HomeMy WebLinkAboutRich's Auto BodyPLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JOSEPH L. TOWNSEND
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To:
Cc:
From:
Date:
Re:
Elizabeth Neville, Town Clerk
Martin Finnegan, Town Attorney
Heather Lanza, Planning Director ~ ~
August 23, 2010
Change of Zone Petition - review for application completeness
Richs Auto Body, Cutchogue
~oulhohl Town Cle~
I have reviewed the documents submitted with the Change of Zone petition noted above, and the
petition application is complete.
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
To~
From:
Re:
Martin D. Finncgan, Town Attorney
Heather Lanza, Planning Director
Elizabeth Neville, Town Clerk ~
Change of Zone Application of Rich's Quality Auto Body
Date: August 11,2010
Thc enclosed change of zone application of Rich's Quality Auto Body was received
today from applicant. I have not yet officially receipted this application. Please review it
and send mc your recommendation as to whether or not this application meets the criteria
for acceptance for filing by the Town.
Thank you.
cc: Supervisor & Town Board Members
P.O. Box 320
29950 Main Road
Cutchogue, NY 11935
Phone: 631-734-7868
Our Business Continues to Grow Due to Referrals From Our Customers
Ms. Betty Neville, Town Clerk
Town of Southold
PO Box 1179
Southold, NY 11971
Petition of RQA Properties, LLC to Southold Town Board for Change of Zone
Premises: Rich's Quality Auto, 29950 Main Road, Cutchogue, N.Y.
SCTM# 1000-102-3-1
Dear Ms. Neville,
In 1989, the Town Board rezoned this pre-existing multi-use commemial parcel from B
Business to R-40. As it has contained a gas station and later a public garage and other
commercial uses for many years, we believe the change of zone was improper and are
requesting that the property be rezoned to Hamlet Business.
Enclosed please find the following:
2.
3.
4.
5.
Four sets of the completed application form and petition.
Check for the application fee of $1000.
Map and the list of property owners within 500 feet and the site plan map
Copy of the deed containing metes and bonds description
Short Environmental Assessment Form. We believe this is in unlisted
action, but await your advice.
Notice to Adjoining Owners with the affidavit of service is enclosed.
Please notify us with the next step necessary toward obtaining this change of zone.
Sincerely,
RR:hard E. Bozsnyak Jr.
RQA Properties
RB/smh
We Sincerely Thank You For Recommending Us
ELIZABETH 3.. NEVILLE
TOWN CLERK
REGISTI~R OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631 ) 765-1800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
REQUEST FOR AMENDMENT.AND/OR CHANGE OF ZONE
APPLICATION NAME:
(Name ~er which ~pplication shall be ~o~)
SUFFOLK COUNTY TAX MAP NO.: 1000- __./__0__~.. (30 - t30__~5__ - _OO [. O__~__(~
District Block Parcel
A..SUBMISSION INFORMATION:
Application is hereby made to the Southold Town Board for amendment to Chapter 100
{Zoning) of the Town Code and/or a change in the zoning classification of the Zoning
Map in a accordance with the Section 100 -o?9oCof the Zoning Law of the Town of
Southold and Section 265, Town Law.
Further, the following are submitted herewith (check those appropriate, write N/A where
not applicable)
Four (4) sets of the completed application form and petition. Each set shall contain
one (1) complete set of cover letter forms, affidavits, project description, surveys,
plans, and EAF and any supplemental information as maybe be needed or requested.
Fee in the amount of $1,000.00 ($500.00 for AHD). Applicant is also responsible for
any fees incurred in the Environmental Review Process.
Survey map, accurately drawn to appropriate scale, showing the proposed zone
district boundary changes, properly lines, the calculated areas affected, in acres or
square feet, the Suffolk County Tax Map designations, the street rights-of-way in the
immediate vicinity and lands, land uses and names of owners immediately adjacent to
and extending within five hundred (500) feet of all boundaries of the property to be
amended.
~ 4. Metes and bounds description of the proposed amendment.
5/15/2007 1
~ 5. Appropriate Environmental Assessment Form (EAF). All Unlisted and Type I
Actions require either a Short or Full EAF to be prepared. See Chapter 157 of Town
Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the
Planning Department.
6. Other information deemed necessary for review by the Town Board, the Town
Planning Board and/or the Suffolk County Planning Commission (i.e. site plans,
subdivision maps). Please note items submitted:
B. GENERAL INFORMATION:
If the applicant does not own the property, is a contract vendee, or if the owner is
a Corporation or a Partnership, prepare endorsement at the end of this form
establishing owner's authorization of the applicant's request.
If the applicant is contract vendee, give name. If the applicant is a corporation (or
partnership), give the name and title of the responsible officer:
Name: Title:
Address:Of different).
Telephone No.:
Landowner(s): ~ (c.hacd
Address: ~'/5o t~r~fite
Telephone No.: ,~'~- g.-~.~- ~53~
Title: o~.~e r-
Name of licensed architect, landscape architect, civil engineer and/or surveyor who
prepared the plan:
Name: Title:
Name of Firm:
Address:
Telephone No.:
Name of Attomey, or Agent authorized to represent the property owner and/or applicant:
Name: ]~b;.nt ~. ~ficK~a.r-, Title:
Ad.ess: Fo ~og I~gq ~4~or~ur D~
Telephone No.: ~ ~l - zq ~ ~ 8~53 ~
All communications with regard to this application shall be addressed to the following
person until further notice:
Name: itJ arJ
Address: P.a.
Telephone No.:
C. SITE/PROJECT DATA:
1. Location of Property ~0o-41-~ IoorsJ
(north/south/east/west)
side comer of
(street)
or road)
(north/south/east/west)
of
(nearest intersecting street)
(hamlet)
2. Existing zoning district(s) f~- qO
Special Overlay District(s), if applicable
3. Requested zoning district(s)
4. Lot area:
sq. ft or acres
5. a. The latest deed(s) describing this parcel(s) is (are) recorded in the County Clerk's
Office as follows:
DATE LIBER PAGE
b. A copy of the(se) should be attached to the application.
There are no encumbrances or liens against this land other than mortgages?
p'~ YES NO
All buildings and structures are showfi on the survey? ~/~" YES NO
(The Town Board reserves the right to request a complete survey showing all existing
structures.)
Existing: BnildingArea z~ ~'O .sq. ft. Lot coverage ~
Please attach a detailed typewritten description of the project, the proposed use and
operation thereof, including a detailed explanation of the design concept, the reason for
the particular design, objective of the developer or project sponsor and how or why the
project is (or is not) in compliance with the Town Code and the Master Plan. Explain
what benefits will accrue to the community by the proposed rezoning. Document reasons
why proposed project can not be built under current zoning regulations and pursuant to
the current zoning map.
D. AGENCY COORDINATION AND SEORA (See Part 617, NYCRR and Chapter __
Town Code)
of
Does the site Front on a Town, County of State Road? (circle one)
Name and number of the road (i.e. County Road 48, State Road 25)
Is the site within any other areas of review of the Suffolk County Planning Commission?
YES ~ NO. If yes, the referral requirements of the Suffolk County
Planning Commission should be examined to assure a complete application.
Is the site in a designated critical environmental area as per the New York State
Environmental Quality Review Act (SEQRA) and Chapter __ of the Town Code?
YES ~" NO. If yes, what area?
4. Type I, Type II or Unlisted Action (circle one)
An environmental Assessment form must be completed fo~d Type
I
actions.
Has an Environmental Assessment Form or Draft Envh'oumental Impact Statement been
prepared? YES ~'- NO. If yes, copies should be submitted with the
application.
E. I hereby depose and certify that all of the above statements of information, and all
statements And information contained in the supporting documents and drawings
attached hereto are true and correct.
ICANT S b'~GNA'TLrRE
DEBORA~ H. VAI~OUZER
F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner
is a corporation or partnership)
State of New York
County of Suffolk
says that he/she resides at
in the County of
being duly sworn, deposes and
and the State of pJe.~3 to r~
and that he/she is (the owner or the officer of the corporation or partnership which is the owner
in fee (circle)) of the premises described in the foregoing application and that he/she has
authorized
to make the foregoing application for amendment and/or change of zone as described here in.
NAIViE
SIGNATURE
Sworn before i31e this
Day of ',,J.g~ , 20
NOTARY P~LIC
DEBORAH H. VANi~IZI31
If a corporation, name of corporation and
Officer's title
G. DISCLOSURE AFFIDAVIT
State of New York
County of Sul~folk
being by me duly sworn, deposes and says:
1. I am an applicant for a project or an owner of the land which is the subject of a pending
application before the Southold Town Board for amendment and/or change of zone.
·
3. Iresideat D-I%O ~r~'cl~a L~. ~tr-_~oatac Da
4. The. Officers of the applicant corporation or owner corporation are as follows:
NAME
I
TITLE
I make and complete this affidavit under the penalty of perjury and swear to the truth
herein.
I am aware that this affidavit is required by General Municipal Law 809 and that I shall
be guilty of a misdemeanor as provided by General Municipal Law 809 should I
knowingly or intentionally fail to make all disclosures herein.
During the 12 months before the filing of this application, have any of the following
individuals made campaign contributions exceeding $100 in total, in cash or in kind, to
members of the Town Board or political committees designated to accept donations
behalf:
1. Owner
2. Applicant
3. Agent for owner or applicant
4. Attorney
5. Other
Yes No
If the answer to Question 7 is yes, Town Code Chapters __
information be provided below:
and
Name Title
(Owner, Agent, Attorney, other)
require that the
Amount
For the purpose of this disclosure, an official or employee or either the Town of Southold or the
County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that
official or employee, their spouse, brothers, sisters, parents, children, grand children or the
spouse of any of them:
a. Is the applicant or owner
b. Is an officer, director, partner, or employee of the applicant or owner
c. Legally or beneficially owns or co4trols stock of a corporate applicant or owner,
or is a member of a partnership or association applicant or owner, or
d. Is a party to an agreement with the applicant or owner, express or implied,
whereby said official or employee may receive any payment or other benefit~
whether or not for services rendered, dependent or contingent upon the favorable
approval of such application.
Ownership of less than five percent of the stock of a corporation whose stock is listed on the
New York Stock or American Stock Exchanges shall not constitute an interest for the purposes
of this disclosure
******************************************************************************
YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO
Do any of the following individuals have an interest in the applicant or owner, as defined above?
YES ~ NO
1. Any official New York State YES ~"~NO
2. Any official or employee of Southold Town or Suffolk County? ._~yES ¥~NO
If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires
that you disclose the name and residence and the nature and extent of the Interest of said
individual (s) in the applicant or owner.
NAME RESIDENCE NATURE OF INTEREST
Sworn before me this/~/L.~-~-~
5/15/2007 8
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of
a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge
in one particular area may not be aware of the broader concems affecting the question of signif~:ance.
The full FAF is intended to provide a method whereby applicants and agencies can be assured that the determination process
has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full FAF is comprised of three part~:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2:
Part 3:
Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered small to moderate or whether it is a potantially-lerge impact. The
form also identifies whether an impact can be mitigated or reduced.
If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA FOR ~ USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions
DB.
.dentJfy the Portions of EAF completed for this project: C~aart I [] Part 2 [] Part 3
Upon review of the information recorded on this FAF (Parts 1 and 2 and 3 if apprepriata), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
F~A. The project will not result in any large and important impact(s) and. therefore, is one which well not have a
significant impact on the environment, therefore a negative declaration will be prepared.
AEhough the projec~ could have a significant effect on the environment, there will net be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore
a CONDITIONED negative declaration well be prepared.*
The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefere a positive declaration will be prepared.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action
Name of Lead Agency
Print or Type Name of Responsible O6qcer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in 1~ Agency Signature of Preparer (if different from responsible officer)
website ' ~ate ~ ~
Page 1 of 21
PART 1--PROJECT INFORMATION
Prepared by ProJect Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may be subject to further verification and public review. Provide any additional information you believe
will be needed to complete Parts 2 and 3.
It is expected that completion of the full FAF will be dependent on information currently available and will not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.
Name of Action
Location of Action (include Street Address, Municipality and County)
Business Telephone
Name of Owner (if different)
Address
C~/PO
Business Telephone
State Zip Code
Description of Action:
Page 2 of 21
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: [] Urban [] Industrial [~'ommercial
[] Forest [] Agriculture [] Other
]Residential (suburban)
]Rural (non-farm)
Total acreage of project area: ! acres.
APPROXIMATE ACREAGE
Meadow or Brushlaed (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24,25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate typo)
PRESENTLY AFTER COMPLETION
~) acres ~,~ acres
(~ acres O acres
~) acres d,~ acres
~.~ acres ('~ acres
0 acres 0 acres
I acres I acres
3. What is predominant soil type(s) on project site?
a. Soil drainage: [~ell drained % of site [] Moderately well drained % of site.
D Poody drained % of site
b. If any agricultural land is in__volved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land
Classification System? acres (see 1 NYCRR 370).
4. Are there bedrock outcroppings on project site? [] Yes
a. What is depth to bedrock (in feet)
5. Approximate pementage of proposed project site with slopes:
~-10% % DIO- 15% % r~ 15% or greater %
6. Is project substantiall~J~contiguous to, or contain a building, site, or district, listed on the State or National Registers of
Historic Places? U Yes [~o
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes []No
8. What is the depth of the water table? .(infeet) '~or~ -J~ J7 /
9. Is site located over a prima~J, principal, or sole source aquifer? ~s ~ No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes
Page 3 of 21
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
12.
DYes
Accordin~l to:
Identif~ each species:
I
Are thero any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations?
DYes
Describe:
13. Is the project site presently used by the communit7 or neighborhood as an open space or recreation area?
DYes [ No
i f ~/es, explain:
14. Does the present site. include scenic views known to be imper[ant to the communitT? DYes
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
I -
16. Lakes, ponds, wetland areas within or contiguous to project area:
b. Size (in acres):
Page 4 of 21
17. Is the site served by existing public utilities? [~es [] No
a. If YES, does sufficient capacity exist to allow connection? [~Yes
b. If YES, will improvements be necessa~ to allow connection?
DNo
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and
304? r"lYes [~1~o
19. is the site located in or substantial~ntiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL,
and 6 NYCRR 6177 []Yes
20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes ~
B. Project Desc~'iption
1, Physical dimensions and scale of project (fill in dimensions as appropriate),
a. Total contiguous acreage owned or controlled by project sponsor: ~ acres.
j~ Project acreage to be developed: I acres initially; I acres ultimately.
F
c. Project acreage to remain undeveloped: ~ acres.
d. Length of project, in miles: --- (if appropriate)
e. If the project is an expansion, indicate percent of expansion proposed. ~ %
[,~ Number of off-street parking spaces existing ~ 0 ; proposed ~
g. Maximum vehicular trips generated per hour: ~. (upon completion of project)?
h. If residential: Number and type of housing units:
Initially
One Family
Two Family Multiple Family Condominium
On
Ultimately
i. Dimensions (in feet) of largest.~structure: t ~ height; ~
j. Linear feet of frontage along a public thoroughfare project will occupy is? I '75
17o
2. How much natural material (i.e. rock, earth, etc.) will be removed from the site?
3. Will disturbed areas be reclaimed DYes UNO [~/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? [] Yes
c. Will upper subsoil be stockpiled for reclamation? [] Yes [~
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?
acres,
width; ~"~' Z lengthen//
- nB,. £4
tons/cubic yards.
Page 5 of 21
6. If single phase project: Anticipated period of construction:
7. If multi-phased:
b.
d.
8. Will blasting occur during construction? [] Yes ~
9. Number ofjobe generated: during construction __
Will any mature forest (over 100 years old) or other locally.important vegetation be removed by this project?
_ months, (including demolition)
Total number of phases anticipated __ (number)
Anticipated date of commencement phase 1: __ month __ year, (including demolition)
Approximate completion date of final phase: __ month __ year.
Is phase 1 functionally dependent on subsequent phases? [] Yes [~o
; after project is complete
10. Number of jobs eliminated by this project __
11. Will project require relocation of any projects or facilities? [] Yes ~
If yes, explain:
12. Is surface liquid waste disposal involved? ~ Yes E"~N'No
a. If yes. indicate tTpe of waste (sewage, indusU'ial, etc) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? [] Yes ~ Type
14. Will surface area of an existing water body increase or decrease by proposal? [] Yes [] No
If yes, explain:
15. Is project or any portion of project located in a 100 year flood plain? [] Yes ~
16. Will the pro~ect generate solid waste? [] Yes ~
a. If yes. what is the amount per month? f tons
b. If yes, will an existing solid waste facility be used? ~ Yes ~
c. If yes. give name : location
d. Will any wastes not go into a sewage disposal system or into a senitar~ landfill? [] Yes E~o
Page 6 of 21
e, if yes, explain:
17. Will the project involve the disposal of solid waste? ['"~Yes ~
a. If yes, what is the anticipated rata of disposal? __ tons/month,
b. If yes, what is the anticipated site life? __ years.
18. Will project use herbicides or pesticides? DYes [~
19. Will project routinely produce odors (more than one hour per day)? OYes ~
20. Will project produce operating noise exceeding the local ambient noise levels? ~ Yes E~o
21. Will project result in an increase in energy use? [] Yes [~NO
Ifyes, indicate type(s)
22. If water supply is from wells, indicate pumping capacity __ gallons/minute.
23. Total anUcipated water usage per day __ gallons/day.
24. Does project involve Local, State or Federal funding? n Yes [~o
If yes, explain:
Page 7 of 21
25. Ap~'ova~ Required:
City, Town, Village Board
]yes [~ No
Type
Submittal Date
City, Town, Village Planning Board
]Yes [] No
City, Town ZOning Board
City, County Health Department [] Yes [] ,o
Other Local Agencies
['~"J Yes [] No
Other Regional Agencies
[]Yes ~ No
State Agencies
~Yes ~ No
Federal Agencies ~ Yes [] No
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? ~ ~ No
If Yes, indicate decision required:
[~Zoning amendment
[]Site plan
D Zoning variance
[]Special use permit
r~ New/revision of master plan
[]Resource management plan
~ Subdivision
[]Other
2. What is the zoning classification(s) of the site?
3, What is the maximum potential development of the site if developed as permitted by the present zoning?
4. What is the p//oposed zoning of the site? "
5. What is tim maximum potential development of the site if developed as permitted ti7 the proposed zoning?
6. Is the proposed action consistent with the recommended uses Jn adopted oca and use plans? [~'"s [] No
[,,
7. What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action?
Is the proposed action compatible with adjoining/surrounding land uses with a Y~ mile?
If the proposed action is the subdivision of land, how many lots are proposed?
I
a. What is the minimum lot size proposed?
Page 9 of 21
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes ~
11. Will the ~oposed action craate a demand for any community provided services (recreation, education, police, fire protection?
a, If ~es, is existing capaci~ sufficient to handle projected demand? [] Yes ~
12. Will the pmposad action result in the generation of traffic significantly above present levels? [] Yes ~o
a. If yes, is the existing road network adequate to handle the additional traffic. EYes [] ,o
D. Informational Details
Attach any additional information as may be needed to clari~ your project. If there are or may be any adverse impacts
associated with your proposal, please *discuss such impacts and the measures which you propose to mitigate or avoid them.
E. Verification
I ce~ti~ that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Date
Signature
Title
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this
Page 10 of 21
11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection?
Gi o
a. If yes, is existing capaci~ sufr~:ient to handle projected demand? [] Yes ~
I
12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes ~
a. If yes, is the existing road network adequate to handle the additional traffic. []Yes [] No
D. Infmmafional Details
Attach any additional information as may be needed to clari~ your project. If there are or may be any adverse impacts
associated with your proposel, please 'discuss such impacts and the measures which you propose to mitigate or avoid them.
E. Verirmation
I certi~J that the information provided above is true to the best of my knowledge.
Applica nt/Spon sor N a me~'~l~v~lO r,~J
Signature
Title L/'.,,~/~_)
Date
If the action is in ~ Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this
Page 10 of 21
NAME
PROOF OF MAILING NOTICE
ADDRESS
STATE OF NEW YORK
SS
COUNTY OF SUFFOLK
'~/~23n¥C,K .Tn , residing at'~'-' Df~C [xl.r~e_ -'-''--C~+c.h~tat _
, being duly sworn, deposes and says that on the day
of ,20 , deponent mailed a true copy of the Notice set forth on the reverse side
hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that
the addresses set opposite the names of said persons are the addresses of said persons as shown on the current
assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at
~].t,t-¥eJ'~on u e~ ; that said Notices were mailed to each of the said persons by certified,
registered receipt mail.
Sworn before me this ~U___day
Si~natur~ k~
TOWN BOARD, TOWN OF SOUTHOLD
,,J~Qthe Matter of the Petition of :
ccc -
to the Town Board of the Town of Southold.:
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNERS
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the und~ersigned to petition the Town Board of the T, own of Southold to request a
O.,J u- cc 4-m . R. es,de,,,4M £-qo
2. That the property which is the subject of the Petition is located adjacent to your property and is described as
follows:
SuffolkCountyTaxMap # 1000- /0o?. r~D - 003 - ~o/- 0o0
Property Address:
3. That the prope ~ which is the subject of such Petition is located in the following zoning district:
4. That by such Petition, the undersigned will request that the above-described property be placed in the
following zone district classification:
5. That within five days from the date hereof, a written Petition requesting the relief specified above will be
filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there
examine the same during regular office hours.
6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board;
that a notice of such hearing must be published at l~ast ten days prior to the date of such hearing in the Suffolk
Times erin the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and
designated for the publication of such notices; that you or your representative have the right to appear and be
heard at such heating.
Petitioner ~ \ ~
Mailing Address: ~.0. _tC~
0 J
TOWN BOARD, TOWN OF SOUTHOLD
In the Matter of the Petition of :
to ~e To~ Bo~ of~e To~ of Sou~old.:
TO:.
/%m ,e4h 4 Se.o ;,
NOTICE
TO
ADJACENT
PROPERTY OWNERS
YoU ARE HEPd~BY GIVEN NOTICE:
1. That it is the intention of the undersigned to petitign the Town Board of the Town of Southold to request a
2. That the property which is the subject of the Petition is located adjacent to your property and is described as
follows:
SuffolkCountyTaxMap#1000- /0o? .00- o0 3- DO I- OOO
Property Address:
3. That the property, which is the subject of such Petition is located in the following zoning dislrict:.
qO
4. That by such Petition, thc undersigned will request that the above-described property be placed in the
following zone district classification:
5. That wimln five days from thc date hereof, a written Petition requesting the relief specified above will be
filed in the Southold Town Clerk's Office at Main Road, Southold, New York .and you may then and there
examine the same dining regular office hours.
6. That before the relief sought may be ~ted, a public hearing must bc held on the matter bythe Town Board;
that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk
Times or in the Long Island Traveler-Mattituck Watchman, newspapers published in thc Town of Southold and
designated for the publication of such notices; that you or your representative have the right to appear and be
heard at such hearing.
Petitioner
Mailing Address: '~ [~1( 3~
Attachment:
RQA Properties, LLC (Rich's Quality Auto)
100-102-3-1
29950 Main Road, Cutchogue, NY 11935
Request for Change of Zone: Description of Project
Application is for Change of Zone from R-40 to HB Hamlet Business
Pre-1957: Preexisting public garage/service station/gas station (ESSO station) with
accessory apartment
1957 to 1989: Zoned B General Business. Multi use continued, except apartment
changed to real estate office, gas station use (tanks) removed, public garage continued,
and auto sales added per ZBA decision
1985: RQA Properties, LLC began leasing garage/auto sales portion for auto repair/auto
body.
1989: Premises rezoned to R40 Residential. All uses continued as pre-existing and non-
conforming.
2004: RQA Properties, LLC purchased property. Insurance company required
conversion from tenant's policy to owner's policy and required installation of
environmentally correct spray booth, at cost of approximately $100,000.00, covering area
of two to three bays
2005: Application to Zoning Board of Appeals for Use Variance, who recommended
application for change of zone (informal). Building addition approved replaced bays
eliminated by spray booth not permitted in residential zone.
Proposed Use and Operation: as above.
Design Concept: The concept was to provide a spray booth to completely contain
emissions, noises and odors from car painting, in accordance with applicable
environmental standards, for the protection of the occupants and employees of the
property and the surrounding properties. In addition, outdoor work was brought indoors
and away from the Main Road. All work is inside building. New building and most
parking is inside fence and landscaping. New building is situated in rear to minimize
impact on adjoining residential properties and road visibility. Low building height
minimizes obtrusiveness.
Compliance with Town Code: Business was in compliance with Town Code until 1989,
when then Town Board imprudently rezoned to a zone incompatible with long standing
use of property. As former gas station site, premises are not suitable for a residence as
currently permitted by zoning ordinance. Premises now used for multi-use commercial
on residentially zoned parcel of property.
Compliance with Master Plan: Business is in compliance with concept of Hamlet
Density and is within proposed HALO zone for Hamlet o f Cutchogue.
Benefits to Community: Rezoning will permit construction of proposed building, which
will provide room for environmentally beneficial spray booth and removal of outdoor
work from premises, as well as reduction in used car sales spaces. Neighborhood will
benefit from site plan review which will make property more attractive and safe.
Town Code Sections 100-241 and 100-243 preclude development as planned under
current zoning.
WCB-2
Rev. 8/99
(uniform ack.]
1000
102,00
Block
03.00
THI~ INDEI~[~g, made the 25 th day of October , in the year 2004
BETWKZN
NICHOLAS ALIANO, ~idlng at 11 Sailors Court.
Miller Place, New York 11764
SEE SCREDULE "A" ANNEXED HEP. ETO
BEING THE SA~E PREMISES conveyidcto Grantor herein by Deed dated October 1, 1973
and recorded in the Office of the Clerk of Suffolk County on October 17. 1973
in Liber 7511 Cp. 411.
TOGETHER with all right, title and interest, if any, of the party o[ the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER wi~h the appurtenances
and all the estate and rights of the'party of the first part in and to ~d premises; TO HAVE AND TO
HOLD the premises herein gra~ted unto the pa~y o[ the second part, the heirs or successors and assigns of
the party o[ the second part fo~'ever.
A.ND.the.party..o! the.first par eove_nants th~ th.e party o~'t~e first l~rt h~s not done or suffered anything
x.vn~.tr~eo..y the sal~ ?[.cm~es have b. een enc.u, mbere~ m any. way whathver except ns afore, sa d.
any other purpas.e.
IN W1TNES~ WHEREOF, the party of the first part has duly executed thls~geed the day end, ear first above
* STATE OF NEW YOR~) * STATE OF NEW YO~.~
,~,.~ ) ss.:
COUNTY OF ~J ss.: COUNTY OF )
NICHOLAS ALIA~O
TO
RQA PROPERTIES LLC
First Ar~ri~aa 7'i~ l~ura~e Cor~pan~
of Nm York
I
102.00
03. O0
001.000
Valerie Ha~win, Esq.
Oreenport, New York 11944
SCHEDULE "A"
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEG]NN[NG at the corner formed by the intersection of the southerly side of Hain Road with the westerly side of
Fleets Neck Road;
THENCE along the saic~ westerly side of Fleets Neck Road South ,15 ~egrees 29 minutes 00 seconds East, 200 feet
to a monument;
THENCE South 35 degrees 1,1 minutes 50 seconds West, 202.67 feet to a monument;
THENCE North 45 degrees 29 minutes 00 seconds West, 175.00 feet to the said southerly side of Hain Road;
THENCE along the southerly side of said Hain Road following 2 courses and distances:
1) North 29 degrees 4,~ minutes 00 seconds East, 27.55 feet to a monument;
2) North 28 degrees 12 minutes 30 seconds East, 180.62 feet to a monument at the point or place of
BEGINNING.
SUFFOLK COUNTY SECTION Il BLOCK LINE
ZONING OISTRICT LINE
OWNERf
RlCtf BOZSNYAKS
ROA PROPERTIES LI-C
29950 RTE. "~5 tP.O. BOX 320]
CUTCNOGUE~ N.Y.
11935
I000-102~02-
12.2 - JOSEPH P. DUNE 29475 RT 25, CUTCHOGUE, NY 11935
12.6 - DEPOT ENTERPRISES, 29325 RT 25, CUTCHOGUE, NY 11935
13 - ,lAMES HOUSE, 29745 RT 25, CUTCHOGEE, NY 11935
14 - BAIG FARRUKH 5 FARMERS LN. HEAD OF THE HARBOR, NY 11782
15 - JAMES F. GRATHWAHL, 25325 RT 25, CUTCHOGUE, NY 11935
16 - LEWIS EDSON, PO BOX 939, CUTCHOGUE, NY 11935
17 - ALLAN P. VANtNAME, PO BOX 11, CUTCHOGUE, NY 11935
20 - MARY JO VERITY, 30485 RT 25, CUTCHOGUE, NY 11935
21.1 - CUTCHOGUE CEMETERY ASSOC.
CIO WILL1AM BEEBE, 1455 NEW SUFFOLK AVE. CUTCHOGUE NY 11935
1000-102-03-
- ROA PROPERTIES LLC, 29950 RT 25, CUTCHOGUE, NY 11935
2 - ELIZABETH MURPI[Y, 3637 COX NECK RD. MATTITUCK, NY 11952
5.1 - CAROL ANN SENDLEWSKI, 411 OSBORNE AVE. HIVERHEAD, NY 11901
6 - MR. WILLIAM GILDERSLEEVE, 165 PEQUASH AVE, CUTCHOGUE, NY 11935
7 - LUZ EDITH ROJAS, 30100 RT 25, CUTCHOGUE, NY 11935
8 - MARGARETE SCHARADIN, PO BOX 364, CUTCHOGUE, NY 11935
9 - STATE OF NEW YORK OFFICE BLDG., 250 VETS MEM. HWY, HAUPPAUGE NY, I 1708
10 - BARBARA JOAN LUTZ, 29500 RT 25, CUTCHOGUE, NY 11935
1000-102-06-
23.1 - ANN H. THOMPSON, 29330 RT 25, CDTCHOGUE, NY 11935
1000-103-01-
5 - RICHARD GIBBS, 30690 RT 25, CUTCHOGUE, NY 11935
6 - LEONARD GREEN, PO BOX 1002, MATTITUCK, NY 11952
7 - METHODIST EPISCOPAL CHURCH, PO BOX 1286 CUTCHOGUE, NY 11935
9.1 - CORCHAUG SEAFOOD lNG., 285 STILLWATER AVE., CUTCllOGUE, NY 11935
1000 103-07-
- MARGERY AUERBACH, PO BOX 208, CUTCHOGUE, NY 11935
2 - LOUIS DEMERTZIS, 310 STILLWATER AVE, CUTCHOGUE, NY 11935
3 - GEORGE BRESLER 430 STILLWATER AVE, CUTCHOGUE, NY 11935
6.1 - PETER SCHOTT, PO BOX 49, CUTCHOGUE, NY 11935
26 - ALFRED TRODIA LIVING TRUST, PO BOX 236, CUTCHOGUE, NY 11935
27.1- CHESTER A YOUSIK JR. 595 PEQUASH AVE., CUTCHOGUE, NY 11935
27.2 - KAREN KOWALSKI, 565 PINE NECK RD., SOUTHOLD, NY 11971
28 - CHRISTOPHER SHOWALTER, 445 PEQUASH AVE. CUTCHOGUE, NY 11935
29 - KENNETH E. ROBINS, 365 PEQUASH AVE., CUTC~O~GUE, NY 11935
30 - DAVH) COUGHT~IN~ PO BOX 476, CUTCHOGUIg, N~ 11935
31 - DEBORAH GILDERSLEEVE, PO BOX 460, CUTCHOGUE, NY 11935
32.1 - STEPHEN DECKER, 530 STILLWATER AVE., CUTCHOGUE, NY 11935
1000-103-11-
2 - CHARLES RAUCH, 3820 TIANA ST., SEAFORD, NY 11783
3 - AMY HILL, 870 PEQUASH AVE., CUTCHOGUE, NY 11935
4 - EVELYN WOELKER, 660 PEQUASH AVE., CUTCHOGUE, NY 11935
1.2 - WICKHAM'S FRUIT FARM, PO BOX 928, CUTCHOGUE, NY 11935
MAP FOR ZONING CHANGE
RICH'S QUALITY AUTO REPAIR
A T CUTCHOGUE
TOWN OF SOUTHOLD
SUFFOLK COUNTY, IV. Y.
1000 - 102 - 03 - 01
Scale: 1"= 100'
JUL Y 15, 2010
16311 765 - - 1797
P. O. 80X 909
IE30 TR4VELER STREET t ~ I
sOUmOLO, N,Y. 11971
SURVEY 0~' PROPERTY
AT CUTCHOGUE
TOWN OP SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-10R-05-01
SCALE:
du£ ¥ $, .2010
AREA=37,421 SO. Fr.
LIC. NO. 49618
P.C.
(6,31) 765-5020 FAX (651,) 765-1797
P.O. BOX 909
~2¢0 ~vr~ smear[ 10 162