HomeMy WebLinkAbout1000-141.-4-26 & 32.1SCALE 1"=600'
SUBJECT-
PREMISES
5
g~ABI~
LOT 1
o
S 89'06'20" W
P~OPOSED LOT 2
SC. TAX No 1000 141 04 52.1
~/o/~
MAT~TUCK
PRESBYTER~N CHURCH
CEMETERY
N/O/E
BETHANY CEMETERY
406¸
79 ·
393.47'
91¸
O8'
43-/''/5'
APPROVED BY
PLANNING BOARD
TOWN OF SOUTHOLD
DATE MAY 1 0 2gl~
LOT LINE MODIFICATION MAP
OF PROPERTY
SITUA T£
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-141-04-26
S.C. TAX No. 1000-141-04-32.1
SCALE 1
FEBRUARY 2, 2010
JULY 30, 2010 REVISE PROPOSED PROPERTY LINE
dANUARY 14, 2011 ADDED LOT COVERAGE
AREA DA TA
I S.C. TAX No. 6,683 sq. fi. AREA TO BE TRANSFERRDD 17,964 sq. ff.
FROM 1000-141-04-32,1 PROPOSED LOT 1
1000-141-04-26 0,153 ac. TO 1000-141-04-26 0.412 ac.
11,627 sq, fi,
S.C. TAX No, 11~,809 sq. ff. 0.267 ar. PROPOSED LOT 2 102,528 sq. ft.
1000-141-04-32.1 2.613 ac. AREA TO BE TRANSFERRDD 2,354 ac,
FROk~ 1000-141-04-26
TOTAL 120,492 sq. ff. TO 1000-141-04-s21 TOTAL 120,492 sq.
346 sq,
BUILDING LOT COVERAGE
% LOT COVERAGE
DESCRIPTION AREA EXISTING PROPOSED
LOT 1 LOT 1
THEATER BUILDING 3,273 sq. ff. 49.0% 18.2%
BY
THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED
BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD ~Y RESOLUTION
OF APPROVAL DATED
CHAIRMAN PLANNING E~OARD
I HEREBY CERTIFY THAT THIS MAP WAS MADE
BY US FROM ACTUAL SURVEYS COMPLETED
FEBRUARY 2, 2010 AND THAT ALL CONCRETE
MONUMENTS SHOWN THUS · HEREON
ACTUALLY EXIST ANB THEIR POSIT~ON$ ARE
CORRECTLY SHOWN ANB ALL DIMENSIONAL
AND GEODETIC DETAILS ARE CORRECT
~c No 50457
Nathan Taft Corw n III
Land Surveyor
Successor To
PHONE (631)727-2090
Stanley J Isaksen, Jr LS
Joseph A Ingegno LS
Fax (631)727 1727
PO Box 16
29 215A
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southo]d, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southo]d, NY
Telephone: 631 765-1938
Fax: 631 765-3136
May 8, 2012
Karen A. Hoeg, Esq.
P.O. Box 9398
Riverhead, NY 11901
Re:
Final Approval: Re-Subdivision (Lot Line Change) for North Fork Community
Theater
Located at 12700 Sound Avenue, Mattituck
SCTM#1000-141-04~26 & 32.1 Zoning District: HB
Dear Ms. Hoeg:
The Southold Town Planning Board adopted the following resolutions at a meeting held
on Monday, May 7, 2012:
WHEREAS, this proposed Lot Line Change will increase SCTM#1000-141-04-26 from
0.15 acres to 0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to
2.35 acres; and
WHEREAS, an application for a Lot Line Modification was submitted on November 22,
2010 by the applicant's agent, Reza Ebrahimi, for the property located on the south side
of Sound Avenue, 197.02' east of Pacific Street, Mattituck, SCTM#1000-141-04~26 &
32.1, in the HB Zoning District; and
WHEREAS, on October 17, 2012, the Southold Town Planning Board granted
Conditional Final Approval on the maps entitled "Lot Line Modification Map of Property
situate Mattituck", dated February 2, 2010 and last revised January 14, 2011, prepared
by Nathan Taft Corwin, III, Land Surveyor, subject to conditions; and
WHEREAS, on April 2, 2012, the agent submitted draft deeds; and
WHEREAS, at the April 23, 2012 Work Session the Planning Board accepted the
submitted draft deeds; and
WHEREAS, all the conditions of Conditional Final Approval have been met; be it
therefore
North Fork Community Theater PaRe Two May 8, 2012
RESOLVED, that the Southold Town Planning Board grants Final Approval on the
maps entitled "Lot Line Modification Map of Property situate Mattituck", dated February
2, 2010 and last revised January 14, 2011, prepared by Nathan Taft Corwin, Ill, Land
Surveyor, and authorizes the Chairman to endorse the map.
Please submit a copy of the recorded deed to the Southold Town Planning Department
within 62 days of the date of Final Approval, or such approval shall expire and be
considered null and void.
Please Note: The Southold Town Planning Board, in waiving the requirement for
SCDHS approval prior to their own approval, is simply waiving a technical requirement
of Final Plat Approval under the Town Code and makes no representations as to
whether SCDHS approval is required. SCDHS approval of this Lot Line Change may be
necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible
for future construction or renovations.
Enclosed is a copy of the map which has been endorsed by the Chairman.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Donald J. Wilcenski
Chairman
Encl.
cc: Assessors
Building Dept.
I understand that Southold Town Planning Board approval of this Lot Line Modification
does not grant, guarantee or waive an approval, if required, from the Suffolk County
Department of Health Services (SCDHS). I understand that I will need to apply
separately to the SCDHS for any applicable approvals.
~S|g~at~'{e o{ ~ I~nt (~l~licant's A~nt
RICHARD A. EHLERS, ESQ.
456 Griffing Avenue
Riverhead, NY 11901
631-727-4100
November 8, 2012
Donald J. Wilcenski, Chairman
Southold Town Planning Department
P.O. Box 1 179
Southold, NY 11971
RE:
Extension of the Required 62 Day Recorded Deed: Re-Subdivision
(Lot Line Change) for North Fork Community Theater
Located at 12700 Sound Avenue, Mattituck
SCTM #1000-141-4-26 & 32.1 Zoning District: HB
Dear Chairman Wilcenski:
Pursuant to Planning Board Resolution dated May 7, 2012, enclosed please find a
copy of the recorded confirmatory deed. Said deed was recorded in the Suffolk County
Clerk's office on October 1, 2012 in Liber D00012706 at page 795.
I would like to take this opportunity to thank your board and staff for your
assistance in the subdivision process which permitted the sale of the theater building by
the Church to the North Fork Community Theater.
Thank you for your attention.
RICHARD A. EHLERS
RAE
Enc.
cc: Karen Hoeg, Esq.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
Number of Pages: 5
Receipt N~m~er : 12-0112647
TRANSFER TAX NUMBER: 12-04738
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
141.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
10/01/2012
08:30:52 AM
D00012706
795
Lot:
026. 000
Received the Following Fees For Above Instrument
Exempt
Page/Filing
COE
EA-CTY
TP-584
Cert. Copies
Transfer tax
TRANSFER TAX NUMBER:
THIS
$25
$5
$5
$5
$0 00
$o oo
00 NO Handling
00 NO NYS SRCHG
00 NO EA-STATE
00 NO Notation
NO RPT
NO Comm. Pres
Fees Paid
12-04738
PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$20.00
$15.00
$250.00
$0.0o
$12o.oo
$o.0o
$445.00
Exempt
NO
NO
NO
NO
NO
NO
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
31
Deed / Mortgage Tax Stamp
FEES
Page / Filing Fee
Handling 20. 00
TP-584
Notation
EA-52 17 (County)
Sub Total
Comm. of Ed.
Affidavit
Certified Copy
5. 00
NYS Surcharge
Other
15. 00
Sub Total
Grand Total (-//4/¢
[000
4 D~st.
Real Prope~
Tax Service
Agency
Verification
12022773 zooo x4zoo o4oo o2~ooo
1000 14100 0400 032003
6
8
Satisfactlons/JalScnargest~xezeas~s [,z~t rmpcrcy ,ownc~ r~ttlJa[lg Address
RECORD & RETURN TO:
Richard Ehlers, Esq
456 Griffing Avenue
Riverhead, NY 11901
Mail to: Judith A. Pascale, Suffolk County Clerk ]C7o[
3t0 Center Drive, Riverhead, NY 11901 . Name
www. suffolkcountyny, gov/clerk [ Title #
This page forms part of the attached
RECORDED
2012 Oc~ Ol 08:30:52
JUDITH A, PRSCALE
CLERK OF
SUFFOLK COUNTV
L O00012706
P 795
BT# 12-04738
/ Filing Stamps
e Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec JAssit.
or
~pec./Add. __
TOT. MTG. TAX
Dual Town __ Dual County.__
Held for Appointment
Transfer Tax O
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
5 Community ,Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
TO
TD
TD
Title Company Information
o?- 77o ,- '7.s'7o
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
In the TOWN of
In the VILLAGE
or HAMLET of
OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
made by:
NY 005 - Bargain and Sale Deed with Covenant against Gran~or's Acts Individual or Corporation (Single Sheet) (NYBTU 8002)
CONSULT YOUR LA~gER BEFORE SIGNING '11~1~ I~STRUMENT - ~ INSTRIJlV~,NT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, madethe [~' dayof 'N~°~I;~'~t~ l}tO~_ ,intheyear 2012
BETWEEN
MATTITUCK PRESBYTERIAN CHURCH~ain Road, New York 11952
party of the first part, and /)'k4'rri'/'u CK
MATTITUCK PRESBYTERIAN CHURCH, Main Road, New York 11952
party of the second part,
WITNESSETFI, that the party of the fu'st part, in consideration of Ten Dollars a~d other, vaiuable 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 o f
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 Description attached as Exhibit B ("Retained Church Parcel")
RESERVING UNTO GRANTOR and its heirs, successors and assigns, an unobstructed right
of way for vehicular access from Old Main Road a/k/a Sound Avenue to other property of
Grantor known as Lot 2 of the Map Entitled "Lot Line Modification Map of Property situate
Mattituek' dated February 2, 2010 and last revised January 14, 2011 prepared by Nathan Taft
Corwin III Land Surveyor more particularly described as Exhibit A ("Theater Parcel").
Subject to a temporary subsurface easement to maintain the existing sanitary system which
encroaches on property of Grantor benefitting tile Parcel described as Exhibit A "Theater
Parcel". This temporary easement shall terminate in the event that the sanitary system shah
fat and upon termination, Grantee shah abandon such sanitary system in accordance with the
rules and regulations of the Suffolk County Department of Health.
The Southold Town Planning Board approved this lot llne modifieation~ by resolution on
This deed is a Con~rmation Deed.
TOGETHER with ail fight, title and interest, if any, of thc party of thc first part of. 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
par~y of the furst part in and to said premises: TO HAVE AND TO HOLD the premises hercth granted onto the party of the
second pan, thc heirs or successors and assigns of thc party of thc second pan forever.
AND thc party of thc fu'st part covenants that thc par~ of the first part has not done or suffered anything whereby the said
premises have been incumbered in any way whatever, except as aforesaid.
AND the party of thc f]rst part, in compliance with Section 13 of thc Lien Law, covenants that the party of thc first part will
receive the consideration for this conveyance and will hold the right to receive such consideration as a ~'~st fund to be applied
fh'st for thc purpose of paying thc cost of the improvement and will apply thc same fn'st to the paymant of thc cost of thc
improvement before using any part of thc total of thc same for any other purpose.
The word "party'~ shall be construed as if it read "parties" whenever the sense of th~s indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.
(2hairperson, Board of rustees/
~, SEA CI~OWI~Z~G~ FORM BELow ~ NEW YORK ST-4~ ONL¥:
Stat~ ofNe~ York~ County of ._~ cc~-4~ [ r } ss,:
On the ig day of ~-~'T- in the year~ la. ,
before m~.the undersigned, pe~onally appeared
personally known to me or proved to me 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), and that by his/her, tiheir
signalure(s) on the insmunent, the individual(s), or the person upon
A CgNOWLEDGMENT FORM FOR USE WII IttN NEW YoRK STATE ONLE.
[New York Subscribing Wimess Acknowledgment Certificate]
State of New York, County of } ss.:
On the day of in the year
before me, the undersigned, personally appeared
the subscribing witness to the foregoing inslymnen~, with whom I an~
personally acquainted, who. being by me duly sworn, did depose and
say that he/she/they reside(s) in
(if the place of residence is in a city, include the street and street numbe~',
if any, thereof)~ that he/she/they know(s)
to be the individual described in and who executed the foregoing.
instrument; that said subscribing witness was present and saw said
execute the same; and that said witness at the same time subscribed
his/her/their name(s) as a wimess thereto.
Us~ ACEVO~ FORM BELoW wa mN NEW YOrK STATE ONL ¥:
State of New York, County of } ss.:
Onthe dayof in the year
before me, the undersigned, pexsunally appeared
persona/ly known to me or proved to me 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/shefthey executed
the same in his/her/their capacity(ica), and that by Ms/her/their
signalure(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
ACKNOWLEDGMENT FORM FOR USE OOTSIZ)E NEW YoRK STATE ONLY:
[Out of State or Foreign General Aclmowledgment Certificate]
.................................................. ss.*.
(Complete Venue with State, Country, Province or Municipality)
On th~ day of in the year
before me, the undersigned, personally appeared
personally known to m~or proved to me on the basis of safisfactor~
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(ica), that by his/her/their signature(s)
on the instrument, the individual(s), or the person upon behalf of which
the individeal(s) acted, executed the instxument, and that such individual
made such appearance before the undersigned in the
(Insert the city or other poli~cal subdivision and the state or country or
other place the acknowledgment was taken).
TITLE NO,
BARGAIN & SALE DEED
MATTITUCK PRESBYTERIAN CHURCH
TO
MATTITUCK PRESBYTERIAN CHURCH
FIDELITY NATIONAL TITLE
OINSURANCE COMPANY
· 'c~K~ ~ Fidelity .~g~/'
D1STPdCT p/o 1000
SEC'nON 141
BLOCK 4
LOT 32.1
COUNTY OR TOWN Southold
RECORDED A T REQUEST OF
Fidelity National Title Insurance Company
RETURN BY MAIL TO
Richard A. Elders, Esq.
456 GrilTmg Avenue
Riverhead, NY 11901
EXHIBIT A (THEATER PARCEL)
Fidelity National Title Insurance Company of New York
TITLE NO. F09-7404-75704SUFF
SCHEDULE A-1 (Description)
AMENDED 9/18/12
ALL that oertein plot, piece or parcel of land, situate, lying and being in the Village of Mattituok, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Sound Avenue distant 197.02 feet from the comer formed by the
intersection &the southerly line of Sound Avenue with the easterly side of Pacific Street;
THENCE North 77 degrees 45 minutes 00 seconds East along the southerly side of Sound Avenue, 90.7~4 feet, to a
monument;
RUNNING THENCE still along tho southerly side &Sound AvenueNorth 77 degrees 00 minutes East, 47.32 feet;
RUNNING TI-~NCE South 6 degrees 58 minutes 30 seconds East, 130.00 feet;.
RUNNING THENCE SOUth 77 degroas 00 minutes West, 138.88 feet;
RUNNING THENCE North 6 degrees 40 minutes l0 seconds West, 131.27 feet to the southerly side of Sound Avenue,
the point or place &BEGINNING;
THE POLICY TO BE ISSUED under this commttment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONL E' Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adJoining sald pronises.
$CHED~J£E A-I (Description)
EXHIBIT B ("Retained Church Parcel")
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town
of Southold, County of Suffolk and The State of New York, bounded and described as
follows:
BEGINNING at the comer formed by the intersection of the southerly side of Sound
Avenue (North Road) and the westerly side of Main Road (S.R. 25),
RUNNING thence South 14 degrees 27 minutes 25 seconds West along the westerly side
of Main Road (S.R. 25), 297.28 feet to a point and the land now or formerly of Bethany
Cemetery Association;
RUNNING thence along the North and West lines of land now or formerly of Bethany
Cemetery Association the following two (2) courses and distances:
(1)
(2)
South 89 degrees 06 minutes 20 seconds West, 393.47 feet to a point;
South 06 degrees 50 minutes 00 seconds East, 66.68 feet to a point and
land now or formerly of Radiant Gems, LTD.;
RUNNING thence South 73 degrees 16 minutes 50 seconds West along the northerly line
of land now or formerly of Radiant Gems, LTD., and Bryan Drago and Marissa Drago,
75.14 feet to a point marked by a concrete monument and land now or formerly of the
Town of Southold;
RUNNING thence North 06 degrees 40 minutes 10 seconds West along the easterly line
of land now or formerly of the Town of Southold, 123.91 feet to a point and land now or
formerly of The Mattituck Presbyterian Church;
RUNNING thence along the northerly line and through land now or formerly of The
Mattituck Presbyterian Church the following two (2) courses and distances:
(i)
(2)
North 77 degrees 00 minutes 00 seconds East, 138.88 feet to a point;
North 06 degrees 58 minutes 30 seconds West, 130.00 feet to a point
along the southerly side of South Avenue (North Road);
RUNNING thence North 77 degrees 00 minutes 00 seconds East along the southerly side
of Sound Avenue (North Road), 437.75 feet to the point or place of BEGINNING.
51 Hill Street
Twomey, Latlt~am,
Shea, Kelley, Dubin & Quartararo LLP
A · T O R N E Y S A k A W
NOV - 7 2012
MAILING ADDRESS:
Post Office Box 9398
Riverhead, New Yt~rk 1 I901-9398
MAIN OFFICE:
33 West Second Street
Rivethead, New York 11901-9398
Telephone: 631.72Z2180
Facsimile: 631.727.1767
www.suffolkiaw.com
khoeg~suffolklaw.com
Direct Fax: 631.727.2385
November 6, 2012
Via Certified Mail, ~RR.._R.
Donald J. Wilcenski, Chairman
Southold Town Planning Department
P.O. Box 1179
Southold, New York 1197I
Re:
Extension of the Required 62 Day Recorded Deed: Re-Subdivision
(Lot Line Change) for North Fork Community Theater
Located at 12700 Sound Avenue, Mattituck
SCTM # 1000-141-4-26 & 32.1 Zoning District: HB
Dear Chairman Wilcenski:
Pursuant to Planning Board Resolution dated May 7, 2012, enclosed please
find a copy of the recorded deed. Said deed was recorded in the Suffolk County
Clerk's office on October 1, 2012 in Liber D00012706 at page 796.
Thank you for your attention.
Very truly yours,
Karen A. Hoeg~
KAH:~,
Enc.
cc:
R. Ehlers, Esq. (w/enc.)
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
September 18, 2012
Karen A. Hoeg, Esq.
P.O. Box 9398
Riverhead, NY 11901
Re:
Extension of the Required 62 Day Recorded Deed: Re-Subdivision (Lot Line
Change) for North Fork Community Theater
Located at 12700 Sound Avenue, Mattituck
SCTM#1000-141-04-26 & 32.1 Zoning District: HB
Dear Ms. Hoeg:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, September 17, 2012:
WHEREAS, this proposed Lot Line Change will increase SCTM#1000-141-04-26 from
0.15 acres to 0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to
2.35 acres; and
WHEREAS, on May 7, 2012, the Southold Town. Planning Board granted Final Approval
on the maps entitled "Lot Line Modification Map of Property situate Mattituck', dated
February 2, 2010 and last revised January 14, 2011, prepared by Nathan Taft Corwin,
Ill, Land Surveyor, and authorized the Chairman to endorse the map; and
WHEREAS, the applicant was required to submit a copy of the recorded deed to the
Southoid Town Planning Department within 62 days of the date of Final Approval or
such approval shall expire and be considered null and void; and
WHEREAS, on June 26, 2012, the agent submitted a letter requesting an extension of
sixty (60) days for the requirement of submitting recorded deeds to the Southold Town
Planning Department; and
WHEREAS, the Southold Town Planning Board granted a Sixty (60) Day Extension of
the requirement to submit a copy of the recorded deed to the Southold Town Planning
Department within 62 days of the date of Final Approval; and
North Fork Community Theater Pa.qe Two September 18, 2012
WHEREAS, on September 11, 2012, the agent submitted a letter requesting an
extension of sixty (60) days for the requirement of submitting recorded deeds to the
Southold Town Planning Department due to Supreme Court approval issues; be it
therefore
RESOLVED, that the Southold Town Planning Board grants a Sixty (60) Day
Extension of the requirement to submit a copy of the recorded deed to the Southold
Town Planning Department within 62 days of the date of Final Approval. This extension
is granted for 60 days from the date of this resolution.
Please submit a copy of the recorded deed to the Southold Town Planning Department
within 60 days of the date of this resolution or such approval shall expire and be
considered null and void.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Donald J. Wilcenski
Chairman
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED
Number of Pages: 6
Receipt Number : 12-0112647
TRANSFER TAX NUMBER: 12-04739
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
141.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
$465,000.00
10/01/2012
08:30:52 AM
D00012706
796
Lot:
026. 000
Received the Following Fees For
Page/Filing $30.00
COE $5.00
EA-CTY $5.00
TP-584 $5.00
Cert. Copies $0.00
Transfer tax $1,860.00
TRANSFER TAX NUMBER: 12-04739
THIS PAGE
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO EA-STATE
NO Notation
NO RPT
NO Comm. Pres
Fees Paid
IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Exempt
$20.00 NO
$15.00 NO
$250.00 NO
$0.00 NO
$120.00 NO
$6,300.00 NO
$8,610.00
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
31
Page / Filing Fee
Handling 20. 00
TP-584 <-~
Notation
EA-52 17 (County)
EA-5217 ~
Comm. of Ed.
Affidavit
Certified Copy
Deed / Mortgage Tax Stamp
FEES
Sub Total
NYS Surcharge 15. 00 Sub Total
Other [/
Grand Total
4 D~st. -"
~2022114 xooo zazoo o4oo o2~ooo
~000 ~4~00 0400 032003
Real Property ./"~' ',..
Tax Service (~D~ A)
Agency
Verification
Satisfactions/~J~scharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Twomey, Latham, Shea, Kelley, Dubin &
Quartararo, LLP
Attn Christopher Kelley, Esq
P O Box 9398
Riverhead, NY 11901-9398
Recolding / Filing Stamps
Mortgage Amt.
I. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add. __
TOT. MTG. TAX
Dual Town Dual County.__
ntment
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # __ of this instrument.
5 [ Community Preservation Fund
Consideration Amount $
Improved
Vacant Land
TD
TD
6
8
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name
www. suffolkcou ntyny, gov/clerk Tire#
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~.~ ~ made by:
(SPECIFY TYPE OF INSTRUMENT)
./~7-T'iTc. tCt~ /OF~$~o~t'~ ~.R,~ The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO
In the TOWN of
In the VILLAGE
or HAMLET of //~,~l'?--r i T~ ¢ ~
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
o~o~ ~o~0~,k (over)
NY 005 - Bargain and Sale Deed with Covenant against Gramor's Acts Individual or Corporation (Single Sheet) (NYBTU 8002)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT - Tills INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
BETWEEN /1~1~ · il*~ ¢ ~:
MATTITUCK PRESBYTERIAN CHURCH, Main Road, New York 11952
party of the first part, and
NORTH FORK COMMUNITY THEATRE, a not-for-profit corporation, with address at
Sound Avenue, Mattituck, NY 11952 '
party of the second part, . .
WITNESSETH, that the party of the tn'st pact, in consideration of Ten Dollaxs and other valuable cons~deratmn paid by the
party of the second part, does hereby grant and rele:~se unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever,
ALL that eermin plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the
;ee Description attached as Exhibit A ("Theater Parcel")
Along with a temporary subsurface easement to maintain the existing sanitary system which
encroaches on property of Grantor. This temporary easement shah terminate in the event that
and upon te ,
the sanitary system shah fall - rmlnafion Grantee shah abandon such sanitary
system in accordance with the rules and regulations of the Suffolk County Department of
Health.
RESERVING UNTO GRANTOR and its heirs, successors and assigns, an unobstructed right
of way for vehicular access from Old Main Road a/kda Sound Avenue to other property of
Grantor known as Lot 2 of the Map Entitled "Lot Line Modification Map of Property situate
Mattituck' dated February 2, 2010 and last revised January 14, 2011 prepared by Nathan Taft
Corwin III Land Surveyor more particularly described as Exhibit B ("Retained Church
Parcel"). Grantee may relocate this Right of Way through site plan approval granted by the
Town of Southold.
The Southold Town Planning Board approved this lot line modification by resolution on
May 7, 2012.
TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the
above-described premises to the center hnes thereof; TOGETHER with the appurtenances and all the e~tate and rights of the
party of the fa'st part in and to said premises; TO HAVE AND TO HOLD the premises hereth 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 tn'st part covenants that the party of the first part has not done or suffered anything whereby the said
premises have been incumbered 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 tiffs conveyance and will hold the right to receive such consideration 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" shah be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WIIEREOF, the party of the first part has duly e~)~cuted this deed the day and year first above written.
T.~ '~"~/ ~ Chairperson, Board of Trustees/~b~-'r ¢.
[]SE ACKNOWLEDGMENT FORM BELOW WITHfiV NEW YORK STATE ONLY:
State of New York, County of ~ff-'[/(- }ss.:
On the [~'/day of .,.~aT~- in the year d,')o la
before me, the underSjl~ed, personally appeared
'J obe -rt: r,n r ,
personally known to me or proved to me on the basis of satisfactory
evidence to be the Lndividual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/sbe/they executed
the same in h/s/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
ACKNOWLEDGMENT FOP. M FOR USE WITHIN NEW YORK STATE ONLY:
[New York Subscribing Wimess Acknowledgment Certificate]
State of New York, County of } ss.:
On the day of in the year
before me, the undersigned, personally appeared
the subscribing wimess to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly sworn, did depose and
say that he/she/they .reside(s) in
(if the place of residence is in a city. include the street and street number.
if any. thereof); that be/she/they know(s)
to be the individual described in and who executed the foregoing
instrument; that said subscribing witness was present and saw said
execute the same; and that said witness at the same time subscribed
his/her/their name(s) as a witness thereto.
USE ACIOVOWLEDGMENT FORM BELOW ~ NEW YORK STATE ONL Y:
State of New York, County of } 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 satisfactor~
evidence to be the individual(s) whose name(s) is (are) subscribed to the
w/thin insUmment and acknowledged to me that he/she/they executed
the same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instmment~ the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
ACKNOWLEDGMENT FOPO/t FOR USE OcrrstDE NEW YORK STATE ONLE'
lOut of State or Foreign General Acknowledgment Certificate}
.................................................. }Sq.:
(Complete Venue with State. Country, Province or Municipality)
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 safisfactor)
evidence m be the individual(s) whose name(s) is (are) subscribed to the
within insmnnent and acknowledged to me that he/she/they executed
the same in his/her/their capacity(les), that by his/heft their signature(s)
on the insU'ument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument, and that such individual
made such appearm~ce before the undersigned in the
(ln~ert the city or other political subdivision and the state or country or
other place the acknowledgment was taken).
TITLE NO
BARGAIN & SALE DEED
MATTITUCK PRESBYTERIAN CHURCH
TO
NORTH FORK COMMUNITY THEATRE
FIDELITY NATIONAL TITLE
OINSURANCE COMPANY
'c~,~ r,6 Fidelity _ff¢f~.,,,~/"
DISTRICT plo 1000
SeCTiON 141
BLOCK 4
LOT 32.1 ,~ at.
Country oR Tow~ Southold
RECORDED A r REQUEST OF
Fidelity National Title Insurance Company
RETURN BY MAIL TO
taren Hoeg, Esq.
l'womey, Latham, Shea, Kelley, Dubin
& Quartararo LLP
PO Box 9398
Riverhead, NY 11901
EXHIBIT A (THEATER PARCEL)
Fidelity National Title Insurance Company of New York
TITLE NO. F09-7404-75704SUFF
SCHEDULE A-I (Description)
AMENDED 9/18/12
ALL that c, ortain plot, piece or parc, el of land, situate, lying and being in the Village of MaRituck, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly side of Sound Avenue distant 197.02 feet from the corner formed by the
intersection of the southerly line of Sound Avenue with the easterly side of Pacific Street;
THENCE North 77 degrees 45 minutes 00 seconds East along the southerly side of Sound Avenue, 90.74. feet to a
monument;
RUNNING THENCE still along the southerly side of Sound Avenue North 77 degrees 00 minutes East, 47.32. feet;
RUNNING THENCE South 6 degrees 58 minutes 30 seconds East, 130.00 feet;
RUNNING THENCE South 77 degrees 00 minutes West, 138.88 feet;
RUNNING THENCE North 6 degrees 40 minutes 10 seconds West, 131.27 feet to the southerly side of Sound Avenue,
the point or place of BEGINNING;
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CON VEYANCING ONLY' Together with all the right, title and interest of the party of the first part, of In and to the land lying
in the street in front of and adjoining said premises.
SCHEDULE .4 - I (Description}
EXHIBIT B ("Retained Church Parcel")
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town
of Southold, County of Suffolk and The State of New York, bounded and described as
follows:
BEGINNING at the comer formed by the intersection of the southerly side of Sound
Avenue (North Road) and the westerly side of Main Road (S.R. 25),
RUNNING thence South 14 degrees 27 minutes 25 seconds West along the westerly side
of Main Road (S.R. 25), 297.28 feet to a point and the land now or formerly of Bethany
Cemetery Association;
RUNNING thence along the North and West lines of land now or formerly of Bethany
Cemetery Association the following two (2) courses and distances:
(1) South 89 degrees 06 minutes 20 seconds West, 393.47 feet to a point;
(2) South 06 degrees 50 minutes 00 seconds East, 66.68 feet to a point and
land now or formerly of Radiant Gems, LTD.;
RUNNING thence South 73 degrees 16 minutes 50 seconds West along the northerly line
of land now or formerly of Radiant Gems, LTD., and Bryan Drago and Marissa Drago,
75.14 feet to a point marked by a concrete monument and land now or formerly of the
Town of Southold;
RUNNING thence North 06 degrees 40 minutes 10 seconds West along the easterly line
of land now or formerly of the Town of Southold, 123.91 feet to a point and land now or
formerly of The Mattituck Presbyterian Church;
RUNNING thence along the northerly line and thsough land now or formerly of The
Mattituck Presbyterian Church the following two (2) courses and distances:
(1) North 77 degrees 00 minutes 00 seconds East, 138.88 feet to a point;
(2) North 06 degrees 58 minutes 30 seconds West, 130.00 feet to a point
along the southerly side of South Avenue (North Road);
RUNNING thence North 77 degrees 00 minutes 00 seconds East along the southerly side
of Sound Avenue (North Road), 437.75 feet to the point or place of BEGINNING.
SURVEY OF PROPERTY
SITUATE
MATTITUCK
TOWN OF SOUTHOLD
suFrOLK COUNTY, NEW YORK
S.C, TAX No. 1000-141-04-26
1000-141-04-P/0 52.1
SCALE 1 "=20'
OCTOI~FR 4, 2009
AREA = 17,964 sq. 0.412
NORTH FORK COMMUNIT~ THEATER
FIDELITY NATIONAL TII'LE INSURANCE COMPANY
90
Nathan Taft Corwln III
Land Surveyor
.58,'
~SF~10-~01~ 15:06 F~m:TWOMEY-L~TH~M
6317272~85
Latham,
SMa,' Kelley, Dubin & Quartararo
To: 97653136 P.
Riverhesd, N~ York 11%1-9398
Ri~rhead~ New %rk
%lephon= 631.727.21~
Fa~imil*: 631.727.1767
g~mion 269
Dir:ct N~: 631.727.238~
September 10, 2012
Via Focs'lm'fle (631) 76.q-3136
Town. of Southold
Plmming Department
PO Box 1179
Southold, NY 11971
Attn: Chalm~an Wilcenski
SEP 11 2012
Extension of the Req~fired 62 Day Recorded Deed: Re-Subdivision
(Lot Line Change) for North Fork Community Theater
LoCated at 12700 Sound Avenue, Mattituck
S~TM # 1000~141-04..26 & 32.1. Zoning District: HB
Dear Chairman Wileenski:
We are writing to request a sixty (60) day extension o£ the requirements to
submit a copy of the recorded deed to the Planning Department. At this time, the
church is waiting on Supreme Court approval on the sale to the Theater. When we
receive approval, we can schedule a closing,
Should you require anythi~tg further, please let ,ne know.
A1 Sabatino
Very truly yours,
K e A. Hoeg / \
! · S~-10-8018 15:06 From:TWOMEY-LATHAM 6317078385 To:97653136 P.1/8
Twomey, 12tham,
Shea, Kelley, Dubin, & Quartararo LLP
33 West Second Street, P.O. Box 9398
Riverhcad, New York ! 1901
Tel: (631) 727-2180
Fax: (631) 727-1767
FAX COVER SHEET
TO FAX NUMBER
Donald J Wilcenski, Chairman (631) 765-3136
FROM: Karen Hoeg, Esq.
TRANSMISSION DATE: September i0, 2012
SUBJECT:
Extension of Required 62 Day Recorded Deed: Re-Subdivision
(Lot Line Change) for North Fork Community Theater
Located at 12700 Sound Avenue, Matt/tuck
SCTM # 1000-141-04-26 & 32.1 . Zonin~ District: HB
NUMBER OF PAGES FOLLOWING THIS COVER SHEET:
IF ANy OF THESE PAOF.,S ARE NOT LEGIBI.E, PLEASE CALL (631) 72%2180,
AND NOTIFY: Donna BIount (x237) ' ~
~This is the only copy you will receive
Original to follow by mail
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
July 10, 2012
Karen A. Hoeg, Esq.
P.O. Box 9398
Riverhead, NY 11901
Re:
Extension of the Required 62 Day Recorded Deed: Re-Subdivision (Lot Line
Change) for North Fork Community Theater
Located at 12700 Sound Avenue, Mattituck
SCTM#1000-141-04-26 & 32.1 Zoning District: HB
Dear Ms. Hoeg:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, July 9, 2012:
WHEREAS, this proposed Lot Line Change will increase SCTM#1000-141-04-26 from
0.15 acres to 0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to
2.35 acres; and
WHEREAS, on May 7, 2012, the Southold Town Planning Board granted Final Approval
on the maps entitled "Lot Line Modification Map of Property situate Mattituck", dated
February 2, 2010 and last revised January 14, 2011, prepared by Nathan Taft Corwin,
III, Land Surveyor, and authorized the Chairman to endorse the map; and
WHEREAS, the applicant was required to submit a copy of the recorded deed to the
Southold Town Planning Department within 62 days of the date of Final Approval or
such approval shall expire and be considered null and void; and
WHEREAS, on June 26, 2012, the agent submitted a letter requesting an extension of
sixty (60) days for the requirement of submitting recorded deeds to the Southold Town
Planning Department; be it therefore
RESOLVED, that the Southold Town Planning Board grants a Sixty (60) Day
Extension of the requirement to submit a copy of the recorded deed to the Southold
Town Planning Department within 62 days of the date of Final Approval. This extension
is granted for 60 days from the date of this resolution.
North Fork Community Theater Page Two July 10, 2012
Please submit a copy of the recorded deed to the Southold Town Planning Department
within 60 days of the date of this resolution or such approval shall expire and be
considered null and void.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Chairman
~U~-2B-2012 12:~7 F~o~:TWOMEWTHAM
Twome¥, Latham,
Shea, Kelley, Dubin & Quartararo u.P
~A? T 0 R NEY S AT LAW
T~7653136
Po*l: Office Box 9398
Ei,.'ethead, NewYork 11901-959§
33 We~t Second S~t
~head, New York 11901,939~
Teiephunm 63L7Z?,21~
~acstmile~ 63t.?Z?.1762
D~t F~: 631.7~,2385
June 26, 2012
V. ia Facshnil~ (631)765-3136
Hcathcr Lanza, Director of Planning
Alyxandra K. Sabatino, Planner
Southold Town Planning Department
53095 Route 25
P.O. Box 1179
Southold, New York 11971
JUN 2 6 2012
Tax Map No.: 1000-141-4-26 & 32.1
Lot Line Modification for the North Fork Community Theater
Located at 12700 Sound Avenue. Matfituek
Dear Ms. I,an~a and l~s. Sabatino,
Pursuant to thc Final Approval issued by the Planning Board on May 8; 2012,
the recorded deed is to be submRted to thc Town Planning Department within 62 days
of Final Approval. We have been advised by our client, North Fork Community
Theater, that Ihey anticipate closing with Mattituck Presbyterian Church sometime ia
August. In this regard, we re~ect_C-ully request an extension of sixty (60) days to
submit a copy of the recorded deed to your office.
Should you have any questions, please feel free to contact me. Thank you/hr
your aO. entlon.
KAg:db
K~ireh A. 1-1oe~ · ~
ce: R. Elders, Esq.
~L~-2~-2012 12:~7 F~o?TWOME~TH~M
~3172723B5
P.1/2
Twomey, ~am~
She~, Kelley, Dubm, ~ ~l~mm~o LLP
33 W~t Second Strcct, P.O. Box 9398
Rivcrbcad, New York 11901
Tel: (631) 727-2180
Fax: (631) 727-1767
FAX COVER SHEET
TO FAX NUMB~R.
Heather Lanza, Director of Planning (631) 765-3136
Aiyxandra K. Sabafino, Planner
FROM: Karen Hoeg, E~q.
TRANSMISSION DATE: June 26, 2012
SUBJECT: Tax Map No.: ! 000-141~;26 & 32.1
Ig ANY OF THESE PA OF.g ARE N(YI' LEGIBLE, I"Lg.~A $ E CALL (631) 727-2180
AND NOTLg'Y: Donna Blount (xZ37)
.~This is the only copy you will receive
~ Original to follow by mail
i~s ~M,~,o,~ IN I~I'KND~I) O~'LY FO~. Tllg U~K OP 1tli INDITI~U.U. OR I~r l'l'Y TO wmcii IT [~ AIIO#~D, ~ MAY L~rI:AI~ [
Sender:
Submission Without a Cover Letter
SCTM#: ,000- / ~//-- ~/-- ~ & 4~ N' i
Comments:
Southold Town P annin.q Board Work Session - Paqe Two - April 23, 2012
........................................Project name: ~ James ..................................... Creek Landing
'"[.~{i~)-r~i ~{-~-~1-~"~-I~'~'"~(~1-; ap_pmx 280' south of New Suffolk Ave, M~i_t_~_c_k
' ........................
1 equals 40,686 sq. ~.; Lot 2 equals 33,007 sq. E.; Lot 3 equals 44,986
sq. ~.; and Lot 4 equals 43,520 sq. ~. in the R-80 Zoning District. Lot 5
equals 77,747 sq.
o
space is e~al to 5.59 acres or 60
Status: Cond t cna Pre m na~ ApEroval
Action: ' _.~y~_~.~ ra~_
'~h~i~ Dra~ LeEer/Staff Repo~
12700 Sound Avenue & 12605 NYS Route 25, MaEituck
Location:
Description:
This proposed lot line change will increase SCTM#1000-141-04-26 (Lot
1)from 6,683 sq. ft. (.153 acres) to 17,964 sq. ft. (.412 acres).
~ SCTM#1000-141-04-32.1 (Lot 2) will decrease from 113,809 sq. ft.
(2.613 acres) to 102,528 sq. ft. (2.354 acres). The application required
Status: i Condit!o_.n__a_[.~!_n_a_! ..A~j3ro_v._al~
-15'~:~i~{--n-~-r~ii Joint Indust~ Bd ~antorini) i SCTM#: i 1000-83-2-17.3
Locat on: 3800 Duck Pond Road, Cutchog. ue
Description: This site plan is for the proposed construction of an 18,000 sq. ft.
meeting/conference facility and intedor alterations of an existing motel,
restaurant, pool and pool house on a conforming 12.3-acre site partially
located in the Resort Residential and Agricultural Conservation Zoning
Districts
_S_t_~_t. _U.S:'' ................... F n_a_l_..P_~_n d__n_g_!_n_.s p e ct i_0..n_
Action: Discuss Final Site Inspec_~!._0..~
Attachments: .
Project name: Mullen Realt,, LP i SCTM#' i 1000-62-3-11 & 12
Location: 40 & 120 Cottage Place, s/e corner of Cottage Place & NYS Rt. 25,
~ Southold
i%~iiFii~)~'i i ¥i~'i~'"'~'~i~d-e~i '~ii~ 'Fi~ i~"'i~ ~ F~F~s~i'"i~'~i~ii~'5' ~ ~i-~ ~ stalls for
i employees and over-flow custOmer parking on a 7,294 sq. ft. parcel in
· i the General Business ~,B) Zoning. District.
Status: i New ...A_ .p~lication
i Act'on i Rev ew for completeness.
~.A_tta~hm~S.:_ ~ Staff Report
Twomey, Lat aam,
Shea, Kelley, Dubin & Quartararo LLP
^ T T 0 R N E Y S A T L A W
MAI[lNG ,AL'DR~S'& 5 ~
Post Otfice Box 9398
Rixerhead. Ne~ Yolk 11901-9398
Rkerhe~d, Neb York 1190/-9398
Telephone: 6317272180
Facsimite: 631727.1767
khoeg~suffolklaw.com
Direct Fax: 631.727.2385
April 11, 2012
By Hand
Heather Lanza, Director of Planning
Alyxandra K. Sabatino, Planner
Southold Town Planning Department
53095 Route 25
P.O. Box 1179
Southold, New York 11971
Re:
Tax Map No.: 1000-141-4-26 & 32.1
Proposed Lot Line Modification for the North Fork Community
Theater
Dear Ms. Lanza and Ms. Sabatino,
Enclosed please find revised draft deeds for the two proposed lots. Attached
to each deed is the site plan showing the lot line modification.
Please advise if anything further is needed and when the matter will be placed
on the Planning Board's calendar for final approval.
~ Karen A. Hoeg d,~
KAH:db
cc: R. Ehlers, Esq.
NY 005 - Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Conporation (Single Sheet) (NYBTU 8002)
CONSULT YOUR LAWYER BEFORE SIGNLNG THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the day of , in the year 2012
BETWEEN
MATTITUCK PRESBYTERIAN CHURCH, Main Road, New York 11952
party of the f'irst part, and
NORTH FORK COMMUNITY THEATRE, a not-for-profit corporation, with address at
Sound Avenue, Mattituek, NY 11952 '
party of the second part.
WITNESSETH, that the party of the fa'st part, in consideration of Ten Dollars a~d 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 Description attached as Exhibit A ("Theater Parcel")
Along with a temporary subsurface easement to maintain the existing sanitary system which
encroaches on property of Grantor. This temporary easement shall terminate in the event that
the sanitary system shall fail and upon termination, Grantee shall abandon such sanitary
system in accordance with the rules and regulations of the Suffolk County Department of
Health.
RESERVING UNTO GRANTOR and its heirs, successors and assigns, an unobstructed right
of way for vehicular access from Old Main Road adk/a Sound Avenue to other property of
Grantor known as Lot 2 of the Map Entitled "Lot Line Modification Map of Property situate
Mattituck" dated February 2, 2010 and last revised January 14, 2011 prepared by Nathan Taft
Corwin III Land Surveyor more particularly described as Exhibit B ("Retained Church
Parcel"). Grantee may relocate this Right of Way through site plan approval granted by the
Town of Southold.
The Southold Town Planning Board approved this lot line modification by resolution on
TOGETH3ER with all right, title and interest, if any, of the party of the first part of, 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 the flint part has not done or suffered anything whereby the said
premises have been incumbered 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 consideration 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 indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.
IN PRESENCE OF:
Chairperson, Board of Trustees
EXHIBIT A ("Theater Parcel")
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town
of Southold, County of Suffolk and The State of New York, bounded and described as
follows:
BEGINNiNG at a point along the southerly side of Sound Avenue (North Road) at the
northwest comer of land to be herein described, said point being also North 77 degrees 31
minutes 00 seconds East along the southerly side of Sound Avenue (North Road), 197.02
feet fxom the comer formed by the intersection of the southerly side of Sound Avenue
(North Road) and the easterly side of Pacific Street;
RUNNING thence the following two (2) Courses and distances along the southerly side of
Sound Avenue (North Road):
(1)
(2)
North 77 degrees 45 minutes 00 seconds East, 90.74 feet to a concrete
monument;
North 77 degrees 00 minutes 00 seconds East, 47.32_ feet to a point;
RUNNING thence South 06 degrees 58 minutes 30 seconds East through land now or
. formerly of The Mattituck Presbyterian Church, 130.00 feet to a point along other lands
now or formerly of The Mattituck Presbyterian Church;
RUNNING thence South 77 degrees 00 minutes 00 seconds West along the northerly line
of land now or formerly of The Mattituck Presbyterian Church, 138.88 feet to a point
along land now or formerly of the Town of Southold;
RUNNING thence North 06 degrees 40 minutes 10 seconds West along land now or
formerly of the Town of Southold, 131.27 feet to the point or place of BEGINNING.
EXHIBIT B ("Retained Church Parcel")
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town
of Southold, County of Suffolk and The State of New York, bounded and described as
follows:
BEGINNING at the comer formed by the intersection of the southerly side of Sound
Avenue (North Road) and the westerly side of Main Road (S.R. 25),
RUNNING thence South 14 degrees 27 minutes 25 seconds West along the westerly side
of Main Road (S.R. 25), 297.28 feet to a point and the land now or formerly of Bethany
Cemetery Association;
RUNNING thence along the North and West lines of land now or formerly of Bethany
Cemetery Association the following two (2) courses and distances:
(1)
(2)
South 89 degrees 06 minutes 20 seconds West, 393.47 feet to a point;
South 06 degrees 50 minutes 00 seconds East, 66.68 feet to a point and
land now or formerly of Radiant Gems, LTD.;
RUNNING thence South 73 degrees 16 minutes 50 seconds West along the northerly line
of land now or formerly of Radiant Gems, LTD., and Bryan Drago and Marissa Drago,
75.14 feet to a point marked by a concrete monument and land now or formerly of the
Town of Southold;
RUNNING thence North 06 degrees 40 minutes 10 seconds West along the easterly line
of land now or formerly of the Town of Southold, 123.91 feet to a point and land now or
formerly of The Mattituck Presbyterian Church;
RUNNING thence along the northerly line and through land now or formerly of The
Mattituck Presbyterian Church the following two (2) courses and distances:
(1)
(2)
North 77 degrees 00 minutes 00 seconds East, 138.88 feet to a point;
North 06 degrees 58 minutes 30 seconds West, 130.00 feet to a point
along the southerly side of South Avenue (North Road);
RUNNING thence North 77 degrees 00 minutes 00 seconds East along the southerly side
of Sound Avenue (North Road), 437.75 feet to the point or place of BEGINNING.
State of New York, County of
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 individual(s) whose name(s) is (are) subscribed m the
within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(les), and 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 insmnnent.
ACKNOWLEDGMENT FOP. M FOR USE WITHIN NEW YORK STATE ONLY:
{New York Subscribing Witness Acknowledgment Certificate}
State of New York, County of } ss.:
On the day of in the year
before me, the undemigned, personally appeared
the subscribing wimess to the foregoing instrument, with whom I am
personally acquainted, who, being by me duly sworn, did depose and
say that he/she/they~mside(s) in
(if the place of residence is in a city, include the street and street number,
if any, thereo]); that he/she/they know(s) -
to be the individual described in and who executed the foregoing
instrument; that said subscribing witness was present and saw said
execute the same; and that said witoess at the same time subscribed
his/her/their name(s) as a witness thereto.
USE A CI~NOWLEDG~T FORM BELOW WITHEV NEW YORK STATE O NL Y:
State of New York, County of } 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 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), and 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.
A EIgNOWLEDGMENT FORM FOR USE ODTSII)E NEW YoRK STATE ONLY:
[Out of State or Foreign General Acknowledgment Certificate/
(Complete Venue with State, Country, Province or Municipality)
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 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(les), 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 thstmmant, 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).
TITLE No.
BARGAIN & SALE DEED
WITH COVENANTS AGAINST GRANTOR'5 ACTS
MATTITUCK PRESBYTERIAN CHURCH
TO
NORTH FORK COMMUNITY THEATRE
FIDELITY NATIONAL TITLE
OINSURANCE COMPANY
'o~/,/~ d~ Fidelity .~**~/~
DISTraCT p/O 1000
SECTION 141
BLOCK 4
LOT 32.1
COUNTY OR TOWN Southold
RECORDED A r REQUEST OF
Fidelity National Title Insurance Company
RETURN BY MAIL TO
Karen Hoeg, Esq.
Twomey, Latham, Shea, Kelley, Dubin
& Quartararo LLP
PO Box 9398
Riverhead, NY 11901
K£¥ MAP i
SCALE 1 "=600'
LOT LINE MODIFICATION MAP
OF PROPERTY
MATTITUCK
Nathan Taft Corwin III
Land Surveyor
NY 005 - Bargain and Sale Deed with Covenant against Caantor's Acts Individual or Corporation (Single Sheet) (NYBTU 8002)
CONSULT YOUR LAWYER BEYORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the day of , in the year 2012
BETWEEN
MATTITUCK PRESBYTERIAN CHURCH, Main Road, New York 11952
party of the fLrst part, and
MATTITUCK PRESBYTERIAN CHURCH, Main Road, New York 11952
party of the second part,
WITNESSETH, that the party of the f'trst part, in consideration of Ten Dollars a~d other valuable consideration paid by the
party-of the second paxt, does hereby grant and release unto the party of the second pa~t, 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 Description attached as Exhibit B ("Retained Church Parcel")
RESERVING UNTO GRANTOR and its heirs, successors and assigns, an unobstructed right
of way for vehicular access from Old Main Road a/k/a Sound Avenue to other property of
Grantor known as Lot 2 of the Map Entitled "Lot Line Modification Map of Property situate
Mattituck" dated February 2, 2010 and last revised January 14, 2011 prepared by Nathan Taft
Corwin IH Land Surveyor more particularly described as Exhibit A ("Theater Parcel").
Subject to a temporary subsurface easement to maintain the existing sanitary system which
encroaches on property of Grantor benefitting the Parcel described as Exhibit A "Theater
Parcel". This temporary easement shah terminate in the event that the sanitary system shall
fail and upon termination, Grantee shah abandon such sanitary system in accordance with the
rules and regulations of the Suffolk County Department of Health.
The Southold Town Planning Board approved this lot line modification by resolution on
This deed is a Confirmation Deed.
TOGETHER with all right, title and interest, if any, of the party of the first part of, 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 fa-st 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 fu:st part covenants that the party of the first part has not done or suffered anything whereby the said
premises have been incumbered 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 consideration as a trust fund to be applied
f'trst 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 indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed ttfis deed the day and year first above written.
IN PRESENCE OF:
Chairperson, Board of Trustees
EXHIBIT A ("Theater Parcel")
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattimck, Town
of Southold, County of Suffolk and The State of New York, bounded and described as
follows:
BEGINNING at a point along the southerly side of Sound Avenue (North Road) at the
northwest comer of land to be herein described, said point being also North 77 degrees 31
minutes 00 seconds East along the southerly side of Sound Avenue (North Road), 197.02
feet fi.om the comer formed by the intersection of the southerly side of Sound Avenue
(North Road) and the easterly side of Pacific Street;
RUNNING thence the following two (2) Courses and distances along the southerly side of
Sound Avenue (North Road):
(1) North 77 degrees 45 minutes 00 seconds East, 90.74 feet to a concrete
monument;
(2) North 77 degrees 00 minutes 00 seconds East, 47.3~2 feet to a point;
RUNNING thence South 06 degrees 58 minutes 30 seconds East through land now or
formerly of The Mattimck Presbyterian Church, 130.00 feet to a point along other lands
now or formerly of The Mattituck Presbyterian Church;
RUNNING thence South 77 degrees 00 minutes 00 seconds West along the northerly line
of land now or formerly of The Mattituck Presbyterian Church, 138.88 feet to a point
along land now or formerly of the Town of Southold;
RUNNING thence North 06 degrees 40 minutes 10 seconds West along land now or
formerly of the Town of Southold, 131.27 feet to the point or place of BEGINNING.
EXHIBIT B ("Retained Church Parcel")
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town
of Southold, County of Suffolk and The State of New York, bounded and described as
follows:
BEGINNING at the comer formed by the intersection of the southerly side of Sound
Avenue (North Road) and the westerly side of Main Road (S.R. 25),
RUNNING thence South 14 degrees 27 minutes 25 seconds West along the westerly side
of Main Road (S.R. 25), 297.28 feet to a point and the land now or formerly of Bethany
Cemetery Association;
RUNNING thence along the North and West lines of land now or formerly of Bethany
Cemetery Association the following two (2) courses and distances:
(1)
(2)
South 89 degrees 06 minutes 20 seconds West, 393.47 feet to a point;
South 06 degrees 50 minutes 00 seconds East, 66.68 feet to a point and
land now or formerly of Radiant Gems, LTD.;
RUNNING thence South 73 degrees 16 minutes 50 seconds West along the northerly line
of land now or formerly of Radiant Gems, LTD., and Bryan Drago and Marissa Drago,
75.14 feet to a point marked by a concrete monument and land now or formerly of the
Town of Southold;
RUNNING thence North 06 degrees 40 minutes 10 seconds West along the easterly line
of land now or formerly of the Town of Southold, 123.91 feet to a point and land now or
formerly of The Mattituck Presbyterian Church;
RUNNING thence along the northerly line and through land now or formerly of The
Mattituck Presbyterian Church the following two (2) courses and distances:
(1)
(2)
North 77 degrees 00 minutes 00 seconds East, 138.88 feet to a point;
North 06 degrees 58 minutes 30 seconds West, 130.00 feet to a point
along the southerly side of South Avenue (North Road);
RUNNING thence North 77 degrees 00 minutes 00 seconds East along the southerly side
of Sound Avenue (North Road), 437.75 feet to the point or place of BEGINNING.
~SE ACI~VOwLEDGMENT FORM BELOW W~EW YORK STATE ONLY:
State of New York, County of } 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 safisfacto~
evidence to be the individual(s) whose name(s) is (are) subscribed to the
with.in instrument and acknowledged to me that he/she/they execumd
the same in tis/her/their capacity(ies), and that by tls/her/their
signature(s) on the ins~'ument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
A CKNOWLE~GMENT FORM FOR USE WITHIN NEW YORK STATE ONLE'
{New York Subscdbing Witness Acknowledgment Certificate}
State of New York, County of } ss.:
On the day of in the year
before me. the undersigned, personally appeared
the subscribing witness to the foregoing instrument, with whom I
personally acquainted, who, being by me duly sworn, did depose and
say that he/she/they reside(s) in
(if the place of residence is in a city, include the street and street numbe),
if any, thereof)7 that he/she/they know(s)
to be the individual described in and who executed the foregoing
instrument; that said subscribing witness was present and saw said
execute the same; and that said witness at the same time subscribed
tls/her/their name(s) as a witness thereto.
USE At2KNOWLEDGJV~I~ FORM BELOW WITHIN NEW YORK STATE ONLY:
State of New York, County of } 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 satisfactor~
evidence to be the individual(s) whose name(s) is (are) subscribed to the
wiflfin instmment and acknowledged to me that he/she/they executed
the same in tls/her/their capacity(les), and 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 inslrument.
A CgNOWLEDGMEIVT FORM FOR USE OIflSIDE NEW YORK STATE ONLY:
[Out of State or Foreign General Acknowledgment Certificate}
(Complete Venue with State. Country, Province or Municipality)
On thfi day of in the year
before me, the undersigned, personally appeared
personally known to me'or proved to me on the basis of safisfactor~
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 tls/her/their signature(s)
on the insaument, the individual(s), or the person upon behalf of which
the individunl(s) aclecl, 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).
TITLE NO.
BARGA/N & SALE DEED
MATTITUCK PRESBYTERIAN CHURCH
TO
MATTITUCK PRESBYTERIAN CHURCH
FIDELITY NATIONAL TITLE
OINSURANCE COMPANY
DlS'rPdCT p/o 1000
SECTION 141
BLOCK 4
Lo* 32.1
Coum~ oR TOWN Southold
RECORDED A T REQUEST OF
Fidelity National Title Insurance Company
RETURN BY MAIL TO
Richard A. Ehlers, Esq.
456 Griff'mg Avenue
Riverhead, NY 11901
0
0
SCALE I"=$00'
LOT LINE MODIFICATION MAP
OF PROPERTY
MATTITUCK
Nathan Taft Corwin III
Land Surveyor
MAR-30-2012 14:50 From:TWOME~THAM
6317272355
Twomey, Latham,
Shea, Kelley, Dubin & Quartararo LL?
~A TT 0 R H E Y ~ AT
7653136 P. 2
P(,~l' Oi't'ic~ B¢O~ 9.398;
Rivcrhead, N~ ~rk [ [~1-9398
Riverhea~, N~ %rk 11901-939~
q~l~l)hOn~ 631.727.2i80
Di~t F~'. 631
March 30, 2012
VIA FACSIM.[LE (631) 76~3136
Heather Lanma, Director of Planning
Alyxandra K. Saballao, Planner
Southold Town Planning Department
53095 Route 25
P.O. Box 1179
Southold, New York 11971
APR -2
Re;
Tax Map No.: 1000-1414-26 & 32.1
Proposed Lot Line Modification for the North Fork Community
Theater
Dear Ms. Lanza and Ms. Sabatino,
Pursuant to thc Southold Town Planning Board Resolution dated October 1 l,
2011 granting Conditional Final Approval, we are ~ubmiRing draft deeds For written
approval by the Planning Board, Enclosed is a dr~.ft deed eonveyJgg the parcel to
'North Fork 'Community'Theater ands' draft 'Confirmation deed for ~e church rerained
parcel. Each deed makes reference to the Planning Board approval of the Lot Line
Modification as required.
Please advise when the matter will be placed on the Planning Board's calendar
for final approval.
KAH:db
cc: IL Ehlers, Esq.
thc~ 2012
11952
NORTH FORK COMMUNITY THEATRE, a not-for-profit eorporMIon, with address at
Sound Avenue, Mat~tuek, N y 11952 '
See Deseriptten attached as Exhibit A ("Theater Pared")
~on~ with n t~mporo~ s~bsurface easement in maintain the existing nmitar~ system which
ener~ches on property of Grantor, This temporary tasement shall termh, n~e in the event that
the sanltht7 system shall fall and upon termination, Cmmtee shall abandon such sanitary
system In accordanee with the relt~ and regulations of the Suffolk County Department of
Health.
RE~ERV'INC UNTO GRANTOR and its heirs, sueee~ors and ns~ns, in unobs~acted right
of way for veMeultr aeeeH from Old Male Road n/k/a Sound Avenue to other property of
Grantor known as Lot 2 of the Ma~ Entitled "Lot Line Modification Map of Property situate
Matttmdt' dated Fshruary 2, 2010 and last revised January 14, 2011 prepared by Nathan Taft
Corwin HI l~and Suryeyor moro paFflcnlarly described as F, xMbR B ('cReteJned C%urch
Pa~:el'). Grnntee may roincate this Right of Way through sdte plan approvatgronted by lhe
Town of Southold.
The Sourhold Town Planning BoaFd appF~ved this lot line modifiroflon b~ resolution on
October 18, 2011.
IN WITNE,q8 WH~RRO~'. 0~e pat~y of the fu~t p~t ha~ duly execm~ ih~ deed ih~ day and y~ar t'~t a~ve wren.
6317872385
· . ,, EXI.~IBIT A ("Theater Parcel")
ALL that ~ plot. piece or parcel Of land, situate, lying and being at Mattituck, Towa
of 8ou~hold, County of Suffolk and The State of New York, bounded and de,ch'bed az
BEGINNING ~t a po'mt along the soufl~rly side of Sound Aver. ut (North Road) at th~
not, wear ~omer of land to be h~roin cles~fll~ said point being also North 77 ~ 31
mJnute~ 00 s~azds E~ aloug tl~ soull~ sid~ of Sound Avenu~ (North Road). 197.02
f~t flora th~ corner fonnod by ~he i~ s.~tion of the somh~ly side of 8ound Av~u~
(No~h Road) and ~h~ easterly ~ of P~ific
RUNNING'th~ce the following two (2) e, ourses and distances along the southerly sid~ Of
Sound Avenue (N'orlh Road):
(1) Not~ 77 d~l~S 45 minutes 00 seconds Eas~ 90.74 fe~ to a con~t¢
monumen~
(2) North 77 deg~es 00 minUteS 00 seconds East, 47.3.2 feet ~ a point;
RU~q~G thrace South 06 degrees 58 minutes 30 second~ Fast tl~ough land now or
· formerly of The Mattttuck Pt~b.y~e~ Church, 130.00 feet to a point along o~he~ lands
now or formerly of Tile Matfltuck Presbyterian Church;
RUNNING ~ce South 77 degn~s 00 minules 00 seconds West along the northerly line
of land now or fotmerty of The Mattituck PreSbyterian Church, 138.88 feet to a point
aloog land now or fo,~ly of th~ Town of Southold;
RUNNING thence North 06 degrees 40 min~es 10 se~nds West along land now or
formerly oft,he Town of Southold, 131.27 feet ~o ~he point or place of BEGINNING.
EXHIBIT B ("Retained Church Parcel")
ALL that certain plot. piece or l~trcel of land, sitoat~, lying and being at Mardtuck, Town
of Southold, County of Suffolk and The State of New York, bound~l and described as
follows:
BEGINNING at the comer formed by thc intersection of the southerly side of Sound
Avenue (North Road) and tbe westerly side of Main Road (S.R. 25),
RUNNING thence South 14 degrees 27 minutes 25 seconds West along the westarly side
of Main Road (S.R. 25), 297.28 feet to a point and the land now or formerly of Bethany
Cemetery Association;
RUNNING then~ along the No~.h and Wcg ~ of land now or formerly of Bethany
Cemet~y Association rig following ~¢o (2) courgs and distances:
(l) South 89 degrees 06 minutes 20 gconds West, 393.47 fe~t to a point;
(2) South 06 degrees 50 minutes 00 seconds East, 66.68 foot to a point and
land now or formerly of Radiant Gems, LTD.;
RUNNING thence South 73 de.es 16 minutes 50 seconds West along the northerly line
of land now or formerly of Radiant Ogres, Ui'D., and Bryan Drago and Mafis~ Drago,
75.14 feet m a point marked by a conarctc monument and land now or formerly of the
Town of Southold;
RUNNING thence North 06 degrees 40 minutes 10 seconds West along the eastarly line
of land aow or formesly of tl~ Town of Southold, 123.91 feet to a point and land now or
formerly of Thc Matfituck Presbyterian Church;
RUNNING thence along the northerly lind and Ihrough land now or formerly of Thn
Mattimck Presbyterian Church the following two (2) courses and dist~ncas:
(1) North 77 defies 00 minutes 00 seconds Eost, 138.$8 feet to a point;
(2) North 06 degt~s 58 minutes 30 seconds West, ] 30.00 feet to a point
along the southerly side of South Avenue (North Road);
RLrNIq~O thence North 77 degrees 00 minutes 00 seconds East along the southerly side
of Souad Avenue (North Road), 437.75 feet to the poim or place of BEGINNING.
~iO~ {o be t{~ lndl~(a) v,4~ n~r, ne(~) in (nrc) ~ubmtbed m ~hc
within in~uume~ auO ack~la:{g~d m r~ thnt he/d'~.4hey executed
~~f~h~
(/n.~ tht chy or ot~.r pot4tieal ad, division and tI~ state or country or
ogler platy the acknowtedgnm, t was ~).
MATTITUCK PRESBYTERIAN CHURCH
TO
NORTH FORK COMMUNITY THEATRE
Ozsr~,c'r p/o
SEC'no~ 141
1~ 4
LOT 32.1
COUS~ O~ Tow~ Southold
Twomey, Latham, Shes, Kelley, Dubln
& Qaarttraro LLP
PO Box 9398
Riverhead, NY 11~01
MATTITUCK PRESBYTERIAN CHURCH, Main Road~ New York 11952
p~'xy o[ th~ Fn'st pa~. and
MATTITUC~ PRESBYTERIAN CUURC~I, Mnin Rond, New York 11952
pray of the second par~
WiTI~I~ Ihat tho i~z~ of lbo firnt p~t, in conddenZion of Ten Dollnn ~1 olhet, vnluable condderazi~ ~ ~ ~
p.~yof Ibe r, eco~ pa~ goes he. by graut ~d release unto ~he l~ny of the seccod p~, the he~ ~ ~ ~ ~i~ of
See Description zttncbeO ~ Exldbit B ("Retained Church Porcel")
RESERVING UNTO GRANTOR and its heirs, sueeessors and a~ _i~ an anobmrueted r~.ht
of way for vehleulm' teeem from Old Main Road n/IrJa Semui Avenue m other property of
Grantor known as Lot 2 of the Map Entitled "Lot Line Modification ~ of t~per t~ situate
Mnffituck" dated Februar~ 2, 2010 and last revised January 14, 2011 prepred by Nathan Taft
Coewln 1H Land Surveyor more pmicularly described as Exhibit A ("Theater l~areeP').
The Southold Town Planning Beard approved ~ lot line modification by resolution on
October 18, 2011.
Th deed is a Confirmation Deed.
AND the patty of U~ ~t pat~ cove~a~t~ that lhe pafly of th~ fu-st paA haz no~ done or auffeled ~ ~ ~ ~
pmmJsca haw ~ lncavabe~ed ~ ~my way whatever, e~cepl a~ ~furc.~ald.
AND the patly of IbC fir,.part, in cor~ wi~h Section [.3 of ibc L~en Law. ¢ovemmts ~ ~ ~ 0f ~ ~t ~ w~
IN WITNESS wtlt~RROg, the party of thc fu~ ~ has d,i¥ e:,.~ua~i &is deed ~e day and year first above '.nitre. ri.
ChMrpermm~ Board of Trustees
MAR-30-201a l~:SI F~o~MEY-LATH~ ~317272305 To:~7~[~36 P.@'IO
E~IT A ("Theater Parcel")
ALL th~ ceOain plo~, pi~,e or parcel of la~l, situate, lying sad being at Maaia~, Town
of S0uthold, County of Suffolk and The Sta~ of New York, bounded attd d~zlbed as
follows:
BEGINNING at a point along the southerly side of Sound Avenue (Norl~ Road) at the
northwest come~ of land to be herein described, said point being also North 77 degzaes 31
minutes 00 S~COade East along ibc sou~dy side of Sound Av~m~ (North Road), 197.02
feet from the com~ formed by the inlets~ion of the somberly side of Sound Avenae
(Nor,.h Road) sad th~ ~.st~ly side of Pacific Street;
RUNNINO ~ &¢ following two (2) ~o~es and disumees along lhe sourly side of
Sound Aveau~ (North Road):
(1) Nm'& 77 degt~s 45 minut~s 00 seconds East, 90.74 feet to a com:m~
(2) Norlh 77 degrees 00 minu~s 00 seconds Ea~ 47,3.2 £e~ ~ a point;
RUNNING thence ~oulh 06 degrees 58 minutes 30 ~co~ds East lt~oug~ land now or
fom~nly of The MaMituck Presbyterisa Church, 130.00 feet to a point aloog o~her lands
now or fore.dy ofT'de Ma~nmk Presbylerlan Chureh~ .
RUNNINO thon~ 8ou~h 77 dogz~ 00 mhiutos 00 s~.~nds West along ~h~ noah~rly llne
of In~,l now or formerly of'The Matfimck Presbyterian Church, 138.88 feet m a poin~
along land now or fommrly of the Town of Southold;
RUNNINO th~n~ North 06 degrees 40 minutes 10 seconds Wear along land aow or
fom~rly ofth~ Town of Southold, 131.27 fe~t to tl~ point or pla~ of BEGINNING.
EXI-IIBrr B ("Retained Church Parcel")
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattiluck, Town
or' Southold, County of Sufl'olk and The 5~e of New York, bounded and d~crilnxl as
follows:
BEGINNING at thc comer formcd by thc intersection of thc southerly side of Sound
Avenue'(North Road) and the westerly side of Main Road (S.P,. 25).
RIINNING thence South 14 degrees 27 re'mutes 25 senoads West along the westerly side
of Maln Road (S.R, 25), 297.28 l~et to a poin! and thc land now or formerly ofl~thany
Cemetery Association;
RUNNING thence along the North and West lines of land now or form~ly of Bethany
Cemetery Association the following two (2) courses and distances:
(1) South 89 d~gz'~s 06 minutes 20 seconds W~st, 393.47 feet to a point;
(2) South 06 degrees 50 minutes 00 seconds East, 66.68 fcct to u point and
land now or formerly of Radiant Gems, LTD.;
RUNNING. thence South 73 degt'o~s 16 minutes 50 seconds West along thc northerly line
of land now or formerly of Radiant Gems, LTD., and Bryan Dr'ago and Marissa Drago,
75.14 ~ to a point marked by a concrete monument and land now or formerly of the
Town of $outhold;
RUNNIN(J thence North 06 degrees 40 minutes 10 seconds West atong the eas~rly line
of land now or formerly of the Town of Southold, 123.91 feel to a point and laud now or
formerly of Thc Muttitnok Pr~slgnerian Church;
RUNNING thence along thc northerly line and through I~nd now or formerly of The
Mattituek Presbyterian Church the following two (2) courses and dlstances:
(1) North 77 degrees 00 minutes 00 seconds East,. 138.88 feet ~;o a point;
(2) North 06 degrees 58 minutes 30 ~econds West, 130.00 feet to a po'mt
along the SOuth~ly side ol'South Avenue (North Road);
RUNNING' thence Noah 77 degrees 00 minutes 00 scconds Eas~ along the southerly
of Sound Avenue (North Road). 437.75 ii,et to the point or place of BEOINNING.
(Insert the city or a~r political ~n~via~ and the ~'e or ay. wdzy or
ather place the ~ wo~ taltttt~
MATTITUCK PRESBYTERIA~ CHURCH
MATTITUCK PRESBYT]~RIAN CHURCH
I1~K NA'rIOWAL Tll'hg I
e~...~ .~ ~,~ ~;- --
Di~T~Cr D/O 1000
~cno~4 i4.1
~OUN*rY O~ TOWN ~OlilhOId
~ A. ghl~, E~q.
~ G~g Avenue
Rlverl~nd~ N Y 11901
MAR-~O-eOi~ 14:50 F~o~:TWOMEITHAM m~lT~?~3e5 P.i'iO
Twomey, Latham,
Shea, Kelley, Dubin, & Quarcararo LLP
West Second Street, P.O. Box 9398
Riverhead, New York 11901
Tel: (6~1) 727-21s0
Fax: (631) 727-1767
FAX COVER SHEET
............. TO FAX N. u M~ER
Heather Lanza, Director of Planning 631-765-3136
Alyxandra K. Sabatino, Planner 631-765~3136
FROM:
Karen HOeg, Esq.
TRANSMISSION DATE:. March 30, 2012
SUBJECT:
APR -2 20~
North Fork Con. unity Theater
NUMBER OF PAGES FOLLOWING THIS COVER SHEET: ~
IF ANY OF THESE PAGES ARE NOT LEGIBLE, PLEASE CALL (631) 727-2180
AND NOTIFY: Donna Blount (Extension 237)
~This is the only copy you will receive
Original to follow by regular mail
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSK/
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
October 18, 2011
Karen A. Hoeg, Esq.
Twomey, Latham Shea, Kelley etal
P.O. Box 9398
Riverhead, New York 11901
Re:
Negative Declaration & Conditional Final Approval - Re-Subdivision
(Lot Line Change) for North Fork Community Theater
Located at 12700 Sound Avenue, Mattituck
SCTM#1000141-04-26 &32.1 Zoning District: HB
Dear Ms. Hoeg:
The Southold Town Planning Board adopted the following resolutions at a meeting held
on Monday, May 9, 2011:
The public hearing was closed.
WHEREAS, this proposed lot line change will increase SCTM1000-141-04-26 from 0.15
acres to 0.41 acres. $CTM1000-141-04-32.1 will decrease from 2.613 acres to 2.35
acres; and
WHEREAS, an application for a Lot Line Modification was submitted on November 22,
2010 by Reza Ebrahimi for the property located on the south side of Sound Avenue,
197.02' east of Pacific Street, Mattituck, SCTM#1000-141-04-26 &32.1, in the H B
Zoning District; and
WHEREAS, on March 29, 2011, the Southold Town Planning Board accepted the
application for review; and
WHEREAS, on May 31,2011, referrals were sent out to the Town Engineer, Suffolk
County Planning Commission, Suffolk County Department of Health Services, Mattituck
Fire District, and the Town Board; and
North Fork Community Theater
PaRe Two
October 18, 2011
WHEREAS, on June 14, 2011, the Planning Board set a hearing; and
WHEREAS, on June 23, 2011, the Board of Fire Commissioners of the Mattituck Fire
Distdct reviewed the property and had "no comment"; and
WHEREAS, on July 11,2011, the Suffolk County Planning Commission considered this
to be a matter of local determination; and
WHEREAS, on July 12, 2011 the Public Hearing was closed; and
WHEREAS, on August 2, 2011 the Suffolk County Department of Health Services
reviewed this application and wished to maintain jurisdiction over the final location of
sewage disposal and water supply systems, asked the applicant to submit an
application to the Bureau of Water and Wastewater, and requested design flow
specifications, information regarding subsurface soil conditions, and complete design
details; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56
Waivers of Certain Pmvisions= may waive certain elements of the subdivision review if
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application, the
Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary
and Secondary Conservation Area Plan, the public headng, and the Sketch Plan and
Preliminary Plat steps of the subdivision process for the following reasons:
1. No new lots are being created;
2. The lots involved are either already developed or are being preserved as open
space;
3. No changes will occur as a result of this lot line change that would affect the
character of the neighborhood; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); and
WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in
February 2011, this application is eligible for decision from the Planning Board pdor to
receiving approval by the Suffolk County Department of Health Services (SCDHS) as it
meets the following cdtedon set forth in that policy:
North Fork Community Theater
Page Three
October 18, 2011
The transfer of land from an oversized parcel (larger than the minimum zoning
requires) where the oversized parcel remains above the minimum lot size
required, and where no new development potential will be created in the parcel to
which the land is transferred; and
WHEREAS, the Planning Board has determined that the proposed action meets all the
necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore,
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a
determination of non-significance for the proposed lot line modification and grants a
Negative Declaration; and be it further,
RESOLVED, that the Planning Board hereby waives the requirements of §240 to submit
the ERSAP, Pdmary and Secondary Conservation Plans, the public headng, Sketch
Plan and Preliminary Plat steps; and be it further,
RESOLVED, that the Planning Board hereby waives the requirement for SCDHS
approval pdor to Planning Board approval; and be it further,
RESOLVED, that the Southold Town Planning Board grants Conditional Final
Approval on the maps entitled "Lot Line Modification Map of Property situate Mattituck"
dated February 2, 2010 and last revised January 14, 2011 prepared by Nathan Taft
Corwin III Land Surveyor, subject to the following condition:
1. Submit draft deeds (prior to filing with Suffolk County) for wdtten approval by the
Planning Board that contain the following:
a. a reference to the Planning Board approval of the Lot Line Modification; and
b. a schedule (or schedules)with legible illustrations of the lot line changes
made and that will be filed as a page (or pages) in the deed.
This condition must be met within six (6) months of the resolution unless an extension of
time is requested by the applicant and granted by the Planning Board. Upon fulfillment
of the condition, the Planning Board will issue Final Approval and authorize the deeds to
be filed.
Please Note: The Southold Town Planning Board, in waiving the requirement for
SCDHS approval pdor to their own approval, is simply waiving a technical requirement
of Final Plat Approval under the Town Code and makes no representations as to
whether SCDHS approval is required. SCDHS approval of this lot line change may be
North Fork Community Theater
Page Four
October 18, 2011
necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible
for future construction or renovations.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Martin H. Sidor
Chairman
I understand that Southold Town Planning Board approval of this lot line modification
does not grant, guarantee or waive an approval, if required, from the Suffolk County
Department of Health Services (SCDHS). I understand that I will need to apply
separate~/) Signatur~ of~ph, cat oll~ipplrilr~iiilgent
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
October 18, 2011
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, in an uncoordinated review of this Unlisted Action,
has determined that the proposed action described below will not have a significant
effect on the environment and a Draft Environmental Impact Statement will not be
prepared.
Name of Action: Proposed Lot Line Modification of North Fork Community Theater
SCTM#:
1000-141-04-26 & 32.1
Location:
The south side of Sound Avenue, 197.02' east of Pacific Street.
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration:
Yes ( )
No (X)
Description of Action:
This proposed lot line change will increase SCTM1000-141-04-26 from 0.15 acres to 0.41
acres. SCTM1000-141-04-32.1 will decrease from 2.613 acres to 2.35 acres.
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed and it was
determined that no significant adverse effects to the environment were likely to occur
should the project be implemented as planned.
Ne.qative Declaration
Page Two
October 18, 2011
The determination was based upon the following:
The proposed lot line change will not create any new building lots. Both lots aro already
developed, one with a chumh and the smaller with the existing community theater
building. The proposed lot line will improve a pro-existing non-conforming lot size from
30% conforming to 90% conforming. Building setbacks, however, will be decreased to
as little as 1' from the property line on the east side. Thus the following can be said of
this action:
No substantial adverse change in existing air quality, groundwater or surface water
quality or quantity, traffic or noise levels, no substantial increase in solid waste
production, potential of erosion, flooding, leaching or drainage problems will occur as
a result of this action if the proposed action is implemented as planned.
No significant removal or destruction of large quantities of vegetation or fauna, no
substantial interference with the movement of any resident or migratory fish or
wildlife species, no significant impacts on a significant habitat aroa, no substantial
adverse impacts on a threatened or endangered species of animal or plant or the
habitat of such a species, and no other significant adverse impacts to natural
resoumes will occur.
3. The proposed action is not in a matedal conflict with a community's current plans or
goals as officially approved or adopted.
The proposed action will not significantly impair the character or quality of important
historical, archaeological, architectural, or aesthetic resources or of existing
community or neighborhood character.
5. No major change in the use of either the quantity or type of energy will occur.
6. No creation of a hazard to human health will occur.
The proposed action will not cause a substantial change in the use, or intensity of
use, of land including agricultural, open space or recreational resources, or in its
capacity to support existing uses.
For Further Information:
Contact Person: Alyxandra Sabatino, Planner
Address: Southold Town Planning Board
Telephone Number: (631) 765-1938
~0CT-14-8011 14:22 From:TWOMEY~THAM
6~7~7~85
T~65~156
i Twomey, Latham,
r, Dubin, & Quartararo LL?
3.3 West Second Strcet, P.O. Box 9398
Riverhead, New York 11901
Tcl: (631) 727-2180
Fax: (631) 72%1767
Direct Fax: (631) 72%2385
FAX COVER SHEET
Ueather Lanzu
Aly Sabatino (631) 765-3136
FROM: Karen A. Hoeg, Esq.
TRANSMISSION DATE: October 14, 2011
SUBJECT: North Fork Community Theater
NUMBER OF PAGES FOLLOWING THIS COVER SHEET: 1
IF ANY OF THESE PAGES ARE NOT LEGIBLE, PLEASE CALL (631) 727-2180
AND NOTIFY: Peggy Hubbard oxt 302
Attached please find correspondence from Karen Hocg, Esq.
[] This is the only copy you will receive
~ Original to follow by regular mail
0CT-14-2011 14:22 From:TNOMEY~HAM 6517272585
Latham,
Shea, Kelley, Dubin & Quartararo LLP
October 14, 2011
VIA FACSIMILE (631} 765-3136
Heather Lanza, Director of Planning
Alyxandra K. Sabatino, Planner
Southold Town Planning Department
53095 Route 25
P.O. Box 1179
Southold, New York 11971
Re.'
I(iverhe,~d, New Ys, r} 11901-9198
Riverhead, New York 11901-9~98
Telephone= 631,727.2180
Fa¢~imik; 631,72%1767
www.mfffolklaw, com
kh oeg(a3~q affolk law,c.o m
Direct Fax: 631 .?2?.2385
KAB/ph
Thmak you for your attention.
Please issue a conditional final approval pending receipt of a dr'a~ deed within
6 months. Should you need anything further please let me know.
Without the approval of the lot line modification from thc Town Planning
Board, the Seller can't pursue approval from the Supreme Court. Once the Supreme
Corot has approved thc sale, the seller can prepare draft deeds for submission to the
Town Planning Board.
As a follow up to our telephone discu,~qinn today, the mason that a draft deed
can not be prepared at this time is because the closing of the sale between the
Mattituck Presbyterian Church and the North Fork Community Theater is contingent
upon the Church obtaining approval from thc Supreme Court pursuant to Not-for-
Profit Corporation Law.
Dear Ms. Lanza and Ms. Sabatino,
Tax Map No.: 1000-141-4-26 & 32.1
Proposed Lot Line Modification for the North Fork Community
Theater
WORK SESSION AGENDA
SOUTHOLD TOWN PLANNING BOARD
Monday, October t7, 2011
4:00 p.m.
Applications
Locat on 50 Commerce Drive Cutchogue
Description: This site plan is for the proposed addition of an 1,800 s.f. carport on the
existing 3.1 acre North Fork Self Storage site in the LI Zoning District
where four existing buildings total 53,425 s.f. The 40' x 45' carport would
be used as a staging area for customers to have temporary access to
containers· The carport is proposed to be built on an existing asphalt
area.
Status: New App cat on
Act on i Accept for review·
Attachm~ntsl i. S~aff. Report C.heck L!s~. Draft Co.~en.t~ .toZaA
Project name: FIDCO and Malinowski SCTM#: 1000-10-11-3 & 5.1
Location: on a r.o.w, off of Oriental Avenue on F. I.
D~ip~i~ni ~ This proposed lot line modification tmn~{e~:~"~:'~'6 ~'~'~'~
SCTM#1000-10-11-5.1 to SCTM#1000-10-11-3. Lot 3 will increase from
1.14 acres to 1.3 acres and Lot 5.1 will decrease from 2.01 acres to 1.85
acres. ...............................
Sta~usl P~d.ing ..................................................
A~tion; e~!9~..draff.de.e.d da~e: .................
:Attachments: , Staff Report .........................
Description: This proposed standard subdivision proposes to subdivide a 2.38 acre
parcel into 4 lots where; Lot 1 equals .624 acres, Lot 2 equals .629 acres
Lot 3 equals .621 acres and Lot 4 equals .515 aces. The parcel is located
in the Hamlet Business Zoning District. The parcel is located in the
.~.~.~.!~..!~ ..u....s. !..n.....e...s..~. [~n! _n..g. _Di~strig.t:
Statu~ ]...~P~...n.
Action:
Attachments: i Staff Report
..... 141 4 26 & 32 1
Project name: North Fork Commun,ty Theater &i SCTM#: [ 1000- - -
Mattituck Presb terian Church
Lo?atio.nl !2700 Sound. Avenue_ &~1.~605 NYS.Route..25 Ma~it. uc.k
Description: This proposed lot line change will increase SCTM#1000-141-04-26 (Lot
1) from 6,683 sq. ft. (.153 acres) to 17,964 sq. ft. (.412 acres).
SCTM#1000-141-04-32.1 (Lot 2) will decrease from 113,809 sq. ft.
(2.613 acres) to 102,528 sq. ft. (2.354 acres). The application required
, ~B~ ~PP[O~! ~0[ ~!d~ y~fd ~tba~k~:
Status:
Attachments: ~. Staff Rep9~
: 6317272385
TWONE¥ LflTHAM
Twomey, Latham,
Kelley, Dubin, & Quamraro LLP
33 West Second Street, P.O, Box 9398
Riverhead, New York 11901
Tel: (631) 727-2180
Fax: (631) 727-1767
Direct Fax: (631) 72%2385
9-30-11 02:28p Pg: 1/2 ~
FAX COVER SHEET
TO FAX NUMBER
Aly Sabatino (631) 765-3136
FROM: Karen A. Hoeg, Esq.
TRANSMISSION DATE: September 30,201 !
SUBJECt: North Fork Community Theater
NUMBER OF PAGES FOLLOWING THIS COVER SHEET: !
IF ANY OF THESE PAGES ARE NOT LEGIBLE, PLEASE CALL (631) 727-2180
AND NOTIFY: Peggy Hubbard ext 302
Attached please fred correspondence from Karen Hoeg, Esq,
[] This is the only copy you will receive
[~ Original to follow by regular mail
Fax seut 5~ : 631727238S ~WOMEY LA?HAM 09-30-11 02:28p Pg: 2/2
Twomey, Latham,
Shea, Kelley, Dubin & Quartararo LEi'
~l~g~i~ A T T 0 R N E Y $ A T L A W
September 30, 2011
VIA FACSIMILE
Alyxandra K, Sabatino
Southold Town Planning Department
53095 Route 25
?.O. Box 1179
Southold, New York 11971
Post Office Box 9398
Ri~rhead, New York 11901,9398
giv~ehea~, New York I1901-9398
Telephone: 631.727,2180
Fa c~imile; 63L727,1767
~w~u.~u fk,[klaw,co m
khocg(~$uffolklaw.com
Direct Fax: 631.727.2385
Re:
Tax Map No,: 1000-141-4-26 & 32.1
Proposed Lot Line Modificafiou for the North Fork Community
Theater
Dear Ms. Sabatino,
As per our discussion, the applicant, North Fork Community Theater is a
contract vendee of the Mattituck Presbyterian Church pursuant to a contract of sale
dated August 20, 2009. The North Fork Community Theater had obtained necessary
setback variances fi.om the ZBA dated April 21,2011, and is seeking a lot line
modification so that the property in the contract could be separated from the
remaining property owned by the church and could be conveyed to the Theater.
The Planning Department has requested a draft deed as a condition of final
approval, At this time, it is premature to have drafl deeds. Please issue a conditional
final approval pending receipt ora draft deed within 6 months. Should you need
anything further please let me know.
Thank you for your attention.
KAH/ph
Page 1 of 1
Sabatino, Alyxandra K.
From: Sabatino, Alyxandra K.
Sent: Wednesday, September 07, 2011 8:55 AM
To: 'Khoeg@suffolklaw.com'
Subject: North Fork Community Theater
Good Morning Karen,
We are placing North Fork Community Theater on the Work Session for September 26th. The Planning
Board will consider granting a Final Approval at the October 3rd Public Meeting. Please submit draft
deeds a week before the October 3rd Public Meeting so staff can have time to review them. If you have
any questions please call.
Thanks,
Aly Sabatino
Alyxandra K. Sabatino
Southold Town Planning Department
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Phone: (631)765-1938
9/7/2011
DEPARTMENT OF HEALTH SERVICES
Alyxandra Sabatino
Planner Trainee
Planning Board
P.O. Box 1179
Southold, NY 11971
RE: North Fork Community Theater
SCTM # 1000-141-4-26 & 32.1
Dear Ms. Sabatino:
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
JAMES L. TOMARKEN, MD
MSW, MPH, MBA, FRCPC FACP
Commissioner
July 26, 2011
AUG - 2 2011
The Suffblk County Department of Health Services (SCDHS) has received your letter dated May 31,
2011, concerning the above- referenced application, and has no objection to the Town's designation as lead
agency.
This correspondence is intended primarily to expedite the procedural requirements of SEQRA
pertaining to the establishment of lead agency. The comments provided below are, therefore, general in
nature, representing several of our most common concerns regarding Suffolk County projects. The
department wishes, however, to reserve its right to provide more detailed information within the comment
period(s) established for this action.
I. Suffolk County Sanitary Code (SCSC)
The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems,
pursuant to the authority and requirements of Articles 4, 5, and 6 of the SCSC. Applications must
comply with all relevant density and construction standards for water supply and sewage disposal.
Applicants should not undertake the construction of, or connection to, either system without Health
Department approval.
The Suffolk County Department of Health Services has not received an application for the proposed
subdivision as required by Article VI of the Suffolk County Sanitary Code (SCSC). The project sponsor
should submit an application to our agency's Bureau of Water and Wastewater at the earliest possible
date so that a complete technical assessment of this proposal can be undertaken.
3. Design and flow specifications, information regarding subsurface soil conditions, water supply
DIVISION OF ENVIRONMENTAL QUALITY- Office of Ecology
360 Yaphank Avenue, Suite 2B, Yaphank NY 11980 (631) 852-5750 Fax (631) 852-5812
information, and complete design details are essential to the review of this project, and are evaluated
fully at the time of application review. Should the town require additional environmental information
(such as a DEIS), discussion of the compliance requirements of the SCDHS should be required.
The department appreciates the opportunity to participate in the SEQRA review of this proposal.
Additional information may be provided prior to the close of the established comment period. Should you
have any questions or require additional information, please feel free to contact the Office of Ecology at
852-5750.
Sincerely,
jad
Kimberly Shaw
Office of Ecology
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town HoJl Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
July 12, 2011
Reza Ebrahimi, Esq.
P.O. Box 9398
Riverhead, NY 11901
Re:
Close Hearing: Proposed Lot Line Modification for the North Fork Community
Theater
Located at 12700 Sound Avenue, on the south side of Sound Avenue, 197.02 ft.
east of Pacific Street, Mattituck
SCTM#1000-141-4-26 & 32.1 Zoning District: H-B
Dear Mr. Ebrahimi:
A public hearing was held by the Southold Town Planning Board on Monday, July 11,
2011 regarding the above-referenced Lot Line Modification. The public hearing was
closed.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Martin H. Sidor
Chairman
DEPARTMENT OF PLANNING
Town of Southold Planning Board
P.O. Box 1179
Southold, NY 11971
Att: Alyxandra Sabatino
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
July 1,2011
SARAH LANSDALE, AICP
DIRECTOR OF PLANNING
Re: North Fork Community Theater
Suffolk County Tax Map No.: 1000-141.00-04.00-026.000 and
1000-141.00-04.00-032.001
Suffolk County Planning File No.: S-SD-I 1-04
Dear Ms. Sabatino:
Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code,
the above referenced subdivision that has been referred to the Suffolk County Planning Commission is considered
to be a matter for local determination. A decision of local determination should not be construed as either an
approval or disapproval.
Comments:
· The applicant should obtain appropriate setback relief from the Zoning Board of Appeals prior to
final subdivision approval.
AA:aa
Sincerely,
Sarah Lansdale
Director of Planning
Andrew Amakawa
Research Technician
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044
Twomey, Lat l m,
Shea, Kelley, Dubin St Quartararo LLP
A T T 0 R N E Y S A T L A W
VIA HAND DELIVERY
Town of Southold Planning Board
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
July 7, 2011
Pnst OttJce B~x 9398
Ri~erhead, New York l l901-9~98
Telephone: 6317272180
Facsimile: 6M.727.1767
khoeg~suffolklaw.com
Direct Fax: 631.727.2385
Attn: Martin N. Sidor
Re:
Tax Map No.: 1000-141-4-26 & 32.1
Proposed Lot Line Modification for the North Fork Community
Theater
Dear Mr. Sidor,
Enclosed is the original Affidavit of Posting and Certified Mail Receipts and
signed Green Return Receipt cards in connection with the above matter which is on
the July 11,20 l I calendar.
Thank you fbr your attention.
Eric.
KAH/ph
JUL - 8 ~"
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
12700 Sound Avenue, on the south side of Sound Avenue, 197.02 ft. east of Pacific St, Mattituck
by placing the Town's official poster notice(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for seven days prior to the date of the
public hearing on :~rv~ ~ 7 I ~.., ~ I I
I have sent notices, by certified mail - return receipt, the receipts and green
return receipt cards of which are attached, to the owners of record of every
property which abuts and every property which is across on sound Avenue
Karen A. Hoeg, Esq.
Your Name (prlnt~ /~. J
Signature ' 7 ~'~ ~ ' ~' ~.~
C/O Towmey, Latham, et al. P.O. Box 9398, Riverhead, NY 11901
Address
No{~y/Public
DOR,_~:,~ WEISS
Notary Pubi~c Sta!e of New York
No. 4931537
Qualified in Suffolk County
Commission Expires June 20,
JUL -8
PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY: 12:00 noon~ Fri. 7/811 ~
Re: Proposed Lot Line Change for the North Fork Community Theater
SCTM#s: 1000- 141-4-26 & 32.1
Date of Hearing: Monday~ July t1~ 2011~ 6:00 p.m.
~ ~ Town of Southold
r~ f~ir~tT~-~: 53095 ROUte 25 .....
IDi¥-~i~i~' ~Jll'lce Llox l 179 ~
I~- ]orPOB~x Post'~''''' _
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the ~verse
so that we can return the card to you,[..
· Attach this carol to the back of the ma~lptsoe,
or on the front if space permits. ~
1. Article Addressed to:
Town of Southold
53095 Route 25
Post Office Box 1179
Southold, New York 11971
enter dellvmy
JuN 22 2011
FIyes
[] No
Mall
4. ReMricted Delivery? ~ Fee) 0 yee ~
2.~ticleNumbe~ 7007 0710 0000 7418 1140
(Ttam~' n~! ~vlce ~be~
PSFo~m3811,August2001~. ~ ~k Dome~o, RetumRecelPt
Church of Redeemer
13225 Sound Avenue
Post Office Box 906
Mattituck, New York ! 1952
· Complete items I 1 3. Also complete
s deslred.
· Pdnt'
so that we can return the card to you.
· Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Art~le ~tdre~sed to:
B. Received I
[] Agent
1 Yes
Church of Redeemer
13225 Sound Avenue
Post Office Box 906
Mattituck, New York 11952
2. Article Number
(Transfer from eenOce label)
Sen/ice lype
[] .Express Mail
~letum for Memhandis~
Receipt
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
7007 0710 0000 7418 1126
Form 3811, Febma~j 2004 Domestic Return Receipt 102595-02-M-1540
Ma~imck Florist LLC
153 S. 5~h Street
Lindenhurst, New York l 1757
· Complete item~ 1, 2, and 3. AJso complete
Item 4 if RestHoted Delivery is desired.
· Print your name and address on the reverse
so thst we can tatum the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
]..Ntlcie Addressed to:
h~athtuck I~lonst LLC
153 S. 5th Street
Lindenhurst, New York 11757
Adlcle Number
Form 3811, February 2004
Signature
[] Agent
[] Addressee
3. Is derM~j address different flora item 17
If YES, enter dellve~ address below:
[] No
7007 0710 0000 7418 1195
Thomas J. McCarthy
Susan McCarthy
46520 CR 48
Southold, New York 1197l
· Complete items 1, 2, and 3..Also complete
~ ~,~,n~m~ = ~dr~ on ~ r~v~
Attach I~is card to the back of the mallple~L
or on thi~ front if space permits,
Thomas J. McCarthy
Susan McCarthy
4652O CR 48
Southold, New York 11971
2. Art/cie Number
~ ~,~m~ 7007 0710
117
[] No ~
~J~e~um Receipt fo~ Merchandise
[] C.O.D.
~ra Fee) ClYes
000~ 7418 1133
Here
$
r,- [so~ero Town of Southold
m [or~O~x~, 3095 Route 25
~' Post Office Box 1179
~_ S_~uthold, NewYork 11971
· Complete Items 1,2, and 3. Also complete
Rem 4 if Restricted Delivery ts desired.
· Print your name and address on the reveme
so that we can return the card to you.
· Attach th~s card to the back of the mailpieca,
or on the front if space permits.
1. AttioleAddressedto:
Tpwn of Southold
53095 Route 25
Post Office Box 1179
Southold, New York 11971
Signature
D. Is deilva
[] Agent
[] Addressee
· Date of Delive{~
Item 17 []Yes
[] No
JUN 22 2011
C.O.D.
for Merchandise
Ceffifled Fee
r-1 Return Receipt Fee
~ (Endorsement Required)
Restricted Delivery Fee
~ (Endorsement Required)
OFFiCiAL
~ so.t To NF '
r'- [ Enwronmental Council Inc.
~ I~£?dgC~-tT~ Post Off;co n,~v ~oo
~ [~'~, , Ma~i~ck, New York 11952
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print you~lname and address on the reverse
so that w~ can return the card to you.
· Attach tll~l card to the back of the mailpiece,
or on the ~'ont if space permRs.
1. Article Addr~sed to:
NF Environmental Council Inc.
Post Office Box 799
Mattituck, New York 11952
A. S um
B. Received by (~dnted Name/ lC. o~,~ of Delivery
D, I,~elyaddce~diffem~fromitem'l? ny~
If YES, e~teccd, elive address below: r-I No
'~1~ Reglat el~L~/$~'R~-~ Receipt for Merchandtse
[] Insured ~.O.D,
4. Restflcted De~lve~r? ~ Fee) r'lyes
7007 0710 0000 7418 1171
2. Altlc[e Number
(Transfer from serv/ce/abet)
PS Form 3811, February 2004 Domestic Retum Receipt
12800 Main Road LLC
Post Office Box 1456
Mattituck, NY 11952
· ' I, 2, and 3. Also complete
d Delivery is destred.
[ddress on the mveme
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Artlcre Addressed to:
12800 Main Road LLC
Post Office Box 1456
Mattituck, NY 11952
if YES, enter delive~ a
[] Agent
[] Addr¢~
C. Date of Deliver~
[] ~xpre~s Mall
4. Restricted Delive~j? (Ex/fa Fee) [] Yes
2. A~ticle Number
O'tansferfromsemice~t~l) 7007 0710 0000 7418 7715
~ PS Form 3811, February 2004 Domestic Return Receipt
Radiant Gems Limited
Post Office Box 366
Laurel, New York ! 1948
· Complete items 1, 2, and 3. Also oomplete
item 4 if Re'~ficted Dellve~ is desired.
· print your r~ame and address on the reverse
so that we ~an return the card to you.
· Attach this ~ba~l to the back of the rnailpiece,
or on the front if space permits.
1. Article Addressed to:
[ by ( Prlnted N~lle)
addrees different flora item 171
if YES, enter delivery address below:
Radiant Gems Limited
Post Office Box 366
Laurel, New York 11948
2. Article Number
ffransf~r~m sew/ce I~)
, PS Form 3811, Febn)ary 2004
7007 0710 0000 7418 1201
F'-D [sentro?~£?dG~,_~b_tT~bT; Bethany Cemetery Assoc.
D Attn: J. Stanley Parkin
l°__(P_.°._q_°_~_~_?:_. 1700 Park Avenue
Mattituck, New York 11952
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your nam0 and address on the reverse
so that we cal~ retum the card to you.
· Attach this ca~ to the back of the maitpiece,
· or on the fror~t if space permits.
· 1. ArticleAddmssed to:
Signature
[] ,N~ent
[] Addressee
C. Date of Delh$
D. Is delivery address different from item 1 ? [] Yes
If YES, [] No
Bethany Cemetery Assoc.
Attn: J. Stanley Parkin
1700 Park Avenue
Mattituck, New York 11952
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
for Memhandise
[] Insured Mall ] C.O.D.
4. Rest r feted Delively? (Extra Fee) []yes
7007 0710 0000 7418 1188
Domestic Return Receipt 102SeS-02-M-1540
ea Bryan Drago
m ~ Marissa Drago [
~ -~t~£-~b't: 570 Pacific Street ..... ~
r,- orooBox Mattituck, NY 11952 2
· Complete items 1, 2, and 3. Also complete
item 4 if Restrlct~l Delivery is desired.
· Print your name~and address on the reverse
so that we can l~turn the card to you.
· Attach this cardlto the back of the mailpiece,
or on the front if space barmits~
Idressed to:
Bryan Drago
Marissa Drago
570 Pacific Street
Mattituck, NY 11952
1. ~ticle Addressed to:
2. ArtlcleNumber 7007 0710 0000 7418 1164
('transfer from se~ labeO
PS FOi3TI 3811, Februa~ 2004 Domestic Return Receipt 102.595-~2-M-1540
p_ [son~ro 13075 Sound Avenue LLC
c~ ~t-~;~b~-~ 285 Sweet Hollow Road
~J orPOBoxNt Hunt n ,
r,- [__..._!.___i.. gton, New Yorx l 1743
Item 4 ~1 Resblct~:l Delivery Is desired.
· Print,
so that we can return the card to you.
· Attach this card to the back of the real,piece,
or on the front if space permits.
1. Article A~ldressed to:
13075 Sound Avenue LLC
285 Sweet Hollow Road
Huntington, New York 11743
r"l Agent
C. Date of Delivery
· Certlflod Mall Mall
--- R~X~m R
s~red ece~pt for Memhandlse
J_ [] Insured Marl [] C,O.D.
J4, Restflct~l Delivery? ~ Fee) [] Yes
2. Article Number
__('rrene~'~msev~.,ebeO 7007 0710 0000 741_~.~.1157
PS Form 38'11, February 2004 Do~i~ilu Return neoeipt
Southold Town Planning Board
Notice to Adjacent Property Owners
You are hereby given notice:
1. That the undersigned has applied to the Planning Board of the Town of
Southold for a Lot Line Change;
2. That the property which is the subject of the application is located adjacent to
your property and is described as follows: SCTM#1000-141-4-26 & 32.1;
3. That the property which is the subject of this application is located in the H-B
Zoning District;
That the application is to increase SCTM#1000-141-04-26 from 0.15 acres to
0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to 2.35
acres. The property is located at 12700 Sound Avenue, on the south side of
Sound Avenue, 197.02 ft. east of Pacific Street, in Mattituck;
That the files pertaining to this application are open for your information during
normal business days between the hours of 8 a.m. and 4 p.m. in the Planning
Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS
Rte. 25, Southold (2"d FI., Capital One Bank). If you have any questions, you can
call the Planning Board Office at (631)765-1938.
Information can also be obtained via the internet by sending an e-mail message
to: CaroI.Kalin@town.southold.ny.us;
That a public hearing will be held on the matter by the Planning Board on
Monday, July 11, 2011 at 6:00 p.m. in the Meeting Hall at Southold Town Hall,
Main Road, Southold; that a notice of such hearing will be published at least five
days prior to the date of such hearing in The Suffolk Times, published in the
Town of Southold; that you or your representative have the right to appear and
be heard at such hearing.
Petitioner/Owner Name: North Fork Community Theater/Mattituck Presbyterian Church
Date: 6/14/11
Norman A. Rellly, Jr., Chairman
Lloyd H. Reisenberg, Vice Chairman
David F. Haas
Will,am G. Youn~
)ATI'ITUCK FIRE DISTRIC
PO BOX 666, PIKE STREET
MAI-rlTUCK, NEW YORK 11952-0666
John C. Harrison, Secretary
Barbara Dicke~son, Treasurer
June 23,2011
Southold Town Planning Board
Attn: Alyxandra Sabatino
P O Box 1179
Southold, NY 11971
Re: Lot Line Modification: North Fork Community Theater
SCTM#: 1000-141-4-26 & 32.1
Dear Ms. Sabatino;
The Board of Fire Commissioners of the Mattituck Fire District reviewed the above
mentioned site plan at their regular meeting on June 14, 2011; with the purpose to
answer your questions;
The Board of Fire Commissioners has "no comment" as the to the Lot Line Modification
it will not interfere with fire protection on this property
If you require any additional information please do not hesitate to contact me.
Sincerely,
John C. Harrison
Secretary/Fire District Manager
CC:
Board of Fire Commissioners
Chief
Office (631) 298-8837 Facsimile (631) 298-8841
#10299
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1
30th day of June, 2011.
Sworn to before me this
Nero. ~p,,b~ am'ia{
NOTICE f~l~¥ GI~N ~at,
· e q~esfion of ~e fo~o~
6:~ p:m. ~oposed ~t ~ne
for the No~h Fork ~u~ ~ca~r
~s~o Sold Avenue~ 197.02 ~. e/o Pa~
~ of S~o~, State of New York.
Suffo~ ~T~ Map N~b~ ~-
141~4-26 & 32.1
6:02 p.m. Proposed Site Plan for Lieb
~mes, LLC Io~ted at 13050 Oregon
Road,222' +/-e/o Cox ~ne & Oregon
Co~y of Suffolk~ State of Ne~ York.
83-3-2.1
6:~ p.m. Proposed Si~e Plan for
Sherwood House Viney~ds Ioca~ed at
26~ Oregon Road, ~0~;+/~w/o E~
jah's ~ne, Mattituck, Town of Sou~old,
~ty of Suffolk, State of New York.
6:06 p.m. ~oposed~gite Pt~ ~or
of S~thold; ~y of ~ffolk,:S~
of New York. Suff~k,Co~ Tax Map
6:08 p,~. Proposed Conse~a~n
Town of Southold, County 9f Suffo~,
State of N~w York; S~o~ ~unty Tax
Map N~bets 1~-53-14;2&L3
6:10 p.m, ~oposed ~t ~ne Change
~te~o~ Of Br~wn~ ~ Road &
~ Ro~e ~, ofiefi~To~n 6~ Sou~old,
Suffo~ ~y~ Map N~ 1~
m~ PL~N~G BO~
Matin H,Sidor
Chakman
10299-IT 6/~0 _
week(s), successively, commencing on the
Principal Clerk
day of ~
2011.
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01-VO6105050
Qualified in Suffolk County
My Commission Expires February 28, 2012
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Ch~ir
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSICI
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of
the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning
Board, at the Town Hall, Main Road, Southold, New York on the 11th day of July, 2011 on the
question of the following:
6:00 p.m. Proposed Lot Line Change for the ocated at 12700
Sound Avenue, on the s/s/o Sound Avenue, 197.02 ft. e/o Pacific Street, Mattituck, Town of
Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-141-4-
26 & 32.1
6:02 p.m. Proposed Site Plan for Lieb Vines, LLC located at 13050 Oregon Road, 222' +/- e/o
Cox Lane & Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York.
Suffolk County Tax Map Numbers 1000-83-3-2.1
6:04 p.m. Proposed Site Plan for Sherwood House Vineyards located at 2600 Oregon Road,
460 ft. +/- w/o Elijah's Lane, Mattituck, Town of Southold, County of Suffolk, State of New York.
Suffolk County Tax Map Numbers 1000-100-4-5.3
6:06 p.m. Proposed Site Plan for Pindar Vineyards located at 4195 NYS Route 25, 1,132' +/-
w/o Peconic Lane & NYS Route 25, Peconic, Town of Southold, County of Suffolk, State of
New York. Suffolk County Tax Map Numbers 1000-86-1-15
6:08 p.m. Proposed Conservation Subdivision for Manor Grove Corporation located on the
n/e/c/o NYS Route 25 & 650 Albertson Lane, Greenport, Town of Southold, County of Suffolk,
State of New York. Suffolk County Tax Map Numbers 1000-53-1-1.2 & 1.3
6:10 p.m. Proposed Lot Line Change for Droskoski & Sepenoski located at 27835 NYS Route
25, on the slw/c/o the intersection of Brown's Hill Road & NYS Route 25, Orient, Town of
Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-18-4-
7.4 & 7.8
Dated: 6/15/11
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Martin H. Sidor
Chairman
PLEASE PRINT ONCE ON THURSDAY, JUNE 30, 2011 AND FORWARD ONE (1)
AFFIDAVIT TO THIS OFFICE. THANK YOU.
COPY SENT TO: The Suffolk Times
Page 1 of 1
Kalin, Carol
From: Candice Schott [cschott@timesreview.com]
Sent: Wednesday, June 15, 2011 12:46 PM
To: Kalin, Carol
Subject: RE: Legal Ad for 6~30 Edition of Suffolk Times
Hi Carol,
I have received the notice and we are good to go for the 6/30 issue,
Thanks and have a great afternoon!
Candice
From: Kalin, Carol [mailto:CaroI.Kalin@town.southold.ny.us]
Sent: Wednesday, June 15, 2011 11:26 AM
To: tr4egals
Subject: Legal Ad for 6/30 Edition of Suffolk Times
Please print the attached legal ad for the July 11,2011 Planning Board Public Hearings regarding the
North Fork Community Theater Lot Line Change, Lieb Vineyards Site Plan, Sherwood House
Vineyards Site Plan, Pindar Vineyards Site Plan, Manor Grove Corp. Conservation Subdivision and
the Dmskoski & Sepenoski Lot Line Change in the June 30, 2011 edition of the Suffolk Times.
An e-mail confirmation of receipt for our files will be appreciated. Thanks.
Carol Kalin, Secretarial Assistant
Southold Town Planning Board
Southold Town Annex, 54375 NYS Rt. 25
P.O. Box 1179
Southold, NY 11971
Phone:(631)765-1938
Fax: (631)765-3136
Carol. Kflin~town.southold.ny.us
6/15/2011
PLANNING BOARD MEMBER9
MARTIN H. SIDOR
Chair
WILLIAM J. CREMEP~q
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WiLCENSKI
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of
the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning
Board, at the Town Hall, Main Road, Southold, New York on the 11th day of July, 20'11 on the
question of the following:
6:00 p.m. Proposed Lot Line Change for the North Fork Community Theater located at 12700
Sound Avenue, on the s/s/o Sound Avenue, 197.02 ft. e/o Pacific Street, Mattituck, Town of
Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-141-4-
26 &32.1
6:02 p.m. Proposed Site Plan for Lieb Vines, LLC located at 13050 Oregon Road, 222' +/- e/o
Cox Lane & Oregon Road, Cutchogue, ToWn of Southold, County of Suffolk, State of New York.
Suffolk County Tax Map Numbers 1000-83-3-2.1
6:04 p.m. Proposed Site Plan for Sherwood House Vineyards located at 2600 Oregon Road,
460 ft. +/- w/o Elijah's Lane, Mattituck, Town of Southold, County of Suffolk, State of New York.
Suffolk County Tax Map Numbers 1000-100-4-5.3
6:06 p.m. Proposed Site Plan for Pindar Vineyards located at 4195 NYS Route 25, 1,132' +/-
w/o Peconic Lane & NYS Route 25, Peconic, Town of Southold, County of Suffolk, State of
New York. Suffolk County Tax Map Numbers 1000-86-1-15
6:08 p.m. Proposed Conservation Subdivision for Manor Grove Corporation located on the
n/e/c/o NYS Route 25 & 650 Albertson Lane, Greenport, Town of Southold, County of Suffolk,
State of New York. Suffolk County Tax Map Numbers 1000-53-1-1.2 & 1.3
6:10 p.m. Proposed Lot Line Change for Droskoski & Sepenoski located at 27835 NYS Route
25, on the s/w/c/o the intersection of Brown's Hill Road & NYS Route 25, Odent, Town of
Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-18-4-
7.4 & 7.8
Dated: 6/15/11
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Martin H. Sidor
Chairman
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York
being duly sworn, says that on the 15th day of June, 2011 she affixed a notice of which
the annexed printed notice is a true copy, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's
Bulletin Board, Southold Town Hall, 53095 Main Road~ Southold~ New York
7/11/11 Re.qular Meeting:
6:00 p.m.
Public Hearing for the proposed Lot Line Modification for the North Fork
Community Theater, SCTM#1000-141-4-26 & 32.1
6:02 p.m.
Public Hearing for the proposed Site Plan for Lieb Vines, LLC,
SCTM#1000-83-3-2.1
6:04 p.m.
Public Hearing for the proposed Site Plan for Sherwood House Vineyards,
SCTM#1000-100-4-5.3
6:06 p.m.
Public Hearing for the proposed Site Plan for Pindar Vineyards,
SCTM#1000-86-1-15
6:08 p.m.
Public Hearing for the proposed Conservation Subdivision for Manor
Grove Corp., SCTM#1000-53-1-1.2 & 1.3
6:10 p.m.
Public Hearing for the proposed Lot Line Modification for Stanley
Droskoski, Jr. & Patricia Sepenoski, SCTM#1000-18-4-7.4 & 7.8
Sworn to before me this
,2011.
Carol Kalin
Secretary, Southold Town Planning Board
Nora r,/P-~ic
MELANIE DOROSKI
NOTARY PUBLIC, State of New York
No. 01D04634870
Oualified in Suftoik County ,-, L.
Commission Expires September 30~P- 0 | I
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
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
June 14, 2011
Reza Ebrahimi, Esq.
P.O. Box 9398
Riverhead, NY 11901
Re;
Set Hearing: Proposed Lot Line Modification for the North Fork Community
Theater
Located at 12700 Sound Avenue, on the south side of Sound Avenue, 197.02 ft.
east of Pacific Street, Mattituck
SCTM#1000-141-4-26 & 32.1 Zoning District: H-B
Dear Mr. Ebrahimi:
The Southold Town Planning Board, at a meeting held on Monday, June 13, 2011,
adopted the following resolution:
WHEREAS, this proposed lot line change will increase SCTM#1000-141-04-26 from
0.15 acres to 0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to
2.35 acres; and
WHEREAS, the Mattituck Presbyterian Church is the owner of the properties located at
12700 Sound Avenue, Mattituck, SCTM#1000-141-4-26 & 32.1; and
WHEREAS, on April 15, 2011, the agent, Reza Ebrahimi, Esq., submitted a Lot Line
Modification application for consideration; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, July 11, 2011 at
6:00 p.m. for a public hearing regarding the map dated February 2, 2010, and last
revised on January 14, 2011.
Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to
the Town's notification procedure. The notification form is enclosed for your use. You
may pick up the sign and the post at the Planning Board Office, Southold Town Annex.
North Fork Community Theater
Pa.qe Two
June 14,2011
Please return the enclosed Affidavit of Posting along with the certified mailing
receipts AND the signed green return receipt cards before 12:00 noon on Friday,
July 8t". The sign and the post must be returned to the Plannincl Board Office
after the public hearing.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Martin H. Sidor
Chairman
Encls.
Southold Town Planning Board
Notice to Adiacent Property Owners
You are hereby given notice:
1. That the undersigned has applied to the Planning Board of the Town of
Southold for a Lot Line Change;
2. That the property which is the subject of the application is located adjacent to
your property and is described as follows: SCTM#1000-141-4-26 & 32.1;
3. That the property which is the subject of this application is located in the H-B
Zoning District;
That the application is to increase SCTM#1000-141-04-26 from 0.15 acres to
0.41 acres. SCTM#1000-141-04-32.1 will decrease from 2.613 acres to 2.35
acres. The property is located at 12700 Sound Avenue, on the south side of
Sound Avenue, 197.02 ft. east of Pacific Street, in Mattituck;
That the files pertaining to this application are open for your information during
normal business days between the hours of 8 a.m. and 4 p.m. in the Planning
Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS
Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can
call the Planning Board Office at (631)765-1938.
Information can also be obtained via the internet by sending an e-mail message
to: Carol. Kalin@town.southold.ny.us;
That a public hearing will be held on the matter by the Planning Board on
Monday, July 11, 2011 at 6:00 p.m. in the Meeting Hall at Southold Town Hall,
Main Road, Southold; that a notice of such hearing will be published at least five
days prior to the date of such hearing in The Suffolk Times, published in the
Town of Southold; that you or your representative have the right to appear and
be heard at such hearing.
Petitioner/Owner Name: North Fork Community TheatedMattituck Presbyterian Church
Date: 6/14/11
AFFIDAVIT OF POSTING
This is to serve notice that I pemonally posted the property known as
by placing the Town's official poster notice(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for seven days prior to the date of the
public hearing on
I have sent notices, by certified mail - return receipt, the receipts and green
return receipt cards of which are attached, to the owners of record of every
property which abuts and every property which is across on
Your Name (print)
Signature
Address
Date
Notary Public
PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 7/8/11
Re: Proposed Lot Line Change for the North Fork Community Theater
SCTM#s: 1000- 141-4-26 & 32.1
Date of Hearing: Monday, July 11, 2011, 6:00 p.m.
MATTITUCK PRESBYTERIAN CHURCH
LOT LINE CHANGE FOR NORTH FORK
COMMUNITY THEATER
1000-141-4-26 & 32.1
~:t Line Change to increa.s.e SCTM#1000-141-04-26 from 0.15 acres to 0.41 acres.
TM#1000-141-04-32.1 w~ll decrease from 2.613 acres to 2.35 acres.
MONDAY - JULY 11, 2011 - 6:00 P.M.
3
0 _- : ""'%~'~;;~. I NOT,C[ ~ COUNTY OF
.... -: J .~,.~,~, ,, .., ~.,,. ,, ,,, I~Red ~rty Tax Service
~o~ ~ SOUTHOLD
~mc~.~ ZOO0
SECTION NO
141
PROPEFfTy
NOT~CE
COUNTY OF SUFFOLK
Red Property Jax Service
SOUTHOLD
1000
SECTION NO
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH HI
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
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:
James Richter, Engineering Inspector
From:
Alyxandra Sabatino ~-~-
Date: May 31,2011
Re:
Lot Line Modification for North Fork Community Theater
Application Name: North Fork Community Theater
Tax Map Number: 1000-141-4-26 & 32.1
Location: 12700 Sound Ave. (26) & 12605 Main Road (32.1) Mattituck
Type of Application:
X
__ Sketch Subdivision Map
Preliminary Subdivision Map
Final Subdivision Map
Road Profiles
Grading and Drainage Plans
Other
(Dated:Feb. 2, 2010)
(Dated: )
(Dated: )
(Dated: )
(Dated: )
(Dated: )
Site Plan
Revised Site Plan
(Dated:
(Dated:
Grading and Drainage Plans
Other (AS BUILT)
(Dated:
(Dated:
Project Description: This lot line modification will increase SCTM1000-141-04-26 (Lot
1) from 6,683 sq. ft. (.153 acres) to 17,964 sq. ft. (.412 acres). SCTM1000-141-04-32.1
(Lot 2) will decrease from 113,809 sq. ft. (2.613 acres) to 102,528 sq. ft. (2.354 acres).
The application required ZBA approval for side yard setbacks.
Thank you for your cooperation.
PLANNING BOARD MEMBERS
MARTIN II. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAM~ES H. RICII III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
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;
From:
Date:
Re:
Suffolk County Planning Commission
Alyxandra Sabatino ~.$ .
May 31,2011
Subdivision Application review-
· Request for comments pursuant to General Municipal Law §239 (as a referral)
and Southold Town Code §280-131
· SEQR LeadAgency request
· Coordinated review under SEQR
Dear Reviewer:
The purpose of this request is to seek comments from your agency, and also to determine lead
agency and coordinate review under Article 8 (State Environmental Quality Review ^ct-SEQRA) of
the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as
applicable:
1. Comments or requirements the Planning Board should take into consideration while reviewing the
proposed project;
2. Issues of concern you believe should be evaluated;
3. Your jurisdiction in the action described below; and
4. Your interest in assuming the responsibilities of lead agency under SEQR.
The lead agency will determine the need for an Environmental Impact Statement (ELS) on this project.
Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an
interest in being lead agency.
The following page contains information pertaining to the project under review. For further
information, please feel free to contact this office.
Southold Referral & SEQR Coordination Page Two May 3t, 2011
Planning Board Position:
(x) This agency wishes to assume lead agency status for this action.
( ) This agency has no objection to your agency assuming lead agency status for this action.
( ) Other (see comments below)
Comments:
Project Name: North Fork Community Theater Address: 12700 Sound Avenue, Mattituck
Tax Map #: 1000-141-04-26 & 31.2
Requested Action: This proposed lot line change will increase SCTM1000-141-04-26 (Lot 1)
from 6,683 sq. ft. (.153 acres) to 17,964 sq. ft. (.412 acres). SCTM1000-141-04-32.1 (Lot 2)
will decrease from 113,809 sq. ft. (2.613 acres) to 102,528 sq. ff. (2.354 acres).
SEQRA Classification: ( ) Type I
( ) Type II
(X) Unlisted
Contact Person: Alyxandra Sabatino
Planner Trainee
(631) 765-1938
Enclosures: · EnvironmentalAssessment Form
· Subdivision Application Form
· Subdivision Plan
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To:
From:
Date:
RE:
Suffolk County Department of Health Services
Alyxandra Sabatino t~-
May 31, 2011
Subdivision Application review -
Request for comments pursuant to Southold Town Code {}280-131
SEQR Lead Agency request
Coordinated review under SEQR
Dear Reviewer:
The purpose of this request is to seek comments from your agency. Please provide the following, as
applicable:
1. Comments or requirements the Planning Board should take into consideration while reviewing the
proposed project;
2. Issues of concern you believe should be evaluated;
3. Your jurisdiction in the action described below; and
4. Your interest in assuming the responsibilities of lead agency under SEQR.
The lead agency will determine the need for an Environmental Impact Statement (ELS) on this project.
Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an
interest in being lead agency.
The following page contains information pertaining to the project under review. For further
information, please feel free to contact this office.
Southold Referral & SEQR Coordination Page Two May 31, 2011
Planning Board Position:
(x) This agency wishes to assume lead agency status for this action.
( ) This agency has no objection to your agency assuming lead agency status for this action.
( ) Other (see comments below)
Comments:
Project Name: North Fork Community Theater
Address: 12700 Sound Ave
Tax Map#: 1000-141-04-26 & 32.1
Requested Action: This proposed lot line change will increase SCTM1000-141-04-26 (Lot 1)
from 6,683 sq. ft. (.153 acres) to 17,964 sq. ft. (.412 acres). SCTM1000-141-04-32.1 (Lot 2)
will decrease from 113,809 sq. ft. (2.613 acres) to 102,528 sq. ft. (2.354 acres).
SEQRA Classification:
( ) Type I
( ) Type II
(X) Unlisted
Contact Person: Alyxandra Sabatino
Planner Trainee
(631) 765-1938
Enclosures: · Subdivision Application Form
· Subdivision Map
· EnvironmentalAssessment Form
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING,aDDRESS:
P.O. Box 1179
Southold, NYl1971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
May 31,2011
Mr. John Harrison
c/o Mattituck Fire District
P.O. Box 666
Mattituck, NY 11952
Re: Request for review on the Lot Line Modification for North Fork Community
Theater
Located at 12700 Sound Avenue & 12605 NYS Route 25, Mattituck
SCTM#1000-141-4-26 & 32.1
Dear Mr. Harrison:
The enclosed subdivision application is being referred to you for your comment on
matters of interest to the fire department, including fire department equipment access,
emergency services, and any other issue that may be of concern or relevance to this
application. Please respond with your recommendations at your earliest convenience.
This Lot Line Modification will increase SCTM1000-141-04-26 (Lot 1) from 6,683 sq. ft.
(. 153 acres) to 17,964 sq. ft. (.412 acres). SCTM 1000-141-04-32.1 (Lot 2) will decrease
from 113,809 sq. ft. (2.613 acres) to 102,528 sq. ft. (2.354 acres). The application
required ZBA approval for side yard setbacks.
Please contact me at (631)765-1938 if you have any questions.
Thank you for your cooperation.
Sincerely,
Alyxandra Sabatino
Planner Trainee
Encls.: Subdivision Application
Subdivision Plat
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To,'
cc.'
From:
Date:
Re:
Scott A. Russell, Supervisor
Members of the Town Board
Elizabeth A. Neville, Town Clerk
Town Attorney
Alyxandra Sabatino, Planner Trainee
May 31,2011
North Fork Community Theater
12700 Sound Avenue & 12605 NYS Route 25, Mattituck
SCTM#1000-141-04-26 & 32.1
The Planning Board refers this application to you for your information, comments,
review, and a determination of jurisdiction, if applicable.
This proposed lot line change will increase SCTM1000-141-04-26 (Lot 1) from 6,683 sq.
ft. (.153 acres) to 17,964 sq. ft. (.412 acres). SCTM1000-141-04-32.1 (Lot 2) will
decrease from 113,809 sq. ft. (2.613 acres) to 102,528 sq. ft. (2.354 acres).
Thank you for your cooperation.
Twomey, Lat '~am,
Shea, Kelley, Dubin St Quartararo LLP
A T T 0 R N E Y S A T L A W
Felephonc: 6~i 727 2180
Facsimile: 631.727.1767
April 27, 2011
VIA FIRST CLASS MAlL
Town of Somhoid
53095 Rome 25
Post Office Box 1179
Southold, New York 11971
Attn: }leather Lanza, Director of Planning
Re:
Town of Southoid ZBA Application
Premises: 12700 Sound Avenue, Mattituck, NY
SCTM: 1000-141.00-04.00-026.000
Dear Ms. Lanza:
Enclosed is a courtesy copy of the ZBA's April 20, 2011 Findings,
Deliberations and Determination. Please advise as to when this matter will be placed
on the Planning Department's agenda.
Thank you for your kind attention.
Very truly yours,
Karen A. Hoeg
KAH/ph
Enc.
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehfinger
George Homing
Ken Schneider
http://southoldtown.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
April 21,2011
Reza Ebrahimi, Esq.
Twomey, Latham, Shea, Kelley, Dubin & Quarteraro, LLP
P.O. Box 9398
Riverhead, NY 11901
Re: ZBA File#6460- North Fork Community Theater
Dear Reza Ebrahimi:
Transmitted for your records is a copy of the Board's April 20, 2011 Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk
regarding the above application for variances.
Before commencing any construction activities, a building permit is necessary.
Please be sure to submit an application along with a copy of this determination to the
Building Department.
If you have any questions, please call the office.
Sincerel~.~.)
Vicki Toth
Encl.
Cc: Building Dept.
BOARD MEMBERS
Les. lie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehdnger
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork, net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 20, 2011
ZBA FILE: 6460
NAME OF APPLICANT: North Fork Community Theater SCTM# 1000-141-04-26 & 32.1
PROPERTY LOCATION: 12700 Sound Ave. and 12605 Main Rd., Mattituck, NY
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23, and the Suffolk County Depa~hnent of Planning issued its
reply dated March 3, 2011 stating that this application is considered a matter for local determinafon as there
appears to be no significant county-wide or inter-community impact.
LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not
involve features that relate to a regulated natural feature or a bulkhead or other shoreline.
PROPERTY FACTS/DESCRIPTION: Subject property consists of a total square footage of 120,492. Lot 1
consists of 6,683 sq. ft. and is improved with a two story frame theater. Lot 2 consists of 113, 809 sq, t~. and is
improved with a two story frame & masonry church. The property has 297.28 feet of frontage on Main Rd., (S.R.
25), 437.'/5 feet of frontage along Sound Ave., (North Rd.), 255.18 feet on the west property line and 468.61 feet
on the south property line, it is irregular in shape, as shown on the survey prepared by Nathan Taft Co,yin, III,
dated January 14, 2011.
BASIS OF APPLICATION: Request for Variance from Art. IH Code Section 28046 and the Building Inspector's
December 1, 2010 Notice of Disapproval based on an application for building permit for lot line change at; 1) lot
size less than the code required 20,000 sq. ft. per Bulk schedule in HB District, 2) less than the code required rear
yard setback of 25 feet, 3) less than the code required side yard setback of 10 feet.
RELIEF REQUESTED: The applicant proposes to expand thc area of existing lot 1000-141-04-26 ("Lot 26") to
include an additional western portion of contiguous lot 1000-141-04-32.1 ("Lot 32.1"). This proposed lot area
expansion is proposed at 17964 square feet, where the code requires 20000 square feet, this will require a lot area
variance of 2036 square feet or 10.2%. A proposed side yard setback of I foot where 10 feet is required by cede
will require a side yard setback variance of 9 feet or 90% and a proposed rear yard setback of 5.8 feet where 25 feet
is required will require a variance of 19.2 feet or 77%.
ADDITIONAL INFORMATION: The existing eastern lot line of Lot 26 borders a cemetery portion of Lot 32.1
and bisects many gravesites that were established perpendicular to this eastern lot line. The existing and proposed
rear lot line also borders and is in direct proximity to gravesites of another cemetery portion of lot 32.1. The
Page 2 - April 20, 2011 ~
ZBA Filc#6460 - North Fork Community Theat~
CTM: 1000-141-4-26&32.1
structure and its location on Lot 26 pm-exists the Zoning Code. The Board requested comments from the Southold
Planning Board and in a memo dated April 4, 2011, the Planning Board supports the lot area variance. The Zoning
Board received several letters from neighbors in support of the application.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals hold a public hearing on this application on April 7, 2011, at which time written and
oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and
other evidence, the Zoning Board f'mds the following facts to be tree and relevant and makes the following
findings:
1. Town Law §267-bO)(b)(1), Granting of the requested variances will not produce an undesirable change in
tho character of the neighborhood or a detriment to nearby properties. The variances requested herein are required
to expedite a proposed subdivision which will not involve any additions or alterations to any existing or proposed
structures. There will be no change in the appearance, traffic or noise generated by the premises from the variances
requested.
2. Town Law §267-b(3)(b)(2). The benefit sought by thc applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The subject parcel's proposed property lines which require
variances are contiguous to an existing cemetery and in order to conform to the code required setbacks would
require the relocation of existing gravasites, which action is not feasible for the applicant to pursue.
3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial with respect to the
areas, distances and their percentages of relief requested (see Relief Requested). However, the requested variances
are not substantiaI when considering the unique location bordering a cemetery and the pre-existing non-
conformities of the subject structure and parcel. The granting of the requested variances will bring the subject
parcel's lot area into more conformance with the code and place the gravesites, which are partially within the
subject parcel, entirely within the cemetery boundaries.
4. Town Law §267-bO)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighbonhood. The use
of the theater will remain unchanged and no further strain will be put on the existing sanitary and water systems as
they presently exist.
5. Town Law ~267-b{3~(b'ffS'}. The difficulty has not been self-created. The difficulty is the result of the pre-
existing creation and location of tho subject parcel and structure.
6. Town Law ~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a larger lot area and to place existing gravesites within the adjoining cemetery
boundaries via lot line changes, while preserving and protecting the character of the neighborhood and the health,
safety and welfare of the community.
RESOLUTION OF TF~ BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and
duly carried, to
GRANT, the variances as applied for, and shown on the Survey entitled "Lot Line Modification Map of Property",
last revised on January 14, 2011, "Added Lot Coverage", prepared by Nathan Taft Corwin, L.S.
Any deviation fi.om the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a
possible denial by the Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation fi.om the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or
survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action
Page 3 - April 20, 2011
ZBA File#6460 - North Fork Community Theatell~lr
CTM: 1000-141-4-26&32.1
does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are expressly addressed in .this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider.
This ResoluJ~on was duly adopted f5
Leslie Kanes W~isman, .Chd~rpe~rgon - -
Approved for filingy /o~f /2011
/
PLANNING BOARD MEMBER'S
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
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:
FROM:
DATE:
RE:
Leslie Kanes Weisman, Zoning Board of Appeals Chair
Martin H. Sidor, Planning Board Chair
April 4,2011
ZBA Application #6460: North Fork Community Theater
SCTM# 1000-141-4-26 & 32.1
Thank you for the opportunity to provide comments on the proposed variances for the
application referenced above.
The proposed use for the parcels involved in this lot line change is supported by the
Town's Comprehensive Plan. In particular, the Mattituck Hamlet Stakeholder Study calls
for the Town to encourage uses that contribute to a vibrant downtown area. Community
theaters contribute to the vibrancy of the downtown area by bringing people to the area
that may also visit nearby businesses. The lot-line change will create a larger, more
functional parcel for the existing community theater by creating a lot that is over two
times larger than currently exists. The Planning Board supports the lot area variance.
Regarding the setback variances, the very narrow setbacks on the. west side of the
building will be made conforming, while an already narrow setback on the east side will
be made even narrower to the point where accessing the building from outside seems
next to impossible without traveling over the adjacent parcel. The Planning Board
supports the setback variances as proposed, although some investigation into how the
owner of the smaller lot will be allowed access to their building for future maintenance
should be made.
The creation of Tax Map #141-4-32.1 should be determined to ensure this lot is
recognized as a legal lot by the Town pursuant to Town Code §280-9 Lot Recognition.
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
March 29, 2011
Reza Ebrahimi, Esq.
P.O. Box 9398
Riverhead, NY 11901
Dear Ms. Ebrahimi:
RE: North Fork Community Theater Proposed Lot Line Change
Suffolk County Tax Map # 1000-141-4-26
At their March 28 Work Session, the Planning Board accepted the above
application for review.
If you have any questions regarding this, please feel free to call me.
Sincerely,
Heather Lanza, AICP
Planning Director
cc: Planning Board
Southold Town Board Work Session - Pa.qe Two - I~'ch 28, 2011
Project name: Bayberry Estates
'~r{ ~h~ ~ ~i~l~ 0~'L~r~i ~v~i"~l:)l~oximately 150 feet south of Yennecott
Location:
Drve n Southold
b~i~{i~ ~ ~{~a ~a ~ ~ b~"b~ ~ 50.0609 acre parcel into 18 ots
and two (2) open space parcels where the lots range in size from 28,235 square
feet to 36,400 square feet, with the open space parcels totaling 35.0227 acres,
exc ud ng the wet ands n the R-80 Zon n~ Distri~.
Status: Cond t ona Sketch Approval
Act on Rev ew open space ownersh p & uses.
At~aqhments S~aff
Pr0je~ name .............. High and House FI LLC ' .... SCTM~: ' ...... 1000-9-11-7.1~
80 390 59 ff and Lot 2 = 118 289 sg ff n the R-80 Zoning District.
Status: Sketch Approval, . ...............
~{i~ '"~i~ ~'i~ ~"~'~{~ ~ ~'~i~ ~ ~re ~ ~"ffi~t Public Hearing.
Attachments Staff Repo~
P[oje~t.name Bu pdsci!la
Locat on 1110 Ter~ Lane Orient
Description: 2-lot 75~75 conse~ation subdivision, and a third agricultural lot with
deve opment r ghts sold (SC).
Status Pending
Act on Rev ew app cat on and consider formally accept ng it for processing.
Affachmegts; Staff Repa,d
~_~uck pmsb~e~ian
Location: 12700 Sound Avenue & 12605 NYS Route 25 .M~i~uck ....
' b~i~{i~ ~"~i~ ~' i~{ ii~ ~ ~iii i~e SCTM~1000-141-04-26 (Lot 1) from
6,683 sq. ff. (.153 acres) to 17,964 sq. ff. (.412 acres). SCTM~1000-141-04-
32.1 (Lot 2) will decrease from 113,809 sq. ff. (2.613 acres) to 102,528 sq. ff.
(2 354 acres) The app cat on reguired ZBA approval for side yard setbacks.
Status Pending
Act on Rev ew app cat on and consider formally accepting t for processing.
Attachments~ Staff Repo~
Location: west side of Ke~in Boulevard, approximately 575 feet west of August Lane, in
Description: This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1
. equals 29,869 sq. ff., Lot 2 equals 29,869 sq. ff., Lot 3 equals 29,869 sq. ff., Lot
4 equals 29,869 sq. ff. and the open space parcel equals 4.1 acres, excluding
the area of wetlands. This project includes the transferring of 37,882 sq. ff. of
buildable lands from SCTM~1000-53-4-44.3 onto the subject prope~y for the
PurPoses of establishing, yield.
Status: ~o~.io.na! P[e!imina~ Approve!
Action; Discuss sitff ~i~t~
A~ach~e~s; .None
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address: ~
i'3oO0uiio°l~ Yi 7y~i i d971_0959~j~
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
MEMO
TO:
FROM:
DATE:
Planning Board
Leslie K. Weisman, ZBA Chairperson
February 24, 2011
SUBJECT: Request for Comments ZBA # 6460 North Fork Community Theater
FEB 2 8 2011
As confirmed with your office, the ZBA is reviewing the following application. Enclosed are copies of the Building
Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved
under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this
time.
NAME TAX# ZBA# Code Variance Dateof PREPARER
ZONE DIST Section Stamped OF SURVEY
Survey
North Fork 1000-141,-4- 6460 280-46 Rear yard setback January 14, Nathan Taft
Community 26 & 32.1 and side yard 2011 Corwin
Theater setback
Your comments are requested within 30 days of this letter.
If desired, the file is available for review of additional documentation.
Thank you.
Encls.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: December 1, 2010
Twomey, Latham, Shea,
Kelley, Dubin & Quartararo LLP for
No. Fork Comm. Theater
P O Box 9398
Riverhead, NY 11901-9398
Please take notice that your application dated November 16, 2010 [-[ :- } <!
For permit for a lot line change at
Location of property 12700 Sound Avenue, Mattituck, NY
County Tax Map No. I000- Section 141 Block4 Lot 26& 32.1
ls returned herewith and disapproved on the following grounds:
The proposed lot line change is not perrrfitted pursuant to Article lli Section 280-46, which states:
"...no building or premises shall be used and no building or part thereof shall be erected or
altered in the HB District unless the same conforms to the Bulk Schedule and Parking
Schedule incorporated into this chapter by reference, with the same force and effect as if such
regulations were set forth herein in fidl."
Minimum lot size required in the HB District, according to the bulk schedule is 20,000sq.ft.
The proposed lot line change would create a 17,964 sq. ft. lot.
According to the Bulk Schedule, the required rear yard setback is 25' & minimum side yard is
10'.
The proposed rear yard setback is 5.8' & the side yard setback is 1'.
Authorized Signature
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
House No. 12700 Stree! Sound Avenue Hamlet Mattituok
SCTM 1000 Section 141 Block 04 Lot(s) 26 Lot Size .412 Ac. zone HB
1 (WE) APPEAL THE WRITTEN DETERaMINATION OF TIt~E BUILDING INSPECTOR
DATED N/A BASED ON SURVEY/SITE PLAN DATED
Applicant(s)/Owner(s):_ North Fork Community Theater As Contract Vendee
c/o Twomey. Latharn. Shea. Kelley, Dubin & Ouadararo, LLP, P.O Box 9898, Riverhoad, NY 11901
Mailing Address:
Telephone:
631-727-2180
Fax: 631-727-1767 Email:
NOTE: In addition to the above, please complete below Il application is signed by applicant's attorney, ageut,
archttecl, builder, contrac] vendee, etc. and nmne of person who agent represents:
Name or Representative: Reza Ebrah:tm~t::sq. ror[~wne~Other:
Address: ¢o Twomey, Latham Shea, Kelley, Dub n & o.a~ta,o, LLP, P.O. ~x 9398, Rive~ead, NY 11~1
Telephone: 631-727-2180 x246 Fax: 631-727-1767 Elnail: rabrahimi@suffolklaw.com
Please check to specify who you mish correspondence to be mailed to, 6~om the ahov~ names:
F),pp,lca.,,o,vne,.(s , IZ]n"'ho'*ed Rep,'ese.,a,¥;. [] O,he,' Name, Address he,ow:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED and DENIED AN APPLICATION DATED
Building Permit
Certificate of Occupancy ( ) Pre-Certificate of Occupancy
Change of Use
Perinit for As-Bufit Construction
Other:
FOR:
Provision of the Zoning Ordinance Appealed. (Indicate Article, S~ction, Subsection of Zoning
Ordi~lance by numbers. Do not quote the code.)
Article: 280 Section: 45 Subsection: (a)
T3~e of Appeal. An Appeal is made for:
[-~A Variance to the Zoning Code or Zoning Map.
A Variance due to lack of access required by New York Town Law- Section 280-A.
Interpretation of the Town Code, Article Section
~--]Reversal or Other
A prior appeal[] has, [] has not been made at any time with respect to this property,
UNDER Appeal No(s). ~ Year(s). [ O, ~C~ . (P/~ ~ ~r~ to
research before completing this quezt~on or call our o]~ce for assistance)'
Name of()wllt-r: ZI~,A File #
REASONS FOlk APPEAl, (atldirional.,Jleet.~ may be reed whh preparer's
See Attached Addendum ARE ~ IS-1RI.~IB'(ikRt~.IS03:.5':
(I) An undesirnhle change will not be produced in the ('IIA~ACTER
cleldmcal lo nearby properties if granted, because:
(1) thc he.efil sought by the applicant CANNOT be achieved by some method feasible for the
appliea~l( to pur,~ue, olher lhafl all area variall¢¢, because:
(3) Thc amount af relief requested is trot suhstantial because:
The variance will NOT have an adverse effect or impact on the physical or environmenlal conditions
file neighborhood or district because:
(5) Has the allotted difficulty been serf-created? ['~%'cs, or
Are Ihcre Cove.ants and Restrictions concerning this land: ~No. ~Yes (pleare [t~rni.rh copF).
This is the MINIMUM Ihat is necessary and adequale, and
character of the neighborhood and the health, safety, :ilid welfare of the COIII}IllHliIy.
Check this boA' ~ 1F .4 USE J'[-LR14NCE IS BEING REQUESTED, AND PLEASE (Y)MPLETE THE
477 4('11~1) U.S~ I'ARIAA~C~ SII EEf : (l*leaxe he suer.cJi)
Signalu~f Appcllanl or Authorized Agenl
~ry Public
DOREEN WE[SS
Notary Public, State of New York
No. 4931537
Qualified in Suffolk County ~,
Commission Expires June 20, ,..~
Application by:
Office Notes:
Page 3
Assigned Application No.
Pad B: REASONS FOR USE VARIANCE ('rirequested):
For Each and Every Permlfled Use under the Zoning Regulations for the Podicular District Where
the Project Is Located (please consult your afiorney before completing}:
1. Applicant cannot realize a reasonable return for each and every permitted use under the
zoning regulations for the particular district where the property is located, demonstrated by
competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because:
(describe on a separate sheet).
2, lhe alleged hardship relating to the propedy is unique because:
3. The alleged hardship does not apply 1o a substantial podion of the dislric! or neighborhood
because:
4. The request will not alter the essential character of the neighborhood because:
5. The alleged hardship has not been self-crealed because:
6. This is lhe minimum relief necessary, while at the same time preserving and protecting the
character of the neighborhood, and the health, safely and welfare of the community. (Please
explain on o separate sheet i! necessary.)
7. The spiril of the ordinance will be observed, public safely and welfare will be secured, and
substantial justice will be done because: (Please explain on a separate sheet if necessary.)
(F~ Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney,) Otherwise, please proceed 1o th~
si_jg, nafure and notary area below.
S _v4orn to before me this
--- (Notary P~'l~lic)
DOREEN WEISS
Notary Public, State at New York
No. 4931537
Qualified in Suffolk County
Commission Expires June 20, ~Jl~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: North Fork Community Theater Date Fh:epared: November 22, 2010
I. For Demolition of Existing Bnilding Areas
Please describe areas being removed: N/A
Il. New Construction Areas (New Dwelling or New Additions/Extensions):
Din~ensions of fu-st floor extension: N/A
Dimensions of new second floor:
Dimensions of floor above second level:
Height (fi-om finished ground to top of ridge):
ls basement or lowest floor area being consu'ucted? If yes, please provide height (above grmmd)
measrtred fi-om natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(at~ach extra sheet if necessmT) - Please describe binlding areas:
Number of Floors and General Characteristics BEFORE Alterations: N/A
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (fi'om surveyor):
Existing square footage of buildings on your property: 3,273 sq.
Proposed increase of building coverage: No~e
Square footage ofyour lot: 17,964sq. lL - on Proposed Lot 1 after Lot L~ne Hodif±cation
Percentageofcove~geofyourlotbybuildingarea: 18.2Z- on Proposed Lot ! after Lot L±ne Hod~ficati
Purpose of New Construction:
N/A
\q. Please describe the land contonrs (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difflcull3' in meeting the code requirement(s):
N/A
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building m'ea to be altered with yard view.
7/2002: 2/2005; t/2007
ADDENDUM TO VARIANCE APPLICATION
Pro'ect De cri tion
The property lies within the HB {Hamlet Business) zoning district and under
the dimensional regulations the minimum primary structure side yard setback
requirement is 10' and the minimum primary structure rear yard setback is 25'.
The primary structure is a pre-existing non-conforming structure.
The Applicant/Contract Vendee proposes to expand existing lot 1000~141-
04-26 {"Lot 26") pursuant to the concurrently filed subdivision application to
include an additional western portion of contiguous lot 1000-141-04-32.1 {"Lot
32.1."). There are no proposed alterations to any structures on the premises.
However, as set forth in more detail below, upon completion of the proposed
subdivision, variance relief will be necessary from Town Code 280-45 {3) as the
eastern side yard and rear yard will not be in conformance with the minimum
setback requirements.
AREA VARIANCE REASONS
(1) An undesirable change will not be produced in the CHARACTER of the
neighborhood or a detriment to nearby properties if granted, because:
The grant of the requested variance will not cause any undesirable change in
the character of the neighborhood or detriment to nearby properties. The variances
requested are a result ora sub-division application {which bas been concurrently
filed with the instant application) which will not involve any construction or
renovations, interior or exterior to any existing or proposed structures. In addition,
because the variances requested are related to setbacks to the side and rear yards,
there will be no change whatsoever in the appearance, traffic, or noise generated by
the premises if the variances are granted.
(2) The benefit sought bv the applicant CANNOT be achieved by some method
feasible for the applicant to pursue, other than an area variance, because:
The Applicant/Contract Vendee is currently under contract to purchase the
proposed lot, subject to the concurrently filed sub-division application. A copy of
the applicable Contract of Sale is annexed hereto as Exhibit "A". The property lines
negotiated between the parties were a combination of an effort to preserve the
current boundary lines of lots 1000-141-04-26 and 1000-141-04-32.1 as they
presently exist, while also expanding the lot on which the theater is currently
situated, Lot 26, to include an additional western portion of Lot 32.1.
The rear yard setback of the proposed lot will not change from its current
distance of 5.8' from the rear property line. Because the parties' intent in this
transaction was to preserve the existing boundary lines as much as possible, moving
the rear property line to conform with the required 25' setback requirement would
not be feasible herein.
Because the existing eastern property line of Lot 26 apparently bisects
several existing graves in the adjoining graveyard, the eastern line is proposed to be
moved slightly to the west, changing the side yard setback from the existing 3.7' feet
to the proposed 1.1'. It should be noted that even if the eastern property was not
proposed to be moved closer to the structure, a variance would still be necessary, as
the required side yard setback in the HB zone is 10'. Based on the foregoing, the
applicant cannot feasibly attain the intended result of the subdivision and avoid
bisecting existing graves without the variances requested herein.
(3) The amount of relief requested is not substantial because:
The variances when viewed in relation to the existing structures and lot are
minimal in nature.
The rear yard setback of lot 26, as it presently exists, is 5.8' from the rear
property line. The rear yard setback of the proposed lot will remain unchanged,
thereby not increasing the pre-existing level of non-conformity.
The side yard setback of the structure from the eastern boundary line, as it
presently exists is 3.7' from the eastern side property line. Although the proposed
setback of 1.1' is a relatively close setback, it will be a minimal change of only 2.6'
from the existing setback.
(4) The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
The variance will not have an adverse impact on the physical or
environmental conditions in the neighborhood. As discussed above, no construction
or renovations are proposed in connection with this application or the concurrent
sub-division application. The use of the theater will remain unchanged, and no
further strain will be put on the existing sanitary and/or water systems as they
presently exist.
It should be noted that the difficulties alleged herein are only self~created to
the extent that the Theatre wishes to purchase the lot upon which it is situated
while expanding that lot to include an area to its western border. Lot 26 as it
presently exists is non-conforming with respect to rear and side yard setbacks. The
new subdivision will result in a conforming setback for the western side yard and
front yard. However, because of the fact that the existing eastern boundary line
bisects graves, the Applicant is forced to move the line closer to the building and
request a variance of an extra 2.6 feet.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Is the st~t premises listed on the real estate market for sale?
[~es ~JNo
Are there any proposals to change or alter land contonrs?
[~o [~es, please explain on attached sheet.
1) Are there areas that contain sand or wetland grasses? No
2) Are these areas shown on the map submitted with fids application? IxI/A
3) Is the property bulkheaded between the wetlands area and the upland bnilding area?
N/A
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? N/A Please confirm status of your
inquiry or apphcation with the Trustees: N/^
and if issued, please attach copies ofparmit with conditions and approved nmp.
D. Is there a depression or sloping elevation near the area of proposed consm]ction at or below five
feet above mean sea level?
Are there any patios, concrete ban'iers, bulkheads or fences that exist and are not shown
on the survey map that you are subnfitting? None (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do yon have any construction taking place at this time concerning yom- premises? No
If yes, please subnfit a copy ofyonr building penint and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? No
the proximity of your lands on your map with this application.
Ifyes, please label
H. Please list present use or operations conducted at dais parcel Community lhealer
and proposed use V/ill remain lhe same
' : smgle-farmly; proposed: same with garage or pool, or other deset/ption)
-hol t
Authurized Si~atu~e and Date I
2/05; 1/07
Twomey, Latha ,
SheD, Kelley, Dubin at Quartararo LLP
A T T 0 R N E Y S A T L A W
ccheshire~suffolklaw.co
Extension 317
February 16,2011
Bv Hand Delivery
Southold Town Planning Department
53095 Main Road
Southold, NY 1 I971
Att: Heather Lanza, Director of Planning
FEB 1 7 2011
Re:
Dear Ms. Lanza:
North Fork Community Theater as Contract Vendee
SCTM #1000-141-4-26 and #1000-141-04-32.1
We represent the North Fork Community Theater as Contract Vendee in a purchase of property from
Mattituck Presbyterian Church. Enclosed is an application to the Southold Planning Department for a Re-
Subdivision/Lot Line Modification. We are concurrently submitting an application to the Southold
Zoning Board of Appeals for variances from the side and rear yard setbacks. For your review please find
enclosed the following documents:
Original and five (5) copies of Application to Southold Town Planning Department;
Applicant Transactional Disclosure Form;
Short Environmental Assessment Form;
Deeds;
Suffolk County Tax Map indicating location of the subject properties;
Authorization Form signed by Michael Hipp, Authorized Agent for North Fork Community
Theater;
Six (6) copies of survey by Nathan Taft Corwin, Ill, last revised January 14, 2011;
Check #9338 in the sum of $500.00, payable to Southold Town representing the appropriate fee.
If you have any questions or require any further information, please do not hesitate to contact me.
Paralegal
cc: Reza Ebrahimi, Esq.
Christopher Kelley, Esq.
Mike Hipp
Richard Ehlers, Esq.
Project Status Report for Re-Subdivisions (Lot Line Changes)
Application Dates
Pre-Submission Conference
Application Received
Application Fees Paid ,~//'7///
~p,c~tion Reviewed at Work Session
Fire Department Comments /~/;?.
Enqineer Conference
SEQRA Coordination
Public Headn,q Waived
Public Headnf:l Date
Final Map Routing:
Tax Assessors
Building Department _ ,~. _
Land Preservation
Highway Department
SC Planninq Commission Referral
SC Planninq Commission Comments
Conditional Final Approval / O
Final Approval
Additional Notes:
Sou{~ld Planning Department Stal~Report
Subdivision Application Work Session Review
...........Date 4(23!!2 ...........
Prepared ByI Aly~ndm Sabatin0
I. Application Information
Date of Map Februa~ 2 2010 last revised 1/14/11
~PI~!!~ North F0~k C0mmun!ty.Theater
. .Dat~..0f .Subn~.iss!0.n i 2/~17/11
Ta~ Map Nyr~be~; !41. :4:26 & 32.!
Project Loc~ion: ! 12700 Sound Ave & 12605 Main Road :
Hamlet: i Mattituck
II. Description of Project
~YP.9. 9~[.~Y!~!i~!~iR.~.; .... ~ Lot Line Modification ,
:, Ac[eag~ of ?~roject.Si~te: _, 2:76.
II1: Status
Conditional Final Approval
IV: Action to review
Review Draft Deeds
V: Project Analysis
The proposed lot line change will not create any new building lots. Both lots are already
developed, one with a church and the smaller with the existing community theater
building. The proposed lot line will improve a pre-existing non-conforming lot size from
30% conforming to 90% conforming. Building setbacks, however, will be decreased to
as little as 1' from the property line on the east side. Building setbacks on the west side
that were non-conforming and as little as 1' from the property line, will be made
conforming by the expanded lot area.
See Attached Draft Deeds.
VI: Staff Recommendations
· Accept the submitted draft deeds.
· Recommend for Final Approval at the May 7, 2012 Public Meeting.
PLANNING BOARD 5IENIBEIiS
JERFLYN B. WOODHO1J,SE
RI CH~%i~I] CAGGIANO
WILLLAJVI J. CHEMEIIS
K~q~ETH L. EDWARDS
~L~RT~N H. S~DOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDJF,.ES S:
P.O. Box 1179
Sou,.hold, NY 11971
OFFICE LOCAl'iON:
Town Hall Annex
54.~75 Sta~e Route 25
(cot. Main P~d. & Youncs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
Application for Re-Subdivision/Lot Line
Modification
APPLICATION IS HEREBY MADE fo the Town of Southold Plmming.Board ~r the,
proposed RE-S UBDIVISION described herein: ,
2.
3.
4.
5.
6.
7.
Ori~nal Subdivision Namc
SufFolk County T~x Map #
Hmnlet
Street Location
Acreage of Site
Zoning District
Date of Submission
N/A
1000-141-04-26 & 1000-141-04-32.1
Mattituck
12700 Sound Ave.(26) & 12605 Main Road
2.766 acres
Hamlet Business
November 22, 2010
32.1)
Please provide thc names, addresses aad phone mlmbers for the following
people:
Applicum:
N~weh Work C~mmunitv Theater
As Contract Vendee
c/o Twomey. Lgtham, Shea, Kelley, Dubin & Quartararo, LLP
P~Q. Box 9398, Riverhead, NY 11901
OJi-/Z/-ziSO
Ro~a Ehrahimi. Esq.
c/o Twomey, Latham, Shea~ Kelley, Dubin & Quartraro, LLP
P.O. Box 9398t Riverheadt NY 11901
~31-727-2180 x246
Property Owner(s):
Mattituck Presbyterian Church
c/o Richard Eh'lers, Esq.
456 Griffing Ave, Riverhead,
Nathan Taft Corwin III
P.O. Box 16
Jamesport, NY 11947
631-727-2090
TBD
NY 11901
c/o Twome¥~ Latham~ Shea~
P.O. Box 9398, Riverhead,
631-727-21R~ w246
Kelley, Dubin & Quartararo
NY 11901
9. Briefly describe Ge proposed lot line change and state reason(s) ~r requesting same.
Plea~ see attached addendum
10. DOES THE PROPOSED MODI~'ICATION:
Affect the street layout in the ori~nsl subdivision? No
Affect any area reserved for public use? No
Dinfinish the size of any lot? No
Create an additional building lot?
Create a noncon£orming lot7
Require a variance from the Zoning Board of Appeals?
Impact the future plam~/ng of thc subject properties?
11, Appkication completed by [ ] owner [~ agent
Yes
Yes - for Lot i setbacks
No
[ ] other
UPON SUBIWITTING A COMPLETED APPLICATION, THE PLA~NNING
BOARD WILL REVIEW THE PROPOSAL AND DETER.MINE IF TIlE
PROJECT IS ELIGIBLE FOR A WAIVER OF SUBDMSION REVIEW. IF
TIcig. APPLICATION MEETS TIlE CRITERIA FOR A WAIVER, THE
MODIFICATION MAY BE AUTHORIZED BY Tlq~. PLANNING BOARD BY
· RESOLUTION AND NO FURTHER REVIEW %VILL BE REQIf[RED.
IF THE PROPOSED LOT LINE MODIFICATION WILL CREATE
SUBSTANDARD LOT SIZES~ LOT WIDTHS OR MAKE EXISTING
STRUCUTRES NONCONFORM-I~G WITH RESPECT TO SETBACKS, THE
APPLICANT WILL NOT BE ABLE TO RECEIVE PLANNING BOARD
APPROVAL WITHOUT FIRST OBTAINING RELIEF FROM THE ZONING
BOARD OF APPEALS.
Signature of Preparer
Addendum to Anolication for Re-Subdivision/Lot Line Modification
We represent the applicant, North Fork Community Theater (hereinafter
referred to as NFCT}, Contract Vendee, for the purchase of SCTM#1000-141-
04-26 from the Mattituck Presbyterian Church.
North Fork Community Theater presently occupies the building located on
SCTM#1000-141-04-26.
The Mattituck Presbyterian Church is the owner of SCTM#1000-141-4-32.1
which is contiguous to SCTM#1000-141-04-26.
The application presented is for a Re-Subdivision/Lot Line Modification to
increase the area of SCTM#1000-141-04-26 from 6,683 sq. ft. or .153 acres to
17, 964 sq. ft. or .412 acres, and thereby creating "Lot 1" and decreasing the
area of SCTM#1000-141-4-32.1 from 113,809 sq. ft. or 2.613 acres to 102,528
sq. ft. or 2.354 acres and thereby creating "Lot 2" as shown on the enclosed
survey by Nathan Taft Corwin II1, last revised (Add revised date}
To create "Lot 1" and "Lot 2", it is proposed that two new lot line boundaries
be created on the east and west side of SCTM#1000-141-04-26, the proposed
"Lot 1". Because the NFCT intends to remain in their current existing location,
and due to the close proximity to gravesites existing on property of the
Mattituck Presbyterian Church, it was not possible to create a conforming lot
for the location of the building and an application is simultaneously being
submitted to the Southold Zoning Board of Appeals for Variances to lot line
setbacks on the east and west side of "Lot 1".
South~d Planning Department Staft~eport
New Subdivision Application
Date March 26 2011
pr.e.P~.[~d BY: Heat~e[. La~za., P!annin.g..D!m.c!or
i. Application Information
Map PI'gPa[ed By: i. NathanTaftCorwn Land Survey0[
Date of Map Februa~ 2 2010 last revised 1/14/11
Applicant: Reza Ebrah m as agent for North Fork Comm Theater
Date of Submission: 2/17/11
Tax Map Number 141-4-26 & 32.1
project L0ca!!0n: ! 2700 Sound. Ave.&.!.2605 Ma n R~ad
Hamlet: Mattituck
Zoning Distr ct HB
II. Description of Project
Description: 17,964 s.f. and Tax Lot 32.1 will decrease in size from
~.~.~.809 s:~[: t0.!.02 528 s.f:
III. Site Analysis
footpr nt)
Existing Permits,
Approvals, CO's, etc:
IV: Permits and/or Review Required From Other Agencies
This lot line modification qualifies for approval by the Planning Board prior to SC Health
Dept approval as per the new Lot Line Modification Policy the Planning Board approved
recently.
V: Project Analysis
The proposed lot line change will not create any new building lots. Both lots are already
developed, one with a church and the smaller with the existing community theater
building. The proposed lot line will improve a pre-existing non-conforming lot size from
30% conforming to 90% conforming. Building setbacks, however, will be decreased to
as little as 1' from the property line on the east side. Building setbacks on the west side
that were non-conforming and as little as 1' from the property line, will be made
conforming by the expanded lot area.
VI: Staff Recommendations
1. The application is complete. Accept the application for staff review and
processing.
2. Minor changes to the map will be required, though not at this time (see map
notes).
3. We are now requiring that the deed that is filed after approval contains a
reference to the lot line modification resolution by the Planning Board and an
attached Schedule with the map as approved.
4. ZBA comments are requested at this time.
a. Support the requested variance for lot area (the non-conforming lot is
being increased in size to be nearly conforming).
b. Support the request variance for setbacks generally, however consider
suggesting an agreement with the neighboring property owner that allows
building maintenance to occur where the proposed lot line is very close
and being moved even closer to the existing building. This may not be
necessary or may already be in place because the existing building is
close to the property line on both the east and west sides as the lot
currently exists.
Transactional Dfsclosm-e Fnem
Th, Town of 8outhold's Code o£Eth/cs nroinbits contlicts of'interest on the par~ of'town oiticer$ a~,,I
emolo¥ces. The numoac of, this form is to r~mvidc mi'm-motion whkh can ale~t die iowa oroossthl,,
conflicts of interest and allow it ffi take whalever action is necessary to avoid
Yom-Name: North Fork Coraraunity Theater
last name, First name, middle initial
unl~s yott ar~ applyh~g in the name of someone else or
other antiry, such asa company, if so, indicate
the olher po'$oll ~.~ or coat?any '~,
Nature of Al:pi/cation: (Check all that apply)
Tax grievance Building
Variance Trustee
Special Exception Coasrat Erosion
Change ofzon~ Mooring
Subdivision Plat Pltnning
Silt
· Other ('Please name other activity) '
Do you personalty (or through yom- company, spouse, sibling, parcut or chid) have a ralatia nship with any
officer or employee of the Town ofSouthold? '?,.elatio~hip inolnde~ by blood, marriage or b~iness
interest. "Bus~css interest" m;;nns a business, including a parmerskip, in which the town officer or
employee has even a partial ownership of,(or employment by) a co.oration in which thc town'officer or
employee owns mom than 5% of'the shares.
Yes No X
[fym~ nswered Yea compiele the balance of th s Corm and date and sign where indicated.
'Name of the person employed by the Town of 8outbold
Title or position of that person
Describe the retationahip between yourself(the applicant) and thc town officer or emphiyoe. Either check
tho appropriate llne A throngh D and/or describe in thc space provided.
The town oftker or employee or his or her aouae, sibling, parent ur eh'Id ia (cheek all that apply):
__ A. the owner of greater than 5% of the ~hares of the corporate stock ef the applicant
(when the applicant ia a corporation);
__ B. the l~gal or banefieia[ owner of any interest in a non:orpnram entity (when tho
applicant is not a corporation);
C, an officer, dh'actor, pat~mr or employee of the applicant; or
D. the actual applicant
Desc~pfion of Relationship:
Su~rm'Re~r ~ 2 01 ~
Agent for Applicant
Mike Hipp
c/o NFCT
P.O. Box 86
Mattituck, NY 11952
November 19, 2010
1, Mike Hipp, representative of NFCT, hereby authorize Twomey Latham Shea
Kelley Dubin & Quartararo, LLP to act as my agent on the properties
SCTM #1000-141-4-26 and SCTM #1000-141-4-32.1 in Mattituck, New York and
handle all necessary work involved in the application process with all departments in the
Town of Southold.
Sworn to before me
~aflay of t.[~e-~vvo
Notary Public
DOLORES E, QUICK
Notary Public, State of New York
No. 4869739
Qualified in Suffolk County
Commission Expires Sept. 8,20 (-.-
e~ Yorkm
~R~,n do~estio.~
businessat~
s and a~ss. ig~
plot
being
State eT
o~ th~ first
($ l'.o0. )
~oar~y of the second part,
of the l~rty of the Second Part forever,
piece or parcel of land~ With th~ b~ildlngs and improvements thereon ere~;t~
ew York, ~ounded aUd described as
a momumem'~ '~b.e. southerly line of
~ 30~ v.a~t
.t. he ~oint o~
~e same premiseS, a8 deI
party of the second pat$i
WITN~, that the pail7 of the first part, in consideratiOn
Law[ul money of the.Unlted States, a~d' Ot, hol~ f$ood SAil
by the party of the second 9art, does hereby ~rant 'and release u
asSi§ns 0fr the pirty oi the second part forever
ALL that certain pl0t, place or parcel of land, with the buildi~!~
lying and bein~ ~:liJ8 tit l, IB.t~ttttl0ks in ~b,e, Tow,
~ State of ;law, YO:L'k', boun<lecl, an.~: d.ea
BEGI211ql~G a~ a mo~''ment set in t~
a: domeatio ~eligious
and businsss at liattit~ck,
One end 00/~00--------""
,......,.~,.,.($ 1.00 ) dollars,
valuable consideration
Lto-the ,party of the second part, ~he heirs or
and improvements thereon erected, situate,
of ~outho3.cl~, countu o~ Suffolk
~ibeCl as fol3.owsS
aouthe~eL~' lSne of Soun~l A~emte
hex. ein doso~lbe~ and a~
lo,meal2 of Augus~ Rolfes~
the southe~lU line o~ sound
.qomth 6~o 30~ EaSt along' the
thenee South'?3e 1§~ ~0"
RoXfesl and thence
· ~th ~o 3~t 30" West along s, 2~.0~ feet to
~ deeds ~' ',~ .p~tiea of ~e fi~s~ p~t ~e~, ~eoo~ed In Li~e~
SCHEDULE A
ALI., that c.~'tain plot, piece or p~rc~l ofl~cl, with the bulldlnill and improvem~ntl thereon
enacted, ~iluete,;lyinll utd ~in$ t~, M~t',J~ack, [f~ the Town of Somhold, county ot Su[t'olk uxl
Slate or'New York, bounded and dalcrthed Is Ibllowa:
BEGINNING at the corner formed by the inter'section or [h~ south~'ly lide of Sound
Av~ue (North Ro~d) with the e~lterly gde o('Pt~Jflc S[J~;
RUNNING THENCE North 77' 3 ]' Eut, elo~ ~he southerly ~ld,~ of Sou~[ Awnu~,
[q?.~ ~ to lend now or formerly ot'Me~lituck Pre~byledan Church',
THENCE South 0'P 05' E,,st Ilonl~ ~ld lel~ mentioned land, 25~. IS £~t ~o land now or
formerly of P~t~r and Net~,he A~drulio;
of Pl~illo Street',
THENCE elonll ~ha ~tarly ~da ot'[~L~.llc St{~[, ',he ~{towin$ two court~ u~d dl~tu~c~s:
BEING u~d intended to be the rune premi~e~ ¢onve~ to the ~ny of the I~ put by deed
cb, ted 3tgr/t ~ r~orded 3/I 1/'11 in the Sul~olk County Clark's Ot~ce in Libor 61,9! p~e 3?4,
"O': Fidelity National Title Insm'ancc Company
.... ' · Title No.: 06-7404~65872-SUFF
SCHEDULE A-I
Description
AMENDED 8/2/06
ALL thal certain plot, piece or parcel of land, situate, lying and being in thc Town of Southold, at Mattituck, County o£
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on thc easterly side of Pacific Street distant 27 ] 34 feet southerly as measured along the easterly
side of Pacific Street from the comer funned by the intersection of the easterly side of Pacific Street and Ihe sonthcrly side
of Sound Avenue;
THENCE North 71 degrees 51 ~inutes 30 seconds East along land now or formerly of Towu of Southold 200.15 feet to
land now or formerly of Radiant Gems Ltd.;
'I'I'~NCE South 14 degrees 50 minutes 20 se4conds 'East along last menlioned land 70.29 feet to land now or t'on~erly of
Wells;
TI~ENCE South 72 degrees 43 minutes 20 seconds Wost along last mentioned land 200.00 feet to tile easterly side of
Pacific Street;
THENCE North 14 degrees 50 minutes 20 seconds West along lhe easlerly side of Pacific Street 67.27 Feet to tile point or
place oI'BEGINNING.
SUBJECT however, to a ten (10) foot righ! of way along the southerly line of said prem scs as granted to Omar Daviauh
by deed dated December I, 1947 and recorded in Ibc Suffolk County Clerk's Office on December 3, 1947 in I.iber 2780
cp 540.
_D1STRICq'
lO00
SECTION
0~7',000
B~ I'~ BI~O~ tam,ding ~t 560 ~cl~%c Strce~ ~ttl~uck
York 11952
ntnaty-nlne
place o[ bu~zncss at Not M~ln Road, k,nurcl, New York t1948-0366
....................................... ($1o,oo) .........................
BEGII~I,13 at a cohere, re rr~nu~mnt at t~ ~rt~a=terly ~r of t~
fo~rty o~ P~sbyterian ~urch on t~ ~r~ and ~ny ~te~ on c~ east,
R~I~ t~n~ ~uth B ~gr~u, 13 mtnute~, 30 ~, ~t, 122.80 ~ect
~t~ztuck P~mby~c~ian ~urch to kand ~ or fo~rly of J~m R, ~ and
~a~ a~d along eamter~y ~ of ~and ~ or fo~r~y of F~a~k Zu~c a~
%20,29 fee~ (actual) ~20,02 fee~ (~cd) ~o ~a~ of Prembyker~an ~urch
~t~r~y ~ of sa~d ~a~ a d~uta~ of 72,79 (actual) 72,7~ ~) f~t to
R~I~ t~n~ olO~ anld la~ ~rth 72 ~grcem, 45 ~nutel, 10
~ ~nt, ~ d~mtan~ o[ 200,00 ~ect ~o ~ ~lnti a~ ~ ~ ~crl~d
COUNTY OF SUFFOLK
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION [To be completed by A~plicant or Project Sponsor}
1. APPLICANTJSPONSOR /2. PROJECTNAME '
North Fork Community Theater / North Fork Community Theater
3. PROJECT LOCATION:
Muo~a~i~y Mattituck Caunt¥ Suffolk
PRECISE LOCATION (Street adclrss$ and road interneD[Was, prominenl landmarks, elD., Dt pr0vk~e map}
12700 Sound Ave. and 12605 Main Road (SCTM#1000-141-04-26 & 32.1X:'see/,., i!
attached copy of Suffolk County Tax Map.
5. PROPOSEDACTION IS:
6. DESDRISEPROJECTSR~EFLY:R~-subdividing and creating Lot Line Modifications in
order to increase proposed "Lot 1" and decreasing proposed "Lot 2" currentl~
existing as lots SCTM#1000-141-04-26 & 32.1 to' facilitate sale of "Lot 1" fr(
current owner (Mattituck Presbyterian Church) to applicant.
7. AMO{.I NT,~OFJ~'I~JD A?FE CTE D:
[nlUally z. / o o acres Ultimately 2.7 6 6 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No If No, describe brlel]y
"Lot 1" will require ZBA Variances for side and rear yard setbacks.
WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] ComrnercTa[
[] Agrlcullure [] ParkJForestfOpen Space [] ethel
Zoning is "HB" - Hamlet Business
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
[FEDERAL, STATE OR LOCAL}?.
[] Ne ]rYes, llsl. agency{s) name~dperrnil/approvals: Suffolk County Health Dept.;
Town of Southold - Planning Board - Re-Subdivision/Lot Line Modification;
Town of Southold - Zoning Board of Appeals - Area Variances
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No Ir Yea, list agency(si name and 13amllVap;~mvals:
12. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
m
-- I CErTiFY THAT ~, "2 IN~=nr~MATION PROVrDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~,
Appllc~UsPon~b~ah:lmi , Esa,/Aqent for Appiicant oa[.: ~*/ll
I If t/~actionv Coastal is In the Coastal Area, and you are. a state agency, complete the
I
I Assessment Form before proceedm~ with this assessment I
OVER
PART ]1 -~ IMPACT ASSESSMENT (T~.- completed by Lead A~ency) t~
A. D~SyoAsCTIO~JSoEEn ANY ~PE I TH~OLD IN 6 NYCRR, PART B17.47 ,lyes. coordinate review p~c~ss and use ,he FULL EAF,
B. WILL ACTI~ RECEIVE COORDINATED REVIEW Aa PROVIDED FOR UNUSTED ACTIONS IN B NYCRR. PART 617.67 If No, a neg~ive
dedaral~n may bo~u~meded by another ~vol~ed agent.
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: {Answer~. may be handwdUen, it' legible)
C1. Ex,sting air quality, surface or groundwater qualtly or ~uenllty, noise levels, existing I~-elfic pause, solid ~le production or disposal,
potenlla, ,or erosion, drain~[la or ',ood, r~ p~oblem;;? Explain brleny: ][],~ ) h ~
C2. Aeslhelio, agricultural, archaeological, hislodc, ar giber r~slural or cultural resources.' or ~emmunTly or neighborhood chiseler? Explain briefly:
C3. Vega[align or fauna, fish, shellfish ar wiMIl~e spa=les, sl~nil]can~ habile[s, e~ Ihraalened or endangered sped, as? Explain bdefly:
C5. Growth~ subsequenl development, or r~ate~l activities IlkeJy lo be Induced by the proposed acrid'l? Explain b~fletiy:
CE. Long term, shortlerm cumulatiw, orolher effecsnaL den tied in C1-CS? ExplaTn bdefly:
CT. O~,ber Impacts (~ncluding ehan~es in use of either quantity ~r [ype u~'snargy)? Explain
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes ~.~o If Yes, explain briefly;
E. IS THERE, OR IS.~IERE LIKEI Y TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS?
[] Yes L_~i~No Ir Yea, explain bde/iy:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agent)
INSTRUCTION $:. For each adverse effect Identified abo~a, determine whether Il l~ s ubslential, large, impodant or ol. harwlse slgnltlcanL Each
effect should be assessed in connecdJ0n with its ts) se[tin9 (i.e. urban or rural); (P} pr~bab[llty o~' accurrlng; (c) ~uretiorl; (d) Irreversiblli[y; (e)
geographic scope; and (D magnitude. I[ nscesser./, add attachments o~ reference SUpl:~rUnD materlaJs. Er~ure that explanatlens contain
sui'ficfent detail-to show ~ha[ all relevant adverse impacts have been Ide~tifled and adequately addressed, If queetior~ O o~' Part II wes checke~
yea, t~e del:ermlnatJon 0[significance must evaluate the potential tm pact o¢the proposal aGtle¢~ on [he environmental characlerislics et'the CE.~
~ Check this b~x if yqu have den[liked eno or.more polentially lacge or sig~i~can[advsi',ae impacts which MAY occur. Then proceed direclly to th~ FULl
EAF and/or prepare ii positive deciaraUon.
[~C hock this box if you have delermTned, baaed s n §lo ln[ormag~ n and analy$ rs above and any au ppoding documentation, thai the proposed action WILt
NOT result in any algal§cant adverse env~rom'nenlal Impacts AND provide, on attachme~lls as necessm~, Ihs reasons supporting Ibis d eterrninal[on
Name of Lead Agency Date
Pr[hi .or T~e Name o~' Res~anslblo,,Offic, er In Lea~ Agency
Sign~lura o'f Respoasl~ ORicer in I/mod Agency
Title of Responslbk~ Ofgcer
· 'gn~io e el'Preparer (Il dl[leren[ [mm mSl:~n~lbio o[Ilcur)
PLANNING BOARD ME'RS
MARTIN H. $IDOR
Ch~ir
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J~ WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To: Accounting
From: Planning Department
Date: March 29, 2011
Re: Checks
The Lot Line change application listed below has been accepted by the Planning
Board; therefore the check may be processed to Revenue Account B2115.10:
Planning Application Fees.
Thankyou.
Applicant/P~oject Name & Tax Map Amount Check
Type # bate/No.
141-4-26 &
North Fork Community Theater 32.1 $500.00 2/14/11 - #9338
LR