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HomeMy WebLinkAbout3915 r+Y .%,,rxf UL APPEALS BOARD MEMBERS SCOTT L. HARRIS s . ,: N. •�; Supervisor = r: Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3915 - Application of JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved, for permission to construct retail stores in conjunction with office building uses; proposed retail construction is not permitted in this RO Zone District. Property Location: 1000 Main Street and 160 Main Road, Greenport, NY; County Tax Map District 1000, Section 34, Block 2, Lot 1. WHEREAS, public hearings were held in the Matter of the Application of JORDAN'S PARTNERS under Appeal No. 3915; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the physical characteristics of the land, its present zoning, its previous zoning classification(s) , and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the January 31, 1990 Notice of Disapproval in which an application dated May 9, 1989 was considered by the Building Inspector to construct office and retail stores, which was disapproved on the following grounds: ". . .Under Article VII, Section 100-71, proposed construction is not a permitted use in this district. Action required by the Zoning Board of Appeals. . . ." 2. The premises in question consists of 4.75+- acres with frontages along three streets: (a) North Road (a/k/a State Route 25) along the northerly end of the premises, (b) Main Street (a/k/a State Route 25) along the westerly end of the premises, and (c) Knapp Place (a town street) along a southerly 79. 97 ft. portion which is situated in the Residential Zone District, Hamlet of Greenport, Town of Southold. Page 2 - Appeal No. 3915 Matter of JORDAN'S PARTNERS Decision Rendered October 17, 1990 3. Since January 9, 1989, most of the subject premises has been situated in the Residential-Office (RO) Zone District, and only a small section (approximately .30 of an acre) has been situated in the R-40 Residential Zone District. The entire tract is vacant land, except for partially completed foundation- construction which includes footings and concrete wall extending 372.6 feet in an east-west direction. 4. Surrounded on its southerly .and easterly boundaries are residential communities in the R-40 Residential Zone District. To the north are State Route 25, and to the north thereof a preexisting restaurant located in the Limited Business (LB) Zone District and residential communities in the R-40 Residential Zone District. To the west are Main Street and residences in residential use districts. 5. The following facts and events are additionally noted for the- record: (a) On October 3 , 1985, the Southold Town Board adopted a moratorium concerning all business and industrial zone districts; (b) On October 10, 1985, an application was pending before the Southold Town Planning Board (referred to as 11280 North Road," applicant) and which was under a town-wide moratorium affecting all business and industrial zone districts in the pending "Master Plan Revisions" ; (c) On October 22, 1985, the Town Board denied the request of the applicant (by his attorney, John C. Tsunis, Esq. ) for the requested Waiver under the provisions of" Local Law #14-1985 for the reason that the uses proposed were inconsistent with the proposed Residential-Office Zone District provisions; (d) It is apparent that during 1985 and 1986, and up until January 9, 1989 (the date of adoption of the new zoning regula- tions) , the subject premises was being considered by the Town for a change in the zoning use district to Residential-Office (from B-Light Business) . In the applications before the Town Board and Planning Board during the period from 1984 through 1985, a site plan dated September 9, 1985 was filed for an office mall area in excess of 12,000 sq. ft. , together with retail stores and bank facility. (See copy of site plan on file with the Southold Town Clerk and Planning Board) . Page 3 - Appl. No. 3915 Matter of JORDAN'S PARTNERS Decision Rendered October 17, 1990 5. (e) Again, on January 13, 1986, John Tsunis, attorney for the property owner, requested a second Waiver under the provisions of the moratorium, and the record is clear, as is also shown in the February 4, 1986 Town Board minutes and in its resolution granting a waiver at the same meeting, that: ". . .the applicant proposes to utilize the premises to conform with the uses in a Residential-Office Zone District. . . ." (Emphasis added) (f) Following the grant of the waiver to utilize the premises to conform with the uses in a Residential-Office Zone District, the applicant/property owner proceeded to make amendments to the Planning Board under the site plan process. (g) On June 23, 1986, the Planning Board adopted a resolu- tion approving a site plan for the building and on-site changes. It should be noted that although the Planning Board proceeded under the site plan process, the Town Board waiver was strictly for those uses which would conform to those in the Residential- Office (RO) Zone District. (h) It is noted for the record that the Planning Board is and has always been without authority to consider a change of use, change of zone, or use variances, and the proper forum for those requests are before the Town Board as a legislative agency and/or Board of Appeals as a quasi-judicial agency. (i) The applicant has also furnished the board with copies of canceled checks, invoices, and a list of expenses which the applicant asserts was expended during the course of this project. The Board has evaluated the record and notes that the expenses are not itemized and are without a clear breakdown for the total claim, thus the Board questions the validity of some of these claims, including real estate taxes on vacant land; fees for consultants as well as attorney fees to review the town files and represent the applicant in the proceeding before this Board; certain expenses for real estate commissions (which are normally paid by the seller rather than. the purchaser if the commissions were for the sale of the premises) ; closing costs were not itemized; mortgage payments with interest were claimed without specific time periods or any breakdown as to how the figures were arrived at; the amount given for the purchase of the land differs from that shown in the Suffolk County real estate transfer records; insurance expense was given without a breakdown as to type or coverage or time periods covered; purpose of payment of corporate tax and miscellaneous expenses was not provided; and the purpose of incurring certain expenditures as a necessity in the process to the extent charged is not provided. Page 4 - Appl. No. 3915 Matter of JORDAN'S PARTNERS Decision Rendered October 17, 1990 6. At this juncture, it is noted that on May" 18, 1989, approximately 2-1/2 years after receiving final site-plan approval, an application for a building permit was filed with the Town Building Department. 7. on June 8, 1989 Building Permit No. 18187Z -was issued by the Building Inspector`s Office for an "office and retail store shopping center. " At the time the building permit was issued, retail stores in the RO Zone District were not allowed or permitted uses; and the building permit was issued in error. Approximately three months later, the footings and partial foundation construction was placed. 8. On November 30, 1989, a Stop Work Order was issued. 9. On January 31, 1990, this appeal application was filed with the Office of the Board of Appeals and Town Clerk. 10. In addition to evaluating all documentation in the Planning Board file, Town Clerk file, Assessors records, County real estate records, and the Building Department file, and documentation and testimony submitted in support of the application, the board has also considered all testimony and written material against the application, or as otherwise presented by mail, in person or during the public . hearings. The public and the landowner were provided with full opportunities to present their views. 11. Article VII, Section 100-71B, Residential-Office Use regulations of the Zoning Code do authorize several uses proposed in the applicant's site plan construction project, to wit: professional offices and business offices, by Special Exception by the Board of Appeals subject to site plan approval by the Planning Board provided that not more than one (1) use shall be allowed for each forty thousand (40,000) square feet of lot area. 12. Article VII, Section 100-71B of the Residential-Office (RO) does not, however, provide for retail stores or shops, and certain retail uses are provided for in business zone districts and then only as specified therein (i.e. , Limited Business (LB) , Hamlet Business (HB) , Business B, etc. ) 13. In considering a use variance, the Court of Appeals has set three requirements which must be clearly shown by the evidence before the variance may be granted. First, that the land cannot yield a reasonable return for allowable purposes; second, the plight shall be due to unique circumstances and not to the general conditions of the neighborhood which may reflect the unreasonableness of the zoning ordinance; and third, that the use sought by the variance will not alter the essential character of the locality. Page 5 - Appl. No. 3915 Matter of JORDAN'S PARTNERS Decision Rendered October 17, 1990 14. With reference to the first requirement, there is no doubt that the property owner has offered proof of many expenditures during the entire site plan process, with excep- tions as noted in paragraph 5(i) , supra. This board will not question that large sums of monies have been expended, but it is questionable as to whether the sums paid were properly applied in "dollars and cents proof," and whether some of the sums paid were to the same individuals -who sold the property and those that purchased the property. It appears that one individual seller was also the purchaser in the property transfers. Therefore, sufficient proof has not been furnished showing a "proportioned" sales price proportioning a part of the financial loss in this project. Also, the record does not disclose any other individuals or parties which have had a financial interest in the property which might affect the sales prices over the years. 15 '. With reference to the second requirement, the Board finds that the property owner has not proven that the subject premises could not be used for other uses under the same provision of the Residential-Office Use regulations (100-71B) ; i.e. 100% professional offices and business offices as compared to the partial (15,000 sq. ft. ) proposal in the subject project. In fact, the property owner is proposing to use the premises and proposed building for permitted office uses (by Special Exception) . Additionally, other uses which are also authorized by Special Exception in this Residential-Office (RO) Zone District are residential use, funeral home use, art galleries, museums, libraries, wineries. It is noted that within a few short blocks of - the subject property there is a hospital and professional office building. The record is clear, by the maps,. that office use is feasible for future construction on this vacant parcel. Appellant in the Board' s view did not establish that the present investment was inadequate for professional/business office use; and it is well known that due to the conditions of the economy throughout the North Fork, land values have depreciated. - It should be noted that many- of the expenses paid may also be applied to professional/business office mall uses, " and the landowner has not been deprived of his right to use the land as zoned. (Gordon v. Town of Huntington, 1962, 230 N.Y. S2d 619) . A landowner who seeks a use variance must demonstrate factually, by dollars and cents proof, an inability to realize a reasonable return under existing permissible uses, and not, however, in foreseeable context. Conclusory testimony of a witness, unsupported and unsupplemented by underlying concrete facts is not sufficient proof. Page 6 - Appl. No. 3915 Matter of JORDAN'S PARTNERS Decision Rendered October 17, 1990 1-6. With reference to the third requirement, it is the opinion of this Board that the essential character of the locality will be altered. The locality consists mostly of single-family residences, and there is. one preexisting restaurant. 17. In considering this application, the Board also finds and determines: (a) sufficient proof has not been demonstrated as required by the statutes to show that: (1) the property cannot yield a reasonable return with underlying facts in dollars and cents proof; (2) the burden of proof of unnecessary hardship or that literal application of the zoning ordinance would result in unnecessary hardship has not been sufficiently met (Otto v. Steinhilber) ; (3) the use to be authorized will not alter the essential character of the locality; (b) the uses proposed are not permitted uses in this zone district and will not be in harmony with the general purposes and intent of the zoning ordinance; (c) the current uses of the property and the zone district regulations are not so restricted that the premises could not be used for reasonable purposes; (d) the Board does not dispute that the circumstances . . and events which have taken place are unique; (e) the property .in question is centrally located in center of other Residential Zone Districts, and although the Residential-Office Zone District does permit office use as well as residential use; (f) this Board cannot under the semblance of a variance exercise legislative powers; (g) the denial of this use variance will not cause a building to be destroyed or replaced since the land is vacant with the exception of the foundation wall/footings as mentioned previously; (h) ' this variance may not be granted because the applicant claims a higher return for retail uses rather than office use or other uses authorized in this RO use district; Page 7 - Appl. No. 3915 Matter of JORDAN`S PARTNERS Decision Rendered October 17, 1990 (i) Good faith. reliance- on an invalid permit does not automatically entitle the applicant to a variance {See Rejman v. Welch, 112 AD2d 795, 492 NYS2d 295 (1985, 4th Dept. ) } ; (j ) The issue of a use variance is not whether the use as presently zoned is the most profitable use, but merely whether that use will yield a reasonable return, (see Bellanca v. Gates, 97 AD2d 971, 468 NYS2d 774 (1983, 4th Dept. ) , affd. 61 NYS 2d 878, 474 NYS2d 480, 462 NE2d 1198. ) (k) An application for a change of zone is not without merit and has not been exhausted. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief requested in the Matter of the Application of JORDAN'S PARTNERS under Appl. No. 3915, for the reasons stated above. Vote of the Board: Ayes: Messrs. Goehringer,: : Doyen, Grigonis and Dinizio. (Member Sawicki was absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, IRMAN I .- CEIVED AND FILED BY THE SOUTHOLD TOVM CLF ,RK ' DATE 161Zz19°HOUR ca Town Clerk, Town of Southold s 4 APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman �'`® �� Supervisor Charles Grigonis, Jr. °~:� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 22, 1990 John C. Tsunis, Esq. Scott Zamek, Esq. 801 Motor Parkway .Hauppauge, NY 11788 Re: Appl. No. 3915 - Jordan's Partners Gentlemen: Receipt is acknowledged of your payment of the following copies, which are transmitted herewith as requested: May 30, 1990 Hearing Transcript June 27, 1990 Hearing Transcript July 25, 1990 Hearing Transcript September 6, 1990 Resolution to conclude (close) all portions of the hearings and to commence deliberations. Very truly yours, Linda Kowalski Enclosures JOHN (C. TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS October 18, 1990 SCOTT ZAMEK D QCT 2 2 1990 Town of Southold Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Att: Linda Re: Jordan' s Partners Main Road & Main Street Greenport, .New York Dear Linda: Pursuant to our telephone conversation of yesterday, I am enclosing a check. in the amount of Nineteen and 50/100 ( $19. 50) Dollars, payable to the Town. of. Southold-to cover the costs in- curred in providing me with copies of transcripts for the hearings concerning the above referenced applicant: 1. May 30, 1990 - 39 pages 2. June 27, 1990 - 30 pages 3 . July 25 , 1990 - 8 pages 4. September 6, 1990 - 1 page Thank you for your cooperation in this matter. Very truly yours, John C. Tsunis, Esq. BY: COT Z—ADIM, ES . SZ/krs P.S. This shall also confirm that you will be forwarding to me a copy of the written decision regarding this application. GREENPORT ( 1) : TWNSTHLD 801 MOTOR PARKWAY•HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000• FAX:516-582-4256 Southold Town Board of Appeals -3- September 6, 1990 Special Meeting (Appl. No. 3701 - Zahra decision, continued: ) 6. On November 17, 1988 the Supreme Court rendered a decision remanding the issue of the nonconforming apartment use back to the Zoning Board of Appeals and reinstated that portion of the building permit which relates to the permitted restaurant use. 7. On January 10, 1989, the subject premises was , re-designated Hamlet Business (HB) under the new Master Plan `revisions. 8. During 1990, additional hearings were held by this Board, and deliberations commenced July 25, 1990 ". . . concerning the status of the second floor apartment as a nonconforming use. . ." (as per the Supreme Court's decision rendered November 17, 1988, Index No. 7725-88) . NOW, THEREFORE, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, that based upon the record and personal knowledge of the board, reinstatement is hereby GRANTED for the apartment use on the second floor for single-family occupancy, with renovations and new construction as exists and as furnished for the record, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the apartment not exceed 825 sq. ft. in total floor area; 2. That the apartment comply with all other codes, rules and regulations applicable thereto, including local and state fire construction codes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. (Absent due to hospitalization was Member Sawicki. ) This resolution was duly adopted. RESOLUTION TO CONCLUDE. Appl. No. 3915 - JORDAN'S PARTNERS. On motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to conclude all portions of the hearing in the l Matter of JORDAN'S PARTNERS under Appl. No. 3915 at this time 1 and to commence deliberations. Southold Town Board of Appeals -4- September 6, 1990 Regular Meeting (Appl. No. 3915 - JORDAN'S PARTNERS, resolution,. continued: ) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent due to serious illness. ) This resolution was duly adopted. HEARINGS FOR NEXT REGULAR MEETING: .. On motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to schedule and authorize advertisement of the following applications to be held on Wednesday, September 26, 1990 commencing at 7:30 p.m. at a Regular Meeting of the Southold Town Board of Appeals at the -Town Hall, Main Road, Southold, NY: 7:35 p.m. Appl. No. 3961 - VENETIA McKEIGHAN 7:40 p.m. Appl. No. 3966. PETER BLOOM. 7: 46 p.m. Appl. No. 3964 - KENNETH MINNICK. 7:55 p.m. Appl. No. 3967 - KIM CAMPBELL. 7:58 p.m. Appl. No. 3963 - FRANK CURRAN. 8:00 p.m. Appl. No. 3960 - THOMAS AND ALLISON SARGENT. 8:05 p.m. Appl. Nos. 3951 and 3957 - JAMES, PETER AND CHRIS MESKOURIS. 8:24 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO and A. AURICCHIO 8:45 p.m. Appl. No. 3938 - VILLAGE MARINE. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectively submitted, _Doreen Ferwerda, Secretary Board of Appeals 1 SOUTHOLD TOWN ZONING BOARD OF APPEALS r ���►�-' �� " COUNTY OF SUFFOLK . STATE OF NEW YORK 2 --------------------------------------X 3 SOUTHOLD TOWN ZONING BOARD OF APPEALS 4 HEARING, 5 --------------------------------------X 6 _Town Hall 53095 Main Road 7 P.O. Box 1179 a Southold, New York 8 9 9: 45 P.M. 10 B E F 0 R E: 11 GERARD P. GOEHRINGER, Chairman 12 13 BOARD MEMBERS: 14 CHARLES GRIGONIS, JR. , Absent 15 SERGE DOYEN, JR. 16 JOSEPH H. SAWICKI, Absent e 17 JAMES DINIZIO, JR. 18 s 19 A L S 0 P R E S E N` T: 20 DOREEN FERWERDA, Secretary o ' U " 21 u x s 22 23 24 GAIL ROSCHEN Official Court Reporter 25 1 44 2 point, I think the documents speak for them- 3 selves, and if they do not I will be pleased 4 to answer anything in writing with respect 5 to those files. 6 THE CHAIRMAN: Hearing no further comments, 7 I make a motion closing the hearing. a 8 MR. DOYEN: Second. 9 THE CHAIRMAN: All in favor? 10 MR. DOYEN: Aye. 11 MR. DINIZIO: Aye. 12 THE CHAIRMAN: On Jordan' s Partners, 13 Appeal Number 3915, we took it out of sync 14 and let Mr. Tsunis go. There were other people 15 tonight, and we took it out of sync. What 16 we did, we gave him a letter requesting that 17 he divulge the members of the corporation. We O 0 18 further recessed the hearing to the next a 19 regularly scheduled meeting, waiting for a W Z 20 decision from the Planning Board on the evalu- 0 21 ation of the site plan and we will close the W ` 22 hearing if -- or if we do not receive the site 23 plan evaluation at the next regularly 24 scheduled meeting. 25 (Time noted: 10: 55 p.m. ) 1 45 2 C E R T I F I C A T I O N 3 4 I, Gail Roschen, an Official Court Reporter, 5 do hereby certify that the foregoing is a true and 6 accurate transcript of my stenographic notes taken on m 7 July 25, 1990. m a 8 9 10 G TT ROSCH N 11 12 13 14 15 16 e 0 17 0 18 s 19 W o 20 21 u z W 22 23 24 25 1 SOUTHOLD TOWN ZONING BOARD OF APPEALS • COUNTY OF SUFFOLK : STATE OF NEW YORK 2 ---------------------------------------x 3 SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING, 4 ---------------------------------------x 5 Town Hall 6 IE O W E 53095 Main Road a n U P.O. Box 1179 a Southold, New York 11971 � 'tt i QQQ U Z w"VV6 8 June 27, 1990 LL •,.: 2 pg�1 7: 3 5 P.M.' 9 - 10 B E F 0 R E: 11 GERARD P. GOEHRINGER, Chairman 12 . 13 B 0 A R D M E M B E. R S: 14 CHARLES GRIGONIS, JR. 15 SERGE DOYEN, JR. r, N 16 JOSEPH H. SAWICKI w 0 Z 17 JAMES DINIZIO, JR. o � a Z 18 19 A L S 0 P R E S E N T: 20 DO 11 REEN FERWERDA, Secretary Z 21 0 c m 0 22 U 23 24 GAIL ROSCHEN 25 Official Court Reporter 1 99 2 MR. DINIZIO: Aye. 3 THE CHAIRMAN: The last appeal is 4 Appeal Number 3915, in behalf of Jordan' s 5 Partners. It is a reconvening hearing from 6 the prior meeting. We will ask Mr. Tsunis, 7 is there anything he would like to add? 8 MR. TSUNIS: John Tsunis, 801 Motor 9 Parkway, Hauppauge, New York. 10 I will be very brief. I just would 11 like to mention tothe Board that subsequent 12 to the last hearing, I submitted some affi- 13 davits. There was a question as to a para- 14 graph on my margin that indicated that property 15 was to be developed as residential lots. At 16 that time, I indicated I never saw that par- 0 z 17 ticular phrase. Apparently someone, either 0 0 18 in the title company or the County Clerk' s 19 Office, put that language in there. There W 2 m 20 was a technicality required by a regulation in 0 21 the County Clerk' s Office to record the deed u z W ` 22 on the vacant piece of land. It was at no 23 time submitted to me. I never saw it. 24 Their affidavit by the vice president 25 of the bank, which issued the mortgage, indi-..... 1 100 2 cated at no time was it ever indicated or 3 suggested or planned to be developed as a 4 residential use. 5 I would like to report to the Board, 6 also, that I received a letter from one of 7 my tenants terminating the lease that he $ executed, because of the longBela delay and asking 9 for his deposit back. I have lost at this 10 point in time McCrory' s and I have pleaded 11 with my last remaining tenants to please bear 12 with me until I have a determination from 13 this Board, until they terminate theirs and 14 they are willing to do that. 15 Mr. Chairman, I think the facts are 16 absolutely crystal clear in this case; that e 0 17 the hardship in this particular application 0 18 is apparent in that basically $826, 000 has s 19 been expended on a piece of property that was W 20 properly zoned at the time of acquisition. 0 21 That was approved by the Planning Board. A u z W 22 site plan was approved, Board of Health permits 23 were issued, and due to some reason, at the 24 Building Department within the Town of Southold 25 a building permit was not issued because 1 101 2 municipal water would not be granted to me. 3 I patiently waited. I patiently waited, 4 even for three years when I' begged and pleaded 5 that I would drill my own well. That I took 6 a test hole and that it was clean water, and 7 that I was denied a permit even though I g 8 could drill my own well and get clean water. 9 Subsequently after much persuasion, 10 a permit was issued and indeed it was issued 11 because I could drill my own well and get my 12 own water and when municipal water was avail- 13 able' I agreed I would tap into the municipal 14 water system. 15 Subsequent to that, the Village of 16 Greenport sent me a letter. Their letter said, 0 17 in effect, congratulating me. The project is 18 on its way, and if I could see my way clear s 19 to give them water they would expedite water W _ m 20 to me. I submitted that letter to the Board. o - 21 Approximately three years later I have ;:; _ W L 22 a building permit that was subsequently 23 revoked, because the building inspector 24 advised me three or four months after I was 25 issued the permit that the property was rezoned. 1 103 f 2 " zoning was changed. The zoning was changed 3 because of the potential disastrous results 4 that could happen by having a. shopping distict 5 outside the limits of the Village of Greenport 6 downtown shopping district. It was one of 7 the major goals on the master plan, to preserve F 8 the world of nature of this area and one of the 9 ways to do 'that is to prevent a commercial 10 sprawl and the resulting deterioration of the 11 downtown. That is the reason that action was 12 taken. 13 That is not your particular concern. 14 I understand. You are looking for hardship. 15 You-have to determine there is a hardship, but 16 this matter has come before the Board, the O o 17 Town Board, and they were not granted relief 0 18 from the Town- Board. It sounds to me that s 19 relief might more probably be granted through W 0 20 the legal process, if there was unnecessary 0 21 delays by the Building Department or site z W 22 plans were approved and subsequently withdrawn 23 or whatever happened. I am not really familiar 24 but it seems to me that a case for real hard- 25 ship has not been made. r: . 1 102 2 I was unaware of it. Obviously .the building 3 inspector was unaware of it, although the 4 Town delayed issuing thee. building permit for 5 that three-year period until that zoning was, 6 in fact, changed. $826, 000, my family' s money, 7 Mr. Chairman. I now have an appraisal for F 8 $150, 000. I suggest to you that is not a 9 reasonable rate of return. I suggest to you 10 that would devastate any family on Long Island, 11 to sustain that kind of loss. 12 The law as applied in this particular 13 instance, I think, is very unclear. I agree 14 with the Board that the use variance should 15 be very sparingly used, but this application 16 cries out for relief, Mr. Chairman, and I e g 17 respectfully leave it in the Board' s hands. 0 18 Thank you. ` e 19 THE CHAIRMAN: Is there anybody else W m 20 that would like to speak in favor of this 0 21 application? _ W L 22 Is there anybody that would like to 23 speak against the application? 24 MR. TOWNSEND: Joseph Townsend, Jr. 25 I was on the Town Board at the time thel 1 105 2 I was told that the building permit was revoked, 3 because the zone was changed. The Building 4 Department -- I don' t know if the Building 5 Department knew if, in fact, that was changed 6 or not. I certainly did not. I can tell you that forthrightly. When I inquired of the 8 Town Attorney and members of the Town Board, 9 they directed me to this Board to seek 10 administrative relief. 11 THE CHAIRMAN: This was after the 12 building permit was revoked. 13 MR. TSUNIS: Yes, sir. It was 14 incredulous to me after three years of waiting 15 with the proper zoning in hand, with site 16 plan approval, with Planning Board consent, e 17 with Board of Health approval in hand I am 0 18 waiting for the building permit and I cannot s 19 drill a well to get water on my own property. W Z m 20 It is incredulous to me that I am delayed, 0 21 and it absolutely appears to me and my counsel V Z W 22 that the delay was deliberate for three years. 23 It is incredulous to me that that 24 happened, and while I brought it to the 25 exclusive attention, they directed me to this 1 104 2 If, however, this Board determines there 3 is a hardship I would hope there is some other 4 relief that would be given. I don't know what 5 it is. It has been so long since I have been 6 involved in this. 'I don' t know what your 7 powers are, but if relief is to be granted in � 8 some other area, for instance, in a multi- 9 family housing or something where there is a 10 more demonstrated need, I think it would be 11 both to the Town' s benefit and to the Appli- 12 cant' s benefit. Thank you. 13 THE CHAIRMAN: Thank you, Mr. Townsend. 14 Mr. Tsunis. 15 MR. TSUNIS: My response to that, so the 16 Board is aware, Mr. Townsend, I don' t know 0 17 where you heard that information. I never is applied to the Town for a change of zone. I Z 19 inquired, in disbelief, whether or not the W m 20 land was rezoned while I was awaiting for 0 21 three years for my building permit, when I z W 22 was told, in fact, it was. Also, I thought I 23 did receive a building permit and I relied on 24 that building permit. I put 29, 000 square feet 25 of cement in the ground. No one said a thing. Lr 1 107 2 was waiting for his approval for the water or 3 whatever it was. 4 There were letters sent to the Planning 5 Board trying to get an extension of his site 6 plan. I would be interested to know, and I 7 think this Board should know, what steps he 8 took to preserve his application. 9 MR. TSUNIS: Mr. Chairman, that is a 10 very good point because I was concerned about 11 that. The Town of Southold does not require 12 extensions for the site plan approval. I 13 inquired many, many times. Once a site plan 14 approval is approved, it is approved and there 15 is nothing necessary in addition to perfect it. 16 Unless that rule has changed. There was nothing 0 17 a to do. 18 THE CHAIRMAN: I think it is three years . O a 19 now, and after that you have to go back for z 20 readdressing. 0 21 MR. TSUNIS: My gripe is not that the :; . u z W L 22 zoning was changed. My gripe is that I was 23 not issued a building permit pursuant to all 24 the regulations in effect for that three-year 25 period. However, a permit was subsequently 1 106 2 Board for administrative relief because it is 3 a unique circumstance concerning this property. 4 It is an abomination what happened to my 5 family here. I absolutely did not go to the 6 Town Board. I came to the Zoning Board of 7 Appeals for relief and I applied for the use 8 variance, as I was directed by .the Board and 9 the Town Attorney at that time. So that' s 10 what happened. 11 THE CHAIRMAN: Mr. Townsend wants to 12 just reflect on that. Would you step up, 13 at this point, because there are two other 14 issues I have to bring up concerning the closing 15 of this hearing. 16 MR. TOWNSEND: Thank you. I would like 0 0 17 to respond to that and the changes on the 0 18 master plan, which were talked about at great s Z 19 length at several meetings . W z e 20 They were advertised, according to the 0 21 requirements, in the local papers several times. u z W 22 It is not that I don' t have compassion for Mr. 23 Tsunis but there was an error on his part, 24 whether he had his building permit or not, 25 whether the zoning was changed all the time he 1 1 108 2 issued based upon my original plea to drill 3 a well. If that building permit, Mr. Townsend, 4 was issued originally, I would not be here 5 now. I would have complied with everything. 6 Only because of this three-year municipal 7 delay, whether it was on behalf of the Village � 8 of Greenport for not giving municipal water -- 9 I heard I was Number 4 on the list for three 10 years -- or because the Building Department 11 did not issue a building permit even though 12 I requested to drill my own well. That is 13 the hardship I am facing here. There was some 14 roadblock. Why for three years I could not 15 get it, and all of a sudden I can get 'it? 16 That is the question. That' s my hardship. o w 0 17 MR. TOWNSEND: To the extent the Buildin 0 18 Department caused you to lose that money, have s 19 you taken them to court for that? Are you W _ m 20 pursuing Article 78? 0 21 MR. TSUNIS: Legally speaking, Mr. ;;�; u z W L 22 Lessard advised you have to execute all 23 administrative remedies before any civil or 24 any kind of action is taken against the Village 25 of Greenport, the Town, or any individual who 1 109 2 may have willfully or, for one reason or another, 3 acted in violation of my rights or the law. 4 So that' s why I am here. 5 THE CHAIRMAN: Before I continue, I 6 want to make you aware of the fact that this 7 is a final hearing for verbal testimony. What F 8 we are doing is very simply sending the site 9 plan back to the Planning Board for a last 10 perusal to make sure it is still in order. I 11 will close the hearing with no more oral 12 testimony. At the next regularly scheduled 13 meeting, you are very welcome to come if you 14 so choose to, and I am just going to look at 15 it at that point. I don' t want them to give 16 me information that I can' t accept and be put e 0 17 into this file. When I close the hearing that 18 is usually the case, Mr. Tsunis, and that is '^ s 19 why I don' t want that to happen. W m 20 MR. TSUNIS: Yes, Mr. Chairman. Frankly 0 21 I really don' t know if the site plan -- now u z W L 22 you are telling me it was three years. I was 23 never advised of this three-year period. This 24 is the first I am hearing of it. All I can 25 tell you is it was pursuant to Code. I did not i 1 110 2 ask for any kind of relief whatsoever. I 3 built only what the Board permitted me. 4 Obviously the site plan is defective. 5 THE CHAIRMAN: Why is it defective? 6 MR. TSUNIS: Because it was not zoned 7 properly. However, if it was interpreted or � 8 refused pursuant to the pre-existing Code, 9 if the interpretation is that I was refused 10 because I expended hundreds of thousands of 11 dollars,, because I was refused because I have 12 everything in order except the building permit 13 because someone didn' t issue it to me, for 14 one reason or another, that was out of my 15 control -- or that I could have effectuated -- 16 that was asked of me to effectuate now. e 0 17 THE CHAIRMAN: Right. If there so comes 4 0 18 a point where the Planning Board said no, the s 19 site plan is not in order, then I will let W 0 20 them tell us why it is not in order and we 0 21 will have to reconvene the hearing. u z W 22 MR. TSUNIS: That would be a very curiou 23 case. 24 THE CHAIRMAN: We are not closing the 25 hearing for that particular reason. I will 1 111 2 certainly ask them is it in order at the 3 present time, based upon the original site 4 plan. 5 I do want you to know that I do under- 6 stand your plight, and before I say what I 7 finallywant to say, I just want to make sure 8 that everybody else remembers there is no 9 more verbal testimony after this hearing. We 10 are going to close the hearing and the matter 11 at the next regularly scheduled hearing 12 assuming we have the report back from the 13 Planning Board, which we will send them a letter 14 over tomorrow. 15 Are there any questions from anybody? 16 MR. TSUNIS: Mr. Chairman, one other e 17 issue, in case it means something to the Board. 0 18 I had a land loan on this property for s 19 a very long period of time. The bank demanded W _ m 20 the last month that I reduce that land loan 0 21 by $100, 000 due to the pending uncertainty. -=z V _ W a 22 MR. CHAIRMAN: Mr. Tsunis, at the last 23 hearing on the way out you said to me, "I 24 appreciate, " to some degree, "I appreciate the 25 courtesy. " That this Board has run a good 1 112 2 hearing and a fair hearing, and so on and so 3 forth. I don' t know if you remember the 4 conversation. 5 MR. TSUNIS: Yes, sir. 6 THE CHAIRMAN: You are truly a gentleman 7 and so is your staff and so are the people, � 8 good woman and gentleman who have come before 9 us. I will truthfully say that there was a 10 real degree of professionalism in the way 11 things have been presented in this hearing. The 12 only thing that bothers me to this particular 13 degree, at this point, is that- you have not 14 shown me or the other four members -- this 15 gentleman here and the gentleman to his left 16 having been on the Board since the inception 0 0 17 of the zoning, since 1958 -- prior to the 0 18 zoning they have been on this Board you have s 19 not shown me that this property cannot be used W Y 20 for the professional office park or business m 21 park. That is the . only thing you have not V _ 22 done to this date. 23 I am saying it would be unkind of me to 24 have you. leave here thinking that you have, �- 25 because you have not. I am only speaking of 1 113 2 me. I am not speaking as a member of the 3 Board, at this point. 4 MR. TSUNIS: First of all, let me just 5 touch on one thing. At the last meeting, also 5 I think the meeting was stopped midway because 7 some personnel from the Incorporated Village 8 of Greenport requested we explore any alter- 9 natives or any avenues, or whatever. I said 10 I would be open to that. A meeting was 11 scheduled last week. Someone was ill in the 12 Village of Greenport and could not attend. 13 There was no meeting, although I believe both 14 parties tried to effectuate that. I would 15 also assume that the various municipal agencies 16 would sit on the sidelines, as well, and wait e Z 17 to see what the decision is in this case. 0 0 18 Speaking to the fact that cannot be v. s 19 used as a professional office -- W _ 20 THE CHAIRMAN: Or business office. 0 21 MR. TSUNIS: I believe if you would 3 _ W d 22 review the record, someone from my staff had 23 testified that we advertised the property for 24 a period of time and my office has also been 25 out in the field contacting people. His name 1 114 2 was Stuart Kramer. I can also attest to it, 3 because besides being an attorney I am a 4 developer and I work to lease my property. 5 Except for some interest by a chiropractor 6 and perhaps a dentist, the request for 7 professional office space in this area is E 8 devoid of any demand. 9 I also believe that the way the Code is 10 written as RO, residential/office, I don' t 11 believe offices as a. matter of right must be 12 built there. I think .a. special permit must 13 be obtained. The fact of the matter is all 14 I can build there, asd a matter of right, is 15 maybe four houses. 16 I appreciate the courtesy of bringing 0 f 0 17 this to my attention. If it was ambiguous o 18 or it was not strictly touched upon, let me S 19 sav this: In all due candor, Mr. Kramer W 20 unfortunately is not here tonight. I can toll m 0 o 21 you I am a real estate broker, as well. My u z ` 22 office has endeavored to unearth any kind of 23 tenant that was permitted in the permitted 24 zoning and professional office was one of those '� 25 things recommended by the Planning Board. It 1 115 2 was very difficult to obtain any interest, 3 whatsoever. The sincerest interest was in 4 a building that was developed in a residential 5 type of fashion. If you remember, the rendering 6 of it could be used as a professional office. 7 I would beat the bushes to try to get 8 it. It certainly was appealing to the McCrory 9 Stores, a local chain of small supermarkets 10 on the North Fork, Shop With Us, who now 11 terminated their lease, and the local Chinese 12 restaurant who is hanging on up- until this 13 time. 14 I will not say I will not endeavor to 15 seek and try to obtain that- type of use, but 16 the life blood up until 'this period of time e 0 17 was the retail uses. r a 18 Frankly, I am not here to hurt anybody. e s 19 I am not here to hurt the downtown people, W 20 but, frankly, a new building with a parking lot V 21 in front of it is a very attractive thing. I ;Y u z W 22 submit to the Board that it would be observed 23 over a period of time. It is bringing in new 24 uses, new tenants. It is not conflicting. It 25 is a service or retailer that does not exist 1 - 116 2 out here. It would better serve the public. 3 It would increase your tax base. It would 4 put some people to work who need .it. 5 I mean, I am not going to stand here 6 and say that there is not a lot of money at 7 stake to my family. There certainly is, and 8 the only way to recoup is to be permitted to 9 proceed with an approval that was existent but 10 in reality was denied because the permit was 11 being held for three years and unreasonably so. 12 I make no bones about it, at this point, but 13 to speak to your issue -- I hate to belabor 14 the point. The hour is late. I want to be 15 courteous to everybody else, but this.'.is very 16 important. e 0 17 There were no offices interested in 18 this location, or I would suggest to any strange s 19 office use anywhere in the Town. I can verify a m 20 that personally, from my own personal experienc . 0 21 If that is a question that was left slightlyr:; u z W L 22 ajar or we did not touch on it, I thought Mr. 23 Kramer did. Rest assured, you can take 24 judicial notice if it is available to the Board 25 29 , 000 square feet of professional office is ,. 1 117 2 impossible. It is time for Chapter 11. it 3 cannot be done. 4 THE CHAIRMAN: Thank you. We will 5 then submit this back to the Planning Board 6 for their viewing of the site plan and we will 7 close this hearing at the next regularly F 8 j. scheduled meeting, assuming we have the 9 decision back from the Planning Board. We will 10 not take any more oral testimony. If somebody 11 wants to reduce something to writing, you may. 12 The only problem is you have to come in and 13 review the file, if you want to rebut the 14 information that will be reduced to writing. 15 We had three hearings. We exercised a 16 tremendous amount of time, and we find it has e 17 been done very well. 18 A VOICE: There is something, if you 0 19 want to submit something in writing. W s 0 20 THE CHAIRMAN: No problem. You are 0 21 welcome. The record is still open if you : u s W L 22 choose, the record tonight. It will be closed 23 and I don' t want to do that. 24 A VOICE: When will the record be closed. 25 THE CHAIRMAN: Hopefully we will close i 1 118 2 on July 25th. 3 MS. WADE: Randi Wade, Greenport. 4 I want to comment the Southold Town 5 Attorney told Mr. Tsunis he should come before 6 this Board to seek relief. I think that is 7 probably the correct way to go. Before I 8 spoke to a Southold Town Councilman who told 9 me they wouldn' t be able to decide on 10 the zoning until you have denied him a variance. 11 So it would be appropriate for you to deny him 12 the variance. Having spoken to a Southold 13 Town Councilman, they were upset at the 14 thought that a year and a half ago, after a 15 long council deliberation, they passed the 16 master plan and this was a specific issue. 0 0 17 They appointed a board to effectively rezone. a 18 This was upsetting to them. They thought 0 s _ 19 that really wouldn' t be the right way to go, W Z 20 and I hope you agree with them. m e 21 Also, Mr. Tsunis, as I said to you < u z 22 outside, I do hope you will pursue other 23 ways. If there is anything that any of us 24 can help you with, we would love to seek some 25 kind of residential relief for you. I am sure 1 119 2 a compromise can be worked out. 3 MR. TSUNIS: I will be happy to turn 4 the land over to you for the money I have in 5 it without profit. 6 MS. WADE: When you said that the 7 professional office space value would be nil, g 8 ,: so would retail space. If you look at the 9 vacancy rate of Greenport, except for the 10 supermarket, the retail stores you would want 11 to put in would be in direct competition with 12 the stores downtown and would cause them hard- 13 ship. So I do not see why you would be granted 14 a variance for that. 15 Also, you mentioned that a letter was 16 sent saying that the Greenport Village would 0 17 help you out with sewer and water once you 18 started to put in the cement. You also told 0 19 me outside that the Deputy Mayor had said to W 20 you that that person from Greenport was not e 21 authorized to send any letter to you making V i W 6 22 any offer of any kind. So I wish us all luck 23 in working out a good compromise. 24 THE CHAIP24AN: Randi, you just addressed 25 the question to the Board. It has to be to Mr. i 1 120 r Tsun is. 3 MS. WADE: I wish him and all of us 4 luck in working out a good compromise, and I 5 certainly hope you deny this application. 6 Thank you. THE CHAIRMAN: I am. hoping the Village 8 of Greenport gets back to you during this 9 interim period, between now and the 25th, and 10 that you submit something to us on the 25th 11 which says that you are gonig to do something 12 else, or whatever, as a result of the meeting 13 =- the last meeting. 14 In any case, we will close the hearing. 15 Hopefully, we will close it on the ,25th, and 16 anything e y g you want to reduce to writing you are 17 very welcome to. 0 18 MR. TSUNIS: Thank .you, Mr. Chairman. 0 0 19 I want to comment I think you have been more 0 20 than fair to all parties concerned. You have 0 21 been very thorough. I appreciate all the time U Z W L 22 this Board has offered to my family and in our 23 application. Thank you very much. 24 THE CHAIRMAN: Thank you. 25 Hearing no further questions, I make a 121 2 motion -- 3 MR. DINIZIO: I have a question. 4 Mr. Tsunis, I just want to go over a 5 few things to make it perfectly clear. You 6 say you spent $900, 000. Roughly that much. 7 You paid $700, 500. That is your investment F $ in this property°. You can divide it into 9 four lots legally under the zone and get -- 10 approximately how much per lot are you saying? 11 MR. TSUNIS: I stand by what the 12 record says. I believe it was $150, 000 for 13 whatever I could subdivide it for. 14 MR. DINIZIO: That pretty much takes 15 care of your hardship, as far as residence 16 is concerned. What I am saying is you spent O 17 far too much already, and you would not be 18 able to get your investment back if you sold s 19 the four lots -- W 20 MR. TSUNIS: That' s the point. 21 MR. DINIZIO: -- as you can legally u z W L 22 do. 23 MR. TSUNIS: I believe you will see 24 cancelled checks or verification of about 25 826, 000. The appraiser indicated it is worth 1 122 2 somewhere around one hundred fifty. If 3 somebody wanted. to be kind and double it to 4 300, 000, I would suggest it is not a reasonabl 5 rate of return. 6 MR. DINIZIO: I would say the same thing. 7 I would have said that had you let me. W 8 MR. TSUNIS: Thank you. 9 MR. DINIZIO: The only other thing that 10 remains in my mind, the same thing the Chairma 11 alluded to, is that office space or that this 12 could be used as office space. 13 I did a little investigating myself 14 because I don' t feel it was offered and I 15 don' t feel that aspect was covered as 16 thoroughly as it probably should have been, 0 g 17 at least not to my mind. I did read the 0 18 testimony. It is a lot, and perhaps I missed 0 19 it. What I did was obtain a zoning map of 0 20 the Village of Greenport which is in close 0 21 proximity to this. I live in the area, althou h V 2 W L 22 I don' t live in the Village of Greenport. I 23 also got a copy of their Code which states the 24 zoning in which office space is permitted. �� 25 There are two zones, one .as retail/commercial 1 123 2 and the other is general commercial district. 3 Of the Town area, not including the residences 4 basically Front Street -- Main Street -- I 5 estimate that at least five percent of that 6 roughly could have office space in it. The 7 old Bohack building, I„ just can' t think of � 8 the name of it now, is currently empty with 9 just one store in the front. That is next 10 to the movies. There is also an auto supply 11 shop behind the gas station that is empty. 12 There is Sterling' s. We all know the plight 4 13 of that. There is the old Grant' s building. 14 I have not been inside., but there is space 15 available in that building. There is an empty 16 lot next to Mills. e 17 s I guess . what I am getting at here is 18 if you were to try to use that office space, S 19 you are right; you could not use it for office W 20 space for that reason, in my mind, but you 21 would not get a decent rate of return for it. u z W 22 But if you don' t make that clear -- I don' t 23 think you made that clear to me anyway. So 24 I have to investigate that on my own. 25 MR. TSUNIS: I appreciate effort PP Your in • I 1 124 2 investigating that. 3 MR. DINIZIO: One more thing I would 4 like to say, and I don' t know how to get this 5 answer. 6 When you advertise for office space, 7 are you searching for a comparison between an � 8 amount of money you are asking as opposed to 9 an amount of money someone could rent that 10 space for in Greenport? I don' t know if that 11 is obtainable. 12 MR. TSUNIS:- Well, it is a function not -13 only of supply and demand but, again, what 14 would be an economic rate of return on the 15 dollars invested. I have to tell you that 16 three people from my office traveled out many, 0 17 many times from Hauppauge and knocked on doors is out here. I probably brought some of these a 19 problems upon myself, in that it may have W z Z 20 rallied some of the real estate merchants in a O 21 the Town of Greenport to come out and oppose u z W L 22 me. Perhaps some whispers were made in certain 23 areas of the Village and Town Government that 24 may adversely affect these people. I can unde - 25 stand what they may have done, but all the 125 P 2 while the retail aspect of the development was 3 very strong and all I can point out to you is, 4 yes, there are a lot of empty stores down in 5 Greenport. They are old. They don't have any 6 parking. 7 I had a proposal for the new building, 8 very aesthetically pleasing to the eye. You 9 would think you are in a new beautiful area 10 of Southold that was 150 years old because I 11 developed two other shopping centers along 12 these same lines. One is a historic district 13 in Mount Sinai. I was patted on the back. 14 It is an expensive building, because 15 I have committed to the funds. I have got 16 national tenants. There are many stores that 0 g 17 are looking to come out to Greenport. I think 0 18 that is good for the Town. V s Z 19 MR... DINIZIO: All I am trying to say, I W e 20 am trying to just get the office. You have 0 21 as I see it, uses for that land that you can V ' 2 W 6 22 have and that you have to prove that you can' t 23 use for your hardship in order to get your 24 use variance. One is residence, and I believe 25 even at $300, 000 you haven't proven a hardship 1 126 2 in that case. The office space. All one has 3 to do is look at the vacant stores in Greenport 4 that could be used for business. I point that 5 out. 6 MR. TSUNIS: I would like to bring, to 7 the Court' s attention that the site plan � 8 provided for office space in that development. 9 So there is a big development of professional 10 space as well as retail. So it wasn' t strictly 11 retail developments. Again, just very quickly, 12 I understand the problem of the vacancies in 13 downtown Greenport. This is not going to 14 be . a .white elephant on the highway. I submit, 15 there are clear as bell executed leases and 16 letters of intent. It is simply because it 0 0 17 has parking and it is new. It is unfortunate 0 18 the people found it a detriment, but I don' t s z 19 think my family should be burdened by the z Z 20 fact, we are enjoying something that was 0 21 properly before the Board; that we took a site W ` 22 plan that was approved by the Town and that 23 we legally could have proceeded if I only had 24 gotten a building permit which, in my opinion f �`- 25 and I believe my counsel' s opinion, was much 1 127 2 more unreasonably or arbitrarily denied me 3 by some severe problem. 4 THE CHAIRMAN: Thank you, Mr. Tsur_is. 5 MR. TSUNIS: Thank you. 6 THE CHAIRMAN: Hearing no further 7 comments, we reserve the hearing until the 8 next regularly scheduled meeting for the pur- 9 pose of evaluation from the Planning Board. 10 We will accept no more oral testimony on eithe 11 side. Both parties should call us prior to th 12 next hearing to see if there was anything adde 13 to the record, that they might want to add. 14 Thank you. 15 MR. SAWICKI: Second. 16 THE CHAIRMAN: All in favor? 0 17 MR. GRIGONIS: Aye. 0 18 MR. DOYEN: Aye. s 19 MR. SAWICKI : Aye. m 20 MR. DINIZIO: Aye. 0 W 0 21 (Time noted: 10: 47 p.m. ) u x W L 22 23 24 25 1 128 2 C E R T I F I C A T I O N 3 4 I, Gail Roschen, an Official Court Reporter, 5 do hereby certify that the foregoing is a true and 6 accurate transcription of my stenographic notes taken on 7 June 27, 1990. F 8 9 10 GAIL ROSCHEN 11 12 13 14 15 16 o " 0 17 18 0 s 19 W e 20 o ' 21 u z W 22 23 (( 24 I� 25 1 + 1 " 1 T. SOUTHOLb TOWN ZONING BOARD OF APPEALS:` 2 COUNTY OF SUFFOLK : STATE OF NEW YORK -------------------------------------- SOUTHOLD TOWN ZONING BOARD OF APPEALS w 3 HEARING, In the Matter of, JORDAN' S Q PARTNERS, 4 5 Applicant. -----------------------------------------X 6 53095 Main Road P.O. Box 117r9` Southold, New York 8 x , May 30 , 199 3z E i 9 7 : 55 P.M. 10 11 B e f o r e: 12 GERARD P. GOEHRINGER, Chairman 13 14 APPEALS BOARD MEMBERS: 15 CHARLES GRIGONIS, JR. - Absent 16 SERGE DOYEN, JR. 17 JOSEPH H. SAWICKI 18 JAMES DINIZIO, JR. 19 Also Present : 20 Doreen Ferwerda 21 Board Secretary 22 23 GAIL ROSCHEN Official Court Reporter 24 25 t `+IL 1 2 2 THE CHAIRMAN: The last hearing is 3 in behalf of Jordan' s Partners, and this is 4 Appeal Number 3915, and we ask Mr. Tsunis if 5 there is anything else he would like to add 6 to his case? 7 MR. TSUNIS: Thank vou, Mr. Chairman. � 8 . John Tsunis. 9 Mr. Chairman, basically we concluded 10 our presentation at the last hearing. However, 11 there were certain questions that were brought 12 forth at that hearing, and the Chair indicated 13 that the hearing would continue to be open. 14 So to further support our proposal and to, 15 perhaps, explain some of the questions that 16 were brought up I have some further documenta- 0 0 17 tions for the dollar and cents proof, some 0 18 legal documents as well as an appraisal showing o " 19 the current value of the property by Mr. 20 Tuccio, who is a local real estate broker on m 21 the East End here, which indicates the u z _ 22 property if it was allowed to be developed as 23 residential lots under the current zoning 24 would be valued at $180 , 000 for the four lots . 25 That' s exclusive, Mr. Chairman, of removing 1 3 2 the existing foundation, the servicing and 3 legal costs of objections with the subdivision' 4 approval. 5 I think if the Board will review the 6 dollar and cents proof we have broken down 7 with bills and cancelled checks, we have m 8 expended in excess of $825, 000 to date on 9 the particular parcel. So I think it is 10 quite apparent that in reviewing these docu- 11 ments , that no reasonable right of return could 12 be derived from the parcel. 13 I would just like to submit these 14 documents with a memorandum of law which, 15 again, supports our opposition. 16 THE CHAIRMAN: Thank you very much. 0 0 17 All this is one file. This is all one. 18 MR. TSUNIS: That is the dollar and s 19 cents proof. That is the summary sheet on W 0 20 top. with the supporting documentation under- 0 21 neath. I think there are two appraisals u z W 22 attached to the bottom there. 23 THE CHAIRMAN: Wonderful. Thank you. { 24 MR. TSUNIS: I do not expect you are 25 going to review it today, but in your 1 4 2 deliberations. `y 3 THE CHAIRMAN: Okay. What I usually 4 do in a situation like this, because there 5 are assuming people in the audience that want 6 to talk about this, I usually let them review 7 them down here but this is rather extensive. a 8 Is there anybody in the audience, that 9 is not in favor of this application, that 10 would like to review it at their leisure in 11 our office sometime and some back and comment 12 on it briefly? There is someone. Okay. So 13 bearing in mind we ask anybody that might 14 not be available at the next hearing, if they 15 have anything they would like to say concerning 16 this application tonight, and we will recess 17 it until the next regularly scheduled hearing, 18 just for the purpose of closing the hearing, 19 taking short brief comments from anyone after 20 they have reviewed it and we will limit the 21 hearing to five minutes. But is there anybody ` 22 here tonight that may not make it at the next 23 meeting? It will be sometime in June. Yes. 24 MR. KAPELL: David Kapell, 143 Sixth i -- 25 Street, Greenport. I 'm a businessman in the 4 4 1 5 2 Greenport Business District. I 'm also a 3 Chairman of the Greenport Planning Board. In 4 that capacity I have a letter, which I would 5 like to read and enter into the record, address d 6 to the Zoning Board of Appeals, with regards 7 to the Greenport Commons variance. a 8 "Gentlemen: 9 "Enclosed please find copy of a memo 10 submitted by the Planning Board of the Village 11 of Greenport to the Mayor and the Board of 12 Trustees expressing acute concern about the 13 subject variance application and further 14 requesting a joint meeting between the Village 15 Planning Board and Board of Trustees and the 16 Southold Town Board, Planning Board and 17 Zoning Board of Appeals. 18 "We hope that you will allow such a 19 meeting to take place prior to taking any 20 action on the Greenport Commons Project which 21 the Planning Board feels represents a major 22 threat to the health of the Greenport Business 23 District. " 24 That letter is signed by myself, as 25 Chairman of the Greenport Planning Board. 1 6 2 Then the memo. The memo is from the 3 Greenport Planning-Board, to Mayor Hubbard and 4 the Board of Trustees.. 5 "At the .May 7 , 1990 meeting of the 6 Greenport Planning Board a motion was made by 7 Mike Rowsom, seconded by Penny Coyle and ID 8 carried requesting that Mayor George Hubbard 9 schedule a joint meeting of the Village Board 10 of Trustees , this Board and the Southold 11 Town Board, Zoning Board and the Planning 12 Board to discuss pending development of the 13 Greenport Commons Shopping Mall to be located 14 at the corner of. Main Street and the Main 15 Road, Greenport. 16 "The Planning Board feels that this 0 17 development, along with the possibility of 0 18 similar and larger development of the Brecknock s 19 Hall site, pose a major and potentially m 20 catastrophic threat to the future of the 21 Greenport Business District and the Village u z _ ` 22 itself. The Board requests that this meeting 23 be scheduled as quickly as possible so as to 24 occur prior to Town Zoning Board action on the 25 Greenport Commons variance request which is r: „ s 1 7 2 currently pending. " 3 I would like to elaborate a little bit. 4 I believe in 1985 the Village Board contacted 5 the Town Board, and I was a member of the 6 Village Board at the time, and asked the Town 7 Board to consider acting in moratorium which 8 the Town Board eventually did precluding 9 development of sites, specifically this site 10 and also the Brecknock Hall site, and the 11 Town Board enacted it, all other similar 12 sites in the Town pending review of zoning of 13 these sites. 14 Subsequently, the Town enacted a master 15 plan which specifically addressed our concerns 16 which, at the time, were that if this site and 17 the Brecknock Hall site were allowed to be 18 developed in an intentional retail or office 19 way, then that would result in devastation of 20 the Greenport Business District which, as you 21 know, already is deteriorating. You need 22 only look to Riverhead. I can find scores of 23 other examples of small business districts that 24 have been eliminated by strip shop centers. � 25 Riverhead is a perfect example. What is . there t,- 1 8 2 left of downtown Riverhead, at this point? 3 We are trying to bring one tenant here and 4 one tenant there into that morass of vacant 5 commercial spaces . It is also a result of 6 the development that has taken place on Route 7 58 . This is going to happen to Greenport if � 8 this project is allowed to proceed in its 9 current form. This is only the beginning. 10 Brecknock Hall, there are 12 acres of 11 business zoned property, the same zone this 12 site houses. How can you deny Brecknock Hall 13 the same use if it is approved in this case? 14 You have .two big problems. If you have any 15 regardfor the Village of Greenport and the 16 efforts we have been making to revive our o 0 17 little village, you have to turn down this 18 application. There are other uses that could e , 19 help this gentleman recover his investments s 20 and that can be intentional uses. I don' t 0 21 want to see him hurt and I don' t think that u z W _ 22 four-lot residential subdivisions. is the 23 answer, but there are alternatives. I would 24 ask you, please, to deny this application and 25 allow for the ,debate to take place, a discussion 1 9 2 to take place, with the Town Board and the z 3 Town Planning Board as to what other uses 4 could take place at this site. 5 THE CHAIRMAN: I just want to mention 6 to you, since we have this application before 7 us, it would be not within our best interest $ to have a meeting concerning this particular 9 application. I understand your comments, but 10 I would suggest that you correspond with the 11 Planning Board and the Town Board as quickly 12 as possible and, then, at the last hearing on 13 this application come back and tell us exactly 14 what came out of that so that we can deal 15 with it based upon the way you want us to deal 16 with it, if that is not too much to ask. 0 0 17 MR. KAPEL.L: I would be happy to do 18 that. 19 THE CHAIRMAN: Okay. There is going 0 20 to be .a two, or at least a three-week period 21 in between the hearing and the next hearing . u s W - 22 so between tonight and the next hearing it 23 should afford you enough time, because we are 24 going into the summer season push -- whether 25 you get together with them, and let us know. 1 10 '} 2 We will readvertise for this. 3 Thank you very much. I will submit 4 this for the record. 5 :MR. PRESTWOOD: Hugh P. Prestwood, 6 519 First Street, Greenport. I just want to 7 point out something I thought the Board might 8 consider. I am opposed to this shopping 9 center also, but I want to point out that this 10 intersection is a really unusual intersection 11 as it stands right now, because fain Street 12 does not line up with the street that crosses 13 48 and the other thing that makes it very 14 unusual is that the Orient Ferry in the summer 15 drops off huge amounts of cars that come down 16 this intersection. It' s getting to where it' s 17 going to have to have a light because I feel 18 like -- because of what I just said, a light 19 is going to be a disaster. I feel the only 20 thing that' s going to save this thing for 21 all times is a circle in there. I feel if this 22 development is going up, the chance of ever 23 having a circle in there is gone. Right now 24 there is enough land around the intersection �- 25 to put in a circle. 1 ' 11 2 THE CHAIRMAN: Thank you. 3 Yes, ma' am. 4 MS. HORTON: Gail Horton. I am from 5 727 First Street, Greenport. 6 I am a resident and also the Deputy 7 Mayor of the Village. I would like to say 8 that I support what the Chairman of the Plannin 9 Board suggested in turning down the proposal. 10 I would also like to say that to support what 11 Hugh Prestwood said, that is an :exceedingly 12 dangerous area comparable to Sunrise Highway 13 over in Southampton, by the 7-Eleven where 14 there are many near misses day in and day out, 15 and if a shopping center were put there it 16 would only heighten that activity. I would 17 like to ask you to turn down the application, 18 and say that I am willing to personally work 19 on it with the owner to develop some other 20 less intentional use of the area. Thank you. 21 THE CHAIRMAN: Thank you very :much. 22 MS. WADE: I represent 772 people. 23 This is a petition I wanted to submit to you. 24 Randi Wade, 440 Sixth Street, Greenport. 25 We, the undersigned, are opposed to the 1 12 2 proposal construction of the shopping center 3 on State Road 25, a main .street in Greenport, 4 for the following reasons: 5 1) Economic hardship in the Village 6 of Greenport. 7 2) Increased traffic flow in an � 8 already hazardous intersection. 9 3) Surrounded on three sides by 10 residential area. 11 4) The site is a gateway to Green- 12 port that joins the historic district. Any 13 proposal should be carefully considered. 14 Retail use should be rejected outright. 15 And I said 772 people signed this. 16 Actually, there is at least 70 more. Even 0 0 17 though this is clearly a request for a change 0 18 of zone and not a variance, you expressed a . 19 concern at the last hearing that economic z z 20 hardship would be one part of your considerate n. 3 21 I have a sketch that shows how you could get 0 z .1 22 15 residential lots on this property with 23 a park on the corner and a 50-foot buffer 24 with a six-foot berm and evergreen plantings. 25 At 35, 000 to 40 , 000 a lot, this could be an 1 13 =' 2 affordable housing project and bring in 3 525 , 000 to 600, 000. This would have to be 4 coordinated with the Village of Greenport, but 5 the Village believes in affordable single- s family homes and the chances for success are 7 overwhelming but also could happen much more 8 quickly than' having to wade through the legalit_ 9 and possible lawsuits of pursuing a retail 10 development. 11 THE CHAIRMAN: Thank you. 12 MS. GTRYN: My name is Milou Gwyn. I 13 live on South Street in Greenport. I am not 14 on a board and I don' t have a petition, but 15 just from a practical standpoint I grew up 16 a little bit further west from here in Stony 17 Brook, and when I drive back and forth now 18 on Route 25A to here it is strip mall after 19 strip mall and they are ugly and they are not 20 very successful as far as retail stores go. 21 It seems terribly impractical to build 22 more when in the Village of Greenport you 23 already have the -Victorian Village which is 24 vacant, -the Bohack building which is vacant, 25 the Mills building is vacant. I don' t under-- [ 1 14 2 stand the purpose of building more stores , 3 when there are so many empty ones existing 4 already and it will just change the character 5 of Greenport. 6 I think it was a good point that it 7 is the gateway into Greenport. The first 8 thing you see is another strip mall. I wouldn' t 9 want to go any further and: see what' s inside, 10 because there are so many to begin with. I 11 think it would make a lovely park to be on 12 the corner there, from the practical stand 13 point. I wanted to say that. t 14 THE CHAIRMAN: Thank you very much. 15 MR. TSUNIS: I grew up in Port Jefferson , 16 which is a sister community to Stony Brook. 0 0 17 I have a 170-year-old house. I am sensitive 0 18 to these items that are being discussed today, O . 19 but I would also hope, and I am not here to _ 20 have anybody cry out in sympathy for me, but 0 21 in 1986 this parcel was zoned commercial. 22 There comes a time where a person who makes an 23 investment in a piece of property should be 24 able to rely on what' s going on in the local 25 town ordinances. This was before this matter 1 15 2 began, before any changes of zoning, ' before 3 this moratorium. If the Village of Greenport 4 or the Water Authority would have allowed me 5 to hook up into the water system, this project 6 would have been built a long time ago. It is a not a mall. It is not a strip 8 center. It is a mixed use. It is office 9 use, besides retail. It was approximately 50 10 percent pre-leased before we even put a shovel 11 in the ground. So there was obviously a need 12 for something like this. We took great pains 13 to develop a structure with a New England 14 architecture that would blend into the communit . 15 It is a gateway to Greenport. It as suggested 16 it looked or it is something similar to Sunrise 0 17 Highway. I don' t know anybody in the room that 18 would want to live on Sunrise Highway, and s 19 this would be the more appropriate type of z 20 use. V 21 It appears that the Town of Southold V L W 22 Building Department was mistaken for over three 23 years, which sterilized this piece of property 24 which I had to carry debts on, and I had to '- 25 pay real estate taxes on, that I could, in fact 1 16 2 drill a well .on this because I took the test 3 well and the water was clean and the Town of 4 Southold Building Department refused to issue 5 me a building permit as far back as 1986. 6 I was already to commence construction on this 7 property and there could not have been a 8 question throughout the Town, that it would 9 have been able and it would have been a per-- 10 mitted thing -to do. But three years of 11 sterilization has certainly been a financial 12 burden upon myself and my family and carrying 13 this property. 14 The Board of Health directed the Town 15 of Southold Building Department to issue a 16 building permit based on the fact that I could 17 drill a well if, in fact, municipal water 18 was not available. Unbeknownst to be, r r 19 subsequent to the issuance of the building 20 permit, a stop work order was issued five or 21 sip; months after the building permit was 22 issued, that, in fact, the property was 23 rezoned. 24 I would like to say that I believe I ' - 25 have come here with clean hands. I did not 4 • 1 17 2 try to put anything over anybody. I have 3 spent four years of time on this particular 4 project. I tried to make it look nice, some- 5 thing that my kids could be proud of. If 6 anybody saw the rendering, I think it is one 7 of the nicest retail an office complexes one 8 could have next to them. It is on, if you want 9 to call it, a busy intersection. For Southold 10 it probably is a busy intersection, but in 11 my opinion as a developer for 15 years; as 12 a -real estate attorney, this would be much 13 more appropriate than a residential development 14 I certainly would not want to live on that 15 corner. I appreciate the fact that some people 16 down in Greenport may be adversely affected 17 as far as the commercial aspect is concerned. 18 There will be a brand new shopping 19 center, brand new office in there -- have in 20 excess of 200 parking spots which Greenport , 21 drastically needs but, my God, for three years 22 I have been up against the wall and not been 23 able to develop my property as the codes and 24 as the law would have .permitted me to do and, 25 again, this is the avenue that .was open to me 1 18 2 to come in and seek relief. 3 If affordable housing is what the 4 community wants, I will be happy to deed it 5 over to anybody that wants to take it for 6 the dollars and cents I have got into it. I 7 don' t want a profit. I don' t want to make S enemies . I am not the developer in Suffolk 9 County that is coming in to Boards like this 10 and asking for relief to enhance what he has. 11 All I am trying to do at this juncture is to 12 do what I was permitted to do, but some 13 bureaucratic mess stonewalled me. I mean, I - 14 have really been stopped cold. I don' t know 15 if the pressure came from the Village, the Town 16 or from the people. I don' t know where it 0 17 came from, but I was stopped dead in my tracks 18 for no reason. I am here $826 , 000 later, and 19 this plea to the Board is to ask for relief 0 20 that I think I justly deserve. I am not here 0 21 to hurt anybody, but $826 , 000 is devastating. u z i 22 THE CHAIRMAN: Let me ask you this 23 question. In the past, having been on the 24 Board for 10 years, we did, Mr. Tsunis, in �` 25 the past recess these hearings and we asked 1 19 = 2 people to go out in the hall and spealc to 3 each other and come back and agree on certain 4 things, and to see if we can live up to the 5 things that they want to agree to, and so on 6 and so forth. Do you think it would behoove 7 you, at this point, in meeting with the C 8 officials of the Village of Greenport? 9 MR. TSUNIS: Mr. Chairman, I don' t 10 mean to interrupt. I don' t want to delay 11 the decision on the application but let me 12 say this, if I may. I am not here to blow 13 my horn either, but when I was in law school 14 I worked for a man by the name of Robert 15 Anderson (phonetic) . He is a present authority 16 on zoning in the United States. I was his 17 assistant. I have been doing zoning work, 18 zoning litigation, for 15 years. My God, 19 if there was ever a case that screamed out 20 for relief -- $826 , 000 of cash spent out, and 21 you are telling me now it is only worth 22 $180, 000 -- this is it. You have approved 23 maybe five uses for variance in 15 years. This 24 is Number 6 .. It has got to be. Legally a ' 25 15-page memorandum of law supports me every 1 20 k 2 inch of the way; but again I am not here to 3 hurt anybody. But, my God. I don' t want to 4 be hurt either. It is just not fair. Four 5 years of a struggle out here, and quite 6 frankly, I feel like I am an outsider. I 7 live in Suffolk County but I am from the m 8 wrong town. I say this with all sincerity, 9 but every time I came to the Board meetings 10 or the Board hearings I was booed or shoved 11 over. "You' re on the list, " this and that, 12 and it is four years of expenses, legal 13 expenses, brokers ,or traffic experts, surveyors 14 engineers or architects, leasings . I signed 15 leases, for Christ sake, based upon the 16 zoning. I mean I don' t know. There comes a 0 0 17 time that you have to rely on building permits, 0 18 on site plans, on Board of Health approving. o 19 My God, I can' t believe I couldn' t get water. 20 I mean municipal water. I couldn' t drill a s 21 well on my own property to get water. It is s IJ 22 really getting on the verge of Gestapo tactics 23 to an outsider. I mean it is my own personal 24 feelings and it may be to my detriment, but 25 that is how I firmly feel. I really went into 1 21 2 a coverage of lions out there. 3 I met: with this gentleman from the 4 Planning Board. I met with the Mayor. I ' ll 5 meet with anybody else out here, if there 6 would be an economic resolution where I could 7 leave here with my dignity and my investment e 8 that I dumped into Southold. I ' ll leave with 9 my head held high, and hoping that I could be 10 part of a community effort that if it is low 11 income housing you want, low income housing 12 you need, I think that' s a .townwide situation 13 and a townwide matter that should be supported 14 by the entire municipality as far as the Town 15 of Southold and the Village of Greenport. It 16 _ should not be dumped in my lap. It should not, 0 0 17 and I will be happy to expedite any kind of "s 18 agreement I can work out with any jurisdiction 19 authority in the Town or the villages. But, _ 20 my God, don' t hold up the decision because I 0 21 earnestly feel as an attorney and an applicant Y _ 22 that I am right. 23 THE CHAIRMAN: Okay. I understand that. 24 I have to recess until the end of June, anyway. 25 MR. TSUNIS: I appreciate that. I 22 2 understand. 3 THE CHAIRMAN: Mavbe sometime in that 4 period you can meet with these people. 5 MR. TSUNIS: I will be willing to meet 6 with anybody. 7 THE CHAIRMAN: This is not something 8 we have done in the past two years, only 9 because it just has not been the philosophy 10 or the time has not been right to do it, but 11 maybe this is the case. 12 Thank you so much, ,Mr. Tsunis, for 13 your opinion. 14 MS. HAAN: Susan Haan. I 'm a business 15 owner on Front Street, a partner of Front 16 Street Garden. I 've worked in the commercial 17 district for the last 10 years in Greenport. 18 I just took a quick walk through Greenport 19 today. This morning I counted close to 40 20 vacancies of commercial and professional 21 spaces in the downtown commercial district. 22 I also drove past Southold Square, which is 23 a shopping center less than five minutes away 24 from the proposed center, which appears to 25 have a vacancy rate of 50 percent. I don' t 23 a" 2 feel that another shopping center, retail and 3 professional center, is warranted. I feel it 4 would be economically disastrous and 5 aesthetically detrimental to Greenport. 6 MR. KAPELL: Dave Kapell. I certainly, 7 for one, would be more than happy to meet with 8 Mr. Tsunis and discuss any alternatives that 9 would grant him a reasonable return on his 10 investment and, also, address the concerns of 11 the Greenport Business District. 12 THE CHAIRMAN: Would you give him your 13 telephone number, Mr. Tsunis? 14 MR. TSUNIS: Yes . 15 MR. KAPELL: We are powerless of the 16 jurisdiction. We have no zoning jurisdiction 17 over the site. I 'm here to voice our concern 18 about the Town issues. 19 MR. TSUNIS: Mr. Chairman, I would be 20 happy to meet with .the gentleman. What he 21 is saying now is quite correct, and it is 22 going to be a lot of verbiage over nothing. 23 Unless we get a municipal officer that not 24 necessarily has the power to make a decision, 25 but it would have to be a legislative action 1 24 2 and I think the Supervisor and perhaps the 3 Mayor of Greenport or the people. 4 THE CHAIRMAN: You have the Deputy 5 Mayor here. 6 MR. KAPELL: If 'I can state that I 7 think if we can choose to. hold th"e meeting you 6 8 suggested with the Village Board and the Town 9 Board, other than this Board, I think Mr. 10 Tsunis `can attend and see if we can work some- 11 thing out. I am wide open. I am in business. 12 I don' t want to see anybody lose money. It is 13 not good for the area. It is not good for 14 anybody, but this use is a disaster for Green- 15 port. 16 MR. TSUNIS: In all due respect, again, a 0 17 I feel for you as a businessman but that is 18 not germane to the issue at hand. What this s 19 lady said tonight has no significance to this 20 application. Forty stores in Greenport has 3 21 no relevance to this application, because this u s Y 22 is an economic environment, survival of the 23 fittest, to be blunt about it. I had a 40 24 percent pre-lease. I had a letter of intent *— 25 for 13 , 000 square feet from a national company. 1 25 e 2 So whether I put 29 , 000 feet and have maybe 3 60 percent occupancy, or I build just 15 4 or 20 , 000 and had .100 percent occupancy would 5 be up to the landowner. It would be my 6 risk, but there is something very unique about 7 this parcel. It is a highway type of 8 location and it would have something no place 9 on the North Fork has. It has a parkin'9• 10 lot. It has a parking lot, and that is very: 11 important to a successful retailing or a 12 successful professional office. so this 13 is a unique location, and I should not be 14 penalized because another area of the North 15 Fork doesn' t have parking. I should not be 16 penalized because there is a 150-_year-old 17 building in the congested downtown municipalit 18 that may have fire codes or whatever, or 19 stairs, not first floor access that' s vacant, 20 and I am committed. I mean it is a very 21 different situation. It is not apples with 22 apples. 23 MR. KAPELL: I just want to make one 24 observation, which is that the discussions 25 around the facts is that the Town Board in 1 26 2 review of the—master plan discussed and 3 accepted a different zoning from the one you 4 have. I don' t know how you got a building 5 permit for it. 6 MR. TSUNIS: It was a mistake. 7 MR. KAPELL: All I know is that the Town Board had notorious hearings and debates 9 around this property, as I stated earlier, 10 dating back to 1985, prior to your ownership. 11 The. fact you were not aware of it is, I don' t 12 think, a burden the Village should be forced 13 to bear. z 14 MR. TSUNIS: In ' 86 I was denied water. 15 I was denied, allowing me to put a well there 16 which I could have built it. That is my only 0 17 problem. Forget that I never got a notice 0 18 in Hauppauge. s 19 THE CHAIRMAN: Let' s hold up, and go W _ o 20 on to Mr. Flynn. 0 21 MR. FLYNN: I am F.M. Flynn of Southold. _ 22 I would merely like to clarify something in 23 my own mind. Is all. discussion on •this matter 24 to be delayed until subsequent meetings in 25 June, or is the discussion only to be delayed 1 27 2 with relation to this dollar and cents proof 3 submitted tonight? 4 THE CHAIRMAN° Mr. Flynn, it is the 5 purpose of this Board, as the courtesy has 6 been afforded you in the past on another matter 7 the case that is something that could not be 8 disseminated as quickly as this , and appraisals 9 and so on and so forth, we like to afford 10 everybody in the audience the right to look 11 this over at their leisure in our office. 12 So to limit it to the dollar and cents situation 13 tonight, it would be unkind for me to say that 14 or concur with what you are saying. what we 15 are basically doing is asking anybody in the 16 community that would like to review the file 0 0 17 to come in and do so, and then we can wrap it 18 up at the end. It is not for any one particula o 19 issue, but that there are many people in the Y Z Z 20 community that have not actually reviewed the 21 file, and we are constantly gathering more u z Y _ 22 data. 23 MR. FLYNN: what I am asking, in effect, 24 is other commentary on this matter appropriate 25 tonight or will it be deferred to at the June 1 28 2 meeting? 3 THE CHAIRMAN: Is is entirely up to 4 you, if you would like to say something tonight 5 MR. FLYNN: I have remarks I would like 6 to make. 7 What is actually sought by the applicant s 6 in the guise of a variance, is a rezoning from 9 Residential-Office use to Business use. 10 Zoning and rezoning is a legislative 11 function and, as such, is the prerogative, solely, 12 of the Town Board. 13 Zoning texts including Robert M. 14 Anderson' s New York Zoning Law and Practice 15 refer to Boards of Appeals as "escape valves" 16 which were created to relieve the Town Boards 17 of the burden of dealing with minor changes 18 in zoning requirements. 19 The powers of the Board of Appeals are 20 limited and circumscribed. 21 As I have informed this Board on several 22 occasions, the New York State Enabling Act 23 for Town Zoning states that the granting of 24 variances is .to be "sparingly exercised in 25 rare - circumstances. " 1 29 2 The Southold Town Code permits the 3 Board of Appeals to vary the strict letter of 4 its regulations if the spirit of the regu 5 lations is observed, public welfare and safety 6 secured and substantial justice done. 7 Changing a zone hardly constitutes s 8 varying the strict letter of the Code. It 9 would constitute a complete repudiation of 10 the Zoning Code, both in letter and in spirit. 11 The spirit of the law is not subject to 12 interpretation when the law, itself;. is 13 explicit. 14 The variance sought constitutes far more 15 than varying the spirit of the ordinance. The 16 Appellate Division has ruled that: 17 "A use variance, as the term implies, 18 is one which permits a use .of land which is 19 proscribed by the zoning regulations. " 20 (Emphasis supplied) 0 21 The Southold Town Board, after pre- 22 sumably due deliberation, adopted a compre- 23 hensive, or master plan, placing the subject 24 property in an RO District. The stated purpose 25 was to provide a transitional area between 1 30 2 business ares and low-density residential 3 development along major roads which will 4 provide opportunity for limited non-residential 5 uses in essentially residential areas. 6 This constitutes a legislative enact- 7 ment. If it is to be challenged, it must be 8 by means of an application for change of 9 zoning before the Town Board. The Applicant 10 also has the option of seeking a legal deter- 11 urination of the legality of the comprehensive 12 plan. 13 The very fact that this hearing is 14 being held represents, in my opinion; an 15 improper attempt to exploit the "escape valve" 16 function of the Board of Appeals. The Town 0 17 Board, as elected officials, would be shirking 0 18 its responsibility to defend its action in 19 adopting the recent comprehensive plan. It W _ _ 0 20 would constitute the delegation to unelected 0 21 officials of the power to effectively change 22 zoning, a function reserved to the Town Board 23 as a legislative body. 24 I believe there is no legal basis for ''b 25 the Board of Appeals to grant this variance. 1 31 f� 2 Despite this position, I would like to 3 call to the Board' s attention certain aspects 4 of this application which, I believe has 5 bearing on this entire matter. 6 As I understand it, the chronology of 7 events pertaining to the property is as 8 follows: 9 1) Applicant purchased .property to 10 deed dated. 2/18/88 and recorded in Liber 10549 11 Cp. 324 . Purported consideration was approxi- 12 mately $393,500 . Subsequent deed to Jordan' s 13 Partners, :et al, was intra-core with no 14 consideration. 15 2) Property was appraised. 16 3) Site plan approval had been 17 obtained for a shopping center. 18 4) A Building Permit was issued to 19 construct an office and retail shopping 20 center on June 8 , 1989 . 21 5) Property was cleared and con- 22 struction of a foundation started. 23 6) A Stop Work Order was issued by 24 the Building Department on 11/30/89 based upon 25 the permit having been issued in error. ,y.?�, ..c•.r?.u1Y ..,-4at..._ _ .. . . n'E... P._vf .{ r„S rLt��.lM�,1... .. ' 1 32 2 7) Owner filed subject Appeal Number 3 3915 . 4 As to the Stop Work Order, I believe 5 there is ample legal justification for such 6 orders when a permit is issued in error. 7 It is also my opinion .that the adoption 8 of the comprehensive plan placing the property 9 in a different zoning district abrogated any 10 previously approved site plan. 11 I would like now to bring to the 12 Board' s attention certain matters pertaining 13 to this application which necessitates further 14 investigation and deliberation. 15 1) The deed into the owners, deeded 16 2/18/88 does not, in my opinion, constitute e 0 17 an arm' s length market convevance. At least ` 18 one of the grantors is also a grantee. It 0 o 19 is purported consideration is not evidence 20 of market value. Subsequent conveyance was 0 21 intra-corporate. V 22 2) On 4/12/87 a Certificate of 23 Incorporation was issued to Jordan' s Park 24 Place, Ltd. , authorizing the issuance of 25 200 shares of stock. I believe the Board 1 33 =' 2 should determine if this corporation is still 3 3 extant and if any of the principals of Jordan' s 4 Park, Ltd. or Jordan' s Partners are both 5 grantors and grantees. 6 3) My research indicated that the 7 only arm' s length conveyance of the subject property was by the Grand Union Company by 9 deed dated 4/2/82 and recorded in Liber 9185, 10 Cp. 438 . Indicated consideration was 11 $103, 000 . 12 4) There was an interim conveyance 13 of the one-third interest in the property by 14 a deed dated 7/14/86 and recorded in Liber 15 10080 , Cp. 537 . Consideration was $80, 000 . 16 5) It has been stated that an 0 17 appraisal was made of the property. Was this 0 18 appraisal made prior to purchase, or pursuant s 19 to a mortgage application? What value was e 20 ascribed to the land? 21 6). On 2/18/88 , coincident with the u z 22 date of the deed, owner obtained a con- 23 struction loan mortgage from the Suffolk County 24 National Bank in the amount of $440 , 000. i 25 Mortgage is recorded in Liber 13587 , Mp. 131. .• <.r..: a�r_/..+ •.�.Kl .. .. :..A AID LU"f rra N• _ 1 34 r 2 Mortgage is based on a percentage of 3 the total value ascribed, land value included. 4 Land value represents only a fraction of 5 total value. In my opinion, the Board would 6 be well advised to investigate the circum- 7 stances of this mortgage. S Particularly important is a clause in 9 the mortgage, and I quote: 10 "This mortgage covers property presently 11 improved or to be improved by one or more 12 structures containing in the aggregate not 13 more than six residential dwelling units , each 14 having their own separate cooking facilities. " 15 This hardly coincides with the sub- 16 sequent application to build an office and 17 retail shopping center. It appears from this 18 clause that both the owners and the mortgagee 19 agreed in 1988 that the highest and best use 20 of the property was for residential purposes . 21 The mortgagee granted the loan .for this a 22 purpose. 23 This would also appear to cast doubt 24 on the contention that the owners were 25 ignorant of the proposed zoning changes 1 35 2 published in January of 1984 and 1987 3 respectively. It is difficult to believe that 4 astute owners and investors, some of whom had 5 owned the property since 1982, and others 6 who had purchased an interest in 1986, would 7 be unaware of the proposed zoning change, or 8 of the actual zoning change when the Building 9 Permit was applied for in 1989. The owners 10 should have had actual or constructive 11 knowledge, had they exercised reasonable 12 diligence. 13 Mention has been made by others of 14 concerns with traffic volume and the public 15 health safety and welfare. I would like to 16 add that in my experience as a consultant 17 to the Department of Transportation, it was 18 the Department' s policy to restrict access to 19 a propert s frontage in both directions from 20 the point of convergence of two State highways. 21 This is another area which should be investi- 22 gated. 23 In conclusion, it is incumbent on an 24 Applicant to submit supportable and persuasive `'- 25 proof of hardship. Hardship is interpreted as tf 1 36 2 financial hardship and "dollars and cents" 3 proof must be submitted. 4 Now, since writing this, I have become 5 aware of the submission to the Board and I 6 would like to have the opportunity to review 7 this purported proof. m 8 I would state that, the casual statement 9 of the real estate broker as to the value of 10 the property as presently zoned, unsupported 11 b_y a market data analysis, hardly constitutes 12 persuasive proof. 13 Further, no attempt was made to establis, 14 the market value of the property as previously 15 zoned. 16 The Court of Appeals has held: 0 0 17 "Once it has been demonstrated that 18 some legitimate public interest will be served s . 19 by the restriction, then, before the property i 0 20 owner can succeed in an attack on the ordinance 0 21 as applied, he must demonstrate that hardship u z u - 22 caused is such as to deprive him of any use 23 of the property to which it is reasonably 24 adapted, and that, as a result, the ordinance f ' 25 amounts to the taking of the property. _-. ... 4,.J`'• t 1... -::»!T'!WR•1!_ 1 37 2 Applicant did not cite practical 3 difficulties as a basis for the variance sought 4 That concludes this, and I can give 5 you a :copy. 6 THE CHAIRMAN: Thank you. 7 MR. TSUNIS: Briefly, the only item S I would like to address, because I think .the 9 package addresses everything else, I am not 10 aware of the provision in the mortgage that 11 Mr. Flynn alluded to. 12 MR. FLYNN: It is here if you would 13 like to see it. 14 MR. TSUNIS: I did check my copy. It 15 was never contemplated by myself or the 16 financial institution that this parcel -- it 17 was never contemplated to develop the parcel 18 as a residential development. If it is, indeed i 19 in the mortgage document, if it is in the = 20 boilerplate, I don.' t know if the boilerplate 21 or the rider -- if it is in the mortgage ` 22 document -- it was a mistake on both parties ' 23 part and I would get an affidavit from the 24 lending institution attesting to that. I 25 will submit that at the next hearing. 1 38 2 MR. FLYNN: It is not a boilerplate. 3 It is a handwritten rider to the mortgage, 4 initially. 5 THE CHAIRMAN: Thank vou. 6 Hearing no further comments, we will 7 recess this hearing to the next scheduled meeting, which will be during the latter part 9 of June. We thank you gentlemen for your 10 courtesy. 11 If there, is anybody that would like 12 to review the application, you are welcome to 13 between the hours of 9: 00 and 5: 00 on a daily 14 basis, five days a !week, and please come in 15 aid if you have some time sit down and discuss 16 it. a 0 17 We thank you, Mr. Tsunis. 0 18 (Time noted: 9 : 10 p.m. ) s 19 Z 20 0 21 u z a 22 23 24 25 1 39 2 C E R T I F I C A T I O N 3 4 I , Gail Roschen, an Official Court Reporter, 5 do hereby certify that the foregoing is a true and 6 accurate transcript of my stenographic notes taken on 7 Vay_ 30 , 1990 . 8 9 J 10 .FAIL ROSCHEN 11 12 13 t L 14 15 16 0 17 0 0 18 o Z 19 20_ 0 21 W 22 23 24 '�- 25 SOUTHOLD TOWN ZONING BOARD OF APPEALS r COUNTY OF SUFFOLK : STATE OF NEW YORK \ 2 3 SOUTHOLD TOWN ZONING BOARD OF APPEALS 4 PUBLIC HEARING, In the Matter of 5 JORDAN'S PARTNERS, . 6 Applicant. 7 -----------------------------------------X 8 Main Road, Route 25 Southold, New York 11971 g y March 15, 1990 v 10 8: 20 P.M. . 11 B E F O R E ;z 12 GERARD P. GOEHRINGER, 13 ►-- Chairman. 14 15 BOARD MEMBERS: 16 CHARLES GRIGONIS, JR. 17 SERGE DOYEN, JR. _ 18 JAMES DINIZIO, JR. 19 20 21 22 23 24 ' 25 rrr, r ` - 2 2 THE CHAIRMAN: The next appeal is the ti 3 last appeal , Number 3915. We have Jordan's 4 Partners. The Legal Notice reads as 5 follows : 6 Applicant Number 3915 - Jordan's 7 'Partners . Variance to the Zoning Ordinance, 8 Article VII , Section 100-71, as disapproved 9 for permission to construct office and 10 retail stores , proposed construction is not. 11 a permitted use in this district. Property ' 12 Location: 1000 Main Street and 160 Main 13 Road, Greenport, County Tax Map No. 1000, 14 Section 34, Block 2 , Lot 1. 15 I have a copy of the site plan that 16 was submitted with the appeal . It is JAL 17 Land Surveying, and I see it is undated, and = 18 indicates the concrete footing and the -. 19 proposed foundation on the east side, and 20 their approximate location to the property 21 line. I have a copy ,of the County Tax Map 22 indicating this and surrounding properties 23 in the area. 24 MR. TSUNIS: Mr. Chairman, Members of the Board, my name is John C. Tsunis, and I 25 - _ r' t � 1 3 2 am a principal and an attorney concerning 3 this application, in connection with the ' 4 application for a Use Variance. 5 The subject parcel is located at the 6 southeast corner of Main Road and Main Street, in the Hamlet of Greenport. ' The 8 applicant is seeking a Use Variance to 9 permit the construction and operation of 10 retail shops and offices at this site.. The 11 project received site plan approval , Health 12 Department approval , and a building permit. 13 And relying on these items, the owners 14 poured a foundation. 15 This application has become necessary 16 due to the fact that in January of 1989 the 17 parcel was rezoned by the .Town pursuant to a - 18 New Master Plan which changed the zone of 19 the subject premises from Business to 20 Residential/Office. 21 For the record, the owners purchased 22 this property in February of 1988 for 23 $590,000 . Obviously, the purchase price for 24 the parcel reflected ,the fact that an ap- 25 proved shopping center site plan was in , L A c 4 2 place. Suffolk County National Bank, at 3 that time, granted an acquisition loan of 4 I $440,000 , which would have been recast in a 5 construction loan at a later date. Two f 6 years of delays later, the loan is due and 7 the land cannot be developed under the 8 current zone without losses in the hundreds 9 of thousands of dollars. 10 Although zoning and the Health 11 Department and site plan approvals were in . 12 place in 1986, the owners were advised that 13 a building permit could not be issued until 14 arrangements were made for water service 15 through the Village of Greenport. As you 16 may know, the water mains are right in front 17 of the property. I would like to reiterate = 18 that although a site -plan was approved in 19 186, and water was requested from '86, no 20 water was permitted to be connected. A1- 21 though the connection was promised to .be 22 forthcoming, ' it was never received, and at 23 that time, up until 1989, the Building 24 Department rejected the idea of :the water 2s well , although we had water tests and we .. _ ,,_. _. ... ... . .. ..... .;::, ... _:. . ;. . . _ .. _ . .. .._ ....,,..._ ...-- _ter.,,.:.__....,.,�.,�, .. .,.. ...�,.a..,_.5..�.. r r 5 I ; 2 found the water was clean. 3 Since municipal water was not avail- 4 able, a permit could not be issued. Time 5 and substantial sums of money had been 6 expended until finally, in May of 1989, a 7 permit was issued when the Suffolk County 8 Board of Health advised the Town Building s Department that a well could be drilled if 10 municipal water was not available upon 11 completion of the project. Construction 12 commenced approximately two months after the 13 building permit was issued. 14 Prior to this time, serious negotia 15 tion for leases proceeded in 1988 and two 16 leases were in fact executed, you have 17 copies of the leases"in your package, and a = 18 letter of intent for McCrory, which is the _ 19 largest retail store in the State, having 20 1, 600 stores, was signed for the total 21 commitment of approximately 1,300 square 22 feet for the site. Interest, at this time, 23 peaked because the land was. clear and con- 24 struction was commenced. ! However, on May 30 1989 a Stop Work 25 1 Y , , P J t _ n r s 6 2 Order was issued advising us the zoning was 3 now improper and we halted construction 4 after pouring the foundation. The founda- 5 tion, I believe, was completed in early 6 September. To date, Mr. Chairman,. the applicant has expended nearly $75,000 toward construc- s tion, and $115 ,000 for architectural , en- 10 gineering, legal and other soft costs, in addition to monies expended for the acquisi- 12 tion of the land. At present , there is a 13 foundation in place for the proposed center. . 14 The applicant is seeking this 15 variance because a little application of the 16 zoning ordinance will result in an unneces- 17 sary hardship. _ 18 Otto v. Steinhilber, 282 NY 71, 19 (1939) , established that the Zoning Board 20 may exercise its discretion and grant a 21 variance upon the ground of unnecessary 22 hardship when it is shown three things: 23 1. The land in question cannot yield 24 a reasonable return if used only for -the 25 purpose permitted in that zone. r. f1 1 7 2 2 . That the plight of the owner is 3 due to the unique circumstances and not the 4 general conditions in the neighborhood. 5 3. That the use to be authorized 6 will not alter the essential character of the locality. 8 I would like to ask that the Board 9 keep in mind that when determining whether 10 or not the applicant may realize a 11 reasonable return through developing in 12 accordance with the permitted uses, you 13 consider the following factors, which ac- 14 cording to the Court of Appeals, must be 15 weighed: 16 1. Amount paid, in this case 17 $590 ,000; _ 78 2 . Present value of the parcel as - 19 zoned, you will hear testimony tonight, 20 approximately $150 ,000. ; 21 3. Amount of mortgages, in this 22 case, $440,000; 23 4. Income of the parcel , when 24 developed; And other relevant 25 factors, In this i � ~ � 8 2 instance, this includes the expenses in- 3 curred by the applicant in developing the 4 parcel , and the particular leasing market 5 situation. 6 These factors compromise what has 7 been termed the "Dollars and Cents" rule as S set forth by the Appellate Division in 9 Blumberg v. Siegel , " 87 AD 2d 650 , 448 NYS 2d 10 522 , (1982) . 11 That the plight of the owner is due , 12 to the unique circumstances and not the 13 ( general conditions in the neighborhood. In I 14 Ellentuck v. Klein, 51 AD 2d 964, 380 NYS 2d 15 327 , (1976) , indicates that expenditures 16 made in good faith reliance upon subsequent- 17 ly invalidated building permit may properly = 18 be considered in the variance proceeding. _. 19 Additionally, the granting of a use variance 20 is proper where the applicant has spent 21 large sums of money in reliance upon the 22 building permit and denial of the variance 23 would be financially devastating. 24 Similarly, you may also consider the 25 possibility of the applicant to cover debt �j 1 9 2 services with the permitted purposes . In 3 this case, residential plots of about three 4 or four units . Debt service, in this case, 5 could only be paid by the sale of these lots 6 or the houses upon them. You will hear 7 testimony this evening that it would be economically disastrous in that the value of 8 9 these lots would be -approximately $150,000 10 and the owners have already invested ap- 11 proximately $800 ,000 . 12 There can be no question that the 13 plight of this applicant is due to unique 14 circumstances relating specifically to this parcel of land, and that it is not shared by 15 16 other land in a .larger area. . Testimony will 17 show that in the immediate area it was only - 18 the applicant 's land which was rezoned from 19 Business to Residential/Office, and that no 20 other nearby landowner has had its building 21 permit revoked after . construction had com- 22 menced. 2s The use variance to be authorized 24- will not alter the essential character of 25 the locality in this instance. The r v 10 2 testimony you will hear tonight will show 3 that the granting of the requested variance 4 and the subsequent development of the 5 proposed center will not alter the essential 6 character of the neighborhood. 7 The Appellate Division in Hanna v. 8 Crossley, has held that the existence of 9 similar or identical uses in the vicinity of 10 the proposed site reduces the likelihood 11 that the essential character of the neigh- 12 borhood will be altered. Directly across 13 the street is Porky's Restaurant and the 14 parcel is located on a major intersection in 15 Greenport . The development of the shopping 16 center at this business intersection is 17 compatible with the immediate area. _ 18 I am sure you will agree that upon 19 hearing the testimony offered tonight , the 20 applicant has indeed met the burden that 21 there is unnecessary hardship for which the 22 . . Board may grant the requested Use Variance. 23 On a personal note, ..I would like to 24 say that my family and I have made every Ieffort to build aesthetically beautiful 25 y i f 2 buildings throughout Suffolk County. Our 3 finished products meet or exceed that which 4 is represented in our renderings . This 5 particular rendering before you is a build- s ing which was completed in the Historic District in Mt. Sinai , in the Town of Brook- 8 haven. I have pictures . I have pictures 9 showing the completed project. 10 ' We build our buildings . We operate 11 our own buildings . We don't sell them to 12 others . We live and work and are sensitive 13 and respectful to the needs and wishes of 14 our neighbors . I hope you will agree that 1s the present circumstances are due to a 16 series of events that are out of our control 17 and the relief requested tonight is jus 18 tified. I I will introduce now Mr. 19 Edwin Tuc- 2U cio. 21 MR. TUCCIO: I am a real estate 22 broker and appraiser representing the Town 23 of Riverhead and Southold, .-and in the County 24 of Suffolk. The purpose of my testimony is 25 to .establish to the Zoning Board that if a q r 1 12 2 Use Variance is not granted to the 3 petitioner, it will create a tremendous 4 economic hardship. 5 There are different types of 6 scenarios that affect the value of this 7 property. For example, before the Town 8 upzoned to RO (Residential/Office) , . the 9 property was purchased with the intentions 10 for a retail shopping center (29 ,000 square 11 feet) . With this type of approval , the . 12 value of vacant land with an approved site 13 plan could be worth up to $850 ,000 to 14 $950 ,000 . 15 Under the type zoning (now RO) only 16 three or four lots would be allowed on this 17 property. Even if this were allowed by the = 18 Town, what average person would want to - 19 purchase a vacant lot and build a home that 20 close to the Main Road? 21 It is in my opinion that each lot 22 would only sell for $25 ,000 to $30 ,000 each. 23 If this were the case, the .-petitioner would 24 only realize, at 'the most, $120 ,000 . You must .remember, they y paid $590 ,000 for b r 1 13 2 this parcel . 3 Another scenario is Residential/ 4 Office. Currently, there is no demand for s office space in the Town of Southold. I 6 doubt very much that the Town wants to make 7 the same mistake as Riverhead has done, and 8 that is approving more office space than 9 needed. Currently in Riverhead, we have 10 around 250 ,000 square feet of vacant office 11 space. That is unheard of in the real 12 estate industry. If this Board does not 13 approve the Use Variance, it may be promot- 14 ing more office space. 15 One thing that I think you should be 16 aware of . is when such a high vacancy exists 17 in a town such as Riverhead, most landlords ., _ 16 are able to have their assessments reduced 19 because of a vacancy factor. When real 20 estate investors grieve their taxes and are 21 reduced by the Town, they .lose a large chunk 22 of our tax base when overbuilt . That could 23 happen here. 24 The bottom line is that the orily way 2s a reasonable return can be realized for this t� r n 1 14 2 property is to develop it as what it was 3 zoned, for business use. The tax benefits 4 are far greater to the Town if it is built 5 as a retail shopping center versus Residen- 6 tial/Office. 7 On a final note, I think it is in the 8 best interest of the Town as well as our 9 client, to grant the Use Variance and allow 10 this project to realize its full potential . 11 Thank you. 12. THE CHAIRMAN: Thank you, Mr. Tuccio. 13 MR. CORRIGAN: Mr. Chairman, my name 14 is Robert Corrigan. I have been asked by 15 Mr. Tsunis as to the financial ability of 16 the project as a retail center. 17 I have been in real estate since - 18 1973 . I have worked at the Dime Savings 19 Bank and the East River Savings Bank as a 20 mortgage lender. I rose to the rank of vice 21 president . Today I am actively engaged in 22 mortgage banking. I hold an MBA from St. 23 Johns University in finance- and banking. S 24 I am a member of various real 'estate organizations and various real est 25 ate groups r U f - 1 15 in the City of New York and Long Island. 2 3 Since 1985, I have been underwriting 4 mortgage loans exceeding one billion dollars 5 for both construction and permanent 6 financing. 7 During my career I have provided 8 permanent financing for Mr. Tsunis and- have 9 worked on construction financing for his 10 projects, and always found him to be fair 11 and reasonable in his approach and has 12 always acted according to everything he ever 13 I said he would do. . 14 At Mr. Tsunis' request I analyzed a 15 proposed shopping center to determine what 16 would be available under the present market 17 conditions in the way of financing for both = 18 the construction and permanent loan. I 19 determined that a construction loan of 1. 9 20 million dollars is reasonable. This. loan 21 would be inclusive of the existing financing 22 of $440 ,000 of already, existing land. 23 Financing could be arranged. and that would 24 be fair and reasonable, and that is based on a proposed construction budget of 2 ~475 000 zs S , o , 16 2 and the existing preleasing that is in 3 place. 4 In regards to permanent financing, we 5 believe that we could arrange $2 , 475,000 . 6 based on typical underwriting procedures. I 7 do .have that methodology. 8 Based on the previous testimony, if 9 the project was to only have the residential 10 use and the estimated market value on the 11 land of $150 ,000 , we feel that the best 12 - financing that would be available would be 13 $75 ,000 , which is 50 percent of the value of 14 the property, which is typical of this type 1e of project , residential project . 16 THE CHAIRMAN: Thank you, sir. 17 MR. KRAMER: Stuart Kramer, Director - 18 of Leasing for Tsunis Associates . 19 Tsunis Associates is .the broker 20 responsible for the marketing and leasing of 21 the "Greenport Commons" . 22 With Tsunis Associates , I have suc 23 cessfully leased 200 ,000 square feet of 24 retail space at the Sunshine Mall in Med- ford, long Island zs g and I have been involved 17 2 in many other projects in Suffolk County. I 3 believe my specialty is leasing shopping 4 centers . 5 I have been involved in the leasing 6 of Greenport Commons since June;' 1988. From 7 June 16th until the present time, advertise- 8 ments were placed in the appropriate 9 newspapers seeking both national and local 10 tenants . 11 As a result of these efforts, I have 12 secured two signed leases and one letter of 13 intent. The first lease is with Shop With 14 Us for 3 ,300 square feet . Shop With Us is a 15' five store chain of superettes . 16 The second lease is with Poon's 17 Chinese Takeout for 1,000 square feet .. 18 Poon's is a four store chain of Chinese 19 takeout restaurants . 'Since the signing of 20 the lease, the tenant has expressed interest 21 in doubling its square footage. 22 The letter of intent received is from 23 McCrory Stores for 8 ,000 square feet. 24 McCrory's is a national variety chain store NO- 25 with. 1, 600 stores nationwide. u t 1 18 2 These three agreements alone repre- 3 sent more than 13 ,000 square feet, or over 4 42 percent of the total center. 5 I believe that these tenants were 6 attracted to our center because of our 7 unique abundant parking, our location being 8 at a major intersection and because of our 9 New England Architecture that will blend 10 with the town. 11 After these commitments were received 12 and construction commenced, we received a 13 tremendous amount of serious inquiries , 14 including the following categories : phar- 15 macy, dress shop, florist, haircutter, dry 16 cleaner, print shop, .card shop, Greek res- 17 taurant, pancake house, pizza takeout, _ 18 doughnut shop, and two banks . Thank you. 19 THE CHAIRMAN: Thank you, sir. 20 MR. GREBER: My name is. Norman 21 Greber. I am a consultant in an independent 22 firm. My offices are in Amityville, -7. Green 23 Avenue. I hand up my credentials , but very 24 briefly, I have a Masters degree in planning from Cornell University. I work for 25 � Y• public r 1 � 7 19 2 and private firms , and since 1971 I have had 3 my own firm, Norman Greber Associates. 4 I have been retained by the appli- cants to look at this particular situation 6 with respect to the overall planning charac- 7 ter of the area, traffic and related mat- 8 ters. Very interestingly, actually what is 9 being asked for is nothing more than what 10 was already proposed by the Town of Southold 11 with respect to the site plan. What is 12 being asked for is just a renewal of that 13 site plan that was deemed to be quite suffi- 14 cient by everybody concerned a couple of 15 years ago. 16 This is an area that cannot be con- 17 sidered a residential area. Not only is - 18 there Porky's across the street, which is an 19 LB Zone, but a short distance to the east of 20 the north side of Truck 25 , just to the east 21 of Manhasset Avenue, there is a 'large, very 22 large RO Zone where an old mansion was built 23 which has professional offices in it . ( 24 It is also at a very important .inter- 25 section where many streets and many' roads 1 20 2 come together, where there is a blinking .3 light. The homes that are in the surround- 4 ing areas are in basically good shape, but 5 they are on fairly small lots with respect 6 to the subject property. 7 The subject property if developed, 8 the single family residences would require 9 40 ,000 square feet each. Basically, that 10 would lay out four rectangular lots facing 11 Main Road, facing Porky's and Porky's park- 12 ing field. That is essentially the way this 13 property would have to lay out four deep 14 lots that way. These lots would be between 15 three and five times the size of the lots in ' 16 the surrounding areas . i7 So in my opinion, it is out of = 18 character with the surrounding area, not- 19 withstanding the fact that i,t was rezoned 20 and the Master Plan saw fit to recommend 21 such a change. The fact that it is unique 22 is the result of the fact that 'this is the 23 only zone that , at. least in my studies , 24 indicates this was the only one that 'was 25 changed in the immediate area. jl A 7 1 21 2 A professional office was discussed 3 earlier, but that is not really permitted 4 use in RO Zone. The RO permits, as a matter 5 of right , only single family homes on 40,000 6 square foot lots , for all practical pur- 7 poses. Special exceptions asked for and if 8 granted by this Board could produce . . . 9 professional offices could produce a funeral 10 home, could produce other things if asked 11 for. As a matter of rights, only single 12 family detached homes on 40 ,000 square foot 13 lots could be allowed. 14 Greenport . . . downtown Greenport is a 1s busy, active, often congested area with 16 respect to the street system, parking 17 facilities and particularly in. the summer = 18 time, of course, sometimes spaces are hard 19 to come by. Oftentimes you must park and 20 pay money in the meter in order to park. 21 There is no question that the proposed 22 shopping center, where a merged facility, 23 retail and office together .totalling 29,000 24 square feet, would relieve the pressures on � 9 Greenport Village downtown and I might add,, Il , J J f5 1 22 2 at a very convenient location. 3 It is precisely what the Town of 4 Southold has done with the Hamlet of 5 Southold, in the five miles where we are 6 today, about five miles to the west of the 7 subject property. On County Route 48 there 8 are two shopping centers , seven-tenths of a 9 mile away from the downtown area. The same 10 as the subject property . . . is eight-tenths 11 of a mile from the intersection of Front and 12 Main in downtown Greenport . There are two 13 shopping centers there, totalling 24 ,000 14 square feet . They are not all rented but 15 there is 24,000 square feet, plus or minus , 16 of retail . This proposal is 29 ,000 square 17 feet of merged retail and office. _ 18 It is my opinion it is very similar _ 19 to what has happened here if, in fact, it is 20 approved further to the east . . There is no 21 shopping at all on CR 48 or Truck 25', from 22 essentially Youngs Avenue and CR 48 , all the 23 way out to Orient , 12 miles- . . . nothing 24 zero. In the thinking of the Town 25 putting rl _ ' r 1 23 2 shopping just north of downtown Southold, 3 which relieves the pressure or whatever the 4 reasons were, it would be exactly the same 5 as relieving the pressure in Greenport . . . 6 almost virtually the same distance due north 7 of where the business district is. 8 There is no question also, based upon 9 my studies, that a substantial amount of the 10 traffic is. in fact already on the road, 11 particularly east of the subject property, 12 because once you go east you have no choice. 13 You have to go to East Marion or Orient. 14 All of that traffic will necessarily pass 15 the subject property. Whether they want to 16 stop there or not is not the point . They 17 are already on the road. _ 18 Traffic studies that were done in the 19 Master Plan indicated there were no traffic 20 problems in that area. Current traffic 21 counts that I have obtained from the New 22 York State DOT indicate a very similar 23 situation to what was in fact the traffic 24 situation back in the early ' 80s , where peak 25 hours in that area generated approximately i� r 1 24 2 300 to 350 cars in the main direction during 3 peak hours. The same situation today as it 4 was in those days . s My observations of traffic flow at 6 the blinking light indicates that there are 7 no problems . Yes, you must wait for cars if 8 you are going north and you want to make a 9 left-hand turn, but those are normal delays . 10 They are shorter than they would be if , in 11 fact , there was a regular red light situa- 12 tion as opposed to the blinking red light 13 situation. 14 I also feel that this facility, as 1s proposed, in terms of aesthetics will look 16 very much like a professional office build- 17 ing. If , in fact, a professional office = 18 building was being sought , that rendering 19 you have before you could very well be a 20 professional office as opposed to retail . 21 Remember, this is retail and office. 22 So that amount of traffic that would be 23 generated is softened by that merged use. 24 In conclusion, unless you have ques- 2s tions , I believe that the character of the i� - 1 25 2 area is such that this facility as presented 3 would not detract from the area. I would _ 4 also like to add, with respect to this 5 facility, that this facility is producing 8 rear buffers . The shopping centers near 7 here do not have rear buffers. The parking 8 that is behind the store and the office that 9 is proposed in the site plan you have before 10 you, I submit there are 50 spaces in the 11 area. It is my opinion, and I suggested 12 this to the applicants , that John, if he 13 wanted to, could land bank those spaces. I 14 don' t know if they will be needed. 15 There are 203 spaces on the site 16 plan. I don' t think you need more than 150 . 17 Those 50 spaces , while they are necessary to = 18 satisfy the code, may not be necessary- to 19 satisfy reality and if you land bank them, 20 the homes , there are eight homes that back 21 up to the subject property . . . this is on 22 Knapps Place. Those homes would have .addi- 23 tional buffering . . . if in ..fact the parking 24 was not provided. If it were provided, 25 there still would be the. buffering. I !l r u 1 26 2 suggest there could be greater buffers 3 without any lots of utilities to the shopp- 4 ing center. 5 THE CHAIRMAN: Thank you, sir. 6 MR. TSUNIS: Mr. Chairman, that 7 concludes our presentation. Again, if I may 8 reiterate in the final remarks , if the Town 9 of Southold Building Department would have 10 permitted me to construct this parcel pur- 11 suant to drilling a well , as they were 12 subsequently advised by the County Board of 13 Health, I would .not be before this Board 14 today. I certainly would not have expended 15 $800 ,000 for what I was told is a $150 ,000 16 piece of property. 17 Honestly, we relied on what we were = 18 told. We relied on the site plan. We 19 relied on the Board of Health' s approval . 20 We listened to people telling us that we are 21 getting municipal water soon and the time 22 slipped by. We never were aware that this 23 parcel was being changed in- January of ' 89. 24 Obviously, the Building Inspector did not either, otherwise he certainly y would not _ . Y N 1 27 2 have issued the building permit . 3 However, substantial funds were in 4 good faith expended. We submitted these 5 plans to the Building Department . We received your approvals . I would be happy 6 to work with anybody in the Town, to 8 eliminate any problems that may be suggested 9 and we hope that the Board will look 10 favorably upon this application. 11 THE CHAIRMAN: The only question I 12 have is did you think about asking the Town 13 Board for another rezoning? 14 MR. TSUNIS : Again, Mr. Chairman, as 15 the other gentleman indicated, I received a 16 telephone call to stop work out here, not 17 knowing what in the world was going on. We = 18 poured twenty-something thousand feet of 19 concrete to build storage. I ran out here. 20 I met with the Town Board. I met P1 with the Town Attorney. The Town Board said 22 they sympathize with me. They felt very bad 23 about it . They would like .to rectify it , 24 but they indicated the direction should be PP 25 made at the Zoning Board of Appeals and in j' 1 28 2 that it was a unique situation in and of 3 itself, it was not a broad rush and that 4 there was a case to be handled on an in- 5 dividual basis due to the uniqueness of the 6 situation. 7 This is where they directed me to 8 come, Mr. Chairman. 9 THE CHAIRMAN: Thank you. 10 MR. TSUNIS: Thank you. 11 THE CHAIRMAN: If there are any 12 spokepersons in the audience that would like 13 to speak, after we ask if there is anybody 14 .) else that would like to speak in favor of 15 this application . . . I would refer t"o the 16 spokesperson, I refer to them as possibly 17 leading a group first and individual persons = 18 in the community. 19 Is there anybody else that would like 20 to speak in favor of this application? 21 MS. GOHOREL: My name is Jane 22 Gohorel , and I have written out what I have 23 to say. I must say I am amazed at what I 24 just heard about the plan for Greenport .and the amount of trouble these 25 gentlemen have �j . 1 29 2 gone to to get all the wrong answers . 3 This is to the Southold Town Board of 4 Appeals : 5 The proposed Gr-eenport Commons com- b plex is an example of the kind of misuse of 7 the open spaces which the long-awaited 8 Master Plan was designed to prevent . The s construction at this important intersection 10 of yet another row of stores and offices , 11 offering goods and services of the type 12 already abundantly available within the 13 Village itself and elsewhere, nearby, would 14 not only adversely effect Greenport 's com- 15 mercial center, but would needlessly and 16 unalterably damage the rural character of 17 the whole area. _ 18 There are at present numerous stores 19 and offices in Greenport and throughout 20 Southold Town, including space in the newer 21 malls , that remain empty after more than a 22 year, some much longer. This proposed 23 development has been extremely unpopular in 24 the community at large, has been criticized 25 in the press and Chambers of Commerce. , It �j . 1 30 2 has nothing new or attractive to offer, 3 except to the developers who will take their 4 profits and move on, leaving us with the 5 mess . It is opposed by environmentalists as 6 well as those who care about preservation of 7 the historic and rustic charm of the North 8 Fork. And it is in conflict with the- Master 9 Plan which went into effect in January, 10 1989 . 11 Yet , a building permit was issued 12 last spring. Inexplicably, this error went 13 apparently undetected until after the foun- 14 dations had begun. It is difficult to 15 believe that Jordan's Partners remained 16 totally unaware all along of the illegality 17 of the situation and -even harder to under- _ 18 stand why the Town waited so long to take 19 this proper action. 20 Granting the requested variance on 21 the grounds of financial hardship suffered 22 by Mr. Tsunis will only compound the error 23 and set a very sorry preced.ent . It will 24 very likely open the way for further excep- �� 25 tions to the rule and future random I� l 1 31 2 commercial invasion to the west and east 3 along a stretch of highway that has so far 4 managed to escape the blight of suburban 5 sprawl . s We urge that the requested variance be denied. s Thank you very much. 9 THE CHAIRMAN: Is there anybody else 10 that would like to oppose this particular 11 project? 12 13 MS. WATSON: I am not as eloquent as 14 this lady. I am Mae Watson. I own Sterling 15 Square, downtown Greenport. It was 16 established in 1973 , and we took preexisting i7 buildings and restored them to what they are = 18 now. If anybody here knows what they look 19 like, you know they are in character with 20 the community. 21 I want to say that up until last year 22 I have never had full occupancy and my. 23 square footage costs my tenants under $10 a 24 square foot . We have three shopping centers in the Village of Green port and without 25 P �l 1 32 2 counting them I would say there are ap- 3 proximately 17 to 20 more shops that are 4 empty. One has been completely empty for 5 quite a while. 6 Our businesses are basically seasonal 7 and based on tourist trade. We have already 8 five Chinese takeouts on the North Fork, 9 plus one regular restaurant . We have three 10 drug stores on the North Fork, in the 11 Southold/Greenport area. We have a variety 12 store. I don't think we need any more of 13 these . 14 The North Road at that intersection 15 to Orient Point , there are four restaurants 16 which people traveling from New London and 17 New England can go well serviced. As well , _ 18 in the Village of Greenport , there are four - 19 more . . . or more . . . I can' t even count . 26 I am totally against it. I want it 21 on the record this would be an incredible 22 hardship on the Village of Greenport . 23 If you look at the Village of River- 24 head, you see what the strip of shopping 25 centers has done to that community. 1 33 2 It is totally out of character 3 without colonial community. The North Fork, 4 we are more of a resort and retirement area, 5 and I don't see the population going. I 6 think the economics in real estate do not 7 warrant this kind of expenditure, and I am a really sorry these people went to that kind 9 of investment without looking into that . 10 THE CHAIRMAN: Thank you. 11 MR. TOWNSEND: - Joseph Townsend, 12 former Mayor of the Village of Greenport and 13 former Town Councilman. I am prepared to 14 speak, so I will be brief . 15 I would like to say, as Councilman I 16 have sat in on it and worked on the Master 17 Plan as it exists today from almost the - 18 beginning. There was a decision made to 19 change the zoning at that location, because 20 of what you heard tonight , the impossible 21 impact on the Village, the nature of traf- 22 fic, the general improbableness of that site 23 for this kind of development . This was made I 24 known in all the Town meetings , the meetings 25 going on from ' 85 to the final adoption of 4 � , 34 2 the Master Plan. 3 I am not familiar with exactly what 4 happened with the existing site plan and the 5 building permits . All I know is that the 6 zoning was . . . we had hoped the zoning would 7 be changed from the very outset of the 8 process . 9 The new zone is inconsistent with the 10 overall goals of the Master Plan and if a 11 hardship has been created, it seems to me it 12 should be corrected, not by any group but by 13 Article 78 for some sort- of procedural 14 basis . Because, as far as I know, the 15 Master Plan was passed properly. 16 These people had notice of that , as a 17 property owner, and I feel that this is not 18 the proper area for their redress . 19 THE CHAIRMAN: Thank you, Mr. Coun- 20 Gilman. Anybody else who would like to 21 speak? 22 MR. ISAACS: Bruce Isaacs , ' President 23 of the North Fork Environmental Council . 24 We are opposed to this project for 25 all the reasons expressed by the speakers in 1 35 2 opposition. There is no sense repeating 3 them again. _ 4 THE CHAIRMAN: Thank you. 5 MS. WIESEHAHN: Ruth Wiesehahn. I s have a short letter from the Greenport Historic Preservation Commission. 7 "Dear Members : 8 9 As members of the Greenport Historic 10 Preservation Commission, we are deeply 11 concerned about your decision regarding 12 'Greenport Commons ' . 13 If Greenport Commons is commercially 14 developed, we feel that Greenport 's commer- cial district will be adversely affected. 16 Much of that commercial district is 17 officially designated:* a historic district . _ Therefore, we urge this Board to hold 18 19 firmly to the zoning spelled out in the 20 approved Master Plan. " This is signed by the Members of the 21 22 Greenport Historic Preservation Commission. 23 Thank you. MS. WADE: Randy Wade. - I 2a just' want to make- a point , that the one commercial 25 i� . r 36 2 district is the only one downtown that is 3 directly on the waterfront being economical- 4 ly strong and vital . The Master Plan recog- 5 nized a retail shopping center on the out- s skirts of the Village would stop the 7 vitality of Greenport and zoned this proper- 8 ty up towards residential . 9 Since the Village has a huge retail 10 vacancy rate right now, it seems in the best 11 interest of the applicants to appropriate 12 the Master Plan and seek the proper varian- 13 ces to get four houses , the four that they 14 I stated they were going to be able to build 15 there. As especially there, if they were 16 landscaped properly and compatible with the 17 character of Greenport, and new houses are = 18 in great demand. Retail rentals are not. 19 This intersection is our gateway. It 20 signifies a transition- between the main 21 thoroughfare of the North Road and the 22 residentials running around the commercial 23 town. It should not be like a strip mall 24 landscaped by a parking lot . MS. FLYNN: My name is Ingebor 25 g r d i 1 37 2 Flynn. I am a resident of the Town of 3 Southold. I mould like to express my 4 opinions critical of this application. 5 Before doing so, I would like to cite, s briefly, some of my background and experience which, as in a legal proceeding, 8 serves to qualify my opinions . 9 I have been a licensed real estate 10 broker for over 20 years and am a graduate 11 of the Real Estate Institute. 12 I conduct my business from an office 13 in the Village of Greenport . 14 I have been active in the sale, 15 leasing and financing of commercial , in- 1s dustrial and income properties , as well as 17 vacant land in various zoning districts , as = 18 well as residential property. - 19 Over a period of seven years I was 20 progressively: Secretary, Treasurer and 21 Vice-President for Suffolk County of the 22 Long Island Board of Realtors . ' I served in 23 this latter capacity for three years . 24 In addition, I was a director of the 2s New York State Association of Realtors and J� 1 38 2 the chairperson of several committees . 3 To address the subject application, 4 in my opinion it represents yet another 5 attempt to circumvent , or try and end run 6 around the Southold Zoning Code by seeking a 7 rezoning disguised as a variance. It is my 8 understanding that rezoning requires legis- 9 lative enactment and is a function reserved 10 to the Town Board. 11 It is also my understanding that the 12 basis for this application lies in the 13 erroneous issuance of the building permit , 14 subsequent to the adoption of the Master 15 Plan, and a later Stop Work Order. I fail 16 to see where an error on the part of the t7 Building Department overrides an existing = 18 zoning ordinance. -- 19 I believe you will agree with me that 20 the preparation of a comprehensive, or 21 Master Plan starts , . or should start with a 22 blank piece of paper. The overall planning 23 of the Town is to be considered in terms of 24 needs and effects , now and in the future. - :Not of least importance is the long-term 25 g f! . 1 39 2 effect on the character and viability of 3 established communities . 4 A review of the situation reveals 5 that the Town had long since made its inten- s tiors clear. Preliminary Land Use Plans for Southold Town were released to the public in 8 January of 1984. These plans were prepared 9 by the Town consultants , Raymond, Par- 10 rish, Pine and Weiner, who placed the 11 property in a Hamlet Density Residential 12 District . This was approximately five years 13 before the adoption of the Master Plan. 14 By January of 1987 , RPPW's plan had been 15 revised to Residential/Office use. 16 I rarely find myself in agreement 17 with the actions of the Southold Town Board = 18 with. respect to zoning. Their overall - 19 actions with respect to the Village of 20 Greenport have been particularly harmful . . 21 They have demonstrated a predisposition to 22 locate all of the .intensive, undesirable 23 uses unwanted elsewhere on .-the perimeters of 24 the Village on the false premise of adequate 25 and safe water supply. Contrary to its i 1 40 ` 2 stated policy, the Board has strip zoned 3 Route 25 , the major access road to the 4 Village. 5 Having said this , I find myself in 6 agreement with the zoning of the subject 7 property. Any observer of the real estate 8 scene has observed the adverse effects of 9 the development of highway business when on 10 established downtown business areas . I need 11 only cite Babylon, Bay Shore and Patchogue . 12 as examples . 13 The downtown business district of 14 Greenport is suffering. Stores are vacant . 15 And newly erected shopping centers are doing 16 badly. Many tenants are of marginal 17 quality. A shopping - center to the west on - 18 the North Road has been foreclosed recently. 19 The Village of Greenport is making valiant 20 efforts to restore its image as a tourist 21 attraction and commercial center. 22 To establish, contrary to the zoning 23 ordinance, a shopping center on a traffic 24 artery not in the Village would repeat the 25 mistakes of the past and serve to undue the 1( 1 41 2 efforts of the Village. 3 The subject Appeal dumber 3915 is* 4 classified as an Appeal from decision of 5 Building Inspector. I am sure there has 8 been enough legal precedence set in this 7 area to require no comment from me. 8 However, the application appears to 9 be in the nature of a dual attack. It also 10 seeks a variance from the zoning ordinance. 11 The Board of Appeals is empowered to 12 alter the strict letter of the law or to 13 alter the application of zoning regulations 14 so that their spirit is observed. The 15 zoning change which would be required is 16 hardly altering the letter of the law. As 17 for the spirit of the law, this is a = 18 nebulous concept . The zoning ordinance is 19 the actual law, clearly defined. 20 Hardship and practical difficulties 21 as the grounds for a variance must be in- 22 herent in the property; not its ownership . 23 Hardship is measured is measured in finan- 24 cial terms , by proof that the property as uentl regulated is valueless . A fre 25 q Y cited ij a . Y d ) 1 42 2 test is that the property has only "a bare 3 residue of value" . 4 As far as practical difficulties are 5 concerned, they too must be inherent in the 6 land and not the owner's intentions or 7 operations. With respect to the owner's 8 submission of a Short Environmental Form, I 9 would like to make some short comments : 10 Question Number 12 apparently dis- 11 regards traffic problems at a major inter- 12 section. 13 I did not prepare for that , but I 14 would like to add to that that the planner 15 estimates that the traffic was about the 16 same as 1980 . We know that even. now in the 17 summertime, the ferries run around every = 18 hour. In 1980 , we had about four ferries - 19 running a day, and the traffic must have 20 certainly doubled or even more. than that . 21 Don' t tell me there are no major problems . 22 Question Number 14 states that .the : 23 project will have no major -effect on the 24 character of the neighborhood. 25 Question Number 15 answers the 43 2 question of public controversy with a 3 no . . . and I don' t think we can even say 4 that tonight . 5 In summation, what is sought here is 6 a zoning change, not a variance. This is a matter for legislative enactment. Granting S the variance to accommodate the owner ' s 9 objectives would go far beyond both the 10 letter and the spirit of the regulations . 11 Errors on the part of the Building, Depart- 12 ment cannot void ' zoning regulations nor can i 13 they serve as the basis for granting a 14 variance . 15 Thank you. e 16 MS. CROSSER: Diane Crosser, resident 17 of the Town of Southold: - " 18 The first question I would like to 0 a s 19 address to Mr . Tsunis would be you stated Y 2 Z ° 20 that . . 0 Y 21 THE CHAIRMAN: You have to address it V - 2 Y l 22 to the Board. You cannot cross-examine an 23 applicant , first of all. He is not bound to 24 answer the question , also, unless he wants 25 t o . s 1 44 2 MS. CROSSER: What I would like to 3 know is Mr. Tsunis states the project would 4 not change the essential character of the 5 neighborhood, yet Mr. Greber stated the 6 center would look like a professional office 7 building. I would like to know what the 8 definition of the essential character of the 9 neighborhood is . 10 My second question, this would be 11 asked of the Board, would be that when ' 12 excavation began we were told that five 13 leases had been secured. Tonight we are 14 told only two leases have been secured and 15 this one letter of intent . I am just 16 curious to find out what happened to the 17 other leases . = 18 My third question would be . . . 19 THE CHAIRMAN: Before you go to the 20 third, that question was addressed not to 21 us . That was addressed also to these 22 gentlemen. 23 MS. CROSSER: Okay. .- What I would 24 like to know, as a resident of Southold, 25 would be what will happen if the rest of 'the tr 1 45 z leases are not secured as we initially were 3 told they had been? 4 THE CHAIRMAN: I can' t answer that 5 question, but go ahead. ` 6 MS. CROSSER: My last one, I guess 7 this will be an open ended question as well , is that Mr. Tuccio, Mr. Kramer, and Mr. 8 s Greber all stated their credentials and 10 testified at this meeting as experts in 11 their field. 12 My question would be, apparently I 13 won' t get an answer on this , is whether or 14 not they received any financial compensation 15 or if they stand to gain financially from 16 seeing Gr.eenport Commons come to fruition. 17 Those are my questions . 18 THE CHAIRMAN: Thank you. 19 Would you like to answer that? 20 MR. TSUNIS: I will answer the last r 21 one first . They are getting paid, � but they 22 are getting paid whether it is approved or 23 not . These people are experts in their 24 field, and' took monies to speak. They P 25 certainly, I don' t believe as professionals , j� 2 I would come out and not get paid for their 46 3 time. I paid them. I paid for the time 4 they spent out here, .expended out here. 5 THE CHAIRMAN: You only have one 6 question here. That 's the part of the firm 7 that spoke, is that correct , that 's the 8 gentleman on the end here? 9 MR. TSUNIS: -Yes , and he gets paid on 10 a commission basis . 11 THE CHAIRMAN: The other question was4 12 about the leases , I assume , ' and that was . 13 what would happen if I guess you. had several 14 more leases prior to . . . 15 MR. TSUNIS: I only had two leases 16 secured and one letter of intent . 17 THE CHAIRMAN: - What happens to the = 18 project if you don' t rent it? I assume that 19 is the question. 20 MR. TSUNIS: Well , I suppose there is ., 21 a question over there, if the entire project. 22 won't be built in one stage, either build in 23 one stage or if the Town would be giving a 24 permit we could build it in two or three stages . But there is 13 000 committed also 25 . �l 1 47 2 road, which is over 40 percent of the 3 project . 4 I also would like to suggest 5 apparently some retailers are seeking per- 6 mits to the location and to the fact there 7 is a large parking lot. The traffic that 8 we are talking about there, before, is not 9 going to result or increase due to the . 10 shopping center. 11 I would like to point out that the 12 traffic that was discussed coming off the C13 ferries , I believe, that is not going to 14 increase traffic because they may stop at 15 the intersection. 16 So, was there another question? 17 THE CHAIRMAN: About the character of - 18 the neighborhood. 19 MR. TSUNIS: Well , the character of 20 the neighborhood, I believe, would not be 21 altered due to the fact that the shopping 22 center, with the Planning Board acting 23 consistently with their input of the store 24 towards the intersection. There is a 63 foot buffer from the 25 - property line to the r �1 1 48 2 building line. It is far enough away, I 3 believe, for it to be properly screened by 4 fences and/or shrubs . 5 The alternative would be lots of rows 6 facing that very heavily traveled road. 7 That certainly would be out of character. 8 I would just like to reiterate one 9 more time, if I may, I am sensitive. I 10 appreciate what was said tonight by the 11 residents . I just hope that the residents 12 are appreciative of my point of view, as 13 well . 14 I have been literally held hostage 15 since 1988 , and having my approval in hand 16 and not being able to get a building permit 17 due to the fact that municipal water was not = 18 available. I was constantly told the well 19 could not be obtained. Subsequently, all of 20 a sudden, I could go ahead with the well . 21 If this well was permitted by the Town 22 Building Department two or three years ago, 23 I would not be here. I could have built in 24 accord with the existing zoning. 25 I am concerned that . I am l� 1 49 2 appreciative, again, what we are talking 3 about with retail uses downtown. I think a 4 relationship could develop with this one 5 location, with the store downtown. I cer- 6 tainly am not going to seek out uncomplimen- tary uses , but complimentary uses to what is 8 in existence. But again I feel a little bit 9 grieved in this particular situation. 10 I can honestly tell you I was never 11 notified that there was a change of zoning 12 in January, otherwise certainly I would have 13 been out there. The fact of the matter is 14 the Building Department issued me . . . did 15 realize that the zone was changed in this 16 parcel , and if the Building Department is 17 within a municipal building thdt these - 18 changes of zones are authorized, my office, _ 19 being. in Hauppauge, I woul-d hope that people 20 could understand that I would not know. 21 I am an attorney. I would not -build 22 without a permit and/or disregard the or 23 dinances . 24 I think our case was stated. I would 25 hope that the Board would review the package g 50 2 we submitted, and we would like to incor- 3 porate our records for your review to 4 analyze our case. I believe we have sus- s tained a burden necessary to obtain a Use 6 Variance. 7 THE CHAIRMAN: Thank you. 8 MR. HOLLAND: Everett Holland. I am 9 a resident of Greenport . I have a state- 10 ment as well as a question. If I understand 11 correctly, the Master Plan was changed in . 12 January of 1989 . 13 THE CHAIRMAN: January 10 , 1989. 14 MR. HOLLAND: The land' in question 15 was bulldozed sometime at the end of the 18 summer, I believe, and then it was in Sep- 17 tember . . . October the foundation was start- - 18 ing to be poured. I don' t understand why he - 19 was not informed in January that this was 20 changed. 21 THE CHAIRMAN: I don' t know. I can' t 22 answer that question. 23 MR. HOLLAND: I don't have a degree 24 in it . I don' t have an MBA or anything like 25 that:. i . r . � 51 2 I do not understand why it is so bad 3 to have a shopping mall here, which is 4 predominantly empty and have no shopping 5 mall on that North Road, all the way out to s Orient . I see nothing wrong with having 7 trees, grass . . . I do feel that it is very 8 unfortunate that this has gotten this far s out of hand. I don't know what can be done 10 to rectify this or how it happened, but I do 11 feel that there is an extreme amount of 12 traffic throughout that intersection. 13 The major part of the Village of 14 Greenport has three shopping centers; one 15 totally empty, another one maybe 95 percent 16 empty, another one equally empty. Plus also 17 there are quite a few stores there, out in - 18 other buildings , that are also empty. The -- 19 Village of Greenport is having a tremendous 20 problem in business , in the business dis- trict .trict . The last thing we need is another 22 strip mall on the outskirts of the Village. 23 The traffic in downtown is a problem. 24 Parking is a problem. It is a small , old- fashioned village. You do have to 25 put '.a .. _- 1 52 2 nickel in the meter. I don' t see any harm 3 in that . It is not a huge amount of money 4 you fork over , for the upkeep of that 5 property. 6 That is basically all I have to say. 7 Thank you. 8 THE CHAIRMAN:' Thank you, sir. g MS. SCHEEF.: Linda Scheer. I am 10 thinking back to the statements Mr. Tsunis 11 made at the beginning. The petitioners have 12 come to determine economic hardship , and 13 determined that the proposed development 14 does not alter the character of the area. 15 The Master Plan was in process for many 16 years . I find it hard to believe that a 17 professional developer would nbt know that = 18 property was going to be rezoned. 19 Secondly, I believe their planner 20 made the point that there is no shopping on 21 Trunk [sic.] 48 from Southold to East Marion. 22 Building, no matter how aesthetically pleas- 23 ing, will definitely alter -the character. 24 THE CHAIRMAN: Thank you. 25 1 53 2 MS. SANACTYNOWICZ : Nancy Sanac- 3 tynowicz . I am opposed to the shopping 4 center. I think it is really not needed. 5 The Master Plan was put into effect to 6 protect the character of our town, and I 7 hope we can follow it otherwise it will set 8 a terrible precedent for shopping centers to 9 spring up all over. 10 I have one more question. Where is 11 this going to be? It is not going to have 12 an Environmental Impact Statement done, I 13 see. 14 THE CHAIRMAN: We have not determined 15 it yet. 16 MS. SANACTYNOWICZ : I would like you 17 to determine. It needs an Environmental - 18 Impact Statement , though. Thank you. 19 THE CHAIRMAN: Sir?, 20 MR. ROWSON: Michael Rowson. I am 21 from Preston's , down in Greenport . 22 It is a pretty drawing. I can see a 23 lot of people come out here as tourists and 24 support our Town of Greenport . They don' t 25 come out here to see shopping centers . I 54 2 think a lot of them come out to see the 3 parks out in Orient , enjoy the waterfront , 4 and enjoy the open spaces . 5 I think it is up to the Zoning Board 6 to oppose this . Based on the facts that 7 many of the taxpayers here who have busi- nesses, and live here on a year-round basis , 9 enjoy the open spaces and being that the 10 Town Board represents the taxpayers , it is 11 in their best interest to do what is going 4 12 to keep the taxpayers happy. 13 THE CHAIRMAN: Thank you. 14 I just want to address one issue, so 15 that the applicants and the residents of the 16 Town are aware, we . . . and Mrs . Flynn will 17 attest to this because she satin on several = 18 hearings with her husband on it that we _ 19 are not closed on the Port- of Egypt . - We did 20 not have a Town Attorney until: February 22 , 21 1990 . So what we are going to be doing 22 tonight , again, asking this very nice lady 23 here who is taking this record down, to pull 24 this record out tonight and we will discuss 25 this record with the Town Attorney and we q r 0 1 55 2 will recess this hearing until sometime in 3 April , and we will let you know. We believe 4 the next hearing is going to be April 19th, 5 and we will convene at that time. 6 My question basically is is there 7 anybody that might not be here on or about 8 approximately . . . that is, that date is s subject to change based upon when we get the 10 hearing record and when we get the chance to 11 discuss it with the Town Attorney, who is 12 Harvey Arnoff . We will recess until that 13 date or approximately that date, and then 14 conclude the hearing, hopefully in about 45 15 minutes . We would not want to shove anybody 16 out who might not be available at that 17 particular time. 18 If there is anybody here tonight that 19 has not spoken tha-t may be away . . . we 20 realize that is during the Easter holidays 21 you know, give a week before or a week 22 after so will you please speak? I. know 23 I have to read that letter, 24 Ma'am, you have a question? , C_ - 25 MS. OSTROSKI : I own a luncheonette 1 56 2 in Greenport . One of the representatives 3 from this group came and suggested we might 4 want to move our business to their develop- s ment , and I don't think that is in the best 6 interest of the community. 7 Mariella Ostroski (phonetic spell- 8 ing) . 9 THE CHAIRMAN: The request from the 10 gentleman in the rear of the room for -Alice 11 Green. 12 "Dear .'Members of the Board: 13 This letter is being written with 14 mixed feelings in regards to the proposed 15 construction project . While it is under- 16 standable that a business expects a return 17 on investment , it is - difficult ' to comprehend - 18 why a businessperson would expend a large - 19 amount of capital at a time of weak economy 20 in an area where there are many business 21 storefronts vacant (ie. Sterlington Com- 22 mops , Victorian Village, Kontakosta'.s . 23 storefront) . 24 Perhaps there are other reasons which 25 the general public is unaware of , but in the f r. n � 1 57 2 minds of many local people this project 3 appears to be five or ten years premature. a Another area of unkept vacant stores with 5 broken or boarded up windows and trash s blowing in the breeze is not desireable. 7 The traffic problems have not 8 diminished and the new traffic pattern at 9 the intersection of Routes 48 and 25 is 10 worse than ever. Add to this a traffic flow 11 due to retail shops in operation and there 12 may be a hazardous situation to the general 13 public. It is hoped that this has been 14 thoroughly researched and considered. 15 This is no question that the thoughts is of noise pollution become apparent . A 17 retail shop operation requires !truck = 18 deliveries at all hours of the day and 19 night. Depending on the type of retail 20 shop, it is possible to have store hours 21 around the clock and perhaps not the most 22 desireable clientele inhabiting an area 23 adjacent to residential homes . It is not 24 uncommon for business people and investors 25 I who are not residents to do whatever it i 0 1 58 2 takes to proceed with their project to 3 accomplish a bottom line. Sometimes it is 4 done without regard to how it effects the 5 local inhabitants who will live with the s situation for many years . 7 Please consider these concerns before 8 approving a project which can have so much 9 influence on us . 10 Sincerely, 11 Alice Green" ' 12 I should say we received another 13 letter, or there is another letter in the 14 file. 15 Yes , ma' am? is MS. McDONALD: Marion McDonald. May 17 I ask a question? What are yoil basing this - 18 Board's approval of this variance on? I 19 don' t understand. 20 THE CHAIRMAN: There are three traf- 21 fic areas . The most important one is the 22 one that was clearly defined by Mr. Tsunis 23 in the beginning. That is -dollar and cents 24 proof . 25 MS. McDONALD: This Board would rule d 59 2 on something like that . 3 THE CHAIRMAN: Dollar and cents 4 proof . It cannot be used in its present 5 situation. That is the most important . s Okay. At this particular time, I am 7 going to offer a resolution to recess this 8 hearing. I am sorry. _ 9 MR. DINIZIO: ' After reading the 10 Suffolk Times today, that reminded me of a 11 letter that my wife had written, too. I 12 live in the general area behind Porky's 13 Restaurant . 14 She wrote a letter to Joe Sawicki , 1s State Assemblyman, and he had the State 16 Department of Transportation come out and do 17 a study on that corner. The study indicated = 18 that at that time, which was August 26, 19 1987 , there was no problem as far as traffic 20 on that corner which I use daily and my wife 21 uses daily and plenty of people in this 22 audience use. 23 I just wanted to offer that into the 24 record, so you can read it . It may help, it C 25 might not help , or I don't know what. But 1 60 2 my personal intention is to ask the Planning 3 Board if this particular project was taken _ 4 into account when the study was taken and 5 just what type of traffic your project will s entail . 7 I understand your hardship, and it _ g certainly is very clear tonight. But I just 9 did not want anybody to think that this was 10 going to be something . . . I want to keep it 11 out in the open. We did receive this letter 12 and it will be part of the record. It does r 13 exist and it has an on-going thing, at that 14 particular point . 15 THE CHAIRMAN: Thank you, Jim. 16 MS. FLYNN: I would like to remind 17 you, mapping on the traffic counts are = 18 available from the Department of Transporta- 19 tion in Suffolk County, but I also would 20 like to ask you to check the date when these 21 maps have been updated, very carefully, 22 because I do know from experience they have 23 not been updated sometimes for six or seven 24 years in certain areas . C�. 25 So if the traffic counts are 4 _ a - 1 61 2 submitted, sometimes these are taken from s accounts that are quite old. 4 I also received maps from Suffolk 5 County Planning and you can get the maps 6 there, but in certain areas you have to 7 really watch the dates of when they are 8 being updated, and sometimes it is six or 9 seven years they have not been updated. 10 I have been working as a broker with these 11 quite frequently. 12 If I may address the comments . I 13 think you are alluding to the development 14 east of this parcel . 15 MR. DINIZIO: Yes . This letter . 16 states that when that parcel opens , a three 17 light traffic signal will be r4quired at - 18 that intersection. — 19 THE CHAIRMAN: You -are talking about 20 Manhasset Avenue. 21' MR. DINIZIO: No. The other inter- 422 section of Route 48 and State Road 25 . r . 23 THE CHAIRMAN: That,is what this 24 letter states . in this letter was 25 back in '88 approximately, it was, when we : t s � 62 2 received it , and they are going to be re- 3 quired to put that light in. 4 MR. TSUNIS: I think that could only 5 enhance this particular project . 6 MR. DINIZIO: I don't want to enhance 7 or do anything to your project . All I am 8 stating is that this letter exists , and I 9 fully intend to see that the traffic study 10 in your site plan, the site plan that was 11 approved, if that was taken into account. 12 MR. TSUNIS: I honestly don' t know if 13 it was or wasn' t . 14 MR. DINIZIO: I intend to ask that 15 question. I just wanted you to know that 16 question is going to be asked. 17 MR. TSUNIS: I would su4gest to the - 18 Board, it can only enhance this project 19 because of that installation of that light . 20 But I would also like to add that any traf 21 fic from that parcel would have to go west 22 one time or another, whether or not my 23 project exists . 24 So whether they stop at Greenport 25 Commons or downtown Greenport , or Southold, c 1 63 2 I don' t think would matter to this 3 particular project. They would have to pass a by this project no matter what , if they are 5 living east of this project . 6 MR. DINIZIO: That was not my con- 7 cern. I just wanted to enter this letter. 8 MR. TSUNIS: I would like to get a 9 copy. 10 MR. DINIZIO: It will be part of the 11 record. 12 MS. HAMILTON: Joan Hamilton, in 13 regard to Mr. Tsunis ' dollars and sense and 14 what he does if this doesn' t go through and 15 he chooses to split up these pieces of 16 property. 17 I am a licensed broker. { My office = 18 was approached by Mr. Tsunis ' office to come 19 down here and speak on his' behalf . No one 20 in Greenport would do it . They .had to qo as 21 far as Riverhead to speak on his behalf. 22 I also think , dollars and cents , that 23 lot was sold for $35 ,000 . . . he better qo 24 back to the group Board and -come up with 2s better numbers because better numbers ' do t 64 C2 exist than the numbers he gave tonight. 3 THE CHAIRMAN: Before we close this, 4 I have to ask Nancy a question. 5 It has been my interpretation, Nancy, 6 in dealing with the SEQRA process , SEQRA 7 usually runs laterally with a project. In 8 other words, they run parallel . 9 It is really' a two part question. 10 1 . The statement . I have a problem 11 in dealing with the SEQRA process on this , 12 until we actually make a decision on the 13 rezoning action, unless you can clearly 14 define for me, at this particular time, what 15 developing areas except for traffic, you . 16 feel the project should have an effect upon. 17 You refer to 'the character of the = 18 neighborhood. Are you referring to other _ 19 specific areas? 20 MS. SANACTYNOWICZ : All the impact on 21 downtown Greenport . 22 THE CHAIRMAN: Any point in question? 23 Is this a learning experience, because we 24 have never requested DEC in a Use Variance 25 hearing to my knowledge. 65 2 I stand before you, ten years on this 3 Board. I can tell you we have had between 4 six and seven Use Variance hearings , one of 5 which, to my knowledge, this Board has 6 granted and that was over on Young Avenue and County Road 48. That is , to my 7 8 knowledge. -. 9 So, at this particular time, you are 10 requesting this Board to go back and review 11 the SEQRA process and establish the pos- 12 sibility of running laterally with this 13 hearing a DEC statement? 14 MS. SANACTYNOWICZ : It wouldn' t hurt . 15 THE CHAIRMAN: I just want to ask 16 you, is that what you are suggesting? 17 MS. SANACTYNOWICZ : Yes :! _ 18 THE CHAIRMAN: All right .. Because I 19 would have to review this with the Town 20 Attorney at the same time. That is basical- 21 1y where we are at this point . I don' t want 22 to sidestep any particular issues , at this 23 time. 24 First of all , we have no knowledge of C' what these gentlemen intend to 25 present to us 1I , . 4 1 66 2 prior to this hearing. So I had no idea 3 what was going to occur, and that's basical- 4 ly the issue. 5 There was a question from the lady in 6 the back. 7 MS. WADE: A friend of yours called 8 me at the real estate office I work for a 9 couple of years ago, after you bought the 10 property, and said, "I am going to buy 11 commercial property on the North Fork, 12 because a friend of mine got this property 13 really cheap. So I want to put in a strip 14 mall . " It was just a little . . . 15 THE CHAIRMAN: Hearing no further . 16 comments , we will recess the hearing and 17 resume at the April '19th hearing. We would - 18 appreciate it , as I mentioned, if .you would = 19 give us a call around the '15th to make sure 20 we are on. We will readvertise, even though 21 we are not required to. If' we recess 'to 22 that particular day, we definitely will do 23 that . We have all the input . 24 We will discuss the SEQRA issue with 25 the Town Attorney. Around the 5th of April i • y; ti M 67 2 or so we should have the transcript . so if 3 you want copies of the transcript , we will 4 have copies to furnish to you. 5 MS. SANACTYNOWICZ: One more ques- 6 tion. Why .masn' t the environmental assess- 7 ment ever done anyway? 8 THE CHAIRMAN: I believe there should 9 have been a short form done. We have one in 10 here. The date on it is 1/30/90 . 11 MS. SANACTYNOWICZ : Thank you. 12 THE CHAIRMAN: Again, making the 13 motion to recess the hearing to the next 14 regularly scheduled hearing which is , we 15 assume to be, April 19th. As I said, please 16 bear with us . . It will be based upon when I 17 receive the transcript , when w� review this = 18 with the Town Attorney, and when we can 19 reschedule it. It may be :one week later. 20 Thank you all for the courtesy. 21 (Time noted: 10 : 40 p.m. ) 22 23 24 25 1 68 C2 3 4 C E R T I F I C A T I O N 5 6 I , GAIL ROSCHEN, do hereby certify that 7 I am an Official Court Reporter and that the foregoing 8 constitutes a true and correct transcript according to 9 my official stenographic notes . 10 GAIL ROSCHEN 12 Official Court Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEALS BOARD MEMBERS = s SCOTT L. HARRIS Gerard P. Goehringer, Chairman ��,' +r . `�,- Supervisor JN Charles Grigonis, Jr. Serge Doyen, Jr. i<< Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to the Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Special Meeting, at the Southold Town Hall, Main Road, Southold, NY, 11971, on WEDNESDAY, MAY 30, 1990, at the following times: 7 : 30 p.m. Appl. No. 3920 - A. LIDS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct deck additions. Proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. d Page 2 - Notice of Hearings Southold Town Board of Appeals Special Meeting of May 30, 1990 7 : 35 p.m. Appl. No. 3933- PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard area. Fence in the front yard area not to exceed 4 ft., in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7 : 40 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, Area and Parking, Article XXIII, Section 100-239. 4, building setbacks from water or wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 7 : 45 p.m. Appl. No. 3895 - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of the building inspector for change of use of land and existing building without obtaining a certificate of Occupancy. Property location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. � M Page 3 - Notice of Hearings Southold town Board of Appeals Special Meeting of May 30, 1990 7:50 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III 'A, Section 100-30. A. 2 (Article XXV, Section 100-253 A) , as disapproved, for permission to construct a retail/office complex, proposed construction is not permitted in this R-40 Zone District. Property Location: 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Block 03, Lot 01. 7: 55 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to (Road, e Zoning Ordinance, Article VII, Section 100-71, as sapproved for permission to construct office and retail ores. Proposed construction is not permitted use in this strict. Property Location: 1000 Main Street and 160 Main Greenport, County Tax Map No. 1000, Section 34, Block 2,t 1. The Board of Appeals will at said time and place hear any -and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated May 21, 1990 BY ORDER OF THE -SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER F CHAIRMAN By Doreen Ferwerda t q S N�,ti APPEALS BOARD MEMBERSq SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Su`{ ` " �- p Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVE, pursuant to the Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY, 11971, on WEDNESDAY, June 27, 1990, at the following times: 7:30 p.m. Appl. No. 3949 - FRANCES FRISBIE. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33) , as disapproved, for permission to construct an r accessory building in the front yard area. Accessory buildings may only be located in the required rear yard. Property Location: 8050 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 118, Block 5, Lot 2.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 7:35 p.m. Appl. No. 3948 - MGH ENTERPRISES, INC. - ORIENT BY THE SEA. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C:9 (e) , as disapproved, for permission to construct an off-premises sign. Property Location: 66040 North Road, Greenport, County Tax Map No. 1000, Section 40, Block 04, Lot 01. 7 : 40 p.m. Appl. No. 3947 - JAMES MARK. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , Article XXIV, Section 100-244 B, as disapproved, for permission to construct an addition to a one family dwelling. Proposed construct will have insufficient front yard setback. Property Location: 450 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 37, Block 1, Lot 18. 7 : 45 p.m. Appl. No. 3946 - MATTHEW KAR. Variance to the Zoning Ordinance, Article III A, Section 100-30 A. 3, Article XXIV, Section 100-244 B, as disapproved, for permission to construct an addition to a one family dwelling. Proposed construction will have insufficient rear yard setback. Property Location: 155 (Pvt. Road #6) Birch Drive S, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 4. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 7: 50 p.m. Appl. No. 3944 - ANTHONY MERCORELLA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct a two car accessory garage in the front yard area. Proposed construction only permitted in the required rear yard. Property Location: 2260 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 04, Lot 04. 7 : 55 p.m. Appl. No. 3951 - JAMES, PETER & CHRIS MESKOURIS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIII, Section 100-239d A. ( 2) . Proposed construction will not meet side yard setbacks and will exceed the permitted lot coverage and will be within 100 ft. of the ordinary high water mark. Property Location: 1350 Sound Beach Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 36. 8: 00 p.m. Appl. No. 3952 - BRUCE & TERESA BLASKO. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B (14) , for permission to have an accessory apartment. Proposed accessory apartment in an existing one family dwelling will contain less than 1600 sq. ft. of livable floor area. Property Location: 23 Middleton Road, Greenport, County Tax Map No. 1000, Section 40, Block 5, Lot 9. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 8:05 p.m. Appl. No. 3950 - JACQUE KASABA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33) , Article III A, Section 100-30A..3, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to dwelling and accessory pool. Proposed accessory structure not permitted in the front yard area and proposed construction will exceed permitted lot coverage. Property Location: 80 Lakeside Drive & 675 Cedar Point Drive, Southold, County Tax Map No. 1000, Section 90, Block 3, Lot 14. 8:10 p.m. Appl. No. 3953 - PETER & CHERYL INZERILLO. Variance to the Zoning Ordinance, Article Ill A, Section 100-30 A.3, Bulk, Area and Parking Regulations, as disapproved, for permission to construct a deck addition to existing one family dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Property Location: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 01, Lot 17. 8: 15 p.m. Appl. No. 3831 - RALPH & PATRICIA PUGLIESE. Special Exception to the Zoning Ordinance, Article III, Section 100-30B (14) , for a Winery for the Production, Storage and the Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 Appl. No. 3953 - RALPH AND PATRICIA PUGLIESE, continued Retail Sale of Wine. Property Location: 34876 Main Road, Cutchogue, County Tax '.Map No. 1000, Section 097, Block 01, Lot 12.1. 8: 20 p.m. Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243 , Article XXV, Section 244, for permission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mattituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. . 8:25 p.m. Appl. No. 3915 - JORDAN' S PARTNERS. VarianceJ2, the Zoning Ordinance, Article VII, Section 100-71, as disapproved, for permission to construct office and retail stores. Proposed construction is not a permitted use in thi District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 0 f 1. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated June 19, 1990: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda APPEALS BOARD MEMBERS � ';: , SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. �' Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLt TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, JULY 25, 1990, at the following times: 7:30 p.m. Appl. No. 3954 - PHILIP SALICE. Variance to the Zoning Ordinance, Article III A, Section 100-30A. 4 ( 100-33) , Article XXIII, Section 100-239. 4 B, for permission to construct an accessory shed and deck with gazebo. Accessory shed is less than 3 ft. from a lot line, gazebo is located in the front yard . and gazebo and deck are less than 75 ft. from the bulkhead. Property Location: 1945 Bayview Avenue, Mattituck, County Tax Map No. 1000, Section 106, Block 06, Lot 37. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 25, 1990 7:35 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, for permission to subdivide a non-conforming lot. Proposed construction of new lot will have insufficient width, depth and total lot area for this district. Property Location: Private Road of Fox Avenue, Fishers Island, County Tax Map No. 1000, Section 06, Block 06, Lot 07 . 7: 40 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, Article XXIII, Section 100-230 (A) , Article III A, Section 100-30A.2 A(1). (100-31A) , for permission to construct an addition to existing one family dwelling. Proposed construction is not a permitted use ( 1)_ one-family detached dwelling not to exceed one (1) dwelling on each lot (a two family dwelling is not a permitted use) . Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37 . Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 25, 1990 7: 45 p.m. Appl: No. 3956 - LlOYD GATES. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to Occupy and use as a Billiard parlor for commercial recreation. Property Location: 46250 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7 . 7: 5-0 p.m. Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243, Article XXV, Section 100-244, for permission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mattituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 7:55 p.m. Appl. No. 3915 - JORDAN' S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved, for permission to construct office and retail stares. Proposed construction is not a permitted use in this 1 District. Property Locations: 1000, Main Street and 160 Main 1 �i Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 25, 1990 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated July 17, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . .,<. .�. . . . . . . . . . . . . .. 19 To - PLEASE TAKE NOTICE that your application dated . :rg, • , , • , , - • , • . - . • 19 8�. . P • �. . .'3 `�:t • • am¢. . . . . . . . . . . . . . . . for permit to . . . . . . at Location of Property . ./�a a, • House No. . . . . . . . . .Streer . . . . . . . . . . . / County Tax Map No. 1000 Section . ... . . . Block . . R. . . . . . . . . . Lot . . . . . . . . . • . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . . is returned herewith and disapproved on the following grounds . �� • •�� � .^ . . . . . . . . . . . . . . . . . . . . . . . . . . �. ` . . . . .� - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bu i -3� ' i ing nspector RV 1/80 B.O.r1l. ;UF HEALTH ✓. . . . . . . . . . . 3 SETS. OF PLANS . . . . . . . . ... . . FORM NO. 1 SURVEY . . . . . . . . . . . . . . . . . . . TOWN OF'SOUTHOLD CHECK . . . . . . . . . . . . BUILDING DEPARTMENT SEPTIC FORM . . . . . . . . . . . . . . . . TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY p �o TEL.: 765-1802 CALL . .pl,'." 6,¢,.P�? Examined . . . .�. . . ., 19 .1 MAIL TO 0 .JaR�4.u.s i'.1�aT us Approved . . . �9 PP . . . . . ., 19 . . . Pen-nit No. . g. . . . . . 1 /70�b/Z Disapproved a/c /V y" cfS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./. . . . . . . . . . . 1' L (Building Inspector) +LTO'WBN 1 f �r� APPLICATION FC 21J5 7 PERMIT Dat/7� . . . . . . . . . . . ..=LDG .HOt_t) INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of cation. property must be drawn on the diagram which is part of this appli- ca 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 issued a Building Permit to the applicant. Such 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ReExulations, 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, housinti code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. JORDANS ,PARTNERS (Signature of applicant, or name, if a corporation) 801 .Motor . Parkway ,. .Hauppauge ,. .NY. 11788. (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 . , JORDANS_ PARTNERS. . . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. (Name and title of corporate officer) Builder's License No. ... . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . ` Electrician's License No. Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed v:ork will be :lone. . . . . . . . . . . . , ,Main .St. & .�:.,Greenport . . . . . . . . . . . . . . . . . . . . . . . . . Greenport House Number Street. Hamlet . . . . . . . . . . . . County Tax iNlap No. 1000 Section . .34. . . . . . . . . . . . Block .? . . . . . . . . . . . . . . . . Lot . 1, . . . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . ..... . . . . . . . . . . . .' . . . . . . . . . . . . . . . . Filed Alap No . . . . . . . Lot . . (Nvne) . . . . . . . . . . . . . . State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existinb_use and occupancy . . .. .Var—ant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy Stores. . . . . _. . . 3. Nature of work (check whic', __lplicable): New Building . . . .X. Audition AUteration Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . •Other ftrk . . . . . . . . . . . . . . 4. Estimated Cost . . . .$.9 ,000 ,00. • , • , • , • • Fee . . .�5. 700. 00 (Description) . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) S. If dwelling,.nurnber of dwelling units . . . . . . . . . . . . . Number of dwelling units on each floor. . . . . , Ifgarage, number of cars . . . . . . . . . . . . . . . . • • • • • . . . 6. If business• commercial or mixed occupancy, specify nature and extent of each type of use .Retail•&•Office - 7. Dimensions of existing structures, if any: Front . . .. . . . . . . . . . . . . Rear • • • • • • ' ' ' ' ' ' Height . . . . . . . . . Number of Stories Depth . . . . . . . . . . . . . . . • • • • ries . . . Dimensions of same structure with alterations • • • • " " " " • ' • • • • • • -or additions: Front Rear . 8. D mensions of entire new construction: Front . . .4,32 ' " . . . ' ' ' ' • • Number of Stories . D . . . . . , , • , - , Height • .17'6... . . . . . . . Number of Stories '1 . . . . . . Rear . .432 :3". . . . . . . Depth .143. .� . . , . . 9. Size of lot: Front .4 9$.' . . . . . . . 6 2 6 �f : . . . . . . . . . . . . . . . . . . . . . . . . Rear . e e t• .Depth 3 43 10. Date of Purchase .F.�l?Iua.ry, 18•,• •1988. . . , • • Name of Former•Owner Mesas-kos • • • . - • - • • . . • • • . • •11. Zone or use district in which premises are situated . . . . . . . . .ZONE.B , .Tsaveros, .et.aa. . . 12. Does proposed construction violate any zoning law, ordinance or regulation:. • ,NO • • • • • • • ' ' 1 Will lot be regraded . . . . Yes . . . . . . . . . Will excess fill be removed from premises: Yes •' �No 14. Name of Owner of premises .JO$I)�I�[S 'P 1RT�iER,S; , , ,;Address HAPPAIJQF,,NY , phone No. (516) 4QQ�F' Name of Architect ROBERT, GRUBER , Address WE 9F Dj .NY . phone No. (516).;b5�+=4949 Name of Contractor TSUNIS ASSOCIATES . . . . . . , Address WPPAU6E t IVY. . . . • , phone No. (516) -582-4000 15 .Is this property located within 300 feet of a •tidal .wet•land? *YES.• - . .NO. .$ - *If yes , Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. (SEE SITE PLAN) STATE OF NEW YO��`��G� S _ COUNTY OF . ?� T PP • • • • • • • • • • • . . . being duly sworn, deposes and says that he is the applicant (Dame of individual signing contract) above named. Ile is the . . . . �^GN�. . . . . . : . . . . . . . . . . (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 arc true to the best of his knowl/unDtChel, work will be performed in the manner set forth in the application filed therewith. hat the Sworn to before me this . . . . . l v . . . . . . . . . .day of. . . . 1 \otary Public, . . . �f . . . . . . . . . . . . . . . . . County Q licant) • 1 _ II 31Io16 TOWN OF SOUTH OLD, NEW YORK ( 1 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. a, rel � � DATE ...............:.............. ,QN Td TAH"ONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ��O�S.AX.I S PARTNE)�S..............................of ...8.Q1..MO'�RR..P.ARKWAX....................................... se"tholkName of Appellant Street and Number .HAUPPAUQE................. ........ ...................................... ......NEW..XRRK......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..1.8187...Z.................... DATED ...Nuns..S,..Z9S9........................... WHEREBY THE BUILDING INSPECTOR GRIMEIMM revoked Drior Building Permit as issued in error by StoD Work Order dated 11/30/89 (see letter attached hereto). jQRPAN.'.S..P.ARC'NRRS......................................... Name of Applicant for permit of 801 Motor ParkwayH e e o 11788 .............................. ................auP.P.qj=................h'.q..X..1:k............................... Street and Number Municipality State (X ) PERMIT TO USE ( ) . PERMIT FOR OCCUPANCY 1: LOCATION OF THE PROPERTY 1000,Main„ t<xeet=„gnd„16Q„Mg n„ ogd-ate;, 25-Greenngrt, NY Street /Hamlet / Use District on Zoning Map District 1000 Secti on.;034 Block 02 Lot Ol .Current OwnerJORDAN'S PARTNERS & PANI'ELIS PAPAZ09IJi1 Map No. Lot No. P r i o r Ow n e r JORDAN'S PARK PLACE, LTD. and RANI . al 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Vll Section 100-71 3.. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous AppeW (bea) (has not) been mode with respect to this decision I! of the Building Inspector or with respect to this property. I. Such appeal was ( ) request for a special permit ( ) request for a variance / .and was made in Appeal No ................................Dated. ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A.Varionce to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the applicant will be unable to yeild a reasonable return inasmuch as' the purchase price paid for the land was based on an appraised value taking into consideration" the fact that the' land was (then) zoned for Business Use. Additionally, site plan approval had 'been obtained for a proposed Shopping Center and substantial time and money have been invested in pursuing the develop— ment of a Shopping Center at this site. Finally, a building permit was issued and construction of the center has- commenced. 2. The hardship created is UNIQUE and is not shared by all 'properties alike in the immediate vicinity of this property and in this use district because this parcel is the only parcel in the immediate vicinity that had been zoned for business use and was subsequently changed to Resident/Office use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the parcel is located on the corner of a major intersection (State Route 25 and Main Street) with an already heavy traffic flow. Porky's Restaurant is directly across the street from the proposed center and is a high volume landmark restaurant with substantial patronase. Additionally. the architecture of the center 'will blend in well with the surrounding area. In fact, a center near.l.y.._identical in style developed by the applicant's principal in Mt. Sinai was. the recibient of an historical society architectural award for design excellence. STATE OF NEW YORK ) ss ............ ... ........... ....................... COUNTY OF ) Signature Sworn to this ........3 V ........................ day of.... .................... 19 Tu .............................................. ®EBRA SANGERliYO Notary Public Notary Public,State of New York Igo.4885588 Qualified in Suffolk County `\ Commission Expires June 20,18_v A -2 Y TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT =ORMEr7 OWNER. N r t ;7 E ...,:. ACR. W TYPE OF BUILDING ES. SEAS. VL. 3 FARM COMM. CB.. MICS. Mkt. Value �' << LAND IMP. TOTAL DATE REMARKS n a i r AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre 'illable FRONTAGE ON WATER kodland FRONTAGE ON ROAD 1 leadowland DEPTH 6 douse Plot BULKHEAD "otal` DOCK TOWN OF SOUTHOLD F ��ERTY RECORD CARD I OW�DdE#�7 STREET VILLAGE DISTRICT SUB. LOT FORMER,Ov`�NE N 1 E ACREAGE TYPE OF BUILDING RES. SEAS. VL. �I FARM COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS J• / �l cJ'�,.•'" �'� ��,,':j K�'^f��: ") I I ��.�.:`1i01rJ ��� 4'�� —2 A •'9C.���,-/. - ( V Q C� C� ! 1 - )ram �!�d_ ��2A�5`,� 1 `r f(.- F`/�P"j %VI-11)41 � 3`�-G ✓ _ /�+l'� f"'�(J� 24 Sj<n L10 s l .AGE BUILDING CONDITIONJl• = r i OR — t NEW NORMAL BELOW AB E FRONTAGE ON WATER ' P Farm Acre Value Per Acre Value FRONTAGE ON ROAD I Tillable I BULKHEAD Tillable 2 DOCK Tillable. 3 Hoodland Swam land - 3rushland - douse Plot r 1. Fotal -OUNDATION ( 1 s t ) C� r m'OUNDATIOtd ( 2nd ) _ _ C z � o TOUGH FRAME & s •PLUMBING 4 (n ' y � 3 . m r•� _LNSULATION PER N . Y. STATE ENERGY CODE 4 . FINAL d O ADDITIONAL COMMENTS : x a� x 77 O .7 V J y � -o .. H Icis the . . . . GN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ (Contractor, agent, corporate officer, etc.) ' ' ' ' ' )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and . •pplication; that all statements contained in this application are true to the best of his knowledrSignarure file this 'pork will be performed in the manner set forth in the application filed therewith. the worn to before me this . . . . . .day of. . . . 19 .� ,blic, �,/�Jero . . . . . . . County "Q �' Nb" • . • . . . nt) FORM NO e TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING.PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N2 18187 Z Date ........... ..��:41.�..7...................., 19.1 9 Permission is hereby granted to: ....... ..... . ... .... .................. ' �P........ , ..i...!4�.:. ...!...'7.8 ............ .S J�,.. , ! LJ3.r1Jc.i.�. �a to .. .....,. ... ... �,..�.�... :.......... .. ..... ... .................................... ... `''`................................................................................................................................ at premises located at ../..AAA... Q;, ;,1i-,.,�_( .D._...1! ct.,�.. ........ .................................................................:J .......................... 7s............................................ ................................................................................................................................................................. County Tax Map No. 1000 Section .......C.AJ....... Block ..... ........ Lot No. ............. qq GG � pursuant to application dated .................. .... . . ......1...................., 'approved by the Building Inspector. ector. p Fee :.. ... .......................... .................................................. Building Inspector Rev. 6/30/80 .F. r r - i02. - F'•r - .5Al .,'�i.�� ..S 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD _� 4 rdt OWNER STREET ; VILLAGE DIST. SUB. N LOT ORMER OWNER- � ly � E ACR. W TYPE OF BUILDING - RES. SEAS. VL. 3 j� FARM COMM. CB.. MICS. Mkt. Value i vn�y, �d'do ND " IMP. TOTAL DATE REMARKS a l► 4SI - I Z AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable; . . . FRONTAGE ON WATER .Woodland . FRONTAGE ON ROAD Meadowland DEPTH House Plot-,,..:.,, BULKHEAD , DOCK . 1� ]f' .y.t )G J �'Jr•:vt. - �`y(;.y '�• (. l,'-�r:`.iiv..�Y � .,�a.. rlLti'. ':�♦ __-•�.� v�,.'- YS•'-)f �I" �G�i�r — _i -F J. .L, f. r,el'-.•_ _�4::: �-•,.?:i'1.:• •V_�:'•: v!T. _-,.. :�" .ci, .:'E. .^"; - `+i1:1-... a.'a:-��II��_ r�e�^ ,:�.: � •.e^•,;� ":1'i.: ,�tr�_ rt n-".,?F - ,`x--.. •', �7"�.,f:. °.�F'-:� a;T r•-,. ..•P{.;:;•'-fr'-i"-.e!�`'a. d:, :J.'••�4;�e �,�'[f�'r�i^r'..' Y .tie __ _ _ �ji+{, ���'S�r1•�n;�',��^�Z. tip, :h� .._��-�.'•-li 1�_. �1. p1:'. -_ rl�'y..,..�'+kY, r°3h!` ��( �tV'-1`;p����` ''Y `t' ,•;,y��,, �0. YSr-t-..�[!•r V9 S��S� py,: ��� t��¢ •�� _ �'-,r.'i n :3�':F�J��__ •[. J ••� :� � �3 _. .:�: - ..:. N --:OF�_ SOUTI-IOLD�,p�tOPERTY:�:RECORD= CAR���- - �� ,_ • OW �;, ;> STREET. r ='� :< r _: s, i:,:'A _ 4 VILLAGE :rN•. I k.. �� .'�. 'f �� �.� _,... ��=.� - D STRICT': f:�SU6.'• LOT;;'' >J-I ,-• r p" 4' .�. •Xael:ety:. ;H:�. t i' ��"ry .�:'F".-'ry.�ijf;•r °'..~i`'1,1. ..tr.sy. ,.rre.�• ,.}�ti ,7 *.'�_• o � IiTrF•Yi•L':y, FORMER E •. r *:: >:, Y s ; l� �0 .. ::.:r�..c�:�. •,� N E f ',ACREAGE • : _-, . c ._ 4.'= S• `.t a f 'ra t aft. +]y. t ':+ . e S °.Li !`.0. �+.V!�S.` /�.iTJ2G/�.•i ~ ,, +}f�.. :/ ';.]�'F) I._ybcC� ti a 7..- �,.. �./^ '": `"' W ' i z: TYPE OF BUILDING.. RES. Nn SEAS. •s' - _ i' VL.: FARM MIS r C. Est.- t. Value Il LAND IMP. r -TOTAL DATE REMARKS ,� 51, _ Q 14 7/1 j4fiG _ / i - ,'Kn:;:• ice:. '91V �- 0541q �2 ZG`rJOsaD -s-1a56r �s ark�Pl4ce�+�o'�3 3 AGE.: . �' BUILDING CONDITION 0 a�S '�U Jbr n PK PC ::.. . NEW NORMAL, BELOW AB FRONTAGE ON WATER . Farm Acre Value Per Acre Value FRONTAGE ON ROAD "' 3 .a`J✓Y _ Tillable i , } - BULKHEAD r T r _ y 5. •, _eyf i'- }.�. ? ,,.e .Tillable' 2; 1 - _ DOCK •Tillable 3 5.•, :� SGl-)6.v'.1h ' Woodland Swamplarid Brushland'L.11- _ e 3� y; ,_ >--xs 4 d :✓-me .J - i +t- ,•: - _.�r- .ra-„ House Plot` „. , _P` �`( f: 1.h:h Y :ram,. /~ '/ § z 5, ,r: J' ti•�;�.,::��.•i:, .. ��:''.1'I ) r 1 t.. A. „!.' :l::i•': ...L, f _ .:..t, mot• _ '}', �6"�.. {,,!'3'�t"�.•Y'�`:.\,.: '•ems_��..t*wr .,.r"`l I ':.41`u -��.• i',T fl ?�n�l,z,',»-`er'tj).,'Y1"�} ;''.>,�.•`RiS!-x•' ili ri•�w.1'�i y e ft ���tr,�'i3.�?•-. l .r .�.r �)_` T el.}.IJl•C1i::,•✓=."1{¢. '."�':�•,��::-$ .s:,R 4 �+.. • �r [Total '� ..M•.. '•:�:' `X.,•j.w is .;?,).. a .� -C`,"1 Mob ber - Arch L c -n -'-wcy f)-ilve. So. Marj�otdl' 'N.Y. :5 JUN 7 June 7 , 1989 BLDG DFpT WN OF SOLIT Town of Soathold Building Dept. Att: Curtis Horton Main Rd. P.O. Box 723 Southhoid, N. Y. 11971 Re : Greenport %20=011S Main St. & North Rd. Greenport,N. Y- D&,ar MIr. Horton; letl— is 4-o conE:Irm� my telephone coversatJon I y o u rIagard to the above referenced project. revi--.Lng mrie Iding plaris to include const- A F -ed at a. �OUt' ,o ate 1 o c'N fire wail 1da -�oint. Revised b,,aildtinq plaris o zr-d expansion a ,•r1I f 0 11 ov". vc-.ry t.r3ly yours ; c Rc ert J. Gruber R.A. TSUNIS ASSOCIATES, INCH 801 Motor Parkway HAUPPAUGE, NEW YORK 11788 All- DA;( //r JOB NO. (516) 582-4000 ATTENT Ar R � TO � E:J D� �CC,v cm WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings 7C Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION L? SI,S o GAof 37,7tzov THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKSO4 fit...• srp0 C. ♦L l /�1.. d... COP TO' 3LDG. DEPT. TOWN OF SOUTHOLD SIGNED: rxooucrnaz Jn E iK,c,amn wa Dian. If enclosures are not as noted, kindly notify us at once. r ... .. 11JG /.0 fi/iJLJ /1J .f/. is V uCG/' v.. .r.• - w �.. ... �. i . v• . .� . .... L� s.f . x r _ tC�:D 1 - 524 c.,F 3CAP.IWr 2275 .36f-in 1 RRO roTAt s:TOR Cc Q'n 58.,2 .,r a� 8.5. v.F . C.A. VIDED S,►.. k ; . USE� : .� . •POdL /O � . x 9 -6/(o C. DEEP .:= 9 �F _ { PA-vvf r 1 .1-33 s r x . ��7 x i C1 i 7 2.3 c.f, . Roof 9 570 s F x . /7 x �ao1. _ /627 C,F. t1AY 18 IQ d j ro rAt s7Tok.�40E ZSO D = 3350 c,F. co 48.9- y F. f .. USE 7 POOLS za.. Ql x . 7 ' _,0e&P _ 49 v F 335.5 C,r PcoMMmXD T } AZEA !� P.AVE745Mr /0,70/ s,:f. . .x ,./7 X /00 % s I819 c,F �e�oof /2,to 90 s,F x 7 x iQfl 1 _. 2/5 7 C.r ArorA : sroR; E ,e€Q': = 39 7,(o c.F t. U5E B -POOLS !0' x 8.1 I EP o f _ 4 3 7 9 c.t' Rwo-ili0E13 I p1�--BOAnr� P- • FxE�rr i1; 531 `3.F x . 1.7 _ 19�a c.f ,2 F 8,,2&0 �.f z .l7 x /QD % 1404 C,,= I TOWN OF SQUTHOLD TorAL. S7'DRAGE READ = 33(&4 f,F. E 7 PPOt.S 70 8 A ,DEEP = Slo. klor a 3832 C,.F i' ROYJ,0 0 _ 198 ' REV 5- 2-7=8� RSV .8.- 2� -B.Lo 0 30 (20 RE V:-8..'/Z -8 a - 100 sF ZEV. A _ IOU 25- STALLS SCALE : I " _ O' REV Co ~ /7- 66 SF17...=. ?8. .57ALC5. 2,a3' ST.4LLS . S.uFF. Ca- TAX TRAP No. 1000. - 34 - 2 - 1 PROP05ED OFPME eErAAL .-COMPLEX ' ��E� ARL,y ^ . . E.E7V PO T /� Lam.. P.M %Q ST - - �\co O��X1°�RT._ . � J. UR FR S �? o� GB F - APPHO.VED VY: C DRAWN gY SAID. r.' ATE- 4- 2"2_Q�: REVISED Robert J. G:rube-r - Rrchit 't - } \��, �357 L17(� FYnrn.ccrllnll f�rive So. MedFord, N.Y. 11763 516-654-4949: `'. ~r FORM NO.S TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE , SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . �.,<. .�. . . . . . . . . . . . . .. 19 TO . . . . U PLEASE TAKE NOTICE that your application dated 9. . . • , , , • _ , , • • • • • •, 19 �. L'��; i�e �. . . ! . . . . . . . . . for permit to . . . . . . . . . . . . at Location of Property • • �House No. eer Haml County Tax Map No. 1000 Section . . . ... . ... . . . Block . . P. . : . . . , • • . Lot . . . . . . . . . . . • • • Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . . is returned herewith and disapproved on the following grounds . �� • •��G .^ . . . . '24. . .44ei . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . • . . . • . • . . . . . . • . . . . . . . • • . . . • • . . . . . . . • ♦ . • • ♦ . . • . . . . ♦ . . . • . • • • • . . . . • • ♦ . • . . • . • . . . ♦ . • . . . . . . . . . . . • • . . . • . . . . . • • . • . . . . • . • . • . • . . . . . • . . . . . . • • . . • • . • . • . • •� • • • • . • '' Bui�.fling nspector RV 1/80 TOWN OF SOUTIIOLD 'uUILDING DEPART�I�IENT SOUTHOLD, NEW YORK STOP WORK ORDER jI! ' TO: Own 9Owner's Agen or Person Pertorming �Vorx) Adnress of above-named person) C YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: �l a� S '.G (Aaaress wnere work is to be stoppea) TAX MAP NUMBER Pursuant to .section �Q_� ;/�- 1 of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: z _Z7 00, AZA�26' r CONDITIONS UNDER WHICH WORK MAY BE RESU�LMED: Failure to remedy the ctinditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: IIU �LDINqINSPECTOR / CODC ENFORCEMENT OFFICER o •ja 4 Fill VICTOR LESSARD Town Hall 53095 Main Road g PRINCIPAL BUILDING INSPECTOR "' rfi P.O. BOX 1179 i g'; (516)765-1802 (' ` �;: "' Southold, New York 11971 „ FAX(516)765-1823 ;,, •°;_'s rr'ti.ya j�—�� OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD STOP WORK ORDER TO: JORDANS PARTNERS 801 MOTOR PARKWAY, HAUPPAUGE, N.Y. 11788 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1000 MAIN STREET & 160 MAIN RD-Rt. 25, Greenport, N.Y. TAX MAP NUMBER 034-02-01 Pursuant to section 100-282-B of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Permit was issued in error, Zone was changed by the Master plan from a B zone to a Residential Office Zone. Office and retail stores are not allowed in this zone. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: Work may be resumed as soon as this zone change is resolved ty the Town Board and okayed by the Planning Board. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offene '•punishable by fine or imprisonment or both. DATED:NOV. 30, 1989 CURTIS W. HORTON SENIOR BUILDING INSPECTOR S Iri,I V-3 Town Hall. 53095 Main Road cE3t_G Eq}t:�7 P.O. Box 1179 �..�:.,. �.._ /1 t� ,. Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM INTEROFFICE MEMORANDUM - CONFIDENTIAL TO: James A. Schondebarer Town Attorney Victor Lessard, Principal Building Inspector ✓ FROM: Valerie Scopaz, Town Planner �5 DATE: November 30, 1989 ` RE: Greenport Commons The Planning Board has been informed of the decision to revoke the building permit for Greenport Commons. They are in complete support of that action. The Board's position with regard to Section 100-11. C. is that the site plan approval is not. a rule, regulation or a permit. The change of zone by the Town Board overrides the site plan approval that had been granted pursuant to the prior zoning designation. I am in agreement with their position. The understanding is that the permit was issued in error. The Planning Board' s site plan approval had been invalidated by the Town Board's action in adopting the new zoning classification of Residential Office for the subject property. �::#. +�? ,y... .. ;:�^' {g ;,� � ` _ � �#� { �� , ', // / - I� Q:,,, , � ` � t �.M� � / �- ,.:r ,� I ,r �: '. i ';� � '" ,. ! / � / .- n � r �. . . ' .�t� .x i � / ,' j' L�, Y[f /,/ / � �-� / .�! ._... _ '- , �._ ` � � +�Y _ i . 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'S as�opua'aassa� e a '01011Ue a4110 lual 841 do Aa3A1130 03101kI1S3H PP 41)o lua6e pazuoyine ue oI jo'aassajppe 941 01 PalolJlsaJ AJanpap luem noA 11"Ja q 031.MwH 1d13031!Nunau al0!Ue 10 1004 asJopu3 'able 10>l0eq o1 x e Uasynve 10-*s!W aad coeds 1!spue pawwn6 04110 sueow Fq ala!Ue a4110 luwl 941011!y0ege pue' C 410-'silty wnlej a uo ssaJPpe pue aweu jnoA pue jagwnu pew pa!I!Uao 041 al!jM'ldiomi uwnia We iuere 60411 E a10!Ue 941 11ew pue'Idlaoai 9U1 ulelai pue 4oeiap'aleP'al01Ue 041 10 ssaippe wnlaj ayi to 146u 941 of gnls pawwn6 841>13!1s'pa>ljewlsod!d!aoaj slgl luem iou op no611 Z �awe0 leinj mot of i!pueq jo mopulm 931nJ (a6jeyo ejixa ou)6wneal ssajppe wniaj a4110146U ayi 01 gnls pawwn6 aUl 4011s'ia ofe a41 luasaid pue pa43ee Idlaoaj ayiMiewlsod ldl938J s!41 luem noA 11 l (lual gas)•S331AH3S IVN011d0 0313313S ANV 803 S39HVH3 ONV'931 IIVW 03lAljH33 '39V1SOd SSVIO 1SHI3 H3A03 Ol 31311HV Ol SdWV1S 39V1SOd N311S UNITED STATES POSTAL SERVICE r �I �+,fiF x ter}aj a 4 nff .I t e OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and 21P Cod j i In the space below. it • Compls to Items 1,2,3,and 4 an the, > DEC , U \I • Attach to front of article If apace permits, otherwise affix to beck f 1- article. lL +�"" tom?' BLCG. DE4'T PI=NALTY FOR PRIVATE J C • Endorse article "Return Recel t Requested"adjacent to number. : .TOWS► OF SOUi'HOLD ' USE 8300 4 r t 7 i 4�a+u�t isJ aaif +hi�r� RETURN 1, ��s„G Pnnt Senders name address and ZIP Code in the space below }' . TO �.•� •� I ?. ;'t'.rf�. ' .:':. i1, ". '".i1,2``tjF' 1v"` SOUTH'TN BLD DEFT CDRTIS HORT Y�} r"r�� l'w M i n � 9.apit'a fro- -, 17 II �h'r 7 t:v I 1 ! 4 � I'.^ P 0 BO% 1179Y- f,f 'IL 1 � 9. SOIMOLD N.Y i 1 1971 rj F 1�211) 1. fp I 7 - } /I�k } t t .4 5 f Jr1(•`/ t\r '�{ J 5+3 t �1}iY 11 a 4 fCrr�l �i7�' N � l ti h4f 8a,s� t ,! 4 "��I t� pwa . J r„+(f r�,,ii,} p�/S�f✓'IiKt �^r9+���ti t.' r"� ,t4 ` '!t r:���7a' Il^I •' + I...n. ��xr, ,i i 'SI I a.Ar�'J t5 .r. {. fr.. o-11r vfi�..+�• ' .6.i }f:. now PS Form 3800,June 1985 v -1 v o s} M (n t) -D v to rn �.., o p w in m CD 10 CD o m m e f c 2 nCD m CJ 3'n 6 n m w OOv 0 x m a v T C�a�W ca 00y o m ..r W 0— pp��m D m roa 0 �"�+ Ri m gymt " of j CD G��r.� ® �z�QM • CA mac ` `^'a 'rd b zi o o 0 m <� m y in ro C -F; LM 41, m y z ..�O 9 w n� mo 09 V n C r l � HOMOH. "M SIM3 -r z-r---c '-----r-+--- -- r---"err ,'�---s-'�—',r—^—r-v' ,? S x:7T�7"t- ry 61.�� i ::1 rrr 1 1 r t � r �7.e ® SENDER Completem ites 1 and 2 when additional services are desired and complete items 3 and 4 � �r - Put your address in the"RETURN TO"Space.on the reverse side Failure to do this will prevent this y'" card from being returned to you.The return receipt fee will rovide"ou the name of the person delivered to and the date of deliver .Fora itiona fees the o owing services are avat a e. onsu t postmaster or pees an c c ec ox es for additional service(s) requested °' #' '" ssees address ❑ , u, �. 1. a Show to whom delivered,date, and addre 2 Restricted Delivery ; r Extra charge) ._ ;;� r' _.' (Extra charge) r.• 3 Article Addressed to 3ikkyi tjtc E"� r 4 Article Number ra t JORDANS PARTNERS a��, ,, t/ i I I s;+�"t T yp e O Service pp { it _ F�..♦c ,� 7II 801MOTOR PARKWAY �'! �I 4a +r x a ° t n s ❑ Registered J❑ Insured by ( ? +V h` HAUPPAUGE N Y u+ ,1�788 e rKj �txss ��i`, Certified nsy East❑ i4C r St k t i (fxy, N t k ex r 1 ;^u!) r x' s ❑ Ex o-Yh Re Recei t press Mail .,: ❑ p nl rt t Ir µ 1 {s for Merchand}se LC C�it,z/ '7i xSrJtt�6d �i Alwayt. btain sl6hature of address@B or ag'en�t andDAT DELIVERED (I re — d i� '' a r 8 Addressfee s Address (ONLY if, 5. Sigtu tir' a Y gdaested and fee paid) X ,i �A Bl 91M J.e A `s r9Jra'r.sV ,{ 1 ult Y a �fnlj ti,,+r� P 9r �tL/tt rt ,± f Si ature Agent, ' yyyyy y�r ,� x ,� r fFn a A 4 . N 9 4'�JyW Fi t1'3 f.1Li'.��14�rt l tt.41i W aJ lA ^! �`nh �e 4S 5'V.c �y,(j I X + r � E� ✓,t"C4a Iris[ �' { ��. �; BRs -�. .7 Date of - - , - xr,n 1 rl 0 5- i ,*F. 1"y 'r }�' 1 1 `�, (>? �r•f 'S�r116)� jia�a £I•.i~ti..'Sj)_L}.t�' •` +;� S 1.} �1K�}uw :t t�i�� ��ry Tar ,��sJ,p'( y C}� ^V� r �"'A�.. ••�}tV't1"<' r�+ aid(, f7 �; f r 3 r S)rnfft,. - tSr;r 1taAQ�� 11S�4f.t. r!l� rtr. w 4 I PS Form 3811,'Mar.'1988 �+ * U S O P.O 1988 212 865 `.DOMESTIC RETURN RECEIPT r '4, r a Ati try i"x",1' ''%•+r f 1 'al rr�t °r ra>F ;SI.a r� Nor � :�tx r�,n,+t�FSs".cLsp,.�'M„-:f ,» "���n ,•`"�,}�4.r v 7{ir,.tlE-aJ�, �,e,�sx'��.'.1� ;t,.�•r '7 . - - t W I 43 j W —40 R— i -. R `80 HD • i o R = LB HD HD . —4 � RR r b R r• T R-80 LB LIO R 40 oN= g+ ,SLAJVD FRANM < ® Q S T o R � ®® R-80 P� � pIs RR 01 SLA�� _.. b. ., _.. . . V��_h VICTOR LESSARD '' y �� '• `a Town Hall, 53095 Main Road PRINCIPAL BUILDING INSPECTOR x �a P.O. Box 1179 h:E r;1•J (516)765-1802 3' 'r` =`i4 ;�� Southold, New York 11971 FAX(516)765-1823 ✓;y �"s '�`~' OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD STOP WORK ORDER TO: JORDANS PARTNERS 801 MOTOR PARKWAY, HAUPPAUGE, N.Y. 11788 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1000 MAIN STREET & 160 MAIN RD-Rt. 25, Greenport, N.Y. TAX MAP NUMBER 034-02-01 Pursuant to section 100-282-B of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Permit was issued in error, Zone was changed by the Master plan from a B zone to a Residential Office Zone. Office and retail stores are not allowed in this zone. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: Work may be resumed as soon as this zone change is resolved ty the Town Board and okayed by the Planning Board. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or bo.th. DATED:NOV. 30 , 1989 CURTIS W. HORTON SENIOR BUILDING INSPECTOR RE .N 1 +�:• BLDG. Dt:'i Town Hall. 53095 Main Road '., � ,. � P.O. Box 1179 =y..;.:. a ,:,:; :i TC1lrJ'sy1 0r :r �iHnLd Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM INTEROFFICE MEMORANDUM - CONFIDENTIAL TO: James A. Schondebare, Town Attorney Victor Lessard, Principal Building Inspector ✓ FROM: Valerie Scopaz, Town Planner f5 DATE: November 30, 1989 RE: Greenport Commons The Planning Board has been informed of the decision to revoke the building permit for Greenport Commons. They are in complete support of that action. The Board' s position with regard to Section 100-11. C. is that the site plan approval is not. a rule, regulation or a permit. The change of zone by the Town Board overrides the site plan approval that had been granted pursuant to the prior zoning designation. I am in agreement with their position. The understanding is that the permit was issued in error. The Planning Board' s site plan approval had been invalidated by the Town Board's action in adopting the new zoning classification of Residential Office for the subject property. i TOWN OF SOUTIIOLD BUILDING DEPARTMENT SOUTHOLD, NEW YORK STOP WORK ORDER TO: Own Uwner's Agen or Person Perrorming Work) Address of above-named person) YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: (Aaaress wnere work is to be stoppea) TAX MAP NUMBER ,3 G� .�. 61 Pursuant to section /Giv-,� j- of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded_ BASIS OF STOP WORK ORDER: 7— ' w r r CONDITIONS IS UNDER WHICH WORK MAY BE RESUMED: Failure to remedy the c6nditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. BULDING INSPECTOR / CODC ENFORCEJIENT OFFICER TSUNIS ASSOCIATES, IN.:. (L[ETT[ELm ( [F UMMOUTTUQ[L 801 Motor Parkway HAUPPAUGE, NEW YORK 11788 CC /� DAY /?'//&/ / JOB NO. (516) 582-4000 � ATTENT RE: TO �/ J�O� a 3 Y- Z - c� WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings 7C Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION of S/s o THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS cr t Pe /XAe.. v... COP TO oLDG. DEPT. SIGNED: TOWN OF SOUTHOLD PRODUCT240.2 s lea.Goon,M.oun If enclosures are not as noted, kindly notify us at once. .. v .. INDEX TO EXHIBITS 1. Site Plan. 2 . Building Permit. 3 . Contract of Sale. - 4. Appraisal Report. 5 . Mortgage with Suffolk County National Bank - $440,000. 00 . 6 . Correspondence regarding water service from The Village of Greenport. 7 . Lease abstracts and Letter of Intent. 8 . Stop Work Order. 9. Hard and Softs Costs. - 1.0. Correspondence to and from Mr. & Mrs. William Kart. EXISTING 8- WATER MAIN !•/STING CowclfTf AIT/••4wG LOAN �7 n c 1 ORAINAGE� Al 0 K l .H Z O A D (S. 'e. 23 l�� ' / ,✓Au ro AG mr°rm- �\9� `$0� BASINS 0 / n a EX/3T/NG GAS MAX// l'j\� 1 HIDE)- �pl _ _--G_ : _G_ G�•arG caK G < ay rG ELEL!7EL M/RES COARSE r [ • IR;SAND T INQ �-N 74'• oe'ao E _ _- At 7L' ` eAs N � GRAVEL ,.\0� -SEA•• - 5t� �a✓ 30' ,✓�W i K�' Lf J2211 uEENFORr WATER NARBDR AREA•2 COARSE PAR Al.. N KEu ,NAP ti, �+ 4 _ rzA3 rzns' rza,Y sab'.sD \ TEST BORI C ._ /i ai i Is• '�`�_ s, X>c a. 2 n.: Y �{ ec n s I I ! ` DA7E: e•ZL-64 R.• \ Xsf DAV/OS 6Y:7m•DER!"K tsW TUY RC i a - \ �, SITE DATA (PARCEL w°.I ��y -�- f � \•� n.f ', •af AREA Of 3/TE A.699 ACRES u 204,483 SF. AREA QF 6UILDIN4 23.000 S.F. - �� -� • h \�� l •J «; `N.9 «n•r LAD _ a OF L°r OCCUPANCY 74.2 '}. I \%-� I 1 I /))• LEACFDNG �' _rz/a]�\ i l ,NTENOED USE PROF.Ll %BETA/L pARXING RFD./RED (SEE PARX Fr INL 9REAKDONM wny) 2D3 srALL STALLS 6 R(D'D. T PARKING PROVIDED 203 STALLS PROPOSED 1- a IDSCA~4 REOUXRED 25% 47.698 S.F. Dl-"WM 3000 SF \�� `� 6uau/� oA•s 49.:59 S.F. Lj\ of I = a •V �_alf rz al« f 2 ln•-A A i uNOSUPING PROVIDED snI L �,acna IcnA •«n.m ten'f I✓.Wnw c�•f +7 m------- TROPF/R•rY ZO.1@D ZONE 6' 1�1 �•�� y4BALX / i I 21 s a F aI p� T E C. N D a1 R _ b' Z3' 40 13 40 Zi' r' I b Zi' I An' ZS - eo' 25' /3' I- l� II I� 1 -- n'a --_ ! i Y.f I NI SON LAL SFpTC TJWK _' \ [EL 50.0) INDICATES CXIJPNC N4 G.RAOE 1.;, •y� T El. 50.0 INDICATES PROPOSED GRADE SIGN ' `«lac /°' m•r/frG !�.•ua /t.ary I a O13TR/D'-RO(._.. `h. 4I3 �,.•i, Y•6/f TC 50.0 /ND/CATES rOP OF CURB ELEVATION 8C ¢9.5 INDICATES BOrl OF CURB ELE✓ATIO.J XND/CATES DIRECTION.OF SURFACE FLOW 'pN e � \ f\ >• \- � tq01 NPING LEGEJDPROPOSED PROPOSED aNE SroRY eD/LD/NG T.H. I a<Felc[-SENALc •L¢Aw R[AIL 3TOREs i 29,000 SL. LONOOM PUNT STREET .TREES 3'LAL/PFR /5.000 SF. • 19.0 I II,WD SF ` •+ Ul R.EL. - - - r A 'J ARBOR VITAE 3'NIGH \" N _ {D_AiING 0. rl JAPANESE BLACK PINE - 4'NIGa .sL._._.-uur.�i z-�L- '• _d AREA•3 '•N • -_ Ra; •rsr r yll .1 ( 1 �I i � NORNAY SPRUCE- G' NIGH �' �T'� i a •9 '' AREA•5 + - r DRAINAGE CALCULAT IONS (2• RAINFALL) 71' I 2 a @ AREA•! a of I p v O h ' «Iao 1 -I` -=KA- TN/L6ERG AREA .V.. I np.j I I Y'� I e3 �+' «r A.S 1 �,'1 r�A.M' Xc n I ✓TL I d I`I` d i LZ 7 �, IA9 37 .1'!0•I• I- -�k !I I ♦n-I, , 30,129 S.9 /7 Z2 S.A. 51 � _ - I \b I 1 I I LANDSUP/NG: A479 SF .17 /5% 89 C.F.TOTAL STORAGE REQD•• SZ 11' L A K 74.2✓F � n.• ® AREA Nu USE 9 POOLS 10' 4 3' DEEP 81 vF 5542 C.A..PR-VIOED 5 74'33'30'W ' FENCE ON uNE I 332.43' S 74'33'30'W 1 134.16 1 FGK[ aY LIME /TWLOy _ PAYENENT• 37,350 S.A. . .l7 • /00% 6350 C.F. 4/o,pTK 1 ° 1 ac•ai �, R'T'a z rcb.G tf ` \I LANo3uPiN4 2,530 if. A ./7 • /5% • 65 c.i 6(p) 1 ti N /I8� I �rAL STORAGE REO O.• 6L/j C.F r93.75 lIi il:. ,� c C• 1 ` ' I USE !2 POOLS /010 . d' DEEP• 94 Y.F. •' LS68Cf:PROVIDED .I c_ ' II AEE4 40.3 1 w s IAYSER I' ` •'\ �p. ,1 ` II PLAA1�PING: '2275 f : 7 A //5% - 558 C.f z \ T TOTAL'STOIACE RE04•• SB2 C.f e[ 8.5✓.F [1 2 I r I USE / POOL 10, + 9'DEEP= 9 YF 6/6 C.A. ?ROV/DED f ' 1 n m 1 U !�+• p I TI AREA N•.L f p DINER PROPERTY PA✓ENENr: 10,133 SA . ./7 ` /00% 17 2 3[F• 6 U' n , 01VNE0 BY \ Z �1 \ ROOF 9,570 S.F. . ..17 /00% /4Z7 C.F. 1_ L. x \ 1 TOTAL STORAGE RE00: 3^50 C.F.+48.9 �F SANITAIR'71 �S I C N Xt _- A••'LICANT F- i ` � � 1 i DAIL,' FLOW:C f10E: :L.o003F, .00e GS.f.'• W2 4PD I l USE 7 PoOcs /o'd 7'DEEP 49 ✓. 3353 CA peOriDEe SENI•WET RE TAIL 7.500?F a .15 45F 1125 GPD I \ DRY RETAIL 7,SOD Sf • •LU CSf• 225 GPD. • 1 C: A3-4•�I I �•1+ AREA A10 5 i TOTAL FLOW • 2022 GPD I ' ZL✓XD+ sl'> 11�� ', PAVEMENT: /0,70! S.F. r •/7 /00% /8/9. G.F. ' DES14N FOR 2500 LPD FLOW 1 l f { SESTIC TANK: 2500 CPD 2DAY5 • 5000 CAL CAPACITY R00.F l2,690 Sf. •/7 • /00% 2157 C,F ` LEACHING POOL: 2500 GPO + /.5 450 • /667 SF v 70TAC STORAGE REED • 3979 C.F _C USE 8 POOLS /O'd A 6' DEEP 64✓.f 4379 C.i PROr/DED r4673F ? Z5.12 WIF 44.94 yr.RF4D. -C.I.FRANE% CRATE ro ♦ , AREA No 6 USE 6 FOOLS 6' 0-A 12'DEEP • 72' V.F TROVIOED GRADE,Z-0'I.D. - '� 0ENS/ E U/VALEMT: 1 PAYENENT: 1/,53! 3.F . -/7 • /00% 1960 C.F• uDWABLE- -699 ACRES . 600 GALIACRE 2619 4PD �110,lr, COVG SLAB 1 6.260 S.f .17 /Do% 1404 c.F.(SEE DaLYFLOW ULG) 2022 GPD �r� 1 �.��40�W 79.97' w�- N -orAL sTOXRA4e aeoa 3364 -A�uEc.-i+L• Yi1E3 USE 7 PDOL3 /O' • B'DEEP S6 Vi 3632 C.f. PROV/DED C ER/Sr NG 4• WA TEZ NA/ tO' CAST//COI/FRAMES) �• P L A C L pEV B-21 84 �Co'E'S [T✓PICALj _ K N A P P PARKING BREAKDOWN REV.6 /Z_6, t .(50' WIDE) a w a° REV'O- -66 TT-•"••TTT RETAIL: lO,Q70 3F uSALLG RLTAIC AREA?IOO SF�3T• 100 STAU.S � 4EV. 8-//-66 zA••.D.(m.) eAMK: 2.5Oo v u3AeLE BANK AREA+)CC SF/Sr• 25 =4.15 SGALE- r••so Y 4-�7�6 INLET -- ��, - O O • o,fFXP: 7,eco Y)SABLE OFFICE ALA?/L17 3I�ST. 78 STALLS _ h� U SUFF. CO. %A.(MAP-A. 1000- 34•2- 1 D TOTAL PARIu•VC. RED'D •Z03 YALLS i e LIGHTING LEGEND : SPECIFICATION m PROPOsm O•F/LE RETAIL COMPLEX NPa =opY' r G✓26E/JPORT MALL +�' 4:4' 4'- a 4'-4' 'l'. 4� ® 4•E. TONN couNTRY LUNINAIRE NOL ITED ON 14'pOLE D yE LmL NAw ST I MX[r^10.GXE•/PORT %SOUTMo'D..✓.Y. 4.E. PAR FLOOD - BUILDING MOUNTED n NOTE: ALL TOPOGRA➢NIC / SURVEY INFOIMATILW AXa-f .c..c/.•30' •.SM'D (n Z SURVEY BY RODER•CX YAA' TLML,P.0 �• COMMON fO'-OBI IO'•O' .f I r� NOTE: ALL LILNT/N4 SHALL BE ORIENTED SO 7NAT LIGHT L\ '•' 4-23-�^ ' SLAB } 1 j `3»-=.00 I IS SNICLDED FRD•/ ADICENr PROPERTIES RaADWAY3 Robert J. Gruber - Architect / --'f "an NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. r BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) �] ^+- ^ " Z Date ...... .try:'.:;! :,.:�.................... .. 19..:i.y �� �.+ i. Permission is hereby granted to: . "t r � C bi%::.......i.0— ................ .. ..........vJ...... ............:................. . . .......... s......!V. ...1.. .. . .1......... b ..4r.::: u.l�L{ ......l r S4..::v...:... t.�:: ..�2 .`.:�:�:ti:.... .r:.�::.0�;;? ....: ...:�... ::................................................................................................................................ � v 1 vao ryJ �.�. >";L.w; ¢d atpremises located at ................................................................................................ ........ : ........................................................................................................................................................ ....................................................................................................................................................... County Tax Map No. 1000 Section ...... ....... Block ....C. ........ Lot No. ............. "1 cam., pursuant to application dated ............................,�..........................., 193.1, and approved by the Building Inspector. FeeS........................ � ............................` ' ..................................... Building Inspector Rev. 6/30/80 l ilil�''r it S FI '� `!{ . . � -; ' ; .�;1 tr 3 •i ! JFt ' .lJ �..'' ��` � Yxx,• f r � - - - - r t J li�� , a� 5 : ?-1 _ fl-1 ++ tl IC•FYY+. fr t ;S, { i r !!,� �,,.:• r) ,Yat ..,�< .J S1e,,t siti s/+ xyYt� .:"7 r � : ;� A.... r 1,Y�, �+' �... � M1 J ! �a' }: J i •t r�,� :S y1 P r •s S k �! � '' , r2 t ",� q,.s� Fir i t T 1t 'i` �, '� •}Ln�{� „¢ F'Lj. � , '¢'r 'E3{{'V' �y� -ai�i.�'F i�r i � t? .C1,¢,... � y- I _ :,�i', ra.• ! r� Y�{•,, s4{�v*j k�{"�>'c;:tr�1$��ad�t�'�� k,4"Bt sr.,nt F.�a r��"c sv .�" ..tn'. :u, 'r-aLL i- ��`��r++�ttt,,, S •"e: 1 ct I ,di.""+ti`+'7 Li 't.:t..�•.., :?:,. .,{;CT? �I.F z t. c.'Ge Ut;.. •'t� i?' f I �"-4': V 'y�Ny �f. �,sqqd tr fk..N S-� r;f- f,17f�~•`2`t. �';�^�� Ik i7',' !' a �+�. •.+t.:� ! .i' '-I.+ ,d,t... 1 (. t „1} ,{�^a�` r t ,a. .,�i>:"f �`{ r ���.`'':'�{ `..�'•t-•���.:+;� .t 'It C..r t .}• •1�?d. ,:y r:.,.�yNrn. ..rA � ;r'dc'e F ;.�r.,..�'n�'. ::'y rQ�..,}::• r,r'.; "i' .i } isr .;i i:. er.;. t7{�ir,..•e- :'f..a. p .t r 'S.,:' #. tit .t tiisetxt'}t'.r1 ly.}W':t' nts, t s t rJ A :i M 5t, a � )y�y 1' '{.:y+�At•: a! 7. t ° ; t I .�- ' r t r �.K � � 'a r° N° 181*8 7 Z 4 n Ou ell i t• ,q t IQ ,tli, rr •t J t o.tf - n n t . a a +Xn fa . . F 1 l t f- J rT f. .,,', ° r f IS'x tb�•>,^.�tlf •� IlE I. ,� f t 1.+ +r :/al�iytf S7 '{ �n,•n,,jt5��qt)#! r ISSUED TO r tF Lt r®A, TE ...J b.1y44))d1h�AI'�irj .� {:... V�At1' iI s\®®,� ESS / �5 I1� l i�. /S/DY•� ik ' r } irf. M tw >. i.,g� 1:,1 2 r ,:':''• .,., .._, �, .:ra.i `rt4 lal r + ..,. •. ' .•. .. . .:•. J, l: :p Y .,. ,. 'trr ep4 4 t g A itt kp I 1 -�•a., ii , ip h a7Gf�0�i'r./ i t'r. f. � f Y. -� �. d + �•t.{ ,;��+ >� � tom{ ■r �? ■ .. .■ , � � ■:. -' ;• ■ � _ T�.h's otice must be displayed t during construction �4�rV fi 1 r 4 { q■', ■ ItyL. y 3t { 3 n atdt sreturned t© �uiid �ng Yf ®e t. , to . get a certificate 4 , I ` .cc 3au'7t8t�-,jj: plki et..�lt�NF`iaio44r .nA rlpon com voc.pancy u �1 i.••7 •f�sv 7 jt t iJ3I +1°tc, =;.is` :t � r 1. tti. xs 1'2 at p 1 �4 � .qt4 �irEts y1¢ !;�JN� r ! Fr�< n 11..a t> r .rl ;fr tS}� Ittfndsi si itiUJ1}t t sr 'srsr °!�+ r �Fa { fi �r y dY''t :;T 4 '!-' ! .X f i..4. i }7 {' a 9 1 t r. •;I *t far Yt{tf ¢ t ! 1 !� is t s'. •! ;', ._ - :.. � 'I � .` -- IIVG INSPECT:,OR'S OFFICET.OWN OF SOUTHOLD' F, t 2rt / d 'O rri,r t, ".�!•' �3 tt ;7.� •�;!.f rY.:^6 s} .+-,a_4 .f r s t •.Wit, r /5f 1t4:,t t;t �sz y., v �S 1 1 y MM �� x� � ',`, `S t.I.IJ t � F. •?'� r��x.,kl F {Sr,:Y+ t4}4,.5 a' ,i t` ' r f}+' �r`t�'r���t �3��:r Y 1p'���4>@.�,y�',� 1 14... I tr1 ..`"'tik t1 f5 FS r 1f o < JY �yt•r t S0UTHOLD N 'Y • • 5.Y; 1 r r ; s �rt! '6�K T p'A *�r�wl {vre ;i' • M. �f.1tr 79 ? r. .i .. '!• ff- { .i to p. a, '+c., t F.. K.1 R f dy�}i: ^..,j��ri�"/i7t9 f� Sl.nnl.nfl I•I r n 11' nn An•11 r' uili.u:l ail Salr 1-• - CONSULT YOUR LAWYER nirORE SIGNRIG TIIIS Ii1SIRUMENf•-7HIS HIST ENT SIIOULD BE USED BY LAWYERS OiILY No I F: FIM. IMSSi:S. 'I his form of conliact contains no express piovision as to risk of loss by lice or other casually be- fore delivery of the treed. Unless express provision is ]tilde, the provisions of Section 5-1311 of the General Ohliralione I aw will apply.This section also places risk of loss upon putchaser if title or possession is Iranslercd inior to closing. l llis Al:lii;liAfliN f, niadc the Jay of January ,nineteen hundied'and a i.gh Ly-e igh L III;11�'IiL'N ' GIMIZGE MESl1l.KOS, residing at. 430 West 23rd Street:, N(!w Yorlc, Nr!w York 1.00.11 , P11NTE.LIS P11PI17,OGLOU, residing at 82-20 23 51:1) St:reot., Bel..le..cr.oss Manor, Nr-.w York 11427 , CONSTANT.I.NOS ZL,RVOS, residing at Mai►1 Road, Orient, . New York 11957 and GEORGE TSAV111t.I.J res i d.i ng at. The Strand, East: Marion, New York .1.1939, hcrcinaflei described aslite seller,and Jordan'SPark Place, Ltd . ; 801 Motor Part-way , IlaLtppauge , New York 11788, ` firicinafler described as the purchaser, D.I.ST. WFINF'SSIAll, that the seller agrees to sell and convey,and the purchaser agrees to Imichase, all that ceilain plol, piece I.6 0)0 or parcel of land,wiIIt Ilie buildings and improvements thereon erecled,situale,lying and behipitxtIma t Sou t Ito l(I, County of Suffolk, 'Town of Southold and State of New York, bounded and described as follows : 0.34 . 00 11ECINN1NG at Lie northerly end. of a litre which col)necLs the easLerl.y 1lLOCIC si-de of Main Street with the southerly side of North Road and from (.)2 00 slid point of beginn.i.ng; running thence North 74 degrees 08 116.nuLes 00 seconds East along the southerly side of North Read 498 . 74 feoL r.ci'r I '1 1MId now or. fol:rilQ1 .l_y of Davids; thence along said 1.ast.-ment.i.,)ii(,d .1. ;1I l Ilill . 000 rind Land of Zevi. ts , Angevine , Thi.lherg and Critchlow, South 33 d(-I( 37 n1.i_nutes 20 seconds East 343 . 07 feet- to land now or formerly ol: F1aL1.ey; thence along said last-mentioned land and .land of Moore , Begley rin(1 Gtavoll, Soul:ll 74 degrees 33 mi.nuLes 30 seconds West .1.94 . 18 fe'et.; I.hence along the westerly side of said .laud now or formerly of ;"I.aVI)h mulh 2.6 degrees 26 mi.nut.es .10 seconds Last- 164 . 64 fret t..o Hin noi-Il rly .,.idr of: Kt1apl.) Place; thence Sout.h 72 doyr.e es 43 minut-es 40 seconds We.-,I. , al.onq Llle northerly side of Knapp Place 79 . 97 feet Lo land now or. I'Orill(?r.l.y of Green; tltf-nce Nort.11 26 degrees 23 mi.nuLes 40 seconds West a.lonq said last-mentioned land .167 . 24 feet; thence still along said .last--mentioned land of: Green and .Lands of others South 74 degrees 33 m.i.nut.es 30 seconds West 352 . 65 feet. to the easterly side of Main Street; thence along Hi(? easterly side of Main Street North 25 degrees 25 minutes 20 seconds West 236 . 36 feet; thence along the aforesaid .line which connects thn soul-hel:1y side of North Road with Lhe.'easterly side of Main Street North 19 dr�clrres 25 111.1nutes 40 seconds East 109 .04 feet to the southerly side of. Norl-li Road al: Hip point or place of beginning. Being and iiLL•ended to be the same promises conveyed to the parties herein by deed recorded in Liber 9185 cp. 438 and Liber 10000 cp. 537 . Subject to any state of facts a,n accurate survey or personal in- spection may show, provided salve does not render title unmarketable; covenants, utility easements, restrictions , rights of way and agreements of, record, if any, provided same do not violate existing structures or the use thereof. . The violations of any covenants and restrictions by exi.stinq improvements shall not be deemed an Objectioil to title provided the title company insuring title shall agree to insure that such improvements may remain in their present location as long as same shall stand. CONTINUED ON RIDER ATTACHED HERETO. 1. 7 his sale includes all right, title and interest, if any, of(he seller in and to any land Iying in the bed of any street, road or avenue opened or proposed, in frovt of or adjoining,said liremises,to the center line Ihcieof,and all light, IiUe and inlcrccl of the seller in and to any imird made or to be made in lieu thereof and In and to any unpaid award lot damal:c (o will piernises by immit of cliange of grade of any street; and the sellei will execute and deliver to the purchaser,on clr:ioi;of title, or Ilrercai.er, on demand, all proper inslnnnenis for the conveyance of such title and tl)e assignmenl and collerlitul of any such award. L , 2. 'life Mice is Three hundred ninety-three thousand three hundred thirty-three and thirty-four cents ($39-3, 333 . 34)-I.)011ais,llayableasfulluws: 11Wl?NJY—P'J.VIs IPIIOUSAND ($25,000 . UU) ------- I--------------------------- t)ollats, on like signing of this conllact,by check subject to collecliolr,the receipt of which is befell),acknowledged; Three hundred sixty-eight thousand three hundred thirty-three------='I)ollals, and thirty-four cents ($368, 333 . 34) in cash or good cetIified check to the order of the seller on Ilse delivery of the deed as hereinafter provided; Y�'tiiililSl?;Ill163111,Jirtf7liNXX%{%{XXXXXXXXXfISKllj%�Sl?kYItiO911l 1,61SK;tliflifdttlts'11d'illllilVAAli('11111016AIIIHIllroydiGaElI1K ; y.,m". jfxXxxxxxxImcmmi,prymDawjuth--Imbteipal:brhwtAurnmkpay aldr );)f}".:1hfmPlt4:hvp.rC41;>f33iP.4%:CMCV.4it[190PTRIOP,'IOU tr1C^iMivnip?ll r^itw<PI:1tif:ftCl1?thIAlid AqUf1x1!)trlc; %:R'eylfr�:t)1:A%{'SlS4�tR'�11t'1(1Ry:::YX;CY.XY.:CY,:CX1t!+lS1a@R": tl}f%PhD?'ARc4'4]t1'?a��14:111At:P11K?ttiltmmyiI h %ic3Gtrlh�i'�ivllllairk"cYr`it=iiflillr�af��(ilxxxxxxX;),�Crc�Cdi:: xiti`!<nrifl lie )1B�tatSlB X 3. Any bond or note and mortgage to be given hereundet shall be drawn on life standard fotins of New York Iloaid of fide llfrrletwlilflS for nlotlRages of like lien; surd shall he drawn by llte attonlcy for the seller at the expense of the purchaser, who shalt also pay the mortgage tecotding lax and recoiding fees. 4. If such purchase money moilgage is to be a snbotdinale ufoflgage of the pfenrises it shall plovide that it shall be subject and suhordinale to life lien of the existing nlullgage of $ ,any extcn signs Ihefeof and loamy omrlpage of c.ousolidalyd nmf(gage Which ilia), be placed of rife• pleiuises in lieu Ihelrol, and to any cxlensions Ihelcof ptovidcd(a) Illat the inlcirst tale Illercof shall nor be gremcr Than per cent 1•rr :mount and (h) thal, if Ihr plincilial anulunl IlIvIe I shall rxcc(•d the anmunl of pllocipal owing anti unpaid ott saill existing nrollgage at the tittle of placing such new nnflgage of consolidaled nlollgage, the excess he Maid to the holder of such purchase nlottc), n►otlgage in leduction of the principal thereof. Such purchase money nlorig.lge shall also provide that Stich paymenl In the holder thereof shall nc.l alter of allect the regnlat installments, if any, of principal pay'ltile 111rleundcl- and shall further provide 111M the holder thereof will, till drma11(1 an(I without charge therefor, execute, acknowledge and deliver any agreement of aglcements futthet to cifectfale such suboldinatioll. S. If there be a flollgage tin lire prrmisrs Ills seller agrees to deliver In the purchaser al the line of dcliveiy of Ihr deed a 111opef ccllificale cm-111 d and arknowledltcd by Ihr holdel of Such funll;age and in f:Ilnl fur lerotding,ecllilyinl;as to the anlonpt of the unpaid lnilicipal and intclest thelcott,dale of nlalulily Ihcicof and role or ilktele.t (lie lentl,and like Seller sh.lkl pay the Ices for recording such cettilicate. Should the nlollgagre he a hank; or giber institution as defined in Section 114 a, Kcal I'lopelty 1.1w, the florlgagee flay, ill lieu of the said ccltificale, fmoHi a letter signed-by a dttly authorized officer', or employee, or agent, containing the infofmatioo frrliihed to be set fullh in said celtiticate.. Slllc'f Icpfescnls that Surll mortgage will not he ill default at or as a result of the delivety of the dced'heteufder and that ncithn Said mortgage,for any lllndificalion thelcof collhifs any provision to ac-celclate payntenl, or to change any of the other teens or pluvisions thereof by reason of the delivery of file deed hereunder. 6. Said premises ate sold and are to be conveyed subject to: a. 7.oning regulations and oidinances of Tile cily, town or village in which the premises lie which arc not violated bl existing slillcUues. b. Consents by the Seller or any former owner of lfrmises for the ereclion of any slniclute or structures on, under or above any street or sheets oll which Said premises flay 11)111. c. Cnctoaclufenls of sloops, areas, cellar steps, frill, and coillices, if any, upon any street or highway. 7. All notes or notices of violations of law or municipal oidinances,orders or requirements noted in or issued by the Depart- mcrits of(lousing grid Buildings,Fite,Labor,Health,or other Slate or Aunicipal Department haviup iurisdictiou, against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of �rnil the Same, and this irovisiou of this contract shall survive delivery of the deed hereunder. The seller shall furnish the pur- clnust, a iI chaser with an authofizaliou to make the necessary searches therefor. il,o properly is not in A. All obligations tffcctitigxMe pietnises fncillf Hider the F.ttncrgenc} cpairs provisions of the Administrative Code 1110 oily of of (h `e City of New York r-cctious 564-18.0, elc.l ptior to the delivery ol'Ifte creed shall be paid and discharged by tile set- flow Yolk leywon the delivery of thedeed. Iris provision slybil surdlve life delivery oNhe aced. elelne 9 is 9. ;f, at the lime ofAlle delivery of the deed,Ilse pfemisN or any pa 3 thereof shall be or shMI have beefkaffected by,?*A :uanr assessment or assessnnts which aret�t slily t>1{come poyahle�in annual nslallnteu`fs, of wltich;lhe�,lirsl insta Itn4pt is then a ..mined it charge ore 'en, or has been-liaid, then or the purposes of this contpecl all the unpid iost3(hnenis of anytsucll asses. lent Il,e property �s not in including tlly6e whiidi lie to become (file aiii payable after t11'e delivery of the deed shall declnKI to be due an(4pa),able Im cif rr all d In be lids upon the prefliscs afl&jed thereby and shalt A paid and diSch�_7 iy the seller, upon the delivery flew Y,,Ik of the (Iced. XX X Xx X 10. The following ate to he apportioned: (ay RffltmCm8r lriolmlvat' Hmull'iN lift)iki;fI iKi'gtfr'fp IiY-TV) i01KfVVr"IrR2iAWV ra�+atlxriRdll�trx4 dlto t1:){;{)C}{alktt6itlrl X((I)'Iaxes ail d sc%ver rents, if any, on the basis of the �s ,Year for which assessed. (ef%iVeYe �lifil `Cdir`CtYi $asi %faiCxl}exxlxlx'�wxytxrx{� 7Et{isk:lftiX 11. If the closing 'of the title shall occur before the tax sale is fixed, life a11110diottttlenl of taxes shall be upon the ljasis of 11— I..,• „I;, ter 111r rvr•rr,lino ...f,I. .,...,Iirll to Ih,. 1 ­r 11 l•lh i:w R.I.DER IY1'PA, .r_:D '1'0 AND MINING PA.MT OF WHIT,- O[' SAI rE BE71WEEN ( GEOI:GE MESAMOS, PAUVE'LIS PAPAZOGI.OU, CONS'1'AN1'1NOS ZEItVOS AND GEORGE TSAVARIS, AS SELLERS, AND JORDAN' s AS PURCHASER._ PARK PLACE, I'lll (.'11;1!i1,1: s ,.r) (.4 . I.Vol. if) Illn al-Lorliny t()r I llo sn 1, l firs lic!rein a Lilil', (if ,illy (1bjncl' iOli!; ('r V.i.Olal: i.nns Wlii.c:li lilay -ippear on any I)I:fill('( fix;lmi.nal'. i.on of [ Ili ..; IAA.le , a11(1 if Jill, ohjrcl imis or. V i o l a is .f)ils appear nil Said t I l In C'Xi.alll Llli]I'. I,fill alld callllnl- ho cleared by Ilin sol lr?IS by Ill(? 1. lilly !;r'I frw Ili(' c1osillg Oi. I' ll I (' , I.Ilell s- I. i firs ;i 1. their (, )I: L011 !;11;11 I he (, � all. �urn- F r n I:.i. L lc d Lr) a t:c i1!;finiil)1 (+ IIlr?II I: Of: Hle c.l ns i liy Ic;r. l:lte Dill pose ()f, reillov i.lig sa h.1 (Ill jocL.i.011s oI V1.(.>La1: l.011s . ilOtll.11ly 1101-0i.II !i11;11 I. he d0(`me LO rr?(IiIi.I.-n tllo st?1].ers In Lakn ;Illy 1ega.l. ac;Lioll (,1• I,l.m.eecli.ily Lc) c(Ire. (-illy (infoci , ill Lil: lfi I'he I)111:('llasf?1" rnpre sell Ls 1:11a1'. nO Rnal 1?�;l:alr' Ilrfikr?1 I)Irrll(IIiL i11v,111'. I.11r) :;ille agree(, 11poll all(, nllUlll..C1 any cla.i.ms fnr. hr(,koi-age c oillilli.ss.i.(Ill, he Illacle ag;l i.nsl: l:lin Sell-ers Hie ptircltasor agi ee s I r� link] liarnllr!;!; ,-ill(] i l)denin i ry I'lin se.l..l.e s f i:nln hrohorng(.! Cr)II1I111.S!iLr,ll!i arisillg o(IL (,f pllr(:Imser ' s act-.S . This cl.atl:;o Lo survive cle1i.VQI:y (,f I:il:le Ilern.1111(lor . '1'{tin CUI11:1 ;1(.I. In71}' Iltrl: 11u ltttalyund wl l.IlettL l.hr r.xl►1 t,,tl W1 { I I ('11 (.()It.;('tll o C LI►n fin l I r+ , !, • ' The nuhml „ iOn O(' thl9 coIlLlacl: dons not. ccill,l.il.illn .ill Off„t' ;incl neit hrr , i cl(, ,11;1 I 1 he hound till" cc)nl.l:ac:l: I !; !; I clnr(l 1)y a 1. 1. 1)i1t I i If- Llior:(! I !: :1 ( r,ll f I i(;l: h(?l Wf,r,il I llt? I)1 ,1.111'n(1 I)ril' 1: 1 r)II!; 'IF I Ili !: aid Lhe lit (IV i !; ( fill!; of. tli In Itldnr , Lhn Lnlnlll of 1.11 Is It i(Ir!r The (lo"Ilt I,nynl,+rll lin►.nllndnr fill.,, 1. hn Ilr!ltl it) r'.!:(!t-fiw by I'i r,rl„I it. 1; J . '1'e(1('n(;11,1. , ill I fit Iln}� Lnr Llln !tr?l .lr'r , ;1!1 (?..r',t'1"file ;I(1r'lll', lilll I I (' I ,,!., IIICI of r,l:r•I fi:J ;i(.1nt11: nh;tl l nfil: hn rnr1111t.nr1 11I :,I,y ar:l} I (, dc:l r1 nli i,,' 11in un i lil I I r,l ;Illy or slily ol.lint: tlot.:tun(+Itl (lr+ I i Vr,i ('(I r,r t r(i1I i 1 r (1 I:(.) hr! (i(, I IV(,I r,(l lit,i nllll(inr . 'i'11n tt!;(:1'ol•J ;trar,lll: !,11:1 i i II„l' lu' t r,!;I,nll.^.11) I r• Ln nliy of I lit, I,;,1 I ir,!l llnrr,, o f('r ;Illy ;,(:I i(111 fit' fill I 111 „ I is :1r 1 , Illllfil:7: �IIC11 11CIAfil't rlr IIP,II!tl t'Pll (,ri I);Itl f;llt.li . riir' I)1 ucli;1!,or awl I li,• herehy ;llll.11,Il' 1 ;.r+ I Ilr? nsCI:t1W aljntll' , III I.Ile r'Vnlll- 111r'}' 1,('t'r'lll(+ I IIVr,l•V(.'(� 111 1 l L. l.yit l: i„n by I r,;l,oll o L I.h 1 , (;on l l i1(:I-. fi f !:a I n I n t1r+I,fil: { I (•; I l h Lhtt 1-ow ;lyr?Ill: Ill?t t•I111(1(,i: ;lltll Shall he f.ul 1 } i r, I ir•V(id and di.schary(,(1 of ;illy flirt hnr t r+!:1„'n!: ihi. l it } 11r>Cettllcl(tl' 111 ilrl(11 1: 1 Ott, I.11r vscrn4! igrii1L 1.9 llnl f,h}' ;1111 Lhe rv(,II11: it I !; 1.1►rnal.nlied wi I.li I.11-Ay"ILLoll, lit) Jill fit ilh-ml all. 1)atl:ie, i.n ilnp r-nllt:l: or conll,eLnnl: jur i ,dir_:I: i.r�n and If, doll,O!; I I: wi t-.11 I Ilr, eteric or !;nc II c:,)IO I. ;11.1 f.undn dnl)O� i.l,�d WILII it: :Intl 1.11(lrr,111-11 Llin encrnw ;1,.Ir'nl r,l1;iLl he Ilil .ly Lel. lnved and dl !:cliitr(Ir�d ('I' ;Illy f111111„t tenllonl'lihi 1 i l y hr,rnilnder . 'I'lln .escrow agenl: rtllal I. Ilavo Ili) dilly If) rltiy or l.11r• fiend!; dnI)r)nlLed wll.l'r .il: hr'r(?uli(lr?r and !:11;111 l►t 1l. hn sl,nn!: il, l , for nlly at 1 1 (tll (/1' f;lllute Lo act:, littlesn (ilICII ac:l: ittlt (lr,lllr,ll!:I t:aI:f?5 1,;1<1 ft]ILIi. The 1inl:i:lrn 1111:tI1 (-.ollll)ly W1.1:11 s,-cL1uii 1.44511)) of. Ili,, I111r,ln;l.l. Itnvnl,llr' Cncle ot* J.954 (hfirn.iyll .1liver(Imetil: .in lir�nl '1'r,)( nt:l• fif. 1900 Sri emended by I Iir. •1';in ltr.f.otm h(A or 1.904 ) . lit Lhe evr.n 1 1. 1 I 1 n !,hit l., fill I Lc) c.lc)nn. (lue "to Lit(, w l l l fit I rin f ait I. L• o f Llle till ttllnt',nt' , Ilia t.loWti I).-1}'I11nttl: Itr,r(?1111(lt?t-. Ill;ttlo , ;if: I'.Iln fill, 1f111 of III(, Boller , n17y I)r, i r•I n l tit.10 nrt renr,oll'Ahle 1. 1(i111(111 nt1 clam:,yr,li. ( r,I' nnr•It (lr• Cnu1L• alld Ill" I,:lr I.ler; hetel:o Tyree Lliny Have ascel , ;Blind !;;1nlr, 1-.() hO the damap, i.it t II;I l: eveliL• . In ,tick evenL• , Lhe S'l ld d(.)WII payillenL slia 1 I , ill 110 event:, hn r.onnl.dered n pelintLy'. r antelis Papazaglou is a seller herein for the purpose of conveying his like interest to himself with no consideration to be paid to him under this contract. Purchaser shall have the right to assign this contract to a corporation to be formed in which he shall be a pfincipal and his liability shall terminate upon such assignment . The agreed upon value of these premises is five hundred ninety thousand ($590,000.00) dollars. I12. if.there be a water meter on file premises, Ills seller shall furli! leading to a date not more than Ihilly days Ali( to the lime herein set for closing title, and the unlixed melet cliaige and the unlixed sewer rent, it any, based dicicon f(- lhe intervening lime shall be apportioned on the basis of such last reading. 13. The dccd shall be Ulc usual I3aryai_n & Sale wi.tll covenan t aga i.rls f. q ran tor ' s ac L dccd in proper stalulory shod form for iecoid and shall he duly executed and acknowledged so as to convey to the Ito chaser the fee simple of flue said piemises, fire of all encumbrances, except as limin slated, and shall contain the covena► required by subdivision 5 of Section 13 of the Lien Law. If Ihc seller is a colpotalion,it will deliver to the purchaser at the little of the delivery of the deed hcicunder a resolution its Ifoald of Dilectors authori•r.ing (lie sale and delively of Isle dccd,and a cel lificate by (lie Secichly or Assistant Secit-la, of the colpotalion cellifying surll resolution and selling follh facts showing that Ihc Conveyance is in conformity will, G minimucills of Section 909 of Isle Business Corporation Law. 'I he deed in such case shall contain a recital sufficient establish colllplialice with said section. 11. At Isle closing of the title llte seller shall deliver to the purchaser a certified check to Ihc littler of file lecolci► officer of Isle county in which the deed is to be iectuded for the amount (if the docunlenl;l.v ;lamps to Le allies thereto in accordance with Article 31 of the 'fax law, alid a ccilified check to the oldel of Ihc apploplialk olli( for any other lax payable by leason of the delivery of the (Iced, and a relutn,if any be letiuiml, duly signal and swoln by Ills seller;,and Ihc purchaser also agrees to sign and swcal to the leturn and to cause (lie chcct: and the reluln to I delivered to rite approptialc officer promptly ,tiler (lie closing of title. (i„t;, Cb, •In addition,jjic seller sl(IR. al (lie sankv%[limc. deliver YI llte purrli�eYa cetlificrl Nhccl, to Ihc X�jer of the I i ixn, rs t! Adfllinislialor fur he :nnounl o IIYe heal Property•fl:nl;IcKI;t% imposed by 'Title Will (•1[:iplcr .11,Alf the Admit ;0:1!o file(vrlvv,y it In Co(WIK the lily otYdJcw Yofk anrlyevill alko delf-m fo Ilttt pnrtAmser the rCl,qll M1110l.•d 11v Ihc Said stalaile and" It:' le Nt�('ro a/ ulalioris'lsysucH purstl:orlyl(ktlhe autholily Illcicol`llnl.l' sil;nkd andysw( n 10 hyahe Ilcr; ItY�mn�iascr agXes I( 5it;n al N�(r 1 irk' swear to I IRlcltlrll am 111.K:ause'IIIC l ftxl; and lite 1¢tom to be dell('mil (o the Cilx Rvgistel plr ln��lil':rflCr 11112-AlOMITO t' title. X X X X 16. The seller shall give and Ihc purchaser shall accrpl I title such as any coml.iany (.loi.11g SLIS.i.n( i it Sul:folk Coi.mt:y a11(1 , a Plknibcr of file New fork Roard of Tille t)ndcm-lilels, will approve aril in;u 17. All sums paid oil account of' Ihis conliacl, and the reasonable expenses of the cXanlinalion of Isle title to slid plc► ises and of Ihc survey, if any, made ill connection Ihclewilh ale hcleby made liens oil said picilikes, but such liens shall w continue after default by the purchaset under Ihis conliacl. 1Rx All liximes :))[If allicles ot1tcisnnal plopelly allat;WAI of appullX11:nrl lo�%Xused illy Mnncction wjh said pl�nises ;l tepl%ented to bF owned hy.11i . V11vr, lire hmil all liens ind encOG11 :nucs except as herein ;laird; :►nd ale ft1.In(Icd this S;Mz� williTil hillitinl; Ale gedtlalily (+f I p lolc�„ing, such lixI liter,amt -IlIit- Sol pklsofial pl,iv-fl), include i,ltlnlhirl healing"lighting and }toot:img fixiligs, ;lit condiliolfinl; livinles"ill units, t. ngrs, rcll�ctatols, latflo anlj televisioIVIVI a: hmhioomypn*kif(,hcn ojbinels, nianlsls, 11r)ot tltbirs e.is, vnrl�ln ill n(Is, snacks, scltxells, awniggs, !J,,ltll s f;dKsys, i{ido boxes, stop%doois, inai1'K)xcs, weathervanes, Ilajipoles, pumNshiubbciy and oul(4 slatua)X V A C i1 N T b n N D. 19. The amount of any unpaid taxes, assessments, water changes and sewer tents which Ihc scilel is obligated to pity ;it discharge, with Il,e iulcicsl and penahlics thereon to a date not less Than two hnsincss days alter the slate of closlul; tilt illy a1 Ihc option of Ihc seller be allowed to the pulchaser out of Ihc baL•nlCC of Ihc pulchasC plicc, provided olli(ial bit therefor with inteiesl and penalties thelcon figuled to said date ate lulnished by the seller at tale closing. 20. if at Ihc (late of closing dieic may he any otllcl liens or cncillnhrances wlii�lt file scllcr is oldil;aled to pay ;md di chalge, file seller play use any pollion of file bahill-v of the pulcha•.k Alice In s;llisly Ibc 5a111c, provided Isle sellet r.h: shmillancously cilliet deliver to file l,nlch,lser.al Ilir closing;of lisle in.1111111cltls in rvi-m(lable fill ill ;uul sufficient Ic, s:Ilis: such liens and encuinhrances of record together with Ihc cost (if iecolding or liling said inslituncnl;; or, pluvided that G seller has made arrangenicnls will, the title company employed by ill(.' putcllasrr in advanic of clostllg, scllcr will deposit wie said company snllicicnl monies, acceplable to :ln(I lcgnilvd by it to insole ubl:lining and Ibe lecottling of such salistaclin, and Ihc issuance of title hisinance to the purchaser cifli-r lice o1' a11�• melt liens and Cncun1111am:es, or with illslllant against cnl(ntcntcnt of same out of (lie insured premises. The pnichasel, if ripest is mace wilhin a leasonable lime. psi( to the date of closing of lille, agrees to pirvide :it Ihc closing sell:liale ccililied checks as re(p leslcd, al,gregaling Ihc'anlom of, file balance of the pulchase Alice, to lacililale Isle salislaclion of any such liens of elicit lbruucs. The existence of at such taxes or olhct liens and c[ICU ntbranccs shall not be deemed objections to title it the sellcl shall comply with the Im going lequitenicmls. 21. If a scauch of Ihc Idle discloses judgments• hankluplcies or oilier rclulns against olliel persons bating names the ;ante . of sinfflar to that of Ihc seller. Ihc seller will on 1equesl dklivel to (he purchaser ;lit allidavit showing (hat such judgment bankruptcies or other iclums arc not against the seller. 22. in the event that (lie seller is unable to convey title in accordance will, Ihc Icons of (Iris contiart, the sole liability Ihc seller will be to r('fund to the pufcilascr Ihc amount paid on account of the pnichase piice'tnd to pay the net cost examining the title, which cost is not to exceed the charges fixed by. the New Yoik Huard of 'I itic I lncenwriters,and the nt cost of any survey made in connection Ihclewilh inculred by Isle purchaser, and upon such refund and payment being inat- this conliacl shall be considered canceled. 2.3. "ihe deed shall be delivered upon (he receipt of said payments at the office of Frederick J . Tedeschi, 218 Front Street,Greenport, N.Y . 1 8944 10 :0O11M o'clock on about 19, 19 88 21. The parties aggree that' no broker is the broker wl, brought about Iltis'sale and the seller agrees to pay any commission earned thereby. 25. It is undeistood and agreed Thal all understandings and agrecmentshcrclofore had between the parties hcieto arc rlrerged in Ihis contract, which alone fully and completely expresses their agreement,alld that the sable is enlered into afle Intl investig ation, neither pally lelyingupon any sralcincnt or lcprescnlalion, not embodied in this contract, made by it littler. 'l he purchaser has inspected Ihc buildings standing oil said premises and is Thoroughly acquainted with their condilio and agrees to take title"as is" and in their present condition and subject to leasonable use,went, (car,and natural deletion lion between (!re (fate llicreof and the closing of title. 26. This agreement may not be changed or lcrnina(ed orally. 'lite stipulations aforesaid are to apply to and bind l' heirs, executors, administratuis, successors and assigns of the respective parties. 27. if two or more persons constitute either the seller or the purchaser, the word " Ilet" or the word "purchaser shall be construed as if it read "sellers"or "purchasers"wherever the sense of this agreeme t o requiles. IN WI FNESS WHEREOF, (his agreement has been duly executed by the parties her I. s EX s.s.# ,42Z7. — l -9-15L -- - — 'eor a e^•ai.kos Jordan' s Park Place, S.S.#_ _ td. Palltelis Pap ogl By- u i s , P r e s . S.S.# fit 'LO_— U 2 1 Constantine ervos 9.S.# STATE OF NEW YOR )LINTY OF ' T'TE e)F NEW YORK,COUNTY OF n0 19 before M* s before me Oil the day On tlia• (lay of 19, personally calve personally,came I to me known to be to me known to be the individual described in and who ex- ecuted the l foregoing instrument,and acknowledged that vidual described In and who eK- ecutcd the foregoing instrtnnent, and acknowledged that executed the same. execute31 the same. M: STATE OF NEW YORK,COUNTY OF STATE of NEW YORK,COUNTY OF ss: 19 before me19, , before me On the day of On the day of personally came personally carve to me known, who, being by me duly sworn,did depose aril say tome known and known tome to be a partner in that Ile resides at No. a partnership, and known to me to he the person dealnershibed h and who executed the foregoing instrument In the p I that lie is the name, and said Of dul acknowledged that lie executed the foregoing instrument the corporation dc:.cribcd Y in and i,ich executed the foregoing instrument; that he knows for and on behalf of said patlnership. the seal of said corporation; that the seal affixed to said instru- ment IS SUCII corporate Seal; that it was so affixed by order of the board of directors of said corporation, and that lie signed It name thereto by like order. 19. , at Closing of title under t]le within contract is hereby adjourned to ;title to be closed and all adjustments to be made o'clock, at as of 19 Diled, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of 19the purchaser thereunder. Dated, _...- - — -- 1'urchaser ---- --- - assignee ojllnchaser Of OlAtt pizr.•.ntlsrs ITT LF.NO. SECTION GEORGE MESAI.KOS, PANTELIS PAPAZOGLOU, C.ONSTANTINE ZERVOS and GEORGE TSAVARIS, ©LOCK LOT TO COUNTY OR TOWN JOADAN' S PARK. PLACE LTD. Recorded at Rrrl"Pst Of U:11FE TITLE INSURANCE Company of New York RETURN By MAIL TO Standard FOrn)of New York Board of Title Underwilters FREDERICK J. TEDESCIII Distributed by ATTORNEY AT LAW W11FE TITLE INSURANCE 218 FRONT STREET - sox 562 CorrlpalrYof New York GREENPORT, N. Y. 11944 Zip No. 516 477-2048 THE OBSERVANCE OF THE FOLLOWING SUGGESTIONS WILL SAVE TIME AND TROUBLE AT'I'IIE CLOSING OF 3-111S TITLE: The SELLER should bring will) hit) all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any ]cases, deeds or agreements affecting the property. When there is a water meter on the premises,he should order it read,and bring bills therefor to the closing. ired under Paragraph 5 if there are rnorlgages on the property, he should promptly arrange to obtain the evidence reciu of this contract. Ile should furnish to the purchaser a full list Of tenants,giving the names,rent paid by each,and date to which the rent has been paid. 'The f URCIIASGR should be prepared with cash or certified check drawn to the Order of the seller. The check may for the balance Of the settlement. be certified for an approxrinale :unO;ult and cash may be provided A � + CAEA.CA-S -------`- - -al ESTATE APPRAISER 1587 GRUNDY AVENUEHOLBR0OK, NY 11741 (516) 585-9111 • (516) 737.6319 February 18, 1988 Mr. Peter Almasy, Vide President Suffolk County National Bank 6 West 2nd Street Riverhead, Now York 11901 Re : s/E corner of Main Road (SR 25) Greenport, N. Y. Dear Mr. Almasy : In accordance with your request to appraise the above captioned property, please be advised that I physically inspected the above captioned property on February 16, 1988 . The subject property is vacant land and is designated on the Suffolk County Real Property Tax Maps as follows : District 1000 ; Scction 034 ; Block 02; Lot 001 . The subject is approximately 4 . 7 acres in area . The subject is zoned B Light Business .by. the Town of Southold. B zoning is defined in the zoning code for theTown of Southold in Article VI paragraphs 100-60 thru and including paragraph 100-63 . (See Addendum B) . The subject property has access from: 1 . Main Road (SR 25) ; 2. Main Street and 3 . Knapp Place . Therefore, it is the opinion ' of this appraiser that the highest and best use for the subject property would be retail sterns as permitted by zoning code. Income Approach - not applicable Cost Approach - Not applicable AIAVRIC..AM&N IAIIIIY AL♦I �.Ien•w•.f � IATIONAI ►MCIATION OF 7FAL 1.STATE Al/11AMEAS Comparable Sales Approach . Note: 'There have been no .rye-sales of vacant "A" Zoned parcels in the subject ' s area within the last six months, therefore all romparahles used are outside tYie subject area. 1 . 1001-4-10-28 . 4 ! Front Street, Greenport, N. Y . f Sale Date : 12-87 Sale Price : $140, 000 Plot Size : . 30 acres 2, 1000-61-4-1 Main Road, Sc)Uthc>ld, N.Y. Sale Date : 10-87 Sale Pricc: $435, 000 Plot Size: 2 . 3 acres 3. 1000-122-7-3 Main Road, Mattituck, N.Y. :e Date: 4-87 Sale Price : $350, 000 Plot Size : 4 . 1 acres eased on the research and analysis of the cbmparables listed =-.Jove, it is my opinion that a`.Fair Market Value of the suL as of February 16, 1988, is Five Hundred and Ninety Two 'ihousand -?ollars ($592, 000 . 00) . A,J :_ ...11:CA, CA-S, AAC A r ?I 5!4nd9rd N.Y.R.T.U.porm 80I4-20M— Mortgage—Individual or Corporation. .. ^ CONSULT YOUR LAWYER BEF I' SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS MORTGAGE,made the 18th day of February ,nineteen hundred and eighty-ei ht TWEEN JORDAN'S PARK -PLACE, LTD. , 801 Motor Parkway, Hauppauge, New York 11788 Ccn PAN�cc l S Pik pj}ZpGLo U) s, o , ` sz- Z� 5 free_-r Re lk lo.55 Ma n o i,- Al. /I q ;Z7 cJ the mortgagor, and THE SUFFOLI: COUNTY NATIONAL BANK, a national banking corporation having its principal office at 6 West Second Street, Riverhead, New York 11901 the mortgagee, WITNESSETH,that to secure the payment of an indebtedness in the sum of FOUR HUNDRED FORTY THOUSAND AND NO CENTS-------------------- ($440, 000. 00) ---------dollars, lawful money of the United States,to be paid - with interest thereon to be computed fro a date hereof, at the rate of per centum per annum,and to be paid on the day of 19 ,next ensuing and thereafter according to a certain bond, note or obligation bearing even date herewith, the mortgagor hereby mortgages to the mortgagee ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingAmAx near Greenport, County of Suffolk, Town of Southold . and State of New York, bounded and described .as follows: DIST. BEGINNING at the northerly end of a line which connects the easterly 1000 side of Main Street with the southerly side of North Road and from said point of beginning; RUNNING THENCE North 74 ..degrees 08 minutes 00 seconds East along the SECT. southerly side •of North' .Road 498. 74 feet-to land now or formerly of Davids; 034. 00 THENCE along said last mentioned land and land of 'Zevits, Angevine, Thilberg and Critchlow, South 33 degrees. 37 minutes 20 seconds East 343. 07 feet to land now or formerly of Flatley; BLOCK THENCE along said last mentioned land and land of Moore, Begley and Stavoh, South 74 degrees 33 minutes 30 seconds West 194.18 feet; 02. 00 THENCE along the westerly side of said land now or formerly of Stavoh South 26 degrees 26 minutes 10. seconds East 164. 64 feet to the North- erly side of Knapp Place; LOT THENCE South 72 degrees 43 minutes 40 seconds West, along the northerly 001. 000 side of Knapp Place 79.97 feet to land now or formerly of Green; THENCE North 26 degrees 23 minutes 40 seconds West along said last mentioned land 167.24 feet; THENCE still along said last mentioned land of Green and lands of others South 74 degrees 33 minutes': 30 seconds West 352. 65 feet to the easterly i, side of Main Street; I THENCE along the easterly side of Main Street North 25 degrees 25 minutes 20 seconds West 236. 36 feet; THENCE along the aforesaid line which connects the southerly side -of THENCE Road with the easterly side of Main Street North 19 degrees 25 minutes 40 seconds East 109. 04 feet to the southerly side of North Road at the point or place of BEGINNING. . TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the streets and roads in front of and adjoining said premises; TOGETHER with all fixtures, chattels and articles of personal property now or hereafter attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators. and piping, coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, 'kitchen cabinets;-incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises;together with any and all replacements thereof and additions thereto; TOGETHER with all awards heretofore and hereafter made to the mortgagor for taking by eminent domain the whole or any part of said premises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the mortgagee,who is hereby authorized to collect and receive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage.debt, notwithstanding the fact that the amount owing thereon may not then be due and payable; and the said mortgagor hereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to the mort- gagee, free, clear-and discharged of any encumbrances of any kind or nature whatsoever. AND the mortgagor covenants with the mortgagee as follows: .I._That thp-morlgagpz..rill.pay„the,Indebtedness as hereinbefore provided. 2.. .That the mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the mortgagee; that he will assign and deliver the policies to the mortgagee; and that he will reimburse the mortgagee for any premiums paid for insurance made by the mortgagee on the mortgagor's default in so insur- ing the buildings or in so assigning and delivering the policies. 3. That no building on the premises shall be altered, removed or demolished without the consent of the mortgagee. 4. That the whole of said principal sum and interest shall become due at the option of the mortgagee: after default in the payment of any instalment of principal or of interest for fifteen days; or after default in the pay- ment of any tax, water rate, sewer rent or assessment for thirty days after notice and demand; or after default after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the mortgagee for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has.been made payable in instalments at the application of the mortgagor or lessee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable in its entirety on the day the first instalment becomes due or payable or a lien. 5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver. 6. That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default thereof, the mortgagee may pay the same. 7. That the mortgagor within five days upon request in person or within ten days upon request by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any offsets or defenses exist against the mortgage debt. 8. That notice and demand or request may be in writing and may be served in person or by mail. 9. That the mortgagor warrants the title to the premises. 10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual extended cover- age endorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee. All of the provisions of .paragraphs No. 2 and No. 4 above relating to fire insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. 11. That in case of a foreclosure sale, said premises,or so much thereof as may be affected by this mortgage, may be sold in one parcel. 12. That if any action or proceeding be commenced (except an action to foreclose this mortgage or to collect the debt secured thereby),to which action or proceeding the mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of any litigation to prosecute or defend the rights and lien-created by this mortgage (including reasonable counsel fees), shall be paid by the mortgagor, together with interest thereon at the rate of six per cent. per annum, and any such sum and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or claim upon said premises attaching or accruing subsequent to the lien of this mortgage, and shall be deemed to be secured by this mortgage. In any action or proceeding to foreclose this mortgage.,or to ' recover or collect the debt secured thereby, the provisions of law respecting the recovering of costs, gis�urse- ments and allowances shall prevail unaffected by this covenant, and the holder of this .mortgage, in any action to foreclose same, shall be entitled to ' reasonable at -cney' s fees to be fixed bi.,%".he Court. 13. That the mortgagor hereby assigns to the,mortgagee the rents,issues and profits of the premises as further security for the payment of said indebtedness, and the mortgagor grants to the mortgagee the right to enter upon and take possession of the premises for the purpose of collecting the same and to let the premises or any part thereof, and to apply the rents, issues and profits, after payment of all necessary charges and expenses,on account of said indebtedness.This assignment and grant shall continue in effect until this mortgage is paid..The mortgagee hereby waives the right to enter upon and take possession of said premises for the purpose of collecting said rents, issues and profits, and the mortgagor shall be entitled to collect and receive said rents, issues and profits until default under any of the covenants, conditions or agreements contained in this mortgage, and agrees to use such rents, issues and profits in payment of principal and interest becoming due on thus mortgage and in payment of taxes, assessments, sewer rents, water rates and carrying charges becoming due against said premises, but such right of the mortgagor may be revoked by the mortgagee upon any default,on five days' written notice. The mortgagor will not, without the written consent of the mortgagee, receive or collect rent from any tenant of said premises or any part thereof for a period of more than one month in advance, and in the event of any default under this mortgage will pay monthly in advance to the mortgagee, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable rental value for the use and occupation of said premises or of such part thereof as may be in the possession of the mortgagor, and upon default in any such payment will vacate and surrender the possession of said premises to the mort- gagee or to such receiver, and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sum and the interest shall become due at the option of the mortgagee: (a) after failure to exhibit to the mortgagee, within ten days after demand, receipts showing payment of all taxes, waf any building on the premises ter rates, sewer rents and assessments; or (b) after the actual or threatened alteration,demolition or removal oses without the 'written consent of the mortgagee; or (c) after the assignment of the rents of the premises or any part thereof without the written consent of the mortgagee; or (d) if the buildings on said premises are not maintained in reasonably good repair;or(e)after failure to comply with any requirement or order or notice of violation of law or ordinance issued by any governmental depart- ment claiming jurisdiction over the premises within three months from the issuance thereof; or (f) if on application of the mortgagee two or more fire insurance companies lawfully doing business in the State of New York refuse to issue policies insuring the Buildings on the premises; or (g) in the event of the removal, dem- olition or destruction in whole or in part of any of the, fixtures, chattels, or articles of personal property covered hereby, unless the same are promptly replaced by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from chattel mortgages or other encum- brances thereon and free from any reservation of title thereto; or (h) after thirty days notice to the mortgagor, in the event of the passage of any law deducting from the value of land for the purpose of taxation any lien thereon, or changing in any way the taxation of mortgages or debts secured thereby for state or local purposes; or (i) if the mortgagor fails to keep, observe and perform any of the other covenants, conditions or agreements contained in this mortgage. 15. That the mortgagor will, in compliance with Section 13 of the Lien Law, receive the advances secured hereby and will hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improve- ment before using any part of the total of the same for any other purpose. 16. That the execution of this mortgage has been duly authorized byy the board of directors of the.mortgagor. 17. In the event that any payment. shall become overdue for a period in excess of fifteen (15) days, a late charge-of two (2) cents for each dollar ($1.00) so over— due may be charged by the mortgagee for the purpose of defraying the expense incident to handling such delinquent payment.: 18. This mortgage shall beccie .due and payable forthwith at the option of the mortgagee if the mortgagor shall convey away said.premises or if the title thereto shall irec-care vested in another person or persons in any manner whatsoever. k 19. The obligor shall have the privilege, at any time, to prepay this obligation . in whole or in part,. 20. The Lmpaid princix�al sum secured by this.mortgage shall bear interest at a rate per anniun equal to Prime (as fixed by Chase manhattan Bank for substantial New York City ccamiercial borrowers) plus one (1%) percent as said rate may change from to time, and shall be adjusted quarterly.on the rate in effect on the lst day of each quarter hereafter, until `the entire principal sum hereof has been fully paid, notwithstanding any default hereunder, or condemnation of the mortgaged premises. C1oNc1�yA1V66 Ta T©,�Q/¢�V'� PfRK Pe-f?c� LI i.� `` i�'o r Ii-cy VAT6- 7-11/1 C Ai c- C.1-40TC, This mortgage may not be changed or terminated orally. The covenants contained in this mortgage shall ✓'' run with the land and bind the mortgagor, the heirs, personal representatives, successors and assigns of the mortgagor and all subsequent owners, encumbrancers, tenants and subtenants of the premises, and shall enure to the benefit of the mortgagee, the personal representatives, successors and assigns of the mortgagee and all subsequent holders of this mortgage. The word "mortgagor" shall be construed as if it read 'mortgagors" and the word "mortgagee" shall be construed as if it read "mortgagees" whenever the sense of this mortgage so requires. IN WITNESS WHEREOF, this mortgage has been duly executed by the mortgagor. IN PRESENCE OF: JORDAN' S 'PARK PLACE LTD. By JO C. SUNIS, P17esident P IVTELIS PAP�Zt�Lvv STATE OP NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the. r, day of 1' 'b "U 19��,before me On the day of 19 ,before me personally came personally came to-me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. . S --j a- J �� nUI)AN POST ROGERS NOTARY PUBLIC,State of New York No.4739542-Suffolk�1Countty STATE OF NEW Y%W. 8I}ITY Ia'' fii O . SS: STATE OF NEW YORK. COUNTY OF SS: On the 18th day of February, 1988 ,before me On the day of 19 ,before me personally came JOHN C. TSUNIS personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. 108 High Street, whom I am personally acquainted, who, being by me duly Port Jefferson, New York . 11777. sworn, did depose and say that he resides at No. that he is the president ' of Jordan I s Park Place, Ltd. that he knows. , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h i shame thereto by like order. at the same time subscribed h name as witness thereto. Notary Public St1 AN I101$'T poor: NOTARY PUBLIC, Slate of New Yo Commission Expire,%April 0, 1ty8� ", � )Q SECTION TITLE NO. BLOCK LOT JORDAN' S PARK PLACE, LTD.. COUNTY OR TOWN TO Recorded at Request of THE SUFFOLK COUNTY NATIONAL BANK CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW PORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by SMI-TH, FINKELSTEIN, LUMBERG, ISLER AND YAKABOSKI CIMICA►GO TI11173.I0 AtMIREYS AND OOUNSELORS AT LAW INSURANCE COMPANY 456 QRIFFING AVENUE P.O. BOX 389 zip No. RIVERHEAD, NEW YORK 11901 w V W W O O Z 0 oc O O W N OOC IL W u s y x W Vl W ' 90 03 15 14: 12 '$72-- .'.0 MAIN OFFICE Q]001 THE SUFFOLK COUNTY NATIONAL BANK 6 WEST SECOND STREET •P.O. BOX 269 R IVERHEAD, NEW YORK 11901 (516)727.2700 March 15, 1990 JORpAN 8 PARK PLACE, LTD c/o John C. Tsunis 801 Motor Parkway Hauppauge, New York 11728 Propcxty: S/E Corner Main Street and North Road, Greenport, NY (Town. of Southold) Gentlemen: As per our conversation of March 13, 199o, you have agreod to re- duce the mortgage note #54671 from $440,000.00 to $340,000,00 and we have agrmHd to eSteIpd the note for twelve (1?) months from February 18, 1990 to February 18, 1991. The continuance of our first mortgage position is required. interest only will be payable quarterly at the prime rate plus one (1.)• poroent until the final payment at maturity, , when the entire principal balance of $ 340,000.00 plus interest will be due and payable. The interest rate will be the Prime Rate as set by. the Chase Manhattan Bank plus one (1) percent and will be determined at closing. The interest pay able each quarter will be computed and adjusted from time to time as the Chase Manhattan Bank announces changes to the Prime Rate. Mortgage title insurance and a current survey guaranteed to Suffolk County National Bank are required. Title questions and legal matters are subject to approval of the Bank's attorney with legal fees and disburse-. merits to be paid by you' as well ae recording fees. PREPAYMENT: There is to be no prepayment penalty. R4STRICTIONS: It the ,property is sold or coAveyed, this loan must be prepaid in full unless otherwise a5reed to in writing by the Bank. LATL CHARGES: A penalty of 2% of the amount due will be assessed if any interest payment or the final principal and interest payment is re- ceived more than 15 days after the due.date. PREPAID FINANCE CHARGE: A fee of one (1) percent of the extended mortgage amount will be paid by you, the mortgagor, at closing. APPROVALS*. This commitment is subject to compliance with all laws, rules,, regulations a.:id airdotivea of governmental bodies and agencies controlling or affecting this transaction and execution of all documents required and approval by our attorneys. THE SUF pOLK COUNTY NATIONAL HANK SIGNATURES: The closing instruments must be signed corporately and individually by John Tsunis, James Tsunis, Charles Tsunis and Pantelis papazaglou. ACCEPTANCE: This commitment to be effective must be signed and returned to the Sank within fifteen (15) days of the above date. This commitment will be void if assigned. Copies of our riots aA& mortgage forms will be made available to your attorney prior to loan cl.osinq upon receipt of a writtoll loan raquest by tho $.C.N.B, closing attorney. EXPIRATION DATE: This commitment will expire on April 30, 1990. No extension will be granted. INSURANCE: A general liability policy (binder not acceptable) insuring the Bank and its assigns as first mortgage for at least $340,000.00 must be delivered at closing. BANK'S CLOSING ATTORNEYS: Smith, Finkelstein, Lundberg, Islet and yakaboski, 456 Griffing Avenue, aiverhead, NY 11901 (727-4100) . PLACE oE cLOSING: The closing of this loan will take place at The Suffolk County National Bank, 6 West Second Street, Riverhead, NY 11901. OTHER CONDITIONS: (1) interest on $440,000.00 loan due February 18, 1990 and interest accrued since maturity must be paid to the date of closing. (2) Personal and corporate accounts to continue to be maintained- at the bank's Medford Branch for the life of this loan. Aggre5ato balances are not to fall below $50,000.00. If you should have any questions regarding this commitment (except for matters pertaining to the closing which should be referred to our attorney) , please call Peter M. Almasy, (516)727-2700 ext. 55. Very truly yours, Peter M. Almasy, Vioe-president Commercial Loans ti Approved and Accepted by: John Tsunis ames Tsunis Charles Tsunis q . Officers UTILITY OFFICE TEL. MAYOR Yllay e of reelzf POWER PLANT TEL. GEORGE W.HUBBARD INCORPORATCD 1838 _ NCW INCORPORATION APRIL T. 186e (5 16)477.01722 TRUSTEES RC-JNCOPPORATION VNOCR GCNCRAL LAW MAY 25. 1994 STEPHEN L.CLARKE �Ori JEANNE M.COOPER DAVID S.CORWIN GAIL F.HORTON 1 U '' . ��'�✓� r 0 NG 1SLA.ND SUPT.OF UTILITIES JAMES 1.MONSELL 236 THIRD STREET P.O.BOX AH GREENPORT.SUFFOLK COUNTY NEW YORK 11914 May 16, 1988 Mr- John Tsunis 801 Motor Parkway Hauppauge, New York 11788 Re: Greenport Commons North Road & Main Street Greenport, New York 11944 Dear Mr. Tsunis: Your proposed project of a 29,000 square foot Shopping and Office Mall with. water and sewer services has been under study with the Village b�f Greenport since 1986. - Sewer service with the Village of Greenport is not available at this time. Your projected sewer load was 2,022 gallons per day. You should make other arrangements for sewage disposal. Water service will be supplied by the Village Water Department at your projected load of 3,000 gal/day with a peak demand of 30 gal/min. When we have the capability to serve you, we will enter .into a contract. We should be in a position to enter into a contract within the coming year. If I may be of further service, please call. I Very truly yo rs, �? James I . Mansell Superintendent of Public Utilities JIM:nr cc: George Hubbard, Mayor All Village Trustees Utility Committee Valerie Scopaz Victor Lassard Q VIP li I i .I January 26 , 1989 I TUN� !I \ . I.;, , Honorable Edward Romaine . ��`'� ��`� ���� it 640 Montauk Highway, Upper Level Shirley, New York 11967 Re: Greenport Commons Route 25 'I Greenport, New York Tax Map #1000, 34, 2 , 1 Dear Ed: LH LH I L-i_j I hope all is well with you and your family this new year.- - - I am a principal of a group interested in de- veloping the above referenced parcel. I have ob- tained Town approvals to build a 29,000 square foot shopping center ( see sheet enclosed) a couple of years ago, but 'have been unable to connect to the municipal water system. It is my understanding that I am "nearing the top of the list" to connect, but in reality, can- not afford to wait any longer! A water test has been made, and I can drill a well on my property to service my needs, but the County Board of Health will not permit it since there is* a water main in front of the property! I am in a real catch-22 since the Board of Health says there is municipal water at the site; but the water authority says I can' t tap into it. I would appreciate it if you could inquire on my behalf at the County Health Department and/or JOHN C.TSUNIS CEO Greenport Water District, if I can drill a well 801 MOTOR PARKWAY for my needs now, until municipal water is avail- I HA.UPPAUGE. LONG ISLAND able. NEW YORK 11788 516-582-d000 4X: 5�6-582-�256 -- • 'I Your help would be most appreciated. Best regards, CCTU S rnC. �C :.S 1 I JCT/krh i Lu LH JCHN C.TSUNIS CEO 801 MOTOR PARKWAY HA.UPPAUGE. LONG ISLAND NEW YCRK 11788 a16-�82-a000 FAX: J 4cers MAYOR.Y . LLaye of greelz7O/'Z UTILITY OFFICE TEL. GEORGE W.HUBBARD INCORPORATED 1878 (516)477-1748 NEW INCORPORATION APRIL 7.1868 TRUSTEES REINCORPORATION UNDER GENERAL LAW MAY 28.1894 POWER PLANT TEL. WILLIAM D.ALLEN �y (516)477-0172 STEPHEN L.CLARKE �- , FAX(516)477-1877 DAVID S.CORWIN GAIL F.HORTON ;� �..•ff1� ._...�••O /5.3 r- .� .N G 1 S LAN SUPT.OF UTILITIES JAAtES I.MONSELL 236 THIRD STREET • P.O.BOX AH SUPT.OF WATER&SEWER GREENPORT,NEW YORK 11944 H.B.SHERMAN August 30, 1989 Mr. John Tsunis Greenport Commons 801 Motor Parkway Hauppauge, N. Y. 1.1788 Dear Mr. Tsunis: Over the last several years the Greenport Water department has had a ' severe shortage of water wells which has resulted in our inability to hook up , new water customers. This inability to hook up new customers has resulted in a backlog list with priority for hook up going accordingly to date of application beginning with the oldest date. , The Greenport Water department is currently on an ambitious expansion program and anticipates being able to hook up a significant number of new .,customers over the next 12 to 18 months. In order to enhanse our planning we must now update. the current water backlog list and determine what the "Up Front" fee will be. Prior to September 12, 1989 please forward in writing the following: 1. Name of Development 2. Number of Units 3. Date of Constriction (i.e. 36'units in 1991; 20 units per year commencing in 1991 for 4 years, etc.) 4. Date you are prepared to sign a' contract and pay the "Up Front" fee. If your answer is not received by September 12, 1989 it will be assumed you are not currently pursuing your development and it will be dropped from the list. Additionally, your proposed development is in an area that has the potential to take advantage of a sewer plant expansion project. 100 Years of Community Service August 30, 1989 Page 2 The current sewer plant is 50+ years old and must be updated and expanded to meet potential growth in the area around Greenport Village. To determine the size of a new Sewer Plant, an accurate count of the number of potential customers must be determined. In your response to the water questions above indicate if you desire to enter into a contract to hook up to the sewer plant and pay the "Up Front" fee. For additional information please call Hoot Sherman, Superintendent of Water Sewer at 477-1748. Very truly yours, n� hS ermann Superintendent of Water Sewer HBS:lkm i I September 1, 1989 H.B. Sherman, Superintendent of Water Sewer VILLAGE OF GREENPORT 236 Third Street Post Of fic Box AH J Greenport, New York 11944 Re: Greenport Commons Greenport, New York Dear Mr. Sherman: Thank you for your letter dated'August 30-, 1989 . LH Please be advised that Greenport Commons is presently under construction, and shall complete 29 ,000 square feet of commercial space by March, 1990. We are prepared to. sign a Contract for water and pV a reasonable up front fee immediately. Further, we are also interested in hooking up to the Sewer Plant, and pay the necessary upfront fees for that as well. Inasmuch as this project is presently under constructions we would appreciate receiving assur- ances that we will be able to avail ourselves of these services, so that we do not have to expend . monies for substitute water and sanitary. Should you have any questions, please do not hesitate to call. Very truly yours, Jo n Tsunis JOHN C.TSUNIS CEO 801 MOTOR PARKWAY JCT/krh HAUPPAUGE,LONG ISLAND NEW YORK 11788 516-582-4000 / FAX: 516-582-4256 - t 1<L'.iJ.L' l_I11.�1J1li� LEASE EXPIRES: JORDANS PARTNERS GREENPORT COMMONS MAIN ROAD, GREENPORT, NY RENT ABSTRACT ALEX POON LEASE EXECUTED: AUGUST 24 , 1989 LEASE COMMENCED: LEASE EXPIRES: DIMENSIONS : APPROXIMATELY 1, 870 LEASEABLE SQUARE FEET SECURITY DEPOSIT: $2 , 500 . 00 1ST YR: $ 28, 050 . 50 MINIMUM CAM $ 2 , 337 . 50 2ND YR: $ 29 ,453 . 00 MINIMUM CAM $ 2, 337 . 50 3RD YR: $ 30, 925 . 00 MINIMUM CAM $ 2 , 337 . 50 4TH YR: $ 32 , 471 . 00 MINIMUM CAM $ 2, 337 . 50 5TH YR: $ 34 , 095 . 00 MINIMUM CAM $ 2 , 337 . 50 6TH YR: $ 35, 800 . 00 MINIMUM CAM $ 2 , 337 . 50 7TH YR $ 37 , 590 . 00 MINIMUM CAM $ 2 , 337. 50 8TH YR $ 39 , 469 . 00 MINIMUM CAM $ 2 , 337 . 50 9TH YR $ 41 , 443 . 00 MINIMUM CAM $ 2 , 337 . 50 10THYR $ 43, 515 . 00 MINIMUM CAM $ 2 , 337 . 50 INSURANCE: 6 . 45 % CAM: TAX RENT: 6 . 45 % UTILITY RENT: SPRINKLER 6 . 45 % GRACE PERIOD: RENT DUE BY THE 1ST USE: A CHINESE TAKEOUT { r� !i)IUI'I'ING (AN 11:11 1.17NA, ^�L 1.111!1.1,1;/l!il:, ',,rill" list" 10th filly 111 August /lea IIIRq I'd• ruu) (lr.l,rr,1' JORDAN S PARTNERS, c/o John C. Tsunis, Esq. , wi.,1 h, of{ �le•„iflalll/I t:1111,I 801 Mo :o>;. Parkway, Ilauppauge, New York 11788 "I r:ittt �,lonil ,rr1 loll,, IlnolY Alex Poon, 127 Rivington Street Apartment 1—C New York, New York 10002 (h"Irinnllrr rnllyd "I.r!:vrr '). 11'I'1'IJ I•:;!:I:'III 1'II I:PII!il:Ji It,rrinl•rrr,l,rnllrrn,11lost or•a,r'r1ld,I11 lr:�t�tl;rrnnl'1e'loo nlyd,lntid I'tt Ihr•ertlal"''rnl1�rhu a1h,•,rl 111 e1!1ttntill 111.111 1111119 Ihr �ai,l (."call-, rn111 raill I.r•:•trr Irr•orltl• loll,"•", In Ira�r• un11 Inl.1• uinno lilt- 11,nty loll,, rtimlilin,l: tthith III.1011:111,•1 ,tirl,1•111, lilt- 11,1111111t1)!111•ar•1ittl•tl pt1,It'•,Iv: Approximately 1,000 square feet -ill - tile shopping center to bui1L at Lhe southeast corner of East Main Street- and Notth Road, Greenport-, New York. To be known as unit # I,r�anr ofr-rlyr.-I lift? 111, nl loll). Ilttu• 1111111 let rnlnntrncrnto•nI 4-1Itillllnr rrnealll"Iir'n by Iln• In r.hntiilr life (nrnllIln fitIln Irlrrd per ml•ti- frllhI'l Ihr All'ItpI'1)!"rnl"1 n1,n lotnnIllllrr Itit:ulltin"Ilttlnitting n�h-l:ulllnlly lilt: t.nmr 1ff11„I'll 111 !ain:nr (r11. !.nth 111!11l le Ito III- tr.1111,kr•d Ill' It,,- Is.••:aI lir 1:it1011!111111r1. Its list, I.'' rr al lilt, ndlhr-e ills, III-to 111:1hntr l'ilrlt; I.1t.-It sl,nll hr d"rnIl'd In I'ntr lot tslrl"d II't' ttt:n I,I"u1i::rs. Iln rn^rn,rl,l lIl, liilhl ti' nit la I'uand"II hf Iln• inrnllcr.I. II:I1�1 2. (a) (;nttnttrntr►nettl tit Trim 'II'' (r1n1 fit Irnsl• loud I.r-w1''r+ fill I1 Ilu1 In jolly It'nl "hall rtimmrnrI. un tile cnlllrr fit II'' I-1111rtvh41 dnlr ! (nl till- t11 IlulllllmlIftnrnitl,n I;shllrilr'�II!!I!"rmtltor l'1•^d/n' t111rs•Ivi:h11! nrthllrrl Ill I,r;:n1 loll,,,,"' Ih1 ),r.,'n•e.Ill ttlllll t. (h) Ihr 1hIr fill IVIIII-11 L.rarr 011111Ilp,n till-Irnlyd In"►r11:r:+ fillm► h .h11::� he Ihr InlI'lir, nhlt I1,err 011111 litsl 1n:rnr. IIto IVmIt 011111 I'r Ilrrrltrd lnrnlnplr11, II tiroly tt11nn, tlrl:,il•: Ill lrrotl0lt' rttieel Il Ill ru11.1t11uu1,� :) ,,r11110 rtrnl, 1r11tt111 If* Ill! 111r11r fee It Iloe. III'1•0y 1111'11111 i111'I loll, lilt rYtir It 011111 lir Ihw to, I V ill Its.V I'l lift live- nil r11111•,ti,, 1.1 11 flit!lltillt IV rill l 1l'II 111 111' 11111I11! by 1111! (I'1In 1/1, tit !•11:111 I11 11111'- it 1'I'llr itIll1-.n I 111111'('1.111 Lilt Ill I•nrl .,I lilt Irnn111• Ill Ihr t+,nl 111:11 11,n 1�1.11nllti,l oil III""loll, title Iv ( ! (I,.^•1 11,r I,( Ihr mlrnlh t„ lilt I.r•arr Rhnll Il:,vr nfrrnrl) lilt Iln,rll lnrnlltt.-I Ion huchn•c, It, Ihr 1,11111h. ,it n tl:,y 1,IhrI Iluu1 Illy Ilrtl they lit II'" Ilnn,lh, (hero Ill' II p.m 11,ormnh•r 011111 tnnnttr,lt r I'll lilt- 111s1 11:,y til 1ht tirnI Poor c,•r•11h11! file, r>,phnlltln of -mill titlely (:111)dny pR11n1) 'tly ornit 'IrKIRloll,Iloi- 1'nn'llo,l1:11 fnl,nllhl I'll llt11 low.mil I'll Ins 11Ilelnrt-. litIhn, 1•Iroll.hilwr.vrf, Ihr Lr^t"r. ,boll i I'ri Ilirnl hmr.l, ("nlrloinlyd tell Illy 1111a1a Il1 11 title Iy lIny h,Ilnll,) ttIllll II'" II'sI do}' Ill II'" ttttallh a•ht it 11,I' In•'rlondrt runtlnrurr� bill lilt 1n Icrttl:l I•1, 11•ttl, If ally -lllill br itnlll (n no cttldati"r It lift rel-111111 1, 11•,m ( ,' hr.Irof WWII II'rtrnllr' the fltI'tlt,lonl lrnl ',loll) In pelt)In';,lull, n� ,tr )' I� ullmelt` �!:':'fwll'r li��l-tl, WA VVPWI— �Ill h m,d ertty nfunh fi g Pdrnnct. .,ft. a/��'�/ + /"r'r "loch o1 Ih I Io nIi((rr 1p 1 (hp. cu �nornl d�t.rill-or lit louts fur Ill IIn1e Ibrfrnllrf, uptm lisp frtlnt�l of 111n olI'rf pnlly,It IrllI titectllp."filldrllver enrlf 1111111rr Inelluuu:nie n 1 any lie. appti, "it etllittp 1n1111 life dolt of comntrncrttlrnl null Ihr dal" of enpl,vellun of live (r•lm ul Ilth Irnsr. (Ir) Trr111 lot l.r.nea—'T'he 1"fln oI 1111- Irnsr sI'nll Isle lilt -10— yroll- loll', —0— mlrlllha(off 1111111 each Itfm n11n11 "'still'" ten-c "till txpllr• nt 1lrttlltmfler pftivhTrilj it, rntitiurntr Iln Ihr dnlr lixtll n+ "Ihr. tontinrneenrr„l dnlr," na Ile't111 Inolrlllrol, ttnll It1 tofd ten lilt tiny Which Iofecedt- lilt C nmslrrf-Wry of the Hite tit lilt tun'noenetlnenl of flop. trim. 4 ( Outsell, Ill► vrrulnnll 1 n+ hrl,'h1 drlI'trd null Inll1 lu Ilolm Irntrl•.a••lIlll tulll Ill I•l,rn III ',fl-Ifl nor' lilt tr le�,ti, �.h:dl lurvr, In hutlnr.:� (lolly (lsolmrdl AInrllrl) n11t1 ►.1n111t11 Iv1111111 lilt little hrlri" I'1 tin In lull"", till, tinl) Ihr ttllnlnnnn n1111111on In nny vend nil ►tlnrdltt lit 1011 polorlllrrt. llrr 11 1 oral hrtrin I,rtirldrd. Ir,til wl,llllunnl n t lot t pre 11:1) fill rntll ntt11 Arty 11:,y Ilr.'1 Iht I t--re ail:I t...... t In do I11t-Illort+ lot hrot'I" potirlJrtl;-n111 nrldilltinal o"ntnl",tall lot tlrtnlyd ti tiny ptrctnlnrr Itnl Ihul 1111r1,1 Ilnve brt•11 en tt llyd Ihn ltlr etll11 prlitld Ill tile L"csrr'- Irlll - rrt,I+rt'r-• 1 60. Landlord will carry fire ^ building and common area liability insurance covering the shopping center and common areas and tenant hereby agrees to pay the landlord its proportionate share of the ins-u0 n'ce pursuant�� I to paragraph b) . 61 . This lease is subject to the t� obtaining the necessary. permits for any and all municipal agencies to operate the subject premises at the tenants sole cost' and expense . The tenant shall diligently file necessary papers to obtain -same . 62 . Tenant , at his sole cost and expense , will install his own septic tank , cesspool and any other improvements to satisfy any and all requirements of Suffolk County Department of Health and the Town of Brookhaven . Maintenance for the septic tank and cesspool shall be paid by the tenant ,ti.. � C�nA6- 63 . Tenant shall commence any and ffll work within fiftee ( 15) days of receipt of notice by the landlord to commence said work Tenant shall complete all underground improvements within sixty - (6 ) days o commencement of said �wMork . ����/ any work not provided in the work let or any work required by the mu ue to the tenants use , including , 65 . In addition to base and maintence rent , any charges incurred by the landlord as a direct result of tenants use (i .e . cleaning of tenants greasetrap) , shall be charged to the tenants as additional maintenance rent , and such rent shall be due upon demand . 66. In the event Lessee conveys its interest in the subject premises or the principals of the lessee transfer their interest in the lessee , within months of occupancy , the lessee shall submit a copy o1 the contract providing for said sale , and the Lessor shall be paid by the lessee twenty-five percent ( 25%) of the sales price , in cash , upon consumation of said transaction 67 . Lessee agrees to place a "coming soon sign" in window with fifteen ( 15) days , .and agrees to install an overhead sign within five (5) weeks . JORDAN ' PART , S , � ' LANDLORD By: a e JOHN C TS NI , PA ER ,TENANT By; Date ALEX P00 -� .2'9 . ��• Tom•-�t- A4"0 CV [WEI SINK r, ( 16) SHOPPING ccNTEII. LL'/�►SG 9 C)Qt• 9 ,,, 89 TIIIS Lrnril;, sonde lhi;I `�St dny of ''� 1tl:tiveerl JORDAN'S PARTNERS, c/o John C. Tsunis, Esq. , wrirnllrr°1.1£(�Ice1Ilr`�t�rcalled ��O1 KQ,tor. Parkway, Hauppauge, New York 11788 "ht•s,or ),find ,seared prlrly SIIOP WITH US CORP. , Post Office Box R M �lg� �Tlal;p New York 11764 (hcrr.innflcr i et Lessee WI'I'NESSI?;1'111: 1'll[;MISfiS L The Lessor, For and ill consificrfil.luto of Life, rt fits, covrImIlk, slnrrnvnla anti hlipulnlivns hrteinrlfter mentiunt•rl, reserved, lensed, and rr.nlcd, find by these (nr,rnl.s dues Ilrteby It'ase sits rls unto Lhe said Lessee, sari said Lessee hereby ngrr(.s Lo Itmse flood lake upon the Irloots flood comlil.inns which 1 y Approximately 3,300 square feet in hrrrinitller nlrl+rnr, Lhr. fullotvinl!tl(•,crihc,) pro lr•rl the shopping center built at the southeast corner of East Main Street- and North Road, Greenport, New York. To be known as unit # with the approximate dimensions of 60' x 55' . Lessor reserves tit[' rli!ht, fit ally dale prlor to rf Pill menceltt I'll l, t,f 111WHor construction by tha+�,ssee, to rhsnitr the locfil.i000 of Lhr Icnret) prrntisen withhl lift sthoppinlf center area In another luesliun containinlf� snhslanl.inlly Lllr, :suor. nmubr.r of c(Imlte feet. ,^rtich ril;lll.is Lri b+• (.r.crciw d by Lhe I,rrsor by Riving!nulicn Io lilt 1,+'ss(.c al. Ihr, adrh(.rs fitsl.bcrcinabov(:I;ivrn;Lessee shall br Ilcrinr(I lrr htivr nccrplrrl the uety pt(.misrr. No rslselnrnl for light or nit is included in till- premises. 1'I;Ill41 2. (n) Conolneocrnlrot of '1'rrin '1'hr t(.rm or Ihis lens(. anti Lrssee's obligntiotl to pny real shall cntnnlrnc.e on Lhr cnrlirr of tile, followlnll tlnlem (11) I.hC dtlle which is Ihilly (.10) (Illys filler Ilse Lrs,or r. snpr.rvish,l( nlchiLrcl. or l,c.^�:or uuliflen Lhh Lc!tsrr Ile tvrillnl! (list.the wort( fin I;xhilril 'Il"is cnnlpl�Ir tl, of., (h) Ihr date ch which Ler,cr, rh1t11 oprm tit(,Imired inemi,rs fur buninrs, to the ptthlir„ whichrerr rlltlll fiat occur. No wont shall -s dcrmctl incomplete if only minor dr•L:lils (+f conshllctifnt or nlethmicrll ntlill-AInt•nls tcnittin to be (lone or if the tlehy in colltplr.linll tit(- worl( shall be flue to speci;d wol l;,VII II;` nitrrrllinna• or nd(litlons required to he tllnde Illy till! telnurl, ,or shall Ile cnllm'd by 0011V err (IrI:mlll on Ihr p:ot of Lltr teonol.. In Llto cvrnl. Lint Lhe cxllhnl.itoo of Lhe rntd Illirl.y 00) tl:ty• prittid fill(.. not.ocr.ur oil Ihr lust tlay of Lhe n1V11111 yr the Lumwe shall lnlvn opened I.hr Irara•tl l+r(mi.^•r. far busin(sr to lilt I+uhlir. on n day til.11er 1.111111 the firm (lay of rile IllonlF/, then the feral limetolder shall coornlcllrr, till Ihr• 140.(lily of the month next. rnccre(lity! Lhe rxpirtll.itm of said Ihirly (10)(lay pl•rintl ;IV Irld SfV1'CtI1 C1 if1"IICIIt11111I+tI11(111II1 (tills leased ,nrrltist:s for busilles9. Ito dint event,however, the Lessee shall 1 :_ pr.r dirnl hasi. (cnlcnlfilyd on Lhe haris of n Lhi11.y (lay Inonl.11)�h'lll toll.iIhrtt l lid tin ttlt'ctly rlrlaner.tile (tvlillh arlf,lionllfr Irtol ht(molder commrticrs (hilt I.hr pelrrnlal;r teal, If fillyI hrll•of :old Ihrl(:1It(•r Lhr miniomm rent rlmll be paid in equ:d nlrnllhly insLnllnlell1,uol the first day of ench still every month ill ntivfince. f;tlell of the parties hereto ollrees that,upon the colTlnlencenlent 1.,te of this lease or front lime to lime thcrcafLcr, spun the refines( of the other poorly,It will rttecttte..flood deliver such further hrstrument�ns nlny Ile npprnprinLe selAini! ftirl.h till,dale of cnnunrncrment mitt the dale of rxpiral.ion of the Icrm of lltis IcasC. (b) 'I'(.lm of I,,rnsr, The tt roll of this Irn!te shall be for —10— yo•1ns:Intl —0— olttioolhs(or unl.il such .te1m ollnll sooner cerise sntl explre tis hcrehrofler provided) to colnnlrlle (311 lilt dolt fixed as "tile commencement dale" its herein provided, sold to Colt) an the Jay which 1, 1:cedes Tile nnniversary of lice date of the cotlttaenccmenl,of the term. with two (2) five (5) year options.. (SEE PARAGRAPH 66 OF LEASE) PL�►S (� 111T7�!'•Z?�•�'�7t':+1Y'<`E(r�t7to��'LIl('—eYrntr-�t't1 �f�(tPt'-rPP.M�'4`rF-r/tTtlP/�t�111E--N1('-tPntN'rI-�prP,rtt ready for occulmocy na he.reln defined nml fllils to I. possrssiml find to (+pen the �'i 11 rC9 for �(AL business fully fixUtred, sturlted nod rtaffed wilhin the tine hrivio ill Ir Lessor shall have. in ( sl1111ju n to ntly rim) ,it rrnu•dics herein provided, Lhr. ti rl ls-tt 1 Ion lv cullrcl not truly the mininnnn Irnl, helvill provided, hill. fiddil.iuny �rrt-t.lfv rare of s per (lay far ca(.lt anti rvt ry day that Lhr Lrsree -fai r cuunnencr lu do bllshtcs,ns herein pruvidrd;sai(I ndditionnl rental shall Ise decal tw-bt•t let of any i+erccninge rent lhllt might lulve been enrm d during such perivd of the l.cs.^.ec's lei .w 60. Landlord will carry fire, building and common area liability insurance covering the shopping center and common areas and tenant hereby agrees to pay the landlord its proportionate share of the insurance costs pursuant to paragraph 3 (b) . 61. This lease is subject to the tenant obtaining the necessary permits for any and all municipal agencies to operate the subject premises at the tenants sole cost and expense. The tenant shall diligently file necessary papers to obtain same. 62. Tenant, at his sole cost and expense, - will install his own septic tank, cesspool and any other improvements to satisfy any and all requirements of Suffolk County Department of Health and the Town of Southhold. Maintenance for the septic tank and cesspool shall be paid by the tenant. 63 . Tenant shall commence any and all work within fifteen ( 15) days of receipt of notice by the landlord to commence said work. Tenant shall complete all underground improvements within sixty ( 60) days of commencement of said work. 64. Tenant shall pay to the landlord, prior to possession, for any work not provided in the work letter attached, or any work required by the municipality due to the tenants use, including, but not limited to, installation of grease .trap. 65. In addition to base and mainytence rent, any charges incurred by the landlord as a direct result of tenants use (i.e. cleaning of tenants greasetrap) , shall be charged to the tenants as additional maintenance rent, and such rent shall be due upon demand. 66. In the event Tenant wishes to extend its lease an additional five ( 5 ) years, Tenant must notify Landlord by certified mail not later than ninty ( 90 ) days prior to expiration of the lease term. Upon receipt of said notice, Landlord and Tenant shall in good faith negotiate a new rent schedule. In the event that a new rent schedule cannot be agreed to prior to the termination of the current term, then in that event, no extention of lease shall be in effect, and the lease shall terminate as provided in this lease. 67. In the event Tenant excersises its rights to the five ( 5) year option provided for in paragraph 66 above, then at the expiration of the extended five ( 5) year term, Tenant shall have the right to extend the within lease for an additional five ( 5 ) years pursuant to the same terms and conditions as provided for in paragraph 66 . 68. Tenant shall have the exclusive right in the center to sell beer, milk, ham and bolongna for off premises consumption. Not- withstanding this paragraph, another tenant may sell ham and/or bolongna sandwiches. 69. Tenant shall have the right to make interior changes as long it conforms to all codes in order to fit the needs of the above mentioned business. JORDAN' S PARTNERS, ,LANDLORD By: Date JOH C T.S NIS, ARTNER SHOP WITH CORP. , ,TENANT By:. is Dat&-of 15 PLESNIK, PRESIDENT flf,l RE'lTV CHANGES : LEASE EXPIRES : JORDANS PARTNERS GREENPORT COMMONS MAIN ROAD, GREENPORT, NY RENT ABSTRACT SHOP WITH US LEASE EXECUTED: OCTOBER 9 , 1989 LEASE COMMENCED: LEASE EXPIRES : DIMENSIONS: APPROXIMATELY 3, 300 LEASEABLE SQUARE FEET SECURITY DEPOSIT: $7 , 426 . 00 1ST YR: $ 44 ,550 . 00 MINIMUM CAM $ 4 , 125 . 00 2ND YR: $ 44 , 550 . 00 MINIMUM CAM $ 4 , 125 . 00 3RD YR: $ 46 , 778 . 00 MINIMUM CAM $ 4 , 125 . 00 4TH YR: $ 49 , 116 . 00 MINIMUM CAM $ 4 , 125 . 00 5TH YR: $ 51 , 572 . 00 MINIMUM CAM $ 4 , 125 . 00 6TH YR: $ 54 , 151 . 00 MINIMUM CAM $ 4 , 125 . 00 7TH YR $ 56 , 858 . 00 MINIMUM CAM $ 4 , 125 . 00 8TH YR $ 59 , 701 . 00 MINIMUM CAM $ 4 , 125 . 00 9TH YR $ 62 , 686 . 00 MINIMUM CAM $ 4 , 125 . 00 10THYR $ 65, 821 . 00 MINIMUM CAM $ 4 , 125 . 00 INSURANCE: 11 . 38 % r CAM: TAX RENT: 11 . 38% UTILITY RENT: SPRINKLER 11 . 38% GRACE PERIOD: RENT DUE BY THE 7TH - 4% LATE CHARGE USE: A SUPER MARKET OPERA`.CION, BUT NOT LIMITED TO BEER, SODA,MEAT PRODUCTS,DAIRY PRODUCTS,PRODUCE, AND ALL ITEMS NORMALLY SOLD IN A SUPERMARKET ;e r �pEE -c[i Y HEW BEpgY•TGiY.N LL.� 201-930-9333 FAX:201-930-1833 STUR �$ DIVISION OF McCRORY CORP. 50 TICE BLVD.,WOODCLIFF LAKE, NJ 07675 E)(ECUTIVE DIVISION November 10 , 1989 Mr. Haig Soltanian TSUNIS ASSOCIATES , INC. 801 Motor Parkway Hauppauge, NY 11788 Re: Proposed McCrory Store Dear Haig: I am writing to confirm my understanding of the terms for a new lease in this proposed Greenport Commons . Specifically, I would be willing to recommend to my Real Estate Committee the following proposal: LOCATION• S/E Corner Main Street and North Road, Greenport, NY STORE SIZE: 8 , 000 sq. ft. ground floor area and 2, 400 sq. - ft. of mezzanine area. The building shall be constructed in accordance with the "TK-1" plans and specifications dated August 1, 1989- This letter acknowledges your receipt and approval of plans and specifications. TERM: 10 years plus four 5 year options; six months prior written notice for exercise of option. MINIMUM RENT: . Initial Term Years 1-5 $72 , 800/yr ($9.10 psf) 6-10 $82, 800/yr (10 . 35 psf) Options Years 11-15 $94, 000/yr ($11.75 psf) 16-20 $106 , 000/yr ($13. 25 psf) 21-25 $118 , 000/yr ($14 .75 psf) 26-30 $130 , 000/yr ($16 . 25 psf) r e t` Mr. Haig Soltanian November 10 , 1989 Page: 2 Rent to commence the earlier date of 75 days after Landlord delivers physical possession of the premises 100% complete to McCrory Specifications , or the date McCrory opens for business , whichever shall be earlier. PERCENTAGE RENT: Initial Term Years 1-5 4% over $1, 950 , 000 6-10 4% over $2, 000 , 000 Options Years 11-15 4% over $2 , 350 , 000 16-20 4% over $2, 650 , 000 21-25 4% over $2, 950, 000 26-30 4% over $3 , 250 , 000 COMMON AREA MAINTENANCE: McCrory to pay, on an annual basis , its pro rata share. Estimated first year charge $6 , 000 = 8 , 000 sq. ft. x $0 .75/sq. ft. ) Administration fee not to exceed 10%. McCrory reserves the right to audit Landlord' s CAM books and Landlord agrees to reimburse any over- payments to McCrory. First year' s CAM charges will not exceed 125% of first year estimate and will thereafter be capped at 7 .5%. INSURANCE• McCrory to pay, on an annual basis , its pro rata share. Estimated first year charge $2, 000 = 0.25 sq. ft. x $8 , 000/sq. ft. . REAL ESTATE TAXES: McCrory to pay, on an annual basis , its pro rata share. Estimated charge $8 , 000 = 8 , 000 sq. ft. x $1.00/sq. ft. . I-t-4.3- ulrc'cczo .... .�_`._ - - - '-4 1 1 t nrr_ca / L�S A.f.S►gr-�i=., far r r' Mr. Haig Soltanian November 10 , 1989 Page: 3 PRE-OPENING ALLOWANCE: Landlord to pay to McCrory (on the date it opens its store for business) the sum of $35, 000 , for pre-opening expense,+. MAINTENANCE: Landlord: Exterior, structural, roof , HVAC (replacement) , exterior electrical and plumbing and sidewalks . McCrory: Interior, HVAC (repair and maintain) , interior electrical and plumbing. INDUCEMENT TENANT: Shop With Us food market, $,)80 sq. ft. . Should Inducement Tenant cease operations .-and Landlord has not replaced within 6 months, McCrory has option to cancel the Lease. SIGNAGE: McCrory to install its typical signage upon the premises . Also, McCrory to be permitted prominent signage upon pylon, if any is allowed by local laws. EXCLUSIVE: Landlord shall not lease any space within the shopping center to any tenant for the operation of a variety store; a bargain, budget or close out store; or a general merchandise retailer occupying 1, 500 sq. ft. or more, located within 100 feet (on either side) of the McCrory Store . LEASE FORM: McCrory Lease form. If the above meets your approval, please sign and return to me the enclosed copy of this letter. It is understood that there is no agreement until proposal is approved in behalf of McCrory and a lease is executed by both parties. Mr. Haig Soltanian November 10 , 1989 Page: 4 In the meantime, should you have any questions , please contact me. Very truly yours , Accepted and agreed to this McCRORY STORES day of 1989. David W. Ambrose Real Estate Director DWA:lac cc: John C. Tsunis VICTOR LESSARD Town Hall, 53095 Main Road PRINCIPAL BUILDING INSPECTOR � P.O. Box 1179 Southold, New York 11971 (516) 765-1802 0 ``;4 FAX(516)7654823 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD STOP WORK ORDER TO: JORDANS PARTNERS 801 MOTOR PARKWAY, HAUPPAUGE, N.Y. 11788 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1000 MAIN STREET & 160 MAIN RD-Rt. 25 , Greenport, N.Y. TAX MAP NUMBER 034-02-01 Pursuant to section 100-282-B of the Code of the Town of Southold, New York you are notified to immediately suspend, all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Permit was issued in error, Zone was changed by the Master plan from a B zone to a Residential office Zone. Office and retail stores are not allowed in this zone. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: Work may be resumed as soon as this zone change is resolved ty the Town Board and okayed by the Planning Board. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED:NOV. 30, 1989 J 1 URTIS W. HORTON SENIOR BUILDING INSPECTOR —CO: ROCSEVELT SAVINGS 3ANK PAGE 2 GRE=NPCRT COMMONS JOP,DAN' S PARK PLACE, LTD. CONSTRUCTION BUDGET DATE SEPTEMBER 3, 1989 HARD COSTS DESCRIPTION SCHEDULED VALUE 1. CONCRETE WAL LS, FTGS $157,300.00 SITE,SL",B, FOUND. 2. DOMESTIC WAT"cR SERVICE 55,000.00 3. DRYWALL INTER FINISHES 571,050.00 4. ELECTRICAL ROUGHING, $118,000.00 SWiTCHES, FINISHING 5. EXCAVATION S67,000.00 6. HVAC & GAS PIPING $146,000.00 7. MASONRY $145,000.00 8. P13G ROUGHING & FINISHING $46,600.00 9. ROOFING,DRAINS,DOWN SPOUTS $30,000.00 10. SANITARY ONSITE DRAINAGE $72,000.00 11. STRUCTURAL STEEL $43,500.00 12. WOODWORKING,STOREFRONTS, $328,000.00 DORMERS, INSULA,SHEATHING 13. LAWN IRP,IGATION S6,000.00 1.4. LANDSCAPING $15,000.00 - =15. PA,VING,STP,IPING $4-5,000.00 - - 16. CONTINGENCY FEES S4,550.00 17. PAINTING $20,000.00 18. MANSARD & FRAMING $60,000.00 19. FLOOP. COVERING $30,000.00 TOTAL HARD COSTS $1,410,000.00 PAGE 1 TO. GREENPORT COMMONS JORDAN' S PARK PLACE, LTD. CONSTRUCTION BUDGET DATE. SCPiE:4BER 3, 1989 SOFT COSTS 7fTT:FTTT��*S:t�;;lt:F:f 7Ct?[:F k:k t'*T�'t y'T�'7C:t 7FtT;FTT7CT�t lF7Ft�**t* DESCRIPTION SCHEDUL=D VALUE 1. LAND $5 907 000.00 2. ARCHITECTURAL FEES $20,000.00 3. BROKERAGE FEES S42,500.00 4. LEGAL FEES $25,000.00 5. INTEREST $100,000.00 o. ACCOUNTING COSTS 55,000.00 7. DEVELOPER FEES S65,000.00 8. ADVERTISING $5,000.00 9. BONDS $2,500.00 10. SURVEYS $10,000.00 TOTAL SOFT COSTS $700,000.00 TOTAL HARD COSTS $1,410,000.00 TOTAL CONSTRUCTION BUDGET $2,110,000.00 , r March 1, 1990 Mr. & Mrs.. William Kart 611 Bailey Avenue Greenport, New York 11944 Re: Greenport Commons Greenport, New York Dear Mr. & Mrs. Kart: TSUNIS I received your letter addressed to the Southold Town Board of Appeals dated February 28, 1990 . I am sorry that you are experiencing a "con- tinue flow of. garbage into your yard" . This is in- deed .the first time I have. been apprised of this situation and you may rest assured that a. . barrier fence is immediately installed. 'As 'a`home:. owner and attorney, I am most sensi- five to_ ones' `quest ,for ` privacy "and quiet enjoy--, ` ment, :. and I ,-will- see to it tha ''you.-.are not pro- vided. with 'some_relief" , ,but _ complete-relief from -"this nuisance ± It is 'my earnest desire to "build a most aes- thetically pleasing. building to°be called Greenport Commons- `"which'_would" not. only- provide necessary., and..: convenient services and - , products to the . greater Greenport .:areA..`but-will, also be a" compatible. and sinsitive :neighbor.... Should you wish, I would be happy to meet with you.. to discus's these plans and would seek to accomodate any and all- reasonable concerns that you may have concerning "this..property. Thank you for your kind attention. V y ulY you Joh C Tsuni JOHN C.TSUNIS CEO JCT/krs 801 MOTOR PARKWAY cc: ,- Southold Town Board App als HAUPPAUGE,LONG ISLAND NEW YORK 11788 516-582-4000 FAX:516-582-4256 William. & Joan Kart 611 Bailey Avenue Greenport New York 11944 February, 28, 1990 Southold Town Board of Appeals Main Road Southold, New York. 1-1971 To Whom It' May Concern: We are writing to express our concern regarding the current construction of the , "Greenport Commons" located on Route. 58 in Greenport, New York. Our property is- adjacent to the ' rear. corner section of _this. area .and there is ' a .continuous 'flow of garbage into `our yard. : This is substantially, interfering with our .privacy .and with the quiet -enjoyment of our property to the extent:..that we are.. .' considering commencing a legal action against -this concern for private. .nuisance. We would hope that ..a -fence 'separating. our .property ;from this;'`activity .will .be.;.,erected by =_'Greenport:'.Commons as -.soon ;as possible .. n order:_to .provide us with some relief We 'are also an, ic°ipatng ..the lighting arrangement that:,'; ill :be installed for the parking lot aha can .foresee a :problem .arising there In essence, ;:we .,are .: '_ `stering this' f:ormal:;compla it `to .ap r se:.you of th`e situation:.with ;.the °expectation ;that .you will ,aakc these factoz into consideratzon when granting "Greenpart ,Commons" <a variance :y In ;:addition:; we would hike to: notify you ,:regarding .dangerous situation -at •.the .intersection- of .'Sound Avenue and Main _ Street �e :are'already aware:.,;cif 'minimum- of :fo{ir; Deaths at :.chat - point within, the :last two ;years_ and hope , for tFie safety.:of; our family. and .the public: in"general that a remedial measure is taken within ;the near .future (i:e stop hzglit, traffic light, etc.). Any` assistance -that ,you Could give us ;would be' greatly appreciated and ;we-would,.:ask tlZa`t this letter be`.kept',.on file : Thank you for :your .'courtesy ;and .cooperation Respectfully,, G��-• William' & 'Joan Kart: _cc Greenport Commons /�DID � �(.:-� b r;N;gY .1�:, '�S'� ,a.,,.��n�tGi.k, ..,_''."'• & �' T � �n ',�,c�,��^��,,yy''��,,.$:�.+,+,-Y:,�,'}�!`�`-s�,-�°.'4w,,et�t�y'tb�,^� - -'>'� r»- ,...•.�"-."��+ i ...( +.:7+'^?.i'{.wS.X.,...�` fl�^ ih�•.i�ry6� rt ;r �o'�'^(r�31F:. �-�1.. 44Y,yj��+¢ '�°"' 7S _ �,.1 h �' /1l`�"j[ �aj'!1-'•� •1.�;" 1bT5pj� � '.-^'C�.#xi �'`' } Of • �p',k, }... `:..a�`."'yp` 1..sip ''"!..� S`���� ��\y� ,..,."° r A � ✓ •J t �1�}��v nL'�id�s���� ����r�ri 4; L °"1 t"jy*l�tcrrtfi% r � � R �r4 �Q- J J` �b`�"1 >�5�..1 F"�� Tt •r_ � '��.'.� x, y`- .I" *:Cs. :'�,�'s+" J',syt"i ,{e •I`S� t x,` ' - 3v,-e-F- V }t ��4• , _ ��`� y��-''�Y ,�� rti�!•,e�yam,'�' a 4 > ia.9�:-... � '. � �s .,i•tEt+� , �r t t� � ',i lot THE ASSEMBLY STATE OF NEW YORK 1 1� ALBANY atZ G • k1'CLSIUM /O/Y/-/J�d1 JOSEPH SAWICKI, JR. ALBANY OFFICE ITT ASSEMBLY DISTRICT ROOM 721 RANKING MINORITY MEMBER LEGISLATIVE OFFICE BUILDING COMMERCE.INDUSTRY ALBANY, NEW YORK 12248 AND ECONOMIC DEVELOPMENT (51B)455-5294 DISTRICT OFFICE COMMITTEES AGING April 3, 1990 107 ROANOKE AVENUE AGRICULTURE RIVERHEAD. NEW YORK 11901 (S16)727-1363 Mr._ James T":_74loski Regional.:bl.Director Dept. Gil -ansportation Veterans rt morial Highway Hauppauge, New York 11788 Enclosed June 27, 1988 Letter to Joseph Sawicki from Former Regional Director, Michael J. Cuddy - Our Request for a Three Color Traffic Signal at the Intersection of County Road 48 and Main Street in Greenport Dear Mr. Kuzloski: During 1987 and 1988 on behalf of residents of the Sound Road vicinity in Greenport I requested that your Department perform a study as to the feasibility of implementing a three color traffic signal at the potentially dangerous intersection of County Road 48 and Main Street in Greenport. Enclosed is the final response to our quest dated June 27, 1988 in the form of a letter from your predecessor. Specifically, in the last paragraph on the first page of that letter, Mr. Cuddy addressed the new condominium subdivision, as well as future retail stores, and the impact it would have on this intersection. He indicates that when and if the condominiums and retail center are built, that a traffic signal will be installed. He also indicates that the developer will be responsible for improvements to the existing traffic signal. From all indications, the new condominium complex is scheduled to begin construction soon; and 'to further complicate ' the situation, the new 29, 000 square foot shopping mall has already begun construction. Enclosed please find for your information the advertisement indicating that "Greenport Commons" will be available soon. Apparently, the Southold Town Planning Board has indicated to residents' of the Sound Road area that they had no knowledge of Mr. Cuddy's indication that the developer was to install-such a new three color traffic light at this very : dangerous intersection. As you can see, time is now of the essence',"" siince Mr. James Kuzloski Page Two April 3, 1990 these two new traffic generating plans will impose a great amount of traffic congestion and confusion at this intersection. Would you please have your Department investigate this matter again and contact the Southold Town Planning Board, if necessary, if the developer must install the three color traffic signal. In any event, I must reiterate to you how important a traffic signal is at this intersection, especially with the upcoming projects just months away. Thank you very much for your attention to this matter, and I eagerly await your response so I 'can pass it along to those concerned residents in the Sound Road area, as_ well as to the other town residents who must travel this intersection. incerely,- JOSEPH SAWICKI, JR. Member of the Assembly JS:tf Enclosures cc: Mr. and Mrs. James Dinizio, Jr. Ms. Valerie Scopaz, Town Planner - r Town Hall 53095 Main Road P.O. Box 1179 `c- Southold,New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 2, 1988 .Dale Grippo Tsunis Associates 801 Motor Parkway Hauppauge, New York 11788 RE: Greenport Commons Site Plan S/e/c State Route 25 and Main Street, Greenport SCTM# 1000-34-2-1. :. Dear Mr. Grippo: As per our telephone conversation on Thursday, July 28th, I both reviewed the file for the above-referenced project and discussed same with the Planning Board. The site plan was approved in 1986. The approval still appears to be valid at this particular point in time. The policy, copy enclosed, of which I and my staff spoke, pertains to all site plans seeking approval from the Board. In the future, site plan approval will be granted after water (and sewer) contracts- have been satisfied to the Village's standards. However, for site plans with approvals already, the issuance of a building permit is still dependent on written notification by the Village to the Town that all terms of the water and sewer contract IWve been met to its satisfaction. The Village' s May 16th letter -to John Tsunis indicates that there are no contracts for water or sewer in effect at this time. I trust this answers j6ilf questions. Sincerely, Valerie Scopaz Town Planner cc: Bennett Orlowski, Jr. Planning Board Chairman Victor Lessard, Building Administrator. James Schondebare, Town Attorney ]d r - L _ ESTATE OF N`__YORK 'IEPARTMENT OF TRANSPORT);' �)N -__PERM 42f (11185) tr` .� 11 � +nibl n SH No. 1719 - .. ._ Permit Fee $�'S4_Q(�_ Est.Compl.Date A1221BG ins. Fee $ 2 Sn Total Received $ 1 R9 Foa Check or M.O. No. 19091R HIGHWAY WORK PERMIT Permit No.10'-86-0 6 5 9 Liability Insurance Deposit Rec.for$ Policy No. Expiring Check or M.O. No. Disability Benefit Coverage Dated Policy No. or $ ssnnn_ Permittee Greenport Commons Ltd. Chargeable to Bond No. 99071119 Address Rte. 25 or Undertaking on File City Greenport State_Ny _ Zip 11944 Workmen's Compensation Policy No. Mailing Address for Return of Bond or Deposit Return of Deposit Made Payable To: (Complete Only it Different From Permntee) (Complete only if different from above.) Name Name Address Address City State Zip City State Zip Under the rovisions of the Hi hway Law or Vehicle&Traffic Law permission is hereby granted to the permittee to open s/s/o Rte. 2� e/o Knapp Place, Greenport for the purpose of installing two 30'0" intersection type l urb cuts; asphalt in en _ran .P areas shall be traffic_ hearing (4" dpnsa haSPr?%'�.tpp) basins if required; replace or repair any sidewalk which maybe necessary. in the county of Suffolk as set forth and represented in the attached application;at the particular location or area,or over the routes as stated therein, if required; and pursuant to the conditions and regulations,whether general or special,and methods of periorming work, if any;all of which are set forth in the application and form partythis permit. Dated at Hauppauge , N.Y. Commissioner Transportatio Date Signed__ 9/29/86 .10 BY IMPORTANT THIS PERMIT,WITH APPLICATION AND DRAWING (OR COPIES THEREOF) ATTACHED, SHALL BE PLACED IN THE HANDS OF THE CONTRACTOR BEFORE ANY WORK IS STARTED. NOTICE — It is absolutely necessary that the permittee notify H.R. THYB RG — n.n.T_ Permits XAa(Engineer,whose address is NYS OFFICE BLDG.,VETS HWY_ , HAIIPPAIIGF,NY 24 HR. NOTIFICATION REQUIRED Tel.No. 360-6025 before work is started and uppn its completion. UPON COMPLETION OF WORK AUTHORIZED,THE FOLLOWING WILL BE COMPLETED AND SIGNED BY THE PERMITTEE AND DELIVERED TO THE RESIDENT ENGINEER Work authorized by this Permit was completed on (Date). Refund of deposit or return of bond or reduction of amount charged against bond or deposit on file for this permit whichever is appropriate, is requested Date PERMITTEE AUTHORIZED AGENT (IF ANY) Upon acceptance of work performed as satisfactorily completed, the Resident Engineer will sign the following and forward to the Regional Office. Work authorized by this Permit has been satisfactorily completed and is accepted. Date RESIDENT ENGINEER The Regional Office will forward this form to.the Main Office with the appropriate box checked. To: HIGHWAY PERMIT SECTION: ❑ Refund of Deposit on this Permit is authorized. ❑ Return of Bond furnished for this Permit is authorized. ❑ Amount charged against Blanket Bond for this permit may be cancelled. ❑ Retain Bond for future permits Date_ REGIONAL TRAFFIC ENGINEER The issuing authority reserves the right to suspend or revoke this permit, at its discretion without a hearing or the necessity of showing cause, either before or during the operations authorized. The Permittee will cause an approved copy of the application to be and remain attached hereto.until all work under the permit is satisfactorily completed, in accordance with the terms of the attached application. All damaged or disturbed areas resulting from work performed pursuant to this permit will be repaired to the satisfaction of the Department of Transportation. Upon completion of the work within the state highway right-of-way, authorized by the work permit, the person,firm, corpora- tion, municipality, or state department or agency, and his its successors in interest, shall be responsible for the maintenance and repair of such work or portion of such work a- within the terms and conditions of the work permit. PERM 33e(11/85) STATE_ OF NEW YORK PREPARE 3 COPIES 0 RTME' OF TRANSPORTATION ' HIGHWAY WORK PERMIT APPLICATION FOR NON-UTILITY WORK Application is hereby made-for a highway work permit Highway Work Permit No. 10-86-0659 Name' Greenport Commons Ltd. Effective Date 9/29/86 Address- outs 25 City GreeLlportState N—Zip11944 RETURN OF DEPOSITIBOND TO: RETURN PERMIT TO: (it different from above) (COMPLETE ONLY IF DIFFERENT FROM PERMITTEE) Name Name Address Address City State Zip City State Zip 1. Requested duration from 19 I '1 thru 19 to apply to the operations(s)checked below: 2. Protective Liability Insurance covered by Policy No. ; expires on 19 3. Workers' Compensation Insurance Policy No. expiring 4. Disability Benefits Coverage Policy No. Permit Show Ins. Fee in Amt. Total Amount Guarantee Check or CHECK TYPE OF OPERATION Fee or PERM 17 or of Fee and/or Deposit Amount Bond. Undertaking on file Insurance and/or Bond Number 4 4. Single job-Permit issued for each job a. Driveway or roadway ❑ Residential $ 15 Commercial-Minor 150 2.50 152.50 5,000 92071112 Commercial-Major 500 ❑ Subdivision Street 300 ❑ Temporary access road or street 25 ❑ b. Improvement ❑ Residential 15 ❑ Commercial 25 Check additional description below: ❑ Install sidewalk,curb paving,stabilized shoulder, drainage,etc. ❑ Grade,seed, improve land contour,clear land of brush,etc. ❑ Resurface existing roadway or driveway ❑ c. Tree Work ❑ Residential 15 ❑ Commercial(not required for pruning if utility has annual maintenance permit) 25 Check additional description below: ❑ Removal or planting ❑ Pruning,applying chemicals to stumps,etc. ❑ d. Miscellaneous Construction ❑ Beautifying ROW-(for Civic Groups only) NC ❑ Temporary signs,banners,Christmas decorations 25 ❑ Traffic control signals 500 ❑ Warning and entrance signs 25 ❑ 5. Encroachments caused by D.O.T.acquisition of property 25 ❑ 6. Compulsory permit required when work performed at the request of D.O.T. ❑ a. Building demolition or moving requested by D.O.T ❑ Demolition ❑ Moving NC ❑ b. Improvement to meet Department standards NC WORK MAY BE DESCRIBED BRIEFLY AS FOLLOWS: To open also Ste. 25 c/o Rnapu Place. Greenport for the p1.>Irpo11e of installing two 30'-0" intersection type curb cuts: &sRhalt in entrance areas shall be traff 7ic be,,ar�g- (4" de am, 24" top) Interior concrete el=h hannAli ation. internal drainage, to rA>7t71§lapNt #tkSpt4gMfARedbasJ1* sif require0�eVffnrlar1ee or NPIROMta sTATMIAPJ'v�i4towbeipeTFor�meX Pe uaceasar LOCATION (on along across ) State Route 1719 between Reference Marker and Reference Marker in the Town of Sourbol d County of Suffolk known as Greenport SEQR REQUIREMENTS:(Check appropriate box) ❑ Exempt ❑ Ministerial ❑ Type 11 ❑ EIS or DEIS Lead Agency If project is identified to be ministerial, exempt,or TYPE 11, no further action is required. If project is determined to be other than ministerial,exempt,or TYPE 11,refer to M.A.P.7.12.2,Appendix A SEQR REQUIREMENTS FOR HIGHWAY WORK PERMTS. Acceptance of the request er sub' $Zpermittee to the restrictions,regulations and objat• ns fated on this application and on the permit. . Applicant Signature Date 19 PC— For Joint application an ow rk, note name and address of Second Applicant below: Second Applicant Signature_ Date 19 . Approval recommended 19 By Resident F ,ter Residency No. Approved " J19 By Regional Engineer il�AZli111�+ StCi�iD Region No. PERMIT IS ISSUED CONTINGENT UPON LOCAL REQUIREMENTS BEING St PERM33e(11/85) REVERSE RESPONSIBILITIES OF PERMITTEE 1. PROTECTIVE LIABILITY INSURANCE COVERAGE Permittee must have protective liability insurance coverage in accordance with Department requirements. (See Certificate of Protective Liability Insurance for Permits on State Highways Form PERM 17) Expiration of,or lack of,liability insurance automatically terminates the permit.Insurance coverage may be provided by furnishing the Department with one of the. following: a. A Certificate of Protective Liability Insurance for Permits on State Highways (Form PERM 17 NYSDOT). b. A $2.50 remittance (check drawn on a New York State Bank or Certified) for coverage under the Departmental Blanket Policy. ; c. Undertakings are limited to Public Service Corporations and government units.They must be executed through an insurance/bonding company and are subject to approval by NYSDOT Office of Legal Affiars. ✓ pl• 2. COMPENSATION INSURANCE AND DISABILITY COVERAGE The applicant is required to have compensation insurance and disability coverage as noted in the provisions of the Worker's Compensation Law and Acts amendatory thereof for the entire period of the permit,or the permit is invalid. 3. NOTIFICATIONS Notify Commissioner through Regional Office,one week prior to commencing work,except emergency work by public service utilities which should be reported the next workday. Work must start within 30 days from date of permit. Not area gas distributors 72 hours prior to any blasting. Notify utility com anies with facilities in work areas(permission must be obtained before doing work affecting utilities' facilities before starting work in accordance with Industrial Code 53. Notify Departmen of Transportation at conclusion of work and return original copy of permit to Resident Engineer. Annual Maintenance Permit Notifications: Notify by telephone the Regional or Resident Engineer's office, one week in advance, each time regular maintenance work is to be performed.In emergencies,notification by telephone should be made the next work day. 4. SITE CARE AND RESTORATION An Undertaking a bond or certified check in.an amount designated by the Department of Transportation may be required by the hegional Office, before a permit is issued, to guarantee restoration of the site to its original condi- tion. If the Department is obliged to restore the site to its original condition the costs to the Department will be deducted from the amount,of the permittee's guarantee deposit at the conclusion of the work. The permittee is responsible for traffic protection and maintenance including adequate use of signs and barriers during work and evening hours. Anyone working within the R.O.W. will wear an orange vest and hard hat. No unneccessary obstruction is to be left on the pavement or the right-of-way or in such a position as to block warn- ing signs or between work hours. No work shall be done to obstruct drainage or divert creeks, water courses or sluices onto the right-of-way. All falsework must be removed and all excavations must be filled in and restored to the satisfaction of the Regional Maintenance Engineer. 5. COSTS INCURRED BY ISSUANCE OF THIS PERMIT All costs beyond the limits of the protective liability insurance, surety deposits, etc., are the responsibility of the .permittee. The State shall be held free of any costs incurred by the issuance of this permits, direct or indirect. 6. SUBMITTING WORK PLANS The applicant will submit work plans and/or a map as required by the Department. This shall include such details as measurements of driveways with relation to nearest property corner, positions of guys supporting poles and a schedule of the number of poles and feet of excavation necessary for completion of the work on the State right-of- way. A description of the proposed method of construction will be included. Plan work with future adjustments in mind, as any relocation, replacement or removal of the installation authorized by this permit and made necessary by future highway maintenance, reconstruction or new construction, will be the responsibility of the permittee. Driveway plans should be prepared in accordance with the POLICY AND STANDARDS FOR ENTRANCES TO STATE HIGHWAYS. The permittee must coordinate his work with any state construction being conducted. 7. TRAFFIC MAINTENANCE A plan detailing how the permittee intends to maintain and protect traffic shall be submitted with work plans.Traffic shall be maintained on the highway in a safe manner during working and non-working hours until construction is completed. The permittee is responsible for traffic protection and maintenance, including adequate use of signs, barriers, and flag persons during working and non-working hours until construction is completed. All sketches will be stamped with "MAINTENANCE OF TRAFFIC SHALL BE IN CONFORMANCE WITH THE NEW YORK STATE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES." S. COST OF INSPECTION AND SUPERVISION Prior to issuance of the HighwayWork Permit the permittee will be required to sign a SUPERVISION AND INSPEC- TION PAYMENT AGREEMENT FOR HIGHWA1rWORK PERMITS(FORM PERM 50)agreeing to the payment of inspec- tion and supervision charges for Department employees.Supervision and inspection charges will be based on number of work days. NOTE: Work day is determined on basis of minimum of four (4) hours of inspection. 9. SCOPE a. Areas Covered Permits issued are for highways, bridges and culverts over which the New York State Department of Transporta- tion has jurisdiction. (Local governments issue permits for their own jurisdiction.) b. Le Thegal privilege granted by the permit does not.authorize any infringement of federal, state or local laws or regula- 'tions,is limited to the extent of the authority of this Department in the premises and is transferable and assignable with the written consent of the Commissioner of Transportation. c. Commissioner's Reservation The Commissioner of Transportation reserves the right to modify fees and to revoke or annul the permit at any time, at his discretion without a hearing or the necessity of showing cause. d. Locations Work locations must be approved by the Department. e. Maintenance Property owners having access to a state highway shall be`fuIly responsible for the maintenance of their driveway in accordance with POLICY AND STANDARDS FOR ENTRANCES TO STATE HIGHWAYS. 10. COMPLETION OF PROJECT Upon completion of the work within the•state highway right-of-way authorized by the work permit, the person and his or its sucessors in interest, shall be responsible for the maintenance and repair of such work or portion of such work as set forth within the Terms and Conditions of the Highway Work Permit. O cers s MAY 17 198 JJ UTILITY OFFICE TEL. / (516)477-1748 MAYOR 1411a g,, ., o/ tgree/ ort GEORGE W.HUBBARD INCORPORATED IAOA POWER PLANT TEL. NEW INCORPORATION A►NIL 7.1268 (516)47'/I-01'/7L TRUSTEES RC-INCORPORATION UNDER GENERAL LAW MA7 78. 1194 STEPHE•N L.CLARKE JEANNEM.COOPER DAVID S.CORWIN .. ••"' ••--- � GAIL F.HORTON p:NG , ISLANO y' SUPT.OF UTILITIES JAMES 1.MONSELL 236 THIRD STREET P.O.BOX AH GREENPORT,SUFFOLK COUNTY NEW YORK 11944 May 16, 1988 Mr. John Tsunis 801 Motor Parkway Hauppauge, New York 11788 Re:_ Greenport Commons North Road & Main Street Greenport,,-New York 11944 Dear Mr. Tsunis: Your proposed project of a 29,000 square foot Shopping and Office Mall with water and sewer services has been under study with the Village of Greenport since 1986. Sewer service with the Village of Greenport is "not available at this time. Your projected sewer load was 2,022 gallons per day. You should make other arrangements for sewage disposal. Water service will be supplied by the Village Water Department at your projected load of 3,0.00 gal/day with a peak demand of 30 gal/min. When we have the capability to serve you, we will enter into a contract. We should be in a position to enter into a contract within the coming year. If I may be of further service, please call. Very truly yo S, ? James I. Monsell Superintendent of Public Utilities JIM:nr cc: George Hubbard, Mayor A11 .Village Trustees Utility Committee Valerie Scopaz Victor Lassard 100 Years of Community Service Sv�FOC�Cn P• �' D T ;� LD S Y Southold, N.Y. 11971 -(516) 765-1938 ` June 25, 1986 Mr. Robert Gruber ARchitect 476 .Espressway Drive, So Medford, NY 11763 RE: 280 North Road Dear Mr. Gruber: The following action was taken by the Southold Town Planning Board, Monday, June 23,1986. RESOLVED that the Southold Town Planning Board approve the site plan for 280 North Road for construction of office and retail complex located at Main Street and North Road, Greenport, survey dated as revised June 17, 1986, tax map no. 1000-34-2-1, subject to: 1. Receipt of a curb cut permit from the NYS Department of Public Works. 2. Removal of the term "parcel two" from the residential land owned by the applicant. The Board does not want it to be construed that this has been subdivided. Upon receipt of the curb cut permit and amended surveys eliminating the term "parcel two", the Chairman will endorse the surveys. Please contact this office if you have any questions. Very truly yours, CLTL4—' BENNETT ORLOWSKI, JR. , CHAI N SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department P N OIRD TO LD S 1�TY Southold, N.Y. 11971 (516) 765-1938 June 11, 1986 Mr. Robert J. Gruber Architect 476 ., Expressway Drive So. Medford, NY 11763 Re: Site Plan for "280 North Road" Dear Mr. -Gruber: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, June 9, 1986. RESOLVED that the Southold Town Planning Board refer the site plan for 280 North Road, Greenport for the construction of office and retail stores located at ••-,Gunk "4- !J Ro 't-e 49, to the Building Department for certification. Survey dated April 23, 1986 . Upon further review of the site plan, some site plan elements are not indicated'. Would you please add the following site plan elements to the plan and forward six (6) prints to our office so we may make the necessary referral to the Building Department: -Landscaping or screening on the southerly and easterly property lines -Location of proposed signs -Location of loading areas. -Location of Outdoor lighting -Location of utilities coming onto the property -Actual retail sales area. It appears that there is a discrepancy in the site data, the retail sales is indicated as 29 , OOO .square feet and also 30, 000 square feet. Robert Gruber Page 2 6/11/86 ------------------------------------------------------------------- Please note,these site plan elements are required pursuant to Section 100-134 of the Town Code. Would you also provide a copy of the curb cut approval when it has been obtained. Thank you. Please contact this office if you have any questions. Very truly ours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department P ' A Ili I OAT D rH LD Southold, N.Y. 11971 (516) 765-1938 May 13, 1986 Robert J. Gruber Architect 476 Expressway Drive So. Medford, NY 11763 Re: "280 North Road" Dear Mr. Gruber: Please let this confirm our conversation of May 6, 1986 regarding the above mentioned site plan, and the comments of Richard G. Ward, Planning Board member. It appears that the location of the building with respect to the 20 ' ingress and egress would create a problem with exists and entrances into the rear of the building. It is suggested that the building be moved North to allow for more circulation around the building. The concept indicated by the enclosed map shows vehicular circulation completely around the building or buildings. The campus style layout is preferred, however, if one building is insisted upon by the applicant it would be better if it were centered on the site. Enclosed is a site plan for your review and consideration. If you have any questions, please don' t hesitate to contact our office. Very truly yours, a,t"L�-t BENNETT ORLOWSKI, JR. , CHAIRMAN S UTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. JOHN C. TSUNIS nn qq ._/dEEorneJ at oCaw---- 35 VANDERBILT PARKWAY COMMACK. LONG ISLAND, NEW YORK 11725 (516) 499-6070 January 13 , 1986 Judith T. Terry. Town of Southold Main Road Southold , NY 11971 Re : Site Plan at �Gx-e.enport "280 North Road" Dear �Ms . Terry: The Planning Board has advised that they will take no further action on the above matter because of the present moratorium. Please be advised that the above application was made on May 4 , 1984 , which precedes the moratorium an.d has been under numerous revisions pursuant to Planning Board suggestion . My client wishes to conform the use presently proposed and therefore my f ; client respectflly requests a waiver of the moratorium as it.. applies to this parcel , so that this application may proceed . Please advise of any hearing concerning this request . i Thank you . for your courtesy and cooperation in this matter . Very truly yours , -- John C. Tsunis JCT/le cc : Robert Gruber , Architect Pantelis Papazaglou y?(ennett Orlowski , Jr . X t C V / �i"� S�CFOCAr c z Ln r s1 Town Hall, 53095 Main Road ojol ��0� P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 RectsrRae of viraL srnrIsz►cs OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 14, 1986 To: Southold Town Planning BoardV- Southold Town Zoning Board of Appeals Southold Town Building Department From: Elizabeth A. Neville, Deputy Town Clerk Re: Request for a Waiver - Local Law No. 14 1985 Please submit all pertinent data in your files pertaining to the request of "280 North Road" at Greenport for a Waiver from the provisions of Local Law No. 14 - 1985. Attachment JOHN C. TSUNIS nn pp .JJr`Eorrie� aE oCaw-- 35 VANDERBILT PARKWAY COMMACK, LONG 15LAND, NEW YORK 11725 aRE Y`,ED (516) 499.e070 JAN 141985 January 13 , 1986 Judith T. Terry Town of Southold Main Road Southold, NY 11971 Re : Site Plan at Greenport "280 North Road" Dear Ms . Terry: The Planning Board has advised that they will take no further action on the above matter because of the present moratorium. Please be advised that the above application was made on May 4 , 1984 , which precedes the moratorium and has been under numerous revisions pursuant to Planning Board suggestion. My client wishes to conform the use presently proposed and therefore my client respectflly requests a waiver of the moratorium as it applies to this parcel , so that this application may proceed . Please advise of any hearing concerning this request . Thank you for your courtesy and cooperation i this matter . Very tru y yours I' Joh Tsunis JCT/le cc : Robert Gruber , Architect Pantelis Papazaglou Bennett Orlowski , Jr . UCT i9 � JOHN C. TSUNIS nn ///I .�fEl`orn¢c� atoCaw -- 35 VANDERBILT PARKWAY COMMACK. LONG ISLAND, NEW YORK 11725 (516) 499.8070 October 16 , 985 Supervisor Frank Murphy and Members of the Town Board Town of Southold Main Road Southold , NY 11971 Re : Site Plan at Greenport "280 North Road" Dear Supervisor Murphy and Members of the Board : The Planning Board has advised that they will take no further action on the above matter because of the present moratorium. Please be advised that the above application was made on May 4, 1984, which precedes the moratorium and has been under numerous revisions pursuant to Planning Board suggestion . I respectflly request a waiver of the moratorium and ask that the Board notify other Town Departments of same. Thank you for your courtesy and cooperation in this matter . Very truly yours , John C. Tsunis JCT/le cc : Robert Gruber , Architect Pantelis Papazaglou Lxennett Orlowski , Jr. per. Lr3 - Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE Tow,'CLERK (516)765-1801 REGISTRAR of VITAL STATISTICS - OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1986: WHEREAS, John C. Tsunis, Esq., on behalf of 11280 North Road", has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their application presently pending' before the Southold Town Planning Board, and WHEREAS, John C. Tsunis; Esq. appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to utilize the premises to conform with the uses in'a Residential' Office (RO) District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and they hereby are granted a waiver of the provisions of Local Law No. 14 - 1985. to the extent of permitting such uses on said premises as set forth in their 'application presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. lo JCudith T. Terry ,�— Southold Town Clerk J JOI-tN C. TsuNIs nn pp .0CT 19 Q35 JtEtornec� at oCaw----- 35 VANDERBILT PARKWAY COMMACK. LONG ISLAND, NEW YORK 11725 (516) 499-8070 October 16 , 985 Judith T. Terry Town of Southold Main Road . Southold , NY 11971 Re : Site Plan at Greenport "280 North Road" Dear_ Ms . Terry: The Planning Board has advised that they will take no further action on the above matter because of the present moratorium. Please be advised that the above application was made on May 4 , 1984, which precedes the moratorium and has been under numerous revisions pursuant to Planning Board suggestion. I respectflly request a waiver of the moratorium and ask that the Board notify other Town Departments of same . Thank you for your courtesy and cooperation in this matter . Very truly yours , John C. Tsunis JCT/le cc : Robert Gruber , Architect Pantelis Papazaglou vGnnett Orlowski , Jr . ,r ~' F0C,� s c�► u' `T Town Hall 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED. BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, 1985:* WHEREAS, John C. Tsunis, Esq., on behalf of "280 North Road", has requested that this Board waive the provisions of Local Law NO. 14 - 1985 with respect to his applica- tion presently pending before the Southold Town Planning Board, and _ WHEREAS, this Board finds that the applicant proposes to construct a retail shopping center, and WHEREAS, this .Board deems such us inconsistent with the uses in the R-O District as proposed by Raymond, Parish, Pine E Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is denied a waiver of the provisions of Local Law No. 14 - 1985 with respect to his application presently pending before the Southold Town Planning Board for site plan approval. Judith T. TerrY Southold Town Clerk •• i To 0` D Ln Southold, N.Y. 11971 -(516) 765-1938 October 10, 1985 Mr. Robert Gruber Architect 476 Expressway Drive, South Medford,NY 11763 Re: Site Plan at Greenport "280 North Road" Dear Mr. Gruber: The Southold Town Board has recently adopted a moratorium on site plans in B,B1,C, and Cl zones, which became effective on October 3, 1985. Therefore, the Planning Board cannot take any further action -on the site plan known as, "280 North Road" until authorized by the Town Board. Enclosed is a copy of the moratorium for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, UUj Bennett Orlowski, Jr. , Chairman Southold Town Planning Board dms enc. a DEC 51990 !i k REQUEST FOR JUDICIAL INTERVENTION SUPREME COURT, SUFFOLK COUNTY Index # : 90-23777 Date Purchased: FULL TITLE OF ACTION ------------------------------------X IAS Entry Date: JORDAN'S PARTNERS AND PANTELIS PAPAZOGLOU Petitioners/Plaintiffs , Name of Assigned Judge: -against- GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS., JR. , SERGE Date of Assignment: DOYEN, JR. , JOSEPH H. SAWICKI , JAMES DINIZIO, JR. , all constituting the Southold Town FL - L FEE PAID Zoning Board of Appeals , VICTOR LESSARD, Principal Building Inspector, TOWN OF SOUTHOLD. NOV 3o 199p Respondents/Defendants . ------------------------------------X EDWARDP.SOM ME COUNTY CLERK Issue joined (date ) Bill of particulars served ------------------------------------------------------------------ NATURE OF JUDICIAL INTERVENTION Request for preliminary conference Note of issue and/or certificate of readiness Notice of motion (return date ) Order to show cause (, return date ) Other ex-parte application X Notice of petition (return date December 20 , 1990 ) Notice of medical or dental malpractice action Statement of net worth Writ of habeas corpus Other (specify) Relief sought: ------------------------------------------------------------------ NATURE OF ACTION OR PROCEEDING TORT Motor vehicle Medical or dental malpractice Seamen Airline Other tort , including but not limited to personal injury, property damage , slander or libel SPECIAL PROCEEDINGS Tax certiorari Condemnation Foreclosure Incompetency or conservatorship X Other special proceedings including but not limited to Article 75, 77 , 78 OTHER ACTION Matrimonial (contested) Matrimonial (uncontested) Contract Other ATTORNEY FOR PLAINTIFF: PACHMAN & OSHRIN, P.C. 366 Veterans Memorial Highway P.O. Box 273 Commack , New York 11725 (516 ) 543-2200 ATTORNEY FOR DEFENDANT: NAME OF INSURANCE CARRIERS: RELATED CASES : ( If none , write "NONE" below) Title Index # Court Nature or relationship NONE I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE , OTHER THAN AS NOTED ABOVE , THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS , NOR HAS A REQUEST FOR JUDICIAL INTER- VENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated: Commack , New York. November 21 , 1990 . Pachman , Esq. PACHMAN & OSHRIN, P.C. Attorneys for Petitioners/Plaintiffs 366 Veterans Memorial Highway P.O. Box 273 Commack , New York 11725 ( 516 ) 543-2200 o f � i , i 1 , , APPEALS BOARD MEMBERS s.� '' '"P' SCOTT.L. HARRIS �` Supervisor Gerard P. Goehringer, Chairman = Charles Grigonis, Jr. ,v �� 'N Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 7654800 November 9, 1990 John C. Tsunis, Esq. Scott Zamek, Esq. 801 Motor Parkway Hauppauge, NY 11788 Re: Appeal No. 3915 - Jordan's Partners Gentlemen: Transmitted herewith for your information and file is a copy of the determination received by our office today from the Suffolk County Department of. Planning concerning the above application. Yours very truly,. GERARD P. GOEHRINGER CHAIRMAN lk By Linda Kowalski Enclosure COUNTY OF SUFFOLK NOV -ONO PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KuNZ DIRECTOR OF PLANNING a November 8, 1990 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Jordan's Partners" (#3915), Town of Southold (SD-90-26) . Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 1990 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: 1. Sufficient information has not been submitted to demonstrate compliance with applicable use variance criteria; 2. It constitutes an apparent infringement upon legislative powers exclusively delegated to the Town Board; 3. It would tend to establish a precedent for further commercial development in the locale along N.Y.S. Rte. 25; 4. . It will further diminish the safety & traffic carrying capacity of said roadways in the vicinity of premises; 5. There are ample lands in the surrounding area available for retail commercial purposes; 6. It contravenes established policy objectives in the Town Master Plan which calls for the discontinuance of strip commercial development within the Town major highway corridors; 7. It is inconsistent with the Town Master Plan which designates this area for residence purposes; and, 8. It is inconsistent with Suffolk County Master Plan objectives in promoting identifiable communities limiting commercial development along major roadways and providing for rehabilitation and enhancement of existing business/commercial infrastructures, particularly downtown areas including Greenport. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.1.,NEW YORK 1 1768 (516)360-5192 Page -2- -------------------------------------------------------------------------------- Very truly yours, Arthur H. Kunz Director of Planning w ,,--�- Gera G. Newma Ch a Planner GGN:mb APPEALS BOARD MEMBERS = � ' , } SCOTT L. HARRIS Gerard P. Goehringer, Chairman Supe rvisor`` Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax(516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Pursuant 't•o Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , . New York, hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning Code , Article VII , Section 100-71 Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No. :' 3915 Applicant: Jordan ' s Partners Location of Affected Land: �1000 Main St. & 160 Main Rd. , Greenport , NY County Tax Map Item No . : 1000- 34-2-1 Within 500 feet- of: Town or Village Boundary Line Body of Water (Bay , Sound or Estuary) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct retail stores in conjunction with office building uses-Proposed retaij. construction is not permitted in the RO Zone District Copies of Town file and related documents enclosed for your review. Dated : October 23 , 1990 : .k APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 J21arty?w :� SuA�l` p199 iw October 19, 1990 John C. Tsunis, Esq. Scott Zamek, Esq. 801 Motor Parkway Hauppauge, NY 11788 Re: Appl. No. 3915 - Jordan' s Partners Gentlemen: ,\\ Transmitted for your records is a copy of the official . findings and determination in the above matter which was rendered by the Board of Appeals at our October 17, 1990 Special Meeting. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Matthew Kiernan, Asst. Town Attorney Supervisor and Town Board Members Suffolk County Department of Planning Southold Town Planning Board Southold Town Building Department FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE - SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . �.,1. . .�. . . . . . . . . . . . . .. 1910. To . . . . . . . . . . /r!P,L�i , PLEASE TAKE NOTICE that your application dated . . . . . , , , , , , , , , . , ,, 19 for permit to 44WIW414 . / �4.ctz� w6L,61(.. . . . . . . at Location of Property .��a a, , % _ �/d© . HouseNo. . . . . . . . . . . . . . . . . . . . Street H County Tax Map No. 1000 Section . . . ,.J'W. ... . . . Block . . .%2, . : . . . . . . . Lot . . . ?� . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. Lot No. . . . . . . ... . . . . . . . . . L . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . ./p Q-.7l. . .. , w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .e- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Biding • nspector. RV 1/80 Page 7 - Appl. No. 3915 Matter of JORDAN'S PARTNERS Decision Rendered October 17, 1990 (i) Good faith reliance on an invalid permit does not automatically entitle the applicant to a variance fSee Rejman v. Welch, 112 AD2d 795, 492 NYS2d 295 (1985, 4th Dept. ) } ; (j ) The issue of a use variance is not whether the use as presently zoned is the most profitable use, but merely whether that use will yield a reasonable return, (see Bellanca v. Gates, 97 AD2d 971, 468 NYS2d 774 (1983, - 4th Dept. ) , affd. 61 NYS 2d 878, 474 NYS2d 480, 462 NE2d 1198. ) (k) An application for a change of zone is not without merit and has not been exhausted. NOW, THEREFORE, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to DENY the relief requested in the Matter of the Application of JORDAN'S PARTNERS under Appl. No. 3915, for the reasons stated above. Vote of the Board: Ayes: Messrs. Goehringer; Doyen, Grigonis and Dinizio. (Member Sawicki was absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, IRMAN )�: S s IP �� ` ep �...,. . 7 90 r VLO -If ei - • lo lip;�/7 • 330 fie- JOHN (C. TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS August 31, 19 9Duo 2 SCOTT ZAMEK D 15 i —5No Gerard P. Goehringer, Chairman Zoning Board of Appeals TOWN OF SOUTHOLD 53095 Main Road Southold, New York 11971 Re: Jordan' s Partners Main Road & Main Street Greenport, New York Dear Chairman Goehringer: This shall confirm our telephone conversation of this morning regarding the closing of the hearing on the above referenced matter. You advised me that on September 6, 1990, the hearing would be formally closed, but that additional written evidence may be submitted by concerned parties at that time and that no oral test- imony would be permitted. Accordingly, there would be no need for someone to appear on behalf of the applicant. Additionally, if any written evidence is offered, you will so advise me and provide the applicant with an opportunity to rebutt or respond to same prior to the next regularly scheduled meeting on or about September 27, 1990. Thank you for your cooperation. Very truly yours, John C. Tsunis, Esq. BY: Sri,[ - SCOTT EK, ESQ-. SZ/krs KRS/8-SZ Misc. : GOEHRNG5 801 MOTOR PARKWAY•HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000•FAX:516-582-4256 3�0 RdCk1 P° `o-v 11()3� (�(),A�'), Sci O-V C) � � E►Tc1� (�C-�5�� �O T r}C- yol-vPpSC--� �` � ON TNC- N�R� fa A-) �� T t1 C- ���E� �a�T ca�M ►�s IT vJ� R d�aR T Vn T MAPI di U% W RO PCtj cl BF �F r �, ��T l��L TR� � � � "i��AT A� - Cd� ,. wj 5��� . ,, T( AM Itc� S{��pP►I�G CAN 1��? uS��cssEs CAP (A1�1_� WFORT Tl��►Scc�S �rJ i��1J l (�����►� �-df� /� S�MMF� C�Ow� ,� �- W ►tJ T C(Z` I u-�- ��N S T PC—S n1 GRC�E� P aRT' G--W STo XCS 5 '�NIstF j�EST AVR, - duLl C- C,J\USE T I I `CM�I, 5 (I-dj � fi(1 CS 1 � 1 Wdo�DS /NN), JN o� TEE S C-op�F K,- R L� I Mr. Bennett Orlowski r J Chairman, Southold Town Planning Board Southold Town Hall D V 152 Main Road Southold, New York 11917 40 e go RE: Tsunis, et al . -Z UP Jordan' s Partners -' Greenport Commons 2 August 1990 Dear Mr. Orlowski : From Mr. G. Goehringer's secretary, we've learned that the Jo.rdan'.s Partners case has been tossed BACK INTO YOUR COURT. Whyever for? This is another case of planned usage directly violating the Master Plan. And common sense. For the Record: We are vehemently opposed to the strip malling(mauling?) of Southold Town. Downtown Greenport(rife with vacant business properties) , her local business people and her local populace will be the big losers, if this gang of outsiders prevails. Economically unsound, Greenport Commons is antagonistic to our planning goals and focus. . .as well as, our shared rural environment. One developer' s short-term greed will , however, be satisfied. . .for the moment. Jordan' s Partners; Tsunis, et al .is not alone. Most developers share their modus operandi . Buy land. Abjure rules and regulations that impinge on maximized profitability. When in doubt or when constraints are in place, ruthlessly despoil the landscape(kill trees, defoliate, shove dirt around, start rudimentary foundations, etc. ad nauseam. All , I might add, at magnificently inflated, developer-concocted "costs-out-of-pocket". ) . The hope,here,is that the usual local apathy and the "well-it's-too-late-now" mentality will deaden the opposition. If found out, though, said developer claims ignorance of the process and its strictures. The newly chastened one' s "woe-is-me" whine soon escalates into the outraged scream of "hardship" ! What mockery and arrogance. Why do land speculators get special treatment? Allowing wholesale(literally and figuratively) exceptions to the rule---our hard won Master Plan. . .is corrosive to the public trust. It is expensive for the taxpayer, time-consuming for the jugglers of local officialdom and mortgages our future. It must stop. Read the Letters-to the-Editor, go to public meetings or social gatherings and it' s obvious that the natives are restless. And cynical about just who is taking care of whom. When ALL public officials are elected and, therefore, accountable, is the day when access will be equitable and the rule of law. . .observed. With a well-oiled patronage machine in place, putting in the "fix" or exerting undue influence is easy. Just the way to Set -things done. But for whom? It is damn well time for Real Estate. . .manipulators and stooges. .to get out of the business of government. Conflict of interest must be exposed and eradicated. The guys that can be got to, ought to be gotten out. Further on this tack, isn't it time that Real Estate investments be treated like any other. Some you win. Some you lose. Why is is that our Town is always left holding the bag? Pleading hardship and the mitigating circumstance is ludicrous but it seems to work. Real property investments evoke priviledge, i .e. private law (from the Latin) . Yet, this "priviledge" is not sacrosanct. Common Law does evolve! Land speculators and "improvers" who plunder the commonweal should NOT be protected. r Page 2. Take this Tsunis( or Jordan's Partners or whatever corporate umbrella they wiggle) . His is a case in direct violation of the Town Planning Code. How legally prescient and morally satisfying to penalize the fellow. Make him compensate SoutholdTown for time wasted. For the eyesore across from Porky's(how come we don't have a Tree ordinance like East Hampton???) . For the display of mindful arrogance and cite him for contempt. Tsunis should be jumping through the legal hoops, not the Town. Jordan's Partners should be spending its time and money and energy to get things right, not the Town. It is Southold, particularly the villagers of ' Greenport, who should be seeking redress and crying foul . Respectfully, Lili Ann C. Motta P.O.Box 128 East Marion, New York 11939 CC: Scott Harris G. Goehringer AUG 2 8 �ggp 477--0050 525 First Street Gr-eenport, N.Y. 11944 August 267 1990 Mr.. G. Goehringer , Chairman Zoing Board of .APPeals Southold Town Board' Town Hall Southold, N.Y. Dear Mr . Goehringer : I am writing to state my opposition to the proposed strip mall across from Porky' s Restaurant in Greenport . 1 ith the: record of unused,; unattractive and p _ofitless� sitrip malls that already defile the beauty of "the Ilorth Road" between River- head and Greenport there is absolutely no necessity for continuing the defilement. Furthermore,> ,this will be one more divisive entry in the sweep- stakes toward oblivion that blight. the overconstructed and nearly half-empty commercial area of Greenport. What kind of planning allowed this- to happen? Obviously, the Greenport Village Board was very much at fault here. I pray that the Southold Town Zon.i.ng` Board of Appeals will not be guilty of the same: kind of destructive action. Haven' t we I'uglified"' the North Fork enough as it is? Yours truly, Thomas Mons-ell. G� C NORTH FORK ENVIROMMENT'hL. COUNCIL Route 25'at Love Lane, PO Box 799, Mattituck, NY 11952 516-298-8880 COMMENTS TO THE SOUTHOLD BOARD OF APPEALS CONCERNING APPEAL # 3915 OF JORDAN'S PARTNERS The 'North Fork Environmental Council 'offers the following comments to the Board .of Appeals concerning the appeal of .Jordan' s. Partne.rs 'for • a variance from- the use regulations of the Residential Office zone in order to. construct office and retail stores. ". Firstly, . we would comment on the. wor'ding of the public � notice, ' partially quoted above. It is our understanding of zoning" • appeals .that permis,sion '. to. construct is not within the power of the Board •to grant. The Board may properly grant a use variance, which should be the -subject of the .proceedings on this appeal. We respectfully remind the .Board that the existing site plan for the proposed ' shopping center is null and void. According td Southold Town Code, section 100-255 A; "An approved site development -plan _,shall be valid fora period of three (3) years from the date of - approval. All work proposed on the plan shall be completed- within ..three (3) years from the- date of approval unless a longer period was approved or the , applicant •obtains. an extension from the Planning -Board. " The date of. approval for the proposed .shopping center is' J.une• 23 , 1986. We would request. that the Board respect . .this provision of the code and 'refuse to entertain anv claim of _. : :hardship based on• the expiration. of the site plan. Furthermore, upon our review of the' Board' s files and the Planning Board' s files, we.' note that SEQRA review seems not to have been completed on - the original .site. plan application in ..1984.. A long. Environmental Assessment Form was requested and .,. completed indicating that .the Planning Board had determined the action as a Type I or . Unlisted. However , there are no records indicating that the Planning Board initiated or completed a - coordinated review or. made a •deter'mination of significance. According to Southold Town code section 100-254 E , ."No decision the application ; [for a site plan] shall be made until the St"ate' Environmental Quality Review Act process is completed. " `This would -seem to indicate that. ;the site plan approval was "4 ingal,id.;'upon issuance on June 23, T986. We contend that this 'I Rs urith�er 'militates against any, consideration the Board might i , �� ,;' I ;Fi,;� n,iier�tain as to a claim of hardship' based on expiration of the .i {• I �I� i.i. , s F,i i i :. ,. „.. a non-profit organization for the preservation of land, sea,.air and,quallty of Iife. printed on 100% recycled paper During the course • of this hearing the appellant has contended that he was ignorant of: the proposed zoning change intended for the project site. This can not be believed. A . letter dated October 10, 1985 from Bennett Orlowski, Jr. , Chairman of the Planning Board to Robert Gruber , Architect for -the appellant, states, "The Southold Town Board has recently adopted a moratorium on site plans in B, B1 , and Cl zones which became effective on October 3 , 1985. " A :resolution adopted by the Town :­ Board . on October 22, 1985 - responding specifically to a request by the appellant to waive the provisions of the moratorium, reads in part, "WHEREAS this Board deems such use [shopping center] inconsistent with the uses in the R/O District as .proposed by Raymond, Parish, Pine, & Weiner, •Inc.'' s Master Plan Update Zoning Code revisions, It is clear that the appellant knew that. the a- : _,,. propo5cd ,.,i:r _ oenter site would be re-zoned to more _ restrictive uses. Nevertheless he proceeded to re-petition the Town Board on January 13, • 1986 ; for a waiver to the moratorium which inexplicably was granted. He also proceeded with the above. ' mentioned site plan • review and other. permit review processes., Thy appellant seems to have willingly taken a risk to beat the clock of the official adoption o the new z'onling district. He has lost the race and now claims a hardship. °. .' The Planning Board file contains a site sketch fora three >, .. unit professional complex. Additionally there are Planning Board >; comments to the appellant requesting him to deve guidelines. - From these documents it is clear that along R/O '` - hat the appellant had ample oportunity to reshape his project. His claim of hardship based on financial grounds -is.- spurious. Once again, he knew he was taking a risk. Based, on the above information - and -information in the hearing record submitted by Greenport/Southold residents, The North Fork Environmental Council strongly urges the Board to deny this request for a variance. ��fiy Al f 1 March 15, 1990 Zoning Board of Appeals, Southold Town Dear Members: As members of the Greenport Historic Preservation Commission, we are deeply concerned about your decision regarding "Greenport Commons". If Greenport Commons is commercially developed, we feel that Greenport's commercial district will be adversely affected. Much of that commercial district is officially designated a historic district. Therefore, we urge this Board to hold firmly to the zoning spelled out in the appr vp ed master plan. -�. G J' YN a� ,tubers, Greenport Historic Preservation Commission �o��FFOLK��Gy . APPEALS BOARD MEMBERS T :+SSCI OTT L. HARRIS Gerard P. Goehringer, Chairman Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. .� J� � Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 July 25, 1990 TO: John Tsunis, Esq. & Scott Zamek, Esq. 801 Motor Parkway Hauppauge, NY 11788 Dear Mr. Tsunis and Mr. Zamek, Please forward to us a statement disclosing those individuals forming each corporation (owner) to include: directors and officers of Jordan' s Park Place Ltd. and Jordan' s Partners, which must be furnished for the record. Thank you Very truly yours Gerard P. Goehringer Chairman T Southold 'down Board of Appeals, MAIN ROAD STATE,1?,0AD 25 P.O. BOX 1179 SOUTHOLD, L.1.,'I.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 1. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN M"a.r;Ch 1'5 1990 CHARLES GRIGONIS,JR. SERGE DOYEN, JR. S.E.n.R.A: JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3915 Project/Applicants: Jordan ' s Partners County Tax Map No. 1000- 34-2-1 Location of Project: 1000" Main Street :and 160 Main Road , Greenport ,NY Relief Requested/Jurisdiction Before This Board in this Project:. Permission to ,construct office and retail stores . Proposed construct is not a perm.itted use in this District. This Notice is issued pursuant to' Part 617 of the implementing regulations pertaining to 'Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-.4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant, adverse environmental effects are. likely to occur should be project be - implemented as planned. It is determined that this' Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under -the established list of Type II Actions. Pursuant to Section 617.23j , this Department is excluded as an involved agency. , This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA -617 .2jj For further information,., please contact the Office of the Board of Appeals, Town Hall, Main Road., Southold, NY 11971 at (516) 765-1809. t tr 4000> 0000>.= "U TO GREENPORT COMMONS ! We the undersigned ai apposed to the proposed c __ _ truction of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : �.. 1 . Economic hardship on the Village of Greenpo-rt . 2 . Increased traffic flow to an already hazardous i Who Js 3 . It is surrounded on three sides by a residential a . L5� 4 . The site is the gateway to Greenport , adjoins a or c dis ict any proposal should be carefully considered--ret usslhT rejected outright . Name Address J�y i (Cl� i'U .� t�'I ,�� !1, �•.� J�A d2.a 5 p.9x 5-T. 6i2�1�R-T CD/ �f c fLr,�.� • /� �eU !J fir. 1o�c C• �`�— She rli'►i, Cv. Gree.,oo 4 IVY )/O vy C -)')Lqs -1 ;z H 2d- L—L A E—FA,\n SA- C, ►'� G� dam] �_/" ►G>1 SUSS ��. k Pi Ct r h Q. P _ t A �C 40ss �ar�CL 13 o Aol � fCcS� J C La�J'� AU,O TO GREENPORT COMMONS ! We the undersigned a opposed to the -px-o-posed' c ;truction of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : I 1 . Economic hardship on the Village of Greenpo_rt . �f 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . tip 4 . The site is the gateway to Greenport., adjoins a historic district , any proposal should be carefully considered--retail use sho.uj1d. be rejected outright . Name/ �. Address r� XBAL�Z� r 1`-J O - Or P {y'`-�L 1 f 2.4 J � N L'0 GREENPORT COMMONSI We the undersigned are opposed to the proposed cons action of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : I . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection. 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to- Greenport , adjoins a historic district ,• any proposal should be carefully considered--retail use should be rejected outright . Name Address J.�✓-� (�J�. ��Wes: � � � , /'��✓\! pay-t 1 �CGX1AEvN L r r a � ` y 1 Lh� ? 1 G Y/O v s XiL C� r 1 ko 0--b�IL b2�� c C. /� -���� .� e ti � � � , , ,- . � � N rO GREENPORT COMMONS ! We the undersigned are _ ,posed to 1. the proposed cons action of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : I . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to� Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address CS 3 o ' 6�- Co/-4 7 7/7 ctc`C P4 i 6 �ii e2 l0 1 l0 VV-P ✓1 Oct 0( l..v FC k a r-�4U o� 81 X2211- -t,Z.L Al CYQ/'&� Az� '57"/0 _ KU �tp71 L-L l 4 �� ti oti. / 91 �_?a�P4. ti� N '0 GREENPORT COMMONS ! ; 'We the undersigned are opposed to the proposed cons action of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : I . Economic hardship on the Village of Greenpo_rt . - 6� 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address I aG� ,eS hec� FJOf_'%� 5 uL t C, n 8oK r a Cf, alr�7��� ,- t �f T N '0 GREENPORT COMMONS ! ale the undersigned are opposed to the proposed cons action of a shopping center on State Road 25 and Main Street . in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : I . Economic hardship on the Village of Greenpo-rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded -on thre-e sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be reject outright . " e Al U Addres j f 6LM 7Z Z'i tall 16 71 �y �e � Cs'se � ��i _/.f`�? �� _�"�c.�rJ L � Vic•�C� LJ p colt (�' C A All, 16L,I r/ f� 1 N '0 GREENPORT COMMONS ! Ne the undersigned are opposed to the proposed cons action of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- I , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address ! \.5t. -►pep n Poi, )V AILI J &IC, oll U C�a� C_kC)Itf '-I' 0f /W . Cv - •r � 1 c % /Z ,AP� �� U G �'t�L .71 Iva AA iu rA-O- 1��f I J - if �- r- c, �� Ni 0 GREENPORT COMMONS ! , We the undersigned are opposed to the proposed cons fiction of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo-rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address S7 � O2 7 ADD 2Laa,A-.4K7A_ _7L 5 ` - Cy _ /C7 b� ry Ile q lo. 71 ' '•� `�� A �d-®�-rev�hJ� �.LJ r^-.i`dd Z9 " 28 �� Ln� �. ZS oa 9 ----- _ 3t 2 CA Ll P� NO GREENPORT COMMONS ! We the undersigned are opposed to the ,proposed const_ __tion of a shopping center on State. Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : -1 . Economic hardship on the Village of Greenport . 2 , Increased traffic flow to an already hazardous interse =tion . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address L S 20 4L <r• r - C) )V `.` c 7 LEY 4 �/0 N, L7 56� CU _21 ,�-- A \ t 2J / �` 33a s. £i C� �. T- N '0 GREENPORT COMMONS ! We the undersigned are opposed to the proposed cons action of a shopping center on State Road 25 and Main Street . in Gre.enport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo-rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address r&,&� <,�cc 1",p I o 5i�;, -Ys\55h C lz A Od"rA- PG cc— C7,_ 1 GCQ 47AW,_)LL k&L4"LCIL ' 1 I< T 'Poe, LLL fk(t� .6k6_(LCOL1 &64 Owas -og tAZA All )VLC J � ,.� v - _ 1 l� r2 J/ � r ` N 'O GREENPORT COMMONS ! i We the undersigned are opposed toc=-t.-t_-__proposed cons action of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address � au D PIC .,A I z Uri ALI f iu 6/1 R." 1 ` SOLI c DZ- 60_" KC0,441�`f� C _ 141 L1qvK_1_ Le Jv A I In e— 062-1 �-al I: WJ1 �A,�L,40 0, &AE(L r.L 7-1 e -� N 0 GREENPORT COMMONS !, We the undersigned are _,.,,osed to the proposed cons action of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2' 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo,rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . NamT Address q t /I /I XA /,4�-4../i/k'Di C/r, Ji d'y,—, 2vil ol'(' k�lq //(P"T I AV_n 0 C•! i 1 X d �A�"f�ll�lYoS �Al� YiZ. 1S. Q.Y. qA L Lt,- A�co-v� to yt Ct Po. ti t6o 't'n'l J:A a,,i --- n C i� NI 0 GREENPORT COMMONS ! We the undersigned are opposed to the proposed cons action of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of . Greenpo.rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address - h ' , l K R JA 19 Sig CUA-A(\ YY\A_0�4 LIVA i 0 / �41 L N; ;O GREENPORT COMMONS !We the undersigned are _r,)osed to the proposed con: lctio,i of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . N,a�n a Address - v A-ac V` t(1_ 41 a 6, J)'9 rQ e-'4��"-'f� 4L 1 / v rr� 2L �t�-t' N, 0 GREENPORT COMMONS ! We the undersigned are �,FFosed to the proposed cons fiction of a' shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be, carefully considered--retail use should be rejected outright . Name Address 5�3a CA- Q ell Ck ,. r A( - E4COIO_ ell '--h U� C © � �- 2 Np 0 r`� zv A t / r � y sat, C/ I TO GREENPORT COMMONS ! We the undersigned are opposed to the proposed con_ _ _uction of a sholl*�' center on State Road 25 and Main Street in Greenport , Suffolk Tax p # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the village of Greenpo.rt . 2 . Increased traffic flow to an . already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address IMP v�L rN P /Mz c� 5 1' o f AJ Ali CA )-O C?A'ZP <:;;r J1 ,< Z9W /L 4,JUG' -Y �zl�_ ___i/r ��V x I _i TO GREENPORT COMMONS ! We the undersigned ar pposed to the proposed cc :ruction of a shopping center on State Road 25 and Main Street . in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the. following reasons : 1 . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by .a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name f Address NO TO GREENPORT COMMONS ! ' We the undersigned are )posed to the proposed coi ruction of a shopping center on State Road 2D and Main Street in GreenpULL , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt .. 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address /`( r' IJ � /Ur-r-A C-/r_0_I67 rVIL b&" NO i ,GREENPORT COMMONS ! 4 We the undersigned are o_ _ ,sed to the proposed const ction of a shopping center on State Road 25 and Main Street _ in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area. 4 . The site is`, the gateway : to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . NaAie Address CECm-Ma �[-do ✓OJw J /C/ N CO GREENPORT COMMONS ! We the undersigned are _ ,posed to the - proposed con! uction of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- I , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address /240 w i l\ Lv CA\k, A ,UC__ C' C)K 0C N PO GREENPORT COMMONS! We the undersigned are _ ,posed to the proposed con; uction of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address17 f c7X G l(o ��i I d— ✓� 14. z NO ,GREENPORT COMMONS ! We the undersigned are opposed to the proposed const tion of a shopping center 'on' State Road 25 and Main Street in Greenpog4t _ atffolk Tax Map # 1000-34-2- 1 , for the following reasons : A . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , '+ any proposal should be carefully considered--retail use should be rejected outright . me Address i T> NO 7 �REENPORT COMMONS ! We the undersigned are opposed to the proposed constr__ _ ion of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : A . Economic hardship on the Village of Greenport . 2 . Increased traffic to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area. 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address /y /�j7vl 12A-I� ZIT lb ke a, G�r 6 tic It - --- 1 t o C /If 7/ - �� J _ h- 1 I•r N( 0 GREENPORT COMMONS ! We the undersigned are crrosed to the proposed cons ction of a shopping center on State Road 25 and Main Street , in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address l V!1 h ey �_&/ LLtkJw� - a . r ���: , NC-9. GREENPORT COMMONS ! ------O We the undersigned are c )sed to the proposed -cons) ction of a shopping center on State Road 25 and Main Street , in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address vez �;N� PO %Iwo NYL t5' \,-,4 P I 74 4-, e- f, _ 4 � , �F r ` �J Awes NO GREEN'P0-R rIONS ! , We the undersigned are or, -3 ed to the p oposed consti tion of a shopping center on State Road 2_5 and., Main Street in Greenport , Suffolk Tax Map #1 000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Gre'enpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 _ The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address 2 r Cotr !' ter/ S`r /71 �Aq s h� S4- J ) Gl7 c _;7fll �4 . ��LP�..r�pu✓ L c-/264 NO TO GREENPORT COMMONS ! We the undersigned are opl ed to the proposed constr ion of a shopping center on State Road 25 ar:u Main Street . in Greenport , ffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address ov rV v 0 r' c° U —T'' 2 r �I - - � We the undersigned are o_ `d to th;::- % )osed .const :tion of a shopping center on State Road 25 and-- Main St.reet . •in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : 1 . Economic hardship on the Village of- Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjo.ins. a historic district , any proposal should be carefully considered--retail use should be rejected .ou'tright . Name Address ti, L --- �S'1 �w� GIVY i X4(r 14&� C) �.5 q • . v Tg4( Z' -27 G N( O GREENPORT COMMONS ! We the undersigned are c,-, ,os.ed to the proposed consl ction of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- I , for the following reasons : I . Economic hardship on the Village of Greenpo_rt . '2 . Increased traffic flow to an already hazardous intersection . It is surrounded on three sides- by a residential area . (4) The site is the gateway to- Greenport , ad,%'' ns"'a historic district , any proposal should be carefully considered--retail use should be rejected outright . Nam ` Addr C/ A_-VA i J OF ,46 S - a o Q) Lr4ri, A 4 202 P_v__ ! Act 0 0 ( W 4,414. moo CU'Q 0 [A 5.-r— ' �= r� y 44, ro 2r ............ X/C" , Ld End dire-, (ah. C, -- _-- N 2md a (:-:)k,Z411 (7/7 v 0 �'7 NU T( ftEENPORT COMMONS ! S� vQ� �We the undersigned aret posed to the proposed constru on of a shopping center on State Road 25 and Main Street. in Greenport , Suffolk Tax Map # 1000-34-2- I , for the following reasons : I . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area. 4 . The site is the gateway to Greenport., adjoins a historic district , any proposal should be carefully considered--retail use shouc� 1 rejected .outright . Name AddressAq, _ r AILW /✓r DA 44 - / P XL CL4, L, . bon � S . • r _mil � -- - - i, �r oo _ A. I , NO Ti REENPORT COMMONS ! We the undersigned are oppoaed to the proposed constru on of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- 1 , for the following reasons : I . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Name Address S�41J o 2P9b F NO - GREENPORT COMMONS ! 4-Z,6II " We the undersigned are opp., ed to the proposed constr : ion of a shopping center on State Road 25 and Main Street in Greenport , Suffolk Tax Map # 1000-34-2- I , for the following reasons : 1 . Economic hardship on the Village of Greenpo_rt . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . a e P Address V e_,�f ey kll� L &Ar z P041t f -e& &JA_ j�4� (C- W I f" �e�. a- Aot e�z cJ ��. C( DLi> D ef t. N4 0 1 tv'l (Apkrj Hr c (Llv\ --_Rw_ At",) ki-r-YE -431 CAD L J dLS "v 0 "e SOUL 0 _S3LR_- �1 0 zq6 - ----- 411��a"'J a r n A4 Tvr4 Lk NO TOE :EENPORT COMMONS ! We the undersigned are opposea to the proposed construc on of a shopping center it `State Road 25 and Main Street in Greenport , ,Ssffolk Tax Map # 1000-34-2- 1 , for the following reasons : . 1 . Economic hardship on the Village of Greenport . 2 . Increased traffic flow to an already hazardous intersection . 3 . It is surrounded on three sides by a residential area . 4 . The site is the gateway to Greenport , adjoins a historic district , any proposal should be carefully considered--retail use should be rejected outright . Na Address 04e.1 e a w 4- 0 rp.P n o r Ili fJe o 310�6 C Po 6(96y_PO tSOY � oR ����' .w ct? ' • � .w Lam. —. �`i �U/�.�__C,f---5�f�� l i�___..r�_ - �%, �� ��" 7-14 ek_6_1 XL Z.J - � � A I P O_ 76C ---- a �S � ) �/ �` TIP-" w, " '4T -e-. L) -e�u i r ���CQ Dr O �53 b 76 MAR >;.. '. � ) 0 America the Beautiful USA15 �'w ►.� S o V Philadelphia: W r,.j� t Independence Hall ri ©USPS 1989 S0 J 441 v ) j William & Joan Kart 611 Bailey Avenue Greenport, New York 11944 February, 29, 1990 Southold Town Board of Appeals Main Road Southold, New York 11971 To Whom It May Concern: We are- writing to express our concern regarding the current construction of the "Greenport Commons" located on Route 58 in Greenport, New York. Our property is adjacent to the rear corner section of this area and there is a continuous flow of garbage into our yard. This is substantially interfering with our privacy and with the quiet enjoyment of our property to the extent that we are considering commencing a legal action against this concern for "private nuisance: " We would hope that a fence separating our property from this activity will be erected by "Greenport Commons" as soon as possible in order to provide us with some relief . We are also anticipating the lighting arrangement that will be installed for the parking lot and can foresee a problem arising there. In essence, we are registering this formal complaint to apprise you of the situation with the expectation that you will take these factors into consideration when granting "Greenport Commons" a variance. In addition, we would like to notify you regarding a dangerous situation at the intersection of Sound Avenue and Main Street. We are already aware of a minimLim of four Deaths at that point within the last two years and hope for the safety of our family and the public in general that-a remedial measure " is taken within the near future (i.e. stop light, traffic light, etc. ) . Any assistance that you could give us would be greatly appreciated and we would ask that this letter be kept on file. Thank you for your courtesy and cooperation. Respectfully, William & Joan Kart cc: Greenport Commons Town of Southold Board of Appeals [,lain Road Southold, N.Y. 11971 Re: Jordan's Partners Dear Members of the Board: a- This letter is being written with mixed feelings in regards to the proposed construction project. While it is understandable that a business expects a return on investment, it is difficult to comprehend why a business person would expend a large arnount of capital at a time of weak economy in an area where there are many business store fronts vacant ( ie. Sterlington Commons, Victorian Village, Kontakosta's storefront ). Perhaps there are other reasons which the general public is unaware of, but in the minds of many local people this project appears to be 5 or 10 years premature. Another area of unkept vacant stores with broken or boarded up windows and trash blowing in the breeze is not desirable. The traffic problems have not diminished and the new traffic pattern at the intersection of routes 48 and 25 is worse than ever. Add to this a traffic flow due to retail shops in operation and there may be a hazardous situation to the general public. It is hoped that this has been thoroughly researched and considered. This is no question that the thoughts of noise pollution become apparent. A retail shop operation requires truck deliveries at all hours of the day and night. Depending on the type of retail shop, it is possible to have store hours around the clock and perhaps not the roost desirable clientele inhabiting an area adjacent to residential homes. It is not uncornrnon for business,people and investors who are not residents to do whatever it takes to proceed with their project to accomplish a bottom line. Sometime it is done without regards to how it effects the local inhabitants who will live with the situation for rrlany years. Please consider these concerns before approving the project which can have so much influence on us. Sincerely, Alice Green Town of Southold Board of Appeals Main Road Southold, N.Y. 11971 Re: Jordan's Partners Dear Members of the Board: This letter is being written with mixed feelings in regards to the proposed construction project. While it is understandable that a business expects a return on investment, it is difficult to comprehend why a business person would expend a large arnount of capital at a time of weak economy in an area where there are many business store fronts vacant ( le. Sterlington Commons, Victorian Village, Kontakosta's storefront ). Perhaps there are other reasons which the general public is unaware of, but in the minds of many local people this project appears to be 5 or 10 years premature. Another area of unkept vacant stores with broken or boarded up windows and trash blowing in the breeze is not desirable. The traffic problems have not diminished and the new traffic pattern at the intersection of routes 48 and 25 is worse than ever. Add to this a traffic flow due to retail shops in operation and there may be a hazardous situation to the general public. It is hoped that this has been thoroughly researched and considered. This is no question that the thoughts of noise pollution becorne apparent, A retail shop operation requires truck deliveries at all hours of the day and night. Depending on the type of retail shop, it is possible to have store hours around the clock and perhaps not the rnost desirable clientele inhabiting an area adjacent to residential homes. It is not uncommon for business people and investors who are not residents to do whatever it takes to proceed with their project to accomplish a bottom line. Sometime it is done without regards to how it effects the local inhabitants who will live with the situation for many years. Please consider these concerns before approving the project which can have so much influence on us, Sincerely, Alice Green 15 March 1990 To the Southold Town Board of Appeals : The proposed Greenport Commons complex is an example of the kind of misuse of our open spaces which the long_ awaited Master Plan was designed to prevent . The construc- tion at this important intersection of yet another row of stores and offices , offering goods and services of the type already abundantly available within the Village itself and elsewhere nearby , would not only adversely affect Greenport ' s commercial center but would needlessly and unalterably damage the rural character of the whole area . There are at present numerous stores and offices in Greenport and throughout Southold Town--including space in the newer "malls " --that remain empty after more than a year , some much longer . This proposed development has been extremely unpopular in the community at large , has been c.ritized . in the press and chambers of commerce . It has nothing new or attractive to offer ( except to the developers who will take their profits and move on , leaving us with the mess ) . It is opposed by environ- mentalists as well as those who care about preservation of the historic and rustic charm of the North Fork . And it is in conflict with the Master Plan which went into effect in January , 1989 . Yet a building permit was issued last Spring . Inexplicably , this error went apparently undetected until after the foundations had begun . It is difficult to believe that Jordan ' s Partners remained totally unaware all along of the illegality of the situation and even harder to understand why the Town waited so long to take the stop-work action . Granting the requested variance now on the grounds of financial hardship suffered by Mr . Tsunis will only compound the error and set a very sorry precedent . It will very likely open the way for further exceptions to the rule and future random commercialinvasion to the west and east along a stretch of highway that has so far managed to escape the blight of 3uq- urban sprawl . We urge that the requested variance be denied . - �sr C r /J Y i - PO Box 224 New Suffolk, N.Y. 11956 March 20, 1990 Zoning Board of Appeals Town Hall Southold, N.Y. 11971 Dear Sirs : I would like to add ray voice to those opposed to the requested change of zone in application #3915 called Greenport Commons. Aside from this action being a drastic variance with respectto the Master Plan as it is, the consequences of such a project in adding hazardous traffic to an already busy and dangerous corner seem too enormous and unnecessary to contemplate. Please do not allow acceptance of application #3915. Sincerely yours, 3 MAR 2 7 1990 a PIarch 222 1990 Southold Town Board of Appeals Niain Road State Road 25 Southold, N .Y. 11971 Dear Gerard P . Goehringer, Chairman: In regard to appeal No. 391.5- Jordan' s Partners , Greenport Cor.mons shopping center. Please disapprove his request- for retail stores. The Plaster Plan was revised on this land which was top priority. The town changed the zoning of the property in an effort to limit development of the area and preserve more open space . At a time when Long Island is becoming overdeveloped. Lets hold up to the pressure .. The PIaster Plan took alot of time and money. We don't avant to set a precedent overriding the zoning ordiance . This shopping center will have an environmental impact to our Town. After talking with the Town Attorney, he states the Southold Town Board of Appeals may make themselves Lead Agency. To request a Full Environmental Impact statement to be done under the basic SEAR Process . This project will most definately have an impact . Please request one be done. Thank you, Q p ' a,�Jc.trt f 01 JW 1 3'tW GREENPORT ACTION COMMITTEE OF CONCERNED .CITIZE P .O . Box 618 Greenport , New York 11944 June 11 , 1990 Supervisor Scott L . Harris Southold Town Hall . Main Road Southold , New York 11971 Dear Supervisor Harris : We are a community group devoted to good planning and supportive of the Greenport downtown business district . There is a variance request to Southold Town Zoning Board of Appeals that would be devastating for downtown Greenport : Jordan Partners ' "Greenport Commons" . We do not want Greenport to be victimized by a Building Department error . (They issued a permit for retail construction contrary to the passage of the Master Plan by Southold ' s Councilmen which ruled it a residential/office zone . ) It would be a serious error for the ZBA to undermine the Town Councilmen ' s responsibility for zoning . We hope the Southold Councilmen and Planning Board will meet with Greenport officials and citizen groups to come up with a solution . In the meantime , we respectfully ask you to advise the ZBA that you do not want to abdicate zoning responsibility to that appointed board and that they should deny the variance and refer Jordan Partners to the elected officials for a zone change . The public should be consulted and involved in the process of pursuing other uses for this property that would both benefit Southold Town and the Village and not unduly penalize the applicant for his ultimate responsibility in not researching the legality of his actions . We would welcome the opportunity to participate in any discussions or meetings on this matter . Thank you for your consideration . Sincerely , Dw yne Early Joanne Dolinar Cindy ekes President "Commons" Committee "Commons" Comm. Randy ade Decia Fates Colett Clayton "Commons" Comm. "Commons" Comm. "Com ' o cc : Southold Councilmen, ZBA & Planning Boards Greenport Trustees and Planning Board D X. prances Parquson 66230 North Road, Box 589, Graanport, NY 11944 Southold Town Board of Appeals, Gerard P. Goeahringer, Chairman RE: Appl 0 3913 Jordan e s Partners Request for Variance to the zoning ordinance ,Tuna 26, 1990 . Dear Sir, With reference to the aforementioned requost, T would urea you to consider the impact of granting this variance. The master plan was implemented for a reasaont to rezone without justification makes no sense whatsoever especially considering the need for affordable housing in Gr®eenport. To use Mr Touniae financial situation as a justification for rezoning is totally unacceptable to me, a resident living within sight and hearing of the location in question. While Mr Teunis may suffer a financial lose by selling the lots for residential instead of commercial use, 1, a taxpayer in the town of Southold, could also realize a depreciation of my Property living next to a strip mall. The big difference is that Mr Tsunis can write off his lase, I cannot. Considering the vacant commercial properties in the village of Grdenport, building additional stores would be ludicrous; creating competition for existing businesses would only drain business away from the village that we are intent on revitalizing. A strip mall in Greetnport is totally out of character, a vacant strip mall would be an eyesore. am also requesting that a DEIS be done and a Yong form tAr be completed before any decision is made. Thank you for your attention. R speIns y you , rF rguson. rtr �� on n�• ,Q are Fn- X ,TUN 2? '114=216 V STPPIIIEGIC MMNI116 SPECIAL Er X. praneez Ferguson 66230 Worth Road, Bog 389, Greanport; NY 11944 Southo'lW�d Town Board o f Appeals, p. Goa ringer, Chairman M. p.yp l # 3915 Jordanla Partners ,,n,aa-usst for VarlanQe to the. Zoning Ordinance June 26, 1990 bear Sire With reforenca to th6 afor;am4ntioned reepioate T would urgg You 'der the impact oT granting this variance.to o:;onsi L��� 1.t. _� p - i!5n_- �.-, gia-star plan was 1japlegnented for a reasonj to rez without makes no sense whatsoevtr especially `-h4� new. for affordable hoasinq in Gr"nport. To use -kv%tion as a justification' for rezoning is , r situ tall a resident living within sight and Rom Ing ta location In, qu�',,S t.1 0 yl of jqrjie 1jr Taun46 may Duffer a firanoi&I loaa by selling the Vor-s -or remidantial instead of coninercial use, 1, a taxpayar in L th toshold, could aim realize a dOPreciatiln� MY L �-1,o p e rt-y 1 *1 13 n q, n o x t _11--o a sitrip mall . The big di!! 1 -- Is that- Mr 1.1'sunls can write off his loss, I cannot, Considering the -vacant commercial joropert-ies In the village of Gree-nPort, building additiona2l. stores Would be ludiorous; c r e a t ing competition 4fe-, existing bu6inesses wo,,ild only brain buisinesq- away from the village that we are intent on revitalizing. A strip r,,,ail in Greenport is totally out of character, a vacant atrLp mall would be an eyesore. 7 ar, also requesting that a DEIS be done and a long form EAF be complerted before any decision is made. Thank you for your attention. R spect ally you r sped. ns F rcqua0h, nt. t"? elf) UN 27 !-GOI 14e-'6 n U STRATE6 1 FLANN I NG SPEC 1 AL ;YS 09? P02 Qr". A 71 0 M r)? 0 PM P n 9 JUN 13 �p L l3 A 13 June 1 Mr . Scott Harris , Supervisor Town of Southold Main Road , Southold , 11971 New York Re : Greenport Commons Dear Sir : The following is the text of a statement made before the Zoning Board of Appeals at its March 15th hearing on the above subject , and signed by a number of Greenport and East Marion residents : "The proposed Greenport Commons complex is an example of the kind of misuse of our open spaces which the long-awaited Master Plan was designed to prevent. The construction at this important intersection of yet another row of stores and offices , offering goods and services of the type already abundantly available within the Village itself and elsewhere nearby , would not only adversely affect Greenport ' s commercial center but would needlessly and unalterably damage the rural character of the whole area . "There are at present numerous stores and offices in Greenport and throughout Southold Town--including space in the newer malls--that remain empty after more than a year , some much longer . This proposed .development has been extremely unpopular in - the community at large , has been criticized in the press and chambers of commerce . It has nothing new or attractive to offer ( except to the developers who will take their profits and move on , leaving us with the mess ) . It is opposed by environmentalists as well as those who care about preservation of the historic and rustic charm of the North Fork . And , it is in conflict with the Master Plan which went into effect in January , 1989 . " Yet a building permit was issued last Spring . Inexplicably , this error went apparently undetected until after the foundations had begun . It is difficult to -believe that Jordan ' s Partners remained totally unaware all along of the illegality of the situation and even harder to understand why the Town waited so long to take the stop-work action . "Granting the requested variance now on the grounds of financial hardship suffered by Mr . Tsunis will only compound the effor and seta very sorry precedent . It will very likely open the way for further exceptions to the rule and future -2 random commercial invasion to the west and east along a stretch of highway that has so far managed to escape the blight of suburban sprawl . "We urge that the requested variance be denied . " Now , three months later , because of continued public opposition and increased awareness ' of environmental and economic concerns , it seems unlikely that Greenport Commons will become a reality . The problem remains of what to do about this parcel , currently in a ravaged condition ; how to reasonably . compensate Mr . Tsunis for hi-s costs thus far and how to appropriately use this large area in a way which will benefit Town residents and, not violate the essential character of Greenport , upon which tourism - on the North Fork depends to a large extent . Perhaps some combination of needed housing and recreational space can be the solution . Or a public park with tennis courts , etc . and hourly fees . ' In any case , the residents of the Town should be allowed a voice in the final decision . Increasingly , people are dismayed by the waste of precious open land and resources sacrificed forever to foolhardy projects . Here , we have a second chance . Let ' s make the most of it . Respectfully yours , �'/ Jane M: Gohorel East Marion , N . Y . b y JUL 19 MM1870 Stars Rd. East Marion 11939, N.Y. 18 July 1990 To: The Southold Town Zoning Board of Appeals Att: Mr.Gerard Goehringer I understand that on July 25th a final decision is to be rendered on Greenport Commons. Mr. Tsunis ' request for a variance to proceed with commercial strip development opposite Porky's restaurant in Greenport should be denied. This project is utterly inappropriate for Greenport. Not only is it in conflict with the Master Plan--which should be upheld--but it is completely out of character and would have a negative effect on the commercial heart of the Village. Mr. Tsunis ' plea of extreme financial hardship is unconvincing. As a professional developer, and a lawyer, he must surely have had more than an inkling of the restrictions on the use of this parcel . It is not uncommon for a developer to deliberately proceed with razing a parcel and commencing construction, in order to force acquiescence, after the fact, by local govern- ments. Please don't fall for this. Greenport must not be sacrificed because of a series of errors and imprudent actions by Town officials and Mr. Tsunis. Financial compensation to the owners of the property must involve a careful determination of their actual costs--not what they might have realized had the project gone through. And these costs should not include the bulldozing and beginning of construction, leasing arrangements, etc. None of these should count because they were illegal and premature. Why should a speculator in real estate be compensated for a gamble gone wrong at the expense of an entire community? Mr. Tsunis can undoubtedly write off any losses. Can the same be said of shopowners in Greenport and Southold who would be adversely affected? This project was a mistake from the beginning and was done with no public input. Besides the total redundancy--stores and services whichwould duplicate many already available, it will disfigure the face and image of a historic Village. It will also set a precedent for blithely putting aside the concept of the Master Plan--something that has evolved after much study and public input and which is essential to saving our way of life on the North Fork. Assuming that the Board of Appeals will make the right decision, what is to be done about this parcel , currently in a ravaged condition? The very recent example of an overwhelming public reaction to the threatened loss of precious parkland--"67 Steps"--and the quick response of the Town to the voice of the People , sparks an idea. - 2 - The Town does not need more strip development; there are already too many empty stores and office space. There is a lack of affordable housing, a lack too of recreational space for local people as well as for tourists. .. Why can't the Town acquire this land--perhaps Mr. Tsunis might now be amenable to making a deal--and reserve it for parkland or future appropriate middle income development, or-perhaps a mix of the two? In view of the public opposition to Greenport Commons and the growing dismay at increasing random development which could eventually destroy the essential nature of this area as it is doing all over the world, please vote No on Greenport Commons. You will thus be aiding in the preservation of a very precious environment, You will also give a lift to local shop-owners who really need it. We really need them too. They are a wonderful group, very interesting, very diverse. We could lose them all and that would be sad. Si cerely, Jane M. Gohorel CC� GOMG 1' y . 29NO Southold Town Zoning Board of Appeals, This letter is to inform you, that my wife and I are opposed to the construction of Greenport Commons. We feel like many of the residents of Greenport, that this Strip Mall is not necessary and will spoil the rural-agricultural nature Of the East End. The people of Greenport and of Southold township feel there are enough empty stores in the area. All these people have signed petitions , which I am sure you have receiv- ed. There is a Chinese take-out in the village . There is another one on the North Road in Southold. There is a-_­Chknuse restaurant in Southold. We don't need another one. My wife and I purchsed the Tasker family house on the North Road and have put a lot of money and our health in restoring the house . If Greenport Commons is built it will depreciate the value of my house . I can't write off my loss like Mr. Tsunis can. The intersection of Main Street and Route 48 (North Road) is a dangerous corner. There have been many accidents even a death. Imagine how much more dangerous this inter- section will become with the added traffic from the Mall. The Greenport Commons will create a hardship to the stores in the village. The Master Plan calls for this property to be zoned residential-office. So please do not change the zoning of this coner property. Moults trul Joseph J. Misuraca 232 North Road Greenport , N. Y. March 15, 1990 Zoning Board of Appeals, Southold Town Dear Members: As members of the Greenport Historic Preservation Commission, we are deeply concerned about your decision regarding "Greenport Commons". If Greenport Commons is commercially developed, we feel that Greenport's commercial district will be adversely affected. Much of that commercial district is officially designated a historic district.. Therefore, we urge this Board to hold firmly to the zoning spelled out in the apprVed master plan. mbers, Greenport Historic Preservation Commission Remarks b ,,y In ,, L. 'Flynn before 1'outhold Board of Appeals, ?-!arch 15, InnO Re: -AonliClation No. 3915 ( Jordan's '.--)artn-rs) MY name is InTebor- L. 7lynn. I am a resident of the Town of Southold. I Would like to express my opinions critical of this application. 7Refore doing so, I would like to cite, briefly, Some of my background and experience which,as in a legal proceeding, serve to qualify my opinions. I have been a licensed real estate brol-cer for over twencv- vears and am a graduate of the Real T7.9tate institute. 7 conduct my business from an office in the Village of I have been active in the sale, leasin,-, and 'Linancin7, of commercial, industrial and income properties as well as vacant land in various zonin:-,, districts' Jrxl• residential pi-operty. Over a period of seven years T vas pro--7ressively: secretary, treasurer and vice president for Suf foll County of the Long Island Bard of Realtors. I served in this latter capacity for three years. In addition, I was a director of the New York, St-ate Association of Realtors and tlY chairperson of several committees. To address the subject application, in i--iy opinion it represents yet another attempt to circumvent, or try an end run, around the '71outhold. Zoning Code by sellcing a rezoning, diguised as a variance. It is my understandin,,),- that rezoning requires legislative enactment and is a -function reserved to the Town Board. It is' 'any understandinS, that the basis for this, application lies in the erroneous issuance of a Ruildinf,, Permit, subsequent to the adoption of the '1-!,,aster Plan, and a later Stop ?-Iorlc Order. I fail to see where an on the nart of the Buildinr; Deparment overides an existing, Zoning; Ordinance. I believe you will agree wi i;h that the prei)-aration Of a comprehensive, or i'Raster, plan s-p, arts, or should start with a 6/�jA; balnh piece of paper. The overall plannin_, of the ToT,m is to be eonsi.derd in terms of needs and effects, now and in the future. ?lot of least importance is the long term effect on the character and viability of established co niiunities. A review of the situation reveals that the Town had lone,: ,since made its intention9clear. Preliminary Land Use Plans for Southold Town i:acre released to the public in January 1934. These plans L%rere prepared by ti_e Town's consultants: -ay,?;ond, Parish, Pine and ?Feiner .:rho placed the property -in a Hamlet Density Residential District. This ` was approximately five years before the adoption of the Mlaster Plan. B1, January 10�7, RPPwl s plan had been revised to Residential Office use. I rarely find myself in agreement with the actions of the Southold Town 7oa.rd with respect to zoning. Their overall actions with respect to the Village of Greenport have been particularly harmful. They have demonstxt�ude a predisposistion to locate all of the intensive, undesireable uses unwanted elsewhere on tl�e perimeters of the village on the false premise of adequate and' safe waLe:r supply. Contrary to its .Stated policy, the Board has strip zoned Route 2 , the major access route to the village. }laving saVthis, I find myself in agreement with the zoning of th e subject property. Any observer of the real estate scene has observed the adverse effects of the development of hi.lf�hlijay business one establi'hed downtoT,-,m businee^ areas. I need only cite 7,zbylon, P ay .^,hore and Patchogue as examples. The downto,oni business district of Greenoort is suffering. Stores are vacant and newly erected shopping centers are doing badly. Nany tenants are of marginal quality. A slipping center to the west on. the North Road has been foreclosed recently. The Villame of Greenport is roakinr;, valiant efforts to restore .its iT7 Ee as a tourist attraction and cQ?!1',1erci.al co-rriter. To establish, contrary to the Zoning Ordinance, a shppim- canter on � a traffic is artery north of the village would repeat the mistakes of the past and serve to undo the efforts of the villa._;e. The subject appeal No. 3915 is classified as an Appeal from decision of Building Inspector. I am sure t?lere have been enough legal precedents set in this area to require no comment front me. However, }te application appears to be in the nature of a dual attack. It also seeks a variance ="r om the Zoninr0 Ordinance. The Board of Appeals is ennowere to altar the strict letter of the law or to alter the application of zonin regulaticns so that ` their spirit is observed. The zonin chamre tvrhi_ch :aoul l be raquircd is hardly altering the letter of the la-a. As for the spirit of the law, this is ra nebulous concept. T,ie Zoning Ordinance is the actual law, clearly defined. T-tardship and practical difficulties as the Jroundsfor a variance must be inherent in the property; not its ownership. TIardshir is measured in financial terms, by proof that the property as rer ulated is valueless. A�frequently cited test is that the property has only It a bare residue of value". As far as practical difficulties are concerned, they too must be inherent in the land and not thoe oomers intentions or operations. �'i th respect to the owner's submission of a Short I nviropmental or;n, I T•:rould like make sorte short comments: Ouestion I,To. 12 apparently disrecgars traffic problems, at a major intersection. Question P1o. 111 states that Lhe project-, will have no major effect on the character of the cormunity or net 7.tiborhood. Question No. 15 answers the question of public controversy with a r?o. `' (3) ' Istummation, i,lhat is sought 1 iere is a onin ; c. an7,e, not a variance. This is a matter for legisla.tive enactment. (.zrantin a variance to acto?iodate the oi�mer's objectives �;,ould o far l oyond both the Letter, and spirit of the reZulati.ons. Jrrors on the part of the Buildin Depart lent cannot void zoninZ regulations nor can the; serve as the �a::>is for �rantin,,-, a variance. A oSUFFOL�c PEALS BOARD MEMBERS y� - Southold Town Hall Gerard P. Goehringer, Chairman y 53095 Main Road Serge Doyen, Jr. �� P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 24, 1994 Matthew E. Pachman, Esq. 366 Veterans Memorial Highway Commack, NY 11725 Re: Proposed Application - Jordan's Partners & Pantelis Papazoglou Dear Mr. Pachman: In response to your most recent communications, this will confirm that our position remains unchanged. Very truly yours, GERARD P. GOEHRING CHAIRMAN r f QS�FFOI,�C pPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman N ,? 53095 Main Road Serge Doyen, Jr. ��+� P.O. Box 1179 James Dinizio, Jr. y a0� Southold, New York 11971 Robert A. Villa pl c �`WL'�Y Fax (516) 765-1823 Richard C. Wilton `r Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1994 Matthew E. Pachman, :Esq. .366 Veterans Memorial Highway Commack, NY 11725 Re: Proposed Application - Jordan's Partners & Pantelis Papazoglou Dear .Mr. Pachman: Our Department has. reviewed all of the documents delivered to our office by you pertaining to the proposed filing of an appeal application. It is our Department's position after reviewing these documents that the application is found to be unacceptable for filing for the following reasons: 1) The appellate jurisdiction for a Board of Appeals is limited to hearing and deciding appeals from .and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted (Ref. New York Town Law, Section , 267-a4)) . The copy of written correspondence from the Town Attorney dated August 16, 1994 is not an "order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted- . ." and therefore is not acceptable as the basis for filing the appeal; 2) Also, an appeal must be taken within sixty days after the filing of any order, requirement, decision; interpretation or determination of the administrative official charged with the. enforcement of such ordinance or local law by filing with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought (Ref: Town Law, Section 267-a5) . The Stop Work Order which is requested by the applicant to be reviewed was issued in 1989 and, therefore, is not acceptable as the basis for filing the appeal; Page 2 - October'15, 1994 To: Matthew E. Pachman, Esq. Re: New Proposed Appeal - Jordan's Partners 3) The appeal application states that you are requesting an Appeal for an Interpretation of Section 100-255. There is no order, requirement, decision, interpretation or determination of an administrative official charged with the enforcement of Section 100-255 of the Zoning Code of record dated within. the last 60 days; 4) No other documentation, as submitted, was found to satisfy the requirements of New York Town Law as an appropriate basis to appeal We therefore return the documents submitted. Very truly yours, c,.. GERARD P. GOEHRINGER� CHAIRMAN da Kow,a B�oared Cr k Via Fax Transmission to 543-2271 and Regular Mail HARVEY A. ARNOFF cn SCOTT L. HARRIS Town Attorney Supervisor MATTHEW G. KIERNAN � � @�®� °� Town Hall, 53095 Main Road Assistant Town Attorney P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM '? �_= �I ' 7 TO: Town Board ��'l-' Zoning Board of Appeals P�alnnIrigg l�099rcdtor FROM: Matthew G. Kiernan, Assistant Town Attorney I� DATE: September 30, 1992 RE: Jordan's Partners Annexed hereto please find a Notice of Appeal which has been filed by the petitioner in the above-referenced matter, for your information. Should you have any questions, please feel free to contact me. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----8 JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU, Petitioners/Plaintiffs, NOTICE OF APPEAL -against- Index #90-23777 GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR. , SERGE . DOYEN, JR. , JOSEPH H. SAWICKI, JAMES DINIZIO, JR. , all constituting the Southold Town Zoning of Appeals, VICTOR LESSARD, Principal Building Inspector, Town of Southold, Respondents/Defendants. -------------------------------------% S I R PLEASE TAKE NOTICE, that the Petitioners/Plaintiffs, JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU, hereby appeals to the Appellate Division, Second Judicial Department, 45 Monroe Place, Brooklyn, New York 11201 from each and every part of the Order of the Supreme Court, Suffolk County, dated. June 20, 1991, (GOODMAN, J. ) , entered July 1, 1991 and served with Notice of Entry on September 2, 1992 . DATED: COMMACK, NEW YORK Yours, etc. September 25, 1992 HOWARD E. PACHMAN, P.C. J Attorneys for Petitioners/Plaintiff$ 366 Veterans Memorial Highway Commack, New York 11725 (516) 543-2200 TO: HARVEY A. ARNOFF, ESQ. Attorneys for Respondents/Defendants Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 S r'Or I PART I ART?qERS and pA gTr-i,IS PA.PAZOGid LT, Petitionersr/PIaintiffs, BY: GOODMAN, J.S.C. : hER I3ATE.r 30 AR1�, P.:OO +IC:Ert,, Chairman, .- '`' 199I HAS Q C12IOOPIIS, JR., SERGE F DC3TEN, SR., JOSEPH H. SAWICKI, bA S DT�: I�IZIO; 3F?., all constiruvmg E NO.:.; 377y"the Souoid 'own Zoning Board of Apmals, VICTOR LESSA;RD Principrl �iluing Inspector, Town of Soutl` ld, Respondents;Defendants. MOT D : p,�claw3& OyHv2Ltir, P.C. Ii R�%E`� A. ARNOrr F,St Attorney for Petitioners �- J66 V Earans Memorial Mahway At;or.ay for Respondents. P.O.:BoX 273 53 I Lain Road Commack, NY 1-1725 Southold, NY 11y7I In this hybrid Article c 73 p:gc ng ,,Id decla atory judgment action, petiticners demand the following reL•z: ) a judgment revetsing -id ?nnfflin •� the respondent, ZoningBoard of A 13, which dy . g .�e Oc•ol;�. �7, .990 determination of p• .,pied petjtcr�ers requ,.st for a use s�ari.;r:ce; 2) 2 judgment dec.'rrzng that the application cr'an a•, endment of a,,e zoning ordinance constituted an . unconstitutional talking of petitioners' property; 3) �judgment in the nature of mandan:ius to compel directing the respondent, Building j:sr=ec►or io �a ,re.aind a stop work-order and to reinstate a prior build no permit; 4) a judgmeal declarL g t+._ facial imralidity of, A : ordinance which reclassified petitioners' pr�rrry ;owl izr amendm,,.�t to the zoniazg damages for d:e unconstitutional *akin of r.�titionGr g £u'in=ss to ResidentaUC�f�ic0; 5; relier''restrainind the Buildin Lts �, $ property; :.rid �) permanent injunctive g p.Lt:rr 4.rd other town officx is from inte ferns with or preventing fiul-her construction on petitioners' premises. For U e r=ons set forth below,petitioners' demands for relief pu;sUant to CPLR Article '78 are dismis ro sed. Petitioners demands for deciarary iudgmLrt, d wages and p%:rnianent injaIlctive relW e sever d and continued as a Plenary action. i A. 1 . PAGE t+°i JOUTHJLD rNDEX. Io. 90-23377 P4titioners the owners of 4.75 acre parc:i of land located ir, the Village (ar" Gre .-Mort, Town of Southold, New In 1984. petitioners' predecessors Ll interest submitt an aprlic tdon to iJ:e clan i"1g Board of the Town of Southold for approval of a site pl= to, develop LY._ prnnis;s with an office retail shopoir.g Nall. At the time of the submission of that ? �:iCa:ion, the; ren ises were zone ,ghr , "B", During the pendency of.t�he site plait p, ' p d L'i ',XSine�s - r 110 ration, the Town Beard imposed a monataium which prohibits. new constrictibn in-ail �listrIcts z , ed business orlmdust.r,.al as the Tow, BL rd was then co' sidering a major rezoning finds: 3 near mastar,rolon.. As a rest it of the mor`tA.Zurn, e f cti��e October 3, 1985, t e Piir;ni.*tg Board declin;d other review of the site plan application for the subject prerrises. On. Fe'brs fry 4, 1986, Lhe owner of the sui;jecr premise; obtained a wziver;frcm the Moratorium prorabitzng development of the subject premises' from die Town Board. This waiver -:fabled the Planning Board to resume its review ��f r.� proviousll submitted site plan. On June 23, AQ186, Lhe Planning Board adopted a resolution ;rsnning sit-- pion approves; to the proposed office./retail shopping mall. i✓ r. ; lie t ,to;_ r� i. s and attempted to In 'pe; ru Oi 1988, etztione,s ac u..?. i�.'. 4 L/1 s' ~^it P.�i: �N r ecure water serricL to m zir prepc:t; rron1 e iS;:. ,,f Creenpor.. However,: petitioners werej advised that municipal water service was nu:%��va ia`te :'_0m the V111a;e and d e Town or Soutrolal refused to issue a building pern;it &I'E OL! water . rVlCe. Petitioners then began to i � ,txplore other sources of wat.e: icr their , on Tanuary 10, 19Q9, i:: :::nd,:,e.,: of c;,e cc nir;g o.dinaricw took efitCt, pursuant., I.vliich, peddoaers' Property was rezone: .fr;;m .t _2us:'n-,ss to yes de—mial/Office except for .30 acre .,portiorl thereof which was c LsSifi_J as R---ri; residers :ial. Ir. :41av of 1989, t`ie Si fo l: %�1::v �carci of i e:itn Epp:cued the digging of a we:l on.� petitioners' propeny. 011 3-ine 8, 19S9, :"e 3u:idi 1.; fnsprCCCr or the Town of Southold issued a r - building permit. "to consaruct obits and re'_-` s:hoop rg c%::ter as appl ed for" and approved by t:'t Planning Board.. In September of 1989, footings an,1 a p arti.ai foundation were cons:rut:.trd on fife prenu,-es. However, the Building Inspector iss;:zd r: stioo �cr:, cider on November 30 1989 prphib�dng further ,.onst~ry ,.c,ion on the � ,,ie,., p Cm:spa. T,,e step work eider indicate. that the origin2l building permit, dated June 8, 1999, haW ur-_n issued in error because the district in which Lhe psemnises are located had been reciassitiec fro;:i wig t Business to ReadentiallO.fzice. Under this classification, which,took zifecr, prior tc uhe issua::ce of the building' permit, use of + the subject premise; for retail sales was rot a use pelrmitted as of right. Or January 31 :� �_O7C�, petitioners sLbmi:t:.. n 3pCi_c;it.On tc; the respondent Zoning Board of Ap*ls for a'use variance allowing there to use heir prelrls:s for retail stores. Public <s he rags were conducted on four occasiors between Nfarch 15, 1990 and July ?S, 1990. .On•Octc er 17, 1990, �_he respondent Zoning Board denied petitioners' apr lic:ation or a use variance.. :?etitioners Bien commenced this Article ;$ pr„ceedi :g!declaarorrir the relief outlinedgn above, i By their fi st cause of action, cctitioners dlcmand .a udgment pursuant�o Article 78 of the CPLR reversing and anriuiixno the; OctGvzf i7, =S90 7c:tI-urination of the respondent, Zoning oard i I • k 7. i resid' U�er,of("I red Frenc. Igvesri;g C,^., Ile. Y C oJ r:'dew Forky ^Y9 N vt 2d 58 7, 385 NYS-$ S {ly%01)• To prey:1 1 at � g � on a claim tl�� the zoning C1aa�Iflc.;ti,,,Z cGntairl its the UF�:in2Sic., a3 aFp:i:.0 to one's propee=ty is urreasotlabie in that it deprives the owner of the use.of his .property without due �J ocwss:and just'com n teen, t"e c Iaildnger ;n:st acre:cone the presi:rnt? on o.f : consei�udonality a.tr ched'to Lhe crdirarce by estaoLshing, beyond a r=onabl-e'doub(, that he can vo=n. 1+:J r.=sonabie revurn on the pro r" from ,cA� �" � p" fl �' �`e.ly .�rly of [1'8 u., t)""^iitt@d by the orditt .*Ic4 <<J�;r�aer. ryes �}tesrer r fts,�ioa . . ca,k.�ssoc :s v Town of B.,,dfordf 00 .NY2d 492, 70 NY')d : 354 (19 3;)'. The fact that ht-property would have a much greater vaioe ir"zoned for ales restndtive uses, or even that the establisher zoning has caused a signi.aca nt di:r: nution in the vall:e Of til prop+rt`,► o rneF's investr:ert is not encu h (Norrhe" Wesrc,�es:er"Profess-.anal-Park i A.ssrciatzs v &-dford, supra). Here, the periticne:s have fCii�.d to esmblish by proof b:cynnd a ' re asonable doubt, u at uhe uoolic::tion or ,re amendca zonir_; ordinance ccnstituc�d an � 'U-t constilu'tional. titan' Ci T:;z.: prG �rtv, i`.ro �vldcic_ t"P-Yorld Glat 3ubr'citred to e,r=—onde nt :.orur,4 boazd of appc:.:1; w?a adducCC' DV :ii'...u[mri DUI tt1U;r '.�a.�:1:.� a�31+'n$. ;Such evid,Z +Ce, vvCdc i ,k.,Z$ t0 �St�C._$i: Jett::•^. 1"S' ?.ntI.r emdn a r:; e •_-�• b t to a. LIS.. Ya....nC+. IS irs'.:f,acie^.t to es*a.blis an un-cansumuonal dec ivzzion of py=tione.s' property, since [h ur+ccnnstitudcrat tp—ldng cl reauir�� n}� : r o eiGCG G n. 1 petitioners'5 a m • e. G...a.riltlril of pro r. r i s y, p ` oners' demand ! fUr I :Qa;71t'::r dz-Claxirl t.F'i.- piicauor, of ii._,,'.i^Yr,iC L':1 zoning ordinaric4 uncoi?-iittltional and for darnzg es «lAg:dly sustain; by rdlsoa of Such ;,ppi:c NocZ, e disr,:issed. n �l �vt�ta�ine.) 1:il.�+Cr Cr::i3.'Id Q;UUn0t'i"IC.-It Pu•'nuzi.rlt :0 Art cle l,3, ::� rite t:dt�r.le arcta�ntt`S tG cCa..ip:.,, directing the buUding cr sc..4 � °f d ' .nap<: .or ;o - , u ;he Hoye;,_r,_r 30, 19�5 step wore order and to reinstate the prevlcssiv issuer bu.ac;na . . � e: t,t a:- -1So disrnisa�ed. Petitioners' Cittn5 for S1C1 or the �rQVi3i .,LC+1 ions vt § 00'25o(b) of . the rydning Qrdinanc: .vnlc: proviue.� ;s ;-o, 1L,.vs: r 1 F. 1 I That all site plans vi-.:+ich sec_:red lira} plat : approval prior to the enac:rn.-nt of ,his article shall remain valid for a of Ul,"=' years from the date or suca ena:t:,.eat. Tili$.r erAQd will begin to run whr':i wi1 .21 e.;+rr+zrit.al approval has : teen obtai.ed. ; peCit oners' ernphasize ih^ approval " uhcir 1 'i t t;+ a�,p.: 41 of u+. . site p+aa :yw; U.�nted by the Planning Board'in June of 1986, which" predated %;i—_ enactment or tre :anua.I-Y 9, 1,989 amend.-rent to the zoning. ordinaslce, pursuara to Which, the petitioners' premises were rAzoned ;tom Light Business to 1 esidpri1 11C�t`Ice. Pet:ticrers claim that pur-aa it to §100-?JJ(b), their premises enjoyed an ' exemprdon floral dho appLication of t:� ama-nded zoning ordinance until :ither 0,; the for wiry da4s- 1) :ant:ary 9, 992 - thr� Ye-;i s from -,he date of en actm.nt of the amendin-nt Co the zonirgv i ordiY-=. ce; or 2) June 8, 1992 - three years from t d date that the uuilding permit-(the ]as: bcver-runta1 approval) WL-' iS.sue.d. Peddoners Cassia that tl:o Building Inspector wrongfully i E I ; � I V. 1�4 ti r-X .fin 37 of Appeals which denied petitioners' ar^'icatior tc A variance. C a use . c)Y- ...� a t2S., cI7oI1C �� b� �r nt_tj ti va,7a:.:':c , the appdcani :rust Csftblis'r, i:-::earl, by proof of the fallowing: 1) that the land La quefuon cannot yield a rye sozable retttrni: •.tsed only for a purpose. allowe-d in that zone• b) that. the plight of the 4wr:er is due to unique cLc!:ms.1aces and not to the general Condiaons'in i ire tlbi ilb4st'iooti; and 3) that tl',e u-e to be alit. oil_,'1! by the vLdlanC,'. '1:i11 not alter t:te essential ;�ra_tcr of'. e r<ei_hbor ocd fiVaaer of 1-111age 6.)ard qF �:ya;r2VW.- V .rCm14i, 53 NY' 254 d � (. , -+"0 N-t S2d 90-0 I4�1 � W-Mie the z�;°sonde^t �,:n:n� '2orrd ,we ! ►, -t ; C 1.• .- �-.;� ,. , ;; �� of A f_ a..s :oLrd t„at ;,:.aLoners wens lj,-L; u- a found '-at.t�e pe•itio- ers failed to denlCMstrate that �tr s!Ib?rCt p-e:Li eS could not yield a.reasonable return for art.:• use pe.—mitted by the zoning ordnance and beat the prcpflsvd use would not alter the Cssen6al chara,ter of the rici-hborhood. It is well established that judicial review of a damrmimation of a zoning board is. * uht 'a$ 'Q AM i 7 :.all v w r i ' t!i7:lt� and :.►`tat .�... �JO.:.id � dL...:P:ri.�t10: ;ntiSt be _'��,..♦J a:h..:e lC .t1aS ra.lOn:L U�SIS , nL� 1S ; Suppm v y su smnaa' ` ideln= in the e"n"d (�?ger v Zori Bd. c Gals, 14r6 .AD'�d 698 b b.i t4:1- � :y�, Lr♦i*... ♦, �r ♦ 4./♦ � I I• �( ppy y 537 NI-111s u 119� lr9991}. u,00r review or the r?_o::! :,dr.,, ..:. CouZ tir_ds ,nap tre Cictct;er 17, 1990 Gt -e'^'�iII cn of the responclerit Zoning Board .vas•_ucoored :v subs=, ual ev� dence in. the r-=ord and was noc z:biLmr-f, Capacious or zn ahuse of ais^r, ton. euruoners iiti-ea to adduce the •L.^1L..Slte Cdoila.*s and c-nr' prop' :ha,* rhZ J bie.,: premiss wou-u not viClc a sonable rate or retu^i it riot to any of the uses perm., _d `cy the am:_:tdC^ zorirg ordnance. '��;^,iie the p_tidollels r .rI11:tt ti d_monstratea that a grey cer _retu :i would be per.' :ew if rhC ::se :arrnce so'.:�ht was gr2:!lted, ;uc�i a owing dots not ..11121 daEe the IS Ud::C.. of a u c viirlG. c_ti .- 1: ii veil s a r t chat -im appdzant ,or a us- variaric-, i.C, not entitled Lherptc; upon a sliowin,-- zoning ord"mimiice presC170eS the hi-hest anti- best use- of ►he land, or 1ecaulse the van'-w-ru us-- Mil yield a hilghdr re um: thaA ' permmited by the zoning ord: :,ca (Goverra?e v 364. if Zoning,-ipYeais, 1?1 AD'd 539, 503 N.S2d j 'ZQ7 " 0 < 1 r e-Iq i t �: :t .t r:`:: tVn__ 11 j}'. for ��?s t,ie boar r �� rCd o _ t ens tote use variance sought because. they is C::fr»d expe;sea in relying iri goo !:`ith Cr, .-: . i:-:crGpe:i; issued 'oui.ui::g pelrn:t (li?ejmgn; v 'Weleh, 112 AD2d 795,49 2HYS2d 295 [19851). Likewise dismissed are pCtitior,ers' c'.aimE t7at.:he application of the amendec.1 zoning ordinance to their property conStiEUced a %lzi^,rvatio% z.r .nevitioners' prooenv fights without due .i i process of law'and resulted in dart unconstitudcnal „�,"c[petiab:e:s' propa-,ry. These claims :, tv is .a .,.,.ce d ,. ge is n are cognizable in the .antic. pOrtlOfi G, tFi i1V�Ji:�c t:? S.itC� t ;.". C fit;;J Ot CO the IaCi21 validity� or the OYulmar,C�, but .0 h applicadon Gi. .:,.. wP.?e:"":G'ed Zontn- ordinance; . to trite"petitioners" property (Seaboard Contracring ;11a.+enals, bic. v Town of Srzitlttelvrty :47 tD?di!4, 541 NYS2d 286_,19891). aspect f he fol1,.:. "Q,'ier �,`��i•C^ is.2sS ned ` h qt 'raj i !yqr t Zoning is an r t o the � r :. .:__ 1.., for t e , e:_.1 1'L2 .♦ae of he populous (Dowse Y AIL, o Ker.;:n ,on ?5, NY 221 1%7 NE 42 i r1931]}. As v irh � Y 1 .� '�' � an e:terC.sP j of thePolice we* a z nin ord'` Lnc°• Must .1 re anon a_'-e ^:irCe t+ C e ^ l is not Po we.-, o � ., .. N.. . e '�t �. `t `�?�iC rOWZI lI$:: f c tinlimi Led (Charles v Diomond, 41 NY2d 33'06 392 N"I'S23 594 [19771). The requirement that an eie_cise- of the police powef be rc:asonabi rr.andatCs not only that the regulation relate to a Jegitirraie public purpose, but also that it dues rict :.r:reasorab':t- deprive the o%krer of 211 ber,4ilcial use of his p:onerty (Modj,esul S:gr: Slug:Gs, 1r1c. .y Berle, 43 NY23 47-:, 'C'_' N`S2d 359 119l9j). A zoniri ordinance Is uinreasorrable -rid rlftus ConstitutCs a deprivacioz of properly without � due prCCess of la's -.vhery it rEll' el-s the subject poi el a nsuitcble f'6r wily incorne producCiVe use of Other private usd. for whin it is�adapted and thus d suo'vs its economic value or all but a base r • 1 PAVi..r 0110!^:al .i '✓ u`CV li®LaJ 90-2377 . 1 r i!su,td tl,- Ivove, ber °0 1SS9 ••Ire or of >,� i ,.� .� F;/'1�_�e{ S OG wt Ca u.:a.Ise he i31a�w.'to 1Crl), die 9_VL (b) of tli� zLrd:-: ordinance to the y^Cti:I.n CrS' nanccl aru wrongfully deEerr inftd that the orl,in3.l Ibui-dL-Ib , w.'ii `b d _ias issuen error. 'Pd'1t1C n'ers ihus !--quest ihzZ dhZ building ills-r'ct( G� d1;�kCred to � zescw.d the stop work or: of ~;d re:n5ta:e :.h:c 3'une $, 1989 b:!iicirg :Pl l-ll►. .. i . H<�Sr'.A..vt'r, tl'iC' i.OL'ri 1 ^ds the t U"ZaT?:ent in tie i1ctLtlC 0 rn:1,'.d rnu I i � ` � ,{ s to c�mt el.rnUy no e,. �=-i-ad :o Lhe rtentior:urs yre. lrla:%-j=uS is a dzr3suo rem-edv and is unly appropria:l. to come a r•, cc- arceri b•� lay r (r e.,nntoa I?I spiial aad:Medic^I C; nter v a Ioore, 52 NY;d SS, ?5 AIgYS?d 239 V.'.. J.al ia. (:9311). Ir ma d be-g,rv.ted only where the aCt Sought to be cO pe:led is ministerial i:n nar.►.P a4d f invoives ro exercise of disc:e,ion and where t:a applicazc has demonstzated xclear, i.%gal right [hereto (S. >vasrano v Prevost. 66 N-Y'2d 47, 495 *;YS2d a (198511. Acre, the.act, sought to be d i c:�r: eL'e:; is commanded comanded by 13w nor n1�-:i:;te^al :n nature. brste:id, it Is ;�z act depe:t.iesYt n the aLpLica_ion cf sereral, orcvisi;;;.s of :he z:min^ crd rance, Some or `:rTAich a . su4jeczt H` s11c/� 1� is (, ^1 'Irr� p �A �. dw ICP o1 discrl.ticn L11iii 11 ' 4♦4•a�1•♦ !I.►Vr}J� ..a_..✓,Jr1 J. S iJMt1, . .1tL :Il.• 1:411.01a iilvoi-v s •i U`ICIS-- ius not the proper 5,,;,ja„ f "d7T .h., M d y ei. .. �.: ..;,, 0 3 j:_L_.re::c i ails n�.0 ., of �..+r1..d:;1;.s �0 'Omg Nor y t- - •`..oun l-utr rer P-M Iiiuns of t e zoning ordi _anceenovo. Zoning cards r of �..,��, a ..-., �iJV+.,..alj �P vesli.d Kith �::lil![al�'� all:.�uiL'..u.. lO • e �•: li:t VraVi:.^c. :.. _ slaIs of the rorling ordinarlco a; w cor.ilar; to a:eir 'urisdiC;ion to �-gin; v;non ' ' ^ ��� r�� - 1 —:c a:aZ : ,.,...r i:pP�.uls :r0m :ae ce;c:.fn.nation� o:zo:l?ng c,iiiciz,ls ;3fa:x r Zoning 3ci. v; . pica:s, 'iage of, ill Allill Neck, 137 i',,Did 333 529 r NYS'-' ! .'1`� flli�2�i V -,iry v Pta . t � ice. �� jail. �d:.lace Cif' -j-011fs".mg, 1119 AD2C.188, 0;� iZZ 184 [190861). Review of the re:or;, ie;r incicwtCS ,1 at pe!idon fs did not appf:aj the �:iiit�ln7 ;::^.SJc^.tvr'S iSSii,:liC;: cr ;"e Bloc '.)l�lrr. r2 , 5 a zoningg board of appeals. -r��wcners' appiicatioa befc.ry Uhe4 boa id was limited to application for a use ., .w p r r 0 P: ,+i"1 t i-. -C.1y r `� C .lam'^,• - l r vara:lc.. . aci�rs_r� caal.al_] :.alit :„r a�t property was exernpi from the a ciicadon of this zonin, ::1��:.iL'i ivi ,`.«r: V g � a�r:�d :n t;:e K:tendm;.::t tc the zoning ordinance are • talus raise for the fist tit i) thi ^,i-r•lam J Underp f, sq ,;rr••11 y n.• (^e� .Y � re,. 1� n � li.JJi,,� l_L.V �� l�v��...all��_ V 1..Under l• .,.y.�i•�.�+t:�:Sia:lric,.J, .i.V ��J�. may not determ-na i,,P- prop-_Vt til`� �^1�'a r r tiv r;r t /, �++,1 Q '� c �y 1' t% �- i^a:.�a, I. "I'le S!0[) 1'vOr: urde. since ,h- peduonerS I3ia 1 to r•.x1Se iah- issue ':ore he Sw(,y ant Zo in- bozIrd 1 �T'11^1�n ((� I' -i- y{ ! �Y the r� V) �•4ri.. - iiv 4 lJl�,ir„/V,:t.] l(„fi S��f: � Phillips, .l_I0 ADf+d 752, 542 NYS2d 202 (19891j; Chuma.t•er v -i o,,vrt ojI Cvurriandi, 143 h02d 999,533 rYSMd 5186 ri 8 3). M i yPeti�:(,oil:rs nex�t�G�e:7,?rL jt}dg:/.en t pursuan:� :o y r ti(;1�?pI ���eclparra the.a-mcnyded -20:1i`�Ig p : r ordinance unconstitutional as ar; 1u 11i b 1~,J u'r•Jv O zhc poiic power .d i �Zinage r4ne .,::. �X. ._, r S unconstitutional taking of.petitioners' p;e:nis s. Pei+boners claim that[ such e iactrnen[ bean no e!4on to the public health, sat;tv and is excessive and thus 4onstitil.ed an r unr=5onzble .xercise rif the po1_ic-- power. Petitia.ners further c'ern nd oerrn,.r:ent injunctive relief r resCrai'i1h 1�I the iildlna Ir1SpCt'.,i�.r ai,Cl all OLLAW, CO\vi1 ;7Ii1C1Z;�; iro:rl cnrorClnc i`le provisions Of the art e nded,zoning ord.;Pu.cti. T se c ai l� arc co�ri^� i- � t - .,.,t... n i s <.b i.a I, C: .iiu2ton ji.dgff.t'nt r,0IL10 r: this hybrid roceeo'ing!acn.,Ca Suburbs Inc. v M-gra t 4 D";'dl ^^ 5 NYS2d 88 4 j1980j, aif'd sl •rvYfd 941, 434 N~fS--Id '939). 44 ijGv�i*.l:el�sS, tlia ICrEo0Ir1� =?air S. t,vhr°"h '•vere :n:e'q-,-,sed b,/ sarvic;t or.a summons old , ComplainC, :_re not subject to ssmrr.ary disposition as.were :he petidoriers' dem::ads for jUdgmert pur�'Siant to .-ti Acle ?S (See C?L2 4C9C())). Acco-dingly, pedtieners' demalnLs ;or a Judgment declaring :.he unconstituaoralit,r of uhe amen:dl ie::t.to ;IIC zor,ing, ordiiri n— arid'fc.t Coinpensatioh ' r i i 1 I i I l f �. i j i • I AGE J�rcD aril's V. SO 1�,QLL IN D Fx ?v0. 90 237; i i frorn he U constinstional tang of progeny and for r=rranent injunctive :ei:_f are severed and continued as a plenary action. IL--L view of the foregoing, the petitioners' demands for judgment pursuant to f�rticle 78 are a petitioners` demands for declaratory judgment, dw.acres and ='manent injunctive le -f are sdvtired r: d continued as a plenary action. J.S.C. i I I I • 1 � (� M i 131992 (rev. May, 93) For Clerk Only L REQUEST FOR. JUDICIAL INTERVENTION Ito G 2 SUPREME ( COURT, SUFFOLK COUNTY CVl�� DATE PURCHASED � [ �(�(�L • NO . I S NTRY DATE PLAINT IFF(S) : JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU JUDGE ASSIGNED DEFENDANTS(S) : BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, and GERARD P. GOEMUNGER, Chairman, and SERGE DOYEN, JR. , JAMES DINIZIO, JR. , et. al. R J I DATE Date issue joined: Bill of oar_culars ser7ed (Y/N) : . . . NATURE OF JUDICIAL INTERVENTION (check.ONE. . . toxonly and•enter•information) . . • . . . ( J Request for preliminary conference [ ] Note of issue and/or certificate of readiness ( ] Notice of motion (return date Relief sought [ J Order to show cause (clerk enter return date ) Relief sought ( ] Other ex parte application (specify ) [ )d Notice of petition (return date 12/7/94 ) Relief sought Art. 78 [ ] Notice of medical or dental malpractice action (specify ). [ J Statement of net worth [ ] Writ of habeas corpus [ ] Other (specify NATURE OF ACTION OR PROCEEDING (check ONE box only) MATRIMONIAL TORTS ' [ ] Contested - CM Malpractice [ ] Uncontested - UM [ ] Medical/Pediatric - MM [ ] Dental - DM [ ]* Other Professional - OPM COMMERCIAL [ ] Contract - CONT [ .] Motor Vehicle - MV ( ] Corporate - CoRP [ ]*Products Liability - PL [ J Insurance (where insurer is a party, except [ ] .Environmental - EN arbitration) - INS ( ] Asbestos - ASB [ ] UCC (including sales, , negotiable [. ] Breast Implant. - BI instruments) - UCC [ ]*Other Negligence OTN [ ]* Other Commercial - OC ( ]*Other Tort (including intentional) - OT REAL PROPERTY SPECIAL PROCEEDINGS [ ] Tax Certiorari - TAX [ ] Art. 75 (Arbitration) - ART 75 [ ] Foreclosure - FOR [ ] Art. 77 (Trusts) - ART 77 [ ] Condemnation - COND [X] Article 78 - ART 78 [ ] Landlord/Tenant - LT [ ] Election Law - ELEC ( ]* Other Real Property - ORP [ J Guardianship - (MHL Art. 81) \ � - GUARD 81 [OTHER MATTERS ]*Other Mental Hygiene - MHYG [ l* - OTH [ ]*Other Special Proceeding - OSP •*If asterisk used, please specify furtherer ' r Check "YES" or "No" for each of the following questions. Is- this action/proceeding against a YES NO YES NO Municipality:.., Public Authority: (specify Town of Southold ) (specify ) YES NO , [X] [ ] Dces this action/proceeding seek e-crsitable relief? ( ] [X] Dces this ac-z_on/proceeding seek recovery for perscral injury? ( ] [X] Dces this action/proceeding seek recovery for property damage? ATTORNEY(S) FOR PLAINTIFF(S) : (NAME(S) , ADDRESS(ES) , PHONE NO. ) PACHMAN, PACHIAN, BROWN & FARNETI, P.C. 366 Veterans Memorial Highway P.O. Box 273 Conu ack, New York 11725 516-543-2200 ATTORNEYS(S) FOR DEFENDANT(S) : (NAME(S) , ADDRESS(ES)., PHONE NO.) BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 516-765-1809 Parties appearing rho se (without attorney) should enter information in space provided above for attorneys. INSURANCE CARRIERS: RELATED CASES: (IF NONE, write "NONE" below) Title Index # Court . . Nature of Relationship NONE I AFFIRM UNDER PENALTY OF PERJURY THAT, - TO 'MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN ILED IN THIS ACTION OR PROCEEDING. Dated: November 9, 1994 ' (SIGNATURE) PACHMAN, PACHMAN, BROM F. FAPT=T, P.C_ (PRINT OR TYPE NAME) Petitioners ATTORNEY FOR Attach rider sheets if necessary to provide required information. J i L Cc.:.: Town Board SUPREME COURT OF THE STATE OF NEW YORK Town Attorney COUNTY OF SUFFOLK Stype Agency -----------------------------------------X Wm. F. Mullen,Jr. BA JORDAN'"S PARTNERS and —Z Bldg. Dept. PANTELIS PAPAZOGLOU, Petitioners, NOTICE OF PETITION For a judgment under Article 78 Index No.W-2'71J22 of the Civil Practice Laws & Rules c DATE FILED IN -against- SUFFOLK COUNTY CLERK'S OFFICE: BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, and GERARD P. GOEHRINGER, Chairman and SERGE DOYEN, JR. , JAMES DINIZIO, JR. , ; ROBERT A. VILLA, and RICHARD C. ,WILTON, FILED constituting the Appeals Board Members of the Town of Southold, NOV 10 19am Respondents. �tyt�6 Eye C ---------------------------------------X �lr3a.P l-.::...%rr5,lii`:F CLERK OF Y.)FFOLK C01,1fs! PLEASE TARE NOTICE that upon the petition of JORDAN'S PARTNERS, verified the 9th day of November, 1994, the affirmation of MATTHEW E. PACHMAN, dated November 9, 1994, and the exhibits and documents attached, copies of which are annexed hereto, an application will be made at an IAS term of the Supreme Court, to be held in and for the County of Suffolk, at the courthouse at Griffing Avenue, Riverhead, New York on the 7th day of December, 1994 at 9: 30 a.m. , or as soon thereafter as counsel can be heard' for a judgment of certiorari and mandamus, pursuant to CPLR Article 78, vacating, setting aside, reversing and annulling the determination and decision of the BOARD OF APPEALS, dated the 15th day of October, 1994 and compelling and directing the BOARD OF APPEALS to forthwith accept petitioner's application and conduct a public hearing on the issue of interpreting the Southold Town Code and reviewing the decision of the Southold L " a 1 1 t Town Building Inspector, dated August 16, ,1994, upon the grounds that: a) the determination and decision to refuse to accept. the petitioner's application was arbitrary, capricious and totally without any basis in law; b) the respondents have refused to interpret the Southold Town Code and review the decision of the Southold Town Building Inspector, duties enjoined to i� by law; and c) for such other and further relief which the Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 7804, answering affidavits, a •certified transcript of the record of the proceedings under consideration an. legal memoranda shall be served at least five (5) days before such -time. Dated: Commack, New York Yours, etc. , November 9, 1994 PACHM1,N, PACHMAN, BROWN & FARNETI, P.C. Attorneys for Petitioners 366 Veterans Memorial Hwy. P. O. Box 273 Commack, New York 11725 (516) 543-2200 TO: BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 (516) 765-1809 c. r SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------X JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU, Petitioners, VERIFIED PETITION For a judgment under Article 78 Index No. of the Civil Practice Laws & Rules DATE FILED IN -against- SUFFOLK COUNTY CLERK'S OFFICE: BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, and GERARD P. GOEHRINGER, Chairman and SERGE DOYEN, JR. , JAMES DINIZIO, JR. , ROBERT A. VILLA, and RICHARD C. WILTON, . constituting the Members of the Board of Appeals of the Town of Southold, Respondents. ------------------------- -------------X TO THE SUPREME COURT, STATE OF NEW YORK: The petition of petitioners, JORDAN'S PARTNERS (hereinafter "JORDAN'S PARTNERS") and PANTELIS PAPAZOGLOU (hereinafter "PAPAZOGLOU") , respectfully shows: NATUR OF I!ROCEIMING 1. This certiorari and mandamus proceeding is brought by petitioners to review, annul and set aside the determination and decision of the respondent, TOWN OF SOUTHOLD BOARD OF APPEALS (hereinafter "BOARD OF APPEALS") , contained in the letter of its Chairman, Gerard P. Goehringer (hereinafter "GOEHRINGER") , dated October 15, 1994 (a copy of which is attached as EXHIBIT which refused to accept the JORDAN'S PARTNERS' application (hereinafter the "APPLICATION") for an interpretation of the SOUTHOLD TOWN CODE (hereinafter "TOWN CODE") and a review of the 1 1 1- 1 1 decision of the Town of Southold Building Inspector (hereinafter "BUILDING INSPECTOR") , ,dated August 16, 1994, refusing to review Stop Work Order No. 181877 (hereinafter "STOP WORK ORDER") . ' It is also brought to compel and direct the BOARD OF APPEALS to forthwith accept petitioner's application and conduct a public hearing interpreting the TOWN CODE and reviewing the decision of the BUILDING INSPECTOR, dated August 16, 1994 . STATEMENT OF FACTS 2. JORDAN'S PARTNERS and PAPAZOGLOU are partners and owners of a parcel of real property (hereinafter "PREMISES") constituting approximately 4 .75 acres in the Town of Southold and more specifically located at the southeast corner of North Road (State Road 25) and Main Street which is outside of the Incorporated Village of Greenport, also known as tax map number 1000-034-02-01. 3 . In 1984, JORDAN'S PARTNERS entered into a conditional contract to purchase the premises, subject to it being able to obtain the necessary approvals for the construction of an office building/retail shopping center. 4. JORDAN'S PARTNERS made "application for site plan approval to Southold Town Planning Board in 1984. On June 23, 1986, the Planning Board, under Southold's Site Plan Review process, adopted a resolution approving the JORDAN'S PARTNERS' site plan for the requested construction of "an office and retail .store shopping, center". Obtaining a building permit was subject to JORDAN'S PARTNERS having access to an approved water supply. 2 ti 5. In February 1988, JORDAN'S PARTNERS took title to the premises and continued to pursue their application for water service from the Village of Greenport. 6. On January 9, 1989, the Town of Southold (hereinafter the "TOWN") adopted major revisions to the TOWN zoning code and map. That local law amended the zoning classification affecting the subject premises and would prohibit JORDAN'S PARTNERS' construction of their project. As of the date of the zoning change, JORDAN'S PARTNERS ' had not obtained a building permit because of the longstanding problem with obtaining an approved supply of water. The availability of a water supply was resolved in May, 1989, by Suffolk County Department of Health Services (hereinafter "SCDHS") . 7. On May 18, 1989, JORDAN'S PARTNERS made formal application for a building permit to the Southold Building Department. On June 8, 1989, the building permit was issued for an "office and retail store shopping center" in conformance with the site plan approved by the Planning Department nearly three years earlier. 8. With the building permit in hand, JORDAN'S PARTNERS commenced construction in September, 1989. It installed footings and the foundation. However, on November 30, 1989, the Principal Building Inspector issued a STOP WORK ORDER which stated that the original building permit was issued in error. 9. The BUILDING INSPECTOR'S invalid STOP WORK ORDER stated that an intervening change of zone of the premises,.__ 3 ' Y adopted by the TOWN BOARD in January, 1989, prohibited the use of the premises for which the building permit was issued. The zone change amended the zoning classification from a business zone to a new "RO" (residential office) zone classification. An "office and retail -store shopping center" became a prohibited use in the new zoning classification. 10. Among the new provisions added to the Zoning code ' in the 1989 Zoning Amendment was S100-255 entitled, Duration of Approval, which became in effect in May 23 , 1989. Paragraph A addressed site plans approved after the effective date of the local law. Paragraph B addresses site plans approved Prior_ to the effective date of the local law. it states in full: All site plans which have received final approval prior to the enactment of this Article, shall remain valid for a period of three years from the date of such enactment. Thisperiod- will begin when all governmental approvals have been obtained. (emphasis supplied) 11. At the direction of the Southold Town officials; JORDAN'S PARTNERS appealed to the Zoning Board of Appeals for a use variance as relief for the change of zone. This application was made on January 30, 1990. The Zoning Board of Appeals, as required by law, scheduled a public hearing which was initially held on March 15, 199.0. The hearing was adjourned numerous times over a period of six months to take extensive testimony in support and in opposition to the application. Adjourned hearing.s - were held on May 30, 1990, June 27 , 1990, July 25, 1990 and concluded at a special meeting held on September 61 1990. 4 1 1 F ' 1 1 12. On October 17, 1990, the Zoning Board of Appeals issued a .decision denying JORDAN'S PARTNERS' request for a use variance. 13. This decision was appealed to the Supreme Court, Suffolk County and the Appellate Division, Second Department. By. its decision, dated May 9, 1994, the Second Department determined- that the proper procedure for JORDAN'S PARTNERS was to apply to the BOARD OF APPEALS for an interpretation of the applicable! zoning ordinance concerning the grandfather clause. A copy of this decision is attached as EXHIBIT "B". 14 . Under any interpretation of S100-255(B) , it is true that, in May, 1989, JORDAN'S PARTNERS had obtained the necessary approvals and the statutory exemption was applicable. 15. The language of S1o0-255 is clear and unambiguous, its purpose is obvious; and its application to JORDAN'S PARTNERS is compelling. The Board of Zoning Appeals must look to the plain and unambiguous language of the local law in interpreting S100-255(B) . 16. The JORDAN'S PARTNERS' project is tailored to the statutory criteria: -- JORDAN'S PARTNERS' site plan had received final approval in 1986, prior to the enactment of the Article and subject to a water supply, and; -- The site plan had received the final government approval, -- permission from the SCDHS for a temporary on-site well, in May Of 1989. 17. The date of ' final governmental approval was May:, 5 1989. Under the explicit language of this S100-255(b) , JORDAN'S PARTNERS obtained "grandfather" rights 'for the approved site plan. JORDAN'S PARTNERS obtained the building -permit promptly after receiving SCDHS approval. 18. The matter has been in abeyance pending -the challenge, by way of Article 78 proceeding of the original decision of the Board of Zoning Appeals dated October 17, 1990. Thus, only five months of the three year period has run; the remaining time has been tolled pending the outcome of the litigation. 19. The STOP WORK ORDER (a copy of which is attached as EXHIBIT "C") reads, in part: . . .you are notified to immediately suspend all work and building activities until this order has . been resain_<Le_d (emphasis added) . Thus, it is a continuing, on-going order, subject to interpretation, at any time. The Appellate Division decision did not address the issue of the interpretation of the TOWN CODE'O grandfather clause, and its applicability to JORDAN'S PARTNERS. 20. Instead, the court specifically stated, it is the . duty Of the BOARD OF APPEALS, in the first instance, to do so. Thus, the issues as to the interpretation of Section 100-255(B) and the propriety of the BUILDING INSPECTOR'S arbitrary and illegal refusal to lift the STOP IIORK ORDER is ripe. for review by .the BOARD OF APPEALS. 21. Pursuant to the decision of the Appellate Division, JORDAN'S PARTNERS, through its attorneys, PACHMAN# 6 , T t PACHMAN, BROWN & FARNETI, P.C. (hereinafter "PACHMAN") , requested in a letter, dated July 19,. 1994 (a copy of which is attached as EXHIBIT "D") , that Building Inspector Thomas Fisher (hereinafter "FISHER") lift the STOP WORK ORDER and reinstate the Building Permit', in light of Southold Town Code Section 100-255(b) , which grandfathered the prior Zoning Classification of light business district. 22. In her August 16, 1994 letter, Town Attorney Laury Dowd (hereinafter "DOWD") , as the agent and attorney for FISHER, stated that FISHER did not plan to do so because, presumably, he did not feel that Section 100-255(b) applied to the JORDAN'S PARTNERS' application (a copy of which is attached hereto as EXHIBIT "E") . 23. In PACHMAN's August 30, 1994 letter, it requested that the response come directly from the BUILDING INSPECTOR himself (a copy of which is attached hereto as EXHIBIT "F") . 24 . In the September 23, 1994 letter, DOWD, again as FISHER's agent and attorney, reconfirmed his belief that the Town Code Section in question does not apply (a copy of which is attached hereto as EXHIBIT "G") . 25. Section 100-271(D) (1) of the TOWN CODE states, in pertinent part: In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement , decision or 7 determination made by the Building Inspector. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any town officer, board or agency, to. decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. 26. Thereafter, pursuant to Section 100-271, JORDAN'S PARTNERS filed an application with the BOARD OF APPEALS seeking an interpretation of the TOWN CODE ,and a review of the BUILDING INSPECTOR's decision. The documents constituting the application were submitted to the Clerk of the Board of Zoning Appeals on October 11, 13, and 14, 1994. A copy of the application and its addendum, without ancillary documents, is attached hereto as EXHIBIT 'TWO. 27 . Pursuant to _ letter, dated October 15, 19940 GOEHRINGER, without the full BOARD OF APPEALS, at a public meeting, taking any action, pursuant to a vote of a majority of its members at a duly constituted public meeting, in violation of Section 41 of the New York State General Construction Law, the New York State Village Law and the TOWN CODE, returned and rejected the application with a cover letter claiming that the application was found unacceptable for filing, because: a. Such an appeal did not fall under the Appellate jurisdiction for the Board of Appeals; 8 r r b. That the appeal is not taken within sixty . (60) days of the action of the administrative official charged with . enforcement of the ordinance; and C. There was no order, requirement decision, interpretation or determination of an ; administrative official charged with the ` enforcement of the section of the Town code . which the applicant was seeking an interpretation of within the last sixty (60) days. 28. Pursuant to letter, dated October 17, 1994 (copy of which is attached hereto as EXHIBIT "I", PACHMAN requested . that the BOARD reconsider its position, since it was based upon a false premise. 29 . This letter pointed out that, in response to paragraphs 111" and 11311 of GOEHRINGER's letter of October 15, 1994 , the August 16th letter was, in fact, a ". . .decision, interpretation or determination" made by the administrative through his agent and attorney. Further requests on JORDAN'S PARTNER's part seeking to have the Building Inspector respond would clearly be fruitless; the law 'does not require one to perform acts of futility. 30. It also noted -that, in response to paragraph 112" of GOEHRINGER's letter of October 15, 1994, the STOP WORK ORDER specifically states it is effectise "until rescinded" and, thus, ' is on-going and subject to interpretation at any time. It was the applicant's position that it should appeal directly to the Suffolk County Supreme court, since the issue was one of law, not fact. The Appellate Division, however, determined that the request must first be presented to the BZA, so as to exhaust the 9� 1 i M S applicant's administrative. remedies. This is exactly what the Applicant is attempting to do. 31. Notwithstanding this, pursuant to a letter, dated October 24, 1994 (copy of which is attached hereto as EXHIBIT "J") , GOEHRINGER, again, without action by the BOARD OF APPEALS at a duly constituted public meeting, stated that, in response to PACHMAN's letter of October 17, 1994, his position remained unchanged. 32. The printed rules of the BOARD OF APPEALS (a copy. of which is attached as EXHIBIT "E'°) do not authorize the. Chairman or the Clerk to consider and rule on applications to the: BOARD on its behalf without a vote of a majority of its members. A0 AND FOR A CLAIM FOR RELIEI+ 33. Four months have not expired since the receipt of; Exhibit "A" by petitioner. 34. Sixty (60) days have not expired since the'. petitioners' demand and the respondents refusal to perform its duty. 35. Petitioner is a party aggrieved. 36. Petitioner has no adequate remedy at law. 37. There are no previous applications: for the relief sought herein to this or any other court. 38. This proceeding has not been assigned to any Justice, pursuant to the Individual Assignment System. 39. The action by the BOARD- OF APPEALS, as contained in Exhibit "A", is arbitrary and capricious and .totally. without to any basis in law and fact. 40. The determination contained in Exhibit "A" was made, although the BOARD OF APPEALS is and at time times hereinafter mentioned was charged with a non-discretionary duty to file the application and set it down for public hearing and, thereafter, review the interpretation of the TOWN CODE and decision of the BUILDING INSPECTOR. WHEREFORE, petitioners respectfully request an order of this- court: A. Voiding and annulling the decision, dated 15th day of October, 1994, as being arbitrary and capricious; B. Compelling and directing the ZONING BOARD OF APPEALS to forthwith proceed with acceptance of ,the application and interpreting the SOUTHOLD TOWN CODE and reviewing the decision of the Building Inspector, dated August 16, 1994, which refused to review the STOP WORK ORDER; and C. Such other and further relief as this court may deem just and proper, including an award of counsel fees to the petitioners. Dated: Commack, New York November 9, 1994 JORDAN'S PARTNERS ` By JOHN 'UNIS, ' Partner it STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) JOHN TSUNIS, being duly sworn, says: I am the Partner of petitioner, JORDAN'S PARTNERS, in the within action. I have read the foregoing PETITION and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe it to be true. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: books, records and documents contained in my partnership files. Jj .001 J suffis Sworn to before me this 9th day of ovember, 1994. Nota Public MARGARi"T MORAL E Notary Public.State of New York itio.52-4840288 �/ Cert='ra ied in Su#oik County � 1� » i6ii ira;pecember 31,19 12 z r r SUPREME COURT OF THE STATE .OF NEW YORK COUNTY OF SUFFOLK --------------------------------------X JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU, Petitioners, AFFIRMATION For a judgment under Article 78 I,ndex No-. of the Civil Practice Laws & Rules -against- BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, and GERARD P. GOEHRINGER, Chairman and SERGE DOYEN, JR. , JAMES DINIZIO, JR. , ROBERT A. VILLA, and RICHARD C. WILTON, constituting the Members of .the Board of Appeals of the Town of Southold, Respondents. ---------------------------------------X MATTHEW E. PACHMAN, an attorney duly licensed to practice in the Courts of the State of New York, hereby affirms the following under the penalty of perjury: 1. - I am a member of the firm of PACHMAN, PACHMAN, BROWN & FARNETI, P.C. , attorneys for the petitioner, JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU (hereinafter "JORDAN'S , PARTNERS") . 2. I submit this affirmation in support of the petition of JORDAN'S PARTNERS seeking an order, pursuant to Article 78 of the CPLR, in the nature of both certiorari and mandamus, to review, annul and set aside the determination and decision of the respondent, TOWN OF SOUTHOLD BOARD OF APPEALS (hereinafter "BOARD OF APPEALS") , as contained in the letter of its Chairman, Gerard P. , Goehringer (hereinafter "GOEHRINGER") , 1 i dated October 15, 1994, .which refused to accept JORDAN'S PARTNERS' application (hereinafter the "APPLICATION") for an interpretation of the SOUTHOLD TOWN CODE (hereinafter "TOWN CODE") and a review of the decision of the Town of Southold Building Inspector (hereinafter "BUILDING INSPECTOR!') , dated August 16, 1994, refusing to review Stop Work Order No. 181877 (hereinafter "STOP WORK ORDER") , in light of §100-255 (B) , to wit: that the prior zoning classification was grandfathered. 3. JORDAN'S PARTNERS is not requesting that this court pass upon the merits of its application; . only that it be given an opportunity to participate in a full and fair public hearing. At such a hearing, it will be able to create a detailed record, so that if the BOARD OF APPEALS chooses to disagree with the applicant's position, a proper review may be conducted by the appropriate court, pursuant to Article 78 of the CPLR. 4. Up to now, JORDAN'S PARTNERS has been denied this opportunity. If the actions of the Town officials are not overturned, then the applicant would have been prevented from presenting its case before the Board, which is statutorily authorized and charged with the duty in the first instance of hearing the application, without even consideration by, and a vote of, the ,majority of the Board at a duly constituted hearing. 5. Furthermore, there would be no avenue for this or any other court to determine whether JORDAN'S PARTNERS' applicant is meritorious and that the relief it seeks should, under law, be granted. 2 A r WHEREFORE, d4'onent respectfully requests that the within petition be, in all respects, granted. Dated: Commack, New York • November 9, 1994 MAT H W E. ACHMAN 3 Tw K F0`I4 APPEALS BOARD MEMBERS ti �O yam? Southold Town Hall Gerard P. Goehringer, Chairman y T 53095 Main Road Serge Doyen, Jr. ,��0 P.O. Box 1179 James Dinizio Jr. T' O� Southold, New York 11971, Robert A. Villa ��lc �a r' Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1994 Matthew E. Pachman, .Esq. 366 Veterans Memorial Highway Commack, NY 11725 Re: Proposed Application - Jordan's Partners & Pantelis Papazoglou Dear Mr. Pachman: Our Department has reviewed all of the documents delivered to our office by you pertaining to the proposed filing of an appeal application. It is our Department's position after reviewing these documents that the application is found to be unacceptable for filing for the following reasons: 1) The appellate jurisdiction for a Board of Appeals is limited ,to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any ordinance or local law adopted {Ref. New York Town Law, Section 267-a4}) . The copy of written correspondence from the Town Attorney dated August 16, 1994 is not an "order, requirement, decision, interpretation, or determination made by the administrative official charged with the ,enforcement of any ordinance or local law adopted. . ." and therefore is not acceptable as the basis for filing the appeal; 2) Also, an appeal must be taken within sixty days after the filing of any order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of such ordinance or local law by filing with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought (Ref: Town Law, Section 267-a5) . The Stop Work Order which is requested by the applicant to be reviewed was issued in 1989 and, therefore, is not acceptable as the basis for filing the appeal; Y' T Page 2 October 15, 1994 To: Matthew E. Pachman, Esq. Re: New Proposed Appeal - Jordan's Partners ` 3) The appeal application states that you are requesting an Appeal for an Interpretation of Section 100-255. There is no order, requirement, decision, interpretation or determination of an administrative official charged with the enforcement of Section 100-255 of the Zoning Code of record dated within the last 60 days; 4) No other documentation, as submitted, was found to satisfy the requirements of New York Town Law as an appropriate basis to appeal. We therefore return the documents submitted. Very truly yours, GERARD P: GOEHRINGER/HAIRMAN �daW.,Bo-lard Clerk' Via Fax Transmission to 543-2271 and Regular Mail 626 611 NEW YORK SUPPLEMENT, 2d SERIES dren, despite the objections of the natural father, the respondent herein. The petition- In the Matter of JORDAN'S PARTNERg, 4. Mandamus er's daughter, who is the children's natural mother and the respondent's wife, disap- et al., Appellants, Landowne, peared on December 12, 1990. The Family V. tail shopping cc- permitted reta-_ Court correctly found that the disappearance Gerard P. GOEHRI GER, writ of manda•-: of the petitioner's daughter was a circum- et al., Respondents. for to rescind stance "(in] which equity would see fit to intervene" (Domestic Relations Law § 72). Supreme Court, Appellate Divisio ed that origi - n, Second Department. slued in errs; (2] However, there is sufficient evidence commanded b_: in thesupport the Family Court's record to su May 9, 1994. but rather, tha: �t determination that such visitation would not lure based ups_ be in the children's best interest(se4 Matter Landowners who sought to construct, provisions of of Emanuel S. v. Joseph E., 78 N.Y2 pping center in di d 178, tail sho �` strict that no longer - 573 N.Y.S.2d 36, 5ii1 N.E 2d 27; Lo Presti u. permitted retail uses brought Article 78 pro- Howard E. ' Lo Presti, 40 N.Y 2d 522, 381-N,Y,S 2d 412, ceeding, seeking to compelnspector appellants. 355 N.E.2d 372). The evidence established to rescind stop-work order,iuhich indicated that the petitioner believed that the respon- that original building perm lu it had been issued . Harvey �. dent was responsible for the disappearance in error. The Supreme Court, Suffolk Coup- Kiernan.-of cor of the children's mother and communicated ty. Goodman, J., denied petition. Landown- _ Before BRA- these suspicions to others, including the re- ers appealed. The Supreme Court, . S��TliCCI arr_ spondent. The independent evaluators rec- late Division, held that rescinding sto ommended supervised visitation because of order was neither commanded by law n� MEMORA. the risk that the petitioner would convey her ministerial in nature. In a hybrid F- suspicions to the children. Further, the re- r _ spondent testified that the petitioner made 4ffirmed. s article 78 to re. respondent Zoe him uncomfortable and irritable and that if }. October 17. I9G_ he had to deal with her it would affect how 1. Zoning and Planning a642 for y Where he deals with his children on a day-to-day ems' request ere landowners, who sought to con- tnter alzQ to de basis. The Family Court found that visita- struct retail shoppinga amendment o_ tion with the petitioner would be detrimental center in district. which retail uses were no longer permi - Petitioners' prop- because it would confuse the children in their did not seek to have Zoning Board of 'luti°�Ong,t G_.. relationship and feelings for their father and peals (ZBA) review propriety of buil on- ding ed by thee bri;would create great difficulty for the res m P spector's issuance of stop-work order, of the Suer, F! dent to properly,raise the children. Further, rather, simply applied for use variance, _ :-2- the Family Court held that it would not lace `�0°dman,J-). dz P court properly declined to interpret tbat branch of the children at further risk in view of the loss ordinance de novo for —mIIipel the respo- that they had already suffered. Since there Purpose of dete ' zr Propriety of building inspector's action cind a stop-w- was sufficient evidence in the record to sup- :+0, 1989. port the Family Court's exercise of discre- 2. Zoning and Planning e-354 ; ORDERED th t, tion, we decline to disturb its determination. Zoning Board of Appeals (ZBA)has _ far as a ei mart' jurisdiction of interpreting a PP zoning ordinance. McKinney's Town -fie Petitionen § 267-b, subds. 14. they seek stores. In t` e 3. Mandamus a10, 12 red site plan O 5 itT ti_`!BER SYS'E!• . T Mandamus to compel performance nt, and in 19- ficial duty may only be granted where e to the subjel ' sought to be compelled is ministerial d a zoning ture and involves no exercise of g retail use and where applicant has demonstrated, quentiy, the legal right thereto. _ d the petitic ct the offi,, Al. !d SERIES J JORDAN'S PARTNERS v. GOEHRINGER Cite as611 N.Y.S.0 626 (A.D.2 Dept. 1"4) 627 ter of JORDAN'S PARTNER$, 4' Mandamus aS7 ter. However,the following month he issued et al., Appellants, Landowners who sought to construct re- a stop-work order prohibiting further con_ v' tail shopping center in district that no longer struction. The stop-work order indicated permitted retail uses were not entitled to that the original building been and P. GOEHRINGER, writ of mandamus to compel building inspec- issued in error because retail uses hwere no at al., Respondents, for to rescind stop-work order,which indicat- longer permitted in the subject district. a Co ed that original building permit had been The petitioners responded by applying to urt, Appellate Division, issued in error; such rescinding'was neither Second Department. commanded by law nor ministerial in nature, the Zoning Board of Appeal (hereinafter the May 9, 1994. but rather, that act was of discretion ZBA) for a use variance, but did not chal- Lure based upon interpretation of certain lenge the propriety of the stop-work order_ After the ZBA denied the use variance, the Provisions of town's zoning code. aers who sought to construct re- petitioners commenced.this hybrid proceed_ center in district that no longer ing and action seeking,in part, to compel the tail uses brought Article 78 pro- Howard E. Pachman, P.C., Commack, for building inspector to rescind the stop-work ing to compel building inspector appellants. order and reinstate the previously issued .op-work order, which indicated Harvey A- Arnoff, Southold (Matthew G_ building pest We find that the Supreme building permit had been issued Kiernan, of counsel), for respondents. Cow properly denied that branch of the e Supreme Court, Suffolk Coun- petition which was to compel the Town Build- J., denied petition. Landown- Before BRACKEN, J.P,, and'O'BRIEN, ing Inspector to rescind the stop-work order. The Supreme Court, Appel_ 5- -�TUCCI and JOY, JJ. held that rescinding stop-work [1,.21 At the outset, we note that in their MEMORANDUMBY THE COURT. application before the ZBA, the petitioners either commanded by law nor did not seek to have the ZBA review the i nature. In a hybrid proceeding pursuant to CPLR propriety of the building inspector's uance article 78 to review a determination of the of the stop-work order. Rather they simply respondent Zoning Board of Appeals, dated applied for a use variance. Mindful of the October 17, 1990, which denied the petition- fact that a Zoning Board of Appeals has the id Planning e-642 ers' request for a use variance, and action, inter olio, to declare that the a prim ary jurisdiction of interpreting the appli- indowners, who sought to con- application of cable zoning ordinance (see, Marx v. Zoning shopping center -in district in an amendment of the zoning ordinance to the Bd_ of Appeals of ViL of-Mill Neck,ises were no longer permitted, petitioners' property constituted an unconsti- A.D.2d.333, 529 N.Y.S2d 330; see, Town to have Zoning Board of Ap- tutional taking,the petitioners appeal, as lim- Law § 267--b 1 , 2 ited by their brief, from so much of a judg- Supreme .Court properly'declinwe ed t hat the -eview propriety of buildi to inter- ng in- cance of stop-work order, but ment of the Supreme Court, Suffolk County pret the zoning ordinance de novo for the i applied for use variance, trial (Goodman,J.),dated June 20, 1991,as denied purpose of determining the propriety of the y declined to interpret zoning that branch of the petition which was to building inspector's action (see, E zovo for purpose of deterning" compel the respondent Building Inspector to -Phillips, 150 A.D2d 752, 542 N.Y.S2d mi 202; wilding inspector's action. rescind a stop-work order dated Novefnber Shumaker v Town of Cortlandt, 143 A.D2d 30, 1989.d Planning a354 999, 533 N.Y.S2d 886• Town Law ORDERED that the]'ud § �)' gment is affirmed oard of Appeals (ZBA) has pri- insofar as appealed from, with costs. [3,41 In any event,we find that the peti- tion of interpreting applicable The petitioners own a parcel ,of land on tioners were not entitled settled to -t ��in rice_ McKinney's Town Law question It is well s_ which they seek to build office space and to compel the performance of an official duty 1�. retail stores. In 1986, their predecessor ob- may only,be • a10, 12 tamed site Ian a granted where the act sought to P approval for such a develop- be compelled is ministerial in nature and s to compel performance of of- went, and in 1988 the petitioners acquired involves no exercise of discretion, and where ky only be granted where act title to the subject parcel. In 1989 the Town the applicant has demonstrated a clear legal compelled is ministerial,in na- enacted a zoning amendment, effectively pre- right thereto (see, Matter of Savastano v Ives no exercise of discretion, cluding retail uses on the subject premises. Prevost, 66 N.Y2d 47, 50, 495 N.Y.S2d 6, alicant has demonstrated clear Subsequently, the Town Building Inspector 485 N,E2d 213; Mosterma a CY-S 61 xeto. issued the petitioners a building"permit to N.Y.2d 525, 539, 475 N.Y.S2d 247, 463 construct the office and retail shopping cen- N.E.2d 588; Matter of Hamptons Hosp. & 628 611 NEW.YORK SUPPLEMENT, 2d SERIES N _ Med Ctn v Moore, 52 N.Y2d 88, 96, 436 Paul A. Crotty, Corp. Counsel, New York j N.Y.S.2d 239, 417 N.E2d 533). 'As the Su- City (Leonard Koerner, Tim O'Shaughnessy, preme Court properly determined, rescind- and Fay,Leoussis, of counsel), for respon- ing a stop-work order was neither command- dent. ed by law nor ministerial in nature. Rather, that act was of a discretionary nature based Before BALLETTA, J.P., and upon the interpretation of certain provisions COPERTINO, H A ART and KRAUSMN,JJ. of the Southold Town Zoning Code (see e.g., Southold Town Zoning Code §§ 100-282[B], MEMORANDUM BY THE COURT. 100-283, 100-255[B]). In a juvenile delinquency proceeding pur- suant to Family Court Act article 3, the w appeal is from an order of disposition of the O T[ITNUMEERSrsnM Family Court, Queens County(Schindler,J.), `dated June 28, 1991, which, upon a fact- finding order of the same court,dated March 4, 1991, made after a hearing, finding that the appellant had committed an act which, if committed by an adult,would have constitut- In the Matter of CARLTON M. ed the crime of robbery in the second degree, (:anonymous), Appellant. adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 Supreme Court, Appellate Division, months. The appeal brings up for review the Second Department. fact-finding order dated March 4, 1991. May 9, 1994. ORDERED that the order of disposition is affirmed, without costs or disbursements. The appellant contends that the Family Juvenile was adjudged in the Family Court erred in failing to suppress the com- Court, Queens County, Schindler, J., to be plainant's identification testimony. We dis- _ juvenile delinquent,and was placed on proba- agree. The Family Court's determination lion_ Juvenile appealed. The Supreme that the complainant's viewing of the appel- Court, Appellate Division, held that com- lant on the front steps of the courthouse on plainant's identification testimony was admis- sible. the return date of the petition was by mere happenstance and completely spontaneous Affirmed. rather than the result of any improper con- duct by the police is fully supported by the record, and we shall not disturb it (see, Peo- =c Infants a173.1 ple v. Rodriguez, 194 A-D2d 634, 599 Family court properly refused in juve- N.Y.S.2d 46; People v.'Johnson, 145 A.D2d nile delinquency proceeding to suppress`core}- 573, 536 N.Y.S.2d 124; People v. Goodiso 4 plainant's identification testimony; complain- 129 A-D.2d 812, 514 N.Y.S.2d 802; People v. ant's viewing of juvenile on front steps of Wilson, 112 A.D.2d 746, 492 N.Y.S.2d 242j. _. . courthouse on return date of petition was by Since no police-arranged identification pooce mere happenstance and was completely spon- dure was involved, CPL 71030 is not impli taneous rather than result of any improper cated(see, People v. Jenkins, 176 A.D2d 143, conduct by police, and, since identification 574 N.Y.S.2d 29; People v. Green, 149 A.D2d' proceeded from complainant's independent 919, 540 N.Y.S.2d 51). Furthermore, since recollection, identification was not tainted by the identification proceeded from the com- any alleged unlawful arrest. plainant's "independent recollection", the .f identification was not tainted by any alleged ?_ unlawful arrest (see, United States v. Crewo Trevor L.F. Headley, Brooklyn, for appel- 445 U.S. 463, 100 S.Ct. 1244, 63 L.Ed2d 537;: lant People v. Pleasant, 54 N.Y2d 972, •446 VICTOR LESSARD _^ Town Hall. 53093 Main Road 1NCIP AL BUILDING INSPECTOR -• _ .=, ,. P.O. Box 1179 Southold. New York 11971 1516) 765-1302 FAX(516)765-13_3 OFFICE OF BUILDING INSPECTOR 'a TOWN OF SOUTHOLD N. - STOP WORK ORDER TO.. JORDANS PARTNERS 801 MOTOR PARKWAY, HAUPPAUGE, N.Y. 11788 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1000 MAIN STttEEm & 160 M.AIN RED-Rt. 25 , Greenpo rt, N.Y. TAX MA_'P NUMBER 034-02-01 Pursuant to section 100-282-B of the Code of I the Town of Southold, New York you are notified to illIInediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Permit was issued in error, Zone was changed by the Master plan from a B 'zone to a Residential Office Zone. , Office and retail stores are not allowed in this zone. CONDITIONS UNDER WHICH WORK MAY BE RESUi�: Work may be resumed as soon as this zone change is resolved ty the Town Board and okayed by the Planning Board. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may cons` -tute an offense punishable by fine or imprisonment or bath. DP-TED:NOV. 30 , 1989 r— 2i�' URTIS W. HORTON SENIOR BUILDING INSPECTOR PACHMAN. PACHMAN. BROWN & FARNETI. P.G. ATTORNEYS 366 VETERANS MEMORIAL HIGHWAY P.O. BOX 273 COMMAGK. NEW YORK 1I725 (316) 546-2200 TELEGOPIER (516) 543-2271 HOWARD E. PACHMAN MATTHEW E. PACHMAN COUNSEL KAREN R. BROWN' HARVEY B. BESUNDER JOSEPH FARNETI PATRICK A. SWEENEY July 19 , 1994 VIA CERTIFIED MAIL, RETURN RECEIPT -REQUESTED Mr. Thomas Fisher Building Inspector Town of Southold Building Department Town Hall Main Road Southold, New York 11971 RE: Jordan's Partners Premises: 1000 Main Street and 160 Main Road, Greenport, New York Dear Mr. Fisher: As you may be aware, a decision was rendered by the New York State Appellate Division, Second Department on May 9 , 1994, which determined that your issuance of the stop-work order, dated June 8, 1989 , with respect to construction at the premises .located -at 1000 Main Street and 160 Main Road, Greenport, New York, County Tax Map No. 1000, Section 034, Block 02, Lot 01 was a discretionary act. Insofar as the prior zoning classification of light-business district was grandfathered, pursuant to Section .100-225(B) of the Town's Zoning Code, Jordan's Partners demand that the stop-work order be lifted and the building permit be reinstated. I Please advise me, in writing, that �ou have lifted the stop-work order, so our client can proceed with construction. Very truly y s, MATTHEW E. PACHMAN MEP/blb cc: Jordan's Partners Laury Dowd, Town Attorney lot. *" INDEX NO. YEAR 1994 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU, Petitioners, For a judgment under Article 78 of the Civil Practice Laws & Rules -against- ,I BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, ' and GERARD P. GOEHRINGER, Chairman, and SERGE DOYEN., JR. , JAMES DINIZIO, JR. , ROBERT -A. VILLA, and RICHARD C. WILTON, constituting the Appeals Board Members of the Town of Southold, 'Respondents. NOTICE OF PETITION AND SUPPORTING PAPERS PACHMAN, PACHMAN, BROWN & FARNETI, P.C. Attorneys for Petitioners 366 Veterans Memorial Highway . P.O. Box 273 Commack, New York 11725 . (516) 543-2200 Sir: Please take notice _ NOTICE OF ENTRY: that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on , 19 _ NOTICE OF SETTLEMENT: that 'a of which the within is a true copy will be presented for settlement to the HON. , one of the judges of the within named court, at on , 19 at A.M. - Dated: Yours, etc. TO: PACHMAN, PACHMAN, BROWN Attorney for & FARNETI, P.C. Attorneys for Petitioners 366 Veterans Memorial Highway P.O. Box 273 Commack, New York 11725 Lf Sf Z.B.A. RESOLUTION PROPOSED AT REGULAR MEETING OF APRIL 30, 1991: The Board of Appeals of tLie -1owii of Southold hereby amends its Rules of Conduct and Procedure to include the following: GENERAL RULE AS TO THE TIME WITHIN WHICH APPEALS -TO THIS BOARD MAY BE TAKEN, pursuant to New York Town Law, Section 267: A. In the event the applicant is not the landowner, that person or party must, before the application is deemed complete and further processed, submit written proof that, he or she is either: ( 1) an aggrieved person or party, pr.; ( 2) - is an officer, department, board, agency, or bureau 'of the town, or ( 3 ) authorized by the landowner(s) to make ;the application, or ( 4) a contract vendee of the land in question. B. In cases of appeals, variances, notices of appeals, and/or interpretations, a written order, requirement, decision, or determination of an official charged with the enforcement of the zoning regulations must be filed, together with all of the papers which constitute the record upon which the action appealed from was taken. C. In the event that a written order', requirement, decision, or determination, noted in paragraph .B, supra, is affected by an amendment to the application for; a building permit or other application under the zoning regulations, then then notification must be filed with the Office of the Board of Appeals that- the Notice "of Disapproval is; being withdrawn or otherwise acted upon, by the official or department charged with the enforcement of the zoning regulations; BEFORE ISSUANCE OF A BUILDING PERMIT OR OTHER DETERMINATION, WHICH MUST ALSO INCLUDE THE REASONS THEREFORE. D. Variances, appeals, and/or interpretations, must be accepted or filed with the Office of the Board of Appeals within the earliest of the following prescribed periods of time: ( 1) Within sixty ( 60 ) days of the "commencement of construction of the foundation, basement, or other lowest structural support; ' "commencement" shall not, however, be deemed to mean clearing and/or excavation of the land or property; AND/OR ( 2) Within 45 days of the issuance by the building inspector, in writing, of the approved and acceptable foundation construction, after his actual on-site inspection; AND/DR (3 ) Not later than 15 days after submission of the "actual foundation construction survey" (commonly referred to as second foundation survey) and issuance by the building inspector, in writing after an on-site inspection by the building inspector, that same has been approved and passed by the building inspector which may allow for the next stage of construction, AND (4) Prior to the expiration of the .building permit; OR ( 5) No time limit for appeals shall be given where construction has been commenced .without a valid building permit; OR ( 6) At any time where an Order of Violation, revocation or noncompliance has been -issued pursuant to Section 100-282 or 100-283; OR (7) For projects necessitating review by the Board of Appeals under Section' 100-286 where there is noncompliance or violations in existence, and the Board of Appeals determines that .a further administrative hearing is necessary to reopen the case under which a Board of Appeals decision has been made, a hearing may be ordered, by resolution of this board, with proper notice as required by law. +J so -A o�oSUFFO[,��OG APPEALS BOARD MEMBERS y� Southold Town Hall Gerard P. Goehringer, Chairman y ,x 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. T �O� Southold, New York 11971 Robert A. Villa �lic �` Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 24, 1994 Matthew E. Pachman, Esq. 366 Veterans Memorial Highway Commack, NY. 11725 Re: Proposed Application - Jordan's Partners & Pantelis Papazoglou Dear Mr. Pachman: In response to your most recent communications, this will confirm that our position remains unchanged. Very truly yours, GERARD P. GOEHRING CHAIRMAN Page 2 Gerard"P. Goehringer, Chairman October 17 , 1994 In the September" 23rd letter, Ms. Dowd, again as Mr. Fisher's agent and attorney, reconfirmed his belief that theTown Code Section in question does not apply. r Thus, in response to paragraphs "1" anh 11311' of your letter, the August 16, 1994 letter was, in fact, a " ."—decision, interpretation or determination" made by the administrative through his agent and attorney. Further requests on our part seeking to have the Building Inspector respond would clearly be fruitless; the law does not require one to perform acts of futility. With respect to paragraph 112" of your,, the stop work order specifically states it is effective "until rescinded" and, thus, is on-going and subject to interpretation at anytime. It was the applicant's position that it should appeal directly to the Suffolk County Supreme Court, since the issue was one, of law, not 'fact. The Appellate Division, however, determined that the request must- first be presented to the BZA, so as to exhaust the applicant's administrative remedies. This is exactly what we are attempting to do. I trust that the documents enclosed, which were already in the Town Attorney's file, will clarify the, procedural background of this appeal and allow the application to, be filed. If' I can provide you with any further information, please do not hesitate to. contact me. Thank you for your prompt attention to this matter. Very truly yours, t{ MATTHEW E. PACHMANN� MEP/blb enclosures _ . L PAGHMAN. PAGHMAN. BROWN & FARNE-ri. P.G. ATTORNEYS -166 VETER 104S MEMORIAL HIGHWAY P.O. BOX 273 COMMACK. NEW YORK 11725 (516) 543-2200 TELECOPIER (516) 543-2271 HOWARDE. PACHMAN MATTHEW E. PACHMAN COUNSEL KAREN R. BROWN' HARD"EYB. BESU1vDER JOSEPH FARNETI PATRICKA. SWEENEY •.LL30..DMITT[D I Y!r.IC MLI' October 17, 1994 VIA. FACSIMILE AND REGULAR MAIL Gerard P. Goehringer, Chairman Town of Southold Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Application - Jordan's Partners & Pantelis Papazoglou Dear Mr. Goehringer: I am in receipt of your facsimile letter dated October 15, 1994 with respect to the above-referenced application. I respectfully request that you reconsider the Board's position, since it is based upon a false premise. _ Enclosed please find copies of my letter to Mr. Thomas Fisher, dated July 19 , 1994 ; a letter from Town Attorney Laury Dowd, dated August 16, 1994 ; my letter to Ms. Dowd, . dated August 30, 1994; and Ms. Dowd' s letter to me, dated September 23,. 1994. As you can see, I had requested that Building Inspector Thomas Fisher lift the stop work order and ,tlinstate the building .permit in light of . Southold Town Code Section 100-255(B) , which grandfathered the prior zoning classification of- light business district. In her August 16, 1994 letter, Ms. Dowd, as the agent and attorney for 'Mr. Fisher, stated that he does not plan to do so '-because, presumably he did not feel that Section 100-255 (B) applied to the Jordan's Partners application. In my August 30th letter, I requested that .the response come directly from the Building Inspector. The matter has been in abeyance pending the challenge, by way of Article 78 proceeding of the original decision of the Board of Zoning Appeals dated October 17, 1990. Thus, only .five months of the three year period has run; the remaining time has been tolled pending the outcome of the litigation. Under any interpretation of S100-255 (B) , it is true that, in May, 1989, Jordan's Partners . had -obtained the necessary approvals and the statutory exemption was adopted. Notwithstanding this, the Building Inspector has refused to vacate the "Stop Work Order" and reactivate the building permit. 1 store shopping center" became a prohibited use in the new .zoning classification. Among the new provisions added to the Zoning Code in the 1989 Zoning Amendment was §100-255 entitled, Duration of Approval, which became in effect in May 23, 1989. Paragraph A addressed site plans approved after the effective date .: of the local law. Paragraph B addresses site plans approved prior to the effective date of the local law. It states in full;.;: All site plans which have received final approval prior to . the enactment of this Article, shall remain valid: for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. (emphasis supplied) The language of §100-255 is clear and unambiguous, its purpose is obvious; and its application to Jordan's Partners is compelling. The Board of Zoning Appeals must look to the plain and unambiguous language of the local law in interpreting §100-255 (B) . The Jordan's Partners' project is tailored to the statutory criteria: -- Jordan's Partners' site plan had received final approval in 1986, prior to the enactment of the Article and subject to a water supply, and; -- The site. plan had received the final government approval, -- permission from the SCDHS for a temporary on-site well, in May of 1981. The date of final governmental approval was May, 1989 . Under the explicit language of this 5100-255 (b) , Jordan's Partners obtained "grandfather" rights for the approved. site plan. Jordan's Partners obtained the building permit promptly after receiving SCDHS approval. ADDENDUM On January 9, 1989, the Town of Southold (hereinafter the "TOWN") adopted major revisions to the town zoning code and map. That local law amended the zoning classification affecting the subject premises and would prohibit Jordan's Partners' construction of their project. As of the date of the zoning change, Jordan's Partners had not obtained a building permit because of the longstanding problem with obtaining an approved supply of water. The availability of a water supply was resolved in May, 1989, by Suffolk County Department of Health Services (hereinafter "SCDHS") . On May 18 , 1989, Jordan's Partners made formal application for a building permit to the Southold Building Department. On June 8, 1989, 'the building permit was issued for an "office and retail store shopping center" in conformance with the site plan approved by the Planning Department nearly three years earlier. With the building permit in hand, Jordan's Partners commenced construction in September, 1989 . It installed footings and the foundation. However, on November 30, 1989 , the Principal Building Inspector issued. a "Stop Work" Order which stated that the original building permit was issued in error. The Building Inspector's invalid "stop work" order stated that an intervening change of zone of the premises, adopted by the .Town Board in January, 1989, prohibited the use of the premises for which the building permit was issued. The zone change amended the zoning classification from a business zone to a new "RO" (residential. office). zone classification. An "office and retail (o/I?/. Y IKA TOWN OF SOL :.'s .:' .i UXK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ? 1;......L994. TO THE ZONING ©.OARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. JORDAN�S PA} INE}ZS & PAN'I�E2IS o f 801 Motor Parkway ............................... 1, (We) .. . ....... . ............................................. Name Appellant PAPAZOGL'C� Street and Number e o F A ......................................... ....NX...................HEREBY APPEAL TO ......FJP�IJ���'+CIC�..........:................ State Municipality for an interpretation of the Southold Town Code and THE ZONING BOARD OF APPEALS/FROM THE DECISION OF THE BUILDING INSPECTOR MN refusing to review the 11stop Work Order" re: August 16, 199 ANP ? /PERMIT NO. ;181877.:.................... DATED .....................................`................ WHEREBY THE BUILDING INSPECTOR refused to reconsider the stop work order dated June 8, 1989, although the prior zoning classification of light business district of the Town's Zoning Code• was grandfathered, pursuant to.Section•100�255(B)......................... »- Name of Applicant.for permit Same as above NY of 801 Motor Parkway, Hauppauge. . ......................... _•••Street and Number'-----­ •Municipality •State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I X) Building Pernut t and 160 Main Road: Rte. 25, Greenport, L�1Y 1. LOCATION OF THE PROPERTY .1.000-YWA..5� ••• ••••• ••• • ......• ......••• ......••"•' Street /Hamlet / Use District on Zoning Map District 1000 Section 034 Bl ock 02 Lot 01 ,•Current Owner Jordan's Partners and Pantelis ..».._._..».:.»...--.». Papazoglot ..'.........•'••'•'••'••• •M•�••- Lot No. s Park Place, Ltd. Mop No. Prior Owner Jordan' 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VII Section 100-255(B) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box), ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack .of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X ) An interprelation of the Southold Town Code Section 100-255(B) and a review of .. the building inspector's refusal to vacate the stop work order and reactivate the building 4. PREVIOUS APPEAL A previous appeal (has) ( X�) been made with respect to itad$titut permit. with respect to this property. Such appeal was ( ) request for a sUpeecial permit ( X) request for a/variance 3915 ,paled Janua '. 30, 1990 andwas made in Appeal No. .. ..................... .... ........ .. ..... ........................................ REASON FOR APPEAL A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( x) . An interpretation•of the Southold Town Code-, and a review of the building inspector's refusal as described above. is requested for the reason that see ADDENDUM attached raft ZB1 (Continue on other side) • MSiv�J.a n�..•.. s ;_. REASON FOR APPEAL Continued 1• STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because inapplicable. 2• The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this proparty and in this use district because inapplicable. rit of the Ordinance and WOULD NOT CHANGE THE 3, The Variance would observe the spi CHARACTER OF THE DISTRICT because inapplicable. 1 . TORDAN'S P ' STATEOF NEW YORK ) BY:...... ........ ............:................................. ss _Signature . CQUNTY OF �D I� , partner• !I of October 94 .... .............................. day ......................................................... 9 Sworn to this ... y�Ca - :. ?....... ....... ..... h .. ..... ...... ........ Notary Public HATRICL4 A. 'CRY PUBLIC Nwykwk No.01 Duelitiod N w Prxnmiseifxl EuA1 V. I I l - �OS�FFO(K�oG v - ,� tk ; 3 N LAURY L.DOWD O Town Hall,53095 Main Road Town Attorney yif'O aO�yt P.O. BOX 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD September 23, 1994 Matthew E. Pachman, Esq. Pachman, Pachman, Brown & Franeti, P.C. 366 Veterans Memorial Highway P. 0. Box 273 Commack, New York 11725 Dear Mr. Pachman: As I stated to you in my previous letter, the town sees no reason for reconsidering the prior stop work order on the Jordan's Partners property. The recent court decision did not call for such a reconsideration.. - I have spoken to the building department and they advise me that there is no pending application by your client upon which they have been asked to respond. Please be advised that the building department will not be making any future response on the 1989 decision. Very truly yours, Laury L.�Do d Town Att� ey cc: Building Department PAC;HMAN. PAC H MAN. BROWN & FARNET1. P.G. ATTORNEYS 066 VETERANS MEMORIAL HIGHWAY P.O. BOX 273 COMMACK. NEW YORK 11725 (516) 543-2200 TELEGOPIER (516) 543-2271 HOWARD E. PAGHMAN MATTHEW E. PAGHMAN _ COUNSEL KAREN R. BROWN' HARVEY B. BESUNDER JOSEPH FARNETI PATRICK A. SWEENEY .tiso wnr.rtru .ew.e Kser . August 30, 1994 Laury L. Dowd, Esq. Office of the Town Attorney Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Jordan's Partners, Greenport, NY Dear Ms. Dowd: I acknowledge receipt of your letter dated August 16, 1994 wherein you advised me that the Building Inspector does not plan to modify the November 30, 1989 stop work order. I attempted to contact you by phone on August 23 , 1994 and left a message. You have not had an opportunity to return that call. I believe that such a determination must come directly from the Building Inspector himself under New York State Law. Thus, I respectfully request that the Building Inspector notify my firm of whether he intends to lift the stop work order by return mail. If you have any questions, please do not hesitate to contact me. very truly yours, AHE. PACHMAN - MEP/blb suFFot� — �O Cp o =� N = LAURY L DOWD 0-- Town ATeY Town Hall,53095 Main Road P.o. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516)765-18o0 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD August 16, 1994 Matthew E. Pachman Pachman, Pachman, Brown & Farneti P.O. Box 273 Commack, NY 11725 Re: Jordan's Partners, Greenport, NY Dear Mr. Pachman: I am responding to your letter dated July 19, 1994 in which you ask the Town Building Inspector to advise you that he has lifted the stop work order on the above-described property which was issued on November 30, 1989. In your letter you cite the Appellate Division, Second Judicial Department decision at 611 NYS2d 626 to suggest that the decision re the stop work order should be changed. The Building Inspector does not plan to modify the November 30, 1989 stop work order. The grounds you raise now were the same ones - raised at the time. The appellate court's opinion suggested that the building inspector acted properly. Please call me if you have any questions. , r Very truly yours, Laury L Dow cc: Thomas Fisher Officers Yill a9 e of greenp Or� TELEPHONE MAYOR (516)477.2385 GEORGE W.HUBBARD INCORPORATED 1838 NEW INCORPORATION APRIL 7,1868 CLERK TRUSTEES REINCORPORATION UNDER GENERAL LAW MAY 28,1894 1 LORNA M.CATUS WILLIAM D.ALLEN STEPHEN L.CLARKE 1� �yly� _ TREASURER DAVID S.CORWIN •' •"""• MARY E.THORNHILL GAILF.HORTON •NG 1 S L A N � • 236 THIRD STREET P.P.BOX AH GREENPORT,NEW YORK 11944 TO: Mayor Hubbard and the Board of Trustees FROM: Planning Board DATE: May 14, 1990 SUBJECT: Meeting between Greenport Board of Trustees , Greenport Planning Board and Southold Town Board, Southold Zoning Board and Southold Planning Board. At the May 7 , 1990 meeting of the Greenport Planning Board a motion was made by Mike Rowsom, seconded by Penny Coyle and carried requesting that Mayor George Hubbard schedule a joint meeting of the Village Board of Trustees, this Board and the Southold Town Board, Zoning Board and the Planning Board to discuss pending development of the Greenport Commons shopping mall to be located at the corner of Main Street and the Main Road, Greenport . The Planning Board feels that this development , along with the possibility of similar and larger development of the Brecknock Hall site, pose a major and potentially catastrophic, threat to the future of the Greenport business district and the Village itself . The Board requests that this meeting be scheduled as quickly as possible so as to occur prior to Town Zoning Board action on the Greenport Commons variance request which is currently pending. D� FOLkc�Gy W 3 0M PLANNING BOARD MEMBERS SCO L. HARRIS Bennett Orlowski, Jr., Chairman �YO� O� supervisor George Ritchie Latham, Jr. 1D Richard G. Ward Town Hall., 53095 Main Road Mark S. McDonald . P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone ((516 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman DATE: May 22, 1990. RE: Greenport Commons / Jordon' s Partners SCTM#1000-34-2-1 The following is in response to the Appeals Board request for the Planning Board's comments on the above referenced application for a variance, application No. 3915. The Planning Board is not in favor of granting a variance to construct a shopping center in this residential office zone. The Master Plan completely considered all factors when the zone was changed from business to residential office. . The Board is in favor of the present zoning. 1gym F14- MAY 719M JOHN C. '1 SUNK m.._. ATTORNEY AT LA JOHN C.TSUNIS May 4, 1990 SCOTT ZAMEK Zoning Board of Appeals TOWN OF SOUTHOLD, TOWN HALL 53095 Main Road Southold, New York 11971 Att: Doreen Re: Jordan' s Partners Greenport, New York Dear Doreen: This shall confirm our telephone conversation of today where- in you advised me that your office is in receipt of the Long Environmental Assessment Form submitted -on behalf of the above referenced applicant pursuant to the Chairman' s request. Also, the recess date for my client' s hearing has not been scheduled and will not be scheduled until June of 1990 . Your office will notify me as to said date when it is scheduled. If you need anything further, please contact me. Very truly yours, John C. Tsunis, Esq. BY: COT ZAMEK, ESQ. SZ/krs Enclosure KRH/1-GREENPORT: ZBAPPELI 801 MOTOR PARKWAY•HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000• FAX:516-582-4256 ,L COUNTY OF SUFFOLKrA 17 90 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE' DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING April 16, 1990 Town of Southold Zoning Board of Appeals _ Re: Application of "Nicholas- Al & ordanls Partn` ers" PP , Town of Southold (Appeal Vs 3907 & a 15) Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide the following: (1) indicate exact variance(s) and or special permit(s) being sought with reference to specific section(s) of the zoning ordinance;' (2) submit information demonstrating compliance with applicable variance(s) and/or special permit criteria; (3) finalized information relative to the SEQRA process; (4) a transcript of the minutes of the public hearing; (5) any other available explanatory or supportive information relating thereto; and (6) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kunz Director of Planning S/sGerald G. Newman Chief -Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE.LI.. NEW YORK 11789 (516)360-5192 - CV JOHN C.TSUNIS ATTORNEY AT LAW April 26, 1990 JOHN C.TSUNIS -- SCOTT ZAMEK ff. 0 V L5 D HAND-DEL-I-V� APR 3 0 7- Zoning Board of Appeals TOWN OF SOUTHOLD, TOWN HALL 53095 Main Road Southold, New York 11971 Att: Doreen Re: Jordan' s Partners Greenport, New York Dear Doreen: Pursuant to the request of Chairman Goehringer, I am enclos- ing a completed Full Environmental Assessment Form in connection with the above referenced applicant' s requested Use Variance. Please advise me as to the status of any future recessed hearing date. Thank you for your cooperation. Very truly yours, John C. Tsunis, Esq. BY: •S TT ZAMEK, ESQ. SZ/krs Enclosure KRH/1-GREENPORT: ZBAPPELI 801 MOTOR PARKWAY •HAUPPAUGE,LONG ISLAND,NEW YORK 14788 •TELEPHONE 516-582-4000 •FAX:516-582-4256 t AP*W Sub x A WMW Mal Cusuly 1l4eletr FULL ENVIRONMENTAL ASSESSMENT FORA Purpok: The full EAF is designed to hel ` dr action may be significant The p Dplicants and agencies determine. in an orderly manner. whether a project fy, there are as t°0"01 w�t�r an action may be significant is not always easy to.answer. Freques* pects of a project that are subjective a unmeasureabk. It a also significance may have little a no formal knowledge of the environment or may be that tie who determine analysis. In addition.many who have knowled y by expert in environmental the question of significance. �'^one particular area may not be Swan!01 the broader concerns affecting The full EAF is intended to provide a Process has been orderly, compprehe method whereby applicants and agencies can be assured that the determination nsive;n nature.yet flexible to allow introduction of information to fit a project or actiod Full EAF Components: The full EAF is compnsed of three parts: Part 1: Provides objective data and information about a iven data, it assists a reviewer in the anal g e in Pt and & site. By identifying basic project Analysis that takes place in Parts 2 and ; Part 2: Focuses on identifying the range of possible impacts that may occur 0 t of action.from a guidance as to whether an impact is likely to be considered small to moderate a whether t It provides large impact. The form also identifies whether an impact can -t mitigated moderate or reduced. potentially Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or • impact is actually important not the DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions FIdentifye Portions of EAF completed for this project: C Part 1 . _ Part Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropnateand OPart 3 information, and considering both the magitude and importancoter lead agency that e of each impact it,s reasonably detehmined by 'the = A. The project will not result in anv large and important _ l not have a significant impact on the environment. therefore a negative declaration is be which Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared., C. The project may result in one or more large and important impacts that maq have a significant impact on the environment, therefore a PO4itive declaration will be A Conditioned Negative Declaration is only valid for Unlisted Actiponsparet Greenport Mall Name of Action 'came of lead Agency Print or T°=- �� ape Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in lead Agency Signature of Preparer(If different from yes nsibte officer) Po ficer) . .» .„ Date ART 1 - PROJECT I1*014ATIM Prepared by Project Sponsor NXICE: This document is designed to assist in determining whether the action p r My have a significant effect on the environment. Please corrplete the entire form, Partsd A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and lic tional information you believe will be needed to complete Partsreviem 2 ard.3.Provide any addi_ It is effected that carrpletion of the full EAF will be cur- rently dependent on available and will not involve new studies, research or investigation. IIfrinfoorma- tion requiring such additional work is unavailable, so indicate and specify each instance. ME OF ACT IM Greenport Mall UXATICN OF ACT'ICN: 280 North Road Greenport,N.Y. E AECRESS OF APPLICWr/SFCN6CR: John Tslin i s��01��7�N 5 Pt�4RT N�25 801 Motor Pk . Hauppauge,N.Y. ELS, PIJTE: 582-4000 S-F10LX CQ.(YIY TAX I DENT I F I CAT I CN NLM3ER: 10 0 0-3 4-2-1 DESCRIPTION OF ACTICN: To construct a 29, 000 S.F. Shopping Mall PLEASE (TiPLFi1= EACH QjEST I C N - INDICATE N/A IF I'M APPLICABLE: A. SITE DESCRIpTICN: Physical setting of overall project, both developed and undeveloped . oped areas. 1 . Present land use: / 1 Urban / / Industrial / / Cam-ercial / / Residential Suburban / / %ral (non-farm) /F/ orest / / / Other / /(Specify) Agriculture X 2. Total crea /square footage of the project area (circle one) : 4- 7 AFPI'MINIATE AREA: PRFSEMLY AFTER 01fUTICN Beach, Dune or Bluff T i da I Wetlands ----- Freshwater Wet lands ------- Oak Forest Pine/Oak Forest Brush 'Pasture or Cropland -Ol.andscaped Old Field ---- Surface Water = - Roads, Buildings, Inpervious Surfaces Other (Please specify) CL_;:_54ror ) L,-N o --- 3. Wu t •1 s, predomi nant so i I t�, I s) on pro j ec t s i t e? 4A v t nl g K a o Z �. Soil drainage: Well drained 1 of site Moderately well drained I �>,- of site Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within so i l grog 1 through 4 of the N1fS Land C l ass i f i ca t i on Sys tem? acres. (See 1 NVU;R 370). 4. Approxin®te percentage of proposed project site with slopes: 0-10% 10-15% _ 15% or greater S. Is project substantially contiguous to, or contain a building. on the State or the National Registers of Historic Places? site or district, listed � I Yes /x/ No 6. Is project substantially contiguous to a site listed on the Register of National Land- warks? / / Yes /<1 No 7. What is the depth of the water table? r� _( in feet) S. is site located over a primary, principal , or sole source aquifer /D<1 Yes / / No 9. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I ! Yes l:(l No 10. a. hoes project site contain any species of plant or animal life that is identified as threatened or endangered? / / Yes No Identify each species b. %%ha t w i I d I i f e spec i es have I'v en con.f i nTied or wou i d be expec:ed to occur on site? c. Do any rare, protected or species of special concern use this site7 d. Are there any rare or protected plants or unique plant cormtnites present 'on site? h 11 . Are there any unique or unusual land fortes on the project site, (i .e. cliffs, dunes, other geological formations) Yes /JkV No DESCRIBE: 12. Is the project site presently used by the crnmnity or neighborhood as an open space or recreation area? / / Yes /De/ No If yes, OTIAIN: 13. Does the present site include scenic views known to be irTportant to the comrunity? i i Yes /�/ No If yes, please describe: reams within or contiguous to project area: �Jt, Name of Stream and name of River to which it is tribuary: 15_ Lakes, ponds, wetland areas within or contiguous to project area: 1 'a. Name; b. Size ( In Acres) ' 16' Name of any Creek Entia} it or Harbor within or conti9uo__ to project area: c' a• Noma of waterbody to which it is tributary: b. Width of Creek or waterway at project site: 17. Is the site served by existing public utilities? /,></ Yes / /' No a. If Yes, does sufficient capacity exist to allow connection? / KI Yes / / No b. If Yes, will improvements be necessary to allow connection? I / Yes /a( / No 18. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCFR 617? / ! Yes /o(/ No 19. Has the site ever been used for the disposal of solid or hazardous wastes? / /Yes No ! / unkmmn B. . PROJECT DESMIPTICN: 1 . Physicall dimensions and scale of project (fill in dimensions as appropriate)a. Total contiguous acreage owned or controlled by projects or opriate) b. Project acreage to be Bevel Lj ponsor: C. Project acreage to remain und�evelo '4 acres initially; Q., acres ultimately. d. Length of project, in miles: N A ' 3 acres. e. If the project is an expansion, indicate perocentt0f f. Nur>ber of off-street parking expansion proposed ti A $; pa ng spaces existing y ; - proposed 2o3 , g• Maxin m vehicular trips generated per hour 2rao h. If residential : Nurber and t CORPietion of project)? type o f housing ng units: One Family Two Famil M�Iti le Famil y P Y Condominium Initially: Ultimately: I . Dimensions ( in ft) of largest proposed structure Lin. Ft. of frontage alo at• I�width; ¢I , Lgth j . ng public thoroughfare project will occupy is? 2• How much natural material ( i .e. rock, earth, etc. ) will be ranoved from the site? 0 tons/cubic vards 3• Will disturbed areas be reclaimed? / Yes / / No 1 1 N/A a• If yes, for what intended purpose is the site being reclaimed? LANs b• Will topsoil be stockpiled for reclamation? /,</ Yes / No c. `iiII upper subsoil be stockpiled for reclamation? !off/ Yes / ! NO Q. How many acres (square feet) of vegetation (trees, shrubs, ground covers) will be removed from site? — D- acres (square feet) / / N.A. ,Ip 'ill ;, ow many acres (square feet) of fertilizer-dependent vegetation is r Including lawn, trees and shrubs P oposed for site, �5 L a_ 6: If single phase project: ' Anticipated period of construction ( months, ( including dam I I t I on). 7. 1f multi-phased: a. To t o I rLnbe r o f/ 'bases anticipated (nlrber). b. Effected date of camiencement phase 1 month year, ( incl . demolition) C. Approximate carrpletion date of final phase month year, d. Is phase 1 functionaIIv dependent on subsequent phases? / / Yes / / No a.. No. of jobs generated: during construction I C10 ; after project complete 5 / / N.A. i 9. Nurber of jobs eliminated by this project a / / N.A. i 10. Will j roect require squire relocation of any projects or facilities? / / Yes /o('/ No If Yes, please explain: 11 . Is surface liquid waste disposal involved? V '/ Yes I No / / N.A. a. If yes, indicate type of waste (sewage, industrial , etc.) and amount b. Name of water body into which effluent will be discharged 12. Is subsurface liquid waste disposal involved? /, / Yes / / No / / N.A. Type r,a R �r=wo ate, 13. Will surface area of an existing water- body increase or decrease by proposal? - / / Yes /jC/ No / / N/A If yes, explain: 14. Is project or any portion of project located in a 100 year flood plain? / /Yes /A,-`7No IS. WiII the project generate solid waste? Yes 1 I No I / N.A. a. If yes, what is the amount per rmnth? 3 tons 1 b. If yes, will an existing solid waste facility be used? Yes / / No c. If yes, give name t,.•J)J o.r-5iT ij o y) ; L.oca t i on: i d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? / / Yes /K/ No e. I f yes. D0'LA I N: 16. Will 'the project involve the disposal of solid waste? 1 / Yes W1 No / / N.A. a. If yes, what is the anticipated rate of disposal? _tons/month wh b. If yes, at is the anticipated site life? yea 17. Will project use herbicides or pesticides? / / Yes </- No i / N.A. II f 18. 1Fli I 1 'project produce odors (more than one hour per day)? / / Yes IVI No / / N.A. 1 Will project produce operating noise exceeding the local anbient noise levels? Yes /4(/ No 1 / N.A. 'I i 20. WI IJI project resin t in a ncrease ' If yes, indicate T �n energy use? No / / N-k �s� !"mac-7��--ir �oR_ ���1J(' ,21 . If water supply is fram wells, indicate purpi capacity: � ng llons/minute. 22. Total anticipated water usage per day: Z. bb gallons/day. 23. Does project involve Local , State or Federal funding? / / Yes If yes, please EXPLAIN: ! No 24. Approvals Required: Town, Village Board PC/Yes / /No Type. Subnittal Date Taws, Village Planning Board /K'/Yes / /No Taws Zoning Board ! ia�nrz�vp� � Ca�.nty Hea I th /x/Yes I INo Vo�•ria�nc.c. Loeal Agencies�rtment /k/Yes / /No j Reg i"a 1, Agenc i es /Yes / /No 1 !State Agencies /Yes /�/No /�C/Yes / /No Federal Agencies —Ky.S o d / /Yes /No C. ZC N I NO AND PL WI 1 1'10 1 WCRW I CN 1 . Does proposed action involve a plaming or zoning decision? /5(I Yes ! I No If Yes, indicate decision required: / /Zoning Amrdmnt ! /Zoning Variance / / / /Site plan / /New/Revision of Land Use Plan / 'a/�s�l Use Pe�'t / /Subd on /Other (�S ce 1►�nagement Plan a 2• Mat is the zoning classification(s) of the site? / 3. what is the maxintm potential develo pment of the site if developed as permitted by the present zoning? � .� • 4. "''at is the PFOPp zoning of the site? S. what is the maxirnm potential development of 12"1the si�ti develoW as proposed zoning? permitted by the � Sl✓ K�T1�i� � �ic1�!cli✓ 1010"tp'11 .I s the proposed action consistent with the recommended uses in local land use plans? / / Yes /}�/ No adopted or recommended MEL. ._ 7. What are the predominant Iar se(s) and zoning classificatia Mithin a 1/� tulle riidlus 'of, proposed action? S. ; Is the proposed action compatible with adjoining/surrounding land uses within a 1 a Mile? kl Yes / / No / 9. If the 'proposed p oposed action is .the subdivision of lard, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorizations) for the fo nmatiori of sewer or water districts? / / Yes /hI No / / N.A. 11. Will the proposed action create a significant demand for any comnnit provided es (recreation Y P ded servic- es police, fire protection? / / Yes No a. If Yes, is existing capacity sufficient to handle projected demand? / / Yes / / No 12. Will the r p oposed action result in the generation of traffic significantly above present levels? / / Yes 1)( / No a. If yes, are existing roads adequate to handle the add' I . traffic? / / Yes / / No D. I NMATICWL DETAILS Attach any additional information as may be needed to clarify y are or may be any adverse iYour project. If there npacts associated with your proposal , please discuss such impacts and the measures width you propose to mitigate or avoid them. o E. MRIFICATIal: I certify that the information provided above is true to the best of fry knowledge. So�r4rv5 Pfl 'Nfv RS Date: Name of Applicant/Sponsor Signature Pr nG� Title 3 C., 15,ayi i S ; f the action is i t Coastal Area, and you are a state agency, complete the Coastal �ssessrnent Form be ore proceeding with this assessment. Part 2—F JECT IMPACTS AND THEIR M - -'NITUDE Responsibility of Lead Agency General;Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples"and/or lower thresholds may appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. f c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO DYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes ° ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes ❑No 3 feet. ' • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No - 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of'natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes []No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No A41PI,IIN� ';Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect to any unique or unusual land forms found on the site?(i.e., cliffs,dunes, geological formations, etc.)❑NO DYES • Specific land forms: ❑ ❑ ❑Yes ❑No IMPACT ON WATER Small to Potential Can Impact Be 3 Will proposed action affect any'water body designated as protected? Moderate Large Mitigated By (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) Impact Impact Project Change Examples that would apply to column 2 GNO OYES • Developable-area of site contains a protected water body. ❑ • Dredging more than 100 cubic yards of material from channel of a ❑ ❑Yes ❑No protected stream. ❑ ❑ ❑Yes ❑No • Extension of utility distribution facilities through a protected water body. ❑ • Construction in a designated freshwater or tidal wetland. ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ONO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ or more than a 10 acre increase or decrease. ❑ ❑Yes ❑No • Construction of a body of water that exceeds 10 acres of surface area. ❑ • Other impacts: ❑ ❑Yes ❑No ❑ ❑ ❑Yes []No 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO OYES Examples that would apply to column 2 • Proposed,Action will require a discharge permit. ❑ • Proposed; Action requires use of a source of water that does not ❑ ❑Yes CNo have approval to serve proposed (project) action. ❑ ❑ ❑Yes ❑No • Proposed Action requires water supply from wells with greater than 45 0 gallons r ❑ ❑Yes ❑No 8 per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ supply system_ ❑ ❑Yes ❑No • Proposed Action will adversely affect groundwater. a • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ON do not exist or have inadequate capacity. ❑ ❑Yes ONO • Proposed ,Action would use water in excess of 20.000 gallons per ❑ day. ❑ ❑Yes QNo • Proposed Action will likely cause siltation or other discharge into an ❑ existing body of water to the extent that there will be an obvious visual ❑ ❑Yes ❑No contrast to, natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. ❑ ❑ ❑Yes CNo • Proposed Action will allow residential uses in areas without water and/or sewer services. ❑ ❑ ❑Yes ❑No • Proposed Action locates commercial and/or industrial uses which may ❑ require new or expansion of existing waste treatment and/or storage ❑ ❑Yes ❑No 4cilities. ther impacts: ❑ ❑ ❑Yes CNo 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO OYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes [No 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. 0 ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. Cl ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: � ❑ ❑ ❑Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ONO OYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given Cl ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No refy'se per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. r; • Proposed action will allow an increase in the amount of land committed G ❑ ❑Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes No development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? ONO OYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No ,list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will, Proposed Action substantially affect non-threatened or non-endangered species? ONO OYES Examples-that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. ' IMPACT ON AGRICULTURAL LAND RESOURCES .10. Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 ONO OYES • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) { Small to Potential 71mpactBeModerate Large y Impact Impact Project Change • Construction activity would excavate or compact the soil profile of C agricultural land. ❑ ❑Yes No • The proposed action would irreversibly convert more than 10 acres ❑ of agricultural land or, if located in an Agricultutal District, more ❑ ❑Yes ❑No than 2�5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping), or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? ONO DYES + (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes rNo or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ aesthetic resources which will eliminate or significantly reduce their ❑ []Yes �No enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ screening of scenic views known to be important to the area. []Yes L do • Other impacts: C n Dyes CNo IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES • 12. Will Proposed Action impact-any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ contiguous to any facility or site listed on the State or National Register ❑ ❑Yes ❑tio of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ project site. ❑ ❑Yes ❑No • Proposed Action will occur in an area designated as sensitive for Cl archaeological sites on the NYS Site Inventory. ❑ ❑Yes ❑No • Other impacts: C ❑Yes CNo IMPACT ON OPEN SPACE AND RECREATION Will Proposed Action affect the quantity or quality of existing or future,open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES • The permanent foreclosure of a future recreational opportunity. ❑ []Yes ❑No ❑ • A major 'reduction of an open space important to the community. ❑ ❑ ❑Yes CNo � Other impacts: Q ❑ ❑Yes ❑No A IMPACT ON TRANSPORTATION z 2 3 14 Will there be an effect to existin Small to Potential Can Impact Be 8 trans portation systems? Moderate Large Mitigated By ONO OYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of, present patterns of movement of people and/or goods. ❑ [] Dyes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO OYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in +I:e use of ❑ any form of energy in the municipality. ❑ ❑Yes No • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑No i transmission or supply system to serve more than 50 single or two family Iresidences or to serve a major commercial or industrial use. • Other impacts: ❑ Q. Dyes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO OYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ El. ❑Yes ❑No facility. • Odors will occur routinely (more than one hour per day). C ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the local C ambient noise levels for noise outside of structures. ❑ ❑Yes ❑No • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: 11 ❑ OYes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? Examples that would apply to column 2 ONO OYES • Proposed Action may cause a risk of explosion or release of hazardous ❑ Cl ❑Yes ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ []Yes ❑No form i(i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious. etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ Dyes ❑No gas or;other flammable liquids. a� "! • Proposed action may result in the excavation or other disturbance ❑ ❑ ❑Yes El NO within 2.000 feet of a site used for the disposal of solid or hazardous waste. • Other'impacts: ❑ ❑ ❑Yes ❑No IMPACT ON GR01h+�+ AND CHARACTER 2 3 AI OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be 18 Will proposed action affect the character of the existing community? Moderate Large Mitigated By CNO OYES Impact Impact Project Change Examples that would apply to column 2' • The permanent population of the city, town or village in which the ❑ ❑ Project is located is likely to grow by more than 5%. ❑Yes []No • The municipal budget for capital expenditures or operating services ❑ will increase b% more than 5% per year as a result of this project. ❑ ❑Yes ❑No • Proposed action will conflict with officially adopted plans or goals. ❑ [1 • Proposed action will cause.a change in the density of land use. ❑Yes ❑No ❑ 0 ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ or areas of historic importance to the community. ❑ ❑Yes ❑No • Development will create a demand for additional community services ❑ (e.g. schools, police 'and fire, etc.) ❑ []Yes ❑No • Proposed Action will set an important precedent for future projects. ❑ ❑ • Proposed Action will create or eliminate employment. ❑Yes ❑No ❑ ❑ ❑Yes []No • Other,, impacts: ❑ ❑ . ❑Yes L7No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO AYES j If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 i Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impacts) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based,on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: The probability of the impact occurring The duration of the impact • Its irreversibility, including permanently lost resources of value Whether the impact can or will be controlled •, The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. 1 ': (Continue on attachments) JOHN C.TSUNIS ATTORNEY AT LAW JOHNC.TSUNIS April 26, 1990 SCOTT ZAMEK 15 � [E 0 V M D HAND=DELiVBRED APR .3 0 1 Zoning Board of Appeals - TOWN OF SOUTHOLD, TOWN HALL 53095 Main Road Southold, New York 11971 Att: Doreen Re: Jordan' s Partners Greenport, New York Dear Doreen: Pursuant to the request of Chairman Goehringer, I am enclos- ing a completed Full Environmental Assessment Form in connection with the above referenced applicant' s requested Use Variance. Please advise me as to the status of any future recessed hearing date. Thank you for your cooperation. Very truly yours, John .C. Tsunis, Esq. BY: W+&LL4 S TT ZAMEK, ESQ. SZ/krs Enclosure KRH/1-GREENPORT: ZBAPPELI 804 MOTOR PARKWAY •HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000+FAX:516-582-4256 - r ., elm App� A SEOA Sbb I Ousay 1la�Nr FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF b designed hel a or action may be significant ign p PPlicanU and agencies determine. in as orderly manner, whether-a project lv. there areIxcts of a project as that are subjective a unrrkasurea question of whether an action may be significant is not always easy to answer.Frsquere. bk. It is also wWerstood significance may have little or no formal knowledge of the environment or n►ay 0 a dwt d1Osu who determine analysis. In addition,many who have knowledge, RY expert in emrironmental the question of significance. in one particular area may not be awaee of the broader concerns affecting The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination Process has been orderly, comprehensive in nature.Yet flexible to allow introduction of intorrnation to fit a project or ar:tioa Full EAF Component= The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given data, it assists a reviewer in the anal g project and b site. By identifying basic project analysis that takes place in Parts 2'and 3. Part 2. Focuses on identifying the range of possible impacts that may occur fram_a guidance as to whether an impact is likely to be considered r whether t ioject or on. It provides Small occur moderate potentialhr large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actua4 important DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: L' Part 1 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropnatelan OPart 3 ot information, and considering both the magitude and importance of each impact, it is reasonably detelrmined by er 'the lead agency that A. The project will not result in anv large and important Impacts) and, therefore, �s one which will not — have a significant impact on the environment. therefore a negative dcdaration will be Prepared.- B. Although the project could have a significant effect on the environment. there will not be a significant effect for this Unlisted Action because the mitigation measures descnbed in PART 3 have been required. therefore a CONDITIONED negative declaration will be prepared.' C. The project may result in one or more large and important impacts that may have a significant impact ® A Conditioned Negative Declaration is only valid declaration Unlisted Actions u� Greenport Mall Name of Action -Name of lead Agency Ire - -= -Pfint or Type Name of Responsible Officer in lead Agency Title of Responsible Officer Signature of Responsible Officer in lead Agency Signature of Preparer(If different from responsible officer) rl�►. PART 1 - Pi OLIECT II TI(N " Prepared by Project Sponsor KITICE: This docunent is designed to assist in determining whether the action proposed any have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part approval and may be subject to further verification and revi w. the application for tional infon•ration you believe wi I 1 be needed to cerrplete Parts2 � 3.Provide any addi_ 1t is expected that ccnpletion of the full EAF w111 be dependent on 1 n forma t onrently available and will not involve new studies, research or investigation. If'infoNrma- tion requiring such additional work is unavailable, so indicate and specify each instance. MIE OF ACTION: Greenport Mall LO ATIM OF ALTICN: 280 North Road Greenport,N. Y. N*E b ACORESS OF APPL I CANT/ : 5 ►4 f2 N S 801 Motor Pk . Hauppauge,N.Y. BUS, Pf TE: 5g2-4000 SLFF:cLx axmY TAX IDENTIF1CATICN NLMBEt: 1000-34-2-1 DESCRIPTION OFACTIM To construct a 29, 000 S.F. Shopping Mall PLEASE (77vpLF-fE EACH 0lJE.ST I CN - INDICATE N/A IF IM APPL I CABIF: A. SITE DESCRI PTICN: Physical setting of overall project, both developed and undevelo ped areas. 1 . Present land use: / / Urban / / Industrial / / Ccmriercial / / Residential Suburban / / Rural (non-farm orest / / / Other / /(S cif Y) �' riculture) / IF Ag X � L��r�r o L,c,�.� . 2. Total crea /square footage of the project area (circle one) : 4- 7 APPFM IAAATE AFEA: P_WrLy AFTER mvPI.ET I CN Beach, Dune or Bluff Tidal Wetlands Freshwater Wetlands 1, Oak Forest _ Pine/Oak Forest Brush ------- 'Pasture or cropland Old Field ---_ Surface Water Roads, Buildings, InTxarvious Surfaces Other (Please specify) C�-r-.cre.ryg L, "o 'W.0 i s predami nan t so i I e(s) on project site? 4A v Y n r,A M a 2 a. _Sol I drainage: Well drained S`"``�k' 1 of site Moderately well drained I U a of site Poorly drained $ of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? L1 /a acres. (See 1 &NU R 370) . 4- Approximate percentage of proposed project site with slopes: 0-10% 10-15% 15% or greater S. Is project substantially contiguous to, or contain a building on the State or the National Registers of Historic Places? � site or district, listed ! Yes /x/ No 6. Is project subs-tantially contiguous to a site listed on the Register of National Land- marks? / / Yes 7. What is the depth of the water table? ( in feet) �. S. Is site located over a primary, principal , or sole source aquifer /A(/ Yes / / No 9. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes No 10. a. Does project site contain any species of plant or animal life that is identified as threatened or endangered? / / Yes No Identify each species b. %%fiat wildlife species have peen confirmed or would be expected to occur on site? ) -,r.,-c C. Do any rare, protected or species of special concern use this site? a d. Are there any rare or protected plants or unique plant carmnites present on site? f\ , 11 . Are there any unique or unusual land forms on the project site' ( i .e. cliffs, dunes, other geological formations) / / Yes / / No DESCRIBE: 12. Is the project site presently used by the carmnity or neighborhood as an n s recreation area? / / Yes / / No If yes, EXPLAIN: pace Pace or 13. ,Does the present site include scenic views known to be irTportant to the camunity? i i Yes />(/ No If yes, please describe: rearm within or contiguous to project area: N�, , a. Name of Stream and name of River to which it is tribuary: 15, Lakes, ponds, wetland areas within or contiguous to project area: 1�at� vs, b. Size ( In Acres) 1,6. Name of any Creek, 6tb, ;nt or Harbor within or cont igL to project area: n tar-��' 1 ea. a. Name of waterbody to which it is tributary: b. Width of Creek or waterway at project site: 17. Is the site served by existing public utilities? ,,�< No a. If Yes, does sufficient capacity exist to allow 1 Yes /connection?/ b. If Yes, will improvements be necessary to allow connection? Yes /off/ No 18. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCFR 617? / / Yes / / No 19. Has the site ever been used for the disposal of solid or hazardous wastes? / /Yes / WJ No / / wknown B. PF40J EC T DESCR I PT I CN: I . Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project s b. Project acreage to be developed: sponsor: , C. Project acreage to remain undevelo �4 acres initially; L_ ,! acres ultimately. ped . 3 acres. d. Length of project, in miles: N A ( If appropriate) e. If the project is an expansion, indicate percent of e parking xRansion Proposed to A %; f. Number of off-street Pa ng spaces ex i s t i rxg e> ; proposed 2a j • g• Maximum vehicular trips generated per hour 24po h. If residential : Nurber and t (upon C°rPletion of project)? type o f housing ny units: One Family Two Family Miltiple Family Condominium Initially: Ultimately: I . Dimensions ( in ft) of largest pr Lin. Ft. of frontage al oP05� structure H9t. ��width; 4..(� Lgth j . ng a public thoroughfare project will occupy is? L3 Pr. 2. How much natural material ( i .e. rock, earth, etc. ) will be removed from the site? n_tons/cubic yards 3. Will disturbed areas be reclaimed? Yes / / No / / MIA a• If yes, for what intended purpose is the site being reclaimed? LA►�n S b. Will topsoil be stockpiled for reclamation? /DC/ Yes / No c• ��iII upper subsoil be stockpiled for reclamation? /oC/ Yes / / No a. How many acres (square feet) of vegetation (trees, shrubs, ground covers) will be removed from: site? _acres (square feet) / / N.A. ' How many acres (square feet) of fertilizer-dependent vegetation is f Including lawn, trees and shrubs < proposed or site, is If single phase project. Anticipated period of construction e, months, ( including demo I f t Ion). 7. If multi-phased: A a. Total nurber o f/ 'hases anticipated (rxirber), b. Expected date of camnencement phase 1 month year, ( incl . demoit'ion) c. Approximate carpletion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? / / Yes / / No 8. No. of jobs generated: during construction 100 ; after project complete < N.A. { 9. Nurt)er of jobs eliminated by this project n / / N.A. ' 10.. WiII project require relocation of any projects or facilities? / / Yes /b<f/ No If i Yes, please explain: 11 . Is surface liquid waste disposal involved? / '. / Yes �/ No / I N.A. a. If yes, indicate type of waste (sewage, industrial , etc.) and amount ! b. Name of water body into which effluent will be discharged 12. Is subsurface liquid waste disposal involved? l l Yes / 1 NO 1 / N.A. Type 4 i rA a c�wo 1E I 13. Will surface area of an existing water body increase or decrease by r sal? Yes /,kl No / 1 N/A if yes, explain: p i i 14. Is project or any portion of project located in a 100 year flood plain? / /Yes /A('I No 15. Will the project generate solid waste? Yes / / No N.A. • a. If yes, what is the amount per month? 3 tons b. If yes, will an existing solid waste facility be used? ► "'! Yes / / No C. If yes, give Warne Location: { d. Will arry wastes not go into a sewage disposal system or into a sanitary landfill? Yes /,</ No e. If yes, EQ:ILAIN: 16. Will the project involve the disposal of solid waste? / 1 Yes W1 No / / N.A. a. If yes, what is the anticipated rate of disposal? tons/month b. If yes, what is the anticipated site life? years. I i 17. Will project use herbicides or pesticides? / / Yes b('/ No i / N.A. i 18. WiII project produce odors (more than one hour per day)? / / Yes /,V/ No N.A. '�'ai{Wk�ilt . Will project produce operating noise exceeding the local ambient noise levels? Yes No / / N.A. ! { 20. Will Project result in Increase in energy use? /�/ _� No • If yes, indicate Types] 1 ,� / / N.A. .21 . 1f water supply is from wells, Indicate purping capacity: _gallons/minute. 22. Total anticipated water usage per day: 2. bb gal Ions/day, <+ 23. Does project involve Local , State or Federal funding? / / Yes No yes, please 'LAIN: 24. Approvals Required: TOM, Village Board POYes / /No Type Su4mittal Date TOM. Vi I lage Planning Board /K'/Yes / /No Town Zoning Bca rd r� ��,"� �� >z va Canty Health /K/Yes / /No VQ�ianc.G Department /,C/Yes / /No Local Agencies ^17� < / /Yes / /No _ �Uor State Agencies 1 rww. , R,eg i ona I Agerx i es / /Yes /�/No /x/Yes / /� Federal Agencies --d� `�•S D a r / /Yes /No C. ZCNING AND PLWlIl`lG INI;CRVATICN 1 . Does proposed action involve a planning or zoning decision? /X/ Yes / / No If Yes, indicate decision required: / /Zon i r*G Amer>dnent / /Zoning Variance / /Special Use Permit / /Subdivision / /Site plan / /Nle/w/Revision of Land Use Plan / /Resource htnagamnt Plan /Other 2• Mat is the zoning classification(s) of the site? 3. what is the maximm potential develoRnent of the site if developed as permitted hY the present zoning? r 4. What is the Pam® zoning of the site? Ll 5• what is the max irnm Potential deve l opnen t of the site i f developed as Permitted by the Proposed zoning? 'n ' ?''0101 Is the proposed action consistent with the recarmended uses in local land use plans? / / Yes / / meted or recarrr�ended 7. Yihat are the predominant Iz use(s) and zoni radius of. proposed action? ng classificati within a 1/4 mile 14 �7 a. Is the Proposed action carpatible with adjoining/surrounding land uses within a 14 mile? � Yes / / No / 9, If the proposed action is the subdivision of land, how many lots are proposed? a• *lat is the minimum lot size proposed? 10• Will proposed action require any authorizations) for the formation of sewer or water districts? / / Yes /YI No / / N.A. 11 . Will the proposed action create a si gn demand fora ificant .nr any ca nit y provided servic- es (recreation, education, police, fire protection? / / Ye's U'/ No a. If yes, is existing capacity sufficient to handle projected demand? / / Yes / / No 12. Will the proposed action result in 'the generation of traffic significantly above present levels? / / Yes 1)( / No a. If yes, are existing roads adequate to handle the add' I , traffic? / / Yes ! / No D. I4TICNAL DETAILS Attach any additional information as rmy be needed to clarify y are or cra Your project. If there y be any adverse impacts associated with our i Y proposa , please discuss such impacts and the measures which you propose to mitigate or avoid them. • E. VERIFICATIal: I certify that Lila information provided above is true to the best of ffy knowledge. SOQjD M4IVS P4Rr N g Date. Name of Applicant/Sponsor Signature Title _ P Y1G�' S C �S��i S f the action is i t r-oastal Area, and you are a state agency, corplete the Coastal ssessment Forni be ore proceeding with this assessment. �;�gl��lpl III i4 i Part 2— )JECT IMPACTS AND THEIR A AMNITUDE Responsibility of lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks,that it be looked at further • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality; will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be 4ny imp-act. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. ` d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 , 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 . Will the proposed action result in a physical change to the project site? ONO DYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes ` ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table-is less than ❑ ❑ ❑Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ [3 Yes []No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ El Yes' 01No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑No • Construction in a designated floodway. ❑ ❑ []Yes []No ' �+�ih^)ap�• Other impacts ❑ ❑ []Yes ❑No E 2. Will there be an effect to any unique or unusual land forms found on the site?(i.e.. cliffs, dunes, geological formations, etc.)❑NO DYES •.Specific land forms: ❑ ❑ ❑Yes ❑No I i 2 3 IMPACT ON WATER Small to Potential Can Impact Be 3 Will proposed action affect any water body designated as protected? Moderate Large Mitigated By (Under Articles 15, 24, 25 of the Environmental-Conservation Law, ECL) Impact Impact Project Change Examples that would apply to column 2 GNO OYES • Developable area of site contains a protected water body. ❑ • Dredging more than 100 cubic yards of material from channel of a ❑ ❑Yes ONo anne protected stream. ❑ ❑ ❑Yes ONo • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. ' ❑ ❑Yes ON • Other impacts: ❑ ❑ ❑Yes ONO ❑ ❑ ❑Yes ONo 4. Will proposed action affect any non-protected existing or new body of water? ONO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ or more than a 10 acre increase or decrease. ❑ ❑Yes ONo • Construction of a body of water that exceeds 10 acres of surface area. ❑ • Other impacts: ❑ ❑Yes ONo ❑ ❑ ❑Yes ❑No 5 Will Proposed Action affect surface or groundwater quality or quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes []No ❑ ❑ ❑Yes ONo have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons ❑ ❑ ❑Yes ❑No g per minute pumping capacity. _ • Construction or operation causing any water contamination of a supply system. ❑ ❑ ❑Yes ONo • Proposed Action will adversely affect groundwater. • • Liquid effluent will be conveyed off the site to facilities which presently 0 El ❑Yes ONo do not exist or have inadequate capacity. ❑ ❑Yes ONo • Proposed Action would use water in excess of 20,000 gallons per day. ❑ ❑ []Yes ONo • Proposed Action will likely cause siltation or other discharge into an ❑ existing body of water to the extent that there will be an obvious visual ❑ ❑Yes ONo contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. El ❑ ❑Yes ONo • Proposed Action will allow residential uses in areas without water and/or sewer services. ❑ ❑ ❑Yes 0-No • Proposed Action locates commercial and/or industrial uses which may Cl require new or expansion of existing waste treatment and/or storage ❑ ❑Yes ONo facilities. H 'Other impacts: ❑ ❑ ❑Yes ONo 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ❑NO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. 0 1 0 ❑Yes '^No 1 2 g Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change I • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT'ON AIR 7. Will proposed action affect air quality? ONO OYES j Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No i refuse per hour. i • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ heat source producing more than 10 million BTU's per hour. ❑Yes ❑No • Proposed action will allow an increase in the amount of land committed C i to industrial use. ❑ Dyes. ❑No • Proposed action will allow an increase in the density of industrial 0. development within existing industrial areas. ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No I - IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered 1 species? ONO E]YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ list, using the site, over or near site or found on the site. ❑ ❑Yes ❑No • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes ❑No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. !. • Other impacts: 0 ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ El Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? i ONO OYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) / � 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of C agricultural land. ❑ ❑Yes ❑No • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more C ❑ ❑Yes ❑No than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ land management systems (e.g., subsurface drain lines, outlet ditches, ❑ ❑Yes ❑No strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? ONO DYES . (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether C ❑ ❑Yes No man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ aesthetic resources which will eliminate or significantly reduce their ❑Yes CNo enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant C ❑ screening of scenic views known to be important to the area. ❑Yes LE No • Other impacts: ❑ r1 —+ Dyes CNo IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES • 12. Will Proposed Action impact-any site or structure of historic, pre- historic or paleontological importance? LINO DYES Examples that would apply to column 2 ' • Proposed Action occurring wholly or partially within or substantially ❑ ❑ contiguous to any facility or site listed on the State or National Register ❑Yes CNo of historic places_ • Any impact to an archaeological site or fossil bed located within the ❑ project site. 0 ❑Yes ❑No • Proposed Action will occur in an area designated as sensitive for ❑ archaeological sites on the NYS Site Inventory. ❑ ❑Yes CNo • Other impacts: 0. El Yes CNo IMPACT ON OPEN SPACE AND RECREATION Will Proposed Action affect the quantity or quality of existing or ` ._.�,. future open spaces or recreational op portunities? Examples that would apply to column 2 ONO DYES • The permanent foreclosure of a future recreational opportunity. ❑ • A major reduction of an open space important to the community. ❑ ❑ ❑Yes CNo • Other impacts: ❑ ❑Yes CNo 0 ❑ ❑Yes CNo IMPACT Ok .—ANSPORTATION 1 3 trans systems? to Potential Can Impact Be 14 Will there be an effect to existing portation s stems? Moderate Large Mitigated By ONO DYES Impact Impact Project Change Examples that would apply to column .2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑No • Proposed .Action will result in major traffic problems. ❑ ❑ • Other impacts: ❑Yes ❑No ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO OYES Examples that would apply to column 2 • Proposed Action will cause a greater than S% increase in !':e use of ❑ ❑ any form of energy in the municipality. ❑Yes ❑No • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes ❑No transmission or supply system to serve more than 50 single or two family , residences or to serve a major commercial or industrial use. i • Other impacts: ❑ Q. ❑Yes No i ! NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes �No facility. • Odors will occur routinely (more than one hour per day). C ❑ ❑Yes []No • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Cl nYes ❑No • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: '' ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ONO DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ substances(i.e. oil, pesticides, chemicals, radiation, etc.)in the event of ❑ ❑Yes []No accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed :Action may result in the burial of "hazardous wastes" in any ❑ ❑ form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, []Yes ❑No infectious. etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No i gas or other flammable liquids. —7-9 Proposed action may result in the excavation or other disturbance ❑ within 2.000 feet of a site used for the disposal of solid or hazardous ❑ ❑Yes ONO waste. • Other impacts: ❑ ❑ ❑Yes ❑No � • Y IMPACT ON GROG AND CHARACTER 2 3 OF COMMUNITY OR NEIGHBORHOOD Smail to Potential Can Impact Be 18 Will proposed action affect the character of the existing community? Moderate Large Mitigated By ' GNO OYES Impact Impact Protect Change Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ project is located is likely to grow by more than 5%. ❑Yes ❑No • The municipal budget for capital expenditures or operating services ❑ ❑ will increase bv more than 5% per year as a result of this project. I]Yes ❑No • Proposed action will conflict with officially adopted plans or goals. ❑ • Proposed action will cause a change in the density of land use. ❑ ❑Yes ❑No � Cl ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ or areas of historic importance to the community. ❑Yes ❑No • Development will create a demand for additional community services ❑ ❑ (e.g. schools, police and fire, etc.) ❑Yes ❑No • Proposed Action will set an important precedent for future projects. C • Proposed Action will create or eliminate employment. ❑ ❑Yes ❑No ❑�--=--- ❑ []Yes ❑No • Other impacts: ❑ ❑ . ❑Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO AYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impacts) is considered to be potentially large, even if the impacts) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals ).NP1,f0l • Whether known objections to the project relate to this impact. ' _! „(Continue on attachments) r �f i 1 JOHN C.TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS April 12, 1990 4-019 2 SCOTT ZAMEK � 7APR 3 1W Gerard P. Goehringer, Chairman _ Board of Appeals TOWN OF SOUTHOLD 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Jordan' s Partners Variance Dear Mr. Goehringer: I am in receipt of your letter dated April 3 , 1990 requesting that the above referenced applicant complete a Long Environmental Form in connection with its application. However, no such form was provided for this purpose. So that I may be able to timely comply with your request, I respectfully ask that you supply a long form for my use. If there will be a problem in providing me with this form, please advise me of same. Additionally, I have been advised by Doreen, the secretary of the Board, that the tentative recessed date of April 19, 1990 has been postponed to some time in May. Please confirm this with my office so that I may verify that there will be no need for Jordan' s Partners to appear on the 19th. Thank you for your cooperation. Very truly yours, John C. Tsunis, Esq. BY• . COT E , SQ. SZ/krs KRS/8-SZ Misc. : GOEHRNGR 804 MOTOR PARKWAY •HAUPPAUGE,LONG ISLAND,NEW YORK 11788 9 TELEPHONE 516-582-4000 • FAX:516-582-4256 JOHN C.TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS April 12, 1990 � 2 Owls 2 SCOTT ZAMEK (5 V l5 EAR. fl Gerard P. Goehringer, Chairman Board of Appeals TOWN OF SOUTHOLD 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Jordan' s Partners Variance Dear Mr. Goehringer: I am in receipt of your letter dated April 3, 1990 requesting that the above referenced applicant complete a Long Environmental Form in connection with its application. However, no such form was provided for this purpose. So that I may be able to timely comply with your request, I respectfully ask that you supply a long form for my use. If there will be a problem in providing me with this form, please advise me of same. Additionally, I have been advised by Doreen, the secretary of the Board, that the tentative recessed date of April 19, 1990 has been postponed to some time in May. Please confirm this with my office so that I may verify that there will be no need for Jordan' s Partners to appear on the 19th. Thank you for your cooperation. Very truly yours, John C. Tsunis, Esq. BY: COT E , SQ. SZ/krs KRS/8-SZ Misc. : GOEHRNGR 801 MOTOR PARKWAY• HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000 •FAX:516-582-4256 APPEALS BOARD MEMBERS , k F SCOTT L. HARRIS i Supervisor Gerard P. Goehringer, Chairman , Charles Grigonis, Jr. ,` Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 April 3, 1990 Mr. John Tsunis 801 Motor Parkway Hauppauge, NY 11788 RE: Greenport Commons Variance By an unanimous vote of the Board of Appeals at our Special Meeting on March 29, 1990, we are requesting that you kindly furnish this Board with a Long Environmental Form regarding the Application of Jordan' s Partners, Appl. No. 3915. We respectfully request that you provide us with this information (LEF) on or. before April 30, 1990. Thank you for your cooperation in this matter. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN GPG/df row - sUbF,c,� P8 9 1990 � EXcuslo STATE OF NEW YORK _ DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KUZLOSKI FRANKLIN E. WHITE REGIONAL DIRECTOR COMMISSIONER April 4, 1990 Ms. Valerie Scopaz Town Planner Town of Southold Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Ms. Scopaz: Our Case # 89-229 The Breakers @ Land's End Route 25, Town of Southold Your March 28, 1990 Letter Our review of the subject plans is being coordinated by Mr. James Lentini ` of my staff. The developer's present proposal includes upgrading of the traffic signal at Route 25 and County Road 48 from a flashing device to three color operation. We are still awaiting the developer's $120,000 bond for this work but have been assured that we will receive it in the near future. If you have any questions, kindly contact Mr. Lentini at (516) 360-6020. Thank you for your cooperation. Very truly you , ; T. C. H MAN Region raffic Engineer TCH:JL:BT AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER try F �FJ a �'�• _"L Town Hall, 53095 Main Road ' ' � ` '� SCOTT L. HARRIS 1 y P.O. Box 1179 Supervisor Southold, New York Fax (516) 765-1823 11971 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 28, 1990 ...; Michael J. Cuddy Regional Director Department of Transportation Veterans Memorial Highway Hauppauge, NY 11788 RE: Intersection at State Road 25 and County Route 48 and Main Street, Greenport Dear Mr. Cuddy: A copy of your June 27,. 1988 letter to Assemblyman Joseph Sawicki, Jr. regarding the above-referenced intersection was brought to the Planning Board' s attention on March 16, 1990. As you may be aware, the "Breakers at Lands End" project has received site approvals from the Town Planning Board and curb cut approvals from the State Department of Transportation. However, this office has not received any documentation as to whether the developer in question has been bonded for improvements to the traffic signal as noted in your letter. It would be appreciated if the status of the traffic signal' s upgrade and supporting documentation could be made available for our records. Page 2 Michael J. Cuddy Thank you for your assistance. Very truly yours, Valerie Scopaz Town Planner for Bennett Orlowski, Jr. Chairman Encl. cc: Judith T. Terry, Town Clerk James Dinizio, Jr. , Zoning Board of Appeals Joseph Sawicki, Jr. , Assemblyman • t , t1• THE ASSEMBLY STATE OF NEW YORK et9ta¢ ALBANY JOSEPH SAWICKI, JR. ALBANY OFFICE PIT ASSEMBLY DISTRICT ROOM 721 LEGISLATIVE OFFICE BUILDING RANKING MEMBER _ ALBANY, NEW YORK 12248 COMMITTEE ON (5I8)455-5294 ETHICS AND GUIDANCE DISTRICT OFFICE COMMITTEES 1380 ROANOKE AVENUE AGING RIVERHEAD, NEW YORK 11901 AGRICULTURE (S16)727-1363 TRANSPORTATION jI July 12, 1988 PPP t [ ft Ll , Ms. Joan Dinizio Sound Road p rt New York 11944 Green o , €'-%,�fr�iJ�- Dear Joan: Enclosed is a copy of the response which I have finally received from the Regional Director for Long Island of the New York State Department of Transportation regarding the intersection at Porky's Restaurant. Then, as a follow-up, I am writing again to Mr. Michael Cuddy inquiring as to when their field engineers and inspectors performed their investigation. I am curious to know whether they, in fact, studied this intersection during the busy times of the year. I know that this is not all that we had expected, but it certainly is a step in the right direction. Please call me at anytime should you have additional concerns and ideas. Sincerely, JOSEPH SAWICKI, JR. Member of the Assembly JS:tf Enclosure l� y CASSOILIMBLYMASM r 1 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. 11788 MICHAEL J. CUDDY FRANKLIN E. WHITE REGIONAL DIRECTOR COMMISSIONER June 27, 1988 Honorable Joseph Sawicki, Jr. Member of the Assembly 1380 Roanoke Avenue Riverhead, NY 11901 Dear Mr. Sawicki: Route 25 at CR48 and Main Street, Greenport Our September 8, 1987 Letter Your August 26, 1987 and September 30, 1987 Letters This reply will address the safety and operational concerns at the subject intersection which includes the subsequent three color traffic signal request to Mr. T. C. Hoffman. Our 1985 project at this intersection, improved the drainage, provided for pavement resurfacing, channelized turning movements and upgraded" the signing. These improvements, along with the existing flashing traffic signal at the intersection, were intended to address safety and operational problems previously indentified at this intersection. The investigation requested showed that a three color traffic signal would not improve traffic operations at this time. Our investigation considered the frequency and conditions surrounding accidents occurring at the intersection, the number of pedestrians- and vehicles that pass through the intersection, and the delays they encounter while attempting to enter this intersection safely. We found very few accidents occurred at the intersection and no pattern of accidents that a signal would have prevented. Installation of traffic signals that do not meet minimum requirements can cause increased traffic congestion and a rise in the frequency of accidents. Field observations showed Sound Road traffic to be very light. Vehicles traveling north from Main Street to Sound Road did have room to proceed to the middle of the roadway before making a left turn to Sound Road and we did not see any operational difficulties associated with this movement. We will install a warning sign for northbound traffic on Main Street, Route 25 that would indicate the intersection of Sound Road. Because of your concerns, we asked for and received a revised Traffic Impact Study for "The Breakers at Lands End" , a large condominium subdivision with a group of retail stores which will enter Route 25 approximately 1200 feet east of the Main Street intersection. This study showed additional traffic from the development would have an - impact on the Route 25 - Main Street/CR48 Honorable Joseph Sawicki, Jr. June 27, 1988 Page 2 intersection and the present flashing signal should then be converted to a three color, semiactuated signal with a left turn arrow for westbound to southbound left turning traffic. This matter will be pursued by us and the town as plans for "The Breakers at Lands End are finalized. The developer will be responsible for improvements to the traffic signal. We also evaluated the speed on CR48, which enters the intersection from the west, with the Town and State Police. A 45 MPH speed limit has been established on CR48 from Moore Lane to Main Street. This is consistent with the 45 MPH speed limit on Route 25 east of the intersection, and addresses your concerns of traffic speeding through the intersection from west to east. We appreciate your concerns for the safety of the public and thank you for bringing these matters to our attention. Very truly yours, MICHAEt J. CUD Y Regional Director cc: Mrs. Judith Terry, Southold Town Clerk c '.+� ' APPEALS BOARD MEMBERS !�..r �.1 SCOTT L. HARRIS Supervisor Gerard P. Goehnnger, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, York 11971 Fax (5116)6) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 y Valerie Scopaz, Town Planner FROM: Zoning Board of Appealsc DATE: March 28, 1990 RE: Traffic Reports In regarding ordan` s Partner Breakers Lands End and Aliano, we are requestin mation received by your office concerning traffic studies done on these parcels. We would also like any environmental aspects done on Aliano. Since we have as of recent date, received applications on Jordan` s Partners and Aliano, we are requesting any communications affecting. these three parcels on or before April 16, 1990. Thank you for your cooperation. ZBA/df Edwin Fishel Tuccio LrrTN%D REAL EsrAiE BRom } 1 _ Eft] ' 547 East Main Street 66 Riverhead New York 11901 Efl1 110 .Do (516)727-6644 Est2NWwd 1897 " May 29, 1990 . STATE - OF NEW YORK ) Be: COUNTY OF SUFFOLK ) EDWIN FISHEL TUCCIO, being duly sworn, deposes and says: That I am a . licensed real estate broker, License No. 157561 issued by the State of New York, residing at Roanoke Avenue, Riverhead, New York, with offices at 547 East Main Street, River- . head, and Pequash and Main Road in Cutchogue. That I have successfully completed Course 1 of Real Estate' Ap- praicers and. am a former graduate of the Suffolk County Realty Institute. I received a Bachelor of Arts Degree in business from Long Island University at Southampton, New York. I am a licensed business instructor duly licensed by the State, of New York, member of the Eastern Federation of Real Estate Boards, the New York State Society of Real Estate Appraisers, and the National Association of Realtors. I " have been actively engaged and have been a broker in sales of over ninety million ($90,000,000.00) dollars in volume of real estate in the County of Suffolk, consisting of residential , commercial and industrial properties. I have extensive experi- ence in appraising lands for the Town of Riverhead H.U.D. pro- gram, as well as extensive appraisal work for private individuals and firms in Riverhead, Southold, Southampton and Brookhaven Towns. This report is prepared to furnish as a guide as to the sale price that the property should command if exposed for sale on the open market on the date of this appraisal . . Y DEFINITION OF. MARKET VALUE The estimated price in terms of money which a property will bring if exposed for sale in the open market, allowing reasonable time to find a purchaser who buys with knowledge of all the uses to which the property is 'adopted and for which it is capable of being used. HIGHEST AND BEST USE It is the opinion of the appraiser that the subject property as. found on the date of inspection was improved in accordance with the principle of highest and best use. By highest and best use it is meant that the program of land use or employment which will preserve the utility of the land and yield a net income flow that forms when capitalized. THE CAPITALIZATION PROCESS This analysis presumes that the property will be resold at some future date, at a price which is agreeable to buyer and seller, with the highest possible mortgage amount and the lowest possible interest rate. The rate of return on the equity position is normally higher than the mortgage rate, and reflects the other possible investments, in stocks, bonds, U.S. Government securities and such possible investments whose posture and stature may be readily checked in the financial pages. Also considered is the potential increase or decrease in -value of the property in normal holding period at the time of resale. CERTIFICATE OF VALUE The undersigned does hereby certify that, except as otherwise noted in the appraisal report: 1. I have no present or contemplated interest in the real estate that is the . subject of this report. 2. I have no personal interest or bias in respect to the subject matter of the report or the parties involved. 3. To the best of my knowledge and belief, the statements of facts contained in the report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. 4 . This appraisal report sets forth all of the limiting condi- tions affecting the analysis, opinions and conclusions contained in this report. SUMMARY AND CONCLUSION The only relevant approach to valuation for the subject property is the market data or direct sale comparison approach, a process whereby sales of comparable properties are researched, analyzed, and related to the subject to indicate an estimate of fair market value. The appraiser has also made a study of sales of comparable prop- erties in a competitive and informed market, with consideration given to the characteristics of the parcels sold and adjustments made where necessary for time, location, topography, size, and other factors affecting marketability or price. In researching the records for available data, the appraiser has discussed the market with local brokers, municipal authorities and real estate appraisers. I have personally inspected the property hereinafter described and I have no personal interest, present or future, direct or indirect, in said property which might influence or affect my judgement regarding the fair market value, and I further state that the market data approach was used to establish the fair market value set forth herein. -The property was appraised as if the property was free and clear of all liens and encumbrances. Market value as applied in this report is the price at which a willing seller would sell and a willing buyer would buy. My employment in and compensation' for making this appraisal are in no way contingent upon the value reported and, as noted above, I have no financial interest of any kind in the subject premises. The subject premises presently exis s. This appraisal is based on the market value of said property s his with no munici- pal objections. Ed in Fishel Tuccio Sworn to before me this :50 day of May, 1990 NOTARY PUBLIC ` NADIA MOORE Notary Public,State of New York No.4891294 �) Clualified in Suffolk County Commission Expires April 27, 19— APPRAISAL PROBLEM The subject property is an irregular shaped parcel of Residential/Office zoned land, being 4.7 + acres in size, located in a mixed residential/commercial area in Greenport. The appraisal problem is to estimate the highest and best use of the subject property if it were for residential use only. The appraiser has conducted a market study for the purpose of finding sales of comparably vacant residential parcels to estimate the subject's market value.. v t SUBJECT PROPERTY DATA OWNER: Jordan's Partners & Pantelis Papazoglou 801 Motor Parkway Hauppauge, New York ' SUFFOLK CO. TAX MAP NO. : 1000-34-2-1 DEED: Filed in the Suffolk County Clerk' s Office on March 10, 1989 in Liber 10814 Pg 149 (see attached deed for property description data) LOCATION: Southwest corner of State Route 25 and Main Street, Greenport, Town of Southold, Suffolk County, State of New York LOT SIZE: 4.69 acres ZONING: Residential/Office, Town of Southold AREA TRENDS: Market values are reflective of downward trends. TOPOGRAPHY: The subject is level on adjoining street grade. The soil and drainage conditions are good. UTILITIES: Municipal water, private drainage and sewer systems ., SUBJECT PROPERTY LOCATION . s 00 16. IS ,. ' .♦ ♦`� \ yam.. \ \�` •i • \\• :`'r+ / •' � /�1 ,•• ,p '�. 40 .. ,`� � ♦ `\ \ • •�� .+` \.. i•a ..' \• Leo, '%\�•�. \ \. - `` • '' s-' 'p!� •� •• ,y \ s. \fie'. . '. 'i. •� tip 'QP ,e �. � - •S O�S. ♦'l•,IN K \\ •,^ •\ 4 to 1.0 lop y .. • ,�. \ G'r � AR:.�� •, i by' o.'� eL,r 2 wee'• ? \ or /,•''SS. IMI\W eRAtn1 QMSR.ISr. ALL P"FEATtn ///�\\ - • •• QG� JAM'• ARE WITRIM TIE FOLLOWING DISTRICTS. .sit\ . + '3CR1teL' b SEtCR - PINE ■TOMA41 e7MS6f Of LIStIi EATER . PANE QrulE' Qp30.146.if 1• . Legend Revisions KEY MAP C—tr Lim F',..D;-,o L,•• ---F•-- MtAr.,r d•w+n Lim--.M•—_ L".,uw L.t 1N. 1341 1 '.'�./• ,:+i" 1 I.—Lim M.Dawn L,m --.e--_ R•A,w D,•rin Lim 0.4 Di.wt+m 67 7 L97_fl 1 — ell ele 1� ����� ,Di.win Lim — 3 /s7Jit----�, —.L-�- 91wA Ma O 7.d.l Dinw•iw 6Y• OAO �• 031 SCALE ix FEET r+Oq.Lim L+ DIwA Li" ►A Dirsin Lim —.P--. P—W llr 73 D.W bw 17AIn • • /e74 10 ki Di•rM Lim _ l...D1•wn Li- �7��. _.7_—_ l.M:w•:w elwAll.. - RIl Cdnlw.A bw 17►Iel 61 lilt �6�IPpRr ' �Slh,tiil"•d000 I AX:tilt,41.4256 ,I — — — — — — — — — — — — - - MAY-29-90 TUE 16 :03 TSU1,41S OCIATES INC. p_ 02 '•• •• •`` bdnA�rd N Y.II.T.11.Term$00241/111—Hoo--Mrrnln end Melr Ilrrd,alll,Co.rnsel rltgnnt lirnnter'r Aele—ledl•Idne1 Air eorpeMllnn•Wnoh•mr—, CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD at USED BY LAWYERS ONLY. rlr'''r 10814 PL149 . fit,,,- THiS INDENTURE,made tiro / day of February ,nfucleen hundred and (, Y ef.ghty—Wino BETWEEN JORDAN'S PARK PLACE, 1,11). ' 801 Motor Parkway, Hauppuu;,u, New York (2/3 interest) anti ' PANTELIS PAPA'/,004,011 C/o 801 Motor Parkw;ty, flaupipauge, New York (1/3 interest) party of the first part,and JORDAN'S PARTNERS 801 Motor Parkway, Hauppauge, New York (2/3 interest) and PANTFLIS PAPAW)GLOU C/o 801 Motor Parkway, Hauppauge, New York (1/3 interest) larty,of ilia second part, WITNESSETH,that the party of ilia first part,in consideration of Tell Dollars and other valuable consideration to-till by the party of the Aecorld part,does hereby grant and release unto rile party of the second part,(lie heirs or successors and assigns of Ilia party of the second part forever, AU.That certain plot,piece or parcel of Met, with the buildings*feel improvements thereat erected, situate, lying and being Wits at Southold, County of; Suffolk, Town of Southold and State of: New York, bounded and described as follows:' 81WINNING, at the norLlterly and of, a line which connects the easterly Fide of Main Street with tills souLher.l,y side of North Road and from said point of beginning; running thence North 74 degroos 08 m.i.nutes 00 seconds Fast along the southerly ai.do of North'Read 498.74 feet to land now or formerly of Davids; thence along r said last—mentioned land Gail .land of. Zovits, Angevine, Thilbarg and Critchlow, South 33 degrees 37 minutee'20 seconds EAst 343.07 feet to land now or formerly of Flatley; thence along said last—mentioned Lanai aril )•anti of Moore, Begley and Stavoh, South 74 degrees 33 minutes 30 seconds West 194.18 root; thence alollg the westerly side of said land now or formerly of Stavolt. South 26 degrees 26 minutes 10 secunds PHsL164.64 feet to the northerly side of Knapp Place; thence South 72 degrees 43 minutes 40 seconds West, along the northorly side of Knapp reltneto 79.97 flat to land flow or forl•lnrty ter Green; thence North 20 deB+'aa4 23 minutes 40 seconds West along said lost—mentioned land 167.24 feet; thence still along said lnat—mentioned land of Green and *tariffs of others south .74 degrees 33 minutes 30 seconds West 352.65 feat to Life easterly side or Main Street; thence along the easterly side of Main Street North 25 degrees 25 minutes 20 seconds 3 4`Ee West 236.36 feet; thence along the aforesaid line which connects the southerly ,n, 1 side of North Road with the easterly aide of Main Street North 19 degrees 25 ` e minutes 40 seconds r•,aat 109.04 feet to the southerly side or North Road at the p point or place of. BEGINNING. Sass Being and intended to he the same premises conveyed to the parties of the first 3 _ part herein by deed dated February 18, 1988. TAX MAP 18'.SIGNA'nQN 111d, 1000 7.00.Irri I Ult with all right,title*lid interest,if any,of ilia party of lite first ,+art lie and to arty streets and rends nbulling the above described premises to the caller lines there l;'YOGI A I t lilt with the a 1purtenaticeI M•. O 34.0 sold all Ilia estate need rights of the party of tile Rret part in and in Said Iretnises; TO IIAVIb AND TO 1101,I)the prendlies herein granted unto the party of the second purl,ilia 11cirs or successors and assigns of tilt, U2,00 Ilia party of the second part forever. I,al,)! 061,019AND Ills party of the first part covenants that ilia party of the first part has not done or suffered anything whereby tilt Said preniscs leave been encumbered in any way whatever,except as aforesaid. AND Ilse party of the first part,in compliance with Section 13 of the Lien tAw,covenants that the party of the first part will receive Ile consfderatial for tills conveyance and will hold the right to receive such consid• cration as a trust fund to be applied first for tits purpose of paying ilia cost of the hnprovenlent and will apply Ilse same first to live luynlent.of the cost or the improvement before using any part of the total of the same for ally other purpose. The word"Ifarty"slwll be construed as if it read"ladies"whenever the seise of this Indenture so requires, IN WITNESS WHEREOF,the party M the first part has dul executed till deed'dla day and year first above written. ;' �y^ fill rsassuoa OF: $itkt lid ,ORDAN'S PARK PLACE, LTD. o. r� F y _ (LIAR 11) 1989 ` Bit - - ..._—.._... In1t un .a rls�rsi •►w tl{till�,'1lK n C. d POAnt PRP0008111vi — — — — — — — — — — — — _ _ _ _ _ _ 94wY-2"—lo Tug 10'e04 Tau" " ASSOCIATES I"C ON arAra W NAM a VIII►,WY.,1 r V. Sul•!'ULK .. •..... . . ' gtxln live 15711 day of February 19 e9 , beforti im On the day of 19 , before me j�r�so ally conk personally ewe PAN77{LIS PAPA20GLOU t to me knew• Is be the individual described in and who to me known to be the individual described in and who "awed the f oing Instrument, and acknowledged tint executed Iles f dug instrument. and acknowledged that � � ame. executed the acme. 00 I=DIM ` IAfAA1'Neti4 ShRr e1 No Ye1A i Me.524e94049,SuBall Teal fspxlt APM 20,11 STAfe Of New TOM Coe""0/SUPPOLK ea' IVA"Oil N[W TORK,COU@#Vy Os all On the ISM day of February 1989 ,befom me. On the day of f9 , before me personally cattle Jphn C,. Taunus pertonathy came to me known,who,being y me du r sworn,did depose and file subscribing witness to the foregoing instrument, with. say that he resides at No. 801 Motor Parkway whom I am personally segnainted, who, being by me duly 11euPpetipler New York 11788 1 sworn,did depose and say tint he resides at No. J that he is the President Of JORDAN'S PARK PLACH, LTp that be km ' die owa eorporstion described iR and which executed the foregoing Instrument; that he to be the Indivldnol knowa pa seal of old corporation; that the local affixed described in And who executed the foregoing Inslromentl to said instrument is such corporate •cal; that It was on 'lost he, aid subscribing witness, was pre/enl novel saw Mixed by order of the board of directors of sold eorpors• exeenle rive same;and that love,•alit*lines$, 'ion,and that he signed his name thereto by like order, st the same lime subscribed h name as witness thereto. RM ZAMEQ I>bNA1Mf/ul l tt Slott e1 NN TNA No.52-4894049.Su"Cp Tela[specs April 20, X*Vfn ant Ade meet VH1111 CVVrNANr/11;A1N11'CaANItMt Ana 34 ' ft,Nos 3 7a Acc o M BLOM 2 ORDAN'S PARK PLACE, LTD. and Lor 1 cau ANTELIS PAPA20GLOU, NrT oa Town Suffolk TAR a161.INn ADDRUll 801 Motor Parkway ' 7!p Heuppouple, N.Y. 11788 ORDAN'S PARTNERS and I ANTELIS PAPAZOGLOU rbeetm M nvquwl of The roe dasnlxee camp" 21111VRN IT MAIL TO, ! nsxssl!s assl ev ow eeae sa,a a nova tw,anwprin SCUT 2AME1C, LSQ. °fNr#i r h 801 Motor Parkway TMG GUARANTGG• Hauppauge, New York 11789 NGW YORK A TXM MW MISURANM COMPANY t =N ft Pete • :Ir�u:� ^i71hm I COMPARABLE SALES 1 . Damarest to Draskoski Tax Map No. 1000-34-3-4 Sold August 18, 1989 for $62,500 Lot size: 660 x 1330 Location: Knapp Place, Greenport 2. Latham to Major Assocs. Tax Map No. 1000-26-2-42 Sold July 28, 1989 for $400,000 Lot size: 13.90 acres ($28,000 per acre ) Location: King Street, Orient 3. Shalney to Dubner Tax Map No. 1000-84-1-8 Sold March 10, 1989 for $390,000 Lot size: 23.90 acres ($16,300 per acre) Location: Middle Road, Peconic 4 . Mohring Enterprises to Bisset Tax Map No. 1000-113-7-19.2 Sold March 10, 1989 for $990,000 Lot size: 40 acres ($24,750 per acre) Location: Cox Neck Road, Mattituck d PARA t ",#�f�! . too Its yM gyp. • { M\ %J% �. �\'►,• �� !A'�" t. /���</mot 10 ol IF NP 401 11000, `� 's. `• \• `• Al lop ••,r STD t.• • `'� 4• , 0 's. � to N'QQ ,t f*' •t O VA 10 ; �;e \ o,,• •\ t t , L t• ,� \ .\"`<+�.. ,•i `''� ,,•i•M • \\ \\ Qom, '• A • • ' 01 e \ Z• �. •' •j t. .o \\,,, �\ ,` ••• •„ \\ \ •Af' ' ,:eves \•d 10 10.1 ol r� anon awn erwesflsF• ALL FsanATln •: yi pG� 'r' rw• " ARC nrNW TUC FOLleflno 015TSSOTs +i SO F se.IOOL p srf[R nAC 31 nTOAA"r • uwr •r OArrm nsarM.a rAsa Arrest Legend Revisions KEY AA► --- Fi»a.wia L.,,. --.a_—. 11T•.n a,"i"L:..--'M'-- S►•,i.:.n L.e.. i w 1 ,,�.,� 1/f,i I © CC _�_ rw.a.w:..u.. _—•+_-- 1e.m..o...+»u.._ a.—_ D..f 0;—,- 7 100 0 100 I [ 7� Real PrOi —�� Ll�n Dl.Merliw --.�.—_ OIwY 11.. Q2 °<del Dl.wu.. °�•< /f7J�V e.e �• SCALE IN FEET /•..p.Alerlw —.�_—_ ►...I 10► 77 MINI A— 17Atf1 � � /f76'10 ri AGr R)) e.1-1.M A— 17A I<I a�nam -�-- --•3--- src�.1..el.<s w e ,<-- 17 -- � of R a LINE Foe tomm.NO. 011! KC KC.I°o.029•044I1.3, COMPARABLX--.`#2� "A 48 40 ' S 41 b 47•S .. 2.74141 " .TT •e.wld 43.2 .. - 44 45 42 Ise•141 � I�3 4e Le•14I �• y : se.l L2•Ie1 4. •♦ � � � v gr O � 7 �• i . s "mejor g ! !0 Pyn/ t2 27 ••,1 tl• ,tom Rp I1 r nyoo ?� (go.) TD�N OF SOUTHOLD SECTIOM NO. Revisions [E7""F © COUNTY OF SUFFOLK N.% ..i.:v • ,:, i �.. . —"_ Real Property Tax Service Agency 1,IL-AGEOF 026 ffilL,,a t77* ° on r—��SC-- 0000 ass lots x.0 IN FEET County Center gfrtiR No. A, /976 io osf Riverhead, L.I.,New York D.wdG�•1.,.. PROPERTY MP i LWUSs Maur OTefurfE. AEI /RO•Errms ARC •note TIES PfLL01INA 919TAICTA: NOTICE 'ftr1AK fJ RKR rAa.rtrArtE AL11001 r;.24 OwoLa�• 69 n wn ..•. . . ., LMW KM 'MTC• wM°rr "Ir[r.EAwasvr Or 1NE '.. .. PiI1R •A REPrfC At., PMK.l 0. Y•<KE YIRI . E►A _�, 4l.�L..� \� IMTCN_�._Loom + r••rcw PON PAR=1* \ colt PARCEL ft SEE we to o11-01-wff +. `` SEE SEGO.OYS-WO" h� 4 0 "a4 .� •j •ti �it 10 +O OVf. rt - +a •/f a!a4/•, • • i JT J ♦ 4/fj f� _ 0 S FOR PARCEL No' SEE SEC.NO 09K-02'012 t ZfiIC_^ MATGW — OLML SEE SEC.Is !f Legend KEY AAP cc __...__ --- SW.o<.w La IM. q1� --� •..D+<•1<,L1.. __:.._. R.I...D.•<rL.M_—.R._. no ° :DO _.d Re( --� Urb OI.M.r Ll. —_.L--• Ol.d.r► O 1 S..IdD.—M. 63, On 044 loss SCALE IN FEET-- ' P<A 01.M0 U-. —_.►_-- Ps«I M. is D-d A— .17A 1A1 OSA S.-.r 01060 L'+.• .—.s-__ SuAi.•.•..91<A N. Rtl C.1-I..d Arw 12AW - ' ' O N \\ N 1A� •� \• y i MµCN Of •-- i 40 t / �.• ;� POT i I s b �a %I a !• + . 's• i s. t��La, 6 , \bra ► 1 r '\i\` ;i�r .� � . .d .i ,a\ 7. ,d ^I•1 Z ,1 ail ��` � •\ 4111 t „�1,r'• �\ '\ �., M ,� ' �' CC�SI':P"A`F�A'BT,E°'�#`4� � •�,r`f J��� , �\ ` r` � a�a� 1 r�01 �: o i.+ 1 �'� *• .. 1 1s ► �z :.• 101 l I ' � .•: M•• 1 f. �• C+.,i, d �� i ` ` t 1t; ,� � ICI Y i ' }'� w• z i so.l Ala) *•� At'� \\ • a� . S •. Aid S''l No. 14 •` 12 • 4` ••i •�• 11 Q. Pp1 PARCEL Ra .161 y ••' 1t POO PARCEL PM p 1. . .. - SEE SEC.Raw 1 •i. q s 1.4A !rE 30.1 A la► , kit k pas w uAt.l ..e toi+ • MI ! * I.lAkl d, 1s.2A •!A l+1 .. s.•A to l .• ; • °+• ISO) • _ ••� • LIA 1 •1A •\ SUBJECT COMP. #1 COMP. #2 _ COMP. #3 _ COMP #4 Tax Map No. 1000-34-2-1 1000-34-3-4 1000-26-2-42 1000-84-1-8 1000-113-7-19.2 Date of Sale 8/89 7/89 3/89 . 3/89 Location Greenport Greenport Orient Peconic Mattituck Selling Price $62,500 $400,000 $390,000 $990,000 Lot Size 4.69 ac. 66' x 133' 13.9 ac. 23.9 ac. 40 ac-.- Price/acre $62,600 $28,000 $16,300 $24,750 (-28*) (+30$) (+40%) (+35%) Net Adjustments $45,000 $36,400 $23,000 $33,350 Indicated Value $45,000 Per Lot r i t: i MARKET SALES APPROACH Comparable # 1, which is residential , sold on August 18, 1989 for $62,500. This sale would be reflective of market value to the subject if the subject was used for residential purposes. Comparables #k2, 3, and 4 were large tract sales that are not subdivided, but indicates a price per acre value for acreage of 2 acres ,or more. It is in the appraiser's opinion that the land value for the subject property, based on one acre lots each would be $45,000 per lot. z I E . FINAL VALUE ESTIMATE Comparable #1, which is located just south of the subject property, sold for $62,500. The appraiser feels that this parcel is the most reflective of market value of the subject but has adjusted downward for location. Comparable #1, which is located on Knapp Place, is off the Main Road and is more desirable for residential use, i .e. less traffic, noise and privacy. Comparables #2, 3, and 4 are all large tracts of land in which the appraiser made adjustments for subdivision approval , lot fees, road cuts and drainage. Based on a declining real estate market, residential lots are in great supply with less demand due to the economy and property taxes. It is in the appraiser's opinion that the market value per lot of $45,000 would give the subject property a value of . . . 4.69 acres x $45,000 = $211,000 based on a 5 lot minor subdivision. If the Town only allows 4 lots. . . $180,000. CLIENTS Teddy Cohn 1666 79th Street Causeway The Center Building Miami Beach, Florida Cruiser & Hill , esq. 206 Roanoke Avenue Riverhead, N.Y . 11901 IRS East Main Street Riverhead, N.Y. 11901 Anthony Conforti 611 East Main Street Riverhead , N.Y . 11901 Rafte & Corrigan 747 East Main Street Riverhead, N.Y. 11901 Scheinberg , Schneps, DePetris & DePetris 1 Union Square Aquebogue, N.Y . 11931 Suffolk County National Bank 2nd Street Riverhead, N.Y . 11901 North Fork Bank & Trust Main Road Mattituck, N.Y. 11952 Town of Riverhead 200 Howell Avenue Riverhead , N.Y. 11901 Grumman Aerospace Swan Lake Road Calverton, N.Y. 11933 First American Title 210 Court Street Riverhead, N.Y. 11901 Federal Land Bank Route 58 Riverhead , N.Y. 11901 Twomey, Latham, Shea & Kelley 33 West 2nd Steet Riverhead , N.Y. 11901 James Schondebard , esq. 206 Griffing Avenue Riverhead, N.Y. 11901 McNulty & DiPietro East Main Street Riverhead, N.Y. 11901 Town of Southold Main Road Southold, N.Y. 11971 Arnoff & Czygier Main Street Riverhead , N.Y. 11901 North Fork Preserve Sound Avenue Jamesport, N .Y. 11947 Riverhead Pistol & Rifle Club Deep Hole Road Calverton, N.Y. 11933 John Serpico , esq. 186 Joralemon Street Brooklyn, N.Y. 11201 Gregory Blass, esq. Court Street Riverhead , N.Y . 11901 It P, ;N. 0 D .I. L D Southold, N.Y. 11971 1516) 765-1938 June 25, 1986 Mr. Robert Gruber ARchitect 476 Espressway Drive, So Medford, NY 11763 RE: 280 North Road Dear Mr. Gruber: The following action was taken by the Southold Town Planning Board, Monday; June 23, 1986. RESOLVED that the Southold Town Planning Board approve the site plan for 280 North Road for construction of office and retail complex located at Main Street. and North Road, Greenport, survey dated as revised June 17, 1986, tax map no. 1000-34-2-1, subject to: 1. Receipt of a curb cut permit from the NYS Department of Public Works. 2. Removal of the term "parcel two" from the residential land owned ,by the applicant. The Board does not want it to be construed that this has beE!n subdivided. Upon receipt of the curb cut permit and amended surveys eliminating the term "parcel two", the Chairman will endorse the surveys. Please contact this office if you have any questions. Very truly yours, - Lccu�-L, BENNETT ORLOWSKI, JR. , CHAIRMO � SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department -7?0 d" THE ASSEMBLY STATE OF NEW YORK ngo. ALBANY JOSEPH SAWICKI, JR. ALBANY OFFICE 197 ASSEMBLY DISTRICT ROOM 721 LEGISLATIVE OFFICE BUILDING RANKING MEMBER ALBANY, NEW YORK 12248 COMMITTEE ON (518)455-5294 ETHICS AND GUIDANCE DISTRICT OFFICE COMMITTEES 1380 ROANOKE AVENUE AGING RIVERHEAD, NEW YORK 11901 AGRICULTURE (516)727-1363 TRANSPORTATION July 12, 1988 Ms. Joan Dinizio Sound Road Greenport, New York 11944 Dear Joan: Enclosed is a copy of the response which I have finally received from the Regional Director for ]Gong Island of the New York State Department of Transportation regarding the intersection at Porky's Restaurant. Then, as_ a follow-up, I am writing again to Mr. Michael Cuddy inquiring as to when their field engineers and inspectors performed their investigation. I am curious to know whether they, in fact, studied this intersection during the busy times of the year. I know that this is not all that we: had, expected, but it certainly is a step in the right direction„ Please call me at anytime should you have additional concerns and ideas. Sincerely, JOSEPH SAWICKI, JR. Member of the Assembly JS:tf Enclosure RECEiUIECy 'h•�1 �.:.. 'Jury 2 STATE OF NEW YORK LPFn DEPARTMENT OF TRANSPORTATION N Skl'u1C � VETERANS MEMORIAL HIGHWAY HAUPPAUGE. N.Y. 11768 MICHAEL J. CUDDY FRANKLIN E. WHITE REGIONAL DIRECTOR COMMISSIONER June 27, 1988 Honorable Joseph Sawicki, Jr. Member of the Assembly 1380 Roanoke Avenue Riverhead, NY 11901 Dear Mr. Sawicki: Route 25 at CR48 and Main Street, Greenport Our September 8, 1987 Letter Your August 26, 1987 and September 30, 1987 Letters , This reply will address the safety and operational concerns at the subject intersection which includes the subsequent three color traffic signal request to Mr. T. C. Hoffman. Our 1985 project at this intersection, improved the drainage, provided for pavement resurfacing, channelized turning movements and upgraded . the signing. These improvements, along with the existing flashing traffic signal at the intersection, were intended to address safety and operational problems previously indentified at this intersection. The investigation requested showed that a .three color traffic signal would not improve traffic operations at this time. Our investigation considered the frequency and conditions surrounding accidents occurring at the intersection, the number of pedestrians- and vehicles that pass through the intersection, and the delays they encounter while attempting to enter this intersection safely. We found very few accidents occurred at the intersection and no pattern of accidents that a signal would have prevented. Installation of traffic signals that do not meet minimum requirements can cause increased traffic congestion and a rise in the frequency of accidents. Field observations showed Sound Road traffic to be very light. Vehicles traveling north from Main Street to Sound Road did have room to proceed to the middle of the roadway before making a left turn to Sound Road and we did not see any operational difficulties associated with this movement. We will install a warning sign for northbound .traffic on Main Street, Route 25 that would indicate the intersection of Sound Road. Because of your concerns, we asked for and received a revised Traffic Impact Study for "The Breakers at Lands End" , a large condominium subdivision with a group of retail stores which will enter Route 25 approximately 1200 feet east of the Main Street intersection. This study showed additional traffic from the development would have an impact on the Route 25 — Main Street/CR48 2 Honorable Joseph Sawicki, Jr. June 27, 1988 Page 2 intersection and the present flashing signal should then be converted to a three color, semiactuated signal with a left turn arrow for westbound to southbound left turning traffic. This matter will be pursued by us and the town as plans for "The Breakers at Lands End"' are finalized. The developer will be responsible for improvements to the traffic signal,, We also evaluated the speed on CR48, which enters the intersection from the west, with the Town and State Police. A 45 MPH speed limit has been established on CR48 from Moore Lane to Main Street. This is consistent with the 45 MPH speed limit on Route 25 east of the intersection, and addresses your concerns of traffic speeding through the intersection from west to east. We appreciate your concerns for the safety of the public: and thank you for - bringing these matters to our attention. Very truly yours,. ' MICHAEL J. CUD Y Regional Director cc: Mrs. Judith Terry, Southold Town Clerk - I j - I ,4./.9 i.tr v°!b$"!R�@> tax� .�,;'F 3?s Y S., ,,3.; `S• �."'d'°�"?s`�i�o :"�'"�i j? 'i":s...,�,N,�ei" ?.rk°k"' '7+�,'�"r`. `�' "f: ,-g"�•.�.n tiq;,. ;`.+y"°q�s: _ A:¢•x>.�r se.`�� k- � 't .. •y, \ H,s. .{ .,. Ste, �. $,. `f 31-F Ty^'9'' w i :+•;� oA �Y �r"i0�•'4-`y ✓«* � ,3< .`lwv 4s '�b r`��f s�i•6;b�k 4 )- kn i' Q t�7 Y.,1f;tf K A h��,`3 I '',.,b .�' Sv k 4 �- .f S. �2 w� ..�� , �� t ` i,'�' 12 LONG ISLAND &J, App re �� rt iY11 fL� eal. By Mitchell Freedman site of the shopping center was a top A proposed shopping center just out- +' . priority "because of the inappropriate- P p PP g ness. . .we hoped it would be changed side Greenport Village—which"would from the veryonset of the rocess."g become the easternmost major shop- The town changed the zoning of the ping center on the-North Fork — has in an effort to limit develop- ment fallen into a legal limbo. property P- While the foundation has been mentoftheareaandpreservemoreopen ace. Town officials have repeatedly � s poured for the 29,000-square-foot P P Y Greenport Commons shopping center, - `'' said keeping open space is vital to pre= it is being constructed in an area zoned serving the character of Southold, a Wn for residential use. -�`"` V � � town whose year-round population is 01 And,while the Southold Town build- � � less than 22,000 people. ing department originally had issued a x Ingeborg Flynn, a real estate broker buildin ermit for the$27million sho 1 ' for 20 years,said that even if the build- ping center—which is strongly opposed a ing department made a mistake in issu by merchants in the village—the town ing a permit,"I fail to see where an error later ordered the work stopped. r m on the part of the building department The developer,John Tsunis went be- overrides the zoning ordinance." She fore Southold s zoning board of appeals said Tsunis was attempting an end run Thursday night, asking for permission around the zoning ordinance." to complete his shopping center. The lwoo ��x �* `""` � Another issue yet to be resolved-is board voted to adjourn the hearing for N � `a W whether the proposed shopping center a month, until the matter can be re- f would have a significant environmental viewed by the town attorney. 2x impact.The developer claims no signifi- The shopping center is one of several cant environmental changes would be projects blocked by rezonings that fol- - caused because of the shopping center, lowed the town's master plan review. and the town planning board currently The land — about four acres on the Newsday/Daniel Goodrich is reviewing its records to see if any en- south side of Main Road and Main A stop-work order posted at the site of the proposed mall vironmental determination was made Street—originally was zoned for com- on the project. mercial use but was rezoned for one acre of residen- His firm is seeking relief from the town's zoning Gerard Goehringer, chairman of the Southold zon- tial and residential-office use in January, 1989.. code to allow the shopping center to be completed, ing board of appeals,said his agency would eventually Tsunis, whose firm purchased the land for arguing that the new zoning would reduce the value have to make a determination on the shopping cen- $590,000 in February, 1988, told the planning board of the land to no more than$150,000,while the shop- ter's impact on traffic, the existing community, and that he had all the required permits to begin con- ping center would be worth$2.4 million. other aspects of environmental impact. struction except one permit that would have allowed Norman Gerber,the independent planning consul- Tsunis ran into a similar environmental problem him to use village water. Tsunis said the village op- tant for Brookhaven Town who appeared on behalf of two years ago on his 194,550-square-foot Sunshine posed his efforts to dig his own well and finally al- Tsunis, said that"what is being asked for is nothing Mall,which was built on 25 acres in Medford. lowed him to use the village water supply after the _more than what was approved by the Town of South- In 1986, then-Brookhaven Town Planning Com- rezoning was put in place. old"before the rezoning. missioner Vincent Donnelly ruled that the mall would . The village building department also issued a permit More than 40 Greenport-area residents opposed the have no significant environmental impact because the for the project,and Tsunis said the foundation footings appeal,with several of them saying the planned shop- construction was taking place on a farm field on an were poured and work was stopped in November,1989, ping center would harm existing stores in the busi- underused county road. only after the village filed a stop-work order. ness district and destroy the character of the area. But local residents said the traffic the mall would Tsunis had experts testify to the zoning board of Joseph Townsend, a former Greenport mayor and create was the proper subject of an environmental appeals that, at that point, an additional $225,000 former Southold Town Board member,told the zoning review, and took the town to court. Ultimately, an had been spent for engineering, design and construc- board of appeals that he worked on the town's master environmental review was done by the builder after tion work. . plan review from the beginning,and that rezoning the the mall was 80 percent to 90 percent completed. Edwin Fishel Tucdo uco r b REAL.Bsrm BRoKER 547 Fast Main Street Riverhead, New York 11901 Nl 1 : Ill] DO (516)727-66" nn STATE OF .NEW YORK ) March 14, 1990 as: COUNTY OF SUFFOLK ) EDWIN FISHEL TUCCIO, being duly sworn, deposes and says: That I am a licensed real estate broker^, Li.cense No. 157561 issued by the State of New York, residing at Roanoke Avenue, Riverhead, New York, with offices at 547 East Main Street, River- head, and Pequash and Main Road in Cutchogue. That I have successfully completed Course 1 of Real Estate Ap- praisers and am a former graduate of the Suffolk County Realty Institute. I received a Bachelor of Arts Degree in business from Long Island University at Southampton, New York.. I am a licensed business instructor duly licensed by the State of New York, member of the Eastern Federation of Real Estate Boards, the 'New. York State Society of Real Estate Appraisers, and the National Association of Realtors. I have been actively engaged and have been a broker in sales of over ninety million ($90,000,000.00) dollars in , volume of real estate in the County of Suffolk,• consiifting of residential , commercial and industrial properties. I have extensive experi- ence . in appraising lands for the Town of Riverhead -H.U.D. pro- gram, . as well as extensive appraisal work :ror private individuals and firms in Riverhead, Southold, S u and Brookhaven Towns. Ed. in Fishel Tu cio Sworn to before me this day of March, 1990 "'4 r NOTARY PUBLIC r I Southold Town Zoning Board o:P Appeals March 15, 1990 8:20 P.M. RE: Application of Use Variance for Greenport Commons Main Rd. , Greenport, New York The purpose of my testimony is to establish to the Zoning Board that if a use variance is not granted to the petitioner, it will create a tremendous economic hardship. There are different types of scenarios that affect the value of this property. For example, before the town upzoned to RO (residential/office ) , the property was purchased with the inten- tions fora retail shopping center (29,000 square feet) . With this type of approval , the value of vacant land with an approved site plan could be worth up to $850,000 to $950,000. Under the current zoning (now RO) , only 3 or 4 lots would be allowed on this property. Even if this were allowed by the Town, what average person would want to purchase a vacant lot and build a home that close' to the Main Road? It is in my opinion that each lot would only sell for $25,000 to $30,000 each. If this were the case, the petitioner would only realize at the most $120,000. !Lou must remember, they paid $590,000 for this parcel . Another scenario is residential/office. Currently, there is no demand for office space in the Town of :3outhold. I doubt very much that the Town wants to make the same mistake as Riverhead has done, and that is approving more office space than needed. Currently in Riverhead, we have around 250,,000 square feet of vacant office space that is unheard of in the real estate indus- try! If this Board does not approve the ut.e variance, it may be o promoting more office space. One thing that I think you should be aware of is when such a high vacancy exilsts in a town such as Riverhead, most landlords are able to have their assessments reduced because of a vacancy factor. When real estate investors grieve their taxes and are reduced by the Town, they lose a large chunk of our tax base when overbuilt. The bottom line is that the only way t► reasonable return can be realized for this property is to develop it as what it was zoned - for business use. The tax benefits: are far . greater to the Town if it is built as a retail shopping center versus residential/office. On a final note, I think it is in the best interest of the Town as well as our client to grant the use! variance and allow this project to realize its full potential ., i PERGOLIS + (l SWARTZ; INC. 29 WEST 35TH STREET • NEW YORK, NEW YORK 10001 /212-947-1313 FAX 212-629-6592 GREENPOINT COMMONS INCOME. AND EXPENSES INCOME Alex Poon 1870 s . f. $28,050 Shop With Us 3300 s . f. 44 ,550 McCrory ' s 8000 s .f. 72, 800 To Be Leased 15 . 830 s . f. @$14 221 , 620 Gross Income 367 ,020 Less vacancy and rent loss (14,710 ) Effective Gross Income 352, 310 OPERATING EXPENSES Structural Repairs $ 2,900 Management 10 ,600 Total Expenses 13 ,500 NET OPERATING INCOME $338 ,810 Assume financing 10 1/2% 30 years . 75 x . 11 = .0825 . 25 x .08 = .0200 Financing Cap Rate . 1025% Estimated value $3 , 300,000 x . 75 Loan .based on asset value $2,475,000 Loan based on debt service coverage $2,565,000 Maximum loan $2,475,000 ($85 . 34/s . f. ) All information furnished regarding property for sale,rental or financing is frorn sources deemed reliable. No representation is made as to the accuracy thereof and it is submitted subject to errors,omissions, change or price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice. REAL ESTATE FINANCING — INVESTMENT SALES �o7cl�rin.o Pa�,�e� PERGOLIS SWARTZ' INC. 29 WEST 35TH STREET • NEW YORK, NEW YORK 10001 /212-947--1313 FAX 212-629-6592 GREENPOINT COMMONS INCOME. AND EXPENSES INCOME Alex Poon 1870 s . f. $28,050 Shop With Us 3300 s.f. 44,550 McCrory ' s 8000 s.f. 72,800 To Be Leased 15 . 830 s. f. @$14 221 , 620 Gross Income 0 02, Less Vacancy and rent loss ( 36736702) Effective Gross Income 352, 310 OPERATING EXPENSES Structural Repairs $ 2,900 Management 10 ,600 Total Expenses 13 ,500 NET OPERATING INCOME $338,810 Assume financing 10 1/2% 30 years . 75 x .11 = .0825 .25 x .08 = .0200 Financing Cap Rate .1025% Estimated value $3 , 300,000 x . 75 Loan based on asset value $2, 475,000 Loan based on debt service coverage $2,.565,000 Maximum loan $2,475,000 ($85 . 34/s . f. ) All information furnished regarding property for sale,rental or financing is from sources deemed reliable. No representation is made as to the accuracy thereof and it is submitted subject to errors,omissions, change or price,rental or other conditions,prior sale,lease or financing,or withdrawal without notice. REAL ESTATE FINANCING - INVESTMENT SALES Town of Southold Board of Appeals Main Road Southold, N.Y. 11971 Re: Jordan's Partners Dear Members of the Board: This letter is being written with mixed feelings in regards to the proposed construction project. While it is understandable that a business expects a return on investment, it is difficult to comprehend why a business person would expend a large amount of cap,111tal at a time of weak economy in an area where there are many business store fronts vacant ( ie. Sterlington Commons, Victorian Village, Kontakosta's storefront ). Perhaps there are other reasons which the general public is unaware of, but in the minds of many local people this project appears to be 5 or 10 years premature. Another area of unkept vacant stores with broken or boarded up windows and trash blowing in the breeze is not desirable. The traffic problems have not diminished and the new traffic pattern at the intersection of routes 48 and 25 is worse than ever. Add to this a traffic flow due to retail shops in operation and there may be a hazardous situation to the general public. It is hoped that this has been thoroughly researched and considered. This is no question that the thoughts of noise pollution become apparent. A retail shop operation requires truck deliveries at all hours of the day and night. Depending on the type of retail shop, it is possible to have store hours around the clock and perhaps not the most desirable clientele inhabiting an area adjacent to residential homes. It is not uncommon for business people and investors who are not residents to do whatever it takes to proceed with their project to accomplish a bottom line. Sometime it is done without regards to how it effects the local inhabitants who will live with the situation for many years. Please consider these concerns before approving the project which can have so much influence on us, Sincerely, all r V Al ice Green March 9 , 1990 HAND DELIVERED TSUNIS ASSOCIA' 11a' „INN, ZONING BOARD of APPEALS Town of Southold Main Road - State Route 25 Southold , New York 11971 Attn : Doreen Re : Jordan ' s Partners Dear Doreen : Enclosed please find photographs of the pro- posed "Greenport Commons" located at the inter- section of Main Road and Main Street in Greenport . Sincerely , Stuart Kramer SK/sg Enclosure JOHN C.TSUNIS CEO 801 MOTOR PARKWAY HAUPPAUGE,LONG ISLAND NEW YORK 11788 516-582-4000 FAX:516-582-4256 �/r C-?�C— P41, March 1, 1990 Mr. & Mrs. William Kart 611 Bailey Avenue Greenport, New York 11944 Re: Greenport Commons Greenport, New York Dear Mr. & Mrs. Kart: TSUNIS. I received your letter addressed to the Southold Town Board of Appeals dated February 28 , 1990 . I am sorry that you are experiencing a "con- tinue flow of garbage into your yard" . This is in- deed the first time I have been apprised of this situation and you may rest assured that a barrier fence is immediately installed. As a home owner and attorney, I am most sensi- tive to ones ' quest for privacy and quiet enjoy- ment, and I will see to it that you are not pro- vided- with "some relief" , _but complete relief from this nuisance. It is my earnest desire to build a most aes- thetically pleasing building to be called Greenport Commons, which would not only provide necessary and. convenient services and products to the greater Greenport area, but will also be a .compatible and sinsitive neighbor. Should you wish, I would be happy to meet with you to discuss these plans and would seek to accomodate any and all reasonable concerns that you,:may have concerning this property. Thank you for your kind attention. `r y my you , Joh C. Tsuni JOHN C.TSUNIS CEO JCT/krs 801 MOTOR PARKWAY cc: Southold Town Board App als HAUPPAUGE,LONG ISLAND NEW YORK 11788 516-582-4000 FAX:516-582-4256 `/ APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr.Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHR GER CHAIRMAN dff Y, �1 + ��3`•t"� 1 't��r� f xd:t t.. � .i �' ,t c r-• -���{'.i�+' F?I^ �y�.i� Llt-�L�2��}ky�[�7 Zt", y4%� � rRJ�• T HA-. rt '�J F� r' x • w .�,{rsr!gc �u y,-. {Et r s i-F,#�d ��4 1+ P'f'�t. �`x r rt{F •r. Imm, t x.:.0 tv �S\ "t ai tr!` b��F a�`'�`�rai. "54�1°'�+` 4 ": �•Fa ��7�' c.; Anl �R4ys;5`�L 17'bk Ci 4 1� 3 p v tL� � F F g `� r r ,/.a/+d L4 DnJ..nh f•w+u•r//,/rw L+/nr,N/Mt/-•IaJn�Y/4 M C,.".liaa.IM.N~1 ti. .,-.....: �-.'.�,.,,.... COtMrIT TO�a aAttlTla NpU aNMIMgOtltlf tM1RYYa1R•?Mlf IltfTtYYlIrT SHOYta N Yf1I�lIT t,At>NIRs OMIT r sue'•...'.� ,n Aril ,nindee+I hundred and eighty j ?c. ;., RE,mark the a day of P "ti;'. THIS INDENW iron, having , . •,x'' BETWEEN �CRA�1D--L�QN--40Ny . a'Delaware corPosatPsrk. County y s;..an office at 100 Broadway, in the Borough of-Elnnsood R-Amf -Bar geo..-Skate of .New Jersey-D7407. 4attyof the first Pon.0d POTIC 11PtAKIS,, residing at 88-27 •Ransom Street, _ Qu at 420 eens Village, ew YorY. .11427t �O�E M"'"ZO5, resid.IS9PAPAEOG�.OM _ . i;Mest 24th Street, New York, New ork 10011= and PANTEI� - ;5 sasiding at-62-26 235th Street, Bollecross Manor;Now York 11427s ;7ai��r•=.�y t 'party..I the second Part. that the party of cite fir St part,in consideration of ten dollars and other valuable ter+t _•y if by the party of the second part,does hereby grant and release unto the party of the second part, ' part forever, a successors and assigns of the Party of the second pa 1:. ot, or of land,with the buildin and improytrnenb thereat erected situate, pace }, .ALL that certain QI_. 5 �e1 �s == tie outho3.d County th a bu'l lk and State of New her and i and being ht bung more particularly described in Schedu!. 'A' att:�ehed hereto i• Wand made a part hereof. . a7�•.64te). _ .. _Y07 w Ya E �;N �+�,•1 iX{}' ii� if {!•'/`$�C,P�. 3� (. ` ,� yw k--,v3:� r1�rx v `� tC!)�^r`�Crl � lfdl.y"•+'��X T716 �.4�t M'{ Gi, ! �t d�i-v. r.r • ��r ri!r't1gSF'�A1Fl� Vn -'SYtt`� F+�"'9t,, ,7,wlr'{ wt d e kila , t�lpir•" f1(1r3 13 be�arE A. l.n� h - la rf yy1,, 4 r -i.£i yvr. ,iLf, .'fsx Al ,r}y /fytcVa. YLf £yy'�7lCe t 4 �S rl �yy,I fF^�,S Y % �Sj <A '1- , ,•', J.7• k t �."•Y, 5 \ 's ' L1 a�'.f .• 'hry 1y.�3, "+! t �' a°t T, �F f ,X•��,f.�,,� t�/1.,.lYa� �'.0"�- C '4 "`r ,' ti(. Ql iL1��, ,Fj•1 �1{I r ! itt .� -•` rt r0 t�3L•r' ,'. iyiC w�; e t ✓ ;..� •y 5? r+ !tr W�Yl"ra yr`3 1' tp, t d,' a + .Je,� �' n•>I.1�4t31 i♦ . � +. 11 g .d :SN t ;-L 1t 4"_ ti1;b'Gy�41,f^,' � v aC ry S, t Y y + , M4 ti r. 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"'� �n4�.5 yr . {r c. 11', 4 - , �`a .z A �4.�d 'Y S.{ M .. 1"n -'t;.,` J"t%�4 �' a ,D S'C •§P:�4 1 J 97 t�9 w :� Jos{ >• t , ALL that certain plot, piece or parcel of land situate, Q �:c i, lvinn anti t•,rina at Southold, County of Suffolk and State of New A York, bounded and described as followst.. r " ' REGINNING at the Northerlv end of a line which connects ! the easterl-,p side of Main Street with the Southerly side of North �. , Road and from said point of beginning running thence North 74 + > E dearees OR minutes 00 seconds Fast along the southerly side of „North Road 498.74 feet to land now or formerly of navids= thence along said last mentioned land and land of Zevits, Anaevine, , Thilherg and Critchlowol'South_.33 degrees:.371-minntes.:20 seconds Fast 341.O7 f.et-to land now.or formerly of FlatlevT 'thpnce along. r ;said last-rmentioned land and land of. Moosv+, Begley and Stavoh, rtt ; South 74' --rierrrees 31 minutes 30-3econds West 194.18 feed thence- " alonn the--weiterly side of said"land now or formerly of-Stavoh South 26. detrrees 26 minutes In seconds East 164.64 feet-to the S` nor•therlq fide of JCnanm Place; thence South 72 degrees 43 minutes • ! 4n seconds west, along the--northerly side of Knapp Place, 79.97 feet to land now or formerly of Greens thence- North 26 degrees 23 minutes 40 seconds West alone said last mentioned land 167.24 a - feet; thence still along said last-rgentioned land of Green and lands of others South 74 dearees 33 minutes 30 seconds West 352.65 feet to the easterly We of Main Street= thence, alona the easterly side of Hain Street, North 25 .degrees 25 minutes i ' 2r' seconds west 236.36 feet= thence a'ona the aforesaid line which �a, c iconnects the Southerly g1de of North Road with the Easterly sine of main Street, `�torth 19 degrees 25 minutes 40 seconds East 109.04 x zt feet to the southerly side of North Road at the point or place of grri%Jt,JINr:. 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"^ ,� 3S`.e1. , t$. f':°= '3i� x ,�tfi J:t r !' -Y ,„ {'s'�t r'7'� b �^"t- R. 3 •f� . 'b_.t � � � z" t.r dtk s f � {># s•�y�, t^".t" rz<b J� ,�.rd fF k-. tr y iii' Cz 4 K " '�.* r-'�• Yct ?k5 °6 '�"� t r };.- i rha �j,�ay;'�� tst �.a';*c �?`� � ,:.,�"psi," x�• �'KP t5'tfd,!'�nl;.,? `�' a.�� T•r 1Za s N is . -`27.>►�3ti ;. /� s 2:` 1 ae�tJv 4L.1' ', ;• RE.C&NLD REAL ESTATE t'r MAy 21 1982 � -TRANSFER Ep Tex SUFFOLK w <w1} + t,tine and interest,if any,of the party of tha first part in and to any streets and TOGETHER with all right. +r°s f torads abutting the above desen'bed premises to the centre lines thereof:TOGETHER'TO HAV with the a rtenatteH + a k tied all the estate and raftts of the party of the firstpart in and rt, he said irs successors and AND f 4. 'try HOLD the premises herein granted unto the partyof the second pa .>�• ,1M party of the second Part forev.r. %. ..r AND the party of the first part covenants that the party of the Ent part has rid done or suffered anything nb ¢ wAereby the said premises have been encumberevl in any way whatever.except as aforesaid the party of the first part.in compliance with Sr.'tson 13 of the Lien Lave,covenants that the party of first part will receive the consideration for this conveyance and will hold the right to receive d% cronsi Y kdw `t r "j.entice as a trust fund to be applied first for the purpose of paying the cost of the improve+eent and mill appl t f tC� ayK.eanK.lrcst.to the paymem,oi the-rasa of-the.irtiproyemenl before using any part of the taW of.the same for any other purpose, ; L` .::Tlte wad"party" shall be construed as if it read"patties"wheneverthe sense of this indenturo so requires. } s y: >,'`y+ `, wF� .1he party of the best part has duly ettetvted this deed the day and year first above s 'written, MMWCI or: IA TESTt THE GRAND UN � ltt7 V� !�f• -- �S J I IV y LO l rM00 •`�- �' #Assistant Secretary Vice President ^ .�� � •yf � 4f t µ ' � e� �` d � f�F,say; �� r ' � �., a `s� �'� l'•�n u zl' .'SS"t �^ x, e •i%� tt ��� �tx�,��g�aj.. b �qy, y t�. � a: .ug• s5t t+K �r } r fd`^ r n 4�E t R7 qr7 /.+€, r�lt�(tii .�k•(y{�J ,, {i . i '�. f i f tip a i:.da'�} -.S"� Y'�y` "°t lnaay(-<r .'+ti•J'y �` ..pI,S ` .A ��.' �. r 1 kE F..rt ,t J �•g�}+�zis �J 's ^ fty ttG stcR � i t� r: .Ey�4k{tr 4a rii ( `t tvW i}.. tJ' t �E} '�1, z r t tt r py`it h r F 1 r l 1t F ! el ¢ 'p•G. �S frF+l+tat' Ni,.i.t ✓. 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If" t•��sir �N +tti y Yr-w• + '� y E 47 i .?"tci!k••'`.ta +!i �,. i�',SItYI "(t•,1 ih�.`S°`•,f" _ ��N.� �•'r�iu+f�i MIP e�'`, ref Erx{ rL9 Via;;SL M�i.� ���q�'Ek�,���t�•_ �+?rf; ♦ �7yrt.•' e�it x* e Sf��Z'''r a ���! .ua�5, rf�tlpt:.h'rrYc 4y, y. e+t'S`a�tiRb • ��"s•f�l�s��kf���� y q 11��•>afp ri irr,r'{� "S i�. �. �✓ti t t;,s�l,h yt i.'S~Wr is G r p rfs t i.: t l t�;�'t1*1r 4 5Y ^rt�T j tt 4A�rj.y> {a�tL"r�Aa` A-tti] T`r,�'!, �i��,•+�t rY•' �f it °•w 1� W��riffr�aJ �i: tr?�rs�� '' !nt i!} vA'7%: • `'i ° d""��jyt"�i6 hb•t' 1,0 p y T111. f t � it. I"�swifL�r�• • Aii�1F 1�1�+4 !Na y�S•A t�J `ae f: �,y�Jrt: r• li''l'�+'rT.' >.nY."/ f,ria`�a..itt+ �t s r�tt��Mlit my a� / Ii,yi c ti 5 t! 'N. w t 'r js_ fp j yASfvd. 5°S Se .y ,t i y'i rtz�m"a"•� +1�^y�.. 1i y"�;�,r��`,,f,�ff+??'t��w};'• VrT III tii,lt�s4�.i 1t.4 i to ' s7'.ni r�titl+w• tt t}i•4 !� S .ai+yhi rS/�iiA'Ii. t+c a � 7. ,3a a 1 n t''ak,,t,i iai•k q,.s��i"• •! t'•r+{ 7 �5cc J ath� y, '7 i Id {��I,. et ld t �,t7 y 7 't y�f .f• t .S L'a.• � _ S.r•, >. a• 'T! y �, .t 'gi a _� ..: _ ,9 ; P. x,li` r�,. r r,, t+ .`i i *° •t a"t..!. �; !x tr wi f•4• THENCE alonq the easterly side of Main Street North 25 degrees 2S 2 r•� ,6 �:f�t minutes 20 seconds west 36.36 feett ss1 THENCE alr'tg the a!oro*eid line wh4. ich connects the southerly side of North Poad with the easterly side of Main Street North 19 degrees 25 ,sx minutes 40 seconds Eaat 109.04 feat to the southerly aids of North Road at tSee point or place of RLGINNING. „•_' , /i��f',c'4`� /I 6'irE' nil aa no .4�% !/��/.! TOGEniER with all right,title and interest of the mortgagor in and to the law!lying in the stre.ts and roads in front of and adjoining said premiss; TOGETHER with all rixtum.chattels and articles of 1 property new or bemfter attach !to or used _ Y' in connection with said premises, including but not united to !uroaces,boilers,ail burners, ndistin and `•r• - piping, coal stokers, plumbing and bathroom fixtures, refrigeration,air conditioning and sprinkler systems, ` ;`,"15J wash tubs.sinks.gin and electric fixtures,stoves,ranges,awnings,screens,window shades,clevatum.motor; dynamos. refrigerators, kitchen abinets,-incinerators.-plants-and shrubbery=and all other egrtifmmt'1111"I !4 machinery;wpoliances,fittings,and fixtures of every kind in or used in the operation of the buildings standing j)-.-aa sai-:•premises,together with any and all rep! erments thereof and additions thereto; `TOGETHER with all awards heretofore and hereafter trade to the mortgagor for taking by rsnirhe:rt domain i the whole or any part of said premises or any easement therein,including any awards for changes of grade of -streets,which said a enrols arc hereby assigned to the mortgagee,who is bereby authorised beoilect and retr,vt iti.r '• `-`�x`':i` :' j' the proceeds of suet: awards and to give proper receipts and acquhttarres therefor, and t•r apply the same 3 " toward the payment of the mortgage debt.notwithstanding the fact that the arnuuM owirg ehereea may oot then be due and payable:and the said mortgagor hereby a�rrm upon rrgttest,to mike.taecarte and rsdive� any and all assignments and other instru instruments suf xmht for the purpose of ass�g�+rng maid awards to the mort- a. y Ragm. free,^tar and discharged of any encumbrances of any kind or nature whatsoever. v e AND the mortgVor cosvnanto with the elortgagee as follmv: A. 1. That the mortgagor,will fay the indebtedness as herrinbefore provided. 2. That the mortgagor will keep the buildings on the premises insured aga:mst loss bf fire ice the bead «' Ate` of the nxutgagee;that he will a sign and deliver the policies to&..e mortgagee;and that fie will rei the -; 1! mortgagee for any premiums paid for insurance nude by the mortgagee or the mortgagor's default in so our- �' + '. .'.�. ing the bmildmgs or in so assigning and delivering the polices. \ 3. That to builhng an the prernisa shall be altered, removed or demolished without the consent of the Y 4. That:he w•hok of said principal sum and inteo shall became due at the option of the mortgagee:after c' r default in the pa�rnent of any instalment of principal or of interest for fighters days:a alter d!tatdt in the Is. rry men:of any tax.water rate,.ewer rent or assessent for thirtv days after notice and demand:or after default m after rhatice and demand either in auiRming aml delivering the policies insuring the buildings against loss +•'... Y> I by fire nh in •rhmbursmr the tnnrtgagee for premiums paint on such insurance,as hereinbe(ore provided;or -,; aft"def ae't upon request in furnishings statement of the amount due on the asorigage and whether any offsets - or def enses exist against the mortgage debt• as hereinafter provided An assessment w1ad:has been made t Wti in insglm+ertn at L`-application of de mortgagor or lessee of the premises shall nevertheless.for the +, lrhrprnse of this paragraph•Ix•J"emed d•ae and payable in its entirety at the day the first':staltnent fxtcanes 6, due or payable or a lien j S. Thal the holder of.this +410rfgaj..iOJri/.alYf00 m.lote[l0le it,{ball be lmtltd!'d to,Ilse app0iiia1C6t Of a ?' 6 That the mortgagor will pay all saxes,assessments.sewer yen! or tmsser raeea,mad in default thereof. �. ,. the mortgagre rimy Pay the same. i 7. That dhe rwngWw within fire days ap'm tvquest in ptxssin or within tea days upon request by awl furnish a written sta ement dalj acknowledged of the amount due at this mortgage and whether any off sm or de(erues exit against the too, gage debt. " A li Ttut noti and demartd or request may be in writing and may be served in person or by mah7 "4 9. That the tliIortgagrx warrants the title to the Th prrmisea j'4 .. �i 10. at the fin insurance policies Maired by paragraph No.2 above shalt contain the unal extended corer• age endorsement;that in addition thereto the mortgagor,within thirty days after notice and demand.will keep the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee ?. ! All of the provisions of paragraphs No. 2 and No.4 above relating to fire insurance and the pronsiuu of Section.'54 of the keml Property I.Aw construing the same shall apply to the additional iraunuice regoi:ed by this paragraph. I 11. 'Mat in we of a faedusure sale,said premises,or so much theteuf as may be affected by this mortgage, may be sold in are parcel. 12. That if an action or rn,x ing be commtte e d (except an action to foreclose this mortgage or to collect �} the deb;sem therebv),to which action or proceeding the mortgagee is nude a party,or in which is becomes necessary to defend or uphold the lien of this mortgage,all sums paid by the mortgagee for the expense of any litigation to prosecute or defend t}r rigfiis and lieu created bs•this mhortgage(including reasonable rntrhsel r ?� fees).shag be paid by the mortgagor.together with iutertst thereon at the rate of sift per cent.per annum. ',; #y and any such nun and the interest thereon shall be a Gin an said prem-sa.prior to any right.or title b, din interest in or clait.: upon said premises attaching or accruing subsequent to the lien of this mortgage,and t; a1u11 6e deemed to be secured this to action or to foreclose this a to by mortgage. mine proceeding mortdale d h e vet ter or collect the debt wmrel �lereby,the provisions of law respecting the recovering of costs,disburse• fir` merb.issd alloei-sam shall prevai..buffected by this cwenanb and the holder of this nortaaere, in any m ' �an to foreclose sane, shall be entitled tos1 ry t•�as�nntic attorn�)•'S °ees to he f ixe3 by the Court. c'f; . �,y .,-..•',� .;:'.'"z-. �,S#Vic. h '-dsr s�', y. -� .. ..W ex'. :';54, a'' tru� 1.. �'"s.r ,ry•,.,q,d .. ::•tea t- '�1'> t; - �:x :,+.: s4. .� .. 'ct ?k C.•��(w.. � �s''.� q v"•a.4at3 •ram r'd'mYS.'' £. 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S r � v it!:.. - 14+1!?c/, �Ayt p,.,.. ?4'�/'. � 't ��a, r� �?e?y' t_!�`1r f�„.:kr,°i• %� gt�RYn'. .*�i! L' kt a•�F.t!d`y`"k iJ✓"�:',�,,:�'' ik'�,¢S;� K. `,�K��/y�y Y � "I ��'•6f'rd�4 FT 1��' � ,4 '!�?•:+✓ yt..#;.?!''•`.4 .�r Vf,'Z,"�.kQti. v,•�' � .�•�,t.E�'� •,3R h•l�pY�•- '.Y•j �v.r' • ^F'.'f>t'{1 ��Lii r,K,i is r '}' fir. �/ t v .t } ,v. r {M .f-�� 3= .4. .1.tv.�i, �, a�!* x•° y'�t'� y , �y'd_ �..Ver k�v 7� rrF'a1'}7+". �'�1 � , t c ,a�ig+c.,•nJ •}'f S '� ,�� hrc: , '�Qil'.. � i� •3�� Y � � ,•� � �, r15 ?ti�i7lt�ba .t !�:•F !,i j• 1i +; r� t ! +ia rt, k4 !lp jo qx--sr, 4'--P K ti Rn I 1 4 WA f. 9 , �w - , 4 .1 71 .4v-;,4 .0, ri p WAr kL ,kj��''P. Korm Now// A,., it Al,T;, op Yoe,' !if A, I 4rs. 16 _Pq m J171 1 . "' •• ..+..+�..p.u•v.,a awrnanornoawla Corpasoun lbMgH br,seyt � COI+ISI RT YOUA 1A1M1 Eat lEFOIIE SIOIYIPIri PHIS INSTRUMENT'—THIS rNSTAUMFW SHOULD BE USEYSY,IAWNW,01LY. " }•iol 1 ��This trdeatvre, made r1e —day of Pebruar • rinetned 1tlJrttlted and - eighty-eight ®ratwfren GECRGE MESAIIjOS, residing are 430 West 23>td Street, New YorYi N"w York`i"Jt''17177TANT I IS_PAP„Are:D.GLOu, residing at 92-26 235th Streetl B• l lert,as p; ,n ,r. Now I',�rk '1427, CONSTAUTINOS 2I_•'RV[�S residing at (Ilo /) Main k`ld, Or'i•.-nt , Now Y"rk 11957,and_GE0kGE TSAVAIt�,$,, residing at ;:'l'0 'I'll ::!rant'., last Marion Now York 11939, ,. �`� Pi•• "r' '"•'t'"t' 'nit JORDAN'S PARK PLACE, LTD., 803: Motor. Parkes / ' Parkway, 1 liauppa�tgu New York 11788, Js in lewd fire 1,L P:Pasoc�►o 101 #t f'-06 ,2 3S_9 St 1 Mety of th..Y.Y'n11,I:1,1f t, t 0 1 I.(+0 VAIrwaseth,th,al V•e Party of the first port•an consideration of Ten Dollars and otner valuable consideration paid by +he I`•+rh•nl thr second pi;rl does hereby grant and release unto Via party of the second part,the heirs c•sus easors Ill,tq•t: and.raurr,Y of th«Im-Tv of the Solt or.-t part forever, AR Ih,rt r•rhvn plod ,Y n•re ur pay el r 1,Bill.119fJ/lftelblltl�aZQ1[)<'r11i00R'vJIGN7?J4 ltvt Iw•"gllu'etc yingand at Southold, :ounty of Suff -lk, Town oOffN7rSSc-,Uttghold and �Stace of �P1.,'Jl+ ' N w 1' •rk, b uttd• tl and doscrib:`d as. follows: 1 •1';i�' ltl:fl"a1Ht1 ar the` ncrthvrly end of a line which connects the easterly 11-Ado of Main Str,•.•t with the southerly side of North Road and frcm ..i+d l,••iat na -tie rli.nvinq; running thence North 74 degrees 08 minutes r, Ug ,.•'a',•ud. .1 apt .;t l:,ng. thr'south_ray :i de of North Road 498.74 feet t land n, w r tc•Im-rly _4. Davids; thence along said last-mentioned lat:el a:,,1 load , C Z„pits, Angevine, Thilberg and Critchlow, South _3,!'•qf•'••r minut"5 20 'st•ronds Fast 343.07 feet..-to;land new or -formerly j,.y: .rh mc•• all••, said `las v ll f h, S-•uth 74 d.t rt•tsm33tminudtesa30 aecodsdWest of MI94e1B �t 0• N1,•y ,u+.i Stott" q t .•t ; t h• nt:• ,IJ"nq thy• w„sterly side Of sa-Ld land:now or formerly of 'h. ;;••utlt :5 d,•etr••••s 26 mintrtes 10`'seconds East 164.64 feet to the I'll' tit, of Knapp Place; thence South 72 degrees 43 minutes Mds wort, along the nort:terly side rf Knapp Place 79.97 feet to r I-ld n 'w or fc-rm­rly -.f Green; thence Nortl. 26 degrees 23 minutes 40 �, t••`Ir,!•+ w"st al':`ng said last-mentioned land 167.24 feet; thence still tl•'tl,l ~Jilt let:;t-m••nt ir•nr:d land of Green and lands of others south 74 el•',tt. .•� 33 minilt,•n 30 soconds west 352.65 feet to the easterly side t Met i r: tit r,•••t ; th,•11ro along the easterly side of Ma:a Street North F -5 el"tt''`'e t+ :5 ninuti-s 20 se�col,ds west 236.36 feet; thence along the al ort•.,t itl line- which connects the southerly side of North Road with tit-- vasit••rly sides e.f Main Street north 19 degrees 25 minutes 40 •Iecondrs aavt lt)9,fhl ft,vt to the, southerly side of Nor�h-Road -at the point or . l+!,ta•,• ,•f 1,"4t+utinq. -. It`it,ef ,+:,t.l int,•nd••d t•; be, th.• same pterlls•�s canveyr_d to the parties of th.• first part h-ruin by deed rocorded _n Liber 9185 cp.438 and Liber 103?0 c•r.53% Tc.peM..s••h '„p,, t,f••.tn,1 uat eat d any,of the party of the first part in and to any streets and roads abutting - Ilv .h.n'.•A.'.,•d•q.1� p,e,n.,,.c to th.•..'"I".11"M their^,.:�.� q tie tether with theappurtertances and all the estate Any +'^• •'w•'1,.• ', ' •,.•t,atn:.t.na rttnsa,A ereflniles.ToHaveA old To Hold the prem,ses herein granted*.into the ` r''rs '1 t�^• ^•+pa,t in..n«r• nr tucressprs anal assipns of the party of the second pert forever. An i"'^+'a",''"`^his:p.111,uv,mants that the party of the first port has not done or suffered anything%%,hereby the ' t •.,.1 pe,••,•s.•,h.,,,.•the«n«n,um,,..,ed in env wev'vhatever,exc.•pf as aforesa,d. }, And et:.,p.,.11„e oy,y,,,part. n crrnnionce.with Season 13 of the Lien Le-s.^ovenanri that the party of the first part `s'"""e1s'^+'^"•`••rfer♦n•..,:or-,its conveyance and well hotel the r-phi to ro;olve such consideralion es a truetiund !„I`•'•et•1Hi,,,!f�,s+1,.,?he p�.rpns••nr paying the cost of the emprovemeri and will hpply the same ftrstto the payment pf the r,sst„1 the,•..p,.,ven•ent before using any part of the total of the tame IN any other the woe,t t/a•ty"shall he con,rrtted as it it read"parties"whenever the sense of is indenture so requi•es. S ® On WhA0411 Wherrof•the pan,c'the f,•st pert hoc duly executed this deed th.i nd year first above written. )� � - _•_ -{� - -- ■ � t c (tom C/ le�� .r an tr/i is i ap�i old- s t-ntinooss Zery s r� L T Tsa var f s � •s` t 1` '�i r '�' •�i *""i t,.c "• 7t., •~ r� � 7 4 � r � 6 9 t 1;'- ,'��`r.•.�"5p'i� ��+�Ifr•, ,tisft' 'tr ��� .r ,{a.. ' i •x 4 '�•'t,:'?'�.1,5'i 'e•;4'i ,1 '',N..•, r'," .� '1. _�L 1.`3t-r ' li•, ,p•'4n ' W' t ' r"` �;�,''"' ' `� I•Ch'�` '�•t'•';rt' r` �,; � "� i• � •E}i/`i�..� •e �l' / *If Izz. I— lot, pq 14't Ic 4 L k" kn IV, j 'Ail MR IR ............... A"k '4 I $ _11Z wiy'4!�'�*e. Fill N-11 3`1 rill -m,r - �� l•� ;.i.t y+: :r� �r��` °tYg S., 47 j• :11nf"" tY.' ,iw.t ¢•fh.r'.i �� ' .�ra�1.\'+•i{'�- �F�. C •crAtS7,ta4,I�xti ` '.'4'' ���.iy, �,�G u.i t ��rd�� d A.'•4�s�3':'„�t ,d. �,i�' ' EieXi tf}iA.ori"._. ¢'' F'E .: E, 1r't,w. t'b (�"kl :. +..-a �-+ y':'• r-f""r".�A' ,C•? �.,y Y.,' .4;�t�q'�tt"Sr'Sr�''•�.s � rt S,. 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S v t��az7rt�ff{b�at"t�1rf7.-�' r r�;�t"`�r'�^�`'Ati'`�i�!•F zt. � �J+f •y 7 ti�¢�f hi.��,`i�8, p y.11� "�r•�`'��dam'1 � � '. r lt�t°yY�+jirq'�jf+� 7�r f ttJ SS (lra 13 1;i • �{}d?S°{f nY r Lti 1�k`�� I f.•�i�{�4r :Y kr>'Y ,r r' °v'' 'G T�� ti 7.. i ."-•:li'rt 14 w},•• .5.41 S . t(.•�.t t.�a�j��j..t , y'xr�a{y.r>uL��T4!„�1 4� ti`' bra Y fih~ ya<aat�+/7`''g pti+ It. -a�� 1'�hr4•°kc,�r _ •4 e+c zl UMllitr r I Ya•d R4P,i •.r.' t1'IeatMra_ � t amm Mesa LNWM dal D"Ma 11Mf a ummn—Twe mmttYMy t111 M M vITIiIT W,"Mm •a°. 'n• -} WIL'FW LMM 4k rain of tatted Cowslip s espees powh"of to tM Wim by floe oe ofhas rat9 da:•a. a die deed steles eapas pt•+As.as fa mWe, the paeia cm .L Sad1w s-1311 of are cesnal . sw A sppy.'rbis Mcb=Awpkm eft d tom tapes ptuetmw ff aloe Its pals wstttwte/;l I "r ci, tax,w. 'paler M dorm , �✓ -rT •�`+ TWAG1RE1fr.tta4st3s .-ifs[ April ,ttlsrlsss:rt!»!ss/ ei9 Y-sue'f, r� ,k �.ate.., 11E7pF371 MT108 &ATUM NIS, residing at I8-27 Ransoms Btreet,' Omens Allage, hew York 11427 s 41 '..� ;,l^1 Na s^.:. _"t° e"•� 3'. ,.:.7: ,. ' .. •a' J.J v.!!"1�•'s ,b`31r�•�L�``a+ �% � ��' �•�4 k - s= .. htesisaflsr4lestatMdrtetar■e�ra•tl coNsTANTINos zERv03, residing at (IRO f) FACOLY '. q i E - Point Rc•ad, East Marion. New Torit41939' Y,3., `.and GEORGE TSAVARIF. zesidiag at (oo +f) ?11ta etr4trA 'i ` ' East Marion, New Yc .k 11939, " a one;-third interest in and ' .• ^ma 1di....me the ton ar.m it?uU R.¢YIR!Geer{so�:l.s�to willnull, - ! � County of Suffolk and State of New York, hounded •tne descrUmC as .;;�•u«;.. `' it followat %_'9bL vlC�. *.,;.. :•` BBG1'NNING at the northerly end of a line utich connects the easterly -+, side of Main Street with the southerly side of North Road and from said� J''. :kA point of beg.nninq running thence n..rth 74 degs ses Oa a inutes 00 seconds ;' �l. QisT. east along t.'te southerly side of North.Road 498.74 feet to laud now or ..loco formerly of Davids; thence along-said last mentioned land and land of g' lavits, Angevin, Thilberg and Critchlow, south 33 deg% es' 37 minutes 4 20 seconds east 343.07 feet tr- land now or formerly sf latle , thence.; along said last mentioned land and land-of-Mooi s, Bayley and i0tavuh, ,.:•.�1 P1034.0 'south 74 degrees 33 minutes 30 seconds west 194.18 feet.; thence along the waste• ly side of said land now or formerly of Stavoh sou4 2f <-• ' `.BLflCCIC degrees 26 minutes 10 seconds east 164.64 feet to the northe ly at. s of 02.00 Knapp places thence south .72 degrees 43 minutes-40 -seconds wesi. ..along i the a.ortherly side of Knapp Flaca, 79.97 feet to land now of formerly �. Of Greens thence north 26 degrees 23 minutes 40 seconds zest along said ' LOT last arntioned 1-nd 167.24 feed thence still along said last mentioned 1 0016000 land of Green an.. lands of rtiors south '74 degrees 33 minutes 30 seconds-,' •+eat 352.65 feet to the eastezAy side of Main Street; thencr along the 1K easterly side of Main Street, north 25 degrees 25 minutes 20 seconds vast• 236.36 feet> thence along the aforesaid line •hick connects the southerly aide of North Road with the easterly side of Hain Street, north 19 d"7&4%s 25 minutes 40 seconds east IC2.04 feet to the southerly side.oP.. j North Road at tlae point or place of beginning. r Being and irteneied o be the same premises cextveyed to Potion tfataaa,.,kis, .'::: George Mssaikos and Pantelis Papazoglou by deed recorded in Liner 9185. Y c a.438. The seller herein warrants and represents to the- - P purchase- that he is owner of a one-third 11/3) interest in the above-described premises along wWth Georg•s Mesaik3o and Pantelis Papaxoglou and the interest;,' ► �. being nve Yed by the seller herein to the purchaser is a one-, hird (1/3) ` ya ,� = iutcrees in and to the above-described premises. Gaorgj Mssaikos and .� Panteli Papazoglou ':.am' signed this contract to :.ffirm to the ptarehasst. .'.i:. that the seller herein is-em owner of a one-third 41/3) interest and ^; ` ' ;•;� that George Nesaikos and Pantelis Papa::oglou are respectively owners-olr,.:' . �3I a one-third (1/3) interest-each in and to the above-described premises. CONTINUED ON RIDER ATPAC9zp w-glo. •a t - 1. 7Mt Isle lnrlsles 94 ftK I tle sod inhtest.if snv.of the alter In and to any laW"fn the be4-f any stm d.rand of enlace-+teen!Of poposeG,W Dort of or adjo netts-aid prestiats,fo VW otstee Zhu IbeYeo(.ad sit tiyjtt.IRkr aed lntnew -' 1 I , of-%c sec.i In rod ro any s-w nix&or to br male in lieu duuof and Ir VA t.)any anpad sward fa damal•e to said pftAn by resrart at ehaW of -IC of any t7rfet:aid tl+e 1,11W will rsbtau aW dehere Ie the porclair.on tkwted of a r fielis.of fter,am de .+rand,ally+;ner fnstrunrms 4 m n t,r . tieysnce of wch Title and she ssisnnrnt aed r�dlc:'fnn of ant*A � ��'S.�',T�'�,�nv�[��{. • \ :�• it 1 1' • - -+ � . Fug �� �'Y 1•t+fit�}J`y wr"s r,- jar<�`�.�'•' a+`;x+ � • 1�t� f M C _' V � Y { 3�' • �L9 cy, J �S„pw'rw y 3 ir Pv— �N 1�iF}N7 d S°i•r _ - _ - • 1. �x !'t � �l� ,�•' - �ti•?��'�r-V�e�3.�r�'• ���1+fir-?����'d° ,�•hfi } 1 s��:%�i1,.Y";y�'`•� F 1 � a. 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'ff2'"$.' `?. 1 � I �f.J� lj Ali •t.. f -A.,,rSrf x{14Yf i'.rt -{,�. u ,�. 1• i i v ,) 7,•.x 4'r3 � $t i*.+Fi.. r t• +e f' �� - ♦ e � '� 1' ;1,�. i' _^. °wY - e'4•Y%-J :;i�: a i '►err lea:.... _ I f ,nrV I1 Y r�:a taMa shelter 6266 lwarr flbe star ail/FOVA m wr d w i jo ild;taw.i.Abey Ned 1►ier „ b M tYr be1r1 u1 iM•�J aLK and IW� M Settle"dwr aN M.id/+w hats it Serf.fumiI tk•Iw fM� � *,Am tmmem"am I"br ap/aAw�i w Shia MrY N sectIwf ta•A� a V;� r ";:J '1� ^i2°>t>l.lf•M�1 eAI M Ills wrl dalegaln a Sale with cort'I+nt against grantor's sati :jVA­}. •dtiel daa tisane east""fmr tree ad"be"y e>swvw mil M as to-,Wm Is tie INd; ;�'• o.aw the k+a Ivied•f der Seta prtale h d all cactinkeanca.saoe/1 o Irwin wtc al/al/causedb oesaulr , �; .�''�r,��4�.,• �.���•d b�irrloe S of feetl•n 1 J d 111►iJen Lw. . •:a . •. - :;1. .• It tilt Settled r a c rprooasm.III A&rbwv 11 die ruchm -stow/del►I/am/r awn t w Pant•(OMatsan antlmdrimr it•ads hems fedi►+•7 al slsmltad.aaw Se cendlem my the see. try or AaamtaM facneaq T ' c.1* e/drt t•�erSenuQree►ofyry wc4 wed INN and wort(o*farts sewn tW ire Corlseya+at IS IN welawvly awl :err.•'.! e*nSei 1Se 0(,MCb Se lost d W arnarr,s;.epen:roSe I"- TIIr dn! Is, ws1 cm she9 ean.n a rwtat wdfidM so �•"'••;}'' tsaaMaA eemrmparacm wMu aaad section. y!•c' C F 14. At she Sloss"0 the ,it the sc11a dull&,,Mv to the pttchascs a cenirte:chuck to the urJer of 11 It rccadass K: ceffieer.,f aun t)nt) in tend Ve d ISeed to be secotdcl for 6:e ssns.sm of the documrMtry wrens on be a1f•.ei i SMeto to ancud•ry settle A tried1 Or this last Lis,and a motdud d sm to the awn of the Iv-Pedule s•Itael -I I%try stabs Iaa gy4eble bid ettwoa of them old Say of tl•t dmJ.anJ a resters,of a / add the MY M wq�s+ A.der);apk•J and sw•Aa to ,4• byeelseath{w Seed!t a p•n1Serw dare mpaa to art Lad stags to the tettan •s sect Seals•Ir rows to hit ' ` Ieatstsed to Ue mppesYst►str ts(1'w`tr praeptly arts sir dosrnl d:.tk. _�, . 13t In adduwla. -Ifa start dun at ur w link- <ylink-delivigin ':t check to Itj*rJn of the F-oUce a • " "ter Aeei,ntraear 4t�h««nnvel d letrlF►nreny Tran•_Site (Ar Tafsm r tom ChaptH s o►aN:AdOswa/n`rllr.we oresW CI tSit1 r fkv of law Moil.aPIJ wtit AIt1t'-wet 1tft h Itele. -r We orUnt tt �td by tts't sA ctttutr Is�•rs+� �'s MM.r yyf s awtr�w ILnaanseto rhet9mullw+Sloh epic! vi,d;j% stp.vd s It~4.s oy lht Ic R.sht P"..fI SU el stew t.a Six ty f"We Stow fosw the deck See esz. n.to be Jelydeed M CityIkptjpp�firep►ty•hest Xaun�dt x r,,, f: f ;.is r ettlar wed pits and'le purcharc'hdr^crept atilt Miles env tit • Cos y do tng lwains" •,t� { in SOf loll: County And a%�w d ass P1tw Y.tk�nSerefd•rla fhsdrearsedea.Seal.amcme and redone a f1 17. AU d paid dou acceptant of this contract,and the t aaoeib4 npewut d tM:aamuussots of the trek a amid t+tr oe `•ear best Lad o "Laws. f us, as.If any.male an curd tear Ihtrewsth ass hereby maim abs an emir ptervmes,but arch tltltt ahta71etA ' eo Sense after defrA by the purJuter under ilea contract. �x 7� �! All fat See/stacks pedatatal;.rt�.ny stbrhrJl{r aq ufmarel6' •a e r ultsltertlol iisft Lad r x ' C q err eepresentN try bath,ulcer.Irk stun all Irerc en n�rlatlH t>lupl Seem hen" h(a+kl are rid ed4s tl��a{e rrmll"Whe sill 0 1ftY r tu�fackrey�ndalt�Ipo(parSe e lade bum ',, •: ;� teaai�tlL.Famed co.Yhcf futlluts.go co"dRK iuluRiMrdurfrli.ralrrcl tI(.fcatzla -r✓'tck+ assists' bettstibos xtd►,t ublte'4: tat,air••atrtrye� mat,shade.suaca�Ydlp,a a1111 vyf:o_ t.usowoa�� . c. %me%�daR r +a..rc ` ..fbi;Ie.p►mpL+K�^m Seed ovada ovary. ]Ut cf, ACSa'! V LAND. .r t^� 11. The smarm!army uepad Ia■ta.mstrunems,waled c%&Ws and test►rams"ids the selee rs ublrp:etl I- day.e1 ! i . dtuhailt.with t M In'rml)nd pcnalnon It'.Icon ttt a dale not ko Ilan two beeuness days off"the t ue of eloaur=title. nut)at Ile optic n of the seller he allowed I%the pure;later out of Ile balance der tht purduse p(rice,prosswed ramul trine deeafa-wh wSexest Send goon Steelton f rated to Said der 1e t Y(samttr L b;11e athet of Order dtsrYt{ :I ;r 20• 1f at K wee of ek AN tlsate delay be arty oshee Iitas or enc*mWsc't sehlcA the seller I obi)nWit-mWed s w pq a+/d'r:,z:r_ f• t efage.Ste SerOr wul •s any porteoes of'.c balance of else pw.hnr get; so aIh(y Ilse W. pro. d Ilse sr7et siupi �•. elaemlesere•tly Seiler delver to the yutclrsr at the cl."of I'Ile tn/erusteels in swell"(ssrm SeedIweM to otdY o' } •`"'•`i stash lwm and cc-mmMsoces rd rnad lured to stile Site.,lit of etc•wdsn6 a ;duel said smtrunrtls;w that a w y 1 P j mkt has made•Iantetntn s a1h the Slott ct mpany enp-4uytG by rise ptnti stec on td•arece of.benot)y aNkl rill depum oil► r laid camp"su'ficKM nxAvl.sccrptable u slidretiuered by of go mare ohtsuttnl and the it T d sorb ulnlmdbint i Seed the mosom of Slt!a irrtanarom to the prc%vm eseleer(Ited of any ststh Isms and eMuenwsrocea, m with into-am h; _ 1p tla mfomwert of west out o(Ihe muarej Peters The purchnet.If regtw-M msbt eneha•rcaoh.lM lame pia ;' fo the don o(cf aubl y 1hle.apes to pnsrile ai the closer;separate certified.:"eels is lint 1he amnt •." .1f the bALem or the psadser pnet.to footnote Mr aatniscilm of any wh 1-.ns a encerritem a,The nauntr tdsny cods urn a uo•n tar Jed er-w*rot cn"cot Le deemed objective.to tack i!tite sears than t»mpiy with"Iwo K j soft nwits.erLL 21. If Se tends c!de tank Arcioaes juJpaem,a benkruptcks air she n:uem alaiml when persons IbteivR uarrses the saT a as - s r;t', a abmllr to thre of door"coke.the new w 11 an mcid"ddem to the pwchasrr in affdartt ahomnl tiat deals judpmtl6 t:v lsanknytoq a uahts elt- we not atdonat else •a - !' 22. In the data:Thal"WHO r'A%eA to cawey 16"k M acradanct with Ste het s d thk cuntnd.11t little tuhiity of; Or award we$be to et oM to Slide pvcheer the ttemoust paid on accatm of Ill?ps err plicelyd to pay ON We eon of_ A vulde•rr..1M a.da,wttd oat Is nos to am N tM dredges(Seed by the New Yak P.NJ of Title Ihsderwrsien.and the net ! coat d and tastsry"ode incorned"Iledratth!mussed by the puahsaa.lid apom a sch Kfuad a- FaYosomt Ueistl dada ' �s I lM rename del be ca side ad canceled, .' 23. PrO4er iclt J. Tedesch i r ;!cr 218 front 8treeteGreenport, N.Y. 11911 on or about 90 days frkm date. a .. o'aioatts 19 e 21• Tua: can pea theme no broker - Is IM►repines was ti t. bm*d mbmt dei tale Seed Use NDn apes to pry may oommiui w tarred theetby. 23. 11 IS 4lsdeeil eJ Send yred that all wA selad.W me aare+rwrsherclwrae had be!-etn the partiav luwte asaraed In{thn Somerset.which aloe fifty and ce•tpklel,nites•shell rKdtedrrcm,and that an use is ea►Nrae;we dear fun aawa ataael..rttlet partys•1Y►j•psm styurworrent or rep+esnobtf+m. so embodl d is ibis onmttabcs,eteaa b ILth stunt.Th�perchan hems Wpeat 'the brie ens utnd eel •raid ytatslsn and r lhttetttlduy acalsainted with Steb ccrmtitfom and epea;to take titir'as h-slid m their p"clif condrti.s and mlbOct N taemaoaalM sera`star.far.Stood mlatlfal Iamsefsir + - =:ss 'ion Ietwela lie date thered altd tilde dc=W Of Uwe. 2wa Taut arvmw-I may two be d= d ems rrasiretmd orAr.TM etlptshelome domew am to apply is and kind Iila betica,a sacmtmrk alrsk"Urtam maaots ad mach"of Ilse"Wocaw'pates t 27. :'tom a Seat puma live a 11► Ile now a t11e pltarara,the cord Titles"a tlsm teal`Paedlsmr' c l alsae/►a Sersatrttal ems if M and•idea'a ti saw amrer wtkl•R them Seer of&it tporreml so ngsia. 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S Z k.-., bf `6 L"a vq r z SI !elf ox n .1 A .'.to,low lot .41 1 P4, Z N" F'P j 3W Xfil�� A to A5 Ll 111j;11Q, R., kk1.4�1'�V` iR Ni, IT LA Lt Mf.., , �4*•..,- - v, ..,. ... ., •. w Jr�M�tit'grMalyr � f--�' n n•.. s0 ttt l trrl altL1, ° 75aa POR1R b1IM�tO1�we" ..+.JOf••J— •':'!w- I ip— yoT208 XATSAM rS, residi•9 at 90-27 Ransom street, : Queenn Village.. Itei York 11427, 4 •"r, ' �i7;Cp:11�'!'Alff'INOS tERV6S, residittq at Ino f 1 Rocky Point Ro,ydr Mario•,,New Xo:t 11939 and GEORGE T£AVARId, residing Ino.!) the Strand, Eav: Marion, Net+ York 119341 , 71te'w�ttOt�oc"poaoim axt ap m as follow" iSJ 1;''lL Mack fwnh aettRap to the h1y Hf deaetibed In WA Mawr .bNortsa,�a ew ituisis 6,bN Pr"(Whamw&da I TAP,Nartpp b woi w ecru a Debt ifr to tka Murttbasaa � s:.. - - Tmam TflOOSAiiD�- itte�e�lnM�[ra s floral et Note k�ibW tbt war dNre♦lYb Iltotls�� i w' It 20,d00.09 pgabia bbwis tM,iatptrli,.ma kt,elsa�nr er F,turr gwnen of the Ptopetj•la edditio+ 71�"'a mf' adea� V brdeadcd to aseoro�nr a+om deba raw or be Ike t t" - w the ab�a:)@k dr Uad W,yote.,pd dtL 11ittgr ° ~;.'.• mein t of debt eared'b�tM fioe,l+ Nor asd tbb�torG ° bybe ar w � "as is,wt .bibated to make f~ viva L 7b° ""W (� Py11 or parcel of. land situate, lying i to iL certaf•I plo V d btting at SovthoiJ, CottU� uffolk and state of N•w York, DIM. on dt+d.a-td--ddwcribed:as i 1000 EGIIC�IM at the northerly ntkloa erly sideich of Northcts Roadhand `fro easterly _.2..- st•de of Nain Street with the Y oe said point of hegi-1ning rust^utherlyneidece oofhNoctheRoads496.74nf et 0,sevonds east along the 1 Tani now Or formerly ui "%'tids: thence along said lash mentioned .'- land end land of-Zevits, 7i, •ine, Thill-org-.and Cr`°tchlow, degrees 37 niyutes 20 secor. erst 343.07' feet to land now of for'•erl ? °DLCiCfI of ylatleyt thence along said last mentioned land anu la::d of Mao�'e, !'"02.00 0eglay and Stav 3, south 74 degrees 33 minutes 30 seconds west 194.19 ,,'0 >d00 .: teat; !:hence al.,nq the we' si-3e of said land now or formerly of Lam'." ; .t. gtavoh, south 26 degree;+ 26 minutes 10 seconds dear 16443 ' feet to t no side of Krwno Places thence south 72 degcPi�CQ3 79.-9�efeet ..f101i0D3•: `0 seconds west, along the.nart ezly side of Knapp to land naa' or formerly► of Green; thence north �6 degrees �3 minutes 40 secottas west along said last mentiordd land 157.14 Bets thence still along sat& lacz sMntioned land of Green and lands of others =; l+'1' sout,'a 74' degreda 33 minutes 30 seconds wcat 352.65 feet to the seater rti1� side of MR Strectt;., thet.ca, along the eAsterly.hide of Main Street, • north.2S degrees 25 :efnutea 20 seconds ...int.236»3t':feett'ahence along t'r „-•r the aforesaid l`ne vh.ch connects the southerly side of 'North Road . 6 wit!i tM easterl,► side of Main St':ee.r north 19 degrees 9s minutes ' x ° 4s?; 40' seconds east 109.04 feet to the southerly aide uE Nor'h Road at, .' the point nr place rof..begins'nq. end i ^.._S:►C•. :,id t I. - •- .i APR 1G 1486 • ,{ ;.. , tEM A.WMERA 'r Cy"ko!SURelACowdl. , • � � r y , l 1. � R i \ ,.f•w j�dT'" "Yr.I t f. �� =� .4 K• `,., a t+•ar• r f .v, 'r♦.y •k' 7 .,V�e • ,'� r k- , ��• ,fit , .�..:� JaI� r 5 j, y.., ' , .+ ,�• �,", f ` "< f!',f ti �:' . - ,1,+t.9� ;�`� r•l:A, ti•,riY° �'.`" ...;�., tT �,.r ..:4^ '.• •4 s t 6- n�:Ju._I=..v It !a •a .r. _ Jn It /Y., rjpi�. ,a• +..If ;fl ' fs t "1.. t r ••Da a:.r _s f • •• r • a+{• �•¢` �x,.� „�y� a. �• ! 4. -.,t••• •� •/t s'•y ,� 7 :Y. 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':�s^'1{. .2`si'!'' i;�j t r IT :f � itia`S,•r:it?'�.��.ii. :'-�ii� r�;i:;r 15•V 1, ,M1r7y(1s •f\,�t�t•;t*•: !r'P:, 'r:N.`.t,.fj,'ry;e, �rr�`�•7s_7 r `!r l.ji•�,iSh � u ;l, J• d F 'y �',�,•i 5r .'p,�' y/�•+ ,''rt A ,,�,i1p�i•�,r ?�'• 7 �.-•,,,r�af xS I i���t� w'i.,• �,��`�w � 't : �rF+4i;.. * 'i.c�'•: SW�,1� { ,Fi C' 1 '+1 '+1`�j�` .��,,��' � d# V ►tiF ��`[4'+71 � .t u, � 1 •< J.'Y•'��''�r_ 3� � � r`••.• �r1,.'7c?i''': f.J r, ;.§V :. �i °' `y.t•' ,`�.��� 1 ! tAr?%. •jii �„L�r lC� +.li'�jAi ,�. .~ ,�•: Yi� � �yt{, • e f b.i;•r ',�f`,:(#��� Y7',��;1�^'!�••. ¢ I 'y(T +3i ` � � :'� ?�k!,�W y �,� �,�. .'�,}•.��;,.j1�,{� # ! t :1'; �; '+�''��rYr ���t'�_�R•..�u i. A,��.J�`�:�'• �Y.` {7 I'�,'t•�y.. �, Lt �,' dJ� ,I�y •�F`��bif i, 4�"l,��l � t�i� )\ip:'.��ii•• .<+Sfr,'�r'T,'��+'�1'Y 'jpl�ti� '�.d't' t' ,i• '�'1`�'�b�*�i12+;:`� ��V AF���•J��J1�.7'lf�t� ill -a .,, q'.t .,j ,�/��kl r. rl�,"i''�'�,Z�Si+7 ~ �!'�'I���� `i��t�� a�f•.� k"'7y�:� ";� �.�'�'�..'.�5. ��(7� c•,a�. t� r'"'�� {'� � �qi� `F?`'�' �� ,. .Cc }a•7'3 i;��' r',f7 :l •�•• a�''•1.E�/ �•� {��'3Y`� ':!.`�,� �,� '•�'.•' :it ��'��4 � � �1} '6�S'. f:.. 10: ROOSEVEL T Sr.VINGS SANK PAGE 2 GREENPORT COMMONS JORD N'S PARK PL4CE, LTD. J.r CONSTRUCTION BUDGEii DATE SEPTEMBER 3, 1989 HARD COSTS •' •••-•:' • . Yf T7C rTT*:':7[ 7T TiC DESCRIPTION SCHEDULED VALUE 1. CONCRETE WALLS, FIGS $1-7,300.00 r: ;; '�:.. . .• SITE,SL=.B,FOUND. DOMESTIC W;TER SERVICE 55,000.00 3: DRYWALL INTER FINISHES 571,050.00 �+ _• 4. ELECTRICAL ROUGHING, $118,000.00 SWITCHES FINISHING ,.. 5. EXCAVATION 567,000.00 6. HVAC & GAS PIPING $146,000.00 7. MASONRY $145,000.00 8. PLSG ROUGHING & FINISHING 546,600.00 9. ROOFING,DRAINS,DOWN SPOUTS $30,000.00 10. SANITARY ONSITE DRAINAGE 572,000.00 11. STRUCTURAL STEEL $43,500.00 12. WOODWORKING,STOREFRONTS, $328,000.00 .� DORMERS, I NSU LA,SH EA I H ING K 13. LAWN IRP\IGATION S6,000.00 _ 14. LA.NDSCA.P1NG 515,000-00 Y. -=15. PAVING,STP\IPING $4-5,000.00 - * Y.. 16. CONTINGENCY FEES 54,550.00 t "� 17. PAINTING 520,000.00 � ,t •.: 18. MANSARD & FRAMING 560,000.00 ' 19. FLOOR. COVERING $30,000.00 ,> l• TOTAL HARD COSTS . $1,410,000.00 i i } PAGE 1 3, ''• FO: GREENPORT COMMONS JORDAN`S PARK PLACE, LTD. CONSTRUCt - 3UDGc� DATE: SEPTEA9ER 3, '1929 < SOFT COSTS . - ' ��" 7ft7f'tt^'T��IT:�t'+t:t:F47C't:��f7t**�C�tTt*:ItT7f:t:!*�T7�TTt:�'7F7flt•:F*:�:F' .. .._ DESCRIPTION SCHEDULED VALUE •� J. LAND 3590,000.00 r: .. 2. ARCHITECTURAL FEES $20,000.00 ' f � 3. BROKERAGE FEES 542,500.00 T` ` �' 4. LEG"L FEES �:. .wµ: S25,000.00 f, '- r. ,,. ,•�T 5. INTEREST $100,000.00 6. ACCOUNTING COSTS i, . j •35,000.00 7. DEVELOPER FEES $65,000.00 ,,... 8. ADVERTISING $5,000.00 BONDS $2,500.00 _ 10. SURVEYS $10,000.00 ,.•.yTOTAL SOFT COSTS $700,000.00 TOTAL HARD COSTS $I,410,000.00 TOTAL CONSTRUCTION BUDGET $2,110,000.00 ,tom,,.,• .,. , . - .. '\ .- e , . -Town Hall. 53095 Main Road '�,� �� t "' ''" .,�.DG i1t:?i. P.O. Box 1179 r�u�:.: �ntfv'.� Ft(;LD Southold,New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM INTEROFFICE MEMORANDUM - CONFIDENTIAL TO: James A. Schondebare, Town Attorney Victor Lessard, Principal Building Inspector ✓ FROM: Valerie Scopaz, Town Planner US DATE: November 30, 1989 RE: Greenport Commons The Planning Board has been informed of the decision to revoke the building permit for Greenport Commons. They are in complete support of that action. The Board's position with regard to Section 100-11. C. is that the site plan approval is not. a rule, " regulation or a permit. The change of zone by the Town Board overrides the site plan approval that had been granted pursuant to the prior zoning designation. I am in agreement with their position. The understanding is that the permit was issued in error. The Planning Board' s site plan approval had been invalidated by the Town Board's action in adopting the new zoning classification of Residential Office for the subject property. µ�G �.t Jisl s CERTIFICATE OF INCOR RATIO y. JORDAN'S PARK PLACE LTD. C%A i' under Section IL2 of the.Business Corporatron Law_ = The undersigned, for the purpose of forming a corporation pursuant -tu Section dal of the Business Corporation L w of the State of New York. does hereby certify and set forth: ` FIRST: The name of the corporation is JORDAN'S PARK PLACE LTD. SECOND- The purposes for which the corporation is formed are: To engage in any lawful act or activity for which corporations may be organized under the busir ess corporation law, provided that the '�- ? corporation is not formed to engage in any act or activity which requires the act or approval of any state official, department, board, agency or other body without such approval or consent first being obtained. To produce, treat, purchase, and otherwise acquire, cook, bake, and . otherwise prepare, package, and to exchange, distribute, sell and », VI) otherwise dispose of, handle, market, store, import, export, deal and titer . ...TY. trade on food and food products of every kind, and confections, extracts, =•err';;�::, syrups, coffee, tea, cocoa, wines, liquors, ale, beer, sodas and other U') drinks and beverages of every kind and de eript3nn, ice cubes, crushed 1, and block ice. cigars, cigarettes, tobacco&nu smol .ng supplies. To conduct the busir ess of restaurateurs, caterers, Inn keepers, j tobacconists. bakers, butchers, cooks, concessionaires, purveyors, r suppliers, prepares, servers, and dispensers of food and drink. and to ? *' k� engage in all activities, render all services, and to buy, sell, .use, ��• handle, and deal in all fixtures, machinery, apparatus, equipment, accessories, tools, materials, products and merchandise Incidental or R related thereto, or of use therein. To erect, construct. establish, purchase, lease and otherwise x acquire, and to hold, use, equip, outfit, franchise the operation of, o ; supply, service, maintain, operate, sell and otherwise dispose of restaurants. inns, taverns, cafeterias, grills, take-out restaurants, 1 automats, buffets, diners, delicatessens, lunch rooms, coffee shops, luncheonettes, ice cream parlors, milk bars, candy stores, soda '1 .41 a w � ` �. ,fir '.p x ? •.�� .! � `� � •� , 4Y• '' + ylf .i � '�' fir,�'�`�� t��m�'.��°f �' ��� ,�, �.,��� - c�e►�• �z�.j�A�� +°r, r ,'�tif•'�,,��sr� 9 T ,y �,c �. '� _ ��>i� , �Y3y' '{y�,•�„,�,�.�� 6� �y, �` �''•r��¢""���,��Cyc � ���'�`� ;,,s � ��Y' a�trl5•'s �, ,..'�', , '9 ' '�• S j�;y��{x Lf b % 1�4/.;�'Fy►�,'•� � 7��i���.t. � � tt[t��i�tjy�W`.�} 1 � :�' yt�' r• �.. 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C ' ...•tlfi slr yY le jt a..t{� r�� tr„ .i>> >»r iy �, fit_ �d f 1 •.d ! f ;._ a •F.J, G; rSS,. s�bt.• .•�..! ti A';+' • f Ii!�• '• Gs'�7i t `,�L vcy i•i".s rl�r .'"JI(}',apt yIn z�, ; .. ._, ���ti • Gi' 'q+�"kin.: •Y,•tN t}'�/K `�i. 1 rI .piJ1�t iy �11:ri•r 1' i ti, �$.: '..�. 1~��1 ,� { irT +r�/�T► +� x i�l ..J/ - 1� C;. a L4 • .� :�� ,A, ��: rk it. ��•��,,, � f�- �• : t�. 7t' }/r�•.S � ���3 �X:. �+. �i• � iLf, �aS' w \;,.� r ,.fx„ � a.;,. � �,r i��'�" ?r 'ki „�•� �... �Y•n<'t-> n��• ,f .V ;'�� 7{.v tri t •i • �i a..t� a� • r1{�1 f ���ih,1R� f Nyj4_'rf,' St �,� r��i` �� ��-�� � a 't+tNas• +.a y�.�\t�'� �'" ,� . ,: �r .:''�' � f�a,',�j : �l i•Vr � :`;� � �'�tr : �..if�� ,`c' •. �t �� iy�.FI[ j y s��: r: i�i : • � }� t� i 5 Main Road �✓ ,-44 P.O. Box 1179 0.�,��.� Southold, New York 11971 ��' TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 2, 1988 Dale Grippo Tsunis. Associates 801 Motor Parkway Hauppauge, New York 11788 RE: Greenport Commons Site Plan S/e/c State Route 25 and MainfStreet, Greenport SCTM# .1000-34-2-1. r Dear Mr. Grippo: As per our telephone conversation on Thursday, July 28 h, I both reviewed the file for the above-referenced project and' discussed same with- the Planning Board. The site plan was approved in 1986. The approval still appears to be valid at this particular point in time. The Policy, copy enclosed, of which I and my staff spoke,all site plans seeking approval from the Board. PIn theertains future,to site plan approval will be granted after water (and sewer) contracts have been satisfied to the Village's standards. However, for site plans with approvals of a building permit is still dependent onwrittenynotificationce by the Village to the Town that all terms of the contract water and sewer live been met to its satisfaction;.: The Village's May 16th letter -to John Tsunis indicates that there are no contracts for water or sewer in effect at this time. _ I trust this answers Yotrf questions. Sincerely-, Valerie Sco pazz Town Planner r a I .r T �-A �. L D • S � � � Y Southold, N.Y. 11971 •(516) 765-1938 June 25, 1986 Mr. Robert Gruber ARchitect 476 Espressway Drive, So Medford, NY 11763 RE: 280 North Road Dear Mr. Gruber: The following action was taken by the Southold Town Planning Board, Monday, June 23,1986. RESOLVED that the Southold Town Planning Board approve the site plan for 280 North Road for construction of office and retail complex located at Main Street and North Road, Greenport, survey dated as revised June 17, 1986, tax map no. 1000-34-2-1, subject to: 1. Receipt of a curb cut permit from the NYS Department of Public Works. 2. Removal of the term "parcel two" from the residential land owned by the applicant. The Board does not want it to be construed that this has been subdivided. Upon receipt of the curb cut permit and amended surveys eliminating the term "parcel two", the Chairman will endorse the surveys. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Building Department By Diane M. Schultze, Secretary. _ 1000-034 .00-02 . 00-001 . 000 Josephine Franconi B&S w/cov . Pierre De Lalio L6701 cp 456 Helen De Lalio , his wife D: 2/2/70 Perry W. De Lalio R: 2/6/70 Omni Investing Corp. to The Grand Union Company The Grand Union Company B&S w/cov . to L9185 cp 438 Fotios Katsamakis D : 4/28/82 George Mesaikos R: 5/21/82 Pantelis Papazoglou Tax Stamps $113 . 30 coverted $28 , 000 - 28 , 500 . potois Katsamakis Contract of Sale to L10018 cp 58 Constantinos Zervos D : 4/5/86 George Tsavaris R: 1/16/86 ( as to a one-third ( 1/3 ) interest) Price listed as $80, 000 . $20 , 000 . on the signing of contract . $60 , 000 . on delivery of the deed. Fotios Katsamakis B&S w/cov . to L10080 cp 537 Contantinos Zervos D : 7/14/86 George Tsavaris R: 7/18/86 ( as to one-third ( 1/3 ) interest ) Tax stamps $320 . 00 converted $80 , 000 . . This conveyance delineates ownership of premises as follows : * George Mesaikos - one-third ( 1/3 ) interest Pantelis Papazcglou - vne-bird ( 1/3 ) interest * Constawtinos Zervos and George Tsavaris - together one.-third ( 1/3 ) interest C H A I N O F T I T L E P A G E 1 0 F 2 " J. i George Mesaikos B&S w/cov . Pantelis Papazoglou L10549 cp 324 Constantinos Zervos D : 2/18/88 George Tsavaris R: 2/26/88 to Jordan' s Park Place Ltd. ( 2/3 int . ) Pantelis Papazoglou ( 1/3 int . ) as tenants in common Tan stamps W1514 . 00 converted $393 , 500 . 00 Jordan' s Park Place Ltd. ( 2/3 int . ) B&S w/cov. Pantelis Papazoglou ( 1/, int . ' L10814 cp 149 to D : 2/15/89 Jordan' s Partners ( 2/3 int . ) R: 3/10/89 Pantelis Papazolou ( 1/3 i:1t . ) (no consideration) C H A I N O F T I T L E P A G E 2 0 F 2 i i i Fotios Katsamakis Mortgage to L11530 mp 320 Constantinos Zervos D: 4/5/86 George Tsavaris R: 4/16/86 Amt : $20 , 000 . Constantinos Zervos Satisfaction George Tsavaris L11784 mp 460 D : 7/14/86 R: 7/18/86 Jordan' s Park Place Ltd. Mortgage Pantelis Papazoglou L13857 mp 131 to D : 2/18/88 The Suffolk County National Bank R: 2/26/88 Amt: $440, 000 . 00 *This mortgage covers property principally improved or to be improved by one or more structures containing in the aggregate not more than 6 residential dwelling limits , each having their own separate cooking facilities . ( J L B as agent) The Suffolk County National Batik Mortgage Agreement to L16038 mp 51 Jordan' s Park Place Ltd. D: 2/18/90 Jordan' s Partners R: 6/1/90 a partnership comprised of : John C. Tsunis James G. Tsunis Charles J . Tsunis ( all as partners « individually) Pantelis Papazoglou (Note : John C . Tsunis , President , Jordan' s Park Place Ltd. ) M O R T G A G E S f j 1 Certificate of Incorporation #48 / ' Jordan' s. Park Place Ltd. " D: 7/4/87 Filed: 8/12/87 Place of business : 801 Motor Pkwy. Hauppauge, NY 11788 M I S C E L L A N E O U S t Iyw 'a Town Hall, 53095 Main Road P.O. BOX 728 1 Southold, New York 11971 JUDITII T.TERRY TOWN, CLF.RI: TELEPHONE REGISTRAR OF VITAL,STATISTICS (516)765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1986: WHEREAS, John C. Tsunis, Esq., on behalf of 11280 North Road", has requested that this Board waive the provisions of Local Law No. 14 - 1985 with. respect to_ their application presently pending' before the Southold Town Planning Board, and WHEREAS, John C. Tsunis; Esq. appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to utilize the premises to conform with the uses in*a Residential' Office (RO) District as proposed by' Raymond, Parish, Pine 6 Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and they hereby are granted a waiver of the provisions of Local Law No. 14 - 1985. to the extent of permitting such uses on said- premises as set forth in their application presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town 'and other governmental agencies having jurisdiction thereof. Judith T. Terry Southold Town' Clerk 35 VANDERE31I PARKWAY COMM 2ECaVE,� ,ACK LONG ISLAND a; NEW YORK 11725 (S 16) 499.6070 JAN 14 1985 _ January 13, 1986 Judith T. Terry Town of Southold Main Road Southold, NY 11971 Re : Site Plan at Green-Port 11280 Terry; Dear Ms. North Road" The Planning Board has action on the advised that above matter because they will take Of the no further Please be advised Present moratorium. 198a which that- the above application revisions precedes the moratoriumand was made on May !s .wishes to pursuant to Planning Board has been conform the under numerous lient respectflly re use Presently prOPosedIon. My client applies to this parcel , a waiver Of the and therefore my so that this moratorium as it Please advise aPPlication may proceed. Of any hearing g concerning this request . you for your courtesy and cooperation i this matter. Very tru y you nrs J o h T JCT/1e sunis cc : Robert Gruber Architect Pantelis Papazaglou Bennett Orlowski , Jr. r ..10HN C. COMMACK LONG ISLAND, (ate) 499.8070 January 13 , 1986 Judith T. Terry Town of Southold Main Road Southold , NY 11971 Re : Site Plan at ,,G:r-.e.enport "280 North Road" Dear Ms . Terry: The Planning Board has advised that they will take no further action on the above matter because of the present moratorium. Please be advised that the above application was made on May 4 , 1984, which precedes the moratorium and has been under numerous revisions pursuant to Planning Board suggestion . My client wishes to conform the use presently proposed and therefore my r ; client respectflly requests a waiver of the moratorium as it. applies to this parcel , so that this application may proceed . f Please advise of any hearing concerning this request . i Thank you for your courtesy and cooperation in this matter . 'Very truly yours , John C. Tsunis JCT/le cc : Robert Gruber , Architect Pantelis Papazaglou vKennett Orlowski , Jr . t U of riwa, Sjc�y5 Main Road P.O. BOX 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED. BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 22, .1985:' WHEREAS, John C. Tsunis, Esq., on behalf of 11280 North Road", has requested that this Board waive the provisions of Local Law NO. 14 - 1985 with respect to his applica- tion presently pending before the Southold Town Planning Board, and WHEREAS, this Board finds that the applicant proposes to construct a retail shopping center, and WHEREAS, this .Board deems such us inconsistent with the uses in the R-O District as proposed by Raymond, Parish, Pine & Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW,' THEREFORE, BE IT RESOLVED that the applicant be and he hereby is denied a waiver of the provisions of Local Law No. 14 - .1985 with respect to his application presently pending before the Southold Town Planning Board for site plan approval. -Judith T. Terr Y - - Southold Town Clerk f TO cn O. D S L �1•1 �� y Southold, N.Y. 11971 1516) 765-1938 October 10, 1985 ,Mr. Robert Gruber Architect 476 Expressway Drive, South Medford,NY 11763 Re: Site Plan at Greenport 11280 North Road" Dear Mr. Gruber: The Southold Town Board has recently adopted a moratorium on site plans in B,B1,C, and Cl zones, which became effective on October 3, 1985. Therefore, the Planning Board cannot take any further action -on the site plan known as, 11280 North Road" until authorized by the Town Board. Enclosed is a copy of the moratorium for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, Bennett Orlowski, Jr. , Chairman Southold Town Planning Board . dms enc. . O YA ry L 663' v JOHN C. TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS July 30, 1990 SCOTT ZAMEK D Gerard P. Goehringer, Chairman Board of Appeals TOWN OF SOUTHOLD 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Jordan' s Partners Main Road & Main Street Greenport, New York Dear Mr. Chairman: In response to your letter dated July 25, 1990, below you will find the information requested concerning the principals of Jordan' s Park Place, Ltd. and Jordan' s Partners: 1. Jordan' s Park Place, Ltd. Charles J. Tsunis, James G. Tsunis and John C. Tsunis are the sole officers, directors and shareholders. 2. Jordan' s Partners - Charles J. Tsunis, James G. Tsunis and John C. Tsunis are the only general partners and there are no limited partners. For your information, the change in entity was an economic decision inasmuch as the losses incurred as a result of the con- tinued delays in obtaining a building permit could only properly be a deductible to individuals in a partnership and not to share- holders in a corporation. - If you require anything further, please do not hesitate to contact me. Very truly yours, John C. Tsunis, Esq. BY: O Z ESQ. SZ/krs KRS/8-SZ Misc. : GOEHRNG4 801 MOTOR PARKWAY•HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000• FAX:516-582-4256 1_iL_--• I — +aa TUL I : .3tr TL0 A:�':=-t-i5if_•'ITf4T' Y Ht�= jOHN C. TSUNIS ATTORNEY AT LAW JOHN C,TSUNIS July 30 , 1990 SCOTT 2AMEK 0 D AS1119970 Gerard P. Goehringer, Chairman Board of Appeals --- TOWN OF SOUTHOLD 53095 main Road Post Office Box 1179 Southold, New Fork 11971 Re- Jordan' s Partners Main Road & Main Street Green ort New York Dear Mt. Chairman: in, response to your letter dated - July 25, 1990 , below you will find the i nforma.tJ..on requested concerning the principals of Jordan' s Park Puce, Ltd. and Jordan' s Partners: 1 . Jordan' s Park Place, Ltd. - Charles J. Tsunis, James G. Tsunis and Jahn C. Tsunis are the sole officers, directors and shareholders. Jordan' s Partners � Charles. J. Tsunis, James G. Tsunis and John. C. Tsunis are the only general partners and there are no limited partners. For your information, the change in entity was an economic decision inasmuch as the losses incurred as a result of the con- tinued delays in obtaining a building permit could only properly be a deductible to individuals in a partnership and not to share- holders in a corporation. if you require anything further, please do not hesitate to contact me. Very truly yours, John C. ?surds, Esq. BY 0 1' Z , ESQ. sZlkrs KRS/8--SZ Misc. , GaR.HIRNG4 801 MOTOR PARKWAY 0 HAUPPAUGE,ZNG_ ISl k1Nb,NEW YORK 11788 TELEPHONE � 516-582-4000® FAX:;51 51b-SS2.425b .yap J©HN C. TSUNQS ATTORNEY AT LAW JOHN C,TSUNiS July 30, 1990 SCOTT ZAMEK OW D .0 11990 Gerard P. Goehringer, Chairman Board of Appeals -- -- TOWN OF SOUTHOLD 53095 Main Road Post Office Box 1179 Southold, New York 11971. Re: Jordan' s Partners Main Road & Main Street Greenport, New York Dear Mr. Chairman: In response to your letter dated July 25, 1990, below you will find the information requested concerning the principals of Jordan' s Park Place, Ltd. and Jordan' s Partners: 1. Jordan' s Park Place, Ltd. - Charles J. Tsunis, James G. Tsunis and John C. Tsunis are the sole officers, directors and shareholders. 2. Jordan' s Partners - Charles J. Tsunis, James G. Tsunis and John C. Tsunis are the . only general partners and there are no limited partners. For your information, the change in entity was an economic decision inasmuch as the losses incurred as a result of the con- tinued. delays in obtaining a building permit could only properly be a deductible to individuals in a partnership and not to share- holders in a corporation. If you require anything further, please do not hesitate to contact me. Very truly yours, John C. Tsunis, Esq. BY• S C. 0 Z , ESQ. sz/krs KRS/8--SZ Misc. : COEHRNG4 801 MOTOR PARKWAY• HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 616.582-4000•FAX:516.582.4256 UL k g APPEALS BOARD MEMBERS SCOTT L. HARRIS tr} 45 Gerard P. Goehringer, Chairman c9'�► �� :1 Supervisor Charles Grigonis, Jr. �� Town Hall, 53095 Main Road Serge Doyen, Jr. Joseph H. Sawicki P.O. Box 1179 Southold, New York 119 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 - Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Av.gust 28 . 1990 TO WHOM IT MAY CONCERN: Our Regular Meeting of September 6, 1990 has been cancelled, we will be rescheduling another meeting date sometime in the middle of September. If you have any questions please call this department at ( 516) 765-1809. Yours very truly, Gerard P. Goehringer Chairman By Doreen Ferwerda h f o����/ APPEALS BOARD MEMBERS r ►,a SCOTT L. HARRIS Gerard P. Goehringer, Chairman t�a�u". Supervisor Charles Grigonis, Jr. ,l W;;"� i a Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Tn: Southold Town Planning Board FROM: Zoning Board of Appeals DATE: June 29, 1990 RE: Evaluation of Greenport Commons During our Regular Meeting held, Wednesday, June 27 , 1990, this Board requested that a site plan evaluation be conducted on Greenport Commons, by the Southold Town Planning Board based upon the Residential/Office (RO) District that presently exists. Enclosed you will find a copy of the application for a variance and the Agenda of June 27, 1990. If you require any further information please don't hesitate to ask. Enclosure ZBA/df • +a SVI741 r - �:®, • a•owrilo "ir i vJ �-;�•mad$ '.._ �. ., •1� _ - r�-.�� �a.�� _ , oollo CIO lov Ir 1p ` a 1 _ v _ _ r` � Mtn - - .• "=.� .. �� _ t 1 . A Z w „+-• ."`� ' -`.mac:.. _........>.'-. .., -.:.._ - .-:-. ..., .�;.<< 1S- =a.. ,_.,.5_ ..L - i .JJ J-. Jr v d,.._.-' 1•KJ • •. -`=r. � � +S ^4 � _.H. -a}� "',- i_ ��:. c. r 1i "R• A - � ; _ _ T�.. ^17 _ i l •�'- �\ - �'! t ,tom _ *w••vi M - - O F' •l .. ,` + '� l '..�/`�� � _ �, t` :7 '.. \' rJ _ 1: 'i�.: -,+,fie +a.•Y +`-•'... - .. .��. �. -\� �1._ `�. -�I. . a.r ._ �_., a��a.=� +... ,.�_3�1: � �._t1M...v.•;t:c '�s'- � �• - � .- �1.-. .•:`'�=:"• _ ..s...s�� C— � R�.�Q �a-rnrn�u��.Q �� Gy o •c ,�D1. 3 11990 Z PLANNING BOARD MEMBERS S S Bennett Orlowski, Jr., Chairman Su ervi George Ritchie Latham, Jr. 7 �� Richard G. Ward l Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD _ Fax (5-16) 765-1823 M—EMORANDUM TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski, Jr. _- Chairman RE: Greenport Commons / Jordan' s Partners SCTM# 1000-34-2-1 DATE: July 27, 1990 The following is in response to the Zoning Board of Appeals' memorandum of June 29, 1990, requesting the Planning Board' s evaluation of the site plan for the above referenced property. The evaluation is based on the present Residential/Office (RO) District Zoning. The site plan was approved under the prior zoning code. However, the site plan is not valid under the current code. The proposed use of the property for office and retail stores is not a permitted use by right in the Residential/Office (RO) District. However, if the proposed use were to be limited to a use (or uses) permitted by Special Exception, e.g. , professional and business offices, then the site plan could be reviewed in that light. The Special Exception section permits one use for every 40,000 square feet of land area. Since the site is more than 4.6 acres in area, the applicant could apply for 5 separate special exception uses, e.g. 5 offices. The site plan before your Board shows 29,000 square feet of building area. If you use 1 parking space for every 100 square feet of gross floor area as a standard for offices, approximately 290 spaces would be required. Page 2 3reenport Commons/Jordan' s Partners However, the site plan shows 203 parking spaces based on "usable" floor area of 20,300 square feet. The use of the remaining 8,700 square feet which represents 300 of the total floor area, is not designated but presumably would be used for storage. If the number of office uses is restricted to 5, it may be possible to allow for a reduction in the number of parking spaces that would be required to be installed. A corresponding increase in the landscaping area would help mitigate the impact of the project on this intersection. . The site plan meets all other setback and bulk requirements for the Residential Zoning District. This review is not to be construed as site plan approval or endorsement of same. If the Zoning Board of Appeals sees fit to grant one or more Special Exception uses, the Planning Board reserves the right to review a new site plan application and to process it as it would any other site plan. s\ �T �UGHN C. 7fSUNIS ATTORNEY AT LAVA JOHN C.TSUNIS July 20, 199 0 a r' SCOTT ZAMEK D JUL 2 3 00 Gerard P. Goehringer, Chairman Board of Appeals TOWN OF SOUTHOLD 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Jordan' s Partners Main Road & Main Street Greenport, New York Dear Mr. Chairman: Enclosed please- find an Affidavit of Mr. Stuart Kramer, Leasing Agent, Greenport Commons, and a letter from Mr. Edwin Tuccio, Tuccio Real Estate, in support of the application as re- ferenced above. The information which I am supplying at this time is intended to address the Board' s concern regarding the realization of a reasonable return to the applicant through the development of business/professional office space at the subject premises. This information should reinforce the independant research conducted by Board Member James Dinizio, Jr. to the effect that there is a substantial amount of vacant space in the immediate area which although useable as business/professional office space continues to remain vacant. I hope this documentation will be sufficient to enable the Board to reach the conclusion that the only wag the applicant can realize a reasonable return is through the development of the sub- ject premises as retail/office space. Thank you for your attention to this matter. Very truly yours, John C. Tsunis, Esq. BY: T ZAMEK, ESQ. SZ/krs O Enclosure KRS/8-SZ Misc. : GOEHRNG3 801 MOTOR PARKWAY 0 HAUPPAUGE,LONG ISLAND,NEW YORK 11788 0 TELEPHONE 516-582-4000•FAX:516-582-4256 LE 0 W LE SOUTHOLD TOWN ZONING BOARD OF APPEALS JUL 2 3 M COUNTY OF SUFFOLK, STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS --------------- _ PUBLIC HEARING, In the Matter of AFFIDAVIT IN SUPPORT JORDAN' S PARTNERS Appeal No. 3915 Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COUNTY OF SUFFOLK: ss. . STATE OF NEW YORK: I, STUART KRAMER, being duly sworn depose and say: 1. That I am over the age of eighteen years and reside in Long Beach, New York. 2. That I am making this affidavit in support of the appli- cation as captioned above. 3 . That I have been involved in leasing out space located at the corner of Main Road and Main Street, Greenport, New York on behalf of the applicant, JORDAN'S PARTNERS, since June of 1988 . 4. That advertisements were placed in the Suffolk Times offering both retail and office space (see copy of advertisement attached hereto as Exhibit A) and said advertisements were run for many months. 5. That I did receive some inquiry for business and pro- fessional office space, but' there were no follow-up inquiries or negotiations from any of the interested parties and no leases for these uses were signed. 6. That as I have previously testified, during this period of time I received many, many inquiries from prospective com- mercial tenants which resulted in the signing of two leases (for approximately 4,300 square feet) and the receipt of a letter of intent from McCrory Stores for an additional 8,000 square feet. 7. That based on the foregoing, it is respectfully requested that the relief requested by the applicant be granted inasmuch as a reasonable return may only be realized by developing and leasing the property for commercial purposes in accordance with the appli- cant' s previously approved site plan. T ART KRAMER Sworn be before me this C_X1Ji y day of July, 1990. NOTARY PUBL KAREN R.HOFFMAN Mprfy Public,State of NewYotk No.4937545 Qu ty Q� siffled in Suffolk July 11.1�J� Cw"Ission Evil a " ter Hazards acre plot won't build shaes and they y umm"aare not likcty to sit soil for a a lake at the entrance to the cui-de-sacs on which doesn't .5ay many don't play golf or they will li rc. And there are always the =ar otherwise. hobnob with the golfing fra- highways in the ileights to look to. lcmity, don't even live alongside tl�t; Patched, repatched and then patched e Ground fairways, but it is true. The first-time again over the past half-century, many L visit+or just can't realize he is about w of these reccntly got a smooth new _tuWand over-ailing,of bcaudfuby smooth hard- _ _ eater a residential area which cvcn boasts an association of homeowners top All one nrtds is p3ticncc. Mran- acks to lcxal deliveries and bent on environmental issues and slow- while, some entrepreneur may try to hrough traffic"from the club ing heavy-footed m establish a boat rental facility on Man- otorists. ,a uninhabil b• But this area,known as I3ay,ed-by-villa erg Beach, is you inshansct Roast to aid motorists who —or Dcring Lake Road, if i — (mote commonly known as where one may find himself after tour- don't c. L g_ i was erected."LcxA deliver- carry VOts aloe �ffcctivcly banned loads of tog through the lake behsnd, yet in, �rovigiQns as well as as`sortcri I�cring Harbor,one of Long Island's 95 villages and the smallest in New York Mies by July Ahrens ccssities from the village's StItC. And there is a chance that this way, regardless of the Fact lake will di a every Week, only in village residents are club homes Pp� once there are new in the new dcvelapmertt. Kcsi- The Suffolk- Times and, as such, en jay tttc dents who build on a minimum three• gastronomic delights offcmd _.cant_ Getting _li'elter through the woods has long a water hazard to motorists. since tho village established board (and the county hcrtlth Greenport always looking at what's go- =c new development's high. i to have contributed to the A ommons water on the streect, 4he in- )f dry wells by the devcloper •29,0W sq.n-of retail specialty shop pea locatod at ding. th4 Hersoctlon of Main t.and Notch d-, Greenport ind that the sign on the gates • 500 I'L road lrontaga - Now England architecture °ndieatc all 4f Pay aCach is • 2 drive-in windows- 203 car parking •Occupancy March 100 y All Neal tro4as wetcomo to bid. Now under constmcbon. club. If he perseveres a few Office guiles available. 'SUMS ect beyond the gates, the ill re For Lease Information ^��'�:'^ �'"- _ ,markeedd road --he has traversed a the Island's 1 ■5 ■4 00 — for suddenly he will come 801 Motor Parkway ?n announcing Dinah Rock Hauppauge, Long Island, NY 11768 tic first such indication that ,csidenis cast of the gated, It Manufactured by JULIUS BLUMBERG,INC. NYC 10013 tIS ME 0WG _ - -- JUL 2,3 Edwin Fishel Tuccio ® t y IdCiTSID REAL ESTATE BmcER _ 547 East Main Street ER] Riverhead, New York 11901 0� (516)727-6644 E=blished 1897 July 21 , 1990 Gerard P. Goehringer , Chairman Board of Appeals Town of Southold 53095 Main Road Post Office Box 1179 Southold , N.Y. 11971 Re: Jordan ' s Partners Main Road and Main Street Greenport, N.Y. Dear Mr . Chairman; In support of the application of Jordan ' s Partners, I would like to again reiterate that there is a lack of demand for office or professional space in the Greenport area . When I appeared at the March 15th Southold Town Zoning Board meeting , I had stated that "currently there is no demand for office space in the Town of Southold. " I doubt very much that the Town wants to make the same mistake as Riverhead in approving more office space then is needed. Currently in the Towns of Riverhead and Southold there is over three hundred and fifty thousand (350 ,000) square feet of vacant office space. The current market will support a price per square foot of seven and 50/100 ($7 . 50) dolars, and yet the extensive vacancies still exist. If this board does not approve the use variance , it may be promoting more office space! One thing that I think you should be aware of is when such a high vacancy exists in a town such as Riverhead, most landlords are able to have their assessments reduced because of a high vacancy factor . When real estate investors grieve their taxes and are reduced by a court order , the town loses a large chunk of their tax base when overbuilt. When you apply the income approach to value, it attempts to measure the intrinsic values of property converting income predictions to a capital figure by formula. It represents what a buyer should pay rather than what he actually would pay. He apparently considers the capitalization of net income. The preferred technique is the approach that gives the most probable selling price, which is found only in the market. In this particular case, Jordan' s Partner ' s would need to lease space at $15 .00 per square foot to carry the property based on current market data. Although no businesses or professional office users executed leases for the Greenport Commons, there were retail users for approximately 50% (fifty percent) of the available space at per foot cost sufficient to carry the center . It is my opinion that based on the current information that I have supplied to the Zoning Board , the Board should only consider the applicant ' s proposal for a mixed retail/business use which would enable the applicant to realize a reasonable return. In conclusion, the Center would be a financial disaster in today' s market if the applicant were forced to lease it only for office use. rel �ce Win Fishel Tuc io FF UL HARVEY A. ARNOFF �O ` SCOTT L. HARRIS Town Attorney = Z Supervisor rr+ MATTHEW G. KIERNAN yO Town Hall, 53095 Main Road Assistant Town Attorney P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM 1�@ TO: James Dinizio Jr. Member Zoning Board of 4ofyy l ,JI�L, 13 FROM: Harvey A. Arnof Town Attorney RE: Your note. to me , 1990 - Greenport Commons DATE: July 13, 1990 The following response is being made: 1) The two lease agreements, to the extent I am able to review same, as the entire leases were not provided appear to be legal and valid. 2) The letter from McCrory indicates only an interest to rent in accordance with certain terms subject to the approval of McCrory and does not constitute a letter of intent. It is merely a letter saying that they will "recommend it to the real estate committee a certain proposal" . 3) Finally, I have gone through the list of costs and highlighted those things which I believe are not a valid price. Finally, if you .wish to talk to me in regard to any of of the foregoing, please feel free to do so at Tuesday' s meeting. 39 Sound Road Greenport, NY 11944 July b, 1990 Harvey Arnoff, Esq. C/o Southold Town Hall Main Road Southold, NY 11971 Re: Greenport Commons Dear Harvey: With reference to the above-mentioned matter I am enclosing the following items which were submitted to the Zoning Board of Appeals by representatives of Greenport Commons. The submitted items were in support of a Use Variance at 1000 Main Street and 100 Main Road in Greenport. 1. Two (2) lease agreements. - I would like your opinion as to the legality and validity of these agreements, particularly if the structure was completed on time. 2. One (1) Letter of Intent from McCrory Stores. How binding would this agreement be if the building had been completed? 'Is it, indeed, a letter of intent to lease this 8,000 square feet? 3. A copy of the contracts of sale concerning all of the transactions on this property from May, 1982 until the present time. Mr. F.M. Flynn indicated in his statements to the Board that there may be something wrong with these documents. Please comment as to the legality of these and also the Certificate of Incorporation. 4. A copy of the cost incurred by' the applicant up to and including May 24, 1990. I would appreciate your comments as to which of these costs should be applied to the monetary hardship that this applicant is claiming. For example, is the purchase price of this land ($590,000.00) a valid price or , Harvey Arnoff, Esq. page two July 6, 1990 should only a part of this amount be considered? (It is my understanding that any cost incurred while relying on an invalid building permit may also be applied to this appeal . ) It is very important that I receive this information from you - in writing - prior to July 20 as this appeal has been closed to all but written comments. If I do not hear from you I will assume that all of the above-mentioned items may be considered valid. Thank you very much for your assistance in this , matter. Sincerely, James Dinizio, Jr. , Member Zoning Board of Appeals JD,Jr. ljld enclosures APPEALS BOARD MEMBERS SCOTT L. HARRIS � Fug Gerard P. Goehringer, Chairman �'�` Supervisor Charles Grigonis, Jr. ` �.� � �� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971' James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Southold Town Planning Board FROM: Zoning Board of Appeals DATE: June 29, 1990 RE: Evaluation on Greenport Commons During our Regular Meeting held, Wednesday, June 27, 1990, this Board requested that a site plan evaluation be conducted on Greenport Commons, by the Southold Town Planning Board. Enclosed you will find a copy of the application for a variance and the Agenda of June 27, 1990. If you require any further information please don't hesitate to ask. = Enclosure ZBA/df �J 1 JOHN C. TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS June 11, 1990 SCOTT ZAMEK D Gerard P. Goehringer, Chairman JUN 1 3 4M I Board of Appeals TOWN OF SOUTHOLD i_J 4 ' 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Jordan' s Partners Dear Mr. Goehringer: At the hearing of May 30, 1990, a resident introduced testi- mony regarding the recorded mortgage agreement between the above referenced applicant and the Suffolk County National Bank. His testimony concerned a clause in the mortgage agreement relating to development of the subject premises. In response thereto, I am enclosing the- following items in rebuttal to that- testimony: 1. Affidavit of Peter Almasy, Vice President of Commercial Loan Department for Suffolk County National Bank. 2 . Affidavit of John C. Tsunis; and 3 . Affirmation of Scott Zamek, Esq. Please place these items in the applicant' s file and advise my office when a hearing date has been set. If you require any further information, do not hesitate to contact me. Very truly yours, John C. Tsunis, Esq. BY: CO SZ/krs ZAMEK, ESQ. Enclousures KRS/8-SZ Misc. : GOEHRNGR 801 MOTOR PARKWAY 9 HAUPPAUGE,LONG ISLAND,NEW YORK 11788 9 TELEPHONE 516-582-4000 •FAX:516-582-4256 I L � ROWS ..+1 1 31990 COUNTY OF SUFFOLK: ss. . STATE OF NEW YORK: I, PETER ALMASY, being duly sworn depose and say: 1. That I am over the age of eighteen years and am a resi- dent of the County of Suffolk. 2. That I am Vice President, Commercial Loan Department of the Suffolk County National Bank and have been so employed since April of 1987. 3 . That in February of 1988, I was present at a commercial mortgage loan closing between Jordan' s Park Place, Ltd. and the Suffolk County National Bank in connection with premises located at the intersection of Main Road and Main Street, Greenport, New York. 4. That I was actively involved in processing the commercial mortgage application of Jordan' s Park Place, Ltd. and was fully familiar with the details of the proposed development. 5 . That I was fully aware that the parcel was zoned B-Light Business and that an approved site plan was in place from June 23 , 1986 for a proposed office and retail complex known as Greenport Mall. It was my understanding that the owners proposed to con- struct a 29,000 square foot office and retail complex. 6 . That it has now been brought to my attention that a clause was inserted into the mortgage which seems to indicate that the mortgagor and the mortgagee intended that the subject premises be improved with residential dwellings. 7. That inasmuch as I was present at the loan closing, I can affirmatively state that that clause was not inserted by any- one from the bank (I do not know whose initials follow the clause) and that it was not the bank' s understanding that the owners ever proposed to have the premises residentially improved. 8. That I have also been advised that since August 1, 1987, the Suffolk County Clerk' s Office, Mortgage Tax Department, re- quires all mortgages for recording to include one of three clauses, one of which is the clause in question, as a prerequisite for recording, and that is why the clause, although it is the in- correct one, has been added to the mortgage. The clause which was added in order to record the mortgage was "this mortgage covers property principally improved or to be improved by one or more structures containing in the aggregate not more than six resi- dential dwelling units, each having their own seperate cooking facilities. " The clause which should have been added was "this mortgage covers property not to be improved by one or more structures containing in the aggregate not more than six residen- tial dwelling units, each having their own separate cooking faci- lities" . 9. That in conclusion, the loan to Jordan' s Park Place, Ltd. was given by the Suffolk County National Bank with full knowledge that from the inception of. the transaction, the proposed develop- ment on the parcel was for office and retail space and the owners never intended residential development. SUFFOLK COUNTY NATIONAL BANK BY: .PETER ALMASY, Vice President Commercial Loan Department Sworn to before me this It'` day of June, 1990. NOTARY PUBLIC ROBERT C. DICK Notary Public, State of New York No, 4518.q67 Qualified in Suffoa County Commission Expires June 30, 19q® , D COUNTY OF SUFFOLK: JM 13 19M ss. : STATE OF NEW YORK: , I , JOHN C. TSUNIS, being duly sworn depose and say: 1 . That I am over the age of eighteen years and am a resi- dent of the County of Suffolk. 2. That I am the President of Jordan' s Park Place, Ltd. , a New York Corporation, and am fully familiar with the facts and circumstances surrounding its commercial mortgage of Premises at the Southeast corner of Main Road and Main Street, Greenport, New York, with the Suffolk County National Bank. 3 . That prior to February 18, 1988 I , on behalf of Jordan' s Park Place, Ltd. , made application to the Suffolk County National Bank through its Vice President, Peter Almasy, for a commercial mortgage in the sum of Four Hundred Forty Thousand ( $440,000. 00) Dollars. 4 . That at that time, I indicated to Mr. Almasy that an ap- proved site plan for the commercial development of the premises was in hand and that it was the intent of Jordan' s Park Place, Ltd. to develop the parcel commercially in accordance with those plans. 5. That on behalf of Jordan' s Park Place, Ltd. , no intent to develop the parcel residentially was ever expressed to Mr. Almasy or the Suffolk County National Bank. 6 . That on February 18, 1988, the aforementioned loan with the Suffolk County National Bank closed with myself in attendance on behalf of Jordan' s Park Place, Ltd. , and Peter Almasy representing the lender. The loan was made contingent upon development of the parcel commercially as indicated in the approved site plan. 7 . That neither he nor I were aware at that time that the clause concerning residential development of premises had been or was going to be inserted into the mortgage document, and I know that it was not inserted at the closing inasmuch as it was not brought to my attention, and my fully executed file copy of the mortgage does not contain the clause. 8 . That the first time I became aware of the existence of this clause was at the Zoning Board of Appeals hearing held on May 30, 1990 when Mr. Flynn presented a copy of the recorded mortgage to the Board. 9. That despite the inclusion of the clause, which I have since learned is one of three clauses which is required as a condi- tion for recording by the Suffolk County Clerk' s office, the loan to Jordan' s Park Place, Ltd. was made as a commercial loan and continues to be classified as such. JOHN T 'UNI Sworn to before me this day of June, 1990. NO ARY PUBLIC KAREN R.NWWAN *NwV No ft Stat�S NGW�Y4* O �.t+�M{1.1 D JM { 310 SCOTT ZAMEK, ESQ. , hereby affirms the following under penalty of perjury: 1. That . I am an attorney licensed to practice law in the State of New York and am making this affirmation in support of JORDAN' S PARTNERS application to the Zoning Board of Appeals, Town of Southold, for a Use Variance. 2 . That on May 30, 1990 at a public hearing before the Zoning Board of Appeals, a Mr. Flynn introduced into evidence a copy of a page from the recorded Mortgage agreement between Jordan' s Park Place, Ltd. and the Suffolk County National Bank which contained a hand- written clause concerning residential improvement of the property as follows: "This mortgage covers property principally improved or to be improved by one or more structures contain- ing in the aggregate not more than six residential dwelling units, each having their own seperate cook- ing facilities. J L B, as agent" 3 . That I have reviewed the closing file of Jordan' s Park Place, Ltd. and found that the executed file copy of the aforemen— tioned mortgage agreement does not contain the above clause. 4. That my further investigation has revealed that Mr. Peter Almasy, Vice President, Commercial Loan Department, Suffolk County National Bank, was not aware that that clause was inserted into the mortgage document either during or after the closing of the loan, and that the transaction was and continues to be classified by the .bank as a commercial loan. In fact, the loan was approved in part by the bank in reliance upon the approved site plan for a commercial office/retail center. 5. That I also inquired of the Bank' s attoneys, Smith, Finkelstein, Lundberg, Isler and Yakaboski, and was advised that they were unaware that the subject clause had been inserted into the docu- ment after the closing of the loan and that they did not know who ini- tialed the clause as agent. 6 .- That I was advised by the title company which provided the title insurance and which had a representative present at the closing that they did not know who initialed the clause -nor did they know why that particular clause was inserted. They were however able to pro- vide me with a copy of a memorandum circulated by the Mortage Tax De- partment of the Suffolk County Clerk' s office (see copy annexed) which advises of a new law which requires all mortgage documents that are to be recorded to contain one of three clauses concerning development of the mortgaged premises. 7 . That the conclusion of all parties to whom I have referred is that for purposes of recording, someone (apparently "J L B" - al- though no one knows who this person is) inserted the subject clause after the closing of the loan and evidently the clause was not the correct one which would accurately reflect the intentions of all parties concerned. 8 . That the clause which would have accurately reflected the parties intention as to development of the subject premises and which should have been inserted into the mortgage is as follows: "This mortgage covers property not to be improved by one or more structures containing in the aggregate not more than six residential dwelling units, each having their own separate cooking facilities. " 9 . That based on the foregoing, I respectfully submit that the clause which appears in the recorded mortage was placed there in- correctly, and should not be construed so as to limit the mortgagor' s intentions as to development of the parcel. e c.f e) Co AIR9K, ES 7': KRH/1-GREENPORT COMMONS: AFDVTSZ e➢OHN C. 7l SUMS ATTORNEY AT LAW JOHN C.TSUNIS June 11, 1990 2 a Rn SCOTT ZAMEK r L5 1J _ 6 Gerard P. Goehringer, Chairman Board of Appeals TOWN OF SOUTHOLD 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Jordan' s Partners Main Road & Main Street Greenport, New York Chairman Goehringer: Enclosed please find a letter which my client received in connection with. its property as referenced above: I am delivering this to you so that it may be placed into the applicant' s Appeals .file, and so that the board can more fully appreciate the hardship which my client is laboring under. Thank you for your anticipated cooperation. Very truly yours, John C. Tsunis, Esq. BY:, i SCOTT ZAMEK, ESQ. SZ/krs Enclosure KRS/8-SZ Misc. : GOEHRNGI 801 MOTOR PARKWAY•HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000•FAX:516-582-4256 "Quality Products - with that personal touch" 321 Neighborhood Road, Mastic Beach, N.Y. 11951 • (516) 281-9834 June 6, 1990 John C. Tsunis Jordan Partners 801 Motor Parkway Hauppauge , N.Y. 11788 Dear Mr: . Tsunis : This letter is to terminate the lease agreement which was held for Greenport Commons . As per page 2 , paragraph F "In the event that construction of the leased premises is not sub- stantially completed on or before June lst , 1990, the leasee has the right to terminate the lease by giving the other par- ty notice in writing within 15 days of the above date" . It is unfortunate that you are having problems with Southold Township but I cannot stop my growth by waiting for decisions to be handed down. I would appreciate it very much if my security deposit in the amount of $7 ,426. 00 would be returned to me at P.O. Draw R, Miller place, N.Y. 11764. If by some chance in the near future the township reversed their decision, I would appreciate it very much of notifica- tion of same and we could once again sit- down and discuss this location as a possibility for a "SHOP WITH U3 FOOD STORE" . It was a pleasure meeting you and your associates . Very truly urs , SP:jp Stephen PlesniX, Pres . SHOP WITH US CORP. J - 1 ' i S Conunons 0W, In —N ` sRp y r 2x s ti 7 P r 5 e R IRV- fN 0 29,000 SQUARE FEET OF RETAIL SPECIALTY SHOPS e FEATURING NEW ENGLAND ARCHITECTURE • 203 CAR PARKING 0 500 FEET FRONTAGE ON S.R. 25 TO ORIENT POINT FERRY & GREENPORT VILLAGE e OCCUPANCY SPRING 1989 FOR LEASE INFORMATION TSUNIS- I A CIAIyS3o INC lu EXCLUSIVE BROKER 801 MOTOR PARKWAY • HAUPPAUGE, LONG ISLAND, NY 11788 • 516-582-4000 FAX#516-582-4256 DEVELOPER:JORDAN'S PARK PLACE, LTD., 801 MOTOR PARKWAY, HAUPPAUGE, N.Y. 11788 T Greenporf Commons I EAST MARION 1 THE CIO i I IDoI NI 1 w I s1 � i P.S \ al /SLANa.91\ TN S END E O •IC v SOUND S R L I N G 60Lf 0 i a\�� BEM. 0 v P �3 o COUNTRY D CL G i UB UM y� INLET pPOND P=�2 y - \ C 7,p >�,• 3 � jt()N P b1 P �r OP (lrr o YORTN U 9L 0.��` ,(,\�•". iti i` WLVie48LAO ETT z o 'NPv�':+'v ST/RLING I a a °'a `�:. BENN o K 0 ly to- A,Lo r 'W 0-1- 3,,� O aO1.1 N PL� 4 2 CEN. 2 p = aa `QRT 1 1 m'I ASNIgG1�ONiOO Syr'. \ y rl OSPRET Rp �f P P EU- y4O- 'ss Gil P. I V CNN. u,�r P• t'r F� /11 \ O W.y 1 if/�Y.II SaJOHNSO� AS S IP sL C6NE5 U�/Aa nh, y .t►vrrs 1 S2ZVer CT BROAD ST 9s r, q�v (JTNOLD TRN NORT °/ /" Cleves Pl SO _ N S z NORTH T 6�3'U�/ ST �� �_'J nAo`\1� QSlP//-1I�'�_•aa N�ar-n,a� E�I NyG_A J 25 a aCAOSEISTEPI IFAPIS A,k \ o�? ' SHELTERTE ISLAND wE•Sr av wFgrQENTER •T PARK LUDLU 0zC0LT14SPI OAk /� SOUTH STav�± �`r��n nT / FROS1Q'� GRr:ENP ' R L�QV Beach Pl ST Zu-G e•rw �rwo N 0 R T.e rI R 0 A SD (S.R 25) 1$Mn PARCEL N/ m.. ./ Y If1^h-1}-y ^. 8- KEY NAP TEST BO IA1 ­---'SITE DATA (awrcei N..I) ... LEGEND r �I 1 ___ � S �..• soa) ,. I`h1 ^fr z c56�%" IC— x us b dk�j ii- kill wuery ur L LANDSCAP/N•uLE=END N IN• ' �� =w�iY 1 ¢.• x DRAINAGE CALCULATIONS tr•e...r...) .NN.iR 1 <' I` ; >�.* IY. f•. a �• _-D'� nvl[eerc. r u.a r ` ...-r` `I •} '9k i I _ 'J. _ __ r' 8 L .wvmur.r4,A�i9 s •_42S_. 11 S>I•>f'b• y�x SY.4> ti Nee>n 1 1I•. �-r rbl '� •1�, ^•, = 1 P E a a `A;<v. urrcxmr ..r,[u,.w ¢:%o.e(wa[.. .wasur,rc isu ,00z`r s=a r. Is x ro'/ I Im[ ■! I � � 1 � xiu e s»an 91>sir eor 4=3>rr/rovxo SANITARY DESIC14 i _r \, 71 F-`� �� � .••r >o<._ .ii oa m=>r.=. I �;—eG/.b9.. �I ro'O.ry>oit�K19 rr[. <[r nic. .�,.'10�33<ro � I I �•'�I•e. L71 I[U Je S O.:r .I> . r 1 I I _ Mx el9[ }.,,",°° ,�(y<•. � t u[eilou4di .'°e"e¢'%'�.e`u�r:°:�i re,. G'%.r?o[V�>2'rf'/m•'•4io�4 [u.ol�.+e it 'r t � 19Q c SOS.<Io u u, J� u 1a•r n.+r :wa uv`•sr.rr a>ee>i 1 uonxn u'Oro m r✓a K N A P P P I- A C E PARK/N6 8¢EAKDOWN - .(m' •,x) .,<.¢emo.wu Qua�. r4.-/,r.rte arra ¢i ee:�:ec 1e�<uV �ayi- �� e'1 LILN`ING LEGEND •-5PECIFICAT�ON .a T rc G'1'4• f urY far y>r C�ECNPORTR=NA�Lu + .�G--�� I �T� n Yu¢xn rew buxrr I+•avno.. m<n m[" e4 pff� Hobert Nb¢r- IC II¢CC SEPTIC TANK Y.NITARY-�.tAANINO POOL '+,14 PLAN re,. SITE PLAN MEMORANDUM OF LAW FACTS r� Rd,/sa,yi.1 This Memorandum of Law is submitted in support of Jordan' s Partners application for a Use Variance to permit construction of a retail/office center. The land in question was purchased by the applicant' s principals in February, 1988 for $590,000. 00 (herein- after referred to as the "PARCEL" ) . The PARCEL, located at the Southeast corner of the intersection of Main Road and Main Street in the Hamlet of Greenport, was purchased with the intent of de- veloping and operating retail shops and offices. The PARCEL was granted the requisite approvals to construct the proposed center including site plan approval, Health Depart- ment approval and a building permit. However, this application has become necessary due to the adoption by .the Town of Southold of a New Master Plan which 'has changed the zoning of the PARCEL from Business to Residential/Office. The RO zone permits as of right development of single family homes on one acre lots. The PARCEL ( 4. 699 acres) was purchased with the proper zon- ing, site plan and Health Department approvals in place. Although the applicant was ready, willing and able to commence construc- tion, a building permit was not issued from 1986 through June, 1989, because water service, although promised- by -the Village Greenport, was not forthcoming. During this three year peribd;; A... ~ the Town Building Department rejected the applicants proposal of. drilling a well even though laboratory tests performed by the ap- plicant indicated that a well was feasible for this location. Inasmuch as the parcel was in effect condemned by the . applicant' s inability to build on the parcel, the applicant appealed to the CZ _ Suffolk County Department of Health, which advised the Building Department that a well could be drilled if municipal water was not available upon completion. A building permit was issued on June 8, 1989. In 1988, negotiations proceeded for the leasing of the PARCEL and two businesses entered into and signed lease agreements: (1) a grocery store and ( 2) a chinese take-out restaurant. Also, McCrory, a national department store chain, signed a Letter of In- tent for 8,000 square feet in the center. Approximately 13 , 000 square feet, almost half of the available square footage, was com- mitted to Tenants. Interest in the PARCEL peaked in late Summer 1989, after the land had been cleared and construction began. However, on November 30, 1989, a Stop Work Order was issued advising the owners that the Zoning was now improper for the con- struction of retail shops as the zone had been changed with the adoption of a new master plan in January of 1989. As of today, the PARCEL has been cleared, . and over eighty ( 800) percent of the foundation has been poured. No additional work has been performed on the PARCEL since the Stop Work Order was issued. The appli- cant' s expenses, including the purchase price of the PARCEL, are currently in excess of Eight Hundred Thousand ($800,000.00) Dollars. ARGUMENT The law in this State is well settled regarding the exercise of discretion by a Zoning Board of Appeals in connection with the granting of a Use Variance. C 3 ) A zoning board must grant an applicant' s variance upon the ground of unnecessary hardship when the following three criteria have been met: 1. That the land in question cannot yield a reasonable re- turn if used only for a purpose allowed in that zone; 2. That the plight of the owner is due to unique circum- stances and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning ordinance itself; 3 . That the use to be authorized by the variance will not alter the essential character of the locality. This three point test was established in 1939 by the Court of Appeals in the leading case of MATTER OF OTTO vs. STEINHILBER, ( 282 N.Y. 71) and has been used as the standard of proof ever since. I will address each of these criteria in an effort to set forth precisely what must be- shown by an applicant, so that it can be said that he has met his burden insofar as showing unnecessary hardship, and that accordingly, the variance must be granted. I . THE LAND IN QUESTION CANNOT YIELD A REASONABLE RETURN It is a well-established rule that a landowner who seeks a use variance must first factually demonstrate, by dollars and cents proof, that he cannot realize a reasonable return by de- veloping or utilizing his property under the existing permissible use. (MATTER OF THE VILLAGE BOARD OF THE VILLAGE OF FAYETTEVILLE v. JARROLD, 53 N.Y. 2d 254, Ct. of App. , 1981) . . L+ The Court, in the Matter of Fayetteville, supra, determined that the requisite dollars and cents proof had not been substan- tiated, and that the granting of the use variance was not warrant- ed. The court found that the conclusory testimony of both an architect and real estate broker for the purpose of establishing the unfeasibility of residential development were insufficient, in that neither supported his testimony with concrete facts. There were no estimates for special construction costs or competitive market values in the area. No substantial proof as to the unsale- ability of the PARCEL was offered and there was no evidence con- cerning the purchase price of the land or its current value. Ac- cordingly, the record was found insufficient to substantiate the Board' s granting of the variance. The case at hand clearly can be distinguished. The record shows that the PARCEL was purchased in February of 1988 for $590,000.00. This cost reflected the fact that an approved site plan for a retail/office center was in place. Additionally, the applicant has produced proof of expenses related to the carrying and developing of the property in the amount of $236,000.00. It should be noted that approximately $75,000.00 of these expenses were incurred in reliance upon a building permit issued in June of 1989, and subsequently withdrawn in- November of that year, and may be included by the -applicant in making its proof. "Expenditures made in good faith reliance on a subsequently in- validated permit may be properly considered on an application for a variance on the ground of hardship" . (MATTER OF JAYNE ESTATES v. RAYNOR, 22 N.Y. 2d 417) . r - Further, in ELLENTUCK v. KLIEN, ( 51 A.D. 2d 964) the Appellate Division, Second Department, confirmed the granting of a use variance where the applicant " . . .had made vast expenditures in good faith reliance on the previously issued alteration permit" and " . . .the denial of a variance would inflict a devastating financial blow" (Supra, at page 964) . The applicant has also submitted proof from a licensed real estate broker, that the present value of the PARCEL would be $180,000.00 if forced to be developed or utilized under the existing use. The unfortunate and irrebuttable result is that the applicant will suffer a horrific economic loss in excess of $645 ,000.00 if the use variance is denied. It should also be noted that there are additional costs which the applicant would incur in order to make the PARCEL suitable for residential de- velopment which have not been calculated into this damage amount ( i.e. removal of existing foundation, subdivision apprvoal etc. ) To put this in proper perspective, it has been held that a yearly rent of thousands of dollars less than the annual debt service is not a reasonable return (FOSTER v. SAYLOR, App. Div. , 447 N.Y.S. 2d 75) . Clearly, this applicant will.. not realize a reasonable return if it must develop the PARCEL residentially. Surely, the applicant' s burden in this regard has been met. II . THE PLIGHT OF THE OWNER IS DUE TO UNIQUE CIRCUMSTANCES Prior to the granting of a use variance, it must also be shown that the plight of the landowner is due to unique circum- stances, and not to the general conditions in the neighborhood which may reflect the unreasonableness of the zoning ordinance itself (MATTER OF OTTO v. STEINHILBER, supra) . The court in Matter of Otto, held that the burden had not been met with respect to "uniqueness" , because the owner had failed to produce evidence showing that his situation was unique and distinct from that of other owners whose properties fronted on the commercial road in question. This deficiency is not present in the case at hand. Expert testimony offered on behalf of the applicant has but- tressed the contention that the plight of the applicant is in fact due to some very unique circumstances which relate only to this PARCEL, and cannot be said to be a result of general conditions in the neighborhood. The PARCEL had initially been zoned for commercial develop- ment, a site plan for a retail/office center had been approved and a building permit was issued. Thereafter, and prior to the issu- ance of the Stop Work Order,- the land was cleared and a foundation was poured. For no other PARCEL in the area is this true, nor was any other PARCEL changed from a commercial zone to a residential/ office zone and the testimony offered has brought these facts ,out. The subject PARCEL is also located at the only major intersection in the locality and directly across the street- there is located a large established restaurant. At this intersection, there is currently a blinking traffic light, and plans for a three color traffic light have been developed and its installation is immi- nent. These conditions are all very unique and distinct to the sub- ject PARCEL and to no other in the neighborhood. For these reasons, a hardship is created which precludes residential de- velopment of this PARCEL. As a matter of law, "Uniqueness does not require that only the PARCEL of land in question and none other, be affected by the condition which creates the hardship. What is required is that the hardship condition be not so generally applicable throughout the district as to require the conclusion that if all parcels similarly situated are granted variances, the zoning of the district would be materially changed" . (MATTER OF DOUGLASTON CIVIC ASSOC. , INC. vs. KLEIN,, Ct. of App. , 1980, 435 N.Y.S 2d 705) . In applying the above rule of law to this case, it must be concluded that .the applicant' s plight is unique as there are no similarly situated parcels of land in the locality. III . THE USE TO BE AUTHORIZED WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY The final proof required is that the use .to be authorized by the variance will not alter the essential character of the local- ity. In making this determination, the Board must take a number of factors into consideration. The PARCEL is located at the intersection of north Road (State Route 25) and Main Street and fronts on North Road. This intersection is the major intersection in the locality and is currently controlled by a blinking traffic light. Directly north of the site there is a large restaurant, Porky' s, located in a limited business zone. Although there are residences abutting the parcel to the east and south it should be noted that they are situated on lots which aeverage less than 10 ,000 square feet. If this variance is denied, the applicant could rightly build only four single family homes on the PARCEL on 40,000 square foot lots. Consequently, residential development of this type would not be in conformity with the essential character of the locality. Also, all but three of these homes back up to the PARCEL, are set back a significant distance from the property line, and have ample buffering. Inasmuch as I have found no case which is precisely identical to the situation at hand, I will analize a number of cases to sub- stantiate that the granting of this use variance will not alter the essential character of the locality. Robert M. Anderson is a leading scholar in the area of New York Zoning and his work is often cited and relied upon by the courts in this state in rendering their. decisions. In his book, New York Zoning Law and Practice, Third Edition, Volume 2 (1984) , he deals with this last criteria and discusses what must be considered in determining whether or not the granting of a use variance will alter the essential character of a local- ity. He cites the case of Di BARI v. BOARD OF STANDARDS & APPEALS, 1 NY 2d 756, for the proposition that- a variance for com- mercial development in a residential zone was properly denied be- cause it appeared that the instrusion of retail stores would dis- rupt the residential neighborhood. However, in Di BARI, the ap- plicant' s property was located in the midst of a neighborhood and surrounded by residences. Additionally, there was no proof offer- ed that the property could not be practically utilized for a resi- dence. Because of its location within the neighborhood, the court felt that the granting of the use variance would disrupt the peace and quiet of the neighborhood (emphasis supplied) . The subject parcel however, does not present these problems. It is not located within a neighborhood but instead, fronts a major thoroughfare at the busiest intersection of the locality. Accordingly, it cannot be said that commercial development of the parcel would intrude upon and disrupt a neighborhood. In assessing the effect of commercial development on a neigh- borhood the courts have pointed out that: "The objecting property owners who have selected this neighborhood as a quiet residential district in which to live and bring up their children are entitled to the pro- tection of the court" (MATTER OF HOME FOR HEBREW INFANTS v. HAND REALTY CORP. , 131 Misc. 581) . In that case, .the applicant sought a variance to build a public garage on a residentially zoned- piece of property which he pur- chased in a residential section of the Bronx. The Court vacated the permit which had been granted upon. a finding that the testi- mony before the Board did not establish any unnecessary hardships, and noted further that "the practice of buying sites in restricted districts in the lively hope the Board may find that it would be an "unnecessary harship" to compel the erection of a residence or residences should not be encouraged" (MATTER OF HOME FOR HEBREW INFANTS, Supra, Page 584) . This case is dissimilar to. the one at hand. The homeowners in the area of the PARCEL cannot point to this type of reliance upon a zoning district which would compel the court's protection due to the fact that prior to January, 1989 , the zoning of the parcel permitted the development for which this variance is sought. No resident can be heard to say that they purchased their home with the knowledge that no commercial property would be developed in the immediate vicinity. Further, as previously stated, this parcel is not located within a residental neighbor- hood but rather, abuts it and fronts on a main artery. Also, this is not a case where the applicant purchased pro- perty in the hopes of proving a hardship in order to develop in a nonconforming manner. On the contrary, the applicant purchased "with his (its) eyes open" and sought only to do what was pre- viously approved by the municipality. A further consideration which must be weighed by the Board in .rendering its determination is the effect the proposed use will have on traffic in the locality. A number of decisions have cited the increase in traffic which would result from the granting of a variance as a ground for denying the proposed use. For instance, in MATTER OF ROSTLEE ASSOCIATES,_ LTD. v. AMELKIN, 503 N.Y.S. 2d 902, the Appellate Division determined that a use variance should be denied when the evidence indicates that the proposed use would generate extensive traffic and thus create a commercial atmosphere in the neighborhood. Once again, such is not the case here, where the evidence produced is to the contrary. Most of the users of this center will come from traffic already on the roadway, and there will be no impact on the adjacent neighborhood, inasmuch as there is no direct access from it to the center. Also, expert testimony indicates that there is at present no traffic problem in the area and there will be none created if this use variance is granted. Another aspect to be considered is the compatibility of the proposed use with the area around the subject PARCEL. The holding of the Appellate Division, Third Department, in the MATTER OF KONTOGIANNIS v. FRITTS, 516 N.Y.S. 2d 536, 1987, cited the work of Mr. Anderson for the statement that "if the variant use is compat- ible with the area, it will not change the essential character thereof, although it is inconsistent with the zoning restrictions of the district" ( 2 Anderson, New York Zoning Law & Practice, Section 23 . 29 at 198 [3d ed. ] ) . In KONTOGIANNIS, _the applicant sought a use variance to build a multi family dwelling in a zone that previously permitted this type of development but was rezoned to single family residences. He sought to convert an obsolete recreation facility by altering the interior without change to the existing building and was sub- sequently denied by the Zoning Board. In reaching the conclusion that there was_ no showing that the essential character of the neighborhood would be altered the court made a two-fold analysis. First, the subject parcel had initially been zoned for the proposed variant use, although developed at that time for a different use. Second, the applicant proposed no exterior changes to the existing building which evidently was aesthetically compatible with the neighborhood. f 01� The court concluded, that under these circumstances there would be no alteration of the essential character of the neighborhood through the granting of the use variance. The situation at hand closely resembles that found in KONTOGIANNIS. The subject PARCEL was previously zoned for the use sought, and the proposed development will use New England Archi- tect so as to be compatible with the locality. Accordingly, the conclusion that there will be no alteration of essential character should be reached. Finally, the existence of similar uses in the vicinity of the proposed site must also be considered. In the MATTER OF HANNA v. CROSSLEY, 40 A.D.2d 577, App. Div. , 1972, the court noted that there was a commercial greenhouse and a service station in the im- mediate area of the proposed commercial use and, inasmuch as the record was demonstrably lacking in evidence sufficient to support a finding of alteration of essential character, the board' s determination as to same was- found to be erroneous. As previously stated, in the vicinity of the parcel there are a number of compatible uses. Directly North, there is a large established restaurant, Porky' s, which can seat upwards of 200. people. To the East there is a large limited business zoned parcel which currently houses a number of professional offices. And finally, I once again must point out, that these uses, and the proposed use, all front on to a main thoroughfare, State Route 25 . Under all of the foregoing circumstances, I believe that the only conclusion which can be supported by substantial evidence is the granting of the applicant' s use variance. Any other determ- ination would be arbitrary and capricious, and hence, an impermis- sible exercise of the board' s discretion. KRH/1-GREENPRT COMMS: MEMPGI-5; MEMP6-10; MEM11-13 � s3y J®HN (Ce TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS May 30 , 1990 SCOTT ZAMEK HAND DELIVERED Zoning Board of Appeals TOWN OF SOUTHOLD, TOWN HALL 53095 Main Road Southold, New York 11971 Re: Jordan' s Partners Main Road & Main Street Green ort, New York Dear Gentlemen: In connection with the above referenced applicant, enclosed please find the following: 1. Deed to Jordan' s Park Place, Ltd. ; and 2. Deed from Jordan' s Park Place, Ltd. to Jordan' s Partners. Please place these items into the ZBA hearing file for Jordan' s Partners. Thank you for your cooperation. Very truly yours, John C. Tsunis, Esq. BY: COT ZAMEK, ESQ. SZ/krs Enclosure KRH/1-GREENPORT: ZBAPPEL3 801 MOTOR PARKWAY 0 HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000•FAX:516-582-4256 1 tilnndnrd N.Y.11.T.U.Form 80024 —20i(•—Mirrnin and Hulr DNA, With COvPnant agninst or'n Acts—Indlvldual or Corporation. (single shrr;) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 10814 P1149 THIS INDENTURE,inade the _ day of February , nineteen hundred and eighty—nine f '> BETWEEN JORDAN'S PARK PLACE, LTD. . 801 Motor Parkway, Hauppauge, New York (2/3 interest) and PANTELIS PAPAZOGLOU .c/o 801 Motor Parkway, Iauppauge, New York (1/,3 interest) party of the first part, and JORDAN'S PARTNERS 801 Motor Parkway, Hauppauge, New York (2/3' interest) and PANTELIS PAPAZOGLOU C/o 801 Motor Parkway, Hauppauge, New York (1/3 interest) party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, will, the buildings and iuiprovenients thereon orected, situate, lying and being indite at Southold, County of Suffolk, '.Town of Southold and State of New York, bounded and described as follows: BEGINNING, at the northerly end of a line which connects the easterly side of Main Street with the southerly side of North Road and from said point of beginning; running thence North 74 degrees 08 minutes 00 seconds East along the southerly side of North Road 498.74 feet to land now or. formerly of Davids; thence along said last--mentioned land and land of Zevits, Angevine, Thilberg and Critchlow, South 33 degrees 37 minutes 20 seconds East 343.07 feet to land now or formerly of Flatley; thence along said last—mentioned land and land of Moore, Begley and Stavoh, South 74 degrees 33 minutes 30 seconds West 194.18 feet; thence along the westerly side of said land now or formerly of Stavoh, South 26 degrees 26 minutes 10 seconds East164.64 feet to the northerly side of Knapp Place; thence South 72 degrees 43 minutes 40 seconds West, along the northerly side of Knapp Place 79.97 feet to land now or formerly of Green; thence North 26 dea.rees 23 minutes '40 seconds West along said last—mentioned land 167.24 feet; thence still along said last—mentioned land of Green and lands of others south 74 degrees 33 minutes 30 seconds West 352.65 feet to the easterly side of Main Street; thence along the easterly side of Main Street North 25 degrees 25 minutes 20 seconds 4 West 236.36 feet; thence along the aforesaid line which connects the southerly side of North Road with the easterly side of Main Street North 19 degrees 25 Q `PP9 f minutes 40 seconds East 109.04 feet to the southerly side of North Road at the miJi1' point or place of BEGINNING. Q11 1tVin>a Being and, intended to be the same premises conveyed to the parties of the first 3 part herein by deed dated February 18, 1988. TAX NTMI 01:SIGNIiV110N 1)1,1. 1000 TOGFTIIhIZ with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TUGjsr Elt with the appurtenances S,•:. O 34.0,C and all the estate and rights of the party of the first part in and to said pretuises; "TO IIAVG AND 1O IIOLI) the premises herein granted unto the party of the second part, the heirs or successors and assigns of I,Ik. 02,0D the party of the second part forever. I.ni(s): Odl.00c AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the p:trty of the first part, in compliance with Section 13 of the Lien Law, covenants that the party oP the first part will receive the cousideratiot► for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the iinprovenlent and will apply the swine first to the p,ynicut of the cost of the in-1proveulent before using any part of the total of the saiue for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed''Aie day and year first above written. -.^�.,^.." ..�. .--,�., .�.. , VLU ORDAN'S PARK PLACE LTD. IN PRESENCC OF: u 191394ULM, BY: . f AX hn C. Tsunis, resident ')LK Pante].i.19 Papa _ u�og] �IAIk Ui- I.L1Y VU111\, V.'"u 146 F '.01 SUI-TUL K-Pon the 151II day of February 19 89 before me On the i day of 19 , before me Ir-'VersonitIly came personally came _ PANTELIS PAPAZOGLOU 1 to me known to be the individual described in and who to me knrrivn to be the individual described in and who "Iddxecuted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that roe executed the same, executed the same. �;� SCOTT ZAMEK NOTARY PUBLIC,State of New York R No.52.4894049,Suffolk Cou ty Term Expires April 20, 19*, STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF SS: On the 1511I clay of. February 1989 before me On the day of 19 before lne personally came John C. Tsunis personally came to me ]mown, who, being by me drily sworn, did depose and the subscribing witness to the foregoing instrument, with say that Ire resides at No. 801 Motor Parkway whom I am personally acquainted, who, being by me drily Iauppauge, New York 11788 sworn, did depose and say that lie resides at No. that he is the President of JORDAN'S PARK PLACE, LTD. that he knows , the corporation described in and which executed the foregoing instrument; that he to he the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that lie, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed lilt, name thereto by like order. at the same time subscribed h name as witness thereto. SCOTT ZAMEK NOTARY PUBLIC,State of New York No.52.4894049,Suffolk County DQ Terin Expires April 20, 19 39argailt aub male �Deeb SECTION 34 WI'Ill COVENANT AGAINSI, GRANIOR'S Ac'Is -I'ITLE NO. J 7a/-ACC O M BLOCK 2 LOT 1 JORDAN'S PARK PLACE, LTD. and COUNTY OR TOWN Suffolk PANTELIS PAPAZOGLOU, TAX DILIANG ADDRESS 801 Motor Parkway TOHauppauge, N.Y. 11788 , JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU Recorded Al Request of The.Title Guarantee Company RETURN BY MAIL TO: I STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS SCOTT ZAMEK, ESQ. Uh,rlaurrd by 801 Motor Parkway J TITLE GUARANTEE- Hauppauge, New York 11788 NEW YORK i Zip No. ATICOR TITLE INSURANCE COMPANY i e I c I r iV lbri i)Standard N.Y.B.I.U.Form 8U gain and Sale Deed,with Covenant against Grantor's/ dividual or Corporation(Single Sheet) CONSULT YOUR LAWYER BEFORE JING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. r This Indenture, made the 16:, "'day Of February nineteen hundred and eighty-eight Between GEORGE MESAIKOS, residing at 430 West 23rd Street, New York, New York 10011, PANTELIS PAPAZOGLOU, residing at 82-26 235th Street, Bellcross Manor, New York 11427,. CON.STANTINOS ZERVOS, residing at (no #) Main Road, Orient, New York 11957, and GEORGE TSAVARIS, residing at 2170 The Strand, East Marion, New York 11939, p rty of the first part, and JORDAN' S PARK PLACE, LTD. , 801 Motor Parkway, Hauppa} ge, New York 11788 , 4 -3 i n G3,d1 V3 'kl/cies Gi 5 D S 0 k-)fs 10 party of the second part, SECT. 034 . 00 Witnessetft,that the party of the first part,in consideration of Ten Dollars and othervaluable consideration paid by thu Imrty of thu tincond liiirt,dooti huruhy prmit furl ruluusu unto thtt holly of thu uuoolld I1al 1,Iho hairs of.sul:t:ouuni ti ll.l�l_II_Il: 111111 II+I+Ilflll!t II1 I1I!! Illllly III I II! !ll!I;I II III poll ll!INUllll 02 . 00 All that certain plot,piece or parcel of la situate,lying and LOT being kAnc at Southold, County of Suffolk,' Town of Southold and State of 001 . 000 New York, bounded and described as follows: BEGINNING at the northerly end of a line which connects the easterly side of Main Street with the southerly side of North Road and from said point of beginning; running thence North 74 degrees 08 minutes 00 seconds East along the southerly side of North Road 498 . 74 feet to land now or formerly of Davids; thence along said last-mentioned land and land of Zevits, Angevine, Thilberg and Critchlow, South 33 degrees 37 minutes 20 seconds East 343 .07 feet to land now or formerly of Flatley; thence along said last-mentioned land and land of Moore, Begley and Stavoh, South 74 degrees 33 minutes 3Q seconds West 194 . 18 feet; thence along the westerly side of said land now or formerly of Stavoh, South 26 degrees 26 minutes 10 seconds East 164 . 64 feet to the northerly side of Knapp Place; thence South 72 degrees 43 minutes 40 seconds west, along the northerly side of Knapp Place 79 . 97 feet to land now or formerly of Green; thence North 26 degrees 23 minutes 40 seconds west along said last-mentioned land 167. 24 feet; thence still along said last-mentioned land of Green and lands of others south 74 degrees 33 minurtes' 30 seconds west 352 .65 feet to the easterly side of Main Street; thence along the easterly side of Main Street North 25 degrees 25 minutes 20 seconds west 236 . 36 feet; thence along the aforesaid line which connects the southerly side of North Road with the easterly side of Main Street north 19 degrees 25 minutes 40 seconds east 109 .04 feet to the southerly side of North Road at the point- or place of beginning. Being and intended 'to be the same premises conveyed to the parties of the first part herein by deed recorded in Liber 9185 cp.438 and Liber 10080 cp.537 . Together with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises;To Have And To Hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideratior as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties"whenever the sense of is indenture so requires. In Witness Whereof, the party of the first part has duly executed this deed the d nd year first above written. IN PRESENCE OF: "n e-- , l anteli-s Papazo ,u --- - Co stantinos Lervos . Georg Tsavar s STATE OF NEW YORK, COUNTY OF SUFFOLK ss: STATE OF NEW YORK,-COUNTY OF SUFFOLK ss: On thV1lyV -tday of February 1988 , before me On the/(f day of.February 19 88, before me person came GEORGE MESAIKOS and personally came CONSTANTINOS ZERVOS and PANTELIS PAPAZOGLOU GEORGE .TSAVARIS to me known to be the individuals described in and who to me known to be the individuals described in and who executed the foregoing instrument, and ac nowledged executed the foregoing instrument, and acknowledged that theyexecuted th e. that they execute t e same. r c Notary . li.c Notary , lic EDERICY. J. TEDESCNI NOTARY PUBLIC, Stalo of New FREDERICK J. TEDESCNI No. 52-3945400 ilf!`OTARY PUBLIC, Slate of New 110 Qualified in Suffolk County / No. 52-3945400 .�ummission Expires March 30, lt�fJ/ Qualified in Suffolk County r '%aettmission Expires March 30, we STATE OF NEW YORK, COUNTY OF ss: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known,who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that lie resides at No. whom I am personally acquainted, who, being by me duly sworn, did.depose and say that he resides at No. that he is the ; that he knows of to be the individual the corporation described described in and who executed the foregoing instrument; in and which executed the foregoing instrument; that he that he, said subscribing witness, was present and saw knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed-by execute the sarne; and that lie, said witness, order of the. board of directors of said corporation, and at the same time subscribed h name as witness thereto. that he signed h name thereto by like order. ujitttit tttt �pk� ;Jalp �l SECTION" With Covenant Against Grantor's Acts ~" BLOCK LOT' Title No. . .. COUNTY OR TOWN GEORGE MESAIKOS, PANTELIS PAPAZOGLOU, CONSTANTINOS ZERVOS and GEORGE TSAVARIS. Recordod at Request of l�-'LIFE TITLE INSURANCE TO 'Company of New York RETURN BY MAIL TO JORDAN' S PARK PLACE, LTD. SCOTT ZAMEK; ESQ. Standard Form or New York . . OFFICE OF JOHN C.. TSUNIS,ESQ. Board of Title Underwriters 801 MOTOR PARKWAY Distributed by HAUPPAUGE, N. Y. 11788 U-111FE TITLE INSURANCE Zip No. Company of New York w pc U Q LL Li_ LL W O U rg a Z o U w LL .. .. fn W ui En rr D A1,4.t.Y``9 e•ItT s•�:r:q go-bt;�p^g.'0..,�.,y.?F Z T ';" !''.1 ?"��:'�'"�S7"sd?tise >; wri• ^ro,'r.y,.^rr o-,, a•'' •ex'i°Ak. . t.'y.'9'...'ns. r.- s -i.�,^•yar�t .�x3- ss�'3 aa, :s Aix p.,�,..> ,�r.� .g••, ah. �Sp :,'.•Y;,r.•1¢q.tf 4 tl ¢sf @''k-.x r� r ,v,>:, *�t �':$v.fy x, ,..,.,,; , :' x9ai �aS,.fUgg2r{ . r4.���..w.,w<<>'' 't''+.'4'r�.r• s', '.i. /'�. , `. '�3'.k.,,.a ,�"1. i "s .... i �v��vt 35�4 : :#t a'�.>,a " � 4 c v �.'• s� e -�1 i. .:, B S 51''�6;'ti',+.e - }t s :§ ?. � - '�x - 1 -,'��v LONG ISLAND • u" ned . reen all in eal , By Mitchell Freedman site of the shopping center was a top A proposed shopping center just out- priority "because of the inappropriate- P P PP g ness. . .we hoped it would be changed side Greenport Village—which would from the veryonset of the rocess."g become the easternmost major shop- The town changed the zoning of ping center on the.North Fork- has ein an effort h limit g of the Men into a legal limbo. property P- While the foundation has been ment of the area and preserve more open ' poured for the 29,000-square-foot space. Town officials have repeatedly Greenport Commons shopping center, said keeping open space is vital to pre- it is being constructed in an area zoned serving the character of Southold, a for residential use. t�a� $ town whose year-round population is And,while the Southold Town build less than 22,000 people. ing department originally had issued a Ingeborg Flynn, a real estate broker build- building permit for the$2-million shop- . for 20 said that even if the build- gP P r . years, ping center—which is strongly opposed P k � ing department made a mistake in issu- by merchants in the village—the town ing a permit,"I fail to see where an error later ordered the work stopped. on the part of the building department The developer,John Tsunis,went be- f a ^� overrides the zoning ordinance." She fore Southold's zoning board of appeals said Tsunis was attempting an end run Thursday night, asking for permission �" ; around the zoning ordinance." to complete his shopping center. The _ a Another issue yet to be resolved-is board voted to adjourn the hearing for m s u k �` %= whether the proposed shopping center a month, until the matter can be re „ would have a significant environmental viewed by the town attorney. impact.The developer claims no signifi- The shopping center is one of several cant environmental changes would be projects blocked by. rezonings that fol caused because of the shopping center, lowed the town's master plan review. min and the town planning board currently The land — about four acres on the Newsday/Daniel Goodrich is reviewing its records to see if any en- south side of Main Road and Main A stop-work Order posted at the site of the proposed mall vironmental determination was made Street—originally was zoned for com- on the project. mercial use but was rezoned for one acre of residen- His firm is seeking-relief from the town's zoning Gerard Goehringer,chairman of the Southold zon- tial and residential-office use in January, 1989.. code to allow the shopping center to be completed, ing board of appeals,said his agency would eventually Tsunis, whose firm purchased the land for arguing that the new zoning would reduce the value have to make a determination on the shopping cen- $590,000 in February, 1988, told the planning board of the land to no more than$150,000,while the shop- ter's impact on traffic, the existing community, and that he had all the required permits to begin con- ping center would be worth$2.4 million. other aspects of environmental impact. struction except one permit that would have allowed Norman Gerber,the independent planning consul- Tsunis ran into a similar environmental problem him to use village water. Tsunis said the village op- tant for Brookhaven Town who appeared on behalf of two years ago on his 194,550-square-foot Sunshine posed his efforts to dig his own well and finally al- Tsunis, said that"what is being asked for is nothing Mall,which was built on 25 acres in Medford. lowed him to use the village water supply after the more than what was approved by the Town of South- In 1986, then-Brookhaven Town Planning Com- rezoning was put in place. old"before the rezoning. missioner Vincent Donnelly ruled that the mall would The village building department also issued a permit More than 40 Greenport-area residents opposed the have no significant environmental impact because the for the project,and Tsunis said the foundation footings appeal,with several of them saying the planned shop- construction was taking place on a farm field on an were poured and work was stopped in November,1989, ping center would harm existing stores in the busi- underused county road. only after the village filed a stop-work order. ness district and destroy the character of the area. But local residents said the traffic the mall would Tsunis had experts testify to the zoning board of Joseph Townsend, a former Greenport mayor and create was the proper subject of an environmental appeals that, at that point, an.additional $225,000 former Southold Town Board member,told the zoning review, and took the town to court. Ultimately, an had been spent for engineering, design and construe- board of appeals that he worked on the town's master environmental review was done by the builder after tion work.. plan review from the beginning,and that rezoning the the mall was 80 percent to 90 percent completed. o Long islanu iraveier r.si. for i vuL. 119 NO. 40 Put hed Weekly at Southold, Loll (UPSS 318-470) Subscription$15 Per Year The Official N&S, per of the Towns of Southold,Riverhead and S ort Stores I a VIE re e r - 51990 An Un proven sr ',, .,�, .......... O icial .Claims Builder Hasn 't- anown a .Hardship SOUTHOLD—The chairman of tion;'-said Randy Wade,a leader in .... the Town Board of Appeals,which- %the opposition movement. "I am `is reviewing a proposal to create a < sure that a compromise could be shopping mall on the North Road worked out:', in Greenport,said the developer has failed to substantiate his claim that No White Elephant the four-acre site could not be us- "Yes, there are a lot•of empty ed under its current zoning as a pro- stores in Greenport but they don't fessional office complex. have any parking," said Tsunis.. "There is only one thing that "It's not going to be a white ele- bothers me;'Appeals Board Chair- pliant:'... man Gerard Goehringer told de- 'Runs,who has been involved in . veloper John Tsunis at the close of numerous shopping center projects, , last Thursday night's hearing."You including the Sunshine Mall in have not shown me that this pro- Medford,said he had advertised for, perty cannot be used for profes- ' professional office tenants and sional offices:' received only one response.He did The question is key to the case not indicate the financial terms of because'Tsunis maintains that he: the proposed lease agreements.The invested $800,000 to build the need for office space"is void in this 29,000-square-foot complex op- area," said Tsunis. posite Porky's restaurant on Route He also argued that the Village 25,and was unaware that the town of Greenport caused his hardship . had rezoned the parcel from by delaying for three years his bid business to residential office use in to tap into the village water system'. 1989. But Joseph Townsend, formerly Several months'after the new both a Greenport mayor and zoning went into effect,Bunis ap- Southold Town councilman, told plied for—and received—a building the board that he had worked on permit to start construction.After the town's master plan and rezon- Tsunis poured the foundation,the ing ordinance.From the early'80s, Town Building Department realiz- he said,the site had been slated for ed its error and last fall issued a rezoning"to prevent urban sprawl:' stop work order on the project. nuns met with the Town Board Ignorance No Defense -- An.December to discuss his dilem- "All of the changes in the master ma, and he was advised that he were talked about at great length at could apply for a zone change to meetings,in the papers..P Town-? allow the business use, or seek a send said. "There was an error on "use variance" from the Appeals his[Tsunis's]part for not knowing Board. that the zone had changed:' Greenport.,..,,.. eenpor Opposition to the project from "My gripe is that I didn't know Greenport's business and resi- that the zone changed and the town Stores. dential community has been ada- issued me a building permit," re- mant throughout the hearings, plied Tsunis. "I would not be here , Continued from Page 1 which began in March and con- if it weren't because of the three- court?" he asked Tsunis. cluded last Thursday.They say that year delay from Greenport:' '"'I have to exhaust all adminis- the shopping center would drain That type of hardship, said trative •i-emi dies first;' Tsunis business away from Greenport's al- Townsend, is not a matter for the replied. ready troubled commercial district, Appeals Board's review but for a The board closed the hearing to and would destroy the rural charac- Supreme Court's determination. verbal testimony but will take writ- ter of the area. "Have you taken them to ten comments until its next meet- "I hope you deny this applica- Continued on Pa ing on July 25. e 9 g —Lydia Tortora 2�P Officers Yllaye of green O/'L TELEPHONE MAYOR (516)477-2385 GEORGE W.HUBBARD INCORPORATED 1838 NEW INCORPORATION APRIL 7,1868 CLERK TRUSTEES RE-INCORPORATION UNDER GENERAL LAW MAY 28,1894 I LORNA M.CATUS WILLIAM D.ALLEN STEPHEN L.CLARKEf" _ TREASURER DAVID S.CORWIN r MARY E.THORNHILL GAIL F.HORTON �' ........ . p:NG ISLAND 9 236 THIRD STREET • P.O.BOX AH GREENPORT,NEW YORK 11944 May 30, 1990 Zoning Board of Appeals Town of Southold Main Road Southold,. N.Y. 11971 RE: Greenport Commons Variance Gentlemen: Enclosed please find copy of a memo submitted by the Planning Board of the Village of Greenport to the Mayor and the Board of Trustees expressing acute concern about the subject variance application and further requesting a joint meeting between the Village Planning Board and Board of Trustees and the Southold Town Board, Planning Board and Zoning Board of Appeals. We hope that you will allow such a meeting to take place prior to taking any action on the Greenport Commons Project which the Planning Board feels represents a major threat to the health of the Greenport business district. cerely, Qm_vea avid Kapell, Chairman Greenport Planning Board DK:lc enc d � Xn Edwin Fishel Tuccio Ucz RanL EsrATE BRUKR 547 Fast Main Sum Riveffimd, New York 11901 -= 110 (516)727-6644 � Y May 29, 1990 STATE -'OF NEW YORK ) an: 'COUNTY OF SUFFOLK ) EDWIN FISHEL TUCCIO, being duly sworn, deposes and says: That I am a licensed real estate broker, License No. 157561 issued by ' the State of New York, residing at Roanoke Avenue, Riverhead, New York, with offices at 547 East Main Street, River- head, and Pequash and Main Road in Cutchoque. That I have successfully completed Course 1 of Real Estate' Ap- praisers and am a former graduate of the Suffolk County Realty Institute. I received a Bachelor of Arts Degree in business from Long Island University at Southampton, New York. I am a licensed business instructor duly licensed by the State of New York, member of the Eastern Federation of Real Estate Boards, the New York State Society of Real Estate Appraisers, and the National Association of Realtors. I have been actively engaged and have been a broker in sales of over ninety million ($90,000,000.00) dollars in volume of real estate in the County of Suffolk, consisting of residential , commercial and industrial properties. I have extensive experi- ence in appraising lands for the Town of Riverhead H.U.D. pro- gram, as well as extensive appraisal work for private individuals and firms , in Riverhead, Southold, Southampton and Brookhaven Towns. This report is prepared to furnish as a guide as to the sale price that the property should command if exposed for sale on the open market' an the date of this appraisal . DEFINITION OF MARKET VALUE The estimated price in terms ;of money which a property will bring if exposed for sale in the open market, allowing reasonable time to find a purchaser who buys with knowledge of all the uses to which the property is *adopted and for which it is capable of being used. HIGHEST AND BEST USE It is -the opinion of the appraiser that the subject property as. found on the date of inspection was improved in accordance with the principle of highest and best use. By highest and best use it is meant that the program of land use or employment which will preserve the utility of the land and yield, a net income flow that forms when capitalized. THE CAPITALIZATION PROCESS This analysis presumes that the property will be resold at some future date, at a price which is agreeable to buyer and seller, with the highest possible mortgage amount and the lowest possible interest rate. The rate of return on the equity position is normally higher than the mortgage rate, and reflects the other possible investments, - in stocks, bonds, U.S. Government securities and such possible investments whose posture and stature may be readily checked in the financial pages. Also considered is the potential increase or .decreace in value of the property in normal holding period at the time of resale. u4 CERTIFICATE OF VALUE The undersigned does hereby certify that, except as otherwise noted in the appraisal report: 1. I have no present or contemplated interest in the real estate that is the subject of this report. 2. I have no personal interest or bias in respect to the subject matter of the report or the parties involved. 3. To the best of my knowledge and belief, the statements of Pacts contained in the report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. d. This appraisal report sets forth all of the limiting condi- tions affecting the analysis, opinions and conclusions contained in this report. m ir_Yi SUMMARY AND CONCLUSION The only relevant approach to valuation for the subject property is the market data or direct sale comparison approach, a process whereby sales of comparable properties are researched, analyzed, and related to the subject to indicate an estimate of fair market value. The appraiser has also made a study of sales of comparable prop- erties. in a competitive and informed market, with consideration given to the characteristics of the parcels sold and adjustments made where necessary for time, location, topography, size; and other factors affecting marketability or price. In researching the records for available data, the appraiser has discussed the market with local brokers, municipal authorities and real estate appraisers. I have personally inspected the property hereinafter described and I have no personal . interest, present or future, direct or indirect, in said property which might influence or affect my judgement regarding the fair market value, and I further state that the market data approach was used to establish the fair market value cet .forth herein. The property was appraised asiif the property was free and clear of all liens and encumbrances., , Market value as applied in this report is the price at which 's willing seller would sell and a willing buyer would buy. My employment in and compensation' for -making this appraisal are in no way contingent upon the value reported and, as noted above, I have no financial interest of any +. ' kind in the subject premises. The subject . premises presently exis s. This appraisal is based on the market value of said proper"Fishel with no munici- pal objections. uccio Sworn to before me this �� day of. May, 1990 k-,L-11 NOTARY PUBLIC C NADIA MOORE Notary Public,State of New York No.4891294 } Qualified in Suffolk County Commission Expires April 27, 19i) t... APPRAISAL PROBLEM The subject property is an irregular shaped parcel of Residential/Office zoned land, being d.7 + acres in size, located in a mixed residential/commercial area in Greenport. The appraisal problem is to estimate the highest and best use of the subject property if it were for residential use only. The appraiser has conducted a market study for the purpose of finding sales of comparably vacant residential parcels to estimate the subject's market value.. ' s SUBJECT ,PROPERTY DATA OWNERS Jordan's Partners & Pantelis Papazoglou 901 Motor Parkway : Hauppauge, New York SUFFOLK CO. TAX MAP NO. : 1000-34-2-1 DEED: Filed in the Suffolk County Clerk's Office on March 10, 1989 in Liber 10814 Pg 149 (see attached deed for property description data) LOCATION: Southwest corner of State Route 25 and Main Street, Greenport, Town of Southold, Suffolk County, State of New York :LOT SIZE: 4.69 acres ZONING: Residential/Officep Town of Southold . AREA TRENDS: Market values are reflective of downward trends. TOPOGRAPHY: The subject is level on adjoining street grade. The soil and drainage conditions are good. UTILITIES: Municipal water, private drainage and sewer systems !. c { SUBJECT PROPERTY LOCATION sip, .;��'� •ice///��% � '+ 1�i• / t.1�1.1 r / .1M /' / �i•.. ti r Ow IFA • � o � +• �' ''' + do A+�t ••\.+ � ••. ss y +'� of •.etf•1 .+ + ,per + � r C +1 ,. \�. \ �• % Ov M 0. • �i i � � to •�+ �i \ •� •af/,•ssSS• r,•.F;. •Rtw Mw N•[Mr, W rMtnrlf •R• ar«� TRa ralatw• wmw:n ••i ef��C scot uwt dowAr•R iM.•N'0 L � ' Legend Revisions KEY RAC - C•."LIA fin D.—L.- Ln R. 134, I �.•� ✓/. T••w Li- �.��� M Onwar Lnw —�.0.�. R•I.r D••r1n lM— R.—. O.d DiMNr •'C ��if1C/,lK�•yI(,(f7�(� 0 on r00 0 •00 . VOWV Lwa =—Z Ly«DI~Lu• —�.L.�. MMLrk O2 L•I.•DI••••�«• •r• : •• /17, — I" SCALE 1.Ftf 910A Llw hi Ok-W Lr n Ow/A- SLf Ie •• �f 7 'Lililr � �.. -.f_�. f.Wd.r 4ntt llr. 1211 C•Lwlw•A•w S}A r•1 ` w-•�� 17� 3 14ASK 1, 11 MAY•-29-90 Tun 1 0 Z 03 TSUN I e A0s0C I ATES I NC O. 02 • `, FUNd.M 1f La.T.m,Tow Fl/0!• /ai-rlY1-•IAn�1w.n�MOM lo-4,gym.ce—sat apti-t n...We Ad&- 104I,rIdv.l s.C.ry.oNlMn.(.Inpk nj r, r CONIULT TOUR LAWYER Meet notim vm IM' "MMeler-TINS 90 s IMNR anodise K OS[O§T LAWYM GMT. bt' Thuds MDEJfmlltF,made bile /Ay of February ,Nineteen hundred and 1. 7 eighty-nine OtTWM JOR0AN'9 PARR PLACI?, 1,11). ' 801 Motor Parkway, Hauppao;do, Now York (2/3 interest) and ., PANTRLYS PAPA M, , 9X1 ,.. c/o 801 Motor Parkway, Hauppauge, New York (1/3 tnterest) party of the first part,and JORDANIS PARINIs1tS 801 Motor Perkway. 'Hauppsuge. New York (2/3 interest) and ><: ' PANTN;i.f9 PAl'AVXLW t. C/o 801 Motor Parkway, Hauppauge, New York (1/3 interest) Party of the second part, WITHESSEM that the party of the first part,in eonslderaton of Ten f)t,tlare awl Other valumble eorrspderatos pall by Cite party of the Second part,does hereby grant and relesse wait the party of the soaand part,lite hem or tnce"son and sadists of Fite party of the second part forever, ALL that certain plot,piece or parcel of bald,with the buildings find Mgrroveslents thereon erct:led, sRtate, lyinfr and beinjr Inctire at Southold, County of; Suffolk, Town of Southold and State of •s.'-.: New York, bounded and described as follows: IIPGINNING, at the northerly and or, a line which connects the easterly Ridil of Mein Street with the noutherly side of North Road and from said point of beginning; ruining thence North 74 degrees O8.m.inutee 00 seeonde Feat along the southerly ai.det of North ;Rend 499 74 1test to lend now or formoriy of Davidel thonce along said lost-mentioned In and .land of 7evlts, Angtvine, Thtlbarg and Critchlow, South 33 degrees 37 minutes 20 seconds &1st 343.07 feet to land now or formerly OF Flatleyh thence along said last-+mentioned lend and land of Moore, Begley and StsTeh, South 74 degrees 33 minutes 30 seconds West 194.18 foot; thence along the westerly side of sold land now or formerly or Stavull. South 26 degrees 26 minuLem 10 secundw F,at►L164.64 feet to the northerly side of, Knepp Placol thence South 72 degrees 43 minutes 40 seconds West, along the northerly side of Knepp Plane 79.47 font to land now or fnrrnnrly of Green; thencs North 26 dealt 2 minutes 40 seconds West dons said lost-mentioned land 167.24 feetl thence still 1, along said Snot-mentioned lend of Green end lands of others south 74 degrees 33 minutes 30 ascends West 352.63 foot to Lite easterly side of Main Street; thence along the easterly sills of Main Street North 23 degrees 23 minutes 20 seconds T` o West 236.36 feet; thence along Line aforesaid line which connects the southerly side of North Road with the easterly side of Main Street North 19 degrees 25 minutes 40 seconds Raet 109.04 feet to the southerly side of North Road at the F„ ,;, ,r• ; _ iff point or plate of. BEGINNING. Being and intended to be the some premises convoyed to the parties of the first pert herein by deed dated February 18, 1988. TAX MAP HI!gt:Nn•17QN (hall. 1000 TOCI;TIIi?It with all right,title still interest,if any,of the lofty uI the film,art in awl to any streets and O 34,0 rondo nbaltting ti►e above described premises to lite tenter lines thereof;TOGI?11IIut with the.tpurteltances MINI all file eslnle sold rights of the party,of the first part in slid to ski prcnthes; TO IIAVIt AND TO 11101,1)the premises Itertin granted onto idle party of time tecosnl purl,site help a aoecessora and assign of " 1K. Ca00 the party of Ilse second part forever. 1*fb11 0®LO AND the pony of llte Rat part cove. All tut the of the wllerel+y the saki premises he been encumbered inlay way,whatever,exceppt has a aforesai aforesaid. anything AND floe Iwrtyof llte first part,Its eowpilatKe with Section 13 of the Lien Law,revenants flat floe porty of flit first part will receive file coaidtrntion for this conveyance slid n•III IMtd the right to receive Stich eaolsid• ereten as a trust fund to be applied first for the ppuurpose of paying the cost of Cite Improve me it nod will allay the IIaMC fiat to the Itaynsent of the cost of the improvement before nsittg any pfin of she fold Of dole swse for any other purpose, Tito word"party":ball be construed as if it read"forties"whenever the am*of this Indenhlre so requires, ` ♦ IN WETNESS VAMEl7!'f the party of the first part has dulyexecuted thh deed'd,e day sad year firs!above ,. bruit seas oT! ITlkiL ` .ORDAN'S PARK I'I.ACE, LTD. b S jet_ P:f e MAIR ltl 1969 In>< n 1i_.._0, reei en �. SII•r.1lK t Pot npared.L ---— t 5, "f`•':' "' Ue 'a'eae4 T7lUN!• ASSOCIATES INC. f•.eE 1feOWO a.ar rtnw�wrvr.r r.w SUt1 ui.K Irp do i3'litir of February 19 e9 . before+nt a the day Of III, before Hot M nonaMy am* before wane PAN?i{L1T9 PAPAZO e ' I GLOU to one known to he the 110videal dwerihed kt end to to so knolrq to be the indinidod &vrtW M and ,a �""c"lod the ft lnMron ent, and acknowtedced that exteottd the f afrt� lnrtrrxttertti end oelnarrledted thN o 4314co tt 1 eantR ftwood the '�" Ib1111/IUetlt;SMr N Nte M � .,, lane trlNet Apull A 19*7 IIA"eR ashy reRtt.cowl,er SUPI' x ON non a new rents.410MI,a ri:.. ,• N the 15Vday of February 1989 ,before Ina On tree day of M ,before fxe personally fame J hn �. Taunt pereonelly erne . to t1a known,who,bpi by tne.du r[wore•did depose and 'the udneribiug whom to the knt ti' . ;,,: '.•;' I' my[IQthathe realdea ae a 801 Motor Parkway whole i fall peraeta0y aegnefrq«lf w1b,Rbe;r,R 1 �ulr slat he ii the Prseidltnt�� I awort,Ant depoa end ay that he ro idea at No. �,_..; +,. «".•- -- 04 JORDAN'S PAR[ PLACE, �iaratbo deeM6ed that he ktlawa IN and or"flaeented Ire. f One , of Intlrument; that he to he the fntfltidnat known lIN peel d sold e-Pporalion; 11n1 the seal eRhted dooff d fn and who emmood the 1 I Inllrtmtrnt l to sold InNrumerrt Ia pooh eonmrele seal. 'lot It rraa 90 11at Ire, acid tttltnrlbl"I wlteen, waspregient pull I &Mxed by order of the beard of directors of 9a14 tfon,eed Ilat M e{dtad lore tlafrle thoralo b I etn:nta floe some end that he sold w-llnen, y Ile order. N MN MfN Onto cubaribed It tlma a wt+tnen Uterete. + ••. IOOfTfANRR •r}i•�';,` •' I�IIN'f NletfC.Sltr N Nwl'IA IN ' 1 r' .l7 ae9tOlf,fNld1 itlw[rpat bnl 20. c: �;• 11t1111 Cuvr:+ranr ArAtatr CaA++tua•f A01 01tDAM'S PARK PLACE. LTD. end for 1 , oot ANTELIS PAPAZOGLOU, o�r►OR MW Suffolk • TAR a1L1d1111 ABbneao 801 Motor Parkway Houppnudo, N.Y. 11788 ORdAN'S PAIC1'NCRS'eed ANMIS PAPAZ0GL0U INeawe At nsltlM M Tao tole tttareterr tk+als,q yy 1 eeT1/aN K"AM To f.T srawna roar w erw er nno wawwnrtn 90SC01T 7AM,rk�� • 1 Motor ;r _r TMG GUARANTEle 1169"69e0r Nov York 11788 �,.•. -,, . NEW YORK 1 ATKVA MA msuRA"M ct)I~ 1 "' .`1•;`�Y'.,•, .•.del ++1'. , J •� 'r.V-1 � 1 , v , �R 1,LMNeO tit ` ar Jilin -, �•t�s,c.• y u. a lievAll it COMPARABLE BALES I. Damarect to Drackoski Tax Map No. 1000-34-3-4 w`°°?'} .•' Sold August 18, 1989 for $620500 'f Lot size: 66, x 133' Location: Knapp Place, Greenport 2'. Latham to Major Accocs. Tax Map No. 1000-26-2-42 Sold July 28, 1989 for $400,000 Lot size: 13.90 acres ($28,000 per acre) Location: King Street, Orient . , •;.. 3.. Shalney to Dubner Tax Map No. 1000-84-1-8 Sold March 10, 1999 for $390,000 Lot size: 23.90 acres ($160300 per acre) Location: Middle ,,Road, Pe'conic 4. Mohring Enterprises to Bisset Tax Map No. 1000-113-7-19.2 Sold March 10, 1989 for $990,000 =' Lot size: 40 acres ($24,750 per . acre) '`�1 Location: Cox Neck Road, Mattituck 110, oo lop vo 4,1 Ate 1 ir��•' `•'i +� ��' •,�+ ,yam•.. • 0 S. .�."� ��� �:� ���� �� /• �•�� ,,• •�•„� c0��d,\.yam VIM IS.9 do oil, A 16.16 • \ � r, .d +• •\.► � IP AS � �` 1 f�•' •• •tom SO 00 ISO 10 Vb .HISS OM' ww�wr. rL rsarlu O \ 0 ppL AKr rn« IN FaLLO�IN Mrnllen A/ ®�� sews sawrs AK ■IMg7 .. .. YMr •r t.�EA OIM/MSS NM "runs k�'� L•ciend \ Revisions KEY UP Cc Oiw.nLw_�.N•—. S.►�•:...ILw rw. 4/1 I .,/ Y4i a © .inLlr__.s._. 0..E0;..1.... sr a fiuAl�Nunt s __--- a on Real Pro, rw� U001•.+wlh. r.�a.11..�w ww.{.�. II..L 11a O L.I.I Oi.w..« OT•a p.JAw• TEAIa IN/fff�• p� •' w /f74 10 OY SCALE FEET �.. M.r.�. ►..rlr R --.s.�. L A*.M.Y.A Ah all C...90"ASS. 191d ••Jl.71 ,� _ m __.—.._..._.__._..� •tf us sec.Mo.026.•0.OLS •Y'ti EOMPARABL�"#2# I el 4 •s•i 9.74101 OI •oA1! 4• Me 141 / 46 10 SW ` 1,said AP �. Mdo• l i IN • �R�R It • No. u a so"" TDrM CI SQUTHOLD uCTIOM 00. Revisions KEY sip © COUNTY OF SUFFOLK H•�• ' �' ,„ i Real Property Tax Service Agency v�L.A:[" -- 026 41ML.�bKl�t•1v Ii Olt 1C�LI IN FEET County Center DIMICT M. 1000 'n or• •ss Riverhead,L.I.,Now York •n•dG�EIEw•• PROPERTY W RRtN tfM elff rh([. ff; ftgttfi[f an eMM'Ru finNLLe"s egftl[ft MK Lt arm R IItLRrrfl Kt[f•nt. tqt M ptl t• Pattftf f+f+MM10f+f frr Mrn0R OI 1K .. . f✓feet•WON" tar r••.[•rmgrl98 .. lmw raN aftR «r.eur wrnt •(M(wo+a rn( ' •� r flK PROK"r t[r YMS[ ulsr "fen���Lin f!•4�CM -- IiBM MM(ft M \ PDM Mig1CR IIQl ' see-C.on M.4m m a \ we t[C.MQ ot't'a'aft SY 40 ' '•ti Iyt po \ ♦ to •I riI +lob ��. ILA a •� G• � yrr ra• "it 1pr ti J ' r reo I,a /OR PARCEL NO. tat f[C.MD Otll-oYDlt i eet-a-oA; � _• SEC.No.094 Legend Key ff► „ lm.e Lw a Lw H. iN rw«� rw DlWO LW ��.Y.�. fd.0 Dt•Mo I.M��.R�. Our O�.ruM Off LOO _ _— —_--q Re, fr '��Nr Ll+r elrrW LW ��.L•�• tM�w © S.4wV. WO Gr. eff OM Off fCKlIM IL(I- . ►u[D1wW/LW D Owr A— ILIA ON . L;.f .,,.,/- SA b..•..•P••f rli ml C.a.i.a A— tL id - r lei a 2 •. a \ /y •••s r•,• 3 • \ r• \\ \ \ + r ,•1 1,` ,►•� A r•�s s• •�y'r a ` �1 '�• .�:Ian �J\�� \t• �• ,fps �� •O � i I I�I ��; ; 1, �s v�/n1Crii� "Tf�• ���+� �•• •+ M• I V 1 ! 1 �� 101 1 a 1 1 �,, 1 1 r P p • % 1 1 It� •�• ,; • to POCIL ' 1�� , to '►. ye �p \fl S ac we_ ne gel-ol.00ar s ,•, �e • fMa•tt Mans + t a. •n4 t.ee a LOAM • • t 0 i • a e lase a•e1N ISO SUBJECT COMP. #1 COMP. #2 COMP. #3 Camp #4 Tax Map No. 1000-34-2-1 1000-34-3-4 1000-26-2-42 1000-84-1-8 1000-113-7-19.2 Date of Sale 8/89 7/89 3/89 3/89 :Location Greenport Greenport Orient Peconic Mattituck Selling Price $62,500 . $400,000 $390,000 $990,000 Lot Size 4.69 ac. 66' z 133' 13.9 ac. 23.9 ac. 40 Price/acre $62,500 $28,000 $16,300 $24,750 (-284r) (+30*) (+40-%) (+3S%) Net Adjustments $45,000 $36,400 $23,000 $33,350 Indicated Value $45,000 Per Lot MARKET SIDLES APPROACH Comparable #1, which is residential , sold on August 18, 1989 for $62,500. This sale would be reflective of market value to the subject if the subject was used for residential purposes. Comparablec #2, 3, and d were large tract sales that are not subdivided, but indicates a price per acre value for acreage of 2 acres or more. It is in the appraiser's opinion that the land value for the subject property, based on one acre lots each would be d5 000 per lot. a.. ,F. •7 f , ;,:•. FINAL. VALUE ESTIMATE I : Comparable #i, which is located just south of the subject property, sold for $62,500. The appraiser feels that this parcel is the most reflective of market value of the subject but has adjust®d downward for location. Comparable #1, which is located on Knapp Place, is off the Main Road and is more desirable -for residential use, i.e. less traffic, noise and privacy. Comparables $2, 3, and 4 are all large tracts of land in which the appraiser made adjustments for subdivision approval , lot fees, road cuts and drainage. Based on a declining real estate market, residential lots are in great supply with less demand due to the economy and property taxes. It is in the appraiser's opinion that the market value per lot of $45,000 would give the subject property a value of . . . 4e69 acres x $45,000 $211,000 based on a 5 lot minor subdivision. A If the Town only allows 4 lots. ee $180,000e ' t I CLIENTS Teddy Cohn 1666 79th Street Causeway The Center Building Miami Beach, Florida Cruiser & Hill , esq. 206 Roanoke Avenue Riverhead, N.Y. 11901 IRS East Main Street Riverhead, N.Y. 11901 Anthony Conforti 611 East Main Street Riverhead , N.Y. 11901 Raffe & Corrigan 747 East Main Street Riverhead, N.Y. 11901 Scheinberg, Schneps, DePetris & . DePetris 1 Union Square Aquebogue, N.Y. 11931 Suffolk County National Bank 2nd Street Riverhead, N.Y. 11901 North Fork Bank & Trust Main Road Mattituck, N.Y. 11952 Town of Riverhead 200 Howell Avenue Riverhead, N.Y. 11901 Grumman Aerospace Swan Lake Road Calverton, N.Y. 11933 I First American Title 210 Court Street - 4 Riverhead, N.Y. 11901 Federal Land Bank Route 58 Riverhead, N.Y. ' 11901 Twomey, Latham, Shea & Kelley 33 West 2nd Steet Riverhead, N.Y. 11901 James Schondebard, esq. 206 Griffing Avenue Riverhead, N.Y. 11901 McNulty & DiPietro East Main Street Riverhead, N.Y. 11901 Town of Southold Main Road Southold, N.Y. 11971 Arnoff & Czygier Main Street Riverhead, N.Y. 11901 North Fork Preserve Sound Avenue Jamesport, N.Y. 11947 Riverhead Pistol & Rifle Club Deep Hole Road Calverton, N.Y. 11933 John Serpico, esq. 186 Joralemon Street Brooklyn, N.Y. 11201 Gregory Blass, esq. Court Street Riverhead, N.Y. • 11901 Rockwood, Edelstein & Duffy, P.C. 1 Water Street White Plains, N.Y. 10601 Robert Tooker , esq. 1380 Roanoke Avenue Riverhead, N.Y. 11901 Allen M. Smith, . esq. 737 Roanoke Avenue Riverhead, N.Y, 11901 Platt, Platt & Platt 70 Main Street Southampton, N.Y. 11968 The Salvation Army 120 West 14th Street N.Y. , N.Y. Saland Real Estate Main Road Mattituck, N.Y. 11952 Bagshaw Real Estate East Main Street Riverhead , N.Y. 11901 The Furst Foundation 1 Old Country Road Carle Place, N.Y. 11514 County of Suffolk County Center Hauppauge, N.Y. 11788 Suffolk County Public Administrator County Center Riverhead, N.Y. 11901 NOTICE OF HEARINGS .,. NOTICE IS HEREBY.: . GIVEN, pursuant to.Section,;,,..,: `'COUNTY OF SU.FFOLK 267 of the Town Law and the STATE OF NEW YORK ss: Code of the Town of-Southold;. the following hearings, will be held by the SOUTHOLD .�TOWNBOARDOFAPPEALS.;:;.; Patricia Wood, being duly sworn, says that she is the �' at a Regular Meeting, at the ` ;Southold Town ,Hall, 'Main:< :T Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Road, Southold, NY..11971, on•;, , a public newspaper tinted at Southold in Suffolk Count ;WEDNESDAY,JULY 25, 1990, y p ' y' `P:at the following times: ...I,.ry and that the notice of which the annexed is a printed copy, e 1730•p.m. Appl No. 3954 has been published in said Long Island Traveler-Watchman PHILIP SALICE. Variance to,' once each week for . . . . . . . . . . . . . . . . . . . . . . . . weeks ;a he Zoning Ordinance;,Article } _JlI A ' Section 100-30A 4 r1c:100-33),Article,XXIII Se /.. Y( ' ction_, successively, commencing on the . . . . . . . . . . . . . . . ,i��,'100-239.4.A for ipernussion;.to construct an accessory stied and } deck with gazebo Accessory :` day o I . . . . . . . .�. . . . ., 19 .9 . shed is less,than 3.ft.frour a lot''_;- �hne,-gazebo is located,, the", 'front yard"and gazebo and deck' . . . . . . . . . . . . . . are less=than:75 . from'the ;'1, bulkhead. Property'•location:' 1945 Bayvfew;Avenue,: Matti tuck, .County Tax.:Map ,No;-: 1000,Section 106;Bloc k06,Lot-"', Sworn to before me this . . . . . . . . . . . . . �. . . . . day of 37 7 35 p.m. Appl No.-`3960. , c� .THOMAS,&ALIISON SAR , , . . . . . , 19 . ./D. GENT. Variance:t6.:1he`16ning, Ordinance,'Article III:IA, Sec- cle XXV,Section..100-243, tion 100-30A.3,`for'perinission' cle.XXV Section 100-244 for, to subdivide a non conformin :. ' g ue to use lot. Proposed `construction of ; p 1� �✓ .permission to ,contra !N P the second floor apartment as a new lot Will.have insufficient' ' oprty ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' non-conforming use Pr e width,.depth and totallot area: Location: 140 Pike Street,Mat.. Notary Public for this district:Property Loca tituck,,County Tax Map No tion: Private Road;of Fox Ave eAREARA A. SCHNEIDER 1000 Section 141 Block 4 Lof ' hue,Fishers Island,County Pax NOT. ii`i P uDZl_iC, State of New York s. iju T,r --Map No 1000, Section 06, + No. 4 1'6646 7 55 p;m Agpl No 13915 ,. t, . ; + Block 06, Lot 07JORDAN'S PARTNERSs Van f= 'I '� ' :f of c Cc�n y 7;40 p m .Appl No• . ance to the Zoning Ordinance, ISOMINICK.SBLENI7ID0,&; 'Article VII, Section 100-71 as. AURICCHIO Variance to disapproved,.for permission to ' the Zoning Ordinance, Article' construct offide and retail stores 1 A;1 Section 100-30.3;`Amcle`` P.roposed construction is not a -1CXIII;Section 100 230,(A),Ar .permitted use in,.this Distnet pcle III:A, Section 100-3QA 2 Pm en p y Locahons:.1000,Main (100-31A),;for permission Street and ,.160 Main Road, to construct an addition to exist '; , 'Greenport,:'County •'lair Map 1i. gone family"dwelling Pro No 1000, Section 34, Block 2, r•. posed construction is not a per mitted use (1) one family de The Board of Appealswill at tached dwelling not'to`exceed said time.and place hear any and0, one(1) dwelling on each lot(a all persons or representatives de ,�two family dwelling is not a per sirin to be heard in each of the mitted use.Pro erty Location g ) p above matters. Written coin 185 Inlet .Lane,. Greenport,'; 4 .'ments'may also be submitted County Tax Map'No.1000,Sec-.: =prior to the conclusion of the `. tion 43, Block 004,, Lot 37 subject hearing. Each heanng 7:45 p.m. Appl. No. 3956 ' will not start before time allot- ? LLOYD GATES.Special Excep-.r ' 'ted.'Additional time for your tion to the Zoning,Ordinance, '. t ''presentation will be available,if Article X,Section 100-101B,for ` :needed. For more information, permission to Occupy and use as. . please call 765-1809 a Billiard parlor for commercial bated July 17, 1990 recreation.- Property Location: BY ORDER OF 46250 County Road 48; THE SOUTHOLD TOWN Southold,County Tax Map No. . BOARD OF APPEALS 1000,Section 55,Block 5,Lot 7. GERARD P. GOEHRINGER 7:50 p.m. Appl. No. 3701 CHAIRMANCHARLES ZAHRA. Variance By.Doreen Ferwerdali$` to the Zoning Ordinance, Arti 1X, 7/19/90 (3) 4 7-NOTICE OF HEARINGS-:."* -NOTICE IS HEREBY GIVEN, - pu min to Section 267 of the Town Laws and the Code of.the 9ariwn of Southold,-the following Bengs" will be held by the.SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting;at the Southold Town hall,Main Rod Souttiold,.. .o STATE OF NEW PORK) NY,1.1971 pp_WED'NESDAY, ) : JULY 25.194(1 the for owing `yea'' COUNTY OF SUFFOLK) �; - xa r 7:3Q pm:ApFNo`• 954s=- . -.. _ PHIIl'IP,"SALIGE=Viri�ncesio"the Zoning a�a ;itimie<-1ii'A; . Yvonne L i eb 1 e i n of Mattituck, in Section;I00-30A 4;;(1-Q0+33�; Cnicle xxm;Section I00.239 4 B for said County, being duly sworn,says that he/she is Principal permissionand'deck *ifatgi.zeb Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, sory:abed and'deck with gazebo. Accessory'shed is lest'than 3 f: published at Mattituck, in the Town of Southold, County of from.aaoilme,gazeboisoacedin Suffolk and State of New York,and that the Notice of which the ftmi:yard andrgazebo and deck are legs than 75 it from.the�= the annexed Is a printed copy,has been regularly published in heat}. Propert Location I945 Bayview..Avene,Mawnick,,Coua= said Newspaper once each week for 1 weeks ty Taa Map Nd,'_ o;Sermon 106, successively, commencing on the 1�— day of Block 06,Loi'37zx ,'v" =`` July 19 90 :.. !.:.7:35 p.m:4, 1ppT No;3960 THOMAS;4«AILISON.'SAIt GENT.Variance to the:Zoning Ordi- nance,Article;III Section 100 t: 30A3,fai petmisstanto-'wide a'' non=conforming Iot :Proposed'" conitructiari,of new Ioi•wiu have insufficient_width'.depth and`toial Principal Clerk lot-arei_fort'his'district: Location: Private.,Rogd•of Fox, Avenue,Fishers Island;,C6 uity Tax Map No. 1000 Secticc S,6,Block Sworn(� Swo o efore me this 06,.Lot09...-,, a ;Nk,i, 7:40 p.m:Appl. i, 19 5 DOMINICK SBLENDIDO,&-A;« day of 1 U MAP,Y K.DEGNAN AURICCHIO:Variance io:ihe T.ott-:: NOTARY PUBLIC,State of New York ing Ordinance;"Article III A Siciiori`' Suffolk County No.4849800 100-30.3, Article XXIII,-Section Term Expires Februar,;, 100-230(A)'Article IQ;A; 100-30A.2:A(1)(10041'A),fo("per- mission to construct an addition to existingone'fafn' dwellin'„Pro �3',b ,•. B• :posed construcncn is not a permitted'" 'use-,(i} one family detached' 7:55 p m "APple No"3915 dwelling nWo exceed one'.0) "JORDAN'S PARTNERS";Variance: dwelling"on each lot(a two family to the Zoning Or dinance °Article dwelling is not a.permtued use). O(��J Property Location •185 Inlet lane, •Sedim 100-71.as dtsappraved, D J Greenport;.County Tax Map No for permission to:construct office and retail stores Proposed consttuc 1000,Section 43,Block 004,10t 37. _ ,- 7:45 p.m. Appl.No 3956 'tion is got perinitted nst to thi r1 nVn[;AYES.Special Ex `' District.Property Locations 1000 JUL 2 0 1990 to the Zoning.Ordinance.Article:X,' Main Street•and.160:Mairi Road " Section 100-101B,for petmissionto Greenport, County-.ax:Map No `spy and"use•as,a Billiard parlor 1000 ect �� for'commercial recreation.Property. a oard of"Appeals will at sai Location:46250 County Road 49, and place hear aly,and all per Southold; County Tax Map No. sans or representatives desiring to 1000,Section 55.Block 5.1ot 7: •heard j.ii each of the ab&i"mattcrs 7:50 p.m. Appl. No:.3701'= Written`comments may`also"be'sub CHARLES ZAHRA. Variance"to witted prior to the conclusion:of thi the Zoning Ordinance,Article XXV,` subject hearing.Each hearing"w' Section 100-243,Article XXV,Sec not start before time allotted Addi tion 100-244,for permission to.tore- tional time for your presentation wi11 tine to use.the second floor sort- ..be available,if needed. For more ment as a'non-conforming use. infomiation,please call765-1809,',.' Property Location: 140 Pike Street, Dated:July 17,1990 Mattituck,County Tax Map.No. ORDER OF THE SOUTHOLD 1000,Section 141,Bloc2 4,Lot S�� TOWN BOARD OF APPEALS GERARD P.GOEHRINGER r , CHAIRMAN (b� By.Doreen Ferwerda r;7dS_1Tfv191 'V 14LaF. 1 Southold Town Board of Appeals r f>>+x MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel. free to, call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff A U 0Uu 1 HUL1) UUDE § 100-71 -- § 100-71 ZONING § 100-71 ARTICLE VII _.asidential .Office (RO) District (1) Special exception uses as set forth in and regulated by [Added 1-10-89 by L.L. No. 1-1989141 § 100-31B(1)through(7)of the Agricultural-Conservation District. § 100-70. Purpose. (2) Professional offices and business offices. The purpose of the Residential Office (RO) District is to provide a transition area between business areas and low-density residential (3) Funeral homes. . development along major roads which will provide opportunity for (4) Bed-and-breakfast uses as set forth in and regulated by limited nonresidential uses in essentially residential areas. § 100-31B(15), except that no site plan approval-,is required. § 100-71. Use regulations. (5) Libraries, museums or art galleries: . In the Residential Office (RO) District, no building or premises (6) Wineries. [Added 8-1-89 by L.L. No. 15719891 shall be used and no building'or part of a building shall be erected.or (7) Apartments may be permitted over business and altered which is arranged, intended or designed to be used, in whole professional offices as regulated by § 100-91B(4)(a) or in part, for any uses except the following through (f), inclusive. [Added 12-12-89 by L.L. No. 23- A. Permitted uses. 19891 (1) One-family detached dwellings, not to exceed one (1) C. [Amended 5-9-89 by L.L. No. 6-19891 Accessory uses. The dwelling on each lot. y following uses are permitted as accessory uses and,except for residential 'accessory uses and signs, which are governed by (2) Buildings;structures and uses owned or operated by the Article XX, are subject to site plan review: Town of.Southold, school districts, park districts and fire districts. (1) Accessory uses as set forth in and regulated by § 100- 31C(1) through (7) of the Agricultural-Conservation (3) Buildings, structures and uses owned or operated by District and subject to the conditions set forth in§ 100-33 fraternal organizations and utilized for activities typically thereof. conducted by a fraternal organization, including but not limited to public meeting places,charitable and fundrais- (2) The following signs, subject to the supplementary sign ing events, patriotic observances and catering for public regulations set forth in Article XX: . . and private functions. [Added 11-28-89 by L.L. No. 22- (a) One (1) indirectly illuminated nameplate or profes- 19891 sional sign not more than two(2)square feet in area. B- Uses permitted by special exception by the Board of Appeals. (b) One (1) real estate sign, either 6gle- or double- The following uses are permitted as a special exception by the faced, not larger than twelve(12) square feet in size Board of Appeals as hereinafter provided and subject to site on any one (1) or more lots, advertising the sale or - plan approval by the Planning Board, provided that not more lease of only the premises on which it is maintained than one (1) use shall be allowed for each forty thousand and set back not less than fifteen (15)feet from any (40,000) square feet of lot area: lot line; where acreage or a subdivision has a 14 Editor's Note: This local law also repealed former.art.VII,B-1 General Business District, as amended. continuous frontage of five hundred (500) feet Or more, said sign may not exceed twenty-four (24) square feet in size. 10070 1-25-90 STO 10071 1-25-90 1l _ ... - .__ .. .. 4 § 100-71 SOUTHOLD CODE § 100-81 'J I (c) One (1) bulletin board or other announcement or { identification sign for uses permitted by § 100- 31B(3), (4), (5) and (6), not more than eighteen (18) square feet in area, located not less than fifteen (15) feet from any street or lot line. (3) Accessory uses set forth in and regulated by§ 100-42C(3) of the Hamlet Density Residential District. § 100-72. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Residential Office (RO) District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter, with the same force and effect as if such regulations were set forth herein in full.15 ARTICLE VIII Limited Business (LB) District [Added 1-10-89 by L.L. No. 1-198916] § 100-80. Purpose. The purpose of the Limited Business (LB) District is to provide an opportunity to accommodate limited business activity along highway corridors, but in areas outside the hamlet central business areas, that is consistent with the rural and historic character of surrounding areas and uses. Emphasis will be placed on review of design features so that existing and future uses will not detract from surrounding uses. The additional uses must generate low amounts of traffic and be designed to protect the residential and rural character of the area. I § 100-81. Use regulations. In the LB District, no building shall be used and no building or part of a building shall be erected or altered which is arranged, ` 15 Editor's Note:The Bulk Schedule is included at the end of this chapter,and the Parking and Loading Schedules are in§§ 100-191 and 100.192. 16 Editor's Note: This local law also repealed former Art.VIII,C Light Industrial District, a.=amended. 1 - I § 100-11 SOUTHOLD CODE § 100-12 \. C. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal,abrogate,annul or in any way to impair or interfere with any rules, regulations or, permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this C chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. [Added 1-10- 89 by L.L. No. 1-1989] § 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-19731 All of the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps:Green Acres; Stratmors;Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthill; Edgemere Park; Willow Terrace; Sounderest Woods; Gardiners Bay Estates, Section III; Harvest Homes, Section I; Bayview Woods Estates;Willow Point;Harbor Lights Estates,Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing, Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homes, Section I; Peconic Homes, Section II;Peconic Bay Oaks;Laurel Country Estates; Orient- by-The-Sea, Section II; Cleaves Point, Section III. 10012 2-25-89 1000-034 .00-02 .00-001 . 000 Josephine Franconi B&S w/cov. Pierre De Lalio L6701 cp 456 Helen De Lalio, his wife D: 2/2/70 Perry W. De Lalio R: 2/6/70 Omni Investing Corp. to The Grand Union Company The Grand Union Company B&S w/cov. to L0185 cp 438 Fotios Katsamakis D : 4/28/82 George Mesaikos R: 5/21/82 Pantelis Papazoglou Tax Stamps $113 . 30 coverted $28 , 000 - 28 , 500 . potois Katsamakis Contract of Sale L10018 cp 58 to D: 4/5/86 Constantinos Zervos R; /16/86 George Tsavaris ( as to a one-third ( 1/3 ) interest) Price listed as $80.., 000 . $20, 000 . on the signing of contract. -60 ,000 . on delivery of the deed. Fotios Katsamakis B&S w/cov . L10080 cp 537 to --Contantinos Zervos D : 7/18/86 George Tsavaris R: 7/1 /86 ( as to one-third ( 1/3) interest) Tax stamps $320 . 00 converted $80 , 000 . This conveyance delineates ownership of premises as follows : • George Mesaikos - one-third ( 1/3 ) interest • Pantelis Papazcglou - .one-third ( 1/3 ) interest * Constuntinos Zervos and George Tsavaris - together one-third ( 1/3 ) interest C H A I N O F T I T L E P A G E 1 0 F 2 s- George Mesaikos B&S w/cov. Pantelis Papazoglou L10549 cp 324 Constantinos Zervos D: 2/18/88 George Tsavaris R: 2/26/88 to Jordan' s Park Place Ltd. ( 2/3 int. ) Pantelis Papazoglou ( 1/3 int. ) as tenants in common Tan stamps $1574 . 00 converted $393 , 500 . 00 Jordan' s Park Place Ltd. "/3 int . ) B&S w/cov. Pantelis Papazoglou ( 1/3 int. ) L10814 cp 149 to D : 2/15/89 Jordan' s Partners ( 2/3 int . ) R: 3/10189 Pantelis Papazolou ( 1/3 int. ) (no consideration) C H A I N O F T I T L E P A G E 2 0 F 2 Fotios Katsamakis Mortgage to L11530 mp 320 Constantinos Zervos D: 4/5/86 George Tsavaris R: 4/16/86 Amt : $20,000 . Constantinos Zervos Satisfaction George Tsavaris L11784 mp 460 D: 7/14/86 R: 7/18/86 Jordan' s Park Place Ltd. Mortgage Pantelis Papazoglou L13857 mp 131 to D: 2/18/88 The Suffolk County National Bank R: )/26/88 Amt: $440, 000 . 00 *This mortgage covers property principally improved or to be improved by one or more structures containing in .the aggregate not more than 6 residential dwelling limits , each having their own separate cooking facilities . (J L B as agent) The Suffolk County National Bank Mortgage Agreement to L16038 mp 51 Jordan' s Park Place Ltd. D: 2/18/90 Jordan' s Partners R: 6/1/90 a partnership comprised of : John C. Tsunis James G. Tsunis Charles J. Tsunis ( all as partners « individually) Pantelis Papazoglou (Note : John C. Tsunis , President , Jordan' s Park Place Ltd. ) M O R T G A G E S certificate of Incorporation #48 "Jordan' s Park Place Ltd. " D: 7/4/87 Filed: 8/12/87 Place of business : 801 Motor Pkwy. Hauppauge, NY 11788 M I S C E L L A N E O U S •t n,b fb �'ti xrl��t �y_fi�i° ,` �°�, -.n. '� •a•�,�. 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',- y :t"" •.n°:'- e`• . �4'GiS.R 3 r ; ,L Gf.rdayof April nineteen hundred •,:J .. :'ti' � �t �.Z r� p - �I1IY +t jyo{'1C.. THIS INDENTIL) BETWEEN Zlmwood Park Broadway, in the Borough of- Lis, residing at 88-27 ItansOm Street* Queens village, b..; is 11 4a;.,.` L.:.Yr.rJ Jr• e'1; �5 x.: New Most 24th Streete New York v ilecross Manot. ev iork �.. residing a f• j 1 1 t tile fiLst port,in consideration of ten dottars and ad that The party 01 second pot the heirs nt and release onto the party Of the Opaid by the party of Ow secoold part.does hereby Kra y of the second part for �-A county Of SU fTening In more particularly described in Sch A being edu3% AP attached hereto and made a part herecf. J T _ •lA �(:f Ir 1.".��+fin.�( J'}�. a, J. '`••r ,ik*tt f, 'J� Ik Ems, -d.. 1Vx s,..th yy.',�:•,w..tt G " ;i.y k -}'+ r� vy xv •, r r r'"�- �..lt4 J. c%..>,�:�' ' t.` ..Y "�".}i••'�iM}S`�t r�}.tQ'3'y„•`$:•,y}��i'i,ti .I.,tti° � .�r..;,.,�r�'� '�'"�SY^' v,R., '!�",`ti ��� '`.i.;.•.;d;� y. 'F y�•.1 � .� •' , )' J. .I flt, �07��F� .I�.r a:(..� ,:'�y"'I`6.r'rm>'���'T.., yj} L'_'�>� _ .iu.� •�r'x 3 �{•fir "TP1 .1� !.e,'.'�'•�t •i ,✓,l k. f: i.JS. f 1�A"`•.. w � .".•,i.:�� ' t ;• �, ,,Di �1•'' R .,;;)� jwil �. li-A • �,rf iCr scr i:„tu 5�. ;y a Y'` y.,� r+lr�• P J? •} ;� ;k qy F r f •� T r} :Y .yh q� 'b• �.� T r!�. .ti1J - >�'� i h.�'1:: 1� i t- ,i 'ty r - �, •= o. :r c '.9a!'i}. _ i a °''g'k'i�• ` _-42'�-}~ i'�.:r ,.<r. .•�K: •� ,'+li�'�. f y d'+ R -'��'s r '�(�,��, 4"(•3y tba• Y'o.S���a ? t S✓i"°, }. '•-.a .3 "s4 ,� y 'Y '•f: �,,y,Sii';u c ,. ti'T- ,j), "•'fi ,. l yy�, `! :r .,r?i^ Is ,t• [[�`," d e l cil'' .�:�. r-1t�• :x y. pY_. ta: 4 +.� ,,r r :� f, }JY� n°� �1R.♦-�'}vtA ' .4,:.'�:. -�1 �1,a1�'? .��. �� .; '�� 5,.` •< f J M+•'Y'�r�,?•�• ut}FI'�a �,+,�y•a..e �`�,. +* 1Rk r }+� ry / •�" Sy ) C �;', , M ��*7ti' ; � f .�%�4��,y,���n TP�I�GJ r k- ` �y� � ,� � t J• 4 �..aj,\i, mlt� �� �:• 1!k• y is aw., m c it Ryr`Lr J r. ,,1'�1�iz�4l �r.`'r�r1�'- ;.�. ..2 � "R} I�} ,1 �+�a Y�ij y f ;Z�',�• �� � icy �: • .1c�11 �'",°1 �rr�'iC ;. •'1,yy t .t t � 1 p' �yh,:_ y ��}a�i,cr,i4��1(g•�:c J l Mr ♦•f 1 t A,-•l J A �ti ,I r �`Syy's���r • 7" �._ }i+'S1a F r�titi>y I1�. , tr al � 3 '',�� ,r IiJ ti • r., _ p. i t ALL.that .certain plot, piece or parcel of land.situate, lvina and 1+rinn at Southold, County of Suffolk and State of New York, bounded and described as follows: .F:.....! �. RF.GINNING at the Northerly end of a line which connects �,�� �,;,_,. A•-:, �i the easterly► side of Main Stre!!t with the Southerly side of North , Road and from said noint of beninnine running thence North 74 +'denrees nR minutes 00 seconds Fast along the southerly side of North Read 498.74 feet to land now or formerly of David:= thence ' ialona said last mentioned land and land of Zevits, Anaevine, ~ ^`' Thilhern and Critchlow, •South .33 degrees 37'.minutes.-20 seconds Fast .341.07 f.%et--to land now.or formerly of Flatlev1 thence along =:staid last rIIvntivned land and land of. Moor-, Begley and Stavoh, ~ South 74 :lenrees 31 minutes 30 teconds west 194.1R feet: thence alone the-westerly side of said' land now or formerly of Stavoh ''• '` ;South 26 denrees 26 minutes In seconds East 164.64 feet-to the northerly side of Rnann Place; thence South 72 denrees 43 minutes 4n seconds west, along the:-northerly side of Knapp Place, 79.97 . feet to lan•l now or formerly of Greens thence North 26 degrees 21 minutes 40 seconds west along said last mentioned land 167.24 '.� feet; thence still alone said last-rentioned land of Green and JInnA% of others South 74 denrees 33 minutes -30 seconds west 352.65 feet to the easterly side of Main Streets thence, along a4d{ the easterly side of Main Street, North 25 degrees 25 minutes . 20 seconds west 236.36 feet= thence along the aforesaid line which I y ( iconnects the Southerl-, 40de of North Road with the Easterly side `of `+ain Street, `forth 19 denrees 25 minutes 40 seconds East 109.04 - t '""r ''"` i; feet to the southerly side of North Road at the point or place of '. >„�`.'• The above described tract contain% approximately 4.56 ' acres + and is subject to all easements and rights of wav of M. : } ��� $�•FrSr ��Wr �' atw�:!� ��{r* f t �'•>t�i �y-y� �� zP '`;s/ II+S,.(• P ,i" � '/' ��S' r x•. � is. '�.r� tr •►59f'.t � +d+'`' t s�� 'y,i, •ns f:•`. II �.'R"� -,�'yr,� •�� tbk�.�a.��( �-�r�l;r r`a �'K►� •fv!'� ��{- ' ;q�!oo � ,� �i Y �'y�al. ' 4 y N �(�Yt �fp � 5 d• 4 ,,ti� :�✓.,ky�tr5 ,+ I;'"n 3 r`''�:d �� ;E']K r�l�.Il)- 'Gr1 � i � ��•�,��-,�•7 apt �t,Cb'7r� t� �^a. �S,,,i n�,S �F .Js 6; r'YCr'� � c .• �?.•'•:+nr•-� s i'��°,. ['4 A fr �.d Y�,,�`'L ir`�.,f>• ,g�'x�yti tf `r,r j,F_p"' >�.ar,-(1.�. y,. y('t FL F .1 3 A. r w g• 5 ��F•.t"fWf1{i(i�s '. cLtr L r r qv�, ea A '4• 'R ' ����'r 2 i c��x' �'�Ih�i r'� J+{}•, t K"��a,...y x t ,�� ��:. rk •°y '��� -3 A'A� • yrn 'r' t� - � �'; z� -..' Ems.�'' ��' -ti r�Kx< y4�d •+Z�• �r • 2f: _� _"`� S ,.r• e y t�v.'� �' dr! �+ti,• 1!-.:? a ,rf�'MA•., w:. ��x, ,.t;i J�Ji•}�� a ;`yb,`•.� �� ��- �'�•'•. qF a'''r�9'�� F''s;,�Fj( �l 1. > � 9 d q�7,. �'•'(� J! {�� �f. yY���r�'.vlf.6e +' .7. ti+ir.21�S."'YYYlll�.....,+x,.`..y.•�(Y`�rs',K`asjnYiL(��r I Patricia Wood,- being dull turn, says that she is the Editor, of THE LONG ISLAI., rRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been •published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . .... . . . weeks successively, commencing on the . . . . . . . . . . 1 . . . . . j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sworn to before me this . . . . . . . . . . .�2 l . . . . . . day of � . . . . . , 19 . J. .v . . . . . . . . . . . . . . . . . .0. . . . . . . . . . . . . . : . . . . . . . . . . . . Notary Public BAR13ARA A. SCNNE1110 NOTARY PUBLIC,State of New Vill No.4°06846 QualifiCd is Suffa;k County Cummissiot, E7xpires 7:45 p.m. Appl. No. 3946- in an existing one family dwell- 8:20 p.m. Appl. No. 3701- NOTICE OF HEARINGS MATTHEW KAR.Variance to ing will contain less than 1600 CHARLES ZAHRA. Variance NOTICE I HEREBY the Zoning Ordinance, Article sq.ft.of livable floor area.Pro- to the Zoning Ordinance,Arti- GIVEN pursuantt to the Section III A,Section 100-30 A.3,Arti-. perty Location: 23 Middleton cle XXV, Section X 100-243, Ar- 267 of the Town Law and the cle XXIV,Section 100-244 B,as Road, Greenport, County Tax ticle XXV,Section 244,for per- Code of the Town of Southold, disapproved, for permission to Map No. 1000, Section 40, mission to continue to use the the following hearings will be construct an addition to a one Block 5, Lot 9. second floor apartment as a held B the SOUTHOF APPEALD LS family dwelling.Proposed con 8:05 p.m. Appl. No. 3950- - non-conforming use. Property TOWN BOARD OF APPEALS struction will have insufficient JACQUE KASABA. Variance Location: 140 Pike Street,Mat- atRegularown Hall, Main Meeting, at the rear yard setback. Property to the Zoning Ordinance,Arti- tituck, County Tax Map No. SouttholdholdT Location: 155 (Pvt. Road 1l6) cle III A, Section 100-30 A.4 1000,Section 141,Block 4, Lot Road, Southold, NY 11971, on WEDNESDAY, June 27, 1990, � Birch Drive S, Laurel;County' (100-33),Article III A, Section ,[nan at the following times Thx Map No. 1000,Section 128, 100-30A.3, Article XXIV, Sec- 25 p.m. Appl. No. 3915- 7he oliop.m ing times: l. es:No. 3- Block 4, Lot 4. tion 100-244,as disapproved,forDAN'S PARTNERS. FRANCES FRISBIE.Variance 7:50 p.m. Appl. No. 3944- permission to construct a deckance to the Zoning Ordi- F the Zoning Ordinance;Variance ANTHONY MERCORELLA. addition to dwelling and acces- e, -Article VII, Section Arti- cle III A, Section 100-30 A.4 Variance to the Zoning Ordi- sory pool. Proposed accessory71,as disapproved,for per- (100-33), as disapproved, for nance, Article III, Section structure not permitted in theion to construct office and permission to construct an ac- 100-33,as disapproved,for per- front yard area and proposedl stores.Proposed construc- cessory building in the front. mission to construct a two car construction will exceed permit- is not a permitted use in this yard area. Accessory buildings accessory garage in. the front ted lot coverage.Property Loca- rict. Property Locatio may only be located in the re- yard area. Proposed construc- tion: 80 Lakeside Drive & 675 Main Street and 160 Maiquired rear yard.Property Loca- tion only permitted in the red Cedar Point Drive, Southol- fid, Greenport, County Ttion: 8050 Nassau Point Road, quired rear yard.Property Loca- County Tax Map No. 1000,Sec- No. ,1000, Section 34Cutchogue, County Tax M'u tion: 2260 Peconie Bay Boule- tion 90, Block•3, Lot 14. k 2, Lot 1. No. 1000,Section 118,Block 5, .vard, Laurel, County Tax Map 8:10 p.m. Appl. No. 3953- he Board of Appeals will at Lot 2.1. No. 1000,Section 145,Block 04, PETER & CHERYL )N- saiatime and place hear any and Lot 04. ZERILLO.Variance to the Z.on- all persons or representatives de- 7:35 p.m. Appl. No. 3948- MGH ENTERPRISES, INC: 7:55 p.m. Appl. No. 3951- ing Ordinance, Article III A, siring to be heard in each of the ORIENT BY THE SEA.Special JAMES, PETER & CHRIS Section 100-30•A.3,Bulk,Area above matters. Written com- Exception to the Zoning Or- MESKOURIS. Variance to the and Parking Regulations,as dis- ments may also be submitted • dinance, Article III, Section Zoning Ordinance,Article III A, approved, for permission to prior to the conclusion of the 100-31 C.9 (e), as disapproved, Section 100-30 A.3, Article construct a deck addition to subject hearing. Each hearing for permission to construct an XXIII,Section 100-239d A.(2). existing one family dwelling. will not start before time allot- off-premises sign. Property Proposed construction will not Proposed construction will have ted. Additional time for your Location: 66040 North Road, meet side yard setbacks and will insufficient side yard setbacks presentation will be available,if Greenport, County Tax Map exceed the permitted lot cover and excessive lot coverage.Pro- needed.For more information, Greenport, npor Section ty Block Map age and will be within 100 ft.of perty Location: 505 7th Street, please call 765-1809. No.Lot 01. the ordinary high water mark. Greenport, County 'Pax Map Dated:-June 19, 1990 7 40 p.m. Appl. No. 3947- Property Location: 1350 Sound No. 1000,Section 48,Block 01, BY ORDER OF JAMES MARK.. .. No.Variance to the Beach Drive,Mattituck,Coun- Lot 17. . THE SOUTHOLD TOWN Zoning Ordinance,Article III he ty Tax Map N6. 1000, Section 8:15 p.m. Appl. No..3831- BOARD OF APPEALS Section Ordinance, A.3, Article.. 106, Block 1, Lot 36. RALPH & PATRICIA GERARD P. GOEHRINGER XXIV,Section 100-244 A as dis- 8:00 p.m. Appl. No. 3952 PUGLIESE.Special Exception CHAIRMAN approved, for permission to BRUCE&TERESA BLASKO. to the Zoning Ordinance, Arti- By Doreen Ferwerda construct an addition to a one Special Exceptioni to the Zoning cle III,Section 100-30B(14),for �,m 0 1X, 6/21/90 (18) family dwelling.Proposed con- Ordinance, Article III, Section • a Winery for the Production - o ii� struct will have insufficient front 100-31 B(14),for permission tco Storage and the Retail Sale oy yard setback. Property Loca- have an accessory apartment. Wine.Property Location:34876 tion: 450 Parsons I Boulevard° Proposed accessory apartment Main Road, Cutchogue, Coun- East Marion,County Tax Map ty 'Pax Map No. 1000, Section No. 1000,•Section 37, Block 1, 097, Block 01, Lot 12.1. Lot 18'. C••••• ..N,,a. ,Nu. J7J6 — NOTICE IS HEREBY GIVEN, BRUCE & TERESA BLASKO. pursuant to the Section 267 of the Spec'-' Zoning Z 'tception o the Z ' Towit Law and the Code of the Orrin � plle III, the 100_ Town of 96enelrehd;the following 31 B For permission to have an hearings will be held by the accessory apartment. Proposed SOUTHOLD TOWN BOARD OF .- ..accessory apartment is an existing STATE OF NEW YORK) APPEALS at a Regular Meeting,at one family dwelling will contain less the Southold Town Hall,Main Road, .. .-than 1600 sq. ft::of livable floor SS: Southold, N.Y., 11971, on area.Property Location:23:Middle- WEDNESDAY,June 27, 1990.at . ton Road, Greenport,County Tax COUNTY OF SUFFOLK) the following times: Map No. 1000,Section 40,Block 3,. Iot9. . 7:30 p.m Appl. No 3949 8:05 p m:Appl No 3930 Yvonne Lieblein of Mattituck, In FRANCES F3JSJ&&_Variance to JACQUE.KASABA.Varianceto.the said County, bein dul sworn sa s that he/she is Princi al the Zoning Ordinance,Article III A, Zoning Ordinance,Article III A, g y y p - Section 100-30 A.4(100-33),as dis- Section 100-30 A.4(100-33),Arti- Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, approved for permission to con- cle III A,Section 100-30A.3 Artie strut[an r cessory building in the XXIV, Section 100-244 gas dis- published at Mattituck, in the Town of Southold, County of front yard tea Acdessory building§ approved, for permission to con- Suffolk and State Of New York, and that the Notice of which may only located in the required: struct a deck a dition to dwelling rear yard. Property Location: 8050 z�"and accessory i 001. proposed ac- the annexed is a printed copy,has been regularly published in Nassau Point Road, Section said Newspaper once each week for 1 weeks County Tax Map No. 10000 0,,Section ,' ' �_- ' �- - 118,Block 5,Lot 2.1. Legals .. successively, commencing-on the 21 day of 7:35 p.m. Appi. No. 3948 Continued from previous page June 19 90 - MGH ENTERPRISES, INC. cessory structure not permitted in ORIENT BY THE SEA. Special the front yard area and proposed Exception to the Zoning Ordinance, construction will exceed permitted Article III,Section 100-31 C.9(e), lot coverage.Property Location: 80 I , as disapproved,for permission to Lakeside Drive&675 Cedar Point v v construct an off-premises sign.Prop- Drive,Southold,County Tax Map erty Location:66040 North Road, No. 1000,Section 90,Block 3,Lot Principal Clerk Greenport,County Tax Map No. 14. 1000.Section 40,Block 04,Lot 01. 8;10 p.m. Appl. No. 3953 — 7:40 p.m. Appl. No. 3947— PETER&CHERYL INZERILLO. 'JAMES MARK. Variance to the Variance to the Zoning Ordinance, Zoning Ordinance,Article III A, S t f Article III A Section 1 30 A.3, Section 100-30 A.3,Article XXIV Sworn t before me this _ Bulk;Area and Parking g<tlations, Section 100-244 B,as disapproved �— for permission to construct an addi- as disapproved,for permission to dayof 19fd MIN? tion to a one family dwelling. Pro construct a deck additign to existing r+•1�pi.l;L'tC , .'; i;<<C'''.. one family dwelling.Proposed con- 1 ^ St t posed construction will have insuf- Y g �oPos ,:f;`, ,:^.::•;"g t �, ficient front yard setback.Property con- struct will have insufficient side Location:450 Parsons Boulevard; Yard setbacks and excessive lot cov- � East Marion,County Tax Map No; erage. Property Location:505 7th' 1000,Section 37,Block 1,Lot 18. Street,Greenport,County Tax Map 7:45 p.m. Appl. No. 3946— No.1000,Section 48,Block 01.Lot MATTHEW KAR. Variance to the 17. ' lL� Zoning Ordinance, Article III A, 8:15 p.m. Appl. No.3831 — t2 p.m. Appl. No. V 'a — Section 100-30 A.3,Article XXIV, RALPH&PATRICIA PUGLIESE. JORDAN'S PAR S. V 'ance Section 100-244 B,as disapproved,`. Special Exception to the Zoning for permission to construct an adds- Ordinance,Article III,Section 100- to the Zoning Ordina ce,Article tion to a one family dwelling.Pro- " 30B (14),for a;Winery for the Pro. 1r�0 ,Secti _. 100 71,as isapproved, posed construction will have insuf- duction,Storage•and the Retail Sale for permission to construct office ficient rear yard setback. Property " of Wine•Property Location:34876 and retail stores.Proposed conswc- Location: 155 (PvL Road#6)Birch Main Road,Cutchogue,County Tax tion is not a permitted use in this Drive S,Laurel,County Tax Map Map No: 1000,Section 097,Block District. Property Location: 1000 No.1000,Section 128,Block 4,Lot 01,Lot 12.1. Main Street and 160 Main Road, 4 8:20 p.m..Appl..No.3701 — ' 'Greenport, County Tax Map-No. ` 7:50 par,. Appl. No. 3944 — CHARLFS ZAHRA.Variance to the 1000,Section 34,Block 2,Lot 1. _. Zoning Ordinance,Article XXV, I The Board of Appeals will at said ANfHON' MERCORfiLLA.Vari- Sip,100-243,Article XXV,Sec- �e and place hear any and all per- ance to Zoning Ordinance,Arti- ti,.244.for permission to continue sons or representatives desiring to be. cle III,Section 100-33,as disap- to uSe the second float apartment as heard in each of the above matters. proved,for permission to construct a a non-conforming ul Property Written comments may also be sub- two car accessory garage in the front Location: 1mTPtxe street,Matti- milted prior to the conclusion of the yard area.Proposed construction tuck,County Tax.Map No. 1000.�, subject hearing.Each hearing will only permitted in the required rear Section 141,Block 4,,Lot 5. not start before time allotted Addi- yard. Property Location: 2260 tional time for yourpresentation will Peconic Bay Boulevard,Laurel, L'be available, if needed. For more County Tax Map No. 1000,Section rmation,please call 765-1809. 145,Block 04,Lot 04. - ed June 19.1990: . 7:55 p.m. Appl. No.3951-9 BY ORDER JAMES,PETER&CHRIS MESK-. THE SOUTHOLD OURIS.Variance to the Zoning Or- TOWN BOARD OF APPEALS dinance,Article III A.Section 100- _ g GOEHRINGER 30 A.3,Article XXIH,Section 100- CHAIRMAN 239d A.(2).Xpgpasod.00nstruction will not meet side yard setbacks and By Doreen Ferwerda 6623-iTJ21 will exceed the permitted lot cover- -- age and will be within 100 fL of the ordinary high water mark.Property Location: 1350 Sound Beach Drive, Mattituck,County Tax map No. 1000.Section 106,Block 1,Lot 36, Southold Town. Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.L, N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. 1 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free tq call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff •1 Hearings for May 30 , 1990 - Legal Notices senC May 22 , 1990 to the following: Long Island Watchman Suffolk Times Clerk Bulletin Board ZBA Bulletin Board Mr .. R.ob.e,rt, Bo.hn. Box. 55. Peconic , 'NY 11958 (A. Lios ) Mr. Henry Raynor P . O . Drawer A Jamesport , Ny 11947 (Nicholas Aliano ) Richard Lark , Esq . P . O . Box 973 Cutchogue , NY 11935 (Eva Halla) Ms . Pamela Valentine 249 West 29th St. , Apt. 12 New York , NY 10001 Scott Zambek , Esq . 801 Motor Parkway Hauppauge , NY 11788 (Jordan ' s Partners ) Dan C , Ross , Esq . Wickham , Wickham & Bressler P . O . Box 1424 Mattituck , NY 11952 (Robert and Ethelle Schroeder) N0110E Of' HEARINGS NOTICE IS HEREBY _ GIVEN,pursuant to the Section 2 �� ,;.,267 of the Town Law and the '1 L5 ,K,Code of the Town of Southold, COUNTY OF S U F FO L K V the following hearings will be ss: =''.`., STATE OF NEW YORK +,held by ,the SOUTHOLD AY j 0 IRSO ; OWN BOARD OF APPEALS at. a Special Meeting, at the Southold, Town Hall, Main .:. Road, Southold, NY 11971, on Patricia Wood, being duly sworn, -WEDNESDAY,MAY 30, 1990, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, at the following times: :30 p.m. Appl.No. 3920— a public newspaper printed at Southold, in Suffolk County; A. LIOS. Variance to the Zon- and that the notice of which the annexed is a printed copy, -,:,ing Ordinance, Article XXIV, has been published in said Long Island Traveler-Watchman ,,,-Section 100-244,as disapproved, ' for permission to construct deck once each week for . . . . . . . . . . . . • . • • • •< • • • • • weeks additions. Proposed construc- tion exceeds permitted lot cover- successively, commencing on the . . . . . . . . . . . . 7 age, and will have insufficient side yard -setbacks. Property Location:310 Linda Road,Mat- day of . .tituck, County Tax Map No. • , ' 19 t. 1!1000,Section 106,Block 1,,Lot 14. .7:35 p.m. Appl. No. 3933— PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, `Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in the front yard. Sworn to before me this . . . . . . . . . . a:y. . . . . . , day of Area.Fence in the front yard area not to exceed 4 ft.in height.Pro- ;�y• , 19 .�V perty Location: 34655 Main / Road,Orient,County Tax Map _.No..4",.Section 019,11lock-01,-.-..:- Lot 5 &6. p.m. App.. 3914 . . . . . . . . . . . . . . . . . EVA HALLA. Variance e to the Zoning Ordinance,Article III A, Notary Public Section 100-30 A.3, Article XXIV, Section 100-244, Bulk, 'Area and Parking, Article 7:55 'XXIII,Section 100-239.4,build- p.m. Appl. No. 3915— BARBARA A. KPINEIDER ing setbacks from water or wet-' JORDAN'S PARTNERS. Vari- p�OT(,;;`( i''jFq!C. (,tats of New York ance to the Zoning Ordinance, rlo. 130'68416 lands, for permission to con- Article VII, Section 100-71, as Gs:.`i{i � Ssff;;°Ic Coo ty struct a one family dwelling. disapproved for permission to Ccm::is icyxpi:os ��3 /yo Property Location: 55 Glen construct office and retail stores. Court, Cutchogue,County Tax Proposed construction is not Map No. 1000, Section 083, ,, ,:permitted use in this District.. Block 61, Lot Ol.'.• ;;: ,, _ •< Property.Location: 1000 Main 7:45 p.m. Appl. No. 3895— _::.Street and..160 .Main Road,. 'ROBERT AND ETHELLE. 'Greenport, County Tax Map "'SCHROEDER.Variance for re- No. 1000, Section 34, Block 2, versal of the building inspector Lot 1. for change of use of land and The Board of 'existing building without obtain- Appeals wit .:•::ing a Certificate of.Occupancy, said time and place he any and Property.location: 4380 Main all persons or representatives de- Road,East Marion,County Tax siring to be heard in each of the above matters. Written com- Map-No. •1000, Section 35, ments may also.be submitted lock 5, Lot 4. _.` " "' 7:50 prior to the conclusion of the ,.. p.m. Appl. No. 3907— subject hearing. Each hearing NICHOLAS' ..ALIANO. ;,will not start before time allot- ted. Additional time-for your `riance, ';Article. III A, Section presentation will be available,if 100-30 A.2 (Article XXV, Sec- needed.For more information; : -.:tion 100-253 A), as disapprov- -'ed, for permission to construct please call 765-1809....,..;..,-:. : Dated: May 21, 1990 s -% a retail/office complex, pro- By ORDER OF posed construction is not per- BY SOUTHOLD TOWN .,mitted in this R 40 Zone Dis- BOARD OF APPEALS -trict. Property Location:29950 .-4:GERARD P. GOEHRINGER -'Main Road,30 Pequash Avenue, :..Cutchogue, County Tax.Map '' '"" ,'" `CHAIRMAN No.'1000,Section 102,Block 03 BY Doreen.Ferwerda .4t.01. c `r + ill 4111a ,,,1X,-5/24/90 (7) EBB kt Southold T Board of Appeals ! 1 ��� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 �� � TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS Gv ' GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time , date and place of the public hearing concerning your application is a ropy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update .your file. Yours very truly, GERARD P. GO ;H IER CHAIRMAN df f FUL otr Southold Town Board of Appeals � s MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Ud TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER,CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the following times: 7 : 30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County Tax Map No. 1000, Section 102, Block 02, Lot 12.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7 :35 p.m. Appl. No. 3909 - JOSEPH CORNACCHIA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Location: 835 Kimberly Lane, Southold, County Tax Map No. 1000, Section 070, Block 13, Lot 20 . 5. 7 :40 p.m. Appl. No. 3916 - GEORGE REINHARDT. Variance to the Zoning Ordinance, Article III, Section 100-31, as disapproved for permission to construct deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Property Location: 1380 Pvt. Road # 3 Trumans Path, East Marion, County Tax Map No. 1000, Section 31, Block 12, Lot 10. 7: 45 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7: 50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to Zoning Ordinance, Article III, Section 100-33, (Article XXIII, Section 100-239. 4 (A) , as disapproved for permission to construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan' s Road, Cutchogue, County Tax Map No. 1000, Section 83 , Block 2, Lot 7. 2. 7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A. 3 , for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037 , Block 01, Lot 17 .1. 8: 00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVIII, Section 100-281 (3) , as disapproved, for permission to -construct additions and alterations to garage with apartment. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 3, Block 7, Lot 5. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8: 05 p.m. Appl. No. 3924 - MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B) , for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23 . 8:10 p.m. Appl. No. 3918 - JOHN AND CATHERINE SIMICICH. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to .have a winery for production and winery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. 8:15 p.m. Appl. No. 39,07 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV, Section 100-253 A) , as disapproved, for permission to construct a retail office complex, proposed construction is not permitted in this R-40 Zone District. Property Location 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Bloc 03, Lot 01. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8: 20 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores, proposed construction is not a permitted use in this y District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, of 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda NOTICE OF HEARINGS 7:50 p.m. Appl. No. 3903 NOTICE IS HEREBY given, LINDA DAMBASSIS.Variance 8:10 p.m. Appl. No. 3918- pursuant to Section 267 of the to Zoning Ordinance, Article . JOHN AND CATHERINE Tbwn Law and the Code of the III, Section 100-33, (Article SIMICICH. Special Exception Tbwn of Southold, the follow-. XXIII,Section 100-239.4(A),as to the Zoning Ordinance,Arti- ing hearings will be held by the cle III, Section 100-31, for per- disapproved for permission to p SOUTHOLD TOWN BOARD construct accessories' garage mission to have a winery for .OF APPEALS at a Regular production and winery sales. ..Meeting,at the Southold Town• . Pool and additions to dwelling in frontyard area. Property Property Location:4250 Bergen Hall,Main Road,Southold,NY Location:2430 Dignan's Road, Avenue,Mattituck,County Tax 11971, 'on THURSDAY, Cutchogue, County,Tax Map Map No. 1000, Section 121, MARCH 15, 1990, at the fol- No: 1000, Section 83, Block 2, .Block 1, Lots part of 001. lowing times: Lot 7.2. .8:15 p.m. Appl. No. 3907 7:30 p.m. Appl. No. 3917- 7:55 p.m. Appl. No. 3912- N,ICHOLAS ALIANO. UMBRELLA.HOME CARE. EDWARD AND CORRINE . Variance to the Zoning Ordi- Variance to the Zoning Ordi- BIRDIE. Variance to the Zon- .nance, Article III A, Section -.nance, Article VII, Section 100-30A.2 (Article XXV, Sec- . ing Ordinance, Article IIIA, 100-71 C,._as disapproved, for Section--100-30A.3, for per- lion 100-253 A),as disapproved, permission to construct a sign for permission to construct a re- , , mission to construct additions proposed sign is not permitted to one family dwelling, pro- tail office complex, proposed in this Residential/Office(RO) posed-construction will have in- construction is not permitted in District. Property Location: sufficient side yard setbacks.. this R-40 Zone District. Pro- 28455 Main Road, Cutchogue, perty Location: 29950 Main County Tax Map No. 1000,Sec- Road,30 Pequash Avenue,Cut- tion 102, Block 02, Lot 12.1. Property Location:386 Parsons > chogue, County Tax Map No. 7:35 p.m. Appl. No. 3909- Boulevard,East Marion,Coun- 1000,Section 102,Block 03,Lot . JOSEPH CORNACCHIA.Var- ty Tax Map No. 1000, Section 01. iance to the Zoning Ordinance, 037, Block 01, Lot 17.1. 8:20 p.m. Appl. No. 3915- Article I11, Section 100-33, as 8:00 p.m. Appl. No. 3911- JORDAN'S PARTNERS.Vari- Article . disapproved, for permission to WALTER RAFFERTY. Vari=. ance to the Zoning Ordinance, construct an accessory shed in ance to the Zoning Ordinance; Article VII, Section 100-71, as frontyard Area.Property Loca- Article XXIV, Section 241A,- disapproved for permission to . tion: 835 Kimberly' Lane; (Article XXVIII, Section- constructoffice and retailstores, Southold,County Tax Map No: 100-281(3),as disapproved,for'-.', proposed construct is not per- 1000,Section 070,Block 13,Lof permission to construct addi-' mitted use in this District:Pro- 20.5. tions and alterations to garage perty Location: 1000 Main. 7:40 p.m. Appl. No. 3916- with apartment.Property Loca Street 'and 160 Main Road, GEORGE REINHARDT.Vari- tion:East End Road,Fishers Is Gteenport, County Tax Map ance to the Zoning Ordinance,' land, County Tax Map No. No..1000, Section 34, Block 2, Article III, Section 100-31, as' 1000,Section 3,Block 7,Lot 5.0 Lot 1. .. disapproved for permission to -8:05 p.m. Appl. No. 3924- The Board of Appeals will construct deck addition, pro- MICHAEL HERBERT.Special said time and place hear any and posed construction exceeds per- :Exception to the Zoning Ordi- all persons or representatives de- mitted lot coverage and has trance; Article IX, Section siring to be heard in each of the -insufficient setbacks from pro- - 100-91 (B), for change of use, above matters:.,Written perty line. Property Location: from Bed and Breakfast to a meats may also& submitted 1380 Pvt. Road #3 Trumans l three family dwelling in this prior to the conclusion of the Path,East Marion,County Tax Hamlet Business(HB)District. subject hearing. Each hearing Map No. 1000,Section 31,Block Property Location: 795 Pike will not start before time al- 12, Lot.10. as Street, Mattituck, County Tax lotted.Additional time for your 7:45 p.m. Appl. No. 3906- Map No. 1000, Section 140, presentation will be available,if CHARLES COLOMBO. Vari- Block 2, Lot 23. needed.For more information, ance to the Zoning Ordinance, please call 765-1809. Article XXIV, Section 100-'244- Dated: March 6, 1990 B, as disapproved, for permis- q. BY ORDER OF sion to construct a deck addi- THE SOUTHOLD TOWN tion to existing dwelling, pro- BOARD OF APPEALS posed construction will have in- GERARD P. GOEHRINGER sufficient sideyard setbacks. CHAIRMAN Property Location: 350 Oak by Doreen Ferwerda Street, Cutchogue, County Thx •1X, 3/8/90 (28) Map No. 1000, Section 136, Block 1, Lot 48. �. 1000;Section 070,,Block 13,Lot gue Cutcho ,County Tax Map L@teals �. M.S. - ,. 1000,Section 83,Block 2.Lot7.2. M.S. 2 .��' ■■■ 7:40 p.m. Appl. No. 3916- 7:55 p.m. Appl. No. 3912- Continued:from previous page OTICE OF HEARINGS GEORGE REINHARDT.Variance• EDWARD AND CORRINE. OTICE IS HEREBY GIVEN, to the Zoning Ordinance,Article III,• BIRDIE. Variance to the Zoning Matt li6k, ours T Pike Strut, .10 pursuant uen 267 of the Town Section 100-31,as disapproved for Ordinance,Article III A.Section Mattituick.County Tax Map No. 1 Law an tal bode of the Town of permission to construct deck ad&-' 100-30A.3,for permission to con- V000,: 0 p.m 140,Block 2; q 12- dd,, ` Pe 8:10 p.m. Appl.No.3918 - Southo`td,the following hearings tion,proposed construction exceeds struct additions to one family JOHN AND CATHERINE SIMI- will be held by the SOUTHOLD permitted lot coverage and has, dwelling,proposed construction will CICH.Special Exception to the, TOWN BOARD OF APPEALS at a ." ;'.;; insufficient setbacks from property have insufficient side yard setbacks. Zoning Ordinance.Article]II,-Sec- Ckr in Regular Meeting,at the Southold ".line.Property Location: 1380 Pvt. .Property Location: 380 Parsons tiro 100-31,for permission to have a Town Hall,Main Road,Southold, Road#3 Truman Path,East Man- Boulevard,East Marion,County Tax Cjpal NY 11971, on THURSDAY, : n County Tax map No.1000,Sec'• Map No. 1000,Section 037,Block winery for production and winery MARCH 15, 1990,at the following tim 31,Block 12,Lot 10. 01,Lot 17.1. sales. Property Location: unty parr, Bergen Avenue,Mattimck,County times: 7:45 p.m. Appl. No. 3906- 8:00 p.m. Appl.No. 3911 - I Of 7:30 m. Appl.No. 3917 - CHARLES COLOMBO:Variance WALTER RAFFERTY.Variance to Tax Map No.part of Section 121, ' P• PP Block 1,Lots.part of 001. � hich UMBRELLA HOME CARE. Vari- to the Zoning Ordinance,Article the Zoning Ordinance, Article 8:15 p.m. Appl.No.3907- ance to the Zoning Ordinance,Arti- XXIV,Section 100-244 B,as dis. XXIV, Section 241A, (Article NICHOLAS ALIANO.Variance to I in cle VII,Section 100-71 C,as dis- approved,for permission to con- XXVIZ Section 100-281(3),as dis- the Zoning Ordinance,Article III A. eeks approved,for permission to con- struct a deck addition to existing• approved,for permission to con- Section 100-30A.2(Article XXV, struct a sign,proposed sign is not dweMg,proposed construction will, .Atruct additions and alterations to Seaton ay of permitted in this Residential/Office have.insufficient sideyard setbacks..: garage with apartment.Property 3 A),as disapproved, for permission r4 construct a retail (RO)District.Property Location Property Location:350 Oak Street,- Location:East'End Road,Fishers office complex,proposed construcr 28455 Main Road, Cutchogue, Cutchogue,County Tax Map No.. ` "'Island,County Tax Map No. 1000, lion is not permitted in this R-40 County Tax Map No.1000,Section ,_ 1000,Section 136,Block 1,Lot 48.. Section 3,Block 7,Lot 5. Zone District. Property Location: 102,Block 02,Lot 12.1. 7:50 p.m. Appl. No. 3903 - '"'' 8:05 p.m. Appl. No. 3924- 29950 Main Road, 30 Pequash ; 7:35 p.m. Appl.No. 390.9- LINDA DAMBASSIS.Variance to MICHAEL HERBERT.Special Em- Avenue,Cutchogue,County Tax JOSEPH CORNACCHIA.•Variance Zoning Ordinance,Article III,Sec- ception to the Zoning Ordinance, Map No..1000,Section 102.Block . to the Zoning Ordinance,Article EL tiro 100-33,(Article X 01,Section L.) Article IX,Section 100-91 (B),for 03 Lot01. Section 100-33,as disapproved,for, 100-239.4(A),as disapproved for change of use from Bed and Break- :20 p.m. Appl.No:3915 - permission to-construct an accessory, permission to construct accessories'' fast to a three family dwelling in this JORDAN'S PARTNERS.Variance shed in frontyard Area. Property. garage pool and additions to. Hamlet Business (HB) District. to the Zoning Ordinance,Article': Location: 835 Kimberly Lane,• dwelling in ftmryard area.Property' VII,Section 100-71,as disapproved'- Southold, County Tax Map No., Location 2430 Dignan's Road, See Legals, Next pag for permission to construct office; ' and retail stores,proposed construct+ i is not permitted use in this District. - Property Location:1000 Main Sheet ,.- -- and 160 Main Road.Green ort; P _.l- - - -. County Tax Map No. 1000.section.• G 34,Block 2.Lot I. e Board of Appeals will at said time and place hear any and all per-- sons or representatives desiring to heard in each of the.above•matters.•. Written comments may also,be sub- . mined prior.to the conclusim.of the subject hearing.Each hearing-will not start before time allotted.Addi tional time for your presentation will. . be available,if needed.For more information,please call 765-1809. . Dated March 6,1990 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS -- GERARD E GOEHRINGER ' CHAIRMAN'. by Dorear•Ferwerda HOLA Lin 1gigSouthold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1.,`kLY. 11971 TELEPHONE(516) 765-1809 FAX NO. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN March 15 , 1990 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S.E.O.R.A. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3915 Project/Applicants: Jordan ' s Partners County Tax Map No. 1000- 34-2-1 Location of Project: 1000 Main Street and 160 Main Road , Greenport ,NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to construct office and retail stores . Proposed construct is not a permitted use in this District. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant, adverse environmental effects are likely to- occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department 'is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .23"j . For further information, . please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at i ( 516) 765-1809. tr per' M rimr[L n.o Zfrlarwc e'rlrrt AUIN -Ad OPAINAL(�-- e1 fir,5 �Hl lion1.3 - -•- N O R T H R O A D (S. Q 25) -- b t sows '"' NIDc) [naT/Nc w ru1I Lit) 0 S ACCA LA , SIW / fi [a tin [ �.�• / NIfb4 y�ru•z n.L rou!( PARCEL o. KEY HAP /'• /000' TEST BORING R ua�a-u-m awns M flnuu rw)iD�fG -• tT�•{ ) �� � _ S/TE DATA (PARCEL At.. Q f \ \ ­Aw JIT! A. 9ALRC! a 204.485 ar. L / -� /'/ \T ! J. g � ___ ��Q 1•\ ' AfIA M d1I1D1N4 19.00D 2 Sr. K • _ L N.r y aT far oOCYIINCV 14. 1 - /��•{ 1 L°• 1 /NTINOtD Y!i ar.0•rK(!,fITY[ _ l; 1 ] (rAOfINL .l}1 lA[RING RlW,tID (Slf MtRIMG arum-a0ay)M203!TALL! 11 G rm'6 y /AtRIMa P[aViara 20S.-s 25% 47.e9el.r. U YQ \ : \ \ 2 Sao°!/ L�l F r(IrW!afs uwarurowG ItawP[D , /9,159... •"'� ✓L Q. L- PaSr(tr✓tat`° rDN(b'r -AlG> LEGEND 'I )Cl T • , [!'• _ •'�2l•�,b. � d l b..._�.-�'^�_-i b d, D 1a' "2!• /!' : h wDl([L 30.0) ur(r rRla nvc Gau I11 I �) AL __ �• ; LL SOD .."AM 1taMffD G4Aa( t'l I S N rv.+n" D15rtIS tool. ' 50.0 .YD/CAT(s ral N LYta(t[✓ 104 �` 54t' I h tea. Tr - M 195 wau rn (DTrwl v alre rLry T/oN Y a,tt�T/oN,ry Ju<rA[r P p) ANC(VN[ -- IwartArp [er LAND5CAPiNC, LE END ^ 11 naroaEa me 5rorr eulLnlAc l/�[Aaaroro ° O,�\ e .An star 29,00o ar. rN' I v112R•iuf< V✓ wG L\ LawSDN/LAN( lrnrr Tr([s 3-C-IR [L.•13.0 I Il.aoaaOD r \r O A[bf WrA( ?0`q. Iz '-�K! Na L JAPAN[3[ 3cI[R PWE L'Nm. 1v )_ ; t? J1•, �• DRAINAGE CALCULATIONS (2'AA__") �R 31 / �7'1� l ...,.'•� ARu• �. az�,Y Y, \8 �A Ct, .i- N� rNaeE4L Afu M,. I m-.r: 30.129 11 .17 IDDX S122ar i i•} } {.1 n r d• I _ _ 9 UNOSUPW4 r 5,A79 Sr • .17 IS X e9 Lr. ITORAG8 a[D'O• 3211 •r 7L.ZY/ DY 9 )<LJ b'/ • 9,3'DIfP •el Vr SSIS[-I.d.P4D/O[P AREA Na 2 • MY[N[ T !7. 5 71'35'3D•[ �� aN`N6 332.G3' 3 71'S'30- •/ N r l30 a.r: . ./7 • KOX L350[.r. �•t�� �wI rf•[l W[I4R CIITWLOt' Ir LANOSCAPiwG' 2,130 rl. r ./7 • /SX • C.r NOaTH 1 �r l51 Liu) roTAL YafAa[ a(O b.• 4A15 C.r-93.73 r/ YY 12/AILS /O'/• e'a[(1•a 94 r./. • 4548[./PRor.D[D AREA A. .5f•fi• S S 1b r' 30821I. . .17 r./00% 524 G "YS£a \ 1.• (MfOruPINGI'2275 lr . .17 . /5X 5e c.r M TaTAt f]bllGf R(04• 3a2 l.r 8.5✓r x4 t U![ / rLrw. IO'/ • 9'O([P• 9✓1 6/4 [/PRWIDED 4 Aa[A N.I Y L l T--�I MV(HW : q/3311. • ./7 . /00% Ir25- SANITAT24 DESIGN 1 A'r►iiuw rY 1 �Thc �KI. I I i amP' 9,570!.< , .A /oox /L27 c.r. SA rtOr:oaK[: DE51•.N Lf!'• 472 VD \ I I TOTAL 37o.GKr rt00. 3353 C.r.A~I Rr us[ 7/DaL! /o'/ • 7'D(v d9 vrt 3353[.P:P.mwa[a WILV3uu•Rrf(TgrL 25C0 11 . .lS cCw 1(25 c1D 1 A[EA No 3 ORV[[TAIL £5f.�•1• .0.5 W• 125 ID I.la' C.DfIQ , l°rAt Pl 2022 VD tnxn' "J l� PAVfNWT/ A7,70/iR . ./7 '0°X ,\e DCSIGN ra 1300 VD PIOr raft / 12,490 /7 . 4. % • 2137 I.. 3FPTK TWR, L500 GPD r 2 CLAYS I S000 REAL CAPACITY TOTAL!]OtAU A!lD'D _.�79 G LCKNINL root I 2500 crD s I.5 Ghr • /447 ar Y �t fA[ 6 /yids A7'd •6'af(1• N R/ /379 C.l P,Ofrra[D IL47!! 1 232 V/7 LL54 VP-lNO CI.rtANE%LfATC m Y5E -1• ♦ AREA No 4 DEV• 7z'r//for,om CJEADf.s-0'.6 _ C PAY( r 1 I/.331 r.l ./7 . R x /910 rl. ILIDYLINf- �.L KQa • &W GAL/AC[[•2e19 GPO !LINE TbK SIAa �l I 6.240 1/ • .7 • 100X • /IO< C./. KTUIL - (srt DAILY rear CIIL) 2OL2 GPD y!� �Ytr ,3 R'Augr10-[ 79.97' [ TOTAL 37-r [R[oo• 3344 1, q'1 _ _- __--- -- `fi1G./14. Ifr[ YY 7 MaLJ R7'/ . a., Si rP • 3e32 CJ.P. ,.- •IG 4'Mro A"i rwOi Im/rRAMr!% ftV.8-27-81 /ca.Ra ETY/KAL) K N A P P P L A C E PARKING BREAKDOWN.(Sol a-zl-e4 1 .(Sol W-) "V a-R•e4 RETAIL I 140)0 ar In W RQ Afr.1!m A�W• /00 aTAus REV. -- [ fclall I'•!a' REV 4-/7-a4 �tA••O.(rh 6lVRl L3Do lr uS[ai£2LN]R AOA.I°°v/V. 25 9TILL1 .ICY.4•3•K -______ dnifT •O 1 C19, I 7.e00 fr uL011 n4R(A[[A f M W9. 76 5T40a LIGHTING LEGEND % SPEClF1CAT ON �+ 7orAL rAnfwc rtrn•D 'm3 sAus Sarr Ca.TAr HAP'Na /aoD-st-2-l PtDPvam orar ![ran r[u 4R EEMpORT HALL I, d, (. G.C. ToyN i(h1uTRY LWNuIAIfC NDYYT[D M IE rolE 7 1p„ �vL NAwiT!Na[r cR NraRr T aei/rNOLO AI L.C. MR F_- aW[DING Ha+✓Tl0 (� more, All 71WG ,c i a4fV(✓ I4rbRrIArMN/RbV �,•/••SO• ..s.•o �•,.�.° ' m Z aufr(V IY roDcf cR KW TWL,A..c �• w T£, ALL U"N 1G VA e(ORI[NrM 30 T T"Mr (\ '�1.23•e4 �`�O eO4 }.. a'-0�l4 !°'-°' u `� -„• /i 7L n awluora rRw ALNA(rNT PRu rx-.j m[D[Aw SEPTIC TANK Ob¢R Nb2f - fC I(2CC A]0 F p•ber J.b LtrOOa.N V 11]OS lIOMtAao �hNITARy L(ACMINQ pool TI 5000 4-LAM.7V WY - W.MN Iwrlac Pool7a w L v y SITE PLAN /.° T L D ' S •� . Y Southold, N.Y. 11971 1516) 765-1938 June 25, 1986 Mr. Robert Gruber ARchitect 476 Espressway Drive, So Medford, NY 11763 RE: 280 North Road Dear Mr. Gruber: The following action was taken by the Southold Town Planning Board, Monday, June 23 , 1986. RESOLVED that the Southold Town Planning Board approve' the site plan for 280 North Road for construction of office and retail complex located at Main Street and North Road, Greenport, survey dated as revised June 17, 1986, tax map no. 1000-34-2-1, subject to: 1. Receipt of a curb cut permit from the NYS Department of Public Works. 2. Removal of the term "parcel two" from the residential land owned by .the applicant. The Board does not want it to be construed that this has been subdivided. Upon receipt of the curb cut permit and amended surveys eliminating the term "parcel two", the Chairman will endorse the surveys. Please contact this office if you have any questions. Very truly yours, LCW BENNETT ORLOWSKI, JR. , CHAIRM1A ���� SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING_INSPECTOR = P.O. BOX 728 r -. Ln TOWN HALL U _ y SOUTHOLD, N.Y. 11971 `tJ N 2 v �y$6 June 23 , 1986 Planning Board Town of Southold Main Road Southold, N.Y. 11971 SUBJECT: Greenport Mall Main St. & North Rd. Greenport, N.Y Site plan--revised 6-17-86 Gentlemen: This will certify the above site plan in meeting zoning regulations. Y s truly Lfi ward Hindermann EH:hdv Building Inspector -..acnJ.v, ..acv�viKau.• Jtt-.YAKJUJ114 OKCAr.LWW/V_4'UJV . E ) L03 STAGES . - I .. PARKING✓. AZOVIVED . . . , 203 5fALL3: 4' fa I -- I . ,_LAVDSCAPw-r. +I COUIRED 47J898 3.i.`_. : . BIJQG s.ORS . 4A«VDSCAPM14 :«PROVIDED.. 49113 r-; _' F 8.2.I PERT':'ZONED.. ZONE.IS' ., _ . '-..,. I . LE�' N..D ' EG;:St7 0 I«�fD/GATES . EX/SVA...,4RA M.- r ' EL':50.0, :: ,INa/C:9TEs .:A :.4«?A11E:• --_-,ZC Je.&S,, ..,TC .;50.t.? . 1WZICAT.ES' blo';DF CURS 'ELEYAr1oN. • . t .a0 + �5 /I�D/cA.r.Ea. $orttiH aP e�iAe.: ECEv.�T�n�l :.. 1 r `' !�t DlCq r&S OIYE ' {r ;�- -,-i" GTION ;OF sclRFACE; F[DID' J...­ .1 ,._.�— 1. .w­�7: ._ ..,-. . i -i-,t '3 u ♦ItrZ ,c t c []� 1�f) /i 1�j)) : �; ,y 1 .., {,�1 r pFI�bN PLANE 3EET; T+REE,S $""Cr[Y.jPER ;, ,,-_ , ar �, 4v ;1. v Y4 ;5•ui t t .t��{.� e�l. .��J ..�s � , Js4t, 4,«N�.ESE ., A' pINE.:j �•.::iFilt�N- • ` ,'l' , �,� , `;r y s �7d ��kt t tiI r r i �,J «�Y{� w� Al/ .' .J�I ` x. :a..-;r:<`. rr. 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'1_..t A, !.,r , , .J �. r I f -AAYR wt i Q✓�,F�`��3 M J 7� l-1.F x. 7•}/i�©«TO = /72 3:�'.fr *.�. ief 4 !F ,J 1 J, 4.p11.!+~ « ti,l -../1-'.M X h�•,J7 �,.f �..lj.0 .. 1.�Zy'C«F J t "�` . ;� i �, Y N,i' �'.7' 'e . -h S r u r'-�^•. /��J��} ,1� /. . r }�"�/�'re •+ !/��rJw�:-t—+r. �;}� , ; �} Y j iR�Y is « ' ,,�'�,k�"'ts 4 I '�—c'J h 4( S,_ 1%'J �. .V./'I�� i�NS4G.t.�.4.�/�1 3V�/ �f/^ ATV.�. ,- {r { � d a P�ot.5 �Q" �' ° 8 v , 335,3 C} . PRovr�. —r k , , y �y y� ,fi t G�k i7r :'r $ t f �ra .�� /NQ J� _ -" _ r r *,6, a y k `S< -.� Y r t a.I ,•,.g, t .. rf'A�1 1I�y�I !I!�!�'np'/!!1 f!/'� f" L - . .: y' t k t; „+., y,.,. ;r1. ,.ti .. i ) }�< 1 k '� �' 4, ;:Y � Y6*9.ii=-�' al�Kj/'y��& J�.. .�-•� k F .F�,i�F�( 1 v� S18 . _—, : ,qh- tl s- 4} i t,x'' ' M S3 s fi I`i -'�v f.�a0�7� s S'��- -J(�..>:�}/,S.G e , � .alt�" « i ` �L I } t•' I 3 �, p ♦J �I . �- V'_4 T6 �iiM•'.J.� _# 397 :c.f`� 61f� t « t :, + � i�.fT r �137 C F 7PP.D 1 i,r ,` th t;,:� �IJ2EA:.Nc. Gv. r �� .. 7 PJR&4ENT /, . .. If /�1, �e 19l00 C„�531 f e..:,� �r i 6,Z s f .,IX. x J< io 9 l4 0 0. W.,.::: , i t f " ,• 0i . .STOR'A E RED ID 33&+¢ c f ':'. LIS> :.y �.f11 x ....8�'A4fp,. ', .SlcYF 3832:.:C.F.- JQOdwr 1.. . _ PiA6�NING� OAR® , �� `" REV_�8-27-r ._F0 V,, ,6P SQUT�#®LD - tXFJ4"<s.fOG�1titi57',#- tDO`,3TAC45, DATF- Ej�1� J li ) ' -a-:'j2:-6 y is Ioa t� ,2.5:,StACLS > y 49". `14W Sf� ?� 7, r•3TACL8. ; :. . ..:?Ef/ �'jl3-.& j.;:RF�'A k.-:?.m :srAu,s ' Cq.. TAX J�A ?1V4. ./ODD:-.3 - 2- 1'`. z , : :� - t�?OPQ3Ea. Yb+�FICE i . RETJ47L CQNPLEX F 3I , — " _ ED Ah+ .R E E N PO.R.T.. .. LL.._. .. . .. x r,51J4E1� r't�*QRi'7 ✓�(Aj Ir � J. }\Gj��'�T J RChi�, E.-..bK'Awlv.Sr'�vwrr...RD 'Cc•�EEN}?Dgr Toi.,Wu7.7 vc4r:"-C t�A�cl .�J? �.' G 9tA{ dnwv¢D or SwC «. .. t�` i "'1! :Ro r Gruber -`.Architect}, {,:.. '' "' x h o a7 V.'tt763 5ie�554�dG� { ,.. .- > , , 9�F! ash'y . 6 Espres"Y Dave. 5o Me&ord..'N. A C ' rf' t: 1� '� x` F 40F N�t� jj�J'�� ) ^�-��l aR+vvre, ;11y�Kc� .4 ':� !r: L f .f..�:d,J-4. ° TJ1C+alr- :!"`._..+.::,_'�+�- __ - ~. ,4 { `w ..COA7?SE_ BASW 4.RaVEC._. • ___LS.tow ,.; CObRt - MA 7. s sit='rdvnmeit�c ►mot n ,Pc�l:7"E D A.TA . y. ,, •` r : PARCEL'-, IVo: l - r �. AREA. OF SITE. 4.699 ACRES OR.. :AeCA. .49. $ I(LV/vc� 29,DOl3 .S.F. ocUPNc�,a T1VTE.VOET, USE PROF. OFF/CES. 'RETAIL' ` PARKING'. EGitI��QED (SEE P.4i?k/4/C. BREAKDOWN?SEww) .:203 STALLS `t >?ARiC/N A�PQNIDED . 203.STALLS' r----- GA A5f,.4P/N,�i #EQU1RED 25rf F .47.,698 s,F. 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[.,11 .ice �• r . t ) fi, 1•, J r. �y c J' ae K'. 7 'a• 6r '( c YL rye'} `F• a S?,�_ ,1'.' :7' f $yyyam• S }.,:, t �l Y "L.-: :�%''' ..r• :',fir.'.: [ •n•i.i t•, 1 a L zl J •rM•. 1, .K� r lk . i J� +, h+)• yt,. `'r!:rs b`• v 1� y +Z ,�S. , u♦ [/ra Iw l' DVS ;F" -btr r'•N '.!' F h 'M .r•' r• 't�' .r i•t 'ti•.. J.r,• z P. •r�i'f�' � f w. •%,,.�,' :is Y f_ .x` 'ri- �� 'fit•,.. 1•... •.' .,. .i•a !•..:':!: � ..._ .'.:.: '+' a U 1 (,.. f` k , `] '•t', +/( •'I' .. .J:-, .•fir. T".:P' ,�J, S� �'d\�,r ,R' ':.A C 4 0, l.. f}^•. [ f TOWN CLERK I TOWN OF SOUTHOLD �4 Suffolk County, Ncw York 516 - 765-.801 `, l�© 11147 , i �' ) i Southold, N. Y. 11971—�c�- 19 ! RECEIVED O ! i Dollars For i Judith T. Terry, Town Clerk ! b Cash ❑ Chick JW B9, i 1 I I I ' I 1 1 • I� t , i i �I i 2 8 ,6 FEi3RUARY 4., 1986 �/6-cO,c/ C r r Supervisor to schedule date for interviews. (4, 5, 6) Requests for waivers from the provisions of Local Law No. 14 - 1985 - applicants to appear at 2:00 P.M. (7) Letter from Historian Goodrich relative to preservation of the historic quilt now on display in the Meeting Hall.. Board feels quilt should be encased in a cabinet and Supervisor will make arrangements for the construction of same. (8) Letter from Harbor Master Clavin which was discussed in item (1) above. (9) Letter from the NYS-DEC with respect to the Sewer Use Ordinance for the Fishers Island Sewer District. Town Attorney Tasker will be asked for review same. (10) Councilwoman Cochran asked the Board's feelings on the proposed allocation of funds for updating and reprinting the "Southold Town Resource Book of Service Agencies and Related Associations" by the CAST Substance Abuse Committee. The Board was in agreement and it was suggested a large portion of this could be done-on the Town Hall copy machine. (11) Request of the Conservation Advisory Council to use the Town Hall meeting hall between 9 AM and 2 PM on Saturday, March 8th and the use of their budgeted funds for refreshments, when they will meet with CAC's from Southampton, East Hampton, Riverhead and Shelter Island. Board agreed. (12, 14, 15) Waiver requests-- applicants to appear at 2:00 P.M. (13) Date for interviews for Building Inspectors will be coordinated by the Supervisor's Office in conjunction with the Building Depart- ment. (16) Letter from Pelletreau S Pelletreau relative to approval of site plan for premises zoned M-Multiple at New Suffolk Avenue and Camp Mineola Road, Mattituck was discussed with the Planning Board at their 9: 30 A.M. appointment. (17) Receipt of report from Attorney General Robert Abrams with respect to Sanitary Landfills in New York State and the Potential for Hazardous Waste Dumpings in which the town of Southold is mentioned. (18) Proposal by Phone-Review, Inc. to report discrepancies to the New York Telephone Co. and obtain credit was accepted by the Board (see resolution No. 25) . EXECUTIVE SESSION 12:25 P.M. - The Board discussed personnel and wages. 12:50 P.M. - Recess for lunch. 2:10 P.M. - Work Session reconvened and the Board met with the following applicants for waivers of the provisions of Local Law No. 14 - 1985: Andrew E. Goodale, relative to the consturction of an office in an existing dwelling at 7655 Main Road, Mattituck (see resolution No. 26). Garrett A. Strang, on behai of Gordon Schlaefer, relative to changing the status of the Wedgewood Shop, North Road, Southold, from home furnishing accessories to home furnishings and accessories. This request is being held pending the redefinition of uses in a Limited Business District in the proposed zoning code. Charles Cuddy, on behalf of Barbara Schriever, with respect to the uses of her premises located on the west side of Tabor Road, Orient (see resolution No. 27) . Gary Flanner Olsen, and Edmund and Joan Pressler, with respect to the use of the Pressler premises located on the north side of Route 25, Southold (see resolution No. 28),'Jr-'-John C. Tsunis, on behalf of "280 North Road", with respect to the premises on the south side of Route 25, Greenport. A waiver was denied with respect to a proposed use and now hir. Tsunis stated the applicant proposes to utilize the premises to conform with the uses in a Residential Office District (see esolution No. 29). Katherine Farr and her husband with respect to their premises at 110 Manhanset Avenue, Greenport (see resolution No. 30) . Patricia Moore, rep- resenting Rudolph Bruer, and Mrs. Janet Tucker, with respect to Mrs. Tucker's premises at Fishers Island (see resolution No. 31. . .which was denied) . 3:05 P.M. - Jeanne Marriner, representing the League.of Women Voters, appeared before the Board to urge them to undertake a program of public education about the- proposed zoning law amendments before going further with the process of enacting the new amendments, and the League's offer to assit the Board in informing Southold Town residents in whatever way they feel is most enlightening and appropriate.--- Mrs. Marriner also addressed the Board, as a private citizen, with respect to the Master Plan and her opinion that the Town Board are going for short-term profits without considering the long term economic vitality of Southold Town; there is no marketing plan -to develop the economy around. In a prepared statement Mrs. Marriner stated, "We do have a potential unifying concept - the unique character for which there is and could be a great demand. The North Fork could be another Williamsburg, Virginia for example - attracting tourists and our seasonal residents year round and providing dollars for our local businessmen." She offered to explore her concept further at another time, but urged the Board to think long range plans and what they arm building for the future when they consider zoning changes, and urged that they talk with the Economic Advisory Committee before they are pressured by the developers into making serious mistakes with the North Fork. 3:15 P.M. - Tony Blados and two colleagues met with the Town Board to discuss possible life insurance coverage for certain Town officials, the overall cost of which will be analyzed by the Board before further consideration. o V7 K .,. cn Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1986: WHEREAS, John C. Tsunis, Esq. , on behalf of 11280. North Road", has requested that this Board waive the provisions of Local Law No. 14 - 1985 with respect to their 'application presently pending before the Southold Town Planning Board, and - WHEREAS, John C. Tsunis; Esq. appeared before this Board and explained the nature of the uses for which he proposes to use the premises in question, and WHEREAS, this Board finds that the applicant proposes to utiliie the premises to conform with the uses in'a Residential' Office (RO) District as proposed by Raymond, Parish, Pine 8 Weiner, Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and they hereby are granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in their application presently pending before the Southold Town Planning Board for site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other governmental agencies having jurisdiction thereof. Judith T. Terry �-- Southold Town Clerk i o b 0 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD . January 24, 1986. John C. Tsunis; Esq. 35 Vanderbilt Parkway Commack,. New York .11725 Dear Mr. Tsunis: The Southold Town Board discussed your letter of January' 13, 1986. with respect to. 11280 North Road" at their `January 21st Board meeting. . The purpose of your letter is unclear since the Board denied a waiver on October 22, 1985'. The Town Board would like to meet with. you at 2:00 P.M., Tuesday, February 4, 198& to further discuss your request,. to which you have agreed to be present by way of a telephone conversation with. me. Very truly yours, -= - Judith T. Terry Southold Town Clerk rC ,f; - s Southold ' Town Board of Appeals. MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ti. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS RECUVEi% GERARD P. RNJR, CHAIRMAN CHARLES GRIGON SR Q fl N y ,y 1RC SERGE DOYEN, JR. �lli l� 1 6 ROBERT J. DOUGLASS JOSEPH H. SAWICKI T-0 : Judith T. Terror , Town Clerk FROM: Linda Kowalski , Secretary DATE: January 17 , 1986 SUBJECT: Pending Applications - Moratorium Reviews In response to your recent requests , please be advised that we presently do not have an application pending or under consideration by our office for either of the following : "280 North Road (presumed to be at the southeast corner. corner of Main' Road and Main Street)-, Greenport . William J . Mills III or Ballan Ford a.t the south side of Front Street , Greenport (abutting Celic Estate Agents ) . C TEL. 765-1802 ��UFFU(�trCpG TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR o= = P.O. BOX 728 cn TOWN HALL SOUTHOLD, N.Y. 11971 January 17; 1986 To: Elizabeth A. Neville Deputy Town Clerk re From: Victor Lessard Exec. Admin. Re: Waiver Request "280 North Road Corp. " Upon researching our files I find that we have nothing more on file since your last request of October 17, 1985. VL:dsm attachment r. P. A NI FQ Q D T4 Nf SOU- -H LD RECEIVE® S' F ; " . Y Southold, N.Y. 11971 (516) 765-1938 January 16, 1986 Mrs. Elizabeth A. Neville Deputy Town Clerk Southold Town Hall Southold, NY 11971 Re: Request for Waiver "280-North Road" Dear Mrs. Neville: In response to your correspondence of January 14, regarding the above mentioned site plan, please refer to our correspondence of October 18, 1985. The Planning Board has not received any additional information since that referral. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ZIPt: = Town Hall, 53095 Main Road 6A ®�' P.O. Box 728 Southold, New York 11971 JODITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 14, 1986 To: Southold Town Planning Board Southold Town Zoning Board of Appeals Southold Town Building Department From: Elizabeth A. Neville, Deputy Town Clerk Re: Request for a Waiver - Local Law No. 14 1985 Please submit all pertinent data in your files pertaining to the request of 11280 North Road" at Greenport for a Waiver from the provisions of Local Law No. 14 - 1985. Attachment JOHN C. TSUN[S q qq _-Attorney at c aw- 35 VANDERBILT PARKWAY COMMACK. LONG ISLAND, NEW YORK 11725 REMED (516) 499.8070 JAN 14 198&' January 13 , 1986 Judith T. Terry Town of Southold Main Road Southold , NY 11971 Re : Site Plan at Greenport "280 North Road" Dear Ms . Terry: The Planning Board has advised that they will take no further action on the above matter because of the present moratorium. Please be advised that the above application was made on May 4 , 1984 , which precedes the moratorium and has been under numerous revisions pursuant to Planning Board suggestion. My client wishes to conform the use presently proposed and therefore my client respectflly requests a waiver of the moratorium as it applies to this parcel , so that this application may proceed . Please advise of any hearing concerning this request . Thank you for your courtesy and cooperation i this matter . Very tru y yours 1 Joh Tsunis JCT/le cc : Robert - Gruber , Architect Pantelis Papazaglou Bennett Orlowski , Jr . ;d �01COG CO Town Hall, 53095 Main Road P.O. Box 1179 A Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: January 31, 1990 Transmitted herewith is Zoning Appeal NO. 3915 application of Jordan's Partners for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; Ictter relative to NYS Tidal Wetlands Land Use; Noti.ce:•of: Disapproval from the Building Department; survey of property; and any other attachments relative to this application. • % ��o� Judith T. Terry Southold Town Clerk JOHN C.TSUNIS ATTORNEY AT LAW JOHN C.TSUNIS January 30, 1990 SCOTT ZAMEK HAND-DELIVERED Zoning Board of Appeals TOWN OF SOUTHOLD 53095 Main Road Southold, New York 11971 Re: Jordan' s Partners Green port, New York Dear Sir/Madam: Enclosed please find the following items submitted in con- nection with an application on behalf of Jordan' s Partners for a use variance for property located at the intersection of Main Street and Main Road, Greenport New York: 1 . Application for a use variance ( 3 copies) ; 2 . Short Environmental Assessment Form; 3 . Board of Appeals Questionnaire; 4. Photograph and Site Plan; 5 . Foundation Survey ( 4 copies) ; 6 . Radius Map; 7 . Proof of Mailing of Notice to Adjacent Owners; and 8. Check in the amount of $150. 00. If any further information is required, please let me know. Very truly yours, John C. Tsunis By S Zamek SZ/sg Enclosures 801 MOTOR PARKWAY•HAUPPAUGE,LONG ISLAND,NEW YORK 11788 •TELEPHONE 516-582-4000 • FAX:516-582-4256 1 tti _ Z Mr. & Mrs. Walter Sledjeski,-305 North Road, Greenport, NY 11944 Mr. & Mrs. Walter Sledjeski -75 North Road, Greenport, NY 11944 Harry B. Sinuta - North Road, Greenport, NY 11944 Jem Realty Company - c/o Kontokosta - 43 West 45th Street, New York NY 10019 _f FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE , SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . .,1. .�. . . . . . . . . . . . . .. 19 .q To . . . . . . . . . . /ytP, i , . . . . . o./. . . .mil. -c.. . 799 - PLEASE TAKE NOTICE that your application dated . :r 4. . . . , , . . . , . . . . . 19 for permit to � . . �"f • • -e-4.. . . . . . . . . . . . . . . . . . . . .at Location of Property . zo.0 0. ,7% '• . /64 . . House No. Street Ham/ County Tax Map No. 1000 Section . Block . . AZ. . . . . . . . . . Lot . . . t� . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . . is returned herewith and disapproved on the following grounds . �� • •L�G�CI� .�r � . . . . . . . . i; . . ./10Q. 7.71. . . . . . . . . ?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bujing nspector RV 1/80 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . /.,<. a/. . . . . . . . . . . . . .. 1990. To PLEASE TAKE NOTICE that your application dated 4. . . . . , . . . . . . . . 19 �. . y,.� � for permit to ��—�• . • . .?�!�"T • • W19-tz-101i, . . . . . . . . . . . . . . . . . . . . at Location of Property , House No. ' ' ' Street Haml County Tax Map No. 1000 Section . . . . . ... . . . Block . . ,%2. . .. . . . . . . . Lot . . . *� . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . .'�.//. . . Lot No. . . . . . . ... . . . . . . . . . is returned herewith and disapproved on the following-rounds . I/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Buffing nspector RV 1/80 PHO,JECT I.O,NUMBER ' J- �' 617.21 SC�A Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) �• APPLICANT/SPONSOR JORDAN'S PARTNERS 2. PROJECT NAME 3. PROJECT LOCATION: G ENPQRT COMMONS Munictoamy GREENPORT SUFFOLK 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks.etc,or provide map) 1000 MAIN STREET AND 160 MAIN ROAD - ROUTE 25 - SOUTHEAST CORNER OF INTERSECTION • OF MAIN STREET AND MAIN ROAD. - 5. IS PROPOSED ACT(CN: New ❑Exoanslon ❑Modification/aiteratlon 6. DESCRIBE PROJECT BRIEFLY: 29,000 SQUARE FOOT SHOPPING CENTER FOR RETAIL AND BUSINESS OFFICE USE. 7. AMOU.IT OF LAND AFFECTED: Initially 4.7 acres Ultimately 4.7 acres 8. WILL PROPOSED A*CTION CCIMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes 1_tNo It No,describe briefly will need a use variance as a result of zone change from Light_Business to Residential Office after site plan approval was granted. 9, WHAT IS PRESEtIT LAND USE 1N VICINITY OF PROJECT?. ®9e3idenhal ❑Industrial ��Commerclal ❑Agriculture Describe: ❑Park/Forest/Open space Cl Other There are residences to the south and. east of subject premises and a large commercial restaurant across the street to the north of the premises. 10- DCES ACT10l1 INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)7 UYes El No It yes,list agency(s)and Permit/approvals Use variance from Town Board, reinstatement of Building Permit from Town Building Inspector. if. DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALlD PERMIT OR APPROVAL? f3Yes 0110 1!yes.list agency name and permit/approval Health Department Appr�al and Approved site plan, from Suffolk County Department of Health Services and Town of Southold Planning ' Board, respectively also New York State Highway Department Highway Work Permit. 12. AS A RESULr OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Ye' ®No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlicantrsponsor name: JORDAN'S PARTNERS q Date: Slgnaiure: r It the action is in the Costal Area, and you are a state agency, Complete the CO:Istal Assessment Form before proceeding with this assessment OVER . 1 (Continued on reverse side) The N,Y.S, Environme Of thiZ, form, and ntal Quality Review Act an environriental review will bercauir before any action es submission is taken. a:dde Ly thia 00arci SHORT E`7VIP0%JMENT- • L• ASSESSb1E`1T FnR.�i I:ISTRUC^T0�7S: • (a) In order to answer the that the preparer will use currently in this short EAF it is Project and the likely impacts o �' available information concerning the additional studies, research or t the action. It is not expected that (b) If any questi other investigations will be' undertaken. on has been nificant and completed iEnvironmentalnsw'ered yes the PAssessment Form is necessary, Ject may be sig- (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental ' Assessment . 1• Will project result in a large change than 10 acres of land , to the project site or physically ly alter more ? Z• Will there be a major change to Yes. XO unusual land form on the site? any unique or 3'• Will project alter or have a large eff _Yes X no an existing body of water: ect on 4. Will project have a Yes X No potenti groundwater quality? ally large impact on 5- Will Yes X "10 project significantly effect drainage flow on adjacent sites? 6. 47i1I Yes X N0 project affect any threatened or endangered Plant or animal species? 7. 47i11 -__Yes �_"!o project result in a major adverse effect on air quality? _Yes X `10 8, Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? 9. Will +Yes X No � project adversely impact any site or struct- ure Of historic, pre-historic, or paleontolgicaL' importance or any site designated as a critical environmental area by a local agency? _-Yes X No 10. Will project have a major effect on existing or , future recreational opportunities? 11. Will __Yes X No project result in major traffic proble cause a major effect to existing ms or systems? transportation 12. —Yes X No Will project regularly cause objectionable odors, noize, glare, vibration, or electrical disturb- ance as a result of the project's operation? 13. Will —Yes �No Project have any Or :.aCCCy? impact on public health 14. gill project affect the exintinq community b -Yes X Na directly cau sing a growth iny Permanent tion Of more than 5 percent overaone-Pearl1 period or have a major negative effect on X character the Wes �_10 of the community or neighborhood? 15. Is there public controversy concerning project: y q the Preparerss Signature•. Yes `yo ? Reuresentin ZSA y/75 q• _ ARTNERS Date; 1 �Yo QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED MTI1 YOUR APPLICATION FOR24S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes No b)Are there any areas open to a waterway without bulkhead? Yes o 3. Are there existing structures at or below ground level, such as patios , foundations , etc? Foundation layed pursuant to Yes No building permit issued June 8, 1989. 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes—Ne- 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:* . . . . . . . ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: Building'Permit isued 6/8/89 18187Z - Revoked'as issued in 'error 11/30/89. 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes No Town Board Yes No Town Trustees Yes o County Health Department Yes o Village of Greenport Yes No N.Y.S.D.E.C. Yes . o Other Yes io 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an n inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operations conducted upon the subject property at this time vacant and proposed retail and nf fi re space Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Sor�a�`S r- oer a 2c- 4 Signature (Property OwneL.1-1ATthorized Agent) \. 1/8 8 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- - 85 by L.L.No.6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and • (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- .. ward edge of a"freshwater wetland." ( 9705 2.25.Ks -4� Standard N.Y.B.T.U.Form 8002* .20M_Mtq'1Ll11 and sail.1)eed,with covenant against sr's Acts—Individual or Corporation. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUns,&r4T SHOULD BE USED BY LAWYERS ONLY. 10 814 T1149 THIS INDENTURE,made the /40�'day of February , nineteen hundred and eighty—nine BETWEEN JORDAN'S PARK PLACE, LTD. 801 Motor Parkway, Hauppauge, New York (2/3 interest) and PANTELIS PAPAZOGLOU 272% ' .c/o 801 Motor Parkway, Hauppauge, New York (1/3 interest) party of the first part, and JORDAN'S PARTNERS 801 Motor Parkway, Hauppauge, New York (2/3 interest) and PANTELIS PAPAZOGLOU c/o 801 Motor Parkway, Hauppauge, New York (1/3 interest) party of the second part, WITNESSETH,that the party of the first part, in consideration of Teti Dollars and other valuable considerhecs paid by the party of the second part, does hereby grant and release unto the party of the second part, or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being kDcthe at Southold, County of Suffolk, Town of Southold and State of New York, bounded and described as follows: BEGINNING, at the northerly end of a line which connects the easterly side of Main Street with the southerly side of North Road and from said point of beginning; running thence North 74 degrees 08 minutes 00 seconds East along the southerly side of North Road 498.74 feet to land now or formerly of Davids; thence along said last—mentioned land and land of Zevits, Angevine, Thilberg and Critchlow, South 33 degrees 37 minutes 20 seconds East 343.07 feet to land now or formerly of Flatley; thence along said last—mentioned land and land of Moore, Begley and Stavoh, South 74 degrees 33 minutes 30 seconds West 194.18 feet; thence along the westerly side of said land now or formerly of Stavoh, South 26 degrees 26 minutes 10 seconds Eastl64.64 feet to the northerly side of Knapp Place; thence South 72 degrees 43 minutes 40 seconds West, along the northerly side of Knapp Place 79.97 feet to land now or formerly of Green; thence North 26 degrees 23 minutes 40 seconds West along said last-mentioned land 167.24 feet; thence still along said last-mentioned land of Green and lands of others south 74 degrees 33 minutes 30 seconds West 352.65 feet: to the easterly side of Main Street; thence along the easterly side of Main Street North 25 degrees 25 minutes 20 seconds 3 10 West 236.36 feet; thence along the. aforesaid line which connects the southerly side of North Road with the eastetr y side of Main Street North 19 degrees 25 minutes 40 seconds East 109.04 feet to the southerly side of North Road at the D %Wnt point or place of BEGINNING. f Qua"IS$ Being and intended to be the same premises conveyed to the parties of the first 3 _ part herein by deed dated February 18, 1988.. TAX MAP r�lslcr.��rloly I)lal. 1000 TOGETIlL:R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting tileIs above described premises to the center lines thereof; TOG "HIL"R with the appurtenances See. O 34. and all the estate and rights of the party of the first part in and to said premises; TO IIAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of 1M. 02,00 the party of the second part forever. Lot(s): oal.00 AND the party of the first part covenants that the party of the first part has riot done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fond to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. ? '* IN WITNESS WHEREOF, the party of the first part has dul executed tliis deedrttie day acid year first above written. EC."}°��{.[ sue.. \ IN PRESENCE OF: ORDAN'S PARK PLACE, LTD. T C p MAR 1� 1989 BY: lwg, /<1 --' Tf? n C. Tsunis, Fresident -�►ti Sl i�-���.)lK �I Pantel__i.s Npazogl u SUFFOL ,- S1•.4f� vF ticrW aunt,. 6WPJ1'dl 4 WY' n the 1STH day of February 19 89 before me On the I day of 19 before me personally came jj�rsonally came PANTELIS PAPAZOGLOU '} to me known to be the individual described in and who to me kno"Wh, to be the, individual described in and who "xecuted the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that it-4e executed the same, executed the same. 00 SCOTT ZAMEK NOTARY PUBLIC,State of New York No.52-4894049,Suffolk Cou ty Term Expires April 20, 19*7 STATE OF NEW YORK, COUNTY OF SUFFOLK +s: STATE OF NEW YORK,,COUNTY OF ss: On the 15TH day of. February 1989 , before me On the day of 19 , before me personally came John C. Tsunis Personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. 801 Motor Parkway whom I am personally acquainted, who, being by me duly Hauppauge, New York 11788 sworn, did depose and say that he resides at No. that lie is the President ' that he knows of JORDAN'S PARK PLACE, LTD. , the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed lilt, name thereto by like order. at the same time subscribed h name as witness thereto. SCOTT ZAMEK NOTARY PUBLIC,State of New York No.52.4894049,Suffolk County Term Expires April 20, 11417 joargain anb Gale Oeeb SECTION 34 WI'1'li COVENANT /AGAINST' GRAN'IOR'S Ac'IS TITLE No. J 7a A CC o BLOCK 2 LOT 1 JORDAN'S PARK PLACE, LTD. and COUNTY OR TOWN Suffolk PANTELIS PAPAZOGLOU, TAX BILLING ADDRESS 801 Motor Parkway Hauppauge, N.Y. 11788 TO JORDAN'S PARTNERS and PANTELIS PAPAZOGLOU Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: I STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS SCOTT ZAMEK, ESQ. Dittributdd by 801 Motor Parkway J TITLE GUARANTEE- Hauppauge, New York 11788 NEW YORK Zip No. ATICOR TITLE INSURANCE COMPANY W v U. LL 0 L9 z. a O v W 0tu SO$ 4d z1 .nl �n4� i IA us a J - y 9 N a 5 ,x \ \001 e F• a Ta(l) r/ •'/'° \•9�\ oj ' ♦o ,y9 .�. Qom. `\° ♦`'.. h-b ,x rx ,o\' ,` , \ice'yNry ♦ � \bo\ di V so 91 N r ` °2S•• °e \ ' SO5 � \ � eOa°i,i J\`r .ed ITOAI[1 \S N'\• .. `' ° °\. �`.M' \[ 'b. b• iN�B 'Y < ° •xx •0 �a, '\x \'o."• "�` \\"'y= [�. ,ro.N of SDu,wl 22 • x., °d`Q\,\N•• r[a �� l.nor N O:. °Al C•� 'Ax�Q,'.•; 'h°5 � hx ox a �SQ�/ .\.. ♦♦51 01 fv1Y «�• Legend KEY AAP © COUNTY OF SUFFOLK TOVN OF SOUTH ■ICHAEL BAKER.,R. •L•. Cw..rr L« —__ f...O.,n�.r L... _—F._. n[I �.ir n.—_ o to fir..C.�..0.... ,...Lu.. —__— .n.D:urral Lb. __.._. Il.:"rD,,,r,r;L`�= __ o.;�o�:;:��` —� Real Property lax Service Agency VILLAGE OF N.ve.r.,.Nr a+' P Y 9 Y C«.Nr.ry lryl«. S.N�..,r«l.r L�°. Lld•I D�.r..,l L:.• __.L--. BI..[la. 1] h.I.d D�-••.« e:• S LE IN FEET u C°Unlr Center - DISrRICTNO. IOO�1 F.[4.Lr,P«.[rl•«b o.lr«e ei«[L«.r ____ P.[D..r.,rr L.. P P.raw » D..e.,.° IT.u' Riverhead,L.I.,New York 1r..°. Ln.°I Drr...r l+. —Y.n-- S.•.D••r..r L.« —f__ LIE...«el.l lb. IEI) C°I«I.r.d.... ♦i•I 0.1.°I C°nd[un --- - - - - -- -C NP- M0ULIN0S GERASIMOS & W buu 4r i u 6 C OI FERGUSON FRANCES M 600 3,200 600 3,20D 210 1 17 34._1 -6 32 3 1 ----- -- _--- -------- - 17 - ---- �Z.-1-7 -._. _.__-• ---- -------- - --��-PB MAZZA FERRO EUGENE- & A - 34.-1-8 C PU VALENTI FAITH A 400 400 400 400 311 - 17 � 9 C QN HENKEL THEOOORE C 400 1 .,700 400 1 ,700 210 1-----------, ------- 17 34.-1 -10 C KQ WOODHULL JAMES R & JUD 500 3,500 500 3,600 21D 1 17 -- - 3 4.-1 -11 -- C L J NEW Y O R K STATE 5 0 0 - 5 0 0 5 0 0 ------� 5 0 0 -------8 21 8------ - ------._-___-. 17 C MC HASSETT MICHAEL J & 400 2,600 400 2,600 210 1 17 3c--1-12 ....__j4._1 -13 C MV SPERLING--ESTHER -� ------------- -300-- 1 ,000 3DD---- 1 ,000 -- Z10 1------ - ----- ------- 17 34.-1-14 C NO SPERLING ESTHER 300 1 ,100 300 1 ,100 210 1 17 _ _ _ 3 l.-1 -1 5 ---____-- C O H P O L L O C K A R`T H U R M --------- 4 O Q-- --1-,2 0{�- ------ 4 fl 0 --1.2 Q 0--------210 1 17 ft•-1 -16 C PA STRAUSSNER--ANTONE 1 ,100 7,200 1 ,1DD 8 70'0 210 117 - - - -- - - 17 $;700- f3:7D0-------$:700--- - - - .. --- _ ....1.O8D SP .700 - ---311 - 1- - i = - . , 3i--2-2✓ &<' MA DAVIDS ROBERT L 600 6,900 600 6,900 210 1-- - - 17 _ ._. MT VANTUYL RODERICK ---- - 600 4,,700 T--- b00 4,70D� 210 1 17 3i.-2-4✓ 1oOC- NM O' NEILL GERALD P & WF 700 3,400 700 3,400 210 1 17 _ 3�• _2_5 �---- ---- �o�p F A N G E V I N E 3 0 S f P H---F-3�-$---- �0�- -.4.10 Q --------6 0 D--------------4�1-�0 -----21 0---�-------------...------ - 7 Si.-2-6 ✓ ke OY THILBERG HAROLD T 500 3,100 500 3, 100 210 1 - 17 34• -2-7;✓- - - 1 R KART WILLIAAI J WF �00 2.800--- 0� Z. 800------210- 1 ---- - - 17 Si• -2-8 K UDELL CLIFFORD 700 3,70fl _ 7D0 3.7Dp 21D 1 17 34 2-9 - =-- --- y 'R D I G G s T H E R E S A----------- -----3 0 D- -3 3 0 0 - 3 p0-- ----3. 3 J 0---- 210 1--- - _-._ 17 34.-2-10 � LG HARRIS PETER W & WF 300 3,000 300 3,000 210 1 17 ._ _ 17 3i•-2-11_✓ 1�. LZ FLATLfY GLADYS 30�-[,�00--- 300 - 14. -2-12✓ MS GIORDANO DENNIS A 300 2,300 300 2,300 210 1 - 17 --- - - -- -- 17 34. -2-13✓..----- A(C 9E6L5Y CHESTER_ A 8_HEL 406 3s1D0 ---- 400--- 3;100 -_-- 210 tt--2-1�✓ OE STARO_N PETER & WF 400 2,900 400 2,900 210 1 17 ✓- - --- 400 21 0--1._. 34:-2-15 . --- --�Ox CHEREPOwi-CH--JOSEPH---&-fl----- _b0d 3400 -------b00 3. Si.-2-16✓ :-!rPQ CIUPRYK ANDREW J & WF 300 2,300 300 2,300 210 1 17 34.-2-18.1Y ANOREEF MICHI1El b00 3.400 b00- -- -3.400 210 1 17 34.-2-19v - V KAYSER MARGARET 500 2,900 500 2, 900 210 1 17 4.-2-2 p_..- ---- -- CY C R O S _E R- M I C N A f C--&-W F- -- ---4 0 6 5 .Q D0-- ---4 0 0----- 5;D 0 Q--------2 1 17 10 14. 4.-3-1 C LX REINS ROBERT H 500 _2,900 500 4,600 210 1 17 _ . . - MQ BEGLEY CLARENCE -CZAR - . - ------baD 5.000-- - --G00- - -5.0�J0 ----21D- 1 -- -- - 17 34.-3-3 C NJ SYRETT LYMAN & HILDA 400 3',900 400 3.900 210 1 --------- 17 - 3 3-L-- ----- -- ---C-O-C--D_R_0 S XO S K I--S T-A N L E Y--&. .P A---------- 3 0 0 3 F 4-0 0---- --- --5 O Q------- ---5 0' 4 Q 0 -----210---1 -- -- - 17 C OV FRUITY WILLIAM S & WF 300 ,600 300 3,600 210 1 17 _ 17 - Y �•..-::-� --- -- C P-0 M A R C Z E W-S K-i M A C Y_I�-&_-W F------- --3 0 p _ ,SDa-----------3 0 D--- --3 ---- Z 1 p- 1----...._-- - :.-3.7 C QH DAVIS WILLIAM L' & WF 300 ',.500 300 2, 500 210 1 1 7 17 F--- -- ----3 0 C1 -__fC.s 0 a--- -3 0 D--- 2, 8 D 0- - -21 p 1 --- 17 '�. •1-0 C RT CONKLIN BRADLEY C & AN 500 E--,400 500 4,400 210 1 t.1 p D 11�(f4-K E N N E T H H GI F 10-- 1---- - --- 17 +, • f • 11 C MP NOQKELUN AGN_S 500 ;!,100 500 2,100 210 1 17 3.30 n 21 0 1 17 _. 300 14. - Y 1 1 f \ i onunons • 29,000 SQUARE FEET OF RETAIL SPECIALTY SHOPS • FEATURING NEW ENGLAND ARCHITECTURE • 203 CAR PARKING • 500 FEET FRONTAGE ON S.R. 25 TO ORIENT POINT FERRY & GREENPORT VILLAGE • OCCUPANCY SPRING 1989 FOR LEASE INFORMATION TSUNIS )CIArE INC. 00, EXCLUSIVE BROKER 801 MOTOR PARKWAY • HAUPPAUGE, LONG ISLAND, NY 11788 • 516-582-4000 FAX#516-582-4256 DEVELOPER: JORDAN'S PARK PLACE, LTD., 801 MOTOR PARKWAY, HAUPPAUGE, N.Y. 11788 Greenport Commons rN' I EAST MARION 11 THE CROP»• i ice' s P S. 25 11 I�i /SLLAN03�� rH s o •P\,�,� A END WLF AND i ' oN V1. e N oP 3 U N 0 \o S R L I N G rnuNsar �(o � ,�` DR true ':.. taUNO Uo !i. INLET 8PONO�_�Z 9 9 `< I -\` a v 8 � r tl[ N[O P 171 ( (+n Si T C YORTH IAf P ;r1•. StEI•OOWq c o (.,N �A •o NOME G O y ( D N wl =+ ``�oP i •t0 N a r \ r n C s r� STlALING NNETT z MAP",. .OL\✓� •° ED b ?� pho 9 5.BE ON `Ft �T�zMy z QQ�1aMP�IN pL� 4 CEPI. o e rf/�r4' jMl1RINE v NI��� AST In �f R100E s Z 1 y 1 D '1 4SHING[ON��SO y 7 yl USPRE 4014 -A n vl s�F G LZ P ' W 9 e eE►c ti S7 £ASyf u+ ST.ASNES Z. .{ONN O LJI 25 i CEM� i S11 ilver" CT BROAD ST v� ��� duo v iI 1IS OLD "ORiN ;7 L ❑Na UDDn� ti C`\ O >� Cleves P� SOUTH OLD TRK r NORTH !T= s0 25 --t- �a ❑ a a�OSS1STERCING 1V c 2�P° __— --NELTER ISLAND n ADI SOpr LUDLUh m �- WEST av WFSr CE'�-NTER TPARKmay_ AV 0.U7.CS P1 D NAv`�� v.trPSOUTH Dz EC / r�- IN.S.� w��� `' nLSUJI�U T gT �m B�AY 0q �V ( MOL r n ""i.J ❑ aADOPORT f�av Beach P� .4. 6 GRCCIErEN ST N 0 R T N R 0 A D (5.R. 15) lA� ��..-"�.r..:^'lHl Ipl G� PARCEL N. l _-1.I. 4 � - - 8- � ••- KEY NAP loon' TEST SOmRING u..nm "---'SITE DATA 1111 I. ze.om sc• = 1� 5 tl %r rr Y.3% rw•c x ,.r. uwosurwc rm� . .. .. ,, i � rro.vnr rrirr rr.,.e A\ I ___ • �:�... —�_T Soo w y � :"y i zx I a ro�Ft `��) ..... a ass .• .n<•<..,<,°.,,,...m..°. [ ANOSCAPIN'�LEI E Du ..� 61 �t—•-� �� <� _ YI %, r't -"�'\ ..•r<er,< DRA/NA6E CALCULATIONS (r<_,3 t}. '�}1 1 __ 'I_ � —_ ,I __ Y9 <.u,au we•�>�ie i ARM rvoe>H 11.1,. 7--r L61 •1\ :iv;` cse`(s k 1 •r t ,. '+aio -17 SAIJITAR•J DESIGN k o.w < F F-1 �� 1 n <wr o•r- >oro kiss`+°..•.isse�`io: . v�' � F.. I wz erimuc.r l,.a`ou.•`ur.v:<�so .<.uw<rm. a our r: rr'i�•mro r ti 'C .,v �oro r � 1 c —�w<<a1•. A'/� sass<lrwWo[o K N A P P P L A C E PARKlNL 9REAKDOWN u:ei'ec ( .(w' r°`) qen..•....<ou d mr/r.roo,.." °�—.�` irv.°e.�:ec __ _.- u•.,.(.. z �� r.emr.a.rc r.,. m ir•u a "",�•.m• rc e'er �s/n.)e LIGHTING LEGEND %SPECIFICAT+ON " No m+ .,arm Sv r�.>w H..N° r000-A JI �Y On GRl;ENPORT n`HAtrL<a � •. ffi((•rrLL n+rio !vW m� au.m R ra,vrr wJ rwi,/.c �;�eO•r o cflw mono. • { - --_+{ I arYY A.IV.u,'e<T IVvno.. iw.w obert cube(- 1 hrtec[ SEPTIC TANK �p NIT�RV'LI�GNINO POOL "0 "'°"ypip ryV 1Op' acm<.<ryxrn my.r r,r 1 U 51TL PLAN .r_nr L r: �I --r L t IL .�1 i �r�VIIr• 1 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : JORDAN'S PARTNERS NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th16jLi&J1ie intention of the undersigned to petition the Board of Appeals of the Town of Southold to request aFarianca (Special Exception) (Special Permit) (Other) [circle choice] i y2. That the property which is the subject of the Petition is located adjacent to your property and is des- cri&d as follows: Q.00�ia�n S _rppt and 160 Main Road - Route 25 - the Southeast corner ff this.__int.Prgect ion, 3. That the property which is the subject of such Petition is located in the following zoning district: Residential Office -I That by 'Such Petition, the undersigned will request the following relief: .. Use variance to permit construction and maintenance of Retail Stores and Business Offices (29,000 square _.__.feet pursuant to approved site plan. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article V11 Section 100-71 ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be fi'v--d in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there exaA,*0e the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Travel er-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: O JORDAN'S PARTNERS Petitioner Jordan's Partners kna Owners ' Names : PANTELTS PAPAZOGLOU Post Office Address 891-Motar Parkway Naii111)aiiPe New York 11788 :'Tel . No . ( 516 ) 582-4000 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CER'.21FIED MAIL RECEIPTS NAME ADDRESS Eugene and Ano Mazzaferro - 8th Street, Greenport, NY 11944 Faith A. Valenti - 135 Moriches Avenue, Mastic, NY 11950 Theodore C. Henkel - 55 Sunset Lane, Greenport, NY 11944 James R. and Judith W. Woodhull - 915 Shepard Drive, Southold, NY 11971 State of New York Department of Transportation - Hauppauge, NY 11788 Michael J. Hassett and Amy Sue Cryer - 285 St. Marks Place, Apt. 2A, Staten Island, NY 10301 4obert L. Davids - 520 North Road, Greenport, NY 11944 Roderick Vantuyl - 600 North Road, Greenport, NY 11944 ,eGerald P. O'Neil - 526 East 20th Street, New York, NY 10014 .oMr. & Mrs. Joseph F. Angevine, Jr. - 619 Bailey Avenue, Greenport, NY 11944 -flarold T. Thilberg - 300 Bailey Avenue, Greenport, NY 11944 -'Mr. & Mrs. William J. Kart - 611 Bailey Avenue, Greenport, NY 11944 Clifford Udell - 755 Knapp Place, Greenport, NY 11944 Theresa Biggs - 208 Knapp Place, Greenport, NY 11944 Mr. & Mrs. Peter W. Harris - 212 Knapp Place, Greenport, NY 11944 ✓Gladys Flatley - 216 Knapp Place, Greenport, NY 11944 ✓tennis A. Giordano - 423 West Main, Apt. 94A, Huntington, NY 11743 ,/Chester A. and Helen Begley - 224 Knapp Place, Greenport, NY 11944 -Ir. & Mrs. Peter Staron - 228 Knapp Place',' Greenport, NY 11944 !Joseph Cherepowich & ors - P.O. Box 103 - 5580 Main Road, East Marion 11939 Y Ar. & Mrs. Andrew J. Ciuprvk - 324 Knapp Place, Greenport, NY 11944 *Richael Andreef - 315 East 69th Street, Apt. lOJ, New York, NY 10021 -'Margaret Kayser - 1005 Mill Creek Drive, Southhold, NY 119Wl Mr. & Mrs. Michael Crosser - 52-33 69th Place, Maspeth, NY 11378 Clarence and Clara Begley - 75 Palm Drive Bay Point, Keywest, Flordia 33040 Lymann and Hilda Syrett - 230 Knapp Place, Greenport, NY 11944 Stanley and Patricia L. Droskoski - Main Road, Orient, NY 11957 Mr. & Mrs. William -S. Pruitt - 527 Sterling Place, Greenport, NY 11944 Mr. & Mrs. Macy W. Marczewski - 523 Sterling Place, Greenport, NY 11944 Mr. & Mrs. William L. Davis - 520 Sterling Place, Greenport, NY 11944 Mr. & Mrs. Robert D. Biggs - 524 Sterling Place, Greenport, NY 11944 Bradley C. Conklin & Ano - 528 Sterling Place, Greenport, NY 11944 Mr. & Mrs. Kenneth H. Dimon - Greenport, NY 11944 Stella Kudlinski - 516 Sterling Place, Greenport, NY 11944 Joseph P. Jr. and Ann M. Milovich - 220 Atlantic Avenue, Greenport, NY 11944 Mr. & Mrs. Dimitrios Kartas - 86-44 Musket Street, Bellrose Manor, NY 11427 Sophie Raynor - North Road, Greenport, NY 11944 Theodore and Maria Petikas - 257 Stewart Avenue, Bethpage, NY 11714 Benjamin,Kujanski and Marjorie Moore - Sound Avenue, Greenport, NY .11944 (addit. list attached) STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) a' A n r-e �}u VYl eil . residing at l l c �� D rovlas A)c /c /1JY / ( ��_� , being duly sworn, deposes and says that on the,3o' ; th day of January , 19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the a dresses of said persons as shown on Of- the current assessment roll of the Town of Southold; that said Notices w e mailed at the United States Post Of- fice at Hauppauge ; that said Notices ere mailed to each of said persons by (certified) jtk�Wmail. / Sworn to before me,this J day of 0 , 19 916 - DEBRA SANGENITO Notary Public,State of New York No.4885588 Qualified in Suffolk County o ry Public Commission Expires June 20, 19= (This side does not have to be completed on form transmitted to adjoining property owners . ) I r. S vy m�_ f/P r way.*w,._,...«..».•.....r--�-...-,.r _ ..-.*.0-'°6.'",--- ..�.._.�-....w ---,•- ,_.... 11 - • . `' -' ,, , " - ,,".Ii"�I,(fI..II��".-,�-0.�.,�.I.,I.,-3.��Y.�..I1...�.-..I\I�1:I..,III,,,.....���.-.-.I.,I,IItTI I..*.I..4 I.�..�1,�1,I I11.1,.)1�...1,1�.1..11 I.,�.,.1.I.6.1 I�-1�0r.-I,.1'I-��)1...I 1 II1�...I��-'.*I . , . . . \ . 1 I.I0.�...�...I�.1."I.'...,.-...I�IIIr.�I I-.I,.I I.I 1..I1.1.,�I0,,,x'-1�.I.I��.... \��.II,�I"�..�.-.�I.,,1).....,,��I1..,1.I.-�n I..�.�.7..I-.5�I III.,I 1 I.IIII,II�.p...,-"1�I..�I.�-I��,.I�.I�' oRAIw e>~ �JN! nA7E. I. •01/24/90 I. i" u UL cWcW en JM DRAWVC M: 203•-89L I. ..'.II.I.II�].��r�.�I1.�1�.....I I.�CI...—.II I II t. • poU: 203-89 awT 1 aF 2 E uCAB NO.: I - .d ! t 9,47 p�49 g C II I. I GE OFP A t 8 g0sT$ g uNE LI II .. ED t s 76 A5T$pt3 L't9 g •rcas g'S2 1. . . I. I. s * 1 35 0£ , ( CONCR . 15.72 ' T W NW PA pFENt 1e ° coN°R ENE YCotg,ta CONCR . i .. O t T'. I . . 1 �sPV(t ptW- MON UnIJ�. f'r pA is.32 1f,yo Crj5,70 tWr21 0 3Et 0g' . , . . . t7 52 . 15.16 , 10.5's �. , ,; I . 8 7� t.5 s 17.e2 cry. ` YL-' PARICIN� OT t CURB t ' . WN Un 1.74"O.L `,. �p Np,�T MepNA<- i7.37 NbNE 352 ` �© _ p,SP E=�N WAU- 17 " DROP gO . . WNA Icr17•t3 CONCRETE R ,;' . . . . . . rt 6' * p`jc 4Z S. CONCR UCH 0.. y . Tort B•6s a EN�NN w� I �` . . 10 GUIDE. Pr1g• 1.5'E 0 C1 Z5 8.55 pNN�D VN ,*18 92 SIGN 14�pLEE WIRE "t7 ,.s 2 STORY FRAME N` do MASONARY BLDG., . . / . MN a 55 S To RUN a` , • � •0.9•E w .. p,PP . . . . 0'` W . t e 27 S MAIN .-r. , { • ASpLUtt Cum TRAFFIC NX 6.59 16.66 �6,54 SCR urn v "011 NS . UN)ER WAv� :' N 0.8..E. . TRAFFIC TMRU TGr tC GURU P Ip oB5p,LK• DES + c ` . j ♦ 246 W► FIE W B j ; : POST 0 1712 WUN N� U,tCN POD 355 SIGN t$ NO�'EvN6CURB L PNON CA . FRAME { unuTY :f0j'GA OW iC`';N6.59 N� S tWIN 1$ ► B OUN� . SHED t1 }4c pV15r � UNDBRGR ` . .2•E. . 1 RM� �' S[ W,pa ,�1 3 7 ,6 ye MARKING 4r '� N • 0,i v I FL- " f © ONE 16 �G.0 GUIDE GAS i`' Z :€ .0 N WIRE i 1 0*- rr 1 s GAS 1 � _ .I 17.59 �Gs,�6 UTILITY N��•o8 00 t ° A POLE © ° I n , Zc s.06 ,'� UL 4 386 I f°U n y� \ I . t p O l 1 1 s.3 ,ov,�,n, O qO Cti i TRAFFIC I �_ GHr , 6, 0 tr 1.2'W O.L e PosT ( '1 / E ocA ` 6 1 '0 °,ll° . .. �� i k _. _ _ _ .. ; . ,. . . ' Crete o.L , . . . f o of . I 0, . . . ,,,- . r . - . HC RAMP '/ . . �11 J3 . . � T • UTILITY o.�•w ,$ %� . i PO 1--` , °t� p . rn 3 ! . F , .. . 'b ..,-- ° •try mon i y .f . . f0°t�n9 1 ' N o Fo Kp,R MON :, ndati°n conCre e o o -' mon Y f°U o, rn ' . y* o ' "W o+ a` O.L mon mon �`7 •3 ,3 0 1-, ..- i,- _ �-... ;c I' - __. __ -•-^� �— '_ •—.... -.�.,- ..w .mow. .. - r\ ` � . OX's � , .. � GuroE 41 6'7.. .r�. \,_ 0 G f l - _ _ _ WIRE v ..._.yn.. ,<: •a�._,-.,.«.,.._ a . v "^ - +'..' '_ moo . — _. _3 y.F L i7T1177Y""�°I "n . G 8 SHED •�A_ '• . A POLE 194. Ca . " 3 .UP .i . . SIGN I j . *0 noting m . r; '� f . °nCrete � M N N �`G) o . 0 c I CD - I �, / ef o:I'. 57�•3 - . I o4 . . 0 / O 8.4•N , NOW O.L ' FRAME UTILITY .`_. . Z S SHED • . , N FENOE 0.2.5 C7 . . o" . . . v 2.0'S FRAME unuTY �" .c N . •. . a . n a SHED fn %p G 1.3'S . Cn - TOA�N:OF:SOIITHOLd , - `Z�, �� ��N 2 6 5' .y % 0 Pr<ANIITIN, , REP�iRTMEWT - 35 GARAGE Z . . . - l GR1 '�TNPORT 1�4LL , . ,P�ol� -p ' `* +� NYfjN 4 �1� N , �� FOUNDATION LOC.�4T10 r ' �,o-NAM s,,9`'. . N- �Z� rn &,ROUTS' .SURYA'Y. . . �� �o ti/ �� Now YERS �Nw GRd'MPORT StIripllUr COUNTY . ArTJr Mr •, . o E P � , V A I O `V'NES � K ; o, 0XV,rP gY ✓0RD"S..P. J",ffA'RS r - . . - .. BOf MOTOR PA}".. ,V ' ... N r •43,40 W .F . , AV. .S.. C. No. •4"ed � . 5 , 1Nc srrgWrt= .rPmov" 4 RVEYING 9 g7' 195 ALEXANAER A VENUE �uslavro. ✓.0 srrrt• seder.rsev�tr NESCONSET, N.Y. 11767 JAN. 3, . 1990 N� e!+ rs >''-so (516) 724--4832 _ S.C. TAX# 1000-34--02= 01 , I cr�ecrnrn rr�e•wo .ros- o . AREA 4.7 ACRES , ,' . . . f iD 8W $ �� ♦ i ZoNED ONED �; 5 BL°CK •� � •''' - D m I ♦ // Z 3/ IR o ♦ 23 � G So 276 •��NED D L►�' ZoN / '' I cK 4 DNG ,�� �♦ ,6 i ..� �.• ' 34 gL° 1000-34-01- I .� 20 A / // 154 SEc 7 6 o O / gEST / p/ logo g EUGENE AND AND MAZZAFERRO GREENPORT, NEW YORK 11944 q'�/ ONED 9 THEODORE C HENKEL 55 FAITH A. YALEN77 135 ORICHES 3UNSETAVENUE LANE MASTIC, NEW YORK 11950 q 21 / • � / 10 JAMES R. AND JUDITH W. WOODHULL 915GSHEPARDTDRIVE SOUTHOLD, NEW YORK 4NEW O ' :� YORK 11971 �. (D LAB 6 / / �, go 11 STATE OF 1 NEW YORK DOT HAUPPAUGE, NEW YORK 11778 A ED 4A / / 12 MICHAEL f. HASSETT AND AMY SUE CRYER 285 ST. MARKS PLACE APT ZA STATEN ISLAND, N.Y. 10301 o o oN G 0 69 00 �`� / 2 5 /� e G D ` 1000-34-02- 1. 29 9$ 1 0 / / RO��� 4gg.74 ,� D �� DG 2 ROBERT Li DAVIDS GREENPORT, NEW YORK 11944 / ` ` `'0 3 RODERICZ VANTUYL 600 NORTH ROAD GREENPORT, NEW YORK 11944 4 GERALD P, O'NEIL 528 E. 20TH STREET NEW Y01M NEW YORK 10010 5 MR & MRS. JOSEPH F. ANGEVINE JR. 619 BAILEY AVENUE GREENPORT, NEW YORK 11944 / / \\ ao� 2 O 7 HAROLD �, THILBERG GREENPORT, NEW YORK 11944 / / \ , O 8 CLIFFD J' K`4RT 811 BAILEY AVENUE GREENPORT, NEWYORK 11944 OA / V ♦ GE ` RD '`UDELL GREENPORT, NEW YORK 11944 9 THERESA BIGGS KNAPP PLACE GREENPORT, NEW YORK 11944 h C' 10 MR. & MRS. PETER W. HARRIS KNAPP PLACE GREENPORT, NEW YORK 11944 / f / $\' 11 GLADYS FLATLEY 216 KNAPP PLACE GREENPORT,� / / a\�° � � NP RT, NEW YORK 11944 200 / I< OF / o\�' 0 12 DENNIS A.; GIORDANO 423 W. MAIN APT. 94A HUNTINGTON, NEW YORK 11743 140 GAP- 13 CHESTER A. AND HELEN BEGLEY 224 KNAPP PLACE GREENPORT, NEW YORK 11944 E 14 MR. & MRS. PETER STARON GREENPORT, NEW YORK 11944 riG / O N74�i0 / F. \ nj G IS JOSEPH CHEREPOWICH & ors BOX 103 MAIN ROAD EAST MARION, NEW YORK 11939 z DWE 10 / D4 / �' �rjED \ D L ` `� t 40 16 MR. & MRS. ANDREW J. CIUPRVK 324 KNAPP PLACE GREENPORT, NEW YORK 11944 / 0 4G 18.1 MICHAEL ANDREEF APT 10J 315 EAST 89TH STREET NEW YORK, NEW YORK 10021 320 / Q' N g�+ s �- osed \ o O DATE 19 MARGARET KAYSER 1005 MILT CREEK DRIVE SOUTHOLD, NEW YORK 11971 prou�dotion \ s 20 MR. & MRS. MICHAEL CROSSER 52-33 897H PLACE MASPETH, NEW YORK 11378 q f \\ i O,� 159 ` ` t40 1000-34-03- �� GAN G 2 CLARENCE AND CLARA BEGLEY 75 PALS[ DRIVE BAY POINT KEYII'E;ST, FLORIDA 33040 / N ♦ w \ \ i i°" ,� ` DYNE 3 LYMANN AND BU DA SYRETT KNAPP PLACE GREENPORT, NEW YORK 119," 74 ire ♦ ^� \ 1 i w 5 G o 4 STANLEY AND PATRICIA L. DROSKOSKI MAIN ROAD ORIENT, NEW YORK 11957 5 MR. & MRS. W CY W S. R UI T T 527 52 STERLING PLACE GREENPORT, NEW YORK 11944 35 1944 m� a oro I ` 40 7 MR. & MRS. WILLIAM L. DAVIS 520 STERLING STERLING E GREENPORT, NEW YORK NEW YOR 944 6 t° [�� 0110,ttn9 , 59 v `r ` ` 8 MR. .& MRS. ROBERT D. BIGGS 524 STERLING PLACE GREENPORT, NEW YORK 119," 02 rn i G 9 BRADLEY C. CONKLIN & ANO 528 STERUNG PLACE GREENPORT, NEW YORK 11944 ' GAgAGE DWE 10 MR. & MRS. KENNETH H. DIMON GREENPORT, NEW YORK 11944 G 10 18 STELLA KUDL NSKI 516 STERLING PLACE GREENPORT, NEW YORK 11944 A.. o-A.G) D� ; 19 JOSEPH P. JR. AND ANN M. MILOVICH ALAN77C AVENUE GREENPORT, NEW YORK 11944 372.8 i , 1000 9 ,00 ♦ atio^ cro{e 10 rig ^�\N GAGE 1G 6 MR. & MR3.'DIMITRIOS KARTAS 86-44 MUSKET STREET BELLROSE MANOR, NEW YORK 11427 O ` found Corte \e •• ,3o"W D 7 SOPHIE R�IYNOR NORTH ROAD GREENPORT, NEW YORK 11944 kp 574 33 v� 7 68 8 THOEDORE AND MARIA PETDUS 257 STEWART AVENUE BETHPAGE, NEW YORK 11714 logo �" 1 1 O 20 BENJAMIIJ,1 KUJANSKI AND MARJORIE MOTRE SOUND AVENUE GREENPORT, NEW YORK 11944 50 O GAgA ` 21 MR. & MRS. WALTER SLEDJESKI GREENPORT, NEW YORK 11944 • 12 5o O r, ` 22 MR. & MRS. WALTER SLEDJESKI GREENPORT, NEW YORK 11944 9tE ♦ loop 194.113 13 w 9 $ o � 24 HARRY B.I SINUTA NORTH ROAD GREENPORT, NEW YORK 11944 �'�� O ,d O O JEM REAL:'Y CO. C/O KONTOKOSTA 43 W. 54TH STREET NEW YORF�, NEW YORK 10019 ♦ ` o^cr°t6 fOattr+9 '►• ZONED `�� 14 10y. '40 ,d m v AIR C ` i 0 34 O N d Q 10 W / 7 1yo �d ♦ a� %o • 72 N 15 �' O ,,� ♦ N 16 o. .•�' O I, 4300 �' , � / 3 40 .E i 34 VAC'" ` tO 50 / 19 50 / 40 / ' / 99 �o o ap ` Dyt{E G /512� /40OW •/ / E' so. 79.9 �" /� C ! 9 AgQ,r�E a k 165 N o o , ,, DNA / 9 RADIUS MAP O20 8 G 10 :$ d Ir LyIN O , OF P a goo- j3 3 G D 1j200 PROPERTY AT DwE w D,REyLG a 4 D $ GREENPORT 12 6 G 7 TOWN OF SO UTHOLD 9 N a' D G ,32 G SUFFOLK COUNTY,- N. Y.Y / G ,��L�'" k� O l DO HEREBY CERTIFY THAT THE ` ? 226 RADIUS MAP ACCURATELY DESCRIBES THE USES O S. C. TAX # 10 0 0—3 4 —0 2—01 GE 18 F THE SUBJECT PREMISES - t 30 ` NG GARS' 1 3G Dom_,ntG AS OF. JAN. 3, 1990 „ _ ^c . L►�� SCALE 1 60 u, R` �� m O D 3 D o G o �� D O 0 6 ,rd L.S. JAN. 3, 19 9 0 , .. D O 133 '�' G s QA D APPLICANT: so GRAPHIC SCALEo so � i N N M o W JORDAN'S PARTNERS o so ao Aso 240` 1) ` 801 MOTOR PARKWAY O � 5 HUPPAUGE, N.Y. 11788 ;:,.. R� t 72 IN FEET ) { 1 inch 60 ft. VEYING 1 XANDER AVENUE ► NESCONSET, N.T. 11767 (516) 724-4832 I ;