HomeMy WebLinkAbout6460
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · RO. 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 a
zoNiNG,,o ., or APPEALS 20;1 3:0¢
ou old Town Clerk
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 Department of Planning issued its
reply dated March 3, 2011 stating that this application is considered a matter for local determination as them
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, ft. and is
improved with a two story frame & masonry church. The property has 297.28 feet of frontage on Main Rd., (S.R.
25), 437.75 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 Corwin, III,
dated January 14, 2011.
BASIS OF APPLICATION: Request for Variance from Art. III Code Section 280-46 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. fi. 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 the 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 1 foot where 10 feet is required by code
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 File#6460 - North Fork Community Theater
structure and its location on Lot 26 pre-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 held 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 finds the following facts to be tree and relevant and makes the following
findings:
1. Town Law §267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in
the 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 the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an ama 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 gravesites, 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 substantial 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-b(3)(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 neighborhood. 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)(5). The difficulty has not been self-created. The difficulty is the result of the pre-
existing creation and location of the 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 THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member 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 from 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 from 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 Commtmgy Theater
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 Resolu~i, on was duly adopted (5 -0).
Leslie Kanes W~isman, .Cha~rpe'rson . w .
Approved for filing~ /o~/~ /2011
/
" 600'
SCALE 1 =
SUBJEOT
PREMISES
~ 77.45 u
LOT 1 '
7'7
~ECEIVEI~
FEB 2
PROPOSED LOT 2
S 89'06'20' W
S,C. TAX No. 1000-141-04-32 I
~/o/~
MATTETUCK
PRESBYTERIAN CHURCH
N/O/P
BETHANY CEMETERY
WELL
797'
393.47'
B1'
437.7 5'
O
LOT LINE MODIFICATION MAP
OF PROPERTY
SITUATE
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-141-04-26
S.C. TAX No, 1000-141-04-52.1
SCALE 1"--50'
FEBRUARY 2, 2010
JULY 50, 2010 REVISE PROPOSED PROPERTY LINE
JANUARY l~r, 2011 ADDED LOT COVERAGE
AREA DA TA
S.C. TAX No, 6,683 sq. ff. AREA TO BE TRANSFERRED 17,964 sq. ff.
FROM 1000-141-04-52,1 PROPOSED LOT 1
1000-141-04-26 0,153 ac. TO 1000-141-04-26 0,412 ac.
11,627 sq. ff.
S.C. TAX No. 113,809 sq. ff. 0.267 ac. 102,528 sq. ft.
1000-141-04-32.1 2.613 c~c. AREA TO BE TRANSFERRED PROPOSED LOT 2 2.354 sc.
FROM 1000-141-04-26
TOTAL 120,492 sq, ~f. TO I000-~41 04-52,1 TOTAL 120,492 sq. ff.
546 sq. fl,
2,765 DC. moos ~. 2~766 oc.
BUILDING LOT COVERAGE
% LOT COVERAGE
DESCRIPTION AREA EXISTING PROPOSED
LOT 1 LOT 1
000 141 04 26
THEATER BUILDING 5,275 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 BY RESOLUTION
OF APPROVAL DATED
CHAIRMAN pLANNING BOARD
THE EXISTENCE OF RIGHT OF WAYS
AND/OR EASEMENTS OF RECORD, W
ANY, NOT SHOWN ARE NOT GUARANTEED.
I HEREBY CERTIFY THAT THIS MAP WAS MADE
BY US FROM ACTUAL SURVEYS COMPLETES
FEBRUARY 2, 2010 AND THAT ALL CONCRETE
MONUMENTS SHOWN PHUS;I HEREON
ACTUALLY EXIST AND THEIR POSITIONS ARE
CORRECTLY SHOWN AND ALL DIMENSIONAL
AND GEODETIC DETAILS ARE CORRECT
50467
Nathan Taft Corw n III
Land Surveyor
Title Surveys -- Subdivisions --
PHONE (516)727-2090
OFFICES LOCATED AT
1586 Main Road
JemesporL New York 11947
$1~e PIr~ns
ConstrucDon Leyout
FDx (516)722-5095
MAILING ADDRESS
PO Box 16
Jamesport, New York 11947
29-215A
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
March 8, 2011
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman Chairman
Dear Ms. Weisman:
Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following applications submitted to the Suffolk County Planning Commission are to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impact. A decision of local determination should not be construed as either an approval or
disapproval.
Applicants
Municipal File Numbers
North Fork Community Theater
Henson, Mary Beth
#6460
#6461
TRK:ds
Vew truly yours,
Thomas A. Isles
Director of Planning
Theodore R. Klein
Senior Planner
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) 853-4044
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hail Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
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.
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
RECEIVED
FEB 2 4 EOll
BOARD OF APPEALS
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. 1000- Section 141 Block4 Lot 26& 32.1
Is retumed herewith and disapproved on the following grounds:
The proposed lot line change is not permitted pursuant to Article III 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 full."
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
RECE~'VED
FEB 2 4 201T
50~RD OF APPEALS
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
HouseNo. 12700 StYeet Sound Avenue Hamlet Mattituck
SCTM 1000 Section 141 Block 04 Lot(s). 26 Lot Size .412 Ac. Zone HB
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED ~/A BASED ON SURVEY/SITE PLAN DATED
North Fork Community Theater As Contract Vendee
Applicant(s)/O~vner(s):.
c/o Twomey, Latham, Shoe, Kelley, Dubin & Quartararo, LLP, P.O. Box 9398, Riveri~ad, N Y 11901
Mailing Address:
631-727-2180 631-727-1767
Telephone: Fax: Emaih
NOTE: In addition to the above, please complete below if application is signed by applicant's aUorney, agent,
architect, builder, contract vendee, etc. and name of person who agenl represents:
Name of Representative: Reza Ebrah:[m;[Esq. for~Owne~the,':
cio Twomey, Latham Shoe, Kelley, Dubin & Quadararo, LLP, P.O. Box 9398, Riverhead, NY t 1901
Address:
631-727-2180 x246 631-727-1767 rabrahimi@suffolklaw.com
Telephone: Fax: Email:
Please check to specify who Vo~ correspondence to be mailed to, po~L~e above names:
r-~pplicant/Owner(;), [~]Authorized Representative, [~J Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED and DENIED AN APPLICATION DATED
Building Pemnit '
Certificate of Occupancy ( ) Pre-Certificate of Occupancy
Change of Use
Permit for As-Built Construction
Other:
FOR:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
OrdOlallce by numbers. Do not quote the code.)
Article: 280 Section: ns Subsection: (3)
T>l)e of A~j~peal. An Appeal is made for:
~L~JA Variance to the Zoning Code or Zoning Map.
B A Variance due to lack of access required by New York Town Law- Section 280-A.
Interpretation of the Tow~u Code, Article ' Section
r~Reversal or Other
A prior appeal[~has, [] has not been made at an3' lime with re~logcJJo this orooerh,',
LVNDER .Appeal No(s). /-ira'{t9 / __ Year(s). /Jggfl / ~'~{,}/ / t,/t,/3 · (Please be sure to
research before completing this question or call our office for a~slstonce)
Name of Owner: ZBAWfle #
REASONS FOR APPEA. I~ (addltion~l ~heet~ m~O' he ttsed with prep~rer's
See Attached Addendum,tH£ll 154RLI:¥flz
¢~-~0 ~ECEINED
FEB 4
BOARD OF APPEALS
(1) An andesirable chan~e wilt not be prociuced in tile CIIARACTER of the neighborhood or a
detrimcn! to nearby properties if ~rantcd, because:
(2) File heaefil sought hy tilt applicant CANNOT be achieved by some method feasible for tile
applicant to pursue, olher than all area varialleC? beealls¢:
(4) The variance will NorI' have an adverse effect or impact on tile physical or enx~ironmental conditions
in tile neighborhoot[ or district becallse:
(5) }las rile alleged dilllculty hcen self-created'! [~-lYe~,
Are there C(l*enanis and Restrictions conceraing this kind:
'lhls is the 31[NlhlUM thai i~, necessary and adequate, and al Ihe same llme preserve and protect tile
character of the neighborhood aad the health, safety, and welfare of the comnmnity.
Check this bo.v ~ IF A USE IStRI I,¥CE IS BEL,¥6' REQUESTED, /IND PI.E.gSE COMPLETE TIlE
4~ ~ 4CIIhD i tfi£ I'AI{tAN't/E SIIEE'I': (lqease JJe ,eu~r~ey.)
DOREEN WE%S
Notary Public, State of New York
No. 4931537
Qu.a~if~ed in Suffolk County ~'
Commis,~ion Expires June 20,
, Application by: _
Office Notes:
Assigned Application No. .
~ECE~VED
FEB
;~OARD OF AIPEALS
Part B: REASONS FOR USE VARIANCE ('If requested):
For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where
the Project is Located (please consult your attorney 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. The alleged hardship relating to the propedy is unique because:
3. The alleged hardship does not apply lo a substantial portion of the dislrict or neighborhood
because:
4. The request will not oiler the essential character of lhe neighborhood because:
5. The alleged hardship has not been self-created because:
6. This is the minimum relief necessary, while af the same time preserving and protecting the
character of the neighborhood, and the health, safety and welfare of the community. (Ptease
explain on a separate sheet if necessary.)
7, The spiril of the ordinance will be observed, public safety and welfare will be secured, and
subslantial]usfice will be done because', (Please explain on a separate sheet il 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 to the
sLqnature and notary area below.
S~,orn to before me this
ary Public)
DOREEN WEISS
Notary public, State of New York
No. 4931537
Ouslified in Suffolk County
Commission Expires June 20,
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: North Fork Community Theater Date Prepared:
I. Fol' Demolition of Existing Bnildlng Areas
Please describe areas being removed: N/A
November 22, 2010
~CEIVED
?EB 2 4
~OARD OF APPEALS
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: lq/A
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to frrst floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessal3r) - Please describe building areas:
Number of Floors aud General Characteristics BEFORE Alterations: N/A
Number of Floors and Clmnges WITH Alterations:
IV. Calculations of building areas and lot coverage (from smweyor):
Existing square footage of buildings on your property: 3,2 7 3 sq. ft.
th'oposed increase of building coverage: None
Square footage ofyour lot: 17,964 sq. ~. - on Proposed Lot 1 after Lot Line Modification
Percentageofcoverageofyourlotbybuildingarea: 18.2%-<on Proposed Lot 1 after Lot Line Modification
V. Pm'pose of New Construction:
N/A
0
VI. Please describe the land contours (fiat, slope Vo, hea¥ily wooded, marsh area, etc.) on your land
and how it relates to the difficully in lneeting the code requirement(s):
N/A
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
fol' new construction), and photos of building area to be altered with yard view.
7/2002: 2/2005; 1/2007
ADDENDUM TO VARIANCE APPLICATION
Project Description
'~OARD Of: APPI:ALS
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 eranted, 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 of a sub-division application (which has 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 by 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.
FEB ~ 4 20~
The rear yard setback of the proposed lot will not change from its current b'OARD OF APPEALS
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
~CEIVED
FEB ~ 4 2011
front yard. However, because of the fact that the existing eastern boundary lin~o~.~o
OF
APPEALS
bisects graves, the Applicant is forced to move the line closer to the building and [.~
request a variance of an extra 2.6 feet. ~---(~0
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
~ECEZVE[~
FE~ ~ 4 201~
~OARD OF APPEALS
A. Is the st~ai.~t premises listed on the real estate market for sale?
[--~es I.~__lNo
B. Are there any proposals to change or alter land contours? ['~No ~es, please explain on altached sheet.
C. 1) Are there areas that contain sand or wetland grasses? No
2) Are these areas shown on the map subnfitted with this application? N/A
3) Is the property bulkheaded bep.veen the wetlands area and the upland building area?
N/A
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? N/A Please confirm status of your
inquhT or application with the Trustees: N/A
and if issued, please attach copies of permit with conditions and approved nmp.
D. Is there a depression or sloping elevation near tile area of proposed construction at or below five
feet above mean sea level? NI^
ga'e there any patios, concrete bmTiers, bulkheads or fences that exist and are not shown
on the smx'ey map that you are subnfitting? None (Please show area of these
stmctm'es on a diagram if any exist. Or state "none" on the above linc, if applicable.)
Do you have any construction taking place at this time concerning yom' premises? No
If yes, please snbnlit a copy of your building pemfit and map as approved by the Building
Department and describe:
Do you or any co-owner also own other land close to this parcel? No
the proximity of your lands on yonr map with this application.
Ifyes, please label
H. Please list present use or operations conducted at this parcel Community Theater
and proposed use Will remain the same
-(examplo~..~,~g smgle-farmly; proposed: same wilh garage or pool, or other deschption)
2,-/1'/11
Authorized Si~atu'ife and Date I I
2/05; 1/07
APPLICANT/AGENT/REPRESENTATiVE
TRANSACTIONAL DISCLOSURE FORM
~ECL~/ED
FEB 2 4 ZOll
~OARD OF APPEALS
The Town of Southold's Code of Ethies mohibits conflicts of interest on the part of town officers and employees. The tmmose of
this form is to provide information which can alert the town of oossible conflicts of Jnte~st and allow it to take whatever action
necessary to avoid same.
YOURNAME:
NORTH FORK COMMUNITY THEATER
NAME OF APPLICATION: (Check all that apply.)
Tax grievance
Variance X
Change of Zone
Approval &plat
Exemption from plat or official map
Other
(If"Other", name the activity.)
(Last name, first name, middle initial, unless you are applying in the name of
someone else or other entity, such as a company. If so, indicate the other
Building
Tmstee
Coostal Erosion
Mooring
Planning It
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
&the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business,
!ncluding a partnership, in which the town 6ffioer or emp oyee las even a partial ownership of(or employment by) a corporation
in which the town officer or employee owns more than 5% of the shares.
YES NO X
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name &person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicanffage,t/representative) and tile town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, o'r child is (che~k all that apply):
A) the owner of greater than 5% of the shams of the corporate stock of the applicant
(when the applicant is a corporation);
--B) the legal or beneficial owner &any interest in a non-corporate entity (when the
applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
__D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS I
Submitted this day of 20~
Signature 3,:~
PrintName Mike ~tipp
North Fork Community Theater
~CEXVED
~OARD OF APPEALS
Thc Town ct' Southnld'; Code orE.cs ore.bits conflicts oF~t~resr on the pa.
employees. The nu~a~ of &~ to~ is to provide ~o~fiun w~ch ca~ ale~t the to~ of oos~ibls
conflic~ of hi~re~t an~ all~w it ~ ~ke wh.tcvcr acorn is necessnw to avoid
Yo~Name: North Fork Co~uni%y Theater
last na~, f~st name, n6d~l~ inifi, l
un[~ you ar~ a/;p~h~g tn the name of ~omeone et~ or
el;mr enli~. ~uch a~ a compan~. ~o, i,ulicate
Nature of Apphication: (Check all that apply)
Tax grievance Building
Variance X[ Tn~me
Special Exception Coastal Erosion
Change ofzoItc Moor~g
Subdivision Plat Pl~ing
Silu Pl~
· O~r ffleas~ ~me ~ther activin) '
Da you pcrsoaally (or ~'ough yom' company, spouse, sibling, parent or child) 'have a relatio,slfip with any
officer or employee ortho Town ofSonthold? "Relatioimhip inaluc~es by blood, marriage or buai~=ss
interest. "Business intarnst" means a business, including a parm=rakip, in which the town o£ficer or
employee has even a partial ownership of(or employment by} a corporation in wE. ich the town'officer or
employee o~ns more Ihan 5% of the abm'ns.
Yes No X
[?you nswcred Yea complain the balance ofth~s form and date and s~gn where indicated.
Name of the perann employed by the Town of 8outhold
Title or position of thai person
Deserib~ thc relationship berweon yourself(the applicant) and the town officer or nmploy~e. Either check
tho appropriate llne A through D an~or d~scsihe tn th~ space provided.
The town ofl]cer or ~mphiyee or his or her souse, sibling, parent or child ia [check all that apply):
A. the owner of pr=star titan 5% of the shares of the corporate stock of thc applicaut
(when the applicant is a corporation);
El. the legal or hcueficia[ owner of any interest iua noncorpnrate entit~ (whcn thc
applicant is not a corporation);
__ C. aa officer, director, patterer or employee of the applicon, t; or
__ D. ~e actual applicant
Description of Relationship:
Submitted this day o~_-----;~,~ 2 010
Signature _
Print Name ~,=~
Agent for Applicant
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN Ha~LL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. northfork.net/Southold/
Examined 20 __
Appro~'ed ,20___
Exph'ation ,20___
PERMIT NO.
BUILDING PER_MIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey.
Cheek
Sep6c Form
N.Y.$.D.E,C.
Trustees
Contact:
Mail to:
Phone:
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date November 16 ,20 10
INSTRUCTIONS
a. This application MUST be completely filled hi by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoin;ns premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a pertmt
shall be kept on the promises available for inspection throughout the work.
e. No building shall be occupied or used in whole or hi part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed withfl~ 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereal~er, a new permit shall be required.
APPLICATION IS I-~REBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York; and other applicable Laws, Ord'mances or
Regulations, for the consttuction of buildings, additions, or alterations or for removal or demolition as herKm described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code,,~nd regulations, and to admit
authorized inspectors on premises and in building for necessary uispecfions. ~
(Si~ure of applicant or name, if a corporation)
Twomey, Lat~m, Shea, Dubin & Quartararo
P.O. Box 9398, Riverhead, NY 11901
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, m'ehitect, engineer, general contractor, electrician, plumber or builder
Agent
Nameofovalerofprenfises North Fork Community Theater, As Contract Vendee
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of coq~orate officeQ
Builders License No. N/A
Pb,nhers License No. N/A
Electricians License No. N/A
Other Tmde's License No. N/A
Location of land on which proposed work will be done:
12700 Sound Avenue
House Number Street
Mattituck
H~et
County Tax Map No. 1000 Section
Subdivision N/A
(Name)
141
Block 0 4
Filed Map No.
Lot 26
Lot
State existing use and occupancy of premises and intended use and occupancy of proposed cousl~uefion: Existing use and occupancy coramunity Theater
b. Intended use and occupancy Community Theater
3. Nature of work (check which applicable): New Building Addition Alteration
Repair Removal Demolition Other WorkAoolvino for Lot Line
Modification and ZBA Variances for Side & Rear Y~rd Setbac~ - - (Description)
4. Estimated Cost Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units N/a Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each grpe of use. Theater
7. Dimensions of existing structures, ifany:Front 41.4' Rear 38.5'
Height. Number of Stories 2
Depth
81
Dimensions of same structure with alterations or additions: Front N/A Rear
Depth. Height. Number of Stodes
Dimensions of entire new construction: Front N/A Rear Depth
Height Number of Stories
9. Size of lot: Front Rear .Depth
10. Date of P~chase TBD Name of Former Owner Mattituck Presbyterian Church
] 1. Zone or use district in which premises are situated Hamlet Business
12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ N/A
13. Will lot be re-graded? YES__ NO__ Will excess fill be removed from premises? YES. NO N
14. Names of Owner of premises/'~rC~'t;5~.'Address .A~tSl~f~lt ~'r~/¢;~Phone No. $'t6,- ~¢¢
Name of Architect Address ~" Phone No
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO __
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet ora tidal wetland7 * YES __NO__
* IF YES, D.E.C. PERMITS MAY BE REQ~D.
x
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF )
Re z a E bt a himi, g s q. being duly sworn, deposes and says that (s)he is the app~cant
(Name of individual si~tming conlzact) above named,
(S)He is the Aqent
(Conl~actor, Agent, Corporate Officer, etc.)
of said ownm' or owners, and is duly attthorized to perform or have peffonned the said work and to make and file this application;
that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
20 10
Notary Public
DO'REEN WEISS
Notary public, State of New York
No, 4931537
Qualified in Suffolk County
Commission Expires June 20, AOJ¢
oApplicant
Twomey, Latha ,
Shea, Kelley, Dubin & Quartararo LLP
A T T 0 R N E Y S A T L A W
February 16,2011
33 West Second Street
Riverhead. New York ] 1901-9:598
Telephone: 631 727.2180
ccheshire~suffblklaw.co
Extension 317
By Hand Delivery
Southold Town Zoning Board of Appeals
53095 Main Road
Southold, NY 11971
Att: Leslie Kanes Weisman, Chairperson
Re:
Dear Ms. Weisman:
North Fork Community Theater as Contract Vendee
SCTM #1000-141-4-26
We represent the North Fork Community Theater as Contract Vendee in a purchase of property fi'om
Mattituck Presbyterian Church. Enclosed is an application to the Southold Zoning Board of Appeals for
variances from the side and rear yard setbacks. We are concurrently submitting an application to the
Southold Planning Department for a Re-Subdivision/Lot Line Modification. For your review please find
enclosed the following documents:
· Original and seven (7) copies of Application to Southold Town Zoning Board of Appeals;
Applicant Transactional Disclosure Form;
· Questionnaire for Filing ZBA Application;
Town of Southold Property Record Card;
· Town of Southold Building Department Notice of Disapproval dated December 1, 2010;
Suffolk County Tax Map indicating location of the subject property;
Authorization Form signed by Michael Hipp, Authorized Agent for North Fork Community
Theater;
· Eight (8) copies of survey by Nathan Taft Corwin, Ill, last revised January 14, 2011;
Check #9337 in the sum of $600.00, payable to Southold Town representing the appropriate fee.
lfyou have any questions or require any further information, please do not hesitate to contact ~ne.
Paralegal
cc: Reza Ebrahimi, Esq.
Christopher Kelley, Esq.
Mike Hipp
Richard Ehlers, Esq.
20 Main Sm'et
Eas~ Hampt. n, NY 11937
631 ~24 1200
51 Hill Street
Twomey, Latha
Shea, Kelley, Dubin St Quartararo LLP
A T T 0 R N E Y S A T L A W
FEt~ 2 4
~OARD OF AppEALS
MAILING ADDRESS:
Post Office Box 9398
Riverhead, New York 11901-9398
MAIN OFFICE:
33 West Second Street
Riverhead, New York 11901-9398
Telephone: 631.727.2180
Facsimile: 631.727.1767
www.su ffolklaw, com
ccheshire@su ffolklaw.co
Extension 317
February 24,2011
By Hand Delivery
Southold Town Zoning Board of Appeals
53095 Main Road
Southold, NY 11971
Att: Vicki Toth
Re:
Dear Ms. Toth:
North Fork Community Theater as Contract Vendee
SCTM//1000-141-4-26
Pursuant to the above referenced matter and our meeting yesterday, enclosed please find the
following:
· Applicant/Representative Transactional Disclosure Form signed by Mike Hipp of North
Fork Community Theater;
· Check #9340 for $900.00 representing the additional fees $400.00 for each of the two
requested variances and $500.00 for the Area Variance for the undersized lot.
If you have any questions or require any further information, please do not hesitate to contact
me. Please advise when this application will be placed on the Zoning Board agenda.
Paralegal
cc: Reza Ebrahimi, Esq.
Christopher Kelley, Esq.
Mike Hipp
Richard Ehlers, Esq.
North Fork Community Theatre
12700 Old Sound Ave, PO Box 86
Mattituck, NY 11952
631-298-4500
~O~D OF APPEALS
15 November 2010
Re:
North Fork Community Theatre
12700 Olde Sound Ave, Mattituck
SCTM#: 1000-141-04-26
To Whom It May Concern:
I, Michael Hipp, am the owner or authorized agent of the property identified as
Suffolk County Tax Map Number 100-141-04-26 in the Town of Southold, hereby
authorize Twomey Latham Shea Kelley Dubin & Quartararo, LLP and their
representatives, to act as my Agent on said property and handle all necessary work
involved in submitting and processing all applications required by the Town of Southold
relating to the property referenced above.
Sworn to before me this
day of
£YNDA L. CIRCO
Notary Public, State of New York
No. 4842814 - Suffolk County
Commission Expires July 31, 20 ~
COUNTY OF SUFFOLK ~ IKI , -~o i,..~
SOUIHOLD SECTION NC)
1~1
FOYER OWNER ~ ~
~ ~ _ ] J ILUMM. CB, MISC, Mkt. Value
A~E BUILDIN~ CONDITION
FA~ Acre V~lue Per Value
'[llab~e
illabJe 3
/oodJand
¥ompland
-ushland
~use PJof
_ FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
__ ,j DOCK
M. I~ldg.
Extension
E~tension
a e s on
Porch
I 3reezewoy
Gorage
~ot/o
Total
COLOR
J Fou~dofion
Basement
i Ext. VVoIIs
Fire Place
Yype Roof
r Driveway
!Bath
Floors
Interior Finish '
Rooms Jst Floor
Roams 2nd
NEW
FARM
NORMAL
,~,Cre
I
rNG CONDIT[ON
DATE REN~RKS
BELOW ABOVE
r Value
Fillable
~?ood,and J ~RO~TAGE ON WATER
Aeedowfand ~ ....... FRONTAGE ON ROAD
............. DEPTH
i'ouse Plot
~, ~ULICHEAD
~ 01: ApPE~t'~
3~rcge
jFoundotion
/ails
!F/re Place
T}~)e Roof
~,ecreafion Room
Dormer
Driveway
Bath
Flodrs
tnterio~ Finish'
Heat
Rooms 1st Floor
Rooms 2nd FJoar
LR.
FIN. B.
OWNER
FORMER OWNER
~Es..~tt s~s,
IMP.
orb o
AGE
NEW
~ble 2
qllable 3
¥oodland
TOWN
r~shlond
OF $OUTHOLD
TOTAL
BUILDING CONDITION
PROPERTY RECORD CARD
VILLAGE ~J~SUB.
E ~ -J I_XF~'
DATE I REMARKS
NOPdV~L I ~ BELOW
Acre
ABOVE
Votue
DEPTH
BULKHEAD
I DOC[<
FRONTAGE ON WATER
FRONTAGE ON ROAD
?,01~,0 04 ~ -
APPEALS BOARD MEMBERS
Gerard P. Gochfinger, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
South61d Town Hall
53095 Main ROad
I179
Southold, New, York 11971
ZBA Fax :(516) 765-9064
T¢lephon~ (516) 765-1809
zow oF sovr o,..-
FINDINGS, D~IB~RATtONS AN~ .D~TE~NATION v~ ~ 4 2011
-" R~GU, LA~,~ETING OF AP~ 30, 1998
STRUT ~.[~O~.: ,~:~M~ R~d ~d Sold A~enue, ~t~ek.
DATE. OF ~I~-:~G...:Ap~ 16~ 19~.
FINDINGS OF FACT
PROPERTY FACTS/ItESCRIPT$ON:
The above-identified pi'ope~'-~y iS a ~er lot, si~te on ~e southerly
~ of Sq~d~-~u0 .~-~e,i~terty side of ~ R~d (a/k/a S~te
~ui~ ~)~ ~tfitU~. TheV~j~t p~mises eo~ists of a ~ size of
163,;9!6 sq~ f~t~ (3~3~,~i,~as sho~ on the ~m~r 10, 1997
~u~-.p~a~d by NO~. S~e~g, P.C.- ~e p~es is
1~ ~: a ~u~ b~ t~ted at the ~terly'~on of ~e
~:~ ~t"~;:'~ 'f~,-~m~ the chain link fen~'-to ~e ~r~ {close
to ~'~ n~e~Y-~.p~p~y(:~-.~ng :Sold 'Avenue). ~so ~g on
the .. ~m~ges ~,.a~ :20 ft~'by'~ ft. ~o~, stmct~e and ~e
Cement. , ~FQ~ ~o~ ~s~, it ~ noted t~t the~ ~ o~er
~n~s. adJo~ ~ ~.~tte ~o o~ed by the appH~t iden~d
Co~ T~'~p :p~e~.26.~::33 ~d34, ~ 1~0, S~on !41,
BASIS OF: APPEAL: Buildin~ Inspector's Mmreh 13, 1998 Action of
D~sapproval w]i~eh .reads.as ~follows.
":..Under ?XIV, section 100-243, a nonconforming builaing
with ~ nonc~,nf0rn~ng.USe c~mnot be enlarged, reconstructed or
st~eturall~.Y;/.al, te~.. d) blgte ~ the nonconfomning use pea. t.,ns to the
liB. Z~.n,e w~9]~e,i~b%tre_.h..~s ~ not pe~nitted; the nonconfointfing
building ~!; t0 th,el.e~ting front yard set back to Rt. 25
Wh~h~ ~S:!i~i~; th~:~equh~d. 15 feet. Action rec4uh~d, bv the
ZO- -n '
VARIAN E ~F~ R ED :BY ~ ·
... ~ ............... ~. · . PP p. p es the
eonstmtc~ an. ,~$~i~h ah~'?.~It~r~tion to an existing church as shown on
the sur~ey .~e~ae~ ~l~a~eh ,lB, 1,998 (Surveyor 3ob. No. F997) consisting
of a new' a~ea'of ~82 f:.~t by. 34~8 feet, whteh, replaces the existing front
poeel~ and Step areas, and a~ter~ ~ portion of the existing building.
Page 2 April 30, 1998
Mattituck. ?resbysterian ·Church
Appl.. #4561:1000-141-4'32.1
S0uthold Town Board of Appeals
~°~0 OF APPEA~
REASONS FOR BOARD ACTION,. :DESCR~IBEI~ :,BELOW:
1.. Grant of an area variance will not produce an undesirable change in
the character of the neighborhood or a detriment to nearby properties
because the Church was built in i715~ Centuries prior to zoning, and the
modest expansion proposed is in keeping with the time-honored site of
the Church. The proposed setbacks of the new addition conform to the
code requirements.
2. The benefit sought by the applicant .cannot be achieved by some
method, feasible for the applicanl to pursue, other than a variance,
because there is ao other practical location on the site to build an
extension onto the Church.
3. The requested variance is not substantial. It is well established
under the case law that religious institutions enjoy enhanced protection§
and are ~o receive wider lafftude in permissive land-use than commercial
businesses such asprevided for in this Hamlet Business District.
4. The difficulty bas not been self-created and is due to the historic
use and location of the Church at this site.
5. The proposed variance will not 'have an adverse effect or impac{ o~
the physical-or environmental conditions in the neighborhood or distnict
because the Church has ex~isted in harmony with the community ,at this
site ~or more than 200 years.
In considering this. application, the Board deems this action'to be. the
minimum necessary and adequate, and a~ the same time preserves and
protects the character of the neighborhood, and the health, safety,
welfare of the community.
RESOLUTION/ACTION: On motion by Member Tortora, seconded 'by
Chai man Goelirmger, it was
RESOLVED, to GRANT the relief, as applied for.
VOTE OF THE BOARD: AYES: M~,~ERS GOEHRINGER., DINIZIO,
TORTORA, HORNING~ COLLINS~/~:~~~pted 5.0..
AS400/txtlk/141-4-~.t
Twomey, Lathl J t,
Shea, Kelley, Dubin & Quartararo LLP
A T T 0 R N E Y S A T L A W
20 Main Street
Hill Street
March 15,2011
By Hand Delivery
Southold Town Zoning Board of Appeals
53095 Main Road
Southold, NY 11971
Att: Leslie Kanes Weisman, Chairperson
r RECEIVE ,
( AR 1 5 20!I
MAILING ADDRESS:
Post Office Box 9398
Riverhead, New York 11901-9398
MAIN OFFICE:
33 West Second Street
Riverl~ead, New York 11901-9398
Telephone: 631.727.2180
Facsimile: 631.727.1767
www.su ffolklaw.com
ccheshire~suffolklaw co
Exlension 317
BOARD OF APPEALS
Re:
North Fork Community Theater as Contract Vendee
SCTM #1000-141-4-26
Dear Ms. Weisman:
We represent the North Fork Community Theater as Contract Vendee in a purchase of property from
Mattituck Presbyterian Church. On February 16, 2011, I hand delivered an application to the Southold
Zoning Board of Appeals for variances from the side and rear yard setbacks. At the time of submission I
did not have photographs of the subject area. Enclosed for the Zoning Board review are the following:
Eight (8) copies of the following photos:
Photo #1 - Facing South with Orange Flagged Stake indicating new N/E boundary line;
Photo #2 - Facing Front of Theater to South with Orange Flagged Stake on left
indicating new N/E boundary line;
Photo #3 - Facing North with Orange Flagged Stake indicating new S/E boundary line;
Photo #4 - Facing South with Orange Flagged Stake indicating new S/W boundary line;
Photo #5 - Facing South from street with Orange Flagged Stake indicating new N/W
boundary line;
Photo #6 - Facing West from front across Parking Area to Wooded Area within S/W and
N/W boundary lines.
If you have any questions or require any further information, please do not hesitate to contact me.
Charlene Cheshire
Paralegal
cc: Reza Ebrahimi, ,Esq.
Christopher Kelley, Esq.
Mike Hipp
Richard Ehlers, Esq.
North Fork Community Theater
Photo #1
Facing South
Orange Flagged Stake indicates N/E Boundary Line
North Fork Community Theater
Photo #2
Facing South
Orange Flagged Stake indicates N/E Boundary Line
North Fork Community Theater
Photo #3
Facing North
Orange Flagged Stake indicates S/E Boundary Line
Stake to Right indicates Old Boundary Line
North Fork Community Theater
Photo #4
Facing South
Orange Flagged Stake indicates S/W Boundary Line
North Fork Community Theater
Photo #5
Facing South
Orange Flagged Stake indicates N/W Boundary Line
North Fork Community Theater
Photo #6
Facing West From Front Across Parking Area
Wooded Area Within S/W and N/W Boundary Lines
Town of Southold
(6
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
FREE OM OF I FOR TIO OFFIOE <<N U l
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
02/25/2011
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
North, Fork Community Theater
P O Box 86
Mattituck, NY 11952
Received $1,500.00 for Application Fees, on 02/24/2011. Thank you for stopping by the City Clerk's
office.
As always, it is our pleasure to serve you.
Neville
Clerk
Elizabeth A.
Southold Town
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
February 25, 2011
Zoning Appeal No. 6460
Transmitted herewith is Zoning Appeals No. 6460 of Reza Ebrahim for North Fork
Community Theater as Contract Vendee- the Application to the Southold Town Zoning Board
of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional
Disclosure Form, 2 Cover Letters from Charlene Cheshire, Paralegal Dated February 16 & 24,
2011, Notice of Disapproval from Building Department Dated December 1, 2010, Authorization
Letter from Michael Hipp to Twomey, Latham, Shea, Kelley, Dubin & Quartararo to Represent
Them in this Matter, Copy of Tax Map with Property Highlighted, 5 Pages of Property Record
Cards, Copy of Findings & Determination from Board of Appeals Dated April 30, 1998 No.
4561, Copy of Survey Showing Existing & Proposed Construction Dated January 14, 2011
Prepared by Nathan Taft Corwin III.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
In the Matter of the Application of
NORTH FORK COMMUNITY THEATER
For variances pursuant to
Article III Code Section 280-46
of the Code of the Town of Southold
ORIGINAL
APPLICANT'S MEMORANDUM OF LAW
IN SUPPORT OF THE APPLICATION
TWOMEY, LATHAM, SHEA, KELLEY,
DUBIN & QUARTARARO, LLP
Attorneys for Applicants
33 West Second Street, P.O. Box 9398
Riverhead, New York 11901
(631 ) 727-2180
Dated: April 7, 2011
Of Counsel: Karen A Hoeg, Esq.
STATEMENT OF FACTS
The applicant North Fork Community Theater (hereinafter sometimes "NFCT"), is
contract vendee of the Mattituck Presbyterian Church pursuant to a contract of sale dated August
28, 2009, a copy of which is annexed hereto as Exhibit "A'. The applicant hopes to obtain the
variances necessary and a lot line modification/re-subdivision such that the property described in
the contract (hereinafter the "subject property") can be separated from the remaining property
owned by the Church and can be conveyed to the North Fork Community Theater. The Church
property is located on the comer of Main Road and Sound Avenue in Mattituck and the subject
property fronts on Sound Avenue.
The property that NFCT seeks to divide off and purchase contains the pre-existing non-
conforming theater building, which is currently used by NFCT. Prior to 1970 a portion of the
subject property sought to be divided, on which the building currently exists, was owned by
NFCT. This property is designated on the current tax map, a copy of which is annexed hereto as
Exhibit "B", as Suffolk County Tax Map number 1000-141-4-26. On property immediately
adjacent and to the west of that property is a gravel parking area utilized by NFCT in conjunction
with the theater. It is proposed that a new lot be created that includes the lot that the theater is on
(1000-141-4-26) and originally owned by NFCT as well as the property to the west of that which
includes the gravel parking area.
The proposed lot consists of 17,964 square feet. The lot to be retained by the Church
would consist of 120,482 square feet.
The original theater lot was conveyed to the Church by deed dated June 10, 1970 and
since that time the theater has leased that property from the Church. The lease is set to expire in
2012 and NFCT, rather than leave its traditional home, resolved to buy the theater building and
the adjacent property for a parking lot.
Business) Zoning District.
The subject property is located in the HB (Hamlet
RELIEF REQUESTED
The subject property requires variances from Code §280-46 (Bulk Schedule) for lot area
and side and rear yard setbacks. The proposed new lot would consist of 17,964 square feet,
where 20,000 square feet is required in the Hamlet Business District. In addition, a rear yard
setback of 25 feet is required and the rear yard setback on the proposed lot would be 5.8 feet.
Lastly, the Code requires a side yard setback of 10 feet. The proposed setback would be 1.1 feet.
THE PLANNING BOARD RECOMMENDS GRANTING THE VARIANCES
By memo dated April 4, 2011, a copy of which is annexed hereto as Exhibit "C", the
Southold Planning Board has recommended approval of the variances noting that the variances
will allow the theater lot to be increased in size. It also notes that the use of the two parcels will
be consistent with the Town's Comprehensive Plan.
APPLICANT SATISFIES THE STANDARDS FOR THE GRANT OF AN AREA
VARIANCE PURSUANT TO TOWN LAW §267-b
Pursuant to Town Law Section 267-b, the ZBA is required to consider the following
factors when deciding whether the standards for a variance have been met:
(a) whether the grant of the variance will cause an
undesirable change in the character of the neighborhood or
will create a detriment to nearby properties;
2
(b) whether the benefits sought by the applicant can be
achieved by some method feasible for the applicant to pursue
other than an area variance;
(c) whether the requested area variance is substantial;
(d) whether the grant of the variance will have an adverse
effect or impact upon the physical or environmental conditions
in the neighborhood or in the affected area of the Town; and
(e) whether the difficulty causing the applicant to request
an area variance was self-created which consideration shall be
relevant to the determination of the Board but shall not
necessarily preclude the grant of the variance.
It is clear that the benefit to the applicant from granting the variances outweighs any
detriment to the general healthy, safety and the welfare of the neighborhood and the Town as a
whole. The variances requested will allow the North Fork Community Theater to remain in its
traditional home and allow it to continue to contribute to the Mattituck downtown area.
The lot-line change will create a larger more functional parcel for the existing community
theater and will aid in bringing people to the downtown area.
1. There Will Be No Undesirable ChanKe In The Character Of The Neighborhood Or
Detriment to Nearby Properties.
The grant of the requested variances will not cause any undesirable change in the
character of the neighborhood or detriment to nearby properties. The variances requested are the
result of a subdivision application (which has 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 or rear yards, there will be no change whatsoever in the appearance of the
property, or the volume of traffic or noise generated by the premises if the variances are granted.
3
2. The Benefit Sought By The Applicant Cannot Be Achieved By Some Method Feasible
For The Applicant To Pursue Other Than An Area Variance.
The applicant/contract vendee is currently under contract to purchase the proposed lot,
subject to the concurrently filed subdivision application. See 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 for parking.
The rear yard setback of the theater building on 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 of tax lot 26 as much as possible, moving the rear
property line to conform with the required 25' setback requirement would not be feasible.
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 Variances Requested Are Not Substantial
The variances when viewed in relation to the existing structures and lot are minimal in
nature.
4
The rear yard setback of lot 26, as it presently exists, is 5.8'. 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'. 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.
The minimal nature of the variances requested in the context of the overall plan is
underscored by the fact that the lot size will be drastically increased as will the side yard
setbacks on the west side of the building.
4. The Application Will Not Have An Adverse Effect Or Impact On The Physical Or
Environmental Conditions in the Neighborhood or District
The variances 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 subdivision 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 theater 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 and area. 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.
5. The Situation Which Lead the Applicant To Seek A Variance Is Not Self-Created
As the NFCT intends to remain in its current existing location (on what is now a
preexisting nonconforming lot), and due to the close proximity to gravesites on the existing
property of the Mattituck Community Church, the need for the variances requested is not self-
created. The modified theater lot will, overall, be more conforming rather than less conforming
as a result of the granting of the relief requested.
CONCLUSION
It is respectfully submitted that the variances requested be in all respects granted.
Yours etc,
Twomey, Latham, Shea, Kelley, Dubin &
Quartararo LLP
P.O. Box 9398
Riverhead, NY 11901
631-727-2180
Fax: 631-727-1767
Exhibit A
Downpayment in an intemst-beming account for the benefit of the parties.
If interest is held lbr the benefit of the pmlies, it shall be paid to the party
entitled to the Downpayment and the party receivh~g the interest shall pay
any income taxes thereon. If interest is not held for the benefit of the
parties, the Downpayment shall be placed in an IOLA account or as
otherwise permitted or required by law. The Social Security or Federal
Identification numbers of the pa~nties shall be furnished to Escmwee upon
request. At Closing, the Downpayment shall be paid by Escrowee to
Seller. If for any mason Closing does not occur and either party gives
Notice (as defined in paragraph 25) to Esurowee demanding payment of
the Downpaymetu, Escrowee shall give prompt Notice to the other party
of such demand. If Escmwee does not receive Notice of objection from
such other party to the proposed paymant within 10 business days after
the giving of such Notice, Escrowee is hereby authorized and directed to
make such payment. If Escrowee does receive such Notice of objection
within such 10 day period or if for any other mason Escrowee in good
faith shall elect not to make such payment, Escrowee shall continue to
hold such amount until otherwise directed by Notice from the parties to
this contract or a final, nonappealable judg~nent, order or decree of a
court. However, Eacrowee shall have the light at any time to deposit the
Downpay~nent and the interest thereon with the clerk of a court in the
county in which the Premises are located and shall give Notice of such
deposit to Seller and Purchaser. Upon such deposit or other disbursement
in accordance with the terms of this paragraph, Escrowee shall be relieved
and discharged of all lhrther obligations and responsibilities hereunder.
(b) The parties acknowledge that, although Escrowee is holding
the Downpayment for Seller's account, for all other purposes
Escrowee is acting solely as a stakeholder at their request and for their
convenience and that Escrowee shall not be liable to either party for
any act or omission on its part unless taken or suffered in bad faith or in
willlhl disregard of this contract or involving gross negligance on the
part of Escrowee. Seller and Purchaser jointly and severally agree to
defend, indemuify and hold Escrowee harmless from and against all
costs, claims and expenses (including reasonable attomeys' fees)
incurred in connection with the performance of Escrowee's duties
hereunder, except with respect to actions or omissions taken or
suffered by Escrowee in bad faith or in willful disregard of this
contract or involving gross negligence on the part of Escrowee.
(c) Escrowee may act or refrain from acting in respect of any
matter referred to herein in full reliance upon and with the advice of
counsel which may be selected by it (including any member of its
firm) and shall be fully protected in so acting or refraining from action
upon the advice of such counsel.
(d) Escrowee acknowledges receipt of the Downpayment by
check subject to collection and Escrowee's agreement to the
provisions of this paragraph by sighing in the place iudicated on the
signature page of this contract,
(e) Escrowee or any member of its finn shall be permitted to act
as counsel for Seller in any dispute as to the disbursement of the
Downpayment or any other dispute between the parties whether or not
Escrowee is in possession of the Downpayment and continues to act as
Escrowee.
~;h~ll he tt~-omett tmnr,ollt.d -~,..t ~hero~te~ neither pm~y
fu~er righu ag~nst, or obligations or liabilities to, ~e o~e~n of
~is con=act, except ~at ~e Downpayment s~l b~y r~u~d~d to
Purchaser and except as set fo~ in p~. If ~haser fails to
give notice of c~cellafion ~t ~mitm?t.[~at
does not comply ~~~sr_~ ~
deem~ ~mce~s conmc~ and to
r~ of thc contingency
9. Pebmitted Exception. The Prentises are sold and shall be
conveyed subject to:
(a) Zoning ~d subdivision laws and regulations, ~d lanthnark,
histohc ur wetlan~ designation, provided that ~ey ~e not vio}ated by the
eMsfing buildings and hnprovements erected on the prope~y or ~eir use;
(b) Consents for the erection qf any structures on, under or above
any streets on which the Premises abut;
(c) Encroachments of stoops, areas, cellar steps, trim and
cornices, if any, upon any street or highway;
(d) Real estate taxes that are a lien, but are not yet due and
payable; and
(e) The other matters, if any, including a dungy ex~ep0on, set
forth in a Rider attached.
10. Govermnental Violations and Orders: (a) Seller sh~ll comply
with all notes or notices of violations of law or municipal Ordinances,
orders or requirements noted or issued as of ~e date hereof by any
governmental depar~ent having authority as to lands, housing,
buildings, fire, health, environmental and labor conditions affecting
the Pm~ses, ~e Premises shall be conveyed fi'ce of them at Glosing.
Seller shall furnish Purchaser with any authorizations necessary to
make the se~ches that could disclose these matters.
(b) (Delete ~jf inapplicable) All obligations affecting the
Premises pursuant to the Administrative Code of the City of New York
incurred prior to Closing and payable in money shall be discharged by
Seller at or prior to Closing.
11. Seller's Representations. (a) Seller represents and warrants to
Purchaser that:
(i) The Premises abut or have a right of access to a public road;
(ii) Seller is ~e sole owner of the Premises and has the full right,
power and authority to sell, convey and transfer the same th
accordance with the terms of this con~act:
(iii) Seller is not a "foreign person", as that term is defined for
purposes of the Foreign Investment in Real Property Tax Act, Internal
Revenue Code ("IRC") Section 1445, as amended, and the regulations
promulgated thereunder (collectively "FIRPTA");
(iv) The Premises are not afl~cted by any exemptions or
abatements of taxes; and
(v) Seller has been ~own by no other name for the past ten
years, except
7. Acceptable Funds. All money payable under this contract, unless
otherwise specified, shall be paid by:
(a) Cash, but not over NONE ;
(b) Good certified check of Purchaser drawn on or official check
issued by any bank, savings bank, trust company or savings and loan
association having a bauking office in the State of New Yot'k,
unendorsed and payable to the order of Seller, or as Seller may,
otherwise direct upon not less than 3 business days notice (by
telephone or otherwise) to Purchaser;
(c) As to money other than the purchase price payable to Seller at
Closing, uncertified check of Purchaser up to the amount of
$1,000.00 ;and
(d) As otherwise agreed to in writing by Seller or Seller's
attorney.
of Purchaser ,hereunder am conditioned upon issuance on or
ment Date") of a written commitment from any
pursuant to which such Institutional Leuder ,~
loan, other than a VA, FHA or other goverranentally loan, to
Pumhaser, at Purchaser's sole cost and expense, of $
or such lesser sum as Purchaser shall be willin accept, at the
prevailing fixed rate of interest not to exceed or ilfitial
adjustable rate of interest not to exceed for a term of at
least years and on other customary c whether
or not conditional upon any factors other t
to the Institutional Lender. shall (a) make prompt
application to an Institutional Len, such mortgage loan, (b)
furnish accurate and complete Purchaser and
members of Purchaser's famil , all fees, points and
charges required with such application and loan, (d)
pursue such application w/m o ence, (e) cooperate in good faith
with such Institutional J~nder to obtain such commitment dud (1)
promptly give Nofic.o/to SeLler of the name and address of each
Institutional Lendej/to which Purchaser has made such application,
Purchaser shall c~ply with all requirements of such commitment (or
of any other f,,oqnmiunant accepted by Purchaser) and shall furnish
Seller with/f copy thereof promptly after receipt thereof. If such
commitnyafit is not issued ou or before the Commitment Date, then,
unless~urchaser has accepted a cmnmitment that docs not comply
with/the requirements set forth above, Purchaser may cancel this
c~~N~o.t.!c,5~^~S~e~ll.e~r:~w~i?..i,n.~5~.business days after the
(b) Seller covenants and warrants that ail of the representations
and warranties set forth in this contract shall be tree and correct at
Closing.
(c) Except as otherwise expressly set forth in this contract, none
of Seller's covenants, representations, warranties or other obligations
contained in this contract shall survive Closing.
12. Condition of Property. Purchaser ackoowhidges and represents that
Purchaser is fully aware of the physical condition and state of repair of the
Premises and of all other .property included in this sale, based on
Purchaser' s own inspection and investigation thereof, dud tfiat Purchaser
is entering into this contract based solely upon such inspection and
investigation and not upon any information, data, statements or
representations, written or oral, as to the physical'condition, state of
repair, use, cost of operation or any other rnatter related to the Premises or
the other property included in the sale, given or made by Seller or its
representatives, and shall accept the same "as is" in their present condition
and state of repair, s'-'bject t: raa:a.".a~z ::~c., '.;'cm', to. az ar, d ,~I
deterioration between the date hereof and the date of Clo~ept as
otherwise set forth in paragraph 16(f)), wifl~e, ducfion in the
purchase price or claim of any k'~n such condition by
reason thereof subsequent~te of this contract. Purchaser and its
authod~a reasonaNe times and
~) to Seller, to inspect
' ' SEE RIDER
13. Insurable Title. Seller shall give and Purchaser shall accept such
title as
a licensed New York title company
shall be willing to approve and insure in accordance with its standard
form of title policy approved by the New York State Insurance
Department, subject only to the matters provided for th this contract.
14. Closing, Deed and Title. (a) "Closing" means the settlement of
the obligations of Seller and Purchaser to each other under this
contract, including the payment of the purchase price to Seller, and the
delivery to Purchaser of a
Bargain and Sale Deed
deed in proper statutory short fonn for record, duly executed and
acknowledged, so as to convey to Purchaser fee simple title to the
Premisas, free of all encumbrancas, except as otherwise herein stated. The
Residenlial Con~ract of Sate
FORM N Y-010
dotntly prepared by the Real Property Sectum af the New York Slate Bar Association, the New York State La~td Title Association, the Committee on Real Property Ldiv qf the
Association of the Bar of the City of New York and tde Committee on Real Property Lalo of'the New York County Lawyers' A~sociation
WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES
WITH SECTION 5-702 OF THE GENERAL OSMGATIONS LAW ("PLAIN LANGUAGE").
CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT
NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION,
Residential Contract of Sale
tt]tuck Presnyrerian ~nuren j
Address: MainRoad, Mattituck, NewYork 11952
Social Security Number/Fed. ID. No(s):
North Fork Community Theatre, a not-for-profit corporation
Address: Sound Avenue, Mattitck, New York 11952
Social Security Number/Fed. ID. No(s):
BETWEEN
hereinafter called "Seller" and
hereinafter called "Purchaser".
1. Premises. Seller shall sell and convey and Purchaser shall
purchase the property, together with all buildings and improvements
thereon (collectively the "Promises"), more fully described on a
separate page marked "Schedule A", annexed hereto and made a part
hereof and also known as:
Street Address: Old Main Road, Mattituck, New York
Tax Map Designation:
p/o Dist.: 1000 Sec. 141 BIk. 4 Lot 32.1 see atlached Exhibit A
Together with Seller's ownership and rights, i f any, to land lying in the
bed of any street or highway, opened or proposed, adjoining the
Premises to the center line thereof, including any right of Seller to any
unpaid award by mason of any taking by conde~nnation and/or for any
damage to the Premises by reason of change of grade of any street or
highway, Seller shall deliver at no additional cost to Purchaser, at
Closing (as hereinafter defined), or thereafter, on demand, any
documems that Purchaser may reasonably requh'e for the conveyance
of such tide and the assignmeut and collection of such award or
damages,
2. Personal Property.
articles of personal property now attached or appurtenant
Premises, unless specifically excluded below. Seller re and
warrants that at Closir free
and clear of all liens and encumbrances, except ~
to which this sale may be subject. They inc
plumbing, heating, lighting and fixtures, bathroom and
kitchen cabinets, mantels, door switch plates and door
hardware, venetian treatments, shades, screens,
awnings, storm window :, window boxes, mail box, TV
aerials, ~s, shrubbery, fencing, outdoor
statuary, dishwasher, washing machine, clothes dryer,
garbage unit, range, oven, refrigerator, freezer, air
equipment and installations, wall to wall carpetiog and
~licable items),
orS Which include
and escrow amounts, if any, and with any balance of principal
due and payable on
(b) To the extent that any n the
existiog mortgage between the date hereof and Closing rednce
the unptfid principal amount thereof below the hown in
paragraph 3(b), then the balance of the price payable losing under
paragraph 3(d) shah be increased by the amount payments of
principal. Seller represents and warrants that th shown in
paragraph 3(b) is substantially correct and a hat only payments
required by the existing mo~gage will be between the date
hereof and Closing.
(c) If there is a mortgagee
to Purchaser, if it can be assigned, and i~
the amount in the escrow account to 5
(d) Sellers
not mom than 30 days before C
existing mortgage, in form for r
Seller ~hall assign it
Purchaser shall pay
~g a certificate dated
signed by the holder of the
the amount of the
unpaid principal, the date to interest has been paid aad the
amounts, if any, claimed unpaid for principal aud interest,
itemizing the same. Scl shall pay the fees for recording such
ig mortgage is a bank or other
institution as defined Section 274-a of the Real Property Law
("Institutional y, instead of the certificate, furnish a
letter signed by a authorized officer, employee or agent, dated not
g, containing the same information.
(e) Selh and warrants that (i) Seller has delivered to
complete copies of the existing mortgage, the note
, extensions and modifications thereof, (ii) the
existin is not now, and at the time of Closing will not be, in
the existing mortgage does not cootain any provision
the holder of the mortgage to require its immediate
or to change any other term thereof by mason of the
All personal property at the premises is owned by Purchaser.
Excluded from this sale are fumitum and bousehold furnishings and
NONE
3. Purchase Price. The purchase price is
Four Hundred Sixty Five Thousand Dollars
$ 465,000.00
payable as follows:
(a) on the signing of this contract, by Purchaser's check payable
to the Escrowee (as hereinafter defined), subject to collection, the
receipt of which is hereby acknowledged, to be held in escrow
pursuant to paragraph 6 of this contract (the "Downpayment"):
$ 46,500.00 (See rider)
(b) by allowance for the principal amount unpaid on the existing
mortgage on the date hereof, payment of which Purchaser shall assume
by joinder in the deed: $ 0
(c) by a purchase money note and mortgage l¥om Purchaser to
Seller: $ 0
(d) balance at Closing in accordance with paragraph 7:
$418,500.00
to an existing nlortg~~
(a) The P~yed sutfject to the confimfing fien
be a purchase money mortgage as indicated in
(a) The pumhase money note and mortgage shall be drawr
attorney for Seller in the form attached or, if not, in the stun
adopted by the New York State Land Title
shall fees and the
attorney' s fees in the amount of $ for its
preparation.
(b) The purchase money note and shaiI also provide
that it is subject and subordinate to the extstm
and any extensions, modifications
the.existing mortgage, provided th I the interest rate thereof shall
not be greater than percent per mmum and the total
debt service thereunder shallj~ot De than $
per annum, and (ii) if the.gfi:incipal amount thereof shall exceed the
amount of principal owj~/g and unpaid on the existing mortgage at the
titne of placing suc~new mortgage or consolidated mortgage, the
excess be paid tg/t'he holder of such purchase money mortgage in
reduction of th.j~Srincipal thereof. The purchase money mortgage shall
also providp4hat such payment to the holder thereof shall not alter or
affect thfl/fegular im~tallments, if any, of principal payable thereunder
and t~t the holder thereof will, on demand and without charge
th. gaSfor, execute, acknowledge and deliver any agmement or
6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee')
shall hold the Downpayment for Seller's account in escrow in a
segregated bank account at
CapitalOne Bank, Main Road, Riverhead, NY (See rider)
until Closing or sooner termination of this contract and shall pay over
or apply the Downpayment in accordance with the reruns of this
paragraph, Escrowee shall (nor) (Delece il inapplicable) hold the
deed shall coutain a covenant by Seller as required by subd. 5 of
Section 13 of the Lien Law.
(b) If Seller is a corporation, it shall deliver to Purchaser at the
time of Closing (i) a resolution of its Board of Directors authorizing
the sale and delivery of the deed, and (ii) a certificate by the Secretary
or Assistant Secretary of the corporation certifying such resolution and
setting 10rth facts showing that the translEr is in conformity with the
requirements of Section 909 of the Business Corporation Law. The
deed in such case shah contain a mcital sufficient to establish
compliance with that Section,
15. Closing Date and Place. Closing shall take place at the office of
Seller's Attorney
at two o'clock on August 30~ 2012
or, upon reasonable notice (by telephone or otherwise) by Purchaser,
at the office of
(SEE RIDER)
16. Conditlons to Closing. This contract and Purchaser's obligation
to purchase the Premises are also subject to and conditioned upon the
fulfillment of the following conditions precedent:
(a) The accm'acy, as of the date of Closing, of the representations
and warranties of Seller made in this contract.
Certificate of Occupancy or oth~?e,
or evidence that ~lding(s) and all of
the other~yim ro cared on the property authorizingauthorizing theirtheir ~use
(c) The delivery by Seller to Purchaser of a duly executed and
sworn affidavit (in form prescribed by law) claiming exemption of the
sale contemplated hereby, if such be the case, under Article 3 1-B of
the Tax Law of the State of New York and the Regulations
promulgated thereunder, as the same may be amended from time to
time (collectively the "Gains Tax Law"); or if such sale shall not be
exempt uuder the Gains Tax Law, Seller and Purchaser agree to
comply in a timely manner with the requli'ements of the Gains Tax
Law and, at Closing, Seller shall deliver to Pm-chaser (i) an official
return showing no tax due, or (ii) an official return accompanied by a
cerlified or official bank check drawn on a New York State ban~ng
institution payable to the order of the New York State Department of
Taxation and Finance in the atnount of the tax shown to be due
thereon. Seller shall (x) pay promptly any additional tax that may
become due under the Gains Tax Law, together with interest and
penalties thereon, if any, which may be assessed or become due after
Closing, and/or execute any other docmnents that may be required in
respect thereof, and (y) indemnify, del~nd and save Purchaser
hamfless from and agaiust any nf the foregoing and any damage,
liability, cost or expense (including reasonable attorneys' fees) which
may be suffered ur incarmd by Purchaser by reason of the nonpayment
thereof. The provisions of this subparagraph (c) shall survive Closing,
(d) The delivery by Seller to Purchaser of a certification stating
that Seller is not a foreign person, which certification shall be in the
lOrm then required by FIRPTA. If Seller fails to deliver the aforesaid
certification or if Purchaser is not entitled under FIRPTA to rely on
such certification, Purchaser shall deduct and withhold from the
pm'chase price a sum equal to 10% thereof (or any lesser amount
permitted by law) and shall at Closing remit the withheld amount wi. th
the required forms to the Internal Revenue Service.
mlprovements comprising a part thereof m broom clean condl~i~Vacant
and fmc of leases or tenancies, together with keys to the~J~,m-':IYaises,
(f) All plumbing (including water supply~ud"~eptic systems, il'
any), heating and air conditioning, if any..,..ei~tfical and mechardcal
systems, equipment and maclfiner,z.j.a'~e bdilchng(s) located on the
property and all applianc~ded in this ,sale being in
working order as of the~tattCof Closing·
(g) If,the Pr~gmi~s are a on~ house, delivery by the
p'arfies at C~:vsi'ffg of ~ith state and local law
r~~d in the Prenfises a
(h) The delivery by the parties of any other affidavits required as
a condition of recording the deed.
17. Deed Trausfer and Recording 'Faxes. At Closing, certified or
official bank cheeks payable to the order of the appropriate State, City or
County officer in the amount of any applicable transfer and/or recording
tax payable by reason of the delivery or recording of tile deed or
mortgage, if any, shall be delivered by the party required by law or by this
contract to pay such transfer and/or recording tax, together with any
required tax returns duly executed and sworn to, and such party shall
cause any such checks and returns to be delivered to the appropriate
officer promptly after Closing. The obligation to pay any additional tax or
deficiency and any interest or penalties thereon shall survive Closing.
18. Apportionments and Other Adjustments; Water Meter and
Installment Assessments. (a) To the extent applicable, the lo]lowing
shall be appmtioned as of midnight of the day before the day of Closing:
(l) taxes, ~.a ....... ~, .........................................
period for wl'dch assessed; (ii) fuel; (iii) interest
mortgage; (iv) premiums on existing transferabl~ance pohcies
and renewals of those expiring pr~, (v) vanlt charges; (vi)
rents as and when collecteck
(b) if Closing shal~oet~r before a new tax rate is fixed, the
apportionment o~gf..mx~ shall be upon the basis of the tax rate for the
!~,~t the latest assessed
(c) If th:r: is e. water meter on the P:'a~~
reading to a date not ~day,~~e un[~xe~l
edon th~s
(d) If at the date of Closing the Premises are affected by an
assessment which is or may become payable in aunual installments,
and the first installn~ent is then a lien, or has been paid, then for the
purposes of this contract all the unpaid installments shall be
cousidered due and shall be paid by Seller at or prior to Closing.
(e) Any errors or omissions in computing apportiomnents or
other adjustments at Closing shall be corrected within a reasonable
time following Closing. This subparagraph shall survive Closing.
19. Allowance for Unpaid Taxes, etc. Seller has the option to credit
Purchaser ~ an adjustment to ~e purchase price with the amount of
any unpaid taxes, assessments, water ch~ges and sewer rents, together
with any interest and penalties thereon to a date not less than five
business days aller Closing, provided that official bills therefor
computed to said date are produced at Closing.
20. Use of Purchase Price to Remove Encumbrances. if at Closing
there are other liens or encumbrances that Seller is obligated to pay or
discharge, Seller may use any po~iou of the ca~ ~al~hce~ of the
purchase price to pay or discharge them, provided Seller shall
simultaneously deliver to Purchaser at Glosing instrmnents in
recordable fern and sufficient to satisfy such liens orencumbrances of
record, together with the cost of recording or filing said ins~uments.
As an alternative Seller may deposit.sufficient monies with the title
insurance company employed by Purchaser acceptable to and required
by it m assure their discharge, but only if the title insuranceeompany
will insure Pumhaser's title clear of the matters or insure against their
enforcement out of the Premises and will insure Purchaser's
institutional Mnder clear of such matters. Upon notice (by telephone
or othe~ise), given not less than 3 business days before Closing,
Purchaser shall provide separate certified or official bank checks as
requested to assist in clewing up these matters.
21. Title Examination; Seller's Inability to Convey; Limiafions
of Liability. (a) Purchaser shall order an examination of title in respect
of the Premises from a title company licensed or authorized to issue
title insurance by the New York State Insurance Department or any
ageut for such title company promptly atler the execution of this
contract or, if this con.act is subject to the mortgage contingency set
forth in paragraph 8, after a moagage commitment has been accepted
by Purchaser. Purchaser shall cause a copy of the title repo~ and of any
additions thereto to be delivered to the attorney(s) for Seller promptly
after receipt thereof.
(b)(i) If at the date of Clos~g Seller is unable to 7ansfer title to
Purchaser in accord~ce wi~ this contract, or ~mhaser has other valid
groun~ for mfusiug to close, whether by mason of liens, encumbrances
or o~er objections to title or othe~ise (herein coll~fively c~led
"~fects'), other than nose subject to w~ch Pt~chaser is obligated to
accept title hereunder or which Purchaser may have waived and o~er
than ~ose which Seller h~ herein expressly a~ed to remove, remedy or
· schage and if ~wchaser shall be unwilling to w~ve the same and to
close rifle wi~out abatement of the purchase price, then, except as
hemina~er set leah, Seller sh~l have the fight, at Seller's sole elecfiou,
eider to t~e such action ~ Seller may deem advisable m remove,
mm~y, disch~ge or comply with such DefecB or to cancel this con.act;
(~) if Seller elecB to rake action to remove, rem~y or comply with such
Defeca, Seller shall be entitled from time to time, upon Notice to
~rchaser, m adjourn ~e c~te for Closing hereunder for a ~hod or
periods ~ot exc~ding 60 ~ys in the aggregate (but not extending ~yond
the date upon which ~rch~er's mortgage commi~ent,-if ~y, shall
expire), ~d the date for Closing shall be adjourned to a date s~ified by
Seller not beyond such ~fiod. If for ~y mason whatsoever, Seller shall
not have succ~ded in removing, remedying or complying with such
Defecks at fl~e expiration of such adjournment(s), and if ~rch~er shah
still be unwilling to waive the same ~d to close title wi~out abatement of
· e pumhase phce, then eider p~ may cancel this con~act by Notice to
the other given within 10 ~ys a~er such adjourned dam; (hi)
notwiths~nding ~e foregoing, the existing mortgage (unless ~is sale is
subject to the same) and any matter created by Seller after the date hereof
shall be released, disch~g~ or otherwise cured by Seller at or prior to
Closing.
(c) If this con~act is cancelled pursuant to its terms, other than as a
reshlt of Pumhaser's default, this contract shall temtinate and come to
an end, and nether parW shall have any fuaher rights, obligations or
liabilities against or to the other hereunder or otherwise, except that: (i)
Seller shall promptly refund or cause the Escrowee to refund the
Downpaymem to Purchaser and, unless cancelled as a resuh of
Purchaser's default or pursuant to paragraph 8, to reimburse Purchaser
for the net cost of examination of tit]e, including any appropriate
additional ch~ges related thereto, and the net cost, if actually paid or
incurred by Purchaser, for updating the existing survey of the Premises
or of a new survey, and (ii) the obligations under paragraph 27 shall
survive the termination of this.contract.
22. Affidavit as to Judgments, Bankruptcies, etc. If a title
examination discloses judgments; bankruptcies or other returns
against persons having names the same as or similar to that of Seller,
Seller shall deliver an affidavit at Closing showing that they are not
against Seller.
23. Defaults and Remedies. (a) If Purchaser defaults hereunder,
Seller's sole remedy shall be to receive and retain the Downpayment
as liquidated damages, it being agreed that Seller's damages in case of
Purchaser's default might be impossible to ascertaiu aud that the
Downpayment constitutes a fair and reasonable amount of damages
under the circumstances and is not a penalty.
(b) If Seller defaults hereunder, Purchaser shall have such
remedies as Purchaser shall be entitled to at law or in equity, including,
but not limited to, specific performance. SEE RIDER
24. Purchaser's Lien. All money paid on account of this contract,
and the reasonable expenses of examination of title to the Prm~fises and
of any survey and survey inspection charges, are hereby made liens on
the Premises, but such liens shall not continue after default by
Purchaser under this contract.
25. Notices. Any notice or other communication ("Notice") shall be
in writing and either (a) sent by either of the parties hereto or by their
respective attorneys who are hereby authorized to do so on their behalf
or by the Escrowee, by registered or certified mail, postage prepaid, or
(b) delivered in person or by overnight courier, with receipt
acknowledged, to the respective addresses given in this contract for
the party and the Escrowee, to whom the Notice is to be given, or to
such other address as such party or Escrowee shall hereafter designate
by Notice given to the other party or parties and the Escrowee pursuant
to this paragraph. Each Notice mailed shall be deemed given on fire
third business day 1011owing the date of mailing the same, except that
any notice to Escmwee shall be deemed given only upon receipt by
Escrowee and each Notice delivered in person or by overnight courier
shall be deemed given when delivered.
without thc ~~e c .in, st,a,n,ce an~,any
27. Broker. Seller and Purchaser each represents and warrants to the
other that it has not dealt with any broker in connection with this sale
other than
NO BROKER
("Broker]) and Seller shall pay Broker any commission earned
pursuant to a separate agreement between Seller and Broker. Seller
and .Purchaser shall indemnify and defend each other against any
costs,
claims aud expenses, including reasonable attorueys'fees, arising out
of the breach on their respective parts of uny representation or
agreement contained in this paragraph. The provisions of this
paragraph shall survive Closing or, if Closing does not occur, the
termination of this contract.
28. Miscellaneous. (a) All prior undarstandings, agreements,
represeutalions and warranties, oral or written, between Seller and
Purchaser are merged in this contract; it completely expresses their full
agreement and has been entered into after full investigation, neither
party relying upon any statement made By anyone else that is not set
forth in this contract.
(b) Neither this contract nor any provision thereof may be
waived, changed or cancelled except in writing. This contract shall
also apply to and bind the heirs, distributees, legal representatives,
successors and permitted assigns of.the respective parties. The parties
hereby authorize their respective attorneys to agree in writing to any
changes in dates and time periods provided for in this contract.
(c) Any singular word m' term herein shall also be read as in the
plural and the neuter shall include the masculine and feminine gender,
whenever the sense of this contract may require it.
(d) The captions in this contract are for convenience of reference
only and in no way define, limit or describe the scoISd Of tl{ls cbntract
and shall not be considered in the interpretation of this contract 6r any
provision hereof.
(e) This contract shall not be binding or effective ~.thti] duly
executed and delivered by Seller and Purchaser.
(f) Seller and Purchaser shall comply with ~RC reporting
requirements, if applicable. This subparagraph shall survive Closing.
(g) Each party shall, at any time and from time to time?execute,
acknowledge where appropriate and deliver such further instmlnents
and documents and take such other action as may be reasonably
requested by the other in order to carry out the intent and purpose of
this contract. This subparagraph sball survive Closing.
(h) This contract is intended for the exclusive belmfit of the
parties hereto and, except as otherwise expressly provided herein,
shall not be for the benefit of, and shall not create any rights in, or be
enforceable by, any other person or entity.
IN WITNESS WHEREOF, this contract has been duly executed by the parties hereto.
Mattituck Presbyterian Church Seller North Fork Community Theatre Purchaser
Purchaser
Attorney for Seller:
Richard A. Ehlers, Esq.
Address: 456 Griffing Avenue
Riverhead, NY 11901
Teh:631-727-4100
Fax:631-727-4130
Attorney for Purchaser:
Christopher D. Kelley, Esq.
Address: 33 West Second Street
P.O. Box 9398
Riverhead, NY 11901-9398
Teh:631-727-2180 Fax:631-727-1767
Receipt of the Downpayment is acknowledged and the uudersigned agrees to act in accordance with the provisions of paragraph 6 above,
TITLE NO. PREMISES
MATTITUCK PRESBYTERIAN CHURCH
TO
NORTH FORK COMMUNITY THEATRE
SECnON PlO 141
BLOCK 4
LOT 32.1
COUNTY OR TOWN Suffolk County, Town of Southold
STI{EETNUMBER Al)DRESS Old Main Rd., Mattituck,
FIDELrrY NATIONAL TITLE
OINSURANCE COMPANY
RIDER TO CONTRACT OF SALE
MATTITUCK PRESBYTERIAN CHURCH to
NORTH FORK COMMUNITY THEATRE
S.C.T.M. # p/o 1000-141-4-32.1
Page One of Two
1. Existing lease. Purchaser shall occupy the property pursuant to the existing lease
between Purchaser and Seller.
Condition of Premises. Purchaser is the sole current tenant of the property.
Purchaser as a condition of such leasehold is obligated to insure the property from
loss. Purchaser shall maintain such insurance until closing or in the event of
default by Purchaser, to timely close, upon vacature of the property by Purchaser.
The premises are conveyed AS IS without any warranty or represe~ntation'
whatsoever. ·
Town Approval. The sale contemplated herein requires a "Re-Subdivision"
approval to create the lot to be conveyed herein shown as Exhibit A attached.
Purchaser shall prosecute this application at its sole cost and expense including
property surveys and reports. Seller hereby consents to such application and
agrees to execute all documents necessary thereto. Purchaser shall promptly serve
a copy of all submittals upon Seller's attorney. Purchaser shall submit an
approvable "Re-Subdivision" application and Suffolk County Department of
Health Services application within 90 days from the date hereof.
Easement for cesspools. The cesspools which serve the property encroach on
other property of Seller. Seller shall convey, with the deed, an easement to
Purchaser to continue to use and maintain this system. However, in the event that
the cesspools fail and need to be replaced Purchaser shall construct the new pools
on the property and this easement shall cease and be extinguished.
Access Right of Wa,/. Seller shall retain a right of way for vehicle access across
the property from Old Main Road a/k/a Sound Avenue to other property of Seller.
Purchaser may relocate the right of way from time to time to accommodate
changes in the design of the parking lot. The right of way shall be stated in the
deed.
Peconic Ba,/Region. Purchaser shall pay any tax that may be due to the Peconic
Bay Region Community Preservation Fund under Article 31-D of the New York
State Tax Law.
Escrow. The escrow shall be paid to Seller prior to closing upon certification by
Seller that the following is true:
A). Clear title
B). Final "Re-Subdivision" approval
C). Approval of this contract by Supreme Court pursuant to the New York
Religious Corporations Law.
8. Closing Date and Time. Purchaser may request one 60-day adjournment of the
closing date of August 30, 2012 to a date certain.
On payment of any and all funds pursuant to this contract, no third-party checks
will be accepted. Ali checks must be certified and made payable to Seller or
made payable to the Seller in the form of an official New York Clearinghouse
Bank check which bank shall maintain an office in one of the boroughs of New
York City, Nassau County or Suffolk County.
10. The acceptance of the deed by the Purchaser shall be deemed to be full
performance and discharge of every agreement and obligation on the Seller's part
to be performed pursuant to the provisions of this contract, except those, if any,
which are herein specifically stated to survive the delivery of the deed.
RIDER TO CONTRACT OF SALE
MATTITUCK PRESBYTERIAN CHURCH to
NORTH FORK COMMUNITY THEATRE
S.C.T.M. # p/o 1000-141-4-32.1
Page Two of Two
11.
In the event that the check given as a down payment and delivered by the
Purchaser to the Seller upon the execution of this contract is dishonored for any
reason by the bank upon which it is drawn, then the Seller, in addition to any
rights and remedies which he may have, may at his option, declare the contract
null and void and at an end and thereupon the Seller shall be relieved and released
from all obligations thereunder.
12.
It is expressly understood and agreed this Contract of Sale shall not constitute an
offer or create any rights in favor of Purchaser and shall in no way obligate or be
binding upon Seller and this Contract of Sale shall have no force or effect, unless
and until the same is duly executed by Seller and Purchaser and a fully executed
copy of this Contract of Sale is delivered by Seller to Purchaser.
13. In the event that there is a conflict between the contract and any other riders and
this rider, this rider shall prevail.
SELLER:
MATTITUCK PRESBYTERIAN
CHURCH
PURCHASER:
NORTH FORK COMMUNITY
THEATRE
SECOND RIDER TO THE CONTRACT OF SALE
SELLER:
PURCHASER:
PREMISES:
DATE:
Mattituck Presbyterian Church
North Fork Community Theater, a not-for-profit
Old Main Road, Mattituck, NY 11952
, 2009
1. PARAGRAPHS 3~ 4 & 7 CONTINUED
Elaborating on rider paragraphs numbers 3, 4 and 7 above, this contract is
specifically contingent upon purchaser, at its sole cost and expense, obtaining the
required "re-subdivision" and Suffolk County Department of Health Services
approval. In addition, the closing is contingent upon seller obtaining approval from
the Supreme Court pursuant to Not-For-Profit Corporations Law §§510-511, and/or
Religious Corporations Law.
2. DEFAULTS AND REMEDIES
Supplementing ~]23(c), should either party apply to a court of competent jurisdiction to enforce
any provision of this agreement or to recover the escrow (whether from the Escrowee or the
other party), upon a final determination, the party against whom the determination is made, in
addition to any damages the successful party may have incurred, agrees to indemnify the
successful party for their reasonable attorney's fees, expenses and court costs incurred in
defending against said claim. Venue in any action brought under this contract shall be in
Supreme Court, Suffolk County and New York law shall apply.
3. DEFECTS IN TITLE~ LIENS~ ENCUMBRANCES
Notwithstanding the provisions of Paragraph 21 of the printed form of this contract, seller shall
be required to take any measures of any kind, bring any action or proceeding and incur any
expense up to $5,000, in order to render the title to the premises marketable or otherwise to
convey title under the terms and provisions of this contract. The provisions of this paragraph
shall be construed to apply to any building or other violations, or notices thereof, which seller
shall be obligated to remedy under this contract. However, the foregoing $5,000 limit shall not
apply to any lien or encumbrance created by the act or omission of seller. Subject to the
provisions of this paragraph, if more than $5,000 must be expended by seller in order to render
title to the premises marketable or to otherwise convey title under the terms and provisions of
this contract, purchaser shall have the right to cancel this contract and to receive a refund of the
downpayment and reimbursement for its cost of title examination and survey charges,
whereupon this contract shall terminate and the parties hereto shall have no further rights or
obligations hereunder except for those rights or obligations specifically stated to survive a
termination of this contract. Purchaser, however, shall have the option to accept such title as
seller may be able to convey, without reduction of the purchase price or any credit or allowance
against the purchase price (except to the extent of $5,000) and without any liability therefore on
the part of the seller. Nothing in this paragraph shall be construed so as to limit seller's
obligations to remove liens or encmnbrances as required by ~120.
4. SELLER'S REPRESENTATIONS
Supplementing Paragraph 11;
Seller represents to purchasers that:
Neither the execution and delivery of this contract, nor compliance with the terms and
provisions of this contract on the part of sellers will violate any statute, license, or regulation of
any goverranental authority, or will at the closing date, breach, comqict with, or in result in a
breach of any of the provisions of any material agreement or instrument to which sellers are a
party or by which it is or may be bound.
There is no suit, action, condemnation, arbitration, or legal, governmental, administrative,
environmental, or other proceeding or investigation affecting sellers or the premises, pending
or, to the knowledge of sellers, threatened against Sellers or the premises. On or before the
Closing, sellers shall remove all notices or notices of violations of law issued by any
governmental department, agency or bureau having jtu'isdiction, wlfich have been noted or
issued in respect of the premises.
Neither sellers, nor to the best of sellers' knowledge, any other person or entity, has violated any
environmental laws by reason of dumping or discharging any pollutants onto the premises.
Sellers shall indemnify and hold purchasers harmless from any misrepresentation hereunder
wbether discovered before or after closing.
IN WITNESS WHEREOF, Sellers and Purchasers have duly executed the Contract of
Sale and this Rider on the date first above written.
'Nsrt~h i:ork~ommu~ity Theater- Purchaser
Exhibit B
(~)
PLANNING B 0AP..D
WJI,LBU54 J, CR~ME~
I~NNETH L EDWARDS
J~M~S H. RICH
DON~D J. WILCENSI~
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
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
MAILING Al)DRESS:
P.O, Box 1179
So~thold, N'Y 11971
OFFICE LOCATION:
Town Hall Annex
54375 Stgte Route 26
(cot. Main Rd. & Youngs Ave.~
Southold, NY
Fmx: 631 765-3136
~P~4Ls
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. CommLmity
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
Mr. and Mrs. Bryan Drago
170 Broadway - Apt 2A
Brooklyn, NY 11211
April 7, 2011
Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP
P.O. Box 9398
Riverhead, NY 11901
Attn: Karen Hoeg, Esq.
Re;
Town of Southold ZBA Application
Premises: 12700 Sound Avenue, Mattituck, NY
SCTM#: 1000-141-4-26 - North Fork Community Theatre
Dear Karen:
In reference to your firm's letter of March 18, 2011, with regard to the ZBA
application for the above-referenced matter, this letter will serve as notice that we have
no objection to the application for a variance on said property.
Bryan Dra~
Owner
March 22, 2011
Thomas J. McCarthy Real Estate, Inc.
www.thomasj mccarthy.corn
RECEIVED
BOARD OF APPEALS
Zoning Board o f Appeals
Town of Southold
Southold Town Hall
P.O. Box 1179
Southold, New York 11971
Att: Ms. Leslie Wiesman
Re: Town of Southold ZBA Application
Premises: 12700 Sound Avenue, Mattituck, NY
SCTM#: 1000-141-4-26, North Fork Community Theatre
Dear Ms. Weisman:
In reference to the attached letter from Twomey, Latham, Shea, Kelley, Dubin &
Quartararo, LLP dated March 18, 2011, with regard to the referenced property, this letter
will serve as notice that we have no objection to the application for a variance on said
property.
Thank you.
46520 Route 48
Southoid, NY 11971
Tel. 631.765.5815
Fax.631.765.5816
East Hamptlm. NY 11937
51 Hill Street
6312870090
490 Wheeler Road
Suite 165G
563a, O Mnin Road
PO Box 325
Southold. NY 11971
Latha {[[ ,
Shea, Kelley, Dubin & Quartararo LLP
A T T 0 R N E Y $ A T L A W
MAILING ADDRESS:
Post Office Box 9398
Riverhead, New York 11901-9398
MAIN OFFICE:
33 West Second Street
Rwerhead, New York 11901-9398
Telephone: 631.727.2180
Facsimile: 631.727.1767
www.su ffolkl,~w.co m
rebrahimi~suffolklaw.¢om
Extension 2246
Direct Fax: 631.727.2385
March 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Thoma~M~Carthy
Susan McCarthy
46520 CR 48
Southold, New York 11971
Re'-
Town of Southold ZBA Application
Premises: 12700 Sound Avenue, Mattituck, NY
SCTM: 1000-141.004)4.00-026.000
Dear Neighbor:
This office represents North Fork Community Theatre with regard to their
application for a Variance located upon the above-referenced premises.
A public hearing has been scheduled for Thursday, April 7, 2011 at 12:00
p.m. to be held by the Southold Town Zoning Board of Appeals at the Southold Town
Hall, 53095 Main Road, P.O. Box 1179, Southold, New York. A copy of the Hearing
Notice and survey/site plan are enclosed for your review.
If you have any questions with regard to this application, please feel free to
call me at (631) 727-2180.
RE/dw
Encls.
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
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 Bm~k
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 7654809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 7, 2011
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,
P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ APRIL 7, 2011:
12:00 PM - NORTH FORK COMMUNITY THEATER #6460 - Request for Variance from Art.
III Code Section 280-46 and the Building Inspector's December 1, 2010 Notice of
Disapproval based on an application for building permit for lot line change at; t) 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, at: 12700 Sound Ave. and 12605 Main Rd., Mattituck, NY. SCTM#1000-
141-4-26&32.1.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (63t) 765-t809, or by email:
Vicki. Toth(~.Town. Southold.ny.us.
Dated: March 7, 2011
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box 1179
Southold, NY 11971-0959
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
NORTH FORK COMMUNITY
THEATER # 6460
SCTM #:
1000-141 .-4-26
VARIANCE: LOT SIZE & SETBACKS
REQUEST: LOT LINE CHANGE
DATE: THURS., APRIL 7, 2011 12 PM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
March 7, 2011
Re: Town Code Chapter 55 -Public Notices for Thursday, April 7, 2011
Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before March 215t:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_il owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If
you know of another address for a neighbor, you may want to send the notice to that address as
well. If any letter is returned to you undeliverable, you are requested to make other attempts to
obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability,
and to confirm how arrangements were made in either a written statement, or during the
hearing, providing the returned letter to us as soon as possible;
AND not later than March 28th: Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the
green/white receipts postmarked by the Post Office. When the green signature cards are
returned to you later by the Post Office, please mail or deliver them to us before the scheduled
hearing. If any envelope is returned "undeliverable", please advise this office as soon as
possible. If any signature card is not returned, please advise the Board during the hearing and
provide the card (when available). These will be kept in the permanent record as proof of all
Notices.
2) Not Later March 30th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not more than
10 feet from the front property line bordering the street. If you border more than one street or
roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your
Affidavit of Posting for receipt by our office before April 5th, 2011.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
10161
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__ week(s), successively, commencing on the
24th day of March1 2011.
Principal Clerk
~/~) ~ day of
Sworn to before me this ' .~
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY APRIL 7, 2011
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law and
Town Code Chapter 280 (Zoning), Town
of Southold, the following public hear
ings will be held by the SOUTHOLD
TOWN ZONING BOARD OF AP-
PEALS at the Town Hall, 53095 Main
Road, EO. Box 1179, Southold, New
York 11971-0959, on THURSDAY
APRIL 7. 2011:
9'.30 a.m.. ANNE R. BUNTING
~a455 - Request for Variance from Art.
XXII Code Section 280-116A(1), Art.
XXIII Section 280-14 and Art. III Sec-
tion 280-15F and the Building Inspec-
tor's January ~, 2011 Notice of Disap-
proval based on a building permit ap
plieation for additions & alterations to
existing dwelling and construction of an
accessory structure at; 1) at less than the
code required setback of 100 feet from
the top of bluff, 2) Accessory structure
at less than the code required setback of
100 feet from the top of blur[ 3) less than
the code required front yard setback of
60 feet, 4) accessory structure at less than
the code required front yard setback of
60 feet on water front property at: 2427
I~abolla Beach Rd.,(adj. to Block Island
Sound) Fishers Island, NY. 8CTM#i000-
10-6-14.1 and ll- 1-7.~.
10:.40 a.m.; gAMES and KAREN
MOWDY g6457 - Request for Variance
from Art. XXIII Code Section 280-124
and the Building Inspector's December
16, 2010 Notice of Disapproval based
on an application for building permit
to construct accessory in-ground swim-
ming pool and pool house at; lot cov-
erage of more than the code required
20%. at: 2855 Laurel Trail Laurel, NY.
SCTM#1000-1254-24.9.
LL~0 a.m. - DAISY M. FOLK #6450
- This is a request for a Waiver of Merg
er under Article II, Section 280-10A,
to unmerge land identified as SC'TM
#1000-59-6-10, based on the Building
Inspector's December 16, 2010 Notice
of Disapproval, which states adjoining
nonconforming lots held in common
ownership shall merge until the total
lot size conforms to the current bulk
schedule (minimum 40,600 square feet
in this R40 Residential Zone District)
this lot is merged with Iot 11. Property
located at; 7599 & 7475 Soundview Ave.,
(adj. to 2 Private Rds.) Southold, NY.
1'117.0 a.m.. JAMES CONNOLLY
//~15~. Request for Variance from Art -
cie XXIII Code Section 280-124 and the
Building Inspector's February 4 2011
Notice of D sapproval based on a build-
ing permit application for porch addi
tion to existing dweLling at; at less than
the code required front yard setback of
50 feet, at: 5575 Sound Ave., Mattituck,
NY. SCTIvlgl000-121-1-3.2.
- Request
for Variance from Art. XXII Code Sec-
tion 280-116 and section 280-I5 and the
~uilding Inspector's January I9, 2011
otice of Disapproval based on an ap-
plicatinn for building permit to construct
accessory in-ground swimming pon and
existing shed at; 1) bulkhead setback of
less than the code required 75 feet for
the pool, 2) location other than the code
required rear yard for the shed at: 415
Harbor Lights Dr. (adj. to creek or
naI), Southo[d, NY. SCTM#1000-71-24.
ff~s~2011'
'qoI~RY PUBLIC-.STATE OF NEW yOR~
No. O! -VO6~ 05050
:~u,fiilled in Suffolk County
12:00 mm. - NORTH FORK COM-
~ - Request
for Variance from Art. III Code Section
280 46 and the Building Inspector's De
cember 1, 2010, Notice of Disapproval
based on an application for building per-
mit 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, at: 12700 Sound
Ave. and 12605 Main Rd.,Mattituck. NY.
Carryover Hearings, continued from
prior meetings and pending additional
information:
Adjourned from Public Hearing Feb-
ruary 3, 2011:
1:00 mm. - IRENE RUTKOSKI ES-
The Board of Appeals will hear all
persons or their representatives, desis-
lng to be heard at each hearing, and/or
des~ng to submit written statements
before the conclusion of each hearing.
Each hearing will not start earlier than
designated above. Fries are available for
review during regular business hours
and prior to the day of the heating. If
you have questions, please contact our
office at (631) 765-1809, or by email:
Vic ki. To th@Town. Southold.ny. us.
Dated: March 7, 2011
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR-
PERSON
BY: Yicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Sout hold, NY 11971-0959
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of:
North Fork Community Theater
SCTM Parcel # 1000-141-4-26 & 32.1
AFFIDAVIT OF MAILiNGS
COUNTY OF SUFFOLK
STATE OF NEW YORK
I, Peggy Hubbard, residing at Riverhead, New York, being duly sworn, deposes and says
that:
On the 18th day of March 2011, I personally mailed at the United States Post Office in
Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy
of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown
on the current assessmem roll verified from the official records on file with the Assessor's
Office, for every property which abuts and is across a public or private street, or vehicular right-
of-way of record, surrounding the applicant's property.
PEGGY~H~U~ )
Sworn to before me this
18th day of March 2011
(]~tary Public)
DQREEN WEISS
Notary Public, State of New York
No. 4931537
Qualified in Suffolk County
Commission Expires June 20. ,~l
Town of Southold Bryan Drago Town of Southold
53095 Route 25 Marissa Drago 53905 Route 25
P.O. Box 1179 170 Broadway-Apt 2A P.O. Bo x 1179
Southold, NY 11971 Brooklyn, NY 11211 Southold, NY 11971
SCTM: 1000-141-4-24 SCTM: 1000-141-4-23 SCTM: 1000-141-4-31.005
Church of Redeemer 12800 Main Road LLC Mattituck Florist LLC
13225 Sound Avenue P.O. Box 1456 153 South 5th Street
P.O Box 906 Mattituck, NY 11952 Lindenhurst, NY 11757
Mattituck, NY 11952 SCTM: 1000-114-11-15 100-141-4-31.7
SCTM: 1000-141-4-27
Bethany Cemetary Assoc North Fork Environmental 13075 Sound Avenue LLC
Attn: J. Stanley Parkin Council Inc. 285 Sweet Hollow Road
1700 Park Avenue P.O Box 799 Huntington, NY 11743
Mattituck, NY 11952 Mattituck, NY 11952 SCTM: 1000-141-4-8.1
SCTM: 1000-141-4-33 SCTM: 1000-114-11-16
Radiant Gems Limited Thomas J. McCarthy
P.O. Box 366 Susan McCarthy
Laurel, NY 11948 46520 County Road 48
SCTM: 1000-141-4-22 Southold, NY 11971
Thomas J. McCarthy Real E tate, Inca
www.thomasjmccarthy.co~n
March 22, 2011
Twomey, Latham, Shea, Kelley, Dubin & Quartararo LLP
P.O. Box 9398
Riverhead, New York 11901
Attention: Reza Ebrahimi
Re: Town of Southold ZBA Application
Premises: 12700 Sound Avenue, Mattituck, NY
SCTM#: 1000-141-4-26, North Fork Community Theatre
Dear Mr. Ebrahimi:
In reference to your letter dated March 18, 2011, with regard to the ZBA application, this
letter will serve as notice that we have no objection to the application for a variance on
said property.
Thank you.
Sinc~k
Tho~
Owner
46520 Route 48
$outhold, NY 11971
Tel. 631.765.5815
Fa ~.631.765.5816
~ Postage $
r,-
Certified Fee
I~ ~ Postmark
Return Receipt Fee ~ ~ Here
[~ (Endorsement Required) (-- [
~ Mattituck Florist LL"'C'-'~°-- ~
p- [ 153 S. 5 Street
o [~ Lindenhurst, NY 11757
Codified Fee
r-'l (Endorsement Required)
r-1 RestdCted Delivery Fee
f'"l (Endorsement Required)
[-- Total Po,~
~ ~se,t re ' Radiant Gems Limited I
~[ ....'xrt'PO Box 366 ..... t
t,- [75~°__q.°_5 Laurel, NY 11948 ..... ~
(Endorsement Required} ,
(Endomement Required)
Town of Southold
[ 53095 Route 25
[~'~o P.O. Box 1179
'~ut: Southold, NY 11971
(Endorsement Required)
Thomas J. McCarth'
[..s~"t r°Susan McCarthy
[!r~o'so;~46520 CR 48
laughlin;,': Southold, NY 11971
Pos~ge
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Po'
Bethany Cemeter,
Attn: J. Stanley P~rkin
1700 Park Avenue
Mattituck, NY 11952
Ceriified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(EndorSement Required}
Bryan Drago
[Sent TO MarissaDrago
[o, Po'~o*170 Broadway - Apt 2A
Brooklyn, NY 11211
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Rest dcted Delivery Fee
(Endorsement Required)
Total Per
Street, Apl
or PO BOX
Ci~ State
1
3075 Sound Avenue
285 Sweet Hollow Road
Huntington, NY 11743
ix.
Town of Southold
530
95 Route 25
P.O. Box 1179
Southold, NY 11971
Restricted Delivery Fee
ED (Endorsement Required)
12800 Main Road LLC
P.O. Box 1456
Mattituck, NY 11952
· ~- Postage
Codified Fee
[~ Return Receipt Fee
ED (Endorsement Required}
Restricted Delivery Fee
D' Total Posta
ED NF Envinmntl Council Inc.
mm [s~tro P.O. Box 799 __-]
~_ [o~PO'~o~ Mathtuck, NY 11952
Postage
Certified Fee
Restricted Delivery FE -
ED (Endorsement Require( '
I~' Total Pos
ED C
~ re hurch of Redeemer
c~ _~.o.:_ 3225 Sound Avenue
ED Stre~
~ l~(r~oBox P.O. Box 906 ..... 1
Ui~'~iii;, Mattituck, NY 11952 .....
3omplete Rems 1,2, and 3. Also complete
Rem 4 if Resttlcted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpisce,
or on the front if space permits.
· ArticleAddressedto:
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, NY 11971
B. Received b
O. Is dellvely ad~mse dlif~ f
if YES, eater dell~ry ed~
n Item 17 i-I,
[] Registered
[] Insured Mall
~ Return Receipt for Merchandise
C.O.D.
4. Restricted De{iveflt? (J~dra Fee) [] yes
2. Article Number
PS Form 3811, February 2004
7007 0710 0000 7418 2406
Domestic Return Receipt
f · Complete Rems 1,2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
w · Print your name and address on the reveme
so that we can return the card to you.
w · Attach this card to the back of the mailpiece,
or on the front if space permits.
1 1. Afficle Addressed to:
Church of Redeemer
13225 Sound Avenue
P.O. Box 906
Mattituck, NY 11952
2. 2. Araclo Number
(Transfer from service label)
: P~ PS Form 3811, February 2004
B. Reostved by ( Ptfnted Name) ! C. Date of Delivery
[] Insa~d Mail ~,~_~ C.O.D.
4. Resfltcted ~ra Fee)
[] No
~: [] Express Mall
li~ Return Receipt for Merchandise
[] Yes
7007 0710 0000 74t8 2444
Domestic Return Receipt
· Complete Rems 1,2, and 3. Also complete
Rem 4 if Restricted Delivery is desired.
· Print your name and eddress on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpisce,
or on the front if space permits.
1. Article Addressed to:
12800 Main Road LLC
P.O. Box 1456
Mattituck, NY 11952
D. ladellvayeddmsedlffanmt fmmltem 17 ~
If YES, enter dellve~ addmse below:
[] Insured Mall
[] Expmse Mell
~ Return Receipt for Memhandlse
C.O.D.
2, Article Number
~ ~ ~f~' ftorn service label)
' PS Form 3811, February 2004
7007 0710 0000 7418 2376 __
· Complete items 1, 2, and 3. Also comPlete A. SignatUre
item 4 if Restricted Delivery Is desired. [] Agent
· Print your name and address on the reverse [] Addressee
SO that we can retum the card to you.
· Attach this card to the back of the mailpiece, Pdnted Name) C. Date of
or on the front if space permits.
is deliver/address different from item 17 [] '~s
1. Article Addressed to: D.
153 S. 5'h Street ~ ,, ~'
Lindenhurst, NY 11757 3. SorviceType ~" '
[] Registered 9~ Retum Receipt for Merchandise
i-1 Insured Mail L1 C.O.D.
4. Restricted Delivery? (Extra Fee) r-i Yes
2. Article Number
Cr~rf~,~) 7007 071D 0BDD 7418 2413
i PS Form 3811, February 2004 Domestic Retum Receipt 1~is40
· Complete items 1, 2, end 3. Also complete
item 4 If Restricted Delivery Is desired.~
· Print your name and address on the reverse
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.
13075 Sound Avenue LLC
285 Sweet Hollow Road
Huntington, NY 11743
by ( P~ofed Name)
[] Agent
[] Addressee
C. Date of Delivery
D. Isdellve~addmssdJffaentfmmiteml? []Yes
If YES, .nter dollvoryp,d~, ~!, ,~C, [] No
~ ~ ~ ~ ~ Me~di~
~ In~ M~I ~.O.D.
4. Restricted Dellvery? (E~ru F~e) [] Yes
2. Article Number,
~ransfer from sen/ce
7007 0710 0000 7418 2420
PS Form 3811, February 2004 Domestic Retum Receipt
· Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so thet we can retum the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
Town of Southold
53095 Route 25
P.O. Box 1179
Southold, NY 11971
3. Sen4~'lype
~ O~Nd ~1 O ~ Mell
[] Registered ~ Return Receipt for Merchandise
D Insmed mail L.9 C,O,D.
4. Restricted Delivery? (Extra Fee) [] Yes
7007 0710 0000 7418 2437
2. Alticlo Number
_ (Tmnsf~ fmm sen/ce labeO
PS Form 3811, February 2004
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of:
North Fork Community Theater #6460
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000-141-4-26 & 32.1
AFFIDAVIT
OF POSTING
COUNTY OF SUFFOLK
STATE OF NEW YORK
I, KAREN HOEG, residing at 350 Willis Creek Drive, Mattituck, New York, being duly
sworn, depose and say that:
On the 28th day of March 2011, I personally placed the Town's Official Poster, with the
date of hearing and nature of my application noted thereon, securely upon the subject property
located ten (10) feet or closer from the street. I posted the Town's Official Poster on Sound
Avenue in front of the North Fork Community Theater and on Main Road, Mattituck, New York.
I hereby confirm that the Poster has remained in place for seven (7) days prior to the date
of the subject hearing date, which hearing d~Apfil 7, 2011.
Sworn to before me this
4th day of April, 2011
(Notary Public)
DOREEN WEISS
Notary Public, State of New York
No. 4931537
Qualified in Suffolk County -
Commission Expires June 20, ~..0~/~-
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoIdtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 76S-1809 Fax (631) 765-9064
MEMO
TO: Planning Board ~ FEB ~8 ~ .. ,
FROM: Leslie K. Weisman, ZBA Chairperson ~
DATE: Februar7 24, 2011
SUBJECT: Request for Comments ZBA # 6460 North Fork Community Theater
As confirmed with your office, the ZBA is reviewing the following application. Enclosed am 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 Date of PREPARER
ZONE DIST ~ Section ~tamped OF SURVEY
Survey
North Fork 1000-141.-4- 6460 280-46 Rear yard setback January 14, Nathan Taft
and side yard 2011 Corwin III
Community 26 & 32.1
Theater setback
Your comments are requested within 30 days of this letter.
If desired, the file is available for review of additional documentation.
Thankyou.
Encls.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
FO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
February 24, 2011
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XI¥ of the Suffolk County Administrative Code:
ZBA File # 6460 Owner/Applicant: NORTH FORK COMMUNITY THEATER
Action Requested: Lot line change.
Within 500 feet of: (X) State or County Road
( ) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
( ) Boundary of Agricultural District
( ) Boundary of any Village or Town
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Leslie
ZBA ~;
By: (~/
~/eisma~
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehfinger
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
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.
SincerelYr~%
Encl.
Cc: Building Dept.
NOT~CE
LINE
OF SUFFOLK dC) IK , . I..~,
· ~ E :" SOUTHOLD
y )'ax Service Agency Y ~'.~ ~-
~' = ~ ~ 1000
COUN I
SECTION NO
PROPERTY