Legal Notices
LEGAL NOTICE
Notice of formation of NAZ GETAWAY LLC Arts. of Org. filed with the Sect’y of State of NY (SSNY) on 6/2/2010. Office location, County of Suffolk. SSNY has been designated as agent of the LLC upon whom process against it may be served. SSNY shall mail process to: The LLC, PO Box 9398, Riverhead, NY 11901. Purpose: Any lawful act.
7979-6T 6/10, 17, 24; 7/1, 8, 15
LEGAL NOTICE
SUPPLEMENTAL SUMMONS
Index No.: 3415/10
Date of Filing: June 7, 2010
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, FOR HSI ASSET SECURITIZATION CORPORATION TRUST 2005-NC1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-NC1, Plaintiff,
-against-
GRETCHEN A GOODALE, if living, or if either or all be dead, their wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors and generally all persons having or claiming under, by or through said GRETCHEN A GOODALE, by purchase, inheritance, lien or otherwise, of any right, title or interest in and to the premises described in the complaint herein, and the respective husbands, wives, widow or widowers of them, if any, all of whose names are unknown to plaintiff; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; “JOHN DOES” and “JANE DOES”, said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a Notice of Appearance on the Plaintiff’s attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the State, or within thirty (30) days after completion of service where service is made in any other manner, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.
YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
TO THE ABOVE-NAMED DEFENDANTS:
The foregoing summons is served upon you by publication pursuant to an Order of the Honorable Jeffrey Arlen Spinner of the Supreme Court of the State of New York, signed on May 20, 2010, and filed with supporting papers in the Office of the Clerk of the County of Suffolk, State of New York.
The object of this action is to foreclose a mortgage upon the premises described below, executed by GRETCHEN A GOODALE to NEW CENTURY MORTGAGE CORPORATION in the principal amount of $285,000.00, which mortgage was recorded in Suffolk County, State of New York, on April 21, 2005, in Liber/Reel 21029 at page 957. Said mortgage was thereafter assigned to the Plaintiff by assignment of mortgage recorded February 9, 2010 in Liber 21926 of Mortgages at page 629.
Said premises being known as and by 138 DURYEA ST, RIVERHEAD, NY 11901.
Date: April 15, 2010
Batavia, New York
Laura Strauss, Esq.
ROSICKI, ROSICKI
& ASSOCIATES, P.C.
Attorneys for Plaintiff
Batavia Office 26 Harvester Avenue
Batavia, NY 14020
585.815.0288
Help For Homeowners In Foreclosure
New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Mortgage foreclosure is a complex process. Some people may approach you about “saving” your home. You should be extremely careful about any such promises. The State encourages you to become informed about your options in foreclosure. There are government agencies, legal aid entities and other non-profit organizations that you may contact for information about foreclosure while you are working with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Banking Department at 1-877-BANKNYS (1-877-226-5697) or visit the Department’s website at www.banking.state.ny.us. The State does not guarantee the advice of these agencies.
7999-4T 6/24; 7/1, 8, 15
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT – COUNTY OF SUFFOLK
BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
Plaintiff
-Against-
THOMAS MEIGEL, ET. AL.
Defendants
Pursuant to a judgment of foreclosure and sale granted on or about 4/16/10, I the undersigned Referee will sell at public auction at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901 on July 27, 2010 2:00 p.m. premises known as:
49 East Second Street
Riverhead, New York 11901
Section: 128.00; Block: 06.00; Lot: 042.000
ALL that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village and Town of Riverhead, County of Suffolk, and State of New York, as more particularly described in the judgment of foreclosure and sale. Said premises will be sold subject to all terms and conditions contained within said Judgment and Terms of Sale.
Approximate Amount of Judgment: $245,216.97 plus interest and costs.
Index No.: 09/37017
James G. Spiess, Esq. REFEREE
McCabe, Weisberg and Conway, P.C., Attorney for Plaintiff
145 Huguenot Street, Suite 499
New Rochelle, New York 10801
Dated: June 17, 2010
8002-4T 6/24; 7/1, 8, 15
LEGAL NOTICE
NOTICE OF FORMATION OF AMERICAN ISSHINRYU KARATE ACADEMY OF NEW YORK ,LLC, A LIMITED LIABILITY COMPANY. ART.OF ORG. FILED WITH THE SECTY OF STATE OF NY (SSNY) ON 5/ 7/ 2010. OFFICE LOCATION:SUFFOLK. SSNY HAS BEEN DESIGNATED FOR SERVICE OF PROCESS. SSNY SHALL MAIL ANY PROCESS TO THE LLC C/O PATRICK A. TROISE, 390 WOLF HILL ROAD, DIX HILLS, N.Y. 11746 .PURPOSE; KARATE ACADEMY AND OTHER LAWFUL ACTS.
8003-6T 6/24; 7/1, 8, 15, 22, 29
LEGAL NOTICE
ARTICLES OF ORGANIZATION OF CTIP HOLDING, LLC.
Under Section 203 of the Limited Liability Company Law.
FIRST: The name of the Limited Liability Company is
CTIP HOLDING, LLC.
SECOND: The County within the state in which the office of the Limited Liability Company is to be located is Suffolk.
THIRD: The Company does not have a specific date of dissolution in addition to the events of dissolution set forth by the law.
FOURTH: The Secretary of State is designated as agent of the Limited Liability Company upon whom process against it may be served. The post office address within or without this state to which the Secretary of State shall mail a copy of any process against the Limited Liability Company served upon him or her is:
2010 Scott Avenue
Calverton, NY 11933
FIFTH: The effective date of the Articles of Organization shall be the date of filing with the Secretary of State.
SIXTH: The limited liability company is to be managed by 1 or more members.
IN WITNESS WHEREOF, this certificate has been subscribed to this 1ST of June 2010 by the undersigned who affirms that the statements made herein are true under the penalties of perjury.
Lawrence A. Kirsch,
Attorney in Fact
8009-6T 7/1, 8, 15, 22, 29; 8/5
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT: SUFFOLK COUNTY. HARTFORD FUNDING, LTD., Pltf. vs. EROL S. UCKAN, EMINE O. UCKAN, Defts. Index #7512/08. Pursuant to judgment of foreclosure and sale entered June 29, 2009, I will sell at public auction at Riverhead Town Hall, 200 Howell Ave., Riverhead, NY on Aug. 12, 2010 at 12:00 p.m. prem. k/a 4 Silver Beech La., Calverton, NY a/k/a being in the Town of Riverhead, at Baiting Hollow, County of Suffolk and State of New York, being k/a Lot No. 4 on Map No. 7200 entitled, “Map of Silver Beeches at Fresh Pond” filed in the Office of the Clerk of the County of Suffolk on 07/12/1983. Approx. amt. of judgment is $253,280.55 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. JAMES G. SPIESS, Referee.
COHN and ROTH, Attys. for Pltf.,
100 East Old Country Rd.,
Mineola, NY.
#78139
8010-4T 7/8, 15, 22, 29
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT: COUNTY OF SUFFOLK – DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-13, Plaintiff, AGAINST EDGAR DIAZ LEAL, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 4/13/2010, I, the undersigned Referee will sell at public auction at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, County of SUFFOLK, New York, on 8/5/2010 at 9:30 AM, premises known as 20 DOLPHIN WAY, RIVERHEAD, NY 11901. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of RIVERHEAD, County of Suffolk and State of New York, Section, Block and Lot: 017.00-02.00-011.000. Approximate amount of judgment $407,502.90 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #8782/09. Keith O’Halloran, Referee,
Steven J. Baum PC,
Attorneys for Plaintiff,
P.O. Box 1291,
Buffalo, NY 14240-1291
Dated: 7/1/2010
8011-4T 7/8, 15, 22, 29
LEGAL NOTICE
Notice of formation of Tom Gabrielsen Building, LLC, a limited liability company. Articles of Organization filed with the Secretary of State of New York (SSNY) on 6/23/10. Office location Suffolk County. SSNY has been designated for service of process, SSNY Shall mail a copy of any process served against the LLC to Tom Gabrielsen Building, LLC, PO Box 301, Jamesport, NY 11947.Purpose: any lawful purpose.
8012-6T 7/15, 22, 29; 8/5, 12, 19
PUBLIC NOTICE
TOWN OF RIVERHEAD
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at 200 Howell Avenue, Riverhead, New York on the 20th day of July, 2010, at 7:20 o’clock p.m. to consider a local law to amend Chapter 47 entitled “Bays and Creeks” of the Riverhead Town Code as follows:
CHAPTER 47
BAYS AND CREEKS
ARTICLE III
General Provisions
§ 47-21. Docks, moorings, basins and ramps.
H. No permit from the Town Board which is required for projects or activities in tidal waters shall allow the use of wood which has been treated with commercial copper quat (ACQ), pentachlorophenol, or creosote. Wood treated with copper chromated arsenate (CCA) may be used for pilings and framing only. All planking must be constructed of material alternative to CCA-treated wood. In determining whether no reasonable alternative to the proposed construction material exists, the Conservation Advisory trueCouncil shall take into account the cost of alternative materials, their suitability for the intended use (eg., structural integrity) and any environmental benefit to using alternative materials. The provisions of this section are subject to modifications as determined by the New York State Department of Environmental Conservation.
§ 47-24. Form of applications.
C. The Conservation Advisory Council shall review all completed permit applications and provide a written truerecommendation to the Town Board, other involved agencies, and the applicant stating its findings and conclusions, within true30 days of its receipt of truethe completed application. However, such thirty-trueday time period shall not apply where an environmental impact statement is to be prepared by the applicant, in which case a sixty day time period shall apply and said sixty day time period shall commence from the datetrue a final environmental impact statement has been accepted by the lead agency exercising jurisdiction over the project.
D. The true Town Board may accept, modify, or reject the recommendation of the Conservation Advisory Council within 15 days of submittal by the Conservation Advisory Council to the Town Board. Such fifteen-day period shall commence upon the lapse of three days from mailing of a copy of the truerecommendation of the Conservation Advisory Council to the applicant or service upon the Town Board, whichever shall be later. If either the applicant or the Town Board desires a modification of the recommendation true of the Conservation Advisory Council, a public hearing shall be held upon prior reasonable public notice published in the official newspaper of the Town, and the Town Board shall hold a public hearing on the permit application. The Town Board shall, after the required public hearing, then render a decision to deny, approve or approve with conditions the permit application. In rendering a decision of approval, approval with conditions or denial of a permit, the Town Board shall state, in writing, its findings of fact and conclusions. The decision shall be transmitted to the Town Clerk, who will advise the applicant of such decision by transmitting a copy of the permit application to the applicant, together with the decision and conditions, if any, imposed by the Town Board attached.
* Underline represents addition(s)
* Overstrike represents deletion(s)
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
8013-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending Chapter 108 entitled, “Zoning” of the Riverhead Town Code at its regular meeting held on June 15, 2010. Be it enacted by the Town Board of the Town of Riverhead as follows:
Chapter 108
ZONING
ARTICLE XLVI
Destination Retail Center (DRC)
Zoning Use District
§ 108-258. Uses.
In the DRC Zoning Use District, no building, structure, or premises shall be used or arranged or designed to be used, and no building or structure shall be hereafter erected, reconstructed, or altered, unless otherwise provided in this chapter, except for the following permitted uses or specially permitted uses and their customary accessory uses:
A. Permitted uses:
(1) Retail stores or shops.
(2) Hotels.
(3) Car dealerships.
(4) Banks.
(5) Warehouse club or wholesale club.
B. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically included are the following:
(1) Drive-through windows for banks and pharmacies.
(2) Fueling facility as accessory to warehouse club or wholesale club located a minimum of 500 feet from a residentially used or occupied property boundary.
* Underline represents addition(s)
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
8014-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a public hearing will be held on the 20th day of July 2010 at 7:10 o’clock p.m., at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, to hear all interested persons to consider a local law to amend Chapter 52 entitled, “Building Construction” of the Riverhead Town Code as follows:
Chapter 52
BUILDING CONSTRUCTION
ARTICLE I
Administration and Enforcement
§52-10. Building permit fees.
H. Preconstruction fee. If any land clearing or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or building or construction activity will be waived for a 90 day period and thereafter, will be truedouble the otherwise applicable fee for all permits as provided by the Town Code. This section shall take effect upon filing with the Secretary of State and shall apply to applications commencing on the date of filing with the Secretary of State and thereafter.
* Underscore represents addition(s)
* Overstrike represents deletion(s)
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
8015-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law amending Chapter 101 entitled, “Vehicles and Traffic” of the Riverhead Town Code at its regular meeting held on July 7, 2010. Be it enacted by the Town Board of the Town of Riverhead as follows:
Chapter 101
Vehicles and Traffic
ARTICLE III
Traffic Regulations
§ 101-8. Weight limits.
No person shall operate a motor vehicle of a total weight of greater than 16,000 pounds (8 tons) upon the following designated town highways or part thereof, except local deliveries.
Street: Wading River Manorville Road
Location: From its northeasterly intersection with Grumman Boulevard continuing in a southerly direction merging into Schultz Road and terminating at the Town line
* Underline represents addition(s)
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
]DIANE M. WILHELM, Town Clerk
8016-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York on the 3rd day of August 2010 at 2:10 o’clock p.m. to consider a local law to amend Chapter 108 of the Code of the Town of Riverhead entitled, ” Zoning” of as follows:
Chapter 108
ZONING
Article XIII
Supplementary Use Regulations
§ 108-58.1 Yard sales. [Added 4-15-1997; amended 1-15-2002 by L. L. No. 2-2002]
A. Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon are subject to the following requirements:
(1) No signs, except one on-premises sign and one off-premises directional sign, not larger than six square feet in size, displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted.
(2) The hours, location on the site and methods of operation will cause no unreasonable disturbance to the neighborhood.
(3) The premises will be cleared of trash and debris and all signs erected will be removed the same day as the sale by sunset.
(4) Not more than truefour days of such sales shall be conducted on any lot within any calendar year.
(5) To accommodate emergency vehicle access, the premises where the yard sale is to occur must be located on and abut a road that is at least 33¬ 1/2 feet wide or otherwise the premises must provide off-street on-site parking for all patrons.
(6) The sale of any firearm, rifle or shotgun is prohibited.
[Added 9-16-2008 by L.L. No. 34-2008]
B. Registration; fee.
(1) Prior to any operator holding such sales within any calendar year, such operator must register the dates and location with the Town of Riverhead.
(2) A registration form shall be obtained therefore from the Town Clerk.
(3) A fee of $5 shall be required for each permit issued.
C. Enforcement; violations and penalties.
(1) The Ordinance Inspector shall enforce the provisions of this section.
(2) Each violation of the provisions of this section shall be punishable by a fine of not less than $50 nor more than $500 per offense, with each day that a violation exists considered as a separate offense.
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
* Underline represents addition(s)
* Overstrike represents deletion(s)
8017-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
NOTICE TO BIDDERS
Sealed bids for Asbestos Removal and Sanitary System Remediation and Abandonment at the Former Weeping Willow Motel, Route 25, Riverhead, New York will be received by the Town of Riverhead in the Office of the Town Clerk, Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York until 11:00 a.m. on August 5, 2010, at which time they will be publicly opened and read aloud.
Plans and specifications may be examined and/or obtained on or about July 15, 2010 at the Office of the Town Clerk between the hours of 8:30 am and 4:30 pm weekdays, except holidays or by visiting the Town of Riverhead website: www.riverheadli.com and click on Bid Requests.
Funding for the project comes in part through an EPF grant administered by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP). Under Article 15A, Executive Law, the State of New York is committed to providing Minority and Women Owned Business (MWBE) equal opportunity to participate in government contracts. The following goals have been set for this project 8% of the contract value for MBE’s and 7% of the contract value for WBE’s. The successful bidder may be required to furnish an EEO policy statement, staffing plan, and reports showing the participation of various business enterprises of subcontractors and suppliers on the contract.
A non-refundable fee of $50.00 will be required for each hard copy of the contract documents obtained from the Office of the Town Clerk.
Each proposal must be submitted on the form provided and must be in a sealed envelope clearly marked, “Asbestos Removal and Sanitary System Remediation and Abandonment at Former Weeping Willow Motel” and must be accompanied by a bid surety as stated in the Instruction to Bidders.
Please take further notice, that the Town Board reserves the right to reject in whole or in part any or all bids, waive any informality in the bids and accept the bid which is deemed most favorable in the interest of the Town of Riverhead. The Town Board will use its discretion to make judgmental determination as to its best estimate of the lowest bidders.
BY ORDER OF THE
RIVERHEAD TOWN BOARD
DIANE M. WILHELM,
TOWN CLERK
Riverhead, New York 11901
Dated: July 7, 2010
8018-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at 200 Howell Avenue, Riverhead, New York on the 20th day of July 2010 at 7:15 o’clock p.m. to consider a local law to amend Chapter 76 entitled “Loitering” of the Riverhead Town Code as follows:
Chapter 76
Loitering
§ 76-4. Penalties for offenses.
Any person who shall violate any of the provisions of this chapter shall be guilty of a violation and be subject to a fine of not more than true$250 or imprisonment for not more than 15 days, or to both such fine and imprisonment.
* Overstrike represents deletion(s)
* Underline represents addition(s)
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
8019-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
PLEASE TAKE NOTICE, that a public hearing will be held on the 3rd day of August 2010 at 2:05 p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, to consider a proposed local law to amend Chapter 108 of the Riverhead Town Code entitled “Zoning” as follows:
ZONING
ARTICLE VII|
Accessory Apartments
§ 108-34. Purpose; findings; standards.
A. Purpose. It is the intent and purpose of this article to allow accessory apartments within all residential districtstrue to provide the opportunity for the development of small rental housing units designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Riverhead and to implement the housing elements and goals of the Town of Riverhead Comprehensive Plan (Town of Riverhead Planning Board et al, 2003) by allowing accessory apartments in designated zoning districts. It is also the intent of this article to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community.
B. Findings. The Town Board finds that there exist many benefits associated with the creation of accessory apartments on residential lots with existing detached single- family dwellings, including providing a cost-effective means of accommodating necessary residential development.
C. Standards.
(1) Owner occupancy required. The owners of the real property upon which the accessory apartment is located shall reside within either the principal dwelling unit or the accessory apartment unit and said dwelling or apartment shall be considered the owners domicile or principal place of abode. No other owner or owners shall own a larger percentage, collectively or individually, than the owner-occupant. A property owner shall own only one accessory apartment within the Town of Riverhead and only one accessory apartment per Suffolk County Tax Lot shall be permitted. Accessory apartments shall not be permitted within an existing two-family or multifamily dwelling or on a lot containing a two-family or multifamily dwelling. [Amended 3-17-2009 by L.L. No. 9-2009]
(2) Location on a lot. An accessory apartment may be located within the principal single-family dwelling or within an accessory building.
(3) Single-family dwelling living area. The principal single-family dwelling must meet the living area dimension requirements for the applicable zoning district as set forth in Chapter 108 or in the alternative, the principal single-family dwelling must have a valid certificate of occupancy for a preexisting nonconforming dwelling.
(4) Accessory apartment size. The minimum area for an accessory apartment shall be 300 square feet and a maximum of 650 square feet. The accessory apartment shall not exceed 40% of the area of the principal dwelling. For preexisting apartments seeking to comply with the Code provisions set forth in this chapter, the Building Department true may review, approve, approve with conditions, or deny accessory apartments that exceed 650 square feet, up to a maximum of 850 square feet, provided that the accessory apartment does not exceed 40% of the area of the principal dwelling of which the apartment is accessory. In no event may there be more than one bedroom per accessory apartment.
(5) Exterior appearance. The entry to an accessory apartment located within the principal dwelling shall be designed such that the appearance of the dwelling, to the degree reasonably feasible, remains as a single-family dwelling.
(6) Off-street parking. In addition to off-street parking requirements for single-family dwellings set forth in the Chapter 108 Parking Schedule, there shall be located a minimum of two nine-feet-by-eighteen-feet off-street parking stalls for an accessory apartment unit. The parking areas and driveways shall be paved with asphalt, concrete, bluestone or such other similar surfaces.
(7) The principal structure, as well as the accessory apartment, must comply with all requirements of this article and all applicable provisions of the Town Code of the Town of Riverhead, Suffolk County Department of Health Services, New York State Uniform Fire Prevention and Building Code, and any and all such other agencies having jurisdiction.
(8) Inspection. The Building Department Administrator for the Town of Riverhead Building Department or his or her designated representative is authorized to make or cause to be made inspections, upon reasonable notice, to determine the condition of the dwellings and compliance with the provisions of this article to safeguard the health, safety, and welfare of the public. A renewal application or transfer application shall be subject to identical inspection criteria as set forth above.
(9) Duration. All permits issued hereunder shall be valid for an initial period of three years and shall be renewable for successive periods of up to five years at the discretion of the Building Department.true
(10) New construction. No permit shall be issued for an accessory apartment within any structure until a period of three years has elapsed from the date of issuance of the relevant certificate of occupancy. Nothing contained in this subsection shall be construed to prohibit the construction of an addition to a principal building.
(11) Amnesty. For the detached single-family dwellings that illegally have an accessory apartment, the owner shall have two years from the enactment of this article to make application, without penalty as set forth in § 52-18, and preconstruction fees (triplicate fees) as set forth in § 52-10H shall be waived upon receipt of an accessory apartment permit. As set forth in § 108-35F of this article, the applicant/owner shall have 90 days of issuance of the building permit to comply with all requirements of this article, including but not limited to review and approval by the Riverhead Building Administratortrue and all applicable provisions of the Town Code of the Town of Riverhead, Suffolk County Department of Health Services, New York State Uniform Fire Prevention and Building Code, and any and all such other agencies having jurisdiction.
§ 108-35. Applications.
A. In order to construct an accessory apartment, the applicant shall apply for and receive a building permit from the Building Department in the following manner:true
(1) An application to the Building Department for pre-approval of occupancy and use, together with plans by a licensed design professional and any such other plans, documents or surveys required by the Building Department;
(2) An application to the Building Department for all necessary building permits;
(3) An application to the Building Departmenttrue for an accessory apartment permit.
B. The applicant shall make part of any application for pre-approval of occupancy and use and building permit, an approval of the Suffolk County Department of Health Services, if required.
C. The Building Department, true as part of its application, may require the applicant to submit supporting documents, including but not limited to floor plans, surveys, less than 10 years old that show all existing structures, photographs, and/or exterior renderings.
D. The application for the transfer of an accessory apartment permit to a subsequent property owner shall be completed on such forms and in such a manner as prescribed by the Building Department.true
E. The application must be supplied by the owners of the property and the applicant shall be required to file an acknowledgment with the Town of Riverhead stating that the accessory apartment permit or any extensions thereof shall terminate upon the death of the signator or the survivor of the signator, upon the transfer of title to said premises, upon the signator no longer occupying the premises as his or her principal residence or upon a conviction for a violation of this article.
F. The applicant will be required to file a form stating that the subject dwelling(s) shall conform with all with all requirements of this article, all applicable provisions of the Town Code of the Town of Riverhead, Suffolk County Department of Health Services, New York State Uniform Fire Prevention and Building Code. The applicant will be required to meet pertaining standards within 90 days of the building permit or the accessory apartment permit will become null and void.
G. All applications made to the Building Departmenttrue shall be in writing, on forms prescribed by the Building Departmenttrue. The Building Departmenttrue shall fix a reasonable time for the hearing of the application and give public notice thereof, as well as due notice to the applicant. The applicant shall mail notice of the hearing by either certified or registered mail, return receipt requested, to every property owner, as shown on the current Riverhead assessment rolls, owning property immediately adjacent and contiguous to that of the applicant. For purposes of this section, property separated from that of the application by a public road or right-of-way shall be deemed contiguous.
H. The following shall be submitted with such application:
(1) A copy of the notice sent to property owners.
(2) A list, in duplicate, containing the names and addresses of the owners to whom notices were sent.
(3) Return receipts.
(4) An affidavit of mailing of the aforesaid notices.
(5) A valid certificate of occupancy issued at least three years prior to the date of application.
(6) Proof of ownership.
(7) Proof of residency.
(8) Personal identification.
(9) Three surveys giving the exact description and location of property with all existing and proposed structures and setback from all property lines.
§ 108-36. Fees.
A. The fee for an accessory apartment permit for the initial three-year period shall be $500. The renewal fee for the subsequent five-year periods shall be $250.
B. Upon failure to obtain a certificate of occupancy within the total allotted time, the first re-application fee will be $300. For a second failure to obtain the certificate of occupancy in the allotted time, the second re-application fee will be $500. For any and all subsequent re-applications, the fee will be $500.
C. The fee for the transfer of an unexpired term of an accessory apartment permit shall be $50.
truetrue § 108-37. Revocation; lapse of accessory apartment permit.
A. Revocation. The Building Departmenttrue shall retain the right to revoke any accessory apartment permit issued hereunder should the applicant or applicant’s tenant violate any provision of this article, any condition imposed upon the issuance of the accessory apartment permit, or violation of the provisions of the Town Code of the Town of Riverhead. Said revocation shall be after a hearing held on notice to the applicant and, if known, the tenant. As an alternative to revocation, the Building Departmenttrue may continue the permit on a probationary basis, and in such event, it may revoke the permit without further notice to the applicant or tenant upon a violation of any conditions attached to the probationary permit.
B. Lapse of accessory apartment permit. Every application for accessory apartment permit granted by the Accessory Apartment Review Board shall be and become null and void and of no further force and effect unless the applicant obtains a building and zoning permit for work to be done and/or change of use no later than 30 days after approval is granted by the Building Departmenttrue.
trueC. No person shall create or occupy an accessory apartment without obtaining an accessory apartment permit true and a certificate of occupancy for said use from the Building Department.
trueD. The article shall sunset upon the issuance of the 250th accessory apartment permit, excluding accessory apartment permits issued to applicants seeking to legalize a pre-existing accessory apartment under the amnesty provision set forth in § 108-34C(11). The Town Board may, by resolution, extend the sunset provision up to the 500th accessory apartment permit and/or impose saturation limits within a specified geographical radius or zoning district.
§ 108-38. Appeals.
All appeals from the determination of the Building Departmenttrue or from any administrative determination regarding interpretation of any provision of this article shall be by §108-76 and by an Article 78 proceeding. This shall be the exclusive remedy of any aggrieved party.
§ 108-39. Penalties for offenses.
All applicable penalty provisions set forth in Chapter 52 and such other pertinent provisions of the Code of the Town of Riverhead shall apply to any violation(s) of this article.
* Underline represents addition(s)
* Overstrike represents deletion(s)
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
8020-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York on the 3rd day of August 2010 at 2:15 o’clock p.m. to consider a local law to amend Chapter 92 of the Riverhead Town Code entitled, ” Highways, Streets and Sidewalks” of the Riverhead Town Code as follows:
trueArticle V Timely Removal of Damaged Utility Poles on Town Highways (§92-14 Р§92-18)
§ 92-14 Legislative Intent.
A. The Riverhead Town Board hereby finds and determines that utility companies are frequently required to replace damaged utility poles.
B. The Riverhead Town Board also finds that this process often involves the installation of a new pole directly next to or in close proximity to the damaged pole, a practice known in the industry as a “double wood”.
C. The Riverhead Town Board further determines that double woods should be in place only temporarily to allow the various utility companies a reasonable amount of time to move their equipment to the new pole.
D. The Riverhead Town Board determines that, increasingly, double woods are being left in place for long periods of time, sometimes for several years.
E. The Riverhead Town Board also finds and determines that double woods have proliferated to the point where there are now hundreds of aesthetically unpleasant damaged poles lining the Town’s roadways.
F. The Riverhead Town Board determines that in addition to being eyesores, damaged poles left standing for unreasonably long periods of time pose a serious threat to the safety of Town of Riverhead residents.
G. Therefore, the purpose of this law is to incorporate into the Town of Riverhead Highway Department utility pole permitting process a requirement that damaged poles be removed in a timely manner and to authorize penalties against utilities when they fail to comply with this permit requirement or when they fail to remove existing, damaged poles in violation of this Article.
§ 92-15 Definitions.
A. As used in this law, the following term shall have the meaning indicated:
“DOUBLE WOOD” shall mean a new utility pole that is attached, or placed in close proximity, to a damaged utility pole.
“PLANT” shall mean the cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service.
“PUBLIC UTILITY” shall mean any corporation, authority or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Riverhead.
§ 92-16 Permit Requirements.
The Town of Riverhead Highway Department shall include in all permits for the installation of utility poles on Town highways the following provisions:
The permittee shall have ninety (90) days to remove a damaged pole following the installation of a new pole.
If a damaged pole remains as part of a double wood after the ninety (90) day period has expired, the Town of Riverhead Highway Department shall notify the permittee that the damaged pole must be removed within sixty (60) days of receipt of the notice or a penalty will be imposed.
If a damaged pole remains as part of a double wood sixty (60) days after the Town’s notification, the permittee shall be assessed a penalty of two hundred fifty dollars ($250.00) for each day the damaged pole is left standing.
§ 92-17 Compliance; Enforcement.
A. The Highway Department Superintendent or designee shall determine procedures for compliance with the provisions of this article.
B. The Highway Department Superintendent or designee shall also be responsible for undertaking the inspections to determine compliance and certification and filing the necessary documentation.
C. The provisions of this chapter shall be enforced by the Building Inspector, the Zoning and Building Administrator, Ordinance Inspector, Town Investigator, Senior Town Investigator and by the police officers of the Town of Riverhead, who shall be authorized to issue summonses to violators at the site of the violation. If the owner of the property on which the violation exists cannot be personally served at the time of the issuance of the summons, the summons shall be served upon the owner by certified mail, return receipt requested, addressed to the owner or its designated managing agent at the address listed in the property tax rolls as the address of the property owner.
§ 92-18 Penalties for Offenses: Civil penalty Authorized
A. Each day’s continued violation shall constitute a separate, additional violation.
A violation of this Article shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00).
Any public utility that violates this law and fails to remove their double wood or plant from a damaged pole within sixty (60) days of receiving notification shall be subject to a civil penalty not to exceed $250.00 for each such violation. Each day that the violation continues shall be deemed a separate violation.
If a public utility violates the provisions of this law and fails to remove the double wood or plant from a damaged pole in accordance with the provisions of this law, the Town Attorney upon authorization from the Town Board, may commence an action in the name of the Town of riverhead in a court of competent jurisdiction for necessary relief which may include imposition of civil penalties as authorized by this law, in order to remove the double wood or plant from a damaged utility pole and/or to remove the damaged pole, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin a dangerous condition from existing in a town highway.
§ 92-19 Applicability.
A. Scope. This article shall apply to all utility poles located within the Town of Riverhead, whether or not the use and installation thereof shall be permitted under applicable regulations. ted for a fee and a charge made if said premises are not occupied by the legal owner thereof.
B. This article shall apply to all utility pole permits issued by the Town of Riverhead Highway Department and shall apply to existing double wood on or after the effective date of this law.
C. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this article does not make legal any action or state of facts that is otherwise illegal under any other applicable legislation.
Article VI Severability and When Effective (§92-20 Р§92-21)
§92-20 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter.
§92-21 When Effective.
This chapter shall take effect after the filing with the Secretary of State.
Dated: Riverhead, New York
July 7, 2010
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
* Underline represents addition(s)
* Overstrike represents deletion(s)
8021-1T 7/15
PUBLIC NOTICE
TOWN OF RIVERHEAD
NOTICE TO BIDDERS
Sealed bids for the purchase of PAINT for use by the TOWN OF RIVERHEAD will be received by the Town Clerk of the Town of Riverhead at Town Hall, 200 Howell Avenue, Riverhead, New York, 11901, until 11:00a.m. on JULY 26, 2010.
Bid packets, including Specifications, may be obtained on our website @www.riverheadli.com or at the Town Clerk’s office at Town Hall Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m.
All bids must be submitted on the bid form provided. Any and all exceptions to the Specifications must be listed on a separate sheet of paper, bearing the designation “EXCEPTIONS TO THE SPECIFICATIONS” and be attached to the bid form.
The Town Board reserves the right and responsibility to reject any or all bids or to waive any formality if it believes such action to be in the best interest of the Town.
All bids are to be submitted to the Town Clerk’s Office in a sealed envelope bearing the designation BIDS FOR PAINT 2010.
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM,
TOWN CLERK
8022-1T 7/15
PUBLIC NOTICE
Pursuant to Section 267 of the Town Law a Public Hearing will be held by the Zoning Board of Appeals of the Town of Riverhead, Suffolk County, New York on July 22, 2010, at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York not before the time shown below on each of the following appeals:
7:15 p.m. prevailing time, Appeal No. 10-45, the appeal of Great Rock 2006, LLC, 582 Edwards Avenue, Calverton, New York for a variance to Chapter 108, Section 108-56 G (1) of the Code of the Town of Riverhead, requesting permission to erect a non permitted commercial advertising off-premises sign.
7:20 p.m. prevailing time, Appeal No. 10-46, the appeal of James and Janet Cumming, 730 Sound Shore Road, Riverhead, New York for variances to Chapter 12, Section 12-14 of the Code of the Town of Riverhead, requesting permission to construct an addition to a single family residence within the Coastal Erosion Hazard Area such activity being new development and not provided for by Chapter 12, and to Chapter 108, Section 108.10.1 requesting permission to construct the addition having side yard widths of 2.5 and 4.38 feet, respectively, instead of the required 25 feet, a combined side yard width of 6.88 feet instead of the required 55 feet and to provide for impervious surface of 20.9% instead of the permitted 15%.
7:25 p.m. prevailing time, Appeal No. 10-47, the appeal Anthony Cravotta, 5 Locust Street, Aquebogue, New York for variances to Chapter 108, Section 108-10.1 of the Code of the Town of Riverhead, requesting permission to maintain an attached swimming pool and wood deck to a single family residence in the rear yard having a rear yard depth of 29.8 feet instead of the required 60 feet and to provide for impervious surface of 41% instead of the permitted 15%.
7:25 p.m. prevailing time, Appeal No. 10-48, the appeal Riverhead Pooh, Riverhead Bay Motors, 1521, 5 Locust Street, Aquebogue, New York for a variance to Chapter 108, Section 108-57 E (7) (a) (3) of the Code of the Town of Riverhead, requesting permission to display a fresh air balloon to be used for temporary events having 128 sq. ft. in area instead of the maximum requirement of 50 sq. ft.
Any person desiring to be heard on the above mentioned appeals should appear at the specified time and place.
Zoning Board of Appeals work session begins at 6:45 p.m. in the office of the Town of Riverhead Planning Department.
F. J. MCLAUGHLIN, CHAIRMAN, ZONING BOARD OF APPEALS
8023-1T 7/15
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT: SUFFOLK COUNTY. BANCO POPULAR NORTH AMERICA, Pltf. vs. LOO ENTERPRISES, INC., et al, Defts. Index #17121/09. Pursuant to judgment of foreclosure and sale dated Apr. 22, 2010, I will sell at public auction at Riverhead Town Hall, 200 Howell Ave., Riverhead, NY on Aug. 19, 2010 at 12:30 p.m. prem. k/a 3725 Route 25, Calverton, NY. Said property located on the southerly side of Middle Country Rd. at the extreme easterly end of a curve connecting the easterly side of Edwards Ave. with the southerly side of Middle Country Rd.; RUNNING THENCE South 67 degrees 16 minutes 00 seconds East along the southerly side of Middle Country Rd. 135 ft. to land now or formerly of Jowick Associates, Inc.; THENCE South 05 degrees 26 minutes 20 seconds West along said land of Jowick Associates Inc., 205.41 ft.; THENCE North 84 degrees 33 minutes 40 seconds West continuing along said land of Jowick Associates, Inc. 143.22 ft. to the easterly side of Edwards Ave.; THENCE North 05 degrees 26 minutes 20 seconds East along the easterly side of Edwards Ave. 235 ft.; THENCE in a northerly, northeasterly and easterly direction along the arc of a curve bearing to the right having a radius of 11.04 ft., a length of 20.67 ft. to the point or place of BEGINNING. Approx. amt. of judgment is $1,044,275.94 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale. PAUL M. DeCHANCE, Referee.
JASPAN SCHLESINGER LLP,
Attys. for Pltf.,
300 Garden City Plaza,
Garden City, NY.
#78147
8024-4T 7/15, 22, 29; 8/5
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT: COUNTY OF SUFFOLK – HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTEHOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2005-4, RENAISSANCE HOME EQUITY LOAN ASSET-BACKED NOTES, SERIES 2005-4, Plaintiff, AGAINST NICOLAOS AVGOUSTIDIS, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 6/29/2010, I, the undersigned Referee will sell at public auction at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, NY 11901, New York, on 8/17/2010 at 11:30 AM, premises known as 38 BENJAMIN STREET, WADING RIVER, NY 11792. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of RIVERHEAD, County of Suffolk and State of New York, Section, Block and Lot: Section 74 Block 1 Lot 29.002. Approximate amount of judgment $432,971.31 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #09-43191. Michael T. Clancy, Referee,
SHAPIRO, DICARO and BARAK, LLP, Attorney for Plaintiff
250 Mile Crossing Boulevard,
Rochester, NY 14624
Dated: 7/8/2010
8025-4T 7/15, 22, 29; 8/5
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT:
SUFFOLK COUNTY
U.S. Bank National Association, as Successor Trustee to Bank of America, National Association, as successor by merger to LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-MLN1; Plaintiff(s)
vs. JORGE DUQUE; YESID LEMOS; et al; Defendant(s)
Attorney (s) for Plaintiff (s): ROSICKI, ROSICKI and ASSOCIATES, P.C., 2 Summit Court, Suite 301, Fishkill, New York, 12524, 845.897.1600
Pursuant to judgment of foreclosure and sale granted herein on or about March 29, 2010, I will sell at Public Auction to the highest bidder at Riverhead Town Hall, 200 Howell Avenue, Riverhead, NY 11901.
On August 13, 2010 at 02:00 PM
Premises known as 204 Maple Avenue, Riverhead, NY 11901
District: 0600 Section: 129.00 Block: 02.00 Lot: 026.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Riverhead, County of Suffolk and State of New York.
As more particularly described in the judgment of foreclosure and sale.
Sold subject to all of the terms and conditions contained in said judgment and terms of sale.
Approximate amount of judgment $443,247.93 plus interest and costs.
INDEX NO. 20112/08
James A. Saladino, Esq., REFEREE
8026-4T 7/15, 22, 29; 8/5
LEGAL NOTICE
NOTICE OF SALE
SUPREME COURT: COUNTY OF SUFFOLK – WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff, AGAINST DARIUSZ MALYSIAK, ET AL., Defendant(s). Pursuant to a judgment of foreclosure and sale duly dated 9/21/2009, I, the undersigned Referee will sell at public auction at the front steps of the Riverhead Town Hall, 200 Howell Avenue, Riverhead, in the County of SUFFOLK, State of New York, on 8/17/2010 at 12:00 PM, premises known as 61 STRAWBERRY COMMONS UNIT 61, RIVERHEAD, NY 11901. All that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of RIVERHEAD, County of Suffolk and State of New York, Section, Block and Lot: 109.01-01.00-061.000. Approximate amount of judgment $299,763.50 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index #08-10757. Mary C. Hartill, Referee,
Steven J. Baum PC,
Attorneys for Plaintiff,
P.O. Box 1291,
Buffalo, NY 14240-1291
Dated: 7/12/2010
8027-4T 7/15, 22, 29; 8/5
PUBLIC NOTICE
PLEASE TAKE NOTICE, that a Special Meeting of the Riverhead Industrial Development Agency Board of Directors will take place on Thursday, July 15, 2010, at 5:00 p.m. in the Town Board meeting room, Town Hall, 200 Howell Avenue, Riverhead, NY 11901.
The purpose of the meeting is to discuss the employment status of an IDA employee. The Board may convene an executive session for that purpose. It is expected to last for a minimum of one hour.
BY ORDER OF
THE BOARD OF DIRECTORS
Riverhead Industrial
Development Agency
Kathleen Wojciechowski
Chairperson
8028-1T 7/15
LEGAL NOTICE
License #1241425 for beer, liquor, and wine. Keewaydin Golf Corporation D/B/A Long Island National Golf Club, at the restaurant located at 1793 Northville Turnpike, Riverhead, NY 11901.
8029-2T 7/15, 22
