Loading...
HomeMy WebLinkAboutRQA Properties MARTIN D. FINNEGAN ,,, ,,,, SCOTT A. RUSSELL TOWN ATTORNEY ,' ,o.4�of 8002,--- ,• Supervisor martin.finnegan@town.southold.ny.us � JENNIFER ANDALORO 0 - No y Town Hall Annex, 54375 Route 25 sr ASSISTANT TOWN ATTORNEY , T t P.O. Box 1179 jennifer.andaloro@town.southold.ny.us ` G Q ,i� Southold, New York 11971-0959 �0 �1 LORI M.HULSE i� Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY �C�(l ,N;/��� Facsimile(631) 765-6639 lori.hulse@town.southold.ny.us -•••••�'�� OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED E2r 1 4 2010 September 13, 2010 Souhc d Town C''erk Mr. Richard E. Bozsnyak, Jr. RQA Properties, LLC P.O. Box 320 29950 Main Road Cutchogue, NY 11935 RE: RQA Properties, LLC Change of Zone Application SCTM No. 1000-102-3-1 Dear Mr. Bozsnyak: The Town Board of the Town of Southold has received and reviewed the above- referenced application seeking a change in zoning from R-40 to HB. In light of the Town's current preparation of a Comprehensive Plan, the Board has agreed that they will not take any action on this application at this time. You may contact the Town Clerk to request a refund of the application fee submitted with your application. Thank you for your attention. Verb . rs, 41111111r 9 Finnegan Town Attorney MDF/Ik cc: Members of the Town Board Ms. Elizabeth A. Neville, Town Clerk Members of the Planning Board 10.029 ` - RICH'S QUALITY-AUTO'REPAIRS P O.BOX 320 P1-1.-631-734-7868 MAIN ROAD CUTCHOGUE,NY 11935 C� 50546/214 d DATE (�\'1 2')O PAY TO THE _p4\ o() flZ IORDER OF j--)c}-+`{'1 O I p. 0 J � ¢ 410k././1-0-4-v-1. a-4-41 151 T - - lel slww;Femora DOLLARS 8 9u.o 3 _\'SUFFOLK COUNTY �. 1 -NATIONAL_YANK - �I/�' - - - MAIN ROAD•CUTCHOGUE,NEW YORK 11939 WWW BC bC ``` , f 01 4I FOR 7 - Chart c , f-t 31l'Cf.,.T,cr, , '""L__ _ .``1LJ - —IVA :�G Ila 16 L00`29u' ;-':-0 2 L40546,L u: 6L -'00 B 5 2 4u' 1. ± -- ,. rur wv^-�iai,'L+1'+i-•.C,1".0,'S!��.�+ti..?'L^.:_�:'�i-��.�+-n�-z+c�re� i.m4 it �� •ti,rc RICH'S QUALITY AUTO BODY 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 Re: 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 commercial 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: 1. Four sets of the completed application form and petition. 2. Check for the application fee of$1000. 3. Map and the list of property owners within 500 feet and the site plan map 4. Copy of the deed containing metes and bonds description 5. 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, Ribhard E. Bozsnyak Jr. RQA Properties RB/smh We Sincerely Thank You For Recommending Us • • i / ,%SF SO(/like - "+ ELIZABETH A. NEVILLE � ; Town Hall, 53095 Main'Road TOWN CLERK ; P.O. Box 1179 ' REGISTRAR OF VITAL STATISTICS ; G Q ,�� Southold, New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER =•iv, .,.,� ,�o Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER +'sgs� southoldtown.northfork.net o OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REQUEST FOR AMENDMENT AND/OR CHANGE OF ZONE APPLICATION NAME: ROA Pro 6, LLC (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000 - 1 O a. O O -Q 3 ---®--Q L. pU 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 -a 1oCAf 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) / 1. Four(4) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. '7 2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. ,/ 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred(500) feet of all boundaries of the property to be amended. / 4. Metes and bounds description of the proposed amendment. 5/15/2007 1 • • 5. Appropriate Environmental Assessment Form(IAF). 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: 1. Name Of Applicant(s): R Q A Pro r r-1-iU-C (Pi i cAa r/ C po zsnyak �h Address: .00Q so }P-1- (4,-(e hoyi,z Ay /1535 (Po LX 3p-o) Telephone No. -73 y_ is 6 g r 5/6, - &-Sa - If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: Title: Address:(if different) Telephone No.: 3. Landowner(s): Ki c- rd L %,zsnyGk fir. Title: owprie r Address: 315o i3 r-id z. Lane. C .a-c o t Telephone No.: 37(, - &SA_- 2532 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: Title: Name of Firm: Address: Telephone No.: 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: /b ► a• I A . UV Lk han•v, Title: 4h, Name of Fir LA)0 c K-ctb- r 6 ress!r, Gza 4- Greases/ Pc. Address: Fp s Nig Cc,t-c h o p2 e hj I 1q3.5. Telephone No.: CC 31- Z9 S - 8353 6. All communications with regard to this application shall be addressed to the following person until further notice: Name: f?4.1,ard Bo2snyaK J'r� Title: °Loner - Pr ,er s Address: p_p . box 3a0 - Cu4-CA 05.4e. Telephone No.: 13L1_7962 or 5) - g•sa - .253a C. SITE/PROJECT DATA: 1. Location of Property 50 ti-4 j l Gj°S., _ side corner of Man R41. (north/south/east/west) (street) 4 P%uash A tJ C. , feet _ or road) (north/south/east/west) of C144-610 u� (nearest intersecting street) (hamlt) 2. Existing zoning district(s) R- 140 Special Overlay District(s), if applicable 3. Requested zoning district(s) I-I 6 4. Lot area: 3'-j, LID? . sq. ft or acres \ Gc e 5. a. The latest deed(s) describing this parcel(s) is (are)recorded in the County Clerk's Office as follows: DATE LIBER PAGE 10) 25)oy L 1a356, P. 9v`i b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? 1/' YES NO 7. All buildings and structures are shown on the survey? ✓ YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 13 70 8. Existing: Building Area q 0 sq. ft. Lot coverage 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons 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 of Town Code) 1. 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) ROCO A5- 2. Is the site within any other areas of review of the Suffolk County Planning Commission? YES V NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. 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 for`Unliste and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental 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. ►,3, APPLICANT'S GNA ' ' Swornb for me this lil day of.JU11 , 2010 . NOTARY PUBLIC DEBORAH H.VANDUZER (Votary Public,Stated Neriltd Na.01VA6186177 Qualified Expires Ain pril Com2012 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 � rd t�. r)n z5nyok J being duly sworn, deposes and says that he/she resides at 3150 rl ce_ I n. C Ltt(hog e, nj 1/935 in the County of 5u-4D I K and the State of M. .) yo r h 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 'RQ4\ Proper--hes U.G -f IA) ckAoth11 Bressler, Gordon a- G eases. , P1::. to make the foregoing application for amendment and/or change of zone as described here in. N. II ,Rcku-c1 E b02.9nIaLi& SIGNATURE If a corporation,name of corporation and Officer's title Sworn bef re e this (OA-- Day of �f ,20/0 \ „ Lid NOTARY PUBLIC DEBORAH H.VAHDUZER Notaay Public Si�te�6 N Yc t ?lo.O1VA6166111 Qualified hit Suffolk Ceuidy Commission Expires Apdi 28,2012 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk 1I c`'lafcle-1'Jn1Sriyak Jr, 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. 2. The project name is!1QA- P-Dee,r4eeS 2 LLQ — c-11 45 Q o.a.l r�i Au-/) 3. I reside at 5130 RrNay, Ln. CthdJGte hGH / /93S 4. The.Officers of the applicant corporation or owner corporation are as follows: NAME TITLE i ? chard. L . 13v ZSr?r Th J1/1/iLl i- pr"la of- 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. 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. 7. During the 12 months before the filing of this application,have any of the following individuals made campaign contributions exceeding$100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner 2. Applicant X 3. Agent for owner or applicant k 4. Attorney 5. Other If the answer to Question 7 is yes, Town Code Chapters and require that the information be provided below: Name Title (Owner,Agent,Attorney, other) Amount *************************c**************************************************** 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 ANO 2. Any official or employee of Southold Town or Suffolk County? e. YES VNO 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 VAAcadbp I A14U Sworn before me this (OL Od DayoL , 20f - ,ia_4--,----- NOTA Y PUBLIC DEBORAH H.VANDUZER Notary Public,State of N Yark No.01VA6186177 Qualified in Suffolk Cc infy Commission Expires April 28,2012 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 concerns affecting the question of significance. The full EAF 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 EAF is comprised of three parts: 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: 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 potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: 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 LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 ri Part 2 El Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ®"A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. riB. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* I d C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration'is only valid for Unlisted Actions Name of Action ern riles, LiC Name of Lead Agency E I3OZSrn oi< atlfw- Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) 9cc website ate %.'"76/4/to 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 EAF 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 Zone.. C,hetnae. Location of Action(include Street Address, Municipality and County) iq,5 f��_ ,5 C -IcJ1ei e- AIy Sou4holdI vco - Su- uIK cou_n-I,/ Name of Applicant/Sponsor 'Richard E,• Zsnv�a Address 'P C) •• 130 K 3aO - agc150 R+ 05 C.l City/PO ,vt Gh OC (te State Al Y Zip Code / (q3 5 Business Telephone to 3 ) - 73c]_ 7&(o r 5 I(o — $5 a-05 3a:.. Name of Owner(if different) 5 a h"1 c. Address City/PO State Zip Code Business Telephone Description of Action: 1/3 0 I I Ku +o cha r c e., o-f pro pe r4y (OnA 1\e s c,eY,T)a j 4-70 COrnrne rC r I - A-g 12- 10 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 1:1Industrial Commercial Residential (suburban) Rural (non-farm) riForest Agriculture ri Other 2. Total acreage of project area: I acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres acres Forested C) acres O acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres (D acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres n acres Water Surface Area 0 acres acres Unvegetated (Rock, earth or fill) Q acres 0 acres Roads, buildings and other paved surfaces I acres I acres Other(Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained %of site 0 Moderately well drained %of site. ®Poorly drained %of site b. If any agricultural land isinvolved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? i acres(see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ri Yes 'No a. What is depth to bedrock ' (in feet) 5. Approximate percentage of proposed project site with slopes: • 0% % 10- 15% % 15%or greater 6. Is project substantial) contiguous to, or'contain a building, site, or district, listed on the State or National Registers of Historic Places? Li Yes o 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes FINo 8. What is the depth of the water table? (in feet) rno 1e-- -Own /7 r 9. Is site located over a primary, principal, or sole source aquifer? ..,. Yes No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? El Yes No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I1Yes raffir According to: Identify each species: i (i 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations? Yes o 1 Describe: . i j 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes No , If yes, explain: 14. Does the present site include scenic views known to be important to the community? Yes Pie- 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 3 16. Lakes, ponds, wetland areas within or contiguous to_project area _ _ y.._. b. Size (in acres): Page 4 of 21 • 17. Is the site served by existing public utilities? 1 Yes ri No a. If YES, does sufficient capacity exist to allow connection? Yes ®No b. If YES,will improvements be necessary to allow connection? fYes 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes v�o 19. Is the site located in or substantiall contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ®Yes ro 20. Has the site ever been used for the disposal of solid or hazardous wastes? Li Yes ,eilier B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 0 acres. 0 Project acreage to be developed: 1 acres initially; I .acres ultimately. 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. — % V Number of off-street parking spaces existing ID , proposed --- g. Maximum vehicular trips generated per hour: c2 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially iVlA Ultimately On Priar-). 1Gs�i ) i. Dimensions (in feet) of largest.prnpas�structure: I g height; �,S width; �$• 2 length.(f�// �is�i� j. Linear feet of frontage along a public thoroughfare project will occupy is? 175 ft. — ma. in R✓ cg-/ a3 1 3 0 -C+ - Pe 8 uas/, A-. . 2. How much natural material (i.e. rock, earth, etc.)will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed IlYes ENo r2SA a. If yes, for what intended purpose is the site being reclaimed? I b. Will topsoil be stockpiled for reclamation? ®Yes No c. Will upper subsoil be stockpiled for reclamation? ri Yes __ No 4. How many acres of vegetation (trees, shrubs, ground covers)will be removed from site? acres. /6 Page 5 of 21 • 5. Will any mature forest(over 100 years old)or other locally-important vegetation be removed by this project? El Yes [;311O 6. If single phase project: Anticipated period of construction: 0 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ri Yes �No 8. Will blasting occur during construction? ri Yes rI to 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project _ 11. Will project require relocation of any projects or facilities?D Yes No If yes, explain: 12. Is surface liquid waste disposal involved? D Yes r'''-No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes O Type 14. Will surface area of an existing water body increase or decrease by proposal? ri Yes®No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? nYes �o 16. Will the project generate solid waste? Yes 1."" 117; a. If yes,what is the amount per month? V. tons b. If yes,will an existing solid waste facility be used? 0 Yes O c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [Yes No Page 6 of 21 e. If yes, explain: • 17. Will the project involve the disposal of solid waste? fl Yes l'" No a. If yes,what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? DYes prcro 19. Will project routinely produce odors (more than one hour per day)? ®Yes o 20. Will project produce operating noise exceeding the local ambient noise levels? ®Yes L�!'I1�o 21. Will project result in an increase in energy use? ri Yes ran- If yes, indicate type(s) `J 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? Yes o If yes, explain: P Page 7 of 21 25. Approvals Required: Type Submittal Date City, Town, Village Board 7 Yes ri No City, Town, Village Planning Board ri Yes 7 N• o • Zvhe- Chi1:7_ City, Town Zoning Board Yes ® No City, County Health Department Yes 11 N• o Other Local Agencies ri Yes No Other Regional Agencies 7 Yes ri N• o State Agencies 7 Yes ® No Federal Agencies ri Yes ri No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? Yesri No If Yes, indicate decision required: Zoning amendment D Zoning variance ® New/revision of master plan ® Subdivision riSite plan El Special use permit ®Resource management plan El Other Page 8 of 21 2. What is the zoning classification(s) of the site? ge5i elo-r al -Io 3. What is the maximum,potential development of the site if developed as permitted by the present zoning? . r.vC-pares_,-..13°/o . /o+ C_oc)e(6t e. ne A//Q.Js . _ ®.0 o, 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? o°) 10-11 CO ve ra6C // .6144 -Hi is could be ///9-7/ d by P.rii jante Iantii5car41 _� C bG(�. r rC'gn redyr„,71s) ..� 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®g'es ®No 7. What are the predominant land use(s)and zoning classifications within a 1/4 mile radius of proposed action? a� +EDtr ,ercJ i3 ; rot up" °s Eat) 1-16 Deral Lane f Wes-rt pre- ex1's4-ii Comr8,erc,'a( C ba 050n 15 gCtay, 75so <,) C) CO r , roc-r-d 6.I C R 4 IOC Corner Dep:-/- Ladle) GI} I�esr ® 8. Is the proposed action compatible with adjoining/surrounding land uses with a �/4 mile? es ® No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? p Page 9 of 21 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? El Yes Miro 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? riYes ;10 a. If yes, is existing capacity sufficient to handle projected demand? Yes RS 12. Will the proposed action result in the generation of traffic significantly above present levels? 0 Yes P.M' a. If yes, is the existing road network adequate to handle the additional traffic. ElYes 1:1No D. Informational Details Attach any additional information as may be needed to clarify 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 certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor NametRj(j-I(/rd .15)Z5Jr, Date SIG 1,0 Okla . Signature '4* — Title 610 ner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PROOF OF MAILING NOTICE NAME ADDRESS /� ,YbcAf J+Z c)c1S.00 le--- a5 (�4.��C�1 fl�1�P h� 1/q 33- izabe-1h +Sean linkrehy 3(037 COY 1'ecx Rd - irkt.444.1 ck, h� 1196 STATE OF NEW YORK : SS COUNTY OF SUFFOLK : E0ZsnkleAK Jh , residing at (Bf;c15C, Lune_ - --Cioguc. , 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 ; that said Notices were mailed to each of the said persons by certified, registered receipt mail. S'natur Sworn before me this day C (A-x- , 20 . S' ALL Notigyaii p Iri r; Mo9ery Publicc,,�St��i 6�o.01�A6ii8ei; Qualified in Suffolk Commission Expims . TOWN BOARD, TOWN OF SOUTHOLD • the Matter of the Petition of • NOTICE Q ffa -files,L1-C -Z-Ont C)-aa : TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: C ham 3[u c 95oo (-i. 095 Gu4ei-1Que, Ny I lei 35 • YOU ARE HEREBY GIVEN NOTICE: 1.That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Cha rtge Oc Zone_ fra ri l es iderrhal R-40 -fes I i i%n ess 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- /Oa . pv - 003 - do/- aoa Property Address: 3.That the property 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: /-lam,/e' • 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 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 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 hearing. Dated: u9u5+_ (D , 20 shv Petitioner Mailing Address: PO. e o)( 3 nv3 11935 TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of : NOTICE SQA ei areir-hies,LLC - Chary : TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: Ell 40.13e-Fh 4 Sean 'Mr pAy 3(03 7 Co Y Aka Rd. W.+14.1 , iJy I Rt51 YOU ARE HEREBY GIVEN NOTICE: 1.That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a Chan9e c)-c Zone -Prow -Res i derrita/ l'140 -D /-/a kr)lel Busi..,ess 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- /O i .DO — 00 3 — 00 l - o b t7 Property Address: 3.That the property 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: /-1Qml�� f3 use-ess 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 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 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 hearing. Dated: /=4t,iqu54- w , 20 /0 t. aRliZb &Leteljo_. JJ Petitioner Mailing Address: PO 130)( 3d.0 C o s Ny 1 /935' . 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 R-40 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. _ Ss lndard NYSTU Form 8002• -Bergam and Sale Deed.r oh Covenant against Grantor's Acts—Indnsdual or Corporarron(smgle sheer) W CB-2 Rev 8/99 (uniform ack) CONS h.T YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. i THIS INDENTURE,made the 25th day of October ,in the year 2004 BETWEEN NICHOLAS ALIANO, tesiding at 11 Sailors Court, Miller Place, New York 11764 • f, party of the first part,and RQA PROPERTIES LLC - • a9a0 M/4 /3/ h/921 kt)Uft vartoo6-7 49- PI party of the second part, WITNESSETH,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 and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ANNEXED HERETO District 1000 Section BEING THE SAME PREMISES conveyed:.to Grantor herein by Deed dated October 1, 1973 102.00 and recorded in the Office of the Clerk of Suffolk County on October 17, 1973 Block in Liber 7511 Cp. 411. 03.00 Lot 001.000 TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the'party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the partyof the first ° pari covenants that the party o�the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. • AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- 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 any part of the total of the same for any other purpose. The word"party" shall be construed as if it read "parties" whenever the sense of this indentur- o requires. IN WITNESS WHEREOF,the party of the first part has duly executed this .eed the day an, ear first above written. IN PRESENCE OF: �L1 G 9v 'NICHOLAS ALI // LR ..- I VI ti ty IPINtoil,92 ,430-br 114404/0 61 -- * STATE OF NEW YORK) * STATE OF NEW YORK) Ai/4/.4 ss.: COUNTY OF Ai/4/. ) ss.: vvyy-- /tom COUNTY OF On the�J day of�C1d�49� in the year 20�4before me, a On the day of in the year before me,the undersigned,personally appeared Nicholas . i4 undersigned,personally appeared personally known to me or proved to me on the basis of satisfactoiyA4 /Qrsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscnbed to evidence to be the individual(s)whose name(s)is(are)subscnbed to the within instrument and acknowledged to me that he/she/they the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the his/her/their stgnature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the person upon behalf of which the individual(s)acted,executed the instrument. instrument. ` �/71L.LYLt�J l�^AM.4 . Signature and Office of Signature and Office of individual taking acknowledgment individual taking acknowledgment * For acknowledgments taken in New York State. NOTARYAPUBLIC StateRof New York No 01PU4890206 Qualified In Suffolk Coun Commission Expires April 20,007 **State,District of Columbia,Territory,Possession,or Foreign Country ss.: On the_day of in the year before me,the undersigned,personally appeared personally known to me or proved tome on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual made such appearance before the undersigned in the .(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). • Signature and Office of individual taking acknowledgment • **For acknowledgments taken outside of New York State. jBargain anb Salt Bteb SECTION 102.00 WITH COVENANT AGAINST GRANT OR'S Acts TITLE No. BLOCK 03.00 LOT 001.000 NICHOLAS ALIANO COUNTY Ott TOWN SUFFOLK TO Recorded At Request of RQA PROPERTIES LLC First American Title Insurance Company of New York RETURN BY MAIL TO. STANDARD FORA OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by Valerie Marvin, Esq. First American Title Insurance Company 218 Front Street, Suite 2 I ofNew �York Greenport, New York 11944.A��10 Zip No. tJ LL LL 1 CCn 0 2 ce LL O W w 2 'C t 6 N f ee NW 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: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of r Fleets Neck Road; THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East, 200 feet to a monument; THENCE South 35 degrees 14 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 Main Road; THENCE along the southerly side of said Main Road following 2 courses and distances: 1) North 29 degrees 44 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. —- .. ... -- -_---,,-;--e-,-*-----777:,7- ,„.:- -7"°1`"-7.---,..77 ,'77:-...., -,- .,,'-r---..-...„.,.„----,,, -----,,,,,,-;,,,,, -- „„.::..›..,,,_, ,_.,..,,,,:;.-- I- , _ , . -- . --.,-- ----;,---:---:,::---::---_.-----:.--.-;,--------,-;-- --,---..,:- ,--,-..,-- - --,,---- .„-,,---....----c---f7.- -- :- ------ - ----..74:15-2, ----.-:- N . f--z. .- _ ., -- ,.. ----, . • '-- „,,- - .— ..,. ---- —---v----....-- —_ --...-- - ----,, ---,-,-- — ....- ',-- ---—-----e---- - , .----; ---, - e - 141614t:1"CiliAilTY-' -Ik' VT--013,E1:1AJRS...:,,:::,:::,,-,---,.: .. - - ------P.0,BOX-320-PH r 631-734:7868,-...-___ _ _,...,, ,,,_ ,,.- ,.., _ ,,,, ,, ,,,,„ .. , ....,, . ,,,, -'-'.; 11 MAIN HOAD 50=546/214.- DATE -CUTCH0GUE, NY..-11_935,,,-„..--..„.,-„, ,•-- -,.'":---e:-.-,.-''' -1,-; ''''„--:;--2 ...-,-, '12 OF-1 - - ---- ''' -t,-- " •,. ,mile'; TIIE SU.P.F0t.,•K'cpUliITY:1:41Al`i0,,N#L,BAN,,,,.*'::: ..,,:,,,,.....,,-,-',.:-....,.,..,_-', :,.. •-...'7,,,..,',,, ;,..:..1 ,,-::„: :,..,P", , ` ' , . ,..-., - ^-eMAIN ROAD cUT6-10GUE>NEW''IORK.11935 FORC1 -‘ illn ---- ,- _. -, Gt5II . L '2 ' 1: -'1:021.Li 0'5 liErki li-,.- 6,1-.00-2,13-5Ili -• - :- - - --"-'"',.. -,,,-.-, . ..'.,g='''' ,_'"'"...:-"'"' •, '' '''''"'"'" ''' ^ jeida414,ramd-Luat.1' :- . -_ ,,,„,,,,,„,„„,, ....,,,, . - ,.. . • • 1, O 0' 1 s--- 0.1u...a_ ......,6,6LegsAA O. of c),,e,i ).-- LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAN ROAD, P.O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 October 4, 2005 Ms. Betty Neville, Town Clerk Town of Southold Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: 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 commercial 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. The owner has a critical need as his insurance company is requiring the immediate installation of an environmentally safe spray booth in order to maintain his insurance coverage. This requires construction for which the Building Department will not issue a permit due to the residential zoning. We therefore ask that the Town Board give this matter their prompt attention. We enclose four sets of: 1. Petition for Change of Zone, requesting a change from R-40 to HB Hamlet Business Zone. 2. Check for application fee of$1,000 (just one of these). We ask that the fee be waived or reduced as we believe the 1989 rezoning was in error as the property is not properly usable for residential uses. 3. Map and list of property owners within 500 feet and site plan(map with all required elements is being prepared and will follow). 4. Copy of deed containing metes and bounds description. 5. Short Environmental Assessment Form. We believe this is an unlisted action but await your advice. Notice to Adjoining Property Owners with affidavit of service is enclosed. Please refer this matter immediately referred to the Southold Town Planning Board. I would also appreciate an appointment with the Town Board at its next work session to discuss the matter. Please advise when that meeting may be scheduled. Thank you for your consideration. Very truly yours, ,410 // / Abigail A. Wickham AAW/jt Encl L/shdtcchzboz 1 f t' G®. ELIZABETH A.NEVILLE �' ` Town Hall, 53095 Main Road TOWN CLERK t P.O. Box 1179 Prir REGISTRAR OF VITAL STATISTICS �� �� Southold, New York 11971 MARRIAGE OFFICER °�ij,® • �®�I1/� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER = d SII Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD REQUEST FOR AMENDMENT AND/OR CHANGE OF ZONE • APPLICATION NAME: �Z( A TRoFE fl E Si LLC (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000 - I 0 2- .0 0 - 0 03 - 0 0 I . 0 00 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 - jegf 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) X 1. Four(4) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. X 2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. X 3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes,property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within two hundred(200) feet of all boundaries of the property to be amended. X 4. Metes and bounds description of the proposed amendment. x 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: 1. Name Of Applicant(s): R( lPrcr�ev`l esi L , L(, Address: PQ k 3 zo Cuf-cl'oove, MY 119 3S Telephone No(G31) 734 - 1(3en,44 If the applicant does not own the property, is a contract vendee, or if the owner is a Corporation or a Partnership,prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation(or partnership), give the name and title of the responsible officer: Name: --6ozsr)yak. Title: Manor Address:(if different) 5arne Telephone No.: 3. Landowner(s): R Q A fropev-ii s LLC Title: Address: gav►,e- Telephone No.: 4. Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: PY\ark K . Sc.11 W avf3 i I\re'rl itle: Name of Firm: Address: Po F:y-,y__ 933Coi-cbo�ue_ NY I (9i 35 Telephone No.:(,3 I) 73 4-- q(SS 5. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: MD' A N `IN ge-K'uw) Title: /A i Name of Firr'fr : W ckLi a vn tre-S s'ler) Go v o n d- 1Q0 sot, Address: -PO 1Sdx, /41 ZLI i C o+c oq ue! NY I I q 3.5 Telephone No.: 631- aq$- g 343 `� 6. All communications with regard to this application shall be addressed to the following person until further notice: • Name: top.. I\ • \ rckk vn Title: Address: 3c X t LZlf uck f\b/ / l 95z-- Telephone No.: (03 I- 253 `6353 C. SITE/PROJECT DATA: ,n 1. Location of Property 5/VV -side,corner of 616 I n 7� (north/south/east/west) (street) R---7-5 cvvkA Petu aS)-) A VQ../AU-e- feet or road) (north/south/east/west) of _ Co Fd)D u� (nearest intersecting street) ( inlet) 2. Existing zoning district(s) -R tiO Special Overlay District(s), if applicable 3. Requested zoning district(s) 4. Lot area: '37) y z S• y 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 12.--65( 4+L• b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? X YES NO 7. All buildings and structures are shown on the survey? X YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 8. Existing: Building Area sq. ft. Lot coverage 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons , why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEQRA(See Part 617,NYCRR and Chapter of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, tate Road 2) -2_9q50 VULOK IM • (Siz Z 5) 2. 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. 3. 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 •and Type I actions. 5. Has an Environmental Assessment Form or Draft Environmental Impact Statement been prepared? X 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. -� RQ A �ro yi 2S L.L C b c,CQ_. .1 APPLICANT'S 'G A 41-44 Sworn be/re me this R-3 day of "� Qp,L 20®c. 4e, g4. • ABIGAIL A.WICKHAM Notary Public,State of NewThs No.52.464287,' Qualified in Suffolk Commission Expires Sept.30 .?®o" , 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 GAarca 13ozsioyG.k being duly sworn, deposes and says that he/she resides at 315-0 �vY 2ctc e� Lccyc� L+"ch ve. AJY lq 3s in the County of S ucco ( IG and the State of Q t,U o r k 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 Rq `Pro pe,r (yes , L LG ) d Inti (_,(<InaYr) 1 -Stre_,Sslav) G'0rd6TV G-Cctsamd MflrziA k. Sclrwou71 N-ect to make the foregoing application for amendment and/or change of zone as described here in. �lcd�GVc� E©zsnyak NAME Vie9A,c- SI1‘,1! GN�iT li - 7ZQt\ F-of ev-hes, L Ire - 1111,au cier If a corporation, name of corporation and Officer's title Sworn before me this ?3'-4 Day &z . , 2005 N )TARP PLTRT,TC ABIGAIL A 'WICK-HAM 1 Bony Public,State of New Yo01 N .52-464287' -ottm41j{;iS� sotte.o3ucni 'tom G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk R' .1nc voi 6zs n yak 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. 2. The project name is: 79 A �vvope_rries , 1.LC - "Ri c,G;5 Quoit-1 Ac o ' y 3. I reside at -5`7 SD 13v (A/e, Lance C y ! I q 35 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE "RI c1.16►-aC z_sn oLk n acy,rI enibeic 5. I make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. 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. 7. During the 12 months before the filing of this application,have any of the following individuals made campaign contributions exceeding$100 in total, in cash or in kind,to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner �( 2. Applicant X 3. Agent for owner or applicant 4. Attorney )( 5. Other If the answer to Question 7 is yes, Town Code Chapters and require that the information be provided below: Name Title (Owner,Agent,Attorney, other) Amount ****************************************************************************** For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters,parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director,partner, or employee of the applicant or owner c. Legally or beneficially owns or 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 L Any official New York State YES X NO 2. Any official or employee of Southold Town or Suffolk County? YES X 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 1 . ' SIGN A Sworn before me this 2 Day of Zejol , 2005 ^ r t I r �V NOTARY PUBLIC • ABIGAIL A.W1CKl4AM' Notary Public,State of New York No.52464287' Qualified,in Suffolk County . Commission Expres Sept 30A ; t a ,c1 machme,, 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 R-40 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. Without spray booth, owner must discontinue business. Building addition to replace bays eliminated by spray booth not permitted in residential zone. 2005: Application to Zoning Board of Appeals for Use Variance,who recommended application for change of zone(informal). Description of Project: Continue existing uses, with addition of new building, as follows: -Existing garage use to continue, installation of spray booth in existing building, addition of new building in rear, 36' X48' X 18' high,for two bays and storage/parts. -Current outdoor use in front of building for painting,washing, etc to be eliminated, and similar use in rear eliminated. -15 spaces previously approved by ZBA for auto sales to be reduced to 5 spaces -Landscaping, parking,traffic flow improvements and ingress/egress improvements as per site plan application pending before Planning Board -Existing real estate office in separate (easterly)building to continue -All junk cars removed from premises Proposed Use and Operation: as above. Design Concept: The concept is 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 occupancts and employees of the property and the surrounding properties. In addition, outdoor work will be brought indoors and away from the Main Road. All work will be inside building. New building and most parking will be inside fence and landscaping. New building to be situated in rear to minimize impact on adjoining residential properties and road visibility. Low building height will minimize obtrusiveness. Compliance with Town Code: Project 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 is not suitable for a residence as currently permitted by zoning ordinance. Premises now used for multi-use commercial on residentially zoned parcel of property. Project size is less than precluded by current moratorium on commercial development, and is not retail in nature. Compliance with Master Plan: Project 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. Re/RQAchaonedes t ,r , Rich's Auto Body: 102-03-5.1 Francis E. Campbell 270 Pequash Avenue Cutchogue,New York 11935 102-03-2 John E. Dawson 81 Crows Creek Road Pittsboro,NC 27312 102-03-01 RQA Properties LLC 2950 Route 25 Cutchogue,New York 11935 102-03-06 William Gildersleeve 165 Pequash Avenue Cutchogue,New York 11935 102-03-07 Luz Edith Rojas P.O. Box 226 Cutchogue,New York 11935 • 102-03-08 Margaret Scharadin Main Road P.O.Box 364 Cutchogue,New York 11935 102-03-09 State of New York Department of Transportation State Office Building 250 Veterans Memorial Highway Hauppauge,New York 11788-5518 Attn: Diane Maclachlan 102-03-10 . Barbara J. Lutz P.O. Box 389 Cutchogue,New York 11935 102-02-13 James&Carol House 29745 Main Road Cutchogue,New York 11935 102-02-14 Baij Farrukh 5 Farriers Lane Head Of The Harbor,New York 11780 102-02-15 Emily Victoria James E. Grathwohl 25325 Main Road Cutchogue,New York 11935 102-02-16 Grace&Lewis Edson P.O.Box 939 Cutchogue,New York 11935 102-02-17 Allen&Jeanne Vanname P.O.Box 11 Cutchogue,New York 11935 102-02-18 Hamid Lillian Melville Main Road Cutchogue,New York 11935 102-02-20 Mary Jo Verity RR#1 30485 Main Road Cutchogue,New York 11935 102-02-23.3 Cutchogue Cemetery Association Main Road Cutchogue,New York 11935 103-07-27.1 . Mr. &Mrs. Yousik Chester Junior 595 Pequash Avenue Cutchogue,New York 11935 103-07-27.2 Robert&Karen Kowalski 565 Pine Neck Road Southold,New York 11971 103-07-28 Christopher&Christine Peddy 445 Pequash Avenue Cutchogue,New York 11935 103-07-29 Kenneth&Janice Robins 365 Pequash Avenue Cutchogue,New York 11935 103-07-30 Mary Bajek 326 Pequash Avenue P.O.Box 476 Cutchogue,New York 11935 103-07-31 Chester Orlowski ' P.O.Box 949 Cutchogue,New York 11935 103-07-01 Margery Auerbach Francis Kuich P.O.Box 208 Cutchogue,New York 11935 103-07-02 Eugene&Anne Bradley 310 Stillwater Avenue P.O.Box 283 Cutchogue,New York 11935 103-07-03 George&Antoinette S.Bressler P.O.Box 1046 Cutchogue,New York 11935 103-07-26 Alfred T.Rodia Catherine Dosch Living 665 Pequash Avenue P.O.Box 236 Cutchogue,New York 11935 103-07-32.1 Stephen Decker 52 W. Donellan Road Hampton Bays,New York 11946 103-07-6.1 Peter Schott 230 1s`Street P.O.Box 49 Cutchogue,New York 11935 103-01-07 Episcopal Methodist Church P.O.Box 1286 Cutchogue,New York 11935 103-01-9.1 Kenneth&Patricia Homan 285 Stillwater Avenue Cutchogue,New York 11935 103-01-10 Christa Hilderbrand 425 Stillwater Avenue . Cutchogue,New York 11935 • 102-06-23.1 . Ann H.Thompson P.O.Box 1248 Cutchogue,New York 11935 102-02-12.2 Joseph P.Dunne 29475 Route 25 Cutchogue,New York 11935 . 102-02-12.3 Depot Enterprises Inc. Depot Lane Cutchogue,New York 11935 103-11-1.2 . Wickham's Fruit Farm • 28770 Main Road P.O. Box 928 Cutchogue,New York 11935 103-11-02 Enzo Micali Elaine Micali 1251A N. County Road Stony Brook,New York 11790 103-11-03 Amy E. Hill 128 8t'Street Brooklyn,New York 11215 103-11-04 Evelyn Jeanne Woelker 660 Pequash Avenue Cutchogue,New York 11935 103-11-05 Judith Barry ' 39 Spring Street New York,New York 10012 MATCH LINE SEE SEC.NO.096 , I _ -ZZ .,______z7 ^' .ti S "' N 292 BOO `I. FIAT , 44 Pyr . n, t 23.5 ,ti • ♦% 11.1A �Q`' .s 23.3 ' 17.6A • .`,; el,k O� 2 N. .1.... ' 9+, 9 .,. 43 . '.,A. 16 1 5 25.3A * , I. <S. O . 3.l • 41415. tiCo'or .4gt ci ,,s, / °j 16 44:0 / 5:...z. "Po, Voar Sy GS44rit IP • ki 41 �o•or .�' + Gt `� yam. • 1T4) • 1• . el O .�ti411r. s. o 'p `• _ 4,,�1 �b ,,,a ..,, ♦ � 4 +v" l9 'Y� 1,i4It'`12. vie VS 9 /, ma tin. ,� : 2 +� JO so '�,n' 8 !r No a '�'r` �i ,.OACc)` .� 'b+ ti� re d `Y 'op . 1f .G1 tii 1 e 14 . ,,. ,.. r A cb „ 1co `2 is 44?).-5, 4-1 4r ,.. .1. 4 004, '� 11c. "r �' 0 a 232 . vrs 9.2 4/1/4/4/#44# i 2.3A(c) 4` P °' COUNTY OF SUFFOLK HOEVELOPIENT RIGHTS) a" gb41 t44 9.4 2'6A ,,. _• 1.lA�ca .� ' •� �Nr�, c U (soy) 4, et-i. 4, 1 1q `E,yrir 33.E ?46! srs4� ♦, f, fi • ‘9.6 ♦ . , 20.2 , ati ti� r 322AIc) %4c, STATE OF ' i+ �� 4 Sob r ` 0 \Jc) `' 11.1 c¢ 1OZ raj' P� , + si p NI I ��+ 4 lt 1, 01 $ 103 �4y O VRI c,* w~ ``\ .P �.4 �1 1 6 SNS Airy 130:y U ,c, . ..MAIN Ito ci,ircop 01)6 . . iKAtZK K.scHwAlaTzH AlA- Sc rM *1ac.- /pa • a3 •° 1 Arcs 9'33L(-4- Po. 610)4- Cu-fc1+1,61/E, rJ`( 1193 734 -448 5 • WCB-2 L Ss Indard N Y B T U Form 8002• -Bargain and Sale Deed,wish Covenant against Grantor's Acts—Inde idual or Corporation(single sheer) Rev 8/99 (uniform ack) CONS )LT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the 25th day of October ,m the year 2004 BETWEEN NICHOLAS ALIANO, residing at 11 Sailors Court, Miller Place, New York 11764 party of the first part,and RQA PROPERTIES LLC n aqq5-o imp e vartoo l 49- I/02.5- party of the second part, WITNESSETH,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 and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" ANNEXED HERETO District 1000 Section BEING THE SAME PREMISES conveyed,.to Grantor herein by Deed dated October 1, 1973 102.00 and recorded in the Office of the Clerk of Suffolk County on October 17, 1973 Block in Liber 7511 Cp. 411. 03.00 Lot 001.000 TOGETHER with all right, title and interest, if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the-party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of.trie first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first pat t will receive the consideration for this conveyance and will hold the right to receive such consid- 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 any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentur o requires. IN WITNESS WHEREOF,the party of the first part has duly executed this •eed the day an, ear first above IN RE. IN PRESENCE OF: 9ti 'NICHOLAS ALIANO is IVIG/j t4 b") 9 L3Elir /'L,273 YO hr's juklev-)21- /n -74- Ct * STATE OF NEW YORK) * STATE OF NEW YORK) �+, ss.: ) ss.: COUNTYT�rOF 1f�t! COUNTY OF On thttl'd day of OC,1r)Azc/2_ in the year 2004before me,hie On the day of in the year before me,the undersigned,personally appeared Nicholas .4:3 /111.0./36)."-- undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory44Uz/Qrsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscnbed to evidence to be the individual(s)whose dames)is(are)subscnbed to the within instrument and acknowledged to me that he/she/they the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the mdividual(s),or the his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the person upon behalf of which the individuals)acted,executed the instrument instrument A..//144t., A44 cid - Signature and Office of Signature and Office of individual taking acknowledgment individual taking acknowledgment * For acknowledgments taken in New York State. BARBARA E.PURCELL gNOTARY PUBLIC,State of New York No.01 PU4690206 Qualified in Suffolk Coun Commission Expires April 20,2007 **State,District of Columbia,Territory,Possession,or Foreign Country ) ss.: On the_day of in the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individuals)whose name(s)is(are)subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken) Signature and Office of individual taking acknowledgment ** For acknowledgments taken outside of New York State. bargain ant 'ale laeet WITH COVENANT AGAINSI GRAN IOR'S AC15 SECTION 102.00 TITLE No. BLOCK 03.00 LOT 001.000 NICHOLAS ALIANO COUNTY OR TOWN SUFFOLK TO Recorded At Request of RQA PROPERTIES LLC First American Title Insurance Company of New York RETURN BY MAIL TO. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Dirfnbuted by Valerie Marvin, Esq. First American Title Insurance Company 218 Front Street, Suite 2 of New York Greenport, New York 11944 / Zq No. U O 2 0 K O Dr LL O N 2 V 0 N W ' <>C / 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: BEGINNING at the corner formed by the intersection of the southerly side of Main Road with the westerly side of Fleets Neck Road; THENCE along the said westerly side of Fleets Neck Road South 45 degrees 29 minutes 00 seconds East, 200 feet to a monument; THENCE South 35 degrees 14 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 Main Road; THENCE along the southerly side of said Main Road following 2 courses and distances: 1) North 29 degrees 44 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. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION (To be completed by A plicant or Project Sponsor) 1 APPLICANT/SPONSOR 2 PROJECT NAME RQA Properties,LLC Rich's Auto 3 PROJECT LOCATION* Municipality Cutchogue County Suffolk 4 PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc,or provide map) S/W corner Main Road(SR 25)and Pequash Avenue,Cutchogue,NY 11935 SCTM#1000-102-3-1 5 PROPOSED ACTION IS. New ❑✓ Expansion 0 Modification/alteration 6 DESCRIBE PROJECT BRIEFLY Change of zone application from R-40 residential to HB Hamlet Business to revert to prior business zoning for property containing pre-existing multi-use commercial buildings 7 AMOUNTQF LAND AFFECTED Initially acres Ultimately acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes 0 No If No,describe briefly 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? E✓ Residential 0 Industrial 0 Commercial ID Agriculture Park/Forest/Open Space 0 Other Describe Parcel has been long-standing commercial in primarily residential area with some commercial uses in area 10 DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? Yes 0✓ No If Yes,list agency(s)name and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes �✓ No If Yes,list agency(s)name and permit/approvals 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes 0✓ No I CERTIFY THAT THE INFORMAT PROVID D MOVE IS TRU FY TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name RQA Properties,LLC . - • )��UVC`- Date: Sept.21,2005 Signature Richard Bozsnyak,Manager If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 'Reset PART II - IMPACT ASSESSMENT(To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617 4? If yes,coordinate the review process and use the FULL EAF D Yes El'No B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617 6? If No,a negative declaration may be superseded by another involved agency DYes No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING'(Answers may be handwritten,if legible) Cl Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems'? Explain briefly C2 Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources,or community or neighborhood character?Explain briefly* C3 Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species'?Explain briefly C4 A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources'?Explain briefly C5 Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly C6 Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly C7 Other impacts(including changes in use of either quantity or type of energy)? Explain briefly' D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? Yes No If Yes,explain briefly. E IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS'? Yes No If Yes,explain briefly PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant Each effect should be assessed in connection with its (a)setting(i e urban or rural), (b)probability of occurring, (c)duration, (d)irreversibility, (e) geographic scope, and (f) magnitude. If necessary, add attachments or reference supporting materials Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur Then proceed directly to the FULL EAF and/or prepare a positive declaration Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Sept.21,2005 - Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Reset On October 6, I sent over the change of zone application of RQA Properties LLC for your review. I am still holding the original application and check in my safe. Please advise me of your recommendation, in writing, at such time it is made. Thank you. Betty Neville 1 fol SOU74/ ELIZABETH A.NEVILLE �' '` 0 Town Hall,53095 Main Road TOWN CLERK 11[ 41, 1 P.O.Box 1179 Southold REGISTRAR,OF VITAL STATISTICS o Q New York 11971 MARRIAGE OFFICER �� . r1 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER `` , Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER =�C�U ,'i,o" southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Town Attorney Patricia A. Finnegan Planning Department Head Mark Terr From: Town Clerk Elizabeth A. Neville Re: Change of Zone Application of RQA Properties, LLC Date: October 6, 2005 The enclosed change of zone application of RQA Properties. LLC was received by this office from Attorney Gail Wickaham's Office'yesterday on October 5, 2005.I have not yet officially receipted this application. Please review it and send me your recommendation as to whether or not this application meets the criteria for acceptance for filing by the Town. Thank you. TOWN BOARD, TOWN OF SOUTHOLD • In the Matter of the Petition of NOTICE 1 9,1\-Proper�tes , LLC : TO : ADJACENT to the Town Board of the Town of Southold. : PROPERTY OWNERS TO: S 90 c.t-ftoch-eo, (t s+ 0C -propt,rl \ o w frleYS Zan E "DA It S6 I\ PDot orb Tck h L02— r YOU ARI(HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a C 1navazl2 0c Zo v)e- 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000- 107._-3- I Property Address: 2 9 9 5o MA I ni RD•) C 0+-6105 ue,, N Y it q3 5 3. That the property which is the subject of such Petition is located in the following zoning district: R- LIO i. 1 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classification: NS I- rnle+ 13us i ness 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 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 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 hearing. RQ /\Froper4-ie.)51 Ie-LC- . � _i 1 /� Dated: ` Dc.k 3 , 20 05 �,_ �G/� ,/ 41-%�`� � Petitio �a'ci cwd ' 3z,snya , IY n jer I Mailing Address: ft. 'ox- 32-0 C u-I-ccJno3 ve, I+LY! 1 1q3.5 PROOF OF MAILING NOTICE L NAME ADDRESS , 6c. - o f'% 30411 4+2- P. O a (23,c)k 3Is°I N-1-cin-D1AL ➢�Y 11 q 25 3 'cn 12.- b(AWSbY) g) UW) V'r' , e: 41c, Pin bb)ro�. - t , r- 5 o Postal ServiceTM¢ .41,, ,p U S Postal Service i -,1 b 17iw ,: ',3 at.h n ',� R�ECE T � ., �, ru CERTIFI�EDgMAI�LTM RECEIPT - .4.C-.., 1 ,MQ�n lance"CoverageProv►ded) �,, r9 (Don,est c Ma Only,`No%saran erCoverage'"Provided)' 5 ,(Dod eser Only;o Ford�elive i formation visit ou�:Webslte at www us s comp r^ Pa'delivery information visit our wil �e6site.at wuwv. s m i m t,-1 F T:15E0E011'Na 2731S Gil L fa E 70�' I:1 52 Postage $ 0.37 !u_T Irl 09 2.& Postage $ 0.37 O Certified Fee 2.30 /��,/ SS�'� cQ� _ pa rq Certified Fee _ / ` PoH �• / rgsrmark 01 O Return Receipt Fee O Return Receipt Fee a ,r4 - 3 co (Endorsement Required) 1.75 Nere N (Endorsement Required) h Clerk: Restricted Delive Fee tZ ! Restricted Delivery Fee1111111M111. 1, >u,' (Endorsement Required) C1eQ KVUBK (Endorsement Required) btt�i3o5 ru 4.42 N 0( P5 lv Total Postage&Fees ". Total Postage&Fees $ - - O Sent To 0 S?t To �� 1 �� N Jbti�, E. .(,1�56Sr\ a reef'A1 re 71 L lti Street,Apt.No.; 1 i'-' S4reet,Apo Na; 'l f L Q or PO Box No. %I @ �roWS C'r or PO Box ZI V �J e C7� City,State,Z1P+4 _e _.1� • City,State,ZfP+4 V•N� �„ V i 3 1� Wig, S �ca� YIC a131a• 8 - , � �° , See Reverse for Instructions' '` � , , , � i�Reverse for InstrucU et r I ing at'C�o Uil(� � 3 00, 20(L' ..,.�_ , PS Form 3800 2002"`: ��� )��i.�x�'`� SM`k .. ,t' +,y.�'us" - 13O15 main ) PO.1! . 1I z& , n ch)ck,being,duly sworn, deposes and says that on the 3r4day N .IY 11 5? of (pct-. , 20O5 , deponent mailed a tru- c•. of the Notice set forth on the reverse side hereof, directed to each of the above-named persons .t 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 ma Wi+uck , tJ ; that said Notices were mailed to each of the said persons by certified, r irn receipt mail. Signature r1.7 Sworn before me this 3 day Of a . , _ 20 en,s— KER11I A.MCCARTHY f J . - NOTARY PUBLIC-STATE OF NEW YORK NO.01-MC6045508 ...otary Public QUALIPII"I)IN SUFFOLK COUNTY MY COMMISSION EXPIRES 07.31-20.Oie REVISIONS: PROPERTY OWNED BY: BARBARA JOAN LUTZ TAX MAR 1000-102_3_1 P.O. BOX 389 No. : I CUTCHOGUE, NY 11935 8 6 ! . V '63.iF t iY t : e tS w- • a ��s � a. 'a.n L t SFR � (1), til" ,:,ze a P, F R ft * ' F� w a R LOT COVERAGE: +fir a �"+. k(: s .�3 1 a ° . �'+• rk c $. . s• \\ 43"� �(, 64:8a 4. f fff PROPERTY 31428.4 S.F, �'S re ' .k ' • ! a a ,.�, s� a P °29'��� V7+/1/J.Do' a P a m .a.u..;: °a C C3 b'C (:� 0 C� C - �� a P �4 p G o1 �TI s rf—FENCE -11: Z EXISTING OFFICE SLDG,: X91 S.F. (:). , ,tr+tr t•tt t t t r ti-r: �ti-+ ti+ - 1 <—> 61 N R, EXISTING AUTO REPAIR: 1620 S.F. • ("";; 1 PA KING �IGO, �0 3 EXISTING SHED: 130 S,F, a Di - - - - - - - - - - - - - - - - - - - - 36.5' \ L „.— ., 32 r 8 .00' - 5 . o' N�� - �, EXISTING SHED: SO S.F, 1 '1 21.701' o N,, - EXISTING TENT: 906 S.F. H ( a n U R"° P^� b PROPOSED AUTOREPAIR: a t �A 1 , k PR P ED REP R• 1159 S.F.S,F, o z a '� �0� N PROPOSED ,N V EXISTING LOT COVERAGE: S. % c; °' ' BUILDING PORTABLE z \ e Nd' PARKING "r _ 1 o kezt ' a P G (AUTO REPAIR). BLDG. (TENT) _ ,, PROPOSED BLDG LOT COVERAGE: 13,6 r, �, ,:;) ,,• • l 50I a- BAY (STRG.) 11 i DIFFERANCE: 4,1 % kilo 4-erd': I I, 2'A4 ter) 5.001 MD S,OR� `-6 be_" z xt41 z s ; 0 ' �� reYrxo✓ed) - a P �� t LANDSCAPING: 4090 S,F, +/- , �; ' " t - LOT COVERAGE: 10.9% ' 36.5' \ 7 LIGHT 21.701 \ Ob Terri- 113 \,,._ + t` a P I `� Z 1N0 {-\:: ' .z :�`�-r BAY ENTRANCE i \�... r,- Veo ll n� h i 1- O z M; • oma CD � i I z\\ \,,. rn oj.�, .I PARING 1 .\ o ® J H tot- '".,�„1 �i 26 Og N O - _ _ _ _ _ �s 45.00' z a GRAVEL DRIVEWAY I EXISTING WORK AREA m No i t (EXISTING) ASPHALT I TO BE RELOCATED TO ,.� �. (EXISTING ) I PROPOSED BUILDING >” w Jc` 4" •1--1 �1 8.00' i I \of Ce III t 4.00'0 . I ZD O . 1 STY. CONC. b O 1.�� •$ ; O STRG o H M BLK. BLDG. U I ` 2 `o \itrVJ P J O SHED o AUTO REPAIR M HANDICAP PARKING I t:-1=1.5. # 4.00' 4-BAY I A a ( aCAure2 ba t) �l rl I�b1. LLI �( t._ $ rad b. -f$ : I U 4z v H 1 PAR NG 45.00' ,'E ® U 1 `;,„, a-,_-# b 13.00' b r• V/ O O ` /�, ` I� FLOWER ` ,'`..�,� O SHED O 1 • .. •10' BOXES , PROPERTY OWNED BY: -.-z �-- -.1 FENCE T' 13.00' '� I - 25.0 JOHN F. DAWSON �-: ai t .4...__I 1 1 STY \ T FRMD. OFFICE BLDG.` P RKING 81 CROWS CREEK RD. yit�,a v 1 •.`••1 0 PITTSBORO, NC 27312 1 �1 `,� 1 J0c,0 fl i4,, U A m % - 0 FAFRKING _,t, ':* 7•,,:-'4.1,- PA INC 10 1 \ (f7 BUILDING REQ. PKG. TOTAL PKG. � . ; .--I AC\'+ USE: SPACES: SPACES REQUIRED: {� �" ' " 1.1 ��� �� �� {4� r >- ----__. --`' .r.. ,.� F-.-'-1-5-----1\, ,41 (ASPHALT) F— EXISTING meq, (', „ ce ,i,{i,1i, V a P + a P a PV."7.. .a ;-1t;--�1` PARKING j FF 1/100 S,F, 6 •_:_,:.._•-:-._•-,,-. • � � -,3,, zIn OFFICE � '' 0 � 1: ,��yy 1' t� �� 1�,mo,L 3i j` b P �j * t.P P V a P 0 - ” ✓ .{-A ,_i_., I \ Q EXISTING _ , _ _, e 0 0 o 0 * _ i, �i Atli, ) {1' 1 CL O U 4 PER BAY S 1; _- 'EES/SHRUBS MULCHED BED-i- 1�-1}y_ -_�-1 AUTO REPAIR '' 1 1 ` 1 1 j; y (EXISTING) - �' - - - - - — ENTRANCE - S 45°29'0" E 200.00' I ENTRANCE ce N U FROM STREET FROM STREET PROPOSED 4 PER BAY S CL AUTOREPAIR EMPLOYEES 1 PER EMPLOYEE 4 FLEET a N ECK ROAD TOTAL PARKING SPACES ON PREMISES ALLOCATED: 45 (PEQUASH AVENUE) AS PER N.Y,S, CODE, SECTION 1106, TABLE 1106,1, 2 W ?'• DRAWN: MH/MS Ty SCALE: 1" =20' HANDICAP ACCESSIBLE PARKING SPACES ARE STTE PL/",N PROPOSED EXISTING JOB 4t: REQUIRED. ACCESSIBLEB PARKING SPACES ARE TO BE SITE 04,2005 LOCATED ON THE SHORTEST ACCESSIB:E ROUTE OF '. SHEET NUMBER: TRAVEL FROM ADJACENT PARKING TO AN ACCESSIBLE SCALE: 11' = 201-0' BUILDING ENTRANCE, S MB I 1 • 1000-102-02- Ir12.2 -JOSEPH P. DUNE 29475 RT 25,CUTCHOGUE,NY 11935 0 ft< ti0 �' 12.6 - DEPOT ENTERPRISES,29325 RT 25,CUTCHOGUE,NY 11935 13 - JAMES HOUSE,29745 RT 25,CUTCHOGUE,NY 11935 / ,` 14 - BAIG FARRUKH 5 FARMERS LN. HEAD OF THE HARBOR,NY 11782 0 15 - JAMES F.GRATHWAHL,25325 RT 25,CUTCHOGUE,NY 11935 • 16 - LEWIS EDSON,PO BOX 939,CUTCHOGUE,NY 11935 / 17 -ALLAN P.VANNAME, PO BOX 11,CUTCHOGUE,NY 11935 /; S� 20 -MARY JO VERITY,30485 RT 25,CUTCHOGUE,NY 11935 /� 21.1 -CUTCHOGUE CEMETERY ASSOC. O~ �� C/O WILLIAM BEEBE,1455 NEW SUFFOLK AVE.CUTCHOGUE NY 11935 / \Oti, -N,, % �`�ago �� 1000-102-03- / 1 - ROA PROPERTIES LLC,29950 RT 25,CUTCHOGUE,NY 11935 v% 4, ' 2 - ELIZABETH MURPHY,3637 COX NECK RD. MATTITUCK,NY 11952 O ` / 00 5.1 - CAROL o 7p • ANN SENDLEWSKI,Al l OSEORNE AVE.RIVERHEAD,NY 11901 / V / C.:2 • 0� �L� , 6 - MR.WILLIAM GILDERSLEEVE, 165 PEQUASH AVE,CUTCHOGUE,NY 11935 ♦ a� �0�'' �0 7 -LUZ EDITH ROJAS,30100 RT 25,CUTCHOGUE,NY 11935 / 0''� i0 8 -MARGARETE SCHARADIN,PO BOX 364,CUTCHOGUE,NY 11935 / OQ 9 -STATE OF NEW YORK OFFICE BLDG.,250 VETS MEM.HWY,HAUPPAUGE NY,11788 / / o �O o0p 0� 0�, 10 -BARBARA JOAN LUTZ,29500 RT 25,CUTCHOGUE,NY 11935 �� Ngo 1000-102-06- � �/ / • - 23.1 - ANN H.THOMPSON,29330 RT 25,CUTCHOGUE,NY 11935 Are' 00 , 0� 1000-103-01- y o � e N 4) 5 - RICHARD GIBBS,30690 RT 25,CUTCHOGUE,NY 11935 1 ep ° \� ro ' o 6 -LEONARD GREEN,PO BOX 1002,MATTITUCK,NY 11952 y. 0 7 -METHODIST EPISCOPAL CHURCH,PO BOX 1286 CUTCHOGUE,NY 11935 0� O p 9.1 -CORCHAUG SEAFOOD INC.,285 STILLWATER AVE.,CUTCHOGUE,NY 11935 et, ' *10) --V A) ' 'Zs A\ c \O \0� O� 1000 103-07- D0 A. 41 ��ti F��` 00 0 �° l -MARGERY AUERBACH,PO BOX 208,CUTCHOGUE,NY 11935 �' \° \0° 0 2 -LOUIS DEMERTZIS,310 STILLWATER AVE,CUTCHOGUE,NY 11935 - 3 -GEORGE BRESLER 430 STILLWATER AVE,CUTCHOGUE,NY 11935 i/ O� P� 6.1 -PETER SCHOTT,PO BOX 49,CUTCHOGUE,NY 11935 i 4, / ,O 1 a O N.'4 • 26 -ALFRED TRODIA LIVING TRUST,PO BOX 236,CUTCHOGUE,NY 11935 �� /qq, SROe P�° �Oti N oj �0 27.1-CHES'T'ERAYOUSIK JR.595PEQUASHAVE.,CUTCHOGUE,NY 11935' Q h ��• 2276.2i 7.2-KAREN KOWALSKI,565 PINE NECK RD.,SOUTHOLD,NY 11971 / p 0 2 28 -CHRISTOPHER SHOWALTER,445 PEQUASH AVE.CUTCHOGUE,NY 11935 • ilir 0� 3,• �i0 / /\ .� 2S - r 7,NNT7'F :7'.. 3i•i PEQUASh AVC.,CUTCHOGUE,NY 11935 �� f ,, yp <z> N..,�Q� ��b \, O 30 -DAVID COUGHLIN,PO BOX 476,CUTCHOGUE,NY 11935 Fs2 �� -'9' F th • 31 DEBORAH GILDERSLEEVE,PO BOX 460,CUTCHOGUE,NY 11935 „ / it / / �, ,yh ,y 32.1 STEPHEN DECK R,530 STILLWATER AVE.,CUTCHOGUE,NY 11935 y. N. oo• ,� Off' '9L 1000-103-11- • �/ Q Fm�• <<i49 2 -CHARLES RAUCH,3820 TIANA ST.,SEAFORD,NY 11783 / try 3 -AMY HILL, _570 PEQUASH AVE.,CUTCHOGUE,NY 11935 <1534 -AE VM WOELKF,R,660 PEQUASH AVE.,CUTCHOGUE, NY 11935 40 1.2 -WICKHAM'S FRUIT FARM,PO BOX 928,CUTCHOGUE,NY 11935 !/ O� n� 0 / 0/ p �0 .> / 0 : o • ' o: 0p00' ' °� �� 0/Q, �o 0P - °� O� / MAP FOR ZONING CHANGE ' / - ° \ • • RICH'S QUALITY AUTO REPAIR 4P 0/ _, °° o°` AT CUTCHOGUE ,oma - ,\° o TOWN OF SOUTHOLD 0d9 F°`'� SUFFOLK COUNTY, N. Y. 0 \ 5F 1000 - 102 - 03 - 01 if �? 6 Scale: 1" = 100' °���� JULY r5, 2010 \oN opo �GCF P.C6 C,Y `s mss' -er.,Ni SUFFOLK COUNTY SECTION d BLOCK LINE ``' `'t:!:!".,.':: : -2' ° OWNER' • r` .,(, :d ZONING DISTRICT LINE RICH BOZSNYAKS � y. --j D DWELLING 29950 R EROA 25 PROPERTIES LLC(P.O. BOX 320) /i' / _ ��- : t'^ / i a.N.,Y. S.A1C/N0. 4961 CUTCHOGUE, N.Y. jti. B * BUILDING • CONIC S� ' YORS,'P C. 11935 (6311 765 - 5020 FAX (6311 765 - 1797 G R GARAGE P. 0. BOX 909 1230 TRA VEL ER STREET SOUTHOLD, N.Y. 1/97/ IO-162 0 . OFFICE / SURVEY OF PROPERTY N AT CUTCHOGUE j. .-/ / TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-102-03-01 II / SCALE: 1'=20' JULY 6, 2010 /_\ J • /)/// / // ��� /�(0/ ,i' ��� s e� `res '�� / ; 4,,,,,,„„tz 4,Qfritte '4- c,f)1 L / _ _.__ .5.. ,p.)7.i. / / TARES �t / ?fie. 00NE^0 vp,.' eeivct r ,a4r i, N4'4, N „...____tL: A6.ri2.ii 0z..6s i5G.i,*.i..-i., \\,_'__._ +//6:.X• --:.:.1.\*'+' _s q,c )„5 ,s .1<, >\ r, a...e)..,.v r,t.q, /\. fey �� /�� "�� �� / / i:1 546, w 5 i. +\ \ 1 //,‘4, 41u4' iv 41- .. s it" /is 00 �� \ 4,,' 6t-py\0 43.N. opt. �0 O� +\+ds.), O OO. \ tO4_ -b ,,):/ 4 A, 0gt .4_ .s. \. c) .6:. ( \ 6 a �`�' + ^�/ 4 .4) tic -1,--„ + \`\ 4? �. \ IV �, ��+ *sem, 4; +\+ \\\ .74 / 4) et / / / 5��,0 \�(�0. ,aS ..0:\\.,... +/+°ji /_._; J .1? .k .:2, , . k 1. /SI 45 4/ e \ i / . ..IF' i / ir 0' A Cr .c /+ it q((;65 / t. 1 % \ t• / ,,,,,e , , . ,i. , + -1-N / /64, N-i-\ 464:- \+\/+,ic +/ e•4 j ti�s� +\\4 +/ J� Nr oo4+\\+ +/ l‹,P� +\ NI 4-\\ -I\ ,S\,- -i-\\.;_$">, \ v ti s\\+\\ ks x of \ .... , v_ m 4. 4�6) +\\+\ nor 'Ague ,;-\\4\ +\\+ �h0 44%00.(5:9, \\N e „:„s e '9 JlJ \+ r\ C" 4-\+ \\ 0. -t- ry Fy r e `A"Pt��ET> ��t> 6`\ n 0 999 f • • ',1:, :s.v,--,,z--z... e ) AREA=37421 SQ. FT. >/ y'/AF S 4 Or r,AN.'Y LIC. NO. 49618 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A W0LATION /1'ECONIC ,' 'ORS, P.C. OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. (631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS P,O. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR PIE IMPRESSED SEAL OF THE SURVEYOR 1230 TRA t' LER STREET ,10_�6� WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971