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HomeMy WebLinkAbout6617 emu) (b ct{ - rn f Fuv)d, lac , 117 g �j • BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson h0�� Ty�lO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • ,^�aa�OQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider �l�'CQU Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS `� b TOWN OF SOUTHOLD JUN 2 7 4 Tel. 631 765-1809•Fax 631 765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DUNE 19,2014 ZBA FILE No.: SE 6617SE AMENDED (2) NAME OF APPLICANT:New Suffolk Waterfront Fund, Inc. SCTM# 1000-117-08-18 PROPERTY LOCATION: 650 First St., (adj.to Cutchogue Harbor)New Suffolk,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Dec. 13, 2012, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. The LWRP Coordinator issued a recommendation dated Jan. 3,2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The program supports the historic restaurant use through policy 10.1(b). PROPERTY FACTS/DESCRIPTION: The applicant has represented that the subject property, denoted as Parcel 1, has a lot area of 100636 SF of which 93588 SF is upland/buildable land. Parcel 1 is the resultant area of Tax Lot 18 after a proposed re-subdivision(Lot line modification)which is presently pending before the Planning Board. Tax Lot 18, before the re-subdivision, previously had two Permitted Uses operating concurrently, a Restaurant Use and a Marina Use.Parcel 1 fronts First Street for 272.54 feet at its western boundary, fronts Main Street for 242.44 feet and Parcel 2 for 108.7 feet at its southern boundary. It has 631 +/-feet along Cutchogue Harbor to the east and 254.46 feet on the northern property line. The parcel is improved with a Barn/Storage building, a 1-Story Marina Accessory Building, a building used previously(and as recently as 2007) as a 95-seat Restaurant(now in disrepair), a Boat Basin, and a historical monument denoting the parcel as the location of the nation's First Submarine Base. The subject z 3 Page 2 of 5—June 19,2014 ZBA File#6617SE—NSWF Fund,Inc. SCTM:1000-117-8-18 parcel also has a beach area.All as shown as Parcel 1 on the Survey/Site Plan entitled"New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on 10/24/2012"NSWF,Inc Comments"prepared by Barrett,Bonacci&Van Weele,PC, stamped by Martin A.Read,L.S. RELIEF REQUESTED: The Building Inspector has determined that the previous Restaurant Use has expired. Therefore the applicant is required to apply for the permitted Restaurant Use by special exception by the Board of Appeals.The applicant proposes a Restaurant Use in a MII district in accordance with Zoning Ordinance,Article XIII, Section 280-55, Subsection B(1). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Restaurants, excluding outdoor counter service, drive-ins or curb-service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. The proposed Restaurant Use is shown on the map prepared by Joseph Fischetti, P.E., dated February 2,2013, entitled"New Suffolk Waterfront",Parking Requirements, Sheet No. 1. ADDITIONAL INFORMATION: There were many letters, emails and testimony received in support of the proposed Restaurant Use. There were also letters,emails and testimony received voicing concern that the new Restaurant Use may increase problems with insufficient parking,traffic congestion,and increased flooding during storms. ADDITIONAL INFORMATION AMENDED DECISION(2) On May 30,2014 the Board of Appeals received a request for comments from the Southold Town Planning Board on the site plan application submitted to them by New Suffolk Waterfront Fund Inc.,specifically regarding compliance with the conditions imposed in this decision (ZBA File #6617SE).Based upon a review of the Planning Board's application and accompanying site plans and architectural drawings,the Board submitted a written Memorandum on June 6,2014 with the following findings: 1. The proposed bulkhead setback of 75.4 feet for deck additions on the seaward side of the Galley Ho building are conforming to code,as are all other code required dimensional requirements. Therefore no further variance relief is required from the Board of Appeals (Condition 2 cited herein).This assessment has been confirmed by the Chief Building Inspector in a mutual review and discussion of the documents cited above with the ZBA Chairperson on June 3,2014. 2. The proposed 47 SF addition to the Galley Ho building is deemed to be de minimus in nature by the Board of Appeals; and since the applicant continues to propose a total of 66 seats for the subject restaurant,there is no proposed increase is the intensity of use and no further action by the ZBA is required,as currently applied for to the Planning Board (Condition 3 cited herein). 3. The ZBA reserves the right to review any proposed future changes to the plans reviewed in the ZBA Memorandum dated June 6,2014 for compliance with ZBA conditions. 4. To ensure that there is no other enlargement of habitable space to the Galley Ho building, the Board of Appeals will amend ZBA decision#6617SE by adding a 51h condition of approval. r=- r Page 3 of 5—June 19,2014 ZBA File#6617SE—NSWF Fund,Inc. SCTM: 1000-117-8-18 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on January 3, 2013 and February 7, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and finds: A. That the Restaurant Use as proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.The Restaurant Use is proposed in its existing location and at a smaller scale than what previously existed upon this parcel (66 seats as opposed to the original 95 seats). While concerns were expressed by some residents about the required parking, traffic and new septic system upgrade that a renovated restaurant would require, the applicant shows an adequate parking yield on the subject parcel for the proposed restaurant use in its current location, in addition to parking for a proposed 15 slip marina, as shown on the site plan dated Feb. 2, 2013. Additionally, the required review and site plan approval by the Southold Town Planning Board, the Suffolk County Department of Health Services and the DEC will provide mitigation measures to address potential adverse impacts, including impacts to scenic view sheds. Moreover, no evidence was presented to indicate that the previous Restaurant Use prevented the orderly and reasonable use of adjacent properties. Therefore, the Board concludes that the proposed Restaurant Use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the Restaurant Use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. There was evidence presented by verbal and written testimony implying that the various permitted and legally established uses in this district are in deficit of available parking areas to support all of the present uses.The proposed Restaurant Use will be required to supply the needed parking requirements on the subject parcel and address any detriment to permitted or legally established uses during the required site plan review by the Planning Board. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The proposed Restaurant Use will re-establish a use that has long existed harmoniously on the subject property and at a less intense, smaller scale operation. . Additionally, no evidence was presented to indicate that the previous Restaurant Use adversely affected the safety, the health, the welfare, the comfort, the convenience or the order of the town. Therefore, the Board concludes that the Restaurant Use as proposed will not adversely affect the safety,the health,the welfare,the comfort,the convenience or the order of the town. D. That the Restaurant Use will be in harmony with and promote the general purposes and intent of this chapter. The proposed Restaurant Use is a permitted use by special exception by the Board of Appeals in this Marine 11 District. A Restaurant Use previously existed on this parcel and the applicant proposes to re-establish the same use. r 1 Page 4 of 5—June 19,2014 ZBA File46617SE—NSWF Fund,Inc. SCTM: 1000-117-8-18 E. That the Restaurant Use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. A Restaurant Use previously existed on this parcel and was compatible with the character of this neighborhood and community. The Restaurant Use as proposed includes renovating and improving the existing structure, which is currently in disrepair, and operating at a less intense scale than what previously existed. The compatibility of the proposed restaurant's overall appearance and visibility will be addressed during Site Plan Review and approval. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection because site plan approval by the Planning Board will insure same. G. That the proposal complies with the requirements of Chapter 236, Storm water Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Storm water Management. Site Plan Review and approval will insure compliance with the requirements of Chapter 236, Storm water Management. Required improvements to the sanitary system, flood plain compliance, and site drainage will improve the treatment of sanitary waste, which will benefit the adjacent wetland areas and improve the Peconic Bay ecosystem. The Board has given consideration to the "Matters to be considered" governing Special Exception uses set forth in Section 280-143,A through P, in making this determination. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Weisman(Chairperson), and duly carried to GRANT, a Special Exception, as applied for, and shown on the map prepared by Joseph Fischetti,P.E., dated February 2, 2013, entitled "New Suffolk Waterfront",Parking Requirements, Sheet No. 1. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Final site plan approval by the Southold Town Planning Board,the Department of Health Services,the DEC and any other regulatory agency from which permits and approvals must be obtained 2. Any future variance relief from the Board of Appeals that may be required 3. The Board reserves the right to further review any changes in the intensity of use for the restaurant as proposed in this application and described in this decision. 4. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy.Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. 5. The proposed deck additions,as noted on the site plan by Marshall Paetzel,LA stamped received by the Planning Board on April 8.2014 must remain open to the sky and may not be enclosed with any roof or walls, either permanent or temporary. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. 1 Page 5 of 5—June 19,2014 ZBA File#6617SE—NS WF Fund,Inc. SCTM:1000-117-8-18 BOARD RESOLUTION(February 28,2013): Motion to amend was offered by Member Weisman (Chairperson), seconded by Member Schneider, and was duly carried to; AMEND the language under Findings paragraph A. Vote of the Board: Ayes:Members: Weisman(Chairperson)Horning, Goehringer,Schneider. This Resolution was duly adopted(4-0). BOARD RESOLUTION(June 19, 2014): Motion to amend was offered by Member Weisman (Chairperson), seconded by Member Dantes, and was duly carried to; AMEND the decision by adding Condition#5 cited above Vote of the Board: Ayes:Members: Weisman(Chairperson,)Horning, Goehringer,Schneider,Dantes. This Resolution was duly adopted(5-0). c' Leslie Kane Weisman, Ch irperson Approved for filing (7 A� /2014 t��G BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� rif0 01 53095 Main Road•P.O.Box 1179 1p . Southold,NY 11971-0959 #t Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider Southold,NY 11971 RUNTY, http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R C IV D` Tel.(631)765-1809•Fax(631)765-9064 14— MAR 2 8 2013 FINDINGS,DELIBERATIONS AND DETERMINATION 'iStold MEETING OF MARCH 21,2013 TOWn Clerk ZBA FILE No.: SE 6617 AMENDED NAME OF APPLICANT:New Suffolk Waterfront Fund,Inc. SCTM# 1000-117-08-18 PROPERTY LOCATION: 650 First St., (adj.to Cutchogue Harbor)New Suffolk,NY SEQRA DETERMINATION: 'The Zoning Board .of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Dec. 13, 2012, stating .that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Jan. .3, 2013. Based upon the information provided on the LWRP Consistency Assessment Form.submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The program supports the historic restaurant use through policy 10.1(b). PROPERTY FACTS/DESCRIPTION: The applicant has represented that the subject property, denoted as Parcel 1,has a lot area of 100636 SF of which 93588 SF is upland/buildable land. Parcel 1 is the resultant area of Tax Lot 18 after a proposed re-subdivision(Lot line modification) which is presently pending before the Planning Board.Tax Lot 1.8,before the re-subdivision, previously had two Permitted Uses operating concurrently, a Restaurant Use and a Marina Use. Parcel 1 fronts First Street for 272.54 feet at its western boundary, fronts Main Street for 242.44 feet and Parcel 2 for 108.7 feet at its southern boundary. It has 631 +/-feet along Cutchogue Harbor to the east and 254.46 feet on the northern property line.The parcel is improved with a Barn/Storage building, a 1-Story Marina Accessory Building, a building used previously(and as recently as 2007)as a 957seat Restaurant(now in disrepair), a Boat Basin, and a historical monument denoting the parcel as the location of the nation's First Submarine Base. The subject � I Page 2 of 4—March 21,2013 ZBA File#6617SE—NSWFFund,Inc. CTM: 1000-117-8-18 j parcel also has a beach area.All as shown as Parcel 1 on the Survey/Site Plan entitled"New f Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on 10/24/2012 "NSWF, Inc Comments"prepared by Barrett,Bonacci &Van Weele,PC, stamped by Martin A. Read,L.S. RELIEF REQUESTED: The Building Inspector has determined that the previous Restaurant Use has expired.Therefore the applicant is required to apply for the permitted Restaurant Use by special exception by the Board of Appeals.The applicant proposes a Restaurant Use in a MII district in accordance with Zoning Ordinance,Article XIII, Section 280-55, Subsection B(1). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Restaurants, excluding outdoor counter service, drive-ins or curb-service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. The proposed Restaurant Use is shown on the map prepared by Joseph Fischetti, P.E., dated February 2, 2013, entitled"New Suffolk Waterfront', Parking Requirements, Sheet No. 1. ADDITIONAL INFORMATION: There were many letters, emails and testimony received in support of the proposed Restaurant Use. There were also letters, emails and testimony received voicing concern that the new Restaurant Use may increase problems with insufficient parking, traffic congestion,and increased flooding during storms. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on January 3, 2013 and February 7, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the Restaurant Use as proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The Restaurant Use is proposed in its existing location and at a smaller scale than what previously existed upon this parcel (66 seats as opposed to the original 95 seats). While concerns were expressed by some residents about the required parking, traffic and new septic system upgrade that a renovated restaurant would require, the applicant shows an adequate parking yield on the subject parcel for the proposed restaurant use in its current location, in addition to parking for a proposed 15 slip marina, as shown on the site plan dated Feb. 2, 2013. Additionally, the required review and site plan approval by the Southold Town Planning Board, the Suffolk County Department of Health Services and the DEC will provide mitigation measures to address potential adverse impacts,including impacts to scenic view sheds. I f i i i r' Page 3 of 4—March 21,2013 ZBA File#6617SE—NSWF Fund,Inc. CTM: 1000-117-8-18 Moreover, no evidence was presented to indicate that the previous Restaurant Use prevented the orderly and reasonable use of adjacent properties. Therefore, the Board concludes that the proposed Restaurant Use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the Restaurant Use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts.There was evidence presented by verbal and written testimony implying that the various permitted and legally established uses in this district are in deficit of available parking areas to support all of the present uses. The proposed Restaurant Use will be required to supply the needed parking requirements on the subject parcel and address any detriment to permitted or legally established uses during the required site plan review by the Planning Board. C. That the safety,the health, the welfare,the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location.The proposed Restaurant Use will re-establish a use that has long existed harmoniously on the subject property and at a less intense, smaller scale operation. . Additionally, no evidence was presented to indicate that the previous Restaurant Use adversely affected the safety, the health, the welfare, the comfort, the convenience or the order of the town. Therefore, the f Board concludes that the Restaurant Use as proposed will not adversely affect the safety, I the health,the welfare,the comfort,the convenience or the order of the town. I D. That the Restaurant Use will be in harmony with and promote the general purposes and intent of this chapter. The proposed Restaurant Use is a permitted use by special exception by the Board of Appeals in this Marine Il District.A Restaurant Use previously existed on this parcel and the applicant proposes to re-establish the same use. i E. That the Restaurant Use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. A Restaurant Use previously existed on this parcel and was compatible with the character of this neighborhood and community.The Restaurant Use as proposed includes renovating and improving the existing structure, which is currently in disrepair, and operating at a less intense scale than what previously existed. The compatibility of the proposed restaurant's overall appearance and visibility will be addressed during Site Plan Review and approval. �. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection because site plan approval by the Planning Board will insure same. G. That the complies lies with the requirements of Chapter 236, Storm water proposal p Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Storm water Management. Site Plan Review and approval will insure compliance with the requirements of Chapter 236, Storm water Management.Required improvements to the sanitary system, flood plain compliance, and site drainage will improve the treatment of sanitary waste, which will benefit the adjacent wetland areas and improve the Peconic Bay ecosystem. i I I I � I j 6 Page 4 of 4—March 21,2013 ZBA File#6617SE—NSWF Fund,Inc. CTM: 1000-117-8-18 The Board has given consideration to the "Matters to be considered" governing Special Exception I uses set forth in Section 280-143,A through P, in making this determination. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Weisman(Chairperson), and duly carried to GRANT, a Special Exception, as applied for, and shown on the map prepared by Joseph Fischetti, P.E., dated February 2,2013, entitled"New Suffolk Waterfront",Parking Requirements, Sheet No. 1. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Final site plan approval by the Southold Town Planning Board,the Department of Health Services,the DEC and any other regulatory agency from which permits and approvals must be obtained 2. Any future variance relief from the Board of Appeals that may be required 3. The Board reserves the right to further review any changes in the intensity of use for the restaurant as proposed in this application and described in this decision. 4. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy.Therefore,as a condition of approval,the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special j Exception permit as granted herein. BOARD RESOLTION: Motion to amend this decision was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried to; AMEND the language under Findings,paragraph"A". Vote of the Board: Ayes:Members: Weisman(Chairperson)Horning, Goehringer,Schneider. This Resolution was duly adopted(4-0). �a- 44,&�- � Leslie Kanes Weisman, Chairperson Approved for filing a /2013 I i i i i BOARD MEMBERS rV SO UT Southold Town Hall Leslie Kanes Weisman,Chairperson �� H� 53095 Main Road •P.O.Box 1179 �® l® Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G @ Town Annex/First Floor,Capital One Bank George Horning �O ® �� 54375 Main Road(at Youngs Avenue) Ken Schneider �y�DUNTy,� Southold,NY 11971 http://southoldtown.northfork.net EE E1VED ZONING BOARD OF APPEALS �- 1 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 28,2013 ZBA FILE No.: SE 6617 NAME OF APPLICANT: New Suffolk Waterfront Fund, Inc. SCTM# 1000-117-08-18 PROPERTY LOCATION: 650 First St., (adj. to Cutchogue Harbor)New Suffolk,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Dec. 13, 2012, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Jan. 3, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The program supports the historic restaurant use through policy 10.1(b). j PROPERTY FACTS/DESCRIPTION: The applicant has represented that the subject property, denoted as Parcel 1,has a lot area of 100636 SF of which 93588 SF is upland/buildable land. Parcel 1 is the resultant area of Tax Lot 18 after a proposed re-subdivision(Lot line modification) which is presently pending before the Planning Board.Tax Lot 18,before.the re-subdivision, previously had two Permitted Uses operating concurrently, a Restaurant Use and a Marina Use. Parcel 1 fronts First Street for 272.54 feet at its western boundary, fronts Main Street for 242.44 feet and Parcel 2 for 108.7 feet at its southern boundary. It has 631.+/-feet along Cutchogue. Harbor to the east and 254.46 feet on the northern property line. The parcel is improved with a Barn/Storage building, a 1-Story Marina Accessory Building, a building used previously(and as recently as 2007) as a 95-seat Restaurant(now in disrepair), a Boat Basin, and a historical monument denoting the parcel as the location of the nation's First Submarine Base. The subject i Page 2 of 4—February 28,2013 ZBA File#6617SE—NSWF Fund,Inc. CTM: 1000-117-8-18 parcel also has a beach area. All as shown as Parcel 1 on the Survey/Site Plan entitled"New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on 10/24/2012 "NSWF, Inc Comments"prepared by Barrett,Bonacci &Van Weele,PC,stamped by Martin A. Read, L.S. RELIEF REQUESTED: The Building Inspector has determined that the previous Restaurant Use has expired. Therefore the applicant is required to apply for the permitted Restaurant Use by special exception by the Board of Appeals.The applicant proposes a Restaurant Use in a MII district in accordance with Zoning Ordinance,Article XIII, Section 280-55, Subsection B(1). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Restaurants, excluding outdoor counter service, drive-ins or curb-service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. The proposed Restaurant Use is shown on the map prepared by Joseph Fischetti, ! P.E., dated February 2, 2013, entitled "New Suffolk Waterfront", Parking Requirements, Sheet No. !. 1. ADDITIONAL INFORMATION: There were many letters, emails and testimony received in support of the proposed Restaurant Use. There were also letters, emails and testimony received voicing concern that the new Restaurant Use may increase problems with insufficient parking,traffic congestion, and increased flooding during storms. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on January 3, 2013 and February 7, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the j following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: I A. That the Restaurant Use as proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The Restaurant Use is proposed in its existing location and at a smaller scale than what previously existed upon this parcel (66 seats as opposed to the original 95 seats). The applicant's agent also represented that the restaurant use was proposed to be accessory to the primary marina use I that has also historically existed on the subject parcel. While concerns were expressed by some residents about the required parking, traffic and new septic system upgrade that a renovated restaurant would require, the applicant shows an adequate parking yield on the subject.parcel for the proposed restaurant use in-its current location, in addition to parking . for a proposed 15 slip marina, as shown on the site plan dated Feb. 2, 2013. Additionally, the required review and site plan approval by the Southold Town Planning Board, the Suffolk County Department of Health Services and the DEC will provide mitigation I measures to address potential adverse impacts, including impacts to scenic view sheds. y Page 3 of 4—February 28,2013 ZBA File#6617SE—NSWF Fund,Inc. CTM: 1000-117-8-18 Moreover, no evidence was presented to indicate that the previous Restaurant Use prevented the orderly and reasonable use of adjacent properties. Therefore, the Board concludes that the proposed Restaurant Use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the Restaurant Use will not prevent the orderly and reasonable use of permitted or j legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. There was evidence presented by verbal and written testimony implying that the various permitted and legally established uses in this district are in deficit of available parking areas to support all of the present uses. The proposed Restaurant Use will be required to supply the needed parking requirements on the subject parcel and address any detriment to permitted or legally established uses during the required site plan review by the Planning Board. C. That the safety,the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The proposed Restaurant Use will re-establish a use that has long existed harmoniously on the subject property and at a less intense, smaller scale operation. . Additionally, no evidence was presented to indicate that the previous Restaurant Use adversely affected the safety, the health, the welfare, the comfort, the convenience or the order of the town. Therefore, the Board concludes that the Restaurant Use as proposed will not adversely affect the safety, the health, the welfare,the comfort, the convenience or the order of the town. D. That the Restaurant Use will be in harmony with and promote the general purposes and intent of this chapter. The proposed Restaurant Use is a permitted use by special exception by the Board of Appeals in this Marine lI District. A Restaurant Use previously existed on this parcel and the applicant proposes to re-establish the same use. E. That the Restaurant Use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. A Restaurant Use previously existed on this parcel and was compatible with the character of this neighborhood and community. The Restaurant Use as proposed includes renovating and improving the existing structure, which is currently in disrepair, and operating at a less intense scale than what previously existed. The compatibility of the proposed restaurant's overall appearance and visibility will be addressed during Site Plan Review and approval. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection because site plan approval by the Planning Board will insure same. 1 G. That the proposal complies with the requirements of Chapter 236, Storm water Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Storm water Management. Site Plan Review and approval will insure compliance with the requirements of Chapter 236, Storm water Management. Required improvements to the sanitary system, flood plain , compliance, and site drainage will improve the treatment of sanitary waste, which will j benefit the adjacent wetland areas and improve the Peconic Bay ecosystem. j Page 4 of 4—February 28,2013 ZBA File#6617SE—NSWF Fund,Inc. CTM: 1000-117-8-18 The Board has given consideration to the "Matters to be considered" governing Special Exception uses set forth in Section 280-143, A through P, in making this determination. i BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried to GRANT, a Special Exception, as applied for, and shown on the map prepared by Joseph Fischetti, P.E., dated February 2, 2013, entitled"New Suffolk Waterfront",Parking Requirements, Sheet No. 1. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Final site plan approval by the Southold Town Planning Board,the Department of Health Services,the DEC and any other regulatory agency from which permits and approvals j must be obtained 2. Any future variance relief from the Board of Appeals that may be required 3. The Board reserves the right to further review any changes in the intensity of use for the j restaurant as proposed in this application and described in this decision. 4. The Special Exception Permit granted herein may involve a change in occupancy or a j change in use or a change within a classification of the occupancy. Therefore, as a condition of approval,the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. i Vote of the Board: Ayes:Members: Weisman(Chairperson,)Horning, Goehringer,Schneider. This Resolution was duly adopted(4-0). j I Leslie Kanes Weisman, Chairperson i Approved for filing /S /2013 I F I R ST STREET F I R ST STREET E POSSIBLE FUTURE PARKING O cr. N N Y S E A S E M E NT ° ° �oao� � olc LU LU VIX11PARKINI P4 O EBARN/ \� 0,STORAGE �Q < w 0 0 LL. z 14 1/ 0 :D ,5 (n \ 0 0 \ I 0 W \ Z \ I LOCATION OF POSSIBLE SUBSURFACE SANITARY FROM A SURVEY BY NATHAN TAFT CORWIN 0 \ � DATED APRIL 28,2011 \ MANHO E COVER ® 21 �0ii//i0 O O \ \\ CONCRETE OVER � / p \ � 1 STORY O \ MARINAACCESSORY \ i ' 227' \ t_t STORY O O \ MARINA ACCESSORY 1 Cp`FE - - - - - 1 ° � ° c O O ° ° w 'vasFP c z . ., U � z � Zw oCV O p `n co CUTCHOGUE HARBOR z m = O ® 0 ® to . O (o ° w co PARKING REQUIREMENTS EXISTING PILE 0 (TYPICAL) ° RESTURANT: ° ° 66 SEATS @ 1 S PAC E / 3 SEATS ° = ZZ PARKING SPACES MARINA: °�� ' 1 PARKING SPACE FOR 1 EMPLOYEE S; 0 cx lw!3 = 1 S PAC E 16 BOAT SLIPS: 1 SPACE / SLIP = 16 SPACES 38 SPACES FINAL MAP TOTAL: 1 HANDICAP SPACE ;4 REVIEWED BY ZBA E `-�� 38 REQUIRED SPACES SEE DECISION # ���� ���' .��c� � February 02, 2013 40 PROVIDED SPACES DATED / !0�0� SCALE., NISI = 30it � .a SHEET NO: INFORMATION USED ON THIS SURVEY BY: BARRETT BONACCI & VAN WEELE, PC SURVEYED: JULY 5,2012 OFFICE LOCATION: ��q so MAILING ADDRESS: Town Hall Annex ,`O l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) N Telephone: 631 765-1938 Southold, NY 11971 G Fax: 631 765-3136 IowNTY,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEHVED JAN 0 3 2013 To: Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: January 3, 2013 Re Coastal Consistency Review for ZBA File Ref NEW SUFFOLK WATERFRONT FUND, INC. - #6617 SCTM#1000-117-8-18 NEW SUFFOLK WATERFRONT FUND, INC. -#6617 - Request for Special Exception per Article XIII Section 280-55 (B) 1 to operate a restaurant in a Marine II (MII) District, located at: 650 First Street (corner Jackson Street, Main Street) (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1 000-1 17-8= 18 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy .Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available'to me, it is my determination that the proposed action is CONSISTENT with the policy standards and therefore CONSISTENT with the LWRP. The"program supports the historic restaurant use through policy 10.1(b) referenced below. 10.1 (b) Improve the economic viability of water-dependent uses by allowing for non-water dependent accessory and multiple uses, particularly Water enhanced and maritime support services where sufficient upland exists. The term water-enhanced use means a use or activity which does not require a location adjacent to coastal waters, but whose location on the waterfront adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment in nature. These uses may be necessary for the successful financial operation and viability of water-dependent uses. The operation of a restaurant (water enhanced use) supports the above policy. Cc: Jennifer Andaloro, Assistant Town Attorney COUNTY OF SUFFOLKtECEIVE� E0pltl7 0� �ppEA 1 Steven Bellone \` SUFFOLK COUNTY EXECUTIVE - �� Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment December 13, 2012 Town of Southold ZBA PO Box 1179 Southold,NY 11971 " Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Jachimowicz, Mariusz 6612 New Suffolk Waterfront Fund, Inc. 6616 & 6617 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI In P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)853-5191 RECEIVED ZONING BOARD OF-'APPEALS TOWN OF SOUTHOLD,NEW YORK NOV 19 2012 Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION ®a4Ed®OF APPEALSApplication No. Date Filed: TO THE ZONING BOARD OF APPEALS,SOUTHOLD,NEW YORK: Ap licant(s , U 2L C/A,4 F of OZ�In.Parcel Location: House No. 65d Street rv5 csam' ^� , Hamlet A&0Sb d k_ Contact phone numbers: 6 3/-7 g3<;? to 3/ 73(l 7110� SCTM 1000 Section /000 Block Lot(s) /g Lot Size3:1/29 Zone District /;�71? fro �0 wo hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE X777- ,SECTION20 SS,SUBSECTION 13 for the following uses and purposes: �� �J/ZL as shown on the attached survey/site plan drawn to scale. Site Plan review (&-rTS or ( ] IS NOT required. A. .Statement of Ownership and Interest: A,. /UPIVo�!'�' � GU �✓Lc�tw ��,is(are) the owner(s)of property known and referred to as 6,50 /L460 '_C0-' r A /1/>/ //93L. (House No., Street,Hamlet) ident1fied on the Suffolk County Tax Maps as District 1000,Section /�,Block ,Lot and shown on the attached deed. � '.The above-described property was acquired by the owner on a /Z 20/0 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is subject of this application is zoned _ 71 and[l®]is consistent with the use(s)described in the CO(attach copy),or [ ] is not consistent with the CO being furnished herewith for the following reason(s): [ ] is vacant land. / COUNTY OF SUFFOLK) /J ss.: STATE OF NEW YORK) (Sign re) Sworn t fore me this day of ��,�20/Z_ (Nota blic) DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified In Suffolk County Commission Expires Aug. 18, Btu .z��Y Special Exception—Statement N U,v New Suffolk Waterfront Fund, Inc. (NSWF) 650 First Street,New Suffolk,NY 11956 t30ARD OF APPEALS This application is for a special exception for the future use of the former Galley Ho building as a restaurant, as described below. It is not for renovation or construction of the restaurant, as that will be the subject of a further application detailing location,plans and other specifics required. However, prior to conveyance of a major portion of the property to Robins Island Holdings, Inc. for preservation purposes,NSWF must be assured that its overall plan to utilize the remaining property for both marina and restaurant uses is permissible. The Building Inspector has taken the position that the pre-existing restaurant use of the Galley Ho has expired. Having put into place its plan to acquire this waterfront site to avoid excessive development out of keeping with the New Suffolk Community, and having taken steps to preserve a significant portion of it through the conveyance of the area South of First Street to Robins Island Holdings, Inc. (RIH) for primary use as a natural preserve and through the plan for a conservation easement on the remaining parcel to insure the maintenance of parkland on much of the site,the NSWF proposes to restore the Galley Ho Restaurant, a significant historic seaside eating establishment, as an adjunct use to the marina and to provide a gathering place for those using the marina and those visiting the site. Once the development phase of the project commences,the NSWF will apply for a scaled down version of the former restaurant, more in keeping with the concept of a seaside cafe,with a seating capacity of approximately 55 seats. This capacity will be based on Suffolk County Dept of Health standards and regulations. The prior restaurant seating was for 95 seats in a full service restaurant. In addition to the conservation easement proposed on the site, to be held by New York State, the property is further protected by a recorded right of first refusal to Peconic Land Trust should NSWF ever seek to sell the property. Per Section 280-54 of the Southold Town Code, "the purpose of the Marine II (MII) District is to provide a waterfront location for a wide range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound." This site is ideally suited to the goal of the MII District through use of the property as a the proposed marina and restaurant use. The Special Exception should be granted for the following additional reasons: A. The restaurant use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. It will continue historic uses of marina and restaurant, in smaller scale. It will bring visitors to the area to benefit the local businesses, and provide parking which will aid the resolution of parking problems in the area. B. The restaurant use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. It will enhance the parking capacity of both the NSWF 1 and RIH sites. The proposed parking areas on the NSWF site will make the central New�UEFNYE® area better able to accommodate visitors. ivy►� Z01 C. The safety,health,welfare, comfort, convenience or the order of the Town will rftbW OF APPEAL adversely affected by the proposed use and its location, for the above reasons, and because a favorite watering hole will be permitted to be reinstituted in accordance with applicable codes at such time as the plans are developed. D. The restaurant use will be in harmony with and promote the general purposes and intent of this chapter, in that it is hard to imagine what use would be a better compliment to promoting waterfront property usage than to use the Galley Ho as a restaurant. E. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance,because it will provide additional amenities for the public access to the site, maintain the historic nature of the building while allowing it to be improved to better infrastructure, and provide a viable financial plan for the property. F. All proposed structures, equipment and material shall be readily accessible for fire and police protection because future site plan review will insure same. G. The site plan review will insure compliance with the requirements of Chapter 236 Stormwater Management. The proposed restaurant use is appropriate to the granting of a special exception because: A. The existing restaurant and business uses in the district will be benefited by the parking that will be available and because the area will be an attractive destination. This particular location is peculiarly suited to the proposed uses because of the waterfront location, scenic vistas, historic patterns, and the importance of fostering community-compatible waterfront uses in this MII District(including local uses such as boating,views of the water,permanent and transient dockage, sailboat races, waterfront amenities, and other activities in the area). B. The use will conserve property values and encourage the most appropriate uses of the land: waterfront access and water-dependent activities. C. The proposed parking areas and improvements to those parking areas will reduce another historic problem in New Suffolk, that of insufficient parking and associated traffic congestion on the public streets. D. Required improvements to the sanitary system, flood plain compliance, and site drainage, will vastly improve the treatment of sanitary waste, and water supply will be public. This will also benefit the adjacent wetlands areas and improve the Peconic Bay ecosystem. E. The proposed use will not give off obnoxious gases, odors, smoke or soot. Much more noxious uses are allowed in MII but will not be developed by virtue of this plan going forward. 2 F. The use will not cause disturbing emissions of electrical discharges, dust, light,vibratidfCRVE® noise. As this project will be part of a community effort, all aspects of restaurant operate 207�1 which might otherwise prove an annoyance to neighbors may be controlled. 'O'"D OFAPPpALS G. Parking and recreational facilities for the public will be greatly enhanced. Accessory uses to the marina will include the park area, submarine memorial, transient dockage, small boat storage and launching (e.g., canoes, kayaks,paddleboards), viewing areas to enjoy the waterfront, and related recreational activities. Many local residents walk or ride bikes to the property, lessening traffic impact. H. Off street parking areas and materials will be adequately addressed in the site plan phase. I. The structures will be improved in the next phase of the project to be safe and designed with avoidance of emergency situations. J. The proposed use will have better parking facilities and amenities than this use has provided in the past. As a community project,the plans are made with the importance of protecting the community from adverse effects in mind. K. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. The marina is small in scale and its expansion is limited by the physical area of the bulkheading and revetment. The restaurant will accommodate far fewer seats than the previous establishment. Since the property was acquired by NSWF two years ago, the events it has conducted on the site have not created problems and have been well received by the community. L. The use is not near to a church,theater, or other place of public assembly. The New Suffolk school is several blocks away, but will not be adversely affected. M. The proposed small restaurant use is particularly suitable to the site because it provides access by land and water; it is a natural gathering place for enjoying the waterfront and waterfront activities, and also as an access point for boaters and those in cars to visit New Suffolk and its businesses. N. The proposed park area will protect adjacent properties and land uses from possible detrimental impacts of the proposed use. O. The collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste will be vastly improved over the existing, and will be fully addressed in the site plan/construction phase. P. The proposed restaurant may be continued without undue disturbance or disruption of the viewshed, and with better systems to protect groundwater and surface waters on and off the site. In summary, the essential question in a special exception application is whether this property is appropriate for use as a restaurant in this MII district. The real question is, what use could possibly be better suited to this location? 3 617.20 Appendix C State Environmental Quality Review FEB ® # �. SHORT ENVIRONMENTAL. ASSESSMENT FORD1 � 201,E For UNLISTED ACTIONS Only 0 0P4P Pe4jS =1 PART 1 -PROJECT INFORMATION To be completed by Applicant or Project Sponsor 1. APPLICANT/SPONSOR 2. RROJECTNAME: Special Exception Re: a New Suffolk Waterfront Fund, Inc. Re-Subdivision/New Suffolk Waterfront 3. PROJECT LOCATION: .vl Municipality New Suffolk, Town of Southold County Suffolk «, 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) ? 650 First Street, New Suffolk, NY 11956 at the southerly terminus of Main Street, New Suffolk, NY 5. PROPOSED ACTION IS: ® New Expansion 0 Modification/aiteration Special".Exception, Restaurant 6, DESCRIBE PROJECT BRIEFLY: To reinstate prior restaurant usage. 7. AMOUNT OF LAND AFFECTED: Initially 3,428 acres Ultimately 3.428 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ®Yes D No If No,describe briefly 1' 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 Residential n industrial Q Commercial AgricultureEl Park/Forest/Open Space © Other Marine Describe:Mixed hamlet business center, residential, waterfront, marine-related businesses. �'. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? s O Yes No If Yes,list agency(s)name and pemiittapprovals: In order to proceed to constructio ZBA possible variance for setback; Planning Board - site plan approval; DEC - buildings, site improvements; SC Dept. of Health Services - water supply sys em & septic. system approval; Southold Town Trustees - possibly some site improvements;* 14. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? *Southold Town Building )ept. " ® Yes No If Yes,list agency(s)name and permit/approvals: Building ermit C.O. for existing building (restaurant expired) - C.O. #'s:Z1593, Z-23601;. Z=20542; Z=2733.1& SC :Dept. of-Health Services'-for water supply & sanitary system (Ref#R10-08-0073) - Z-33240 is 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? XQYes No SC Health Dept. �i LCERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorna . ew Suffolk terfr nt Fund, Inc. Date: 1/30/13 Signature: 3 � If the ction is in the Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 8 OVER t; l :f !A I PART II- IMPACT ASSESSMENT To be completed by Lead Agency) 6 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. 4, Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. =j; ❑Yes El No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) `. Cl; Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, ` potential for erosion,drainage or flooding problems? Explain briefly: '3 ,curr 'I C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: r C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: `3 C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: _ C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: 1i. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? El Yes No If Yes,explain briefly: 1 E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: i I PART III DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed.in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and.(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration. '! Check this box if you havedetermined,based on the information and analysis above and anysupporting documentation,thatthe proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date f Print or Type Name of.Responsible Officer in Lead Agency Title of Responsible Officer i Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Me f1�. .. 1 f ........... ..._. .. ....... ....... ..._......._... ....... .,....,........ ...._...... .. ..... .. ' :I NEW SUFFOLK WATERFRONT FUND / creating the future of our waterfront RECEIVED 12/24/2012 DEC 2 4 2012 OOARD OF APPEALS To The Zoning Board Re:Application 6617 Enclosed please find 9 sets of first and second floor existing and schematic plans for the Galley Ho. The building was documented before the storm,but our schematic plans have just been re-developed recently, due to changing conditions post Sandy. However, because of our extensive community outreach and design development before the storm, our Board is confident that this is the direction we would like to pursue. The design has not been finalized however, and is subject to modification,and the current application before you is not for approval of this design. Thank you. Barbara Schnitzler Chair, New Suffolk Waterfront Fund CC: Gail Wickham PO Box 146, New Suffolk, NY 11956 ❖ www.newsuffolkwaterfront.org ,. i.. .............. i�' of 3�i gn '2 .3 a : . o o EXISTING 1ST, FLOOR PLAN SCALE:i/s°=r (07'�• g`7 /�� 6�� �✓'�G�', �1/z� !.��/GLU� � .�jrY�l207" ��>'� �- e ! �.. ............... T O 0 O 1_XISTING 1ST.s FL00R PLANT w.E:i/e��=r ��7�. 87 �- ....................... .......................................................................... ....................................... .. i......................................... 1 ............................................................................... ......... .................................. i SLOLS i-------------------------------------------------- I 2ND.FLOOR PLAN SCALE:3/4"=L' C� a A +4 �--- Pbs�'-yAn-►Dk' G�It'wEY Woo 7 l L-_ U C �- Y TY iv �C�J Aw H iN 6x ovM poC',Tt Few i' ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11 -20-12 ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP NEW SUFFOLK 6617 WATERFRONT FUND, 1886 $1200.00 RECEIVED INC. NOV 2 0 2012 Southold Town Clerk TOTAL $1200.00 Sent via Inter-Office to Town Clerk by: ES Thank you. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RE"EIPT * * * Date: 11/20/12 Receipt#: 143405 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6617 $1,200.00 Check#: 6617 Total Paid: $1,200.00 Name: New, Suffolk Waterfront Fund Inc P0 Box 146 New Suffolk, NY 11956 Clerk ID: CAROLH Internal ID:6617 o��g�FfO(,�co ELIZABETH A.NEVILLE,MMC h� Gy Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 H 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER O! �aO� Telephone(631)765-1800 RECORDS OF MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 21,2012 RE: Zoning Appeal No. 6617 Transmitted herewith is Zoning Appeals No. 6617 of Abigail A. Wickham for New Suffolk Waterfront Funds-the Application for Special Exception to the Southold Town Zoning Board of Appeals. j { qi i LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 �- MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 1. TELEFAX NO.631-298-8565 January 30, 2013 FEB 04 2013 Zoning Board of Appeals Main Road BOARD®F APPEALS Southold,NY 11971 Re: Appeal No. 6617 New Suffolk Waterfront Project New Suffolk,NY 11956 Owners: New Suffolk Waterfront Fund, Inc. (NSWF) 650 First Street, SCTM# 1000-117-08-18 Robins Island Holdings, LLC (RIH) 380 First Street SCTM#'1000-117-08-19 Ladies/Gentlemen: I have enclosed the original and eight copies of the revised Short Environmental Assessment in connection with above matter dated January 30, 2013. Please replace this form with the one previously delivered to you on January 23, 2013. Very truly yours, Abigail A. Wickham AAW/dm �! end $; Re/ns/approvalslUmbaeaf ;i I } rA :a i� :j x'+rE A. ' r LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. M` 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND t s ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) °a ` ABIGAIL A.WICKHAM 1 JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 February 4, 2013 Zoning Board of Appeals ' Main Road ' Southold,NY 11971 Re: Appeal No. 6617 �® h New Suffolk Waterfront Project New Suffolk,NY 11956t Owners: New Suffolk Waterfront Fund, Inc. (NSWF) 650 First Street, SCTM# 1000-117-08-18 . Robins Island Holdings, LLC (RIH) 380 First Street SCTM# 1000-117-08-19 Ladies/Gentlemen: r 1 : Enclosed are eight prints of a map stamped by Joseph Fischetti, P.E. showing existing buildings and sanitary,proposed parking, computations and bulkhead setbacks. I The parking provided on site for 15 marina slips and 66 seat restaurant with accessory office ® � r satisfies the requirements of the Town Code. This is more parking than was available previously '+ to the on-site 24 slip marina and 95 seat restaurant. Additional parking may be available along First Street, subject to Planning Board site plan a review. ' The project has enjoyed broad community support based on many public meetings to keep local residents aware of the plans. The gentleman who opposed the application has issues which Z. stem from his proximity to the public beach and launching ramp. He will be rewarded with a huge `Y nature preserve directly in front of his property, rather than the intense development that an MII r` zone would allow. i Very tru y yours, j t 0 I x 3F j Abigail A. Wickham t AAW/dm �, t encLRe/ns/approvals/ltrzba2-4 V, cc: Southold Town Planning Board Attn: Alyxandra Sabatino New Suffolk Water Front Fund People in favor (by letter or email) Lauren Grant,New Suffolk resident (comments made at the Public hearing) Stephan Roussan,New Suffolk Resident (comments made at Public hearing) Joe McKay, former Pres. NS Civic Assoc., Board Member NSWF,New Suffolk resident 2 letters James Grathwohl, Chair, Landmark Preservation Town of Southold Catherine Caldwell, Baiting Hollow Joe &Ellie Polashock,New Suffolk residents Patricia Lowry,New Suffolk Resident(NSWF Board member) Barbara Butterworth NSWF Board Mem. Property owner Laurie & Paul Auriemma,New Suffolk residents Lucille Field Goodman,New Suffolk resident Patsy Rogers,New Suffolk resident(former Board member NSWF) Joni Friedman,New Suffolk resident Jim Given,New Suffolk resident Paul Cacioppo,New Suffolk Civic Assoc. Paul Maffei,New Suffolk resident Maria Romano,New Suffolk resident Elaine Romagnoli,New Suffolk resident Steven Figari,New Suffolk resident Shannon Simon,New Suffolk resident People against(by letter or email) Diane Harkoff,New Suffolk business owner(comments made at Public hearing) Woman at Public hearing, submitted letter (no signature) and pictures, stated she was a New Suffolk resident New Suffolk resident(name with held by request) Daniel Petrie,New Suffolk resident People with concerns (by letter or email) Thomas Skally,New Suffolk resident(comments made at Public hearing) Susan Dingle,New Suffolk resident (comments made at Public hearing) George Maul,New Suffolk resident Comments made at Public hearing)two letters one with a picture, supports Land division not the Special Exception Julie Saul,New Suffolk resident (for the land division and restaurant, concerns on development) Ellen& Gil Goldstein,New Suffolk residents, concerns re: parking Parcel History Board member Schneider inquired as to the history of adjoining parcel 1000-117-8-22, noted as Town of Southold under water lands. This property was originally owned by the Navy and was the site of the first ever submarine built in the US. Galley Ho, owner purchased the property and built the docks. The docks are attached to the land and belong to the land owner. The town owns the land under the water and it is not on the tax roles W since there is no value unless it was being used for aquaculture. (per Bob Scott) The dock owner pays a one time fee per sq. ft. of dock to the town. Similar to a building permit. Peconic Land Trust obtained the property after several other owners, with large scale plans for the land that did not pan out. Presently the property is with the New Suffolk Water front fund. There are two Town trustee permits on this property to rebuild the bulkhead and docks. One#TR7292 which was before hurricane Sandy and the second#TR7950 after Hurricane Sandy are very informative. I can try to email them to you, however, you can access the entire file online through the Town's website under Weblink. 2/6/13 People in support (received via e-mail) Patricia McIntyre,New Suffolk resident, former president NS Civic Assoc. Lauren Krug, past president NS Civic Assoc., board member NSWF Bb (bbesttkgaol.com) Cutchogue resident Ruth E. Zeller, Cutchogue resident Gary Osborne,New Suffolk resident Thomas Skally,New Suffolk resident(he was at the hearing and voiced concerns, now in total support via email) Jeremy and Jean Goell,New Suffolk residents Catherine Caldwell, Calverton resident Rose Ann Burns,New Suffolk resident *Letters received after the Public Hearing People against George Maul. New Suffolk resident Roberta Cropsey,New Suffolk resident Victoria Germaise,New Suffolk resident Arlene and Frank Castellano,New Suffolk residents People in Favor Thomas Wickham, Cutchogue resident /�\\ LAW OFFICES ,J WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 626( TELEFAX NO.631-298-8565 RECEIVE® February 14,2013 Zoning Board of Appeals FEB 14 2013 Main Road Southold,NY 11971 BOAR®OF APPEALS Re: Appeal No. 6617: New Suffolk Waterfront Project New Suffolk,NY 11956 Ladies/Gentlemen: All concerns mentioned in the letter from Legends and subsequent letters to you were addressed at the hearing. The specifics of engineering, elevation,FEMA and parking will be refined in the site plan phase. The concerns regarding the sanitary system will be addressed by the Suffolk County Health Dept. Storm Water and DEC/Trustees regulations will also apply to mitigate concerns. We note that none of the comments are based on any engineering opinions, but rather lay opinion with no factual basis. What the criticisms overlook is that the eventual construction will raise elevations of the main building and the sanitary system in order to thwart the adverse effects of storm tides. The provision of a parking facility on site, which fully accounts for the proposed usage on the site, will greatly improve the parking issues in New Suffolk. Most importantly, a very large area will be preserved as park and public access, with another acre adjoining left in a natural state. The sanitary system will not be above grade as stated in the Legends letter. Further, it is somewhat presumptuous to suggest that the parking to be provided on site should be for the benefit of their property, other private businesses and other nearby public uses. The comments further overlook the obvious fact that it is not financially feasible to sterilize the property with only open space and park uses. The costs of acquisition, operation, improvement, permitting and construction require viable business uses. The suggestion that a$20,000 annual marina income, a hot dog truck, or T-shirt sales would make a dent in those numbers illustrates the naivety and unrealistic expectations which underlay the criticisms of the project. A beach front cafe of the proposed size is not something which will offset the draw of an institution like Legends, a full scale bar/restaurant. The economic viability concerns are those of the owner, not the Town in regulating permissive uses under the Code. The ability to have a restaurant usage will greatly enhance the use of the property for its intended purposes. While compliance of the project with NSWF's mission statement is also beyond the Town's jurisdiction,we think it important to point out that the plan is entirely consistent with that mission statement. Ver, tru ors, Abigail A. Wickham AAW/dm end Re/ns/approvalslUmba2-14 To The Southold Town ZBA February 14, 2013 Appeal No. 6617 Re New Suffolk Special Exception Hearing In George Maul's letter of February 12, paragraph one,he refers to Peconic Land Trust'concensus'meetings held in 2008. Those meetings were actually held by the New Suffolk Waterfront Fund with the assistance of the PLT,which was hired as our consultant in the property acquisition. Mr Maul intentionally misleads one to believe that the attached handout represents ranking done by the community,when in fact it is randomly listed options for site usage which we provided to the community for its consideration. His assertion that restaurant use was ranked#10 is erroneous. Mr Maul refers to the 'short circuiting' of the process to put covenants and restrictions in place, again erroneously. The entire southern acre of the property will be protected by an easement held by the PLT, and a large portion of the northern parcel, shown on your site map,will be protected by an easement held by NYS Dept of Parks. I refrain from addressing the angry and malicious parts of the letter and the personal public attacks because they have no place in a reasoned discussion of application of the zoning code. Barbara Schnitzler, Chair, New Suffolk Waterfront Fund THOMAS WICKHAM Agricultural Engineer RECEIVED UI42013 Southold Town Board of Zoning Appeals BOARD OF APPEALS PO Box 1179 Southold, NY 11971 Febr 13 2013 Re. Application No 6617 for Special Exception Use, NSWF I am currently a landowner in New Suffolk and Secretary to the Board of the New Suffolk Waterfront Fund. I would like in this note to point out to the Board of Appeals that the restaurant use we are applying for is not a new use for this site. We are applying to reinstate an established use on the property that lapsed due to the lengthy time it has taken us to acquire the property. Our application requests just 66 seats rather than the 95 previously authorized, and we plan on a relatively light food-service cafe rather than a full-service restaurant. If approved, this use would be of considerably lower intensity of use than the previous restaurant. Thank you for entering this in the record. Thomas Wickham P.O. Box 928 • Cutchogue • New York 11935 (516) 734- 5454 i DIANE&DENNIS HARKOFF February 6,2013 Ms. Leslie Weissman,Chair Southold Town Zoning Board of Appeals Southold Town Southold, NY 11971 RE: New Suffolk Waterfront Fund(NSWF) Dear Ms.Weissman: We have grave concerns with the New Suffolk Waterfront Fund (NSWF)installing a restaurant along the waterfront at the old Galley Ho location.As the owners of Legends,we understand all too well the fragile ecosystem near the bay. In the past,we did support a restaurant in the Galley Ho location, but storms like Irene and Sandy in recent years have caused us to change our view.We have suffered physical,financial and emotional damage caused by Mother Nature. In light of recent storms like Sandy, we feel changing the ecosystem by methods such as installation of above ground septic systems,grading and additional parking need to be thoroughly considered before any plans are advanced. We want everyone to think about this with their eyes wide open,and think long and hard. Among the issues we feel need to be addressed are: • Septic system and grading: - A bit of history: In the 1990s, Henry Raynor(and possibly a partner)owned what is now the New Suffolk Waterfront Fund Front property.The property often flooded(creating what was known locally as 'Lake Zito')and the owners did some minor grading to alleviate this issue. Unfortunately,the grading didn't eliminate the lake; it merely moved it north to the parking area across from Legends.This lot became known as'Lake Legends' and was subject to flooding even in minor rainstorms. Parking was extremely limited in inclement weather; often our guests would have to wade out of the restaurant to move their cars out of the parking area and move them to higher ground as Lake Legends filled. - We understand an above-ground septic system is proposed for the new restaurant.After Sandy hit,according to news reports,opening up similar systems in other low-lying areas on Long Island and allowing waste to flow into the Sound,the Ocean and assorted bays and inlets,we feel allowing an above-ground septic system is inviting this risk in a way that is unacceptable for the environment.The fact that the dimensions and cost of such a system are unknown at this time makes its installation an even larger threat to Peconic Bay.The system's dimensions must be established and scrutinized as to environmental impact before proceeding. P.O. Box 321 . 835 First Street . New Suffolk, NY 11956 Ph: 631-734-5123 Fx: 631-734-2642 www.northfork.com/legends First Street is New Suffolk's Main Street equivalent,with a few businesses,a post office and homes.An increased threat of flooding makes life more difficult for residents who are often trapped on their own property during weather events. Will a bulkhead be built?This also concerns us;Could it force water to rise even higher and sneak around Captain Marty's and cause even worse flooding on First Street? Sandy's effect was particularly dramatic, but as anyone who's seen the front of Legends getting sandbagged before moderate storms can attest,flooding is always a risk here; if you can't secure all openings to the sea,could raising the bulkhead could make it even worse? We feel that an engineering project of this size,especially in light of current environmental conditions,should be soundly vetted by experts.The U.S.Army Corps of Engineers has been called in for similar projects;we'd like to see them (or someone they recommend) as consultants on the proposals for the New Suffolk Waterfront and possibly assist in damage mitigation before another big storm hits. Other municipalities have made such arrangements to protect their environmentally at-risk areas from severe damage and New Suffolk would benefit from their expertise as well. • Parking: New Suffolk parking is already limited by the size of the area. Between a restaurant,a shop,a beach,a 24-slip marina,a fishing station and a park, parking for day visitors,guests of residents and cars and trucks bringing boats to launch is already extremely limited.Several years ago, New Suffolk asked Southold town to restrict parking in the area (limits on parking for boats with trailers;time-limited parking in front of the post office; parking prohibited on Jackson Street); while these restrictions did help residents,they also push parking toward the waterfront and restrict parking for Legends'guests.We are concerned that adding another business without sufficient additional parking will make this situation even worse. In the summer,cars are parked along local roads in front of homes and partially on lawns.Another business would be a detriment to those who live here. - Southold Town code needs to be followed in its requirements for parking for a new restaurant.A 118-seat restaurant,or a 55 seat restaurant,would require substantial new parking for customers and employees to avoid making on-street parking even more unbearable. - The current parking lot(parallel to Capt Marty's and marked "New Suffolk Waterfront Fund PARKING LOT ONLY")was established in the fall of 2012.We are concerned as to the availability of this lot for local visitors and want to ensure that this is not going to be turned into a de facto private lot for restaurant guests or counted toward the required parking for a new restaurant.This parking lot should be available for visitors to the entire area and not merely used to meet the code requirements of a new business. • Financial considerations: We understand that a restaurant on NSWF property may help pay for some upkeep of the property,yet how much?A restaurant is not a panacea for all that ails you;on the contrary, it can be a huge financial drain. Expected revenues and NSWF expenses, especially since the NSWF will not be directly running the business,do not seem to have been thoroughly analyzed.The lack of transparency has us concerned as well. - What is the cost of moving or rebuilding the old Galley Ho building(including hiring architects and engineers), installing code-compliant sprinklers and building a septic system? Such costs are substantial and may not be feasible when compared to potential revenue flow. - - What is the expected leasing fee for the building?Would this fee be tenable for a potential leaseholder?NSWF may spend money on rebuilding and making the space ready for business, but the cost of a lease, utilities,flood insurance and other expenses might make potential lessees balk. - What will be the restaurant's tax status insofar as NSWF's 501(c) (3)status?With a commercial business not directly related to the 501 (c) (3)status,remove the property tax exemption? I would think so. This status does allow for operation of money-making ventures on the property, but the venture must relate to the property's purpose, like a museum's gift shop relates to the museum, in a way that doesn't jeopardize the not-for- profit status. - Are contingencies in place for damages incurred in the next Sandy?We are concerned that the NSWF could turn into a de facto guarantor of uninsured expenses for a business on its property, removing the incentive for those who contribute to the Fund who do so in the hopes of helping the NSWF maintain an open space for all.Solicitation of additional donations could be hampered if a large portion of the money goes toward recycling funds into repairing buildings, landscaping that constantly needs replacing due to salt-water flooding,toward the purchase of flood insurance every year and covering expenses not covered under flood insurance. • Environmental ethics: In Governor Cuomo's State of the State address, he said, "Climate change is inarguable, because 100-year floods are arriving every few years. ... There are parcels that Mother Nature owns.She may only visit once every few years, but she owns the parcel and when she visits,she visits (italics ours)."Those of us who live or own businesses in New Suffolk know this firsthand.The attached photos show the area even before Sandy's peak. Legends borrowed 2%-3-foot-high concrete barriers to prevent flooding and still sustained more than$300,000 worth of damage to the building and equipment(with our insurance claim still unpaid);this number excludes our loss of business! Cuomo also stated, "New structures and major renovations should meet stricter 'survivability'standards(italics ours)."We are concerned that we will all pay a high environmental price for a new structure so close to the water here.We don't need a boondoggle of an endless cycle of damage,closure while waiting for government or insurance money to arrive,damage repair and loss of income after the next storm. It's a price we all end up paying,whether it's due to diversion of scarce government funding, increased insurance rates,or donations to victims. We should all be working together to mitigate future damages in a flood zone.To us,that is far more important than building new things.Additional building is a.risk to all of us who currently live and work in New Suffolk; let's try to better protect those properties that are already extremely threatened in storms.We have already implicitly agreed to take on some risk as the cost of having the beauty of the area around us, but we need to make sure any future development does not bring additional risk to this fragile beauty. There are a number of alternate projects that would have lower costs,cause fewer parking issues and have a lighter environmental impact; some would also provide valuable services to waterfront visitors both by land and boat. For example, a T-shirt and snack shop, like near Claudio's,could sell bags of ice and drinks for boaters,snacks for beachgoers and souvenirs for visitors.A pavilion that allows water to flow under pilings could support a lunch truck.As we always say, if New Suffolk could investigate the feasibility of taxing New Suffolk residents and businesses$500—1000 per property, maybe in the long run that is a simpler and more environmentally proactive solution. Surely we can meet community needs without rushing into a huge project with untested impact. Maya Angelou said, "The wise woman thinks twice and speaks once;" we should strongly consider those words before beginning any new projects here in New Suffolk. Sincerely, Diane Harkoff Attach: Storm Sandy in New Suffolk get-attachme&aspx(JPEG Image,960 x 7201 ) http://mail.aol.com/?'7"Qg-I I I/aol-6/en-us/mail/get-attachment.aspx?... t 1 of 1 2/7/2013 8:32 AM get-attaohment.aspx(JPEG Image,960 x 720 >) http://mail.aol.com/"'Z49-1I I/aol-6/en-us/mail/get-attachment.aspx?... ,p 1 of 1 2/7/2013 8:30 AM � L0 4 George Maul RECEIVED P.O.Box 635 New Suffolk,NY 11956 FEB I t 2013 Feb.12,2013 BOARD OF APPEALS Dear Leslie Weisman and Southold Zoning Board of Appeals, With regard to application#6617 by the New Suffolk Waterfront Fund: Back in 2008,when the Peconic Land Trust held "consensus" meetings at the New Suffolk schoolhouse, the majority of the village voted in favor of open space (attached handout from PTL). Not open space with a bar/restaurant.Restaurant was#10 on a list of preferred visions for the site.The PTL.assured the people of New Suffolk that covenants and restrictions would be put in place to assure that no intensification or development would occur.What happened to that? The process has been short circuited. How does an intensified use of this piece as a restaurant preserve open space? I appreciate Mr.Dinizio's remark that he changed his position regarding Mitchell Park in Greenport and now enjoys events there. I have thought long and hard about how I might appreciate some form of business at this location. Unfortunately,The NSWF has shown itself,over and over again,to be a poor neighbor. I would prefer large boat storage buildings across the street from my house that were run by an honest and competent business concern to this evershifting band of characters who have their own private hidden agenda cloaked in the guise of"what New Suffolk wants". It is a very dangerous,divisive situation from a community point of view and the zoning board has fallen for it. I was very upset at the last meeting that the zoning board painted a picture of 25 to 2 for the proposal. It is not a true representation of New Suffolk.Yes,everybody has to stand up and be counted and that's how democracy works.But many people are so fed up with the NSWF that they don't want to get themselves upset thinking about it anymore. Doesn't the Zoning Board have a responsibility to protect the common people of New Suffolk who are not politically active and just prefer to go to work every day instead of showing up at your multiple weekday meetings?Also,many of the letters were from people who don't live in New Suffolk.I'm sure I could get my friends and relatives in California to send letters against the proposal. It appears that the Zoning board would consider that relevant. Thank you for your consideration. Sincere' George aul Cc:Tim Caufield, PLT PECONIC LAND TRUST 04, New Suffolk Waterfront Project Partner Identification Process Drafted April 2008 Open space • This term means land in its natural state,or,in the case of the New Suffolk Waterfront,restored to a near natural state through clean-up and remediation efforts and/or the re-introduction of native landscaping. • This use may include the introduction of passive recreation facilities such as: nature trails,walking paths,interpretive signs,picnic tables and benches. • These facilities could be used for walking, photography,bird-watching, Wednesday-night race viewing,picnics,etc. , • This type of land use can be in public,private or non-profit ownership,and can be made accessible to all town residents or limited to New Suffolk residents and their guests,only. Park • As with Open Space,this term describes land restored to a near natural state through clean-up and remediation efforts and/or the re-introduction of native landscaping. • Unlike Open Space,this use may include active recreation facilities,the latter of which might include restrooms,a playground,and other support facilities,such as a small boat storage rack suitable for seasonal storage of kayaks,rowing sculls, wind-surfers,dinghies,and small one and two-man sailing craft. • These facilities would accommodate a wider range of recreational activities than would be permitted in a passive open space area. • This type of land use can be in public ownership, and accessible to all town residents,or in non-profit,quasi-public or private ownership,and accessible only to New Suffolk residents and their guests. 1 PECONIC LAND TRUST % Post office • The original post office on this site burned down in 1993. The existing post office is leasing space across the road,between Main and Jackson, on First Street. This lease will expire in 2013. • If the post office is closed,the 11956 zip code will be lost and all box delivery will be shifted to the Cutchogue Post Office on Griffing Street. • Re-introduction of this use on the site would require obtaining Town permission to re-instate the use and construction of a new building that meets federal standards and includes an employee restroom, • The structure most likely would be leased to(not owned)the U.S.Postal Service. Coffee shop/Newspaper stand • This term means a very small,privately-operated business providing newspapers and take-out food,such as coffee,milk,snacks and baked goods prepared elsewhere. It would be similar to the business that existed in the combined post-office/general store which burned down in 1993. • The space for this business could be leased to the entrepreneur by a private,public or non-profit owner. Community center • This use describes all or part of the site and/or a building for community events, such as New Suffolk Civic Association meetings,pot-luck dinners,fund-raisers and related events. • If the restaurant use is terminated,or reduced in size,the community center could be housed in the restaurant building. • Non-commercial kitchen facilities could be included (along with renovated bathrooms)in order to facilitate community use. 2 PECONIC LAND TRUST Club house • This use consists of a building owned and operated by a private,non-profit membership club,for the benefit of its members. • A dub house may be used for club events such as meetings,recreation,social affairs with food and drink,fund-raisers,etc. • If the restaurant use is terminated, that building could be renovated into a club house. • Non-commercial kitchen facilities could be added(along with renovated lighting,bathrooms,heating,air-conditioning)in order to facilitate the club house use. Youth sailing center • This use would consist of a seasonal,day sailing school for young people. • The use most likely would require the placement(or construction)of a small clubhouse to house the office,sails and other boating equipment,two restrooms, and an instruction room. • Outdoor storage of small sailboats(under 21 feet in length),on hand-trailers or stationery racks will be necessary. • This use could be run by a private membership sailing club,such as the Old Cove Yacht Club or other similar organization. • As with the other uses,all or part of the site could be sold and/or leased to the managing organization. Historical museum/Submarine memorial • The Holland Sub-Marine memorial and flagpole could be enlarged and/or relocated to another spot on the site. • The existing storage barn in the center of the site,between the restaurant building and First Street,could be renovated into a museum. • The storage barn could be used in place or moved to another spot on the site. 3 PECONIC LAND TRUST M • Fairly extensive renovation of the storage barn might be necessary in order to protect historical artifacts and displays. • Funding to renovate the barn and manage the museum could be raised from . sources interested in historic preservation. Pier • This term refers to a boardwalk-type of pier which would extend seaward from the end of Main Street(where the concrete road ends)out to a point approximately parallel to the entrance to the existing boat basin/marina. (See aerial map for approximate location.) • The pier would be accessible only to pedestrians,and could be either a simple wooden boardwalk or a larger,more spacious promenade. • The larger the pier,the more people and uses it would be able to accommodate. For instance,depending on its design,size and construction,a pier could be used for strolling,benches,a binocular stand for watching the Wednesday night sailing races,and even fishing, • Construction of a pier would require removing some or all of the existing jetty just south of the marina basin, • The expense of construction,ongoing maintenance and insurance liability is likely to be significant. • The pier could be financed with private funds or with public funds(e,g.town or state money). If public money is used,broader public access will be required. Restaurant • This term includes a range of restaurant uses from formal sit-down restaurant to a more casual snack bar or take-out type restaurant with a limited menu. • Continuing this use will require renovation of the two restrooms,re-construction of the commercial kitchen(including purchase/installation of equipment/appliances), as well as a new septic system. • The intensity of this use cannot exceed the current waste-water permit for a total of 98 seats,of which 40 are outside the building. 4 PECONIC LAND TRUST • If the restaurant use is restored to its permitted intensity,98 seats,no other new uses may be added-to the-site. This means the site could contain only the marina and the restaurant. • Introducing any other potential uses(other than open space)will require reducing the number of seats in the restaurant in order to stay within permitted septic capacity. • This type of business could be in public or non-profit ownership and could be leased to a private operator. In addition,it could be accessible to the public or limited to club members and their guests. • The restaurant is considered a pre-existing,non-conforming use by the Town. Therefore,once the use is terminated,it may not be possible to re-instate it. Marina/Boat basin • This use consists of the land north of the stone jetty,and consists of docking, bulk-heading and boardwalks surrounding the boat basin. • The basin can safely harbor between 19 and 22 boats,depending.on size. (Expansion of the basin is not under consideration due to regulatory restrictions, environmental issues and the financial costs.) • Continuation of this use will require repairs to the existing infrastructure. • The boat basin would benefit from the addition of electrical and water service to the docks,as well as security and safety lighting. • The travel lift is being removed. It will not be replaced due to the high reconstruction,operation,and maintenance costs associated with keeping it, • Depending on insurance,financial issues and other community considerations, the boat basin use mieht include limited upland storage of boats. • A boat basin can be in public,private or quasi-public ownership and could be leased to an operating agent. 5 PECONIC LAND TRUST • Access to the boat slips also could be limited to New Suffolk residents,and/or club members,could be made accessible to Town residents or could consist of a combination of these. For more information,contact Stephen Searle,Peconic Land Trust,at 631.283.3195 or email ssearl@peconiclandtrust.org.Additional information can be found on our website, www.peconiclandtrust.org 6 Page 1 of 1 u Toth, Vicki From: Roberta Cropsey [robaker3@gmail.com] Sent: Tuesday, February 12, 2013 10:15 AM To: Toth, Vicki Subject: attached letter re: NSWF proposal Attachments: NSWF letter.docx Thank you for the helpful information, Vicki. I'm in NH wearing a neck brace and won't be back in New Suffolk until after the 14th. But I've writtten a letter attached based on information and concerns that I have. Sincerely, Roberta Cropsey RECEIVER FEB 1 3 2013 BOAR® OF APPEALS 2/13/2013 I r J February 11, 2013 Ms. Leslie Weissman, Chair RECEIVE® Southold Town zoning Board of Appeals Southold Town Offices Southold, NY 11971 FEB 13 2013 i BOAR® OF APPEALS Dear Ms.Weissman, I'm very concerned about the New Suffolk Waterfront Fund's current proposal to build a 55-seat restaurant at the site, and urge the Southold Town Board of Appeals to turn down the request for a zoning variance until thorough parking,flooding, and environmental impact studies have been completed and economic necessity has been demonstrated. At present, I'm not convinced of the wisdom or viability of this proposal. New Suffolk's population and commercial activity during the summer could certainly sustain a temporary, moveable structure like a snack van; but I do not think a permanent structure built in an area prone to severe flooding and storm damage - for a restaurant that potentially would be underutilized or perhaps even closed from October to May- would be in the best interests of this community, or even necessary. Buildings, above-ground septic systems, and parking lots increase runoff, and flooding is already a problem here without the potential for more storms like Sandy. In addition to increasing environmental risks,this proposal seems to run counter to the goals of the New Suffolk Waterfront Fund, a non-profit whose stated mission is to protect this waterfront area and guarantee public access for present and future generations. Hundreds of North Fork residents and tourists pledged support, raised money, or contributed to the cause of preventing unnecessary or obtrusive commercial development on this site,an environment enjoyed by many. It seems a betrayal of the public trust to build a restaurant here, especially when it seems that it has been possible to pay most or all of the holding costs by renting dock space during the summer. Perhaps a compromise could be reached by leasing parking space to a seasonal food service that would not require site alterations, result in lost public access, or disrupt the waterfront view. I believe temporary or maritime uses should be explored or expanded before a permanent commercial structure is built in a flood zone,which is also a valuable viewscape and recreation area. Respectfully, Roberta Cropsey 6695 New Suffolk Rd. New Suffolk, NY 11956 Victoria Germaise 345 Bunny Lane, PO 45 New Suffolk, NY 11956 February 12, 2013 �(0 I RECEIVED ' Ms. Leslie Kanes Weisman, Chairperson and FEB 1 3 2013 Zoning Board of Appeals Town of Southold BOARD OF APPEALS Southold, NY 11971 RE: New Suffolk Waterfront Fund (NSWF) application#6617 Dear Ms. Weisman and Southold Zoning Board of Appeals, Firstly, please know that I believe the intentions of the NSWF are honorable, and, in the spirit of community, I've contributed to some of their fundraising efforts. Four years ago, when I moved to New Suffolk, I attended several NSWF meetings.The questions/issues I raised then are the same questions I have today.At that time, I was shot down, chastised for being negative, and told that my questions had hampered their fundraising efforts. Their fundraising skills have proven effective.Their endgame plan, remains, at best, naive. The lack of financial transparency is also troublesome. - What are the annual carrying costs for the property, as-is?Tax, insurance, maintenance. - What is the lowest-impact means to meet those obligations? I was shocked and delighted to hear that, with minimal effort and less-than-ideal accommodations,the NSWF slip rental operation raised $20,000,this past summer.This activity seems like the obvious business route to pursue. Remediation of the marina would not only provide the most sensible business application for that spot, but may also serve to protect the property from weather impact. I am of the opinion that this hamlet of 330 residents does not need a second restaurant and/or liquor license. Both Barbara Schnitzler and Gail Wickham, in their statements, sought to minimize the impact of the proposed restaurant by calling it a "seasonal snack bar." If that is truly what they are aiming for, let's get the Hot Dog truck to park at the end of New Suffolk Avenue--- because it is foolhardy to spend the time, energy and money it will take to: - Haul the wreck that is the Galley Ho, back 75 feet(isn't that exactly where the other wreck,the barn, currently stands?), - Renovate the building to current code, build a septic system All this,to rent it to a third party,who will have every expectation and right to maximize his rent dollars by aggressively promoting and operating a business which he hopes will sustain and turn a profit.This is certainly at odds with statements made,that the NSWF, as landlords, would limit any tenant's hours of business and/or business activities to ensure our communal tranquility.These are likely mutually exclusive. NSWF MISSION STATEMENT • to preserve and protect New Suffolk's unique and historic waterfront in ways that respect the property's scenic beauty and maritime heritage; • to support recreational, educational, and commercial activities on the site that enhance community life and are environmentally sustainable for both the uplands and the bay; and • to assure public access opportunities now and for future generations. I fail to see how the NSWF's current course of activity falls within their stated mission.With the recent sale to Louis Bacon, half the property is no longer accessible to the public for sitting, strolling or picnics. Now,the remainder is in danger of being lost to a dubious business venture that is likely to endanger/aggravate the fragile landscape of existing, occupied structures on First Street.Where is "preservation" in this plan for a restaurant and a parking lot? Last but not least, Restaurant, is consistently#1 on Lists of New Businesses That Fail. I thank the Board for taking the time and care to review this very important matter, the outcome of which will forever impact one of the few magic little spots left in these parts. Sincerely, Victoria.A. Germaise RECEIVED FEB .13 2013 BOARD OF APPEALS Page 1 of-1 Toth, Vicki 1 RECEIVED From: Arlene Castellano [arlene.castellano@gmail.com] FEB 13 Sent: Tuesday, February 12, 2013 8:28 PM 201� To: Toth, Vicki BOARD OF APPEALS. Subject: New Suffolk Dear Ms Toth. We are writing this to voice our disapproval of the plan to construct/rebuild a new restaurant to replace the structure that previously housed "The Ho". When the group of people who organized to purchase this site started out, the purpose was to create open space for the community. Through various fund raising activities they have brought an enormous amount of cars, traffic, people and noise to this hamlet. We would like to know if a traffic/parking survey has been conducted by a professional organization. New Suffolk is a tiny hamlet and the amount of cars that a new restaurant or any commercial enterprise would generate must be studied, and put to a vote by the entire community. It seems serendipitous that this discussion is taking place in February when many residents are elsewhere. We would not like to see New Suffolk's beauty be destroyed or turned into a parking lot for a new restaurant. As it is, a part of the site has already been turned into a parking lot. Is this allowed by the town? How does this equate to open space for the community. The parking in New Suffolk has become a major problem, especially in the summer, when people park everywhere to avoid buying a permit or paying the fee to park at the beach. It seems that the plan to erect another restaurant is a scheme to secure funds without considering the effects it would have on the community. Thank you for your consideration of this letter. Sincerely, Arlene Castellano Frank Castellano 1275 First Street New Suffolk, New York 11956 631 734-4137 2/13/2013 Page 1 of 1 Toth, Vicki From: burnsr@suffolk.lib.ny.us Sent: Wednesday, February 06, 2013 12:03 PM �p - To: Toth, Vicki Subject: [POSSIBLE SPAM] - New Suffolk Waterfront Appeal FEB Attachments: zoning board ofappeals.doc Dear Ms. Toth, BOARD OF APPEALS Attached is a letter that I would appreciate your forwarding to Leslie Weisman before the meeting of the Zoning Board of Appeals hearing scheduled for Thursday, February 7, at 10:00 AM. It pertains to the New Suffolk Waterfront's appearance before the Board. Thank you for your assistance. Sincerely, Rose Ann Burns 2/6/2013 RECEIVED February 2, 2013 FEB 6 M13 BOARD OF APPEALS Ms. Leslie Weisman and Members of the Zoning Board of Appeals Dear Ms. Weisman and Members, I reside at 4370 New Suffolk Road,New Suffolk, and am writing to urge the Board to approve use of the Galley Ho as a cafe. The Galley Ho has been a long and vital part of the history of the waterfront and is an integral symbol of the local industry that existed in the hamlet. It has also been an important part of the social fabric of our community and to generations of visitors who have enjoyed the special beauty and tranquility of our waterfront. Without the ability to use it as a cafe, and thus generate revenue to maintain the property, it would be particularly difficult to preserve the area. The broader plans for rehabilitating the property and making it an attractive, environmentally sustainable landscape would also have to be reconsidered and perhaps abandoned. If so, it would be a great loss to the residents of the Town of Southold and to the countless visitors who would not be able to benefit from its use. Sincerely, Rose Ann Burns Page 1 of 1 Toth, Vicki From: Catherine Caldwell [cathy.caldwe]17@gmail.com] Sent: Tuesday, February 05, 2013 9:01 PM To: Toth, Vicki Subject: Re a Vote of YES, from a Calverton resident and a volunteer Re NSWF Importance: High February 5, 2013 Attn.: Ms. Toth, Rep. Zoning Board of Appeals, I would like to express my YES Vote to re-open the Galley Ho, on the Waterfront, as a caf6; which is such a nice idea. I support the Fund's plans. I regret I am unable to attend the meeting scheduled on February 7. Sincerely, Cctherine Catherine M. Caldwell RECEIVE® Calverton Resident Home Phone: (631)369-9761 FEB 6 2013 (Q BOARD OF APPEALS 2/6/2013 Page 1 of 2 Toth, Vicki From: Jean Goell Ugoell12@yahoo.com] Sent: Monday, February 04, 2013 2:50 PM To: Toth, Vicki Subject: New Suffolk Waterfront requests. RECEIVED FEB 5 2013 Jeremy and Jean Goell BOARD OF APPEALS P.O. Box 22 New Suffolk, NY 11956 February 4, 2013 Vicki Toth Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: New Suffolk Waterfront requests. Dear Ms. Toth: We regret that we are not able to attend the meetings being held at Town Hall regarding requests made by the New Suffolk Waterfront Fund. The first request is that the NSWF be allowed to create and undersized lot. The second request is that the NSWF be able to once again use the the other side of the property to house a restaurant. Since we cannot be there, we would like to reaffirm our approval for both requests and let you know that we appreciate the time and effort being made by the Zoning Board of Appeals in considering these The NSWF has worked very hard over the past few years to obtain the property, to fund the purchase and to try to accommodate the interests of the local residents. Creating an undersized lot with the intention of selling it to the Robin's Island properties was not necessarily our original vision when this grass roots effort began, but it is generally viewed as the best way for the NSWF to move forward and still protect the property from development. The Galley Ho restaurant, which graced the northern side of the lot, was part of the character of the town for many years. It would be wonderful if a restaurant of that size or smaller could return to that spot. It would provide jobs and it would generate the funds needed to maintain the 2/5/2013 Page 2 of 2 properties. We have made several donations to the Fund over the last several years. We have volunteered our time cleaning up the space. We have volunteered to sell raffle tickets on behalf of the Fund. Our eldest son gives away free lemonade every 4th of July and takes donations on behalf of the fund. He has raised more than $600 over the past 4 years!Although we still want to be part of the evolution of the land, going forward, would like the Fund to sustain itself and if these two requests are approved, it will go a long way toward enabling the Fund to do this. Thank you for your time and effort in considering these requests made on behalf of the New Suffolk Waterfront Fund. Kind regards, Jean and Jeremy Goell RECEIVE® FEB 5 2013 BOARD OF APPEALS 2/5/2013 Page 1 of 1 Toth, Vicki From: Tptm@aol.com Sent: Monday, February 04, 2013 2:45 PM To: Toth, Vicki Subject: Galley Ho and the New Suffolk Waterfront Please support this endeavor because it is a unique opportunity to keep the New Suffolk Waterfront as a beautiful destination without a real commercial look that would be the demise of it true character. Any problems could be resolved with everyone's interest because we all want an area where there is enjoyment of the outdoors, also a place to get a reasonably priced bite to eat without the Manhattan prices and proper attire for Legends in the summer while at the beach. Thomas Scally, New Suffolk NY /1 RECEIVED FEB 6 M-1i BOARD OF AP'PFALS 2/5/2013 Toth, Vicki From: Gary Osborne [osbornenyc@gmail.com] Sent: Monday, February 04, 2013 2:00 PM To: Toth, Vicki Subject: New Suffolk Resident on First Street Dear Ms. Toth, My family and I have been a resident on First Street in New Suffolk for almost a decade. We are in full support of the New Suffolk Waterfront Fund's plans to not only preserve- the property almost next door to us on Cutchogue Harbor, but also to build community through providing a small scale snack bar / restaurant. This is a wonderful idea that will bring the locals together and will also allow the NSWF to continue to thrive through establishing a business on the property. It will prove to be an asset to not only the community of New Suffolk, but is needed to continue to pay for improvements and the running of the Waterfront. We have been in full support of the NSWF's responsible & extensive planning and involvment of the community over the last several years and know that each decision and proposal laid forth is only a benefit to our unique community in New Suffolk. Kind regards, Gary Osborne 1200 First Street New Suffolk, NY 11956 RECEIVED FEB .5 130ARD OF APPEALS 1 Page 1 of'l Toth, Vicki From: rzeller2@optonline.net Sent: Monday, February 04, 2013 1:06 PM To: Toth, Vicki Subject: new suffolk waterfront"cafe" This is to request that you approve the application for the above. Such a locale would be a wonderful venue for people who live in New Suffolk and nearby (me) to get together informally and will not be detrimental to its neighbors. There has always been a restaurant there. I will attend the meeting on Thursday the7th. Leslie Weisman seems to do her job efficiently, but we are worried and hope that the decision will be in our favor. Sincerely, Ruth E. Zeller 225 Willow Street Cutchogue,NY 11935 631-734-7726 RECEIVED FEB 6 2M BOARD OF APPEALS 2/5/2013 Page 1 of 1 Toth, Vicki From: bbesttk@aol.com Sent: Monday, February 04, 2013 7:30 AM To: Toth, Vicki Subject: [SPAM] - New Suffolk Waterfront Galley Ho Dear Vicki As a resident of Cutchogue I encourage approval of the Galley Ho as a cafe to improve economic and social and aesthetic as well historical aspects of New Suffolk and surrounding communities. Thank you. regards., -��h RECEIVED FEB 4 2013 BOARD OF APPEALS 2/4/2013 T ` RECEIVED j Toth, Vicki From: Lauren Krug [Ikghomeoffice@optonline.net] Sent: Sunday, February 03, 2013 5:36 PM To: Toth, Vicki BOARD OF APPEALS Subject: Feb 7th ZBA Hearing on New Suffolk Waterfront, Inc. restaurant use To: Leslie Weismann, Chairman and Members of the Zoning Board of Appeals As a past president of the New Suffolk Civic Association and current member of the board of the New Suffolk Waterfront Fund, Inc. , I wanted to share with you some history regarding the New Suffolk Waterfront. I became president of the NSCA in 2002 at the same time the then owners of the waterfront property proposed a high end marina for the area. The NSCA immediately went into action to try and defeat this proposal through community meetings in which it was determined what the community at large felt would be the best use of the property. When the high end marina idea fell through it was followed by a proposal to use the waterfront property for high and dry boat storage. Again, the community at large protested and participated in successfully defeating this proposal. As part of these community meetings, it was determined that the best way to protect the waterfront from further development was for the New Suffolk Community at large to purchase it. At this same meeting, it was agreed that the Waterfront Committee become independent of the New Suffolk Civic Association and a proposal was submitted and a resolution passed by the by the Members of the New Suffolk Civic Assn. on behalf on the community creating the New Suffolk Waterfront Fund, which eventually became what it is today, the New Suffolk Waterfront Fund, Inc. a not-for-profit organization sanctioned with the. responsibility of not only raising the funds needed to purchase the property, but with the purpose of determining what would be the best way to utilize t it. Many community meetings later, it was determined to respect the wishes of not only the residents of New Suffolk, but neighboring communities as well, and keep the Galley Ho building as a restaurant, the existing barn as a storage facility and the red utility building as a possible museum, gallery and place to hold classes. The other biggest request from the community at large, other than continuing to use the Galley Ho as a restaurant, was to maintain as much of the rest of the property as open space. This brings us to where we are today. In the past year the NSWF, Inc. , aware of the importance of having as much space as possible for parking in an already congested area, built a parking lot consisting of 38-40 spaces on the northern most portion of the overall property. In addition, it has been determined that the segment of the property facing First Street could also be utilized for parking. My purpose in bringing up the parking issue is to demonstrate awareness and willingness on the part of the NSWF, Inc. to provide as much parking as possible so as to respect concerns of homeowners in the surrounding the waterfront area, and the rules and the regulations of the Town of Southold on issues pertaining to parking in tourist designation sites. During my six years as president of the NSCA, a great deal of my time and effort was spent working with Supervisor Russell and Highways Superintendent Pete Harris on ways to resolve the lack of parking for residents of and visitors to New Suffolk. As member of the New Suffolk Waterfront Fund Board, it is still my intention, and that of the Board, to work with the ZBA, the Planning Board and the Town Board in resolving all parking issues related to the project at hand. In closing, I urge you, the members of the Zoning Board of Appeals, to vote in favor of allowing the New Suffolk Waterfront Fund, Inc. to reopen the Galley Ho as a destination restaurant for those visiting the New Suffolk Waterfront. Historically, there has always been a restaurant on this site in addition to restaurants on First Street. What is now Legend' s used to be Bonnie's By the Bay and prior to that it was The Harbor Inn dating back to the 1930s and 1940s. The difference would be that the new Galley Ho would be more of a cafe in nature, with much less seating than in prior years. I thank you for your ; 1 consideration in this matter . - Sincerely, Lauren Krug Grant 2/3/2013 RECEIVE® FEB 4 2013 BOARD OF: APPEALS 2 2/4/2013 0 RECEIVED Patricia E. McIntyre 1970 Grathwohl Rd FEB 4 2013 New Suffolk,NY 11956 BOARD OF APPEALS Ms. Leslie Weisman Chair, Zoning Board of Appeals Re: ZBA Variance # 6617 Dear Ms. Weisman, I am writing as a resident of New Suffolk and a past President of the New Suffolk Civic Association(2008-2012).I am also on the Board of the New Suffolk Waterfront Fund (NSWF). The downtown property,now owned by the NSWF,has been threatened multiple times over the last 3 decades with large scale development that was totally inappropriate for the center of our small hamlet. Each of these projects received vigorous opposition from the majority of the community. The last straw was the proposal for 3 story high and dry boat storage with parking for 150 plus cars. At this point,members of the New Suffolk Civic Association resolved to purchase the property to ensure its preservation.The non-profit New Suffolk Waterfront Fund was created at the end of 2005 to accomplish this. Since that time the NSWF has been raising the funds to acquire the property and to repay an acquisition loan from The Conservation Fund. With the sale of the southern portion to Robins Island Holdings, the acquisition phase will be accomplished and the NSWF can move on to property restoration. I strongly support the approval of restoring a restaurant use at the waterfront. This has been a strong desire on the part of the community and most importantly will help the NSWF to be self- sustaining. Sincerely, Patricia E. McIntyre Former President, New Suffolk Civic Association Page 1 of 1 Toth, Vicki From: Joe & Ellie Doeele45@optonline.net] Sent: Tuesday, January 29, 2013 1:03 PM To: Toth, Vicki Cc: Barbara Schnitzler Subject. ZBA hearind#6617 RECEIVED To: Southold Town 3AN 2 ZBA ��13 Jan. 29, 2013 "®AR® OF APPEALS From: Joe & Ellie Polashock 2625 Jackson St. New Suffolk, NY 11956 Re: ZBA Hearing #6617 ZBA Members, We are sending this email in hopes that you will approve the request for a zoning change that will allow the New Suffolk Waterfront Fund to get a restaurant going on the property. This will create a flow of income to further the efforts of repairing and preserving the marina and the property in general. We are sure the waterfront fund will endeavor to comply with any requirements set before them. They have already helped the parking situation by allowing the use of the First street side of the property and some interior parking spaces for the use of Legends and Summer Girl. The Waterfront Fund has run many successful fund raisers with minimal impact and a lot of local support. A steady income stream would be extremely helpful in future planning for the site. Any and all repairs and improvements to the property will only functionally and visually help. There have been several restaurants, a luncheonette and convenience store operated on this site over a period of many years, all of which have been well accepted. We hope you will consider this in a positive way as you make your decision. Thanks for your consideration in the matter, Joe & Ellie Polashock, Residents and volunteers 1/29/2013 PATRICIA DOWRY 650 OLD HARBOR RoAD NFw$uFFoLK NY 11956 917 648 090 Ms. Leslie Weisman, Chairperson Southold Zoning Board of Appeals BAN 2 2013 Southold Town Hall Southold, New York Bop,RD OF p`pPE��� Dear Ms..Weisman, January 27 2013 I am writing in support of the New Suffolk,Waterfront Fund's request to re-institute the restaurant use on their property in.New Suffolk. I am a newly appointed Board member of the NSWF, but I have been a member of the community for much longer. In fact, my husband, John Touhey, and I have owned or rented a home in the area since 1977; and we have owned the Cutchogue Diner for 25 years. As (practically) old timers we have experienced the many iterations of the Galley Ho and we mourn,its absence. I As a young family we were attracted to the strong,community in New Suffolk. We loved getting our mail at the old New Suffolk post office; buying popsicles at Bill's.store; and;enjoying a sand- wich on the deck of the Galley Ho. After the post office and general store were destroyed by fire only the Galley Ho survived. It was the.anchor of the Waterfront for many years. Our family traveled across the water with our kids for fun summer dinners. Surprisingly, even now there are only one or two restaurants in Southold town where you can tie up your boat and dine. We need to bring that unique experience back to the maritime community of New Suffolk. Prior to becoming:a Board member, I was.a participant.in the community meetings organized by the Waterfront fund. The NSWF has worked hard to decipher exactly what the community envi- sions.the use of Waterfront land and.buildings. In that quest, there have been numerous open fo- rums and workshops..The process has been completely community focused with progress reports given periodically through both meetings and newsletters, and, more recently, through emails and postings on the website. Throughout this process the community has continuously voiced its strong desire to restore the Galley Ho to a waterfront gathering spot with food and drink. Now, as a Board member, I am very aware of the NSWF's goal to serve the community as best as we can. The new site plan calls for not only the Galley Ho to be used as a cafe but also to be used for classes,and meetings as it has been since the NSWF took ownership. Our plan is to maintain control over the cafe so it stays in line with our vision. We imagine restoring the Gal- ley Ho as a step towards recreating the New Suffolk of our past while respecting the present and future needs of New Suffolk. I support the NSWF plans for the Galley Ho because it will bring back a much-needed and unique gathering spot for our community. It will once again be the anchor of the New Suffolk Waterfront. F G � 1� RECEIVED Sincerely, JAN 2 8 2013 P*/V� bol BOARD CE APPEALS Patricia Lowry Toth, Vicki From: Barbara Butterworth [buttergillb@mac.com] RECEIVED Sent: Sunday, January 27, 2013 8:52 AM To: Toth, Vicki Subject: NSWF Application for Restaurant Use JAN 2 8 2013 BOARD OF APPEALS Dear Members of the ZBA, I am writing in support of the New Suffolk Waterfront Fund's application for a restaurant/cafe use on the site at the center of the hamlet of New Suffolk. As many of you probably know, the site has long had a restaurant, one that many remember fondly. it was as community gathering place and a very special spot as it was right on the water. As a member of the board, I spend significant time at the site often meeting people who come down to enjoy the view. Invariably they remember the restaurant and hope something similar will be there again. Our vision is to create a beautiful site, mostly open space, on the water for all to enjoy. At the same time, though, we seek to revive the waterfront as a focal point for the community. A place to gather, meet friends, enjoy a cup of coffee and a beautiful view. Having a restaurant on the site is key to our being able to accomplish this community building vision. The restaurant is also an essential part of our plan to make the site self sustaining. We anticipate a restaurant/cafe smaller that what had previously existed on the site. We are aware of the fragile nature of the environment and the scarcity of parking in the neighborhood and so are mindful of the need to have a reasonable and sustainable footprint on the site. I urge you to support this application for a restaurant use. Thank you for your consideration. Sincerely, Barbara Butterworth vice Chair New Suffolk Waterfront Fun 1 Page 1 of 2 Toth, Vicki From: LAurie6656@aol.com Sent: Sunday, January 27, 2013 12:47 AM ECEIVEI To: Toth, Vicki Subject: Approval of Restaurant Use at the Old Galley Ho JAN 2 8 20113 Dear Zoning Board: BOARD OF APPEALS As we will be out of town on February 7th and unable to attend the second hearing, we would like you to know our position in this matter: We wholeheartedly support your granting a restaurant use for the Galley Ho as requested by the New Suffolk Waterfront Fund (NSWF) for the reasons listed below. 1. MONEY- It is critical that the property becomes self-sustaining, and we believe that having a restaurant to complement the marina is an essential piece of the puzzle. The NSWF cannot continue to ask people to keep giving their time and money, over and over again,year after year. Many New Suffolk residents are tired of constantly volunteering and paying out.They want the property to be able to take care of itself. 2. QUALITY OF LIFE IN OUR COMMUNITY- New Suffolk residents need, and deserve, a place in our own town to go for coffee/breakfast, get a newspaper, chat with our neighbors, and enjoy some food in the heart of our beautiful waterfront hamlet. Up until 1994 -the year the General Store burned down -we had all that- as well as a full service restaurant (i.e. -the Galley Ho.) Now we have nothing on this property. 3. PRESERVATION OF OPEN SPACE - New Suffolk residents were downright horrified when the previous owners of the property proposed to build triple-tiered boat racks for 150+ boats and parking for 180+ cars on the property. Thanks to the efforts of the NSWF, over 90% of the north property and 90% of the south property will remain Open Space,with easements in place to keep it that way. Please give them the tools they now need to succeed financially for the long term! 4. IT IS A WORKING/BUSINESS DISTRICT....CARS PARKED ON THE STREET ARE EXPECTED - For the past three years,the NSWF has been helping to improve parking in New Suffolk by allowing Summer Girl and Legends to use 10 feet of its property for head in parking, thereby doubling capacity for their patrons' cars. These businesses, as well as Captain Marty's and the Post Office have zero dedicated parking for their customers (the one exception being one handicapped space at the Post Office.) They all do a brisk business, relying solely on on-street parking. It seems unfair to hold the NSWF to a much higher standard than all the other New Suffolk businesses have to adhere to. New Suffolk is a very special place and we have worked very hard to make this property, open, accessible, and a real asset in the community.We sincerely hope that the Board rules in favor of allowing the restaurant use. Thank you for your consideration. 1/28/2013 Page 2 of 2 Respectfully Submitted, Linda and Paul Auriemma 945 Fanning Rd. New Suffolk, NY RECEIVED JAN 2 8 2013 BOAR® OF APPEALS 1/28/2013 Toth, Vicki From: lucille field goodman [musicfield@optonline.net] Sent: Saturday, January 26, 2013 9:09 AM To: Toth, Vicki Subject: Hearing#6617 ZBA To members of the ZBA and all interested parties: Call it a restaurant, call it a cafe, it is a lifeline for the property to be be self- sustaining, as well as adding to it's enhancement of the marina, and the park-like atmosphere and civility of the environment. Where there are people, children and adults, there must be food, and we hope to have a charming cafe that will make the atmosphere even more desirable than it ever was. Help us keep our local history alive; help us with our parking situation; help us to bring our wonderful property back to life. We New Suffolkers are working hard to achieve our goals which will enrich the North Fork to the benefit of all its occupants and visitors. . Thank you for your vital consideration. 6 WI Lucille Field Goodman RECEIVED 315 Fourth Street, POB 639 New Suffolk, NY 11956 JAN 2 8 2013 BOARD OF APPEALS 1 Toth, Vicki From: Patsy Rogers [musicpatsyr@optonline.net] Sent: Thursday, January 24, 2013 6:01 PM ,t To: Toth, Vicki Subject: New Suffolk Waterfront As a thirty-three year resident of New ,Suffolk, a former Board member of the New Suffolk Waterfront Fund, and a major donor to the purchase of the waterfront property, I am writing to urge the ZBA to rule favorably on both _items before it. I understand that the hearing on the lot split with Robins Island Holdings is closed, and I can only urge you to agree that this arrangement is an excellent way to enable the Fund pay off the purchase price of the property. As to the north piece, which the Fund plans to retain, I urge you to allow the continuing restaurant use, which of course has historically been a use on that site. I hasten to point out that "restaurant" is probably the wrong word, as we wish to have an operation more like a cafe - smaller than the old Galley Ho restaurant which has been on the property for many years, though not operating recently. The cafe would enhance the use of our deep-water marina, which will be repaired and re-built and help bring life back to this beautiful waterfront. The residents of New Suffolk who have been working on this project for years have always expressed the same two desires about uses of the property in the future: keep as much open space as possible and have some kind of eating and meeting place. I feel that the current plan, as outlined at the recent ZBA hearing, will accomplish both of those objectives, and I urge the ZBA to vote favorably on the plan. Sincerely, Patsy Rogers 1 RECEIVED George Maul P.O. Box 635 JAN 2013 New Suffolk, NY 11956 January 181h, 2013 80AR® 01r'4PPEALS Re: New Suffolk Waterfront Fund, Inc.#6617 Dear Leslie Weisman and Southold Zoning Board of Appeals, Thank you very much for letting me sit in on the public part of your January 17 meeting. It was nice to see people working so hard to explore all of the issues surrounding this proposal. I was particularly struck by the way that regulation, community,finance and politics all make it difficult to discern the right decision. I would just like to say that no less is at stake than the future of New Suffolk. Downtown New Suffolk is more than this particular lot. There is a larger community here that is not part of the NSWF.There is also an active town beach, other businesses and a boat ramp where people back up into a four way intersection all summer long. How raising the grade 4 feet will affect the entire village is yet to be determined. Would the town raise the road? How another restaurant will affect summer traffic flow and parking has not been addressed.These seem to be issues for the planning board but obviously this parcel needs to be integrated into the larger area in an intelligent way and that issue is now before you. Please continue to move slowly and keep the larger picture in mind. From a zoning point of view I still think approving a second use for a 100 seat restaurant is wrong. The argument that the NSWF is in a financial bind is no reason to give them permission to open a bar. A better plan needs to be called for now. Thank you, again,for your understanding and your vigilance regarding this matter. Sincerely, George Maul January 13,2013 To: Leslie Weisman, Zg:A. Chairperson and Board Members J From: New Suffolk Civic Association � A�1 ?? �'�R® 013 Re: New Suffolk.Waterfront Fund hearing OP I pp� 6(Q_1(Q '�4S We are writing in support of the New Suffolk Waterfront Fund to approve a zoning change that would allow a restaurant usage to help them create a source of income to support their programs and continue to improve the waterfront. The waterfront fund was created from activities initiated by the civic association to protect and preserve the waterfront from unsightly and intensive development that would have been detrimental to the character of the hamlet. There have historically been multiple food venues, from luncheonettes to ice cream parlors and deli counters to ful_1-$tale restaurax,ts: We know.by past_Performance.that the waterfront fund will comply with an endeavor to meet all requirements set before them. This approval will help them continue to improve the waterfront infrastructure that will in the long-term help protect that part of the hamlet from storm damage and .wave action with improved-bulkheads and.ground,.stabilizataon. This wialso.make. it a more attractive area to the residents and visitors. Residents and visitors who have come to enjoy the "small town"ambiance and willingness of everyone to get behind this project have given our board,members positive_feedback. We look forward to your favorable consideration. Sincerely, Paul Cacioppo President; New Suffolk Civic Association Toth, Vicki From: paul maffei [ppmaffei@gmail.com] Sent: Thursday, January 17, 2013 2:42 PM To: Toth, Vicki Subject: [New Sender-] - Restaurant/Cafe on New Suffolk Waterfront to whom it may concern, I have been resident and Southold tax payer for 30 years. The New Suffolk Waterfront Fund wants to be able to maintain our historic submarine base. We need a restaurant to be able to fund this enterprise. Please allow us to do so. Paul Maffei 6285 New Suffolk Road New Suffolk, NY 11956 P.O Box 52 631-734-2601 CFIV�® � �qN 1 7 20l 3 �4Ap'�s George Maul l P.O.Box 635 RECEIVED New Suffolk,NY 11956 JAN 17 2013 January 151h,2013 BOARD OF APPEALS Dear Leslie Weisman and Southold Zoning Board of Appeals, As a full time resident of New Suffolk,I have serious concerns about the application#6617 of the New Suffolk Waterfront Fund to open a restaurant in downtown New Suffolk; 1. We need to know the final elevation of the site.Any septic system necessary for a 100 plus seat restaurant would raise the grade by at least four feet.This will obscure the "scenic vista"that the NSWF says they are trying to preserve.(see attached photo) Low profile fencing will only add insult to injury. 2. Traffic and parking are already huge problems in New Suffolk and this project will only make things worse, not better as represented by the proposal. 3. The consensus study originally done by the Peconic Land Trust indicated that the majority of residents preferred open space or park land as the use of the site. 4. The zoning provides for one use.These proposals and the NSWF website indicate that the fund plans to have a restaurant,a marina,a park,an outdoor amphitheater,a maritime grassland preserve,a boat storage building with private parking,a small history museum,a modest boat storage area,and a submarine memorial. 5. All of the community outreach meetings referred only to a small snack bar. 6. The NSWF is a privately formed not for profit corporation.It is not the government of New Suffolk. Its members are not elected by the residents of New Suffolk. It has no strict obligation to the residents of New Suffolk. For the President to say that 68%of the people have donated to their cause is misleading. Many people have donated who are against the present proposal.68%of the people have not voted for this proposal and the NSWF has no such mandate as they claim. 7. In the past year the site has functioned as a 5K race ground,a catering hall,a marina,a yoga center, a paddleboard business,a shellfish hatchery,a festival site,an outdoor vendors market,a parade ground, and a community garden. 8. No one on the current board is a member of the downtown business community in New Suffolk. 9. Many of the board members and the current leadership are part time residents or don't even live in New Suffolk. Thank you in advance for your understanding and your vigilance regarding this matter. Sincerely, George Maul RECEIVED JAN 17 2013 BOARD OF APPEALS 15 MINUTE P KING ' ti � I 711 Aft I.r1 I� `� _ rye• t � .,yw... '}" 1, P .' :. y �� � gat'. //�`�. . '•�.�i .,x' 5c e `tit I Page 1 of 1 Toth, Vicki From: Maria Romano [mariaromano@schoolworksonline.org] Sent: Tuesday, January 15, 2013 1:24 PM To: Toth, Vicki Subject: [POSSIBLE SPAM] -cafe at Galley Ho location I am a resident at 1165 Theresa Drive and love to frequent the area at New Suffolk beach. I am very much in favor of a cafe at the location of the Galley Ho and think it would inject life and vitality into the area. It will be a good revenue source as well Maria Romano The Children's Center for Early Learning 83 Marlborough Road Brooklyn, New York 11226 718 284 3110 x 212 tel. 718 989 9237 fax j mariaromano(cD-schoolworkson line.orq www.schoolworksonline.org RECEIVED Maria Romano SEIT Supervisor JAN 1 52013 BOARD Or APPE ALS 1/15/2013 Toth, Vicki From: Dan Petrie [drpetrie@earthlink.net] Sent: Monday, January 14, 2013 10:42 AM 1 To: Toth, Vicki RECEIVED Subject: [New Sender-] - New Suffolk Waterfront Attachments: ZBA HEARING UPDATE TO VOLUNTEERS-1.doc BAN 14 2013 Rrmll BOARD OF APPEALS ZBA HEARING DATE TO VOLUNTEI Hi Vicki, I think that any changing for a new 118 seat year round restaurant marina 'on the water in New Suffolk is going to have a big impact on the bay and this small Hamlet. It should not be decided in Feb when most of the residents are not around. (Nice letter from Joe Mckay but he is in Key West for the winter and lives in Greenport. This will not have any impact on him ) Attached is the email from the Water Front Fund. The number one thing the community wanted is not a 118 seat year round restaurant, it was open space and a park.There is always a plan B Thank You, Daniel Petrie First Street New Suffolk 1 66/ � DECEIVED ZBA HEARING UPDATE TO VOLUNTEERS Hearing #6617 JAN 14 2013 Thursday's ZBA hearing was attended by so many of you, thank you! BOARD CF,yPpEALS The hearing on the lot split with Robins Island Holdings is closed and we should hear the result within 2 - 4 weeks. We are optimistic. The hearing on the restaurant use remains open, and is on the ZBA agenda February 7 at 10 a.m. Because of a few concerns voiced at the meeting, I am asking another favor of all of you- PLEASE SEND AN EMAIL to show your support for a restaurant on the property. Here are some FACTS: It is critical that the property become self-sustaining. We cannot continue fundraising at this level. We are tired of asking, and you are tired of giving. Restaurant is the number one use requested at outreach meetings. People want the property to come back to life, as it does each time we host an event there. Over 90% of the north property and 90% of the south property will remain Open Space,with easements in place to keep it that way. The property has historically had a restaurant on it. The zoning code uses the term restaurant, although we want to create a cafe. We are proposing fewer seats than the former Galley Ho had. A cafe will enhance the marina,which has had very limited use in the last few years. We want to improve and utilize this deep-water marina again. We plan to keep our local history alive, by re-using our historic building. New Suffolk has a long-standing parking problem. For the past three years,we have been helping improve it by allowing Summer Girl and Legends to use 10 feet of our property for head in parking, doubling their capacity. We cannot change the fact that Legends and Summer Girl do not have dedicated parking,we can only make sure that we have it. The property has flooded many times in the past. We will repair our bulkhead and docks to help protect our town, and our engineer will design for drainage and flooding, but changing weather and rising sea levels are beyond our control. MOST IMPORTANT, there is no PLAN B. In six years, no one has ever come up with a feasible alternative except boat racks. Please send your email (groups are ok) to vicki.toth@town.southold.ny.us Thank You! Toth, Vicki From: Elaine Romagnoli [nyceroma@me.com] Sent: Wednesday, January 09, 2013 9:34 AM To: Toth, Vicki Subject: [New Sender-] -ZBA hearing#6617 As a long time resident of New Suffolk residing on First Street and as the former owner of Legends restaurant I wholly support the idea's put before you by the New Suffolk Waterfront committee. The idea of turning the former Galley Ho restaurant into a cafe is very appealing not only to me, but, to many other members of this community. More importantly the fact that it should help off set the cost of maintaining the property while preserving its history and ecology seems to be a top priority among many of us. Sincerely, Elaine Romagnoli 1230 First Street � New Suffolk,New York �0 CEIV E Sent from my iPad JAN BOAR® OF APPEALS 1 Toth, Vicki From: Steven L Figari [steve.figari@gmail.com] Sent: Wednesday, January 09, 2013 8:56 AM To: Toth, Vicki Subject: [New Sender-] - New Suffolk waterfront As a long time resident of New Suffolk I would like to go on record as favoring a small cafe on the site formerly named the Galley Ho. It would be a great asset to our hamlet and enable this downtown parcel to become self sustaining. I appreciate anything you can do to bring this about. Thank you. Steven L Figari ECEIVED JAN - 92013 BARD OF APPEALS 1 Toth, Vicki From: Ellen Goldstein [ellenora@optonline.net] Sent: Tuesday, January 08, 2013 4:15 PM To: Toth, Vicki Subject: in support of a restaurant... Dear Reader, Ellen and Gil Goldstein, as 16 year residents of New Suffolk, would like to support the idea of a restaurant on the site of the former Galley Ho. We are concerned about parking problems, but hopefully that can be addressed in the property and not overwhelm the area. Thank you. Ellen and Gil Goldstein RECEIVE® JAN - 9 20113 BOAR® OF APPEALS i Toth, Vicki From: Shannon Simon [shannonsimon@optonline.net] RECEIVED Sent: Tuesday, January 08, 2013 5:38 PM To: Toth, Vicki Subject: The New Suffolk Waterfront Fund Restaurant Request JAN - 9 2013 Dear Ms. Weisman and the Zoning Board of Appeals, BOARD OF APPEALS I was .in attendance at the ZBA meeting on Thursday, January 3, when the New Suffolk Waterfront concerns were being discussed. I would have offered some information at the meeting, but because the meeting seemed destined to go into adjournment, I decided to write instead of taking more time at the lengthy meeting. As the New Suffolk Waterfront Fund's Volunteer Coordinator, coupled with managing the Waterfront's Community garden, I have had the opportunity of spending a lot of time at the waterfront site. People are always stopping to ask questions about what is going on with the Waterfront project, but the number one question that is asked by every one of the visitors is, "When is the Galley Ho going to open again?" In all, probably as many as 800 to 1000 people have asked that question when they arrive at the transient dock by boat, when they ride in on bicycles, when they are just passing through or going to Summer Girl or Legends and even Capt. Marty's. During events, people ask about when the Galley Ho will be open as a place to get a bite to eat. At the Chowder Fests, at the 5K races, and even during the Sweet and Savory House Tour, the same question came again and again. Not only is the Galley Ho a lifeline for the Waterfront Fund, but it seems to have been a wonderful stopping off place for a bite to eat and a wonderful view of the that beautiful Bay. Please allow the Waterfront to reinstate the Galley Ho as a "restaurant" even though we are calling it a cafe. Sincerely, Shannon Simon 1 Toth Vicki -m From: Joni Friedman [pedrogft@yahoo.com] Sent: Wednesday, January 09, 2013 7:18 AM JAN _ 9 2013 To: Toth, Vicki Subject: [New Sender-] - New Suffolk Waterfront BOARD OF APPEALS To Whom This May Concern, As a twenty year resident of New Suffolk, my family has enjoyed every aspect of living in our small and vital hamlet. The Galley Ho was the only port in the storm when we first came here and it was indeed a very special spot -for meeting, resting, eating and enjoying the special view of the Peconic Bay. Over the last years of our extraordinary fundraising efforts, the Galley Ho has come back to life as a community center and beacon for the North Fork. Those whom remember the past and those hoping to enjoy the future with our unique, historical and community based restaurant have gathered for meetings, festivals and activities to make this all a reality. We need to preserve our special place whom so many have worked so hard to painstakingly bring to fruition. It must have the restaurant intact and fully functioning in order to make the New Suffolk Waterfront a self-sustaining environment. The restaurant is the most important key for us to keep this going forward into the immediate future. Watching a community come together and grow a unified preservation project is something spectacular. It has been a privilege. We have worked so hard to make this happen with the support of so many. Thank you for the opportunity to hear and consider our very vital project. Sincerely, Joni Friedman 1 417 Toth, Vicki From: Joe McKay [crazyaboutwords@gmail.com] Sent: Wednesday, January 02, 2013 9:16 PM To: Toth, Vicki Subject: [New Sender-]-ZBA hearing 1/3/13 Please approve the New Suffolk Waterfront Fund's request for a boundary line move, and for a small cafe-type facility in the old Galley Ho building. These elements are vital to the future of our waterfront and to the expressed interests of the community over the course of the past 5 years during which acquisition of the property was achieved thanks to community support. (Over 70W of community donated $$, and we have a cadre of almost 100 volunteers who are called on regularly!) Thank you for your consideration of this project which will serve as a community model in the years to come. Joe Mc Kay Former Pres, New Suffolk Civic Assoc. current Board Member, New Suffolk Waterfront Fund 1 Page IofI Toth, Vicki . ........ .. ....... From: James Grathwohl ofgrathwohl@msn.com] Sent: Wednesday, January 02, 2013 7:11 PM To: Toth, Vicki Cc: Barbara Schnitzler; Souhold Town Landmarks Preservation Commission Subject: New Suffolk Waterfront January 2, 2013 TO: Leslie Weisman Chair, Southold Town Zoning Board of Appeals FROM: James F. Grathwohl Chair, Southold Town Landmarks Preservation Commission CC: Barbara Schnitzler Chair, New Suffolk Waterfront Preservation Fund SUBJECT: New Suffolk Waterfront Dear Ms. Weisman, I strongly support the application of the New Suffolk Waterfront Preservation Fund to (1) divide their parcel in order to sell the southerly portion to neighboring Robins Island Holdings and (2)to re-instate the use of the well known Galley Ho on the northern portion to its former use as a restaurant. Historically, the site is where the Goldsmith and Tuthill Shipyard was located for many years.The Holland Torpedo Boat Co. leased space here where the USS Holland, the first submarine commissioned by the U.S. Navy in 1905 was outfitted and tested in Peconic Bay, making this site one of the most significant locations in U.S. Navy history. A roadside marker explains the significance of this site that also is a Southold Town historic landmark and is listed by the Society for the Preservation of Long Island Antiquities. The Southold Town Landmarks Preservation Commission commends the Waterfront Preservation Fund Board for its plans to enhance the site by moving the historic Galley Ho, which suffered considerable damage from Hurricane Sandy, further back on the site and restore it to its long-time use as a restaurant serving especially local seafood.There has been a restaurant there for many years and this restoration will be welcomed by the local community, as well as supporting the local economy. I strongly support, and I believe the local community does, too, the application of the New Suffolk Waterfront Fund. I urge you and your colleagues on the ZBA to approve it. Thanks for your support. James F. Grathwohl Chair' Southold Town Landmarks Preservation Commission 1/3/2013 Page 1 of 1 Toth, Vicki From: JGiven@nwl.com Sent: Thursday, January 03, 2013 7:55 PM To: Toth, Vicki Subject: [New Sender-] -Zoning Board -Attention: Leslie Weismann: New Suffolk Waterfront Meeting, January 3, 2013 Dear Ms. Weismann, First of all, let me commend you on running a professional meeting today with regard to the zoning variance petitions put forward by the New Suffolk Waterfront Fund (NSWF). It is unfortunate that all the zoning board members do not maintain the same level of professionalism and even perspective that you demonstrated today. After being at the meeting, I felt compelled to voice my strong support in favor of both proposals made by Attorney Wickham and Barbara Schnitzler. Being a property owner in New Suffolk for over 30 years, in additional to my family's ownership of New Suffolk property for 100+ years, the welfare and preservation of the waterfront are of significant importance to my family and me. The efforts and achievements that the NSWF has accomplished to date, on behalf of the hamlet of New Suffolk, are nothing short of exceptional and for that they should be commended. Furthermore, NSWF's efforts going forward should be supported and endorsed by your board. The parking issues voiced during the meeting are not germane to supporting this preservation project. As you aptly pointed out, there will be ample time during the site approval process for input, study and revision if required. The issues raised regarding parking, albeit a possible problem, are not germane to the proposal and thus should be dealt with separately. Finally, this preservation project is only sustainable given the generation of on-going revenue. The proposal submitted will achieve this while at the same time providing a service desired by the entire New Suffolk community. It is in fact a"win-win"for all and thus should be resoundingly endorsed . Thank your for your consideration and I look forward to the zoning boards unanimous approval of both subject petitions. Regards, Jim Given 159 Old Harbor Road New Suffolk, NY (6310 259-2182 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1/4/2013 Page 1 of 1 RECEIVED b Toth, Vicki �J yI .P LUIJ From: Julie Saul Ouliem@saulgallery.com] Sent: Tuesday, January 01, 2013 3:19 PM BOARD OF APPEALS To: Toth, Vicki Subject: [New Sender-]-Waterfront Zoning for New Suffolk Dear Zoning Board, I am writing in regard to the zoning hearing coming up on January 3rd for the New Suffolk Waterfront. I own a home on the corner of King and 1 st Street, directly across the street from Captain Marty's and just north of Legends. I have owned the house for almost 6 years and am extremely interested in the evolution of the waterfront area as it directly effects me on every level, from how it looks to noise level etc. I am very happy that Louis Bacon has undertaken to own and maintain the lower third of the property which has been acquired by the New Suffolk Waterfront group. I encourage you to pass this request on the 3rd. If you look at the way he has designed and maintained his current facility on the mainland it is clear that he has a good aesthetic sense which adheres to the native flora and also historic architecture of the area. He has maintained the building and the surrounding grounds beautifully at all times. In terms of the development of the upper two thirds, I advocate for a cafe to be licensed to operate on the property. There is a need to generate funds to maintain the area, and also I think an alternative to Legends restaurant would be welcome. However, I also feel strongly that the parking needs to be maintained off the main street(First Street) as much as possible, and I would like to see some independent governing board approve design decisions. In my opinion (and I am an art historian and art dealer)there have been some really bad design decisions made to date. I also have heard discussion of a museum and learning center and I am really opposed to these sorts of ideas. This is a leisure, nature area an I just don't see the point. Obviously living in such proximity to the area I am concerned about the volume of visitors and accompanying noise and traffic generated by waterfront activity. My contact info is below. Please do not hesitate to contact me if you would like to discuss these matters further. Sincerely yours, Julie Saul 875 King St. New Suffolk, NY 11936 iuliem Saul ag llery com 631-734-5888 646-244-5700 cell 1/2/2013 R Fisher 631-765-1802x5028 SOUTHOLD TOWN FIRE INSPECTOR ` robert.fisher@town.southold.ny.us Page NOTES ESTABLISHMENT �f,S . (/U -fit" s/b/I 117_9-- j DATE COMMENT 12--2.6-I C s e- c Lo vj r Lot � Vi A-g L-t; TVED -Tc> S�-p Po e.. �j �S 1C31.,t✓ ARD OF A EALSt6�-.0 LOCA,-17 of6 P sot ZJ i GS o %,j o►J -(t. S co aJE--Qf2-M"1Q0 LOU, �s 2- r b FireNotes �ff�f � N #10996 r STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said. county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper,• published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 3rd 3rd day of January, 2013. Principal Clerk Sworn to before me this day of 2013. 11.00 A M - NEW SUFFOL LEGAL NOTICE K y S LEGAL D TOWN WATERFRONT FUND INC. and �- ZONING BOARD OF APPEALS ROSIN'S ISLAND HOLDINGS,LLC C RISTINA VOLINSKI THURSDAY JANUARY 3,2013 - #6616 - Request for Variances from NOTARY PUBLIC-STATE OF NEW YORK PUBLIC HEARINGS Art.XIII Code Section 280-56 and the NOTICE IS HEREBY GIVEN;pur- Building Inspector's September 18,2012 NO. 01 V06105050 Notice of Disapproval based on an ap- Qualified In Suffolk County suant to Section 267 of the Law and lication for a permit for a minor sub- Y Town'Code.Chapter 280(Zoning),Town P f�Mv Commission Expires F@Iarugr 20. 9,014 of Southold,the following public hear- I division at;1)lot size less than the code P Y ings will be,held.by the'SOUTHOLD required 80,000 sq.ft.per Bulk schedule .TOWN ZONING.BOARD, OF AP in MII District,2)lot size less than the PEALS at the Town Halli D095 Main code required 160,000 sq.ft.for the pro- 12.20 P.M. - MICHAEL Road, EO. Box.1179,. Southold, New Posed second use,located at:650 and 380 HIRSCHHORN #6619 - Request York 11971-0959,on THURSDAY JAN- First Street(comer Jackson Street,Main Variances from Article XXIII Seed Street)(adj',to Cutchogue Harbor)New 280-122A and-the Building Ins ectc LJARY 3,2013: .. '. g P 10:30 A.M ' .THOMAS,SPURGE Suffolk;NY.SCTM#1000-117-8-18&19 December 4,2012 Notice of Disappro #6615 - Request for Variance from. 1120 A M -NEW SUFFULK WA- based on an application for building p Article XXIII Section 280 124 and the TERFRONT FUND,INC.-#6617-Re- mit for additions and alterations to Builditg•'Inspector's,"October!..12;.1012 quest for Special Exception per Article existing.dwelling aY°(1) a honconfor Notice of+Disapproval based Tin an ap-. XIII;:Sectiotr280 55;(B) 1•:to operate a ing building containing a conforming 1 plication for building permit.for.addi- iestaurant.m' a Marine II (IVIII),Dis" shall not be enlarged, reconstructed tions and alterations to existing,single trio;located'at 650 First Street-(comer structurally.altered or moved,provid family dwelling:1)less than the code re- Jackson Street; Main Street) '(adj. to such action does not create any n quired minimum rear yard setback of 35 Cutchogue Harbor) New Suffolk, NY nonconformance or increase the degi SCTM#1000-117-8-18 of nonconformance,Pursuant to the feet,located at:3145 Manhanset Avenue `41,.45 AiM. -.PETER and`DIANE terpretation of Walz (5039) such alte Greenport,NY.SCTM#1000-43-1-7 MOLLICA=#6618_ Request for Vari- tions will,thus•coustitute.an_increase 10.45 A M =1VIARIUSZ JACHIMO- ance from Artiele III Code Section 280'- the degree.of nonconformancei(a) 1 WICZ-46612-'Request-for Variances 15,and the Building Inspector's Decem- than the minimum side yard setback of from Article,XXIII'Code Section 280- ber3,2012 Notice of Disapproval based feet,(b)less than the minimum combin 123 and the Building Inspector's No- on an application for building permit for side yard setbacks of 25 feet,located vember 9,2012,Notice.of Disapproval an accessory in-ground swimming pool 280 Sound Avenue (adj.to Long Isla based on an application for building per- At:1)accessory in-ground swimming pool Sound)Peconic,NY.SCTM#1000-67-1 mit for--``as Ziiiilt"alteration/addition to is proposed in a location other than the The Board of Appeals will hear an existing dwelling at;1)a nonconform- code required rear yard;located at;50 persons or their representatives, de; ing Building containing a nonconforming '' Schooner Drive (corner Anchor Lane) ing to be heard at each hearing;and Dated:December 11,2012 desiringto submit written.sta.teme: ZONING BOARD OFAPPEA use shall not be enlarged,reconstructed, Southold,NY.SCTM#1000-79-4-2 before the conclusion of each head LESLIE KANES WEISMAN CHAI structurally altered or moved, unless , the'use of such building is changed to a 12-00 P.M. - BETTY HERNIA P Eacli hearing will not start earlier th PERS( conforming use,the"as built"structure - #6614 - Applicant requests a Spec designated above.Files are available: BY Vicki T( is considered a second dwelling on the Exception under Article Ill,.Secti review during regular business h01 54375 Main Road(Office Locatic property, located-at: 9395 Main Road 280-13B(13).The Applicant is the owi and prior-to the day of the hearing. 53095 Main Road(Mailing/USI Mattituck,NY.SCTM#1000-122-6-18 requesting authorization to establish you have questions,please contact c P.O.Box 11 Accessory Apartment in an access( office at, (631) 765-1809, or by em. I Soutbold,NY 11971-05 structure, located at: 305 North B Vicki.Toth@Town.Southold.ny us. 10,996-1T 1/3 view Road, Extension, Southold, 1 - SCTM#1000-78-8-16.1 Office Location: Q� SQ�jyol Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • Southold,NY 11971-0959 �yCOUNTY,� � http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 MEMO TO: Bob Fisher FROM: Leslie K. Weisman, ZBA Chairperson DATE: December 17, 2012 SUBJECT: Request for Comments ZBA # 6617 NEW SUFFOLK WATERFRONT FUND, INC. The ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA ZONING REQUEST SURVEY PREPARER ZONE CODE DATE STAMPED NEW 1000-117 6617 Article Special July 5, Barrett SUFFOLK 8-18 XIII, Exception for 2012 Bonacci & WATERFRONT Section marina & Van Weele, FUND, INC. 280-55B restaurant PC (1) Your comments are appreciated.within 30 days. Thank you. Encls. 4R N, #11030 STATE OF NEW YORK) Al ) SS: �' / COUNTY OF SUFFOLK) d Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 24th day of January, 2013. Principal Clerk Sworn to before-me this day of 2013. LEGAL NOTICE SOUTHOLD TOWN ZONING 11:20 A.M.-I+MMM BEER LLC- i BOARD OF APPEALS ' #6621 -Request for Variance from Ar- THURSDAY FEBRUARY 7,2013 title XI Section 280-47 and the Building PUBLIC HEARINGS Inspector's December 12,2012 Notice of NOTICE IS HEREBY GIVEN,par- Disapproval based on an application for suant to Section 267 of the Town Law and building permit for demolition and re- ! �� Town Code Chapter 280(Zoning),Town construction of a portion of an existing �f of Southold,the following public hear- 'commercial building at:1)less than the CHRISTINA VOLINSKI ings will be held by the SOUTHOLD code required front yard setback"of 100 TOWN ZONING BOARD OF AP- feet,located at:42155 Main Road aka NOTARY PUBLIC-STATE OF NEW YORK PEALS at the Town Hall,53095 Main State Route 25 (corner Peconic Lane) No. 01V06106050 Road, P.O. Box 1179, Southold, New '.Peconic,.NYSCTM#1000-75-1-14 ! Qualified In Suffolk County York 11971-0959,on THURSDAY FEB. 11:40 A.M.-PETER and TERESA + RUARY 7,2013: BENOTTI-#6623-Requests for Vari- My Commission Expires February 20, 2016 10:00 A.M.- NEW SUFFOLK WA- antes under Sections 280-105 II(A and TERFRONT FUND INC - #6017 — B), based on the Building Inspector's (adj.from PH 1/3/13)Request for Spe- November 15, 2012 Notice of Disap- cial Exception per Article XIII Section proval concerning"as built"5 foot high 280-55(B)1 to operate a restaurant in a fence and "as built" 8 foot high deer Marine 1I(MII)District,located at:650 fence around a single family dwelling, First Street(corner Jackson Street,Main at:1)fence height at more than the code Street)(adj.to Culchogue Harbor)New 'permitted four feet in height when lo- Suffolk,NY.SCTM#1000-117-8-18 cated in a front yard,2)fence height at 10:45A.M.-ROBERTHOEY-96624 more than the code permitted 6 ih feet - Request for Variance from Article III in height when located in the side and Code Section 280-15 and the Building rear yards,at 930 Clearview Road,(adj.Inspector's November 2,2012,Updated to Cedar Beach Harbor)Southold;CTM _The Board of Appeals will hear all i January 3,2013 Notice of Disapproval 1000-89-3-11.4 persons or their representatives, desir-. based on an application for building 1:00 P.M. - BREEZY SHORES ing to be heard at each hearing,and/or permit for an accessory two car garage MUNITY INC. NAOMI MULL- desiring to submit written statements with shed and loft,at:1)accessory build- MAN )-#6622- Request for Variances "`=before the conclusion of each hearing. ing is proposed in a location other than from Article XXIII Code Section 280- Each hearing will not start earlier than the code required rear yard,located at: 123,Article XXII Section 280-116 (B) designated above.Files are available for Private Road(aka Treasure Pond Road) and the Building Inspector's October review during regular business hours and Off East End Road Fishers Island,NY. 22, 2012 Notice of Disapproval based prior to the day of the hearing. If you SCTM#1000-8-2-4 on an application for building permit for have questions,please contact our office 11:00 A.M. - SHAMGAR CAPI- additions and alterations to a seasonal at,(631)765-1809,or by email: Vicki. TAL,LLC(DANIEL BUTTAFUOCO) cottage at;1)a nonconforming building .Toth@Town.Southold.py.us #6620 - Request for Variance from Ar- containing a nonconforming use shall not Dated:January.4,2013 title Ill Section 280-14 and the Build- be enlarged,reconstructed,structurally ZONING BOARD OF APPEALS . ing Inspector's October 21,2012 Notice altered or moved,unless such building is LESLIE KANES WEISMAN,CHAIR- of Disapproval based on an application changed to a conforming use,2)less than PERSON for building permit for construction of the code required bulkhead setback of BY:Vicki Toth a third story addition at: 1) more than 75 feet, located at: #11 Breez Shores Y 54375 Main Road(Office Location) the code required number of stories of Community,Inc.,65490 Main Road(aka 53095 Main Road(Mailing/USPS) 21/2, located at: 1165 Kimberly Lane State Route 25)aka Sage Blvd.(adj.to P.O.Box 1179 ( adj. to Southold Bay) Southold,NY. Shelter Island Sound) Greenport, NY. Southold,NY 11971-0959 SCTM#1000-70-13-20.7 ` SCTM#1000-53-5-12.6 _ _i 11,030-1T 1124__ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORKi. 1� lr7 AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel # 1000747.3 COUNTY OF SUFFOLK STATE OF NEW YORK I, p 6 f I � ( //►/ residing at New York, being duly sworn, deposes and says that: On the fO,4 day of3t-q--em b P2 , 20 , I personally mailed at the United States Post Office in /ye-w a New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. • i (Signature) • I I Sv�y',orn to be ore me this C?b'dayn of , 20 /2-- i C (Notary'Public) I PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Notary Vork erm T r.;�sres�scm'� r s1, <y - I r U.S. Postal.Servilbe'rro e ■ ru 0 I. • o . .•. Er •oI . r e r cc I. ru • • I l fr M`,. 7, -0 D Postage $ $0.45 0956 I Postage $ $0.45 NY f7 r µ Certified Fee n.l Certified Fee $2.95 fU $2.95 02 C3 r Postmark I i Return Receipt Fee Return Receipt Fee (Endorsement Requred) $2.35 0 O (Endorsement Required) $2.3 dsn Here O ti Restricted Delivery Fee C Rest Delivery Fee I (Endorsement Required) $0.00 0 (Endorsement Required) $0 0 , I r- n� .J] Total Postage&Fees $5 Z12�1B0' Total Postage&Fees $ $5.75 r-1 Sent' __ rah Sent To u �'I-1�-�-"' --.-/f)L1�0✓_ Cp-+`��.�. - =- r� t. Zy �_�t/---- e------ ----- ................ l7 Street,Apt.No.; , Street, t No.; p ® (� or PO Box No. or PO Box No. . -(- ---------------------------^ Crry,State,ZI - City,State,Z/Ra4 - � d U 9 } 1 ew a ©!k,► o c( � F ee eo. "Se e Revers :eo re. PC)staj SerVice,,m ,® ■ CEIT•+ ■ e r I . • .. o .•. CO ru Ir- - M "Err .Al •=E F I •� A L ' o Postage $ $0.45 0956 0 Postage $ ru $2.95 Fes $2.95 r � ru Certified Fee ark ru Retum Receipt Fee r C3 Retum Receipt Fee (Endorsement Required) $2. Endorsement( Required) Restricted Delivery Fee �f ^ 7 Restricted Delivery Fee CP ID (Endorsement Required) $Q. 0 61 O (Endorsement'Required) •� f`- Total Postage&Fees $ $5. 1211897? a Total Postage&Fees $ I3 S�nf Tom p-r Sent To e A o /� e 9 Gl k=1: _ 1_5�11 ----- ............. ... C3 srieeef.4p J`l/----"- L`rs ---------------------------`-- --- -- ----- -- p Street Apt a; � t.A7o.; - (�- or PO Box No. �- �®� or PO Box, or - r- City, we�P+4��I- go 1/` ,r I,' `I fJ"� City State,ZlP- :ee eo. bu-:ee CZ ee. air •• o rul (bomestic;Man (r . r Ln rn i 'I rn. aA6147CIAL I o Postage $ $0.45 0956 t 7 0 Postage $ $0.45 ru Certified Fee $2.9 4 -1 C7C3 Retum Certified Fee A $2.95 M (Endorsement Required) $2 n��"°�' erg j O Retum Receipt Fee C P He f� f 0 (Endorsement Required) $2. Restricted Delivery Fee e [] C3 (Endorsement Required) $0 Restricted Delivery Fee V �f p (Endorsement Required) $0.00 vp Total Postage&Fees $ $5. A 2/1 / tti ra NIVI —0 Total Postage&Fees $ $5.75 1 O Se t To / ) �'_ f A.�? J- f�---=----.�t x_� .� __- p Sent c�• h+C to 2l p Street,Apt No.- � �fvt e,5j` -�--- - ,�`_�:�'--..__ or PO Box No. x _ C] Street,Apt.No.; Q or PO Box No. /- A r crty,state,ziP+a p- ..� —�=�---- --"====�K�'�.-•---------i---- ---------- � -i Ahl u) 01�t/'�D (K !I q 5� ctty state:ZrP+41 1 i p i'i q • G 7IA :ee ee. � I` :oo ee. .......... NEW SUFFOLK WATERFRONT FUND creating the future of our waterfr0 n! PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: -Po Box We W Sa rroolk --Po-BOX 3 J-al Aleu),YUP-P-o(k AJX j/ PO KX. 6/'P Pew i)7,-941 &®� /) PY9 ,&Veld ids7Y Il l '2496 4V Id -5 IJAJdler,-K P0 &O 1/7-4- 3 lqffe y) du Fro i/-(rls A i tl,- 4`7—aTmA) —TO 16ok- 6�5- /1 V�a)Sa)7,- At 11 q 6%1 7 V/ j. deo" 9&e P(auk PO .1-3 0-\/6 ,61-tile 8:- )4 �J-a,#Wesq* JaaEle- h4oe r-ele- .41,9 4aey 4jg�j lye F olkf5u.c-roe. er Ne-)v1j)ervy )17 r /17, '-q- 36W-)eod-o,5ius \lic-rc)eiez 'jDa STATE OF NEW YORK COUNTY OF SUFFOLK b ,residing at 6L la-1 A) SUM)l K, a V being duly sworn,deposes and says that on the ?Ch day of eCel4beg.20 /Zdeponent mailed a true copy of the Notice set forth in the liesf-T-fqq Application,directed to each of the above namedii — Z.—14 pp persons at the addresses s t op osite there respective names;that the addresses set opposite the names of said persons are the address of said persons as shown on the current !' assessmElen t oll f the Town of Southold;that said Notices were mailed at the United States Post Office at that said Notices were mailed to each of said persons by CERTIFIED MAIL/RETURN RECEIPT. ��� vi is H A, i; Sworn to before me this I 0 Day of ,20 Notary Publio SN-41ORM BERP11Y. Notar/ Ow i"Vtj Term&P.wes Deter'*01 PO Box 146, New Suffolk, NY 11956 ❖ www.newsuffolkwaterfront.org ®• m ® e ® ® ® w Ln • qD •e ® . o o- e s C3ru CrQ'" . �4A TTU i(e ru t 11 5? 0%0 I A L UAIS!"E'A7 rn 56 L U SE —0 M6 per• C3Posta9e $ $a.�f5 o Postage $ $0y5 0956 0 , Certified Fee $2.95 02 rl.l Postmark / J' to Certified Fee $2-95 02 Postmark C3 Return Receipt Fee Here a C3 Return Receipt Fee ®L`K re C3 (Endorsement Required) $2• ��� E3 (Endorsement Required) $2,35 �- C3 Restricted Delivery Fee C3 r (Endorsement Required) Restricted Delivery Fee V, 0 (Endorsement Required) $0.0 � (�- } &Fees $ 5 1] Total Postage .I1 Total Postage&Fees $ orq ``i2/18 20�2 f ra � Sent To C3 %_j,2,Rj>j._.t.•-C1C./��£: CJ- -. " p - ^----- a Street,Apt. � -------------�--- �.�S�- or PO Box No�(..� — J.✓!1._ /� --�-----•------------------------- Street,ApL No.; J 1' 1`- _... - �J or PO Box No. - St • - SECTIONON Signature �� � ent ■ Complete items 1,2,and 3.Also complete ressee item 4 if Restricted Delivery is desired. �.-. ' ;_Print your name and address on the reverse w C.;Date Delivery so that we can return the card to-'you. g (Printed d. am , ■ Attach'Ahis card to the back of the mailpiece, L or on the front if space permits. D. Is delivery address diffe m item�� - if YES,enter delivery ad low:' `�° 1. Article Addressed to: pC��O r ! , ©C� u Vc 6L a 5l S © tl f�� O 3. Service Type `� Certified Mail ❑Express Mail 'a ❑Registered ❑Return Receipt forMerchanuisc , N„ ❑Insured Mail ❑C.O.D. �lJ cJ 4. Restricted Delivery?(Extra Fee) CJ Yes 2. Article,Number i 7 p ID 1670 0002, 0063 3165 (transfer from senilcelabeQ _ _ ______ ,uzoU07o2.M-1540; Domestic Return Receipt PS Form 3811,PebruarY 2W.4 COMPLETELIVERY THIS SECTIONON . • • ■ Complete items 1,2,and 3.Also complete A. Sig at re Ag nt item 4 if.Restricted Delivery is desired. �( d essee ■ Print your name and address on the reverse C.''ate elivery ' so that we can return the card to you. B. Received by(Printed e) ■ Attach this card..o,�t to back of the mailpiece, or on the front if,space permits. D. Is delivery address different°#�o ®rn- es a 1. Article Addressad`tot` If YES,enter delivery addres ° WO e (� 3. Service Type Mail ❑Certified Mail ❑Express Ma ❑Registered ❑Return Receipt for Merchandise - ❑in Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1670 0002 0063 3158 (transfer from service label,— 102595-02-M-1540 i Receipt 2 NEW SUFFOLK WATERFRONT FUND creating the future of our waterfront _ PROOF OF MAILING OF NOTICE � ATTACH CERTIFIED MAIL RECEIPTS F: F Name: Address: ! ��� xF 4,sT � IF 4 ! 1JI l I ,!F STATE OF NEW YORK COUNTY OF SUFFOLK i � � 1 h j i4 /"l ae d ,residing at J1� i� �,( ® r k being duly sworn,deposes and says that on the day of 1 Cc ,P ��,201 deponent mailed a true copy of the Notice set forth in the Application,directed to each of the above named is persons at the ad r s o . to there respective names;that the addresses set i opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post ! Office at ,that said Notices were mailed to each of said persons by f CERTIFIED MAIL/RETURN RECEIPT., €i Sworn t efore me this Day of ,20_ Notary Public i SMWA Notary Public,&C 41 NO pt'�"W44-�313 . „.°IJ� �Uc' idea I11 eUi4vt wll E i _ 1 p PO Box 146, New Suffolk, NY 11956 ❖ www.newsuffolkwaterfront.org ®• - ® • • e- • s•o ru M - r • • ,j r m m CRC` ' c AR hrw I A L U .n o Postage $ $0.45 0956 fu Certified Fee $VAA kRetum Receipt Feer3 (Endorsement Required)dRestricted Delivery Fee0 (Endorsement Required) $Total Postage&Fees $ rl Sent To --- --- r3 Street,Apt.No.; /J (' �. or PO Box No. f'I C�0% 9 a City State.ZlP+ -------- ---Q-1--. .. � t ---- 4 (� e do/s_'aL �1- 339%0 • ■ Complete items 1,2,and 3.Also complete . Signatu item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse _ a4ddressee so that we can return the card to you. Received by(PHrIfed Name) C. Dptte of Delivery ■ Attach this card to the back of the mailplece, 2 t-1 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ZrNo I� 01al) /a Po 6°,x 3 y ' �S� . Service Type n/ ❑Certified Mail ❑Express Mail `" ' ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. r 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number . (Transfer from service label) 0 yo 16-7 p ❑0 0 2 29 53 PS,Form'.3811 i,February,2004`�';'t. omestic,Return Receipt 102595-02-M-1540,i COMPLETECOMPLETEI SECTION • DELIVERY ■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. t' A. Si t � "�� ■. Print your name and address on the reverse XTddressee i so that we can return the card to you. B. Re I d y( 'nt d ame) C. ate'of Delve ■ Attach this card to the back of the mailpiece, y 7 aim^ or on the front if space permits. D. Is delivery address different fr i m 1? .13 Yes 1. Article Addressed to: If YES,enter delivery address, ❑No C' ba l'11 4 pe�rl ''Q- fv 8 C) 3. Service Type ❑Certified Mail ❑Express Mail [3 Registered ❑Return Receipt for Merchandise � R ❑Insured Mail ❑C.O.D. ,l 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 p 10 1'�6 o do 68 'D E�3'. 2i9 7�7!� (Transfer from service label) t PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (N e of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- [ 1-7 62 - U COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, Id(AnVl,l' 710-cr residing at 27v HLy-la6y New York, being duly sworn, depose and say that: On the -L�Mday of G , 201 Z, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be 4a-AA l (Signature) Sworn to before me this ALBENA MITOVA 9,Day of�o,� , 2011 NOTARY PUBLIC-STATE OF NEW YORK No. 01 M16249841 \ \ Qualified In Suffolk County My Commission Expires October 11. 2015 (Notary Public) i * near the entrance or driveway entrance of my property, as the area most visible to passerby. I i SECTIONSENDER- COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A. Signat rre item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X� ❑Addressee so that we can return the card to you. 9-Received b Tinted lAylar, C. Date of Delivery ■ Attach this card to the back of the mailpiece, C 1 � or on the front if space permits. l D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery;address below❑No o Id o -Boy,y J V .� 3. Service Type �--' e ❑Certified Mall ❑Fx�ce aif 1� a � ❑Registered ❑Return Receipt for Merchandise a (l?g ❑Insured Mail ❑C.O.D. v u o L`4 �� -71 4. Restricted Delivery?(Extra Fee) [IYes ❑ , ❑ ❑ El o_ 2. Article Number•. (rransfer•from service iabeq _ 7010 ],6 7 9;9 v Eu nj PS Form 3811,February' 2b04` Domestic Return Rec540� E yE CL IMSENDER: COMPLETE THIS s ?� ■ Complete items 1,2,and`3:Also complete A. Sig ' a aCOMPLETE THIS SECTION ON DELIVERYitem 4 if Restricted Delivery is desired. ,■ Print your name and addresp,on the reverse X� ee w ci ¢ C N o a so that we can return the CaYd to you. B. Recei by(Print d Name) C. Date of Delivery D N } ❑❑❑ OC ■ Attach this card to the back of the mailpiece, by �� m - co .o or on the front if space permits. D. Is delivery address different from item 1? ❑Yes e 1. Article Addressed to: If YES,enter delivery address below: ❑No �J rl c I of ^n rs er Q G r C o � a) OE p © box( 31a �:�S >'Q 3. Service Type o 0 0� , �y . S w _ ❑Certified Mail ❑Express Mail U.) m-"4g -I 0 f ❑Registered ❑Return Receipt for Merchandise > m L 01 o ❑Insured Mail ❑C.O.D. = CU a U a 4. Restricted Delivery?(Extra Fee) `� o E� ca ca 2. Article Number 0 a) --o ro ° '�' (,c.; *�j Z Li 7010 1670 0002 0063 2960 C� (Transfer from service labeq N W 0 o _ Sia) N,t p r PS Form 3811_;February 2004 Domestic Return Receipt 102595-02-M-1540 i� 0 3:E L o Y CC) E�s c°a o � c .E t o o ra U rdg o u- COMPLETE • •MPLETE THIS' SECTION ON DELIVERY ■ ■ ■ Complete items 1,2,and 3.Also complete A. ignature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B.A�celveidby(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. w D. Is delivery a ress different from Item 1? ❑Yes 1 1. Article Addressed to: If YES,enter delivery address below: ❑No C Ce po �oX 3s � - 3. Service Type ' /� ❑Certified Mail ❑Express Mail I ID \�® `(LKZ® ❑Registered ❑Return Receipt for Merchandise / ' I° s ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I ' 2. Article Number 7010 1670 0002 0062 9915 (Transfer from service label i PS Form 3511,February 2004 Domestic Return Receipt 102595-02-M-1540; BOARD MEMBERS — Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SO(/jyO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. .� Office Location: Gerard P.Goehringer = Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider olif'COUf Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 3, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53096 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JANAURY 3 . 2013: 11:20 A.M. - NEW SUFFOLK WATERFRONT FUND, INC: - #6617 - Request for Special Exception per Article Xlll Section 280-55 (B) 1 to operate a restaurant in a Marine II (MII) District, located at: 650 First Street (corner Jackson Street, Main Street) (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not-start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, .please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: December 10, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 63095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net December 10, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday, January 3,2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before December 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible; AND not later than December 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and ` provide the card (when available). These will be kept in the permanent record as proof of all i Notices. 2) Not Later December 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not .more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign. is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 31, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). I Very truly yours, Zoning Appeals Board and Staff Ends. i Office Location: ��OF SO(/jy� Mailing}Address: tiO l0 53095 Main Road Town Annex/First Floor,Capital One Bank Jxt P.O.Box 1179 54375 Main Road(at Youngs Avenue) Southold,NY 11971-0959 Southold,NY 11971 �O http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 November 20, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6616 & 6617 Owner/Applicant : NEW SUFFOLK WATERFRONT FUND, INC. Action Requested: Subdivision/lot line change, second use on parcel, marina & restaurant. Within 500 feet of: ( ) State or County.Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie . Weisman ZBA h irper on i By: _. Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : NEW SUFFOLK WATERFRONT FUND , INC . # 6617 SCTM # : I 000= 1 17=--8= 1 8 VARIANCE : SPECIAL EXCEPTION REQUEST: RESTAURANT MARINA DATE : THURS . JAN . 3 , 2013 11 :20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 Office Location: so Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 Q Southold,NY 11971-0959 COUNTY,�� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 November 20, 2012 Mark Terry, Principal Planner _--_- - LWRP Coordinator Planning Board Office � NOV 2 2012 Town of Southold ! _J Town Hall Annex .Southold,NY 11971 -- --- Re: ZBA File Ref. No. #6616 & 6617 NEW SUFFOLK WATERFRONT FUND, INC. 1000-117-8-18 & 19 Dear Mark: We have received an application for a subdivision/lot line change, and a Special Exception for second use on parcel #1 for marina and restaurant. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie eisman Chai rso By: Office Location: ��SB�� Mailing Address: yol Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 �Q Southold,NY 11971-0959 C4UNT`I,� http://southoldtown.northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD TeL (631)765-1809 Fax(631) 765-9064 —_-- - MEMO TO: Planning Board NOV 20 2012 FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 20, 2012 SUBJECT: Request for Comments ZBA # 6616 & 6617 NEW SUFFOLK WATERFRONT FUND, INC. As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and. latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA ZONING REQUEST SURVEY PREPARER ZONE CODE DATE STAMPED NEW 1000- 6616 Article Subdivision/lot July 5, Barrett SUFFOLK 117-8-18 & XIII, line change & 2012 Bonacci & WATERFRONT & 19 6617 Section Special Van Weele, FUND, INC. 280-56 Exception for PC marina & restaurant Your comments are appreciated within 30 days . Thank you. Encls. BOARD MEMBERS of SOur Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 543.75 Main Road(at Youngs.Avenue) Ken..Schneider I�COO Southold,NY.119.71 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 March 5, 2013 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Special Exception#6617—New Suffolk Waterfront Fund, Inc. Dear Ms. Wickham: Transmitted for your records is a copy of the Board's February 28, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, final site plan approval is necessary. Please be sure to submit a copy of this determination to the Planning Department. If you have any questions, please call the office. Sincerely Vicki Toth Encl. Cc: Planning, Building Dept. e a ."+. 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