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HomeMy WebLinkAbout1000-62.-3-11 & 12 N 1 0257(0)1 CKNOWLED ,EsAiHATTHECONDITIONSrOF` AKN RD' S.R. 25 SURVEY OF PROPERTY +AUTHORdZCD PPROVAL SET FORTH IN THE RESOLUTION OF A.PPRON'AL PAT1:D A /A/20 f,� ARE ACCEPTED(SEE CONDITIONS ON RESOLUTION). A T SOUTHOLD LEASE PRINT NA.NIE R, ;K ,��,,,��, TOWN OF SOUTHOLD ,oma z a� � ,LO SUFFOLK COUNTY, N. Y. SIONATU.2E TITLE. DATE -4 1000-62-03-12 -- SCALE. 1'=20' APPROVED BY TOWN OF SOUTHOLD PLANNING BOARD- OCT 28,2010 Feb. 9, 2012 Feb. 21, 2012 (rev"") May '0, 2012 =Stuns) ` �/L2/22 MO 17, , 2 Revovivi 2PERa N Si NAr TC�` DATE SEPT. l4, 012 (nsion5 ) NOV. 15; 2012 (revision) v `OTE:The approved site development plan shall be.valid for a period of eighteen(18) m ^ onths from the date of approval as per code section 100-255. •`,( `P GRAVEL k ASPHALT C j N REPS' N (0/F My vEL k ASPHALT 142 59x GRP' VA 5T0 xKjxF�X'x'x E o � 1.9•N4 ts' � y v� gym' CERTIFIED T0: N7517Mix/x/ Richard F. Mullen,Jr Charlotte M. Mullen xix�x/x g ONLY ENT 8A 9g10 Mullen Realty LP FIs is pR6A FOR PAR710 N E P A V E Morn z �E D—S td 12 tg 6 L E N DII 10 9 8 7 6 5 4 3 2 1 e � it 10' WPERPETUAL £ oF� E CE NS s 5 g g e e — ;�1 DEC 12 2012 •Cifl t.aw �^-- 145.91' eLJ� � A' FE S87 54'20"W fU f N/O/F MARY LEE, EMERSON C Jr HASBROUCK i p Q=ARBORVITAE 0 2 I/2=3' C4LP°ER YO" 1(ghl. 0= PROPOSED ARBORVINAE-1 2 712"iy' CALIPER 10'' hght. to W /n the gaps �( N. Y.S. LIC. NO. 49518 LANDSCAPED BUFFER - 20% ANY ALTERATION OR ADD17701V TO THIS SURVEY IS A VIOLA, TION P CONIC SU VEYORS, P.C. �1 OF SECTION 72090E THE NEW YORK STATE EDUCATION LAW. (631) 765-5020 FAX (631) 765-1797 Area— 7,294 Sq. r �, EXCEPT AS PER SECTION HIS MAP E ALL CER71FNLY IF P.O. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES ]HEREOF ONLY lF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 10-228 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 MAILING ADDRESS: PLANNING BOARD MEMBER6 OF so P.O.Box 1179 DONALD J.WILCENSKI O� y0/- Southold, NY 11971 Chair h G l� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G _ 54375 State Route 25 JAMES H.RICH III _ (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2013 Richard F. Lark, Esq. P.O. Box 973 28785 Main Road Cutchogue, NY 11935 Re: Approval: Amended Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Route 25, Southold SCTM#1000-62-3-11 & 12 Zoning District: B/HB Dear Mr. Lark: At the December 17, 2012 Public Meeting, the Southold Town Planning Board granted Approval on the amended site plan entitled "Mullen Realty, LP", prepared by John T. Metzger on October 26, 2010, last revised November 15, 2012 and authorized the Chairman to endorse the site plan upon satisfaction of Condition #1: 1. Deed restrictions binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere shall be filed with the Office of the Suffolk County Clerk and proof of filing, including liber and page number, shall be submitted to the Southold Town Planning Board. The Chairman has endorsed the site plans as this condition has been satisfied. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J��i censki— Chairman cc: Building Dept. w/map Town Engineer w/map MAILING ADDRESS: PLANNING BOARD MEMBERS 0f SO(/T P.O.Box 1179 DONALD J.WILCENSKI hO�� y��o Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III :�0 �� (cor. Main Rd. &Youngs Ave. MARTIN H.SIDORCOU'M' Southold, NY 11 I 1 Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 18, 2012 Richard F. Lark, Esq. P.O. Box 973 28785 Main Road Cutchogue, NY 11935 Re: Approval: Amended Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Route 25, Southold SCTM#1000-62-3-11 & 12 Zoning District: B/HB Dear Mr. Lark: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 17, 2012: WHEREAS, this amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in a split HB/B Zoning District, Southold; and WHEREAS, the applicant submitted an application for site plan review on March 19, 2012; and WHEREAS, at a Work Session on April 23, 2012, the Planning Board accepted the application for review; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR), has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(7) 'construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning ora use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities;" and not subject to review under SEQRA; and WHEREAS, on June 4, 2012, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and Mullen Realty, LP Page Two December 18, 2012 WHEREAS, on June 5, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on June 8, 2012, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on June 14, 2012, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on June 18, 2012, the Southold Town Engineer reviewed the above- referenced application and determined the project to provide adequate drainage and the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on July 5, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has recommended the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, in conjunction with the approved site plan entitled "Mullen Motors', dated December 7, 2000 and last revised January 18, 2001, the Southold Town Planning Board has determined the additional parking area is required accessory parking pursuant to §280-78(H) of the Town Code. The original site plan approval obtained March 12, 2001 remains unchanged except for the addition of this parking area. WHEREAS, on December 14, 2012, the Southold Town Chief Building Inspector reviewed the proposed amended site plan and determined that the parking area is allowed as an accessory use on this parcel, so long as the Planning Board determines, pursuant to §280-78(H), the following; 1) the parking area is located within 200 feet of the principle use of which it is accessory; 2) the parking spaces conform to all regulations of the district in which the parking spaces are located, and are not within a residential district; 3) the parking area is in the same ownership as the use to which it is accessory and 4) the parking area shall be subject to deed restrictions binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere; and WHEREAS, as referenced above, the Planning Board has determined the following: 1) the parking spaces are located within 200 feet of the principle use to which it is accessory (Mullen Motors main site is adjacent and directly across the street; 2) parking spaces conform to all regulations of the district in which the parking spaces are located, and are not within a residential district (B/HB zoned parcel); 3) the parking area is in the same ownership as the use to which it is accessory, and 4) the parking area shall be subject to deed restrictions binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to 0 0 Mullen Realty, LP Page Three December 18, 2012 which they are accessory or until such spaces are provided elsewhere (A deed restriction is a required condition of this amended site plan.); and WHEREAS, this action is exempt from review by the Suffolk County Planning Commission because the "...site plan proposes less than 5,000 s.f. of new or renovated floor area..." and is identified as a matter of local determination; and WHEREAS, at a Work Session held on December 3, 2012, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with two (2) conditions for the amended site plan entitled "Mullen Realty, LP", prepared by John T. Metzger on October 26, 2010, last revised November 15, 2012 and authorizes the Chairman to endorse the site plan upon satisfaction of Condition #1. Conditions: 1. Deed restrictions binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere shall be filed with the Office of the Suffolk County Clerk and proof of filing, including liber and page number, shall be submitted to the Southold Town Planning Board. 2. This parking area shall be used solely for parking for Mullen Motors employees and customers. Please note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 4. Any changes from the Approved Site Plan shall require Planning Board approval. Mullen Realty, LP Page Four December 18, 2012 5. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman 0 PB , H L. MT, _9C LARK& FOLTS I l Attorneys at Law ?V1 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 --------------------------------- Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS February 5, 2013 Mr. Brian A. Cummings Southold Town Planning Board 54375 State Route 25 P .O. Box 1179 Southold, NY 11971 RE: Amended Site Plan Mullen Realty LP (SCTM #1000-62-3-11 and #1000-62-3-12) Dear Mr. Cummings : Pursuant to Condition #1 of the resolutions adopted by the Southold Town Planning Board on December 17, 2012, I am enclosing a copy of the Declaration of Covenants and Restrictions dated December 17, 2012 and recorded in the Suffolk County Clerk' s Office on December 31, 2012 in Liber 12715 Page 537 . Kindly forward to me a copy of the Survey of Property prepared by Peconic Surveyors, P.C. revised Feb. 21, 2012 with your stamped approval . Very truly yours, Richard F. Lark RFL/bd Enclosure FEB IIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/31/2012 Number of Pages : 6 At: 01 : 40: 47 PM Receipt Number : 12-0147124 LIBER: D00012715 PAGE : 537 District: Section: Block: Lot: 1000 062 .00 03.00 012 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 00 NO Handling $20 .00 NO COE $5 .00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0 .00 NO Cert.Copies $0 . 00 NO RPT $60 . 00 NO Fees Paid $130.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F21 • Number of pages F.'EC F'D'=1 201_ Dec ':i 01:40:u7 PM TUDTTN R. PRS=RL- CI-Eir . OF This document will be public SUFFOLK COUNTY record. Please remove all L DOCOiz is Social Security Numbers F• 537 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 30 Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total _ Notation _ SpecJAssit. S or EA-52 17 (County) Sub Total Spec./Add. _ EA-5217 (State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County_ Held for Appointment Comm.of Ed. 5. 00 (iTransfer Tax z)l Affidavit Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 $ family dwelling only. Sub Total Qp YES or, NO Other � � /``� Grand Total I <) v If NO,see appropriate tax clause on page# of this instrument. a-l7 - / a 1000 06200 0300 012000 4 Dist. 1000 5 Community Preservation Fund PT S Real Property R SMS A Consideration Amount $ -0- Tax Service 31-DEC-1 Agency CPF Tax Due $ -0- Verification Improved 6 SatisfactionsMischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land X TD 10 LARK & FOLTS ESQS PO BOX 973 TD CUTCHOGUE NY 11935 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Cornipany Information 310 Center Drive, Riverhead, NY 11901 N/A www.suffolkcountyny.gov/clerk Title# A 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) RICHARD F. MULLEN, JR. and The premises herein is situated in CHARLOTTE M. MULLEN SUFFOLK COUNTY,NEW YORK. 3W In the TOWN of Southold In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1z01".oloa (over) Page 1 of 6 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 17th day of December 2Q12, by Richard F. Mullen, Jr. and Charlotte M. Mullen , presently residing at 1775 Mill Creek Drive, Southold, New York 11971 hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on at 120 Cottage Place, Southold Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A° annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to amend the site plan of said real property, as shown on the amended site plan Amended Site Plan entitled Mullen Realty 1P, prepared byPeconic Surveyors, and last dated C. Nov. 15, 2012 ; and WHEREAS, for and in consideration of the granting of said amended site plan approval for tax map parcel number 1000-62-3-12 , as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, pursuant to Article XVII Parking and Loading Areas §280-78 H of the Southold Town Code, accessory parking for a use on a lot/site may be approved by the Planning Board elsewhere, provide that all spaces therein are located within 200 feet of such lot, and provided both lots are in the same ownership. Additionally, the code requires that the owner agrees to maintain the required number of spaces available either throughout the existence of such use to which they are accessory, or until such spaces are provided elsewhere; and Page 2 of 6 WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. The required number of parking spaces must be maintained and kept available either throughout the existence of the use to which they are accessory (car dealership), or until such spaces are provided elsewhere. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Page 3 of 6 The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Richard F. Mullen, Jr. Charlotte M. Mullen Page 4 of 6 STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 17th day of December, in the year 2012, before me, the undersigned, personally appeared RICHARD F. MULLEN, JR. and CHARLOTTE M. MULLEN personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals or the person upon behalf of which the individuals acted, executed the instrument. &" Notary Public BARBARA DIAf M ftwYark No 1DM=1 Pubk�&"COqn*A om miss on E*bu Oa 91,£Ntrjo�N Page 5 of 6 SCHEDULE A ALL that certain plot,piece or parcel of lan(l,with the buildings and improvements dmvon erected,situate, lying and beinginOw Village and Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: ;A) BEGINNING at a point on the westerly side of Cottage Place 97 .70 feet south of Main Road and from said point of beginning; running along the westerly side of Cottage P1ace .South 140 43' East 67. 14 feet to land now or formerly of Hasbrouck; thence South 870 54 ' 20" West along said land now or formerly. of Hasbrouck 145. 91 feet to land of Mullen Realty LP; running thence along said land of Mullen Realty LP the following two courses and distances: (1) North 15` 03' 20" West 35.26 feet to a point; (2) North 750 17 ' East 142 . 59 feet to the point or place of BEGINNING. Page 6 of 6 Submission Without a Cover Letter Sender: /C/ I MU / /e�-) Subject: ��� U !�h / l_1 Q� �C� L SCTM#: 1000 - Date: /,/7�1 oZ Comments: c DEC 18 2012 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 17th day of December 2012, by Richard F. Mullen, Jr. and Charlotte M. Mullen , presently residing at 1775 Mill Creek Drive, Southold, New York 11971 , hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate M at 120 Cottage Place, Southold Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A° annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to amend the site plan of said real property, as shown on the amended site plan Amended Site Plan entitled Mullen Realty LP, prepared byPeconic Surveyors, , and last dated F.C. Nov. 15, 2012 ; and WHEREAS, for and in consideration of the granting of said amended site plan approval for tax map parcel number 1000-62-3-12 , as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, pursuant to Article XVII Parking and Loading Areas §280-78 H of the Southold Town Code, accessory parking for a use on a lotisite may be approved by the Planning Board elsewhere, provide that all spaces therein are located within 200 feet of such lot, and provided both lots are in the same ownership. Additionally, the code requires that the owner agrees to maintain the required number of spaces available either throughout the existence of such use to which they are accessory, or until such spaces are provided elsewhere; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. The required number of parking spaces must be maintained and kept available either throughout the existence of the use to which they are accessory (car dealership), or until such spaces are provided elsewhere. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. if a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor,following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. Richard F. Mullen, Jr. nnqq / / ./A i .� �//Ykt�////Mlil�Yoit� arlotte M. Mullen STATE OF NEW YORK, COUNTY OF SUFFOLK, ss : On the 17th day of December, in the year 2012, before me, the undersigned, personally appeared RICHARD F. MULLEN, JR. and CHARLOTTE M. MULLEN personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument, the individuals or the person upon behalf of which the individuals acted, executed the instrument. C Notary Public BARBAPAIYACHUN Nogry pwft$UM of Now York No 01% a CammWW E*M OcL 31,2WQ_ I N SCHEDULE A ALL that certain plot,piece or parcel of land,with the buildings and improvemems themon erected,Runde, lying=.dbeingintha Village and Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Cottage Place 97. 70 feet south of Main. Road and from said point of beginning; running along the. westerly side of Cottage P1ac2 .South 140 43' East 67. 14 feet to land now or formerly of Hasbrouck; thence South 870 54 ' 20" West along said land now or formerly. of Hasbrouck 145. 91 feet to land of Mullen Realty LP; running thence along said land of Mullen Realty LP the following two courses and distances (1) North 15' 03' 20" West 35.26 feet to a point; (2) North 750 17 ' East 142 .59 feet to the point or place of BEGINNING. Town Hall Annexyy Telephone(631)765-1802 54375 Main Road T Fax (631)765-9502 P.O. Box 1179 Southold, NY 11971-0959 �l`OOUM'1,Nc� BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: Donald Wilcenski, Planning Board Chair FROM: Michael J. Verity, Chief Building Inspector DATE: December 14, 2012 REOUIREMENTS FOR SITE PLAN APPROVAL Project: Mullen Realty, LP Location: Cottage Place, Southold SCTM# 1000—Section 62 - Block 03 —Lots 11 Date: October 26, 2010 Revised Date: November 15, 2012 The proposed site plan showing parking on the parcel referenced above is allowed as an accessory use so long as the Planning Board, pursuant to Section 280-78 H, determines the following: 1. The parking spaces are located within 200 feet of the use to which they are accessory to; and 2. The parcel is in the same ownership as the parcel with the principal use; and 3. A deed restriction is required to be filed which requires the owner to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere. �v Michael J. Verity Chief Building Inspector P.O. Box 1179 Town Hall Annex - 54375 Route 25 Southold Town Southold, NY 11971 Planning Board Phone: (631) 765-1938 Fax: (631) 765-3136 To: Richard Lark, Esq From: Brian Cummings Lark&Folts Planner Fax: 734-5651 pages: 5 (including cover) plrmm 734-6807 Date: December 14, 2012 Re: Mullen Realty, LP CC: JUrgent For Review Please Comment please Reply Comments: Dick, attached herewith is draft language for a deed restriction on the subject parcel for Mullen Realty, LP. A determination is scheduled for the Planning Board's public meeting agenda Monday, December 17th, however if we cannot complete these deed restrictions by then, we will pass an approval with one (1) condition: that the deed restriction be filed as a covenant and the Applicant must provide the liber and page to satisfy the condition. We will write it in such a way where an additional resolution/meeting will not be necessary. A parking lot cannot be a principle use on a parcel, therefore we are using the provision in the code §280-78(H) which provides the criteria for accessory parking that may not be within the same parcel as the principle use and meets the requirements found in §280-78(H). Please call me if you have any questions, need further clarification or wish to adjust the language found in the attached draft. Thank you for your cooperation, -Brian DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this_day of , 20_, by presently residing at , hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate on , Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the Property); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to amend the site plan of said real property, as shown on the amended site plan entitled , prepared by and last dated and WHEREAS, for and in consideration of the granting of said amended site plan approval for tax map parcel number , as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, pursuant to Article XVII Parking and Loading Areas §280-78 H of the Southold Town Code, accessory parking for a use on a lot/site may be approved by the Planning Board elsewhere, provide that all spaces therein are located within 200 feet of such lot, and provided both lots are in the same ownership. Additionally, the code requires that the owner agrees to maintain the required number of spaces available either throughout the existence of such use to which they are accessory, or until such spaces are provided elsewhere; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. The required number of parking spaces must be maintained and kept available either throughout the existence of the use to which they are accessory (car dealership), or until such spaces are provided elsewhere. The within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy inequity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) On this_day of , in the year 20_, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public LARK & FOLTS I Attorneys at Law 6 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 ------------------------------------ Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS December 10, 2012 Mr. Brian A. Cummings Southold Town Planning Board 54375 State Route 25 P. O. Box 1179 DEC 1 2 2012 Southold, NY 11971 RE: Amended Site Plan Mullen Realty LP (SCTM #1000-62-3-11 and #1000-62-3-12) Dear Mr. Cummings : Pursuant to your letter dated December 6, 2012, I am enclosing three additional prints of the revised survey dated Nov. 15, 2012 . Very truly yours, Richard F. Lark RFL/bd Enclosures • • MAILING ADDRESS: PLANNING BOARD MEMBERS V SUP.O.Box 1179 DONALD J.WD,CENSKI �0�� yQI Southold,NY 11971 Chair !� EDWAROFFICE LOCATION: WILLIAM J. DWAR S Town Hall Annex KENNETH L. DS G Q 54375 State Route 25 JAMES H.RICH III Q (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �yCOUNTI, - Southold, NY Telephone: 631 765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planne� Date: December 11, 2012 Re: Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Rt. 25, Southold SCTM#1000-62-3-11 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District. Thank you for your cooperation. Encls: Site Plan Application Site Plan • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI O��QF SOpryol Southold,NY 11971 Chair '! Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR l''COU'M' Southold, NY III, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 6, 2012 Mr. Richard F. Lark 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Amended Site Plan for Mullen Realty, LP SCTM#1000-62:3-11 Dear Mr. Lark: I am writing as a follow-up to the Planning Board work session held on December 3, 2012, where the Planning Board discussed the above referenced application and determined the following: 1. Please submit an additional three (3) prints of the site plan. 2. All site plan application requirements pursuant to §280-133 have been satisfied. The above-referenced amended site plan application will be placed on the Planning Board's December 17, 2012 Public Meeting for a determination. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner Southold Town Planning Board Work Session—Page TwoR— ecember 3. 2012 - -._ ------ _ Project name i Mullen Real LPSCTM# 1000-62-3 11 & 12 L.Location: 40 & 120 Cottage Place, s/e corner of Cottage Place & NYS Rt 25, Southold Description: This amended site plan is fora proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 sq. ft. parcel in the General Business (BZZoning District -- Status: Pending F Action Review revised site P Ian _ Attachments Staff Report Discussion: • Pre-submission Conference re: SCTM#1000-27-1-3, Proposed Standard Subdivision ■ Ovsianik Change of Zone Request, SCTM#1000-97-2-16.5 —Amended Boundary Line Alteration Survey ■ Local Law re: Amendments to Chapter 280, Zoning, in connection with Use Regulations within LIO and LI Zoning Districts Executive Session: Matters of Litigation •WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, December 3, 2012 2:30 p.m. Executiv Board Room, Tow Hall Annex 2:30 p.m. Applications --._.._- _-_ Project na Bayberry Esta SCTM - 1000-55-6-35, 55-6-36, 56-1-1 Location: on the west side o urel Avenue, approximate 150 feet south of I Yennecott Driv in So hold Description: This propo is for a St dard Subdivision of a 5 cre parcel into 18 ots an o (2) open spa parcels where t ots ra ge in size from 2 2 s.f. to 36,400 s.f., wi the open s ce parcels taling 35 acres, a din the he wetlands in the -80 Z m0 District. Status: on 'onal Preliminary Approv Action: Review ferral responses. Attachme s:_ Staff Re Project na_ _ Maaratooka o , LLC_ i S TM#: 1"00'0-115-2-6 -- - - — Location: _ _ 17405 NYS R e 25, Mattituck__ Description: This p_ro_p6ptd O en Development Area t" ) will__create a develop nt area of . acres i a 22.5-acre parcel with th future potential to be subd' ided into a m imum of 3 residential lots nd one 18-acre r acted farmland pa I i the AC Zoning Distri _ Status ending— Action Review C & Rs and vis mates — . -. . .-- -— — ---- —-- -- _ - - -._ .-- , Attachments: taff Report _ ; -- _... - — -- — -- --- Protect name Ro ertso Johnson ] M# j 1000-67-3 10 — — -- — -- Location 55 'c on Street, Peconic _ Description: This oposed Lot Line Chan ill tr sfer 0.46 acres from S 000-74-1-2 to SC #1000-67- -10. SCTM#1000-67 -10 will ncrease rom 0.24 acr to 0.70 acres, a SCTM#1000-74- will decrease 0111710.46 resto 0 acres in the __Zonin rict. Status: New Action: — Review oion r clateness. - - Staff Re Project name: Mil —reek Inn & arina — SCTM#1000 6----7-----2 _ Location: 300 NYS Route on so side of Rt. 25, 424' we t of Dolphin Drive; -- ..-..-- -----.-... - Greenport ----- Description: This site plan is for th roposed improvement and renov 'on to an j existing 50 slip ma . a & 989 s.f. restaurant with new mari a/dock master building arking ar s and site drainage on a 3.27 ace parcel in the M-II Zoni District. _- ...- .. -- -- —- - - - .— Status Pending -- --- -. . — — -- J Action Review referrals. Attachments. I Staff Report - _.-.-.. I`/ nr 1 _ LARK& FOLTS Attorneys at Law U 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolls@aol.com RICHARD F. LARK MARY LOU FOLTS November 23, 2012 Mr. Brian A. Cummings NOV 2 7 2012 Southold Town Planning Board 54375 State Route 25 P.O. Box 1179 Southold, NY 11971 RE: Amended Site Plan Mullen Realty LP (SCTM #1000-62-3-11 and #1000-62-3-12) Dear Mr. Cummings : Pursuant to your letter dated October 12, 2012, I am enclosing two prints of the revised survey dated Nov. 15, 2012 . Please note the survey contains the following notation "10 ' wide perpetual landscaped buffer comprised of a double-row of evergreens" . Kindly present the survey to the Planning Board and issue your Amended Site Plan approval for Mullen Realty LP. Very truly yours, hard F. Lark RFL/bd Enclosures 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS OF sou P.O.Box 1179 DONALD J.WILCENSKI O�� TyQI Southold,NY 11971 Chair h O OFFICE LOCATION: WILLIAM J.CREMERS 411 Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JAMES H.RICH III ' (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IiYCOU'MSouthold, NY 111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 12, 2012 Mr. Richard F. Lark 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Site Plan for Mullen Realty, LP SCTM#1000-62.-3-11 Dear Mr. Lark: I am writing as a follow-up to the revised site plan submitted on September 21, 2012, where the Planning Board and Staff reviewed the above referenced application and determined the following remains outstanding: 1. Please clarify the language pertaining to the landscaped buffer area between the subject parcel and the adjacent parcel to the south. a. On the site plan, clearly include "10' wide perpetual landscaped buffer comprised of a double-row of evergreens". b. The inclusion of the double-row of evergreens is specifically pursuant to §280-94(C) of the Town Code. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, �Ctr�Cuw-a,..i Brian A. Cummings CJ Planner PA k, WF 6C LARK& FOLTS �cLe Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele. No. (631) 7346807 Fax No. (631) 7345651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS September 14, 2012 Mr. Brian A. Cummings Southold Town Planning Board 54375 State Route 25 P.O. Box 1179 SEP 2 � 2012 Southold, NY 11971 RE: Amended Site Plan Mullen Realty LP (SCTM #1000-62-3-11 and #1000-62-3-12) Dear Mr. Cummings : Pursuant to your letter dated July 11, 2012, I am enclosing a revised survey dated Sept . 14, 2012 . Kindly let me know if the survey meets with your approval . Very /truly yours, Richard F. Lark RFL/bd Enclosure • • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SOUjP.O.Box 1179 DONALD J.WILCENSKI ��� Southold, NY 11971 Chair O OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • O 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORCOUNTY Southold, NY PI Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 2012 Mr. Richard F. Lark 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Site Plan for Mullen Realty, LP SCTM#1000-62-3-11 Dear Mr. Lark: I am writing as a follow-up to the Work Session held on July 9, 2012 where the Planning Board discussed the above referenced application and required the following: 1. Please clarify the dimensions of the landscaped buffer between the subject parcel and the adjacent parcel to the.south. a. On the site plan, provide the dimensions of the landscaped area and include those dimensions clearly in a notation on the plan: L "(x)' foot wide perpetual landscaped buffer comprised of a double-row of evergreens" If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, <� a_�co a^e Brian A. Cummings Planner 6 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 9, 2012 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session 4:00 p.m. Applications 5:30 p.m. Review Public Meeting Agenda Project name: Noone, Margaret SCTM#: 1000-143-1-4.1 Location: 210 Sigsbee Road, Mattituck Description: This proposal is for a standard 2-lot subdivision of a 21,000 s.f. parcel where Lot 1 = 10,501 s.f. and Lot 2 = 10,500 s.f. in the R-40 & B Zoning Districts. Status: Pending i Action: Review revised maps. Attachments: , Staff Report Project name: Mill Creek Inn & Marina SCTM#. 1000-56-7-2 Location: 64300 NYS Route 25, on south side of Rt. 25, 424' west of Dolphin Drive,;, Greenport Description: This site plan is for the proposed improvement and renovation to an existing 50 slip marina & 8,989 s.f. restaurant with new marina/dock master building, parking areas and site drainage on a 3.27 acre parcel in the M-II Zoning District. Status: Pending .. Action: Review up-dated site plans and status of application review. Attachments: Staff Report Project name: T-Mobile at LIPA SCTM#: 100045-1-14.1 Location: 169685 NYS Route 25, Greenport Description: This site plan is to up-grade and maintain a wireless facility with equipment area on an existing utility pole. The antennas are located mounted on the exterior of the pole at a height of 84' and located on an 8.3-acre site in the LB Zoning District. Status: Pending _. Action: Review comments from referrals. Attachments: i Staff Report Project name: Mullen Realty, LP SCTM#: 1000-62-3-11 & 12 Location: 40 & 120 Cottage Place, s/e corner of Cottage Place & NYS Rt. 25, Southold .. Description: This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 sq. ft. parcel in the General Business (B) Zoning District. Status: Pending Action: Review comments from referrals. Attachments: Staff Report OFFICE LOCATION: so MAILING DRESS: Town Hall Annex ,�O l� P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) H Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 OUNT(,N`� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Donald Wilcenski, Chair Town of Southold Planning Board 1 Jl From: Mark Terry, Principal Plannerj. JUL - 5 2012 LWRP Coordinator Date: July 5, 2012 Re: Site plan for Mullen Realty LLC SCTM# 1000-62.-3-11 This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District, Cottage Place, Southold. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP, provided that the below recommendations are considered: To further Policy 5, 'Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; require that the action meets Chapter 236 Stormwater Management. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Brian Cummings, Planner S11FFO1X SCOTT A. RUSSELL p`� JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD y TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015y��! ( JAMIE.RICHTER@TOU WN.SOTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Donald J. Wilcenski June 18, 2012 Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 - Re: Mullen Realty, LP Site Plan 120 Cottage Place, Southold, NY SCTM #: 1000—62—03 - 11 N'r tits Dear Mr. Wilcenski: 'ice As per a request from your office, I have reviewed the $d Site Plan for a proposed parking area in a General Business Zone. Please Gonsidertfie following: 1. The Stone Blend Parking area should maintain a 4' wide landscape buffer at all property lines to comply with Town Zoning Chapter 280-95 B. (A landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access to a street or parking facility on an adjacent lot. Access-ways to adjacent lots shall not exceed 24 feet in width and shall not exceed two in number for each purpose. The landscaped area shall have a minimum dimension of four feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-inch caliperforevery 40 feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewalk, the required landscaped area shall be extended to the edge of the sidewalk) 2. Drainage Designs have not been provided for containment of stormwater runoff as required by Chapter 236. Gravel parking areas shall use a 0.60 Run-off Coefficient and drainage design calculations for containment of a 2" rainfall is required. If you have any questions regarding this review, please contact my office. Si rely, 1 mes . Richter, R.A. cc: Peter Harris, Highway Superintendent 0 811 gOVTHO- _ I (t- O i 'Qf DISSa` SOUTHOLD FIRE DISTRICT P.O. BOX 908. SOUTHOLD, N.Y. 11971 J (631) 765-4305 June 13, 2012 FAX (631) 765-5076 Mr. Brian A. Cummings, Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 ON 14 2012 Re: Mullen Realty, LP Dear Mr. Cummings: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned site plan application and found that there is adequate fire protection for this property. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. Sincerely, Carol A. Miller Fire District Secretary Cummings, Brian A. From: Fisher, Robert Sent: Thursday,June 07, 2012 3:35 PM To: Cummings, Brian A. Subject: 62-3-11 Mullens Brian I have no objections to this site plan as long as proper widths are followed for emergency vehicle access. Bob Robert Fisher Fire Inspector robert.fisher@town.southold.nv.us (631) 765-1802 • • MAILING ADDRESS: PLANNING BOARD MEMBERS �OF so P.O. Box 1179 DONALD J.WILCENSKI �� Q� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS "' Town Hall Annex KENNETH L.EDWARDS n • 54375 State Route 25 JAMES H.RICH III !�Q � (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU0 N a - Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5, 2012 Richard F. Lark, Esq. P.O. Box 973 28785 Main Road Cutchogue, NY 11935 Re: Close Hearing: Proposed Amended Site Plan for Mullen Realty, LP Located at 40 Cottage Place, on the southeast corner of Cottage Place and NYS Route 25, Southold SCTM#1000-62-3-11 & 12 Zoning District: B Dear Mr. Lark: A public hearing was held by the Southold Town Planning Board on Monday, June 4, 2012 regarding the above-referenced Site Plan. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman 0 • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI ��OF SU(/lyplo Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS -- Town Hall Annex KENNETH L.EDWARDS o • 54375 State Route 25 JAMES H.RICH In �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Comm Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk cc: Town Attorney From: Brian Cummings, Planner Date: June 5, 2012 Re: Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Rt. 25, Southold SCTM#1000-62-3-11 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction, if applicable. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS DF S0 P.O. Box 1179 DONALD J.WILCENSKI O�� yQ� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III 'Q �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyCOU,rty Southold, NY n Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Damon Rallis, Code Enforcement Officer Robert Fisher, Fire Marshall From: Brian Cummings, Planner Date: June 5, 2012 Re: Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Rt. 25, Southold SCTM#1000-62-3-11 The Planning Board refers this application to you for your information, comments, review, and any violations on record, if applicable. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI O��QF �UryOl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Nyco Southold,NY Telephone: 631 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Brian Cummings, Planner® Date: June 5, 2012 Re: Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Rt. 25, Southold SCTM#1000-62-3-11 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS �F S0 P.O.Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JAMES H.RICH III ��l Q� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��'DUn 11��.` Southold, NY Telephone:631 765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planner Date: June 5, 2012 Re: Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Rt. 25, Southold SCTM#1000-62-3-11 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District. Thank you for your cooperation. Encls: Site Plan Application Site Plan 0 MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF si)�lyo P.O. Box 1179 DONALD J.WILCENSKI �0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS va Town Hall Annex KENNETH L.EDWARDS G �p 54375 State Route 25 JAMES H.RICH III 0� ..A (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR COUNTY���•` Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Planner Date: June 5, 2012 Re: Site Plan for Mullen Realty, LP Application Name: Mullen Realty, LP Tax Map Number: 1000- 62-3-11 Location: 40 & 120 Cottage Place, Southold Type of Application: Sketch Subdivision Map (Dated: 1 Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: 1 Other (Dated: 1 Site Plan (Dated: 5/17/12 1 Revised Site Plan (Dated: 1 Grading and Drainage Plans (Dated: 1 Other (AS BUILT) (Dated: 1 Project Description: This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District. Thank you for your cooperation. 6 • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI o��OF so P.O. Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS 4 Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III 0 �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR li�CO� Southold,NY 1111 Telephone: 631765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5, 2012 Ms. Carol Miller c/o Southold Fire District P.O. Box 908 Southold, NY 11971 Re: Request for Review on: Site Plan for Mullen Realty, LP Located at 40 & 120 Cottage Place, s/e/c/o Cottage Place & NYS Rt. 25, Southold SCTM#1000-62-3-11 Dear Ms. Miller: The enclosed site plan application is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Brian Cummings Planner Encls.: Site Plan Application Site Plan Building Specifications 6 LARK& FOLTS I I - Attorneys at Law I L 28785 MAIN ROAD Illlllll PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele. No. (631) 7346807 Fax No. (631) 7345651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS May 31, 2012 Mr. Donald J. Wilcenski Southold Town Planning Board 20 54375 State Route 25 P.O. Box 1179 Southold, NY 11971 RE: Amended Site Plan Mullen Realty LP (SCTM #1000-62-3-11 and #1000-62-3-12) Dear Mr. Wilcenski : Pursuant to your letter dated May 8, 2012, I am enclosing the Affidavit of Posting. Also enclosed is the Affidavit of Mailings along with the certified mail receipts and the green return receipt cards . Very truly yours, XichardF. Lark RFL/bd Enclosures AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 40 and 120 Cottage Place Southold, New York (SCTM #1000-62-3-11 and 12) by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on May 22 , 2012 "wfe sent natices by ceFtified maw' FetUFR Fe68i-A --eeipft and green return race pt cards Of Which are a#ached, to the ewneFs of FeeOFd ofma ic> x=x 2 Richard F. Mullen, III Your Name (print) Signature 1625 Yennecott Drive, Southold, New York 11971 Address May 31 , 2012 Date Notary Public BAFRW 8ftofNe NiwYak omff mW EON 04.31�1AB'a 0!N PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri.. 611/12 Re: Proposed Site Plan for Mullen Realty, LP SCTM#s: 1000-62-3-11 & 12 Date of Hearing: Monday, June 4, 2012, 6:04 p.m. MAILINGS AFFIDAVIT OF FA$)T�IM13 This *9 to serve netlee that 1 peFsenally posted Me property known as s�xx�aa�xs�sx�n� �x�gxs�x� aa�x���vxx�xxxxs�s��a.��:o� �xxixxi�a e SUFO the peeteF has remained in olaes for seven days prier to the date of th public I have sent notices by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on May 22, 2012 Barbara Diachun Your Name (print) 1 y Y�.i� �'-�. %ie-rj Signature 875 School House road Cutchogue, New York 11935 Address May 31 , 2012 Date Notary ublic Na GGLA7192,5pp•&dloic QamV�lon�mkea Aup.3�,�a of y PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri.. 6/1/12 ************************k*****************k***+kk*************k**********kk*******kk****k*****k***!t** Re: Proposed Site Plan for Mullen Realty, LP SCTM#s: 1000-62-3-11 & 12 Date of Hearing: Monday, June 4, 2012, 6:04 p.m. APPLICATION OF MU0N REALTY LP • i 1000-062 . 00-03 . 00-013 . 000 Postal . • CERTIFIED IL RECEIPT u (Domestic Er 1 Postage $ $0.45 N Certified Fee f2.95 - 7t> C&T(`y 0 Return Receipt Fee f235 O C3 . (Endorsement Required) A y re Restricted Delivery Fee V C (Endorsement Required) $0.00 6 ,-p Total Postage&Fees $ f5•� sent Te Emerson C. as r uc c r. Mar - L Has rouC� -------- street o orpogplvo.; 41 Farm Road West ry o,PO Box ... City,State,ZlPf4 Wading River, NY 11792 1000-063 . 00-03 . 00-008 . 000 Postal CERTIFIED MAIL� � RECEIPT Er (Domestic ru Q- x j1- _n $0.45 0935 rq Postage $ '-9 $2.95 Certifietl Fee ' N a O Return Receipt Fee $2'.35 Here `s ' C:3 (Endorsement Required) Restricted Delivery Fee C3 (Endorsement Required) _n Total Postage&Fees 12 �C f ra S O Sent To Stgck Dev 1 LLC 0 Sveer,Apt.No., r nrPoeoxNP. 18__3 Smithtown Boulevard - - - ................................................. ........ ca,,Stare,ZIP+q� Nesconset, NY 11767 1000-063 . 00-03 . 00-009. 000 Postal . • CERTIFIED IL RECEIPT ru (Domestic Only; a Ir o- IF1. .I L rr=1 Postage $ $0.45 - ru f2.95 03 n Certified Fee ru O Return Receipt Fee ark Z3 (Endorsement Required) fz•� 6v " Mere O Restricted Delivery Fee Q C:3 (Endorsement Required) �•� 'r7j F C� -A Total Postage&Fees $ f5•� a�' ra Sent To C:l Thomas J. McCarthy ------------------•-----------..------------------•---------------------- _ StreeC Apr.NP.; N n,Pa Box No. 46520 Route 48 C--Stale.Z/P.4_ _ ......- --------------------------•--•----------------------..... .dP Southold, NY 11971 Page 1 of 2 APPLICATION OF MU*N REALTY LP . 1000-063 . 00-03 . 00-026. 000 i Postal CERTIFIED MAIL RECEIPT to (Domestic Mail OMY;No insurance Coverage Provided) 0 S ' E V r-D—1 Postage s $0.45 Certinea Fee $2.95 aru O Return Reoelpl Fee P C3 (Endorsement Required) Restruttea Delivery F (Entloreemenl Requlratl)ee ,-p Total Postage&Fees ,$ ri Sent To C3 Pressler Living- Trust Street,Apt No.; or Poeo,No. 650 Grove Drive Ciry,Stete,Z/Pa4 Southold, NY 11971 it i I {, Page 2 of 2 s. APPLICATION OF MUON REALTY LP ` 1000-062 . 00-03. 00-013 . 000 SENDER: .t 'ON DELIVERY ■ Complete items 1,2,and&ANo oompMte a S item 4 H Restricted Delivery Is desired. 0 Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. C. Date of Delivery ■ Attach this card to the back of the mailpiece,•- or on the from If space permits. - . Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: :e If YES,enter delivery address below: 0 No Emerson C. Hasbrouck J }1.,h Mary L. Hasbrouck 41 Farm Road Westx a` Wading River, NY `1 2 q >>>> SWAM Type � M Certified Mail ; [3 F�s'M91i 0 Registergd°'• C3Return Receipt for Merchandise �gL l l l 0 InsureAMail 13C.O.D. 4. Restricted Delivery?(Exam Fee) 0 yes / 2.. Amide Number (t 7810 1670 0p " 1169 4599 (transfer from service kohl) 0p- PS Form 3811,February 2004 Domestic Return Roo" 102595-02-M-1540 1000-063 . 00-03 . 00-008 . 000 jSENDEP ■ Complete hart elf 911 ' eo complete A 'gne item 4 if R - ttesfred. 0 Agent ■ Prim your narrre'eraf=aclAred§do the reverse ❑Addressee so that we can return the card t0 you. B. Received by(Printed Name) C. Date D very ■ Attach this card to the back of the mailpiece, 2/ or on the front if space permits. y ��ci 1 D. Is deliveryaddress dMerem from item 1T Yes 1. Article Addressed to: - - - ' If YES,enter delivery address below: 0 No Stocken Dev 1 LLC 183 Smithtown Boulevard Nesconset, NY 11767 3. Service Type ISI Certified Mail 0 Express Mall 0 Registered ❑Retum Recelpt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?Pdra Fee) 0 Yes z- Article Non7010 1670 0002 1169 4629 (Transfer from aervk:e keel) PS Form 3811,February 2oo4 Domestic Return ROO* 1M95-02-M-1540 1000-063 . 00-03 . 00-009 . 000 SE N DER Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery Is desired. 0 Agent , ■ Prim your name and address on the reverse 777 ❑Addressee i so that we can return the card to you. 4% B. 'ved by(Pdnted Name) C. Date of Delivery ; ■ Attach this card to the back of the mailpieoD¢+... or on the front If space permits. Ah 1. Article Addressed to: D. Is deliverya di ferera horn ilem 1T ❑Yes ' N YES,enter delivery address below: 0 No Thomas J. McCarthy 46520 Route 48 Southold, NY 11971 3. Service Type 0 certified Mail ❑Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Exam Feel 0 Yes Number 1r from service labeg 7010 1670 0002 1169 4612 3811,February 2004 Domeetie Return Rece4t 102595-02-M-1540 Page 1 of 2 ' APPLICATION OF MUON REALTY LP • 1 1000-063 . 00-03 . 00-026. 000 ■ Complete items 1,2,and 3.Also complete A Signatu Item 4 B Restricted Delivery is desired. ■ Print your name and address on the reverse X 13 Addressee so that we can return the card to you. ■ Attach this card to the back of the maiipiece, ' Received by N"ted Name) C. tate of Delivery or on the front if space permits. =w'. 1. Article Addressed to: s5 .ta dsllvery addreae di Weed fr m item la 0, If YES,enter delivery address below:- Pressler Living Trust Grove Drive Sou d,, Southold, NY 11971 =ja ---A ail ❑Expre i ❑ for Merchandise il ❑ : ivery! firy ❑Yes ArticleNumber 700 1670 0002 1169 4605 ' I — — 1�i Page2 of 2 THOMAS J. McCARTHY 46520 COUNTY ROAD 48 SOUTHOLD, NY 11971 May 24, 2012 MAY 2 5 2012 Town of Southold, Planning Department L -� Town Hall Annex Building 54375 Route 25 P.O. Box 1179 NAME: Mullen Realty, LLP. Southold NY 11971 RE: SCTM# 1000-62-3-11 & 12 To Whom It May Concern: Please let this letter serve as written acknowledgement of the above referenced Petitioner/Owner that I have no objection to the received"Notice to Adjacent Property Owners". Thank you. Thomas J. McCarthy Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for an Amended Site Plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-62-3-11 & 12; 3. That the property which is the subject of this application is located in the B Zoning District; 4. That the application is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel. The property is located at 40 & 120 Cottage Place, on the s/e corner of Cottage Place & NYS Rt. 25, Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d Fl., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. The office will be closed on Monday, May 28, 2012. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kali n@town.southold.ny.us; 6. That a public hearing will be held on the matter by the Planning Board on Monday. June 4. 2012 at 6:04 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Mullen Realty, LP Date: 5/8/12 LARK& FOLTS Attorneys at Law ` 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolls@aol.com RICHARD F. LARK MARY LOU FOLTS May 23, 2012 Mr. Brian A. Cummings Southold Town Planning Board 54375 State Route 25 IAAy 2 4 2W P.O. Box 1179 J Southold, NY 11971 , RE: Amended Site Plan Mullen Realty LP (SCTM #1000-62-3-11 and #1000-62-3-12) Dear Mr. Cummings : Pursuant to your letter dated April 24, 2012, I am enclosing an original and eight copies of a survey of Peconic Surveyors, P. C. last revised May 17, 2012 . Very tr ly yours, ichard F. Lark RFL/bd Enclosures #10708 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), successfully commencing on the 24th day of May, 2012. rincipal Clerk Sworn to before me this day of 2012.aQ Notice of Public Hearing 'l- 111JJJ v `� NOTICE IS HEREBY GIVEN that, NRIST NAY INSKI Pursuant to Article XXV of the Code of the Town of Southold,a public hear- NOTARY PUBLIC•S'ATB OP NEW YORK ing will be held by the Southold Town No, GIV0E106050 Planning Board,at the To"Mail,Main Ouoltfled In Suffolk County Road,Southold,New York on the 4thIS,2016 day of June,2012 on the question of the My 9ommlkflAn RIIR tel f dxuorY following: 6:00 p.m.Proposed Site Plan for Clif- ford Cornell located at 2325 Horton Lane,t.25 of a mile s/o CR 48,Southold, Town of Southold, County of Suffolk, State of New York.Suffolk County Tax Map Number 1000-63-1-1.5 6:02 p.m.Proposed Site Plan for Gog- gins located at 13200 Route 25, x225' w/o Wickham Avenue,Mattituck,Town of Southold, County of Suffolk, State of New York.Suffolk County Tax Map Number 1000-114-11-9.1 4.04 p.m. Proposed Amended Site Plan for Mullen Realty, LP located at 40 & 120 Cottage Place,on the s/e/c/o Cottage Place&NYS Rt.25,Southold, Town of Southold, County of Suffolk, State of New York.Suffolk County Tax Map Number 1000.62-3-11&12 6:06 p.m.Proposed Site Plan for the Mill Creek Inn & Marina located at 64300 NYS Route 25,424'w/o Dolphin Drive, Greenport, Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map Number 1000- 56-7-2 Dated:5/8/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J.Wilcenski Chairman 10.708-1T 5/24 MAILING ADDRESS: PLANNING BOARD MEMBERS fjF so P.O.Box 1179 DONALD J.WILCENSKI O�� yQl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 RA JAMES H.RICH III , w��Qi� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Iycom �`(` Southold, NY 1111 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 4th day of June, 2012 on the question of the following: 6:00 p.m. Proposed Site Plan for Clifford Cornell located at 2325 Horton Lane, ± .25 of a mile s/o CR 48, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-1.5 6:02 p.m. Proposed Site Plan for Goggins located at 13200 Route 25, ±225' w/o Wickham Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-11-9.1 6:04 p.m. Proposed Amended Site Plan for Mullen Realty, LP located at 40 & 120 Cottage Place, on the s/e/c/o Cottage Place & NYS Rt. 25, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-62-3-11 & 12 6:06 p.m. Proposed Site Plan for the Mill Creek Inn & Marina located at 64300 NYS Route 25, 424' w/o Dolphin Drive, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-56-7-2 Dated: 5/8/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 24, 2012 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • Page 1 of 1 Kalin, Carol From: Candice Schott[cschott@timesreview.com] Sent: Wednesday, May 09, 2012 10:27 AM To: Kalin, Carol Subject: RE: Legal Ad for 5/24 Edition of Suffolk Times Hi Carol, I have received the notice and we are good to go for the 5/24 issue. Thanks and have a great Wednesday! Candice From: Kalin, Carol [mailto:Carol.Kalm@town.southold.ny us] Sent: Wednesday, May 09, 2012 9:35 AM To: tr-legals Subject: Legal Ad for 5/24 Edition of Suffolk Times Please print the attached legal ad for the June 4, 2012 Planning Board Public Hearings regarding the site plans for Cornell, Mullen Realty, Goggins & Mill Creek Inn in the May 24. 2012 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.KalinLa)town.southold.nv.Us 5/9/2012 MAILING ADDRESS: PLANNING BOARD MEMBERS O� OF so�lo� P.O.Box 1179 DONALD J.WILCENSKI y Southold, NY 11971 Chair h Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IiYCOU'M'� Southold, NY n 11 Telephone: 631 765-1936 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 4th day of June, 2012 on the question of the following: 6:00 p.m. Proposed Site Plan for Clifford Cornell located at 2325 Horton Lane, ± .25 of a mile s/o CR 48, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-1.5 6:02 p.m. Proposed Site Plan for Goggins located at 13200 Route 25, ±225' w/o Wickham Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-11-9.1 6:04 p.m. Proposed Amended Site Plan for Mullen Realty, LP located at 40 & 120 Cottage Place, on the s/e/c/o Cottage Place & NYS Rt. 25, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-62-3-11 & 12 6:06 p.m. Proposed Site Plan for the Mill Creek Inn & Marina located at 64300 NYS Route 25, 424' w/o Dolphin Drive, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-56-7-2 Dated: 5/8/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman • STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 9th day of May, 2012 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 6/4/12 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Site Plan for Clifford Cornell, SCTM#1000-63-1-1.5 6:02 p.m. Public Hearing for the proposed Site Plan for Goggins, SCTM#1000-114- 11-9.1 6:04 p.m. Public Hearing for the proposed Site Plan for Mullen Realty, LP, SCTM#1000-62-3-11 & 12 6:06 p.m. Public Hearing for the proposed Site Plan for Mill Creek Inn & Marina, SCTM#1000-56-7-2 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this 6- , day of , 2012. Whiku Notary MELANIE DOROSKI NOTARY PUBLIC,State of New York No,01 D04634870 Qualified in Suffolk County ll Commission Expires September 30, E • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O.Box 1179 DONALD J.WILCENSKI O��OF SU(/l�pl Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G C 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU '� Southold,NY Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 8, 2012 Richard F. Lark, Esq. P.O. Box 973 28785 Main Road Cutchogue, NY 11935 Re: Set Hearing: Proposed Amended Site Plan for Mullen Realty, LP Located at 40 Cottage Place, on the southeast corner of Cottage Place and NYS Route 25, Southold SCTM#1000-62-3-11 & 12 Zoning District: B Dear Mr. Lark: The Southold Town Planning Board, at a meeting held on Monday, May 7, 2012, adopted the following resolution: WHEREAS, on March 19, 2012, the agent, Richard Lark, Esq., submitted an application for an amended site plan on behalf of the applicant; and WHEREAS, this amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District, Cottage Place, Southold; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, June 4, 2012 at 6:04 p.m. for a public hearing regarding the amended site plan, dated February 21, 2012, prepared by John T. Metzger. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form(s) are enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Postina alona with the certified mailina receipts AND the sianed areen return receipt cards before 12:00 noon on Friday. June 1st. The sign and the post need to be returned to the Planning Board Office after the public hearina. Mullen Realty, LP Page Two May 8, 2012 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for an Amended Site Plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-62-3-11 & 12; 3. That the property which is the subject of this application is located in the B Zoning District; 4. That the application is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel. The property is located at 40 & 120 Cottage Place, on the s/e corner of Cottage Place & NYS Rt. 25, Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. The office will be closed on Monday, May 28, 2012. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a public hearing will be held on the matter by the Planning Board on Monday. June 4. 2012 at 6:04 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Mullen Realty, LP Date: 5/8/12 Mullen Realty, LP 62.-3-11 & 12 40 & 120 Cottage Place, Southold 1. 62.-3-13 2. 62.-3-10.3 3. 63.-3-26 4. 63.-3-9 13® t1�3fM uS N �G 9� 1� to 1•�p .e SR,25 V • 5 / 5.3 9L ,�♦- ' .'fit P - V •1 4P 1� J ? �a 'y. / N A, / � ,fit -� P ♦ � '� �t,�E � -� _ E N 9R NOTICE 1) COUNTY OF SUFFOLK © K Twwar gpOTNllp SECTION NO 19NReal Property Tart Service Agency Y 62 w"u.uu• wraummrvtwawku mwaaEo xt ...e m m o n..ti a �r t2�N.l.fil. i'� �: arae rs2 MTkinW ___ o..u. --.-- owu.--wx-- w.mwa vnxwrrarrzxrae.m of tkE A w �3t� "„� —____ kwvkokEnnnu gxxa.¢xn. P tWe oma"•^-••_.. -sw - • // / � - / sEE SEc.No.fxs 12,1-00 N 1 \ _ _ _ LINE \ /// IM� —UqE N leo, //iO x°,tL� --_—_—� \ / ---- \ t1@ / SEE SEC:NO. ' assoeon ata ' �dr 9 P � mrFnacaM. � Ts Ja y� y� � YAIFAAVlIIIXaiYs � - asAt4 1w`I oz°m ,0 tsA14 g • \ Z.a Z)L! \ \ zu 1 N11D11 15 1LIU! zulcl 311 M � fl2 ,F♦ -11-0a RAIN q•aaxmoln \ T.1A Z t]LB ,y Deur naf[xrwaxtA i (faxxoFswxnan 'IP \�! 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A ,.. —O-- a.xx. --�-- --^-- nonce E ,.,` _�_ `�,,,,� R1/ ` COUNTY OF SUFFOLK © JK ` ,PNNv samloln SECTION NO _—•_ __.�'.'-- •� a '^" .w wnwcwMxowx..awfponw Real Property Tax Servic¢AgEnty r . 777 .- -.. _.-:c:. 0 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 6/1/12 Re: Proposed Site Plan for Mullen Realty, LP SCTM#s: 1000-62-3-11 & 12 Date of Hearing: Monday, June 4, 2012. 6:04 p.m. Town of Southold PGCodebookfor Windows §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L.No.,12-2003} Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete,the board or commission reviewing the same shall fix a time and place for a public hearing thereon.Notice relating to a public hearing on an application or petition shall be provided as follows: A. .Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time,date,place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for Posting and mailing notice.An application or Petition'initiated,proPosed or requested by an applicant or Petitioner,other than a Town board or commission,shall also be subject to additional notice requirements act forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayedd on the premises facing each public or private streot which the property involved in the application or petition abuts,giving notice of the application or petition,the nature of the approval sought thereby and the time and place of the public Wring thereon.The sign shall be set back not more than 10 feet from The signshall be h°°' displayed for a period of not less than seven days immediately • preceding the date of the public hearing.The applicant,petitioner or his/her agent shall file-an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every PmPerty which abuts and every property which is across from any public orprivate sheet from the Property included in the application or Petition. Such notice shall be made by certified mail,return receipt requested,posted at least Bev days days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property,nature of relief or approval involved,and date, time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 MULLEN REALTY, LP RICHARD F . & CHARLOTTE M . MULLEN • SITE PLAN FOR MULLEN REALTY, LP 1000 =62 =3 - 11 & 12 This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning • District. MONDAY - JUNE 412012 - 6 : 04 P . M . f PLANNING BOARD MEMBERS1,F SO(/ MAILING ADDRESS: rye P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS '� • �O 54375 State Route 25 JAMES H.RICH III Dy (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU ry ,,� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 24, 2012 Mr. Richard F. Lark 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Site Plan for Mullen Realty, LP SCTM#1000-62:3-11 Dear Mr. Lark: I am writing as a follow-up to the Work Session held on April 23, 2012 where the Planning Board formally accepted the above-referenced site plan for review. 1. Please note on the site plan that the area is for parking only. 2. Provide the dimensions and layout for the proposed fourteen (14) parking stalls. a. These delineated stalls are not required to be constructed but will be used during the review process to better understand the layout of the subject parcel. The Planning Board, its Staff, Town departments and relevant agencies will provide additional comments following full review. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, �' OCA C Wktq� S Brian A. Cummings Planner Southold Town Planning Board Work Session - Page Two-April 23 2012 Project name James Creek_ Landing SCTM# l 1000-122-3-1.4 Location: West side of Main Road approx 280' south of New Suffolk Ave, Mattituck Description: This proposal is to subdivide a split-zoned parcel into five lots where Lot 1 equals 40,686 sq. ft.; Lot 2 equals 33,007 sq. ft.; Lot 3 equals 44,986 sq. ft.; and Lot 4 equals 43,520 sq. ft. in the R-80 Zoning District. Lot 5 equals 77,747 sq. ft. and is located in the B Zoning District. The open space is equal to 5.59 acres or 60% of the upland area. Status Conditional Prelimina�Approval Action Review draft letter to Agent Attachments: Draft Letter/Staff Report _.._._.__...—_. _.-.. _- .... ----------...-------- ..........................._....------------ ------- - -----' --- ------ --- ... -- ---- --....--- ---------- ------ - ----- -- ---- ---.-._... Project name: North Fork Community Theater & SCTM#: 1000-141-4-26 & 32.1 Mattituck Presbyterian Church _Location: 12700 Sound Avenue U2605 NYS Route 25, Mattituck _ _ Description: This proposed lot line change will increase SCTM#1000-141-04-26 (Lot 1)from 6,683 sq. ft. (A 53 acres) to 17,964 sq. ft. (.412 acres). SCTM#1000-141-04-32.1 (Lot 2) will decrease from 113,809 sq. ft. (2.613 acres) to 102,528 sq. ft. (2.354 acres). The application required ZBA approval for sideyard setbacks_— -_._._.-.-._-.__ Status Conditional Final Approval -- - -. _ Action Review draft deeds and for granting Final Approval ; - -- - _ ... Attachments Staff Report, Draft Deeds — ......................... -- - Proiect name Joint Industry Bd. (Santorini) I SCTM# C 10083-2 17.3 0 Location: 3800 Duck Pond Road, Cutchogue ---- — --- -- --- ----- - Description: This site plan is for the proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an existing motel, restaurant, pool and pool house on a conforming 12.3-acre site partially located in the Resort Residential and Agricultural Conservation Zoning i ._ ----- Districts. —.— _ ..-.- Status Final, Pending Inspection Action: Discuss Final Site Inspection - -- . ..... _ .. .. ..... Attachments: 1 - — SCTM#. 10.0.0-.6.273-11 & 12 Location. 40 & 120 Cottage Place, s/e corner of Cottage Place & NYS Rt. 25, Southold Description: This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 sq. ft. parcel in the General Business �B) Zoning District_ -.- Status: I New Application - -- -- — _ j Action Rewew for completeness f - -- — Attachments I Staff Report • �t1-p) C LARK& FOLTS �l Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F. LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com rnfHr:k ) P&bxaargz2-4, 2012 Southold Town Planning Board 54375 State Route 25 19 2W P. O. Box 1179 Southold, NY 11971 RE: Amended Site Plan Mullen Realty LP (SCTM #1000-62-3-11 and #1000-62-3-12) Dear Sir: In connection with the above-captioned matter, I am enclosing the following: 1 . Amended Site Plan Application Form 2 . Full Environmental Assessment Form 3 . LWRP Consistency Assessment Form 4 . Applicant ' s Affidavits of Mullen Realty LP, Richard F. Mullen, Jr. and Charlotte M. Mullen 5 . Authorizations of Mullen Realty LP and Richard F. Mullen, Jr. and Charlotte M. Mullen 6 . Applicant Transactional Disclosure Forms of Mullen Realty, LP, Richard F. Mullen, Jr. , Charlotte M. Mullen, Richard F. Lark and Mary Lou Folts 7 . Four prints of Survey of Property prepared by Peconic Surveyors, P. C. revised Feb. 21, 2012 S . My client ' s check payable to Town of Southold in the amount of $250 . 00 for the filing fee • r Southold Town Planning Board -2- February 24, 2012 If all is in order, kindly place this matter on the next available Planning Board agenda and notify me of the date and time. If you have any questions, do not hesitate to call. Very truly yours, �eichard F. Lark RFL/bd Enclosures w w ' cenhrlrte _ MAIN ROAD W. Y.S. Rte. 251 !01.30' 45.65' o Q cMAP DETERMINING 03 � L DCA TION OF ZONING DISTRICT LINE 1000 - 62 m AT SOUTHOLD TOWN OF SOUTHOLD 142.59 2 SUFFOLK COUNTY, N. Y. 03 1000 - 62 - 03 - 12 000 - 62 - 9 Scale' i' < 50' 10 NG D,SrR�GT z0 Aprll 29, 2011 m � N m D Z0h�6 oisn r Lic n ............ cr 400 c° F o r 'w . •� < G 01 �3 ZONA g2 . 03 " 10p0 N � .Y.S. LIC. AW (63/1 765-5020 ORS x(63/) 765 P.O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 j r� Lm I 4w .16 I 1 y t 1 i � Jw w• I ME PLAN STATUS REPORT SITE PLAN TYPE: AMENDED � ` NEW Q WITHDRAWN INCOMPLETE PROJECT NAME: VII�t "j)�L �( Imo\ ZONEI:�ZONE2: ZONE3: LOCATION: HAMLET: < � 9 SCTM# 1000 --Q�- OWNERNAME: U TEL#(_)= APPLICANT NAME: <161 nw , TEL#U= AGENT NAME: L TEL#L—)_- PROJECT DESCRIPTION: EXISTING USE: Q(eA PROPOSED USE: Y " 6 eI( ow QATf BUILDING DEPARTMENT NOTICE:S/P REQUIRED Y OR N ZBA APPEAL REQUIRED Y OR N PRE-SUBMISSION CONFERENCE(WITHIN 30 DAYS OF WRITTEN REQUEST) NOTES: INFORMAL REQUEST FOR REVISIONS: APPLICATION RECEIVED DATE: / /1a APPLICATION PROCESS DATE: PAYMENT RECEIVED: AMOUNT RECEIVED:$ NEW SP:$500JACRE&.10/SF, AMENDED SP:$250.+.10/SF, AGRIC SP:FLAT$500 FEE AMOUNT:($ .00 X =$ $.10 X SF=$ )=$ NEW APPLICATION WORK SESSION(WITHIN 10 DAYS OF RECEIPT),PB ACCEPTED Y OR N APPLICANT ADVISED OF NECESSARY REVISIONS (WMIIN 30 DAYS OF REVIEW) BUILDING DEPARTMENT MEEETING 100-254B3(WITHIN 30 DAYS) NOTES: REVISED SUBMISSION RECEIVED: NOTES: REFERRED AGENCIES:(WITH MAPS--W/P) —/—/— STZBA_STBD.STC/JB.JH.STBT.SM-SCDHS__,NYSDEC.USACORPS-NYSDOT-SCWA-SCPD-SCDPW_,LWRP_ RESPONSES NOTES LEAD AGENCY: ToePB<_onmL_REVMW:PART -PAW I-PART3-WORT RAF_,LONG NOTES: ACTION TYPE:COORDINATED:— UNCOORDINATED:— (TYPE1:—TYPE2:_UNLISTED:__j REFERRED TO:STZBA_.STBD_,STC/fB_JHSTBT_,STE_,SCDKS_WSDEC_,USACORPS-NYSDOT_,SCWA-SCPD_,SCDPW_ SEQRA DETERMINATION:NEG DEC Y OR N, APPROVALS REQUIRED: REFERRED DATE NOTES APPROVAL DATE NOTES ARCHITECTURAL REVIEW COMMITTEE: —/—/— LWRP COORDINATOR ) BUILDING DEPARTMENT CERTIFICATION: /� 777474A FIRE COMMISSIONERS: / / —/—/— TOWN ENGINEER APPROVAL: / / —/—/— DEROF TRANSPORTATION:DOT_,DPW_, TOS— —/—/— SUFFOLK COUNTY DEPARTMENT OF PLANNING: l l —/—/— SUFFOLK COUNTY DEPT OF HEALTH:PERMIT M OPTIONAL APPROVALS: ZONING BOARD OF APPEALS:APPEAL#: -/-/- BOARD OF TRUSTEE'S: NYS DEC WETLANDS/TIDAL/SPOES PLANNING BOARD DECISIONS: CONDITIONAL FINAL:-/-/ DENIED: APPROVED: FINAL: NOTES ENDORSEMENT OF SITE PLAN: -/-/- FIELD INSPECTION FOR C/O: -/-/- DISTRIBUTE APPROVED SITE PLANS TO: BUILDING DEPT / / TOWN ENG GENERAL NOTES: 10/412005 Souad Planning Department Sta&eport Site Plan Application Work Session Date November 28, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Mullen Realty, LP II. Action Review all staff comments and schedule for a determination. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District, Cottage Place, Southold. 111: Analysis With reference to the letter sent October 12, 2012: 1. Please clarify the language pertaining to the landscaped buffer area between the subject parcel and the adjacent parcel to the south. a. On the site plan, clearly include "10' wide perpetual landscaped buffer comprised of a double-row of evergreens". b. The inclusion of the double-row of evergreens is specifically pursuant to §280-94(C) of the Town Code. Submitted: this requirement has now been included on the site plan. V: Staff Recommendations 1. All site plan requirements listed in §280-133 of the Town Code have been met. Schedule the above referenced amended site plan application for determination at the Planning Board's December 17, 2012 public meeting. 1 Southed Planning Department StafReport Site Plan Application Work Session Date June 29, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Mullen Realty, LP II. Action Review all staff and agency comments and schedule for a determination. This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District, Cottage Place, Southold. III: Analysis 1. June 4, 2012 Public Hearing a. Concerns raised by adjacent property owner i. Requests a 25' wide buffer be required in between parcels. (The adjacent parcel to the south is a split-zone parcel; the zone next immediately next to the subject site planned parcel is zoned HB and then R-40 farther south) ii. Intentions for future use. Neighbor stated that parking would be only a temporary use and is concerned of what the future use may be. iii. Drainage: run-off has historically been an issue at this point on Cottage Place and urges the Board to find a solution to the storm- water run-off that collects in front of the neighbor's house. iv. Requests that "no cars for service" and/or "no parking during business hours" signs be placed along the residential area of Cottage Place so that all business-related traffic and parking is contained elsewhere. 2. Existing conditions: a. The subject parcel is adjacent to a split zone B / R-40 zoned parcel to the south. The subject parcel and the immediate zoning to the south are both B zones and therefore do not require a transition buffer zone. b. A double-row of evergreens currently exists on site: 2 %"- 3" caliper @ 10' in height, no distance on center has been provided. i. Pursuant to §280-94(C) the planted double row is a sufficient landscaping provision. 3. Town Engineer: a. The Stone Blend Parking area should maintain a 4' wide landscape buffer at all property lines pursuant to §280-95 B. (A landscaped area shall be provided along the perimeter of any parking area except that portion of the 1 • 0 parking area which provides access to a street or parking facility on an adjacent lot. Accessways to adjacent lots shall not exceed 24 feet in width and shall not exceed two in number for each purpose. The landscaped area shall have a minimum dimension of four feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two- inch caliper for every 40 feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewalk, the required landscaped area shall be extended to the edge of the sidewalk) b. Drainage designs have not been provided for containment of stormwater runoff as required by Chapter 236. Gravel parking areas shall use a 0.60 Run-off Coefficient and drainage design calculations for containment of a 2" rainfall is required. 4. Southold Fire District: a. Board of Commissioners have reviewed the site plan application and found that there is adequate fire protection for this property. b. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. 5. Fire Marshall: a. No objections or reservations to this site plan as long as proper widths are followed for emergency vehicle access. 6. LWRP a. The LWRP reviews actions to natural protective features and public benefit so my only comment would be that the action meets Chapter 236. However, I have included some additional comments below. b. Clarify the width of the buffer. The plat shows the proposed width as 7 feet. c. It is recommended that the landscaped buffer be labeled "X foot wide perpetual landscaped buffer" on the plat. d. It is recommended that the Planning Board require a covenant and restriction that establishes the buffer and requires the replacement of expired trees within a certain timeframe. V: Staff Recommendations 1. Require the applicant to provide drainage calculations for the subject parking area and revise the site plan accordingly. 2. In response to concerns raised at the public hearing, consider the inclusion of a larger transition buffer area between the subject parcel and the neighbors parcel immediately to the south. a. It is recommended that the existing landscaping layout be accepted as sufficient as long as the applicant includes on the site plan the width of landscaped area and the clear depiction of the double-row with minimum height and on center distances. 2 Southold Planning Department Stafteport Site Plan Application Work Session — Completeness Date April 4, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Mullen Realty, LP Applicant: Richard & Charlotte Mullen Date of Submission: March 19, 2012 Tax Map Number: 62.-3-11 Project Location: 40 Cottage Place Hamlet: Southold Zoning District: General Business (B) II. Description of Project Type of Site Plan: Commercial Acreage of Project Site: 7,294s.f. Building Size N/A III: Completeness Review See attached checklist for Site Plan Requirements. IV: Analysis This amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 s.f. parcel in the General Business (B) Zoning District, Cottage Place, Southold. 1. Existing: a. 7,294s.f. of blended stone pavement b. 31 Arborvitae; 2 %"-3" Caliper @ 10' high c. Line of bushes along Cottage place d. 6' high stockade fence surrounding parcel 2. Proposed a. 7,294s.f. parking area (approx. 14 stalls) b. 10 Arborvitae; 2 '/2% 3" Caliper @ 10' high to fill in existing gaps c. 15% landscape coverage I 0 a V: Staff Recommendations 1. It's recommended the Board find this application complete with revisions to be made immediately; consider the requirement of the following omissions before the full review and referral process begins: 2. Multiple omissions from the provided site plan/survey are apparent including: a. Parking layout and dimensions b. Grading and drainage, including contours and flow directions. i. If parcel topography is considered "flat", the applicant should provide spot elevations to provide proof so that storm water runoff is not being discharged onto Cottage Place or the adjacent parcels. ii. "Blended Stone" is not considered a pervious surface and should be accounted for. c. Lighting (if any) d. Signage (if any) 3. Even though this amended site plan is basic in nature, consider the requirement of the above omissions on the provided site plan. A residence once existed on this parcel and has been replaced by this parking lot; drainage should be taken into consideration. 2 Souteld Planning Department Checklist for Site Plan Application Completeness - Section 280-133 Project Name: Mullen Realty, LP Completed by: Brian Cummings Date: April 5, 2012 Received Comment A. Submission of a complete site plan application shall consist of: (1) A completed site plan application form. I (2) The site plan review fee, as specified in Subsection B below. Editor's Note: See now § 280-138, Fee schedule for �l site plan applications. (3) A completed environmental assessment form. (4) Nine copies of the site plan. Not Submitted (5) Four copies of a property survey, certified by a licensed land surveyor. B. Standards. Site plan design shall include the following items: (1) Technical data: (a) The lot, block and section number of the property, taken from the latest tax records. 1 (b) The name and address of the landowner on record: [1] The names and addresses of adjoining landowners. [2] The name and address of the applicant, if not the same as the landowner. (c) The name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. (d) Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of reading. (e) A survey prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. (f) The locations, names and widths of all rights-of-way within 500 feet of property lines. If none exist within 500 Not feet of the subject property, indicate the distance to the Submitted nearest intersection with a public street. (g) A separate key map showing location and owners of all adjoining lands within 500 feet, as shown on the latest Not tax records, at a scale of one inch equals 100 feet. Submitted (h) The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas �l dedicated to public use within or adjoining the property. (i) A complete outline of other existing easements, deed 1 1 Checklist for Site Plan Application Completeness Soutpld Planning Department• restrictions or covenants applying to the property. Q) Existing zoning, including zone lines and dimensions. Not Submitted (k) Site plans drawn at the scale of one inch equals 20 feet. If all required information cannot be shown clearly on one plan, the information should be separated as �l follows: [1] Alignment and schedule plan. [2] Grading and drainage. [3] Landscaping. [4] Other, e.g., site utilities. (2) Natural features: Received Comment (a) Existing contours with intervals of two feet or less, referred to mean sea level as per United States Not Geological Survey datum. Submitted (b) Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wetlands N/A and intermittent streams, perimeter boundaries of shoreline bluffs, dunes and beaches. (c) The location of existing natural features, including but not limited to natural drainage swales, watercourses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, N/A ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitats, flood hazard areas, erosion-prone areas and trees of six inches in diameter at a point three feet above the trunk base. (d) The location of any existing cultural and historical Not features within 500 feet of the property boundaries. Submitted (3) Existing building structures and utilities: (a) The locations, dimensions and outlines of all buildings, as defined in § 280-4 of this chapter, and all uses of the N/A site. (b) Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets. �I (c) The locations, dimensions, grades and flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and Not aboveground utility poles and utility lines within and Submitted adjacent to the property. (d) The location and use of all buildings and structures, Not including curbcuts, within 200 feet of the boundary of the Submitted subject property. 2 Checklist for Site Plan Application Completeness South3ld Planning Department• (4) Proposed construction: Received Comment (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and N/A horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, No dimensions or such as off-street parking and loading areas and pedestrian layout design circulation. (c) The location, direction, power level and time of use for any Not proposed outdoor lighting or public address systems. Submitted (d) The location and plans for any outdoor signs must be in Not accordance with applicable sign regulations. Submitted (e) The location and details of aprons, curbs, sidewalks, fencing (type and location), and grading, including existing and proposed topography with two-foot contours (on site and 200 Not feet beyond the property line) and spot elevations for Submitted buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable. (f) Grading and drainage plans shall be based upon site Not stormwater retention, in conformance with Chapter 161, Submitted Highway Specifications. (g) The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and location. (h) The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire wells and fire hydrants and/or any alternate means of water supply and sewage disposal and treatment. (i) Building elevations for all facades and floor plans showing the proposed use of floor area. N/A Notes: N/A=Not Applicable Site Plan Application elements waivers: § 280-133 C. Notwithstanding the foregoing,the Planning Board shall have the discretion to waive any or all of the requirements of this § 280-133 by resolution at a duly noticed public meeting, for those applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), if it determines such requirements are not necessary to protect and maintain the public health, safety, or welfare and to further the objectives set forth in § 280-129. 3 Checklist for Site Plan Application Completeness SOUTHOLD PLANNING BOARD eMEImED SITE PLAN APPLICATION FORM Site Plan Name and Location Amended Site Plan Site Plan Name: Mullen Realty LP Application Date: 2 / 24 / 12 Suffolk County Tax Map#1000- 62 _ 3 _ 11 Other SCTM#s 1000 62 - 3 - 12 40 Cottage Place Street Address: 120 Cottage Place Hamlet: Southold Distance to nearest intersection: southeast corner of Cottage Place & Main Road (N.Y.S. Rte. 25) Type of Site Plan: _New X Amended Residential Zoning District General Business (B) District Owners/Anent Contact Information Please list name, mailing address, and hone number or the people below: Mullen Realty LP (SCTM 111000-62-3-11) Property Owner Richard F. Mullen,& Charlotte M. Mullen (SCTM #I)DO-62-3-12) Jr. Street 1775 Mill Creek Drive - P.O. Box 1408 City Southold State New York Zip 11971 Home Telephone (631) 765-2970 Other (631) 765-3564 Mullen Realty LP Applicant Richard F. Mullen,& Charlotte M. Mullen VwA ' 9 r. Street 1775 Mill Creek Drive - P.O. Box 1408 City Southold State New York Zip 11971 Home Telephone (631) 765-2970 Other (631) 765-3564 Applicant's Agent or Representative: Contact Person(s)* Richard F. Lark, Esq. Street 28785 Main Road - P.O. Box 973 City Cutchar;ue State New York Zip 11935 Office Telephone (631) 734-6807 Other N/A *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Site Plan Application Form 211812010 Site Data Proposed construction type: NIP—New Modification of Existing Structure _Agricultural Change of use Property total acreage or square footage: 7,294 ac./sq. ft. Site Plan build-out acreage or square footage: N/A ac./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes_No X If yes, explain: N/A Does the parcel(s) meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? Y X N_ If"yes", explain(and attach any necessary documentation-title report, subdivision approval, etc.) Deed dated March 9, 1946 (Liber 2540 Page 65) , Deed dated November 5, 2010 (Liber 12643 Page 561) , copies of which are attached hereto. Building Department Notice of Disapproval Date: - / - / - N/A Is an application to the Southold Town Zoning Board of Appeals required? Yes No x If yes, have you submitted an application to the ZBA? Yes No_ N/A If yes, attach a copy of the application packet. N/A Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: parking area for employees and overflow customer parking List all proposed property uses: same Other accessory uses: None Existing lot coverage: N/A % Proposed lot coverage: N/A % Gross floor area of existing structure(s): N/A sq. ft. Gross floor area of proposed structure(s): N/A Parking Space Data: #of existing spaces: 14 #of proposed spaces: 14 Loading Berth: Yes No x Landscaping Details: Existing landscape coverage: 15 % Proposed landscape coverage: 15 Wetlands: Is this property within 500' of a wetland area? Yes No x Maybe_ I, the undersigned, cert"Mulle al n is true. 3 11 9I1� Signature ofPreparer: Date: -2414 - By: Richard n ral PaXtner 2 Site P n plication Form 2/! 2 0 3/1 01,0 ate• --_-'-� j 01 , 1, Ula • Hate: Ri hard F. Mullen, Jr. Cafi rlotte Int. Mullen APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK RICHARD F. MULLEN, JR. being duly sworn, deposes and says that he resides at 1775 Mill Creek Drive, Southold, in the State of New York, that he is the General Partner ofthe Limited Partnership (Title) (Specify whether Partnership or Corp.) known as Mullen Realty LP, the owner of property at 40 Cottage Place, Southold, New York which is hereby making application; that there are not existing structures or improvements on the land which are not shown on the Site Plan;that the title to the entire parcel, including all rights- of-way, has been clearly established and is shown on said Plan;that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads;that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. Signed ` Owner Signed — I � ' (Partner or Corporate Office and Title) Richard F. Mullen, Jr. General Partner Sworn to me this l9-V\ day of 2012 1. ,, Notary Public UFMWDAQM N01 PubAc D-O dOPWAW anynImkn fthwoa at.aee as y 0 • APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK RICHARD F. MULLEN, JR. being duly sworn, deposes and says that he resides at 1775 Mill Creek Drive, Southold, at 120 Cottage Place, Southold, New York in the State of New York, and that heis,he°ownerof the uls$u9s property,/osxhaDisd$9e N/A of the N/A (Title) (Specify whether Partnership or Corp.) which is hereby making application; that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights- of-way, has been clearly established and is shown on said Plan;that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads;that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same;that the plans submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. Signed O ner Richard F. Mullen, Jr Signed (Partner or Corporate Officer and Title) Sworn to me this � h / day of ��— 2012 I.!, Notary Public nw,�B FOMWAM PUW.q Yak N901 190.81 * O9119Msskm EtmYse OC1.91 1N 9 0 APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK CHARLOTTE M. MULLEN being duly sworn, deposes and says thatshe resides at 1775 Mill Creek Drive, Southold, at 120 Cottage Place Southold, New York in the State of New York, and thatshe 1 the ownetsof thembum property4Vftski764Ft N/A of the N/A (Title) (Specify whether Partnership or Corp.) which is hereby making application; that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights- of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads;that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. Signed 6�Zay a &Let Ownrer Chao M. Mullen Signed (Partner or Corporate Officer and Title) Sworn to me this rw ' a4tk day of -F ru ry 2012 (-2 ��� Notary Public BARBARAMADW Notary PtM' WrdtMrYak N0070a695190-&Ablc Commt-s;io.,E:�„wypd 9l, dlN MULLEN REALTY LP 1775 Mill Creek Drive P.O. Box 1408 Southold, NY 11971 I, RICHARD F. MULLEN, JR. , General Partner of Mullen Realty LP, owner of the property identified as SCTM #1000-062 . 00-03 . 00- 011. 000 in Southold, New York, hereby authorize Richard F. Lark, Esq. and Mary Lou Folts, Esq. to act as my agent and handle all necessary work involved in the amended site plan process with the Southold Planning Board. MULLEN REALTY LP Y Richard F. Mullen, J Sworn to before me this 24th day of -FebT-mrrr, 2012 /qN mni Notary Public RAWWWOM N* Mk9WdNWV0* N001%�easI9o-suftcoub� y �� ft NI RICHARD F. MULLEN, JR. CHARLOTTE M. MULLEN 1775 Mill Creek Drive P.O. Box 1908 Southold, NY 11971 We, RICHARD F. MULLEN, JR. and CHARLOTTE M. MULLEN, owners of the property identified as SCTM #1000-062 . 00-03 . 00-012 . 000 in Southold, New York, hereby authorize Richard F. Lark, Esq. and Mary Lou Folts, Esq. to act as my agent and handle all necessary work involved in the amended site plan process with the Southold Planning Board. igichard F. Mullen, Jr. arlotte 'K. PTui7len Sworn to before me this /4th day of m�y , 2012 adm" Notary Public Nwyolk so 01 190•&pbl 0MV y Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Mullen Realty LP Last,First,middle initial unless you are applying in the name ofsomeone else or other entity,such as a company. Ifso, indicate the other person's or company's name. Nature of Application: (Check all that apply) Amended Subdivision or Re-subdivision Site Plan x NAfl 19 2012 Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have d relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has 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 of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the 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 souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate 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: 9 rrh Submitted this ay oti_2012 Signature Print Name Richard F. Mullen, Jr. , General Partner Disclosure Form 0 0 Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Mullen, Richard F. Jr. Last,First,middle initial unless you are applying in the name of someone else or other emity,such as a company. IJso, indicate the other person's or company's name. Nature of Application: (Check all that apply) 1 9 201 Subdivision or Re-subdivision ASite Plan x MAS Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has 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 of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the 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 souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate 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: H-W MBr l Submitted this2day og4e1012 Signature Print Nam"F. Mullen, Disclosure Form Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Mullen, Charlotte M. Last,First,middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. If,q indicate the other person's or company's name. MA fl 9U�2 Nature of Application: (Check all that apply) Amended Subdivision or Re-subdivision Site Plan X Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YesNo X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the 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 souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate 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: Submitted this 24tNay of=012 Signature Print Name Charlotte M. Mullen Disclosure Form Southold Planninll Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Lark, Richard F. Last,First,middle initial unless you are applying in the name ofsomeone else or other entity,such as a company. Ifso, indicate the other person's or company's name. Nature of Application: (Check all that apply) ZQ�2 Amended Subdivision or Re-subdivision Site Plan X Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has 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 of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the 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 souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate 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: Submitted this 24 thday of Feb.2012 Signature Print Name Richard F. Lark Disclosure Form 0 9 Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Folts, Mary Lou Last,First,middle initial unless you are applying in the name ofsomeone else or other entity,such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision or Re-subdivision Amended MAR 1 9 2012Site Plan X Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has 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 of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the 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 souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate 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: Submitted this24th day ofFeb 20 12 Signature �( Print Name Mary Lou Folts Disclosure Form 216 L T.11-44-10M—W> Deed With Full Covenants--Individual or Corporation.•DEED 254 0 PAGE `�C✓ U. S. I. R. S. I a THIS INDENTURE, made the 9th n March, nineteen hundred and forty-six NETWEEN VICTOR G. HEhR and LOUISE M. HERR, his wife, residing at Southold, L. I. , New York, t y ies part/ of the first part, and FRANK AKSTEN and MAGDALENA AKSTEN, his wife, residing , at Southold, L. I. , New York, ..:.... ... ies part of the second part, i WITNESSETH, that the party of the first part, in consideration of $1.00 ONE — — — — — — — — Dollars, lawful money of the United States, and other good and valuable consideration paid by the part ofggsthe second part, do hereby grant and release unto the parj of the second part, their heirs and assigns forever, ALL that certain lot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk, State of New York, bounded and described as fol- lows, to wit: BEGINNING at a point on the Westerly side of Cottage Place 97.70 feet south of Main Road, and from said point of beginning running along the Westerly side of Cottage Place, South 14 degrees 43 minutes East 67.14 feet to land of Fred Hawkins; thence running North 87 degrees 54 minutes 20 seconds East along land of said Fred Haw- kins 145.91 feet to land of Robert Swezey; thence runn- ing along land of said Swezey North 15 degrees 03 minutes 20 seconds West 35.26 feet to a point and land of Caroline L. Korn; thence running along said land of Korn North 75 degrees 17 minutes East 142.59 feet to the point or place of beginning. SUBJECT to any state of facts an accurate survey may show. SUBJECT to covenants and restrictions of record, if any. �u�jeG / To �)oN/7's' 7v moNa'1 T¢�TRA'c��, J 002540 0 66 TOGETHER with the appurtenances and all the estate and rights of the parVf of the fust part in and to said premises, ies TO HAVE AND TO HOLD the premises herein granted until the partt of the second per, their heirs and assigns forever, AND the part/ tne first part, in compliance with Section 13 of the Lien Law, hereby covenants that the pa o` stire first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for hapysotblr_purpose. AND said VICTOR G. HERR & LOUISE M. HEHR, /covenant as follows: Fnter.—That said VICTOR G. HERR & LOUISE M. HERR, are seized of the said premises in fee simple, and ha V e good right to convey the same; SacoND.—That the partf o7sthe second part shall quietly enjoy the said premises; Tnum. That the said premises are free from incumbrances; Foul ra.—That the pw:�helgthe first part will execute or procure any further necessary assurance of the title to said premises; Ftrra,That said VICTOR G. HEHR and LOUISE M. REHR, his wife will forever warrant the title to the said premises. IN WITNESS WHEREOF, the part�offihe first part ha Ve duly executed this deed. In presence of: STATE OF NEW YORK, COUNTY OF SUFFOLK as.: On this 9th day of March, in the year one thousand nine hundred and forty—six before we personally came VICTOR G. HERR and LOUISE M. HERR, his e to me known to be the individual g d 'bed in wbeq ted the foregoing instrument, and duly acknowledged that they execuWsamel, EDWARD to FRENIERE, osry Public r Qmra Co.CIks.No. 3940, R900.309.1:7 STATE OF NEW YORK, COUNTY OF eommbWoa EOds March 30, 194) Certificate filed in Suffolk Count On this day of , in the year one thousand nine hundred and , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and duly acknowledged that he executed the same. R Pt E D MAR 9-0 1946 R. IcyA M. RD 11UGHES t�l.r:l<of SufSatk Cauni7r STATE OF NEW A COUNTY OF on this day of in the year one thousand nine hundred and , before me personally came , subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. , that he ]mows the individual described in and who executed the foregoing instrument; that he was present and saw execute and deliver the same, and that he, said witness, thereupon at the same time subscribed h name as witness thereto. STATE OF NEW YORK, COUNTY OF ss.: On this day of in the year one thousand nine hundred and , before me personally came to me known, who, being by me duly sworn,did depose and say that he resides at No. that - he is the of the corporation described in, and which executed, the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed h name thereto by like order. € z z: t o r g ui W � :. O v �^f o A A z " a C w3 ,, a ZZ � U aco o j4L1 � � aT U �' a- et N U �C m E a a >,.9 �, a ly a In Pa o f j,u-: 19 -lei rM4 < N Ac' Sk p u a Q �, .� C"' O 'U �} x ' � � 3 8 mor � Go 0 y via A � } ; a a0 a uo °= z � �+ 3�j a 1: 4 Z j j Zook <� Z= F fm °�3 5 0 po - -V C. N o r'� oa 5 Cr.) li i N N_ L rr I IIIIIII IIII(IIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII(IIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 11/18/2010 Number of Pages: 3 At: 02:42:30 PM Receipt Number : 10-0134862 TRANSFER TAR NUMBER: 10-08327 LIBER: D00012643 PAGE: 561 District: Section: Block: Lot: 1000 062 .00 03.00 012 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $155,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0 .00 NO Cert.Copies $5.00 NO RPT $30.00 NO Transfer tax $620.00 NO Comm.Pro* $100.00 NO Fees Paid $945.00 TRANSFER TAX NUMBER: 10-08327 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 2 • Number of pages RECORDED 2010 Nov 13 02:42:30 PM JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK. COUNT',' record. Please remove all L D00012643 561 Social Security Numbers P DT# lO-08OR.27 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 00 2. Additional Tax _ TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. _ EA-5217 (State) TOT. MTG.TAX Dual Town_Dual County _ R.P.T.S.A. Held for Appom nt�e t Comm. of Ed. 5• 00 Transfer Tax Affidavit • • Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other ^ Grand Total �'� If see appropriate tax clause on � pagege# of this intsttum t. 4 D 10025457 1000 06200 '0300 012000 012.000 5 community Preservation Fund Real P RT Sq Consideration Arnount $ 155P000-00 Tax Se LPA 18�toV-t Ager. CPF Tax Due $ 100.00 Verific, Improved X 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: Vacant Land TD 10 LARK & FOLTS ESQS PO BOX 973 TD CUTCHOGUE NY 11935 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name Chicago Title Insurance Company www.sutfolkeountyny.gov/clerk Tide# 3810-00495 8 Suffolk Cqj t ty Recording & Endorsement Page This page forms part of the attached Deed made by: (SPECIFY TYPE OF INSTRUMENT) JULIA L. COOPER The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold RICHARD F. MULLEN, JR. and In the VILLAGE CHARLOTTE M. MULLEN or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Page 1 of 3 (over) �r_ Efts c 1Dcn- Na - T, 6 • Pam SOOT—Bvpm nd Sob Deed, Awtapi rtG�7Aca—hdiv"WCmpatdm( wiw) CONSULT YOUR LAWYER BEFORE SIGNING THIS IBSTRUKENT-THIS IBSTR@NNT SHOULD BE USED BY LAWYERS ONLY. N.Y.S. Real Estate Transfer Tax $620.00 THIS INDENTURE,meds the 5th day of November in the year 2010 BETWEEN JULIA L. COOPER, residing at 72 Josica Drive, Riverhead, New York 11901 party ofthefirst part,and RICHARD F. MULLEN, JR. and CHARLOTTE M. MULLEN, his wife, residing at 1775 Mill Creek Drive, Southold, New York 11971 party of the second part, WITNESSETH,that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Cottage Place 97 .70 feet south of Main Road and from said point of beginning; running along the westerly side of Cottage Place South 14° 43 ' East 67 . 14 feet to land now or formerly of Hasbrouck; thence South 87° 54 ' 20" West along said land now or formerly of Hasbrouck 145. 91 feet to land of Mullen Realty LP; running thence along said land of Mullen Realty LP the following two courses and distances: (1) North 150 03' 20" West 35. 26 feet to a point; (2) North 75° 17 ' East 142 . 59 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to Julia L. Cooper, as specific devisee under the Last Will and Testament of Joseph P. Aksten, deceased, having died 6/20/2010 (Probate No. 2010-2410) and by deed dated September 30, 2010 and recorded in the Suffolk County Clerk' s Office on October 5, 2010 in Liber 12639 Page 462. TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads Shutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said promises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said promises have been ancumbered in any way whatever,except as aforesaid AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust flmd to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the some for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Julia L.` Coope Page 2 of 3 ' ACKNOWLEDGEMENT TAKEN IN NAL STATE • State of New York County of Suffolk as: On the 5th day of November,in the year 2010, before me the undersigned, personally appeared JULIA L COOPER personally known to me or proved to me on the basis of satisfactory evidence, to be the individual(&)whose name(&) is (are) subscribed to the within Instrument and acknowledged to me that(be) (she) (fpsy)executed the same in (his) (her) (Meir) capacity(ies), and that by(his) (her) (their) signature(s) on the instrument, the indivtdual(s) or the person upon behalf of which the individual(a) acted, executed the instrument. Notary Pu M MLOU tOL1S NaYylith ,&deaft1awYlok No M FF0Ot100016s•9rdak ACKNOWLEDGEMENT TAKEN IN NEWYORK STATE CambftEOwAfar. Sl _II State of County of as: On the day of in the year 20 before me the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence, to be the individuals)whose names) is (are) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) capacty(es), and that by (his) (her) (their) signature(s)on the instrument,the Individual(s)or the person upon behalf of which the individual(s)acted,executed the instrument. ACKNOWLEDGEMENT BY SUBSCRIBING WITNESS TAKEN IN NEW YORK STATE State of County of ,as: On the day of in the year 20 before me the undersigned,personalty appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who being by me duly swam, did depose and say,that(he) (she) (they) reside(s) in ;that(he) (she) (they) know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed(his)(her)(their)names)as a witness thereto. ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK 3TATE State of County of ,as: (or insert District of Columbia,Territory, Possession or Foreign Country) On the day of in the year 20 before me the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence,to be the Individual(s)whose names)is(are)subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the some in (his) Char) (their) capacypes), and that by (his) (her) (their) signature(s)on the instrument,the individual(s)or the person upon behalf of which the Individual(s)acted,executed the instrument. BARGAIN AND SALE DEED RETURN BY MAIL TO Title No. LARK & FOLTS ESQS JULIA L. COOPER PO BOX 973 CUTCHOGUE NY 11935 To RICHARD F. MULLEN, JR. and CHARLOTTE M. MULLEN Section: Block: Lot: County or Town: Distributed By Chicago Title Insurance Company Page 3 of 3 y . • Town of SoutholdAA 9 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A imposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- surmorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 62 - 3 - 11 and SCT14# 1000 - 62 - 3 - 12 PROJECT NAME Amended Site Plan Mullen Realty LP The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑x construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: parking area for employees and overflow customer parking . r Location of action: 40 Cottage Place & 120 Cottage Place, Southold, New York Site acreage: 7,294 sq. ft. Present land use: parking area Present zoning classification: General Business B 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Mullen Realty LP (a) Name of applicant: Richard F. Mullen, Jr. & Charlotte M. Mullen (b) Mailing address: P.O. Box 1408, Southold, NY 11971 (c) Telephone number: Area Code( ) 631-765-3564 (d) Application number, if any: None Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No x❑ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No ©Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No❑% Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑% Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No ❑% Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes D. No Q Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑X Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑X Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No [j] Not Applicable MUL N REALTY LP 3J/9I�3 PREPARED B TITLE General Partner DATE —� isF. Mullen, / ../�- � �/ 3/w/jz Amended on 8/1/05 Date 3 �'/� u j�LQpp�,,,, Date Richard F. Mu en, r. CCharlotte M. Mullen 61.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: N Part 1 ❑ Part 2 ❑ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration-will-be prepared. •A Conditioned Negative Declaration is only valid for Unlisted Actions Amended Site Plan Mullen Realty LP W� t Name of Action` Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from responsible officer) Date PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Amended Site Plan MullenalmLPR Location c Action inc u e Street e i y ano Counfyl0 Cottage Place and 120 Cottage Place, Southold, Town of Southold, Suffolk Co. NY SCTM #1000-62-3-11 and12 Name oApplicant/Sponsor usineas a ep one Mullen RealtyLP Richard F. Mullen Jr. & Charlotte M. 1637 765-3564 Ad 3 rasa Mullen 1775 Mill Creek Drive — P.O. Box 1408 City/PO a to zip o e Southold New York 11971 Name of Owner(iteren usiness I a ep one N/A I I -- Address ty State Zip e e escrip ion of Action parking area Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑ Industrial 91 Commercial ❑ Residential(suburban) ❑ Rural(non-farm) ❑ Forest ❑ Agriculture ❑ Other 2. Total acreage of project area: 7,294 mem. sq. ft. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland(Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (indicate type) vacant 7,294 sq'�gte•'t 7,294 sq. ft. 3. What is predominant soil type(s) on project site? N/A a. Soil drainage: ffi Well drained 100 % of site ❑ Moderately well drained % of site ❑ Poorly drained_% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N/A acres (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes 10 No a. What is depth to bedrock? -- lin feet) S. Approximate percentage of proposed project site with slopes: M 0-10% 0 % ❑ 10-15% % ❑ 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes E) No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes Ip No 8. What is the depth of the water table? N/A (in feet) Public water 9. Is site located over a primary, principal, or sole source aquifer? ❑ Yes ® No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes %1 No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes M No According to -- Identify each species -- 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations) ❑ Yes IN No Describe -- 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes IN No If yes, explain -- 14. Does the present site include scenic views known to be important to the community? ❑ Yes IN No 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary -- 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name None b. Size (In acres) -- 17. Is the site served by existing public utilities? M Yes ❑ No a) If Yes, does sufficient capacity exist to allow connection? ❑ Yes 0 No N/A b) If Yes, will improvements be necessary to allow connection? ❑ Yes ❑ No N/A 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑ Yes 9 No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑ Yes 9 No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑ Yes [X No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 15,800jWjW sq. f t. s��gg YC b. Project acreage to be developed:7,294 sF&initially.7,294 s&Sfutt ltimately. 7 294 sq. , c. Project acreage to remain undeveloped d. Length of project, in miles: N/A (if appropriate). a. If the project is an expansion, indicate percent of expansion proposed 8.6 %. f. Number of off-street parking spaces existing 0 ; proposed—O g. Maximum vehicular trips generated per hour 2 (upon completion of project). w . • h. If residential, Number and type of housing units: One Family Two Family Multiple Family Condominium Initially N/A Ultimately N/A i. Dimensions (in feet) of largest proposed structure -- height; -- width; -- length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 67.14 ft. along Cottage Place 2. How much natural material(i.e., rock, earth, etc.)will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed? ❑ Yes ❑ No M N/A a. If yes, for what intended purpose is the site being reclaimed? -- b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No N/A c. Will upper subsoil be stockpiled for reclamation? O Yes 0 No N/A 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑ Yes M No 6. If single phase project: Anticipated period of construction 0 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year,(including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No N/A 8. Will blasting occur during construction? ❑ Yes ]1 No 9. Number of jobs generated: during construction? 0 ; after project is complete? 0 10. Number of jobs eliminated by this project? 0 11. Will project require relocation of any projects or facilities? ❑ Yes 11 No If yes, explain_ 12. Is surface liquid waste disposal involved? ❑ Yes M No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount -- b. Name of water body into which effluent will be discharged -- 13. Is subsurface liquid waste disposal involved? ❑ Yes Z No Type -- 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes Zt No Explain -- 15. Is project, or any portion of project, located in a 100 year flood plain? ❑ Yes 0 No 16. Will the project generate solid waste? ❑ Yes IIA No a. If yes, what is the amount per month? -- tons. b. If yes, will an existing solid waste facility be used? ❑ Yes ❑ No N/A c. If yes, give name -- ; location -- d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑ Yes ❑ No N/A e. If Yes, explain -- 17. Will the project involve the disposal of solid waste? ❑ Yes M No a. If yes, what is the anticipated rate of disposal? -- tons/month. b. If yes, what is the anticipated site life? -- years. 18. Will project use herbicides or pesticides? ❑ Yes ® No 19. Will project routinely produce odors (more than one hour per day)? 0 Yes IN No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes E No 21. Will project result in an increase in energy use? ❑ Yes EI No If yes, indicate type(s) -- 22. If water supply is from wells, indicate pumping capacity NIA gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? ❑ Yes A No If yes, explain -- 25. Approvals Required: Type Submittal Date City, Town, Village Board ❑ Yes IN No City, Town, Village Planning Board NI Yes ❑ No sysanof amended 2/24/12 City, Town Zoning Board ❑ Yes IR No City, County Health Department ❑ Yes IN No Other Local Agencies ❑ Yes IN No Other Regional Agencies ❑ Yes M No State Agencies ❑ Yes 9 No Federal Agencies ❑ Yes IN No C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? 11 Yes Q No If Yes, indicate decision required: A ❑ zoning amendment 13 zoning variance ❑ special use permit ❑ subdivision EI site paned ❑ new/revision of master plan ❑ resource management plan ❑ other 2. What is the zoning classification(s) of the site? General Business (B) District 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? General Business (B) District S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? %l Yes ❑ No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? General Business (B) District 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? EI Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? N/A 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ❑ Yes E No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑ Yes E No a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑ Yes M No a. If yes, is the existing road network adequate to handle the additional traffic? ❑ Yes ❑ No N/A • D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsora Mullen Realt L \ Date -207 � Signature / Title General Partner If the action Is n the Coastal Area en you are a st t agency, complete the Coastal Assessment Form before proceeding with thi s sement. 3 Iq�l 2 Date Richard F. Mullen, Sr. ( ?'�' Date )2 Charlotte M. Mullen MAILING ADDRESS: PLANNING BOARD MEMBERS ��r3f soyoP.O. Box 1179 DONALD J.WILCENSKI �O l0 Southold, NY 11971 Chair * OFFICE LOCATION: WILLIAM J.CREMERS N ie Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 JAMES H.RICH IIIly �n� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR C�Un l �� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: April 25, 2012 Re: Payments The site plan application referenced below has been accepted by the Planning Board and the funds may now be processed to the Revenue Account B2115.10. Applicant/Project Name A Tax Map Amount Check Date/No. Type # Mullen Realty LP Amended Site Plan 62-3-11 & 12 3/15/12-#4203 application fee $250 LR N MAIN RD. S.R. 25 SURVEY OF PROPERTY A T SO UTHOLD TO WN OF SO UTHOLD SUFFOLK COUNTY, N. Y. 1000-62-03-12 CL SCALE.- 1'--20' OCT. 26,2010 Feb. 9, 2012 Feb. 21, 2012 (rev/slons) May (0, 2012 Iparklag stalls) May l T, 2012 Gerkiensl SEPT. 14, 2012 Gevisionsl v v LP GRAVEL k ASPHALT 1�N REPLN 0 NIO�F MUT. GRA�`L & ASPHALT 1%5 N x STOCK�xF�x�xos _ 0 �x m GZi CERTIFIED T0: N75% x�x Richard F. Mullen,dr �)L Charlotte M. Mullen ,x FOR PARKING ONL P A V E M E N T ^ Mullen Really LP � Z X13 AREA TONE gym. NDE LE II 10 9 8 7 6 5 4 W 1 0 r,, '1 ._ e 0 0 , 10 w1oE r r/� T P£RPETUALLAI�SCAPED e g G g g e ° v v v L s 1a BUFFER _ _ p o, els." d�p�f CJ t ®t 1.e„ to N°i. C@gp Lp tf3 LJ d ��fQt31 iy dC �®t3 CLF 2012 145.91' FE ozH 58754,20,W N/O/F MARY LEE, EMERSON 0 Jr HASBROUCK 0=ARBORVITAE.0 P./!2=3' CAL#ER 70" Irghl ' 0-- PROPOSED ARBORWFAEI9 ,8 '1!P `+ " CALIPER /0'! hght. to All In the gaps L N. Y.S. LIC. NO. 49618 LANDSCAPED BUFFER = 20% ANY At7ERAnON OR ADD17701V TO THIS SURVEY IS A VIOLA, TION P. CONIC SU VEYORS, P.C. OF SECTION 72090E THE NEW YORK STATE EDUCA77ON LAW. 631 765-5020 FAX 631 765-1797 Ft. EXCEPT AS PER SECT70N 7209—SUBDIVISION 2. ALL CER77FICA 17ONS Area= 7,294 Sq. j�1 HEREON ARE VALID FOR THIS NAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 110-228 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 N MAIN RD. S.R. 25 SURVEY OF PROPERTY — AT SOUTHOLD TOWN OF SOUTHOLD to SUFFOLK COUNTY, N. Y. 1000-62-03-12 CL SCALE.- 1'=20' OCT. 26,2010 Feb. 9, 2012 Feb. 2l, 2012 Gev/doesl Mtly .O, 2012 ,per,c,ng stalls) Me) 17, E012 Gevis 61) v REA�SY LP GRAVEL k ASPHALT m N/p�F MV� ASL � ASPHALT '%::J5ix � CKADE Fixes ix ENO 19NA 1g Oo= CE x sT°x� x m CERTIFIED TO: w�x�x' Richard F. Mullen,Jr x� ® Charlotte M. Mullen x/x�x!x oNLY E N T s o Mullen Really LF Z . .g AR F OR PS RKI�GN E F A V E M n �3 EA T �E D— a �C __L END 7 F 5 4 3 2 I r p u, 12 11 10 9 S GOO CL 145.91' \ FE o.Z„ S87'5420'W \ MAY 2 4 2012 N/O/F MARY LEE, EMERSON C Jr HASBROUCK (Q =ARBORVITAE @ 2.if 2'3' CALA9ER 16'± hghl. 0-- ,PROPOSED ARBORWFAE:-9 CALIPER /0'2 hght. /o /1(f /n the gaps Y.S. LIC. NO. 49618 LANDSCAPED COVERAGE = 15% ANY AL7ERA77ON OR ADDI7101V TO THIS SURVEY IS A KOLA, 77ON CONK SlY Y S, P.C. OF SECTION 7209OF THE NEW YORK STATE EDUCA77ON LAW. (B3J) 7655-', 020{IFAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIF7CA710NS Area= 7,294 S q. P:Q, BOX 9t�.9 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELEP STREET 10_r�r�8 WHOSE SIGNA7JRE APPEARS HEREON. SOUTHOLD, N. Y. 11971 N MAIN RD. S.R. 25 SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-62-03-12 CL SCALE. 1'20' OCT. 26,2010 Feb. 9, 2012 - Feb. 2/, 2012 trevklond v v VL�N R�AL� LP GRAVEL k ASPHALT m N IO/F ASPNALt 142.5�x " S/x - VvAGE x E vs 1.9 N' CERTIFIED T0: N�SX��ix�x Richard F. MuHen,Jr CharlMEN T ® v MullenRealty MLPen TONe NE PAVE �+ rn 9 2012 Lit L E N D E p s ,, rd MAR 1 Z Lo B O T fc j % . . � �0 Q `-�-"' 0 2! c - d -'d 1.871 CLF Z A� E 145.91' \` FE 145.91' 587'54'20"W � r� 5 �N'T.MEp- OAF N/0/F MARY LEE, EMERSON C Jr HASBROUCK Q=ARBORVITAE 9 2,112--3- CALFER70" hgiht. 7fj7 �lAt'v 0= PROPOSED ARBORVITAE-6 27/29-4' CALIPER /O'! hghl. to fN In the goys "1( N. . . LIC. NO. 49618 LANDSCAPED COVERAGE = 15% ANY ALTERADON OR AD017ION TO THIS SURVEY IS A WOLA7701V 6tCONIC SU VEYORS, P.C. OF SECDON 72090E THE NEW YORK STATE EDUCADON LAW. (631)- 765-5020 FAX (631) 765-1797 Area= 7,294 Sq. F t. EXCEPT AS PER ID F OW HIS MAUBD D CO 2. ALL CER7EOF ONLY F P.O. BOX 909 HEREON ARE VALID FAR 774/5 MAP AND CAS/ES DiEREOF ONLY lF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 774E SURVEYOR 1230 TRAVELER STREET228 W40SE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y 11971 Flo— C!