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kc :ZE4)G 3 rrio�E -7-A47v i BOARD MEMBERS ®� $Q(/ Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� Tif®lam 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. y Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing 54375 Main Road(at Youngs Avenue) Ken Schneider DU Southold,NY 11971 http://southoldtown.no rthfork.net ECEI ED ZONING BOARD OF APPEALS g .3� TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 Q C 1 4 2 FINDINGS,DELIBERATIONS AND DETERMINATION uthold Town rk MEETING OF DECEMBER 6,2012 ZBA FILE: 6591 NAME OF APPLICANT: PECONIC LANDING AT SOUTHOLD, INC. SCTM: 1000-35-1-25 PROPERTY LOCATION: 1500 Brecknock Road(adj.to Long Island Sound), Greenport,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 2012 stating that this application is considered'a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. 11 1 PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 144 acre waterfront parcel in the HD and R- 80 Zones. The property is improved with numerous buildings used in the operation of Peconic Landing a long- term, residential health care facility. Currently there are 250 units with 360-375 elderly residents. All existing structures including a Health Center and Community Center, and the residential units, are show on the site plan survey drawn by Young & Young, dated June 19, 2012. The site plan also shows the proposed additional structures, including the proposed 3 story.40 unit Independent Living building that is the focus of this Application. BASIS OF APPLICATION: Request.for Variance from Article V Code Section 280-23 (Bulk Schedule) and the Building Inspector's July 9, 2012 Notice of Disapproval based on an application for building permit for construction of a three story apartment building addition, at; More than the maximum number of 2 'h stories. RELIEF REQUESTED: The applicant requests a variance to construct a three story Independent Living facility containing 40 residential units, and underground parking garage, with 12 units located on the first floor, 14 units located on the second floor, and 14 units located on the third floor, when Town Code allows a maximum of 2 '/2 stories. I ADDITIONAL INFORMATION: The Southold Planning Board provided a Memorandum dated Aug. 28, 2012, expressing tentative support for the Applicant's proposed construction, providing that Town Code requirements for yield per acre is met, and pending their complete review of the proposed site plan. The Applicant submitted a yield calculation dated October 4, 2012 prepared by Howard Young and Thomas Wolpert of Young and Young Surveyors verifying that the proposed yield is well within the code permitted yield, and a resident emergency transportation operations procedure to detail how the increased volume of 9/11 emergency transports generated by the increase in residential occupants will be handled by all appropriate agencies. Page 2 of 3—December 6,2012 ZBA File#6591—Peconic Landing at Southold,Inc. CTM: 1000-35-I-25 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6,2012, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed increase in living units will not exceed the density yield.per acre that is allowed by Town Code. The 40 unit Independent Living Facility will be located on less than one acre of the 144 acre property. The proposed building height does not exceed the height of other existing buildings on the site. The Applicant must comply with all applicable New York State Fire Codes. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible i. for the applicant to pursue, other than an area variance. The Applicant stated a need for the increase in 40 new r living units, and stated that their objective was to construct a three story building with a smaller footprint than that which would be required if they had to construct the 40 units within a two story building with larger footprint. I 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code allowed 2 % stories. However, the Applicant has stated that there already exists a three story building at Peconic Landing, with a valid CO for each unit on the third floor. The Applicant also stated that "At (only) two stories the building would be unduly extended, would create an additional burden on residents and be further away from the Peconic Landing staff." 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. . The property is adjacent to a large golf course on the easterly boundary, and a working agricultural enterprise on the western boundary, and is well screened from those properties by established vegetation. The proposed new 40 unit building will be located in the center area of the 144 acres, and will not be visible from adjacent properties. The applicant must comply with Chapter 236 of the Town's Storm Water Management j Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created, since the Applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the i limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the Applicant to enjoy the benefit of a new three story 40 unit residential living facility, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Horning, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the survey drawn by Young & Young, dated June 19, 2012, and the architectural drawings by Perkins Eastman labeled A-101, A 102, A-103, A-201and A-301 dated June 11, 2012. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. i Page 3 of 3—December 6,2012 ZBA File#6591—Peconic Landing at Southold,Inc. CTM: 1000-35-1-25 Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when j 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. i. I Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dinizio.Schneider and Horning. This Resolution was duly adopted(5-0). /�4a I Leslie Kanes Weisman, Chairperson Approved for filing /2012 i I i I I. I i i I j I I (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FC—a SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPA' ERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGN THE LENDING INSTITUTION.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSDTUTIOINS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)&CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS vN° 4.00 Ostrander Avenue, Riverhead, New York 11401 0 tel. 631."72'7.2303 fax. 631.'72'7.0144 S admin@youngengineering.Gom a E jr' nm Howard W. Young, Land Surveyor ►y Thomas G. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer e s Robert G. Tast, Architect e, 51TE DATA TOTAL AREA = 144.7708 ACRES PECONIC LANDING n�, � APPLICANT `�° / = PEGONIG LANDING i i i i i i i i i i / / %� 1500 BREGHNOGK ROAD AT SOUTHOLD / GREEM CRT, NEW YORK I Icl44 HID / / * ZONING USE DISTRICT = HD R-80 R-80 ' RESIDENTIAL LOW DENSITY HAMLET DENSITY R-80. RESIDENTIAL LOW DENSITY �' / (n O m NQ / R-80 ESIDENTIAL LOW DEN 0 36294 / MAIN ROAD (N.Y.S. RTE 25) / 9 i' ; z R-40 z� R-80 a m m ^.ESIDENTIAL LOW DENSITY m C OVNO z J /. � KNAPP _P(AC RESIDENTIAL LOW DENSITY V) 214.2a / 9`n zz t \O N 55-35'02" E •� y Y�1 S�y FRAME E. NJ PLACE_. 450711" � \ _ I CHAMFUN D �ONG 172 29 N 65'46'13" E 154.46' N — 89 O C �I 55'49'13' E STORY FRAME BRIDGE > STt REET 49.3p 53 E N 64'30'21" E 163.50' N / \ A S�Y FRAIAE 88 O ---- AGE _ FINAL MAP z / \ 87 ��� - ? IAONS_ ELL.--, ��A. SAS O t , �1 �. ..� ��V �,�E aV ��� � � ME-VIEWED BY ZBIA _ $5 SEE DECISION # (�) - - - - - - DATED 0 GPI 1 8� O KEY�MA P �P����P� / � / �\' � P O IN Dp-g � SCALE: I"=600' ��a�P / O I STORY FRAME �� / / — f / v 1 STORK FRAME T r�FFWE COTTAGE /' (D s 36 37 38 / �`_ N p,LLAR� LANE o N DO z �„ �`� co EN&I NEER S GERTI F I GAIT I ON O 8$ DCCOttAGE CO al FAME �6 m w . I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR 5EWAGE 53.12 47 / / ��' Y AME 'Sing �7 D DISPOSAL SY5TEM(S) FOR TH15 PROJECT WERE DE5I6NED BY ME N g5.49 / 5 4"n� SCENIC EASEMENT ( ,STORY FRAME 's c'O Y AGE 7 77 OR UNDER MY DIRECTION. BASED UPON A CAREFUL AND THOROUGH 4 Con"` 79 ° 511JDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL c C) W \. aO LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK COUNLY N DEPARTMENT OF HEALTH SERVICES CONSTRUCT STAND 5 IN �\Q 18' EFFECT AS OF THIS DATE. Epp \ / LO 14, N �'.. �6l GjP LIMIT OF��\ WETLANDS 13'20. E N �0'�'/ •�/ 1 STORY FRAME �s��Dd ��O/ / \ '�tt�E _ � //yg N 5541.44C42 ACE /5 �F .,.�.,,n 1 e/ >/"!W N' .� Ie.t, Ii is ! � �"E 74 ems ' "b z / All HOWARD W. YOUNG, N.Y.5. L.S. NO. 458a3n N � � ��,.,� I � � �• I � THOMAS G. !✓VOLPERT, N.Y.S. P.E. NO. 61483 N.Y.a. P.E. NO. 008 a ,. �A' L�O!JGL_AS F. ADAMa, `" q; WETLANDS LANE ' ER �s SUR.',lEYOP�'S GE'IQTI IG, TI®�1 ISH W NI 1 STORY F S�A p H o, L� ,8 r S �Kf _� - -!",��,� \ \ ,,,,,_ / I I HEREBY CERTIFY THAT TH15 MAP WA5 PREPARED UTILIZING 1 26 OTp A AMf �( /' BOUNDARY AND TOPOGRAPHICAL SURVEYS MADE BY US AND/OR 0 29 p�� Q \\ / / �s�� �8 UNDER OUR L7IREGTION. ORi i�/•fi ..\ . . /'' LE LANE y���h ACCESS 4 PARKI 6 AREA' v I43 AR ;�AgyE O gk� W `4, a\•i� V�II. �F ` fi �q o I II I_I "G oo TST ['. tJ 1 STORY FRAM': T 14'GROl COTTAGE AME � OI GE 24 21 _ _ ccDn`sru,E Ot 41 C M HOWARD W. YOUNG, N.Y.S. L.S. NO. 45f3g3 ` 4 "�:-'L...'�`�'`�`` • 23��NE PARKIt RE O i ® O 'tlUN�T 23 GARS O Y C ' ENTER LIFE CARE GOMMUN I TY EXPAN51 ON PGON I G L. N�i N� ,�T 50UT ®�1�T SCOR r y7Qer� 1`�TtACE ., 1 rtt. . O '� o N�� i O o0 '�7 DAGEf 1 S1DRY FRAME 2(J L '4 \ COTTAGE 19 a ��� \ _ ��� o ' �_ „ a� ,' �� at Greenport, Town of Southold Suffolk County, New York N O STORY FRAM �V ��� - _ ' .-' I �� O N 16 ° N / Y LANE I / 1 1 oN M SURVEY 4 5 I TE LAYOUT OSPRE 1a,0 O County Tax Map District 1000 Section 055 Block OI Lot 25 FRAME 1 O_ 1 STORTTAGE 1 �FAME '1 1 1 0 11 II FCC O / ' MAP PREPARED JUN. la, 2012 15 Record of Revisions E 6 �f n �,q 41 v Y SAME N W RECORD OF' fi�.E�/(StONS DATE T sTDR I �4 g• L� '�E o TTA 14 I�IEMORREY NEW DROP-OFF e� o ,� RECEIVED r=iJNiT 23 CARSG AREA /. . '� /j ,�TAE ^ AUG I 2017 — (1) Y FRAME 'S C.On GE SECURE '� POND T sTORrFRAME 1 5,TTAGE 1 O WANDERING Q / / 0 DOITACE CI AREA THY 8 � � o o BOARD OF APP 1LS L 7 / ,' ,' ST�r �.� 100 O 50 100 200 500 WETLANDS � Scale: 1" = 100' LIMIT OF�� / /' e JOB NO. 20112-0155 S!aY FAM .rGR `— 1 ,�� / i WFTI ANn� / :C DWG. Q70240_2012_0133_sitepIon I OF 6 O = MONUMENT 5-T = MONUMENT FOUND Q= STAKE 5ET = STAKE FOUND (1)UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A MOAT10N OF SECTION 7209 OF THE NEW YORK STATE EDUCATION'-,W.(2)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES '^E FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION4 OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE• NY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE PEES OF THE LENDING INSTITUTION.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIC)IS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)&CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. AME � -..1-- y _��i �❑` _ ' .`d �� /O ❑ M \ /O / A ��� ° 400 Ostrander Avenue Riverhead New York IIQOI T SIT,c AFRAME GE T sT�n 0 m , t ' /J 17 / 18 .AwE 1 STORY FRAME \ ,, 1 - ` N 7 / / tot. 6 8 CO ACE ' O(�� ❑\ ti�l� / ° 41: r/! i 8 31 127 2303 fax 631 72 T 0144 19 O �� �\ r< 47 / i odmin@youngengineering.com N e \ I ITORY 16 LANE e Q�'� � , 'V "o° Howard W. Young, Land Surveyor OSPREY 2 �� I 1 8 o Thomas G. Wolpert, Professional Engineer Ujtq 4,� ���' ❑ �\ 11 ff`c� ❑ Douglas E. Adams, Professional Engineer O �O \ FRAME ♦� .' e � Robert G. Tast, Architect 1'rtT�OTTAGE � � 1 SIC", � ME Y T STORY FRAME AG COTTAGE ^�o 12 y z ❑� e °Sri FcRF�, y�11 c I I 62`�A�'` � I I q non iv>=w I I NF '''�. �' 51 TE DATA 14 MEMORY ❑ i i s7 CARE NEW DROP-OFF // �d h O ---- PARKING AREA O , ti8^ p s UNIT,',' 23 GARS / \ / / s7 / / CO TOTAL_ AREA = 144.-1705 AGRE5 o — o / I i i 60 � AME / * APPLICANT m YFRA,)E GDtF SECURE POND i/ iSTLMYFRA ,sue ATEb = PEGONIG LANDING corrAGE uE con 10 WANDERING 0 8 g AREA / c`p ` 1500 BREGHNOGK ROAD �OP/ r• / �� /� ;$^ o o° GREENPORT, NEW YORK 11,144 / / • pV� \WETLANDS (o i (0 * ZONING USE DISTRICT = HD $ R-8O LIMIT OF� 6 NP�ER V / WETLANDS �eTb, AIL N F ST�tT �. / fir 4, T STORY FRAME O Q DDTT FRAMEA 1 STORY FRAME —� W �.----- \ e // ,� CO)TgM/E• \qA/ �, /.. �L S •Y 4 ENT UNE I m a----- -e S co SCENIC EASEM Sb4Gil o Q' \ \ elf? lo STORY FRAME COTTAGE =4/ HWM _ 1 \ 5� Sng1uE °oM �0 2 0 p ❑ ❑I POND ) If t POND(60 00 \ POND I ` . • ` ❑ - � OD N 65'050" E 376.40' LIMIT OFF _ N WETLANDS \ / POND �C4� I 1 ` .9 \ ' / ❑ V. PUBLIC WATER O� \ SUPPLY FACILITY I Q� 41 �H61 h ENC9INEER'5 CERTIFICATION POND —�1 `� • I HEREBY CERTIFY THAI' THE WATER SUPPLY(5) AND/OR SEWAGE SCENIC EASEMENT o D 15P05AL S/Y5TEM(5) FOR TH 15 PROJECT WERE DESIGNED BY ME �• S 7649'�0" W 0o OR UNDER NAY DIRECTION. BASED UPON A CAREFUL AND THOROUGH o � � 155.11' o STUDY OF TIHE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL (A CNFORM TO THE SUFFODEPARTME HOOF HEALTH SERVICES GONSTR CD T7 TAND S IN EFFECT AS .OF THIS DATE. ^ F '° '`�:a ZoCD F .YLyt ° SANITARY SEWERIlePt PUMP STAInON I CbTALMf W ° O I HOWARD W. YOUNG, N.Y.5. L.S. NO. 458a3n 's THOMAS G. JNOLPERT, N.Y.S. P.E. NO. 61483 o �p I DOUGLA5 E. ADAMS, N.Y.S. P.E. NO. 508u7 5URVEYOR'5 GERTI E I CATI ON 0s � SCENIC EASEMENT LINE A WELL S s5*47'10" W 213.37' z o C- ~ I HEREBY CERTIFY THAT TH15 MAP W D AS PREPARE UTILIZING 01 3 w BOUNDARY AND TOPOGRAPHICAL SURVEYS MADE BY US AND/OR o �LIJ UNDER OUR VIREGTION. V) N o o now or formerly `� < Fronk i Q M Justn McIntosh w zl YN' tiY.' , O Q U N LO o rn 0 N Lii i r• (� � of 61.. now or fo b HOWARD W. � Mark Ander onrl& � � �, _.. ' Leann Ander o I O I z 3 0 rn w ° O m� I D o LIFE CARE GOMMUN I TY EXPANSION ° ° FELON 10 L.AND I N& AT 5OUTHOLD v / o 0- 3 N °� E ❑ at Greenport, Town of Southold w I CIO Suffolk Gounty, New York CID / I SURVEY 4 51 TE LAYOUT N 3 I C N rn - c / County Tax Map District 1000 Section 055 Block 01 Lot 25 0 0 � a --� - - - - - - - - - - - - - - - - - - MAP PREPARED JUN. lQ, 2-012 89. 4 S 6651 20 W 634.76 Aw MAIN ROAD (N.Y.S. RTE. 25) Record of Revisions - - - 9 RECORD OF REVISIONS DATE I I )�/LV I I Q a RECEIVED AUG 7 2017 = --- m 100 O 50 100 200 500 BOARD OF APPE LS Scale: I" = 100' ' a Be JOB NO. 2012-0133 = MONUMENT SET ®= 1-I0NUMENT FOUND 0= saTAKE 5ET AL= 5TAKE FOUND DWG. a?02oi0-2012_0133-sitepIon 2 OF 6 NO. DATE REVISION FINAL WA REVIEWED BY I-7.BA SEE DECISION # 0---) DATED U\ SEAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7L............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNEXCAVATED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . * ' *. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STORAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................................................................................................................................................ .. . . . . ......................................................................................................................................................... .........................................................I......... KEY PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -6-1685,SF .......I..... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ............ 7 2,460 SFPerkins Eastman . . . . . .. .. .. .. .. . . . 0 115FIFTHAVENUE . . . . . . . . . . ' . . EXAU.ST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FO . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . .13 . . . . . . . . . . . . . . . . . .0 . . . . . . EC.1- NEW YORK,NY 10003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TECE T. 212.353.7200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F. 212.353.7200 0. . . . . . 16, . . . . . . . . . . . . . . . . . . . . . . . . . ./. . . . TMSH - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Owner: PECONIC LANDING . . . . . . . . . . . BOIL. 1500 BRECKNOCK ROAD qT '8' T'0*k'AO' E-7. .. GREENPORT, NY 11944 U . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . Construction Manager: TBD STREET ADDRESS CITY, STATE,TEL.# Civil/Site: YOUNG & YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NY 11901 Interiors: BRIDGET BOHACZ & ASSOCIATES 810 LANDMARK DRIVE, SUITE 120 GLEN BURNIE, MD 21061 Structural: JENSEN BRV ENGINEERING 1653 E. MAIN STREET ROCHESTER, NY 14609 MEP: KOHLER RONAN ENGINEERING 301 MAIN STREET PARKING GARAGE PLAN DANBURY, CT 06810 SCALE:1/16" V-0- PROJECT TITLE: PECON IC LANDING ADDITIONS 1500 BRECKNOCK ROAD GREENPORT, NY PROJECT No: 33123.00 DRAWING TITLE: INDEPENDENT LIVING PARKING GARAGE PLANS SCALE: 1/16"=1'-0" Am V NOT FOR CONSTRUCTION ISSUED FOR PRICING ONLY JUNE 11, 2012 NO. DATE REVISION O O POOL LINE OF EXISTING MEN'S COMMUNITY CENTER FINAL i` ; 6 5 4 3 2 1 LOCKER REVIEWED a` ZBA UNIT C UNIT C UNIT C UNIT C UNIT C� UNIT C o 0 o OME ' ROOM SEE DECISION # (^ � 1100 sf 1000 sf 1000 sf 1100 sf 1000 sf 1000 sf COVERED L ER DATEDPORCH ROOM OFF a -0 0 1 OF SEAL -7 ( 1 CAFE FITNESS 1 ,400 sf P00 2 CENTER5 A M 1 ,230 sf o T EXISTIN FRn _ o ® o o ® o AEROBICS S ELEC./ HSKP ® ® HSKP ROOMELE COMMUN I 740 sf 0 ( �z AIL� � ®0 M CENTER N .0 o KEY PLAN 0 CLASSROOM i� -- - ELEC./RES.STG. TELE 765 sf LOADING BACK Perkins Eastman o AREA OF 115 FIFTH AVENUE LOBBY NEW YORK,NY 10003 T. 212.353.7200 CLASS HOUSE F. 212.353.7200 755sf STG EGETATE XFETL 0 0 COVERED BUFFER PORCH VEST EMERGENCY Owner: 8 9 � 0 GENERATOR 11 00 BR CKPECONIC NO LANDING ROAD 7 GREENPORT, NY 11944 UNIT UNIT UNIT 11 12 0 0 0 0 0 0 Construction Manager: 1100 sf 750 sf 750 sf 10 UNIT C COOLING TBD UNIT B UNIT B STREET 1000 sf STREET ADDRESS TOWERS CITY, STATE, TEL.# 850 sf 850 sf Civil/Site: YOUNG & YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NY 11901 TO Interiors: PARKING BRIDGET BOHACZ & ASSOCIATES 810 LANDMARK DRIVE,SUITE 120 GLEN BURNIE, MD 21061 TRANSFORMER Structural: JENSEN BRV ENGINEERING 1653 E. MAIN STREET OROCHESTER, NY 14609 4 MEP: KOHLER RONAN ENGINEERING 301 MAIN STREET DANBURY, CT 06810 PROJECT TITLE: 13 29 PECONIC PARKING LANDING ® SPACES ADDITIONS 1500 BRECKNOCK ROAD ® GREENPORT, NY © PROJECT No: 33123.00 DRAWING TITLE: INDEPENDENT LIVING 0 FIRST 0 FLOOR PLAN � l SCALE: 1/16"=1'-0" PON TO- I CO) NOT FOR CONSTRUCTION FIRST FLOOR PLAN ISSUED FOR PRICING ONLY SCALE:1/16"=V-0^ J U N E 11, 2012 s NO. DATE REVISION O F MAP ED BY ZBA ISION I��� - SEAL 7 6 5 4 3 2 UNIT D UNIT C UNIT C UNIT D UNIT C UNIT C UNIT D 1100 sf 1000 sf 1000 sf 1100 sf 1000 sf 1000 sf 1100 sf Perkins Eastman 115 FIFTH AVENUE NEW YORK,NY 10003 T. 212.353.7200 10 F. 212.353.7200 0 0 T MECH HSKP � ® HSKP MECH' Owner: PECONIC LANDING 1500 BRECKNOCK ROAD ® GREENPORT, NY 11944 0 ® 0 MECH MECH 0 0 Construction Manager: 0 o JQD 0%4 TBD —1 STREET ADDRESS CITY, STATE,TEL.# L. W, ELEC./ Civil/Site: TELE YOUNG & YOUNG 400 OSTRANDER AVENUE TRASH RIVERHEAD, NY 11901 Interiors: BRIDGET BOHACZ & ASSOCIATES DFFTI�� 810 LANDMARK DRIVE,SUITE 120 RES.STG. GLEN BURNIE, MD 21061 Structural: LLJENSEN BRV ENGINEERING 9 10 1653 E. MAIN STREET 8 UNIT A UNIT A 14 ROCHESTER, NY 14609 UNIT D 11 12 13 MEP: 1100 sf 750 sf 750 sf UNIT C UNIT B KOHLER RONAN ENGINEERING UNIT B UNIT B 1000 sf 850 sf 301 MAIN STREET 850 sf 850 sf DANBURY, CT 06810 PROJECT TITLE: PECONIC LANDING � SECOND AND THIRD FLOOR CLAN ADDITIONS 1500 BRECKNOCK ROAD GREENPORT, NY PROJECT No: 33123.00 DRAWING TITLE: INDEPENDENT LIVING SECOND AND THIRD FLOOR PLAN SCALE: O� PLO Q�0 NOT FOR CONSTRUCTION ISSUED FOR PRICING ONLY JUNE 11, 2012 NO. DATE REVISION till HIIE�EIH HEMH LLI F-M:�� -- , = ;i�U!� JE El IF I � IfpI I FINAL MAP REVIEWED BY ZBA MM SEE DECISION # �1 III Will DATED SOUTH ELEVATIION ELEVATIION SEAL 4 SCALE:3132"=V-0" KEY PLAN . . . . . . . . . . . . . Perkins Eastman AM- ` - 115 FIFTH AVENUE I I NEW YORK,NY 10003 I T. 212.353.7200 F. 212.353.7200 ?I1E V Owner: LEE EIM PECONIC LANDING I 1500 BRECKNOCK ROAD GREENPORT NY 11944 Construction Manager: TBD I STREET ADDRESS � 3 V -LLCITY, STATE, TELX Civil/Site: _..-_�---- _.::. .::..-..._ _ -W..__. w.._ YOUNG &YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NY 11901 Interiors: NORTH ELEVATIION BRIDGET BOHACZ & ASSOCIATES 3 SCALE:3/32"=V-0" 810 LANDMARK DRIVE, SUITE 120 GLEN BURNIE, MD 21061 Structural: JENSEN BRV ENGINEERING 1653 E. MAIN STREET ROCHESTER, NY 14609 MEP: KOHLER RONAN ENGINEERING 301 MAIN STREET ROOF PEAK DAN B U RY, CT 06810 4T-8" PROJECT TITLE: 111111111111111111119111111 till III PECONIC ROOF TRUSS BEARING LANDING 0 +290 ADDITIONS E=__ I L11 � — d THIRD FLOOR FINISH FLOOR +20'4" 1500 BRECKNOCK ROAD 4 GREENPORT, NY 0 .. _. .. .m. I�" PROJECT No: 33123.00 IL LOBBY SECOND FLOOR FINISH FLOOR +10'•0" CAFE LIFE LONG COVERED PORCHFR== DRAWING TITLE: 0 LEARN ING INDEPENDENT LIVING OMNI A ELEVATIONS FIRST FLOOR FINISH FLOOR +0,-0., '4 a 2 EAST ELEVATIOIN WEST ELEVATION GARAGE FLOOR SCALE:3/32"=1'-0" SCALE:3/32"=1'-0" — /� SCALE: 3/32 -1 0 -10'-6" ALM � P Pt��O NOT FOR CONSTRUCTION ISSUED FOR PRICING ONLY JUNE 11, 2012 NO. DATE REVISION FINAL MAP REVIEWED BY ZBA SEE DECISION # _05q DATED / �L SEAL �i KEY PLAN ROOF PEAK Perkins Eastman 13'-B" 1 NEW YORK,NY 10003 ,� T. 212.353.7200 F. 212.353.7200 ROOF TRUSS BEARING +29'-0• 4 Owner: PECONIC LANDING THIRD FLOOR FINISH FLOOR 150 +zo-0 GREENPORT, NY 11944 RESIDENTIAL STORAGE Construction Manager: TBD SECOND FLOOR FINISH FLOOR STREET ADDRESS COVE ED PORCH TRASH ELEV. ELEV. RESIDENTIAL b CITY, STATE,TEL.# ROOM LO BY UNIT CivilSite: FIRST FLOOR FINISH FLOOR YOUNG & YOUNG .07 400 OSTRANDER AVENUE a RIVERHEAD, NY 11901 Interiors: GARAGE FLOOR BRIDGET BOHACZ & ASSOCIATES 810 LANDMARK DRIVE,SUITE 120 GLEN BURNIE, MD 21061 Structural: JENSEN BRV ENGINEERING U`29'� SECTION ROCHES EIR, NY 14609 STREET 1'SCALE:1/16"= -0" MEP: KOHLER RONAN ENGINEERING 301 MAIN STREET DANBURY, CT 06810 PROJECT TITLE: PECONIC LANDING ADDITIONS .......... 1500 BRECKNOCK ROAD ............ I�--MI.I GREENPORT, NY PROJECT No: 33123.00 DRAWING TITLE: EXISTING POOL AEROBICS ROOMF LIFETIME CAFE ELEV MAIL RESIDENTIAL CORRIDOR INDEPENDENT LIVING LEARNING CENTERL E BUILDING SECTIONS �SECTION SCALE: 3/32"=1'-0" SCAL.E:1116"=V_0" P�5 ® J PSG P,�Q� OQ�O NOT FOR CONSTRUCTION ISSUED FOR PRICING ONLY JUNE 11, 2012 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 4, 2012 RECEIVED Zoning Board of Appeals Southold Town PO Box 1179 Cr Z�1� Southold,NY 11971 BOARD OF APPEALS Attn: Vicki Toth Re: Peconic Landing at Southold,Inc. -#6591 Dear Ms. Toth: I'm enclosing the yield calculation prepared by Howard Young and Thomas Wolpert, Young & Young, of Riverhead. That firm is preparing a site plan for the Peconic Landing expansion. Please note that Peconic Landing has the following units: Existing: 250-residential units-26- assisted care-44- skilled nursing=total-320 Proposed addition:44-residential units-17-skilled nursing-16 memory care total after addition 393. Based upon four(4)units per acre as permitted in HD District,the proposed expansion is well within the permitted yield. Very truly yours, ��� � ► ' Charles R. Cuddy CRC:ik Enclosures Site pan & Yield Calculations prepai qCmu for 0q/1 � P N ECO IC LANDING RECEIVED at Greenport, Town of Southold, New York SCTM NO.: 1000-35-1-25 OCT - 4 2pt� Site Data BOARD OF APPEALS Total Land Area 6,306,216 sq. ft. or 144.7708 acres R-80 Zoning Use District Area = 541,734 sq. ft. or 12.4365 acres Scenic Easement Area A = 266,085 sq. ft. or 6.1085 acres Scenic Easement Area B = 1,386,122 sq. ft. or 31.8210 acres Scenic Easement Areas A & B = 1,652,207 sq. ft. or 37.9295 acres Yield Calculations Total Land Area = 6,306,216 sq. ft. or 144.7708 acres Less R-80 Zoning Use District Area = - 541,734 sq. ft. or 12.4365 acres Less Scenic Easement Areas A & B = - 1,652,207 sq. ft. or 37.9295 acres Net Area Available for Yield = 4,112,275 sq. ft. or 94.4048 acres Allowable No. of Units 4,112,275 sq. ft. _ 40,000 sq. ft. x 4 units per 40,000 sq. ft. = 411.2 units Prepared by: 4mdu Pq- Howard W. Y u /g, L.S. Thomas C. Wolpert, P.E. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIPPING AVENUE RIVERHEAD,NEW,YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 30, 2012 S� Leslie Kanes Weisman, Chairperson RECEWED Zoning Board of Appeals DEC Q 201� Southold Town PO Box 1179 Southold,NY 11971 BOARD OF APPEAL Re: Peconic Landing at Southold,Inc. Dear Ms. Weisman: Enclosed please find eight(8) copies of the Memorandum of Understanding Peconic Landing and Ureenpork Fire Department/Rescue Squad. This is submitted pursuant to the request made at the hearing to provide a protocol for fire and emergency situation at Peconic Landing. I believe submission of this Memorandum satisfies the Board's request but we are ready to answer any additional concerns that the Members of the Zoning Board may have. Very truly yours, NMG Charles R. Cuddy CRC:ik Enclosures !f I Memorandum of Understanding Peconic Landing and Greenport Fire Department/ Rescue Squad S7c7,1 RECEM DEC 0 3 2012 BARD OF APPEALS 1. Communic8tion • Greenport Fire Department and Peconic Landing will review and monitor ongoing 911 emergency response situations on monthly basis to identify and address any developing issues of concern in order to maintain a positive working relationship. • Continued direct communication between Peconic Landing staff and Chiefs of Greenport Fire Department will be on a day-by-day basis for all Emergency situations or events planned by Peconic Landing. • Notification will be submitted in writing or direct phone message to Chiefs by Peconic Landing staff of any non-scheduled events or infrastructure emergencies as they occur. • Peconic Landing is committed to open communication with the Greenport Fire Department/ Rescue Squad to ensure the safety and security of our residents as well as a positive experience for the volunteers. 2. Emergency (911) calls/ Non- emergency calls • Emergency calls at Peconic Landing will be activated by the local 911 emergency phone system. • Peconic Landing will maintain a contract with and utilize a commercial transport ambulance company for non- emergency calls. • Non-emergency or physician ordered transports to the hospital will be evaluated by staff. Availability and anticipated response time will impact the determination to utilize commercial transport or 911. i 3. Peconic landing Staff • Peconic Landing is committed to the safety and security of our residents. As a requirement of the job description, all Facility/ Security staff are to be certified in the following procedures: a. American Heart Association CPR/AED adult, child and infant. b. First Responder First Aid. c. New York State Security Training. d. Blood Born Pathogen. Submitted By: Darryl Volinski, Director Environmental Services Peconic Landing JI Date Ir Chief Greenport Fire Department Date /- Z FIRE PROCEDURES PECONIC LANDING GREENPORT, NY Revised: June 2012 This document is copyrighted unto the laws of the United States. Unauthorized use,duplication or reproduction, including use of electronic means, is prohibited by law without the express permission of Russell Phillips& Associates, LLC 0 Russell Phillips&Associates, LLC-2012 5� 1 INDEX GENERAL FIRE PROCEDURES...........................................................................2 DEPARTMENT-SPECIFIC FIRE PROCEDURES ActivitiesDepartment................................................................................... 5 Administrative Offices ..................................................................................6 Dietary ......................................................................................................... 7 Facilities....................................................................................................... 12 Housekeeping ...... 9 ........................................................................................ Laundry........................................................................................................ 10 Nursing ........................................................................................................ 13 Charge Nurse Responsibilities................................................................ 16 Director of Nursing Responsibilities ........................................................ 18 PT/OT.......................................................................................................... 11 Receptionist.................................................................................................. 19 Visitors......................................................................................................... 20 Volunteers....................................................................................................21 RESIDENT FIRE PROCEDURES..........................................................................22 GENERAL FIRE PROCEDURES I... IF YOU DISCOVER A FIRE: R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone, placing residents into rooms. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources (bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities. 3. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building and Apartments. II... RESPONSE TO THE ALARM ON HEARING "DR. RED" BEING CALLED OUT A. Staff in the Immediate Area: • Activate the fire alarm • Assist in the evacuation of the fire room and close the door to the fire room • Close doors and windows to remaining rooms in the fire zone, placing residents into rooms. • Clear corridor of equipment - Do not place equipment into occupied resident rooms B. Reception/ Facilities/ Charge Nurse or Designee: • Page location of fire • Place back-up phone call to the fire department (911) NOTE: If you are notified by telephone (and no fire alarm was sounded) - notify/send someone to the area to pull the fire alarm. June 2012 2 C. Administrator, Director of Nursing, Nursing Supervisor, Facilities: • Respond to the fire area D. Director of Nursing/ Nursing Supervisor: • Set up Control Station. The Control Station will be responsible for directing additional staff to the fire area or to other areas within the building, as necessary. The Control Station will be located as follows: Resident Care Area: Nurses Station Non-resident Care Area: Nurses Station • Verify headcount of residents and staff evacuated from the fire area. Report results to the Command Post (Administrator/Fire Chief). • Communication with Command Post will take place by means of runner or radios. E. Administrator: • Establish a Command Post if evacuation of rooms other than the fire room is taking place. The Administrative Command Post will be set up at the fire department's Incident Command Post location. • Verify that a headcount of residents and staff has taken place from the fire area. Inform the Incident Commander (Fire Chief) of the results. NOTE: Communication between the Control Station and the Command Post will take place by means of runner or radios. F. Reception/ Facilities: • Meet the fire department and inform them of the entry door that will bring them directly into the fire area without going against the resident evacuation flow, per attached floor plan. G. All Other Staff: • Follow department-specific procedures. III... EXTENDED EVACUATION: GENERAL CONCEPT: • First stage of resident evacuation will be horizontally past the fire/smoke door. • Non-resident departments will evacuate to the department's designated evacuation site. • If evacuation of the building is necessary, this shall take place from the non-fire side of the building, using the exit farthest from the fire. Building evacuation will be a fire department/administrative decision. See the appropriate section of the Emergency Preparedness procedures. • See Department-Specific Procedures June 2012 3 DEPARTMENTAL FIRE PROCEDURES June 2012 4 DEPARTMENTAL FIRE PROCEDURES ACTIVITIES DEPARTMENT I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone, placing residents into rooms. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources (bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. Report fire to the person in charge. 3. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building.and Apartments. 4. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities. II... EVACUATION SITE: BEYOND NEAREST SET OF BARRIER DOORS NOTE: Upon arrival at evacuation site, the person in charge of the department shall verify that all staff and residents are accounted for. Report results to the Control Station. III... IF ALARM SOUNDS FROM ELSEWHERE IN THE BUILDING • Remain in your area and await further instructions. If not in your area, report .. back. • Close doors and windows in your area • Account for all staff and residents. Be prepared to report the results to the Control Station. • If with residents, remain and reassure them until further instructed. June 2012 5 �5� I DEPARTMENTAL FIRE PROCEDURES ADMINISTRATIVE OFFICES I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources (bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. Report fire to the person in charge. Go to your evacuation site. If you are out of your department, report to your evacuation site. 3. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building and Apartments. 4. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities. II... EVACUATION SITE: HEALTH CARE CENTER RECEPTION NOTE: Upon arrival at evacuation site, the person in charge of the department shall verify that all staff and residents are accounted for. Report results to the Control Station. III... IF ALARM SOUNDS FROM ELSEWHERE IN THE BUILDING Remain in your area and await further instructions. If not in your area, report back. • Close doors and windows in your area. • Account for all staff. Be prepared to report-the results to the Control Station. • Department Heads respond to fire area. June 2012 6 DEPARTMENTAL FIRE PROCEDURES DIETARY I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone; shut down equipment. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources (bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. There is an automatic fire suppression system protecting cooking surfaces and exhaust duct work. If there is a fire under the exhaust hood, pull the emergency release handle to activate the system as you are evacuating. Fire extinguisher is a secondary means for addressing a fire on the cooking surface. Use a lid to cover a small pan fire that you know you can put out. 3. Report fire to the person in charge. Go to your evacuation site. If you are out of your department, report to your evacuation site. 4. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building and Apartments. 5. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities: June 2012 7 Continued: Dietary II... EVACUATION SITE: BEYOND NEAREST SET OF BARRIER DOORS OR AS INSTRUCTED BY CHARGE NOTE: Upon arrival at evacuation site, the person in charge of the department shall verify that all staff and residents are accounted for. Report results to the Control Station. If residents are in Dining Room at time of fire, assist with evacuation of residents beyond the nearest set of barrier doors, or as instructed by charge. III... IF ALARM SOUNDS FROM ELSEWHERE IN THE BUILDING • Remain in your area and await further instructions. If not in your area, report back. • Close doors and windows in your area. • Begin shutting down equipment. • Account for all staff and residents. Be prepared to report the•results to the Control Station. • If residents are in Dining Room, staff will remain with residents to reassure them. June 2012 8 5 DEPARTMENTAL FIRE PROCEDURES I HOUSEKEEPING I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone, placing residents into rooms. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources (bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. Report fire to the person in charge. Go to your evacuation site. If you are out of your department, report to your evacuation site. 3. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building and Apartments. 4. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities. II... EVACUATION SITE: AS DIRECTED BY CHARGE NOTE: Upon arrival at evacuation site, the person in charge of the department shall verify that all staff and residents are accounted for. Report results to the Control Station. III... IF ALARM SOUNDS FROM ELSEWHERE IN THE BUILDING • Close doors and windows in your area, and clear your cart from the hall. • Report to the charge nurse of the area in which you are working and await further instructions. If not in your area, report to the nearest Nurses Station. • If you are on a Unit, report to the Unit Nurses Station and follow instructions from the Charge Nurse. If not on a unit, report to Activities and wait for further instructions. June 2012 9 DEPARTMENTAL FIRE PROCEDURES LAUNDRY I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone, placing residents into rooms. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources (bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. Report fire to the person in charge. Go to your evacuation site. If you are out of your department, report to your evacuation site. 3. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building and Apartments. 4. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities. II... EVACUATION SITE: AS DIRECTED BY CHARGE NOTE: Upon arrival at evacuation site, the person in charge of the department shall verify that all staff and residents are accounted for. Report results to the Control Station. III... IF'ALARM SOUNDS FROM ELSEWHERE IN THE BUILDING • Remain in your area and await further instructions. If not in your area, report back. • Close doors and windows in your area. . • Begin shutting down equipment. • Account for all staff. Be prepared to report the results to the Control Station. June 2012 10 DEPARTMENTAL FIRE PROCEDURES PT/OT DEPARTMENT I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone, placing residents into rooms. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources.(bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. Report fire to the person in charge. 3. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building and Apartments. 4. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities. II... EVACUATION SITE: BEYOND NEAREST SET OF BARRIER DOORS, OR AS INSTRUCTED BY CHARGE NOTE: Upon arrival at evacuation site, the person in charge of the department shall verify that all staff and residents are accounted for. Report results to the Control Station. III... IF ALARM SOUNDS FROM ELSEWHERE IN THE BUILDING • Remain in your area and await further instructions. If not in your area, report back. • Close doors and windows in.your area. • Account'for all staff and residents. Be prepared to report the results to the Control Station. June 2012 it 5 DEPARTMENTAL FIRE PROCEDURES FACILITIES I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone, placing residents into rooms. E. Evacuate as directed by person in charge. NOTES: 1. If the fire is small and you know you can put it out quickly, do so using available sources (bed spread, blanket, sheet, fire extinguisher, etc.). Otherwise, do not attempt to extinguish the fire. Shut the door and leave it closed. 2. Order of the above steps is somewhat flexible. However, evacuation of the room's occupant(s) and confinement of the fire shall be the top priorities. 3. Mark the door to the fire room with an orange tag to indicate the fire room should not be re-entered. If the room has been evacuated, additionally mark the door with a yellow tag. Tags for this purpose are stored in the fire extinguisher cabinets in the Nursing Home and at the Main Reception Desk for the Community Building and Apartments. II... AT THE SOUND OF ALARM • Report to the fire location. • Assist in closing doors and clearing halls. • Assist in evacuating residents, as directed by the person in charge of the area. • Shut down utilities, as directed by the fire department. • Report to the Command Post. III... AT NOTIFICATION OR SOUNDING OF ALARM IN THE APARTMENTS Report to the fire location, determine alarm activation., • Assist in closing doors, clearing halls, and evacuating residents, as directed by the person in charge of the area. • Shut down utilities, as directed by the fire department. • If fire is found, ensure alarm activation and alert staff in other building via the emergency phone for assistance. June 2012 12 5 DEPARTMENTAL FIRE PROCEDURES VOLUNTEERS I... IF YOU DISCOVER A FIRE IN YOUR AREA R. Remove anyone in the room while calling out "Dr. Red, location..." for assistance. Close the door to the fire room. A. Activate the fire alarm. C. Close all remaining doors and windows in the fire zone, placing residents into rooms. E. Evacuate as directed by person in charge. II... IF ALARM SOUNDS FROM ELSEWHERE IN THE BUILDING • Go to the person in charge of the area in which you are working and await further instructions. RESIDENT FIRE PROCEDURES June 2012 21 I... IF YOU DISCOVER A FIRE IN YOUR APARTMENT 1. Get out of your apartment immediately. DO NOT take time to remove personal belongings or pets. 2. Shut the door to your apartment. DO NOT take time to lock it. 3. Activate the fire alarm by pulling the pull station located in the corridor at the exit door. 4. Evacuate via the nearest safe stairwell or exit door. II... IF YOU HEAR THE FIRE ALARM, BUT THE FIRE IS NOT IN YOUR APARTMENT 1. Stay in your apartment. 2. Keep the door closed. 3. Close all windows. 4. Wait for instructions from staff or the Fire Department. III... IF THE SMOKE DETECTOR IN YOUR APARTMENT ACTIVATES Whenever the smoke detector in your apartment is activated and there is no fire, notify Facilities. Staff will respond to your apartment to investigate. The detector located within your apartment will not cause the lights and horns to activate throughout the building. IMPORTANT NOTES FOR RESIDENTS TO KNOW: 1. If you encounter smoke while in your apartment and the fire is not in your apartment, stuff wet towels under the door and wait by an open window. Open the window only far enough so you can wave a towel or clothing to alert the Fire Department of your location. 2. If you cannot walk down the stairs, go into the fire-rated stairwell and wait for staff or firefighters to help you. Do not use the elevator. June 2012 22 V/11/2012 10:36 631-853-4044 S C PLANING DEPT PAGE 02 xt �145 COUNTY OF SUFFOLK J \ RECEIVED SEP 1 201Z Steven Bellone BOARD OF APPEALS 9UFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment. September 11, 2012 Town of Southold ZBA PO Box 1179 Southold,NY 11971 Att: Leslie K. Weisman,Chair Dear Ms.Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a natter for local determination as there appears to be no significant county-wide or inter-community impacts. ,A. decision of local determination should not be construed as either an approval or disapproval. Applicant _ _ Municipal pile Number Peconic Landing at Southold,Inc. 6591 Comment: Erosion and sediment control measures should be required during and immediately after construction to insure that stormwater run-off will not carry eroded and other deleterious material into the designated freshwater wetlands located on the subject parcel;and also no stormwater tun- off.resulting from the proposed development should be discharged into these wetlands. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:tk H.LEE DENNI$ON BLDG■100 VETeRANS MEMORIAL HWY,dth FI■ P.O.BOX 6100 0 NAUPPAUGE,NY 11798.0099 (631)853-3191 MAILING ADDRESS: � i NING BOARD MEMBERS xQF so(/r P.O.Box 1179 NALD J.WILCENSKI ��� y�lO Southold,NY 11971 Chair. OFFICE LOCATION: 1 G WILLIAM J.CREMERS Town Hall Annex CA l KENNETH L.EDWARDS G �Q 54375 State Route 25 l JAMES H.RICH III ��� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR "Our , Southold, NY / Telephone: 631 765-1938 J \�1 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM AUG 29, 2012 /--VO BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson U��Q I Members of the Zoning Board of Appeals [1 7 From: Donald J. Wilcenski, Chairman ' Members of the Planning Board Date: August 28, 2012 Re: Request for Comments for Peconic Landing Addition SCTM#1000-35-1-25 ZBA# 6591 Thank you for this opportunity to provide comments. The Planning Board has reviewed the application for a variance for a third story on the proposed apartment building within the existing Peconic Landing development. The subject parcel is zoned HD and the proposed uses appear to be consistent with the Town Code and the Town's Comprehensive Plan, however, the applicant has not submitted a yield plan demonstrating that the proposal meets the yield requirements for the number of proposed new dwelling units. If the application can be shown to meet the Town Code requirements for yield (with a yield plan pursuant to §280-137(5)), the Planning Board generally has no objection to a third story variance being granted for the apartment building. Please be advised, however, that the Planning Board has not yet received a site plan application for this project,and reserves the right to make any necessary changes to the site plan after reviewing all proposals thoroughly. r TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 9, 2012 TO: Charles Cuddy Esq. for RECEIVE® Peconic Landing at Southold Inc. P O Box 1547 Riverhead, NY 11901 A U G 7 2012 BOARD OF APPEALS Please take notice that your application dated June 21, 2012 For permit for a 3 story apartment building addition at Location of property: 1500 Brecknock Rd Greenport,NY County Tax Map No. 1000- Section 35 Block 1 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed 3 story apartment building addition is not permitted pursuant to Article V 280-23 Bulk Schedule; the maximum allowable number of stories is 2 and 1/z. Also, pursuant to Article MV, Section 280-127, Site Plan approval from the Southold Town Planning Board is required. Authorized Signature CC: file, Planning Bd., ZBA Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. RECEIVED AUG 7 2012 Fee:$ Filed By: Assignment No. BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1500 Street Brecknock Road Hamlet Greenport SCTM 1000 Section 35 Block 01 Lot(s) 25 Lot Size 144 acres Zone HD &R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED jIl1 y 9, 201 2 BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Pecon;c Landing at SOuthold. Inc. Mailing Address: 1500 Brecknock Road Greenport, NY 11944 Telephone:'(631)477-380CFax: 477-3900 Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Charles R. Cuddy forEOwnei❑Other: Address: 445 Griffing Avenue, Riverhead, NY 11901 Telephone: 369-8200 Fax: 369-9080 Email: charles.cuddy@verizon.:.net Please check to specify who you wish correspondence to be mailed to,from the above names: Applicant/Owner(s), 51Authorized Representative, ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED:06✓19/12 . ::FOR: Building Permit Certificate of Occupancy ( .)Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: V Section: 9Rn-9,i Subsection: R„11r S(-hPr1„1 P-Number of Storieg Type of Appeal. An Appeal is made for: ®A Variance to the Zoning Code or Zoning Map. A-Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal Xj has,0 has not been made at any time with respect to this property, UNDER Appeal No(s). -5949 Year(s). 2006 . (Please be sure to research before completing this question'or call our off ce for assistance) RECEIVED Name of Owner: LI;AT___,.. REASONS FOR APPEAL{adlditioittil sheets tnity be.tlscd)tyitlr ttrenarer's sisrttuttn e)t AUG 7 2012 AREA VARIANCE REASONS. BOARD OF APPEALS (.1) An undesirable change will not be produced in the CIIARACTER of the neighborhood or a detriment to nearby properties if granted,because: The apartment complex will be constructed on less than 1 acre out of 144 acres, is screened from other properties, and will result in minimal interaction with other properties. The`Jbuilding will be the same height and same numberro,f stories as (2) The benefit sought by the applicant CANNOT be achieved by some method feasible"for theexisting applicant to pursue,other than an area variance,because: apartment building. At 2 stories the building would be unduly extended, would create ant4additional burden on residents and be further away from the Peconic Landing staff. (3) The amount of relief requested is not substantial because: The height at the truss level is appropriate; and the 3rd story is the same as existing apartments. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Disturbance to the site is minimal and extensive areas of the site remain preserved. (5) .11as the alleged difficulty been self-created?ElYes,or DNo. Only in part. The original building was approved as 3 stories and has functioned for more than 10 year; Are there Covenants and Restrictions concerning"this land: E-1No.FXJYC.s(Please furnish copy). This is the MiNIMIJM that is necessary and adequate, and at the same time.preserve and protect the character of the neighborhood and the health,safety;and welfare of the community. Check this box .0 IF A USL-' VARIANCE IS BL-ING RE-QUI STE-1), AAID .PLE 1SE MWPLE7'E VIE A7'7/tCHED USE VARIANCE SHEET. (Please be sure to consult your a rite)".) S_g ,ture of A he t or Authorized Agent j('g nt must SOm �Irit Authorization from Owner) Stivorn to before me thisAO day of 20 Nora—r Pnbrc CHA LES R. UDD Notary Public,c, S ate of New York oualifled in Suffolk County Commission Expires December 31,20 Iq APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:Peconic Landing at Southold, Inc. Date Prepared: I. For Demolition of Existing Building Areas. Please describe areas being removed: None RECEIVED AUGA I I n is 7 2012 II. New Construction Areas(New Dwelling or New_Additions/Extensions): Dimensions of first floor extension: 1§390 BOARD ®F APPEALS Dimensions of new second floor: 13,450 Dimensions of floor above second level: 13,450 Height(from finished ground to top of ridge): 2.9 Y� Roof T.,,sa 43► g► ► to Rnnf Peak Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor: 1►or 9' Above Grn de III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: None . Number of Floors and Changes WITH Alterations: 3 together with underground garage IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 10 acres Proposed increase of building coverage: 2 acres Square footage of your lot: 144 acres Percentage of coverage of your lot by building area: .0833 V. Purpose of New Construction: To add 40 apartments, Memory Care unit and Skilled Nursing Facility VI. Please describe the land contours(flat,slope %,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): . Basically Flat Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002;2/2005; 1/2007 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION F AUG 7 2012 A. Is the subject premises listed on the real estate market for sale? Yes x No BOARD OF APPEALS B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? not near building di ng site 2.)Are those areas shown on the survey submitted with this application? yes . 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: Beyond Jurisdiction of Trustees and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel continuing care retirement community and the proposed use same (ex:existing single family,proposed:same with garage,pool onother) Au&leg signa re a Date QUESTIONNAIRE CONTINUED: CERTIFICATE OF OCCUPANCY There are 253 Certificates of Occupancy for the cottages, apartments, community center, skilled nursing and enhanced living areas. Attached, as a sample, is the Certificate of Occupancy for the Community Center and three (3) third floor apartments. Correspondingly there are multiple Town Property Cards and only a few are enclosed. RECEIVED AUG 7 2012 BOARD OF APPEALS FORM NO. 4 TOWN OF SOUTHOLD RECEIVE® BUILDING DEPARTMENT '` Office of the Building Inspector AUG 7 2012 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-29099 Date: 12/03/02 THIS CERTIFIES that the building COMMUNITY CENTER Location of Property: 1500 BRECKNOCK RD. GREENPORT (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 35 Block 1 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 23, 2001 pursuant to which Building Permit No. 27131-Z dated MARCH 5, 2001 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 COMMUNITY CENTER AT PECONIC LANDING, INC. The certificate is issued to PECONIC LANDING AT SOUTHOLD, INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-97-11 06/21/02 ELECTRICAL CERTIFICATE NO. 1061580 06/26/02 PLUMBERS CERTIFICATION DATED 06/17/02 HARTCORN PLUMBING & HEAT. Au orized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT �5��/ Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. CERTIFICATE OF OCCUPANCY AUG 7 2012 BOARD OF APPEALS No Z-28948 Date OCTOBER 3, 2002 THIS CERTIFIES that the building MULTIPLE RESIDENCE Location of Property 100 BRECKNOCK ROAD-APT #309 GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 35 Block 1 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building. Permit heretofore filed in this office dated DECEMBER 21, 2000 pursuant to which Building Permit No. 27040-Z dated FEBRUARY 2, 2001 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 APT #309 -MULTIPLE RESIDENCE-UNIT- PLAN D AS APPLIED FOR. The certificate is issued to PECONIC LANDING AT SOUTHOLD, INC. (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-97-11 - JUNE 21, 2002 UNDERWRITERS CERTIFICATE NO. 1063270 JULY 11, 2002 PLUMBERS CERTIFICATION DATED JUNE 14, 2002 - HARDY PLUMBING & HEATING r 2v1[' �f�+ Buy l, i g Inspect ' Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD "' BUILDING DEPARTMENTF REOEIVEO Office of the Building Inspector r Town Hall AUG 7 Southold, N.Y. 2012 CERTIFICATE OF OCCUPANCY BOARD OF APPEALS No Z-28949 Date OCTOBER 3, 2002 THIS CERTIFIES that the building MULTIPLE RESIDENCE Location of Property_ 100 BRECKNOCK ROAD-APT #311 GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 35 Block 1 Lot 25 Subdivision Filed Map No. -Lot No. conforms substantially to the Application for Building Permit heretofore. filed in this office dated DECEMBER 21, 2000 pursuant to which Building Permit No. 27040-Z dated FEBRUARY 2, 2001 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 APT #311 -MULTIPLE RESIDENCE-UNIT PLAN B AS APPLIED FOR. The certificate is issued to_ PECONIC LANDING AT SOUTHOLD, INC. (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-97-11 - JUNE 21, 2002 UNDERWRITERS CERTIFICATE NO. 1063270 JULY 11, 2002 PLUMBERS CERTIFICATION DATED JUNE 14, 2002 - HARDY PLUMBING & HEATING r Bu Ing Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD __ev BUILDING DEPARTMENT . 11 Office of.the Building Inspector RECEIVED Town Hall Southold, N.Y. t' AUG 7 2W CERTIFICATE OF OCCUPANCY BOAR® OF APPEALS No Z-28950 Date OCTOBER 3, 2002 THIS CERTIFIES that the building MULTIPLE RESIDENCE Location of Property_ 100 BRECKNOCK ROAD-APT #312 GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 35 Block 1 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 21, 2000 pursuant to which Building Permit No. 27040-Z dated FEBRUARY 2, 2001 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 APT #312 -MULTIPLE RESIDENCE-UNIT PLAN D AS APPLIED FOR. The certificate is issued to PECONIC LANDING AT SOUTHOLD, INC. (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL C10-97-11 - JUNE 21, 2002 UNDERWRITERS CERTIFICATE NO. 1063270 JULY 11, 2002 PLUMBERS CERTIFICATION DATED JUNE 14, 2002 - HARDY PLUMBING & HEATING Buildir4cf Inspector Rev. 1/81 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT PORWEIVED For UNLISTED ACTIONS Only AUG 7 2012 PART I-PROJECT INFORMATION To be completed 72- licant or Project S onsor1. APPLICANT/SPONSOR PROJECT NAME BOARD OF APPEALS Peconic Landing at Southold, Inc. same as applicant 3. PROJECT LOCATION: Municipality GREENPORT County SUFFOLK _ 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 1500 Brecknock Road, Greenport, NY 5. PROPOSED ACTION IS: New 11 Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 40 new apartments in 1•:building, attached to Community Center; Memory Care Center of 16 units, 17 Skilled Nursing Units 7. AMOUNT OF LAND AFFECTED: 2 Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes rA No If No,describe briefly 3-story building 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? RResidential Industrial Commercial ®Agriculture Park/Forest/Open Space Other Describe: Recreational—Golf Course 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ®Yes No If Yes,list agency(s)name and permit/approvals: Approval by NYS Health Department and Southold Planning Board 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ® No If Yes,list agency(s)name and pennittapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ®Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: If the action is in the.Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER: 1 �k, RECEIVE® AGRICULTURAL DATA STATEMENT AUG 7 ZONING BOARD.OF APPEALS TOWN OF SOUT:HOLD . BOARD OF APPEALS WHEN.TO USE THIS FORM.• The form must be completed by the applicant for any special use permit,site plan approval, use variance, or subdivision approval on:property within.an agricultural district OR within Sqo feet.of a farm operation located in agricultural district.-All applications requiring.an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal.Law. 1).Name of Applicant: PPenni c Landing at Smithal d, 'Tnc'_ .2)Address of Applicant: 1500 Breckriock Road, Greenport. NY 11944 3)Name-of Land Owner(if other than applicant).: same as applicant .4)Address of Land Owner: same 5)Description.of Proposed Project: Addition of 40 units apartment complex; 16 Memory;; Care units, >17 Sk:illed Nursing Units 6)Location of Property(road and:tax map number): Breckn ck Road;. SCTM#1000-35-01-25. 7)Is the parcel within an agricultural district. LINo ❑Yes if yes,Agricultural District Number .8)Is this parcel actively farmed?0No..El Yes 9). Name and. address of any owner(s) 'of land Within the agricultural district containing 'active farm opdration(s)'locdted 500 feet of the boundary of the proposed project..(Informationmay be available through . the.Town Assessors. Office, Town Hall location.(765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold.Real Property Tax System. Naive and Address 1.. Jemco Real.ty.Assoc. LLC, PO Box. 67. , •Gr.eenport, NY 11944 (SCTM#1000=35=01-24) 2 4. 5. . 6.. (Please use back side of page if more than six property owners are identified.). The lot numbers may be obtained,in advance,when requested from either the Office of the Planning Board at j 765-1938 or the Zoning Board of Appeals at 7654809. Signa"t re o Applicant Date i Note: . 1.The local board.will solicit comments from.the owners of land identified.above in order to consider the effect of the proposed action on their farm operation.Solicitation will.be made by supplying.a copy of this statement. I Comments returned to the local board will be taken into consideratioti as part of the overall review of this application. 3. Copies.f the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to.the property owners• identified above.The cost.for mailing shall be paid by the applicant at the time.the application is submitted for review.'Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 I APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Cuddy Charles R. , as Agent for Peconic Landing at Southold, Inc. (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. I ) Tax Grievance Variance RECEIVED Special Exception If"Other", 7 ���7 name the activity: AUG Change of Zone 0 Approval of Plat BOARD OF APPEALS Exemption from P at 0 or Official Map Other 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 0 NO 0 Complete the balance of this form and date and sign below 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); QB)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); 0 C)an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP N/A Submitted this day of Signature: Charles R. Cuddv _10f Print Name: � PztCEIVED AUG 7 ?01� .APPLICANT/AGENT/REPRESENTATIVE BOARD pF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The putnose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Ppcnnic Landing at Southold, Inc (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's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building X Variance X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning X Other (If"Other",name the activity.) Do you personally(or through your'company,'spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? ".Relationship"includes by blood,marriage,.or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES".,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold "Title or position of-that person Describe the relationship between yourself(the applicant/ageiit/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. .The town officer or employee or his or her spouse,sibling,parent,or child is(check all that•apply): A)the owner of greater 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 N/A Submitted this o 200/'f- Signature Print Name ert on, rest en CEO Form TS 1 C Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of.Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DECEIVED Q/ B. DESCRIPTION OF SITE AND PROPOSED ACTION AUG 7 2012 7 SCTM# i 000 - 35 - 01 —25 BOARD OF APPEALS The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. ® Board of Trustees El 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital , construction, planning activity, agency regulation, land transaction) FE (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit,approval,license, certification: Nature and extent of action: Peconic Landing at Southold, Inc. building expansion to include 40 residences (apartments), skilled nursing units and memory care units. Location of action: 1500 Brecknock Road, Greenport, NY 11944 Site acreage: I !- 144 acres Present land use: residential; retirement community Present zoning classification: HD District 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Peconic Landing at SOuthold, Inc. (b) Mailing address: 1500 Brecknock Road Greenport, NY 11944 (c) Telephone number: Area Code( ) (631) 477-3800 (d) Application number,if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑X No❑ If yes,which state or federal agency? NYS Health Department DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. 0 Yes .❑ No ❑ (Not Applicable- please explain) Tha proposed additions will with most of the site preserved minimally impact the 144 acre site. It will assist economically by creating new jobs and adding to the economic base through additional real property taxes. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ® Yes ❑ No ❑ (Not Applicable—please explain) The proposed additions will provide further resources for maintenance of historic Brecknock Hall. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes [:d No 0 (Not Applicable—please explain) Existing scenic areas throug out t e site wi a preserved. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes � No En (Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and.improve water quality and supply in the Town of Southold. See LWRP Section III Policies Pages 16 through 21 for evaluation criteria © Yes 0 No 1:d (Not Applicable—please explain) This site is connected to public water and public sewer. There is no anticipated discharged that would contribute to a reduction in water quality standards. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes E No E (Not Applicable—please explain) The expansion will not have an adverse impact on wetlands. Peconic Landing has protected and enhanced existing wetlands helping a diverse wildlife population to flourish. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes F_� No® (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ® Yes ❑ No ❑ (Not Applicable—please explain) Solid waste and hazardous substances will continue to be properly disposed of Pesticides are and will be used in controlled and limited fashion. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeO No® (Not Applicable—.please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria., ❑ Yes ❑ No ® (Not Applicable—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ® Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ® Yes ❑ No 0 Not Applicable—please.explain The proposed expansion will not encroach upon agriculturai lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No © Not Applicable—please explain CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 2, 2012 RECEIVED AUG 7 2Qi2 Zoning Board of Appeals Southold Town BOARD OF APPEALS PO Box 1179 Southold,NY 11971 Re: Peconic Landing at Southold, Inc. Dear Ms. Toth: In connection with the application of Peconic Landing at Southold Inc. to obtain a variance for an apartment building which is to be 3-stories, as is the existing apartment complex,we are enclosing the following in nine ( 9) sets: 1. Application 2. Project description and questionnaire form 3. Transactional disclosure form 4. Recent photos 5. Survey 6. Building plans 7. Agricultural data statement 8. Covenants and Restrictions 9. Town Property Card 10. LWRP form 11. Environmental Assessment form 12. Disapproval Notice 13. Check in the sum of$500.00 Please review the enclosures and advise us when this matter will appear on the Zoning Board calendar. Very truly yours, Charles R. Cuddy CRC:ik Enclosures ��5YI RECEIVED Board of Zoning Appeals Application AUG 7 201? AUTHORIZATION BOARD OF APPEALS (Where the Applicant is not the Owner) 1, Peconic Landing at Southold,InTesiding at 1500 Brecknock Road (Print property owner's name) (Mailing Address) Greenport, NY 11944 do hereby authorize Charles R. Cuddy (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (O er's gnature) Robert J. Syron, residnet/CEO of Peconic Landing at Southold, Inc. Robert J. 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"•c� �� A£�t'��� ,s zvi�� � � '� �€����.f � 'E� Fy .:� �" :ic "�< � ..�a. ,ate•# a ' 4 s'y��,'�.� ,. a'� ;• "����`� t �a� a��`# � ���<� E�:t ��: � : ,� `.a.�s. ; ° 5'�'> ° - y>£._ .�- � ,s•,a„s<�; ?, '`��x ,�.� .<�� .��,;<£ S $b���e �€:. ; ..a° •i:s>,. <a�. �C 9 R�� ,k� ';r. �� •:�-`' �?a''� Y�t :� g.. 5<.��z�:�''•�. ,zip a��`'�gs�� ¢F:.z a,�g, �' V.� �', .€ �,b .'.k � 'a.�F. _':5E< � 7{`? ..�fi;4 1'x.�''.' i 3 3 .;,ax•> .'.ig:Y*A i�`. `� � �E.e` C. } a '�.a `�` %�, 'F;..'»� l� n.<ri<..F,•,.,� t,a..�,.r. •:�.::� � ..a.�. ;`•''t r.. 't. « ��P�;SIuE 9 ��y�,�5 7, ^�} k �,Y :F..�x'� � :;:.C s �` Y .z ~� aX a'y' C z yy''z `��� �� �. �� .:•3 '�",, z 1$ � 1 a;��'"q k"� r '•�h A'. t 5 e• <.,�q A" (yy' �x �,y s y'p.!,EF.� gyge�.'�o cU. � Cl { <� F,. 4' $ c.. rF ,w a}�'' s sg<'- .�' �',� y, ,n: ���?F <•�>g4a a w 1C s .jjtl I r 'f, � ^;�� 5 6 6l4• ,:a k �7w s�� `44' f, a 5 3 T.O0KTNC, WFgT TOWN OF SOUTHOLD BUILDING PERIV kPPLICATION CHECKLIST BUILDING DEPARTMENT Do you have yr heed the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 /q Planning Board approval FAX: (631) 765-9502 j��`� ` Survey Southol'dTown.NorthFork.net PERMIT NO. Check RECEIVE Septic Form N.Y.S.D.E.C. AUG 7 2012 Trustees C.O. Application Flood Pen-nit Examined ,20 BOARD OF APPEALS Single&Separate Storm-Water Assessment Form Contact: Approved ,20 . Mail to: Charles R. Cuddy, ESq. Disapproved a/c 7 fi PO Box 1547, Riverhead, NY 11901 Phone: (631) 369-8200 Expiration ,20 n Building Inspector 11 i Q LICATION FOR BUILDING PERMIT JUN 2 1 2012 Date �� ' , 2012 INSTRUCTIONS 61D6.DEPj• UZHOI.D a. his applic F be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plan , orate 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 in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy: £,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 Comity,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, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Peconic Landing at Southold, Inc. (Signature of applicant or name, if a corporation) 1500 Brecknock Rd. , Greenport, NY 11944 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Owner Name of owner of premises PProni c T andi#1Q at- Southold, Inc (As on the tax roll or latest deed) If applicant is a co, t. n si .. ture of duly authorized officer (Name a title of or rate officer) Robert Syron, President/CEO Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. )l7.1V lAT"�1:= .`'a JT":F 2,.1'.11 JMR)C1 VVIAT01.4 1. Location of land on which proposedr i+ rTc'Wil-P(be'd1 ii6t�7i' ' ''"'Fl t%.014 {,a�4�1 1'{:1ti'itlUi ei:ir•:'iJ :a it??1'iI' 1900 Brecknock odd Greenport House Number Strut... Ham et 25 County Tax Map No. 1000 Sectiori 35 Block 01 Lot Subdivision Filed Map I Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Residential, Life Care Community b. Intended use and occupancy same 3. Nature of work (check which applicable): New Building Addition X Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 40 (underground) 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A * see attached Exhibit A 7. Dimensions of existing structures, if any: Front Rear Depth' Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of 8tori`6,s ; *see attached Exhibit A 8. Dimensions of entire new construction: Front Rear Depth Height Number of Storiesrc..5 �, r 9. Size of lot: Front * see attached Exkieart A Depth 10. Date of Purchase Name,of Former Owner ' 11. Zone or use district in which premises are situated HD District 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO 3 story residenc 13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO X at Southold, Inc. Greenport, NY 14. Names of Owner of premises Peconic Landing Address 1500 Brecknock Rd.Phone No. (631) 477-3800 Name of Architect * - Address Phone No Name of Contractor Address Phone No. * Perkins Eastman Architects PC, 115 Fifth Ave. , NY, NY 10003, (212) 353-7200 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * 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 X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. 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. 18. Are there any covenants and restrictions with respect to this property? * YES NO X * IF YES, PROVIDE A COPY. * covenants placed on part of 144 ac. , but there are no covenants for the area that will bb,::under STATE OF NEW YORK) construction in connection with this expansion ' SS: COUNTY OF SUFFOLK) Robert-J. Syron being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)Heisthe President/CEO of Peconic Landing at Southold, jnc..... . . (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and`is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed.in the manner set forth in the application filed t1lg &G.CARROLL Sworn to before me this NOTARY PUBLIC,STATE OF NEW YORK NO.OICA5009515 SUFFOLK COUNTY �1—day of 20 1-I- TERM EXPIRES MAR i ,20k r Notary Public Signs Lire Applicant APPEALS BOARD MEMBERS �Of so Mailing Mailing Address: Ruth D. Oliva, Chairwoman �0� p�G R� Southold Town Hall 53095 Gerard P. Goehringer Main Road•P.O.Box 1179 James Dinizio,Jr. RECEIoid,NY 11971-0959 Q ffice-:gcation: Michael A. Simon �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��COMM,� A U�4575 0Z Road(at Youngs Avenue) Southold,NY 11971 http:Hsoutholdtown.northfork.WQARD OF APPEALS ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 eT 1 9 FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Cleri MEETING OF OCTOBER 5, 2006 ZB File No. 5949 — PECONIC LANDING, INC. (Brecknock Hall) Property Location: 1500 Brecknock Road, Greenport CTM 35-1-25 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, and issues a Negative Declaration without advertise effects to the environment as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 145+ acres, zoned HD and R-80, and the Brecknock Hall building is located in the R-80 Residential portions of the land, as shown on the site diagram prepared by Donald W. Smith, P.E. (based on information prepared by Young &Young, LS.). BASIS OF APPLICATION: Zoning Code Section 280-22B(4) for Special Exception authorization of uses, proposed within the existing Brecknock Hall building, in part for an apartment, offices and for public space related to conferences, art shows, weddings, and other types of indoor events. Also noted in the Building Inspector's March 9, 2006 Notice of Disapproval confirming that approvals are required for a Special Exception from the Southold Town Zoning Board of Appeals and from the Southold Town Planning Board concerning site plan approval. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 28, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: APPLICANT'S REQUEST: The applicant is proposing to convert 8,000 square feet of the interior of the existing building for office use, for an apartment, and the west section of the building for public space (inside events, parties, receptions, meetings, art shows, concerts). I REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1) The applicant seeks authorization, by Special Exception, to convert the interior floor areas of the existing historic mansion to a single apartment, office areas, and indoor events. After a site visit on September 16, 2006, and discussions at the September 28, 2006 public hearing, the Board finds that the apartment use and offices are appropriate for this grand building. These uses will not in any way alter the Page 2-October 5,2006 Appl. No. 5949—Peconic Landing CTM 35-1-25(Brecknock Hall) character of the neighborhood or district and the activities will fall within the purpose and intent of the provisions listed in Chapter 280-14B(16). 2) Zoning Code Sections 280-14B(16) and 280-22 provides a limitation of three uses per building, and requires that the building be owned and maintained by a not-for-profit historic organization. The uses proposed by applicant will not exceed the limitation of three uses (office use), and in no event will there be more than one apartment under this Special Exception authorization. 3) In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Article XXV and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed fitness facility use and its location. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. BOARD RESOLUTION: In considering all of the above factors and applying the standards under New York Town Law 267, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried to GRANT a Special Exception, as applied for, to convert the interior floor area of existing building for offices, an apartment, and space for indoor public events (art shows, weddings, meetings, and similar indoor activities), as shown on the first floor plan dated 6-27-2005, and second-floor plan dated 5-15-2005, prepared by Martha V. Smith, Architect, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Public entertainment and special events shall be requested in a separate permit application and obtained in accordance with the provisions under Chapter 205 (formerly Ch. 71) of the Town Code. 2. The activities allowed by this Special Exception are: Page 3—October 5, 2006 Appl. No. 5949—Peconic Landing ; CTM 35-1-25(Brecknock Hall) (a) a single apartment of approximately 900 square feet on the east side of the building on the second floor; (b) two public or private offices (instead of the existing two bedrooms) on the west side of the second floor; (c) Use of the entire ground floor or first floor for special functions as rental income, but without habitable space; and (d) Kitchen facilities are permitted for the purpose of limited preparation of food, a warming kitchen, on the first floor. 3. Additional permits (other than this authorization) must be obtained by applicant from the Town of Southold, including but not limited to inspections that may be required by the Town Building Inspector prior to occupancy on the site (any rental, interior or outdoor). 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 OI' (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 10//v,/06 Approved for Filing RECEIVE® AUG 7 2o�z BOAR® OF APPEALS COVENANTS AND RESTRICTIONS FOR PECONIC LANDING AT SOUTHOLD,INC. i I r - t y,f t LIBER 1 O66 PAGE J 1 1 DECLARATION OF PROTECTIVE RESTRICTION r r by ...•.: GUS SCHAD � a DECLARATION made this �f0 day of July, 1971, by GUS SCHAD residing at 5 Arista Drive, Dix Hills, New York, hereinafter called the Declarant: +" WHEREAS, the Declarant is the owner in fee simple of real property which is described in deed dated April 10, 19693 from William J. Pollert and Adrian B. VanRiper to Gus Schad, and which is recorded in the Office of the Clerk of the County of Suffolk in Liber 6533 of Deeds, page 476. WHEREAS, the Declarant has made application to the Town Board + of the Town of Southold, Suffolk County, New York, for a change of zone of the premises described in Schedule l,which is attached } f hereto and made a part hereof., from "A" Residential and Agri- cultural to "B-2." Business. x� Vv F E yyi i f J a RIV \ I RECEIVED AUG 7 2012 'Z BOARD OF APPEALS Gy JK � ilw uS 1' II LIBER 7066 PAGE VS SCHEDULE 1t ' ALL that certain piece or parcel of land situate, lying and : being near Greenport, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of .North Road on, the division line between the southwesterly corner of parcel herein described and the southeasterly corner of land now or formerly of. Time Structures, Inc.; running thence North 41' 39' : V 10" West along lands now or formerly of Time Structures, Inc., 579.18 feet to a point; thence along land of Gus Schad, the following two (2) courses and distances: (1) North 660 36' 4011 . East, 765.20 feet; thence (2) North 650 47' 10" East, 330.84 feet to lands of Schofield and McIntosh; thence South 19' 16' 00" East along lands of Schofield and McIntosh, 550.14 feet to the- north- erly side of North Road; thence along the northerly side of North Road the following two courses and distances: (1) South 650 23' 50" West, 285.49 feet to a point; thence (2) South 66' 36' 40" West, 589.52 feet to the point or place of BEGINNING. E Said parcel contains 12.436 acres. ;t RECEIVE[ AUG 7 2012 Y, W BOAR® OF APPEALS X q { IMF II LIBER 1066 ew.380 �? Y a STATE OF NEW YORK: iv SS. COUNTY OF SUFFOLK: On the /f day of July, 1971, before me personally came' i $, GUS SCHAD, who resides at '5 Arista Drive, Dix Hills, New York, to me known to be the individual described in and who executed I s the foregoing instrument, and acknowledged to me that he er,ecur.-. t i h A the same. � 2 ;; Notary Publi' RISNARD F. LARK NOTARY PUItLIC,State o! Na 52-7432500. New York Suffolk Courtly Commission Expires Mareti 30,tp R ' pr 1;. N�1aa! I a� ;xis t 13 a, .Al r. t 1"q -MEREAS, the Declarant desires to im' _ certain restriction on the use of the said premises as follows: — a NOW, THEREFORE, it is declared that said premises shall be __} ;ry>- subject to the following restrictions which shall run with the land: 1. No new building or structure of any description for any 'business purpose shall be erected on the premises described in ^' Schedule 1 until twenty-five (25) living units are erected on other property of the Declarant which is described in a deed dated April 10, 1969, between William J. Pollert, Adrian B. Van. r Riper and Gus Schad, the Declarant herein, which is recorded in t Liber 6533 of Deeds page 476, in the Suffolk County Clerk's t � Office. � . 2. The Declarant reserves the right to reconstruct, renovate or modify the existing buildings on the premises described in V Schedule 1 herein. 3. Enforcement of these restrictions shall be through a proceeding at law or in equity. 4. These restrictions shall run with the land and shall i1 remain in force and effect until January 1, 2000; and may not.be altered, modified, terminated or annulled by the Declarant, his,' LL successors and .assigns, until after said date. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration -on the day and year first above written. Al i `� .•1��/,'/ �� Ste'`�-a---� Gus Schad >t y dry >h+ :h r� r �k• } �c { i 7 r" •x. ro dry r toy" h . his i to y�s� r�•,. a. ly 1 r' o' cD cr y. _ n rp X' n WN a Mm "Yc ` S'�` a.S:. 3' S' .s."a •l :xx 7 { ; z .i t'._, 7., 377 vf<,!B i 36 py'l l R H.AL9_PTS�'4 CLERK OF FOLK CO'!N1 DECLARATION OF f Y PROTECTIVE RESTRICTION by GUS SCHAD t Dated: July 15, 1971 S7 �r Robert W. Tasker, Esq. 425 Main Street Greenport, New York_ 11944 ' m + ](dy)C7p1S8ddtF� *uRvRMux . g6GbXY �GKOiD� - ]IS6X3(d636Nd5X rr T 1 D k o°p�aan 0 10247 NIMO ''SCLARATiOtt Of i'tWn%ARTS KKD RESTRICT:ORS "! VECLAR?T1C-\ rid— this itth day of KoveaDrr, 1986, by r.R DEVRLO"E1:T a�RP., :Ith principal offices located at 53 Glen Cark'... I + Road, Greeava:a. Nev York, hereinafter called the 'Owner'; 0 o MnF:RFAS, the ?.ner has title to certain land situate, 1;ing ri and ru-t ,4 'IT t, in the. Town of Southold, Costnty of Su:fOYTr ;• and State o' %CW 'iorc, by virtue of a deed dated July IS, 1984 am& z 3 t wh.c-5 .-as rc-cc•rdE i it,, tae Suffolk Cainty Clerk's Off ice on July ' ' ' ' �. fle It � 20, ^He rn i.t:.rr a6nC Pr:v� 5:9, and !s taoet fal , deacr{b.:1 lq { r15 t " _ WFEREA_S, F.c-• 1.111s of -aid lend were t`e subject 'ci a it V s e 1.1 ar. a;.: 1 icat •,fin :ct+rottt,-d to the Scwthold torn PIart•-ing Hoard .. , 'The erg-akers at. Lands End' for site plan a,,.proval; and. fi.+ ::1+t.HtAE, :r{>t•ea[xr 1S, 1986, the Southold Town rlanzing ii•?` S-=-_ — Boa r.I aporc,,t I n.- a-inI i cat&or. for s:t:e Ulan. N:: :�r:xt.F„t:a, •"ne abave-descrihed premises sill) be s•ib}eci, .� t;w follo-iinq .7ovenants a d r�strietionst ''; a. All rrad: within the site plan known as 'The Hrral'eii at. Lan::-; End' , remain private, and will geithe► be offered EO[i.. des_-a;,,:.n tc _n.! ? .7:n :f Southold nor will be under t5,r -,. :�r:a;�t-r.iun :1•r Soit",old Town Highway Department. - I i_ De:-larant does hereby further warrant, ccvrnant and repr.n,•, t tnn !at-? loiny rortrictirrs a•►d agrm-"nt xhn:l bl,_1 tbo X.-I. ` undersi:nP1, its heirs, sucersscrs :nd assigns, and an, and r.11 `w- r 1 ''J' '_- q�� � � � 'J�' aYieL'•- ---per.,. I 1 6 B RL 10247 person or persons .ho shall succeed to the ornernhip' of said precises or any part tteredf by transfer or otherwise. IN XITNE55 wHELiEOF, the Dec►arant has caused his mnJ And n[fix•d th, day iiritt above •ritteel st CBSENPOR? Df By —'Pres -..—--- r _ rJce Koloritz, idr•rt- KEU Y :, F.: _... i Y CF $;'F r,;! r: Gn th, ti,.-we ber, 1.166. heicre m-: prr came. , 3P'!::t_ ir-- tnov.. who, t,c ,r,a by na duly %wor:1• '11ti reoc,- -ind sti :...: re,:de•5 st 19 Clinr-cn Lane, Jr•richc , —� !:w� Yor[; tha: t.• < ;n•. President of GREEi:FORT DEVELOPMENT t'GRP.,. : the co.,porat:o:: J :: r t ._d ir. anal •:h:c! executed the 'ferocoir.g :nstruaen_; tna k7,C)Ws t•,e seal of said corperattor.; Inat the s^a' a!f ix�i 3t: :nst ruvent is such corporate sea,; �tiat it was it affixed r.i .r:ir:r the heard of directors of ntd , r ccrpo-ation, %n•l tr.a' tie ;ign!d his name thereto by ii,.r. order.. 1 •. I —'• ---- liotary Pt:)Iis , .'.4 r .1b •' M Qmt� J Q a I ® ' SCHEaoLe h �V r 'Al.l. that certain plot , piece or parec,l o:• lnnd, with i twrildingt, and tonpiriVerrentR tlereon erected, situate-, lytny and tMin.; at (;rernport, Torn of Southold, Ccunty of Suffolk, sate of I, Nc+• York, .xxin(led au,i described as folle-mt i h C e t f:e;IYNIN at .t yr.enit monument set on the norcherly side of the North Road at the southwesterly Cotner Of the lane now or I fotmerl) oh, it. (n.),;ht Ripley, bef iq the southeasterly co.aer of the {rr,�oiscs her-in d :9cribed; running thence alo.rq said • n.�rth�rly side r>f V.rrt,r Road, South 66' 01' 20' .feat 634.76 feet 1 to land new or formerly of Schofield and McIntosh; thence along 1 said land now or formerly of Schofield and McI,irosh, four courses and distances: (i! North 11' 31' 10' West 210.00 feet; thence (2) North 19' i6' 00' Nest 344.00 feet; thence (3) South 65' 47' it)' blest 21 1.37 feet thence (4) South lo' 16' 90' Eat;t. 550.14 f w•t to said nor.n,trly side of North Road; thence- along Eta id nortr.erly side t,f North Road .wo courses and distaece.: (1) South 65' 23' 5(; ' West 285.49 feet; thence (2) South 66' 36' 40'.. wesc 589.52 feel .r, land now or formerly of Tim Structures InC.; thenc,• along sri.l !and now or formerly of Time Structures, loc. ' ® four courser and •1iltanceu • (1) North 41' 39' LO' went .084.54 ' feet; thence, (2) North 65' 07' 50' East l76.40 feet; thence (3) North f2' 28' lo' :;est 982.97 feet; thence 94) No-!h 32' :,7' 20' wes• 410.00 feet t.3 the ord'.nary high water mark of Long Island r Four,d; thence ..long the ordinary high water mark of Long Island Sound seven eournes and distances as fullowst (I lrorth 44' 121k 40' East 564 feet; (2) Nort.t 25' 16' 40' Cast 398.12 feet; thence , . 31 North 58' 57' 2n" Fist 601.09 feet; then a (4) North 424 16' rant- 169.85 (5) North 57' 59' 40'Eest 18F.69 [eft: thence (6) orth 41' 51' 20' Cast 322.22 feet ; thence (7) North 31' 15' 10' East 481. 12 feet to land nod or formerly of F.F_ King, Jr.; running tnence along said land now err formerly of..-. -F.. King, Jr., the following 14 courses and distances: (1) I • South 30' 10' 40' Fast 710. feet; therac.e (2) south 31' 03' 40' East 1r`0.01 fe.'t ; thence (3) Sonth 28' 19' 30' East 69 61 feet; 1 ` thence (4) 3outh 13' 46' 30' East 33.68 feet; then:e (5) Sottth 1.'. 27' 56, 50' Wf3t 65.47 feet; thence (6) South 0' 19' 40' East 171.94 feet ; thence (7) S ntth 1' 34' 00' bast 300.20 feet; thence r: (8) Smith 3' 40' 00' East 100 feet; thence (;) South 0' 04' 20' Nest 172.71 feet; thence (10) S wth 5' 18' 40• East 100.93 feek=. thence 111) South 0' 39' 30' East 100.15 feet; thence (12) Sough 1' 45' 00' east 434.17 feet; thenct (13) South 7' 02' 00' East" 40.19 feet; thence (14) Sough 76' 494 LO' West 135.11 taetr thence along said land now or formerly of sting and land n w ox forr.ecly of Ripley, .;out). 24' 34' 31' Bast 805.00 feet to the 9 " point or place of eF,CINNIMC. y �' ,!sttlet 100C, r r•�n n35.00, fllrrck 01.00, Lot 025.0Ov ' I f n fir. 7_�.:. � , f,., � �. -' •~ , •�.a - ... � - •��r �� jr ... .. ... fir,.. w j s 1� tY � •r , 1\ '.. N J• A M U •T•I. ! V. tM .lr ... .. ..• •. �r � Z :r....i L.r.T: !�, ,� ���h'+. 4 • � � t..T �...o ,�tr, 1 � - 1 � DRCLAR TION OF I LOVENANTS.,AND RESTRICTIONS DECLARATION mad., this day of Febraary, 1992, by GREENFORTi: D%VF1A''*MF%"r CO. , a New York State part n.-rslrip with .,if ices at ;=�y st 100 Grc•(t Mock, koad, GrNat Neck, New York, hereinafter called thee• r . iinwner. I WHFIFEAS, the Owner has title to certain lands situate, lying =? and beinq at Grecaport, in the Town of Southold, County of . ISuffolk and St.at• of rr,w York, said land3 hereinafter being morQ ��+= Iparticul.,rly described in Schedule A attached 'iereto; and WHERFAS, the Owner has applied to them ';ew York Statr 1. fL.. zz 11-3/A Department of Environn-�ntal Conservation for a freshwater wetlandsi :ti I�permit pursuant to Article 24 of the New York State Envirommn taY-g.T� IlConst•r.ation Law; and WHEREA3, a permit has been issued ty the New York State t4 I �. I000 Department of Ervironmental Conservation on January 21, 1992 :- D st. - (D.E.C. Permit Nu. 1-4738-00174/000Ol-0) which requires the 035_00 I Sec• jfollowinq covr!nnnt : 01.00 Blk. — I 'Hryprlated trnshwater wetlands ara locnLod to the north central portion of the condominium 025.000 r.omp:••z knr,wn 19 "Breakers at Lands End" on the Lot II prop,ri :rr: of the Wolowit: Organization and the ir• heirs, arxigns or successors. This property la subject to the provisions of F.CL Article 24, And I: rho condur•t (if roa,rlated Aativltles may nc('ur j only put aueht to trCt• Articla 14 it prior ooproval II is given by the New York State Department of FnvironmentAl Conservation (NYSDEC). Requlated Activities include, but are not limited to, clearing of vegetation) application of ehemicaln; I excavation; qrading and fillings and erection of J any rtructure(e). i I I • j 1 I� Thr` owner do hereby further warrant, COVenant and repre ,ant:-' Irh.it tt- !or,-goiny 'rentrictioh and agreement shall bind he lurnf+ tn.yn.•d, tl.s heirn, aucceasors and awnignm, and any and all ot o: @ rl r.r pprsonn wht+ shwll' aucceod to [Art ownership of *at L::, pre-miser or any part thereof by transfer or otherwise. 1% WITNESS h'NF:REOF, the owner has caused its han.f and Heal to: c of f ax•-d this �2 + day of February, 1992. { GREENPORT DEVELOPRE"r Co. kS By r0 : die Kolowit:, Part. .r i ?r I 'STA.£ 0. SS. a; :c i1coi3% of 4CZ== _i- �) Cn this/zw' day of February, 1992, before me personally came" 'AG:,LDI F. nQLObITZ, to m< known to be the person who executed the : or_•goinq instruvw:�nt, and who, being duly sworn by me, did depose;,:' c !. ad say that she is a member of the firm of GREENPORT DEVELOPMENT`: ! '0., a co-partnership, and that she executed the foregoing irstrui ':. ent in the firm name cf GREEUPORT DEVELOPMENT CO., and that she *-:' had authority to sign the same, and she Acknowledged to me that. ^.:,, she executed the came As- the act and deed of said firm for the fit' +uses and purposes therein mentioned. rt A . .lotary PublicME ; ;t I� • ' t 1 .p Q• � 9 K' SCHRW LR A z VA. that certain plot, oiec•• or parcel of land, situate ?S'• land bt:ing at ; t. • Suffolk,Town of Southold, Courf , lying y o. and * c� !Statf• of New York, hounded and descrit)cl as ft,llows: " j I PF(:INNiNr;' ,ar.tntt• monnicnt s<u w at ., ❑t:,eest o-^ —jr •�-•-lv ti ^C r eT l n•• r•1 thr N•�Lth Rea.t At tRr rent^we•s;rr:Y corn-- ^• 4 e"1 Itr�rm..rly of ti. Dwinhi RioicY, beinu th.- cotitheastorly corn-r -for jlthe nrrtrtsrti hrr�in described; running thence alcng said r.,rtherl,line of North Roa•! South 66' O1' 20" hest 634.76 '._e• 7; ;or formerly of Fchr�! told and !iclntosh; -hence 5 la^d new :lor form:•, 1 nl c hc•t to al` n7 land now I Y e ld and Mclntoxh tour courncr- an u J latAncest tl1 ) Notch 11' 31 • iu' Kent 210.60 feet; thence (2e) %art!. 19' 16' ' 100' test 344.00 fee_; thence (3) South 65' 47' 10" best 213.37 te•_: ; ttl.!nee (4) Sout.tt 191 16' 00' F%at 550.14 frq-t to ::tid northerly line of ::Or1h Road; thence ilonq said narth.•rly line of ijNorth R(•.1.1 twn and dir.tanceti: (1 ; South 6S' I1' 1)0' Mast 128�.4� t,•a•t; Ihrn,•.' r ' ti4utlt 6(i' 36' 4C' West 589.52 t•r•t to land ,•.'c. :'now or !c,rrnrrly .)f ;m.• Structttr._s Inc.; thence alcnq said land !nr,w .,r ,•;rm.•t1y ut Ti- Structures Inc. four courses and d:stanc�estt •:.'�. j(1) Nortn 41' 39' 10' t+e:t 1084.54 feet: thence (2). North 65' 07' . ISO' East 376.40 fe••t; thence (3) North 32' 28' 10' Hest 9e2.87:feet; tt,er.ce t41 North 32' 57' 20' Nest 410 feet to the ordinary Nhicth -at. r mirk of 1.c•n9 Island Sound; thence, along the ordinary :jhtgh wa:c r -.tack of 1,0:19 Island Sound seven courses and distances: $sl (1) North 44' 12' 40' East 564 feet; thence. (2) North 25' 16' 40' '��3tas[ 398.12 feet; thencd (3) North 58' 57' 20' East 601.'J9 feet; ;thence (4) %orth 42' 36' SO" East 169.85 feet; (5) North 57 59, S' F,a:.r 188-�3 t.•.•t (5) North 41' 51' 26' East 322.22 j1'71 %07th 31' 15' i 1" Fast 483.72 feet. tc, land now or formerly of- 14 IF.F. Klrl(I, ,)r. ; th• rlrr. A14-)ng MA id lnn'd now or formerly of IKin•7, •)r. 14 Tours and distances: • r �� (1 ) South 30 l0 40" Eas t '�910 f••�t : th••nr-- (;'I ';?uth 31' 03' 40" •East 300,01 foot # thenr•e i�rt) r:.,,,r1, ;u• f7 ul- r.,,�t nv•el feet# Il)eince (41 doutn II' 46' sU' +<.. ,t )3-'•n t,-at ; thence (5) South 27' 56' 50' west 65.47 feet-thence (6) South 0' 19 40" East 179.94 feet( thence- (7) So th j 34' 00 Fa"t 300-27 :-'et; thence (8) South 3' 40' 00" F.a.t 1(0010) I (r•^!; tl).•rl•-. (')) ::.,.)rt) 0' 04' 20" Wert 172.71 feet) thence s (Routh ;- 18 ' 40" FAut 1U0.93 feet; thence (11) South 0' 39' 30" .0 East 1U0.15 feet; thence (12) South 1. 45' 00" East 434.17 feet, thence (13) South 7' 02' 00` East 40.19 feeti .thence (14) South 76' 49' 10" West 155-11 feet; thence along said land now or formerly of King and along said land now or for�alry of Ripley, South 24' 34' 30" East 805 feet to the point or place of BECINNI. �r ;5 4. ,. ,1 39{.:e` �isy�INIiil:•�.'i �.So .a..x.ta•t:" _ DECLARATION OF COVFNA-%rCS AND IIEIITRICTIOuS y- S� �Jko,, 3Nr„ it. RECORD L R6'TU I TOl F '73 lti R6CFWi0 F.LARK KJ Bic t AT71)/W[r At LAN' 4L u"4 WOAD—►0.box 973 ' Dip 7uMtil 'it 0 w sal AMEMD[D If, DECLARATION made this 13th day of DecRober, 1911, by ►! RNWKNOCA ASSOCIATES, a cc-pertnership, with offices c/o ass_ Schad. 690 Dewr Park Avenue, bin Hills, New Cork, hereinafter called the Declarant. I� MHERRAS, the Declarant along with Leo Nolowits, Me mde I application to the Town Hoard of the Tam of Southold, Suffolk County, New York, for a change of zone for certain portions of the property from "A" Residential and Agricultural District to 'M' Light Multiple Residence District, to adjoin. other 'M' Light Multiple Residence property of the Declarant, all of wnich Is ► more particularly described as followst i ALL that certain plot, piece or parcel of land. with buildings and improvemente thereon erected. situate, lying and being near Greenoort. Town of Southold, Suffolk County, New York, bounded and described as follows: 1000 BEGINNING at a point located on the southeasterly Dist. portion of the promises being described herein, wh.cb point is the northeasterly corner o. land of Schofield 4c3500 and McIntosh, and is the following two courses and dis— + . tances from a monument located on the northerly aide of . •rth Road (State Route 25)s (1) North 11' 31' 10' Msst i 1140 2. .00 feett and (2) North 19' 16' 00" Mest 344.00 ' BIk feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65' 47' 10' Meet p OP504 213.37 feet to a points thence through land of Loth drecknock Associates the following two cones*% and distanceet (1) south 65' 67' 10' Nest 330.06 Lett; and 121 South 66' 360 •60' West 76S.20 feet to land of Jost , Roalty Corp.t running thence along said last swationed ' .land the following four courses and distancw t (1) N!o-rth 41' 39, 10' Mast SOS.34 feet; (2) north W 97' 1 ;+ $0' Sant 367.00 foot; 131 North 12 30' 10' Meat 902.07 feett (0) North 33' 57' 30' Moot 010.00 foot to the O I ord►,,.,ry high water Lurk of Long (stand 1�iund; thence alonq the i dinary high w0ar mark of f,nn-1 Island 90uM seven cnurnom end diatan"m as folgnwst (I) North 44' 12' )S" rant 564.01 feed 121 North 25' 14' 36' Past 148.11 feeti (3) North S8' S7' IS' East 401.09 toot: (41 North 42' 36' 45' East 164.05 feed (5) Ncr th 57' 59, 35" Fast 198.60 feeti 16) North 41' S1' 1•5' ldaat 372.22 fpot; thoncp f71 North 31' 15' 06' East 443.73 felt to land of F. Kingi running thence along said last mentioned land the following 14 courser+ and distencesi ill South 30' 10' s0" East 910 feet; (2) South 11' 01' 40' East 100.01 feeti (3) South' 20* 19' 30" Ear-. 99.61 feat; (4) South I3' 46' 30" East '1.66 feats (5) South 27' 56' 50" Nest 65.47 feeti (6) South 0' 19' 40' East 179.94 feet; (71 South 1' 34' 00' Flat 300.20 feet; (0) South 3' 40' 00' East 100 feet; (9) S(.uth 0' 04' 20' west 172.71 feet; (10) South 5' 18' 40" East 100.93 feett (11) South 0' 39' 30" East 100.15 feet; (121 South 1' 45' 00" East 434.17 feet; (131 South 7' ,.2' 00' East 40.19 feet; thence.(14) ,South 76' 49' 10' West 155.10 fee-t; thence along land of F. King and land of Abadiotakis, South 24' 34' 30' East 801,.00 feet to the northerly side of North Road (State Route 251; running thence alonq the northerly si9e of North Road South 66' O1' 20" west 634.76 feet to land of Schofield and McIntosh: running thence along said last arsntioned land the fnilowinq two cotraes and distances: (1) North 11' )1' 10" Nest 210.00 feed thence (2) North 19' 16' 00' Nest 344.00 feet to the porn' or place of SEGINN1t4G. Containing 132.08 acres. I WHEREAS, there has heretofore been placed on-portions of the Above described property a certain Declaration of Protective Covenants and Restrictions dated July 15, 1971, which was re- y corded in the Suffolk County Clerk's Office on December 13. , 1971,• in Liber 7066 cp 382; and WHEREAS, the Declarant in the place of the aforesaid Core- I nants and Restrictions desires to impose certain other reetric- l Lions on the .se of aforesaid promises as follows: ! WX THEREFORE, it is declared that said promises shall be ( subject to the following restrictions triich shall run with the laadw ' i rt i I The total now dwellinq snits to be aroeted on tNo 46" - �; &ascribed premises shall not *teas& three lntndrad fifty f74O1. �i Not included therein are any exIslinq stractsres, Iobfmeee, or I. other accessory, storage or maintenance buildings. 2. Along portions of the eestsrly boundary of the sbe►e- deacribed premises where livinq units are located, tM a M"11 be i i a SO foot in width buffer none in which no buildings or stree- i tares will be erected. 3. The Declaration of Protective Covenants and Rastrietions I I +` dated July 1S, 1971, and recorded in the Suffolk Carroty Clarit'a F Office on Dwcember 13. 1171, in Liber 7064 cp 342 Is herby ter- minated and cancelled. 4. Enforcement of these restrictions shall be through pro- f ceedirn_ 4t law or in equity. S. These restrictions shall run with the land and my be altered, modified, terminated or annulled by the Declarant, its successors and assigns, only with the aporoval of the Southold Town Planning Bard, its successors and assigns. '' IN WITNESS WHEREOF, the Declarant has duly aaecuted tkis Declaration on the day and year first above written. N SRQC1lMOCR ASSOCIAM Fartwas ; kA son"• ' STM Or OW TOM t L� CONT1 Of sufrm s ;Om this 12th day .at Ooerbece 1143s befoire me weei"Pir I I I. I I J •I I I came Cub SCHAD, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by so, did depose and say that he is a member of the firm of ERECKI= ASSOCIATES, a copartnership, and that he executed the foregoing instrument In the firm name of sRECRNOCR ASSOCIATES, and that he had authority to sign the same, and he acknowledjed to ma that he ` II executed the some as the act end deed of said firm for the uses II and purposes therein mentioned. -y`o-ta—r-y-1%b1n c sass►.ws saner rain.s..of OW l I, t j ij i� r C b r &•grow rso Q n to we'O'/-0�►011 Ml1if1 \1 `� afn AV AlNGS"V ,:.i 42144 W ► 44 UIVIxwt y3owimatt f110Ii�I11if� =V S&MVVBAIIO dlO NDZZVNVW • .t� . I . S '(Nlbi ii F t� l^1 t 1 � f 1. it �r►d f r . i ! � y � I ^�" +a r:M+ � t''a r I�tr� •�• .�l��C ,r" +�,..�,r*.c��o►d'�.a"� r t�$ r h;�� �7�f ,�.,,r 's r� •.I I _. •`,'� tiQ �f,oxr t' t � t . i; .:1.• r I • �:� F jar •�, =4,� 7�y:" kn-..�y7:�r �..' S� Kam- ,l� � .t•[•,_s + 1 �ri!.�.•' a :. 4 ):" .y r •. f�'n3� °'i:�'•�^r,.w�tat a��� D''': r�Y u� � �4Ls 0 1 r�� � •.;+ee nr j c}f & ' ': i�...sl �v°�s ."g xc.5�4+'� f ?�+{c.�f }�J`� •tS 1�` s � t i _ 61 t . tr y: i ♦ r , T 4= a �a i. C +tom F t f E Tr a �•tp L ,fc`Y; 1 ` � }3 � rtt � 1���aq.�';Y' • �.�, �L�Ft �r � ,bf `�� �.�', x z"x�Svr r� 7.•1Y { -.$'x �. y�1 s'`� fw�'`,�.�t 1 psi•.;. :S .c r�Vl� LL �, r�. ' t�I� 'F rE'^ t • af.�,p�.k� I..r r _�ti. a�,,,1��S � a.Y o '� ..`r A_ 7 y ' x p �l� 7y'n skr ..g ��.g#•' nl•P.� : i i..f �� :.� Fi �}"�p+'1Y ri�� M�� S�•uJ fJV'�' .., _� r ^ i� sty� � `•cr r �-. • _1 •r .rF "'�y .t, -.µ't.9•'4Tafp`M 1KttV �, ¢ t` t �y1 r ri e t v� k ti 3 r a A f S s'C� x�v�,y-.� 3�� •E k �-+W C.r� a'a-�.�:�` y� t u 4 - i - ����f r n b �`�!� .�r ate•ei��, !•` -. uljtfV' � -r ;3 e, � ' ! �` �� 1 y�.-•,. �j' ,,ec � �t .a4D�k�2 y)' '�'.�, Y;;,.'�KKy R iY t ".2 '• � ?�t L .tt'e�.., F,i. 1 x 7 y.t y r3�. �M`2' q J h _�: _.y, .7.' X: •mac '�r 52 3���; � .� ,. i. plots, pieces or parcels of land as set forth and described in Schedule A annexed hereto and made a part hereof.. 3. The nature, character and .extent of the easement :4;'" ,i hereby granted is as follows: 'i (a) No buildings or structures shall be erected on t the premises, except fencing, utility structures and out buildings which might be required by municipal agencit j •Eor 5.,. the construction and maintenance of communal utilities, water or sewage systems, consisting of a treatment plant, pu::.ping and lift stations and collection system, •and other , such appirtenances. I (b) No lumbering operations shall be conducted on the premises and no trees shall be cut unless dead, diseased or decayed or for the better landscaping of the area or ieth t' as may be reasonably provement of existing grow 'ay required in the construction of roads, equestrian trails, hz recharge areas or communal utility, water or sewage systeoal ; (c) The lend shall remain essentially in Its natural state, except for landscaping and maintenance such as. nowing of grass, the cleaning and removing of debris frasi= „:• , I: the pond areas. (d) No topsoil shall be removed from the.prasiises nor shall sand, gravel or other siinerals be vocavatsd therefrom for purposes of'sale 'or UAQ off abi.pr�mise�J`aor shall sand, gravel or other minerals be.4tosid opoii.`tha. • ;` ' pruis•at . . Vic: i i .r i SY Y. (e) The Grantee and Its authorized agent shall.'have the right of inspection of the premises for the purpose of assuring itself that the Grartor is not in violation of'any of the terms and rendition., of this scenic casenent, at any e time. 4. The nature, character and extent of limitations on the within grant. of scenic easement are as follows: (a) The premises shall not be open or available to the pub c for general or park use, but shall rem;-An at all i times in tl.,- --lust— possession of the Grantor, its suc- cessors and assigns in intorest, and subject to Its or their -s unqualified right to exclude others therefroc• by any and all lawful means, except as indicated in paragraph 3(e)1 (b) Roads with necessary recharge basins for road ' drainage may be constructed to provide access to and from surrounding properties of the Grantor, as well as the construction of jogging paths and equestrian trails. (c) The within grant of scenic eaieeent shall in no way affect the right o. the Grantor to use the .premises, -for the uses herein permitted, and to do all such things thereon, not expressly forbidden herein, as a similarly 'JJ situated landowner might do) (d) All right, .interests and privilogesi of the .. Grantor in the premises not herein specifically donated, T' ii granted, transferred and conveyed, remain and reside with the Grantor, its successors and assigns. r' it ti . i Vg' }9yAC;' S. The waiver or acquiescence in any variation from any part of .the restrictions. and c.-venants herein by the grantee shall be effective only for the particular instance " + involved and shall not be deemed to limit the continuing `; + force and effect of the restrictions and covenants. i II 6. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this easement shall forthwith cease without need of any further writing ; v from the date of title vesting in such proceeding. In such s event the Grantor shall not be required to repay to any real property taxing authority any taxez reduced or abated as a result of this scenic eaaementr nor shall the value of the v premises be limited by this eaaementj nor shall any part of any award belong to the Grantee. 7. The grantee hereby undertakes to cooperate to the `extent legally permissible in having the valuation placed u the premises for upon p rem purposes of reel estate tazation .taken Into account and limited by the restrictions imposed by this. , ;. scenic easement, all in accordance with State'ot 11w York General.Municipal Law $247. S. This agreement shall be perpetual and shall be a covenant running with the land and sb.it W bind inq•`upon` the parties hereto, their successors and assig4s. 9. This Grant of Scenic Easement is subiict-to.the adoption of a resolution by the Town Board of the Town of i J. I ' it :. _ I '. •r�' w F1 Cr•' } 1• "s f Southold, subject to a permissive referendum aathorisinq the ~F execution of this amended Grant of -Scenic EaseHkent ,i . .'3 • wj• • i •wtVVSS �{ I { i y ' ! SCHEDULE A ALL those certain plats ,, pieces and parcels of land, situate lying and being near Greenport, Town of,. Southold, Suffolk County, New York, more particularly ;..•y bounded and described as follows: a PARCEL I: BF.-,INNING at a point located on the southeasterly portion of the premises being described herein, which point is the iiortheasterly corner of land of Schofield and McIntosh, and is the following two courses and dis- tances froe, a monument located on the northerly side of North Road (State Route 251: (1) North 11' 311' 10' Neet 210.00 feet; and (2) North 19' 16' 00' Nest 344.00 feet; runninq thence from said point cf beginning along " 'and of Schofield a.-d McIntosh, South 6i' 47' 10' Nest 213.37 feet to a point) thence through land of Breckno^k Associates the following two courses and U. distances: (1) South 65' 47' 10' Nest 330.84 feet; and (2) South 66` 36' 4G' Nest 765.,20 feet to land of Jed I. Fealty Corp.; running thence along said last mentioned �. land the following three courses and distances: (1) North 41' 39' 10' Nest 505.36 feet: (2) Borth 65' 07' j 50' East 367.40 feet; (') North 32' 28' 10' Nest 290.00 feet; running thence through land of drecknock Associates the following six courses and diata.nces: (1) North 57' 16' 01' East 652.01 feet) (2) North 2' 50' 30' East 411.75 feet) (3) North 82' 04' 52' .East 267.15 feet; (4) Fouth 10' 34' 40'. East 472.04 feet) j (5) North 88. 32' 59' East 360.75 Fret) (6) South 23' 51' 43' East 1,123.11 feet to the northerly side of ' North Road (State Route 25); running thence along the northerly side of North Road South 66' O1' 20' West 252.76 feet to land of Schofield and McIntosh) running thence along said last.ment•ioned land the following `.wo courses and distances: (1) North' 11' 31' 10. Hest 310.00 feet) thence (2) North' 19' 16' 006•West 344.00 feet to 'the point or place of BEGINNING. Containing 31.8212 acres. :3t PARCEL II: '"6• BEGIUMM' at a point locatsd.at:the!northwestiiily :.. corner of the premises bel '�g described ber4ini..vbich .point is distant the following seven:coarser and distances from the 'point on'the .portherly•side'of North Road (State Route 251 where. the Immtheasterl 1• corner of land of .Ten-Reilty corps, foldil thesouEh- ' ix. i I' i I ' . -pia✓;: •?:. i`:C''I P.'•?•�ci7'�-�.:i•,l�5+..+�' •.Wq y_,r„ .. �.K I .r � i'7 r'• .ia•.:,r11;°`. 1!y_r v�: ti.,-,'L 1 westerly corner of land of Brecknock Associates: (1) Nortn 41' 39' 10' blest 1,084.54 feet; (2) North 65' 07' 50' East 367.40 feet; (3) North 32' 28' 10' West 962.87 feet ; (4) North 32' 57' 20' West 410.00 feed (51 North 44' 12' 35' Eaat 564.01 feet; (6) North 25' 16' 36' East 198.13 feet; (7) North 58' S7' 15' East 471.09 feet; running thence from said point of beginning along the ordinary high water mark of.Long Island Se-ind the following two courses and distances: (1) Norti. 58' 57' 15' East 130.00 feet; thence (2) North 42' 36' 45' East 169AS feet to Land of Brecknock Associates; running thence through said last mentioned land the following eight courses and distances: (1) South 29' 32' 27' East 250.54 feet; ; (2) South 3' 43' 35' West 234.96 feet; (3) South 35' 57' 18' East 163.60 feet; (4) South 3' 13' 04' West 277.09 feet; (5) South 57' 49' 51' West 255.05 feet; (6) North 31' 02' 45' dest 300.00 feet; (7) North 5' 13' 27' East 382.02 feet! thence (8) North 38' 52' 02' West 183.71 feet to the point or place of BEGINNING. Containing 6.1046 acres. 4V li � .• •• i• I I 'F I R I I I I OT y r L'fisi`ds and'sills t an o[ tbi day gad T�►sat tie t � BRIMNOM AS TAM BYGus ch wPte M TOWN V so OLD Y`r BY Supery sor STATE OF NEW YORK: COUNTY OF SUFFOLK: On the 13 day or 1983, before me personally came GUS SCHAD, to me known to be the person who executed the foregoing instrument, and who, being duly ■worn by me, did depose and nay that he is a member of the firm of '- BRECKNOCK ASSOCIATES, a co-partnership, and that he executed the foregoing instrument in the firm name of BRECKNOCK ASSOCIATES and that he had authority to sign the same, and he acknowledged to me that he executed the same as' the act and deed of said firm for the uses and purposes therein men- tioned. (Abtary r li.CliAlia!.'WR . .'�iSt • '"WANT nmuC b.a w aw:• I` Oft vat STATE OF NEW YORK: s"" '•tam a"a st x COUNTY OF SUFFOLK: On the 23rd day of January , 1980, before me came FRANCS J.•gliltM. to we known,,who, being ay me-duly sworn, did depose and say that he resides at. t. Road,:Wttitudc;•.:.. New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the wnicipal corporatibn described -in and which executed the foregoing instrument that he._keows the •,. seal of said municipal corporatioal •that the imm .-affi:ed•L' such seall that it was so affixed t.br orde�;.o : tl�;Vown Board and that be signed.bis Baas thereto.by ?` -:Y^C+ ::5:+"'K&;=t"�' r'.S•'- "•�::..'L�N�'. ."6i.'{fi.•;r. ,R,,,+ I I i I i T ~:St':r. @ _'f} Lt�'r ,�*�'�,+,..� } S+Y�i r�1 '� •:: .•sf•1.,' `.. �'n(�^- �.,•;'� _ o a' '"fiaiida red a" a as of tM day sad 'ya r fir \ BRRCKNOM AS5WIATW •a„.Fi li B �n Y V .. Gus Schea, Partneir .. Tarn Sa OLD i' BY 4. STATE OF NEW YORK: COUNTY -OF SUFFOLK On the 13 day of AMC"40'q 1983, before me personally came GUS SCHAD, to me known to be the person who executed ! the foregoing instrument, and who, being duly sworn by me, did depose and may that he is a member of the firm of BRECRNOCR ASSOCIATES, a co-partnership, and that he executed the foregoing instrument in the firm name of'BRECRNOCR ASSOCIATES and that he had authority to sign the same, and he acknowledged to me that he executed the aasre as' the act and deed of said firm for the uses and purposes therein men- tioned. ! tary "WANT►M W.sw w".:'Mrs ra"ta+ttsW•swia A� s•,:: :, I' STATE OF NEW YORR s s"' '•r �"a"s n COUNTY OF SUFFOLK- On the 23rd day of January , 1904, before ■e caste FRAMGS J.•AVJRPHY. : to we known..who, being ay me-ftly sworn, did depose and say that he resides at• ig. woad,,14nU tuck..-. . New York: that he is the Supervisor of the �. TOWN or SOUTHOLD, the municipal corporatibn described-in and which executed the foregoing instrumentf, that'he.•kAows the seal of said municipal corporations that the'i"I..-affized is ;' . each seals that it as so affized .by.xwdei.:•-ot. ;tlN;Vown -Board {i• and that be signed his dame thueto;by=lily' �r;` '': ;•:' c . . '`r; ��'�r^ ^�-• ram.�...,,nw LW i . , i I ' i I i r_t)RHF:,:TlVL AMENDED GRANT OF SCENIC EASEMENT C, -- - ...... —-- -- TFIS INDENTURE, made this 13th day of December, 1983, t by and br.twr!,en BRF,CKNUCK ASSOCIATES, a cc-partnership, with i- otf�r-rs <:iO Gus ':1.-had, 690 Derr 'ark Avenue, Dix Hills, New v' York, neereinaf!er called the Grantor, end THE TOWN OF ?nu-r;-:rl,al --orporation havinq its principal place* of �.,rn••w•; ,t . 104', Main Pemd, Southold, Nnw Yir:k, r..r �a1r r rll•..� rI:•• (;rant WliEHF'AS, th••r-• exists a Grant of Scenic Easement i agrers•mont cnv••r in,i •)ortion- of the Grantor's land, dated July 15, 1971 , arld r.•rorded in the Suffolk County Clerk's I I Office- on December 13, 1971 in Liher 7066, page 386; and WHEREAS, the parties desire to modify the aforesaH Grant Scenic Easement by cancelling same and placinq in I its stea' the following Grant of Scenic Easement on other property of th, Grantor, m:+re particularly described in i Schedule A herein; and 1000 i US-E. WHEREAS, seid premises constitute an area of natural 035.00 scenic beauty and whose existing openness, natural con- Sec. dition, or present state of use, if retained, would enhance i 01.00 5 Fk— the present or patential value of abutting and surrounding _"C,es+• properties and would maintain or enhance the conservation of Lot natural or scenic resoukaest and WHEREAS, the Grantor wishes to grant a scenic easeme to the Grantee affecting the premises described in Schedule Ai and r �. .* �i"• '� kf At r- -1- 1 U I I i. I .i the GranteiL 'teens it to be in the public interest tc• acquire interest or rights in real property for the ores^rvation ^: :per spac- and areas to preserve th^ bNaut•: and nat-rra; ^.ondittens of lands in the ;own of Scut Imid; it'.. „-ct run 147 of the Gtrneral Municipal Law of i I t!t,• i;ar.• :,t ;..w• York provides -hat municipalities, ±.;::rs, m,iy acquir,• the fee ,'r any 1-sser interest , I : i• .. .• um••nr r ;•the ea,em,•nt , ,-ovenant or other contractual r ,,. ,rs•;ar_: ,r, achie%'e the aforementioned ; -irposes to ;.jn'? .�•h,r; •h•, Tows,; and '�7!�,NF.f.i , •• �.'ant•'e in furtt ranc,e of the above policy ,nd a(ordan.-•r with Section 247 of the General Municipal a'.-:--nts th:• scenic easement affecting the premises ins-r )ed in tir_hedul? 1. I %()W, TI?ERFFr1RE, in consid•-•ration of ONE (51.00) DOLLAR and other qoo and valuable consideration to the Grantor; r,•ceipt of which is her-!by acknowledged, this agreement wit- nesseth that: jThe Grant of Scenic Easement agreement dated July 15, 1971 .and recorded in the Suffoll: County Clerk's Otfice I 3. on December 13, 1971 in Liber 7066, page 386, is hereby terminated and cancelled. 2. The Grantor does hereby donate, grant, trar Sir and convey unto the Town of Southold, a acetic easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon all those certain -2- :j I plots, pieces or parcels of land as set forth and described .1L in Schedule A annexed hereto and wade a part hereof. 3. The nature; ci aracter and extent of the easesient hereby granted is as follows- J (a) No buildings or structures shall be erected on the premises, except fencing, utility strertures and out- ;; buildings which might be required by municipal agencies for l the construction and maintenance of communal utilities, r, water or sewage systems, consisting of a treatment plant, pumping and lift stations and collection system, and other r. such appurtenances. (b) No lumbering operaticns shall be conducted on the premises and no trees shall be cut unless dead, eiseased or eecayed or for the better landscaping of the area or f improvement of existing growth or as may be reasonably f: required in the construction of roads, equestrian trails, j recharge areas or communal utility, water or sewage systems; y" (c) The land shall remain essentially in its + ' natural state, except for landscaping and maintenance such ? is as mowing of grass, the cleaning and removing of debris from the pond areas. it (d) No topsoil shall be removed from the prendses nor shall sand, gravel or other minerals be excavated i'therefrom. for pijrpose's' of sale or use off the preiiseel nor :6 u. shall sand, q=avel or other;wLnerals be stored upon tba . preaisea f _4. �.'' -3- t 1 „y, a`•,•�'ei,L. {'.t', a �:� ;4?'""•:1 .ary::1•. 1.;` Z.: a,•'s;a ;y 2-";•f-',>/,V'.� (e) The Grantee and its auth2rized•agent shall have. f the right of inspection of the premises for the purpose of assuring itself that the Grantor 2-1not in violation of any of the terms and conditions of this scenic easement, at any o ' time. N4. The nature, character and extent of limitations on >, the within gran: of scenic easement are as follows: (a) The premises shall not be open or available to the public for general or park use, but shall remain at all times in the exclusive possession of the Grantor, its suc- 4 cessnrs and assigns in interest, and subject to its or their unqualified right to exclude others therefrom by any and all !` lawful means, except es indicated in paragraph 3(e); s. i (b•• ponds with necessary recharge basins for coed n} i drainage may be constructed to provide access to and from I surroundinq 'properties of the Grantor, as well as the •, construction of jogging paths and equestrian trails.. i (c) The within grant of scenic easement shall in no for ; •'- � way affect the right of the Grantor to use the premises, A. I the uses herein permitted, and to do all such things thereon, not expressly forbidden herein, as a siailarly situated landowner might dot ' r.:•.: (d) All.right, interests and privilegea,oi the i Grantor in 'the premises not herein specifically donated, , granted, •transferred and con+eyed,. remain .and reside with . the Grantor, its successors and assigns. f' W. A. t ` q -a-..li' ,1 ..F4 ,.. s. "dJri'• .it.ec;:`'i4::'�,7i. r! i ••I I III ,. s;�=. :s• `,:� s'! '• �' Wit:`. „ ,rty�. 4 � �;v.;•�•,y 5.' The waiver or acquiescence in any variation fr' an r ' any part of the restrictions and covenants herein'by the Jrl y - C-J j v� �, grantee shall be effective only for the particular instance involved and shall not be Deemed to limit the continuing ' force and effect of the restrictions and covenants. RJ 6. If the whole or any part of the premises shall be i• condemned or taken by eminent domain, then this easement 5 shall forthwith cease without need of any further writing from the date '-)f title vesting in such proceeding. In such event the Grantor shall not be required to repay to any real property taxing authority any taxes reduced or abated as a ' i result of this scenic easement; nor shall the value of the premises be limited i by this easement; nor shall any part of '•� j: any award belong to the Grantee. x I; 7. The grantee hereby undertakes to cooperate to the : !, extent legally eq y permissible in having the valuation placed ! upon the premises for. purposes of real estete taxation taken into account and limited by the restrictions imposed by-this scenic easement, all in accordance with State of New York I' General Nulicipal Law 5247. B. This agreement shall be perpetual and shall be a covenant running with the land and shall be binding upon the parties hereto, their successors and aseigna.. !: This Grant of Scenic easement is subject to the .yr} n.j: . adoption of 'a resolution .by the Torn.Board of the Torn of.` i i C. SCHEDULE A " ALL those certain plots, pieces and parcels of (\\ near \4 land, situate lying and being York,Gstore particularly of �` . Southold, Suffolk County. �,•ss f bounded and described as follows: 2' ! PARCEL 1: 7} BEGINNING at a point located on the southeasterly ` portion of the premises being described herein, which f point is the northeasterly corner of. land of Schofield .. and McIntosh, and is the following two courses and dis- ?" ` tances from a monument located on the northerly aide of (1I North 11' 3 North Road (State Route 25): 3 10 West 210. 40 feet; and (2) North 19' 16' 00' West 4{.00 (Pet; running thence from said point of beginning along land of Schofield and McIntosh, South 65' 47' 10' West 213.37 feet to a point; thence through land of 213.37ofe Associates the following two courses and Breckndistances: (1) South 65' 47, 10' West 33C.84 feet; and (2) South 66' 36' 40' West 765.20 feet to land of Jem Realty Corp. ; running thence along said last mentioned + land the following threq' courses and distances: (1) North 41' 39' 10' Nest 505.36 Ppett (21 North 65' 07' 50' Fist 367.40 feet; (3) North 32' 28' 10' West 290.00 feet; running thence through land of Brecknock the following six courses and distances: Associates ' ss North 57' 16 ' 50' 30' East 411.75 feet; (3) North 62' 04' 52' East , 267.15 feet; (41 South 10' 34' 40' East 472.04 feet; K;. l51 North Be* 32' 59' East 360.75 feet; side of l6I South 23' =:• 51' 43' East 1,123.11 feet to the nor thence along the ry North Road (State Route 25); 'tinning (: • McI:r northerly side of North Road South 66` c 20' Wes• long land of Schofield and 252.76 feet tolast m ntosh; t ing thence'afeet said mentioned land the follow. 1 two courses and distancess Ill Worth 11 01 10 West 210.00 feet; thcot(place of BDGIWWIWG Containing ! ' feet to the point x 31.6212 acres. PARCEL IZi DBGINNIIIG at a point located at'the northwesterly corner of the promises being desesirsn, d which x I point is distant the follw aq , aide of ! distances from the point on the acrtherlY (State:Roate 251 there :tW ;soatheasterly ;.� Worth Road ias the 'south- •coraer of land of d� ]lealtp Cosp:'_.� �I c f: ,'r; �"'`. t...r{:::''`•�:'.":`<, ;1�ire LO �. ..� westerly corner of land of Brecknock Associatesi (1) a" ` + North 41' 39' 10" Kest 1,084.54 feet; (2) North 65' ` - 07' 50" East 167.40 feet; (3) North 32' 28' 10" hest 982.87 feet; (4) North 32' 57' 20" Kest 410.00 feet= . ' (5) North 44` 12' 35" Fast 564..01 feet; (6) North 25'� �� 16' 36" East 398.13 feet; (7) North 58' 57' 15" East (':' . 471.09 feet; running thence frorl said point'of,. beginning along the ordinary high water mark of Long ; :> Island Sound the following two courses and distances: f (1) North 58' 57' 15" East 130.00 feet; thence (2) r} 'North 42' 36' 45' East 169.85 feet to land of Hrecknock Associates; running thence through said List mentioned land the following eight courses and distances: (1) South 39' 32' 27" East 250.54 feet; (2) South 3' 43' 35' wept 234.96 feet; (3) South 35' 57' 18" Fast 163.60 feet; (4) South 3' 13' 04" west 277.09 feet; (5) South 57' 49' 51" west 255.05 feet; (6) North 31' 02' 45" Nest 300.00 feet; (7) North 5' 13' !1" East 382.02 feet; thence (8) North 38' 52' 02" west 183.71 feet to the point or place of BEGINNING. Containing 6.1046 acres. - r a, is 1. �I ,r.. 1e •;! :i ..w =5:, Ji'�'ir,.•. �i��,. ;•� ..C•j•.• cy'rr: Yl tgi.. 1Sfi.•;•+ '?"�!•' 'k,. ' '��! .r. ,••x v*' x"'";a, ..»,^.. ra_ �+t. may, C�..Y'} {:i S thold subject to a per missive rmissive referendum authorising thd . ' ou , execution of-this amended Grant of Scenic Easement. t This document is recorded in order to correct an error ft; in the Amended Grant of Scenic Easement recorded in Liber 9506 cp 268, wherein the third course following the 5? jj beginning point in Parcel II was incorrectly described as r South 29. 32, 27• East 250.54 feet instead of South 39 32' :: 27• East 250.54 feet. ties have hereunto act their IN WITNESS WHEREOF, the pat hands and seals this 13th day of July, 1984. BRECKNOCK ASS ATFS ` By + . x Gus Schad, Pattne _ TOWN S ••j f B _ is: rt. J. Mutphy. S isor . i ya STATE OF NEW YORK: ss.. COUNT'_' OF SUFFOLK: i of July, 1984, before me personally r, On the 13th.day person who executed ' came GUS SCHAD, to me known to be the pe i` the foregoing instrument, and who, being duly sworn by me, r;. e firm OE did depose and say that he is a me °an ht ship. that he executed BRECKlIOCK ASSOCIATES, a co-partnership oing instrument in the firm name of dRSCK�R the foreg i ASSOCIATES and that he had authority sto sign the samee and &M,the act ;. i. he acknowledged to me that he executed the ame herein "a- * ` and deed of said firm for the uses and pu poa ,+ tioned. ary C. 1.,Pe ' -6- •:: i I ' I STATE OF NEW YORK: COUNTY OF SUFFOLK: ' On the 14th day of Augud, 1984, before me came FRANCIS J. MURPHY, to me known, who, being by me duly sworn, did depose and say that he resides at (no 4) Old Main Poad, : Mattituck, New Yor'• that; he is the Supervisor of the TOWN li OF SOUTHOLD, the municipal corporation described in,and which executed the foregoing instrument; that he knows the seal of said municipal corporation; that the seal affixed is R, such seal; that it was so affixed by order of -the Town Board and tLat he signed his name thereto by like order. J. tVatary Public I ' ` • i :-��. ..�K,-•:tu ^.f• � �� il_ t - 'wlv•SI��r:t� .r�.'.'.nl',.- �'e•"R,.•.: :V:.. ^-yl�y'• I ` s,'3.`•�;':_., ._ :�:;. ::.'''.i::: w. %:ram ? CORRZCTIVB AMENDED GRANT OF SCENIC XURKM �s RRECKNOCK ASSOCIATES, Grantor , all. �n . .. { : and THE TORN OF SOUTHOLD, ?` Grantee t 10. OD n < RICHARD F. LARK v . ? ..� ArmemT aT LAw V• s MMN ROAD-P.O./OK as Nis Vesdmw Q r — s uom.ti 5 I ll1tl1 t b4VS7 tit TYM Ott Mumv IN ILACK fT�fl�UNLY PRIOR TO RrILORDING OR nLIN(:. I S1.t'1uLK C(ri!N1Y CLERK 2 3 171VM3 �r HC rJ..T^T£ _ Q ,M7w 10 J1A 30 1915 l,•rdN•fir• Tfl SUFFCl1TAX ( V i.• TA r oced 1 A1a"aaee Inatrumea( Uetet I Mode tt Tax Stan." t ;i Mortgage Amt. Ya�r!?'lliwK f'rc � •:3 1.[tank Tax Ilaad!inq > - S-i 1 Y;tib� i SONYMA ;35 �a<alioa Smb Total t:A-t217(Coady) Sob Told SpttJAdd TOT.MTG TAX Dual Taws ('ort.n.of Ed 5 00 'Il• t�j}-►yam• "^� • • Transfer Tax ti Mamiow Tax The property—ra by tiff macigew Cerdfitd C^v7 is er n111 be ieaprsva�(q a a�a ar twt+ '!•C Hcr,Cap? Sr.b Told c�) • family d..dli&C way. � YES_tw.NO r If NO,we tan darts as (rihcr GRAND TOTAL :• ._ Pane if dfifa Iaatrta�ead. : 5 Rcai Property Tu Service ARcacy Vedricatiwt 6 Tide CayaeF wa..a. k Di ear . LLt ( 35.00 0l•QO 5.000 `rf. Company Name t --- Thie Naaher FEE PAID 0Y: Caab_Cbcck�Ckarxe c�(ON ,4,V Gl c�0 y o. eox 95-3 Pa yrr uaac a•R di R_ Cvvec S o uE /. RECORD&RETURN TO ' Suffolk County Recording & Endorsement Page This page forms part or the attached EAR G�• made by: (Deed,Mortgage,etc.) The premises herein is sitruted is SUEFOLK RUNTY,NEW YORK. TO Is the TOWN a( -'0'/ f/ G In the VILLAGE or HAMLET of �ie--i:5u I 1RDED _ (tom °c4s4,, oowy�s TORRENS El.•.- - Cc WE Saw 0 SUFFU„Y COUNTY hior Ctf.6 Deed I Mortgar brmanrm Deed/Mortgage Tax Stamp Recording/Filing Stamps FEES Page/Filing Fee [: Mortgage And. HandlingS I.Basic Tan . TP-594 2.Additional Tax . Notation Sub Total —� •�; EA-52 17(Coady) _.Sub Total 3 S SpccJAssil. . Of EA-3217(Sate) Spec./Add. RP.T.S.A. _.�c� �, TOT.MTG.TAX . Dust Town_Dual C—my_ Comm.of Ed. S -Q ' :a Ikid f r Apportionment Affidavit • Transfer Tax . Mansion Tax Certified Copy / 2 — The property covered by this mortgage is or will be improved by a one or two family Reg.copy — Sub T.xl 3 o dwelling only. . YES or NO_ Other If NO.see appropriate tax clause on page W GRAND TOTAL of this instrument. Real property Tax Service Agency Verificatim 6 Community Preservation Fund Dist Section Block Lot Consideration Amount S__ 1000 0?5.00 01.00 025.000 Crf•'1'azDtw s _ Improved C, V scant land 1 ions/Discharges/Releases List Property owners Mailing Add TD RECORD Q RETURN TO: .l.0 Charles R. Cuddy. Esq. TO PO Box 1547 Riverhead, NY 11901 a Tifle Company I111`01"Tn"On Co.lame Title N Suffolk Count Recording&Endorsement Page This par iumns pail of die allBcbcd Declaration and AGreeatent' made by: (SPECIFY TYPE OF INSLRLRWNr T P e c a n i c Landing at Southold The pn:ntises hcrt:in is situated in SUIFOLK COMIY,Nlitt'Y(AtK 44' In the TO'AMWp of TO f In the VILLAGE 4. a1UV41--rofi BOXES 5 IMU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR HUNG I I I ' I V. z{f DEGLARATZON J1ND aGRF.FZffiVT 54• This Declaration and Agreement, made this ith day of April, 2000, by PECONIC LANDING AT SOUTHOLD, INC., with an office at Feather Hill, Route 25, Southold, New York 11971 (hereinafter referred to as "Peconic Landing" or "Declarant", and the TOWN OF SOUTHOLD, a municipal corporation with offices at Main Road, Southold, New York 11971. W I T N E B S E T H ' WHEREAS, the Declarant is the owner in fee simple of real property situate a: Greenport, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 035.00, Block 01.00, Lot 025.000, and more particularly described on the annexed Schedule A; and I' WHEREAS, the Declarant has proposed a site plan consisting of, inter alia, one hundred forty-four -(144) acres, two hundred fifty (250) residential units, a centralized common building and a care facility; and I C^ ' I I I, • i . I. I i WHEREAS, Declarant and the Town of Southold have agreed that a written declaration setting forth the intention of the Declarant with respect to payment of real property taxes will be of mutual benefit; and s ' WHEREAS, the Declarant has expressed a willingness to set forth its intentions through a Declaration; and WHEREAS, Declarant having considered the foregoing and I desiring to make, execute and record the within Declaration, NOW, THEREFORE, in consideration of the matters above recited, for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit,, publish, formally covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon itself; its heirs, executors, legal representatives, distributees, successors, successors in interest and assigns, and purchasers and holders of said property as follows, to wit: The Town of Southold does hereby represent and warrant that it is a municipality pursuant to the laws of the State of New York and that it is authorized to enter into this Declaration pursuant to a Town Board Resolution. . Page 2 of 9 I i • I r i I I I I I i Peconic Landing does hereby represent and warrant that it is a New York corporation and authorized to do business in New York and that its Board of Directors adopted a resolution which authorized this Declaration and the obligations hereunder. 1. The Declarant expressly covenants and agrees to pay or cause.to be paid in full real property taxes, assessments and ad valorem levies on the entire ,Peconic Landing project as the same respectively become due and, in particular; a) All real property taxes, assessments, ad valorem levies and charges of any kind whatsoever assessed by the Town of Southold I with respect to the property described in Schedule A. j b) Al. real property taxes, assessments, ad valorem charges and other charges of any kind whatsoever lawfully imposed by any I governmental body for public improvements. 2 Declarant reserves the right to contest, in good faith, any such taxes, assessments, ad valorem levies and other charges, I ' pursuant to Article 7 of the Real Property Tax Law ("RPTL"), except that the Declarant shall not claim any exemptions due to any I designation as a not-for-profit corporation, association or not- for-profit status. 3. Declarant, in the event that the Suffolk County Industrial Development Agency takes title to part or all of the parcel, will i execute a Payment in Lieu of Taxes Agreement providing for i Declarant, its successors and assigns, to pay an amount for the benefit of the vat„u:; taxing jut isdictions, on the Peconic Landing Page 7 of 9 I I 8 i .I it I I 4 i'• I .x�ftR project equal to, but not in excess of, that which would have been required to be paid by Declarant to all such taxing jurisdictions 'M with respect to the Peconic Landing project, and to pay such amount as the Town of Southold determines Declarant would have had to pay such taxing jurisdictions had the project been subject to the +; payment of real property taxes and assessments. a) Such Payment in Lieu of Taxes shall run with the land � both with respect to the burdens and benefits created therein and shall be binding upon and inure to the benefit of the successors and assigns of the respective parties. b) Such Payment in Lieu of Taxes shall permit the Declarant in good faith to contest such taxes, assessments and ad valorem levies, except that the Declarant shall not claim any t exemptions due to any designation as a not-for-profit corporation or association or not-for-profit status. 4. The obligation by Peconic.Landing to pay real property I taxes as aforesaid shall continue as long as such taxes remain the basis for town, school and county funding; the obligation shall include all improvements made to the real property described at Schedule A, whether such improvements are held in the name of Peconic Landing or any other person or entity deriving use, possession or title from Peconic Landing. 5. This Declaration shall not affect in any manner any exemption, reduction or relief from real property taxes, assessments or charges as provided by law and available to Page 4 of 9 I •I, ' •I i III '•,,,, y+.'ti., a residents of the 250 residential units, or any additional residential units only hereafter approved and constructed. as 6. It is understood and agreed that the Town of Southold shall have the right to enforce all of the covenants of this xs' Declaration. 4.7. 7. This Declaration shall run with the land, both as respects " benefits and burdens created herein and shall be binding upon and k� inure to the benefit of the parties and their respective successors, assigns and transferees. S. This Declaration may not be amended, changed, modified, r altered or terminated, unless such amendment, change, modification, alteration or termination is in writing and signed by the parties. ; 'r.•. 9. If any article, section, subdivision, paragraph, sentence, } clause, phrase, provision or portion of this Declaration shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion so adjudged invalid, illegal or unenforceable 1' shall be deemed separate, distinct and independent and the remainder of this Declaration shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. Page S of 9 '`ate _ n :f�:.Z�t'.ZAs,aiy.�"w`}Ysi:;��.x�'r;_� `.ti;ti�,, Ya�,Y••ti.�y.as:��. 'I o I I I 10. This Declaration may be simultaneously executed in Viz, several counterparts, each of which shall be an original and all of ` which shall constitute but one and the same instrument. 11. This Declaration shall be governed and construed in 1111�� accordance with the laws of the State of New York. 12. This Declaration shall be recorded in the Office.of the Suffolk County Clerk pertaining to the real property described in Schedule A hereto. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. PECONIC LANDING �ATSOU'THOLD, INC. By: �IUtLC4 r. �uL� A'. William G. Thompson, President iy TOWN OF ,SOUTHOLD 'w By: Je Cochran, Supervisor STATE OF NEW YORK ) a COUNTY OF SUFFOLK 1 On the Itf day of April, in the year 2000, before me, the undersigned, personally appeared WILLIAM G. THONPSON, personally known to me, or proved tome on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the ^; individual, or the person upon behalf of which the individual Acted, executed the instrument. /1 �u Notary /Public Page 6 of 9 0"AnlBp-cum ¢f :?!? WYbdMal�t � yD�bvnwmbw stag ••• tti.•. I • I I I• i I i �:. 41 I ` STATE OF =9 YORK 1 r COUNTY OF SUFEOLK on the 25th day of April in the year 2000, before me, the undersigned, personally appeared JEAN COCHRAN, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to we that she executed the same in her capacity j' and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. t;t EL¢AaEit+rr� otary Public Ac:ery VuLar.Svw�v' r'r ,gaqqqff it w! kR' 1P page 7 of 9 J " r: I d � I i i I I i I I SCEZDU.»r 1l y. ALL that certain plot, parcel or piece of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State ,•. ` of New York, bounded and described as follows: BEGINNING at a granite monument found on the northerly aide of Main •'.: . Road (MYS Route 25) at the southwesterly corner of land now or formerly of John Abadiotakis and Christian Abadiotakis, formerly of H. Dwight Ripley, being the southeasterly corner of the premises t' herein described: RUNNING THENCE from said point of beginning South 66 degrees 01 minutes 20 seconds West along the northerly side of Main Road (NYS Route 25). 634.76 feet to a monument found and land now or formerly of Jerry H. Schofield and Frank Justin McIntosh; THENCE along land now or formerly of Jerry H. Schofield and Frank Justin McIntosh the following four (4) courses and distances: 1) North 11 degrees 31 minutes 10 seconds West, 210.00 feet; Sa 2) North 19 degrees 16 minutes 00 seconds West, 344.00 feet; ""•* 31 South 65 degrees 47 minutes 10 seconds West, 213.37 feet; and 4) South 19 degrees 16 minutes 00 seconds East, 550.15 feet to the northerly side of Main Road (NYS Rout 25); THENCE along the northerly aide of Main Road (MYS Route 25) the following two (2) courses and distances: '? 1) South 65 degrees 23 minutes 50 seconds West, 285.49 feet; and a 2) South 66 degrees 36 minutes 40 seconds West, 589.52 feet to land now or formerly of JEM Realty Co; r. THENCE along land now or formerly of JEM Realty Co. the following '' '''four (4) courses and distances: 11 North 41 degrees 39 minutes 10 seconds West, 1004.54 feet; x` 2) North 65 degrees 07 minutes 50 seconds East, 376.40 feet; 3) North 32 degrees 28 minutes 10 seconds West, 902.87 feet; and 4). North 32 degrees 57 minutes 20 seconds West, 426.81 feet to the approximate high water mark of the Long Island Sound; ?; THENCE along the approximate high water mark of the Long Island i South the following fourteen (14) tie-line courses and distances: 1) North 55 degrees 13 minutes 20 seconds East, 41.44 feet; a Page s of 9 i i I � %Ire l�M ' • • '�A{ '��. •i2V� 21 North 40 degrees 13 minutes 18 Seconds East; 162. feet; 31 North 48 degrees 59 minutes 18 Seconds East, 156.47 feet; 47 4) North 53 degrees 12 minutes•47 Seconds East, 85.49 feet;;,.; 51 North 33 degrees 06 mminutes 38 seconds East, 156.54 feet; nda East, 352.41 feet; 61 North 25 degrees 04 minutes 36'Seco East7) North 49 degrees 30 minutes 59 seconds East 163550ffeet; 9) North 64 degrees 30 minutes 21 seconds , 9) North 55 degrees 49 minutes 13 seconds East, 112.29 feet; 3 10) North 65 degrees 46 minutes 13 seconds East, 154.46 feet; tl 111 North 45 degrees 07 minutes 11 seconds East, 135.34 feet; a 12) North 55 degrees 35 minutes 02 seconds East, 214.28 feet; a 13) North 45 degrees 33 minutes 00 seconds East, 362.94 feet: and ` 14) 52 lan North now or7f degrees ormerly of Floyd minutes King,e J=ds East; 504.31 feet to '~ ""�'% THENCE along land now or formerly of Floyd F. King, Jr. the H�r4 1 t following fourteen (241 courses and distances: -1) South 30 degrees 10 minutes 40 seconds East, 926.10 feet ;,•• ;• 2) South 31 degrees 03 minutes 40 seconds East. 300.01 feet;- 3) South 28 degrees 19 minutes 30 seconds East. 89.61 feet; >:s•,.. 4) South 13 degrees 46 minutes 30 seconds East, 33.68 feet; ;' 51 South 27 degrees 56 minutes 50 seconds Nest,•. 65.47.feet; 6) South 00 degrees 19 minutes 40 seconds East. 179.94 feet; r'r 1) South O1 degrees 34 minutes'00 seconds East, 300.20 feet; ' el 'South 03 degrees 40 minutes 00 seconds East, IOO.00 feet; a,q , 9) South 00 degrees 04 minutes 20 seconds Nest, 172.71 feet; 10) South 05 degrees 39 minutes 30 seconds East, 100.93 feet; 11) South 00 degrees 39 minutes 30 se 434 conds East, .1 feet; ¢ , . 12) South O1 degrees 45 minutes 00 seconds East, 434.17 feet; Y 13) South 01 degrees 02 minutes OO. seconds East,. 40.19 feet; and i 14) South 76 degrees 49 minutes 10 seconds Nest, 155.11 feet; THENCE still along land now or formerly of Floyd F. King, Jr. and along land now or formerly of John Abadiotakis and Christiansouth 24 degrees seconds East, 5 fei t 25) and etto the northerly sdeofNainoa7 point or place of BEGINNING. R Page 9 of 9 rt 3 Y r:; �1 DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration made and dated the V day ofAMpwt;2000,by PECONIC LANDING AT SOUTHOLD, INC., with an office at Main Road, Southold,.New York 11971, hereinafter referred to as the "Declarant". WITNESSETH : WHEREAS,PECONIC LANDING AT SOUTHOLD,INC.is the owner in fee simple of certain lands located on the northerly side of New York State Route 25, Greenport, Town of Southold, County of Suffolk and State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 035.00, Block 01.00, Lot 025.000, and more particularly described on the annexed Schedule A; and WHEREAS,for and in consideration of the granting of said appr�val,the owner has deemed it necessary, for the best interests of the Town of Southold, the owner, and the interests of the surrounding community,that the within covenants and restrictions be imposed on said parcel,and that the within Declaration be recorded in the Suffolk County Clerk's Office. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant for the purpose of carrying out the intents above-expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, its successors and assigns, to wit: 1. That the Declarant will preserve and maintain the external design of the structures known as Brecknock Hall, the existing barn, adjacent garage and greenhouse which are located on the property described in Schedule A. Pagel of 4 W 2. That Declarant's efforts to preserve and maintain the character of the present structures will not preclude exterior or.interior renovation to provide for the safe and efficient use of the structures. 3. That any substantial proposed change in the exterior design of the structures shall be subject to approval by the Southold Town Architectural Review Board. 4. That the use of Brecknock Hall, the existing barn, adjacent garage and greenhouse shall be determined only by the Declarant, its successors and assigns. 5. That the within Declaration can be modified only at the request of the owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. i IN WITNESS WHEREOF, the Declarant above-named has executed the foregoing Declaration the day and year first above-written. PECONIC LANDING AT SOUTHOLD, INC. By: William C1 Thompson, President STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK On the (o day of August in the year 2000, before me, the undersigned, personally appeared WILLIAM G. THOMPSON, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. otary Public Page 2 Of 4 . JOAN M.LUCA g NOTARY PUBLIC,State of New York Comis No.52-4650442 oxSa3 u2msi Eplre Jan 1 �0y I 10 North 65 degrees 46 minutes 13 seconds East, 154.46 feet; .11) North 45 degrees 07 minutes 11 seconds East, 13 5.3 4 feet; 12) . North 55 degrees 35 minutes 02 seconds East, 214.28 feet; 13) North 45 degrees 33 minutes 00 seconds East, 362.94 feet; 14) North 27 degrees 45 minutes 52 seconds East, 504.31 feet to land now or formerly of Floyd I F. King., Jr.; THENCE along land now or formerly of Floyd F.King, Jr. the following fourteen (14) courses and distances: 1) South 30 degrees 10 minutes 40 seconds East, 926.10 feet; 2) South 31 degrees 03 minutes 40 seconds East, 300.01 feet; 3) South 28 degrees 19 minutes 30 seconds East, 89.61 feet; 4) South 13 degrees 46 minutes 30 seconds East, 33.68 feet; 5) South 27 degrees 56 minutes 50 seconds West, 65.47 feet; 6) South 00 degrees 19 minutes 40 seconds East, 179.94 feet; 7) South 01 degrees 34 minutes 00 seconds East, 300.20 feet; 8) South 03 degrees 40 minutes 00 seconds East, 100.00 feet; 9) South 00 degrees 04 minutes 20 seconds West, 172.71 feet; 10) South 05 degrees 18 minutes 40 seconds East, 100.93 feet; 11) South 00 degrees 39 minutes 30 seconds East, 100.15 feet; 12) South 01 degrees 45 minutes 00 seconds East, 434.11 feet; 13) South 07 degrees 02 minutes 00 seconds East, 40.19 feet; 14) South 76 degrees 49 minutes 10 seconds West, 155.11 feet; THENCE still along land now or formerly of Floyd F. King, Jr. and along land now or formerly of John Abadiotakis;and Christian Abadiotakis, South 24 degrees 34 minutes 30 seconds East, 805.00 feet to the nortbalrly side of Main Road (NYS route 25), the point or place of BEGINNING. I i i I I 1 E_• 1-1 i i t k _ _ F I ISi I11 I ' n 0 ,1 T -.1 I_I L_, r•,I , i 1 1 i_i Cl h CID I T ui 1_q ` Page 4 of 4 I I ZI I I SCHEDULE A All that certain plot,piece or parcel of land, situate,lying and being at Greenport,Town of Southold, County of Suffolk and State of New'York, bounded and described as follows: BEGINNING at a granite monument found on the northerly side of Main Road (NYS Route 25) at the southwesterly corner of land now or formerly of John Abadiotakis and Christian Abadiotakis, formerly of H. Dwight Ripley, being the southeasterly corner of the premises herein described: RUNNING THENCE from said point of beginning South 66 degrees 01 minutes 20 seconds West along the northerly side of Main Road(NYS Route 25), 634.76 feet to a monument found and land now or formerly of Jerry H. Schofield and Frank Justin McIntosh; THENCE along land now or formerly of Jerry H. Schofield and Frank Justin McIntosh the following four(4) courses and distances: 1) North 11 degrees 31 minutes 10 seconds West, 210.00 feet; 2) North 19 degrees 16 minutes 00 seconds West, 344.00 feet; 3) South 65 degrees 47 minutes 10 seconds West, 213.37 feet; 4) South 19 degrees 16 minutes 00 seconds East, 550.15 feet to the northerly side of Main Road (NYS Route 25); THENCE along the northerly side of Main Road(NYS Route 25)the following two(2)courses and i distances: 1) South 65 degrees 23 minutes 50 seconds West, 285.49 feet; 2) South 66 degrees 36 minutes 40 seconds West, 589.52 feet to land now or formerly of JEM i Realty Co.; THENCE along land now or formerly of JEM Realty Co. the following four (4) courses and distances: 1) North 41 degrees 39 minutes 10 seconds West, 1084.54 feet; 2) North 65 degrees 07 minutes 50 seconds East, 376.40 feet; 3) North 32 degrees 29 minutes 10 seconds West, 982.87 feet; 4) North 32 degrees 57 minutes 20 seconds West, 426.81 feet to the approximate high water mark of Long Island Sound; THENCE along the approximate high water mark of Long Island Sound the following fourteen(14) tie-line courses and distances: 1) North 55 degrees 13 minutes 20 seconds East, 41.44 feet; 2) North 40 degrees 13 minutes 18 seconds East, 162.82 feet; 3) North 48 degrees 59 minutes 18 seconds East, 156.47 feet; 4) North 53 degrees 12 minutes 47 seconds East, 85.49 feet; 5) North 33 degrees 06 minutes 38 seconds East, 156.54 feet; 6) North 25 degrees 04 minutes 36 seconds East, 352.41 feet; 7) North 49 degrees 30 minutes 59 seconds East, 81.53 feet; 8) North 64 degrees 30 minutes 21 seconds East, 163.50 feet; 9) North 55 degrees 49 minutes 13 seconds East, 172.29 feet; Page 3 of 4 I �� -35- I—aS- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET . VILLAGE DIST. SUB. LOT ACR. REMARKS" r� 1144,( �ss k-d L v ins; o c:J i-h4 TYPE OF BLD. ;_. PROP. CLASS L _ nl ""1 A�� oc,. 6L�Z (0�3 �' p� r���fcZ SC. _ (R.��� C?Cj! i 4) - AND IMP. TOTAL DATE J 6� aq q4 s i r ( Cs�-(kn►f 'I(o (A-v O.L4 i 2 ap*,z°l->cl I. )-i f(' lal k' CUV�1 - _ N-d P a�Sy _f►r lac Q - t,(r�i 1�d --- '� r:,.mti �:s �SP F 0PH&Zh0--t-cc fo ur> No/ la Ib U� b� Z .tom tiJ �ti a5 os 0P # VOi deck - u-,+f #c15 q lZ�s. P )► �- f►'r - un;#- # I� �v goo P� aq 6S (j� 31aaS rn i YIbY C�Q -�a f�6?� N.C. q� FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL n .. _ IR .....,�- -- --- ----- - -- —-- - Imo- 35- I—Z5 _ TOWN OF SOUTHOLD PROPERTY RECORD CARD A F L` J OWNER STREET VILLAGE DIST. SUB. LOT Pe-conl(-Lam I at. I� ACR. REMARKS ,, rQC i I f Ls+ P �-',-le l L iv TYPE OF BLD. ��N B IS vS ��` -313�� Mrnor buff w r-c jacep ,� f- d� l��r.�fr,,.,, Lc - �►zoo� PROP. CLASS — � C1` Ind &-v �, 1 .1()(o P �l�lrr�l��tYto 6�; OOMAQK, � yCC-";nrx;i. i 91 LAND IMP. TOTAL DATE a, o(& ooq 2) a as � �:) 7 Coo Z ®C�� Z k3 Z 3� S�� 2 ." :C� ' ? 2.�ar'cxF� A-4 U�'7O`t !Lwr .N car 0 ut".'6v a��;v (Z) . G4S00 %-7 o-t -?o 4- cad aI QP--4-- S2,14 tfVAC' C le_ctric 0 fey-mot;ons focx;5-hy)Z �b z 6-7 6 P* 32SOLf3 CV la ces6 P*a5 L17 115 dog ��Pj�- 33G31 0114cy- .,t`rm -lb asse0)6l . o f-f lce-s t �t mey-)f; �4� -WON 14 log 8P4- 3905- ex nsion 6F community ni't( (In if�s) I VIP ( S.ocp •r \are.w. A v N•c` S 16 .5�.5.� a alp e V s G� 7 I qOb FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL SCTM # _ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT aJ & I D ACR. REMARKS �� TYPE OF BLD. ,,.C. ��„ PROP. CLASS 6 4 2- 11 a►D I,:R IS P JV q3& - e /75 -- r`vi h room f 7S LAND IMP. TOTAL DATE (0 357 -70 L - CO S z� o FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL CIUVO GUOUlb AJLU=aVuu �a v■ ■�.. .�._ __ - L.—_---- •-- ---- ,..: ,:.. COLOR TRIM w)L66 door areyk -60F+ 5)EC - I5, DOD 32 I�� ►�-+�fi-C),tom� �-�;�,-.��y o,o� ac 3►3�� m raz w��d��,z, r� �-���� �C- _ 1st 2nd M. Bldg. Foundation CC Fin. B. Bath Dinette FULL COMBO Extension Basement CRRABWL PARTIAL Floors Kit. SLA Extension Ext. Walls Interior Finish L.R. tension Fire Place Heat D.R. Patio Woodstove BR. Porch Dormer Baths Deck Dock Fam. Rm. A.C. Garage O.B. Pool o�oSUFFoc�-�o ELIZABETH A.NEVILLE,MMC h� G.f, Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER y �Ol �a0 Telephone(631)765-1800 RECORDS OF MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 9, 2012 RE: Zoning Appeal No. 6591 Transmitted herewith is Zoning Appeals No. 6591 of Charles Cuddy for Peconic Landing at Southold Inc.-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Copy of Certificate of Occupancy No. Z- 29099 for Community Center Dated December 3, 2002, Copy of Certificate of Occupancy No Z- 28948 for Apt#309-Multiple Residence-Unit Plan D Dated October 3, 2002, Copy of Certificate of Occupancy No. Z-28949 for Apt#3 11-Multiple Residence-Unit Plan B, Copy of Certificate of Occupancy No. Z-28950 for Apt#312-Multiple Residence Unit Plan D-Unit Plan B Dated October 3, 2002, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Charles R. Cuddy Dated August 2, 2012,Notice of Disapproval from Building Department Dated July 9, 2012, Authorization Letter from Peconic Landing at Southold to Charles R. Cuddy to Represent them in this Matter, Six Pages of Photos, Copy of Application for Building Permit Dated June 19, 2012, Three Page Copy of Findings &Determination from Zoning Board of Appeals No. 5949 Dated October 5, 2006, Fifty Four Pages of Covenants and Restrictions for Peconic Landing, Four Pages of Property Record Cards,Two Pages of Survey& Site Plan Dated June 19, 2012 Prepared by Young&Young Surveyors, Five Pages of Plans Showing Elevations, Floor Plans and Square Footage Dated June 11, 2012 Prepared by Perkins Eastman. wn of Southold P.O Box 1179 Southold,.NY 11971 * * * RECEIPT * * * Date: 08/09/12 Receipt#: 140823 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6591 $500.00 Check#: 68279 Total Paid: $500.00 Name: Peconic, Landing P. O. Box 430 1500 Brecknock Rd Greewort, NY 11944 Clerk ID: CAROLH Internal ID:6591 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/7/12 ZBA# NAME CHECK# AMOUNT TC DATE STAMP RECEIVED 6591 Peconic Landing at 0000068279 $500.00 Southold Inc. AUG 9 2012 Southold To Clerk $500.00 By_lc_ Thank you. r CHARLES R.CUDDY ATTORNEY AT LAW. 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 5, 2012 Leslie Kanes Weisman, Chairperson RECEIVED Zoning Board of Appeals Southold Town OCT PO Box 1179 0 ?012 Southold,NY 11971 BOARD OF APPEALS Re. Peconic Landing at Southold, Inc. Dear Ms. Weisman: Supplementing my earlier correspondence,this is to advise that Daryl Volinski of Peconic Landing met with three (3) Greenport Fire Chiefs to adopt the written operating procedure statement. The proposal must now be approved by the Wardens. This will probably not occur until the end of this month. We will then forward to you the adopted procedure statement. Very truly yours, 6" Charles R. Cuddy CRC:ik Enclosures BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� �if� 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider OlyCOM Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1.809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 6, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN,_ pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 -Main Road, P.O. Box 1179, Southold, New York 11971-0969, on THURSDAY, SEPTEMBER 6, 2012: 11:00 A.M. - PECONIC LANDING AT SOUTHOLD, INC. - #6591 - Request for Variance from Article V Code Section 280-23 (Bulk Schedule) and the Building Inspector's July 9, 2012 Notice of Disapproval based on an application for building permit for construction of a three story apartment building addition, at; More than the maximum number of 2 '/z stories, located at: 1500 Brecknock Road (adj. to Long Island Sound) Greenport, NY. SCTM#1000-35-1725. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(a_Town.Southold.ny.us Dated: August 8, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #10828 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the'Notice of which the annexed is a printed copy, has been regularly published in - said Newspaper once each week for 1 week(s), successfully commencing on the 301h day of August, 2012. Principal Clerk 1LM A M - PE ONIC LANDiN Sworn to before ATSOUTHOLD,INC-#6591-Request day Of 2012. for Variance from Article V Code Section 280-23(Bulk Schedule)and the Building LEGAL NOTICE Inspector's July 9,2012 Notice of Disap- SOUTHOLD TOWN ZONING Proval based on an application for build- ! ' BOARD OF APPEALS mg permit for construction of a three story /V/V THURSDAY SEPTEMBER 6,2012 apartment building addition, at; More PUBLIC HEARINGS than the maximum number of 2%stories, NOTICE IS HEREBY GIVEN,pur- I located at: 1500 Brecknock Road (adj. CHRISTINA VOLINSKI suant to Section 267 of the Town Law and to Long Island Sound) Greenport, NY NOTARY PUBLIC-STATE OF NEW YORK Town Code Chapter 280(Zoning),Town SCTM#1000-35-1-25 of Southold,the following public hearings 11:30 A M - G ORIA R.GFSLAK No. 01 V06105050 will be held by the SOUTHOLD TOWN - #6592 This is a request for a Waiver QUallfied In Suffolk County ZONING BOARD OFAPPEALS at the i of Merger under Article II,Section 280- L-50 P.M. - MILL CREEK PART Town Hall,53095 Main Road,P.O.Box 10A,to unmerge land.identified as SCTM NERS.LLC:-#6589-Request for Special February 28, 2016 1179,Southold,New York 11971-0959,on #1000-98-5-11,based on.the Building In. Exception per Article .U11 Section 280-55 THURSDAY SEPTEMBER 6,2012: sPector's July 11,2012 Notice of Disap- (B)1 to operate a restaurant in a Marine Carryover He.rungs, continued from PrOval,which states a.non-conforming lot II(MII)District Located at 64300 Route prior meetings;andpending:additional in- shall.merge with an adjacent conforming.- II (adj.to Southold Bay)at 6430 Rrt, ute formation or nonconforming lot which has been held SCT(adj. to S-5 Southold Adjourned from Public Hearing Au- m common ownership until the total lot 215 P.M. - CONSTANCE ZAHRA gust 2,2012' size conforms to the'current bulk sched- ule minimum 40,000 square feet in this Request for Variances from 10`00 A M—DENISE GEIS-t16599 (. Article XXIII Section 280,-124 and the IM-15 A-M-MARGARINt 1Vf GAN- m 40Residential Zone District),this lot is Building Inspector's June 14,2012 Notice NON - #658 - Request for Variances g�with lot 1000-98-5-12,located at: of Disapproval based on an application from.Article III Section,Z80-15(J) and 215&125 Robinson Lane(comer Indian for building permit for demolition of"as Article }III Section 280424, and the Neck Lane) Peconic,NY.SCI'M#-1000_ built" deck addition and reconstruction Building inspector's July 10,2012 Notice 98-5-11&12 of Disapproval based on,au application M;N'A M[ MARV R A GUSTO of same to existing single fazpily dwelling: for building permit to.constnfct garage ad- i - Applicant requests a 1)less than the code required minimum Special rear yard setback of 3S feet,2)lot cover- is with two bedrooms above and"as Exception under Article III, Section e . 280-13B 1 age at more than the code.permitted 20 ; built"accessory"shed at 1)In the case of requesting Westin 3)•The Applicant is the owner located.at:2085 Bray Avenue Laurel,NY. waterfront.properties•accessory buildings eq g authorization to establish an SCTM#1000-126-845 may be located in the front yard,provided erye partment in -an accessory The Board of Appeals will hear all per- that such aepcmry meets the.front•yard -structure, struct r 1 quests vanauee from'Section sons a their representatives,desiring to be principal setback requirements as set forth (3)(a).total square•:footage:of heard t each hearing,and/or desiring to by this.code..:proposed location is other mgre than the maximum livable floor area submit written statements before the con- than the code required front or.rear yard; o.750'square feet,at;1425.Bay Avenue elusion of each hearing:i✓ach•heai-ing will 2)lot coverage of more am,the code per- (adj.to Marion Lake)East Marion,NY. not start earlier than designated above. mitted 20% located at 350 MacDonalds :SCTM-1000-31-9-73 Files are available for review durin b Crossing(adJ,to Pecotric BayJ;Laurel NY 1:30.P.M - DAVITI P q n r% g gu- lar business hours and prior to the day of SCIIVI#I000.145 418 915�1%'-Request for Vanances from Article the hearing:If you have questions,.please �0240 A M DEBORAH PENNEY ' XXIII Section 280-124;and the Building contact our office at,(631)765-1809,or by #t6484-Request for Variance Relief from opector's=May 30,2012 Notice of Disap- email:Vicld.Toth@Town.Southold.nv.us. the condition imposed in the Zoning P al based on an application for build- Dated August S,2012 Board decision.application #6484 dated mg permit to construct additions and al- September, ZONING BOARD OF APPEALS 15,2011.Reduction in width teraoori to:existing single family:dwelling LEST ZONING B ARDWEIS OFN,CHAIR- of the non-turf buffer.Located at:160 Sail- 'at 1)less thanahe minimum side yard set- PERSON CHAIR- ors Needle Road,(adj.to James Creek) back of 10 feet,2)less than the combined BY PERVicki Toth Mattituck,NY.SCrM#1000-144-5-26 side yard setbacks of 25 feet,3)lot cover- 54375 Main Road(Office Location) age of more than the code permitted 20%, 53095 Main Road(MaHing/USPS) located at:2745 Wickham Avenue(comer of Grand Avenue) (adj.to Long Creek) P.O.Box ll79 Mattituck,NY.SCTM#10tm-13o-7_,t _ Southold,NY U971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK �Q 1 ( . AFFIDAVIT OF In the Matter of the Application of MAILINGS Peconic Landing at Southold, Inc. (Name of Applicants) SCTM Parcel# 1000- 35-1-25 COUNTY OF SUFFOLK STATE OF NEW YORK 12 Iwona Kodym residing at Bergen Avenue, Mattituck,. New York, being duly sworn, deposes and says that: On the 17th day of August 12012 I personally mailed at the United States Post.Office in Riverhead ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the(X)Assessors, or{ )County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of way of record, surrounding the applicant's property. (Signature) Slvorn to:bb re e this �7 day off9(/ p/2 Mary Louisa Santacroc® Notary Public State of Now York No.01SA6051125 Suffolk County otary Public) 1�ommisslon Expires Nov.20,20N 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. n j SOUTHOLD TOWN ZONING BOARD OF APPEALS RE:PECONIC LANDING AT SOUTHOLD INC. List of adjacent property owners ` Fir l I . 1. SCTM#100-34-4-17 John Costello U.S. ® • Sara Costello GERTIRED MAILM RECEIPT , PO Box 2124 (Domestic • • ` Greenport,NY 11944 r a 2. SCTM#1000-34-4-19.4 T y 11944 � L U S E m GI '!F Suffolk County Division of Real Property �' Postage $ $0.45 ORQ1 -� �� Acquisition and Management mom' PO Box 6100 Certified Fee $2.95 zOF Hauppauge,NY 11788-0099 o f Postmaklty Return Receipt Fee $�.35 Herd � (Endorsement Required) 3. SCTM#1000-35-1-24 RestrictedDeliapS \' ' Gh $0.00 �ti_ p (Endorsement R q ed) PO BoJemco R67lty Assoc.LLC m Total Postage&Fees $ $5.75 �g8/1?/201'2 ����'ti °✓ Greenport,NY 11944 sent To o John A. Costello Sara Costello 4. SCTM#1000-35-1-27.2 I3 stiiet,AFfNo'.; r- orPOBoxNo. PO Box 2124 ---------------------------------------------------------------------- Mark Anderson cry siete,ziP+a Ors Anderson OMM" e p rt NY 11944 c/o F.J.Mcintosh "' ' "' PO Box 356 East Marion,NY 11939Postal CERTIFIED MAIL-r. RECEIPT 5. SCTM#1000-35-1-27.3 ti E (1?omestic Mail Only; Q Frank J.Mcintosh ra For defiVery information visiti our website at Box 356 rne PO Ea M E i' RI �S`"Nfi lf-c 9, A '�, East Marion,NY 11939 � I' Postage $ $0.45 0901 6. SCTM#1000-35-2-1 m Certified Fee $2.95 Floyd F.King Jr.Annty.Trust o =Po`st�iadce Return Receipt Fee Country Club Inc. (Endorsement Required) $2.35 Hare PO Box 2066 Restricted Delivery Fee Greenport,NY 11944 p (Endorsement Required) $0.00 $5 7. SCTM#1000-35-2-4 Total.Postage&Fees $ .75 08/17/2012 m X '.r. John Abadiotakis o Mark Anderson, Ors Anders' o_Fa d:> ............................... Christian Abadiotakis � O Street,Apt.No.; ~M"C"1ntO Sh 2323 Avenue U r- or PO Box No. PO Box 356 �--l ast Marion i.. P+4 Brooklyn,NY 11229 ctty siete,ZI --- _ --- 939 8. SCTM#1000-35-3-1 PS Form 3800,August " cO o (Domestic Mail, Only; Provided) Thomas F.Hamilton ,.q 718 Palm Dr. ' ' Aiken, SC 29803 Ln Gfi FORT 1 9 AN L"`-- i' l-- m 9. SCTM#1000-35-3-13.2 Postage $ $0.45 �'` 0901 a " m c Sterling Cemetery Assoc. C3 Certified Fee $2.95,V J 02" r C/o LeroyE.Fitting o �Postmarrll g Return Receipt Fee PO Box 187 (Endorsement Required) $2.35 c� HereO r",% Orient,NY 11957 Restricted Delivery Fee p (Endorsement Required) $0.00 ra m Total Postage&Fees $ $5.75 08/177201 Er Sent To o Jemc_o Realty--Assoc-LLC � Stiief,Apt No.; - 17 --PO Box No.--PQ- QX-6-7------------------------- City,State,ZIP+4 ��� G 119 e o rq . . r. I. • • • • r R , , �r'r _. EO) OW 04, j , D r%- Postage $ $0.45 � '''4 Postage $ $0.45 9U1 cc Certified Fee n IN O Certified Fee 4 fi s'3 f $�,95 � °`�"42 "r M. o $2.95 /0-7nstmarkP(&stmark ye` Return Receipt Fee n a Here O Return Receipt Fee n z Here e� a C3 (Endorsement Required) $2.35( 1J� (Endorsement Required) $�,35 r p'" I Restricted Delive Fee « Q Restricted Delivery Fee (Endorsement Required) $0.00 p (Endorsement Required) $0.00 t-Tco y G co r r9 Total Postage&Fees $5.75 ,,6$/17/2012 d e Total Postage&Fees $5.75 Q$�/ %�� ^d_ Er Sent o C3 Sent To o C3 Frank J Mcintosh stg--Gempetery_.AssLaca -c ._I�fe�C93' -- r� sfeer,'a t ivo.; - -'---.. ree, P. o., Fitting -- r- or PO Box No. PO Box 187 _ orpoBoxNo, PO Box 356 --- - - -- -- --• - - - - - -• — - - •------------------------- C...Stare,ZIP. Ciry,State,ZlP+4 Orient, NY 11967 t arion NY 11939 11 .• Postal CERTIFIED MAILtm 'RECEIPT I. • (born • m Ho)AIk N 1171 A L �;�� �Q �o f,.y "MKt.YN"NY 11 co Postage $ $0.45 ,1J 490 $0.45 e0 Postage $ erq Certified Fee $2.95 2 t N 02 1� Er $2.95 602 ck� l- I ark Certified Fee Return Receipt Fee rq C3 p 4 �� Here n Vq\0 M (Endorsement Required) $...3v Q Return Receipt Fee $2.35 d :114 Postr- -rk :r hl (Endorsement Required) Her Restricted Delivery Fee ;;;`? C3 s C] (Endorsement Required) $0.00 „;. •,..- ,"�,t«rs $0.00 d e O Restricted Delivery Fee p (Endorsement Required) o o Total Postage&Fees $ $5.75 0$/17/20r2 4,r C3 Total Postage&Fees $ $1.75 08/17/2012" D- Sent o r Sent To o Suffolk County Real-Property Division E3 John Abadiotakis Christian Abadiotakis Street,Apt.No.; ---------------------------------------------------------------- --------------- � ' f-POBoxNo.PO BOx 6100 � Street,Apt.No.; -------•--------- - -------- ------ -- ---- --------- -------------- - or PO Box No. city,ware,zrP+a - --•'' ''•-" - 0 2323 Avenue U Hau auge, NY 11788-0099 C3City,State,ZIP+4 _________________________ rookl n NY 11229 :11 11 °• •^ ® � a e. ® e ® eo ' i C3 _U m GRIP r 19t + y AI ! 20 C `I LLr .r=_ .. [�- Postage $ $0.45 z a � 1901r Ico Postage $ $0.45 0901 `r - c0 Certified Fee '? {/ n � $`• r 0` ITostmark ra Certified Fee $22.95 02 ` a Ly" Here ( _ Return Receipt Fee n k OO Return Receipt Fee ;'i i7lPo t8rt,�ark 0 (Endorsement Required) $�•3� ��V t (Endorsement Required) $2.35 - N V Restricted Delivery Fee f'` I, Restricted Delivery Fee ' O (Endorsement Required) $0.00 O (End 1 c0 orsement Required) $0.00 [tf Y h 0 Total Postage&Fees $ $5.75 '08/17/2012 0 <. .' O Total Postage&Fees $ $5.75 0$/17/201cn 'ar Er Sent To Trust, Country D-' Sent o L o Floyd King-Jr___Annty____________________Club Inc. Thomas F. Hamilton [7 freef,Apt.No: Street,ApCNo.;- --------------------------•------------------------------- [� or PO Box No ..--' 718 Palm Dr. T ------•______•__�� ---------------------------------------------_____._ ----------- �`- or PO Box No. Ciry,Srare,ZiP+4 ---------- -- -------------------------------City,State,ZIP+4 - "---"--'--'-'-'- Green ort NY 11944 en SC 2 803 :le 1e• :ee oe. f` `c .at CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 20, 2012 Zoning Board of Appeals Southold Town PO Box 1179 Southold,NY 11971 Attn: Vicki Toth Re: Peconic Landing at Southold, Inc. -Variance Application Dear Ms. Toth: In connection with the above matter scheduled to be heard by the Zoning Board of Appeals,enclosed please find an Affidavit of Mailing together with the green/white receipts postmarked by the Post Office. Please make these part of your record. Very truly yours, Charles R. Cuddy CRC:ik Enclosures V TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK In the Matter of the Application of AFFIDAVIT Peconic Land at Southold, Inc. - #6591 OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM# 1000-35-1-25 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charles R. Cuddy, residing at Mattituck New York, being duly sworn, depose and say that: On the 26" day of August, 2012, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon,securely upon the 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, near the entrance or driveway entrance of the property, as the area most visible to passerby, and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be September 6, 2012. Charles R. uddy Sworn to before e this 3"n y of Au st, 2012 Notary ublic Mary Louise Sudscrow i ary Public SMsi of New York jisA8NIt2d Suffolk Cou ty nission Expires Nov.2n1q Of ARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net September 5, 2012 Zoning Board of Appeals Southold Town PO Box 1179 Southold,NY 11971 Re: Peconic Landing at Southold, nc. -# 6591 Dear Ms. Toth: Enclosed please find the green signature cards and one certified mail notices which were returned to this office. Very truly yours, Charles R. Cuddy CRC:ik Enclosures i4 . I I 7ASign 1 • IELIVERY ■ Complete items 1,2,and 3.Also complete reitem 4 if Restricted Delivery isdesired., ❑Agent■ Print your name and address on the reverse "` ❑Addressee so that we can return the card to you. eceived by( rinted Name) C. Date of Delivery■ Attach this card to the back of the mailpiece, (i-WQA y Geno or on-the front if space permits. D. Is delivery address different from item 1? ❑Yes F �, 1. Article Addressed to: If YES,enter delivery address below: ❑No Floyd'P King Jr. Annty. Trust ` Country Club Inc. P PO Box 2066 Greenport, NY 11944 3. Service Type It Certified Mail Express Mail ❑ Registered Return Receipt for Merchandise ` ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7g09 t 0080 0001 8793 1698 (Transfer from service label) PS Form 3$11,February 2004 Domestic Return Receipt V - .� 102595-02-M-1540 • • • • D • SECTION ■ Complete items 1,2,and 3.Also complete A. SigELIVERY nature Agent item 4 if Restricted Delivery is desired. � ddressee ■ Print your name and address on the reverse so that we can return the card to you. B. Re��ue�i y Print d Name) C Date of Delivery ■ Attach this card to the back of the mailpiece, f ! r Z4 4 or on the front if space permits. - Yes D. Is delivery a dress different from item 1 1.. Article Addressed to: I enter delivery address below: ❑ No Frail,,, J. Mcintosh PO Box 356 East Marion, NY 11939 3. Sice Type �7 Certified Mail xpress Mail ❑Registered II Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number iarvice label) 7 0 0 5::18:Z 0 0 0 0 0 6004 1750 (Transfer froms :: PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; COMPLETE • ON SENDER: COMPLETE THIS SECTION e Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X /?tl e t ■ Print your name and address on the reverse ddressee so that we can return the card to you. B. Received b i ted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. C D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Jemco Realty Assoc. LLC PO Box 67 Greenport, NY 11944 3. rvice Type Certified Mail ❑ xpress Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ;(transfer from service label); :R 0 0 9 3 410 0000 3935 1108 ruary•2004 Domestic Return Receipt 102595-02-M-1540 PS Form 3811,Feb i — -- _ COMPLETE THIS SECTION ON DELI :- s ie Complete items 1,2,and 3.Also complete A. signatur item 4 if Restricted Delivery is,desired. X [3 Agent ■ Print your name and address on the reverse ❑Addressee so;that we can return the card to you. B. Received b rinted Name) C. Date of Delivery ■ Rtta'this card to the back of the mailpiece, or on the front if space permits. rig� D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Suffolk County Division of Real + Property Acquisition and Management PO BOX 6100 3. Service Type Hauppauge, NY 11788-0099 ❑Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise r ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7009 0080 0001 879� 1674 (transfer from service label) '` PS Form 3811,February 2004 ' ' Domestic Return Receipt ;' 102595-02-M-1540; COMPLETE •N COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X t�"ht�'� ❑Addressee so that we can return the card to you. B, �pedy(Printed e)_ C. Date of Delivery ■ Attach this card to the back of the mailpiece, / or on the front if space permits. i 7/) ll f� D. Is iv a dress differe rom it 1? El Yes 1. Article Addressed to: If YES,a ter delivery address below: ❑ No Mark Anderson Ors Anderson c/o F.J. Mcintosh PO Box 356 East Marion, NY 11939 3. S rviceType 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 service label) 7.0 0 9..3 410 0000 3935 1092 PS Form 3811,February 2004 '` Domestic Return Receipt 102595-02-M-1540 COMPLETE • ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. )11 ❑ ent ■ Print your name and address on the reverse ddressee so that we can return the card to you. B. Rece`ived by(Printed Name)7z .P to of Delivery■ Attach this card to the back of the mailpiece,. or on the front if space permits. y ywN S? t/�/l.Cr (J--4L 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No John A. Costello Sara Costello PO Box 2124 Greenport, NY 11944 - 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 service label)f f = 7 0 0:9 3 410 0000 3935 1115 'PS Form 3811,February 2004 7 Domestic Return Receipt 102595.02-M 1540 ) NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME PECONIC LANDING @ SOUTHOLD INC . #6591 MAP # 35EW11 =25 VARIANCE HEIGHT REQUEST Three story apartment building addition DATE : THURS , SEPT 6 , 2012 11 : 00 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 . ZOIN- Hl �' G BOUtARD =TnWIAIR' nF SOUTHn.LD 765 = 1809 r CH-Ax- LEs P.GUDDY ,t ATTORNEY AT LAW i U.S. POSTAGE II� IIIIIIIIIIIIIII DI�JERHEAPAI�D h�V 445 GBIFFING AVENUE i ca Y. 0. BOX 1547 'VNti£O sidiSS- G. ��I I� III RUAMOU01 NTIZ xrvERk-3hzn, NY IIaoI AVq9 3083 0001 8793 1681 posrdLsEnvtcs mMuirnuuum � 1000 11957 00059113-02 P RE 'ter" C ; eteryL13: ociati-oc/o Le�_o E. FittFO Bo 87 Ors it, NY 1.1957 1 ¢ G , _ — 9@,trrrt IV d GHAIRLES Fi.GUDDY ATTORNEY AT LAW i U.S. POSTAGE IIIIIIIIIilllllllll PAIO 445 GRIFFING AVENUE o'.IEgyEpO,plY 117.1 P. O. BOX 1547 AUAMOUNTI2 NY 119 Ol4609 UNIiEO STATESii �I -- I�iIVERxEAD, 9 5 8 rosmtsErsvlcE 11 1 ii I 3II� 7pp2 _046p pppIlilllllll " II I{., $b.t J 100101 -11229 - — 00059113-07 John Abadiotakis Cilrist. an .Abad.i.otaki"s 2323 Avenue U Brooklyn, NY l i-229 RN AS� AD - - x � - 1 R — .fie GHAALES n.GUDDY - -- - - - - ATTORN]EY AT LAW ' IIIIIIIIIIIIIIIIIII U.S PAPDSTAGE 445 GI�IFFING AVENUE �=,7 0���`ou90U nib y I I 11 1 11- IIII II l G 7,*i12 P. O. Box 1547 AMDUN UNITEDSTdiES POSTAL SERV,CER VERHEAD, NY 11901 7009 0080 0001 8793 169� AU - $5 5 1 Onn - - 00059�13-02 - I Floyd F. King Jr. Annty. Trust Country Club Inc . ;- PO Box 2066 �eu Greenport, NY 11944 l l 1;{} 1 yy it L� 1I itf! 43P I�sIE,� .t-JF t:��lit! SF121l33 � F-S3 f Il.4 607!dil °saw 4 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: ham://southtown.northfork.net August 6, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,September 6, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before August 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than August 27th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office.as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later August 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before September 4, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� ry�l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider Ol''COOm Southold,NY 11971. http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631.)765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: August 7, 2012 SUBJECT: Request for Comments ZBA#6591 — Peconic Landing at Southold Inc. As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Peconic 35.-1-25 #6591 7-9-12 280-23 817/12 Perkins Landing at Eastman Southold Inc. Your comments are appreciated by August 28, 2012. Thank you. Encls. cps olo Tovm BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �QF $DU�y 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. .1� Office Location: Gerard P.Goehringer A Town Annex/First Floor,Capital One Bank George Horning -'c► • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider Olif'CDU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 August 7, 2012 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: ZBA File #6591 Owner/Applicant: Peconic Landing @ Southold Inc. Action Requested: Three story apartment building addition Within 500 feet of: (X) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Byc2 . Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �OF SO(/ry 53095 Main Road•P.O.Box 1179 � alp Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider ��yCOUNT`l Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 December 7, 2012 Charles R. Cuddy Attorney at Law P.O. Box 1547 Riverhead,NY 11901 RE: ZBA Application#6591, Peconic Landing at Southold, Inc. Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's December 6, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing .any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. \Sincerely, V �^ Vicki Toth Encl. Cc: Building Dept. 70 W, 3,'22,2-F Qr. ............ .--------------- kaoi G k0a)r, (2 Sob -Aa-� _ZbO. 3 'c2� MATCH SEE SEC.NO.MG OVao0 -————————————————---Z————————————————--- 5 NMY ID zs 2 27.3 I.SA 27.2 1AA VID 29Z�(C) STEWNGCbMEMW lb 'N N 348.979 3 4 2 Of SO 7 9 8 :49A(c) 9 10 13A MA lk rp 132 13.6 10 11.6A(C) 6-- 13.5 Z(5 . Sr.Al INSERTA "311,111 Z SCALF-"l-100. 67 '36 g6 ,3- r NOTICE