Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-63.-1-17, 18
v 7,777-7. 'r77 , 'n 1 : 7n 'A Q 4 41 Ain- 0 vq W 1-5 - `-7 4�7 7 4 41 YOU xy ??AZT Is to, f A X ov MA, ASQ51. AW �j At A5 oil AA to" Val 0, 1 MAIM N A 4, W&V WIS W w�=.17 ton A "ATM ,long q. J Lvv,v?,� K1,571 WIT, A son"u"n, P115j"16n; Ono, 3 WAY MISR A owl ex", Ac �Jo too not AV F Y7 22 7 . j" !� ,q�Jpj Iml VQ MOW", Lr AW11,14 A PlQ j, ZV_ 1.4 A 77� sit, ficollooll an, All -7A X, LA44, OW owl: ilk! j 0-K Awn. n� 'alp l7' 4F jQ0.0y'n 4.1'", -% - - _,WAL OIL .1 - 46 v 1 loam, 7 ; ,F Qg, 41 yq F NE + T2 71 vok OVA,11 T: b AMC t4 __ f , _0 .1 1 ;,_?l ;Q A NOW r V, oil yly�gv "Vol, "I 'vy 7 14 �14 1,!* Too -son K; v&, MAN,., r-Z,-2, aA MONS QAX,,-� i I ink,�16 hiss�11 4t1,, 4el Ire pow sinwo _7 7 j Poo -------- /�WA 6,� �a t q JQA�, 77, �Qqkvv Sk",OWN,; ZAN - V-N R J: t %AW "nu SHOW post wry;Sig as,00 1- FI :o, y ,0 .0 Civil hh�- WGISK SAW qmi,�jnx X o!" G(v (,sL '00NOW00 17 "'MW�""WQOPQ W�AWWQ KWAKA Qj I, oil) NOW T TASH 1111 11, "us "n�OY16--Q a��l A 1 504 vivo A& wnwv"i y �J W,"l,I v YIN RA137U APT C), """"WRORK111 v, POOR*. Q.0 Twist: hu Q- ,zoo vn" , ji-HOLD v Alp n A 21�� qVIA OP DU TD, ;4� ...... Yv V1 DA 0 1�� 'i 7.1 v .4 4 K REC Q� 7 70 POW lose S" Nook;00, 0 YON C OVA A� F141 7:1E_ ot",,CIL-7- f,� `r1i 1",an O�ow jo� >vq I - J- j "w Q day, Among, MW flow! TOW"" W 1 0 � - ;� , , �i , , � ,4, v yo! A 711 n"-"��47;,� will i Al Town Hall. 53095 Main Road P.O. Box 1179 � ' Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1989 Vincent Claps Alfred Ciletti P.O. Box 312 Southold, NY 11971 RE: BCC Restaurant Corp. SCTM #1000-63-1-17,18 Dear Drs. Ciletti & Claps: The following actions were taken by the Southold Town Planning Board on Monday, April 3 , 1989 . RESOLVED that the Southold Town Planning Board RESCIND the resolution of February 6, 1989, to approve the "As Is" site plan dated December 30, 1988, with the following condition: 1. Phase I curbing and drainage is to be brought to proper standards upon any future development of the site. RESOLVED that the Southold Town Planning Board approve the "As Is" site plan dated December 30, 1988. If you have any questions, please do not hesitate to contact this office. V truly yours, ENNETT ORLOWSKI,JR. CHAIRMAN ` cc: Kevin McLaughlin Jay Schondebare, Town Attorney Building Department jt Assessor' s Office Town Hall. 53095 Main Road P.O. Box 1179 :;'�j��' '' .r Southold. New York 11971 TELEPHONE (516)76S-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 6, 1989 Vincent Claps ' Alfred Ciletti P.O. Box 312 Southold, NY 11971 RE: Ciletti & Claps SCTM #1000-63-1-17,18 Dear Mr. Ciletti & Claps: . The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board approve the"As Is" site plan with the following condition: 1. Phase I curbing and drainage is to be brought to proper standards upon any future development of the site. If you' have any questions, please do not hesitate to contact this office. Ver ly yours, BENNETT ORLOWSKI,JR. CHAIRMAN cc: Assessor' s Building Department enc. it EXHIBIT "C-2" P Na f ?A D LD Southold, N.Y. 11971 (516) 765-1938 July 17, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, NY 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: The following action was taken by the Southold Town Planning Board, Monday, July 14, 1986. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the site plan of Drs. Ciletti and Claps .. for construction of offices located at County Rt. 48, Southold, site plan made for BCC Restaurant Corp and dated ' as last amended June 18, 1986. Upon receipt of the Chairman' s endorsement we will forward a site plan to you. Please contact this office if you have any questions. Very truly yoursfd &4V� �, / . BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Melissa Spiro „a h TOWN CLERK j TOWN OF SOUTHOLD `� Fash [] County, New York 516 - i65-T_301 E ? 167101, Southold, N. Y. 11971. G 19 OF 41 � Judith T. Terry, Town ClerkCheck T`J JL ccs (Z-, J • �o u ,1011;6 1 1-v cuj B "o�3 V � A I. SITE PLAN ELEMENTS §100-134 Town Code ( Lot, block, and section number, if any, or the property taken from tax records ( ✓) Name and address of the owner of record ( V) Name and address of the person preparing the map Date, North arrow and written and graphic scale ( 1/) Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a f9ot'. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. ( The locations, name, and existing width of adjacent streets and curblines ( V ) The location and owners of all adjoining lands, as shown on the latest tax records ( Location, width and purpose of all existing and proposed easements, setbacks reservations, and areas dedicated to public use withinor adjoining property. ( ) A complete outline of existing deed restrictions or covenants applying fo theproperty ( Existing zoning ( Existing contours at intervals of five or less, referred to a datum satisfactory to the Board ( ) Approximate boundaries of any areas subject to flooding or stormwater overfl; ( ) Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. ( ) Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. ( Paved areas, sidewalks, and wehicular access between the site and public , streets ( Locations, dimensions, grades and flow direction of existing sewers, culvert and waterlines as well as other underground and above ground utilities within and adjacent to the property. ( *"7) -Other existing development, including fences, landscaping and screening ( V) The location of proposed buildings or structural improvement ( The location and design of all uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs ( ) The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER. . . i V Site plan elements cont. - (§100 34) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. ::! ( The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. ( ) An outline of any proposed deed retrictions and/or covenants. ( ) Any contemplted public improvements on or adjoining the property. ( ) If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. ( ) Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. 'JUG! 3 0 1986 Fairweather • Brown Architects•Designers Box Z Shelter Island Heights,New York 11965 (516)749-1069 (516)477-9752 June 30, 1986 Planning Board Town of Southold Town Hall Main goad, Southold, N .Y. 11971 Bennett Orlowski, Jr. , Chairman Members of the Board: Delivered herewith, please find three (3) copiesof the site plan for the-.' bcve referenced Project, revised 6/18/86 as per comments by the Suffolk County Department of Public Works. Please advise us as to date and time of your review of these revisions. Thank you for your attention. Sincerely, Fairweather-Brown/Architects cc: Drs. Ciletti & Claps P >N,I N. '0 TR D �. C ""3 w' =+.mod ✓'� +� I`= T SQU:= LD y Y Jyr• Southold, N.Y. 11971 (516) 765-1938 May 20 , 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. BOX Z Shelter Island Heights, NY 11963 Re: BCC Restaurant Corp. survey Site Plan for Drs. Ciletti and Claps Dear Mr. Brown: The following action was taken by the Southold Town Planning Board, Monday, May 19 , 1986 . RESOLVED that the Southold Town Planning Borad approve the site plan for Drs. Ciletti and Claps for •the construction of offices located at Southold, survey dated as amended May 5, 1986 for BCC -Restaurant Corp. , subject to : 1. Curb cut approval from the County of Suffolk When you have received a county permit, would you please forward a copy to our office.. Upon receipt, the Chairman will endorse the surveys. Please contact this office if you have any questions. V y truly yours, • � �rCo w A-r�. BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD" By Diane M. Schultze, Secretary cc: Building Department MAY 8 _ 86 TEL. 76571802 oc��FFUC�CD TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR o T P.O. BOX 728 v' TOWN HALL ®� SOUTHOLD, N.Y. 11971 May 7 ,. 1986 Planning Board Town of Southold Main Road Southold, N.Y. Subject: Ciletti and Claps site plan dated R-2 5/5/86 Gentlemen: The subject premises is zoned B-1 General Business and the proposed use is a permitted use under Art. VII.: Sec. 100-70 A. (d) . This will certify this site plan in meeting zoning regulations. The site plan dated R-1 4/25/86 that you transmitted for certification on April 16 , 1986 did not show screening of parking spaces on north- erly side of lot. We contacted applicant to make correction as shown on site plan dated R-2 5/6/86 . Yours truly, Edward Hindermann EH:hdv Building Inspector Fairweather • Brown Architects•Designers ` Box Z , Shelter Island Heights,New York 11965 (516)477- (516)477-9752752 1 April 28, 1986 Planning Board Town of Southold Town Hall Main Road, Southold, N.Y. 11971 Bennett Orlowski, Jr. , Chairman Re: Site Plan for Drs. Ciletti and Claps Members of the Board: Delivered herewith, please find three (3) copies of the site plan for the above referenced pro,jedt, revised 4/25/86 as per recommendations of the Southold Town Planning Board at the meeting of Monday, April 149 1986, for referral to the Building Department for certification. Please advise us as to what future action shall be required. Thank you for your attention. Sincerely, Fairweather-Brown/Architects cc: Drs. Ciletti and Claps P(IJ;ANNING`BO'ARyD TO 0 , SOU: ; IQLD SUF L s Lk TTY Southold, N.Y. 11971 (516) 765-1938 April 16, 1986 Mr. Robert Brown Fairweather-Brown/Architects P.O. BOX Z Shelter Island Heights, NY 11965 Re: Site Plan for Ciletti and Claps Dear Mr. Brown: The following action was taken by the Southold Town Planning Board, Monday, April 14, 1986. RESOLVED that the Southold Town Planning Board refer the site plan for Dr. Clitti and Dr. Claps for construction of offices at County Route 48, Southold to the Building Department for certification. Survey for BCC Restaurant Corp. , dated ` April 4, 1986 . Would you please forward three (3) surveys indicating asphalt paving in the parking area for our referral to the Building Department. - If you have any questions, please don' t hesitate to contact our office. Very truly yours , BENNETT ORLOWSKI JR CHAI� . , RMAN VIv? SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Departm Fairweather - Brown APR u- 1986 Architects•Designers Box Z Shelter Island Heights,New York 11965 (516)749-1069 (516)477-9752 April 7, 1986 Southold Town Planning Board Bennett Orlowski Jr. , Chairman Town Hall Southold, N.Y. 11971 Members of the Board: On behalf of our clients, Drs. Ciletti and Claps, 44365 County Road 48, P.O. Box 312, Southold, N.Y. , 11971, we are submitting, attached, six(6) copies . of the Preliminary Site Plan for their property on County Road 48, Southold, tax map # 1000-63-1-17 & 18, for Preliminary Site Plan Approval. Please advise us as to hearing dates to discuss this application, and any other information you might need. Thank you for your attention to this matter. Sincerely, "P6 0 1v 16►L- Aobert Brown, A.A. Fairweather-Brown/Architects COUNl"`iP OF SUF i-w.. .,.. l� d ��� II DEC 1 31985 L;J BLDG. DEPT. TOWN OF S_OUT_HOLD PETER F.COHALAN �� SUFFOLK COUNTY EXECUTIVE A.BARTON CASS,P.E. ROBERT E.WEBBER,P.E. . COMMISSIONER CHIEF DEPUTY COMMISSIONER DEPARTMENT OF PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS Date December 11, 1985 RE: n/s/o Middle Road, C.R. 48, 367' e/o Horton's Lane Drs. Vincent M. Claps & Alfred M. Ciletti Dear Sirs: A permit under Section 136, Article VI of the Highway Law will be required for access to County Road 48 FOUR REVISED PLANS are required for the processing of .this permit. Please submit the four plot plans, showing the location of your driveway and road curb, if any, to the above address as soon as possible: No work is to be done on the County right-of-way until this permit has been secured. Please indicate the name of the permittee and bond applicant. Very truly yours, C. ROGER MEEKER CHIEF ENGINEER By: �A '/ cLG ✓ > M Paul Campagnola Junior Civil Engineer CRM/MPC/jfc Enc. DEPARTMENT OF PUBLIC WORKS YAPHANK AVENUE YAPHANK,N.Y.1 1980 (51 6)924-4300 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR Rr Ec ,/ C'�i TOWN CLERK'S OFFICE OCT 15 24 SOUTHOLD, N.Y. A�1 8r ` n 1177 � 0 Date ........................................................IS!,E f:.k' 01INTYK3 Mr. Commissioner of Public Works Suffolk County Yaphank Ave., Yaphank, N. Y. Dear Sir: In accordance with Section 239K of the General Municipal Low of the consolidated Laws of the State of New York, this is to notify the Commis- sioner of Public Works of the County of Suffolk that ...... ... ' V IK!GC.tI .. .............. ........ ..... ......CJA P S + l LF to E, M. : ........ ..... .... , . . ..... ..:.....,G.l t t .. ....I i ........................................................................................................................ has applied to the Town of Southold for a permit to construct a building - 1000 as shown on the attached plot plan, submitted in triplicate, dated .... ... U7 cC P-esT- C04p , - DEct.JT.JL- ............................................and titled ..................?As:...G''�Ps....:r..... We shall withhold further action on this application for ten days or as otherwise provided in the aforementioned Section 239K. 12/11/85-APPROVED-to the Town of Southold Very truly yours, pursuant to Section 239K of the General Municipal Law subject to the stated conditions: As per revisions & comments in red. A Permit is required pursuant to Section Building Inspector 136 of the Highway Law. Town of Southold, N. Y. SUFFOLK CTY. DEPT. OF PUBLIC WORKS A. BARTON CASS, COMMISSIONER By: . Rd R MEEKER CHIEF ENGINEER s Its• Z�.PS - 7 V-6Z-- IL tv rj I � 6 V1 N w J y �v C N \ � N � �O N I I i5U Lt) AJA- 1 T"A2��x�G_I s Sl��c s —�c Trs7 — �eve 1 •,T - - - -.- J Y -- -- _u 'p3fcr 2 5� �2•0.u.�. _ ���`L7�'c���_-._��a�v-i,sG.s_��4����J ulsn.Y I��3�S¢ _ 7ZJJ O F-1�4►Z�i�J o,Il. �oF� PfldScr � - bJOU�-ram U ez� -R�G.+�C-�r�Cr I_r�- - -oF Users Fc)2, T" 69- --- -- gF® � P ' A ( ' D T ;S�OU I - LD s Y Southold, N.Y. 11971 (516) 765-1938 January 3, 1986 Drs. Ciletti and Claps 44365 County Road 48 P.O. Box 312 Southold, NY 11971 Re: Site Plan for Offices at North Road Dear Drs. Ciletti and Claps: Enclosed for your review, is a copy of the permit for a curb cut from the County. If you have any questions, please don' t hesitate to contact our office. Very truly yours, 1 NETT ORLOWSKI, JR. , CH'A RMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. G` Town Hall, 53095 Main Road CT 01985 P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 10, 1985 To: Southold, Town Planning Board Southold Town Zoning Board of Appeals Southold Town Building Department From: Judith T. Terry, Town Clerk Re: Request for Waiver, Local Law No. 14 - 1985 Please submit all pertinent data in your files pertaining to the waiver request of Drs. Citelli and Claps. . (As in the request re: Catz and Cornell, I am addressing this request to the three above departments to ensure that you are all covered, regardless of which Board or Department the applicant refers to. If you do not have a file on the applicant, a brief response is all that is necessary. Thank you.) `Co VINCENT M. CLAPS, D.D.S. ALFRED M. CILETTI, JR., D.D.S. G WINDS WAY PROFESSIONAL CENTER � ® 44365 COUNTY ROAD 48 P.O.BOX 312 OCT 1 q� SOUTHOLD, N.Y. 11971 C� (��� TELEPHONE 765-1262 ow��� d October 10, 1985 Southold Town Board ' - Main Rd. . Southold , N.Y. 11971 To A,11 Members Southold Town Board, The purpose of this letter is to petition the Board for a waiver on the moratorium concerning the proposed construction of a dental office on Route 48 in Southold (Tax Map Number lom—''63-1-17 and 1000-63-1-18) . As we were informed on our previous meeting with the Southold Town Planning Board , our construction conforms to the new master plan as outlined . We plan to construct a dental office for our own .immediate occupancy, in conjuction with 1,000 square feet of professional rental space . We ask the Board to look upon this petition favorably and to act. with all possible speed on our endeavor. Sincerely, Alfred M. Ciletti , J . , D.D.S . Vinc nt M. Claps, D.D.S. 1 LO^D x Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE'TOWN CLERK TOWN OF SOUTHOLD October 25, 1985 To: Southold Town Planning Board Southold;Town Board of Appeals Southold Town Building Department From: Judith T. Terry, Town Clerk Re: Waivers granted by Town Board on October 22,, 1985 Attached hereto are the following waivers of the provisions of Local Law No. 14 - 1985 which were granted by the Southold Town Board at their October 22., 1985 regular meeting: Ruth Enterprises Walter and Marilyn Gatz. Joseph Lizewski 12 127 Main Street Corp. LKIfred M. Citelli, Jr. , DDS 8 Vincent M. Claps, DDS Robert A. Celic Also attached is the resolution denying a waiver to "280 North Road", and a letter to Dynasty Packing Inc. relative to the Board's inaction on their waiver request. Attachments Town Hall, 53095 Main Road P.O. Box 728 " Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK -- (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLEF TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS,. Joseph..Clifford Cornell, on behalf of Ruth Enterprises, has requested that this Board waive the provisions of. Local Law No. 14 - 1985 with respect to his application presently pending before the Planning Board and the Building Inspector, and WHEREAS, Joseph Clifford Cornell appeared before.this *Board and explained the:: nature of the uses for which he proposes to use the premises in question, and WHEREAS, this :Board finds that the applicant proposes to construct a new build- ing to house three business offices, and WHEREAS, this "Board deems such use' consistent with the uses in a Limited Business District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s .Master Plan Update Zoning Code revisions, NOW,. THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law. No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Planning Board for a site plan and the Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. / Judith T. Terry� Southold Town Clerk ' I= Town Hall, 53095 Main Road P.O. Box 728 Ol �•a� Southold; New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF.SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of Walter and Marilyn Gatz,has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold Town Planning Board and Southold Town Building Inspector, and c WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to construct a restaurant and business offices, and WHEREAS, this Board deems such use consistent with the uses in a_ Limited Business District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s -Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby. is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting only that which is allowed in the Limited Business District on said premises as set forth in his application presently pending before the Southold Town Planning Board for site plan approval and Southold Town Building Inspector for a building permit, subject, however, to.the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk FDCA-eoG . v' ^� Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of. Joseph Lizewski, has requested that this Board waive the provisions of Local Law. No. 14 - '.1985 with respect to his application presently pending before the Building Inspector, and WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and ==; WHEREAS, this Board funds that the applicant proposes to construction a racquet- ball facility, and WHEREAS, this Board deems such use consistent with the uses in the R-40 District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE., BE IT .RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law. No. 14 - 1985 to the extent of permitting such uses- on said premises as set forth in his application presently pending before the,Southold Town Building Inspector for a building permit, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk ' i n Town Hall; 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL.STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD. ON OCTOBER 22, 1985: WHEREAS, Garrett A. Strang, on behalf of 125-127 Main Street Corp. , has requested that this Board waive the provisions of. Local. Law No. 14 - 1985 with respect to his application presently pending before the Building Inspector, and - WHEREAS, Garrett A. Strang appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to constructing a w6rehouse building with an office, and WHEREAS, this Board deems such use consistent with the uses in a Light Industrial District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicasnt be and he hereby is granted a waiver of the provisions of. Local. Law No. 14 - .1985 to the extent, of .permitting such uses on said premises as set forth in' his 'application presently pending before the Southold Town Building Inspector for a building permit,. subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisidiction .thereof. Judith T. Terry Southold Town Clerk F01,��0 Ln Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 .JUDITH T.TERRY TELEPHONE _ TOWN CLERK (516)765-18.01 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985: WHEREAS, Alfred M. Citelli, Jr. , D.D.S. , and Vincent M. Claps, D.D.S. have requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending before the Southold Town Planning Board, fors.site plan approval, and WHEREAS, this Board finds that the applicant proposes to construct professional office buildings, and WHEREAS, this Board deems such use conssitent with the uses in a Light Business District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s .Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicants. be and they hereby are granted a waiver of the provisions of Local. Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in their application .presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk T Town Hall, 53095 Main Road x1 P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD. ON. OCTOBER 22, 1985: WHEREAS, Robert A. Celic has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to his application pending before the Southold Town Planning Board and Southold-Town Building Inspector, and WHEREAS, this 'Board finds that the applicant proposes to. construction an extension to his real estate office building, and WHEREAS, this Board,deems such use: consistent with the uses in a B-1. District as. proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s .Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted a waiver of the provisions of Local Law NO. 14 - 1985 to the extent of permitting such uses on said premises as set forth in his application presently pending before the Southold Town Planning Board for site plan approval and the Southold Town Building Inspector for a building permit, .subject, however, to the applicant obtaining any and all ,permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town Clerk Ln Town Hall, 53095 Main Road 0 r P.O. Box 728 - o''�Ol Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-18_01 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED. BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985:' WHEREAS, John. C. Tsunis, Esq- on behalf of "280 North Road", has requested that this Board waive the provisions of Local Law NO. 14 - 1985 with respect to his applica- tion presently pending before the Southold Town Planning Board, and WHEREAS, this Board finds that the applicant proposes to construct a retail shopping center, and WHEREAS, this .Board deems such us inconsistent with the uses in the R-O District as proposed by Raymond, Parish, Pine E Weiner, Inc.'s Master Plan Update Zoning .Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is denied a waiver of the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold Town Planning Board for site plan approval. Judith T. Terr Y Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK _ (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 25, 1985 Capt. John M. Dulemba, Pres. C,.E.O. Dynasty Packing Inc. Box 699 Mattituck, New 'York 11952 e Dear Mr. Dulemba: The Southold Town Board at their regular meeting held on October 22, 1985 failed to take action on your application for a waiver of the provisions of Local Law No. 14 - 1985 in light of the fact you made no application to any Town agency prior to the enactment of Local Law No. 14 - 1985. Very truly yours, Judith T. Terry Southold Town Clerk P�fA7h 'NINGA`BO=ARD TOV N_O+ , ,S0 THOLD Vs SUTFOLK r CGU y V Southold, N.Y. 11971 (516) 765-1938 November 20, 1985 Drs. Claps and Ciletti North Road, P.O. Box 302 Southold, NY 11971 Re: Site Plan for Offices at Southold Dear Drs. Claps and Ciletti: The Planning Board reviewed the above mentioned proposal at the Monday, November 18 , 1985 meeting. It was the consensus of the Board to request that the following information, pursuant to Section 100-134, be added to the survey: Number of offices and square footage of each t Type of plantings on the buffer zone which is required on the North property line/ Exterior lighting Drainage Would you please have the surveys amended and submit six (6) to the Planning Board office. If you have any questions, please don' t hesitate to contact our office. Very truly yours, kci BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN' PLANNING BOARD By Diane M. Schu.ltze, Secretary I cog P N-1 G D T O SoU LD cn Southold, N.Y. 11971 (516) 765-1938 September 19, 1985 Drs. Claps and Ciletti North Road, P.O. Box 302 Southold, NY 11971 Re: Site plan for offices at Southold Dear Drs. Claps and Ciletti: Please let this confirm the request of the Planning Board, Monday, September 16, 1985. The Board requests that amended surveys be submitted indicating the all the proposed buildings, asphalt parking area, and sufficient number of parking spaces. The Board requests the exact footprint of each building, with square footage of office space. Please note, this can be sectionalized to indicate the future proposed buildings. Upon receipt of the complete surveys, we will schedule this matter for a field inspection. If you have any questions, please. don' t hesitate to contact our office. Very truly yours, Qr Lowy- -� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary -� lop "• ;•;''s - TOWN OF SOUTHOLD *U� %i , ENVIRONMENTAL ASSESSMENT — PART I - PROJECT INFOP14ATICN `IOT:CE: -,?is docwrrent is designed :o assist in detamini. g 'anether :^e action proposed -nay have a s gnificant _ffact 7n the envircnment. Please comoleta the entire 7ata Sheet. nn5rers _0 ." ';uestions alil be Considered LS oar-, of :he a001iCatiOn for aOproVdl and -say be suaj y: to further Vertfication and public review. Provide any adaitiortai information you believe will be needed to ccmolet2 PARTS 2 and 3. Z: is _xcected tnat comoletion of the W will be dependent on information curriantly available and will not involve new studies, raszarcz or investigation. I; infor:-ation r=_duiring such aadi=ional •xork rs_unava'.;able, -so indicate and specify eacz instance. :;Ar'E IF ?ROJECT: '1A"E ANO ACCR=_SS OF OWNER Oire- •ent) (Name) AC9Ro55 =tJO :IAP'E OF spn+ rr:71T: Strapc, LG 1 T 4? p.J., (Scaca)• 3UVENESS ?FONE: Crate*' M p) ✓1 qF�Rr.prrr,!1 OF ooOJcC' (3rier"1y describe type or project Jr action) (?L;.ySE COMPLEI EACH C,UE�IiO'1 - :ndiC3te 3-A. if not 30711c301?) _ A. �_ _�.� , -!�y�:' .'!:.�?`,. ,. -t-:�":` 'l•l':'..r is�.t a �' ��'_ — W..; _ (s'hysics ':l set n^y of over-all project, both deveiocec' and undevelcaed areas) 1. Ganeral c.haract_r of the land: Generally uniforn. siaoe - Generaily uneven and roiling ar irregular 'and use: Urban , tndustr'al , .Commercial . Suburnan , Rurz] , Farsst ..;:.:: : +y, ,•. Agriculture _. 9ther A/0 iv C — A GO—ie<✓VZ:Z✓!'t_. . 3. Total acr?_Ce a.- project area:& acres: _.-_.. ._.... . - ' Approximate acreage: Presently Afasr Completion � � Presently Aar Ccmoletion ,Meadcw or 3rushland acres / —kf acres Water Sur-race Area acres acr_s • ' ror95t-md is-25 '^-2s Alnvonntated fncx. earn or fill', !c-ts acres .;ar-clit-.ral acres !cras ;cads, '001dirgs ,4etl_nd ;-r-snwatar or an:! _der aav:, rical 's :er ':r•; es sur�3c:s "s 1crts ' _a. 'S :r _....�. + acres •c-as :"er (:mica-_ -yne1 acres acres a. :%ha?., is oreccm-nant soil :ype(s) on •sro;yt s -.a. /V/) u1 `Lo-qNr �iL�a G1 9I[ 7. A. Are ::_.'? 7edr^.c'.c :uC:-J:JingS Jn Jroject i::8? °jS ><1-10 j, iihat iS d20t' :.I ja�S) •' .... - - - - Ar. 6. Approximate percentage of proposed project site with slopes: 0-10" Z; 10-15: :; 15% or .~ greater :. 7. Is project contiguous to, or contain a building or site listed an the National Register of- Historic Places? Yes No B. What is the death to the water table? feet . ��= �fG%9!�✓ 4. Do hunting or fishing opportunities presently exist in the project area? Yes No _ 10. Does.project site contain a y species of plant or animal life that is identified as threatened or endangered - Yes 46, according to - Identify each species 11. Are there any unique or qny3ual land forms on the project site? (i.e. cliffs, dunes, other. geological formations - YesRa. (Describe 12. Is the 1.project site presently used'by the community or neighborhood as an open space or recreation . area - Yes 140. 13. Does the present site offer or include scenic views or vistas known to be important to .the community? Yes A-flo 14. Streams within or contiguous to project area: •. a. Name of stream and name of river to which it is tributary IS. Lakes, Ponds, 'Wetland areas within or contiguous to project area: ..._..<._..,._,.., a. Name b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and the scale of development (e.g. 2 story). - B. '"PROJECT DESCRIPTION 1. Physical dimensions and scale of. project (fill in dimensions as appropriate) - a. Total contiguous acreage owned by project sponsor J acres. ; I b. Project acreage developed: '��cres in e -2 facres ultimately. • e. Project acreage to remain undeveloped a d. Length of project, in miles: k/ _(if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot age developed acreage f. Number of off-str--t parking spaces existing N�5•�E...; proposed g. Maximum vehicular trips generated per hour (upon completion of project) h. If residential: Number and type of housing units: One'Family Two Family Multiple Family Condominium Initial Ultimate I. If: Orientation Neighborhood-City-Regional Estimated Employment Commercial � Industrial j. Total height of tallest proposed structure �0 feet. yf" - •may'. _ _ •...r �i�_�.ry;.'• How much natural material (i.e. rack, earth, etc.) will be removed from the site - tons .. cubic yard- 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - S acres. 4. Will any mature forest (over 100 years old) or other locally-Important vegetation be removed by this project? Yes X No S. Are there any plans for re-vegetation to replace that reroved during construction? Yes No 6. If single phase project: Anticipated period of construction months, (including demolition). - .7. I.f multi-phased project: a. Total number of phases anticipated 3 No. - . _'_.. b. Anticipated date of commencement phase 1 6month wear (including • demolition) ~. e. Approximate completion date final phase ? month ,year. d. . Is phase 1 financially dependent on subsequent phases? - Yes Ho 8. Will blasting attar during constriction? Yes No 9. Number of jobs generated: during construction after project is complete 10. Number of jobs eliminated by this project \� • _ ' 11. Will project require relocation of any projects or facilities? Yes _C. No. If yes, explain: • 12. a. Is surface or subsurface liquid waste disposal involved? Yes No. b. If,yes, indicate.type of waste (sewage, industrial, etc.) e. If surface disposal name of stream into which effluent will be discharged 13. 'dill surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes No. 14. Is project or any portion of project located in the 100 year flood plain? Yes �No 15. a. Does project involve disposal of solid waste? Yes (\ No b. If yes, will an existing solid waste disposal facility be used? Yes o ; :i:` :;• C. If yes, give name: - location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? r Yes 16. Will project use herbicides or pesticides? Yes L__140 : 17. Will project routinely produce odors (more than one hour per day)? Yes ><-No � *. 18. Will project produce operating noise exceeding the local ambience noise levels? Yes No 19. Will project result in an increase in energy use? YesYo. If yes, indicate type(s) • 20. If water supply is from wells indicate pumping capacity gals/minute. 21. Total anticipated water usage per day _ 5als/day. - 22. Zoning: a. What_is dcminant 'zoning classificaticn of site? ►"'� b. Current specific zoning classification of site Ly e.• Ps proposed use consistent with present zoning? d. If no, indicate desired zoning • I � \Z I 26. Approvals: a. Is any Federal permit required? Yes A01 110 ' b. Does project involve State or Federal funding or financing? Yes N0 C. Local and Regional approvals: " Approval. Required Submittal Approval (Yes, ,'!o) (Type) (Date) (Date) City, Town, Village Board City, Town, ViIl.ace Planning Board City, Town, Zoning Board City, County Health Oeoartment Other local agencies Other regional agencies State Agencies Federal Agencies C. INFO MATIGNAL DETAILS _......... Attach any additional inforrration.as may be needed to clarify your project. If there are or may be any adverse impacts associated with the p posal, please discuss such impacts and the measures which can ba taken to mitigate or avoid them. PREPARER'S SIGNATURE: TITLE: .._._... / ' l.c'-i AlC 4 REPRESENTING: . G L'4 f'S �1 L- j y 1 e P✓J DATE: T 2 k) 'P J/_ • ti � I d R � Town Hall. 53095 Main Road w ra P.O. Box 1179 Southold. New York 1 1971 i TELEPHONE (516)7 65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 1989 Vincent Claps Alfred Ciletti P.O,Box 312 Southold, New York 11971 Dear Messrs. Claps and Ciletti, I Re: Site Plan for BCC Restaurant Corp. SCTM #¢1000-63-1-17,18 Dear Messrs. Claps and Ciletti, The PlanningBoard has received the Article 78 petition regarding the amended site plan for the above-referenced site. Upon review of the situation, the Board. has decided to rescind the condition that was placed on the amended site plan. The formal rescission will take place at the Board' s public meeting on April. 3rd. It is suggested that you or a representa- tive be present. Ver my Yours, -%"Bennett Orlowski, Jr. , Chairman cc: Kevin McLaughlin, Esq. - James A. Schondebare, Town Attorney Victor Lessard, Building Department vs L JAMES A.SCHONDEBARE Town Hall, 53095 Main Road TOWN ATTORNEY Ln P.O. BOX 1 179 y0 • �0� Southold, New York 11971 ROBERT H.BERNTSSON TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO - — FROM THE TOWN ATTORNEY'S OFFICE T ; 1989 MA,R I 0 -� TO: Planning Board y SQU1,11OL€7 TOV114 b FROM: James A. Schondebare, Town Attorney PLANNING BOARD DATE: March 9, 1989 RE: BCC Restaurant Corp., Article 78 You have received a copy of this recent Article 78, which I would request you review and advise me of your position on this matter. By receiving a copy of this memo, I am providing a copy of the papers to Victor Lessard of the Building Department for his comments. JAS:mis s ■ t, CCiPM 5- MAR outhold T� t,prk SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of - — BCC RESTAURANT CORP, for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, NOTICE OF PETITION - against - INDEX NO. BENNETT ORLOWSKI, JR. , Chairman, WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board Respondents, PLEASE TAKE NOTICE that on the petition of BCC RESTAURANT CORP., verified March 6, 1989, an application will be made at an IAS Part of this Court to be held in and for the County of Suffolk at the courthouse in Riverhead, New York, on April 10 1989, at 9:30 a.m., or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR. Article 78 to review, annul and set aside the action of .the respondents, constituting the Planning Board of the Town of Southold, taken on the 6th day of February, 1989, by which respondents approved petitioner's "as-built" site plan and for such other and further relief as -may be just, proper and equitable. PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if any, shall be served at least 5 days before the aforesaid date of hearing. Petitioner designates Suffolk County as the place of trial. The basis of cc: Town Board Town Attorney Planning Board venue is that respondent, Southold Town Planning Board is a town board of a municipality located within Suffolk County. Dated: Greenport, New York March 6, 1989 J. KEVIN MCLAUGHLIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ........__...........__..............................................._._............................_......__.........__....__._.__. R In the Matter of the Application of BCC RESTAURANT CORP. for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, . against PETITION - t' - BENNETT ORLOWSKI, JR. , Chairman, WILLIAM MULLEN, INDEX N0. RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board Respondents, --- — — X TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK: The petition of BCC RESTAURANT CORP. respectfully shows: FIRST: That your petitioner is the owner of the real property with the buildings thereon situated in the Town of Southold, County of Suffolk, State of New York and more fully described in Exhibit "A" annexed hereto and made a part hereof. SECOND: That the said respondents, Bennett Orlowski, Jr. , William Mullen, Richard Lathan, Richard Ward and Kenneth Edward at all times herein mentioned constituted and still constitute the Southold Town Planning Board of which said board the said respondent, Bennett Orlowski, Jr. is and was at all times chairman. THIRD: In or about the fall of 1985 the petitioner filed an application for site plan approval with the Southold Town Planning Board for the construction of a two phase office building complex on said premises. FOURTH: That on or about August 6, 1986, the petitioner obtained site plan approval from the Southold Town Planning Board for the construction of said project. Annexed hereto and made4a part hereof as Exhibit "B-1" and "B-2" respectively are a copy of said approved site plan and the letter of transmittal to petitioner's architects dated August 6, 1986. FIFTH: That pursuant to said approved site plan, the petitioner sought and obtained construction financing from an area lending institution for this project. SIXTH: That said lending institution would lend a maximum sum of $187,000.00 to the petitioner for phase one of- said project.. SEVENTH: That as part of said project, the principals of the corporate petitioner; namely Vincent M. Claps and Alfred M. Ciletti were building a new professional office for their dental practice. EIGHTH: In addition, the project encompassed other professional offices to be leased by the petitioner. NINTH: That the lending institution required that, if both buildings encompassed in phase one of the project could not be built for $187,000.00, that the petitioner construct the dental office building first. TENTH: That as appears on the approved site plan annexed hereto as Exhibit "B-1", the dental office was originally planned as the westerly of the two buildings comprising said phase one of the project. ELEVENTH: That the petitioner determined that both buildings comprising phase one of the approved project could not be built for $187,000.00. TWELFTH: That as a result of the foregoing, and in order to prevent multiple problems with the later construction of the rental building in phase one of the project, the petitioner determined to switch the location of the buildings comprising phase one of the project. In other words, the dental office building would become the more easterly building and the smaller, rental building would become the more westerly building in phase one. THIRTEENTH: In order to accomplish this purpose, the petitioner, through its agents, contacted the Southold Town Building Inspector to inform him of the proposed switch in the locations of the buildings in phase one. FOURTEENTH: The petitioner was assured by said Building Inspector that, since there was no change in the square footage of the respective buildings, the switch of the buildings 'locations would not cause any problem and that no further action by the Planning Board was required. FIFTEENTH: Petitioner filed an application for the necessary building permits for the construction of phase one of the projects with the building locations switched as set forth above. I _ / r SIXTEENTH: Thereafter, and on or about July 30, 1986, the aforesaid building permit was issued for the construction of the dental office bearing permit number 15581Z. Thereafter, on 'or about May 20, 1988 a building permit bearing number 17037Z was issued for the construction of the rental office contained in phase one of. the project. SEVENTEENTH: In good faith reliance on said building permits, the petitioner proceeded to construct the dental office building and later the rental office building and expended approximately $211,000.00 in said construction, in addition to the purchase price of the real property in the sum of $80,000.00 EIGHTEENTH: Thereafter, the petitioner applied for certificates of occupancy for the said buildings in phase one. NINETEENTH: That upon information and belief, the Southold Town Planning Board inspected the project and directed the Southold Town Building Inspector not to issue such certificates of occupancy unless and until the petitioner filed an ,'as- built" site plan showing the buildings in phase one as switched with said Planning Board and obtain approval for said "as-built" site plan. TWENTIETH: In order to obtain the required certificates of occupancy, - the petitioner caused its architects to prepare and .file an "as-built" site plan with the Planning Board. TWENTY-FIRST: In reviewing and approving said "as-built" site plan, the Southold Town Planning Board has conditioned said approval as follows: "Phase 1 curbing and drainage is to be brought to proper standards upon any further development of the site." See copies of approved "as-built" site plan and letter of transmittal thereof respectively annexed hereto as Exhibits 11C-1" and "C-2". TWENTY-SECOND: It is respectfully submitted that the petitioner has constructed phase one of the project in good faith reliance on the approved site plan and the validly issued building permits from the Southold Town Building Inspector. TWENTY-THIRD: The originally approved site plan provided for paving and curbing of the curb-cut off County Route 48 to county specifications. Said approved site plan did not provide for curbing around the perimeter of the on-site paving and parking areas. TWENTY-FOURTH: The drainage situation was considered in the petitioner's initial site plan review and was approved, as part of the originally approved site plan. TWENTY-FIFTH: In fact, petitioner did install CCA railroad tie type curbing around the perimeter of the on-site paving and parking areas in phase one of the project. TWENTY-SIXTH: The attempt by the Southold Town Planning Board to impose additional, more stringent drainage and curbing requirements as part of its approval of the "as-built" site plan is unlawful, arbitrary and capricious and without basis in law or in fact. TWENTY-SEVENTH: The -...-.____....._.__....-..__....._..__........ petitioner, through its agents has been advised by the Planning Board, that petitioner must provide either concrete or belgian block curbing around the entire perimeter of the paving and parking areas for the entire project. TWENTY-EIGHTH: Upon information and belief, the cost of such curbing, as opposed to the CCA railroad tie type curbing, would be an additional $50,000.00 to $60,000.00. TWEPITY-NINTH: Phase one of the subject project was built in compliance with, and in reliance on, the initially approved site plan and the building permits issued pursuant thereto. THIRTIETH: That the actions of the Southold Town Planning Board in conditioning its approval of the "as-built" site plan upon bringing phase one curbing and drainage to proper standards is arbitrary, capricious and illegal. THIRTY�FIRST: The Southold Town Planning Board lacked jurisdiction or Power to further condition site plan approval on the subject project subsequent to its approval of the initial site plan, the issuance of building permits pursuant thereto and the petitioner's construction of phase one of the project in good faith reliance thereon. Accordingly, the conditions imposed by the Southold Town Planning Board in its conditional approval of petitioner's "as-built" site plan should be set aside. THIRTY-SECOND: No previous application for the relief requested herein has been previously made. THIRTY-THIRD: Thirty (30) days have not elapsed since the filing of the subject determination with the Town Clerk. WHEREFORE, petitioner prays for a judgment that the conditions imposed by the Southold Town Planning Board on its approval of the petitioner's "as-built" site plan be set .aside and that said Planning Board be directed to deliver to the petitioner an approved "as-built" site plan not containing the aforesaid conditions. Dated: March 6, 1989 Greenport, NY 11944 J. KEVIN MCLAUGHLIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 Form 8002•6/84-lal —ltargalty and 8ulr Uvrd,With t:arCttanl aguiust Grantor's Acts—Individual or corporation. (Mingle sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. o`u� uaER 9733 PAS 59923'�6� 1 THIS INDENTURE,made the �_cl 7� day of January , nineteen hundred and eighty—five BETWEEN LONG ISLAND1,GAiULIFLOWER ASSOCIATION, a domestic corporation with its principal place of business at 139 Marcy Avenue, Riverhead, New York 11901 party of the first part, and BCC RESTAURANT CORP. , a New York corporation with its principal place of business at 817 Main Street, Greenport, New York 11944 j . party of the second part, WTTNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: r BEGINNING at a point on the easterly side of Horton's Lane where the same is intersected by the northwest corner of land now or formerly Batuyios and the southwest corner of the premises about to be described herein, said point being distant 77.96 feet northerly as measured along the easterly side of Hortons Lane from the northerly end of a curve connecting the northerly side of Middle Road (C.R. 48) with the easterly side of Hortons Lane; . running thence from said point or place of beginning along the easterly side of Hortons Lane, North 8° 57' 10" West 50.66 feet to land now or formerly Conway Bros. ; running thence along said land .North 71" 48'' 10" East 1024.06 feet to land now or formerly Dart; running thence along said land the following two (2) courses and distances: 1) South 10° 21' 50 East 50.47 feet; 2) South 9° 37' 50" East 42.56 feet to the northerly side of Middle Road (C.R. 48) ; running thence along the northerly side of Middle Road South 67° 06' 40" West 625.07 feet to •land now or formerly Batuyios first above mentioned; running thence along said land now or formerly Batuyios the following two (2) courses and distances: 1) North 22° 53' 20" West 93.54 feet; 2) South 71° 48' 10" West 388.36 feet to the point or place of BEGINNING. THE REAL PROPERTY Described herein does not constitute all or substantially all the assets of Long Island Cauliflower Association. BEING AND INTENDED TO BE premises described in deed to party of the first part in 7 deed dated August 1, 1939,° recorded August 4, 1939 in Liber 2055, cp 139 AND in dated July 29,- 1939, recorded August 4, 1939 in Liber '2055, cp 137 AND:in deed dated TAX MAP December 23, 1949; recorded December 27, 1949 in Liber 3030, cp 344 in the Suffolk GSiGNATION County Clerk's Office. ;st. 1000 TOGETHER with all right, title and interest, if any, of the party of the first Dart in and to any streets and roads abutting the above described premises to the center litres thereof; TOGETHER with the appurtenances 063.00 and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO . HOLD.the premises herein granted unto the party of the second part, the heirs or successors and assigns of . t• 01.00 the party of the second part forever. e78' AND the party of the first part covenants that the party of the first part has not done or suffered anything 002 whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in cotnpliance•with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will Hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ' IN PRESENCE OF' LONG ISLAND CAULIFLOWER ASSOCIATION EXHIBIT "A" L STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YARK, COUNTY OF ss: On the day of . 19 before me On the day of Personally came Y 19 before me personally came to me,known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. z37Gz J E T E FEB 1 31985 TRANSFFP TAX SUFF01_K COUNTY - STATE OF NEW-PORK, COUNTY OF Suffolk t` - ss: STATE OF NEW YORK.' COUNTY OF ss: On the otS�NdaLof Jan r 19 85 before me On the day of personally came v4je� c%� Y 19 , before me personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No jj/ay � whom I am personally acquainted, who, being by me duly g� -sue� / sworn, did depose and say that he resides at No. Iat he is the hlliz� of Long Island CaulifloweAss ociation., that he knows the corporation described , in and which executed the foregoing instrument; that he to be knows the seal-of said corporation.; that the seal affixed described in and who executed the foregoithe individual ng instrument; to said .instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- : , . execute the same; and that' he, said witness, tion, and that he signed his name thereto by like order, at the same time subscribed h name as witness thereto. Notary .Public t<1ARIE HANSEN DOYLE ;i�, ' j' •r:Y� I;'rCt l t�AI (TI, NOTARY PUBLIC,State of New York No. 4812331,Suffolk Count Ternt Expires March 30, 19�f o �3argaitt attb �aIe 3:tleeb WITH COVENANT AGAINST GRAN"IOR•S Acts SECTION 063.00 TITLE No. BLOCK 01.00 LOT 018.002 LONG ISLAND CAULIFLOWER ASSOCIATION COUNTY OR TOWN Suffolk/Southold TAX BILLING ADDRESS TO BCC RESTAURANT CORP. Recorded At Request of The Title Guarantee Company C. RETURN BY MAIL TO: /RV/nf G L PRIGS aye v„r.rbure �9rroR.v�Y AT s�tv TITLE GUARANTEE- FjF Alfell✓7LL ST NEW YORK ., ., • ; �R�.✓po�-,��' ATICOR TITLE INSURANCE COMPANY / zip No. W V LL LL , O W Z O ' a' O V W ' LL O Uj till •• 1p CL L e CIE 0 �.. � = k it �j :� �:�-_ !;� :•:,. ♦ ... 'I - S1TCT .1 �u Li 1 1 1 1.,1 !:- -- - w ci•w r•r— t ,�� .1' S T- �I� t, ' =1 •,!. !—rN•"'7�r t \ .+ •� ..:�v`..; �•.- 1 1•I ___ - ,t=r/•w e.r.rv. � ._ .�.—_- --_ —�--•_•---- _—_-- _ t ��Cj —�'K9.c7J� !!•__y` .;o\--' _'�••-:' '_• _ i ---- —_'—_ —.— -- - . ..-`-.----- --- a+.r F ems.•..:.-�—i..'W::,...._.L y�"� u'c�.�.... .. � r IFalrw'u•Iher�rB rov a_. ' � J••rOh MAY/r.ula.J..w.w'M1rt..rc.tC..wo"•. � . i Q . '.�:J�.•L+ r.'!UGYf.7.1.1':Yr-C:. Lrl dz f•A( • � I. � Cry\„,...mI17 P N D LD y Southold, N.Y. 11971 -(516) 765-1938 August 6, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, NY 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: Enclosed is a survey for the above mentioned approved which has been endorsed by the Chairman. Proposal If you have any ac questions, please don' t hesitate to cont our office. t Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRb SOUTHIOLD TOWN PLANNING BOARD N ry By Melissa Spiro ehc. EXHIBIT 11B-2" Jt+m-wr6:kL�ri;drE.�?�v«x :o ++tiiui I� ri•/r'1•,r-Laaa�- '� )• 1 - G4T Ir1W-rCi[r' ` _ Fro.✓�.{-` _ -� eri ` m n• scene:. I4•T n2Y• M r:-I=Srxx a.oL.e w.nL. i•'• ;,,;, - .'• �� -''•ram I La I O /.j a. YVv wL' i d ,cr-al.�.*rrY�w.rw . iG.w•L•,..,,-. All- _ _ '':�.: SK e•.l I� '�!'� .l.^^: 4.p❑ J 1�� -- - �'� �. R7•urcy;..,4�' /.+.0 I 1 s n 00� e S _ r _. _ .. . ..-•.. -:'. •..,-: � -.'. ... .. .:, :-� - was -r • , t „ v .r<:..�ca.<.DY. - .L-cry.•:roe L ._ ^'. 'I �,� Tarr• j I �'� neiao/ .v,x„ .a�:_x zsm _JCi Gc k •D ! i -GttJ,ir t[ - co.c.Fr.• L• - v •e S: i a� — _ :1 �ry �i ^ l - A •.�1 C Der - - •II - I �CtoD GrKr I _ .0'_ frL TV G MCL r< oLr� kJTAs rt _ TY1 I SC •.. Y .. • ,^mow«�-If�{ joy AT LLf.L-1,.0 1V-10.1'•'. ,• ! ',.y.' _•y•: S'NK fLlx-Lt C'•'::•`':;.; •5_-:..._ i.T.-"�i.. U 41N6 17 i•` ,qi� � =''o•c. o�1-e' EPTIG T.wK De'rw,r�� .- _ „� . SEWER.•DROFI• .. ' • :-, -�/� � - .. w..y a.Y,.,._: i _''.�,+��'_��-�,;_,_ •a..�s..e•.a. � .. Ln r.u" s::- •�L Dim ua.;d. - ,. T-•I a n• _ ��T�I ri f 'T TH' '•C : 1 _ .T�Y Ak - - �- .. 'r T•,�.�-i-,x rZ. I I •�t1 AI. •'I• w _ 1 • Yt f 1`1 - H i "•f� I Ir ti•.. 1 •1• �+.frr t Jr '1 • -rrT. r ;;1 _ H _ 3 •'r r�Y_ r•F `r L 1• 'l f �1 I •IY_- 1L 1�I 1Vf•'' W .I t 1 I - _;.. - .•-fib.• "�• •L ,-1... __ i' .. _ •� 1-7- a•-lam` �•+l •. - -.1 ir ':_(.' : _ wrr w:a•+T ri<..;r a•Y.-•.•KrC,_�r_ _ _I_n...e.� _ -�.--_:-t:.l�� L 7L - :' .. _ ..'----' i--'--- -- •....•w yria'[:n. �� .. I . _ .. .. .. .. _ :FDirlt•caih • _-�__I��.__--____� .�-�_---� !r•r ,w r rr�w i...r••'•:•�•r•..r { ` .:L � - '- .T.r J - _-.__ - R't:11 _ - - - [. Irr I r •, '.: 'K'��n^•Y-•n'Y -.y',C- __• -- �1 _�- 1 4.rrw.L.ryrr 11,.J�MYS•.f/Tgp'•q.� /4D/lY�•: yY.._.T• I _ - r:.:':.,rrr. „,,, Tom•--,.____r. e%�-f ._.- _ -r.:,-.Y: �� i„r: .,t,, ..:.� _ _ wc..:J ..:i�scar. •.,�:�r. .wa.r ViDCY IPiE::J _ aY+Ax6. P• �7.y _ :.': . . .�r+;_`r. 1 _ .1'-u.L'•p• ALawd'DGCa �L3[p`["goal ba�T,:L•,• TDB::!(bf SG:)i::J_D • �. _ •rc�iLLM*L+Ilr r[.�w[:.Lav Doi! - - ;.) -; _ alt S.rveL'r,.: •r es .!" E�- �•; �;.1,�.����,j,�. '[fir •M•Y11.r:0.1 Ilk -1:—T ..I�'O•.' ` —•w• Dtir ►I Ki ,.'•�• r -_ N�=• _ _ - ./ _. • t L''•.•!''t' ;UUCUAV Te-ULt GUL[[DU .•-j ; _ .�is'•- '' I.. .nL,TIDA t}]L.• r._ G.�Y —''_i YLa[TIJT NhL Ii)I tl[t)LA40 J['. ./rr,,. ,Y�-v..1Y CiJ./[)cC,e,•�-I„ ' I ' i1 aT CTY tIA t••T T![• PILL •[yeT<_I[.i.Ga 7•we+.. !�: I:'rwD• ! � Y+T YC AnI I4JU:t YA.T[f W Di.[a Y:•-yLITADY WLTIf T'•�'•1K�r���'��"•�^i•v• �rA./LL.Uv/�'.•�-T:Yj,/r• ;b� T - - AY R< v .•..�.�i„„��•� 1 +ii�!h✓.[[D tRLrl TFL IUIL'.I4C AI.D TY[aL 411E L[4D ....T •A+{ - ��u•/h"�.y •I-,'�-��` ' '_' _ e!Y6hrr-•RD.,L. _ + b.lA[DUUe!uT[41 ALf LTUbID AT ht■ITI 1-Isfv lcl . 04 �•- :�;A,�+: ` �..I f' l _ •' I: I ly{I 4• L�, - }' : DCDrtITf ia[t[nfT10Y:y[CIw TIT[D IUYt.u.t Ttl)YDS wYc [MTItt[t.•- 1,..u....� ���1..'�il n ��.I� I r� .' I �YJ�s I I A - tl.,r.,.rLe•+.:u . '; 'nLcnlrr a•s C:.-�r) �,ir.Lr 1• _ - r;; �� -�'�.�:1'- ��- I�-r J.h� ',. .J--��f:,• ��aL�.d.�..•, ,, �;�': _ .. . U.a -• .:r:. -�•.J I-bw.,,.� �T'- j II 017[' `l_�'-�__' I,h:�n..Lf.1�.•"�^�['fr-i...�; -tell.`.,..� ��'•. /� i `'• :'1 :rL'r\f I• '^ �•� —I L�t _ir..� �- .f ._. :T: •-r.:.•. L' _ I:I'•1 I _.�.I• - T v (�-.J ___--•1-��L _ _'J; L I I:... ��i.�. - P=.:.I•�.cv..�L ^I .... . .. _ r ,��.. .. _ I_�1 .::1. -� 1 =. _- .. •I � • •I• .-:T.�(.nr"'•r.rr_ ,1•t.• �1'•r,• '�• ... "A::Z'.l"•.�• , �-L ...•.. ' Town Hall. 53095 Main Road �4j: � � .:� '"%• P.O. Box 1179 Southold. New York 11971 ' TELEPHONE (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February ti,, 1989 Vincent Claps - Alfred Ciletti P.O. Box 312 Southold, NY 11971 RE: Ciletti & Claps SCTM #1000-63-1-17,18 Dear Mr. Ciletti & Claps: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board approve the"As Is', site plan with the following condition: 1. Phase I curbing and drainage is to be brought to proper standards upon any future development of the site. If you• have any questions, please do not hesitate to contact this office. Ver ly yours, BENNETT ORLOWSKI,JR. CHAIRMAN cc: Assessor' s Building Department enc. it EXHIBIT "C-2" � 6 J'1'AYL OF 1VB1V rUHK, UUU14'1'Y Ut I, the undersigned, an attorney admitted to practice in the courts of New York State, ❑ Certification certify that the within 0 By Attorney has been compared by me with the original and found to be a true and complete copy., Attorney's state that I am ❑ Affirmation the attorncy(s) of record for a in the within action; I have read the foregoing and know Cite contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statements are true, under the penalties of perjury. Dated: ------------------------•----•--------•--------------------------------------- The name signed must be printed beneath STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: I, VINCENT M. CLAPS being sworn, say: I am x Individual KWH MEN Xya4XX m ❑ Verification ' xxxxxxxxxxxxxxxxxxxxxxxxxxxzsdxktmmxtbmxzmtextsX:k=E*xtbKxmxeciE;=mcuninF hixin-tczlgs;KexcgpL-.s3mxx: tt��afuei�>Katx���ex�leg¢�z>ig�i'»x�a�oexx��>�fxamrlt:sscooxr�sx��l�iav�xix�achlx _x. c corporate the ?(Cs Idarac- of BCC RESTAURANT CORP. Verification a domestic New York corporation and a party in the within action; I have read the foregoing Notice of Petition and Petitiorland know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above party is a corporation and I am all officer thereof. Sworn to before me n Ch -.-c --�-----•---.-�"'_Mlf.��__•__...-.-.-_•______-__ VINCENT najgrLLEEiiYYbbsi ptol"Wli,printed beneath _ t otary Public 1, STAT OF NEW COUNTY! j4otcfy r(,i. �('tc: (•i i��'i'i �t { (If Loth boxes are checked—Indicate aftor moues,type of service used.) ,iC, I, Qui)Ii(iz, being sworn, -say; I am not a party to the action, am over 18 years of age and_resid at mg 9otnmisai:il �t On 19 I served-the within m ❑ By Mail by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S.Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: a ❑ Personal by delivering a true copy thereof personally to each person named below at the ad(lre_ss indicated.I knew eadi person Service on served to be the person mentioned and described in said papers as a party therein: = Individual ca Sworn to before me on 19 The name signed must be printed beneath SUPRELL, CUUKI UV 1CIL 0.-1-L j v.l L..�•• ••-••__ COUNTY OF SU---',K In the Matter of the Application of BCC RESTAURANT CORP. for a Judgement Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, against • THE TOWN OF SOUTHOLD PLANNING BOARD, and BENNETT ORLOWSKI, JR. , Chairman WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board, Respondents. J. 1,04,VIN McLAUG11LIN Attorneyfor Petitioner Office and Post Office Address, Telephone 828 FRONT ST111131:90.BOX 803 aREONPOKT.N.Y.11044 (516)477-1010 To Attorney(s)for Service of a copy of the within is hereby admitted. Dated, ...................................................••---.....-- Attorney(s)for Sir:—Please take notice ❑ NOTICE OF ENTRY that the within is a(certified)true copy of a duly entered in the office of the clerk of the within named court on 19 ❑ NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, Yours, etc. J. KI4,VIN Ntc1.ALJG11L1N Attorneyfor Petitioner To Office and Post office Address 828 WHONfl'S'l'it[-;KT,13OX 80:1 Attorney(s)for (I K KP.N 1'Oltfl',N.Y.11044 �y(...-Ii.L'LIS R, IW_LAW 9LANK f UIILIlNF.II.'..fIIG IO013 VICTOR LESSARD � Town Hall, 53095 Main Road PRINCIPAL BUILDING INSPECTOR P.O. Box 1 179 (516)765-1802 y® Southold, New York 11971 FAX(516)765-1823 OFFICE OF BUILDING INSPECTOR E [ U TOWN OF SOUTHOLD , FEB February 6, 1989 SOtiTNl1L W—"" r' PLANN1%BOAR0 is TO: PLANNING BOARD FROM: VICTOR LESSARD, PRINCIPAL BUILDING INSPECTOR SUBJECT: SITE PLAN CERTIFICATION FOR CILETTI & CLAPS Reviewing the original Site Plan and Certification for Ciletti & Clapps and the as built site plan, I find the only change to be, the additional handicap parking. The Building Department required that be installed for Building 42 of Section One. This has not compromised the certification and it is still in effect. VL:gar Ve Town Hall. 53095 Main Roady4�` �,, a P.O. Box 1179 Southold, New York 1 1971 � .. TELEPHONE (516)765-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 6, 1989 Vincent Claps Alfred Ciletti P.O. Box 312 Southold, NY 11971 RE: Ciletti & Claps SCTM 01000-63-1-17,18 Dear Mr. Ciletti & Claps: The following action was taken by the Southold Town Planning Board on Monday, February 6, 1989. RESOLVED that the Southold Town Planning Board approve the"As Is" site plan with the following condition: 1. Phase I curbing and drainage is to be brought to proper standards upon any future development of the site. If you have any questions, please do not hesitate to contact this office. Verb ly yours, ri BENNETT ORLOWSKI,JR. CHAIRMAN cc: Assessor' s Building Department enc. it r�ol Southold, N.Y. 11971 (516) 765-1938 May 19, 1988 Robert Brown Fairweather-Brown 308 Main Street Greenport, NY 11944 RE: B.C.C. Restaurant Corp. SCTM *1000-63-1-17 & 18 Dear Mr. Brown: The Planning Board did an inspection of the above mentioned site plan and had the following comments. The temporary drainage barrier is not a good solution as it is too high and has the potential to conflict with car bumpers. .. Future development will require proper curbing and redesign of the existing temparary solution. If you have any questions, please do not hesitate to contact this office. Very truly yours, - BENNETT ORLOWSKI,JR. CHAIRMAN jt IpAPR 2 9 1988 VINCENT M. CLAPS, D.D.S. AILFRED M. CILETTI, JR., D.D.S. 44655 COUNTY ROAD 48 P.O. BOX 312 SOUTHOLD, N.Y. 11971 TELEPHONE 765-1262 April 28 , 1988 Southold mown Planning Board Southold Town Hall Main Road Southold , N. Y. 11971 To the 11embers of the Southold Town Planning Board , As per our site plan for the dental office on Route 4.8 in Southold Please be advised of the following: mhe entire perimeter of the parking area will be outlined with 6x6 CCA railroad ties . In those areas where the earth has been bermed to deflect .the water runoff from the conway property ( ie- the northern and eastern boundaries ) the railroad ties will be stacked two or three course high and anchored with steel re- inforcing rods to prevent displacement . This is a necessary step which must be taken before the second layer of asphalt and striping can be applied . This work should be completed on or before May 14th. We apologize for the omission on the most recently submitted sight plan; this was an unintential oversight on the part of our architect . Sincerely, Vincent M . Claps , D. D. S . Al red M. Ciletti , Jr. ,D.D.S . � `Ir��Tgs°ORD TOE O SOU;, H ID C+h 3 dtw' Y r iy S Southold, N.Y. 11971 (516) 765-1938 April 13 , 1988 Robert Brown Fairweather-Brown 308 Main Street Greenport, NY 11944 RE: B.C.C. Restaurant Corp. 1 SCTM *1000-63-1-17 and 18 Dear Mr. Brown: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board send this site plan to the Building Department for certification. Before the Planning Board can proceed with the final approval, for this site plan, revised maps must be submitted showing the following: A Temporary drainage barrier off the easterly side of the parking lot. This barrier is a temporary solution and any future development will require permanent curbing for the entire site. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN it \` e �i 1yn S.O U H. D - SOLK `G01 Y Southold, N.Y. 11971 (516) 765-1938 March 3 , 1988 Robert Brown i_ Fairweather-Brown Box- 521 308 Main Street Greenport, NY 11944 RE: B.C.C. Restaurant Corp. site plan SCTM # 1000-63-1-17 and 18 Your file # 8607 I Dear Mr. Brown: The Planning Board reviewed the Phase I plans which you submitted on February 5, 1988. The following additions to the plans are requested: 1. In order that the Phase I site plan be complete, it should include the landscaping details, and -a key or note section showing the building area, the number of parking spaces, the zoning, the tax map number; in short, all the elements of the site plan. The reason the Phase I plan must be so detailed is the fact that the original approved site plan showed a different Phase I configuration. In amending this original phase I plan, an amended Phase II plan will also need to be approved before construction is begun on that section. If you have any questions, do not hesitate to contact this office. Sincerely, Valerie Scopaz i Town Planner I cc: Drs. Ciletti and clapps Bennett Orlowski, Chairman J I t ,I CO 1TY OF SUFJLK � -I0W ra9s�Ga � ��►I DEG - 4 �I BLDG. DEPT. MICHAEL A. LOGRANDE TOWN OFSOUTHOLD SUFFOLK COUNTY EXECUTIVE A. BARTON CASS, P.E. COMMISSIONER DEPARTMENT OF PUBLIC WORKS Date December 1, 1987 Fairweather&. Brown, Architects Box 521 Greenport, New York 11944 Dear Sir: RE: Permit No. 48-34 County Road 48 (KX ) County Treasurer has been authorized to refund your security in the amount of $10,000.00 ( ) Bond No. to cover work on this Permit is herewith released & returned to the Bonding Company. This is to advise you that work under the above captioned Permit has been inspected and found to be completed in a satisfactory manner to this Department. Very truly yours, \ C. ROGER MEEKER CHIEF ENGINEER By: M. Paul Campagnola Junior Civil Engineer CRM/MPC/jfc CC: Bond Company Building Department - Town of Southold ✓ YAPHANK /',VENUE YAPHANK. N.Y. 11980 (51 6)924-4300 VINCENT M. CLAPS, D.D.S. ALFRED M. CILETTI, JR., D.D.S. 44655 COUNTY ROAD 48 P.O. BOX 312 SOUTHOLD, N.Y. 11971 TELEPHONE 765-1262 December 10 , 1987 Planning Board Southold Town Hall Pain Road Southold , N.Y. 11971 mo members of. the Southold Town Planning Board ; Enclosed please find the revised copies of our on,-inal site plan. Please note. the change in position of our dental office ; we reversed the PhaseI buildings to satisfy our financial situation. (Our lending bank would not approve a mortgage for a rental unit) . The Building Department approved this change at the time of construction. Please note that we have all good intentions of completing the site plan with the following: A) Our contractor for asphalt and striping is East End Asphalt . We were advised by them to place the finish coat of asphalt in the Spring. B) Our interior carpenter is going to complete the exterior walkways for the present building. C) Kevin Knoblock and Geor--e bind are contracted to do landscaping which should begin this week weather permitting. Please reconsider your letter to the Buidding Department . Our bank will not close with us if they feel the temporary C. O. involves more than just the above items , which are in our best interests as a business to complete . Sincerely, Cp. W Vincent V. CLaps , D. D. S . letti Jr. D. D. S . Alfred � M i 4Ii ((�f:tal;;r'.� Ut1f111� @`a G.."amr��d`p�✓ L%\3 1y �10 1BOARD � It I ` iS j314 D E C 199 DATE U FILE COPY MEMORANDUM TO: :.FILE FROM: juneIll. Utf'2?� 7dmihr5"fi'afive 1�55�sf�zht, . RE: DATE: November 5, 1q8l Y OleEexrnu,e ' aa SL't_ , PLari ekrt n-t�, had osrzlYvc_+e6 as ptr *he. ap pro loin � ('-crn% cure. not C.o ryL le,-�-_d _ Ste'►� �' �' "� � C�xecn- OLL'on �o►-�-�, ��pe r-E-� (-one. &) s ide wc� 9 4Q buht� 1 � Qb� now +haf- -he bU i Icl.. Lan -Clime a c.�,� I s � u PC)Lt . oodd not &&inn Lrn� nLaa +PruS . Pri) d r, . 4-ht Cab CAJ± (Car'�"' area MEMORANDUM T0: '.:.FILE _ ����� n✓ (�o��:a-�a�, � �«��z�.ti FROM: Valerie Scopaz, Town Planner . RE: l •��'` ��� �-- �r��,a..�%may ,. 1 ! _ • ------------ P &1;A IsN G'' � D =4 LD STY Southold, N.Y. 11971 (516) 765-1938 l Raymond Jacobs Highway Superintendent Peconic Lane Peconic, NY 11958 Pursuant to your agreement with the Town of Southold, the Southold _ Town Planning Board hereby refers the following: Application of (Majo subdivisio minor subdivisi site plan) u Hamlet\sdV� �1 MATERIAL SUBMITTED: File # Suffolk County Tax Map No. Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other elull L+— O,r C, k-. GA41-14 r-YA cctk-z$� Comments: l � Very truly yours, BENNETT ORLOW I, JR. ,CHAIRMAN Y'C SOUTHOLD TOWN PLANNING BOARD RECEIVED BY SCUT'I/yL�I I U IU..., �a.,,....,.,4 uurn ur Permit No. .... 3:��.. PERMIT UNDER SECTION 136 of ARTICLED* of HIGHWAY LAW Whereas,Section 136 of Article VI of the Highway Law provides:Permits for work within the county road right of way.Except in connection with the construction,reconstruction, maintenance or improvement of a county road or operations of a corporation pursuant to the provisions of section twenty-seven of the transportation corporations law or sections twenty-one,eighty-nine,ninety-one,ninety-three,ninety-three-a and ninety-three-b of the railroad law,no person,firm,corporation or municipality shall constructor improve,within the county road right of way an entrance or connection to such road,or construct within the county road right of way any works,structure or obstruction,or any overhead or underground crossing thereof,or lay or maintain therein underground wires or conduits or drainage,sewer orwater pipes,except in accordance with the terms and conditions of a work permit issued by the county superintendent or his duly designated agent,notwithstanding any consent or franchise granted by any town superintendent,or by any other municipal authority.Any municipal corporation may enter upon any country road for the purpose of widening the pavement or for any other purpose authorized by this section,but only after securing a permit as provided herein.Notwithstanding the limitations in any general or special law,every municipal corporation shall have and is hereby given authority to deposit with the county superintendent such a sum of money or a security bond as may be required as a condition precedent to the granting of the permit provided in this section.The county superintendent shall establish regulations governing the issuance of highway work permits,including the fees to be charged therefor,a system of deposits of money or bonds guaranteeing the performance of the work and requirements of insurance to protect the interests of the county during performance of the work pursuant to a highway work permit.With respect to driveway entrance permits,the regulations shall take into consideration the prospective character of the development,the traffic which will be generated by the facility within the reasonably foreseeable future,the design • and frequency of access to the facility,the effect of the facility upon drainage as related to existing drainage systems,the extent to which such facility may impair the safety and traffic carrying capacity of the existing county road and any proposed improvement thereto within the reasonably foreseeable future,and any standards governing access,nonaccess or limited access which have been established by the county superintendent.Upon completion of the work within the county road right of way,authorized by the work permit,the person,firm corporation,municipality,and his or its successors in interest,shall be responsible for the maintanance and repair of such work or portion of such work as set forth within the terms and • conditions ofthe work permit.An advertising sigh,display or device,orany partthereof,erected in violation of this section shall be removed from the county road right of way by the owner or the party responsible for its erection.The county superintendent shall make a demand by mail,to the last known address of the owner,apparent owner or party responsible for the erection of such advertising sign,display or device,for its removal and,if it is not removed within twenty(20)days from the date of the mailing of such demand,the county superintendent may remove anysuch advertising sign,display or device,orany part thereof,from the county road right of way.The term"county road right of way"shall,forthe purposes of this section, mean the entire width between the boundary line of all property which has been purchased or appropriated by the county for county road purposes,all property over which the county • superintendent or his predecessors has assumed jurisdiction for county road purposed,all property over which the county superintendent has assumed jurisdiction during the period of construction,reconstruction or improvement and all property which has become part of the county road system through dedication or use.Any person,firm or corporation violating this section shall be liable to a fine of not less than twenty-five dollars nor more than one thousand dollars for each day of violation,to be recovered bythe county superintendent and paid in to the county treasury to the credit of the county road fund created under this article for the construction,reconstruction and maintenance of county roads on the county road system in • accordance with the provisions of this article,and may also be removed therefrom as a trespasser by the county superintendent upon petition to the county court of the county or to the supreme court of the state. WHEREAS,a certain highway known as the MiddleRoadC.R. No. 48 has been improved and is on the Suffolk County Road System and Fairwazat ex, & Brown, A1Cchitects p - WHEREAS, zSZI 4RPa2r, ( • J��� requests permission to install woe `'D" leact�fx Tarzs�.lct with curb type t�f3f'S t grate, btsi3l3 concrete cusi�, asphalt o o w pavement, topeoil 6 seed as per plans, Typical Sections 6 County Specs. On the n/910 M Co p as per sketch or map attached. Middle toads C.R. 48* 367+1 e/0 dortons Lane, Hamlet of Southold. TOVTenNd,�ffiew`permission is hereby granted to said Fairweather & Brown, Architects — � to do said work upon the following conditions: # ( CONDITIONS AND RESTRICTIONS 1 When concrete is removed,cut concrete with concrete saw two feet outside the limits of the proposed coexcavation and for the full panel width.When the cut is made in pavement within 10 feet of the panel joint,the pavement shall be removed for full panel width from the cut on the far side of the excavation to the panel joint. 1 aa� 2. Backfill and thoroughly compact fill using POWER TAMPER,placing soils so that various types of soil are in same relative position as before excavating.Grade to original surface. `9 3. Replace pavement,sidewalk or surface same as existing;if concrete,replace using 1:1 3/4:31/2 mix stone �a7 mix concrete;if bituminous material,replace using same type as removed. 4. If concrete curb is removed,replace with similar curb 1:1 3/4:3 1/2 mix. 5. Edge of Jacking Pits or any other excavation shall be not less than 5 feet from Edge of Pavement. No 0 undercutting allowed in Pit. 6. Notify the Department at Yaphank 924-3451 when the work is to begin so that an inspection can be made of the operation. This permit shall not be assigned or transferred without the written consent of the Commissioner of Public Works. The work authorized by this permit shall be performed under the supervision and to the satisfaction of the Commissioner of Public Works or his representative. Particular attention is called to the necessity of thoroughly compacting the back fill,which will be required by the Commissioner of Public Works. The Commissioner of Public Works shall be given one week's notice by said applicant of the date when it intends to begin the work authorized by this permit,and prompt notice of its completion. The said applicant hereby agrees to hold the State, County and Town harmless on account of damages of any kind which may arise during the progress of the work authorized by this permit or by reason thereof. Applicant certifies all persons concerned with actual work underthis permit are duly covered by Workmen's Compensation Insurance and the State,County and Town shall be held harmless on account thereof. The Commissioner of Public Works reserves the right to at any time revoke or annul this permit should the said applicant fail to comply with the terms and conditions upon which it is granted. The applicant agrees to pay all necessary expenses incident to supervision and inspection by reason of the granting of such permit as certified by the Commissioner of Public Works,such payment to be made within ten days from the rendering of the certified account. Work under this permit to be commenced within thirty days from the date of permit and continued in an expeditious manner. The applicant shall submit a detailed plan of structure to be built,with a description of proposed method of construction. It is understood that should future changes in the alignment or grade of the highway require changes in the work covered by this application and permit,the applicant shall on reasonable notice from the Commissioner of Public Works make such necessary changes at his own expense within the time so specified in notice. Traffic shall be maintained by the applicant on this section of the highway while the work is in progress and until its final completion. A Certified Check In the sum of$ .It#,�+�J!�.t�l� ,••.••••.•••••.•••.•••• payable to the County Treasurer of Suffolk County is . on file as security that the highway will be restored to its original condition where disturbed at the expense of the applicant,as soon as deposited the work has been completed,and the said Commissioner of Public Works is hereby authorized to expend all oras much of such deposit as may be necessary for that purpose,should the said applicant neglect or refuse to perform the work. onsi ation o ranting this permit the undersign ccepts it subject to conditions described. ... aid .... ,. . ................. Applicant Commissioner of Public Works,Suffolk County ��. .�.?...................................... Date TO AVOID SERIOUS DAMAGE TO VITAL UNDERGROUND FACILITIES, PLEASE CALL LONG ISLAND LIGHTING COMPANY AT JUNIPER 2-9000 OR FOR TELEPHONE FACILITIES CALL N.Y. TEL. CO. FLORAL PARK 2-OFFICIAL 25 BEFORE STARTING THE WORK AUTHORIZED BY THIS PERMIT. Cc; Toma of Southold 1, Form P-136 42-107:11/83 f D T �`.U`' SOV' LD sv Y Southold, N.Y. 11971 (516) 765-1938 August 6, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, Ny 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: Enclosed is a survey for the above mentioned approved proposal which has- been endorsed by the Chairman. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Melissa Spiro enc. ECEMED BY ti TRANSMITTAL CDUU,I PLAtll�P,'G BOARD w 4a LETTER — ct i'� t DATE I ke z uf, 94 AJA DOCUMENT G810 ' ,:- S 16 - PROJECT: ARCHITECT'S (name, address) PROJECT NO: o DATE: .6$ T Fe— O: da:Jtii ✓/���� � �� If enclosures are not as noted, please _ inform us immediately. �n Al 147-59-CC' If checked below, please: ATTN: fj ��L, �cc�.��z-/ �%c�v 1G�aryC ( ) Acknowledge receipt of enclosures. L 4,a5/ S,4 , J ( ) Return enclosures to us. WE TRANSMIT: (L, eerewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( dapproval ( ) distribution to parties ( ) information ( review & comment ( ) record ( ) use ( ) THE FOLLOWING: ( ) Drawings ( ) Shop Drawing Prints ( ) Samples ( ) Specifications ( ) Shop Drawing Reproducibles ( ) Product Literature ( ) Change Order ( ). COPIES DATE REV.NO. DESCRIPTION ACTION CODE ACTION A. Action indicated on item transmitted D. For signature and forwarding as noted below under REMARKS CODE B. No action required E. See REMARKS below C. For signature and return to this office REMARKS ti za- r w COPIES TO: (with enclosures) 0 BY: � a vv DOCUMENT G810 TRANSMITTAL LETTER I APRIL 1970 EDITION AIA® COPYRIGHT © 1970 '4ERICAN INSTITUTE OF ARCHITECTS, 1785 MASSACHUSETTS AVENUE,N.W.,WASHINGTON,D.C.20036 ONE PAGE.' U ✓� �G�� n i_U �11 APR 0 5 ATTORNEY AT LAW' 828 FRONT STREET, P.O.BOX 803 �( GREENPORT,NY 11944 SOU HOLD TOWN ' PLANNING BOARD (516)477-1016 April 4 , 1989 Southold Town Attorney' s Office Southold Town Hall PO Box 1179 Southold, New York 11971 Attention: Robert H. Berntsson, Assistant Town Attorney Re: BCC Restaurant Corp, v. Southold Town Planning Board Dear Rob: I have enclosed the original and one .copy of the Stipulation in the above-referenced matter. I attended the Planning Board session on April 3 , 1989, at which time the Board voted to rescind the condition that had been placed on the "as-built" site plan. Once I am in receipt of a written copy of such a resolution, I should be in a position to stipulate to discontinue the Article 78 proceeding. There was one troubling aspect of the Planning Board' s vote to rescind, which I feel I must bring to your attention. During the Board' s discussion of the resolution to rescind, member, Richie Latham, stated, on the record: "We' ll just have to hit them next time. " This would appear to be a clear reference to the treatment Drs . Ciletti and Claps might expect from this Board in the future. Obviously, such a remark was totally uncalled for and tends to diminish confidence in the Board by my clients and by the public at large. Please be assured that any attempt in the future to treat my clients in other than a fair and reasonable manner or to attempt to retaliate against them for commencing this Article 78 proceeding will not be tolerated. Very rul o s, Mc u 1 JKM/lg Enclosures cc: Southold Town Planning Board t i '51'Alk, UP' 1'4hW MURK, CUU1V•1'Y U1'• sy,; I, the undersigned, an attorney admitted to practice in the courts of New York State, ❑ Certification certify that the within ' B Attorney has been compared by me with the original and found to be a true and complete copy. m ❑ Attorney's state that I am Affirmation the attorney(s) of record for A! - in the within action; I have react the foregoing and know the contents thereof; the same is U true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by The grounds of my belief as to all matters not stated upon my own knowledge are as follows: I affirm that the foregoing statements are true, trader the penalties of perjury. Dated: The name sipned must be printed beneath STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: I, VINCENT M. CLAPS being sworn,say: I am >< Individual �,,ss��yy���yyyy m' ❑ Verification z@q& XX ' xxxxxxxxxxxxxxxxxxxxxxxxxxxmdxhmm ttbexmmexisxh=mfgmi Kxaamm:im=slxlu m-yxmnvi irnu3mige�cm-x ffix: ttl�sxt�af>�eitx�>�xx�g�kz��»�amxoi:o�c��rd�x�mrlc�>t�Ba��ill�a��acbacffi.�_xx. a ❑ corporate the P ft-s of BCC RESTAURANT CORP. +� Verification a domestic New York corporation and a party in the within action; I have read the foregoing Notice of Petition and Petitionand know the contents thereof; and the same is true to !try own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This verification is made by me because the above party is a corporation and I am an officer thereof. Sworn to before me n ch VINCENT rT1,e nTrrRprd,must,be printed beneath _ a otary Public 11 11.. AAYYb tt r. f .,± �, n t r n STAT OF NEN , COUNTY-OF'- "..cl_nL�.,l�lt � r ^ •• { �yelcry r❑[.JC, = P.: t.•i '+Ci'r Y 1 ell Luth boxes are decked—Indicate Ntnr name,tape or service used.) I, Qualified i:: P;, • " being sworn, -say; I am not a party to the action, am over 18 years of age and- elide at pip E::;: ;s �-a" ' �On 19 I served- re within EjSe ma l by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care By_ and custody of the U.S. Postal Service within New York State, addressed to each of the following persons at the last 3 known address set forth after each name: a ❑ Personal by delivering a true copy thereof personally to each person narned below at the addrtys indicated.I knew each person Service on served to be the person mentioned and described in said papers as a party therein: Individual ca Sworn to before me on 19 The name signed must be printed beneath SLIPRLL'LL UUUJ-{J UN 1L'Ili J.Lnit� yr •.,... .___ COUNTY OF SUFF I — r In the Matter of the Application of BCC RESTAURANT CORP. for a Judgement Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, against • THE TOWN OF SOUTHOLD PLANNING BOARD, and BENNETT ORLOWSKI, JR. , Chairman WILLIAM MULLEN, RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board, Respondents. J. KMVIN MuLAUG13LIN Attorneyfor Petitioner Office and Post Office Address, Telephone 828 PRONT S'L'11146ll,BOX 803 GRENNPORT.N.Y.11944 (516)477-1016 To Attorney(s)for Service of a copy of the within is hereby admitted. Dated, •-----•--....-----•--••-•-------•-•.....................••--•--•-•- Attorney(s)for Sir:—Please take notice ❑ NOTICE OF ENTRY that the within is a(certified)true copy of a duly entered in the office of the clerk of the within named court on 19 ' ❑ NOTICE OF SETTLEMENT that an order of whichthe within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 19 at M. Dated, Yours, etc. J. KEWIN N1c1,AUGIILLN Attorneyfor Petitioner To Office and Post Office Address 828 FRONT S'l'12L�,ET.13OX 803 Attorney(s)for (lltb:H:NPOIt'1', N.Y. 11044 2 V(1 - 11•L lllS pl•1.1n1'I,(.•I„ram lAW AI.ANR 1•UIIL1411l N!i.,IYG 10013 IL n. it T q MAR 17 �93 :;ouihold ; ��.� b wn 09rk SOUT�lOLD TOWN SUPREME COURT OF THE STATE OF NEW Y'aR-K PLC-°�° �lING BOARD COUNTY OF SUFFOLK , In the Matter of the Application of BCC RESTAURANT CORP. for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, NOTICE OF PETITION against - INDEX NO. BENNETT ORLOWSKI, JR. , Chairman, WILLIAM MULLEN, RICHARD LATHAN, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board Respondents, R PLEASE TAKE NOTICE that on the petition of BCC RESTAURANT CORP., verified March .6, 1989, an application will be made at an IAS Part of this Court to be held in and for the County of Suffolk at the courthouse in Riverhead, New York, on April 10 , 1989, at 9:30 a.m., or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 to review, annul and set aside the action of the respondents, constituting the Planning Board of the Town of Southold, taken on the 6th day of February, 1989, by which respondents approved petitioner's "as-built" site plan and for such other and further relief as -may be just, proper and equitable. PLEASE TAKE FURTHER NOTICE, that an answer and supporting affidavits, if any, shall be served at least 5 days before the aforesaid date of hearing. Petitioner designates Suffolk County as the place of trial. The basis of cc: Town Board Town Attorney Planning Board venue is that respondent, Southold Town Planning Board is a town board of a municipality located within Suffolk County. Dated: Greenport, New York March 6, 1989 J. KEVIN MCLAUGHLIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 J SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ........-_.........—.__.._.._ _ _ R In the Matter of the Application of BCC RESTAURANT CORP. for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, Petitioner, ' against - PETITION- BENNETT ORLOWSKI, JR. , Chairman, WILLIAM MULLEN, INDEX N0. RICHARD LATHAM, RICHARD WARD and KENNETH EDWARDS, constituting the Town of Southold Planning Board Respondents, X TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK: The petition of BCC RESTAURANT CORP. respectfully shows: FIRST: That your petitioner is the owner of the real property with the buildings thereon situated in the Town of Southold, County of Suffolk, State of New York and more fully described in Exhibit "A" annexed hereto and made a part hereof. SECOND: That the said respondents, Bennett Orlowski, Jr., William Mullen, Richard Lathan, Richard Ward and Kenneth Edward at all times herein mentioned constituted and still constitute the Southold Town Planning Board of which said board the said respondent, Bennett Orlowski, Jr. is and was.at all times chairman. THIRD: In or. about the fall of. 1985 the petitioner filed-an application for site plan approval with the Southold Town Planning Board for the construction of a two phase office building complex on said premises. FOURTH: That on or about August 6, 1986, the petitioner obtained site plan approval from the Southold Town Planning Board for the construction of said project. Annexed hereto and made, a part hereof as Exhibit "B-1" and "B-2" respectively are a copy of said approved site plan and the letter of transmittal to petitioner's architects dated August 6, 1986. FIFTH: That pursuant to said approved site plan, the petitioner sought and obtained construction financing from an area lending institution for, this project. SIXTH: That said lending institution would lend a maximum sum of $187,000.00 to the petitioner for phase one of said project. SEVENTH: That as part of said project, the principals of the corporate petitioner; namely Vincent M. Claps and Alfred M. Ciletti were building a new professional office for their dental practice. EIGHTH: In addition, the project encompassed other professional offices to be leased by the petitioner. NINTH: That the lending institution required that, if both buildings encompassed in phase one of the project ,could not be built for $187,000.00, that the petitioner construct the dental office building first. TENTH: That as appears on the approved site plan annexed hereto as Exhibit "B-111, the dental office was originally planned as the westerly of the two buildings comprising said phase one of the project. ELEVEPITH: That the petitioner determined that both buildings comprising. phase one of the approved project could not be built for $187,000.00. TWELFTH: That as a result of the foregoing, and in order to prevent multiple problems with the later construction of the rental building in phase one of the project, the petitioner determined to switch the location of the buildings comprising phase one of the project. In other words, the dental office building would become the more easterly building and the smaller, rental building would become the more westerly building in phase one. THIRTEENTH: In order to accomplish this purpose, the petitioner, through its agents, contacted the Southold Town Building Inspector to inform him of the proposed switch in the locations of the buildings in phase one. FOURTEENTH: The petitioner was assured by said Building Inspector that, since there was no change in the square footage of the respective buildings, the switch of the .buildings 'locations would not cause any problem and that no further action by the Planning Board was required. FIFTEENTH: Petitioner filed an application for the necessary building permits for the construction of phase one of the projects with the building locations, switched as set forth above. SIXTEENTH: Thereafter, and on or about July 30, 1986, the aforesaid building permit was issued for the construction of the dental office bearing permit number 15581Z. Thereafter, on 'or about May 20, 1988 a building permit bearing number 17037Z was issued for the construction of the rental office contained in phase one of the project. SEVENTEENTH: In good faith reliance on said building permits, the petitioner proceeded to construct the dental office building and later the rental office building and expended approximately $211,000.00 in said construction, in addition to the purchase price of the real property in the sum of $80,000.00 EIGHTEENTH: Thereafter, the petitioner applied for certificates of occupancy for the said buildings in phase one. NINETEENTH: That upon information and belief, the Southold Town Planning Board inspected the project and directed the Southold Town Building Inspector not to issue such certificates of occupancy unless and until the petitioner filed an "as- built" site plan showing the buildings in phase one as switched with said Planning Board and obtain approval for said "as-built" site .plan. TWENTIETH: In order to obtain the required certificates of occupancy, the petitioner caused its architects to prepare and .file an "as-built" site plan with the Planning Board. TWENTY-FIRST: In reviewing and approving said "as-built" site plan, the Southold Town Planning Board has conditioned said approval as follows: ' f "Phase 1 curbing and drainage is to be brought to proper standards upon any further development of the site." See copies of approved "as-built" site plan and letter of transmittal thereof respectively annexed hereto as Exhibits 11C-1" and "C-2". TWENTY-SECOND: It is respectfully submitted that the petitioner has constructed phase one of the project in good faith reliance on the approved site plan and the validly issued building permits from the Southold Town Building Inspector. TWENTY-THIRD: The originally approved site plan provided for paving and curbing of the curb-cut off County Route 48 to county specifications. Said approved site plan did not provide for curbing around the perimeter of the on-site paving and parking areas. TWENTY-FOURTH: The drainage situation was considered in the petitioner's initial site plan review and was approved, as part of the originally approved site plan. TWENTY-FIFTH: In fact, petitioner did install CCA railroad tie type curbing around the perimeter of the on-site paving and parking areas in phase one of the project. TWENTY—SIXTH: The attempt by the Southold Town Planning Board to impose additional, more stringent drainage and curbing requirements as part of its approval of the "as-built" site plan is unlawful, arbitrary and capricious and without basis in law or in fact. TWENTY-SEVENTH: The petitioner, through its agents has been advised by the Planning Board, that petitioner must provide either concrete or belgian block curbing around the entire perimeter of the paving and parking areas for the entire project. TWENTY�EIGHTH: Upon information and belief, the cost of such curbing, as opposed to the CCA railroad tie type curbing, would be an additional $50,000.00 to $60,000.00. TWENTY-NINTH: Phase one of the subject project was built in compliance with, and in reliance on, the initially approved site plan and the building permits issued pursuant thereto. THIRTIETH: That the actions of the Southold Town Planning Board in conditioning its approval of the "as-built" site plan upon bringing phase one curbing and drainage to proper standards is arbitrary, capricious and illegal. THIRTYY-FIRST: The Southold Town Planning Board lacked jurisdiction or power to further condition site plan approval on the subject project subsequent to its approval of the initial site plan, the issuance of building permits pursuant thereto and the petitioner's construction of phase one of the project in good faith reliance thereon. Accordingly, the conditions imposed by the Southold Town Planning Board in its conditional approval of petitioner's "as-built" site plan should be set aside. THIRTY-SECOND: No previous application for the relief requested herein has been previously made. THIRTY-THIRD: Thirty (30) days have not elapsed since the filing of the subject determination with the Town Clerk. WHEREFORE, petitioner prays for a judgment that the conditions imposed by the Southold Town Planning Board on its approval of the petitioner's "as-built" site plan be set aside and that said Planning Board be directed to deliver to the petitioner an approved "as-built" site plan not containing the aforesaid conditions. Dated: lurch 6, 1989 Greenport, NY 11944 J. KEVIN MCLAUGHLIN Attorney for Petitioner 828 Front Street, PO Box 803 Greenport, New York 11944 (516)477-1016 �16 0 _-) 15 7. . Form 800:•6/84-10M and 5ah•Dvvd,with Cot•t•trant aruinat Grantor'a Acta—individual or Corporation. (single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. o t LIBER 9733 Pars 59 z31�GZ a 9 . THIS INDENTURE,made the day of January , nineteen hundred and eighty—five BETWEEN LONG ISLAND-%CAULIFLOWER ASSOCIATION, a domestic corporation with its principal place of business at 139 Marcy Avenue, Riverhead, New York 11901 party of the first part, and . BCC RESTAURANT CORP. , a New York corporation with its principal place of business at .817 Main Street, Greenport, New York 11944 i � party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, .lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Horton's Lane where the same is intersected by the northwest corner of land now or formerly Batuyios and the southwest corner of the premises about to be described herein, said point being distant 77.96 feet northerly as measured along the easterly side of Hortons Lane from the northerly end of a. curve, connecting the northerly side of Middle Road (C.R. 48) with the easterly side of Hortons Lane; , running thence from said point or place of beginning along the easterly side of Hortons Lane, North'80 57' 10" West 50.66 feet to land now or formerly Conway Bros. ; running thence along said land .North 71° 48'. 10" East 1024.06 feet to land now or formerly Dart; running thence along said land the following-two (2) courses and distances: 1) South 100 21'. 50 East 50.47 feet; 2) South 9° 37' 50" East 42.56 feet to the northerly side of Middle Road (C.R. 48) ; running thence along the northerly side of Middle Road South 67° 06' 40" West 625.07 feet to land now or formerly Batuyios first above mentioned; running thence along said land now or formerly Batuyios the following two (2) courses and distances: 1) North 22° 53' 20" West 93.54 feet; °y' 2) South 71 48' 10" West 388.36 feet to the point or place of BEGINNING. THE REAL PROPERTY Described herein does not constitute all or substantially all the assets of Long Island Cauliflower Association. BEING AND INTENDED TO BE premises described in deed to. party of the first part in deed dated August 1, 1939, recorded August 4, 1939 in Liber 2055; cp 139 AND in deed dated July 29, 1939, recorded August 4, 1939 in Liber '2055, cp 137 •AND.in deed dated TAX r1AP December 23, 1949, recorded December 27, 1949 in Liber 3030, cp 344 in the Suffolk GSIGNATION County. Clerk's Office. ist. 1000 TOGETHER with all.right, title and interest, if any, of the party of the first part in and to all streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances x. 063.00 and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO .' HOLD.the premises herein granted unto the party of the second part, the heirs or successors and assigns of t• 01.00 the party of the second part forever. re(s):pig. AND the art of the first art covenants that the 002 party P party'of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. . . '" - A.NTD th-.n t �i tl;.v F.r�r .. . - 1 r � ._ i, rrr �.i �....; 1:.. .-.. .•tt; CeC:`��r 13. rJf t1.a Lien T_.... ..t;.,e;a—:tc 41:^_t ft:e n-r rter of the first part will receive the consideration for this conveyance and will hold the right to receive such collsid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the.improvement before using any part of the total of the same for any other purpose. C Tile u^ord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: LONG ISLAND CAULIFLOWER ASSOCIATION EXHIBIT "A" I STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ' ss: On the day of 19 before me On the day of personally came Y 19 before me personally Carne to me known to be the individual described in and who to me knowr to be the individual described in and who executed the foregoing instrument, and acknowledged that executed executed the same. the foregoing instrument, and acknowledged that executed the same. 23 7 G2 FEB 13 1985 TRANSFER TAX • SlIFF01_K COU NTY STATE OF NEW YORK, COUNTY OF Suffolk ss: STATE OF NiVf YORK,' COUNTY OF ss: On the q �Ndaylof Jan r� 185 , before me On the day of Ig personally came o�rc:� h` L�uic.� before me personally came to me ]mown, who, being by me duly sworn, did depose and the subscriben witness to the foregoing instrument, .with say that he resides at No.l� jj?Qyc whom I am'personally acquainted, who, being by me duly tha the t ��� �" sworn, did depose and say that . he resides at No. of Long Island Cauliflower Association, that he knows ' the corporation described _ An and which executed the foregoing instrument; "that he to be ividual knows the seal of said corporation; that the seal affixed described in and who executed the for going instrument; to said instrument is such corporate seal that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- a ecute the same; and that he, said witness, lion, and that he signed his name thereto by like order, at the same ;time subscribed h name as witness thereto. Notary..Publ'ic R7ARIE HANSEN DOYLE i�.�;;-i; 'f;r� tGrIZtMI ;';; !}}"if NOTARY PUBLIC, State-of New York No. 4812331,Suffolk Count Torni Expires MArch 30, 1g sv 394rgain ana laic Meeb Wn ti COv[NANT AGAINST GRANT O S AC I s SECTION 063.00 TITLE No. BLOCK, 01.00 LOT 018.002 LONG ISLAND CAULIFLOWER ASSOCIATION COUNTY oR TOWN Suffolk/Southold TAX BILLING ADDRESS TO BCC RESTAURANT' CORP. Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: ►cam, JR Diuriburrd by' �rrv.P.voY AT �sJty TITLE GUARANTEE --� NEW YORK F'1F j=�o,✓r ST, ATICOR TITLE INSURANCE COMPANY �R y Zip No. lu J ^i V 7 J_ J U ' le , t I � ter+-...••�.�...m.w��W. �':^.�OLD I � • .. 1 '� ... ' I rr'����••�tf M..w�N.r.rM'--•�i: "__ il..•� 1 :•�•_ �7L'.1`1.��7... .� i•ac�•, - if..•vs�... OIONlI:Gf f0•.��_i . .-. laJ.'/-" -.. iw�•i,..-1 '•.�.��t._.vsi7• Ot::C-^•ry11:1T.d .. "-Ila,C7 a�—�...�Cdl '. ,. .•�;r'�ii��ios�jei��RTz. ABC-AO::cdV t ' _ '.r�r}y e•rnis'ae.A.•s.1sf..•wrf.Jwr+i�s• m�kxc•i � I I , - .-; Via: - ,, . . I I ,i::, _�:.+- :..� �..•-�.. "J;r:� - '- '�: -. M- ocilJ 11 "'�.- 1 •tlh. � - �—�•.lr .� '� 1 `.�'i Ji - I — J ._ — _ • ` .�• '.`;:"�.•:'�:,..:..;.�:•:���=.:•ir:i, .. � .. - .w�..r..•.s• �-�� _ 'spas✓�:v j ��, +r .._ '-- � __ - .,, - _ -�;rd�4w.^'��i•- - _-.�,_v,:��;-•L:"::vvi••..F;.,....,I�r�rs_Y�___ •tr-y>.....o.'•ti<2^'t:!� _ :`71�•,�' :.�r •'•��N tt'.M LAt R•--' ', 'f •, �'-:t — G.1l.ul'WL'LR'//L...( \ _ �i,Y.�ivra•. _��� . l: ["� •�" r ..c.P,•:r' T.� u. 47 iH• 1 L r raT A nn .• vrirle:, I ' M•w �'v'T� •� _ apOZ / r I i<.• ?•.�-,-• •�^I _ ,!• yam' ���rRBjSr /a 1 - _ At .tr/+vf- •�.�.. L[ .:•�,i.`t,•. .. )) J. P,N.. •p• Q❑p❑ � Y-P• � .. •Taff M4 a"$1' /-G.eN•t.,w'.1T.. _ 'I •;�' SsL+Itw,I )� ���' -- 4. � _ 1�� _- /: �-. :S7•L!,cy:.•4�' !:�[ •� _ .. .. g :/ 4t• r. i • Ifr k T- i )Iz Z' 7. •. •1 e e' r r _ - r .IL•r F.Co.c. e,tr I :1' -CL,A./ � ' ¢ -r I c'd P., ! _ /IKOL,%�P:Q<r •L.-55 TAM .. Z� ._ ,. Sr.• /mac �r 'P i Ci ewu 'o -u D .1 L 1 4. ,N. I SaGT,O•J .... O- G.[w.•aL s.cc F,K' � .�[ `� •�, •/ a� �1 i , ,•ao SG T I•;/- - • + Nb �1.- TAIL [T�r••c �r.-•`.r:: ' � R�. �7::e'•n•C. 5•[.•Lr.1 �O r 1'-d' -® SEPTIC`rwK DerA,L•' N.[F,�u.r.<T s}p P141LlC� i s �i�.l_n_ BEWEA. DROFILE• - ?� ./', _ u.....�,P:.•,,,•,' .'i � -_ -"�c^'r +x•,.[a:...a._ ecwr.rr r.ao' r': Int_v.u.,.' •K LLv+•rq a,A• I s•+,� -9 ri U -T.. i i •C - I - •7 - _ v •1'• we - ' _1 N .r err_ I• � :i •'r'TJ i' ',rF.•fir+•: - t' W 1 °di f )_ •f - " L-- - / i 1 .:i n - - >C "Nq / Y_• 1 - r-: _�• ^ M ::L._ Lv•� _ •� n"`r� .. __`J� __ 'j..i.. ,)i:.rl•.. __ 1-';•'ti•-.:G'r�r�c.a. I,C ".�e:'S�t ' _ :f••---"__-_� 1+��.)ra ' 1.'� � .. h �'wwlr "'ire- _.Tr� La 71 t.f• __•':L - .r-n._ - - -_. :.ate . . r'- - _ - i T. i hq -_-_` a.,.w u.,l ,�u..,r,u� •K. L .^ •.L�.?,r[/R.Ib':•:..II r.r - - I { 1 Mb.....I.. .I I 'OVED - t. w 1 w 4�1r„1 . .Y` .i�s - - •f?•I:., `�- -t yr„ ..`•_ .- - .. •,u, 'r r•.i• ..,, .1� 'TT--�-.�- �l ..�.::.t...N�'1•w.•Y:•lr.,.':',r-�:i^L.'�li 1. l GY _ VWAY 6. P,t'.W 1 .. r.T•rY .. -----f---� -r-- 1 .. .]::✓L'.y A+.u•L MO. 'pLa�•.+eoaL ppyr l;L:•• To%... Ns Sb:l-::J:O- - - I:C�'.` rStiS�ncr:.; ) TER)- 4 =�(wiL;s.a��•; /i S- :r, uwu�r n.•1. `; y�-� :.f+.oF.• � �'Fai,�irbr:I �i•KL _ _ � (.:•.+• _ - ,- _ .•I'•'•:•rUnsW:,nr �[ArfITMT root AUTI rI[t�/N•0 J7•' _ •/••.o,..svM r �.:f�• T/u` � '• i �.• :.-' : � /'Y- "' ( � FLN[FT[[F tIA T[.T T[r[[u 4N•'[Y C+J:r.,(k�.�'Sy.r)"^•e l., _ b• ;� _•'^ �rmTu••P,r..• 1 ox^c n•r ih[INou;T,l•L vi[s oa orncn. �'a••c'-1<x:< uy: i:' .�-r Yr`I(,`� II.�I _ - u. •� ( ' YL[nµnC,1 IL: nm.I w[wI.J T.LOt PILL LrTMOi •._•'r^' �- •�••lwa.v)'•;r e.A^',� ice. I�+.f ,��,��� � e!:Is:rr�r',or/W���'•f� F..U.LDUL'L T[51AL[rtwc.:u.T rFc.rt[[nLcs[.ccii[tc . F'^`��'-a+L�,k-.. ti!-•a :'I,�,^-�: �G _ 11- 'LI '•{ � .�� �'�. r[nNlh Lc[I[nl•T ION:N't Gl,µ}[0 •.�•. /„K ' •,f 1. . IV rUF WrI T.OS[ I[ 1 r rN 4-..:_\ I�' ''.� �� I 1 ,4, �• r[G.M � � - , '. [0 Mi1CL[{. .. ._... - - r -r`' i_ I•_ i I, :[.:,_._r r slc,.roci. C2 rr �.� '.�'ll _ )) L.•1 I 1 /'r' .:raelu Tr awFu• � - -� -,,c/..n;. •� 3_c.t.•v•o�1•: ��'C4rn. �!,I •.:I 7-_ _-_'L-----IJ .. 1: _--___ _' wrc•_ •� I� •1 I . •f• ..._r.rc.nlc r: - ri�t...r. 1•. .. •'[ r,•^.'.: n::t'-L•'.,� ��_�,: ._.- f y I Southold, N.Y. 11971 (516) 765-1938 August 6, 1986 Mr. Robert Brown Fairweather - Brown Architects P.O. Box Z Shelter Island Heights, NY 11963 Re: BCC Restaurant Corp. Drs. Ciletti and Claps Dear Mr. Brown: Enclosed is a survey for the above mentioned approved proposal which has been endorsed by the . Chairman. If you have any questions, please don't hesitate to contact our office. . Very truly yours, BENNETT ORLOWSKI, CHAIRr - N rye' SOUTHOLD TOWN PLANNING BOARD By Melissa Spiro ' enc. EXHIBIT "B-2"