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Home My WebLink About1000-35.-2-8 ELIZABETH A.NEVILLE,MMC "' Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ��r "t'r Fax(631)765-6145 MARRIAGE OFFICERv 4��W0 „ � s� Telephone(631)765-1$00 RECORDS MANAGEMENT OFFICER " �,� www•southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William M. Duffy,Town Attorney Heather Lanza, Planning Director From: Elizabeth A. Neville,Town Clerk Re: Change of Zone Application of 4545 Main Road Enterprises, Inc. Date: September 30, 2021 Please review the enclosed change of zone application as to completeness and send me your comments and recommendations. Thank you. Enclosure (1) Application NAME OF APPLICATION: 4.45 Main Road Enterprise, Inc. DATE: September 30, 2021 ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB c-] ❑ Four (4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: 0 ❑ Fee of$1,000.00 ($500.00 for AHD) 12� D ❑ Written notice to all property owners within 200' of property; mailed within 5 days 111. t:e"d1J,.11,g filing of petition ❑ ❑ 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 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 ❑ ❑ ❑ Six (6) maps drawn at the I" = 100' scale in accordance with attached information sheet. ❑ ❑ ❑ Six (6) sketch plan maps at the 1" = 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 Michael A. Kimack ATTORNEY AT LAW P.O. Box 1047 Southold,N.Y.11971 _.................. Cell No. 516-658-680...... 16-658 680....._.w ........_ 7 E-mail: mkimack2@verizon.net September 18,2021 Ms. Betty Neville, Town Clerk Town of Southold P.O. Box 1179 Southold,N.Y. 11971 Re: Petition of 4545 main Road Enterprises, Inc. to Southold Town board for Change of Zone Premises: 4545 Main Road, Rt.25, Greenport SCTM # 1000-35- 2 - 8 Dear Ms. Neville The property has been utilized for commercial enterprises since the late 70's. For approximately the last forty (40) years, the property has been occupied with a building operating as a restaurant. We respectfully request the property be re zoned from its present R- 80 zone to limited Business (LB). This zone would allow the property owner to convert the property to other commercial uses as permitted by the zoning code for a limited business zone Enclosed please find the following: 1. Four sets of the completed application form and petition with aerial photo 2. Check for the application fee of$1000.00 3. Six (6) prints of Map for Zoning Change and list of property owners within 500 feet 4. Six (6) prints of updated survey of property 5. Copy of the deed containing metes and bounds description 6. Short Environmental Assessment Form 7. Proof of mailing service 8. Property card 9. Summary of commercial activities in surrounding area Notice to Adjoining Property Owners within 200 feet with attorney affirmation of service is enclosed Sincerely, Michael Ae Kimack, Agent._... _. ^P 4 ELIZABETH A.NEVILLE, MMCw� , Town Hall, 53095 Main Road TOWN CLERK r P.O.Box 1179 as Au ' Southold,New York 11971 Fax(631)765-6145 REGISTRAR OF VITAL STATISTICS 60 4 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER J www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK. TOWN OF SOUTHOLD REO UE,, T FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: . ...... _ .. . .... w_, .. .. _. . ..... ...M.w ,_ .....ry. (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.; 1000 - _ — - ,—2— - —18— . ......... ...................... District Block Parcel A. SLJBMI TION l.NF(-.) MAT`IO : 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 (ellecl� write, 'N/A where not; a lica,ble," P-10,1. 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. i✓2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. �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. _IZ4. Metes and bounds description of the proposed amendment. 10/1/2008 1 Z, 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 (SEAR.), 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: ......... �....... _•, ...... __ w ....... B. GENERAL INFORMATION: 1. Name Of Applicants) .-A.. .. . ... Address: --- . _.. Telephone No. _— ....... � If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership, prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 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: .... mm .Title:.._..__ Address. if diffe__....__._ ......:( rent) ........ Telephone No.:µµ 3. Landowner(s) Title Address: .. _. TelephoneNo.:---'.... .... ... . _ ._.. _w _w�.......... .._..�__ . . . ._..............� 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: A . Title Name of Frrm: �.... Telephone No.._. .....:... . ''...... Address: P .. ....... ........... 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name:......... ..: _.— A44-.... Title: ..... ="_ Name of Frrm Address: . .. Telephone No.. ......_ F 65. .... -------- 10/1/2008 2 6. All communications with regard to this application shall be addressed to the following person until further notice: Name:.__.. ... �. Title:__— ..., Address: .w . Telephone No.: C. SITE/PROJECT DATA: 1. Location of Property.. —4il of g"soutl ft*ti4st) (street) crrth,�so "r Vle— or road) (n _ ._ ........._. . '�/11 , 'L7AJ' feet ............... .._ ..... utl- gest of. ... _.... ._.. --Af --..J � .... (nearest intersecting street) (hamlet:) 2. Existing zoning district(s), Special Overlay District(s), if applicable 3. Requested zoning district(s) a .... .. Ine.w . 4. Lot area: /17981,e 3 sq. ft or acres 0464 5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE ...... u ...................... .....e .... _.------- ....... b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? 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: t Building Area s _ l ft. Lot coverage ._.. ... ......... . ..... .. 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 10/1/2008 3 hy proposed can not he huil u ider cuash zoning Ah'uhtims and pwowmt to the cwraU zoning nuji. 11. AGENCYOX)RDINATIO .%ND SEOWN (See i)art 617. NYCRR and Chapter 130 of 1'0 k�1-1 C 0 d C) 1. Floes the site Owl on a IWn. Wunty of Wav Road? (circle one) Name and number of the road O,c, Cc tnu.y Road 48. State Road 25) I I I HAW Alk AW. - 2. Is the site a ithin any (who-areas oC review of the WHO k County Plano Commission? YFS t," NU I f ycs, dw iv Qua! requirements ofthe SIT Cowq Pkmnhg C"mmikon shcuald he examined to assure a complete application 3 is the We in a cleigniaud SUN envininmcntal area as per the Ne" NAvk Swk- QUO& ITCOCIV 'kc[ (SFQRA) and Chapter LTO of the Town Uscic? ......... Yl S --.111 - NNO. I t'yes, x hat irea? 4. F,pc 1, 1)pc II or Unlisted .," ctjojj (circle on, ) An cnvironmental kssessmem. Ruin muY be completed Or LOOK and ljpc I actions. 1 Its an 11%ira7rrrraQ al Assessment 1"orn) or L)raft Environmental Impact Moment been 111-cpared? Hyes. copies ShOL11d be submitted v�ith the ;Tphcotim], E. I 1-wreby depose and certity that all of the aboi to statements of information, and all statements anti inhurnialAn cwHained in the supporting documents and drag vhgs attached hereto are true an(] correct. szOss MY501011 APARSEVvy- "',\\orn hcl'orc Inc ;.his 16r� ,a) K R Y !I IN K' RNHWAIR.A,XNAUK Notary Public,Staft of New York NA C e KAI SU065 So Ms Clualffied In Nassau,County Commission Expires March 11,2022 10/1/2008 4 . F. K�NV��E��^� E��D�)��SENIE{�1[ ( [) hcutguedi[upl |icuntisn/� (hcnvvoerurif thcom'cr is cuqx`ro|iuo or partnership) ' State of New York Cuun|yuF8uD�|k P, 6P.4 being du|yS\vonn' dupwScSonCI uoysihui h42lcuiJcsui in die {kon|, nt' amd /ht S1oru, o[ and ihui b4 "s (lhcowrerur ihe u/Tcoru[ihe cnrpmotiou or pmrtncca)Jp v,bicb iy the owaer A-, /cc (circle)) u[ihc p/cmlyos descRed in Kc [6rugAug upp|ico1ion and that h~vfElus uuihori,cJ -__-------------- ---------- -_- __ to make the h`rcpoiug, uppUcatino /ororncodnnen( and/or change of zone as described here Al. SIGNATURE Officer's tide sNonl hc{�`/c nie ihiu 2-3 MICHAEL A. MACK No.02KJ5056823 (likilled in Nasmaw County Commission Expires March 11,2022 - 1O/1N0OO 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk being by me duly sworn, deposes and says: 1. 1 am an applicant for a project or .r owner f the land which is the subject of a pending application before the Southold Town 3oard for amendment and/or change of zone. 2. The project name is: _ .. .....:W. ........ ? . ...... :. _...:_C..p... ...__..__._. 3. 1 reside at ._ _LL _ �.. ... :_ ._..� " Z. 3 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE _ .... .. ... ....... ......... .... _.. 5. 1 make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. 1 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 the filing of this application, have any of the following individuals made campaign contributions 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 2. Applicant 3. Agent for owner or applicant 4. Attorney 5. Other 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name Title (0,A'ner, Agent, Attorney, other) Amount For the purpose of this 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 employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any 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 oi- 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 YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following indiVidUals have an interest in the applicant or owner, as defined above? YES NO I. Any official New York State . ...... YES P .".*'N 0 2. Any official or employee of Southold Town or Suffolk County?_YES NO If 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 . ............ ....... ................... ..................... ....... 10/1/2008 7 .......... .......... ........... .......... --- --------- SIGNATURE 5115-40V A!�PAae-4, Sworn bel'or-e me this Dav of —_.._ . 2o,V NOTARY PUBLIC MICHAEL A.WMACK Notary Putdic,State of Now York No.MKJSVAM Ouallfied In Nassau County Cmmialon Expires March 11,g= 10/1 i2008 8 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 05/02/2016 Number of Pages: 4 At: 12 :19:19 PM Receipt Number : 16-0067806 TRANSFER TAX NUMBER- 15-27386 LIBER: D00012862 PAGE; 760 District: Section- Block- Lot: 1000 035-00 02.00 008.000 EXAMNED AND CHARGED AS FOLLOWS Deed Amount: $500,000.00 Received the Following Fees For Above Instrument Exempt Exewt page/ftling $20.00 NO Handling $M00 No COE $5.00 NO NYS SRC90 $15.00 NO ZA-CTY $5.00 Ito EA-STATE $250.00 NO TP-S84 $5.00 NO Notation 40.00 NO ® $0.00 NO RPT $200. 00 NO Transfer tax $2,000.00 NO Comm.Pres $7,000.00 NO Fees Paid $9,520 .00 TRANSFER TAX 'NUMBER-. 15-27386 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2.... RECORDED Number of pages 2016 May 02 12:19114 FM JUDITH A. PASCALE CLERK OF This document will be public— SUFFOLK COU14TY record.Please remove all L 500012962 P 760 Social Security Numbers DT# 15-27385 prior to recording. Deed]Mortgage instrument Deed Mortgage Tax 5-tamp Recording Filing Stamps 3 FEES Mortgage Anit Page FfHnq Fee 201.Basic Tax Handling . 00 2, Additional Tax Sub Total TP-584 Spec./Assit. Notation or EA-52 17(County) Sub Total —----- Spec./Add. TOT.MTG.TAX EA-5217(State) Dual Town_Dual County R.R.T.S.A- TrnsfeHeldforAppolnurtent ir Ta Comm.of Ed. .5. 00 MansionTax Affidavit The property covered by this mortgage is Certified COPY or will be improved by a one or two NYS Surcharge 15, 00 family dwelling only. Sub Total YES—or NO Oth& Grand Total if NO,see appropriate:tax clause on page 4— of this instrument. X1- 3 1-I(o 4 Dist. 1000,S j 6()l 0,W 1000 03500 0200 008000 5 Community Preservation Fund Cor.)sideration Amount Real Property P T I1111111111jJ1111 Tax ServIce A DHO I C F Tax Du' $ rt Agency Verification Improved — —dsra�cflons/Ofs(hages/Re eases is(-property Owners Mailing Address Vacant Land 6 TaRECORD&RETURN TO: TD I 01Q) J.Kevin McLaughlin,Esq, TD P.O.Box 1:210 Southold,New York 11971 TD I Mail to-jud[th k Pascale,Suffolk County Clerk 7 Title Company IrIforMatiOn 314 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkco,untynY.gcv/clerk –7 q 0 V 8 ----Suffolk County,-Recording & Endorsement Page --J- This page forms part of the attached P!j�ijand Sale Deed --made by: (SPECIFY TYPE OF INSTRUMENT) _R!gLj!Leqj,_Hp r is !be.pemises herein situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of ,.-Sod 4545 Main 94 Xnterprises Inc. in the VILLAGE or HAMLET of---(j BOXES 6 THRU a MUST BE7YPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. avert Fom gm—qvon and sale Deed.wilh Comas ajona Ormtoes Acts—Indkidimi Or Corporation,(singto AM) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY, THIS INDENTURE. made the 3 Is'day of March,Two Thousand Sixteen BETWEEN ROBERT J. HEANEY, residing at 4545 Main Road, Greenport, New York 11944 party of the first pad, and 4545 MAIN RD ENTERPRISES INC.,whose address is 4545 in Road, Greenport,New York 11944 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable th arty consideration paid by the party of the second par�does hereby grant and release to e p 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 near the Village of Greenport, To of Southold,and State of New York,bounded and described as follows: BEGINNING at a point on the northerly line of Main Road (Route 25) at the southwesterly comer of land now or formerly of Island's End Golf and Country Club Inc. and the southeasterly comer of premises herein described; and RUNNING THENCE along said northerly line of Main Road, South 66 degrees 01 minutes 20 seconds West, 81.55 feet to land now or formerly of Gillespie, RUNNING THENCE along said land, No 32 degrees 11 minutes 20 seconds West, 247.06 feet to land now or formerly of Island's End Golf and Country Club Inc.; RUNNING THENCE along said last mentioned land the following two (2) courses and distances: 1. No 66 degrees 07 minutes 40 seconds East, 81.90 feet; 2. South 32 degrees 07 minutes 30 seconds East, 246.86 feet to the northerly side of Main Road, the point or place of BEGINNING. TOGETHER WITH AND SUBJECT TO the terms of the Parking Area Easement dated April 24 2007 said recorded September 14, 2007 in Liber 12522, Page 474, in the Office of the Suffolk County Clerk, and the Correction Parking Area Easement dated March 3, 2016, and recorded in the Office of the Suffolk County Clerk, BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated June 13, 1990 and recorded June 20, 1980 in the Office of the Suffolk County Clerk in Liber 8840, Page 390. 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 fast 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: R0TB44E-R'TJ. HUI 4, 0�7 11/16/2015 16:43 FAA 0317UO1550 Kevin Mclaugulin Fidelity National Title Insurance Company TrMB NO.P15-7404-99950-S1JFF SCMDUM A-1 (Doscripd4n) Amended 11/16/2015 ALL that cortain plam piece or pawl of land, situate, lying and being near the Village of Greenpor%Town of Southold, County of Suffolk and State of'New York,bounded and described as follows- BEGINNING at a point on the northerly line of in Road (Route 25) at the southwesterly comer of land now or formerly of Ernest Wiggins and the southeaAerly comer of premises herein described;and RUNNING THENCE along said northerly line of Main Road, South 66 degrees 01 minutes 20 seconds V49, $1,55 fm to land now or formerly of J.C. Stephenson; RUNNING THENCE along said Llind,North 32 degrees 11 minutes 20 seconds West,247.06 fiet to land now orormerly of Ernest Wigging; THENCE RUNNING along said IsM the following two(2)courses and distances: 1. North 66 degrees 07 minuos 40 seconds Bass%8 1® feet; 2. South 32 degrees 07 minutes 30 seconds East, 246.86 feet to dw northerly side of Main RoW, the point Or PIWO of BEGINNING, Together with and Subject to the terms of the Puking Area Eamment daud April 24,2007 recorded September 14,2007 in Liber 12522 cp 474. TR'E,POUCY TO BELSSUED underAls commionaf will inure the tide to such buildinp and imprmmwW on the Premises which by law cmd1we real property, Folt CONVHyA NCVvG ONL Y. rog#her with all the rigk, tide and interest of the party of the first part,of in and to the land lying in the st-ed infront of and ao#alming sgidpremisa. SCHEDULEA-1(Door(piton) Rev.(03/04) AKM-EXT THIS INDENTURE, made this 1� day of April, 2007, between ISLAND'S END GOLF AND COUNTRY CLUB, INC., with OfFICeS at 4675 Main Road, Greenport, New York 11944, hereinafter referred to as the "Grantor" t and ROBERT J. HEANEY, with offices at 4545 main Road, GreenportF New York 11944, hereinafter referred to as ffiGrantee". WHEAEAS, the Grantee owns and operates the restaurant known as "Skippers' which is located at 4545 Main Road, Greenport, mew York# immediately adjacent to the west and south of property owned by Lhe Grantor on which the Grantor maintains and operates a golf course'; and WHEREAS, the Grantee wishes to acquire an easement over a portion of the property owned by Lhe Grantor for use as a pdrking area in connection with the Grantee's ownership and operaLion of the aforementioned restaurant. Now, therefore, W I T N E S S E T H: The Grantor. in consideration of Ten Dollars ($10.00) and other good and valuable consideration, paid by the Grantee, does hereby grant and convey unto the Grantee, its successors and assigns, an easement for the parking of vehicles on the Z1F�110 wirkg de. r'l ed re iscs: Tinning ' Ae oad at a point on �Ofj Route 25), which point forms the intersection of the easterly boundary line of the grantees property, and the westerly line of the grantors property, and the northerly side of Main Road (NYS Route 25), running thence North 32 degrees 07 minutes 30 seconds West along the boundary line between the properties owned by the Gran,tor and the property owned by the Grantee to a point on said boundary fine: running thence North 66 degrees 07 minutes 40 seconds East, a distance of 89.95 feet to a point; running thence South 32 degrees 07 minutes 30 seconds East, a distance of 210.00 feet to a point on the northerly side of Main Road (NYS Route 25); running thence along the northerly side of Main Road (NYS Route 25) South 66 degrees 19 minutes 45 seconds West, a distance of 90.00 feet to the point or. place of beginning, said premises consisting of an area of 18,680 square feet as depicted on the attached survey of John Metzger, Peconic Surveyors, P.C. dated May 5, 2004. AND the said Grantee covenants as follows: FIRST: To limit the use of said premises as and for a parking area for vehicles of the Grantee, its agents, employees, guests and invitees in connection With the operation of the Grantee"s restaurant. SECOND: To repair and maintain said premises as may be consistent with the use of said pr-emiscs as a parking area for such vehicles. THIRD: To indemnify and hold the Grantor harmless from any and all liability, responsibility, cost, or expense, including attorneys fees and litigation costs, incurred as a result of the use or said premises by the Grantee, his agents, employees, guests, or invitees. FOURTH: To purchase and maintain liability insurance for the subject premises naming the Grantor as an additional insured on said insurance policy and to furnish the Grantor with a copy of said insurance policy as well as with proof of the payment of the premiums thereon. 2 11/16/ZUlb 10:44 1-AX 53176a1505 Kevin mciaugntin LOU012/0013 FIFTH: To reimburse the Grantor for the real estate taxes on said premises, computed on a pro rata basis according to area as compared to the entire parcel of property owned by the Grantor. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. ROBERT I. E ISLAND'S END GOLF &COUNTRY CLUB,INC. By 3 11/1U/ZU15 LU:44 YAA UJIYU01600 xevin aclausniin LoUU13/u013 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the day of May, in the year 2007, before me, the undersigned, personally appeared Robert J. Heaney, personally known to be or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary ublic WILLIAM H.-PRICE,JR. Notary Public.State of New York STATE OF NEW YORK) No. 4644944,Suffolk.County ) ss.: Term Expires February 28. 20 f0 COUNTY OF SUFFQ.LK) On the day of May, in the year 2007, before me, the undersigned, personally appeared , personally known to be or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 4 11/10/ZU10 10:44 1+'Aa UJII9D15b0 Kevin mciaugniin IffjUU1U/UU13 Ld;' -NT THIS INDENTURE, made this ay of May, 2007, between ROBERT J. HEANEY, residing at Main Road, Greenport, New York. 11944, hereinafter referred to as the "Grantor,"and ISLAND'S END GOLF AND COUNTRY CLUB, INC., with offices at Main Road, P.O. Box 2066, Greenport,New York 11944, hereinafter referred to as the"Grantee�55 WHEREAS, the Grantee owns and operates the golf course known as Island's End Golf and Country Club, which is located on Main Road, Greenport, New York, immediately adjacent to the east and south of property owned by the Grantor on which the Grantor maintains and operates a restaurant; and WHEREAS, the Grantee wishes to acquire an easement over a portion of the property owned by the Grantor for use as part of the golf course in connection with the Grantee's ownership and operation of the aforementioned golf course. NOW,THEREFORE. WITNESSETH. The Grantor, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, paid by the Grantee, does hereby grant and convey unto the Grantee, its successors and assigns, an easement for the parking of vehicles on the following described premises: ALL that certain plot, piece or parcel of land, lying and being near Greenport, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a monument set in the northerly line of Main Road (NYS Route 25) where the easterly boundary of land of the Party of the Second Part and the westerly boundary of land of the Party of the First Part intersects said northerly line of Main Road (NYS Route 25), and from said point of beginning 1 11/16/GU15 16:44 FAX U31755185U Kevin mC1aU91111n I®0U11/UU13 RUNNING THENCE, North 32 degrees 07 minutes 30 seconds West,246.86 feet to the true point or place of beginning; RUNNING THENCE from said true point or place of beginning, South 66 degrees 07 minutes 40 seconds west, 81.86 feet; RUNNING THENCE North along lands now or formerly of Gillispie, North 32 degrees 11 minutes 20 seconds West, 37.19 feet to lands of Party of the First Part; RUNNING THENCE along lands of the Party of the First Part the following two (2) courses and distances: 1) North 66 degrees 07 minutes 40 seconds East, 81.90 feet; 2) South 32 degrees 07 minutes 30 seconds 37.18 feet to the true point or place of BEGINNING. AND the said Grantee covenants as follows: FIRST: To limit the use of said premises as and for a part of a golf course, its agents, employees, guests, and invitees in connection with the operation of the Grantee's golf course. SECOND: To repair and maintain said premises as may be consistent with the use of said premises as part of a golf course_ THIRD: . To indemnify and hold the Grantor harmless from any and all liability, responsibility, cost, or expense, including attorneys fees and litigation costs, incurred as a result of the use of said premises by the Grantee,its agents, employees, guests,or invitees. FOURTH: To purchase and maintain liability insurance for the subject premises naming the Grantor as an additional insured on said insurance policy and to furnish the Grantor with a copy of said insurance policy as well as with proof of the payment of the premiums thereon. 2 LL/LU/LU15 LU:44 rAA YJJ1(VOLUDU Kevin mciausniin 4M0005/UU1, FIFTH: To reimburse the Grantor for the real estate taxes on said premises, computed on a pro rata basis according to area as compared to the;entire parcel of property owned by the Grantor. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the;day and year first above written. ISLAND'S END GOLF .qUU TRY CLUB, INC, BY- ROBERT J. ANEY 4� 3 11i1eixul5 10:44 1%1 0317651855 RevIn mclaughlinI®oo09i0013 STATE OF NEIN YORK � ss.. COUNTY OF SUFFOLK } O e day of April, 200'7, before me appeared •' / personally known to me or proved to me on the b sis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Phoebe 0Nota b blit SM Of NO yQ* Oo. 4 3951 Qualified In SUM 001MV 4gatrblic Commission STATE OF NEW YORK COUNTY OF SUFFOLK On the day of April, 2007, before me appeared ROBERT J, HEANEY personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public WILLIAM H. PRICE,JR. Notary Public, State of New York No. 464494+, Suffolk County Term Expires February 28, 20-J4) No / �i 1 Lo!•'i cn � /�',v�'r1� �+r r�,,fu /1n1 /n,J ""VV//,(�,/��r �1�� ?�l„ � � /' J c� W i": ,al / t/"oirr✓ ' r / r. rid / /r i Vii/f � oil' N qpp"( CD /e p 4 F, Win ' 4J(It '�+ / Di l A /f /� %/%r " ly�N %, '�GJ 111i t� / ff j Pu r/l/>I t///%/�l ii/ �%✓//,.' f�' Jnr ��ii/ elf",v ,/ L F�rj �' /�G/" / /0/LU J�'✓ �% ni// r �/ // �/ ® // r it rr P11—mla/ It � l / / �/ r / /fir v �f i/ ri / Gi ✓ //r i/ �� /i//DJd�, ' 11 J"�o, /'y w// rllpr rte— // �l / '/ / 1q / „>r 1�� y r / ) /1 /i 1 Avows, r, /� � Wlwa, i r � 07 C6 `; f�r Hl 'rJf �; ch 6 j��i/1� /,°'r �/ /%t'., rl�/ r n� � / Jlu ;/i,� l / „// �' "%%/m, % '�/P'll�,i'��✓/m qi gin,? U CD r fl, L0 cz 'ill; or1dho 617.20 Appendix B Short Environmental Assessment Form Instructions for Comp!q!gg Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the apphcation for approval or finiding,are subject to public review,and rnay be subject to further verification, Complete Part I based on information currently available, Ii additional research or investigation would be needed to fully respond to any itein,please answer as thoroughly as possible based on current inforination. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. ............... — —.11111 ---11"....... ........ ... Part I-Project and Sponsor Information ...... .. Name of Action or Project: ........... "I.......... ...... .......... Project Location-'"(-Jescnt)e, and attach a location map)� ............... Brief Description of Proposed Action, 7—a r0W WAR 7— Pkd�Al &WE R—eO ............. Name of Applicant or Sponsor: Telephone- - 6 0 z........... PN-*457— Address: ........... City/PO" Zip Code: .. ��'." ` -T Does the proposed acti on only involve the legislat.ive adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? Nd YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres acres b.Total acreage to be physically disturbed? c.Total acreage(project site and any contiguous properties) owned or controlled by the applicant or project sponsor? -0.81—acres -------- — ---—------- ................ 4. Check all land uses that occur on,adjoining and near the proposed action. 0 Urban 0 Rural(non-agriculture) 0 Industrial )(Commercial )(Residential (suburban) El Forest El Agriculture 0 Aquatic X Other(specify): El Parkland ------....... . ........... ........ ........... Page 1 of 4 -.-..-...._ _. ............._ .. .......__. ..... _ ....- _ _ .,,_......._......__..... 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing It o ..._.. _~ • built or natural NO YES landscape? . the site of the proposed action located ii.. or does it adjoin,a state listed Critical Environmental 7 .... 7 Is_......._ .� . .. lmental Area. . � � i NO YES IV If Yes, identify .._......_ __........ ..... _.._...... .. .- ... _, _ ..w.. .__ .................... .. .-..._ .. ........ .... .__._.... 8, a.Will the proposed action result in a substantial increase in traffic above present levels? NO YE b.Are public transportation service(s)available at or near the site of the proposed action? Noe c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? g Doesproposed oex dhetateeeycoderequirement s? .... .... _.......... ..... ..___ NO YES If theproposed action11 exeedrequirements, design features technologies: „ .::._._=._ _ :.:_... _ _ _... __w. .:... _-_-.:.-. .—------ .. ...... 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water; " ._ _ _ ......... . __.._.-........_.. — _ ........ _... __ ...... 11. Will the proposed NO YE action connect to existing wastewater utilities? M - If No,describe method for providing wastewater treatment: . _...... __ ......... 12. a.Does the site contain m ..... ... ..w .._............_ _ _ .. ._ ___.. ntain a structure that is listed on either the State or National Register of Historic ' NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13. a.Does any o®they waterb to of the pop.- Y .._. adjoining j g _ proposed... ...cti .y ....._........ �........ y p the proposed action,or lands ad'oinm the action contain NO YE wetl nds regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into, any existing wetland or waterbody? If Yes, 'identify the wetland or waterbody and extent of alterations in square feet or acres', -- " . 14. Identifyetypical habitat types that occur on,or are likely to be found on the project site Check all that apply, • Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Earl mid-successional ❑ Wetland ❑Urban Suburban .w...._..._._._... ......_ ___ _...._.w_ ......._ _ .. ...... .. ...._.... 15. Does the site of the proposed action contain any species of animal, or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in th..__.. ...._ ......... 1.111..........._ � N® . ... _ j e 100 year flood plain. YES 17.Will the mpro proposed action create storm water discharge, either from point or non-1111.. ._.... � a..........._....... p ry p p non-point sources. NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO ❑ YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑ NO ❑ YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment .....w _ ___ _... m............ __w � • of NO YES water or other liquids(e.g. retention pond,waste lagoon, dam)? If Yes,explain purpose and size . _.. _ ......... ......_.. ......... .._.____ _ __...... _.._._. 19. Has the site of the proposed action or an adjoining ..ro property been"-..... l . ........ .... ...._________ ..... _..,_........... . . .__ .... ' p p y the location of an active or erased NO YES solid waste management facility? If Yes,describe: 20.Has the site of the.proposed action or an adjoining property been ....._.... ct . .. .e ..�__._...._.,n o ... . . . ' the subject of remediation(ongoing or NO YES completed)for hazardous waste? _ If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE T -- O THE BEST OF MY KNOWLEDGE Applicant/sponsor Warne: ....,.rv,., .... _ w._ ... ... _.0 Date: . ... .. ._..� Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur t. Will the proposed create. .............__.. __...... __ p p a material conflict with an adopted land use plan or zoning regulations? d a os roll the 2. Will result in a chane in the use o� •� .. --_.wp_ p..... g r intensity of use of land? 3 Will the proposed action impair the character or quality of the existing community? _..._, __ ............ ... . .... ... ......—...111-1111-1-1-__ ....- ..... 4 Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse _ . _ the .... s p p .._ - -5 rse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6 Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available enegr conservation or renewable ener y o(rjaorttrnitrc s 7. Will the proposed action impact existing: a.public/private water supplies? ___--- b. public/private wastewater treatment utilities? 8. Will the proposed aesthetic impair the character or quality of important hist r .. _..g - ... one,archaeological, s. 9. W i 1 l th..,_ _.w ..w_......_. .... ................a. _ _,.-.... _. _.._ _...____.... ..... ... . e proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater, air quality,flora and fauna)? Page 3 of 4 .............._..... __ m......,...-____.___. __.._.......a .. ... .....---_w .... _... ........_�. � .......... _. No,or Moderate small to large impact impact may may occur occur 10. ,proposed p Will the action result in an increase in the potential for erosionflooding or dr ".._" � p drainage problems? _ 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-tenn and cumulative impacts. ❑ that the this prop sedyou act on may determined, inbased one or more the e rpotentially and or significant above,and impacts and an ry Check nd an su oitin documentation, large or si nrficant ad environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. w_ ..... ... _.__,.,.,.,. _.................. ....... _LL_........._.,,,__._ Name of Lead AgencyDate Print or Type Name of Responsible Officer in Lead Agency ...._.. ...............Title of Responsible -u nsibie Officer __.... ..__ ......... .. .._.._._ Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 PROOF OF MAILING SERVICE NAME ADDRESS Belmor Properties LLC 93 Thompson Blvd., Greenport, N.Y. 11944 Craig Stein 4345 Main Road, Greenport, N.Y. 11944 Derek Durley 139 W 82 nd St., Apt. 3B, N.Y. N.Y. 10024 Town of Southold P.O. Box 1179, Southold, N.Y. 11971 Steven Massey 3900 main road, Greenport, N.Y. 11944 Zoe Apodiacos 2341 Kingpoint Dr., Largo, FL. 44774 Joseph Werner P.O. Box 325, Greenport, N.Y. 11944-0325 Susan Depaola P.O. Box 13, East Marion, N.Y. 11939 Ann Marie Van Cleef 200 Maple Lane, Greenport, N.Y. 11944 Anthoula Katsimatides 79-17 21 st. Ave. Jackson Heights, N.Y. 11370 Michelle Psaropoulos 303 E 83 rd St., Apt. 7B, N.Y. N. Y. 10028 Marcel Idiart 244 Maple Lane, Greenport, N.Y. 11944 John Giannaris 2012 Rev. Trust P.O. Box 206, East Marion, N.Y. 11939 Santaniello Family Rev. Trust 285 Carroll Street, Brooklyn, N.Y. 11231 Daniel Malone P.O. Box 861, Greenport, N.Y. 11944 Michelle Dioca Alexandrou 38 2nd Place, Brooklyn, N.Y. 11231 Bart Ruroede 450 Maple Lane, Greenport, N.Y. 11944 ATTORNEY AFFIRMATION Michael A. Kimack, Esq, being a duly licensed attorney in the State of New York, does herein attest that I mailed a true copy of the Notice to Adjacent Property Owners, directed to each of the above named persons at the address opposite their respective names; that the address 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 Notices were mailed at the United States post Office at Southold;that Notices were mailed to each of the said persons by certified, registered receipt mail. Michael A. Kimack Esq.