Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
6941
a' I 5 I fA CHECK BOX AS OMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for pric =, n D O ( ) Assign next number on " 3Q. Q outside of file folder •`D N (. ) Date stamp entire origi ( c "'• file number ( ) Hole punch entire origin W � o - v (0 CO C (before sending to T.C.) � x 0 a N _0 ( ) Create new index card _ rn . .CD 0 o -a TyEK ( ') Print contact info &tap =` p m; z 2. n � D o. � -< CDImt m O Prepare transmittal to T 0 �,, w a o " CL ( ) Send original application o m to Town Clerk o m ( ) Cn Note inside fife folder w/ o and tape to inside of folds m ( ) Copy County Tax Map; hi, : Neighbors and AG lots CD I ( ) Make 7 copies and put wi ( ) Do mailing label U rn 0 41 r r I , G� I 1 4 r Alfred &Marie TerpAPR 2 0 ZO D 17 12213 Galesville Drive Gaithersburg, MD 20878 22 APR 2017 Zoning Board of Appeals Town of Southold Attn: Leslie Kanes Weisman, Per your correspondence dated 27 MAR 2017,this is a formal written request to withdraw the variance application,ZBA Appeal No. 6941,28095 Main Road,Cutchogue,SUM No. 1000-102-5-3,3&9.6 . Please let me know if any other information is required. R/ (�j yr---:�> Alfred J Terp Marie Terp BOARD MEMBERS ®F S (/l Southold Town Hall Leslie Kanes Weisman,Chairperson ��� yol 53095 Main Road• P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer A Town Annex/First Floor,Capital One Bank George Horning �® ® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�Count�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 VIA CERTIFIED March 27, 2017 Alfred Terp P.O. Box 64 Southold,NY 11971 RE: ZBA Appeal No. 6941 28095 Main Road, Cutchogue SCTM Nos. 1000-102-5-3, 3 & 9.6 Dear Mr. Terp; We received your variance application on February 22, 2016 and a public hearing was held on April 7, 2016 which was subsequently adjourned pending State Environmental Quality Review(SEQRA) by the Southold Town Planning Board in review of your site plan. On February 16, 2017,the Southold Town Planning Department informed us that you have withdrawn your site plan application. Although, your application would no longer be deemed relevant, we kindly request that you formally withdraw your variance application in writing. If you have any questions, please contact this office. Thank you for your prompt attention to this matter. Sincerely, S Kim E. Fuentes Board Assistant cc: Patricia Moore, Esq. Pinzino &Pinzio, Esq. - r ® N A1-3 ®I ® p p (,�a fl u r "Postage $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery Fee 3 '(Endorsement Required) C3 0 Total Postage&Fees iE3 l I m Sent SenPtO T C3 Sr6... Box No .; ----�--_i_e 6� or o.-------- - ------------------ Ciry, z- --- -- State, /P+4 `I • - 1 ® dN COMPLETE TH14§ECTION s ■ Complete items 1,2,and 3. A. 8i K,tu 1 ■ Print your name and address on th;reverse J ❑Agent so that we can return the card to you. ❑Addressee 1 B. Recei d by(Pr' to me) C.Date o ehvery ® Attach this card to the back of the mailpiece, L f. � � l iv or on the front if space permits. -/W-Al- 1 o 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes [ If YES,enter deliveryaddress below: ❑No D• `8a 3. Service,* �l � Priority Mail Express® II I IIIIII IIII III I II I III( II I II I III I II II IIII III ❑AdultAdult Signature R V �^iyeR/ ❑Registered Mail Restricted I ❑Certified Mail ` Delivery 7 9590 9402 2663 6336 3019 77 El Certified Mail Restricted Delivery ❑l etum Receipt for ❑Collect on Dellvery Merchandise 2. Article Number(Transfer from service labeD ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*'^ ❑Insured Mad- El Signature Confirmation 013 0600 0000 6175 0408 ❑Insured Mail Restricted Delivery Restricted Delivery over$500) PS Foh 3811;July 2015,PSN'7530-02100029053' i Domestic Return Receipt J O 1 Fuentes, Kim From: Betsy <betsy@mooreattys.com> Sent: Friday, February 24, 2017 11:18 AM To: Fuentes, Kim Cc: pcmoore@mooreattys.com; Duffy, Bill Subject: Re:AI Terp ZBA File 6941 Kim. We are no longer reprsenting the Terp family. You may contact his children at the following email addresses: alfred.i terp.mil@mail.mil mj.terp3@gmai1 com Betsy Perkins LA Moore Law Offices - SAVE A TREE- PLEASE DO NOT PRINT William D. Moore, Esq. EMAIL UNLESS YOU REALLY NEED TO. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 www.mooreatlys.com NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee(s) . If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and the attachments hereto, if any, is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. On Thu, Feb 23, 2017 at 2:39 PM, Fuentes, Kim<kimf @southoldtownny.gov>wrote: Hi Pat, i Fuentes, Kim From: Fuentes, Kim Sent: Thursday, February 23, 2017 2:40 PM To: 'pcmoore@mooreattys.com' Cc: 'Betsy'; Duffy, Bill Subject: Al Terp ZBA File 6941 Hi Pat, On February 16, 2017, the Planning Department informed us that Mr. Terp withdrew his site plan application proposing a new retail building. At this time, do you wish to withdraw the ZBA application, appeal No. 6941, request for area variance relative to the proposed retail building? If so, please send me a request in writing. Thank you. Kim E, Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809,Ex 5011 E-mail:kimf@southoldtownny_.�aov i FEB 9 2017 I. Iwo qf Lj 14 4z ---Alll�--,f- ----------- w. ............ .. .......... '625�+'� N PINZINO PINZIO ' PAGE 02/02 \ - FORM NO. 3 / RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT FEB 2. 201 r� SOUThIOLD, N.X. ZONING BOARD OF APPEALS a NOTICE OF DISAPPROVAL f ' DATE: December 7, 2015 AMENDED: Jaitua�ty 11, 2016 TO: Pinzino &Pinz o 1✓sq. 160 Plandomeoad Manhasset,NX 11030 Please take notice that y ur request dated November 2 2015 For permit to c struct a 573 s u e foot retail buildin at Location of property:280 5 Route 25 Cutcho ue NY County Tax Map No. 100 - Section 102 B1oc1,5 Lot 3,4 &9,6 Is returned herewith and d"sapproved on the followi ag grounds: The ro osed co tructio on this conforming 59,985 s uare foot varcell int a Hamlet Busin Distric i not ermitted scant to •cle X Sect' 28Q- 6.which stat "No'buildin o etxtises shall be used and no buildin or art thereof shall be erected or aI ed in the H93 Aistrict unles c same conforms to the Bulk Schedule and Parking and Load' Schedules i c ted into i c t b reference,with the same force and effect as if such re lations were set forth herein in fuU.17 Bulk Schedule req aires a rninimum1pal rd setback of 15 feet. Followirt tlxe ro osed construction. the structure wal have a front yard setback of 5 feet. Fu i PTC the roos construction re wires siteplan a oval from the Southold i'own Ylannina Board ,Please no dots must be imEred with anew tax M&P number prior to iss"imee of a buildin"eri�eiL This Notice o Rica rov I was amended on Janua Il 201 ' correct the m u ber. } ------------------- Act ori Signature Cc:File,ZBA, Planning a FORM NO. 3 U 1 � •� W �� c'_S TOWN OF SOUTHOLD BUILDING DEPARTMENT v` SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: November 18, 2015 TO: Pinzino &Pinzino Esq. 160 Plandome Road J Manhasset, NY 11030 RECEIVIED Please take notice that your request dated November 2, 2015' FEB 2 2 2016 For permit to construct a 5,573 square foot retail building at ZONING BOARD OF APPEALS Location of property: 28095 Route 25, CutchoQue NY County Tax Map No. 1000—Section 102 Block 5 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction on this conforming 58,985 square foot parcel in the Hamlet Business M)District is not permitted pursuant to Article X Section 280-46 which states,- "No building or premises shall be used and no building or part thereof shall be erected or altered in the HB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference with the same force and effect as if such regulations were set forth herein in full." Bulk Schedule requires a minimum front yard setback of 15 feet Following the proposed construction the structure will have a front yard setback of 5 feet Furthermore, the proposed construction requires site plan approval from the Southold Town Planning Board 9 -- ------------- -- ----- iiz gnature Cc: File, ZBA, Planning f Pt , ! r , , : l b$- '• ..r > ` ' d + , ` :+ 4 a A r , < : < , + > Jr4 a ;q� d, '7 Yew y� q V' �,i• Su8": it 'amu oq. S'SYW v f v , ? •''"may. t ( r f ro � k , i A. % W' TMIIIVK�. r ON +, pp .. �. RM , a s. y a c s. ^E 'I r v f' , may, y 3: I 2 I' ' .. n , r .W n , p:��5•'.�. n r • , rte, c ,x y i� 'a x, r•r ,.gy �}.. .L., 'y, k f. 4 Jw • w +� >i iT> x 4' Y> Y D R � ''E .2 E '.4RETAIL rs. z i, ,r W` S" v : 3 > a , } k W w3, i� x t h a q ro, 4 a- n� r s t 2 8095 ROAD ' y. , r � � n , u �•�. fit, M :t =1 S x •;� ttry th. b 3. a , i 3 1 'f vC 9C f 0 4 , t. CUTCHOGUE , NEW YORK 1 5 ; +, 4 > :k " " >' P z > \ LOCATION MAP VICINITY MAP N.T.S. N.T.S PREPARED FOR: MR. AL TERP , SR. P * O * IDJOX 64 SOUTHOLD , NY 1 PREPARED BY: CONTENTS TITLE SHEET 86-293 SURVEY OF PROPERTY (BY PECONIC SURVEYORS, PC) Companies DM-1 DEMOLITION PLAN ARCHITECTURE ENGINEERING ENVIRONMENTAL LANDSURVEYING / SP-1 SITE PLAN GD-1 GRADING AND UTILITIES PLAN EC-1 STORM WATER MANAGEMENT PLAN � OF A�p�a� A1.01 FIRST FLOOR PLAN 355 RESEARCH PARKWAY 7ON10,G B°r'R°�F A5.01 EXTERIOR ELEVATION MERIDEN, CONNECTICUT 06450 GN-1,2 GENERAL NOTES (203) 630-1406 DN-1,2 SITE DETAILS (203) 630-2615 Fax DATES ISSUE DATE: SEPTEMBER 10, 2015 REVISION DATE: FEBRUARY 4, 2016 CAD FILE: CV15C545001 THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES X23 {,r S ,i Ik # E.i OF t� PROPERTY SUFFOLK COUNTY, N. Y. 1000-102-05,03o04&9.6 SALE 1 .--30 JUNE '22, 2015 AUGUST 5 2015 (SIGNS & U 17 MES) SEPT: 11, 2015 (REWSIONS) cn 3°s cc Baa ON 6 j6c LT Uv 0 G ,r sem ' C tricl , 0 Tan �a YACX,AKjN0 321 pari Ct �? 3i�C �a V'T`# F C,q . a P CJ � �� �� �e r.- �.ai� "•�—""'�.t�o�' '� 'f',��` ��{AQP O � G+'�k 1� { '} WELL i� t� = GAS METER Is Q — UTILITY POLLS ��s — STREET SIGNS . ^—' SIGNAL POLEw y ��4 -�' �r �w�`' C�, i,�,, LAMS' POST 12--0' HIGH ' TO ,' .� AP� �� ✓ all B 0—@ = PARKING LOT LIGHT POLE: 23--Ise ( � �. ` ? / Z INCLUDING BASE" 8Q AZ OVER HEAD WIRES zoNlt-G v � c in ELEVAT 1 ONS ARE REFERENCED TO NAVC) 88 a� cl .��_"�: ���� �T FIG }L C�+ISTi'�IGT C.UTC".�-�OL fJISTI,IC.T—C•UTCrI OL*E -' o' , t^ '6 F3 ANY ALMRATIUN OR ADD177ON TO THIS SURVEY IS A VIOLATION ClVJ ,- U RS P.C. . .J OF SEC770N 7209OF` THE NEW YORK STATE' EDUCA77ON LAW. r ® x,31}�, � �C} F ,3C (' A6 3r) 765-1797EXCEPT" AS• PER SEC`T7'ON 7209--SUBDIVISION 2. ALL CERIMICA77ONS AREA=1.3541 ACRES �'�.� ..� HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES SEAR THE IMPRESSED SEAL OF THE SURVEYOR or 58,985 SO. FT. 72- �` �tER STREET W 10SE SIGMA MR£ APPEARS HEREON SOUTHOLD, N. Y. 11971 ,_,,,29 N. YS. LIC. IVO 49618 LEGEND ; o : , \e E , Companies REMOVE AND DISPOSE OF EXISTING REMOVE AND DISPOSE OF LIGHT POLE, ARCHITECTURE CONCRETE PAD PAVEMENT AND -- —• TILITY STRUCTURE OR SIGN PIPING U / WALK ENGINEERING r ' / APPURTENANCE, FIXTURE, TREE, AND/OR TREE STUMP ETC. ENVIRONMENTAL 3 a r \ C) LAND SURVEYING '\ REMOVE AND DISPOSE OF EXISTING / // / REMOVE AND DISPOSE OF UNDERGROUND BITUMINOUS CONCRETE PAVEMENT 4 R 'XXXXXXXXXXXXXXXXXXX STRUCTURE FENCING, WALLS, OVERHEAD WIRES, ETC. 355 Research Parkway r / � Meriden,CT 06450 �Y. r (203)630-1406 r' \ / (203)630-2615 Fax 77 .r ' . } / f \// / C✓ ��l� -`! n, O�it ERADICATE PAINTED LINES qq '' ✓ `rte C,r ._ r`` f r �` '' \/ / FOR EXISTING PARKING ADJACENT l �� Z w ;'� %; , / µt' TO PAVEMENT REMOVAL (TYP.) 01 SS10 r \ ! l,.r .��^' i' ""..,_. vs,,�,,• l } �r`'3 r 3" l '\ ;"^'t 3 � .r" d/'' ' • e rr ✓\J� �`•'i '\,..% 1+1 * ) f"' ,f,' \/ •/ �."„ Z, 41/ s.Yi3• `'``� , }S rte' , �. s;,q''}. \+ P 100 �Z s - /✓ \ / EXISTING LIGHT AND `POLE TO REMAIN—TYPICAL O EXISTING PAVEIMENT \ 1 11 TO REMAIN(21 ZVI LO 0 N I/ M /,-d000, 04 of 6�ACISTING Df�AIN`s 0 REMAIN—TYPICAL `>\ 4C. \ "3 'f ate' SAW/CU`C'LIN ' TM.m..� �► REMOVE AND DISPOSE GREASE TRAP // CONTRACT LIMIT LINE IS PROPERTY r, REMOVE AND DISf'bSE' OF // / / / / / / / / LINE UNLESS OTHERWISE SPECIFIED 4io ` � GREASE TRAP (?IPIN15 . � EXISTING TA K AND / / / / / / / / / / / / REMOVE AND DISPOSE OF PIPING TO.�REMAIN BITUMINOUS PAVEMENT /6 \ ,. `^.._ j, `X• ;,i , / / ,/ / ,.,s/ // // // ,/ // // / ,"/,-, ,' -s' <. ? / / / ♦ x� REMOVE AND DISPOSE `,, J " .�. =,,,�. �, -.� ._•,-.,. �' � �;. ,t, ,,.,;� � � ��� OF BITUMINOUS ti �,✓ m _..,_._ j z:' f .ty /.,i CONCRETE CURB ., EXISIIN,G CONCRETE WALK'30 f / / ,• �' REMAIN ./ / / fc s / / ,. ff , .: Z ,.. ! a _o STRIP AND STOCKPILE TOPSOIL ONSITE FOR REUSE— TYPICAL m ,'., , \ I .;• �, f BENCH TO REMAIN V) REMOVE AND DISPOSE OF ENTIRE BUILDING INCLUDING p BUTwNOT LIMITED TO WALLS, ROOF, SLABS, FLOORS, w ' FOUNDATIONS PIPES INTERIOR FIXTURES DOORS � "WINDOWS, CANOPIES, INTERIOR AND EXTERIOR STAIRS �' ♦ -DECKS, RAMPS INTERIOR AND EXTERIOR CONC. PADS, ' r QINTERIOR AND EXTERIOR COLUMNS MECHANICAL � EQUIPMENT, STEEL FRAMING ETC. (ALL HAZARDOUS u' P , `;.3. . ,. '!: :it / \ r;.tF`• '` / MATERIALS TO BE REMOVED AND DISPOSED OF z t '1111110 ',!• '� ACCORDINGLY BY A LICENSED HANDLER). REMOVE ANY — ' EXISTING SANITARY SEWER LATERAL APPURTENANCES �,�//y///�// t ,; `., pry,, , .m �' ., �• '�.f �.,. ,.��I I .. `\, `�, ,- / PER STATE HEALTH CODE. 0 w f (f i .r °/^.;\ ♦ �'.,°\t», .\'•`` ! �.,�1 / a,7 �r,.� ''`*'\\ \# """" 'Fs4"5 i .`'*„s`....:,, FJ% , y "'"j UI z co ' t `l).\,, a '` .,*fir / .a'`.' ✓ , y • / l,'•C ' ,` f&.,• ( N(b j ` WALK—TYPICAL W oRENOVE AND DISPOSE OF ,. PROTECT CONCRETE SIDEWALK r ;4 ♦ `\` CONCRETE AND UTILITIES—TYPICAL ° afj ` f'*_ '' `.\ `ti,,. w' i/ , ''�X, `"•s\ `.`\` �a?:>- .F"f f(•` r a°lP ° �� f ° 4 l "`;k EXISTING GAS LINE AND VALVE TO REM N ' '... � AIN M r ,t ',4 � \ - `. ;? Designed K.A.K. J P%. '`.. j�� o N ♦ �a. l �` ' ) O Drawn K.A.K. ` \ f` ' r DISCONNECT GAS SERVICE. COORDINATE WITH to s, \.q T f l` a` �., ✓ K.M.I. LOCAL SERVICE PROVIDER to Checked App M.M.C. Approved DISCONNECT WAIER SERVICE. COORDINATE WITH LOCAL SERVICE PROVIDER �. o j i; ♦ ` ` r� i s ' '`'w'`.; ., �..f �� b Project No. 15C5450 ul \ `\ .✓ ,« '.;f r ` ,., Date 09/10/15 J f / .,.�._._.... .A �� �/ f f,, �,, ,; 1 �, DISCONNECT ELECTRIC SERVICE. COORDINATE WITH L) '" r� A. --7 " f •` ;! / /r� LOCAL SERVICE PROVIDER �n CAD File: j ? Y '=; !, `• \ �,f f� _ / F.� ", �y DM15C545001 All EXISTING TO w, .,. . ,n... 30 \ ♦ `;;\ �' �. ,t tj o •` � STING GAS LINE AND VALVES REMAIN x Title.. `p `E� ✓ ,. ,,C:}/ l 61; \ \;v w ,,y, ,l `�- 1 "�` f>�"• � Ij '. , i"} it r f f is ' ,,-,<;✓'"\ r'•; ~ � l�\,,� $� l / 0 DEMOLITION fi !_ ',. "�, ♦ / ! GRAPHIiC SCALE b {: rcE�rD20 10 0 20 M PLAN }".`\,S�..�;._•,, � � °\<,,l/,f Z0 f, GI_ 6' C4 SCALE IN FEET Sheet,grN.p»o:. IR ! UARDO APPE f .M ..,.,..,.>w,..:............ ....M..ry.H 00 M f' w 1, y%3"';:w' ,+r ✓ � tp Y r ''"f_;M1..r ;,. f f'` FOR P G ES ONLY °° D M - 1 pt NOT RELEASED FOR CONSTRUCTION 02016 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES. x T 0,C 32.3 8,0.0T.O.0 ,f � . KING INFORMATION MATCH TO EXISTING ITEM ITEM REQUIREMENTS CURB-TYPICAL PROPOSED 1 BUILDING SIZE NONE REQUIRED 5,573 S.F. 1 SPACE/200 SF OF GFA (14,290 ��,� �• ,�`� ��,it f�.��.�1� ,� \, 2 PARKING REQUIRED BY TOWNSHIP 79 SPACES (72 SPACES) Companies 3 MINIMUM PARKING DIMENSIONS 9 FEET WIDE/19 FEET LONG 9 FT X 19 FT ARCHITECTURE ENGINEERING 4 MINIMUM AISLE WIDTH 22 FEET 16.5 FEET* ENVIRONMENTAL 14) LAND SURVEYING 5 MINIMUM FRONT SETBACK 15 FEET 7.4 FEET* :,;;;K;,a:.,,,,.,•.,:, ,:..„...,,.,..:.:,..; .;,,M,,,_,.r•r.:. 355 Research Parkway 6 MINIMUM SIDE SETBACK 10 FEET 12 FEET Meriden,CT 06450 (203)630-1406 k � PROVIDE AND INSTALL 7 MINIMUM REAR SETBACK 10 FEET 1 FEET* (203)630-2615 Fax ,i Q ��LOAM AND SEED EXISTING NONCONFORMING x ��P� O . L, I CD C 4 t/ tihj u 1� a•''�.- / �' � 32.3 —, t W fes'' � f ZONING INFORMATION z� �7 12 a r \ LOCATION: CUTCHOGUE. NEW YORK - � N ZONE: (HB) HAMLET BUSINESS DISTRICT T �.--.,��� _ i������ �'�1�� ��. .� �� :;. ��Q• ._ `�.� ��,. �`� USE: RETAIL STORE (SITE PLAN APPROVAL) ITEM If ITEM REQUIREMENTS PROPOSED 1 MINIMUM LOT AREA 20,000 S.F. 58,985 S.F.1.35 ACRES r 2 MINIMUM LOT WIDTH 60 FEET 87 FEET On 3 MINIMUM LOT DEPTH 100 FEET 239 FEET xi moi; 4 MINIMUM FRONT SETBACK 15 FEET 13.1 FEET* 5 MINIMUM SIDE SETBACK 10 FEET 12.5 FEET a� ria v 6 MINIMUM REAR SETBACK 25 FEET 267 FEET � ' '~` d✓ r� PROVIDE AND INSTALL 4" SWI_-TYPICAL 43 fp ` 7 MAXIMUM BUILDING HEIGHT 35 FEET/2 STORIES 30 f FEET 0 Q PROVIDE AND INSTALL 6" CONCRETE CURB-TYPICAL 8 MAXIMUM LOT COVERAGE 40 PERCENT 24.2± PERCENT W Q C t y 0 W PROVIDE AND INSTALL BITUMINOUS 9 MINIMUM LANDSCAPE AREA 25 PERCENT 25.1± (PERCENT §SSC`,, < CONCRETE PAVEMENT STANDARD DUTY-TYPICAL A T ,. 2 rJ I ` , \\ PROVIDE AND INSTALL * Q z Z VARIANCE REQUIRED �n OHE "� � '� �'���p.,� CONCRETE WHEEL STOP (TYP.) W W �. �` .. PROVIDE AND INSTALL 6' '' f , R41, F '_ a WIDE CONCRETE WALK C (V oLo Lo0 4 R O .. PROVIDE AND INSTALL 6" / SIGN LEGEND E N D CoCONCRETE FILLED STEEL 5 BOLLARD-TYPICAL ZI—) D OVIDE, ATALL HANDICAP RAMP lb '� SIGN NO. MUTCD NO. U TH DETtcTABLE WARNIN6,�STRIP : n P _ CONTRACT LIMIT LINE IS PROPERTY A R7-8 r, 32, k LINE UNLESS OTHERWISE STATED 71C l.. R'fCH TO EXI Nfl G CUR ICA P ° "` f PROVIDE AND INSTALL 8' ° �\z WIDE CONCRETE WALK g R7-8b P.3 /1 °°;, '�` MATCH TO EXISTING (VAN ACCESSIBLE) ,� °°:: SIDEWALK—TYPICAL 4 1,a TO,,, Q °°. ..: �;• . ,_t NOTE: HANDICAPPED SIGNS TO BE INSTALLED : ° , ;` s IN PIPE BOLLARDS (SEE DETAIL) G) ra. P POSED UIL .1NG gyp. c • MATCH TO EXISTING SIDEWALK '.::. . •: r. „ ..,,,,. ,,...........,..n, ,.,.,.., C Z.w 573 S.F. ,- C �? O � ��tK 71 0� ��'�,S{jig �,y `\'�-y , e � M a a N W Lai00-- - sQ z 040 v ;� 19' • j• `w ,\� ,c;`�fi.'1'�/ `fit• :' �'Y�j i'`.` •.-, � 1S Ld ID 01, ( o- Designed K.A.K. K.A.K. fj �� ` \ � 0 Drawn K.A.K. 1 \ u, �/ LOChecked K.M.I. N T,t3.C Q ' t ox) 3 C N Approved M.M.C. x Scole _ o _,, "j �e <` ° \ o Project No. 15C5450 `' 2_1 -d �L ��� �, Dote 09/10/15 T ��/ w MATCH TO EXISTING LO LO to CAD File: �. SIDEWALK-TYPICAL E SP15C545001 Title lul LOLO ' � ' GRAPHIC SCALE � SITE . .. / fey r .cIrCE1VE PLAN C r r ¢ • , 20 10 0 20 x o `% " ° � '� � ��qv ' 11 �' AI SCALE IN FEET ...,.,> IN BOARD OF APP E Sheet No. o O'n .� ZONING M /J/ G P ONLY coR F, 00 ,:...,.. -` qC; _ FOR P ( SP- 1 N � NOT ED FOR CONSTRUCTION y 411;A , N ®2016 BL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES. %Y - _ - 32.3 31.8 214 Ci TC:MATCH EXIST. BC:MATCH EXIST. (TYPICAL ADJACE!K�JT 0 Companies PAVEMENT R 1-N ARCHITECTURE ENGINEERING ENVIRONMENTAL LAND SURVEYING 355 Research Parkway Meriden,CT 06450 (203)630-1406 (203)630-2615 Fax 329 31,2 01, 3Z3 LU ry CONNECTION TO EXISTING SEPTIC TANK REQUIRES SUFFOLK COUNTY BC:MATCH IST. roc BC 30.40 0 0 PROVIDE AND INSTALL 26± L.F. 7 OF 6" SDR 35 PIPING L0 S=1% MINIMUM—TYPICAL, FOR USES REQUIRING 0 (" 0 0. A FAT, OIL, GREASE (FOG) INTERCEPTOR, b 9.90/ PROVIDE A UNIT SIZED ACCORDING TO THE 00 PCNYS, TO BE PLUMBED INTO THE DEDICATED .4 FOG PIPING, AS REQUIRED BY THE SUFFOLK COUNTY HEALTH DEPARTMENT. 299 00 0.5 0.3 C 0 317 31.5 C 30.50 COORDINATE PR OPOSED UTILITY CONNECTIONS 0 KTW-WILITY PROVIDER(S) AND sukrING DEPARTMENT. To z 3 5 PROVIDE AND INSTALL CURB VALVE M LLJ V 1, PROVIDE AND INSTALL uJ TAP AND SLEEVE AND VALVE, q PROPOSED WATER SERVICE FOR RETAIL BUILDING. COORDINATE CONNECTION WITH WATER AUTHORITY _J US Q)LLI 30 4)00 Lu 0 19 70 Designed K.A.K. Checked K.M.I. � Approved M.M.C.= Scale- Project No. 0 15C5450 Ln Date 09/10/15 LO CAD File: rn G M - 0 Title Ln LO U) LO GRADING AND GRAPHIC SCALE to R I * JJ 20 10 0 20 � CFTvr- X UTILITIES PLAN - SCALE IN FEET U Sheet No. 0 ZONING BOARD Or P'Ppr 00 FOR PERNTrMG PURPMES ONLY 00 NGr U GD- 1 a _ ` .. C141 X T.C.0 32.3 8.t3.0T O.0 31.5 X2.41.:. 011, 4 Companies • ' f fy 'M ARCHITECTURE ENGINEERING ENVIRONMENTAL LAND SURVEYING 355 Research Parkway Meriden,CT 06450 V0 PROVIDE AN.p INSTALL SILT SACK / �" (203)630-1406 � (203)630-2615 Fax Nell/ '7 -1.5 f3Z9 z. �-' ��,��� �\``•,,~ ;�,�,,�� 31.2 f' *.. /''� '� a�� �•�� 09300 �, a oFESS1C)� PROVIDE AND INSTALL SILT SACK v�*r K, a, . �0 ,f ro=— 'G '0, ru PROVIDE AND INSTALL 24'Jf50' RIPRAP CONSTRUCTION EN ANCE O Z ° Q W Q ,g Is'a `;.ti � f �,D Q o `� 0 LOCATION OF TOP SOIL STOCKPILE Q z z ' J( PO' COHEN0 C. �O PROVIDE AND INSTALL SILT SACK ° � 00 C i 00 LIMIT OF DISTURBANCE O N U TOTAL AREA 14,000 S.F. n/ •`y,: �0 LL 0 0 1 L & ,; ( I C ',. \ >r. 21PROVIDE AND INSTALL SILT FENCE R � P 11 R h 7S 31.5 0 � j C� r, Z . ., O N Toc f,%ca cn - •��, :' c A. c� I .t ,c gyp` r'~ F m Q LLI LLI c K51 c 4 " c?� pQ r, `3Qis� a o . y, �` o X 4/ v 1P, ca C) CE a ° � �jt 'a y ,,,,cs F •s•I ,,7 r A N `* Vis' �j �j` Designed K.A.K. X `✓ 'i > / vCr,� ,.,' .;., ` o Drawn K.A.K. f o Q { ` Checked N ' - �c ��� �. o �� K.M.I. W /, \ �,, �Qa 9 N Scale IAproved M.M.C. Project No. 15C5450 LO 3 \ d ra Date 09/10/15 Lr)� � � a� /j "� � LO CAD File: ' cf J ` ' �� /� / o EC15C545001 --k` m � �,�,: �•' '`, QCs �,��' � Title. .. ..., .......... . ..... ............ 0 0 Ln Ln /� 4�� *` c:Ec> TVEi� � STORM WATER to C�' f XN' SEB �� GRAPHIC SCALE X MANAGEMENT ' � ;' �' . 20 �0 0 20 - PLAN ' A",Civ `� � {� I3 ARD OF APPEALS ^ G O o �° �; I z ' SCALE IN FEET y..,^. . wa.• ..r. . Sheet No. 00 Cq \\ FOR P G PURPOSES ONLY _ EC- 1 ` ,° s.t-:� `� , '' NOT ED FOR CONSTRUCTION _ x7:. p:` r N X2016 SL COMPANIES, INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON, FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES. U) XLu Lu Z EXTENT OF WORK Companies ------------- ARCHITECTURE ENGINEERING ENVIROMENTAL LAND SURVEYING A5.01 355 Research Parkway Meriden, CT 06410 7 (203)630-1406 (203)630-2615 Fax OV- rf LJu 0' ---------- --------- S 81'-0" .. ............. .......... 4 5 15'.6" 18'-6" 15'-9" 15'-6" 20'_4° 3'-4" 12'-0" 3'- 15'-4" T-4- 11'-4" 3:_4„ 2'_p„ A W O �' El W < C/) -J -) o OC) N Z) 0 15'-0" 15'-0" 18'-0" 15'-6" U) EXISTING BUILDING <2 C TENANT TENANT TENANT TENANT TENANT 101 j 102 104 I 105 948 SF 988 SF 988 SF 1,187 SF 948 SF U) E 0U) z W W ................ .................. .......... L 11'-4" 4" 8" 4'-8" 4'-8" 8" 11'-4" 11'-4" 4--8" 11'-4" 3' C:1 co El EJ 121 Designed TEJ 1'-4"1 1 6'-8" 1'-4"1 1 14--2" 1'-4"1 1 14'-2" 1'-4"1 1 14'-2" 1'-4"1 1 14'-2" 1'-4"1 1 22'-2" 1'-4" 1 1 Drawn: TEJ Checked: Checker Approved: SP Scale: 1/8"= 1'-0" Project No. 1505450 Date: 9/10/2015 X Lu Lu Title: FIRST FLOOR PLAN N ( 1 - FIRST FLOOR D 1/8" -01, Sheet No.-- A1 . 01 o.A1 . 01 Companies -- SCAB ON ROOF OVER EXISTING FRAMING EXISTING NEW ASPHALT SHINGLES TO MATCH EXISTING ARCHITECTURE ENGINEERING ENVIROMENTAL -- EXISTING SIDING •'� ' � `���^�` LAND SURVEYING -- 355 Research Parkway Meriden, CT 06410 -1406 (203)630 (2036 ) 30-2615 Fax r -EB E21 E3111.. :Ell _. -, 3 r- - I C 0 cj 4�;1 .m r' -- _.._____........_._......__......___.__..----.__.._,...._...__................ __..__...._.___..___..__..-.__.....__.----_-_.-. -.---.._..........__..__._.... __....._..___....._..- ........... -- �...Y�.. r rt � r r.z, r ' t rz r ItT, •, r, t _I \ / ;_ - � - xT_. _ ,_:r -r-sr �., \ a x�- - s-,zl / I k r - ��i�'xrT� 1-5 �— EXISTING BRICK COLUMNS EXISTING BRICK VENEER -- BRICK VENEER TO MATCH EXISTING ALUMINUM STOREFRONT SYSTEM 3 SOUTH ELEVATION a O 1/8"= 1'-0" SIDING TO MATCH EXISTING - EXISTING SHINGLE ROOF BEYOMID Q ASPHALT SHINGLES TO MATCH EXISTING �' O , Mss W O �- I - u y Sr T.. - __. _. _ _ _.._ .... .... _...-..:.- U) _. . N, 5 ; f - - � f r ! t e s T r. . O r z r y xi t CIO-: T z sT r r1�r r z r _ s=a r r r _ � s - rz rr r r CLAD TRIM \— �- EXISTING BRICK COLUMNS BRICK VENEER COLUMN BRICK VENEER TO MATCH EXISTING EXISTING BRICK VENEER - � N EAST ELEVATION U - ASPHALT SHINGLES TO MATCH EXISTING NEW I EXISTING W w 0 U) e-- z �,,��~"��� EXISTING SIDING O .. - > I _�r'z 2L Designed TEJ r " _ r r _ �rz= 1 I ; Drawn: TEJ rte, r � Checked: Checker Approved: SP Project No. 15C5450 Date: 9/10/2015 I BRICK VENEER TO MATCH EXISTING EXISTING BRICK VENEER - Title: EXTERIOR ELEVATIONS [tECEIVM3 NORTH ELEVATION F) 4LF nEM Q 1/8"= 1'-0" - ---- — - ------ ---- Sheet No. --- — r-10NING FOARD OF APPCA - A5 . 01 DEMOLITION NOTES GRADING AND DRAINAGE NOTES GENERAL NOTES GRADING AND DRAINAGE NOTES 1. THE CONTRACTOR SHALL VERIFY ALL SITE AND BUILDING CONDITIONS IN THE FIELD AND CONTACT THE SITE ENGINEER AND ARCHITECT IF THERE ARE ANY QUESTIONS OR CONFLICTS REGARDING THE CONSTRUCTION DOCUMENTS AND/OR FIELD DEMOLITION NOTES 1. SEE GENERAL NOTES SHEET GN-2 FOR ADDITIONAL GENERAL NOTES. CONDITIONS. 1. INDICATED BUILDING, INCLUDING FOUNDATION WALLS AND FOOTINGS AND BASEMENT SLABS INDICATED ON THIS PLAN ARE TO 2. THE GRADING AND UTILITIES PLAN IS INTENDED TO DESCRIBE GRADING AND UTILITIES AND DRAINAGE ONLY. REFER TO SITE BE REMOVED FROM SITE. CONTRACTOR' SHALL SECURE ANY PERMITS, PAY ALL FEES AND PERFORM CLEARING AND GRUBBING PLAN FOR GENERAL INFORMATION, AND DETAIL SHEETS FOR DETAILS. SEE MEP DRAWINGS FOR BUILDING CONNECTION 2• DO NOT INTERRUPT EXISTING UTILITIES SERVICING FACILITIES OCCUPIED AND USED BY THE OWNER OR OTHERS DURING OCCUPIED HOURS EXCEPT WHEN SUCH INTERRUPTIONS HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER AND THE LOCAL AND DEBRIS REMOVAL PRIOR TO COMMENCEMENT OF GRADING OPERATIONS. LOCATIONS AND DETAILS. MUNICIPALITIES. INTERRUPTIONS SHALL ONLY OCCUR AFTER ACCEPTABLE TEMPORARY SERVICE HAS BEEN PROVIDED. Companies 2. SEDIMENT AND EROSION CONTROLS AS SHOWN ON THE STORMWATER MANAGEMENT PLAN AND/OR DEMOLITION PLAN SHALL 3. THE CONTRACTOR SHALL PRESERVE EXISTING VEGETATION WHERE POSSIBLE AND/OR AS NOTED ON DRAWINGS. REFER TO 3. THE CONTRACTOR SHALL ABIDE BY ALL OSHA FEDERAL STATE AND LOCAL REGULATIONS WHEN OPERATING CRANES, BE INSTALLED BY THE DEMOLITION CONTRACTOR PRIOR TO START OF DEMOLITION AND CLEARING AND GRUBBING OPERATIONS. THE STORMWATER MANAGEMENT PLAN FOR LIMIT OF DISTURBANCE AND EROSION CONTROL NOTES. BOOMS, HOISTS, ETC. IN CLOSE PROXIMITY TO OVERHEAD ELECTRIC LINES. IF CONTRACTOR MUST OPERATE EQUIPMENT CLOSE ARCHITECTURE 3. REMOVE AND DISPOSE OF ANY SIDEWALKS, FENCES, STAIRS, WALLS, DEBRIS AND RUBBISH REQUIRING REMOVAL FROM THE 4. TOPSOIL SHALL BE STRIPPED AND STOCKPILED ON SITE FOR USE IN FINAL LANDSCAPING. TO ELECTRIC LINES, CONTACT POWER COMPANY TO MAKE ARRANGEMENTS FOR PROPER SAFEGUARDS. ANY UTILITY COMPANY ENGINEERING WORK AREA IN AN APPROVED OFF SITE LANDFILL, BY AN APPROVED HAULER. HAULER SHALL COMPLY WITH ALL REGULATORY FEES SHALL BE PAID FOR BY THE CONTRACTOR. ENVIRONMENTAL 5. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL NECESSARY CONSTRUCTION PERMITS REQUIRED IBY GOVERNMENT AND REQUIREMENTS. D SURVEYING LOCAL AGENCIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY CONSTRUCTION PERMITS FROM 4. THE CONTRACTOR SHALL PROVIDE RECORD DRAWINGS OF ALL CONSTRUCTION (INCLUDING UNDERGROUND UTILITIES) TO THE 4. THE CONTRACTOR SHALL SECURE All PERMITS FOR HIS DEMOLITION AND DISPOSAL OF HIS DEMOLITION MATERIAL TO BE OWNER AT THE END OF CONSTRUCTION. THE TOWN OF SOUTHOLD, SUFFOLK COUNTY AND THE STATE OF NEW YORK DOT REQUIRED TO PERFORM ALL REQUIRED WORK, REMOVED FROM THE SITE. THE CONTRACTOR SHALL POST BONDS AND PAY PERMIT FEES AS REQUIRED. BUILDING DEMOLITION INCLUDING FOR STREET CUTS AND CONNECTIONS TO EXISTING UTILITIES. THE CONTRACTOR SHALL POST ALL BONDS, PAY ALL CONTRACTOR SHALL BE RESPONSIBLE FOR PERMITS AND DISPOSAL OF ALL BUILDING DEMOLITION DEBRIS IN AN APPROVED 5. THE ARCHITECT OR ENGINEER IS NOT RESPONSIBLE FOR SITE SAFETY MEASURES TO BE EMPLOYED DURING CONSTRUCTION. 355 Research Parkway OFF-SITE LANDFILL. FEES, PROVIDE PROOF OF INSURANCE AND PROVIDE TRAFFIC CONTROL NECESSARY FOR THIS WORK. THE ARCHITECT AND ENGINEER HAVE NO CONTRACTUAL DUTY TO CONTROL THE SAFEST METHODS OR MEANS OF THE WORK, Meriden,CT 06450 JOB SITE RESPONSIBILITIES, SUPERVISION OR TO SUPERVISE SAFETY AND DOES NOT VOLUNTARILY ASSUME ANY SUCH DUTY OR (203)630-1406 5. ASBESTOS OR HAZARDOUS MATERIAL, IF FOUND ON SITE, SHALL BE REMOVED BY A LICENSED HAZARDOUS MATERIAL 6. THE CONTRACTOR SHALL PROVIDE AND MAINTAIN TRAFFIC DEVICES FOR PROTECTION OF VEHICLES AND PEDESTRIANS RESPONSIBILITY. (203)630-2615 Fax CONSISTING OF DRUMS, BARRIERS, SIGNS, LIGHTS, FENCES AND UNIFORMED TRAFFIC CONTROLLERS AS REQUIRED, ORDERED BY CONTRACTOR. THE ENGINEER OR REQUIRED BY THE STATE AND LOCAL GOVERNING AUTHORITIES. 6. INFORMATION ON EXISTING UTILITIES AND STORM DRAINAGE SYSTEMS HAS BEEN COMPILED FROM AVAILABLE INFORMATION :, .. r.>.R....-.,,.-,,-;,,.;,,.;:.,,;;.;,.<;•: .,z.:, 6. THE CONTRACTOR SHALL PREPARE ALL MANIFEST DOCUMENTS AS REQUIRED PRIOR TO COMMENCEMENT OF DEMOLITION. 7, FILL WITHIN FORMER BUILDING FOUNDATION SHALL BE CHECKED BY TEST PIT AND PROOF-ROLLING AND SHALL BE INCLUDING UTILITY COMPANY AND MUNICIPAL RECORD MAPS AND/OR FIELD SURVEY AND IS NOT GUARANTEED CORRECT OR COMPLETE. UTILITIES AND STORM DRAINAGE SYSTEMS ARE SHOWN TO ALERT THE CONTRACTOR TO THEIR PRESENCE AND THE OBSERVED BY BY THE OWNER'S GEOTECHNICAL ENGINEER. SUBGRADE SHALL BE FORMED WITH REMOVAL AND REPLACEMENT OF ®' �- 7. THE CONTRACTOR SHALL CUT AND PLUG, OR ARRANGE FOR THE APPROPRIATE UTILITY PROVIDER TO CUT AND PLUG ALL CONTRACTOR IS SOLELY RESPONSIBLE FOR DETERMINING ACTUAL LOCATIONS AND ELEVATIONS OF ALL UTILITIES AND STORM Qa" P`l�la FILL AND REMOVAL AND REPLACEMENT OF SOFT SUBGRADE MATERIAL AS ORDERED BY THE GEOTECHNICAL ENGINEER. SEE DRAINAGE SYSTEMS INCLUDING SERVICES. PRIOR TO DEMOLITION OR CONSTRUCTION THE CONTRACTOR SHALL CONTACT NEW f Cf' n y SERVICE PIPING AT THE STREET LINE OR AT THE MAIN, AS REQUIRED BY THE UTILITY PROVIDER, OR AS OTHERWISE NOTED OR EARTHWORK SPECIFICATIONS FOR FURTHER DESCRIPTION. r. t f- . Q SHOWN ON THE CONTRACT DRAWINGS. ALL SERVICES MAY NOT BE SHOWN ON THIS PLAN. THE CONTRACTOR SHALL YORK 811 72 HOURS BEFORE COMMENCEMENT OF WORK AT 811 AND VERIFY ALL UTILITY AND STORM DRAINAGE SYSTEM �'`>°.. Z` Q?� ' INVESTIGATE THE SITE PRIOR TO BIDDING TO DETERMINE THE EXTENT OF SERVICE PIPING TO BE REMOVED, CUT OR PLUGGED. LOCATIONS. 8. THE CONTRACTOR SHALL COMPACT FILL AS DIRECTED BY OWNER'S GEOTECHNICAL ENGINEER IN MAXIMUM LIFTS OF 8" ' THE CONTRACTOR SHALL PAY ALL UTILITY PROVIDER FEES FOR ABANDONMENTS AND REMOVALS. WITHIN TRENCH FILLS AND 10" LIFTS IN GENERAL EARTH WORK FILLS UNDER ALL PARKING, BUILDING, AND DRIVE AREAS TO 7. DO NOT SCALE DRAWINGS. DIMENSIONS GOVERN OVER SCALED DIMENSIONS. 8. THE CONTRACTOR SHALL PROTECT ALL IRON PINS, MONUMENTS AND PROPERTY CORNERS DURING DEMOLITION ACTIVITIES. 95% OF THE MAXIMUM DRY DENSITY AS DETERMINED BY ASTM D1557 (MODIFIED PROCTOR TEST), OR AS DIRECTED BY THE rt 0 ANY CONTRACTOR DISTURBED PINS, MONUMENTS, AND OR PROPERTY CORNERS, ETC. SHALL BE RESET BY A LICENSED LAND GEOTECHNICAL ENGINEER. 8. IF PLANS AND OR SPECIFICATIONS ARE IN CONFLICT, THE MOST COSTLY SHALL APPLY. n Lu SURVEYOR AT THE EXPENSE OF THE CONTRACTOR. 9. UNDERDRAINS SHALL BE ADDED, IF DETERMINED NECESSARY IN THE FIELD BY THE OWNER/GEOTECHNICAL ENGINEER, AFTER 9. ALL CONTRACTORS AND SUBCONTRACTORS SHALL OBTAIN COMPLETE DRAWING PLAN SETS FOR BIDDING AND �61 9. THE DEMOLITION CONTRACTOR SHALL STABILIZE THE SITE AND KEEP EROSION CONTROL MEASURES IN PLACE UNTIL THE SUBGRADE IS ROUGH GRADED. CONSTRUCTION. PLAN SETS SHALL NOT BE DISASSEMBLED INTO PARTIAL PLAN SETS FOR USE BY CONTRACTORS AND ��OFESSI����� COMPLETION OF HIS WORK OR UNTIL THE COMMENCEMENT OF WORK BY THE SITE CONTRACTOR, WHICHEVER OCCURS FIRST, AS SUBCONTRACTORS OF INDIVIDUAL TRADES. IT SHALL BE THE CONTRACTOR'S AND SUBCONTRACTOR'S RESPONSIBILITY TO OBTAIN REQUIRED OR DEEMED NECESSARY BY THE ENGINEER OR OWNER'S REPRESENTATIVE. THE SITE CONTRACTOR SHALL ASSUME 10. CLEARING LIMITS SHALL BE PHYSICALLY MARKED IN THE FIELD AND APPROVED BY THE TOWN OF SOU117HOLD LAND USE COMPLETE PLAN SETS FOR USE IN BIDDING AND CONSTRUCTION. " RESPONSIBILITY FOR THE MAINTENANCE OF EXISTING EROSION AND SEDIMENTATION CONTROLS AND FOR INSTALLATION OF ANY AGENT PRIOR TO THE START OF WORK ON THE SITE. NEW EROSION AND SEDIMENTATION CONTROLS AS PER THE STORMWATER MANAGEMENT PLAN, AT THAT TIME. 10. ALL NOTES AND DIMENSIONS DESIGNATED `TYPICAL" APPLY TO ALL LIKE OR SIMILAR CONDITIONS THROUGHOUT THE 11. PROPER CONSTRUCTION PROCEDURES SHALL BE FOLLOWED ON ALL IMPROVEMENTS WITHIN THIS PARCEL SO AS TO PROJECT. 10. THE CONTRACTOR SHALL PUMP OUT BUILDING FUEL AND WASTE OIL TANKS (IF ANY ARE ENCOUNTERED) AND REMOVE PREVENT THE SILTING OF ANY WATERCOURSE OR WETLANDS IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT OF FUEL TO AN APPROVED DISPOSAL AREA BY A LICENSED WASTE OIL HANDLING CONTRACTOR IN STRICT ACCORDANCE WITH ENVIRONMENTAL CONSERVATION GUIDELINES FOR SOIL EROSION AND SEDIMENT POLLUTION CONTROL NYSDE(C MANUAL. IN 11. CONTRACTOR(S) TO TAKE AND VERIFY ALL DIMENSIONS AND CONDITIONS OF THE WORK AND BE RESPONSIBLE FOR STATE REQUIREMENTS. ADDITION, THE CONTRACTOR SHALL STRICTLY ADHERE TO THE "STORMWATER MANAGEMENT PLAN" CONTAINED HEREIN. THE COORDINATION OF SAME. FIELD VERIFY ALL EXISTING CONDITIONS PRIOR TO START OF WORK. CONTRACTOR SHALL BE RESPONSIBLE TO POST ALL BONDS AS REQUIRED BY THE LOCAL MUNICIPALITIES, OR SUFFOLK COUNTY 11. IF IMPACTED OR CONTAMINATED SOIL IS ENCOUNTERED BY THE CONTRACTOR, THE CONTRACTOR SHALL SUSPEND SOIL AND WATER CONSERVATION DISTRICT WHICH WOULD GUARANTEE THE PROPER IMPLEMENTATION OF THE PLAN. 12. BL WILL PREPARE FINAL CONSTRUCTION DOCUMENTS SUITABLE FOR BIDDING AND CONSTRUCTION. PROGRESS SETS OF EXCAVATION WORK OF IMPACTED SOIL AND NOTIFY THE OWNER AND/OR OWNER'S ENVIRONMENTAL CONSULTANT PRIOR TO THESE DOCUMENTS ARE NOT SUITABLE FOR THOSE PURPOSES. IF CLIENT ELECTS TO SOLICIT BIDS OR ENTER INTO PROCEEDING WITH FURTHER WORK IN THE IMPACTED SOIL LOCATION UNTIL FURTHER INSTRUCTED BY THE OWNER AND/OR 12. ALL SITE WORK, MATERIALS OR CONSTRUCTION, AND CONSTRUCTION METHODS FOR EARTHWORK AND STORM DRAINAGE CONSTRUCTION CONTRACTS UTILIZING CONSTRUCTION DOCUMENTS THAT ARE NOT YET FINAL, CONSULTANT SHALL NOT BE OWNER'S ENVIRONMENTAL CONSULTANT. WORK SHALL CONFORM TO THE SPECIFICATIONS AND DETAILS AND APPLICABLE SECTIONS OF THE PROJECT SPECIFICATIONS RESPONSIBLE FOR ANY COSTS OR DELAY ARISING AS A RESULT. MANUAL. OTHERWISE THIS WORK SHALL CONFORM TO THE STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION AND 12. THE CONTRACTOR SHALL ADHERE TO ALL OSHA FEDERAL STATE AND LOCAL REGULATIONS WHEN OPERATING CRANES, PROJECT GEOTECHNICAL REPORT IF THERE IS NO PROJECT SPECIFICATIONS MANUAL. ALL FILL MATERIAL UINDER STRUCTURES 13, THESE PLANS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT FOR CONSTRUCTION. NO CONSTRUCTION OR BOOMS, HOISTS, ETC. IN PROXIMITY OF OVERHEAD ELECTRIC LINES. IF CONTRACTOR MUST OPERATE EQUIPMENT CLOSE TO AND PAVED AREAS SHALL BE PER THE ABOVE STATED APPLICABLE SPECIFICATIONS, AND/OR PROJECT GEOTECHNICAL REPORT, DEMOLITION SHALL BEGIN UNTIL APPROVAL OF THE FINAL PLANS IS GRANTED BY ALL GOVERNING AND REGULATORY AGENCIES. ELECTRIC LINES CONTACT POWER COMPANY TO MAKE ARRANGEMENTS FOR PROPER SAFEGUARDS. ANY UTILITY PROVIDER FEES AND SHALL BE PLACED IN ACCORDANCE WITH THE APPLICABLE SPECIFICATIONS UNDER THE SUPERVISION OF A QUALIFIED SHALL BE PAID BY THE CONTRACTOR. PROFESSIONAL ENGINEER. MATERIAL SHALL BE COMPACTED AS DIRECTED BY OWNER'S GEOTECHNICAL ENGINEER LIFTS TO 95% 14. THE CONTRACTOR SHALL COMPLY WITH CFR 29 PART 1926 FOR EXCAVATION TRENCHING AND TRENCH PROTECTION OF THE MAXIMUM DRY DENSITY AS DETERMINED BY ASTM D 1557 AT A PERCENT OF OPTIMUM MOISTURE (CONTENT PRESCRIBED REQUIREMENTS. 13. CONTRACTOR SHALL PROVIDE AND MAINTAIN TRAFFIC DEVICES FOR PROTECTION OF VEHICLES AND PEDESTRIANS BY THE OWNER'S GEOTECHNICAL ENGINEER. CONSISTING OF DRUMS, BARRIERS, SIGNS, LIGHTS, FENCES AND UNIFORMED TRAFFIC CONTROLLERS AS REQUIRED OR AS 15. ALL CONSTRUCTION SHALL COMPLY WITH PROJECT MANUAL, TOWN OF DEPARTMENT OF TRANSPORTATION AND STATE OF NEW YORK BUILDING CODE IN HE SUFFOLK COUNTY, NEW YOUR STATE ORDERED BY THE ENGINEER OR AS REQUIRED BY THE LOCAL GOVERNING AUTHORITIES, OR AS REQUIRED BY PERMIT 13. ALL DISTURBANCE INCURRED TO TOWN OF SOUTHOLD, SUFFOLK COUNTY OR STATE OF NEW YORK PROPERTY DUE TO N THE ABOVE REFERENCED HEIRARCHY. IF STIPULATIONS. CONTRACTOR SHALL MAINTAIN ALL TRAFFIC LANES AND PEDESTRIAN WALKWAYS AT ALL TIMES UNLESS WRITTEN CONSTRUCTION SHALL BE RESTORED TO ITS PREVIOUS CONDITION OR BETTER, TO THE SATISFACTION OF 11HE TOWN OF SPECIFICATIONS ARE IN CONFLICT, THE MORE STRINGENT SPECIFICATION SHALL APPLY. J APPROVAL FROM THE APPROPRIATE GOVERNING AGENCY IS GRANTED. SOUTHOLD AUTHORITY, SUFFOLK COUNTY AUTHORITY AND STATE OF NEW YORK AUTHORITY AS APPLICABLE. 14. INFORMATION ON EXISTING UTILITIES AND STORM DRAINAGE HAS BEEN COMPILED FROM AVAILABLE INFORMATION INCLUDING 14. ALL CONSTRUCTION SHALL COMPLY WITH THE PROJECT SPECIFICATIONS MANUAL, AND THE LOCAL MUNICIPALITY'S UTILITY PROVIDER AND MUNICIPAL RECORD MAPS AND/OR FIELD SURVEY AND IS NOT GUARANTEED CORRECT OR COMPLETE. STANDARDS AND COUNTY STANDARDS AND STATE OF NEW YORK DOT SPECIFICATIONS AS APPLICABLE FOR2 THE LOCATION OF �� O UTILITIES AND STORM DRAINAGE SYSTEMS ARE SHOWN TO ALERT THE CONTRACTOR TO THEIR PRESENCE AND THE THE WORK. ALL CONSTRUCTION WITHIN A DOT RIGHT OF WAY SHALL COMPLY WITH ALL DEPARTMENT OF 'TRANSPORTATIONI' i Q >_ W CONTRACTOR IS SOLELY RESPONSIBLE FOR DETERMINING ACTUAL LOCATIONS AND ELEVATIONS OF ALL UTILITIES INCLUDING STANDARDS. WHERE SPECIFICATIONS OR STANDARDS ARE IN CONFLICT, THE MORE STRINGENT SPECIFICATIION OR STANDARD O SERVICES AND STORM DRAINAGE SYSTEMS. PRIOR TO DEMOLITION OR CONSTRUCTION THE CONTRACTOR SHALL CONTACT NEW SHALL BE SUPERIOR. YORK 811 72 HOURS BEFORE COMMENCEMENT OF WORK AT 811 AND VERIFY ALL UTILITY AND STORM DRAINAGE S`iSTEM W LOCATIONS. 15. IF IMPACTED OR CONTAMINATED SOIL IS ENCOUNTERED BY THE CONTRACTOR, THE CONTRACTOR SHALL SUSPEND Q 15. EXISTING WATER SERVICES SHALL BE DISCONNECTED AND ABANDONED IN ACCORDANCE WITH THE REQUIREMENTS OF THE EXCAVATION WORK OF IMPACTED SOIL AND NOTIFY THE OWNER AND/OR OWNER'S ENVIRONMENTAL CONSULTANT PRIOR TO z zPROCEEDING WITH FURTHER WORK IN THE IMPACTED SOIL LOCATION UNTIL FURTHER INSTRUCTED BY THE OWNER AND/OR SUFFOLK COUNTY HEALTH DEPARTMENT AND SUFFOLK COUNTY WATER AUTHORITY. OWNER'S ENVIRONMENTAL CONSULTANT. W Q W 16. EXISTING GAS SERVICES SHALL BE (CAPPED AND SERVICE LINES PURGED OF RESIDUAL GAS IN ACCORDANCE WITH PRODUCT NOTES: D APPROPRIATE GAS COMPANY REQUIREMENTS. WORK TO BE COORDINATED BY AND PAID FOR BY THE CONTRACTOR. REMOVE LID C� EXISTING SERVICE PIPING ON SITE. ANY PROPANE TANKS SHALL BE PURGED OF RESIDUAL GAS BY PROPANE SUPPLIER. 1. SHOP DRAWINGS: THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS OF MATERIALS AND STRUCTURES FOR REVIEW AND O O CONTRACTOR SHALL COORDINATE THIS 'WORK AND PAY NECESSARY FEES. APPROVAL PRIOR TO DELIVERY TO THE SITE. ALLOW 14 WORKING DAYS FOR REVIEW. 0 17. THE CONTRACTOR SHALL PROVIDE DISCONNECT NOTIFICATION TO THE TOWN OF SOUTHOLD BUILDING DEPARTMENT 2. CAST IRON SOIL PIPE (CISP) AND FITTINGS SHALL BE EXTRA HEAVY BELL & SPIGOT WITH NEOPRENE GASKET JOINTS IN O 00 U NATIONAL GRID, AND APPROPRIATE UTIL111Y COMPANIES AT LEAST THREE WEEKS PRIOR TO BEGINNING DEMOLITION. ACCORDANCE WITH ASTM A74 & C564. CV 18. THE CONTRACTOR IS RESPONSIBLE FOR SECURING A DEMOLITION PERMIT FROM THE TOWN OF SOUTHOLD BUILDING 3. COPPER PIPE SHALL BE TYPE K TUBING WITH COMPRESSION FITTINGS. ry DEPARTMENT AND MUST FURNISH THE REQUIRED APPLICATION MATERIAL AND PAY ALL FEES. L.^J. V 19. BACK FILL DEPRESSIONS, FOUNDATION HOLES AND REMOVED DRIVEWAY AREAS IN LOCATIONS NOT SUBJECT TO FURTHER 4. GAS PIPE MATERIAL SHALL BE PER GAS COMPANY REQUIREMENTS. EXCAVATION WITH SOIL MATERIAL APPROVED BY THE OWNER'S GEOTECHNICAL ENGINEER AND COMPACT, FERTILIZE, SEED AND 5. POLY VINYL CHLORIDE PIPE (PVCP) FOR STORM PIPING SHALL HAVE BUILT-IN RUBBER GASKET JOINTS. PVCP SHALL MULCH. BUILDING FOUNDATION AREA TO BE BACK FILLED IN LIFT THICKNESS AS DIRECTED BY THE OWNER'S GEOTECHNICAL CONFORM TO ASTM D-3034 (SDR35) WITH COMPRESSION JOINTS AND MOLDED FITTINGS. PVCP SHALL BE INSTALLED IN ENGINEER WITH GRAVEL FILL. COMPACT TO 95% MAX. DRY DENSITY PER ASTM D1557 OR AS DIRECTED BY OWNER'S ACCORDANCE WITH THE DETAILS; ASTM-D2321 AND MANUFACTURERS RECOMMENDED PROCEDURE. GEOTECHNICAL ENGINEER AT PERCENTAGE OF OPTIMUM MOISTURE CONTENT. EMPLOY WATERING EQUIPMENT FOR DUST CONTROL 6. PVC PIPE FOR SEPTIC PIPING SHALL BE SCHEDULE 40 WITH SOLVENT CEMENT JOINTS. 20. THE CONTRACTOR SHALL REPAIR PAVEMENTS BY INSTALLING TEMPORARY AND PERMANENT PAVEMENTS IN PUBLIC RIGHTS 7. MANHOLE SECTIONS AND CONSTRUCTION SHALL CONFORM TO ASTM C-478. OF WAYS AS REQUIRED BY LOCAL GOVERNING AUTHORITIES AND THE NEW YORK STATE DOT AS APPLICABLE ANC PER PERMIT REQUIREMENTS DUE TO DEMOLITION AND PIPE REMOVAL ACTIVITIES. 8. HIGH DENSITY POLYETHYLENE (HDPE) STORM SEWER 12" OR GREATER IN DIAMETER SHALL BE HI-Q SUtRE-LOK 10.8 PIPE 21. THE CONTRACTOR SHALL RESTORE ,ANY UTILITY STRUCTURE, PIPE, UTILITY, PAVEMENT, CURBS, SIDEWALKS, DRAINAGE AS MANUFACTURED BY HANCOR INC. OR APPROVED EQUAL. HDPE PIPE SHALL HAVE SMOOTH INTERIOR AND CORRUGATED STRUCTURE, SWALE, PAVEMENT MARKINGS OR LANDSCAPED AREAS DISTURBED DURING DEMOLITION TO THEIR ORIGINAL EXTERIOR AND SHALL MEET THE REQUIREMENTS OF AASHTO M294, TYPE S. PIPE SECTIONS SHALL BE JOINTED WITH BELL-AND-SPIGOT JOINT MEETING THE REQUIREMENTS OF AASHTO M294. THE BELL SHALL BE AN INTEGRAL PART OF THE CONDITION OR BETTER TO THE SATISFACTION OF THE OWNER, TOWN OF SOUTHOLD, SUFFOLK COUNTY, OR STATE OF NEW PIPE AND PROVIDE A MINIMUM PULL-APART STRENGTH OF 400 POUNDS. THE JOINT SHALL BE WATERTIGHIT ACCORDING TO THE YORK. REQUIREMENTS OF ASTM D3212. GASKETS SHALL BE MADE OF POLYISOPRENE MEETING THE REQUIREMENTS OF ASTM F477. 22. THE CONTRACTOR SHALL CUT AND REMOVE AT LUMINAIRE AND SIGN LOCATIONS ANY PROTRUDING CONDUITS TO 24" ALTERNATIVE HDPE PIPE MAY BE USED IF APPROVED BY THE ENGINEER AND OWNER'S CONSTRUCTION MANAGER PRIOR TO BELOW GRADE. THE CONTRACTOR SHALL REMOVE ALL CABLE AND CONDUCTORS FROM REMAINING LIGHTING AND SIGNING ORDERING. m. t CONDUITS TO BE ABANDONED. ANY REMAINING LIGHTING TO REMAIN IN PLACE SHALL BE RECIRCUITED OR REWIRED AS 9. HIGH DENSITY POLYETHYLENE (HDPE) STORM SEWER LESS THAN 12" IN DIAMETER SHALL BE HI-Q PIPE AS MANUFACTURED NECESSARY TO REMAIN IN OPERATION. BY HANCOR INC. OR APPROVED EQUAL. HDPE PIPE SHALL HAVE SMOOTH INTERIOR AND CORRUGATED EXTERIOR AND SHALL o CI MEET THE REQUIREMENTS OF AASHTO 252, TYPE S. PIPE SECTIONS SHALL BE JOINED WITH COUPLING BANDS OR EXTERNAL Ln 23. WORK ON THIS SITE SHALL BE INITIATED BY THE CONTRACTOR UNTIL A PRE-CONSTRUCTION MEETING WITH OWNER AND SNAP COUPLERS COVERING AT LEAST 2 FULL CORRUGATIONS ON EACH END OF THE PIPE. SILT-TIGHT GASKET CONNECTIONS m THE CIVIL ENGINEER IS PERFORMED. THE CONTRACTOR SHOULD BE AWARE OF ANY SITE INFORMATION AVAILABLE SUCH AS SHALL INCORPORATE A CLOSED SYNTHETIC EXPANDED RUBBER GASKET. MEETING THE REQUIREMENTS OF AASHTO D1056 GEOTECHNICAL AND ENVIRONMENTAL REPORTS. THE CONTRACTOR SHALL HAVE NEW YORK 811 MARK OUTS OF EXISTING GRADE 2A2. GASKETS SHALL BE INSTALLED ON THE CONNECTION BY THE PIPE MANUFACTURER. ALTERNA71VE HDPE PIPE MAY UTILITIES COMPLETED PRIOR TO MEETING. BE USED IF APPROVED BY THE ENGINEER AND OWNER'S CONSTRUCTION MANAGER PRIOR TO ORDERING. m 24. THE CONTRACTOR SHALL ARRANGE FOR AND INSTALL TEMPORARY OR PERMANENT UTILITY CONNECTIONS WHERE INDICATED N ON PLAN OR AS REQUIRED. MAINTAIN UTILITY SERVICES TO BUILDINGS TO REMAIN. CONTRACTOR TO COORDINATE WITH UTILITY 10. DUCTILE IRON PIPE SHALL CONFORM TO AWWA C151 FOR CLASS 52 WITH CEMENT LINING IN ACCORDANCE WITH ANSI A a PROVIDERS FOR INSTALLATION AND PAX UTILITY PROVIDER FEES. 21.4. FOR WATER MAINS AND SERVICES 3" ID AND LARGER. JOINTS SHALL BE MADE WITH CONCRETE THRIUST BLOCKS OR a WITH MEGAULUG RETAINER GLANDS OR WITH RODDING IN ACCORDANCE WITH PROJECT MANUAL SPECIFICATIIONS AND IN 25. THE CONTRACTOR SHALL NOT COMMENCE DEMOLITION OR UTILITY DISCONNECTIONS UNTIL AUTHORIZED TO DO SO BY THE ACCORDANCE WITH WATER UTILITY PROVIDER REQUIREMENTS TO EXTEND A MINIMUM OF 2 PIPE LENGTHS INI EITHER DIREC110N OWNER. FROM FITTINGS AND ELBOWS (40 FT MINIMUM). ALL OTHER JOINTS SHALL BE PUSH ON WITH RUBBER GASKETS (TYTON). USE Q OF OTHER TYPES OF RETAINER GLANDS SHALL REQUIRE USE WITH CLASS 53 OR GREATER DUCTILE IRON PIPE. DI STORM PIPE N 26. THE CONTRACTOR OR DEMOLITION CONTRACTOR SHALL INSTALL TEMPORARY SHEETING OR SHORING AS NECESSARY TO SHALL BE PUSH ON JOINT WITH RUBBER GASKET. z PROTECT EXISTING AND NEW BUILDINGS AND UTILITIES DURING CONSTRUCTION AND DEMOLITION. SHEETING OR SHORING SHALL BE DESIGNED BY A PROFESSIONAL ENGINEER, LICENSED IN THIS STATE AND EVIDENCE OF SUCH SUBMITTED TO THE OWNER PRIOR TO INSTALLATION. co w 0 ck� 27. NO SALVAGE SHALL BE PERMITTED UNLESS PAID TO THE OWNER AS A CREDIT. 28. ANY EXISTING POTABLE WELL AND ,ANY EXISTING SEPTIC TANKS/ABSORPTION AREAS SHALL BE ABANDONED AND REMOVED z tO PER THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND SUFFOLK COUNTY HEALTH CODE REQUIREMENTS. O V) W ao 29. ARCHITECT OR ENGINEER IS NOT RESPONSIBLE FOR SITE SAFETY MEASURES TO BE EMPLOYED DURING CONSTRUCTION. ui 0 THE ARCHITECT AND ENGINEER HAS NO, CONTRACTUAL DUTY TO CONTROL THE SAFEST METHODS OR MEANS OF THE WORK, Of JOBSITE RESPONSIBILITIES, SUPERVISION OR TO SUPERVISE SAFETY, AND DOES NOT VOLUNTARILY ASSUME ANY SUCH DUTY OR o z.= RESPONSIBILITY. U X 30. THE CONTRACTOR SHALL COMPLY WITH CFR29 PART 1926 FOR EXCAVATION, TRENCHING, AND TRENCH PROTECTION REQUIREMENTS. Designed .A.K. xDrawn K.A.K. N 31. THE EXISTING BUILDING AND PARKING AREA AND DRIVEWAYS SHALL REMAIN OPEN FOR NORMAL BUSINESS OPERATIONS K.M.I. T UNTIL COMPLETION AND OCCUPATION OF THE NEW BUILDING. Checked Approved M.M.C. 3 Scale o Project No. 15C5450 / I Date 09/10/15 toU CAD File: z RECEIVED GN15C545001 3 U) FR 2 � 2016 Title LO F to TONING BOARD OF APPEALS GENERAL NOTES U N O oLOSheet No.�, . =,r. ...rru.,. ....•.;, . 0 3 U W x Y M GN - 1 0 N N a w N 02016 BL COMPANIES. INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY ANY PERSON. FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES. x UTILITIES CONSTRUCTION NOTES 1. CONTRACTOR IS RESPONSIBLE FOR CONTACTING THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, TO SECURE CONSTRUCTION PERMITS AND FOR PAYMENT OF FEES FOR STREET CUTS AND CONNECTIONS TO EXISTING UTILITIES. Companies 2. THE CONTRACTOR SHALL PROVIDE AND MAINTAIN TRAFFIC DEVICES FOR PROTECTION OF VEHICLES AND PEDESTRIANS CONSISTING OF DRUMS, BARRIERS, SIGNS, LIGHTS, FENCES AND UNIFORMED TRAFFIC CONTROLLERS AND UNIFORMED TRAFFIC ARCHITECTURE OFFICERS AS REQUIRED, OR AS ORDERED BY THE ENGINEER OR AS REQUIRED BY THE LOCAL GOVERNING AUTHORITIES OR AS ENGINEERING REQUIRED BY PERMIT STIPULATIONS. ENVIRONMENTAL LAND SURVEYING 3. THE PLAN DETAILS SITE INSTALLED PIPES UP TO 5' FROM THE BUILDING FACE. REFER TO DRAWINGS BY OWNERS CHOICE FOR BUILDING CONNECTIONS. SITE CONTRACTOR SHALL SUPPLY AND INSTALL PIPE ADAPTERS AS NECESSARY AT BUILDING CONNECTION POINT OR AT EXISTING UTILITY OR PIPE CONNECTION POINT. 355 Research Parkway 4. THE CONTRACTOR SHALL VISIT THE SITE AND VERIFY THE ELEVATION AND LOCATION OF ALL UTILITIES BY VARIOUS MEANS Meriden,CT 06450 PRIOR TO BEGINNING ANY EXCAVATION. TEST PITS SHALL BE DUG AT ALL LOCATIONS WHERE PROPOSED SANITARY SEWERS (203)630-1406 AND WHERE PROPOSED STORM PIPING WILL CROSS EXISTING UTILITIES, AND THE HORIZONTAL AND VERTICAL LOCATIONS OF THE (203)630-2615 Fax U11LITIES SHALL BE DETERMINED. THE CONTRACTOR SHALL CONTACT THE CIVIL ENGINEER IN THE EVENT OF ANY DISCOVERED OR UNFORESEEN CONFLICTS BETWEEN EXISTING AND PROPOSED SANITARY SEWERS, STORM PIPING AND UTILITIES SO THAT AN APPROPRIATE MODIFICATION MAY BE MADE. 5. UTILITY CONNEC11ON DESIGN AS REFLECTED ON THE PLAN MAY CHANGE SUBJECT TO UTILITY PROVIDER AND GOVERNING AUTHORITY STAFF REVIEW. 6. THE CONTRACTOR SHALL ENSURE THAT ALL UTILITY PROVIDERS AND GOVERNING AUTHORITY STANDARDS FOR MATERIALS �1 AND CONSTRUCTION METHODS ARE MET. THE (CONTRACTOR SHALL PERFORM PROPER COORDINATION WITH THE RESPECTIVE UTILITY PROVIDER. r- K n llu w 7. THE CONTRACTOR 'SHALL ARRANGE FOR AND COORDINATE WITH THE RESPECTIVE U11UTY PROVIDERS FOR SERVICE INSTALLATIONS AND CONNECTIONS. THE CONTRACTOR SHALL COORDINATE WORK TO BE PERFORMED BY THE VARIOUS UTILITY r� PROVIDERS AND SHALL PAY ALL FEES FOR CONNECTIONS, DISCONNECTIONS, RELOCATIONS, INSPECTIONS, AND DEMOLITION UNLESS OTHRWISE STATED IN THE PROJECT SPECIFICATIONS MANUAL AND/OR GENERAL CONDITIONS OF THE CONTRACT. ®FESS10 8. ALL EXISTING PAVEMENT WHERE UTILITY PIPING IS TO BE INSTALLED SHALL BE SAW CUT. AFTER U1ILITY INSTALLATION IS ^`' COMPLETED, THE CONTRACTOR SHALL INSTALL TEMPORARY AND/OR PERMANENT PAVEMENT REPAIR AS DETAILED ON THE DRAWINGS OR AS REQUIRED BY THE OWNER WAVING JURISDICTION. 9. ALL PIPES SHALL BE LAID ON STRAIGHT ALIGNMENTS AND EVEN GRADES USING A PIPE LASER OR OTHER ACCURATE METHOD. 10. SANITARY OR SEPTIC LATERAL SHALL MAINTAIN (10' MIN. HORIZONTAL 1.5' VERTICAL MIN.) SEPARATION DISTANCE FROM WATER LINES, OR ADDITIONAL PROTECTION MEASURES WILL BE REQUIRED WHERE PERMITTED, WHICH SHALL INCLUDE CONCRETE ENCASEMENT OF PIPING UNLESS OTHERWISE DIRECTED BY THE U1ILITY PROVIDERS AND CIVIL ENGINEER. 11. RELOCATION OF UTILITY PROVIDER FACILITIES SUCH AS POLES, SHALL BE DONE IN ACCORDANCE WITH THE REQUIREMENTS OF THE UTILITY PROVIDER. 12. THE CONTRACTOR SHALL COMPACT THE PIPE BACKFILL IN 8" LIFTS ACCORDING TO THE PIPE BEDDING DETAILS. TRENCH BOTTOM SHALL BE STABLE IN HIGH GROUNDWATER AREAS. A PIPE FOUNDATION SHALL BE USED PER THE TRENCH DETAILS AND IN AREAS OF ROCK EXCAVATION. 13. CONTRACTOR TO PROVIDE STEEL SLEEVES AND ANNULAR SPACE SAND FILL FOR UTILITY PIPE AND CONDUIT CONNECTIONS UNDER FOOTINGS. 14. BUILDING U1ILITY PENETRATIONS AND LOCATIONS ARE SHOWN FOR THE CONTRACTOR'S INFORMATION AND SHALL BE J VERIFIED WITH THE BUILDING MEP DRAWINGS AND WITH THE OWNER'S CONSTRUCTION MANAGER. 15. ALL UTILITY CONSTRUCTION IS SUBJECT TO INSPECTION FOR APPROVAL PRIOR TO BACKFILLING, IN ACCORDANCE WITH THE APPROPRIATE UTILITY PROVIDER REQUIREMENTS. O 16. A ONE—FOOT MINIMUM VERTICAL CLEARANCE BETWEEN WATER, GAS, ELECTRICAL, AND TELEPHONE LINES AND STORM W Q PIPING SHALL BE PROVIDED. A SIX—INCH MINIMUM CLEARANCE SHALL BE MAINTAINED BETWEEN STORM PIPING AND SANITARY n/ O W SEWER WITH A CONCRETE ENCASEMENT. AN 18—INCH TO 6—INCH VERTICAL CLEARANCE BETWEEN SANITARY SEWER PIPING AND LJ_ STORM PIPING SHALL REQUIRE CONCRETE ENCASEMENT OF THE PROPOSED PIPING. z 17. SITE CONTRACTOR SHALL PROVIDE ALL BENDS, FITTINGS, ADAPTERS, ETC., AS REQUIRED FOR PIPE CONNECTIONS TO z BUILDING STUB OUTS, INCLUDING ROOF/FOOTING DRAIN CONNECTIONS TO ROOF LEADERS AND TO STORM DRAINAGE SYSTEM. dui CQ W 18. MANHOLE RIMS AND CATCH BASIN GRATES SHALL BE SET TO ELEVATIONS SHOWN. SET ALL EXISTING MANHOLE RIMS AND V) G D VALVE COVERS TO BE RAISED OR LOWERED FLUSH WITH FINAL GRADE AS NECESSARY. OO 19. THE CONTRACTOR SHALL RESTORE ANY UTILITY STRUCTURE, PIPE, UTILITY, PAVEMENT, CURBS, SIDEWALKS, DRAINAGE STRUCTURE, SWALE, PAVEMENT MARKINGS OR LANDSCAPED AREAS DISTURBED DURING CONSTRUCTION, TO THEIR ORIGINAL C) COND111ON OR BETTER TO THE SATISFACTION OF THE OWNER, TOWN OF SOUTHOLD, SUFFOLK COUNTY, AND STATE OF NEW O 00 U YORK. 04 20. INFORMATION ON EXISTING UTILITIES AND 'STORM DRAINAGE HAS BEEN COMPILED FROM AVAILABLE INFORMATION INCLUDING V UTILITY PROVIDER AND MUNICIPAL RECORD MAPS AND/OR FIELD SURVEY AND IS NOT GUARANTEED CORRECT OR COMPLETE. UTILITIES AND STORM DRAINAGE ARE SHOWN TO ALERT THE CONTRACTOR TO THEIR PRESENCE. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR DETERMINING ACTUAL LOCATIONS AND ELEVATIONS OF ALL UTILITIES AND STORM DRAINAGE INCLUDING SERVICES. CONTACT NEW YORK 811 AT 811 72 HOURS PRIOR TO CONSTRUCTION AND VERIFY ALL UNDERGROUND AND OVERHEAD UTILITY AND STORM DRAINAGE LOCATIONS. THE CONTRACTOR SHALL EMPLOY THE USE OF A UTILITY LOCATING COMPANY TO PROVIDE SUBSURFACE U1ILITY ENGINEERING CONSISTING OF DESIGNATING UTILITIES AND STORM PIPING ON PRIVATE PROPERTY WITHIN THE CONTRACT LIMIT AND CONSISTING OF DESIGNATING AND LOCATING WHERE PROPOSED UTILITIES AND STORM PIPING CROSS EXISTING UTILITIES AND STORM PIPING WITHIN THE CONTRACT LIMITS. 21. THE CONTRACTOR SHALL ARRANGE AND COORDINATE WITH U1ILITY PROVIDERS FOR WORK TO BE PERFORMED BY UTILITY PROVIDERS. THE CONTRACTOR SHALL PAY AL.L UTILITY FEES UNLESS OTHERWISE STATED IN THE PROJECT SPECIFICATION MANUAL AND GENERAL CONDITIONS, AND REPAIR PAVEMENTS AS NECESSARY. 22. INSTALLATION OF ELECTRIC, AND TELEPHONE SERVICES SHALL BE EXTENDED FROM THE EXISTING BUILDING OR AS DIRECTED BY PSEG LONG ISLAND OR GOVERNING UTILITY COMPANY. 23. ALL WATER LINES TO HAVE A MINIMUM COVER OF 4.5 FEET. ALL LINES SHALL BE BEDDED IN 6" SAND AND INITIALLY BACKFILLED WITH 12" SAND. 24. ALL WATER MAINS, WATER SERVICES AND SANITARY SEWER LATERAL SHALL CONFORM TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, APPLICABLE WATER UTILITY PROVIDER SPECIFICATIONS, AS WELL AS TO OTHER APPLICABLE z INDUSTRY CODES AND PROJECT SPECIFICATIONS FOR POTABLE WATER SYSTEMS. 0 25. ALTERNATIVE METHODS AND PRODUCTS OTHER THAN THOSE SPECIFIED MAY BE USED IF REVIEWED AND APPROVED BY THE OWNER, ENGINEER, AND APPROPRIATE REGULATORY AGENCIES PRIOR TO INSTALLATION. Z) N 26. THE CONTRACTOR SHALL MAINTAIN ALL FLOWS AND UTILITY CONNECTIONS TO EXISTING BUILDINGS WITHOUT INTERRUPTION ¢ UNLESS/UNTIL AUTHORIZED TO DISCONNECT BY THE OWNERS, THE CIVIL ENGINEER, UTILITY PROVIDERS AND GOVERNING N AUTHORITIES. w 27. ANY EXISTING POTABLE WELL AND ANY SEP11C TANKS/ABSORPTION AREAS TO BE REMOVED SHALL BE ABANDONED AND X REMOVED PER THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND SUFFOLK COUNTY HEALTH CODE REQUIREMENTS. ¢ w a- 28. THE CONTRACTOR MAY SUBSTITUTE MASONRY STRUCTURES FOR PRECAST STRUCTURES IF APPROVED BY THE CIVIL a ENGINEER AND ALLOWED BY THE GOVERNING AUTHORITY ENGINEER OR OTHER GOVERNING AUTHORITY, o 0 z ¢ J 0 ui 0 W N tD O \ N 000 5 0\ w 0- 6 z.= v X X X Designed XDrawn K.A.K. 4- N Checked K.M.I. N 1 z Approved M.M.C. c� 3 Scale Project No. 15C5450 0 X Date 09/10/15 z ^ CAD File: GN15C5450,01 o Titleto o RECEIVED tLO o GENERAL NOTES U t v FEB2, '412016 i m ZONING BOARD OF AF'F't 71 .es Sheet No. LO 0 LO 3 0 w x N Y m GN -2 is O N N (02016 BL COMPANIES. INC. THESE DRAWINGS SHALL NOT BE UTILIZED BY .ANY PERSON. FIRM OR CORPORATION WITHOUT THE SPECIFIC WRITTEN PERMISSION OF BL COMPANIES. 1. SET POSTS AND 2. ATTACH FILTER FABRIC EXCAVATE A 6"'.X6" TO THE POSTS POSTS TRENCH, SET POST FENCE AND EXTEND IT TO DOWNSLOPE. THE TRENCH. ANGLE 10' Companies UPSLOPE FOR STABILITY AND SELF CLEANING 1" REBAR FOR BAG 100' REMOVAL FROM INLET " SEE PLANS FOR WIDTH " 2 2 ARCHITECTURE ENGINEERING ENVIRONMENTAL ' \/ \/ \/ •, %/\\/\\ 12" MIN. \ \\/ / 1-1/2" LAND SURVEYING \\\�• j DEPTH 2-1/2" .. . _.,:...., X� °; :° ° • °:e° " 355 Research Parkway 4 Meriden,CT 06450 o,o . o;o (203)630 1406 (203)630-2615 Fax 3. BACKFILL THE EXPANSION1-1/2" WEARING COURSE TRENCH AND RESTRAINT . ._...•., „..:...... ....:: :...,.,,. ,... ,., COMPACT THE 1/4" NYLON 2-1/2" BINDER COURSE EXCAVATED SOIL. ...... ROPE SILTSACK 3' " " ✓ �- � COMPACTED 2"x2"x3/4" � ® 4/COMPACTED BASE COURSE �� , f i' C tp i BACKFILL RUBBER 3 4 STONE BLEND OR CRUSHED CONCRETE NOTE: ? c� BLOCK COMPACTION TO BE COMPLETED ® Q IN 4" LIFTS ,-� u' \\�\/ ALL DEPTHS SHOWN ON THIS m ...m p PLAN ARE AFTER COMPACTION u BOTTOM OF u AR�FESSIC)�'F�. DRAINAGEWAY - 4 . . D PARKING AREAS NOTE: REGULAR FLOW = 40 GAL./MIN./SF o' B 000 A HIGH FLOW = 200 GAL./MIN./SFD BITUMINOUS CONCRETE PAVEMENT SECTIONS s.. o A e N.T.S. ZPC-005 LL. ELEVATION POINTS "A" SHOULD BE HIGHER THAN POINT "B". PLAN VIEW SILT FENCE BARRIER N.T.S. CTEC-003 SILTSACK DETAIL N.T.S. BLEC-005 Q 0 W Q OW0� 0 z z W QL EXPANSION JOINTS 20'-0" oc. MAXIMUM V) G Z) 0 Lo 0 4 SPACES @ 5'-0" oc. OR AS DIRECTED OR SHOWN ON THE SITE PLAN 0 O SEE LAYOUT & SITE IMPROVEMENT PLAN FOR ALTERNATE SCORING PATTERN a O 00 U DUMMY JOINT( TYP.) N 1 o'-o"t 691 Q A A ctU MINIMUM 6'-0" 1/4" PITCH Q a J Q W JOINT R=1" R=1/4" w N W V) --�- 1/2" EXPANSION JOINT 1/2" EXPANSION JOINT --�-- SURFACE w OF 6" a PAVEMENT < LAWN OR PLANTING IF SHOWN ON SITE PLAN PAV'T. 00 CURB OR GUTTER LINE ,. .+. R=1/8" 1" PLAN VIEW 9" DUMMY JOINT 6" x 6" W1.2xW1.:2 WWF x...... N.T.S. DUMMY JOINJT O_ 4' 1/2" EXPANSION JOINT ~�~ WITH SEALANT CONCRETE CURBING --X---: N.T.S. ZPC-054 8" 8" ROLLED GRAVEL BASE CWQ m N I SECTION A-A W Q W CONCRETE SIDEWALK DETAIL Q U (A 0 N.T.S. BLSR-001 a J In>: a)W O� O N a)00 S a� W o— a- 6 z.= U N X Designed K.A.K. X Drown K.A.K. N Checked K.M.I. oApproved M.M.C. Scale Project No. 15C5450 0 0 Date 09/10/15 LO Z \'tiOF�,IF�� CAD File: DN15C545001 ,xi ,..�Y.....,,. s,F�. Title F In v OP ®� P"p�P ?oN�NG� SITE DETAILS u, i m i� 0 Sheet No. o 'd' 3 o Y m DN - 1 O N N w N X (f 19MR RI rY1AAPANwcz INr` TNFCF npawNm CNAI I Nf1T RF I ITII 171711 RY ANY PPPCnkl PIMA f1R rY1RPr1PA nnN WITWnI IT THF CPPf IFIr VJRITTFN PFRWIC1QIf1N !117 RI mkAPANIFC EDGE OF TRENCH SUPPORT SYSTEM AS REQUIRED y TRENCH WIDTH POA NTED YELLOWUNDED CONCRETE TOP \/ O.D. + 2'-0" MIN. \\/ /��\j/vj� d Companies SUITABLE BACK FILL TYPE GW, GP, SW, SP PER UNIFIED SOIL CLASSIFICATION SYSTEM ARCHIN E U RE ENGINEERING OR AS APPROVED BY SITE ENGINEERENVIRONMENTAL COMPACTED TO 95% MAX. DRY DENSITY ml 6" DIA. STEEL POST WIDTH "W" LAND SURVEYING IN LIFTS (8" TYPICAL) PER ASTM FILLED WITH CONCRETE 12' TYP. (ONE-LANE) .. .L,<.., .........<,r.. ..._,.,.. z.,_ D1557 (MODIFIED PROCTOR TEST) AND PAINTED YELLOW I 24' TYP. (TWO-LANE) 140 04 '4 oa 355Rway O GRADE Meriden,CT 06450 e 6" ( 630-1406 �O D 0 3/4" CRUSHED STONE 0 0o O o s3 CRUSHED STONE OR GRAVEL o3) (203)630- Fax 00 1.2 SLOPE TYP. O INSTALL CLAY DAM WATER STOP p GEOTEXTILE STABILIZATION— 6" MIN. p0 Op 2' (MIN.) THICKNESS AT 50' C-C = _ a = _ STRENGTH CLASS � ''��+' opo CRADE TO DRAIN �° o •' °=1 I EI 11=1 I _ SURFACE FLOW i FILL MEETING THE REQUIREMENTS IN DIRECTION OF 1'-0" MIN. go o II ITI=II ° ; IIF DIRECTION EMBANKMENT MATERIAL r RUNOFF FLOW ,. IN ROCK p o op 6.. o dI I=1 III=1 OF SURFACE z;,, 1��111-11 IIEIII=I�F 1'-0" O.D. 1'-0" BOTTOM OF TRENCH -111=1— — 1 _ MIN. 18" DIA. } T—I a I CONCRETE BASE \ \I t \ t/ 1 \/ � r r I y LU u SPECIAL FOUNDATION IF ORDERED BY r�1-11 111-1i 1 �p 0. # 2 MAX. +� �'. —II— IIS �6" N �� t ENGINEER - 3/4" CRUSHED STONE TO BE INSTALLED TO DEPTH 0FE_SSI0)'%'4 DETERMINED BY GEOTECHNICAL ENGINEER IN PEAT AND UNSUITABLE SOIL AREAS PROTECTIVE POST (BOLLARD) DETAIL N.T.S. BLSE-005 TYPICAL SANITARY SEWER TYPICAL CONSTRUCTION ENTRANCE TRENCH SECTION N.T.S. CT DEEP CE-2 N.T.S BLSS-010 Q O SOIL/AGGREGATE STOCKPILE OF ui Q O W EXISTING SITE MATERIAL TO BE ry REUSED AND/OR NEW MATERIAL TO BE INSTALLED IN THE WORK 0 z z W GC VJ ccG V DIRECTION OF RUN-OFF 1" DIA. HOLE, TYP. O L0 FLOW (TYP.) WITH J" REBAR 0 EMBEDDED 12" INTO O PAVEMENT O CO U N � NOTES: 1. ALL EXISTING EXCAVATED MATERIAL O O LL THAT IS NOT TO BE REUSED IN THE n WORK IS TO BE IMMZDIATELY REMOVED �-+- FROM THE SITE AND PROPERLY DISPOSED OF. PLAN 2. SOIL/AGGREGATE STOCKPILE SITES TO BE WHERE SHOWN ON THE DRAWINGS. 3. RESTORE STOCKPILE SITES TO 6'-0" PRE-EXISTING PROJECT CONDITION AND RESEED AS REQUIRED. 4. STOCKPILE HEIG�iTS MUST NOT 12" EXCEED 35'. STOCKPILE SLOPES MUST DOUBLE ROW OF SILT FENCING BE 2:1 OR FLATTER. MATERIALS STOCKPILE DETAIL z N.T.S. BLEC-006 FRONT ELEVATION o V) m Z) Ln 51/2 m #4 REINFORCING RODS N N I Q Li Of Q • • W 7" Q 2 1/2" • • N 0 10" ai> ouJ SIDE ELEVATION V o ui Co PRECAST CONCRETE WHEEL STOP uJ N.T.S. ZPC-041 6 z U to X X Designed K.A.K. x Drawn K.A.K. N Checked K.M.I. oApproved M.M.C. 3 Scale 0 0 Project No. 15C545 Date 09/10/15 LO Ln CAD File: z /n ' DN15 qq Title 0 0 u� ��LCcVE1?' SITE DETAILS o Sheet No. o d. o 0 O V 3to N m DN -2 Y O N N N d N ( X qmA RI (YIMPANIFC INf TNFCF nPAWWGC CNAII NnT RF IITIIIMM RY ANY PFPC(1N FIRM nP rMPOPAMN 1MTN01IT T419r CPF(`IFIr WRITTFN PFRMICCinm nF RI (KIMPANIFC V ADDRESS: OFFICE LOCATION: ti s® MAILING N Town Hall Annex ��0 u�jjfil® P.O.Box 1179 54375 State Route 25 ,`® �® Southold,NY 11971 YA (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 www.southoldtownny.gov a� 71�C4U�VTY,�� RECEW PLANNING BOARD OFFICE MAR TOWN OF SOUTHOLD ZOWNG BOARD of - MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald Wilcenski, Chairman Members of the Planning Board Date: March 23, 2016 Re: Request for Comments re: ZBA#6941 - Terp, Alfred SCTM#1000-102-5-4 At the request of the Zoning Board of Appeals, the Planning Board has reviewed the request for comments for the above action. The Planning Board supports the Variance as requested due to the following: 1. The building location would maintain the "street wall". 2. The location of the building will support community character of the Cutchogue Hamlet Center historic build-out. The placement of the building close to the roadway, with adequate sidewalks, achieves pedestrian flow and building form indicative of the historic build-out of the hamlets. 3. The building location would not impede pedestrian flow over existing sidewalks. Thank you for this opportunity to review the action, and please feel free to call this office with any questions. cc: Stephen Kiely, Assistant Town Attorney LOUNTY OF SUFFOLK fRECEWED MARIE 2016 - A4 Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment March 10, 2016 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14=14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears-to-be-lib significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Terp, Al Jr. #6941 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 I MAILING ADDRESS: PLANNING BOARD MEMBERS DIM , P.O.Box 1179 DONALD J.WILCENSKI Southold,NY 11971 Chair OFFICE LOCATION: y i, W i r• WILLIAM J.CREMERS xn Town Hall Annex ,�,�r� .r...� ,�" ; PIERCE RAFFERTY ;, ., yCa 54375 State Route 25 JAMES H.RICH III 4 (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR �OUNSouthold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 2016 Ms. Marie Terp P.O. Box 64 Southold, NY 11971 Re: Proposed Site Plan for Terp Retail 28095 Main Road, ±130' n/e/o Griffing Street & NYS Rt. 25, Cutchogue SCTM#1000-102-5-3, 4 Dear Ms, Terp: The Planning Board, at the Work Session held on October 24, 2016, discussed the need for a Visual Impact Study for the proposed building. Due to concerns regarding the proposed building's impact on the community character of the hamlet of Cutchogue; the Planning Board has determined that a Visual Impact Analysis will be required to assess the mass and scale of the building as it relates to the streetscape and architecture of the hamlet. This analysis must include a photo-simulation of the proposed building as it would appear in context with what exists at the site currently, and in context with the larger area of the hamlet center. It is important to note that State Route 25 (SR 25) is designated a Scenic Corridor by New York State. Vantage points from several locations along SR 25 will be required in the photo- simulations and must include the structures to the east and west of the subject parcel, and views from, but not limited to: - Intersection of New Suffolk Road and SR 25; - East and west bound approaches on SR 25; -Various points on Griffing Street. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Ve :trul,y;yours, Brian Cummings Planner cc: Steven Pinzino, Esq. BOARD MEMBERS 40 Southold Town Hall Leslie Kanes Weisman,Chairperson �O�QF s®�T�l 53095 Main Road - P.O.Box 1179 � p ® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® yo 54375 Main Road(at Youngs Avenue) Kenneth Schneider pn�C®U � Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax (631)765-9064 MEMORANDUM To: Donald J. Wilcenski, Chairman Members of the Planning Board Heather Lanza, Director of Plannin From: Leslie Weisman, ZBA Chairperso Date: August 26, 2016 C r RE: ZBA file# 6941 Alfred J. Terp, 28095 Route 25, Cutchogue,NY On April 7, 2016 the Zoning Board of Appeals adjourned the above referenced application subject to the Planning Board's SEQRA determination, as lead agency, in this coordinated review. In the interim, the ZBA would like to offer the following comments. The requested variance relief is for a 5 foot front yard setback where the code requires a minimum of 15 feet on the subject property. This variance would bring the proposed new building into alignment with the existing building to the west. This alignment will maintain the street wall, thereby reflecting the character of the community, and promoting the goal of pedestrian activity in the HB Zone District. We are also in receipt of the Planning Board's written comments supporting the variance relief, for essentially these same reasons. However, we have concerns that the 81 foot+/-width of the proposed new 5,573 square foot retail building will adversely impact the existing scale and character of Cutchogue's Main Street, especially when considering the combined visual impact with the adjacent building to the west. We suggest that the Planning Board and Mr. Terp work together to amend his current architectural plans to mitigate potential adverse impacts by reducing the width of the proposed building and through applying other mitigating measures the Planning Board may identify. Thank you for the opportunity to submit these comments ® t.(- Architecture . Engineering An Employee-Owned Company ' Environmental .� Land Surveying Companies February 22,2016 RECEIVED Southold Zoning Board of Appeals FEB 2 4 2016 Town Hall Annex Building 54375 Route 25 ZONING BOARD OF APPIAL9 P.O. Box 1179 Southold,NY 11971 RE: 28095 Main Road, Cutchogue,NY This letter is in response to the question received from your office by Patria C. Moore,Attorney at Law,and subsequently forward to our office,regarding the front yard setback from the closest point of the overhang to the property line. The Site Plan depicts a 13.1' setback from the face of the proposed building to the property line. The proposed building has been designed to align with the existing building on the corner,which is to remain. The proposed building also proposes an overhead roof which will align with and attach to the existing overhead roof of the remaining building. The architectural plans provided depict 1'4" columns approximately 8' from the face of the proposed building to support the roof with approximately 1'of the roof overhanging the column. Therefore,the anticipated setback of the proposed building columns would be 5.1' from the front property line, and the setback of the overhang would be approximately 4.1' from the property line.The proposed building/addition is slated to replace the existing pharmacy building,which will be demolished, that is currently setback approximately 2.4' from the front property line. Please do not hesitate to contact me if you have any questions or require additional information. Respectfully submitted, 4Karenwood,P.E. Project Manager Cc: Patricia Moore Al Terp, Sr. 355 Research Parkway • Menden,CT 06450 • T(203)630-1406 • F(203)630-2615• www blcompanies.com 6 ' Filed By« 'APP_LICATION_ TO THE-SOUTHOLD TOWN BOARD OF-APPEI ,2 2 2096 _ - .-AREAXARIAN_CE ZONING BOARD OF APPEALS House No. 28095 Street.Route.25 W-;_.Hamlet:;Cutchogue -may .; ;._-;.. _ SCTM 1000 Section 102 Block5 Lot(s) 3,4 &9.6 Lot Size 58985 Zone HB I(WE)APPEAL THE WRITTEN DETERMINATION OF THE'BUILDING INSPECTOR DATED_January�11_—_2016-BASED ON SURVEY/SITE PLAN DATED,`9-2o1-5 — Applicant(s)/Owner(s): AI_Terp___,_ AlwTerp Jr Mailing Address:gq,Pat.Moo-re___.__.__., 51.020.Main-Road.. . _NY__._ ___1,197_1 �m • - _ = - Telephone: (631) 765-4330 Fax: (631)765-4643 Email: mmoore0mooreattys„com NOTE:Iwaadditinn',to-the 0ave:•please complete below if application is signed by applicant's attorney,agent, architect,Builder,caintract vendee,etc.and name of person who agent represents: Name of Representative:..Patricia-0 _Moore--,. - -:- _----for(X)Owner( )Other: Address:_51020-Main Road- Southold NY 11971 Tele hone•_.631-765-1330- Fax: 63.1-765-4643_ _."" ” , p �__._r,�_ __�-_-_ _EmaiL•��o"�� '�r ����com _ ';�it�dt Please check to specify who you wish correspondence to be mailed to,from the above names: { )Applicant/Owner(s), (x)Authorized Representative, ( }Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED.,SURVE, �!$ l�l;'.1DPLAN January 11, 20 DATED_rs-2-Q-1 _ - ----rand DENIED AN APPLICATION DATED JR: ()o Building Permit { ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: X Section: =46 =Subsection:= = - - --__ Type of Appeal: An Appealis maale for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article--- _==-_ --Section. O Reversal or Other A prior appeal('+t)has, has not been made atuanv time with"respect to this nratiertv:�-" UC> "7 Year(s)... UNDER Appeal No(s). r -:(PteaseV be sure 10 research before completing this question or call our office for assistance) Name of Owner-,,, ZBA File# ` RECEI ED FEB 2 2 2016 REASONS FOR APPEAL (Please be specific, additional sheets may be used with prepar3gNING BOARD OF APPEALS signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: 3.The amount of relief requested is not substantial because: 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: k�j (�j V ✓ 5.Has the alleged difficulty been self created? { }Yes,or{ }No Why: Are there any Covenants or Restrictions concerning this land? { }No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. e of Applicant or Authorized Agent G (Agent must submit written Authorization from Owner) Swgxa,to before me this O day of 20 1 U . r N tary Public U BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Countp�,, i Commission Expires July 18 RECEIVED l REAS ONS_FOR-APPEAL.(additionatsheetc may he used with_menarer's.sirnature_notarize AREA VARIANCE REASONS: ZONING BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed building has been designed to be an extension of the existing building;, The existing building is at 15 feet from the,property line with a roof overhang which extends 1 feet and provides a covered walkway between the tenants. The proposed building will continue the overhang in line with the adjacent building to protect the pedestrian walkways. The existing commercial development promotes pedestrian activity and a "walkable hamlet". (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The overhang connects to the adjacent existing building. The owner's development design can not be achieved if the building is Set back or the overhang is eliminated. In addition the parking lot in the rear of the buildings provides parking for both the complex and also as public parking for the benefit of the Cutchogue hamlet. Pushing the building away from the front property line will reduce the municipal parking which is presently leased by the Town of Southold from the applicant. (3) The amount of relief requested is not substantial because: The building is a conforming 15',however,the roof overhang encroaches into-the front yard. The covered walkway protects the pedestrian activity and promotes the pedestrian movement in the hamlet. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No adverse environmental or physical impact to the neighborhood or the district will be caused by the variance. The proposed development will be connected to public water (per Wusly connected to a well) and the proposed building will conform to the newest safety cifti (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. The proposed will be a continuation of an existing building which was constructed under a previous code. The continuation of the C etbacks.for uniformity of design and function necessitates the variance. Are there Covenants and Restrictions concerning this land: E No. 0 Yes,(please- urnish•, APPLICANT'S PROJECT DESCRu ETON APPLICANT: Al Terp DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: existing 33'x 63' building RECEIVED FEB2016 II.New Construction Areas(New Dwelling or New Additions/Extensions): ZONING BOARD OF APPEALS Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: M.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: 5,573 new building with overhang for walkway IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: redevelopment of commercial property VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): flat property, a commercial property containing multiple tenants together with parking for the tenants and public parking with a municipal lease. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 q1 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION FEB 2 20, 2016 A. Is the subject premises listed on the real estate market for sale? Yes X No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? n/a 3.)Is the property bulk headed between the wetlands area and the upland building area? n/a 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? no If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? yes If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel commercial property and the proposed use commercial development (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS FEB 2 2 2016 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Al Terp AI Terp Jr 2. Address of Applicant: c/o Pat Moore 51020 Main Road NY 11971 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: commercial redevelopment of the owners property 6. Location of Property: (road and Tax map number) 102 5 3.4 & 9.6 7. Is the parcel within 500 feet of a farm operation? { } Yes { }No 8. Is this parcel actively farmed? { } Yes {�No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. . 2-a:=) (A �c l'�c�au P y 11933 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 02 / /7 e of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Al Terp FEB 2 2 2016 Project Location(describe,and attach a location map): 102 5 3,4 & 9.6 ZONING BOARD OF APPEAL` Brief Description of Proposed Action: commercial redevelopment of the owner's property Name of Applicant or Sponsor: Telephone: (631) 765-4330 Al Terp Al Terp Jr E-Mail: pcmoore@mooreattys.com Address: c/o Pat Moore City/PO: State: Zip Code: 51020 Main Road NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: pKu0912"rya -S, �l > � F� 3.a.Total acreage of the site of the proposed action? 58,985 sf acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial )(Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, I�E�EH� I� NO YES N/A a.A permitted use under the zoning regulations? x b.Consistent with the adopted comprehensive plan? FEB 2 2 2016 X 6. Is the proposed action consistent with the predominant character of the ekb&N IV I6EALS NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? K c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? /\ 9.Does the proposed action meet or exceed the state energy code requirements? NO ES If the proposed action will exceed requirements,describe design features and technologies: Y, 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: J MA X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: An te 4VIVej *►� 5 �" 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? x b.Is the proposed action located in an archeological sensitive area? x 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ", b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? x If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban 'Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, V a.Will storm water discharges flow to adjacent properties? �(NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ;(YES Page 2 of 4 { 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: A 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 1/ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: �( I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Date: c2 7— Signature: RECEIVED FEB 2 2 2016 Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Ans26N?kC6t&&Ul81yi*EALS questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? • 2. .Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural,resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED FEB 2 2 2016 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICAN /OWNER TRANSACTIONAL D RE 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 :��e��1�% ��1 C-lWevizF (Last name,first name,middle initial,un ss ou are applying in the name of someone else or other en l�Cc$sk��ia company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) FEB 2 2 2016 Tax grievance Building Permit Variance Trustee Permit ZONING BOARD OF APPEALS Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)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 spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 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 non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this' day of�d��Q/� ,20 I(o Signature IV V Print Name 4UA&G/ �j ��C.� Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS FEB 2 2 2016 ZONING BOARD OF APPEALS 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 proposed 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should'be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 102 -5 - 3,4 &9.6 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 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: commercial redevelopment of the owner's property Location of action:28095 Route 25 Cutchogue6q I Site acreage: 58,985 sf RECEIVED Present land use: commercial FEB 2 2 2096 Present zoning classification: H g ZONING FsOAku OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Al Terp AI Terp Jr (b) Mailing address: c/o Pat Moore 51020 Main Road NY 11971 (c) Telephone number: Area Code( ) (631) 765-4330 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? 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. x]Yes ❑ No ❑ 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 11 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 0 YesE] No © Not Applicable q I ( an existing building will be replaced with a new building which matches the character and architectural style of the existing building FEB 2 2 2016 Attach additional sheets if necessary ZONING BOARD OF APPEALS 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 0 Yes 0 No ® 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 11 Yes 0 No []Not Applicable the existing development will be connected to public water 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. R Yes 0 No[] Not Applicable f, 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. Applicable v ❑ Yes ❑ No� Not L q PP RECEIVED FEB 2 2 2096 ZONING BOARD OF APPEALS 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. ❑ YeEl 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. 0 Yes ❑ No ® Not Applicable r 1 RECEIVED FEED 2 2 2016 Attachadditional sheets if necessary ZONING SUARD OF APPEA 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❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LW" Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® 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 ❑ Not Applicable Created on 512510511:20 AM Alfred Terp Jr. Marie Terp PO Box 325 Cutchogue NY11935 December 21, 2015 ."'��0 9 Y/ RECEIVED Patricia C. Moore FEB 2 2 2016 51020 Main Road Southold NY 11971 ZONING BOARD OF APPEALS Dear Ms. Moore: We,Alfred Terp Jr. &Marie Terp, owners of property located 28195 Main Route 25, Cutchogue New York(sctm: 1000-102-5-4) hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Board, Planning Board, Suffolk County Board of Health, and any other agencies. Very truly yours, aj lr-cd Alfred Terp Jr. Marie Terp By Alfred Terp Sr., POA 12/21/2015 12:05 5166276EQ" PINZINO PINZINO„_ PAGE 07/08 i T FORM NO. 4 TOWN OF SOUTHOLD RECEIVED $UILDING DEPARTMENT Office-of the Building Inspector FEB 2 2016 Town hall Southold, N.Y. ZONING BOARD OF APPEALS PRE MISTING CERTIFICATE OF OCCUPANCY No: Z- 231.93 Date: 09/01/94 =S CERTIFTSS that the building _ _ BUSYNESS STRUCTURE _ Location of Property 28195 MAIN_ ROAD/ROUTE25 (MOUSE NO.) (STREET) (HAMLET) Co=ty Tax [Sap No. 473889 Section 102 Block 0005 Lot 004 Subdivision Filed 114P X'0. Lot NO. conforms si tantially to the Raquirements for a BU93:NzsS STRUCTURE _ built prior to APRIL 9, 1957 pursuant to wbdcbl CERTIFICATE OF occoftscY NUMBER 8-- 23193 dated SEPTEMBER 1, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued, is _ .A C-1 BUSINESS (PRESENTLY PHARMACY &_BEAUTY SHOP The certificate is issued to ALFRED J. TERP, SR. (OWNER) of the aforesaid building. 80 TOM CODWZY DEPARTMENT OF ENALTO'APPROVAL N/A ELECTRICAL CERTIFICATE NO. �A PT+UMERS C RTIFICALTIaN DATED N/A *PLEASE SEE ATTACHED INTSPECTION REPORT. zdatthc(rized tignature Rev. 1/81 10,81 Of - �ECEIVE� 2 2016 APPEALS 0 n a e i 9 5 i I 12/21/2015 12:05 5166276!-,"`- PINZINO PINZINO _ PAGE 06/08 4Ne. Town of Southold Annex 1/4/201.3 •_ � 1 L P.O.Boa 1179 �jD'�rj/� `� 54375 Main Road l% (4111"' Ili !p SoutboId,New York 11971 RECEIVED FEB 2 2 2016 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No: 36100 Date: 1/4/2013 THIS CERTIFIES that the b0dfing COMMERCIAL REPAIRS Location of Property: 28195 MAIN RD CUTCHOGUE, SCT'M/f: 473889 Sec/BlockfLot: 102.-54 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 6/24/2009 pursuant to which Buildbtg Permit No. 34811 dated 6/26/2009 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: Fire Rem lrs-In erior/Exterior Alterations to existitu`ggWw inial Buildim The c0rtiftcate is issued to ALFRED J JR&MARIE TERP (OWNFPI) _.. ....— -of the afaresaid building. SUFFOLK•COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED /Authofiz&Signature S I TOWN OF SOUTHOLD. NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE .Kc3y..11,.. 1967 Appeal No. 1087 Dated April 27, 1967 ] ACTION OF THE ZONING HOARD OF APPEAL OF TRE TOWN OF SOUTHOLD To Ed's Sign Service a/c Al's Liquor Store Appe'll'ant l 956 E. Main Street Griffin Street Riverhead, New York Cutchogue, New York at a meeting of the zoning Board of Appeals on Thursday, May 11, 1967 the apECEIVED was considered and the action indicated, below was taken on your ( ) Request for variance due to lack of access to property FEB 2 2 2016 (V Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) ZONING BOARD OF APPEALS 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ..... ... Section ........ ... .. Subsection paragraph •••...... . of the Zoning Ordinance, and the decision a the Building Inspector < ) be reversed ( ) be confirmed because 7:35 P.M. (E.D.S.T.), Upon application of Ed's Sign Service, 956 E. ,Main *trge1;, Riverhead, New York, a/c AlA s Liquor Store, Griffin Street, Cutchogue, New York„ for a special exception in accordance with the Zoning Ordinance., Article, IT, Section 408, Subsection :(N) for permission to erect a ground sign with instfificient setback. Location of property: northe ast side Main Road and Griffin Street, Cutchogue, New York, bounded north by Chas Schneider, east by,A.J.. Terp, south by Main Road, west By Griffin Street. $. VARIANCE.$y resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would clot) produce practical difficulties or unnecessary hardship because ` SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties allke in the Immediate-vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not)change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. Cii,ay",•,f r�� G} 9 6', ZONINBOARD OF APPEALS , FORM zBa �. arbara C. Dittinann, ( Secretary ;i�, a: y - / q 4I DECEIVED FEB 2 2 2016 ZONING BOARD OF APPEALS After investigation and inspection'the Board finds that the applicant requests permission to erect a sign with excessise height. The sign will be approximately 23 feet from ground level. the Board finds this height is required so that the sign will be visible to passing traffic. The Board points out this sign is an on premises advertising sign, however, it is directional in nature. The property on which the sign is located is one of common ownership, occupied by a liquor store, variety store, drug store and barber shop. The location of this sign will not change the character of the district. $'he Board finds that the public convenience and welf�Lie and justice Will be--served and the legally established oripermitted use of neighborhood- property-and adjoining use districts will not be permanently or substantially injured and the sp1rit of the Ordinance will be observed. -Therefore, it was RESOLVED that Ed's Sign-Serwiee, 956 E. Main Street, Riverhead, New York, be granted permission on behalf of Al's Liquor Store, .Griffin Street, Cutchogue, New - York, to erect a sign with excessive height, subject, however, to the following conditions, on premises located on the north east side Main Road and Griffin Street, Cutchogue, New York: 1. The pole of the sign shall be located at least five feet from any property line and the sidewalk. 2. No part of the sign shall overhang the sidewalk. 3, The maximum height of the sign shall be 23 feet. 4. The sign is granted for one year only, renewable annually upon written application to the Board of Appeals. 5. The sign shall be subject to all subsequent changes in the Southold Town Building Zone Ordinance as it applies to signs. T SOUTHOLD TOWN BOARD OF APPEALS SOUTHOLD, L. 1., N. Y. 11971 APPEAL BOARD Telephone 766-2660 MEMBERS Robert W. Gillisple, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. May 1, 1968 Fred Hulse, Jr. Ed's Sign Service, a/ck* s Liquor Store 956 East Main Street Griffin Street Riverhead, N.Y. Cutchogue, N.Y. FEg � � 2016 Re: Appeal No. 1087 ZONING B®AR®OF APPEALS Dear ' Sir i This is to advise you that your special exception permission for your sign(s) which was the subject of the above mentioned appeal will expire on May 11, 1968 Please sign this letter at the space provided below and return promptly to this office, if you wish to renew your sign permission. Sin c rely, Robert W. Gillispie, Jr. v Chairman, Southold Town Board of Appeals /bd Signature of appellant . . 4.. ..z. . 1, z- (Please sign and return both copies) APPR D +feint a ltd of Appem giWWP69)-bets xr * Southold,NY Office xyt www.southoldtownr xy * Southold,NY-Offic, x7 b Bing Maps x )spreview?v=2&style=o&form=H PS F LT rom IE sa. Workspace Login Mattituck-Cutc... o www.southoldt... w"Home::High P... 4 Bing Maps jft WebCivil Supre... FedEx(}Trackin... b, Bing na MY STUFF HPU Office Supplies,... { os Maps Ne:.s Explore GUE X 0 Shate RECEIVED f=EB 2 2 205 _ W } J. GMK�•� 11� l _ t - w Main •, Main Rd TERP SCTM: 1000-102-5-3, 4 & 9.6 28095 Main Road, Cutchogue �, + ' t• } Am IST _f - � t S+- `- a _ t � 1 1 11 1 � RECEIVED ZONING BOARD OF APPEALS T lU 'i" CMOGUE DR V G5 kft TERP SCTM: 1000-102-5-3, 4 & 9.6 28095 Main Road, Cutchogue y -- � 222016 Wo, PARD OF APPEAI.� .._ Am _ � I Y_e " a"• ' TERP , 4b SCTM: 1000-102-5-3, 4 & 9.6 r in Road Cutcho ue - 28095 Ma g 1 f � 1 • 1 � `. i{Y r f=ps."'• `�-� �#; �! � � �`� � � ��� - - - a►s -' L •li.•�• � ter_--. �� 1 ���,. LEI _ .. �. .,�._.,,r�=yk.:-mss-. �x•-�v,«- •- _; �f gECEIVED FEB 2 2 `1016 �„'� . • h+,4.. �BONING BOARD UF APP f WU w w r z p +a Y - .x� t i 1 { TERP - SCTM: 1000-102-5-3, 4 & 9.6 28095 Main Road, Cutchogue RECEIVED gym; FEB 2 2 2016 �w ZONING BOARD OF APPEALS MIR q x ter" _ w }.. �. AA -- All TERP T _ SCTM: 1000-102-5-3, 4 & 9.6 =-1 28095 Main Road, Cutchogue RECIEVED FEB 2 2 2016 "-, BOARD OF APP ZONING i W EasyBxTransters ime 6:ttx.C�ilex ana Care6 __._ _ �b. r .n r 1 - TERP SCTM: 1000-102-5-3, 4 & 9.6 28095 Main Road, Cutchogue F'mss. •:� :. r c' _ � RS TOWN OF SOUTHOLD PROPERTY- RECORD CARD `r ' a14, NER STREET VILLAGE DIST, SUB. LOT FORMER OWNER N E 9L 're rirACR. ' � ^^ — S �y/1 pp TYPE OF BUILDING 4 t,419 A -� :7 �� � SEAS. VL FARM C8. misc. Mkt. Value q6 N LAND IMP, TOTAL DATE R E1�MA RIGS w LO Af A o o �"d O - / o0 o a _ �"`-G OG d Oe' i o � 0 Tai 6 - a Kra a , ,6 oaao! o f Q v� Q L . I If , '71 �-- � cow S re_ GE B �CONDiTlQN 15P `lk4o� re } Z,�3Z ��. 7�ot��. 5� �-- II NEW No L B 0 $7j As VE y, _ �. DS a 77 43 %0 a� c..s- - •l� t��o . o�ve 3 a 9-��� -CO�r aI�at�®n5 ,�Y r�/a.'I` 5°�a.-el -/� '�/s�' L0 # LL,� 9j�=JP �c� `'COh S r�r0� �.ate, ci- m ?Boo r- Til{able 2 ( � )y c, u-, NoQdlnd 3womplond FRONS AGE dN WATER RECEIVED `D 3rushland FRONTAGE ON ROAD jy FE g>9_ m DEPTH ®� Ir House Plot PEALS N ' ' BULKHEAD m Total DOCK m = , v w , a COLOR TRIM Lolo oLO - cn - W cn Q M o ( ` D o 1'71* 4�h±:LLl Foundation Bath /v Dinette M. Bldg. 60* 3"� - 3�Si o K. Extension :n Basement Floors 3 �� r IE j� Interior Finish LR _ 1 Ext. Walls Extension $ tJ p Q Extension .� Fire Place Heat f9 DR. Ln Type Roof Rooms 1st Floor �id4a�• 41-110-• 4— LO ._ Recreation Room Rooms 2nd Floor FIN. B. Porch LO Dormer Porch , Ln Breezeway Driveway �_7 Garage L 1 Lo N Patio BOA D O--APPEALS CN j, 'Totatl a� _ - .. = `f a�. -.�-�`-� - .f•.. i � ♦ _ rx; - w 12 J ►� '�T �` ■!■■■N■■■■at■■■R!■■■ NEED i!■ ■tel l -■tea■i • af - •': II µ .F .f ■R■■!■■! i'iMINS :■�!�■.■■■■. t tt ii --.. �::. ..�.... ..�_._._ � !�!■®■�■rid■■■Ls��►�� Rooms • . • TOWN OF SOUT.HOLD PROPERTY RECORD CARD OWNER STREET ' r 1 VILLAGE DIST. SIB. LOT r pp RMER NER N fI r V 1Q�- �S Y E TT �� i� Y. ACR. r g Q W TYPE OF BUILDING c W-1 wo if 44,46, /gra !n It� aG� RES. T ',� SEAS. VL. FARM COMM. CB. MICS. Mkt. ValueIn - 0 LAND IMA`. TOTAL DATE REMARKS Ln Lo Dd0 c� 00d 2 .floe- /ScrDda,ri�v' /�a,l. a �.. rr SKry,► ors r 10 G o 0:3 3 9 b O r cW owl car s e .�/ �1,ea R,ap �e✓Qh OnLO If D Ln AGE BUILDING CONDITIONLn r NEW NORMAL BELOW ABOVE LD FARM Acre Value Per Value + 2 Acre LnTillable FRONTAGE ON WATER BOARD OFAPPEALs Woodland FRONTAGE ON ROADLD Meadowlcnd DEPTH , ��o s✓d.a e04 m - House Plot BULKHEAD CD Total DOCK , Jaz Y w F -- " ■�liilil■■■■iii■1■■■iii=■■ii` 41 ' """ ■■■■■■■■M■■iiilii■■■■■ ■ —, 1.v :s.. . : ■f�■ MEMO ■■■■■■■ ■■M■R■■■■■■ i ■■■■■ -^_� - _ #M1■i1■it■ ■iMi�1MMMii■■■■■i■■i !■■■■i!■Mit!■■!■■■iiia ■■■ - ■moi■■■■■■■■�■i■ ■MN■■!■ iiMM!■■1■ii■ '!J■■ii■!■i MEMO■MM■i!M!<M■■1■■i EVEN ■■■�■1 • «M■iM■■iM■NUMMiM■iMi■ME SEMEMEMENINME MEN MOMME �i■i■ti■ ■■=■MEMO■■M■M■■WROMP.MO - ■■ ■OMO■OMMMO■■MiM■M002"NEON Interior Finish : - Rooms 2nd Floor m m a S _9_S TOWNOF SO ljTHO LD PROPERTY RECORD CARD - �O=W—N�ER STREET VILLAGE DIST SUB. LOT ACR. REMARKS 1 J Z S r - 1134$ 3a25 ,f . !9 a,z4,g_+ - mner '¢�fc TYPE OF BLD. N PROP. CLASS �J i l 1.�G3 m X` r ,Tr- U) r N LAND IMP. TOTAL DATE 0 0 cn Ln GENE � EB222016 Lo `-' m ZONING BOARD OF AP LD Lo v v FRONTAGE ON WATER TILLABLE Lo FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND v BULKHEAD HOUSE/LOT m TOTAL �;t; - Q� _ s' WN OF SOUTHOLD PROP. � RECORD CARD w OWNER STREET Z� �.�5 VILLAGE DIST. SUB. LOT 06,�Ocw p e- Oexc , FORMER OWNER E ACR - -,a5y n' p� � S s w TYPE OF BUILDING Vvr�f fa, s-� !`fir �o ��iner ar.. oa� RES. SEAS. VL 3 FARM COMM. C.B. MISC. Mkt. Value 0 LAND IMP. TOTAL DATE REMARKS U) L0 LL, 19 Pao 6 co '9rr A / O 0 d 113 / d 3 7 e a/v s- o A hv. 6 � l0 �� � G d 774Gq - G 6S' a t vz- s-�..� v2 - 5-5 Lil �5 10 - - 2ll� UL`baIteC I 00 ILI FARM Acre Value Per value' � j Acre (� LD Ln Tillable 1 2076 — m U') Tillable 2 ZAP Lo m Tillable 3 G BOARD DFA ftfts Lo Woodland ' FRONTAGE ON WATER Swampl-and Brushland FRONTAGE ON�ROAD - �rtJr� .n m House Plot DEPTH , �f-� ,� 3s � 2 z Oct N BULKHEAD N m Total ? ISRADOCK 12 RRR5 u�+fi 49.S. Asn r.0 !A r Fifk h 0 t Ami' 5 rore6 ELIZABETH A.NEVILLE,MMC ��® G� Town Hall,53095 Main Road TOWN CLERK a P.O.Box 1179 � Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® .� Fax(631)765-6145 MARRIAGE OFFICER �� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®.( www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 25, 2016 RE: Zoning Appeal No. 6941 Transmitted herewith is Zoning Appeals No. 6941 for Al Ter)Jr.-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form from Alfred J. Terp and Patricia C. Moore, LWRP Consistency Assessment Form,Notice of Disapproval Dated November 18 of 2015, Notice of Disapproval Dated December 7 of 2015 Amended January 11 of 2016, Zoning Board Application Authorization from Alfred Terp Jr. and Marie Terp for Patricia C. Moore, Pre- Existing Certificate of Occupancy for No. Z23193, Certificate of Occupancy for No. 36100, Action of the Zoning Board of Appeals Appeal No. 1087, Letter Regarding Appeal No. 1087 from Southold Town Board of Appeals Dated May 1 of 1968, 8 Pages of Photos,Property Record Card for Tax Map No. 102.-5-3, Property Record Card for Tax Map No. 102.-5-4, Property Record Card for Tax Map No. 102:=5-9.5,Property Record Card for Tax Map No. 102.- 5-9.6, 12 Pages of Plans Including Survey of Property, Demolition Plan, Site Plan, Grading and Utilities Plan, Storm Water Management Plan, First Floor Plan, Exterior Elevation, General Notes and Site Details. * * * RECEIPT * * * Date: 02/24/16 Receipt#: 200563 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6941 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#2200 $500.00 Terp, Alfred J Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Terp, Alfred J 1435 Hobart Ave Po Box 64 Southold, NY 11971 Clerk ID: SABRINA Internal ID:6941 VCL y i Ito A non-profit TBE OLD TOWN ARTS&CRAFTS GUILD,INC: ®rganizaog� P.O.Box 392 Cutchogue,New York 11935 (631)734-6382 Website: www.oldtownartsguild.org 'Sr���� E-mail: oldtownguild@aol.com a x,016 D 1 October 30,2016 Mr. Scott A. Russell,Town Supervisor Mr.Bill Duffy,Town Attorney Southold Town Hall Southold Town 53095 Main Road 54375 Route 25 P.O.Box 1179 P.O. Box 1179 Southold,N.Y. 11971 Southold,N.Y. 11971 Re: Terp Property Expansion in Cutchotgue Gentlemen: As you know,The Old Town Arts&Crafts Guild has raised some reasonable objections to the size and request for a variance to accommodate Mr. Terp's expansion. There has been a most unfortunate turn of events regarding this situation. Mr. Terp has illegally blocked our driveway egress into the Municipal Parking Lot leased by Southold Town by having a wooden fence installed on or about Thursday, October 27'. To make matters worse, it may have been installed on our property! We respectfully request that Southold Town order the immediate removal of said fence(pictures attached)as this act was illegal and obviously in response to The Guild's objections. This creates a very dangerous traffic situation on the Main Road. Anyone entering our driveway cannot see a vehicle leaving the driveway which is only one vehicle wide,which is why it has been a one way for over thirty years. In addition,a Town sign stating"DO NOT BLOCK DRIVEWAY",that has been in existence for many,many years was removed from its location and leaned up against one of the Guild's trees at our western property line. We have filed a police report complaint(see attached)in accordance with Town laws and hereby also submit copies of relevant pages of the lease between the Town and Mr.'Terp that should be immediately enforced. We are also enclosing pictures of the fence location. There was a Planning Board meeting last week regarding the expansion where several requests were made by the Planning Board and the Architectural Review Board for'some very specific items to be completed by Mr. Terp before his request for a variance and expansion can move c` � forward. After that meeting,we understand that Mr. Terp and/or his daughter,representing him, inquired of Town Attorney Mr.Duffy,if they could put up a fence to which he replied"No!" Mr.Terp knew it was wrong to put up this fence. This vindictive behavior indicates that Mr. Terp has no regard for reasonable negotiation and his flagrant disregard for our long standing easement,stated in his lease agreement with the Town of Southold,is a violation and illegal. His behavior also shows disrespect for the Town of Southold, regarding his property expansion. He is being,at the very least thoughtless, regarding the safety of Southold Town citizens and Guild Members and should be ordered to remove the fence immediately! Respectfully yours, Marion Wipf,Treasurer fo ob ohne,President) Enclosures cc: Mr.Alfred Terp 1725 Hobart Road Southold,N.Y. 11971 Mr.Michael Verity,Chief Building Inspector Building Dept. - Southold Town 54375 Main Road - P.O.Box 1179 Southold,N.Y. 11971 Mr. Donald Wilcenski, Chairman Planning Board-Southold Town 54375 Main Road-P.O.Box 1179 Southold,N.Y. 11971 Ms.Heather Lanza,Director of Planning Planning Department-Southold Town 54375 Main Road-P.O.Box 1179 Southold,N.Y. 11971 Ms. Leslie Kanes Weisman,Chairperson, Zoning Board- Southold Town 54375 Main Road-P.O. Box 1179 Southold,N.Y. 11971 Mr. Vincent M. Orlando,Superintendent Highway Dept. , 275 Peconic Lane,P.O. Box 178 Peconic, N.Y. 11958 Printed; 10/31/2016 `,,,UTHOLD TOWN POLICE DEPARTMENT Page: 1 At: 11:28:31 _ 41405 STATE ROUTE 25 PECONIC, NY 11958- (631)765-2600 Entry/CC#: SH-017786-16 Date: 10/29/2016 Time: 13:59 Tour: Desk Officer: Call Type. . . . . : POLICE INVESTIGATION Priority. . :5 How Received: TELEPHONE Caller. . . . . : AMEND, ADELAIDE Bus. Name. . : Address. . . . . City/St/Zip: , Call Back #: ( )734-6382 Location of Assignment: 28265 RT-25, CUTCHOGUE Cross Street. . . . . . . . . . . Business Name. . . . . . . . . : OLD TOWN ARTS AND CRAFTS Description. . . . . . . . . . . : FENCE ACROSS RIGHT OF WAY Disposition. . . . . ... . . . . : CC ISSUED Post: 802 Dispatched: y Dispatched Date: 10/29/2016 Call Taker: RICEC OFFICERS INVOLVED Serial #:5250 Rank:PO 'Name:TIMOTHY J MCGOWAN UNITS INVOLVED Unit: 802 Officers: (5250) Disp. Time: 14:03 1 Arv. Time: 14:07 1 Comp Time: 14 :13 Rcv'd to Comp: 0:14 : : Disp to Comp: 0:10 ASSOCIATED NUMBERS PERSONS INVOLVED Name. . . . . . . . . . :TERP, ALFRED DOB:01/18/1929 Address. . . . . . . :1725 HOBART RD City/State/Zip:SOUTHOLD, NY 11971- Phone Number. . : (631)276-9768 Sex. . . . . . . . . . . :M Race:WHT Person Type. . . :NOT INTERVIEWED Name. . . . . . . . . . :AMEND, ADELAIDE C DOB:11/30/1936 Address. . . . . . . :840 PINE TREE ROAD RD City/State/Zip:CUTCHOGUE, NY 11935 Phone Humber. . :734-7925 Mobile Number. . : (718)757-1369 Sex. . . . . . . . . . . :F Race:UNK Person Type. . . :CALLER NARRATIVE The complainant reports that unknown subject did erect a split rail fence blocking a Southold Town easement used as a right of way. The complainant states that there is an ongoing issue with the neighbor, Terp wanting to expand his building. The complainant was advised to contact the town attorney on Monday. y.� •`�, rte;, r. ��� '�,y�"P�.'s. s , ��.�•/�_ •.n � �„_ Bim-. _ � tJ Y k __ #- - _ � �.•_........Pte"®'°":`. i�� � 4 _ - r � , � •max • , t�; �. - r - w V-7 -.r',� 14 • r 1 ^ b Ir AGREEMENT OF LEASE AGREEMENT OF LEASE made this day of May, 2003, by and between DR ALFRED J. TERP, JR. and MARIE TERP, having an address at 15421 Peach Leaf Lane, Gaithersburg, Maryland 20878, hereinafter referred to as "Owner" or "Landlord" and THE TOWN OF SOUTHOLD, a municipality, having an address at Town Hall, 53095 Main Road, Southold,New York 11971,hereinafter referred to as"Tenant". WITNESSETH: IT IS MU'T'UALLY COVENANTED AND AGREED by and between the Landlord and Tenant that this lease is made upon'the foregoing and upon the following terms, covenants and conditions, and Landlord and Tenant hereby mutually covenant and agree to perform each and every one of the terms, covenants and conditions of this lease, and of all schedules and riders hereto annexed on their respective parts, as well as comply with the terms and conditions of improvements pursuant to the Plan annexed hereto as Exhibit"A,"which each party hereto has signed and dated and said approved-upon Plan is hereby incorporated by reference herein and said approval shall be material and a condition precedent to the terms of this lease. ARTICLE I-PREMISES SECTION 1.01 -Leased Premises In consideration of the rents, covenants and agreements hereinafter set forth, Owner hereby leases to Tenant, and Tenant rents from Owner, that certain parcel and/ or premises known as Suffolk County Tax Map# 1000-102-05, Parcel(s)#03, 04 & 9.6, at Main Road, Cutehogue, N.Y. 11935, which premises consists ,of unimproved parking ,area(s) containing a gross area of approximately 38,250 square feet contained in separate lot designations (as per Plan and survey with metes and bounds description annexed hereto as Exhibit "A'), herein collectively called `leased Premises." The parties agree that the Tenant is responsible for all costs of said survey, as well as solely liable for the accuracy of metes and bounds described therein. The above grant is subject to all zoning and building regulations, local, state, municipal and federal regulations and any amendments'thereto, affecting the premises now or hereafter in force;to any'state of facts an accurate survey may disclose; to covenants, easements, agreements and restrictions of record, if any,provided same do not prohibit the maintenance of an improved, paved public parking lot and to,any state of facts a personal inspection of the premises might reveal. 1 ARTICLE III-COMMON AND EXTERIOR ADJACENT AREAS SECTION 3.01 -Control of Common Areas by Owner All common areas, driveways, sidewalks and other facilities and improvements contiguous to the parking lot are furnished by Owner for the benefit of his other Tenants.For the purposes of this Agreement, "common areas" are defined and delineated as all areas of the premises which are constituted by brick,`mortar, concrete,,stone, asphalt, grass and/ or earthen areas and specifically all areas which are not constituted by the paved municipal parking lot area. For the general use in common, Tenants, their agents, employees and utilizers of the parking facilities shall at all times be subject to the exclusive management of Owner and Owner shall have the right from time to time to establish,modify and enforce reasonable rules and regulations with respect to all such facilities and areas. Owner shall have the right to: A) Close all or any portion of such areas or facilities to such extent as shall be sufficient to preventZa.dedication-thereof_mthe-accrwlof-,any rights-to-any person_ or the ubl 1 '- .�,- :,. , - ,.� pic therein. rspih ataeyei�:'basei ri+a.poanett , cu Ul m&iae-instal e so-t to,iphi�i' ' or; ipcde passage,upon aaid;easement_by edestr aux or 'y I P,r, :aloe the 'eastern;{P ,-ling. b t didar for g',.. o �roximately- lve(1?.) et tapti��pmertr,,o laa o Jas- The as- ; fhe own sh`a1l a responsible=for takug all necessary steps-for closing`this'easement for a period of 24 consecutive hours once,peryew (including all necessary publication). Copies of all relevant documents and notices shall be provided to the Owner on a yearly basis. B) Do and perform such other acts in and to such areas and improvements as, in the use of good business judgment;Owner shall determine to be advisable with a view to the improvement of the convenience and use thereof by his other Tenants, their' agents, employees and customers without interfering with public access and egress to the parking lot from Route 25 and Griffng Street. Owner Will operate and maintain the common facilities referred to above in such a manner as Owner,in its sole discretion shall determine from time to time. ARTICLE IV-MAINTENANCE OF DEMISED PREMISES SECTION 4.01 -Maintenance by Tenant Tenant, at its own cost and expense, shall maintain the demised premises in good repair and physical condition with a pleasant cosmetic appearance, including but not limited to painting,signage,markings,waste removal,sanitation,sweeping,snow removal and re-paving in a presentable condition. Tenant shall not be permitted to post or place any sign which obstructs or impairs the view of pedestrians or vehicles of the adjacent and contiguous property of the 4 to pay or elected to pay any sum of money by reason of the failure of the Tenant to comply with any provision of this Lease, or if Landlord incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Tenant under this Lease, the sums so paid by Landlord with legal interest, costs, and damages shall be due from and be paid by Tenant to Landlord on demand. Likewise, if Landlord shall interfere with the lawful use of the demised premises, or otherwise default in the performance of any provision, covenant or condition on its part to be performed under this Lease,Tenant may,at its option,perform same for the account and at the expense of Landlord. If Tenant at any time shall be compelled to pay or elect to pay any sum of money by reason of the failure of the Landlord to comply with any provision of this Lease, or if Tenant incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Landlord under this Lease, the sums so paid by Tenant with legal interest, costs, and damages. shall be due from and be paid by Landlord to Tenant on demand. In any case where Landlord brings any action or summary proceeding for any default of the Tenants hereunder, Landlord shall be entitled to reasonable attorney's fees; plus Ming fees, sheriffs fees, if any, for any action or proceeding. Likewise, in any case where Tenant brings any action or summary proceeding for any default of the Landlord hereunder, Tenant shall be entitled to reasonable attorney's fees; plus tiling fees, sheriffs fees, if any, for any action or proceeding. Parties each waive trial by jury in any summary proceeding IN WITNESS WHEREOF, the parties have signed this twelve (12)page agreement the day and year first above written Landlords: T Jr. Mari e p -- Tenant: THE TOWN OF SOUTHOLD By: oshua Y.Horton,Supervisor 11 D APa , 20}6 Ann McCaughey 2860 Pine Tree Road LNZ—___– Cutchogue, NY 11935 April 10,2016 Leslie Kanes Weisman,Chair,ZBA PO Box-1179 Southold, NY 11971-0959 Re:the Tarp request for a variance in Cutchogue As a resident of the Town of Southold for 30 years,I am writing to object to the plans for destruction and rebuilding of the properties owned by Al Terp on the north side of Main Road in Cutchogue,which are East of Karen's Deli and West of the Old Town Guild. 'This decision by the ZBA represents something of a turning point for Cutchogue. My objection is based on aesthetic s. Duplicating the facade of an ugly outdated style of building would not enhance the appearance of this street of older prewar-buildings. If someone wants to erect an urban retail building in 2016 why use an uninspired example from the 1960s as a model!?}They could have chosen a style more in keeping with prewar structures in the town for close to same cash outlay and had fewer,future vacancies. This design suggests no thought was given to urban design or planning. Collecting rent from more . tenants would seem,to be the sol}e concern,while keeping upfront cost way down.';Should the Town of Southold stand by while anyone who wants to capitalize on the growing tourism out here throws up whatever they can as fast and cheaply as they can with no concern for the impact on the village and neighbors? It seems that it falls on you to exercise your authority and protect us from willy-nilly, hasty, ill-planned development like this,which would change the appearance of Cutchogue's main street with lasting negative impact for years and years to come. Thank you for your careful consideration of this situation. Cordially, Ann McCaughey April 12, 2016 RECEIVED APR A 0 2016 ZONING BOARD OF APPEALS Ms Leslie Kanen Weisman Zoning Board of Appeals P. O. Box 1179 Southold, N. Y. 11971 Dear Ms. Weisman I am a former resident of Cutchogue and a long time member of the Old Town Arts and Craft Guild. I am familiar with the character of the Cutchogue Hamlet. I feel that this proposed addition to Mr. Terp's present building would make it look like a strip mall. If you allow this variance others will follow and the North Fork will become commercial. : Very truly yours, t Joan M Fabian 69 Stoneleigh Drive Riverhead, N. Y. 11901 IV s p t � oda 4 � # �, � , CJ� aZll7 "A p � � 15 4 � ' S 4 Sent from my Phone 3 s. ®0,rl"i Rant fmm my iPhnna V {� O I Y/ ' ► 1 ` � q 314- 31. ------- 00 F. ^3o-7 1 r o.4 s. j1z. 5-7 3 -Z 0 V,/ zo -78 6 31.d--,-7 ANTI MY AURWIZO IU-ti f M30 LANG St.RY WOR 15,10 1 1(,n,jrls Iaffe OF f{g .sviAbold.N,,"Y,+r�.119:I Jown or Sotiffi(,Id,StilToll.Caunty,New 1 on. Diarin 1000 4cetivy,(02 WmA. I w, awd 9.6 (611)76-62,* (L(13 ivial Ai,�i- 1 3� Si RVLYI-D A17r!l I,' X ;OOArvloAltA,,%ur JIM tit. st"lle-I.- --- .3o 4; 07.-- 31.4- 314 31 1.5 00 4_4 0) cam Ch y t W'q F.F -3'z.-- tit, Lq TOM OAS Sit wv DlIz7- 3V4 0k. 1500 1 1c.toaa luneSauthold,New I I I by fie' f- FwAn of'Southold,Suffoll,("'Julay-lje�Yolk Do"Ifick 1000 1kofful 102 Mod.5 Wu 1 A mm%b Ag? sly LWOW ro ClevIltil)"s S1100,11 Mai-'. 0 Are In An A4Nurwxf Datum, 1MMmuuF%Mm1d 1,;.1.14. •. �tTi�.FwLS;rl3,i AGRFEMP-NT OF j p,SE made this day of May, 2003, 'by aDd between DR. ALFRED 1. TERP, JR. and MARIE TERP' having an address at 15421 Peach Leaf Gaithersburg, Maryland 20878, hereinafter refezred to as "Owner" or " ndlord" and TM TOfJI�I�T OF SOUI`ZiOLb, a municip�.ty� ��g an address at Town Hall, 53095 Main Road, Southold,New York 11971,herehafter referred to as .Tenant... WnNESSETH. 'T.LS MMALLY COV' ANTBD ANb AGRM) by and between the Landlord and Tenant that this lease is made upon the foregoing and upon the following terms, covenants and conditions, and Landlord and Tenant hereby mutualty covenant and agree to perform each and every one of the tarns, covets $nd c mditions of this lease, and of 811 schedules and riders hereto annexed on thenar respective parts, as well as comply with.the terms and conditions of improvements pum2nt to the Plan annexed herato as ExWbit:"A,,,'which each park hereto has . signed and dated and said approved-upon Plan is hereby incorporated by reference herein and said approval sh811 be material and a condition precedent to the terms of this,lease, ARTICLE 1-PRm�MS SPkMON 1.01 -Leased Premises In consideration of the rents, covenants and agreements hereinafter set fortix, Owner hereby leases to Tenant; and Tenant rents from Owner, that cettain parcel and< or premises known as Suffolk County Tax Map# 1000-102-05, Parcels) # 03, 04 & 9.6, at Main Road, Catcbogae, N.y. 11935, which preffnzses consists of itn�ed parking areas) containing a. gross area, of approximately 38,250 square fact contained in separate lot dedpations (as per Plan and survey with motes and bounds 11�0on, annexed hereto as Exhibit ``A'I herein collectively called.`Uwed Premises."The parties armee that the Tenant is respona--ble flag all costs of said swvay, as well as solely liable for-the of metes and bounds described,therein. The above grant is subject to all zoning and building regulations, local, state, municipal and federal regulations and any amendments thereto, affect lag the premises now or hereafter in forco;to any state of facts art accurate Smrvey may disclose;to covenants,easemeats, 8910cmts and restrictions of reser],if agy,Provi&d samte do not prohlUt the m�of an inagtoved, paves} public pm tftjg lot azid t;o,any state of facts a personal inspoctiou of the premises might reveal. 1 • 0Z/60 39dd ONIZNId ONIZNId Z099LZ9919 Ib:ZT 9T0Z/TZ/ZT ARTICLE IY-L7TILIZATION OF PRF,t,MM e SECTION 2,01 -Use of Premises and Additional Areas ofPremises The Tenant shaU use the Leased Premises solelyfor the and maiut ' " and condo p p • g purpose of cstabbtslriug . sting a Public Parking lot and for no other purpose. Notwithstandilag anything contained herein to the contrary, Tenant agrees that it sball not;at any time,use of permit to be used,the sidewalk adjacent to the parking and common areas, or any other apace outside tho leased premises, for parking, display, storage or any other similar undertaking. . SECTION 2.02 -C!Ontiauimg Conditions Precedent to Lease It shall be a continuing condition,precedent to this LLASF, that Tenant shrill not crest or cauge to be erected or have placed upon the demised premises any structure, building, edifice, landscaping, planting, barriers, momttnents, benches or seating without the express written pem'dssion of the Owner, except as provided for herein and congruous to the specfications as contained to Plan annexed as Rdlibit -A." It shall be a continuing condition precedent to this LEA, A that Tenant shall not cause, suffer or permit any other activity at the demised location other than municipal public parking, inehuiing but not limited to the following prohibited activities: Town of Southold official vehicle parldng for storage purposes, washing, storage and!or maintenance of any vehicle or equipment of Tenant. Overnight parking shall be prohibited except its-the following designated parking spaces: #48-53, located in northwest vicinity at the rear of the Post Office. It shall be a continuing condition precedent to this LEASE, that the Tenant shall not cause, suffer or permit at of upon the demised location any activity characterized or advertised as, including but not limited to, festivals, meetings, carnivals, street fairs, auctions, Ilea markets,public assembly,bus or meas transit Comm mmal vehicular activity,whether for hire or provided to the public at no cost without the prior empress written permission of the Owner. It shall be a continuing condition precedent to this LEASE,that Tenant agrees to remove, witbin one hundred and twenty (120) clays of the execution of this lease, the existing a park as shown on a survey of Feconic Surveyors, dated 6/23/95,annexed hereto, leaving only a fIMWen t_clock and plantings,so as not to exceed dd (fi0),f m_the..curbline_aa 6dsting at Route 25 and extending northward along tariffing Street, and to install and maintain diagonal parking spaces adjoining the,nor@IeasWrly side of Grlfiingg Street substantially similar to how sash spaces mated prior to the Cobsbuction of said park area and congruous to the specitxrations as canhdn ed in.Place Mnmted hereto as Rxln"bh"A." SEMON 2.03•Solicitation Teamt and Twoes employees and agents shall not solicit in the parking or other common areas, nor shall Tenant disin'bute to the public them or place any handbills or other 2 0Z/00 39Cd ONIZNId ONIZNId Z099LZ9919 Tb:ZT 9IOZ/TZ/ZT Printed nr vaitren advent s matter on automobiles parked iu the parking areas. Upon Vnitten notice by Owner, Tenant agrees to take all necessary steps, legal, and equitable, to compel the discontinuance of said solicitation within ten(10)days of aaid notice. S-ECTION 2.04-Utilities Tenant shall thronghout the team of this lease pay all and any utility charges for utilities aged'at the demised premises,including,but not limited to,electricity,water,etc.It is the undemWuljng and intention of,the parties berate that Owner leases the demised premises to Tenant without any smgces of any kind. SECTION 2.05-Municipal Permits and Licenses Tenant shall, at its own cost and expense and upon its own responsibility,.apply for and obtain,any necessary pmnits and other licenses for use,conduct and maintenance of the Parking tot iu the demised premises. Tenant shalt also pay my fees in comimaon with any licenses or permits required by the local municipal authority for any construction, demolition, equipment or machinery at the demised premises. A. Tenant'Rrteseuts that all construction acrd improvements will be undertaken in a good workmatllike manner Wd will be completed in an expeditious continuous xuramor once undertaken, Tenant represents that access/egress I om.said premises'shah not be hmderred or blocked far any more then a contituuous forty-eigbt (4S) hour period. no Tenant shall grant to Owner and his o9w tenants and/or employ=special permits and/ or notificatiant to enable them to•utillzrr available on sheet pardng beyond the time limits imposed free of violations aud/or mm=ons during the period of cQusttuctioxn and/ or improvements. SECTION 2.06-No Non Permitted Uses or Purposes Tenant shall not occupy or use,permit or sniffer the demised premises or any part thereof to be occupied err•usedfor any other permissible use or purpose other than municipal parking,nor in sn&a mariner as to constitute a nuisance of any kind,nor for any purpose or in any way which constitutes a violation of any Present or future laws,rules,requirements, ordm, directions, ordinances or regulations of the United States of America, or of the state, county or tits'9ovetnmm4 or other municipal, governmental or unlawful authority whatgoover. Tenant shall immediately, upon the discovery of any such non permitted use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any oaarupants, or QdWr persons gailty of such impetmiss--ble use Tenant shall indemnify and bold harmless Landlord from and against any and all owl,=pcnse,claiM lnsg,dmmag%hability,suit, fine or penalty,including reasonable counsel Bees,arising out of or by reasoxx of or on acmimt of MY violation of or default in the pravisions of this Article by Tenar#.t, Tmrant's agents, employees,representatives mrd/or associates. 3 0Z/90 39Vd ONIZNId ONIZNId Z099LZ9919 Til:Zt 9Z0Z/ZZ/Zt ARTICLE III-COMMON'AND EXTERIOR ADJACENT ARMS SECTION 3.01 -Control of Common Areas,by Owner All common areas, driveways, sidewalks and other facilities and Mi wrovements contiguous to the parking lot are furnished by Owner for the benefit of his other Tenants.For the. PWPoses of this Agreement, "common areas" are defined and delineated as all areas of the premises which axe constituted by brief mortar, concrete, stone, asphalt, grass and/or earthen areas and specifically all areas which are not constituted by the paved municipal parking lot area. For the general use in common, Tenants, their agents, employees and utilizers of the pig facilities shall at all tines bd subject to the exclusive management of Owner and Owner Shall have the right;from time to time to establish,modify and enforoe reasonable roles and regulations with respect to all such facilities and areas. Owner shall have the right to: A) Close all or anyportion of such areas or facilities to such Went as shall be sufficieat to prevent a dedication thereof or the accrual of any rights to any person or the public therein.With•respect to an escisting easementt,no permanent parkiug curbs will be installed so as to inhibit or impede passage upon said easement by Pedestrian or vehicular traffic along the east= property y line boundary for approximately twelve(12)feet to the psmperty or land now or formerly known ag Old Town Arts&Cratb The Town shall be respounible for h&mg all neomary steps for closing oris easement for a period of 24 consecutive hours once per year (mcluding all newSMY pubiicaton). Copies of all relevant documents and notices shall ba provided to tho Ow=oar a yearly basis. B) Do and perforin such other acts in and to such areas and improvements as, in the use of good business judgment,Owner shall detmmine to be advisable with a view to the impanvcte of the convenience and use thereof by his other Tcmantg, their agents, employees and customers without 3ntatfeemg with public access and egress too the parking lot:from,Route 25 and Grifl"ng Street Owner WM operate and maintain the common facilities referred to above in such a manner w Owner,in its sole discretion shall determine from time to time. ARTICLE IV-MARf=ANCE OF MMED PREMMiM SECTION 4.01 -Maintenance by Tenant Tenant;at its own cost and expense,shall maintain the demised premises in good TV*and physical condition with a pmt cosmetic appearance,including,bid not•limited to: painfintg,sigtazge,markings,waste removal sanitation,swce&&wow removal and ro paving in a Mmuntable conditioxe. Tanaut shall trot be permitted to post or place any sign which obstructs or impairs the view of,pedestrlans or vehicles of&o adjacent and contiguous property of the 4 0Z/90 39dd ONIZNId ONIZNId Z099LZ9919 Tb:ZT 5TOZ/TZ/ZT Owner without the prior Writrext approval of rhe Own,�r_ Tenant shalt erect Five (5) sectuity lighting fixturEs with sufficient I11nesaeace within the demised premises consistent with custom and usage in sbnifar type public parking lots, and cotlgmous to the specifications as contained in Plan annexed as lsxhibit"A." In the event of the failure of the Tenant to generally comply will this regulation or any part thcrvof, Owner agrees to provide written notice of said failure and afford five (5) days to cure same_ In the sole discretion of the Owner, should Tenant fail to cure same within said five(5)day Period,the Owner may engage whatever services may be necessary to maintain the premises in a suitable degree of cleanliness and freedom from snow consistent with the standards of the maintenance of the Center and the term herein, and that Tenant shalt be responsible for all costs thereof. Tenant shall leave sufficient space within the demised premises, for the installation of at the option of and in the area selected by the Owner as per the specifications as containcd Yn Plan annexed as h)tbx-bit "A," a.metal container of the type sapplied by carting companies for the ptupose of accumulating garbage,i.e, a dumpatW,for the sole use of Landlord, the Totts of the shopping center and their patrons. ARITCLF,v-ACCESS By OWNER SEMON 5.01-Easements Tenant shall,permit Owner aud/or its designees to erect,use,maintain and relrair PW, cables, conduits,plumbing,vonts and wuvs,in,to and though the Demised Premises,as and to the extent that Owner may now or hereaflea deem to be necessary or appropriate for the proper operation and maintenance of the buildings abutting, adjacent and contiguous to the location of the Demised Pneanises or any other portion of the property. All such work shall be done so far as predicable; in such mau= as to avoid interference with T=nt's use of the Premises. Owner agrees to bear the aoste of and be responsible for any and all re;-paving,repair and/or replacement of paved lot surface area demolished by any additions and/or" to the buildings'abutting, 4acent mad contiguous to the location of the Demised Premises or city �9 wri other portion of the property actions underNken by Owner pursuant to this paragraph Zant aagrees to bear. the costs. of anal.be responsible for any and all other re-paving, repair or �� replacement of paved lot surface ama made necessary by deterioration, naarmg wear and tear or any otbm causes, natural or otherwise, not attributable to additions and(or improvements to -j ��' buildings by Owner.Anything herein to the contrary notwithstanding, Tenant shall, at Terraop& own cost and expense, acture and pay for all repairs to fvundattion paving and drainage system =d for all maintenEucc and services required by Tenant fox the preservalion of the de=ed premises,including,but not limited to,eketneity,]iglu,maintenance services,garbago and waste disposal and snow rmoval.Landlerd shall haverno-obligation to furnish orpmform anyrepaim. maintenance or services,including but not limited to those h=mbefiare noted. 5 0Z/L0 39Vd ONIZNId ONIZNId Z099LZ9919 Ih:Zt 5IOZ/ZZ/ZZ SECTION S.02-Expansion Notwithstanding this Lease or anytW ng to the contrary herein,Owner reserves the absolute A&to extend the existing buildings on his real property as depicted by the,skated area in Exhibit A. Owner agrees that should said expansion faire place, Tenant shall just compensation equal to the cost ofthe portion of the Demised Pr6mises built and expanded upon by Owner. Said expansion shall not alter any of the existing rights and obligations of the parties' to this Lease.A as a result of said expansion, additional parlors spaces designated solely for the S�c benefit of the; other tenants of the.Owner are ueeessary, said spaces, in addition to the four(4) spaces allotted herein, spall be granted and,designated at the rate of one(1) additional space per additional Te naut. AP,TIC18 V1-131WRZOITYMMAI,1tl3QvrjQ31jj3WS SECTION 6.01 -Environmental Compliance VlTith respect to the demised premises, Tenant, at its sole cost and expense, shall fulfill, observe and comply with all of the trams and provisions of and shall cure all violations arising:from all applicable govemmenW laws,xules,regulations,ordiinanocs and/or zequirements r'elatwg to air, ground and/or water pollution and protection and/or prese zvah(w of the eaaviron=04 and all rules, regulations, ordinances, opimons, orders and Biro fives issued or promulgated pumuent to or ifit connection with the Environme xtal Protection Agency, or any Department of Environ mentd conservation or any subdivision or bureau thereof or any other governmental or quasi-govemmont agency, authority or body having jurisdiction over such matter. Without limiting the foregoiug, Tenant agrees that it shall prepare, deliver and or file with the applicable gove=ental authorities, all forms, ceetificates, notices, documents,plans and other wridnss, and figa M all such other dation, as may be reasonably required or requested by any applicable governmental authority,in connection with compliance or of any applicable reguifement related to the termina#ion of this Lease, the sale or teunsfa of Tenant's Building and/or the Lend. ARTICLE VII-INDUAGMCATION SEMON 7.01-Indemnification of Owner The Tenant shall defwEt indmi fy and bold Owner harmless from and against all liability,clamps for bodily hVwy, death and properly damage, as well as reasoenible attorney fees, arising out of the negligent acts of Test incurred by Owner in connection with this Agreement or the performance of its duties hereunder,or between the Owner and any third party ar'siung out of the negligent acts of thv Tenant,except if such liability or expense is the result of the gross negligence of willful misconduct of OwneL 0Z/80 39dd ONIZNId ONIZNId Z099LZ99T9 10:zl, ARTICLE'Vm-INSURANCE SECTION 8.01 -Liability?sasurarnce Tenant and/or its subcontractors, agents or assigns, throughout the teem of this Lease, shall, at its own cost and expense,obtain and maintain in firh force and effect, a policy of general liability insurance having a limit of$5,000,000.00,from a financiallyr responsible ivauecr liceauged to do business in the State of New'York. Said policy shall name Owner as an additional insured. Tenant shall deliver to the Owner a certificate of such insurance policy on or before the begirming of the term of this Lease. In. the event of the failure of the Tenant to am=- maintain and pay for such policy and to provide a ceitiiicate thereof to Landlord, Landlord m,sy, in Iaudlord.'s sole discretiu ,older such policy and th0 premium cost thcof shall be due from Tenant as additional rent hereunder or Landlord may elect to hmat such failure as a default herounder,in Which case, Tumt agrees such default is a material default ofthv Lease. If there is any material damage to or degauction oftbe Demised Premises or any part thm f.Tenant promptly shall give written notice fbea,,00f to the Owner,generally d=Rig ing the nature and extent of such damage or destruction. If there is any damage to or destruction of the Demised Premises or ally part thereon;Tit;ax Tenant's elpense,whether or not the instzrance proceeds,if any,on account of such damage or destruction shall be sufftoient for the purpose, promptly shall commence and coMP10t1k subject to Unavoidable- Delays, the restoration, replacement or rsebuilding of the Demised Premises as nearly as possible to its value,condition and character immediately prior to such damage or destruction- Pending the completion of such Restoration,Tenant shall perform all tenlperazy work and take all such.actions as may be,necessary or desirable to protect and preserve the Demised Premises. SECTION 8.02 Property Insurance Tenant shalt have property ranee ju place through its regular policies of ins mce of at least$100,000.00(one haudred thousand dol)[ars). ARTICLE IX-A:RSBNCE OF REPRESIMATdONS SECTION 9.01 -No Representations of Owner Neither Owner or Owner's agents have made any representations or promises with respect to the physical eonditim of tins buil&DW 4acentto the demised premises,the land upon which they are erected or the demised premises, the rents,leases, eap==of opccratiotn or any 7 0Z/60 39tid ONIZNId ONIZNId Z099LZ9919 It':Z1 9I0Z/IZ/Z1 • 5 other matter or tangs affcetiug or related to the demised premises except as herein expressly set forth and no rights, casements, or licenses are acquired by Tenant by implication or otherwise, except as expressly set forth in the provision of this lease.Tenant has inspected the building and the demised premises and is dwroughly acquainted with their condition,and agrees-to undertake construction with all adjacent PmPer(Y/buildings "As Is," and be solely responsible for any damage to any of the existing structures arid/or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plaft annexed as Exhibit"A" and incorporated by reference herein, between the parties hereto are merged in this contract, which alone fully and completely expresses the agreetment between the Owner and the Tenant and any executory agreement hereafter made sball be ineffective to change,modify, discharge or affect an abandonment of it in whole, or in part, unless such executory agweanent is in writing and signed by the,parties hereto. ARTICLE X-REAL ESTATE TAXES . SECTION 10.01-Definition The term "real estate taxes" and "property texc e' shall mean all taxes and assessments levied, assessed or huposed at any and at the present timo by any govemmental authority in connection with the ownembip of the demised premises. SEOTION 10.02-Remi Estate Tax It is understood and agreed that Owner shall pay ditectly one hundred (100%) Percent of any and all taxes, includiu& but not limited to, real estate%schoolltown/.villagelf= districVWater/sewer taxes paid and applicable with respect to the deraised premises as urmampraved Pr°Paty- If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed valve of the parcels as of the 2002/2003 tag year any increase in taxes on any or all of the parcels due to the portion of that increased assessed valuation which its directly attributable to the improvmnents made by the Tenant under this lease shall be paid by the Tetnant. As to Suffolk County Tax Map Number 1000-102-5-9.6 all parties agree that the current actual tax clue and owing for the tax year 2002/2003 is$970.41. All parties agree that for the team of the lease the Owner of SCTM#1000-102-5-9.6 shall not pay more than$970.41 in taxes on this parcel. It; over tho tcma of the lease, the acinal tag due and owing inoreases over$970.41 the Town,shall pay(within 30 days of receiving notice,fiaom the owner that the tax dire mad owing was paid)the owner the difem oo of the actual tax due and$970.41. 8 0Z/0I 39dd ONIZNId ONIZNId Z099LZ99TS Zb:ZZ SZOZ/ZZ/ZZ SP-MON 10.03- Continuing Condition ofR-cal Estate Tax Cap Notwithstanding any expiration or termination Of this lease prior to the lease expiration date (except in the cage of eaueellation by mutual agrc=cnt) Ownces obligation to paY any and all taxes hereinbefore noted under this lease shall 000aeme and shalt cover all periods up to the lease expiration date; The ToWn agrees that fol•SCTM# 1000-102-5-9.6 even if the Town to rainates the lease the Town shall pay to the Owner (within 30 days of receiving notice fmm the owner that the tax due and owing was paid)the difference between the.actual tax due and owing finr any given tax year and the actual tax due and owing as of tax year 2002/2003 ($970.41)for all of the years originally included in this lease. ARITCLE XI'-RENT The Temmt shall pay to the Owner,his heirs, assigns and successors, rent at the rate of ONE ($1-00) DOLLAR per year, payable on t1w eanivmsary date of the execution of lease. ARTICLE XH-TERM The term of said Lease shall be TWENTY (20) years, all dates calculated from the dates of a fully executed lease. ARITCLE M-NOTICE SIBCTION 13.01 -Requimments Any notico by eitbea part to the other shall be in.M icing and shaU deemed to be duly given only if mailed by certified mail in a post-paid euvelopc, return tuc4t requested, addrwscd:(a)P to Tenant at the TOWN HALL OF TERTOWN OF SOLMAOLt3, (b) if to Owner, at the address set forth harein, or at mmy other address as Ownw may deem fiuua,time to tame designate by notice given to Tenant ARTICLE E MV-NO ASSIGNMENT SECTION 14.01 -No Right ofAssignment b rTenmat Tenant shad not be permitted to assim sublet or transfer any of the rights,duties and obligation heronuder and this lease may not be assigned without the prior writteu consent of the Owner. 9 0Z/11 39Cd ONIZNId ONIZNId Z099LZ9919 1b:Z1 510Z/1Z/Z1 ARnCUS XV-DEFAULT SBCTIQN 15.01 -Defaults and remedies If(1)Tenant defaults in :fulfilling any of the covenant or agreements'or any rules or regulations of this Lease on its part to be kept or performed and such default is not made good within ten (10)-days after written notice fmw Landlord or its agent,,or within such additional. titne as Tenant way be prevented from maldng good the default as is caused by delays attributable to strikes, labor troubles, acts of God, govern ental prohibitions and similar causes beyond Tenant's control, or (2) If this Lease is transferred to or devolve upon any person or corporation other lhan.Tenant, except as may be specifically Permitted by this 1&=e, or if this Lease is mortgaged or assigned without the written consent of the Landlord,then and in any of mob events mentioned in this setbpaaagraph "A" the term thereof, shall thereupon, ipso facto expire and come to an end as if such expiration was so fixed by the terns of this Lease on tenth (10th) day of'such default as mentioned in (1) above and Landlord may renter upon the demised premises elfi= with or without pmeess of Iavr and remove all persons and property, flat efirom and Tenant shall quit and surrender the same to Landlord and Tenant sba remain liable as. hereinafter provided. In the event Tenant-shall fail, •neglect or refuse to quit and surrender the demised'premises upon receipt of notice,from Landlord declaring the term hereof at an end, then Landlord may commence a summary proceeding to remove Tenant from the premises as a holdover. If the default is of such a nature that it cannot be cured within ten(10) days, if Tenant commences to cure such default within ten (10) days and proceeds diligently to remedy such default;;the Landlord shall not have the right to terminate this Lease. If the term of this tease shall expire as hereinabove provided,Landlord may re- enter the demised premises and remove Tenant or its legal representatives or other occupant and/ or Property by summary proceedings or otherwise and Tenant hereby waives the service of notice of intention or to institute legal proceedings to that end.In case•of any ,xe-e ntcy, expiration and/or dispossess by sumnuay proceedings or otherwise, the Tenant shall be liable for any and all expenses as Landlord may incur for legal expenses,attorneys fees and/or putting the demised premises in good order. The words "re-eutce, or ,fe=*y, as used in this Lease shall not be restricted to their technical ,togas meaning. fr the event that the Twin t is successful itt any proceeding brought pursuant to the provisions hereof, it shall be =titled to its reasonable legal fees. In the event of a breach or threatened breach. by Tenants of any of flu covenants or Provisions of this Lease,.Landlord shall have the.right of injunction and the right to invoke auuy remedy allowed at law or equity as if re-entry, summary proceedings and other remedies were, not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law or in equity. Tenants hereby expressly waive any and A riots of redemption stunted by order or SV present or future laws in the event of Te=ts being evicted or dispossessed, or in the event of Lan Uo rr1 obtah ft possession of the dowsed premises by reason of Tenout's violation of the provisions of this Lease. If Tenants shall default in the pefarmance of any provision, covenant or condition on its part lobe performed under this L=se,Landlord may, at its option;perform the same for the account and at the expense ofTenats. If Landlord at any time shall be compelled 10 0Z/Z1 39Vd ONIZNId ONIZNId Z099LZ9919 Tv:ZT 5T0Z/TZ/ZT �OtLO to pay or elected to pay any sum of money by reason of the failure of the Tenant to comply with MY provision of this Lease, or if Landlord incurs auy expense, including reasonable attorne}os fees in prosecuting or defending any action or proceeding by reason of any default of Tenant Under this Lease, the sums so paid by Landlord with legal interest, costs, and damages shall-be due from and be paid by Tenant to Landlord on demand. Likewise, if Landlord shall interfere with the lawful use of the demised premises, or otherwise default in the performance of any provision,covensnt or condition on its part to be performed under this Lease, Tenant may, at its option,perform same for the account and at the expense,of Landlord. TfTenant at any time shall be compelled to pay or elect to pay any sum ofrnoney by reason of the failure of the,Lan&Ord to comply with any provision of this Lease, or if Tenant incurs any expense, Mcluding reasomble attomef s fees in prosecuting or defending any action or proceeding by reason of arty default of Landlord under this Leases the suras so paid by Tenant with legal interest; costs, and damages shall bb due fmm and be paid by Landlord to Tenant on demand. Tn any case where Landlord brio an action or summary� �' any proceeding for any default of the Tenants hereuudcr,Landlord shall be entitled to reasonable atte mey's fees; plus filing fees, sheriffs fees, if any, for any action or proceeding. Mewise, in any case where Tenant brings any action.or summary proceeding for any &fault of the Landlord hereunder, Tenant shall be entitled to reasonable attOMOYs fees; plus filing fees, sheriffs fees, if any, for . any action or proctcdipg. parties each waive trial by jury in any mmanary Proceeding. IN VMNESS WR EREOF, fhe parties have signed this twelve (12) page agreement the day,and year first above written. Landlords: Dr. d L TeVjr. Mari Wp �-- Tennant: TBE TOWN OF SOUMOLD By. /Os Horton,Supervisor ' xl 0Z/ET 39Vd ONIZNId ONIZNId Z099LZ9919 IV:zI 5TOZ/TZ/ZT I STATE OF NEW YORK) W )ss: COUNTY OF SUFFOLK) On the day oRA29r, 2003, before me the undersigned, a Notary public iWand for said State, personally appeared•AC,PRFD Y. TERP, personally known to me or proved to nue 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 as having power of Attorney for-')P' ALFRED J. TPRP, TR. and MARIE TERp, and that by his signature on the mtrame,at,,the individual,or the persons upon behalf of which the individual acted,exemte:d the instrument. AgEAWN 2 Jao. SWC(NWv0 W#y Public W =Tam STATE.OF NBW YORK) ss. COUNTS OF SMOLK) On the I A day of May, 2003, before me the underslgaed, a Nowy public in and for said State,persomUy appeared JOSHUA Y. HORTON,personally known to me ox proved to me on the basis of satisfactory evidc=e to be the individual whose nares is subscn'bed to the wkbin instrameht and acknowledgud to=i that he executed the same in his Capacity as*Supervisor of the Town of Southold, and that by his sigmfte on the instrument,the individual, or the person upon bohaifofwhich the individual acted,executed the instrument. Notary Public ME1Jl IE DORM11 12 0Z/01 39Gd ONIZNId ONIZNId Z099LZ9919 Tt?:ZT STOZ/TZ/ZT m N CD e-1 Ham m • t TI[�R!{YI atTl��III�fW.1tf�.YT�IMM Enatmi-��it Nri r 7i M�Qalf1��IR�01Mf11MMl�1YfRq I.ICOI�IMq {OtALL.n ltrO�tlfeTO A11�►fpi�{Mg"a.v uaw Tab wf�gY lqk Lu r• $dEMf11N� � ! . gas Tom A0-0 � " • _ co N �• � o I I c � w CN fl W LD LO Proposed F*arking PIatn p, , cq LO LD GRIFFING STREET CUTCHOGU� VILLAGE' LO LO 0 04 m N N The Old Town Arts & Crafts Guild, Inc. lP.O. Box 392,Cutchogue, New York 11935 A iio -profit. Website:www.oldtownartsguild.org ' # organization E-mail:®idtownguild@aoi.com Phone:(631)734-6382 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals 53095 Main Road Southold, New York 11971-0959 Submission for Zoning Board Appeal#6941-Alfred J'Terp,Jr Public Hearing April Z, 2016 (a 1:45 P.M. The Old Town Arts&Crafts Guild, Inc.appears before the Zoning Board of Appeals to raise objections to granting a variance which will permit construction of a building that will more than double the existing commercial space at 28195 Main Road-in Cutchogue.The Old Town Arts&Crafts Guild, Inc. is a non-profit, community oriented, arts promoting,volunteer, 501(c)(3)organization that has been in existence since 1948.The Guild's western property line is the eastern boundary,of the commercial property owned by the Terps that is the subject of this appeal. For the reasons that follow,the Guild asks the ZBA to deny the appeal. We recognize the sole issue before the ZBA is whether to"vary or modify the strict letter of a zoning ordinance or local law"or grant Mr.Terp's appeal from the Building Inspector's Notice of Disapproval. Because the ZBA application makes inquiry into many of the same issues that the Planning Board does,we are bringing all of our concerns forward now so each governmental agency reviewing this site plan will be on notice and can consider them as part of their review. Mr.Terp appeals from the Building'lnspector's'Notices of Disapproval dated November 18, 2015 and December 7, 2015,which were based on the site plan's non-compliance with the required 15'yard setback in the present code.The plan submitted by Mr.Terp proposes a front yard setback of 7.4' but, in actuality,that is not accurate.According to a letter in the file dated February 22, 2o16 from Mr.Terp's architect,the appeal seeks approval of a variance with an even lesser setback of 5.1'from the proposed building and 4.1'from the building's overhang.We ask the ZBA and all of the governmental agencies who review this site plan,to scrutinize it carefully and in doing so, it will become evident that this appeal involves far more than a simple request for a minimal variance of 5 feet. 1 Page c Close scrutiny of the proposed plan reveals the relief requested by Mr.Terp in this appeal is not insubstantial.Without approval of this variance approved allowing this building to be constructed as close to Main Road as possible,there will be insufficient parking on the property to construct a 5573 square foot building AND meet the town code's parking requirements. Mr.Terp concedes this is the reality in Section i of the page titled "Area Variance Reasons"where he states that"pushing the building away from the front property line will reduce municipal parking." We respectfully disagree with each and every one of the following justifications set forth in Mr. Terp's site plan application and in support of this appeal. He maintains: • granting the variance will not produce an undesirable change in the character of the neighborhood or a detriment to a nearby property • granting the variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood • granting the variance must occur because there is no other method feasible to continue the overhang in line`with the adjacent existing building • granting the variance is necessary because the alleged difficulty was not self-created • construction of this building and granting of this variance will not result in a substantial increase in traffic above present levels We submit both for the fHamlet of Cutchogue and for the Old Town Arts&Crafts Guild, Inc., granting this variance and allowing construction of this building,as presently proposed, • will impair the character and quality of the existing community, • will result in a change in the intensity to the use of this"land, • will impact the physical and environmental conditions in the neighborhood, • will adversely change the existing level of traffic and the infrastructure for public transportation services,and • May have an impact on existing public/private water supplies and wastewater systems. The Impact on the Hamlet of Cutchogue 1) Character of the neighborhood-The plans describe this as an extension of the existing retail building,designed in the same architectural style and connected by a roof overhang and a covered walkway. Because of the visual similarity of the two buildings,the new construction is being marketed as harmonious and in keeping with the community.On the contrary, by removing z distinct retail stores and replacing them with 5 stores having matching facades, windows and doors spanning a length of 18o feet,the symmetry converts the appearance into that of a strip mall which is not in keeping with the nature of this community and the- commercial frontage on the Main Road. i) No Alternatives—Mr.Terp maintains the problem for which this variance is being sought was not self-created and there is no other solution for it but to grant the variance.That the 2 Page 1 t J existing building was constructed under a previous code which makes it impossible to connect the walkway and roof overhang without a variance does not mandate approval of this variance.There is absolutely no compelling need to connect the new building with the existing one along a straight line. Nor is there a compelling need to erect a building of this size. Respectfully,this building can be moved back and scaled down to a size that would accommodate parking commensurate with the building's use by the new tenants.There is presently a walkway along the east side of the existing building which would allow the two buildings to be connected anywhere along this side of the existing building instead of along Main Road.This is the alternative to granting this variance. 3) Parking and Traffic—The demolition of the i existing stores which total 2,079 square feet, and replacing them with 5 retail stores totaling 5,564.7 square feet will increase the intensity to the use of this land by substantially increasing traffic entering and leaving Griffing Street and Main Road,thus magnifying the congestion that presently exists and straining the limited parking presently available in the municipal parking lot. Entering and maneuvering within the entrance lane to the municipal parking lot is already compromised by the reduction of the minimal aisle width from zz'to 16.'5 due to a previously approved nonconforming use exception. If this variance is approved with the 4 parking spaces on the east side of the existing building,there will not be sufficient room for the existing loading dock without protruding into the 16.5'entrance and exit lane. [Exhibit A] Based on the representation that the 5 new units will only be rented to"retail" businesses, as the units in the existing building are,the Town Code requires 1 parking space for zoo square feet of gross floor area.With floor space of i4,290 square feet for the combined buildings,the Town Code requires 72 parking spaces for these retail stores.This is a mere increase of i spaces over the 70 parking spaces that comprise the current municipal lot. What this calculation does not take into consideration, however, is that this is not just a parking lot restricted to the commercial businesses on this property. It is a municipal parking lot. As a municipal parking lot, it provides parking year round for neighboring businesses, such as the Guild,which has an infinitesimal parking lot of its own and depends on the municipal lot to provide parking for its artists,volunteers and customers. In addition, it also serves as overflow parking for the Post Office, parking for the Postal employees, commercial trucks making deliveries or parking to get breakfast or lunch at Karen's Deli[Exhibit B]and for the parking needs of commuters and day trippers who ride the Jitney and the County Bus as well as co-workers with whom they carpool. In fact,the lease signed between the Town and Mr. Terp in 2003 specifically designates spaces#48-53 in the northwest area of the property for overnight parking.The Town's requirement of 72-spaces for the retail space is premised on frequent turnover.The Town's requirement does not address the nature and duration of the use by the lot's municipal patrons.The commuters and day trippers are not short-term, 3 Page transient parkers.They can occupy a space for a whole day or overnight. If this variance is granted and no parking is allocated to the municipal patrons,for every car that parks all day or overnight in one of the 72 spaces,and for every commercial truck that takes up 4 of those - 72 parking spaces at one time,the amount of parking required by the Code for the retail stores cannot be met. To be sure,the usage of the municipal lot is seasonal with variations in the number of cars, parking between spring,summer,fall and winter.With the arrival of weekenders and vacationers,parking in the lot becomes even tighter. Because this is a dual-use parking lot, the Town must calculate how many additional spaces are required to handle the needs of the municipal parking patrons as well. Unless and until the Town does a iz month study of the vehicle usage of the current number of spaces in the municipal lot, neither the Zoning Board of Appeals nor the Planning Board can determine in a meaningful way what number of spaces, over and above the 72 required for the retail stores, are needed for the people who use the municipal lot to visit the Guild and other nearby businesses or to park and take mass transit. The calculation of 72 spaces also does not take into consideration the additional parking spaces that presently exist in the municipal lot and are not accounted for in the survey or site plans submitted with this appeal. None of these plans show 3 handicapped parking spaces presently behind the two buildings to be demolished [Exhibit C] nor the 12 spaces in the southeast quadrant of the property between the Guild and the Pharmacy south to the bus stop on Main Road. [Exhibit D]These 15 spaces are critical to meeting the municipal parking needs of the neighboring businesses, such as the Guild, Post Office overflow and the overnight and day parkers. If this variance is approved,the people who park in these spaces will be forced to use the spaces designated for retail parking.Without these 15 spaces,the actual number of parking spaces available for the retail stores would be reduced to 57 or 64- -far fewer than the 79 represented in the site plan and far fewer than the 72 spaces required by the Town. In maintaining that the number of proposed parking spaces will be 72 or 79, Mr.Terp has inflated that number by i spaces which were obtained by closing off egress from the Guild's parking lot into the municipal lot,and by counting 1 space that is actually clearance needed by the carting company to empty the dumpster.Without these three spaces,the site plan actually offers only 69 or 76 spaces depending on whether the survey or site plan is referenced. One further issue related to parking warrants scrutiny.,Each of the 70'parking spaces in the municipal lot conform in length and width to the Town Code's requirement of 9'xi9.' In order to achieve the 72 parking spaces shown in the survey or the 79 spaces shown in the site plan,the proposal indicates the existing parking lines(drawn at 9'intervals)will be eradicated and,in some places,replaced with parking spaces of an 8'width. Parking a typical 4 1 Page sedan with a 6'width leaves 1'on either side to enter or leave a vehicle. In addressing the sufficiency of the parking that will be provided if this variance is approved,deviation from the minimum parking stall width should not be permitted to achieve the required number of parking spaces. 4) Physical or environmental conditions-In Section 4 of the addendum titled"Area Variance Reasons,"Mr.Terp states, "the variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood because the proposed development will be connected to public water."To simply state there would be no impact, seems inadequate and less than responsible to the entire community.Moreover, it addresses only one aspect of this area of concern,that is,where their water will come from, not where it will go. Part i of Appendix B,the Short Environmental Assessment Form,seeks information-about how the.proposal will affect the use of the land,the quality. of the community,the impact on public/private,water supplies, and adverse changes to natural resources. Part z has not been filled out by the"lead agency"as yet so whether this proposal will have an impact on existing public/private water supplies and wastewater management cannot be known until Mr.Terp files a permit application with the Department of Health and they determine whether the sanitation,sewage disposal systems,wastewater management and water supply connections are safe,satisfactory, capable of handling the increased demand, located sufficiently far from existing wells to avoid contamination and in compliance with all health codes. ' The Impact on The Old Town Arts&Crafts Guild, Inc Mr.Terp alleges that construction of this building will not cause any detriment to the surrounding businesses. Clearly The Old Town Arts&Crafts Guild, Inc.will suffer significantly not only during the construction but long after the building is completed.These are the ways in which the Old Town Arts&Crafts Guild, Inc.will be affected. ,) Impair the Quality of Historic Buildings-Since 1948,The Old Town Arts&Crafts Guild, Inc. has been in operation at 28265 Main Road in Cutchogue, in a historical building next door to Mr.Terp's property.The Guild's building was constructed in the 1800's-it is an old structure with an old foundation.The Guild has grave concerns over whether and in what ways the vibrations from the heavy equipment, pounding_ , drilling, etc.will negatively impact the building's fragile foundation and walls owing to their age. Little assurance is offered to the Guild if its building is damaged in any way by this new construction.Section 21 of the;Demolition Notes states that"the contractor shall restore...any landscaped areas to their original condition or better to the satisfaction of the owner... The site plan offers the Guild more protection for its plants than for its historic building. 5 Page i) Disruption to the Guild's Operations-The Guild is open for business 9 months of the year and soon hopes to be open year round.The Guild's outdoor space is used for art and craft shows during weekends throughout the summer.Two conditions will render the Guild's outdoor space undesirable and is likely to reduce the number of artists and craftspeople willing to take space at the Guild's shows.They are: a. Stockpile-The site plan indicates that topsoil shall be stripped and stockpiled for use in the final landscaping. Materials to be reused during the construction will be deposited in a topsoil stockpile some 8-1o'in length and up to Win height along the Guild's property line approximately 16'from the Guild's front property line.This topsoil stockpile must be relocated away from the Guild's property. b. Rip Ra -Behind this stockpile the site plan indicates a 24'x5o'rip rap construction entrance will be installed immediately adjacent to the Guild's property line. Routing demolition trucks and construction vehicles along this boundary will block the Guild's egress from the parking lot; exhaust fumes spewing from idling cement trucks and demolition vehicles will impair the air quality and create an unacceptable health hazard. Plugging the Guild's egress from its parking lot with trucks during the construction creates a fire hazard and runs afoul of the fire department requirements for access.The lane for construction vehicle access must be rerouted. c. Wastewater and wells-The site plan indicates the new building will be hooked to the existing wastewater system and drain field.The Guild does not believe the existing wastewater system on Mr.Terp's property is situated at the required distance 050') from the Guild's well,which is located 20'from the Guild's western boundary.The concern is about the possibility of well contamination.. 3) Visibility- If this variance is approved,construction of this 5573 square foot,24''high,two story commercial building will impede the visibility of the Guild to travelers coming east on Main Road.The building the Guild owns has a 35'set back from Main Road.The Guild has signage in front of its building to call attention to the Guild's gallery and shop.The Guild's sign complies with the required setback consequently, at 17'from Main Road,the Guild's sign is further back from Main Road than the proposed building will be.With the proposed building ending a mere 1z'from the Guild's western property line, not only will visibility of the Guild be seriously decreased, but visibility of the Guild's sign will be as well.The lack of sight lines to the Guild will discourage potential customers and as a result,sales will plummet jeopardizing the continued existence of the Guild. 4) Parking&Egress-Because the Guild is situated next door to the municipal lot,the Guild knows.and can speak reliably about how and when the lot is used.Just last Friday night there were 40 cars in the lot from artists and guests who came to the Guild's opening show. Page i0 We know usage is seasonal but in the,summer and fall, it is jammed full of cars parked by commuters, day trippers on the Hampton Jitney and the County Bus in addition to people using the space for the commercial stores and the surrounding businesses, including the Guild. a. The Guild's gallery and shop is open daily and on weekends,and hosting both indoor and outdoor fundraising events and shows a few times during the year.The Guild is dependent on the municipal lot for parking at these times. Unlike the other stores in the Hamlet,.the Guild does not have parking in front of its building on Main Road or across the street at the bank.As already mentioned, neither the survey nor the site plans submitted show there are 12 parking spots between the Guild and the Pharmacy and 3 parking spots behind the Pharmacy.Consequently there is no mention of what the impact will be of removing these 15 spots from the municipal parking presently available if this variance is approved.These spots are critical to the Guild's operations—they are used for customers and volunteers who staff the Guild. They are used by artists and craftspeople to load and unload their display tables, racks and items for sale.They cannot stop and load or unload out front on Main Road and if they were forced to do so in the Guild's miniscule parking lot,with only two vehicles entering and leaving the Guild's parking lot at one time,the traffic would be backed up along Main Road and the resulting bottleneck would be insufferable.The Town cannot ignore the reality that this is a dual use parking lot, serving the municipal parking needs in Cutchogue and the private parking needs of the retail businesses on this property. It is incumbent upon the Town to factor into its analysis what number of parking spaces are required for these dual uses and the degree to which these 15 spots alleviate congestion during peak parking times and what their elimination will mean for the spaces allocated to the retail stores. b. The parking lot in back of the Guild's building is capable of holding 3 cars. For 30+ years,the Guild has an easement allowing cars to exit from the Guild's parking lot into the municipal lot.The existence of this easement is memorialized in Section 3.01(A)of the 2003 Lease between the Town of Southold and Mr.Terp. It specifically prohibits the installation of any permanent parking curbs that would inhibit or impede passage across this easement along the eastern boundary of Mr.Terp's property for a distance of 12'. Nonetheless the site plan shows a solid curb running the length of the eastern boundary of Mr.Terp's property.The accessible entrance to the Guild's galleries and shop is located just inside this point of egress. [Exhibit E7 Neither the survey nor the site plan acknowledge or honor the existence of the Guild's easement.The site plans and the survey calculate 25 parking spaces along the eastern boundary of Mr.Terp's property which include z spaces that would block egress from the Guild's parking lot. If egress from the Guild's parking lot into the municipal lot is temporarily blocked during construction by cement trucks, 7 Page h demolition carters and other such vehicles,this will create both a fire hazard for the Guild and a traffic hazard for the Hamlet by forcing cars to enter from and exit the Guild onto Main Road dangerously close to the traffic light at the intersection with New Suffolk Road. The Guild does not want to stand in the way of Mr.Terp undertaking construction that will increase the profitability of his property. However,the Guild does not want to become a casualty in the process. For this reason the Guild appears here today to ask that the Board deny this variance and send this proposed expansion back to the drawing-board to create a building more appropriate in size and design for this community—one that does not require a front yard variance, provides sufficient parking for the patrons of the municipal lot as well as the patrons of the,retail stores on this property, does not impair or.impede the visibility of the Guild, preserves the Guild's egress from its parking lot into the municipal lot and protects the safety of the Guild's well and water quality. Thank you for this opportunity to address the Board and submit these remarks for the record. Respectfully submitted, Robert Kuhne, President of the Board Old Town Arts&Crafts Guild; Inc. A { t 0- 7 1 1 fi # �r �j r d\� p IX s. , � •� yah x�,. + Mir' AMMIML • .•; - � '� , , ,a.:,«�:� �.�,a� .,�. �= �.__ �`. _. _._ - F` f rte: a�rL .� '£* a.,j ANON= VA A06;+'' �..��.. +.�wnak► . w•R w r'Rlr'+. `bl i�� 1� 1.t ���:�.•� 1 it i I i .� lx., i i t. ! l� •� �, �� i� }�,� l�i `�}�� - �y v , I ,M �j: Y `r �+� ���.,1t;� q X('`.f.i'trx"k�'' �a ' ,;?' d ;I'� I � !/� �;:i \ 'v;r__y / •, _w, r YVV J f -�� ,�._ :7'i 1'• -" '� ''�' .t F ^e„" r'"� y ^" ,T• f �..w r14+.�Y ',.� ,� � .'�� �`�'. � r 'V � J Y t/i { K?n .(h„f'V. w',�, I•�41 ,.. `vs�” s�M1i' `y� t .';'� .'t` F i 1 ,¢ KIKI 00 7751 Ewl l W G � y`]�� "' ` MA n i r' •y . � ._.��� ..�.� ��__. - _�_�___- -�-�--�_��__ gra`-, � � s �.� _ I r APPEALS BOARD MEMBERS O` OG SCOTT L.HARRIS i =Q' y Supervisor Gerard P.Goehringer,Chairman a Charles Grigonis,Jr. y = • � Town Halt,53095 Main Road Serge Doyen,Jr. O P.O.Box 1179 James Dinizio,Jr. l �aO� Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS �� TOWN OF SOUTHOLD � ACTION OF THE BOARD Appl. No. 4037: Application of METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article XXIV, Section 100-241A and Article IX, Section 100-92, as disapproved by the Building Inspector for approval of a permanent rooflike structure (canopy) over gasoline pump island. The principal use, gasoline sales with accessory office and necessary inside storage incidental thereto, is nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Corner of the northerly side of Main Road (Route 25) and the westerly side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. WHEREAS, public hearings were held on April 2, 1992 and May 7, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant has requested approval of a 40 ft. wide by 25 ft. deep permanent canopy with built-in lighting and fire suppression system, and renovated gasoline island of a size 28 ft. by 4 ft. , at a total height of 18 feet. This canopy structure is located in the southerly front yard area and is more particularly shown on the June 14, 1991 survey map prepared by Pat T. Seccafico, L.S. 2. The premises in question is nonconforming as to lot area of 17,933 sq. ft; the principal use of this site as a gasoline sales station is also nonconforming in this Hamlet Business (HB) Zone District. 3. The principal building as exists is shown to be 41.8 feet from the southerly (front) property line, 57 feet from the Page 2 - App. : No. 4037 Matter of ,METRO/808 REALTY CORP. Decision Rendefed May 18, 1992 easterly (front) property line, 17.9 feet from the northerly (side) property line; and 60 feet from the westerly (rear) property line, each at the closest points from the building. The layout of the principal building is more particularly shown on Sheet 2 of 4 on the site plan prepared by Kevin H. Bryant, P.E. as revised October 18, 1991, and the use of the premises as a gasoline service station was acknowledged by Preexisting Certificate of Occupancy No. Z-18515 dated November 1, 1989. 4. For record purposes, the setbacks for the subject canopy are noted as follows: (a) from the southerly front property line at 2.5 feet and 3.0 feet at its closest points; (b) from the westerly property line at 46.5 feet; (c) from the northerly property line at 84 feet; (d) from the easterly property line at its closest point, 68 feet. (e) no request has been made in this application for a change, modification, or alteration concerning the nonconforming principal building or a nonconforming use. 5. Article XXIV, Sections 100-241 and 100-243 of the Zoning Code provide that a nonconforming building or building with a nonconforming use: A. . . .Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel . . . nor shall any external evidence of such use be increased by any means whatsoever. there be no enlargement of a nonconforming building with a conforming use (or nonconforming use) may not be increased as to the degree of nonconformance. . . (and) C. Shall not be changed back to a less-restrictive use if changed to a more-restrictive nonconforming use. 6. In considering this application, the Board agrees with the reasoning of the applicant and its agents and find that although the canopy structure is an expansion in the front yard area for the sales of gasoline (a nonconforming use) , the canopy is not a physical obstruction to vehicles entering or leaving the premises. A fire suppression system is built-into the canopy structure, as well as limited lighting which will aid the Page 3 - App -. No. 4037 Matter of .METRO/808 REALTY CORP. Decision Rendered May 18, 1992 traveling public as well as the gasoline attendants during adverse weather conditions. Drainage areas will be installed to collect stormwater runoff from the canopy. 7. It has been noted that the life of this system would be 20-25 years, depending on certain conditions or unexpected weathering affects. it should be noted that although the canopy is in existence at this time, that a review will be required to readdress proposed safety, environmental, lighting, noise and other considerations in the future, when a similar structure is proposed to be built to replace the present structure. 8. It is the position of this Board that in considering this application that: (a) there is no alternative feasible for appellant to pursue other than a variance; (b) the relief, as requested, is the minimum necessary and is not substantial in relation to the existing conditions at the site and those generally existing in the neighborhood; (c) the difficulties imposed are uniquely related to the property and are not personal in nature; (d) the grant of the variance will not adversely effect the essential character of the neighborhood, or be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in -view of all the above, the interests of justice will be served by granting the relief, as requested and further noted below. NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of the construction of a canopy with fire suppression system as shown on the plans prepared by Kevin H. Bryant, P.E. revised 2/27/92 and on the survey prepared by Pat T. Seccafico, L.S. dated June 14, 1991, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Any future replacement, modification, alteration, expansion or other type of alteration, or relocation of this canopy structure will require a ZBA application for consideration prior to the issuance of a building permit. Page 4 - Appy-: No. 4037 Matter of METRO/808 REALTY CORP. Decision Rendered May 18, 1992 �QJ r 2. There be no change in the present location. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. lk GERARD P. GOE NGER CHAIRMAN ZEE - AND� ,�'i �''1J BY To _V_jd CL2: , i�lltl • Town C?erk, T. cf Sout�zol �y�~L - f_- • - � GRASS� 7►+aL r AREA 1 • rs�, 1- r7 . Q as Lt • i/I (P - c �Fvo • + ��� 1009 a\ G\PGP <E EXIST 7ANK FIELD �0 Pop %C) e�°C �R�' ` 5 O P QPO FU 0 \,6 C." e+pt \ PQp�,ly�'•�P la1�0 0 '(OP��•('GG��'6 t \. ZONE Af! (RUNQFF) \\ C. 1• c ���/►\ C(oG�IAAP�, 9) �P Q �m ` 6'DIA M/N.SDR 4O PVC PIPE\ C CANOPY ROOF MAIN - r 41 T W � EXIST 28'X 4ISLAND W/TWO(2)HOSE DISPENSERS,FIRE SUPPRESSION. :DED ( rZ:s r s _I _ _� FULL-SERV ISLAND- NEW {T10F4o1 0F.- 17 ' J - j�n �C rvr 28'-O' I ~-EXISTPHYSI�CALPROTECTIDNBUYNPER, ---- �� ti TYP(!)EAEND(SEEDETTHIS SHT) NO SMOKING SIGN(A)REO D Lt. (SEE (SEE DET 7HlS SHEET) ff Y a 1_ �- __ - _ __•OO MONITOR WFIL� C>! •� N MCAMTOR WELL V ' IJrF�IiOUTLINCPFNL}S;�O'-0'X.25'rO;CANORYlI;}-�l: l r�v.CAL IE j SJ.-M rLM ('� ���• F7�Z rt�" rl_s Y9' �V!k ; hY7 CC'VCh'1 i[ 1 �R r :71 .4,F J\' �^ --CjZ98'DIA MAPLE \iC�-� r' y.J E, err= • EXIST Cr/RB C TAIIV ROAD (N. Y. S. RT. 25 ) C n_vTe /V(,t, --.,-Z4,1 BVI O REASONS FOR APPEAL(additional sheets may he used with preparer's signature notarized): OUTLINE FOR HEARING AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed building has been designed to be an extension of the existing building. The existing building is at 15 feet from the property line with a roof overhang which extends 10 feet and provides a covered walkway between the tenants. The proposed building will continue the overhang in line with the adjacent building to protect the pedestrian walkways. The existing commercial development promotes pedestrian activity and a "walkable hamlet". The site plan depicts a 13.1' from the face of the proposed building (caused by the slightest angle of the existing building which is 16'6" at west end and 15'1" on east end....) The roof overhang is supported by 1'4" columns eight (8) feet from the face of the building and the columns would be approximately 5.1' from the front property line. The distance of the roof overhang from the front property line is 4.1' There is additional land (State ROW ) where the sidewalk& the grass is located beyond the Terp property line is improved (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The overhang connects to the adjacent existing building. The owner's development design can not be achieved if the building is Set back or the overhang is eliminated. In addition the parking lot in the rear of the buildings provides parking for both the complex and also as public parking for the benefit of the Cutchogue hamlet. Pushing the building away from the front property line will reduce the municipal parking which is presently leased by the Town of Southold from the applicant for$1.00...the lease is for 20 years and expires in the year 2023. The original lease and the original building on the corner anticipated the future redevelopment of the smaller building containing the pharmacy & orthodontist office. A copy of the lease for ZBA file. (3) The amount of relief requested is not substantial because: The building is almost conforming 15'(13.1')by following the line of the existing building and the roof overhang encroaches into the front yard. The covered walkway protects the pedestrian activity and promotes the pedestrian movement in the hamlet. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No adverse environmental or physical impact to the neighborhood or the district will be caused by the variance. The proposed development will be connected to public water (previously connected to a well) and the proposed building will conform to the newest safety codes. The Health Department will review the sanitary issues...if adjacent parcels are on private wells,the HD will review the specifications of the well & require Mr. Terp to pay to connect Guild to public water. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. The proposed building will be a continuation of an existing building which was constructed under a previous code. The continuation of the setbacks for uniformity of design and function necessitates the variance. Driveway access from the Guild: The lease provides that the access be closed once a year...the Planning Board will address the traffic circulation from the Guild....since the Town leases the parking lot and they insure and indemnify the owner for use of the parking lot the Planning Board will have to consult with the Town Attorney on the continued use of the access by the Guild. Are there Covenants and Restrictions concerning this land: 8 No. ❑ Yes (please furnish co This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. • Survey of Guild: building is angled 31' &34' setback from front • sign: could relocate sign...variances granted for sign(Terp property)erect ground sign pole 5' from front yard-used for multiple tenants 1967 Special Exception • height of building 30'...roof line with (reverse dormers)less volume on front facade • Water Connection: HD...we will need the depth of the Guild well to know about HD regulation...gave me the location by bilco door of Guild. • cross access: Lease by Town that access is to be closed once per year...since the Town insures parking lot& indemnifies Terp • EC-1: drainage & SWIP issues....has to be redone...rip rap is usually placed at "construction entrances"...stockpile of soil will be reviewed by Town Eng. PATRICIA A.FINNEGANOF SQUl SCOTT A.RUSSELL J TOWN ATTORNEY �� y0 Supervisor patricia.finnegan@town.southold.ny.us KIERAN M.CORCORAN 1 Town Hall Annex,54375 Route 25 ASSISTANT TOWN A`T'TORNEY P.O.Box 1179 kieran.corcoran@town.southold.ny.us �� Southold,New York 11971-0959 LORI HUL9E MONTEFUSCO �'o!<Pln,� Telephone(631)765-1939 ASSISTANT TOWN ATTORNEY Facsimile(631)766-6639 lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY I i TOWN OF SOUTHOLD j4� KJ 1 February 7, 2006 RECEIVED Stephen D. Pinzino, Esq. Pinzino & Pinzino FEB 8 3W 160 Plandome Road Manhasset, NY 11030 Southold Town Clerk RE: Alfred J.Terp/Town of Southold Dear Mr. Pinzino: I write in reference to the Lease between the Town of Southold and your above- referenced client,your prior correspondence and our recent conversation. I am advised by our Department of Public Works that most, if not all, of the necessary remedial work has been completed. Among other things,the Town required Corazzini Asphalt to remedy the surfacing and drainage issues,Terry Contracting to complete grading and clearing work,Town staff to remove all dead or overhanging limbs in the vicinity of the parking area, all required lighting fixtures to be installed and made operational, and required signage installed. We are hopeful that you will agree that all work has been completed in accordance with the agreed-upon specifications, and note that the Town has endeavored to meet the oft-changing needs and requests of your client, at substantial increased expense to the Town. However, to the extent you believe there remain required items that have not satisfactorily been completed, please specify any such items for the Town's prompt review. e ruly ours, Kier M. Corcoran istant Town Attorney KMChk cc: Members of the Town Board Ms. Elizabeth Neville,Town Clerk Mr. James Richter, Engineering Inspector Mr. James McMahon, Community Development AGREEMENT OF LEASE AGREEMENT OF LEASE made this day of May, 2003, by and between DR. ALFRED J. TERP, JR. and MARIE TERP, having an address at 15421 Peach Leaf Lane, Gaithersburg, Maryland 20878, hereinafter referred to as "Owner" or "Landlord" and THE TOWN OF SOUTHOLD, a municipality, having an address at Town Hall, 53095 Main Road. Southold,New York 11971, hereinafter referred to as "Tenant". WITNESSETH: IT IS MUTUALLY COVENANTED AND AGREED by and between the Landlord and Tenant that this lease is made upon the foregoing and upon the following terms, covenants and conditions, and Landlord and Tenant hereby mutually covenant and agree to perform each and every one of the terms, covenants and conditions of this lease, and of all schedules and riders hereto annexed on their respective parts, as well as comply with the terms and conditions of improvements pursuant to the Plan annexed hereto as Exhibit "A," which each party hereto has signed and dated and said approved-upon Plan is hereby incorporated by reference herein and said approval shall be material and a condition precedent to the terms of this lease. ARTICLE I-PREMISES SECTION 1.01 -Leased Premises In consideration of the rents, covenants and agreements hereinafter set forth, Owner hereby leases to Tenant, and Tenant rents from Owner, that certain parcel and/ or premises known as Suffolk County Tax Map # 1000-102-05, Parcel(s) # 03, 04 & 9.6, at Main Road, Cutchogue, N.Y. 11935, which premises consists of unimproved parking area(s) containing a gross area of approximately 38,250 square feet contained in separate lot designations (as per Plan and survey with metes and bounds description annexed hereto as Exhibit "A"), herein collectively called "Leased Premises." The parties agree that the Tenant is responsible for all costs of said survey, as well as solely liable for the accuracy of metes and bounds described therein. The above grant is subject to all zoning and building regulations, local, state, municipal and federal regulations and any amendments thereto, affecting the premises now or hereafter in force; to any state of facts an accurate survey may disclose; to covenants, easements, agreements and restrictions of record, if any, provided same do not prohibit the maintenance of an improved, paved public parking lot and to any state of facts a personal inspection of the premises might reveal. 1 ARTICLE U-UTILIZATION OF PREMISES SECTION 2.01 -Use of Premises and Additional Areas of Premises The Tenant shall use the Leased Premises solely for the purpose of establishing and maintaining and conducting a public parking lot and for no other purpose. Notwithstanding anything contained herein to the contrary, Tenant agrees that it shall not, at any time, use or permit to be used,the sidewalk adjacent to the parking and common areas, or any other space outside the leased premises, for parking, display, storage or any other similar undertaking. SECTION 2.02 - Continuing Conditions Precedent to Lease It shall be a continuing condition precedent to this LEASE, that Tenant shall not erect or cause to be erected or have placed upon the demised premises any structure, building, edifice, landscaping, planting, barriers, monuments, benches or seating without the express written permission of the Owner, except as provided for herein and congruous to the specifications as contained in Plan annexed as Exhibit "A." It shall be a continuing condition precedent to this LEASE, that Tenant shall not cause, suffer or permit any other activity at the demised location other than municipal public parking, including but not limited to the following prohibited activities: Town of Southold official vehicle parking for storage purposes, washing, storage and/ or maintenance of any vehicle or equipment of Tenant. Overnight parking shall be prohibited except in the following designated parking spaces: #48-53, located in northwest vicinity at the rear of the Post Office. It shall be a continuing condition precedent to this LEASE, that the Tenant shall not cause, suffer or permit at or' upon the demised location any activity characterized or advertised as, including but not limited to, festivals, meetings, carnivals, street fairs, auctions, flea markets,public assembly, bus or mass transit commercial vehicular activity,whether for hire or provided to the public at no cost,without the prior express written permission of the Owner. It shall be a continuing condition precedent to this LEASE, that Tenant agrees to remove, within one hundred and twenty (120) days of the execution of this lease, the existing park as shown on a survey of Peconic Surveyors, dated 6/23/95, annexed hereto, leaving only a flagpole, monument, clock and plantings, so as not to exceed sixty(60) feet from the curbline as existing at Route 25 and extending northward along Griffing Street, and to install and maintain diagonal parking spaces adjoining the northeasterly side of Griffing Street substantially similar to how such spaces existed prior to the construction of said park area and congruous to the specifications as contained in Plan annexed hereto as Exhibit"A." SECTION 2.03 - Solicitation Tenant and Tenant's employees and agents shall not solicit in the parking or other common areas, nor shall Tenant distribute to the public therein or place any handbills or other 2 printed or written advertising matter` on automobiles parked in the parking areas. Upon written notice by Owner, Tenant agrees to take all necessary steps, legal and equitable, to compel the discontinuance of said solicitation within ten(10) days of said notice. SECTION 2.04-Utilities Tenant shall throughout the term of this lease pay all and any utility charges for -utilities used at the demised premises, including,but not limited to, electricity, water, etc. It is the understanding and intention of the parties hereto that Owner leases the demised premises to Tenant without any services of any kind. SECTION 2.05 -Municipal Permits and Licenses Tenant shall, at its own cost and expense and upon its own responsibility, apply for and obtain any necessary permits and other licenses for use, conduct and maintenance of the parking lot in the demised premises. Tenant shall also pay any fees in connection with any licenses or permits required by the local municipal authority for any construction, demolition, equipment or machinery at the demised premises. A. Tenant represents that all construction and improvements will be undertaken in a good workmanlike manner and will be completed in an expeditious continuous manner once undertaken. Tenant represents that access/ egress from said premises shall not be hindered or blocked for any more than a continuous forty-eight (48) hour period. The Tenant shall grant to Owner and his other tenants and/or employers special permits and/ or notification to enable them to utilize available on-street parking beyond the time limits imposed free of violations and/ or summons during the period of construction and/ or improvements. SECTION 2.06 -No Non-Permitted Uses or Purposes Tenant shall not occupy or use, permit or suffer the demised premises or any part thereof to be occupied or used for any other permissible use or purpose other than municipal parking, nor in such a manner as to constitute a nuisance of any kind, nor for any purpose or in any way which constitutes a violation of any present or future laws, rules, requirements, orders, directions, ordinances or regulations of the United States of America, or of the state, county or city government, or other municipal, governmental or unlawful authority whatsoever. Tenant shall immediately, upon the discovery of any such non-permitted use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to oust and remove any occupants, or other persons guilty of such impermissible use. Tenant shall indemnify and hold harinless Landlord from and against any and all cost, expense, claim, loss, damage, liability, suit, fore or penalty, including reasonable counsel fees, arising out of or by reason of or on account of any violation of or default in the provisions of this Article by Tenant, Tenant's agents, employees,representatives and/or associates. 3 ARTICLE III- COMMON AND EXTERIOR ADJACENT AREAS SECTION 3.01 - Control of Common Areas by Owner All common areas, driveways, sidewalks and other facilities and improvements contiguous to the parking lot are furnished by Owner for the benefit of his other Tenants. For the purposes of this Agreement, "common areas" are defined and delineated as all areas of the premises which are constituted by brick, mortar, concrete, stone, asphalt, grass and/ or earthen areas and specifically all areas which are not constituted by the paved municipal parking lot area. For the general use in common, Tenants, their agents, employees and utilizers of the parking facilities shall at all times be subject to the exclusive management of Owner and Owner shall have the right from time to time to establish,modify and enforce reasonable rules and regulations with respect to all such facilities and areas. Owner shall have the right to: A) Close all or any portion of such areas or facilities to such extent as shall be sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein. With respect to an existing easement, no permanent parking curbs will be installed so as to inhibit or impede passage upon said easement by pedestrian or vehicular traffic along the eastern property line boundary for approximately twelve (12) feet to the property or land now or formerly known as Old Town Arts & Crafts. The Town shall be responsible for taking all necessary steps for closing this easement for a period of 24 consecutive hours once per year (including all necessary publication). Copies of all relevant documents and notices shall be provided to the Owner on a yearly basis. B) Do and perform such other acts in and to such areas and improvements as, in the use of good business judgment, Owner shall determine to be advisable with a view to the improvement of the convenience and use thereof by his other Tenants, their agents, employees and customers without interfering with public access and egress to the parking lot from Route 25 and Griffing Street. Owner will operate and maintain the common facilities referred to above in such a manner as Owner,in its sole discretion shall determine from time to time. ARTICLE IV-MAINTENANCE OF DEMISED PREMISES SECTION 4.01 -Maintenance by Tenant Tenant, at its own cost and expense, shall maintain the demised premises in good repair and physical condition with a pleasant cosmetic appearance, including but not limited to painting, signage, markings,waste removal, sanitation, sweeping, snow removal and re-paving in a presentable condition. Tenant shall not be permitted to post or place any sign which obstructs or impairs the view of pedestrians or vehicles of the adjacent and contiguous property of the 4 Owner without the prior written approval of the Owner. Tenant shall erect five (5) security lighting fixtures with sufficient luminescence within the demised premises consistent with custom and usage in similar type public parking lots, and congruous to the specifications as contained in Plan annexed as Exhibit"A." In the event of the failure of the Tenant to generally comply with this regulation or any part thereof, Owner agrees to provide written notice of said failure and afford five (5) days to cure same. In the sole discretion of the Owner, should Tenant fail to cure same within said five (5) day period, the Owner may engage whatever services may be necessary to maintain the premises in a suitable degree of cleanliness and freedom from snow consistent with the standards of the maintenance of the Center and the terms herein, and that Tenant shall be responsible for all costs thereof. Tenant shall leave sufficient space within the demised premises, for the installation of, at the option of and in the area selected by the Owner as per the specifications as contained in Plan annexed as Exhibit "A," a metal container of the type supplied by carting companies for the purpose of accumulating garbage, i.e. a dumpster, for the sole use of Landlord, the Tenants of the shopping center and their patrons. ARTICLE V-ACCESS BY OWNER SECTION 5.01 -Easements Tenant shall permit Owner and/or its designees to erect, use, maintain and repair pipes, cables, conduits, plumbing, vents and wires, in, to and through the Demised Premises, as and to the extent that Owner may now or hereafter deem to be necessary or appropriate for the proper operation and maintenance of the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property. All such work shall be done so far as practicable, in such manner as to avoid interference with Tenant's use of the Premises. Owner agrees to bear the costs of and be responsible for any and all re-paving, repair and/ or replacement of paved lot surface area demolished by any additions and/or improvements to the buildings abutting, adjacent and contiguous to the location of the Demised Premises or any other portion of the property actions undertaken by Owner pursuant to this paragraph. Tenant agrees to bear the costs of and be responsible for any and all other re-paving, repair and/ or replacement of paved lot surface area made necessary by deterioration, normal wear and tear or any other causes, natural or otherwise, not attributable to additions and/ or improvements to the buildings by Owner. Anything herein to the contrary notwithstanding, Tenant shall, at Tenants' own cost and expense, secure and pay for all repairs to foundation paving and drainage system and for all maintenance and services required by Tenant for the preservation of the demised premises, including,but not limited to, electricity, light, maintenance services, garbage and waste disposal and snow removal. Landlord shall have no obligation to furnish or perform any repairs, maintenance or services, including but not limited to those hereinbefore noted. 5 SECTION 5.02 -Expansion Notwithstanding this Lease or anything to the contrary herein, Owner reserves the absolute right to extend the existing buildings on his real property as depicted by the shaded area in Exhibit A. Owner agrees that should said expansion take place, Tenant shall just compensation equal to the cost of the portion of the Demised Premises built and expanded upon by Owner. Said expansion shall not alter any of the existing rights and obligations of the parties to this Lease. If, as a result of said expansion, additional parking spaces designated solely for the benefit of the other tenants of the Owner are necessary, said spaces, in addition to the four (4) spaces allotted herein, shall be granted and designated at the rate of one (1) additional space per additional Tenant. ARTICLE VI-ENVIRONMENTAL REQUIREMENTS SECTION 6.01 -Environmental Compliance With respect to the demised premises, Tenant, at its sole cost and expense, shall fulfill, observe and comply with all of the terms and provisions of and shall cure all violations arising from all applicable governmental laws, rules, regulations, ordinances and/or requirements relating to air, ground and/or water pollution and protection and/or preservation of the environment, and all rules, regulations, ordinances, opinions, orders and directives issued or promulgated pursuant to or in connection with the Environmental Protection Agency, or any Department of Environmental conservation or any subdivision or bureau thereof or any other governmental or quasi-government agency, authority or body having jurisdiction over such matter. Without limiting the foregoing, Tenant agrees that it shall prepare, deliver and or file with the applicable governmental authorities, all forms, certificates, notices, documents, plans and other writings, and furnish all such other information as may be reasonably required or requested by any applicable governmental authority, in connection with compliance or curing of any applicable requirement related to the termination of this Lease, the sale or transfer of Tenant's Building and/or the Land. ARTICLE VII-INDEMNIFICATION SECTION 7.01 -Indemnification of Owner The Tenant shall defend, indemnify and hold Owner harmless from and against all liability, claims for bodily injury, death and property damage, as well as reasonable attorney fees, arising out of the negligent acts of Tenant incurred by Owner in connection with this Agreement or the performance of its duties hereunder, or between the Owner and any third party arising out of the negligent acts of the Tenant, except if such liability or expense is the result of the gross negligence of willful misconduct of Owner. 6 ARTICLE VIII-INSURANCE SECTION 8.01 -Liability Insurance Tenant and/or its subcontractors, agents or assigns, throughout the term of this Lease, shall, at its own cost and expense, obtain and maintain in full force and effect, a policy of general liability insurance having a limit of$5,000,000.00, from a financially responsible insurer licensed to do business in the State of New York. Said policy shall name Owner as an additional insured. Tenant shall deliver to the Owner a certificate of such insurance policy on or before the beginning of the term of this Lease. In the event of the failure of the Tenant to secure, maintain and pay for such policy and to provide a certificate thereof to Landlord, Landlord may, in Landlord's sole discretion, order such policy and the premium cost thereof shall be due from Tenant as additional rent hereunder or Landlord may elect to treat such failure as a default hereunder, in which case, Tenant agrees such default is a material default of the Lease. If there is any material damage to or destruction of the Demised Premises or any part thereof, Tenant promptly shall give written notice thereof to the Owner, generally describing the nature and extent of such damage or destruction. If there is any damage to or destruction of the Demised Premises or any part thereof, Tenant, at Tenant's expense whether or not the insurance proceeds, if any, on account of such damage or destruction shall be sufficient for the purpose, promptly shall commence and complete, subject to Unavoidable Delays, the restoration, replacement or rebuilding of the Demised Premises as nearly as possible to its value, condition and character immediately prior to such damage or destruction. Pending the completion of such Restoration, Tenant shall perform all temporary work and take all such actions as may be necessary or desirable to protect and preserve the Demised Premises. SECTION 8.02 Property Insurance Tenant shall have property insurance in place through its regular policies of insurance of at least$100,000.00(one hundred thousand dollars). ARTICLE IX-ABSENCE OF REPRESENTATIONS SECTION 9.01 -No Representations of Owner Neither Owner or Owner's agents have made any representations or promises with respect to the physical condition of the buildings adjacent to the demised premises, the land upon which they are erected or the demised premises, the rents, leases, expenses of operation or any 7 other matter or things affecting or related to the demised premises except as herein expressly set forth and no rights, easements, or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this lease. Tenant has inspected the building and the demised premises and is thoroughly acquainted with their condition, and agrees to undertake construction with all adjacent property/buildings "As Is," and be solely responsible for any damage to any of the existing structures and/or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plan annexed as Exhibit "A" and incorporated by reference herein, between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between the Owner and the Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or affect an abandonment of it in whole, or in part, unless such executory agreement is in writing and signed by the parties hereto. ARTICLE X-REAL ESTATE TAXES SECTION 10.01 -Definition The term "real estate taxes" and "property taxes" shall mean all taxes and assessments levied, assessed or imposed at any and at the present time by any governmental authority in connection with the ownership of the demised premises. SECTION 10.02-Real Estate Tax It is understood and agreed that Owner shall pay directly one hundred (100%) percent of any and all taxes, including, but not limited to, real estate/school/town/village/fire district/water/sewer taxes paid and applicable with respect to the demised premises as unimproved property. If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed value of the parcels as of the 2002/2003 tax year any increase in taxes on any or all of the parcels due to the portion of that increased assessed valuation which is directly attributable to the improvements made by the Tenant under this lease shall be paid by the Tenant. As to Suffolk County Tax Map Number 1000-102-5-9.6 all parties agree that the current actual tax due and owing for the tax year 2002/2003 is $970.41. All parties agree that for the term of the lease the Owner of SCTM 4 1000-102-5-9.6 shall not pay more than $970.41 in taxes on this parcel. If, over the term of the lease, the actual tax due and owing increases over $970.41 the Town shall pay (within 30 days of receiving notice from the owner that the tax due and oaring was paid) the owner the difference of the actual tax due and$970.41. SECTION 10.03 - Continuing Condition of Real Estate Tax Cap Notwithstanding any expiration or termination of this lease prior to the lease expiration date (except in the case of cancellation by mutual agreement) Owner's obligation to pay any and all taxes hereinbefore noted under this lease shall continue and shall cover all periods up to the lease expiration date. The Town agrees that for SCTM # 1000-102-5-9.6 even if the Town terminates the lease the Town shall pay to the Owner (within 30 days of receiving notice from the owner that the tax due and owing was paid) the difference between the actual tax due and owing for any given tax year and the actual tax due and owing as of tax year 2002/2003 ($970.41) for all of the years originally included in this lease. ARTICLE XI-RENT The Tenant shall pay to the Owner, his heirs, assigns and successors, rent at the rate of ONE ($1.00) DOLLAR per year, payable on the anniversary date of the execution of lease. ARTICLE XII-TERM The term of said Lease shall be TWENTY (20) years, all dates calculated from the date of a fully executed lease. ARTICLE XIII-NOTICE SECTION 13.01 -Requirements Any notice by either part to the other shall be in writing and shall deemed to be duly given only if mailed by certified mail in a post-paid envelope, return receipt requested, addressed: (a) If to Tenant, at the TOWN HALL OF THE TOWN OF SOUTHOLD; (b) If to Owner, at the address set forth herein, or at any other address as Owner may deem from time to time designate by notice given to Tenant. ARTICLE XIV-NO ASSIGNMENT SECTION 14.01 -No Right of Assignment by Tenant Tenant shall not be permitted to assign, sublet or transfer any of the rights, duties and obligation hereunder and this lease may not be assigned without the prior written consent of the Owner. 9 �tqj ARTICLE XV-DEFAULT SECTION 15.01 -Defaults and remedies If(1) Tenant defaults in fulfilling any of the covenant or agreements or any rules or regulations of this Lease on its part to be kept or performed and such default is not made good within ten (10) days after written notice from Landlord or its agent, or within such additional time as Tenant may be prevented from making good the default as is caused by delays attributable to strikes, labor troubles, acts of God, goverrvnental prohibitions and similar causes beyond Tenant's control, or (2) If this Lease is transferred to or devolve upon any person or corporation other than Tenant, except as may be specifically permitted by this Lease, or if this Lease is mortgaged or assigned without the written consent of the Landlord, then and in any of such events mentioned in this subparagraph "A" the term thereof, shall thereupon ipso facto expire and come to an end as if such expiration was so fixed by the terms of this Lease on tenth (10th) day of such default as mentioned in (1) above and Landlord may re-enter upon the demised premises either with or without process of law and remove all persons and property therefrom and Tenant shall quit and surrender the same to Landlord and Tenant shall remain liable as hereinafter provided. In the event Tenant shall fail, neglect or refuse to quit and surrender the demised premises upon receipt of notice from Landlord declaring the term hereof at an end, then Landlord may commence a summary proceeding to remove Tenant from the premises as a holdover. If the default is of such a nature that it cannot be cured within ten (10) days, if Tenant commences to cure such default within ten (10) days and proceeds diligently to remedy such default, the Landlord shall not have the right to terminate this Lease. If the term of this Lease shall expire as hereinabove provided, Landlord may re- enter the demised premises and remove Tenant or its legal representatives or other occupant and/ or property by summary proceedings or otherwise and Tenant hereby waives the service of notice of intention or to institute legal proceedings to that end. In case of any re-entry, expiration and/or dispossess by summary proceedings or otherwise, the Tenant shall be liable for any and all expenses as Landlord may incur for legal expenses, attorneys fees and/or putting the demised premises in good order. The words "re-enter" or "re-entry" as used in this Lease shall not be restricted to their technical legal meaning. In the event that the Tenant is successful in any proceeding brought pursuant to the provisions hereof, it shall be entitled to its reasonable legal fees. In the event of a breach or threatened breach by Tenants of any of the covenants or provisions of this Lease, Landlord shall have the right of injunction and the right to invoke any remedy allowed at law or equity as if re-entry, summary proceedings and other remedies were not herein provided for. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in lav or in equity. Tenants hereby expressly waive any and all rights of redemption granted by order or any present or future laws in the event of Tenants being evicted or dispossessed, or in the event of Landlord obtaining possession of the demised premises by reason of Tenant's violation of the provisions of this Lease. If Tenants shall default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Landlord may, at its option, perform the same for the account and at the expense of Tenants. If Landlord at any time shall be compelled 10 to pay or elected to pay any sum of money by reason of the failure of the Tenant to comply with any provision of this Lease, or if Landlord incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Tenant under this Lease, the sums so paid by Landlord with legal interest, costs, and damages shall be due from and be paid by Tenant to'Landlord on demand. Likewise, if Landlord shall interfere with the lawful use of the demised premises, or otherwise default in the performance of any provision, covenant or condition on its part to be performed under this Lease, Tenant may, at its option,perform same for the account and at the expense of Landlord. If Tenant at any time shall be compelled to pay or elect to pay any sum of money by reason of the failure of the Landlord to comply with any provision of this Lease, or if Tenant incurs any expense, including reasonable attorney's fees in prosecuting or defending any action or proceeding by reason of any default of Landlord under this Lease, the sums so paid by Tenant with legal interest, costs, and damages shall be due from and be paid by Landlord to Tenant on demand. In any case where Landlord brings any action or summary proceeding for any default of the Tenants hereunder, Landlord shall be entitled to reasonable attorney's fees; plus filing fees, sheriffs fees, if any, for any action or proceeding. Likewise, in any case where Tenant brings any action or summary proceeding for any default of the Landlord hereunder, Tenant shall be entitled to reasonable attorney's fees; plus filing fees, sheriff's fees, if any, for any action or proceeding. Parties each waive trial by jury in any summary proceeding. IN WITNESS WHEREOF, the parties have signed this twelve (12) page agreement the day and year first above written. Landlords: Dr. Al d J.Te Jr. MariVFerp 61 i — Tenant: THE TOWN OF SOUTHOLD By: oshua Y.Horton, Supervisor 11 F - STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) jvf'e On the (;0 day of 44-a5r, 2003, before me the undersigned, a Notary Public in and for said State, personally appeared ALFRED J. TERP, personally 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 as having Power of Attorney for DR. ALFRED J. TERP, JR. and MARIE TERP, and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. 004E E.SAYA& y p, ,Stye of Nov Yah Pb. No Public VIfr, eam 3(dq a--7 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the l dt- day of May, 2003, before me the undersigned, a Notary Public in and for said State, personally appeared JOSHUA Y. HORTON, personally 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 as Supervisor of the Town of Southold, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. l - , Notary Public MELANIE DCROSIQ NOTARY PUBLIC,State of New York No.01004634670 Qualified in Suffolk County Commission Expires September30�� b 12 NDS Exhibit "A" THE SITE PLAN CONTAINED HEREIN HAS SEEN GENERATED FRO. FORD DESCRIPTIONS.THE CONTRACTOR GR SHALL DE RESPONSIBLE PER-LIE FOR ALL SITE SURV EYIND TO VERIFY GRADES AHD PROPERTY LINES. Thic F"wing le not a Svrvryl sctNLtooatozasoz sczq r toaam:�sos I saufttd ARTS 6 (�. ENiohmflnp CRAFTS UNI 4aa' � PAST OF(4 seas tmatazc,�y, ® t r dd u O d�0 U) RIFpyG STREET ��•���,,6�� � d � � = p L s, o, .0 H a 3 a� o wD, U c7 Q Lu u ' o z p z g a a C= d Y N G m W m In a C GO ° N . coo N s ! In Proposed Parking Plan Drawing: GRIFFING STREET - CUTCHOGUE VILLAGE spM1 Scale: V=70' Sheet# of 7 o�oS�fFoc,�c OG Southold Town Hall,53095 Route 25 Robert I.Scott Jr.,Chairman �, �� Wj P.O. Box 1179 Scott A. Russell, Assessor y Southold,NY 11971-0959 Darline J. Duffy,Assessorp trY Fax: (631)765-1356 y �! r Telephone:(631)765-1937 BOARD OF ASSESSORS TOWN OF SOUTHOLD Date: 11/29/04 To: Elizabeth A. Neville, Southold Town Cierk From:Robert I. Scott, Jr., Chairman,,:'- RE: Verification for Taxes Terp Parking Lot The taxes for 2003/04 on SCTM# 1000-102-5-9.6 are $1,014.95. They are paid in full. The amount due to Mr.Terp as per the lease agreement is$44.54. If you have any questions, please give me a call. �q qj) �os�fEac,�c �� GG ELIZABETH A.NEVILLE j y� Town Hall,53095 Main Road TOWN CLERK ern 2 P.O.Box 1179 REGISTRAR OF VITAL STATISTICSO Southold,New York 11971 NLkRRI_AGE OFFICER • a��� Fax(63 1) i65-6145 RECORDS MANAGEMENT OFFICER Telephone(631) 765-1800 FREEDOM OF INFORAUTION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Robert 1. Scott,Jr.,Chairman,Board of Assessors From: Elizabeth A. Neville, Southold Town Clerk Re: Lease for Terp Parking Lot Date: November 22, 2004 In accordance with Town Comptroller Cushman's request,please certify that Mr. Terp's calculations are correct regarding the payment of taxes and amount due him. Thank you. Neville, Elizabeth From: Cushman, John Sent: Monday, November 22,2004 1:28 PM To: Neville, Elizabeth Subject: RE:Al Terp Betty, As I recall,we wanted the Assessors to certify that Terp's calculations are correct. Therefore, please send it to them asking them to certify, then send it over to me and we will process for payment. Thanks John From: Neville, Elizabeth Sent: Monday, November 22, 2004 10:21 AM To: Cushman,John Subject: AI Terp John, i I have the request from Mr.Terp. Do you need a voucher with it? I have attached a copy of the tax bill, Article X, Sec. 10.02 of the lease Please let me know how to proceed with it. Thank you Betty Oqi To: Southold Town Clerk Elizabeth A. Neville From: Alfred J. Terp Re: Lease Agreement Public Parking Lot Date: November 15, 2004 In accordance with the Lease Agreement between Alfred J. Terp,Jr. & Marie Terp and the Town of Southold for the premises located at Main Road, Cutchogue,New York, 'SCTM# 1000-102-05 Parcel(s) # 03. 04& 9.6, Article X. Section 10.02 - Real Estate Tax, l hereby apply for payment in the difference in the actual tax due and$970.41 for the tax year 2003/2004, said amount being$44.54. Alfrd J. TV,Jr. I • R �"� , V 1 other matter or things affecting or related to the demised premises except as herein expressly set forth and no rights, easements, or licenses are acquired by Tenant by implication or othenvise except as expressly set forth in the provision of this lease. Tenant has inspected the building and the demised premises and is thoroughly acquainted xith their condition, and agrees to undertake i construction with all adjacent property/buildings "As Is," and be solely responsible for any damage to any of the existing structures and..or appurtenances thereat. All understandings and agreements heretofore made, together with the specifications as contained in Plan annexed as Exhibit"'A" and incorporated by reference herein, between the parties hereto are merged in this contract, which alone fully and completely expresses the agreement between the Owner and the Tenant and any executory agreement hereafter made shall be ineffective to change, modify, discharge or affect an abandonment of it in whole, or in part, unless such executory agreement is in writing and signed by the parties hereto. ARTICLE X-REAL ESTATE TAXES SECTION 10.01 -Definition The term "real estate taxes" and, "property taxes" shall mean all taxes and assessments levied, assessed or imposed at any and at the present time by any governmental authority in connection with the ownership of the demised premises. SECTION 10.02-Real Estate Tax It is understood and agreed that Owner shall pay directly one hundred (1009i10') percent of any and all taxes, including, but not limited to, real estate;'schoobltown/village/fire district/water/sewer taxes paid and applicable with respect to the demised premises as unimproved property. If the assessed value of any or all of the tax parcels affected by this lease increases over the assessed value of the parcels as of the 2002/2003 tax year any increase in taxes on any or all of the parcels due to the portion of that increased assessed valuation which is dire3tly attributable to the improvements made by the Tenant under this lease shall be paid by the Tenant. As to Suffolk County Tax Map Number 1000-102-5-9.6 all parties agree that the current actual tax due and owing for the tax year 2002/2003 is $970.41. All parties agree that for the term of the lease the Owner of SCTM# 1000-102-5-9.6 shall not pay more than $970.41 in taxes on this parcel. If, over the term of the lease, the actual tax due and owing increases over $970.41 the Town shall pay (within 30 days of receiving notice from the owner that the tax due and owing was paid)the owner the difference of the actual tax due and$970.41. 8 i o��SUEFQ(,�-goo i ' TOWN OF SOUTHOLD j y:� Town Hall, 53095 Main Road RECEIVER OF TAXES y P.O. Box 1409 p Southold,New York 11971-0499 Fax (631) 765-1823 .( �► Telephone(631) 765-1803 i OFFICE OF THE RECEIVER OF TAXES TOWN OF SOUTHOLD i X08;i00'I 8C'0fi 00'08 St'LOSS I.00Z%S0%I() IVH ONZ 3015 OMIG 3f1�vH.-Ill i Xcls-f001I 900fi 00'086 LI-"LOSS t-007-lS0%T0 3'IVH IST 3015 4173❑ 3f1D0HZQfl- ------------- -------- --------------- --------------- ---------- -------- ------------------- i COHI314 HZ)IVe CIVd :I'IMad CI:d SEX-VZ 3IVC ZGEIG IN31nI.T.V3 j S5'�I0'IS S5'IT0'T$ O! 'oa ?I'L0 ---- LI•'LL,SS -------------- ------------ ------------ --------- -------- •--- S.I II3b L. fd 'I-�I01 }:dI li I01 :I'I`ZfI3d ::uJ, 31IVH CIIZ T7,il 31I7H J SI C3 f1I V6•I SQ?87 =I1I0IIVD01i 3Ic3'tl+] 3331 :3lri-m 3311!10 9'6-S-'Z0T :-daaIf1N cTvw xvj, 596£Lt- :SII]s 5S8TI0 :dEFE[+If1N 'I'I18 fi00Z;EOOZ ?AZ'I }(�I C3ZVCI1IOSN0O 3SAI3333 :I fi , :'• 5? OT IdI3032I ZNSHAVd YVI N1Jh1I'I'Ins "d SEI2111-3.' C'IGHJ,f]OS 30 NMOL . BOARD MEMBERS ®f,s® Southold'Town Hall Leslie Kanes Weisman,Chairperson ®�� ®1 53095 Main Road.P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® �-V a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®� 9� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 7, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 7, 2016: 1:45.P.M. -ALFRED J. TERP, JR. #6941 - Request for Variance from Article X Section 280- 46 and the Building Inspector's January 11, 2016 Notice of Disapproval based on an application for building permit to construct a 5,573 sq. ft. retail building, at; 1) less than the code required front yard setback of 15 feet, located at: 28195 Main Road (aka State Route 25) (corner Griffing Street) Cutchogue, NY. SCTM#1000-102-5-4,3,9.6 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothC&-Town.Southold.ny.us Dated: March 7, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 = Southold, NY 11911-0959 r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x Jr In the Matter of the Application of TERP AFFIDAVIT OF (Name of Applicant) MAILINGS APPEAL # 6941 SCTM Parcel #1000-102-5-4, 3, 9.6 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: V/ On the ; day of March, 2016, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or rivate street, or hicular right-of-way of record, surrounding the applicant's property. (Si nature) BE SY PERINS Sworn to before me this da of March, 2016�l (No ary Public) MARGARET C. RUTKOWSKI Notary Public, state of New York Pio. 4962528 Qualified in Suftolk County �0 Commission Expires June 3, 17 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. r- � TERP ZBA NEIGHBOR LIST ( biq SCTM: 1000-102-5-3,4 & 9.6 11 S J Cohen 1996 Tr. 28000 Main Road LLC 154 Arguello Blvd. PO Box 106 San Francisco CA 94118 Mattituck NY 11952 sctm: 100-102-5-2 sctm: 1000-102-6-7 Old Twn Arts & Crafts Gld Dawn Blangiardo PO Box 392 PO Box 371 Cutchogue NY 11935 Cutchogue NY 11935 sctm: 1000-102-5-6 sctm: 1000-102-6-8 Nancy B. Marschran PO Box 246 RC Church of Sacred Heart Cutchogue NY 11935 attn: Michael Flanagan Esq. sctm: 1000-102-5-7 Diocese of Rockville Centre PO Box 9023 Wickham Farmland LLC Rockville Centre NY 11571 PO Box 928 sctm: 1000-102-1-18.1 Cutchogue NY 11935 sctm: 1000-102-6-20.2 Anj o Ltd. Attn: Joseph Nolan 8910 Soundview Ave. Southold NY 11971 sctm: 1000-102-1-33.4 MOORE 'LAW OFFICE 3 Service TVoe 51020 M -,R 0 AD, 1XIC J Mail@ 0.Restricted Delivery SOUTHOL- -.,Y: 119.71' 2. Article Number 9214 7042 4388 0900 0079 93 11H ® A Signature 0 Agent x C-Ja-LU.-t-, El Addressees 9214 ?042 4: 8 8,,,X1,9 0 7 9 93 B Received by(Printed Name) ate of D ],Very 'A' WV Vt.( k dA �4 a! q1 'Article Addressed To D Is delivery address different from item Yes If YES,enter delivery address below No -,,41t 0X 928 ;,-HOGUE NY' 11935 " IIIIIIIIIIIIIIillllllllllllllllllllllllllllllllllllllll 1 ,92911- 1-042 4388 0900 0079 90 J'PS F6m11 381''1 Fac&mi ile,"April 201 k 1 . Domestic Return Receipt MOORE LAW OFFICE 3. Service Type 51020 MAIN ROAD (K Certified Mail@ 0 Restricted Delivery SOUTHOLD NYi119711 2 Article Number 9214 7042 4388 0900 0080 35 Si ature A ��ih��llkilfilfi lllllllllllll t A. 0 Addressee 9 2,1�t' 7 0 8 [19 0 0 0 0 8 0 3 5 ived by1nNV C Date of Delivery ; K1.6 1 Article Addressed To D Is delivery address different from i A N JIA, L I�D If YES,enter delivery address A T T EVH N 0 L A N 8910, �OUNDVIEW AVE - 0 SOUTHOLD NY 11971 0 MAR 2 5 2016 45 9290 9042 4388 0900 0050 34 ] , PS Form 3811 Facsimile,April 2015 Domestic Return Receipt MOORE LAW OFFICE STY ICT 51020 MAIN ROAD ®Certified Mail@ El Restricted Delivery SOUTHOLD NY 11971 2. Article Number 9214 7042 4388 0900 0080 08 II IIIIIIIIIIIIIIIIIIIIIIIIIIII Signature Addess "FEN4: 71-042 4388 0900 0080 0 8 B. Received*(Printed Na C. D of Deliv 3— icle Addressed To. MAIN ROAD LLC D Is delivery,address differ rom item 19 Yes If YES,enter delivery a ss belovMARE2016 &A8 0 BOX 106 TTITUCK NY 11952 USPS Aj loop, ®�� C III II II IIIIIIIIIlI�I� 52"90 9042 4388 0900 0080 03 PS'F6rnh 3811 Fabs'imile',April�2 616 Domestic Return Receipt RECEIPT RECEIPT RECEIPT RECEIPT 9214 7042 4388 0900 0079 93 i 9214 7042 4388 0900 0079 84 X214 7042 4388 0900 0079 66 9214 7042 4388 0901,,„175 FROM FROM- FROM FROM Moore Law Office i Moore Law Office RE TERP Moore Law Office Moore Law Office RE TERP RE TERP RE TERP J I I SEND TO: SEND TO- SEND TO- SEND TO Wickham Farmland LLC S J Cohen 1996 Tr Old Twn Arts&Crafts Gld Nancy B Marschran PO Box 928PO Box 246 Cutchogue NY 11935 154 Arguello Blvd PO Box 392 San Francisco CA 94118 Cutchogue NY 11935 Cutchogue NY 11935 FEES. FEES- FEES: FEES. 1 Postage 0465 Postage 0 485 Certified Fee 3 30 Postage 0 485 Postage 0485, Certified Fee 330 Return Receipt 270 Certifled Fee 330 Certified Fee 330 Return Receipt 270 Restricted Return Recai t 2 70 Return Receipt 70 Rastncte \� (�l y Restricted N r' Restricted 1� e , TO .L� �� 85 TOTAL ` 4 TO/ 71 oA,L/' $6.48x . TOT w $6. 8� �� PO �1�I�A K OR D - P&,tTMARK OR ? �� POT ARK OR, TE a�- RECEIPT RECEIPT RECEIPT RECEIPT 9214 7042 4388 0900 0080 08 9214 7042 4388 0900 0080 17 9214 7042 4388 0900 0080 26 9214 7042 4388 0900 0080 35 FROM. FROM. FROM FROM. Moore Law Office Moore Law Office Moore Law Office Moore Law Office RE TERP RE TERP RE TERP RE TERP { SEND TO' SEND TO SEND TOSEND TO. 28000 Main Road LLC Dawn Blangiardo , Ano Ltd PO Box 106 PO Box 371 RC Church Sacred Heart 1 ue NY 11935 j attnDiocese Michaell Flanagan Esq Att891 Joseph Nolan Mattituck NY 11952 Cutchogue ; Diocese of Rockville Centre I 8910 Soundwew Ave 1 PO Box 9023 Southold NY 11971 Rockville Centre NY 11571 FEES. FEES FEES FEES: Postage 0 485 Postage 0 485 Postage 0 485 Certified F 330 Certified Fee 330 Postage 0 485 Certified Fee 330 � Certified Fee 3 30 Retu ecri'pt 1\�� 2 70 Return Rez, t1 270 Return R cel Re tr�c '� ` Rest de'd Return Re e1pE 270 P 270 Rest 9'• " Restr e �L O,TAL-- $ TOPA'�� 6 '85 r- �'S4 T03 `6485 ! TAL �.485 STIVIe4 'O POSTMARK`dit IDA STMA VF�2 DAT OSTMARKrQ PT MOORE LAI' - FICE 3. Service 51020 MA: Z O A D SOUTHOLD NY 11971 DU AadO ElRestricted Delivery 2 Article Number -s. 9214 7042 4388 0900 0079 75 A S. ® IIIIIIIIIIIIIIIIIIIIIIIIIIilllllll 111111 I III 111111 III ❑Agent 0Addressee 9214 7042 4388 0900 0079 75 B. roe (Printed Name C Date ofD liveryt r Z Vk^J� D. s delivery drest different from item 1? ❑Y s 1. Article Addressed To: If YES,enter delivery,address below ❑ o O L D T W N ARTS & CRAFTS G L D PO BOX 392 CUTCHOGUE NY 11935 III IN 111111111111111111111111111111111111111111111111 9290. 9042 4388 0900 0079..76 PS Formt3811:Facs�T;rjiile,April 201'5 t +s` ' • Domestic Return Receipt MOORE LAW OF'UICE•, 3. Service Type 51020 MAIN' ROAD"' ®Certified Mad@. 0.Restricted Delivery SOUTHOLD'NY,•-1101 : 2 Article Number 9214 7042 4388 0900 0079 84 ® . ; ' � '� �lll�llllllll A. Signature t�..,-�����:�:���a4 111111IIII11111111111III a 11gent ha L, M kivil ❑Addressee 4388 0900 0079e--[-,,4 B Receiveda' (Printed Name) C. Date of Delivery D. Is delivery address different from item 19 ❑Yes 1 Article Addressed To. „ If YES,enter delivery address below- ❑No NANCY B• M A R S:C H R A N 7 PO BOX 246 CUTCHOGUE NY 11935 11111111111111111111111111 111 I ;�... 11111111111111111111111111 9290 9042 4388 0900 0079 83 ' PS Form 38'1'1 Facsimile,April 2015 t t i i Domestic Return Receipt MOORE LAW O F I C EE 3 Service Type 51020 M A ITN ROAD ®Certified Mail@ ❑Restricted Delivery SOUTHOLD NY 111971 2 Article Number 9214 7042 4388 0900 0080 26 I i A Signature -® ® � 111111 1111111111111111111111111111111111111111111111111 ❑Agent x ❑Addressee 9 2 1 _7.,0 4 2 4 33 8 0 5'L 0'=E10 8 0 26 B Received by(Pn d Name) C. Date of Delivery 1 Article Addressed To. . D Is delivery address different from item 1'2 ❑Yes RC ` HUs"< .0'=O f`': A C 6 r�`. HEAR T If YES,enter delivery address below: ❑ No ATTN: -f��;,d:=1-kE!'L' FLANAGAN ESQ DIOCESE OF ROCKVILLE CENTRE PO BOX 9023 ROCKVILLE CENTRE NY 11571 ��������������s�e�������������►s��se���� 9290 9042 4388 0900 0080 27 'PS Form 381 1Facsimile,April 2015 t i ;? i :t Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- L( o �— �j✓� 3, �, COUNTY OF SUFFOLK) S TE OF NEW YORK) kodo,sL • residing at LCd New York, being duly sworn, depose and say that: day of "R-2 ,� � � , 20110 , I personally placed the Town's On the 3D�- Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, Iocated ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confitm that the Poster has remained in place for seven(1)days for to the A.- date date of the subject hearing date, which hearing date was shown to be /e I (Signature) Sworn to before me this Day of 1( , 201 BETSY A. PERKINS (Votary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Count �L (No y Public Commission Expires July 18, T * near the entrance or driveway entrance of my property, as the area most visible to passerby. B #12703 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 31St day of March, 2016. ,amu/ Principal Clerk Sworn.to before me this day of 2016. LEGAL NOTICE ]0:00 A.M.-SUSAN and DOUGLAS SOUTIIOLD TOWN LOOZE 46940 - Applicant requests a ZONING BOARD OF APPEALS Special Exception under Article III Sec- THURSDAY APRIL 7,2016 tion 280-13B(14).The Applicant is the PUBLIC HE, owner requesting authorization to estab- NOTICE IS HEREBY GIVEN,pur- Esh an Accessory Bed and Breakfast,ac- suant to Section 267 of the Town Law and cessory and incidental to the residential Town Code Chapter 280(Zoning),Town occupancy in this single-family dwelling, of Southold,the following public hearings with two (2) bedrooms for lodging and will be held by the SOUTHOLD TOWN serving of breakfast to the B&B casual, CHRISTINA VOLINSKI ZONING BOARD OF APPEALS at transient roomers. Location of Property: NOTARY PUBLIC-STATE OF NEW YORK the Town Hall, 53095 Main Road, P.O. 1100 Youngs Avenue(aka Railroad Ave- No. 01V06105050 Box 1179, Southold, New York 11971- nue)Southold,NY.SCTM#1000-60-2-7.1 QugtlflQ(J in Suffolk County 0959,on THURSDAY APRIL 7 2016 10:15 A.M.-NORTH FORK UNIT My i,()mmliVQtl 1:401tes Februety 2B,2020 9:15 A.M. - LAZARUS ALEXAN• ED METHODIST CHURCH (CV) 11:15 A.M.-JONATHAN TIBBET 12:00 P.M.•FRANK J.and ELIZA- DROU #6927 — (Adj. from 3/3/16PH) (RMB REALTY.LLQ#6936-Request. Request for Variance from Article XXII for Special Exception per Code Section #6937-Request for Variances from Ar- BETH G.KELLY#689L—(Adjourned Code Section 280-116A(1)and the Build- 280-48131, the applicant is requesting ticle III Section 280-15F and Article from 2/4/16PH)This is a request under ing Inspectoi's January 25,2016 Notice of permission to construct and operate a XXIII Section 280-124 and the Building ' Article XXVI Section 280-146D request- Disappioval based on an application for house of worship and religious instruc- Inspector's January 27, 2016 Notice of ing Reversal of the building inspector's building permit for accessory in-ground tion,located at:43960 County Route 48 Disapproval based on an application for Notice of Disapproval dated August 31, swimming pool,at;1)less than the code (aka North Road) corner Horton Lane building permit for accessory in-ground 2015 requiring site plan approval under icquired 100 foot setback-from top of Southold,NY.SCTM#1000-63-1-15 swimming pool,at;1)proposed in',Ioca- Article XIII Section 280-51A(2),located bluft,located at:2700 Sound Drive(adj. 10:30 A.M.- DANIEL F.HIGGINS tion other than the code required rear at: 1900 Great Peconic Bay Boulevard to Long Island Sound),Greenport,NY. #6933-Request for Variance from Arti- yard or front yard on waterfront property, (adj. to Brushes Creek) Laurel, NY. SC.TM#1000-33-1-11 cle=II Section 280-124 and the Build- 2)more than the maximum code allow- SCTM1,1000-145-4-3 9:30 A.M.-LISA QILLOOLY 96922 ing Inspector's January 27,2016 Notice of able lot coverage of 20%,located at:185 1:30 P.M. - RONALD and PATRI- -(Adj,from 2/4/16PH)Request foi Val i- Disapproval based on an application for Willow Point Road (adj. to dug canal) CIA MCGRATH #6935 - Request for building permit to construct a deck addi- Southold,NY.SCTM#1000-56-5-25 Variances from Article XXIII Section ances from Article ion 28 Section 280- g P 11:30 A.M.-KEITH and LYNETTE 280-124 and the BuildingInspector's 124,Article III Section 280-15C��F and lion to existing single family dwelling,at; KANE #6942 - Request for Variances P Article XXII Section 280-105A and the 1) less than the code required rear yard q January 20,2016 Notice of Disapproval Building Inspector's October 19, 2015setback of 35 feet,located at:1745 East from Article XXIII Section 280-124 and based on an application for building pei- Notice of Disapproval, last amended Gillette Drive (Cedar Lane not open) Article III Section 280-15 and the Build- mit to construct covered porch addition Maich 4,2016 based on an application East Marion,NY.SCTM#1000-38-4-?5 ing Inspector's February 17,2016 Notice and legalize"as built"deck addition to for building permit to construct an ac_ 10:45 A.M. - JOSEPH and CATH. of Disapproval based on an application existing single family dwelling,at;1)less cessory gat age and"as built"fence,at;1) ERINE MANNO 969380-Request for for building permit to construct screened than the code required front yard setback Accessory garage proposed at less than Variances from Article III Section 280- Porch addition to existing single family of 35 feet,2) more than the code maxi. the code required front yard setback of 15B&F and the Building Inspector's dwelling,at;1)less than the code required mum allowable lot coverage of 20%,lo- 40 feet from both streets,2)Lot coverage February 12,2016 Notice of Disapproval side yard setback of 15 feet,2)following cated at:1330 Sigsbee Road Laurel,NY. sit mole than the code maximum allowedbased on an application for building Proposed construction existing accessory SCTM#1000-144-1-5.2 of 20%,3)"as built"and proposed fences permit for accessory garage and acces- garage will be located in other than the 1:45 P.M. - ALFRED J."TERP.JR. at more than the code maximum height sory in-ground swimming pool, at; 1) code.required rear yard,located at:335 #6941 • Request for Variance from Ai- allowed in a front yard of 4 feet on both Proposed•accessories in location other Village Lane Orient,NY. SCI'M#1000- ticle X Section 280-46 and the Building streets,located at:450 Harbor Road(cor- than the code required rear yard or front 25-2-4.13 Inspector's January 11, 2016 Notice of King )( ) and on waterfrontproperty,2)accessory 11:45 A.M. - RALPH and JOAN Disapproval based on an application for nei Kin Street # .to Orient Harbor Y ma VIVINETTO#6939-Request for Vari- Orient,NY.SCTM#1000-27-4-7 garage at more than the maximum code 4 building permit to construct a 5,573 sq.ft. 9:45 A.M. • BREEZY SHORES allowable height of 22 feet,located at:325 ances from Article XXIII Section 280- retail building,at;1)less than the code re- COMMUNITY. INC (JASON Fells Road (adj. to Richmond Crgek)• 124 and the Building Inspector's Febru- quired front yard setback of 15 feet,locat- SCHMIDT)-96934-Request for Vati- L•Vary 22,2016 Notice of Disapproval based ed at:28195 Main Road(aka State Route ances from Article XXIII Code Section Peconic,NY SCTM#1000-7$=6-3.2 on an application for building permit to 25) (corner Grif ing Street) Cutchogue, 11:00 A.M. - ROBERT NORTON construct additions and alterations to NY SCTM#1000-102-5-4,3,9.6 280-123 and the Building Inspector's #(943-Request for Variance from Arti- existingsingle family dwelling,at;l less February 3,2016 Notice of Disapproval cle XXIII Section 280-124 and'the Build- Y g ) Dated:March 9, OA based on an application fol building than the code required minimum side ZONING BOARD OF APPEALS permit o construct additions and aitera- ing Inspector's January 24,2016 Notice yard setback of 15 feet,2)less than the LESLIE KANES WEISMAN, tions to an existing seasonal cottage at; of Disapproval based on an application code required combined side yard of CHAIRPERSON 1) a nonconforming building contain- for building permit for `as built' deck 35 feet, located at: 2595 Wells Avenue BY:VickiToth ing a nonconforming use shall not be addition to existing siiigte family dwell- (adj. to Jockey Creek) Southold, NY. 54375 Main Road(Office Location) enlarged, reconstructed, structurally beal- mg, }t; 1) less than the code required SCTM#1000-70-4-17 53095 Main Road(Mailing/USPS) enlai of moved,unless such building is rear and setback of 35 feet,located at: P.O.Box 1179 teied 2120 Gillette Drive East Marion, NY. Southold,NY 11971-0959 changed to a conforming use,located at: SCTM#1000-38-2-22 12703-1T 3/31 #8 Breezy Shores Community,Inc.,65490 Main Road (aka State Route 25) aka Sage'Blvd.(adj.to Shelter Island Sound) Greenport,NY.SCTM#1000-53-5-12.6 E uF H EARI N � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME TERP , ALFRED JR. #6947 MAP # 102 .-5-3 ; 4 & 9 . 6 VARIANCE SETBACK REQUEST CONSTRUCT RETAIL BUILDING DATE : THURS , APRIL 7 , 2016 7 : 45 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 , PM . ZONING BOARD -TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net March 7, 2016 Re : Town Code Chapter 55 -Public Notices for Thursday, April 7, 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 21St: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 28th: Please either mail or deliver to our office your Affidavit of Mailing. (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 5, 2016. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G @ Town Annex/First Floor,Capital One Bank George Horning ® i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider i'01ful,ta Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 MEMO - TO: Planning Board D U FROM: Leslie K. Weisman, ZBA Chairperson FEB 2A 2016 DATE: 'February 24, 2016 southoldTown Planning Board SUBJECT: Request for Comments ZBA #6941 —Terp, Al Jr. The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA HEARING VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED TERP, AL Jr. 102-5-3; #6941 4/7/16 280-46 4/24/16 131- 102.-S-4 L102.-5-4 COMPANIES & 102.-5- 9.6 HB Zone Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. BOARD MEMBERS �QF so Southold Town Hall Leslie Kanes Weisman,Chairperson � Ql0 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'Yi'Q(fy, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 February 24, 2016 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6941 Owner/Applicant: Terp, Al Jr. Action Requested: Construct retail building —front yard setback Within 500 feet of: (X) State or County Road O Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: L �� Encls. LINE MATCH /SEE SEC NO 096 JJ�j� ,9 k' � 97/ � � ql LINE N314282 d ^ / (TOWNOF SOUTHOLD . DEVELOPMENTRIGHTS)/ o ryry 60 �� 12B6 23627 3j r4a oP 16 IA(C) _ r/ a, \ 52A(c) ;a (TOWN OF SOUTHOLD 6 233 \ 2 5 �°° DEVELOPMENT RIGHTS) \ w , 176A, I\V, 'y, q' " �O�s• ��T CUTCHOGUE \ CEMETERY �\ ASSOCIATION °^O S / GSL/� Vr✓/f11(V / e ^°° `c�d`'cP CD o a tea, - 1—OR-1 ho o 9 2 v �9q 25 6A r4 794 --Sy•. \ /• R Aze 8 0 A$ 97sS4 / 91 1 8A > Qp N 7P q/c/ .� '•>`ly°d �O7 126 ,^ & 17 �• 4 CA(C)1 6 OA(c) N, > v y� CUTCHOGUE SCHOOL DISTRICT Y x Jyk ryO�Tti m, w -t._.j 232 64A O'r 92 23A(c) .� 'W @ _ (COUNTY OF SUFFOLK DEVELOPMENTRIGHTS) 94 7 C 26A .8 b 11A(C) 334 / 54Ac / ` ,4 r ST ra Q 202 () '> '�3 322A c e� 0$ p •a, f 4, 1335 7A(C) 13 1 STATE OF ° ° �ay17 2 9A NEW YORK " ." NGCUTCHOGUE FIRE DISTRICT I p $v R� ya 16 1 4r O O .0 n 10 2A(c) z s ROMAN CATHOLIC CHURCH OF THE SACRED HEART 101 �5 24 $ I w 75 GyGq� U) OS O9 o`1' 2 3A oTC HK`sB $ ' A '•+o '4r a `.°�,• A 5 `�' W6 CV V CV d ° 15A(c) �� 2 q " � RZ LO `�9p RL.yC,9 N310482 �OyFq�,�OLrC 'rl NOTICE �� COUNTY OF SUFFOLK © K 096 TOWN OF SECTION NO MAINTENANCE ALTERATION SALE OR Real Property E SOUTHOLD ST DIRIBUTION OF ANY PORTION OF TME Tax Service Agency Y SUIFOLK C...-rax-S PROHIBITS. County Center Riverh¢aG,N Y 11901 ,oz VILLAGE OF �O w W� >;�,I.E IN M L PIsr O 1000 _ I _ 10*t,_,-1 _ --_.,.. - .y-`:1 _ MATCH .LINE __ �sEESEC NO 097_I I- i )i