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HomeMy WebLinkAboutApplication Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday, August 01, 2019 12:22 PM To: Dinizio,James; Doherty,Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott; Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: RQA Properties C of Z? Attachments: Laserfiche Documents.zip Importance: High Good Afternoon, Michael Kimack appeared at the Town Clerk's Office this morning to inquire the status of the Change of Zone application of RQA Properties LLC which was the subject of a public hearing on April 9, 2019. Attached are the minutes of that public hearing. This entire file may be viewed on Laserfiche:Town Clerk; Change of Zone; Pending; RQA Properties LLC. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631 765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 1 RECEIVED Michael A. Kimack ATTORNEY AT LAW MAR 2 7 2019 P.O. Box 1047 Southold,N.Y.11971 Southold Town Clerk Cell No. 516-658-6807 E-mail: mkimack2@verizon.net March 22,2019 Re: RQA Properties LLC Notice of hearing for Town Board on April 9,2019 ATTORNEY AFFIRMATION The intent of this affidavit is to affirm that, on March 9, 2019, I personally placed two (2) signs on each public street which abuts the property, in conformance with Chapter 55-1 B (1). On March 12,2019, I sent a certified mail to every property which is abuts or is across from the property. The certified mailing was in conformance with Chapter 55-1 B (2) Michael A. Kimack, Esq. f f� F7 f � l A WO . :. --�'.�--�- fir► I Air Vx 20 l..-9,- ;03. r' -- Richt5 .Quality Auto Body + , ItXo X GF0IR1IFa,I,LC L` �� � ( ILS\'Gf.(►I /It\l -%PPLICATIO\ SCTNI#1000-1112.00-003-001.000 This pruposed Change of Zone application proposes to change the property from"R40(Residential)to r B(General Business), - ru9L14,UCAS Inc T1,PSD%1. %P R 11,It 2019 a 7:OW.14. l it interested persons alshing to ba heard an this matter%hookt appear at the Snuthold Tonn Hall,53095 3tyutgond.Southold.Vl - r t _ j�; Michael Kimack picked up signs on 3/8/19 RQA PROPERTIES , LLC CHANGE OF ZONE APPLICATION SCTM # 1000 - 102 . 00-003 -001 . 000 This proposed Change of done application proposes to change the property from' 11R-40 (Residential) to B (General Business) PUBLIC HEARING TUESDAY, APRIL 9.) 2019 (i� 7 : 00peme Any interested persons wishing to be heard on this matter should appear at the Southold Town Hall, 53095 Main Road, Southold, NY Norklun, Stacey From:Neville, Elizabeth Sent:Monday, March 25, 2019 11:39 AM To:Norklun, Stacey Subject:FW: Emailing: RE:RQA Prop. C of Z Attachments:RE_20190325113130.pdf Please LF. Thanks -----Original Message----- From: Neville, Elizabeth Sent: Monday, March 25, 2019 11:37 AM To: Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle; William Ruland Cc: Donald J. Wilcenski; Eisenstein, Mary; James H. Rich, III; Lanza, Heather; Martin H. Sidor; Michaelis, Jessica; Pierce Rafferty; Terry, Mark Subject: Emailing: RE:RQA Prop. C of Z Good Morning, Attached, please find information received from Michael Kimack on behalf of RQA Prop. C of Z. Your message is ready to be sent with the following file or link attachments: Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064 RE_20190325112108 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 RECE71VED Y I® 4 ► C MAR 2 5 2019 RQA Properties, LLC Southold Town Clerk 29950 Main Road, Cutchogue, N.Y. 11935 SCTM 1000-102-3-1 APPLICATION IS ICOR CHANGEOF ZONE FROM R-I[( TCS GENERAL BU INEaS{Eta Pre-1957 to 1989: Pre-1957: The property was occupied by a public garage (service/gas station -Esso with an accessory apartment. 1957:Town of Southold enacts Zoning Code. Property was designated as being located in a B-1 zone 1966:Appeal No. 856. Board finds that permission to retain an on premises wall sign would not permanently or substantially injure permitted use of neighboring property. 1974:Appeal No. 1964. Board approves permission to conduct used car business and erect a second sign on property. The Board finds The Board found that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the ordinance will be observed. 1974:Appeal No. 1983: Board granted permission to use pre-existing business property surrounded by residential area. The Board found that the use has; been pre-existing;for many years at this location situated less than 300 feet from residential area. The Board felt than to prohibit this limited use would,to some extent, deprive the owner of use of this B-1 zoned property. The Board further found that strict application to the ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the ordinance. 1978:Appeal No. 2384: Board granted permission to erect side wall sign. The Board found that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the ordinance will be observed. 1985: RQA Properties, LLC commenced leasing of garage to conduct auto sales, repair and body work 1989:Town Board held a public hearing on December 1, 1988 to pasts a "A Local law to amend the Southold Town Zoning Code and the Zoning map incorporated herein,to implement in whole or in part,the recommendations of the Master Plan Update prepared by the Planning Board. Within that master Plan Update, was a recommendation to change the zone designation on the property from B-1 to R-40. The Local Law was amended and took effect in January 10, 1989. There is no record available of any discussion by the Planning Board relating to the justification or reasoning to change the zone designation. Reference is made to a letter from the Planning Board to Elizabeth A. Neville, Town Clerk, who requested review and comment to the present proposed zone change back to general business, particularly reason no.5, which is addressed in a subsequent section. 1990:Appeal No. 3907. Board denied a variance to construct a new 1426 sq.ft. one story masonry building for retail stores and commercial office.The Board found that the present use of the site has been " nonconforming" in this R-40 zone and that the uses proposed are not permitted uses in this zone district(R-40)and will not be in harmony with the general purpose and intent of the zoning ordinance. Note; Under the R-40 district now imposed on the property, a variance request for construction of a commercial building, was found not "appropriate" under R-40. Although there is never a guarantee of success when applying for a variance, there is no cloubt that, if the property was still designated a General B zone,the Board's review and determination would have been in keeping with the pre existing and intended uses for the property. 2004: On Oct. 25, 2004 RQA Properties, LLC acquired title to property. At that time, insurance Co. required conversion from a tenant policy to owner's policy which required installation of environmentally correct spray booth, covering two to three bays a1:a cost of approximately $100,000.00. 2005:ZB File No. 5759. The Board found the property does not qualify for a use variance under section 100-241 and 100-243. The Board determined that, since two existing principal businesses exist on the property, used car sales are no longer permitted. They found that, in an R-40 zone, only one use is authorized. In the granting of alternative relief,the Board that 3), used car sales as a principal nonconforming use is not permitted in this R-40 residential Zone. 4) In an R-40 residential Zone District, only one use may be authorized on 40,000 square feet of land area. 5) Prior to change or transfer of a nonconforming business use of the building(s) or property, the owner must apply to the Zoning Board of Appeals for transfer of this alternative relief for occupancy of the future nonconforming activities. Note:The Boards conditions represent the difficulty imposed on the property to now be reviewed under R-40 criteria, rather than General B business.The existing uses and any planned or intended future uses have been severely constrained by beirig in a zone district totally incompatible to a use that has existed for some 62 years, 32 of those years were as a B-1 zone. The property and its present uses have not been in conformance with the Town's zoning laws since 1989. Purpose of Request for Zoning Change; Rezoning the property back-to a General Business District will bring all the onsite business activities into conformance under the appropriate business district. This District is the only one that permits, by special exception, a public garage, service station, new and used vehicle sales under 280-48 B (12). Benefits to Community: Proposed rezoning will permit owner to conduct business and plan improvements to continue a successful business. Future improvements, alterations and additions can not be planned or pursued under the present R-40 zoning label. Neighborhood will benefit from a successful business that maintains and improves the aesthetics of the property. The Board's rezoning of the property from R-40 back to General business (B), would not be to an improper or illegal ".spot zoning". As a reference, Zoning and'the Comprehensive Plan (the Plan), A division of the New York department of State, reprinted 2015, offers some insight. Under the Spot Zoning section,the Plan refers to rezoning of a parcel of land to a use category different from the surrounding area, usually to benefit a single owner or a single development interest. Size of the parcel is relevant, but not determinative. Illegal spot zoning occurs whenever "the change is other than part of a well-considered and comprehensive plan calculated to serve the general welfare of the community, Collard v. Village of Flower Hill, 52 N.Y. 2d 594, 600(1981), citing Rodgers v. Village of Tarrytown, 302 N.Y. 115, 124(1951). A zoning change in this matter is not a spot zoning issue because: 1. When the zone change occurred in 1989,the benefit inured to the property owner, was, in fact,taken away at that time. This would not be a rezone, but a re rezone to restore the benefit once enjoyed by the property owner. The "benefit" discussed is for a vacant parcel of land yet to be developed. This property was fully developed as a commercial activity at the time of the zone change in 1989. 2. There appears to be no access to the Planning Board's recorded deliberations when working on the master Plan, in particular to the property requesting;;the zone change. However, it without dispute that the Zoning Board of Appeals found that the " public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and will observe the spirit of the ordinance". See Appeal 1964 and 2384.Appeal 1983 added the additional language that the "variance will not change the character of the neighborhood". It would appear that reference has to be made to the Planning Board's November 16, 2018 letter to the Town Cleric following: Planning Board Letter to Town Clerk: Re:Zone change request of RQA Properties LLC Each reason of the Board is responded to as follows: 1 and 2.The current zone change is not compatible with the nonconforming use and is only being permitted due to its pre existing and continuing;operation as a commercial facility. ZB file 3907 and 5759 show that any future changes, modifications, or additions will not receive a review and determination actually related to the ongoing business activities, but by a completely incompatible section of the zoning code (R-40). In effect,the owner will be severely restricted in changing his business plan to meet economic changes. The R-40 district designation has and will limit his, or his successors, full potential use of the property . The R-40 district designation has and will cause an economic hardship on his or any successor,to modify, change, add to, or expand the existing or any planned commercial activities. 3. It is self evident that the present commercial uses have existed for 62 years on the property. The statement strongly implies that the Planning Board views the present use as out of character with the neighborhood and continuance would be detrimental to the surrounding R- 40 district. That statement ignores that the commercial use has existed for some 62 years and should not now be viewed as being potentially changed to other more intense uses allowed under the business district. It strongly suggests the Planning (Board now views the property as being a negative influence to the neighborhood, merely by themselves changing the zone district in 1989. 4. The property is located not only on the corner of a residential street, but on County Road 25, a busy east-west corridor. It should be noted that a Hamlet(Business zone is located just westerly on the north side of Route 25 and a General business b just east of the property on south side of route 25. 5. The planning Board's statement does not bring up that a rezone would be either an illegal or improper zone change. The board refers to the zoning change in 1989 as "to eventually cause a shift in uses over time towards conforming ones". If it is•the policy of the Board in 1989 to have made the changes so that isolated properties would eventually evolve into a surrounding conforming use, that has not and will not occur now or in the future. The use of the property as commercial pre dated zoning, complied with the zoning code for 32 years and, with the 1989 zone change, finds that both the zone it has been placed in and the position of the Planning Board, makes it very difficult, if not impossible to effect changes, additions, or alterations to the property. In effect, the zone change has already caused an economic hardship in the denial and/or modifications through prior variance requests. The restoration of the property to a general Business Zone B will permit the property to continue to operate under the conforming B zone and be permitted to evolve the commercial business now on site as changing economic conditions dictate. Neville, Elizabeth From: Silleck, Mary Sent: Thursday,January 24, 2019 11:00 AM To: Neville, Elizabeth Cc: Duffy, Bill; Rudder, Lynda; Doroski, Bonnie Subject: RQA Properties, LLC Betty, Bill would like you to set a public hearing for RQA Properties, LLC and Bill Ruland wants to have the hearing set for an evening meeting Thank you Wary siack Secretary to the Town Attorney Town of Southold Southold Town Hall Annex 54375 Route 25 (Main Road) P.O. Box 1179 Southold,New York 11971 Office: (631)765-1939 Fax: (631) 765-6639 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday, January 02, 2019 1:37 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;James Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland Cc: Lanza, Heather;Terry, Mark Subject: Emailing: C of Z RQA Properties re_20190102085428 Attachments: C of Z RQA Properties re_20190102085428.pdf Please see the attached letter received by me today. Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: C of Z RQA Properties re_20190102085428 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 4 IL Michael A. Kimack ATTORNEY AT LAW RECEIVED P.O. Box 1047 Southold,N.Y.11971 JAN 2 241$ Cell No. 516-658-6807 E-mail: mkimack2@verizon.net ��,� � ®�� .�.®�� �B�r� December 28,2018 Re: RQA Properties, LLC Tax Map No. 1000-100-102-3.1 29950 Main Road, Cutchogue Application for Request for Change of Zone To: Elizabeth Neville, Town Clerk Dear Ms. Neville: In August of 2018, I filed an application for a change of zone from R-40 to general business for the above referenced property. The application was in conformance with Chapter 280 of the Town's Zoning code, sections 157, 158 and 159. The application was forwarded to the Town Planning Board for their review and comment. In a memorandum from the Board to you, dated November 16, 2018, for various stated reasons, they recommended the Town board elect"not to consider"the request for said zone change. I respectfully request my client be given the opportunity to present his factual statements and evidence to refute the Planning Board's recommendation. I request the Board schedule a public hearing in accordance with Chapter 55,Notice of Public Hearings, which I believe is my client's right. If the Board chooses not to set a hearing on the above referenced matter, I would then expect to receive a letter stating that they choose not to hold a hearing as their final decision on the matter. so I may then proceed to court under Article 78. Thank you for your consideration in this matter. Sincerely, Michael A. Kimack, Agent for the Applicant �®�ffOL,�co ELIZABETH A.NEVILLE,MMC O �j Town Hall,53095 Main Road Ty� P.O.Box 1179 OWN CLERK Southold,New York 11971 REGISTRAR OF VITAL STATISTICS CIOFax(631)765-6145 MARRIAGE OFFICER ,y ® Off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��� �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William M. Duffy, Town Attorney Heather Lanza, Planning Director From: Elizabeth A. Neville, Town Clerk Re: Change of Zone Application of RQA Properties, LLC Date= August 23, 2018 Enclosed is the change of zone application submitted by the applicant's s agent, Michael A. 1 Kimack on August 23, 2018. Please review it and send me your comments and recommendations. Thank you. cc: Supervisor & Town Board Members (copies will be available in Laserfiche) • NAME OF APPLICATION: ROA Properties, LLC DATE: ❑ Check means item is complete ❑ Circle means item not complete CHECKLIST FOR REZONING PETITION TC TA PB ❑ ❑ ❑ Four(4) complete copies of petition with Town Clerk with original signatures. Each set MUST be ordered as follows: ❑ ❑ ❑ Fee of$1,000.00 ($500.00 for AHD) ❑ ❑ ❑ Written notice to all property owners within 200' of property; mailed within 5 days Preceding filing of petition ❑ ❑ ❑ File proof of mailing of notices to adjacent property owners in a sworn statement with Clerk's office and submit all original certified mail postal receipts NOTICE MUST CONTAIN: • Statement Of Proposal (as presented in zoning petition) • Description Of Property • Present Zone And Proposed Zone • Petition Will Be Filed Within 5 Days • Petition Can Be Reviewed In Clerk's Office • Public Hearing Must Be Held • Adjacent Owners Right To Be Heard @ Hearing • 10 Days Before Hearing Notice Published ❑ ❑ - ❑ Meet all requirements for submitting zoning action pursuant to section 239 L &M of General Municipal Law attached hereto ❑ ❑ ❑ If applicable, file waiver of notice from property owner w/the clerk's office ❑ ❑ ❑ Six (6) maps drawn at the I"= 100' scale in accordance with attached information sheet. ❑ ❑ ❑ Six (6) sketch plan maps at the I"= 100' scale or the I"=20' scale in accordance with attached information sheet. The procedural requirements appear to have been met by this application: Town Clerk Date )g 1 nature Town Attorney Date Signature Planning Board Date Signature Town of Southold P.O Box 1179 Southold, NY' 11971 * * * RECEIPT Date: 08/23/18 Receipt#:' 247735 Quantity Transactions Reference 'Subtotal 1 Petition 102.-3-1 $1,000.00 s Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#2104 $1,000.00 RQA, Properties Llc j Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 ` Name: RQA, Properties Llc 29950 Rt 25 Po Box 320 Cutchoque, NY 11935 Clerk ID: SABRINA Internal ID:102.-3-1 Y 2104 RICH'S QUALITY AUTO REPAIRS, INC. PO BOX 320 " ��°`m°tra. ®� CUTCHOGUE,NY 11935 � f 50-546/214 DATE t� ` r PAY TO THE ORDER OF Is / may' DOLLARS x' Peg#e:SU fled FOR I :_ i fI l 1 III ' 1� i �pF SOpJTti ELIZABETH A. NEVILLE A�isN oft �Ile) Town Hall, 53095 Main Road TOWN CLERK ' P.O. Box 1179 SKI REGISTRAR OF VITAL STATISTICS it Southold,New York 11971 MARRIAGE OFFICER G , M Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER y� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �lif'G+oU^ '� southoldtown.northfork.net za OFFICE OF THF; TOWN CLERK TOWN OF SOUTHOLD REQ UE, 1T FOR AMENDMENT AIVD/OR CHANGE OF ZONE APPLICATION NAME: AQA �aPOOE�tTI�S'CL C (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000 - /QZ ®D -—0-03— - —oaI. ®OQ District Block Parcel A. SUBMISSION INF012MATION: Application is hereby made to the Southold Town Board for amendment to Chapter 280 {Zoning) of the Town Code and/or a change in the zoning classification of the Zoning Map in accordance with the Section 280 - 6 of the Zoning Law of the Town of Southold and Section 265, Town Law. Further, the following are submitted herewith (Qheck those appropriate, write N/A where not applicable) _JZ1. Four (4 ) sets of the completed application form and petition. Each set shall contain one (1) complete set of cover letter forms, affidavits, project description, surveys, plans, and EAF and any supplemental information as maybe be needed or requested. .JZ2. Fee in the amount of$1,000.00 ($500.00 for AHD). Applicant is also responsible for any fees incurred in the Environmental Review Process. __Z3. Survey map, accurately drawn to appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the Suffolk County Tax Map designations, the street rights-of-way in the immediate vicinity and lands, land uses and names of owners immediately adjacent to and extending within five hundred (500) feet of all boundaries of the property to be amended. 4. Metes and bounds description of the proposed amendment. 10/1/2008 1 5. Appropriate Environm ental Assessment Form (EAF). All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. See Chapter 130 of Town Code and Part 617 NYCRR (SEQR), or check with the Town Attorney and/or the Planning Department. 6. Other information deemed necessary for review by the Town Board, the Town Planning Board and/or the Suffolk County Planning Commission (i.e. site plans, subdivision maps). Please note items submitted: B. GENERAL INFORMATION: 1. Name Of Applicant(s): RV A jq5 j Address: Cure�/OGU,6 Al-y. ����i Telephone No. . S/6 8,�j 2�'3Z If the applicant does not own the'property, is a contract vendee, or if the owner is a Corporation or a Partnership, prepare endorsement at the end of this form establishing owner's authorization of the applicant's request. 2. If the applicant is contract vendee, give name. If the applicant is a corporation (or partnership), give the name and title of the responsible officer: Name: &/C1,/�p� ,Q �&, TR,_Title:��,F Address:(if different) �q,11951 CU_jClAl 06 _ Telephone No.: ,::N "2 215 2 3. Landowner(s): �,¢ pppp� 4� Title: Address: Pa. &W, 20_ C(UT�1 0_ GUL� Al Y 1199-6- Telephone No.: y`/6851_ –�5�Z7 4, Name of licensed architect, landscape architect, civil engineer and/or surveyor who prepared the plan: Name: T® iC//�? TzG,E,� Title: Name of Firm: Address: P- 0. AFOK Telephone No.: 691- 76,57-- 3-2 o S. Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: 4/9,EL l�//�9/,JC� � Title: 46EA77 Name of Firm:- SFlA5 Address: AQ, BGY 164��— �VVAY,/, /t/Y lf_.77/ Telephone No.: 5/6 -59- – :6Rr7 10/1/2008 2 6. All communications with regard to this application shall be addressed to the following person until further notice; Name: "/0 441- .deJAI Ce _ Title:_ Address: P. p. go;e /047 .f'D U��}Q .�y 41917/ Telephone No.;_ �R6 Z,g—x- 807 C. SITE/PROJECT DATA: 1. Location of Property — side corner of (north/south/east/west) (street) �"-AMM ® O _ feet_ SOU or road) (nortout east/west) (nearest intersecting street) (hamlet) 2. Existing zoning district(s) Qd Special Overlay District(s), if applicable______ 3. Requested zoning district(s) �j p4- (Ooz /-n- 7 /,60 4. Lot area: ., .421 sq. ft or acres 5. a. The latest deed(s) describing this parce](s) is (are) recorded in the County Clerk's Office as follows: DATE LIBER PAGE 04 Z 10 9,x_— X44 b. A copy of the(se) should be attached to the application. 6. There are no encumbrances or liens against this land other than mortgages? _ YES NO 7. All buildings and structures are shown on the survey?— _YES NO (The Town Board reserves the right to request a complete survey showing all existing structures.) 8. Existing: Building Area ?/22. Z� sq. ft. Lot coverage / 9 fa- 9. 9. Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor and how or why the project is (or is not) in compliance with the Town Code and the Master Plan. Explain what benefits will accrue to the community by the proposed rezoning. Document reasons 10/1/2008 3 why proposed project can not be built under current zoning regulations and pursuant to the current zoning map. D. AGENCY COORDINATION AND SEQRA (See Part 617, NYC RR and Chapter 130 of Town Code) 1. Does the site Front on a Town, County of State Road? (circle one) Name and number of the road (i.e. County Road 48, State Road 25) 2. Is the site within any other areas of review of the Suffolk County Planning Commission? YES i/ NO. If yes, the referral requirements of the Suffolk County Planning Commission should be examined to assure a complete application. 3. Is the site in a designated critical environmental area as per the New York State Environmental Quality Review Act (SEQRA) and Chapter 130 of the Town Code? YES I/ NO. If yes, what area? 4. Type I, Type II o Unlisted Action circle one) An environmental ss ss rpm must be completed for Unlisted and Type I actions. 5. Has an Environmental Assessment Form;or Draft Environmental Impact Statement been prepared? k/ YES NO. If yes, copies should be submitted with the application. E. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. APPLICANT'S IG AT E Sworn before me this day of.,�9(,J�7� , 20�. NOTARY PUBLIC MICHAEL A.KIMACK Notary Public,State of New York No.02K15056823 Qualified in Nassau County Commission Expires March 11,2022 10/1/2008 4 F. OWNER'S ENDORSEMENT (To be signed if applicant is not the owner or if the owner is a corporation or partnership) State of New York County of Suffolk ,PWAIA" 4 4 90Z5-NXWAC OR M,0,H,8eZ being duly sworn, deposes and says that he/she resides at X7,527 in the County of S,-1AaZ k- and the State of AIEW YoRk and that he/she is (the owner or the officer of the corporation or partnership which is the owner in fee (circle)) of the premises described in the foregoing application and that he/she has authorized M I CAVA&L .- /!//' A Ce to make the foregoing application for amendment and/or change of zone as described here in. ,?15Q I"X 4 ZV-"!YW NAME SIGNA .I0.4 �iPrSP�?T/ S !lC If a corporation, name of corporation and Officer's tit] Sworn before me this 1-6f� 0. $D2SWY.4k1 HZ-&&f,P Day oft U&VV-, 20,1X_ NOTARY PUBLIC; MICHAEL A.KIMACK Notary Public,State of New York No.02K15056823 Qualified in Nassau County Commission Expires March 11,2022 10/1/2008 5 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk CMM4" $"AAAx _being by me duly sworn, deposes and says: 1. I am an applicant for a project or an owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is; ,PZQ.4 _ ®p,LeeTI,�S- L/ C _ 3. I reside at `•�7�/�_��P/OG /yam CQM O 7-04--A1y 119,.3. 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE 5. 1 make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application, have any of the following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No 1. Owner _ 2. Applicant _ 3. Agent for owner or applicant X _ 4. Attorney 5. Other 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name Title (Owner, Agent, Attorney, other) Amount **********�* k*******� �*********:k�* k****kik•k***>k**�***�**�*��*********�* k** k**�* For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b, Is an officer, director, partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES t,-' NO 1. Any official New York State _YES l/ NO " � 2. Any official or employee of Southold Town or Suffolk County? YES ,fi NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST 10/1/2008 7 SIGNAT Sworn before me this Day of A(�C�. , 20jff NOT*RPUBLIC MICHAEL A. KIMACK Notary Public,State of New York No.02K15056823 OuaMed in Nassau County Commission Expires March 11,2002 10/1/2008 8 G. DISCLOSURE AFFIDAVIT State of New York County of Suffolk /1LCL1 & A k-l-&4C14 WG,6W,- being by me duly sworn, deposes and says: 1. I am an atM for a project or an owner of the land which is the subject of a pending application before the Southold Town Board for amendment and/or change of zone. 2. The project name is: cc Aea-P V�x LL C 3. I reside at ' �? O_ BOx' ICV5'-Ue2MCCZ� IV.y 11,071 4. The Officers of the applicant corporation or owner corporation are as follows: NAME TITLE 5. 1 make and complete this affidavit under the penalty of perjury and swear to the truth herein. 6. I am aware that this affidavit is required by General Municipal Law 809 and that I shall be guilty of a misdemeanor as provided by General Municipal Law 809 should I knowingly or intentionally fail to make all disclosures herein. 7. During the 12 months before the filing of this application, have any of the following individuals made campaign contributions exceeding $100 in total, in cash or in kind, to members of the Town Board or political committees designated to accept donations behalf: Yes No I. Owner _ 2. Applicant 3. Agent for owner or applicant 4. Attorney 5. Other 10/1/2008 6 If the answer to Question 7 is yes, Town Code Chapter 26 require that the information be provided below: Name 'Title (Owner, Aizent, Attorney, other) Amount For the purpose of this disclosure, an official or employee or either the Town of Southold or the County of Suffolk, shall be deemed to have an interest in the applicant and or owner when that official or employee, their spouse, brothers, sisters, parents, children, grand children or the spouse of any of them: a. Is the applicant or owner b. Is an officer, director, partner, or employee of the applicant or owner c. Legally or beneficially owns or controls stock of a corporate applicant or owner, or is a member of a partnership or association applicant or owner, or d. Is a party to an agreement with the applicant or owner, express or implied, whereby said official or employee may receive any payment or other benefit— whether or not for services rendered, dependent or contingent upon the favorable approval of such application. Ownership of less than five percent of the stock of a corporation whose stock is listed on the New York Stock or American Stock Exchanges shall not constitute an interest for the purposes of this disclosure YOU MUST ANSWER THE FOLLOWING QUESTION YES OR NO Do any of the following individuals have an interest in the applicant or owner, as defined above? YES X NO 1. Any official New York State YES `� NO 2. Any official or employee of Southold Town or Suffolk County? YES _X_NO If the answer above is yes, to any of the questions, General Municipal Law Section 809 requires that you disclose the name and residence and the nature and extent of the Interest of said individual (s) in the applicant or owner. NAME RESIDENCE NATURE OF INTEREST 10/1/2008 7 SIGNA RE Sworn before me this —a�2 Day of , 2016 N(:GARY PUBLIC TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2G2s), 10/l/2008 8 _ —Al- .-- -,«_-,- - - _ ,----,- in:._,.t,_,.,--,.,�_,.,.,,..r,,., •a--r'----r.Y i r.;.,m--,-.E-m-,.--_-,..-,.-,---•-•^- ---"rr--7'.'-+-'�-- _ -.-C';_ri _, �t____ •.__ - TOWN­ OF SOUTHOLD. .PR.OPERTY;.-RECORD:.; CARD OWNER STREET C�C�7l VILLAGE'' ` ,DIST. —5b93:— LOQ FORMER OWNER N E ACR. . $ ` f W TYPE OF BUILDING. " D{iiP.�' ?� 1�✓, r�a X ,R- Ir! ;JCA Ws''a 'RES.'. � SEAS. VL. FARM �,M � CB. MISC. Mkt. Value LAND IMP. 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