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HomeMy WebLinkAbout5940 "Pow► l ow Ski ' kL i d APPEALS BOARD MEMBERS Mailing Address: Ruth D. Oliva,Chairwoman �O��QF $0(/rypl Southold Town Hall Gerard P. Goehringer 53095 Main Road•P.O. Box 1179 � �t Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon 0 ^��� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman COMM 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIV D TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 1 i 9 FINDINGS AND DETERMINATION MEETING HELD OCTOBER 5, 2006 Southold Town Cf:�r1 ZBA SE File No. 5940— Peconic Bay Materials CTM # 113-14-10 Property Location: 260 Cox Neck Road, Mattituck (Heritage Harbor Filed Map, Lot 10) FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (LB) Zone District and contains a total area of 47,760 sq. ft. with 153.51 ft. frontage along Cox Neck Road in Mattituck. The property is vacant and adjacent on the north by a dwelling (R-80 Residential Zone), on the east by a parcel zoned R-80 Residential and another parcel zoned Limited Business, and to the south by properties zoned Limited Business. Applicant's property is also 'shown as Lot #10 on the Map of Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map#6853. APPLICANT'S REQUEST/BASIS OF APPLICATION: A Special Exception under 100- 81 B(2) for a contractors business with storage and office areas. All parking and screening will be determined by the Southold Town Planning Board as provided under the Zoning Code site plan regulations for the Limited Business (LB) Zone District. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing contractor uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: 1. A landscape contracting business is permitted in this LB Limited Business Zone District under Section 100-81 B(2) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. In this review the Board determines that a contractor business use is in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A) The use of the property as a Contractors Business Yard office and related activities are similar to the activities already approved by this Board in a previous decision made on September 11, 2003 (ZBA Application 5365) and will not prevent the orderly and reasonable. use in this zone district and Page 2—October 5,2006 ZBA SE 5940—Peconic Bay Materials 113-14-10 at Mattituck adjacent districts. The adjacent property on the north is improved with a single-family dwelling, zoned R-80 Residential, on the east by a parcel zoned R-80 Residential and another parcel zoned Limited Business, and to the south by properties zoned Limited Business. Opposite Cox Neck Road is an existing winery business also located in the Limited Business Zone District. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly regarding visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. A contractor's business in this LB Zone is a listed authorized use in the Zoning Code, allowed by Special Exception approval from the Board of Appeals and site plan approval from the Planning Board. C. The location of the existing building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. Page 3—October 5,2006 ZBA SE 5940—Peconic Bay Materials 113-14-10 at Mattituck E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Outside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. Outside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. G. The operations as a contractor business and yard will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. Off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate is subject to review and approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the operations as a landscaping business. J. The use and the building location will not cause an overcrowding of land or undue concentration of population. K. The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not unreasonably near a school, theater, recreational area or other place of public assembly. M. The site is suitable for a contractors business and yard with related accessory uses considering its size and the character of the neighborhood. N. Concerns with respect to outside storage of debris has been addressed as a condition of this Special Exception. No other evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. Page 4—October 5,2006 ZBA SE 5940—Peconic Bay Materials 113-14-10 at Mattituck P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the Special Exception for a contractor business as applied for, and shown in the Affidavit of John Conte received October 5, 2006, and site plan dated October 20, 2004 prepared by Barrett, Bonacci & VanWeele, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall be no outside storage of debris, such as large stumps or trees, or construction debris. 2. Any temporary storage of stumps or other debris shall be removed from premises; 3. The evergreens and cedars along the north side of the property shall be permanently maintained. 4. A 6-foot high fence must be installed/maintained along the entire length of the rear property line and southerly side property line. 5. The Board of Appeals reserves the right to review and inspect the property concerning the operations as a contractor's business and concerning the conditions of this Special Exception approval. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Page 5—October 5,2006 ZBA SE 5940—Peconic Bay Materials 113-14-10 at Mattituck Simon. (Member Weisman was abs during this Resolution.) This Resolution was duly adopted (4-0). V—A� C 0�4 Ruth D. Oliva, Chairwoman 10/J'Fl/2006 Approved for Filing MEOW a' LAND NOW OR FORMERLY OF RO BERT ADAMSON & DIANE ADAMSON 21 '25910" E 88. 11 ROB 3N �" '10" E 149. 87' ,W 2.. 56 C��� .. ._..._.. .... -.... :�;� - _ ... ._..... �.TIY._..-^.• .' l Y Y, t _ .....v' ,x 1 - i ---- DIRT I.;i AVE i, PARKIN".; AREA I ` V PIVET LOT10 ` / C „ G tiQ 2, \ ;r k' J i CNc;I U5EF� S TOR V Y sFL Nr ( kr tta �SI:F'fl(:: .' � METAL A N K { �--------- ❑ --- BUILDING � � f O� �,.._. ICI _ La .........._ ._._._ i:A �(- i' EL F;C TRIG ME IER ------- LEA;,r I rN r \ LAURELS 9 SKIP PINE S %� v /' i I2, U LAURELS / Q) JW�EEP ING I _1 vy EDAR m co m -- QL.UCK CURB ` BED OF LL `••--::� (� DECORATIVE ` GRASSES BIRCH � - TREE150. 00 •�\.'\ i, ' `,' -'.• -I. tl N 22 13 30 W 1 153 51 c. r DOUBLE YELLOW LINE .; 0' I of % i� OX NECK ROAD t State of New York -_ -a )ss: Affidavit q� - � ©CT 5 - ' County of Suffolk ) 2006 1 r I, John Conte,being duly sworn, depose and state as follows: 1. I submit this affidavit in support of the special use application for the premises known as 260 Cox Neck Rd., Mattituck,NY. Pursuant to your request at a public hearing held on September 28, 2006, I submit this affidavit to comply with your request to provided details on the scope of the business to be operated at the subject site. 2. Business scope: I will conduct business at the site under the name of Peconic Bay Materials. The business will design and install landscaping to private customers and homes. The business will perform the following work: Install and/or remove landscaping. Installation and/or removal of, shrubs,bushes, trees. Installation and/or removal of drainage systems, grading,piping and drywells Installation and/or removal of lawns, topsoil, and topdressing. Installation and/or removal of irrigation systems. 3. The above business would involve all that would be necessary to complete a designed landscaping project from start to finish. 4. To accomplish the above I would need the following Equipment: Equipment to remove existing landscaping and drainage when necessary. Landscaping tractor with grading attachments kid loader Landscape excavator Ten wheel truck Small dump truck Landscaping trailer to move equipment Utility trailer. This equipment would be stored at the subject site. 5. To accomplish the above I would need the following Materials: Sand, Stone and Mulch. These materials would be stored at the subject site. 6. Equipment and materials we would not have at the subject site, 260 Cox Neck Road: Equipment: Cranes Tub grinders Large oversized equipment Screening machines Materials; Compost, manure Tree stumps Branches Cement or asphalt. 7. I am not looking for relief from previous conditions placed on this property but merely supplementing the prior approved use to permit the use of the subject premises as a full service landscape contractor. I maintain and will continue to maintain off site storage of materials. 8. Other items I intend to complete: Install a stockade fence to the south (strip mall) and east, (large truck repair shop) at the request of the owners of those properties. 9. I would like to address the concerns made by the South side property owner regarding the shrubs. Upon review of the survey of the property, previously provided to the Board, I have determined that the shrubs are actually on my property. After the meeting before the Board, I took digital pictures and have submitted them for your review. The photos show that there are no leaning trees or bushes on to the neighbors' property. It is my intention to always maintain the shrubs between my property and my neighbors' properties. 10. I respectfully submit this affidavit in support of the application for a special use exception, and trust this will allow you to complete your assess ent of said application. I thank you in advance for your consideration in this I er. John Conte Sworn to before me this day of October, 2 notary public THOMAS M.KERR JR. Notary Public,State of New York No.01KESM721 Qualified In Suffolk County EON�Sept.29, G LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 28, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY,SEPTEMBER 28,2006: 9:50 A.M. PECONIC BAY MATERIALS #5940. Request for a Special Exception under Zoning Code Section 100-81B(2) to convert the existing use from a landscape contractor's yard approved under ZBA No. 5365, to a contractor's business and yard, at 260 Cox Neck Road, Mattituck; CTM 113-14-10. Zone District: LB Limited Business. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at(631) 765-1809,or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: September 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA,CHAIRWOMAN By Linda Kowalski #8037 SEP 19 Z006 STATE OF NEW YORK) COUNTY OF SUFFOLK) ` Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 14fh day of September, 2006. Principal Clerk Sworn to before me this day of 2006 \J"R�STINA VOLINSKI CH NOTARY PUBLIC-STATE OF NEW YORK No.01-1406105J Qualifled In Suffolk cognty commission Expires February 28;2008 G i I I i i s 9�0 FORM NO. 3 NOTICE OF DISA)'PROVAL DATE: June 8, 2006 TO: Peconic Bay Materials (Pawlowski) PO Box 30 Westhampton Beach, NY 11978 Please take notice that your application dated May 23, 2006 For permit for to convert an existing landscape contractor's yard to an excavation contractor's yard at Location of property: 260 Cox Neck Road, Mattituck,NY County Tax Map No. 1000 - Section 113 Block 14 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed use requires special exception approval from the Southold Town Zoning site plan approval from the Southold Town Planning Board. You may now apply to these agencies directly. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA SOUTHOLD TOWN BOARD OF APPEALS JUL 1 Z006 Phone(631)765-1809 Fax(631)765-9064 APPLICATION FOR SPECIAL EXCEPTION Application � CALE. t111_ I Date Files: I(WE)hereby apply to the ZONING BOARD OF APPEALS,Southold,New York for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE job ,SECTION SUBSECTION �J Owner(s)(as applicant): Mailing Address: Z Telephone: Co 3 1 - a q% n ql/ Z NOTE: If applicant is not the owner,state if applicant is owner's attorney, agent, archit ct;builder," " contract vendee, etc. Authorized Representative: Address: J J _ �. .. Telephone: a For the below-described property for the following uses and purposes(and as shown on LIIR-attache d plan drawn to scale): (attach separate sheets if needed) A. Statement of Ownership and Interest: is(are)the owner(s)of property known and referred to as &(ao C C) C �� fi1 ! L &V, ag (House No.,Street,Hamlet) identified on the Suffolk County Tax Maps as District 1000,Section// Block , Lot(s) Q ,which is not(is)on a subdivision Map (Filed "Map of "Filed Map No. , and has been approved by the Southold Town Panning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: / C. The property which is the subject of this application is zoned dv 23 and [ ] is consistent with the use(s)described in the Certificate of Occupancy(copy attached). [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ss.. STATE OF NEW YORK) (S nature) Sworn to before me this /y day of �//y , I / (Notary Public) ZBA2(rev.2/06) PATRICIA ABBATIELLO Notary Public,State of.New York Pto, 1A6506�745 2006 -PcwJl Dwsk i To FfOt ... "( tF C R CARD OWNER ~�- - - STREET VILLAGE .DI'ST, SUB. LOT-2a,u,� /o OYi FORMER OWNER N E ACli i W TYPE OF BUILDING. RES. 3 SEAS. VL.9 FARM COMM. CB. MICS. Mkt. Value i LAND IMP. TOTAL DATE REMARKS . 3/2. a kJtt,�v � `er 1 ap Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total ns As " 14.6 MATCH 14.2 14.4 1.4AI.1 LINE 1.0A10 1.5Md SEE SEC.NO.107 0 Y ° \ 2�P1c1 MATCH LINE W N gas 200 1.4 r \2 �y 7.5 FOR PCL.NO. zmi l 1,4AlcT 123, 1,7A1d xn / �� �n, - ,A ucI 5s. 14.5 ` $. 1 l/Ro. 21 •%a T.3 + ° + c 1 • 1.2A1d • +'•' FOR PCL.NO. G90 6 6 O �Da 2D lc1 r SEE SEC.N0. 7.2 m s,. x° 1.741c1J 15P lcl �•Mp'`,°+ 2 ni + 0 114-02-001.2 Ns r=• `11 1 P ✓4 B peg 10 6 s 360aeRA= LANDINGx6 4 x �• 4 014 s v `5` *jo �I SHORELINE ATT[TUCK q +s s "r H SR. OF. 'Q'LLDti° \ " 4P f` 5 �G, ,• y/ I�'I II lb, x,,\\\\ i 0 \ \ S \ i I Z�s �6plc, ,�,. 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TRH� SDUTHOLD ZWER WOD MAINTENANCE,ALTERATION,SALE OR 4� Real Property Tax Service Agency Y IYURA1ATER T SUFFOLK OF ANY PORTION OF THE ® 112 117 114 VILLAGE ff IEFUSE �. County Center Riverhead,N Y 11901 M 113 SITHOUT COUNTY TAX MAP IS PROHIBITED SCALE IN FEET: uSTEtleTER WITHOUT WRITTEN PERMISSION OF THE $ too 0 2a0 aa0 A REAL PROPERTY TAX SERVICE AGENCY. -. 40 P 12A �1 D6it�'T NO 1000 PROPERTY MAP ' COHVERSWN DATE: — TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying?1 TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 965-1802 Planning Board approval FAX: (631) 765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 20 Mail to: Disapproved a/c Phone: 3 Expiration ,20 f Atildifm� is sp ctor i APPLICATION FOR BUILDING PERMIT Date 7200 b INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on.premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this,application-may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit ''. shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or inlpart for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required: APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or Regulations, for the construction of buildings., additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances!,building code,housing code, a d regulations, and to admit authorized inspectors on premises and in building for necessary';inspections. a (Signature of applicant or name,if a corporation) I 12�5°' S/3-L�r2r "t✓l�ti 1y1c�-�t 1��/ (Mailing address of applicant) 4:_17 31 � i State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder I Name of owner of premises ��y 9Atj 3,JS (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. !'!: Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: C2 10 0 cox gllt Rd MftT-F,rUJ-_ House Number Street Hamlet County Tax Map No. 1000 Section I Block I 'I Lot /0 Subdivision Filed Map No. Lot (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy LAm gr,Rxx - o,dTs Poo STad . b. Intended use and occupancy rk'cf-V o j - C 0;c 13AVWV4 x 00'rs'JO S7ZKAgrz 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work =- (Description) Estimated Cost Fee (To be paid on filing this plication) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. ��� r f � Dimensions of existing structures, if any: Front (- Rear (� Depth L/2 Height 19, Number of Stories / Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories Dimensions of entire new construction: Front r" ^ Rear Depth Height Number of Stories Size of lot: Front /S�, Ste/ Rear v? 3e), V!i2 Depth 2. / Yz�-s'/I 0. Date of Purchase Name of Former Owner T 1. Zone or use district in which premises are situated t 2. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 4. Names of Owner of premises .Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 5 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. i i 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. ,I TATE OF NEW YORK) SS: COUNTY OFF 9—TIA�) I _ �� being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, r-- S)He is the _ l'k ACC C' Contractor,Agent, Corporate Officer, etc.) o f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; at all statements contained in this application are true to the best of his knowledge and belief; and that the work will be erformed in the manner set forth in the application filed therewith. "Sworn to before me thi 3 day of %may 200 6 Notary Public Signature of Applicant THOMAS M.KERR JR. Notary Public,State of New York No.01KE6Ws721 i Qualified In Suffolk CVX)-? �misslon Expires Sept. I APPEALS BOARD MEMBERS Mailing Address: Ruth D. Oliva, Chairwoman � Ql0 Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon ^��Q Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l�1,0UM,�, 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD t Tel. (631)765-1809•Fax(631)765-9064 a October 18, 2006 J Mr. Paul Pawlowski Peconic Materials, Inc. 260 Cox Neck Road Mattituck, New York 11952 Re: ZBA File # 5940 — Peconic Bay Materials Dear Mr. Pawlowski: Please find enclosed a copy of the determination rendered by the Zoning Board of Appeals and filed with the Office of the Town Clerk for permanent recordkeeping purposes regarding the above application. Please be sure to contact the Planning Board for the next step in the site plan application process. I have provided both the Planning Board and Building Department with copies of the enclosed variance. Thank you. Very truly yours, - n Encl. ,111PL-Linda Kowalski Copies of Decision furnished 10/18/06 to: Building Department Planning Board N 1 � aer _ � t r• 44 41, r 4 • �• ..�• J.�. • arh -.t , _ - - to kt - y�' n apt:, �}h., r '4� _ �'• .�,r.�.'� _ t y N r � 21 ,ly y Ir 046 j.+ T [� if y y� rw ui .w �WY i � f ems.. : - •'°�_: "., .,,;;:`rat a ti., �, � »,. � � ,ka - , ,- m we'{ � ' � �� ��I W � Y' 0 I�������Yi�4�li•i��6I�� w '� 1� a �' ,+�yT"'s^J `��,� �j �I+k`'i y�i,W.i� .;�. :.. .N � ,�"�.r� 'Ir� ntiy ��IN tlu s i . is ill �� � ` �=�_ ,Airy: �'.'J r� 4�' 't_ .•�,� ,tT � 7r �;` S r �. �t� r` i IF �y 4".' t 'Mf" �� �. r `��,�� Y�;, 'i. yry�� .a,3r r !!' '• }51 i y•uu. � z *�" .mow- - Y�.� � .�,_. .a - j.. t w. R. 'r� I X46 tea• .b;y r , MOT �q,�,� Y } 'sty S - - '•r� • LY r �a f. .. '1 A�. c ! ! t A •L . 6 .. r Y fir, �{ •.' 1�. iF• ,•�. �'��'+r,/•�i_� ' � ***"` � �_ _ ,.�• � ,� ;��, -fir - �� � - � �`,few -��� �```��'' r r•� � � •. "� , � i t r��' 7•�' `.. :..� y � ',` wY�`' mil'�,�w�1.�'i��.. ��.S�• ���fi�s' - J.Y tL A rCe- E -R 260 COX NECK ROAD MATTITUCK,NEW YORK TELEPONE 631-298-0414 FAX 631-298-0415 patilp@i-ecessmatiagemeiit.com July 5, 2006 ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 RE: C.O. Z-30572 For your review are the following: 1.Application(and six copies) Environment Assessment Form ZBA Questionnaire JUL 7 11 06 2. C.O.no.Z30572 dated November 11, 2004 1� 3. Original survey and six copies JUL 2006 4. Contract of sale for 260 Cox Neck Road Property. 5.Picture map detailing 8 sight pictures of property 6. Check number 1148 for$400.00 LzoNING poAall t Reflecting Nature Landscaping and Peconic Materials have provided landscaping services to our customers together for over eight years.Peconic Materials is assuming ownership of this property and request a special exception for contractor use..However,Peconic Materials is not looking for relief from the limitations&restrictions outlined in previous variances. S lic e jr , r hn me APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant; A ...to , � ��� Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: o n A 1I. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: - ,7 q A\ s� Proposed increase of building coverage: p tl Square footage of your lot: 4-7, :7(„C) -.2n r,� Percentage of coverage of your lot by building area: _/g 7 V. Purpose of New Construction Requested: n VI. Please describe the land contours (flat,slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): 42 1A Please submit seven (7) photos,labeled to show all yard areas of proposed construction after staking corners for new construction),or photos of existing building area to be altered(area of requested changes). 7/2002; 2/2005; 1/2006 LAND NOW OR FORMERLY OF R.OBERT ADAMSON &, DIANE ADAMSON S 21 .2�'10" E �8.11 ' ROBAN -S ; 23056,!,,l ` E:, 149.87' _ - DIRT & GRAVEL PARKING AREA ` I\ CV 4 s' LOT PIVE7 10 j LL SANI iARY $ W_SEPTIC " Ij\ ENCLOSED N METAL N STORY VENT �5 ANK O FUEL N } I TANKS BUILDING e p __ p _FE 0-0 7ep ELECTRIC METER14 25' 60 2' LEACHING POOL = � SKIP LAURELS 7 CEDAR J TREES O I LAURELS 7'+ �12 0 BIIUMINOOS DRIVEWAY m I 00\` O BLOCK CURB DECORATIVE 7 � GRASSES_ � L��O BIRF�CH�11 SPIPE- TAND _ DRIVEWAY / 5 o.®O� e i r, t DRIVEWAY �_L.�--_may.-.... • y ¢} -54" � J i • DOUBLE YELLOVY.F�t -LiNL- XS [ {•. 0H OH H .- - OH OH ar OH -_ /.__ -- - _ OH OH II � NEC"DiK R CDR A D 0 NOkE: 1. LOT AREA = 47,760 SQ. FT. OR 1.10 ACRES. CONCRETE �- TREE LINE/EDGE OF WOODS -- GUY WIRE q� REBAR FOUND STAKE FOUND MONUMENT FOUND :)OCGOO HEDGE ? ' TREE I ❑— STOCKADE FENCE — S SANITARY LINE TRANSFORMER ON CONC. / The utfsets or dimensions sho.vn from the structures to the property lines are for a specific purpose and use �n ere to guide In the erection of fences, retaining waits, pools, patios, planting area, oddltlons to buildings and any other cone Conditions not shown .a manta. R.q,,__.f-way of Record, If any, nor show P,opmty n Ants w not PI—d a a port of t„s 9 1 . CKY *d w r: �3 .�q` � - 'fie t fi. ,' �', �k �>�� fi�� r �,� � � }µ� „�+�,'• �, y: . s , i n�!`..,..,�`A°',� a�lF ,.. .�.. '"� .Gr;C.+�,..^{�• 8 ,�, tio-. ;M, ° pi+a t • Q - •* ice"p "�w�w�S'�WrM„y�a."`�,."'.,+.."'.-,... � � ..,. 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I '�' � �k tl�. _ k � &'k:�' R ♦ >l hey �` � � ; y,. s... - 9p;i.Y ,y � .y, •4 �yy t ,...M'�` i� .� � •� i 4 ft � yi y,.�."'�V.. *1"� a,S"' s xs�`• kalL( `5�(' �'�; - � as,y ,� r .x R k.. . � � '•� '.1 '74 �y ! .p ire w Ic 21 W • n �,. 1 77 ' k 1 s F a � rl{ a s`. y ' ' E' * y _-�'_v' '" ,� _ • � _f°..-,+� - ,: - x '+�F.!„* if .!' ,i A .-,y- _ r. 1 i• � �. �.�_ �" ,,„,tom .�°�` '� ��� �,��, � :.. ..,�.w,._ ... ¢.�, � �., ,�; .. .: =_ .: - ',� t' ;J y �'^ �. i �` .. .., ...:_ „n ,.., .,, .„ r,�:, ,. � .... ,.. ,.: ,. • FORM 140- 4 T4wN OF SOUTHOIAD BUXLDING UEPARTKMT Office of the Building inspector Town Hall. Southold, N.X. C39TIFICATE OF OCCUPANCY go: Z-30572 Date: 11 19/03 TBxS 0MtPjXS that tba hsaild9nq NEW BUILDING Y,ocation of p=pewty. 250 COX NECg RD KhTTxTUCK (DOUSE NO.) (STREET) (tAr[UST) County Tax leap No. 473889 .Section 113 _ Block 14 LCt 10 Subdzvigion Filed Map No- Lot go. conforms substantially to the- Application fox Building Permit heretofore filled in this office dated 0=013ER 31, 2003 pursu=t to which R„aid;na pe=J-.t o, 2.4928-Z dated DECEMBER 8 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The accnpantey for which this certificate is issued in ONE 57CORY METAL. STORAGE BUILDING AS AM= FOR AND AS PER CONDITIONS op MA t 5 3 G5 DATED 9 11 03, LAND AS PER PLANNING BOARD 'APPROVALS The certificate is i&6"d to PAUL PAWLOWSKI (OWNER) of the aforesaid building. SUMIJC COUNTY DEPAYLT 4WT OF MaLTA ApPRoVn Cie-02-0 01 h o B 0 0 4 VIEC RICAL CXR-TIF1CA= NO. 4032 09/19104 PXMMERS CEZZIFICATXON DATED 07 29 04 BERTSAND PLCyMB.&HEATING u o zed fignature Rev. 1/81 910/9002 Q1.1duk PH PUMSON UVA M0I9 M IVA MF IM 9009 IT/L0 FORM NO. 4 � TOWN OF SOU HOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: ZZ-30572 Date: 11/19/04 THIS CERTIFIES that the building NEW BUTLOING Location of Property: 260 COX NECK RD _ MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax trap No. 473889 Section 113 Block 14 Lot 10 Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 31, 2003 pbe.MAant to which Building Permit No. 29920-Z dated DECEMBER 8, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE STORY METAL STORAGE BUILDING AS APPLIED FOR AND AS PER CONDITIONS OF ZDA #5365 DATED 9/1.1/03, AND AS PER PLANNING BOARD APPROVALS The certificate is issued to PAUL PAWLOWSKI (OWNER) of the aforesaid building. S"VOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-0 2-0 014_ 0 8/0 6 04 ELECTRICAL CERTIFICATE NO. 4032 09/19/04 PLUMtR.S CERTIFICATION DATED 07 29 04 BERTSAND PLUMB.&HEATIN'G u ox zed ignature Rev. 1/81 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? 0 Yes /,No B. Are there any proposals to change or alter land contours? , ❑Yes Po C. 1) Are there any areas that contain wetland grasses? -d) 2)Are the wetland areas shown on the map submitted with this application? �p 3)Is the property bulk headed between the wetlands area and the upland building area? 00 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ,t) D (If not applicable, state"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? A ,® (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? A)0 If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel ( �, " d-® and proposed use AutlMrized Signature and Date APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide infonnation, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply,) Tax Grievance Variance y Change of Zone Approval of Plat Exemption from Plat or Official Map Other X If"Other", -S ° ° name the activity: ,2. )PA 4��4 Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t 's }7 a of -TL) �( Signature: Print Name: PROJECT I D NUMBER SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1 Applicant/Sponsor 2 Project Name : e ' AUA��s 4�\C' 3 Project location: Municipality County 4.Precise location(Street address and road intersections,prominent landmarks,etc.or providema11p) 5.Is proposed action: ( )NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Desc be project briefly: >�A,t> 14')457 7.Amount of land affected: Initially: acres; Ultimately: acres c 8.Will proposed ac Ion comply with existing or other exisflng land use restrictions:(.)YES ( )NO if No,describe briefly: 9.What Is present land use in vicinity of project:(describe): ( )Residential ( )Industrial (A Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action Involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? (P YES ( )NO 1�If Yes,list agency(s)and permit/approv als: 1 /e���,,,n, b.0 ��„©V� 1-ap�•Yf� @�' ��EE,lArlv —♦ ��G�61�1 ��c��/� f 11.Does any aspect of the action have a currently valid permit or approval? ( YES ( )NO If Yes,list agency(s)and ermit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? (%1,4 YES ( )NO If Yes,list agency(s)and permit/approvals:-7— I certify that the Information provided above is true to the best of my knowledge Applicant/Sponsor Nam Date: �� Signature: If the action Is in the Coastal Area, and you area state agency, complete the Coastal Assessment Form before proceeding with this assessme NY ooll-CONTRACT OF SALE NYSLTA S041(ReV.1 t176) WARNING: NO REPRESENTATXON IS MADE THAT THLS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN ENGLISH"),CONSULT YOUR LAINWR BEFORE SIGNING ff. NOTE:FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the tide closing.Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply,One part ofthat law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. DATE. CONTRACT OF SALE trade as of the 8f day of >Tf.�7 in the year 2006 BETWEEN PARTIES: Paul Pawlowski Address:260 Cox Neck Road,Mattituck NY 11952 hereinafter called"SELLER",who agrees to sell; and John Conte 1215 Address:-M4 Saltaire Why,Mattituck NY 11957, hereinafter called"PURCHASER who agrees to buy the property,including all buildings and improvements thereon(the PREMISES: "PRENESES"),more fully described on a separate page marked"Schedule A,"and also known as: street Aetirm:260 Cox Neck Road,Mattittrek NY 11952 Tax Map Designation:Dist:1000 See: 113.00 Block;14.00 Lot: 010.00 Together with SELLER'S interest,if any,in streets and unpaid awards as set forth in Paragraph 9. PERSONAL The sale also includes all fixtures and articles of personal property attached to or used in connection with the PREMISES. PROPERTY: unless specifically excluded below.SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S).They include but are not limited to plumbing,heating,lighting aadraelciug f�t?ittt6ia,ba[hI00m 1a1��IG'Iie11•C:1bs7S.l�aitm[crf��Tnri4YBr5,YBfRevan�I1nEl5,Ehndbbt$.ei�A&rSWaigg!'i7�.�im 1uin.7nu+c shrubbery,fencing, •a.-..r—t..�.^ :.;Tot air ALL"AS IS". Excluded from this sale are:Furniture and household furnishings, PURCRASE 1.(a)The purchase price is S700 000.00 PRICE: Payable as follows: On the signing of this contract,by check subject to collection: S 5,000.00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By it Purchase Money Now and Mortgage from PURCHASER(or assigns)to SELLER- $ BALANCE AT CLOSING: $69 5,00 Rw00 (b)If this sale is subject loan EXISTING MOkTOAGE,the Purchase Money Note and Mortgage will also provide that it will remain subject to the prior hen of any STING MORTGAGE even though the EXISTING MORTGAGE is extended or modified in good faith,The Purchase. ney Note and Mortgag.e shall be drawn on the standard form of New York Board of Title Undenvrinets by the attorney SELLER.PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fee in the amount of for its preparation, (c)If any required payments are made on an EXISTING ORTGAGE betty n now and CLOSING winch reduce the unpaid principal amount of an EXISTING MORTGAGE bel the amount sho n in paragraph 2,then the balance of the price payable at CLOSING will be adjusted.SELLER aotrrees tit the amount shd�vn in paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAG ll be made. (d)Ifthereis11 mortgage escrow account thatis maintained forthepu eofpaying taxes Orinsuranee,etc.SELLER shalI assign it to PURCHASER,if it can be assigned.In that event PURCHA shall pay the amount in the escrow account to SELLER at CLOSING. 9I0n002 UI1JUR pue puUJISoy ue1 tI�0t9ZI£9 IVA ZO:gi IM 900g/tI/10 I� EXLSTING 2.The PREMISES will be conveyed subject to contanuing hen of'TXISTING MORTGAGE(S)"as follows: MORTGAGE(S): Mortgage now m the unpaid principal amount of$ and interest at the rate of per cent per year, presently payable in installments of$ which include principal,interest,andwith any balance of principal being due and payable on SELLER hereby states that no EXISTING MORTGAGE contains an vision thatpernuts the holderof the mortgage to require its immediate payment in full or to change any other term thecco reason of the fact of CLOSING. ACCEPTABLE 3.All money payable under this contract unless otherwise specified,shall be either. FUNDS: a.Cash,but not over one thousand($1,000.00)Dollars, b.Good certified check of PURCHASER,or Official check of any bank,savings bank,trust company,or savings and loan association having a banking office in the State of New York,payable to the order of SELLER,or to the order of PURCHASER and duly endorsed by PURCHASER(ifan individual)to the order of SELLER in the presence of SELLER of SELLER's attorney. c.Monty other than the purchase price,payable to SELLER at CLOSING,may be by check ofPURCHASER up to the amount five hundred-- 000.00-• )dollars,or d.As otherwise agreed to in writing by SELLER or SELLER'S attorney. "SUBJECT TO" 4 The PREMISES are to be Transferred subject to: PROVISIONS: a.Laws and governmental regulations that affect the use and maintenance of the PREMISES,provided that they am not violated by the buildings and improvements erected on the PREMISES. b.Consents for the erection of any structures on,under or above any streets on which the PREMISES abut. c.Encroachments of stoops,areas,cellar steps,trim and cornices,if any.upon any street or highway. TITLE 5,SELLER shall give and PURCHASER shall accept such dde as COMPANY given by any reputable title company ,amember chid firmtle of title p Rate APPROVAL: Service Association,Inc,will be willing to approve and insure in accordance with their standard foem of title policy, subject only to the matters provided for in this contract. CLOSNG 6."CLOSING"means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DE-WWAND including the payment of the purchase price to SELLER,and the delivery to PURCHASER of a FORMtOrDEED: bargain and sale deedw'ith covenants deed in proper statutory form for recording so as 10 transfer full ownership(fee simple title)to the PRIiIIUSES,free of a1I encumbrances except as herein stated.The deed will contain a covenant by SELLER as required by Section I3 of the Lien Law. If SELLER is a corporation,it will deliver to PURCHASER at the time of CLOSING(a)a resolution of its Board of Directors authorizing the sale and dehvery of the deed,and(b)a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Businm Corporation Law.The deed in such case shall contain a recital sufficient 10 establish compliance with that section. CLOSING 7.CLOSING will take place at the office of Van Nostrand&Martin or lendin institution DATE at o'clock on or about: JIme'30, In the year 2096 AND PLACE,: BROKER: 8.PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than NONE and SELLER agrees to pay the broker the commission earned thereby(pursuant to separate agreement). STRLETS AND 9.This sale includes all of SELL.EWS ownership and rights,if any,in any land lying in the bed of any street or highway, ASSIGN1fENT opened or proposed,in frontoforadjouungthePREMISEStothecenterlinethersof.ItalsoincludesanyrightofSELLER OF UNPAID to any unpaid award by reason of any taking by condemnation andlor for any damage to the PREMISES by reason Of AWARDS- change of grade of any street or highway.SELLER will deliver at no additional cost to PURCHASER,at CLOSING,or thereafter,on demand,any documents which PURCHASER niay require to collect the award and damages. MORTGAGEE'S 10.SELLER agrees to deliver to PURCHASER at CLOSING a eertificare dated not more than thirty(30)days before CERTIFICATE CLOSING signed by the holder of each EXISTING MORTGAGE,in form for recording.certifying the amount of the OR I,1:'I"I'ER AS unpaid principal and interest,date of maturity,and rate of interest. TO EXISTING MORTGAGE(S): SELLER shall pay the fees for recording such certificate.If the holder of a mortgage is a bank or other institution as defined in Section 274-a,Real Property Law,it may,instead ofthe certificate,famish an unqualified Ietter dated not more than thirty(30)days before CLOSING containing the same information.SELLER hereby states that any 1XESTING MORTGAGE will not be in default at the time of CLOSING. COmIPLIANCE 11 a)SELLER will comply with all notes or notices of violations of law or municipal ordinances,orders or requirements WITH STATE noted n or issued by any governmental department having authority as to lands,housing,building,fire,health and labor AND MUNICIPAL conditions affecting the PREMISES at the date The PREMISES shall be transferred fret of them at CLOSING and DEPARTMENT this provision shall survive CLOSING.SELLER shall famish PURCHASER with any authorizations necessary to make VIOLATIONS the searches that could disclose these matters. *of OZOSing, AND ORDERS: 0 OMIT)F THE PROPERTY IS NOT IN THE CITY OF NEW YORIC: INISTALLvf= I2.If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual ASMSSMENTt installments,and the first installment is then a lieu?,or has been paid,then for the purposes of this contract all the unpaid installments shall be considered due and are to belpaid by SELLER at CLOSING. 9TOi�00�j uTIJUR pee puealsq ue,� vT£0t9zlEq IVA Z0:ZT INI 90OWT!10 SCHEDULE A DESCRIPTION OF PROPERTY 1000-113.00-012.00-01.0.00 , . ALL that certain plot, piece or parcel of land, situate, lying-and being at Mattituck, Town of Southold, County of Suffolk and 8tat4 of New York, known and designated as Lot No. 10 on a certain map entitled, "Map of Heritage Harbor' situated in the ' Town of Southold, Suffolk County and filed in the Office of the Clerk of the County of Suffolk on September 18, 1979 as Map No. 6853, BEING AND INTENDED TO BE the same premisdese o were conveyed 10 the k County of the first part by deed dated July 9, 1985 Clerk's office on July 25, 1985 in Libor 9838 page 192. �r Pa m o -v•�, � res .- N� rrnn v N W C+ 9I0/�00� QTjdVK pot; put SON URA M4 RIN IVA UT INS 90091T!t0 "No Now W rop4mLyaFl�BfRfl[AAAffQI�JZ c S 2avolle E -- M, 'is �7 Lo - ft P: .. V- N t arasv.olPPnPuo .3, u1F + 1 CAM LOT as aO _ LOT !a O � 04 TMCCM. a— MALM O Ld s. + V 1- rn - +oY. �,ayefi Gz. +... ., +..- M 22'i3'30' CJ _ Ufa w+�li Cox NECK ROAD TAX M'V'MM pffFF=COO MOnOPL 110 KCQC M LOT A �•�•�f/rM 4 a1 Barrett,Bonacci L!lElLflvp 1a�[t76: , VanlVeele,M 0011[RCTE CURD •'. .'.r.'T .ooNCR[tt f:LOT AgEI.a 47.7e0 sO.{7.OR 1.10 MACS, i — — oRop eU48 t'Y'yy} TF=utiwAmpOC Or YP0003 2 AEVAMNS AEIFA NOV O41UL1, [M17 EWL�EEy9AE:EIOFSDU��tiSRS S.WT NL4ABEAS SNO4nJ J1Elat TO AAP OC iiEPoYAOE MMBOT, l5!!AC®lvuDtrv,Nupprye,3 lO!L EDGE!CA iJLLEA1Filf >— 6UY W47E F7LEp SCPrM8ER 19,1078,AS JXE}U OO.S•T� TE1.691fUYJ777 PA7 IMU-T122 „ —CH— ONANUA WAES O ROAR MMO y �Oyy6i , STF UGTLWE-NfETEA S`MS S1•n•WAS PAEPARM NOR A SFECITV PURP05EJWO B' A STAID mmo AS NOT INTCNOEO FOR Awr OpfrA PU1P05r. L -i w rr..�rw NYG66Nr WONLAMO rOUNo �; _ PROPERTY ��' � :MTUATE sigo TRCC :•�: MATTtTUCK a, UrUTr Me —e—.— STOCvADC FEND[ ;�.?TOPf@OTmm Or CLR9 ♦,Gi7 SPOT ELEVATION YJI .`�,fJ�j' INCI MAiCR YKYE —6— $17i1TiAY LriE HAL' a o • ,„ ' SURVEY - �r— WAl:4 S.ERN.CE gT� TRAAS'ICRMER O7!dOAIG • .�..�� 1x�M1n.rfLa.,iu. Pam t.t.n• • r.e.M1�IY.�T Ir,iMHO P+pp .W.E/.pr.[ra W rol i !N 'M imN .. _ j• - _•____• __ —_ 1i611a MIMI lM+a nbN•..afa P�..al W.q W, a wtltlNa 1..aa8• u.YCIA SGb — 'a•��'• �OR� uY i]POi 1'+ AQ71W0 RIDER TaCOIVTRACr OF SALE SELLER: PAUL PAWLOWSKI PURCHASER: JOHN CONTE DATE: "7vA.E 2006 1. Premises: The premises to be conveyed hereunder are known as and by the street number 260 Cox Neck Poad Mattituck NY 11952 2. Subject To: Said premises are sold and are to be conveyed subject to the following additional provisions: a. subject to any state offacts an accurate survey may show,provided same does not reader title unmarketable; b. subject to building regulations,covenants,utility easements,restriodons,•reservations and agreements of record,provided the same do not prohibit the maintenance and/or use of existing structures. septic and mechanical 3. Condition of Premises: Seller represents that the plumbing(heating and electrical systems shall be in working order and the roof free of leaks at the time of closing,or,in the event Seller is allowed to remain in the premises subsequent to closing,then at the time of possession However,this oovw=t shall not survive the closing of title or delivery of possession,whichever is later. 4. Objections To Title: The Purchaser shall notify the Seller of any objectiops of title,and the Seller shall be etmdded to a reasonable adjournment of the title closing date in which to cure such objections. Nothing herein contained,however,shall be deemed to obligate the Seller to undertake any actions or other proceedings to cure title defects,and in the event,for any xeason whatsoever,the Seller shall be unable to deliver title to the premises as herein specified,the sole remedy of the Purchaser will be to accept such title as the Seller shall be able to deliver without abatement in this agreement or receive a refund of the contract downpayment made hereunder,together with the net charges actually charged to the Purchaser for the examination of title,without insurance,bylrsa title company which is a ebmiierof the Board ofbT UndMeers�a�e of durchasSer tsemState o tgage dark. u zn no evenyon commitment expiration? !� .x ____�,,_�_ 5, Purchaser's R esentations: "P F --- -. •per ym. Purchaser represents that,to the best of the Purchaser's knowledge,there are no outstanding judgments or tax liens filed against Purchaser and also that Purchaser has never filed a Petition under any of the)Bankruptcy laws of the United States, Purchaser also represents that Purchaser has assets in an amount sufficient to complete this transaction including the payment of all closing costs,as well as the balance due for purchase price over and above the mortgage to be obtained hereunder, Purchaser further represents that Purchaser is a citizen of the United States or has proof of permanem residency in the Untied States such as a"Green Card." Purchaser is advised that Seller is entering into this Contract in reliance upon the aforementioned representations and that any breach thereof shall be considered a material and willful default hereunder. 6. Possession: The Seller agrees to deliver the premises broom clean and vacant at the time of closing, escrow/possession agreement, In the event Seller remains in on subsequent to closing,then all adjustments shall be computed a of possession. lie Seller shall deposit$1,000 with his attorney to ossession,out of which$100.00 per day as and for use and occupation paid to the Purchaser for each day that the Seller overstays the agr r vacating the premises. �►djustment shall be made at the Closing for 9IO/9002 QTIRK PH pllRMON ue, tM99HO M WIT IM 900ti1n la r� 7. Acee tance of Deed: The acceptance of the deed by the Purchaser shall be deemed full performance and discharge of every agreement and obligation on the part of the Seller,except those,if any,which are herein specifically stated to survive the delivery of the deed. S. Temuites: The Purchaser,at his&er own cost and expense,may cause an inspection for wood infesting insects of the premises(exclusive of fences,sheds,coal bins and retaining walls). In the event active infestation or structural dmnage is found,a copy of the report issued by the termite company shall be mailed to the Seller's attorney within TEN(10)days from the date a fully executed copy of this contract is received by Purchaser's attorney. Upon receipt of such notice,the Seller: (a)may treat the condition and repair any structural damage caused by active infestation resulting therefrom at his/her own cost and expense;or (b)may terminate this contract by refunding the downpa)ment hereunder to the Purchaser, whereupon this contract shall case and terminate without further liability on the part of either party to the other. In the event that the Purchaser shall fail to have the premises inspected or fail to serve said written notice on or before the date provided for above,the Purchaser shall be deemed to have waived the provisions of this paragraph and that agreement shall remain in full force and effect. tr P ers may at their own expense have 10 days from the date a fully executed copy of the contra . received by Purchaser's attorney to inspect or have a risk assessment conducted by a certified any for the purpose of determining lead-based substance on the premises. In the event lead-b d substance is found,a copy of the results of the inspection and/or risk assessment shall be 'tied to the Seller's Attorney within 20 days from the date he hereof. Upon receipt and review 'd report by the Seller's Attorney,the seller may do one of the following: a)eliminate or r e lead•based substance using certified or licensed person in which event the purchaser agrees ontmue with the contract; b) terminate contract by refunding the sums paid hereunder by Purchaser and refund the down payment herein, whereupon this contract shall cease and t ' to without Rather liability on the part of either party to the other);or c) Seller and Ptrc shall mutually determine the terns under which sale will or will not proceed. in the event that the Purchaser shall fail to have the premi inspected or fail to serve said written notice on or before the date provided for above,the aser shall be deemed to have waived the provisions of this paragraph and that agreement sh remain in full force and effect. This agreement is subject to the execution by all pasties and their agents of a prate Rider disclosing infonmation,on lead-based paint and lead-based hazards. 10.AssigMent: This contract may not be assigned by the Purchaser without the written consent of the Seller. 11.Repairs;. Seller shall not be required to make any repairs or alterations or expend any monies or bring any,actions or proceedings regarding the premises in any court or before any administrative body. 12,Mortgage Con' aency: (a) This contract is subject to and conditioned upon the Purchaser obtaining at his/her own cost and expense,a firm commitment for a SONYMA/CONVENTIONAL mortgage on said premises in the suns of not less than $ 700 ,000.00-- amortized over a period of 25 or 30 years,with interest at the prevailing rate at the time of commitment or closing,whichever is higher. (b)-Purohaser shall have until 45 days from the date a fully executed copy of this contract is received by Purchaser's attorney to obtain a firm commitment for said mortgage loan. If 2 910/600 UTVVI pie pueaISoy ueA MOMIN IVA tO:ZI INI 900W1.1 0 Purchaser is unable,aft diligent effort,to obtain said firm oommaitraent within such time,then either party may cancel this contract by written notice to the other party or their attorney,and upon refund of the downpayment hereunder to the Purchaser or their attorney,this contract shall cease,terminate and be null and void without further liability on the part of either party to the other. (e)The Purchaser agrees to make a truthfhl application for such mortgage financing to a lending institution within seven(7)days from the date a fully executed copy of this contract is received by Purchaser's attorney to diligently pursue same. Purchaser agrees not to take any action that would adversely affect his/her ability to obtain the mortgage loan. Purchaser agrees,upon request,to keep Seller or Seller's agents informed of the progress of his application,to complete all forms required by the mortgage lender and to use his/her best efforts to obtain such commitment within the time provided above. A copy of said commitment shall be forwarded to the Seller's attorney by Purchaser promptly upon receipt of same. Purchaser hereby authorizes the lending institution to release all information to the Seller needed to verify compliance with this Contract and agrees to sign any release form required by the lender for release of said information. (d)In the event the Purchaser is denied a mortgage or is unable to obtain a written commitment after the expiration of the time provided for in(b}above oczmp-�7 totaling thirty(30)days,the Seller,at its sole option,may then seek to a mortgage commitment for the Purchaser at the same terms as set fo F. Purchaser agrees to fay cooperate with Seller,apply as directed t mg institution or licensed mortgage broker chosen by Seller within fxv ys,and pay all costs in connection with said application. In the ev a written mortgage commitment is not issued within 45 days fro Seller sends vaitten notice to the Purchaser exercising the option, (e)In the event Purchaser presently owns a home,Purchaser is hereby advised that the Seller will not condition the within sale upon the sale of such home. commitamieat received hereunder shall be considered a ,even though it contains a condition re o urchaser's home prior to mortgage closing. (f) If the Purchaser's lending institution has an office for closing mortgages within the Counties of Suffolk or Nassau,the closing shall take place within either of said Counties. In the event that Purchaser chooses a lender who will only close outside of the aforementioned Counties,the Purchaser agrees to reimburse Seller for additional legal fees paid to its attorney as follows: 1. Queens - $250.00 2. New York - $250.00 3. Kings - $250.00 4. Richmond - $250.00 5. Westchester - $250.00 6. Bronx - $250.00 (D)In the event that the mortgage referred to herein is approved by the proposed mortgagee in a lesser amount than set forth in this contract,the Seller shall have the option to reduce the selling price in the exact amount of the difference between the mortgage granted and the mortgage provided for herein,to the effect that the cash investment ofthe Purchaser shall be the same amount as originally contemplated in this contract. In the event the Seller exercises said option,the Purchaser must accept said reduction and shall consummate the transaction on the altered terms.provided that is acceptable to the - mortgagee, account prior to the commencement of the Closing. If the CI s ninety(90) minutes due to the failure of the lend to aser shall pay to the Seller's attorney the s per our(apportioned)until certified cheeks are received by 3 9TO/oTq QTJJUJ put pueaJSON uek 6ig069vi£9 IVA 90:Zi INJ 90OZ1111!0 (i) The following relates only to contracts subject to FHA MORTGAGES: "It is expressly agreed that,notwithstanding any other provisions of this contract,the Purchaser shall not be obligated to complete the purchase of the property described herein or to incur any penalty for forfeiture of earnest money deposits or otherwise unless the sellers have delivered to the Purchaser a written statement issued by the Federal Housing Commissioner setting forth the appraised value of the property for mortgage insurance purposes of not less than S ,which statement the Seller hereby agrees to deliver to the Purchaser promptly if such appraised value does not establish sales price. The Purchaser shall,however,have the privilege and option of proceeding with the consummation of this contract without-regard to the amount of the appraised valuation made by the Federal. Housing Couunissionm" 0) The following relates only to contract subject to VA MORTGAGES" "It is expressly agreed that,notwithstanding any other provisions of this contract,the Purchaser shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the property described herein,if the contract purchase price or cost exceeds the reasonable value of the property established by the Veterans Administration. The Purchaser shall,however,have the privilege and option of proceeding with the consummation of this contract without regard to the amount of reasonable value established by the VA." 13.Mort a and Bank Fees: (a) The Seller shall not be responsible for or be obligated to pay, in whole or in part,any expenses,fees,discounts or other charges incurred in obtaining a mortgage in connection with the perfomance of this Agreement. (b) Any transfer fee or other charges by the bank in connection with changing of records for the mortgage assume8 herein shall be paid by the Purchaser. 14.Accei table Funds at Closin : It is understood that the Seller will not accept at the time of closing,any endorsed checks or third-party checks. All checks,except as provided in Paragraph 3 c.of the printed Contract,shall be certified or bank checks. All checks presented at the closing shall be made payable to the Seller directly,unless advice to the contrary is given to the Purchaser, 15_Cancellation of Contract: (a) It is agreed and understood that in the event of cancellation of this contract,as indicated elsewhere herein and refund of the monies paid on account of this contract,this contract shall become null and void and the lien created relating to monies paid on account of this contract shall also be,null and void and the Purchaser will then no longer have any lien whatsoever on the property heretofore meationed. (b) In the eVeMt,for any reason other than specifically authorized In this contract,the Purchaser cancels such contract,the parties agree that the amount paid on account of the purchase price,as indicated above,shall be considered liquidated damages and may be retained by thA oiler in addition to any other remedies available for breach of a contract for the We of real property. This in no way shall be construed as a penalty clause. 16.Escrow Deposit- The downpayment herein,if paid to Van Nostrand&Martin,as escrow agents,shall be held by Van Nostrand&Martin in escrow in a separate account located in Long Island Commercial Bank,IsIaudia,NY,with interest,if any,being allocated to the patty entitled to the escrow deposit,At the appropriate time,as per the following,said escrow agent shall remit such payments to the party then entitled thereto. Said escrow agent shall act with respect to such payments as a stakeholder only and without compensation and shall not be liable for the payment of any interest,court costs or expenses in any action that may be brought to recover the monies held in escrow unless the escrow agent shall fail or refuse to pay over any such monies pursuant to a judgment;order or decree that shall be fmal beyond possibility of au appeal. (a) The downpayment,if paid to VAN NOSTR.AND&MARTIN,as escrow agents,is held under the following conditions until the earlier of the following: (i) The delivery of the deed herein;or (ii) such time as a purchaser may be entitled to a refund thereof,or (ii i) 4 9i0iIiD� U11,101 PUB PUUJISON URA MUM" TVA WN INS 900931!1l0 such time as the Seller may become entitled thereto by reason of the default of the Purchaser. (b)In the event that there is a dispute between the parties regarding entitlement to the downpayment,the Escrowee,upon written notice of said dispute by certified mail,shall continue to hold said downpayment in escrow for thirty(30)days from date of said notice. If the Escrowee does not receive written notice from Purchaser in that thirty-day period that the Purchaser has commenced an action in the appropriate Court of competent jurssdiction and has obtained an index number,the Escrowee,upon five(5)days written notice to purchaser,may release the downpayment to Seller. If an action has been commenced,the Esorowee shall have the tight to continue to hold the contract deposit in ' escrow or to pay the contract deposit into court pursuant to relevant statute. (c) Provided the Escrowee acts in good faith and in compliance with the terms of the Contract,he/she shall,upon doing so,be fully released from all liability and obligations with respect to the contract deposit. The parties agree that said l:scrowee is acting as a stakeholder and agree jointly to defend,indemnify and hold Escrowee harmless from any ensuing litigation between the parties or other persons claiming an interest in the contract deposit. (d)It is further agreed that the Escrowee may act as the attorney for the Seller in any lawsuit. 17.'frith in Heating Law: Purchaser acknowledges that,under Section 17-103 of the Energy law of the State of New York,commonly known as the Truth in Heating Law,he,has a right to a summary of the heating and/or cooling bills or a complete set of such bills. purchaser herein waives his right to copies of such bills or to a summary of such bills and acknowledges that he has not requested them in connection with this matter. 1$.Certificate of Occupancy: (a) At or prior to the closing of title,the Seller sbalk deliver to the Purchaser a copy of Certificate of Occupancy and/or Certificate of Existing Use for the premises as it presently exists,excluding decks,fenee9;shrubbery,retaining walls,sheds and above-gromrul swimming pools. The Purchaser shall supply to the Seller a new survey or a title company inspection report for any existing survey if required by the municipal Building Department in order to issue said certificates. In no event,however,shall Seller be required to bring any variance or change of Zone proceedings if the same may be necessary to secure -any of said.certificates or letter,or expend any money other than an application fee to obtain said Certificate of Occupancy or Certificate of Existing Use. (b) In the event the same cannot be obtained by the Seller without bringing said proceedings, the Seller shall have the option to cancel this contract and return the contract downpayment to the Purchaser,and neither party shall have any further liability to the other. The Purchaser,however,shall have the right to elect to proceed with the purchase regardless of the production of said certificates or letter. 19.hider Terms Prevail: In the event any portion of this Rider is in conflict with any other clause elsewhere contained in this Agreement,then the terms of this Rider shall prevail- 20.Headings: The headings used herein are for convenience of reference only and in no way define,limit or describe the scope of this Contract and shall not be considered in the interpretation of this contract or any provision hereof. Condition Disclosure Statement pursuant to Axtiele 14 of aw prior to the signing by the Buyer of a bindin e, Buyer shall receive upon the transfer of title a dollars($500.00)against the agreed upon purchase price of s 9lOitiiDl� IITIJUI pug PUJISoV Mk tlntggi�9 Dd 90:'11 INS 90DZ;tI LD 22.Peconic Bav Region Transfer Tax: If applicable,Purebaser a to pay the Peconic Bay Region Transfer Tax at Closing. 0:;�c ., aj SELLER: PAUL PAWLOWSKI H,N���ONTE P CHAS SQ"i�o SS#: ...................................................... SS#: ..U. . .."S}!... ...................... SELLER: PURCHASER SS#: ..................................................... SS#: ............................................................. 6 9IOim QTIJUN pue PUJISON MA 6iEOMR9 U9 90:ZT IHI 90093113 SECOND RIDER TO CONTRACT OF SALE SELLER: PAUL PAWLOWSKI PURCHASER: JOHN CONTE PREMISES: 260 Cox Neck Road, Mattituck, New York DATE: �idwy �, 200E ,Rider to a certain Real Estate Contract for the sale and purchase of premises located at 260 Cox Neck Road, Mattituck, New York (tax map #1000 - 113 - 14 - 010) between PAUL PAWLOWSKI, Seller and JOHN CONTE, Purchaser. 1. CONFLICT IN LANGUAGE In the event of any conflict between the provisions of t o printed !`orm contract and Rider I, the provisions of this rider shall be paremounz and prevail. 2. The mortgage contingency contained in Rider I, paragraph 12 is hereby amended to allow the purchaser the option of app-ying a $520,000.00 first mortgage on the subject premises and a $175,000.00 loan against the purchaser's home, 3. The seller hereby represents that the seller has complied with al- of the requirements, conditions and restrictions of the Town of Southold Board of Appeals decisions and the Town of Southold ?fanning Board decisions with respect to this property. 4. The Purchaser shall be entitled to apply for a Special Exception Permit in ;.he Town of Southold to use the premises for the storage of excavating equipment and materials. Said application shall be undertaken by the Purchaser at Purchaser's Cost and expense. in the event that the Special exception Permit is not issued by the Town of Southold within 15 days of the date of this contract then the Purchaser shall have a right to cancel this contract of sale and receive a refund of all monies paid hereunder. PAUL PAWLOV;Sxl HN CONTE -1- 9IO TOE U11JUR pue puUJISON URA tTEOtgtii£9 IVA 90:1I INA 90011ti!!0 r APPORTION- 13.The following are to be apportioned as of midnight of the day before the CLOSING: trgmficralft MENTS: (d)Taxes,water charges and sewer rents,on the basis of thefraeaFperlod for which assessed.(e)Fuel-Wally, lien If CLOSING shall occur before anew tax rate is fixed,the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period of applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected.This provision shall survive CLOSIIVGr. WATER METER 14,If there beuaw�rtgeter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days before READINGS: CLOSING date andthe unfixed motor charge and sewerrent,if any,shall be apportioned on the basis of such last reading. ALLOWANCE 15.S)31 I ER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any ttnpaid FOR UNPAID taxes,assessments,water charges and sewer rents,together with any interest and penalties thereon to a date nut less than TAXIES LTC: f:vebusiness days after CLOSING,provided that official bills therefore computed tosaid date are produced atCLOSING. USE OF lb.If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,SELLER PURCRASE may use any portion of the balance of the purchase price to discharge it.As an alternative,SELLER may deposit money PRICE TO PAY with the title insurance company employed by PURCHASER required by it to assure its discharge,but only if the title In'1•VCUht- insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the ARANCES: PREMISES,Upon request made within a reasonable time before CLOSING,PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. AFFIDAVIT AS 17.If a title examination discloses judgments,bankruptcies or other returns against persons having names the same as or TO similar to that of SELLER,SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not JUDGMENTS, against SELLER. BANKRUPT- CIES., DEED 18,At CLOSING,SELLER shall deliver a certified check payable to the order of the appropriate State,City or County TRANSFER AND officer 1n the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the RECORDING deed,together with any required tax return.PURCHASER agrees to duly complete the tax rctum and to cause the check(s) TAXES: and the tax return to be delivered to the appropriare officer promptly after CLOSING. PURCHASER'S 19 All money paid on account of this contract,and the reasonable expenses ofexamination of the title to the PREMISES LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES.Such liens shall not continue after default in performance of the contract by PURCHASER. SELLER'S 20,If SELLER is unable to transfer tde to PURCHASER in acrordance with this contract.SELLER'S sole liability shall INADMITY TO be to refund all money paid on account of this contract,plus all charges made far:(i)examining the title,GO any CONVEY AND appropriate additional searches made in accordance with this contract,and(iii)survey and survey inspection charges. LIMITATION Upon such refund and payment,this contract shall be considered canceled,and neither SELLER nor PURCHASBR shaII OF LIABILITY: have any further rights against the other. CONDITION OF 21.PURCHASER has inspected the buildings on the PRE POSES and the personal property included in this sale and is PROPERTY. thoroughly acquainted with their condition.PURCHASER agrees to purchase them"as is"and in their present condition subject to reasonable me,wear,tear,and natural deterioration between now and CLOSING.PURCHASER shall have the right,after reasomble notice to SELLER,to inspect them before CLOSING. ENTIRE 22,All prier understandings and agreements between SELLER and PURCHASER are merged in this contract.It AGRL+EMENT: completely expresses their full agreement.It has been entered into after full investigation,neither party relying upon any statements made by anyone else that are not set forth in this contract. CHANGES 23.This contract may not be changed or canceled except in writing.The contract shall also apply to and bind the, MUST BE 1N distributees,heirs,executors,administrators,successors and assigns of the respective parties.Each of the parties hereby WRITING- authorize their attorneys to agree in writing ro any changes in dates and time periods provided for in this contract. SINGULAR 24.Any singular word or term herein shall also be road as in the plural whenever the sense of this contract may require it. ALSO MEANS PLURAL: 75. See Rider Attached In Presence of: Kr+t Conte 9i0i9i0 FIVER Piro PUISON URA ViEOMR9 IVA :ZI INA 900ti/F/L0 VSEArAV0WLEDGAMTF0RM8LLOWWrjWVNEWYORKSTATEONbY•• VSHAMOWLSOGMUFORbrBElAWWnWNNEw YOU STATE ONLY: State of New York,County of ]ss State ofNewYork,Conntyof )ss.t On the day of in die year On the day of in the year before me.the undersigned.personally appeared before me,the undersigned,personally appcared personalty known to me or proved to me on the basis of satisfactory personally]mown to me of proved to me on the baits of Satisfactory evidence to be the individuals)whale name(s)is(are)subscribed to the evidence to be the individual(s)whose name(&)is(are)subscribed to the within Instrument and acknowledged to me that helshett)tcy execawd within instrument and aeknowledgxl to the that helsite/they executed the same in histhedtheir capacity(ies), and that by his/her/their the same in his/her/their capaeity0es), and that by lusher/their signature(s)on the instrument,the mdividual(sl or the person upon signature(S)on the instrument,the mdividual(s),or the person upon behalf of which the individuel(s)acted,executed the i nstrument. behalf of which the individual(s)acted,executed the insmPeriL ACKNOWIEDGASEWPORMFOR USE WrMWXXWY0RSSTATEO:NxY: AMOWrM MENTFORMFORUSEOMMENEWYMSTATEONLy. fNnvYorFSuhuribiagWitnessAcknwledgrnentCerr{(=4 /Our ofS,areor Foreign GeneralAcM wledgmadCerift"01 State of NewYork,County of )sss ............. ................. ••• ...'... ...]sy (Camplere Venue wkh$late•Cawury,FrovNce or MunicipuRty) On the day of in the year before me,the undersigned,personally appeared On the day of in the year before me,tho undersigned,personally appeared the subscribing witness to the foregoing lnstrun=4 with whom I am personally known to rrie or proved to me on the basis of satisfactory say dint h acquainted,who,being by me duly sworn,did depose and ev denee to be the individual(-.)whosename(s)is(are)subscribed to the say that heJshr/they reside(s)in within insatilnent and acknowledged to ma that helshehhey executed (ifthrplaceofresldenceisinacity,tleWerhesrreettirrdsrreelramtbe, the same inhWhrxhheircapacity(ies).that byhis/herldwirsignarure(s) if any,there-op:that hel&he/rhey know(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the instrument;that said subscribing witness was present and saw said execute die same;and that said witness at the same time subscribed (Insert the city or other political subdrvision and the stale or country or hislher/their name($)as a witness tb=. otherplace the acknowledgmem ryes taken). CONTRACT OF SALE PWNENGLISH VEaSIon DISTRICT 1000 TIrLsNo• SECTION 113.00 PAUL PAWLOWSKI BLocx 14.00 LoT 010.00 COMTYORTOWN Suffolk TO JOHN CONTE RECORDED Fidelity National Tide Insmuce Company of New Yorit TURN DY.tilAlL TD FIDELITY NATIONAL TITLE INSURANCE COMPANY O1F NEVV YORk lNcoxroursol9td char da Fidelity KrrlwN.v7�S,ofe�7NlRAw lmlan W U tt D Y b 5O D w us w 0 ur rr w 6 In In z t- w w U9 W. 910/9102 Q11jew PUB PUMSON URA 6TE0mno IM LMT INd 900Z1fT.L0 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/18/06 Receipt#: 1148 Transaction(s): Reference Subtotal 1 1 Application Fees 5940 $400 00 Check#: 1148 Total Paid: $400.00 Name: Peconic, Bay Materials 260 Cox Neck Rd Mattituck, NY 11952 Clerk ID: MICHELLE Internal ID 5940 �OF S®Ur�, ELIZABETH A.NEVILLE ,`O ill Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER G @ Fax (631) 765-6145 RECORDS FREEDOM OF MANAGEMENT ION OFFICER �OIyCQU , s utho dt wn.north ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 19, 2006 RE: Zoning Appeal No. 5940 Transmitted herewith is Zoning Appeals No. 5940 of Peconic.Bay Materials -the Application For Special Exception. Also enclosed is a cover letter from John Conte describing the enclosed documents, a Notice of Disapproval dated June 8, 2006,Applicant's Project Description, Questionnaire For Filing With Your Z.B.A. Application,Applicant Transactional Disclosure Form, a Short Environmental Assessment Form, (2) copies of the Certificate Of Occupancy dated 11/19/04, a-Contract of Sale for the property, Rider To Contract Of Sale, Second Rider To Contract Of Sale, Amended Site Plan of the property, (8) color copies of sight pictures of the property, and a Picture Map detailing the sight pictures. r � FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8, 2006 TO: Peconic Bay Materials (Pawlowski) PO Box 30 Westhampton Beach,NY 11978 Please take notice that your application dated May 23, 2006 For permit for to convert an existing landscape contractor's yard to an excavation contractor's yard at Location of property: 260 Cox Neck Road,Mattituck,NY County Tax Map No. 1000 - Section 113 Block 14 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed use requires special exception approval from the Southold Town Zoningsite plan approval from the Southold Town PlanningBoard. oard. You ma__ now to these agencies directly. q Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA I � - LAND NOW CR PORK PLY OF R096Rf/ADA9W E ObU1IEADAW-ZU I i S 21 e25'10" E 88.11' '®'„" S 23*56'10" E 149.87' 4. over a rae.n a.mc.,P.aey .ze .a� / N Nejx 1312 EEE4 d / 2W LOT / W .ze b O / y LOT aaz 1 STORY °iN'ra' °.+ nc 40 .xr N METAL BUILDINQ ° -ter; u' cM corn: s o / O W P P:.e W.aw.°nxics -c M i0 al v t0 b�. .°m rww > f�f�Hi- o no"c° - —Al 150.00' - ¢°"` ".°° V_ _ fk N 22`!3'30" W+17 �.�e 153.51 ° — -- ----- —�—�— g",j +^ — .° ae,e a .e x.a ,e sr bee .nu rt u.CCC bne H- W COX NECK ROAD TAX MAP NO:DmTRIQT 1000 DEOTjON In 13LOCK 14 LOT 10 REVISIONS Barrett B atMsm>/"/na<h..R, , onacci LEGEW Hosea, &VanWeele,P.( COLIC ET CURB CONCRETE 1. LOT AREA m 47.760 SQ. FT OR 1 10 ACRES DROP CURB r-Y-Y-Y1 TREE LINE/EDGE OF WOODS 2 ELEVATIONS REFER NGV DATUM CIVIL 6NGQ4 DrIveJHau paugr y NEM 11788 EDGE OF PAVEMENT �— GUY PARE 3 LOT NUMBERS SHOWN REFER 70 MAP OF HERITAGE HARBOR, 175A Commvoe Dave,He0ppe0gq NY IITBB OH OVER EA WIRES' FILED SEPTEMBER 18, 1979, AS FILE NO. 6853. TEL631/4351111 FAX 631/435-1022 - - O RESAR FOUND �vEbvpe tom 4 THIS SURVEY WAS PREPARED FOR A SPECIFIC PURPOSE.AND ® STFU TU E - WATER A STAKE FOUND IS NOT INTENDED FOR ANY OTHER PURPOSE\7 FIR.: YD RANT PROPERTY III MONUMENT FOUND iw r."u>.�..�rr Y ® CA,Ck BASIN o00000o HEDGE SITUATE q SIG,I TREE =- MATTITUCK `n+ UT11 IT P DLE —°—°— STOCKADE FENCE TOF/B OM OF C RB +46 aJ SPOT ELEVATION 9m ® WATER VI LVE —S— SANITARY LINE -�`� "FINAL" W WA7_R S VICE Q OF TRANSFORMER ON CONC SURVEY m.on.ete er al,n.n.ona.n°.n fem me e . to!n.or e.rty Ime.o.ror..wmnc°.o.. ..`�' w^"w^+e++•w.,qe--_ _ _ __ — Ltom egfuneanae nne ttenom.r.�.�oif.reayn„c or,qreta.rN ain.,9-at..�a,�erpuotl.i,� ° ln9 a elllene i c. PaePo <e DUYege o ony nneetye.ar dS °cv[ f.p¢rp FORM 110. 4 COPY FOR YO TOWN OF SOUTHOLD INFOPMATIOPj BUILDING DEPARTMENT �t Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30572 Date: 11/19/04 THIS CERTIFIES that the building NEW BUILDING Location of Property: 260 COX NECK RD MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 113 Block 14 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 31, 2003 pursuant to which Building Permit No. 29920-Z dated DECEMBER 8, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE STORY METAL STORAGE BUILDING AS APPLIED FOR AND AS PER CONDITIONS OF ZBA #5365 DATED 9/11/03, AND AS PER PLANNING BOARD APPROVALS The certificate is issued to PAUL PAWLOWSKI - (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-02-0014 08/06/04 ELECTRICAL CERTIFICATE NO. 4032 09/19/04 PLUMBERS CERTIFICATION DATED 07/29/04 BERTSAND PLUMB.&HEATING AutAoyized ignature Rev. 1/81 Ar NEW APPLICATION SET-UP STEPS EFFECTIVE 8/2/06 PART II CHECK BOXES AS COMPLETED [ ] Staple this form to outside of file. 1. [ ] Pull ZBA copy of ND. 2. [ ] Check file boxes for priors. If priors, complete LF research; print with maps and make 7 copies. 3. [ ] Assign next number on list; put number on outside of file folder. 4. [ ] Date stamp entire original application w/file number. 5. [ ] Hole punch entire original application (before sending to TC). 6. [ ] Enter priors or other new appeal on ZBA application program and on newly created index card. 7. - [ ] Print program record. 8. [ ] Print contact info & tape to front of file. 9. [ ] Prepare transmittal to Town Clerk (3 copies). 10. [ ] Send original application w/transmittal & check to Town Clerk. 11. [ ] Note inside file folders w/prior info (copy file card) and staple other index cards inside left cover. 12. [ ] Copy County Tax Map; highlight parcel and mark neighbors (across streets etc). 13. [ ] Make 7 copies and put w/each packet. 14. [ ] Add preparer initials & date to (Notes on computer program) when all of above is complete (now ready for tech reviews). 15. [ ] Do mailing label (to contact person or owner—from application page 1. APPEALS BOARD MEMBERS *OF SO Mailing Mailing Address: Ruth D. Oliva, Chairwoman � Ql0 Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. qz N Office Location: Michael A. Simon �Z3 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman lyC�� � 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 October 19, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5940 (Peconic Bay Materials) Action Requested: Use Variance Within 500 feet of: ( x ) State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures '11� �1J OCOUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING November 8,2006 Ms.Ruth Oliva,Chair Town of Southold ZBA 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 Dear Ms.Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) -Segouin, Stephan 5766 Engelke, George&Sandra 5895 FHV,LLC 5919 Butz,Mary 5920 Jeffries,Michael&Susan 5924 Palmeri,Philip 5925 D'Addario,James&Janet 5928 Cavanagh,Thomas 5932 Zannikos,Nicholas 5934 Tyler,Rita&Greg 5936 Rosenbaum,Leonard 5938 Peconic Bay Materials 5940 Cutchogue-New Suffolk Library 5945 Peocnic Landing 5949 The Laurel Group/Redman 5956 Volpe,John 5964 David Howell Design/AC LaChance 5965 Wiederlight,Marc 5966 Peter Soutenburgh/Frsher 5967 Isabella,Barbara&Joseph 5969 Drake, Charles 5971 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 ■ (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER (631)853-4044 'AP? BOARD MEMBERS " a'Gy Southold Towd Hall Udia A.Tortora,Chairwoman :c 53095 Main Road Gerard.P.Goehringer _ •P.O:Sox 1179 I Cxeorge.Horning Q f. �e Southold,New York 11971-0959 Ruth D. Oliva y � ZBA Pax(631)765-9064 mnoent Orlando '� � � Telephope(63�)765-1809 F G http://SUU. ��,�Tfi�AL1G�et l I BOARD OF APPEALS f TOWN OF shut m r FINDINGS AND DETERMINATION0T 1 � 20D3 Z MEETING OF SEPTEMBER 11, 2003 zk,5 #536 - PAUL PAIVLOI,'SKI (REFLECTING NATURE LANDSCAPING; NC.) iieit Cad tion: 260 Cox Neck Road, P.1c liluc:k; Heritage Harbor Filcd [Jpp, Lol::'0. r ' FINDINGS OF FACT i . s PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Limited Business (LB) .Zone District and contains a total area of 47,760's4: ft. with 153.51 ft. frontage'along Cox Neck Road in Mattituck. -The property is vacant and adjacent on the j north, by a dwelling (R-80 Residential.Zone); on the east by a parcel zoned R-80 Resitlefitial and another parcel zoned Limited Business, and to the south by properties zoned,'Limited Business. Applicant's property is also showy} as Lot #10 on the Map of •Heritage Harbor filed 9-18-1979 in the Suffolk County Clerk's Office as Map#6853. j APPLICANT'S. REQUEST/BASIS OF APPLICATION: A Special Exception under 100- 81E(2) for a landscaping 'business with storage and office areas. All parking and, screening.'will be; determined by the Southold Town Planning Board as provided under j the Zoning Code site plan regulations for the Limited Business (LB)Zone District. STANDARDS/REAS.ONS FOR BOARD ACTION: After review of the requirements set , forth pursuant to Chapter 100 governing contractor uses by Speciat l;xception review, and on the basis of testimony presented and personal inspection, the Board finds': I ' ; I 1.- A landscape contracting business is permitted in this LB Limited Business Zone District Under Section 100-81 B(2) of the Town Zoning Code, subject to special exception authc}ri�atlpn of the Zoning Board'of Appeals: 'in this review th4 a Board.determines that a larids�cape,contractor businese'use is in harmony with the zoning ordinance'and will not i � adversely offect the neighborhood when meeting the code requirements. I 2. In addition, the Board has reviewed the General Standards governing Special Exception uses sot forth in Section 100-263 and finds that: I ' A) The use of the property as a landscape contractor's office and related activi- ties in the proposed new building will not prevent the orderly and reasonable use in this zone district and adjacent districts. The adjacent property on the north is improved with a single-family 'dWeljing, zoned R-80 Residential, on the east by a parcel zoned R-80 Kesidentlal anO another parcel zoned Limited Business, and to the south by properties zoned Limited Business. Opposite Cox Neck Road is an existing winery business also located;in the Limited Business Zone District. I I � � iPage�—Sept�m'ber 11,'200� _• 4 i 7-BA•SE##5365-Paul Pawlowski ! = "113,14-10 at Mattifuck I ' I II f I is I, B) This use will not prevent orderly and reasonable use of permitted or legally ,,established uses in this zbne district or adjacent use district. C) the safety, heglth, welfare* comfort, convenience, and the order of the town ,''*it[not be adversolyaffected by fhe proposed,use and its location. ID); The use will be in harmony with and will promote the general purposes and intent of the code. ' E) The use is compatible with its surroundings and with the character of the neighborhood ah'd:Of the community in general, particularly with regarding to visibility, scale a00'overa)[appearance. F) The structures, equipment and material will be accessible for emergency protection. In malting this determination, the Board has also reviewed other matters under Section 100-264, and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development.of, uses in the district and the peculiar suitability of such district for the location of such'permitted uses. B. Property values.will be conserved. A landscape business in this LB Zone is a listed authorised use:it the Zoning Code, allowed by Special Exception approval from the Board*of Appeals and site plan approval from the Planning Board. C. The location of the proposed building will not cause traffic congestion on public streets, highways and sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the, 'treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. Outside storage of landscaping or construction debris is not permitted as a condition to this Special Exception. F. The use will not cause disturbing emissions of electrical discharges, .dust, light,' vibration or noise. Outside storage of landscaping or construction debris is not permitted as a condition to this Spedial Exception. Page'3'—Septefnbew 11,2003 I E3A 8E#5365-Paul Pawlowski f 18.14=10 at M�ttituck 'O, The operations as a landscaping business will not cause undue Interference with the �lorderly enjoyment by, the public of parking or of recreational- facilities, enisting -or -proposed by the town,6r by other competent governmental agencies. =1. Off-street parking of vehicles incidental to the use and_ Whether such space is iP_aspn4bly adequate,and appropriate:is subject to review and,approval,of the Southold T'owh Pfannirig 96,ard under the site plan regulations. t. There is no evidence to show that there will be any hazard,to life, limb or property Pdpause of f i(e,fldod, eros%on-or panic by reason of or as a result of the use or by the bu)lding,to pe;used,:or, by the accessibility of the property or structures thereon for the :C'8hveniententry.and dperatipa of fine and other emetency apparatus. There will not be, .€irid,de'conc'shtration or assemblage of persons upon sudh plot in the operations as a f6pdscaping'b;os16ess. J. The,use and the,building location will not cause an overcrowding of land or undue `concerdration d—poolxulation. K The plot area has been deemed sufficient, appropriate and adequate for this use. L. The use is not unreasonably near a school, theater; recreational area or other place of publ'rc,assombly. M.• The site;is suitable for a landscaping business office and related accessory uses considi tfing'its size and the character of the neighborhood. N. Concerns with respect to outside storage of debris has been addressed as a condition of thjs.Special Exception. No other evidence has been presented to show that there would-Be any detrimental impact to adjacent properties and land uses. O. Adequate-provision has been made for the collection and disposal of storm-water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that, the proposed use may be introdmped without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. N • O Pagd4-$epte6bet 11,2063 ZBA$t#5365-Paul Pawlowski 11 a:'[4A 0 at Mattituck -.• RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Tortora,-and duly carried, to GRANT the Special, Exception for a. landscaping business as applied for, (� SIJBJE'¢T To THE FOLLOWING CONDITIONS, 1- Where shall be no outside,storage of landscape debris, such as large stumps Or traes}or construction d'eb'ris 2. Any temporary storage of stumps or other debris shall be removed from premises; 3. The gvergreens and cedars along the north side of the property shall be permanently maintained. 4. The Board of Appeals reserves the right to review and inspect the property concerning the operations as a landscaping, business and the conditions of thus Special Exception approval. This action ,does not authorize or condone any current or future use, setback or other °feature of the,subject,property that may violate the Zoning Code, other than such uses, 'setbacks and•other features as are expressly addressed;in this action. Vote of the. $oard: Ayes: Members Tortpra (Chairwoman), Goehringer, Orlando and Oliva. (Absent was.Member Horning.) 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N I• I I I+S41131YiUL$\/Ju.l:yr •� •n.•I,+..Ilx n ?]IIY I'•tit r 1• I I G 4fJ HULr h-679 Eta rF;r�F,u_ rr-i,r • 1fJ n IF IFKUN'p F•"+Pe.aV•....IiNF"n,ni `�CPT_IG TANF, t, I SANITARY LCAL:,HIN6 FOOL LAND Now OR FORMERLY OF ROBERT ADAMSOM&DIANE AD WN S 2175'10' E 88 I1'M,M S 23'56'10'E 149.87' \ 1 o N 0 %_II 1 i 1 N,�i} w Ix• _V I /!a TRH• I EDr Y`C9 a / ,/ / /,� F.& LOT I `�4l�.•✓ , —1 NOW OF FORVERLY OF SAUL LEFNEfl La i mm ------•, � ,----- --1 _•_ .. � � " � �:+ !_ - f_ ,]ODD• ---_ -- - --y�� y`{//��y ° „`-N 2213'30" W 153 +,..�~ .� •. .. ... \tee_ - d ... �'y It1t ���' .Y`- - / - 7frCOX ®mow NECK P ROAD v REVTBIONS or Barrett,Bonacci &VanWeele,P C LEGEND DONCFEIE LURE .,e+ SPOT ElEYAT,dV CIVE.ENOPTFAR5URVEYDR.4%ANI@R.y DROP WRQ CONiOURs ITT, CONOREIE RFCGiVEt 1FY dm EODE OF PAMCNr NOTES, Sv III IlIImm Nvm 1laE9 —oR— SW_UCl AD 7ES /YWl TREE vNE/EDGE OF WD003 , LOT AREA-47•760 SO FT OR 110 A.M MAY-61003 ® SIRNRE WATER ,VJtE Z ELEVATIONS REFER NOV DAl PROPERTY V M HYDRANT SITUATE O FEBAF FWND ] L07 E SHOKN REFER ® CATCN BASN BTANE iWNG HERITAGE HAROOfl "LED,SEPTEUBER 10, MATTITUCK Y)G,AS TILE ND BBB], SON ■ UYENf FUVNO •O. UDUTY PWEBOUN omcppp NCOOE ^N {Faj: TDP/BOmm OF CURB V m mM am •894'eS TOP/BOTTOM DF CATCH BASIN �� TOPOGRA H C IF SURVEY � E RD.D,wnc q+anD>o+°ImIRlnmv..TMR.d WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD SITE PLANS For Monday September 5, 2006 at 4:30 p.m. • Peconic Bay Materials SCTM: 1000-113-14-10 Action: Send comments to ZBA regarding the status of an application. Status: Received request for comments from ZBA. No application on file in Planning. Recommendations: Review draft memo to ZBA indicating no application is being processed at this time. Attachments: None • Peconic Landing/Brecknock Hall SCTM: 1000-35-1-25 Action: Send comments to ZBA regardmg the status of an application. Status: Received request for comments from ZBA. No application on file in Planning. Recommendations: Review draft memo to ZBA indicating no application is being processed at this time. Attachments: None Additional Items: • General discussion regarding SEQRA as it relates to GAIA Hollistic (Oki-Do) and MGH Enterprises/Cingular (Orient by the Sea). S\Plannng\2006\Work Session\Site Plans\9-5-06-Site Plan Work Session AGENDA doc ='t'NOp�` _<I'�"'•='"Iv1ECABE G '"feet'dot'tgaffontyafd.at694�5GR:48,�= r 1 #5799.4 for ance Under Giednpott; TM35-L8.;,i"ram 1 Secfiml"I bas, to Building'iwg ,i-. iPIvJ *ANDRHW ANSE11GI04` J Inspectors"AugustA7;2006 Nohce-df"°;,and=VSR?j°e°�1SET M,-s6 i fie Re Disapproval'concerning'_a';proposed' quest fo[idanangCVrnderSeghoiis 100;�, swimming pool in a'yard other than?ilias31_ud 1000.33based'on tfi Buililtng3ii 4� ,ry required rearyard,at 250 Anglers Rio dY;;�,.,,,.specfor s June,6 200,6'_amended..I:TiSi!ceN, A I{ynP (and-unimproved right-of-way known-, a&.Disapproyaly�cpncernwg apphtant's.l as Meidow,Lane)-,Green dry sub: ,_io o;a,requect;for�a 36-2-20 L,- kuild�uig- rS?I,4'P ermit'to rebuild an existing aeees'st3r}•'i• _- •• 1005 A'M'-•CUTCHOGUE-NEW,^;,ypoA hatiiCalilelliafu;(a)fo`r the oiuiiel s= geq Request for a Varian�unde SecUo4n_�`batluoom�agd�ela'ledl mus c Sand game.� 4 100-42A(based on ZBA'Interpreta= -rodm=ac'tividt:s;rind noClas'a 3wellid`g„ ,for a'-heghtl,ezceeding'rtheicgde+ II h 0-242A(b m the Walz Apphcation�i;1F'.(fi),", f -„ F_and'100;244;based da the Building In-Y yI mttatlon,bf 18 feet,and witl}a setback, rs'pect6r's`July,14;20p6_I�otice of Disap- `5!',le`ss't6an'10-fee{'the property line. provaltconcer`mnga•propose'd'Sddihon L'ocahonfof`.Propertytis31605.CR 48;" and:alCera4ons'tb anexis[ingmhbrary Southold,CIM74-1-13 3•;,i blinding fof tbe'reason that,there will be j 15„11M (Reserved for Pficamed °"' ';v"sa,5�=s an',incrdase,tn the'd`egree of noncorifor--• from last heanng_oalend`ai):yJ SHACK 40feet '',#5933-.,• mance.when;located at le§s,than,, :.from, rear lotdine;aN,27550,,,Mam„ 1,30,P,M.,lKENNETFI,G,LASS ands SEP 1 (� from, utchogue;,C MI109=6-2 LAURIERAFKIN•#5951;Request for e7 Z�O6 t `i 40-10,A.M_DAVID,SCIACCHITA-• aVananceunderSect,ori400-244;based 1 'NO 29h'Reques,t46r a Variance un-, _on the Buildinglu'spector'sJuly,31,2006 der Section 100--33;based on-the Build-,, Amended'Nonce of Disapproval con- s .-. rth mg Inspector;sluly�21r�2006 Notice of; ,cernmg a,proposed deck,addition'w'oa ��:.3`l l'...' vT Disapproval°concerning•a'prdpdsed 'hot[ub,wkuch-will.exceed•the,maxi-- sw,mmmgpool ui aside,yazd and with mum permitted lot coverage limitation a setback at less.than 204eetfr6m any .of 20%,,at 1710,Minnehaha$�IuleVard, lot line,at 755,Hazbor'L'ane,Cutchogue, Sodthold,Cl M 87=9-52 CrM 97-6-8 ,;.a „- 1.4o piv,.JOE BXJADA and LOR; -,10-15 A.M>THOMAS,E-and"HEIrY RAINE-BAJADA'#5944,-Requestfor:- EN K FOX#5952.Request for a Van-, either Plan A or Plan B,Variances are, ance;under,Sectton'<100,244„baVil_on➢ :,requested do -Sa606us;100,31`Aradd= the_Butfd,ag:Aispeetoc jiuie_�5;,2006t "'100-2'44;based;dn the;B}ttld,ng:uspec s` Notice_of•,Disapproyal,concerning,a; t6esMay9,�006,Nohceofl)isappioyaI,, 'proposed deck addition at less than•35; concerning the proposed d6ni p - feetfro[aSh@fiontlot,Ime,a[365,Free-t the existing noncorif&niiiigaliuildmj- man�ltoad'Ma[[imck,CPM 139-3-38 •k and to eoastruct a new'nonconfoTm g 1030 A.M HOUSE OF ISAIGE) - (second)dvielhng The reasons sf�ted= #5926 This is an Appeal :(1)request': in the disapproval are that under Zon;, mg a determination that will•recogiuze a, ing Code Section 100-31�'only,^one LEGAL NOTICE•_,,;,-� �• 6,000 square',(oot,lot for,the purpose,9f; dwelling is permitted on-each,lot,and, PUBLIC HEARINGS`,;,i addmg'a single-family',d, ling,instead Section 100-244 requees,'a`mmimum'__ SOUTHOLD TOWN -• of ns present zonuig restr!ciions applied ' single side yard at 15'feeC"Location of Z6NING BOARD OF APPEALS for(by a prior owner);and granted Sep- Property 7972 Pecomc Bay Boulevard, THURSDAY;SEFTEMBER 28,2006 ' tember 29,1969 under Appeal No 4290 Laurel,CTM 12641-16 NOTICE Is HEREBY GIVEN,Pur- The apphcaiioii.dated,1969 request- 1 so P.M- JOHN DILLER#5884. '.suant,to Sechon,267 of the,Town Law, ,ing 5split of the propel["y,allowing the Requestxfor Variances'under Sections' . !a`nd'Lonirig CodetGhapter 100(rennin"''6,000`square foot portion to,be used as; 100-239 4B"and'100.244,tiased'on the `beiedcliapfer•280),Code of tb6t&wn of a garage,as an accessory,to heir home: Building,InspectoYs.Pebruary 8;,2006 ;Southold,the following public hearings across the street,and,wifli the remain- Nohce ofDisa'ppiovaf`statih'g,that`the' 'will beheld by the SOUTHOLDTOWN-,-. ing'porhon of the land(adjacenudwell;; proposed nevi dwelhrig'construction�is, tZht`e•Town: al( 9 OlvfSin 7toa �0'{- arcel'52-3-14. sandyof o(2 baseffm on o' ' less thapeial5feet;"totalside'yaids azeless_- Boxr117Q,Southold;New,York_11971;, the Building,Inspecior,'s May 30„2006, than 35 feet,-and setback is less than 5 V 0959,on,T13URSDAYf SEPTEMBER` ;Nohce-of.Disapproval,,,equesting a . feet[o tlie'bulktiead,L Bay B ulPro ••4 2006t'.'9«+.P•s .proposed'dwelluig;,afCer removal of the; erty:•y60 Great'Pecomc Bay Boulevard;'- - O}jVARD�S•.and VAIr 'existing garage,at less hian the,code-re Laurel;;,CITvI-145-2=1'2.;• EI2IE;MICHF�LSEif`#5957.';Request iquved25ffriiumvumside"ylid'setback, 200 FtSIIERSrISLAND ai i,..r, Y,.c..•zu P, ty;..,,, ,for a,yanance under Sections 100 242A .Location of Pro'er 1195 Ruch Lane,; and RO AYNP DRI CROMz,#588 IateipietatioirNo.9039 m'the ;Gfeenport,Cl•M523-13' Re uest,fora-S ecial,Excephonunde`r': ;Wa1z:Apphcahon)yand 100-244;based; 103SA.M''DAVID G HOFFMAN, q P ,on;the:Build,rigr'Inspector',s;'August. •#59Z7 _Request.foriaUariagce;under` _ ArUcieIII,Sechon•100-31B,sub-sechon� 2006 Nohce,of Dlsapproval'concermng• :Section 160-33,based on the Buildmg; 13 of the Zonmg'Cod`e_to establish Ac-' la proposed;addtti�on and alterations to, Inspector's June 7,2006,ame'bded No- '''cessory Apartment,'4o•estabhs6'an Ac- ttie ein'sttng dt3ell,ng wludf,willincrease; tice,of Disapproval concerning a pro-; = cessory Apaztinent ui the exist 4dgdwell= jthe,degreeofnopcori(oimancewhenlo-t ,posed accessory'-•gaiage,n•a'fiont yard, mg loedted:at 18aTHeafliuhe A eriue;' cat' less tlian3$,fcetfrom the front lot` -instead of the code-required'rear yard„ Fishers Island,CI'M1000-9-11:93 dine,ai 860'Rabbi 1ane;T ist ivlanon; at 1275_Ruch'Lane;-Greenport,CTM , 210 PM.,GREG and DuBORAIIr CPM31=18'1 ;wt; `:,;:.*,,:, ,-"-: DICKERSON#59,61;;:R q I-, 52-3-141 t'.ti:_:d $' 7 and MAR-- 10 45 A M e,GLENN and KRISTAN, Variance under Secnon 100-244,Based EDMTJND,•• . GiJERITE`GIORDt{NO#5950. Re-i BURLINGAME'#5942'"`Request.fon on the Building Inspector's AugpusoL `quest for a Vazia_hce undertSecpon 100-- Vanances:underi",Sections,100-242A{ 2006 Amended Nohce- Dlsa di 244;a cir,d oo"t4_ Buildmg=Inspector's 1 `and 100;244, based on i they Buildmg, concerning,a pNposed garage addition August4;2006'Nolrce;6 isa' rbval{ ;Inspector'shl`y3,2006Nohcd'ofDisap-) andsecond-floor addiUonwitha5etback' 'concernmga proposed, and at-) -proval concerning,additions- ex-• at less than the code-required minimum,,, terahons to the,exishng dwelling with 4 Tr;,sting_single-family dwelling)vhich•.will • of 10 feet on one'side imd l5�feet oil the l ton6"'Pya rd�setback loss ttiaiC'QO feet;'.R,inciease'the,degree of noncbnfoimance• other side,resulting inagregmred com--,, f4t60'Case;Road('d d-_BayRoad),Cti,;� (inferpreted under ZBSItNo-^5039 idl t bmed side yard total at25 feet,and pro___ icbogii@;t`CIT'1j1.16-2}61a�t%;?�O'4-t'95d. .neon tivacttonPs l 35 feet -611 a ed'I''Tian 40'fegt 'from the front-ilotR�eosed poich Wilma at l�nd_:sess anv�,mmT9 o-z:940 A MTLFItANK'OR1T �. 9t ae l i '',` ol;wh,cli 41 cnlated`to a•I'otkcoverage e '; =;fromthe%frdnt�lot;hne:In°adil>,tion'{the, :poi- K �Requ'e'stl,fod Vart�ance,gnderESechon'%v• s,, tezce sof,th code'maxiiiiiim.oE20 j•160-244i'based on'tlie Building, spec-= a's-bUdt d'ecki,s•less',t'a`40•feet°frbm� t inn S . �i . .l-.r,,;,��..:•,r, '{or's June 9,2006NoUce of Dtsapprovalaa `the front lot tine Location of Property; `for-all•_cons[n,etlon'azeas�-Location.of QZ��t -- ---%oncernnsng'a_proposed addition`,lo;ttie;;'2395;West Creek'Ayenue;Cutchogue,{ Prop erty".o780Marleiie7Sane;M thfuck( ` GTM14312-21 ~SO fe€ frbeuthet;eeh ar lot hhebe lat2420 0.55 Alvt"TECONIC'I?NDING; ._;A7 Bp2rd,of{Appeals jvill;hear.all F,Sttafs RoaahEasi fvlanon,CINi�??2-1g e; 'I9e,#5949;•Request'for a Special•Exr+ Per sbnsgor then ie resentativesr desu; l,'9i45,Ai ; d,K.S'I Ij' ,cephoii;uncle%ZONING,Code;Seetioi% mg+to be Beard at,e....earing,--aaz4dlor 280-22B 4 for-a roval'oP,0nve%; ;'il'esirgig4to_submttg tten;Zate,rieuts ItYN�tilS$O;#5955eRegue;tsfor Vert - (,)' Pl e>I bi t3o"f eaeti3liear; ;an des ttijd`ei,Sechoris,7l)0`?�4sand;I00-i "s,onlof the,'emstmgbuddmg;m parCfoi i,bdoro�the_concliisiog�-_s._•- .33 4tiased'4on the, nildlbglnspector,s; apaitmeut;`offices and s ace tor• abbe ui Each hearing will not,start earlier vAngust l 2006,-,No ce€of7Disapprov 1, _events,at- recknock Hall,15f10 Biee than designatgdtabdve.'Files are-avail- s myf6 t-�l " ti 'for: eview'dunn re az biisl; :concemmgptoposed}addiao'ns and,al;„ kuock,Road,.Greenp'ort;GTN135=1=2§. able;- r ,, s,,µt gc_ >x[erahons tv(he,e;nsttng dwelhug;;and, A-Notice;.of;Dtsapproval,wasYissued'( `nhss liours and pnoi'to,theid'ay=of the relocandn of••aq eiasttng hotrytubrand;• -ISlareh 9,2006,bythe�uildinp�dInspectori hearing If yoti have'gliesboiis;please shed,stigcturt�s'TfieSfiontyardsetback_ .indicati_n ass , ,I' tiona rovali .do-not-•hesitate-to-contact-out-office `<O " ' is're aired frpni,the;,Zoiun Board•oft, at(631)765-1809,.orrby email.,,L,n:da fwill{ie less ulada 35fseekrandtbeaccessoz_ p.6 t.., s,•;.-� y d a her t aV'lnrtlfe'r quired're quir"e'd f om tlie`P(adniug Bbauer 'Ited to a slue A Dated S�GBd`} 60k-PI?ALS yaidatYJ5 6aFwood l7rive Sonttiotd,'�= Section 10031B(16): 'v" s Zd �M t�0�_�; 1100 A M.(Reserved for PEl,carr ed 'I�UTH D rOLIV?;CIiAlltk OMB •�30=A.M-PEG'ONIC'BAM.�TEt' from las[.lieuingcalend"ar)-KGARIP= i-By I:inda'Kbtvalski RIAAfS•=,'#594oi'--`'Requesflfor`-a'Spec,al- IANt{5931 i'` 8037-1-T 9l14- --_< Eifception iiW&F26iiing;Code S9echon' 1105 A'M 1-3vIARGARET•TRAVIS' 10081B($)LYo/conveit'the`ezishng-use: RADACINSKI:#5943i' Regdest+f6i,a froin al landscape contractor's yard'ap, Variance under-Section 100-23f;^based proved under ZBA No.3365,to'ason= on the!Building.Inspector's;July,10, , tractor's'bisiness'andyard,-at260,Cox 2006 Notice of Dlsapproval 'concern' Neck;Road,Mattituck;CI'Iy1113-14;10 'mg a proposed fence which will exceed 1 .�`e MAILING ADDRESS: PLANNING BOARD MEMBERS = P.O. Box 1179 JERILYN B.WOODHOUSE S®�ryo Southold, NY 11971 ni i A V" Chair ®V� to � � OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex 1 v MARTIN H.SIDOR C* 54375 State Route 25 l GEORGE D.SOLOMON e ® aO@ (cor.Main Rd. &Youngs Ave.) 1 JOSEPH L.TOWNSEND ® Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Ruth D. Oliva,ZBA Chairwoman From: Jerilyn B.Woodhouse,Chair Date: 5 September 2006 Re: Peconic BayM&terials SLIM# : 1000-113-14-10 As per your memo dated August 29,2006,this is to inform you that as of today,September 5,2006,the Planning Board has not received an application for site plan for the above reference project. Once an application is received and the Planning Board has accepted the application,comments regarding the application will be forthcoming. Please contact this office should you have any questions or need further assistance. Thank you. Cc: Planning Board Mark Terry,Interim Planning Department File NuTl (m� 't uF , LARINO T ie following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: FAME : PECONIC MATERIALS #5940 11AP # mE 113= 14= 10 CHANGE TO CONTRACTORS YARD VEQUESTmE SPECIAL EXCEPTION DATE : THURSDAY, SEPT . 28 , 9E. 50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 10NING BOARD-TOWN OF SOUTHOLD 765= 1809 APPEALS BOARD MEMBERS *of so Mailing Address: rry Ruth D. Oliva,Chairwoman � Ql0 Southold Town Hall Gerard P. Goehringer 53095 Main Road•P.O. Box 1179 � � Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon �l� ^��Q Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman COU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: August 29, 2006 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Peconic 113-14=10 5940 06/08/06 Special Site Plan Barrett, Materials LB Zone Exception; Dated Bonacci & Article 100- 10/20/04 VanWeele, 81 B(2) Increase PC Intensity of Use Granted under ZBA#5365 Your comments are appreciated by September 18, 2006 Town of Southold ZBA i$�F O RA App, Name Q Tax Map U File No. II Board Member James Dinizio Search: ElUnliste B Qther Hearing Time: 0:49 AM File Number: 5940 Tax Map; 113.-14-10 App.Name: jPeconic Materials, Inc. (Pawlowski) Received Date: 1 Tat. Fees: 400. 0 Hamlet Mattituck Type: Commercial Zone LB Date forwarded to Town Clerk 7/18/2006 Status: lNew Action:f Meeting Dates Building Dept. Location 1260 Cox Neck Road Meeting Date ND Date 1 6/8/2006 Short Special Exception for change of use from landscape Hearing Date 1 %28/2006 ND Date 2� Desc.: contracting to excavation contractor's yard Hearing Date 2 ND Date 3� copy (intensified use with heavy equipment parking). Hearing Date 3 F ND Date 4 � Memo to PB week of 8/1; Trustees also pending. Hearing Rate 4 ND Date 5� '' Notes Hearing Date 5 ND Date 6 Action Date: ND Date 7� 711$/2Q06 2:Q4 PM CAPS ' iU� y m _ Developed by the Southold Town Data Processing Department 'z 0 MATCH LINE (q cy, z Cp.Ab '1r N 281,400 FOR PCL.NO. SEE SEC.NO. 113-07-019.23 SOUTH OAN 5 T z SOUTHOOLO I.BA 16A 21 Aes 2.GX(c) 4 4.7 2.DA(c) 13A A 3 4.3 jzA3 (so')S.OA Rp, 1.3A(c) AVE. 4.4 10.OA 4.3 2.OA 1.2 12A 1.10 TOWN OF SOUTHOLD 7.2A 8.1 2 13.4A(c) EIZA(d 4.5 SUFFOLK 59:4A COUNTY COUNTY OF SUFFOLK WATER AUTHORITY 9.3 7.8A O SUFFOLK COUNTY WATER AUTHORITY OF SUFFOLK 9.1A COUNTY OF SUFFOLK FOR PCL.NO. SEE SEC.NO. 122-02-025 5.1 70.BA(c) 14 124T 7 8.4 offfff19 712. 13 14 43A Ile 17.1 18 12.2 Is 20 ssz SUFFOLK COUNTY WATER AUTHORITY 1.5A 21 29.2A(c) xz 22 U " 0) 23 24 25; TOWN OF SOUTHOLD !1z ;E (UNDERWATER LAND) '0 LAUREL LAKE FOR PCL.NWO. SEE SEC.NO. 125-01-014 - z N 277.600 SEE SEC.NO.125 LINE SEE SEC.NO.125 PROPERTIES SECTION NO DISTRICTS, NOTICE-- 40 COUNTY OF SUFFYLIK EK I U3 .. 11-N OF SOUTHOLD wo MAINTENANCE,ALTERATION,SAL Real Property Tax Ser vj( Y� c E 11 �e AgeTcy DISTRIBUTION OF ANY PORTION OF THE Y iiani T2O M M 1 VUAGE OF I DI ki 101 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X In the Matter of the Application of O J AFFIDAVIT OF CS (Name of Applicants) CTM Parcel #1000- - - -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,�#A Co�9ix residing at___/2 I s— &914J' q,1� -�l%P,�k New York, being duly sworn, depose and say that: On the--L_b_day of C,10 oa4 I personally mailed at the United States Post Office in /"aTv New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the fcial records on file with the ( )Assessors, or( ) County Real Property Office S�Lk. ah for every r property which abuts and is across a public or priv�Ie street, or vehicular right-of--way of record, surrounding the applicant's property. (Signature) Sworn to before me this / day of 52006 THOMAS M.KERR JR. Notary Public,State of New York No.01KE5=21 Qualified In Suffolk Coup Commission Expires Sept.29, OO 1r (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • •�i- _ •� rr.��►r�•�r�r:��xyxyrut.�<.],�i]�I�PI�c;< ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. ,q� � ❑Agent X ■ Print your name and address on the reverse J6LL� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date f Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below. ❑No 20S G/4f 3. Service Type /l,� / ❑Certified Mail ❑Express Mail /`r ! ��%�7i ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransfer from service labep 7 0 0 6 0100 0 0 0 7 0 812 6868 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1e40 UNrTED STATES POSTAL SERVICE First-Class Mall Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP¢4 in this box • 1-014 01159GMTANAAHAIIIIIUR� , 01- • ■ Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. R eived by rfnted Name) I C. Date ol Delivery ■ Attach this card to the back of the mailpiece, D or on the,front if space permits. D. Is delivery add different from item 1? Oyes 1. Article Addressed to: -:1T If YES,enter delivery address below: ❑No 90 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2.-Article Number -- --- ----� (Transfer from seivlce 12beq = '7 0 0 61;010 0 0 0 0 7,10 812 6 8 8 2 I PS Form 3811.February 2004{i r Domestic ReturnReceipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Illilill If if fill ■ Complete items 1,2,and 3.Also complete A. SI ture Item 4 if Restricted Delivery Is desired. � ❑Agent ■ Print your name and address on the reverse so that we can return the card to you. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the-front if space permits. Is dt ferent from item 1? ❑Yes 1. Article Addressed to: YOenter i address below: ❑No ❑Certified Mail ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2."Article Number —_—"--- :�--—------ (Transfer from'service,66eq - I i 7�0 0 6 01`0 d 'dd 0 7 '0 812 1116851 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • a= °111f1117911f 1111if 11111•1111111111➢`I II111'1 If 1lIiAI III 1l 111111 ■ Complete Items 1,2,and 3.Also complete A. Sprilture item 4 if Restricted Delivery is desired. / ❑Agent ■ Print your name and address on the reverse X lY ❑Addressee so that we can return the card to you. B. Received by(Print d Name) C. Date of Delivery ■ Attach this card to the back of the_mailpiece or on the front if space permits. 1. Article Addressed to: ivery address different from item 1? ❑Yes E 11enter delivery address below: ❑No CEO �G/GI 21'" Z P o, - 1 - / Service Type /VY/19� ❑Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise' ❑Insured Mail ❑C.O.D. 4. Restricted DeliveryR(Extra Fee) ❑Yes 2. Article Number (Transfer from service label `.` I 7006 01'0 0i'0 0 0,7..;0 812 6 8,7 5 PS'Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 26-9 D Cox 4 1111 iiI131111 I'll sit is 11 Is i111 1111111 11,111 1111191 1111 fit I 1 1'11111 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD- NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT Rco!qlc, Aq &Txalo� OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,;b" Co Am residing at_ f 2)S' S9 L:'3- u w�9y JjAn] CA, ,New York, being duly sworn, depose and say that: On the t-day of S � r�i�c oo I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for sevW days prior to trat date of the subject hearing date, which hearing date was shown to be S z oob (Signature) Sworn to before me this a/ day of 4� , 200 6- THOMAS M.KERR JR. Notary Public,State of New York No,01 KE6085721 Qualified in Suffolk Coun !, - 9 Commission i:xpiree Sept.fin, (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. OFFICE OF ZONING BOARD OFAPPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 hftp://southoldtown.northfork.net Email: Linda.Kowalski aOTown Southold ny us Jayne.Martin a(�Town Southold nv us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO TO: DATE: RE: