r 30,, zoo< reaand,n - - � ©-♦acvosm Aearav NIOIP N AKSTErI jo_ za— asrRcr s ' ONICRS 1000 • G2 - 03 - 19 L z0 KL EN REALTY LP PO 001( 1409 SOU71NL0. 1GY 2/971 REA - 33,701 sv 11 owR5 1000 -62 - 03 - 2z I A 241 R— ENTERPRISES PM 00X 619 SWTNOLO, ICY. 11971 MEA 39.401 r9/1 PARCEL 1 1000-62.03.19,2° NO z2J AREA• «,132 nL PARCEL 1t 1000-62-03. P/O 22J AREA- 21,353 W, PARCEL 111 IOOO-G2 -M9J AREA- 29,595 r111 TOTAL AREA = 90,102 sq It J • �r � It \ \ za*a A n y5.9• c 11 l •\ / o - M `•6 xr- a PARoG C- III t!5 t� t P r sPAC gs 9 ets z-62KpIG �Aa3°•f0 �� w, �" X116 •- � 8 \� /• 1 g9 p� 11���-.11�� d/ i � p' . »•a 5°' � Nps OAV 00001.ars ac N6 .9a N7'Lu \ rKsv170-5m'"�o vucProvl zc5•Ir-+ Y'�/ I'1 I�'C�41� 61�• -77 - - - - s- �:i 7i..•;. •. -L'ti�e 11,E - .- ` RIO 25 •✓ - MAIN ROAD '-y s (ri - "" _ d���xe5.3r00•C ----- -- N aSVSbO' C � 120.22' sag: -1"^ _ _ I 1 • � ; r � �z c ,/ J ,q n. ag• •oao°'I e N \\y z 1000-62--03-11• r• 6 - - L' I+r ^D`rrr gY -\ RCEL 1 MULLEN REALTY L� y.s . • ]^d:( $ LP ni\:.10`225 •6 tr GN - RS EISING)CA3 9. X00 62-03-2 y� I-ARC,, �u<r Er.•N10v.L zPo• �r�•� zeI u •-= A'WAf P1NGm 10006,!0I ER03 \ y4� - 01,E 0R7,tL2S2f514a a .25 - - � ©-♦acvosm Aearav NIOIP N AKSTErI jo_ za— asrRcr s ' ONICRS 1000 • G2 - 03 - 19 L z0 KL EN REALTY LP PO 001( 1409 SOU71NL0. 1GY 2/971 REA - 33,701 sv 11 owR5 1000 -62 - 03 - 2z I A 241 R— ENTERPRISES PM 00X 619 SWTNOLO, ICY. 11971 MEA 39.401 r9/1 PARCEL 1 1000-62.03.19,2° NO z2J AREA• «,132 nL PARCEL 1t 1000-62-03. P/O 22J AREA- 21,353 W, PARCEL 111 IOOO-G2 -M9J AREA- 29,595 r111 TOTAL AREA = 90,102 sq It J • �r � It \ \ za*a A n y5.9• c 11 l •\ / o - M `•6 xr- a PARoG C- III t!5 t� t P r sPAC gs 9 ets z-62KpIG �Aa3°•f0 �� w, �" X116 •- � 8 \� /• 1 g9 p� 11���-.11�� d/ i � p' . »•a 5°' � Nps OAV 00001.ars ac N6 .9a N7'Lu \ rKsv170-5m'"�o vucProvl zc5•Ir-+ Y'�/ I'1 I�'C�41� 61�• 0 1 C t aD; - S it, r- � o.n.. 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R .__� \ Y ,�V� MtA© erOv.+GE + ; SC[E DATA: IES J40LE DATA \ —� $' � � ✓���'/ ��� �'\ \ o".��� �°.ucx��o..°� \IIS -I 16 ell e - I .�. + 8 I t, � � � �i '� ' / ..r•`aei.ao rr-�oa'.w� F a I -. _°'"° °,• yi\ ✓ 1yi��-�9` tea,—^ - I E a IIIyC] J, \ / �"•®\� ✓'� sr'-' ;,�' / STORM.DRAINAGE-CALCLLAIlON: II`J � �� Jill\ •�' �'��/�npuri• � cov.�ucxr•>w w."w �� �� I I� � \% \ � � � wtu¢ rcoem•. emn ,u4m rota OF NE'N LO f OCCUPANCY: ca�OS�% .✓� �j /' ^/ �% ,+' s��A� \`\`w _ \a . -r-aFw ` � I n,ea,• ea. n' "1 n.' rn C•I za' .LLGLVs lop,. MKae EFT a =Q irc -L--C`—P alT IIN Owccc �. ✓ rZ u j fl O BUILDINGSIR0.66 REA: a._ __�. r�oxn •� O c� �' `� /'�� � o.xa,.e�....a -.— _= ___ � � ram.,a�_�"�m°°�,°.,��a.,rtb� � Li SITE PL —.-- C/ / /\\, PARTIAL PLAN ' /�....oa / y �' ."�..� .. . e a. .ad...+ , w.ou A-0.0-O.O AN i'iYNNM-SMeMI4e'NMIL°Vl4rPRwa e¢mee31is6 OnZUEriEt1LYM.NVIM1Hr1Euo°CCIuoMllWaxo uFniY2�6�CfAWAavm..IAW+LTW.+++oE01 m12ATC[IIM°9wlf(xw Tfuo.tFcr.GWt4+Cr+nlvlMx°wLmemurt M1°wr/,Z 6„C'{TSMI4h - I.t: HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. September 27, 1983 Mr. James Reeves Harold R. Reeve & Sons, Inc. Main Road P.O. Box 1441 Mattituck, New York 11952 Re: Site Plan Dear Mr. Reeves: Please let this confirm our presubmission conference and action of our Board last evening. TELEPHONE 765-1938 It was RESOLVED that the Southold Town Planning Board approve the site plan "Harold R. Reeve & Sons, Inc." at Mattituck subject to certification from the Building Depart- ment and a one year review. It was noted in our minutes the entire depth__p the property is in "B" zone and the westerly property is under e same ownership. We have designated on one of the plans the areas you propose to pave and buffer with plantings which should assist the building inspector with certification. Also noted is that you propose to fence the areas that abut residential properties. Please forward the application fee in the amount of $25, payable to Southold Town Clerk, at your earliest conven- ience. Thank you. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Building Department (with attachments) f � Tv "Im Mattituck 2 Middle;Road, E/O Lipco Rd., W/O Wickham Ave. Mattituck -+;/Z'q Existing Conditions: ` ------ / Mixed uses and zonings. Many non -conforming uses (residential on, commercial & industrial). Opportunities for waterfront development. Little or no link to waterfront. Recommendations: e Rezone existing residential from LI to RO or other residential district. Encourage MI or MII along waterfront. Ad{ditinnal r,---i,-.w fn* PRtira area. t MATTITUCK GREEK / s, 'C1 \\ TIE IN (D501 -1-7'00"A 44.34' (2 543°12'2071 IgO.42' LOCATION MAP Scale: I" = 600' L15T OF OWNERS 114,-2-1-:2 13-q.-3-44 140.-1-13 140 -2 -lb Town of Southold Rhodes Ruth Revolvable Gorman Love Lane Mary Ann Price Main Road Trust Inc 42 5 Forest Ave Southold, NY 110171 106 Mossachusets Rd 25235 Route 25 Rockville Centre, NY New Bern, NC 28562 PO Box 4188 11570 114.-3-I Cutchogue, NY IIg35 Monica B Mike 1341.-3-45 140.-2-22 Limited Company Ruth M Myers 140.-1-15.2 Pauline Gildersleeve PO Box 1287 1500 hickhom Ave Peter E Orlowski PO Box 514 Cutchogve, NY 110135 Mattituck, NY 111152-1612 Deborah L Orlowski Mattituck, NY I1g52 131.-3-q 13-1-5-46 Love Ln 140.-2-23 Richard B Tandy Ruth M Myers PO Box 885 Michael Z Herbert PO Box 788 1500 Nlckham Ave Mattltuck, NY 11152 7415 Pike 5t Mattituck, NY 11152 Mattituck, NY IM52-1612 Mattituck, NY 11152 140.-1-101.1 131.-3-24 1341.-3-47 Mattituck Park 140.-2-24 Estelle O'Connell Valerie A DeFio District Frances Margaret 200 Ba er Rd Bruce N PaFlo Keogh Mattituck, NY 114152 1450 Nickhom Ave 140.-1-20 875 Pike 5t Mattituck, NY IIg52 Michael Perlvolaris PO Box 646 1341.-3-25 Kathy Perivolaris Mattituck, NY I! q52 Carroll J Harvey 131.-3-48 PO Box 800 PO Box 351 Fannie Blelewicz Mattituck, NY 11-152 140.-2-2q.1 Mattituck, NY IIg52 Attn: Edward Thompson Michael M Milner 450 Theresa Dr 140.-1-21 Tese-Mllner Angela 15q -5-2q Mattituck, NY 11-152 Thomas R Mercier I Mlnetto Ln Candice Vadala Barbara Mercier Naw York, NY 10012 60 E 8th 51; 13q. -3-4q PO Box 1423 New York, NY 10003 RIPfat Minhas Mattituck, NY IIg52 140.-2-30 Absor AMlnhas John Dlvella 5g50 New Suffolk Ave 140.-1-23.1 Frances Dlvello 1341.-3-31.1 PO Box 2417 LI Sound Oyster LLC, Westphalia Rd Regina A Orlowskl Mattituck, NY 114152 781 Mill Rd PO Box 1402 375 Farmers Rd Riverhead, NY IIg01 Mattituck, NY IIg52 PO Box 472 134.-3-50 Mattituck, NY IIg52 Peter Gourlldes 140.-2-6 140.-2-31.1 Andrea Gourlldas Jeffery Strong MTA LIRR 1341.-3-32.1 5 Elderwood Ln I0g5 lestvlew Dr John J Lenahan Melville, NY 11747 Mattituck, NY II152 140.-2-31.2 Diane R Fabb MTA LIRR 62873 llndrlft Rd 140.-1-1 140•-2-7 Joseph, OR 417846 Stephanie Waggoner Thomas Mllesko 141.-3-26 Anthony Waggoner Wickham Ave Joseph D Domanskl 13q.-3-33.1 16615 Wickham Ave PO Box 203 Janet L Domanskl Jenny T 51klrel Mattituck, NY IIg52 Mattituck, NY 110152 865 Love Ln PO Box 531 PO Box 1654 Mattituck, NY IIg52 140.-1-2 140.-2-8 Mattltuck, NY IIg52 Leroy J Heyllger Thomas J McCarthy 1341.-5-54 Loulse Heyllger Susan M McCarthy 141-3-27 County of Suffolk Wickham Ave PO Box 1266 Margaret A Ashton Mattituck, NY Ig52 Southold, NY 114171 7q5 Love Ln PO Box 457 140.-1-3 140.-2-q Mattitvck, NY II952 13q.-3-55 WIIIiam5tors Thomas J McCarthy Richard E Drake Karen A Clark Susan M McCarthy 141.-3-28.1 Marie A Drake PO Box 4142 PO Box 1266 Andrew T Fohrkolb PO Box 525 Mattituck, NY 110152! Southold, NY 11171 Sharon TuthliI Mattituck, NY 11452 PO Box 645 140-1-4 140.-2-10 Mattituck, NY IIg52 13q.-3-36 Raymond Smllovich Steven Raconelll Ronald A Shapiro IOg5 Wlckham Ave 175 Oxford Blvd Cornelia M Shapiro Mattltuck, NY IIg52! Garden City, NY 11530 PO Box 1576 Mattituck, NY IIg52 140.-1-5 140. -2 -II Albert Dlnlzio Truvt Philip J Centonze 131.-3-37 44 Sunset Ln Marilyn Centonze Karen M Becker Greenport, NY IIg44 PO Box 46 265 Freeman Rd Mattituck, NY IIg52 Mattituck, NY 114152 140.-1-6 Harold R Reeve It Sons Inc 140.-2-12 34.-3-38 CR 48 Joan M Romanowskl Thomas E Fox PO Box 1441 Richard 5tattler Helen K Fox Mattltuck, NY 111152 5600 CR 48 Freeman Rd Mattltuck, NY IIg52 PO Box 1043 140.-I-7 Mattltuck, NY 11152 Dennis Kord 140.-2-13 PO Box 1657 Scott Badeer 1341.-3-3q Mattltuck, NY I1g52! Nancy H 5odeer James C McMahon 20 Redwood Dr Audrey J McMahon 140.-1-8 Plalnvlem NY 11803 PO Box 340 Joyamaho Family Llimited Mattituck, NY IIg52 Partnership 140.-2-14 243 Malden Ln Carolyn 5enotore 131.-3-40 Mattituck, NY IIg52 '7514 4th Ave N Jerome E Zuhoski Bradenton, FL 342001 Deborah Zuhoskl 440 Freeman Rd Gary W Swanson 140.-2-I5 Mattituck, NY 110152 Linda H Swanson Gary Doroski 20512 Pointe Regatta Dr 425 Morse II Ln 13g.-3-41 Cornelius, NO 28031 PO Box 781 Zozeskl Living Trust Gvtchogve, NY 114135 145 Conklin Rd 140.-1-10 PO Box 251 Mark McDonald 140.-2-16 Mattltuck, NY IIg52 PO Box 1258 JKK Enterprises LLC Southold, NY IIg71 1341.-3-42 640 Love Ln Timothy L Newalis 140-1-11 PO Box 1620 Mary Anne Newalis Rita Martin Mattitvck, NY IIg52 320 Freeman Ave 3406 5E Glacler 'Ter PO Box I15q Hobe Sound, FL 351455 140.-2-17 Mattltuck, NY 110152 Christopher Young 140.-1-12 42 Cherry St 13q.-3-45 5175 County Road LLC Galverton, NY IIg33 Karen C McShane PO Box 6 5 240 Freeman Ave Mattituck, NY 114152 Mattltuck, NY IIg52 El = MONUMENT SET ■ = MONUMENT FOUND Q = STAKE SET 0 = STAKE FOUND (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES. (3) COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. (4) CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5) THE LOCATION OF WELLS (W). SEPTC TANKS (ST) & CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 7p0 0 739 3 24 ,Oo o °° z 00 v' \ / O 1-1110 �\ c 1 \ \ 000 \ \1000 114 2 1.2 `G► \� O00 � -0'0\ 001 9 o O \ A 10° \10 00 oo �'�i O� ��� ���• � / / 100 � \ �`f.•' ��0 �2,y�� sem' p� R9o� �. ��� 0 �� 1000 139 3 49 100° ° / 1411 O S 1000 114 2 1.2 13 7, 7O JJ \1 ,000 \ / 000 79O \ / \ ` Q � 0 />0, \ �Q PROPOSED LIMITED BUSINESS 0 O \ (LB) ZONING USE DISTRICT \ A � O 00 Ostrander Avenue, Riverhead, New York 110101 tel. 631.727.2303 fax. 631.727.0144 admin@youngengineering.com mq ldO Howard A. Young, Land Surveyor Thomas C. AOlpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert C. Test, Architect 51 TE DATA m»g-aF-nom , AREA = 5.1443 ACRES OR 224,086 SF EXISTING ZONIiN6 = RESIDENTIAL LOW DENSITY (I ACRE) (R-40) GENERAL BUSINESS (B) PROPOSED ZONING = LIMITED BUSINESS (LB) AREA OF PROPOSED (LB) ZONE = 80,400 SF NOTES I. ZONING BOUNDARY LINES SHORN HEREON TAKEN FROM TOWN OF SOUTHOLD NEW ZONING MAP, SECTION I OF 4, ADOPTED BY THE SOUTHOLD TOY^NN BOARD ON NOV. 30, 2004. ZONING D15TRICT5 B = GENERAL BUSINESS HB = HAMLET BUSINESS LB = LIMITED BUSINESS LI = LIGHT INDUSTRIAL Mil = MARINE II RO = RESIDENTIAL OFFICE R-40 = RESIDENTIAL LOA DENSITY (I ACRE) OWNER HAROLD R. REEVE AND SONS INC. PO BOX 1441 MATTITUCK, NEW YORK 110152 SURVEYOR'S CERTIFICATION unng--el-qmn. * I HEREBY CERTIFY THAT THIS MAP AAS PREPARED UTILIZING BOUNDARY AND TOPOGRAPHICAL SURVEYS MADE BY US AND/OR IJNTDFR nlJR 171RFrTInN HOWARD K YOUNG, N.Y.S. L.S. NO. 458013 MAP FOR HAROLD R. Rl-=rz\/r- $ 5ON51 INC. at Mattituck, Town of Southold Suffolk County, New York MAP TO ACCOMPANY GHAh167E OF ZONE APPLICATION County Tax iMap District 1000 Section 140 Block OI Lot MAP PREPARED OCT. 25, 2013 Record of Revisions RECORD OF RIEVI5ION5 DATE ADD USES 6I7HIN 200' r r°?Arr)_ NOV. 13 2013 G.R. 48 DEC. 15, 2015 FEB Sonthold Thwn Clerk 100 0 50 100 200 300 SGale: I" = 100' JOB NO. 2012-0265 DWG. 2012_0263_zone change I OF °s 0 0 a� MATTITUGK TIE IN (l SOI ° 17'00"W 44.54' \ (2 543°12'20"W 190.42' N LOCATION MAP m,1Lq-�->fmuu� Scale: I" = (000' LIST OF OWNERS (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES. (3) COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. (4) CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5) THE LOCATION OF WELLS (W), SEPTIC TANKS (ST) & CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. \ �zp, 9 CIO 10 \ \ �o00 0 00 / O `7`J. � r "6' l/ v 00 100 \0 11 101 N 1000 114 2 1.2 1 I j/�/ Oo 1000 X 114.-2-1.2 1301 -3-44 140.-1-13 140.-2-18 O Town of Southold Rhodes Ruth Revocable Gorman Love Lane Mary Ann Price I`V 1O / �§• I Main Road Trust I nc 42 5 Forest Ave \ �' Southold, NY llq'71 106 Mossochusets Rd 25235 Route 25 Rockville Centre, NY New Bern, NG 28562 Po Box 888 11570 14.-3-I Gutchogue, NY IIg55 Monica 4 Mike 13q.-3-45 140.-2-22 � �0 Limited Company Ruth M Myers 140.-1-15.2 Pauline Gildersleeve i O PO Box 1287 1500 Wickham Ave Peter E Orlowski PO Box 514 100 Gutchogue, NY 110135 Mattituck, NY 110152-1612 Deborah L Orlowski Mattituck, NY IIg52i I uik, 410 &O \ �� 1501.-3-9 1301.-3-46 Love Ln 140.-2-23 SY �D Oj OO i Richard B Tandy Ruth M Myers Po Box 885 Michael Z Herbert V (r) O PO Box 788 1500 Wickham Ave Mattltvck, NY 11,152 785 Pike 5t (y fi�� \\ Q) o Mattituck, NY IIg52 Mattltuck, NY IIg52-1612 Mattituck, NY 114152 140.-I-101.1 6}S90 i O .. C9- 3-1.-3-24 1301.-3-47 Mattltvck Park 140.-2-24 Z S O \ X00 i 0; D \ Estelle O'Connell Valerie A DeFlo District Frances Margaret o �J, i" N j \ 200 Bayer Rd Bruce W DeFio Keogh �J O Mattituck, NY IIg52 1450 Wickham Ave 40.-I-20 875 Pike St I O, 1N Mattituck, NY 110152 Michael Perlvoloris PO Box 646 O 1301 -3-25 Kathy Perivolorls Mattltuck, NY I lg5 1 00 \ Carroll J Harvey 13q.-5-48 PO Box SOO PO Box 351 Fannie Blelewlcz Mottituck, NY IIg52 140.-2-29.1 Mattituck, NY 114152 Attn: Edward Thompson Michael M Milner 450 Theresa Dr 140.-1-21 Tese-Mllner Ange1 O 1541-5-2-1 Mattituck, NY 110152 Thomas R Mercier I Mlnetta Ln Candice Vadalo Barbara Mercier New York, NY 1001 60 E 8th 5t 1314.-3-401 PO Box 1423 If �L , I� R=� / New York, NY 10003 Rlffat Mlnhas Mattituck, NY Ig52 40.-2-30 70 Y �(v��� �p Alogar AMlnhas John Dlvello \ 00 5ig50 New Suffolk Ave 140.-1-23.1 Frances Dlvello Q 341.-3-31.1 PO Box 2017 LI Sound Oyster LLC Westphalia Rd \ / /570 �� �jq �� �O lb I a Regina A Orlowski Mottituck, NY IIg52 781 MITI Rd PO Box 1402 375 Farmers Rd Riverhead, NY 114101 Mattituck, NY 110152 1000 114 2 1.2 / \ 9, `V I Oo / PO Box 472 134.-5-50 \ \ I / I O O Mattituck, NY 11-1526 .- 52 Peter Gourlides 140.-2- 1402-51.1 Andrea Gourlides Jryy strong MTA LIRR Andrea 1341.-3-52.1 5 Elderwood Ln 108ef5 feWostvlew Dr John J Lenahan Melville, NY 11747 Mattltuck, NY II0152 140.-2-31.2\ /o S Diane R Fobb MTA LIRR Oo \ • 62875 Wincirift Rd 140.-1-1 140.-2-7 Joseph, OR 017846 Stephanie Waggoner Thomas Mlleska 141.-3-26 /Sto w / Anthony Waggoner Wlckhom Ave Joseph D Domanskl 7 \ y\� / 1511.-3-55.1 16415 Wlckhom Ave PO Box 205 Janet L Domanskl / Q+ V I � � /00 �® / Jenny T 5kirel Mattituck, NY 110152 Mottituck, NY 110152 865 Love Ln \ ®r / PO Box 9311 PO Box 1654 Mr7• /Ao Mattituck, NY 11`152 40.-I-2 140.-2-8 Mattltvck, NY Ig52 Leroy J Heyllger Thomas J McCarthy 15q.-5-54 Lovlse Heyllger Susan M McCarthy 141.-3-27 \ C� I PO Box 1266 Margaret A Ashton y Count of 5uffo k Y^lickham Av e Mattituck, NY IIg52 Southold, NY 110171 7015 Love Ln PO Box 457 �O / �� 40-1-3 4114 140.-2-`1 Mattituck, NY IIg52 n 00� ^ �O OO 341.-3-35 VNIIIIamStars Thomas J McCarthy Richard E Drake Karen A Clark Susan M McCarthy 41.-3-28.1 �O i 7 _: t Marie A Drake PO Box 0142 PO Box 1266 Andrew T Fohrkolb / �p0/ ��,� M O \ �� �O / PO Box 525 Mattituck, NY IIg52 Southold, NY llgTI Sharon Tuthill l Q / Mattituck, NY 11-152 PO Box 645 \ Oo o 7 40xon 140.-2-10 Mattituck, NY IIg52 Ronal -36 Raymond 5milhom Ave Stevan rd Blvd 111 Ronald A Shapiro 110418 Wickham Ave 175 Oxford Blvd O O GOrnClio M Shapiro Mattituck, NY IIg52 Garden Gity, NY 11530 \ \ X00 /� 0 /RO/ PO Box 1576��. ^ / Mattltuck, NY 110152 140.-1-5 140.-2-11 Albert Dlnizio Trust Philip J Centonze \ � �O �Y � \ � J / \ 00 14 301x3-37 4 Sunset Ln Marilyn Centonze N N A I O Karen M Becker 5reenport, NY 110144 PO Box 46 �O O 265 Freeman Rd Mattituck, NY II`152 Mattituck, on 11`152 Harold R Reaves 4 Sons Inc 140.-2-12 1341.-3-38 CR 48 Joan M Romano ski w Thomas E Fox PO Box 1441 Richard 5tattler 00 Helen K Fox Mattituck, NY IIg52 5600 GR 48 �\ No / Freeman Rd Mattituck, NY IIg52 �O PO Box 1043 140.-1-7 Mattltuck, NY 110152 Dennis Kord 140.-2-13 N PO Box 1657 Scott Badeer 1501.-5-5q Mattituck NY Ig52 Nancy H Bodeer t / / / 000 / James G McMahon 20 Redwood DO r h0 000 Audrey J McMahon 1-40.-1-43 w Plolnvie, NY 11803 PO Box 340 Joyomoho Family Limited DO 170 Mattituck, NY 11`152 Partnership 140.-2-14 a!I \ 243 Malden Ln Carolyn 5enatore 1301.-3-40 Mattituck, NY II -152 7514 4th Ave W 00 III / / /"O Jerome E Zuhoski Bradenton, FL 54208 / / Deborah Zuhoski 140.-1- 1 \ 000 ." 00 440 Freeman Rd Cary W Swanson 140.-2-I5 O A �\ 1 O Mattltuck, NY II4152 Linda H Swanson Gary Doroskl A / 20512 Pointe Regatta Dr 425 Monsell Ln I5q.-3-41 Cornelius, NG 28031 PO Box 781 Zazaskl Living Trust Gutchogue, NY 110155 A /� / 000 \ =PROPOSED LIMITED BUSINESS 145 Gonklln Rd 140.-1-10 PO Box 258 Mark McDonald 140.-2-16 \\ c//\ (LB) ZONING USE O I STRI GT Mattituck NY IIg52 PO Box 1256 JKK Enterprises LLG ` \ O Southold, NY IIg71 p \ O 15q.-5-42 640 Love Ln \ `ti Timothy L Newalls 140. -I -ll PO Box 1620 \ Mary Anne Newalls Rita Martin Mattituck, NY IIg52 320 Freeman Ave 3406 SE Glacier Ter "" \ •[`� PO Box 11541 Hobe Sound, FL 33455 140.-2-17 'A Mottituck, NY 114152 Christopher Young Il 140.-1-12 42 Cherry 5t 1501.-5-45 5175 County Road LLG Calverton, NY 110135 \ Karen G Mo5hone PO Box 645 240 Freeman Ave Mattituck, NY IIg52 00 Mattltvck, NY 110152 _ �O �� O = MONUMENT 5ET 0 = MONUMENT FOUND = STAKE 5ET A= 5TAKE FOUND 00 Ostrander Avenue, Riverhead, New York IIgC1 tel. 631.727.2303 fax. 631.727.0144 admin(gyoungengineering.com olm o Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert C. Tast, Architect 51 TE DATA moor-d-+Lom , AREA = 5.1443 AGRE5 OR 224,056 SF EXISTING ZONING = RESIDENTIAL LOW DENSITY (I ACRE) (R-40) GENERAL BUSINESS (B) PROPOSED ZONING = LIMITED BUSINESS (LB) AREA OF PROPOSED (LB) ZONE = 80,400 SF NOTES I. ZONING BOUNDARY LINES SHOWN HEREON TAKEN FROM TOWN OF SIOUTHOLD NEW ZONING MAP, SECTION I OF 4, ADOPTED BY THE 510UTHOLD TOWN BOARD ON NOV. 50, 2004. ZONING DISTRICTS 51 = GENERAL BU51NE55 HE = HAMLET BUSINESS LiB = LIMITED 5U51NE55 LII = LIGHT INDUSTRIAL Ml = MARINE II RIO = RESIDENTIAL OFFICE R'-40 = RESIDENTIAL LOW DEN5ITY (I ACRE) OWNER HAROLD R. REEVE AND SONS INC. PO BOX 1441 MATTITUCK, NEW YORK IIg52 SURVEYOR'S CERTIFICATION * I HEREBY CERTIFY THAT TH I5 MAP WAS PREPARED UTILIZING B(OUNDARI' AND TOPOGRAPHICAL SURVEYS MADE BY U5 AND/OR Ijmr,)FR nllQ T71RF11.TI1nw HOWARD W. YOUNG, N.1'.5. L.5. NO. 458tH MAP FOR HAROLD R. REEVE 4 5ON51 I NO. at Mattituck, Town of Southold Suffolk Gounty, New York MAP TO ACCOMPANY GRANGE OF ZONE APPLICATION County Tax Map District 1000 Section 140 Block OI Lot 6 M,AP PREPARED OCT. 25, 2015 Record of Revisions RECORD OF REVISIONS DATE A32D USES WITHIN 200' NOV. 13, 2015 r -. R 48 ' DEC- 15, 2015 C,niltholrl ThIQ/n Ck4 100 0 50 100 200 300 Scale: I" = 1001 JCB NO. 2012-0263 DW6. 2012_0263_zone change I OF I ERIC J. BRESSLER ABIGAIL A. WICKHAM JANET GEASA LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO 631-298-8565 awickham@wbglawyers.com February 8, 2019 Elizabeth A. Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 WILLIAM WICKHAM (06-02) F E B 1 1 2019 Southold Town Clerk Re: Property owned by Harold R. Reeve & Sons, Inc. — Change of Zone Application 1605 Wickham Avenue & 5606 County Rt. 48, Mattituck, NY 11952 SCTM# 1000-140-01-6 Dear Ms. Neville: r I have enclosed the original affidavit of posting and affidavit of mailing in connection with the above referenced matter. Very ly yours, / Abigail A. Wickham ~ AAW dm Encl. re/reeve/ltraffm ail ing&posting SOUTHOLD TOWN BOARD TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of Harold R. Reeve & Sons, Inc. Located at 1605 Wickham Avenue and 5606 County Route 48 in Mattituck, NY AFFIDAVIT OF POSTING Parcel ID #1000-140-1-6 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) RECEIVED F E B 1 1 2019 Southold Town Clerk I, James F. Reeve, residing at 620 Sunset Avenue, Mattituck, New York 11952, being duly sworn, deposes and says that: On the 29th day of January, 2019, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street, facing each street abutting this property; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be February 12, 2019. A 1',-� 11-� K V, James F. Reev Swam to before me this s� day of February, 2019 Notary Public DONNA State cGAHAN a e of New York Notary Public, No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18s 20" L, re/Reeve/Affpostingtownboard SOUTHOLD TOWN BOARD TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of Harold R. Reeve & Sons, Inc. Located at 1605 Wickham Avenue and 5606 County Route 48 in Mattituck, NY Parcel ID #1000-140-1-6 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) AFFIDAVIT OF SERVICE BY MAIL Donna McGahan, being duly sworn, deposes and says: RECEIVED FEB 1 1 2019 Southold Town Clerk On the 29th day of January, 2019, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice to Adjacent Property Owners in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as follows: 1000-114-3-1 Strongs Marine Inlet, LLC 1000-139-3-44 Ruth Rhodes Revocable Trust 1000-139-3-45 Ruth M. Myers 1000-140-1-1 Matthew A. Kocian & Nancy M. Pelgrift 1000-140-1-1 Anthony & Stephanie Waggoner 1000-140-1-2 Leroy & Louise Heyliger 1000-140-1-3 William Stars, Karen Clark and Anthony Rutkowski, Jr. P.O. Box 1409 Mattituck, NY 11952 106 Massachusetts Road New Bern, NC 28562 1500 Wickham Avenue Mattituck, NY 11952 3 Lincoln Avenue Old Greenwich, CT 06870 1695 Wickham Avenue Mattituck, NY 11952 P.O. Box 571 Mattituck, NY 11952 P.O. Box 501 Greenport, NY 11944 A* -7 ' :1 1000-140-1-4 Raymond Smilovich 1000-140-1-5 Albert Dinizio Trust 1000-140-1-7 Lauren & Benjamin Polen 1000-140-1-8 Jayamaha Family Limited Partnership 1006-140-1-9 Gary and Linda Swanson, Lynn and Michael Wiebe 1000-140-1-10 1000-140-1-11 1000-140-2-11 1000-140-2-12 1000-140-2-13 1000-140-2-14 1000-140-27-15 Mark S. McDonald 1098 Wickham Avenue Mattituck, NY 11952 44 Sunset Lane Greenport, NY 11944 1 John Street, Apt. 5D Brooklyn, NY 11201 243 Maiden Lane Mattituck, NY 11952 20512 Pointe Regatta Drive Corneilius, NC 28031 P.O. Box 1258 Southold, NY 11971 5275 County Road, LLC P.O. Box 645 Mattituck, NY 11952 Marilyn & Philip Centonze P.O. Box 46 Mattituck, NY 11952 Joan M. Romanowski & Richard 5600 CR48 Stattler Mattituck, NY 11952 Nancy & Scott Badeer 20 Redwood Drive Plainview, NY 11803 Carolyn Senatore 75144 th Avenue W Bradenton, FL 34209 5350 CR48, LLC c/o Gary Doroski P.O. Box 781 ., Cutchogue, NY 11935 Donna McGahan Sworn to before me this day of February, 2019 "Notary Public t U AMY M BEASLEY NOTARY PUBLIC, STATE OF NEWYORK Qualified in Suffolk County Reg. No. 01 BE5039767 Commission Expires February 27, 2023 relreeve/affmad townb oard x 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 Harold R. Reeve & Sons regarding a portion of the property identified as corner of County Route 48 and Wickham Avenue, Mattituck, New York, SCTM #1000-140-1-6, from B (General Business) & R-40 (Residential) to LB (Limited Business) & R-40 (Residential) 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 12th day of February, 2019 at 7:00 PM at 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 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 property identified as corner of County Route 48 and Wickham Avenue, Mattituck, New York, and on the Suffolk County Tax Map as Lot#1000-140-1-6 from B (General Business) and R-40 (Residential) to LB (Limited Business) and R-40 (Residential) all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, located at Mattituck, Town of Southold, County of Suffolk and State of New York, and more particularly being bounded and described as follows: BEGINNING at the southeasterly corner of the premises described, at the southwesterly corner of land now or formerly of Dinizio, distant 190.42 feet from the intersection of the westerly end of a curve or line connecting the northerly side of Middle Road (County Route 48) with the westerly side of Wickham Avenue; and from said point of beginning running along the northerly side of Middle Road (County Route 48) South 43 degrees 12'20" West 265.39 feet to Maiden Lane; Running thence along the westerly side of Maiden Lane North 48 degrees 57'30" West 301.61 feet; Running thence South 41 degrees 02 minutes 30 seconds West 94.89 feet; Running thence along the are of a curve bearing to the right, having a radius of 50 feet, a distance of 29 feet; Running thence along the are of a curve bearing to the left, having a radius of 25 feet; a distance of 26.18 feet; Running thence North 43 degrees 12' 20" East 88.40 feet to land now or formerly of Heyliger; Running thence South 39 degrees 07'20" East 67.52 feet; Running thence South 43 degrees 41'20" East 227.79 feet to the northerly side of County Route 48 to the point or place of beginning. Subject to adjustment of northerly boundary pursuant to subdivision map; Remaining property will remain R-40 Residential zoned. Subject property consists of 224,086 square feet = 5.1443 acre. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. Dated: December 18, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk 1 • • • m • DELIVERY 17 ■ Complete items 1, 2, and 3. A. Sign e ■ Print your name and address on the reverse ,n X C E3 Agent so that we can return the card to you. �' / Addressee ■ Attach this card to the back of the mailpiece, ceive y jPninited Name) C. ate o De' ery or on the front if space permits. 1. Article Addressed to: Strongs Marine Inlet LLC P.O. Box 1409 Mattituck, NY 11952 D. Is delivery address different from(item 11 ❑ Yc: If YES, enter delivery address below. ❑ No II1111111 IIII III I 1111 II 111111 I I I IIII II Il i Il 111 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature 1:1 Registered MaIITM ❑ Adult Signature Restricted Delivery ❑ Re.9istered Mail Restricted 9590 9403 0380 5163 6142 55 >4 Certified Mail@ Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label)❑ Collect on Delivery Restricted Delivery 11Signature ConfirmationTM -- -- — - - - - - - - - - Mad ❑ Signature Confirmation ?016 3560 0001 1195 4085 Mail Restricted Delivery Restricted Delivery S Form 3811, April 2015 PSN 7530-02-000-9053 00) Domestic Return Receipt U.S. Postal ServiceTM C R IFIED MAI °RECEIPT _■ Domestic Mail Ord I D-' r-9 r� r_9 l� l� O ..D v1 M r0 rq O P- � • - c�3 C� Ln . LL'd S F:,7-,--,' i��1 i "�.� i! ppt��:'jy 3i If j41 ii 334 Iq sl..,_,.r •:i LS I» 1 w.% iJ it' iS S"-: ] \�::"i � . `.."9 M Certified Mad Fee :1co �C G]��DML@ Q G1�i l rib1. ❑ Adult Signature Restricted Delivery l� Extra Services & Fees (check box addles as appropriate) ❑ Return Receipt (hardcopy) $ Ln Er (. �5 .1 �. 1 ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ Certified Mall Fee % Postmark t c\ } Here _ rF ❑ Collect on Delivery Merchandise E] Adult Signature Restricted Delivery $ ❑ Signature ConfirmatlonTM • ��� j Postagey ❑ Return Receipt (electronic) $ $ 0 0 L�Q� Total Postage and Fees $ Sent To Strongs Marine Inlet LLC --------------- Street and Apt. -- , -- - Box No- ---------------------------------- P.O. Box 1409 ul - ------------------------------------------------------------------------------------- °i�latfituck, NY 11952 G»1;3L7,ii� � � �i� Q�kta�t�xattc ® Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ruth Rhodes Revocable Trust 106`'Massachusetts Road New Bern, NC 28562 1111111111111111111111111111111111111111111111 9590 9403 0380 5163 6143 16 2. Article Number (Transfer from service label) 7016 3560'000'1 1195 11 . LL'd ❑ Priority Mail Express@ :1co �C G]��DML@ Q G1�i ❑ Registered MadTM ❑ Adult Signature Restricted Delivery l� & Certified Mail@ Ln Er tF 1 3 I.... ii�:Is! '.... ...lk V ❑ Certified Mall Restricted Delivery Certified Mall Fee ❑ Collect on Delivery Merchandise r=l ❑ Signature ConfirmatlonTM Extra Services & Fees (checkbox, add fee as appropnate) ❑ Return Receipt (hardcopy) $ ❑ ❑ Return Receipt (electronic) $ t ��_~ �°•w Postmark 0 0 ElCertillied Mail Restricted Delivery $ [I Adult Signature Required Wil? Here $ E] Adult Signature Restricted Delivery $ ..� Postage ul $fid Total Postageand Fees ��' $ � S 6 r�,l. Sent To C3 Ruth Rhodes Revocable Trust Street and Ap- No,- -rPOBox -P% . ----------------------------------------------------- 106 Massachusetts Road -------7ate-ZIP+46 -------------------------------------------------------------------- C- e.w Bern,,, NC 28562 G�RsrD� : o e • . �G?�Tlr r r Q�al��xaf�f A. X A B. Received by (Printed Name) C. Date of Delivery at/ (`(3 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; if 3. Service Type ❑ Priority Mail Express@ ❑ Adult Signature ❑ Registered MadTM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted & Certified Mail@ Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmatlonTM — ' Mad ❑ Signature Confirmation 4047 Mail Restricted Delivery nm Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; if �U, S hPo'stal Service; ,�� ECo:pt 4CERTIFIED-°MAIL°'R -D,omestrc Maif Only, our www For tlelnrer information, visit website at usps'com° I r� Ln Er a r-9 O E3 0 Ln M —0 a 0 r - Complete items 1, 2, and 3. Is Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Leroy & Louise Heyliger P.O. Box 571 Mattituck, NY 11952 Er D, M Ln 0-. r-1 1"1 r� C3 0 O .0 Ln M .A rq 0 r%-- �l/{J�=Ujv�aLr illlll Illi °i7_ fit\_..� " •-�'4 }j�I t'} .r�1a4,_�i;.,^3 iQw;l :STss Certified Mail Fee t41 6$ . Services & FeesTcadd fee as epprp8�fe)` ❑ Return Receipt (hardcopy) $ ` .- ❑ Return Receipt (electronic) $ E b ark ❑ Certified Mail Restricted Delivery $ 1V ❑ Adult Signature Required $ f r, ❑ Adult Signature Restricted Delivery $ ❑ Adult Signature Restricted Delivery $ Postage $ y Total Postage and Fees Total Postage and Fees $ Sent To Anthony&Stephanie_ Waggoner________________________ Slieel and Apt. No , or FO Box No 1695 Wickham Avenue ------------ Ci , State, ,+411 Nattituck, NY 11952 Complete items 1, 2, and 3. Is Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Leroy & Louise Heyliger P.O. Box 571 Mattituck, NY 11952 Er D, M Ln 0-. r-1 1"1 r� C3 0 O .0 Ln M .A rq 0 r%-- A. Sign 5ure �1:1 Agent✓7-1)- E3 Addressee B R ceived (Pi ted Name) C. Date of Delivery M P . TirRica I(J050,11-F D. Is delivery address different from item 77 ❑ Yes If YES, enter delivery address below: ❑ No Ii O illlll Illi °i7_ fit\_..� " •-�'4 }j�I t'} .r�1a4,_�i;.,^3 iQw;l :STss Certified Mad Fee I II t' q 1 Extra Services & Fees (check box, add fee as appropnate� [3 Return Receipt (hardcopy) $ I El Return Receipt (electronic) $ i '-'Postmark L's ❑ Certified Mail Restricted Delivery $ fj -^L Here ❑Adult Signature Required $ L�` I ❑ Adult Signature Restricted Delivery $ � PostageIN $ Total Postage and Fees Sent To Lero & Lou i_ se_ He li er y ,Streel and Apt IVo , or PO ox lVo """ """" -""""""--------"-------- P.O. Box 57� CState, QIP - b -------------"--------------------------------------------------- `tattltuck, NY 11952 A. Sign 5ure �1:1 Agent✓7-1)- E3 Addressee B R ceived (Pi ted Name) C. Date of Delivery M P . TirRica I(J050,11-F D. Is delivery address different from item 77 ❑ Yes If YES, enter delivery address below: ❑ No Ii O illlll Illi III I l I I I II I III II l I I Ill II I IIIII ill3. pMsa0 o Adult Signature 13 Registered ed M ❑ Adult Signature Restricted Delivery ❑ Replstered Mad Restricted 9590 9403 0360 5163 6143 61 0 Certified Mad® Delivery ❑ Certified Mad Restricted Delivery ❑ Return Receipt for ❑ Collect an Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery mall 0 Signature ConfirmationTM 0 Signature Confirmation 7 016 3560 0001 1195 3996 fall Restricted Delivery Restricted Delivery April 2015 PSN 7530-02-000-9053 Domestic Return Receipt r I ,, m m D e ® nj "� o Er m. ;: ;. r k\ i ! C , "I LrIIr Q" Certified Mall Fee rq r:i$ r-9 �� Extra Services & Fees (check box, add lee as app ❑ Return Receipt (hardcopy) $ �' 1'1 s(jlpostnlark � � I] ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ '�+ ere 0 C3 ❑ Adult Signature Required $ []Adult Signature Restricted Delivery$ L S�. E3 Postage E3 Nf ° rp —0 $ �.n .,� u7 Lr) Total Postage and Fees (? yy m ra Sent T An h}, William Stars, Karen Clark &HU[honw_�'_1c J o 1:3P r e 0 dAQt. No , o5 1 oz No. oX C,- _ ----------- ------- ------------------------------------------------------------- Cr State, Z/P+4� U�reenport, NY 11944 I C C L C r C C C C L C r ■ Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Albert Dinizio Trust 44 Sunset Lane Greenport, NY 11944 �Signamzgz A- •" gent „'L ddressee I B eceived W(P inted N e) Date of Delly ry QUI/ �/s✓ i # - D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No I PS 38,111,jApril'2015 PSN 7530-02-000-9053 , Service Type �'-yN�r•}'�41 ', I.4'>��K%���;:i`yM1cg. El Priority ty Mail Express 11l Illlll IIII III I1 I I I II a III II I I I III IIII 111I III3. Extra Services & Fees (check bar, add fee as apompnate) 13 ❑ Adult Signature ❑ Registered MaIIT^t 3 ❑ Retum Receipt (electronic) $ C f i cp ark 3 El Certified Mad Restricted Delivery $ S Her ] El Adult Signature Required $ O� []Adult Signature Restricted Delivery $ �V, 3 Postage rn f $ N r4 Z� Ch t Total Postage and Fees $ ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9403 0380 5163 6143 54 Albert Dinizio Trust mCertified Mail® [3 Certified Mail Restricted Delivery Delivery ❑ Return Receipt for _ _ _ _ ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery _ _ __ _ Merchandise [3 Signature ConfirmtlonTM ❑ Signature Confirmation 2. Article Number (Transfer from service label_ 7 016 35130 0001 1195 gall 4 0 0 9_Aad I Restricted Delivery Restricted Delivery �*.+a�.. i �° r+uas�,rC7 I PS 38,111,jApril'2015 PSN 7530-02-000-9053 , s Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Lauren & Benjamin Polen 1 John St., Apt 5D Brooklyn, NY 11201 D' Er m CfM rR t-•1 ri C3 C3 O Lr) M ,A ra C7 'r Domestic Return Receipt Y 1� IDE �f::9a FF : G� tE, � ;� i 1i .�...� iE ♦. ( �.:..� .""�"f Certified Mad Fee ! GY C Extra Services & Fees (check box, add fee as appropnatg)" ` `}� L ❑ Return Receipt (hardcopy) $ P � E] Return Receipt (electmnic) $ p Fostm y ❑ Certified Mall Restricted Delivery $ Here .�✓vt 0 ❑ Adult Signature Required $ Lrt ❑ Adult Signature Restricted Delivery $ Postage J J`t' 4 Total Postage and Fees AA� �� tl $ Sent To Lauren & Benjamin__Polen--------------------------------- Sheet and Apt. No, or PO Box No 1 John__ St . APt SD --------------------------------------------- Ci State, 21P+4e %rookl nom, �yNY 11201 �i ° !A : a o r^liui+'r-v"'c' o r err • e , �'f�° �° ❑ Agent fp Addressee ate of Delivery 16dellvery address different from item 1? ❑ Yes If YES, enter delivery address below. ❑ No II1111111 IIII Ill I I Il l II I III III I I III II IIII II III3. Service e 11 Adult Signature El IJRegisterMall ed f malapr® aess ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 95590 9403 0380 5163 6143 75 ;K Certified Mail® Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation*" —Mail 13 Signature Confirmation 7 016 3560 0 0.01 ,119 5, 3989 D�il Restricted Delivery Restricted Delivery j PS Form' 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt I �'-yN�r•}'�41 ', I.4'>��K%���;:i`yM1cg. ?"4i;., .. .,,3 ]rO .ty�� 'C•y�',. r ( 4� i'• i t } E t) � U I-�, Certdted Mad Fee i$ Extra Services & Fees (check bar, add fee as apompnate) ElRetum Receipt (hardcopy) $ 3 ❑ Retum Receipt (electronic) $ C f i cp ark 3 El Certified Mad Restricted Delivery $ S Her ] El Adult Signature Required $ O� []Adult Signature Restricted Delivery $ �V, 3 Postage rn f $ N r4 Z� Ch t Total Postage and Fees $ Sent To I Albert Dinizio Trust etandApt &F, or PO Box No ------------------------------------------- Sunset Lane lc�ueenRort, ---------------------- ------------------------------------------------------------ tate,ZlP+4 NY 11944 Lr'f`J i °�U7 o o , , �o ��, o r rJye �r • r �*.+a�.. i �° r+uas�,rC7 s Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Lauren & Benjamin Polen 1 John St., Apt 5D Brooklyn, NY 11201 D' Er m CfM rR t-•1 ri C3 C3 O Lr) M ,A ra C7 'r Domestic Return Receipt Y 1� IDE �f::9a FF : G� tE, � ;� i 1i .�...� iE ♦. ( �.:..� .""�"f Certified Mad Fee ! GY C Extra Services & Fees (check box, add fee as appropnatg)" ` `}� L ❑ Return Receipt (hardcopy) $ P � E] Return Receipt (electmnic) $ p Fostm y ❑ Certified Mall Restricted Delivery $ Here .�✓vt 0 ❑ Adult Signature Required $ Lrt ❑ Adult Signature Restricted Delivery $ Postage J J`t' 4 Total Postage and Fees AA� �� tl $ Sent To Lauren & Benjamin__Polen--------------------------------- Sheet and Apt. No, or PO Box No 1 John__ St . APt SD --------------------------------------------- Ci State, 21P+4e %rookl nom, �yNY 11201 �i ° !A : a o r^liui+'r-v"'c' o r err • e , �'f�° �° ❑ Agent fp Addressee ate of Delivery 16dellvery address different from item 1? ❑ Yes If YES, enter delivery address below. ❑ No II1111111 IIII Ill I I Il l II I III III I I III II IIII II III3. Service e 11 Adult Signature El IJRegisterMall ed f malapr® aess ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 95590 9403 0380 5163 6143 75 ;K Certified Mail® Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation*" —Mail 13 Signature Confirmation 7 016 3560 0 0.01 ,119 5, 3989 D�il Restricted Delivery Restricted Delivery j PS Form' 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt I rt.t Er - C3 117I r rq C3 C3 E3 0 Ln M r -H 0 lti UA P29M @09W A. S' r� ttj ) F��_ 1� � I3( )A I 113 � D e - OYrI/f 0 ii :. it� i.i `_:1 U if""J t...... � 5:��•. (m3 Certified Mad Fee o e- (i iii - -� s „ jt L E �`,-,-,'f j" Si` it \�-% its y. u- Certified Mad Fee V� Postmark C] Certified Mail Restricted Delivery Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ .5� (n` Postmark, ❑ Certified Mall Res Delivery $ `0.7' Here --1 Q []Adult Signature Required $ Nl r i_ []Adult Signature Restricted Delivery $ �, ,✓ ("`) Postage Total Postage and Fees 1�� Total Postage and Fees s Sent To Lynn Sent To Jayamaha Family Limited Partnership Street and Apt. No , or PO Bax lifo. --------------------------------------------- 243 Maiden Lane --"--- ---------------------------------------------------------------------------------------- CIty,�State, ZIP+4 D Mattltuck, NY 11952 --------------------- 20512 Pointe Regatta Drive Domestic Return Receipt 1 U.S. Postal Service CERTIFIED MAIL° RECEIP � Domestic Mail Only J Ln Er r9 r-9 0 0 a Ln rn .n ra 0 ® Complete items 1, 2, and 3. A. S' r� ttj ) F��_ 1� � I3( )A I 113 � `� t�' ii :. it� i.i `_:1 U if""J t...... � 5:��•. (m3 Certified Mad Fee B. Delved by (Prin-tIed Name) C. Date of Delivery 5lN 2-1 or on the front if space permits, Q AS V -s -11 _ D. Is delivery address different from item 17 ❑ Yes Extra Services & Fees (check box, add fee as, El Return Receipt (hardcopy) $ e� nS ❑ Return Receipt (electronic) $ V� Postmark C] Certified Mail Restricted Delivery % Here E] Adult Signature RequiredW1 E] Adult Signature Restricted Delivery N1 ea re. II I IIIIII IIII III I I I I I II I III II I I III II III I II III Postage o- ❑ Adult Signature Restricted Derma ❑ Regi eyed Mail Restricted N '�� 9890 91403 0380 5183 614;3 47 Total Postage and Fees ❑ Certified Mall Restricted Delivery ❑ merchandise Sent To Lynn Michaei Gary &Linda__Swanson, - ____Wie.-e__ Street and Apt No., or PO Box No --------------------- 20512 Pointe Regatta Drive Domestic Return Receipt 1 Ctt� State, ZIPt4° ornei{lius, NC 28031 ® Complete items 1, 2, and 3. A. S' ■ Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Addressee ® Attach this card to the back of the mailpiece, B. Delved by (Prin-tIed Name) C. Date of Delivery 5lN 2-1 or on the front if space permits, Q AS V -s -11 1. Article Addressed to: 5 D. Is delivery address different from item 17 ❑ Yes Gary & Linda Swanson, Lynn & If YES, enter deliFie• ry a'dd below: E3 No Michael Wiebe 20512 PoiR:te Regatta Drive 159Corneilius,; NC 28031 . c.,. II I IIIIII IIII III I I I I I II I III II I I III II III I II III 3. Service TY e gr�noril all Express® El Adult S(dnature ❑ Regis red MalpFr- ❑ Adult Signature Restricted Derma ❑ Regi eyed Mail Restricted N '�� 9890 91403 0380 5183 614;3 47 Certlfiecl Mail® Del ❑ Certified Mall Restricted Delivery ❑ merchandise ❑ Collect on Dellver� .) ^ �iGlerchandise 2. Article Number (Transfer from service label) ❑ Collect on Delive}y tdcted Dehv�� El Signature ConflrmationTh' - -- • Aa)I -- ❑ Signature Confirmation 7 016 3 5 6 0 0 0 01, 1,1, 9 5 4 016 iA Restricted Delivery Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 3 ® Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to. Mark S. McDonald PX. Box 1258 Southold, NY 11971 A. Sigr*ure X / E3Agent ❑ Addressee B. Rechived by (Pfrinntei(1#la ) C. Date of Delivery D. Is delivery address different from item"l?; 13Yes If YES, entertdelivery address below;; ❑ No �1 0 II I Illlll H „4 IIII III I I I I I II 1111 Il I I I IIII E] Return Receipt (hardcopy) $ I IIlIII III3. Service Type ElPriority Mall Expresso ❑ Return Receipt(electionic) E $ G PO•S�tmark ❑ Certified Mad Restricted Delivery $ I "%Here �• ❑ Adult Signature Required $ i n ❑ Adult Signature Restricted Delivery $ C� Postage � $ 11 ❑ Adult Signature 13 Registered MaiITM Total Postage and Fees ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for `IY5 County Road_ LLC ------------------------------------------- ❑ Collect on Delivery See�a, d A� OX , or P4QBox No. 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT _ ?016-3560 0 0 01 119 5 4054 - ----- ea�t i uck, NY 11952 e j o o�t' (r , e era • o _ _ @MM23z; flW ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9403 0380 5163 6142 2 62 X Certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Num_be_r_(Trans_fer from service label) o Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM Mad ❑ Signature Confirmation 7 016 3560 0001 1195 4078 Maiil Restricted Delivery Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt @[Emmlo GSL° NN@HPI `D It C3 . cl?rrt a3 "e 'R Ir' rExtra fied Mad Fee a Services & Fees (check box, add fee as appropnateJl 1-9 Return Receipt (hardcopy) $ r E] Return Receipt (electronic) $1 '-"PO mark 0 ❑ Certified Mail Restricted Delivery $ Y, Q ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage �U w ..D Ln Total Postage and Fees} a a� $ —DSent To r9 Mark S.McDonald -------------------------------------------- � Street and Apt. No , or PO Box No. P.O. Box 1258---- -------- ---------------------------------------- Cr State, ZIP+4e `outhold, NY 11971 ® Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. Iii Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5275 County Road LLC P.O. Box 645 Mattituck, NY 11952 U. - . Posl lal �erviceTM CERi'LF1ED MAIL° REC IPT Ln Do esfit> ilOnly Lr) Ir" r -R ri 1-9 E3 E3 0 Ur1 M rR E3 r- 1:6:1.1 - �[•„ '•q H „4 �E ti L"`• Certified Mad Fee IIIII III $ III q y��Q,ti• kd ,rt Extra Services & Fees (check box, add fee as oppropdate)? E] Return Receipt (hardcopy) $ I III 111 Service Type % 4❑ P . nonty Mad Express® ❑ Return Receipt(electionic) E $ G PO•S�tmark ❑ Certified Mad Restricted Delivery $ I "%Here �• ❑ Adult Signature Required $ i n ❑ Adult Signature Restricted Delivery $ C� Postage � $ 11 Registered MaiITM °a d Total Postage and Fees ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for `IY5 County Road_ LLC ------------------------------------------- ❑ Collect on Delivery See�a, d A� OX , or P4QBox No. 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT _ ?016-3560 0 0 01 119 5 4054 - ----- ea�t i uck, NY 11952 e j o o�t' (r , e era • o _ _ @MM23z; flW AJ -�13Agent X ^"'`�r~ "�-� - ' 13 Addressee B. peceived by (Printed Name) C. Date of Delivery D. Is delivery address d r 1? ❑ Yes If YES, enter dell :f� ❑ No Ndr y II�IIIIII IIII IIIII III IIIIII III II III IIII I III 111 Service Type % 4❑ P . nonty Mad Express® 13 ❑ Adult Signature 11 Registered MaiITM 9590 9403 0330 5163 6143 09 ❑ Adult Signature Restricted Delivery 6d Certified Mad® ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT _ ?016-3560 0 0 01 119 5 4054 Aad Restricted Derive 1a l ry ❑ Signature Delivery Restricted Delver PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt y r-1 Ir M Ln Er r_X1 r -q 1"! 0 O 0 O Lf) M ..D r_9 E3 r_ Is Complete items 1, 2, and 3. le Print your name and address on the reverse so that we can'return the card to you. ■ Attach this card to the back of the mailplece, ,or on the front if space permits. 1.' Article Addressed to: ,1Marilyn & Philip Centonze ,P.O, ,Box 46 `Mattituck, NY 11952 A. Signatur X 13 Agent ❑ Addressee _RA66eivedlby ante Name) C. D to o Delivery ' D. is delivery address different from item 1? ❑ es If YES, enter delivery address below. ❑ No Ili 111111 Illi 1111 I I I 1111111 iI I I I II Illi I I I II IiI3. 9590 9403 0360 5163 6144 15 El dulttSignature ❑ ReglsteMail essO ed,MaliTr"' ❑ Adult Signature Restricted Delivery ❑ Registered Mad Restricted, 13 Certified MailO Delivery ' • - ' ❑ Certified Mad Restricted Delivery ❑ Return Receipt for' ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTm ❑ Signature Confirmation 39 4�, . : Wait Restricted Delivery Restricted Delivery 10) 2. Article Number ransfer from SBN1Ce labe — - -�— n 7 016 ' 3 5E& -0,001' 1195 PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Recelpf rU It Ir rn ul Ir ri rR r_9 0 C3 C3 O ..D Ln M ..D ra C3 •®� D `/4•+©� Ir--1-/•�—�-, t �jeII ������//�,, II��IjILO • , D s - (1�L•tR 0 , 11111 A 111111111 I I III II III III •t.li '.w,, Certified Mad Fee i 9590 9403 0380 5163 6143 85 Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ KA?; Extra Services & Fees (check box, add fee as app ropd ElReturn Receipt (hardcopy) $ ❑ Certified Mad Restricted Delivery �J EI Return Receipt (electronic) $ ( C� Str�"iHrk ❑ Certified Mall Restricted Delivery $� cc) a, J0r9 ❑Adult Signature Required $ t r (1 E] Adult Signature Restricted Delivery $ r co 3P ru 'p ® Postage tX+ ----------------- __2-----I-- -------------- , State, ZIP+4t' Nattituck NY 11952 0 Total Postage and Fees $ ,130 Sent To Maril n -& Philip Centonze StreetandApNo, or-POB-xNo.-------------------- ------------------------------ P.O. Box 46 5ty State, ZlP+4a---------------------- -------------------------------------- Mattituck, NY 11952 rU It Ir rn ul Ir ri rR r_9 0 C3 C3 O ..D Ln M ..D ra C3 •®� D `/4•+©� Ir--1-/•�—�-, t �jeII ������//�,, II��IjILO • , D s - (1�L•tR 0 , 11111 Ili 111111111 I I III II III III Certified Mad Fee i 9590 9403 0380 5163 6143 85 Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ GG (�{✓ il�` - ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ �� Here A Gl ❑ Certified Mad Restricted Delivery ❑ Return Receipt for E] Adult Signature Restricted Delivery $ Postage { $ cc) a, Total Postage and Fees 1. Sent To Joan Romanowski_& Richard Stattler ----------- ----------------------------------- Street and Apt No , or PO Box IVo. 5600 CR48 ----------------- __2-----I-- -------------- , State, ZIP+4t' Nattituck NY 11952 rirw■n■� 1. R Y A TC71d :AND .�y"Y. .117, N Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. E Attach this card to the back of the mailpiece, or on the front if space permits. 1- Article Addressed to: Joan Romanowski & Richard Statt 5600 CR48 Mattituck, NY 11952 "'^-— A. Sip blatt;�A; l,� `?.J 3-. uNY at, •y f y ) ❑ Agent i ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes - if YES, enter delivery address below: ❑ No IIIIIIIII IIII 11111 Ili 111111111 I I III II III III 1113. i 9590 9403 0380 5163 6143 85 El dulltSgnturre ❑ Adult Signature Restricted Delivery 19 Certified Mall® ❑ Registered MallT?d ❑ Registered Mail Restricted Delivery ❑ Certified Mad Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑Collect onDehyeriy6testfictedaelivery;�1 �$enatVeuy�iifirritafi0 la•.In�urari ' d 2. Article Number,(Transferfromse�icelabeo Mad , 7`016 ' 356 0-0001 '119 5 3 9 7 2': s Mad Restricted Delivery t' nn, Signature Confirmation ; Restricted Delivery PS Form 3811; April 2015 PSN uomestic Return Receipt ni D, M Ln Er ri ri t-9 C3 C3 O -D Ll M r -q 0 r`- I MMlY0� 19100 ML@ HOMPU i Certified Mall Fee ® • MPL gTETHIS SECTION,,• • ON DELIVERY ■ Complete items 1, 2, and 3. A. Sign �e 0% Certified Madp ❑ Certified Mad Restricted Delivery ■ Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Certified Mail Restricted Delivery $ ❑ Addressee ® Attach this card to the back of the mailpieee, B. Received by (Printed e) ❑ Adult Signature Restricted Delivery $ C. Date of Delivery or on the front if space permits. $�� Total Postage and Fees $ �r �d0 �5 1. Article Addressed to: D. is elivery addres(diff,e*�,ovv' Yes Nancy and'Scott Badeer If YES, enter delivNo 20 Redwood Drive Plainview, NY 11803 )1?,0 II 11111111111 III I I I I 1111111 II I I I II III II II II III 3. Service Type iority Mail Express® ❑ Adult Signature El Registered Mallrm ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9403 0360 5163 6144 22 19 Certified Ma)IO Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service labep __ _ . '- ' ❑ Collect on Delivery Restricted Delivery 11 Signature ConfirmationTm Mall ❑ Signature Confirmation 7 016 3 5 6 B 0001 119 5 =Q _9S7" ' Restricted Delivery Restricted Delivery ,0,,1 PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items' 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Carolyn Senatore 7514 4th Ave W Bradenton, FL 34209 VA c 0 e C.M9W "'D M Ln Er 179 ra r -:i C3 E3 C3 O ..D ul M r-9 C3 r%-- MMlY0� 19100 ML@ HOMPU 111111111 IIII Ill l l I l l Il I III III I I III IIII IIII III Certified Mall Fee glstered MaIITM U;/ { i� 'E Li Is if 2, Certified Mad Fee ❑ Return Receipt (hardcopy) $ 0% Certified Madp ❑ Certified Mad Restricted Delivery /1 r �4 •b% Extra Services & Fees (check box, add fee as appropdate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ _� J`aSlm� r Pli ❑ Certified Mail Restricted Delivery $ i ere ❑ Adult Signature Required $ J rI O� 7 ❑ Adult Signature Restricted Delivery $ r) Postage -' t $�� Total Postage and Fees $ �r �d0 �5 $ Carol n Senatore Sent To Nancy_ & Scott Badeer - - - - -------------------------------------------- Street and Apt No., or FO box IVo. 20 Redwood Drive - y---------- Ci ,State, ZIP+4� lainview, NY 11803 ■ Complete items' 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Carolyn Senatore 7514 4th Ave W Bradenton, FL 34209 VA c 0 e C.M9W "'D M Ln Er 179 ra r -:i C3 E3 C3 O ..D ul M r-9 C3 r%-- ❑ Agent Rec ived byt i tdd Na e) C. Date of Delivery D. Is deliV4 address different from item 1? ❑ Yes If YES, enter delivery _a00FJ%VI© ❑ No w " � en (""� qry j 1i r` 111111111 IIII Ill l l I l l Il I III III I I III IIII IIII III Certified Mall Fee glstered MaIITM ❑ Adult Signature Restricted Delivery Extra Services & Fees (checkbox, add tee as appropriate) ❑ Return Receipt (hardcopy) $ 0% Certified Madp ❑ Certified Mad Restricted Delivery ❑Return Receipt(electronic) $postm$rk ❑ Certified Mal Restricted Delivery $ —� - Here ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ �I't"I n Incrirori Mail ❑ , J rI O� 7 Postage ,r , t PS Form 3811, April 2015 PSN 7530-02-000-9053 $ Domestic Return Receipt J Total Postage and Fees 0 $ Sent To - Carol n Senatore Street and Apt No, or PO Box No. 75.14It'a. 4th Ave W I--- --- 2 -------------------------------------------------------------- ------ Br4Crb9ton, FL 34209 ❑ Agent Rec ived byt i tdd Na e) C. Date of Delivery D. Is deliV4 address different from item 1? ❑ Yes If YES, enter delivery _a00FJ%VI© ❑ No w " � en T 3. Service Type Mail Express® 111111111 IIII Ill l l I l l Il I III III I I III IIII IIII III ❑ Adult Signature RAO glstered MaIITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9403 0380 5163 6143 92 0% Certified Madp ❑ Certified Mad Restricted Delivery Delivery ❑ Return Receipt for 13 Collect on Delivery ❑ Collect on Delivery Restricted Delivery e ❑ Signature ConfirmationT<n 2. Article Number (Transfer from service labea n Incrirori Mail ❑ Signature Confirmation 7 016 3560 0001 1195 3965 po,I, Restricted Delivery Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt J T C3 M 0 Il) Cr r=1 ri r-9 C3 C3 C3 C3 ..D Lr) M -0 a C3 s Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of -the maiipiece, or on the front if space permits. 1. Article Addressed to: 5350 CR48 LLC c/o/ Gary Doros P.O.'..Box 781 Cutchogue, NY 11935 IIIIIIIII Illi Illll Ill 111111 111 II III Illll Ill 111 9590 9403 0380 5963 6143 23 2. Article Number (Transfer from service label) _ El Collect on Delivery Restricted Delivery gna ure on Irma on — - - - mail ❑ Signature Confirmation 7 016 3560 0001 1195 4030 )Nall Restricted Delivery Restricted Delivery SPS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt VlP®j ejr.����F, 3. Service Type ❑ Prionty Mail Express® ❑ Adult Signature ❑ Registered Mailm i2 ❑ Adult Signature Restricted Delivery ❑ Registered Mad Restricted JK Certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Certified Mail Restricted Delivery $ ❑ Collect on Delivery Merchandise ❑ Si t C f ti TTM 2. Article Number (Transfer from service label) _ El Collect on Delivery Restricted Delivery gna ure on Irma on — - - - mail ❑ Signature Confirmation 7 016 3560 0001 1195 4030 )Nall Restricted Delivery Restricted Delivery SPS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt VlP®j ejr.����F, �U �-4 U iJl1 iJL�L;./ 6�-M-4.�1.-1� ����• a ,�s 4 i2 Certified Mad Fee Extra Services & Fees (check box, add fee as appropriate)) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) $ t ) PQSimar ❑ Certified Mail Restricted Delivery $ JHere �) []Adult Signature Required $ C ❑ Adult Signature Restricted Delivery $ n �V y � -LC Postage Total Postage and Fees SMO CR48 L•LC c/o Gary_ Doroski Streetand Apt. No , of PO Boz Ido P.O. Box 781 C,State ZIP+4� rG�utc$o ue, NY 11935 :,, •. 01i� ,', ,,, •, @3DlPi.7:/�IPJykr"lf u➢k1fv:1'171 Ar.C7 Y OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman Members of Planning Board Date: January 30, 2019 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtow-xmy.gov RECEIVED JA N n 2019 Southold Town Clerk Re: A Local Law to amend the Zoning Map of the Town of Southold Changing the Zone Designation of a portion of SCTM#1000-140-1-6 from B (General Business) and Residential 40 (R-40) to LB (Limited Business) Thank you for the opportunity to provide comments on the proposed change of zone on portions of SCTM#1000-140-1-6 from R-40 and B Zoning Districts to the LB Zoning District. The Planning Board is restating the position as outlined in the previous Memorandum sent to the Town Board on July 16, 2013 (attached) that identifies concerns over the expansion of the commercially zoned area and the incompatibility of a future restaurant or winery use with the surrounding Residential Office (RO) and Residential 40 (R-40) parcels improved with single family residences. The hotel use identified as a previous concern was agreed to be removed from the change of zone request by the applicant. The request proposes a significant enlargement of the commercial lot area; from 25,000 square feet to 80,400 square feet (a 31 % increase) that would allow a more expansive commercial build out than the existing B zoned area. It is important to point out that the adjacent parcel to the northeast is also zoned B, however, RO and R-40 zoned parcels improved with residences occur to the north of the B zoned parcel, RO zoned parcels improved with residences occur to the southwest (6 parcels) and to the southeast across Suffolk County Route 48 (6 parcels). A future restaurant or winery on a 1.84 acre Southold Town Planning Board Page 12 January 30, 2019 parcel may be deleterious to the residential area and are better located within the Hamlet Center. If the Town Board is not inclined to condition a change of zone to the LB_ District as described above, the Planning Board recommends that the Town Board consider the Residential Office (RO) Zoning District as an alternative to the LB zoning. The RO zone allows a restaurant through Special Exception oversight and a Winery is not permitted. The purpose of the RO zone is to provide a transition area of less intense uses from business zoned parcels to low density residential neighborhoods along major roads. In this case, the RO transition zone would alleviate the potential of locating incompatible, intense commercial uses adjacent to the existing residential uses. Another point of difference that should be noted is that the minimum lot size in the RO zone is 40,000 square feet (where the LB is 80,000 sq. ft.), and if the applicant and the Town Board agree to this alternate zoning district, the applicant may want to reconsider the design of the subdivision. Encl. ;1 y PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J., CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Town Board Members cc: Martin Finnegan, Town Attorney From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: "July =16, 2013 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 Re:, Request for Preliminary Comments on Change of Zone"forSCTM#1000-140-1-6, Reeve Thank you for the opportunity to provide preliminary comments on the proposal to changpTthe zone on a portion of the parcel referenced above. The parcel is currently zoned R-40, with a narrow area of B zoning district running parallel to County Road'48. The proposal is to change about 80,000 sq. ft. of the land adjacent to County Road 48 to the Limited Business (LB) zone, with the remaining 'land to be left in the R-40 zone. The Planning Board would consider supporting this change of zone with the following conditions: 1. Exclude certain uses that would not be appropriate in this location due to their potential to be too intense to be located next to the existing residential development. The proposal to change the zone to accommodate and/or expand the existing use or develop new, similar uses meets the purpose of the LB District which states: Supervisor Scott Russell July 16, 2013 Page Two "Accommodate limited business activity along highway corridors, but in areas outside the hamlet's central business areas, that is consistent with the rural and historic character of surrounding areas and uses. " However, the Planning Board is concerned that, the following permitted uses are too'intense for this location and would conflict with the residential character of the area and generate high levels of traffic: • Hotel, • Restaurant • Winery These uses do not fully support the purpose of the LB Zoning District section which states: "The additional uses must generate low amounts of tr_ affic and be designed to protect the residential and rural character of the area. " It is recommended that should the Town Board consider granting this change of zone, that they require a covenant and restriction prohibiting these uses on this parcel. 2. The proposal to subdivide this parcel should be handled separately from the zone change petition. The plan submitted with this request also illustrates a proposed subdivision oft his parcel. The petition to change the zone on this parcel should not include a proposed subdivision on the plans. Change of zone petitions should only include the existing boundary lines of the parcel, the existing zoning district lines, and the proposed zoning district lines. A supplemental map showing a proposed subdivision plan -could be,submitted as an example for the purpose of illustrating what may be possible with a subdivision in the future. 3. Certificates of Occupancy should be provided for all the existing buildings (or pre -CO's if applicable). 4. There.should, be no code violations currently,existing on the property. Please contact the Planning Department with any questions. OFFICE LOCATION: a �_ MAILING ADDRESS: Town Hall Annex sk;} Q�jti P.O. Box 1179 54375 State Route 257;��Ss,,�.y`s�S` ,, Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Telephone: 631765-1938 Southold, NY NVVV'W.southoldtownny.gov eou PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM,, To: Scott Russell, Town Supervisor Members of the'Town Board Elizabeth A. Neville, Town Clerk From:- Donald J. Wilcenski, Chairman Members of Planning Board 4 Date: January 30, 2019 Re: A Local Law to amend the Zoning Map of the Town of Southold Changing the Zone Designation of a portion of SCTM#1000-140-1-6 from B (General Business) and Residential 40 (R-40) to LB (Limited Business) Thank you for the opportunity to provide comments on the proposed change of zone on portions of SCTM#1000-140-1-6 from R-40 and B Zoning Districts to the LB Zoning District. - The Planning Board is restating the position as outlined in the previous Memorandum sent to the Town Board on `July 16, 2013 (attached) that identifies concerns over the expansion of the commercially zoned area and the incompatibility of a future restaurant or winery use with the surrounding Residential Office (RO) and Residential 40 (R-40) parcels improved with single family residences. The hotel use identified as a previous concern was agreed to be removed from the change of zone request by -the applicant. The request proposes a significant enlargement of the commercial lot area; from 25,000 square feet to 80,400 square feet (a 31 % increase) that would allow a more expansive commercial build out than the existing B zoned area. It is important to point out that the adjacent parcel to the northeast is also zoned B, however, RO and R-40 zoned parcels improved with residences occur to the north of the B zoned parcel, RO zoned parcels improved with residences occur to the southwest (6 parcels) and to the southeast across Suffolk County Route 48 (6 parcels). A future restaurant or winery on a 1.84 acre a Southold Town Planning Board Page 12 January 30, 2019 parcel may be deleterious to the residential area and are better located within the Hamlet Center. M.._....,._._... __..m if :the TownW Board is not inclined to condition a changeof zone to the LB District as described above, the Planning Board recommends that the Town Board consider the Residential Office (RO) Zoning District as an alternative to the LB zoning. The RO zone allows a restaurant, through Special Exception oversight and a Winery is not permitted. The purpose of the RO zone is to provide a transition area of less intense uses from business zoned parcels to low density residential neighborhoods along major roads. In this case, the RO transition zone would alleviate the potential of locating -incompatible, s intense commercial uses adjacent to the existing residential uses. Another point of difference that should be noted is that the minimum lot size in the RO zone is 40,000 square feet (where the LB is 80,000 sq. ft.), and if the applicant and the Town Board agree to this alternate, zoning district, the applicant may want to reconsider the design of the subdivision. Encl. N I J PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMESIL.RICII,III MARTIN H. SIDOR MAILING ADDRESS: ff soar P.O. Box 1179 � Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 ..:......_- Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor Town Board Members cc: Martin Finnegan, Town Attorney From: Donald J. Wilcenski, Chairman�� Members of the Planning, Board Date: July 16, 2013, s Re: Request for Preliminary Comments on Change of Zone for SCTM#1000-140-1-6, Reeve Thank you for the opportunity to provide preliminary comments on the proposal to change the ' zone on a portion of the parcel referenced above. The parcel is currently zoned R-40, with a narrow area of B zoning district running parallel to County Road 48. The proposal is to change about 80,000 sq. ft. of the land adjacent to County Road 48 to the Limited Business (LB) zone, with the remaining land to be left in the R-40 zone. The Planning Board would consider supporting this change of zone with the following conditions: 1. Exclude certain uses that would not be appropriate in this location due to their potential to be too intense to be located next to the existing residential development., The proposal to change the zone to accommodate and/or expand the existing use or develop new, similar uses meets the purpose of the LB District which states: 0 Supervisor Scott Russell July 16, 2013 Page Two "Accommodate limited business activity along highway corridors, but in areas outside the hamlet's central business areas, that is consistent with the rural and historic character of surrounding areas and uses. " However, the Planning Board is concerned that the following permitted uses are too intense for this location and would conflict with the residential character of the area and generate high levels of traffic: • Hotel, • Restaurant • Winery These uses do not fully support the purpose of the LB Zoning District section which states: "The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. " It is recommended that should the Town Board consider granting this change of zone, that they -require a covenant and restriction prohibiting these uses on this parcel. 2. The proposal to subdivide this parcel should be handled separately from the zone change petition. The plan submitted with this request also illustrates a proposed subdivision of this parcel. The petition to change the zone on this parcel should not include a proposed subdivision on the plans. Change of zone petitions should only include the existing boundary lines of the parcel, the existing zoning district lines, and the proposed zoning district lines. A supplemental map showing a proposed subdivision plan could be submitted as an example for the purpose of illustrating what may be possible with a subdivision in the future. 3. Certificates of Occupancy should be provided for all the existing buildings (or pre -CO's if applicable). 4. There should be no code violations currently existing on the property. Please contact the Planning Department with any questions. Neville, Elizabeth From: Terry, Mark Sent: Monday, January 28, 2019 10:39 AM To: Neville, Elizabeth Cc: Lanza, Heather Subject: RE: Harold R. Reeve & Sons, Inc. Change of Zone Application We are awaiting review by the Town Attorney — should be out today. From: Neville, Elizabeth Sent: Monday, January 28, 2019 10:38 AM To: Lanza, Heather; Terry, Mark; Michaelis, Jessica Subject: Harold R. Reeve & Sons, Inc. Change of Zone Application Importance: High Heather, Will the Planning Board be submitting further comments or recommendation on this proposed change of zone?, The last document I have in the file is dated October 16, 2018. The public hearing is set for 7:00 PM on February 12, 2019. Please advise. Thank you. Betty 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 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Monday, January 28, 2019 10:38 AM To: Lanza, Heather; Terry, Mark; Michaelis, Jessica Subject: Harold R. Reeve & Sons, Inc. Change of Zone Application Importance: High Heather, Will the Planning Board be submitting further comments or recommendation on this proposed change of zone? The last document I have in the file is dated October 16, 2018. The public hearing is set for 7:00 PM on February 12, 2019. Please advise. Thank you. Betty 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY October 16, 2018 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, New York 11952 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 www.southoldtownny.gov OCT 1 9 2018 Southold Town Clerk Re: SEAR Determination Proposed Standard Subdivision for Harold R. Reeve and Sons, Inc. Located at 1605 Wickham Avenue, on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck SCTM#1000-140-1-6 Zoning Districts: R-40 & B Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 15, 2018: WHEREAS, this proposal is for a Standard Subdivision of a 5.1 acre split -zoned parcel into 4 lots where Lots 1-3 equal 1 acre in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. This proposal includes a Change of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District; and WHEREAS, the Planning Board determined that this proposed action is an Unlisted Action under SEQRA; and WHEREAS, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), the Planning Board coordinated with all involved and interested agencies; and WHEREAS, on September 13, 2018 the Southold Town Planning Board declared itself as Lead Agency for the SEQRA review of this Unlisted Action; therefore be it H.R. Reeve & Sons, Inc. [2] , October 16, 2018 RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non -significance for the proposed action and grants a Negative Declaration. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully,: 9 , Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex SOUjyO 54375 State Route 25 ��0f (cor. Main Rd. & Youngs Ave.) Southold, NY �yc4UNT`I,N' PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Standard Subdivision of Harold Reeve & Sons Project Number: SCTM#1000-140-1-6 MAILING ADDRESS: P.O. Box 1179 - Southold, NY 11971 Telephone: 631765-1938 www.southoldtownny.gov Date: October 15, 2018 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Planning Board as lead agency has determined that the proposed action described below will not have a significant adverse impact on the environment. Name of Action: Standard Subdivision and Change of Zone of Harold R. Reeve & Sons, Inc. SEQR Status: Type 1 Unlisted X Scoping: No X Yes _ If yes, indicate how scoping will be conducted: Description of Action: The application for the Subdivision is for a 5.1 acre split -zoned parcel proposed to be subdivided into 4 lots where Lot 1 equals 1 acre inclusive of 0.06 acres of unbuildable land, Lot 2 equals 1 acre inclusive of 0.05 acres of unbuildable land, Lot 3 equals 1 acre inclusive of 0.04 acres of unbuildable land located in the Residential -40 (R-40) Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and General Business (B) Zoning Districts (zoning for Lot 4 is proposed to be changed). A 0.3 acre private road is proposed to access residential Lots 1-3 from Wickham Avenue. 1. Proposed Lot 1 would be +/-42,894 SF (+/-0.984 of an acre) inclusive of +/-2,677 SF (+/- 0.06 of an acre) of unbuildable land due to the presence of tidal wetlands. This lot will remain zoned as Residential 40 (R-40) and is proposed to be developed with a single- family home. 2. Proposed Lot 2 would be +/-42,162 SF (+/-0.968 of an acre) inclusive of +/-2,156 SF (+/- 0.05 of an acre) of unbuildable land due to the presence of tidal wetlands. This lot will SEQR Page 12 October 15, 2018 remain zoned as Residential 40 (R-40) and is proposed to be developed with a single- family home. 3. Proposed Lot 3 would be +/-42,152 SF (+/-0.968 of an acre) inclusive of +/-1,914 SF (+/- 0.044 acres) of unbuildable land due to the presence of tidal wetlands. This lot will remain zoned as Residential 40 (R-40) and is proposed to be developed with a single- family home. Proposed Lots 1, 2 and 3, as shown on the subdivision map, comply with minimum R-40 lot area, lot width and lot depth requirements. 4. Proposed Lot 4 would be +/-80,400 SF (+/-1.846 acres). Lot 4 currently falls within the R-40 and B Zoning Districts but would be rezoned to Limited Business (LB). Lot 4, as shown on plans last revised December 18, 2015, complies with the Limited Business Zoning District's minimum lot area, lot width and lot depth requirements and would be developed with an LB use in the future (NP&V). Location: 5605 County Road 48, Mattituck Reasons/Documents Supporting This Determination: The Town of Southold Planning Board is requiring a review of the action to determine the magnitude, importance and probability of occurrence of potential impacts. A Full Environmental Assessment Form has been submitted and reviewed. The Planning Board hired the consulting firm Nelson Pope and Voorhis, LLC to perform a SEQR analysis for the proposed action. Two reports were produced and are attached as supporting documentation to this determination: The Harold R. Reeve & Sons, Inc. Four Lot Subdivision and Change of Zone Environmental Assessment Form (EAF) Parts II and III Attachment and Summary Report dated August 30, 2016 Prepared by Nelson Pope & Voorhis LLC (NP&V Report). Reeves Subdivision - Lot 4 Limited Business District Buildout Projection & Trip Generation dated 3/29/18 (Buildout and Trip Generation Report) Sections of the above referenced reports have been restated within this document. Impact Assessment: 1. Impact on Land Three of the lots (Lots 1 through 3) will be developed as single-family residences in accordance with the requirements of the Town's R-40 Zoning District. A single family residence is a permitted use in the R-40 Zoning District. 2 SEAR Page 13 October 15, 2018 A proposed Change of Zone from the General Business (B) Zone and R-40 Zoning Districts to the Limited Business (LB) Zoning Districts is proposed for Lot 4. The B zoned portion of the lot is improved with a commercial use and following rezoning of the parcel, the future use is expected to continue -as commercial. The NP&V Report found that significant land use impacts from the action are not anticipated if the outlined recommendations, the requirements of the Town Code, and the standards and conditions of all required permits and approvals are followed and implemented. 2. Impact on Geological Features There are no unique or unusual land forms on site. It should be noted that Lots 1 through 3 contain slopes greater than 20% (low bank) adjacent to tidal wetlands of Mattituck Creek. Lot 4 does not contain significant areas of slopes. The slopes on lots 1 through 3 are protected by Chapter 275 Wetlands and Shorelines of the Southold Town Code and a 100' wide non -disturbance vegetated buffer. No impacts to unique or unusual geologic features will occur. 3. Impacts on Groundwater and Surface Water The parcel is located within SCDHS Groundwater Management Zone IV (GMZ IV) and not located within the boundaries of the Central Suffolk or Town of Southold Special Groundwater Protection Areas (NYSDEC Critical Environmental Areas Maps #2 and 43). Test holes were performed by McDonald Geoscience and results indicate that groundwater was encountered at 6.2' below grade. Public sewer is not available. The largest potential for adverse impacts to groundwater quality in this location could result from residential and commercial sanitary systems in unsewered areas. Impacts may also result from the application of chemicals, herbicides and pesticides on each property in close proximity to marine wetlands. Public water is available. The use of groundwater is limited to daily household consumption and irrigation. Public water is proposed to be accessed via a water main easement from Maiden Lane and from a 12" existing main located within Wickham Avenue. A Letter of Water Availability from the Suffolk County Water Authority will need to be obtained. The capacity of commercial on-site sanitary systems is limited to a density load of 600 gpd/acre (600/gpd/43,560 SF) or a maximum of 1,107 gpd, which is consistent with the preliminary projections provided by the Applicant. The exact gallons per day of water used for Lot 4 are dependent upon the use and therefore unknown. SEOR Page 14 October 15, 2018 Q The area of Mattituck Creek where the parcel is located is an impaired water body, uncertified for shellfishing based on water quality (coliforms) and administrative shellfish restrictions due to marinas and moorings. Potential impacts to the surface water of Mattituck Creek include increasing pollutant loads from subsurface (cumulative wastewater) and surface flow (storm water). Nitrate (a form of nitrogen) is added to groundwater by septicsystems in unsewered areas and lawn fertilization. Groundwater flowing to surface waters could contribute to an increase in nitrate and phosphorous resulting in low dissolved oxygen levels in Mattituck Creek and hypoxic conditions under certain environmental conditions. Hypoxia results from planktonic algae blooms feeding on nutrients. The algae die and settle to the bottom of the water body then decay, using dissolved oxygen in the process. The oxygen levels frequently fall below the levels necessary to sustain life and results in fish and shellfish die offs. Correspondingly, the planktonic algae in high densities are toxic to shellfish and finfish. New technology in sanitary waste treatment has shown that the level of nitrates can be reduced through treatment using an Alternative Onsite Wastewater Treatment System (UA OWTS). Due to the cumulative adverse impacts from sanitary waste in the Mattituck Creek watershed and close proximity of the parcel to surface waters the treating (reduction) of total nitrogen in sanitary waste, to or greater than 19mg/L is required. The applicant notified this office on April 5, 2018 that a Covenant and Restriction requiring the installation of a UA OWTS on the three residential lots (1 through 3) and the commercial lot (4) upon Suffolk County Department of Health Services approval will be filed. The Planning Board will require that the Covenant and Restriction is filed with the Office of the Suffolk County Clerk prior to any development on the parcel. Furthermore, to mitigate nutrient loading impacts and encourage water conservation the Planning Board will require that the following best management practices are also filed within the Covenant and Restriction for the residential lots: a. Require the use of native, drought -tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. c. Require a maximum of 1 pound of nitrogen per 1,000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1,000 square feet per year. d. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 1 st and April 1 st. e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. V SEAR Page 15 October 15, 2018 Chapter 275 Wetlands and Shorelines of the Southold Town Code requires the establishment of a 100' wetland setback to future structures on each proposed lot from the top of bank/wetland. To minimize disturbance, the establishment of a 100' wide non -disturbance buffer to preserve the existing vegetation, soils and provide storm water control will be required by the Planning Board. Access paths to Mattituck Creek will be minimized to a 4' wide and exempted from buffer requirements to further mitigate disturbance impacts to the wetlands. The Southold Board of Trustees identified this area of the creek as being shallow and pointed out that marine construction is severely restricted or prohibited. A New York State Department of Environmental Conservation NYSDEC tidal wetlands permit will be required for the subdivision. The action involves the grading of greater than one (1) acre in area coverage and a SPEDS permit and Notice of Intent from the NYSDEC will be required to control storm water and protect surface waters. The action is also subject to Chapter 236 Stormwater Management of the Southold Town Code. Adverse impacts from the three single family residences and potential, future commercial use on Lot 4 to groundwater quality, quantity and surface waters are expected to be low due to the mitigation outlined above. 5. Impact on Flooding A portion of the Lots 1 through 3 along the creek (northwest corner) and small area in the west of the site is within a FEMA AE (100 -year) flood zone El 8 (ERSAP Map PGI and PG2). The majority of the flood zone is located on lot 3 and within the 100' structural setback required by Chapter 275 Wetlands and Shorelines of the Southold Town Code. Correspondingly, the Planning Board will require a 100' wide non -disturbance vegetated buffer on Lots 1 through 3 landward from the tidal wetland boundary to achieve a structural setback from surface waters. There is no ability to relocate lot 3 out of the flood zone. The siting of single family residences on the lots and construction design will take into account impacts from flooding. A 0.2 percent Annual Chance Flood Hazard (500 year) area occurs in the west of the parcel on portions of Lots 3 and 4. This area is subject to moderate flood hazard risk. Based on the location and area of mapped flood zones and required flood -resistant construction design, flooding risks to structures developed on lots 1 through 4 will be mitigated and therefore, adverse impacts are expected to be low. 6. Impacts on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments. The expected future uses on the parcel include three residential structures and one commercial use in the LB Zoning District if the rezoning of the parcel is successful. 5 SEAR Page 16 October 15, 2018 No significant adverse impacts to air quality are expected to result from the action. Further review of the use on the LB zone parcel will be conducted upon application to the Planning Board for a site plan. 7. Impacts on Plants and Animals The NYSDEC Environmental Resource Mapper was referenced to determine if the parcel was mapped within a rare and endangered area. The parcel is not located within a designated area. The parcel has been previously disturbed and is now vegetated with limited, native and invasive vegetation. A 100' wide non -disturbance buffer adjacent to Mattituck Creek (included existing vegetation) is recommended to meet the purpose of Chapter 275 Wetlands and Shorelines of the Southold Town Code and protect wetlands and surface water quality. Vegetation within the buffer shall not be cleared except to gain access to public waters on Lots 1 through 3. A common access to Mattituck Creek to minimize impacts to public trust lands, waters and ecological functions is being considered. Due to the location and size of the parcel, wildlife is limited to species adapted to neighborhood settings (birds and small mammals). No evidence of protected species utilizing the site has been discovered. The potential occurrence of protected species on site is low based on past observations, location and size of the parcel Impacts to plants will occur through clearing and development of each lot. Limits of clearing will be required on the residential lots; preserving 50% of existing vegetation. Lot 4 would need to comply with the 35% landscaping requirement specified in the LB zoning district and Planning Board restrictions in site plan review. Adverse impacts on plants and animals are expected to be low. 8. Impact on Agricultural Resources The parcel is not in a designated Agricultural District. There is no active agriculture or agricultural resources located on the parcel. Dominate soil groups on the parcel include Fd (Filled) in the north, PiB (Plymouth Loamy Sand 3-8 percent slopes), RhB (Riverhead and Haven soils, 0 to 8 percent slopes) and Cut and fill land, gently sloping. Lots 1 through 3 are proposed to be located on Fd, PiB and RhB soils. Lot 4 is located on RhB and Cut and Fill soils. The proposed action will result in the loss of these soil types on site to development. Adverse impacts to agricultural resources will not occur as a result of this action. 9. Impacts on Aesthetic Resources 0 SEAR Page 17 October 15, 2018 The parcel is located north of and is directly visible from Suffolk County Route 48 (CR 48), a designated New York State Scenic Byway and a scenic resource important to community. The construction of single family residences on lots 1 through 3 would be visible from CR 48, however, due to the location, clearing limits and buffers required, structures will be screened from direct view. The future development of Lot 4 would further obscure the single family residences. Impacts to aesthetic resources are expected from the future development of lot,4 however, the contemplated use on the parcel is currently unknown and therefore the scenic impacts cannot be fully assessed at this time. Parking, circulation, landscaping, screening, buffering, outdoor lighting, commercial building design, and other aspects of commercial site plan review will be explored at the time a site plan is submitted. Note that evergreen vegetative screening will be required within 25' wide transition buffers between the Residential Zoning Districts (including Residential Office) and commercial use on Lot 4 pursuant to §280-94, "Transition buffer area" of the Southold Town Code. The potential adverse impacts to aesthetic resources are expected to be low. 10. Impacts on Archeological Resources A Phase I Archeological Cultural Survey for the parcel was not required due to the lack of specific information related to the parcel, current development and previous land disturbance. 11. Impact on Open Space and Recreation The parcel is in private ownership and the site does not currently offer public open space or recreational opportunities. There are no New York State parklands located within the vicinity of the parcel. Adverse impacts to open space and recreation are expected to be low. 12. Impact on Critical Environmental Areas The parcel is not located within a Critical Environmental Area. 13. Impact on Transportation The parcel has frontage on three streets: CR 48, Wickham Avenue, and Maiden Lane. The NP&V Report indicates that sight distance at the proposed cul-de-sac's intersection with Wickham Avenue is good and the intersection of Wickham Avenue and CR 48 is currently controlled by traffic signalization. t SEOR Page 18 October 15, 2018 Suffolk County Route 48 is divided in this section by a median with no pass through access to the parcel from the eastbound travel lane. In the event that the Change of Zone is successful, eastbound access to Lot 4 from CR 48 would require vehicles to make a U-turn at Wickham Avenue. A left hand turn signal exists at the intersection and would allow this maneuver. A sidewalk is located to the south of Lot 4 and extends east to the signal controlled intersection of Wickham Avenue and west to Love Lane. A sidewalk is also located along the west side of Wickham Avenue providing pedestrian access and support to future occupants of Lots 1 through 3 and commercial use on Lot 4. Access to Residential Lots Access to lots 1 through 3 is proposed from Wickham Avenue via a new curb cut and 25' wide right of way with a 16' wide stone blend road. A cul-de-sac with 50' radius is proposed as a turn around. The right of way abuts SCTM# 1000-140-1-20 which is improved with a single family residence and frame garage. To lessen adverse impacts to the parcel, the Planning Board is requiring a shift of the 25' wide right of way to the north, to create a 15'+ vegetated buffer along the property line of SCTM# 1000-140-1-20. The NP&V Report indicates that the anticipated traffic generation from the three residential lots will be very low and are expected to have a negligible impact on local traffic. Moderate to large adverse impacts from accessing the lots are not expected. Commercial Lot Build Out and Trip Generation As indicated above, the Planning Board retained Nelson Pope and Voorhis LLC to conduct a buildout and trip generation analysis to provide worst case scenario projections and calculations for vehicle trips for the more intense uses allowed in the LB Zoning District: restaurant and winery. The build out analysis is hypothetical based on Town zoning regulations. Prior to the analysis, the applicant had agreed to remove the hotel use from the Change of Zone request. A restaurant use could generate the greatest number of vehicle trips to the site. Results showed that vehicle trips for a quality 520 seat (13,000 SF) sit-down restaurant are expected to be highest, with a Saturday peak hour totaling 172 vehicle trips (101 entering and 71 exiting). The second highest period would be PM Weekday Peak at 146 trips and the lowest in the AM Weekday Peak with 10 trips. A winery use on the parcel would result in a lower number of vehicle trips. Based on a worst case scenario conceptual build out with winery buildings equaling 16,000 SF [assuming 70 percent production area (9,600 SF), 10 percent wine storage (1,600 SF) and 30 SEQR Page 19 October 15, 2018 percent tasting/reception area, minor retail wine display/sales space, bathrooms, etc. (3,200)] and assuming 1 seat/15 SF of 3,000 SF occupancy for the tasting room, there would be 200 seats for tasting room/special event. The highest number of vehicle trips for a winery use could result from tasting room/special events with potential peak hour trips equaling 80. The vehicle trips for wine production, tasting rooms and storage are significantly less, as shown in Table 1 below. Table 1 Estimated Winery Vehicle TriDs Use Peak Hour Trip Area Peak Hour Trips Generation Rates Wineries - Wine 0.97/1,000 SF 9,100 SF 9 Trips production Wineries - Wine 1.97/1,000 SF 3,000 SF 6 Trips tasting rooms Wineries - Wine 0.32/1,000 SF 1,600 SF 2 Trips storage Special Events 0.4/guest 200 Seats 80 Trips Source NP&V A large percentage of traffic that would access a future restaurant use on Lot 4 would be expected from pass -by trips involving traffic already on the roadway and making an unplanned stop. A winery use would be expected to generate some new destination trips. A lower increase in traffic activity can be expected from other, less intense commercial uses permitted in the LB Zone. These hypothetical trip generation calculations for the restaurant and winery use indicate that some impacts to transportation could occur from an increase in vehicle trips to the site; however these impacts are not expected to be significant given the overall volume of traffic on CR 48 and road design. Adverse impacts to transportation from the proposed subdivision and change of zone on Lot 4 are not expected to be significant. 14. Impact on Energy No major change in the use of either the quantity or type of energy will occur. New construction will be required to meet Energy Star standards. Compliance with Town of Southold Chapter 172 Lighting, Outdoor (dark sky) for all lighting fixtures is recommended of both commerical and resitential use. The three residential lots being created are not expected to have a significant impact on energy usage or resources. The expected adverse impacts on energy from the proposed action are low. E SEAR Page 110 October 15, 2018 15. Impact on Noise, Odor, and Light Noise impacts are expected for short durations during the development (clearing, grading, and construction) of the lots. Adverse impacts from noise are expected to be short-term in duration and low from construction of the single family homes. No uses capable of causing odors on Lots 1 through 3 are expected. One street light is proposed at the end of the cul-de sac in addition to residential lighting. Adverse impacts from odor and lighting are also expected to be low. A potential commercial use on Lot 4 could result in additional impacts to the surrounding residents resulting from noise, odor and light generated by a more intense use such as winery or restaurant. Additional assessment is necessary when and if a use capable of causing noise, odors or light impacts is applied for. 16. Impact on Human Health The NP&V Report recommended that a Phase I Environmental Site Assessment be performed on site due to evidence of past disturbance and potential laundromat use. The Planning Board did not accept the recommendation based on historical information provided by the applicant. Adverse impacts to human health are expected to be low. 17. Consistency with Community Plans The expansion of the commercial zone to the northwest on lot 4 is not entirely consistent with community plans. The County Route 48 Corridor Land Use Study (1999) was evaluated to the proposed action. In the study a recommendation was made to change the zone of the parcel from B and R-40 to the Marine 11 zoning district on the Town Board's own motion. The recommendation was not enacted. The study was reviewed and the recommendations were correlated to the proposed Change of Zone. Amend the Town Code with respect to the Limited Business (LB) District The Town Code is recommended to be amended to allow additional as -of - right uses in the LB zoning district. The site plan requirements associated with LB zoned properties should be amended to provide for better buffering and screening of uses. Additionally, the architecture of a proposed structure in this district should be in conformance with surrounding area and resemble residential structures as much possible. It is unknown if and to what level amendments to the LB zoning district were made, However, the Planning Board provides buffering and screening in practice. A 25' wide transition buffer will be required between a future commercial use and residential use. 10 SEAR Page 111 October 15, 2018 Modify the Town Code to limit curb cuts to one per site unless unusual Circumstances exist. An increase in the number of curb cute typically has a negative impact on traffic flow. By limiting the number of curb cuts, particularly along County Route 48 and Sound Avenue, impacts to traffic flow are anticipated to be limited. The Planning Board limits curb cuts onto CR48. One curb cut will be required for the commercial zoned parcel meeting this recommendation. Require links between the parking areas of commercial operations to allow for vehicle movement between adjacent establishments. It is expected that a "pass through" to the property to the east will be discussed Require that subdivided residential lots access side roads and not directly to County Route 48, where appropriate. The proposed access to the residential will not be achieved from CR 48. Orient buildings to limit the interruption of scenic vistas and views The Planning Board will analyze the building orientation and effects on scenic qualities upon receipt of a site plan. Require vegetated buffers between residential development and the roadway. Vegetated (non -disturbance or landscaped) buffers will be required between residential lots and CR48. Where appropriate, consider the use of flag lots with common drives for residential development. On July 30, 2015 a Town of Southold LWRP Coastal Consistency Review was conducted for the proposed subdivision and it was recommended that the proposed action be found "consistent" with the Town of Southold LWRP. The B zoned portion of the property; 0.6 acres or approx. 25,500 sq. ft. is located within the Mattituck Hamlet Center. The reminder of the property is excluded. The Town of Southold Hamlet Study (2005) listed one goal for the area: 1. Reconnect the waterfront with Love Lane business district. 11 SEAR Page 112 October 15, 2018 The proposed action does not directly achieve this goal. The parcel is located east of Love Lane and in private ownership. Pedestrian access has been improved with the construction of new sidewalks and pedestrian safety elements on C.R. 48. Please see the attached NP&V Report for more discussion on zoning and consistency of the action with the Southold Town Code. The potential of the proposed action to conflict with the consistency of community plans is not expected to be significant. 18. Consistency with Community Character The subdivision of three single family residential lots is consistent with the community character, which is surrounded by similar zoning and single family residences to the east and west. The change of zone of a portion of the property from B & R40 to LB is not expected to have a significant adverse impact to the community character. The B zoning that currently exists allows some degree of commercial development, and changing it to LB would also allow some degree of commercial development, though the commercial development would be expanded to a larger area. Adverse impacts are expected to not be significant due to the following: 1. The parcel to the east of Lot 4 is zoned B and improved with a commercial use. 2. A total of .5 acres of Lot 4 is zoned B (against CR 48) and a portion of the area is used commercially. The increase of the commercially zoned area from .5 acres to 1.846 acres would allow for a better designed build out of the parcel with sufficient parking, buffers and landscaping; preserving the character. A total of 35 percent of the lot area is required to be landscaped in the LB zoning district. 3. The LB zoning district allows for less intense uses, in some case, than the uses within the B Zoning District complimenting the Residential Office (RO) zones to the west and south of the subject parcel. 4. Transitional buffers will be required between the commercial and residential zoned properties. 5. The front portion of the property (0.6 acres) is located in the Mattituck Hamlet Center. The action focuses development in and around the Hamlet Center. To further protect the character, the Planning Board will minimize street lighting requirements to preserve the night sky and center the access right-of-way to establish vegetated buffers against neighboring properties. The action will create a demand for police and fire services; however, the adverse impacts to the existing systems are expected to be episodic and low. 12 SEQR Page 113 October 15, 2018 For Further Information: Contact Person: Mark Terry, Assistant Town Planning Director Address: P.O. Box 1179, 54375 NYS Route 25, Southold, New York 11971 Telephone Number: 631-765-1938 A copy of this notice must be sent to: Southold Town Clerk for Southold Town Board Scott Russell, Southold Town Supervisor Southold Town Board of Trustees New York State Department of State NYSDEC - Stony Brook 13 Suffolk County Department of Health Services Suffolk County Water Authority Use Pro]eCt . IReeve Standard Subdivision Date: october 15.2018 Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. Based on a review of the EAF Part 1, a site inspection and review of various materials, plans, studies and databases, significant environmental Impact is not anticipated from the proposed Subdivision and Change of Zone as indicated in the attached Environmental Report. Determination of Significance - Type 1 and Unlisted Actions SEQR Status ❑ Type 1 7 Unlisted Identify portions of EAF completed for this Project: 0 Part 1 0,/ Part 2✓Q Part 3 Upon review of the information recorded on this EAF, as noted, plus this additional support information See Attached and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the The Town of Southold Planning Board as lead agency that: ✓❑ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Harold R. Reeve and Sons, Inc Four Lot Subdivision Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski Title of Responsible Officer: Planning Board Chair ,, , \ Signature of Responsible Officer in Lead Agency: ` `� I.J Date: i O le Signature of Preparer (if different from Responsible Officer) Date: i 0,1 ( g For Further Information: Contact Person: Address: Telephone Number: E-mail: For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http::,www.dec.nv.p-o-%-:enbienb hurl PRINT FULL FORM I Page 2 of 2 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER i Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(631)765-6145 Telephone (631) 765-1800 all- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski, December 18, 2018 www.southoldtownny.gov Re: Resolution No. 2018-1077 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM# 1000-140-1-6, a parcel of property located at 1605 Wickham Avenue, Mattituck, New York 11952 from B (General Business) and R-40 to LB (Limited Business) and R-40 The Southold Town Board at their regular meeting held on December 18, 2018 adopted the resolution. referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:00 P.M., Tuesday, February 12, 2018. Please do not hesitate to contact my office if you have any questions. J Very truly yours, i Southold Town Clerk Enclosures cc: Town Board Town Attorney 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 28th day of Janaury , 2019, a notice of which the annexed printed notice is a true copy was affixed, 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. Reeve COZ PH 2/19 7:00 pm t lizabeth A. Neville outhold Town Clerk Sworn before me this 28th day of Janua , 2019. otary Public LYNDA M. RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified in Suffolk County Commission Expires March 8, 0�� Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times; Town Board; Town Attorney; Town Clerk Bulletin Board Town Website; Abigail A. Wickham, Esq. Posted on Town fJerk Bulletin Board on 1/28/2019. et 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 Harold R. Reeve & Sons regarding a portion of the property identified as corner of County Route 48 and Wickham Avenue, Mattituck, New York, SCTM #1000-140-1-6, from B (General Business) & R-40 (Residential) to LB (Limited Business) & R-40 (Residential) 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 12th day of February, 2019 at 7:00 PM at 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 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 property identified as corner of County Route 48 and Wickham Avenue, Mattituck, New York, and on the Suffolk County Tax Map as Lot#1000-140-1-6 from B (General Business) and R-40 (Residential) to LB (Limited Business) and R-40 (Residential) all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, located at Mattituck, Town of Southold, County of Suffolk and State of New York, and more particularly being bounded and described as follows: BEGINNING at the southeasterly corner of the premises described, at the southwesterly corner of land now or formerly of Dinizio, distant 190.42 feet from the intersection of the westerly end of a curve or line connecting the northerly side of Middle Road (County Route 48) with the westerly side of Wickham Avenue; and from said point of beginning running along the northerly side of Middle Road (County Route 48) South 43 degrees 12'20" West 265.39 feet to Maiden Lane; Running thence along the westerly side of Maiden Lane North 48 degrees 57'30" West 301.61 feet; Running thence South 41 degrees 02 minutes 30 seconds West 94.89 feet; Running thence along the arc of a curve bearing to the right, having a radius of 50 feet, a distance of 29 feet; Running thence along the are of a curve bearing to the left, having a radius of 25 feet; a distance of 26.18 feet; Running thence North 43 degrees 12' 20" East 88.40 feet to land now or formerly of Heyliger; Running thence South 39 degrees 07'20" East 67.52 feet; Running thence South 43 degrees 41'20" East 227.79 feet to the northerly side of County Route 48 to the point or place of beginning. Subject to adjustment of northerly boundary pursuant to subdivision map; Remaining property will remain R-40 Residential zoned. Subject property consists of 224,086 square feet = 5.1443 acre. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. Dated: December 18, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on January 31, 2019 and forward one affidavit of publication to Elizabeth A. I -.d Neville, Elizabeth From: Reisenberg, Lloyd Sent: Thursday, January 24, 2019 11:26 AM To: Neville, Elizabeth Subject: RE: Emailing: Reeve COZ Notice Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownnV.gov Iloydr@southoldtownny.Rov 0: 631-765-18911 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. -----Original Message ----- From: Neville, Elizabeth Sent: Thursday, January 24, 2019 9:37 AM To: legals@timesreview.com; Lisa Finn (lisaahfinn@Rmail.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.ny.us>; Doherty, Jill <fill.doherty@town.southold.ny.us>; Doroski, Bonnie <Bonnie.Doroski@town.southold.nv.us>; Ghosio, Bob <bob.ghosio@town.southold.nv.us>; Louisa Evans <Ipevans06390@Rmail.com>; Neville, Elizabeth <E.Neville @town.southold.ny.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Norklun, Stacey <Stacey.Norklun@town.southold.ny. us>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Russell, Scott <scottr@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.nv.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 <marys@town.southold.nv.us> Subject: Emailing: Reeve COZ Notice Please publish in the 1/31/2019 edition of the Suffolk Times and 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 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Reeve COZ Notice r .. 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. Neville, Elizabeth From: legals <legals@timesreview.com> Sent: Thursday, January 24, 2019 10:03 AM 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 Subject: Re: Emailing: Reeve COZ Notice Attachments: Ad_Order_Form[8].pdf, Ad_Image_Preview [6].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. Kimberly Gersic Sales Production Assistant 631.354.8013 (direct) kLyersic(@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. Kimberly Gersic Sales Production Assistant 63 1.3 54.8013 (direct) keersic(@timesreview.com www.timesreview.com On 1/24/19, 9:36 AM, "Neville, Elizabeth" <E.Neville @town.southold.ny.us> wrote: >Please publish in the 1/31/2019 edition of the Suffolk Times and 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 631765-6145 >Ce ll 631466-6064 >Your message is ready to be sent with the following file or link >attachments: >Reeve COZ Notice >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. I QW11 toJWR 31013 owl l Ad/Order 4:0002306180 Times Review Media Media Group ppWaatt�uckl NY 11952 Phone: (631)298-3200 01/24/2019 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 9.68 Color: Total Weeks: 1 Product Category Classification Insertions Period SUFFOLK TIMES CLASSIFIED LEGALCL LEGALS 01/31/19 Pricing Information: Sub Total: 52.39 Total Due: 52.39 r Ad Taker: LEGAL NOTICES T/R n i TYPESET Thu .Ian 24 11 01 56 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- sidenng the change of zone application of Harold R. Reeve & Sons regarding a portion of the property identified as corner of County Route 48 and Wickham Avenue, Mattttuck, New York, SCTM #1000-140-1-6, from B (General Business) & R-40 (Residential) to LB (Limited Business) & R-40 (Residential) 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 12th day of February, 2019 at 7:00 PM at 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 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 Designa- tion of a portion of property identified as corner of County Route 48 and Wickham Avenue, Mattttuck, New York, and on the Suffolk County Tar Map as Lot#1000-140-1- 6 from B (General Business) and R-40 (Residential) to LB (Limited Business) and R-40 (Residential) all that certain plot, piece or parcel of land, with the buildings and un- provements thereon erected, located at Mat- tituck, Town of Southold, County of Suffolk and State ofNew York, and more particularly being bounded and described as follows BEGINNING at the southeasterly corner of the premises described, at the southwesterly' corner of land now or formerly of Dinizio, distant 190 42 feet from the intersection ofthe westerly end of a curve or line connecting the northerly side of Middle Road (County Route 48) with the westerly side of Wickham Ave- nue, and from said point of beginning running along the northerly side of Middle Road (County Route 48) South 43 degrees 12'20" West 265 39 feet to Maiden Lane, Running thence along the westerly side of Maiden Lane North 48 degrees 57'30" West 30161 feet, Running thence South 41 degrees 02 minutes 30 seconds West 94 89 feet, Running thence along the are of a curve bearing to the right, having a radius of 50 feet, a distance of 29 feet, Running thence along the arc of a curve bearing to the left, having a radius of25 feet, a distance of 26 18 feet, Running thence North 43 degrees 12' 20" East 88 40 feet to land noiv or formerly of Heyliger, Running thence South 39 degrees 07'20" East 67 52 feet, Running thence South 43 degrees 41'20" East 227 79 feet to the northerly side of County Route 48 to the point or place of beginning Subject to adjustment of northerly boundary pursuant to subdivision map, Re- maining property will remain R-40 Residen- tial zoned Subject property consists of 224,086 square feet = 5 1443 acre Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified Dated December 18, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville Southold Town Clerk 2306180 Neville, Elizabeth From: legals <legals@timesreview.com> Sent: Thursday, January 24, 2019 11:04 AM To: Neville, Elizabeth Subject: Re: Emailing: Reeve COZ Notice Attachments: Ad_Order_Form[10].pdf; Ad_Image_Preview[7].pdf Hi Elizabeth! Got your message. I think I fixed the spots that were a little wonky. I apologize for that, I have to do it manually. Let me know how this proof works out. Kimberly Gersic Sales Production Assistant 631.354.8013(direct) keersic6Dtimesreview. com www.timesreview.com On 1/24/19, 9:36 AM, "Neville, Elizabeth" <E.Neville@town.southold.ny.us> wrote: >Please publish in the 1/31/2019 edition of the Suffolk Times and 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 631765-6145 Cell 631466-6064 >Your message is ready to be sent with the following file or link >attachments: >Reeve COZ Notice >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. 1 Times Review Media Group P.O. 130x 15 00 Mattrtue. 11952 Phone: (631)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 Harold R. Reeve & Sons regarding a portion of the property identified as corner of County Route 48 and Wickham Avenue, Mattituck, New York, SCTM #1000-140-1-6, from B (General Business) & R-40 (Residential) to LB (Limited Business) & R-40 (Residential) 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 12th day of February, 2019 at 7:00 PM at Town Hall located at 53095 Main Road, Southold, New York, and directs the Town Clerk to publish notice of such applica- tion in the Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing, on a proposed Local Law enti- tled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified as comer of County Route 48 and Wickham Avenue, Mattituck, New York, and on the Suffolk County Tax Map as Lot#1000- 140-1-6 from B (General Business) and R-40 (Residential) to LB (Limited Business) and R-40 (Residential) all that certain plot, piece or parcel of land, with the buildings and im- provements thereon erected, located at Mat- tituck, Town of Southold, County of Suffolk and State ofNew York, and more particularly being bounded and described as follows BEGINNING at the southeasterly corner of the premises described, at the southwesterly comer of land now or fortterly of Dmizio, distant 190 42 feet from the intersection ofthe westerly end of a curve or line connecting the northerly side of Middle Road (County Route 48) with the westerly side of Wickham Ave- nue, and from said point ofbegmnmg running along the northerly side of Middle Road (County Route 48) South 43 degrees 12'20" West 265 39 feet to Maiden Lane, Running thence along the westerly side of Maiden Lane North 48 degrees 57'30" West 301 61 feet, Running thence South 41 degrees 02 minutes 30 seconds West 94 89 feet, Running thence along the arc of a curve bear- ing to the right, having a radius of 50 feet, a distance of 29 feet, Running thence along the arc of a curve bearing to the left, having a radius of 25 feet, a distance of 26 18 feet, Running thence North 43 degrees 12' 20" East 88 40 feet to land now or formerly of Heyliger, Running thence South 39 degrees 07'20" East 67 52 feet, Running thence South 43 degrees 41'20" East 227 79 feet to the northerly side of County Route 48 to the point or place of beginning Subject to adjustment of northerly boundary pursuant to subdivision map, Remaining property will remain R-40 Residential zoned Subject property consists of 224,086 square feet = 5 1443 acre Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified Dated December 18, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A Neville Southold Town Clerk 2306180 Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday, January 24, 2019 9:37 AM 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 Subject: Emailing: Reeve COZ Notice Attachments: Reeve COZ Notice.docx Please publish in the 1/31/2019 edition of the Suffolk Times and 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 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Reeve COZ Notice 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. 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 Harold R. Reeve & Sons regarding a portion of the property identified as corner of County Route 48 and Wickham Avenue, Mattituck, New York, SCTM #1000-140-1-6, from B (General Business) & R-40 (Residential) to LB (Limited Business) & R-40 (Residential) 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 12th day of February, 2019 at 7:00 PM at 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 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 property identified as corner of County Route 48 and Wickham Avenue, Mattituck, New York, and on the Suffolk County Tax Map as Lot# 1000-140-1-6 from B (General Business) and R-40 (Residential) to LB (Limited Business) and R-40 (Residential) all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, located at Mattituck, Town of Southold, County of Suffolk and State of New York, and more particularly being bounded and described as follows: BEGINNING at the southeasterly corner of the premises described, at the southwesterly corner of land now or formerly of Dinizio, distant 190.42 feet from the intersection of the westerly end of a curve or line connecting the northerly side of Middle Road (County Route 48) with the westerly side of Wickham Avenue; and from said point of beginning running along the northerly side of Middle Road (County Route 48) South 43 degrees 12'20" West 265.39 feet to Maiden Lane; Running thence along the westerly side of Maiden Lane North 48 degrees 57'30" West 301.61 feet; Running thence South 41 degrees 02 minutes 30 seconds West 94.89 feet; Running thence along the are of a curve bearing to the right, having a radius of 50 feet, a distance of 29 feet; Running thence along the are of a curve bearing to the left, having a radius of 25 feet; a distance of 26.18 feet; Running thence North 43 degrees 12' 20" East 88.40 feet to land now or formerly of Heyliger; Running thence South 39 degrees 07'20" East 67.52 feet; Running thence South 43 degrees 41'20" East 227.79 feet to the northerly side of County Route 48 to the point or place of beginning. Subject to adjustment of northerly boundary pursuant to subdivision map; Remaining property will remain R-40 Residential zoned. Subject property consists of 224,086 square feet = 5.1443 acre. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. Dated: December 18, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on January 31, 2019 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times; Town Board; Town Attorney; Town Clerk Bulletin Board Town Website; Abigail A. Wickham, Esq. COUNTY OF SUFFOLK RECEIVED JAN�2. 2019 JAS. Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold Town Clerk Department of Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner January 11, 2019 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn: Elizabeth Neville Division of Planning and Environment Applicant: Town of Southold Zoning Action: Adopted Local Law 2018-1077 Amend Zoning Map of the Town by Changing Zoning Designation of parcel 1605 Wickham Avenue, Mattituck S.C.P.D. File No.: SD -19 -LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Chief Planner APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 11th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 ELIZABETH A. NEVILLE, MMC 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 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 18, 2018 -01 Re: Resolution No. 2018-1077 "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM# 1000-140-1-6, a parcel of property located at 1605 Wickham Avenue, Mattituck, New York 11952 from B (General Business) and R-40 to LB (Limited Business) and R-40 Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on December 18, 2018 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law'is also being sent to the Southold Town Planning Department of for their review. The date and time for this public hearing is 7:00 P.M., Tuesday, February 12, 2018. Please do not hesitate to contact my office if you have any questions. Enclosures cc: Town Board Town Attorney i Very truly yours, 0. Elizabeth A. Neville Southold Town Clerk Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, January 22, 2019 11:46 AM To: Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott Cc: Lanza, Heather; Terry, Mark; Michaelis, Jessica Subject: FW: Reso 1077 Attachments: SD- 1077.pdf From: DeSalvo, Christine [ma ilto: Christine. DeSalvoC&suffolkcountyny.gov] Sent: Tuesday, January 22, 2019 9:17 AM To: Neville, Elizabeth Subject: Reso 1077 Hi Elizabeth, Attached please find a copy of the letter of local determination regarding your referral on 1077. Please let me know if you need anything further. Christine ivdL{it4F„J ChK L i& VeZaZ o-- �co�J F 0 �1t� Principal Clerk J Suffolk County I Dept of Economic Development and Planning .;• • 100 Veterans Memorial Highway. 11th Floor �:' , . • ' -��� . Hauppauge, NY 11788 631-853-4770 Tel \'00 U 7 sc 631-853-4767 Fax A pa) D1 A«1 For your safety and mine, please do not text or email while driving. It can wait. p r a c t i c e G R E E N Save a tree. Read, don't print, emads• CONFI DENTIALI TY NOTI CE: This electronic mail transmission is intended solely for the use of the mdiwduaUentity to whom it is addressed and may contain confidential information belonging to the sender If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message RESOLUTION 2018-1077 ADOPTED DOC ID: 14730 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1077 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Harold R. Reeve & Sons, Inc. regarding a portion of the property identified as SCTM #1000-140-1-6 from B (General Business) and R-40 to LB (Limited Business) and R-40; 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 as Lot # 1000-140-1-6 from B to LB at Town Hall located at 53095 Main Road, Southold, New York, on the 12th day of February, 2019 at 7:00 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (3 0) days prior to such hearing. ava4a' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell RESOLUTION 2018-1077 ADOPTED DOC ID: 14730 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1077 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Harold R. Reeve & Sons, Inc. regarding a portion of the property identified as SCTM #1000-140-1-6 from B (General Business) and R-40 to LB (Limited Business) and R-40; 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 as Lot #1000-140-1-6 from B to LB at Town Hall located at 53095 Main Road, Southold, New York, on the 12th day of February, 2019 at 7:00 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (3 0) days prior to such hearing. a Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty,` Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Neville, Elizabeth From: awickham@wbglawyers.com ' Sent: Monday, October 29, 2018 2:14 PM To: Duffy, Bill Cc: Neville, Elizabeth; Terry, Mark Subject: Harold Reeve Std Subdivision/Zone Change 1000-140-1-6 Bill - Since the Planning Board has returned a Negative Dec under SEQRA for this project, we would like to inquire as to the scheduling of the change of zone hearing, and what might need to be done in order for this to occur. The Planning Board has agreed to allow us to change the map to show a lesser road accessing the three residential lots, which I do not believe will affect the 4th lot proposed to be rezoned to LB. I am, however, pressing the surveyor to redraw the map so we will have it in time for a hearing. Do you have any further prerequisites to scheduling the hearing? Gail Wickham Wickham, Bressler & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) awickham@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please immediately notify the sender at 631-298-8353. Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday, December 18, 2018 8:55 PM To: 'awickham@wbglawyers.com' Subject: Harold Reeve Change of Zone Application Attachments: Printout-14730-1034-M50376.pdf Please be advised that the attached resolution was adopted by the Southold Town Board at their December 18, 2018 Town Board Meeting. 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 IC-) + Y[ RESOLUTION 2018-1077 �© ADOPTED DOC ID: 14730 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1077 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 18,2018: RESOLVED that the Town Board of the Town of Southold is considering the change of zone application from Harold R. Reeve & Sons, Inc. regarding a portion of the property identified as SCTM #1000-140-1-6 from B (General Business) and R-40 to LB (Limited Business) and R-40; 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 as Lot #1000-140-1-6 from B to LB at Town Hall located at 53095 Main Road, Southold, New York, on the 12th day of February, 2019 at 7:00 p.m. and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (3 0) days prior to such hearing. a Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY QF S0uTyO� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov RECEIVED MAR 1 0 2016 Southold Town Clerk cc: Town Attorney From: Alyxandra Sabatino, Planner �1 S Date: March 10, 2016 Re: Subdivision Application Review — Proposed Standard Subdivision for Harold R. Reeve and Sons • Request for Comments pursuant to Southold Town Code §280-131 • SEQR Lead Agency Request_ • Coordinated Review under SEQR The purpose of this request is to seek comments from your agency, and also to determine lead agency and coordinate review under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; and 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. Z Southold Referral & SEQR Coordination Page Two March 10, 2016 Planning Board Position: (x) This agency wishes to assume lead agency status for this action. () This agency has no objection to your agency assuming lead agency status for this action. () Other (see comments below) Project Name: Proposed Standard Subdivision for Harold R. Reeve and Sons Address: 1605 Wickham Avenue, on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck Tax Map #s: 1000-140-1-6 Requested Action: This proposal is for a Standard Subdivision of a 5.1 acre split -zoned parcel into 4 lots where Lot 1 equals 1 acre inclusive of 0.06 acres of unbuildable land, Lot 2 equals 1 acre inclusive of 0.05 acres of unbuildable land, Lot 3 equals 1 acre inclusive of 0.04 acres of unbuildable land located in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. A 0.3 acre proposed private road, Creek View Lane, is located on the northeast side of the subdivision off of Wickham Avenue. This proposal includes a Change of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Alyxandra Sabatino, Planner Southold Town Planning Board (631) 765-1938 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAULING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov To: Elizabeth Neville, Town Clerk Supervisor Scott Russell and Members of the Town Board William Duffy, Town Attorney From: Donald J. Wilcenski, Chairman J� Members of the Planning Board 1 Date: January 27, 2016 Re: Harold Reeve Change of Zone Application SCTM#1000-140=1-6 After review of the items submitted on January 5, 2016 by the applicant's attorney, Abigail A. Wickham, Esq., all requested items have been submitted and the application is now complete. ELIZABETH A. NEVILLE, MMIC 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 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William M. Duffy, Town Attorney Heather Lanza, Planning Director From: Elizabeth A. Neville, Town Clerk 4Q,, Re: Change of Zone Application of Harold R. Reeve & Sons, Inc. revised map submission Date: January 5, 2016 Enclosed is revised map for the change of zone application submitted by the applicant's attorney, Abigail A. Wickham, Esq. on January 5, 2016. Please review it and send me your comments and recommendations. Thank you. Cc: Supervisor & Town Board Members (copies will be available in Lasencche) LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-298-8353 JANET GEASA TELEFAX NO. 631-298-8565 awickham@wbglawyers.com December 31, 2015 Attn: Elizabeth Neville, Town Clerk Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Harold R. Reeve & Sons, Inc. Change of Zone Application County Road 48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-01-6 Dear Ms. Neville: WILLIAM WICKHAM (06-02) MOVED JANE .-5 2*) Southold' Town 064 I have enclosed the following items as required by the Planning Board's Memorandum dated September 15, 2015 (copy enclosed): 1. Six prints of the Map to Accompany Change of Zone Application last revised December 18, 2015; 2. Revised original Consent form signed by Mr. Reeve. Very ruly yours, 4Abil A. aWwi AAW/dm encl. Re/reeve/l trtownbdnevi lle cc • Planning Board Attn Alyxandra Sabatino, Planner 0 0 0 n1 0N 01 N N i 3 i 0 N 0 N 0 i N 0 i E 1 1 I, i i 1 t MATTITUCK GREEK TIE IN QI 501.1-7'00"1 44.34' 02 543'12'20"1 190.42' LOCATION MAP Scale: 1" = 6001 114.-2-12 Town of Southold Main Road Southold, NY IIg71 114.-5-1 Monica d Mike Limited company PO Box 128-7 Gvtchogve, NY IIg35 139 -5-q Richard B Tandy PO Box 188 Mattituck, NY 111152 Met. -3-24 Estelle O'Connell 200 Ba er Rd Mattituck, NY IICr52 1301 -3-25 Carroll J Harvey PO Box 351 Mattituck, NY IIg52 1341 -3-241 Candice Vadala 60 E 8th St New York, NY 10005 1341.-3-51.1 Regina A Orlowskl 315 Formers Rd PO Box 412 Mattituck, NY II452 13q. -B-32.1 John J Lenahan Diane R Fabb 62873 1Mdrift Rd Joseph, OR 47846 1541-5-35.1 Jenny T Skirel PO Box 53q Mattituck, NY 11,452 1541-5-34 county of Suffolk 13q-3-55 Richard E Drake Marie A Drake PO Box 525 Mattituck, NY IIg52 1341.-3-36 Ronald A Shapiro co rnello M Shapiro POBox 1576 Mattituck, NY IIg52 13Cr-3-3'7 Karen M Becker 265 Freeman Rd Mattituck, NY 11415213q.-3-38 Thomas E Fox Helen K Fox Freeman Rd PO Box 1045 Mattituck, NY II6152 1341 -3-341 James G McMahon Audrey J McMahon PO Box 540 Mattituck, NY IIg52 1341-3-40 Jerome E Zuhoski Deborah Zuhoskl 440 Freeman Rd Mattituck, NY 110152 1341.-3-41 Zazeski Living Trust 145 Conklin Rd PO Box 294 Mattituck, NY IIg52 1341 -3-42 Timothy L Nowalls Mary Anne Newalls 320 Freeman Ave PO Box 11501 Mattituck, NY II4152 1341-3-43 Kamen G McShane 240 Freeman Ave Mattituck, NY IIg52 LIST OF ONNER5 1341 -3-44 Rhodes Ruth Revocable Trust 106 Mossachusets Ad New Bern, 1,10.2a56,2 1341.-3-45 Ruth M Myers 1500 Wlckhom Ave Mattituck, NY IIg52-1612 134.-5-46 Ruth M Myers 1500 Wickham Ave Mattituck, NY 11952-1612 1541-5-4-T Valerie A VeNo Bruce W DeFlo 1450 Wickham Ave Mattltuck, NY IIg52 1341. 3-4b Fannie BieleMcz Attn: Edward Thompson 450 Theresa Dr Mattituck, NY 11,152 1341.-3-441 Riffat Minhas Absor AMinhas S01SO New Suffolk Ave PO Box 241'7 Mattituck, N1' 114152 13Cr -3-50 Peter 6ourlides Andrea 6ourlides 5 Elderwood Ln Melville, NY 1194'7 140-1-1 Stephanie Waggoner Anthony Waggoner IbgS Wickham Ave Mattituck, NY 111152 140-1-2 Leroy J Heyligar Louise Heyliger Wickham Ave Mattituck, NY IIg52 140-1-3 WI I IlomStars Karen A Clark PO Box 4142 Mattituck, NY II452 140.-1-4 Raymond 5milovich log8 Wickham Ave Mattituck, NY IIg52 140.-I-5 Albert Dlnizio Trust 44 Sunset Ln Greenport, NY 114144E 140.-1-b Harold R Reeve 6 cons Inc GR 48 PO Box 1441 Mattituck, NY 111152 140.-1-7 Dennls Kord PO Box 165-1 Mattituck, NY II4152 140.-I-8 Joyamaho Family Llmlited Partnership 243 Maiden Ln Mattituck, NY 11952 140-1-11 Gary W Swanson Linda H Swanson 20512 Pointe Regatta Dr Cornelius, NO 28031 140.-1-10 Mark McDonald PO Box 1258 Southold, NY IIB'71 140-1-11 Rita Martin 3406 5E Glacier Ter Hobe Sound, FL 33455 140.-1-12 5195 County Road LL -C PO Box 645 Mattituck, NY 11952 140.-I-13 6orman Love Lane Inc 25235 Route 25 PO Box Crab Gutchogue, NY 11935 140.-1-152 Peter E Orlowskl Deborah L Orlowski Love Ln PO Box 885 Mattituck, NY IIg52 140.-1-141.1 Mattituck Park District 140.-1-20 Michael Perivolarls Kathy Perivolarls PO Box 800 Mattituck, NY IIg52 140.-1-21 Thomas R Mercler Barbara Mercier PO Box 1423 Mattitvck, NY 110152 140: I-23.1 LI Sound Oyster LLC '7bl MITI Rd Riverhead, NY 110101 140x2-6 Jeffery Strong I0g5 Westview Dr Mattituck, NY IIg52 140 -2-7 Thomas Mllesko 1lckhom Ave PO Box 203 Mattituck, NY 11,152 140-2-a Thomas J McCarthy Susan M McCarthy PO Box 1266 Southold, NY 1101'7I 140.-2-q Thomas J McCarthy Susan M McCarthy PO Box 1266 Southold, NY [I -q-11 140.-2-10 Steven Raconolli 195 Oxford Blvd Sordoni City, NY 11530 140.-2-11 Philip J Gentonze Marilyn Gentonze PO Box 46 Mattituck, NY 11,152 140.-2-12 Joan M Romonowski Richard Stattler 5600 GR 4a Mattituck, NY 110152 140-2-I3 Scott Badeer Nancy H Bodeer 20 Redwood Dr Plolnview, NY 11803 140-2-14 Carolyn Senotore 7514 4th Ave W Bradenton, FL 3420q 140-2-15 Gary Doroskl 425 Monsell Ln PO Box Tal Gutchoguo, NY 110135 140 -2 -Ib JKK Enterprises LLC 640 Love Ln Po Box 1620 Mattituck, NY 11,152 140.-2-I-7 Chrlstophar Young 42 cherry St Colverton, NY IICr33 111 = MONUMENT SET M = MONUMENT FOUND A = 5TAKf-5ET ®= STAKE FOUND N 140. 2-I S Mary Ann Price 42 5 Forest Ave Rockville Centre, NY 11570 140.-2-22 Pauline 6ildersieeve PO Box 514 Mattituck, NY IIg52 140.-2-23 Michael Z Herbert 7Cr5 Pike 5t Mattituck, NY 11552 140.-2-24 Frances Margaret Keogh 875 Pike St PO Box 646 Mattituck, NY 11,152 140.-2-2LU Michael M Milner Tose-Milner Angela I Minetto Ln New York, NY 10012 140-2-50 John Divello Frances Divello lestpholia Rd PO Box 1402 Mattitvck, NY 11,152 140.2-31.1 MTA LIRR 140. 2-31 � MTA LIRR 141-5-26 Joseph D Domanskl Jdnet L Domanskl b65 Love Ln PO Box 1654 Mattituck, NY IIg52 141. 3-27 Margarat A Ashton 7415 Love Ln PO Box 457 Mattituck, NY IIg52 141.-5-28.1 Andrew T Fohrkolb Sharon Tuthill PO Box 645 Mattituck, NY IIg52 (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OFFENCES. (3) COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. 4 CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5) THE LOCATION OF WELLS (W), SEPTIC TANKS (ST) k CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. ht;0 4 El ,INV/ / 11�1 '5 9 � • ' 000 139 24 100 0 15 N O O � °° \ �� // \ \ O O 0 00 v' ` / ` Lo cP \ 00 \ 0 �' IS l 06 1000 ' 1 1000 114 3 1 /°' 1' O \� \ / MARINA / / 1000 114 2 1.2 1 �/ lipo o\\� �. AL' v� m I 0 I 2 o � I CC 70 1000 114 2 1.2 / }+ o _ � Op 01 100° \ o \ 1°°° IS JK tic '✓\ 1000 139 3 49 I �0 � • " ' 1000 OIx N(j th y 6>S o /O 1000 N\���. _ �o1�1 app �OQQ ti 6 1. �o \o o / - � 70 \ SFS �(� - �/- °°770 fl:.' 11 L3\' _. ryletb� ' lb , / OQ / �r7• / ' ✓ 100 S / _ 17 YO 60 11 0 0 / / 1 Qi 7 ` / ADO / c� O F,� 00 710 /4� , to kip 70 �Y7 '\ / OQ / - \O� 0 ` Q / / `° rx0 N \ \ i�- NIS,\ `�° `° 00 ` / \°'� O \QQO / �p0 -- Mm4 161 00 '.5r \O 40� 1P 1) I °O ` ' / °O 700 770 70 O ,R° JS \ \ 40 ' \ \ 16 �/\/ ° sz o c� 70, o°° \ ! = PROPOSED LIMITED BU51Ni-55 % < - °,� \ \ O \ QiO ✓ Lj (LB) ZONING USE DISTRICT 00 Ostrander Avenue, Riverhead, New York IId01 tel. 631.12"1.2303 fax. 631.'72'7.0144 odrnin@youngengincerin(3.com Howard W. Young, Land Surveyor Thomas G. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert G. Tost, Architect 51 TE DATA . -4 AREA = 5.1445 ,4GRE5 OR 224,086 SF EXISTING ZONING = RESIDENTIAL LOW DENSITY (i ACRE) (R-40) GENERAL BUSINESS (B) PROP05ED ZONING = LIMITED BUSINESS (LB) AREA OF FROF05ED (LB) ZONE = 80,400 SF NOTES I. ZONING BOUNDARY LINES 5HOWN HEREON TAKEN FROM TOWN OF SOUTHOLD NEW ZONING MAP, SECTION I OF 4, ADOPTED BY THE SOUTHOLD TOWN BOARD ON NOV. 30, 2004. ZONING D 15TRI OT5 B = GENERAL BUSINESS HB = HAMLET BUSINESS LB = LIMITED BUSINESS LI = LIGHT INDUSTRIAL 1"111 = MARINE II RO = RESIDENTIAL OFFICE R-40 = RESIDENTIAL LOW DENSITY (I ACRE) Ol^NER HAROLD R. REEVE AND SONS INC. PO BOX 1441 MATTITUCK, NEW YORK lIC152 5JRVEYOR'S CERTIFICATION * I HEREBY CERTIFY THAT THIS MAP WAS PREPARED UTILIZING BOUNDARY AND TOP06RAPHICAL eJJRVEYS MADE BY US AND/OR UNDER OUR DIRECTION. sf ) •V kqd . -,' }.- HOWARD W. YOUNG, N,Y.5. L.S. NO. MAI' FOR HAROLD R. R ENIE 5ON51 I NO. at Mattituck, Town of Southold Suffolk County, New York MAP TO AGGOMPANY GHANGE OF ZONE APPLICATION County Tax Map District 1000 Section 140 Block OI Lot o MAP PREPARED OCT. 25, 2013 Record o� Revisions RECORD OF REVISIONS DATE ADD U5E5 WITHIN 200' 100 O 50 100 200 300 Scale: 1" = 1001 JOB NO. 2012-0263 DWG. 2012_0263_zone change Date: 10/07/15 Quantity Transactions 1 Petition Notes: Payment Type CK #21477 ***RECEIPT*** Receipt#: 193845 Reference Subtotal 140.-1-6 $1,000.00 Total Paid: $1,000.00 Amount Paid By $1,000.00 Reeve, Harold & Sons Inc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Reeve, Harold & Sons Inc P.o. Box 1441 Mattituck, NY 11952 Clerk ID: BONNIED Internal ID: 140.-1-6 LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 awickham@wbglawyers.com September 22, 2015 Attn: Ms. Elizabeth Neville Town Clerk Town of Southold P.O. Box 1179 Southold, New York 11971 WILLIAM WICKHAM (06-02) Re: Harold R. Reeve and Sons, Inc. — Zone Change Premises: 1605 Wickham Avenue, Mattituck, New York 11952 SCTM#: 1000-140-1-6 Dear Mrs. Neville: As per your request, enclosed is our client's replacement check in the amount of $1,000. for the application fee. Very my yours, W Abigail A. Wickham AAW/dnt encl. 30/shdtownclerk cc: Alexandra Sabatino, Planning Bd. Norklun, Stacey From: Neville, Elizabeth Sent: Monday, August 24, 2015 9:55 AM To: Norklun, Stacey Subject: FW: Pending Reeve change of zone FYI LF -----Original Message ----- From: Lanza, Heather Sent: Monday, August 24, 2015 8:09 AM To: Neville, Elizabeth; Doherty, Jill; Duffy, Bill; Ghosio, Bob; Jim Dinizio; Kiely, Stephen; Krauza, Lynne; Standish, Lauren; Louisa Evans; Beltz, Phillip; Rudder, Lynda; Russell, Scott; Tomaszewski, Michelle; William Ruland Subject: RE: Pending Reeve change of zone To set the record straight on a few points (regarding the letter from the neighbors of this project). 1. We have never been confused about the process. The process was discussed and considered thoroughly between the Planning Board and Town Board. The Town Board elected to consider the zone change last year, and then agreed with the Planning Board that the subdivision process needed to be started (but not finished) so the exact line for the possible zone change could be identified (this was to avoid another split -zoned parcel if the results of the subdivision did not coincide with a new zone set by the Town Board). 2. We always intended to coordinate SEQRA with the Town Board for both actions. Of course the Zone Change would be the main action and the Town Board would be Lead Agency. The applicant needs to first complete their Zone Change application with the Town Clerk. 4. No one in the Planning Department stated that the current process was chosen to expedite the process. It was chosen (by both Boards) because it makes sense. We don't want to end up with a split -zoned parcel again, so if the zone change is eventually approved, it makes sense to identify where the lot lines would be. No one is rushing this application. We are simply processing it normally. 5. We agree with the neighbors about the SEQRA process being focused on the Zone Change first, and combining the actions. The Planning Board is now at the point in the subdivision process where the applicant has been advised to complete their zone change application so the SEQRA process can be started (with Town Board as Lead Agency). Please call or write with any questions. Heather -----Original Message ----- From: Neville, Elizabeth Sent: Friday, August 21, 2015 11:59 AM To: Lanza, Heather <heather.lanza@town.southold.ny.us>; Doherty, Jill<jill.doherty@town.southold.ny.us>; Duffy, Bill <billd@southoldtownny.gov>; Ghosio, Bob <bob.ghosio@town.southold.ny.us>; Jim Dinizio <jim@jamesdinizio.com>; Kiely, Stephen<stephen.kiely@town.southold.ny.us>; Krauza, Lynne<lynne.krauza@town.southold.ny.us>; Standish, Lauren <Lauren.Standish@town.southold.ny. us>; Louisa Evans <Ipevans06390@gmail.com>; Neville, Elizabeth <E.Neville@town.southold.ny.us>; Beltz, Phillip <Phillip.Beltz@town.southold.ny.us>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Russell, Scott <scottr@southoldtownny.gov>; Tomaszewski, Michelle <michellet@town.southold.ny.us>; William Ruland <rulandfarm@yahoo.com> Subject: Pending Reeve change of zone FYI Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Ce 11631466-6064 Your message is ready to be sent with the following file or link attachments: Letter_20150821104637 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. 8/14120/5 August 6, 2105 Southold Town Board Southold Town Hall PO Box 1179 Southold, NY 11971 Optimum Online Webmail RECEIVED AUG 2 0 2015 Southold Town Clerk RE: H. R. Reeve & Sons Application for Subdivision and Rezoning, Tax Map # 1000-140-1-6 Dear Members of the Town Board, We, the undersigned, are neighbors of the Reeve property and the surrounding community. We, and others, have found this application to be long in the applicant's discussions with the Town, short of necessary details around which the Town or the community can make an informed decision, lacking in a coordinated, comprehensive approach and overflowing with procedural questions and overall confusion. This is not how such an important and impactful decision should be debated and decided. In looking at how other towns handle such dual applications -- for both rezoning and subdivision -- the first step is to pass the application to the Town Board to address the application for rezoning. With this, it seems customary for the Town Board to take on lead agency status. Once the zoning issue is resolved, then the application would go to the Planning Board to address the application as it pertains to subdivision. This has not happened despite repeated requests from several community members. Members of the Planning Dept. have stated that the current path was done to expedite the application. Why is anyone wanting to rush or change the process? Expedition often involves passing over of key facts, less than complete understanding of facts and incomplete adherence to the very protections put in place to protect all parties. Some of these problems have already been exhibited in a faulty notification process and in a less than honest and incomplete environmental impact report. What's most troubling aspect of this faulty process is that no one is looking at this application in its entirety. There is no comprehensive look at environmental issues as required under SEQRA. And how can there be? The applicant wishes to not only change zone from "Business" to "Light Business" on the existing half -acre fronting CR -48, but they are asking to change zone of an additional 1.3 acres of "R-40" to "Light Business" and all with no plans for that lot except to sell it and increase the potential value of the whole property. The argument is that the change from "B" to LB" is less intensive. Well, it's not to the adjoining residential properties to the east and west where the current zoning is "R-40". More importantly, how can we make informed decisions about the impact of these changes with no information around its proposed use? How can the Town make a similar decision with no facts? Therefore, we are asking the Town Board to adjourn the Planning Board's work on this application and take the application to first address the requested zone change. This is how it is done data:te>Q/html;charset= utf-8,%3Cdiv%o20mce_soe%3D %22-w ebWt-te)d-stroke-width%3A0%3Bcol or%3A%23000000%3Bfont-fami ly0lo3AArial %3Bfont-size%3A1... 1/2 8/14i2016 Optimum Online V\Iebrnail elsewhere. This is how SEQRA requires the process to play out. We, the neighbors of the Reeve property, and other members of the overall Southold Community, deserve no less. Sincerely, a v\ j_ L Oz Y- J�- z )-/� "-, -N- -N " -,r^ C\— � -, 'v" Ch 5 -L- C1 �6CA \�Ao.\Oev) �oN),e- , I �AQ\-v\Ajc�l U) I 110 6 1 \4'.\', tP, 0 �j A-0 TbC L oq a -vu IAV /VY/w-5 6AY7 Q I) J AVE, ;r i~ A)y i� sz I)e/.3AArial%3Bfont-size%3Al... 2/2 data:te>cVhtrrd;charset=Litf-8,%3Cdi\/O/o2Onice—sNe%3D%22-webWt-te)d-stroke-Wdth%3AO%3Bcolor%3AO/o23000000%3Bfont-fari41 Ilk"i Ellr fS So Norklun, Stacey From: Neville, Elizabeth Sent: Friday, August 21, 2015 11:25 AM To: Norklun, Stacey Subject: Emailing: Request for new check_20150820145317 Attachments: Request for new check_20150820145317.pdf Stacey, Please place this in LF TC; C of Z Pending; Reeve Thanks BN Your message is ready to be sent with the following file or link attachments: Request for new check_20150820145317 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. ELIZABETH A. NEVILLE, MMC 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 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 20, 2015 Abigail A. Wickham Wickham, Bressler & Geasa, P.C. 13015 Main Road Post Office Box 1424 Mattituck, New York 11952 Dear Gail, In accordance with our telephone conversation this afternoon, I am returning check No. 21436 dated December 16, 2013 issued by Harold R. Reeve & Sons, Inc. which you submitted initially together with their change of zone application. Please submit a new fresh check in this amount in order to move the application forward. Thank you. FOR Yours truly, Elizabeth Neville Southold Town Clerk HAROLD R REEVE AND SONS INC 07-89 21436 5365 COUNTY RD 48 PO BOX 1441 MATTITUCK, NY 11952-0990 ,+� DATE 1-/rr u ! tLF � CCv 50-79t/214 TO THE PAY ORDER OF DOLLARS 3 pi;r }tie a�� Capital One, N.A. � II®0 2 L43Go 1®0 2 140 79 1 2'.0®4 2 248010`�j,..�-26®®1 5n® APPLICATION INCOMPLETE`.:3 REEVE CHANGE OF ZONE APPLICATION 2013 Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, May 14, 2014 10:58 AM To: Lanza, Heather Subject: FW: Reeve Change of Zone application Tracking: Recipient Lanza, Heather Heather, Has there been any further movement on this change of zone? Please advise._ Thank you, Betty Elizabeth A. Neville, MMC . Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 From: Krauza, Lynne Sent: Tuesday, May 13, 2014 1:13 PM To: Neville, Elizabeth Subject: FW: Reeve Change of Zone application F/Y/I — As we discussed. From: Lanza, Heather Sent: Thursday, May 01, 2014 11:48 AM To: Finnegan, Martin; Krauza, Lynne Subject: FW: Reeve Change of Zone application From: Lanza, Heather Sent: Friday, February 28, 2014 3:36 PM To: Neville, Elizabeth Cc: Cooper, Linda; Finnegan, Martin; Krauza, Lynne Subject: Reeve Change of Zone application Betty, Delivery Delivered: 5/14/201410:58 AM We received your request for comments and recommendations on the application referenced above. 1 I recommend the application be found incomplete because it is missing elements required by the code and also, as the applicant points out in the cover letter, the requested new zoning district boundary may change depending on the outcome of the subdivision process. So it is recommended that any requests from the Town to the applicant to make the application complete be put on hold until then. I will hold off on sending back the Checklist for Rezoning Petition form until then as well. Meanwhile, there is enough information provided to grant the applicant a work session appointment with the Town Board to determine whether they will elect to consider the zone change. I will bring this to the Planning Board on March 10th to get their initial recommendation also. Heather Heather Lanza, AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Phone: (631)765-1938 E-mail: heather.lanzaotown.southold.nu.us ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Martin D. Finnegan, Town Attorney Heather Lanza, Planning D' ector From: Elizabeth A. Neville I i Re: Change of Zone Application of Harold R. Reeve & Sons, Inc. Date: February 21, 2014 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Enclosed is the change of zone application submitted by the applicant's attorney, Abigail A. Wickham, Esq. on February 18, 2014. Please review it and send me your comments and recommendations. Thank you. i Cc: Supervisor & Town Board Members (copies will be available in Laserfiche) `� f APPLICATION INCOMPLETE Pending recbipt'� of circled items on checklist NAME OF APPLICATION: HAROLD R. REEVE g SONS, INC., submitted by Abigail A. Wickham Attorney DATE: 2 /21 /2014 TC TA PB ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION ❑O ❑ D Four (4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as.follows: * Onlyone (1) copy has original signatures, three (3) are p o ocopies. ❑ ❑ Fee of $1,000.00 ($500.00 for AHD) *--Check is dated 12 /13 /2013 ❑� . ❑ o Written notice to all property owners within 200' of property; mailed within 5 days preceding filing of petition*W`ritten notice is dated 12/13/2013, but -receipts of mailing are dated ❑ ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts *Photocopies of receipts dated 2/14/2014 were submitted NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice Published ❑ ❑, ❑ Meet all requirements for submitting zoning action pursuant to section 239 L & M of. General Municipal Law attached hereto ❑ ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office su t ti ttbd ❑ El Elix maps ra n a e = scale rdance with attached information sheet. *Fourho o hpies_-were submitted ❑ 13 ElSix (6) sketch'plan maps at the F'= 100' scale or the 1" = 20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk Date Signature Town Attorney Date Signature Planning Board Date Signature LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-298-8353 JANET GEASA TELEFAX NO. 631-298-8565 February 10, 2014 Town Clerk, Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Harold R. Reeve & Sons, Inc. Co -Rt -48 and Wickham Avenue, Mattituck, New York SCTM# 1000-140-01-6 Dear Ms. Neville: WILLIAM WICKHAM (06-02) We enclose an application fee of $1,000.00, together with the following papers, in connection with this change of zone application for a portion of the property listed above. The applicant seeks to up -zone the B zoned portion of the property to LB, and to down zone a portion of the property to LB, as shown on the enclosed map: 1. Request for Amendment and/or Change of Zone; 2. Notice to Adjacent Property Owners; 3. Survey showing proposed change of zone — 4 sets; 4. Metes and bounds description of proposed amendment; 5. Consent for Agents to act on Applicant's behalf; 6. EAF; 7. Copy of the tax map and Assessors Card; 8. Proposed subdivision map. The applicant is simultaneously submitting a subdivision application. We do not wish to finalize the zone change until the subdivision approvals are complete, as the zone line may change based on the road and lot layout for the residential portion of the property. We would appreciate a work session appointment with the Town Board and a deferral of the public hearing until the subdivision application has progressed toward final approval. AAW:csv Enc. Cc Town Attorney (Letter only) V tru ti1c;k_ Abigail A.. ' ' - UAK0\V K kH\} | ' / FOR HAROLD R REEVE AND SONS INC 07-89 21436 5365 COUNTY RD 48 PO BOX 1441 MATTITUCK, NY 11952-0990�j 50-791/214 DATE��-- TO THE PAY i+q�,4 /l ORDER OF r k&) LZ ��PV t;j�,, „I1„ :•rot: } ;""(� k tiy, ca t. - DOLLARS V. Ca it N / AsanK Capital One, N.A. II'02L43Gum 1: 0 2 140 79 1 21: 110 4 2 2 41110`-1 F, III SII' ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR 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(631)765-6146 Telephone (631) 765-1800 so utho ldtown. norfchfork. net REQUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: HAROLD R. REEVE & SONS, INC. (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000- 140-01- 6 A. SUBMISSION INFORMATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280 - 6 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (check those appropriate, write N/A where not applicable) 1,1/1. Four (4) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. V/2. Fee in the amount of $1,000.00($500.00forAHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. 1"3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred (500) feet of all boundaries of the property to be. amended. 1/4. Metes and bounds description of the proposed amendment. 10/1/2008 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: Proposed Subdivision Sketch Plan to be submitted to Planning Board, for information, only B. GENERAL INFORMATION: 1. Name of Applicant(s): Harold R. Reeve & Sons, Inc. Address: P.O. Box 1441, Mattituck, New York 11952 Telephone No. 631-298-9149 2. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: James F. Reeve, President Address: P.O. Box 1441 Mattituck, New York 11952 Telephone No.: 631-298-9149 3. Landowner(s): Harold R. Reeve & Sons, Inc. Address: P.O. Box 1441 Mattituck, New York 11952 Telephone No.: 631-298-9149 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who Prepared the plan: Name: Howard W. Young, Land Surveyor Young & Young Address: 400 Ostrander Avenue Riverhead, New York 11901 TelephoneNo .: 631-727-2303 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: Abigail A. Wickham, Esq. Title: Attorney Name of Firm: Wickham, Bressler & Geasa, P.C. Address: P.O. Box 1424, 13015 Main Road, Mattituck, New York 11952 Telephone No. 631-298-8353 6. All communication with regard to this application shall be addressed to the following Person until further notice: Name: Abigail A. Wickham, Esq. Title: Attorney Address: P.O. Box 1424, Mattituck, New York 11952 Telephone No.: 631-298-8353 awickham@wbglawyers.com C. SITE/PROJECT DATA: 1. Location of Property: N/W corner of Co. Rt. 48 and Wickham (north/south/east/west) (Street Ave.. Corner feet or road) of (nearest intersecting street) 2. Existing zoning district(s) B & R- 40 Special Overlay District(s), if applicable. 3. Requested zoning district(s) LB & R-40 4. Lot area: 224,086. sq. ft or acres (north/south/east/west) Mattituck (hamlet) 5.1443 5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE 12-29-60 4942 26 6. There are no encumbrances or liens against this land other than mortgages? 9" Yes No 7. All buildings and structures are shown on the survey? ✓Yes No (the Town Board reserves the right to request a complete survey showing all existing Structures.) 8. Existing: Building Area 3,478 sq. feet Lot coverage 1.6% 9. Please attach a detailed typewritten description of the project, the proposed use and Operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEQRA (See Part 617, NYCCR and Chapter 130 of Town Code) 1. Does the site Front on a Town, County of State Road (circle one) Name and number of the road (.e: C uo my Road 4) State Road 25) 2. Is the site within any other areas of review of the Suffolk County Planning Commission? Yes No. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York _ State Environmental Quality Review Act (SEQRA) and Chapter 130 of the Town Code? Yes V No. If yes, what area? 4. Type I, Type II of Unlisted action 'rcle one) An environmental Assessment form must be completed for Unlisted and Type I actions. — 5. Has an Environmental Assessment form or Draft Environmental Impact Statement been prepared? V Yes No. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. APPL ANT'S SIGNAftTRE Reeve, President Sworn to before me this day of Decem r, 13 Notary Public Cheryl Simons Notary Public, State Of New York No. 31-4970341 Qualified In Suffolk County Commission Expires February 4, 20 I -r F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or If the owner is a corporation or partnership) State of New York County of Suffolk JAMES F. REEVE being duly sworn, deposes and says that he/she resides at P.O. Box 1441, Mattituck in the County of Suffolk and the State of New York and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (circle) of the premises described in the foregoing application and that he/she has authorized Harold R. Reeve & Sons, Inc., and Wickham, Bressler & Geasa, P.C., as agent to make the foregoing application for amendment and/or change of zone as described here in. JAMES F. REEVE Name n re FA, k D C4 � If a corporation, name of corporation Officer's Title Sworn before me this day of December, 2013 Notary Public Cheryl Simons Notary Public, State Of New York No. 31-4970341 Qualified In Suffolk County Commission Expires February 4, 20 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk James R. Reeve being by me duly sworn, deposes and says: 1. I am an applicant for a project or an owner of the land which is the subject of a Pending application before the Southold Town Board for amendment and/or Change of zone. 2. The project name is: HAROLD R. REEVE & SONS, INC. 3. I reside at P.O. Box 1441, Mattituck, New York 11952 4. The Officers of the applicant corporation or owner corporation are as follows: James F. Reeve, President - 1Z 5. I make and complete this herein. the penalty of perjury and swear to the truth 6. I am aware that this affidavit is required by General Municipal Law 809 and that I Shall be guilty of a misdemeanor as provided by General Municipal law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before filing of this application, have an of the following Individuals made campaign contribution exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations Behalf: Yes No 1. Owner _X 2. Applicant y- 3. Agent for owner applicant X_ 4. Attorney X 5. Other If the answer to Question 7 is Yes, Town Code Chapter 26 require that the information be provided below: Name Title (Owner,Agent,Attorney,other) Amount ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ For the purpose ofthis disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employs, their spouse, brothers, sisters, partners, children, grand children or the spouse of an of them: a. Is the applicant or owner b. Is an officer, director, partner or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit -whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American stock Exchanges shall not constitute an interest for the purposes of this disclosure. ++++++++++++++++++ Hi ................................................ YOU MUST ANSWER THE FOLLOWING QUESTIONS YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? Yes No 1. Any official New York Yes No 2. Any official or employee of Southold town or Suffolk County Yes No I the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual(s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST o W orn. ID �t'� vim_ Cheryl Simons Notary Public, State Of New York No.31-4970341 Qualified In Suffolk County Commission Exoires February 4. 20 /J' Bvff 13 L cQ2Uv PROJECT DESCRIPTION Re: Proposed Standard Subdivision for Harold R. Reeve & Sons, Inc. 1605 Wickham Avenue, 5606 Wickham Ave., Mattituck, NY 11952 SCTM#: 1000-140-1-6 The applicant owns a 5.1443 acre parcel of property fronting on Co Rt. 48 and Wickham Avenue, Mattituck, NY. The portion of the property fronting on Co. Rt. 48 is zoned B -General Business. The rear of the property, which is wooded and fronts on Mattituck Inlet, is zoned R-40. The depth of the B zoned property is insufficient to provide an effective business site on this split zoned property. There would not be adequate room for parking or turn- around. Therefore, the applicant proposes to rezone the property as follows: 1. The B -zoned property will be upzoned to LB Light Business. 2. A portion of the R-40 zoned property will be downzoned to LB. This will create an 80,000 square foot parcel zoned LB, containing the existing commercial buildings for which a site plan exists, and a 144,086 sq. ft. (3.31 acre parcel of residential property. In addition, a subdivision is proposed whereby the resulting R-40 property will be divided into three residential lots along Mattituck Creek, with an access road from Wickham Avenue. Access to the LB parcel will be from Co. Rt. 48 only. This will create a more effective use of the property. The proposal is in keeping with the Draft Comprehensive Plan currently being reviewed by the Town. Goal 3, Section 3. 1, recommends concentration of commercial uses in the Hamlet/HALO areas. The B zoned portion of this property is shown within the HALO zone of the Mattituck Stakeholder's Study, and the proposed LB Zone area is immediately adjacent to it, and would be within the Hamlet area had the report not been arbitrarily drawn around it. Given the close proximity of this parcel to the Hamlet, to the highway system, and to boating access, it would be appropriate for the proposed development. The proposal is also consistent with the goals of Sections 3-4a. and 3-4c for the same reasons. The project falls squarely within the recommendation of 3-4c that "the existing agreage of commercial/industrial land be maintained and not reduced, recognizing that minor shifts in types and allowed uses in business zoning districts may be appropriate as noted under other objectives." TOWN BOARD TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE HAROLD R. REEVE & SONS INC TO To the Town Board of the Town of Southold ADJACENT PROPERTY OWNERS TO: Property Owners on List Attached YOU ARE HEREBY GIVEN NOTICE: I . That it is the intention of the undersigned to petition the Town Board of the town of Southold to request a _ Change of Zone - B to LB, and R-40 to LB 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax May #1000-140-1-6 Property Address: 1605 Wickham Avenue(5605."Cty.Rte:.448), Mattituck, NY 11952 3. That the property which is the subject of said Petition is located in the following zoning district:_ 5605 County Road 48 —1605 Wickham Avenue Mattituck New York 11952 4. That such Petition, the undersigned will request that the above described property be placed in the following zone district classification LB and R-40 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices, that you or your representatives have the right to appear and be heard at such hearina. Dated: December 13 . 2013 President Retition r: HAROLD R. REEVE & SONS. INC. Mailing ddress: P.O. Box 1441 Mattituck, New York 11952 PROOF OF MAILING NOTICE NAME SEE ATTACHED STATE OF NEW YORK SS COUNTY OF SUFFOLK ADDRESS Christine S. Viola -,residing at Cutchogue, New York being duly sown, deposes and says that on the 14th day of February , 2014 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Love Lane, Mattituck, New York ; that said Notices were mailed to each of the said persons by certified registered receipt mail Sworh to before me this 14th Day f i February , 20 14 N, DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18, QM z0,y az� o Signature Christine S. Viola )ITICK10Y 111% g A L U 5 RE rq I Postage $ $0.49 Postage $ $0.49 Return hec lepto Fee (Endorsement Required) $2.70 Certified Fee Restricted Delivery Fee (Endorsement Required) $3.30 $2.70 Here ReturnRe Is IFee (Endorsement Requred) $3.30 $2.70 I f. rk,,, Postmark,,'': F Sent To Albert Dinizio Trust E3 Total Postage & Fees [-$$6.49 'Sheet, Apt No.;----------------------------------------------------------------------- IHaI t Restricted Delivery Fee (Endorsement Required) or PO Box No. 44 Sunset Lane $0.00 Sent To Williamstars, Karen A. VIF-9 ---------------------------------------------------------------------- Greenport, New York 11944 Total Postage & Fees $ $6.49 Postage '--0 Sent To 1:3 Leroy & Louise Heyliger Sent To --------- A ----------------------------------------- - ------------------------------------ Street,, pt. No.; Wickham Avenue Raymond Smilovich Uri i &,i;jF-A;;f -ff6 ----------------------------- or PO Box No. 1098 - -------------------------------------------- Wickham Avenue ----------------------------------------------------------------------------------- ------ Cily, State, 7JP+4 Mattituck, New York 11952 Postage $0.49 02 -1 Certified Fee $3.30 3 j 03" Ostmark 4, tmark I 3 Return Reclept Fee 3 (Endorsement Required) -1 Restricted Delivery Fee $0.00 - -- ---- :1 (Endorsement Required) Restricted Deliver, Fee rl $ $6.49 1.1 ---"'r Total Postage & Fees GOFFTIF 1199-111. A L U E Postage $ $0.49 rq I Postage $ $0.49 Certified Fee ru Certified Fee 03' Return hec lepto Fee (Endorsement Required) $2.70 st rk *!�e 11,oie Restricted Delivery Fee (Endorsement Required) $0.00 $2.70 Here E3 Restricted Delivery Fee M (Endorsement Required) $3.30 Total Postage & Fees $6.49 O2/144 :- Sent To Albert Dinizio Trust E3 Total Postage & Fees [-$$6.49 'Sheet, Apt No.;----------------------------------------------------------------------- M i. or PO Box No. 44 Sunset Lane M M Sent To Williamstars, Karen A. VIF-9 ---------------------------------------------------------------------- Greenport, New York 11944 02714/2014..... IT! Postage M Sent To 1:3 Leroy & Louise Heyliger IF` --------- A ----------------------------------------- - ------------------------------------ Street,, pt. No.; Wickham Avenue •m, tp K Py i 141 A L 1 -Fit Uri i -5 $3.30 'c Postage $0.49 02 -1 Certified Fee $3.30 3 j 03" Ostmark 4, tmark I 3 Return Reclept Fee 3 (Endorsement Required) -1 Restricted Delivery Fee $0.00 - -- ---- :1 (Endorsement Required) Restricted Deliver, Fee rl $ $6.49 1.1 ---"'r Total Postage & Fees (Endorsement Required) 'n $0.00 =1 Se ItToephanie & Anthony Waggo---R!n ------------------------- - --------------------------------- 0 Street, Apt: N; 1695 Wickham Avenue or PO Box No. -------------------------- -------------- -- - --------- ciiy,sraie;ziP+a"Mattituck, NY 11952 REPIDYNNY 5,1 WENQElf rLl I CJTT1T',tJCKrNY 119Q. rl A L U S3 E rq I Postage $ $0.49 0952 ru Certified Fee nj E0 $3.30 Ezi =1 Return Reclept Fee - (Endorsement Required) $2.70 Here E3 Restricted Delivery Fee M (Endorsement Required) $3.30 $0.00 Ln $2.70 (Endorsement Required) E3 Total Postage & Fees [-$$6.49 VA4/2014 M i. Lr) M M Sent To Williamstars, Karen A. 1 hFH-A;;(-ffd --------- ----------------------------------------------------- or PO Box No. P.O. Box 942 ------------------------------------------------------------------------------- Chy, State, 21P+4 r Mattituck, New York 11952 r rq I ru MI =_R il E I Ij 11 111111 1 iff 12i� R REEMEM -5- MR nj E0 mClit6k 1 1119,54, �1 A L U N Postage $0.49 Certified Fee $3.30 E:l E3 Return Reciept Fee !7ostmark $2.70 (Endorsement Required) L Va $0.00 Restricted Delivery Fee ED (Endorsement Required) i. Lr) 17� $ $6.49 E3 Total Postage & Fees 02714/2014..... IT! Postage M Sent To 1:3 Leroy & Louise Heyliger IF` --------- A ----------------------------------------- - ------------------------------------ Street,, pt. No.; Wickham Avenue orP0BoxNo. Certified Fee --------------------------------------------------------------------- Mattituck, New York 11952 $3.30 EZI ; : : I , 0 � y A Ir" I!� I I Dom -. MI Fu :i 5:22 •sk'=106• •11, nj 6`iiq itt, L ol 17� Postage $ $0.49 0952- ru E3 Certified Fee $3.30 EZI Postmark\' .4.70 E3 Return Reclept Fee (Endorsement Required) Here E3 Restricted Deliver, Fee EJ (Endorsement Required) $0.00 Lrl - Total Postage & Fees $ $6.49 14- M E3 Sent To 1=1 Town of Southold 17� .�M --------------------------------------------------------------------- ------------ Apt.No.'or po Box No. Main Road ---ity, --------------------------------------------------------------------------------------- CState, ZIP+4 Southold, NY 11971 Property Description Harold R. Reeve & Sons, Inc. 1000-140-1-6 Property to be zoned LB Limited Business: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, located at Mattituck, Town of Southold, Suffolk County, New York, and more frilly bounded and described as follows: BEGINNING at the southeasterly corner of the premises described, at the southwesterly corner of land now or formerly of Dinizio, distant 190.42 feet from the intersection of the westerly end of a curve or line connecting the northerly side of Middle Road (Co Rt. 48) with the westerly side of Wickham Avenue; and from said point of beginning running along the northerly side of Middle Road (Co. Rt. 48) South 43 degrees 12' 20" West 265.39 feet to Maiden Lane; Running thence along the westerly side of Maiden Lane North 48 degrees 57' 30" West 301.61 feet: Running thence South 41 degrees 02 minutes 30 seconds West 94.89 feet; Running thence along the arc of a curve bearing to the right, having a radius of 50 feet, a distance oi' 29 feet; Running thence along the are of a curve bearing to the left, having a radius of 25 feet; a distance of 26.18 feet; Running thence North 43 degrees 12' 20" East 88.40 feet to land now or formerly of Heyliger; Rumling thence South 39 degrees 07' 20" East 67.52 feet; Running thence South 43 degrees 41' 20" East 227.79 feet to the northerly side of Co. Rt. 48 to the point or place of beginning. Subject to adjustment of northerly boundary pursuant to subdivision map: Remaining property will remain R-40 Residential zoned. CONSENT Re: Premises: 5605 Co Rt. 48,1605 Wickham Avenue, Mattituck, NY 11952 SCTM#: 1000-140-1-6 JAMES F. REEVE, as President of HAROLD R. REEVE & SONS, INC., the owner of the above referenced property (the "Premises"), consents to acid authorizes: The firm of Wickham, Bressler, & Geasa, P.C., attorneys; and Young and Young, Land Surveyor; and their engineers, agents, employees or contractors retained by any of the above and any of their representatives and/or agents: a) to make application to the Southold Town Board for approval of a change of zone to a portion of the property from Business to Limited Business (B to LB); b) to make application to the Town of Southold Planning Board for approval of a four lot subdivision, c) to make application to the Suffolk County Department of Health Services for a realty subdivision and any other matters related to the property; d) to obtain from Suffolk County Water Authority information, related to public water availability and contracts for provision of same; e) to apply to the Southold Town Board of Trustees and NYS Department of Environmental Conservation for information, permits, administrative permits or letters of non jurisdiction with respect to any of the above applications; and f) to deal with and make applications to any other authorities or agencies having jurisdiction over said Premises (Agencies) and for any other matters required to obtain such approvals or obtain information from such Agencies. This authorization shall include all matters in connection with those applications and matters. Dated: December /3 2013 HAROLD R. REEVE & SONS, INC. By: mes .Reeve, Presid It Sworn to before me December 13, 2013 r N ary Public Cheryl Simons Notary Public, State Of New York re%onsenlReeve No. 31-4970341 Qualified In Suffolk County Commission Expires February 4, 20 Full Environmental Assessment Form Part I - Project and Setting Instructions for Completing Part 1 Part I is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is `N6", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part I is accurate and complete. A. Project and Sponsor Information. Name of Action or Project HAROLD R. REEVE & SONS, INC. Project Location (describe, and attach a general location map): NW corner of Co. Rd. 48 and 1605:.Wickham Ave., Mattituck, New York Y Description of Proposed Action (include purpose or need): Change of Zone — B --:to LB Name of Applicant/Sponsor: 631-298-9149 F. Reeve, President :: ETIph":James Address: P.O. Box 1441 City/PO: Mattituck State: NY ZipCpde11952 Project Contact (if not same as sponsor; give name and title/role): Telephone: Abigail A. Wickham, Esq. 631-298-8353 Wickham, Bressler & Geasa, P.C. E-Mailawickham@wbglawyers.com Address: P.O. Box 1424, 13015 Main Road, Ma: Matt ttituck State: Zip Code: NY 11952 Property Owner (if not same as sponsor): Telephone: E -Mail: Address: City/PO: State: Zip Code: Page 1 of 13 1 RESET FORM B. Government Approvals B. Government Approvals Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, P9Ycs0Ko or Village Board of Trustees G ZI l o 7.6) !� b. City, Town or Village YesONo Planning Board or Commission I cS V W I V-1 S L-0 t) 'Ll i!) I Zo 1 q c. City Council, Town or OYes(,qNo c. Is the proposed action located wholly or partially within an arca listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): Village Zoning Board of Appeals d. Other local agencies OYes®No e. County agencies WYesONo �t) FgSjk CO � s Awc&a-)1 Z© ) f. Regional agencies OYcsONo g. State agencies ®Ycso"' A y S D E L '311 l zo) q' h. Federal agencies ❑YesolNo i. Coastal Resources. 1. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ❑Yes10 If Yes, U. Is the project site located in a community with an approved Local Waterfront Revitalization Program? YesEINo W. Is the project site within a Coastal Erosion Hazard Area? 0 YeQ( ,lo C. Planning and Zoning C.I. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a pian, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 j2`YesDNo C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? [1YesONo ❑Ycsmho b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway Brownfield Opportunity Arca (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): C3Yes1XNo c. Is the proposed action located wholly or partially within an arca listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): QYesMNo Page 2 of 13 1 RESET FORM C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. If Yes, what is the zoning classification(s) including any applicable overlay district? ®Yes❑No b. Is the use permitted or allowed by a special or conditional use permit? ❑ Yes®No c. Is a zoning change requested as part of the proposed action? If Yes, L What is the proposed new zoning for the site? L d O ® Yes❑No CA. Existing community services. a. In what school district is the project site located? /Y)'n,:JJ^r4- C-, �- no�12 b. What police or other public protection forces serve the project site. --. 15014ko 1A c. Which fire protection and emergency medical services serve the pro. ct site? d. What parks serve the project site? L ��11t L,iSJV ICI SOf CdLl �� .�&J' S D. Project Details D.I. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? IY11 Vcci = Cc�mrnere�a,Q y-- Y'esl c�e�-h�,Q b. a. Total acreage of the site of the proposed action?I[�tf�acxes b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor?31cres c. Is the proposed action an expansion of an existing project or use? ❑ yesmo L If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ,Yes ❑No If Yes, 1. Purpose or type of subdivision? e.g., residential, industrial, commercial; if mixed, specify types) 10 er)M rci r�sccQp� ,cQ /I. Is a cluster/conservation layou proposed? ©Yes No lit. Number of lots proposed? 111 '' /O� y iv. Minimum and maximum proposed lot sizes? Minimum `ItJ I v� Maximum e. Will proposed action be constructed in multiple phases?%� ❑Yes❑No 1. If No, anticipated period of construction: months H. if Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month ^ycar • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 RESET FORM f. Does the project include new residential uses? Yes❑No If Yes, show numbers of units proposed. One Family Two Family Three Fami[v Multiple Family Ltourgr more Initial Phase At completion of all phases g. Does the proposed action include new non-residential construction.(including expansions)? :Yesk(No If Yes, • i. Total number of structures _ A Dimensions (in feet) of largest proposed structure: height; width; and length HE Approximate extent of building space to be heated or cooled: square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any ❑YespNo liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: U. Ifa water impoundment, the principal source of the water: ❑ Ground water [I Surface water streams DOtherspecify: M. If other than water, identify the type of impounded/contained liquids and their source. ix Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? E]Yes No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i . What is the purpose of the excavation or dredging? U. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): • Over what duration of time? M. Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? Yes No Ifyes, describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? f ]YesONo & Summarize site reclamation goals and plan: b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment ❑YesyN_o into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): Page 4 of 13 RESET FORM Page 5 of 13 1 RESET FORM ii. Describe how the proposed action would affect that waterbody or wetland, e.g, excavation, fill, placement of structures, or alteration of channels, jbanks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: - r�A iii. Will proposed action cause or result in disturbance to bottom sediments? ❑Yes®No If Yes, describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑ Yes91No If Yes: • acres of aquatic vegetation proposed to be removed • expected acreage of aquatic vegetation proposed to be removed • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: • if chemicaUherbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c. Will the proposed action use, or create a new demand for water? myes[3qo If Yes: i. Total anticipated water usage/demand per day: `rP-D gallons/day A Will the proposed action obtain water from an existing public water supply? ®Yes ❑No If Yes: • Name of district or service area: 5C W A • Does the existing public water supply have capacity to serve the proposal? IBJ Yes❑ No • Is the project site in the existing district? EXE Yes❑ No • Is expansion of the district needed? ❑ Yes® No • Do existing lines serve the project site? R1Yes❑ No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes QNo If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s) of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? Yes(No ❑ If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed sources) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: V Tfwater supply will be from wells (public or private), maximum pumping capacity: gallons/minute. d. Will the proposed action generate liquid wastes? ❑Yes[@No If Yes: L Total anticipated liquid waste generation per day: gallons/day A Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): M. Will the proposed action use any existing public wastewater treatment facilities? ❑YesONo If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes [No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 1 RESET FORM • Do existing sewer lines serve the project site? • Will line extension within an existing district be necessary to serve the project? If Yes: ❑Yes❑No ❑Yes❑No • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? If Yes: ❑Yes)gNo • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying receiving water (name and classification if surface discharge, or describe subsurface disposal plans): proposed vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (Le: sheet flow) during construction or post construction? If Yes: ❑Yes]RNo i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres (impervious surface) Square feet or acres (parcel size) U. Describe types of new point sources. W. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? IV. Does proposed plan minimize impervious surfaces, use pervious materials or collect and reuse stormwater? ❑Yes❑No ❑Yes❑No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fM combustion, waste incineration, or other processes or operations? If Yes, identify: []YesJONo ' L Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) ii. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) iii. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, or Federal Clean Air Act Title IV or Title V Permit? If Yes: ❑Yes No L Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ambient air quality standards for all or some parts of the year) U. In addition to emissions as calculated in the application, the project will generate: • Tons/year (short tons) of Carbon Dioxide (CO2) • year (short tons) of Nitrous Oxide (N20) ❑YekNo —Ton • Tons/year (short tons) of Perfluorocarbons (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) • Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Tons/year (short tons) of Hazardous Air Pollutants (HAPS) Page 6 of 13 RESET FORM h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, DYe$QNo landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): H. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): L Will the proposed action result in the release of air pollutants from open-air operations or processes, such as DYesg]No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial new demand for transportation facilities or services? DYes®No If Yes: i. When is the peak traffic expected (Check all that apply): O Morning ❑ Evening OWeekend D Randomly between hours of to U. For commercial activities only, projected number of semi -trailer truck trips/day: X. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? []Yes[]No v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: vi. Are public/private transportation service(s) or facilities available within %z mile of the proposed site? vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric or• other alternative fueled vehicles? EC YesONo []Yes®No viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing pedestrian or bicycle routes? DYes®No k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand for energy? []Yes®No If Yes: i. Estimate annual electricity demand during operation of the proposed action: A Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): W. Will the proposed action require a new, or an upgrade to, an existing substation? E]YesONo 1. Hours of operation. Answer all items which apply. N / P} L During Construction: U. During Operations: • Monday - Friday: • Monday - Friday: • Saturday: • Saturday: • Sunday: . Sunday: • Holidays: • Holidays: Page 7 of 13 1 RESET FORM m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑ Yes RNo operation, or both? If yes: L Provide details including sources, time of day and duration: fl. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? El Yes ONo Describe: n.. Will the proposed action have outdoor lighting? ❑ Yes WNo If yes: 1. Describe source(s), location(s), height of iixture(s), direction/aim, and proximity to nearest occupied structures: U. Will proposed action remove existing natural barriers that could act as a light barrier or screen? []Yesl4No Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest ❑ Yes IRNo occupied structures: p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) ❑Yes®No or chemical products (185 gallons in above ground storage or an amount in underground storage)? If Yes: L Product(s) to be stored U. Volume(s) per unit time (e.g., month, year) M. Generally describe proposed storage facilities: q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, ❑ Yes 5QNo insecticides) during construction or operation? If Yes: L Describe proposed treatment(s): H. Will the proposed action use Integrated Pest Man ement Practices? ❑ Yes No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal of solid waste (excluding hazardous materials)? ❑ Yes Rc No If Yes: L Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation : tons per (unit of time) fl. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 1 RESET FORM s. Does the proposed action include construction or modification of solid waste management facility? ❑ Yes Dff No If Yes: i. 'Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ii. Anticipated rate ofdisposal/processing: • Tons/month, if transfer or other non-combustion/thennal treatment, or • Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: years t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑ Yes ®No waste? If Ycs: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: U. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated __ tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes: provide name and location of facility: _ _^ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. ❑ ,Urban ❑ Industrial WCommercial ® Residential (suburban) ❑ Rural (non -fart) ❑ Forest ❑ Agriculture 2 Aquatic ❑ Other (specify): H. If mix of uses, generally describe; t iZesicle4la.Q a mann' j Co mrner-ctC& ; AU+0 Se) in e 1%J. CC�yvi'VGc c'S b. Land uses and covettypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres • Roads, buildings, and other paved or impervious surfaces o n • forested 4 5 �• q, �-• • Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) • Agricultural (includes active orchards, field, greenhouse etc.) • Surface water features (lakes, ponds, streams, rivers, etc. • Wetlands (freshwater or tidal) j • Nott -vegetated (bare rock, earth or fill) • Other Describe: Page 9 of 13 1 RESET FORM t site presently used by members of the community for public recreation? lain: ❑Ye No FArethcrey facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ters, or group homes) within 1500 feet of the project site? ❑Ye No L Identify Facilities: e. Does the project site contain an existing dam? If Yes: ❑Yes®No L Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet fl. Dam's existing hazard classification: W. Provide date and summarize results of last inspection: f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: 1. Has the facility been formally closed? • If yes, cite sources/documentation: ❑ Yes[] No U. Describe the location of the project site relative to the boundaries of the solid waste management facility: M. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: ❑ YesRNo i. Describe waste(s) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any remedial actions been conducted at or adjacent to the proposed site? If Yes: E]Yesq No 1. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site Remediation database? Check all that apply: ❑ Yes — Spills Incidents database Provide DEC ID number(s): ❑ Yes — Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ❑Yes❑No I/ . If site has been subject of RCRA corrective activities, describe control measures: M. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? If yes, provide DEC ID number(s): ❑Yes❑No Iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 RESET FORM v. Is the project site subject to an institutional control limiting property uses? ❑ Yes®No • Ifyes, DEC site ID number: • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? / f)t- feet b. Are there bedrock outcroppings on the project site? If Yes, what proportion of the site is comprised of bedrock outcroppings? % ❑ YesoNo c. Predominant soil type(s) present on project site: a� o� d. What is the average depth to the water table on the project siteT Average: feet e. Drainage status of project site soils:R' Well Drained: % of site ❑ Moderately Well Drained: % of site ❑ Poorly Drained % of site f. Approximate proportion of proposed action site with slopes:0-I0%: % of site 1910-15%: % of site ❑ 15% or greater: % of site g. Are there any unique geologic features on the project site? If Yes, describe: Yes No h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, ponds or lakes)? PYes❑No U. Do any wetlands or other waterbodies adjoin the project site? JqYes❑No If Yes to either i or ii, continue. If No, skip to E.2.i. /it. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, state or local agency? RYes❑No iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size , a • Wetland No. (if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality -impaired ❑Yes ❑No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: i. Is the project site in a designated Floodway? ❑Yo j. Is the project site in the 100 year Floodplain? h71YesONo 1 k. Is the project site in the 500 year Floodplain? �yt es❑No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? If Yes: IX�jYes❑No L Name of aquifer: Page i I of 13 1 RESET FORM in. Identify the predominant wildlife species that occupy or use the project site: n. Does the project site contain a designated significant natural community? ❑Yes�No If Yes: \\ i. Describe the habitat/community (composition, function, and basis for designation): U. Source(s) of description or evaluation: W. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑ YeQNo endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of D Yes®No special concern? q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? ❑Yes(glo If yes, give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to ❑YesONo Agriculture and Markets Law, Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? ❑Yes9JNo L If Yes: acreage(s) on project site? A Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National 0Yes3gNo Natural Landmark? If Yes: i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature fl. Provide brief description of landmark, including values behind designation and approximate size/extent: t site located in or does it adjoin a state listed Critical Environmental Area? ❑YesjQNo rYes: : esignation: g agency and date: Page 12 of 13 1 RESET FORM e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ❑ Yes1] No which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the State or National Register of Historic Places? If Yes: ` i. Nature of historic/archaeological resource: OArchaeological Site ❑Historic Building or District U. Name: M. Brief description of attributes on which listing is based: f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for ❑YesoNo archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑Yes j2[No If Yes: i. Describe possible resource(s): A Basis for identification: h. Is the project site within five miles of any officially designated and publicly accessible federal, state, or localYes[tNo scenic or aesthetic resource? AJ If Yes: L Identify resource: H. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): M. Distance between project and resource: miles, i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑ YesMNo Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ff. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑YesONo F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information prov'ded is true to/th�e�best o�y knowledge. ApplicanUSponsorNamc�r�` Signature ,,:f`Q/L %J Gl/i C/� f,/J-yy,� Titles/" PRINT FORM I Page 13 of 13 1 RESET FORM OWN! PE ®lJ. T- OWNER . ME& : - _MLLAGE A,, FORMER QW NER' N E- ye, 64 e -k- Q'Fd W a OF BUILDING - --------- 9Z Woodland .Swampl.and FRONTAGE ON WATER 79, Brushland ....... .. .... ... ..... FRONTAGE ON ROAD House. Plot R , 7Z, DEPTH BULKHEAD Total DOCK COMM. CB. MISC. Mid. ValueSEAS. REMARKS q17:;q% -ST. SUB. LOT' LAND a OF BUILDING - --------- 9Z Woodland .Swampl.and FRONTAGE ON WATER 79, Brushland ....... .. .... ... ..... FRONTAGE ON ROAD House. Plot R , 7Z, DEPTH BULKHEAD Total DOCK COMM. CB. MISC. Mid. ValueSEAS. REMARKS q17:;q% VL. FARM LAND IMP. TOTAL DATE , tzl- 'AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per -Acre Value Tillable 2 a OF BUILDING - --------- 9Z Woodland .Swampl.and FRONTAGE ON WATER 79, Brushland ....... .. .... ... ..... FRONTAGE ON ROAD House. Plot R , 7Z, DEPTH BULKHEAD Total DOCK �P- :JI . ..... ...... COLOR '�Ptlhdatlon Bath c S� -------------- Dinette Qgb P 7.— merit m Floors — K. 3 4, B, alis. Ynt*�'rior �'fnish LR. Fire Place Heat DR. :Z Type R6of" ............ .... . ........... . . 7 �-Rooms .,T.,.;..;- Ro' 1st Floor BR. Recreation Room - --------- 7 -- Rooms 2nd'Flo'* Floor FIN. B. - --------- DoI riveway t 77. 4 A 120 LD � , GCVE - SO 1�JS� l NC , �v'o MATTITUGK GREEK` 1140°26'22 E N55° 4N'_ 16.10' - 1135 "E / "I-, 114.85' N50°28'05"E N48°45_'I6'E8._ N56°41'53^E --------------------64_96' A ♦' � > ____ �__ •War •°> i e \ -yul is (0 `y0. �^23 � Q _----`--�•!.S S,� e��.`S Rt?e 'oo N` � � 0 eS •T9> �o s� ` y� 2 9R 3 B° `�`.°\ Sc J N �U 6Sc :Vs>>S� p�j 'so LS1lS1 'W r l .� .WBO \♦♦ $OS \ '/y,. '�'� 1 '`♦ / . " I51. -i °wvn _._._._._._ _--! \_J58 ri.� '' ♦` I �-$8 1 •• 1 N43°12'20'E p R-40 ZONE 1 J '' V) i p� s� 1254' TO REMAIN ro 547°38'OOdV4 $C 'a\ \\ ewnJ,ll 'ro N4312'20'E 111 A •> i J I q � 1 •� � e' -I}v.84' 23836' � \auw't\r R-40 bLONE i TO RF -MAIN i -ccIP, A GREEKx VIEW L,NE (P ,ATE) sN,` 43 J\230"E - - ---- -1s-- - _r ,r---- 0!" 94.89' 1ly I 541°023 Qrry be: '' ay°=L N 547°3'B'00'k!ti 'BroN � ab 1 1 M=Tzi BUILOINb �'e, W'� , �2 ' ;. -•ti now or formerly Leroy J. Heyliger a°J. m 'dJ ---- 1 \`'. s;. '_'•or Pace 1' I I '1 I \ 1 I' J i' .1. J.:- SioCIG\pe _ _____ ___-___ ___ `-_-_ \I I ^' 1 \ 1 M ,. 1•'.:,''• '..+. i• sate _ 1 1 \ 1 99 '1• . _oo' \a, ;� 1 II w ; tl is ; € now or formerly \ ` \ PROPOS, 1+6 ZQ i Karen Ann Clark B Anthony Rutkowski J - .. , �♦` _ _ d-' I .a� \I . I\ ; • �\ .-zf.r � 9TCCJ'•/.De _ — — _ _ — — — �� — — � — — �'s °� ��, •�/SF 0. F `` .il `\I 1 ` •'� d _ now or formerly S> �y� ; ;` O'�: I Raymond Smllovtch lo '2Br�`1\ ps 'QD\�`� •W4 �� I yes I; �• P ge now or Formerly Albert Dinizio Trst a, O �, f � s�°eF � - - �'°�' 65.3 �'•L r� ---..-_... �.. � � � ..� • ._ :ao [�� --... ,.. '— :•,,�' 543 L2.3�"W {B,�y .----_._,_,....._ ..I.. _ .-....:__..-. -� -. _ ;a, �••4 J<f ... �J - �.G;r.. �.� � �-•-vinnie'i nnle+-......., .. _ .-. _ .. . J peeve - ` (4o E 0 0 ci D_ MATT17UCK GREEK / <o LOCATION MAP Scale: I" = 600' 114.-2-12 Town e Southold Main Road Southold, NY 114111 114-3-1 Monica 3 Mike Limited Company PO Box 12?i1 Gutchogue, NY 11935 139 -3-9 Richard B Tandy PO Box 155 Mattituck, NY 11952 151.-5-24 Estelle O'Connell 200 Bayer Rd Mattituck, NY 11952 1341.-5-25 Carroll J Harvey PO Box 351 Mattituck, NY 11952 151-5-241 Candice vadala 60 E 5th 5t Naw York, NY 10003 159. 3-31.1 Regina A Orlowskl 315 Farmers Rd PO Box 412 Mattituck, NY 11952 139x3-32.1 John J Lenahan Diane R Fabb 625'13 Hindrlft Rd Joseph, OR 91546 139 -3-33.1 Jenny T Skirel PO Box 3341 Mattituck, NY 11952 1541.-B-54 County of Suffolk Oct -3-35 Richard E Drake Morle A Drake PO Box 525 Mattituck, NY 11952 139.-5-36 Ronald A Shooiro Cornelia M Shapiro PO Box 1516 Mattituck, NY 11452 159 -3-51 Karen M Rocker 265 Freeman Rd Mattituck, NY 1!952 139x5-�5 Thomas E Fox Helen K Fox Freeman Rd PO Box 1045 Mottituck, NY 11952 154-3-39 James C McMahon Audrey J McMahon PO Box 340 Mattituck, NY 11452 1317-3-40 Jerome E Zuhoski Deborah Zuhoskl 440 Freeman Rd Mattltvck, NY 11952 139.-3-41 Zozeskl Living Trust 145 Conklin Rd PO Box 254 Mattituck, NY 110152 139-3-42 Timothy L Newalis Mary Anne Newalls 520 Freeman Ave PO Box 1159 Mattituck, NY 110152 139 -3-45 Karen C McShane 240 Freeman Ave Mattituck, NY 110152 LIST OF OINNER5 139: 5-44 Rhodos Ruth Revocab!e, Trust 106 MoSsaGhV5et5 Rd New Bern, NG 28562 139.-3-45 Ruth M Myers 1500 Hickhom Ave Mattituck, NY 11952-1612 139 -5-46 Ruth M Myers 1500 Wickham Ave Mott!tuck, NY 11952-1612 139-5-41 Valerie A DeF!e Druce H DeFlo IA50 Hlckhom Ave Mattituck, NY 11452 15cl-3-4b Fannie Blelewicz Attn: Edward Thompson 450 Theresa Dr Mattituck, NY 11452 139 -3-441 Riffat Minhas Absor AMinhos 5950 New 5uffo0k Ave PO Box 291 Mattituck, NY 1102 139 -3-50 Peter eourildes Andrea eovrild0S 5 Elderwood Ln Melville, NY 11141 140.-1-1 5tephanle Haggoner Anthony Waggoner 1695 Rickham Ave Mattituck, NY 0952 140-1-2 Leroy J Heyliger Louise Heyllger hickhom Ave Mattituck, NY 111+52 140-1-3 WII IlamStars Karen A Clark PO Box 1142 Mattituck, NY 11052 140.-1-4 Raymond SmIIOVich 1045 Rickham Ave Mottitvck, NY 114152 !4D.-1-5 Albert Dlnizio Trust 44 Sunset Ln C; eenport, NY 11C44 140.-1-6 Harold R Reeve t Sons h -c OR 45 PO Box 1441 Mattituck, NY 11952 40.-l-7 Dennis Kord PO Box 1651 Mattituck, NY 11452 140.-1-5 Joyomoho Famliy Limited Portnership 243 Maiden Ln Mattituck, NY 11452 140-1-4 Gary H Swanson Linda H Swanson 20512 Pointe R.egatta Dr Cornelius, NG 25031 140.-1-10 Mark McDonald PO Box 1255 Southold, NY 119'11 140 -1-1I Rita Martin 3406 5E Glacier Tar Hobe Sound, FL 33455 140.-1-12 5115 County Road LLC, PO Box 645 Mattituck, NY 114!=2 140.-1-13 Gorman Love Lane Inc 25255 Route 25 PO Bax 455 Cutchcgue, NY 114135 140.-1-15.2 Peter E Orlowski Deborah L Orlowski Love Ln PO Sox bb5 Mattituck, NY 11952 140.-I-141.1 Mattituck Pork District 140-1-20 Michael Perlvolarls Kathy Perivoloris PO Box 500 Mattituck, NY 11952 140-1-21 Thomas R Mercier Barbara Mercier PO Box 1423 Mattituck, NY 11952 140.-1-23.1 LI Sound Oyster LLC, 181 MITI Rd Riverhead, NY 11401 140.-2-6 Jeffery Strong 1095 Hestview Dr Mattituck, NY 11452 140.-2-1 Thomas Mlleska hickham Ave PO Box 203 Mattituck, NY 11952 140-2-5 Thomas J McCarthy Susan M McCarthy PO Box 1266 Southold, NY 114111 140-2-41 Thomas J McCarthy Susan M McCarthy PO Box 1266 Southold, NY 11411 140-2-10 Steven Raoanell! 115 Oxford Blvd Garden City, NY 11530 140-2-11 Philip J Centonze Marilyn Centonze PO Box 46 Mattituck, NY 114152 140-2-12 Joan M Romonowski Richard 5tottler 5600 CR 45 Mattltuck, Mr 11952 140.-2-15 Scott Badoer Nancy H Badger 20 Redwood Dr F!ainvlam i:Y 11503 140.-2-14 Carolyn 5enatore 1514 4th Ave H Bradenton, FL 34204 140-2-15 Gary Doroskl 425 Monsell Ln PO Box 151 Gutchogue, NY 11435 140-2-16 JKK Enterprises H r, 640 Love Ln PO Box 1620 Mattituck, NY 110152 140 -2-IT Christopher Young 42 Cherry rdt Gaiverton, NY 11,155 0 = MONUMENT SET R = MONUMENT FOUND z�, = STAKE SET A = STAKE FOUND 140.2 -IS Mary Ann Price 42 5 Forest Ave Rockville Centre, NY 115'10 140.-2-22 Pavllne Gildersleeve PO Box 514 Mattltuck, NY 11,152 140.-2-25 Michael Z Herbert 1415 Pike St Mattituck, NY 11952 140.-2-24 Frances Margaret Keogh 515 Pike 5t PO Box 646 Mattituck, NY 11452 140-2-24.1 Michael M Milner Tese-Milner Angela I Mlnetta Ln New York, NY 10012 140.-2-30 John Divello Frances Divello Hestpholla Rd PO Sox 1402 Mattituck, NY 114152 140.-2-31.1 MTA LIRR 140.-2-51.2 MTA LIRR 141.-3-26 Joseph D Domonskl Janet L Domoneki 565 Love Ln PO Box 1654 Mattituck, NY 114152 141.-5-21 Margaret A Ashton 145 Love Ln PO Box 45-1 Mattituck, NY 11452 141-3-2b.1 Andrew T Fohrkolb Sharon Tuthill PO Box 645 Mattituck, NY 11452 (1) UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (2) DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR EPECTION OF FENCES. (3) COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. (4) CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TTLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF TIE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5) THE LOCATION OF WELLS (W), SEPTIC TANKS (ST) & CESSPOOLS (CP) SHOWN HEREON ARE FROM FIELD OBSERVATONS AND OR DATA OBTAINED FROM OTHERS P n $ 4' 000139 3 o ,o 24 O � \ `� � ' \ 000 NO CO O ,000 / 1� \ _ / 1 O \ U101 \ 11� F. / �S 5• \ 'S .� i�•= � ..: ' O p `�� \ \ X00 \ NI) � \ y 1000 114 3 1 / 1 C / MARINA / 1000 114 2 1.2 Y 10 Al o��^O r �(Y \ j0 ` \ 00lao -b ol -50 ' \ O 10010 X / 05>. Sz1000 139 3 49"= lip <11K 9� �t°\ F ��� \O°Q 6 Q C.) NK <C> O,, } 20 �$ R=25.00+ }z/ .� 00 L=26.18' a / O11110- 4 �° /0 Q� lb 1000 114 2 1.2 / \ 7 \°�pJ� ry `\/OWN 9 - `L 0° / \ , j� 77 0 41 00 00 k / 1 \ , _ O �nIke s\A0 \ / / 70 \ 010 v \ � \ /Ro ` / / J / / / a" \ \ ` \�/ fJ / O 7Q QK 00 / \ / ,goy - '\ \ O '� �• '\00 p S i\ Ileo i \ \ - & \ O ` O O / _ \ /°OO Op J0. 00 ` \ 7JO m o0 \ = FROFOSED L I M 1 TED 5U51 NE55 o ,_ O °7� \ \ / 70 I (LB) ZONING U5E DISTRICT 'b � \ O il 00 Ostronder Avenue, Riverhead, New York I14T01 tel. 631.727.2303 fax. 631.12-1.0144 admEnoyoungeng ineering.com Howard W. Young, Land Surveyor Thomas G. Wolpert, Frofessional Engineer Douglas E. Adam:, Professional Engineer SITE DATA Robert G. Tost, Architect AREA = 5.1445 ACRES OR 224,086 51= EXISTING ZONING = RESIDENTIAL LOW DENSITY (I ACRE) (R-40) GENERAL BUSINESS (B) PROPOSED ZONING = LIMITED BUSINESS (LB) AREA OF PROPOSED (LB) ZONE = 80,400 5F NOTES I. ZONING BOUNDARY LINES 5HOt^1N HEREON TAKEN FROM TOWN OF SOUTHOLD NEW ZONING MAP, SECTION I OF 4, ADOPTED BY THE SOUTHOLD TOWN BOARD ON NOV. 30, 2004. 2. THE IgIiq ZONING BOUNDARY LINE SHOWN AS PER COUNTY ROUTE 45 GORRIDOR LAND USE STUDY PREPARED BY GRAMER CONSULTING GROUP, DATED .JULY OF Iggq. ZONINS DISTRICTS B = GENERAL BUSINI-55 HB = HAMLET BU51NE55 J -B = LIMITED BU51NE55 Li = L16HT INDUSTRIAL M11 = MARINE II RB = RESIDENTIAL OFFICE R-40 = RL5IDEN7IAL LOiN DENSITY (I ACRE) OY°NNNER HAROLD R. REEVE AND SONS INC. PO BOX 1441 MATTITUCK, NEW YORK IIg52 5URYEYOR'5 CERTIFICATION * I HEREBY CERTIFY THAT THIS MAP WAS PREPARED UTILIZING BOUNDARY AND TOPOGRAPHICAL SURVEYS MADE: BY U5 AND/OR UNDER OUR DIRECTION. HOVtARD W. YOUNG, N.Y.S. L.S. NO. 455g3 MAP "FOR �A.OLD R. REEVE A-, 5011!5, I NC. at Mattituck, Town of Southold Suffolk County, New York MAP TO ACCOMPANY CHANGE Ofi= ZONE AsPPL I GAIT I ON Govnty Tax Map District 1000 Section 140 Block 01 Lot 6 MAP PREFARED OCT. 25, 2013 Record of Revisions RECORD OF REVISIONS DATE ADD U5E5 WITHIN 200' _ NOV. 13, 2013 100 0 50 100 200 300 Scale: 1" = 100' -JOB NO. 2012-0263 DWG. 2012_0263_aone change I OF I Norklun, Stacey From: Neville, Elizabeth Sent: Thursday, August 20, 2015 8:27 AM To: Norklun, Stacey Subject: FW: Harold R. Reeve Attachments: Reeve FEAF.pdf From: awickham@wbglawyers.com[maiIto:awickham@wbglawyers.com] Sent: Monday, August 17, 2015 2:03 PM To: Sabatino, Alyxandra K.; Terry, Mark Cc: Neville, Elizabeth Subject: Harold R. Reeve Attached is revised Amended Full Environmental Assessment Form. The form was prepared based upon estimated highest usages under the proposed zoning ordinance, as the actual usage will depend upon the ultimate user of the commercial site and the actual building permit applications for the residential properties. The current applications are for subdivision and rezoning, and most of the questions are geared toward the commercial site plan stage once a user is identified. We must accordingly reserve the right to present an Environmental Assessment at the time of site plan which may vary with the attached. Please file this email and the Full Environmental Assessment Form in the Site Plan and Rezoning application files. Abigail A. Wickham Attorney for Harold R. Reeve & Sons, Inc. Wickham, Bressler & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, New York 11952 631298-8353 631298-8565 (Fax) awickhamgwb lg awyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please immediately notify the sender at 631-298-8353. Full Environmental Assessment Form Part 1- Project and Setting AMENDED August 17, 2015 Instructions for Completing Part 1 Part I is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part I is accurate and complete. A. Project and Sponsor Information. Name of Action or Pro ect: HAROLD R. REEE & SONS, INC. Proj t o ation (describe, d attach a general location map): ��� eet West or NW corner of Co. Rt. 48 and 1605 Wickham Avenue, Mattituck, NY Brief Description of Proposed Action (include purpose or need): Change of Zone: B to LB and R-40 to LB for portion of property. Current B: approx. 25,175 sf Current B use: approx 17,238 R-40 to LB: approx 55,225 sf, including 17,238 currently in approved B use per site plan approval granted in 1983. Subdivision: 3 residential lots (R-40) and 1 LB lot. Name of Appl icant/Sponsor:LE-Mail: lephone: 631-298-9149 James F. Reeve, President Address: P.O. Box 1441 City/PO: Mattituck State:i�9Code: NY LL Prxvr,t vacl(if wS st e m,sp ssgo:; give name and title/role): g Telephone: 631-298-8353 E-Mail:awic am w g awyers.com Wickham, Bressler & Geasa, P.C. Address: P.O. Box 1424, 13015 Main Road City/PO: Mattituck State: NY Zip Code: 11952 Property Owner (if not same as sponsor): Telephone: E -Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, ®Yes❑No Zone Change 2/10/2014 or Village Board of Trustees b. City, Town or Village ®Yes❑No Subdivision 2/10/2014 Planning Board or Commission c. City Council, Town or ❑Yes®No Village Zoning Board of Appeals d. Other local agencies ❑Yes[XNo e. County agencies [JYYes❑No Sgffolk County Dept. Health 4/1/2014 ervices f. Regional agencies (]Yes❑No g. State agencies ®Yes❑No NYS DEC Tidal Wetlands 3/1/2014 h. Federal agencies ❑Yes❑No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? ®Yes ❑No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ® Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑ YesrMNO C. Planning and Zoning C.I. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 [MYes❑No C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? ®Yes❑No ❑YesL No b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): ❑Yes®No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ❑Yes®No Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ® Yes❑No If Yes, what is the zoning classifications) including any applicable overlay district? B and R-40 b. Is the use permitted or allowed by a special or conditional use permit? ❑ Yes®No c. Is a zoning change requested as part of the proposed action? RYes❑No If Yes, i. What is the proposed new zoning for the site? LB and R-40 CA. Existing community services. a. In what school district is the project site located? Mattituck—Cutchogue b. What police or other public protection forces serve the project site? Southold Town Police c. Which fire protection and emergency medical services serve the project site? Mattituck Fire Dept. d. What parks serve the project site? Mattituck Park District; Suffolk County Parks D. Project Details D.I. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? Mixed: commercial and residential, and marine b. a. Total acreage of the site of the proposed action?, acres b. Total acreage to be physically disturbed? aoa44.0 a. for three residence c. Total acreage (project site and any contiguous properties) owned and—1—.65 for commercial (Estimated) or controlled by the applicant or project sponsor? 5.1443 acres (Total est. 3.25 a) c. Is the proposed action an expansion of an existing project or use? ❑ YesKNo i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ❑YesM,4o If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) Commercial and residential H. Is a cluster/conservation layout proposed? ❑Yes �4No iii. Number of lots proposed? !. Residential: 42,152 sf ; 40,328 buildable iv. Minimum and maximum proposed lot sizes? Minimum Maximum Commercial 80,400 sf e. Will proposed action be constructed in multiple phases? ❑YesC4No i. If No, anticipated period of construction: 24 months H. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month —year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f. Does the project include new residential uses? Oyes❑No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family kfour or more Initial Phase 3 At completion of all phases 3 fDoes the-proposed action include new no -residential c n tructio mclud' jex ansions ? Yes❑No Yes, Aeapproval, to be ndeterminea sbase�(on ui im�ate uses: projections re: i. Total number of structures ii. Dimensions (in feet) of largest proposed structure. 35 height; 120' width; and 134' length iii. Approximate extent of building space to be heated or cooled: TBD square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment, the principal source of the water: ❑ Ground water ❑ Surface water streams ❑Other specify: W. If other than water, identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons; surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? [5QYes❑No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i . What is the purpose of the excavation or dredging? Initially, road construction; post approval, founda ii. How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? • Volume (specify tons or cubic yards): 24,000 cyds residential; 3,600 cyds commercial; no dyed • Over what duration of time? 2+ years iii. Describe nature and characteristics of materials to be excavat d or dredged, an4 1 ns to se, ma ge ox di �e of the Sand, loam, to level on —site topography and remaMer for oiaf site disposal iv. Will there be onsite dewatering or processing of excavated materials? Yes No If yes, describe. v. What is the total area to be dredged or excavated? less than 1 acre acres vi. What is the maximum area to be worked at any one time? less than 1 acre acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? QYesMNo ix. Summarize site reclamation goals and plan: b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment XryesFJNo into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): Future construction to comply with applicable setbacks and regulatory requirements with respect to Mattituck Creek. Page 4 of 13 ions ing ii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square After approval herein, all lots will be developed in cdformity with feet or acres: NYS DEC Suffolk County Dept. of Health Services and Southold Town Trustee approvals. iii. Will proposed action cause or result in disturbance to bottom sediments? ❑ Yes®No If Yes, describe: iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑ YesR[No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used, specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c. Will the proposed action use, or create a new demand for water? (4Yes ONO If Yes: i. Total anticipated water usage/demand per day: Up to 300 gpd per res i �� laP,lus _ 700 ii. Will the proposed action obtain water from an existing public water supply? 3300_: r winery P� s�s_air pp MYeLIN If Yes: • Name of district or service area: Suffolk County Water Authority • Does the existing public water supply have capacity to serve the proposal? (:c Yes❑ No • Is the project site in the existing district? 2 Yes❑ No • Is expansion of the district needed? ❑ YeX No • Do existing lines serve the project site? N'Yes❑ No iii. Will line extension within an existing district be necessary to supply the project? 19tYes❑NO If Yes: • Describe extensions or capacity expansions proposed to serve this project: As per plan, line to serve proposed lots • Source(s) of supply for the district: public water iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yesf XNo If, Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: •Proposed source(s) of supply for new district: v. If a public water supply will not be used, describe plans to provide water supply for the project: vi. If water supply will be from wells (public or private), maximum pumping capacity: gallons/minute. d. Will the proposed action generate liquid wastes? MlYes❑No If Yes: At time of construction oflrrovo nts, post approval: i. Total anticipated liquid waste generation per day: Tee a ow gallons/day H. Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): sanitary wastewater max. 300 gpd per residence; upto 04 �p /sf for commercial (est. 1100 gpd restaurant) iii. Will the proposed action use any existing public wastewater treatment facilities? ❑YesE�No If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? F-1 Yes ONO • Is expansion of the district needed? ❑ Yes ONO Page 5 of 13 at • Do existing sewer lines serve the project site? • Will line extension within an existing district be necessary to serve the project? MYes[JNo ❑Yes[]No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater (sewage) treatment district be formed to serve the project site? If Yes: ❑YesVNo • Applicant(sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surface discharge, or describe subsurface disposal plans): vi. Describe any plans or designs to capture, recycle or reuse liquid waste: e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point ❑Yes o sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (Le: sheet flow) during construction or post construction? IfYes:Stormwater management plan, buffers and mitigation to be develo ed oRsase.ite i. How much impervious surface will the project create in relation to total size of project parcel? p an p Square feet or acres (impervious surface) Square feet or acres (parcel size) U. Describe types of new point sources. iii. Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? iv. Does proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater? ❑Yes[]No ❑Yesj]No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel combustion, waste incineration, or other processes or operations? If Yes, identify: ❑YesoNo ' L Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) U. Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) til. Stationary sources during operations (e.g., process emissions, large boilers, electric generation) g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, or Federal Clean Air Act Title IV or Title V Permit? (]Yes No If Yes: L Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ambient air quality standards for all or some parts of the year) U. In addition to emissions as calculated in the application, the project will generate: DYe4No • Tons/year (short tons) of Carbon Dioxide (CO2) • Tonslyear (short tons) of Nitrous Oxide (N20) • Tons/year (short tons) of Perfluorocarbons (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) • Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 6 of 13 RESET FORM I h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, E]Yes No landfills, composting facilities)? If Yes: i. Estimate methane generation in tons/year (metric): ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as ❑Yes[4No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ®Yes❑No new demand for transportation facilities or services? Residential — no significant increase If Yes: Commercial (e.g., winery, restaurant) — 10/hour increase in vehicle trips i. When is the peak traffic expected (Check all that apply): ❑ Morning ❑ Evening ❑Weekend [Randomly between hours of 6 a.m. to 12 a.m. U. For commercial activities only, projected number of semi -trailer truck trips/day: Up to 1 iii. Parking spaces: Existing 0 Proposed TRT) Net increase/decrease TgD iv. Does the proposed action include any shared use parking? ❑YesgNo v. If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe: Construct a new private road (Creek View Lane) from Wickham Avenue to cul—de—sac vi. Are public/private transportation service(s) or facilities available within %2 mile of the proposed site? ®Yes❑ No vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric ❑YesRNo or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑YesNNo pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand RYes❑No for energy? If Yes: L Estimate annual electricity demand during operation of the proposed action: post approval, in keeping with other neighboring uses ii. Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): PSEG and/or renewable sources iii. Will the proposed action require a new, or an upgrade to, an existing substation? ❑Yes No 1. Hours of operation. Answer all items which apply. TBD — i. During Construction: ii. During Operations: • Monday - Friday: 8 a.m. to 4:30 p.m. 0 Monday - Friday: • Saturday: 8 a.m. to 3 p.m. • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ® Yes FNo operation, or both? If yes: L Provide details including sources, time of day and duration: Temporary daytime periods of noise levels in excess during construction from heavy equipment and building H. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? Yes No Describe: n.. Will the propos action have outdoor lighting? This will be primarily addressed at Ifyes: site p1lan stage. ®YesnNo L Describe source(s); location(s), height of hxture(s), direction/aim, and proximity to nearest occupied structures: As typical cul—de—sac;post approval, lighting to be regulated by site plan H. Will proposed action remove existing natural barriers that could act as a light barrier or screen? 191 Yes mo Describe: Tpextent clearing is allowed per code: o. Does the proposed action have the potential to produce odors for more than one hour per day? If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: ❑ Yes RNo p. Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons) ❑ Yes©No or chemical products (185 gallons in above ground storage or an amount in underground storage)? If Yes: i. Product(s) to be stored H. Volume(s) per unit time (e.g., month, year) M. Generally describe proposed storage facilities: q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, ❑ Yes [qNo insecticides) during construction or operation? If Yes: L Describe proposed treatment(s): H. Will the proposed action use Integrated Pest Man ement Practices? ❑ Yes No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal ® Yes UNo of solid waste (excluding hazardous materials)? If yes: After approvals, assuming winery or restaurant: L Describe any solid waste(s) to be generated during construction or operation of the facility: • Construction: _ TBD, a, tons per (unit of time) • Operation : 1.2 tons per month (unit of time) H. Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: • Construction: TBD at site plan • Operation: TBD at site p an iii. Proposed disposal methods/facilitie for solid waste generated on-site: • Construction: on site dumpster • Operation: on site dumpster, commercial removal to transfer station Page 8 of 13 1 RESET FORM s. Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes 5d No If Yes: i. Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month, if transfer or other non-combustion/thermal treatment, or • Tons/hour, if combustion or thermal treatment iii. If landfill, anticipated site life: years t. Will proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous ❑YesONo waste? If Yes: i. Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: H. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes: provide name and location of facility: If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: N/A E. Site and Setting of Proposed Action E.I. Land uses on and surrounding the project site a. Existing land uses. i. Check all uses that occur on, adjoining and near the project site. ❑ Urban ❑ Industrial M Commercial rX Residential (suburban) ❑ Rural (non-farm) ❑ Forest ❑ Agriculture ® Aquatic ❑ Other (specify): ii. If mix of uses, generally describe: Residential, Marina, Commercial & Auto Center, Contractors b. Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres +/-) • Roads, buildings, and other paved or impervious surfaces 0.6 0.8 +0.2 • Forested 4.3 2.6 —1.7 • Meadows, grasslands or brushlands (non- 0 0 0 agricultural, including abandoned agricultural) • Agricultural 0 0 0 (includes active orchards, field, greenhouse etc.) • Surface water features 0 0 0 (lakes, ponds, streams, rivers, etc.) • Wetlands (freshwater or tidal) • Non -vegetated (bare rock, earth or fill) 0.2 0.2 0 • Other Describe: Landscaped—Commercial 0 R-40 0 1.5 +1.5 Page 9 of 13 t site presently used by members of the community for public recreation? lain: ❑ Ye No FArethcrey facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed ters, or group homes) within 1500 feet of the project site? ❑Ye o L Identify Facilities: e. Does the project site contain an existing dam? If Yes: ❑Yes®No L Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet U. Dam's existing hazard classification: W. Provide date and summarize results of last inspection: rf.Hashe project site ever been used as a municipal, commercial or industrial solid waste management facility, ❑Yes®No es the project site adjoin property which is now, or was at one time, used as a solid waste management facility? the facility been formally closed? • If yes, cite sources/documentation: ❑Yes❑ No U. Describe the location of the project site relative to the boundaries of the solid waste management facility: W. Describe any development constraints due to the prior solid waste activities: g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: ❑ YesgNo i. Describe wastes) handled and waste management activities, including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any remedial actions been conducted at or adjacent to the proposed site? If Yes: ❑Yes —No L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site Remediation database? Check all that apply: ❑ Yes — Spills Incidents database Provide DEC ID number(s): ❑ Yes — Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ❑Yes❑No fl. If site has been subject of RCRA corrective activities, describe control measures: W. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? If yes, provide DEC ID number(s): ❑Yes❑No Iv. If yes to (i), (ii) or (iii) above, describe current status of site(s): Page 10 of 13 RESET FORM v. Is the project site subject to an institutional control limiting property uses? ❑Yes No • If yes, DEC site ID number: • Describe the type of institutional control (e.g., deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? N/A feet b. Are there bedrock outcroppings on the project site? ❑Yes No If Yes, what proportion of the site is comprised of bedrock outcroppings? % c. Predominant soil type(s) present on project site: Topsoil — various, and % Brown silty sand 100 d. What is the average depth to the water table on the project site? Average: n_ 1 1 feet e. Drainage status of project site soils:® Well Drained: 1 �0 lo of site ❑ Moderately Well Drained: % of site ❑ Poorly Drained % of site f. Approximate proportion of proposed action site with slopes: n 0-10%: 95 % of site Q 10-15%: 2 % of site [� 15% or greater: _a2% of site g. Are there any unique geologic features on the project site? ❑Yes�]No If Yes, describe: h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, MYes❑No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? [OYes❑No If Yes to either i or ii, continue. If No, skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, [NYes❑No state or local agency? iv. For each identified regulated wetland and waterbody on the project site, provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Mattltuck GreekApproximate Size a • Wetland No. (if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired Yes ❑No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: Mattituck Creek — nearby and boat traffic developmme i. Is the project site in a designated Floodway? ❑Yes2No j. Is the project site in the 100 year Floodplain? FJYes❑No k. Is the project site in the 500 year Floodplain? NYes❑No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? EYes❑No If Yes: Long Island (Nassau/Suffolk) Sole Source Aquifer i. Name of aquifer. Page 11 of 13 Page 12 of 13 1 RESET FORM m. Identify the predominant wildlife species that occupy or use the project site: Small mammals indicative of local wildlife n. Does the project site contain a designated significant natural community? []Yes jgf No If Yes: \ i. Describe the habitat/community (composition, function, and basis for designation): U. Source(s) of description or evaluation: W. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss (indicate + or -): acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑ YesMNo endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of Yes®No special concern? q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? ❑YesPINo If yes, give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to ❑YespNo Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? If Yes, provide county plus district name/number: b. Are agricultural lands consisting of highly productive soils present? ❑YesEqNo 1. If Yes: acreage(s) on project site? A Source(s) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ❑YeQNo Natural Landmark? If Yes: i. Nature of the natural landmark: ❑ Biological Community ❑ Geological Feature U. Provide brief description of landmark, including values behind designation and approximate size/extent. d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑YesXNo If Yes: i. CEA name: H. Basis for designation: W. Designating agency and date: Page 12 of 13 1 RESET FORM e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ❑ Yes®No which is listed on, or has been nominated by the NYS Board of Historic Preservation for inclusion on, the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii. Name: W. Brief description of attributes on which listing is based: f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes®No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site? ❑Yes®No If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ®Yes❑No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): iii. Distance between project and resource: 0 miles. L Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑ Yes[NNo Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? [-]Yes[-]No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/SponsorName Abigail A. Wickham Signature Date !.8-17-2015 Title Agent PRINT FORM I Page 13 of 13