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HomeMy WebLinkAboutAG-03/14/2023 WS March 14, 2023 Town Board Work Session Agenda OPEN SESSION IV-1 9:00 Jack Slattery, Chairman of the Police Advisory Committee with Christopher North, Police Advisory Committee Member re: Scheduling a Joint Meeting of the Police Advisory Committee, Community Outreach 8v Implementation Working Group and the Town Board to Discuss Expectations and Assign Responsibilities of Each Moving Forward IV-2 9:30 Jim Bunchuck, Solid Waste Coordinator re: 1. Impact of CPI Fee Adjustment from Babylon on MSW Disposal Costs 2. Spring Cleanup Rules for Commercial Users 3. Local Solid Waste Management Plan Biennial Update IV-3 10:00 Heather Lanza, Planning Director re: Liquor License Applications of (1) Swallowtail Management LLC- 62005 Rt. 48, Greenport (2) MGHE LLC- 40200 Main Road, Orient and (3) DHG Silver Sands LLC- 1135 Silvermere Road, Greenport IV-4 10:30 Craig Jobes, Environmental Analyst re: Spring Turkey Hunting on Town Properties IV-5 Town Clerk Denis Noncarrow and Town Attorney Paul DeChance re: One-Day Marriage Officiants IV-6 Justice Evans re: Fishers Island DMV Office Personnel Needs IV-7 Town Attorney Paul DeChance re: Set New Public Hearing for LL Ch. 96 Amendments- Boats, Docks and Wharfs IV-8 Councilwoman Nappa re: Police Policy Manual Review and Timeline for the Implementation Working Group EXECUTIVE SESSION IV-9 Labor- Matters Involving the Employment/Appointment of a Particular Person(s) -Councilman Doroski re: Part-time Office Assistant Salary -Battery Energy Storage Systems (BESS) Task Force- Resumes were due 3/3 IV-10 Labor - Matters Involving a Contract/Agreement with a Particular Corporation(s) -Renewal of Lease Agreement for Cutchogue Municipal Parking Lot -Devitt Spellman Invoice for Southold v. Wheeler re 1, r v J3 Tomaszewski, Michelle J I O,3 From: Noncarrow, Denis Sent: Tuesday, February 14, 2023 3:23 PM To: Doherty,Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Born, Sabrina; Standish, Lauren; Tomaszewski, Michelle; DeChance, Paul; Mirabelli, Melissa Subject: FW: 62005 Rt.48 - Liquor License 30-day Advance Notice Attachments: Letter- 62005 Rt 48 Liquor License Letter 2.14.23.pdf See attached. Thank you Denis Noncarrow Southold Town Clerk. Town of Southold, New York revww.southold"townny. o+r den istL@southo�dtownn . 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Daniel Pennessi [mailto:danielpennessi@gmaii.com] Sent:Tuesday, February 14, 2023 2:41 PM To: Noncarrow, Denis<denisn@southoldtownny.gov> Subject: Re: 62005 Rt.48- Liquor License 30-day Advance Notice Mr.Noncarrow, Please disregard the attachment to my email below in favor of the attached letter. I just realized that I previously sent you only the enclosures. Thank you, Dan (914) 582-7861 On Tue, Feb 14, 2023 at 1:25 PM Daniel Pennessidai1 3ti ssi(ii,"t)nia-i1.coni>wrote: Mr.Noncarrow, Please see the attached correspondence. Thank you, Dan (914) 582-7861 i SWALLOWTAIL MANAGEMENT LLC 62005 Route 48 Greenport,New York 11944 (914) 582-7861 dgnielligppnsia gig il. nn February 14,2023 VIA EMAIL AND OVERNIGHT IGHT DELI R'Y Southold Town Clerk Attn.: Denis Noncarrow 53095 Route 25 Southold,New York 11971 Re: 62005 Route 48,Greenport,New York 11944(the"Property") 30-day Advance Notice for Liquor License Dear Mr.Noncarrow, Reference is made to the 30-day Advance Notices for a New York State Liquor License for the above-referenced property delivered to the Town of Southold, (i) dated February 7, 2023 (the "2023 Notice") and (ii) dated November 23, 2021 (the "2021 Notice"), copies of which are enclosed herewith. Please share this letter with the group within the Town that reviews 30-day Advance Notices for issuance of NYS Liquor Licenses. Permits As you may be aware, we are renovating the Sunset Motel pursuant to a number of thoroughly reviewed and properly issued building permits, and expect to open for operations on May 1, 2023. Our plan from acquisition in October 2021,which has not changed,was to operate the motel and provide a food and beverage operation to hotel guests only. As a result of the foregoing and multiple discussions with Building Department and Planning Department staff from approximately October 2021,prior to acquisition of the property, and through the present, site plan approval was not required. S Liguor License Notices In accordance therewith,the 2021 Notice was delivered to the Town of Southold on November 30, 2021, which was identical to the pending 2023 Notice. No objection was taken to the 2021 Notice. 30-day Advance Notices expire nine (9) months after issuance. Due to the delays we encountered,,a new 30-day Advance Notice was required to be issued. Hence,the 2023 Notice. Based upon the foregoing,we hereby request that you allow the liquor license process to proceed to issuance with the representation that there will be no food and beverage operation open to the public. Very truly yours, Dankf,.9'ennw6i Enclosures. rev02282020 F-—.64 E USE ONLY 0 s Original Amended Date .. ®— .._�"rerrwwarar� StK�at�l.�gktor a IAt�tdroakity ,.d _ 9 4 Standardized NOTICE FORM for Providing 30-Day Advance Notice to a Local Municipality or Community Board 1.Date Notice was Sent: 111/23/2021 1a,Delivered by: Certified Mail Return Receipt Requested 2.Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License: Q New Application ®Renewal 0 Alteration 0 Corporate Change 0 Removal 0 Class Change 0 Method of Operation Change For New applicants,answer each question below using all information known to date For Renewal applicants,answer all questions For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration($) For Corporate Change applicants„attach a list of the current and proposed corporate principals For Removal applicants,attach a statement of your current and proposed addresses with the reasons)for the relocation For Class Change applicants,attach a statement detailing your current license type and your proposed llcense type For Method of Operation Change applicants,although not required,If you choose to submit,attach an explanation detailing those changes Please include all documents as noted above. Failure to do so may result in disapproval of the application. This 30-Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board: 3.Name of Municipality or Community Board: Town of Southold Applicant/Licensee Information: 4.Licensee Serial Number(if applicable): Expiration Date(if applicable): S.Applicant or Licensee Name: Swallowtail Manag Ment LLC 6.Trade Name(if any): 7.Street Address of Establishment: 82005 Route 48 B.city,Town or Village: (Ireerlport .NY Tip Code: 19 944 — 9.Business Telephone Number of Applicant/Licensee: 10.Business E-mail of Applicant/Licensee: 11.Type(s)of alcohol sold or to be sold: o Beer&Cider 0 Wine,Beer&Cider Q Liquor,Wine,Beer&Cider 12,Extent of Food Service: ID Full food menu;full kitchen run by a chef or cook B Menu meets legal minimum food availability requirements;food prep area at minimum 13.Type of Establishment: Hotel IMI I uiras full reStaUf811t O teN t0 t)1B t7LiiJIIC On )Jremises 14.Method of Operation: Season Establishment ❑Juke Box ❑Disc Jockey ✓ Recorded M P .alEstabl' � � ❑ y [] Music ❑Kara (check all that apply) ❑Live Music(give details i.e.,rock bands,acoustic,Jazz,etc.). Acoustic, small bands 0 Patron Dancing ❑Employee Dancing ❑Exotic Dancing ❑Topless Entertainment ❑Vldeo/Arcade Games []Third Party Promoters ❑Security Personnel ❑Other(specify): 15. Check d apply) None Patio or Decor Area: � ✓ ❑ ❑ k ❑Rooftop []✓ Garden/Grounds ❑Freestanding Covered Structure PP y) 13 Sidewalk Cafe Other(specify): 7021 0950 0001 1180 6902 Page Iof2 OFFICE USE ONLY O Original Q Amended Date _ .._.._.... 49 16.List the floor(s)of the building that the establishment is located on: 1St and 2nd 17.List the room number(s)the establishment Is located in within the building,if appropriate: INlA 1iI.Is the premises located within 500 feet of three or more on-premises liquor establishments? O Yes Q No 19.Will the license holder or a manager be physically present within the establishment during all hours of operation? Q Yes 0 No pp ( g )provide the name and serial number of the licensee° 20.If this is a transfer application an existing licensed business is being purchased Name Serial Number 21.Does the applicant or licensee own the building In which the establishment is located? ©Yes(If YES,SKIP 23-26) Q No Owner of the Building in Which the Licensed Establishment Is Located 2n Building Owner's Full Name: North R08Cj Hotel SLC 1 .''o Building Owner's Street Address: 62005 Route 48 4,City,Town or Village: f eenport State: NY zip code:111944 5,Business Telephone Number of Building Owner: 9'14 » '361 Representative or Attorney Representing the Applicant In Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified In this Notice 26,Representative/Attorney's Full Name: Patrick Dei.-uca 27.Representative/Attorney's Street Address: 8 West Oak Street 28,City,Town or Village: Amit Ville 11 state: Ny zip[ode: 11701 29.Business Telephone Number of Representative/Attorney: 1(631)264-2700 30,Business E-mail Address of Representative/Attorney: (iquo,rlicense@ ahDO-Co111 I am the applicant or licensee holder or a principal of the legal entity that holds or Is applying forthe license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license.I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,l affirm-under Penalty of Perjury-that the representations made in thls form are true. 31.Printed Principal Name: Patrick DeLuca Title: Rg resentEitlVe Principal Signature: Page 2 of 2 1e rLI C tr MgetumReoelptQmrdQopo .—....._-. .. PosVwrk ._ � ❑cod(ftodMali RoWoledo9lkery d Hoye MAMagroftFoRoWired u1 *& Q" �o. _ t1et ...._ © _"Sloan"®d��' ru ca W A c Kx , USPS Tracking" FAQs > Tracking Number: Remove X 70210950000111806902 Copy Add to Informed Delivery (https:Hinlormeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 2:23 pm on November 30, 2021 in SOUTHOLD, NY 11971. - CL m Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Individual Picked Up at Post Office SOUTHOLD, NY 11971 November 30, 2021,2:23 pm See All Tracking History Text & Email Updates u USPS Tracking Plus® V Product Information u See Less Track Another Package rev02282020 OFFICE USE ONLY StatC Liquor Original 0 Amended Date Authority rf, Standardized NOTICE FORMfor Providing 30-Davalnce is to a Local Munic alit or CommunityBo rd 2023 1.Date Notice was Sent:�ZlO7IZOZ3 J Ia.Delivered by: Certified iUlai fttaturn i o Ipt... ,eq,tu t O , 2.Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License: Q New Application 0 Renewal O Alteration 0 Corporate Change O Removal O Class Change O Method of Operation Change For New applicants,answer each question below using all information known to date For Renewal applicants,answer all questions For Akeration applicants,attach a complete written description and diagrams depicting the proposed alteration(s) For Corporate Change applicants,attach a list of the current and proposed corporate principals For Removal applicants,attach a statement of your current and proposed addresses wlth the reason(s)for the relocation For Class Change applicants,attach a statement detailing your current license type and your proposed Ilcense type For Method of Operation Change applicants,although not required,if you choose to submit,attach an explanation detailing those changes Please include all documents as noted above. Failure to do so may result in disapproval of the application. This 30-Day Advance Notice Is Being Provided to the Clerk of the Following Local Municipality or Community Board: 3.Name of Municipality or Community Board: ITown of Southold Applicant/Licensee Information: _. 4.Licensee Serial Number(if applicable):� Expiration Date(if applicable): S.Applicant or Licensee Name: ISmoowtail management LLC 6.Trade Name(if any): TBD 7.Street Address of Establishment: 8 ROUte 48 art green NY Zip Code: 11944 8.City,Town or Village: � 9.Business Telephone Number of Applicant/Llcensee: 10,Business E-mail of Applicant/Licensee: daniel ennessi@gMa)I.COM 11.Type(s)of alcohol sold or to be sold: 0 Beer&Gder 0 Wine,Beer&Cider 0 Liquor,Wine,Beer&Cider 12.Extent of Food Service: 0 Full food menu;full kitchen run by a chef or cook O Menu meets legal minimum food availability requirements;food prep area at minimum 13.Type of Establishment: HOte) r04 iJIr13S full 1'eStaurent Open t0 the public On premises) _ 14.Method of Operation: ❑SeasRecorded M Seasonal Establishment ❑Juke Box ❑Disc Jockey � ❑ �,,. I Music ❑Karaoke (check all that apply) ❑Live Music(give details i.e.,rock bands,acoustic,Jazz,etc.): �,,,OOq�Stj,OY Small betldS ©Patron Dancing ❑Employee Dancing ❑Exotic Dancing ❑Topless Entertainment ❑Vldeo/Arcade Games ❑Third Party Promoters ❑Security Personnel ❑Other(specify): 1S.Licensed Outdoor Area: ❑None [Z)Patio or Deck ❑Rooftop Garden/Grounds ❑Freestanding Covered Structure (check all that apply) ❑Sidewalk Cafe ❑Other(specify): Page 1 of 2 opla-rev02282020 OFFICE USE ONLY LoOriginal d Amended Date 49 16.List the floor(s)of the building that the establishment is located on: 1 St and 21T 17.List the room number(s)the establishment is located in within the building,if appropriate: 18.Is the premises located within 500 feet of three or more on-premises liquor establishments? Q Yes Q No 19.Will the license holder or a manager be physically present within the establishment during all hours of operation? eyes O No 20.If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee:. Name Serla�l Number 21.Does the applicant or licensee own the building in which the establishment is located? OYes(if YES,SKIP 23-26) Q No Owner of the Building in Which the Licensed Establishment is Located 22.Building Owner's Full Name: ih'`iOrth Road Hotel LLC 23.Building Owner's Street Address: 62005 ROUt@ 48 24.City,Town or Village: Greenport State: NY I Zip Code: 1194.4 25,Business Telephone Number of Building Owner: (914 5582-7$61 Representative or Attorney Representing the Applicant in Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice 26,Representative/Attomey's Full Name: Patrick DeLUca 27,Representative/Attorney's Street Address: 18WestOakfteet ., 28.City,Town or Village: Amit iil0 State: NY zip Code:,11701 29.Business Telephone Number of Representative/Attorney: 6'91 264-2700 30.Business E-mail Address of Representative/Attorney: iliquorlicense@yahoo.com I am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license.I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 31.Printed Principal Name: Patrick DeLuca Title: Pe rese11tative Principal Signature: Page 2 of 2 Tomaszewski, Michelle From: Noncarrow, Denis Sent: Friday, February 3, 2023 12:02 PM To: Blasko, Regina; Flatley, Martin; Lanza, Heather;Verity, Mike;Visser III, Fredric;Weisman, Leslie; Doherty,Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Born, Sabrina; Standish, Lauren; Tomaszewski, Michelle; DeChance, Paul; Mirabelli, Melissa Subject: Liquor License App Attachments: Silver Sands LLLC_20230203130131.pdf Please see Liquor License application. Silver Sands LLLC Thank you Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southold townny.gov denisn0southoldtownny... ov 631-765-1800 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. 1 rev12312021 OFFICE USE ONLY FOOriginaligI70 Amended Date ....„m_ „., ,1,, 49 Standardized NOTICE FORM for Providing 30-Day Advance Notice to a Local Municipality or Community Board 1.Date Notice Sent: 02/01/2023 1a.Delivered by: Overnight Mail, Tracking Number and Prc 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage Livens I For premises outside the Cit of New York: (E) New Application © Removal ©Class Change For premises in the Ci!y of New York: © New Application O New Application and Temporary Retail Permit ©Temporary Retail Permit ® i emoval �.F / CI Class Change O Method of Operation O Corporate Change ORenewal O Alteration For New and Temporary Retail Permit applicants,answer each question below using all information known to date For Renewal applicants,answer all questions For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s) For Corporate Change applicants,attach a list of the current and proposed corporate principals For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation For Class Change applicants,attach a statement detailing your current license type and your proposed license type For Method of Operation Change applicants,although not required,if you choose to submit,attach an explanation detailing those changes Please include all documents as noted above. Failure to do so may result in disapproval of the application. This 30-Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board: 3.Name of Municipality or Community Board: TOWN OF SOUTHOLD Applicant/Licensee Information: 4.Licensee Serial Number(if applicable): Expiration Date(if applicable): 5.Applicant or Licensee Name: DHG SILVER SANDS LLLC 6.Trade Name(if any):: (TO BE DETERMINED) 7.Street Address of Establishment: 1135 Silvermere Rd. 8.City,Town or Village; Greenport Ny Zip Code: 11944 9.Business Telephone Number of applicant/Licensee: 9173180027 10.Business E-mail of Applicant/Licensee: aIexand,er errOS tartm'ali.com 11.Type(s)of alcohol sold or to be sold: O Beer&cider O Wine,Beer&Cider O Liquor,Wine,Beer&Cider 12. Extent of Food Service: G Full Food menu;full kitchen run by a chef/cook 0 Menu meets legal minimum food requirements;food prep area required 13.Type of Establishment: Restaurant(full kitchen and full menu re Llired ❑Seasonal Establishment ❑Juke Box ❑Disc Jockey Q Recorded Music ❑Karaoke 14.Method of Operation: (check all that apply) Live Music(give details i.e.,rock bands,acoustic,jazz,etc.): bands, acoustic On OCCBSIOn ❑Patron Dancing ❑Employee Dancing ❑Exotic Dancing ❑Topless Entertainment ❑Video/Arcade Games ❑Third Party Promoters Security Personnel ❑Other(specify): 15.Licensed Outdoor Area:❑None R] Patio or Deck ❑ Rooftop ❑✓ Garden/Grounds ❑ Freestanding Covered Structure (check all that apply) ❑Sidewalk Cafe ❑✓ Other(specify): private beach Page 1 of 2 opla-rev•12312021 OFFICE USE ONLY Q Original 0 Amended Date 49 16.List the floors)of the building that the establishment is located on: ground floor 17.List the room number(s)the establishment is located in within the building,if appropriate: n/a 18.Is the premises located within 500 feet of three or more on-premises liquor establishments? 0 Yes No 19.Will the license holder or a manager be physically present within the establishment during all hours of operation? Yes 0 No 20.If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee: Name Serial Number 21.Does the applicant or licensee own the building in which the establishment is located? G Yes(if YES,SKIP 23-26) 0 No Owner of the Building in Which the Licensed Establishment is Located 22.Building Owner's Full Name; Silverland Holding's I LLC 23.Building Owner's Street Address: 1400 Silvermere Road 24.City,Town or Village: Greenport State: NY Zip Code: 11944 25.Business Telephone Number of Building Owner: 6314770011 Representative or Attorney Representing the Applicant in Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice 26.Representative/Attorney's Full Name: JOHN SPRINGER 27.Representative/Attorney's Street Address: PO BOX 497 28.City,Town or Village: PORT JEFFERSON State: NY Zip Code: 11777 29.Business Telephone Number of Representative/Attorney: 631-331-3334 30.Business E-mail Address of Representative/Attorney: JOHN@NYBARGUY.COM I am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license.I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 31.Printed Principal Name: JOHN SPRINGER Title: REPRESENTATIVE Principal Signature: Page 2 of 2 Tomaszewski, Michelle From: Noncarrow, Denis Sent: Saturday, February 4, 2023 9:09 AM To: Blasko, Regina; Flatley, Martin; Lanza, Heather;Verity, Mike;Visser III, Fredric; Weisman, Leslie; Doherty,Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Born, Sabrina; Standish, Lauren; Tomaszewski, Michelle; DeChance, Paul; Mirabelli, Melissa Subject: FW: Question on Application Info as requested. Denis Noncarrow Southold Town Clerk. Town of Southold, New York wwvw.southoldtolwnny.ga r renisrr as t�;�r2l�lt ww�a o 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From:john@nybarguy.com [mailto:john@nybarguy.comj Sent:Saturday, February 4, 2023 8:02 AM To: Noncarrow, Denis<denisn@southoldtownny.gov> Cc: Rudder, Lynda <lynda.rudder@town.southold.ny.us> Subject: RE: Question on Application Good morning. Happy to clarify. Buie applied for the motel itself last year. This application for a separate liquor license is for the main building on the extreme western part of the property (where Silvermere Roadnpe ets the bay) John Springer ra i From: Noncarrow, Denis<den n @IT�a�'atholdto Eunov> Sept: Saturday, February 4, 2023 6:04 AM Toy `john@nybarguy.com' <"ohnc ngybar y c > 1 Cc: Noncarrow, Denis<LJgn snj2southoYdltc�v >; Rudder, Lynda <I r�L�r4�,9er r_town.soutlicILI.I_lyu > Subject:Question on Application Please verify address and location of Silver Sands LLLC that you sent that application for.There seems to be some questions on that. Thank you John. Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.sout oldtownny.go 6311-765-1800 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) U,�a(ithori, ed interception, review, use or disclosure is prohibited and may violate applicable laws including the Elktronkc Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 2 Tomaszewski, Michelle From: Noncarrow, Denis Sent: Wednesday, March 1, 2023 11:41 AM To: Blasko, Regina; Flatley, Martin; Lanza, Heather;Verity, Mike;Visser III, Fredric;Weisman, Leslie; Doherty, Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Born, Sabrina; Standish, Lauren; Tomaszewski, Michelle; DeChance, Paul; Mirabelli, Melissa Subject: Application , Liquor License Attachments: MGHE LLC_20230301122710.pdf Please review application.They are looking to waive the 30 day waiting period. Thank you Denis Noncarrow Southold Town Clerk. Town of Southold, New York www., o hodcttownnv.r v et7isns osocithol towntlyov 631-765-1800 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. I LAW OFFICES CARRERAS & McCALLEN PLLC CHARLES J. CARRERAS 11 PARK PLACE—SUITE 1210 THOMAS J. McCALLEN Deceased—2012 NEW YORK, NY 10007-2801 Tel. 212-732-3640 Fax 212-732-3670 E-mail: slanQ arrerasf11ccalgen C2,11 February 28, 2023 Town of Southold SIR 1 2073 Denis Noncarrow, Town Clerk 53095 Main Road Southold, NY 11971 - - - m Re: MGHE LLC 40200 Main Road Orient, NY 11957 Dear Town Clerk Noncarrow, This serves to confirm my referenced client's intent to file an Application for an ABC Retail Summer On-Premises (Code 548 Restaurant) License and Temporary Permit with the New York State Liquor Authority. This further serves as a request for a waiver of the thirty (30) day waiting period to file the aforesaid application to minimize unnecessary hardship caused by said mandatory delay. If amenable, please issue a letter directly to the New York State Liquor Authority or in the alternative, execute this letter below to confirm the foregoing waiver and scan & eMail same to sla@carrerasmecallen.com. Thank you for your attention and cooperation in this matter. y trL ly y T omnis J. e :alien Agreed &Acknowledged: By: Denis Noncarrow, Town Clerk Dated: USE ONLY g mended Date ww ,, .... kc?_ Original A OFFICE 49 Standardized NOTICE FORM for Providing 30-Day Advance Notice to a Local Municipality or Community Board 1a.Delivered by: USPS Tracking#9405 5112 0620 3942 0725 25 1.Date Notice Sent: 02/28/2023 2. Select the type of Application that will be filed with the Authority for an On-Premises Alcoholic Beverage License: For pLermises outside thew]!Lqf Ne„y York: New Applciation 0 Removal 0 Class Change For remises in the Cit oy f N9 w Yorkw O New Application New Application and Temporary Retail Permit Renewal Alteration Removal Class Change Method of Operation Corporate Change For New and Temporary Retail Permit applicants,answer each question below using all information known to date For Renewal applicants,answer all questions For Alteration applicants,attach a complete written description and diagrams depicting the proposed alteration(s) For Corporate Change applicants,attach a list of the current and proposed corporate principals For Removal applicants,attach a statement of your current and proposed addresses with the reason(s)for the relocation For Class Change applicants,attach a statement detailing your current license type and your proposed license type For Method of Operation Change applicants,although not required,if you choose to submit,attach an explanation detailing those changes Please include all documents as noted above. Failure to do so may result in disapproval of the application. This 30-Day Advance Notice is Being Provided to the Clerk of the Following Local Municipality or Community Board: 3.Name of Municipality or Community Board: Town of Southold Applicant/Licensee Information: 4.Licensee Serial Number(if applicable): To b - 1 ' e determined Expiration Date(if applicable): To be determined 5.Applicant or Licensee Name: 1VMGHE LLC 6.Trade Name(if any): To be determined 7.Street Address of Establishment: 40200 Main Road 8.City,Town or Village;, Orient NY Zip Code: 1957 9. Business Telephone Number of applicant/Licensee: Pending 10. Business E-mail of Applicant/Licensee: Pending 11.Type(s)of alcohol sold or to be sold: Beer&cider Wine,Beer&Cider Liquor,Wine,Beer&Cider 12. Extent of Food Service: 0 Full Food menu;full kitchen run by a chef/cook Menu meets legal minimum food requirements;food prep area required 13.Type of Establishment: Restaurant(full kitchen and full menu required) is Seasonal Establishment Juke Box Disc Jockey Recorded Music Karaoke 14.Method of Operation; (check all that apply) Live Music(give details Le.,rock bands,acoustic,jazz,etc.)- Patron Dancing Employee Dancing Exotic Dancing Topless Entertainment Video/Arcade Games Third Party Promoters Security Personnel Other(specify): 15. Licensed Outdoor Area: None S Patio or Deck Rooftop Garden/Grounds Freestanding Covered Structure (check all that apply) Sidewalk Cafe 0 Other(specify): Sand Yard Page 1 of 2 OFFICE USE ONLY - 0 Original 0 Amended Date 49 16.List the floor(s)of the building that the establishment is located on: Ground Floor 17,List the room number(s)the establishment is located in within the building,if appropriate: Not Applicable 18.Is the premises located within 500 feet of three or more on-premises liquor establishments? O Yes No 19.Will the license holder or a manager be physically present within the establishment during all hours of operation? 0 Yes No 20.If this is a transfer application(an existing licensed business is being purchased)provide the name and serial number of the licensee: Not Applicable Name Serial Number 21.Does the applicant or licensee own the building in which the establishment is located? OYes(if YES,SKIP 23-26) 0 No Owner of the Building in Which the Licensed Establishment is Located 22.Building Owner's Full Name: 40200 Main Road LLC 23.Building Owner's Street Address: 40200 Main Road 24.City,Town or Village: Orient State: 11 Ny Zip Code: 11957 2S.Business Telephone Number of Building Owner: 212 920-3131 Representative or Attorney Representing the Applicant in Connection with the Application for a License to Traffic in Alcohol at the Establishment Identified in this Notice 26.Representative/Attorney's Full Name: Thomas J McCallen,Esq-Carreras&McCallen PLLC 27.Representative/Attorney's Street Address: 11 Park Place,Suite 1210 --- 28.City,Town or Village: I New York State: NYi Zip Code: 10007 29. Business Telephone Number of Representative/Attorney: 212 732-3640 30.Business E-mail Address of Representative/Attorney: sla@carrerasmccallen.com I am the applicant or licensee holder or a principal of the legal entity that holds or is applying for the license. Representations in this form are in conformity with representations made in submitted documents relied upon by the Authority when granting the license.I understand that representations made in this form will also be relied upon,and that false representations may result in disapproval of the application or revocation of the license. By my signature,I affirm-under Penalty of Perjury-that the representations made in this form are true. 31. Printed Principal Name: >\9:u c J Rogan Title: LLC Manager Principal Signature: _ m Page 2 of 2 Tomaszewski, Michelle From: Lanza, Heather Sent: Wednesday, March 1, 2023 2:26 PM To: Noncarrow, Denis; Blasko, Regina; Flatley, Martin;Verity, Mike;Visser III, Fredric; Weisman, Leslie; Doherty,Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Norklun, Stacey; Rudder, Lynda; Russell, Scott; Born, Sabrina; Standish, Lauren; Tomaszewski, Michelle; DeChance, Paul; Mirabelli, Melissa Subject: RE:Application , Liquor License Attachments: OrientbytheSeaaeria 20211 jpg; OrientbytheSeaJune 2014jpg; Orient by Sea Approved Site Plan.pdf This site, located at what was formerly the Orient by the Sea Marina and Restaurant, has an approved site plan from 2001. The site as it is currently configured is in violation of that site plan. In particular,the "sand yard" specified in the liquor license application was the site of 40 to 50 of the 120 required parking spaces. They are requesting an additional outdoor seating area that has eliminated a significant number of the required parking for the marina and existing restaurant. I attached the approved site plan for your information. Also attached is an aerial from 2014 showing how the parking was when it was Orient by the Sea, and 2021 showing the site in transition under the new owners. The area at the waterfront they are calling the "sand yard" in the liquor license application was formerly parking for the marina and restaurant(see approved site plan attached). It has been converted to outdoor dining space and cars can no longer park there. So they have reduced their parking spaces by 34 or more spots, but appear to be requesting to increase the number of people they can serve or site. The approved site plan required 120 parking spaces (cole requirement for boat slips and restaurant seats). This was amended lythe cell tower that was approve site, w1iich took up about 10 parking spaces on the 2001 approved site plan: Should they be required to amend their site plan before they are allowed to have a liquor license for the "sand yard" area? Typically when a site is changed this drastically, it is sent for an amended site plan review and approval by the Planning Board. From: Noncarrow, Denis<denisn@southoldtownny.gov> Sent:Wednesday, March 1, 2023 11:41 AM To: Blasko, Regina <rblasko@town.southold.ny.us>; Flatley, Martin<mflatley@town.southold.ny.us>; Lanza, Heather <heather.lanza@town.southold.ny.us>;Verity, Mike<Mike.Verity@town.southold.ny.us>;Visser III, Fredric <fredv@southoldtownny.gov>; Weisman, Leslie<lesliew@town.southold.ny.us>; Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski,Greg<greg.doroski@town.southold.ny.us>; Louisa Evans <Ipevans06390@gmail.com>; Mealy, Brian <brian.mealy@town.southold.ny.us>; Nappa, Sarah <sarah.nappa@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 <Scott.Russell @town.southold.ny.us>; Born, Sabrina <sabrina.born@town.southold.ny.us>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle<michellet@town.southold.ny.us>; DeChance, Paul 1 i � <pauld@southoldtownny.gov>; Mirabelli, Melissa <melis I 1 ,irabelli@town.southold.ny.us> Subject:Application, Liquor License �� Please review application.They are looking to waive the , i ay',waiting period. Thank you I Denis Noncarrow Southold Town Clerk. Town of Southold, New York wwvw. outholdtownny.gov den sn tholcltownn . ov 631-765-1800 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. 2 l� �, f .�„; � � � �r �r/' ' ' '��, �� �4 �,'� �,, �� ti; �a� �`^ �, d, ,,, 1��� ire; ,,; ,,'ii ;� � , , �� ii �tw„ �,y �;�,, s e�illl N!,, ! II'il ! k a, j;. 1 G � I i y, l f f a t 1 -- -------------- -- -- �R------------ TATE DRAWING LIST. NEV YYORES LAN OF dz 4u RE'Tppooml Pio—SED 14"' EXISTING PARKING TO RE's j 8O0-0' STORA 45" W U A, -T— zeMNC BID} 04'40 EY PLAN T.S. 117 I i ASP HALT IAVEM FW TIMBER -F ��Pp�ALT PAVEMENT 1! 0 z OF R b < PILINGS I .0 z kjI Ml Iii ji =A='I PILINGS olik ik EL PROPOSED SITE IN 5 §94ALE-1 ?02 D 0 C K.S -9-8 4 S. PROPERTY OWNE9: FENCE 0 PARKING: DFWNAGE Yl 2A T�q---- ----------- OF 7A S�IT -- ------ ----- ---------- 3/8/23, 10:56 AM New York-2023-S02234-Introduced STATE OF NEW YORK 2234 2023-2024 Regular Sessions IN SENATE January 19, 2023 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the domestic relations law, in relation to designating lay individuals to solemnize marriages; and to repeal certain provisions of the executive law related thereto The People of the State of New York, represented in 'Senate and, Assem- bly, do *pact as follows 1 Section 1. Subdivisions 1, 2, 3-a and 3-b of section 11 of the domes- 2 tic relations law, subdivisions 1, 2 and 3-a as amended and subdivision 3 3-b as added by a chapter of the laws of 2022 amending the domestic 4 relations law and the executive law relating to designating lay individ- 5 uals to solemnize marriages, as proposed in legislative bills numbers S. 6 739-A and A. 6300-A, are amended to read as follows: 7 1. A clergyman or minister of any religion, or by the senior leader, 8 or any of the other leaders, of The Society for Ethical Culture in the 9 city of New York, having its principal office in the borough of Manhat- 10 tan, or by the leader of The Brooklyn Society for Ethical Culture, 11 having its principal office in the borough of Brooklyn of the city of 12 New York, or of the Westchester Ethical Society, having its principal 13 office in Westchester county, or of the Ethical Culture Society of Long 14 Island, having its principal office in Nassau county, or of the River- 15 dale-Yonkers Ethical Society having its principal office in Bronx coun- 16 ty, or by the leader of any other Ethical Culture Society affiliated 17 with the American Ethical Union; provided that no clergyman or minister 18 as defined in section two of the religious corporations law, or Society 19 for Ethical Culture leader shall be required to solemnize any marriage 20 when acting in his or her capacity under this subdivision. 21 1-a. A refusal by a clergyman or minister as defined in section two of 22 the religious corporations law, or Society for Ethical Culture leader to 23 solemnize any marriage under this subdivision shall not create a civil 24 claim or cause of action or result in any state or local government EXPLANATION--Matter in italics (underscored) is new; matter in brackets [—] is old law to be omitted. LBD03960-01-3 https://legiscan.com/NY/text/SO2234/id/2650184/NewW York-2023-SO2234-introduced.htmi 1/4 3/8/23, 10:56 AM New York-2023-S02234-Introduced S. 2234 2 1 action to penalize, withhold benefits or discriminate against such cler- 2 gyman or minister[; 3 2. The current or a former governor, a mayor of a village, a county 4 executive of a county, or a mayor, recorder, city magistrate, police 5 justice or police magistrate of a city, a former mayor or the city clerk 6 of a city of the first class of over one million inhabitants or any of 7 his or her deputies or not more than four regular clerks, designated by 8 him or her for such purpose as provided in section eleven-a of this 9 article, except that in cities which contain more than one hundred thou- 10 sand and less than one million inhabitants, a marriage shall be solem- 11 nized by the mayor, or police justice, and by no other officer of such 12 city, except as provided in subdivisions one and three of this section[; 13 or;]_ 14 3-a. A judge or peacemaker judge of any Indian tribal court, a chief, 15 a headman, or any member of any tribal council or other governing body 16 of any nation, tribe or band of Indians in this state duly designated by 17 such body for the purpose of officiating at marriages, or any other 18 persons duly designated by such body, in keeping with the culture and 19 traditions of any such nation, tribe or band of Indians in this state, 20 to officiate at marriages[,o.,]_ 21 3-b. A one-day marriage officiant, as designated by [the secretary—of 22 ] a town 23 or city clerk pursuant to section eleven-d of this article,; or, 24 § 2. Section 12 of the domestic relations law, as amended by a chapter 25 of the laws of 2022 amending the domestic relations law and the execu- 26 tive law relating to designating lay individuals to solemnize marriages, 27 as proposed in legislative bills numbers S. 739-A and A. 6300-A, is 28 amended to read as follows: 29 § 12. Marriage, how solemnized. No particular form or ceremony is 30 required when a marriage is solemnized as herein provided by a clergy- 31 man[,,—] or magistrate, or one-day marriage officiant as designated by 32 ["t*e jet-r e 33utive ] a town or city clerk pursuant to section elven-d of this 34 article,_ but the parties must solemnly declare in the presence of a 35 clergyman, magistrate, or such one-day marriage officiant and the 36 attending witness or witnesses that they take each other as spouses. In 37 every case, at least one witness beside the clergyman, magistrate, or 38 such one-day marriage officiant must be present at the ceremony. 39 The preceding provisions of this chapter, so far as they relate to the 40 manner of solemnizing marriages, shall not affect marriages among the 41 people called friends or quakers; nor marriages among the people of any 42 other denominations having as such any particular mode of solemnizing 43 marriages; but such marriages must be solemnized in the manner hereto- 44 fore used and practiced in their respective societies or denominations, 45 and marriages so solemnized shall be as valid as if this article had not 46 been enacted. 47 § 3. Section 13 of the domestic relations law, as amended by a chapter 48 of the laws of 2022 amending the domestic relations law and the execu- 49 tive law relating to designating lay individuals to solemnize marriages, 50 as proposed in legislative bills numbers S. 739-A and A. 6300-A, is 51 amended to read as follows: 52 § 13. Marriage licenses. It shall be necessary for all persons 53 intended to be married in New York state to obtain a marriage license 54 from a town or city clerk in New York state and to deliver said license, 55 within sixty days, to the clergyman, magistrate, or one-day marriage 56 officiant as designated by https://Iegiscan.com/NY/textIS02234/id/2650184/New ,York-2023-SO2234-Introduced.htmi 2/4 3/8/23, 10:56 AM New York-2023-S02234-Introduced S. 2234 3 1 l w] a town or city clerk pursuant to 2 section eleven-d of this article who is to officiate before the marriage 3 ceremony may be performed. In case of a marriage contracted pursuant to 4 subdivision four of section eleven of this chapter, such license shall 5 be delivered to the judge of the court of record before whom the 6 acknowledgment is to be taken. If either party to the marriage resides 7 upon an island located not less than twenty-five miles from the office 8 or residence of the town clerk of the town of which such island is a 9 part, and if such office or residence is not on such island such license 10 may be obtained from any justice of the peace residing on such island, 11 and such justice, in respect to powers and duties relating to marriage 12 licenses, shall be subject to the provisions of this article governing 13 town clerks and shall file all statements or affidavits received by him 14 while acting under the provisions of this section with the town clerk of 15 such town. No application for a marriage license shall be denied on the 16 ground that the parties are of the same, or a different, sex. 17 § 4. Section 13-b of the domestic relations law, as amended by a chap- 18 ter of the laws of 2022 amending the domestic relations law and the 19 executive law relating to designating lay individuals to solemnize 20 marriages, as proposed in legislative bills numbers S. 739-A and A. 21 6300-A, is amended to read as follows: 22 § 13-b. Time within which marriage may be solemnized. A marriage shall 23 not be solemnized within twenty-four hours after the issuance of the 24 marriage license, unless authorized by an order of a court of record as 25 hereinafter provided, nor shall it be solemnized after sixty days from 26 the date of the issuance of the marriage license unless authorized 27 pursuant to section three hundred fifty-four-d of the executive law. 28 Every license to marry hereafter issued by a town or city clerk, in 29 addition to other requirements specified by this chapter, must contain a 30 statement of the day and the hour the license is issued and the period 31 during which the marriage may be solemnized. It shall be the duty of the 32 clergyman, magistrate, or one-day marriage officiant, as designated by 33 [f e�r�txa- etl e. 34 ] a town or city clerk pursuant to section eleven-dof this 35 article, performing the marriage ceremony, or if the marriage is solem- 36 nized by written contract, of the judge before whom the contract is 37 acknowledged, to annex to or endorse upon the marriage license the date 38 and hour the marriage is solemnized. A judge or justice of the supreme 39 court of this state or the county judge of the county in which either 40 party to be married resides, or the judge of the family court of such 41 county, if it shall appear from an examination of the license and any 42 other proofs submitted by the parties that one of the parties is in 43 danger of imminent death, or by reason of other emergency public inter- 44 est will be promoted thereby, or that such delay will work irreparable 45 injury or great hardship upon the contracting parties, or one of them, 46 may, make an order authorizing the immediate solemnization of the 47 marriage and upon filing such order with the clergyman, magistrate, or 48 one-day marriage officiant performing the marriage ceremony, or if the 49 marriage is to be solemnized by written contract, with the judge before 50 whom the contract is acknowledged, such clergyman, magistrate or such 51 one-day marriage officiant may solemnize such marriage, or such judge 52 may take such acknowledgment as the case may be, without waiting for 53 such three day period and twenty-four hour period to elapse. The clergy- 54 man, magistrate, judge, or such one-day marriage officiant, as desig- 55 nated by [ 56 the executive law] a town or city clerk pursuant to section eleven-d of https:Hlegiscan.com/NY/text/S02234/id/2650184/New.„York-2023-SO2234-introduced.html 3/4 3/8/23, 10:56 AM New York-2023-S02234-Introduced S. 2234 4 1 this article, must file such order with the town or city clerk who 2 issued the license within five days after the marriage is solemnized. 3 Such town or city clerk must record and index the order in the book 4 required to be kept by him or her for recording affidavits, statements, 5 consents and licenses, and when so recorded the order shall become a 6 public record and available in any prosecution under this section. A 7 person who shall solemnize a marriage in violation of this section shall 8 be guilty of a misdemeanor and upon conviction thereof shall be punished 9 by a fine of fifty dollars for each offense, and in addition thereto, 10 his or her right to solemnize a marriage shall be suspended for ninety 11 days. 12 § 5. Section 110 of the executive law, as added by a chapter of the 13 laws of 2022 amending the domestic relations law and the executive law 14 relating to designating lay individuals to solemnize marriages, as 15 proposed in legislative bills numbers S. 739-A and A. 6300-A, is 16 REPEALED. 17 § 6. The domestic relations law is amended by adding a new section 18 11-d to read as follows: 19 § 11-d. One-day marriage officiant license. 1. A town or, citycel rk 20 shall issue a one-day marriage officiant license upon request. ,Sancti 21 one-day marriage officiant shall have the authority to solemnizRa 22 marriage, which marriaa,ge shall be valid if performed in accordance with. 23 other provisions of law. Nothing herein contained shall nullify the 24 authority of other persons authorized to solemnize marriages. 25 2. Such o e-day Marriage officiant shall be eighteen years of age or 26 over and need' not be a resident of the town or city to which th v apply_ 27 or a resident of the state. A one--day marriage officiant shall have the 28 authority to solemnize a marriage anywhere in the state. 29 3. An applicant for a one-play marriage officiant license must apply. 30 for such license in the same town or city clerk's office as the couple 31 to be married. Such applicant shall not be required to personally- 32 appear. 33 4. A town or city clerk shall be entitled to a fee of twenty-five 34 dollars for issuing a one-day marriage officiant license Such license 35 shall be issued only after payment of such fee and submission of a 36 complted application form. 37 5. The application form shall require the following information of the 38 applicant: name, date of birth, address, email iaddress and telephone 39 number. The application form shall also require the following informa 40 inion of the ,parties to be married; names, dates of birth, and addresses 41 as they appear on the application for a marriages ls . 42 6. Such license shall only be valid for the parties to be married as 43 stated on the application and shall expire upan the earlier of either 44 completion of such solemnization or the expiration of the marriage 45 license. 46 7, Ong-day __Marriage officiants shall be exempt front registration as. 47 required pursuant to section eleven-b of this article. 48 § 7. This act shall take effect on the same date and in the same 49 manner as a chapter of the laws of 2022 amending the domestic relations 50 law and the executive law relating to designating lay individuals to 51 solemnize marriages, as proposed in legislative bills numbers S. 739-A 52 and A. 6300-A, takes effect. https://Iegiscan.com/NY/text/SO2234/id/2650184/New—York-2023-SO2234-introduced.html 4/4