Loading...
HomeMy WebLinkAbout3938 WW1 P APPEALS BOARD MEMBERS ,p.^y, .. �r ' �+ SCOTT L. HARRIS ` � ' Supervisor Gerard P. Goehringer, Chairman ;?.., �- Charles Grigonis, Jr. ` °°'; Town Hall, 53095 Main Road Serge Doyen, Jr. r P_O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD_ OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION 'OF THE BOARD OF APPEALS APpl. No. 3938: Matter of .the' Application of VILLAGE MARINE for Variances to the Zoning Ordinance; Article XI, Section 100-112, Article XII, _Section 100-111C(1) , Article XXIII, Section 239.4, and Article XIX, for permission to construct addition to existing principal building with insufficient setbacks from the bulkhead, the easterly (rear) property line, maintaining the nonconforming northerly (side) setback, and to .locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side), westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I) . Property location: James Creek, east side of Bay Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 15.1. At a Meeting of the Zoning Board of. Appeals held on November 29, 1990 the following action was taken: WHEREAS, the Board has carefully considered all testimony .. and documentation submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are —familiar with the premises .in question, its present zoning, its previous zoning, and the surrounding areas; and WHEREAS, this project has received conditional approval from the Southold Town Trustees and has received a Negative Declaration under the N.Y.S. Environmental Quality Review Act (SEQRA) by the Town Trustees for this project; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests variances to the zoning code as to area setbacks in the proposed: (a) removal of an existing 36' by 26' metal building presently located at the rear {east} of the principal building and in Page 2 -Appl. No. 3938 . Application of-VILLAGE MARINE Decision Rendered. November 29, 1990 place thereof a proposed 60 ft. by 40 ft. addition, and (b) proposed boat rack of a size 11 ft. by 102 ft. (1122 sq. ft. ground area) . The outside area- of the site, as well as the existing metal building,, has been used for the service, maintenance and/or repair of boats docked at the owner's marina facility, and the addition would. encompass the same activities. The boat rack is proposed to- compactly store boats which are presently stored for service. or repair about the site. The placement of .both the addition .and. the boat rack storage structure will not meet. the current requirements of the zoning code as provided under the landscaping or parking requirements and for which relief is also requested. . 2. The premises in question is located on the easterly side of Bay Avenue in the Hamlet of Mattituck, Town of Southold, contains a total upland area of approximately 23,645 square . feet, and total area as shown on the Suffolk County Tax Maps and assessors records of 39,640+- square feet. 3. The subject premises is located in the Marine .I (M-I) Zone District and is and has since prior to the enactment of zoning in 1957 been used for outside boat storage, as well .as marina uses, retail uses, engine and boat repairs, servicing, maintenance, sales to the general public, incidental office use, and other related marina uses, and uses accessory thereto. 4. The premises is bounded on the north by a gasoline service station: on the west by a town road (Bay Avenue) and opposite Bay Avenue, a bank; on the east by a real estate office located in the General Business (B) Zone District and partly by a right=of-way which is . in the R-40 Residential Zone District; on the south by the existing marina at James Creek. The gasoline station abutting the premises on the north side is also located in the Marine .I (M-I) Zone District as well as that area abutting to the south of the subject parcel. 5. The building addition and the storage rack, as proposed, are shown on the site plan prepared by Glueckert and Wieber, Architects, lastly dated October 18, 1990. The setbacks for the proposed addition are: (a) 28. 6 feet at its closest point to the south along the tie line along wood bulkhead; (b) 48+- feet at its southeast corner to the tie line along the wood bulkhead; (c) at 3. 0 feet, maintaining the same northerly side yard setback as the existing building(s) ; (d) 20+- feet . to its closest easterly rear property line; (e) 63+- feet. to the furthermost easterly property line, along land referred to as "R-O-W. " Page 3 -Appl. No: 3938 Application of .VILLAGE MARINE Decision Rendered. November 29, 1990 . 6. . .The principal building and 36' by 26 ' metal building, are shown to be set back, as exist since prior to the enactment of. zoning: (a) . from the. .southerly 'bulkhead 28+- feet at their closest points (both addition and metal building) and 42+- and 48+- feet at their furthest setback. points, metal building and addition, respectively; (b) from the northerly side property line at 3+- feet at its closest point; (c) from the westerly front property line 32+- feet at its closest corner; (d) from the easterly property line at its closest point 80+- feet; 49+- feet to the existing metal building from the easterly property line. 7. The upland area of the site is unique in configuration, size, and character, and contains a smaller upland lot size and width than as provided in the current zoning code for total lot size and width. It is noted that although there have been seven parking spaces provided for the current uses and building area on this site; and the Master Plan regulations, as amended January 9, 1989 provides for different methods of calculating the number of parking spaces and the landscaping areas for .newly established businesses or new uses. Any business, building or uses which have not been established prior to these amendments would apply under the new regulations, and those that have . preexisted these regulations are permitted to continue without a mandate to comply with the new regulations, provided there is no expansion or modified use. 8. It is the position of this Board that: (a) the addition to the existing principal building is not an expansion of the existing use, nor is it a newly created use, since the addition will be used by employees providing the same services and repair activities which have been conducted at the site in both the existing metal building and outside of the existing building areas and as each relates to the established marina and boat storage uses; (b) the addition to the existing principal building, as proposed, is an improvement that: 1. will provide a protected and heated area for the employees to service and make repairs; Page 4 -Appl.. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 8 (b) . 2. will provide for the discontinuance of repairs in open areas at the site, and these open areas will now be made available for a reduction of congestion and provide better maneuverability and efficient and safe circulation for vehicles and pedestrians, and for parking which was not previously available to the same degree; 3. will make provision for a better parking plan and for increased landscaping, which presently is not provided, and will encourage customers to park on-site rather than along Bay Avenue; 4. will provide all runoff or discharge into drywells or catch basins to prevent runoff into James Creek; (c) the uses and the property as now exists, and has existed in the past, do not violate zoning, have been legally established at the site, and are not prohibited under the zoning regulations from continuing; (d) although the Master Plan and- Zoning Amendments were adopted subsequent to the establishment of this property and its uses, there is no question in this Board's view that the uses are conforming uses under the current zoning regulations. 9. In considering the application for the building addition to house existing activities without an expansion of use or boat storage area, the Board finds that: (a) the setbacks of the addition, as proposed, are not excessive as compared to the existing established setback to — the bulkhead at the southwesterly corner of the principal building; however, the relief in relation to the current zoning regulations, as amended, is substantial as to the total requirements; (b) the unique characteristics of the land and its limited buildable upland area lend to the hinderance of obtaining town approvals without variances; (c) there will not be an increased intensity of use at the site; Page 5 -Appl No. 3938 Application of. VILLAGE MARINE Decision Rendered November 29, 1990 9. (d) if the variance for the addition were not granted, the. same uses and services are allowed to continue and the effects of limited parking and landscaping or aesthetic effects on the surrounding area mould not be enhanced except by voluntary abandonment by. the property owner over which the town has no control; (e) — the addition will not; in the board's view, be harmful aesthetically or be substantially adverse to public health, welfare or safety of the community. (f) strict compliance with the zoning ordinance, as amended January 9, 1989 .in the Master Plan Update, will cause practical difficulties since there is no other alternative to pursue, without a variance; . (g) the relief, as alternatively granted, is not unreasonable and is. the minimum necessary; (h) the relief, as alternatively granted, will not alter the essential character of this waterfront business and residential community; (i) attempts to improve the utilization of the premises are hindered due to the unique characteristics of the land; and sufficient proof has been demonstrated to show practical difficulties in the use and proposed improved development of his - property. necessitating the variance for the subject proposed addition;. (j ) the interests of justice will best be served by . granting a variance, as alternatively noted below, for an addition to the proposed building. (k) the continued use, within the proposed building addition will not adversely affect the safety, health, welfare, comfort, convenience, and order of the town; (1) the addition and its use thereof are both in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to DENY WITHOUT PREJUDICE, the relief requested for an unenclosed boat rack storage structure of a size 11.0 by 102.0 feet, as applied; and Page 6 -Appl. No. 3938 Application of VILLAGE MARINE Decision. Rendered November 29, . 1990 RESOLVED, to alternatively-APPROVE a 60 ft. by 40 ft. addition to the principal .building, with reduction under the landscaping and parking regulations of the zoning code and as more particularly shown on the plan. prepared by Glueckert & Wieber, Architects, lastly dated October 18, 1990, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setbacks shall not be less than that applied for and shown on the October 18, 1990 plan; . 2. Ten (10) on-site parking spaces shall be provided, which must remain open and- unobstructed at all times, and each. stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who abstained in this matter. ) This resolution was duly adopted. .A S DINIZIO, JR. CHAIRMAN PRO TEM RECC EIVED AND FILED BY.fl. THE SOU171OLD TO;"►Zi CM,ME, DATE `n/ /° Town Clerk, Town o APPEALS BOARD MEMBERS SCOTT L. HARRIS ► .:, .�. Gerard P. Goehringer, Chairman "= '`� Su rvisor ' Pe Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823. Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE- OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MAY 15, 1990, at the following times: 7 : 30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A. 4 ( 100-33) for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location 625 Terry Lane, . Southold, County Tax Map No. 1000, Section 65, Block 1, Lot .23. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 7 :35 p.m. Appl. No. 3937 - PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, Lot 57 . 7 : 40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239 . 4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff . Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11. 1. 7 : 45 p.m. Appl. No. 3934 - JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII , Section 100-239 .4 A(1) , for permission to construct addition to one family dwelling. =Proposed construction will be less than 100 ft. from the top of the bluff . Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13 . Page 3 - Notice of Hearings Southold Town Board Regular Meeting of May 15, 1990 7 : 50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance to the Zoning Ordinance, Article XXIII, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County Tax Map No. 1000, Section 019, Block 01, Lot 5 & 6. 7 : 55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E) , for permission to install an off-premises sign. Property Location: 43600 County Road #48, Southold, County Tax Map No. 1000, Section 063 , Block 01, Lot 1. 6. 8: 00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C) , for permission to construct an off-premises sign. Off-premises signs are not a permitted -use in this district. Property Location: 69435 Route 48 & ,55 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, lot 8. Page 4 - Notice of. Hearings Southold Town Board of Appeals Regular Meeting`May 15, 1990 8: 05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a temporary tent for cultural events. Proposed tent doesn' t address this condition in A-C Zone District. Property Location: 18910 County #48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4 . 3 . r 8: 10 p.m. Appl. No. 3929 - VINCENT ANNABEL. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have an accessory apartment. Property Location: 4300 Stillwater Avenue, Cutchogue, County Tax Map No. 1000, Section 137, Block 2, Lot 21. 8:15 p.m.- Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239. 4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, County Tax Map No. 1000, Section 014, Block 02, lot 3 .5. 1 Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:20 p.m. Appl. No. 3939 - GEORGE SCHNEIDER. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insufficient sideyard setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. 8: 25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A. 4 ( 100-33) , for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. 8: 30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance to. the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business r area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 10001 Section 125, Block 01, Lot 19.7 . Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:35 p.m. Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51 . 8: 40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21. 6 & 21.7 . 8: 45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article . XXVII, Section 100-281 ( 3) , as disapproved, for permission to :construct additions and alterations to garage with apartment._ Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of . Property -Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Y F Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8: 50 p.m. Appl. No. 3938 - VILLAGE MARINE. Variance to the Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)l, Article XXIII, Section 239. 4, for permission to enlarge preexisting marina building and install boat rack (outside) . Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot 15.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For' more information, Please call 765-1809. Dated May 8, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda r APPEALS BOARD MEMBERS SCOTT L HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. �; Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF .APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by -the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971 on WEDNESDAY, SEPTEMBER 26, 1990, at the following times: .7:30 p.m. Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory structure . (gazebo) in an area .other than the required rear yard. Property location: 495 Bayview Avenue, Southold, NY; County Tax Map No. 1000, Section 052, Block 05, Lot 23. z= . Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:35 p.m. Appl. No. 3962 - HAROLD GORDON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as sapproved, far -permi ssian to construct an (deck) addition to existing residence. Proposed construction will have insufficient side yard setback(s) . Property Location: 124 Hickory Avenue, Southold, County Tax Map No. 1000, Section 78, Block 7, Lot 50. 7:40 p.m. Appl. No. 3966 - PETER BLOOM. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , as disapproved, for pp permission to construct a deck addition to existing dwelling. Proposed construction will have insufficient side yard setbacks. Property location: 40 Old Shipyard Lane amd '580 L'Hommedieu, Southold; Cq�mty Tax.Map No. 1000, Section 64, Block 2, Lot 53. 7:45 p.m. Appl. No. 3964 - KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B(14) , as disapproved, for permission to establish accessory apartment in proposed addition to existing one-family dwelling structure. Property location: 3305 Aldrich Lane, Laurel, County Tax Map No. 1000, Section 124, Block 1, lot 3.2. z� . Page 3 - Notice of Hearings, Southold Town Board of Appeals Regular Meeting of. September 26, 1990 7:50 p.m. Appl. No. 3967 - KIM CAMPBELL. Variance to the Zoning Ordinance, Article III, Section 100-33 , as disapproved, for *-missi.oa to ranstrvct accessory garage is an area other than the required rear yard area. Property Location: East End Road, Fishers Island, NY; County Tax Map No. 1000, Section 004, Block 004, Lot 016. 7:55 p.m. Appl. No. 3963 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4 (100-33) and Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct an accessory building in an- area other than the required rear yard area and with a setback of less than 75 ft. from,.the bulkhead. Property Location: 780 Haywaters Road, (Peconic Bay Properties Subdivision),, Cutchogue, County Tax Map No. 1000, Section 111, Block 1, Lot 16. 8:00 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for approval of insufficient area, width and depth of parcels, each with an existing single-family dwelling, in this pending division or reseparation of merged properties, and for Ls . Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 approval of reduced yard setbacks between existing structures and property Sines, as proposed_ Proposed construction of new lots will have insufficient width, depth and total lot area for this district. Property Location: Private Road of Fox Avenue, Fishers Island, County Tax Map No. 1000, Section 06, Block 06, Lot 07. 8:05 p.m. Matters of JAMES, PETER & CHRIS MESKOURIS. Appeals No. 3951 and 3957 - Variances to the Zoning Ordinance, Article IIIA, Section 100-30 A.3, Article XXIII, Section 100-239.4 (100-239d)', and Article III, Section 100-31A, for proposed deck construction which requires approval as to insufficient., s�deyards, excessive lot coverage, and reduced setback from the minimum req ired,from the, ordinary highwater mark of Long Island Sound, and for approval of this substandard _parcel for dwelling use -Las exists) (re-separate lots that are merged) . Property Location: 1350 Sound Beach Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot 37. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 8:20 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCH 0- Variance tm the Zoning Drdinance, Article 211 A, Sections 100-30A.2 (100-31A) and 100-30 A.3, Article XXIII, Section 100-230 (A) , for interpretation regarding second kitchen and for permit concerning addition to the existing one-family dwelling for use as a second dwelling unit. Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37. 8:55 p.m. Appl. No. 3938 - VILLAGE MARINE. Variances to the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 100 111C(1) , Article XXIII, Section 239.4, and Article XIX, for permission to construct ,�ddition to existing principal building with insufficient setbacks from the bulkhead, the easterly jrear) property line, maintaining the noncnnfnrming northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side) , westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: . Marine I Property location: James Creek, east side of Bay Avenue, Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 Mattituck, VY; County Tax Map Distriet 1000, Section 122, BInck 3 , Lot 15.1 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September 6, 1990. BY ORDER:OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRSNGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS SCOTT L. HARRIS %WO` Supervisor Gerard P. Goehringer, Chairman . Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURR.ARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: . R-40. Location of Property: 370 Uhl Lane, Orient, NY; -Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR. , Owner) . Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, S Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location -of. Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMER. Variance to the Zoning Ordinance, Article XXIII, Section 239. 4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9) (E). for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8: 00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed .Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane) , Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23 8:05 p.m. Appl. No. 3977 - BETTY J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this ;- R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road) , Southold, NY; County. Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC) . Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8: 45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. No. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written' comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . s . . . a.9. . . . . ., 19 .20. . To •. . � .lc /. 8. . . .Q Qd. . C: . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . ., 193.Q. . for permit to 0okg6. AAA. --. ?4-4. :47. . 4a •. .J ' °` '". . :� � �. at II , Location of Property 1.7, . . .3° . . ate... . . . . . . . •"•}4► c,A-. . . . . . House No. 1 Street Hamlet County Tax Map No. 1000 Section . . . .1.Z-Z . . . . . Block . . . .O 3 . . . . . . Lot . . is% . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .QA,594- ? ARC; I pr.' .1�r'.^�•� . .Qa:�a: . 0.�.Air.1?4li.IG.n_q � . .�i.�.�:�-. .��, . ,•�, , e.,,�.t'�tY. ./ c�'°. . .�1(�C..).�, . � U 1UIV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . ... . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . u,Mc ng Inspector RV 1/80 RECQIVEID -' ' 2OIPI TOWN OF SOUTHOLD, NEW YORK ;NCR 05 1990 �3� APPEAL FROM DECISION .OF BUILDING INSPECTOR APPEAL NO Southold Town Clerk. DATE . S . . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Village Marine ,(by Charles R.ofCuddy as Attorney ) , Box 1405 , 1, (We) . . ....... .............. .::.... .......................... ............ . .. ............................. Name of, Appellant Street and Number M at t i u c k , P,3 Y 11952 .,NY,, , ,,,,,,,,,,,,,,HEREBY APPEAL TO .......................................................Municipality................. State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT. NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO . ...as...At."Lo.r.np.y....f.ar Village Marine Name of Applicant for permit of �. Ft i...e r h a.�.�. .N.Y .:..).:l�.Q 1.................................................... �Street and Number ° Municipality State ( ) PERMIT TO USE ( ), PERMIT FOR OCCUPANCY ( X) Permit to build (by letter dated. 3- 15-90 ) 1. LOCATION OF THE PROPERTY „Eas,t., Si,de ,off Bay Avenue., Matti ..uck,,..: �I- I„ Street /Hamlet / Use District on Zoning Map District 1000 Section 122B1ock3 Lot 15 .11urrent Owner :........................................................... Map No. Lot No. Prior .Ow n e r 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI Section 100- 112 and Section 100-239 .4 3. TYPE.OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. (to be furnished ) Such appeal was ( ) request for.a special permit ( ) request for a variance andwas made in Appeal .No. ....................... . .....Dated ...................................................................... REASON rv�c APPEAL ►...L - ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the' Zoning Ordinance is requested for the reason that variances are necessary in order to construct addition and storage rack•; i .e . rear yard setback , setback from existing bulkhead , and setback from right-of-way , all as depicted on the site, plan and topographical maps submitted herewith . Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary-HARDSHIP because : (a ) there is no' alternative location on this site for any type of building construction that would not also required variances ; (b ) the property owner would like to improve his property and better facilitiate and utilize the activities permitted in this M- I Marine Zoning District . 2. The hardship created, is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the subject premises is located i,n the M- I Marine District with frontage along James Creek and Bay- Avenue and abutting lands used commercially . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area is of a commercial and marine nature and the building construction proposed by this variance application would allow the services for this marine to be conducted in an .enclosed building and would allow more open upland area for maneuverability of vehicles and boats . STATE OF NEW YORK ) y:�-��...��. ss ...... ............................ COUNTY OF SUFFOLK ) Sir ' CHARLES R. CUDDa Attorney for Village Marine Sworn to this ........2.1 5A............................. day of..........MAr.ch................................... 1990 6 iJ �1rrlrM� Notary Public 7-o"u' � OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT 'Al (/C if OW; ;�_R 11�gr �.jardJ f oo s E ACREAGE J ; S W TYPE OF BUILDING C�_e-�. - r F-1 c�b..r9 RES. — SEAS. VL. '- FARM COMM. I IND. I CB. I MISC. I LAND IMP. TOTAL DATE REMARKS r l -- ! . . �"�•� /2��/�� �,n-c.� ��.7� / C//l7 3l/ 13ear r2_15 ► �t �' 4�? '�' `7 ��F �.1 � 10 57C� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre 'Value Per Acre. Value Tillable 1 t Tillable 2 Tillable, 3 Wcodland -:jwampland Brushland House-Plot Totes I � TOWN_OF SOUTHOL® PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT -SUB;.. LOT TS) , - �/� ) __,_ !T' �' 7�--" f C� FORMER OWNER N E ACREAGE , S W' TYPE OF BUILDING r RES. SEAS. VL. FARM comm. %'� ' IND. I CB. FM1 SC. I < . LAND IMP. TOTAL DATE REMARKS Q ` bG �.�oo d%. S� /3 C r, .i�/ J ({ 1. �O /O �� ;' ti�,i/� GO /;i r. . . �; /• !, it 2-� � V !� U V U _ / .x /. f +iA ' is ,If .�'•' i'" AGE BUILDING CONDITION c� NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland B rush i6hd`"-- House Plot Tota I 4 r I , ��ILL,4GE �.AARINE �? _� ImmttLlNttttttpNry�' / _ , j M. Bldg. Foundation � �'I ,1 I : Bath i o2b' �� c' Extension �- X / S'_ /Q., �- 9 y8 a S� 3 Basement ;..j o Floors C P W Extension Ext. Walls CI S/�F S °S Interior Finish N°y 3.0O /SD JD �S n c L. s Extension Fire Place Heat Porch Attic Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway O. B. a'?f,? J KR Fa-r K�r!gra l •Z= NIF WL)I�l NOf�G� TtL �h o. TEST BODE ^^*,/\Q : TE57 BORE e2 rc� far a / aI � Al2 JM Let,Gcer-k G 3p — —E="IiFiLI�(� F L,--rj ErI-.E r — of GfEEL': ah L�, s ro i� g_�R.iE•( E ( P•G� (na,.�� cN jJ�:F— I9•�� :�/ .��"�'-cam• ���� APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehrin er, Chairman :;. Supervisor Charles Grigonis, Jr. Serge Doyen. Jr. , - • ,[ Town Hall, 53095 Main Road ," Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. J BOARD OF APPEALS Southold, New York 11971Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SO UTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3770. C 'c� Matter of the Application of the PORT OF EGYPT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Ar is a XII, Section 100-121C- 122, Article XXII (Section 100-239D as disapproved by the Building Inspector) for permission to construct boat storage building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property location: Main Road, Southold, NY; County Tax Map District 1000, Section 056, Block 04, 06, L-ot 10':1, . 11, 12.2, 3.2, 3.3, 4, 6 .1. WHEREAS, public hearings were held on September, 21, 1989, December 19, 1989, February 1, 1990, and March 29, 1990; and 'WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present and previous zoning classifications, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: , i t - Page 2 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1 , 1990 1. By this application, applicant is requesting variances to the zoning code as to area setbacks for the construction of a boat-storage building for the inside storage of boats, of- varieus si-12s., ., ma•ny (Presently) stored at the premises out-of-doors and (presently) without appropriate screening or setbacks due to the existing nature Of the -buildings & uses of the premises under consideration. 2. The premises in question is located on the south side of the Main Road (State Route 25) in the Hamlet and Town of Southold, contains a total site area of 4.96 acres (216,058 sq. ft.) , and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 056, Block 4, Lots 10.1, 11, 13.2, and Section 056, Block 6, Lots 3.2, 3.3, 4, 6 .1. 3. The subject premises is located in the M-II Marine Zone District and is and has since prior to the enactment of the zoning ordinance in 1957beenused for outside boat storage, as well as marinas uses, retail and wholesale uses, engine and boat repairs, servicing, maintenance, sales to the general public, office use, restaurant use, fishing, and other marina and fishing station-type uses. and many accessory uses relative thereto. 4. The variances necessary in this project and requested by the applicant are as follows: (a) insufficient sideyard setback for the proposed building at the easterly yard area at a minimum of 15 feet, and (b) insufficient southerly setback from the proposed building to the inside of the bulkhead along the watersedge at a .minimum of 38 feet (40 feet, more or less, to the outer edge of the existing bulkhead) . 5. The sections of the zoning code applicable are as follows under the current zoning code and master plan amendments as adopted: (a) ' sideyard variance - Article XII, Section 100-122 and Bulk Schedule; (b) setback from bulkhead - Article XXII, Section Page 3 - Appeal No. .3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1 1990 6 . The building as proposed herein is shown on the .property and building plan lastly_dated April 11, 1990, and shows: . (a) the building to be of a size 203 feet by 125 feet; (b) the setbacks of the proposed building to be 15 feet from the easterly property line. at its closest point; 38 feet (to the bulkhead existing to the south (along the waters edge) ; minimum of 35 feet to the front property line at its closest point in accord- ance with the required setback of the code; and approximately 59 feet to the westerly line along the basin (c) the existing metal building, sheds, restaurant building, docks, bulkheads, concrete slabs, ramps, office and shop structure, and four existing buildings which are to be removed, as well as the proposed parking plan for all uses at the site. 7. For the record it is noted that: (a) the subject premises has been the subject of prior determinations by the Board of Appeals under: (1) Appl. No. 3086 rendered May 19 , 1983 - Denial to construct addition with an insufficient frontyard and for retail sales ; (2 ) Appl . No. 3481-SE and 3494 rendered May 28 , 1986 conditionally approving replacement of fuel storage tanks with .insufficient setbacks ; (3) Appl . No . 3525 rendered July 31 , 1986 fo.r Special Exception approval concerning location of fuel tanks . (b) this project is. also under consideration by the Southold Town Planning Board for site plan approval under Article XXV of the zoning Code, and as of this date, is still pending. (c) under the N.Y.S . Environmentai "Quality Review Act (SEQRA) , this action for area setbacks has been deemed to be exempt as a ,-Type II Action for coordination; however, such exemption does not prohibit or restrict any other department or agency to further evaluate or declare any other status under SEQRA. , P Page 4 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1 1990 7. (d) subsequent to the filing of this application, applicant has amended the application to eliminate the necessity for a variance as to excessive lot coverage and as to reduced front yard setback. The percentage of lot coverage for all buildings, existing and proposed, is shown to be 29.91/ (64,615 sq. 'ft.) , and the maximum permitted under- the zoning code in this zone district is 30%. (e) all other areas of the bulk schedule will be, upon informa- tion and belief, in compliance with the zoning code, including the height of the proposed building, that being the vertical distance measured from the average elevation of the existing grade adjacent to the building (before any alteration or fill) to the mean height between eave (s) and ridge for roof types other than flat or mansard (or to the highest point of the roof for a flat or mansard roof) . (See HEIGHT in Section 100-13 Definitions, and bulk schedule height limitation at 35 feet in this M-II zone district) . 8. In considering the variances requested, the Board finds: (a) the amount of relief requested at to the side yard is substantial at 10 feet; however the buildings now existing along the easterly yard area substantially nonconforming as to setbacks .will be removed, and the placement of the subject building will be at a greater setback than as exists; (b) the unique characteristics of the land and its present conforming uses (such as outside boat storage and related outside activities) lend to the hinderance of better maneuverability of boats, better accessibility, minimizing overall congestion, better interior circulation, better parking and traffic accessways, and general good order and safety; (c) there is no alternative available for appellant to pursue other than a variance; (d) the practical difficlties are uniquely related to the a' Page 5 - Appeal No. 3770 _ Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1 1990 land and are not personal to the applicant; (e) the relief, as granted and further noted below, will not in turn be adverse to the safelty, health, welfare, comfort, convenience or order of the town; (f) the relief, as granted and further noted below, will aid in minimizing overall congestion, help to improve interior circulation and aid to its general good order and safety of the public; (g) there will be no substantial adverse change in the character of this marine district; (h) strict application of the ordinance will, if the variance is denied, cause continued congestion and poor on-site circulation, and will hinder improvement to accessways for vehicles and pedestrians (without proper zoning restrictions and controls) ; (h) the variance will not in turn cause a substantial effect of increased density or be adverse to the safety, health, welfare, comfort, convenience or order of the town; (i) the existing non conformities of the existing buildings within the easterly yard areas will be eliminated; (j) in view of the manner in which the difficulty arose and in considering all of the above factors, the interests of justice will be served by granting the variances, as further noted below. NOW, therefore, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was i . r' r' Page 6 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May b 1990 RESOLVED, to GRANT the relief requested for a setback from the easterly sideyard at 15 feet and for a setback from the existing bulkhead at its closest point at 38 feet, as applied under Appeal No. 3770 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC., SUBJECT TO THE FOLLOWING: 1. That the building be used as applied for boat storage J only; 2. That the size of the proposed building be not larger than as applied (203 ' by 125 ' ) ; 3. That the lot coverage not exceed thirty (30%) percent, for all buildings for the entire marina-restaurant site, excluding concrete slabs at 6" or less from ground level; 4. That the parking plan included all properties owned jointly and/or separately to provide for additional parking (specifically the parcel located along the north side of the Main Road in which the applicant has an interest as well as those parcels described, supra) . 5. That it is recommended that the building be of a color neutral to the aquatic surroundings so as to blend in(with the natural surroundings.) 6 . That the setbacks not be reduced to less than 15 feet at the easterly side property line and not less than 38 feet to the bulkhead (to the south) at its closest points at any time. 7. All roof runoff be retained in leaching basins. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Grigonis and Sawicki. Absent was: Member Doyen of Fishers Island. This resolution was duly adopted by unanimous vote of all members present. „,GERARD P. GOEHRINGER, CHAIR SOUTHOLD TOWN BOARD OF APPEA 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS r1 / � COUNTY OF SUFFOLK :STATE OF NEW YORK ------------------------------------X 3 TOWN OF SOUTHOLD :~ i a 4 ZONING BOARD OF APPEALS HEARING 5 NOV 1 41990 ------------------------------------X �6ss°-a 6 Town Hall 7 53095 Main Road P.O. Boa 1179 8 Southold, New York 11971 9 November 1, 1990 7:30 P.M. 10 11 B E F O R E . 12' 13 GERARD P. GOEHRINGER, Chairman. 14 15 BOARD MEMBERS: 16 --CHARLES 'GRIGONIS, JR. 17 SERGE DOYEN, JR. 18 JOSEPH H. SAWICKI - Absent 19 JAMES DINIZIO, JR. 20 21 ALSO PRESENT: LINDA KOWALSKI, Board Secretary 22 23 24 25 t 1 127 2 late, but my only -- and I will reserve my 3 comments till the next or - to submit them to 4 the Board in advance. 5 My only concern is that there may be 6 some participants here tonight who might 7 like to make a few comments and they may not 8 be available at the next hearing. I don't 9 know if there are any. 10 THE CHAIRMAN: Is there anyone here 11 that may not make the next meeting? 12 Seeing no hands, I make a motion Cl13 recessing to the next regularly scheduled 14 hearing. We thank everybody for their 15 courtesy. 16 MR. DOYEN: Second. 17 THE CHAIRMAN: All in favor? 18 MR. DOYEN: Aye. 19 MR. GRIGONIS: Aye. 20 MR. DINIZIO: Aye. 21 (Time noted: 10:40 p.m. ) 22 (Presiding Chairman, Mr. James 23 Dinizio, in the matter of Village Marine, 24 said hearing commenced outside the presence Cl 25 of a Court Reporter due to circumstances 1 128 2 beyond anyone's control . ) 3 MR. CUDDY: I just indicated that we 4 are here because we are asking for a larger 5 building and also the boat rack. We needed 6 setbacks because the lot is a small lot. 7 The lot is in excess of 20,000 feet. It is 8 a permitted use. We are not asking to 9 expand to a nonconforming use. I think it 10 is important because the opposition in part 11 -- and part of it seems to be coming from 12 the Planning Board. I asked last time that 13 they corresponded with this Board to have 14 the opportunity to reply. They did 15 correspond subsequent to our last hearing. 16 I wrote this Board. I believe my letter is 17 party of: the Board's file. 18 I today have been made aware of the 19 additional letter from the Planning Board 20 claiming that effectively the proposed plan 21 with the additional parking violates. five 22 different sections of the code. They are 23 speaking of Section 100-210, 100-212, 100- 2a 213, 100-214 and 100-215 -- are sections 25 having to do with landscaping and buffers. 129 2 The first section is a purpose 3 j clause. It says the purpose is to improve a and beautify, and I think quite frankly that 5 is part of what our application is. 6 Section 212 has to do with i 7 landscaping in the front yard. The front s yard is 37 feet. It is blacktopped. It has 9 j been that way for years. It is next to the 10 Hess gas station. If we put in a grass area i >> it would probably be about 15 feet by 15 12 feet. It would seem to me that that's going 13 to be of no consequence or of no effect 14 whatsoever. 15 So the other section talks about 16 j transitional buffer requirements. It has to i 17 do with' when there is a lot in a residential 18 district that backs onto our lot. We are in 19 a situation where there is a right of way. 20 That .situation doesn't apply to us. i 21 214 is a parking area requirement. 22 I ._ It has to do with landscaping and paved 23 parking. We don't have paved parking in the 24 rear or the side of our building. It 25 doesn't apply to us. . 1 130 2 215 has to do with shoreline erosion. 3 It has to do with vegetation and plantings. a We have a bulkhead which was simply designed 5 to save erosion. Virtually none of the • 6 things -- and I 'm sort of disappointed the 7 Planning Board would go to the length it did 8 -- and yet this letter is not germane to the 9 application. They talk in this letter about 10 the proposed boat rack that is located in 11 the transitional buffer area. That is not 12 true. I have with me tonight,. Mr. 13 Glueckert, the architect, who is going to 14 address some of the questions about parking. 15 I have Mr. Young, who would like to 16 reiterate his concern about the boat rack, 17 to explain to you why it is needed. 18 I would point out simply to this 19 Board that I am surprised at the opposition. 20 The opposition is simply saying we should 21 not have a marina. That is not really the 22 function of what we are here. before .as I 23 understand the Zoning Board of Appeals. It 24 is a legislative body. It is a quasi- Cl 25 judicial body. No one here is saying do I i 1 131 2 like this or don't I like this. At least, I 3 hope they are not because I don't think 4 that's what this is all about. I 5 What this is about is my clients 6 attempting to take a situation, which is not 7 necessarily onerous, but certainly would be i 8 improved upon. He has a building that 9 requires attention. It also requires 10 additional size because he doesn't have 11 additional size. He can't take the boats 12 out of his yard. If he takes the boats out 13 of the yard and puts them in the building, 14 he can then get parking improved and take 15 the cars off the street. I only see this as 16 a plus. I cannot see this as a minus in any 17 sense. 18 If we are defeated in this applica- 19 tion -- to be permitted to use the property 20 just as - it is -- and I don't see that that 21 is going to benefit the Town. I would very 22 much hope the Board considers the fact this 23 is an improvement. It is not .a detriment. 24 I would ask Mr. Glueckert to address 25 the parking questions to the Board. 1 132 2 MR. GLUECKERT: Bruce Glueckert, of 3 Glueckert and Wieber, Architects. 4 I would like to just point out one of 5 the paragraphs in the Planning Board's 6 letter, which indicates certain stall 7 parking. The stalls do not have a 22-foot 8 aisle behind them. There are three spaces, 9 or four spaces, that have a 20-foot backup. 10 I would like to point out that this is a 11 small site, odd-shaped site, and difficult 12 to work parking in at all . I managed to put 13 2.9 stalls on. 14 However, if we look at this, this is 15 not a typical retail operation where there 16 is constant traffic flow on the site. The 17 cars will be parked there for the day, most . 18 of the day, and will not be moved and 19 generally the people who will be visiting 20 the site will have been to the site before 21 and will continue to visit the site and will 22 know the parking layout. Thank you. 23 THE CHAIRMAN: Anybody else? 24 MR. CUDDY: I would also ask David 25 Young, who is the operator of the business. 1 133 2 MR. YOUNG: My name is David Young. 3 I operate Village Marine. I would just like 4 to reiterate what Mr. Cuddy said, that this 5 is definitely not an expansion. We are only 6 trying to take down a ramshackle building 7 and improve the appearance of the yard and 8 the Village Marine itself, and give us more 9 room to park in and make it a more 10 attractive marina. 11 THE CHAIRMAN: Can I ask you one 12 thing? The building itself , is that going 13 to be used for storage or boats -- mostly 14 repair? 15 MR. YOUNG: Just repair. 16 THE CHAIRMAN: You are not going to 17 have racks in there? 18 MR. YOUNG: No. No -- building is 19 just going to be mainly to get us inside. 20 For instance, this evening we had a boat 21 that a sign painter was coming in to letter 22 and it wouldn't fit into the existing 23 building and the guy came down there. There 24 was dew on the outside of the boat and he C1 25 couldn't letter it. �1 134 J 2 It's just -- we go through added 3 expenses. It is very restrictive to do 4 business in the way the operation is set up 5 now. It is not 1950 anymore, as far as 6 marinas and in order to make ends meet you 7 have to do a little bit more. We are trying 8 to streamline it and make it look better. 9 THE CHAIRMAN: More is not 10 necessarily more boats in the water. 11 MR. YOUNG: Not at all . We don't 12 plan on expanding the marina or putting more 13 boats in the water.. We are only doing it to 14 neaten the yard up. The rack would be in 15 order to clear along the bulkhead. side so we 16 can have parking for our customers along the 17 bulkhead, and the building is So that we can 18 work .inside in the wintertime. 19 THE CHAIRMAN: Thank you. 20 Is there anybody else? 21 MS. MARRINER: Jeanne Marriner. I 22 also am co-chairman of the Peconic Bay 23 Association Task Force. I am putting some Cl 24 additional comments because I have had a 25 chance to review the. record. I do not see r 1 135 2 the changes. So this won't apply to the 3 changes that are not in the record. 4 As the Southold Town Planning Board 5 has stated for the record, the Bay Avenue 6 Village Marine property is already 7 overdeveloped and parking requirements 8 cannot be met with off-site parking because 9 this is always subject to change. Not only 10 is the property overdeveloped, but the lot 11 itself is also nonconforming because it does 12 not meet the requirements of the district in 13 which it is located. Furthermore, because 14 it is located in the Peconic Estuary 15 Critical Environmental Area, it is a Type I 16 action and requires a long form 17 environmental assessment to filled out by 18 the .applicant, which has not been completed. 19 To grant further variances, clearly 20 runs counter to the expressed purpose of the 21 Zoning Code of the Town of Southold as 22 stated in Section 100-240 - Nonconforming 23 Uses and Buildings. The purpose of said 24 article and section is to "reduce or 25 minimize impacts of uses and buildings which 1 136 2 do not conform to the use or bulk 3 requirement as set forth in this chapter." 4 (Article XXIV) 5 Furthermore, Section 100-242, Non- 6 conforming Buildings With Conforming Uses, 7 does not provide for the demolition of a g building. It also prohibits the creation of 9 new nonconformance through remodeling and 10 reconstruction. The applicant seeks to add 11 a storage rack which would accommodate 30 12 additional boats and further add to the lot 13 coverage. Plus the parking requirements for 14 the additional boats alone, would, if 15 adhered to, cover one-half of the entire 16 property. The storage rack is considered a 17 structure. 18 In addition, it appears that the 20 19 percent landscaping requirement required has 20 been completely ignored, thus adding further 21 to the nonconformity. And the landscaping 22 is for mitigating purpose, to control runoff 23 into the tributary of the estuary -- G , 24 regardless of whether there is a bulkhead or 25 not. A proper site plan should have 1 137 2 provided for approximately 4,000 square feet 3 of landscaping. 4 The proof required for an area 5 variance, to be provided by the applicant, 6 is that: 7 1) There will be no substantial 8 change in the .character of the neighborhood; 9 2) the degree of the variance will 10 bring minimal change to the property; 11 3) the difficulty cannot be obviated 12 by other methods such as off-site location; 13 4) justice will be served by 14 granting the variance. 15 The practical difficulties might be 16 obviated by the applicant moving repair work 17 to an office location such as the one 18 currently available next to the landfill , 19 which, as I understand it, was built to 20 assist local businesses with nonconforming 21 problems. 22 I believe the Board of Appeals has. 23 heard many complaints about the traffic and 24 safety problems at the corner of Bay Avenue C1 - 25 and Main Road. This- is fact. There was an 1 138 2 accident there just this Sunday. There is 3 someone in the hospital right now. 4 Therefore, it is neither serving justice nor 5 is it in the interest of the safety and 6 welfare of the community to allow further 7 expansion which will bring increased traffic 8 hazards. 9 Under Section 100-271 of the Code -- 10 Powers and Duties of the Board of Appeals, 11 it states that the Board of Appeals must 12 consider the effect on the community and 13 must bear in mind that the burden of proof 14 that there is no threat to safety rests on 15 the applicant, who must produce concrete 16 evidence to counter the negative impact. 17 1t would appear that the� only 18 practical difficulties that exist are those 19 self-created by the applicant who wants to 20 further expand development on an already 21 overdeveloped, over-varianced property. The 22 New York State Enabling Act for Town Zoning 23 states : "The granting of variances is to be 24 sparingly exercised. " If the ZBA does not 25 exercise its powers sparingly, the Board 1 139 2 leaves itself and the Town open to 3 litigation. a Thank you. I would like to give you 5 each a copy of the booklet produced by the 6 Peconic Bay Task Force, which might help you 7 in understanding what more development on 8 the waterfront that is not property 9 mitigated, how it can effect the estuary. 10 (Ms. Marriner handing above-mentioned 11 document to the Board. ) 12 MR. FLYNN: F. M. Flynn, resident of 13 the Town. I have several objections to this 14 application but due to the lateness of the 15 hour and in the interest of conserving 16 funds, if you will accept my objections in 17 writing',' I will be glad to submit them in 18 that fashion. I would like to make one 19 comment, however. This property is a non- 20 conforming property by definition of Section 21 100-13 of the Town Code. It has to be 22 considered in the context of a. nonconforming 23 property. 24 Now may I submit my objections in C1 25 writing subsequent to this evening? 1 140 2 THE CHAIRMAN: Certainly. 3 MS. JOHNSON: My name is Sherry 4 Johnson and I am currently serving as the 5 Program Coordinator for the North Fork 6 Environmental Council . I would like to take 7 this opportunity to reiterate the NFEC's 8 position on this matter, which was stated at 9 a previous hearing held on September 26th. 10 The NFEC is opposed to the granting 11 of the variances requested by Village- 12 Marine. The site is already in 13 nonconformance with the M-I District in 14 respect to lot size and width. A lot of at 15 least 40,000 square feet that includes a 16 width of 150 feet is required. The 17 applicant is asking now for further relief 18 from parking and landscaping requirements 19 and for increased lot coverage. The 20 proposed structures will bring the 21 percentage of lot coverage up to 20.8 22 percent of the site. The coverage allowed 23 under the Bulk Schedule is 30 percent, based 24 on a 40,000 square foot lot, which this is Cl 25 not. In fact, the Zoning Code itself states J 1 141 2 that "no building shall be used and no 3 building or part thereof shall be erected or 4 altered in the M-I District unless the same 5 conforms to the Bulk Schedule". 6 Instead of adding further to the 7 traffic and congestion at this location and g to the further degradation of James Creek, g the NFEC asks you to deny this application. 10 THE CHAIRMAN: Thank you. You will 11 furnish us with copies of that? 12 MS. JOHNSON: Yes. 13 THE CHAIRMAN: Anybody else wish to 14 make any comments? 15 MR. CUDDY: I have several comments. 16 First is if Mr. Flynn is going to have the 17 privilege of putting something in writing 18 after the hearing, I would like to respond. 19 I assume he can do that within a reasonable 20 amount of time. 21 THE CHAIRMAN: I would like to have 22 it before the next scheduled meeting, which 23 would be the 15th. That is, any written 24 comments. 25 (Inaudible) 1 142 2 THE CHAIRMAN: The loth, is that 3 okay, Mr. Flynn? 4 MR. FLYNN: I will be glad to submit 5 them in writing within the next week. 6 THE CHAIRMAN: Is that agreeable to 7 you? The 15th will be final comments. 8 Final comments would have to be in by the 9 15th, by you or anyone else. Would that be 10 okay? 11 MR. CUDDY: Yes. The other point I 12 would like to make, without belaboring, is 13 the reason that we are here is because the 14 lot is smaller than we would like it to be. 15 One of the practical difficulties is that we 16 have a unique situation in that we have a 17 lot that' has been for more than 35 years 18 that size and it is a permitted use. The 19 legislative body of this Town has said, you 20 can have a marina at that site, and we are 21 here because we are trying to do something 22 we think is improving that marina. That is 23 precisely the reason the application was 24 made. Everybody is telling us something 25 that I think is self-evident, that the lot 1 143 2 is small and doesn't conform. I believe we 3 meet the criteria that is listed. 4 (Inaudible) 5 I think it is similar in this 6 application to the Port of Egypt 7 application. 8 (Inaudible) 9 THE CHAIRMAN: If you made an 10 application to this Board, how many boats 11 could you store on that property right now? 12 What would your limit be? Would you have a 13 limit as to how many boats could be parked 14 on that property? 15 MR. CUDDY: There is physically -- 16 there is a limit to the size of the lot. 17 Mr. Young probably would say to' you that he 18 stores "V number of boats there. I would 19 say that certainly perhaps he can store more 20 than 30 boats there. 21 MR. YOUNG: When we bought the place, 22 before we bought it the Markowitz (phonetic 23 spelling) had boats all the way to the fence 24 where you couldn' t drive into the driveway. Cl 25 What we did when we went through there was 1 144 J 2 -- one of the first things we did was rent 3 an external piece of property in order to 4 store boats so we could alleviate the boats 5 out in the yard. This has been our 6 direction all the way along. 7 . MR. CUDDY: He doesn't store boats. 8 What he does is he has boats that they 9 repair. In other words, there is no storage 10 that takes place. And I think he testified 11 last time, he takes the storage boats off 12 the site. 13 THE CHAIRMAN: What I was getting at 14 is if no application was made, he would have 15 every right to store boats on that piece of 16 property. That's all I have. 17 If I 'don't hear anything more, I 18 would like to close the hearing. I make a 19 motion to close the hearing. 20 MR. GRIGONIS: Second. 21 THE CHAIRMAN: All in favor? 22 MR. DOYEN: Aye. 23 MR. GRIGONIS: Aye. 24 (Time noted: 11:00 p.m. ) 25 1 INDEX 145 J 2 3 APPEAL PAGE NUMBER APPLICANT NUMBER 4 3969 ANDREW BURKARD 2 5 3974 DONALD L. OSANI (for GEORGE 6 BRUDERMANN, JR. ) 5 7 3980 VIRGINIA OLGA LEE 8 8 3978 DONALD and DOROTHY SWAHN 10 9 3971 VALERIE M. KRAMER 14 10 3976 THOMAS and MARIAN SANTACROCE 19 11 3972 PETROL STATION LTD. 22 12 3977 BETTY J. COPIN 31 13 3979 THOMAS J. GORMAN 42 14 3968 , IRENE R. MILLER 44 15 3975 ARTHUR G. CARLSON 54 16 3788 SUN REFINING and MARKETING 87 17 3955 DOMfNICk SBLENDIDO and A. AURICCHIO . 105 18 3938 VILLAGE MARINE 128 19 20 21 22 23 24 . cl 25 1 145A I� 2 3 4 C E R T I F I C A T I O N 5 6 7 I, GAIL ROSCHEN, do hereby certify that 8 I am an Official Court Reporter and that the 9 foregoing constitutes a true and correct 10 transcript of the Town of Southold Zoning 11 Board of Appeals hearing of November 1, 1990, 12 according to my stenographic notes. 13 GAIL ROSCHEN 14 Official Court Reporter 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 1, 1990 Appeal No. 3939 - Matter of VILLAGE MARINE: Board Members present were: James Dinizio, Jr. , Chairman Pro Tem; Charles Grigonis, Jr. and Serge J. Doyen. (Absent were: Members Joseph H. Sawicki and Gerard P. Goehringer, who has abstained from discussions or deliberations in this matter. ) Also present were: R.bard Secretary Linda Kowalski, and approximately 25 persons in the audience. Chairman Dinizio reconvened the hearing at 10:48 p.m. CHAIRMAN DINIZIO: Is there anybody wishing to make any comments on this, for or against? Mr. Cuddy. CHARLES CUDDY, ESQ. : I 'm Charles Cuddy, attorney for the applicant, Village Marine. When we were here at the last meeting; this was held over for several reasons, but I would p Page 2 - Appeal No. 3939 November 1, 1990 Z.B.A. Transcript of Hearing Regular Meeting Matter of VILLAGE MARINE CHARLES CUDDY, ESQ. , continued: just briefly like to reiterate what our application is because I . . think it's important to know what it is so you know what it's not. It's simply an application for setback variances because we want to build a larger building to house the boats so that we can repair the boats. It also is an application to permit us to have a boat rack so that we can take existing boats -- not new boats, not additional boatsf- but existing boats there -- put them- in the storage racks. It opens up the area. It permits us to have additional parking, and in this connection, we've. submitted a revised plan to the Board showing additional parking spaces and also showing some planters along the bulkheading. I'm aware and I had asked, and this is one of the reasons I guess 'we're -having this further meeting -- I had asked to comment on anything that the Planning Board -- (The Court Stenographer returned to the meeting at this time. ) SECRETARY: We should have been waiting for-' Gail before we started the hearing. CHAIRMAN PRO TEM: I didn't even realize she was gone. Sorry, Mr. Cuddy. , r Page 3 - Appeal No. 3939 November 1, 1990 Z.B.A. Transcript of Hearing Regular Meeting Matter of VILLAGE MARINE GAIL ROCHEN: Mr. Cuddy, let me just get to the record. Ok, this is Village Marine. MR. CUDDY: I just indicated that we were .here because we were asking for a larger building and also the boat rack, and needed setbacks because the lot is a small lot. The lot is a little in excess of 20,000 square feet. It's a permitted use. We're not asking to expand a nonconforming use, and I think it's important because the opposition in part, and part of it seems to come from the 'Planping Board, and I had asked last time that w ti_ they correspond with this board and to have the opportunity to reply. They did correspond subsequent to our last hearing. I wrote to this Board, and my letter should be a part. of the Board's file. And today I 've been made aware of an additional. letter from the Planning Board claiming that effectively the proposed plan with additional parking violates five different sections of the code. I would just like to point out to the Board that the five sections that are spoken of, Section 100-100-210, 100-212, 100-213 . . . (See remainder of hearing transcript prepared by Court Stenographer under separate cover. ) Prepared by: , INDA KOWALSKI GH A i?mEs A. GuDDY S 1? ATTORNEY AT LAW 180 OLD GOuNTRY ROAD(RTE. 58) e P. O.BOX 1547 River nLaem,NY 11901 ADJACENT TO TELEPHONE 069-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 October 23 , 1990 C LO` � ZoningBoard of Appeals D pp OCT 3 0 1990 1 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Village Marine Gentlemen: We enclose six (6 ) copies of a revised site plan for Village Marine. The plan has been amended or revised to show additional parking area as well as planters adjacent to the bulkhead. Would you kindly make this a part of your file. Very truly yours, r-11 �-9 Charles R. Cuddy CRC:ejc Encs. 1 APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. ^L ' ,,Fay P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 13 , 1991 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appeal No. 3938 - Village Marine (Area Variances) Dear Mr. Cuddy: For your records we are transmitting a' copy of the Appeals Board's Resolution concerning the override of the County Planning Commission's disapproval of the subject variance application. Yours very truly, JAMES DINIZIO CHAIRMAN PRO TEM By Linda Kowalski Enclosure APPEALS BOARD MEMBERS �`° ," ' SCOTT L.HARRIS' Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. I ;v'' Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS _Fax(516)765-1823 Telephone(516)765-1809 . TOWN OF SOUTHOLD Telephone(516)765-1800 March 13, 1991 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appeal No. 3938 - Village Marine (Area Variances) Dear Mr. Cuddy: For your records we are transmitting a copy of the Appeals Board's Resolution concerning the override of the County Planning Commission's disapproval of the subject variance application. Yours very truly, JAMES- DINIZIO CHAIRMAN PRO TEM By Linda Kowalski Enclosure r APPEALS BOARD MEMBERS -��� SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairrnan Charles Grigonis,Jr. r9 `W r ,� -.'2 ;;� Town Hall 53095 Main Road Serge Doyen,Jr. _ f{t P.O."Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 RESOLUTION FEBRUARY 22 , 1991 REGULAR MEETING WHEREAS, the Board of Appeals rendered a two-fold determination on November 29, 1990, in .the Matter of the Application of VILLAGE MARINE under Appl. No. 3938, and filed in the Town Clerks ' s Office on December 4, 1990; and WHEREAS, pursuant to Section A14-23 of the Suffolk County Administrative Code, a referral was submitted on December 4, 1990 to the Suffolk County Department of Planning, which has jurisdiction within 500 feet of. an- estuary or creek extending from Peconic Bay; and WHEREAS, the Suffolk County Department of Planning at its January 9, 1991 meeting, reviewed the subject application filed with the Board of Appeals for the construction of a 11 ft. by 102 ft. boat rack structure at approximately 19 feet high, and a 60 ft. by 40 ft. addition, requiring setback variances for the side yard, rear yard, bulkhead, and easterly (front) yard, reduction of parking and landscaping requirements under the new zoning regulations adopted January 11, 1989 in this new Marine I Zone District designation; and WHEREAS, at its January 9, 1991 meeting, the variance application was disapproved for the reasons noted in its letter dated January 10, 1991; and WHEREAS, at its February 22, 1991 Regular Meeting, Board Member Robert A. Villa confirmed that he has familiar with the premises and building areas under consideration and has personally visited the subject premises, that he has read the entire record, including the verbatim and written portions of the hearing record, and that he is fully familiar with the subject application and its record before the Board of Appeals; and f WHEREAS, the disapproval with five reasons adopted by the Suffolk County Planning Commission were reviewed and discussed at length by all four voting members present, constituting a majority plus one of the members present; Page 2 Board of Appeals _ Resolution of 2/22/91 WHEREAS, it was determined by the Board of Appeals to override the disapproval of the subject application before the Board of Appeals as adopted January 9, 1991 by the Suffolk County Planning Commission, and REAFFIRMS its decision, with conditions and restrictions as rendered on November 29, 1990 under Appl. No. 3938 in the Matter of VILLAGE MARINE, reiterating and reaffirming the same findings and reasons as noted therein; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, that the Board of Appeals does hereby OVERRIDE the disapproval of the entire application filed by Village Marine for variances under Appl.. No. 3938, as rendered Janu- ary 9, 1991 by the Suffolk County Department of Planning, and hereby REAFFIRMS the decision, with conditions and alternative relief for the proposed addition, and denial for the separate accessory boat-storage rack, all as rendered by the Board of Appeals on November 29., 1990. VOTE OF THE BOARD: AYES: Messrs. Grigonis, Doyen, Dinizio and Villa. (Chairman Goehringer abstained. ) This resolution was duly adopted by a majority-plus-one vote of the entire five-member board. (Vote as required under the Suffolk County Administrative Code was sufficient to pass and override the County' s disapproval of the entire application. ) / Z� APPEALS BOARD MEMBERS z a � rx �rt; �` SCOTT L.HARRIS P Supervisor Gerard P.Goehrin er Chairman Charles Grigonis,Jr. e ,�, Town Hall,53095 Main Road Serge Doyen,Jr. � P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 February 28, 1991 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appeal No. 3938 - Village Marine (Area Variances) Dear Mr. Cuddy: This letter will confirm that the Board of Appeals, at our Regular Meeting held Friday, February 22, 1991, passed a majority-plus-one vote, effectively overriding the Suffolk County Planning Commission' s disapproval of the subject application. As a result of this override, the Board of Appeals' decision is in full force and effect. The formal two-page resolution will be .forwarded to you under separate cover within the next day or so. Yours very truly, -. Linda Kowalski Y COUNTY OF SUFFOLK . Ff IF 9 1:1 JAN 1 11991 I I. PATRICK G. HALPIN i SUFFOLK COUNTY EXECUTIVE " DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 10, 1991 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Village Marine" (#3938), Town of Southold (SD-90-30) . Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 9, 1991 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following resons: 1. It constitutes the unwarranted overintensification of use of premises; 2. The boat storage rack will allow for an unwarranted increase in upland inventory of. new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic. to the premises; 4. It would tend to further degrade the quality of water in James Creek; 5. On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, 6. It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Very truly yours, Arthur H. Kunz Director of Planning b Gera Ne an Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I.. NEW YORK 11786 (516)360-5192 c p i i ` �i 1r s5 FLb 'A t~,a� �991 Z-5 l t. a � � t�' ° STAFF REPO PT SECTIONS A 14-14 to 23 OF THE SUFFOLK -COUNTY ADMINISTRATIVE CODE Municipality Town of Southold File Number SD-90-30 Applicant(s) Village Marine Expiration Date January 18, 1991 --------- ----------------------------------------------- The Proposal and Its Location Appeal to the Board of Appeals for parking, setback and landscaping variances in connection with the erection of a building addition and boat rack for boat repair & storage purposes respectively at an existing marina situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.Y.S. Rte. 25) on James Creek in the Marine I District (Marinas and associated uses on 40,000 sq. ft. lots) at 1:14attituck. Description and Analysis The proposal is to erect an 11 ft. by 102 ft. boat rack approximately 19 ft. high accommodating approximately 20 boats and a 60 ft. by 40 ft. (2,400 sq. ft.) addition onto an existing building comprising 1,502 sq. ft. at an existing marina accommodating approximately 24 boats with one (1) launching ramp on a 23,645 sq. ft. parcel which has frontages of approximately 50 ft. and 340 ft. (bulkheaded) on Bay Avenue and James Creek respectively. An existing 36 ft. by 26 ft. metal building (936 sq. ft.) situated just east of the principal building (where the addition is contemplated) is to be removed. Premises has been used as a marina since prior to enactment of zoning in 1957. In conjunction therewith applicant seeks to diminish: side yard from 20 ft. to 3 ft. and 10 ft. for the building addition & rack respectively, rear yard from 25 ft. to 20 ft. and 10 ft. for the building addition and rack respectively, bulkhead setbacks from 75 ft. to 15 ft. and 28.5 ft. for the rack and building addition respectively, and parking from 29 spaces to 20 spaces. Applicant also seeks to waive landscaping in the front yard which is now blacktopped. It should be noted that the existing building (to remain) has side and bulkhead setbacks of 3 ft. and 30 ft. respectively. Applicant contends that such zoning actions are warranted to allow consolidation of the boats in the yard for more parking and to provide a protected and heated area for boat repairs. It is the belief of the staff that said proposal is inappropriate as: 1. It constitutes the unwarranted overintensification of use of premises; 2. The boat storage rack will 'allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; 5. On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, Y Town of Southold SD-90-38 Village Marine Page 2 -----�------------------------------------------------------- it would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities , throughout the Town of Southold. Staff Recommendation Disapproval APPEALS BOARD MEMBERS "'` SCOTT L. HARRIS v .h_;. r� pe Gerard P. Goehringer, Chairman x �� Supervisor Charles Grigonis, Jr. s � Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Pursuant 'to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York, hereby refers the following to the Suffolk County Planning Commission : XX Variance from the Zoning C de A ticl XI gg do 100-112 and Art. X1 �, lec ion �0.0-711 Cif) , �rt. XXI I I ,Section Variance from Determination of Southold Town BuildingAIpse? t2Q}9. 4 and Special Exception , Article Section Special Permit Appeal No . : 3938 Applicant : Village Marine Location of Affected Land: Bay Avenue , Mattituck , NY County Tax Map Item No . : 1000- 122-3-15 . 1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary) XX State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting permission to construct addition to existing principal building with insufficient setbacks an to oca e a boat storage structure with insufficient setbacks Copies of Town file and related documents enclosed for your review. Dated Dec. 4 , 1990 Mema nd.um from . . . . BUILDING INSPECTORS-OFFICE, TOWN OF SOUTHOLD TOWN HALL, SOUTHOLD, N. Y. 11971 t 765-1801' Y.A ova, � X� �. Ste.e.w; �ac� o�o•��' � �•' � y �. " � � � IL J1 �p.`� • " No . Riley Ave. _ - Ma.ttituck, NY 11952 ., Sept 24, 190 Mr. Gerald„Goehring'er, 'Chairman Southold Town Board of' .Appeals f Southold Town Hall Southold. NY 11971 Dear Nr. :Goehringer: re: 'Village Marine Variances I 'm concerned about the boat storage structure, parking and landscaping variances- to. the zoning ordinance requested by Village Marine. If the boat -storage structure (boa.t rack-) will be used. for the storage, of new boats and/or for Winter. storage, there probably will, be: no rincrease_ in traffic. However, if' the boat rack will be used as an in-and-out type_ . of marina, there may be significant new vehicular and boat tra.ff•ic'. What assurance is -.there. that the use" won".t change after approval? The traffic situation along Bay avenue and particularly at the intersection of the .Main Ro?d' in- already critical '. Village Marine contribute_`s to the problem:,:.already because their boat' ramp is so close to Bay Avenue that. traffic is blocked when it is in use. it seems odd that we' should be asked to consider and " approve variances which e.ould -'substantially .increase the amount of traffic without making provisions for the, additional parking ' that will be required. I also question the need fora variance to landscaping without compelling reasons to do so® Unless Village Marine can show why .these proposed . variances are in the town'.s _best, interest-,. I 'm requesting that the Board of .Appeals 'deny them at this'.time Since-rely yours Richabd A. Luhrs _ tD Box 358 Mattituck, NY 11952 September 24, 1990 Clerk Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Appl. No. 3938 Village -Marine Mattituck Dear Sir: I write this letter in opposition to the grant of a variance to Village Marine of Mattituck for any of the purposes sought in Appl. No. 3938, as published in The Suffolk Times of September 20, 1990. Please bring this letter to the attention of the Board of Appeals. My wife and I have had a residence on James Creek for approximately 5 years. During that period time we have seen the boat traffic Qn James Creek increase dramatically. The operations of Marine band at the mouth of the Creek have expanded substantially. At the other end, the number and size of boats from the vicinity of Village Marine have also increased substantially. During that same period of time, the quality of the water in James Creek has deteriorated. The Creek has been closed this Summer to shell fishing. We have seen dead crabs. The mouth of the Creek at Peconic Bay has been narrowed to the point that only one boat at a time may eater or leave. The noise level in the Creek has increased, particularly in the form of high performance boats, such as the Eliminator brand going to and from the vicinity of the Village Southold Town Board of Appeals. 2 - September 24, 1990 Marine. These high performance boats cannot maintain the 5 mph speed limit, even at idle rpms. Bay Avenue is a principal access route to the Mattituck Beach on Peconic Blvd. Traffic entering and leaving the intersection of Bay Avenue and the Main Road in the Summer is heavy. The expansion of the Village Marine facilities would make a difficult situation much worse. Moreover, a house has just been constructed on Bay Avenue, not far from Village Marine. An expanded Village Marine would do little for the iiew ilUtie"9owne-.r. The scope cf e proposed expansion, as a practical matter, would preclude any meaningful. landscaping screen from any of the neighbors. The application for a variance should be denied. Very truly yours, e., �/&J Jr C. Vassil VIE GHART.ES R. CUDDY D a' ✓r L1. r �.l✓ ATTORNEY AT LAW IL 1200 180 OLD COUNTRY ROAD (RTE. 58) P.O.BOX 1547 RrriTERHF.AjD,NY 11901 ADJACENT TO TA'T.FpHONE 369-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 June 19, 1990 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Village Marine Gentlemen: Submitted as part of the above file, please find enclosed: (a) Disclosure Affidavit for Village Marine; (b) copy of the current deed of the premises. Very truly yours, � r r V Charles R. Cuddy CRC/ec Enclosures DISCLOSURE AFFIDAVIT STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK) David G. Young , , being duly_ sworn, deposes and says : That I, as of P.W.K. ENTERPRISES, INC. d/b/a Village Marine, the applicant concerning a variance application before the Southold Town Board of Appeals concerning premises located on the east side of Bay Avenue, Mattituck, Town of Southold, identified by Suffolk County Tax Map Number, District 1000 , Section 122, Block 3 , Lot 15. 1 , and make this affidavit to comply with the Southold Town Code as well as the General Municipal Law of the State of New York. That I understand that this affidavit is required by Section 809 of the General Municipal Law. That the following individual is or was an employee of Village Marine as of the date of the filing of this application and is related to an employee of the Town of Southold as noted below: Brian Goehringer - relative of Gerard Goehringer. That no officer or employee of the Town. of, Sbutholdhas any interest in this application. P.W.K. Enter ris , Inc. d/b/a Vil a e ine By: David . Yo deg, Sworn to before me this JOHN J. REILLY .?I�day of May, 1990. NOTARY PUBLIC,STATE OF NEW YO`Rl� QUALIFIED IN SUFFOLK COUNT No ry P l i CY Co nn�isslo:r Expires Aug. 1, 18 „��, , _ t 1..r.j+.i is , Y :..•.!...I:.:�J• �N ,a iP�S1 17 r yI!.. ' ' WCA: ,fif s weed. i:S..a.ea,as ssa:a.r Cra;w'. " `-1adiid4 or Coporuio�: •• ,, GQNi�T�YCUR L^VPM 1RMR9 SldW"10 TM MSTWPR_Nd.—TM_ MTEtlMiftr STIQUW BE USED sY 21 WTI ' condo the fish day o: July ,rareteeaBETWEEN hundred and eighty-eight STEVEN MARQUA.RDT and VIRGINIA -MA.RQMA%_U, T, his wife residing at 560 Litcl Neck Road, Cutchogue, NewYork 1193.5 andi>1r'YD M,RQUARDT, residing +- 526--18 R_verlei n Avenue, Riverhead, Neva Y 1 r o a.. g' or�c J.I.9,,1 i i . ? psstY of the first part,and Y.W.K.• ENTF.,F`•'RISES, !NC, , c/o William H. Kopko, jr. , Inc. 3000 mare" , Avenue", Lake Success, New York 11042 jr y R'e AL I STA l c pasty of the second past, 1 i P N5 F R TAX that the party*f the First part, it ca=5Ideratio:t of •�1-'.fir:•• : TEN and 00/100 ($10.00) dollars, Lawful money of the United States, paid by the PAY of the second pert, does l:erevy+ g:a:it a.:d rctcabe •ento the party of the seeoncf part, the heirs or sum, ors and assigns Of :ht party of the second part forever. ALL dlai certain plot, piece or p=ei of la,:@, with the bta`ldings and improle;mc its tltrxeon erected, situate, Vibg And; bei wm* KA= at Met-tituck, in the T:wvn of SouG�'ivId, County of Suffolk and State of New York more _2rticularty b�L:`_c .*8d and described s follows. . ••,. BEGINNING at a point ari the easterly side of Bay Avenue at the nortn�rest corner of the premises :erein desc:1-bed ad,of:�i:�g lard of L�L�$ Hadax st ► ` the north, said point being South 4 degrees, 34 minutes 00 seconds -east 140,00. feet: as measured along the easterly line of Bay Avenue from its lintersection with the southerly line of Main Road (N. Y. S. Route 25) ; ixom said poi+M of beginnning; RUNNING TIMNCE along said ?and of Hodor. North 60 degrees , 23 minutes , 7aQ 10 seconds east 191.61 feet to land of Alfred J. Kron; RUNNING THENCE along said land- of KIron 2 courses and distances: M .;South 23 degrees, 29 minutes, 40 seconds east 50. 10 feet; and . &a (2) North 51 degrees, 50 air-Utes , 0 secards east 42.00 •feet to a right of way 33 feet iti width; RMI ING THENCE' along said right o= way South 56 degrees , 50 minutes. 40 secbrds east 189.89 feet to land" now or formerly of J. W. Boutcher; r RUNNING THENCE along said land of Boutche_ South 48 degrees 00 minutes r ✓^�f 0 seconds west 34�.10 feet to James Creek; � , , THENCE: continuing South 48 degrees, 00 minutes , 0 seconds west- 55 feet in the- dredged canal of ,James Creek; RUNNING THENCE nor Iveesterly along the north edge of Creek as of .Tame 28, � , 1957, the t:ie line.- being North P2 degrees, 59 minutes 30 seconds was - I " $�ou;t' '250 feet;',:�+:�v,.:�;;,�.�.:;,,.,s;:�a:�;•� :. --..-• .: .. - � 6, RUNNING THENCE along land or Otto L. r"�r.ig North 82 degrees, 59 minuces , 30 seconds west 60 feet RUNNING TIiE_�tCE along t , more ax 1,ess, to the easterly line of Bay Averuf he easterly line of Bay Averue North 4 degrees , 34 minutes, 0 seconds west 50.51 feet to the point or Place of BEGINNING, This cbr.ve ante is subject: to End r,i„g, - �+ t Marquardt Vie ,! .assu�..__+�, 4T.e 4Iartgage made by oteven �, . Virginia Margt.ardt., ar.e David riarquardt to the North Fork Ban' Q. � Trust Company dated Ai_!! 1st, 1986 in the prin.cipai amour_: e-' p160, 000,00 recorded in the Su-Ffolk Co="-y C?ark's OEEice in i_ 11518 ��ge 4{36 on which I�iortga.ge there is ro►J d; a an owir_g -he Sunni 01 15. , w23 . 80 and i r_LersrSt wR_ch the party of tme second part or G:artee saes to assu,^e and pay. " I '=;AT li 1 • 7c, cd r%, :4-:4- +!'•Jr•L.L tin nn �r ,j esT� _ .. iEjVVy title and interest. if any. of t`:e party of the Er5�t past in a,-ld to azy streets xt:d �r he above $es'bcd I?r=liscs to the (cuter 'l;:tes .'hcrwf, H ER with ti:e wpp:trteit&oces and a1R t1:r estate z—d rights of t`tc Irdsty o: t}:r First I=rt ict :,t:d to prer.:ises, ,O H&Y£ AND 'i O HOLD t.`:e preniscs rrreir. pantc•:l ;t--ta the Party of t}:e seruaJ hart, the heirs or f isuccessors a...d assigns ot the party of the second past fozever.- I i 1 1 , fI i I ' f i! 1 E I� 1 t 1 4 AND the party of the first p2t covett=cts that the panty of the firs: p2^t I.as uat dotes or suffered znythirsg whereby tt:t said pzrrtists hate been i«L.t^.�bcred iu at.y Ka; wtver, except :s aforesaid. AND -�c party of the fast ?4:t, L- c=p'A= with Section 13 of:l•.a Lien Lau, covenants that the party of the first part will rective*.r-co;zs:dmdon for this convey ar.Ct aa41-1 wi1? hold the right to receive sttch eottsid- ' •eration as a:rust fund to be apptied.first for iae perpose of paying the cost of the improv ,ent and will appjY fthe s3.-«e iimt to the priment of the Cost vi the i,-agtov=tat before using any part of tl:e toil of the wine for any other purpose. j 71-L' word "party" shall be construed as U it read "L72mles.k �L'�tt"��Y2S fr1C SCIISC Of 111 S 111dtrdUrC 50 requires, ! IN WUNFM WHEREOF, IL'e Of the Last�.�'� drily exece::eo' tY�s Bred t1:c day aucl.year first above IN rRE5XVC1 OF: Alp it �"�`� Ve•�I l is f !•I .i i : i S IEVEN IR TrvTp ?• qR .PAR T Es , T_KG. Oe-25 ** SAT 01 : .-;8 . 44 �7 • G ♦ L 1:• ;7•J. 1., C4.i•'! _1 G Y :Y L h 11 J 1 ,1 W G L� ,{� C L ,� ly/,�(i U l (J L ✓ sTATZ Of XEW TOM CditK f OF �U- .1�,h :s:i SiA-.L1 OF X1W'r0= .—JN*.'T OP Oa the 8trh&y;af Jt 1 y 1988 , before we Or the day of 19 , before ine personally came STEVEN MARQUA.RDT, VIRGIN IA Personally cic r RQU-42= and DAVID : kRQUA _r to me known to be the individual s described in a.d who to me known to be the individw 1 descr:bcd in an3 who executed the foregoing instnimert, and "%nowledged that executed the foregoing iustr=lent, and acknowledged that L'hey executed the cama executed the sa=e. s AI &.. URLI moty t-SHE �Publ:a.Sian at NOW York S radt Co=sY-4631730 C CamvnmWo�n i�it,stt AMP 30.18 STATI of MW yam couxff 01F SU.—r—ZO K 04 STAIT OF NNW TOM =WXTT OF as: On the 8t~h day-of July 19 8� before me an. ±ize day of 19 , before me jAn.wnally C=e P TER KOPKP person4ly cane to me known. v4ho, ng by r.re IA• orn, did depose.and to ;tam knovp., who, being_by me duly Sworn, did dense and wil that he re ' es at No. �, •. c"sv say :hat he redder at�Io. of P.W.K. ENITERPRISES, LNC , of the eotporatioo des =ved the Corporation described in and which executed the foregoing that he it Z.1d w1ach executed. _-fie foregoing i.tvtrwrotit; that h: . knows the seal of said cnrpor,Itiou; that t'r:e seal aft-ixod ?c.•Ivtirs t::e sea1 of said, corporation, that the seal afixcd to said instrument,is such Corporate svJ-. th2t i; was so to said insttt inert, is 5Lich Corr-orate seal; t1lat it was so aty'ixts: by order of the board of directors of said eGr ota• affixed by order o! t%c board of directors of said corpora- tion, and that Inc signed h ^=Me thcretc by lose order. � tion, and that he signed is rare thcrcto by like order_' 'NOT. PUBLIC MOLLY 7 PELUCAN-F State at\'aw York �y' �{r ��t� t;prTlS bounty �173Q ��} i,rt 'SIT MIL: '11�ST,LWE L,:JWI �. April 30.tt3. 1N'I r H CUYENA.-4-r AGAIN-Yr C RAN I URS ACtS LOT NARq A_RDT CoLm—ry o�L~.'owzj StLffa k •1'O P.W.K. ENTIERFRISE.S., !NC. Recorded At kcguva ui ksi Amcrkmn'rain Inca Ance Con,pany of New Yotk RrIPULN 9Y MAIL TO: VrA..DA#D X"OF k4W'r*kX !CARD Of nri:VNMWL4= 1 D&zribwoCto P}+_GYP I_rL_NST ZN, ES?. F'1nif Aincrtca►r Ti tc hisuraxre f.`omptruiV B RNSTE N WE ISS I CC)?LA-..q, 1'vr� •� 1_2G Ease 41st Strew } New York, Nev., York Zip No. 10017 •'r t, c t0 .-3 I�fl _+1 C_.L•.1. a r1 T n 1 • 77 • 7-4 C- 'L• L.J• L. A. L I In n_Z 1' 1 GHARLES A. CUDDY I I ATTonNEY AT LAW A7 2 8 M 180 OLD COUNTRY ROAD(RTE. 58) P.O.BOX 1547 RIVF-UHEAD,NY 11901 __--------.------- - ADJACENT TO TELEPHONE 369-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 August 21 , 1990 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold , NY 11971 Re : Application of Village Marine Gentlemen : A number of weeks ago an application was made on behalf of Village Marine of Mattituck to obtain area variances . We now enclose ten ( 10 ) copies of a site plan showing the applicable set backs and request that this matter be placed on the Board ' s hearing calendar for its next meeting . Would you kindly advise of the date and time of that meeting . Very truly yours , 0,,-L 4,,- Charles R. Cuddy CRC/pc En.cIs . P . S. Also enclosed is the revised Notice of Disapproval from the Building Inspector dated August 16 , 1990 . r - APPEALS BOARD MEMBERS ► SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 765-1800 April 27, 1990 ; Charles Cuddy, Esq. 180 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3938 - VILLAGE MARINE (Variance) Dear Mr. Cuddy: This letter will acknowledge receipt of your application for a Variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about May 15, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience -during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN i GPG/df GnART Es R. CiUDDY ATTORNEY AT LAW iao OLD COUNTRY ROAD (RTE. 5a) P.O.BOX 1547 RrvEEHA An,NY 11901 ADJACENT TO TELEPHONE 369-8200 MOTOR VEHICLE DEPARTMENT - AREA CODE 516 March 30, 1990 D Board of Appeals APR 53095 Main Road 01 Southold, NY 11971 Z Attention: Ms. Doreen Ferwerda Re: Village Marine - Application for Variance Dear Board Members and Doreen: With reference to the above pending application, please find enclosed a copy of the Notice of Disapproval received today from the Building Inspector dated March 29, 1990 for your use. Although the application submitted is for insufficient setbacks from the property line(s) for the new construction, we ask that the application be amended to include Article XII as to accessory uses which was noted on the Building Inspector's disapproval, in addition to the variances requested under the Bulk Schedule as to setbacks. ,.-, Thank you. Very truly yours, Charles R. Cuddy lk Enclosure .r i fp_ CH.a, -V, ' ('Jfs' MY 160 Orait .. &F4i1a iRxE. 68) lI�CF"Pptt VT,Htf"C,]R L:�A�RT)[tLATT T�L�;4@ Ci6?�-�f20(y A11**.4w"ate March 15, 1990 Sokithold Town Puilding Dopartrdent P.d. Hax 1179 'S3095 Main 'Road SOUtholdp NY , '11g1l ; Rai V .11&90 Marind - Proposed Addition- and Boat Rack -s r truatut6 Mier Sires z " ' Pleaise be 'advised ' that.my Client, Villago t erinoi proposes -to ' .locate locate a -new addition to the existing marlos. building .4khde,.A,-'h6V boat-stdkA4e rack- at --its, -premises loca t6d MlOng :the er�iot e�'ide tsf Hay Avenue# Nattituck, 'iddntified On thb- SUffalk- COwAy `taij.,Mape ae► Dietri t 1000i Section'_ .123,.. clock 3; -,Last 16,,J ` IC;..ii 'our' 0 that undorsthndin h� necessary due to in*, fficlont s6tb60ke f fi ,th+r b lkhdtad a i�1 Vropetty lines, etc.', Tho.,boat. -rack struatt�rara..as d. �eb'bry , the exf,stinq boat stbragc usa, i t 4- PtOposed 'to be,. di�erl~uCteti at Made' than 19 feet ' in height:' In than . re�aird ' i► i'.et�'C1�t a',s ap of the' proposed .Project prepalred - by.01U*6kert- arid. wi-+fiber dated. • 9eptamber 23,'' 14.89. for your`rsview ' and requ6st, aP'A t dq of herfk you for yuc aasistanci Very truXy...yoLt ` , Charley 11.. buddy GnART Es B. GUDDY ATTORNEY AT LAW 180 0y D GouNTRY ROAD(RTE. 58) P.O.BOX 1547 RIVERHEAD,NY 11901 ADJACENT TO TELEPFIONE 369-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 March 22, 1990 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Attention: Ms. Doreen Ferwerda, Board Clerk Re: Variance Application for Village Marine Dear Doreen: Supplementing our recent submission of the above application, please find enclosed the following: 1 ) Seven (7 ) certified-mail receipts (postmarked) ; 2) Four ( 4) original prints of the map of the site, existing building, and proposed construction; 3) One ( 1) original "topographical map" of the existing site and structure(s) ; 4 ) Copy of our letter to the Building Department dated March 15, 1990 requesting a Notice of Disapproval; 5) Signed letter with attached map for re-submission to the Building Department since the Building Department is not able to locate the letter previously mailed to them and not able to issue a Notice of Disapproval without the same. It is our understanding that the file is complete, with the. exception of the Notice of Disapproval. We ask that once the Notice of Disapproval has been issued, that a copy be filed with the Town Clerk. Thank you. Very truly yours, Charles R. Cuddy ' Enclosures Hand Delivery R—�.•s�A y�C APPEALS BOARD MEMBERS z }''k ' SCOTT L. HARRIS Gerard P. Goehrin er Chairman Supervisor Charles Grigonis, Jr. - " `/� '�� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 765-1800 May 9, 1990 TO WHOM IT MAY CONCERN: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df LEGAL NOTICES FOR May i7 1990 -Meeting - Sent out on or about 1990 George Schneider #3939 - Geor ,a Schneider , P. O. Box 1185 , Cutchogue,NY 11935� Peter Helinski for Harold Taubin #3940-1570 Pequash Ave . , Cutchogue 7, 6-`doe- � ,f, (gat� - /17 z _ . th R� PPr iz gv J . for Robert Gredick #3923 Vincent Annabel , 4300 Stillwater AVe. , Cutchogue - #3929SE Ms . Pamela Valentine , 249 West 49th St. , . New York ,NY 10001 for #3933 Richard H. . Schaefer , Inc. , 117 West Bayberry Rd. , Islip , NY 11751 for Mone #3932 Joseph Berardino , 37 Avery Rd. , Woodbury ,NY 11797 for JCM SAles & Leasinq� #393_ Joseph Shipman , 985 Elijahs Lane , Mattituck for #33931 Environment East , 3075 Indian Neck Lane , Peconic ,NY 11958 for Ster-n #3934' Thomas T. McVann , Jr , Esq . , P. O. Box 827 , Westhampton Beach ,NY 11978 for Lohn #3937 x Charles Cuddy , Esq 180 Old Countr Rd. , Riverhead ,NY 11901 for Village 1 Marine #393 c � � �c� -- 3�t a� L Thomas McCarthy , Pudge Corp . , P. O. Box 1145 , Southold ,NY 11971 for Lucas' #3802c Land Use Co . , 2576 Sound Ave . , Baiting Hollow ,NY 11933 for Georges #3941 aA.N a � i a1�. Henry Raynor , P. O. Drawer A. , Jamesport ,NY 11947 for Creates.#3942 , -�..- , Paul Caminiti , Esq . , P. O. Box 992 , Southold , NY 11971 for Greg ' s_ Sea__Food James V. Righter , 58 Winter St. , Boston , MA 02108 for Rafferty #3911 For Aliano (Pequash Commons ) #U07 . Henry Raynor , P. '0. Drawer A. , Jamesport , NY 11947 Nancy Sawastynowicz , 1100 Alvhs Lane , •Cutchogue ,NY 11935 Karen J. Hage , Esq . , Wickham ,Wickham , Gressler , O. O. Box 1424 , Mattituck 1194 Deborah Doty , Esq . , P. O. Box 1181 , Cutchogue ,NY 11935 signs are not a perr - f use in Main Road,Laurel,County Tax this district.Proper cation: Map No. 1000,'Section 125, . NOTICE OF HEARINGS 'ion 1e Zoning Ordinance; 69435 Route 48 & :)3 Sound Block 01, Lot 19.7. NOTICE IS HEREBY Article III, Section install C9 Road, Greenport, County Tax 8:35 p.m. Appl. No. 3942 (E) for permission to install an GIVEN, pursuant to .Section Map No., 1000, Section 35, DAVID & MARY: AKIN off-premises sign. Property Block 1, Lot 8. 267 of the Town Law and the CREATO.Variance to the Zon- _ Code of the Town of Southold, Location: 43600 County Road 8:05 p.m. Appl. No. 3945- ing Ordinance,Article III,Sec- the following hearings will be BIDWELL WINERIES. Vari- lion 100-31(A)1,for permission 1000 No. ,Section 063,Block 01, held by the SOUTHOLD ance to the Zoning Ordinance, to have a second dwelling,only TOWN BOARD OF APPEALS Lot'1.6:;. 1 family dwelling Article III, Section 100-30, for O Y g permitted on at a Regular Meeting, at the 8:00 p.m. Appl. No. 3943- permission to set up a tem- each lot. Property Location: Southold Town Hall, Main GREG'S SEAFOOD DOCK&'' porary tent for.cultural,events. 3539 (ROW) Cox Neck Road,- Road, Southold, NY 11971, on : MARKETING, INC. Special, Proposed tent doesn't address Mattituck,County Tax Map No." TUESDAY, MAY 15, 1990, at Exception'to the Zoning Ordi- this condition in A-C Zone Dis- 1000,Section 106,Block 08,Lot the following times: nance, Article III'A, Section. trict. Property Location: 18910 . 51. 7:30 p.m. Appl. No. 3940- 100=30 A.2 C(l) (100-31C), for County Road.#48, Cutchogue, - 8:40 p.m; Appl No: 3941 HAROLD AND SARA TAU- permission to construct an off-' County Tax Map No. 1000,Sec- C O N S TA N T I N E BIN. Variance to the Zoning premises sign. Off-premises.. tion 096, Block 04, Lot 4.3. GEORGIPOULOS.Variance to Ordinance, Article III A, Sec signs are not a permitted use in', 8:10 p.m. Appl. No. 3929 the Zoning Ordinance,Article:," 'tion 100-30A.4(100-33)for per this district.Property Location. VINCENT ANNABEL..Special ` ,IIIA, Section 100-30A.3, fot.. mission to construct an acces "69435, Route 48 &'55 Sound'' Exception to the Zoning Ordir permission to construct a`one sory building in frontyard area.,. Road, Greenport, County:Tax; 'nance,M;Article III, Section :'family dwelling.:Proposed coo , `Accessory buildings may be Map',`IVo `_1000, Section 35, 100-319 for permission to have struction will have insufficient located in the required rear yard Block'1, Lot 8 . j , `:" an accessory apartment.Proper- front yard setback: .Property' 7'*Property•'Location 625 'Terry 8:b5 p.m:AppL"1Vo. 3945=' ' Y LQcariQ4300$� A Location:;�1300 Lake',Drive, ' Lane, Southold, County Tax BIDWELL-WINERIES. Vari-''. `nue, .Cutchogue, County Tax Southold,County lax Map No: Map No. 1000, Section 65, ance to the Zoning Ordinance Map No. 1000, Section 1371• 1000, Section 59, Block 1, Lot Block 1, Lot 23 Article III, Section 100-30, fo Block 2,.Lot 21. 21.6&217 ;. • t':=.. 7:35 p.m. Appl. No. 3937 permission,-to"set up"a tem' 8:15 p.m. Appl. No. 3932-. 8:45 p.m.;Appl.• No. 3911i PATRICK LOHN. Variance to . porary tent for cultural events. MATHIAS AND MAUREEN WALTER,' RAFFERTY. the ZoningOrdinance, Article Proposed tent doesn't address Variance -to the Zoning MONE.Variance to the Zoning g p XXIII,Section 100-239.4 B,for this condition in A-C Zone Dis- Ordinance, Article XXII, Sec- dinance,Article XXIV,Section permission to construct a deck. trict. Property Location: 18910 tion 100-239.4 A,for permission 241A, (Article XXVII, Section Proposed construction will be County Road #48, Cutchogue, to construct a swimming pool. Y 100-281(3),as disapproved,for. c( less than 75 ft. from the bulk- County Tax Map No. 1000,Sec-" Proposed construction will be permission to construct addi head. Property Location: 2480 lion 096, Block 04, Lot 4.3. ' within 100 ft. of Long Island tions and alterations to garage Minnehana Boulevard, 8:10 p.m. Appl. No. 3929- Sound.Property Location:2830 with apartment. Garage living Southold;County Tax Map No. VINCENT ANNABEL.Special Grandview Drive,Orient,Coun-'. quarters has been dormant long J 1000, Section 87, Block 3, Lot Exception to the Zoning Ordi- ty Tax Map No. 1000, Section enough to lose its non 57• nance, Article III, Section 014, Block 02, Lot 3.5. conforming status and the use 7:40 p.m. Appl. No. 3935- 100-31, for permission to Pave 8:20 p.m. Appl. No.. 3939- thereof.Property Location:East,, JCM SALES AND LEASING. an accessory apartment.Proper- GEORGE SCHNEIDER. Vari- End Road, Fishers :Island;-- Variance to the Zoning Ordi- ty Location:4300 Stillwater Ave-' ance to the Zoning Ordinance, County Tax Map No. 1000,Sec ;`t U� nance, Article XXIII, Section ' nue, Cutchogue, County Tax Article III, Section 100-32, for tion•03, Block 07, Lot 05 239.4, for permission to con Map No. 1000, Section 137, permission to construct a one 8:50 p.m. Appl. No., 3938 p struct an accessory deck, pro- Block 2, Lot 21. family dwelling,Bulk,Area and VILLAGE MARINE.Variance posed construction will be less 8:15 p.m. Appl. No. 3932- Parking Regulations and insuf- to the Zoning Ordinance, Art" ' o than 100 ft. from the top of the MATHIAS AND MAUREEN ficient sideyard setback.Proper- cle XII,Section 100-112,Artie bluff.Property Location:62825 MONE.Variance to the Zoning ty Location:800 Sterling Road, XII,Section 100-111(c)l,Article'. North Road,Greenport,Coun- Ordinance, Article XXII, Sec- Cutchogue, County Tax Mapes XXIII, Section.239.4, for per= ty Tax Map No.1000,Section 40 tion 100-239.4 A,for permission No. 1000,Section 104,Block 01, mission to enlarge preexists Block 01, Lot 11.1. to construct a swimming pool. Lot 29 a1 in building and install bo 7:45 p.m. Appl. No. 3934-? Proposed construction will be 8:25 p.m. Appl. No. 3932---= rack (outside). Property Loca� JOYLON STERN. Variance to within 100 ft. of Long Island ROBERT GREDICK.Variance tion: 175 Bay Avenue, Matti- the Zoning Ordinance, Article Sound.Property Location:2830 to the Zoning Ordinance, Arti= tuck, County Tax',Map, Np. a, XXIII, Section 100-239.4 A(1), Grandview Drive,Orient,Coun-: cle IIIA,Section 100-30A.3,Ar- 1000,Section 122,Block 03,Lot.' for permission to construct ad- ty Tax Map No. 1000, Section 151 ` P ticle IIIA, Section .100-30A.4 dition to one family dwelling. 014, Block 02, Lot 3.5. p (1.00-33),for permission to con- he Board of Appeals will at Proposed construction will be 8:20 p.m. Appl. No. 3939- ' struct addition to dwelling anti p said time and place hear anyand.: less than 100 ft.from the top of GEORGE SCHNEIDER.Vari, accessory garage in front yard' all persons or representatives de- the bluff. Property Location: ance to the Zoning Ordinance,', area.Proposed construction will siring to be heard in each of the 63035 County Road 48,Green- Article III, Section.100-32, for above matters..Written com- have insufficient front yard set- port, County Tax Map 1000, permission to construct a one` back and accessory buildings ments may also be submitted Section 40, Block 01, Lot 13. family dwelling,Bulk,Area and may be located in the required prior to the conclusion of the . 7:50 p.m. Appl. No. 3933 Parking Regulations and insuf- rear yard. Property Location: subject.hearing. Each hearing PAMELA VALENTINE. Vari- ficient sideyard setback.Proper. c •7825 Nassau Point Road & will not start before.time allot ' ance to the Zoning Ordinance, ty Location:800 Sterling Road, Clearwater Lane, Cutchogue, led. Additional time for your ' Article XXIII, Section Cutchogue, County Tax Map County Tax Map No.,1000,Sec.,.';, presentation will be available,if °I 100-231A, for permission to I o� ���Section 104,Block9. `Ol, tion 118, Block 04, Lot 06. needed.,For.more information, construct an 8 ft.fence in front ! 8:30 p.m. Appl. No. 393.1- .please ca11.765-1809 yard area. Fence in-the front 8:00 p.m. Appl. No. 3943- I JOSEPH SHIPMAN.Variance Dated May 8, 1990 yard area not to exceed 4 ft. in GREG'S SEAFOOD DOCK& to the Zoning Ordinance,Arti ''BY ORDER OF` height. Property Location MARKETING, INC. Special.' cle.•.X, Section 100-102, -for ' jTHE SOUTHOLD DOWN 34655 Main Road, Orient, Exception to'the Zoning Ordi- permission to institute a second i r'BOARD OF:APPEALS County Tax Map No. 1000,Sec nance, Article III'A;` Section; business,Bulk,Area and Park GERARD P. GOEHRINGER14 tion 019, Block 01; Lot 5 & 6 100-30 A.2 C(i)(100-31C), for ' in Requirements.Property con-,, ". CHAIRMA 7:55 p.m Appl. No.'3936- /; permission to construct an oI tains less than required business by Doreen Ferwerd -,LUCAS FORD. Special ExcepA,J ;premises sign,_:,Off-premi aiea.=prei' 4tv J tw ant,;,; 5/10/90 (30) -s. • �f � V GHAi?mES R. GUDDY MAY 15 ATTonNEY AT LAw 180 OLD CouNTEY ROAD(RTE. 58)F. O.HOX 1547 RivmnHEAD,NY 11901 Fax Mail 3 6 9-9 0 8 0 ADJACENT TO TF:rn HONE 369-8200 MOTOR VEHICLE 1)EP.A8 R TNMWT AEA CODE 616 May 14, 1990 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Village Marine Dear Sirs: With reference to the above pending application filed during March, it is requested that the hearing which has been .scheduled for Tuesday, May 15, 1990 be postponed. It is our understanding that the Notice of Disapproval has been amended by the Building Inspector within the last two weeks, and additional time will be needed to obtain a copy of the Amended Disapproval. Also, it is noted that the Legal Notice of Hearing as published in the local newspapers does not include the aspects of the Code which apply to this nonconforming use or the setbacks requested in the variance application. Very truly yours, Charles R. Cuddy cc: Village Marine Also faxed / I GHARLES B. CUDDY 7 1990 ATTOENEY AT LAW 2- 5/ - 180 OLD GOUNT$Y ROAD(RTE. 58) P.O.BOX 1547 _— P-iymnnEAn,NY 119OL ADJACENT TO TELEPHONE 369-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 May 3 , 1990 Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Variance Application for Village Marine CTM#1000-123-3-15. 1 Dear Sir or Madam: We have been in contact with the firm completing the Site Plan for Village Marine. It is our understanding that based on the area constraints of the subject parcel, that the parking area will not be in accordance with the Town Code. We, therefore, request that the application of Village Marine for area variances , submitted to you on March 22, 1990, be amended to include a variance for parking (and/or landscaping for parking areas ) under the present code regulations, Article XIX. The site plan maps as recently amended and prepared by Glueckert and Wieber Architects (pursuant to the Planning Board Chairman' s letter dated November 14, 1989 ) will be zubmitted under separate cover shortly. Thank you. Very truly yours, Charles R. Cuddy lk Fax Mail ii �tr���, APPEALS BOARD MEMBERS `:. � F '�" SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman aJr Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 7654809 TOWN OF SOUTHOLD I Telephone (516) 765.1800 December 3, 1990 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY - 11901 Re: Appl. No. 3938 - Village Marine (Variances) Dear Mr. Cuddy: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November 29, 1990 Regular Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate permits or approval prior to commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' and Planning Board Offices for their files and update. Yours very truly, )=t2ZIO,JR. Enclosure CHAIRMAN PRO TEM Copy of Decision to: Mr. Victor Lessard, Principal Inspector Mr. Bennett Orlowski Jr. , Planning Board Chairman Suffolk. County Planning Commission Village illage Marine Page 6 -Appl. No. 3.938 Application of. VILLAGE MARINE Decision Rendered November 29, 1990 RESOLVED, to alternatively APPROVE a 60 ft. by 40 ft. addition to the principal building, with reduction under the landscaping. and parking regulations of the zoning code and as more particularly shown on the plan prepared by Glueckert & Wieber, Architects, lastly.dated October 18, 1990, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setbacks shall not be less than that. applied for and shown on the October 18, 1990 plan;: 2. Ten (10) on-site parking spaces shall be provided, which must remain open and unobstructed at all times, and each stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: . Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who abstained in this matter. ) This resolution was duly adopted. AMES DINIZIO, JR. CHAIRMAN PRO TEM PLANNING BOARD MEMBERS , SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �� 't� `' ®� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: James Dinizio, Chairman Pro Tem 15 0_1 � n V E Board of Appeals D �,�J! L� FROM: Bennett Orlowski Jr. ,` Chairman /� ._ ��.�- RE: Pending Site Plan - Village Marine Z3 ` SCTM* 1000-122-3-15.1 jp :,30 �• . DATE: November 1, 1990 The following is in response to your request of October 24, 1990, requesting the Board's review of the parking requirements for Village Marine. With the exception of space number three (3 ) , the parking spaces indicated on the map do not conform to Code requirements. Specifically, spaces one (1) , two (2) and four (4) through twenty ( 20) are in an area that the Code requires be set aside for landscaping for parking lot screening and buffering (Article XXI 100-210, 212, 213 , 214 and 215) . In addition, spaces five (5) , six (6) , and eight (8) do not have the required twenty-two foot (22) back up space. Essentially these spaces are not -useable. Further, some of the spaces must be designed for handicapped access, but are not. , The proposed boat rack is also located in an area required for the transition buffer between .residental and marine business zones. Further, the site plan does not include the boat storage rack and the retail sales operation uses in the parking calculations. The Code requires one parking space for each boat in dry storage, and two (2) parking spaces for the retail accessory use. More spaces- are required than the twenty-nine noted on the site plan. The applicant should be asked to submit corrected parking calculations on plans that include the handicapped spaces, the boat rack spaces and the retail sales spaces, all in conformance with the Code. In closing, the Board is not in favor of this variance request because the site should be brought into compliance first. Please review the attached copies of the Board' s past correspondence to your Board (October 2, 1990) and to the applicant (September 21, 1990) . Re: Village Marine r test for variances from Si hold ZBA - November 1 , 1990 As the Southold Town Planning Board has stated for the record, the Bay Avenue Village Marine property is already over developed and parking requirements cannot be met with off-site parking because this is always subject to change. Not only is the property overdeveloped, but the lot itself is also non-conforming because it does not meet the requirements of the district in which it is located. Furthermore, because it is located in the Peconic Estuary critical Environmental Area, it is a Type I action and requires a long form environmental assessment to be filled out by the applicant cA Aa,& ham' ��eti coy"pl�� To grant further variancesyclearly runs counter to the expressed purpose of the Zoning Code of the Town of Southold as stated in Sec. 100-240 - Non-conforming Uses & Buildings . The purpose of said article and section is "to reduce or minimize impacts of uses and buildings which do not conform to the 'use or bulk requirement as set forth in this chapter. (Article XXIV) Furthermore, Sec. 100-242 - Non-conforming buildings with conforming uses - does not provide for the demolition of a building. It also prohibits the creation of new non-conformance through remodeling or reconstruction. The applicant seeksto add a storage rack which would accomodate 30 additional boats and further add to the lot coverage. Plus the parking requirements for the additional boats alone would, if adhered to, cover 1/2 of the entire property. The storage rack is considered a structure . In addition, it appears that the 207o landscaping requirement required has been completely ingnor4, thus adding further to the non-conformity. A proper site plan should provide for approximately 4,000 sq. ft of landscaping. The proof required for an area variance (to be provided by the applicant) is that there will be no substantial change in the character of the neighborhoo. 2) the degree of the variance will bring minimal change to the property . 3) the difficulty cannot be obviated by other methods such as offsite location. 4) justice will be served by granting the variance. The practical difficulties might be obviated by the applicant moving repair work to an offsite location such as the one currently available next to the landfill which, as I understand it , was built to assist local businesses with non-conforming problems . I believe the Board of Appeals has heard many complaints about the traffic and safety problems at the corner of Bay Avenue and Main Road. This is fact . Therefore, it is neither serviing justice nor is it in the interest of the safety and welfare of the community to allow further expansion tivhich will bring increased traffic hazards . Under Section 100-271 of the Code - Powers and Duties of the Board of Appelas - it states that the Board of Appeals must consider the effect on the community and must bear in mind that the burden of proof that there is no treat to safety rests on the applicant who must produce concrete evidence to counter the negative impac . It would appear that the only practical difficulties that exist are those self created by the applicant who wants to further expand development on an already overdeveloped, over-varianced property . The NY State Enabling Act for Town zoning states : "The granting of variances is to be sparingly exer- cised. If the ZBJ% does not exercise its powers sparingly, the Board leaves itself and the Town open to litigation. Jeanne Marriner NORTH FORK ENVIRONMENTAL COUNCIL Route 25 at Love Lane, PO Box 799, Mattituck, NY 11952 516-298-8880 Southold Zoning Board of Appeals "Village Marine" November 1, 1990 My name is Sherry Johnson and I am currently serving as the Program Coordinator for the North Fork Environmental Council. I would like to take this opportunity to reiterate the NFEC's position, on this matter, which was stated at a previous hearing held on September 26.. The NFEC is opposed to the granting of the variances requested by Village Marine. This site is already in nonconformance with .the M-I District in respect to lot size and width. A lot of at least 40,000 square feet that includes a width of 150' is required. The applicant is asking now for further relief from parking and landscaping requirements and for increased lot coverage. The proposed structures will bring the percent- age of lot coverage up to 20.80 of the site. The coverage allowed under the Bulk Schedule is 300, based on a 40,000 square foot lot., which this is not. In fact the Zoning Code itself states that "No building shall be used and no building or part thereof shall be erected or altered in the M-I District unless the same conforms to the Bulk Schedule'.'. Instead of adding further to the traffic and congestion at this location and to the further degradation of James Creek, the NFEC asks you to deny-this application'. - - a non-profit organization for the preservation of land, sea, air and quality of life printed on 100% recycled paper PLANNING BOARD MEMBERS '_^� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. '!7 � Richard G. Ward ° Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 :. September 21, 1990 Carmine Grasso Glueckert and Wieber Architects - 300 Wheeler Road - Suite 303 Hauppauge, New York 11788 RE: Village Marine SCTM#k1000-122-3-15 Dear Mr. Grasso: The Planning Board has received your revised site plan dated August 8, 1990. The following changes must be made before the Planning Board can proceed: 1. Parking for 29 cars must be shown on site, including two (2) .handicapped parking spaces. 2. The location and details of fencing (type and location)must be shown. 3. Grading, including existing and proposed topography with two-foot contours (on site and two hundred (200) feet beyond the property line) , together with spot locations for buildings must be shown. 4. A drainage plan must be submitted showing drainage calculations and details of drainage structures. 5. Accessory boat storage racks must be set back thirty five ( 35) feet from the front yard and twenty (20) feet from the side yard. In addition, the proposed building and boat storage racks must be seventy five (75) feet' from the bulkhead on James Creek. . Since this setback cannot be met on this property, an application for a variance must be made to the Board of Appeals. 6. Boat storage racks must be included -in percent of lot , coverage calculations. Page 2 Village Marine 7. Indicate height of boat storage racks. 8. Show location of curbing and curb cut on Bay Avenue. 9. Show a concrete boat wash down pad with drainage in the center, including access for clean out. 10. Show the location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location. 11. Indicate building elevations for all facades and floor plans for the proposed use of floor area. Proof of review by the Health Department is required. A permit from the Town Trustees is also required for this project. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any'questions or wish to have a presubmission conference to resolve any issues before proceeding, please don't hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman RGK/hp cc: Dave Young Gerard P. Goehringer, Board of Appeals John M. Bredemeyer III, President, Trustees ?EMBERS t3SSWAPLANNIN CA 1m` Y� y SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. ���1 Richard G. Ward � � Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 19, 1991 David G. Young Village Marine P.O.Box 1045 ;' 1h`d -1; Li L•-_ Mattituck, New York 11952 Re: Proposed Site. Plan for Village Marine E/s Bay Avenue, 140 ' S/o SR 25, Mattituck, N.Y.. Dear Mr. Young: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 18, 1991. BE IT RESOLVED that the Southold Town Planning Board acting under the State Environmental Quality Review Act, establishes itself as lead agency, and makes a determination of non-significance and grants a Negative Declaration for this Type I action. BE IT RESOLVED that the Southold Town Planning Board grants site plan approval with the condition that no building permits be -issued until a copy of the Suffolk County Health Department' s approval (waiver letter) , and a copy of the New , York State Department of Environmental Conservation permit are on file in the Planning Board office. A copy of the Negative Declaration is enclosed, along with an endorsed copy of the site plan. If there are any questions, please contact this office for assistance. Sincerely, Bennett Orlowski, Jr. S Chairman Encls. VS:vs cc: Building Department Tax Assessor's Office PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman i:py' +s.' '� (�. Supervisor George Ritchie Latham, Jr. Richard G. Wards Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance November 19, 1991 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning_ Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. - Name of Action: Village Marine SCTM##: 1000-122-3-15.1 Location: E/s Bay Avenue, 140' S/o State Route 25, Mattituck, N.Y. 11952 SEQR Status: Type I ( K ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No ( A ) Description of Action: To expand an enclosed working area by replacing an existing 36' by 26 ' metal building with a 40' by 60' metal building (an increase of 1464 square feet of floor area) ; to add landscaping throughout the property along with stormwater drainage and boat wash down facilities. The replacement building will be 58' from the tie line of the existing bulkhead. Planning Board SEAR Negative 'Declaration Con' t. Reasons Supporting This Determination: There has been no correspondence received from the Department of Health Services in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The New York State Department of Environmental Conservation' s Stony Brook office has stated that it has no objection to the Planning Board' s initial determination of non-significance. The Southold Town Zoning Board of Appeals conducted its own environmental review relative to the application for a variance for the placement of the accessory storage building which concluded that there would be no adverse effects. The Southold Board of Town Trustees issued a permit for the proposed project on April 27, 1989, which is still valid. A condition of this permit is that all roof storm water be channeled to drywells to prevent runoff from discharging directly to James Creek. This mitigation measure has been incorporated into the proposed site plan (revised 11/14, 1991) . The Planning Board finds that the proposed expansion (replacement of an existing building with a larger building) will result in an increase of 1464 square feet of floor area. However, it also finds ,thatithe, following mitigation measures which are shown on the proposed site plan, will not only reduce the projected environmental impacts, but mitigate some existing impacts, as follows; 1. installation of permanent landscaping in the front yard and within the required rear/side yard buffer where none now exist; and the installation of planters along the entire length of the bulkhead.; 2. the on-site containment of all surface storm water runoff for a 2 inch rainfall (to be achieved by connecting the roof runoff from the new building to drywells and by regrading the land so that it slopes (and drains) away from the bulkhead; 3 . the installation of a portable pump-out facility to service the boats in the marina; 4 . the addition of a boat wash-down area complete with a sediment catch basin which will be cleaned twice a year. Planning Board For Further Information: Contact Person: Valerie Scopaz Address: Southold Town Planning Board, P.O. Box 1179, Southold, N.Y. 11952 Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Suffolk County Planning Commission Dave Morrell, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department . Board of Appeals Board of Trustees Applicant OW IE CjHAFlT s A. CTTDDY 1`` ATTORNEY AT LAW I l �t,Y J + 180 Oim CouwTHY RoAD(RTE. 58) 9 �.�j(1f]!1 P.O.BOX 1547 RryEnBmAD,NY 11901 ADJACENT TO TA�HONE 369-8200 MOTOR VEHICLE DEPARTMENT November 9, 1990 1m CODE g16 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Re: Village Marine Gentlemen: In accordance with the request made at the last hearing I am taking this opportunity to respond to the written objecton made by F. M. Flynn under date of November 3, 1990. His written opposition is directed to consideration of : 1. The non-conforming use of the premises and incidental thereto Mr. Flynn' s assessment of the powers of the Zoning Board of Appeals. 2 . A presentation of "facts" and his understanding of the law to be applied. Both points substantially miss the mark. Initially, while recognizing that the hour was late and perhaps voices did not carry well, Mr. Flynn did not correctly hear a statement which he attributed to me as conceding "that the subject property constituted a non-conforming use" . In fact, the property is not a non-conforming use but is a permitted use and I emphasized this on several occasions, both at the hearing on September 26th and the hearing on November lst, 1990. There is no basis for Mr. Flynn' s first objection as to a non-conforming use. The applicant did acknowledge that the parcel in question is a non-conforming commercial lot .and, of course, its size and configuration is the very reason the applicant must come before the Zoning Board of Appeals to address the set back variance relief requested. Unfortunately, Mr. Flynn was not at the first hearing, although he did have the benefit of hearing David Young, one of the proprietors of Village Marine, assert that the reason for the boat rack was simply to take the existing boats, store them in an orderly fashion and open the interior of the parcel . to permit Zoning Board 'of. Appeals Town of Southold - 2 November 9, 1990 traffic circulation and the parking of vehicles. As noted at both hearings, there are .currently a number of boats being repaired. These boats are stored at. random throughout the boatyard. The boat . rack will .permit .them to..be stored in one place. The applicant has represented a state of facts, with reference to its present operation and proposed operation, and which it will adhere .to with. respect to. not. increasing the size of its marina operation. There' is no basis for calling the applicant' s credibility into question except that it conforms with Mr. Flynn' s opposition to marinas.. . Making up facts and concluding that these facts dictate additional requirements be observed does not assist the hearing process and does really not. address the application presented to the Board. The application is to obtain set back variances to permit site improvement. The alternative is, therefore, no site improvement and the various opponents apparently believe this is preferable. One must wonder aloud what positive contribution the opposition thinks it is making to the Town of Southold. Anderson, considered to be one of the foremost authorities on zoning, has noted, even as to non-conforming uses, which this site is not, that rules which prevent alterations which may render a non-conforming use less onerous, particularly where the owner, will continue the use, may defeat the real interest of the community. It is appropriate to permit an extension or alteration which will render the non-conforming ,use more compatible. Anderson, New ,York Zoning, Law & Practice, Vol. I, pp. 270, 271. I also would note, not parenthetically, that Mr. Flynn is not a neighbor or nearby resident of Village Marine, but lives in the hamlet of Southold, more than eight (8) miles away. I therefore object to his standing to oppose a variance application, particularly where there has been no indication of any harm or . . .: damage suffered by- him. Very truly yours, Charles R. Cuddy CRC:jme 5 y< APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman �0``• �. Supervisor Charles Grigonis, Jr. ��7Q1 ��O Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 7654800 Jim , On Tuesday , the Planning Board staff (Bob , for Mark and Valerie ) asked whether SEQRA was done on .Village Marine . I told them that setback variances are Type II and it was understood that the Town Trustees did a thorough SEQRA process under their Wetlands Permit . I ' m not sure why this is being sent to you so late in the process . The Town Trustees resolution is a part of the ZBA file as furnished during the last hearing. Linda 11/1190 6 : 30 p .m . 1 , V o��FfOL���G NOV , I WO o ` Zer4 �JL�� PLANNING BOARD MEMBERS C=Ln 'fin " '� RRIS Bennett Orlowski, Jr., Chairman yO 0� Supervisor George Ritchie Latham, Jr. �' Richard G. Ward �P Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Jim Dinizio, Chairmen Pro Tem Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman RE: Environmental Review of Village Marine DATE: November 1, 1990 During the course of reviewing our files and responding to your request for an analysis of the parking on the site plan for Village Marine, it was noticed that this proposal had been listed as a Type II Action. I find this puzzling, because the proposal involves removing a storage building in order to build another with a larger foundation and footprint; one that has 2. 6 times more floor area than the existing storage building. Further, this new storage building will be larger than the main building, whereas the existing storage building is smaller. Also, the applicant proposes to add another use, that of a boat storage rack. It seems, according to Section 617.13 ,(also 617.12) of the State Environmental Quality Review Act, that this proposal should be listed as an Unlisted Action and should be subject to a coordinated review with other involved agencies. I 'd appreciate your thoughts on this. Feel free to call me at work at 727-3595. . _..� u w GHART ES A. GUDME r ATTORNEY AT LAW NOV O p 1410 180 OLD COUNTB.Y ROAD (RTE. 58) P. 0.BOX 1547 RIVFruuFaD,NY 11901 ADJACENT TO TELEPHONE 369-8200 MOTOR VF-MCLE DEPARTMENT November 9, 1990 AREA CODE 516 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Re: Village Marine Gentlemen: In accordance with the request made at the last hearing I am taking this opportunity to respond to the written objecton made by F. M. Flynn under date of November 3, 1990. His written opposition is directed to consideration of : 1. The non-conforming use of the premises and incidental thereto Mr. Flynn' s assessment of the powers of the Zoning Board of Appeals . 2 . A presentation of "facts" and his understanding of the law to be applied. Both points substantially miss the mark. Initially, while recognizing that the hour was late and perhaps voices did not carry well, Mr. Flynn did not correctly hear a statement which he attributed to me as conceding "that the subject property constituted a non-conforming use" . In fact, the property is not a non-conforming use but is a permitted use and I emphasized this on several occasions, both at the hearing on September 26th and the hearing on November lst, 1990. There is no basis for Mr. Flynn' s first objection as to a non-conforming use. The applicant did acknowledge that the parcel in question is a non-conforming commercial lot and, of course, its size and configuration is the very reason the applicant must come before the Zoning Board of Appeals to address the set back variance relief requested. Unfortunately, Mr. Flynn was not at the first hearing, although he did have the benefit of hearing David Young, one of the proprietors of Village Marine, assert that the reason for the boat rack was simply to take the existing boats, store them in an orderly fashion and open the interior of the parcel to permit - r _ Zoning Board- of Appeals Town of Southold - 2 - November 9, 1990 traffic circulation and the parking of vehicles. As noted at both hearings, there are currently a number of boats being repaired. These boats are stored at random throughout the boatyard. The boat rack will permit them to be stored in one place. The applicant has represented a state of facts, with reference to its present operation and proposed operation, and which it will adhere to with respect to not increasing the size of its marina operation. There is no basis for calling the applicant' s credibility into question except that it conforms with Mr. Flynn' s opposition to marinas. Making up facts and concluding that these facts dictate additional requirements be observed does not assist the hearing process and does really not address the application presented to the Board. The application is to obtain set back variances to permit site improvement. The alternative is, therefore, no site improvement and the various opponents apparently believe this is preferable. One must wonder aloud what positive contribution the opposition thinks it is making to the Town of Southold. Anderson, considered to be one of the foremost authorities on zoning, has noted, even as to non-conforming uses, which this site is not, that rules which prevent alterations which may render a non-conforming use less onerous, particularly where the owner will continue the use, may defeat the real interest of the community. It is appropriate to permit an extension or alteration which will render the non-conforming use more compatible. Anderson, New York Zoning, Law & Practice, Vol. I, pp. 270, 271 . I also would note, not parenthetically, that Mr. Flynn is not a neighbor or nearby resident of Village Marine, but lives in the hamlet of Southold, more than eight (8) miles away. I therefore object to his standing to oppose a variance application, particularly where there has been no indication of any harm or damage suffered by him. Very truly yours, e4-'Ir a - Charles R. Cuddy CRC: jme §6.40 NEW YORK ZONING NONCONFORMING USES §6.41 not sufficient that the nonconforming user show that he could operate his business more profitably if the variance were permitting alterations which promise to render the nonconform- granted.° A in the case of a conforming user who seeks a ing use more compatible with neighboring property. The user variance, must show undue hardship unique his situation, should not have to prove unique hardship;he should be required to show that his proposed alterations will reduce the deleterious and he must show that the variant use will not alter the main complexion of the neighborhood.,It is the requirement of undue effect of his nonconforming use. hardship that is a difficult one for the nonconforming user. He §6.41.Special permit to alter nonconforming use. must show that his property will not bring a fair return either as a nonconforming use without the variance, or used in con- A more flexible method of limiting alterations is provided by formity with the zoning ordinance 7 It is not sufficient that the ordinances which require that the nonconforming user apply to nonconforming user show declining returns, competitive disad- an administrative board, commonly a board of zoning appeals, vantage, and a dark business prognosis," nor is his cause aided for a special permit.10 Ordinances of this kind set up general decisively by proof that the alterations proposed will render the standards" to guide the determination of the board, and they nonconforming use more compatible with surrounding property., may make detailed provision for uses regarded as particularly The rule and its application are harsh but consistent with the offensive or incompatible in certain limited-use districts. An basic limitations upon the granting of variances. But a rule ordinance of this kind has the virtue of flexibility. In the hands which prevents alterations which may render a nonconforming of a skilled board such an ordinance may produce results which use less obnoxious to the neighborhood may defeat a real inter- are nearer to the fairness which is always the desired end of est while it seems to serve the basic policy against encourage- regulation than is possible where the ordinance imposes a flat ment of nonconforming uses. Thus, there is little wisdom and limit on alterations. less fairness in preventing the remodeling and landscaping of an Adequate standards are essential to the validity of an ordi- ancient, open-pit gasoline station. The owner may protest that nance which delegates to a board of zoning appeals authority to his equipment is obsolescent and that he is outgunned by a permit alteration of a nonconforming building to an extent nearby competitor,but the likelihood is that he will continue his proscribed in the ordinance.12 Although the standards set. up eyesore establishment if his application is disallowed and that may be general, they must adequately limit the discretion and the neighborhood will be diminished by it.While some control of authority of a board of zoning appeals to allow a nonconforming alteration-seems desirable, that end will be better achieved by alteration to an already nonconforming use. Where standards 5.Fortuna v Murdock,257 AD 993, NE2d 65 (1958); discussed in Million, are adequate to properly guide a board of zoning appeals,a court 13 NYS2d 712 (1939), affd 281 NY Hillary & Mahan, Real & Personal will not generally overrule the grant of a variance, short of an 763,24 NE2d 21. Property,1958 Survey of NY Law,33 abuse of discretion." 6. See Otto v Steinhilber, 282 NY NYU L Rev 1180(1958). 71, 76, 24 NE2d 851 (1939), reh den 9.Improvement of a clambake facil- 10.See Ordinances,City of Buffalo, amount without prescribing standards 282 NY 681,26 NE2d 811. ity would have enclosed some of the Ch LXX §18(5) (1957, as amended); to limit the board's discretion was activity, and the plan included some Zoning Ordinance, Town of Guilder- held invalid. Ehret v Bates, 18 AD2d 7. Crossroads Recreation, Inc. v landscaping. Gerling v Board of Zon- land§VII H(1971). 938,238 NYS2d 415(1963,2d Dept). Broz,4 NY2d 39,173 NYS2d 129,149 ing Appeals,6 AD2d 247, 176 NYS2d 11. Special permits are considered 13. Kovelman v Plaut, 201 Misc NE2d 65(1958);discussed in Court of 871(1958,4th Dept). in detail in Chapter 24,infra. Appeals,.1957 Term—Municipal Cor- P 473,.105 NYS2d 280(1951). orations,8 Buffalo L Rev 162(1958- Improvement of a gasoline station p 12. Where a zoning ordinance pro- Compare Bobandal Realties, Inc. v 59); and Gerling v Board of Zoning Would have removed an outdoor, hibited alteration of a nonconforming Worthington, 21 AD2d 784, 250 Appeals,6 AD2d 247,176 NYS2d 871 open-pit grease rack,and would other- wise pp have made the property more building in an amount greater than NYS2d 575 (1964, 2d Dept), affd 15 (1958,4th Dept). p p y 50 percent of the assessed value of NY2d 788,257 NYS2d 588,205 NE2d sightly. Crossroads Recreation, Inc. v f such building; a provision delegating 685 (appellate division reversed Su- Broz,4 NY2d 39,173 NYS2d 129,149 NE2d 65(1958).S. Crossroads Recreation, Inc. v Broz,4 NY2d 39,172 NYS2d 129,149 to a board of zoning appeals authority preme Court order to issue variance 270 to permit alterations in greater to petitioner since petitioner had by- 271 N. ,'Y (a [�_ C I C� To: Southold Town Board of Zoning Appeals ��� `I '✓ From: F . M. Flynn -77, Re : Application of Village Marine for Variances (Appl . 3938 ) Date : November 3 , 1990 If I heard correctly , Mr. Cuddy , during the course of the hearing on the referenced application on November 1 , 1990 , conceded that the subject property constituted a nonconforming use . He denigrated the importance of the property' s status saying, in effect , that we were all aware of it , but that it had no bearing on the application. If the record confirms my understanding, this gets to the very heart of the matter and allows the Bard no alternative but to deny the application. Section 100-13 of the Southold Code clearly defines Nonconforming Use as being a use , whetter of a building, sign or tract of land , or a "combination of these " which , while legally existing, does not conform to the present use regulations of the district in which it is located . Chapter 100 of the Code states among its Purposes : "The gradual elimination of nonconforming uses . " It is the clear intent to prohibit their creation , proliferation, and expansion or the granting of variances which would have a concomitant effect . Section 100-241 , relative to Nonconforming Uses , states that , while such a use may be continued , such uses or buildings may not be enlarged , altred , extended , reconstructed or restored , or placed on a different portion of the lot or parcel and that external evidence of such use may not be increased . As if the above were not sufficient grounds to deny the application, the existing building is nonconforming and the proposed building would create a new nonconformance . Section 100-242 , with respect to the nonconforming existing a building; it may be remodled ; reconstucted or enlarged , proved that such action does not create any new conformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings . I have repeatedly called to the attention of the Board that the power.os delegated to it bythe Town Board are limited. The past actions of the ZBA have indiocated an inability or unwillingness to grasp this fact . With respect to variances , the ZBA has only the righ to modify the "strict" letter of the regulations , not to usurp the Town r Board' s powers by effectively rewriting them. The ZBA is enjoined to observe the "spirit" of the zoning chapter. Both the spirit and intent of the chapter are fully and explicitly conveyed in the clear wording of the regulations . Even were the property not nonconforming, there are ample and compelling reasons to deny the application. The proposed storage rack is 102 ' x 11 ' by 191 high . It would have a capacity of approximately 30 boats . The structure alone would occupy a grade area of 1122 sq . ft . Has anyone considere that when boats are stored they would average some 201in length. (The Port of Egypt racks boats up to 281 in length . ) Thus some 2240 sq. ft . of grade area would be required for boat storage alone . At least an equivalent area would be required for maneuvering fork lifts southerly of the rack. Are we really to believe that a rack capacity of some 30 boats is required solely as backup capacity for repairs . Having had some experience in marina operations , and since there is a launching ramp , on the premises , it would appear inevitable that these racks would eventuall br° used for "high and dry" storage. With respect to parking, applicant purports to provide 22 spaces . I may be mistaken, but I count 2.0 on the site plan. In any event , 29 spaces are required for the presentuse ; more if retail business is conducted. It is perhaps significant that an earlier survey by the N. F . E. C. couved over 30 boats in the water. Further certain of the planned ' arking spaces are inadequate . It should also be noted that , if the launching ramp is to be used as a commercial ramp for outside customers , additional provision must be made for onsite parking. Each such customer , along with his trailer would require at least two parking spaces . The launching ramp , according to the Southold Code , is a structure ; constructed above ground . It can be construed as analogous to "walks" which while somewhat less prepossing, are nevertheless defined as structures . The addition of some 30 boats in the formof rack storage would result in a requirement for at least 59 parking spaces . The total Code requirement for parking area would be 20 , 650 sq . ft . The Code regquirement for landscaping, at 200 ,, equals 4729 sq . ft. total Code requirements for ain'd area , exclusive of setbacks al Parking 20 , 650 sq. ft . Buildings 5 , 024 Landscaping 4 , 729 Ramp 520 +/- Rack (gross area) 2 , 2140 Total 33 , 163 sq. ft .+/- Total plot area is 23 , 645 sq. ft . ( 2 ) Arguments of economic hardship have been introduced . Even were it legally possible to grant variances , "dollars and cents"proof must be produced by the applicant . The applicant must prove the property is virtually worthless as zoned. This is hardly sustainable in view of the recent purchase price. Rhetorically, what higher value can the property have than its present use , enjoying the benefits of nonconformance . As for practical difficulties , the factors the Board must consider havebeen repeated ad nauseam. The practical difficulties , if any , in this instance , arise from the proposed expansion and the applicant ' s attempt to increase profitability. For the reasons noted , and those expressed by others (notably the Planning Board) , I petition the Zoning Board of Appeals to deny this application. ( 3 ) UY OCT 2 41990 2 Bouton Pl. , Huntington, New York 11743 October 19, 1990 Mr. Gerry Geohringer, Chm. Zoning Board of Appeals Southold, New York 11971 Dear Mr. Geohringer: We are emphatically opposed to granting Village Marine a variance to build a larger structure and expanded storage facilities. My wife, my mother, Kathryn Klein and myself, own property on East Legion Ave. , along James creek. Boat traffic in the creek is already a nuisance due to the noise, fumes and wakes produced, more boats will only aggrevate the problem. , We can see no reason why these structures are necessary, given that Village Marine has other locations on the main road which should be sufficient. Sincerely, James E. Klein D CjH A RT.ES R. CUDDY I ATTORNEY AT LAw OCT 180 Or.n COUNTRY ROAD(RTE. 58) P.O.BOX 1547 RlvEuI-rr+ D,NY 11901 -- ADJACENT TO TELEPHONE 369-8200 MOTOR VEHICLE DEPARTMENT AREA CODE 516 October 9 , 1990 Mr. James Dinizio, Jr. Chairman, Pro Tem Zoning. Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Village Marine - Area Variance Application Dear Mr. Dinizio: As you will recall at the hearing on the above application held on September 26, 1990, I requested the opportunity to respond to any written communication from the Planning Board received by the Zoning Board of Appeals after the hearing date. I have become aware of a memorandum from the Planning Board dated October 2 , 1990 and offer the following response. Initially in reviewing the Planning Board's memorandum, it is' not clear whether the Planning Board or that Board's staff considered this application; the memorandum is unsigned, does not appear to be a resolution of the full Planning Board and is initialled by a member of the Planning Board staff . The memorandum does not address the issues of practical difficulty or whether there is a need for a boat repair building, and indeed does not recognize the fact that the site is zoned for marina purposes. The comment that the property is over developed is a non-sequitur. It will not be less developed or more developed by the application before the Zoning Board. It will be better utilized. Improved utilization of a parcel should be a concept embraced, not rejected, by the Planning Board. Denying the application will not result in a better parking arrangement. While the parking requirement is significant, the existing site does not have more than the 7 spaces shown on the plan before the Zoning Board. Of greater importance is the fact that the applicant is amending the plan to reflect additional parking where boats are now stored. This will ameliorate difficult traffic and parking conditions. As to landscaping, the plan will also show planters along the bulkheading. /p 1 / Mr. James Dinizio, Jr. Chairman, Pro Tem Zoning Board of Appeals Town of Southold -2- October 9, 1990 Additional lot coverage as a result of the boat storage rack raise the percentage of lot coverage from 21 . 2% to 26.4%, well within the permitted 30% coverage. It is doubtful that the boat storage rack must be considered in connection with the parking requirements. In fact by its letter of September 21 , 1990 the Planning Board advised that the required number of parking spaces would be 29 as is shown on the site plan. In a span of 12 days, the Planning Board appears to have changed its position. The objections voiced by the memorandum from the Planning Board deal only tangentially with the issues before the Zoning Board and should not be weighed seriously in the Board's determination. Very truly yours, CRC/ejc Charles R. CuddyD .�, ;� � - �. :.; �� � , }�� a� � ` _ �, ;�� �� � ;�� D -- � -� ,apt _ ��;�� �� � � ����-� ��,� � � o :�� ���� . �� J �� ,/ ���� �r 9 i Y J ��.U✓c�Gr_-�t:-�' yam/ � �'L/��° a � ��i �� y APPEALS BOARD MEMBERS t SCOTT L. HARRIS Gerard P. Goehrin er, Chairman 7iy" Supervisor Charles Grigonis, Jr. V � 'i Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516) 765-1.800 TO: Planning Board Attention: Valerie Scopaz, Planner FROM: James Dinizio, Chairman Pro Tem Board of Appeals DATE: October 24, 1990 SUBJECT: Planning Board Letters of 9/21/90 and 10/2/90 Pending Site Plan - Village Marine SCTM #1000-122-3-15.1 With reference to the above application, please find attached the latest print of site plan showing 20 proposed parking spaces. As you may know, the hearing on this application has been continued until Thursday, November 1, 1990, and we ask your review. as to whether or not the parking layout as shown on this plan is conforming under the requirements for site plans -- with the exception, of course, that the plan is nine parking spaces short of the code requirements. Please provide our office with your comments as early as possible, or in the alternative, please feel free to have a representative from your department attend the hearing. The hearing has been continued for 9:10 p.m. on 11/1/90. } t ; f 3 W I ILL I AM QCT I. g 1990 P.O. x 10445 ALCM. 12A,ZXA JG ��+` KC�f 1 141� 10.8•g0 �100 8. 14 IP 5•G.�` �� lGY�'?- !22 - 3 - 1� l._ . .����� +���>ztvts�a►S 7 •►6.-9d ���vistorJ �-8•qv• V ILL.���l� .� /�\�11�1��-•-•' DATE-. M���t'I`51K- fV �• CHECKED GLUECKERT AND WIESER �ERED A ye ARCHITECTS OR GL 300 WHEELER ROAD SUITE 303 HAUPPAUGE NEW YORK 11769 SCALE. SIB-234.4897 / PROJECT t rq 23414 OF 4G NEW DWG.NO. 005 �oGy z ON -Z DO PLANNING BOARD MEMBERS HARRIS Bennett Orlowski, Jr., Chairman V�� • �. ervisor George Ritchie Latham, Jr. �0 Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Bennett Orlowski Jr. , Chairman . /�S DATE October 2, 1990 RE: Village Marine SCTM# 1000-122-3-15 The following is in response to your request for comments on Application No. 3938, Village Marine. The Planning Board is not in favor of granting the requested variances for insufficient setbacks and relief from parking and landscaping requirements. The Boards reason' s for not being in favor are as follows: The property is over developed now. The requested relief from the requirement for twenty nine ( 29) parking spaces cannot be met with the seven (7) spaces shown on the proposed site plan. In addition, the proposed boat storage racks- have not been included in either the lot coverage or parking calculations. Finally there is no landscaping on site. And none is proposed on the site plan. kr, , . r. . }k APPEALS BOARD MEMBERS ' SCOTT L. HARRIS J` i a � Pt �+�'i+ `� :by- , t� �� Supervisor Gerard P. Goehringer, Chairman { .�4 ` a� p Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 September 28, 1990 :, Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appl. No. 3938 - Village Marine (Variance) Dear Mr. Cuddy: Please furnish three prints of a sketch drawn to scale (or amended site plan) depicting those parking spaces which have been referred to as additional alternative parking spaces, on the existing bluestone areas, in the event outside storage of boats is transferred from the existing areas to the boat rack. It should also be determined which area would be necessary to remain open and unobstructed for moving boats within the premises to the boat rack. Should there be any continuation of outside storage of boats to areas other than the boat rack or within the building area, please also include that storage area on the plan. The public hearing has been recessed until our next Regular Meeting (expected to be held on Thursday evening, November 1, _1990. ) A copy of the meeting notice will be forwarded to you during October confirming the date and time. Yours very truly, JAMES DINIZIO, JR. CHAIRMAN PRO TEM New York State Department of Environmental Conservation Z Building 40—SUNY, Stony Brook, New York 11794 (516) 751-7900 - o 'Thomas C. Jorling Commissioner June 27, 1989 -. JUL- — 6 1159 Mr. Charles Bowman Fa } Land Use Co. Suu '7�" =,:,'.," 2576 Sound Ave. �--����;�•w, Baiting Hollow; NY 11933 Re: Village Marine 10-88-1869 Dear Mr. Bowman: In response to Notice of Complete Application, the Town of Southold Planning Board has informed me they have not received a site plan application for this project, which is required for them to comment on the proposed building and variance. Submit all required plans to the Town Planning Board so we may proceed with our review. Sincerely, Kathy Murphy Environmental Analyst KHM: jff cc: -�G. Kassner, Town of Southold F. Mushacke file i (, r-g 1 n1(.s�11 �i Town Hall. 53095 Main Road ' " ' P.O. Box 1179 �a �,,t Southold.-New York 11971 y_.t TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 19, 1989 Katy Murphy Building 40, Room 219 State University of New York Stony Brook, New York 11794 RE: Village Marina Mattituck, N.Y. SCTM # 1000-122-03-15.1 Dear Ms. Murphy, The Planning Board is unable to comment on the proposed building and variance because it has not received a site plan application for the above-referenced project. Site plan approval. is required for the construction of a building within a marina, and for the proposed grading and drainage. Upon receipt of a complete application, the Planning Board will do a coordinated environmental review of the project, then forward its comments to your office. If there are any questions, please do not hesitate to contact this office. y Trul Y , .,ram �f .-� � • Bennett Orlowski, Jr. Chairman cc: Frank A. Kujawski, Jr. , Board of Trustees James A. Schondebare, Town Attorney Victor Lessard, Building Department Village Marina Land Use April 11, 1989 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. BOX 728 Southold, N.Y. 11971 Attn: Joan Re: Village Marine Application No. 677 Dear Joan: As per our recent telephone conversation, enclosed please find copy of letter sent to N.Y.S.D.E.C. requesting an amendment to the above noted application. Also enclosed please find a copy of the amended site plan prepared relative to this application. Should you have any questions with regards to this matter, kindly contact me at your convenience. Thank you for your continued cooperation. Very truly yours, 1 Tanya L. Esp TLE Enc. 2576 Sound Avenue Baiting Hollow, New York 11933 (516) 727-2400 0 FAX(516) 727-2605 �-J zE Zand DiE Cot7z /zarz I N. COUNTRY RD. 0 BOX 361 WADING RIVER. N.Y. 11792 (510 929 3515 February 2 , 1989 N.Y.S.D.E.C . Bureau of Regulatory Affairs , Room 219 Bldg . #40 , SUNY Stony Brook, N.Y. 11794 Attn: Ms . Susan Ackerman Re: Village Marine Application No. 10-88-1869 Dear Ms . Ackerman: As per our clients request dated 1/31/89, kindly amend the above referenced application to reflect the following amendment to the application: 1 . ) The applicant proposes to demolish thes'tz 1 metal building and replace same with 40 'x 60 - structure for boat repair and storage . 2 . ) The previously proposed equipment storage building ( 8 'x 401 ) would be located on the east side of the new structure. Please note that the variance request for setback is amended to 48 ' from the previously proposed 371 . Additionally, please be advised that this amendment still falls below the 20% lot coverage criteria. I remain, Very truly yours , Charles W. Bowman CWB/te Enc. .... . n,'I-Pl1 of M, 1' nn Mnl-ii nr4- 4r.n 11/29/88 C Page 2 . ' On a motion by Heather Tetrault , seconded by Daniel Kujawski, it was RESOLVED to recommend to the Southold Town Trustees approval with recommer ations of Wetland Application No. 674 of William Corwin to construct an irregular shaped wooden deck on the north and east of the single family dwelling as shown on submitted site plan. (Project shown on submitted plan was recommended by the NYSDEC. ) The CAC approves with the recommendation that applicant install drywells and add naatural plantings between the lawn and wetlands. New Suffolk Avenue, New Suffolk Vote of Council: Ayes: All Motion carried. Wetland Application No. 675 of Oyster Farm Associates to dredge, enlarge, and bulkhead existing marine basin was tabled by the Council. The Council has serious reservations concerning the project. Also it would like to consider the project as a whole, not segmented, other Departments may have some influence on the project as a whole. On a motion by John Tutill, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetlanc Application No. 676 of Gus Wade to install a 65 ' x 81 . (clear) prefabricatE steel bridge to span former underwater (now filled upland) of Trustees . Bridge to be supported by concrete vertical members at each end. Approx- imately 175 c.y, of clean sand and loam fille to be trucked in and capped with 15 c.y. of gravel to create sloped "ramps" at each end. . Purpose of the bridge is to allow access to proposed house of applicant for which permission is also being requested. House will be "pedestal" type and to- have associated sanitary system, blluestone driveway, etc. All work to be as submitted plans. The CAC disapproves as it feels it is an environmentally dangerous project The Council disapproves of the proposed house in the location as proposed. Since it disapproves of the house, there is no need for the access bridge. The Council also questions the segmenting of the SEQRA process. On a motion by Bruce Loucka, seconded by John Holzapfel, it. was RESOLVED to recommend to the Southold Town Trustees approval with stipula- tions Wetland Application NO. 677 of Village Marine to construct an 8 ' x 40 ' accessory building within existing parking area for use in equipment storage and services. Building to be located adjacent to existing structure. The CAC recommends approval with the recommendation that applicant install a pumpout station and that stipulates that appli- cant install catch basins . Since servicing will be done in the build- ing provisions must be made to prevent any seepage or runoff into adjacent waters . 175 Bay Avenue, Mattituck. Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by Heather Tetrault , it was RESOLVED to recommend to the Southold Town Trustees approval with stipu- lations of Wetland Application No. 679 of Frederick Krug to maintenance dredge indented area 8 ' x 58 ' to 4 ' below MLW, approximately 18 c.y. to be removed and placed on owner 's property. The Council approves if the applicant places the spoil at bast 75 ' from the edge of creek. Budds Pond Road, Southold. Vote of Council: Ayes : All Motion carried. , " • . . .o/sue •/ �� •. ,.x /� . - . `fit 523° •.60 � ,� •j . . . . :' - 14 r•=a 'A 1 Proposed Accessory Structure Village Marine 175 Bay Avenue Mattituck, N.Y.. 11952 ? `• _ Q Scale 1" = 30 ' • 05 Area of tot = 22 , 000 s-. f . °O�••;�; ' ' ' Area of Existing Structures.` = 2494 s .f . (9%) Area of Proposed Structures ' - 4208 s. f . ( 19%) ' .. •3a w. 50.5� , "E. s'•34 0p -' • 0 S FFkir 1 TELEPHONE BOARD OF TOWN TRUSTEES (516)765-1892 TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE OF A PERMIT PURSUANT TO THE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODES OF THE TOWN OF SOUTHOLD. /o- 9Y_ /2 V.- 3-/ - / APPLICATION NO.— —__DATE OF APPLICATION October 12, 1988 IDENTITY OF APPLICANT Village Marine 298-5800 —��_— _--PHONE NO _ ADDRESS OF APPLICANT' 175 Bay Avenue, Mattituck TAX MAP NO. 1000-122-3-15. 1 --- AGENT Land Use Company 929-3575 NO PERMIT REQUESTED To construct an 81x 40 ' accessory building within existing parking areal or usein .Building will be located adjacent to existing structure. LOCATION OF PROPERTY FOR WHICH PERMIT WANTED '175 Bay Avenue, Mattituck ----HOME ADDRESS ADDRESS OF PERMIT' APPLICANT IF DIFFERENT FROM AFORESAID LOCATION CREEK, BAY OR HARBOR FRONTING PROPERTY Head of James Creek SIZE OF PROPOSED WORK 81x 40 ' IN. --------------—--------- `. LENGTH 40 , WIDTH 81 --- _—w HEIGHT ABOVE HIGH WATER -Not. applicabi-e Y ~ DEPTH BELOW LOW WATER Not applicable --------------- YARDS TO BE EXCAVATED -0- YARDS TO BE FILLED -0- WIDTH OF CANAL. CREEK OR MAY FRONTING PROPERTY 80 , N---- DEPTH AT LOW- TIDE Not applicable r — AVERAGE RISE IN TIDE 1 .7 ' _--_ ---- — DISTANCE TO THE NEAREST CHANNEL N/A-_—FT. — — DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA -0 IS THIS FOR PRIVATE OR BUSINESS USE? . .B•usiness AREA ZONING Commercial —" MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED_ Not applicable M- INTENDED USE OF PROPERTY---- mEagru]1.npiaCjn _st0_r_a a and services_____ f_or existiri g o DESCRIBE ANY KNOWN PRIOR OPERATIONS �erationONDUCTED ON THE PREMISE — r Existing Marina --�� -- AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN .ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL AGENCY- NO suspensions r DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY Not-applicable-accessing structure to be------------ located within existing parking area. WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. Enclosed ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? No COUNTY OF SUFFOLK •' ) STATE OF NEW YORK ) SS: Tanya Esper for Land Use Company BEING DULY SWORN DEPOSES agent for the AND SAYS THATSHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE—AND BELIEF, THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL . DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF, GRANTED. In completing this application I hereby authorize the Trustees agent or representative to enter onto property to inspect tie premises in conjunction with revi this app tion. SIGNATURE O APPLICANT Land Use Company by: Tanya Esper SWORN TO BEFORE ME THIS �Zn , DAY OF 1 9 NOTARY PUBLIC \'!. r)01M,V N NOTARY PUP.I_IC, 5ta1c of i le\v York No. 4650,953, Swfolk C0111:ly EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT, DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED " WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS, DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS, IF ANY r EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Annrrnrn.i COUNTY OF SUFFOLK , ) STATE OF NEW YORK ) SS: Tanya Esper for Land Use Company BEING DULY SWORN DEPOSES agent for the AND SAYS THATSHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. In completing this application I hereby authorize the Trustees agent or representative to enter onto my roperty to inspect tie premises in conjunction with revi this app tion. SIGNATURE O APPLICANT Land Use Company by: Tanya Esper SWORN TO BEFORE ME TH'I S DAY OF 19 NOTARY PUBLIC ���#hL�a W. rioWt.,vN rJOTARY PUPI.IC, S:, .Ila of ;low York No. 4650453, Suffolk CourlY EXAMINED !'omm4sion T-wir-, 1 ZI�1 APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT, DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS, DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS, IF ANY r' EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Annrmnori 14.16.4(2/87)—Text 12 .�•� ' PROJECT I.D.NUMBER 617.21 SEW Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) . 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: V llacte Marine Proposed Accessory Structure Municipality 175 Bay Avenue, Mattituck County Suffolk. 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) 175 Bay Avenue 5. IS PROPOSED ACTIO ❑New 15Expanslon ❑Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct an 8 'x 40' accessory structure for equipment storage and servicing. Building will be located within existing parking area -.adjacent to existing structure. 7. AMOUNT OF LAND AFFECTED: Initially 320 S . f . acres Ultimately 320 s . f. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ' Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY J PROJECT? ❑Residential ❑Industrial Commercial ❑Agriculture ❑park/Forest/Open space ❑Other Describe: I ' • I 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? t1J Yes ❑No If yes, list agency(s)and permit/approvals N.Y.S.D.E .C. Art. 25 11. DOES ANY�ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes,list agency name and permit/approval 12. AS A RESULT PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor me: L se Company Date: 10-12-88 L .. .. ^ Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER t y t _ s gfiF- Za Jk d' (-U iF- CO n2/2ar2 N. COUNTRY RD. • BOX 361 WADING RIVER, N.Y. 11792 (5i6) 929-3575 APR 2 3 1996 April 17, 1986 State of New York Department of State Coastal Management Program 162 Washington AVe . Albany, N.Y. 12231 Attn: Mr. David Buerle Re : Application No. F-86-054, Village Marine Dear Mr. Buerle : As per our recent telephone conversation, enclosed please find a revised site plan showing that the proposed bulkhead shall be constructed above the Spring High Tide line. Should you have any further questions or comments with regards to this application, kindly contact me at your convenience. I remain, Very Truly Yours, Charles W. Bowman CWB/te Enc. JJ .. P1.,PoSED• $ILK HEAD ADJOINING OWNERS. ar.A AAr"\ES CREEK f MArrirul AT r`'IATrrrur-ic TO\•Jt4 dF SOUZHOI.A IG�NT•�{ ,.••�-� f_ AIRPOR. OF SV FOLK STATE U Z. . ALF�ED 3. KRON. op NEw �oRFz. :t�s' �9 L',`�JL 3, WILLIAM A. STEINER �,�,.q�,� t-�►AR,N� DATF : I -ZO- $(o NTy L}ACsQ>20 SuFFOLfc�oJ i MAP 23 SGA L 5G�1LE : I'._ 5d 0' N \ \ O Z5 50 %% (:5,*N\% DATur-.: 1"VAtJ SEA LEVEL. AJRPDSE' Ek`coyON GOTJT1C01..•. ol Air N O a ol'ot e D Frl.l. PWOSED dW.K HF�A ligillZ Svc, • � oll Nw wok MAnlc� q• r-LOOP [ sack ,AMES CRE.E K. * / PC.a"T vvl rH: 150' / *IE LIHE Xw46 Wavalk EUGE of grEEK Al. LOLgr"IN SUWAv 6Y AA. raaNG 0q / I_ -T�4 E U SF- S1-4EET 16r L VRANK A. KUJAWSKI, JR., President = TELEPHONE ALBERT J. KRUPSKI, JR.,Vice-President Ln (516)765-1892 JOHN M. BREDEMEYER, III Off, JOHN L. BEDNOSKI, JR. �Q1 HENRY P. SMITH BOARD OF TOWN TRUSTEES z g� TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 � Southold, New York 11971 D May 10, 1989 Land Use Co. 2576 Sound Ave. Baiting Hollow, N.Y. 11933 Re: Application No. 10-88-122-3-15. 1 - Village Marine Dear Ms. Esper: The following action was taken by the Board of Town Trustees . during their regular meeting held on April 27, 1989 regarding the above matter: WHEREAS, Land Use Company on behalf of Village Marine applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 12, 1988, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public -hearing was held by the Town Trustees with respect to said application on April 27, 1989 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS,. the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED that Land Use Company ON BEHALF OF Village Marine BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Construct a 40' X 60 ' accessory building to be used for boat storage and services. Conditions for approval include installation of gutters and drywells to prevent runoff into wetlands. 1 a This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Permit will be issued upon payment of the following fees: Inspection Fee . . . . . . . . . . . . . . . . . . . .$10.00 Very truly yours, Frank A. Kujawski, Jr., President Board of Town Trustees FAK: jas cc: Bldg. Dept. Conservation Advisory Council file 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK 2 ---------------- - ------------------- [E @ IE o W IE 3 4 TOWN OF SOUTHOLD OCT 12 1990 ZONING BOARD OF APPEALS HEARING 5 ------------------------------------X 6 Town. Hall 7 53095 Main Road P.O. Box 1179 -- 8 Southold, New York 11971 9 September 26, 1990 9: 30 P.M. 10 11 B E F O R E 12 GERARD P. GOEHRINGER, 13 . Chairman �}QSFnr% 14 15 BOARD MEMBERS: 16 CHARLES GRIGONIS, JR. 17 SERGE DOYEN, JR. 18 JOSEPH H. SAW I CK I, �1�1Sen+T 19 JAMES DINIZIO, JR. 20 21 ALSO PRESENT: LINDA KOWALSKI , Board Secretary 22 23 24 25 1 2 2 (Excerpt of Southold Town Zoning 3 Board of Appeals hearing, September 26, 4 1990 . ) 5 (Recess taken, at 9: 27 p.m. ,, at which 6 time Mr. Goehringer recused himself from the 7 hearing, and proceedings resumed at 9:30 8 p.m. with Mr. Dinizio presiding. ) 9 THE CHAIRMAN: I make a motion to 10 reconvene. 11 MR. DOYEN: Second. 12 THE CHAIRMAN: All in favor? 13 MR. DOYEN: Aye. 14 MR. GRIGONIS: Aye. 15 THE CHAIRMAN: My name is James 16 Dinizio, Jr. , and as Gerry explained to you 17 before, this being a small town, you know we 18 all have friends and Gerry felt it better 19 that he not be here for this meeting. So I 20 am going to conduct it. We will reconvene. 21 (Time noted: 9:33 p.m. ) 22 THE CHAIRMAN: This is the 23 application in behalf of Village Marine, 24 Application Number 3938 . 25 (Legal Notice read off record. ) I 1 3 J 2 MR. DINIZIO: We have a copy of the 3 zoning map, and the Southold Town Property 4 Tax Records and County Tax Map. 5 Does anybody wish to be.heard in 6 behalf of this application? 7 MR. CUDDY: My name is Charles Cuddy. 8 I am an attorney for the applicant, Village 9 Marine. This is an application for a piece 10 of property that on the east side of Bay 11 Avenue, in Mattituck, approximately 150 feet 12 south of the Main Road. For those who have 13 some knowledge of the area, it is directly 14 right in back of the Hess gas station. 15 The parcel is 23, 645 square feet . It 16 has an existing building on it . It has a 17 frame building. It has an existing metal 18 building. It is our intention to replace -- 19 the existing metal building, as it is 20 approximately 1 ,000 square feet , with the 21 new building which will be 2 , 400 square 22 feet. Also, it will be a metal building. 23 In addition, we want to place a boat rack, 24 which is 11 feet by 102 feet in length, at 25 one corner of- the property. 1 4 2 These two additions to the property 3 -- really, in one case, replacement gave 4 rise to this application, and without going 5 back to the Book of Genesis, I would like to 6 go back a little bit to the beginning, at 7 least zoning-wise, and discuss for one 8 minute what we have and what maybe we don' t 9 have. 10 This piece of property has been there 11 for years and years . It has been used as a 12 marina for years and years . In 1989, the 13 Town Board legislatively endorsed the use of 14 this piece of property as being in the M-I 15 Zone. All the uses we have are permitted 16 uses . All of the uses we are going to make 17 are permitted uses . We are not changing any 18 uses . We are not asking for an extension of 19 a non-conforming use. We are asking for 20 area variances based on the small piece of 21 property, half-acre piece, that we cannot 22 use properly, we think, without these 23 variances . 24 The variances that we are requesting i 25 begin with one from the bulkhead. our 1 5 2 present situation is that we are located 3 approximately 32 to 33 feet back with the 4 existing metal building, and I refer you to 5 the site plan map, which I think you have a 6 copy of, just to see the distances, but we 7 are asking that instead of being 32 or 33 8 feet back from the bulkhead, that in fact we 9 be 28 feet back from the bulkhead. 10 So that is the extent of the variance 11 from what exists and, I think, what existed 12 is important because this is not a vacant 13 piece of land we are asking for variances 14 on. This is an existing parcel . We are 15 asking, essentially, from the bulkhead that 16 we have from the metal building, the new 17 one, a difference of approximately five feet 18 from what we now have. 19 We have a front yard that's 37 .3 20 feet . That conforms to the requirements . 21 We have a side yard approximately that is 3 22 feet, on what is the northerly side of the 23 property. We are going to take the new 24 building and extend it exactly parallel . So 25 we end up with 3 feet . The requirement of 6 2 the side yard,. as I understand, is 20 feet . 3 What we are asking for is that we be allowed 4 to have exactly what we now have. It is 3 5 feet, and that we are not changing it . It 6 is very narrow. It is a 3 foot lot . It is 7 3 feet and we are going to continue in 8 exactly that . 9 This large building will have a 20- 10 foot rear yard. The requirement is 25 feet . 11 The rear yard backs onto the fenced area and 12 also backs onto the business zoned piece of 13 property, so that the variance there is 14 indeed very slight . 15 As to the boat rack, the boat rack we 16 ask that we be given a 10-foot side yard on 17 one side and a 10-foot rear yard. 18 Requirement again for the rear yard is 25 19 feet , but it is a rear yard that extends 20 onto a 5-foot metal chain link fence and 21 also back onto the right-of-way. So 22 essentially there is no use, except for 23 vehicles going back and forth, of the rear 24 yard. Cl 25 The boat rack will allow us to store 1 7 2' boats . We do not intend -- and I say this 3 most emphatically so there is no question 4 from anybody in the audience or anybody on 5 the Board -- we do not intend to bring any 6 new boats as part and parcel of what we are 7 doing. -. 8 The reason for doing this is to take 9 the existing boats -- and the entire area is 10 essentially cluttered with boats because it 11 is a small parcel -- to put the boats that 12 are being repaired inside the building. 13 They now repair the boats outside the 14 building. When it gets rainy and cold, to 15 repair the boats outside the building is 16 difficult. They want to use the new 17 building to repair the boats . They want to 18 store the existing boats they are repairing 19 on the rack. Therefore, they will clear out 20 the cluttered area of the boats now. We 21 cannot take a car and go into the existing 22 facility, because there are boats all over. 23 Once that clears out it is their 24 contention to try to use that area to expand 25 the parking . It is not shown on the map 1 8 .1 2 that way and that ' s not what we requested, 3 but it is our intention to try to get more 4 parking spaces, and the parking now is 7 5 spaces. It has been 7 spaces for a long, g long time. The requirement is much greater. 7 The requirement is 29 spaces . We would have 8 no place to have any additional parking, 9 except if we clear out the boat area. We 10 are saying simply we intend to put more 11 spaces there. We don' t know how many. We 12 have 7 . We had 7 . We are not increasing 13 the number of boats . We •are simply going to 14 use it as it is . 15 As far as landscaping, there is 16 minimal landscaping. I 'would say there is 17 no landscaping at this site, because it is 18 basically a building and parking area. We 19 are a boat storage area at this point . We 20 will put some landscaping bushes and flowers 21 along the area that is used for the dock at 22 this point . That is right at the bulkhead. 23 Aside from that , there is no place to 24 landscape at all . We ask for a variance for 25 that requirement . (l 9 �.J 2 I would point out to the Board that 3 real practical difficulty in this 4 application is that you have a lot which not 5 only is small , but has a strange configura- 6 tion. The configuration is triangular in 7 slope. Because of that, I think the 8 variances we ask for are not excessive. 9 I think the variances would meet the 10 test of practical difficulties . We are not 11 going to change the character of the 12 neighborhood. There is no other means to 13 use it to get the point we want to be at, I�J 14 which is to have a larger usable building 15 for the repairs . There is no excessive or 16 further demands at all on governmental 17 facilities . We are going to have variances 18 for the most part that are not substantial , 19 certainly in light of what we already have. 20 They are basically minimal variances 21 compared to the overall requirements . Some 22 of them are significant, but not compared to 23 what we have. 24 I would ask that this Board encourage 25 properties to be improved, that they permit 1 10 2 and grant this particular variance. I would 3 like to say that if the Board were to reject 4 this variance, what would happen is you 5 would have' basically the same place you now 6 have. You would have no improvement in 7 structure. You would have a clutter of �- g boats, no better parking. There would be 9 nothing that would improve the site and I 10 think that would be inappropriate. 11 I would say two things in closing. 12 First, it has been my experience that on 13 occasions , when site plans are pending, that 14 you get communications either at the time of 15 the hearing or after the hearing from the 16 Planning Board. If that happens, I would 17 ask for the opportunity to respond to 18 whatever the Planning Board says that that 19 may be negative concerning this application. 20 I want to point out to the Board that 21 at the time this application was initially 22 made, Linda Kowalski , who is the Board 23 secretary and administrative assistant, was 24 working with me in my office. She no longer 25 is , but I want it to be known. From the 1 11 2 very time she began working for the Town, 3 she no longer worked on this application. 4 I would ask that you approve the 5 application. Thank you. 6 THE CHAIRMAN: Mr. Cuddy, I can tell 7 you that I believe today we received -- g something from the Planning Board requesting 9 that we hold the hearing open or recessing 10 it with the idea they could have some input 11 into what was going on here. I can give you 12 a copy of that . 13 So they haven' t submitted it yet, but 14 they did say they intended to comment on 15 this application. 16 MR. CUDDY: I would certainly ask 17 that I have the opportunity to respond to 18 whatever they say. 19 THE CHAIRMAN: Certainly, as long as 20 you are willing to go forward with that . 21 MR. CUDDY: otherwise I would have no 22 reason to keep it open except for that 23 narrow point . 24 THE CHAIRMAN: Would you like to Cl 25 respond in writing to that? 1 12 2 MR. CUDDY: I would prefer to respond 3 in writing. If there' s is in writing -- I 4 take it they are not here -- that it will be 5 in writing. I will respond in writing. 6 MR. DINIZIO: They haven' t made 7 comments yet . As soon as we get them -- _. 8 MR. CUDDY: Fine. Thank you. 9 THE CHAIRMAN: Mr . Cuddy, I have a 10 few questions but I think I will wait until 11 after I hear if anybody has any other 12 comments positive to this application and 13 negative comments . 14 MR. GOLDMAN: Robert Goldman. I am 15 the program coordinator for the North Fork 16 Environmental Council . I would like to read 17 a statement into the record. 18 "The North Fork Environmental Council 19 is opposed to the granting of bulk and 20 setback variances to Village Marine. 21 The applicant has failed to show why 22 the strict application of the zoning code 23 would cause hardship necessitating 24 variances . The applicant has operated the 25 marina for a number of years . What is the t 13 iJ 2 hardship? We respectfully remind the Board 3 that the inability of a business to increase 4 profits is not grounds for claiming 5 hardship. 6 The subject property is a pre- 7 existing, nonconforming site according to 8 the M-I Zone adopted 1/10/89. The site is 9 . 55 acres. M-I requires at least 4,000 10 square feet. The granting of further bulk 11 reductions by the variance would be 12 completely contrary to the intentions of the 13 Master Plan. Granting bulk and setback 14 variances here would be making a bad 15 situation even worse. 16 We respectfully remind the Board that 17 the M-I Zone figures prominently in pending 18 litigation between NFEC and other parties 19 and the Town. NFEC has proposed revisions 20 to the M-I Zone in the course of the 21 litigation. Relevant to this appeal is 22 requirement C. (1) (f) and (g) of said 23 revisions which state: 24 (f) For each one square foot of 25 surface water occupied by the marina, there 14 2 should be 1 . 25 square feet of upland area 3 available (exclusive of area covered by 4 setbacks and required landscape area) . To 5 the extend upland area is unavailable to g maintain the 1 to 1 . 25 ratio described 7 herein, the ability to use surface waters g shall be limited specifically in this g special exception permit . 10 (g) The permitted number of boats at 11 such marina will be limited to one boat per 12 1 , 250 square feet of upland area (exclusive 13 of areas covered by buildings , required 14 front, side and rear yard setbacks, and 15 required landscape areas) . The special 16 exception permit shall state specifically 17 the approved boat capacity for the marina 18 approved. 19 NFEC is fully confident that we will 20 win the suit and that the proposed M-I Zone 21 will be adopted. In which case, if this 22 appeal is maintained, it will have to be 23 reviewed by the Board utilizing new 24 criteria, partially cited above. 25 James Creek is included in the 1 15 r i 2 Peconic Bay Critical- Environmental Area 3 designated by Suffolk County. The action 4 proposed by the applicant is therefore the 5 Type I under SEQRA with a presumption of 6 significant impact requiring an 7 environmental impact statement . A long- -. 8 form Environmental Assessment Form is g required to be filled out by the applicant 10 and the lead agency. 11 NFEC believes that a significant 12 increase in boat traffic, water pollution, 13 noise, automobile traffic and wildlife 14 habitat degradation , would occur as a result 15 of the proposed action. The Board should 16 initiate a coordinated review of this 17 appeal/application with all concerned 18 agencies . The Board should request lead 19 agency status, issue a positive declaration, 20 and require that an environmental impact 21 statement be prepared. " 22 THE CHAIRMAN: Is there anybody else 23 that would like to be heard on this 24 application? Cl 25 MS. KOOP: Gertrude Koop. I live on 1 16 . J 2 Bay Avenue, in Mattituck. 3 Mr. Cuddy, .I would like to ask you 4 -- because I know you but I don't know the 5 a name of the marina owner -- when you spoke 6 of this storage rack, you gave foot space. 7 How high is this thing going to be? Don' t 8 tell me in feet . How many layers of boat? 9 MR. CUDDY: Two, at the most . 10 MS. KOOP: There are here tonight 11 many people who are living in homes that 12 have been established for quite a few years, 13 prior to the Village Marina business . When 14 they developed their property on James 15 Creek, John Klein (phonetic) had a marina of 16 a type. At that point, it was a rowboat and 17 putt-putt motor. . Today it is high speed 18 boats that are dashing in and out and, as 19 was spoken of before, is causing pollution. 20 I do not feel that to enlarge this building, 21 to give allowances to exceed the space 22 allotments- should be done. 23 Secondly, I think rather than waiving 24 parking restrictions, I think there -should 25 be a bigger demand on parking restrictions . 1 17 2 If the bank across the street really 3 enforced their sign, which says, "For 4 bankers only. Other cars will be towed 5 away, " many of the, boaters on Saturday and 6 Sunday would have a long walk home because 7 the only place. they park their cars is in g the bank parking lot . 9 If one car is parked on Bay Avenue it 10 is almost an impossibility to get two cars , 11 one going in each direction, in and out of 12 Bay Avenue. It makes a tremendous hazard 13 and a definite difficulty. I think there 14 should be a greater demand for demanding 15 more parking on the property. As Mr. Cuddy 16 said, they intend to have more than seven, 17 but good intentions -- you know there' s an 18 old statement that says , the road to hell 19 was paved with good intentions . And I don' t 20 like to see the entrance to Bay Avenue going 21 to hell . 22 Also, we have another marina. Within 23 the powers of planning, and so on, it was 24 decided James Creek wasn' t worthy of being C11- 25 used. So they allowed a marina to develop 1 18 2 on either end. What one didn' t pollute, the 3 other one did. That too, at one time, was 4 stated it wouldn' t be more than 100 boats, 5 and I am sure the number there exceeds far 6 more than 100 boats . 7 I hate. to see the same thing -- 8 happening up there. I don' t think we should 9 have to look at the storage facility and I 10 don' t think we should have to be 11 inconvenienced by parking that 's a hazard to 12 all of us . Thank you. ILI 13 MS. MARRINER: My name is Jeanne 14 Marriner. I live off the Bay Avenue. 15 I concur with the statement of Mr. 16 Goodman and the Environmental Council . I 17 urge you to consider this very carefully. 18 There are multiple problems . It is not only 19 pollution in the creek. It is a definite 20 traffic hazard in that whole area where the 21 marina which was -- as Mrs,. Koop said -- a 22 very small little operation, a little 23 outboard repair shop and a few rowboats . It r—, 24 was never meant to be a large marina. It �•J 25 was sited inappropriately. I think the 1 19 Fri 2 lawsuit will prove this . 3 I hope that you will take all this 4 into consideration, and think of the traffic 5 hazards. There is also a potential fire 6 hazard. In fact , that Hess gas station is 7 right there. Fiberglass boats are highly 8 volatile. One fire and you could have a 9 tremendous situation in the neighborhood 10 that is so congested that people can' t get 11 out of Bay Avenue, and anything further in 12 this area would just be contributing to more 13 detriment to the people that live there. 14 The object of good zoning is to protect the 15 public's health, safety and welfare. 16 Please remember that. Thank you. 17 MS. SAWASTYNOWICZ : Nancy 18 Sawastynowicz. I would just like to have 19 the- Board become lead agency and ask for an 20 environmental impact statement to be done on 21 this project, because this time they say 22 they want to make more roads . It will be 23 more boats , more congestion, more pollution, r-� 24 all of the above that everybody else stated. �J 25 I think it is a serious problem we are 20 2 facing with our bays being polluted, by not 3 just boaters but the whole environment . 4 So let 's look at this with a lot of 5 concern. Thank you. 6 THE CHAIRMAN: Anyone else? 7 MR. CUDDY: If I may, I would like to 8 respond to some of the comments that have g been made. I am disappointed to a fair 10 degree, although not surprised, by Mr. 11 Goldman. I am disappointed because the 12 whole crux of his remarks directed not 13 towards this application, but towards some 14 preconceived agenda that some people have 15 and the North Fork Environmental Council , to 16 my knowledge, has not done very much 17 positive but they have done a lot through 18 the kind of statements made here, that negate 19 any form of change, any minimum progress . 20 I bring to the attention of the 21 people that are here and the Board, once 22 again, this application does not have to do 23 with James Creek.. We are not putting more 24 boats in the water, and we are not putting 25 anything that is going to cause additional 1 21 i� 2 pollution. . I think to talk in those terms 3 has really missed the point . 4 There is an existing building. There 5 is an existing site. We can use it exactly 6 as it is . It can stay that way. That 's 7 what you would. end up with. You would not _. 8 end up with what I think you intend to, 9 which is to deny completely. They' re asking 10 you to legislate here instead of listening 11 to an appeal . 12 I take exception to the North Fork 13 Environmental Council as a unit, standing 14 here through Mr. Goldman, without either a 15 resolution showing his authority or giving 16 us any indication of what standing they 17 have.. I want it on the record, I object to 18 their standing, at this point . I don' t 19 think they have any in connection with this 20 application. Their interest is totally 21 environmental . 22 I point out to this Board in April of 23 1989, the Town Trustees -- I am making this 24 a part of the record -- approved this 25 application as to the building. At that i 1 22 2 time, it is my understanding they did make 3 an environmental declaration. This has been 4 through that process . This is over a year 5 ago. 6 I think that I could sympathize with 7 someone like Mrs . Koop who is concerned 8 about traffic. I point out to the Board, I g think we are going to eliminate part of the 10 traffic problem. If this , again, was denied 11 there would be no improvement in the traffic 12 situation. None at all . So the very 13 concern she has , that the traffic is bad, is 14 not going to improve if this is rejected. 15 If it is accepted I think there may be a 16 material improvement because you are taking 17 boats from where they are now parked, or 18 stored, and you will be putting cars in 19 those spaces . I think the traffic situation 20 can be significantly alleviated by approving 21 the application we seek. 22 I say this is an upland application. i 23 It has nothing to do with the water. It has C124 nothing to do with increasing environmental 25 hazards in this area. The marina is there. 1 23 77 i 2 It has been legislated. Mr. Goldman read 3 from the proposed revisions that the North 4 Fork Environmental Council would like to 5 make to the Town ordinances -- not the 6 ordinances, but the proposed revisions these 7 people want to. make. I think they are g irrelevant to this proceeding. g I point out to the Board that my 10 client is here. Mr. Young is one of the 11 principals of the marina. I said, and I say 12 it on his behalf , that this is not an 13 increase as to the,- number of boats. This is 14 to try to eliminate an unfortunate 15 situation. It 's nice that it is raining 16 outside, because that is one of his 17 problems . He cannot work there in the rain. 18 He wants to put the boats inside, not , - 19 increase the number of boats either. 20 Therefore, I ask for the approval of 21 the application. I am handing up a copy of 22 the resolution from the Trustees . 23 (Mr . Cuddy handing the Board a letter 24 from the Board of Trustees, dated May 10 , 25 19 . ) 1 24 2 THE CHAIRMAN: How high is this rack 3 going to be? 4 MR. CUDDY: My understanding is that 5 the accessory limitations, the accessory 6 unit to the building or structure can' t be 7 higher than 18. or 19 feet . I don' t remember 8 which one is 'applicable. - It will not be 9 higher. We are not asking for a variance to 10 go higher. 11 I agree there is an aesthetic 12 question involved. We think we are trying 13 to clean up the area. It would certainly 14 not be more than two, maybe end up with 15 being one, but we can' t go higher than the 16 law allows at this point . For an accessory. 17 structure, we can' t go higher than 18 or 19 18 feet . 19 THE CHAIRMAN: In relation to the 20 shape of the parcel , I had a question as to 21 whether or not the land that is to the rear 22 of the boat rack is the front yard or not , 23 in that it is on the right-of-way. Cl24 MR. CUDDY: I don' t believe the 25 definition of street or right-of-way makes 1 25 ij 2 that the front yard. I would point out to 3 the Board that , first of all , our access to 4 that is zero because there is a five-foot 5 chain link fence. But my understanding that 6 the definitions in the zoning ordinance do 7 not make that a front yard simply because it 8 is a right-of-way there. 9 THE CHAIRMAN: I am sure you are 10 going to have a lift of some sort, to lift 11 the boats out of the water. 12 MR. CUDDY: , They use a ramp, and Mr . 13 Young can tell you. if they are going to use 14 a particular lift . 15 MR. DAVID YOUNG: We use it for 16 storage of new boats only. New boats , boats 17 that are being serviced. The boats that are 18 cluttering . The boats there are plenty. We 19 are not using it in a high and dry marina . 20 The dry rack will never be used for a 21 dry land marina situation. They will only, 22 be used in order to store new stock boats 23 and boats that are being worked on in the r..-, 24 facility. It is financially inconceivable 25 for me to use it as a marina-type situation, 1 26 2 where we are launching and retreating 3 customer' s boats . 4 THE CHAIRMAN: So it is for storage 5 of new boats? 6 MR. YOUNG: Inventoried boats, stock 7 boats we have inventoried that are for sale _. 8 and customer boats that are being worked on. g In other words , if it is a two rack set up 10 we' ll keep the stock inventoried boats on 11, the second set of racks, up high, which 12 reduces theft and give us a place to keep 13 the boats out of the way and the customer 14 service boats will be kept under them in 15 that rack -- in that rack place. 16 THE CHAIRMAN: On the ground level? 17 MR. YOUNG: On the ground level , yes . 18 THE CHAIRMAN: It is just really the 19 ground level and one rack above that , and 20 nothing above that? 21 MR. YOUNG: No. You can' t do it . It 22 requires about eight foot above. 23 THE CHAIRMAN: Is there a launching 24 ramp? 25 MR. YOUNG: Yes, there is a launching � 1 27 1C 2 ramp. It has been there since we owned the 3 property, and I assume it has been there 4 since 'Mr. Klein owned the property. We use 5 it for our own use only. 6 THE CHAIRMAN: You do haul boats out 7 now to work on? 8 MR. YOUNG: Yes . 9 THE CHAIRMAN: What do you use, a 10 forklift? 11 MR. YOUNG: A trailer. We have a 12 forklift on the premises that we use 'to move 13 boats, remove motors from boats , remove 14 boats from the trailer to work on the bottom 15 of the boat , or whatever. 16 THE CHAIRMAN: My concern was how are 17 you going to get those boats onto that top 18 rack? 19 MR. YOUNG: We have a forklift that 20 we own. 21 THE CHAIRMAN: So it is capable of 22 lifting the boat up seven or eight feet and 23 pulling it onto the rack? �'-�''� 24 MR YOUNG: Yes . 25 THE CHAIRMAN: What will you be doing 1 28 , J 2 with the boats tied up at the dock for the 3 winter? 4 MR. YOUNG: We store all of the 5 storage boats . ' We lease a piece of ,property g in Aquebogue, where we store all of our 7 winter storage. boats . When we initially 8 bought the property two years ago, we saw 9 Marquettes (phonetic) had a very congested 10 situation in the winter. There was no room 11 to park. Customers had no access to the 12 place. We made a decision to utilize a 13 piece of property in Aquebogue. Every boat 14 we store, except for the boats that are 15 being worked on and the boats that are being 16 sold by us , either by brokerage or the boats 17 that we own, we keep that all -- we keep on 18 that property in Mattituck. We lease a 19 piece in Aquebogue in order to store all the 20 boats -- the customers that are in the water 21 or that come in that we service, we take 22 everything to Aquebogue. 23 THE CHAIRMAN: I think that is all I Cl24 have. 25 MR. YOUNG:, Thank you. 29 i � 2 MR. GOLDMAN: I am a little surprised 3 Mr. Cuddy would take such exception to the 4 North Fork Environmental Council 's comments 5 on this application. , Mr. Cuddy well knows 6 we comment on applications in both Riverhead 7 and Southold. ..Just for the record, so it is 8 clear, I do represent the North Fork 9 Environmental Council . I am duly authorized 10 to do so, and the Board may inquire of that 11 with our Board of Trustees . I am authorized 12 to speak in behalf of NFEC. 13 I think the point we want to make 14 more clearly- to the Board is that this 15 application has to be considered a Type I 16 application under SEQRA. It is a critical 17 environmental area, so designated by Suffolk 18 County, 500 feet from the mean high water 19 mark of the Peconic Bay and its tributaries 20 of which James Creek is a tributary. There 21 is a presumption of significance to this 22 action and that would indicate the need for 23 an Environmental Impact Statement . That is 24 the important point that we want to bring f 25 out to the Board. 1 30 I , 2 The rest of my statement was a 3 presentation to the Board of what we believe 4 to be the case and our opinion. We also, . 5 again, re-emphasize we are pointing out to 6 the Board it has an application under the 7 SEQRA to assume lead agency status and we 8 are requesting that you do so. Apparently 9 when this application was made to the 10 Trustees , they did assume lead agency status 11 and requested a short Environmental 12 Assessment Form and that is contrary to 13 SEQRA. They should have requested a long 14 form. 15 . The ball is now in your court . You 16 have the responsibility and the opportunity 17 to become lead agency here and we would urge 18 you do to so. 19 THE CHAIRMAN: Thank you. 20 MS. EVETTE MELLENDER: What I want to 21 ask -- is there a procedure in the Town if 22 someone asks for a variance that the 23 neighbors are to be notified within a 24 certain area? Because we were never 25 notified of this , except for the North Fork 1 31 i 2 Environmental Council . 3 I remember many years ago they wanted 4 to build a pathway through that was going to 5 come by our house off of the Main Road and 6 we were notified. They said that' s when you 7 are "X" amount- of feet from a home that is 8 asking for a variance or a business that is 9 asking for a variance. What I am asking is 10 should the people on Bay Avenue that are a 11 certain amount of feet from this have been 12 notified? 13 THE CHAIRMAN: It is adjoining 14 property owners, ma' am, and we have a list 15 of them. 16 MS . MELLENDER: It is only adjoining 17 properties? 18 THE CHAIRMAN: Yes . I have the 19 addresses here. 20 MS. MELLENDER: Could you clarify 21 that for us , at any future point? 22 THE CHAIRMAN: We have a list of 23 adjacent property owners, and then receipts 24 of certified mail for eight neighbors . If Cl 25 you would like, I could name them. 1 32 2 MS. MELLENDER: It is only property 3 that touches on that property? 4 THE CHAIRMAN: Yes . 5 MS. MELLENDER: They were sent a 6 certified letter on this? 7 THE CHAIRMAN: Yes , and I probably 8 should -have stated it at the beginning of g this hearing. There were legal notices 10 placed in the papers . 11 Is there anything else? If someone 12 would like to make comments , step up to the 13 mike and we can get your name. 14 MR. RICHARD LUHRS: I had sent Mr. 15 Goehringer a letter, and I hope that you 16 received it . I wanted to know that you have 17 it on file, about my concern and many of my 18 concerns are the same as the North Fork 19 Environmental Council . But going back to 20 this point about not notifying different 21 neighbors , when was that notification sent? 22 Very recently? 23 MR. CUDDY: When the application was 24 made. 25 THE CHAIRMAN: May 4th. t 33 2 MS. KOWALSKI : It's required to be 3 sent a week before it is filed. 4 MR. LUHRS: It doesn' t include, other 5 than the neighbors who are adjacent to the 6 property line. 7 MS. KOWALSKI : It is not required to. 8 MR. LUHRS: That's fine. Thank you. 9 THE CHAIRMAN: Are any of those 10 people here? 11 MS. PATROWSKI (Phonetic) : I did 12 receive a letter. 13 THE CHAIRMAN: Anybody else that 14 would like to speak? 15 MR. EDWARD BURKE: I live on Bay 16 Avenue, and the rear of my property is on 17 James Creek. I am just wondering why they 18 are ,going through all this if they don' t 19 want to expand the marina. 20 I can remember back about 14 years 21 ago, when Dave Strong was standing here and 22 he wanted to expand his marina. The people 23 here --were against it . He said that he had a 24 mini-marina. What that meant no one seemed Cl 25 to know, but the people up where you are 1 34 2 sitting said it means, 100 boats maximum in 3 the water, on the ,land stored, and that is 4 the way it was left. They gave him an. okay. 5 No new buildings . 6 Go down- and look at Dave Strong's 7 now. Maybe 400 boats. The rack that was 8 only going to be this high (indicating) , now 9 is about five stories . Now I have to look 10 at it . I don' t know what they are going to 11 do, but I can tell you what happened before. 12 It certainly wasn' t nice. If they do that 13 down the end, of course it 's all money. 14 Everything is money. 15 You people up there are to protect 16 us , not them. And if we have rules and you 17 people make variances for everything I don' t 18 think it is fair to the taxpayers and the 19 people that live a.long the creek. 20 THE CHAIRMAN: Thank you. Anybody 21 else? 22 Hearing nothing further, I make a 23 motion. to recess the hearing. 24 MR. DOYEN: Second. 25 THE CHAIRMAN: Until the next 1 35 f .J 2 regularly scheduled meeting. We are going 3 to recess this hearing until our next 4 scheduled hearing, which is probably going 5 to be the end of October. 6 MR. CUDDY: Can I ask the purpose of 7 the recess? 8 THE CHAIRMAN: Well , I would like to g investigate the North Fork Environmental 10 Council ' s letter a little further. I would 11 like to sit down and read that letter. 12 MR. CUDDY: Does the North Fork F 13 Environmental Council have a copy to supply j� 14 the applicant with? 15 THE CHAIRMAN: Yes . We have this . 16 Also, your comments about standing 17 has , in my mind, particular meaning. I 18 would like to investigate that a little 19 further with the Town Attorney. I would 20 like to give you an opportunity next time to 21 further bolster your case. 22 (Court Reporter requested Mr. Cuddy 23 repeat a portion of the testimony. ) 24 MR. CUDDY: My objection to the North 25 Fork Environmental Council was : 1 36 2 a) although he recites this, I have 3 never seen a resolution. I have never seen 4 anything from the Council itself that 5 indicated that the Council had determined 6 they were taking a stand. I don' t know 7 where Mr. Goldman gets his information from, 8 but he apparently hands in writings and 9 makes comments on behalf of them. 10 My first objection was that I don' t 11 believe that it is sufficient for him simply 12 to stand and announce that an organization 13 is something that he is representing at this 14 point . I would like a letter -- more than 15 that . 16 Secondly -- (interruption) 17 MEMBER OF THE AUDIENCE: I am a 18 director, and I can tell you he's honest . 19 MR. CUDDY: You weren' t asked that , 20 number one. Number two, I am asking for 21 more than a director to sit here. I am 22 saying I would like to see something in 23 writing saying that he has done this . You 24 can bring all of the Board of Directors down 25 here the next time. I guess that will prove 1 37 2 it . If they have it in writing I would like 3 to see it . I think this applicant has the 4 right to ask that question. I think the 5 Board has a right to ask that question. 6 They oppose unanimously every 7 application that I have ever made in this _. 8 Town. They are there. They oppose it . 9 The other thing I am saying is I 10 don' t think that they have standing to 11 oppose an area variance. That 's very 12 different than coming in and saying, "We 13 want you to .do something, " in front of the 14 Town Board, legislatively. It is very 15 different than coming before the Planning 16 Board. They' re saying that here they, have 17 some reason to take issue. 18 Some of the neighbors , I understand 19 their standing. I don' t object to that at 20 all . The North Fork Environmental Council , 21 I take serious issue with standings they 22 have to object to the area variance. 23 THE CHAIRMAN: Thank you. cl24 MR. GOODMAN: If Mr. Cuddy is going 25 to make a request to the Board to 1 38 2 investigate the standing of the North Fork 3 . Environmental Council to appear at public 4 hearings , I think it might be incumbent upon 5 him to at least cite to the Board initially 6 some law or some facts in law, some 7 precedent in law, where an organization 8 can't come through its representative and 9 speak at a public hearing. This is 10 something absolutely new to me. I have 11 never heard of anything like this in my five 12 years in doing this , between the Riverhead 13 Board, the Southold Board, the Suffolk 14 County Legislature where an organization was 15 challenged as to whether they could come 16 before a public body or a public hearing. I 17 think Mr. Cuddy will have to submit 18 something. 19 I would request that if the Board is 20 going to follow through on Mr. Cuddy' s 21 request, they request Mr. Cuddy to produce 22 something that says we can' t . This is new 23 to me. 24 MR. CUDDY: I don' t challenge Mr. 25 Goodman's right to freedom of speech. 1 39 2 MS. JEANNE MARRINER: I am also a 3 member of the North Fork Environmental 4 Council , and when I am not able to attend 5 meetings I am very pleased to have Mr. 6 Goodman or. another NFEC representative 7 representing my views . We enjoy NFEC f, 8 because we all have similar views and I 9 think that certainly gives them standing. 10 He is representing one thousand plus 11 members . 12 THE CHAIRMAN: When the question of 13 standing comes up; I don' t question your 14 standing. But I would like to, at least , if 15 someone raises the question about that, I - 16 would like for that particular thing to be 17 cleared up before I close the hearing. I 18 would not like to have something that could 19 not be commented on. I would not want to 20 have my thoughts not be commented on. 21 So I would like to read the letter 22 over, and I would like to investigate with 23 the Town Attorney the standing of the 24 organization. It has been raised before, in 25 other applications before us . 1 40 r1i 2 MR. YOUNG: If there is anybody with 3 any kind of environmental concern it would 4 be myself as a marina owner. Without an 5 environment we wouldn' t have a business . 6 Without boating, without fishing, we'd have 7 nothing. I am.- very environmentally 8 concerned. The last thing I want to do is 9 create havoc on the environment . It is my 10 livelihood. So if there is any 11 environmental question or if there is any 12 problem with any environmental impact in 13 this project we are trying to do, please let 14 me know so that I can correct it. 15 The only thing we really want is to 16 be able to work indoors in February and stay 17 warm. We have absolutely nothing other than 18 that, but to work in a .tin ramshackle 19 building that is big enough to get half a 20 boat in. In order to make our- mortgage 21 payments we have to have a shop we can 22 produce work out of so that we can pay 23 utility bills , hire our help, and have a 24 viable business in the Town of Southold. 25 That ' s it . 1 41 ICJ 2 THE CHAIRMAN: At the risk of going 3 any further, I understand the reason for the 4 building. The rack I have a lot of 5 questions about . Do you have parking spaces 6 there now? 7 MR. YOUNG: It varies from time to 8 time. What happens is Monday there is a 9 flow of boats into the place that are broken 10 down and they need repair. By Friday and 11 Saturday, it 's out . We have an agreement 12 with the bank, where we can park customer 13 vehicles in the bank. The customers are 14 marina customers . They know about it . 15 That ' s why there are cars parked in the bank 16 parking lot on the weekends . The bank 17 agrees with us on that . They know about it . 18 It is fine. 19 Right now what we would like to do is 20 make it so that we can park our cars, our 21 customer cars next to their boat slips . We 22 are trying to clear that bulkheaded area. 23 We want to landscape it, plant flowers and 24 have parking for our customers . There are 25 only 25 slippings there. 1 42 2 THE CHAIRMAN: I understand. You are 3 not increasing that . 4 MR. YOUNG: All we want is a workable 5 building, where we can go inside in the g winter and a little bit more room in the 7 yard so we can maneuver what we are doing -. 8 there. We've - got a good lot situation on a 9 Monday morning from the broken-down boats . 10 They flood the yard and we need a place to 11 put them. This rack system will clear more 12 room so that we can put the boats on the 13 back line of the property, and leave that 14 bulkheaded area along the water clear so 15 that the customers can park their cars in 16 there; pull in the driveway, turn around. 17 Right now, the only access is you 18 have to back in with the boats and trailer 19 and it makes it very difficult . A customer 20 will pull in there to have his boat worked 21 on, and he will block Bay Avenue because he =' 22 has to back it in. Not a lot of customers 23 know that . They pull it straight and they 24 have to back out in the road. C- 1 25 THE CHAIRMAN: How many boats do you 1 43 2 suppose this rack will hold? 3 MR. YOUNG: Twenty boats . 4 THE CHAIRMAN: Twenty boats; 10 on 5 top, 10 on bottom? 6 MR. YOUNG: Right . It will clear 7 room for 10 more. 8 THE CHAIRMAN: Ten additional? 9 MR. YOUNG: Ten additional boats . 10. You will have room. There is only about 20 11 boats in the yard now. It .ys a gridlock 12 situation. If you have 10 on the top rack, 13 you' ll have the other 10 against the fence. 14 You can maneuver. You have room. 15 THE CHAIRMAN: Thank you very much. 16 Is there anybody else? 17 MS. KOOP: I may seem very stupid on 18 this . I thought the question was : How many 19 spaces do you have for parking now? I don' t 20 think you just answered that . You said that 21 there was an agreement with the bank, which 22 I am sure there was . Do you have parking 23 spaces back there now? 24 MR. YOUNG: Not really, no. 25 MS. KOOP: If you have spaces for 25 r 1 44 2 boats and you are only accomplishing 10 3 boats on top, which makes it a saving of 10 4 boat spaces in the yard, right? 5 MR. YOUNG: Right. 6 MS. KOOP: -- ,on the ground. In my 7 mind it "would. seem you only have room for 10 F. 8 cars . 9 MR. YOUNG: It ' s the configuration of 10 the boats and trailers . It is much longer -11 than a car. 12 MS. KOOP : Thank you. 13 THE CHAIRMAN: We are going to recess 14 this hearing until the next regularly 15 scheduled meeting, which will be some time 16 at the end of October. 17 _ Do I have a motion? 18 MR. DOYEN: Second. 19 THE CHAIRMAN: Okay. All in favor? 20 MR. DOYEN: Aye. 21 MR. GRIGONIS: Aye. 22 (Time noted: 10 : 30 p.m, ) 23 24 25 1 44A 2 3 4 C E R T I F I C A T I O N 5 6 7 I , GAIL ROSCHEN, do hereby certify that I 8 am an Official Court Reporter and that the foregoing 9 constitutes a true and correct excerpt from the Southold 10 Town Zoning Board of Appeals hearing of September 26, 11 1990 , according to my stenographic notes . 12 13 GAIL ROSCHEN Official Court Reporter 14 15 16 17 18 19 20 21 22 23 24 25 64 WORTH FORK ENVIRONMENTAL COU14CIL Route 25 at Love Lane, PO Box 799, Mattituck, NY 11952 516-298-8880 COMMENTS TO THE SOUTHOLD BOARD OF APPEALS CONCERNING APPEAL # 3933 OF VILLAGE MARINE SUBMITTED BY THE NORTH FORK ENVIRONMENTAL COUNCIL, INC. SEPTEMBER 26, 1990 The North Fork Environmental Council is opposed to the granting of bulk and setback variances to Village Marine. The applicant has failed to show why the strict application of the zoning code would cause hardship necessitating variances. The applicant has operated the marina for a number of years. What is the hardship? We respectfully remind the board that the inability of a business to increase profits is not grounds for claiming hardship. The subject property is a pre-existing, non-conforming site according to the M-I zone adopted 1-10-89. The site is . 55 acres. M-I requires at least 40 ,000 square feet. The granting of further bulk reductions by the variance would be completely contrary to the intentions of the Master Plan. Granting bulk and set-back variances here would be making a bad situation even worse. We respectfully remind the Board that, the M-I zone figures prominently in pending litigation between NFEC and other parties and the Town. NFEC has proposed revisions to the M-I zone in the course of the litigation. Relevant to this appeal is requirement C. (1) (f) and (g) of .said revisions .which state: (f) For each one square foot of surface water occupied by the marina there shall be 1 . 25 square feet of upland area . available (exclusive of area . covered by setbacks and required landscape areas) . To the extent upland area is unavailable to maintain the 1 to 1. 25 ratio described herein, the ability to use surface waters shall be limited specifically in the special exception permit. _ (g) The permitted number of boats a,t such marina will be limited to one boat per 1250 square feet of upland area (exclusive of areas covered by buildings , required front, side and rear yard setbacks, and required landscape areas) . The special exception permit shall state specifically the approved boat capacity for the marina approved. a non-profit organization for the preservation of land, sea, air and quality of life printed on 100% recycled paper r' r }F NFEC is fully confident that we will win the suit and that the proposed M-I zone will be adopted. In which case, if this appeal is maintained, it will have to be reviewed by the Board utilizing new criteria, partially cited above. James Creek is included in the Peconic Bay Critical Environmental Area designated by Suffolk .County. The action proposed by the applicant is therefore a Type I under SEQRA with a presumption of significant impact requiring an environmental impact statement. A long-form Environmental Assesment Form is required to be filled out by the applicant and the lead agency. NFEC believes that a significant increase in boat traffic, water pollution, noise, automobile traffic, and wild-life habitiat degradation would occur as a result of the proposed action. The Board should initiate a coordinated review of this appeal/application with all concerned agencies. The Board should request lead-agency status, issue a positive declaration, and require that an environmental impact statement be prepared. 1 GU. RtHs R. GvDnT ATTO NRY AT Lnw MAY I - 19M 1430 OLD COUNTRY ROAD(RTZ, ea) P. o, nox 134? , JRX VaMnjKZA D,NY 11901 ArNIA0PNT TO - +• 'Y UIPI,rlIONP_ndo'412,00 MOT011 VPITI P i7IBPAS TMLNT d f ATil.A 00tf1!f116 r 1f TELECOPIER COVEN SHEET Total, number of pages include. cover sheet, If transmission is faulty or incomplete , please info soon as possible Pho-ne - 516 - ,369-8200 ' Fax 616 369-9080 t Operator: Comments : a i , 9 � 1 I �/yy�..I•yyATTonNEx AT/�,LAWy�.�f�p S 180 0TUD YV V NTR BONA/ (RTE. 66) P. p .. ?Cte m54::.... M VHnNZAD,Nl'' 1i901 _ AWA07_vT TO TIMErZIONR OCAD-0200 May 3 , 1990 Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Variance Application for Village Marine CTM41000-123-3-15. 1 Dear ,Sir or Madams We have been in contact with the firm completing the Site Plan for Village Marine. It is our understanding that based on the area constraints of the subject parcel , that the parking area will not be in accordance with the Tows, Code. Wet therefore, request that the application of Village Marine for area variances , submitted to you on March 22, 1990, be amended to include a variance for parking (and/or landscaping for parking areas ) under the present coda regulations, Article XIX. The site plan maps a.s recently amended and prepared by Gluecker.t and Wieber Aachiteots (pursuant to the Planning Board Chairman's Letter dated November 1.4t 1989 ) will be submitted under separate cover shortly. Thank you. very truly yours, Charles R. Cuddy lk - Fax nail �- r-ri ® old Town Board of Appeals S O UTH O LD, L. I., N. Y. 119?1 = Telephone 765-26,6Q APPEAL BOARD MEMBER Robert W. Giliispie,Jr., Chairman Robert Bergen Charles Grigonis,Jr. Serge Doyen, Jr. Fred Hulse, Jr. M INUTES- SOUTHOLD TOWN BOARD OF APPEALS February 15, 1973 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. , Thursday, February 15, 1973, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Chairman; Robert Bergen; Charles Grigonis, Jr. ; Fred Hulse, Jr. Also present: Mr. Howard Terry, Building Inspector. Absents Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 1714 - 7:�-O P.M. (E.D. S.T. ) , upon application of Village Marine of Mattituck, Inc. , Fay Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance Article VI, Section 600 0-3 (c ) and Article XI, Section 1100 for permission .;to erect an additional sign (third sign) . Location of property: east side Bay Avenue, Mattituck, bounded north by L. Hoder et al; east by Private Road; south by James Creek; west .by Bay Avenue. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. -� THE CHAIRMAN: Is there anyone y pre sent. who wishes to speak r- for this application? i Southold Town Board of Appeals - 2 - February 15, 1973 s GARY F. OLSEN, ESQ. : I am here as Counsel. for William J. Clark who is the attorney for Village Marine of Mattituck, Inc ., as he can not be here tonight. Mr. Richard J. Scotti is present. There is an existing wooden sign, 16 feet wide by 4 feet high, on the west side. Mr. Scotti plans to put on the front of his building lettering saying "Village Marine", and he is going to be an outboard and boat dealer in this area. Essentially, he would advertise to the public that he is authorized to act as a Chrysler dealer. A parently Chrysler provides signs for dealers in only one size,_ 5 feet by 6 feet . I.t is an illuminated sign. It was Mr. Scotti' s intention to mount the sign on the roof, the north side of the- roof. Directly to . the north is a Crown Gas Station. In discussing this with Mr. Scotti, he said he did not want to put an illuminated sign on Bay Avenue . He thought the neighbors might not like it there and that 's the reason he felt that for the development of the property and taking into considera- tion the feelings of the neighbors it would be better to mount it on the roof and face out to Main Road where it would. not bother anybody. I would like to urge the Board 's consideration as it is necessary for the development of his business. , THE CHAIRMAN: The name of the owner is given as Collum Signs, Inc. MR. RICHARD J. SCOTTI: They are the people who will put up the sign for me. THE CHAIRMAN: Is the name of the owner Stanley and Helen Staron? MR. OLSEN: Yes. Mr. Scotti is a tenant of the premises. MR. ROBERT BERGEN: Is this illuminated sign double-faced? MR. SCOTTI: Yes. I have a picture of it here . MR. BERGEN: Would it not be better to put, it on a pole on the roof? MR. SCOTTI: I have a 3 foot space on the side of the building and I think the eave comes over. I think this works out better. MR. OLSEN: He has on the north side only a 3 foot strip. MR. SCOTTI: The fence would block the sign. MR. OLSEN: Mr. Scotti has suggested the possibility of eliminating the wooden sign on Bay Avenue. Jr y- � Southold Town Board of Appeals - 3 - February 15, 1973 THE CHAIRMAN: You are permitted a wall sign and a standing sign. MR. OLSEN: Mr. Scotti felt that he is on friendly terms with the neighbors and wants to stay that way, and he felt it would be less objectionable to put it on the north side of the roof rather than on the Bay Avenue side. MR. SCOTTI: The total length of the building is 66.4 feet. MR. OLSEN: This sign would extend approximately 11 feet above the west building, the largest building. There is also a metal building that has a higher roof line. They look as though they are attached in one building. Since this is the only sign . that Chrysler provides Mr. Scotti has- to work with that. The Chairman read from the Ordinance concerning signs in B-1 zone. THE CHAIRMAN: Theoretically, this should not exceed the ridge line. MR. OLSEN: It would exceed about 12 feet on the west building but there is another building and it looks like they are attached so it would not exceed the roof line of the east line of the building. THE CHAIRMAN: Is there anyone present who wishes to speak against this . application? (Mr. Pete Warren asked to see the drawing. ) MR. OLSEN: We would not exceed the requirements. It would be less than has been there over the years. THE CHAIRMAN: What has your conversation been with your neighbors? MR. SCOTTI: I have not spoken to them about this but I am on friendly terms with. those in the area. THE CHAIRMAN: We have had a lot of support from the community on what we have done with signs. In return for placing this on the roof you would be giving up a sign in the front of your building which„itseems to me, would be better for you. MR. SCOTTI: I would not want to bother the fellow right across the way. , It would hit him directly. I think it would bother him. 02 Southold Town Board of Appeals February 15, 1973 THE CHAIRMAN?: You would have this perpendicular to the road? MR. SCOTTI: It would face the Main Road. THE CHAIRMAN: If it were in place of where the other. stand-up sign is, would it bother him? MR. SCOTTI: There is a ramp driveway and a driveway into the' back.. This would be a problem there . I won't leave it on all night, it will be turned off one way or another. MR. PETE WARREN: How high is it off the ground? MR. SCOTTI: I would say it 's 16 or 17 feet off the ground. MR. OLSEN: . The size of the sign is 8 feet high by 6 feet ' wide. . THE. CHAIRMAN: Will this pole go through the roof? MR. SCOTTI: They say it can be mounted on the roof. THE CHAIRMAN: I still say you would be better off having it on the ground. There is nothing that says you have to put it out on the road. It could be put near the corner of the building. MR. OLSEN: Mr. Scotti knows that he is entitled to have one ground sign and one on the building but he wanted to mount this sign on the building in order to shield it from the neighborhood. That 's the sole reason, not that he thinks the advertising will be any better on the roof. On Bay Avenue he might get better visibility. MR. SCOTTI: I did not know that it would go over the roof. THE CHAIRMAN: It looks as if it would go 3 feet over the roof. 1. MR. PETE WARREN: I feel it should be on the ground. With the wind in that area it can be dangerous to have it on the top of the building. MR. SCOTTI: When the lights are on it definitely would bother at least one neighbor, he has a ranch house. MR. BERGEN: If you had it at the same angle that the sign is. now that would not reflect across the street . It won't throw light out that much. r Southold Town Board of Appeals - 5 - February 15, 1973 THE CHAIRMAN: I don't believe it would disturb any neighbor. In any case you have to use business property for business use and in this case you would. not be doing anything illegal. A ground sign would make for easier maintenance . MR. SCOTTI: If I put it in the ground could I use the north side? MR. OLSEN: He is talking about a pole on the north side of the building. THE CHAIRMAN: It should be 5 feet from the line. MR. SCOTTI: It would not overhang. MR. OLSEN: The entire sign would be on his property and would face parallel to the building line. I think it might be better than putting it on the roof. THE CH.AIMMIAN: If he decided he wanted to put it on the Bay Avenue side he would not need a special exception. MR. OLSEN: If he decided he wanted to put it on the north side of the building mounted on a pole so that one side would face the roof, and he would lose one advertising sign, and the other side would face Main Road, would you grant a variance for less than 5 feet provided it hangs over his own property? THE CHAIRMAN: Yes. After inveStigation and inspection the Board finds that . applicant requests permission to erect an additional sign on property located on the east side of Bay. Avenue, Mattituck, New York. The Board finds that applicant 's reasoning for not wanting to put an illuminated Chrysler sign on the Bay Avenue side of the property is that it might be a disturbance to neighbors and he, therefore requested that he mount the sign. on the roof facing out to Main Road. Applicant is aware that he is allowed one ground sign and one on the building. The findings of the Board are that if applicant wanted to locate,-this sign on the Bay Avenue side he would not need a special exception; that the sign, if , mounted on the roof, would exceed the ridge line; and recommended that applicant locate the sign on a pole in the ground provided it hangs over his own property. The Board finds that the public convenience and welfare and justice will be served. and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the 4 - Ordinance will be observed. Southold Town Board of Appeals - 6 - February 15, 1973 On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED Village Marine of Mattituck, Inc . , Bay Avenue, Mattituck, New York, be GRANTED permission to erect an 81 x 61 Illuminated ground sign on the north side of applicantfs building, subject to the following conditions: ' That there shall be at least a four (4) foot clearance and that the sign shall be sixteen (16) feet in height above the ground. That no portion of the sign shall overhang neighbor's line. That the post shall be at least two (2), feet from the property line. Vote of the Board: Ayes,:- Messrs: Gillispie, Bergen, Grigonis, Hulse. $e :: is PUBLIC HEARING: Appeal No. 17�5 7' 5 P.M. (E.S.T. ) , . � upon application of The Great Atlantic & acific Tea .Co. , 650 wart Avenue, Garden City,. New York, or a special exception in a ordance with the Zoning Ordinan , Article VI, Section 600 C- (a) for permission to erect ersize ground sign. Location property: north side of ain Road, riattituck,. bounded north by Bet ny Cemetery; east by ethany Cemetery; south by Main Road; we s by Ardprop, Inc. nd Factory Avenue . Fee paid $15.00. The Chairman ope d the Baring by reading the application for a special exception, eg 1 notice of hearing, affidavit attesting to its publ!eatio in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is t ere anyon resent who wishes to speak for this application? Imo?. SALVATORE RO NO: I am the agent or County Neon Sign Co. MR. JOHN J. LE GIO: I am the agent for A& 650 Stewart 'Ave . We request permiss on to erect a sign as per plan. THE CHAIR14A What is- your reasoning for a reques , for an oversize sign? MR. LEGG 0: They have been putting large signs up throughout the country. However, when we are not permitted we usually come down to a smaller size . Southold "Mo Bmrd of Appeals May 2 , 1960 An accordance with, the ftning Ordin ace, .Artic .e Ili, section . 300, Subsection 11, for permission to replace an existing directional sign with a two-panel directional sign. Location og propertyz sourthvmsst corner cif intersection o$: Wa rth Road and Albertson Lane, Oreexu rt, kfaw York. Pee paid $15.00. The Chairman opened .the hearing by reading g application for a special al exception, legal..notice. of herring end affidiavit attesting to Its publication in the official newspapar, The letter of permission 'from the propesty caner was also reed. THE CHAIRNMv le there anyone preset wbo wishes to spea% for this application? (There was no response. Tlia CHAnMNt Is there anyone present +erica wishes to speak against this application? (There was no resixmse., ) TIM Ct3URM s tie will also recess this hearing for one-half hour. ,Messrs. John Mein and achn X.l.ein pJr. appeared before the Dowd of Appeals an Informal diacussion relative to an appli- Cattion Xr. � .loin intended to present to the Board of Appeals for pers Sion to erect an advertleing sign advertising 411Qin'ss Outboard Shop can the property of John hi. hluss nge Hattltuck# Vew York. ft. Klein could not understand why to was denied pe=lsalon to have an aftertlaing sign When motels and restaurants were ge=ltted signs. The Chai=an explained the Soard#s golicy with reference to signs► of t1at type, stating that signs- considered 3m the public interest ---- such as food and shelter for the traveling pudic were generally aPprwed. Other advertising signs were not approved. After considerable discussion mrr. Klie n seemd t0 be satisfied With the Soard's am,lanation and stated he would not present his Application but tray apply for permission to put, a sign on the said of the building after it is constructed. of Property.South Side of Park y(frontage)of less than the required \ Avenue,Mauituck,NY;County Tax z ' 150 feet in this R40 Zone District. 1 Map Parcel No.1000-123-8-8. ' Location of Property: Lake View 7:50 p.m. Appl.No.3971 , ;''-Avenue(127t feet southwest of STATE OF NEW PORK) VALERM M KRAM1M Variance ':;Huntington Boulevard,a private to the Zoning Ordinance,Article "`:;...,-.road),Southold,NY County Tax )SS: XXIII,Section 239AB and'Ardcle ` MapPatcdNo.1000-6&3-10. COUNTY OF SUFFOLK) XXVIII,Section 281,for permit- 8:35 p.m. App�o 3975 Sion to construct new dwelling ' iARTHUR G. 'CARLSON. structure with an i+Aaut€ieierif set-'. ;_q:=Interpretauan'and Variance to the. . Christina V O 11 ri S k 1 back from existing bulkhead and Zoning Ordinance,Article III,Sec from the-easterly(front)property. . :-`tip 100-30(ace disapproved by the , - said County,being duly sworn,say: line along Manhanset Avenue.Late' `�."?-Building Inspector)for approval of Clerk of THE SUFFOLK TIMES, area of parcel is nonconforming in,-, e' :mariarhtre uses to include delivery this R40 Zone District Location of --and storing of seafood,packaging. '. published at Mattituck, in the Towi Property:730 Robinson.Road and freezing and/or preparation of raw Suffolk and State of New York,and 980 Manbanset Avenue,Greenport. r or cooked seafood(processing)for NOTICE OFHEARINGS NY County Tax Map Parcel No shipping and/or sales for off- the annexed is a printed copy,has b( 'NOTICB IS HEREBY GIVEN, 1000-34-5-20... r�� premises consumption.Zone Dis- said Newspaper OIIC@ each We pursuant to section 267.of the Town 7:55 p.m. Appl.No. 3976= H trict: Agricultural-Conservation._ Law and the Code of the Town of THOMAS AND MARIAN SAX- (AC):Location of Property 1575 successively, commencing on tl Southold,the following hearings TACROCE,Special Exception to Lower Rond,Swthold;NY;.Comity_--.,_. October 19 90 will be held by the SOUTHOLD the Zoning Ordinance,Article III, Tax Map Parcel No 1000 69 5 TOWN BOARD OF APPEALS at a Section 100-31(9)(E)for permission 131 Regular Meeting,at the Southold to construct off-premises ground 8.45 p m Appl.No 3788 Town Hall,Main Road,Southold sign to advertise for business pus SUN REFINING tit MARKETING. :NY 11971, on. THURSDAY a poses. Location of Property for Variances to the Zoning Ordinance, -NOVEMBER 1. 1990, at the I :Sign:Southeast comer of Shipyard Article X,Sections 100-102:(1)for following tea: r Lane and the Main Read,East Mali permission to establish convenience 0 . 7:30 p.m. Appl.No.3969 >:on,NY;County Tax Map Parcel No store use in conjunction with and :.ANDREW BURKHARD..Variance ..'1000 38-1-12 accessory to the existing gasoline to the Zoning Ordinance.Article II1. B:OO p.m. Appl.No. 3972=' = station use or this substandard par '.Section 100-32 for permission to PETROL STATION LTD.Variance cel which contains less than 30.000 • . construct two-foot extension of to the Zoning Ordinance,Article .sq-ft.in lot area for each use.and garage attached to dwelling with an VII,Section 100-72 for approval of (2)for interpretation as to her t Sworn t0 before me this insufficient from yard setback.Zone proposed Lot#4 which will have :limitation of accessory(can y).. ��Q District:R-40.Location of Property insufficient area in this Residential .-stracture. Location of Pro erty: : day oKf��f2(!.,�,c l 19���A 370 Uhl Lane,Orient,NY;Orient Office(RO)Zone District Location�J) :Corner of the.Easterly Side Face.. Notary F By-The-Sea Subdivision Lot No of property:North Side of the Main tory Avenue and Northerly Side of 167,Section Three i Map 61601 Road(265t feet west of Alvah's the Main Road,Mattituck,NY,. 1000-15-5-24.13. Cutchogoe NY;County Tax 1000442-127. mtsSlc 7:35 p.m. Appl.No. 3974 Map Parcel Na 1000-109 1 23. LT Matters Recessed from Semtember DONALD I:.OSANI(for GEORGE 8:05 p.m:Appl. No .3977= Z6-1 990: BRUDERMANN IR.; Owner) BETTY J.COPLN..Variance to the .9:00 p.m.AppL No.3955777 '-DO-_; Variance to the Zoning.Ordinance, ,` Zoning Ordinance,Article III,Sec MINICK SBLENDIDO Article MA,Section 100=30a.3 for -:lion 100-33B(4)for pernissioa to AURICCHIO: approval of re separation into two locate accessory(garage)building 910 p m.AppL No 3938-VII separate parcels as shown by sepa partly in thre side yard and-mi r yard LAGE MARINE rate deed conveyances,.each lot with a setback at less than the re "`The Board of Appeals will rCt ud ', having insufficient area and pro quired 20 feet from the southerly time and place.hear any and,all per- ;posed Construction,to mcet setback property line.The lot area of this sons or representatives desiring to regnirementa for this R-40 Zone ;parcel is nonoonfomring at 40,000 be heard in each of the above mat--.---' ;District: Location of Property 3 ,:sq.ft.is this R-80 Zone District tars.Written comments may also be :North Side of Bayview Road and Loation of Property:2195 Albert- ,--:,.,.,submitted prior to the conclusion of the West Side of Reydon Drive, son I:ane,Arshamomagoe,Green -the subject hearing.Each hearing Southold,NY; County.Tax Map R port;NY;County Tax Map Parcel will not start before the time allot- Parcel Nos.1000-79-5-10 and 11 No.1000-52-5=54 r: sect:Additional time for your pre- 7:40 p.m. Appl. No. 3980 5:15 p.m.Appl. No. 3979 sentation will be available,if need- VIRGINIA OLGA LEE..Variance THOMAS L GORMAN.Variances 'ed. For more information,please to the Zoning Ordinance,Article to the Zoning Ordinance;Article III, call 765-1809 - — XXIV,Section 100-244B for ap Section 100-33 for approval of loca Dated:October 1!,1990 proval of deck addition to dwelling tion.of two accessory (storage) ;BY ORDER OF THE SOUTHOLD with an insufficient sideyard set ::buildings in the front yard,as exist. TOWN BOARD OF APPEALS. back and reduced front yard set The lot area of this parcel is non GERARD P.GOEHRINGER; back.Lot area is nonconforming m ` conforming in this R-80 Zone Die CHAIRMAN . this R-40 Zone District Location of:" ;:trux.,Location of Property:18 Cres By Linda Kowalski Property: 1455 Cedar Beach Road :cent Drive,-Mattituck,NY;County. '6R44 1 fY)2S East,Southold,NY; County Tax Tax Map Parcel No.1000-121-4-23. Map Parcel No.1000-92-1-4. =8.25 p.m. Appl. No. 3968- 7:45 p.m. Appl. No. 3978 — IRENE R.MILLER.Variance to the. DONALD&DOROTHY SWAHN. ,.'.Zoning Ordinance,,Article IRA. Variances to the Zoning Ordinance Section 100-30A.3,and Article Article III,Section 100-32 and AT-`:.' X M,Section'100-239.4A-for per- ticle XXIII, Section 100-239 for eri::�,mission to locate proposed dwelling approval of insufficient lot area and z'stricture with it setback of less than width (frontage)of two proposed >,!:;100 feet from the top of the highest parcels, each with an existing =' ;point(top of bluff)on this 429930 dwelling,in this pending division of sq.ft.parcel.The parcel in question Zone District:R-40 Location is nonconformin as to lot width land �� Variar o the Zoning Or_ 8.05 p.m. Appl. N- 1977- _4 NOTICE OF HEARINGS dinan rticle XXIV,Section BETTY J.COPIN.V.' ce to station use on this substandard 100an ror approval of deck the Zoning Ordinanl_, -�ticle parcel which contains less than y� III,Section 100-33B(4)for per- 30,000 sq.ft:in lot area for each addition to dwelling with an in ' NOTICE IS HEREBY GIV suffiaddition ent sid mission to locate accessory 'use,and(2)for interpretation as EN,pursuant to Section 267 of eyard setback and (garage) building partly in the to height limitation of accessory reduced front yard setback.Lot side yard and rear yard with Ir. (canopy)structure..Location of the Town Law and the Code of area is nonconforming in this the•'Town of Southold, the R-40 Zone District.Location of setback at less than the required Property:Corner of the Easter- llowing hearings will be held Property: 1455 Cedar Beach �feet from the southerly pro- -_ `ly side of Factory Avenue and following . fo 'the SOUTHOLD TOWN Road East,-.. Southold, NY,Beach perty line. The lot area of this Northerly side of: the Main BOARD OF APPEALS at a County Tax Map Parcel No. parcel is nonconforming at` Road, Mattituck, .'` NY; Regular Meeting, ' at the 1000-92-1-4. +�sq. ft.in this R 80 Zone d 1000-142-1-27. Southold Town Hall; Main ,7;45 District. Location of Property Matters Recessed from p.m. Appl. No. 3978= 2195 Albertson Lane, Ar- September 26,4990: _ Road, Southold, NY 11971, on .•DONALD & DOROTHY shamomaque, Greenport, NY; P.M. Appl., No: 3955- THURSDAY, NOVEMBER 1, SWAHN.Variances to the Zon- ' County Thx Map Parcel No. ' DOMINICK SBLENDIDO & 1990, at the following times: ing Ordinance,Article III,Sec- 1000-52-5-54. ;=' '•.+ - -'A. AURICC r"::,;,'•T.s 7:30 p.m: Appl. No. 3969- tion 100-32 and Article XXIII, 8:15 'p.m. Appl. -No. 3979- ppl. No.`-3938 ANDREW . BURKARD. -Section 100-239 for approval of THOMAS J. GORMAN. Var- [,,VILLA�GEMARI - '�"``Variance to the Zoning Or- insufficient lot area and width fiances to the Zoning Ordinance, f Appeals will t dirtaacei' Article III, Section (frontage) of two proposed Article III, Section 100-33 for : ' said time and place hear any and 100-32 for permission to con- parcels, each with an existing approval of location of two ac- -all persons.or representatives `. struct. two-foot extension of .:`dwelling, in this pending divi- cesso (storage)buildings garage attached to dwelling with r'Y( g ) gs in the'. �, ''desiring to be heard in.each.of . g g Sion of,land. Zone District: yard,as exist:The lot area f the above matters..Written com- ments an' insufficient front yard set-. ? front R-40.-.,Location-of-Property: - of this parcel is nonconforming . ments-nay also•be-submitted:- back.Zone District:R-40.Lora South side of Park Avenue, tion of Property:370 Uhl Lane, Mattituck, NY; Count m this R 80 Zone District.Lora '' "pnor to the conclusion of the y tion of Property: 18 Crescent •subject:hearing. Each hearing Orient, NY; Orient-By-The-Sea Map Parcel No. 1000-123-8-8. Drive, Mattituck; NY; Count { .will not:start before.the time Subdivisoin Lot No. 167, Sec-, 7:50 m. Appl. No. 3971- y y P• Pp Tax Map Parcel No. allotted:.'Additional time for , tion Three,Map 6160; 1000-1 VALERIE M. KRAMERI' 1000-121-4-23: 5-24.13. - � Variance to the Zoning Or- your"•.presentation will,-be .:: 7:35 p.m. Appl. No 3974- dinance,arianc Article a XIII,Zoning Section 8:25 p.m. Appl. No. 3968:L available, if needed. For.more DONALD L., OSANI (for IRENE R. MILLER. Varianc� information. :_,please,,...'call•,'. 239.4B and Article XXVIIII to the Zoning Ordinance,Arti- 765-1809. GEORGE BRUDERMANN ..Section 281, for permission to cle IIIA,Section 100-30A.3,and Dated: October: 17, 1990.".' '`" JR., Owner). Variance to the construct new dwelling structure :, Article XXIII, Section 100- BY ORDER OF THE Zoning Ordinance,Article IIIA, with an insufficient setback 239.4A for permission to locate 'SOU THOLD.TOWN BOARD .� Section 100-30 for approval from existing bulkhead and . proposed dwelling structure r'-,,-OF APPEALS of re-separation n into two from the easterly(front)proper- with a setback of less than 100 GERA g P.GOEHRINGER separate parcels as shown by - ty line along Manhanset Avenue. separate deed conveyances,each feet from the top of the highest4nt} '�:' CHAIRMAN P Lot area of parcel is nonconfor- lot having insufficient area and ming in this R-40 Zone District. Point (top of bluff) on this i � By: Linda Kowalski construction to meet 42;930 sq.ft.parcel.The parcel t �� r ' 1X 10/25/90(2) proposed Location of Property: 730 � �{ setback requirements for this Robinson Road and 980 . -in question nonconforming as r ,(, R 40 Zone District.Location of to lot width.(frontage) of less •,, ;a�:f=;:'Z;;;�Yr-::::5.:�,.' ,_.•. Manhanset Avenue,Greenport, than the required 150 feet in this r Property-North side of Bayview NY;County Tax Map Parcel No. R-40 Zone District.Location of Road and the West side of 1000-34-5-20. . Property:'.Lake View.Avenue'. Reydon Drive, Southold, NY; 7:55 p.m. Appl. No. 3976- (127 t feet southwest,of Hun= County Tax Map Parcel Nos., THOMAS AND MARIAN . ,tington •Boulevard,-a:' private.',.' .1000-79-5-10 and 11. :,:, ,•',,, SANTACROCE.Special Excep 7:40 m. Appl. No. 3980- road), Southold, NY; County , P• tion to the Zoning Ordinance, :,Tax Map„Parcel No.'1000-68- VIRGINIA OLGA LEE. Article III,Section 100-31(9)(E) 3-10 for permission to construct off g 35 p.m Appl. No 3975- premises ground sign to adver- ARTHUR G. CARLSON. In- tise for business purposes.Loca-b -terpretation and Variance to the tion of Property for- Sigr(p Zoning Ordinance,.Article III, Southeast corner of Shipyard Section 100-30(as disapproved S Lane and the Main Road,East by the Building,Inspector) fo4 Marion, NY; County Tax Map', approval of mariculture uses to Parcel No. 1000-38-1-1.2 : include delivery and storing of _ 8:00 p.m. Appl. No...3972- ` '. seafood, packaging, freezing PETROL STATION LTD. ..: and /or preparation of raw or Variance to, the Zoning.Or- cooked seafood(processing)for dinance, Article VII, Section shipping and/or sales for off- ' 100-72 for approval of propos- premises consumption. Zone ed Lot No.4 which will have in- .,District: Agricultural- sufficient area in this... Conservation(AC).Location of Residential-Office (RO) Zone property: 1575 Lower.Road,.. District. Location of Property: Southold,NY;County Tax Map w North side of the Main Road parcel No. 1000-69-5-13.2. : '• (265 t feet west of, Alvah's . 8:45 p.m.'Appl. No..•3788;- .I .Lane),Cutchogue,NY;County SUN REFINING&MARKET- Tax Map Parcel No..1000-109- . ING.Variance to the Zoning Orti°P i ",',1-23. •.. - ;;� :...:;. I dinance, Article X, Section '1I 100-102: (1) for permission to . establish convenience store use -j in conjunction with. and ac- cessory to the existing gasoline e . S ' s COUNTY OF SUFFOLK 1 STATE OF NEW YORK ss: vi Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks successively, commencing on the . . . . . . . . . . .�9.s. . . . . . . . . . day of . . . . . . . ., 199.,. . . Sworn to before me this . . . . . . . . . aS. . . . . . . day of . . . . . . O� .. . . . . , 19 %°. . . . . . . . . . . . . . . . . . . . . . . c - . . . . Notary Public 11A41A74. A. SCHNEIDER Not'-Ai ru6m.SI%M NW vat No.4806846 Qualified in Suffolk Coon ..Commission Expirel w. a 4 SCOTI'L. HARRIS APPEALS BOARD MEMBERSk '3 Gerard P. Goehrin er, Chairman � ' t Supervisor Charles Grigonis, Jr. j�.� u Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St. , N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360, ,Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq. , P.O. Box 803 , Greenport 11944 Karen Hagen, Esq. , P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq. , P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq. , P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq. , Drawer W, Jamesport 11947 Marie Ongioni, Esq. , P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq. , P.O. Box 1547, Riverhead 11901 Arncie III, Section 100-33, as •`concernin'iddition to the exist: 16. ing one-family dwelling for use disapproved, for permission to g OO p.m Appl. No 3960 as a second dwelling unit.Pro- construct an accessory structure THOMAS &ALLISON SAR g (gazebo) in an area other than Perty:Locatiom.185 Inlet Lane, GENT:Variance to the Zoning. Greenport,: County_:Tax Map the required rear.yard:Proper- :Ordinance, Article:III A; Sec ty location: 495 Bayview Ave- No.•1000,Section- Block 004, tion 100-30 A.3,for approval of L.37 '`�* nue;Southold,NY;Coimtg Ux insufficient area,, width and ' Map. No: 1000, Section 052, r "'depth of'parcels, each with an 8.55 pm Appl No.•3938 VILLAGE MARINE Variances. Block 05, Lot•23 existing single-family.dwelling, "'' Ito the Zoning Ordinance,'Arh .7:35 p.m. Appl No. 3962 in this; endin 'divisioir or re P• g c1e XI'Section 10a112 Article' HAROLD GORDON.Variance separation.of.merged properties, ' XII;Section 100-111C(1),Article to the Zoning Ordinance,Artt and for ,approval: of reduced G, XXIII,Section 239.4,and Arta disacle pproved,cfor ermion to yard setbacks between'existing`i ,';y cle XIX;forpermssion to eon ( P „structures and property lines,as ..,; tract addition to existing prin .construct an„deck)addition to, ro W,, ' `existing..,,",residence. Proposed',* 'ton of new' lots will have insuf `tqf cipal:building:with nsufficien construction°will have insuffi ficient width,depth and total lot "`:? 'tsg tbacks f rom the bulkhead,th cient°side and setbacks;Pro-s t=. easterly ;(rear) property line,;, Y O area for this districf:`)sroperty maintaining the nonconforming perty 'Location: 124 Hickory, �tLocationc Private Road of Fox ' :�v�enne;Southold, Avenue,°Fisheia3sland,,Qounty t�:' northerly(§ide)setback ;i,and to - r $ - ,. Deets boat,storage sirtid'ure Map No 1000, Section 78, t Tax Map No 1000,Section 06, r Block 7, l of 50 (boat rack)with insufficient set ' Block 06,"Lot 07:`' ,,,;t� backs froin'the northerl side 7:40.'p m APPI No;3966—}= � , 8.05.p.tri,Matters of TAMES, ;' ;� y ) PETER`BLOOM. Variance to:' , <=westerly,.easterlypropertylines, PETER & CHRI9 MESKOU and bulkhead.Also �'-the Zoning Ordinance, Article r RIS `` requested is IIPA;Section 100 30:A.3,as dis " relief,as may be deemed neces- `-Appeals No.3951 and 3957 nary concerning par ' for 'permission to ' Variances to r the Zoning Ordt ' ' landscaping under..the current construct a deck addition to ,.nine,,Article.' IIIA; ::Section revisions.of the site;plan regu existing dwelling.Proposed con- 100-30 A 3,Article.XXIII,Sec Iations.Zone District:Marine I, struction will.have insufficient tion 100-239 4 (100-239d), and (M-I) Property.location James side yard setbacks. 'Property Article III;Section 100-31A,for Creek,eastside of Bay Avenue;" location:40 Old Shipyard Lane; ro osed deck construction �' + `and :"'580 UHommedieu,.; ty which requu�es approval as tom ,t,{ MattiD strict I�000 Section 122, Southold,County Tax Map No. sufficient side yards,excessive ' ,.Section„64, Block,2, Lot% i 1000 coverage, and reduced setback 53 t ; j from 'the, rpiiumum re utred i1`'' r The Board of Appeals wi q: said tune and lace hear an and 7.45 'p m `Appl No.`3964— from the ordinary highwater r P Y r 'all persons or representatives de KENNETH MINNICK.Special , ,mark of"'Long Island ,Sound, z`�, strin to be heard in each of the-, Exception to the Zoning Ordi and for approval•of this substan •r �abo a matters. Written,`tom nance Article IIi,` Section ,dard parcel.for dwelling use(as 100-31,B(14),as disapproved for; ` , t';merits may::also tie'submitted t exists)(re-separate lots that are permission';"to establish"acces �, mer ed: Pro ert LocationPrior to the:.conclusion of.the g ) p Y subject hearing:Each hearing sory apartment.in proposed ad `n a 1350 Sound Beach Drive,Matti dition to._.existin one-family will not start before,;time allox g Y Muck, County Pax No Additional time or our dwelling `structure. Property` .1000,Section 106;Block 1,I:ot i '' +�" Y. location: •3305 Aldrich Lane, 36.and Lot 37 r ,3 r + 11 presentation will be available;if Laurel,.County Tax Map N!o , 6id Forinoreinformation, x r a;8.20`p.m Appl. No. 3955--feg j "please call 7651809:;'„ 3 1000,Section 124,Block 1,Lot �DOMINICK SBLENDIDO & *` .r 9 Dated S ember 6`I990 3 Z aA,tAURICCHIO Variance 7:50 p m. Appl No.'3967 th 'Article Zoning + THE;SOUTHOLD TOWN KIM CAMPBELL.Variance to , 'III A,. 'Beth: 100-30A.2' s `i h�a y; pAgD:AF PE"PILS #lie ZoningOrdman Article ' t1M11A)and'100 30 A:3;'Arti GERARD p GOEHRINGER III, Section 100-33; as disap - cle XXIII,Section 100-230(A), i proved; for permission to con ' ;for interpretation regarding se $, " CHAIRMAN struct',accessory.garage man"; ;� kitchen:and for permit BY Linda Kowalski-, area other than the required rear ; 1X, 9/20/90 (3.5)` yard area. Property Location:: East End Road,Fishers.Island, c:= NY;County Tax Map No 1000,' .Section 004,Block 004i Lot016. `y NOTICE OF HEARINGS I', p.m"APPI:'No. 3963= NOTICE IS ' HEREBY.. s FRANK CURRAN.Variance to GIVEN, pursuant to Section '`:;;;';:the Zoning Ordinance, Article. 267 of the Town Law and the ff III,Section 100-30 AA(100-33) Code of the Town of Southold, f and ;Article XXIII, Section the following hearings will be r ` 100-239,4 B,as disapproved,'for held by the .SOUTHOLD $ermission, to• construct,an TOWN$OARDOF APPEALS ," ,:accessory.ititiilding'in an-area• at a Regular Meeting, at'the >other than the required rear yard, Southold .Town Hall--­Main­ area and with-,a setback of less Road, Southold, NY. 1197I on ' '.';''than 75 ft.,from the,bulkhead. WEDNESDAY,:SE>'T 1rMBER �,Property,;Location: 780 Hay= °26;1990,atthe•following Hines waters:Road,',(Peconic,`,Bay.:: 7:30 p.m. Appl. No. 3961— "'Properties.Subdivision),`Cut- , VENETIA McKEIGHAN.Var-; .; ;chogue, County Tax Map No. { iance to the Zonine nrdinanre:.-� ' 1(100. Section 111. Block 1. Lot a• Copies of Legal Notice to the following on or about Septem- ber 17, 1990: Mr. and Mrs. Harold Gordon 124 Hickory Avenue Southold, NY 11971 Mr. K.T. Grathwohl, Jr. Willow Pond Lane Southold, .NY ...11971 Mr. and Mrs. Peter Bloom 135 Pacific Street Brooklyn, NY 11201 Mr. and Mrs. Kenneth Minnick 3305 Aldrich Lane P.O. Box 201 Laurel, NY 11948 Mr. Jacobs Albert James V. Righter Architects, Inc. 58. Winter Street Boston, MA 02108 Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Michael N. Hills, Esq. 206 Roanoke Avenue Fiverhead, NY 11901 _ Mr. James Fitzgerald Proper-T Services P.O. Box --.617 r Cutchogue, NY 11935 Philip J. Cardinale, Esq_ Cardinale & Cardinale P.O. Box W Jamesport, NY 11947 f Charles R. Cuddy, Esq.!,, P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 f; ' G --Mrs. Venetia -McKeighan 495 Bay View Avenue Southold, NY 11971 f' APPEALS BOARD MEMBERS SCOTT L RABBIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road , Serge Doyen, Jr. P_O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax(Slb) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to Call lour -of filoe prior to the heaxi g Sate if you have questions or wish to update your file. Yours very t=]LY, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 8:00 P.m. Appl. No 3943 GREG'S SEAFOOD DOCK & MARKETING,INC.Special Excep- _ tioti to the Zoning Ordinance,Arti- 8:35 p.m. APPI• No. 3942- NOTICE OF HEARINGS` cle III DAVID& NOTICE IS HEREBY GIVEN, (100-31C) for permiss on to on) � MARY ANN CREATO. Pursuant to Section 267,of the Town struct an off-premises sign. Off- Variance to the"Z�o'ning Ordinance, Article�- +�00-31(A)1,fo So Code of the Town of premises signs are not a permitted permission Southold, the following hearings use.in this district Property Loca-.. 8. tO1 hive. a secon Will be held by the SOUTHOLD UM 6this Route 48&5t Sound dwellin only amBy dwell;n TOWN BOARD OF APPEALS at a Road,Greenport;.County Tax Map. Permitted.°n each lot,-Property Lo. Regular Meeting, at the Southold No. 1000,.Section 35,Block 1,Lot cation: 3539 (ROW) Cox Neck Town Hall,Main Road,Southold, g Road,Mattituck;County Tax Map No. 1000 Section 106 Block a NY 11971; on TUESDAY, MAY 8:05 m.'A 1.` o. La51. .15,1990,at the following times: BIDWELL PP N :3945 - 8:40 7:30 p.m• APPI. No.times: - WINERIES.Variance to p m APPI No 3941 - HAROLD AND SARA TAUBIN. Section 100-png Ordinance, { ce'Article III, CONSTANTINE GEORGIPOU- Variance to the Zonis Permission to set LOS• Variance to the Zoning Ordi- Artici Arti-le$A,Section 00-30A.4 eventsup a eP oposedmporary Etentent fdoesnor lt adl. nonce, orpermiisssion toeconstru00 (100-33_for 30A.3,for pemtission to construct dress this condition in A-C,Zone 'one family dwelling. ct a an accessory buildingyProposed con- District.in front and District. Property Location: 18910 ewc4on will have insufficient front area. Accessory buildings may be County#48,Cutchogue,County Tait. located in there yard setback. Property Location: required rear yard. p No 1000 Section 096,Block 1300 Lake Drive,:Southol �PertY Location 625 Te d.-County 'Southold, County Tax �p o� 04,Lot 4.3. Tax Map No. 1000, Section 59, I000.Section 65,Block 1;' 8:10 P.M:,APPI. No. 3929 - Block I,Lot 21.6&217 7:35 Lot 23. VINCENT ANNABEL Special Ex- 8:45 p.m;Appl No 3911 - Ap.m.-App} No •3937- ception to the Zoning Ordinance, WALTER RAFFERTY.:Variance io PA7RICK LOHN. Varian _ Article III,Section 100-31,for per the Zoning Ordina ce, - -- fie. Article Zoning Ordma��ttce,Article XXIII, mission to have an accessory apart- XXIV, .Section ;241A,Section 100-22 B,for went.PropertyXXVII.Section lOp_281 (Article permission Location:4300-Still- (3),as dis- - to construct a deck. Proposed con- water Avenue,Cutchogue, County aPProved,for e struction will be less than 75 ft.from :_Tax Map No. 1000, Section 137, P cmrssion to con -- Tax additions and alterations to- the bulkhead. Property Location: Block 2,Lot 21.- garage with a 2480 Minnehaha Boulevard, 8:15 p.m• Appl No.3932 in Partrnent. Garage liv 8 quarters has been dormant long Southold, County Tax Map No. MATHIAS AND MAUREEN, enough to loose - non-conforming. 1000,Section 87,Block 3,Lot 57. MONE. Variance to the Zoning status and the use there o ti 7:40 P.M. Appl. No.3935 Ordinance,Article XXII,Section Location:East End Road,Fishers JCM SALES AND LEASING;Vari- -100-239.4&for permission a tioconn Island,Count Tax once to the Zoning Ordinance;Arti- struct'a swimmin Y Map Q1►o,.1000, g Pool.Proposed Section 03,Block 07,Lot O5.- .cle XXIII,Section 239.4,foi per- construction will be within 100 ft Of` :50 p.m. A - mission to construct an accessory „fAsj$pd,S VILLAGE MAR pp l. No: 3938 _deck, { f t# 11,o#4%iz LocoINE.Yariance tq� proposed construction will be- "a the Zoning Ordinance,Article XII, less than 100 ft from the top of the tian:2830 Grandvriw Drive<Orient, Section 100-112,:Article X bluff. Property Location: 62825 County Tax Map`1vo• loop,Seexion tion 100-111 C 1; Secs North Road,Green 014,B1ock.02,Lot 3.5. O Article XXIII port,County Tax Section 239.4;for permission to Map No. 1000,Section 40,Block 8:20 P.m..APPI• No.'3939 - enlarge preexistin 01,Lot I I.I. 'GEORGE SCHNEIDER. Variance and install 8 rnarina buildingI to the Zoning Ordinance,Article III, art boat rack(outside).prop-1 7:45 p.m. Appl. No. 3934 y'Location;:175 Ba JOYLON STERN. Variance to the Section 100-32,for permission to Mattituck, Count Y Avenue, Zoning Ordinance, Article XXIIf, 'construct a one family dwelling, Y Tax Map No. "Bulk,Area and Parking Regulations loop,Section 122,.Block 03;Lot Section 100-239.4 A(1),for per- 151. - mission to construct addition to one and insufficient sideyard setback. a Board of family dwelling. Proposed con- Property Location: 800 Sterling Appeals will at said g tune and place bear any and per swction will be less than 100 ft5b Road,Cutchogue,County Tax Map '� sons orrepresentativeadesirin j from the top of the bluff.Property No. 1000,Section 104, Block 01, _9 to be- Lot Location: 63035 County Road 48, 29: "`�P'n each of thea e'Patters. 8:25 Written comments may also be sub { Greenport,County'Tax Map No. p.m. Appl. No: 3932 mitred prior to 1000,Section 40,Block 01,Lot 13. ROBERT GREDICK. Variance to subject hearing. conclusion of the 7:50 P.m. Appl. No. 3933 - the Zoning Ordinance,Article IIIA, not start before8•Each hearing win PAMELA VALENTINE;Variance Section 100-30A.3.Article IIIA, ;clonal time for time allotted..Addi- to the Zoning Ordinance,Article Section 100-30A.4 (100-33), fo sbe available .YourPresentation will XXIII.Section 100-231 A.for per- Pe�tsstOn to construct addition t information, if needed. For more mission to construct an 8 ft.fence in dwelling and accessory garage i Dated May Please call 765-1809 front yard area. Fence in the front front yard area.-Proposed comtruc Y 8,1990 yard area not to exceed 4 ft. in tton.will have insufficient front yan BY THE SOUTHO ORDER'OF height. Property Location:34655 setback and accessory buildings ma BOARD O LD TOWN Main Road,Orient,County Tax Map be located in the required rear yard F APPEALS NO. 1000,Section 019,Block 01, Property Location:`7825 NassauGELD P GOEHRINGER Lot 5&6. Point Road & Clearwater Lane CHAIRMAN- by p.m. Appl. No. 3936 Cutchogue, County Tax Map No 6677-ITM by Doreen Fetwerda LUCAS FORD. Special Exception 1000,Section 118,Block 04,Lot 06. -�'_Y10 to the Zoning Ordinance,Article III, 8:30 p.m. APp1. No. 3931 Section 100-31 C.9(E),for permis_ JOSEPH SHIPMAl7.Variance,to the Zoning Ordinance,Article X,Sec- 'Property to install an off-premises sign. . 'Property Location:43600 County . tion 100-102,for permission to in- Road#48,Southold, County Tax sutute a second business,Bulk,Area I Q Map No. 1000,Section 063,Block and Parking Requirements.Property 01,Lot 1.6, contains less than required business area Property Location:6619 Main Road,Laurel,County Tax Map No: _ 1000,Section 125.Block 01,Loth 197 Ln t T Southold Town' Board of Appeals •�oJ01 .��0 MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.;"N.Y. ,11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. s r TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to. call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERAFtD P. GOEHR LAGER C CHAIRMAN dff ` I i o��FFo���QG y o y` APPEALS BOARD MEMBERS = r=t+ SCOTT L. HARRIS • Supervisor Gerard P. Goehringer, Chairman Q Off' Charles Grigonis, Jr.' �'y01 `�� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 . Joseph H. Sawicki `' Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823. Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone.(516) 765-1800 May, 15 a., 1 990 . TYPE II ACTION DECLARATION Appeal No. 3938 Project/Applicants.• Vi,l page Marine County Tax Map No. 1.000_- 122-3-15 . 1 Location of Project: 175. Bay Aye . Mattituck , NY f N Relief Requested/Jurisdiction Before- This Board in. this Project: Permission to en l arge' ma.ri.na. ,buj l di ng and install boat rack _..(outside ) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law444-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application in4icating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.,?jj , this Department is _ excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617.2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at., ( 516) 765-1809. mC r 'AIM J 9 s Town Hall, 53095 Main Road P.O. Box 1179 y�•�' • ��� Southold,New York 11971 JUDITH T.TERRY �O'l FAX(516)765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3938, VILLAGE MARINE DATE: APRIL 5, 1990 Transmitted is application for variance submitted by Charles R. Cuddy for VILLAGE MARINE together with notification to adjacent property owners; Zoning Board of Appeals Questionnaire Form; Short Environmental Assessment Form; Letter to Building Dept. from Charles R. Cuddy; Letter from Planning Board; and site plan. Notice of Disapproval was not included. Judith T. Terry Southold Town Clerk April 6, 1990 Notice of Disapproval received. FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL - / Date . . �plJ.�.gA . . . To ti:4'lat-�?. '•. . � .lc. ]r- age. )'J�o�t�.��, . c. .. . .t. . �. . ... . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . 7-��&. . /.s. . . . . . . .. 19 for permit to X.v 4�1e.. .04A''..-r. r4!1`�. '�. . .. . °► '. PCa..L � �. at Location of Propertyate.. . . . . . . . . . ?. C. -. . . . . . House No. StreetHamlet County Tax Map No. 1000 Section . . . . . . . . . Block . . . . .3 . . . . . . Lot . . . .. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . .QI'Fg-�-: ` - . . 1 P:o.r I " .t,v-�. . a 3 . .c �e u,.. ' . . !-�. .. .Lu;aa-►�, -. . . . . . . . . . . . . ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ui11ding Inspector -'�V 1/80 i QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED 4ZTH YOUR APPLICATION FOXES TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter. land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by yes No Town Code, Ch.. 97 for your reference. ) b)Are there any areas open to a waterway without bulkhead? yes No 3. Are there existing structures at or below ground level, yes No such as patios , foundations, etc? ..— 4. Are there any existing or proposed fences, cpncrete yes No barriers, .. decks, etc? - - 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above yes No average ground level? State total: 16 _ 6. If project is proposed for principal building or structure; is total height at more than 35 feet above yes NO average ground level? State 't•o_tal:. . 7. Are .there other premises under your ownership abutting yes No this parcel?. If yes , please submit copy of deed. 8. Are there any building permits pending on this parcel • (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County,. Vi.11age, etc. ) : Yes No Planning Board Yes-Town Board . . . Yes No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.Y.S.D..E.C. Yes No Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers yes No and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours yes No at 5 feet or less as exists? - - 12. If new construction. is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level; have you made application to the Town Trustees for an inspection for p'ossa•ble waiver or permit under the nT requirements of Ch'. 97 of the Town Code? Yes .o 13. Please list present use or operations conducted upon the subject property at this time /0#%aI►�Ah. and proposed pq^%(Lo..ism, Please submit photographs for the record. I certify that the above statements are true .and are being submitted for relic celby t e Board of Appeals in considering my application. Signature (Prg. `erty Owner (Authorized Agent .% 90JECT LD.NUh1BER 617.^1 L SCAR Appendix C State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only IT 1—PROJECT INFORMATION (To be completed by'Applicant or Project sponsor) APPLICANT/SPONSOR Bruce A. Glueckert i 2. PROJECT NAME Village Marine PROJECT LOCATION: Munlcloality Matti tuck county Suffolk PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) e/sBay Avenue, 140' s/o N.Y.S." Route 25, Mattituck, New -York IS PROPOSED ACTWN: ❑New U Exoanslon ❑Modification/alteration DESCRIBE PROJECT BRIEFLY: Con_struction of a 40! x 60' (2400 square feet) unheated metal storate building and.a 11 ' . x 102' outdoor boat rack with 'related site work. - AMOUNT OF LAND AFFECTED: Initially D•55 acres Ultimately acres WILL PROPOSED ACTIONCOMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yea L.`J No If No,describe briefly Variances 'will be required for ,building setbacks, parking and landscaping. .'/HAT IS.PRESENT LAND USE IN VICINITY OF PROJECT? r�••�q� r ®Residential ❑Industrial �Lry Commercial i❑Agrculture Describe: ❑Park/Forest/Open space ❑Other .Area .is currently zoned commercial to the north and "residential, to south on the other side of James Creek. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STAT��EryryOR LOCAL)? L y Yes 0 No If yes,list agency(s)and permitlapprovalsr Southold Building Department New-.York State D.E.C. Southold Town Planning Board Southold Town Board of Appeals Suffolk County Department of Health ^DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? J Yes ❑Ilo (!yes,list agency name and permit/approval S X RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? 7 Yes ❑No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Bruce A. Glueckert "CantrsQdnsor name: Glueckert and Wieber, Architects �' Dale: atu►u: -- 111he action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment OVER (Continued on reversig VIdei The N.Y.S, ,Envirome of this n form, and ro Quality Review before an an environmental review w Act uires y action is taken, ill bar',made L submissiony uuard SHORT ENVTRONbIEPITA l, INSTRUCT:ONS; ror4,1 L ASSESSFIENT , (a) In or,4er to answer the that the preoarer will use currentiestions in this ' project and the likely i Y available informaotionAconcoris nings�ed additional studies y mpacts of the action. It is not expected that • , research or other investigations will be undertaken. (b) If any question has been answered hificant and completed Environmental Yes the project ma . Assessment Form is necessary sig- pro ect� If all questions have been answered No it is likely that the 7 is not significant, (di Environmental Assessment l Will project result to the project site or a large physical change Of la than 10 acres Physicall nd? Y •alter more 2. Will there be a major change to —Yes X ;I0 unusual land form on i any unique or - the site? , 3- Will project alter or have a . ,Yes X No lar an existing bod ge effect o y. of water? n 4. Will.project _Yes X No groundwaterquality?potentially large• imoact on 5- Will _Yes X No on adiacenttssignificantly effect drainage flow X 6.. Will ro Yes No p ject affect any threatened or endangered Plant or animal species? 7- Will _Yes X p10 project re suit i effect on a major adverse ef air quality? X ,. 9. Yes �.o Will actor pofjct have the communit or or effect on visual char known to be importantytotheom ec views? or vistas X 9. 'Will � Yes No � project adversely impact any site or struct- ure of historic, pro-historic, or paleontOlOgi.caL• importance or any site designated as a critical envircnmental area by. a local agency? 10. Will .• _Yes X No Project have a major effect on existing or future recreational opportunities? ' 11. Will � Wes X No project result in major traffic problems or cause a major effect to existing transportation systems? X 12. Will Yes _No Project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- once as a result of the project's operation? 13. Will _Yes X.No or safety? Project have any impaction public health 14. Will project affect the existing - Yes X'No tiond�irocef lortly e by than a growth in Permanentnlo� 1. period or a than 5 percent over a one-Year Pula character have a major negative effect on the - Yes XlJa of the community or neighborhood? 15. Is there public co Ot project? roversysOncer q the AreParer's Signature: 'Yes X No RQDrLsenting; Villa Z9a yi7s Village Marine Date: Town Hall. 53095 Main Road : P.O. Box 1179 �+ Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 1989 Carmine Grasso Glueckert and Wieber Architects 300 Wheeler Road - Suite 303 Hauppauge, NY 11788 RE: Village Marine SCTM 41000-122-3-15 Dear Mr. Grasso: The Planning Board has received your proposal. The following changes must be made before the Planning Board can proceed: 1. All existing floating docks must be shown on the map. (The map submitted shows four, an inspection of the property showed twelve docks) . 2 . The bulkheading on James Creek must be shown on the map. 3 . The existing macadam paving must be shown on the map together with the blue stone area. 4. The Suffolk County Tax Map Number (SCTM# ) and the zoning must be shown on the map. 5 . A grading and drainage plan must be submitted showing drainage calculations and details of drainage structures. 6 . The map must show the name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. 7. The location and details of curb cuts, fencing (type and location) , grading, including existing and proposed topography with two-foot contours ( on site and two hundred (200) feet beyond the property line. ) Spot locations for buildings must be shown also. 8. The location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location must be shown. 9 . Building elevations for all facades and floor plans showing the proposed use of floor area must be shown. 10. Parking calculations must be shown on the map in accordance with the Town Code, Article XIX 100-190, 191 & 192 (one space per four boats in dry storage may be used. ) 11. The proposed building must be seventy five (75) feet from the bulkhead on James Creek. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any questions or wish to have a presubmission conference to resolve any issues before proceeding, please don't hesitate to contact this office. truly yours, i ' 1 .( Y Chairman cc: Dave Young Board of Appeals Town Trustees RK/jt 9 7 a 1'.O. Southold. New )'o:k 1 1`),1 3 . N'LISHONF. i (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14 , 1989 Carmine Grasso Glueckert and Wieber Architects 300 Wheeler Road - Suite 303 Hauppauge, NY 11788 RE: Village Marine SCTM 41000-122-3-15 Dear Mr. Grasso: The Planning Board has received your proposal. The following changes must be made before the Planning Board can proceed: 1. All existing floating docks must be shown on the map. (The map submitted shows four, an inspection of the property showed twelve docks) . 2. The bulkheading on James Creek must be shown on the map. 3 . The existing macadam paving must be shown on the map together with the blue stone area. 4 . The Suffolk County Tax Map Number (SCTM4 ) and the zoning must be shown on the map. 5 . A grading and drainage plan must be submitted showing drainage calculations and details of drainage structures. 6 . The map must show the name and address of the person, firm or organization preparing the map, sealed with the applicable New 'York State license seal and signature. 7. The location and details of curb cuts, fencing (type and location) , grading, including existing and proposed topography with two-foot contours ( on site and two hundred ( 200) feet beyond the property line. ) spot locations for buildings must be shown also. 8 . The location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location must be shown. 9. Building elevations for all facades and floor plans showing the proposed use of floor area must be shown. 10. Parking calculations must be .'shown on the map in accordance with the Town Code, Article XIX 100-190, 191 & 192 (one space per four boats in dry storage may be used. ) 11. The proposed building must be seventy five (75) feet from the bulkhead on James Creek. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any questions or wish to have a presubmission conference to resolve any issues before proceeding, please don' t hesitate to contact this office. Very truly yours, ZrcE��Pirman ' cc: Dave Young Board of Appeals Town Trustees RK/jt i I 1 SEC SEC NO IIA a0� 9 SEE SEC. NO N. NAH SEE 9EC N011. SDP YgTCN_ _LINE_— ^O • aSM _O�C� ___YATLN_—_�_LIHE TL � LIME M1TLMLINE .LYr.DO �iN 3•t e.!b '•H \yU �� = rOH PARCEL Nn •rT 1 ��_� f r SEE SEC, No I1 aya• OI �, ..�' YY,, ie<rau IFu z IL�AILI ! , pVE <Le t �f t1� 4�I Me- + 'q<••« (•I.Ir d• r .. • IS MOW1 '•SOUND y l0 n 12 \• '�fi N P f ; —�!I 2:Alct e'- 1 a ^ LBN.1 «ewe ea � d 8 AA.e «! pOA rAlcl a ti•• 1.3A1a1 <• 1 - �! �oi £�6.~ SEE SEC NO lag a<0 °°•I 8 ' - 3 9 , P M1�, Y_ lTDA I .•. � s.p `eryya ei' b �'� ! ••'1 O T I.eAk1 - C:n O •.:� 2, � 'yl.I �_�— �,� � ` A ,6 's•s z ' _ 3.z, - CCCCCC� t. �90 �A�4 $. L T Y H >t� !2 L 36Jt !4!t I \ \ 4• l50 t IDS - r.. M1s:;, °:� E' LEGION •RD. ISDI r 9L'341 ... 4� 'li IMill..yam'` 9 B _�ID �x 3T use o�, —S�]— t. SEE SEC. N0. IA] - Ie A b•' M1y]•• ••°°, ¢ , LxA lis / AAR i' J •.// yp` rye. n -0 Iu.nl..1e.i[c: D 9 �} ti� OF CgEEA• SO�"p.s\ ry^P�4.3 �' •sDat^aD D E< IWO N SLa SOtt M1 + 9 e• 9 y .., T.2Y d _ y e _ A M1,A� 6A - d S. SEE SEC. NO IAA ad� ✓ ry�1 Y4„ yy 4T [] 7 y�' IDYc) 6 14 J. SOT :Pt^• Pl° +P sue•' . 'y M1�i_' 9P �P •ry t*�'a • •y ip e: � ;\.. •� OLD �y e�VO. "` 1 �. •e•s E fOH PAHCEL NO' BpY •`' SEE SEC, NO -r•. A� -0 NATLN Z N LINE W\TCM Z LINE I• SEE SEC NO 1V Legend KEY MAP © COUNTY OF SUFFOLK TorNDrSOUTHOLD sECTIw la. F:m Di•r.i<r L:m __.P--_ NE4nr D:•ni<r 4..__.H.—_ LLA.i•I«LN W. ()e I� Dw•N•C•�m Oww— Ts«LM• ---- Pew Di.r�i<r Lim __M___ Rd«•D�•M<r Llm__.N�—_ D• D..«.i« 6]' P IOO Real Property Tax Service Agency VILLAGE OF 2 Lbdi•i<I«L.I LI•. ____— VIIiq.Lim Lid.Di•ni<r SCALE IN'EET CDUn1Y �enler DISTRICT NO.1000 R. BIM L111 ���_ PM D:°rvi<r Lau __.P--- 1w.,W. ]l o..a A.« 12Alal PROP' LMd D:..I<r Li.. _ s....De•NI u.. _ L .:•:«9I«L W. pD c."I.�•a A,« ]A ml RivnhMod,1.1.,NMw York .r c.-+«•_ 1 ar�� AWA all ro -MNo - fur- 1 •a 11 �. 1111,�alllll,�111��1/' il� Inh .-d1U in#fitMM =ll�nM Ei ..• ;� ,n� ,Noon 1 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 1, 1990 Appeal No. 3939 - Matter of VILLAGE MARINE: Board Members present were: James Dinizio, Jr. , Chairman Pro Tem; Charles Grigonis, Jr. and Serge J. Doyen. (Absent were: Members Joseph H. Sawicki and Gerard P. Goehringer, who has abstained from discussions or deliberations in this matter. ) Also present were: Board Secretary Linda Kowalski, and approximately 25 persons in the audience. Chairman Dinizio reconvened the hearing at 10:48 p.m. CHAIRMAN DINIZIO: Is there anybody wishing to make any comments _ on this, for or against? Mr. Cuddy. CHARLES CUDDY, ESQ. : I 'm Charles Cuddy, attorney for the applicant, Village Marine. When we were here at the last meeting; this was held over for several reasons, but I would Page 2 - Appeal No. 3939 November 1, 1990 Z.B.A. Transcript of Hearing Regular Meeting Matter of VILLAGE MARINE CHARLES CUDDY, ESQ. , continued: just briefly like to reiterate what our application is because I think it's important to know what it is so you know what it's not. It's simply an application for setback variances because we want to build a larger building to house the boats so that we can repair the boats. It also is an application to permit us to have a boat rack so that we can take existing boats -- not new boats, not additional boats, but existing boats there -- put them- in the storage racks. It opens up the area. It permits us to have additional parking, and in this connection, we've submitted a revised plan to the Board showing additional parking spaces and also showing some planters along the bulkheading. I 'm aware and I had asked, and this is one of the reasons I guess we're having this further meeting -- I had asked to comment on anything that the Planning Board -- (The Court Stenographer returned to the meeting at this time. ) SECRETARY: We should have been waiting for Gail before we started the hearing. CHAIRMAN PRO TEM: I didn't even realize she was gone. Sorry, Mr. Cuddy. Page 3 - Appeal No. 3939 November 1, 1990 Z.B.A. Transcript of Hearing Regular Meeting Matter of VILLAGE MARINE GAIL ROCHEN: Mr. Cuddy, let me just get to. the record. Ok, this is Village Marine. MR. CUDDY: I just indicated that we were here because we were asking for a larger building and also the boat rack, and needed setbacks because the lot is a small lot. The lot is a little in excess of 20,000 square feet. It's a permitted use. We're not asking to expand a nonconforming use, and I think it's important because the opposition in part, and part of it seems to come from the `Planping Board, and I had asked last time that they correspond with this board and to have the opportunity to reply. They did correspond subsequent to our last hearing. I wrote to this. Board, and my letter should be a part of the Board's file. And today I've been made aware of. an additional letter from the Planning Board claiming that effectively the proposed plan with additional parking violates five different sections of the code. I would just like to point out to the Board that the five sections that are spoken of, Section 100-100-210, 100-212, 100-213 . � . (See remainder of hearing transcript prepared by Court Stenographer under separate cover. ) Prepared INDA KOWALSKI �30 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman VO Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: James Dinizio, Chairman Pro Tem iLLA167_�Ulll s � �, Q 'J Board of Appeals ,FROM: Bennett Orlowski Jr. , Chairman -6,D-�,Ivs ;�, ,.r a 19WRE: Pending Site Plan - Village Marine 3 SCTM* 1000-122-3-15.1 DATE: November 1, 1990 The following is in response to your request of October 24, 1990, requesting the Board' s review of the parking requirements for Village Marine. With the exception of space number three (3 ) , the parking spaces indicated on the map do not conform to Code requirements. Specifically, spaces one (1) , two (2) and four ( 4) through twenty ( 20 ) are in an area that the Code requires be set aside for landscaping for parking lot screening and buffering (Article XXI 100-210, 212, 213 , 214 and 215) . In addition, spaces five ( 5) , six (6) , and eight (8) do not have the required twenty-two foot ( 22) back up space. Essentially these spaces are not useable. Further, some of the spaces must be designed for handicapped access, but are not. The proposed boat rack is also located in an area required for the transition buffer between residental and marine business zones. Further, the site plan does not include the boat storage rack and the retail sales operation uses in the parking calculations. The Code requires one parking space for each boat in dry storage, and two (2) parking spaces for the retail accessory use. More spaces are required than the twenty-nine noted on the site plan. The applicant should be asked to submit corrected parking calculations on plans that include the handicapped spaces, the boat rack spaces and the retail sales spaces, all in conformance with the Code. In closing, the Board is not in favor of this variance request because the site should be brought into compliance first. Please review the attached copies of the Board' s past correspondence to your Board (October 2, 1990) and to the applicant (September 21, 1990) . APPEALS BOARD MEMBERS SCOTT L. HARRIS �. _� yw• Supervisor Gerard P. Goehringer, Chairman ��- Charles Grigonis, Jr. �,� r � Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1.800 TO: Planning Board Attention: Valerie Scopaz, Planner FROM: James Dinizio, Chairman Pro Tem Board of Appeals DATE: October 24, 1990 SUBJECT: Planning Board Letters of 9/21/90 and 10/2/90 Pending Site Plan - Village Marine SCTM #1000-122-3-15.1 With reference to the above application, please find attached the latest print of site plan showing 20 proposed parking spaces. As you may know, the hearing on this application has been continued until Thursday, November 1, 1990, and we ask your review as to whether or not the parking layout as shown on this plan is conforming under the requirements for site plans -- with- the exception, of course, that the plan is nine parking spaces short of the code requirements. Please provide our office with your comments as early as possible, or in the alternative, please feel free to have a representative from your department attend the hearing. The hearing has been continued for 9:10 p.m. on 11/l/90. Usk'-VILR a 4d�ressed 61 cj, �3s Z . _` - -- o-�-oc c...w �1 ---...i FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL _n n Date . . .)•. . . .fl!v. . . . .. 199.Q. To . . . . . . . . . .�.e.�dl . Q/. 7.WJl. .?.. PLEASE TAKE NOTICE that your application dated . . . , Q�!•G!7, • f• • , , , • 19 .q 0 for permit to ( ,. a ,�• 1 1 at Location of Property .�7..>� , , House No. � ' ' ' ' •��•`��'�•,• • • Street �Hamlet County Tax Map No. 1000 Section . . . . . . BIock . . . 4.B. . . . . . . Lot ZSi.j . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds ,cam. • ,1,. , zz'j'r', 1 94 •. ♦ . • ♦ • i • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • . . • . • . • • • . • • • • • • • • • • • • • • • . • • • • • • • • • . • • • • • • • • • • • • . • . • • • • • • • • • • . . . • • • . . • • • • • • • .. • • • • • • • • • • • • • • • • . • • • • • • • • • • • • . • • • • • • • • . • • • • • • • • • . • . . • • • • . • • • • • • • • • • • • . • • • • • • • • • . • • • • • • • • • • • • • • • • i • • • • • • • • • • • • • • • • • • • • . . • • • . • • • • • • • • • • • • • • i . . . . . . . . . . L Bui♦ ding Inspector• RV 1/80 '. . >i to dic',�' a ,a -. ,.s. tF �t xt i� TZ�s r ;.+ 1 k �! ��•.;{� t� s r3 � } ,.r F S 34.Y,rd � ►lea N O.Y..� -aW [(Jed 1.12 IIIS 13 IJKht lndu>triul 1.1 Limited Ilarnlet General NIAf11-11 Park!PlWtned Light DlstriCt Business Business Business Nlarine I A:.:rine 11 Office Park Industrial Minimum requirements for business,office,indus- trial or other nonresidential use', 40,000 80,000 120,000 40,000 Lot size(square feet) B 75 60 15 20,000 30,000 150 150 150 200' 100 Lot width(feet) 250 100 150 150 150 300 150 Lot depth(feet) 50 35 75 50 25 30 Front yard(feet) 60 15 50 35 25 20 20 50 45 25 50 Side yard(feet) 20 10 45 60 40 Both side ydrds(feet) 75 25 35 25 25 75 70 Rear yard(feet) 35 25 20 35 25 Landscape area(percent) 35 25 Maximum permitted dimensions 30 30 20 30 Lot coverage(percent) 20 40 30 35 35 35 ` 35 35 35 Building height(feet) - 2Y� 2 2 2 2 2 2 Number of stories NOTES: appropriate i F For minimum requirements for residetitial uses,refer first to Density and Minimum Lot Site Schedule for Nonresidential Districts and then to qualify indicated column in the Bulk Schedule for Residential Uses.In the Marine I and Marine II Districts,only land above mean high water shall qualify for area calculations. 2-25-89 i I I z . cat c:n or a ccrtIYlc4tc 0f r.t I o * ,,� C § 100-13 ZONING § 100-13 (2) The location of all existing and proposed buildings, drives,parking spaces,-waikways,-means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices. (3) Any other information that may be reasonably required in order to make an informed determination pursuant to this chapter for the review and approval of site plans by the Planning Board. SPECIAL EXCEPTION USE —A use that is deemed appro- priate in a particular district if specified conditions are met. STORY —That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the ._. building comprised between the level of the highest finished floor and the top of the roof beams. STORY,HALF —Any space,with a minimum clear height of five(5)feet, partially within the roof framing where the clear f ti height of not more than fifty percent (50%) of such space between the top of the floor beams and the structural ceiling_ level is seven (7) feet six (6) inches or more. STREET —A street,improved to the satisfaction of the Plan- ning Board, which is one (1) of the following (1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final plat. (3) A street shown on a map filed with the County Clerk(in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions.2 (4) A street shown on the Town Official Map. STREET LINE —The dividing line between a lot and a street. STRUCTURAL ALTERATION — Any change in the sup- porting members of a building, such as beams, columns, girders,,footings, foundations or bearing walls. _ 2 Editor's Note: See also Cb.A106,Subdivision of Land. 10031 2-25-89 s z t Cl t- O rt l VY1 ct' 1^ w,(2 S � -�+� hSa. 7� -.J:,L.,• .. .. r J.°, - '. - �, I w ci ��iS t r 7".� t} CX 5� �7 Oro C-J t r. wV ID d s2l ► � •., . � t 11 Cl t�'`Out c. 'v�-•� _ ._ —A CL w MAT 33 IL 3f'=<T .. 3 O J Z d H f uv vv� WON eon - r - t C cti�S p L C Lr) ' . .z�3" r h. . p. . y'�' 4-, I 'xf Rh.$ i . 'y, �"'3 :nI.]-., ....,V:..—4-I,.��..- �.,a-,,.,..�.-I-.-.�.4'-"+:, �<.v-�' HAY-... :1-- __ '-- ..___._—_ --.-_•-- ,, S-.-�, �......7..;;;;;-i,�,4,,-����-��1I.�K--.,��A�"-'�....'�—,,,-�`-I P-.N,l,-,......,Lz , �, -,I*.,I--:,-;1:,..%�,-:,!:"-..—,I.0,,,-'"�,.p,.)—.'-�,a.—,-...'��'..,:'L,/,.l.�.-:,,;.l.-.%,',�,...,- .�., 4.: .. �'I _ . , .., -- - �' a I� , -- ► - 1© Z �., 1. . , a J �{ y 7. ,' (j 1T"�`5 ----__..--. _...._-_ ._- ��. �C 1 -2"p'� ; 1. JJ�' -- 2 . 5 ,t-] F 4V , J`� ,{ jr yE �:' } wxtJw �T z _ s 1.: I -o-: :J �,f.�.-q-.�,--�1.",.,.,.;"-,-I.��'.l-a l,.�,.,--7—.--,�,�,-I,�C,-..`.-.�— .—-,�—��-...-..--,-,.,..—.-�.t�- ,1 3 ,l a+ Y _ s1 J�! �...'.-�-V �-'� 1' .-- — -- - -. .__._ An /1 5'� a g y13 �/ SIC I c: ., ^ �` --,..--—:—---,�--4,- g r L t_{ k 1 1 n , A l{ --- - A —'-- _''t - � i h (a .-�'.[�.-;.-1,--,%-,.!I"-�"�i11:1--If,.*��.,.!'�..--I��m.:1��I..­6-�,.--,-I,"i-.:�-1:r'1..-,,-.�,�'—.�,.�.,d....,�.':-',.I.,-..�,...r.-�.,I,;-.',.I.t.-�-".-.—A,�-;"-";.-�-!�,-I.I.'..:'.,..,;,'.1�:.,'.,..,I-�.,-'I.'�.4+I�.d 1.,...---,..,���.-c,f.,,.:,1,,.:�.,.:.��.".'.-�.��l,,:.:-."�-,.��6;,--I".-�-��,,�,-.-,,e�,-:,�,.�.,",".,,-.,'-:"-'�,..1.,.�L;.--�.I�,.. s 4 a r 3 k' _,_.-._— ' _. j .. „pj-�I e :,x Sul': .SCtq - -__. .�. _1._-�_._� _V a uC. , _-_-_.- _ -_ ___ _.. "Y S''i, p _ t- -• ---' - - -- - Lei': t > ,��j 1'( 'fir Js'I sl 5f - - --, - --�- ------ --- l, f^ t�, �la*5 lr sr JW, J q Jt f J — . :_ - it Y., z AN,, ,l f l ( , '- -.- - _ r °Ih.f, ii r�yy s' . — t , t�/..!i a L 4,F t. --. 1 !r ,� .> > 1 r_5, a'1 rr, Y•im^--+v`.�" jyeoa t _ _ j.' _ r'x ' .radar f�-y f+t,lF� ,}t•°4 _ r.(. {il,,`°s A' ° t _1„*.n!: �t�d iM� r_ V j V.,�. f .�- j, x CV 1 yam!° r': r , I; I1 tt 4 P (F;r A { I. ).. 1 y }P ; . j '{r l _ i' .. .. __.. _...- - - S C�5 .. .. - Il 5 r }f9: - -: 1�, , - - t ..1': ,:. .. _ .. .,. .. _ - _ — _._..___. -. __ _ _ _ _... _ _..J -tom... - I i - - ..r , _ _ ___ ,. - +'e: - . t .. _ -_ _ — ` � - -- _ 5 v __— _ Not `� . ■ ♦ I/III � MATTITUCK all 40 ilk ,/ , - � • _. .. goal lip 0-OWN � � air: " �� ���11►L �1 r t_ 1 e►. - L ILIon ■!tee� •;`� it 0 mo "=r �i met ■■� �'...� . • ■■ram - ��►�� • f.�.�.�.�.�.�.�.�e�.�.s.�.�.se�e�.s.o.ase®eo.ss®es.e�ww.es.�s®.�.�e®sa�.r�.c+.c�•6 TOWN CLERK TOWN OF SOUI'HOLD - Suffolk County, New York 516 - 765-1801 35152 " ou hold, N. Y. 11971 =� logo ' cvly ED OF i For. Juc 1 j Judith T. Terr wn Jerk i cash /mil J By: �;_ w Check e�ee9ee®e�ee�e�.�Te�Ct.aPe.�,TeA�.Cs.case®. A.-i BOARD OF APPEALS TOWN OF SOUTHOLD . In the Matter or the Petition of Village Marine NOTICE t_o the Board of Appeals of the Town of Southold TO ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of.Appeals of the Town of Southold to request a (Variance) (� ecr)I�i7fcl� �C �GIx �Cx��,r�� [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows. East Side of Bay Avenue in the Hamlet_ of Mattituck Town of Southold . _Suffolk County Tax Map ID No 1000- 122-003- 15 1 3. That the property which is the-subject of.such Petition is located in the following zoning district: M- I Marine Zone District ' 4 That by such Petition, the undersigned will request the following relief: variances as to setbacks from,:. (a ) rear yard , (b ) bulkhead — (c ) frontyard , (d ) side yards , as are applicable. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article X I Section 1 0 0- 1 12 and r t i o n 10 0- -1 4 [ ) Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7E;5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated March. 21 , 1990 . Charles R Cuddy as Attorney - for Petitioner Village Marine Owners ' Names • Post Office Address P—D. Box 1547 180 Old Country Road Riverhead , NY 11901 - Tel No. (516 ) 369-8200 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS ( Please see attached list of names and addresses , together -- with postmarked certified mail receipts attached therett . ) STATE OFfNEW YORK ) ss.: COUNTY OF SUFFOLK ) Linda F. Kowalski residing at 930 Ole Jule Lane , - Mattituck , NY 11952 , being duly sworn, deposes and says that on the 22itt day of March 119 90 , deponent mailed a true copy.of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses 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 Of- fice ax' (seeattached receipts ) ; that said Notices were mailed to each of said persons by (certified) (ftMdQxd9 mail. Linda F. Ko alski Sworn to before me this 21>ru� - day of Marsh , 19 gn Notary Public sip O'; 46 r�r"9 'qsf 8 ( This side does not have to be completed on form transmitted to adjoining property owners . ) LIST OF ADJACENT PROPERTY OWNERS District 1000, Section 122, Block 03: Lot 12: Grace A. Finora 640 Vincent Avenue Bronx, NY 10465 Lot 13: Mr. and Mrs. Joseph J. Finora 640 Vincent Avenue Bronx, NY 10465 Lot 14: Mr. and Mrs. Peter Petrowski 235 East Legion Avenue. Mattituck, NY 11952 Lot 10: Staller and Kasper Hodor 1455 Veterans Memorial Highway Hauppauge, NY 11787 Lot 9: Joan W. Yetter Box 655, Main Road Mattituck, NY 11952 Lot 1: Alice W. Boutcher Estate Mattituck, NY 11952 Lot 25: Mr. and Mrs. George F. Schaedel 3810 Ole Jule Lane RR1 - Box 63 Mattituck, NY 11952 D GHARJEs R. GUDD-Y 7 ATTOFLNEY AT LAW 18o OLD Gou=ny RoAD(RTE. 58) z P.O.BOX 1547 PaN E imAD,NY 119o1 ADJACENT TO TELEPHONE 369-8200 MOTOR VEHICLE DEPABTMFNT AREA CODE 516 May 3 , 1990 Board of Appeals Southold Town Hall Main Road Southold, NY 11901 Re: Application of Village Marine Dear Sir or Madam: With reference to the above amended application, please find attached the Notice to Adjacent Property Owners form together with Affidavit of Mailing and postmarked certified mail receipts for filing. Thank you. Very truly yours, C5'-� C-r- Charles R. Cuddy Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Village Marine J NOTICE • TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ( �4�cYaifctfriXi �ilelcr �f)'Cx� r)g ) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: East Side of Bay Avenue in the Hamlet of Mattituck , Town of Southold , New York . County Parcel ID No . 1900= 122-03- 15 . 1 3. That the property which is the subject of such Petition is located in the following zoning district: M- I Marine Zone District 4 That by such Petition, the undersigned will request the following relief: insufficient number of parking spaces and/or landscaping for narking under the current (and/or new,)code regulations . 5. That the provisions of the Southold Town Zoning Code applicable to the relief.sought by the under- signed are Article X I X section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 1 , 1'990 . _ Charles R. Cuddy as Attorney for Village Marine Petitioner uwners ' Names : �, MarQuart $others Post Office Address P. 0 Box 1547 Riverhead , NY 11901 Tel . No . ( 516 ) 369-8200 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS ( Please see attached list of adjacent property owners and their property locations on the Suffolk County Tax Map . ) N 4 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: ELLEN CLARK residing at Yaphank , New York being duly sworn, deposes and says that on the 4th day of May 019 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses 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 Of- fice at ; that said Notices were mailed to each of said persons by (certified) (regixtorxcl) mail. ELLEN CLARK Sworn to before me this 4th _ day of May 1, 19 90 '�w1lbelt Notary Public in>WlIb11c Cot�misNon f•xplr�e thou.80.19�� ( This side does not have to be completed on form transmitted to adjoining property owners . ) 1 LIST OF ADJACENT PROPERTY OWNERS Matter of the Z .B.A. Application of Village Marine : Lot 12: Mrs. Grace A. Finora 640 Vincent Avenue Bronx, NY 10465 Lot 13: Mr. and Mrs. Joseph J. Finora 640 Vincent Avenue Bronx, NY 10465 Lot 14: Mr. and Mrs. Peter Petrowski 235 East Legion Avenue Mattituck, NY 11952 Lot 10: Staller and Kasper Hodor 1455 Veterans Memorial Highway Haupauge, NY 11787 Lot 9: Joan W. Yetter Box 655, Main Road Mattituck, NY 11952 Lot 1.2 Alice Pantaleo & ano. P.O. Box 11046 Ocala, FL 32673 Lot 1.4 Alan Cardinale P.O. Box 77 Mattituck, NY 11952 Lot 25: Mr. and Mrs. George F. Schaedel 3810 Ole Jule Lane RR#1 - Box 63 Mattituck, NY 11952 r J f. 1 TOWN OF SOUTHOLD ZONING BOARD OF- .APPEALS Ut 2 COUNTY OF SUFFOLK : •STATE OF NEW YORR ------------------------------------X 3 TOWN OF SOUTHOLD . __._• _. : ) WE (f7l m o M I a f ZONING BOARD OF APPEALS HEARING 5NOV I 1 4 I990 6 .:f Town Hall 7 53095 Main Road P.O. Box 1179 s Southold, New York 11971 9 November 1, 1990 7:30 P.M. 10 11 BE'rORE - : 12 13 GERARD P. GOEHRINGER, Chairman. 14 15 BOARD MEMBERS: 16 -CHARLES GRIGONIS, JR17 } SERGE DOYEN JR. f 18 JOSEPH H. SAWICKI - Absent 19 JAMES DINIZ.IO, JR. 20 .21 ALSO .PRESENT: . . LINDA KOWALSKI , Board Secretary 23 24 4; 25 1 127 KA 2 late, but my only -- and I will reserve my 3 comments till the next or to submit them to a the Board in advance. 5 My only concern is that there may be 6 some participants- here tonight who might 7 like to make a few comments and they may not 8 be available at the next hearing. I don't 9 know if there are any. 10 THE CHAIRMAN: Is there anyone here 11 that may not make the next meeting? 12 Seeing no hands, I make a motion 13 recessing to the next regularly scheduled 14' hearing. We thank everybody for their 15 courtesy. 16 MR. DOYEN: Second. 17 THE CHAIRMAN: All in favor? 18 MR. DOYEN: Aye. 19 MR. GRIGONIS: Aye. 20 MR. DINIZIO: Aye. 21 (Time noted: 10:40 p.m. ) ` 22 (Presiding Chairman, Mr. James 23 Dinizio, in the matter of . Village Marine, 24 said hearing commenced outside the presence 25 of a Court Reporter due to circumstances r' 1 ' 128 2 beyond anyone's control . ) 3 MR. CUDDY: I just indicated that we 4 are here because we are asking for a larger 5 building and also the boat rack. We needed 6 setbacks because the lot is a small lot. 7 The lot is in excess of 20,000 feet. It is 8 a permitted use. We are not asking to 9 expand to a nonconforming use. I think it 10 is important because the opposition in part 11 -- and part of it seems to be coming from 12 the Planning Board. I asked last time that 13 they corresponded with this Board to have 14 the opportunity to reply. They did 15 correspond subsequent to our last hearing. 16 I wrote this Board. I believe my letter is 17 part of t-e Board's file. 18 I today have been made aware of the 19 additional letter from the Planning Board 20 .claiming that effectively the proposed plan 21 with the additional parking violates. five 22 different sections of the code. They are 23 speaking of Section 100-210, 100-212, 100- 24 213, 100-214 and 100-215 -- are sections 25 having to do with landscaping and buffers. 1 129 2 The first section is a purpose 3 clause. It says the purpose is to improve a and beautify, and I think quite frankly that 5 is part of what our application is . 6 Section 212 has to do with 7 landscaping in the front yard. The front 8 yard is 37 feet. It is blacktopped. It has 9 been that way for years. It is next to the 10 Hess gas station. If we put in a grass area 11 it would probably be about 15 feet by 15 12 feet. It would seem to me that that's going 13 to be of no consequence or of no effect 14 whatsoever. 15 So the other section talks about 16 transitional buffer requirements. It has to 17 do with when there is a lot in a residential 18 district that backs onto our lot. We are in 19 a situation where there is a right of way. 20 That situation doesn't apply to us. 21 214 is a parking area requirement. 22 It has to do with landscaping and paved 23 parking. We don't have paved parking in the 24 rear or the side of our building. It 25 doesn't apply to us. - 130 -� 2 215 has to do with shoreline erosion. 3 It has to do with vegetation and plantings. a We have a bulkhead which was simply designed 5 to save erosion. Virtually none of the 6 things --- and I 'm sort of disappointed the 7 Planning Board would go to the length it did 8 -- and yet this letter is not germane to the 9 application. They talk in this letter about 10 the proposed boat rack that is located in 11 the transitional buffer area. That is not 12 true. I have with me tonight, Mr. 13 Glueckert, the architect, who is going to 14 addr.ess , some of the questions about parking. 15 I have Mr. Young, who would like to 16 reiterate his concern about the boat rack, 17 to explain to you why it is needed. 18 I would point out simply to this -- 19 Board that I am surprised at the opposition. 20 The opposition is simply saying we should 21 not have a marina. That is not really the 22 function of what we are here before as I 23 understand the Zoning Board of Appeals. It 24 is a legislative body. It is a quasi- 25 judicial body. No one here is saying do I 1 131 2 like this or don' t I like this. . At least, 'I 3 hope they are not because I don't think 4 that's what this is all about. 5 What this is about is my cl-ients 6 attempting to take a situation, which is not 7 necessarily onerous, but certainly would be 8 improved upon. He has a building that 9 requires attention. It also requires 10 additional size because he doesn't have 11 additional size. He can't take the boats 12 out of his yard. If he takes the boats out 13 of the yard and puts them in the building, 14 he can then get parking improved and take 15 the cars off the street. I only see this as '16 a plus. I cannot see this as a minus in any 17- s ens e. 18 If we are defeated in this applica- 19 tion -- to be permitted to use the property 20 just as it is -- and I don't see that that 21 is going to benefit the Town. I would very 22 much hope the Board considers the fact this 23 is an improvement. It is not a detriment. 24 I would ask Mr. Glueckert to. address 25 the parking questions to the Board. 132 2 MR. GLUECKERT: Bruce Glueckert, of 3 Glueckert and Wieber, Architects. 4 I would like to just point out one of 5 the paragraphs in the Planning Board's. 6 letter, which indicates certain stall 7 parking. The stalls do not have a 22-foot 8 aisle behind them. There are three spaces, 9 or four spaces, that have a 20-foot backup. 10 I would like to point out that this is a 11 small site, odd-shaped site, and difficult 12 to work parking in at all . I managed to put 13 29 stalls on. 14 However, if we look at this, this is 15 not a typical retail operation where there 16 is constant traffic flow on the site. The 17 cars wilCbe parked there for the day, most 18 of the day, and will not be moved and 19 generally the people who will be visiting 20 the site will have been to the site before 21 and will continue to visit the site and will 22 know the parking layout. Thank you. 23 THE CHAIRMAN: Anybody else? 24 MR. CUDDY: I would also ask David 25 Young, who is the operator of the business. 133 2 MR. YOUNG: My name is David Young. 3 I operate Village Marine. I would just like a to reiterate what Mr. Cuddy said, that this 5 is definitely not an expansion. We are only 6 trying to take down a ramshackle building 7 and improve the appearance of the yard and 8 the Village Marine itself, and give us more 9 room to park in and make it a more 10 attractive marina. 11 THE CHAIRMAN: Can I ask you one 12 thing? The building itself, is that going 13 to be used for storage or boats -- mostly 14 repair? 15 MR. YOUNG: Just repair. 16 THE CHAIRMAN: You are not going to 17 have racks in there? 18 MR. YOUNG: No. No -- building is -- 19 just going to be mainly to get us inside. 20 For instance, this evening we had a boat 21 , that a sign painter was coming in to letter 22 and it wouldn't fit into the existing 23 building and the guy came down there. There 24 was dew on the outside of the boat and he 25 couldn't letter it. 134 2 It's just -- we go through added 3 expenses. It is very restrictive to do 4 business in the way the operation is set up 5 now. It is not 1950 anymore, as far as 6 marinas and in order to make ends meet you 7 have to do a little bit more. We are trying 8 to streamline it and make it look better. 9 THE CHAIRMAN: More is not 10 necessarily more boats in the water. 11 MR. YOUNG: Not at all . We don' t 12 plan on expanding the marina or putting more 13 boats in the water. We are only doing it to 14 neaten the yard up. The rack would be in 15 order to clear along the bulkhead side so we 16 can have parking for our customers along the 17 bulkhead,' 'and the building is so that we can 18 work inside in the wintertime. 19 THE CHAIRMAN: Thank you. 20 Is there anybody else? 21 MS. MARRINER: Jeanne Marriner. I 22 also am co-chairman of the Peconic Bay 23 Association. Task Force. I am putting some 24 additional comments because I have had a 25 chance to review the record. I do not see 1 135 2 the changes. , So this won't apply to the 3 changes that are not in the record. a As the Southold Town� Planning Board 5 has stated for the record, the Bay Avenue g Village Marine property is already 7 overdeveloped and parking requirements 8 cannot be met. with off-site parking because 9 - this is always subject to change. Not only 10 is the property overdeveloped, but the lot 11 itself is also nonconforming because it does 12 not meet the requirements of the district in 13 which it is located. Furthermore, because 14 it is located in the Peconic Estuary 15 Critical Environmental Area, it is a Type I 16 action and requires a long form 17 environmental assessment to filled out by 18 the .applicant, which has not been completed. 19 To grant further variances, clearly 20 runs counter to the expressed purpose of the 21 Zoning Code of the Town of Southold as 22 stated in.Section 100-240 Nonconforming 23 Uses and Buildings. The purpose of said 24 article and section is to "reduce or . 25 minimize impacts of uses and buildings which 136 2 do not conform to the use or bulk 3 requirement as set forth in this chapter. " 4 (Article XXIV) 5 Furthermore, Section 100-242 Non- 6 conforming Buildings With Conforming Uses, 7 does not provide for the demolition of a 8 building. It also prohibits the creation of 9 new nonconformance through remodeling and 10 reconstruction. The applicant seeks to add 11 a storage rack which would accommodate 30 12 additional boats and further add to the lot r 13 coverage. Plus the parking requirements for L� 14 the additional boats alone, would, if 15 adhered to, cover one-half of the entire 16 property. The storage rack is considered a 1 I 1 S 17 structure. 18 In addition, it appears that, the 20 19 percent landscaping requirement required has 20 been completely ignored, thus adding further 21 to the nonconformity. And the landscaping 22 is for mitigating purpose, .to control runoff 23 into the tributary of the estuary -- -, 24 regardless of whether there is a bulkhead or 25 not. A proper site plan should have 137 2 provided for approximately 4,000 square feet 3 of landscaping. 4 The proof required for an area 5 variance, to be provided by the applicant, 6 is that: 7 1) There will be no substantial 8 change in the .character of the neighborhood; 9 2) the degree of the variance will 10 bring minimal change to the property; 11 3) the difficulty cannot be obviated 12 by other methods such as off-site location; 13 4) justice will be served by 14 granting the variance. 15 The practical difficulties might be 16 obviated by the applicant moving repair work 17 to an office location such as the one 18 currently available next to the landfill , 19 which, as I understand it, was built to 20 assist local businesses with nonconforming 21 problems. 22 I believe the Board of Appeals has, 23 heard many complaints about the traffic and 24 safety problems at the corner of Bay Avenue 25 and Main Road. This is fact. There was an 1 1 138 2 accident there just this Sunday. There is 3 someone in the hospital right now. 4 Therefore, it is neither serving justice nor 5 is it in the interest of the safety and 6 welfare of the community to allow further 7 expansion which will bring increased traffic 8 hazards. g Under Section 100-271 of the Code -- 10 Powers and Duties of the Board of Appeals, 11 it states that the Board of Appeals must 12 consider the effect on the community and 13 must bear in mind that the burden of proof 14 that there is no threat to safety rests on .15 the applicant, who must produce concrete 16 evidence to counter the negative impact. 17 It 'would appear that the only 18 practical difficulties that exist are those - 19 self-created by the applicant who wants to 20 further expand development on an .already 21 overdeveloped, over-varianced property. The 22 New York State Enabling Act for Town Zoning 23 states: "The granting of variances is -to be 24 sparingly exercised. " If the ZBA does not 25 exercise its powers sparingly, the Board 139 2 leaves itself and the Town open to 3 litigation. a Thank you. I would like to give you 5 each a copy of the booklet produced by the 6 . Peconic Bay Task Force, which might help you 7 in understanding what more development on s the waterfront that is not property 9 mitigated, how it can effect the estuary. 10 (Ms. Marriner handing above-mentioned 11 document to the Board. ) 12 MR. FLYNN: F. M. Flynn, resident of 13 the Town. I have several objections to this 14 application but due to the lateness of the 15 hour and in the interest of conserving 16 funds, if you will accept my objections in 17 writing', I will be glad to submit them in 18 that fashion. I would like to make one 19 comment, however. This property is a non- 20 conforming property by definition of Section 21 100-13 of the Town Code.' It has to be 22 considered in the context of a nonconforming 23 property. 24 Now may I submit my objections in 25 writing subsequent to this evening? �l 140 J 2 THE CHAIRMAN: Certainly. 3 MS. JOHNSON: My name is Sherry 4 Johnson and I am currently serving as the 5 Program Coordinator for the North Fork 6 Environmental Council . I would like to take 7 this opportunity to reiterate the NFEC's 8 position on this matter, which was stated at 9 a previous hearing held on September 26th. 10 The NFEC is opposed to the granting 11 of the variances requested by Village 12 Marine. The site is already in 7' 13 nonconformance with the M-I District in 14 respect to lot size and width. A lot of at 15 least 40,000 square feet that includes a 16 width of 150 feet is required. The 17 applicant is asking now for further relief 18 from parking and landscaping requirements t 19 and for increased lot coverage. The 20 proposed structures will bring the , 21 percentage of lot coverage up to 20.8 22 percent of the site. The coverage allowed 23 under the Bulk Schedule is 30 percent, based 24 on a 40,000 square foot lot, which this is 25 not. In fact, the Zoning Code itself states 1 141 2 that "no building shall be used and no 3 building or part thereof shall be erected or 4 altered in the M-I District unless the same 5 conforms to the Bulk Schedule". 6 Instead of adding further to the 7 traffic and congestion at this location and 8 to the further degradation of James Creek, 9 the NFEC asks you to deny this application. 10 THE CHAIRMAN: Thank you. You will 11 furnish us with copies of that? 12 MS. JOHNSON: Yes. 13 THE CHAIRMAN: Anybody else wish to 14 make any comments? 15 MR. CUDDY: I have several comments . 16 First is if Mr. Flynn is going to have the 17 privilege of putting something in writing 18 after the hearing, I would like to respond. 19 I assume he can do that within a reasonable 20 amount of time. 21 THE CHAIRMAN: I would like to have 22 it before the next scheduled meeting, which 23 would be the 15th. That is, any written 24 comments. 25 (Inaudible) 1 -_-- 142 .J 2 THE CHAIRMAN: The loth, is that 3 okay, Mr. Flynn? 4 MR. FLYNN: I will be glad to submit 5 them in writing within the next week. g THE CHAIRMAN: Is that agreeable to 7 you? The 15th will be final comments. g Final comments would have to be in by the 9 15th, by you or anyone else. Would that be 10 okay? 11 MR. CUDDY: Yes. The other point I 12 would like to make, without belaboring, is 13 the reason that we are here is because the 14 lot is smaller than we would like it to be. 15 One -of the practical difficulties is that we 16 have a unique situation in that we have a 17 lot thatlhas been for more than 35 years 18 that. size and it is a permitted use. The 19 legislative body of this Town has said, you 20 can have a marina at that site, and we are 21 . here because we are trying to do something 22 we think is improving that marina. That is 23 precisely the reason the application was 24 made. Everybody is telling us something 25 that I think is self-evident, that the lot 1 143 2 is small and doesn't conform. I believe we 3 meet the criteria that is listed. 4 (Inaudible) 5 I think it is similar in this 6 application 'to the Port of Egypt 7 application. 8 (Inaudible) 9 THE CHAIRMAN: If you made an 10 application to this Board, how many boats 11 could you store on that property right now? 12 What would your limit be? Would you have a 13 limit as to how many boats could be parked 14 on that property? 15 MR. CUDDY: There is physically -- 16 there is a limit to the size of the lot. 17 Mr. Young probably would say to you that he 18 stores "V number of boats there. I would 19 say that certainly perhaps he can store more 20 than 30 boats there. 21 MR. YOUNG: When we bought the place, 22 before we bought it the Markowitz .(phonetic 23 spelling) had boats all the way to the. fence 24 where you couldn't drive into the driveway. Cl 25 What we did when we went through there was ' 144 2 -- one of the first things we did was rent 3 an external piece of property in order to 4 store boats so we could alleviate the boats 5 out in the yard. This has been our 6 direction all the way along. 7 MR. 'CUDDY: He doesn' t store boats. 8 What he does is he has boats that they 9 repair. In other words, there is no storage 10 that takes place. And I think he testified 11 last time, he takes the storage boats off 12 the site. 13 THE CHAIRMAN: What I was getting at 14 is if no application was made, he would have 15 every right to store boats on that piece of 16 property. That's all I have. . 17 ICI don't hear anything more, I 18 would like to close the hearing. I make a 19 motion to close the hearing. 20 MR. GRIGONIS: Second. J 21 THE CHAIRMAN: All in favor? 22 MR. DOYEN: Aye. 23 MR. GRIGONIS: Aye. 24 (Time noted: 11:00 p.m. ) I�..1 25 1 INDEX 145 '�. .� 2 3 APPEAL PAGE NUMBER APPLICANT NUMBER 4 3969 ANDREW BURKARD 2 5 3974 DONALD L. OSANI (for GEORGE 6 BRUDERMANN, JR. ) 5 7 3980 VIRGINIA OLGA LEE 8 8 3978 DONALD and DOROTHY SWAHN 10 9 3971 VALERIE M. KRAMER 14 10 3976 THOMAS and MARIAN SANTACROCE 19 11 3972 PETROL STATION LTD. 22 12 3977 BETTY J. COPIN 31 13 3979 THOMAS J. GORMAN 42 14 3968 IRENE R. MILLER 44 15 3975 ARTHUR G. CARLSON 54 16 3788 SUN REFINING and MARKETING 87 17 3955 DOMfNICK SBLENDIDO and A. AURICCHIO 105 18 3938 VILLAGE MARINE 128 19 20 21 22 23 24 25 1 145A 3 4 - C E R T I F I C A T I O N 5 6 7 I, GAIL ROSCHEN, do hereby certify that 8 I am an Official Court Reporter and that the 9 foregoing constitutes a true and correct 10 transcript of the Town of Southold Zoning 11 Board of Appeals hearing of November 1, 1990, 12 according to my stenographic notes. 13 - GAIL ROSCHEN 14 Official Court Reporter 15 16 17 18 20 21 22' 23 24 a .25 - R-.. r s -•- n c • _-_ _ .... s .- -; `.r. •M14n . r- _ .. v"e:•a.r ..+.+...'. _.r ... �/' '- `` .z. - -_. -:IA",: • .'+.'- . I _ .-... IfA �� � ! � � �,,�% ,.,,r � .. � A�Z.I/A�--1 ♦�1 �� ;`_ 2 3���t:�" S.�"r.' — r��-F AGt?�� : LUCK A, MILL eg_ c�y� � Z©rl>� - F.�U� >� � ,,; ;�; Af22i�� C7�• ��C\�lt�� �L•'1'=�i. 1 �'v2 �,� , MA��tN - �'C> p �o IFx I QG Zot�It M I TAV .j�1 3 ..'DC�►� Cl _A�3� 1C:A"T1Qt� 2 b r, 1481664 Y.C. 160 CA\L(��L $6 ,�, 12 K 2 2'-�- A-t"' ,� I �--r ,2 L4 _ o �, • , s Key �ALL�� *_• -, ,�,� �,\ -�p•� 51 yr Lf v ­- 5 8(0�0!0`3 t iY s. �' 18.07t Y I s 15'WOE ' S 79°5y 23�.-, J-•----'. 8/ of it ® f m ± ---'— �� LING Ds o►�c* \vc� O Al � 1 VC t �N 4s \• 9 le i JAMS 0. ��., �, �f�' ,� �? -r>zu� �1or.-t-� � 1 - __. � ����� `p \ , ��✓,,�(!•,.�, is <2 ; -- Mil. � i�t125. ;�o���'�-! J. ���.lc�?� - � ;•-` I � ' erm ►tivFor?'Ma.-�to�,L \v Ll�is UA-t'�10 PAT cC,A 1 I01`7U 23� f✓AGJ`Z" L�Gi o� ,�v�. . Ir , - i 1- i F 't MAA sT,: 0�'?AWK.;,�1�! BORING No. 1 BODING 'NO. z o\\/rj ; DATE: 9/28/89 ;SURFACE ELEVATION: DATE: 9/28/09 SURFACE ELEVATION DEPTH SPOON MPLf CASING FEET BLOWS o. SAMPLE DESCRIPTION BLOWS FEETN ALO S a SAunk DESCRIPTION SLOWS . . 4 C C 5 , w 5 6 N/L 4'1' W1, 5'2' 7 D VIA -10 �IAt�It1G 10 e 5 7 y 5 6 MAt"'�"��UGK. 10 8 - �.�.� lGY2_�- /22- �` 2,>zEV15t0�! '7 I6 -qo DATE w ���1 i I� I`�,-.f �•�`'�+. - 9 LEGEND: . LEGEND: A - BLUESTONE AND CRUSHED STONE BASE A - BLUSSTONE AND CR41513aD STONE BASE CHECKE R r I B - MEDIUM TO !PINE BROWN AND DARK BROWN B _ 'MF.DIU`t _•O PINE INE BROW SAND DARK BROWN SAND, � ,fRED AIP? � G L U E C K ERT AND W 1 E B E R SAND. TRACE SILT, TRACE GRAVEL, TRACE GRAVEL, TRACE SILT, •TRACE WOOD SMALL TRACE WOOD (PROBABLE PILL) (PROBABLE PILL! „ ' Q��\ tr LUF �� I ARCHITECTS r DRAWN _ v 3OO WHEELEIa ROAD SUITE 303 � i C - COARSE TO !PINE BROWN SAND AND to MEDIUM TO PINE GRAVEL, SMALL TRACE TRACH SMALL TOPINE GRAVEL SORE SILT, HAUPPAUIGE NEW YORK . 11788 SCALE , SILT ' D — HED!UMt TO FINE BROW SAND; TRACE SILT, * * s 518.234.4897 t� D - COARSE TO :PINE BROWN SAND LAND MEDIUM TRACE SHALL TO PINE GRAVEL rn TO PINE GRAVEL c.,) E - FINE BROWN SAND, SOMA SILT tO E - COARSE TO PINE LIGHT BROWN SAND, TRACE PROJECT c� MEDIUM TO PINE GRAVEL F — !TEDIUM TO FINE BROWN SAND, TRACE PINE + GRAVEL ., �?f OF NEw�O :NO. D WG awls �C. ��. Bennett Orlowski , Jr. , Chairman Southold Town Planning Board Main Road Southold, New 'York 11971 RE: Bhp' Review SC`1l Dear Mr. Orlowski, Jr. , It is estimated that the Cost of reviewing the above-noted application as per your letter of 10 1991 sh.ou1d not exceed $ SO.6 . 00 No work in excess of that amount- will be undertaken by this office unless so authorized by the Planning Board in waiting. Please notify this office in writing if you wish us to undertake the review. eamt �r, t OurS, s Voorhis & �sSc4iat�� r ',V APPEALS BOARD MEMBERS SCOTT L.HARRIS Supervisor Gerard P.Goehrin er Chairman S Charles Grigonis,Jr. } Town Hall,53095 Main Road Serge Doyen,Jr. � {. g Y ,,� ;+• +r, P.O.Box 1179 James Dinizio,Jr. ;y Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD October 16, 1991 Ms. Karen Munze, Sr. Env. Analyst N.Y.S. Department of Environmental Conservation Building 40 - SUNY Stony Brook, NY 11790-2356 Re: Your Communications of October 10, 1991 NYSDEC Permit #1-4738-00341/00001-0 (Village Marine) Dear Ms. Munze: We are in receipt of your October 10, 1991 communications in the above matter, and pursuant to our telephone conversation today, we would like to clear any misunderstanding or misinformation that may have been reflected in any of the permit files concerning a SEQRA declaration made by the Board of Appeals in the above matter. The Board of Appeals has declared the setback variance application to be a "Type II" action {similar to exempt actions relative to setbacks, which is the same rule applicable to the Suffolk County Critical Environmental Area, Section 4( 2) thereof) , although the Town Trustees and NYS- DEC were not Type II actions, having previously determined Negative Declarations under SEQRA in 1988-89 and notice in the Environmental Bulletin. (It was later, in April 1990, that a setback variance with the Board of Appeals was applied for and later processed. ) In any event, our department is not an involved agency ,at this time but wish to be included as an interested agency. ' For your file and information, we are enclosing the following: a) copy of our Type II Declaration adopted by the Board of Appeals; b) copy of Town Trustees approval (and recent -extension) ; c) copy of communications concerning the bulkhead proposed during 1986 from the NYS Department of State; d) copy of the Environmental Bulletin publication ( 1989) concerning a DEC Permit pending under #10-88-1869. e) copy of Section 37-7(A) of the Suffolk County Charter (CEA) effectuated in March 1989. Thank you for your courtesies. Very truly yours, Linda Kowalski Enclosures cc: Southold Town Trustees Southold Town Planning Board New York State D-Iepartn t of Envjronmental C:onservatk,,. Building 40—S Y, Stony B look, New Yorlk 11790-2356 (516) 7'51-13E 9it I CT 151991f -Thomas 4. Jorling Commissioner { �ctobie r 10, 1991 i. Land Use Com is y 2576 Sound Ave II ` Baiting Hol 1 qlw N 119�3 Attn : Tanya IL chEmmeye RE: NYSDEC Permit Appl i catilon #1-4738=,00341/00001-0 j i Vi 11 age :Mari-ne Dear Ms. Lact enure, er. ! The department has received a! State Environmental ;Quality Review letter f' l of coordination from the Southold Town PlanningBoard for..the above referenced f action. 'The 'deparitment ;has accepted the Planning Board' as lead agency in the i review. A Noticelof Determinationlof Significance or Acceptance of ajFnal 1 Environmental! Impact Statement must be issued before the department ca!n' issu'e any permits to 'Vi11age Marine. The department is in receipt of a Notice of Negative:.Determination; of 1 Significanceifrom ;the Town of Southold Board of. Appeals; however as it has become evident that a coordinated review was not done, the :department 'bas now agreed to participate in the required coordinated review.:- `(The action is in a . critical environmental area and has been classified a type 'I action, which requires coordination. ) Please call me with any questions. ` k Sincerely, j Karen' Munze ! Senior Environmental Analyst KAM/nw i lil; cc : Village ;Marine j 1 Tow of Sutl�ol d -P anni ng Boa>rd it i j Tow of ;S uthol d. B_ and of Appeals i! ! Fil� ' if I j I APPEALS BOARD MEMBERS o ', r n SCOTT L. HARRIS -� Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. '�� ,,� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS . Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 - May .15 , 1990 . S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3938 Project/Applicants: Village Marine County Tax MAP No. 1000.- 122-3-15 . 1 Location of Project: 175 Bay Ave . , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge marina building and install boat rack .(outside ) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of, the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is : excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me ��SOFFO(,�c TRUSTEES John M.Bredemeyer,III,President o= %Z SUPERVISOR Henry P. Smith,Vice President c SCOTT L. HARRIS Albert J.Krupski,Jr. 5,j, John L.Bednosld,Jr. 'JJQl �a0 Town Hall John B.Tuthill 53095 Main Road P.O.Box 1179 Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD June 11, 1991 Land Use 2576 Sound Avenue Baiting Hollow, N.Y. 11933 RE: Village Marine Permit *10-88-122-3-15.1 Dear Ms. Lachenmeyer: The following actions were taken by the Southold Town Board of Trustees on June 6, 1991: RESOLVED that the Southold Town Board of Trustees approve the request for an extension to permit 41:0-88-122-3-15. 1 to expire on April 28 , 1992. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt 1 f: 4A ,�t I V -• -Etf[L.t Y Y-�� STATE OF NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 12231 GAIL S.SHAFFER SECRETARY OF STATE April 25, 1986 Mr. Charles W. Bowman The Land Use Company P.O. Box 361 Wading River, NY 11792 Re: F-86-054 U.S. Army Corps of Engineers/NY District Permit Application#86-250-L2 Village Marine, Town of Southold Dear Mr. Bowman: The Department of State has completed its evaluation of your Federal Consis- tency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the "following condition: The proposed bulkhead shall be placed above the line of spring high water (SHW) as indicated in the attached letter, dated April 17, 1986, to the Department of State. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits , and approvals required under existing State statutes. A copy of this decision has been sent to the Corps of Engineers with a copy of your April 17, 1986 letter and its attac d site plan. Sin rely, Piz r r .R= Sta f fnrrl Coastal Programs Administrator Enclosures GRS:DEB:dlb cc: Alex Lechich, COE/NY (w/enclosures) Charles Hamilton, NYS DEC/Region I (w/enclosures) Henry P. Smith, Southold Board of Trustees (w/enclosures) HENRY P. SMITH, President JOHN M. BREDEIIEYER, Vice-Pres. E5 TELEPHONE PHILL I P J. GOUBEAUD i`= r' (516) 765-1892 o� �. ...,_ ALBERT KRUPSKI, JR. �. •,�,.A�� - ELLEN M. LARSEN BOARD OF TOWN TRt!ST.EES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 25, 1986 Mr. Glenn E. Just Land Use Company Route 25 A Box 2521 Wading River, New ,York 11792 Dear Mr. Just: The following action was taken by the Board of Trustees at their regular meeting held on April 24 , 1986 regarding the Wetland Application No. 349 on behalf of Village Marine. Moved by Trustee Smith seconded by Trustee Bredemeyer WHEREAS , the Land Use Company on behalf of Village Marine applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 19, 1986 , and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations and . WHEREAS , a Public Hearing was held by the Town- Trustees with respect to said application on April 24 , 1986 at which time all interested persons were given an opportunity to be heard, and WHEREAS , the Board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the Board considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS , the Board has determined that the project as proposed will not affect the health, safety, and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED, that the Land Use Company on behalf_ of Village Marine be and hereby is granted permission to construct approximate, y o im e bulkhead at or abovethe MHW line along the edge of an eroded an , ill from an upland site will be trucked in and p ace behind the bulkhead. Property is located on Bay Avenue, Mattituc . This perms is gran e under the provisions of the Wetland Or finance o t e Town o ou o . . This permit will expire on April 24 , 1987 if work as not commence by same . There are two inspections require and t e Trustees are o be notified upon completion of the work. -a- There is a $5 . 00 Wetland Inspection fee now due and payable. Upon remittance youre permit will be forwarded by mail. Very truly yours, Henry P . Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Trustees HPS : ip dc: Southold Town Building Dept. Commissioner Henry G. Williams, D.E.C. , Albany Charles Hamilton, D.E.C. , Stony Brook Army Corps of Engineers Trustees file 7 qc I- upublic Notice US Army Corps 3)-���i� Of �gineers In replying refer to: New York District 28 Federal Plaza Public Notice No.12545-86-250-L2 New York, N.Y. 10278 Mar 4 1986 Apr 2 1986 ATTN:REGULATORY BRANCH Published. Expires: To Whom It May Concern: This District has received' an application for a Department of the Army permit pursuant to A7 Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); /7 Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANT: Village Marine Bay Avenue Mattituck, New York 11952 ACTIVITY. Bulkhead construction and back fill WATERWAY: James Creek, Great Peconic Bay LOCATION: Mattituck, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in• your review. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources . The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All- factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics , aesthetics , general environmental concerns , wetlands , cultural values , fish and wildlife values , flood hazards, flood plain values, land use , navigation , shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST -BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in writing to the district engineer , before this public notic... expires , that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and. bears the same weight as that furnished at a public hearing. NAVY FL-129 May 83 Regulatory Branch Public Notice No.12545-86-250-L2 Pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places , there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended ( 16 U.S.C. 1456(c)) , for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this psblic notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant 's certification and accompanying information is available from, and any. comments on, should be addressed to the New York State Department of State , Division of Local Government and Community Services , Coastal Management Program, 162 Washington Avenue, Albany, New Ilork 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorizations for the activity under consideration: New York State Department of Environmental Conservation Tidal Wetlands Permit Town of Southold Wetlands Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not - receive a copy of this notice. If you have any questions concerning this application, you may contact this office at t 'eph-)ne (212) 264 3913 and ask for Mr. Alex Lechich. 2 Incls: F.H. Griffis 1. Description of Work Colonel, Corps of Engineers 2. Drawing(s) District Engineer. 2 NANY FL-129-1 May 83 PAGE 3 ENB- COMPLETED APPLICATIONS PROJECT DESCRIPTIONS REGION 1 includes: Nassau &Suffolk Counties. For information regarding any application notice in Region 1, contact the following: REGION 1 DEC Bldg.40, SUNY Campus, Stony Brook, NY 11794 (516)751.7900 REGION 1S Suffolk County Health Dept., County Center, Riverhead, NY 11901 (516)548.3319 s~- Ext. 568 REGION 1N Nassau Co. Health Dept.,240 Old Country Rd., Mineola, NY 11501 (516)535.3313 Last Filing Date Office SEOR NASSAU COUNTY 80 Waterfront Ltd. The applicant proposes to dredge a 220 ft. by 365 ft. marine facility 6/16/89 1 313 4042 Austin Blvd. to a depth of five feet at mean low water using a barge with crane Island Park, NY 11558 and clamshell;5,000 cu.yds. of spoil will be removed by barge and disposed of in an upland area. Sediment analysis should be done before dredging takes place.The project is located on the southwest corner of Waterfront Blvd. and Beach Ave., Island Park, Town of Hempstead,Nassau County. NCTM 43-19-263&264.SHPA-2 Permit: Tidal Wetlands, Water Quality, and Protection of Waters UPA-10-89-0437 CONTACT: Susan Ackerman Majestic Marina The applicant proposes to construct above mean high water, 80 ft. 6/16/89 1 3B 217 Woodcleff Ave. of navy bulkhead and backfill with 25 cu.yds.clean upland fill.There Freeport, NY 11520 is no dredging associated with this project.The project is located on Woodcleft Bay,Woodcleft Ave.,Freeport,Town of Hempstead,Nassau County.Permit:Tidal Wetlands,Protection of Waters and Water Quality UPA-10-89-0484 CONTACT: Marilyn E. Peterson SUFFOLK COUNTY W. G. Rafferty The applicant proposes the renovation of an .. existing 795 Prospect Ae, garage/apartment,and the construction of a 400 sq. ft. addition on W. Hartford, CT 06105 sono tube piers.No excavation will be done except f6r piers and septic system. The addition will be 65 feet from Freshwater Wetlands, and the septic system will be approximately 100 feet from the wetland.The project is located on Fishers Island - Middle Farms Pond, Town of i Southold, Suffolk County. SCTM 1000-003-7-5. SHPA-2 Permit: Freshwater Wetlands UPA-10-89-0558 CONTACT:Susan Ackerman Peter G. Peterson _ The applicant proposes the construction of a timber retaining wall and 6/16189 1 313 231 Park Ave. stairway in order to redesign lawn area and driveway. All New York, NY 10017 improvements will occur in areas of existing lawn or existing driveway. All driveway and parking areas will be constructed of permeable materials. No naturally vegetated areas will be disturbed during _ construction.The project is located on Fowler Street,Phillips Pond,Town of Southampton,Suffolk County.SCTM 904-30-1-60.002 SHPA-2 Permit: Freshwater Wetlands UPA-10-89-0647 CONTACT:Susan Ackerman Village Marina by Land The applicant has revised plans previously noticed on 1/26/89. The Use Company applicant now proposes to remove existing 26 ft. by 36 ft. metal 2576 Sound Avenue building and construct a 40 ft. by 60 ft. boat repair and storage Baiting Hollow,NY 11933 building and an 8 ft.by 40 ft.equipment storage building at the Village Marine located at 175 Bay Avenue,Mattituck.The proposed building location is 27 ft. landward of an existing bulkhead and requires a 48 ft.variance fro the regulated 75 ft.setback. The project is located in the Town of Southold,Suffolk County. SHPA-2 Permit:Tidal Wetlands UPA-10-88-1869 CONTACT: Katy Murphy P. CORRECTED Copy a/2/' Intro. ReS. No. ?707-83 Introduced by Legislator Tr-iele Laid on Table 7/12r38 RESOLUTION 40, - 1988, ADOPTING LOCAL LAW N0. YEAR 198 8, A CHARTER LAW TO PX PANO THE DESIGNATION OF CRITICAL $NVIRONM ENTAL AREA (PECONIC BAY) WHEREAS, there was duly presented and introduced to thi . Legislature at a regular meeting held on s Count 10ca_ _tea entitled, "A CHARTER L , . 1938, a Q[009�a: and Said .i. . Ar7 0 *EXPAND THE DESIGNATION lrF ^rd .,.G 1. ^sl _3w 1- final form i� t1le 1 _n �ed; qe It 33 to 3S �r.• RESOLVrO, that said 1Gcal law be enacted in final form .is fOLIQws: LOCAL LAW NO. YEAR. 1988, SUFFOLK' COUNTY, NEW yOpir A CHARTER LAW TO EXPAND THE DESIGNATION OF CRITICAL ENVIRONMENTAL AREA BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, a: follows: Section One. Legislative Intent This Legislature hereby finds that the Peconic Bay and its immediat surrounding area contain natural resources requiring the most stringent step* t Protect them as integral components of Suffolk Co unty's uni fragile scenic beauty. que environment This Legislature further finds and determines the following in connectto wit,11-the nature of Peconic Bay and its immediate surrounding area: 1. ) that its preservation will constit Public health ute: a benefit to th 2. ) that any development of portions of 'this land migh �— adversely affect the public or private drinking water supply an constitute a threat to the public safetyl la natural 3.) that the Vegetation and sauna of this land constitute g providing A wildlife habitat and open sipacet 4.) -j,14fta t it is part of the County'* heritage of Long Island an IS of hist4�. COOZeational, and educational significttncet S.) that it contains an .inherent ecological, geographict . hydrological s"Mitivity to change which could be adversely affectbc any change in the natural characteristics and integrity of the landscape vegetation, moil, or aquifer of this land 6.) that it constitutes an important factor in the proliferatio or perpetuation of wildlife, plant communities, open space, scenic valu•• ' purity of groundwater and surface water, wetland valuer, and/or watersh� protection; and 7. ) that it harbors or contains habitats for endangere threataned, or 'special concern" species, as identified by federal or a York State authorities, and/or rare species or rare-plant communitie9 identified by the New global significance. YOC% R&tural �=itage program, asbeing of state Therefore, • the purpose of this law is to expand the designation sensitive land within the County of Suffolk as a critical area of environment concern 90 as to ensure that any actions taking place wholly or partially wilt or substantially contiguous to such area will be considered as Type I attic under the NEW YOPUK STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA), and Local I 22-1985, thereby increasing the likelihood that environmental impact statemer will have to be. prepared for projects and/or actions commenced therein. Section Two. definitions. A- Actions shall meant pnysIcal 1'J1Cle5, a:lC. iS r�nS[C 1_tL�n Oti, change the uy_ or a e resource or structure, which: pparancte of any na_:: • ( 1) are directly undertaken by an a,�n7'1 or (ii) involve Funding by an agency; or (iii) require one or more permits from anv agdnct agencies; 2. ) plannin 5 activities or an agency that :omx_t the agency r-) definite course oP future decisions; dnd ..a.1o115, p rocedt;r s, Jf.d _ ... 4. ) combinations of the above. a. Capital Projects commonly consist of a sat of activities or star (e.g. planning, design, cpntracting, construction, and operation) . for th purposes of this law, the entire set of activities or steps can be considered a action. If it is determined that an environmental impact statement i necessary, only one draft and one final environmental impact Statement naaA prepared on the action if the statements address each step at a level of do-. sufficient for an adequate analysis of environmental effects. In the case of project or activity involving funding or a permit from an agency, the ent: project shall be considered an action, regardless of whether such funding permit relates to the project as. a whole or to a portion or component of it. Section Three. Expansion of Critical Environmental Area Section 37-7(A) Of the SUFFOLK COUNTY CHARTER is hereby amended by tt addition of a new subsection 9 to read as follows: S3 7-7 A . The following lands within the County of Suffolk, as mo particularly described below, are hereby designated as criticE environmental Arta$ pursuant to 6 NYCRR S617.4(j) . A r A M 9.) the ba s east- of the mouth o! the Feconic River to a including C� ou`n`d the n beneath the ba s and al a: Immediatg r o oe e of the a and/or its ftlzutariox. Section lour. Buemptione. This law shall not app1Y to the following actions: t. ) replacement of a facility, in kind, on the same site unles such facility meets any of the thresholds in 6 NYCRR S617.12; f 2. ) the granting of individual setback and lot-line variances) 3•) agricultural farm management practices includi construction, maintenance, and repair of farm buildings and structure and land•-uao changes consistent with generally accepted principles f arsingi 4. ) repaving of exiating highways not involving the addition new travel lanes; 5. ) street openings for the purpose of repair or maintenance existing utility facilities, 6. ) installation of traffic control devices on existing stree roads, and highways; 7. ) public or private forest-management practices other than removal of treat or the application of herbicides or Pesticides; APPEALS BOARD MEMBERS � ' �FDLr, SCOTT L.HARRIS Supervisor Gerard P.Goehringer,Chairman �� s Charles Grigonis,Jr. Town Hall,53095 Main Road t tS z> Serge Doyen,Jr. y fit_ s , r '} P.O.Box 1179 James Dinizio,Jr. � Southold New York 11971 Robert A.Villa Fax(516)765-1823 Telephone(516)765-1809 y Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD .October 16, 1991 Ms. Karen Munze, Sr. Env. Analyst N.Y.S. Department of Environmental Conservation Building 40 - SUNY Stony Brook, NY 11790-2356 Re: Your Communications of October 10, 1991 NYSDEC Permit #1-4738-00341/00001-0 (Village Marine) Dear Ms. Munze: We are in receipt of your `October 101' 15991 communications in the above matter, and- pursuant to our telephone conversation today, . we would like to clear any misunderstanding or misinformation that may have been reflected "in any of, the permit files concerning a SEQRA declaration made by the Board of Appeals in the above matter.The Board of Appeals has declared the setback variance application to be a "Type II" action (similar to exempt actions relative to setbacks, which is the same rule applicable to the Suffolk County Critical Environmental Area, Section 4( 2) thereof) , although the Town Trustees and NYS DEC were not Type II actions, having previously determined Negative Declarations under SEQRA in 1988-89 and notice in the Environmental Bulletin. (It was later, in April 1990, that a setback variance with the Board of Appeals was applied for and later processed. ) In any event, our department is not an involved agency at this time but wish to be included as an interested agency. For your _ file and information, we are enclosing the following: a) copy of our Type II Declaration adopted by the Board of Appeals; b) copy of Town Trustees approval (and recent extension) ; c) copy of communications concerning the bulkhead proposed during 1986 from the NYS Department of State; d) copy of the Environmental Bulletin publication (1989) concerning a DEC Permit pending under #10-88-1869. e) copy of Section 37-7(A) of the Suffolk County Charter (CEA) effectuated in March 1989. Thank you for your courtesies. very truly yours, Linda Kowalski Enclosures cc: Southold Town Trustees Southold Town Planning Board New York State Department of Environmental Conservation; Building 40—SUNY, Stony Brook, New York 11790-2356 I : (516) 751-1389 _. _ UT 15 Jhomas C. Jorling i j i Commissioner iQctober 10, 199 I j - • j I � I Land Use Com oan 2576 Sound Ave: i Baiting Hollow N1� 1193 Attn: TanyaLLachqlnmeyer j I RE : NYSDEC Permit Applicatijon j #1-473840341/00001-0 Village Marine Dear Ms. Lachenmeyer: The department has received a State Environmental Quality Review letter of coordination from the Southold Town Planning- Board for .the above referenced action. The departmenthas accepted the Planning Board as lead agency in the review. A Noticeof Determination of Significance or Acceptance of a Final Environmental Impact Statement.:must be issued before the department ca:n issue any permits to Village Marine. I. The department is in receipt of a Notice of Negative Determination of Significance from the Town of Southold Board of Appeals; however as it has become evident that a coordinated review was not done, the department has now agreed to participate in the required coordinated review.:- '(The action is in. a . critical environmental area and has been classified a type I action, which is requires coordination. ) : j Please call me with any questions. ! Sincerely, Karen Munze Senior Environmental Analyst KAM/nw I I. i cc: Village Marine i Town of :Soutf old Panning Board Town of ;Southold B and of Appeals F-i 1 e APPEALS BOARD MEMBERS o i-n SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman �'` `'� Charles Grigonis, Jr. .,v Town Hall, 53095 Main Road Serge Doyen, Jr. „, P.O. Box 1179 Joseph H. Sawicki P Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS . Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 - May .15 ,. 1990 . S.E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 3938 Project/Applicants: Village Marine County Tax Map No. 1000.- 122-3-15 . 1 Location of Project: 175 Bay Ave . , Mattituck , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge marina building and install boat rack _(outside ) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant, adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617.233 - For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me o��SUFFO(,�►co _ TRUSTEES John M.Bredemeyer,III,President c SUPERVISOR Henry P. Smith,Vice President a �? SCOTT L.HARRIS Albert J.Krupski,Jr. %�s John L.Bednoski,Jr. '�Ql �a0 Town Hall John B.Tuthill 53095 Main Road P.O.Box 1179 Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD June 11, 1991 Land Use 2576 Sound Avenue Baiting Hollow, N.Y. 11933 RE': Village Marine Permit *10-88-122-3-15.1 Dear Ms. Lachenmeyer: The following actions were taken by the Southold Town Board of Trustees on June 6, 1991: RESOLVED that the Southold Town Board of Trustees approve the request for an extension to permit #10-88-122-3-15. 1 to expire on April 28, 1992. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: jmt to �r STATE OF NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 12231 GAIL S.SHAFFER SECRETARY OF STATE April 25, 1986 Mr. Charles W. Bowman The Land Use Company P.O. Box 361 Wading River, NY 11792 Re: F-86-054 U.S. Army Corps of Engineers/NY District Permit Applicationn86-250-L2 Village Marine, Town of Southold Dear Mr. Bowman: The Department of State has completed its evaluation of your Federal Consis- tency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal. Management Program, and wiTT be. conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following condition: The proposed bulkhead shall be placed above the line of spring high water (SHW) as indicated in the attached letter, dated April 17, 1986, to the Department of State. This -concurrence is vithout prejudice to, and does not obviate the need to obtain all other applicable licenses, permits , and approvals required under existing State statutes. A copy of this decision has been sent to the Corps of Engineers with a copy of your April 17, 1986 letter and its attac d site plan. Sin rely, r r R, Staffg d Coastal Programs Administrator Enclosures GRS:DEB:dlb cc: Alex Lechich, COE/NY (w/enclosures) Charles Hamilton, NYS DEC/Region I (w/enclosures) Henry P. Smith, Southold Board of Trustees (w/enclosures) ..`.`.. HENRY P. S3IITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD �� + "'; '� � (516) 765-1892 ALBERT KRUPSKI, JR. - ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 25, 1986 Mr. Glenn E. Just Land Use Company Route 25 A Box 2521 Wading River, New York 11792 Dear Mr. Just: The following action was taken by the Board of Trustees at their regular meeting held on April 24 , 1986 regarding the Wetland Application No. 349 on behalf of Village Marine. Moved by Trustee Smith seconded by Trustee Bredemever WHEREAS , the Land Use Company on behalf of Village+Marine applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 19, 1986 and WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations and . WHEREAS , a Public Hearing was held by the Town*- Trustees with respect to said application on April 24 , 1986 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the Board considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety, and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED, that the Land Use COmpanv on behalf_ of Village Marine be and hereby is granted permission to construct approximately ot timb bulkhead at or abovethe MHW line along-the edge of an ero e an ill - from an upland site will be trucxea in allu p ace behind the buiknead. Property is located on Bay Avenue, Mattituck. T is inance o perms is gran e under the rovisions of the Wetland Or t e Town .o ou o . . This permit will expire on April 24 , 1987 if wor Has commence by same . ' There are two inspections require an t e Trustees are o be notified upon completion of the work. -2- There is a $5. 00 Wetland Inspection fee now due and payable. Upon remittance youre permit will be forwarded by mail. Very truly yours, Henry P . Smith, President Board of Town Trustees' Ilene Pf iff_erling Clerk to Trustees HPS : ip Cc: Southold Town Building Dept. Commissioner Henry G. Williams, D.E.C. , Albany Charles Hamilton, D.E.C. , Stony Brook Army Corps of Engineers Trustees file Y r.�., 7 _ Public Notice US Arm„Corte of En9irwers In replying refer to: New York District 26 Federal Plaza Public Notice No.12545-86-250-L2 New York, N.Y. 10278 Mar 4 1986 Apr 2 1986 ATTN:REGULATORY BRANCH Published. Expires: To Whom It May Concern: This District has received' an application for a Department of the Army permit pursuant to A7 Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); /7 . Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANT: Village Marine Bay Avenue Mattituck, New York 11952 ACTIVITY: Bulkhead construction and backfill WATERWAY: James Creek, Great Peconic Bay LOCATION: Mattituck, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in• youk review. The decision whether to issue a permit will be based on an evaluation of the probable. impact including cumulative impacts of the activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources . The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics , general environmental concerns , wetlands , cultural values , fish and wildlife values , flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs,, safety, food production and, in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST -BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in writing to the district engineer , before this public notic•.. expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. . It should be noted that information submitted by mail is considered just as carefully in the permit decision process and. bears the same weight as that furnished at a public hearing. NAVY FL-129 May 83 Regulatory Branch Public Notice No.12545-86-250-L2 Pursuant to Section 7 of the Endangered Species Act (16 U.S.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)) , for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant 's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant 's certification and accompanying information is available from, and any comments on, should be addressed to the New York State Department of State, Division of Local Government and Community Services , Coastal Management Program, 162 Washington Avenue, Albany, New `fork 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorizations for the activity under consideration: New York State Department of Environmental Conservation Tidal Wetlands Permit Town of Southold Wetlands Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at t ' ephDne (212) 264 3913 and ask for Mr. Alex Lechich. 2 Incls: F.H. Griffis 1. Description of Work Colonel, Corps of Engineers 2. Drawing(s) District Engineer 2 NANY FL-129-1 May 83 PAGE 3 ENB- COMPLETED APPLICATIONS PROJECT DESCRIPTIONS REGION 1 includes: Nassau & Suffolk Counties. For information regarding any application notice in Region 1,contact the following: r_• REGION 1 DEC Bldg.40, SUNY Campus, Stony Brook, NY 11794 (516)751-7900 REGION 1S Suffolk County Health Dept., County Center, Riverhead, NY 11901 (516)548.3319 Ext. 568 REGION 1N Nassau Co. Health Dept., 240 Old Country Rd., Mineola, NY 11501 (516)535.3313 Last Filing Date Office SEAR. NASSAU COUNTY 80 Waterfront Ltd. The applicant proposes to dredge a 220 ft. by 365 ff. marine facility 6/16/89 1 313 4042 Austin Blvd. to a depth of five feet at mean low water using a barge with crane Island Park, NY 11558 and clamshell; 5,000 cu.yds.of spoil will be removed by barge and disposed of in an upland area. Sediment analysis should be done before dredging takes place.The project is located on the southwesi corner of Waterfront Blvd. and Beach Ave., Island Park, Town of Hempstead,Nassau County. NCTM 43-19-263&264. SHPA-2 Permit: Tidal Wetlands, Water Quality, and Protection of Waters UPA-10-89-0437 CONTACT: Susan Ackerman Majestic Marina The applicant proposes to construct above mean high water, 80 ff. 6/16189 1 3B 217 Woodcleff Ave. of navy bulkhead and backfill with 25 cu.yds.clean upland fill.There Freeport, NY 11520 is no dredging associated with this project.The project is located on Woodcleff Bay,Woodcleff Ave..Freeport,Town of Hempstead,Nassau County.Permit:Tidal Wetlands,Protection of Waters and Water Quality UPA-10-89-0484 CONTACT: Marilyn E. Peterson SUFFOLK COUNTY W. G. Rafferty The applicant proposes the renovation of an existing 795 Prospect Ae. garage/apartment,and the construction of a 400 sq.ff, addition on W. Hartford, CT 06105 sono tube piers.No excavation will be done except for piers and septic system. The addition will be 65 feet from Freshwater Wetlands, and the septic system will be approximately 400 feet from the wetland.The project is located on Fishers Island - Middle Farms Pond, Town of { Southold, Suffolk County. SCTM 1000-003-7-5. SHPA-2 Permit: l Fresliwater Wetlands UPA-10-89-0558 CONTACT:Susan Ackerman Peter G. Peterson The applicant proposes the construction of a timber retaining wall and 6/16/89 1 3B 237 Park Ave. stairway in order to redesign lawn area and driveway. All New York, NY 10017 improvements will occur in areas of existing lawn or existing driveway. All driveway and parking areas will be constructed of permeable materials. No naturally vegetated areas will be disturbed during construction.The project is located on Fowler Street,Phillips Pond,Town of Southampton,Suffolk County.SCTM 904-30-1-60.002 SHPA-2 Permit: Freshwater Wetlands UPA-10-89-0647 CONTACT:Susan Ackerman Village Marina by Land The applicant has revised plans previously noticed on 1/26/89. The Use Company applicant now proposes to remove existing 26 ff. by 36 ff. metal 2576 Sound Avenue building and construct a 40 ff. by 60 ff, boat repair and storage Baiting Hollow,NY 11933 building and an 8 ft.by 40 ff.equipment storage building at the Village Marine located at 175 Bay Avenue,Mottituck.The proposed building location is 27 ff. landward of an existing bulkhead and requires a 48 ff.variance fro the regulated 75 ft.setback. The project is located in the Town of Southold, Suffolk County. SHPA-2 Permit:Tidal Wetlands - UPA-10-88-1869 CONTACT: Katy Murphy ` -- - CO"ECTED copy 8/2/i: F' Re s.� -No. 1 707-8 8 .: introduced by Legislator 1'niel2 Laid on Table 7/12;33 RESOLUTION N0. - 1988, A.DOPTI4c LOCAL LAW a. N0. YEAR 198 8, A CHARTER LAW TO EX PANO THE DESIGNATION OF CRITICAL ENVIRONMENTAL AREA (PECONIC BAY) WHEREAS, there was duly presented and introduced , Legislature at a regular meeting held on Co this Count• lcca_ '_dw entitled, "A CHARTER LAW TO EXPAND THE DESIGNATION aF P Ooo� and said local law Ln final corm is thcs saga as RESOLVED, that said local law be enacted in finaL form as follows; LOCAL LAW No. YEAR 1988, SUFFOLK COUNTY, NEW YOB.K A CHARTER LAW TO EXPAND THE DESIGNATION OF CRITICAL ENVrRONMENTAL AREA BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUE FOLK, a; follows: Section One. Legislative Intent This • Legislature hereby finds that the Peconic Bay and its immedi' surrounding area contain natural resources requiring the most stringent steps *. Protect them as integral components of Suffolk Co unty's unique environment ragile scenic beauty. This Legislature further finds and determines the following in connectio wit11the nature of Peconic say and its immediate surrounding area: 1. ) that its preservation will constitute: a benefit to th Public health; 2.) that any development of portions of 'this land migh �.- adversely affect the public or private drinking water supply an constitute a threat to the public safety, n tura:l 3.) that the vagetstiOn and fauna of thia. land constitute lag providing a wildlife habitat and open space; 4•I t it is part of the County's heritage of Long Island an is of hisba roorsational, and educational Significance; SO that it contains an .Inherent ecological, geographic:: . hydrological ssnmitivity to change which could be advo,csely affects any change in the natural characteristics and integrity of the landscape vegetation, soil, or aquifer of this land; 6.) that it constitutes an important factor ill the proliferatio or perpetuation of wildlife, plant communities, open Space, scenic valu•• 'purity of groundwater and surface water, wetland valuer, and/or watersh. protection; and y. ) that it harbors . or contains habitats for endangere threatened, or •special concern" species, as identified by federal or K York State authorities, and/or rare speei0s or rare-plant communities identified by the thew York Ritural Heritage Program, a:s being of state global Significance. Therefore, the purpose of this law is to expand the designation sensitive land within the County of concern so a$ to ensure that any act Suffolk as a critical area of environment ions taking place wholly or partially wilt or substantially contiguous to such area will be considered as 'type I attic under the NEW YO" STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA), and Local I 22-1985, thereby inCreasing the likelihood that environmental impact Statemer will have to be prepared for projects and/or actions commenced therein. Section Two. Definitions. A. Actions shall meant 1 . ) cro�ects _ or pnysLcxi sec^ es r�R�Cr.1^tL�R 0 1, act:vit_aa Which change or appearance of any Hato-i resource or structure, which; ( 1) are directly undertaken by an ag?ne_-y; or (ii) involve Funding by an agency; or ( iii) require one or more permits from anv agency o agencies; 2. ) planning activities of an agency that :Ommlt the agency t-) defLr.ita course of future decLsLons; ar39gency ru_eS, .eg1la=ions. _ :oced:lc:s, �.�__ i 4. ) combinations of the above. a. Capital Pro3eets commonly consist of a set of :3ctiv1ties or step (e.g. Planning, design, contracting, construction, and operation) . For tti purposes of this law, the entire set of activities or steps can be considered a action. If it is determined that an environmental impact statement i necessary, only one draft and one final environmental impact statement nee,+ prepared on the action if the statements address each step at a level of de-. sufficient for an adequate analysis of environmental effects. In the case of project or act:.vity involving funding or a permit from an agency, the ent: project shall be considered an action, regardless of whether such funding permit relates to the project as a whole or to a portion or component of it. Section Three. Expansion of Critical Environmental Area. Section 37-7(A) of the SUFFOLK COUNTY CHARTER is hereby amended by tt addition of a new subsection 9 to read as follows: S3 7-7 A . The following lands within the County of Suffolk, as mo particularly described below, are hereby designated as eritice environmental areas pursuant to 6 NYCRR S617.4(j) . 9.) Th• bays east of the mouth of the Peeonic River to a includingR. Cam Zaland Soup the - nd`$eaeath the bays, and al a: 'me ate :; n vs hundredeat o the oreLSne of the an or s as es4 Section Pour, 2xemptions. This law shall not a"1Y to the following actions: 1. ) raplacament of a facility, in kind, on the same site unles such facili�y wets any of the thresholds in 6 NYCRR S617.12; 2. ) the granting of individual setback and lot-line variances; 3•) agricultural farm management practices includi construction, maillt©aanCe, and repair of farm buildings and structure and land-use changes consistent with generally accepted principles farming; 4. ) repaving of existing highways not involving the addition new travel lanes; 5. ) street openings for the purpose of repair or maintenance existing utility facilities; 6. ) installation of traffic control devices on existing scree roads, and highwaysi 7. ) public or private forest-management practices other than removal of trines or the application of herbicides or ;pesticides; BUILDING ao SuleFicE $TAtE UAIVrRSIrY OF NEW " '^K �a STOXY-BROW4 NHW YORK 1 2356SM New York State Do0artment of Envfronment'i'`Con �' atpn@ �- " 17 `tTQ�l� ✓ � �!, $ACT � a SOUTHOLD TOWN Pc &Lx a PUNNING BOARD r' Re! LEAD AGENCY COORDINATION RESPONSE �1-o ��(,t,l�! C 5C;a(2a 1/1//p�r rwI^l�t T st r.ti /c'4o-1 z z -.3-/1 Dear >' 1 This letter responds to your communication of regarding .lead agency coordination for the above-noted project, under Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law a.id 6 NYCRR Part 617. The Department has the following interest in this project; DEC Permits (if any) : -- .1 DEC Contact Person: "Al 4W SEQR Classification: [)];Type I [ ] Unlisted DEC Position: Based on the information provided DEC has no objection to your agency assuming lead agency status for this action. [ ] DEC wislies to assume lead agency stetus for this action. J DEC needs additional information In order to respond _(see comments) . [ J DEC cannot be lend agency becsuse it has no jurisdiction in this action...' Comments: [ 1 see attached [ J none if you do not concur with the DEC position indicated above, please contact. this office to- resolve designation of lead, agency within the time allowable under Part 617. Please feel free to contact this office for further information or discussion. Sincerely, .ate I I —cc:—_J(atiach distribution list) !i ,-',! OCT 17 19 Os Land Use .ram y October 9, 1991 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Ms. Valerie Scopez Re: Application by Village Marine Mattituck, New York Pear Ms. Scopez: As promised in my 10/1/91 letter, enclosed please find ( 9) copies of the revised site plan for .the project as referenced above. Should you have any questions or require additional information, kindly contact this office at your earliest convenience. Very truly yours, Tanya Lachenmeyer TL/cf enclosure CCU' I I 1991 i SOUTHOLD TOWN ` PLANNING BOARD 2576 Sound Avenue Baiting Hollow, New York 11933 (516) 727-2400 • FAX (516) 727-2605 Land Use June 3, 1991 d Board of Town Trustees Town of Southold . Town Hall, 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Jill Re: Village Marine - Mattituck Permit No. 10-88-122-3-15:1 Dear Jill:_ Please be advised that the above noted permit expired on 4/28/91. As we have not yet received NYSDEC approval for said project, kindly extend your agency' s authorization of same. Should you have any questions, please don't hesitate to contact this office at your convenience. Very truly yours, Tanya Lachenmeyer TL/cf enclosure 2576 Sound Avenue Baiting Hollow, New York 11933 (516) 727-2400 0 . FAX (516) 727-2605 rrr. 4� r v FRANK A. KUJAWSKI, JR., President ••:. x' TELEPHONE ALBERT JR.,J. KRUPSKI , Vice-President (516) 765-1892 JOHN M. BREDEMEYER, III . JOHN L. BEDNOSKI, JR. � � - HENRY P. SMITH " BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 7, 1988 Mr. Robert A. Greene Alternate Regional Permit Administrator New York State D.E.C. Bldg. 40, SUNY, Room 219 Stony Brook, New York 11794 Re: Village Marine App.No 677 SQT11V�- i (Dc) c)— aa - 3 -.is •� Dear Mr. Greene: Please be advised that this office has received a partial application in the above referenced matter. Pursuant to the Code of the Town of Southold, the Board of Town Trustees. will not act upon an application until it is deemed complete by the submission of documentary proof that all other necessary permits and _ approvals have been received. Please keep this office informed of your progress in this matter. We wish to be involved in- your environmental review under the S.E.Q.R.A. Legislation. Feel free to contact this office at ( 516) 765-1932 should you have any questions in regard to this matter. Very truly yours, Frank A. Kujawski, Jr. , Pres. Board of Town Trustees .FAK: jas CC: Land Use. Co. for Village Marine' C.A.C.­ Board of Appeals Building Dep' t.-- Army Corps of Engineers I .i :.� FRANK A. KUJAWSKI, JR., President {•1 ._ `..- TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President + r' (516) 765-1892 JOHN M. BREDEMEYER, III :: y" '�• ^'ti ._� JOHN L. BEDNOSKI, JR. ' HENRY P. Sh1ITH Y.�A�Ijiy" BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Date: October 19, 1988 To Whom It May Concern: Attached hereto is a Short Environmental Assessment Form submitted by the Land Use Company on behalf of Village Marine for a wetland permit to construct an 8 ' x 40 ' accessory building within the existing parking area for use in equipment storage and services. Property is located at 175 Bay Ave. , `Maattituck. Frank A. Kujawski, Jr. President Board of Town Trustees Posted: October 19, 1988 11/29/88 C Page 2 On a motion by Heather Tetrault , seconded by Daniel Kujawski, it was RESOLVED to recommend to the Southold Town Trustees approval with recommer ations of Wetland Application No. 674 of William Corwin to construct an irregular shaped wooden deck on the north and east of the single family dwelling as shown on submitted site plan. (Project shown on submitted plan was recommended by the NYSDEC. ) The CAC approves with the recommendation that applicant install drywells and add naatural plantings between the lawn and wetlands. New Suffolk Avenue, New Suffolk Vote of Council: Ayes: All Motion carried. Wetland Application No. 675 of Oyster Farm Associates to dredge, enlarge, and bulkhead existing marine basin was tabled by the Council. The Council has serious reservations concerning the project . Also it would like to consider the project as a whole, not segmented, other Departments may have some influence on the project as a whole. On a motion by John Tutill, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetlanc Application No. 676 of Gus Wade to install a 65 ' x 8 ' (clear) prefabricatE steel bridge to span former underwater (now filled upland) of Trustees . Bridge , to be supported by concrete vertical members at each end. Approx- imately 175 c.y, of clean sand and loam fille to be trucked in and capped with 15 c.y, of gravel to create sloped "ramps" at each end. . Purpose of the bridge is to allow access to proposed house of applicant for which permission is also being requested. House will be "pedestal" type and to* have associated sanitary system, blluestone driveway, etc. All work to be as submitted plans. The CAC disapproves as it feels it is an environmentally dangerous project The Council disapproves of the proposed house in the location as proposed. Since it disapproves of the house, there is no need for the access bridge. The Council also questions the segmenting of the SEQRA process. On a motion by Bruce Loucka, seconded by John Holzapfel, it was RESOLVED to recommend to the Southold Town Trustees approval with stipula- tions Wetland Application NO. 677 of Village Marine to construct an 8 ' x 40 ' accessory building within existing parking area for use in equipment storage and services . Building to be located adjacent to existing structure. The CAC recommends approval with the recommendation that applicant install a pumpout station and that stipulates that appli- cant install catch basins Since servicing will be done in the build- ing provisions must be made to prevent any seepage or runoff into adjacent waters . 175 Bay Avenue, Mattituck. Vote of Council: Ayes : All Motion carried. On a motion by John Holzapfel, seconded by Heather Tetrault , it was RESOLVED to recommend to the Southold Town Trustees approval with stipu- dredglations of Wetland Application No. 679 of Frederick Krug to maintenance e indented area 8 ' x 58 ' to 4 ' below MLW, approximately 18 c.y. to be removed and placed on owner ' s property. The Council approves if the applicant places the spoil at bast 75 ' from the edge of creek, Budds Pond Road, Southold. Vote of Council: Ayes: All Motion carried. , ..x FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI;JR., Vice-Presidents 1'� r' r_� (516) 765-1892 JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. � ; HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October .19, 1988 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is application No . 677 for a Wetland Permit submitted by Land Use Company for Village Marine. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours , Frank A. Kujawski, Jr. President Board of Town Trustees FAK: hk Attachment -cc: Bldg . Dept . t, ,I Z 1 '�—' __ _ _..�._.-..._..,—..�.+_...1•..-....�s.-1•V.sMuebw.+W.O4FL6RfiMR�"'.•A14d$C.�.�cyiM'�3�'t'ri✓T+sw,�t:4:J�`�Y��,�k --•�.•.c>; I NXtY @��ne o.®•®.�►eo•®•an.m..+�•�s•e�.aRoo•e�•eso.w>trow�•+sla w•o.a•wes.w.a.w•osw.w•w.w•s•weoew•w.,F BOARD OF TOWN TRUSTEES � TOWN OF SOUTHOLD � 53095 Main Road Phone 765-1592 ��:� e3 Southold. N. Y. 11971 t Date� 19 RECEIVED —�� � 222dl- x-.ter— C For BOARD OF TOWN TRUSTEES Cash 0 Cho, ` .� � �3.�� O <arc.>c1»e�•�•m+.nxsa.��, a s •�mn.ao•a�wac•air.aercerwar.�eczrasm�c�mfa.�e�.ear+eo,+<s«as.�m�.au...e�..s.-.•a.u►� � w C O .14 4J C C) � -4 � L 41 a t j s,. , } - BOARD a �A..l.e.�"!"���.@P�P�/s,�.q,� OF TOW_N, TRUSTEES �. - — — 'cOiv,N Or SOUTIIOLD t� a399:5 Main Road Phone 765-1892 � d Southold 77��t — -- - 0 , W. Y. II97I 11f� • 33820 ' 1 1EC�JVED OF Date Vl �1.✓ 1 19 i t_'i f. - --�_ or --Dollars BOARD OF TO 0- Cheek / ( "'=a nTRUSTEES or ash f.�h�9P�P�lt�PA6ACP�PIAP�{P�P�P�P40PlldPdlpP�� ;.•i--1 l - ,'J /'�� Ilk • °' Y`, r'HE( �•_PwP�wrw.•,�Pw.P�•w�•.�.w.�....-y . 0 IN i � 2 40 ONS 1• Paid Application Fee 2• Sent to C.A.C. 3 . Sent letter of incomplete application. 4. Declared Lead Agency. 5. Environmental Assessment 6 • Comments from C.A.C. � 7. D.E. C. permit . 8• Army Corp Permit. p Fi /fc�ii •G c' ,.GAG. �l%a '� - 9• Public Notice for Hearing. 10 Determination T. �1���✓vi`t�E�- ��;�='�,��� � ��wf���"{-�'����-cam � � ��%L-�Gv� �all � J . f PAGE 3 ENB— COMPLETED APPLICATIONS PROJECT DESCRIPTIONS REGION 1 includes: Nassau & Suffolk Counties. For information regarding any application notice in Region 1, contact the following: REGION 1 DEC Bldg.40, SUNY Campus, Stony Brook, NY 11794 (516)751.7900 REGION IS Suffolk County Health Dept., County Center, Riverhead, NY 11901 (516)548.3319 Ext. 568 REGION 1N Nassau Co. Health Dept.,240 Old Country Rd., Mineola, NY 11501 (516)535.3313 Last Filing Date Office SEOR NASSAU COUNTY 80 Waterfront Ltd. The applicant proposes to dredge a 220 ft. by 365 ft. marine facility 6/16/89 1 3B 4042 Austin Blvd. to a depth of five feet at mean low water using a barge with crane Island Park, NY 11558 and clamshell; 5,000 cu.yds.of spoil will be removed by barge and disposed of in an upland area. Sediment analysis should be done before dredging takes place.The project is located on the southwest corner of Waterfront Blvd. and Beach Ave., Island Park, Town of Hempstead, Nassau County. NCTM 43-19-263&264, SHPA-2 Permit: Tidal Wetlands, Water Quality, and Protection of Waters UPA-10-89-0437 CONTACT: Susan Ackerman Majestic Marina The applicant proposes to construct above mean high water, 80 ft. 6/46/89 1 3B . 217 Woodcleft Ave. of navy bulkhead and backfill with 25 cu.yds.clean upland fill.There Freeport, NY 11520 is no dredging associated with this project.The project is located on Woodcleft Bay,Woodcleft Ave.,Freeport,Town of Hempstead,NassauLam- County. Permit:Tidal Wetlands,Protection of Waters and Water Quality I S Q� UPA=10-89-0484 CONTACT: Marilyn E. Peterson SUFFOLK COUNTY 1ee a4�� W. G. Rafferty The applicant proposes the renovation of an existing 795 Prospect Ae. garage/apartment,and the construction of a 400 sq. ft. addition on W. Hartford, CT 06105 sono tube piers.No excavation will be done except for piers and septic system. The addition will be 65 feet from Freshwater Wetlands, and the septic system will be approximately 100 feet from the wetland.The project is located on Fishers Island - Middle Farms Pond, Town of ✓ Southold, Suffolk County. SCTM 1000-003-7-5. SHPA-2 Permit: Freshwater Wetlands UPA-10-89-0558 CONTACT:Susan Ackerman Peter G. Peterson The applicant proposes the construction of a timber retaining wall and 6/16/89 1 3B 237 Park Ave. stairway in order to redesign lawn area and driveway. All New York, NY 10017 improvements will occur in areas of existing lawn or existing driveway. All driveway and parking areas will be constructed of permeable materials. No naturally vegetated areas will be disturbed during construction.The project is located on Fowler Street,Phillips Pond,Town of Southampton,Suffolk County.SCTM 904-30-1-60.002 SHPA-2.Permit: ku", Freshwater Wetlands UPA-10-89-0647 CONTACT:Susan Ackerman ko Sty Village Marina by Land The applicant has revised plans previously noticed on 1/26/89. The —' Use Company applicant now proposes to remove existing 26 ft. by 36 ft..metal p(�ylA, 2576 Sound Avenue building and construct a 40 ft. by 60 ft. boat repair and storage f� Baiting Hollow,NY 11933 building and an 8 ft.by 40 ft.equipment storage building at the Village Marine located at 175 Bay Avenue,Mattituck.The proposed building —� location is 27 ft. landward of an existing bulkhead and requires a 48 aLsD--FncsIc� ft.variance fro the regulated 75 ft.setback.The project is located in �. (,&TU q/ the Town of Southold,Suffolk County. SHPA-2 Permit:Tidal Wetlands UPA-10-88-1869 CONTACT: Katy Murphy �nZvyyf,� - 1 7 0 Y. ..� } d 10 OF 01 \� Proposed Accessory Structure ~�,p0.0 Village Marine 175 Bay Avenue Mattituck, N.Y.. 11952 Scale 1" = 30 ' '�pi la0•°o 34 00 - ' -yy-r FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President F ' (516) 765-1892 JOHN M. BREDEMEYER, III . . JOHN L. BEDNOSKI, JR. HENRY P. SMITH t� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 7, 1988 Mr. Robert A. Greene Alternate Regional Permit Administrator New York State D.E.C. Bldg. 40, SUNY, Room 219 Stony Brook, New York 11794 Re: Village Marine 'App.No 677 S eTr71 c) L) - Dear Mr. Greene: Please be advised that this office has received a partial application in the above referenced matter. Pursuant to the Code of the Town of Southold, the Board of Town Trustees will not act upon an application until it is deemed complete by the submission of documentary proof that all other necessary permits and _ approvals have been received. Please keep this office informed of your progress in this matter. We wish to be involved in your environmental review under the S.E.Q.R.A. Legislation. Feel free to contact this office at ( 516) 765-1932 should you have any questions in regard to this matter. Very truly y�oouurs, Frank A. Kujawski, Jr. , Pres. Board of Town Trustees FAK: jas cc: Land Use. Co. for Village Marine " C.A.C.-- Board of Appeals Building Dep' t.-- Army Corps of Engineers n FEB 1991 i File No. SD-90-30 X Resolution No. ZSR-91-05 of the Suffolk County Planning Commission Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code WHEREAS, pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, a proposed zoning action was received at the offices of the Suffolk County Planning Commission on December 5, 1990, with respect to an application of "Village Marine" (#3938) affecting premises situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.Y.S. Ate. 25) on James Creek at Mattituck in the Town of Southold, and WHEREAS, said application was considered by the Suffolk County Planning Commission at its meeting on January 9, 1991 and WHEREAS, the Commission has voted to disapprove said application, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said application is disapproved for the following reasons: 1. It constitutes the unwarranted overintensification of use of premises; 2. The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; 5. On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, 6. It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Motion by: Commissioner Kelley Seconded by: Commissioner Capobianco Commission Vote: 10 Present - Ayes 9 Nays 0 Abstentions 1 Commissioner McDonald Dated January 9, 1991 Hauppauge, New York Suffolk County Planning Commission lr_ a 41 aeoW ti V t.7� File No. S� 1 COMMISSION ACTIONS ON ADOPTION OF RESOLUTION AYE 'SAY ABSTAIN NOT PRESENT DENNIS LYNCH FELIX J. GRUCCI, JR. NANCY NAGLE KELLEY ELAINE CAPOBIANCO MAURICE O'CONNELL ROBERT DONNELLY . GEORGE R. GOHN - ANTHONY YARUSSO GILBERT SHEPARD '-- MARK MC DONALD SAMUEL STAHLMAN LLOYD L. LEE �- STEPHEN JONES �- I MARDOONI VAHRADIAN DONALD EVERSOLL Decision Present f Motion Absent _< Second . '_...-. -_-�? U Vote .. Abstain h File No. SD-90-30 Resolution No. ZSR-91-05 of the Suffolk County Planning Commission Pursuant to Sections A 14-14 to 23 of :the Suffolk County Administrative Code WHEREAS, Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, a proposed zoning action was received at the offices of the Suffolk County Planning Commission on December 5, 1990, with respect to an application of "Village Marine" (#3938) affecting premises situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.Y.S. Rite. 25) on James Creek at Mattituck in the Town of Southold, and WHEREAS, said application was considered by the Suffolk County Planning Commission at its meeting on January 9, 1991 and WHEREAS, the Commission has voted to disapprove said application, Be It Therefore RESOLVED,, That the Suffolk County Planning Commission hereby .approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said application is disapproved for the following reasons: 1. It constitutes the unwarranted overintensification of use of premises; 2.. The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; 5.. On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, 6. It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Motion by: Commissioner Kelley Seconded by: Commissioner Capobianco Commission Vote: 10 Present Ayes 9 Nays 0 Abstentions 1 Commissioner McDonald Dated January 9, 1991 Hauppauge,. New York Suffolk County Planning Commission A s t c t ti. a p File No. S:n^ / C} Cj COMMISSION ACTIONS ON ADOPTION OF RESOLUTION AYE NAY ABSTAIN VOT PRESENT DENNIS LYNCH I �� FELIX J. GRUCCI, JR. NANCY NAGLE KELLEY ELAINE CAPOBIANCO I I MAURICE O'CONNELL I I ROBERT DONNELLY GEORGE R. GOHN ANTHONY YARUSSO GILBERT SHEPARD I f MARK MC DONALD I ✓ I SAMUEL STAHLMAN �" LLOYD L. LEE I STEPHEN JONES i Lam' I MARDOONI VAHRADIAN , DONALD EVERSOLL Decision Present 1`f Motion i Absent Second Vote . � .t . . Abstain T( STAFF REPO T_ - SECTIONS A 14-14:to 23 OF THE SUFFO ADMIN CODE Municipality Town of Southold File Number SD-90-30 Applicant(s) Village Marine Expiration Date January 18, 1991 --------------- The Proposal and Its Location Appeal to the Board of Appeals for parking, setback and landscaping variances in connection with the erection of a building addition and boat rack for boat repair & storage purposes respectively at an existing marina situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.Y.S. Rte. 25) on James Creek in the Marine I District (Marinas and associated uses on 40,000 sq. ft. lots) at Mattituck. Description and Analvsis The proposal is to erect an 11 ft. by 102 ft. boat rack approximately 19 ft. high accommodating approximately 20 boats and a 60 ft. by 40 ft. (2,400 sq. ft.) addition onto an existing building comprising 1,502 sq. ft. at an existing marina accommodating approximately 24 boats with one (1) launching ramp on a 23,645 sq. ft. parcel which has frontages of approximately 50 ft. and 340 ft. (bulkheaded) on Bay Avenue and James Creek respectively. An existing 36 ft. by 26 ft. metal building (936 sq. ft.) situated just east of the principal building (where the addition is contemplated) is to be removed. Premises has been used as a marina since prior to enactment of zoning in 1957. In conjunction therewith applicant seeks to diminish: side yard from 20 ft. to` 3 ft. and 10 ft. for the building addition & rack respectively, rear yard from 25 ft. to 20 ft. and 10 ft. for the building addition and rack respectively, bulkhead setbacks from 75 ft. to 15 ft. and 28.5 ft. for the rack and building addition respectively, and parking from 29 spaces to 20 spaces. Applicant also seeks to waive landscaping. in the front yard which is now blacktopped. It should be noted that the existing building (to remain) has side and bulkhead setbacks of 3 ft. and 30 ft. respectively. Applicant contends that such zoning actions are warranted to allow consolidation of the boats in the yard for more parking and to provide a protected and heated area for boat repairs. It is the belief of the staff that said proposal is inappropriate as: I. It constitutes the unwarranted overintensification of use of premises; 2. The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; 5. On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, Town of Southold SD-9 Village Marine ?ageZ -------------------------------------------------------------------------- 6. it would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Staff Recommendation Disapproval tj COUNTY OF SUFFOLK rr� a � � � )1 if �� PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 10, 1991 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Village Marine" (#3938), Town of Southold (SD-90-30) . Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the. Suffolk County Planning Commission on January 9, 1991 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following resons: 1. It constitutes the unwarranted overintensification of use of premises; 2. The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; 5. On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, 6. It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Very truly yours, Arthur H. Kunz Director of Planning b Gera Ne an Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE.L.I., NEW YORK 11788 (516)360-5192 ' 1 12 1990 PLANNING BOARD MEMBERS SCQ7I L. HARRIS Bennett Orlowski, Jr., Chairman ..1� Su ervisor George Ritchie Latham, Jr. Richard G. Ward -� E,. Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 11, 1990 Carmine Grasso Glueckert and Wieber Architects 300 Wheeler Road - Suite 303 Hauppauge, New York 11788 RE: Village Marine SCTM*1000-122-3-15 Dear Mr. Grasso: The Planning Board has received the Board of Appeal' s determination rendered November 29, 1990, on your request for a variance. The following changes must be made before the Board can proceed with its review of your client' s site plan: 1. Parking for ten (10) cars must be shown, one of which must be a handicapped parking space. 2. The location and details of proposed fencing (type and location) must be shown. 3. Grading, including existing and proposed topography with two-foot contours (on site and two .hundred (200) feet beyond the property line) , together with spot locations for buildings must be shown. 4. A drainage plan must be submitted showing drainage calculations and details of drainage structures. 5. Show location of curbing and curb cut on Bay Avenue. 6. Show the location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location. 8. . Indicate building elevations for all facades and floor plans for the proposed use of floor area. Proof of review by the Health Department is also required. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any questions or require additional information please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Dave Young, Village Marine Gerard P. Goehringer, Chairman, Board of Appeals John M. Bredemeyer III, President, Trustees PLANNING BOARD MEMBERS y i Bennett Orlowski, Jr., Chairman 4i Q ^'' i SCOTT L. RABBIS George Ritchie Latham, Jr. `�riSj, Supervisor .Y Richard G. Ward � ;r Mark S. McDonald = ; u���.�x�`r Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5 16) 765-l 823 October 2, 1991 Cramer, Voorhis & Associates, Inc. 54 N. Country Road Miller Place, New York 11764 RE: Review of Long Environmental Assessment Form for Village Marine, E/S Bay Avenue, 140 ' S/O SR 25, Mattituck SCTM# 1000-122-3-15.1 Dear Mr. Gamer: The Southold Town Planning Board hereby refers the Long Environmental Assessment Form for the above mentioned site plan to your office for review. a. Please develop an estimate of what it will cost to undertake the review. Enter the cost estimate on 'the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing' the work to be done. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Sincerely, Bennett Orlowski, Jr. Chairman Encls. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, New York 11971 RE: EAF Review SCTM# 1000- Dear Mr. Orlowski, Jr. , It is estimated that the cost of reviewing the above-noted application as per your letter of not exceed $ 1991 should No work in excess of that amount will be undertaken by this office unless so authorized by the Planning Board in writing. Please notify this office in writing if you wish us to undertake the review. Very truly yours, Cramer, Voorhis & Associates 1 4=26-2'(2/87)—7c 617.21 Appandlx A SEQA FULL ENVIRONNIENTAL ASSESSMENT FORM, Purpose: The full .AF is designed to help applicants and agencie> determine, in an orderly manner or action may be significant the question of whether an actin er, �herher IY, there are asp, Gf ;, r,, , t, G n may be significant is not always a rfJ��Ct p e,eet „ar are sub'._ .,ve ays easy tG answer. Frequent significance may I or ,brier Pasurea5lr. it is also undersiocd that those who determine V have tittle or no farmai knowledge of the environment r,r ,� analysis. in addition, many who have i nowleclgr,ri ere par titular area may not be aware of [h2 broader may be technically expert.;n environmental the question of significaneF. The full EAF is intended to prov,da a method whereby a concerns affectine, Process has been orderly, c ontpref}ens,ve in nature;, yet flexible to allow inirGducti le of information ilss,on to fit a Y pplicants and aKenc,es can be fissured that the dt'terminatian Full EAf Components: The Lull F project cr action AF is comprised o! three parts; Part 1: Provides objective data and information about a given project and its site, try identifying basic in i . project data, it assists a reviewer in.the analysis that takes place in Parts 2 and 3. Part a: !ucuses or) identify;r;g the range of possible impacts that may occur from a protect or acts guidance as to whether an impact is likely be considered small moderate whc;ther i The for,-rt also identifles ,whether an impact tail be mitigated or reduced. tin. It provides large impact is a potent,ally- Part 3: if any impact in Part 2 is ,Lentified as patentialiy impact i5 actually , art 3 rnportant. en•larde, then P ,s used to evaluate whethe r or not the D Tzt NiINAT6 , � C h ��i �F �it;,�l�'l..�r:iCE—rYpe 1 and Un]irtl�ty Actions Identify the Portions of EAf wor.-t plrtfed for, tF1i5 t;r•c;zct: x Part 1 Upon review of the informaton recGr Part 2 ❑Part 3 inform ationa °`d on this EAF(Parts 1 and 2 and 3 if appropriate), ach and any other supporting both the magitude and importance of e lead agency than , ari consider _irn;,act, it is reasonably determined- ned by the A. The pro) will nf)t result in an have a significant impact on the yemv�onrrt�nt t heretorN portant �n�{(s) and, therefore, rs one which wilt noI gative declaration will be prepared. U B. Although the project could have a significant effect on the enviroitiTtent, there will not effect for this Unlisted Action because the mitigation measures described in PART 3 have b therefore a CONDITIONED be a signif�cartt negative declaration will be prepared.' ern required, ❑ C. The project may result in one or more large and important impacts that may have on the environment, therefore a positive declaration will be prepared. a significant iRt' A Conditioned Nei Declaration is only valid for Unlisted Actions Fact Native Village Marine ---� � Pro ossced Boa ; RepairS-torage a U IV Name of Action �J 1Varne� o d Agency SOUTHOLD TOWN —PEA>4PffN0 Q�At--- Print or Type Nanic'of H — ` ronsible()Ifi.er in Lead Agency Title of Responsible Officer Signature of Responsible Uific,r in Lead Agency Signature g re of Pre r(If different front responsible f1 ,t;rr) 9/30/9, Date s � / PART 1—' PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the iuil EAF will be dependent on information currently available and will not involve new studies, research or investigation. It Information requiring such addiiional work is unavailable, so indicate and specify each instance. NAME OF ACTION + Pror)osed Marine Repair/Storage Btlildin 1 WCATION OF ACTION(Inciuda strnat Address, municip?illy am County) 175 Say AV OnUE, tiattitttek, Suffolk NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE village Marine (516 )- 298-5800 ADDRESS P. O. Box 1045 CITYIPO STATE ZIP CODE hiattiturk, N. Y . 11952 NAME OF OWNER ill]Iltert,rll) BUSINESS TELEPHONE 1 ) ADDRESS CITYIPO Y STATE ZIP CODE PESCRIPTION OF ACTION PLEASE SEE ATTACHED PROJECT DESCRIPTION Please Complete Each Question—Indicate NJA. if not applicable A. Site Description Physical setting of overall project, both developed Wom ndeveloped areas. 1. Present land use: GlUrban ©Industrial mercial QResidential (suburban) Mural (non-farm) ❑I orest ❑Agriculture. 00ther 2. Total acreage of project area. ' 54 acres. APPROXIMATE ACREACE PRESENTLY AFTER OMPLETION Meadow or lirushland (Non-agricultural) 0 acres acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 -- acres 0 _ acres Wetland (freshwater or tidal as per Articles 24, 25 of ECQ 0 acres 0 acres Water Surface Area - — 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 14 acres �_I acres Other (Indicate type)(',rWe1 Boat Storage/Parking Area . 40 acres . 35 acres Riverhead Sand IWhat is predominant soil, type(s) on project site? Rd T Y Loam. a. Soil drainage: `Nell drained 10f) of site ElModerately well drained ,_ % of site QPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (See 1 NYCRR 370). 4, Are there bedrock outcroppings on project.site? ❑Yes �qo a. What is depth to bedrock? 600+ ' (in feet) PROJECT liEECRIPTIQN - VILLAGE MARINE Applicant propose, to r.-move existing 25 ' x 36 ' !Metal building and construct a y0 's: 60 ' boat repair and storage building. Proposed buildii-ig location Is 28 . 6 ' landward of ._he existing -Ou1kh,Qad ands requires a 6 . q ' variance to the regulated 7= ' setback. Add.itional?y, aPPiicant proposes to pave, with asphalt, a 595 s. f. area landward of the existing bulkhead. As mitigation,, applicant will install dbainage ,pools to contain stormwater runoff . t S. APproxitnatr per4enta?gt Of P[Oposed�r�;pCt ?i:C bb'Ith iiOj)CS: 100 1-715% 6, or greater % Is prefect substantially contiguous to, or cgntain a building site, or district, listed on the State or the Nations Registers of Historic Places? ❑Yes �No [ 7. Is project substantial!y contiguous site ii3ted on the Register of National Natural Lz:dmarks? �]yeS lido 8. What is the depth of the water table? 0 —8` (in feet) 9. Is site located over a prirnary, principal, or ole source a . quifPri DYrs 1�ra a 10. DO hunting, fishing or <_heil fishing opportunities presently . p n.iy exist in the Project area? Dyes 11. Does project site cos ;,ta, env s�;zcies r1f Plant or animal life '1?ut is iurntified as threatened or endangered? Dyes D _No Acccrd,ng to Field .inspection Identity edch species 12. Are there any unique or unusual land turrris on the project site? (i.e.. cliffs, dunes, other i eolo 1 nyes XNO Describe g cal formations) 13 Is the project sit . presently used by the comrt�unrty or neighborhood U Y e s o If yes, explain as an open space or recreation area! 14. Does the present e include scenic views known to be important to the car..)Mu'o munity? 15. Streams within or coritfg ,•oU, to Woi.•ct area. Ja-nes Creek a. Nettie of Stream and r?erne r}f River to vrJ?ich it is tritutary y "-- Great Peconic Bay 16. Lakes, ponds, wetlnrid •-heals syithin or contiguous to project area: a. Name 17. IN the site served by ex„tin+ public , b. Size (In acres) rFs DNo a) If Yes, does sufficient capacity exist t � p o ailo,v connection? (oyes CNo b) !f Yes, Will Ii71prU'vt'rYients br i�eces5ar' tO llo' connection? (r' anSion Of eZC3Stin Y a i w conri�cti n? []Yes g use) 18. Is the site located in an agr,culturdlfdiStiiCt Certified pursuant to 'Ajsriculture and Markets Law, Article 25 AA. Section 303 and 304 LYes 'Vo 19. Is the site located in or substantiall contiguous to a Critical Environmental Area designated pursuant to Article 8 Of the ECL, and 6 NYCRR 617? .Yes ONo (Tributary to Peco nic Bay)) 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes ❑No S. Projaot Dascrdpti., 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage Owned or cpn6rolk�d L,. r feet sponsor • 54 b. Project acres P .05 lexpansIdin) ----_ acres. g.. to be developed; acres initially; . 05 C. Project acreage to remain undeveloped 0 acres ultimately. d. Length of project, in miles: _ n a acres. (It appropriate) e. if the prulect is an expansion, indicate percent of expansion proposed _n/a , %; f Number of aff->trvet parking spaces existing 5 proposed. 10 g. Maximum vehicular trips generated per hour _8_ (upon completion of project)?h. If residential: Number and tyre Of hcusin;; units. n/a t)ne• Family Two Family Multiple Family Initially _ Y Condominium Ultimately i Dimensions (in feet) of largest proposed structure " height; — 60__ width 40 ' J. Linear feet of frontage along a 50 length. g g public thoroughfare project will occupy is? It. *less than 35 , 1. How much natural rnaterwi (i.e- 101-k. t--altrh, .Vtl; b-.2 removed frorn t,,--,e tonsiCubic yard,, 3. Will disturbed areas be recialmed? Dyes LIN o XN/A a. if VL-s, for whit imt-ndcd purpose is ih iize hein,i - reclaimed? b. WJ;I topsoil be szcickpiiiA for rvchimation? Dyes E N C, c. VViii upper SULSOd 11,& S!G..kpliad for 01'es 0,N o 4. How many 4cres of .-j.-ounij. c.,--vers) will �i� rcmoveCi frCm We? 5. Will any mature liorest tover IC oh,�r !ocmn by th;-, proj-?ct? Dyes -N 0 3 b. if siria-fte phasi project. Anz;cipl�-'ej p-ijutJ .31 con ion rnomhs. 7. if nlulti-,]hased. n/,:, J T i. 10t-al r-u;7n0c-,1 cfPh-,S;.5 --ocloated r-umt er b. Anticipai.wa date of con-imenceinlrnt month year, (mcludir.,- dernolition'. C. Approximate cornp!etion date of final phase incinth year. d. is phase I functionally dependent on sutisequvent phases? Dyes !-No B. ',Vi:l blastinjo occur during construction? CYe5 0 9. Number of jobs -ener3ted: Jurjn, constructiQn o - I wft.4r prc;ect 15 Complete 10. Number Of Icbs ri'rFi)nat,?LJJ Jr-y r.-r(3iect 0 141. VIVOI Project !eGluire rElai--4jlion u! 01, H4ZIlities? V-7 Y,�s yJrpo if YES, aXhldirl 12. li suriac-Q 11-uid waste ullspos-al 4 It yes. indic-3te Vv1Pe of 11;e (se Y,a,5,e, hndLisIrial, etc.) and i rnou n I b. Natme oll w iter Cody m!-ri I I'-!6, --f t-IutF, .4;11 I hge I t uf: 13. Is jrpjcvecp �- -4 *existing sanitary system to L�e Type —----------------I-------------ICFP�-r md— .14. Will surface area of an rusting watf-r hody -ncr;--ase or decrease by proposal? Dyes F-1No Explain 15 is project Or -.,fly Portion of protect in a 1C;0 V:�ar flood plain? 7tky e 5 Li-4 d 16. Will the pro)oct rent rata solid waste? Yes 21 1%,14 o er a. it yes, what is thy: amount per month tons I b. If yes, will an Existing solid waste facility be used? Dyes CI 1,4 o c. if yes, give n,1n-,e Sc'),ithold TOTnn T-anotill location Southold, N.Y. d. Will any wastes acit go into i, sewa2ge efposal systern or into a sanitary landfill; Dyes ONo e. if Yes, explain 17. Will the Project Involve tile dlsposel Of SC-I;-d tivdSte? Dyes �0 a. if yes, what is the anticipated rate'of dispusal? tons/month. b. It yes, what il. the anticipated 5iie'hfe? W ears, i ill. Will project use h4erbicid#,-s or pesticides? DYes 0 19 Will project rciutin-*Iy produce odors than one hour per day)? OY 0 Will project prodUCk! operiitin3 nuiii? excef.,dil)? The 2" ambient noise levels? 17J y es 21 Vvill pmiecl rtsui( fni jr) In Lln?rgy rise? e L❑No If yes ..�t1ec-!.r-C-1t.y, 'heatino (0 l If ovater SUajlly is flan) w0 ". I 'dicare rLimpim", CapaAty (CX.stinq racilitN, no increase needed) 23. Total anticipated usa&e pt?r day aallonqfday. 24. PaCies Project involve Local, State or Federal funding? El Yes ��vo If Yes, explain 25. Approvals Rsquired. Submittal Type Date City, Town, Village Board ]Yes �iNa City, Town, Village Planning Board v its res CNO B Plan Approval 10/$d City, Town zoning Board Yei Na City, County Health DeparrMlent ='fin r-� sa � �, c: T , i-INo ni �r, system r cgrade Other local Agencies '-� Pending OYes NO Other lteg►onal Agtncles : PNo State Agencies f Yes GNo Art, 25 iV•Y.B�D — �•C• 1C/ Feder4l Agencies , 88 S'es N0 i C. Zoning "and Phanning Information 1 Does proposed action involve a planning or zoning decision? If Yes, indicate decision required- 'Yes ❑No U[4r)Ina amendment Dzonin I . a variance Qs(;ecial use permit Clsubd,vls�onsite plan ❑new/revi5von of r713ster '!an P Cre_oulcc management plan f P ether 2 What is the zoning cli;tcat,on(s}of the site; M-1 s What is thu maalm,u:rn potentl::i deveia�o mint of Marina the site If developed as permitted by the present zoning? 4. What i> the: proPo5ed zoning of ttje site? M-1 5. What is the maxintr,nl potential davelaf,mrnt 4f the site if.deve(o developed as Marina P per,nitted by the proposed zoning? 6. Is the propos,d act,4r, c+ nslstent with ec the .. _ h omrtt��a nded uses in adopted local land we plans? 7 What are the predominant land Users + l >es CjNo Dist �Inu zer►Ing c'assrfications �.vi!hin a '/, Mlle radius of Proposed action? incr CGS, ,.�rcial ' - east & west; resid,!mtial d2 8. Is the proposed action +�'alonrr�nt 5out.; compz,,ble with adioirtinV;urrounding land uses e 9. If the proposed action is the subdivision of land, how man within a / mile? yes QNo y lots ors are Prop4sEd? n/d a. What is the minimum lot size proposed? 10. Will proposed action require any aurhOrization(sj for file formation of sewer or seater districts? 11 Will the proposed action cr+eat a demand for an ►ctsi' QYeS No flf� pr4tNCtl{�1)? f7Yei ` „ Y community provided services (recreation, education,ucation, police a. If yes, is existing capacity sufficient to handle projected dernandr dyes 12. W111 the'proposzd action re []No in the generation of traffic significantly above present level a. If yes, is the existing road r�etworlC ade si' Dyes �o quite to handle the additional traffic? dyes ❑No D. InfOrMatl0nal E)atgi9a Attach any additional information 'as may be needed to clarify your project. If there are or May be any impacts associated :�.-ith your propt�sal, please discuss such impacts and the measures which you propose t avoid them adverse P o mitigate or E. VerifIcallon ! certify that the information Provided at;o,,c, is true to the hest of m ,c , Applicantj> > r Name TanYa Lachenrne er Y ' Vi l lr.dd Y /L:and Ilse Cotr�ny far Villa er'"1,3rina Siang ui� �LX''��1�_:��. (t��. (_�tT_� --�_ Date q/3Q/91 Title F ro.1t'ct Manager If the action is in the CQastai Area, and you are a state agency, compltte the Coaxta) Assessment Form before with this dssesamrnt. proceeding <- to tied i 9. F AND H ' Responsibility of Lead ,agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and de!erm+nations been reasonable! The rrvietver Is not expected to bc- an expert enviror:mental analyst. Identifying that ;,n rmp3ci will i;)f- Potentially ar4,'E' (Column 21 ,jQf+S O ,t rnean that it IS also nt'CC51ur11y siarnficar:i. Any large Irnl>a Must u5t the evaluated i7 PART 3 to deteraminti significance. asks that It be luu4ed at further Id?ntifyinSv an If lf}at t In column 2 Simply • The provideej are to assist the fevie vt r by showin magnitude that would trio-g Q g types of impacts and where-ver poss:;Jle the thre..sho!d of 5�ef a r._sponse in :_olu;rtn =. The exarnples. for most situations art- >;enrrally arl;Jicablr throuLhout time State and Put• i'=r ar+Y sp =ifi: rro,i=ct or site other examplw5 and or lower thri;nolds r py be ;;pprop;late for a Potential Large Imp act rEsl� se, thus r - ",t" U evaluation to Part 3. i • The c impacts P' f ash j)r;;iect, on t•aL;, site, in each Ioca1Jly, will yr n i have been offered as;;_Jid:lnce. Tlmey do not Constitute an exhaustive I;SI UT Ir1lr�yrE.Gre, }tile txample� dre Illu-trative and • The number of exanmpl&S per question does not indicate the i P, and t n'ds to answer each question. mportance each question. • In identifying impacts, consider Jong terra, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 clue5lions in PART 2. Answer Ye , b. P�aybe answers shouid b•� Considered „' $ if 'there � ill be arty impact. as yes answers. c. If answering yes to a questlor. then check the rmpact. If impact thresJiolr; q appropriate box fcGiU mn 1 or 2) to ind;catt the potential sihe :als cr exceeds any example;:; ze of t r:vlded, checkco;r?mr,2. If impact will'occur but threshold is (osyer Than Ex. l ie, check column 1 d. If reviewer has doubt about s;_e of the impact e. If a potentially large Irn i pac: ch�cketi to pact then consider the in.pact as potentially large and proceed to PART 3 column s Can be mitigated by cha impact, also check the yca o;;x in cnlurcmn 1. A No response indicates t nge(;) in the Itrolrct to a small to moderate must be explained io Part 3. hat such a reduction is not possible. This Small to Potential Can Impact Be IMPACT ON i AND Fetadsrat� Laroe Mitigated Jay 1 . Will the proposed action resolt In a physical cJ-tar,�e to the project site? Impact Impact PrOJOCt Change Examples that would a rI7►� Y l to Column 2 MNO OYES • any construction on slopes of 1 S � or greater, (IS foot rise per 100 ❑ foot of length), or where the ge lUg6, neral slopes in the project area exceed ❑ DYes No • Construction on land where the de;;th to the water table is less than Cl Oyes ❑No 3 fret. • Construction of paved parking area for I,r=; or more, vehiclFs. 0 Cl ❑Yes ❑vo • Construction on land where bedrock is expo od or generally within ❑ 3 feet of existing ground surface. ' ❑ ❑Yens ❑No • Construction that will continue for more than 1 year or involve more [� than one phase or stage. ❑ Oyes ❑No • Excavation for minin r ,,r ! 1; I u , ODES that would d rt-move" more than 1,OW [] n tons of natural mateMll b e., rock or soil) per year. `1 ❑ti'rs ❑I''o • Construction Of expansior, of a sanitary landfill. • Construction in a designated flcodway. ❑ ❑ ❑Yes ❑No • Other ,impact, ❑ ❑ Dyes ❑No ❑ ❑ Dyes ❑No f 2. Will there be an effect to any unique or unu:ti.31 land forms found on the Site?(i.e., cliffs, dunes, geolt-)gical formations, etc),L--Itqo DYES • Specific land forms, ❑ ❑ ❑Yes ❑No �. 6 1 3 . IMPACT ON WATER FSmll to Potaritlal Can impact ee 3. Will proposed actionaffect any water body designated as protected 0rat9 Large Mitigated say (Under Articles 15, 24, _25 of the Environmental Cur,servation Law, EC.) impact Impact Pro)eCt Chance ONO ❑Y;S Examples that would apply ,o column 2 Developablearea of site contains a protected water body. ❑ - , • Dredim more the 1 _ I G`►'eS ❑No � g n G) cubic yprds of r��atzriai fn:,m channel of a !J i-, protected stream. tes Chao Extension of utility distrit;ution facilities ihrQut,h a roe I b Protected water body .rJ' L.: i !;-Yes ❑No• Constructions in ¢ designated fresh aitr or tidal wetland. ►u; G • Other impacts: ❑`fes -No Oyes GNo 4 Will proposed action affect any non-protected existing or new body Of water? L7N0 ❑YES Examples that would apply to column 2 • A 10% increase or decrease in tf.a surface eaj G ar_� of any body of water `, G or more than 10 acre irtcraase or decrease. `'' yes GNo • Construction of a body of t�vate! thar e;;c+reds 10 acres of Surface area ❑ G ❑Yes ❑tia Other impacts: ❑ G ❑Yes []No S Will Proposed r-.ction affect surface or arour ;water quality or quantity? C;NO QYES Examples that would apply to co!untn 2 • Proposed Action will require a caischarpe permit • - G ❑Yes ❑No Proposed action req ;leas use r)i a sourcrj of d{;ter that does not ❑ �] have approv:►, to serve proposed (project) action GYes ❑No • Proposed Action requires water sup;)ly froavt wells wit," greater than 45 n gallons per minute pumping capacity. `—' G GY2s []No • Construction or aperat,c;n cau_irig any eontaminat;nn of a water [� supply system. -i ❑'ies []No + Proposed Action will adverse;y affect groundwater. ❑ t-� • Liquid effluent will be conveyed off thN Site to facilities which presently Q G -Yes ONO do not exist or have inadequate capacity. VYes No • Proposed Action would use water in Excess of 20,oW, gallons per day. Cl 11 -Yes ❑No PreposLd Actin will Irkel• r '� cause siltation or other discharge into an ❑ - �--i 1 existing body of water to the extent that there will be an obvious visual �-+Yes ❑No contrast to natural conditions. Proposed Action will require the storage of Patroleurn or chemical ❑ f prorlucts ;greater than 1,100 gallons. ❑ ❑Yes Q1Vo + Proposed Action will allow residential uses in areas without ►eater and/or sewer services. ❑ Q ❑Yes ONO • Proposed Action locates cor„mc•rccial andlor industrial uses which may Cj i require new or expansion of ex;sting waste trf—atr Brit and/or storage Coles ❑No facilities. I • Other impaci5- — ❑ G Oyes ❑No G Will ro os F p ed action alter drainage flow or patterns, or surface water runoff? 11NO ❑YES Exa,-;tp!es that would apply to column 2 + Proposed Action would change flood water.flows. ❑Yes ❑No 7 � � � 3 Sr11{�11 IO r''01eni! I Carl !rnpact 30 Modarate Large Miiloated By Impact lmpact Project Change ° PToPosed !s !r;�;:� ;� r*. .t_ f�Ye! ONO . ,�,JC`i]:%1 .vi ;,•. -'iIr)"'Pc !-;!itt'rnc I❑ I r--! t^ • Propot- d AC it n a.ytil .3:iC.a . �v:;• I — �iY_i ❑No in 4.' •'.:�:1?•:cii fI�QGtLVa f.' {� ri lam. r_ ° Other lit --------------- � �. I `J � '°85 L.i iG ! 1Ye. ❑No 7.r7i9CT .:i`l S�IrZ 7 Will piopJst_o �Ct)Un �:tt.=Ct A; t:lilniV, I C.itil7 J.1627tS f�afnNlPb ri'in: iViiJiG aPP!y TO coiul-nn ? ° Proposed Action wdl ;pduce i,'✓`Uvi Ur t .c.)re vehirie trips to any liven n hour ❑ ❑yes ONO ropose{i ,:^tiC;i? :Yi!l r;_ !sJ; (i ;hf= !;'•;n='citi0 t ri;0f2 than " ❑ n r� ton :if f2fU50 per h!;Uf. ye5 ❑i t0 • Emis!ion r'-t( (A tt]t i r_'_ilii.jr;}+i':._i(t!) ;Yli! c'tL,' Q 5 Jf•:>. Pvr 1cur or a !�I �� ❑Yes C.-i O ;.:ire V Prcpolel' aicz:w—i will 2!'S'0 ' 4"1 .;i. (Jl I f7 l� •tom .t;i.L .:i)C+CG+T1iTt:ttt;ri � LJ t �v to IndusbiVl uSl. vt indw l r: r itrlal ❑ ❑ uYes �i•�ClO�tf"ieftt LNiii';:;] :USttna ea l PAC T L 41 IN S A 'AAA B ,'dill Pro ostd 'r+,t°cL i uriy t ?rCit_`ntJ :lr:rCd species? 01•10 ❑Y[S I xampl., t s! Lvou;u Pply toy column _> • Reduction of ,]ne or n-:ore spL4cie; listed of, qi C F�N4I York or Feder, ❑ r, ❑Yes ❑No list, using th2 sit&, over or (near site or found on the sitij, _. • Removal of any portion of el Critical or s'W"if!cant wildlife habitat. ❑ ` ❑ ❑Yes ❑No • Application of pestici4:� or fte'r1;t41tlt� J,:ore Than t':viCa a year, other ❑ than for agricultur;:i purposes ❑Yes ❑No • other Impaces: �___.._ ❑ ❑ ❑Yes N. 4, Will Proposed Action substami;?Iiy Iffttt ter led or ^ non-endangered species? ❑NU ❑YES Exaa'splsf that w0111,1 apPJy to column 2 • Proposed Ar,tion "'ui,!d sus-istar;tially interff•re with any resident c,r ❑ ❑ ❑Yes rnigtatory fish, shelllmh or 4vllulJft: y;,:;ci�s. ❑No e Prcpcsed Akc.tion rucluiras ref i;;ar+: than 10 ate: s ❑ �l —? or in,aure ft�r;:st (rw�.r tr t ❑`tes Lrao 0 ,+.�t� o. aft') or !;: 'Gcally important vi'};E�tatltin f` .} �• 1i+7 s Cr l 41yL LAND ii7.c•.r:0�J i`•'•Sr lr� 10 '„,II the Proy;os2d Action .-ti!ect 19ricultu,al land resources? to column The proposed act;()n %yc)uld 'e-er, crc?ss or limit access to agricultural ❑ ❑ land (includes cropland, hayfields, ;)31,ture, vineyard, orchard, etc.) Dyes ❑No 1 2 3 Small to Potential Can Impact Be Moderate Large !'�Sitigmted By Impact I►1lpact (Prolect Change • Construction actjvity would e;cavate or 'cor1P,1c �t art soil profile of I--; agricultural land. p ❑ C GYPS LINO (' proposc-d action WOu{� ;;i V?r�IJi :.Onus,Tt ,mure th-n 10 acres Of agricultural land or, ,f IOcated !n an A ricultUia ` U �}''s than 2.5 acres of agricultural land I District, more + The Proposed action svOuid distupt or p.reyr r; ;n;t..ll land man3gerr,ent system> re ation of agricultural g., sUUsurface dram lines, outlet ditches, J I-i1e5 ❑;`lo Strip crOppang); or create a need fur such rne3s ,rc�s (�.g, cause a farm field to dram poorly duct to incrz aced runaff) • Other impacts: ❑ ❑ Gees ❑Np ON AE:-TH-71;C f r_f ;;nySJ2Oo3 11 Will proposed W,on affect aesthetic resources'{ O 0 ❑}FS (If necessary, use the V,;;,r;! EAF Addendum in Section 617211 Appendix G.) E-'drt3plen that would apply to colurnn 2 • Prc;pused land uves, of pro:ecr corrf;porents �t,viousl Or in sham contrast to current „ I Y C711flfent from Eyes �.rro:r,.c,ina Iand use Patterns, Whether No man-made man-made Of natural • PrOPOsed larid use,,. or Frofect components visible to users cf 1 aesthetic resources which s� ,ll :_I, r,,rtatr for sign;f,car,tly reduce their G El yes t^,l�o e(�Jay(nnnt GC the aestl"'tic quall0es of that resource. • Project cOmponents that will result lr1 the riirrriria[iGn u^r significant I ❑ 0 screening of scenic vieKs S�nc,wn to be rmpOrtant to the area. Dyes ❑No + Other impacts: . ------- ❑ ❑ ❑Yes []No 12. Will PropOsed Action i:;tpact any site or .struct;;re of historic, pre- historic or paleontological importance' L7,�O AYES Examples th<At would apply to colurnn 2 • Proposed Action occurring wholly or partially within or substantially C] contiguous to any facility or site listed on the SU,'a or National Register nYes ❑No of historic places. • Any Impact to do archaeolog,cal site or foss,.'• bed located within the ❑ rJ project site. Dyes ❑,Vo • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. ❑ ❑Yes ❑No • Other imparts: - — - © Q Gees ❑No IMPACT O?4 OPEN SPAC1 AND R-CREATION 13 Will Proposed Action affect-the ,quantity or quality of existing or future open spaces Or recri atl;:�n.d opportunities? fxamples that :vou►c! ar,P Y•' I r, column 2 t r: GNO ❑YES • The permar:ent foreclosure of a Future recreational opportunity., majorp�,ortunity., 0• A a;or reduction of an open Space Irnport"t to the community. G ❑ ❑Yes GNo • Other impacts Dyes G do i ❑ Q Dyes ❑No 9 Pt,C 1 �rATiY' n . o pISP)irtd+.l%() ;y sl CTP,c.t �vlitl ++ � �rf ?tE [ 1 PtfrCt an mF1 C! Be yCd3f8!e Largo Wiaied B� OY t l -f-c!= U a�3�:� sfr :tr+f �7ply to cu! 1)r anUe;Praj~ of :'i�.'�•:•!»)'!?Y;)t t;jt �•Ve dr�(�� '.�. "I { `-' �., ' t_1•1'p.) i.J SIP ❑Yes ❑14Irm"Po .CT ON -r:j.:t()>r a-iris 'p T+.ipC>ei.1 i:CtiGa �r.rr_- �:�i'a?l!:/li b' - .: i:f i::r_; r l ;iitNCr_� �r cni rey Supply? -,NO OYES Eza;n:,les that ►-:ou!d a0ply to ci,lumn ? i`fo+pcsed ACtIon ilili Cause a areazt-r than S% inc ease in tl:e use of � ❑ ❑ ❑Yes ONO :-ny +!JriT? 01 %:Aeryy in the MW)iCi;•ality. ;r-,;of vd Arbon will requai, tie cr�at:tin ur +:tt:?n:llii ` F'r:5�' � L% � ❑ ❑i t 5 ❑ I r'JI an en_ No rar:;r;:)ssiaa or s uppiy >ysterIi t:a 5rr.e races ;i do "il .in"le or '"wo f:tmiiy y i 5:1;I r)CT! 10 Seryc' Fr; - or cc+mnrTlelcla l I• r i f (: f--or i [ ;mpaCts l rJ nYcs ❑No ..ivSd Oa%`iY ... .. .il "n CTe li F.' �:.%IcClii:i u.`.its ijL�1rS. �i01iE; r + a,.- i Proposed :ycziurl? GNO CYES ?4Laij r ;f;.'y' tU Co!!!(1?:1. - 1 " �I+:l:+l;U Yvi[ia`•1! i•J'v''J •:-'tit :JI :l I:lj'i flit Hi. ';1�:'.�t`�l «r ii tri:�r 3Cn51Ii�:' 71 I I I-3I IU 1 r�� M i aiL silty. (-cur routir"C1 jr 14-;Jr is nhan cn;• hou! lair d. yj. '�.l �� ❑Yes 1- - +` local -i N U t ` ll � p ;�dtl toe:Cln yipf - ol e OYe) ❑No rrl)iil2nt riGlSe' IL'Vt!) fG'( rloisr •lnrti)d;: of SiT[ Ct aTCi ` ` Proposed Action bvill remove natural barriers that would act as a ❑ I n n Yr� JN r r t-. .r � noise screen. o Other impacts- ❑ l_J ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17 YVIII Proposed Action affect pubiic Keaith and safety? CNO OYES '»xarnpIEn that would apply to column 2 n P(opo;,o f Ac000 may eaU5-u a eisl of :'. �lUSlf.+rl or release of hazardous ❑ ❑ L.:Yes ❑No substances G,e. oil, pesticides, chemicals, radiation, etc I in the event of accident or upset conditions, of there may be a chi(onic loba level distinarge or er(li>sion F'TC�)'?if ri Action may r(-suli m tiw burhdi of -h; i rardoui =i'a>te's- in an-v ❑ ❑ ❑Yes ❑No fCrirl (I a tonic, p46onous, liltir)ly reactive, Tadloactive, irrlt+a+ting, inie ct;mjs, etc' ) r'� f r� l�7r f1r,8 i?flfil(;rl or tnCiTt i�dllCri)S Ui illl:Ifll'Cl IlcitU(aI ❑ Li i ❑Yt?S UfSio ,;as (ir uther Il.iituTlat;l� hqui+J> Proposed action may rilsult IT) 'Pt: t?ACdya,'11.A Or Oilier dlstJrbance 01Yes ❑NU wahin 2,C010 fer.•t of a site used for the disp05-:1I c•f sulid or 1,a/3rdous wa�ttl. Other impact:: _ ❑ Q ❑Yes ❑No 10 at- RACT CN-GP;0 VTH AND CHARACTER � z 3 OF COAMM LAITY OR NEICHMPHOO!) !'mail to Potential Can Impact Be 18. WiII proposed action atfect tare character of tI,. existin , Moderate Larg© Mltlgatad jay corllnlurlityf ONO OYES Impact Impact Project Change Examples that would apply to column 2 • The permanent populatrian Of the city, towrl or vijla�i- in which the ❑ ❑ ❑`des CNo prOlect Is 10cated is likely to gr)yV w•y morle them 5% ° The municipal budget tar capital Yxpenditure, or c,perating services I ❑ will increase b more than 5t,a 'zee ❑Yes No Y � year as a r..�ult of this project 0 Proposed aCtio:l will ci'nfhct with officially 1,jop ed plans or goals. ❑ • ❑Yes ❑rao • Proposed action will cause a c : rlok in the density of land use 11 r, �, I J L]Yes No ° Propo5ed Acton vIll replace of eli±'mate existing fJL":l:tic's, strUcturps IL—7 ^ i—or areas of historic importance to ti;Y community Yes L-i'No • Development will create a demand for additional commt.nity services 0 ❑ ❑Y'as ON (e.g, schools, poliee and fire, etc,) • Proposed Action will set an important precedent for future protects ❑ ❑ ❑Yes ❑No 0 Proposed Actiori will create or e iminate employment. I(1 ❑ ❑ C • Other impacts. ,-- ❑ Cl Yes No❑Yes ❑No 14 is there, or is tl-:efe 11"&ly to be, l,ubhc controv,-rsy re'jetc(I t0 potr+rtiai .dvcr,i r:r .iror.mrrital rrrlpactst ONO E]YL$ 1 r a e ) oul 'Czg Impact;tixao P�y i Ya p C00ol W Part 3 i Rexpans;hility of Lead Aaency mitipat d must be prepmr>,d if L"re or more it tpac?(s) is considered to ue potentially Iarke, Evert if dhe impact(5) rfsay be Instructions Discuss the followirlg ftir each impart ide titled in Column 2 of Part- 2: 1 . 3riefly describe the impact 2. Describe(if applical ll how the inlpaLt could 1e rnitif' „at,.d or reduced to a small to moderate inlpact by project changets). 3 Based on the information avail�ible, deicldr if it is reasonable to conclude that this Impact is important. To answer the ques-trim of importance, consider, • The probability of the impact �c curring •. The duration Of the Impact ° Its irreversibility, including per,n,:ni ntly lost resources of value • Whether the innp,ct can or wiU bP controlled • The regional comeq::ence of the impact ° Its potential diver_ence from lex"ll needs and goals • 1ti'hctiler .rrOv�n objections to .he project relate to this impact. (Continue on attachrnents) I I PLANNING BOARD MEMBERS " c SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman >= { =`` r,� .,.: �::: Y 4.. George Ritchie Latham, Jr. ':� ' '.'?- 'M1. .;, Supervisor Richard G. Ward Mark S. McDonald - 1 Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 1, 1991 David Young Village Marine P.O.- Box 1045 Mattituck, New York 11952 RE: Proposed Amendment to Site Plan for Village Marine, E/S Bay Avenue, 140 ' S/O SR 25, Mattituck SCTM#1000-122-3-15.1 Dear Mr. Young: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1991. Be it RESOLVED that the Planning Board hereby starts the lead agency coordination process on this Type I action subject to receipt of the Long Environmental Assessment Form. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bent Orlowski, Jr. ChairmanS a S; The lead agency will determine the need for an t impact statement (EIS) on this environmental the date of this letter, project. Within thirty days of please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (XJ This agency wishes to assume lead agent stat us tus for this action. ( ) This agency has no objection to Your agency assuming lead agency status for this action. ( ) Other. Comments: ✓f�� �Z�%Zt��,� �j�l��uc..eaC.fix--�� litc� Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. ✓ Chairman cc: Board of Appeals ✓Board of Trustees .ti. ✓Building• Department ✓Southold Town Board ✓Suffolk County Dept. of Health Services ✓NYSDEC _ Stony Brook ✓NYSDEC - Albany , S.C. Dept. of Public Works U.S. Army Corp of Engineers N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies y.,�� PLANNING BOARD MEMBERS ; ti r v- ,,:.; ;; ;;. a< %' � , ; Bennett Orlowski, Jr., Chairman rl � SCOTT L. HARRIS George Ritchie Latham, Jr. ��`$ `"f;., ,��,�,_ Supervisor Richard G. Ward �t Town Hall, 53095 Main Road Mark S. McDonald zu: Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 30, 1991 David G. Young Village Marine P.O-Box 1045 Mattituck,. New York 11952 Re: Proposed Site Plan for Village Marine E/s Bay Avenue, 1.40 ' S/o SR 25,. Mattituck, N.Y. Dear Mr. Young: This is to confirm the main points of a conversation we had during the Plannirig. Board's field inspection of this property on August 16, 1991. It was agreed that the proposed site plan will be changed as follows: 1. Landscaping will be installed in the front yard. . 2. The LILCO/NYTel. pole will be moved. 3 . The fence in the front will be moved back to make room for two parking spaces in the front yard. 4. Parking spaces will be allowed along the bulkhead. They will be placed behind a planter that will be continuous except where there are entrances/steps to the dock. * (Parallel parking spaces should be no smaller than 9 ' by 251 . ) 5. The grade of the property shall slope away from the bulkhead and planters towards the north. 6. The use of Bluestone throughout the site, except for the landscaping areas will be acceptable. 7. The 20 ' buffer will be reduced to 10 ' along the northeastern property line, next to the residential zone, provided it is heavily planted. E; 8 . The plan will show a boat storage area east of the new addition. For your convenience, I have enclosed the sketch that was used during our discussion. It has been revised to incorporate most of the changes noted in this letter. Also, .as discussed at your July 29th meeting with Valerie Scopaz, please include the drainage calculations for the entire site, the location of the boat washdown pad, the location of the pump-out facility, a copy of the DEC permit and a copy of a completed long environmental assessment form. Upon receipt of eight (8) copies of the revised site plan,the Planning Board hopes to start the environmental review. If any questions or concerns should arise, please do not hesitate to contact Valerie Scopaz of this office for assistance. Very truly yours, Bennett Orlowski, Jr. Chairman Enc. VS:vs cc: Victor Lessard, Principal Building Inspector Gerald Anderus, Gluekert & Wieber, Architects Charles Bowman, Land Use Co. P.S. The enclosure is hard to read because it is a copy of a tracing paper sketch superinposed over the blueprint. Changes are noted in red to make it easier to read. i - MEMORANDUM TO FILE On July 29, 1991 I met with Dave Young, one o the owners, and his consultants, Chuck Bowman and Gerry ?A"� purpose of the meeting was to help the applicant bring the site plan into compliance with the Zoning Code and the conditions imposed by. the Zoning Board of Appeals. Please refer to Planning Board letter of July 24, 1991 for details as to what is wrong with the site plan as proposed. This meeting had been in the works for several weeks. A revised site plan was sumbmitted on May 16, 1991. It1was reviewed by the Planning Board on May 30th. Originally the Board decided to send a general letter notifying the applicant of the problems with the site. I made the decision to call a meeting of the applicant and his consultants for two reasons. First, . it seemed that there was incomplete communication among the parties representing the applicant. Second, it was difficult to both describe the problems with the site and to propose alternative solutions in writing. It took more than two weeks to arrange a mutually convenient meeting date. At the meeting, I explained the technical and design insufficiencies with the proposed site plan. I also made some suggestions as to how the design problems might be resolved. Dave Young wanted to think about some of the suggestions before instructing his architect to make any changes. He felt that some of the suggested design changes might not work. The next day his architect faxed a sketch layout, which included some of the design changes that I had suggested, but which Mr. Young had said he did not want. I called Mr. Young to confirm whether the faxed material reflected a change of mind and was told that they had not seen the new sketch. I received a message from Mr. Young the next day or so asking if I would come down to the marina with the site plan. On August 7th I did so. I spoke with Mr. Young' s partner, Pete. He indicated what changes they felt could be made to bring the site into compliance. After that meeting I drew another sketch layout to illustrate where they feel the parking could be located. Both sketches are on the same piece of tracing paper in the file. S ,i On August 8th I reviewed the applicants' suggestions with the Planning Board. The Board decided they should .walk the property before coming to any final decisions. They set an inspection date for the 16th at 3: 45 P.M. GLIJEC."KER-1 AND Yi I E R A H T RCH uzv 300 Wheeler Road - Suite 303 HAUPPAUGE, NEW YORK 11788 DAM JOS (516) 234-4897 AT INTION To WE ARE SENDING Yot) g4oA'ttach, > d Q Under saparate .covor via tha following 13 Shop drawings 74;7 [2 Prints 0 Plans 13 Samples El Copy of latter 13 Change order 0 CoaIES DDT DESc7ji;r- ;N7 _7 THESE ARE TRANSMITTED as checked below: 0 Fo,r approval 0 Approved as submitted 0 Resubnitcop,03 tzr 0 For your use 0 Approved as noted 0 Submit— coplits fe_x d;sif'61z.' 0 As. requested 0 Returned for corrections 0 Return-CorrectL%i prIM,3 eror review and comment 0 11 FOR BIDS DUE 13 PRINTS RETURNED AFTER LOAN Te) Os AFMAR J .2 ------------ Copy To If Imo. evo q-e kP✓f' - .-• 1 - � l i 1 _ � _ ��L�J t�_F..t N 1 ._.�+ 1 G L" t 1�. ' z 3 1 :..., b \f O • -7A ram: New York State Department ct�, environmental Conservation Building 40—SUNY, Stony Brook, New York 11790-2356 (516) 751-1389 able Thomas C. Jorling Commissioner June 20 , 1991 Charles W. Bowman Land Use Company 2576 Sound Ave. Baiting Hollow, N.Y. 11933 RE: NYSDEC Permit Application #10-88-1869 Village Marine Dear Mr. Bowman: The Department has received the copy of the Town of Southold' s action on the zoning board" of appeals for the above referenced application. Please submit 3 copies of the final proposal, and a location map (coordinates must be entered into the Department' s computer) . Be sure that the plans are dated (with any revision dates notes) and the preparer' s names is on the plans. For clarification, please submit a current project description. Sincerely, Karen A. Munze Sr. Environmental Analyst KAM/rw cc: Village Marine .�T6wri "of oi'£ io1d'plannl nq Bd.-,�- file 'J o��S�fFO(�-cOG TRUSTEES �� y John M.Bredemeyer,III,President coSUPERVISOR Henry P. Smith,Vice President coo SCOTT L. HARRIS Albert J.Krupski,Jr. John L.Bednos1d,Jr. 'f1Q1 �a0 Town Hall John B.Tuthill 53095 Main Road P.O.Box 1179 Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD June 11, 1991 Land Use 2576 Sound Avenue Baiting Hollow, N.Y. 11933 RE: Village Marine Permit #10-88-122-3-15.1 Dear Ms. Lachenmeyer: The following actions were taken by the Southold Town Board of Trustees on June 6, ' 1991: RESOLVED that the Southold Town Board of Trustees approve the , request for an .extension to permit #10-88-122-3-15 . 1 to expire on April 28 , 1992. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M.. Bredemeyer, III President, Board of Trustees JMB: jmt / f' PLANNING BOARD MEMBERS �y ,.y;. ��n�+ e SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman :' ar try r Supervisor George Ritchie Latham, Jr. X, Richard G. Ward '�(v'c-y; 1 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 .July 24, 1991 Carmine Grasso Gluekert and Wieber, Architects 300 Wheeler Road, Suite 303 Hauppauge, New York 11788 Re: Proposed Site Plan Village Marine Peconic Bay Boulevard, Mattituck SCTM # 1000-122-3-15 Dear Mr. Grasso: This is to confirm that a meeting has been set for 10 o'clock A.M. on Monday, July 29, 1991, at the Planning Board Office. It is our understanding that a representative of your office will be present, along with Ms. Lachenmeyer of the Land Use Company, and the owner, Dave Young. The purposes of the meeting are first, to review problems with the proposed site plan that was submitted to the Planning Board, and second, to arrive at solutions. The following list illustrates the topics that will be discussed at the meeting. First, some elements of the site plan do not conform to the zoning code. For instance, the design of some of the parking spaces is not in accordance with the requirements set forth in the Zoning Code. Second, some of the required elements of the site plan are missing, such as the location and substance of the landscaped buffer areas and landscaping specified by the Zoning Code. Other missing elements include the locations of the curb cut, the boat wash down area, the dumpster and the pump-out facility. Third, the proposed location of the parking spaces is not acceptable. Fourth, the proposed drainage plan does not accomodate the runoff from the entire site, as required by the Zoning Board' s approval. At your request I have enclosed a copy of the comments, questions and suggestions that were placed on the_ site plan by Planning Board and staff. This copy is enclosed for discussion purposes only. Incorporation of all the site plan elements mentioned above into the site plan will result in some changes to the proposed layout. Please bring with' you a copy of the New. York State Department of Environmental Conservation' s permit; and a completed copy of the full Environmental Assessment form. A blank copy of the assessment form has been enclosed for your convenience. We will need a copy of the proposed floor plan, showing the square footage within the existing and proposed building that will be dedicated to each of the projected uses: office area, repair and servicing, storage. In closing I would like to repeat that the purpose of the meeting is to decide how to best bring the 'site plan into conformance with the Zoning Code and the conditions of approvals by the Zoning Board of Appeals and the Trustees.. We look forward to meeting with you and your client on July 29th. Very truly yours, Bennett Orlowski, Jr. Chairman Encls. cc: Dave Young, Village Marine Tanya Lachenmeyer, Land Use Company yy I < • .017 mv oL: '� ••' -.:� � "�-� �..- �. ag a ! a,a�rQ*t � n s."r':�__-----"'"'T ,�-Y �x r \ 3 ! \ ° I# �..-_ ».$-.'� M*;?x��`e.�— r, ;;L' :,..a'"ac c-•^r•`. i T,-. T•a 9,r kS a ''g. rE3 t ($�,1 q i Vi ✓Ll��`� �'tfY%r4�i t".`i,✓.��J/•��+�_ t�/� i Fk �° ..' T � � I 1�1 OIL 7 + �' ` F}� �:. �;�.�. \ \ ,� s•.�1.-i Y,,(�J�+r� r:_� ��� ..rYJ {•w^Ic! ,F•- � = - .. G•4 --'+•� � �•-•---i �. '�� �y:ri`\ Qr (.,'./%v t � '�. •t' }�'r sy Y'S'�'"c� 0�� 12 4-•�J. / ��� r '1t 1 '•h {,y-" `k^`,.. '� \ ey �� •!^? - .�., '"1 ''.C� -r' n` nd'e.J'��i, ` i y,.. may` '"+k' DV' \ to`ZS!�,� •� "��-� r,. j 4� .._,ya' ..(,I },��� r` � •� `^1 i. � rt '+.riQ "h r � - `\ `!`• ..-�+"� Wit"' /`� I P ��i•t x4 y :ran�, � \��.1' tT„ r; F f `� ?.� v. \ 1, � Fx'��1 �'•� , v -N \ \ *..i'•:'-r' e •-.+ids � '41y i; %� .it �•. -, FMB - ' 6 7 �r f t,1: F!• �l � '�„ '. �•i��•} Sil f.•S�'i �� a- of � � r 3 '� ' 1' cti ;f _ `idi 4,�!: :y L? .t t �7(+ y r �l• -•�� A F ;ems WWM-006 (Rev. 6/89) ` RECEIVED APR 2 5 199r' Notice No. SUET= C XW7 DEPART OF BMTH SERVICES FROM: Bureau of Wastewater Management 3 0D l.J 1,.ee l ec- S v,40_ 3o Z Suffolk County Center 11-7 2 R Riverhead, New York 11901 P.E./R.A./L.S. Plan No. 516-548-3312 �� Q rd NOTICE OF EMMMETE APPLICATION - C:ONMERCIAL H.D. Ref. No. C 10 - ok ( --to Applicant ����l Q r{�.i�Q T.M. Designation Article VI & Article VII Zone ------ -- FOLIAWING_IS REQUIRED IN ORDER TO CONTINUE REVIEW ON THE ABOVE PAPERWORK RED [ ] Town and/or Village Zoning Letter [ ] Public Water/Sewer Availability Letter [ ] Completed Application Form WWM-004 (3 copies) [ ✓]'NYSDEC Wetlands Permit or Waived[ ] SEQRA Determination [ ] Restrictive Covenants: Art. 7 Other [ ] SPDES Fore [ ] SPDES Site Plan 8 1/2" x 11" [ Processing Fee 4 3�•Q ��. [ ) SPDES Fee $50.00 $75.00 [ ] Denitrification Permit Application [ ] Monitoring/Sampling Plan (8 1/2" x 11") [ t Review Board Determination INFORMATION MISSING AND/OR CORRECTIONS REQUIRED )N PLANS [ J Tax Map Designation [ ] Plans Not Signed/Sealed [ ] Metes and Bounds Description [ ] Industrial Statement/Signature [ ] Lot Size [ ] Deed Location [,�]� Sewage System Plan/Profile [ J Key Map [ �]'Test Hole— as u,�4Y,ess [ �]s Gallons/Day/Acre Sewage Discharge [ �Grross Floor Area of Buildings UY scup 1{S [�YSewage Disposal Design Calculations [ All Surface Waters Within 300' [ ]Private Well Details and Location Insufficient Denitrification Details ( ] [ ] Public Water/Sewer Line [ Neighboring Wells and Sewage Systems [ ] Expansion Area for Sewage Systems Within 150' of Property [ ] Site Statistics [ ] Monitoring Well Detail and Location [ ] Capital Costs of Sanitary System or [ ] Latitude and Longitude Description Capital Cost of Denitrification [ ] Operation and Maintenance Information [ vfProject does not conform to Department standards. See Notice of Non-Conformance. [./j Comments: ' bl� vrea�s _ c smcr5 L.,?- is ug J. er-is'(-i Q4o0 ���- y� „� , �,��� >�. r�►so - To��,.� 2e_e -N �jS �--�- s Leo,,.. .z,•e`� 5�� bz,--�' s�.�.-�e � ec,cl. bll Des, . �/ 0. Oro- f2C• :,� C��� -�-��5 y cc Ut ,e /�c�ecL Jae c- s+ hole ors tin �ay c� 4, [ t/] Plan review is being coordinated with the foil°wing. royal c their review and permit issuance where applicable. Approval Ot granted without [ vf� • VII [ t Art. XII ( ,T*Water Quality [ ] Ecology [ ] DPW [ ] Oil Tanks C Date L[ '� L 1 I1'( Lv ;''°'� O�cJ COGyJ► Z .L PLANNING BOARD MEMBERS 'Zt+ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y0 O� Supervisor George Ritchie Latham, Jr. Richard G. Ward l Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICESouthold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 S ' � r19 9I RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your Jurisdiction in the action described below; , Your interest in assuming the responsibilities of lead agency; and Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: J Requested Action: a SEQRA Classification: ( x) Type I ( ) Unlisted Contact Person: j ✓G ( 516) -765- 93 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (><I This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. Comments: Please feel free to contact this office for further information. * Sincerely, Bennett Orlowski, Jr. Chairman cc: ✓Board of Appeals * ✓ ,-'Board of Trustees,� ✓Building' Department 4e ✓Southold Town Board ✓Suffolk County Dept. of Health Services$ ✓NYSDEC - Stony Brook. ✓NYSDEC - Albany-* S.C. Dept. of Public Works U.S. Army Corp of Engineers N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies i 4 'b-2-(2j87)--7c 617.21 SEAR r Appsndix A State Ettvironmontal Quality Raview FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full LAF 15 ilesigned to help applicants and agencies determine, in an orderly manner, whether a project or action may be significa,,t. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are asp,;cts of a uretect that -ire subjective or unmeasureab;e. It is also understood that those who determine significance may f,ave little or no tormai knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge ,ri one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the cimermination process has been orderly, i.amprehtin;Ive in nature, yet flexible to allow introduction of information to fit a project or acuon Full EAF Components: The full FAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site, BY identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and J. Part 2: lotuses on ident,fy:,,u the range of possible impacts that may occur from a protect or action. It provides guidance as to whether an Impact is likely to be considered srnall to moderate or whether it is a Potentially- large impact The form also identifies whether an Irtlpact can be mitigated or reduced. Part 3: If any Impact in Part 2 i; Identified as potentially-large, then Part 3 ,s used to evaluate whether or not the impact is actually important. DETEIRMNATION Of SIGP41FICA CE—Type 3 and Unlisted Actions Identify the Portions of EAF completed fr,r this project: Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each irnpact, lead agency that: it is reasonably determined by the ❑ A. The project will not result In any urge and '-mportant irnpact(s) and, therefore, is one which will' not have a significant impact on the environment, therefore a negative declaration will he prepared. Q B. Although the protect could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIW4EO negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a signiticant inlpdCt on the environment; therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Village Marine - Proposed Float: Repair!Storage I ° lding ri Name of Action �J PSOUTH�OLD A�D---- fVarne of Lead Agency _ Print or Type Narrte of Re;Fonsible Officer in Lead Agency Title of Responsible Officer R -�-� Signature of Responsible Officer in Lead Agency Signature of Pre r(If different from responsible liter) 9/30/91 Date 1 PART 1—PRW G a INFORMATION prepared by project Sponsor 1cant effect sed y have a Sig i NOTICE. This document I5 d nRnieletthesel5t in ntire form, Parts sgAvthrough Chether .. Answers action too these rquest questions w"Ii be,considered on the environment Please p as part of the application for approval and may be subject to further verification and aubllc review. Provide any additional, information you believe will be needed to complete Parts 2 and 3. It is expected that completion Of the full I:AF will be dependent on inf°rmation currently available and will not involve r, r8 ui--' such addiiiona! work is unavailable, so indicate and specify new studies, research or investigation. It InformatUo each instance. ` NAME OF ACTION Pronosed Marine Repair/Starage Buildin LOCATION OF ACTION tlnciude Stngit Addraea, MunICIpauly ana County) 1 I r x•1a tt it�)eh ! S',)ffolk -. 1 1 ] Day tiz'i ti UE r uUSINESS TELEPHONE NAME OF APPLICANTISPONSOR (516 r 298-5800 Village Marine ADDRcss p. 0. Box 1045 STATE ZIP CODE CITY;ao N . Y . 11952 bla t t 1 t U C K, BUSINESS TELEPHONE NAME OF 01NNER(It d111ar-hnl) ( ) ADDRESS STATE YIP CODE ---------------------- CITYIPO pESCFIPTION OF ACTION PLLASE SEE ATTACHED PROJECT DESCRIPTION please Complete Fach t a0st.0"—E—r"".ate 'N.A. if not applicable A. Sits Description Physical setting of overall project, both developed and ndeveloped areas. 1. Present land use: F-Urban CIndustrial ,Commercial QResidential (suburban) Mural (non-farm) GForest DAUriculture E30ther 2. Total acreage of project area. - . 54 acres. PRESENTLY AFTER�OMPLETION APPROXIMATE ACREACE 0 acres acres Meadow or lirushland (Nan-agricultural) 0 acres 0 acres Forested 0 0 acres pasture, etc.) acres Agricultural (Includes orchards, cropland, p 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area �� acres Unvegetated (Rock, earth or fill) acres acres - 1 q acres Roads, buildings and other paved surfaces . 35 acres Other (indicate type)Gravel at Stara^e P3rkitl�A> ea . 40 acres 3. What is predominant soil, types) On project stet Rd •- Riverhead Sandy Loam 100 % of site pModerately well drained % of site a. Soil drainage: Well drained .— (]Poorly drained °% of site b. If any agricultural land Is involved, hog., many acres of soil are classified within yo+l group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). 4, Are there bedrock outcr°ppinas °n project600+ sitet ❑YesN° a. What is depth to bedrock( (in feet) 2 PROJECT DESCRIPTION - VILLAGE Mi "7NE Applicant proposes to xermove existing 26' x 36 ' metal building and construct a IIf 60 ' boat repair and storage building. Proposed building location is 28 . 61 landward of .the existing bulkhead and r-squires a -so variance to the regulated 75 ' setback. Additionally, applicant proposes to pave, with asphalt, a 595 s.f . area landward of the existing bulkhead. As mitigation, applicant will install drainage pools to contain stormwater runoff . z i '5. Approximate percentage of proposed prc:lect >;tv vyith slopes; 10111i 100 % O10-15% % Ell S% or greater % 6. Is project substantially contiguous to, or c- rain a building, site, or district, listed on the State or the National Registers of Historic Placesl [Dyes 0 7. Is project substantially contiguous to a site heed on the Register of National Natural Landmarks? Dyes XN0 8. What is the depth of the water table? 0 1 —8 . (in feet) 9. Is site located over a primary, p(incipal, or sole source aquifer? Dyes �Na 10. Do hunting, fishing or shell h5hing opportunities presently exist in the project area? Oyes 7 ,No 11. Does proiect site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes No According to Field Inspection Identify each species 12. Are there any unique or unusual land forms on the project site? 0,e.. cliffs, dunes, other geological formations) []Yes XN10 Describe 13 Is the project s�tresently used by the community or neighborhood as an open space or recreation area? UYes 90 If yes, explain 14. Does the present,'Vie include icenic views `mown to be important to the community? 0Yes PNO 15. Streams within or contiguous to project area. James Creek _ a. Naane of Stream and name of to which it is tributary Great Peconic Say 16. Lakes, ponds, wetlarid :trees within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilibcs? Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? XYes L7No (Mxpansion of existing use) b) If Yes, will improvements be necessary to aliaw connection? QYes AN 18. Is the site located in an agneoltur-1 district certified pursuant to 'Ajsricultuie and Markets Law, Article 25-AA. Section 303 and 3041 Dyes wo 19. Is the site located in or substantiall contiguous to a Critical Environmental Area designated pursuant to Article 6 of the ECL, and 6 NYCRR fi17? Yes ❑No (Tributary to Peconic Bay) 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes ONo 13. Project Ias cription 1. Physical dimensions and scale of project (fill in dimensions as appropriate) . 54 a. Total contiguous acreage owned or controlled b, r ject sponsor acres. .05 (expans c5on`� b. Project acreage to be developed: acres initially; • 05 acres ultimately. c. Project acreage to remain undeve)oped 0 acres. d. Length of project, in miles; n a (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed n/a f Number of otf-street parking spaces existing' 5 proposed 10 g. Maximum vehicular trips generated per hour 8 (upon completion of project)? h. If residential: Number and type of housing units. n/a One Family Two Family Multiple family Condominium Initially Ultimately i Dimensions (in feet) of largest proposed structure * heisht; 60 width, 40 length. 1. Linear feet of frontage along a public thoroughfare project will occupy is? 50 ft- 3 *less than 35 ' rtMOVE!d f(OM thle Site? 0-- tonsicubic yards How much ural !�NJA vvi:l disturbed areas be recialme& 0yes e. If YL-s' for whit if-i'lend-cul pufPOStf is .hie Site being reclaimed? b. 1,PjJ'k topz.oil be snockpilc-d fC1F rt!CIAO'ati0n? 11 Yes - 'o 11,No C. Niii upper Subsoil he SlaCkPlielcl fOF I - I U c-c--fers) will be removed from 51te! 4. How manY �Icres Of vf-6e1a'l!(;n important v�-gciaiirjn be rornoved by this PfoilKt? S. "Vill arl'y Mature forest Cover 1,W -v-arq oid) or ether loci-HY- 0 3 .U. if single phase proje ;tion). ct: nuc;p.-ted periou of C-0-MtructiOn 7. if muitj-phjsed n/a Total r.urnber 0; pi)ase$ (number), a. ing demolitioni. h. Anticipated date of con'.1-Tiencernent phase 1 — month year, linclud a C. Approximate cornpietion date of final phase _ incinth Year. d. Is phasz? 1 functionally cdc-p-enudent on sul-sequent phases? 10 No `,Vi iw-lcistingl occur during construction? C5 �' `)o 5 after project is Complete 2 Generated:9. Number of jobs Generated: dui-in3 co,-Istrocdoll 0 10. Number of jobs eIirmnated by this project -- X 1,. project require felor-at;0,11 0! any prcii=ct- Or Dyes 040 If yes, explain z 12. i5 suriace liquid wa5t(! disposal '1:t'OIvLd1 V� a. If yes. indicate of Waste (sewage, industrial, etc.) and .amount b. Name of water body inri-, which etflut-ni: .:'ill be discharged *existing 8anitzary system, to be ; 13. is Subsurface 11qU t" waste disv-osai trivolved? [-J,.e s Type 14. Will surface area of an extstina water body incr--*Ase or decrease by proposal? Dyes DNo Explain . 15 is project a, any portion of project 61acated in, a 100 year flood plain? Ayes ON, o .- 16. will the propect generate solid waste? No a. if yes, what is the arnount Per man I th tons b. 11 yes, will an tfxistl,)Z solid waste f I acility, be used? Dyes ONo ut'hold, N.Y. C. If yes, give name .-Southald To,wn T—andfill location o Dyes 0No d. Will any Wastes not -go into a se-wallp- ditposal system or into a samotary landfill? e. if yes, explain 1 T Will the protect involve the disposal 0 f solid waste? [3yes �0 a. if yes, what is the anticipated ratv;ol disposal? _— to-ins/month, I b. it yes, what Is ibe anticipated site life? -- ears, I Ia. Will proj�-ct use herbicides or pesticides? Dyes 0 19. Will project foutineiy produce odors (more than One hour per dlv)? OYI-S se levels? Dyes o Will project product, opoperatingC,0 1 ie exceeding the local ambient noise I use? yes E]No electricity, 1'eahin(A" l 21 yv'll protect rt�-suit in an increase in energy w Oi If yes , indicate typHs) **(existing facility !f water supply is fr)nl I11111cate pumping Capacity t no increase needed) 23. Total -.ntsclpated usage per day gallongMay.. 24- Does project involve Local, Mate or F funding? cyes If )i'es' explain 4 )5. Approvals Required: Submittal Type Date City, Town, Village Board QYes City, Town, Village Planning board Y �et ENO ite Plan Approval City, Town Zoning Board I , e, No City, County Health Department 1'es CNo Sanitary System'rUpgrade rending Other local Agencies []Yes &No Other Re®,onal Agencies CJYzs AN i State Agencies �41'es ONO N.Y•S.D•E•C.- Art, 25 1g/a'3 Federal Agencies i C. Zonlna and Planning Inlormatlon 1 Does proposed action involve a planning or zoning decision? lYes ❑No If Yes, indicate decision required- Ozon,ng amendment Qtoniiig v I ariance ❑special use permit C]subdiv,sion site plan ❑new/revision of master plan ❑(esource management plan Clother X 2 What is the zoning the site? M-1 S What is the Maximum potential deveiot.,rnent Jf the site if developed as permitted by the present zoning? Marina 4. What is the proposed zoning of the site? M-i 5. What is the maximum ;.potential development cif the site if developed as permitted by the proposed zoning? Marina 6. Is the proposed action consistent svIth the recommended uses in adopted local land use plans? Yes ❑No 7 What are the predominant !and uses) and zor)ing classifications within a % mile radius or proposed action? Existing cometcial develoT:ment north, east & west; residAntial develoomient south 8. Is the proposed action compatible with adjoining surrounding land uses within a 1/4 mile? T Yes QNo 9. If the proposed action is the subdivision of land, how many lots are proposed? n/a a. What is the minimum lot size proposed? i 10, Well proposed action require any autl>Orization(s) for the formation of sewer or water districts? Dyes No 11 Will the proposed action crept a iie fire protrctls�nj? I lYes mand for any community provided services (recreation, education, police, Lo . a. If yes, is existing caoacity sufficient to handle projected demand? ClYes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes o a. If yes, is the existing road network adequate to handle the additional traffic? CYes ONO D. Informational Detalls Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them E. Varlilcatlon I certify that the information provided above is true to the best of my knowledd Da Applicanci� r Name Tanya Lachenmeyer/l and Use Company for Vi llageemarin e 9/30/91 Sian cure '{ -� t��Q-C-�V�-� '�!�s, F'm jfect Manager 7iNN g If the action is in the Coastal Area, and you are x state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Responsibility of Lead Agency coneral Information (Read Carefully) • In completing the form the reviewer should be guided by the question: have my responses and determinations been reasonablel The revietiver is not expected to be an expert environm(,ntal analyst. Identifying that :in impact will be potentially lar,;e (Column 2) dots not mean that it is aiio necessarily .sianrficant. Any IarRe ifrnpact roust he evalu--te-d In PART 3 to determinti significance. Identifying an irrlpact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing tyres of impacts and wherever possible the threshold of magnitude that would trigger a response In column 2. The examples are generally applicable throughout the Scale and for most situations Hut, far any specific project or site other exariiphws andior lower thresholds may be appropriate for a Potenoil Large Impact resp^i se, thus requlring, evaluation in Part 3. • The impacts of each orelect, on each site, in each locality, will va y. Therefore, the examples are illustrative and have beer,offered as t;'-iidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the impurtance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 gwer jior•s in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as yes answers. c. if ansvvering Yes to a question then cheer, the appropriate box (colurnn 1 or 2) to ind; aty the potential size of the impact. If innpact threshold equals or e,ceeds arty example provided, check column 2. If impact will occur but threshold is lower than example, check column 1 d. if reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 e. If a potentially lame impact ch�lckz cd In column 2 can be mitigated by changes) in the project to a small to moderate impact, also check the Yes box in colurnn 3. A No response indicates that such a reduction .is not possible. This must be explained in fart 3. 1 2 3 Small to Potentiai Can Impact Be Moderato Largo Mitigated By IMPACT cT LAND Impact Impact Project Change 1 Will the proposed action result in a physical change to the project site{ MNO ❑YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 root rise per 100 ❑ ❑ ❑Yes ❑No t foot of length), or where the general slopes in the project area exceed t 10%. • Construction on land whore the: dipth to the water table is less than ❑ ❑ ❑Yes ❑No r 3 feet. F • Construction of paved parking area for 1,M) or more vehicles. ❑ ❑ ❑Yes El No • Construction on land where bedrock is exposed or generally within ❑ i❑ ❑Yes ❑No 3 feet of existing ground surface. ' • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would ren,ovs more than 1,W-0 ❑ C El Yes ❑No tons of natural material (i.e., rock or soil) per year, • Construction or expansion, of a sanitary landfill. ❑ ❑ ❑Yes El No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other Impacts �_ _ Q ❑ Oyes ❑No 2. � i effect to unusual �V ll there be an of any unique or .in.rsu_l land forms found on the site?(i.e., cliffs, dunes, geological formations, etc )OINC) OYES • Specific land forms. ❑ ❑ Oyes ONO 6 5 � 3 Small to Potential Can impact Be IMPACT ON WATER Moderate LarCe Mitigated By 3. Will proposed action affect any :eater body designated as protected? I impact Impact Project Change (Irnder t,rticfes 15, 24, 45 of the Environrnentai Corservation Law, FCL) . ©NO ❑YES Examples that would apply to column 2 j Developable area of site contains a protected water body. ❑ ❑ � ❑Yes ❑No e Drediing more than 100 cubic yards of innateri;al from channel of a ❑ l Oyes 0N0 protected stream. I I Extension of utility distribution facilities through a protected water aody. Yes ❑No Construction in a designated fresh%:.,ar r or tidal aietland. ❑ ❑ ❑Yes ❑No Other impacts: _ _ ❑ ❑ ❑Yes ©No 4 Will proposed action -affect any non-protected existing or new body of water? ONO DYES Examples that wou!d apply to column 2 9 A 10% increase or decrease in the surface area of any body of water ❑ t❑ ❑Yes ONO or more than a 10 acre irn:re ise or decrease, Construction of a body of :eater that Exceeds 110 acres of surface area ❑ ❑ ❑Yes CNo Other impacts: __ _ ❑ ❑ Dyes ONO 5 Will Proposed Action affect surface or groundiviaier quality or quantity? CINt.7 DYES Examples that would apply to co!urnn 2 Proposed Action will require a discharge pen-nit ❑ ❑ ❑Yes ❑No y Proposed ?.coon requires use of a soc::ce of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed (project) action Proposed-Action requires water supply from welts with greater than 45 ❑ ❑ []Yes ONO j gallons per minute pumping capacity. Construction or operation cai.:_ing any contamination of a water ❑ 11 ❑Yes ONO supply system, Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ONO • Liquid effluent will be conveyed off the site to facilities which presently ❑ ) ❑ ❑Yes ❑No do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,(M gallons per ❑ ❑ []Yes ONO day. v Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. f Proposed Action will require the storage of petroleum or chemical ❑ Q ❑Yes ON products greater than 1,100 gallons. o Proposed Action will allow residential uses in areas without ivater C] ❑ ❑Yes ❑No and/or sewer services. s Proposed Action locates cor-nrnercial and/or industrial uses which may ❑ ❑ ❑Yes ONO require new or expansicii of existing waste treatment and/or storage facilities. -�� • Other impact!' —_ ❑ ❑ [has ❑No 6 Will proposed action alter drainage flow or patterns, or surface water runoff? f]"d0 DYES Ex,ampies that would apply to column 2 A Proposed Action would change flood water.flows. Cl ❑ ❑Yes ❑No 7 2 3 4mall to I Potential Can impact se gndeMte Large "Mitloated By impact hmpaCt i Project C7ange e aro,..,OSea A:tion T v CduNc I ❑Yes "'I No '� f'iopOSE' J I\ [i'::•il ii}�� .,t C:iJ:. :dr`fl r ri.V f »t;' nc• j� I �I r ~'ya- �N' [_..1 4 Y Yra`.,fJ �-'.�-t hf[SL'il r.i'lil :ii<L+'N :i?`l 'I•: lii >'i Ii�'.i Y. ^Ii i�+.�sU(±I�i.l(�Ly�J�. �.d 1'�,�.IidS �-.i I'�Q a Other ,, _ [ ❑ i❑Ye ❑rac 1 A(C 3 a`i r!� r-�b 7 'Will pr=o PoSed !Ctlon atrl ct air qualit"'? GNO LJ I a_J Exampieb t('ia would ldppi; io Coiumn e Proposed Wiij ;nduce 1,0W w . lore ehiri-_ trips In any Given Yes No hour. i aCu Af- !Gill vv:ll ri quit in -hs' ., ^; 'atlD•'; c:f rnore than " ton i,f ❑ ❑ -"Yes ❑^jO refuse per hour. i F S C^J O 9 heat rut,, 0 totai coal:. (Toi;arits "Ili - ceed 5 ibi, par r?our or a :� V.: _ i C heat stj U!(.e rtudu?Ing rncre thwmii 1 1-,'dh-_"ri _17 S ri r hour. p j ^ 1 r--7 1 n (� 1 rcposed a-?i2ri will .3.Iji;;i� 4n ;nrl[.:t7-it{ri thin- ...,. imt of !chid:.4JrrlmittL�.l ; �-� i L-� Yi�.S '.-..d�i`�0 to industllvd use ' n f rcpos_i c:`.11�ire w :; ..,,,�.. .: �i`�'rice r :i- .__7'say ->f industrial ❑ � El, LlY$$ ❑I`�O developmentL4'{i';fii s? S`-itr?S ;t:1sJSt'.ai . ra`S. * Ocher impacts - ------ — _ D ❑ ❑Yes ❑too 8 ;'dill Propox,:d AC11-on aftect any lhie atoned Gr es dangered species! DNO DYES Exarnple3 t:;at w-_LI 2pfaly to 0iu Fri n 27 , o Reduction of.orw more ore species „ listild on , r New Yorr oryfeder_il ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. a Removal of any portion of ri critical or si6nihcant v..,ddhfi habitat. ❑ `i ❑ ❑Yes i-1No • Application of pesticide or htcf i(-idt, ^Gorr t;,ai: i�vic-a a year,' other ❑ I ❑ ❑Yes ❑No than for agricultural purposes • Other Impacts: — _tl ❑ ❑ ❑Yes ❑No 4. WIII Proposed Atti,:::l substancsa3iy aff��ci no!;•?'n;•s•ate ed or non-endangered Sp&cies? GNO DYES Exampi�!E that would -:apply to column 2 e frojiosed Actirr: wc,[.Id su.bst:andt dly interfere with . ny resident cir © ❑ ❑Yes ❑No rj-,!glatury hsh, shellim', or wilJiife yji:;Ci95. e Ptopo.,-ed Action ri1q[Jires i.;i' f17 lovai or miiere than 10 acr,'s ❑ ❑ Yes ❑ri0 UT I`:laiure r{vi st (Qv;r lc. i ,js afs of a t j Cir Qthi�: !ccally Important vegetation i J +` t � d .Mi�� fK t rG h lo. 'r'i!Il the Proposed Ar-tion itfect agriCultue-ll Iand resources? LINO ❑yFS ; zwiJ-lpiLb voL;j11 zppiy to ,olurnn 21 e Th2 proposed aCt+C'n :,,Cluld ,ever. Lrass or !limit access to ay,ricultural ❑ � []Yes No lariti (includes cropland, hayfields, pasture, vineyard, orchard, etc.) B 1 2 3 Small to Potential Can Impact 8e ,Moderate Large Mitigated By Impact Impact Project Change • C.onstruc.tlon activir`/ would eacdvdte 'Jr cumlrmct the soil profile of ❑ ❑ Dyes ❑No i agricultural land. • The proposed action wouid i;rever,i:iil _`onvert ;nor«; than 10 acres ❑ ❑ 0Y'e3 ❑No of agricultural land or, if !oc:ated n an Agricultuzal District, more than 2.5 acres of agricultural land 1 • The proposed action would disrupt or ;(event mi-t41latlon of a8ricultural Li ❑ El LINO land managei-rent Systems (e.3.. subsurface drain lines, outlet ditches, strip croppin4); or create a deed for such :measures (e.a. cause a farm field to drain poorly due to increased runcif) • Other impacts: G C ❑Yes ❑No HPAPACT ON AESTH t}C RESOURCES l 11 Will proposed action affect aestheiic resource ? ON EiYES (If .OeCesSary, use thie Vi-.zveI EAF Addendum in Section 617.211, Appendix 8.1 Examples that would apply to column 2 �' r N o • Proposed ,3nr uses, or project components obviouslyiffrrent frorr.ti ❑ ,_I LJYe_s or in sharp contrast to current surro;rndina hind use patterns, whether inan-made -if natural • Proposed land uses. tw pio;er_t comnponents Visible to users of ❑ ❑ El Yes tCNo aesthetic resources whi[h will elwnmate or significantly reduce their er,joyment of the aesthetic r;ualaies of that resource. • Project components, that will result in the Niimination or significant u ! ❑ ❑Yes ❑No screening of scenic views known to he important to the area. • Other impacts: ___ __ _ ❑ ❑ ❑Yes [I No IMPACT ON-HISTORIC AND RESOURCES 12. Will Proposed Action invact any site or structure of historic, pre- historic or paleontological importance? L1N0 DYES Examples that would apply to colurnn 2 • Proposed Action occurring wholly or ;partially within or substantially C ❑ nYes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological Site or fossil bid located within the ❑ ❑ CYes El No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the.INYS Site Inventory. • Other imparts: ❑ Q ❑Yes ONO IMPACT ON OPEN SPACE AND A—ECREATION 13 Will Proposed Action affect the quantity or quality of existing of future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES • The permanent foreclosure of a future recreational opportunity. C ❑ ❑Yes ❑Na • A major reduction of an open space important to the community. ❑ ❑ CYes ❑No • Other impacts ❑ ❑ ❑Yes ❑No j 8 ' i F',y T 0 1 ; r btentia! i C&n Impact Be -J "r!I! (t!PiE bti :lii elf._-;,t o r":I t;:!(a .f;,:r'!5 ):Jrtct;.cil) Syijr_T:f i iYt0derate Largo j Miti-gated By t �' frn^S1^ i �: r fcCl �`�i$Tl�@ ai ;U Yd 1 tiI �._ct pre r'tt 'v:0,UId o ].i F!7(ci ri?. � JI :!!'i '�,i. ';u:i;'ri.=> of :�.•:i=:++i'-a=at ;J.' � z �• I� : ,codS. ( El 7 ,a - lif'r `i �t: � � ! �,tfi) t - { ''� i , ji v r!.y I'JVi-I,J. i ie..i e.yu ri�l1 i.�:t !=s�}9..� ( -! i ' - t: Yes �o -'Qurct_'i Of i[.it_! or rit rgy supply? lN0, DYES _-ar;7.1f's th,:t v ou!d ::_—ply to CU!urnn 2 ! n c tom;., °f: iftti.rE'd9e itl Ilia use or ❑ I ❑ Dyes ❑No pGsed ,action vili Cause a grim of t: rt Ii :�y r':Jirit o' �r y in t e r11f5?tiCir3!iiy. _ t {iuir� jr2 crY iilijii Ur :at rt5;;lri fi Un enar, ❑ ! ❑yes ❑iaio. ! lei t� e_r'v%, more t 4n u xi 'A!L� J° i';�o t3rtlil f UT suralr >y5 t'1 d - ' 5l;rVe ;a tT;Yi[;r Co?t1FTli'r'C!ill :,r !n� iiridl LiSi:. - 73D„ uduis, ot;y i:;i, l r ,+it ifvtion , S a result ;item r C JICCti(>i. 1:b 5 1 u s ❑ ;o _idr.illC wiih!i`3 1,500 &Yet uJ ijr f� is:?r sCnS!Ile.. I1 l ;dCllICY, ! r1 ❑Yes I�Nu r %.J.iiJr1 'pill& CL'C1r r==iJtin`�i°j (('irJrt: :r?%ii (.inS� (io_1? i n n�itii= i 1,: —yes ❑No wiil prtf ' ceiding the !)eal :Ltiit -;:2 (?J ic r ri ;!cnt ri15a ; l utu; i nY ONO * Proposed Action will reriloVO natural barrieri that would act as a } ❑ r� noise screen. [J iJ []yes Gttio a Gther impacts- IMPACT 0' I PL15-LiC HEALI i 17 yvil! Proposed Action a}'Pct pi)blic hYalth and safety? ❑NO Dyf5 »Fn1p1m. that would apply to co!umn 2 n r�r r ° `� ❑ ❑ Yes ❑tya a Proposed f cuOil mar CZui'U a [1S!: o c, pIC.SIC',, elea_e of hazard,):.!& suasta;rces(I.e. ol!, pesticides, churnicals, radiation, etc ;in the event of accident or upset conditions, or there may be a chronic love level discharge or ermwon Q i F,inp^5fd Action (nay result in the t)Jrldl Gi "1i:13rd9Ui i'75t4?S" in any El ❑Mo(] tc(rn (I.e toxic, poisonous, i)i�flly reactive, radioactive, irritating. iniect:ous, etc.! yes ❑ho `:tU[• � iNCI!S;i.'i for one iYZll{IUn OY ITt,)re dl!CJtlS O !iu !fled natural ;as Gr ot6 r flammable hqulds (� Yes ONO i itffi ,:JSE,`Ct uCtiOn r71ay fi�il!!t In the eACaVatlVri r7i Other disturbance . within Ieet of a Site used to, the 61SP05dl C'i sulid or !atardous vv aster. ' ❑ LrJ. ❑Yes CJ{VO o Other impacts: ��- 10 �j �i'� 1 2 3 IMPACT o ."".. r�,i a� �", y • �r Cmail to Potential Can it ltpBct Be ��Y �n+ij:".,S5�1Y1[ R.i:3i`5 id EdY 9�—;�i��'�9�'y�t'as�G'i C' OF Moderate Large Mlti9stad By 18. Will proposed actlo.n aife-::khecharactetof Impact Impact Project Change ❑NO OYES Examples that would aYply to column 2 s The permanent popuktion of the cir_,, town or village in which the ❑ ❑ Dyes ❑No protect is located is likely to yro.v b—i r or-e t>.'r, 5% � . , . r No• The municipal budget fc( Capital ekn?rd iu—s or operating services 01 I ❑Yes ,v 11 increase by more man 7% per year as a result of !this project • Proposed action will coniflict with officially adopted plans or &oils. J J ❑Yes ❑iNo • Proposed action will cause a ch_nEe i^• the d;�niay of land use. ❑ ❑ ❑Yes Na 6 Proposed ,-action will rep!tce or elirinate e ;itina fatibtit?s, structures I ❑ 1-1 Yes uINO or areas of historic impartanCe to thL, community • Development will create a demand for additional community services [; ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) Proposed Action will :r t an important preced_nt for suture projects. ❑ ❑ ❑Yes ❑No Proposed Action will create c., eliminate employment, J Yes El No ® Other impacts. � ,T ❑ ❑ ❑Yes ❑No 19 is there, or is There lively to be, public controversy related to pottr,twi a—rsr e::vironmental irnpactsi ONO DYs S I'll An £tat a ie IS tip 15)A* p s a Potential L aaeGS 'Impaca fit' You i"f� noq In-3 _h a g7M -'nitude o; Impact Firocead to Part 3 ! i Fa a S�i'$ R K' 'i�g '"f• i - 4 ai A yL� g�t. ray �' Re:possibility of Lead Agency Part 3 must be prepared it one or more impact(s) is considered to he potentially lame, even if the impact(s) may be mitigated. I Instructions Discuss the following for each impact id`itified in Column 2 of Part 2; 1 . Briefly describe the impact. 2. Describe jif applicable)how the iR}pact could be miti awd or reduced to a small to Moderate impact by project changi✓(s). 3 Based on the information a.vad able, decide if it Is reasonable to conclude that this Impact is iinpOrtant. . To answer the question of importa Ice, consider. • The probability of the impact ccurring • The duration of the impact G Its irreversibility, includin3 perirFnently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact o Its potential diver_encr from l?coal needs and goals • Whtther known objections to the project relate to this impact. (Continue on attachments) C 11 i APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Gce Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. '_ "l -• '1 ••� Town Hall,.53095 Main Road Joseph H. Sawicki �' P.O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3938: Matter of the Application of VILLAGE MARINE for Variances to the Zoning- Ordinance, Article XI, Section 100-112, Article XII, Section 100-111C(1) , Article XXIII, Section 239.4, and Article XIX, for permission to construct addition to existing principal building with insufficient setbacks from the bulkhead, the easterly (rear) property line, maintaining the nonconforming northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side) , westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I) . Property location: James Creek, east side of Bay Avenue, Mattituck, NY; County Tax Map District ' 1000, Section 122, Block 3, Lot 15.1. At a Meeting of the Zoning Board of Appeals held on November 29, 1990 the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, its previous zoning, and the surrounding areas; and WHEREAS, this project has received conditional approval from the Southold Town Trustees and has received a Negative Declaration under the N.Y.S. Environmental Quality Review Act (SEQRA) by the Town Trustees for this project; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests variances to the zoning code as to area setbacks in the proposed: (a) removal of an existing 36 ' by 26 ' metal building presently located at the rear (east) of the principal building and in 6 'l Page 2 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 place thereof a proposed 60 ft. by 40 ft. addition, and (b) proposed boat rack of a size 11 ft. by 102 ft. {1122 sq. ft.. ground area} . The outside area of the site, as well as the existing metal building, has been used for the service, maintenance and/or repair of boats docked at the owner' s marina facility, and the addition would encompass the same activities. The boat rack is proposed to compactly store boats which are presently stored for service or repair about the site. The placement of both the addition and the boat rack storage structure will not meet the current requirements of the zoning code as provided under the landscaping or parking requirements and for which relief is also requested. 2. The premises in question is located on the easterly side of Bay Avenue in the Hamlet of Mattituck, Town of Southold, contains a total upland area of approximately 23 , 645 square feet, and total area as shown on the Suffolk County Tax Maps and assessors records of 39, 640+- square feet. 3 . The subject premises is located in the Marine I (M-I) Zone District and is and has. since prior to the enactment of zoning in 1957 been used for outside boat storage, as well as marina uses, retail uses, engine and boat -repairs, servicing, maintenance, sales to the general public, incidental office use, and other related marina uses, and uses accessory thereto. 4. The premises is bounded on the north by a gasoline service station: on the west by a town road (Bay Avenue) and opposite Bay Avenue, a bank; on the east by a real estate office located in the General Business (B) Zone District and partly by a right-of-way which is in the R-40 Residential Zone District; on the south by the existing marina at James Creek. The gasoline station abutting the premises on the north side is ..also located in the Marine I (M-I) Zone District as well as that area abutting to the south of the subject parcel. 5. The building addition and the storage rack, as proposed, are shown on the site plan prepared by Glueckert and Wieber, Architects, lastly dated October 18, 1990. The setbacks/ for the proposed addition are: (a) 28. 6 feet at its closest point to the south along the tie line along wood bulkhead; (b) 48+- feet at its southeast corner to the tie line along the wood bulkhead; (c) at 3 . 0 feet, maintaining the same northerly side yard setback as the existing building(s) ; .(d) 20+-. feet to its closest easterly rear property line; (e) 63+- feet to the furthermost easterly property line, along land referred to as "R-O-W. " • �J �"r Page 3 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 6. The principal building and 36' by 26 ' metal building, are shown to be set back, as exist since prior to the enactment of zoning: (a) from the southerly bulkhead 28+- feet at their closest points (both addition and metal building) and 42+- and 48+- feet at their furthest setback points, metal building and addition, respectively; (b) from the northerly side property line at 3+- feet at its closest point; (c) from the westerly front property line 32+- feet at its closest corner; (d) from the easterly property line at its closest point 80+- feet; 49+- feet to the existing metal building from the easterly property line. 7. The upland area of the site is unique in configuration,-- size, and character, and contains a smaller upland lot size and width than as provided in the current zoning. code for total lot size and width. It is noted that although there have been seven parking spaces provided for the current uses and building area on this site; and the Master Plan regulations, as amended January 9, 1989 provides for different methods of calculating the number of parking spaces and the landscaping areas for newly established businesses or new uses:-. Any business, building or uses which have not been established prior to these amendments would apply under the new regulations, and those that have preexisted these regulations are permitted to continue without a mandate to .comply with the new regulations, provided there is no . expansion or modified use. --� ---- 8. It is the position of this Board that: (a) the addition to the existing principal building is not an expansion of the existing use, nor is it a newly created use, since the addition will be used by employees providing the same services and repair activities which have been conducted at the site in both the existing metal building and outside of the existing building areas and as each relates to the established marina and boat storage uses; (b) the addition to the existing principal building, as proposed, is an improvement that: 1. will provide a protected and heated area for the employees to service and make repairs; i • � Page 4 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29 , 1990 8 (b) . 2. will provide for the discontinuance of repairs in open areas at the site, and these open areas will now be made available for a reduction of congestion and provide better maneuverability and efficient and safe circulation for vehicles and pedestrians, and for parking which was not previously available to the same degree; 3 . will make provision for a better parking plan and for increased landscaping, which presently is not provided, and will encourage customers to park on-site rather .; than along Bay Avenue; 4. will provide all runoff or discharge into drywells or catch basins to prevent runoff into James Creek; (c) the uses and the property as now exists, and hasp' existed in the past, do not violate zoning, have been legally established at the site, and are not prohibited under the zoning regulations from continuing; (d) although the Master Plan and Zoning Amendments were adopted subsequent to the establishment of this property and its uses, there is no question in this Board' s view that the uses are conforming uses under the current zoning regulations. 9. In considering the application for the building addition to house existing activities without an expansion of use or boat storage area, the Board finds that: (a) the setbacks of the addition, as proposed, are not excessive as compared to the existing established setback to the bulkhead at the southwesterly corner of the principal building; however, the relief in relation to the current zoning regulations, as amended, is substantial as to the total requirements; (b) the unique characteristics of the land and its limited buildable upland area lend to the hinderance of obtaining town approvals without variances; (c) there will not be an increased intensity of use at the site; Page 5 -Appl. No. 3938 Application of VILLtiGE MARINE Decision Rendered November 29, 1990 9. (d) if the variance for the addition were not granted, the same uses and services are allowed to continue and the effects of limited parking and landscaping or aesthetic effects on the- surrounding area would not be enhanced except by � voluntary abandonment by the property owner over which the town has no control; , . (e) the addition will not, in the board's view, be • harmful aesthetically or be substantially adverse to public health, welfare or safety of the community. (f) strict compliance with the zoning ordinance, as amended January 9, 1989 in the Master Plan Update, will cause practical difficulties since there is no -other alternative to pursue, without a variance; (g) the relief, as alternatively granted, is not unreasonable and is the minimum necessary; (h) the relief, as alternatively granted, will not alter the essential character of this waterfront business and residential community; (i) attempts to improve the utilization of 'the premises are hindered due to the unique characteristics of the land; and sufficient proof has been demonstrated to show practical difficulties in the use and proposed improved development of his property necessitating the variance for the subject proposed addition; (j ) the interests of justice will best be served by granting a variance, as alternatively noted below, for an addition to the proposed building. (k) the continued use, within the proposed building addition will not adversely affect the safety, health, welfare, comfort, convenience, and order of the town; (1) the addition and its use .thereof are both in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to DENY WITHOUT PREJUDICE, the relief requested for an unenclosed boat rack storage structure of a size 11. 0 by 102.0 feet, as applied; and Page 6 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 RESOLVED, to alternatively APPROVE a 60 ft. by 40 ft. addition to the principal building, with reduction under the landscaping and parking regulations of the zoning code and as more particularly shown on the plan prepared by Glueckert & Wieber, Architects, lastly dated October 18, 1990, SUBJECT TO THE FDL'�OWING CONDITIONS: 1. Setbacks shall not be less than that applied for and shown on the October 18, 1990 plan; 2. Ten (10) on-site parking spaces shall be provided, which must remain open and unobstructed at all times,' and each stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who abstained in this matter. ) This resolution was duly adopted. AMES DINIZIO,/JR. CHAIRMAN PRO TEM i .,.T_1.—_ - - .-.. , -Vc .,,- 1 -_ I._ T.,__ I . 11, � N\ � I - - I - - I� , 1%,I � � ,. - I - ,A I . , , �, I �� � , I . .; ,�,, I�-_� I � I - I �'. I � k, � . I I � � � . . I , -, �1!1 �, . � , - .",�,,,, ,'' , "I � - ,". . . , - ,�, .'�,. ,, ­ .1. I - I � . I I � ?�,,� , - . I I �. � I � . I . ,, , I ., . \, ,F* I­ 7 I'�Il�I.-�i,.'Lft,"�.',-l 1Il.-.I�j��,.��.���_),l-�I..�!,-I���I 1 I.I,;'.-�,-j.�..1 j I I-rr,14 l�./I I:,'�.'�'5.I t,�..-.,I--A�I.,:.."�3I�,.I I,1I� ,"1 I1",rI,v,.I"1I-:,�IM�"��i.�.I��1.1�II�.I�,*�I_k-I L T,;I�-�,I'.-1---I���,�4 I%."L.vo,I�'�II.I,I1,P-e.,..".v,4\,.�.I-�'.,��/�_�I+�,,.3-�.,t-1 fI.1II s1,-:�I1�.x-.I I�I.',�,iLl-r/I1-,,-�I�.,11"�,LF;�0�II"_,l".l*��,_��1.e'I r ),�.-..i,RI,-.,.f I�I.-"� ���'-I._.,�-, I�*i1�,L.�_.�".-LII.'I I.L..,r+...I.4,.I�'�:1..�I,.I.._,...I'1,;�:.I���1.i I�-L.,I� -.._o,I�J-I��I,�I,;-.�.---,tI,I.�,1 9.o:..I I I I.I 1,I,��.k'III%I� .1_-1.,,I , C • -.,L*I5 R - _5.4@T_,._v.I+�4'I jI�it)I1�:iritI1,:;iI�Ii*i1�,�L��[I��,.;;�I.I:��'_!i��I;jII�ii,1rfI���-;�,I.i.�!I�II.�:����I�-1�,II�1?���,�1�II.,,L�"l-�-��I­II,�,�,�I11.i 11;�I:iI�_t'-�1 I,��t��.:""I-iF,����."�I�1-�r-,,-I�"��I����,I� �,k,-��I, -�I1 �._­�r�It I-r d-*1.I,I­,.�, n�I,I II�mI,.r--',-_LI...;L._,f,��.I.�I,-I1,!I-a-���14-,I.���.I\-rI x1�-I1 I-i,,.1 l_;II I_r I,,),I._.L.�,..I''.*,,1I'I,-i-�,II� ,.r��_i I�I�.i,�.-I�I..eII II,.I,,..I-)��I..-I'.r....I.I1.���LI.I/.�I I�II-.$.,I'���..��.I I1-I-�.��--�V II�.�.,.��,-1��,I.I,I�����..�l.�I i.'I�;I.;I.��f4����I Ii.I3;�i.f��:iI1I:tI;�,���i������cl:ii,�1�"i I-!.�"r Z,I-I�I�Ii�,,,1 I_.,-`�,.-r�-,-I r.I.�II I/..-....l.4-..I�.1 1 I4 i.�..---6-�I�-.1-.�..",I-;:1 IIII.1I�_/II I1(- -.-.-1'5 II��5>�_I2.�W,�"�+I-�/.I�.I....*L i):I�I�%..II_,�I�w�-.,I I�,rl,��.1§31-��,,I.I..�pwjI.I.�-I II:.�I I.LI I.I I�,�I I,�I�.:..,4'�_4 I I-.�.I�I l,I L-,II*"'..,I,�_.r_�I�-r-�\.�,.I I�,a.�..1,,-,",�-,;.I,,�/"I I�-I 11I f"�).�"4-,'I II�I�L--_---�-7-�_i:�.r.4.,I I�'7-_.—_-..4i0",*0­�4,.t.I I..�I_.0I,,.,L I_I-�-I����_'I_Ijl�"A,,k.1,\t�,�I lr*..5.r 3�_�-)��,.�.t"1 t,-IIN.L�2/.-9IqKI.I(I��..1,;-s.A5�.��,_1_.­..&<.I.L.�.A1:C=A�,I�AI>�-1I1r-c r�F Z_..,l�.A.�i 0 Ii�-�4...�.1,�i4 cr�,1k..I�..,j,I-�.1%IIqk1­,Il�);,2,ICJ)�II<-/."LI 5,T�I1'f,.j,\�r:s9-.--�I.­:V:_)_-I��K: .--4,ZI,��.lI*,IL--I�0,,'-.I-*_.-./I..5�I)�.f�l-?I-]-..-r'c 7i1-1-,I-6O-�1I�I\.�\I�I\-����-..��xr1�-,�4.0-I1.A".�'--I-II L1 I?'I-L-`I:I.,I._I..,.Ir.r I I p!­./1.1<P."?.,�/.....I�_II'.,L��.I.r<-.i�:Y�;....:.,,,._,,.��9,1e<4-�,.�0,,-.��1I1)�*.'9,-/L_,,."I�1I 6 I�1;,r,"`:.-:<z,�.,I).N_II�<4��l�.�.l\.ZI.�-.1.��_.�r,...e,V\.,,I/.._.j.,7,v�I...-.�<,-w.1Or./,<�,�L1/...r­P:I,T���.��I04'-_.�,...I:�&�,I.,v IN<.,I��L'..1.1��,�I'0�..�.�5 fI�I�MN kl,1I_:e-,..IL"K"_".-_-2fV­.-1I,.kK,�-�_\6-x I,:,1 I.��-Ir"I,\I-�-_t I.5�.-'-_,4 g�!J.�,::I-J'�.L�L�I,I1I�III;�iI���1iII1iiiIIiIi1I��III��I�II���1i:III�I; _�r I,_�,,ofIo-o��,.'�,,,5 l'-�4x",,I L-,�7C�.I��,1L,.1,�1.,4 6Z)1_.i V0,��/,I.6-�.',5..I-1�..,I+�,�.,-,�,''X 2 V I�&N I_-,.,.'s,_.�.r O"\,1­_- V..f-�'"_-f vCr Nv'.0\.,tr.e i.,1.I,.�1.�­1,...I,.1,/N I 1.'--�"_.,..-#��I.I I_4 v,--�&.qp_;,1.�I I A'Z1U-<4z.I,.I�_.l)V�-,e,,.4I-.1."-I�I Y�.II L.I.�,r�,..-./�;5 Z_I1"-4 i�0/N,'0 0el".rI)Ii!ji,i�.I�;�iII.�.i"I�!IIL�I u'l�A�I-f-�4,.\-f i-­Z.4.F>,�I, I-I K..-,I�.,.0oA.7+.-:.,-'-_1.�6�e.+_�I,..1.t,...'41-. 11.I''..-�Z'.1 I r,.,�:.I1-I11y:V1-,��'.��I I I"..I,. 1--.I�I,�c I�,"4 I..1,1 1�.I�..I1,,.\)..%L+��I,�1:I.-IrI�,I t.-I,.-�I11,_e I L'�.'+ ,L.l,-��.,j..,,..;���"III.�I,l."1,.,�,I...I 1.I���I_*. I�,'.I,1,��.��1�',�:I�r I/,�I I-,,-1_I I.�1 IIII��II..II".��;,IL1 I��I,.—.1.,.�.1..I:I.:.L.I�I 1 II I,II,�,�.L_I.iI&; L.-�,I.,,..I.��:.I.,�I"�,I'I.,._.:..��I�.,.,-�._I I�1,-,I:.,I1..5..� ,l�,�.I I.�.,,. %r�;�k.�r.­I�I L�I�I I f— t II.,I..�,�_:",!I:I,I"\I�.I.I .r�''I 9�I",.�1�..��_.I1�1I1..�I_,--I"I+II�.1:'.I.I"I..�.�I II I�I1��.L"I,I..I R 1r,1I�I.1 Il_I1 %�I.-I:,'1"I .�.�4��9"�.�>I;�_.II 1,rLI_::,'IeI7I .?T-6,I.,1."1"r..2T-"�+:_,1-0 I..��..a.a1,-'c�I'I 1�.11-1-L�_.L�p .f\:.'_."I T+I..,L1,�I�,1­,,�I,�,I.C_I�I&Li 5;�,�--e I-L.I.�0,,�:�\�I:L."�14I1­I.-I 9-'��IcI,I 1 L'ptX-.,-0.-f�-.I�L 4 I�_\c�\.II.'-I:.',�0..I'.�-,&f.l. a-,1,,�LI"I��I.�t�I�.,r/I)1\zI-."*.��I--I..­,..,�,�4)4,I.I�I�f�II<9�r;�,�,,�1­:,I_.L_,�I ,;I II.-/IIIIi.�F P,IL.-�I.*+>I-! 1�IL jI�;.!i I..,.I 5+.�:.�1"4�I-"�I..I II-I���1 -I I�-.�-�.,..��­II.I�II I...-���.IIj!.5,�"���I L II;�,.I:!. �I I)I IZ,II I1 lI�..xr�.�1,I,I't!�III:..._.- �'I�_-I..'�-�"..­�..1�,�I�.I.I��'-��I�0,.y�,I:,.4.II��"�,�0."-I=I�I...I*I.I��� I.��.I.,�I,)�I�1I. ��I I.I ":.LII�I',I���II.I) �"­.-1,,..I'.E.�-11:,l .�5,.,.II I,�II%-�..).*II.,�r,1 II.I Il,��'M 1; .�I..:"�I I rI 14. ,,II,_I1 44.i. I11�I q-I-�I1.I A.I,. -,"1 I-d II.�-L.'�l6It .".IA PE..4.9� _6 l.�I:-I:.).:;--,—,-I>�4!i­'I\._I 1,-�,L<s�V,�5I:,,I., ,._V.I;�,i I''M._7>-0�AI­-I.;r I5fA-0�-.�,5 A�.,I, 1rAI II-I. Q.II,1: II �4�:,�.-Zv';_;N11IZ 5,,�1",�T Itm_r, l.:�1�.>,1:, r-.A,I�T r:",� 01"0.� �I G �-11I 1'I. -IE�.=�-r 10,�4.X t n.,=_I 1-5f-1,_�f,.,,J -er.;f.. IV--:'�1_V GF. -AT.I.7 f--.t s c-)I11-.t1IF l��5*IIwI!II,riI.�I,�-;;�,��,:��;��.���2:����I�,'I��:iIj:!�I���IIrI�I:I�.�-I; ft�7/TL 1�O I5 ,-�I/j..I 1=.t I II0 2.._I,!5-t tI."5�L.I'�:- ;=,'-�.I F.,�1.-2 t�I.I) ­V�.A,,.I I- ='LcLr�-I_I--S N=IL-'.-�1 T.?�cAI y�I I lAF.Is1..;,"-X-X -k�,-- --573-I_9f-I,I�I w�"=,�­ --f�I=2,V:.IP!4� .T I, 1/1lL0�.9 .,'-,60 -.,z e.II-1��1-1_.� f` . 1_6�'.�I l r.'f I�I. I.4c,. .C.., ..I_�. �\�41.Ib. r .. L 1' x. .„ j) u . , �A'1�.s.I. 0�'. Xl1 l;. 5 I�-Z-w.\.� ­-0 .�1 ,.I-1 ,1­,I.,I f�,..1. ,, 1.... ,. I":I t ,� �o .. , . , . 4' ' ' I f=` '; ` . v . e,1 Lt�c .` A,'° t1L � t� r . At . A = - 1 -- 23,645.'3.'i= .5L+ AC V�. 15 O - �- •� /. .. . .. , , _ / .. * *, i fry ! J� ,�'±_ {� �•�•- ,r- �-�^� ¢; �•+• s 'F s � S `, t {�" � q'7 . � p' ; r 1 t / ,�I"" " ['"` f 1�--' G..'tiJL✓!/ J/ �.�i • t t t.�S / J. `. . �... , �' ' O „. I„i< J _r0—T'AL evlLr-;)iQG A,tk � ,�� �`\�¢'j '1` -' \A Y' '> X I`.' �("1'1.,kC 7OtJl1 , _ 1 I. �-1 Jbl.�.."I...,,Z --"I1.,.��iii�'I�III_I1I� 'iI Ii�!1 I�.:I,��..I�I!.I���;II.�!;I i ,I,I�,��,I-I:.��,�-r —_-�.eIv".:I�1.1,0 I,-i.�....6I.I I��I..r'.II�.I. rI.­)I,0-��1-4�l I 1 rI. I-.+. ..I,..I I.II-..1�L..IH..;��II:LI*Ii$1iI���,1�i;;�I��r.1 t.�!I. I...1..,I..l,-.I.�r A I�: .Ir _1 II;�. �I,!_, -Ift_II .1.I IE.� a �,. �x DTI NG J dal t .c.L �a 1i _ .�I�1A ` �Cp`�' ,' - cam•- �� i -�r�.(c, -� =1--n, ' �"�,�,. �,. U t�l t�.l t� 1r� t .. viII I,�, . . .,IL (zD " �i �'��, I . ;._�I�. ,�I.11 I � . I�l . - I " k ,, 1 . 1 1 .' '' v P 15 &� r � .� - r' ' ,. . . 'i ��#�: �L...'S�(".a+, C 1_.A�1�1CA"-1'-1 '` t� 2 b p, �' }, X l" `�-I f�G+ LUL.T. -�'. "TG? b 1z MG�vEr �i'L}-C� ' .f ♦ *. '1. �y MArJ/rfKX , !� Cwr• i, 1 �+ 1 f', •e ms; , ` &Wrma 'A \- ��i � Y f a� �, c �4;� o Y ,q M�i�iiuck'Y C, 16 { 1 �1� -....fi'`� O , is.-r.5. 1 R rJ�v�c d , ,�a �L �v¢��\ Yet ` . 4Q . 't. / i 12 C �', -2 - 0L� �ZA-"� / 1 � AL.t_ FF--:F "7' - , ,. r>Ci 1 A5 ' A1-'T FX1`�T .� \2\w ' o • ftr +�` '3 'r " r` ',w,,:, � :. f 5"rlS.1._L. /Et'' '1.�"S' ._.� . i rvac. cL1 ,a, t��c� xv�L� .�r \ ♦ �, ,�Co , rrA 'P =�.,�. ~` 4 `. , / , ! t'i 16•L--1-.-`._ �L11L'� -- ,, P r, moo' o , .�._ - 2"1 ,e n.t �c• 7 Z 37• ', �'` '� ,' of 4 , ,�CP" \. Z ' ' D '�-�( i �0.� t ALL. f .C °r!1 � /9 S t-...1•.- �' .1 ,I -' \} _/� a \ f ► +per 'r tT 1 4 ) • o,,,� �"'t ` r (((,���^ni .6'1 `1.9 , 'a.e•.a" sY' ` , . ' � � �F � �'"� ` /�' /� ! ,.+� \,l l ry, 1� g . �� J w ,,\.• ` r► .,` '�l1 Ar ....J � ,. i i L.✓,A 1..,.�•,....•� �;�..,a'"�► � I c�'' �j '�1 3 . ' _ �;; \ .��r �, `;'� V '/' v< CO� J'4 P ' .+f • ~•`• . v _' 4/ . 1 V �� t �7 G� 1 w �/ ...►• '}"'i,_� err 4 I I: o, .I{ (�D' Ir0� T'\ 1 r '� .i�r - s► �. f (L>'0 L_:.. a I r.< ? �1 r\ J�O. [ �� `• �1 t `", ', �... t 11 `, I 1 't ALLA-TONe♦r,./ .! 4�. p { •d• " �.. cc �1'1- \ ,J� p ,�� p� 1 Ig - .. " 3'..x ,a'��u� (V i t/ �y.-� `� - +� /y+� /� 'p QI b''yam /�•r "� '��„`�"�•\t,�.. 1�,�.�jl �_ t,C1" ', ,,,,,,wr.a" ' ✓»»>w _ "'; „*'., ,: �Y s}y ' • ',` _ - '��(I— Y `f• 4 KIE5 t�J�'�..✓1 '' �'"'�" -� . , �' "���a. I.l-V - L'�•6C V,r . _ \ , 11 r/.�' Vj!;T,xy V 4 _sill i o f,,;, 'e,4♦ :,e \ '`� I .v.�• ' .' I'+ �"�-'� - '' •'1'G G.1 ,.•,yF,,,.. - ri +r•w•"•�y' ,�'r jt D. �P/'�� 7� r. 1,. r ',:..,�.n,M , .� ``\ . , '� - .ramO R ..../•� x *//, , k . © /� , i. W {( �1�R��y /��'••�,'C� ��: `ti- e>_ y '.; ' ,t^ti'iat ..r' �,,,,. -) , 4'3 '"� lrQ�} - , ��` v' ! �' I �� V. L,, - { �'�3Y + 7 .r'?,!";� �.S L.�t'�G* YYJ�'�'oG \VC..ctr'r _ , I �I L..-C.✓�� • ' 'ice , K -z `x .... , .,- �c \\ `�- ,�+,. , ,. •s►� - �'/ 12-G�, r' �1 Z. 1 .© 200 G. 1 . 1 - I � \ �l I .. '�r' �..'.�"-Ai,yF \ _ ,A:'� y'I ., `,-P�yr�, may S I ' '.. ¢. �-\ 1 .✓/ • .tr t' T,5^..'.y:;' j };..'R':n; ,I r. , yam' 'i.ti •`4""'':'�t .. ' • `V lIIT . �:J 4 I \ I r "" 'F w/+s. t p�, V , t�., ' 1�t '. -rc o 1✓ , �1Eew A. `t' c ;'r * '' ; °°'::a:. , `.' Lt I L��V 1!5,- �f' 'l 1' ,<: &-.'?L U ...�"T: 1`�, ,�/ . t I 3 .�'A\1't t,i G j� �� tin. 'a .,;�' Y { ram.. - *" '. ^a �. / . (//�V _ .y�+.�+ f '� rj _ s X dt. 11 t o,k r, i �+^.�j� r �� /- :}" y" �,, 3 , 44 V " _ . ` '1 w/ 1tnrG� t-/.1 , h /2_)< 0 It /// .k.. 5 ,•a . l_ 'r"I, ,{...X a, - A P \may"• ✓L'•�/ / V. I 2 4 ; "rt i U `�- !,� ) D f'L.glh-S� .�a � p ;' ; :.� •� '` ,��`�!� TOTAL. 5I 1?U © y t'7<ol-+' G. : ,�II-I 5 i��I 4.;­�l I.-1 l I",.��.I,...%-��I�I�.��-,..,.I I� �i !i! G.a D� c`7n�G tZA�„Ip \V e�V n (j !C/ fi toJ. . �^7 '� &// 13 DP& Ak6f �, - . X) I'tp, C�� �- 1 o'v" pi,a.•, 6, : - G � ° k y , �.+ y rr �i.3 82� `I'/ D �,m + _ -t r , 1' J ' {, \A ., ,r►_ . '��/t ✓ f `,'' . �_ --� . % __ ,,.A :k 7c 7.4 j �65�',c°S/cam �_"` `- �A �C . - ` ``.,ii' _ ► /�0 �04 ,(� t ' (� r / "' Ge.Fc V1t\�G�� AVM. 0 -... ,,. � � � . . �' �.� �Ci� � ` 7 `� _E - - . - _ { ; �7 1 _ ". 1� F.�,'rM � Nt � �' o r c - - J =: - - '" a „ = ....,. .. .. . - < ... -..- , obi x, Q,y, IG7l••165 ' SL:OTTET7' .'+�e'* �i191�"��i '"�t7 � L i ` 51TG 1t�f :t-�►�\'�1 'f1 t1 K 1 c©tJ t� .L-1 O ~-. I �, G.%. Coves _' _ - �V..Yc%Jt4gi ,L.�S. C�A'j"t.t� MIAtZGII ?t�'°Jt� _ .'�,(_ r " . i� Xi +GP,t•DE%' '7 �3 _ N am.,`" ``. `SC . _ c;�•tal~ C�.6 'z ' : 1 - , +.� ( �.�y ,..q` °ti'; 1..A '. A !~ .'"cvG Yi\/ Q.� r�l ./ 1 I ,`3 X 1`•iC.►t►r',,•., ,"%, " ,A ' �k l.ti'11 -W ..,....�.�.. I (9 {�l-( ,,. - ..•' t 1 DCi CM CJ CJ civ Co I� �` �, . � . �. , ;. > Tyr,t r-1 r•-t r--+ +�-rr-�n n `. - C-(Zll 1� .'CA'TC� 'f�♦"tw t .` T tit' told j iI�,,'­,,,�,.1,"­,�I 1�_:..�,�I,:,�r",,�"'.�'��I.,-L�--.­1-�,�"t-�1",�L,...,,,.�:l I1I",..I:;'.I I"�1�-".,,.+,�,_.�i"�'!.'�'���.,,I�,Il�,�,.r�,.1�"-.-�,�.��I�,I,t�L4I�l L 1"l,,l..�%l�,.�,,,'1.:.-_I�I�e.,.��l.,"��_,i,.-V"�­rr,1.,i,,,,.�-..,Il,1"_L1;-I,,:�I:;,.11��,:�_,,,I,1���'',,'I_'1�'.;+li I�'­��`-,�-1�,1,",:-�_:,'?�..��I\�1�.-��..-"III1;,+I-;,4l­�.'I.�,_,�:,.1��,,i�II..�1,.:1 f-,_,,,�,,,�,.'--�>'I,"�!,,.I�;i,'­."�:,!�II',,,��,.�l� ,'.�,.:�L-,"1�,�.,�,,.�­��I",.1',�,�-��'P 1,.!I�,�;.II,­'_.,1.,_�:,�,\'��,�:':I,��,.,",pl,.1.���,�i,,'1-���.!:.;.­��"l.�.,1�­-,I,.��_�I,1 j��.1t;1zI�-+­,,,w�­,l.�,,II,_..:,II��r�1,�.,:.,"�.I,�,�1-,_�,li�':,_­'T.'1r-�L-,1-",I 1.-1,11­�..M,�"�:.-I 1 Ir.�.���,,,-_.-.���.-�..I 1�1I.",,-,_'-".':o�,,�,,.1,,.I-1.I�1lk,.-I."L�'�:�.�,�.!.,�";�-.I,,._,�+.;:"e-+;�,�.�',..-`����"-"V�1,,I,-;1'.'"�lr1�,,r�-�,1,,.�I.:,"��I'�,,�:,..L;,�--I_�i�,..�_..:�,-`1�:-II��-!�,1i���'1.,!��.I�,4:,"I,,,-`r l,,1,",�.I,'.,.,_r�,­"�I,,'.- f_1":,"1,'.-,1'I"1I�.�l �����'�'�I"-','1��0',�l-�s-:M 4-''..1,��'�,,.,... ",I,-I'..�I�.,1-"l'�I,,��"I�­r.k`-,,"��,4'',l I 0._l�A".,,L.�+-;"­�',1`.,�,�,I.;�r I�I��;:,,*­..,,,�:'.�"�,1"­N�L:,I��',,-',,;,-,,,I"L�.,.� II"-L,L,v-I�.,.,,����.�.'-I,,,r�;,�I­�I- ,,'_ ,�_�._�*�,,,���..;�_�*­,-',,�1*L,f f,­1-,1,-I1,'1 1�'I1���,Z.,-�,.��d.-:., ,I�,_,1,,_,'.'.-��-.�.,:,I I.1I.,_,.,.�,.,.�,I.I,I,,_1,1,,'t­1;�r��2.'II.I,-,.,.',.,0,I--b,"11�l,-_I�- 1 1",�.,",16���,,,I��I1I,�I�,t".I.:_� �'."L;��1 I":�.,�.�.L.­�,�`�_,.,I�. ;.I*,""-,,I�,,,,.�:I�*"��:,.. I�.�-�I I,',1."�._,,,,'"I'.I.1-,+:.,L I._,�1�%�.I�.�",I,,:,�T I,-,.LL`",L I_:l���'q-.,"%'�,.,'*�I1,��t1,i,�",�,�-,.,��I�.1­,-�I�*,!I I:':"v�r,".`.';I:.11�,,,,:-:..���1"_I"-�.11��,�,..­�,:�1 j"1'�� ,;d_L.�_:,`,-i".1� '_�.�,-L�.��_I�'.I.�..L.I,�I l.._�"���,,I�,.��"r,� I.:,'�,1,.,r I 1�'..�1�"I.1L1 I�-��k;,l i��-r'­1V_,�-�I1I��,�,;"�,,i,�,: �1.,,­�..I%'",-�,I��. .,."":II,I."�:?s I.I,,,I-,.I.,-�.,��'-L V­+r II,'l.i!.�,-,Y ,�I.LLII..��1-.�I ,c,,.-,r­I*-,�-I,���.�ILI1��k I�.I,�,�,I-I.,­.II,.%,I I.—T 1-r1'�1.�.-,1�',M��I,I...,�f�-I,I.-,I�",I,l,.1*�_11-.f t_�I ,I,l,�.�.�4."�I�1.'r.,I.',I,:�1­�,1��I I�,I�r.,_-,1-.�..IA I-�,I1,,-,.-�,.�,�,,,I..,I",I I.I11.-,�-I II-I..-�.�-."III,,.�I�I.-,-I ci�I I�,I,�- ,�I-.,�""9�.�.'I� -j e....,ems . I f �( ? ,« _ ` �i' - W V 1�/ 1 .�4 r �V9 ©,i/• ''/• - _ ¢ ; r ... .I - , . Is`, r G 1 G� 1,��1 EI' 1 �ot.� ,rJ �`�' 2� µ ` ,l.',,"j''�.�,I"L II,.,.i. �:.I,"�'' '.-':""� 'I.LI:"�,1-,,;�.,' 1_I �L��.�.,L,,�"-��I�.�.,�.�.,f,�".".; ­,i.iI:'IN�,L vr-,':.I �4�I'4.j::Q'I�I,I�,�I�.,."�L-.l`I,�\��r.,���II II, -t:1,.V�1.I� 01-�,�'1l.-1II.II�;� t t is vt/,r;-�'�12 .' It1�E=c'-[ 4 �'I���1I:.I,,�,,.�.1,ILI,�,­_1�...::.'�,-..��1 I",�,.--_L.I��.'r II��,,II1I��,'�r���1z;I,-",-,-,L­I1,_,-"1,1�-",I_1,,I,,',�-".11.�I'�,�!.'1II�.,­�1,�.,1'',�1I1- ! } /, ; . ­�,I"I�X*,'',C 1,6_��,,II i�l1:�.,,."..I,::+1I­�.l"2._L�,"_.f I��,­-IrI',!l_I��'1-;1 .-:.V',,�,�� ��.�,-r�—'..,I.`%,.1­1�I.1�-�:,i��"r��-,I.,",1 I'.,.��I.�,,,�,,,���`"1�,­�I L,�,­��!l��I 1L-r+.b1,_�t�II�­-,"��,��-:�",r��:�":I:"`1 I,11,:I��,,,�,,I.,',.1'_�­���.,:�I"�1.���,,�L_It.�o�YY,.­�I�,;*.'I,:.+�.,,.l...����.­l,.�"L_,l 1-.w,".l�.1 ",1',..,..� �,,,,-,­q,1,,II r_,­I���"��,�"II--!..t�­I",�L�,I,�,�''I�',�­_,"-�-�"_.,1.,,'�"��1�: �?-",_�.,I.�,.,_,,I":�Ii,_�I2,..,;1b," :-:I,!.._�..I,'.,I,. ..,�*.1"ij�I 1 I_1_I­.�,�i' ,jI_��,��`_-��, 1 �,.I L��I, ,,'*_�.,..A7I�, I�,,.�II._a'1V-,.'',.­,_, r,,.,�L,-,�,.�lI.--�.� .1,1�I*i 1-����;.,,,o,,�!:,,­ L".,,,-L' !.�I',t�,-,�*-"".I�,­,�-,,"�.­1'-.;�,:o"",.f:1.-,L,��I,I..AI.�..:�I�l�.'%zt,.�I.,,�_4�o.r .,,�I:I��­�.�,.e�_..,,1,�...,,--...,,��.I I-'-I�,­4LI,�,,,.,,,II/i�,I',­ ,,-I"".I.-.��I...�,,L"I�.2,�,""1,IL1II.�'..,,.-.�_��I 1 I�l,�.*,lr_.,:,"­,,0 I.�,.r�I.—I-�.!,.'�,I,l-..I�q�.,-�, r S,I.%'.l.A4 i.�'�I,..I.;",,�.,,..;.,.1 I,��T1,.�.:,l,I��.�r�;I I-I.­*I-4 X:*­I.,I I',.I,,.I-II".I-,."��� I I.,.I.��I II,;, ,,II,L.­.,­.1.' rI I�.,I� 11I,­II1�I1I r"-\,I-�1,,�.-­,�.,�1�1 L1�.III.,I 1,+.�_1­1IL�.-.,I�_.1 40."',^;,�",'�1�,�IL1."I.;.�1.'�I1IL:,L.�..�, E50KAQ5 zt{l; 151._.A•CK15� � f�c 1l " 1'�G.. Lf t-1Alt� ,5T Ki"5 �'AKK,�,? Y, ,`" C T »tJ c rrw..� rf W S 3 0199t ) Y + G12A tati (8-el c,K�x: e.5) t r' LD TOWN ' BORING N��. BCJ tiI�G ,No 2 _ _ PrCl:�: 1 7, Ttlo , �.' NNING OARD ' DATE:•9/28/89 SURFACE ELEVATION: ' y DEP7 SPt70M EVTION . Gc�tJG. . -` SAMPLE DESCAtPTttON SII/1!'C.E - `�1t4-,/•• 1,. Clo,4 w DATA 2$ i St�lF�GE EL i lrsv. r_%.. Cc .q) _ `t' A f"1 vF� O\,/ .. pEPTM SPOON MPLE AStNG tv -----\ � _._.._._.. _._.,. -- \ FEET- LOWS a SLOWS S DESCRIPTION ING 4a0 P'�G 5pew � : ,,--lvlvEL.. ; __I_i5_ _ _ _.__ , FEET LO4''S. a OLD" a ..- �iou%ry ,�ter, -�- •--�- __ ! �":�K. 5 N i l5f;,.,�'�-I�J�- � � :�-----•-----Y- • ' � A '315, 1 l' _,a ►/4 /r 1. >_vmL r�, i+�' G 'e _ t;,.`J I II._I';.I_W,mII,I.-7A�I)�.Le'.14I A.17.I.:_-��1,.�001 I,I,-�-I4.C.-�-�I w...-1.,k,..I-.r U-.­1c600�>,.I�I.l,�., o-.I.,-I I�­�:1�:!II�I:Ii��I-�I�iI/-I�l.��"�1 IrI I�2.:�.-,I\,v_�#­I,�v I4:.�,.:7�I,_��"b IY.�I—-_I-,..�,!�f..'-...I,I1'-,,1:"1�.�I-.--_.&-L.�",-IA�I..0..._-.-.I�C e;%;m�-_.II.�r-1�.5-I_\.-:4�k�0o.*��,.l.�%;!I�.II I�I-.\;r tII-1It�*./..�-II,�`1Z,��6�:-.%"_�-,�l I I=:�-8I�-'�u­1...AI,�,-),�1(.���*I_t..v,,-'_L r..r-�).V",-."�,�,1.,.-�I 7I..�II.—\I1�.IL V.-L,<l��r I\\r-.)�"'--,,1.4e I.1_5 4.�V�LlI,,_..\-I I7\-'1�.,,�A'-.1.L A�'�_'.;.�-I,����,w�� I.II..III,.,�.I I 0',.I.��.I-,I....:,0,'Z"II I I I,Z..�.L.--!,4.++,�I.L,tL..I�I.IL�IL.r.-II 1,.I I.�,.,z.�,...�..I-r I-�II-I:�..,�I''1-,II�IjL!II�9.,�F�II,I I_.�I:I,,.._.��I+,I.1",:..II\,�I M i�I�.I.I,,1.,I­,-I_1­.�.��II�.�.,,,I,-,;�-I.,�.�I I:..-,1 0�I"t L�0,­I_..��,,­,,.II.,,�I..10m�II��.I.�..,'�,.,1..�,..I.­��I.1I,.I.I..I�I:.1B.I.I.I�-.__�II�-.I�I�I"r;­;\Il,"I1...III_.1'1--..w_I-.S�1..��,...�..�._LI,,.I�"..I,41I'Lk'.I,,.'�l,1.-N-­_�I,'.I_-��I 1 I+�.I lI lI.'-."L,"�Ijrk�1,�.,.0I-I 1�.I',.'���'.�­�.I�J.'�"11.1%.I�,,I1I,e,I,z;,N+.IL��,�f:.I���-ILI,I I.��'.t�',.�,l., IL,,1­,�1 I.I.i.-�I�,'��..1.!­,_.I-r,I-�,1,�:..�.,L+.,-�.,.,_ II�I.�,I,,�...I'�_�I....��I I,,I,��.,��I L��,1-.I.I.�,�""I.�1I­I I'-r.�,I,r,I,1-r:I�..-'V,"II,�I�'''..,I:.,�I1.'11,I��,I1 1I�".._.��I...1�-"I I1,_I�I'I.',.­..u,I.,I.r I�>LP._1I­1*�?.l.1:�".I 1�,11­,`I.,�"L�,:,-.l.1L..,I jL­�.t CII7��.1�I r_ -��..���_-:.,1,.,.,.�I-I,I,�I".,-.i,�.I.,'II�rI,I,�.'�..�iA,I�_�.._.I I,I�,.�I.,..',:�:�1.L��-,I,1�,��':�I­1,�,�\I,�I-r_�I��:,.'�1I�L�I"�'`i,�6"-,�"I,:,-� :,I�,-.-���I"-.i-�1.'-��,,�,.,I-,,._.I,..�,.."�..�I�-\�I,�����I",.1-:.,��,��,�­.:,I�_I1I�l;,,�­I'�-�,,I,-�-*,.;�.,.-I.,,IlI.I��1�1,+.�I,�i,1.<,4,,�...''�.:�4�..,__I­�:,,-�.�.--�:.�-I��q,",e,L�'�,,,��:,��.,,I,,_-,.r i.*I,...­I,L�,I_I'.­,,,,,��:�'t,�I,I-,'�,­,�-','I v''­t",.'_,,.;,­1.-"I1.t.-�I�`,,,,,I:1,1,,L�L,�I:�,,Z_,,�I�"�i'II:.:,;�),­,+_I 1�II-.�,''*,�%­�.',I1��,�i 4-1*�I��.:,,�,�':�1 1-,��I,l,1,,--,'",-..-"..I����L:.��,,�II�.�,�:0.�_,�:.I%'�.L��.��:t_i.,,1:1 I'I',,,_,.i.;,r'�%1­,".:,�.),­�,I.�.-L'�,1��_,,, . A- s ''__....,� a , N; :#'�- "GI-I ►! ``�l , -0 "/o \V i L.L i AM (C - a �` w '' w - - ` 3��' MA+. cu,-,Z> '�L\/t') . ,_I�0�fc,.L���II-.1.�N\I'-�.%I%lI.G_I 1A-,�',%-II-,-.1 t,-,rII�I-r�1_4.l'-.-..,_—,t.....�_.—I s�I-�-I-S)-1/�-V�-_,��0,f,­,\I�-\111�\I I1.,�,1..��.'-I.0�L"-�.*"�7 r1.+,�-�._-I.AI/-L I.X,k._\,��,`,'.--�­e1 A,1 1L,5�,.1 9I"<��)-1 1 0.:.I\t 1-.i�_r 1I�11-t__TI\\,I..,\\­ C .s 6 I. C &rm ;�_n1C:�'> .� E, N g 1LAF'•.L:, ..-JL�f.. 'i�. �' N`'e. �_I--.1 1.-p 0�.,0 t.�..1_.41.1...4C,,%-..p 0�N:�1..O,­LA I�.0I-N 0-'Ia­,­�.II�S 4 5 . _� ,. : 5 S. M L •e _.:, - . , $ Gl�t.�t 1' \V�•`"CL 2 w . , : i - , , , ram* l `. + -• - t . - '- `' . _AY 'L�1GA1�� 2�./ - r, r�1U _ ���. 9 12- ]91 1; . ,,- D 3)Efrl�/1V C"\� t..20 , f--'\ ,,,. °.t C � t✓'. t ��u Nib. 1�i \ �T�� `�©l »ta, i21��/. SITE $. tTA� ' `�t `-tl�l . -. ..> , 1. p . -4. -__ .�_. ,� ,.�-•w i v, 1'AF�k i).1c, Ate 3}-I 3l?'�/`t l I. . . .a__.._..s _ � '' 1 - � : .. ' e �"L; G ,,, tt '"" _ ! VIL.L AGE Al 3/ .' i s � s -- �" . .,�._. w.�. , ,_ w �._..., 1�0. X. (O4Y' E�'LANP�11 C�c-1 "ice �Ii5 !� !Z 1to f 10 g ' -F• I t tr.1t.�K- �. �'Q�j� 2 _ . ., : ,ALA, rMZK\t�G � ?.C -104 )0.6.9 . . NA D, � C I a--91 -QO rr�4 �♦k P � �v►SAa)a. 14`gyp ` '. � ' r '�v MIS, .rP •t i .G.T I o � ,��'��s� 1 '7'1 •90 i g 10 a 9 9 �__~, �, p ILL S J � ✓ ��. l �E:1/I Go-�3 �G7 , I , o _" . ., CJl'� ' t .,: \�/ �:1t�Cst''S ti ..+ t{�'J1 ������� +/�e''('- / /r1//� e w. ,P;r,.•,.... ._ .r .- . . .,.-... .....- p r # L � .'_. V_1 a al+c , ., ,., r .. „ 'a j "...' , \t,r�V i ! S.,r'• 14,I . . E .. :--- DATE } i � LEGEND! - LEGEND: . , I' . i \ / e H�1'.,v ,I V ' ,L M "T 's" K. i A,- '. v A - BLUBBTONE ANtI CRU3HRD STONE BAASE A -' bLtIESTONB AND CROSl�D STONE BASE 4 CHECKE B MBbltltt TO pZlIE BROWN AND DAR1G BRflWtJ . B - 'MFUIUM TO :'INE I*0W SAND DARK BROWN SAND, - . . . ' „ SA1tD/ TRACE MILT, TRACE ,GRAVIs"t.. y„ � ! GLUECIKERT AND WIEBER L1 SMALL TRACE WOOD (PROBABLE Pi:t.L) TRACE GRAVEL, TRACE SILT. TRACE WOOD ; PRflitA'SL3 P TLL) f .. .1! . .w� c - coARst3 To �I�tE BROWN SAND AND ; , ,;,, - R ARCHITECTS DRAWN MEDIUM TO PIIIC GRAVEL, SHALL TRACE C - t1$DZUt✓ TO PIlt BRdNS SAND, SOME SILT, . 300 WHEELER ROAD SUITE 303 TRACE S:'ALL TO )'ZDiE CBAVEL G`S�� SILT r'` x" b - ?lHJiJ:t 4'O FXIte >jRONIi SAND. 'GRACE SILT,' _ t` D - COARSB TO PIItB BROfifN SAND I+Na nEDIun TRACE s'fALL TO PIKE GRAVEL - �� G� 6lw HAUP�AUGE NEW YORK '1'17SS SCALE ` p % 516.234.4597 a9Q5 rn TO PING GRAVEL / r1 •. E '- FINE BROWN SAND, SOS SILT } t tO E - COARSE TO PINE LIGHT BROWN ShND, TRACE: i > ` * PROJECT '" ` a MEOIUH TO @ilif? GRAVEL Y - l�EDIUH TO PINE 8R01� 5AND, TRACE LINE i" !// o� t GRAVEL $;rc ` cif 1 � ".,I rIL, I 4 .r ) � . -. I . , I � ��� I I k � I I - I 'L .�: � .. . I I �,-; ,!.1 I � i� � ;�� .:,,, ��_''�� ' 'L;��,,.�,L' 1.,� I 4 T,�,"V"�.��L," ,. ,,... .. .��,.I,, I .A1\ 11 . L , � �t � a i.' '_• '' ,r ` ti i . OF NEB k ' m - { q . - OWG.NO. _ .' ^ l t t a _ 1. - _ .