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HomeMy WebLinkAbout1000-63.-1-17, 18 n I i RESOLVED that the Southold Town Plannlng Board approve the"As Zs" slte plan with the following conditiou: 1, Phase I curbing and drainage is to be brought to proper standards upon any future development of the site· I o lO ' , '") ,i ~,~:4,1,, I"" I .SE~/E R PROFILE RESOLVED that the Southold Town Planning Board P~ESCZND the resolution of February 6, 1989, to approve the "As Is" site plan dated December 30, 1988, with the following condition: 1. Phase Z curbing and drainage ls to be brought te proper standards upon any future development of the site· RESOLVED that the Southold Town Planning Board approve the PLAN ~, kJ ~OARD Tow~'~ OF 5OUTHOLD ,DATE -~'- -~- ....... / ~R Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1989 Vincent Claps Alfred Ciletti P.O. Box 312 Southold, NY 11971 RE: BCC Restaurant Corp. SCTM ~1000-63-1-17,18 Dear Drs. Ciletti & Claps: The following actions were taken by the Southold Town Planning Board on Monday, April 3, 1989. RESOLVED that the Southold Town Planning Board RESCIND the resolution of February 6, 1989, to approve the "As Is" site plan dated December 30, 1988, with the following condition: Phase I curbing and drainage is to be brought to proper standards upon any future development of the site. RESOLVED that the Southold Town Planning Board approve the "As Is" site plan dated December 30, 1988. If you have any questions, please do not hesitate to contact this office. V, eT~truly your$~-~ /'/ /~/~ BENNETT ORLOWSKI, JR. ~ - CHAIRMAN CC: jt Kevin McLaughlin Jay $chondebare, Town Attorney Building Department Assessor's Office Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 6, 1989 Vincent Claps Alfred Ciletti P.O. Box 312 Southold, NY 11971 RE: Ciletti & Claps SCTM #1000-63-1-17,18 Dear Mr. Ciletti & Claps: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board approve the"As Is" site plan with the following condition: Phase I curbing and drainage is to be brought to proper standards upon any future development of the site. If you have any questions, please do not hesitate to contact this office. cc: Assessor's Building Department eric. jt Z~?/ N . ;"/ /'!/'..'./' ; "-~' "~ t BENNETT ORLOWSKI , JR. CHAIRMAN Southold, N.Y. 11971 (516) 765-1938 July 17, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, NY 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: The following action was taken by the Southold Town Planning Board, Monday, July 14, 1986. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the site plan of Drs. Ciletti and Claps for construction of offices located at County Rt. 48, Southold, site plan made for BCC Restaurant Corp and dated as last amended June 18, 1986. Upon receipt of the Chairman's endorsement we will forward a site plan to you. Please contact this office if you have any questions. Very truly yqurs, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Melissa Spiro TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York 516 Southold, N. Y. 11971,~, ' Judith T. Ter~, Town Clerk ( ) SITE PLAN ELEMENTS §100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map Date, North arrow and written and graphic scale Sufficient description or information to precisely define the b~undaries of the property. Ail distances shall be in feet and tenths of a fpor. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing width of adjacent streets and carbline; The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setb~ reservations, and areas dedicated to public use withinor adjoining prope~ A complete outline of existing deed restrictions or covenants applying'to theproperty Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater ove Location of existt~ng watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks, and wehleular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, eulve and waterlines as well as other underground and above ground utilities within and adjacent to the property. -Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design ofall uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER. · . Site plan elements cont. (~,~4) (· ) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. (/) The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes onl~ a first stage, a supplementary plan shall indicate ultimate develoment. ( ) Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. ( ) ( ) ( ) TRANSMIT[AL LET[ER AIA DOCUMENT G8'IO PROJECT: (name, address) TO: r~'-----------------~'/~z~ ~'~ q ,,,,.l.,~..v~./ ~. ~,, ~/~ ~ / ~ . ~/1~7I L ~, J WE TRANSMIT: (~erewith ( ) under separate cover via ( ) in accordance with your request ARCHITECT'S PROJECT NO: ~(~0 DATE: J FOR YOUR: ( j,)~p royal ( ~)"~iew & comment ( ) use THE FOLLOWING: ) Drawings ) Specifications ) Change Order If enclosures are not as noted, please inform us immediately. If checked below, please: ( ) Acknowledge receipt of enclosures. ( ) Return enclosures to us. distribution to parties ( ) information record Shop Drawing Prints ( ) Samples Shop Drawing Reproducibles ( ) Product Literature COPIES DATE REV. NO. DESCRIPTION ACTION CODE ACTION A. Action indicated on item transmitted D. For signature and forwardin~ as noted below under REMARKS CODE B. No action required E. See REMARK5 below C. For signature and return to this office REMARK5 COPIES TO: 'OCUMENT G810 ' TRANSMITTAL LETTER (with enclosures) · APRIL 1970 EDITION · AIA® ' COPYRIGHT © 1970 4ERICAN INSTITUTE OF ARCHITECTS, 1785 MASSACHUSETTS AVENUE, N.W., WASHINGTON, D.C. 20036 AGE ATTORNEY AT LAW 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516~ 477-1016 PLANNIN~ April 4, 1989 Southold Town Attorney's Office Southold Town Hall PO Box 1179 Southold, New York 11971 Attention: Robert H. Berntsson, Assistant Town Attorney Re: BCC Restaurant Corp. v. Southold Town Planning Board Dear Rob: I have enclosed the original and one copy of the Stipulation in the above-referenced matter. I attended the Planning Board session on April 3, 1989, at which time the Board voted to rescind the condition that had been placed on the "as-built" site plan. Once I am in receipt of a written copy of such a resolution, I should be in a position to stipulate to discontinue the Article 78 proceeding. There was one troubling aspect of the Planning Board's vote to rescind, which I feel I must bring to your attention. During the Board's discussion of the resolution to rescind, member, Richie Latham, stated, on the record: "We'll just have to hit them next time." This would appear to be a clear reference to th~ treatment Drs. Ciletti and Claps might expect from this Board in the future. JKM/lg Enclosures cc: Southold Town Planning Board Obviously, such a remark was totally uncalled for and tends to diminish confidence in the Board by my clients and by the public at large. Please be assured that any attempt in the future to treat my clients in other than a fair and reasonable manner or to attempt to retaliate against them for commencing this Article 78 proceeding will not be tolerated. SUPREME COURT OF THE STATE OF NEW ."~k' COUNTY OF SUFFOLK In the Matter of the Application of BCC RESTAURANT CORP. for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, X Petitioner, NOTICE OF PETITION - against - INDEX NO. BENNETT ORLOWSKI, JR., Chairman, WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board Respondents, X PLEASE TAKE NOTICE that on the petition of BCC RESTAURANT CORP., verified March 6, 1989, an application will be made at an IAS Part of this Court to be held in and for the County of Suffolk at the courthouse in Riverhead, New York, on April JO , 1989, at 9:30 a.m., or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 to review, annul and set aside the action of the respondents, constituting the Planning Board of the Town of Southold, taken on the 6th day of February, 1989, by which respondents approved petitioner's "as-built" site plan and for such other and further relief as'may be just, proper and equitable. PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if any, shall be served at least 5 days before the aforesaid date of hearing. Petitioner designates Suffolk County as the place of trial. The basis of cc: Town Board Town Attorr~ey Planning Board venue is that respondent, Southold Town Planning Board is a town board of a municipality located within Suffolk County. Dated: Greenport, New York March 6, 1989 J. KEVIN MCLAUGHLIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of BCC RESTAURANT CORP. for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, - against - BENNETT ORLOWSKI, JR., Chairman, WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board Respondents, X TO THE SUPREME COURT OF THE STATE OF NE~ YORK, COUNTY OF SUFFOLK: PETITION INDEX NO. The petition of BCC RESTAURANT CORP. respectfully shows: ~!~_s.T: That your petitioner is the owner of the real property with the buildings thereon situated in the Town of Southold, County of Suffolk, State of New York and more fully described in Exhibit "A" annexed hereto and made a part hereof. ~p_Np: That the said respondents, Bennett Orlowski, Jr., William Mullen, Richard Lathan, Richard Ward and Kenneth Edward at all times herein mentioned constituted and still constitute the Southold Town Planning Board of which said board the said respondent, Bennett Orlowski, Jr. is and was at all times chairman. ~.!~: In or about the fall of 1985 the petitioner filed an application for site plan approval with the Southold Town Planning Board for the construction of a two phase office building complex on said premises. ~pU__R.T_H_: That on or about August 6, 1986, the petitioner obtained site plan approval from the $~uthold Town Planning Board for the construction of said project. Annexed hereto and made, a part hereof as Exhibit "B-l" and "B-2" respectively are a copy of said approved site plan and the letter of transmittal to petitioner's architects dated August 6, 1986. FIFTH: That pursuant to said approved site plan, the petitioner sought and obtained construction financing from an area lending institution for this project. ~T_H.: That said lending institution would lend a maximum sum of $187,000.00 to the petitioner for phase one of said project. S__E.¥_$~: That as part of said project, the principals of the corporate petitioner; namely Vincent M. Claps and Alfred M. Ciletti were building a new professional office for their dental practice. ~3G__H.~: In addition, the project encompassed other professional offices to be leased by the petitioner. ~N~T~: That the lending institution required that, if both buildings encompassed in phase one of the project could not be built for $187,000.00, that the petitioner construct the dental office building first. ~T_~: That as appears on the approved site plan annexed hereto as Exhibit "B-l", the dental office was originally planned as the westerly of the two buildings comprising said phase,one of the project. .~E__V.~_T.~: That the petitioner determined that both buildings comprising ase one of the approved project could not be built for $187,000.00. ~.~T__H: That as a result of the foregoing, and in order to prevent multiple problems with the later construction of the rental building in phase one of the project, the petitioner determined to switch the location of the buildings comprising phase one of the project. In other words, the dental office building would become the more easterly building and the smaller, rental building would become the more westerly building in phase one. THIRTEENTH: In order to accomplish this purpose, the petitioner, through its agents, contacted the $outhold Town Building Inspector to inform him of the proposed switch in the locations of the buildings in phase one. .~_R~_E~_T_~: The petitioner was assured by said Building Inspector that, since there was no change in the square footage of the respective buildings, the switch of the buildings'locations would not cause any problem and that no further action by the Planning Board was required. .~F~_T.~E_~{T~: Petitioner filed an application for the necessary building permits for the construction of phase one of the projects with the building locations switched as set forth above. ~T__E.~: Thereafter, and on or about July 30, 1986, the aforesaid building permit was issued for the construction of the dental office bearing permit number 15581Z. Thereafter, on 'or about May 20, 1988 a building permit bearing number 17037Z was issued for the construction of the rental office contained in phase one of the project. SEVENTEENTR: In good faith reliance on said building permits, the petitioner proceeded to construct the dental office building and later the rental office building and expended approximately $211,000.00 in said construction, in addition to the purchase price of the real property in the sum of $80,000.00 ~IG__.H.T___E~: Thereafter, the petitioner applied for certificates of occupancy for the said buildings in phase one. ~%N__E%~_E~T~: That upon information and belief, the $outhold Town Planning Board inspected the project and directed the $outhold Town Building Inspector not to issue such certificates of occupancy unless and until the petitioner filed an "as- built" site plan showing the buildings in phase one as switched with said Planning Board and obtain approval for said "as-built" site plan. ~: In order to obtain the required certificates of occupancy, the petitioner caused its architects to prepare and file an "as-built" site plan with the Planning Board. ~WE__NT~-_~_!~$~: In reviewing and approving said "as-built" site plan, the Southold Town Planning Board has conditioned said approval as follows: "Phase i curbing and drainage is to be brought to proper standards u~on any further development of the site." See copies of approved "as-built" site plan and letter of transmittal thereof respectively annexed hereto as Exhibits "C-l" and "C-2". T_~.~NT___.y~S_EC__O_N_~: It is respectfully submitted that the petitioner has constructed phase one of the project in good faith reliance on the approved site plan and the validly issued building permits from the Southold Town Building Inspector. TWENTY-THIRD: The originally approved site plan provided for paving and curbing of the curb-cut off County Route 48 to county specifications. Said approved site plan did not provide for curbing around the perimeter of the on-site paving and parking areas. ~_E~!2.~9~.~: The drainage situation was considered in the petitioner's initial site plan review and was approved, as part of the originally approved site plan. ~_N_~Y-___FJ~: In fact, petitioner did install CCA railroad tie type curbing around the perimeter of the on-site paving and parking areas in phase one of the project. T_~..~Y-___S~I_{: The attempt by the Southold Town Planning Board to impose additional, more stringent drainage and curbing requirements as part of its approval of the "as-built" site plan is unlawful, arbitrary and capricious and without basis in law or in fact. !~_EN_TY__-~_E~: The petitioner, through its agents has been advised by the Planning Board, tha~ petitioner must provide either concrete or belgian block curbing around the entire perimeter of the paving and parking areas for the entire )roject. ~._~y_5.E~_G.~T~: Upon information and belief, the cost of such curbing, as opposed to the CCA railroad tie type curbing, would be an additional $50,000.00 to $60,000.00. TWENTY-NINTh: Phase one of the subject project was built in compliance with, and in reliance on, the initially approved site plan and the building permits issued pursuant thereto, ~IR~T_~E_~: That the actions of the $outhold Town Planning Board in conditioning its approval of the "as-built" site plan upon bringing phase one curbing and drainage to proper standards is arbitrary, capricious and illegal. ~_I_~-__F_I.~: The $outhold Town Planning Board lacked jurisdiction or to further condition site plan approval on the subject project subsequent to .ts approval of the initial site plan, the issuance of building permits pursuant thereto and the petitioner's construction of phase one of the project in good faith reliance thereon. Accordingly, the conditions imposed by the $outhold Town Planning Board in its conditional approval of petitioner's "as-built" site plax] should be set aside. ?~I_R...TY_T.~: ;;o previous application for the relief requested herein has been previously made. ~TY-___.T.~.~: Thirty (30) days have not elapsed since the filing of the subject determination with the Town Clerk. WHEREFORE, petitioner prays for a judgment that the conditions imposed by the Southold Town Planning Board on its approval of the petitioner's "as-built" site plan be set aside and that said Planning Board be directed to deliver to the petitioner an approved "as-built" site plan not containing the aforesaid conditions. Bated: ~arch 6, 1989 Greenport, NY 11944 J. KEVIN MCLAUGHLIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 day of January , niueteea hundred and eighty-five 9733 599 THIS INDEIh'TURF.., made the BETWEEN LONG ISLAND~k~LIF~OWER ASSOCIATION,. a domestic corporation with its principal place of business at 139 ~rcy Avenue, Riverhead, New York 11901 ofthe first pan. and BCC RESTAURART CORP., a New York corporation with its principal place of business at 817 Main Street, Greenport, New York 11944 TAX MAP [SIGNATION '~. 063.00 L 01.00 ,lb): 018. 0O2 party oi the second part, WITNF--~E'I'H, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release onto tbe party o£ the second pan, the heirs or successors and assigns of the party of the second part forever, ' ALL tM, certain plot, pi~CwenOr r~ ~hlo~i, with ~u~he buildings and hnprovements thereon erected, sltuate, lying and being in the o~a u°t d, Co ty of Suffolk and State of New York, being more particularly bonded and described as follows: BEGINNING at a point on the easterly side of Norton's Lane where the same is intersected by the northwest corner of land now or formerly Batuyios and the southwest corner of the premises about to be described herein, said point being distant 77.96 feet northerly as measured along the easterly side of Hortons Lane from the northerly end of a curve connecting the northerly side of Middle R~ad (C.R. 48) with the easterly side of Hortons Lane; running thence from said point or place of beginning along the easterly side of Hortons Lane, North 8° 57' 10" West 50.66 feet to land now or formerly Conway Bros.; running thence along said land North 71° 48' 10" East 1024.06 feet to land now or formerly Dart; running thence along said land the followSng two (2) courses and distances: 1) South 10° 21' ~O" East 50.47 feet; 2) South 9° 37' 50" East 42.56 feet to the northerly side of Middle Road (C.R. 48); running thence along.the northerly side of Middle Road South 67° 06' 40" West 625.07 feet to land now or formerly Batuyios first above mentioned; running thence along said land now or formerly Batuyios the following two (2) courses and distances: 1) North 22~ 53' 20" West 93.54 feet; 2) South 71° 48' 10" West 388.36 feet to the point or place of BEGINNING. THE REAL PROPERTY Described herein does not constitute all or substantially all the assets of Long Island Cauliflower Association. BEING AND INTENDED TO BE premises described in deed to party of the first part in deed dated August 1, 1939, recorded August 4, 1939 in Liber 2055, cp 139 AND in deed dated July 29, 1939, recorded August 4, 1939 in Liber 2055, cp 137 AND in deed dated December 23, 1949, recorded December 27, 1949 in Liber 3030, cp 344 in the Suffolk County Clerk's Office. . ' .~ TOGETIIER with all right, title and interest, if any, ol the party of the first part in and to auy streets and roads abutting the above described premises to the center lines tbereof; TOGETHER with the a~pu~enances and all the estate and rlgbts of the party of the first part in and to aid premises; TO }lAVE AND TO HOLD.tbe premises herein grouted unto the party oi fl~e s~ond part, the heirs or successors and assigns the party of the second part forever. : . : :. written. / ' I~ ~a~c~ o~:/ AND the party of the first part covenants that tbe part); 'or'the first part tins not doee or suffered anytlfing whereby the said premises bare heeo encmnbered in any way whatever, except as aforesaid. ' the first part will r~elve the conside~tlon for this ~nveyance and will bohl the right to receive such consld- eration as a trust fund to be applied first for the pur~se of paying the cost of the bnprov~ent and will apply the same first to the I~yment of the cost of the improvcnnent bcfore using any ~rt oI the total of the s~ne auy other put.se. The x~rd "l~ny'' shall be construed as if it read "parties" whenever the sense of tbls indenture so requires. IN Wff~ WH~OF, the ~rty of the first part bas duly ~uted tiffs deed the day and year first LONG IS~ND CAULIFLOWER ASSOCIATION EXHIBIT "A" ¢ ~o~ 00'I0 NOIID~S am aaotaq ' aua~ ,(lleUOS~ad 61 to ,(el:) aql u0 0i NOI~VIOOSSV HRMO~I'~IVO C[NV'~SI 9NOq °TlqncI · aapao a~![ iq ol~aaql am~u STq pa~{s aq 3eql pue 'uop -eaodaoa p? Ia sao~a]p ]o pae~ oq~ jo aapao Xq os sc~ 3{ ~cq~ :[cas aluao~ qDns s~ 3uatunalsu~ p~s pax~e i~as aql leto :uoHeaMJO> pies ~o leas ~tll s~ou~ p~sa~'uoHe~o~o~'aql; ~ ' ~ .:,: uol~ossv. ~aaa°l~lnv~ puelsI ~uo~ pue asodap p~p 'ajax, s linp am lq 2maq 'oqA~ 'u,uou>[ a~ aaojaq ' Sg~6i ' ~uef t~p~ ~ aql u0 :ss ~Oj~DS ~0 llNflO~ '~UOi MJN ~0 3IYZS EXHIBIT "B-i' Southold, N.Y. 11971 (516) 765-1938 August 6, 1986 Mr. Robert Brown Fairweather - Br~wn Architects P.O. Box Z Shelter Island Heights, Ny 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: Enclosed is a survey for the above mentioned approved proposal which has been endorsed by the Chairman. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Melissa Spiro enc. EXHIBIT "B-2" T .% Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 T£L£PHON£ (.516) 76S-1938 Vincent Claps' Alfred Ciletti P.O. Box 312 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 6, 1989 P~E: Ciletti & Claps SCTM 91000-63-1-17,18 Dear Mr. ciletti & Claps: The'following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board approve the"As Is" site plan with the following condition: Phase I curbing a~d drainage is to be brought to proper standards upon any future development of the site. If you have any questions, please do not hesitate to contact this office. cc: Assessor's Building Department eric, yours, /. ," ? , . .......7 ~ !,-"~..::-" .~, ~.) ~, / · BENNETT ORLOWSKI , JR. CHAIRMAN EXHIBIT JC-2" I, the undersigned, an attorney admitted to practice in the courts of New York State, [] C~rtification certify that the within ay Au0rn. bas been compared by me witb the original and found to be a true and complete copy. ~ Affirmationthe attorney(s) of record for ~ in the within action; I have read the foregoing < and know the contents thereof; the same is ~ true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as o to those matters I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follmvs: I affirm that the foregoing statements are true, under tbe penalties of perjury. Dated: STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: 1, VINCENT H. CLAPS being sworn, say: 1 am Individual ~ xxx xxx xxx xxxxxxxxxx xxxx xx x mm~mmx~xm~me~m:e mk ~ xm~x~x~mc~ya~yxa'-x~Jax~q~ntf~Xe~x~ x: ~ ~V.i~ati0nC°r~°rate the ~1~ of BCC RESTAU~T CORP. ~ a domestic New York co~oration and a party in the within action; ] have read ~e foregoing Notice of Petition and Petiti~nd ~ow the contents thereof; and the same is true to my own ~owledge, except as to the matters therein stated to be alieg~ upon information and belief, and as to those matters I believe it to be true. This verification is made by me ~ause ~e above party is a corporaHon and [ am au officer thereof. Sworn to before me ~n/ ~h~ -"[ ~;[[h' ................... ' ~and_~d~at' "7 ~' ; '~ On 19 I ~med.th* wifllln se.i. b'- deoositino' a true co.y thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care ~ [] ~ ~ai~ and custody of the U.S. Postal Servtce wahin New York State, addressed to each of he following persons at thc last ~ known address ~t forth after each name: ~] ~,.*.a~ by deliveri.g a true copy thereof personally to each person .creed below at tim adllrt~s illdicated. I knew ead~ person s.,i~, 0, served to be the persou ~nentioned and described in said papers as a party therein: Sworn to before me on 19 COUNTY OF SUFF In the Matter of the Application of BCC RESTAURANT CORP. for a Judgement Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, - against - THE TOWN OF SOUTHOLD~PLANNING BOARD, and BENNETT ORLOWSKI, JR., Chairman WILLIAM MULLEN, RICHARD LATHA~, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board, Respondents. J. I~I*JVIN McLAUGHLIN Attorney for Petitioner oSfio, and Post Officg Address, telephone To Attorney(s) for Service of a copy of the within Dated, is hereby admitted. Attorney(s) for Sir:--Please take notice 121 .o'.c£ or £wrnv that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 19 [~ NOTICE OF SETTLIE~ENT that an order of wbich the within is a troe copy will be presented for settlement to the HON. one of the judges of the within uamed court, at on 19 at M. Dated, Yours, etc. J. I{I'3VIN bI~LAtJGilLIN .4tt'or'neyfor Petitioner Office and Post OJ]~ce Address To Atlorney{s) for Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 Vincent Claps Alfred Ciletti P.O.Box 312 Southold, New York PLANNING BOARD OFFICE TOWN OF $OUTHOLD March 29, 1989 11971 Dear Messrs. Claps and Ciletti, Dear Messrs. Claps and Ciletti, Re: Site Plan for BCC Restaurant Corp. SCTM #1000-63-1-17,18 The Planning Board has received the Article 78 petition regarding the amended site plan for the above-referenced site. Upon review of the situation, the Board has decided to rescind the condition that was placed on the amended site plan. The formal rescission will take place at the Board's public meeting on April 3rd. It is suggested that you or a representa- tive be present. Very,~l~uly Yours, .,~ /g /') ~ Bennett Orlowski, Jr. Chairman CC: Kevifi McLaughlin, Esq. James A. Schondebare, Town Attorne~ Victor Lessard, Building Department VS JAMES A. SCHONDEBARE TOWN ATTORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNI~Y OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1939 TO: FROM: DATE: RE: INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE Planning Board James A. Schondebare. Town Attorney March 9. 1989 BCC Restaurant Corp.. Article 78 You have received a copy of this recent Article 78. which I would request you review and advise me of your position on this matter. By receiving a copy of this memo. I am providing a copy of the papers to Victor Lessard of the Building Department for his comments. JAS:mls -/ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of BCC RESTAURANT CORP. for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, ~ul~o~d Iow~ - against - Petitioner, NOTICE OF PETITION BENNETT ORLOWSKI, JR., Chairman, WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board INDEX NO. Respondents, X PLEASE TAKE NOTICE that on the petition of BCC RESTAURANT CORP., verified March 6, 1989, an application will be made at an IAS Part of this Court to be held in and for the County of Suffolk at the courthouse in Riverhead, New York, on April ~O , 1989, at 9:30 a.m., or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 to review, annul and set aside the action of the respondents, constituting the Planning Board of the Town of $outhold, taken on the 6th day of February, 1989, by which respondents approved petitioner's "as-built" site plan and for such other and further relief asmay be just, proper and equitable. PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if any, shall he served at least 5 days before the aforesaid date of hearing. Petitioner designates Suffolk County as the place of trial. The basis of cc: Town Board Town Attorney Planning Board venue is that respondent, Southold Town Planning Board is a town board of a municipality located within Suffolk County. Dated: Greenport, New York ' March 6, 1989 J. KEVIN MCLAUGHhIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X In the Matter of the Application of BCC RESTAURANT CORP. for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, - against - BENNETT ORLOWSKI, JR., Chairman, WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board Respondents, X TO THE SUPREME COURT OF TRE STATE OF NEW YORK, COUNTY OF SUFFOLK: PETITION INDEX NO. The petition of BCC RESTAURANT CORP. respectfully shows: .~_S~.~: That your petitioner is the owner of the real property with the buildings thereon situated in the Town of Southold, County of Suffolk, State of New York and more fully described in Exhibit "A" annexed hereto and made a part hereof. S_E~gN_D.: That the said respondents, Bennett Orlowski, Jr., William Kullen, Richard Lathan, Richard Ward and Kenneth Edward at all times herein mentioned constituted and still constitute the Southold Town Planning Board of which said board the said respondent, Bennett Orlowski, Jr. is and was at all times chairman. ~R_~: In or about the fall of 1985 the petitioner filed an application for site plan approval with the $outhold Town Planning Board for the construction of a two phase office building complex on said premises. .~gU~R.T~: That on or about August 6, 1986, the petitioner obtained site plan approval from the S~uthold Town Planning Board for the construction of said project. Annexed hereto and made, a part hereof as Exhibit "B-i" and "B-2" respectively are a copy of said approved site plan and the letter oi transmittal to petitioner's architects dated August 6, 1986. ~F~T~: That pursuant to said approved site plan, the petitioner sought and obtained construction financing from an area lending institution for this project. .~!~: That said lending institution would lend a maximum sum of $187,000.00 to the petitioner for phase one of said project. $_E.~: That as part of said project, the principals of the corporate petitioner; namely Vincent M. Claps and Alfred M. Ciletti were building a new professional office for their dental practice. ~G~_~..~: In addition, the project encompassed other professional offices to be leased by the petitioner. ~.!N__T.~: That the lending institution required that, if both buildings encompassed in phase one of the project could not be built for $187,000.00, that the petitioner construct the dental office building first. ~NT~: That as appears on the approved site plan annexed hereto as Exhibit "B-l", the dental office was originally planned as the westerly of the two buildings comprising said phase.one of the project. ~E__V.~N~T~: That: the petitioner determined that both buildings comprising phase one of the approved project could not be built for $187,000.00. ~.~T~: That as a result of the foregoing, and in order to prevent multiple problems with the later construction of the rental building in phase one of the project, the petitioner determined to switch the location of the buildings comprising phase one of the project. In other words, the dental office building would become the more easterly building and the smaller, rental building would become the more westerly building in phase one. ~.~: In order to accomplish this purpose, the petitioner, through its agents, contacted the Southold Town Building Inspector to inform him of the proposed switch in the locations of the bu.ildings in phase one. .~PP~.~.~k The petitioner was assured by said Building Inspector that, since there was no change in the square footage of the respective buildings, the switch of the buildings locations would not cause any problem and that no further action by the Planning Board was required. .~.F_T..~T~: Petitioner filed an application for the necessary building permits for the construction of phase one of the projects with the building locations switched as set forth above. ~.!~T___E_~T~: Thereafter, and on or about July 30, 1986, the aforesaid building permit was issued for the construction of the dental office bearing permit number 15581Z. Thereafter, on 'or about May 20, 1988 a building permit hearing number 17037Z was issued for the construction of the rental office contained in phase one of the project. ~EV~E.~T~E~N_T~: In good faith reliance on said building permits, the petitioner proceeded to construct the dental office building and later the rental office building and expended approximately $211,000.00 in said construction, in addition to the purchase price of the real property in the sum of $80,000.00 ~IG__~H~_E~N__T~: Thereafter, the petitioner applied for certificates of occupancy for the said buildings in phase one. ~!N__E~.N_T~: That upon information and belief, the $outhold Town Planning Board inspected the project and directed the Southold Town Building Inspector not to issue such certificates of occupancy unless and until the petitioner filed an "as- built" site plan showing the buildings in phase one as switched with said Planning Board and obtain approval for said "as-built" site plan. ~E~_{~: In order to obtain the required certificates of occupancy, the petitioner caused its architects to prepare and file an "as-built" site plan with the Planning Board. TWENTY-FIRST: In reviewing and approving said "as-built" site plan, the Southold Town Planning Board has conditioned said approval as follows: "Phase 1 curbing and drainage is to be brought to proper standards u~on any further development of the site." See copies of approved "as-built" site plan and letter of transmittal thereof respectively annexed hereto as Exhibits "C-i" and "C-2". T_W..~N_._~..X~: It is respectfully submitted that the petitioner has constructed phase one of the project in good faith reliance on the approved site plan and the validly issued building permits from the $outhold Town Building Inspector. ~E__N_TY_~-~: The originally approved site plan provided for paving and curbing of the curb-cut off County Route 48 to county specifications. Said approved site plan did not provide for curbing around the perimeter of the on-site paving and parking areas. %~{~p~.~%~: The drainage situation was considered in the petitioner's initial site plan review and was approved, as part oi the originally approved site plan. ~_E_~y~[%~: In fact, petitioner did install CCA railroad tie type curbing around the perimeter of the on-site paving and parking areas in phase one of the project. T_W~~y~_s~: The attempt by the Southold Town Planning Board to impose additional, more stringent drainage and curbing requirements as part of its approval of the "as-built" site plan is unlawful, arbitrary and capricious and without basis in law or in fact. !~Y_-~N~: The petitioner, through its agents has been advised by the Planning Board, tha~ petitioner must provide either concrete or belgian block curbing around the entire perimeter of the paving and parking areas for the entire )roject. ~¥~.~!~.~!~: upon information and belief, the cost of such curbing, as opposed to the CCA railroad tie type curbing, woul~ he an additional $50,000.00 to $60,000.00. ~E_I~T_Y-_~I_N~: Phase one of the subject project was built in compliance with, and in reliance on, the initially approved site plan and the building permits issued pursuant thereto. !~I_R.~.~: That the actions of the $outhold Town Planning Board in conditioning its approval of the "as-built" site plan upon bringing phase one curbing and drainage to proper standards is arbitrary, capricious and illegal. ~_~¥~_F..~: The $outhold Town Planning Board lacked jurisdiction or power to further condition site plan approval on the subject project subsequent to its approval of the initial site plan, the issuance of building permits pursuant thereto and the petitioner's construction of phase one of the project in good faith reliance thereon. Accordingly, the conditions imposed by the Southold Town Planning Board in its conditional approval of petitioner's "as-built" site plan should he set asids. THI_R.,TY___-..~_~C~p: No previous application for the relief requested herein has been previously made. %~TY-%~!~p: Thirty (30) days have not elapsed since the filing of the subject determination with the Town Clerk. WHEREFORE, petitioner prays for a judgment that the conditions imposed by the Southold Town Planning Board on its approval of the petitioner's "as-built" site be set aside and that said Planning Board be directed to deliver to the petitioner an approved "as-built" site plan not containing the aforesaid conditions. Dated: ~{arch 6, 1989 Greenport, NY 11944 J. KEVIN MCLAUGHLIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 TA~ MAP ESIGNATION u. 1000 ~. 063.00 ~. 0k00 002 ULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. :23'76. '; THI~ INDENTURE, made the BETWEEN ~.!- ~. 77~ day of January , nineteen hundred and eighty-five LON6 ISLAND~GA.~LIF~OWER ASSOCIATION, a domestic corporation with its principal place of business at 139 b~arcy Avenue, Riverhead, New York 11901 party of the first part, and BCC RESTAURANT coRP., a New York corporation with its principal place of business at 817 Main Street, Greenport, New York 11944 party of the second part, wrrNF_.,$SIL'rH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings mid improvements thereon ~rected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Horton's Lane where the same is intersected by the northwest comer of land now or formerly Batuyios an4 the southwest corner of the premises about to be described herein, said point being distant 77.96 feet northerly as measured along the easterly side of Hortons Lane from the northerly end of a curve connecting the northerly side of Middle Road (C.R. 48) with the easterly side of Hortons Lane; running thence from said point or place of beginning along the easterly side of Hortons Lane, North 8' 57' 10" West 50.66 feet to land now or formerly Conway Bros.; running thence along said land North 71° 48' 10" East 1024.06 feet to land now or formerly Dart; running thence along said land the follow~.'ng two (2) courses and distances: 1) South 10° 21' 50" East 50.47 feet; 2) South 9' 37' 50" East 42.56 feet to the northerly side of Middle Road (C.R. 48); running thence along.the northerly side of Middle Road South 67* 06' 40" West 625.07 feet to land now or formerly Batuyios first above mentioned; running thence along said laud now or formerly Batuyios the following two (2) courses and distances: 1) North 22* 53' 20" West 93.54 feet; 2) South 71° 48' 10" West 388.36 feet to the point or place of BEGINNING. THE REAL PROPERTY Described herein does not constitute all or substantially all the assets of Long Island Cauliflower Association. ' ' ~: : BEING AND INTENDED TO BE premises described in deed to party of the first part in deed dated August 1, 1939, recorded August 4, 1939 in Liber 2055, cp 139 AND in deed dated July 99, 1939, recorded August 4, 1939 in Liber 2055, cp 137 AND in deed dated December 23, 1949, recorded December 27, 1949 in Liber 3030, cp 344 in the Suffolk County Clerk's Office. TOGETfIER with all right, title and iuterest, if any, of the party of tile first part is and to auy streets and roads abutting the above described premises to the center lines thereof; TOGETHER. with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD.the premises herein granted unto the party of the second part, the belrs or successors and assigns of the party of the second part forever. : . AND the party of the first part covenants that the party of'~hc first'pa~ l;a~ no~ done or suffered anytbing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance, with S. ection 13 of the Lien Law, covenants that the party the first part will receive the consideration for this conveyance and will hokl the right to receive such consld- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using aoy part of the total of the s~une for any other purpose. The word "furry" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNE.~ WHEREOF, the party of the first part bas duly executed this deed the day and year first above written. // ISLAND CAULIFLOWER ASSOCIATION I~ wgs~.Y,c£ ov:/' LONG . EXHIBIT "A" STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before roe personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF MW YORK. COUNTY OF Suffolk ss: personally came ~:~z./-~-~ /'/ ,~.. to me known, who, being by me duly sworn, did depose and saz th? he resides at No./~ ~ ,~,~.e4.r_.~ · _~_. / ~-~ d ; of Long Island Cauliflower Association , the corporation ,described in and which executed the foregoing instrument;'l'hat he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that hc signed his name thereto by like order. Notary Public MARIE HANSEN DOYLE NOTARY PUBLIC, Stste nf New Yore No, 4812331, Suffolk Count~ v 'ferm Expires M~rch ~rg~in anb ~ale WlIII COVENANT AfiAINSI' GRAN'IOR'S ACIS TITL~ ~ONG [S[~D CA~[~O~ER ASSOC~T[ON STATE OF NEW yORK, COUNTY OS ssi On the day of 19 , before me ~ersonally came to me known to be the indivldnal described in 'and who executed the foregoing instrument, and acknowledged that executed the same. FEB 1 3 1985 TRANSFFR SUFFOLK L COUNTY .,~ STATE OF NEW YORK~ COUNTY OF On the day of . 19 , before me personally came the subscribing witness to the foregoinl~ instrument, with whom I am personally acquainted, who, being' by me duly sworn, did depose and say that he resides at No. ; that he knows ' ' ' . to be the individual described in and who executed the foregoing instrument; that he, said subscribing wimess, was present and saw : · execute the same; and that he, said wimess, at the same time subscribed h name as witness thereto. SECTION 063 · O0 StOCX 01.00 LOT 018.002 COUNTY OR TOWN Suffolk/Southold TAX BILLING ADDRESS TO BCC RESTAURANT CORP., Recorded Al Requesl of The Tille Guarantee Company RETURN ]~Y IV[AlT TO: TITLE GUARANTEE' · NEWYORK A TICOR Ti'l LE INSURANCE COMPANY EXHIBIT "B-l" Southold. N.Y. 11971 (516) 765-1938 August 6, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, Ny 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: Enclosed is a survey for the above mentioned approved proposal which has been endorsed by the Chairman. · ~ If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ BENNETT ORLOWSKI, JR., CHAIR~LAN SOUTHOLD TOWN PLANNING BOARD By Melissa Spiro el'lC EXHIBIT "B-2" Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 T£L£PHON£ ($16) 76S-1938 pLANNING BOARD OFFICE TOWN OF SOUTHOLD February 6, 1989 Vincent Claps' Alfred Ciletti P.O. Box 312 Southold, NY 11971 R~: Ciletti & Claps SCTM §1000-63-1-17,18 Dear Mr. Ciletti & Claps: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board approve the"As Is" site plan with the following condition: Phase I curbing and drainage is to be brought to proper standards upon any future development of the site. If you have any questions, please do not hesitate to contact this office. cc: Assessor's Building Department enc. jt EXHIBIT _ 7 %, "-5"'C.. ~ '~-~' ...... , ... ..;/", BENNETT ORLOWSKI, JR. CHAIRMAN ;'C-2" I, the undersigned, an attorney admitted to practica in the courts of New York State, [] CertiScati011 certify that the within SyAnoraey has been compared by me with the original and found to be a true and complete copy. ~ A~rtamtia. the attorney(s) of record for ~ in the within action; I bare read the foregoing ~ . and know the contents thereof; the same is true to my own knowledge, except as to the mattsrs therein stated to be alleged on information and belief, and as to those matters I believe it to be true. Tbe reason this verification is ~nade by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statements are true, under the penalties of perjury. Dated: STATE OF NEW YORK, COUNTY OF SUFFOLK ~.: I, VINCENT M. CLAPS being sworn, say: 1 am _- xxxxxxxxx xxxx xxxxxx xxxx xxx~mxtvtmmmttmx~0vl~,xtsxkmm~rk z~ ~xaa~i~xmxmca~x~.d~X~Xail:SW..axa xx [~ C~rpoeat, the ~~ of BCC RESTAU~T C0~. a domestic New York corporation and a party in ~e within action; I llave read ~e foregoing Notice of Petition and Petiti~nd ~ow the contents thereof; and tbe same is true to my own ~owledge, except as to the roarers therein siated to be alleg~ upon information and belief, and as to tho~ matters I believe it to be true. This verification is made by me ~ause ~e above party is a corporation and I am an officer thereof. S,o,, to d.//// .................. z ................................... /' ~tary Pu~liq~ ~.,, I ~ fi' .' ~,,li~i:~ i: ..:'w ~:~ .,~ ~m~ sworn, say; I am not a pa~y to the actmn, am o~cr 18 years of age and~c~d~ at ~1 ~°mm!~*pa L.,,-, ~ ~ · On - ' ~9 I ~ved.~ith~w tn by depositing a true copy thereof enclosed in a post- mid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at tile last known address ~t forth after each name: by delivering a true copy thereof personally to each person named below at the addre.*s indicated. I lasew each person served to be tile person mentioned and described in said papers as a party therein: Sworn to before me on 19 COUNTY OF SUF,~LK In the Matter of the Application of BCC RESTAURANT CORP. for a Judgement Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, - against - THE TOWN OF SOUTHOLD.PLANNING BOARD, and BENNETT ORLOWSKI, JR., Chairman WILLIAM MULLEN, RICHARD LATHA~,, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board, Respondents. J. I~Ii]VIN M~LAUGItLIN ~4ttorneyfor Petitioner Office and Post Office .4ddress, Telephone To Service of a copy o[ the within is hereby admitted. Dated, Attorney(s) for Sir:--Please take notice r"l that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on that an order of which thc within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, To Attorney(s} for J. KI,~VIN MoI.~AUGilIAN Atto?neyfor Petitioner O/fi~ and Post OJ)Tce Address VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765~1802 FAX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD February 6, 1989 TO: FROM: SUBJECT: PLANNING BOARD VICTOR LESSARD, PRINCIPAL BUILDING INSPECTOR SITE PLkN CERTIFICATION FOR CILETTI & CLAPS Reviewing the original Site Plan and Certification for Ciletti & Clapps and the as built site plan, I find the only change to be, the additional handicap parking. The Building Department required that be installed for Building #2 of Section One. This has not compromised the certification and it is still in effect. VL:gar Southold, N.Y. 11971 '(616) 765-1938 May 19, 1988 Robert Brown Fairweather-Brown 308 Main Street Greenport, NY 11944 RE: B.C.C. Restaurant Corp. SCTM #1000-63-1-17 & 18 Dear Mr. B~own: The Planning Board did an inspection of the above mentioned site plan and had the following comments. The temporary drainage barrier is not a good solution as it is too high and has the potential to conflict with car bumpers. Future development will require proper curbing and redesign of the existing temparary solution. If you have any questions, please do not hesitate to cQn~act this office. jt Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN ~ VINCENT M. CLAPS, D.D.S. ALF~£D M, Cm£TTh J'~., D.D,S, 44655 COUNTY ROAD 48 SOUTHOLD, N.Y. 11971 P.O. Box ~'outhold ~own !'lannins ~oard !~ou+hold ~"ov~ Hall ~ain Road ~outhold, Y.Y. 11971 Apri. 1 28, 1982 To the ?embers of the ou! hold "~ovrn ~ lann[n. ,~ ara, ~s ncr our site plan for the dental office on Route ~8 in ~lou%ho]d }lease be adv~_sed of the followin?: ~he entire nerimeter of the par'--~ng area will be outlined wilh 6~6 n~!a~ railroad ties. In those areas where the earth has l}een ~ermed to deflect the water runoff from the conv~ay property (is- ±he nor+hem and eastern boundaries) the railroa5 ties will be s-~ac~{e~ two or three course h~.,~h and anchored with seeel re- [n?orc~n? rods to prevent displaceme]nt. This 5. s a necessary steN ~h~ch must be taVen before the second layer of asphalt and ~'~r~p!n~'~ can be appl~e¢~. '~his wor'~ should be complete{~ on or before l',iay l~'-th. ~'e apologize for !~he omission on the most recently submitted sight oversight on the pare of our elan; thfs was an unintent~al ~rchi tec%. :~ incerely, Vincent !'. Clap,?, D.D.:?. Alfred 7 ilet,J , ,Tr.,D.D.~:. Southold, N,Y. 11971 (516) 765-1938 April 13, 1988 Robert Brown Fairweather-Brown 308 Main Street Greenport, NY 11944 RE: B.C.C. Restaurant Corp. SCTM #1000-63-1-17 and 18 Dear Mr. Brown: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board send this site plan to the Building Department for certification. Before the Planning Board can proceed with the final approval, for this site plan, revised maps must be submitted showing the following: A Temporary drainage barrier off the easterly side of the parking lot. This barrier is a temporary solution and any future development will require permanent curbing for the entire site. If you have any questions, please do not hesitate to contact this office. jt ~ Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN ~ Southold, N.Y. 11971 (516) 765-1938 March 3, 1988 Robert Brown Fairweather-Brown Box 521 308 Main Street Greenport, NY 11944 RE: B.C.C. Restaurant Corp. site plan SCTM 9 1000-63-1-17 and 18 Your file 9 8607 Dear Mr. Brown: The Planning Board reviewed the Phase I plans which you submitted on February 5, 1988. The following additions to the plans are requested: In order that the Phase I site plan be complete, it should include the landscaping details, and a key or note section showing the building area, the number of parking spaces, the zoning, the tax map number; in short, all the elements of the site plan. The reason the Phase I plan must be so detailed is the fact that the original approved site plan showed a different Phase I configuration. In amending this original phase I plan, an amended Phase II plan will also need to be approved before construction is begun on that section. If you have any questions, do not hesitate to contact this office. Sincerely, Valerie Town Planner cc: Drs. Ciletti and clapps Bennett Orlowski, Chairman MICHAEL A. LoGRANDE SUFFOLK COUNTY EXECUTIVE COMMISSIONER Date December 1, 1987 -.-- . TOWN OF ~O~JT~OLD Fairweather~& Brown, Architects Box 521 Greenport, New York 11944 Dear Sir: RE: Permit No. 48-34 County Road 48 ~iX) County T~easurer has been authorized to refund your security in the amount of $10,000.00 ( ) Bond No. to cover work on this Permit is herewith released & returned to the Bonding Company. This is to advise you that work under the above captioned Permit has been inspected and found to be completed in a satisfactory manner to this Department. Very truly yours, C. ROGER MEEKER CHIEF ENGINEER CRM/M~C/j fc CC: Bond Company Building Department M. Paul Campagnola I Junior Civil Engineer -. Town of Southold ~ YAPHANK. N.y. t ~9BO VINCENT M. CLAPS, D.D.S. ALFRED iVY. CILETTI, JR., D.D.S. !lsnm~.n~ ~oard ~outhotd ~own Hall ~fa[n Road eouthold, N.Y. 11971 44655 COUNTY ROAD 48 P,O. BOX 512 SOUTHOLD, N.Y..971 TELEPHONE 765-I262 December 10, 1987 ~o ~embers of the ~ou±hold mo~ Plannine noard; Enclosed please find the revised copies of our original site olan. Flease note the chan~e in position of our dental office; we reversed the ~haseI bu~ldines to satisfy our financial situation. (Our lendin~ bank would not approve a mortgagee for a remtal un~t). ~he Pu~ldin~ Department approved th~_s chan~e at the time of construction. Please note that we h~ve all ~oo~ intentions of completin~ ~he s~te plan with t~e followim~: A) Our contractor' ~or asphalt and stripin~ is East End Asphalt. ~'e k~ere advised by them to place the finish cost of ~spha]t ~_n the ~orin~. a) Our ~n+er[or carpen+er is .~oim~ to complete the exterior walkways for ~he present building. e) ~ev~n Wnobloc~ and ~eor~e Iind are contracted to do landscapin~ which should bee~n this week weather pe~itt[ns. Please reconsider your letter to the Nu~dlin~ Department. Our ban~ will not close with us if they feel the temporary C.O. ~nvolves more than ~ust the above ~tems, which are ~n ou~ best ~+~eres~s as ~ ~u~iness to complete. Alfred ~. Jr. E.D. DATE FILE COPY ~0: RE: ._FILE ~ove~b~ 5, IqS~ TO: ~FILE FROM: Valerie Scopaz, Town Planner Southold, N.Y. 11971 (516) 765-1938 Raymond Jacobs Highway Superintendent Peconic Lane Peconic, NY 11958 Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of MATERIAL SUBMITTED: File # Suffolk County Tax Map No. Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other ~ ~ ~ Comments: ~ Very truly yours, BESNETT ORLOWS~KI, .JR. ~CMAIRMAN SOUTHOLD TOWN PLANNING BOARD RECEIVED BY Permit No ..... ~,.~3~.. _ .~00 0,~ PERMIT UNDER SECTION 136 of ARTICLED~ of HIGHWAY LAW Whereas, Section 136 of Article VI of the Highway Law provides: Permits for work within the county road right of way Except in connection with the construction, reconstruction, maintenance or improvement of a county road or operations of a corporation pursuant to the provisions of section twenty-seven of the transportation corporations law or sections twenty-one, eighty-nine, ninety-one, ninely-th rea, ninety three a and ninety-three-b Ol the railroad law, no person, firm, corporation or municipality shall construct o¢ improve, within the county road right of way an entrance or con nection to such road, or construct within the county road rig h~ of way a ny work s, structure or obstruction, or a ny overhead or u nderg round crossing thereof, or lay or maintain therein underground wires o r conduits or drainage, sewer or water pipes exce pt in accordance with the terms and conditions of a work permit issued by the county superintendent or his duly designated agent, notwithstanding any consen~ or franchise granted by any town superintendent, or by any other municipal authority Any municipal corporation may enter upon any country road for the purpose of widening the pavement o r for any other purpose authofized by (his section, but only after sec uring a permit as provided herein Notwithstanding the limitations in any general or special law, every municipal corporation shall have and is hereby given authority to deposit with thecounty superintendent such sum of money or a security bond as may be required as a condition precedent to the granting of the permit provided in this section The ceunty supeb ntendent shall establish rog ulations governing the issuance of highway work permits, including the fees to be charged therefor a system o dopes s o money or bonds guaranteeing the perlormance Of the work and requirements of insurance to protect the interests of the county during perlormance of the work pursuant to a highway work permit With respect to driveway entrance permits, the regulations shall take into consideration the prospective character of the development, the traffic which will be gene ra~ed by the facility within the reasonably foreseeable future, the design and frequency Of access to the facility, the effect of the facility upon drainage as related to existing drainage systems, the extent to which such facility may impair the safety and traffic carrying capacity of the existing county road and any proposed improvement thereto within the reasonably foreseeable future, and any standards governing access, nonaccess or limited access which have been established by the county superintendent. Upon completion of the work within the county road right of way, aut~lorized by the work permit, the person, firm corporation, municipality, and his or its successors in interest, shall be responsible for the maintanance and repair of sucb work or portion of such work as set forth within the terms and conditions of the work permit An advertising sig n, display or device, or any pa rt the rani, erected in violatio n of this section shall be rem dyed from ~he county road right of way by the owner or the party responsible for its erection The county superintendent shall make a demand by mail, to the last known address of the owner, apparent owner or party responsible lot the erection of such advertising sign, display or device, for its removal and, if it is not removed within two nty (20) days fro m the date of the mailing Of such dom a nd, ~he county s u perintenden may remove a n y such advertising sig n, display or device, or any part thereof, from the county road rig ht of way The term "County road rig ht of way" shall, for the purposes of this section, mean the entire width between the boundary line of all property which has been purchased or appropriated by the county for county road purposes, a~l property over which ~he coun[y superintendent or his predecessors has assu mod jurisdiction for county road purposed, all properly over which the county superintendent has assu mod jurisdiction d urins the p~ dod of construction, reconstruction or improvement and all property which has become part of the county road system through dedication or use Any person, firm or corporation violating this section shall be liable to a fine of not ~ess than twenty-five dollars nor more fha n one thousand dollars for each da y of violation to be recovered by the county s u perintendent a nd paid in to the county treasury to the credit of the county road fund created under this article for the construction, reconstruction and maintenance of county roads on the county road system in accordance with the provisions of this article, and may also be removed therefrom as a trespasser by the county superintendent upon petition to the county court of ~he county or to the supreme court of the state. WHEREAS, acertain highway known as the ~l.<~4],e ~.o1.{[ (].R. No. has been improved and is on the Suffolk County Road System and WHEREAS,~ ~'~'1 (~>~', I'~ '"~' I ~1'~ -requests permission to 03 rn I~ as per sketch or map attacneo, ~ ~,~l~s CeA, ~s ~OlI~N~/,---~ "-~'-~'-'~ "~,, permission is hereby granted to said ,'- -- -: ~~.~:--;: ~!~.~ to do said work upon the following conditions: ; :1 CONDITIONS AND RESTRICTIONS 1. When concrete is removed, cut concrete with concrete saw two feet outside the limits of the proposed excavation and for the full panel width. When the cut is made in pavement within 10 feet of the panel joint, the pavement shall be removed for full panel width from the cut on the far side of the excavation to the panel joinL 2. Backfill and thoroughly compact fill using POWER TAMPER, placing soils so that various types of soil are in same relative position as before excavating. Grade to original surface. 3. Replace pavement, sidewalk or suHace same as existing; if concrete, replace using 1:1 3/4:3 1/2 mix stone mix concrete; if bituminous material, replace using same type as removed. 4. If concrete curb is removed, replace with similar curb 1:1 3/4:3 1/2 mix. 5. Edge of Jacking Pits or any other excavation shall be not less than 5 feet from Edge of Pavement. NO undercutting allowed in Pit. 6. Notify the Department at Yaphank 924-3451 when the work is to begin so that an inspection can be made of the operation. This permit shall not be assigned or transferred without the written consent of the Commissioner of Public Works. The work authorized by this permit shall be performed under the supervision and to the satisfaction of the Commissioner of Public Works or his representative. Particular attention is called to the necessity of thoroughly compacting the back fill, which will be required by the Commissioner of Public Works. The Commissioner of Public Works shall be given one week's notice by said applicant of the date when it intends to begin the work authorized by this permit, and prompt notice of its completion. The said applicant hereby agrees to hold the State, County and Town harmless on account of damages of any kind which may arise during the progress of the work authorized by this permit or by reason thereof. Applicant certifies all persons concerned with actual work under this permit are duly covered by Workmen's Compensation Insurance and the State, County and Town shall be held harmless on account thereof. The Commissioner of Public Works reserves the right to at any time revoke or annul this permit should the said applicant fail to comply with the terms and conditions upon which it is granted, The appEcant agrees to pay all necessary expenses incident to supervision and inspection by reason of the granting of such permit as certified by the Commissioner of Public Works, such payment to be made within ten days from the rendering of the certified account. Work under this permit to be commenced within thirty days from the date of permit and continued in an expeditious manner. The applicant shall submit a detailed plan of structure to be built, with a description of proposed method of construction. It is understood that should future changes in the alignment or grade of the highway require changes in the work covered by this application and permit, the applicant shall on reasonable notice from the Commissioner of Public Works make such necessary changes at his own expense within the time so specified in notice. Traffic shall be maintained by the applicant on this section of the highway while the work is in progress and until its fina~ completion. Certified Check in the sum of $ .~,~s ~',~ ........................ payable to the County Treasurer of Suffolk County is A on file as security that the highway will be restored to its original condition where disturbed at the expense of the applicant, as soon as deposited the we rk has been completed, a nd the said Co mm issioner of Pu blic Works is he reby authorized to expend all o r as much of such deposit as may be necessary for that purpose, should the said applicant neglect or refuse to perform the work. ....----'-h.~;onsi~ation o~'granting this permit theundersigne~L{ccepts it subject to conditions described. ' f / J? I * Applicant " Works, Suffolk County TO AVOID SERIOUS DAMAGE TO VITAL UNDERGROUND FACILITIES, PLEASE CALL LONG ISLAND LIGHTING COMPANY AT JUNIPER 2-9000 OR FOR TELEPHONE FACILITIES CALL NY. TEL. CO. FLORAL PARK 2-OFFICIAL 25 BEFORE STARTING THE WORK AUTHORIZED BY THIS PERMIT. Form P-136 42-107:1/83  D T LD Y $outhold, N.Y. 11971 (516) 765-1938 August 6, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, Ny 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: Enclosed is a survey for the above mentioned approved proposal which has been endorsed by the Chairman. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Melissa Spiro enc. Fairweather · Brown Architects · Desi~ners Box Z Shelter Island Heights, New Yod~ 11965 (516) 749-1069 (516) 477-9752 1986 June 30, 1986 Planning Board Town of Southold Town Hall Main Road, Southold, N.Y. 11971 Bennett Orlowski, Jr., Chairman Members of the Board: Delivered herewith, please find three (3) copiesof the site plan for the~ aDove referenced Project, revised 6/18/86 as per comments by the Suffolk County Department of Public Works. Please advise us as to date and time of your review of these revisions. Thank you ~or your attention. Sincerely, Fal rweather-Brown/Architect e ccs Drs. Clletti & Claps T ~t~, LD Southold, N.Y. 11971 (516) 765-1938 May 20, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, NY 11963 Re: BCC Restaurant Corp. survey Site Plan for Drs. Ciletti and Claps Dear Mr. Brown: The following action was taken by the Southold Town Planning Board, Monday, May 19, 1986. RESOLVED that the Southold Town Planning Borad approve the site plan for Drso Ciletti and Claps for the construction of offices located at Southold, survey dated as amended May 5, 1986 for BCC Restaurant Corp., subject to : 1. Curb cut approval from the County of Suffolk When you have received a county permit, would you please forward a copy to our office. Upon receipt, the Chairman will endorse the surveys. Please contact this office if you have any questions. V,~y truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD ' By Diane M. Schultze, Secretary cc: Building Department T£L. 765-1802 TOWN OF $OUT1FI'OLD OFFICE OF BUiLDiNG INSP£CTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 May 7, 1986 Planning Board Town of Southold Main Road Southold, N.Y. Subject: Ciletti and Claps site plan dated R-2 5/5/86 Gentlemen: The subject premises is zoned B-1 General Business and the proposed use is a permitted use under Art. VII Sec. 100-70 A. (d). This will certify this site plan in meeting zoning regulations. The site plan dated R-1 4/25/86 that you transmitted for certification on April 16, 1986 did not show screening of parking spaces on north- erly side of lot. We contacted applicant to make correction as shown on site plan dated R-2 5/6/86. EH:hdv Yours truly, ~ Edward Hindermann Building Inspector Fairweather · Brown Architects · Designers Box Z Shelter Island Heights, New Yonk 11965 (516) 749-1069 (516) 477-9752 April 28, 1986 Planning Board Town of Southold Town Hall Main Road, Southold, N.Y. 11971 Bennett Orlowski, Jr., Chalrman Re: Site Plan for Drs. Cilettl and Claps Members of the Boardt Delivered herewith, please find three (3) copies of the site plan for the above referenced project, revised 4/25/86 as per recommendations of the Southold Town Planning Board at the meeting of Monday, April 14, 1986, for referral to the Building Department for certification. Please advise us as to what future action shall be required. Thank you for your attention. Sincerely, Fai rweather- Brown/Arc hi te ct s cc: Drs. Clletti and Claps TO~ OE~ SQ~O~LD Southold, N.Y. 11971 (616) 765-1938 April 16, 1986 Mr. Robert Brown Fairweather-Brown/Architects P.O. Box Z Shelter Island Heights, NY 11965 Re: Site Plan for Ciletti and Claps Dear Mr. Brown: The following action was taken by the Southold Town Planning Board, Monday, April 14, 1986. RESOLVED that the Southold Town Planning Board refer the site plan for Dr. clitti and Dr. Claps for construction of offices at County Route 48, Southold to the Building Department for certification. Survey for BCC Restaurant Corp., dated April 4, 1986. Would you please forward three (3) surveys indicating asphalt paving in the parking area for our referral to the Building Department. If you have any questions, please don't hesitate to contact our office. Very truly yours, cc: BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Fairweather · Brown Archit~cto · Designers BoxZ Shelter Island Heights, New York 1196S (S 16) 749-1069 9~ (516) 477-9752 April 7, 1986 Southold Town Planning Board Bennett Orlowski Jr., Chairman Town Hall Southold, N.Y. li971 Members of the Board: On behalf of our clients, Drs. Ciletti and Claps, 44365 County Road ~8, P.O. Box 312, Southold, N.Y., 11971, we are submitting, attached, six(6) copies of the preliminary Site Plan for their property on County Road 48, Southold, tax map # 1000-63-1-17 & 18, for Preliminary Site Plan Approval. Please advise us as to hearing dates to discuss this application, and any other information you might need. Thank you for your attention to this matter. Sincerely, Robert Brown, R.A. Fairweather-Brown/Archi tect s A. BARTON CASS, COUNTY OF SU~ ~ PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE Date L}EO I 3 1985 ,,i, E;LDG, DEPT. SCUT. ROBERT E. WEBBER, P.E. December 11, 1985 RE: n/s/o Middle Road, C.R. 48, e/o Horton's Lane Drs. Vincent M. Claps & Alfred M. Ciletti 367' Dear Sirs: A permit under Section 136, Article VI of the Highway Law will be required for access to County Road 48 FOUR REVISED PLANS are required for the processing of this permit. Please submit the four plot plans, showing the location of your driveway and road curb, if any, to the above address as soon as possible. No work is to be done on the County right-of-way until this permit has been secured. Please indicate the name of the permittee and bond applicant. Very truly yours, C. ROGER MEEKER CHIEF ENGINEER CRM/MI~C/j fc Enc. By: M~ Paul Campagnola ~-~ Junior Civil Engineer TOWN OF' - OUTHOLD OFFIOE OF BUILDING INSPEOTOR TOWN OLERK'B OFFIOE 5OUTHOLD, N, Y, DE'p/' n-- ,~ ........................................................ * :'~ HTy Mr. Commissioner of Public Works Suffolk County Yaphank Ave., Yaphank, N. Y. Dear Sir: In accordance with Section 239K of the General Municipal Law of the consolidated Lows of the State of New York, this is to notify the Commis- sioner of Public Works of the County of Suffolk that ...... .~.. ........................... has applied to the Town of Southold for a permit to construct a building on ...... as shown on the attached plot plan, submitted in triplicate, dated ....~.~..?.~ ............................................ and titled .................. ~..~?..;....c...~..~...~...~.....~..?.~.¥ We shall withhold further action on this application for ten days or as otherwise provided in the aforementioned Section 239K. 12/ll/85-APPROVED-to the Town of Southold pursuant to Section 239K of the General Municipal Law subject to the stated conditions: As per revisions & comments in red, A Permit is required pursuant to Section 136 of the Highway Law. Very truly yours, Building Inspector Town of Southold, N. Y. SUFFOLK CTY. DEPT. OF PUBLIC WORKS A. BARTON CASS, COMMISSIONER By: C. ROaR MEEKER CHIEF ENGINEER ? P¸ D T~LD Sw~ y Southold, N.Y. 11971 (516) 765'1938 January 3, 1986 Drs. Ciletti and Claps 44365 County Road 48 P.O. Box 312 Southold, NY 11971 Re: Site Plan for Offices at North Road Dear Drs. Ciletti and Claps: Enclosed for your review, is a copy of the permit a curb cut from the County. If you have any questions, please don't hesitate our office. enc. for to contact Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-i801 October 10, 1985 To: Southold Town Planning Board Southold Town Zoning Board of Appeals Southold Town Building Department From: Judith T. Terry, Town Clerk Re: Request for Waiver, Local Law No. 14 - 1985 Please submit all pertinent data in your files pertaining to the waiver request of Drs. Citelli and Claps. (As in the request re: Gatz and Cornell, I am addressing this request to the three above departments to ensure that you are all covered, regardless of which Board or Department the applicant refers to. If you do not have a file on the applicant, a brief response is all that is necessary. Thank you.)~/~~ VINCENT M. CLAPS, D.D.S. WINDS WAY PROFESSIONAL CENTER 44365 COUNTY ROAD 48 Sou'moLD, N.Y. ~97z ALFRED M. ClLETTI, JR., D.D.S. Southold Town Board Main Rd. Southold, N.Y. 11971 October 10, 1985 To ~.11 M..embers Southold Town Board, The purpose of this letter is to petition the Board for a waiver on the moratorium concerning the proposed construction of a dental office on Route 48 in Southold (Tax Map Number 1000~63-1-17 and 1000-63-1-18). As we were informed on our previous meeting with the Southold Town Planning Board, our construction conforms to the new master plan as outlined. We plan to construct a dental office for our own immediate occupancy, in conjuction with 1,000 square feet of professional rental space. We ask the Board to look upon this petition favorably and to act with all possible speed on our endeavor. Sincerely, Alfred M. Ciletti, JT', D.D.S. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 October 25, 1985 To: From: Re: Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Judith T. Terry, Town Clerk Waivers granted by Town Board on October 22, 1985 Attached hereto are the following waivers of the provisions of Local Law No. 14 - 1985 which were granted by the Southold Town Board at their October 22, 1985 regular meeting: Ruth Enterprises Walter and Marilyn Gatz Joseph Lizewski 12j~127 Main Street Corp. [Aqfred M. Citelli, Jr., DDS & Vincent M. Claps, DDS Robert A. Celic Also attached is the resolution denying a waiver to "280 North Road", and a letter to Dynasty Packing Inc. relative to the Board's inaction on their waiver request. Attachments JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 $outhold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Joseph Clifford Cornell, on behalf of Ruth Enterprises, h~s requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Planning Board and the Building Inspector, and WHEREAS, Joseph Clifford Cornell appeared before this Board and explained the. nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to construct a new build- ing to house three business offices, and WHEREAS, this Board deems such use consistent with the uses in a Limited Business District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Planning Board for a site plan and the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. udith T. Terry~ Southold Town Clerk JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of Waiter and Marilyn Gatz,has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold Town Planning Board and Southold Town Building Inspector, and ~ ~. WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to construct a restaurant and business offices, and WHEREAS, this Board deems such use consistent with the uses in a Limited Business District as proposed by Raymond, Parish, Pine $ Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting only that which is allowed in the Limited Business District on said premises as set forth in his application presently pending before the Southold Town Planning Board for site plan approval and Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of Joseph Lizewski, has r~q~Jested that this Board waive the provisions of Local Law No. 14 -1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and ~-~ WHEREAS, this Board funds that the applicant proposes to construction a racquet- ball facility, and WHEREAS, this Board deems such use consistent with the uses in the R-40 District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law No. 14 - !985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Southold Town Clerk JUDITH T. TERRY TOWN CLERK RE61$TRAR OF ¥1?Al~ STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of 125-127 Main Street Corp., has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the na,tu, re of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to constructing a warehouse building with an office, and WHEREAS, this Board deems such use consistent with the uses in a Light Industrial District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicasnt be and he hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisidiction thereof. Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Alfred M. Citelli, Jr., D.D.S. and Vincent M. Claps, D.D.S. have requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planniog~ Board for~ Site plan approval, and WHEREAS, this Board finds that the applicant proposes to construct professional office buildings, and WHEREAS, this Board deems such use conssitent with the uses in a Light Business District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicants be and they hereby are granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in their application presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Southold Town Clerk JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Robert A. Celic has requested that this Board waive the provisions of Local Law No. lU, - 1985 with respect to his application pending before the Southold Town Planning Board and Southold Town Building Inspector, and WHEREAS, this Board finds that the applicant proposes to construction an extension to his real estate office building, and WHEREAS, this Board deems such use consistent with the uses in a B-1 District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law NO. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Planning Board for site plan approval and the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Southold Town Clerk JUDITH T. TERRY TOWN CLERK RgGISTRAR OF VITAl, STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, John C. Tsunis, Esq., on behalf of "280 North Road,', has requested that this Board waive the provisions of Local Law NO. 14 - 1985 with respect to his applica- tion presently pending before the Southold Town Planning Board, and WHEREAS, this Board finds that the applicant proposes to construct a retail shopping center, and WHEREAS, this Board deems such us inconsistent with the uses in the R-O District as proposed by Raymond, Parish, Pine & Weiner, lnc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is denied a waiver of the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold Town Planning Board for site plan approval. Southold Town Clerk JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 $outhold, New York 11971 TELEPHONE (516) 765-1801 October 25, 1985 Capt. John M. Dulemba, Pres. ¢ CoE.O. Dynasty Packing Inc. Box 699 Mattituck, New York 11952 Dear Mr. Dulemba: The Southold Town Board at their regular meeting held on October 22, 1985 failed to take action on your application for a waiver of the provisions of Local Law No. 14 - 1985 in light of the fact you made no application to any Town agency prior to the enactment of Local Law No. 14- 1985. Very truly yours, Judith T. Terry Southold Town Clerk Southold, N.Y. 11971 (516) 765-1938 November 20, 1985 Drs. Claps and Ciletti North Road, P.O. Box 302 Southold, NY 11971 Re: Site Plan for Offices at Southold Dear Drs. Claps and Ciletti: The Planning Board reviewed the above mentioned propoSal at the Monday, November 18, 1985 meeting. It was the consensus of the Board to request that the following information, pursuant to Section 100-134, be added to the survey: Number of offices and square footage of each- Type of plantings on the buffer zone which is required on the North property lin9 Exterior lighting Drainage / Would you please have the surveys amended and submit six to the Planning Board office. (6) If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 8ou~hold, N.Y. 11971 (516) 765-1938 September 19, 1985 Drs. Claps and Ciletti North Road, P.O. Box 302 Southold, NY 11971 Re: Site plan for offices at Southold Dear Drs. Claps and Ciletti: Please let this confirm the request of the Planning Board, Monday, September 16, 1985. The Board requests that amended surveys be submitted indicating the all the proposed buildings, asphalt parking area, and sufficient number of parking spaces. The Board requests the exact footprint of each building, with square footage of office space. Please note, this can be sectionalized to indicate the future proposed buildings. Upon receipt of the complete surveys, we will schedule this matter for a field inspection. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane Mo Schuttze, Secretary ENVIRO~NMENTAL ASSESSMENT - PART .PROJECT IITF OPJ4AT ION any aaqicianal (nfirmacian you ~elieve will be neec~d :: c:zole~e ?A~TS Z an¢ 3. (PL-'~$F. COMPL~ ~AC:4 qUSSTiO:( - [ndica~ ~(.A. i~ hOC aoaltc3~le) (;hysi~l sa~:!n; o~ o~e~11 ~j~c~, bach devetac~ ~n~ ~d~vel~aed ~reas) : .... ~. Gener~l ~qaract~r of the lane: Generally unifa~ siaae ~ ~ener~ily ,~even and ~iI(ng o~_)~gu)a~ Aparoximace ~c~a~e: P~sently A~t~r Comple:!an ?resently After Ccmoletion l~, ~ :r E... .-r.. b. '~hat i$ Ca~t.'. Co ear~n ir ftll~ 6. ?. 8, 9. 10. 11. 12, T3. Apprexi.r. ate ,~ercentac. e of proposed project site with slopes: O-lO: ~ .'.; 10-15: 5; 15~ or greater '.. Is project contiguous to, or contain a building or site Tis?ed on the Hational Register of Historic Places? Yes ~ No What is the dep~q to ~he water table? ~a~ ~'~ ~ ~ · * -. ~ hunting or fishing oppo~untties presently exist in the project area? Yes ~"~(o ~es project site contaIq ~y species of plant or animal life ~at (s identified ending..' ='~_d - ~es ~[)o, acceding to - Identify each species Are there any unique or qn~ual land fo~s on the p~ject site? ((.e. cliffs, dunes, other geological fora?ions - ~es ~No. {Oescribe .... Is ~e ~ject site presently used by the ~unit7 or neighborhood as an open space or'~c~ation .... site offer or.include ~es the presen~ scenic views or vis~s known ~ be impotent to .~e ~nityl Streams within or contiguous to p~ject aKea: a. N~e of stream and name of river to Which it is tributary .... 15. Lakes, Ponds, ~etland areas within or contiguous to project area: .......... · ........ a. Na~ I b. Size {in acres) · 15. What is the dominant lanJ use and zoning classification within · 1/4 mile radius of the project single family residential, R-2) and the scale of development (e.g. 2 story). PROJECT OESCRIPTIO~( T. Phys~ca! di.r. ensians and scale of project {fill in dimensions as app~'opriate) Total contiguous acreage ovmed by project sponsor . ~, ' ) acres ...... ' ..... '; . .*: ~'..~: P~ject acreage developed:: ~cres initially; J'~ ~acres ultimately. ' P~ject acreage to r~ain un4evelope4 ~ Length ~f project, tn miles: ~ (if app~pKia~e) Xf p~]ec~ tS an ~pansion of ~xisting, indicate percent of expansi.on proposed: build(ng*squa~ foot a~e .. . ; 4evelope~ acreage f. ~er of off-st~t parkt,g spaces existing ~*~'~*~ proposed '~ ~ ~. ~axi~ vehicular trips generated per hour (upon completion of p~ject) h. If ~s(dential: N~e~ and type of housing units: · . One'P~ily Two F~ily ~ultiPle F~ily Condo~iniu~ )nitial Ultimate t. If: Orientation Nefghborhood-¢(ty-~egiena! Co~arcial Industrial Estimated E~nployment J. Total height of t~tlest proposed structure ~ (~ feet.. - 8. g. 10. 11. 13. 14. 15. '1~. 18. · Zl. ~.. ;f single phase project: ~f multi-phesec~ project: ! How much natural material (i.e. rock, earth, etc.) will be removed from the site - tons cubic yard: How many acres of vegetation (trees, shrubs, g~un~ covers) will be removed from site - ~acres"--' Will any mature forest {over 100 years old) or other locally-Important vegetation be removed by this proJecc~ . Yes Are ~ere any plans for re-vegetation to re, lace that re~oved during construction? ,<Yes ' '~o Anticipated period of construction months, (including demolition). e. Total number of phases anticipated ~ No. "]-' b. Anticipated date of commencement phase 1 onth tr (including demolition) .. c. Approximate completion date final phas~ ~'~ .rmnth ~ ~ear. .. · d. Is phase 1 financially dependent on subsequent phases? _- Yes Will blasting occur during constriction? Yes ~No ". "'- Hu~ber of jobs generated: du~n~ construction ~; after project is complete ...' Number ef Jobs eliminated by this project Y~/O~'~' ... . ' :." Will project require relocation of any projects or facilities? . Yes ~o. Zf yes, explain.: a. Is surface or subsurface liquid waste disposal involved? Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) ,~,~.,"-",~'"~ .. c. If surface disposal name of stream into which effluent will be dis{horsed Will surface area of existing lakes, ponds, stro~s, bays or other surface wa~er~ayS be increased or decreased by proposal? . yes , . Is project or eny portion of project located in the lO0 year ~ood plain? Yes ~ ~o a. Oees project involve disposal of solid waste? yes b. If yes, will an mXisting solid waste disposal facility be used? Yes c. If yes, give name: ~ ; location . ' d, Will any wastes not ga into e sewage disposal system ar inte a sanitary landfill? .F. Yes .,,~ Will project use herbicides or pesticides? Yes ~ · ' Will project routinely produce odors· (moro than one hour per day)? · Yes ,~o Will project produce operating noise exceeding the local ambience noise levels? Yes .~No Will project ~esult in an increase in ener~yuse? . .Yes ~"~No. If yes, indicate type(s) If water supply is from wells indicate pumping c~pacity gals/minute. Total anticipated water usage ~er day__ gals/day. Zoning: a. Wha~ Is dominant'zoning classification of site? b. Current s;ecific zoning classification of site c. Is proposed use consistent with ~resent zoning? d. If no, Indicate desired zoning . TITUE: .................. 26. Approvals: a. Is any Federal per, it required? Yes . bo b. Does project involve State or Federal funding or financing? _ Yes c. Lo'al and Regional approvals: .. ' ' Approval Required Submittal Approval (ies, ~o) (Type) (Date) {Da:e) City, Town, Village Board C~ty. Town, Village Planning Board . City, Town, Zoning Board .... City. County Health Department ._ ~ Other Iooal agencies Other regional agencies . · : '. State Agencies · _ Federal Agencies I~F0~'ATIG~LAL DETAILS .. ' ' Attach any additional tnfor~Jtion,as ~Jy be' needed to clarify your ~roject. If thJre a~ or may be a~y adve~e impacts associated w~th the'p~posal, please discuss s~h impacts and the measures which can be ~ken :o ~iti~at~ or avoid the~. PR~PARER'S SIgnATURE: LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Approved Project Type: Site Plans Status: Final Approval SCTM #: 1000 - 63.-1-17 Project Name: Ciletti & Claps, Proffesional Offic Address: Hortons Lane Hamlet: Southold Applicant Name: Vincent Claps Owner Name: Vincent Claps Zone 1: B Approval Date: 2/6/1989 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information End SP Date: 2/6/1989 Zone 2: Zone 3: Location: Hortons Lane SC Filing Date: C and R's: Home Assoc: R and M A.qreement: SCANNED DEC 2 2 ,r Records Management SCAN Date: n I i RESOLVED that the Southold Town Plannlng Board approve the"As Zs" slte plan with the following conditiou: 1, Phase I curbing and drainage is to be brought to proper standards upon any future development of the site· I o lO ' , '") ,i ~,~:4,1,, I"" I .SE~/E R PROFILE RESOLVED that the Southold Town Planning Board P~ESCZND the resolution of February 6, 1989, to approve the "As Is" site plan dated December 30, 1988, with the following condition: 1. Phase Z curbing and drainage ls to be brought te proper standards upon any future development of the site· RESOLVED that the Southold Town Planning Board approve the PLAN ~, kJ ~OARD Tow~'~ OF 5OUTHOLD ,DATE -~'- -~- ....... / ~R ,/ /', [.©CA'I-T () hJ I'~"/,,r / // $£P 6 :-iCA tl, /\ ,~ / / / / 900 ~A~.. DEC 11 1985 ,? BATUYI05 ~ 2~'W ATE-12 MAIN-+-/''. ~¢AVEMP_NT-~/ I, EUiVATIONS 2,5U-FF. (..0, TAX MAP DATA; I000.¢03'1' 17~ 18 &WATER SBPPLY~ ..S~WAC,~. DISPosAL SYSTEMS TO ME-CT DATA BASED ON SURVEY BY' I;~ODF. D. ICV- \~AM TUVL MAY24 1985' SITE PLAkl C C)L) P. MIDDLe. F4. OAD C,I]D_ AO TOWN OF $OUTHOLD., N,V. SCAL. bE. 1% 50' .50' LOT 6LOCZ, SECT'NO, IO00-GB-I-I?&IB dAP PPEP~ ~o D~I Cl~ 'CAN TOYL ?,AS $ ? Z -GARB, DUMSTE~ PRIVET 01:~ YEW ~ ORTH P.~ IA$~ ,~C-~L.6- ' ~.0~= I" CO~p ;D OFP~oPG~TYAS D~F ?. AS NOTED 9, N0~E NOTED ' I IAI ~ 01',1G WAY E×l'r 0NU¥, MATL!~AL p&AN.!T'Ih,IGB- INDIGEN~©u\5 LO MSTER 4-0' I PHA, SE 'TWO 980 ~s~ ~m AR5.DU i~T~ EI;~ MIDDLE ~IA S~ '-T W 0 B CC ~C.A,L~:~ ~0'; I CODP N o ITTM DESIGNA'~ !iD 20' ~-- LEGAL ZOi',ItNC~ BO0~ 10060 C0NTOUgS 4~-~0 MS AS ~OTEb 4 NATLIP..AL. O~OW~,INDI~ DATA ~ D. P~OPOS~ ~ A5 D~AW~ 2, AS D~AWN ~ A~ MOTED 7, A~ ~OT~D ~, NONE 9 NONE 10, D~OV I D~D. II ~CC F~ STAL)~TA N T' F~Oi'qT ~"~VATI O~ CO~D.. P^s~ ~o 4 or 4. ~7. oz i -.L I I I ' - .+ ,/ BOX 521 . 308 MAIN STREET GREENPORT' NEW YORK 11944 516'477,9752 CO~, , t ~r