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HomeMy WebLinkAbout4985 APPEALS BOARD MEMBERS �p�► OG Southold Town Hall Ruth D. Oliva, Chairwoman RECEIVE® 53095 Main Road Gerard P. Goehringer y P.O. Box 1179 Lydia A. Tortora • Southold,NY 11971-0959 Vincent Orlando d p! J N 2 9 2004Te>I. (631) 765-1809 James Dinizio,Jr. l �►� Q�765-9064 ` http://southoldtown.northfor$.Q#thOld 'Town Clerk BOARD OF APPEALS ` TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 3, 2004 ZBA No. 4985— BRIARCLIFF SOD Property Location: Main Road and Leslie Road, Peconic CTM No. 97-10-1 CTM No. 85-3-12.1 CTM No. 85-3-12.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 24.97 acres has frontage along the south side of the Main Road (a/k/a NYS Route 25), and the north side of Leslie's Road in Peconic. The property is located in the Agricultural-Conservation Zone District and is farmed and improved with agricultural buildings. BASIS OF APPLICATION: Building Department's May 2, 2001 and April 26, 2004 Notices of Disapproval, citing Code Section 100-30A.3 in its denial of an application under the zoning code for a proposed land division. The reasons stated in the Notice of Disapproval are that the minimum lot size required in the AC District, according to the bulk schedule, is 80,000 sq, ft., the minimum lot width is 150 feet, and the minimum depth is 175 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 20, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants originally applied on July 2, 2001 for variances relative to three proposed lots with less than 80,000 sq. ft. per lot required in the AC Zone District. The May 23, 1997 survey map, amended July 30, 2001 by John C. Ehlers, L.S. ADDITIONAL INFORMATION:AMENDED RELIEF: During the September 20, 2001 public hearing, written and oral testimony was offered, and concerns were raised with regard to the layout of Lots 1, 2 and 4 as proposed on the July 30, 2001 map. The agent for the applicant indicated that a formal presubmission review was not able to be completed with the Planning Board under the subdivision regulations on this proposed layout of the land. Subsequently, the applicants completed the presubmission reviews, and submitted a different layout of the lots as shown on the surveyor's map revised December 24, 2003, for two lots along Leslie Road. Lot 1 is proposed with an area of �y �' Page 2—June 3,2004 r ZBA No.4985—Briarcliff Sod. CTM 97-10-1 74,336 square feet and 23.53 ft. of frontage along Leslie's Road, and Lot 2 with an area of 74,336 sq. ft. Lot 3 will conform with an area of 21.55 acres; the prior request for Lot 4 was removed from the 2001 map. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The surrounding neighborhood is devoted to agricultural production and the nearest residential lots are smaller in size than the proposed two, 74,336 sq. ft. lots. The variance between the size of the proposed 74,333 sq. ft. lots and the code required size of 80,000 sq. ft., will not be discernible or have an adverse impact on the character of the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has sold the development rights to the remainder of the parcel (lot 3) to the County of Suffolk. Since the County will not return the development rights, the applicant has no recourse except a variance in order to create the two lots. 3. The variance granted herein is not substantial and represents little more than a 7 percent reduction in the 80,000 sq. ft. code requirement. 4. The difficulty has been self-created. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of two residential building lots, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, as shown on the map prepared May 23, 1997, revised December 24, 2003, by John C. Ehlers, L.S. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly Page 3—June 3,2004 ZBA No.4985—Briarcliff Sod CTM 97-10-1 addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5- Ruth D. Oliva, Chairwoman 6/25/04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 20, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold,the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 20, 2004, at the times noted below: 1:00 PM BRIARCLIFF SOD, INC. #4985. Request for Variances under Section 100-32 (Bulk Schedule) based on the Building Department's May 2, 2001 Notice of Disapproval, amended April 2004, concerning two lots(out of three in this proposed division)with less than 80,000 sq. ft. of land area. Location of Property: North Side of Leslie Road and the South Side of Main Road, Peconic; CTM 85-3-12.1 and 12.2 and 97-10-1, consisting of a total area of 24.97 acres). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 10, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD �s7APR IVED C _ BUILDING DEEP 4RTMENT 7 2004SOUTHOLD, N.Y.NOTICE OF DISAPPROVAL ' OF �^�GALS DATE: April 26, 2004 TO: James Fitzgerald A/C Briarcliff Sod PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated April 23, 2004 For a permit for a lot set off(subdivision) at Location of property 38920 Main Road, Peconic, NY + " County Tax Map No. 1000 - Section 85 Block 3 Lot 12.2 Is returned herewith and disapproved on the following grounds: The proposed lot set off is not permitted pursuant to Article IIIA Section 100-30A.3, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the AC District, according to the bulk schedule, is 80,000 square feet, the minimum required lot width is 150, and the minimum depth is 175 feet. The proposed lot set off would create two non-conforming lots that measure 74,336 square_feet, respectively. ' Auth rized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. C: file, Z.B.A. rkaf FORM NO. 3 2 �Of.1P.• ���. -� � LL�� L�J 1111 t TOWN OF SOUTHOLD BUILDING DEPARTMENT [MAY I I ZOOS• � I SOUTHOLD,N.Y. �I NOTICE OF DISAPPROVAL DATE; May 2, 2001 TO James Fitzgerald A/C Briarcliff Sod Inc PO Box 617 Cutchogue NY 11935 Please take notice that your application dated February 27, 2001 For permit for subdivision of land at Location of property Main and Leslie Rd. Peconic County Tax Map No. 1000 - Section 85 Block 3 Lot 12.1 & 12.2 97 10 1 Subdivision Filed Map # Lot# Is returned herewith and disappro ed-,on the following grounds proposed subdivision not permitted pursuant to Article III Sectio 100-33 hich states No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking ScheduleEN incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. Bulk schedule requires minimum lot size of 80,000 square feet-in this AC zone V -------�-- -- ------------------- Author Signature TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB LOT ACR. 3, REMA KS l G Leto 3 TYPE OF BLD. 31,11 Prs-t Ex Klrzza - )i o PROP. C SS 3 ` -7- '' `• /' D (� LAND IMP. TOTAL DATE FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL COLOR TRIM , M. Bldg. O Extension Extension Extension j Foundation Both Dinette Basement Floors K. porcl�. Ext. Walls Interior Finish LR. B Fire Place Heat DR. GarogeType Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. - Dormer Driveway F TL'N OF SOUTHOLD 1b. ..ddE7!TY ,,r-ECO-".D Co47D OWNER ISTREET�3-5/ VILLAGE DIST. SUB. LOT FORMER OWNER N E I SnA jr S W TYPE'OF BUILDING /4 RE$- SEAS. VL. FARM)k � COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 707) 7� 6_6 e 012 - ,E9 72, _r6j T > Z X J -1�kr A-1-611 J —7 2- e-0 C-U pv 4/ 730 ( 44/;7-3 4Z -2.z 1 3 - :2�-, zP7 3c-) r tillable FRONTAGE ON WATER //4 173 c) ,4-1 7 3 I Yoodlan -3 d") FRONTAGE ON. ROAD 19 0c) 6 6 Cil 3 419 /1 0,3 130 _3 i"lq C C) Aead6wk*W DEPTHg Iq/C/4_L. I/ q0,0 IE3 19 UIT f Iu �(v plot BULKI-I I lq6_A6 b LI;7?,Dj . -Z 'Otal 11 Boom MEMMMEN ENO ■���EMEMMUMME IMEMMEMBE No ■EMENUMMEMEN NoNONE ONE moon MEME■■■■ No ■�■■■■■■■■■■■■■■■■■ONE MENNEN M moon mossmons MOMMEM mommosom MENNEN MENEM NONE so ONE moommossommsMENEM MENNEN ��� MESONS onsommomi M noron ��������������������� .■ No so ■■ ■■■■■■■■■�■.■■■ ■■■■■■■. Q = - TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 3 � VILLAGE DIST SUB LOT n� Cccr1 ZIA P ACR. AQKS , 4- � _ - �. c r LIi q� ►gam, TYPE OF BLD. -ZVI �' x 1 1'30 : -1 a7a E L 17z_h ioa PROP. CL.A S 311 vj? 11J 0 �t $I /o`O _C) r P c t. it 2.( t-AND IMP. TOTAL DATE /1 q17 // G' </ p 3 .c d UQrP (�o bao l g - ' r FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND __ BULKHEAD HOUSzT o o iI Assigned No. For Office Use Only Fee$ TOWN OF SOUTH!6L , EW-Y'ORK .t APPEAL FROM DECISION OF BUILDING INSPECTOR DATE OF BUILDING INSPECTOR'S DECISION APPEALED: .......... ..23.. 2001....... ................ James E. Fitzgerald, Jr./Proper-T Permit TO THEIONING BOARD OF APPEALS: I (Appellant) of... .......................... (Tel # 734-5800 ) HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED_-_:.:.512'01 c� WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED.... R: ( ) Permit to Build ' - � ---- -- - — R E C B V E D __ ( } Permit for Occupan BRIARCLIFF-SOD-(FITZGERALD')4985---1=; E ( ) Permit to Use SUBDIVIDE LAND-2 UNDERSIZED LOTS MAIN RD PEC 97-10-1, 85-3-12.1 & 12.2 AC JUL 13 2001 { -) Permit for As-Built - - - - - - (X) Other. Approval to Subdivide 5040rhold Town Clerk 1. Location of Property....Xain ,Roadt,.,Peconic Zo e, A-C:- ..... .... .................................................... D1sMct1000Section..97,...Block� ...lot(s).1,j,.1„&„1.2.2-Current Owner.Briarc„iff'..S'od Inc. 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article .Ill. Section 100- J.3....Sub-Section .............. 3. Type of Appeal. Appeal is made herewith for: (X) A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap. 62, Cons. Laws Art. 16, Section 280-A. ( ) Interpretation of Article .......... Section 100= -::................ ( ) Reversal or Other. .... ......................................................................................... 4. Previous Appeal. A previous appeal gj"ft (has not) been made with respect to this property or with respect to this decision of the Building Inspector(Appeal #...... Year .......). REASONS FOR APPEAL (Additional sheets may be used with applicant's signature)• AREA VARIANCE REASONS: (1) An undesirable change will not be produced In the CHARACTER of the.neighborhood or a detriment to nearby properties, if granted, because: See attached sheet for all responses, (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance- will NOT have 'an adverse effect or impact on the physical or environmental conditions in the neighborhood or district becauso: (5) Has the alleged difficulty been self-created? ( ) Yes, or '( ) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ( ) 'Check this box if USE VARIANCE STAND DS re co t -the Sworn to before me this a8 (Sig ture of Appella � r Au o ed Agent) day of ..��1V.N ........ 20¢L. ( nt must submit orizaticn from Owner) G �, r�„ �/AApp 08/00 Notary Public JANE R. MINERVA NOTARY PUBLIC,State of New York No.4853108,Suffolk County /, Commission Expires February 16, &6D_2_ r ' Appeal Applieation, Continued - BOARD OF APPEALS:TOWN OF SOUTHOLD COUNTY OF SUFFOLK:STATE OF NEW YORK ---------------------------------------------------x Application of ..:..................................... Appeal Application (Continued) Property ID# REASONS FOR USE VARIANCE ....................... .......................................-...........x Continuation of Appeal Application for a Use Variance (when applicable): For Each and Every Permitted Use under the Zonina Reaulations for the Particular District Where the Protect is Located (please consult Your attorney before completina): (1) The applicant CANNOT realize a REASONABLE RETURN because: (2)The;HARDSHIP=relates to-th6)propertycdr dJd'oe§not apply to a substantial portion of the district or neighborhood because: (3) The relief requested will not alter•the essential CHARACTER of the' neighborhood because: (4) Has the alleged difficulty been self-created? (. ) Yes, or ( ) No. (5)This is the MINIMUM that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety, and welfare of the community because: (6) The spirit of the zoning ordinance will be observed. 1Ii (7) The public safety and welfare will be secured and substantial justice done. UT-j ,UJ (Signature of Appellant or Authorized Agent) Swom to before me this .day of ................. .. 20_ q g, t,r��a _.. _� .�i: l Yi (Notary Public) s LA G i lr _ � `� s.- .. .I.1 v J ZBA App 08/00 Applicant: Briarcliff Sod, Inc. REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The surrounding properties are devoted to agricultural pursuits. The nearest existing residen- tial lots are 1.1 acres in size;the proposed lots will each be more than 1.8 acres. No additional development is proposed for Lot#4, which is an anomaly. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The development rights to the surrounding land, Lot No. 3 of the proposed subdivision, have been transferred to Suffolk County. The County will not return the development rights to any portion of Lot No. 3, and so the land to be divided into two residential building lots(Lots No. 1 and 2) cannot be increased in size. If the variance is not granted, the owner will suffer a se- vere financial burden by reason of being able to sell only one building lot. 3. The amount of relief requested is not substantial BECAUSE: The property in question is in the A-C District, for which the regulations specify a minimum lot size of 80,000 square feet. Each of Lots No. 1 and No. 2 are 74,336 square feet in size. The difference is slightly more than 7%. The "amount of relief'test should not be applied to the anomalous Lot 44 which is proposed only because the County did not want it and the existing barn on it included in the transfer of development rights agreement. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The small deficiency in lot size will not be noticeable mainly because of the relatively large proposed lot size, but also because of the smaller lot sizes of the closest residential lots. The impact on environmental conditions will not be any different from those expected if the two lots were each of the required minimum size. 5. Has the alleged difficulty been self-created? ( X ) Yes ( ) No 6. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. ' STATE OF NEW YORK) COUNTY OF SUFFOLK) es E. Fitzgerald, Jr. ent roper-T Permit Service Sworn to before me this ...a 8 ......day of..... U�J e............ 2001. JANE a.twiNg VA WARY Pugtic,State of IVew York ....... .6-MU.P.wvk�w... .................... AOfAAiig9io 4853109,ExpresS February 18�1 ¢Dd Not ublic i 1-n-eD • MATCH, - • a[ "C. .0. ONa a[N[C. NO. L tD to ac. N0. 00 r N 1 c X Llxc -�-- ` q •�.•. �� MATCH YNTC / L - -- m I•N06 NO, ` i • rVl1 IMRCR 11a roll MROCL 110. ♦ AR IYICLL N0. /t NH NE0.IIO.ON] f[k aC MODU \a[as M0.0p •�:' iJi 4•T4+� al eca M0.00- • ' • ••�T 1T etal.d . -03-008 , •0]•OILf -oa-010.• rt.l 4��,. '• l t L TOWN Or NOVTXOLD �• • t-a�,\•l ` NS,�, � y (0[V[LOfYENT M•XTe) .`r� t � rh I m er •Nye j ♦ 1• t 'd 1e.eAM1 i t` 11.• d„ +ar ; t II-a tp ♦ t,•M.s ue: ,• TJ'•� r NO 1 •rT e7 IL• .6 1 k IW p f ; .6. 1.1A It "All / y �e •��,i 4 8 e•rlde !1!A T}• ► x.a � tP6:1 4yLi �; _ 4 COOMTy Dr wf.oLt 6 N:.) 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R•11�1 - N41 LYh ���� Md,NN Lr _--r_—_ I..d ll. 9 o..I M.. ItA rl Oep dC•rl.11r fig � fA.J d„In llp �—CX—_ /••�d.,ns.L1w —.1_—_ IiA.i.r N1.a N.. P7) WsIY.I Nw 1]A4) _ _ May 20, 2004 ZBA PUBLIC HEARING — BRIARCLIFF SOD The Problem: In 1994, Mr. Cichanowicz in preparing to sell the development rights to part of his property to Suffolk County while retaining a parcel to be di- vided into two building lots on Leslie Road arranged for a survey to be completed. The surveyor was instructed in a general way to accomplish this on paper. Lots #1 and #2 were drawn in at the appropriate width of 175 feet, but the lot depth as drawn was insufficient to provide lots of the size required in the A-C District. Since the surveyor is deceased, we can only specu- late that the error had its origins in the geometry of the lots: if they were rectilinear, they would be more than adequate in area. The "round num- ber" depth of 500 feet seems like a figure that might have been chosen with the thought that even with the non-rectilinear shapes it ought to be more than enough. Obviously the arithmetic was never done. And so we find ourselves before the Board of Zoning Appeals. The Details: The required width (frontage, in the present case) of a lot in the A-C Dis- trict is not less than 175 feet. The total width, 350 feet, of the area com- prising both Lot #1 and #2, was perceived to meet this need when the original map was drawn. If the combined area were rectilinear, the "height" of the rectangle would be this same 350 feet. The non- rectilinear area, however, has a height of only 297.3 feet, because of the angles formed by the intersection of the front and side property lines. The area of each lot is 74,336 square feet. The difference between this and the required minimum is 5,664 square feet, which is a deficit of 7.1%. The difference viewed from the standpoint of the 19.415 acre parcel for which the development rights were sold to Suffolk County is 0.6%. Mr. Cichanowicz states that he did not achieve any financial gain as a result of the incrementally larger property for which the development rights were sold. Considerations: The benefit to the applicant if the variance is granted is that he will be the owner of the two building lots that he contemplated owning when the 1 , survey was undertaken by a licensed professional expert. The variance, if granted, will not be a detriment to the health, safety and general welfare of the neighborhood or community. 1. The surrounding properties are devoted largely to agricultural pur- suits. The nearest existing residential properties are 1.1 acres in size, while the proposed lots will each be more than 1.8 acres in size. 2. Because Suffolk County will not sell back to Mr. Cichanowicz the development rights to any of the land already transferred to the County, the total area intended to provide two building lots cannot be increased in size. If the variance is not granted Mr. Cichanowicz will suffer a severe financial burden by reason of being able to sell only one building lot. 3. The relief requested is not substantial; as I mentioned earlier, the area deficit of each lot amounts to only 7.1%. We are sure that the small deficiency in lot size will not even be noticeable in the area because not only of the relatively large lot sizes on an absolute ba- sis, but also because of the smaller lot sizes of the closest residen- tial lots. The impact on the environment will not be any different from that expected if the two lots were of the required minimum size. 4. It should be noted that as a result of the sale of development rights to the County, the proposed subdivision includes only two building lots. The property originally could have included many more build- ing lots, but Mr. Cichanowicz chose to sell the development rights to the major portion of the property. When we first appeared before this Board, on 9/20/01, the Board ex- pressed concern about the anomalous Lot #4 and asked that we discuss it with the Planning Board. On 12/15/03 at a Planning Board work session it was suggested that Lot #4 be eliminated and that the area of Lot #4 be included within the property lines of Lot #3, but that the area be desig- nated on the survey as outside the "limits of Suffolk County development rights". This change was made and the Board has the resulting map be- fore it. It should be noted that this proposed subdivision is in substance identical to that which this Board approved after a public hearing on 1/13/00 for the adjacent property to the East except for the configuration of the two individual building lots. d r< S ;r In discussing the project with Suffolk County, Mr. Cichanowicz learned that the County was not interested in acquiring the barns in the northern part of the property. The map was drawn excluding the barns; since there were no plans to do anything with the property the barns occupied, a pro- posed Lot #4 was drawn in to maximize the area available to the County and minimize the area occupied by the barns. The resulting map was used to prepare the Deed of Development Rights, and the development rights for Lot #3, an area of 19.415 acres, were sold to Suffolk County. The Suffolk County Tax Maps were modified accordingly. When Mr. Cichanowicz took to first steps to officially subdivide the property, the error in the calculated geometry came to light and it was noted that Lots #1 and #2 were each only 74,336 square feet in area while the minimum lot size in the A-C District is specified as 80,000 square feet. An attempt was made to resolve the discrepancy by requesting that the County sell back the development rights to the small area necessary to bring the two building lots up to minimum size. I went to the Suffolk County Planning Department in Hauppauge and spoke to Bob Riekert, who said that there was no way that the County would be willing or able to sell any of the development rights back. • • - 1 1 aka . I 6e . 1; r r�CwlIG1YIti r ,. -Y• � �,��!` 'Y' i�z'�E(6�*`���,��.. cs - ""ri -sr-``"",G•r-7'-tF'.-�„k'��^✓ s *-'�'' �- `cz�3•.E-*"�•i�3.'s a •'�yf[��".�ii �� fw?C E E�P �1' • e • •/ • •I:tt c Ip t G u=`A ittY @t d�1..�e�.+e 7 � ;ii; ;eT-&nIS.'Tes..-�tI7 i Gfi't-tZ1�•-tk;.•hGd"i1'C, [:sd8m•!~I'}RfMi_rFCTl-,syta 'S�"S� Emil. 1S ' 1-4 l l.:4wZi F�bo 11� f) 1 0 Alf 6 �(b0CF1[ 0,8 i d e cop h3e'� *xt'_;v �- -tI y' t, V:!F'CJ�nmil T`F46 � �... •i�4� owl�VN i-1 �d Q rP'5 vT"� �Fyh ,.5.a�:fYS 3d i( [ � 'c r"�3 Ft.tS I[ a i 'I�F*� +' {' �Y+'t 1•<i i tii yb r x ,!a F2 J sd5 GEX r f if f h 'l;ale to I. �@ G�„ +"xxt.'a N' mb ;�� �T4 � Ham . ` 3 �� 2. � S=� ` e tG ei .L t{ `y'eta s3 xr r ,r 'fir �t e Y �f S ��5t 1(t�e�it i }.i(�.� +a5f7[qFi��,�'Y'G.At ir�.[+�pr .{. �uF�i�•_"F'L9 Fest ••ri [e .'�41t .Y;a p kG�" e10�?I{ a c1.t 1ltl' �` `S_I�}�•r�'h'r�/L�� �� r�+Y x.�" b t�.�f'..� S'� �.'M 5 �i�� F [ t G IBC 't�•{: (e{ I j2�G{[ +CFI ' f}5F '�,Z,�F� i yW it IitHp i+s S-{}'h�/�� •r+T �' :T ttr•—t I{JiF. 'a rll It�f vlY ;[• I �t dll [i y t lidf l i i u[r, er ��I dFy s 1�.{Y�lif:):=�y'Te, (F1f .oriF�e livl �tv�.etc{{elc.c.`r�c{fi I htM�r�� n{.r•(-�G� � I[ad'r�`�jy G o�{. -L'e';v)dYGe � r..l + {t,?�,CIZS� tt3 9:35 a. 'AUL ORLICK, Property 370 Dogwood Lade, E At _ Contract Ve Owner- Estate of A. Marion;CTM 38-5-3.` ?,. Orr) #5519 Request for a Variance 10:40 a.m. MA:RIO RIVET_ under Section 100-244, based on the #5532. Request for a.Variance unc, Building Department's March 3, 2004 Section 100-242A and 100-244, ba« Notice of Disapproval concerning a pro- on the.Building Department's April posed new dwelling at less than 35 feet 2004 Notice of Disapproval concern- from the front lot line, at 1300 Leeton an as.-built addition.(foundation,-unq Drive,Southold;CTM#58-2-1 construction,BP#36138Z),a portion 9.40 -a.m. THOMAS ROSICKI/ which is less.than 10 feet from the s- SPARKLING POINTS, LLC #5526. property litre, at 1435 Hobart Ror Request.for a Variance.under Section Southold•,;CfM 64-2-11. 100=3dA.4:, based on the Building 1 :45';a:m;'DAVID.C:and MAR Department's March 17,2004 Notio6 of W: AT['ER SON#5530.Request fo.- Disapproval, for the reason that the Variance undei Section 100-33C,bas. ,existing.building is less than 100 feet on the Building Department's March from the front.lot line at County Road 2004 Notice of Disapproval,concern 48. Applicant proposes tq convert the the p pposedside.yard locatioA.of a ne existing.building"use from agricultural-, non-habitable accessory building(pi: nursery to agricultural=winery.Location house/garQge),after removing the.exi: of Property: 39750 C.R. 48,-Southold; ipg accessory garage,at Central AVehi; CTM 59-10.-1. 174ers 41and;CTM 6-4-4. 9:45 a.m. ROB'ERT; VITELLI' 10:50. a:m. LAU.REL. LINE #5521 Request-foi a :Variance under COUNTRY CiXt.#5528.Request.f Section 100-33, based on tie Building a Variance under.'Section 100-23 Department's February 19,2004 Notice based-on•the Building Department of Disapproval. Applicant proposes.•a Marcb 31,2004 Notice:of-Disapprov; swimming pool in a yard defined,as a concernrninp a tennis:court with fencii &oni.Yard,rather than the code required which wl.exceed the:toile.height liiri rear yard, at 1045:Gillette Drive,'$ast tatidn of suit feet wheel.ocatedIn'a fro Marion CTM 39-3.I. yard of,a houresiditatial idae;at 47 1 0:50 a.in. .EFS'TATHIOS: -and Great,P000nic 4Bay:Boulevard,L#' t MARYtCNN. "TSOULAS. #5522. • CTM 125-4.24.23; Request for a,Variance under Sections. 1:00. .m.B, f a RIA)(iCLOiSOD;INt 100 242A and lO.244,'based do the #4%5. Regtiest=forte Vari>#nces_und+ Buiiding-Depaitment's'March 12,2004 Sectioneq&0 32-(gi-If-- Notice se Notice of Disapproval;amended March' on the Buil d►ng'Department's May 22; 2004 Notice of Disapproval. 2601 Notice..of Disapproval,,ameade Applicants propose a second story addi- April 2004,contenting two lots:(out r lions. for-additional living area and three in tW proposed division)with it: upper deick,over the existir*dwelling than 80;000.sy,ft.of land'atea LotaBc constriction,and adding a roofed entry. of.Property:North Side of) rid iff>fd] over the existing concrete patio, por- il the South Side of Mai i,bons of which are iess than 35 feet from Road Peconic; CTM .85-3-1211 8n the front lot line,and with If 'proposed 1122 and"97:10-1,co`nsrstiiig.of,a:toU new garage,.the lot coverage will.be in iuea of 3A.Q7 a6i es) excess of the 20% code limitation. 1.05 a m. 9j MEER'S ]t'MARKE! Location of Property: 1175 Fuss Street, AND ,DELI d/b/a NORTH FOR] New'Suffollt;CTM 117-7-27, MARKET.& DELI/RAYMOND.an 10:00 a.m. PETER.and ARLENE LAUREL FERRICIC#5531.. Reque: MANOS#5523.Request for a Variance, for a Variance unz' Section 100eque! under Section 100-33C, based on the based on=-the Building bepartmerit' -101 Building Department's April 1, 2l)04 April 15', 2004 Notice of.Disapprbva Notice of Disapproval.Applicants pro- amended April 20',2004',concerning`th location of a new:bus Pose a swimming pool in a yard defined ih*building wit as.a.side yard, rather than the code- proposed setbacks,at less than..100•fee t required rear.yard,at 2000 Sound Drive,` 6m 1 a.right-0of way at Main'Road an+ Grecnport CTM 33-1-18. Legion,Aveque. Location of Property 10:05 am.ROBERT AND JOANN • 11155 Main<Road,_'Mattituck; M. HEGERMILtER #5525; Request for 142--2-22. - a Variance.under Section.100-244 based 120,,�p m..MATTA-MAR .MARI on'the Buil .. �ar9 A >QYG. �g�nspectrir's� 9; N #5494'. Request ,for , 2004 Notice of Disapproval concerning Variance under Section 100-239AB an addition to a new dwelling under based on-the Building Department': consthuction, ($�:,#2961-5.-Z), :wtiiC.h. Dec—mber:;,:18; 2Q03., ,Notice .b: `addition wi ;ba.less than 35'feet from ,.Disa °val.: lucent, roposes':.ai ihe':fidnt.lot ling; of.82 Gieei p. 5; Highadilltiian sco thb`;e '33-2 44 acting stvrzsge;bltildriotg Lanb,.Gi QW0.1% " •` .which l:ie':less' > $omsthe t '.io Io a rn,ANC$pR IAr1 'L1LC`.+ ::c M> t3ito t>;iz?lrtjkjie8d #3526: R tx eq, ce for`.a::�atian " der-un i --'ii'f:T�255,.mclrliariiAv�tiiie;',!lv1?attilitck Section lOQ<239:413 Based "on the C1(vj.l'id 3=Y. Building. Dep.aitmdries April 8, 2004 The Board of , wril.hear all Notice of D*pptoval jo reconstruct APP��L 5rstfloorin. . persons,of their represeht$t i4,,desit- p�ace and second st6q.dver ing to behead at each heating,an<lidi existing foundation,and new foundation desiring to submit written statements for addition, within 75,feet from the before the conc(u4ion.of.;elach:heati#g. closest.bulkhead,:at 1615 Anchor Lane, :k aB Rnll ttot-AW:earlier than Southold;C7'I1s7661.:`— designated above.Fir available for ::10'15 a AI¢jRK. and::CARLA - `, re*w.d-*. boviri hours:If Rep est: :far ,a, You E!ariaace under`5ectiein haze:questions;.ilease' :not'hesi= :100-33`baed od. the .totgfo:ca (I31j YS-1$ :` Building pepartmejits> 12;..2D03,066ces9f=AisapRr`ovat`coh- cxrriiiYga6. es o 3:88.. e PnoPosed: '. il$fi�ieil=as: a Ri3 #:15+ I311RiTi�O ( a Yam'' 'frgrit. bh3 .. yard er;" thauAieoode r' �y da:Kbiv81sk1: The. ^IL,ong:�i'aj;`1 est'M4itioQ; IM:3E i�: -� b'' '#6062 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 6th day of May , 2004. bhuj-k� CHRISTINA VOLINSKI PtGTARY PUBLIC-STATE OF NEW YORK Principal Clerk No. 01-V06105060 Qualified In Suffolk County �rryMIsalbn Explrea Februcf.y 28, 2008 Sworn to before me this I day of 2004 I �. 'LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,MAY 20,2004 t. PUBLIC HEARING.,- .. - NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law and Chapter 100(Zoning),Code of the, Town of Southold,the following public hearing will be held bythe SOUTHOLD TOWN BOARD OF APPEALS at the .I Town-Hall,-53095 Main Road,P.O.Box' w 1179,Southold,New York 11971-0959, on THURSDAY,MAY Y 20,2004,at the times noted below- 1-00 p.m.BRIARCLIFF SOD;INC. #4985 Request for'Variances under Section 100-32 (Bulk Schedule) based on the Building Department's May 2,: 2001 Notice of Disapproval, amended April 2004,concerning two lots(out of three in this proposed division)with less than 80,000 sq.ft.of land area.Location of Property North Side of Leslie Road and the South Side of Main,Road, Peconic; CTM.85-3-12.1 and 12.2 and 97-10-1, consisting of a total area of l 1 24.97 acres..The Board of Appeals will hear all persons,-or their representatives, desir- ing to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will"not start earlier than I designated above.Files are available for I- review during regular business hours.If i you have questions,please do not hesi- tate to call(631)765-1809._."Dated:May 16,2004 BOARD OF APPEALS l RUTH D.OLIVA,CHAIRWOMAN, I 16062-1T-5/13 By Linda Kowalski - - FF0j/r APPEALS BOARD MEMBERS co, Southold Town Hall Ruth-D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer y = P.O. Box 1179 Lydia A. Tortora %;�S "+ Southold,NY 11971-0959 Vincent Orlando $' p!� Tel. (631) 765-1809 James Dinizio, Jr. �Ol �a Fax (631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD June 29, 2004 Mr. J. Fitzgerald Proper-T. Services, Inc. Box 617 Cutchogue, NY 11935 Re: Appeal No. 4985 — Briarcliff Sod, Inc. (Lot Size Variances) r Dear ' gerald: Supplementing today's fax transmission, please find enclosed a copy of the variance determination rendered by the Board of Appeals at its June 3, 2004 Meeting. Our office has today furnished a copy to the Building and Planning Offices, however, you may wish to contact their departments directly (765-1938, 1802) regarding questions or other documentation that may be requested in the next step of the building, zoning and subdivision review process. Thank you. Very truly yours, 4",� /( QL aL a, L& Linda Kowalski Enclosure Copy of Decision 6/29/04 to: Building Department Planning Board Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 April 2004 p , Principal Building Inspector Building Department Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Disapproval for Briarcliff Sod. SCTM#1000-85-3-12 1 & 12.2 and 1000-97-104 Dear Sir: A Building Department disapproval for this proposed subdivision was previously issued, but an updated and amended disapproval is now requested for the minor subdivision of the property of Briarcliff Sod, Inc. (The earlier disapproval was issued under the name of Frank Cichanowicz.) It is proposed to subdivide the existing properties as shown in Suffolk County Tax Maps and as referenced above into three lots, of which two (Lots#1 and#2) do not meet the minimum area requirements for the A-C District. The development rights for Lot#3 have been transferred. It is presumed that a variance from the Zoning Regulations will be required, and the purpose of this application is to obtain the necessary disapproval from your office. Sincerely, mes E. Fitzgeral Enclosures: Application Fee($35) Survey(Ehlers, last dated 12/24/03) cc�L,md"K Iski;ZBA� 7111 a subsidiary of THE PECONIC EASTERN CORPORATION Proper-T Permit Servicesjw a �� POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 RECEIVED MAR 2 3� 2�02044 March 22, 2004 ZONING BOARD OF APPEALS 2,9A(S/.?d1 V ) 1 Chairwoman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Appl. No. 4895, Briarcliff Sod, SCTM#1000-85-3-12 1 12 2; 1000-97-10-1 Dear Madam. At the public hearing on this matter on 9/20/01, the Chairman asked that we have the project reviewed by the Planning Board. That review has now been completed and as a result ceratin changes have been made in the map showing the proposed subdivision. The formerly-proposed Lot #4, which was the cause of concern among the Board members, has been eliminated and that change is reflected in the attached maps. Seven copies of the revised map (Ehlers, last dated 12/24/03) are attached. We would appreciate it if the Board would continue its consideration of this proposed subdivision. mes E. Fitzgera r. a subsidiary of THE PECONIC EASTERN CORPORATION QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals .(and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Briarcliff Sod, Inc. Owner F;Pa,iqk re.1AIa3gAWiQB Cnr= 'President B. Is the subject premises listed on the real estate market for sale or being shown. to prospective buyers? { } Yes { g } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes f-x) No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the proper�y buUkheaded- between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N_ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are zsvbmitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy Of your building permit and pas approved by the Building Department. If none, please state. H. Do YOU or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list res t e or operations conducted at this parcel Agriculturesod� and proposed use Agriculture, us two resiciences n ls- 6 Ol JUN 7-19,2001 �►u rued e 3 ?, I0/901k -- 1416-4(2J87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 APPLICANT/SPONSOR 2. PROJECT NAME James E. Fitzgerald, Jr. Briarcliff Sod, Inc. Subdivision 3. PROJECT LOCATION: Municipality Pe c oni c County Suffolk 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) See attached maps. 5. IS PROPOSED ACTION: UNew ❑Expansion ❑Mod ificationialteration 6. DESCRIBE PROJECT BRIEFLY: Subdivide one approximately 24.97 acre parcel into four smaller parcels. 7. AMOUNT OF LAND AFFECTED: Initially 24.97 acres Ultimately 24•97 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No If No,describe briefly Some lots are smaller than minimum size per zoning regulations . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: Adjoining properties are used for agriculture. Medium-size residences are nearby. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? 1ZYes ❑No If yes, list agency(s)and permit/approvals Southold ZBA, Southold Planning Board, Suffolk County Health Dept. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes n No If yes,list agency name and.permiVapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING'PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE James E. itzgerald, Jr. Pr0.p T mit Serv' ces •Applicantlsponsor name Date: 27/01 n Signature: u 7 nb � _VV 292001 �� the action is in the Coastal Area, and you are a state agency, comple� e Coastal Assessment Form before proceeding with this assessment OVER 1 " TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL PUTHOLD,NY 11971 TEL: 765-1802 BUILDING PERMIT APPLICATION CHECKLIST: Do you have or,need the following,before applying?: Board of Health? 3 sets of Building Plans Survey Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Approvdcr '20 -- PERMIT NO. Disapproved a/;` Building\Inspector APPLICATION FOR BUILDING PERMIT Date April 23__, 2f 4 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to sale.Fee according to schedule. b.Plot pltn shawing location of lot and of buildings on premises,relationship to hiboining premises or}iublic streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. e.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of i Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building cod using co egulations,and to admit authorized inspectors on premises and in building for necessary inspection . iBo(Signature f a icant or ame, a corporation) s E. FiiWeraldg Jr. x 617t Cutchogue NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Applicant is the agent of the owner. Name of owner of premises Briarcliff Sod Inc. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. i �, 1. Location of land on which propos ork will be done: No # Main Road / No qWslie Road, Peconic House Number Street Hamlet 4 85 3 12.1 & 12.2 County Tax Map No. 1000 Section 97 Block 1 m Lot 1 Subdivision N/A Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Agricultural b. Intended use and occupancy Agricultural and residential 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Minor Suhd i vi a i nn (Description) 4. Estimated Cost Fee (to be paid on filing this application) 5. If dwelling,number of dwelling:units___,.,, IJuMber of dwelling units on each floor If garage,number of cars ci 6. If business,commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear . Depth Height Number of Stories 3. Dimensions of entire new construction: Front Rear Depth Height Number of Stories °'. Size of lot: Front Rear Depth 10. Date of Purchase 3/3/81 Name of Former Owner Arthur J. Bu jnowski 11. Zone or use district in which premises are situated A—C 12. Does proposed construction violate any zoning law,ordinance or r�ryvlation: Yes '13. Will lot be re-graded No Will excess fill be removed from premises: YES NO Br.'--rcliff Sod, Inc. Main Road, Peconic 765-1220 4. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. ,.5. Is this property within 300 feet of a tidal wetland? *YES NO XX • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 6. Provide survey, indicate scope of project, to scale, with distances to property lines. 7. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. TATE OF NEW YORK) SS: 7OUNfY OF 8uffol James E. Fitzgerald, Jr. being duly swom,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, -)He is the agent (Contractor,Agent,Corporate Officer,etc.) said owner or ow ors,and is duly authorized to perform or have performed the said work and to make and file this application; .at all statements contained in this application'are true to the best of his knowledge and belief; and that the work will be formed in the manner set forth in the application filed therewith. ':om before me dos -- __ day I 201�_ u Nn Signature of licant ; Notary Pu OSIO lic,State Of NewYbtll No. 01D06095328,Suffolk unty Term Expires July 1,20 r� rlop 0 ocr-nuir I 'r L.o"G THE AREA OF THE PROPOSED I PROJECT IS CIRCLED ' •� I Y 11935 <�� fqt ib CurCHOGUE r t M1 Yoch'e =�^ °s', EAST <ti CUTCHOGUE• �,� ;,I CEN. Isl 9 - Cu1CNOGu[ < vs. lr ?j <i QIs e, C U T C H O U,E 'O. 0 r HOG NE B A Y _(--7 ; CEOW LITTLE NORTH FORK Marsh PI ° \+ HOG COUNTRY �cr NF CK y sr r y v� ctuB -ELT pr o : tJes � O s 11 O1nG�eLL CUTCHOGUE- , NASSAU ,s r/ HARBOR °°•< "' POINT a,.c� Old Core - ; tookaPt Y..C. Xirno ene •w M (7 0`i76 Pt 0 c wunneweta C10 and A NEW SUFFOLK �, 1 i . l NORTH RACE 1I Nassau atnt VICINITY MAP Briarcliff Sod,Inc. SCTM#1000-85-3-12.1 & 12.2;and 1000-97-10-1 Represented by PROPER-T PERMIT SERVICES P.O. Box 617,Cutchogue,NY 11935 James E. Fitzgerald,Jr. 516-734-5800 June 27,2001 FOR Item NO. - ==MO eEE fEC. MO. OF. MATC l. OML•pa.gfJ N LAM!_ KE TLN!_0 TINE ap J a[ece.Mo. 3 II Egg to If � ,po F I; ed zz)A • K \ / .elbl ,\ zz llLrl r 6.4 A 1.1 COUNTY OP tUF"LK ed • Vw 101VELOrMENT RIENTeI CC ARTY o J ' MMCNAA•[fm0 // r O OF le I Y !l•llrl �`O I),I II ` p 4aM•1 e0.[Alcl Oa j e7.eAl•1 lo.l i C •p =oe ! J• eaeal �/' hhI fa.aAt•I \ •// h , aneAbd FO Pee :..A I e.wro.! / .., •1 �• � i b ♦ ,t �. A � Cx c O I u H/2 tt SL,yyQ, /' t0 v • ♦ Dole•rY d e1�rbLe b 'v 10[VCLD�IT RIEMTeI � 4. to , �• f /V a D 4` ' I.s 4 o, ,� +wx�r°'�"xwi�'m.Nb•� j �i.�•. a.e A e o to M I d0 MtiT�,.� l FOR PARCEL MO. ~ o� •I a` k ..,r .r.o:z �a2• ~ ° `� a IOR MRC[L MO. [[[e[C.MO. POM PARCEL r{) ■ in e[C.MO. Oel•01-01!�•e� N0.seE eE6 N0.0f1 j rw •OV �.L I•-. _ ._.. _ LIME MATCH LAM■ , MAY-Luts MATCH Z LAN[ lY'•\ MITOM f! e C.N0.01, Llx[ aC[6CC.M0.Of) Y' Legend KEY UP © COUNTY OF SUFFOLK Tmor SOUTHOLD SECTION N0. s«fr PM.gvelO Lw —,P--- wAr,grMe Lw_—.M•— f�ea,Iw Lv,N• ILA Op D �00 Real Property Tax Service Agen y VILLAGE OF 085 L 6YOI.111. Px•MMr M'Lr TwNlr —_ tl.M1A 0_•�xD„i,M T�Ly IIMM Dywb Lr —_e.lvr d.«vr Llr--e.__ o.«d.w.l:, •Y —1M 111T Count C;enler lY.lw Lr Lr _ VAy— L..k.—Lw --.L:—..I.A II. Q W«d�^.I.� .)•. r OISTRIcr H0.1000 eMn 4,MN.i�1• Isdw« --- Eye Lrl, __—_ PrL d..IM LIr _.r-- P�Iy a o.«.,.. Iz.N Riverhead,L.1.,Naw York aM.I w.lrlr PROPERTY M e.� � se.e oHMw Ly. _—apt-- f...dMnM u.. __.•_— HMl.I.w Y.af ll. R11 ud+«.., Ia y1 , 660 cNy �a �5 .�� ��•� . _ .... .. .. .. .. a[[ a[L Na Wa , IIATON' LINK_ A LIII[ �� � +(r to NO. a•• (M• m No. °H Y A T C Nam_ ("P. L . NI1 MNO(l N0. L a0. Op 11 •� L • wx 11- N6 ( ` K[fEG N6 OH .�T j \ .�aS N6M! fQ aaL IRON Z•L „ rd1 PNI Roll .4 •L,\„t 0....... n.• y tat.¢NaW!- , .•T -oa-ooa \\ 4.0 a n A . •/• 1 •A v T•Na.*,MtM 11 t niiM1 f so ♦\♦' � vq•t t.ans tt f ✓�l -.\ ` est t� � • 1 iiT7leQr rao \•.• gyp. +.o•t•1 l t° .n �.�1•c , \'> 16 OW It.11 l t WONT'OI WIrOIR a —�— (InVR•rfldTtll•NTa) Wd Q,?p , s'.i 't °\'\ •< �' 11.. A.• 1 f t n.f - � WtON PiEE '.tglfJpl f71ST.ND.9 � Ib• IC ♦•af t ea=:Ay U° p t\° , ,I. � � , : '�. ._.$ IA 18.4 tAAAI•t = 10.8 i p a / •� it, �;• 944l•1 o •.f, A ,�• 4• + V�t IfJ I J�\ a0.i Ls• q ,4• •,J µ 'ay as ti a + j"Amt.) # ` ,� ,O Y• I .X J fi p.a � ♦ I( • 1.•A(I) WAa kl a y/ — n a• a'. 31 It •g/�•/ q `,♦!•+�. a t,�i w • j c.•/ia ,•, / O w •t•W AlJ lss s s•'° .�' l ftiMLo'M[NT nlatlnt •� � • � Wit, No.to .. 'a f @ �\,l s+' � • �� •,. •' i�\'•. ;� b r' t`Iy' 'lr/ F': �.:pHT�, ,.t p,\Al m ♦ � a•l »� M Ck •• i,;:1 �. ♦ y-ea mod,..tpN �"a YATON wl 41 �4., rMka tl0. ,,,• ..�trl N.+ rAT— 'LtMc. �f_ri(• TCN ~� I fl(am as 10! ° lINC1; .• nw..• -0,01 , ! s. _ l' .1 i - `'t •\ aQ IIW IN>IW • o } t HUH T•ale+na,A A. b , r .A •.t - /a A .II Lte•14L 1 uktana a Vir • a •YlwwirNA b r•A.16• . n11N• w A iw f,?,:! 4-A •>,L.evn m a•..A.•tF TOaN or$OUTHOLD Ic[rtw. COUNTY OF SUFFOLK er1 Tax Service AgencXReal'ProP Y NL Ly ;Aoo...Yc�• T.+L.. © f.•.t ol..�.l.. .r• Rivrhiaa,;.L.I.,RiwYork 11YM.1�LwtY`��-� 1I11�W --- LI/I°Iwb LY. —{-� .M�It� It. ;A.' •N OJt MY ..---ram WW1 ��� r.�WMr LY. —.r-� �N`t►w 1.. NOw1 C.d+d l� 1LId - NN �� WJP.AIULw -JOIN •...YMnL.� —.>-�W1'In i b� n � J� y Kowalski, Linda To: CSC7Subject: Briarcliff Val, J� r We will be glad to. Thanks. -----Original Message----- Sfp 2 /� From: Scopaz,Valerie v 2��� Sent: Thursday,September 20,2001 9:19 AM To: Kowalski,Linda Subject: query on Briarcliff Linda, I left word that you should talk with Melissa on this.....Suffolk County bought development rights to bulk of this property, but Briarcliff never file subdivision papers......I don't know if intent was to keep house with farm, in which case, maybe area variance for subdivision should NOT be granted. Lot looks terribly undersized. PB has advocated for a long time that if property owner intends to sell off house at some point that the lot should be at least one acre in size to permit expansion of house under Health regulations.....However, the county has gone off and done its own thing sometimes....you need to talk to Mel. One last suggestion, I know you are swamped. We are also and we are short of staff. Craig has not been replaced. Bob is going on jury duty and then will be on vacation for a month. I cannot turn around on information requests overnight anymore......so I am juggling three jobs at once. You will have to give me at least a week's advance notice if you need information for a specific meeting date. Valerie I I V 1 ...... .... ... 0 Cld S'At., �EQRA N llti'� kav, b":File No:' ""866rd Member*-* Search': S—,--' 85 3-F e F N6nie:]Briar cliff Sod I nc. ie:' ees: d6d:'tb T6w'n'C ler'Date f6 a' l�' Residential Zone: A-C 'St rwr ;Hamlet'1p;ro 71c OA ,Buildi' 'Meetin6D6te-s, Incomplete a`; .......... 5/20/04 NUDatell............ Meeting,Date Lbca on. Main Road Shbrift— Hearing O�Oto�J' NO,Date 2 $C Variance lot size (subd) Hegiring'Qaite�2 ,NlJ1D6te:8 ;C*,- -H ie 6 r i rfg.D'a te 3, ate 4 -''H 'ing!!D6t6- Obbat,6 5 9/20/01 await presubmission b' -bate,5 y applicant to PB, N� ate then PB coordination to ZBA. 3/19/04 appl. will Hearingmw`7 Notes- send (7) amended maps per PB reqmts soon. ND!1�(eJ ,,Actibd-'C6t&: N Town Data-Pi&6s in be a niff _�,04 �,. NING BOARD OF APPVS TOWN OF SOUTHOLD ( 631 ) 7 6 5 - 1 8 0 9 FAX ( 631 ) 765 - 9064 FACSIMILE TRANSMITTAL SHEET TO: FROM: 1)1,4) ZBA Office Staff 765-1809 COMP Y: if DATE: jl?f'f FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: PHONE UMBE : SENDER'S REFERENCE NUMBER: _ n YOUR REFERENCE NUMBER: vv ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT❑ PLEASE REPLY❑ PLEASE RECYCLE NOTES/COMMENTS: 53095 MAIN' ROAD - �Y d REPORT NSMISSION VERIFICATIOh TIME 09/1.7/2001 06:12 DATE,TIME 09/17 08:11 FAX NO./NAME 7347463 DURATION 00:00:48 PAGE(S) 02 RESULT OK MODE STANDARD ECM o TRANSMITTAL.ME TO: ZBA Chairman and Members FROM: FOUpdate A Office Staff DATE: 1 SUBJECT: With reference to the above application, please find attached the following new information added to the official ZBA office file: ------------ ---- -----------s------------------------------------. -------------- Comments: -------------------------------------------------------- -------------------------------------------------------------- Number of.Pages Attached: ---L--------------- TrMemo.doc Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 + �� MEMORANDUM DATE: August 7, 2001 TO: Linda Kowalski - ZBA FROM: Jim Fitzgerald SUBJECT: Briarcliff Sod, Inc.; SCTM #1000-85-3-12.1 & 12.2 and 97-10-1 Here's a copy of the Deed of Development Rights for one of the lots of the proposed subdivi- sion, as you requested. D �1 AUG 82100, Received Aug-07-01 10:01am from 516 477 0130 4 PROPER RVICES page 2 Aug-07-01 09:18A a Pi-ice Jr 616-477 P.02 r, BOXES 5 419 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR RILING. .� 11 SUFIUZK COUNTY CLERK 2 3 UPp Number of pa Serial# Certificate A Dad/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 41 FEES Pajie/Filing Fee _ Mortgage Amt. Handling 1.Basic Tax TP-594 2.SONYMA Notation a Sub Total EA-5217(County) Sub Total 3.SpecJAdd i EA-5217(State) TOT.MTG.TAX _ RP.T.S.A. Dual Town_Dual County ° Held for Apportionment Comm.of Ed. • Trander Tax Affidavit • Mansion Tax Certified Copy The property cuvem by this mortaalic is or will be improved by a one or two Rag,Copy _ Sub Total family dwelling only, YLS or No_ Other GRAND TOTAL. if NO,am appropriate tax clause on page p of glib instrument. S Real Properly Tax Service Agency Verification Title Company Information Block ..sk CwrDate .,.,��. Company Name hlrs'cl- A.e.7-S _ Title Number FUSE PAID BY: 7 Cash_Check Charge David P. Fishbein, Director Payer same as R&R_ Division of Real Estate 395 Oser Avenue OR: Hauppauge, N.Y. 11788 g RECORD&RETURN TO 9 Suffolk County Recording & Endorsement Page This page forms part of the attached n--t ..c 'il_ ._�`_ Xc^m made by: (Deed,Mortgage,etc, -4z5ML+ !rie The premises herein is situated in SUFFOLK COUNTY,NEW PORK. TO In the TOWN of S.Qst: _,(A In the VILLAGE C_e.....i=f e-C 9',,,.4-r—,/!r or IiAMLET of Received Aug-07-01 10:01am from 516 477 0130 4 PROPER RVICES page 3 • Aug-07.01 09:19A Price Jr 516-477 P.03 DEED of D3VXWP1ZNT RIGHTS THIS INDENTURE, MADE the day of LLr.J j r , 1994 i BETKZZ9 BRIARCLIFF SOD, New York Corporation having its ' 0-850 ! INC.,� p g principal office at no $ Main Road, Peconic, New York, party of the first part, ,ISTRICT 000 AND the COUNTY Or SUFFOLK, a municipal corporation having it office and principal place of business at County Center, No Numbs :ECTION+ Center Drive, Riverhead, New York, party of the second part; ,85 WITNESSETH that the party of the first part, in consideration o , .LOCK $180,378.50 and other good and valuable consideration paid by thei ,3 party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE AT DEVELOPMENT RIGHTS, by which is meant the permanent legal interest 12 pro and right, as authorized by 9247 of the New York State General .__-____ Municipal Law, as amended, and Local Law 16-1981 of the County of Suffolk, to permit, require or restrict the use of the premisesi exclusively for agricultural production as that term is defined in: Local Law 16-1981 of the County of Suffolk, and the right to' preserve open space as that term is defined in §247 of the New York! State General Municipal Law, as amended, and the right to prohibit or restrict the use of the premises for any purpose other than: agricultural production, to the property described As follows: i ALL that certain plot, piece or parcel of land situate, lying and: being in the Town of Southold, County of Suffolk and State of New: York bounded and described as follows: II BEGINNING at a point on the northerly side of Leslie's Road distant! 1180.42 feet northeast, as measured along the northerly side of i Leslie's Road, from Skunk Lane; RUNNING THENCE along the land of Richard Pfeifle the following two; courses: 1. North 21 degrees 16 minutes .10 seconds west 619.36 feet to a imonument; 2. North 21 degrees 53 minutes 10 seconds west 337.26 feet to a! monument; j f { RUNNING THENCE along the land of Albert Krupski north 21 degrees 32 + minutes 00 seconds west 2014.77 feet to a monument set on the ;I southerly side of Main Road (N.Y.S. Route 25); RUNNING THENCE along the southerly side of Main Road north 32 degrees 36 minutes 30 seconds east 65.0 feet to a monument; RUNNING THENCE south 60 degrees 01 minutes east 110.0 feet to ai monument; RUNNING THENCE south 23 degrees 22 minutes east 165.0 feet; RUNNING THENCE north 60 degrees 23 minutes east 154.0 feet; i RUNNING THENCE north 27 degrees 16 minutes west 110.14 feet; RUNNING THENCE north 46 degrees 03 minutes west 227.57 feet to thel V� \ southerly side of Main Road; RUNNING THENCE along the southerly side of Main Road north 32 degrees 36 minutes 30 seconds east 255.87 feet to a monument; RUNNING THENCE along the land of David Ciehanovicz south 21 degrees 14 minutes 30 seconds east 2521.84 feet; I Received Aug-07-01 10:01am from 516 477 0130 4 PROPER ICES page _ 4 Aug-07-01 09:19A 46 Prico Jr 516-477 P.04 RUNNING THENCE south 36 degrees 55 minutes 20 seconds west 350.6 feet; RUNNING THENCE south 21 degrees 14 minutes 30 seconds east 500.0 feet to the northerly side of Leslie's Road; RUNNING THENCE along the northerly side of Leslie's Road south 36 degrees 55 minutes 20 seconds west 79.69 feet to the point or place of BEGINNING. BEING AND INTWDSD to be part of the same premises conveyed b Arthur J. Bujnowski, by deed dated 3/3/81, recorded 3/13/81, i Liber 8972, cp 509. TO HAVE AND TO HOLD the said Development Rights in the premise herein granted unto the party of the second part, its successor and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as! aforesaid. The party of the first part, as a covenant running with+ the land in perpetuity, further covenants and agrees for the party, of the first part, and the heirs, legal representatives, successors! and assigns of the party of the first part, to use of the premises) on and after the date of this instrument solely for the purpose of agricultural production. i The development rights conveyed herein are subject to the further terms and provisions as set forth in a certain contract of sale between the parties hereto dated April 21, 1994 as the same is recorded in the office of the Suffolk County Clerk in Liber 116741 cp 275, portions of which as contained herein have and will survive! the delivery of this instrument of conveyance. The party of the first part, its heirs, assigns and/or party or' parties in lawful possession of the premises subject to this deed, of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it will not remove any soil; from the premises described herein. The party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other ! arrangement, covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow , j party of the second part and its agents reasonable access to the . premises for the purposes of ascertaining site conditions and for ' inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. The arty of the first part, its heirs, assigns and/or party orl parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that is shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their. respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for . legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any I representation or warranty made by seller in this agreement; (2) 1 the breach or non-performance of any covenants required by this agreement to be performed by the seller, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non- ' �mpliance with any environmental law; or the disposal, discharge ox release of solid wastes, pollutants or hazardous substances; or sure to any chemical substances, noises or vibrations to the ,nt they arise from the ownership, operation, and/or condition _ i Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM [E@M0\J ' DATE: 8/3/01 BUG 6 2001 TO: Linda Kowalski - ZBA a FROM: Jim Fitzgerald '+ SUBJECT: rank Cichanowicz; SCTM #1000-85-3-12.1 & 12.2 and 97-10-1 Here are five copies of the survey which has been revised to include details of Lot #4 as you requested. The Deed of Development Rights will be delivered shortly. The sale was complete in 1994. Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516)734-5800 June 27, 2001 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Re: Variance Application;Briarcliff Sod Inc., SCTM#1000-85-3-12.1 & 12.2 and 1000-97-10-1 Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for a minor subdivision of the property of Briarcliff Sod, Inc., located at Main Road/Leslie Road in Cutchogue. Proper-T Permit Services represents Briarcliff Sod,Inc. in this matter, and a letter of authoriza- tion is attached. If you need more information or have any questions please call me. jJ truly, es E. Fitzger Jr. Enclosures: Application fee (check, $600) Letter of Authorization Application Transactional Disclosure Form Short EAF Tax Map Vicinity Map ZBA Questionnaire Copy of Deed Notice of Disapproval(Building Department) Survey of Property;Ehlers, 5/23/97 (6 originals) a subsidiary of THE PECONIC EASTERN CORPORATION Prd -T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516)734-5800 February 27, 2001 Senior Building Inspector Building Department Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Re: Application for Frank Cichanowic SCTM#1000-85-3 r 12.1 & 1aand 1000 7-10-1 Dear Sir: Attached is an application for the approval of a minor subdivision of the property of Frank Cich- anowicz. He proposes to subdivide the existing properties as shown in Suffolk County Tax Maps and as referenced above into four lots, of which three (Lots#1,#2, and#4) do not meet the minimum area requirements for the A-C District. The development rights for Lot#3 have been transferred. It is presumed that a variance from the Zoning Regulations will be required, and the purpose of this application is to obtain the necessary disapproval from your office. Sin rely, 7 E. Fitzgerald, . Enclosures: Application Form Application Fee ($25) Survey Whlers, 5/23/97) cc: Ms. Linda Kowalski, ZBA a subsidiary of THE PECONIC EASTERN CORPORATION u; I _ `:. h� _ - ^_-.,y..,.,z:�: �.�.I,y, :x;•5..:-!r34'f.:.i-•'r-ai':�`�7 by 'i; _ ,iy .+.�+,. _ .544• �,{:i1-•• { •.�•'Y-'- t`7�=''�'7"��:r. Fj'itt :,LwrdN:T,0.T.U4Hr10L:tyt•Jtat-ir7ri.dt.MlYws.ssA'twiari'%Aoa Wr1I6Atn-I.&W8 rCrjwxr '' v�L -�• .. t0pq:1RT TG=LAWN=M'0 TMMB TMOSTWOMM—TIC XXTI itf:, rim TM IIYDFIf VM made the 3 any of March ,nwetew tacdred and eighty-one r '_ BETWE1Y tFMM J. .BUJNOWSKI, residing at Bartholomew Hill Road, Goshen, Connecticut-06756 7+ • '.r. V Carty cd the Erst pam said BRIARCLIFF SOD, INC., a New York corporation, having its printApa l offices at Route 25 Peconic New York 11959 ' '► .1 flitts Party of the aetmd pact. iv:ir• VNrK SEE1'Ii,that the party of the first port.in consideration of near SEVENr£-FIVE THOUSAND ($75,000.00 j lasrfDl mttnew of the[:Diced Stites. )____________________________�paid b7 tfe party of the second part does her.-by gratr.and F lease unto the party of the second part,the heirs or d' stmssors and amiM.of the party of the second part forcer, "r AIL dot certain or I of and,with the buildi p rovem hate,plot,peoe puce rt�s and iat cots thereon erected,sit F brocaadbeiaiUtft at Peconic, Town of Southold, County of Sui'folk and _ i State of New York, bounded and described as follows:- ' BECUMNG at a point on the northerly side of Leslie Ro..d distant 1180.42 feet easterly as measured along the northerly s;.de of Leslie Road from the corner formed by the intersection of the northerly ('. I side of Leslie Road and the -asterly side of Bay Avenue said point being also where. the northerly side of Leslie Road is intersected by the easterly line of prod rty now or -formerly of Stephen Swiatorha, from said point of beginning South along land now or i . formerly of Stephen Swiatocha the following two courses and distances: ` 1.) North 70 11' 10" West 619.36 feat; uET:aX tv 2.) North 70 48' 10" West 337.26 feet to land of Julius Krupsk_ i; D 1000 -THENCE along said land North 70 27' West 2014.77, feet to the -southerly side of Main Street; j ..085.00 THENCE North 460 41' 30" Fast along the southerly side of Main Street 65 feet to other land of Edward Charnews, na 03.00 THENCE along said other land the following six courses and distances: I-io 012.00 1.) South 450 5¢' East 110 feet; �I 2. South 90 17 East 165 feet; 3.) North 740 26' East 80 feet; 4. North 130 11' West 143.feet; 5.3 North 390 35' East 43 feet; 6.) North 310 58' West 158 feet to the southerly side of *lain Road; THENCE North 46°"4I' W' East along the southerly bide of Main ! Road 275.87 feet to land of Philip Wentzel; `! THENCE along said land South 070 09' 30" East 3021.f4. fset to the northerly side of Leslie Road; THENCE South 510 03' 20" West along the northerly side of Leslie t Rnad 429.69 feet to the point or-place of beginning. r r ni CrTAF "R E - •-,n t t1' l .,;n.K' .. ....',. .•} .y. s:1 a ..�.�. .., r .. . MT - i •. �....3:. M1�` ..;,, r .i. � rtr-�Y"�4'..`'�•� .`+i IMF n �•: r r r ,r'7i F?' •'ri r.!' ,p""�nr ►1�z7'�+r r Y•rl��1�I '� .':Yi♦ f:v �- �� i h! -� t ♦ l`-� 1. 3 :. 't rr >, i 'l. � �• l.i. .a� 1 e tr ! Y I��t t .�Q rS � -:f� • `t.�• t:i !..,fir. L S 1 S 1,.♦ � Y. 1 rq t-. \ ♦ _ ry i • y , r t. ► S��a!•� ��,��-; �`3 ♦ti.:w tJ�`0. 1 <.. f i •'tr. ` F �• + } {i I t i'J.` 7> I.a� ••N• ��. 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'qc,j1�r � j�' � y-1 � •: �_ �. �• •1:'S1. �, t ,..'M'� r 1 � r t1 !� \ t k� I SY � - • � l.v , ?��,+ll} r'.` • ' �-s /r Lt E I ♦ 1 l vL >J '.f 1- in'';'t �vYt J '•►+y, L d• it` c♦it '�-',�{'.. .� �' r �.. .}.�tJ• f.;.5,s� f 1 y tl tt a oli ifY � •.y 'r. ,g.i sti"t ;:•. a � r t',k > +h, •1 t... ,{..rw'e". Cl� -'•` r i 1t� i.�' Y 4 t } P'e •� ti kti:! t.., a ,.7... .'y. 0.r`:P - k' 1"75 '.7's -I;:-!i�Y' :NJ ij -1 T, r • li6 • �+ f TOWN OF SOUTHOLD BUILDING DEPARTMENT ` TOWN HALL • ` __. ,_ �' OUTHOLD,NY 11971 TEL: 765-1802 ? :;^• BUILDING PERMIT APPLICATION CHECKLIST: Do you have or need the following,before applying?: Board of Health? 3 sets of Building Plans Survey Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Approved' `' - ;'20 -- PERMIT NO. Disapproved'a.q , i 2l a Building Inspector APPLICATION FOR BUILDING PERMIT Date Feb 27 , 2(01 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of°plans, accurate plot plan to sale. Fee according to schedule. b.Plot plan shawing.location of lot and of buildings on premises,relationship to adjoining premises or}ublic streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector . APPLICATION IS HEREBY MADE to the Building Department for th6 issuance ofi-Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building cod using co ;egulations, and to admit authorized inspectors on premises and in building for necessary inspection ..__.. . 1 (Signature f a scant or ame, ' a corporation) es E. Fi erald, Jr. Box 617, Cutchogue NY 11935 (Mailing address of applicant) j State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Applicant is the agent of the owner. Name of owner of premises _ - Briarcliff Sod, Inc. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. . Electricians License No. Other Trade's License No. - J J 1. Location of land on which proposed work will be done: No # Main Road / No # Leslie Road., Peconic House Number Street Hamlet 85 3 12.1 & 12.2 County Tax Map No. 1000 Section 97 Block 1 m Lot 1 Subdivision N/A Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Agricultural b. Intended use and occupancy Agricultural and residential 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Minor Sly h i vi g i nn (Description) 4. Estimated Cost Fee (to be-paid-on filing this application) = 5. If dwelling, number of dwelling;units 11 ber of dwelling;units on each floor- - If garage,number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. - 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9'. Size of lot: Front Rear Depth, 10. Date of Purchase 3/3/81 Name of Former Owner Arthur J. Bu anowski 11. Zone or use district in which premises are situated A—C 12. Does proposed,construction violate any zoning law, ordinance or regulation: Yes 13. Will lot be re-graded No Will excess fill be removed from premises: YES NO Briarcliff Sod, Inc. Main Road, Peconic 765-1220 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15. Is this property within 300 feet of a tidal wetland? *YES NO XX • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey, indicate scope of project, to scale, with distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF Suf f o 1 James E. Fitzgerald, Jr. being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the agent (Contractor,Agent,Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20 Notary Public Signature of Applicant APPLICANT ftSAC&JL%)NA1. WISCLOSI)R6 PUI The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part, of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest_ and allow it to take whatever action is necessary to avoid same . YOUR NAME: BRIARCLIFF SOD, INC. _ (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity , such as a company . IE so , iiiclicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance variance X Change of zone Approval of plat Exemption from plat or official map other ( If "Other, " name the activity . ) Do you personally (or through your company, epoune, s1114inq , parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Dusiness interest" means a buninese, including a partners;hip, to which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee ovns more than 5% of the shares. / YES NO J _ If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling , parent , or child is (check all that apply ) : A ) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest In a noncorporate entity ( when the applicant is not a corporation ) ; C ) an officer , director , partner , or employee of Elie applicants or D) the actual applicant . DESCRIPTION OC RELATIONSIIIP D � , )N 2 92001 mitred t ,i y f 1. 99_ g ature Prtnl: name Frank Ciehanowi z BRIARCLIFF SOD, INC. so o�OS�ffO�,�coG ELIZABETH A.NEVILLE _� y� Town Hall, 53095 Main Road TOWN CLERK CD COD P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Z Southold, New York 11971 MARRIAGE OFFICER , i �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER i �Ql �a� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM- Elizabeth A. Neville, Southold Town Clerk DATED: July 17, 2001 RE: Zoning Appeal No. 4985 Transmitted herewith is Zoning Appeal No. 4985 Briarcliff Sod, Inc. by James E. Fitzgerald, Jr. of Proper-T Permit Services for a variance. Also included is: transmittal letter from James Fitzgerald dated June 27, 2001; letter of authorization; Transactional Disclosure Form; Short Environmental Assessment Form; copy of tax map; vicinity map; ZBA Questionnaire; copy of deed; Notice of Disapproval dated May 2, 2001; copy of letter to the Building Department from Fitzgerald dated February 27, 2001; copy of property card; copy of building application ; and survey of Subdivision. )wn Of Southold '4 'P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 07/17/01 Receipt#: 856 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 856 Total Paid: $600.00 i Name: Briarcliff, Sod Inc 43635 Route 25 Peconic, NY 11958 Clerk ID: LINDAC Intemal ID:36951 BRIARCLIFF SOD,'MC. Main Road, Peconic,New York 11958 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in behalf of the Corporation as its agent in the submission and process- ing of an application for approval to make a minor subdivision of its property located on Main Road in Cutchogue and designated by Suffolk County Tax Map Nos. 1000-85-3-12.1 & 12.2; and 1000-97-10-1, and to furnish, upon request, supplemental information in support of the application. Yours y, Frank Cichanowicz BRIARCLIFF SOD, INC. `(� COUNTY OF SUFFOL[� JUL 7 2004 STEVE LEVY ZONING BOARD OF APPiALS SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING June 30, 2004 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, e following app ica on s submitted to the Suftblk County Planning Commission is are considered--- to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Aynlicant(s) Municipal File Number(s) Briarcliff=Sod 4985 Matt-A-Marina, LLC* 5494 Braverman, Alan 5518 Orlick, Paul 5519 Katsoulas, Efstathios and Maryann 5522 Manos, Peter and Arlene 5523 White, Leona 5524 Anchor Lane LLC 5526 Laurel Links Country Club 5528 Patterson, D. and M. 5530" Rivelli, Mario 5532 *Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:ICCHORNY\ZONING\ZONINGIW ORKING\LD2004UUN\SD4985.JUN LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P O BOX 6100 ■ (5 1 6) 853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6) 953-4044 APPEALS BOARD MEM_____ Southold Town Hall 53095 Main Road Ruth D. Oliva,Chairwoman P.O.Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dmizio http.//southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD June 29, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: - -Please-find-enclosed-foryo-ur-review;-the-following-dccisior ,applications;-surveys,tax-- -- maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R— STATE OR COUNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED / VARIANCE R W B 4985 BRIARCLIFF SUBDIVIDE LAND — 2 UNDERSIZED LOTS X 5494 MATT-A-MAR ADDITION — BULKHEAD SETBACK X 5518 BRAVERMAN SFD & GARAGE ADDN & A POOL — FYSB / LOC X 5519 1 ORLICK NEW HOUSE — FRONTY YARD SETBACK X 5522 KATSOULAS ADDN'S /ALT'S HOUSE — FY SB X 5523 MANOS POOL IN SIDE YARD X 5524 WHITE NEW HOUSE — 21% LOT COVERAGE X 5526 ANCHOR LANE RECONSTRUCTION — BLKHD SETBACK X 55281 LAUREL LINKS TENNIS COURT FENCE — 9.8' HEIGHT X X 55301PATTERSON GARAGE & PLAYHSE IN SIDE YARD X 5532 1 RIVELLI ADDITIONS /ALTERATIONS — SIDE SETBACK X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Cusumano Enc. OFFICIAL USE ONLY v LBRIARCL-IFF-SOD-(FliiGERAL-D)-4985 SUBDIVIDE LAND-2 UNDERSIZED LOTS Checklist for new projects: I MAIN RD PEC 97-10-1, 85-3-12.1 & 12.2 AC CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY r CTY TAX MAP 8 CPES — NEIGi11BORS CIRCLED AND #'S WRITTEN A SOIL & WATER LTR: PARCELS ON LI SOUND — Mail ASAP 1�Io� PB COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS Qb include: ZBA app, NOD, & BD a S drive ZBA, memos — interoffice ASAP SIGN — 2 IF MORE THAN 1 FRONT YARD MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP u.2 58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT / LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS —top/front fldr, checklist sheet, 1st pg. appl ✓ ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON FLDR RT SIDE INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR RESEARCH PRIORS — INDEX CARDS, LASERFICHE, — 6 CPES OF DEC (1 r� RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR / INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or bay, sound, or estuary. Enclose ZBA app, decision, survey/map survey/map & NOD UPDATED: NEW INFORMATION: 3 o 1 a R // 0 A Z-6 A CONVERSATION LOG PERSON/GROUP NAMES �� yqrS-- &.d 9A� DATES' MET TIME/ FOLLOW-WilATES DATE DISCUSSED REOUESTED,PROMISED 2. 7 A � 4.00 t,6 n-ktf - A-7 12 Z) 2. 3' 0 4. � Pg TI,- 4. 3,h�16 v V 2. 4. 1. 2. -,,om w 4. 1. 2. 3. 4. 1. 2* 3. 4 1. 2. T- 4. 1. 2. T- 4. 1. 2. T- 4 1. 2. 3. 4. 1. 2. 3. 4. 1. 2. 1. 2. a,4qz" Y 1 ° Zoning Board of Appeals To 73 �6 3 53085 Main Roa IVj d / P.O,Box 1179 Souti old,NY w � l Ricbmd Antonacci 38890 Main Road Pecotuc NY 11958 September 18,2001 Re:Notice of Public Hearing To whom it tray concern, I am writing this letter in opposition of any new structures,that l Ix built eels#3 and Parcels 100-85-3-12.1, 12.2:10097=10-1 ,or any other parcc add. #4. T am the o-Amer of bordering property,mentioned above,In lieu of the fact that 1 may not be able to attend the hearings,this is my letter to oppose any new structures at the above mentioned areas. I strongly feel that by building new structures,it will detract from the historical character of.the existing landscape.The above proposals for new SWUM rEs Will possibly destroy and endanger the environment that we have preserved for many years. As a homeowner,Licensed ContraMr,and member of Federal. State,and City organizations,I am restoring Tny structures, and ppTopetty,to its origuial state.For this reason I feel that any now structures will deter the quality of life in the township of Southold. Thanking you in advance, 'chard. tonacci 7f1•J C7-OT TOn f,T d'AC t770 1 J 1 h7T7•XP.J (I.l 1,h1 Ol?T1�7C hfl mom A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road , Southold , concerning this property: NAME : BRI RCLIFF SOD INC 4985 MAP # 0E 85=3= 12ml APPEAL: LACK OF SQUARE FOOTAGE PROJECT: SUBDIVIDE LAND DATE : THURS . MAY 20 2004 1 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of Sam and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765= 1809 APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D.Oliva,Chairwoman P.O.Box 1179 Gerard P Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board, Mark Terry FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals DATE: May 10, 2004 SUBJECT: Request for Comments The ZBA is reviewing the following application for a May 20, 2004 public hearing. Enclosed please find the Notice of Disapproval and ZBA application. The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. The file is available for review at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE/S DATE BRIARCLIFF 85-3-12.2 4985 5/2/01 LOT SET OFF— 12/24/03 J. EHLERS, R40 4/26/04 INSUFFCIENT SURVEYOR SIZE LOTS Your comments are appreciated. Thank you. Page 1 of 1 Kowalski, Linda Mj4-- From: Kowalski, Linda Sent: Friday, March 19, 2004 9:27 AM To: Terry, Mark Cc: Ruth Oliva (E-mail) Subject: Briarcliff Sod minor subd Peconic 3/10/04 Hi Mark, as an FYI regarding the above, Proper-T Services contacted me today and will confirm applicant's update by letter to ZBA in removing one lot. ZBA is also awaiting this amendment(7 new maps from applicant to show update as per PB), before re- calendaring it for a public hearing When ZBA receives applicant's amendments, a letter for PB comments will be sent over(requesting written comments on the new map amendment, for reply to ZBA by end of April if possible). (Back in 2001 the ZBA had sent over requests by email, but Planning was short on staff and applicant wasn't moving it so quickly with amendments, etc.) Once the applicant moves it along, we can move it to the next step for a public hearing Thanks, Linda K ZBA Office Staff 3/19/04 Appl. # �� Applicant's Name: e/Ltaiz d- dee-4 Notice of Disapproval dated 0100 / Preparation Date of Site Map or Su ey �,4�d 4„a� � o oo {�X 51 Notes: Amended Notice of Disapproval dated A11A Date Appeal was amended by applicant (letter or initialedAppeal): .23 oza o Notes: zoo3 ZO ,3 4-W, Amended Notice of Disapproval dated Date Appeal was amended by applicant (letter or initialed Appeal): Notes: Floor Plans prepared by dated `IZ 0 ■ Complete items 1,2,and 3.Also complete A. :��Item 4ifRestricted Delivery is desired. X � ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. ecelved by(Prf N ) C. Date f D livery ■ Attach this card to the back of the mailpiece, ,) q or on the front if s 4LE pace permits. /NY /L K delivery address different m Item 1? Ye 1. Article Addressed to: /. If YES,enter delivery address below. o Albert J. & Helen A. Krupski, Trustees 38030 Main Road _ Peconic, NY 11958 3. rviceType IN Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article,Number i ' 11 003 116801 00011�44621 ti(id3 " I' 11 i ? ill III �i,: �� 1 I � .irr r (transfer from service ldbbo PS Form 3811,February 2004 Domestic Return Receipt 13x1ARCLIFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue, NY 11935-0617 •_ • • �d•7i>!17��t�%IF��X•3`�C•PL�Ii�Id��ll�:i' ■ Complete items 1,2,and 3.Also complete A. Sig re item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Delivery ■ Attach this card to the back of the mailpiece, �� or on the front if space permits. D. Is dellvery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Otto Keil Florists, Inc. 30 East Gate Drive Huntington, NY 11743 3. Service Type 6 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7-001;1.680 .0001 4462 :6749 ; (Transfer from service W560 . . !!r r. i! 1 1!!i J PS Form 3811,February 2004 Domestic Return Receipt BRIARCLIFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE N Dall GREET b§?1a.71 �s -AdP I'. 7'i' SPS rtt (,,y O • Sender: Please print y®ur , ddress, and-2IP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue, NY 11935-0617 If1111111111111111t11ill111111If111111111,11111111111111 3=019 •u- • <d� � 11.%��Y��irL�]dldd/�7��IP/�:it' ■ Complete items.1,2,and 3.Also complete A. Sig to item 4 4f Restricted Delivery.is desired. Agent ■ Print your name and address on the reverse X �� dressee so that we can return the card to you. B. Rece by(Printed Name) C. Date of Delivery ■ Attach this card to'the back of the mailpiece, or on the front if space permits. 't- S�6 D. Is delivery address different from item 1? ❑Yes 1, Article Addressed to: If YES,enter delivery address below: ❑No David Cichanowicz PO Box 160 Peconic, NY 11958 3. Service Type �I Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number' I i i i i i i i i i i i i i i i i i ... i . . (rra„sferfrom , ni 1 i7003i 16810� 601 01 �4462 67871 i I III I PS Form 3811,February 2004 Domestic Return Receipt BR IARCLIFF 102595-02-M-1540 I UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICE$ Post Office Box 617 Cutchogue,NY 11935-0617 ■ Complete items 1,2,and 3.Also complete A gnature item 4 if Restricted Delivery is desired. gent ■ Print your name and address on the reverse Addr ssee so that we can return the card to you. B. elved Name) C. of ery ■ Attach this card to the back of the mailpiece, l or on the front if space permits. D. Is deliveryadc1resLOferent fro ' m I—PffTes 1. Article Addressed to: If YES,enter delivery address below: �lo Richard P.& Carlin A.Pfeifl 825 Leslie Road Cutchogue, NY 11935 3. Service Type W Certified Mail ❑Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2, z Article Number r 3r: . : ,. a6 o 000l 4462 6794 i (TansferomsevicefabeqIIIt i its i Ili I PS Form 3811,February 2004 Domestic Retum Receipt BRIARC"LIFF to2595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue,NY 11935-0617 111111111MIMIttM I I 1IM111 Ifs ll :i ■ Complete items 1,2,and 3.Also complete A. Sign to item 4-if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R J by(Prin Name) C. Pateof slivery ■ Attach this card to the back of the mailpiece, g or on the front if space permits. eliveryaddress dI ferent from em 1? ❑ es 1, Article Addressed to: If YES,enter delivery address below: ❑No Christina J. Hogan & ano 2600 Pualani Way, 1795 Honululu, HI 96815 3. Service Type X3 Certified Mail ❑Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes • 2_:Article Number • !:7003 1.680?0001 4462 6824 1 1 1 I(TrsnsW Nora service ldbbo I i I f t Ili i tit I[ PS Form 3811,February 2004 Domestic Return Receipt BRIARC_LIFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 r''utehogue,NY 11935-0617 � � � �u• �[�7�7�P/�7�U�I�a' ■ Complete items.l,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X _. �']Agent ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Drin C. e f e' ery ■ Attach this card to the back of the mailpiece,. or on the front if space permits. D. Is deliv ry address different from item 1 S 1. Article Addressed to: If YES,enter delivery address below: o Todd & Sandra DeLong 1280 Leslie Road Cutchogue, NY 11935 3. Service Type gl Certified Mail ❑ Express Mail ❑ Registered ❑.Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ?. Article Number . . . . . . . .j i -7:003 68 o 0001 4462 6831 ! (fran'sfer from serv/ce dabe/j t i t i I __i t� t _i i _ PS Form 3811,February 2004 Domestic Retum Receipt BRIARCLIFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER•T PERMIT SERVICES Post Office Box 617 '711"' OFae,NY 1193"6'17 111111111111H 111141111191111111111 lift! ■ Complete items.l.,2,and 3.Also complete A ature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. =eceivedy( rin d am C. D to o D Iery n or on the front if space permits. uT D. Is delivery address i erent from em 1 ❑ 1. Article Addressed to: If YES,enter delivery address below: 1170 Richard Antonacci PO Box 219 Peconic, NY 11958 3. Service Type YO Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee). i ❑Yes 2. (�rransNumber ru�`m s!rvice liab'10 1 7 0 03 680 0 0 of 44 62!'6 7i?o' 1 i I PS Form 3811,February 2004 Domestic Return Receipt BRIARC I,IFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue,NY 11935-0617 l��IIIIIIlli ...III ..II.I'd ■-Complete items 1,2,and 3.Also complete A. Signatu item 4-if Restricted Delivery,is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. �fwlll me) C. D e Div■ Attach this card to the back of the mailpiece, , > " or on the front if space permits. L/ D. Is delivery address different from item 1 Yes .' 1, Article Addressed to: If YES,enter delivery address below: ❑No, Philip R. Marco PO Box 383 Peconic, NY 11958 3. Service Type 10 Certified Mail ❑ Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2.;Article Number ;s; 00 1;68,Q::QQQ1 +4462 681� t j (Trensfer,'from service f 'si�s• `j , ,3 ki' I's I , 1 ' t t I s t i s i 7 I abeQi (iii l � tit it 1 PS Form 3811,February 2004 Domestic Retum Receipt BR 102595-02-rot-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT smammg Post Office Box 617 Ciatchogue, NY 11935-0617 COMPLETE THIS SECTION ON DELIVER�--I ■ Complete items_1.,2,and.3.Also complete 7Agn ture item 4 if Restricted Delivery is desired. - ❑Agent jk ■ Print your name and address on the reverse essee so that we can return the card to you. g, R ved by(Printed Nam�t C. Date of Delivery ■ Attach this card to the back of the mailpiece,. -,.� or on the front if space permits. nN O . - `t - D. Is deli i e�gnt fr item 1? ❑Yes 1. Article Addressed to: If YE ,e t I ad r�ss elow• ❑No Honore McIlvain 1170 Leslie Road Cutchogue, NY 11935 3.��S,cce,rvice Type XJ Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ,2 :Article Number i i, i i?003 1680i :0001 4462 6800 r 1 t i(1Yansfer�fiorimserv/ce laben I l t i l i i t�t t !!i : { i t PS Form 3811,February 2004 Domestic Return Receipt BRIARCLIFF 102595-02-M-1540 ,t UNITED STATES POSTAL SERVICE First-CP2ss Mail Postage&Fees Paid LISPS I Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPMT PERMU SERVICES Post office Box 617 CiAchogue, NY 11935-0617 "SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R iv by(Printed Name) C. ate of Delivery ■ Attach this card to the back of the mailpiece, . _�� or on the front if space permits. D. Is delivery address different from Item 1? ❑Yes 1, Article Addressed to: If YES,enter delivery address below: ❑ No Dorset Farms, Inc. 38535 Main Road PO Box Peconic, NY 11958 - -- 3. Rrvice Type Certified Mail ❑ Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 700:3 68o 0001, 4462 6756 Mill eir6ms"ce'LUO; I� f�� i it I i ti I I I I i� li It It tl PS Form 3811,February 2004 Domestic Return Receipt BRIARCLIFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 'I PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue, NY 11935-0617 i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of BRIARCLIFF SOD, INC. ,Regarding Posting of Sign upon Applicant's Land Identified as SCTM#1000-97-10-1; 1000-85-3-12.1 & 12.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 1 Oth day of May, 2004, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten(10) feet or closer from the street or right-of-way(driveway entrance) facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the sub- ject hearing date, which hearing date was shown to be Thursday, May 20, 2004. Dated: May 20, 2004 J es E. Fitzgeral Sworn to before me this 20`h day of May, 2004. Notary Pub is C�� 'W WE W. MAZZAFERRO MiTARY PUB,LI:. S4ahy 4 d" Yrtrk May 4, 2004 BRIARCLIFF SOD, INC.: ADJACENT PROPERTY OWNERS -.:5/4/`04 OWNER—NOT MAILED 1000-97-4-19 1000-85-3-12.1 Richard P. & Carlin A. Pfeifle 1000-85-3-12.2 825 Leslie Road 1000-97-10-1 Cutchogue, NY 11935 Briarcliff Sod, Inc. PO Box 180 1000-97-9-1 Peconic, NY 11958 Honore McIlvain 1170 Leslie Road Cutchogue, NY 11935 MAILED 1000-85-2-16 1000-98-1-2.1 - Otto Keil Florists, Inc. Philip R. Marco 30 East Gate Drive PO Box 383 Huntington, NY 11743 Peconic, NY 11958 1000-85-2-17.1 1000-98-1-3 1000-85-2-17.2 Christina I Hogan& ano Dorset Farms, Inc. 2600 Pualani Way, 1705 38535 Main Road Honululu, HI 96815 PO Box 29 Peconic, NY 11958 1000-98-14 Todd& Sandra DeLong 1000-85-3-8 1280 Leslie Road Albert I and Helen A. Krupski, Trustees Cutchogue, NY 11935 38030 Main Road Peconic, NY 11958 1000-85-3-9 Richard Antonacci PO Box 219 Peconic, NY 11958 1000-85-3-10.4 1000-97-10-2 David Cichanowicz PO Box 160 Peconic, NY 11958 Postal ti I CERTIFIED MAIL,. RECE�IRff (DomesticCIO For delivery information visit our website at www.usps.comD m8u&, EkG � AL USE Postage $ 0.37 UNIT . ocertified Fee 2.30 �a5 CGS O Po O Return t Fee 1.75 r _ (Endorsement t Required) 0 O Restricted Delivery Fee C_e 0 c0 (Endorsement Required) QCOs" �C Total Postage&Fees $ 4.42 �a m O Sent o o Christina J. Hogan & ano Shest,slpf.No.; ---------------------------------------------------------------- orPOBoxWo. 2600 Pualani Way, 1705 --------------------------------------------------------------------------------------- cry, LP+4Honululu, HI 96815 'Postal S CERTIFIED RECEIPT Ir (DomesticOnly; CUT ,r 11m� Postage $ 0.37 ti p Certified Fee 2•30 cot m "0 Postmark p Retum Reciept Fee (Endorsement Required) 1•� N o `r MRestricted Delivery Fee C p X0 Vv .A (Endorsement Required) 8666���r0 Total Postage&Fees 4.42 05/05/ m o R'iTdhard P. & Carlin A. Pfeifle Street,Apt. ----------------------- ----------------------------------------------- No. orPO Box No. 825 Leslie Road -------=-------------------------------------------------------------------------------- aty s�ara,Z/P+4 Cutchogue, NY 11935 Postal rage ACERTIFIED MAIL. RECRIPT For delivery information visit our website at www.usps.conn3D ru Postage $ 0.37 a� �Q Certified Fee 2.30 C3c rrPostmuk m p Return Reclept Fee z (Endorsement Required) 1.75 N 07 Here C3 Restricted Delivery Fee e43 Fi D4 (Endorsement Required) 8 6'S�' r=1 Total Postage&Fees $ 4.42 m C3 Sent To No.;---D4-y d----C!rb4n-QAi-g z---------------------- or PO Box No. -----...PA---Box...1 -Q---------------------------------------- c�ry,smm,zP+a P e c on i c y NY 11958 PS Form 3800.June 2002 Postal r` CERTIFIED - ,O (Domestic ru For delivery information visit our website at www.usps.coms Postage $ 0.37 'C ti MO Certified Fee 2.30 �C O Pchhtm RReturnRedept Fee ark C (Endorsement Required) 1.75 N ere m C3 Restricted Delivery Fee 1 M0 r9 (Endorsement Required) V .11 r-3 Total Postage&Fees $ 4.42 05 m C3 ` ° Philip R. Marco � .;--- ---------------------- Se ee;ApE No - orPoBoxNo. PO Box 383 -- Clry,State, -•• --- -- = - ------------------- Z/Pr4 Peconic NY 11958 Postal o -CERTIFIED MAIL. RECEIPT 0 (Domestic For delivery inforrn�tion visit our website,at www.usps.corno ru rRYLWAL USE Postage $ 0.37 T oCertified Fee �y0 OO ReturnReclept Fee 2 � Postmark '� (Endorsement Required) 1.75 We m M Restricted Delivery Fee 1 0 ca (Endorsement Required) Total.Postage&Fees $ 4.42 05 m O Sent o o Honore McIlvain �` 34ree4 Apt N---------- ------------------------------ crPoeorNo. 10 Leslie Road city state,Z%Pr4 --17- ------------------------------ Cutchogue� NY Ii9-35 - .o a CERTIFIEDRECEIPT m (Domesticcc Tor delivery information visit our website at www.usps.coma ru �D nn np n� SE I Postage $ 0.37 a o certified Fee 7: 6�) stm (Endorsement Required) 1.75 :C1 C3 Restricted Delivery Fee S1 cO (Endorsement Required)Total Postage&Fees $ 4.42 m O Sent o Todd & Sandra DeLong oPOBox-AwcN. 1280 Leslie Road or PO Box No. Cut Cho gue, NY 11935 Postal rri CERTIFIED MAIL. RECEIPT -a (Domestic For delivery information visit ru I .1 A Postage $ 0.37 09 , r a -� C3 Certified Fee Return Fee p Cp (Endorsement Required) 1•� �fe Cu p Restricted Delivery Fee e cO (Endorsement Required) .A r-1 Total Postage&Fees $ 4.42 05/05/04 m p s.r o p T.J. & H. Krupski, Trustees 171- Street -------------------------------------------------------------------------- ,Apt orPoaoxNo. 38030 Main Road ---City ------------------------------------------State, ------------------------------------------ ZIP+4 Peconic, NY 11958 Postal CERTIFIED MAIL. RECEIPT o- (Domestic Mail Only;No Insurince Coverage F, Jed) For delivery information visit our website at%rww.UspS.Com,9 ru F61 GJ A L USE Postage $ 0.37 O Certified Fee ,Z•� e9stmark Return Reclept Fee (Endorsement Required) 1.75 re O �v O Restricted Delivery Fee cO (Endorsement Required) 86 $ 42 05� 6 , rq Total Postage&Fees 4. m 0 nt ° Otto Keil Florists, Inc. f�- Stieef,Apt.No..:----------------------------------------------------------------------- or PO,BoxN°. 30 East Gate Drive ------ -------------------------------------------------------------------------------- Clty,State,LPr4 Huntington, NY 11743 • • .� CERTIFIED MAIL,. RECEIPT surance overage F, Jed) t_n (D6niestic,Man • ru Postage $ 0•3 Certifled Fee 2•30 2 \ .� 0 ReturnReciept Fee C �\P (Endorsement Required) 1•� N Heroste f3 Restricted Delivery Fee lertc. cO (Endorsement Required) 66 q Total Postage&Fees $ 4.42 m C3 Sent ro o Dorset Farms Inc. -------------------------------------------------------------------- n�j-AwfNo';38535 M-ain Rd.- PO Box 29 or PO Box No. ---------------------------------------------------------------- crrysmta,zfP.aPeconic, NY 11958 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coveiage F` Jed) For delivery information visit our website at www.usps.coms Richardd IS Sent Antonacci • Box 219 r1lrm 3800,June 2002 See Reverse for Instructions 7 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of BRIARCLIFF SOD, INC. Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM#1000-85-3-12.1 & 12.2, 1000-97-10-1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 5t' day of May, 2004, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is-across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Dated: May 5, 2004 �r J es E. Fitzgerald, a 4j Sworn to before me this 5 h day of May, 2004. Notary Public SOME 0. iMAMFEfft WARY PUBLIC, Sbto of New York ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax (631) 765-9064 April 26, 2004 Re: Chapter 58 — Public Notice for Thursday, May 20, 2004 Hearing(s) Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) By MAY 6: Please send the enclosed Legal Notice, with both a Cover Letter including a contact name and telephone number, and a copy of your Survey or Site Map filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (vacant or improved) which abuts and any property which is across from any public or private street from the property included in the application or petition. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by May 6: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By MAY 11: Please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) NOTE: The hearing will be delayed 2 months if your property is not posted properly. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff l September 6, 2001 BRIARCLI_FF SOD, INC.: ADJACENT PROPERTY OWNERS OWNER—NOT MAILED 1000-85-3-12.1 1000-85-3-12.2 1000-97-10-1 Briarcliff Sod, Inc. PO Box 180 Peconic, NY 1*1958 MAILED 1000-85-2=16 Otto Keil Florists, Inc. 30 East Gate Drive Huntington,NY 11743 1000-85-2-17.1 1000-85-2-17.2 Dorset Farms, Inc. 38535 Main Road PO Box 29 Peconic,NY 11958 1000-85-3-8 Albert J. and Helen A. Krupski, Trustees 38030 Main Road Peconic,NY 11958 1000-85-3-9 Richard Antonacci 281 Elmont Road Elmont,NY 11003 1000-85-3-10.4 1000-97-10-2 David Cichanowicz PO Box 160 Peconic, NY 11958 1000-97-4-19 Richard P. & Carlin A. Pfeifle 825 Leslie Road Cutchogue,NY 11935 1000-97-9-1 Honore McIlvain 1170 Leslie Road Cutchogue, NY 11935 1000-98-1-2.1 Philip R. Marco PO Box 383 Peconic, NY 11958 1000-98-1-3 Christina J. Hogan&ano 2600 Pualani Way, 1765 Honululu, HI 96815 1000-98-1-4 Todd& Sandra DeLong 1280 Leslie Road Cutchogue, NY 11935 Received Sep-05-01 11 :48am from 6317659064 4 PRO R T SERVICES page 7 09/05/2001 11:42 E "-,59064 ZONINGAPPI'4' IARD PAGE 07 ZONING BOARD OF APPEALS r TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Briarcliff Sod, Inc. AFFIDAVIT OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 85 3 . 12. 19 12.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) I,James E. Fitzgerald, Jr. residing at 385 Haywaters Drive Cutchogue NY 1193191ew York, being duly sworn, depose and say that: On the 10th day of September , 2001 , 1 personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-Qf-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that . I hereby confirm that the Poster h remai ed in n da prior to the date of the subject hearing da w ' ea h (Signature- Sworn to before me this '►o day of at e;200'1 . JANE R. MINERVA NOTARY PUBLIC,State of New York �• No.4853108,Suffolk County_!,�5 Commission Expires February 18, kai.;2- f---(Notary Public) "near the entrance or driveway entrance of my property, as the area most visible to passersby. - • O pp pp Ir CU OGU�EatYG1135IAL� USE Postage .$ 0.34 UNIT ID: 0935-e, ' N M Certified Fee_ ?.10 Postmark Return•ReceiptFee 1r� Here O _(Endorsement Required) . O Restricted Delivery Fee Clerk.: KKZRQF p (Endorsement Required) t7 Total Postage&_Fees $ 3.94 09/10/01 I-- -0 Sent To Honore McIlvain ---- -------------------------------------------------- 0 Street,Apt.No.,or PO Box No. , 0 1170 Leslie--Road-------=-=---------------------j 0 Ciry State,Zia++4 r` Cutchogue NY 11935 - 00 (DomesticU.S. Postal Service CERTIFIED MAIL RECEIPT PtCDNIC, NY 119,58 Ln r- Postage $ ' 0.34 UNIT ID: 0935 lam- rn Certified Fee ?.10 Postmark C:3' Return Receipt Fee 1.50 Here C3 (Endorsement Required) o:; Clerk:. KKZRBF p Restricted Delivery Fee i . (Endorsement Required) C3 $ 3,94 9/10/01 C3 Total Postage 8 Fees S ' IT1 Name(Please Print Clearly)(to be completed by mailer) ir;Davvid' CichQ-w_�.-cz------------------------------------ an 1�tU tI j0X o1��d'x No. ---•-----------••-----•-•---•----••----• -------------t------= � Clty,State,ZIP+4 Peconic NY 11958 ' . 7�"i�Ir•Z ca Article Sent To: Ln CUTCHOGUE, NY 11935 ` (- . Postage $ 0.34 NIT IU: 0935 - � �9 M Certified Fee 2.10 Postmark 1:3 Return Receipt Fee 1�cJO Here O,- (Endorsement Required) O C3 --Restricted Delivery Fee lerl,: KGROF (Endorsement Required) C3 3.94 9/10/01 O —`Total Postage&Fees 1 $ M Name(Please Print Clearly)(to be completed by mailer) _ _d___&___Carlin Pfeifle Ir -� - - - - ---------------------- Q Street, r FO Box No. a, 7b Apt.-lVo.,o c' -,8 Z `. Cu ;chog2e NY 11935 :rr ' . 7�rs♦lLd Cr CO 7 CO77PAN,CI'�NY 1195" 0 A L� U S E N Postage $ 0.34 UNIT ID: 0935 M Certified Fee ..10 Postmark .-9 Return Receipt Fee 1.50 Here 0 (Endorsement Required) 0 Restricted Delivery Fee Clerk: KKZROF O (Endorsement Required) t7 Total Postage&Fees $ 3.% 09/10/01 "0 Sent To Philip R' --Marco ------------------------ p Street,Apt.No.,or PO Box No. Pat BO-- ...383............. O 'City-SieCe;ZIP+4 =-------•----------•---------- ----•--------- `` Peconic NY 11958 ' • S�iTIL•I- p r- - CUT�OGUE, INY 111935 1 A L U S 'E • a Postage $ 0.34, UNIT IU: 0935 r- m p Certified Fee - • ? 10 ` Postmark - Return Receipt Fee 1 p Here (Endorsement Required)" p Restricted Delivery Fee Clerk-:-KKZRQF p (Endorsement Required) p •Total Postage&Fees $ - 3.94 ,. 09/10/01 r� Sent To Todd: & -Sandra DeLong_ ---- ---------------------------------------------------------------------- p Street,Apt.No.,or PO Box No. 0 1280 Leslie Road - --------=---------------=----- o �'ry ftf' hogue NY 11935 PS Form 3800.May •,0 See Reverse for Instruction— ` • Y�"rTIL•Z Cr MUM WrTIMT11ft. r` PECONIC. NY 11958 Ln r` Postage $ 0.34 UNIT ID: 0935 co M Certified Fee 2.10 Postmark ' 0 Return Receipt Fee 1.50 Here (Endorsement Required) 0 Restricted Delivery Fee Clerk: KKZkUF (Endorsement Required) 0 Total Postage&Fees $ 3'94 9/10/01 S rrt $Qi I a 'nt CI rufy)(to be co leted by mailer) Q:: ---- ___eas7 e_ rms �°nc eO Street t N or PO ox No. - - - ---------------------------------------------- 0 38` 3� Main Road, PO Box 29 i --:------------ ------------------------------------------------------------ = J r— C State,ZIP+g ?econic NY 11958 PS 11 3800,July 1999 S 'A' l trr - - 17- FECDNM NY 11958 "' Postage 0-34 NIT ID: 0935 [� $ m Certified Fee 9.14 Postmark C3 Retum Receipt Fee- 1.� Here C3 -(Endorsement Require C3 , C3 Restricted Delivery Fee Jerk: KKZRQF (Endorsement Required) o $ 3.94 /10/01 O "Total Postage&Fees S` M Name(Please Print Clearly)(to be completed by mailer) E, rupski,___Trustees Street,Apt.No.,or PO Box No. 0 38030... ain---Road Road------------------------------------------------------- r. City,State,ZIP+4 Peconic NY 11958 , O r,-i - ~ HUNTINGTON, NY 11743 j —r Postage $ 0.34 NIT ID: 0935 N Co M Certified Fee 2.10 Postmark C3 ' Return Receipt Fee 1.50 Here M (Endorsement Required) O i- = p Restricted Delivery Fee Jerk: KGROF (Endorsement Required) 0 3.44 9/10/01 0 Total Postage&Fees '$ S M Name(Please Print Clearly) to be completed by mailer r ': Otto Keil be Inc IT. - --------- ----------------------------------------------------------------- IT— Street,Apt.No.,or PO Box No.' I 0 30- East Gate Drive ___________________________________________________________________________________________L ~ C1,111untington NY 11743 • Tf15r, CERTIFIED MAIL RECEIPT (DomesticOnly; co -- .--0 ELM MTa W 11003 - `n 0.34 JNIT IN 0935 N Postage $ M Certifled Fee 2.10 Postmark O Return Receipt Fee 1-50 Here t3 -(Endorsement Required) O Q Restricted Delivery Fee 12YE.: KKZFi&!F (Endorsement Required) 0 3.% 9/10/01 O Total Postage&Fees 1 ,$ S' m �icrara ClAri' oriacciymat-e�' o- ----------------------------------------------------------- Street,Apt.No.,or PO Box No., 0 281 El ....................................................n d --------------------= � Clty Sfate,LP+4 Elmont NY 11003 :rr 7 ' • Ya-i�IL•Z= (DomesticCERTIFIED MAIL RECEIPT Only; r— �o HONOLUL�U H 96815 p � 1 L t� S r� Postage s 0.34 UNIT ID: 0935, 0 Certified Fee _ 2.10 Postmark Return Receipt Fee Here O (Endorsement Required) 1.50 O Restricted Delivery Fee Clerk: KKZRQF Q (Endorsement Required) r-3 Total Postage&Fees $ 3•94 09/10/01 � Sent To ---chri ti a---J-•=-=H-Qg-a�---&---ano-------------------- C3 Street,Apt No.,or PO Box No. ,::, __ 2EQQ---Pualani.-_WaY-:----1-705----- 0 City,State,ZIP+4 '" `` Honululu, HI 96815 *UN 111114 ■ Complete items 1,2,and 3.Also complete A. P/8 WPtr�j B Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, Agent or on the front if space permits. X Addressee 1 Article Addressed to: D. Is#ivery a ress ifferent from item 1? ❑Yes If YES,enter delivery address below- Flo Honore McIlvain C 1170 Leslie Road Cutchogue NY 11935 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4 Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Transfer from service label), 1 j 1 11 1 17001 0 1 1i6__ b 1000i11 0371 89Q01 PS Form 3811, March 2001 Domestic Return Receipt BRIARCLIFF 102595-01-M-142- UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid uSPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PGA OTM Bas Gill L,II��L,i�LIIIItIII III II III IIIIfL1i1111ilIII • • • • Y.Y,Y•i/G7JL•7dI.7�U7�a' ■ Complete items 1,2,and 3.Also complete A. eived by(Please Print Clearly) B. t of Delivery ` item 4 if Restricted Delivery is desired. ■ Print your name and acFdress on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? ❑Yes 1 Article Addressed to: If YES,enter delivery address below- ❑ No David Cichanowicz PO Box 160 Peconic NY 11958 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7099 3400 0000 3875 7617 r; (Transfer from service labeq. PWor1M' 3811!March12001 1 1 Vomestic'Return Receipt BRIARCLIFY 102595-01-M-1424= UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue,NY 11935-0617 ■ Complete items 1,2,and 3.Also complete A. (Pe tClearly) B. D f ivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ignat ■ Attach this card to the back of the mailpiece, ❑Agent or$n the front if space permits. ddressee D. live d differrm item 1? Yes 1 Article Addressed to: If YES,Mar de ery ad below: %. Richard & Carlin Pfeifle (� 825 Leslie Road Cutchogue NY 11935 3. Service Type 0 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. c 4. Restricted Delivery?(Extra Fee) ❑Yes • ii i < 2. Article Number I + 1 1 1 1 I I I 1 , I(transfer from Service latiel) 1 1 1 7099 3400 0000 387'S 7 587 I I I I PS Form 3811, March 2001 Domestic Return Receipt BRIARCLIFF 102595-01-M-1424: UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PEST SERVICE$ Post Office Box 617 Cutchogae,NY 119W-OR7 •:%�1£•i- I���II���ill�l����ll��l�i�ll����ll�����lll���l���lll���il�l��l ■ Complete items 1,2,and 3.Also complete ece ant learlB. Date of Delivery item 4 if Restricted Delivery is desired. ^� ■ Print your name and address on the reverse so that we can return the card to you. C. Si u ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. 0 ❑Addressee delve a differen m item 1? ❑Yes 1 Article Addressed to: 71 If YES,enter delivery address below- ❑ No Philip R. Marco PO Box 383 Peconic NY 11958 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4 Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ; ransterifrorii seivlcel�atiei' i' + 79,001 j it 67Q i,QOQ1 i IQ3V 9"18894 i�mill . PS Form 3811, March 2001 Domestic Return Receipt '-8RZA ]?F 102595-01-M-1424 UNITED STATES POSTAL SE @ irs Class Rfiaih" f PM ostage e�s-�aid -- S %� SEP 4 cro — • Sender: Please pr ame, addres&,-myd -4QtAip-! lL r 617 NY III? ■ Complete itetns 1,2,and 3.Also complete 1WReceived by(Please Print Clearly) B. Date of D livery item 4 if Restricted Delivery is desired. --� ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, X ❑Addressee or on the front if space permits. D. Is ivery address differen m 1? ❑Yes 1 Article Addressed to: If ES,enter delivery address below ❑ No Todd & Sandra DeLong 1280 Leslie Road Cutchogue NY 11935 "' 3. Service Type R ,r )q Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4 Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 0371 8870 (Transfer iroinlservice+la 1710000,67010001 p' i 1 i t 1 1 1 11 1 1 l i t 1 i it 1 PS Form 3811, March 2001 Domestic Return Receipt BRIARCLIFF 102595-01-M-142- UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS ` Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICE$ Post Office Box 617 Cutchcgue,NY 11935-M7 -14► •1:1 ■ Co pIgWiterns 1,2,and 3.Also complete Receiv se ed by(Plea Print Clearly) 13. a of Delivery item'4 W'Restricted Delivery is desired. Z!/LD/Z / ■ Print your name and address on the reverse 6/�til so that we can return the card to you. C. Signatur ■ Attach this card,to the back of the mailpiece, / ❑Agent or,on the front if space permits. ❑Addressee ' D. Is delivery address differe m Rem 1? ❑Yes 1 Article Addressed to: If YES,enter delivery ad ss below: ❑ No -Dorset Farms Inc 38535 Main Rd PO Bog 29 Peconic NY 11958 3. Service Type - KCertifled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. c 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransferl rom service label) I f 17,099 3�40i0 0000 3875 7709 PS Form 2811, Ivlaroh­2001' Domestic Return Receipt BRIARCLIFF 102595-01-M-1424= UNITED STATES POSTAL SERVICE First-Class Mail Postage:&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue, NY 11935-0617 ■ Complete ite(ns 1,2,and 3.Also complete ece' ed by(Plea Print Clearly) B. Date of D ivery item 4 if Restricted Delivery is desired. ■ Print your name and address on,the reverse so that we can return-the card to you. C. Sign ure ■ Attach this card to thg back of the mailpiece, ❑Agent or on the front if space permits. XVIJ4 ❑Addressee D. Is delivery ad different from item 1? ❑Yes 1 Article Addressed to: If YES,enter delivery address below- ❑ No Albert & Helen Krupski, Trustees 38030 Main Road Peconic NY 11958 --_ _ 3. Service Type g Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4 Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (riansfe;from service labeQf 0: 7099 i,i� 400i;i;0000; 3875; 767:9: FS Form 3811, March 2001 Domestic Return ReceiptBRII ( fill if If 1o2sss-01-M-142g UNITED STATES POSTAL SERVICE 4D Ears- ass.Maile, � Postage&Fees P,aid � '"OSPS� � I I s E? "Per�it=lVo.G-0�""� • Sender: Please print your �Q,' ddress, and PROPER-T PERMIT SERVICE$ Post Office Box 617 Cutchogue, NY 11935-0617 L, 1II1„11111,111I1„I1L111„pIll114,11111111111II.L11i111104 . •u' • • Y�9xllrcrr.�a�•»�rrar ■ Complete items 1,2,and 3.Also complete Weceived by(Please Print,Clearty) B--ftte o Deliv item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Signature so that we can return the card to you. ❑A ent ■ Attach this card to the back of the mailpiece, X g or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? ❑Yes 1 Article Addressed to: If YES,enter delivery address below- ❑ No Otto Keil Florists Inc 30 East Gate Drive Huntington NY 11743 3. Service Type K Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. c 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Tiansfer from service label) . . . . .7099 7400 0000 3875 7730 _ PsWolm1 8911 i March 2001 I I i I 1 I I Domestic Return Receipt BRIARCLIFF 102595-01-M-1424, UNITED STATES PyOSTA I SERVICE y y y l i i y y y y y y y y i ,y First-Class Mail I ; }: _ _ ±i; • I • : ! !! i! i i Postage 8,Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROTMI-T PEZOM BLRV= Past Of&*BM 61.7 Cut&ogtw,NY 11935817 Received Sep-05-01 11 :48am from 6317659064 4 PROPER T SERVICES page 6! 09/05/2001 11:42' 6317( J�i4 ZONINGAPPEALSB7 PAGE 06 e ZONING BOARD OF APPEALS TOWN OF SOUTHOLUNEW YORK In the Matter of the Application of • AFFIDAVIT Briarcliff Sod, Inc. OF (Name of Applicants) MAILINGS CTM Parcel#1000- 83 - 3 l - 12. 1 & 12.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, James E. Fitzgerald, Jr. residing at 385 Haywaters Drive 1 Cutchogue NY 1193Yew York, being duly sworn, depose and say that: On the 10th day ofSeptember , 200-1, 1 personally mailed at the United States Post Office In Cutcho g NY _1193New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true. copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office In , for every property which abuts and is across lic or p ' e SAW,, or vehicu right-of- way of record, surrounding the app cent' prop f (Signs Sworn to before me this oZU day of S'ePfi�vwbcr- , 2001 JANE R. MINERVA n NOTARY PUBLIC,State of New York K. No.4853108•Suffolk County COMMWion Expires February (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Received Sep-05-01 11 :48am from 6317659064 4 PROPER T "ERVICES page 3 09/05/2001 11:42 6317E 4 ZONINGAPPEALSBO �: PAGE 03 NOTICE OF PUBLIC-HEARINt SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 20, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSD 1,L SEPTEMBER 20, 2001, at the time noted below(or as soon thereafter as possible): 8:20 p.m. BRIARCLIFF SOD, INC. This is an Appeal under Section 100-33 based on the Building inspector's May 2, 2001 Notice of Disapproval for proposed Lot 1 and Lot 2 with a total land area of less than the required 80,000 sq. ft. In this proposed subdivision project. The lots which are being created Is located In the R- 80 Residential Zone District. Location of Property: 24.97 acres extending oft the north side of Leslie's Road and off the south side of Main Road(S.R. 25)in Peconic; Parcels 1000-68-3.12.1, 12.2; 1000-97-10-1. The Board of Appeals will hear all persons, or their representative, desiring to be heard regarding the above, or desiring to submit written statements before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hail business hours (8-4 p.m.). If you have questions, please do not hesitate to call(631)766-1809. Dated: August 31, 2001. BY ORDER OF THE SOUTHOLD TOWN ZONING BOARD OF APPEALS Gerard P. Goehringer, Chairman 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 BRIARCLIFF SOD , INC . VARIANCES. UNDERSIZED LOT SIZES ( REQUESTED SUBDIVISION ) 1 000 - 85-3 - 1 2 ; 1 000 -97 - 1 0- 1 THURS , SEPT . 20TH - 8 : 20 P . M . APPEALS BOARD MEMBERS Southold Town H411 Gerard P. Goehringer,Chairman 53095 Main Road James Dinizio,Jr. CIO P.O. Box 1179 Lydia A.Tottora Southold,New York 11971 Lora S. Collins ZBA Fax (516)765-9064 George Homing Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 19,2000 Appl. No. 4776-David Cichanowicz 1000-85-3-10.2 and 97-10-2 STREET&LOCALITY: North Side of Leslie Road, Peconic. DATE OF PUBLIC HEARING: Janubtry 13,2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located along the north side of Leslie Road, Peconic. BASIS OF APPLICATION: Building Inspector's October 19, 1999 Notice of Disapproval which states that under Article,:III, Section 100-32,the proposed subdivision creates two lot sizes of 73,332 sq. ft. and the bulk schedule requires a conforming lot to be a minimum of 80,000 sq. ft. AREA VARIANCE RELIEF REQUESTED: Applicant requests approval of the size of two proposed lots in this subdivision project containing an area of 73,332 sq. ft. as shown on the minor subdivision map prepared by Anthony Lewandowski, Surveyor, dated June 28, 1999. Each lot has a frontage of.115 minimum along Leslie Road and an average lot &Tth of 500 feet. The property is located in an Agricultural-Conservation Zone District. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the' Board, and personal inspection,.the Board makes the following findings: 1. Grant of the area variance to create two lots of 73,332.50 sq. ft. each,herein'described as lot No. 1 and lot, No. 2, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most of the properties in the surrounding area are devoted to agricultural production and the size of the proposed lots(1.8 acres each)are Luger than the nearest improved property which is 1.1 acres. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the development rights to the adjacent lands comprised of 19.1 acres,i herein described as lot No. 3, were sold to the County of Suffolk. Applicant testified that he requested, Suffolk County to iqturri'a.kn'all portion of the d development rights parcel Oat No. 3) in order to add thet difference to proposedlots No. I and 2'to meet the 80,000 sq. & minimum lot requirement for each. Applicant further testified that"the county declined-such request. Therefore, no alternative is available to." - subdivide the propel an.area-variance. 'T c6d,b-re,qrequested jft-�&i6hO *su stantial and ' an. Percem Oduation between e;,fiei lot size and the size. •an adverse impact th From, not have effect or * 0 phyiical' or environmental coadithons in.the3arhood`or district because the requested =are smalt'and.no evidence has" on would have advem-impact-on-'; the ej e 2-January 19,2000 ppl. No.4776- D. Cichanowicz Re: 1000-85-3-10.2; 1000-97-10-2 I r r 5. The applicant's difficulty has been self-created and is due to inaccuracies in the original survey which were used to calculate the sizes of lots No. 1,No. 2 and No. 3.. In considering this application, the Board deems this action'to be the minimum necessary and adequate to i preserve and protect the character of the neighborhood, and the health, safety,welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was f RESOLVED,to GRANT the variance subject to the following CONDITIONS: 1. That this project receive approval under the applicable subdivision regulations of Town Code. 2. That there be no further total lot area reductions. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER (Chairman), DINIZIO, TORTORA, a- `�� COLLINS. (Member Homing-of Fishers Island was ab •GERARD P. GOEHRINGER C i For filing on or about January 24,2000 •'1 1: .. ram. _ !4" Southold Town Board of Appeals -4- October 11, 1973 further RESOLVES that all spraying and dusting activities shall cease by November 15, 1973. Vote of the Board: Ayes : Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. . "A public hearing was held on August 30, 1973 on Appeal No. 1821, Arthur J. Bujnowski, 6 Surryhill Place, Huntington, New York and 'Main •Road, Peconic , New York, for- permission to operate airfield and airplane storage in "A" Zone District on the south side of Main Road, Peconic, New York. The decision of the Board is as follows : After investigation and inspection the Board finds that the applicant purchased a farm of approximately 32 acres on the south side of Main Road, Route 25, Peconic , New York, in January of 1972, and requests a variance for permission for storage of two antique airplanes thereon; as well as per- mission to operate an airfield for personal use by the applicant in connection with a third plane owned by the applicant, a 1946 Piper Cub of 65 H.P. requiring 200' to 300' to take off with a climb rate of 650 feet a minute, limited to April to September inclusive seasonal use. The applicant 's farm is currently leased for use as a sod farm with permission from the lessee to use part of the approximately 3,000 foot long farm as an airstrip. So far as the Board is. able to determine, there are only two other personal airstrips in use in the Town, both of which predated the original Zoning Ordinance of 1957 and are regarded as a non-conforming use. The original Zoning Ordinance as adopted on April 9, 1957 made no provision for airfields. However, the Ordinance, as amended on November 23, 1971, provided for airports and airfields in the "C-l" General Industrial District , Article IX, A, 47 by Special Exception of the Board of Appeals ; and subject to site plan approval by the Planning Board. The Board notes in Gray v. Ward 343 N.Y.S. 2d 749 that a helipad is not an "accessory use" within a Zoning resolution unless expressly so stated. Ward v. Gray also examines the meaning of "incidental" when used to define an accessory use, stating that "incidental" when used to define an accessory use must also incorporate the concept of reasonable relationship with the primary use - in this case, a sod farm. Nor is it a "customary" use. Private airstrips are prohibited in all districts of the Town of Southampton., although limited airfields are permitted in Heavy Industrial Zone. Babylon and Brookhaven permit airports in General Business Zone and J.2 Business Zones, respectively, by Special Exception. Islip and Huntington make ti Southold Town Board of Appeals -5- October 11, 1973 no provision for airfields. Riverhead permits airports in "A" Residential, "A" Light Industrial, and "B" General Industrial by special use permit of the Town Board. The applicant's proposal, in our opinion, constitutes an airport as defined in Section 240 of the General Business Law and, as such, would be governed by Section 249 requirements. Section 240 definition: Airport means any landing area used regularly by aircraft for receiving or discharging passengers or cargo ; or for the landing and take-off of aircraft being used for personal or training purposes. In the opinion of this Board, the applicant has an airport as defined above, and we are persuaded that an airport. is not 'a customary and permitted accessory use of "A" Residential and Agriculture Zone property in the Town of Southold; that to permit such a use by means of a variance would usurp the legislative function of the Town Board which can, if it wishes , permit such a use in the "A" Zone by amending the Ordinance. The proposed storage on the premises of several antique airplanes owned by the applicant is a use of the property which does not affect the public interest and is a use which is accessory and incidental, though perhaps not customary. In reaching these conclusions, the Board consulted with Mr. Arthur Bujnowski, the applicant; The Suffolk County Planning Commission; Southold Town Board; Robert Tasker, legal counsel of the Town of Southold; investigations of other Ordinances in Suffolk County; and the decision of Ward v. Gray. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district ; and the variance will change the character of the neighborhood, and will not observe the spirit of the' Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, Arthur J. Bujnowski , 6 Surryhill Place, Huntington, New York, be DENIED permission to operate an airfield in "A" Zone District, located on the south side of Main Road, Peconic , New York, as applied for, for the reasons stated. The Southold Town Board of Appeals sets November 151 1973, as the date at which time .all flying activities must cease. Vote of the Board: Ayes:- Messrs : Gillispie, Bergen, Grigonis, Hulse, Doyen. Le 0 la1 11.4 2.2A S OA 17.1 15 2 3ArU s 37.6A1c1 10.1 1 k d 10.3 • q 2.IAtc1 ; � P 6 / 116A '�9 1 TOVN OF SOUTHOLD I - \ mcl[LaPefNr rodry 9 / 10.4 I v 19.IA O Tr OF SUFFOLK LOP%CNr FtWSL . a J y� b•fG 6 3 v 19.OALU '^ ti >M1 v1� N y l9 O J 10.O65 ` 10, _ t > J �►lGl 4� f �♦G� >V � 1. a ti• ti ♦ 6 "s SUBJECT PROPERTY 11 a� J 10 M • c � Y 2.6A1d A t 11.5 "ma`s 2 LIA 22A1U 4 1 11.7 ? 1G1 1► ►O s 2.0A1a G = 6 Ill sz 2 A►LG1 k - 11.4 -� ` 1�1,►LG1 0 2.lALU / n � 11.3 O 2.6ALU lL6 � 2.IA 1 'Z�G1 1 _ 11.9 u K %U00 2.OA 115► rr J 11A s 9 I1c, 15 { 10 1 ► cJ 2> 16.A j i P1 \ � ti♦ 23 y6A .6 \ {r q 10.6 11 1).6Arc1 d Ma 1.7A 1.)NGl ,1) .• • � 3.3A 4 ICJ o s 16.10 s � �b �01, s 4 � 16.5 12 ;P cJ ia7 1.�► r B O Obi , IJ 20.2 1.6A , a L7AIU s �y�J 10.4 20.1 %.6A 2 _ 10.0A c Is ,Ne � �O L r,JC •i.{ 1 � g SA N Kowalski, Linda From: Kowalski, Linda Sent: Friday, August 31 , 2001 12:14 PM To: Kalin, Carol; Kassner, Bob Cc: Scopaz, Valerie Subject: Joint Reviews between PB and ZBA Hi The legal notice for Sept. 20th ZBA hearings was forwarded; the files that the PB may want to send information on appear to be: Subdivisions/Unmerge Waivers/Other: Barbara J. Martin 55-5-15 Peter and Val Leoniak 98-1-17 Briarcliff Sod-'854-12.1, 12.2, 97-10-1 Kace LI, Inc. 40-3-1. Please feel free to send comments on any pending applications. Carol or Bob, please feel free to copy documents of interest from ZBA files at anytime if needed.Thank you Wishing you all a great Labor Day weekend ahead! Jerry Goehringer ZBA Chairman via ZBA staff email. Kowalski, Linda From: Kowalski, Linda - Sent: - - -Friday, August 3-1-,-2001- 12:08 PM-- To: Yakaboski, Greg; Kassner, Bob; Kalin, Carol; Verity, Mike; Spiro, Melissa; Doroski, Melanie Subject: ZBA Hearings for Sept 20th For your info, Thank you. LN Combined.doc t . 1 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 20, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 20, 2001, at the time noted below (or as soon thereafter as possible): 8:20 p.m. BRIARCLIFF SOD, INC. This is an Appeal under Section 100-33 based on the Building Inspector's May 2, 2001 Notice of Disapproval for proposed Lot 1 and Lot 2 with a total land area of less than the required 80,000 sq. ft. in this proposed subdivision project. The lots which are being created is located in the R- 80 Residential Zone District. Location of Property: 24.97 acres extending off the north side of Leslie's Road and off the south side of Main Road (S.R. 25) in Peconic; Parcels 1000-85-3-12.1, 12.2; 1000-97-10-1. The Board of Appeals will hear all persons, or their representative, desiring to be heard regarding the above, or desiring to submit written statements before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: August 31, 2001. BY ORDER OF THE SOUTHOLD TOWN ZONING BOARD OF APPEALS Gerard P. Goehringer, Chairman 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 I OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 fax (631) 765-9064 September 4, 2001 Re: Chapter 58— Public Notice for Thursday, September 20, 2001 Hearing - Dear T am: Please find enclosed a copy of the Legal Notice describing the recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, on Monday, September 10th, or sooner, including a copy of a map showing your project area, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. When picking up the sign, a $15 check will be requested for each metal stand as a deposit. If you already have a sign and stand and only need the laminated printout for the face of the sign, an additional deposit is not necessary and we can mail or fax a print out to you. Please post the Town's official.Poster/sign no later than September 131h, 2001. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is furnished for each front yard.) The sign(s) must remain in place for at least seven (7),days, and should remain posted through the day of the hearing. If you need a replacement sign, please contact us. By September 13th, please submit to our office your Affidavit of Mailing (copy enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us (but not later than the date of the hearing). If any signature card is not returned, please advise the Board at the hearing. On or about September 19th, 2001, and after the signs have been in place for seven (7) days, please submit your Affidavit of Posting to our office. These will kept in the permanent record as proof of all Notices. (Please feel free to return the metal stands to our office for a return of your deposit.) If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. 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