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Home My WebLink About3770 APPEALS BOARD MEMBERS } + SCOTT L. HARRIS Gerard P. Goehrin er Chairman ^j �;1' i Supervisor ' Charles Grigonis, Jr. Town Hall' �o r4 r �,�� +� '�� 53095 Main Road Serge Doyen, Jr. '� l y 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 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3770 . Matter of the Application of the PORT OF EGYPT ENTERPRISES, INC. for a Variance to the Zoning Ordinance, Article XII, Section 100-121C7 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 , Lot 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 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 sizes. ma-ny (Presently) stored at the premises out-of-doors and (presently) without appropriate screening or setbacks due to the existing nature bf the b.0 3d ngs & 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; r' (b) setback from bulkhead - Article XXII, Section Page 3 - Appeal No. 3"/.. 0 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 for 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. Environmental 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. 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 Page 5 - Appeal No.. .3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1 1990 i 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 nonconformities 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 F Page 6 Appeal No. 3770 Matter of, PORT OF EGYPT ENTERPRISES, INC. I� e st o'r ''Rendered May h 1990 RESOLVED, to GRANT the• rel-ief 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 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. RECEIVED AND FILED BY* THE SOUTHOLD TOWN CLERK DATE I�`�I `'`' HOUR 0 „GERARD P. GOEHRINGER, CHAIR41 SOUTHOLD TOWN BOARD OF APPEA Town Clerk, Town of Southold � r5 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (616) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, a the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 29, 1990, at the following times: 7 :30 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved 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, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3 .3 , 4, 6.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 29, 1990 7:35 p.m. Appl. No. 3908 - ROBERT OCHSENRETER AND EDWARD LENCESKI. Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each_ of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809 . Dated March 26, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda r ofAppealsSoothol Town Board 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. 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, FEBRUARY 1, 1990, at the following times: 7: 30 p.m. Appl. No. 3902 - HENRY HUNSTEIN. Variance to the Zoning Ordinance, Article III A, Section 100-30.3 , (100-33),, as disapproved, for permission to construct accessory building in frontyard area. Property Location: 90 Kimberly Lane and 135 North Bayview Road, Southold, County Tax Map No. 1000, Section 70, Block 13, Lot 20.20. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7 :35 p.m. Appl. No. 3901 - THOMAS ESCHMANN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A. 4, (100-33) , as disapproved for permission to construct accessory building in the frontyard area and accessory shower in sideyard area. Property Location: 495 Mesrobian Drive, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 10. 7: 40 p.m. Appl. No. 3905 - ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, Lot 4. 7 : 45 p.m. Appl. No. 3904 - HARRIET SPILMAN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239. 4 B, for permission to construct addition to existing dwelling. proposed construction will be less than 75 ft. from the bulkhead. Property Location: 1730 West Creek Avenue, Cutchogue, County Tax Map No. 1000, Section 110, Block 1 Lot 7. 3. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 7 : 50 p.m. Appl. No. 3900 - GERHARD SCHREMMER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct a one family dwelling, proposed construction will have insufficient front and side yard setbacks, lot has insufficient width. Property Location 1380 Oak Drive, Southold, County Tax Map No. 1000, Section 080, Block 02, Lot 001. 7 : 55 p.m. Appl. No, 3897 - PARKER J. WICKHAM. Variance to the Zoning Ordinance, Article XIII, Section 100-132, for _ permission to construct a building for antique vehicles, proposed construction will have bulk, area and parking regulations and insufficient side yard setback. Property Location: 410 Airway Drive, Mattituck, County Tax Map No. 1000, Section, 123, Block 01, lot 02. 8: 00 p.m. Appl. No. 3899 - AGNES AND CHERYL PAGNOZZI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, for permission to construct an addition to existing dwelling, proposed construction will have insufficient side yard. Property Location: 1450 Jockey Creek Drive, Southold, County Tax Map No. 1000, Section 70, Block 5, Lot 17 . Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of February 1, 1990 8: 05 p.m. Appl. No. 3898 - PECONIC BAY VINEYARDS. Special Exception to the Zoning Ordinance, Article VII, Section 100-71 B (6) , for permission to use existing barn for winery production and storage. Property Location: 32180 Main Road, Cutchogue, County Tax Map No. 1000, Section 103, Block 01, Lot 19. 2. 8:10 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4. 3 . 8:15 p.m. Appl. No. 3908 - ROBERT OCHSENREITER AND EDWARD LENCESKI . Variance for reversal of building permit to construct a one family dwelling. Property Location: 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. l Page 5 - Notice of Hearings Southold Board of Appeals. Regular Meeting of February 1, 1990 8: 20 p.m. Appl. No. - ROBERT AND ETHELLE SCHROEDER. Variance for reversal of building inspector for change of use of land and existing building without obtaining a Certificate of Occupancy. Property Location: 4380 Main Road, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 4. '8:25 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, Section 100-239d, as disapproved 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, County Tax Map No. 1000, Section 056, Block 04, 06, Lot 10. 1, 11, 12. 2, 3 . 2, 3 .3, 4, 6.1. 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 January 22, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda 4 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., 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. NOTICE OF HEARINGS i 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 TUESDAY, DECEMBER 19, 1989, at the following times: 7: 30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block Oi, Lot 01. - i Page 2 - Notice of Hearings Southold Town Board of Appeals _ Regular Meeting of December 19, 1989 7 :35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, . Block 1, Lot 2. 7 : 40 p.m. Appl. No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7 : 45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling) . Property Location: 61339 Main Road, Southold, County Tax Map No. '1000, Section 56, Block 1, Lot 41. Page 4 - Notice of Hearings Southold Town Board of Appeals _ <i Regular Meeting of December 19, 1989 8: 05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, Section 54, Block 04, Lot 23 . 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax .Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. .Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33 , for permission to construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. i.y Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8: 20 p.m. Appl. No. 3887 —MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III , Section 100-33 , for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18. 4. 8: 25 p.m. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A) , for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01. 8: 30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32) , for approval of insufficient area in this pending division of land and Bulk and Parking regulations. Property Location: Main Bayview Road, Southold, County Tax Map No. 10001 Section 078, Block `99, Lot 30 . Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 y-TIMOTHY AND GEORGE WELLS. Variance to the Zoning ordinance, Article III A, Section 100-30 A.3 , Bulk and Parking Regulations, (Article I,. Section 106-20) , for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07 , Lot 1.3, 1. 4, 1. 5. 8: 40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8: 45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from ,the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4. 3 . Page 7 - Notice of Hearings Southold Town Board of Appeals .� Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 ---•JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block 1, Lot 12. 8: 55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. .71 C9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 December 4, 1989. BY ORDER OF THE SOUTHOLD. TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ' CHAIRMAN ; By Doreen Ferwerda FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . . . .. . . . . . . . . . .. 19 ? . . To q. . . � . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated l. . . a. . . . . .. 19 .\. . for permit to .. . . . . . . . . . . . . . . . . . . . . . . at Location of Property . . . . . .�!�!� -. .. . . . . . So- . House No. Street O Ip.i II• County Tax Map No. 1000 Section . . . q.��. . . . . Block . . . . . . :o . . . . . Lot Subdivision . . . . . . . . . . . . . . . . . Filed Map No. .. . . . . . . . . . . . . . . . nLot No. . . . . . . . . . . . . . . . .. . is returned herewith and disapproved on the following grounds . lj�-p-. X II v-o . . . . . . . . . . . . . . . . "r3..Q1c �a�k + Q 1�34„�1.,�.,:,.`�a.��T'.�ou�.•, , !w.- a 39� �.o�G.,.�.�.� .w.�lZ..�;,.., , 7 S�.� . !� .�:�? ,. °`=.. ° ,,- . . . .� :� . . . . . . .V�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BuildingInspector� � � � � � RV 1/80 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL l--ile No. Date . . . . . 19 To PLEASE TAKE NOTICE that your application dated OL S. . . . . , ., 19 for permit to construct . . .)? '. .� �-. . . . . . . . . . . . . . . . . . . Location of Property . . . . . it House No. . . . . r��. .�r4i . . . . S[reo[ . . . . County Tax Map No. 1000 Section . . . . . . Block . . . .0.la . . . . . . . Lot Z..?L% Y.(DJ 1 Subdivision . . . . . . . . . . . . . . . . Piled Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved oil the following grounds - �? 1 ..�. ... . . . :. . . . . . . . . . . Building Inspector rtv ��co FORM NO. 1 a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 ti TEL.: 765-1802 Examined . . . . . . . . . . . . . . . .. 19 . . . Received . . . . . . . . . . . . 19 . . . Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) _ APPLICATION FOR BUILDING PERMIT Date FEBRUARY 25, •, 19 88. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before.issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. PECONIC ASSOCIATES, INC.. . . . . . . . . . . . . . . . . . . . . . . . . . . . (Signature of applicant, or name, if a corporation) P. 0. BOX. 672,. GREENPORT,• NEW YORK• -• 11944• • • . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . AGENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises .RORT •OF •EGYP•T •E4T•E•R.P.R.ISES•,• •I-NC•.• &• REALTY., INC.. • • • • • • • • • (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. PRESIDENT• (Name and title orporate officer) Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . ... . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. ARSHAMOMAQUE, SOUTHOLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . House Number Street Hamlet County Tax Map No. 1000 Section . . . • • • 056 • • Block . . . . . 4 . . . . . . . . . . Lot 10.1 , 11 , & 13.2 Subdivision . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . MARINA AND BOAT STORAGE• • • • • • ; , • • , , b. Intended use and occupancy . ,MARINA AN.D BOAT STORAGE• • • • • • . . . • . . • • . • ,/ 3. Nature of work (check which a:_ cable): New Building . . X. . . . . Ac �Dn . . . . . . . . . . Alteration` ..: . . . . . . . Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition:.., . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Description) 4. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) S. If dwelling,number of dwelling units . . N44 . . . . . . . . . Number of dwelling units on each floor. . . . ... . . . . . . . . . . Ifgarage, number of cars . . . . . . . . . . . .N/A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . .. . . . . . . 6. If business, commercial or mixed occupancy,specify nature and extent of each type of use . . . . . . . . . . . . . . . . . : : . 7. Dimensions of existing structures,if any: Front . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . .. . . . . . . . . . . . . Number ofStories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . : . . . . Height . . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . -8. Dimensi n Q entt* a-new construction: Front . . .i 20 ,ff; , , , , Rem .120 •FT: , , • • , , Depth .?1.2 •F:f HP.laht 6�g EAff b Number of Rtoriec ONE • • •. 9. Size of 1K ro tFA. . . . . . . . . . . . . . . . . . . . . Rear . . . . . . . :Ft:: . . . . . . Depth „300+ :FT. . . . . . . . . . . . . . . . . . . 10. Date of Purchase . . . . .. . . . ... . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Zone or use district in which premises are situated . . . . . "C" .U GHT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law;ordinance or regulation: . . . . . . . .No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . . PORT-OF-EGYf'T HViERPRiSES iiWill excess fill be removed from premises: Yes No 14. Name of Owner of premises C. . ]kddress SO MLD, ,NY , , , , , , , , .Phone No.76572445 . Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name of Contractor.. . . . . . . . . . . . . .. . . . . . . Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . . t PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back.dimensions from property lines. Give'street and block number or description according to deed, and show street names and indicate whether interior or corner lot. - - SEE ATTACHED SKETCH. STATE OF NEW YORK, S.S COUNTY OF . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. Heis the . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . . . . . ... . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . . . . . .. 19 . . . Notary Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County - . . • • kSignature of applicant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ��6 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Port,of Egypt, Enterprises.:.Inc.............. .of Rte....25.......... ........ . ........................... ...... ...... . ... ... .... . ...... . .. Name of Appellant Street and Number S o u t h o l d ,,,,N,;Y.................HEREBY APPEAL TO .....................................Municipality................................... State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ..Feb.:...25.:....1.988..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Port of. Ec,�ypt,Enterprises,,, Name of Applicant for permit N.Y. One BootlegAlleybheer?P.°!�t....................................................... o Streetd Number.......................Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY M permit to construct 1. LOCATION OF THE PROPERTY ..Rt e,;,, 2 5 ,,;,,S o V t h o 1,�,,,,,,,,,,,,,Q;,L ,g,h t,,,I n,d u,s t r,i a,I 4 Street /Hamlet / Use District on Zoning Map District 1000 Section 056 Block:& Lots- 10.�11-13.2-&2-3.3-4-6.1 .............................................................b�.................. urrent ner Port of Egypt Enterprises, Inc. Map No. Lot No. Prior Owner Lieblein family from 1946 to 1978 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-, section an P rogroph of the Zonin Ordinance by number. Do not quote the Ordinance.) Article vII� Secti on 100- (bulk & parking) . I 97.12 (wetlands l 3.. TYPE OF APPEAL Appeal is mad 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 1144sl< (has not) been made with respect to this decision of the Building Inspector or with respect to this. property. Such appeal was ( ) request for a special permit ( . ) request for a variance .and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) ; REASON FOR APPEAL r� Continued IT 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because location of the proposed building 301 from side yard boundary would make efficient parking and ingress and egressjto water- front difficult and congested . 2 . 1ocating the building. 501 from .the front property line would not only place it further back than existing buildings but would make it virtually impossible to - maneuver equipment to place and remove boats from their, storage racks . , 3 . The - boat storage building should be placed or as close as pbssible _ to the existing bulkhead to provide for efficient movement of boats . Moving . it further 'away from the bulkhead would also reduce front yard clearence . hardship created is UNIQUE and is not shared by all properties alike in the immediate .vicinity of this property. and in this use district because This is the only type of .facility (marina and boat storage ) within the immediate vicinity and its continued use for this type of operation i-s in accordance with the proposed Town Master Plan . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because . It would continue and make more effective its present use . (marina and boat storage ) ( alternatiVe use of this site -for a motel is no longer in consideration ) STATE OF NEW YORK Y COUNTY OF � �k j ss ...Signature...... .............. Sworn to this ............ n..................... day of......OA�_ . . ..... ......... ................. 19 e8 .��....................... No o y Public JOAN A. JACOBS NOTARY PUBLIC, State of New Ysk No. A702900 Quc:ified in Suffolk County Commission Expiros March 30, 19eq TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT P6 15, PC F1 I r��5-.- FORMER OWNEk'( Intl - E . , ACR. F, L s W TYPE OF )3UILDING EL 1< 4 ,— RES. SEAS. VL. FARM COMM,. CB. Mles. Mkt. Value — Y,7 LAND IMP. TOTAL DATE REMARKS I b 1/ 7311j,-q �4500- A9 ( 00 0 0 3 r-k let,, 441 11 -12", I-t'- L 17 p 6c?p 'f q- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM. Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD --------------- Total DOCK f TOWN OF SOUTHOLD PROPERTY RECORD CARD / l 0 _ Cr OWNER STREET VILLAGE DISTJ SUB. LOT J FORMERI OWNS !I E I ACR. 1 t�t'r r i wr(" a i, - 1!�:' ,r' —i301 ?" S " W TYPE OF BUILDING RES. SEAS. ! VL. FARM COMM.) CB. MICS. Mkt. Value D' LAND IMP.' TOTAL DATE REMARKS /� �,ry ��' -• . ='/, /t,..(G- /..7 .. - �� C l in � i7 ? � � Cow ,�` U d !¢^ L) 7 ,0 �� '� GCJ /�'��Q:/fyC✓) �i �� 2 !` C Vl �7 �`1 - a 1... c p c� �d• f`� O rr�� ,s •-.� �-, - , ov ES 7- -2 o a Q-d r '/ dc� i ;a/,7o. �`/a.p�+.q•ej /�I.?f?i�;� Gr,a/iSy C 6r'+ 2_ t•. �0 •/� /.ai,:?Sc C_c»;iY n:, t ^.1 l YCej billable FRONTAGE ON WATER Noadlartd FRONTAGE ON ROAD Aeadowkmd DEPTH douse Plat BULKHEAD ry 7 -- 'otal I Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7: 50 p.m. Appl. No. 3873 -=VINKO NALETILIC. Variance to the. Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 1 :55 p.m. Appl. No. 3879 - CHARLES MALONE.. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1) , 100-231 A. , for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8: 00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C) , for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section . 41, Block 1, Lot 7. ,-4NSPECTORS Jr I Victor Lessard 1 Princip l Building Inspector e Curtis Horton ;.� 'Z� SCOTT L. HARRIS,Supervisor Senior Building Inspector ® y`�r51 r cam ' a Southold Town Hall Thomas Fisher w P.O.Box 1179 53095 Main Road Building Inspector '1` _.� `r ' Gary Fish p� Southold, New York 11971 Building Inspector �� Fax (516) 765-1823 Telephone(51.6) 765-1800 Vincent R.Wieczorek Ordinance Inspector Robert Fisher \, Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR L1 Telephone (516) 765-1802 TOWN OF SOUTHOLD ` . .TO: Bennett Orlowski; Chairman, Planning Board FROM: Victor .Lessard, Principal Building Inspector SUBJECT: Port of Egypt DATE: July 22', 1992 Certification of present submission is not possible until conditions set down by Zoning Board of Appeals are indicated and met. I refer you to ZBA hearing 43770, Condition #4. Please find copy of covenants attached. VL:gar (attachement) cc to: ZBA t � PLANNING BOARD MEMBERS tits `."' SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman `' �; 4 �� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald cr 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 TO: Victor Lessard, Principal Building Inspector FROM: Bennett Orlowski, Jr. , Chairm 4nt- RE: Proposed Site Plan for Port of Egypt Enterprises Route 25, Southold SCTM# 1000-4-10.1, 11 7 13 . 2 SCTM# 1000-56-6-3 . 2, 3 . 3, 4 & 6 .1 DATE: July 22, 1992 This is in response to your memorandum of July 22, 1992, in which you indicate that certification is not possible until conditions of the ZBA hearing # 3770, specifically condition #4 has been met. The Board addressed this condition in that it caused the applicant to place the following note on the plan: "Overflow parking will be provided on another lot owned by Port of Egypt Enterprises located to the North of Route 25, Southold, designated as SCTM# 1000-56-4-10.1" • h.w�.w+..,.vr...,........................emu,..ts�.v.ac ' ' Page 6 - 'Appeal No. 3770 I Matter of PORT OF EGYPT -ENTERPRISES, INC. Decision Rendered May T; 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 feat, 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 only; i 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 i (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 .na Ural c 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. I I 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 SOUT.HO.LD TOWN BOARD ©F Ap�£�, ' i l 1 r 2 TOWN OF SOUTHOLD BOARD OF APPEALS c , 3 _ _ _ _ _ _ _ _ _ _ _ _ - BOARD MEMBERS PRESENT: 4 GERARD P. GOEHRINGER, CHARIRMAN - 5 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. 6 JOSEPH H. SAWICKI JAMES DINIZIO, JR. 7 DOREEN FERWERDA, 8 Secretary to Board 9 Town Hall 10 State Road 25 P. O. Box 179 11 Southold, New York 11971 12 September 21 , 1989 7 :30 P. M. 13 ' 14 15 16 17 18 19 20 -21 22 23 24 �- 25 RAM COURT REPORTING SERVICE (516) 727-3168 1 86 c. 2 offer that as a resolution, gentlemen. i 3 MR. GRIGONIS: Seconded. 4 MR. GOEHRINGER: All in favor? 5 (Ayes) . 6 MR. GOEHRINGER: Thank .you very much, 7 gentlemen, for coming in. The next appeal is 8 appeal number 3770 . 7Q-1-7- 9 (Reading) . 10 MR. GOEHRINGER: We ' ve had several site 11 plans. I ' ve had at least one informal 12 discussion with members of the planning staff, r 13 not necessarily the Planning Board. One 14 discussion with the member of the Planning 15 Board. Before me I have a site plan that has 16 just been received. It is received on August 17 18th, 1988? 18 It says it' s checked by Roderick Van Tuyl , ' 19 P.C. , and probably printed by him, but it was _20 probably prepared by consultant. I have a copy 21 of the Suffolk County tax map indicating this 22 and surroundinging properties in the area. 23 The issue at hand is a proposed boat 24 storage building of approximately 125 feet in 25 width and rather extensive enough in size placed RAM COURT REPORTING SERVICE (516) 727-3168 1 87 2 on the east side of Port of Egypt property. e.. 3 I ' ll ask Mr . Wiggins if he would like to 4 speak . 5 MR. WIGGINS: First I would like to review 6 the variances and the differences in the code 7 and explain some of the history and background 8 hardship that goes with it. 9 The first is for excessive lot storage. 10 Code 30 percent, or less than one percent. 11 Front yard is 20 feet the code is 50 . The front 12 yard borders what we term colloquialy as Old 13 Route 25 . That is no longer used as state L r 14 highway. It ' s been used for various people for 15 parking and other uses. 16 Mr . Leibline is in the process of getting 17 a long - term lease or a purchase of that piece 18 that ' s in front. But this probably will take 19 over a year because the State does not move 20 rapidly on disposition or disposal of their 21 property . The rear yard is approximately 40 22 feet and it goes to 75 . 23 The rear yard 40 feet is made into a small 24 section of boat basin. If the rear yard was 25 used to go back to the waterfront, it would be RAM COURT REPORTING SERVICE (516) 727-3168. . 1 88 n -• � 2 over two hundred feet, but the portion of the 3 boat basin used for boat launching is within:. 40- 4 feet of the proposed rear end of the building. 5 This is located there particularly to 6 facilitate movement of boats from storage out of 7 the building and into the water. The side. yard 8 is approximately 15 feet. The code says 30 . 9 This is based on the critical nature of the 10 width of the building . •C 11 The parties involved in the discussions 12 have no objection to the location of that � .� 13 particular 15 feet. 14 The background of this has been quite long g q g 15 and varied. There was originally a proposal to 16 put in a motel . Through suggestions and 17 unofficial input from Town officials this whole 18 idea was dropped. The proposed dry rack storage 19 which is an extension of the owners ' present 20 operation, and also is a permitted use under the 1 21 definition of a marina. 22 There ' s been extensive discussion and 23 revisions and input from the Town Planning r-- � 24 Board. We ' ve indicated every one of their LF ' 25 requirements. The size of the building, the RAM COURT . REPORTING SERVICE (516) 727-3168 . 1 89 2 critical size , is width. For dry rack storage 3 the length of the boat, the movement of the - 4 forklift, turn-radius is based on a lot of 5 experience and a lot of people doing this . 6 Billy Leibline .spent months developing 7 this. It has been submitted to you as a 8 package, also the economics that go with it. 9 The D. E. C. approval has been given. What 10 remains is a final planning board approval. And 11 the approval of the GBA. I ' ll be happy to 12 answer any questions anybody might have. 13 MR. GOEHRINGER: The last time -- I 14 believe the last site plan we received was 15 twelve and a half feet on the east property . We 16 are now back at 15 . That ' s a figure that we can 17 live with on one side , assuming the Board is so 18 inclined to grant this series of applications 19 which we have gone through which are embodied in- 20 this one package, so to speak . 21 I notice that you had changed the parking 22 to slightly skewed instead of being 23 perpendicular to the building and perpendicular 24 to the bulkhead. I also notice in particular -� 25 that the sizes of the building is pretty much RAM COURT REPORTING SERVICE (516) 727-3168 1 90 2 the. same, 125 by 212 . 3 MR. WIGGINS : The ideal width is the 130 4 feet. We reduced it by making plans, the owner 5 made plans to locate the smaller boats on one 6 side , which would restrict some of his 7 versatility. We also moved the building 8 somewhat away from the east property line to 9 make diagonal parking . Doing those two things , 10 he ' s able to reduce the width of the building 11 and move to the building to 15 feet of the 12 property line. r- 13 MR. GOEHRINGER: I don' t have any 14 particular questions at this time. My 15 discussions with the planning consultants were 16 in reference to the drains and so on and so 17 forth. I did see the drainage plan. That 18 basically, although it ' s not the nature of this 19 application, that was one of the concerns that I 20 had had. We are talking about a maximum 21 elevation here of 45 feet. 22 MR. GOEHRINGER: How many racks is that on 23 the side of the building? 24 MR. WIGGINS : I think it ' s 116 racks. I� 25 MR. GOEHRINGER: What' s the elevation on RAM COURT REPORTING SERVICE (516) 727-3168 1 91 2 those racks , three rack high? 3 MR. WIGGINS: Yes , three racks high. 4 MR. GOEHRINGER: He would be placing a 5 certain size boat on one side of the bill and a 6 larger side? 7 MR. WIGGINS: Yes. Two things on the 8 narrow width. One side to the shorter length 9 and on a third height rack would be a real small 10 boat by shortening it actually five feet or , 11 narrowing it extra five feet. 12 MR. GOEHRINGER: Thank you. We ' ll see 13 what develops throughout the hearing. 14 Anybody else would like to speak in favor 15 of this application? 16 (None) . 17 MR. GOEHRINGER: Anybody in the audience 18 that has not had a chance to take a look at this 19 site plan most recently? If you would like us 20 to furnish a copy again, we ' ll place it on the 21 table, and you ' re well come to look at. 22 Anybody like to speak against the 23 application? L7 24 (Show of hands) . 25 MR.. GOEHRINGER: Yes , Mr . Flynn? RAM COURT REPORTING SERVICE (516) 727-3168 1 92 '-1 2 MR. FLYNN: My .name is F . M. Flynn Taupin 3 Drive , Southold. 4 I consider this an important complicated 5 matter , one that my very well set precedence for 6 the future. I have some questions. I would 7 like to make some comments . I would like to 8 explain some calculations that I ' ve made . 9 In the first instance in the environmental 10 assessment in the application that I ' ve seen, 11 the site is listed as being somewhere in the 12 vicinity of two acres. 2 . 1 acres, I believe. r 13 However , in the environmental assessment form, 14 it states that the continuous acraege owned or 15 controlled is seven acres . If this is correct, 16 what we have here is a classic example of 17 segmentation. We are now explaining the use of 18 the entire property for the benefit of the Board 19 and anyone else who may be interested. 20 Segmentation is relatively easy to 21 explain. Presuming somebody has ten acres of 22 land with 30 percent coverage , they can cover 23 three acres of that land or 125 ,000 feet. Now =� 24 should they choose to build all 125 ,000 feet of I� 25 structures at one end of the property, they RAM COURT REPORTING SERVICE (516) 727-3168 i 1 93 2 certainly can' t come in later and say that the 3 other end of the property is vacant land and ., 4 plan a structure for it . 5 Now, that appears to be what ' s happening 6 here. 7 There ' s another question involved and a 8 rather serious one . 9 The application states, again, that the 10 contiguous acreage owned or controlled is seven 11 acres. This is the easterly two lots which are 12 currently the main site of the marina operation. 13 But there' s another lot there that is owned or LC 14 controlled by Mr . Leibline and that ' s the site 15 of the motel . 16 Then, if you add all three of those lots 17 together , you have a total of 9 . 1 acres. Now, 18 this question of segmentation is a very 19 important one. It goes right back to SEQRA and - 20 SEQRA approval . Because SEQRA does not permit 21 segmentation. And this , again, I state is an 22 obvious case of the same . 23 Now, if you were to take the total area of r' 24 9 .1 acres , including the motel site, we have an t 25 entirely different piece of property to deal RAM COURT REPORTING SERVICE (516) 727-3168 1 94 n 2 with. What we have -- incidentally, there ' s 3 another lot there that may very well owned by 4 Mr . Leibline. I believe it is. I don' t have 5 enough detail on it. That' s lot 2 . 2 , 1 . 7 acre 6 site, currently the site of Albertson Marine . 7 I can' t, at this moment, go into detail . 8 If you' d like the information later , I ' ll supply 9 it to you. 10 If you start off with 9 . 1 acres, you have 11 to subtract from that the three-acre minimum 12 requirement for a motel . You' re immediately r` 13 down to a property of 6 . 1 in area. No reduction 14 has been made on my part for the 6800 square 15 foot Albertson Marine building on the same 16 parcel or the fish store of approximately 3800 17 feet, which totals 10 ,400 square feet. It might 18 very well require 40 ,000 feet of site for their 19 operation, or if not that, would have to be 20 deducted from the net buildable area for the 21 marina. 22 Now, we have the 6 . 1 acres after having 23 deducted the motel. Now, we have a restaurant 24 on the site . The restaurant requires 80 ,000 25 square feet , which totals 1 . 8. That leaves us RAM COURT REPORTING SERVICE (516) 727-3168 . 1 95 2 with 4 . 3 acres . Now we have two basins cut into 3 these lots. I calculate them to be 4 approximately 7 ,000 square feet or , again, 1 . 8 5 acres. So the net for marina operations on this 6 property is actually approximately 2 . 5 acres . 7 2 .5 acres equals 108, 900 square feet, at 30 8 percent coverage, allows for 32 ,670 square feet 9 for buildings . 10 I don' t have and it may very well be on 11 that site plan you have there, I don 't have the 12 exact area of the existing storage building , but 13 I believe it to be in excess of 30 ,000 feet. y 14 Now you have already P on the proposed site area 15 an office and shop of 3 ,078 square feet and 16 sales area of 720 feet or 38 square feet, so 17 essentially you have, say, 34 ,000 square feet 18 plus already on the site where the total 19 coverage could only be 32 ,000 square feet. We 20 are now being told that it ' s proposed to put up 21 a building of 28,000 square feet where there is 22 simply no area to build it. 23 To grant this application is to, in 24 effect, rezone the property., contrary to the 25 newly revised zoning ordinance. The proposed RAM COURT REPORTING SERVICE (516) 727-3168 1 96 n -` 2 new building is 28 ,210 square feet. There is 3 also a boat washing pad there which constitutes - 4 a building of 3800 square feet. So we propose 5 or it is proposed, I 'm certainly not proposing 6 it, that 32 ,010 feet of structures be erected on 7 this site, newly. 32 ,010 feet divided by 30 8 percent, the coverage allowance, indicates 9 106 ,700 square feet, or approximately 2 . 45 acres 10 additional would be required to put up this new 11 building. If you grant this variance it' s 12 equivalent to giving Mr . ' Leibline a present of r- 1 13 two and a half acres of land.; 14 That' s putting it as succinctly as I can. 15 You cannot do this . It is not within your 16 power . 17 I ' ve even gone into there based on 3 18 the seven acres , which is stated in the 19 environmental assessment form. I- don ' t believe 20 this , and were it to be contested at law, it 21 would be nine acres. But for the sake of the 22 proof of the matter , we go into it based on the 23 seven acres of entirety, which is conceded by F� 24 the applicant. From this you would have to l 25 deduct, again, the area of the restaurant, or RAM COURT. REPORTING SERVICE (516) 727-3168 1 97 2 1 . 8 acres. And the area of the basins , another 3 1 . 8 acres , which is a total of 3 . 6 acres, and 4 leaves you with an operational marina site of 5 3 . 4 acres. 6 Now, 3 . 4 acres is 148,104 square feet, 7 again times the 30 percent coverage, equals had 8 44 ,435, square feet. Then you have to deduct 9 existing 35 plus or minus square feet, and what 10 you have left, there, obviously is less than ,j 11 10 ,000 feet of building area, versus the 30 some 12 odd thousand feet of building that' s proposed. 13 Again, it makes absolutely no sense. I 14 question who came up with these figures to 15 support any such thing. I also question what 16 kind of site analysis has been made of this 17 property. 18 Now, there ' s another action made by 19 Peconic Associates with respect to this easterly 20 area which they have arbitrarily apportioned 21 from an entirety which it can ' t do. It' s 22 against SEQRA and it ' s against any normal 23 planning procedure. You have to account for the r� 24 entire property. what they say on that plan, = 25 and it may very well be on the plan in front- of RAM COURT REPORTING SERVICE (516) 727-3168 1 98 n 2 you, that the planned area of development is 3 82, 430 square feet. You have a building of - 4 28,210 square feet, that ' s 217 by a 130 . A 5 boat wash of 3800 square feet, that' s the pad. 6 An office and shop of 3 ,078 feet. And a sales 7. office of 720 feet or approximately 36,000 8 square feet. 9 36 ,000 square feet divided by 8,2 , 430 10 indicates 43 percent coverage, or approximately 11 . . 45 percent more than is permitted by the zoning 12 ordinance even if we go along with this r13 arbitrary chopping off of two acres from an 14 overall parcel , which, again, I say you can' t 15 do. So there is no that this meets 16 anybody ' s standards within the Town. I 'm 17 surprised that this application has gotten this 18 far . 19 Now we come up to the question of parking 20 analysis , which may very well be on the site 21 plan that you have there . This was prepared by 22 Peconic Associates , I believe. They say with 23 respect •to parking that for the marina r-� 24 operation, for the boats in the water, there l,. t, 25 should be 122 spaces. For the current dry RAM COURT REPORTING SERVICE (516) 727-3168 1 99 2 storage there should be 80 spaces, and for the 3 .. proposed dry storage in this new proposed _ 4 building, there should be 160 spaces. There 5 should be for the employees four spaces , and for 6 the restaurant 43 spaces. This totals 429 7 spaces at 350 square feet is a 150 ,150 square 8 feet, or 3 .49 acres , which is more than they 9 have to begin with to operate on. 10 What they have done here is arbitrarily 11 reduce the Town' s parking requirements. They 12 have submitted a schedule where for the boats in 13 the water they have reduced parking 14 requiremements by 50 percent. Rather than 15 having one parking place , they propose to have 16 half a parking place. For the dry existing 17 storage , they propose to provide one quarter 18 space. And for the dry proposed storage , again, 19 one quarter of the space . 20 Now, this is very interesting because 21 particularly with respect to this dry storage 22 area what you have is a parking requirement that 23 is as much or as little as one sixth of the r� 24 parking requirements of some of our neighboring 25 communities who also launch boats on the common RAM COURT REPORTING SERVICE (516) 727-3168 1 100 2 facility here of the Peconic Bay. The obverse 3 of this is , if you cut the parking requirement, - 4 you can then launch six times as many boats. 5 This is far from an equitable sharing of a 6 common resource . 7 At any rate, to follow this thing -- I was 8 going to say to it is a logical conclusion but I 9 guess it' s an illogical conclusion, under their 10 proposition, you would be providing for 188 4 11 spaces rather than 402 spaces or 65 , 800 hundred 12 square feet of parking or 1 .51 acres. The 1 13 shortfall in terms of acreage against the 14 existing ordinance is 1 . 93 acres or 241 parking 15 places . 16 Now, no parking reduction has been made in 17 addition to these figures , if I were to accept 18 them, for the motel or marina operations, 19 charter or party boats. People come in to use 20 the ramps and leave a vehicle with a trailer 21 there on the site as well . So this in my 22 opinion, if I may use the term, is a thoroughly 23 ridiculous projection of parking requirements . 24 Now, entirely overlooked in this 17 4 25 situation, and I 'm sure you ' re aware .of it, is a RAM COURT . REPORTING SERVICE (516) 727-3168 . 1 101 2 requirement marine II zoning for 20 percent 3 landscaping . Now, even based on seven acresJ 4 rather than the -- first we ' ll take it on the 5 9 . 1 . You require 1 . 8 acres of landscaping. 6 That ' s going to detract from the parking , it' s 7 going to detract from other uses on the 8 property. But it ' s in the ordinance. Based on 9 the seven acres , it still requires a reduction 10 of property that couldn' t possibly be used for 11 parking of 1 . 4 acres or 60 ,984 square feet. 12 This is the equivalent for reduction of parking 13 for 174 cars . L- 14 There simply isn' t enough land area here 15 to support this application. I don ' t know how I 16 can say this again without sounding endlessly 17 repetitive , this , in my opinion, is a clever way 18 to segment the application and in effect pull 19 the wool over the eyes of the Board. 20 And the Board of course doesn' t simply 21 grant variances like passing out peanuts . 22 There' s some proof needed on the part of the 23 applicant. -We have none of the usual proof 24 here. There is a distinct type of proof that is 25 required for waterfront properties, at least by RAM COURT REPORTING SERVICE (516) 727-3168 1 102 2 the New York Department of State, with respect 3 to their waterfront management program, 4 waterfront revitalization program or however you 5 want to term it . 6 They say that in effect they have adopted 7 the premise that marina construction or 8 expansion is based on need demonstrated need. 9 This subject property for the last several 10 years , any of you have driven by Route 25 , and I 11 presume you have all observed the sign out there 12 continuously "slips available" . As a matter of r13 fact, there was a sign out there : "Slips 4 " 1 available until after July 4th of this year . 15 I guess I inadvertently caused its removal 16 because at one of the meetings before the 17 revitalization committee I mentioned the fact 18 that there was apparently no shortage of slips. 19 If there ' s no shortage of slips there is no 20 demonstrable demand. And this is all an 21 exercise in futility. 22 Now, I ' ve heard mention of the fact that 23 the eaves of the building will be 25 feet in r =� 24 height giving a maximum of 45 feet at the ridge I 25 and an average height of 35 feet. Frankly, I RAM COURT REPORTING SERVICE (516) 727-3168 1 103 2 believe 45 feet is pretty excessive height to 3 build any place . And I question whether you 're 4 going to get boats three high with.in an area -- 5 against a wall height of 25 feet. 6 What has been ignored here also is the 7 question of health, safety , and general welfare. 8 What is proposed is to put this ponderous 9 structure in close proximity to the east of the 10 property line. 11 Now, this is an extremely dangerous 12 building. Boats are stored in it with full fuel r 13 tanks or even worse, with partially filled fuel 14 tanks . You have the potential for an explosion 15 of fire or other types of catastrophe to which 16 marinas are particularly prone. I speak from a 17 background of 45 years exposure to shipyards and 18 marinas. What you have here is possibly 19 presuming on the ignorance of the . neighboring 20 property owners , as to what a potential for 21 catastrophe you ' re locating in direct proximity 22 to their property and in general direct 23 proximity to Route 25 . r-� 24 Another aspect of it is the traffic 25 problem, which hasn' t been touched on. I know RAM COURT REPORTING SERVICE (516) 727-3168 1 104 n �- 2 some mention has been made of parking on the 3 north side of Route 25 . This in itself is a ' 4 hazardous situation. You ' re going to have 5 numerous, if it ' s permitted, you will have 6 numerous drivers strolling across Route 25 . 7 There ' s no traffic control whatsoever. It' s 8 heavily traveled road, particularly during the 9 boating season. There ' s no traffic control . 5 10 And the possibility of injury to pedestrians is we 11 extreme . 12 You also have a situation there that r 13 certainly should be brought to the attention of 14 the D epartment of Transportation where in effect 15 Route 25 is used as part of the marina 16 operation. Boats are transported across Route 17 25 routinely by forklift, truck or other 118 instance by travel lift. These are bulky slow 19 moving Ivehicles and present a hazard to the 20 motoring public . This is a question that has 21 been ignored in this context. 22 Now, I am coming to the end of this, I ' m 23 presuming you will be glad to hear . ,---� 24 There are other things here that really 1 25 should be gone into. There ' s the question of RAM COURT REPORTING SERVICE (516) 727-3168 1 105 2 boat storage. 122 boats in the water. 122 3 boats in the water require winter storage . Now,,- 4 my experience with boats of this type and 5 particularly . where you intend to have rack 6 storage for smaller boats , is that these 122 7 boats in the water would be boats of medium to 8 large size. When you handle these boats with a 9 travel lift, you require somewhere 1000 to 1 ,250 10 square feet of upland area per boat to allow for 11 the use in maneuvering of travel lift and 12 required space between the boats . 13 What you obviously have here is a 14 requirement for winter storage. Incidentally, _ 15 some--few of the boats that are stored in the 16 water -- moored -- docked in the water in the 17 summertime may not be stored in the upland 18 storage area in the winter time. I have to 19 concede that. 20 But on the other hand one of the most 21 remunerative sources of marina business are 22 private boat owners store boats at their own 23 dock side in the summertime and bring them to 24 the marina site for winter storage . Presume b 25 these two things to cancel themselves out, you RAM COURT REPORTING SERVICE (516) 727-3168 1 106 —1 - 2 have a requirement for winter storage for boats 3 other than the ones in rack storage in the 4 building of approximately 122 ,000 feet, or three 5 acres , of ground storage. 6 So in conclusion, I would suggest that 7 somebody go over this thing methodically. I 'm 8 sure they' ll come to the same conclusion that I 9 have : That there is absolutely no room on this 10 property for the proposed erection of the -- 11 erection of the proposed structure. 12 If you ' d like, I realize what I ' ve said is 13 somewhat complicated, I ' ll be 'glad during the 14 course of the coming week , to present this to 15 you in written form so you can analyze it in a 16 context of the site plan. I ' ve come to the end 17 of my over long presentation. If you have any 18 questions I would be happy to try to answer 19 them. 20 MR. GOEHRINGER: Appreciate you coming in 21 Mr . Flynn and we appreciate your suggestion to 22 us to reduce it to writing . But we do have this 23 very nice lady over here. She will transcribe r=� 24 it for us. I 25 MR. FLYNN: I ' m not the most eloquent RAM COURT REPORTING SERVICE (516) 727-3168 1 107 2 speaker. I recognize that. 3 MR. GOEHRINGER: When we get the 4 transcript back , we ' ll analyze it based on the 5 transcript. We appreciate your comments. 6 MR. FLYNN: Thank you . 7 MR. GOEHRINGER: Thank you. 8 MR. WIGGINS : Mr . Chairman, can I finish 9 up? 10 MR. GOEHRINGER: Yes. 11 MR. WIGGINS: Two things. The site 12 coverage , lot sizes, was based on survey by Van 13 Tuyl . The area to the west, which is -- was 14 excluded also all of the basins was excluded. 15 We did not exclude the property owner across the 16 street. Those were itemized on the site plan. 17 I would like to request an adjournment to 18 this hearing , get a copy of the transcript and 19 give the owner and the applicant a chance to 20 respond to those for your information. 21 MR. GOEHRINGER: Sure. Could you supply 22 us, possibly with whatever deed you may have 23 concerning not the original , of course , but r-� 24 copies so we can take a look and see if there is L I 25 apparent rights here , or whatever the situation RAM COURT REPORTING SERVICE (516) 727-3168 1 108 2 might be , concerning this marina in total 3 basically. I would appreciate that. 4 MR. WIGGINS : yes , will do. 5 MR. GOEHRINGER: At this particular point, 6 I guess -- unless anybody else would like to 7 speak . 8 MR. FLYNN: Mr. Van Tuyl submitted to you , 9 I believe, a survey of the property which 10 encompasses the motel site. So I would consider r 11 that as being rather proof positive if the issue 12 arises as to whether it belongs to Mr . Leibline r a 13 or not. It says I believe it was entitled 14 property of the marina operation. 15 Also, there ' s a little bit of a trick 16 involved, here. It may be shown as being in the 6 17 ownership of the Suffolk County Industrial 18 Development Corporation. However , I checked 19 that with the Suffolk County Development 20 Corporation. They said they are only the 21 Titular owners . Mr . Leibline actually owns the 22 property and can put it back into his name 23 whatever he pays, whatever the balance due to 24 them is. And in fact, their ownership makes the 25 property tax exempt. That was part of the RAM COURT REPORTING SERVICE (516) 727-3168 1 109 2 reason for pits being may have had in that 3 ownership. 4 MR. GOEHRINGER: You ' re referring to the 5 motel , not to the marina. 6 MR. FLYNN: I ' m not Albertson Marina. I 7 haven' t checked in Riverhead. The assessment 8 shows Bud Pine (ph. ) is the owner . Mr. Leibline 9 is the an officer of the Bud Pine. I. do know 10 Mr . -- the proprietor of Albertson Marina leases 11 at least some of the property from Mr . Leibline. 12 Thank you . 13 MR. GOEHRINGER: Thank you . 14 At the request of consult , we ' ll recess 15 this hearing with no date , waiting for the 16 transcript to be transcribed and reduced to 17 writing . 18 MR. DINIZIO: Can I ask a question of Mr . 19 Flynn? 20 MR. GOEHRINGER: Yes. 21 MR. DINIZIO: Is what you ' re saying, and 22 I ' m relatively new to the Board of Zoning , what 23 you ' ve said tonight is fairly new to me , that r-� 24 the buildings that are on the property -- that i 25 may not include the new building but the old RAM COURT REPORTING SERVICE (516) 727-3168 1 110 77 L( 2 buildings, you feel that in effect the lot 3 coverage of this new building -- 4. MR. FLYNN: They approximate the maximum 5 lot coverage that would be permitted on the site 6 without adding this new structure. That' s what 7 I 'm saying. 8 MR. DINIZIO: Say a restaurant needs a 9 certain amount of .parking -- 10 MR. FLYNN: The inimum requirement of 11 80 ,000 square feet, which is approximately 1 . 84 12 acres for a restaurant. In the ordinance it r_ 13 says that. 14 There is a requirement not of builders 15 acreage but actual acreage of three acres for a 16 motel . And for any other use, special exception 17 use , you would also require a minimum plot of 18 80 ,000 square feet. 19 So the property is there. You have to 20 take out the prior developed areas and end up 21 with the net area for marina operations . 22 MR. 'DINIZIO: This is all included on that 23 particular site plan, the restaurant is on r 24 there. 25. MR. FLYNN: The restaurant is. The motel -3168 RAM COURT REPORTING SERVICE (516) 727 1 111 2 isn ' t. What I 'm maintaining, the motel site 3 should be , because as stated in the application, 4 the question in the application was what was in 5 contiguous and current common ownership. I 'm 6 maintaining that the motel is also part and 7 parcel of that contiguous portion of the south 8 side of the road. 9 MR. DINIZIO: Even though it' s under a 10 different name? 11 MR. FLYNN: It doesn' t make any r 12 difference . I 13 MR. DINIZO: You ' re saying that the use of 14 that and the amount of land that would be 15 applied to the motel would -- 16 MR. FLYNN: -- have to be three acres. 17 MR. DINIZIO: To this new building also? 18 MR. FLYNN: Over 9 . 1 acres . 19 By way of clarification, it says in the 20 application not only in effect owned by, but 21 also says controlled by. And this Suffolk 22 County Industrial Development Corporation told 23 me in effect no matter what it may appear on the r-� 24 surface, it is controlled by Mr . Leibline. I 25 MR. DINIZIO: Thank you very much. RAM COURT REPORTING SERVICE (516) 727-3168 1 112 2 MR. FLYNN: Thank you. 3 MR. GOEHRINGER: Getting back to the 4 motion. I 'm offering a motion to recess this 5 particular hearing without a date and specific 6 reason for it is to reduce the testimony that 7 was put before us tonight to writing so that we 8 may study it. In the interim so will the 9 applicant. 10 We will then get back to the applicant as 11 he will get back to us and we will readvertise 12 this for the new date when everybody has ir 13 digested this information. +. 14 MR. SAWICKI : Second. 15 MR. GOEHRINGER: All in favor? 16 (Ayes) . 17 MR. GOEHRINGER: Thank you very much 18 everybody for coming in. 19 The second to last hearing is appeal 20 number 3842 . 21 (Reading) . 22 MR. GOEHRINGER: I have a copy of the 23 buyer plan. _ We are talking about building 24 number 16 , here. The construction on that 25 particular parcel , that particular site. I have RAM COURT REPORTING SERVICE (516) 727-3168 .. 1 3 n 2 CERTIFICATION 3 4 I , JENNIFER MAUE , a Notary Public in 5 and for the State of New York , do hereby certify: 6 THAT the witness (es) whose testimony is 7 hereinbefore set forth, was duly sworn by me; 8 and 9 THAT the within transcript is a true record 10 of the testimony given by said witness (es)-. 11 I further certify that I am not related, 12 either by blood or marriage , to any of the parties 13 to this action; and 14 THAT I am in no way interested in the 15 outcome of this matter . 16 IN WITNESS WHEREOF , I have hereunto set 17 my hand this 6 day of October , 1989 . 18 19 . 20 21 22 23 ENNIFER MADE 4 24 25 RAM COURT REPORTING SERVICE (516) 727-3168 2 TOWN OF SOUTHOLD: COUNTY OF SUFFOLK 3 SOUTHOLD TOWN BOARD OF APPEALS ---------------------------------------- 4 5 6 7 AGENDA 8 9 REGULAR MEETING 10 11 WEDNESDAY, NOVEMBER 8, 1989 12 7 13 LC ; 14 15 16 17 BOARD MEMBERS: 18 19 Gerard P. Goehringer, Chairman 20 Serge Doyen, Jr . 21 James Dinizio, Jr. 22 Doreen Ferwerda , Secretary to Board 23 ' 24 25 RAM COURT REPORTING SERVICE (516) 727-3168 /*/S7 t 1 77 n 2 particular time. It is our opinion that the 3 date is going to be November 30th. That date 4 could change one week later. We ' ll know 5 approximately ten days before which is around 6 the 20th of November and we ' ll then readvertise 7 in the paper and we' ll of course inform the 18 8 applicant and Mrs . Cochran in the same 9 situation. 10 We thank you all very much for your 11 courtesy and have a save trip home. 12 I have before me the Port of Egypt file in r 13 somewhat a scattered order. We had recessed 14 this hearing on the 21st of September and we. 15 came back the following meeting. We had a 16 special meeting and we advertised for a date 17 which is tonight, and therefore by the nature of . 18 what I have just stated, I ' m opening the hearing 19 and I 'm asking Mr . Lieblein if he would like to 20 address the board? 21 MR. LIEBLEIN: I have submitted in writing 22 a copy of this letter. I don' t know if that 23 eliminates the necessity of the copy that I say. r. 24 I thought it might save the town some money . 1 25 I have a letter dated November 8th 1989 RAM COURT REPORTING SERVICE (516) 727-3168 �� l 1 78 J 2 addressed to Mr . Gerald Goehringer , Town Board 3 of Appeals , Southold Town Hall, Southold, New 4 York 11971 . 5 Dear Mr. Goehringer, We appreciate the 6 board' s recessing the last meeting to allow us 7 to respond to the questions raised by Mr . Flynn 8 at that time. We received a copy of the 9 transcript on October loth. Mr. Flynn' s 10 comments cover from Page 92 to 112 and they 11 cover many different subjects. I will try to 12 respond to them in a logical manner . 13 As I read the transcript I got the 14 distinct impression that Mr . Flynn feels that I 15 and my family are sly, sneaky, devious 16 businessmen and all the other, owners of marinas 17 are probably like us. I refer here to the 18 comments on Page 94 about other lots I may own 19 on Page 102 where he refers to the "Slips 20 Available"sign which he insinuates I removed 21 when I realized he would use it against me. And 22 on Page 108 where he refers to a "trick 23 involved" implying that some attempt has been Cl24 made to cover up the fact that I have an 25 interest in the property on which the motel is RAM COURT REPORTING SERVICE (516) 727-3168 t 1 79 n i _j 2 located. 3 My family has been operating the Port of 4 Egypt since February 1946 -- over 43 1/2 years. 5 I worked there part time all through grade and 6 high school and full time since February of 7 1969 , or over 20 years . During all these years 8 we ' ve worked at building up the business so it. 9 could support all the family members as well as 10 non-family members who work there. At the same 11 time we ' ve been good neighbors in the community 12 and have provided services that are needed. 13 That' s why I resent the implication that we are 14 bad people. Like most other small businessmen , 15 we have invested money , time and energy into our 16 business with the hope of making a profit. We 17 always face the risk of losses due to changes in 18 the economy or hurricanes like Carol in 154 or 19 Gloria in 185 . 20 The reason we want to build the new 21 storage building is to allow us to fullfill a 22 demand for service , primarily winter storage at 23 this time, and increase our income base so we 24 will be less susceptible to fluctuations in the 25 boat sales end of our business. RAM COURT REPORTING SERVICE (516) 727-3168 1 1 80 i 2 Having stating my position, let me address 3 the comments made by Mr . Flynn. 4 On Page 93 , Mr . Flynn makes reference to 5 the property on which the motel is located. 6 This property was purchased in 1984 by myself, 7 my wife, her brother and his wife . Since we are 8 all equal shareholders , I own 25% , if it is 9 assumed that I can convince my wife to go along 10 with my wishes , then I control 50% . 11 We purchased the property through the 12 Suffolk County Industrial Development Agency. 13 On Page 108 Mr. Flynn implies that this was a 14 bit of trickery on our part, as I mentioned 15 earlier. In addition he throws in a zinger at 16 the bottom of Page 108 in which he states that 17 by using the IDA, hiding behind the IDA, we are 18 tax exempt. I use the term " zinger" here 19 because Mr. Flynn is trying to show or prove 20 that we used devious means to get the money to 21 buy the property and we don' t pay taxes besides. 22 Let me state the real facts here. The 23 purpose of an IDA loan is to help new businesses 24 start and existing business grow by making money 25 available at a reduced rate and providing some RAM COURT REPORTING SERVICE (516) 727-3168 1 81 -� 2 tax breaks. We actually borrowed the money from 3 North Fork Bank and Trust Company to purchase 4 and refurbish the property, which was extremely 5 run down. The bank loaned us the money at 11% 6 which was a lower rate than usual because they 7 are exempt from income tax on the interest 8 income they receive. 9 We are not exempt from property taxes. We 10 make a payment in lieu of taxes. This year we 11 paid $24 ,907.00 . 12 We bought the property because we thought 13 it was a good investment. However , primarily ►� 14 because of brown tide , it has not been such a 15 great investment. There are no scallops so the 16 scallop shop closed down. The fish in the bays 17 were not so numerous so sales of fish and 18 fishing tackle are down, and tourists have not 19 been overabundant, so the motel revenue is down. 20 At the present time we ' d like to sell but 21 the real estate market is down too. 22 I now state that in evaluating the 23 requests for variances with regard to our 24 permit , the motel property should not be 1�- 25 considered. I 'm sure the town attorney can rule RAM COURT REPORTING SERVICE (516) 727-3168 1 82 2 on that. 3 By the way, with reference to Albertson 4 Marine on Page 109 , Albertson Marine leases the 5 marina sales store on the property . 6 Let ' s go back to Page 102 where Mr. Flynn 7 refers to our :"Slips Available" sign and draws 8 the conclusion that there is no demonstrable 9 demand and this is all an exercise in futility. 10 This year we never quite filled all our slips. 11 We had about ten open and we had about ten 12 openings in high and dry. Based on the increase 13 in demand for slips and high and dry space , next 14 year we expect to be at 100% . Next year , if we 15 have not rented all our slips over the winter, 16 we will put the sign out again. 17 No growing business waits until it is at 18 capacity before it expands to meet demand. It 19 tries to anticipate demand. Providing available 20 high and dry slips is a logical step on our 21 part. 22 We, in fact, have a present demand for 23 inside winter storage which greatly exceeds our Cl24 capacity. We now have a waiting list. By 25 Christmas our present building will be RAM COURT REPORTING SERVICE (516) 727-3168 1 83 n 2 completely filled , as it has been for the 3 previous two winters . It was this demand that 4 caused us to decide to erect a new building 5 three years ago. By the way, our first meeting 6 with town representatives took place two years 7 ago November- 8 On Page 105 Mr. Flynn makes reference to 9 the winter storage needs of boats in -the marina 10 as well as those of area boaters who keep their 11 boats near their homes. It is the needs of 12 these boaters that have created the immediate demand 13 just mentioned. And u j providing winter 14 storage is one of a marinas key income sources. 15 We could not survive without it. 16 There are some key factors that should be 17 brought out here. Some of the boaters who dock 18 their boats in the water take their boats home 19 for the winter as Mr . Flynn properly stated. 20 The same is true of people who keep their boats 21 in high and dry. Over the years, we have 22 observed that as high and dry boats leave , we 23 fill in with winter storage of boats. 24 One of the problems we face when we fill I� 25 our building to capacity is that we cannot get RAM COURT REPORTING SERVICE (516) 727-3168 1 84 2 at those boats to work on them, that is to 3 conduct maintenance requested by the owners . 4 When we are trying to get this work done and 5 thus keep our employees working, we have to do a 6 lot of boat juggling which is time consuming and 7 expensive. The new storage building will 8 relieve this pressure. 9 On Page 105 Mr . Flynn states that 1000 to 10 1250 square feet are required to store boats 11 when a travel lift is used. Even a 10 by 30 12 boat only takes 300 square feet, not 1000 to 13 1200 . We don' t use a travel lift, but even 14 yards with a travel lift use the space between 15 large boats to store small boats. So no space 16 is wasted. 17 One of the plus sides of a storage 18 building is that it allows three to four times 19 as many boats to be stored on the area of upland 20 which should be considered a very positive 21 benefit. 22 On Page 102, Mr. Flynn raises the question 23 of how we can stack boats three high with a 25 19 24 foot eve height. I don' t know what that has to 25 do with the request for a variance , but it RAM COURT REPORTING . SERVICE (516) 727-3168 1 85 2 happens that we will be able to stack boats 3 three high and if the boats are small , four 4 high. 5 He also states that the building is 6 dangerous on Page 103'. Similar structures exist 7 all over the country. There have been a few 8 fires. -That ' s certainly one of the big fears of 9 every marina owner. We all take as many 10 precautions as possible and the risk is minimal . 11 When there is a fire, the boats don' t explode. 12 They burn and the building collapses on top of 13 the boats and it' s a big mess. That' s one of 14 the risks we take in the business. In this case 15 we propose to erect the building in an area not 16 adjoining dwellings. There ' s a 60 foot buffer 17 to the marina on the west and over 60 feet to 18 the chicken restaurant and offices to the east 19 with a septic system in between. So nothing 20 would ever be built there. So it would appear 21 to be as safe a place as one could find in the 22 area . 23 On Page 98 Mr . Flynn gets into a lengthy 24 analysis of parking. It is my understanding 25 that that question is in the hands of the RAM COURT REPORTING SERVICE (516) 727-3168 1 86 2 planning board. However , I ' d like to address it 3 for the record. Based on our experience over 4 the past 20 years , we never have had even 50a of 5 our boats in use on any given day. In our 6 proposal to the planning board, we have 7 dedicated all .-our land on the north side of 8 Route 25 to parking. We don' t anticipate that 9 we ' ll ever need this area and, in fact , we hope 10 that in the future a realistic figure will be 11 placed on parking requirements, which will allow 12 us to use that land for something else . 13 We would like to point out that on an 14 occasion when parking requirements were in 15 excess of spaces shown on the plot plan, we 16 could park cars in the bottom bays of the 17 building which would take care of 40 cars 18 instantly. And we could always resort to 19 stacking the cars in the boat racks or use valet 20 parking inside . 21 As the board probably knows , Southold Town 22 conducted a survey this summer at all the 23 marinas in town to see what parking requirements 24 really were. The results of , the survey showed 25 that even on the busiest weekends, requirements RAM COURT REPORTING SERVICE (516) 727-3168 1 87 n 2 were only about one car for three boats . 3 Our application is before this board for a 4 ruling on three variances. We need the side ' 5 yard variance so as to allow the maximum parking 6 on the west side of the new building. This will 7 also minimize ..the reduction of the view towards 8 the water from the road and the existing 9 restaurant, Armando' s. 10 We need the front yard setback to give the 11 most maneuvering area on the south side of the 12 building by the water. The building will be 13 further off the road than existing buildings 14 on the property and its location will not change 15 the character of the neighborhood . 16 Gentlemen, we have tried to analyze all 17 the various calculations of Mr . Flynn from Page 18 92 through 101 unsuccessfully. We certainly 19 could not see why the concrete washing pad in 20 front of the building would be considered a B 21 building by Mr. Flynn, I ' m referring to Page 96 . 22 There is no attempt at segmentation of our 23 property. We had Van Tuyl Surveyors calculate —, 24 the area o fall the land belonging to Port of 25 Egypt Enterprises on teh south side of Route 25 RAM COURT REPORTING SERVICE (516) 727-3168 n 1 88 S J 2 and that area is 216 ,058 square feet. It does 3 not take into account the basin. The actual 4 area of each building was also calculated and 5 the total is 66,498 square feet. The total 6 building are is 30 . 78% of the total land area. 7 Since this is .only slightly over the limit of 8 30 % we ask for the waiver on that percentage 9 coverage also. 10 We would like to add that we are presently 11 negotiating with the New York State Department 12 of Transportation to purchase or lease, at a r 13 minimum, the area directly in front of the 14 restaurant. If and when that occurs , we will 15 have- at least 9240 square feet of additional 16 -"land which will reduce our lot coverage to 17 29 . 5% . It - certainly appears likely that this 18 will occur since the Department of 19 Transportation in its letter to the planning 20 board dated June 29th 1989 says that they will 21 require us to lease the land. 22 As stated above, it ' s a fairly simple 23 calculation of land area and building are and 24 the figures speak for themselves. 25 We thank the board for taking the time to RAM COURT REPORTING SERVICE (516) 727-3168 1 89 2 allow us to respond to Mr . Flynn' s comments. If 3 as a result of any further comments made by Mr . 4 Flynn or anyone else, the board needs further 5 information from us, we will be happy to provide 6 it. We have with us the deeds requested at the 7 last hearing . , We ask that the board review the 8 facts and make a decision on our request as soon 9 as possible. 10 Sincerely, William H. ' Lieblein, 11 President, Port of Egypt. 20 12 MR. GOEHRINGER: The only question I want KI13 to ask you is do you own the title to the basin, 14 the under water lands? 15 MR. LIEBLEIN: Good question. We own the 16 land and we dug the hole. If you dig a hole and 17 . let the water in, I don ' t know if that means you 18 don' t own the land anymore. I think you still 19 own it. 20 MR. GOEHRINGER: That doesn' t mean that 21 you have exclusive control over it, as you know, 22 but you probably feel that you have title to the 23 land? 24 MR. LIEBLEIN: Yes. 1 25 MR. GOEHRINGER: Thank you very much. RAM COURT REPORTING SERVICE (516) 127-3168 + 1 1 90 ir 2 I just wanted to mention to you what we 3 will do is we won' t be closing this hearing and 4 more or less a proformer act at the next 5 regularly scheduled meeting and we ' ll be doing 6 that in case there ' s anything forth coming . 7 MR. LIEBLEIN: I understand and I didn' t 8 expect a decision tonight. 9 MR. GOEHRINGER: Well, we have a quarum. 10 MR. LIEBLEIN: All your members aren' t 11 here. 12 MR. GOEHRINGER: No. We don' t know if Mr . r� 13 Flynn is going to come in and ask for a copy of L 14 this which you have supplied us with and he may 15 make a comment or two and at that time you may 16 want to make a following comment, and if we 17 close the hearing we can ' t take anymore 18 comments. 1 19 MR. LIEBLEIN: So you can' t close the 20 hearing tonight? 21 MR. GOEHRINGER: I want to close it at the 22 next regularly scheduled meeting which is 23 November 30th. 24 MR. LIEBLEIN: Okay. I don' t have any 25 control. You ran an ad and you said we ' re going RAM COURT REPORTING SERVICE (516) 727-3168 1 91 n 2 to have a meeting. If you have any questions. 3 I 'm asking that you close the hearing and make 4 your decision. 5 MR. GOEHRINGER: Well, let me ask the 6 board . 7 MR. DINIZIO: I ' m for closing the meeting. 8 MR. LIEBLEIN: We ran an ad and everyone 9 who wanted to come had an opportunity to speak 10 and it ' s page 92 to 112 . Maybe he didn' t get a 11 chance to say everything at that meeting . I 12 don ' t know. U13 MR. GOEHRINGER: Let' s see if there' s 14 anybody else who wants to speak . 15 MR. LIEBLEIN: Fine. Thank you. 16 MR. GOEHRINGER: Is there anybody else who 17 would like to speak either in favor or against 18 this application, this is Port of Egypt. It is 19 a building 25 ,000 square feet. 20 MR. LIEBLEIN: No, 27 ,000 square feet. 21 It ' s a big building for storing boats. 22 MR. GOEHRINGER: Hearing no further 23 comment, I make a motion to close the hearing- 7 24 All in favor? I 25 THE BOARD: Aye . RAM COURT REPORTING SERVICE (516) 727-3168 I r 1 92 `a 2 MR. GOEHRINGER: Thank you very much and I 3 thank you for coming . 4 MR. LIEBLEIN: Thank you for your 5 patience. 6 MR. GOEHRINGER: ' No problem. Have a safe 7 trip home . 8 (TIME NOTED: 9 : 25 P. M. ) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RAM COURT REPORTING SERVICE (516) 727-3168 r .,G.� 93 2 CERTIFICATION 3 4 I, BARBARA J. ZILNICKI a Shorthand 5 Reporter and Notary Public in and for the State -6 of New York , do hereby certify: 7 8 THAT the foregoing is a true and accurate 9 transcript of my stenographic notes . 10 11 IN WITNESS WHEREOF , I have hereunto set my 12 hand this /dr day of L�«�n�-, . 1989 . r 13 14 15 16 BARBARA J. rILNICKI 17 18 19 20 21 22 23 r 24 1 ' 25 RAM COURT REPORTING SERVICE (516) 727-3168 , 1 - 2 3 4 5 6 7 8 r 9 10 SOUTHOLD TOWN BOARD OF APPEALS 11 MEETING OF 12 DECEMBER 19 , 1989 Time: 7 : 35 p.m. 13 14 MEMBERS ARE: 15 James Dinizio 16 Joseph H. Sawicki Gerard P. Goehringer, Chairman 17 Charles Grigonis 18 Serge Doyen, Jr. (Absent) 19 Doreen Ferwerda , 20 Secretary to Board 21 22 23 24 25 RAM Court Reporting Service 216 Court St.,Riverhead,N.Y.,(53L6)727.316E 70 2 (5- that is the five parking spots. Regarding the 3 � observations and remarks of the traffic, I would 4 - like these gentlemen to tell us where they were 5 °Q when four years ago I stood before the Town 6 Board regarding the critical issues of traffic, 7 and I have a .correspondence exchanged. I 'm not 8 going to elaborate because we' re only asking 9 for what the place is entitled to get corresponding 10 to the five parking spots . Thank you. 11 MR. GOEHRINGER: Hearing no further comments 12 I ' ll make a motion closing the Hearing reserving 13 decision until later. 14 MR. SAWICKI : Second. 15 MR. GOEHRINGER: All those in favor? 16 THE BOARD: Aye. 17 MR. GOEHRINGER: Thank you very much for 18 coming in. The nature of appeal number 3770 is 19 an application for the construction of a 20 storage building on the property better known 21 as the Port of Egypt. I 'm asking the Board to 22 re-open this Hearing so that we might place at 23 least one piece of evidence from a member of the 24 community and so that we might ask the applicant 25 for one other thing from him concerning this RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., (516)727-3168 S 1 71 2 _ before we close the Hearing. I would admit to 3 you that the reason for the opening of this 4 Hearing is only for those two reasons and, 5 therefore, gentlemen, I ' ll make a motion to 6 re-open the Hearing. 7 MR. GRIGONIS: Second. 8 MR. GOEHRINGER: All in favor? 9 THE BOARD: Aye. 10 MR. GOEHRINGER: Thank you for coming down 11 Mr. Lieblein and I know that this is a closed 12 Hearing from the prior meeting, we very rarely 13 open the Hearings again but in a discussion with 14 the town attorney he has requested us to secure 15 from you a single and separate search on the 16 marina property indicating that. And this has 17 nothing to do with the motel. And that' s 18 basically what he' s requesting. He' s also 19 asking for a total acreage figure exclusive of 20 the basin, which I think we have. Okay? 21 But if you could give us an approximate acreage 22 figure of the basin so that we could have that 23 for our files. We are not looing in any way to 24 continue the length inessof this particular 25 Hearing. As you can see the width of it as to date RAM Court Reporting Service 216 Court St-,Riverhead, N.Y., (516)727.3168 1 - 72 2 T is quite large. We know that this is a burden 3 upon you and I am truly sorry for it. If I 4 had been aware of the fact that this is what 5 he wanted prior to this, I certainly would have 6 asked for it. 7 MR. LIEBLEIN: Would you define what you 8 mean by a single search? 9 MR. GOEHRINGER: A single and separate 10 search? 11 MR. LIEBLEIN: Yes. 12 MR. GOEHRINGER: That's basically where 13 you go to the County Clerk' s Office and you 14 ask for a single and separate search and what 15 they do is they search the history of the parcels 16 around your parcel indicating that your parcel 17 was in no way or in some way or might have been 18 in some way a part of and token of your 19 particular parcel. 20 MR. LIEBLEIN: I 'm sure that I can go to 21 Mr. Shondenbare and he' ll give us a legal 22 explanation of what he wants. 23 MR. GOEHRINGER: Well, that' s basically 24 what my opinion is . But I 'm not an attorney. 25 MR. LIEBLEIN: I 'm just curious. Is this RAM Court Reporting Service 216 Court St.,Riverhead, N.Y.,(53E6)727-3166 \, 9 i 1 73 2 _ an expensive thing or you just go to the County 3 � and they do it. 4 MR. GOEHRINGER: Well, I don' t think it 5 has to be certified. I would say that the 6 title search from the County Clerk' s Office to 7 my knowledge. costs $50 . 'I have no idea. There 8 are at least 'two contiguous pieces on each side 9 so they' ll have to search either one of those, 10 one, of course, belongs to the Southold 11 Corporation or whatever the name of the 12 industrial corporation is . 13 MR. LIEBLEIN: C & L Realty. 14 MR. GOEHRINGER: And the other one belongs 15 to Almondo Cappa. So you might have to get 16 two searches. 17 MR. LIEBLEIN: Okay. 18 MR. GOEHRINGER: And that' s. basically 19 the situation. And then they usually search 20 your parcel, also. And, of course, you've given 21 us a deed to one particular area. But that' s 22 the best of my ability of what we ' re requesting 23 at this particular time. And again, I apologize 24 to you for the inconvenience because as you know 25 it' s not normally a situation that we re--open the RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 r, t 1 74 2 Hearing. 3 MR. LIEBLEIN: The acreage that you were 4 given was, of course, the, acreage of the land 5 which was calculated by VanTuyl and we'd be 6 happy to go to VanTuyl and have him calculate 7 the acreage of the water for the basin. 8 MR. GOEHRINGER: At the last Hearing I 9 asked you and it was either you or Merrill, I 10 don' t remember, but I asked you if you felt 11 that you had rights and actually owned the 12 underwater land at that time.. I 'm not answering 13 for you, but you said that the property was 14 exhumed by a member of the family and you did 15 dig a canal so there is a very good possibility 16 that you own the underwater land. 17 MR. LIEBLEIN: We hope so. 18 MR. GOEHRINGER: So that' s basically the 19 situation. And we thank you very much. If 20 anything else develops throughout this, stop me. 21 Mr. Flynn, we don' t know the nature of why you 22 were not here at the last Hearing when we closed 23 this Dearing. We were in no way or are in no 24 way trying to restrict you from your opinions 25 concerning this Hearing. I just want you .to be RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 s 1 - 75 2 aware of the fact that the reason why we could 3 not accept your letter was because the Hearing 4 was closed. I don' t feel that there was anything 5 done other than the fact that we closed the 6 Hearing and you were not here. We did advertise 7 it and that' s basically the situation. We are 8 giving you the opportunity at this particular time 9 to submit those papers. It doesn' t have to be 10 done tonight. What we are very simply going to 11 do is to recess this until the next regularly 12 scheduled Hearing. Hopefully- at that time we c13 will have the single and separate search. 14 MR. FLYNN: F. M. Flynn, Southold. 15 The reason perhaps I was not at that last 16 Hearing was because I was hospitalized at Stony 17 Brook and really wasn' t aware of the circumstances. 18 MR. GOEHRINGER: I see. 19 MR. FLYNN: However, if I read the public 20 notice here correctly, this meeting is open to all 21 comments upon this matter and I would like to speak 22 in some detail initially concerning the remarks 23 you have made. It appears that at the last meeting 24 the owner or the applicant has revised his 25 ownership or his claim to ownership of Upland RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 Q. 1 76 2 _ land as contracted with his previous submissions 3 to the Board to various other agencies including 4 the DEC and .in effect if he has done so, he has 5 negated his entire application process and has to 6 go back to square one. There is a question about 7 ownership and it' s always a question of actual 8 ownership and beneficial ownership. That is a 9 legal question to be decided. But by the way, 10 it doesn' t improve his situation one bit. 11 I would like to address this Board in some 12 detail along this matter. To date there' s been 13 so much confusion that it reminds me somewhat of 14 the story of the drunk grasping a lamppost. He 15 grasps it for support but not for illumination. 16 In my own simple way I 'd like to cast a little 17 light on this matter and I ask your leave to 18 address this matter in some detail because you 19 have been discussing this matter for a matter 20 of years with the applicant where we, the public, 21 have very scant opportunity to address the Board. 22 So by your leave I would like to take up a few 23 mintue•s of your time and inform you as to some of 24 the- details of this matter about which you may not 25 be informed. May I proceed? RAM Court Reporting Service 216 Court St-Alverhead, N.Y., (516)727-3168 } 1 77 2 MR. GOEHRINGER: Yes. � 3 MR. FLYNN: I 'm going to read my comments. 4 There' s some question of detail matter and this 5 is also a question that I want the accurate record 6 to be retained. Now, as I say, I intend to read 7 my remarks so that there is no question of the 8 accuracy of the transcription of my statements as 9 they appear in the record of this proceeding. 10 I submit that a vote on .whether to reopen the 11 Hearing on this matter is begging the question and 12 not in the public interest. This Board, if it 13 recognizes it or not, is confronted by a Hobson' s r 14 Choice. For any unfamiliar with the expression, 15 it means no choice at all. 16 Under the law, you have no alternative but 17 to deny this application summarily. To do 18 otherwise cast doubts in my mind on the competence 19 or integrity of the Board of Appeals and of the 20 Town Board of which it is a creature. 21 The same may be said of the Planning Board 22 which reviewed a plan which is in direct conflict 23 with the provisions of Southold' s Zoning Code. 24 Unbelievably, this same Planning Board issued a 25 Negative Declaration for a plan which, if . RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (sib)727.3168 i y 1 79 A F 2 T approved, would have a devastating effect on the c� 3 environment. 4 The only real question is why the Board of 5 Appeals has temporized so long. Even a cursory 6 examination of the subject application should 7 have resulted in its peremptory rejection. 8 We stand on the verge of entering the last 9 decade of the twentieth century. Southold is no 10 longer a fiefdom where variances can be given 11 like lollipops to a favored few. Southold, 12 unless I am mistaken, is located in the State of 13 New York and subject to its laws. 14 Case law on zoning, and more particularly 15 on variances, has become well established over the 16 years. This is as well might be since the New 17 York State Enabling Act for Town Zoning admonishes 18 that the power ,to grant variances is to be 19 "sparingly used in rare circumstances. " This 20 admonition has been ignored conspiculously in the 21 Town of Southold. In the subject instance, it is 22 all the more pertinent in view of the recently 23 adopted Zoning Code. 24 Further, an applicant seeking variances 25 must submit convincing proof of hardship or RAM Court Reporting Service 216 Court St.,Riverhead, N.Y.,(516)727.3168 1 79 t: 2 practical difficulties. These are terms with 3 legal meanings and are not matters for 4 subjective interpretation. The subject applicant 5 has submitted no such proof, nor could he. 6 The courts have held that hardship means 7 financial hardship and that "dollars and cents" 8 proof thereof must be submitted. As long as a 9 property has utility and value there is no 10 hardhsip under the law. 11 Case law specifically states: "Hardship 12 is not established by proof that a variance will 13 enable the applicant to operate an existing 14 business more frofitably. " This alone negates 15 the obvious thrust of the applicant' s argument. 16 As for practical difficulties or unique 17 circumstances, they do not exist except as a 18 fancied impediment to a plan to exceed the 19 building coverage permitted by the Zoning Code 20 or to maximizing the applicant' s profits. 21 The powers of the Board of Appeals are 22 circumscribed in the Town Code. It is permitted 23 to vary the "strict letter of these regulations" , 24 i.e. , the Zoning code. I submit that to approve 25 the subject application would entail the RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 1 80 2 _ abandonment of the entire alphabet. 3 The duties of this Board also include the 4 preservation of the public safety and welfare. 5 These considerations, alone, provide obvious 6 grounds for denying the subject application. 7 Nation-wide studies of zoning decisions 8 reveal that the most egregious acts of Boards of 9 Appeal involve their violation, as unelected 10 officials, of legislative enactments. The scope 11 and magnitude of the variances sought in the 12 subject application are such as to make a mockery 13 of the Town' s newly minted Zoning Code. To grant 14 them goes far beyond the Board' s purview. 15 Now to address the substance of this 16 application. It' represents a flagrant attempt 17 to circumvent and flout the Zoning Code. It can 18 best be described, in simple, direct terms as an 19 attempt to cram ten pounds of sugar into a five 20 pound bag. There is no question that the 21 applicant has enough upland to comply with the 22 Code. The extent of the variances sought 23 necessitates the use of the old Gaelic term, 24 chutzpah, to do justice to the effort. 25 First, under the Town' s Zoning Code, the RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 1 81 2 T applicant has, at most 104 , 920 square feet of C , 3 upland available for marina operations. The 4 Zoning Code permits 30 percent coverage, or 5 31 , 476 square feet of buildings.. Existing marina 6 structures total 46 , 185 square feet. Thus, the 7 existing structures exceed the coverage permitted 8 by the Code by 14, 709 square feet. The existing 9 coverage is 147 percent. of that permitted by the 10 Code. Approximately 49 , 030 additional square 11 feet would be required to accommodate the existing 12 structures in conformance .with the Code. 13 Even the existing coverage is non- s 14 conforming. A stated objective of the Town Code 15 is the gradual elimination of non-conforming 16 properties, not their proliferation. 17 To a density which already exeeds the 18 maximum permitted, it is proposed to add 19 31 , 490 square feet of improvements. Even adjusted 20 for proposed demolition, the total of 74, 275 21 square feet of buildings would be more than double 22 the coverage permitted by the Code. The proposed 23 complex would require, at 30 percent building 24 coverage alone, 247 , 583 square feet of upland, 25 or 142 , 663 square feet more than is available for RAM Court Reporting Service 216 Court St.,Riverhead, N.Y.,(516)727.3168 • � 1 82 2 T marina operations. Proposed coverage would 3 represent 236 percent of that permitted by the 4 Code. 5 Second, the applicant has arbitarily 6 reduced the Code ' s requirements for docked boats 7 by one-half, and by three-quarters for boats in 8 rack storage. Such a change in parking requirement 9 is no mere variance, but requires a legislative 10 change in the Town Code with the attendant 11 public hearings. 12 Code requirements for the project dictate 13 at least 386 parking spaces, or 135 , 100 .square 14 feet. The applicant proposes to provide 145 15 spaces. The resultant shortage is 241 parking 16 places, or 84 , 350 square feet. This shortage for 17 parking alone is 1 . 94 acres net. And by way of 18 explanation, I mean net of side yards, front 19 yards, planting areas, etc. 20 This entire parking issue is a smoke screen, 21 or red herring. It represents an attempt by the 22 applicant to divert attention from the fact that 23 such an amendment of the Zoning Code would permit 24 him, and other marina operators, to launch as many 25 as four times the number of boats into the already RAM Court Reporting Service 2i6 Court St.,Riverhead, N.Y., (516)727-3168 T 1 83 2 imperiled Peconic Bay as is currently permitted. �. 3 Third, no provision has been made for the 4 20 percent landscaping required by the Zoning 5 Code. 6 Fourth, my analysis indicates that to 7 conform to Code requirements, this project would 8 require approximately 3 . 6 additional acres of 9 upland. To put into perspective the outrageous 10 nature of the variances sought, the applicant 11 seeks the additional utility of one and one-half 12 times the acreage that he actually has available 13 for marina operations under the provisions of the 14 Zoning Code. 15 Fifth, front and side yard variances are 16 sought purely to increase the profitability of 17 the owner' s operations. The specious reasoning 18 behind the front yard variance sought is because 19 his other main structure is non-conforming. 20 The basis for the side yard variance has even less 21 validity. 22 Sixth, consideration of the public ' s 23 healtIT, safety and welfare are, or should be, 24 paramount in the Board' s considerations. It is _ 25 proposed to erect a monolithic structure 45 feet RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 1 84 2 _ high housing 160 or more fuel laden boats within 3 five feet of an abutting property line and in close 4 proximity to a State highway. What would happen 5 if the neighboring property owner sought a 6 similar variance for which you have set a 7 precedent? Or suppose the neighboring property 8 owner merely exercised his vested right to build 9 a similar structure within 30 feet of the one 10 proposed? What would be the problem of 11 accessibility for emergency equipment in the event 12 of a conflagration? 13 By what the operators apparently interpret 14 as a God-given right, it is certainly not a right 15 granted by the State of New York, they have 16 incorporated State Route 25 as part of their 17 operations by freely transporting boats and 18 equipment across the highway by truck, fork lift 19 and travel lift. It has also been suggested that 20 additional marina parking be located on the north 21 side of the highway creating additional vehicular 22 and pedestrian traffic. This along an already 23 heavily traveled highway lacking traffic controls, 24 curbs, curb cuts, sidewalks, pedestrian crossings, 25 etc. Granting this application would set .a RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 t ti . 1 85 2 T precedent for similarly increased traffic 3 throughout the Town with devastating effects , 4 particularly on residential areas. 5 To summarize to this point, approving this 6 application would constitute the Board' s making 7 the applicant a gift of the utility of, and 8 hence, the value of approximately 3 . 5 acres of . 9 commercially zoned waterfront upland. In addition, 10 its pernicious influence would be felt 11 throughout the Town. The character of the Town 12 would be permanently altered for the worse by 13 making provision for launching several thousand `- 14 more boats with increased traffic hazards, demands 15 on our limited utility, etc. 16 It is a travesty that the applicant has, 17 by his letter of November 8 , 1989 , to the Board, 18 claimed an area of upland ownership reduced from 19 that previously stated to the Board and other 20 governmental agencies. I repeat, that by so 21 doing he has invalidated his entire application 22 process. Further, even if such a claim were true, 23 the same principles and similar calculations 24 would obtain. In short, the entire application 25 represents an outrageous attempt to rezone his RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 a 1 86 2 T property via variances; an obvious direct conflict 3 with zoning law. 4 Now, as a point of personal privilege, I 5 would like to disabuse the Board of any . 6 impressions it may have garnered regarding me and 7 my analysis from Mr. Lieblein' s letter of 8 November 8th. Regardless of Mr. Lieblein' s 9 impression that I consider him and all marina 10 operators to be sly, sneaky and devious, I would 11 like to state that I have had a personal interest 12 in marina operations, .and I prefer not to think 13 of myself in those terms. As in all fields, 14 there are good and bad operators. This is really 15 a subjective matter for the public to decide. 16 Such a poll would produce some interesting 17 results and I 'm sure at least some of the operators 18 would match Mr. Lieblein' s rather florid 19 characterization. 20 I 'm sure all businessmen, myself included, 21 are profit oriented. The issue here is the 22 question of increased profitability as the basis 23 for granting variances. The law is perfectly 24 clear in its dismissal of such grounds . 25 As for the ownership of the motel property, RAM Court Reporting Service 216 Court St-,Riverhead, N.Y., (516)727.3168 . 1 87 ` 2 T Mr. Leiblein includes it in the description of 3 the property owned or controlled by the Port of 4 Egypt in his submissions to the Board and other 5 agencies. I might add that he has .personally 6 listed the property for sale with various real 7 estate brokers . I. state again, to deny ownership 8 now is to negate his application. 9 My comments regarding the tax exempt status 10 of the motel property hardly constitutes a 11 "zinger" . Were you .to consult Southold' s Tax 12 Roll it is indicated that the. property is tax 13 exempt. Parenthetically, some of Mr. Leiblein' s 14 property zoned M II is carried on this Roll as 15 vacant residentially zoned land. In any event, 16 the motel property' s tax exempt status was 17 confirmed by my inquiries of the Suffolk County 18 Industrial Development Agency. Mr. Lieblein, 19 perhaps inadvertently, confirms this by referring 20 to a payment in lieu of taxes. His payment 21 represents a partial payment of total taxes 22 and reflects the exemption of taxes on the value 23 added -by funds advanced by the IDA. An 24 interesting question arises from this state of 25 affairs. If the IDA were to advance the -funds RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 + t 1 88 2 for the proposed new construction, would it not 3 be, in its entirety, tax exempt? 4 My. reference to "demonstrable demand" was 5 abstracted from the Marina Criteria subscribed 6 to by New York' s Department of State in connection 7 with its Coastal Management Program. Mr. Lieblein 8 concedes some vacancies. The same is true of 9 other marinas in the Town. Demonstrable demand 10 must be considered on a Town-wide basis. Surely, 11 the Board is aware of marina expansion and new 12 construction in the Greenport- area. Certainly 13 this has bearing on the question of foreseeable 14 demand. Mr. Lieblein has conceded that only 25 15 percent of marina capacity in the Town is occupied 16 by Town residents. This means that 75 perecent 17 of the Town' s current marina capacity is occupied 18 by non-residents. Even at the projected full 19 development of the Town' s population, 50 percent 20 of the current marina capacity would still be 21 available to non-residents. This brings up the 22 inevitable question of how much are we, as a Town, 23 expected to contribute to the further degradation 24 of the Peconic Bay Estuarine System? Further, how 25 much of the Town' s quality of life, and the health RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 r 1 89 2 - safety and welfare of its people, are to be 3 � sacrificed for non-residents. 4 Mr. Lieblein insults the intelligence of 5 the Board when he states that only 300 square 6 feet of ground area is needed to block and store 7 a 30 foot boat. Boats are not stored like coins 8 in a wrapper. In the first place , few modern 30 9 foot boats have a beam of only 10 feet. Regardless 10 of this fact, it has to be conceded that space 11 has to be provided on both sides of the boat and 12 at its stern. If we allow a boat two and one 13 half feet of clearance on each of these sides, 14 we have a net ground area of 488 square feet 15 occupied by the boat alone. This is, obviously, 16 the equivalent of almost one and one-half 17 parking spaces. 18 Overlooked in Mr. Lieblein' s calculation 19 is the requirement for maneuvering area between 20 the boats for requirement to place the stored boats 21 In the case of the proposed new storage building, 22 approximately 80 feet has been allowed for this 23 purpose. Allowing half of this width per boat 24 results in a requirement of an additional 500 25 square feet of ground area per boat. Thus .the total RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 t i 1 90 2 is' 988 square feet per boat, or 2 . 8 parking spaces. 3 My mental calculation was not far off the mark, 4 particularly if boats in excess of 30 feet in 5 length are to be stored. 6 As proof of my contention in the matter 7 of Young' s Marina, with which the Board is 8 familiar, the owner concedes an upland area of 9 4 acres is required for 138 boats . This translates 10 to 1 , 263 square feet per boat. 11 Mr. Lieblein advances the argument that 12 additional boats can be stored, presumably in the 13 aisles. This raises the question of 14 accessibility, particularly in the event of an 15 emergency. Also, unaddressed is the question of 16 the additional parking required for the additional 17 boats . And so on ad infinitum. 18 Mr. Lieblein also states he can store boats 19 four high in the proposed building. He has also 20 stated he can store boats in the center aisle of 21 the building. How many boats does he really intend 22 to launch into an already overcrowded Budd' s Pond? 23 Would not the other neighboring marina operators 24 petition for similar variances? 25 The number .of parking spaces constitutes RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 1 91 2 T the only effective control the Town has over the 3 number of boats to be launched from a given site. 4 In Mr. Lieblein' s case, he proposes to accommodate 5 a minimum of 362 boats on a 2. 4 acre site, or 6 151 boats per acre. This in a Town that professes 7 a desire to restrict development by zoning 8 residential lots to two acres. 9 With further respect to parking, the 10 requirements of the Code are clear. Variances 11 of the magnitude sought are beyond the purview of 12 the Board of Appeals. Even a- reapplication with a 13 change in the parking plan by including parking on 14 the north side of Route 25 would not obviate the 15 shortfall in parking spaces. It would, however, 16 precipitate the safety and welfare problems 17 previously discussed. 18 Further, the parking issue has no effect 19 to the question of the maximum building coverage 20 permitted by the Zoning Code. 21 Unbelievably, Mr. Lieblein has based his 22 arbitrary parking plan on surveys conducted in 23 Australia and on Puget Sound. I would suggest the 24 Board investigate the requirements of neighboring 25 communities which share the Peconic Bay as a common RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3166 e � 1 92 �i 2 T resource. More particularly, the Board should 3 investigate the problems with parking for rack 4 storage in the Village of Freeport. 5 I am heartened that Mr. Lieblein concedes 6 that he was unsuccessful in analyzing my 7 calculations. They are really quite 8 straightforward. Perhaps he meant he was 9 unsuccessful in countering them. 10 Mr.' Lieblein introduces some area 11 calculations made by Mr. VanTuyl into his argument. 12 Mr. VanTuyl is a reputable and competent surveyor. 13 However, in this, as in similar instances he r 14 serves as a technician. He makes the 15 calculations he is instructed to make. It is 16 obvious he has excluded Lot 3 . 4 , the motel site, 17 from his calculations of net upland area in the 18 ownership/control of the Port of Egypt. This is 19 clearly in conflict with previous submissions by 20 the applicant. Even if one were to disregard 21 this obvious flaw, the applicant has not materially 22 altered confrontation by the basic questions of 23 coverage and parking. 24 Mr. VanTuyl ' s land area calculations for "( Lots 4 and 6 . 1 coincide rather closely with mine. 25 RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 1 93 2 T Mr. Lieblein makes reference to the basin. . 3 Actually there are two basins. Perhaps it is 4 coincidental, but if the area of the second 5 basin is deducted, my area claculations are 6 within 120 square feet of Mr. VanTuyl' s. 7 In claiming an area of 215 , 058 square feet 8 as available for marina operations, Mr. Leiblein 9 disregards the Code requirement of 80 , 000 square 10 feet for the restaurant. I would also point out 11 to the Board that the area covered by Mr. Lieblein' 12 lease to the restaurant has no bearing on zoning 13 requirements. 0' 14 As for the calculations of building area, 15 I don' t know what buildings Mr. VanTuyl was asked 16 to calculate. Obviously, his calculations of 17 building areas and percentage of coverage differ 18 from mine. I can only state that my 19 calculations were made, in large part from Mr. 20 VanTuyl ' s survey of the subject property. The rest 21 were made from Peconic Associates ' Plot Plan. 22 Now, Mr. Lieblein poses the question as to 23 why I considered the concrete washing pads as a 24 building. Perhaps this accounts for part of the 25 discrepancy in building and lot coverage RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)7273168 1 94 2 T calculations. The basis for my including the 3 washing pads is obvious to anyone familiar with the 4 Southold Zoning Code, Section 100-13 defines 5 "Building" , in part, as , and I quote: " . . .also 6 any combination of materials forming any 7 construction except when entirely underground so 8 as to permit the use of the ground above the same 9 as if not building was present. " It should also 10 be noted that the elimination of these pads would 11 be contrary to DEC requirements. 12 Finally, with respect to Mr. Lieblein' s 13 letter, he refers to the proposed lease of 14 9 , 240 square feet of State land. Having served as 15 a consultant to the Attorney General for many 16 years, I doubt that the State requires anyone to 17 lease its land. Nevertheless, any lease does not 18 confer title and is of a transient nature. Thus, 19 it cannot serve as a basis for increased building 20 coverage. 21 It appears I have come full circle. I 22 believe I have proved that it is possible for 23 an applicant to use calculations for support, but, 24 not necessarily, for enlightenment. 25 Perhaps the ultimate irony inherent in this RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 � o 1 95 2 _ application is the grandiose promise of 3 economic benefit to the Town. In exchange for the 4 destruction of the Town' s natural environment and 5 its quality of life, Mr. Lieblein is on record 6 that -his project would provide exactly two extra 7 jobs. 8 In conclusion, the actions of Town agencies, 9 in this matter, gives rise to the suspicion that 10 we, the ordinary residents, are confronted by a 11 done deal. 12 I must express my resentment, as a private 13 citizen, that I have had to prepare the type of 14 detailed analysis that it is the Board of Appeals ' 15 duty to perform. The law is clear. The 16 calculations are simple. The conflicts with the 17 Zoning Code are self-evident. 18 If the Board is unable, or unwilling, to 19 perform its duties in a professional, unbiased 20 manner, I would suggest it resign. Such an action 21 on its part would allow the new Town Board to 22 appoint a Board both willing and able to act on 23 behalf• of the public at large. And I ' ll provide 24 you with a clean copy of this and I ' ll also 25 provide you with a copy (indicating. ) . RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 1 i 1 96 J 2 MR. GOEHRINGER: Mr. Flynn, I 've only one 3 question to ask you and that is, I don' t want to 4 get invovled with the controversy but how do you 5 determime that this was a done deal? First of all, 6 sir, I 'm extremely upset with your letters to 7 this Board. All you had to do was have yourself 8 or your wife call this Board when you were in the 9 hospital and we would have very simply left this 10 Hearing open for you to submit all the testimony 11 that was required. That' s number one. 12 Number two, I am tired- of receiving 13 information from you which clearly states that 14 we are doing something illegal. We are doing 15 nothing illegal. We advertised this last Hearing, 16 we closed this last Hearing in good faith, and 17 we have no opened this Hearing strictly for you 18 to submit your information tonight. 19 MR. FLYNN: Now may I answer? 20 MR. GOEHRINGER: Yes, you may answer. 21 MR. FLYNN: Why do I think it' s a done deal? 22 I didn' t say a done deal, I said I 'm suspicious 23 it' s a done deal. And the reason I 'm suspicious 24 is the entire history of this . How this ever got 25 passed the Planning Board so obviously at _ variance RAM Court Reporting Service 2i6 Court St.,Riverhead, N.Y.,(516)727.3168 1 97 2 T with the requirements of the Zoning Code. 3 Secondly, how it was presented to you and no 4 questions were raised at the time of presentation. 5 These lead me to believe, and even the method by 6 which you offered such solicitious questions 7 of the applicant this evening, indicated to me 8 that this Board leans towards applicants in many 9 instances. And if you would like me to recite 10 some of the instances, I have investigated some 11 of the things the Board has said, and that' s not 12 at apropo of this particular Hearing. But if 13 you get insulted by anything I have to say, you Al 14 are being insulted by the truth. And, therefore, - 15 MR. GOEHRINGER: That is incorrect. 16 MR. FLYNN: -- you as a public official 17 have no reason to take umbrage You can counter 18 anything that I say as not being factual but that 19 is the extent of what you can do. 20 MR. GOEHRINGER: Sir, I will personally 21 counter what you are stating as not factual in 22 our decision when it comes to that particular 23 point and only at that particular time. I am not 24 here to chastise anybody. I 'm telling you, sir, C25 that when you write to this Board or when you talk RAM Court Reporting Service i16 Court St.,Riverhead, N.Y.,(sib)727-3168 1 98 2 T to this Board, you are talking to. this Board as an 3 individual of the Town and do not ever say that 4 we' re doing something illegal because we're not 5 doing anything illegal. 6 MR. FLYNN: I am saying you are on the verge 7 of doing something illegal and I 've said that very 8 clearly. You are on the verge of doing something 9 illegal if you approve this application. 10 MR. GOEHRINGER: I am not. 11 MR. FLYNN: That' s been the thrust of all 12 my statements to you. And incidentally, you saw 13 fit to return one of my letters. unread. 14 MR. GOEHRINGER: I told you why we returned 15 it, because the Hearing was closed. 16 MR. FLYNN: Because Mr. Lieblein submitted 17 a letter as of November 8th and you closed the 18 Hearing as of November 8th. I don' t consider that 19 giving the general public an opportunity to counter 20 those remarks. 21 MR. GOEHRINGER: I told you, sir, that all 22 you had to do was inform us that you were unable 23 to attend that particular Hearing and we would 24 have left the Hearing open for you to voice your 25 remarks, which you so did tonight. Okay? . RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 1 99 ' - 2 T MR. FLYNN: Yes. I appreciate your giving 3 me the opporunity. 4 MR. GOEHRINGER: And I appreciate it 5 that when you write to this Board that you don' t 6 clearly state to this Board, and that' s what you 7 did in your letter, which I don' t have any more -- 8 MR. FLYNN: Oh, I ' ll give you a copy. 9 MR. GOEHRINGER: Fine. 10 MR. FLYNN: I ' ll give you a copy right 11 now. I did not state you were doing anything 12 illegal. I said you were on the verge of doing 13 something illegal if you approve this application. 14 And if you will consult the town attorney, I 'm 15 sure you' ll get the same answer from him. There 16 has been .no proof submitted, none of the required 17 proof has been submitted in this matter. 18 MR. GOEHRINGER: Have we made a decision 19 on this? 20 MR. FLYNN: I say I told you all along in 21 the form of a warning that were you to do that, 22 because of your obvious reaction to the submission 23 of this application, had anybody on this Board 24 done their job and examined this application 25 from day one, you would have known it was .faulty. RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 ' 1 100 w 3 ' y 2 And if you were prepared when this application was publicly submitted to you, you would have had 4 some questions for the applicant which, as you 5 recall, you did not. 6 MR. GOEHRINGER: Mr. Wickham, it' s so nice 7 to see you. How are you tonight? 8 MR. WICKHAM: Good evening. I 'm John 9 Wickham from Cutchogue. I came here to say in very 10 few words something that means quite a good deal 11 to me. I remember very distinctly that the former 12 Supervisor Albert Martoccia said the Board must 13 say no 90 percent of the time. And to remind you, 14 you said no to me the last time when I came before 15 you. I am concerned primarily about the total 16 picture, and I 'm not going into any of the details, 17 but I think there is something emerged which we 18 haven't faced up to and it' s having or will have 19 a very significant effect on some parts of our 20 water based economy, and that is rack storage. 21 In my opinion, rack storage is and will have 22 a very definite effect upon all marina operations. 23 I can' t feel that it' s totally to blame for the 24 I will say collapse of the bayfront ship yards 25 and so forth in Greenport and much closer. to me in RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 I 1 1 Y r e 1 101 2 T New Suffolk but if rack storages are allowed 3 to proliferate, there will be a very very real 4 collapse of water based -- oh, the word I want 5 to use escapes me, but anyway the use of the water 6 as recreational in other areas aside from those 7 few who are granted rack storage. And .for this 8 reason I feel in this particular case that there 9 is really no hardship because here there is already 10 rack storage and he has gotten ahead of the 11 competition, most of the competition, and I happen 12 to believe in that sort of thing. But it' s been 13 clearly explained to me that to become before 14 your Board you must have hardship and in this 15 particular case where he' s ahead of everyone else 16 in that area, I can' t see any hardship. And I 17 again feel that in looking at the long term effects 18 of rack storage in the Town of Southold you've got 19 to be very very careful. The decision is yours, 20 thank goodness. 21 MR. GOEHRINGER: Thank you, Mr. Wickham. 22 MS. NORTHAM: Good evening. My name is' 23 Johanna Northam. I 'm a member of the North Fork 24 Enviornmental Council. The North Fork �. 25 Environmental Council requests that the Zoning RAM Court Reporting Service 216 Court St.,Riverhead, N.Y.,(516)727-3168 r 1 - 102 2 T Board of Appeals reviewing application number 3 3770 , Port of Egypt project, take into consideratiOrL 4 the following issues prior to granting an 5 application for said project: Compliance of 6 30 percent lot coverage as outlined in Marine 11 7 code,' compliance with parking code limitation of 8 one car per parking space, projected impact on 9 Hashamomuck Pond and increased septic leachate 10 problems. . Thank you for your attention to this 11 matter. 12 MR. GOEHRINGER: Go ahead. 13 MS. KREMIS: I 'm Ann Kremis and I 'm a 14 Director of Southold 2000 and I just want to say 15 that we support Mr. Flynn' s position that the 16 variance with the Port of Egypt be reopened for 17 public hearing since the original application. has 18 been changed. That' s about it. 19 MR. GOEHRINGER: Thank you. Is there 20 anybody else that would like to speak? Seeing no 21 hands, no further hands, we will -- 22 MR. LIEBLEIN: One second. 23 MR. GOEHRINGER: Pardon me. ` 24 MR. LIEBLEIN: Can you tell me roughly when 25 you' re going to have the rehearing? Is it next RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 d 1 103 2 - month? I would like to point out that the boat 3 show opens on the llth and closes on the 21st 4 so if you could have a hearing just prior or 5 preferably after the boat show -- 6 MR. GOEHRINGER: Around the 27th? 7 MR. LIEBLEIN: That will be fine. I 'm not 8 sure what this question of ownership is all about. 9 MR. LIEBLEIN: My brother-in-law and I, 10 and my wife and his wife, own the corporation and 11 bought the Southold Motel under the auspices 12 coverage of IDA. We are presently trying to 13 sell it and haven' t been successful in doing that. 14 At one point we applied to build a motel project that 15 was going to have motel units on that property and 16 the other, and if that had been granted we would 17 have put everything under one roof. That- was not 18 granted. I assume that is what the question 19 is. I assume that since all this information has 20 been presented, I can have the opportunity to 21 review all the information that has been put in; 22 I certainly did not make any attempt to respond at 23 this point to the lengthy -- in most cases it was 24 a repetition -- but regardless, in the last } 25 instance I believe it took three weeks to. get a RAM Court Reporting Service 216 Court St-,Riverhead,N.Y., (516)727-3168 V 1 104 2 copy of the transcript, at the last Hearing I � 3 submitted a letter which eliminated the problem 4 of :having to wait so Mr. Flynn was able to get 5 a copy of that, which I have no problem with, and 6 I would assume that the same courtesy would be 7 extended to us. That tomorrow or the next day 8 we could pickup a copy so that we could attempt 9 to answer questions raised. 10 MR. GOEHRINGER: Certainly. 11 MR. LIEBLEIN: I thank you for your time. 12 MR. GOEHRINGER: Hearing no further 13 comments, I make a motion to recess the Hearing 14 to the next regularly scheduled meeting. 15 MR. SAWICKI : Second. 16 MR. GOEHRINGER: All in favor? 17 THE BOARD: Aye. 18 MR. GOEHRINGER: Thank you all for coming. 19 (TIME NOTED: 10 : 25 P.M. ) 20 21 22 23 24 1 25 RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)7273168 y _ 1 105 L 2 CERTIFICATION 3 4 I ► DONNA PALMER a Notary Public 5 in and for the State of New York , do hereby 6 certify: 7 8 THAT the foregoing is a true and accurate 9 transcript of my stenographic notes . 10 11 IN WITNESS WHEREOF , I have hereunto set my 12 hand this -day of January 19 :�-O�- =� 13 14 15 DONNA PALMER 16 17 18 10 19 20 -21 22 23 24 25 RAM COURT REPORTING SERVICE (516) 727-3168 SOUTHOLD TOWN ZONING BOARD OF APPEALS 1 COUNTY OF SUFFOLK : STATE OF NEW YORK �. .. 2 --------------------------'----------------x 3 SOUTHOLD TOWN ZONING BOARD OF APPEALS 4 PUBLIC HEARING 5 ----------- .------------------------------$ 6 Main Road, Route 25 Southold, New York 11971 7 February 1 , 1990 8 7 : 30 P.M. 9 B E F 0 R- E 10 GERARD P. GOEHRINGER, 11 Chairman 12 13 14 15 BOARD MEMBERS: 16 CHARLES GRIGONIS, JR. O Z 17 SERGE DOYEN, JR. O 0 18 JOSEPH H. SAWICKI 0 w 0 19 JAMES DINIZIO, JR. W _ 20 Doreen Ferwerda , Secretary to Board 21 u _ W 22 23 24 i.► 25 •:•: ai-'.. '�."sg- .u: ,¢ir,�� 4.:`..r.. .. �J. -fir.:•: v-4,. °S - _ .. .. J i / 1 55 2 l don' t view it as a conflict . I will dust 3 remind him. I am sure there will be no 4 difficulty, but if there is we will meet and 5 let you know. 6 THE CHAIRMAN : Hearing no further 7 comments , I make a motion to recess the 8 hearing without a date . 9 BOARD MEMBERS: Second. 10 THE CHAIRMAN: All in favor? 11 BOARD MEMBERS: Aye. 12 THE CHAIRMAN: I thank you very much 13 for coming in everybody. 14 We are reconvening the hearing on the 15 Port of Egypt , which was reconvened from the 16 last regularly scheduled meeting. At that 0 0 17 time, I believe we asked you for a map which 18 we presently have in our file. And we asked s 19 you for the single and separate search. I W 20 guess I should let your attorney speak for a V 21 you. u z 22 MR. MOORE: William Moore, of Moore 23 and Moore. 24 I 've got certified copies of deeds of '4 25 each of the parcels in question. I trust 1 56 2 that will satisfy the information. If it 3 doesn' t provide the information you need, 4 let me know and I will get the format you 5 need. 6 THE CHAIRMAN: I. ask a question 7 tonight , and again my only question is that m 8 my understanding is that the Port of Egypt 9 . . . I 'm sorry, that the Lieblein (phonetic 10 spelling) family owned the property up and 11 until such time as mid to the latter 12 seventies, at which time the property then 13 became Port of Egypt Enterprise, Inc . , which 14 -is certainly still the Lieblein family. 15 This is exclusive of the motel property. 16 MR. MOORE: That is correct. -There e 17 was a physical change to the property before a 18 1946 . . . 1947 . . . 19 MEMBER OF THE AUDIENCE: The property Z 20 was purchased starting 1946 and we purchased 0 21 a parcel , the parcel where the existing u z W ` 22 storage building now sits . I think it was 23 purchased in ' 65 . Up until that time it was 24 a boat rental operation. 25 MR. MOORE: I have just given copies a � 1 57 2 of the deeds including plots across the 3 street , as well . We are planning on 4 possibly parking across the street . We've 5 got a piece there owned by Port of Egypt 6 Enterprises , a piece owned by Mr. and Mrs . 7 husband and wife. I have m 8 got deeds for each. 9 If this is not the information or the 10 format you would like, it was not. relayed to 11 me. I went out and got deeds from the Clerk 12 this morning. I 've spoken to Mr. Willen 13 (phonetic spelling) at another Town meeting 14 and he said affidavits were all we needed. 15 Certified copies of the Tax Map Numbers are 16 changed and it does create some confusion. 0 0 17 I think you have the most recent tax map 0 18 there. If there is any question regarding s 19 ownership, I can get whatever additional 20 information you need. 0 21 THE CHAIRMAN: We very simply want V Z W 22 this information for the past Town Attorney. 23 He had requested this information. We 24 reconvened the hearing that was actually 25 closed and we ap preciate everything that you 1 58 2 are giving to us . 3 Our only particular problem right 4 now, and I will put it right on the record, 5 we don' t have a present Town Attorney. We 6 have an Assistant Town Attorney in dealing 7 with this and it is upsetting me to some 3 m 8 degree to tell you that I really don' t know 9 at this point if we should close the hearing 10 or not . I really don' t know what to do. 11 MR. MOORE: The last thing I want you 12 to do is have to close a hearing. I am not 13 comfortable that you have not gotten the 14 information you feel you need. I don' t want 15 to cut you short or on the information 16 there. a 0 17 THE CHAIRMAN : I think the best thing 0 18 to do is to recess it without a date, and a Z 19 give us a chance to go through the informa- 20 tion for at least the next two weeks and 0 21 then we will . . . and I am saying this V 2 W 22 specifically because I am not . . . I don' t 23 want to enter into another large discussion 24 about this one particular nucleus in this 25 . . . I am going to limit any further `x y 1 59 2 discussion to at least five minutes on 3 everybody's part . . . just for the formality 4 of closing it , if there is anything else 5 that the Town Attorney may require. 6 MR. MOORE: I can still do it in five 7 minutes . I am asking for that information g m 8 which wil.l prove useful to you. I can save 9 it until that point I can organize it by 10 making myself speak quickly and concisely. 11 I think it may actually facilitate the 12 review of the application. 13 THE CHAIRMAN: Thank you very much. 14 MR. MOORE: Thank you. 15 THE CHAIRMAN : Is there anybody else 16 in the audience that would like to speak 0 0 17 against this application? Is there anybody 0 18 else? s 19 Yes , ma' am. W 20 MS. BROWN: Betty Brown (phonetic 21 spelling) , P.O. Box 57 , Orient, New York. u z 22 The North Fork Environmental Council 23 wishes to express some concern about Appli- 24 cation Number 3770 , for variance request by 25 Port of Egypt . We feel that the application r 'x 1 60 2 has not established sufficient evidence of 3 economic hardship or unique circumstances to 4 warrant the variance requested. In addi- 5 tion, the application proposed to reduce the 6 code requirements for parking spaces 7 provided to one-half space for each boat in m 8 the water and one-quarter space for boats in 9 dry dock storage. This could permit from 10 two to four times as many boats to this 11 marina and incentive for other marinas which 12 would follow the precedent . 13 The code requirements of one space 14 per boat reflect the standards set by 15 neighboring towns which call for one to one- 16 half spaces per boat . Marinas have said 0 0 17 that a quarter of their slips are presently "s 18 occupied by local residents . The rest are s 19 rented by people from out of town. There is Z m 20 nothing wrong with that except that 0 21 residents of Southold should not be asked to _ 22 accept increased pollution from an increased - 23 number of boats of non-residents in its 24 creeks and in the bay which has been barely 25 surviving three years of brown tide i 1 61 2 contamination. Present building at Port of 3 Egypt now covers more than 30 percent of 4 available upland . . . the limitation that is 5 set by the Town code . . . with the proposed 6 addition the coverage will be far greater 7 than the percentage. I think this m 8 stretching of the code requirement will also 9 ultimately result in other marinas seeking 10 to stretch their valuable waterfront 11 property. We observed that application has 12 not allowed for 20 percent landscaping 13 called for by the code. 14 The North Fork Environmental Council 15 believes this application deserves a second 16 hard look. Thank you. 0 0 17 THE CHAIRMAN: Thank you. e 18 MS. FLETCHER: My name is Linda s 19 Fletcher. I am president of the New Suffolk W _ m 20 Civic Association representing approximately 0 21 190 members . u _ W 22 Our association objects to the 23 Application Number 3770 , as the North Fork 24 Environmental Council has outlined. The New f 25 Suffolk Civic Association has submitted a 1 62 2 letter to this effect, which is included in 3 the file of this application. 4 As residents of New Suffolk, we are 5 especially sensitive to overdevelopment of 6 coastal waters . There presently exists 7 before the Southold Town Planning Board an m 8 application to .grossly exploit a parcel of 9 waterfront land in .New Suffolk, formerly 10 known as the North Fork Shipyard. We feel 11 that approval of Application 3770 before 12 this Board sets a dangerous precedent for 13 the New Suffolk situation in particular. 14 Thank you. 15 THE CHAIRMAN: Thank you. Anybody 16 else that would like to speak? 0 = 17 Yes , sir. 0 18 MR. RENGANESCHI : Fred Renganeschi . s 19 I am president of Browers Wood Association. ° 20 We have written a letter, and my m 0 21 question is really, are you in possession of u z 6 22 the letter? I know we got it in here today. 23 THE CHAIRMAN: Sir, this is my file 24 (indicating) . It is this large. So it r �- 25 would take a half hour to go through it . 1 63 z 2 MR. RENGANESCHI : Would you prefer I 3 read . . . 4 THE CHAIRMAN: No, just give me a 5 copy and we' ll make sure we have it . 6 MR. SAWICKI : We have it . 7 THE CHAIRMAN: We have a copy. m 8 MR. RENGANESHI : That 's basically it . 9 Thank you. 10 THE CHAIRMAN: Thank you, Mr. Flynn. 11 Thank you for being so patient . r 12 MR. FLYNN: I am a resident of the 13 Town of Southold. If I understand Mr. Moore 14 correctly, it is now evident that they would 15 like to change .the type of ownership of at 16 least some of the parcels . I call your 0 17 attention to your legal notice, that the 0 18 motel property is included in the legal 0 19 notice, and also that it is included in the plan submitted with this original applica- < 20 3 21 tion. 0 u z 22 Were you or were the applicants at 23 this late date changing his ownership? He 24 would have to reinstitute the entire appli- �- 25 cation process . The State agencies and the r � 1 64 2 Town agencies have been informed that he 3 owns seven continuous acres of uplands . If 4 you are to reduce that area, these agencies 5 have to be informed and they would have to 6 consider the implications of this proposed 7 monstrous� project on a still smaller portion m m 8 of land. 9 Now, I have prepared a statement that 10 I would like to make and in the interest of 11 coherence I would like to read it . However, 12 it .would probably take more than twenty-five 13 minutes . On the other hand, I think at this 14 late hour, my having stayed here, I am owed 15 that courtesy. 16 THE CHAIRMAN: Sir, I think you 0 17 misunderstood me. I said there was no 18 restriction on the time tonight . I said at = 19 the next scheduled meeting . Z 20 MR. FLYNN: I am sorry. I thought 0 21 you said five minutes . I apologize. I will _ W 22 start off with somewhat of a statement : 23 "The classic definition of a good 24 speech is one that : '- 25 1 . Has a strong beginning. . l 1 65 2 2 . Has a strong ending. 3 3 . Not too much in between. 4 I am sure I can meet the first two 5 requirements . With respect to the third, I 6 shall try to be as succinct as possible and 7 at the same time inform those here present, m 8 who may not be aware of the full ramifica- 9 tions of this application, of its full di- 10 mensions and effects . I will try to be as 11 concise as possible given a complex subject . 12 As you no doubt surmise, my purpose 13 is to create a record, should one be needed 14 in the future. 15 By way of introduction, I was for 16 many years a consultant analyzing projects 0 17 for clients , among them The Corps of Engi- 18 reers , the NYS Department of Transportation 0 19 and the NYS Attorney General . In addition, ° 20 I have had particular experience with m 0 21 waterfront properties over a period of some u z W 22 forty years . I will glady elucidate if you 23 request . 24 In my years of experience I cannot 25 remember a project I consider so rapacious Y �t 1 66 2 in intent . It compounds variance upon 3 variance and makes a mockery of zoning law, 4 the Town Code and the recent Master Flan. 5 In my opinion, what motivates this 6 plan is sheer greed. As Samuel Johnson 7 said, the applicant seeks pro-fit 'beyond the m 8 dreams of averice. ' Unfortunately for the 9 applicant , an increase in profit does not 10 constitute grounds for a variance. 11 For those not fully informed, the 12 application involves principally: 13 1 . Construction of retaining 14 improvements whose coverage would be two and 15 a half times that permitted by the Bulk 16 Schedule of the Town Code. 0 17 2 . The creation of an additional 18 monstrous degree of nonconformity on an s 19 already nonconforming property. m 20 3 . Numerous setback variances 0 21 including one which permit the construction V Z W L 22 of a building storing 160 or more fuel- 23 laden boats within 5 feet of an abutting 24 property and within 20 feet of State land. 1` �'- 25 4 . Severing the property by planning R f 67 2 for -only the easterly £32 , 480 square feet of 3 the property in a vacuum, as if it were 4 vacant land. 5 5 . Reducing the code requirement of 6 one parking space per boat to as little as 7 one-quarter space per boat . m 8 The ramifications of the first four 9 variances should be evident to all . 10 The fifth, in my opinion, is an 11 exercise in obfuscation intended to conceal: 12 the true intent of the variance sought and 13 its effects on the community. 14 With respect to parking alone, the 15 applicant ' s planning results in a deficiency 16 of 241 spaces requiring 1 . 9 additional acres E 17 of land. 0 18 To explain this ploy, the Town code i9 requires 350 square feet of parking space W per car. If the marina has 35 ,000 square m 20 0 21 feet of parking area it can accommodate 100 < u z 22 cars . 23 The sole control the Town has over the number of boats a marina can launch is 24 25 the parking ratio: One boat per car. y. t' 1 68 2 with the type of variance sought , the 3 marina used as an example could theoretical- 4 ly park 400 cars and, in practice, launch 5 400 boats . 6 In short , the variance sought would 7 set a precedent for launching several m m 8 thousand more boats in Southold's already 9 overcrowded and polluted waters . 10 Granting such a variance adversely 11 affects our environment and the entire way 12 of life in the Town of Southold. Traffic 13 would be quadrupled with particular impact 14 on residential areas . Our vital waterfront 15 and waterborne resources, which the Town's 16 government purports to protect , would be 0 17 destroyed. 18 The marina operators are on record as is stating that only 25 percent of the boats 2 20 presently accommodated are owned by Southold 0 21 residents . This means that 75 percent of u z W 6 22 the current number of boats are owned by 23 non-residents . If this variance were 24 granted, approximately 15 spaces to every 25 one used by a Southold resident . 1 69 2 - J- claims are made about providing 3 dock space for future needs . If Southold 4 were to double in population at some time in 5 the remote 21st century, present unexpanded 6 capacity would still make 50 percent of 7 capacity available to non-residents . m 8 How far are we 'expected to go in 9 sacrificing our environment for the benefit 10 of marina operators and non-residents? 11 The Peconic Bay is barely recovering . 12 It is a shared resource for all Towns 13 fronting thereon. Has the Town of Southold 14 the right to unilaterally exploit this 15 common resource by launching into its waters 16 as many as six times the number of boats 0 17 permitted by other Towns? 0 18 Specious economic arguments are s z 19 advanced to justify this quantum increase in m 20 the number of boats as a boon to the local 0 21 economy. As a matter of fact , the abomina- u z W ` 22 tion proposed in the subject application 23 would, by the applicant 's admission, create 24 two new jobs . 25 It is a well-known fact that boaters 1 70 2 coming to Southold enjoy as much time as 3 possible on their boats and spend precious 4 little money locally . The underlying 5 question is who would profit from such an -6 expansion, other than marina operators, and 7 what would be the adverse economic effects m 8 on the rest of the Town's residents? 9 Those of you who read yesterday' s 10 Newsday , an article concerning a marina in 11 Northport . It is owned by a conglomerate. 12 Profits are skimmed by the local area. It 13 is proposed to make condominiums of the 14 slips , selling from $50 ,000 to $250 ,000 15 each. To whom? This is a view of the 16 future residents can expect should this 0 0 17 variance be granted. 18 This hearing would not have taken s is place but for the unconscionable act of the o 20 Planning Board. Unbelievably, it issued a o 21 negative declaration for a project with such W L 22 dire implications for the environment and 23 for the health, safety and welfare of Town 24 residents. In my opinion, at best, they i 25 never analyzed it . In any event, they r 1 71 r 2 AA, certainly did not give it the 'hard look, ' 3 nor provide the ' reasoned explanation' 4 required by law. 5 I 've analyzed this application 6 thoroughly. If these variances are granted, 7 m it is the equivalent of the Board's making a m 8 gift to the applicant of the value of 3 1/2 9 acres waterfront commercial land. 10 There is no basis in law for granting 11 the variances sought . There is no proof of 12 hardship or practical difficulty, nor could 13 there be. 4 14 Under the circumstances , I find it 15 inconceivably strange that tonight repre- 16 sents the fourth hearing before the Board on a 17 an outrageous application that should have 18 0 been rejected summarily. 19 In this application to the State and 20 other agencies , the applicant stated owner- 0 21 ship of seven (7 ) acres of upland. He now W L 22 claims, for obvious reasons , ownership of 23 4 . 96 acres , or 30 percent less . In addi- 24 tion, he submits calculations of building 25 coverage far less than his own survey 1 72 2 reveals . Reducing the area of land makes no 3 appreciable difference. There is still a 4 shortage of 3 acres in required area. 5 He now appears to want , in direct 6 conflict with the Town code, to include 7 underwater land in his 'buildable land' m 8 calculations . 9 I confess to being somewhat confused 10 as to the land area involved in the subject 11 application. Does he own 7 acres , 4 . 96 12 acres , 6. 4 acres , or 8 . 4 acres? Does he 13 have a beneficial interest in the motel or 14 not? He has included the motel lot in his 15 statement of ownership. Which buildings 16 does he include in his calculations , and e = 17 which does he exclude? I can only work from 0 18 the data he submitted to the Board along s 19 with his application. 20 It really doesn' t matter. He cannot , 21 at this late date, change the application u z W 22 previously submitted to the State and Town 23 agencies . To do so he must start the appli- 24 cation procedure all over . These agencies t '� 25 would otherwise have no knowledge of either 1 73 2 a changed plan or its impacts . 3 In conclusion I would like to 4 summarize my objections to this application 5 for the benefit of those here assembled. 6 Some have previously been stated to the 7 Board either verbally , or by written m 6 communication. However , many concerned 9 residents are unaware of them. 10 A. The granting of variances is , by 11 law, to be sparingly exercised in rare cir- 12 cumstances . 13 B . Financial hardship or practical 14 difficulties/unique circumstances must be 15 proved by the applicant . He has not o . 16 attempted to prove, nor could be prove, 17 either. To prove hardship he would have to "s 18 prove the property is valueless without the 19 variances sought . Some chance ! Any claim 20 of unique circumstances/practical difficul- 0 21 ties is easily countered as being the u z 22 results of his own actions in developing the 23 property. 24 C. Any attempt to revise, at this 25 late date, the land area encompassed by the 1 74 2 application, or any other attempt at 3 revision including a related subdivision of 4 purported proof , would require a complete 5 reapplication to all the agencies involved 6 and a subsequent public hearing to afford 7 the public an opportunity to challenge the m 8 revised data. 9 D. The variances sought are of such 10 a magnitude as to exceed the purview of the 11 Board. While the Board is empowered to 12 modify the 'strict letter' of the law, this _ 13 application makes a mockerly of almost every 14 facet of the zoning code. In addition, the 15 code enjoins the Board to observe the 16 'spirit ' of the zoning code. Nothing could e 17 violate the spirit of the code more than the O 18 subject application. In fact , the s 19 application seeks a complete rewriting of W m 20 the code. It seeks a rezoning via the back 0 21 door. u z u 22 E. The negative impact declaration 23 which preceeded these hearings was issued 24 without the 'hard look' and ' reasoned 25 explanation' required by law. 1 75 2 No consideration whatsoever was given to the 3 manifest health, safety, welfare and enviro- 4 mental problems that the magnitude of this 5 application would certainly precipitate. It 6 is the Board of Appeals ' duty to consider 7 these impacts . m 8 F. The subject property is noncon- 9 forming in its present state and *,could 10 become all the more unconscionably so were 11 these 'variances ' granted. The Town code j 12 states that it is its purpose to ' reduce or 13 minimize impacts of uses and buildings which 14 do not conform to the use or bulk require- 15 ments set forth in this chapter. ' The 16 chapter referred to is zoning. It goes on e 0 17 to enjoin actions which ' create any new non- 18 conformance or increase the degree of non- e 19 conformance. ' What is actually sought here W m 20 is the complete abandonment of the newly 21 adopted zoning code and Master Plan. V 2 22 G. Granting these variances is 23 tantamount to making the applicant a gift of 24 the utility of , and consequently the value 4- 25 of , some 3 . 5 acres of waterfront commercial 1 76 2 land. His enrichment would be at the ex- 3 pense of the ordinary residents of this Town 4 and of their welfare and environment . 5 H. Any attempt by the applicant to 6 incorporate w-etlands or underwater land as 'buildable land' is a clear violation of the m s Town code. 9 In view of the statements above , and 10 elsewhere, it is incomprehensible to me, and 11 to other residents of the Town, that the 12 Board has temporized about this matter to 13 the extent of holding four public hearings 4L 14 and permitting the applicant to introduce 15 statements and data clearly at odds with his 16 original application on file with the 0 = 17 various agencies , State and Town, involved. a is I submit that should the Board grant 's 19 these variances , and adjudication become 20 necessary, the Board's action would ' shock 0 21 the conscience' of any court . u z W l 22 Finally, if I may be permitted a 23 purely personal comment , the cynicism 24 implicit in this action, and certain cir- '" 25 cumstances surrounding it , would turn the 1 77 2 stomach of a vulture. 3 Along with these comments , I have 4 here a letter to the Board. It involves 5 many calcuations and citations . Rather than 6 burden those here assembled with its 7� technical comments I would prefer to turn m ' s it over to the Board with the proviso that 9 it be spread on the record. " 10 Thank you. 11 THE CHAIRMAN: Thank you, Mr. Flynn,. 12 MR. MOORE: Mr. Chairman, one quick 13 comment . We have had the four public 14 hearings up to now to allow not only the 15 applicant but interested property y owners and 16 residences to have their piece, and that is 0 17 why we had four public hearings even when 18 the comments get repetitive. s = 19 To save the Board time on this late W _ 20 evening, I will put my comments in writing 0 21 to you and y get them to your Board in advance u z W 22 of whenever our next hearing will be so that 23 Mr. Flynn has the benefit of those comments 24 in advance of that meeting. Thank you. 25 THE CHAIRMAN: Thank you. 1 i8 2 MR. MOORE: Is there any word on the 3 likelihood or in the imminent future of a 4 new Town Attorney? 5 THE CHAIRMAN: I believe the Board is 6 going to address that on Tuesday. I am 'with 7 great hoping that the reconvening of this m 8 hearing will only be a formality just to 9 close it . That is ;chat I am in great hope 10 for . 11 MR. 140ORE : %is I said a moment ago, I 12 do not want to respond when I am restricted 13 to five minutes . I will give it to you in 3 14 writing. 15 MR. LIEBLEINQ : William Lieblein. I 16 am a client of Mr. Moore. I have just one 0 0 17 request . At the next hearing could we be at e 18 the beginning of the hearing instead of the s = 19 end? If it is going to be five minutes per W m 20 person, maybe you Could let someone else 0 21 wait for a change. u z W 22 THE CHAIRMAN: I can' t agree with you 23 more . 24 MR. FLYNN: I would like to make a - 25 final statement in response to a remark that 1 79 2 was made here. I resent the imputation of 3 my ability to analyze and evaluate. I have 4 been doing this for forty years for many 5 government agencies and in the State and 6 Federal courts . I therefore welcome the 7 opportunity for anyone to attempt to prove m m s my calculations wrong. Thank you. 9 THE CHAIRMAN: Thank you. 10 He no further comments , I make 11 the motion to recess without a date, and we 12 will reconvene as soon as we have a chance 13 to discuss this particular project with the 14 new Town Attorney. 15 MR. DINIZIO: Second. 16 THE CHAIRMAN: All in favor? a 17 BOARD MEMBERS: Aye. O 0 18 (Time noted: 10 : 50 p.m. ) 's 19 z 20 m 0 0 21 V Z W 22 23 24 25 1 2 3 C E R T I F I C A T I O N 4 5 6 7 m 8 I , GAIL ROSCHEN, do hereby certify that I am 9 an Official Court Reporter and that the foregoing 10 constitutes a true and correct transcript according 11 to my official stenographic notes . 12 13 GAIL ROSCHEN 14 Official Court Reporter 15 16 f 17 0 18 S 19 W m 20 0 21 V 2 W 6 22 23 24 25 6 1 SOUTHOLD TOWN ZONING BOARD OF APPEALS 1 COUNTY OF SUFFOLK : STATE OF NEW YORK � 2 ----------------------------------------X 3 SOUTHOLD TOWN ZONING BOARD OF APPEALS 4 HEARING, In the Matter of 5 PORT OF EGYPT, 6 Applicant. 7 ----------------------------------------X 8 53095 . Main Road Southold, New York 11971 9 March 29, 1990 10 7 : 38 P.M. 11 B E F O R E 12 GERARD P. GOEHRINGER, 13 Chairman. 14 w BOARD MEMBERS:_ 15 CHARLES GRIGONIS, JR. 16 SERGE 'DOYEN, JR. (Absent) 17 JOSEPH H. SAWICKI 18 JAMES DINIZIO, JR. 19 Doreen Ferwerda , 20 Secretary. to Board A P P E A R A N C E S 21 MOORE & MOORE, ESQS. Attorneys for the Applicant 22 Main Road 23 Mattituck, New York BY: WILLIAM MOORE, ESQ. 24 . 25 ALSO PRESENT: MERLIN WIGGIN WILLIAM LIEBLEIN r" 2 2 THE CHAIRMAN: I welcome you all here 3 tonight. This is a special meeting in an 4 attempt to clear up two specific hearings , 5 one of which we have had for quite some 6 time. I just congratulated that particular 7 . . applicant for being number one on the list e tonight. He is smiling, and so is his s attorney. So that is a step in the right 10 direction. 11 It is not necessary to read the legal 12 notice. It has been read several times. So 13 we will have simply the reopening of this 14 hearing of the Port of Egypt . 15 y' I would ask Mr. Moore if he would 16 like to be heard? 17 MR. MOORE: Mr. Chairman, I have had 18 several conversations with Mr. Lieblein and 19 with his counsel , Merlin Wiggin of Peconic 20 Associates, and I am presenting to you today 21 . . . earlier today I dropped off to your 22 office a . . . I am trying to simplify this 23 application. As it was before, we needed at 24 least four variances to accomplish this dry _ 25 rack storage building . . . a little arm h 3 �-' 2 twisting and recalculations and we figured 3 out a way in which we can reduce the needed 4 variances from four to two. 5 I have proposed, and Mr. Lieblein is 6 ready to agree with me on this suggestion, 7 that he reduced the length of the building s such that he could comply with the front 9 yard of the M2 zone. By doing that he 10 reduces the square footage of his buildings 11 covering the property and if my math is 12 correct , I think you can double check it , we 13 don' t go below the 30 percent lot coverage. 14 So there are two variances right there we 15 knocked down .by realizing we can still make 16 the building function. We lose slightly 17 more than one full boat storage rack on both 18 sides of the building in length, but we can 19 accomplish the elimination of two variances . ' 20 We are left with the side yard 21 variances . The variance as related to the 22 distance to the bulkhead is a 75-foot re- 23 1/ quirement from the code. 24 THE CHAIRMAN: What are we doing on 25 the Ka er pp (phonetic) side in reference to n - 4 2 distance from that property? 3 MR. MOORE: - Actually, we will stay 4 with the 15 feet sideline suggested. The 5 reason for that, as I mentioned, it has been 6 repeated several times . Why that 15 feet is . 7 necessary is, number one, we can't reduce 8 the width of our building anything below 125 9 feet . . .that relates to its finality. We 10 have got storage racks on both sides of the 11 building and an aisle in the center. Ideal- 12 ly, the building would be 130 feet in width, 13 and Mr. Lieblein can squeak and push below 14 125 feet in length . . . it doesn' t work. 15 Theoretically, you can move the 16 building and have an additional 10 feet to s 17 the west and accomplish your side yards . . . 18 25-foot side yard requirement . However, 19 this plan has been before this Board for 20 quite some time, as it has been before the 21 Planning Board, and in looking at the park- 22 ing lot layout and access and traffic flow, 23 it was suggested to the applicant that he 24 keep the building to the one side. You get 25 access in and out on the west side . . . l 5 �9.J 2 - � parking . . . you've got more parking to the 3 west side. It is more functionable for the 4 traffic flow, as it was suggested by the 5 Planning Board to encroach on that side 6 yard. 7 THE CHAIRMAN: Do you have updated 8 site plans maybe you are going to give us 9 with the reductions of the front? 10 MR. MOORE: No. We can draw you a 11 line across . You can mark it in red. 12 THE CHAIRMAN: What is the distance 13 now from the old Main Road? 14 MR. MOORE: Well , we have it at 35 15 feet . I think it is presently measured 16 correctly. It is 22 right now. We have got 17 to build back some 13 or 14 feet . 18 THE CHAIRMAN: All right . The length . 19 of the storage building is what? 20 MR. MOORE: I presently presented 21 217 . We reduced that to 14 feet to make it 22 213 feet. I am sorry, 203 . 23 THE CHAIRMAN: All right. Let 's do 24 this . Let me go over some of the square 25 footages I have gotten, and tell me where I N ` 1 6 2 am wrong or where I am right . There may not 3 be a concurrence here and it doesn't have to 4 be tonight. You can come back to us . 5 MR. MOORE: . This is with respect to 6 the existing structure. 7 THE CHAIRMAN: The existing struc- 8 ture. Now, the old office in the shop which 9 is adjacent to the building, I have 3,078 10 square feet.. 11 MR. MOORE: That is correct. 12 THE CHAIRMAN: And the other, the � 13 ?� remaining portion of that building is going 14 to be destroyed:, which is the portion 15 towards the proposed new building; is that 16 correct? 17 MR. WIGGIN: That is correct. 18 THE CHAIRMAN: Now, in front of the 19 proposed storage building, which is the 20 existing sales shop, he shows that as 720 21 square feet . 22 MR. WIGGIN: That is correct . 23 THE CHAIRMAN: Is the ramp elevated 24 on that? _ 25 MR. LIEBLEIN: It starts at the door V 1 7 �-' 2 height and slopes down. 3 THE CHAIRMAN: I am just including it 4 so we have it all in that . I have that as 5 120 . 6 MR. LIEBLEIN:. That was not included. 7 THE CHAIRMAN: These area 8 MR. WIGGIN: Are you suggesting we 9 should put the ramp, as far as the building 10 square footage? 11 THE CHAIRMAN: I am only taking 12 anything above six inches above the ground. 13 I did not include the cement slabbing or the 14 - washing platform or the existing concrete 15 ar"ea in back of the sale showroom that you 16 have over there, an so on and so forth. I 17 have square footage on them, but I excluded 18 them because they are on ground level . 19 MR. WIGGIN: That ramp and driveway, 20 \/ that probably would be less than six inches 21 above the ground. 22 THE CHAIRMAN: We are taking this , 23 and then going back and reinspecting it 24 before the decision and we will "X" out 25 anything that is not within that mode. 1 8 2 The existing ramp that sits over on the west 3 side of the proposed storage building is 4 either a macadam or cement ramp, like that 5 of a launching ramp of a boat, that is on 6 ground level . So that is excluded. - ., 7 Let 's go over to the restaurant for 8 the moment. I have the restaurant at 4,225 9 square feet. I have the boardwalk, which is 10 across to the water, and is that right on 11 the ground? 12 MR. WIGGIN: Yes , sir. 13 THE CHAIRMAN: So that is excluded. 14 The deck however, that is off the building .4, 15 that we granted, is elevated above the 16 ground; is that correct? 17 MR. WIGGIN: That is correct. 18 THE CHAIRMAN: I have that at 2 , 241 19 square feet, and I wish you- would change 20 that . . . write that in. 21 MR. WIGGIN: I don' t think it is 22 quite that big. 23 THE CHAIRMAN: Two thousand two 24 hundred forty one . . . of course, I didn' t 25 figure all the . . . 9 h 9 1C 2 MR. WIGGIN: That 's grass . 3 THE CHAIRMAN: Okay. We granted some 4 deck in there. 5 MR. LIEBLEIN: No, sir. As far as I 6 know, right now it is all grass . 7 THE CHAIRMAN: That is excluded. 8 That's going all the way around to here. Is 9 that a boardwalk? 10 MR. LIEBLEIN: This is just landscap- 11 ing. 12 (Whereupon, a discussion was held off 13 the record, after which the following oc- 14 curred: ) 15 THE CHAIRMAN: Two thousand two 16 hundred forty one is now back out again. 17 That 's out. All right . 18 On the concrete and the porch on the 19 west side of the restaurant, I have 840 plus 20 42 . So the total of that would be 882. 21 (Whereupon, a discussion was held off 22 the record, after which the following oc- 23 curred: ) 24 THE CHAIRMAN: Jimmy has a question. 25 We are going out right now. i `` 1 10 i 2 Merl , the ramp in front of the build- 3 ing, I 've got 960 . 4 MR. WIGGIN: That is the handicapped 5 ramp . 6 THE CHAIRMAN: They checked that out . 7 Okay. Let's run off to the existing metal 8 building that is used for sale and your 9 office. I have two figures on this . The 10 square foot figure on it is 23 ,175, which is 11 very simply the 103 by 225 , and then eastern 12 extension I have 5 ,544 . The only other 13 thing, Merl , is the existing shed over there 14 on the west boundary line. Approximately 15 that is 30 feet deep and . . . I 've got 2 ,048 . 16 MR. WIGGIN: That 's when the property 17 line is going through. 18 MR. LIEBLEIN: No. That 's 30 and the 19 length is 60 feet . 20 THE CHAIRMAN: That is about 61 feet 21 long. 22 (Whereupon, a discussion was held off 23 the record, after which the following oc- 24 curred: ) 25. THE CHAIRMAN: The only other J 2 question I have is the tax map said 5 . 6 3 acres . I see in here you are referring to 4 the property based upon the square footage 5 of 4. 96 . We ask for the calculations of 6 underwater land and you came up with 1.3. 7 So that is excluded from . . . so you are 8 telling us . . . 9 MR. MOORE: From the computations you 10 have there. Yes , they have not been in- 11 cluded. Yes . Right . In fact , did I give 12 you a map of . . . here we go. I gave you a 13 map of the survey of the property in which 14 ---we have shown the two bases , incomplete and 15 completed, the acreage of each, and that 16 acreage is not included in computing the 17 upland lot coverage. 18 THE CHAIRMAN: You are saying it is 19 4 . 96 plus 1. 33 of actual taxable land, 20 that ' s gross land? 21 MR. LIEBLEIN: If that is what it 22 comes out to. 23 THE CHAIRMAN : My problem is I have 24 5 . 6 minus 1 . 33 , or 4 . 33 , and that 's where 25 the problem came up. Because I am coming up 4 ' 1 12 2 around 36 percent . All right . But remem- 3 ber, I have added in 2 ,000 feet and on the 4 south side of the restaurant . 5 MR. MOORE: I don't know if you were 6 satisfied with the copies of the deeds I 7 gave. I was not aware. I went back and 8 read a transcript earlier this week, and I 9 think you are looking for a singe and ' 10 separate search. I was not aware of that . 11 I gave you copies of deeds . If you want a 12 single and separate search we can have that 13 done. 14 THE CHAIRMAN: We have at least two 15 members of the Board that have been here 34 16 years that will attest to the fact that Mr. 17 Lieblein owns the property or his family 18 owned the property prior to zoning, and with 19 those deeds, that I think is basically what 20 we need. We have Mr. Sawicki , who was a 21 police officer in this Town and ex-Chief . 22 MR. MOORE: I don' t want there to be 23 any confusion. I know the issue was raised 24 about the motel facility. I don't want 25 there to be any confusion as to where the J 13 Uj 2 motel is . It is not included. 3 THE CHAIRMAN: Where do you stand on 4 site plans now with the parking issue across 5 the street? That is the only other thing. 6 MR. MOORE: I think I have done some 7 parking computations there for you, under 8 the code as it presently stands . There are 9 some computations on the site plan before 10 you, we did some wishful thinking, showed 11 computations as we believe the parking ought 12 to be. 13 Referring specifically to the marina 14 —slips , should have one-half parking spaces 15 pe-r boat slip; dry dock storage, one-quarter 16 space per dry dock storage. To clarify 17 things in the memo I gave today, I went with 18 the code as it stands today. You have a 19 total required parking spaces of 421. using 20 the numbers of both slips , the exact dry 21 dock storage, the number of employees , the 22 restaurant computation, and his proposed 23 boat storage, which Mr. Lieblein tells me if 24 he scales it down as proposed, it would hold 25 maybe 152 . • a 1 14 2 I have done exactly as the code calls 3 for and I 've gotten a total of 421. The 4 site plan before you on the south side of 5 Route 25 has 188 parking spaces . On the 6 north side of the property on which the site 7 plan was a separate item done there showing 8 you can hold 110 parking spaces . 9 That site plan has been before the 10 Planning Board, at this particular point , 11 where we were between the site plan finally 12 getting approval from the Planning Board and 13 a need for the variances from here. Maybe 14 Merl can tell -me where we are with the 15 Planning Board's approval of that property 16 for use as parking. 17 MR. WIGGIN: They are waiting for the 18 Planning Board to give a final determination 19 of the revised drainage plan, the planning 20 counsel . 21 THE CHAIRMAN: Right . So just say 22 you are aware that this decision is condi- 23 tioned upon the fact that this gentleman 24 will continue retaining that property across 25 the street for the purpose of parking. 1 15 2 MR. MOORE: Right . I understand if 3 we . . . 4 MR. LIEBLEIN: That was my intention 5 when I made it available. 6 MR. MOORE: I think you have gotten 7 provisions in your code requiring certain 8 restrictions as to the use of adjoining 9 property or property across the street. So 10 that will be taken care of . 11 And finally we pick up the arm to 12 replace the boats with cars of the owners , 13 and the boat storage dry rack can be one for 14 one. So if in fact the code requires one 15 parking space per dry dock storage slip, 16 that facility is designed in such away that 17 the cars are placed on pallets . And that 's 18 how that system can work. 19 I have given for . . . at least in one 20 copy I have presented this afternoon . . . a 21 copy of the local tax law the Town is con- 22 sidering. I know you can' t think about that 23 now. You don' t have the parking in front of 24 you. We have available, including across 25 the street , 450 spaces . We need 421 . 16 2 We have 29 extra parking spaces . The Town 3 is still considering changing the marina 4 parking requirement in which we had more 5 than enough. In fact , I did recompute this , 6 but assuming the Town were to adopt . the 7 proposed local law in its present form, we 8 have adequate on-site parking at 188 spaces 9 presently there to satisfy the recomputed 10 parking requirements . 11 THE CHAIRMAN: Right . 12 MR. MOORE: We won' t need across the 13 street . We won't need the boat storage 14 building or the parking across the street . 15 My final comments are related to . . . 16 THE CHAIRMAN: I just want to say, 17 before you do that , I apologize p gize for jumping 18 in. Any decision from this Board would be 19 subject to the Planning Board's approval for 20 the site plan or parking, anyway. As you 21 know, we work very concurrent most of the 22 time, . and that would be the situation 23 anyway. . So we appreciate the parking 24 situation. 25 MR. MOORE: I just wanted to clarify 1 17 2 with the site plan, showing some wishful 3 thinking on our part , comments were raised 4 here at the public hearing at which they 5 were stating that we were grossly underes- 6 timating the parking needs and we were not 7 providing adequate parking. That's why I 8 went back and recomputed and show you with 9 the parking across the street we do have 10 adequate parking. We are not here for the 11 parking variances . 12 MR. LIEBLEIN: On that same line, on 13 the existing storage building with its 80 14 �,- spaces, if we palletize cars we would have 15 way over. 16 MR. MOORE: I didn' t include that . . 17 That ' s true. 18 THE CHAIRMAN: Thank you. 19 MR. MOORE: The other comments I have 20 regarding other variances we need has to do 21 with that setback from the bulkhead require- 22 ment . As I point out, it is a marina re- 23 quirement set for the Zoning Board regard- 24 less of the zoning district in which you are 25 located. 1 18 2 M1 . . . M2 residences , no difference 3 whatsoever and yet the M2 zone itself has a '4 variance setback for structures as 25 feet . 5 - Kind of interesting when you think of the 6 rear yards of marinas as being either the 7 creek or; bay or whatever water body they are 8 on, and the need to get access . 9 The purpose of the boat storage 10 building is to operate in a sense as boat 11 slips, out of water boat slips . The 75- 12 foot requirement doesn' t make sense to have 13 a forklift traveling back and forth that 14 distance. That property would have to 15 remain clear to the extent the machinery 16 functions . The forklift operates in close 17 proximity to the water. That is the stated 18 purpose and the intention of the use of that 19 building, to get access to that boat basin. 20 So we seek the variance . . . 40-foot distance 21 from that bulkhead. 22 We also raised discussions with the 23 Planning Board that any drainage and runoff 24 has to be retained on the site. So the 25 building is not going to be running water in r 19 �J 2 the basin. In fact , ' I believe the concrete 3 pad can be sloped in such a way that it 4 would have a drain in it to ensure that. 5 A couple of final observations . If 6 you think from an environmental concern, 7 when you have boats that are docked or 8 moored in water and you have all throughout 9 the boating season, or in such a position 10 where they can go in -there year-round, those 11 boats must have automatic bilge pumps which 12 when boats are out in the weather, they fill 13 up with rainwater and you get automatic 14 bilge and pumping that bilge water in the 15 bap, to the extent you put boats in dry rack 16 you minimize the problem as the boats are 17 out of the elements or under cover. So it 18 has a nice side benefit to it. 19 Painters have had recent concern 20 about bottom paints . Some are more con- 21 cerned about it than others. Dry rack 22 storage reduces the need for bottom paint, 23 after an amount of time the boats have spent 24 in the water. 25 No one will need to come in if they 1 20 C2 are going to use dry rack storage and re- 3 quest additional water boat slips . Boat a slips require degradation of water area. We 5 deem to preserve wetlands when using dry 6 dock storage, when possible. 7 The last point, when the boats are 8 outside for the winter storage, most boat 9 owners want to have the boat shrink wrapped. 10 Sometimes that plastic is torn off . To the 11 extent we reduce the amount of plastic, we 12 reduce the waste stream. L13 That 's about all I 've got . If you 14 have any questions , I ' ll get back to you 15 tomorrow with Merl , on the computations , as 16 soon as we can. 17 THE CHAIRMAN: How many boats are you 18 planning to put in this building, at this 19 time, total? 20 MR. MOORE: The capacity of the 21 building . . . 22 MR. LIEBLEIN: Original capacity was 23 going to be 160 . It was designed to be 10 24 double spaces- on each side, which is 20 25 boats times four high is 80 . . . two sides P. 1 n 21 2 . . . is 160 , by taking 14 feet off . We have 3 taken more than one-half of the end bay 4 away, which is at least eight boats . Now I 5 have to make the decision, do I make the 6 remaining bays all a little bit bigger for 7 larger boats or do I make a few of them a 8 little bit smaller for 18 , in which case I 9 lose only one bay, otherwise I lose two 10 bays . The maximum I have is 152 . 11 THE CHAIRMAN: Thank you very much". 12 MR. MOORE: Thank you. 13 THE CHAIRMAN: Anybody else that 14 . would like to speak in favor of this ap- 15 plIcation? 16 Anybody that would like to speak 17 against the application? 18 MS. SAWASTYNOWICZ : Nancy 19 Sawastynowicz . I just want to add the point 20 that I have worked in boatyards for 12 21 years, and I know how toxic they are. Just 22 to add that many more boats to an already 23 critically impacted bay, I think, is 24 ridiculous . I don't think putting a ' 40 25 feet or 75 feet makes a difference. It is l 22 2 still going to run in the bay, and I would 3 really like to see it be kept the way it is 4 now because that still is huge. 5 So that is my point . I just think it 6 is a real environmental impact. 7 THE CHAIRMAN: Thank you. . 8 MR. LIEBLEIN: I didn't speak at all 9 at the last two hearings, as I recall , 10 because I felt there-:.was not any point and I 11 thought I would like to state my own words 12 . . . my feelings . 13 "Dear Members of the Board: 14 Our attorney, Mr. William Moore, has ., 15 responded in writing to the questions raised 16 during the past four hearings and he mil+ 17 also added to that this evening, and as I 18 said, I would like to state my position 19 here. 20 The successful operation of a full 21 service marina depends on being located on 22 the water, number one. Number two, it 23 depends on having qualified people; and 24 third, it depends on having a modern 25 facility in which to work and the dilemma of 1 23 2 all marinas in our area is how to keep our 3 personnel gainfully employed during the 4 winter season. The Port of Egypt 's present. 5 economic hardship stems from the fact that 6 during December, January and February, we 7 operate at a loss . During this period, the 8 income generated by storage, sales and s service has always been exceeded by expen- 10 ses , primarily salaries , health and general 11 insurance. We have been raising our rates. 12 to keep up with these rising costs but there 13 is a limit as to how much you can go before 14 you price yourself out of business . 15 Lately, the rise in cost of general 16 and health insurance has rise at a rate far 17 in excess of the inflation rate. For ex- 18 ample, health insurance that cost $6 ,000 a 19 month just two years ago is now $12 ,000 a 20 month. General insurance that cost $50 ,000 21 per year just five years ago is now $100 , 000 22 a year. As these and other costs go up, it 23 becomes increasingly difficult to cover the 24 losses in the winter months with the income 25 from the other nine months of the year. y . 1 24 2 I might point out, one of the reasons 3 we lose money in January and February is I 4 send out people to school , and you are not 5 generating any income. We presently employ 6 26 people. Nineteen of these are supporting 7 families in town. Laying off_ these people 8 and asking them to subsist on unemployment 9 is not an acceptable solution. We count on 10 these people all year. and we must be able to 11 provide sufficient work to keep them 12 employed. 13 As Mr. Moore has told you, we have 14 reduced the size of our building so as to 15 eliminate the need for a variance for lot 16 coverage or front yard setback. This change 17 has been made in a spirit of compromise and 18 to reduce the complexity of the factors this 19 Board must consider before making its 20 decision. 21 As one of many small businessmen 22 struggling to survive in this Town, I ask 23 that you consider the facts before you, 24 and make your decision as expeditiously as 25 you can. Y, 1 25 2 THE CHAIRMAN: Thank you. 3 The other question I have is, Merl', 4 if u wouldn' t mind, would you just tell us 5 how you arrived at that 4 . 96 in reference to 6 actual upland area? 7 You don't have to do it tonight. You 8 can explain to us with a map of it, if you 9 so desire. 10 MR. WIGGIN: This was done by the 11 survey doing a recalculation of the upl.and. 12 We went down there and physically measured 13 the boundaries of the water lines and recal- 14 ,, culated the upland because there . . . before 15 you there has been minor changes and they 16 took that into consideration. a. 17 THE CHAIRMAN: Do you have a map on 18 this area? 19 MR. WIGGIN: You have revised survey 20 that shows you did that . 21 THE CHAIRMAN: That 's 4 . 96. 22 MR. WIGGIN: Right . 23 THE CHAIRMAN: We are requesting 24 information from you. I don' t know if we 25 should wait until we receive it to close the 26 2 hearing, or if we ' should close the hearing 3 subject to receiving it . I think what we 4 will do is what we did in December. 5 I make a motion to close the hearing 6 pending the receipt of this information. 7 For everybody present, we are requesting 8 information within two weeks . This Board 9 will not entertain any deliberations of this . 10 particular matter until at least the 19th of 11 April , and sometime thereafter, and probably 12 subsequent to the 19th of April , at which 13 time we will have any additional information 14 presented in this file and some of the other 15 things we have in our office which are the 16 archives of this particular project and on •a- 17 this particular property. You are welcome 18 to come in and look at it . So we just ask 19 you to get it to us within two weeks . This 20 way we have it . 21 Hearing no further questions , I make 22 a motion closing the hearing, reserving 23 decision on this and pending the receipt of 24 the additional information in concurrence l 25 with the lot coverage we requested. 1 y 1 27 2 MR. DINIZIO: Second. 3 THE CHAIRMAN: A1.1 in favor? 4 MR. GRIGONIS: Aye. 5 MR. DINIZIO: Aye. 6 MR. SAWICKI : Aye. 7 THE CHAIRMAN: I thank you very much, 8 gentlemen, for coming in. 9 (Whereupon, a brief recess was taken 10.. at 8 : 12 p.m. and the-- hearing resumed at 8 : 18 11 P.M. ) 12 13 14 15 16 I , GAIL ROSCHEN, do hereby certify that I am 17 an Official Court Reporter and that the foregoing 18 constitutes a true and correct transcript according to my 19 official stenographic notes . 20 21 _,` /z f .� �-f•-Cj�'�2' mot.._ GAIL ROSCHEN 22 Official Court Reporter 23 24 25 E; Page 13 - June 19 ; 1986 Transcript of Public Hearings Southold Town Board of Appeals 10 : 58 p .m. PUBLIC HEARINGS - Appeals No . 3524 (Variance ) and 3525 (Special Exception . PORT OF EGYPT ENTERPRISES. Fuel -storage tanks location in this "C=Light Industrial Zone" within 75 ' of wetlands . 6230 Main Road , Southold , New York . The Chairman read the notices of hearings for the record . The reading of both applications was waived and authorized by those present . The hearings were opened simultaneously at 1.0 : 58 p .m . CHAIRMAN : I have the map in front of me which is the same map that you gave us the last time , which was amended May 29 , 1985 , and it indicates the area in question and pretty much the entire marina , and I have a copy of the- Suffolk -County Tax Map . Would you like to be heard? MERLON E . WIGGIN , P . E . Thank you . I know it ' s getting late so I ' ll be very brief. A couple of _things I thought might help clarify the application and add some additional information as to .why we felt it should be located nearer where it is . First of all , 'this is a reinstallation of existing tanks . I think part of the notice in the first time- was a new installation . It ' s not . The tanks are in existence the same number , and will be reinstalled (at an alternative location ) primarily because of meeting the requirements of Article 12 of the Suffolk County Health Code , which requires berms and retaining walls and special distance as far as tanks and so forth . CHAIRMAN : Where are the tanks now? MR,. WIGGIN : The tanks now are on the east side of the property on the other side of the basin . CHAIRMAN : All right . MR . WIGGIN : And they have not been installed properly as per the Suffolk County Health Code . We ' re in a little bit of a dilemma as far as trying to meet all the codes . This present installation location has been approved by the D . E . C : and the maintenance section of the Suffolk County Health Department . And this application has been kicking around with for almost a year now , and the last ( ) that the Health Department insisted upon was that no . buried fuel lines as part of the installation, and therefore the dispensing pumps is adjacent to the tanks and Page 14 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals"No . 3524 and 3525 - PORT OF EGYPT hearing , continued : ) MR. WIGGIN (continued ) :. the fuel lines , are overhead . Also , NFPA' s .Section 30A makes specific reference to marine tanks and dispensing pumps , and they like to integrate it--in fact the whole regulation is written around integrated tanks . That means the dispensing y pumps that ' s next to the tanks . In fact they even recommend that they cannot be next to the tanks , that they even consider relocating the tanks out on' the pier or bulkhead into the water , rather than .having a long distance between the dis- pensing pump and the tanks .. --- CHAIRMAN : Can you give us a copy of that--that ' s. very interesting. MR . WIGGIN : Yes , 'I can . In fact --- BILL LIEBLEIN : I ' ll give him this copy. MR . WIGGIN : Bill Lieblein has a copy and I can leave that with you . What we tried- to do to --by the way_--_-if we remote the dispensing pumps from the tanks and separate .it =there was some discussion indicated they would like to see-- this means this would be a vehicle roadway between the pump and the tanks , and on that roadway goes forklifts , cranes, and so forth . The fuel line under . the. roadway. would have to be specially built,. double walls q with monitor--systems . Also the NFPA reuires th__at at the junction of the shoreline and the dispensing. line , there be another special valve to be installed so that you can shut off the lines from the tanks and the dispensing pumps closer to the shore than the tank would be . What we tried to do is , we submitted .mor.e. detail ' of the site plan location , and the change we had made , we wrote to you the fuel tank installation 90' to the water to keep the gas tanks further away from the boats than they were before, and also we ' ve showed the actual - distances between the tank berms and the shoreline and show where the floating docks would be . This is kind of .a compromise between .the NFPA and the requirements of the 20-foot dispensing lines , 'and now requires extensive pump line of abut 25 feet . If you go further away , you cannot see the tanks meters , because that is a concern as far as the NFPA is concerned . And if you put the dispensing pumps again , on the bulkhead on the water itself, then you ' ve got the hazard which the D . E . C . and the Health Department asked us not to do . So that creates a dilemma as to which way we ' re going to go . Does that help clarify some of the concerns as to why the -tanks were. located Page 15 - June 19 ,' 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT-hearings , continued : ) MR. WIGGIN (continued ) : - where they were . We tried to respond to everybody and say the principal criteria that we are required to meet was the Suffolk County Health Department. If we relocate it separate , then we have to make a new application . CHAIRMAN : When you say 13 feet from the water , are you referring 13 feet from the , I guess you would call it cliff? What do you want to call that? BILL LIEBLEIN : We got a permi.t from the D . E . C . ,• Corps of Engineers , the Town -Trustees , 'to use._ rip-ra.p to fortify. or eliminate the erosion around the edge of our bulkhead . The rip-rap that we ' re using is the Jockey Creek Bridge . . And I--that was the first section that I put. this installation in , because I knew that ' s where we wanted to put the fuel tank , and I ' ve since started another area where I actually got the top soil down and the grass seed planted . We measured back from the edge of this column--what we ' re doing is we ..are using large blocks... of stone underneath , and capping it with a nice straight line using the pier and then coming back from that. That ' s where the 13 feet is . MR. WIGGIN : From the top of the new bulkhead . MR . LIEBLEIN : What we tried to do is- address-- Bob and I had a long conversation when he came down , and then I got together with Merlon and found out that we would have to go through the whole process again , Number One, and Number. Two , that they really--they-' -the Board of Health would prefer' to see everything attached to the lines underground, so._ I proposed that we turn the faiclity 90°._ to move the gas tanks back further. We also measured- exactly how far it would be from the actual boats that might be fueling up , and the boat was tied up , there ' s the five foot dock , and then we measured to this column and it was another eight feet , and it ' s 13 feet to the edge of the tank , and then the first fuel tank i.s another 10 feet, and if you add all that together , it roughly comes out to 36 feet , which is essentially ten feet more than it was before . The second tank is 20 feet away . Prior to coming in , prior to seeing Merlon , I just .kind of put some thoughts down on a piece of paper,. some of which are repetition of what Merl said, and I would like to kind of go through them. There might be some additional clarification . Our original application was based on detailed plans that were reviewed and then revised by the County Board of Health and D . E. C . Both from the planning view of non-pol.lusion and safety and so on . Page 16 - June .19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR. LIEBLEIN (continued ) : And as I just said , based on your concerns and my discussions with Bob about closeness to the boats , we came up with the rotation of 900 to get the greater distance . I just went through the dimen- sions , we ' re about 36 feet back to the first fuel tank . Relocating as suggested to 65 feet will require the underground pipes , which Merl talked about . and . the resubmittal . So since the Board of Health would prefer to see them as close as possible , and I. had referenced the. NFPA, which Merl has already brought up and when I 'm finished , 'I.' l..l give you this co'py._ which Merl had ,given to me-- " . . . Tanks supplying marine service stations and pumpq not integral With the dispensing unit . shall be on shore or on the pier of solid fill -type , except as provided in (a ) and (b) . . . (a ) Where a shore location would require excessively long supply lines to dispense .the authority having jurisdiction may authorize the installation of tanks on a pier provided that the_, applicable portions of NFPA , S et cetera , et cetera , 'are followed . This is one of the key things . : They ' re saying , "Move the tanks out next to the pumps-- don ' t move the tanks way back in the inner lands and run more pipes out to—it . " I think what we propose. is a compromise that accommodates both requirements as closely as possible . For economic reasons , we closed down our rental operation because the cost of insurance has gone up as everybody knows and the demand for. both rentals is going down in _general and of course the brown tide last year and again this year , if we had tried to rent boats , it didn ' t help a thing . We moved our bait and tackle operation over to ou_r fish market so one person can handle both rather than running two separate operations . So what we end up with now is every time somebody wants gas , we ' ve got to send someone over there-_-all of which has nothing to do directly with this , but it ' s one of the reasons we ' re anxious to get it moved . Second of all , _'as you know, you have on your pending list an application for a motel , which is what we decided would be th_e most logical use ,since we ' ve been in the service business there for 40 years--motels or a service business would seem logical to us to perhaps go to that . We haven ' t done anything on it recently . We haven ' t been back to you because the Master Plan is coming down the roa.d and we thought we might as well just wait and see what happens there . But that ' s another reason not to leave the fuel tanks where they are , not to reinstall them where they are , because if we want to build a motel there , and you ' ve got gas tanks , that ' s not very compatible . And another thing is where we have the tanks proposed now , they ' re as far as possible from our Page 17 - June 19 ; 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR. LIEBLEIN (continued ) : large storage building , which is where we ' d like to keep it . (changed tape to Tape #4) MR. LIEBLEIN : In the event that you can review this and perhaps act favorably on it , we would appreciate it naturally , as soon as possible since we 'were .workin_g on it for six or eight months now. We had hoped to have it done in March so it would be ready for the season .._. Obviously that isn ' t going to happen . We were hoping to get in operation before the season is over . A choice I would probably choose if I c_ ou.ld would be just to forget the whole thing except that we ' ve got .almost 200 boats i n our marina . Albertson Marine_ doesn '-t. have a fuel facility . And so a lot of his customers come to us, and the next nearest facility is to .go out and to go into Golds.mith `s and that ' s. a tight entrance over there . With that number of boats ; "it ' s economically feasible to do it , but it ' s not a great money maker . In any case it ' s a headache when a person. comes to you and says , I. ' ve got water in my fuel and it 's your fault even though he may have gotten it through his vent or whatever . Some cases , you ' re better off if you don ' t sell it if you ' re in the marine business . I just don ' t feel we can run our operation without having fuel for our cus- tomers . So , we do have to proceed on it . We ' ve had our present facility where it is for 40 years without a problem . And it has been--now defi.nitely__ doesn ' t comply with whatever the present codes are . I mean it was done over the years-- it was the logical place to put it because you were going to pump the gas--you m.ight as well have everything right close together . It happens that the facility where sits now is probably about 15 feet from the back wall - of the Arrow Bar and about 15 feet from the back wall of our little fishing station . So our feeling is we are making an _improved facility , and it ' s going to be a lot safer out there in the open than it is between the two buildings where it is now . And I guess I don ' t have any other comments to make at this time , and I would be happy to try and answer any question that you might have . CHAIRMAN : The only question that we really have is the question when we sent Mr . Douglass down . How do you concur with this new plan , Bob? Page 18 - June 19 , 1986 Transcript of Public Hearings B C Southold Town Board of Appeals, - C (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued: ) MEMBER DOUGLASS : Let me think about it for a while--especially that underground regulation. MR. LIEBLEIN : I would appreciate it , Bob , . if you could come down again and look at it when I 'm there . CHAIRMAN : Are there any stakes , Bill , where we can-- I ' ve been down there twice and I still have. trou.bl e. 1 ocati ng i t ._ . . MR. LIEBLEIN :. You won ' t have trouble any more . Because we had the -permit from-. the D . E . C. and we had the permit from the. Trustees . ' Subsequent -to your first hearing, Merl was-_ there and my brother- in-law Ace was chosen to be there that night--I don ' t know where. I had a meeting or something else or what. But he came and I didn ' t come . And they indicated that there didn ' t appear to be any question . . So I ' m sitting here saying , the sooner we get this thing on the line the better , so I du_g the hole and backfilled it with sand so it could start settling.._ So that' s. there now. _ There ' s no question- where . it ' s. supposed to go . If it isn ' t approved , 'and we don ' t. do it at al.l , then we just f.i..11 the hole and that ' s t-he end of it . If ,it i5 approved ,._ all I have to do C is put the forms in and get -started on the construction . So there ' s no question about where it is now. Except .that the hole is a rectangle which sits this way to the bulkhead , and obviously if you approve and say , yeah , turn it 90 ° , we ' ll just turn it and i_t ' s, going to _come back further the other way . .And that ' s what we would do ...; We would just turn it , push it s over to the west as far as posible;-_'and then it would project back . -And it would .be out of our..way . One of. the other. thoughts that came to our mind , and .,I didn' t even mention it to Merl , I don ' t know whether and under your concern , main concern is an explosion-- I take it: Ok . And I don ' t know if we said , ok , we have to for the Board of Health purposes , we ' ve got to have the wall high enough so that if one of the tanks ' leaks it will contain all the fuel that ' s in that tank and then you can do something about it rather than have it leak into the Bay . I don ' t think the Board of Health would have any objection -to making the wall higher if you said , well , for last protection if it blows up , it can ' t go o.ut , it has to go up , if wel'.made the re-enforced concrete wall higher--that ' s something .that I would consider . If Bob came down , and we looked at and said , Gee , if you made it a foot or two higher , and then you came through and said we approve of this location , but we want you to make the retaining wall higher , not to be a retainer , but more as a protection against explosion , that isn ' t going to cost us all that much , and do you think that would be a problem for the Page 19 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals. (Appeals No . 3524 and .3525 - PORT OF EGYPT-hearings , continued : ) MR . LIEBLEIN (continued ) : Board of Health if it was higher? MR . WIGGIN : No , they have no objection to that . MR. LIEBLEIN : As long as it ' s. h'igh enough to contain and : that it meets their requirements , 'and i:f you*_folks , just because we want to make it a__ 1 i ttl e safer-.,- 'do--- t_hi s ,. I would be happy t.o talk with Bob at any time--you know that , Bob.,__ Other than a Saturday and a Sunday. If' you come down Saturday , come early . CHAIRMAN : The last pitfall question , and that is , how far from the bulkhead or whatever we want to call this retaining wall that you ' re building now--could you do itan_ d still pump the fuel and keep the p..i pes.__ above. the__ ground? r MR. LIEBLEIN : I mean we could move back a couple of feet and it wouldn ' t. make all that much _difference . If you. loo_k .at that and what happens., we ' ve got an .island of boa.ts• that comes down and we kind of drive around--people come in with a trailer and unload them and drive right around . We drive down with the fo.lklift to set . boats down for winter storage . And there ' s a _lot of traffic through there . Well , 'if you started moving it over and you ' re trying to move through- with the crane and the boat hanging in the sling crossways or a forklift with a boat crossways , the further back you come , you_' re go.ing to have less boats at the other side . I mean , 'it i_sn ' t. critical . Another two or three feet would not make that much difference . The only ting is , then you ' re moving . the pumps back and' you ' re going to have a longer hose and you.' ve got to squint a little harder how many--am I $30 even, •or whatever . .It ' s an insurmountable problem. And i.f that ' s. what it took , then we would move it back two or three feet. MR. WIGGIN : The N.FPA recommended 20 feet from the hose to the dispensing pumps , and we ' re going somewhat beyond that because as you can see in the document, they say , take care of the _ rise and fall of tide and the floating dock , if you add another section of hose to it to provide that , i_t st.i,ll makes you kind of ( ) of the tanks and the pump integrated . MR . LIEBLEIN : If we put it in with the 13 feet from the front where that column is now , which marks as far as I ' m concerned-- that ' s like a bulkhead almost , from there back it ' s 13 feet to the concrete enclosure . The ta.nks , the pumps would be in front Page 20 - dune 19 , 1986 Transcri pt_..._bf Pu_bl i_c. Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR.. . LIEBLEIN (continued ) : of that and they ' re probably about two or three feet closer to the water , which means it woul.d .be 10 feet from where the pump--the hose is attached to the pump to the bulkhead , 8 feet out , and another 5 feet , which comes out to 23 feet . Now if you ' ve got a hose 23 feet long , you can ' t pump gas . If you have a hose that ' s 25 feet , you got to get that boat .exactly right , so that' you can get .the pump right in there--an u d if' yo ' ve got two boats _gassing ._up at th- e same time, and you `ve got two pumps pumping , obviously the two pumps are next to one another u:n..less they' re both filling in from the stern , there ' s. no way. ' So y_ou ' re going . to.'wind __up with about 25 or 26 feet of .hose already. If' you move the whole thing back further, At won ' t happen--it.' 11 be . worse than that. Now another possibility would._ be , I don ' t know whether this requires complete redesign by the Board of Health , but if you moved it back and brought the tanks out above ground and moved this { enclosure back three feet but left the pumps a little closer . and. had three feet of, exposed _.pi_pe , whether they would _say that ' s ok-- I don ' t know the answer to that question . I don ' t care if the hoses are a little bit longer myself.. CHAIRMAN : Well , we ' ll come down and look at it , Bill , know that you ' ve got everythin..g. .a.11 done , and we.'.11 do the best we possibly can for you . It:, wasn ' t" that we didn ' t understand it before--it ' s just we .were trying to protect everybody to be honest with you . MR. LIEBLEIN : And I 'm sure even if I h'ad been here , the same thing would have happened , and questions_ would not have come up. We want to .provide a good facility. We want to work with the Town . We want them to be safe . We don ' t. want to get k.i.11ed either . . Nobody-..wants to be killed . ' We want to make it as safe an operation as possible . I will mention that . if I take a d'ay off,. Tuesday is 'my Sunday. Other than that, 'I ' m there unless I 'm_ out bringing a boat into town for something . Bob , areyouu saying that you.- can come down this Saturday morning? -MEMBER DOUGLASS : Yes . I ' ll come down . And if Jerry can come down-- MR. LIEBLEIN : I ' ll definitely be there all day Saturday . ' I mean , I ' m there every day , but I ' ll. definitely _be there on Saturday or Sunday . Occasionally I ' ll come into town and pick something up , you know . I would hate to have you guys come down and then we don ' t get together . If it ' s a situation where if you ' re coming Page 21 - June 19 ' 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR . LIEBLEIN . (continued ) : down , you give me a call and say , be sure and be there-- I ' m going to be down at lunch time today or 11 :00 , I ' ll make myself available . CHAIRMAN : Why don ' t you go down , Bob , and then I ' ll go down myself , and then we can compare notes , all right . If you can. make it down Saturday morning , try to make i.t_. down as B.i.l.l say early . ,MR . LIEBLEIN : The only reason I say that is the-- MEMBER DOUGLASS : Well it must get very busy after a certain hour. MR . LIEBLEIN : After about 9 : 30 or. 10 :00 , it gets a little hectic. I ' ll just tell the customer I' v. got to ' t.alk to you. { MEMBER DOUGLASS : I can get there at 9: 00 .. MR . LIEBLEIN : That ' s. super . I appreciate your putting us right back on right away . MR. WIGGIN : We enter the same comments simultaneously for both the variance and the special exception ., We wAitedhfor . tfie . variance assuming that that..' s where the primary concern will come . CHAIRMAN : We opened both at the same time . MR. LIEBLEIN gave the board a copy of the regulation previously disc.ussed to Member Douglass . CHAIRMAN : Thank you . Nice seeing you , gentlemen . Hearing no further , I ' ll make a motion closing the hearing . MEMBER DOUGLASS : Can I ask--maybe tomorrow , just out of curiousity , give the Board of Health a ca.11_. and ask them about your recent -discussion, - MR . LIEBLEIN : Move them back a little bit and having them above ground where we don ' t have to drive over it . MEMBER DOUGLASS : Yes . I think probably the regulations will be entirely different where you don ' t have to put transportation over the top of it . Page 2 .2 - June 19,, 1986 Transcript of Public Hearings Southold Town .Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) - MR. WIGGIN : I think I can answer that , Bob. Their concern was to separate where there ' s transportation and put an underground fuel line between the dispensing pump and the tanks . If there was a few feet separation between -the retaining wall and the dispensing pump , I ' m certain that this would not require any reapplication . _ . MEMBER DOUGLASS : Thank you . MR'. LIEBLEIN : I was about to s'ay that in .all things like this , I was thinking about it with this couple ahead of me , that when you get a lot of heads together you . some_times come up with a solution that ' s better than any one individual would come up with . The thought that just occurred to me i.s m'aybe__ we should build up right at the top of the bulkhead with the dispensing pumps right out where that column is now, above ground or whateve.r , and that way the hose will be shorter , but th_e other pipe will be a -- J we ' ll work on it . Talk to you Saturday , Bob_. Thanks . CHAIRMAN : I ' ll make "'a motion closing the hearing and reserving decision . _ MEMBER GRIGONIS : Seconded . This resolution was duly carried to conclude the hearing , reserving decision until a later date . Respectfully submitted , Linda F. Kowalski , Secretary Southol.d Town Board of Appeals (See additional pages of transcript on other hearing[s] .' also attached . ) Southold Town Board of.. Appeals =15- April. 3 , 1986 Public Hearings (Appeal No . 3476 . - WISSMAN hearing , continued : ) MRS .. MOORE : Ok , thank you . And thank you very much . SECRETARY : You ' re very welcome . CHAIRMAN : Is there anybody else to speak in favor of the application? Anybody wish to speak against the application? Ques- tions from board. members? (None ) Ok . I ' ll make a motion closing the hearing and p.ending the receipt of any building permits from the Building Department concerning the nature of the activity on this lot or any lot in .the area concerning storage building and sleeping quarters . . MEMBER DOUGLASS :: . Second. Resolution was duly .carried . PUBLIC HEARING : 8 : 20 p .m. Appeal No . 3481 . PORT OF EGYPT ENTERPRISES , .INC . Special Exception to install /relocate marine fuel storage tanks in this "C-Light" Zone . 6230 Main Road , Southold . The Chairman read the application and notice of this hearing in its entirety for the record . CHAIRMAN : I have -a map of the entire area dated April 19 , 1985 indicating in deep blue or pencilled in deep blue the area.-in ques- tion , which is the approximate location of these storage tanks . And I have a copy of the Suffolk County Tax Map . indicating this and surrounding properties in the area . Would you like to be heard again , sir? : . MERLON WIGGIN : Thank you . I ' m Merlon Wiggin , representing the Port of Egypt Enterprises . Article XII' of the Suffolk County Health Code requires that all fuel tanks be diked , have wall separators , and have special piping , ...alarms , and for protection . These are existing tanks , 2-2 ,000 gallon gasoline tanks ; and one 1 ,000 diesel tank. They ' ve been in existence for a long time .- They are not presently in compliance with the Suffolk County Health Code . This installation will put them in compliance with the Suffolk County Health Codes , and in the process relocated and diked , and all of the things required to be installed . The tanks have been inspected and approved by the Suffolk County Health Department . The construction has been approved by the Suffolk County Health Department . The Planning Board has approved. the relocation subject to Board of Appeals . The D . E . C . has approved permits-- I think , Linda , you Southold Town. Board of Appeals -16- April 3 , 1986 Public Hearings- (Appeal No . 3471 - PORT OF EGYPT ENTERPRISES hearing , continued : ) MR . WIGGIN (cont.inued ) : may not have a copy of this . (Mr . Wiggin gave Secretary copy of D . E . C . permit for the record . ) SECRETARY : Thank you . MR. WIGGIN : And this has been a fairly long , involved process , and the owner is anxious to get going for two reasons . One he wants to be sure the tanks are installed correctly , and of course this is part of his livelihood as far as the marina is concerned , and we ' d all feel bad if he had a spill while waiting for the construction . He indicated that he going to proceed immediately upon the receipt of the Building Permit . CHAIRMAN : Where are the tanks presently , sir? MR. WIGGIN : They are now presently to the east of the --what used to be the Port of Egypt Fishing Station where they kept the small boats , right next to that shack there , near the Fishing Station , and now being located on higher ground , which is one of the Health Department recommendations on the west side of that same entrance . CHAIRMAN : Are these tanks fiberglass in nature? ~ MR . WIGGIN : No . They are steel . CHAIRMAN : They ' re steel . Is there any specific reason why I ' ll refer to you as the applicant because you signed the. applica- tion , why you chose to put them so close to the tidal water? MR . WIGGIN : Actually , they have to be within a reasonable distance in order to get the hoses to the boats . There ' s a dock there where you pull up --the fuel dock to put the fuel in . Also , it ' s on that pennisula of land--you notice there ' s water on both sides . We, want to locate it approximately in the center of that . CHAIRMAN : There are pumps associated with these tanks , is that correct? MR. WIGGIN : That ' s correct . CHAIRMAN : How far can those pumps pump? Couldn ' t they pump to a central pumping field rather than-- I mean , how far back could we actually place these so that we wouldn ' t construe them within t7 Southold Town Board of Appeals -177 April 3 , 1986 Public Hearings (Appeal No . 3471. .- PORT OF EGYPT ENTERPRISES hearing , continued : ) CHAIRMAN (continued ) : the danger of the environment? MR. WIGGIN : The pump could take suction from the- ta.nks them- selves . Just like an in-ring , they have their fuel . pumps . . Attached to those are approximately 100 ' of fill -line hose that goes to - the fuel dock . There would be a limited distance you could take as far as the suction of the pump as far as the elevation is concerned . You probably could go further away , but it wouldn' t I think help that much . The main protection is the concrete dike of the tanks themselves . This is a primary ; requirement of the Health Depart- ment , no matter where it' s located , whether it ' s next to. the water, or whether it ' s 100 ' away. And the dike is sized to contain 110 % of the largest tanks . And the construction , reinforced concrete , has all coating on the inside and the two construction draw- ings have separators to make sure any movement of the concrete doesn ' t allow a leak to take place . That ' s all part of the Health Department . requirements . CHAIRMAN : You don ' t have any idea how far they could. actually be placed back then and still then be functional ? MR. WIGGIN : No , you could go probably another 50 to 7.5 feet . CHAIRMAN : And presently they ' re how close to the water--it doesn ' t specifically indicate . MR. WIGGIN : They ' re . approximately I would say 30 to 40 feet . CHAIRMAN : I think it ' s a little less than that . MEMBER DOUGLASS : Ten feet . CHAIRMAN : The picture that we have indicates it at approximately 10 feet , and that ' s the reason why I asked you the question . MR . WIGGIN : I - think that 10 feet is to the top of the bank where it slopes away . The bank is four or five to one--if you go down to the water itself, it ' s about another 15-25 feet . CHAIRMAN : Is there anything else you would like to say for this hearing? We asked you in a two-party conversation the other day if you would certify that these walls were , and you just mentioned , that they will withstand or will hold--will they withstand the pressure of the tanks bursting? MR . WIGGIN : That ' s correct . They ' re 110% and of course they Southold Town Board of Appeals -18- April 3 , 1986 Public Hearings (Appeal No . 3471 - PORT OF EGYPT INTERPRISES hearing , continued : ) \ C MR . WIGGIN (continued ) : are designed to take the weight of the tank , and also the tie downs " are designed to take care of the buoyancy in case of a hurricane which would totally flood the area . Also part of the requirements of D . E . C. and the Health Department is hydrogen next to it. so they are always filled with water in the case of emergency . That "s. why that hydrogen is there . CHAIRMAN : What happens if one of the tanks -do burst , then you come in and you take that fluid out of the confined area , is that correct? MR : WIGGIN : That ' s correct . What the D . E . C . and Health. Department have , lists of license-s , people contractors that they ' re required to use in case they have to remove a mixture of the water. and the fuel . CHAIRMAN : I thank you very much , Mr . Wiggin , you ' ve been very helpful . Is there anybody else that would like to speak in favor of this application? Anybody to speak against hte application? Questions from Board Members? (None ) Ok . We are going to illicit an evaluation of this proposed from the Southold Fire Department , and that would be the only letter that we would be receiving once I close this hearing , so I am going to close the hearing sa'bject to the receipt of that particular document and see what there comments are concerni.ng it . Hearing no further comments , I ' ll make a motion closing the hearing pending receipt of that document . MR . WIGGIN nodded affirmatively . MEMBER DOUGLASS : Second . This resolution was duly carried to conclude the hearing following receipt of that Fire Department documentation . CHAIRMAN : Thank you for coming in . APPEALS BOARD MEMBERS e, 7 ;r� SCOTT L. HARRIS �Ui qa's Gerard P. Goehringer, Chairman �� 4 �. Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. i'{ -tt 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 May 29, 1990 Mr. . Merlon Wiggins Peconic Associates - 1 Bootleg Alley - P.O. Box 672 Greenport, NY 11944 Re: Appl. No. 3770 - PORT OF EGYPT (Variance) Dear Mr. Wiggins: Transmitted for your records is a copy of .the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office County Planning ? F. M. Flynn •COUNTY OF SUFFOLK low .. PATRICK G. HALPIN JUL 2 31990 SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING DIRECTOR OF PLANNING 360-5206 July 19, 1990 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County ,Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Port of Egypt Enterprises, Inc. 3770 Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 (516)360-51 92 k :f , APPEALS BOARD MEMBERS SCOTT L. HARRIS � p Su ervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. ®� °,^x� �� 3' Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Pursuant-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 Code , Article XII , Section100-121C-12-2 and Article XXII , Section 100-239D Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit Appeal No - : 3770 : Applicant: Port of Egypt Enterprises , Inc. Location of Affected Land: Main Road , Southold , NY County. Tax Map Item No . : 1000- 56-06- 10 . 1 , 11 , 12 . 2 , 3. 2 , 3. 3 , 4 , 6 . 1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , -Sound 'or Estua-ry) 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 boat, storage . building with insufficient setbacks and excessive lot coverage in a Marine II Zoning District Copies of Town file and related documents enclosed for your review. Dated : July 12 , 1990 Page 6 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May h 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 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 p roperty 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 - D MAR 2 9 inTO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: WILLIAM D. MOORE, ESQ. RE: VARIANCE APPLICATION OF PORT OF EGYPT ENTERPRISES, INC APPEAL NO. 3770 A. AMENDMENT TO APPLICATION FOR VARIANCES TO REDUCE VARIANCES NECESSARY The applicant has decided to reduce the size of the boat storage building proposed in this appeal to eliminate the number of variances necessary. 1. The building will be reduced in length to create the necessary 35 front yard setback required by the Town code. Presently the proposed building would be constructed 22 feet from the frontyard line. 2 . Reduction of the building size as proposed reduces the lot coverage by 1,750 sq. feet (14 ft. reduction in length x 125 width of building) Amended lot coverage computation Total site: 216, 058 sq. ft. (4 .96 acres) Building area existing and proposed: Before reduction: 66,498 Proposed reduction - 1,725 Total building area 64,773 Permitted lot coverage 30 Proposed lot coverage 129.97% Comments raised during the hearings questioned the actual area of the site which is the subject of this application. Certified copies of deeds have been submitted previously indicating that Port of Egypt Enterprises, Inc. is the owner of the subject premises which are held in single and separate ownership from surrounding properties. The lands underwater in the boat basins have not and have never been included in the site area figures. The . computations are of upland ownership only. The application before the board relates to this single piece of property and as such does not generate questions or issues of "segmentation" under the State Environmental Quality Review Act (SEQRA) Comment was also made suggesting that the boat washing pad to be located between the proposed building and the boat basin constitutes a structure and as such must be included in computation of lot coverage. This clearly is not so. The pad is a concrete slab placed on grade and as such does not constitute a "building" as this term is defined in the Southold Town Code. Therefore the pad is not calculated 'in the lot coverage requirements. (See section 100-13 definition of building) B. VARIANCES NECESSARY 1. SIDE YARD: Code requires 25 feet Proposed 15 feet At the request and recommendation of the Southold Town Planning Board, the proposed boat storage building should be located 15 feet from the easterly property line. Although this layout leads to encroachment of the required side yard, the parking layout and traffic flow is more acceptable. If the proposed building were located at the required 25 foot sideyard setback, parking and access along. the west side of the building would be lost and the parking layout and traffic flow would not satisfy the recommendations of the Planning Board. The unique nature of the use of the proposed building requires the width of 125 feet to permit the dry stack operation to function (boats are stacked on each side of building with a ' center aisle for access for stacking and removing the boats) The building cannot be reduced any further in width so as to comply with the side yard requirement and still function in the manner intended. This operation has been described at length during the public hearing by the applicant and his consultant and has been described in the materials previously submitted to the board. 2 . DISTANCE FROM BULKHEAD (SECTION 100-239.4) Code requires 75 feet Proposed 40 feet The code requires that all buildings behind bulkheads be set back 75 feet from the bulkhead. This is a general requirement made without regard to the zoning designation of the property involved. [It should be noted that the rear yard setback in the Marine II zoning district is only 25 feet. The rear yard of most, if not all marinas abuts an inlet, creek, or bay, that being the nature of the use. ] The proposed dry rack storage facility is designed to operate in close proximity to the marina basin. The proposed structure and its use are unique to the marina operation. Regardless of the size of the building, the proposed building becomes less functional if the building must be located 75 feet from the bulkhead. The intended purpose of the building is to simplify the launching of 2 the boats from dry storage to the marina basin. This is best accomplished by minimizing the distance the fork lift must go from the storage rack to the water while providing adequate room for maneuvering between the boat basin and the storage building. As proposed it will be located 40 feet behind the existing bulkhead which separates and protects the proposed building and upland from the man-made boat basin. All drainage will be retained on site as previously detailed in the drainage plans submitted. C. COMMENTS RE: PARKING Parking Requirements Spaces Existing Marina (boat slips 122) 122 Existing dry storage (80 boats) 80 Employees (24) 24 Restaurant 43 Proposed boat storage (152 boats) 152 TOTAL REQ. PARKING SPACES 421 ------------------------------------------------ _ Existing on-site parking 188 Parking north of Rt. 25 (property owned by Port of Egypt Enterprises, Inc. ) 110 Pallet parking in proposed boat storage building* 152 TOTAL AVAILABLE PARKING 450 (exceeds req'd. parking by 29 spaces) * The proposed boat storage building is designed in a fashion that will enable Port of Egypt to replace any boat removed from a storage rack with the boat owner's car. The car will be placed in the storage rack from which the boat has been removed. Thus the boat storage building provides 1 : 1 parking within the building itself. NOTE: The Southold Town Board is presently considering amendments to the marina parking requirements which, if enacted in present form, would. greatly reduce the existing parking requirements set forth in the Town Code. A copy of the proposed amendment is attached hereto. It has been shown that the code's requirements were unnecessary as actual demand for parking never reached levels required by the code. D. GENERAL COMMENTS RE: PROPOSED DRY RACK STORAGE Use of dry rack 'storage reduces the number ,of boats docked or moored in the water on a full time basis (whether seasonal or year round) . 3 --Rack storage reduces discharge of bilge pumps as boats do not remain in the water subject to rain and the elements which are discharged into the bay by bilge pumps of in-water boats. --Dry rack storage eliminates or reduces the need for boat bottom paint, a source of concern re: marine pollution. --The need for additional boat slips and the potential for degradation of additional wetland areas for creation of such slips is reduced greatly. --Increasing the number of boats stored inside during the winter reduces the amount of plastic "shrink wrap" used to protect boats from the elements which are stored outside. The reduced amount of plastic conserves valuable resources and reduces the amount of plastic in the waste stream when the plastic is disgarded each spring. 4 " r LOCAL LAW , 1990 A Local Law in Relation to Zoning. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-191 (A) is hereby amended to read as follows: Required Number Type of Use of Parking Spaces Marina 1 space per 4 dry racks, 1 space per 2 boats slips, mooring or dock space, plus 1 space per employee. II. This Local Law shall take effect upon its filing with the Secretary of State. D MOORE & MOORE 2 9 i6Q Attorneys at Law i Clause Commons Suite 3 Main Road P.O. Box 23 Mattituck,New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary March 29, 1990 Southold Town Zoning Board of Appeals Southold Town Hall Main Rd. Southold, NY 11971 BY HAND RE: APPEAL # 3770 (PORT OF EGYPT) Dear Chairman Goehringer and Members of the Board: Enclosed please find a memorandum to you with respect to the above appeal for inclusion in the record at the continued public hearing being held this evening. After extensive discussion with the applicant, he has decided to reduce the size of the proposed boat storage building to the degree necessary to comply with the front yard setback in the M II zone. Such a reduction will also reduce the lot coverage to below the permitted 30 percent. Thus he no longer needs a front yard or lot coverage variance. The. only variances being requested are for insufficient side yard and for distance from the boat storage building to the boat basin bulkhead. The enclosed memorandum addresses these changes in greater detail and responds to the comments raised in the earlier hearings. I have provided this information to you in memorandum form to reduce the time necessary to conduct the public hearing this evening. Very truly yours WW11 iWil i D. ooze WDM/mr Encl . 1� PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 M E M O R A N D U M F O R T H E R E C O R D TO: Southold Town Planning Board FROM: Merlon E. Wiggin SUBJECT: Port of, Egypt Marine Boat Storage Building DATE : May 23, 1989 Following is the reconstructed chronological order of the events to date for the above referenced project : November 20 , 1987 - - Submitted project preliminary layout to Ms . Scopaz. November 25 , 1987 - - Met with Ms . Scopaz to discuss Preliminary Layout previously submitted . Discussion included parking requirements and the expectation that the Planning Board would request Lead Agency . February 2 , 1988 - - Written comments provided by Ms . Scopaz on the November 25 , 1987 meeting . February , , March , April , 1988 - - - - - Verbal disucssions on the February 2 , 1988 letter as it contained requirements directly contrary to meeting of November 25 , 1987 , such as Flood Zone and fuel storage . May 10 , 1988 - - Long Environmental Assessment Form ( SEQRA Application ) sub itted to Planning Board along wiTh revised Site- Plan . NOTE: Environmental Conservation Law states that as early as possible the responsible agencies shall make an initial determination and within twenty (20 ) calendar days a determination of significance (unlisted action . ) May 10 , 1988 - - - - Federal Consistency Assessment Form submitted to New York State. August 1 , 1988 - - - Application submittal made to N. Y. S. , -' D. E.C. August 3 , 1988 - - - Variance Application with Environmental Assessment Form submitted to Zoning Board of Appeals . August 3 , 1988 - -- - Application submitted to Board of Trustees . September 14 , 1988 - Trustees notified Planning Board that they have no objection to Planning Board assuming Lead Agency status . September 26 , 1988 - Zoning Board of Appeals notified Planning Board that they have no objection to Planning Board assuming Lead Agency status . September 26 , 1988 - Plans resubmitted . November 2 , 1988 - - Minor revisions requested by D. E.C. November 11 , 1988 - - Revisions made and forwarded to D. E.C. November 28 , . 1988 - - D. E.C. Permit issued . January 17 , 1989 - - Planning Board retransmitted requirements of February 2 , 1988. ( Submittal of September 26 , 1988 and site plan revisions of November 8, 1988 requested by D. E. C. apparently were lost .) February 22 , 1989 - - Planning Board again requested resubmittion of Site Plan . February 24 , 1989 - - Planning Board provided with background information and record of actions to date to facilitate their review. February 27 , 1989 - - Site plans of September 26 , 1988 and November 8 , 1988 resubmitted as requested (third submittal ) . March 24 , 1989 - - - Planning Board requested revision of Site Plant in accordance with new. Zoning Code . April 17 ,, 1989 - - Site Pans revised and resubmitted in accordance with , the new Zoning Code... 2 .- May 11 , 1989 - - - - Letter from Moore & Moore to Town Attorney requesting review of the Planning Board SEQRA procedures , with , specific reference to statements that the Planning Board would not proceed with SEQRA until Site Plan approval . May 15 , 1989 - - - - Planning Board issued notification of assuming Lead Agency status . �:w,4-nt"�f .,way.. ,.�...: '.: ..,:-�•. .. '.. � .. 1 5 ..?iv:, ,. ., � ., �r aN - - ,,.1t�.�d •�-�'A1 A07.►I'I✓I'A,�.�j3/,�fi/rc>1!d Q T�� 7 ��,�/ — Vv J. 72'1) w9ff411plw 9or � ,fiOfi.,✓ r/ �.�ary�-�t.T�/ /,�r��rv�r•1v� �v'�� ✓O J�.� jj.IO/1 ��of r✓�/�t �b7�Al4tl . _ t7 iy f-7 r Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, N.Y. 11971 March 26, 1990 Dear Members of the Board, Our attorney, Mr. William Moore, has responded in writing to the ques- tions raised during the past four hearings. I would like to take this op- portunity to state Port of Egypt's position in my own words. The successful operation of a full service marina depends on being located on the water, having qualified personnel, and having a modern fac- ility in which to work. The dilemma of all marinas in our area is how to keep our personnel gainfully employed during the winter storage season. Port of Egypt's present economic hardship stems from the fact that during December, January, and February we operate at a loss. During this period the income generated by storage, sales, and service has always been exceeded by expenses, primarily salaries, health, and general insurance. We have been raising our rates to keep up with these rising costs, but there is a limit as to how much you can go before you price yourself out of business. Lately the rise in cost of general and health insurance has risen at a rate far in excess of the inflation rate. For example, health insurance that cost $6,000 a month just two years ago is now $12,000 a month. General insurance that cost $50,000 per year just 5 years ago is now $100,000 a year. As these and other costs go up, it becomes increasingly difficult to cover the losses in the winter months with the income from the other nine months of the year. We presently employ 26 people, 19 of whom are supporting families. Laying off these people and asking them to subsist on unemployment is not an acceptable solution. We count of these people all year and we must be able to provide sufficient work for them to keep them employed. As Mr. Moore has told you, we have reduced the size of our building so as to eliminate the need for a variance for lot coverage or front yard setback. This change has been made in a spirit of compromise and to reduce the complexity of the factors this board must consider before making its decision. As one of many small businessmen struggling to survive in this town I ask that you consider the facts before you, and make your decision as expeditiously as possible. Sincerely yours, William H. Lleblein Port of Egypt Marine Inc. . 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" . ,.; ""' q,� N- _ .. t ." ", -I"I �,: i I , , ,"I . p t. I I i , ,, .., �:�i % .1 ,4 4 1, I 11.- . "I,, .I� , , I , , �I ,�, -,'.;"1 I,� !, I � . � .1-".;,... " . .r..I I I, ** "' , , f , , . ,'A.",r.I......f , .1 , .. Vi 4;�, �v -_,: ."1, :!, t�:..I; , I .. , i ,� .. . I . ,;. " ".- ,i t , p," .,:,:.;I I:,t� . .I I �j, '; ., , ,:,,!r,, , ,�, . � J�Sl ,,4 , , , �,,I , I. I ,j ,11 . I d;� %),: I , I ,� � ,I ,'I , � � � I , , � - , r . I�� . , zil I`I" , � L_j,_'JY.._I'. , .t; , , � ; :� - -ALL.I.'_JWq. �, I!",i�� , , A � ,�,��" ;i, 4., L11-111 �11 I Il" � 5,��,, 0 : , J .2- . .A I.11 ,]�, , i x .1 1 1 1 . �'' - - , ,�,? �, , _ , , , . 0 � !; � �. .i -, ..i,�;',j I�,:,1. _:i",_.L If a , �1�)'llll ,I fl, i : , -"-L__ _�i .1 IA_`�llll i� I � "IL L I I I ..:# I I .� 4 . . . �, I F. M. Flynn P. 0. Box 144 (� Southold, N. Y. 11971 February 4, 1990 Southold Town Board of Appeals Southold Town Hall Main Road Southold, N. Y. 11971 Att: Mr. Gerald Goehringer Re: Port of Egypt Application for Variances Sirs: I am still smoldering at the aspersions cast upon my integrity and professional_:, competence by Mr. Moore at the Board hearing on the captioned matter on February 1 st. , 1990. It may be that he has not had much exposure to either. I remain quite prepared to submit both to a court determaination, shoud it prove necessary. Were you to inquire, I have long since demonstrated a certain proficiency in that arena. As to tha accuracy of my land area calculations, they are derived from the applicant's own statements and I further calculated them from Mr. Vav Tuyl's survey. There was a slight difference which, you may recall, I attributed to the possible exclusion of the second basin. As a matter of interest, exclusions seem to permeate this application. In any event, I employed Mr. Van Tuyl's land area calculations in the computations I submitted to the Board in my letter of January 31 , 1990. I did not, of course, include the applicant's desperate attempt to include underwater land as "Buildable Land." The building area calculations,if indeed they were Mr. Van Tuyl's, certaainly could not have included all the buidings/structures on the property. If you were to check the buildings indicated on Mr. Van Tuyls's survey, submitted to the Board along with the application, against the Town Codee's definition of buildings, your calculations cannot differ significantly from mine,,for scaleing. t The basic question is were all the buildings, including those to b e retained, included? In view of all the misinformation provided in this application, the facts should be self-evident. As for Mr. Moore's remark about my being deep in left field, I prefer to play my #posistion deep so that I can charge the fouls that cross the line. In further support of my contentions, I enclose a clipping from SUNDAY NEWSDAY, February 4,1990. concerning a diastrous fire at a boat storage facility. I would suggest you check with the Association of Fire Chiefs about he fregAency and consequences of such fires. This, along withother provisions therein, only serves to demonstrate the sheer idiocy of the Town hoard's Master Plan ( dominated-by the marina lobby) in locating these hazards in residential areas. The Board, would be well advised to consider the perils to the public welfare in your deliberations concerning the Mat - a - Mar marina and other such projects. F. M. Flynn yY 47/ �v ZRIC ■t ks w b wa OIL �avi rr f ,: x a '' R � gg ti•.` �. F' ' ) 5 -r Firefighters gather earl y by IMI J.Ambs y yesterda as flames engulf showroom of Sterling Marine Corp, 9 1::�§' 'r• v 1""s of o Boats Destr o ed v t bborn ., Lindenhurst Fire "Ara fo 'fue `uizctuatedb losions early Firefi hters concerned about toxic smoke from day estroy, a n en urst oat store, melted doz- burning fiberglass as a rest sots o ens of veesels:worto more than$1 million into fiberg- homes o .,A�„a Q near lass pogl and Left four families homeless fire officials Drouin said. After several hours, those familmiesli�e, said. rncd to d. The cause of the blaze, which began about 2 a.m., tuThe fire their estroyed bouts 35 power boats at the burned for almost nine hours and sent'up a thick Sterling Marine Corp,at 185 W.Montauk Hwy.Tom column of black smoke visible for miles, was under Kehl, 25, an employee of Sterling and brother of the investigation by the Suffolk County Police Depart-'- owner,Joe Kehl,estimated the damage to the unsold ment's Arson Squad. boats alone at more than $1 million. Witnesses said The blaze "traveled so fast that I thought they several boats,prop ed up on racks outside the store's should have a look,"said Chief Alfred Drouin of the s owroom,ex)o e wen amea,eac�, ,�+�, Lindenhurst Fire Department. -More than 200 volunteers from four de The residents of four apartments in a wood-frame — men urst, o is —7-'- building.housing�astnf+ho ho.}e+ �, North Lindenhurst ped nin- Wes a p gue, and jured,Drouin said.But the building was destroyd. y on a e e a' —William B.Falk BROWERS WOODS ASSOCIATION, INC. February 1, 1990 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Attention: Mr. Gerald P. Goehringer, Chairman Re: Port of Egypt Variance Request Dear Mr. Goehringer: On January 27, 1990 at a meeting of the Board of Directors of the Browers Woods Association there was consideration of the Port of Egypt's variance application presently pending before . the ZBA. The Board of Directors resolved that the Browers Woods Association oppose the application and communicate the Association's opposition to the variance application to the ZBA. The Association's opposition is based not only on our concern that granting a variance to Port of Egypt will be used as precedent for future variance requests by marinas on Mattituck Inlet, and particularly Matt-A-Mar, but also our opposition stems from our concern as to the effect granting a variance of this nature will have on Southold and the surrounding waters. The intent of this correspondence is to indicate the main reasons for our opposition, not to set forth a detailed point by point opposition to the application. Although we have not been present at every hearing on this variance application our review of the ZBA file reveals there is lacking legally sufficient hardship. The hardship section of Port of Egypt's variance application, sworn to. August 3, 1988, refers to efficient parking, efficient movement of boats and difficulty in maneuvering machinery. 1 These assertions do not rise to the level of hardship required by law as we understand it. In any case, there would not be any difficulty in the maneuvering of machinery or inefficient parking, if the proposed variance was not granted. Apparently, it is the placement of the proposed building in accordance with the Code that would In this allegesense dly cause the inefficisnself and createddifficulty- he alleged hardship Port of Egypt asserts in its application that the property is unique in that the facility is the only type in the immediate vicinity. if one considers the "vicinity" as i the Town of Southold, it is obvious that neither Port of Egypt's facility nor its desire building pr un�pqueed building at variance with the Zn q Our greatest objection to the application is that it fails to address the parking issue. Your file contains a memo dated September 26, 1988 from the ZBA to the Planning Board suggesting a determination as to the sufficiency of parking spaces for multiple uses. A letter in your file dated March 24 , 1989 from the Planning Board to ousesonicmus be Associates indicates that parking for prop osedin accordance with the new Code. Without going into calculations as to the Code required parking, suffice it to the application before the ZBA appears to be lacking in say this respect. Further, it is not the osubject lof this exactly how much acreage is supposedly application. Browers Woods is close to a marina which, like Port of Egypt, has a vastly increased capacity for boat storage due to technological advances and machinery improvements. We are referring here to the stacking capabilities of marinas which requires that our governmental boards zealousl " guard the parking requirements of the Zoning Code. The increase in parking and traffic may not occur for years after approval of an increase in marina capacity. By protecting the parking requirements and denying the application the ZBA will be guarding against further industrial/commercial encroachment into the residential neighborhoods of the people the Zoning Code was designed to protect. BROWER WOODS ASSOCIATES, INC. 7 BY:`-�7 FRED R GA SCHI, PRESIDENT browpteg76 Town Hall, 53095 Main Road O �. P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. Chairman DATE: February 1, 1990 RE: Port of Egypt SCTM# 1000-56-6-6. 1 The following is in response to your request of January 29, 1990 for comments on Appeal No. 3770 Port of Egypt. The Planning Board has asked the Town Engineer to review the drainage calculations in light of test hole data recently submitted by the applicant. (See attached report) . The Board is also trying to clarify the Trustee' s position. relative to 1) . the possible discharge of roof and wash down waste water into the bay and to 2) . the need for a Trustee permit for same. (See attached correspondence) . Until these issues are resolved the Planning Board suggests that the hearing be kept open inasmuch as additional information may arise out of these coordination efforts. r cc: John Bredemeyer III, President Board of Trustees Encl. r F. M. Flynn P. 0: Box 144 Southold, N. Y. 11971 Southold Town Board of Appeals January 31 , 1990 Town Hall Southold, N. Y. 11971 By Hand Re; Port of Egypt Application for Variances I have been informed by what I believe to be a reliable source that the subject applicant is scurrying about in a foredoomed attempt to i to revise his application by attempting to esablish single and seperate ownership, regardless of beneficial interest, as a means of reducing the CD total acreage purportedly in his ownership/control. He also appears to be attempting to include underwaterland as part of his "Buildable Land". If this be the case, this transparent stratagem simply will not wash. The applicant in his previous submissions to State and Town agencies, has claimed the total property to encompass seven (7) acres. In his subsequent letter of November 8, 1989 to the Board, he has revised this area downward, for obvious reasons, to 216,058 sq. ft. , or 4.96 acres. Clearly, all of the agencies concerned would then be misinformed as to the size of the property and the impact of a project of the proposed size and scope , along with its collateral uses, on an area reduced 30% in size. In addition, public hearings were held on an application which then must be held moot. Further, these hearings elicited none of the legal proof required of an applicant seeking relief by means of variances. Were such alleged proof to be proffered, the public, of course, must be offered the opportunity to scrutinize and quesion it. In short, any action by the Board on such a revised application would be illegal. Any such revision would require a reinitiation of the application process and the submission of incontravertible proof in support of the revised application. 1 f If, in further defiance of the application process, and concurrent with with such revision, the applicant were to attempt to introduce additional parking spaces on the northerly side of Route 25, such an action would only serve to further impeach the subject application. The property plan submitted by the applicant provided for the 145 parking spaces be; �vhjck contrary to Code requirements, he deemed arbitrarily to be sufficient for the enlarged marina's use. Even this planning incorporates some spaces which encroach on State land and some with setbacks of only 2 to 5 feet. Not only does this represent an outrageous reduction of 241 spaces from the 386 spaces required by the Code, but no provision for additional spaces was incorporated in the plan submittted. Even were the provision of the required additional parking spaces posible (which is not the case) such planning would be required as part of the application submited and would precipitate unanswered quetions of health, saety and welfare over 5 and above those raised by the original application. Even were a new application submitted, the applicant's property on the northerly side of Route 25 is not sufficient in area to make up for the shortfall of 241 parking spaces. A revised application incorporating this additional area would still lack 155 spaces, or an area of 1 .25 acres. Not only would this revisionist tactic entail submitting an entirely new application to the SEQRA process, and the attendant public review, but he property is, and would be, nonconforming in either its present or proposed state. Proof of this contention will be presented infra. Further, such a revised scheme would have no appreciable effect on reducing its monstrous demands. It is the transparent intent of the applicant to reduce the seven acres stated in his application as being in his owmership/control by the 240,000 sq. ft. that the Code requires for a motel site. Toward that end he now proposes to reduce the area claimed to be in his ownership/ control to 216,058 sq. ft. , or 4.96 acres. This upland area calculation was purportedly made by Van Tuyl Surveyors, but an explanation of the areas included, or excluded, is lacking. (2) While I don't concede the legality of such a reduction in land area, particularly in view of my above comments and previously expreesed objections tto the Board, and my own calculations indicate a smaller parcel, I shall utilize the applicant's revised land area calculation solely for the purpose of demonstrating that even a reduction in claimed area still results in unconscionable overimprovement and intensity of use. AS for the statement that the "actual area of each building was also, calculated and the total is 66,498 sq. ft. , it is an obvious distortion of the facts, intended to confuse, but easily impeached. No enumeration of the buildings included was provided. If this calculation was actually made by Mr. Van Tuyl, it is probable that he was only asked to compute the areas of certain selected buildings. While the applicant's referenced letter is not specific in this regard, it can be presumed that the 66, 498 sq. ft. figure refers to the total square footage of the completed proposed project. If it refers to existing buildings, it only serves to buttress my arguments. To demolish the applicant's contention, it is obvious that only the major structures( existing and planned) excede in area that contended by the Url,�q"e This is demonstrable as follows: Existing Main Marina Building 27,945 sq. ft. Existing Concrete Slab 6,910 Proposed Main Marina Building 28,210 Proposed Concrete Slab 3,819 Total (Main Buildings Only) 66,865 sq. ft. Excluded from the applicant's building caculations, and for obvious reasons, is the restaurant structure and the 80,000 sq. ft. parcel the Code requires for this use. Were this use included, as it must be, the area available for marina use is reduced to 136,058 sq. ft. of upland. Completely excluded in the applicant's revised submission are all the other bvtlatnvs including those to be retained in whole, orin part. A To anyone interested in objective and impartial analysis, the above should serve as an object lesson in not taking applicant's statements at face value. (3) It should be apparent immediately ythat the subject property is nonconforming at present, and that the proposed expansion would compound and exacerbate the degree of nonconformity. At present there are at least three distict uses on what the applicant submits as a revised property area of 216,058 sq. ft. The are: marina, restaurant and gift shop. The Code requires 80,000 sq. ft. for each such use, or a total of 240,000 sq. ft. Since the total area is claimed to be 216,058 sq. ft. , there is a bulk deficiency in land area of 23,942 sq. ft. , or 0.55 acres. In addition the existing buildings are noncconforming with respect to coverage, setbacks etc. In point of fact, one building even encroaches on State land. The bulk requirements with respect to plot sizes could be met by eliminating one use and, in fact, it is proposed to eliminate the gift shop in the expansion project. This would, however, have no effect on the nonconforming status of the retained structures. The property would then then be made conforming only with respect to required plot sizes for marina and restaurant use. However, sufficient land area is available and 80,000 sq. ft. therof must be allocated for restaurant use. This leaves only 136,058 sq. ft. of even the revised overall area available for marina use. The existing deficiency with respect to bulk area requirements is demonstrable. Total land area available 136,058 sq. ft. Land requirement for existing bldgs. (46185 / .30) 153,950 sq. ft. Deficiency in land area based on bldg. coverage C 17,892 sq. ft.) (continued) (i4) Code Bulk Requirements for Existing Buildings Existing Buildings 46, 185 sq. ft. Parking 82,250 sq. ft. Landscaping 32,109 sq. ft. Total Land Requirement 160,544 sq. ft. Required land area 160,544 sq. ft. Available land area 136,058 sq. ft. Land deficiency as presently improved 24,486 sq. ft. Even were the proposed dmolition of some of the structures factored in,and excluding new construction, remaining existing structures would still excede the permitted coverage for the land available to them as follows: Total land available 136,058 sq. ft. Land requirement for existing bldgs (42785 / .30) (reflecting deml. ) 142,617 sq. ft. ) Deficiency in land area based on bldg. coverage ( 6,559 sq. ft. ) Code Bulk Requirements for Existing Buildings (refecting proposed deml. ) Existing bldgs. refl. deml. 42,783 sq. ft. Parking 79, 100 sq. ft. Landscaping 30,471 sq. ft. Total Land Requirement 152,354 sq. ft. Required land area 152,354 sq. ft. Available land area 136,058 sq. ft. Land deficiency (reflecting proposed deml. ) 16,296 sq. ft. Ordinarily, were it not for the purpose of creating a record, it would seem superfluous to quote from the Town Code with respect to non- conforming uses. Under the circumstances,I would like to call to the Board's attention the following sections of the Code: (5) Section 100 - 13 NONCONFORMING BUILDING OR STRUCTURE (defined) "A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment, to conform to the present district regulatins for any prescribed structure or building requirement, such as front, side or rear yards,building height,building areas or lot coverage, lot area per dwelling unit, dwelling units per building,number of parking and loading spaces,etc. but which is continuously maintained after the effective date of these regulations." (emphasis supplied) Section 100 - 240 Purpose "The purpose of this Article is to reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter, all uses that become nonconforming by reason of any subsequent amendment to this chapter and all buildings containing nonconforming uses." (emphasis supplied) Section 100 - 242 A - Nonconforming buildings with conforming uses. "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." (emphasis supplied) On the basis of the above abstacts from the -Town Code,both the "letter" and "spirit" of the Code dictate denial of these variances. The true magnitude of the "variances" sought by the applicant - aside from diminished setbacks - is revealed by the following computations: Total land available (based on applicant's revision) 136,058 sq. ft. Land requirement for proposed bldgs. (74,275 / .30) 247,583sq. ft. Deficiency in land area based on bldg. coverage 111 ,525 sq. ft. Note that the above computation is based on the applicant's downward revised statement of land in his ownership/control and not on the seven (7) acre area stated in his submissions to State and Town agencies. (6) Again, based on the applicant's arbitrary reduction in preiously submitted land area, the following deficiency is demonstated: Code Bulk Requirements for Proposed Buildings (reflecting deml. ) Proposed buildings 74,275 sq. ft. Parking 135, 100 sq. ft. Landscaping 52,344 sq. ft. Total land requirement 261 ,719 sq. ft. (6.0 Ac. ) Required land area 261 ,719 sq. ft. Available land area (based on applicant's revised area) 136,058 sq. ft. Land deficiency 125,661 sq. ft. (2.9 Ac. ) The above analysis reveals that the applicant's attempt to put his application in a more favorable light by reducing the land area he claims to be in his ownership/control makes no appreciable difference in the enormity of his demands. As previously submitted he would have required 3.6 additional acres to comply with Code requirements for his project. Hiss machinations have reduced this requiement to 2.9 acres. Any way this project is analyzed, it requires 3 to 3.5 acres more than he owns for this project to comply with the Code's bulk requirements. Even on a revised land area basis, the applicant would require twice the area he owns to comply with the Code. To put this application into perspective if the Board were to grant these "variances" it would, among other deviations from Code requirements, make the applicant a gift of the utility of, and hence the value of some three (3) acres of waterfront commercial land. It i Aposible to demonstrate the transparent inaccuracies of the applicant's calculations, and the invalidity of his contentions, witAease. Even if one were to ignore the manifest requirements of the Code, and treat the property as a single property of 216,058 sq. ft. (ignoring the Code requirement to allocate 80,000 sq. ft. to the restaurant) the project would still be nonconforming with respect to Code requirements for bulk, let alone setbacks etc. It would also be defir-cient 1 .5 acres in land area. (7) Total land area available(per applicant) 216,058 sq. ft. Land reqirements (83,000 / .30) 276,667 sq. ft. (incl. restaurant) Deficiency in land area based on bldg coverage 60,609 sq. ft. ) Code Requirements for Proposed Buildings (incl. restaurant) Proposed buildings 83,000 sq. ft. Parking (410 @350) 143,500 sq. ft. Landscaping 567625 sq. ft. Total land requirement 283,125 sq. ft. Required land area 283,125 sq. ft. Available land area 216,058 sq. ft. Land deficiency 67,067 sq. ft. (1 .5 Ac. ) From the above analysis it is obvious that even if (contrary to Code requirements) the applicant's calculations are considered, he would still be nonconforming and deficient 1 .5 acres in land area. Another aspect of this application has received scant attention, but it is one that is a basis for mandatory rejection. This is the obvious Segmentation of the property. The Property Plan submitted analyzes the easterly 82,430 sq. ft. of the property as if it exists in a vacuum, unconnected to the rest of the marina operation. By law, planning must encompass the entirety. The applicant disregards the interrelationship of the entirety and bases planning, bulk coverage estimate, drainage calculations etc. on the arbitrary assumption that is vacant land, uneffected by the existing marina operation. The proposed building area is understated, the drainage computations ignore the other buildings and pavement on the site, and further ignore the fact that planning must include the entire property including its its drainage. With further respect to drainage, contrary to the (8) Town's "zero runoff" requirements, the plan submitted indicates drainage pipes discharging into the basin. An anaysis of the proposed, arbitrarily severed easterly "site area" reveals the following: Total land available (proposed site 82,1430 sq. ft. Land requirement for proposed bldgs (incl.retained) (36,018 / .30) 120,060 sq. ft. Deficiency in land area based on bldg. coverageR 37,630 sq. ft. Code bulk Requirements for Bldgs. Proposed Site (refl. retained bldgs. ) Proposed Bldgs (incl. retained 36,018 sq. ft. Parking (160 @ 350) 56,000 sq. ft. Landscaping 23,005 sq. ft. Total land requiement 115,023 sq. ft. Reqired land area-, 115.023 sq. ft. Available land area 82,430 sq. ft. Land deficiency 32,593 sq. ft. By severing and segmenting the property, the applicant has effectively painted himself into a corner, as the following analysis indicates: Total land area 136,058 sq. ft Proposed land area easterly segmented site 82,430 sq. ft. Land area available for existig marina 53,628 sq. ft. (continued) (9) Land area available for existing marina 53,628 sq. ft. Land requirement for existing bldgs. (38,777 / .30) 129,257 sq. ft. Deficiency in land area based on bldg. coverage 75,629 sq. ft. Code Bulk Requirements Existing Marina Existing Buildings 38,777 sq. ft. Parking (266 @ 350) 93,100 sq. ft. Landscaping 32,969 sq. ft. Total land requirement 164,846 sq. ft. Required land area 164,846 sq. ft. Available land area 53,628 sq. ft. Land deficiency 111 ,218 sq. ft (2.6 Ac) Not only has the applicant acted improperly by arbitrarily apportioning Aot and segmenting the property, but his actions4only serve to underscore the degree of nonconformity resulting therefrom, but also the enormity of the bulk variances sought. The bulk coverage sought on the severed easterly site would be 146% of that permitted by the Code. The arbitrary segmentation of the westerly, existing-hiarina site would be 241% of Code requirements. The land deficiencies, so computed, would be 0.86 acres for the easterly proposed site and 2.6 acres for the existing marina complex.The sum total of land deficciency on this basis woul be 3.46 acres. My recent check of files in the Board's office reveals that the applicant, apparently at the Town Attorney's behest, has computed, or had computed the area of "privately owned bottom land" in his ownership at approximately 1 .4 acres. For this disingenuos statement read "underwater land." This is land that he, or his predecessors in title had dredged to create basins for dockage. It is his apparent intention to use this area as a ploy to increase the area of his "Buildable Land." (10) Such a scheme, if presented, would constitute mindboggling affrontery. It is as if an owner has 100,000 sq. ft. of waterfront property, dredges 70,000 sq. ft. of it, and claims he can use the remaining 30,000 sq. ft. of upland to build a 30,000 sq. ft. building. He would thus be using the underwater created for other purposes as the basis for meeting bulk "Buildable Land" requirements of the Code. The audacity of this contention is further demonstated by an appliant who has dredged such a basin, developed it for commercial purposes, and then proposes to use the same area a second time as the basis for meeting the Code` CD Land" requirements. Fortunately for the Town's residents, the Town Code is explicit in this regard. Section 100 - 13 Buildable Land (defined) "The net area of a lot or parcel after deducting wetlands, streams, ponds, slopes over over fifteen percent ( 15%) , underwater land, easements or other restrictions preventing use of such land for constuction of buildings or development." (emphasis supplied. I need hardly point out that the Town has invoked the provisions of this Section of the Code on numerous past occasions to prevent the use of such land in yield or density calculations. Section 100 - 239 of the Town Code is also apropos and I quote, in part: " - - - For the purpose of computing density for the development of any lot or lots, no land under water , unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies." Both the letter of the law and the spirit of the law proscribe using an area of wetlands and underwater land as the basis for computing building coverage or yield. y prJt e ti�/en This is probably the most outrageously presumptuous A I have seen in the course of many years of analyzing such projects. It completely (11) ignores the provisions of the Southold Town Zoning Code and heaps variance on top of variance in an attempt to completely nullify Code requirements with respect to density and intensity of use, setback requirments, as well as health, safety and welfare and environmental considerations. In short, it is absolutely voracious in its demands. In summary, I submit the Board cannot grant the variances sought for for the following reasons: A) The granting of variances is, by law, to be sparingly exercised in rare circumstances. B) Financial hardship or practical difficulties/unique circumstances must be proved by the applicant. He has not attempted to prove, nor could he prove, either. To prove hardship he would have to prove the property is valueless without the variances sought. Some chance! Any claim of unique circumstances/practical difficulties is easily countered as being the results of his own actions in developing the property. C) Any attept to revise, at this late date, the land area encompassed by the application, or any any attempt at revision including a belated submission of purported proof, would require a complete reapplication to all agencies involved and a subsequent public hearing at which the public could challenge the revised data. D) The "variances" sought are of such a magnitude as to excede the purview of the Board. 14hile the Board is enpowered to modify the strict letter of the law, this application makes a mockery of the law. In addition, the Code enjoins the Board to observe the "spirit" of the Zoning Code. Nothing could violate the spirit of the Code more than the subject application. E) The Negative Impact Declaration which precipitated these hearings was issued without the "hard look" and "reasoned explanation" required by law. No consideration whatsoeverwas given to the manifest health, safety, welfare and environmental problems that the magnitude of this application would certainly precipitate. (12) F) The subject property is nonconforming in its present state and would aa } become all the more unconscionably more so were the "variances" granted. The Town Code states that its purpose is to "reduce or minimize impacts of uses and buildings which do not conform to the use or bulk requirements set forth in this chapter (Zoning) . It goes on to enjoin actions which a "create any new nonconformance or increase the degree of nonconformance. What is actuall sought here is the complete abandonment of the newly adopted Zoning Code and Master Plan. G) Granting these variances is tantamount to making the applicant a gift of the utility of, and, consequently, the value of some 3.5 acres of commercial waterfront land. His enrichment would be at the expense of the ordinary residents of the Town and of their welfare and environment. H) Any attempt by the applicant to incorporate wetlands or underwater land as Buildable Land is a clear violation of the Town Code. In view of the statements immediatel above, and elsewhere in this letter, it is incomprehensible to me, and to other residents of the Town, that the Board has temporized about this matter to the extent of holding four public hearings and permitting the applicant to introduce statements A and data clearly at variance with his original applic4tion on file with the various agencies, State and Town, involved. In conclusion, I submit that should the Board grant these variances, and ajudication become necessary, the Board's action would "shock the conscience" of any court. F. M. Flynn cc: Tom Attorney r � � NEW SUFFOLK �13c lb IVIC ASSOCIATION INC . l POST OFFICE BOX 642 -Now -' NEW S U F F O L K, N. Y. 1 1 9 5 6 30 January, 1990 The Zoning Board of Appeals Town Hall Southold, N`.Z 11971 Gentlemen: The New Suffolk Civic Association wishes to go on record as opposing the application of the owners of The Port of Egypt for zoning variances . The obvious reason for the request is to make more money by overcrowding, and it our contention that such expansion is contrary to the best interests of the Town at large. t tal It is immediately apparent that thesize of the marina' s present buildings exceeds that allowed by the present code (and that by a substantial margin) . The area that the applicant wishes to allow for car parking falls below that required by the code. There is no provision for the required landscaping. The applicant lacks sufficient upland even for his present operations (we have even heard. that the applicant would dearly like to include underwater land in his nefarious computations, something specifically not allowed by the Town law) . The proposed storage building exceeds local height regulations and as well would be located impermissibly close to property lines. We in New Suffolk feel especially strongly about these matters because the present owner of one of our marinas feels that only by overdevelopment will he be able to reach his manifest destiny, and. seems to care little about our community at large. And so we fear that a lax attitude towards the present application will ultimately bring grievous harm to our small hamlet. Sincerely yours, Thomas Lowr for the New Suffolk Civic Association - ✓-S Ff�74?GF��R?ti��R�F?�.R?C=I- t��nK '`:•� .. �y:,.. :; � ALBERT J. KRUPSKI, JR., eF?re�5i � ' ''j i l '-:; j TELEPHONE y U , 65-1892JOHN M. BREDEMEYER, III President 561: y JOHN L. BEDNOSKI, JR. HENRY P. SMITH, Vice President John B. Tuthill BOARD OF TORN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 71-8 Soutliold, New York 11971 TO: Bennett Orlowski, JR. , Chairman Town Planning Board FROM: John Bredemeyer, III, President DATE: January 8, 1990 Subject: Discharges to surface waters (all) Port of Egypt Enterprises (by reference to your memo of December 28, 89) . While the discharge of storm water flows themselves are not directly regulated by chapter 97 of the Town Code, the Trustees always require containment when activities in the regulated adjacent 75 ' area contains sufficient impervious surface to generate flows. The seemingly informal handwritten position of Henry Smith and myself was the end result of all Board members being requested to comment on this project. In fact the comments were written by Mr. Smith not myself. However, the Board has again reviewed its position at the regular monthly meeting of January 25, 1990 and concurs that "all" roof runoff should be contained in dry wells. Several important reasons why this is imperative follow: 1. Absent the constant inflow of freshwaters as seen in the typical estuary, the bulkheaded marina environment will likely experience wild salinity fluctuations with direct discharge. The immediate effect may be the lysis of countless pelagic larvae of• beneficial organisms (clams, scallops and their food) which may be passing through the area. 2. The water quality of rainfall reaching. Long Island in recent times should not be confused with "distilled" water quality one might expect. Chemical analysis by recent research indicates our rainfall is highly acidified (Ph valves less• than four are common) and nutrient enriched with high levels of nitrates and sulfa greater than 1ppm nitrogen is seen. It ai Ybut�Tome ! iAN I 0 1990 SCu7OLC 7r".',d PLANNING BOARD sewage treatment g processes are approaching this level of treatment. Even so, nitrogen levels of more than .5 ppm may be excessive in the marine environment over time. Supportive data from Brookhaven Lab and S.E.D.H.S as well as others is available. Although debatable, any unnecessary push of marina cuater out of their confines may cause a peak in co iform levels or other pollutants in nearby waters. 3 . Certainly the practicality of containment of 100o may be unrealistic for certain storm events but in no case should an event of more then 2" - 3" per hour be discharged. The 208 study recommendations were for full containment for the better part of a half hour or more. NFEC June 11, 1990 Mr. Chuck Hamilton Water Division ID. E. C. lStony Brook, New York Re: Permit #10-88-1624 Expiration Date 12/31/92 Reference to Map Dated 11/14/88 Dear Mr. Hamilton, by DEC . Approved by DEC on 11/22/88 The .NFEC and LWV's court -suit against the Southold Master Plan should null and 'void.the recent decision bythe Zoning Board of Appeals' decision on the Port of Egypt Project- (see attached) until a decision is forthcoming from the courts. We urge the DEC to support our position and to take into consideration that the original application regarding. this project was misleading. . If you wish more information to substantiate this allegation, we will be happy to forward same to your office. Your attention to this matter would be greatly appreciated and we look forward to hearing from you in the near future. Sincerely, Joanna Northam JN/atc cc: Robert Green, DEC. Reg. Affairs Division Robert deLuca, - S.C. Dept. of Health Southold Planning Board V Southold Zoning Board of Appeals Holm FOM Southold Attorney - Harvey Arnoff MMROMMENTAL COU14CIL a non-profit organization for the pre ser t.•ation of land, sea, air and gualit,of life Rottle 25 at/otvc Lane /'O Bar 794 Alattitttck,NY 11()5? �' •4�thf1 0 M L JJN 2 91990 June 29 , 1990 Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Gentlemen, Enclosed is a copy of our lease with the New York State Department of Transportation for the property in front of Armando' s for placement on our file. Sincerely, PORT OF EGYPT MARINE, I William H. Lieblein, Secty. ROW 75i 110/891 N9 ON NEW YORK STATE DEPARTMENT OF TRANSPORTAT f Orig REAL ESTATE DIVISION Subs PERMIT FOR USE OF STATE-OWNED PROPERTY, Air % Canal P.I.N. S 0 0 0. 0 0. 2 01 Inventory No. Permit Account •0—13 5 4 Property Location s/s MAIN ROAD , 2 , 150t FT E/0 Canal Plate No. BAY HOME ROAD Project MATTITUCK—(;.REENPORT, PTS 1 & 3 Use Code C/MA Map No.(s) Parcel No.(s) County SUFFOLK Town SOUTHOLD City/Village SOUTHOLD THIS PERMIT, made this . day of , 19 90 between PORT OF EGYPT MARINE , INC. ' MAIN ROAD ; SOUTHOLD , NEW YORK 11971 hereinafter referred to as "Permittee", and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE OF THE STATE OF NEW YORK, hereinafter referred to as "the State", WITNESSETH: WHEREAS the State is the owner of the above identified property; and WHEREAS the Permittee wishes to use and occupy said property; NOW, THEREFORE, the State hereby grants this permit to the Permittee, subject to the following covenants and conditions: 1. The property covered by this permit shall be used only for the purpose of parking and boat storage (aee sketnh pg_3) and for no other purpose whatsoever. ; 2. The fee to be charged shall be: $ 2 7 5 per month beginning 411190 The Permittee understands and agrees that if the full amount of the fee as stated herein is not paid by the fifteenth day after it has become due, an additional late charge of two percent(2%)per month on.the outstan- ding balance will be due and owing the State. 3. Payment of fee is due on the first of the month unless otherwise stated. Fee must be paid by check,bank cashier's check or money order payable to "Department of Transportation" and mailed or delivered to: New York State Department of Transportation . Revenue Unit, Building 5, Room 422 . 1220 Washington Avenue Albany, New York 12232 Page I 1 4. Permittee, at their expense and for the term of the permit, shall furnish and show evidence of General Liability Insurance'coverage issued by an insurance carrier licensed to do business in the State of New York for the protec- tion of the State of New York and Permittee against any claims,suits, demands or judgments by reason of bodily 1 injury, including death, and-for any claims resulting in property damage occurring on or in the proximity to the ' permit area. Such General Liability Insurance shall be in the amount no less than $ 2 .000 ,000. (combined property damage and/or bodily injury,including death)single limit per occurrence,and name the People of the State of New York as an additional insured. The Permittee will furnish the State a certificate of insurance, with a (30) thirty day prior written notice of any cancellation or major change in the policy conditions.The Permit shall be voided if insurance is cancelled,modified or lapses. Approval of this permit shall be contingent upon receipt, by the State, of a copy of a properly executed insurance certificate. 5. Permittee is responsible for any repairs,improvements or maintenance work of any kind on the property at Permit- tee's expense.The State may,at any time, periodically inspect the premises to determine whether same are in good repair and maintenance,structurally sound,and that there are no unsafe,hazardous,unsanitary,or,defective condi- tions existing. . 6. Permittee is responsible to maintain that the occupancy is in compliance with any and all applicable Federal,State, and local laws,ordinances, codes, rules and regulations affecting the use of the property. Permittee shall not con= duct or allow any use or activity on the premises inconsistent with law and shall not conduct or allow any use or activity on the premises which may require a permit or other approval by a government agency without having �. lawfully obtained such permit or approval. 7. All arrangements of services for utilities,removal of garbage,rubbish, litter,snow and ice will be made by the Per- mittee at the Permittees's expense, unless hereafter specified. The State shall have no responsibility for providing any services not specifically set forth in writing herein. Permittee shall comply with all local and State building standards in the installation or repair of any utilities including but not limited to electricity and plumbing. Permittee is responsible for keeping and maintaining the premises herein in a safe and clean condition, for the regular and prompt removal of garbage, rubbish, litter, snow and ice. Permittee shall be responsible for preventing{damages li to the plumbing system and premises caused by lack of heat or water damage from leaks. 8. The State shall have no responsibility whatever for the loss or destruction of any improvements made by the Per- mittee or for personal property stored or being used on the premises. "I . 9. Permittee hereby agrees to admit State representatives and prospective purchasers or permittees to examine these premises during reasonable business hours. 10. Permittee agrees to indemnify and save harmless the State from any claim or loss including legal expenses by reason C . of the use or misuse of the premises under this permit and/or from any claim or loss by reason of any accident or damage to any person or property being on said premises caused by Permittee,-its employees,agents or invitees. 11. This permit shall be automatically renewed for successive terms of one month each unless cancelled by either party. . Cancellation by the State requires thirty (30) days written notice, except for cause, in which event cancellation can be required on ten(10)days written notice. Permitttee may cancel this permit by giving thirty(30)days written notice. 12. The parties acknowledge that this instrument is not a lease but is merely a permit to occupy and use and therefore a landlord-tenant relationship is not hereby created,and further,that since this is not a lease,Section 5-321 of the General Obligations Law,does not apply to this permit to the extent permitted by law. 13. Permittee will not sublet the premises nor assign or transfer the Permit to any other parties in part or in whole without the prior written consent of the State. Failure to comply with this provision may result in ten (10) days f written notice of cancellation of the Permit by the State,and the State may immediately take possession and ter- I minate all rights of the Permittee as of such moment. I Page 2 14. The Permittee understands and agrees that the fee charged by the State may periodically be updated to reflect fair market value and;the Permittee will enter into a new permit for the new fee if it wishes to remain in occupancy. Failure to execute a new permit will require Permittee to immediately vacate the premises. IN ADDITION TO THE ABOVE PROVISIONS,CANAL PERMITS ALSO INCLUDE PARAGRAPHS 15 AND 16. 15. No alterations,excavations,improvements or modifications of any kind may be made to the Canal lands or system without express written permission from the State in the form of a Canal Work Permit. 16: Unless express written permission is granted to the Permittee by the State, no permanent buildings,structures or additions to existing buildings or structures will be allowed on the Canal lands or system. Any existing buildings at the time of the issuance of the permit shall be.used for seasonal occupancy only. 17. Additional Provisions to Permit, if any: SEE ATTACHED RIDER FOR PROVISIONS 18 thru 24 D �SLLYr, I l �•�.,°t_,p ,(7 ,•J fir;,�• ��trJ !7 1 Page 3 ACCEPTANCE: In consideration of the granting of the Permit,the undersigned accepts all of the above terms,condition and provisions. Signed r FOR INDIVIDUAL ACKNOWLEDGEMENTS On the day of 19 , before me'personally came to me known to be the individual described in and who executed the foregoing instrument and acknowledged that they executed the same. l (Notary Public) d FOR CORPORATION ACKNOWLEDGEMENTS Ila �1 On the day of.V'7 < ,19 ; before me personally came yl ) R to me known, who, being by me dilly sworn, did depose and say that they reside at in that they are the l� j of �AV Pj' y , the corporation described in and which executed the foregoing instrument; that they signed their name thereto by order of the Board of Directors of said corporation. ✓, (Notary Public)Notaq Public,State of New Yo: No.52-2162160 Qualified In Suffolk County RECOMMENDED: Term Regional Real Estate Officer Date APPROVED: Commissioner of Transportation ' for the People of The State of New York By Director, Real Estate Division Date I ' j: Page 4 �of IN 2 9 7 R ROW 75j ( 10/89) RIDER Page 1 of REAL ESTATE GROUP - REGION 10 RIDER TO PERMIT FOR USE OF STATE-OWNED PROPERTY The attached provisions are a full and integrated portion of the Permit Agreement, with the Permittee, Port of Egypt Marine, Inc . ; Permit. Account Number 0-1354: 18 The Permittee acknowledges the State 's right to collect a security deposit. The State .hereby acknowledges receipt fl6l of two hundred and seventy--five dollars ($275), a sum equal to one month 's permit charges . This sum will. be retained as security deposit to insure faithful performance of the Permit and compliance with all terms by the Permittee . The State is not obligated to apply -the deposit on any outstanding permit fees or other charges in arrears or on damages for the Permittee 's failure to fully perform -the permit. The State may, at its sole discretion, exercise the option of applying the security to outstanding obligations' of the Permittee, without prejudice or effect upon the right to immediate possession of the premises for the reasons stated J elsewhere in the permit or for nonpayment of the permit fees . The security deposit held in connection with this j permit will be held in an account maintained by the Comptroller, State of New York . The sum held on deposit 1 shall not accrue any interest. The Permittee shall be lentitled to complete repayment of the original sum on deposit at the end of -she lease, provided: that there are no outstanding charges or arrears; and that all the terms of -the permit have been faithfully and fully performed; and that the State having a reasonable time to inspect ithe premises finds that the Permittee has not damaged the buildings, structures and/or grounds; and provided that any and all keys and/or copies thereof ( if any) are returned to the State . On termination of the Permit, provided the above conditions have been met, -the Permittee will receive the original sum on deposit unless the parcel is sold by the State . If the parcel is sold by the State, the security deposit may be transferred to the new owner of -the reversion and the State will have no further_ obligations to the Permittee regarding the i security deposit, or the State, at its option, may simply j return the original sum on deposit to the Permittee . 19 Permittee agrees and understands that the State is under no obligation to sell the property to- the permittee aria that no commitment, expressed or implied, is made by the Mate to give the permittee any preemptive right of purchase . r -ROW 75G (3/88) RIDER Page 2 of 2 RIDER TO PERMIT FOR USE OF STATE—OWNED PROPERTY REAL ESTATE GROUP — REGION 10 it . 20. Any improvements made on this property will be made at � - the permittee 's expense, who shall not ,be compensated for : i same by the State . At the State 's discretion, the I . ' permittee may have to remove any and a.11, improvements they have erected on this State owned land at their expense . If the State requests the removal of the improvements made by the permittee and compliance is not forthcoming within ten days of formal written notice, the State will have the improvements removed and any/all i charges will be paid by the Permittee . 21 . Any trees or shrubs planted on this property shall be at the permittee 's expense and at the termination of the j permit.,shall become the property of the State . 4 22. It is understood and agreed by and between the parties that the Permittee will not be entitled to any relocation benefits provided under Federal and State law. 23. Permittee shall not place or store, or allow .others to ? � place or store, any flammable, explosive, hazardous, toxic or corrosive material, debris of any description, garbage or any material commonly referred to as " junk" within the permit area except fuel kept in the fuel tanks i of legally parked vehicles allowed under• the terms of this permit. Failure to comply with this provision may result in a ten ( 10) day notice of cancellation of the ! � permit in accordance with Provision 11 of the permit. 24. The Permittee understands that a Highway Work Permit must. 1 be obtained from the Traffic Permits Unit prior to any construction on the site : j t , I` i I t i � i • A/ FORM NO. 2 TOWN OF SOUTHOLD ' BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTH'OLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) O 10475 Z Date : � i�{ J .. . 19. Permission is hereby granted to: ' �` ��r.� J...40,40..................................... Y................. . 6U. to .... U-57-1 (-I-C7---- -A�aa/7/7C7-/c�..��- • •�x% 7,x.��%o,��/�'e�. . C-15.......................................... at premises located at Zrwj0b rmvxv r......................................................................................:..........................................: .......................... pursuant •application••dated • .-- ..... .. .................................:.::t�c• •1 �/G7 L�C'/ ......... ... ., 19'. ..., and approved by the $uilding Inspector. Fee 6..........—. 2�. .... ... {� uilding Inspector . FORM NO.6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY < = Instructions A. This application must be filled in -4`rh typewriter OR ink, and submitted in duplicate to the Building Inspec for with the following;for new buildings or new use: ,• .;: 1. Final .survey of property with accurate location of all buildings, property lines, streets, and unusual'`�•'� �� natural or topographic features. ,,;<,",,• 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal).. 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installs-� tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. . ,y. _ 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informs tion required to prepare a certificate. C. Fees: a 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 X Date . .-June- .23, 1982 New Building . . . . . . . . . . . . . Old or Pre-existing Building(X) . _. ,_� -.._ z "Vacant Land . . . . . . . Location of Property 62300 Main Road, Southold.,. •N.Y.• . • . . . . • . • . . House No. Street Hamlet Owner or Owners of Property , , Port of Egypt- Enterprises,Inc. ,. Soathold ,`'N.Y. . County Tax Map No. 1000 Section . .100056,I, , , , , B lock . . - 6 . . . . Lot. . 6 , 4) . • • , . . Subdivision ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . . . .Lot No. . ... . . . . . . . . . . _-Permit No. 10475 .Z• Date of Permit 11/14/79 Port of Egypt Enterprises,Inc. . . . . .Applicant Southold— •1d:Y. •11r371 . . . . . . . . . . Health Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . .Labor Dept. Approval .. . . . . . . .. . . . . . . . . . . . . . . . . . . .;. . Underwriters Approval A590292 . . • • . • . • : .Planning Board Approval . . . . . . . . . . . . . . . .,, � . Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final CertificateX . . . . . . . . . . . . . . . . - Fee Submitted $ . . , , , . .. . . . . . . Construction on above described building and permitmeets all app!{cablcodes and regulations. . Applicant Rev.10-10-78 C�_0. FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No_ -Z-1 105Z . . . . . . . Date . . . . . . . . �Ju].y. .9 . . . . . . . . . . . . . . . .. 1982. �S CERTII'I I',t{ I Ilill the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LoL-==- m of Property + e 11(►11;' 00 . . . . . . . . . . . .�Ialn .ROAd . . . . . . . . . . . . . . . . . .Sauthol.d . Coin,.Tax Map No, I IIIIII r� Street Harn%i section . .05.6 . . . . . .Block . .06. . . . . . . . . . .Lot . . . ODA . . Su =pion . .Lewin Il��l�lgs . . . . . . . . . . . . .Filed Map No. .535. . . .Lot No. .1�9 , l? inclugive con_cT= substantially the Application for Building Permit heretofore filed in this office dated ate'= QYQi�ltic�l 19 .79pursuant to which Building Permit No. . . .1.Q475. .Z . - . . . �I , I �!of tlit�: =mlicable provirjli ill i . . . . . . . . . . 19 .7.9 ,was issued, and conforms to all of the requirements the law. The occupancy for which this certificate is issued is . . . . . . . . . • ate. -=��,t�4ri. .C�� i+�► I,a t�.Ae3 .�o.a� . �tor��'e. .& .A�rir�.��. .d��P�.aY. Uu.�,�S17�ri.�. . . . The c==icate is issua,l I �� Port of Egypt •1�nterprises,, Irlc., Of the :�_;d bWlLliiilj (owner,lwweardermai Suffc�� =nu=ry Depart Ills. III of Health Approval . . . .ri/.a . UND==w��c.'TERS Cl,'I( (CATENO. . . . . . . . I1/.A. 5.:t0292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S� r y Building Inspector Rev. 1/S FJEI TNSPECTI.Q • DATE II COMMENTS H a FOUNDATION (1st) o � c ra e FOUNDATION (2nd) m 2. ROUGH FRAME & ° PLUMBING 0 h 3. cn INSULATION. PER N.Y. _ STATE ENERGY CODE. 1 00, . `.la' r � o 4. ell 4-11o�l FINAL CD ADDITIONAL COMMENTS: q\�1 O " x CD w • LCD . l � FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 '^. t 0 ., 19 . Application No.Z/:-�6J�.Examined . . . . . . . . . . . . . . . Approved . . . . .'�y . • 19VPennit No. . . . . . . . . . . . r Disapproved a/ . . . . . . . . . . . . . . . . . . . . . • • • • �(Building Inspector) APPLICATION FOR BUILDING PERMIT /► / G Date . . . . . .54./ ...!. . . : ., 19T� INSTRUCTIONS a. This application must be completely filled'#n by typewriter or in ink and submitted in triplicate to the Buildi Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stret or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app cation. c. The work covered by this application may not be commenced before issuance of Building Permit.. d. Upon approval of this application, the Building Inspector. will issue a Building Permit to the applicant. Such pern shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Buildbig Department for the issuance of a Building Permit pursuant to t Building Zone Ordinance of the Town of Southold; Suffolk County,New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or-for removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinan:;es, building code, housing code, and regulations, and admit authorized inspectors on premises and in buildings for necessary inspections. . . . Pocr-or.6. r-.MAP.ej444gr . (Signature of applicant, or name, if a corporation). (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build, . . . . . .. . . .��e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises . . .��.2T. . . .alc . . . ��.�`1�T . .'�. JT. . .�/ll . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) If applicant is a corporaation, '. nature of duly authorized officer. . .w . !!. . . . . . . . . . . . . . . (Name and title of corporate officer) Builder's License No. . . . . . . .. . . . . . Plumber's License No. . . . . . . . a . . . . . .. . . . . . Al 4 Electrician's License No. . . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. . Ro r. . .QF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .�A4. . . . ., 1� . . . . . . . . . . . . . . .�u?: 4�a. . . . . . . . . . House Number Street Hamlet r s6 County Tax Map No. 1000 Section . . . . .0 . . .?. . . . Block . . . . . Cam. . . . . . . . . . Lot . . . . _ Subdivision . . . . . . ?Z:N`:'. . . . . . . . . . . . . . . Filed Map No. . . .S. s J. . . . . . Lot . . . . . . .�. . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . .Q!`kT• . • • •.• • • • • • . . . . . . . . . . . . . . . . . . . . . . • • • • • • • b. Intended use and occupancy . . .�. l. .r. . . • • . . . • . . .� .�� . . . . . . . . . • • • . . • • • 1 , 3." Nature of work (check which ap able): New Building . .✓. . . . . . Adc_. _n . . . . . . . . . . Alteration' . . ;'. . . . . . Repair . . . . . . . . . . . . . . Removal . . . .*. . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . O©� � (Description)- I. Estimated Cost . . . . . . . . .�. . . . . . . . . . . . . . Fee . . . . . . . . . . .. . . . . . . . . . . . . . .z. . . . . . . . . . . ... (to be paid on filing this application) i. If dwelling,number of dwelling units/ .AM . . Number of dwelling units on each floor . . . !IA. . . . . . . . Ifgarage,number of cars . . . . . .!Y. . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i. If business,commercial or nixed occupancy,specify nature and extent of each ty a of use 1OQ01o. .(prr.-n fMI 7. Dimensions of exis ing structures,if any: Front . ... . . . . . . Rear . . . . (n. . . . Depth . . �.J. . . . . Height . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . Dimensions of samestructu with alterations or additions: Front . . . . . .l . .�? . . . . Rear . . .�. . . . . . . . . . Depth . . . . . . . . . . 7 . . . . Height . . . .�.� . .i if . . . . . . Number of Stories . . . . . .t . . . . . . . . . . 3. Dimensions of entire new construction: Front . . .eF Rear . . . .(p , : . . . Depth . . . . . . . . Height . . . . .2��. . . . . .Num�pr of Stories . . ./. .'-. ..S*r'� �.�:Q??. �. . . . . . . . . . . . . . . . . . . . . . . ). Size of lot: Front . . . .-e?D.O . . . . . . . . . Rear . . . .2A . . . . . . . . . . . Depth ). Date of Purchase . . . :. . .(.Cc �(. . . . of Former Owner.Foxro�.i4yerf7�t1. Zone or use district in which premises are�situated . . .Jame . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . 2. Does proposed construction vi-I to any zoning law, ordinance or regulation: . . . . . I . . . . . . . . . . . . . . ..':... . . . . J. Will lot be regraded . . . . . . Gam. . . . . . .Will excess fill be removed from premises: Yes - -lo 1. Name of Owner of premises .Qw 4?v . . . .Address m At!!VAP . . . . . . .Phone No. .Z(d.�- ` Name of Architect . . . . . . . . . . . . . . . . . . . .Address . . . . . . . . . .Phone No. . . . . . , Name of Contractor . . . �l�.t ?�f?��1.!� .� . Address �V;3 . . .Phone No. 74W..X`fCA<�. PLOT DIAGRAM - Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from .mperty lines. Give street and block number or description according to deed, and show street names and indicate whether Iterior or corner lot. l TATE OF NEW YORK, S.S OU/NT��Y��OF . . . . . . . . . . . . . . . . .,, • . .W l L .L.,L X./.490?�!l being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) hove named. .e is the . . . . . . Q, :r . . . �!C/�!Cc 7�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed t}fe said work and to make and file this eplication; that all statements contained in this application are true to the best of his knowledge and belief;and that the -ork will be performed in the manner set f th in the application filed therewith. worn to beforreJn/ s . . . . . . . . .1./. . +.�. . . . .day f P!. . . . . . . . . ., 19��. / otary Putblic, .l. . . . . . County ERIG. . . . Ktr.,N 1 f � �• .NOTAit'1 NU6LIC. State of IVew York No. 52 2162100 . . . ,,•l..E�,�`. A- 4�- . . . . . . Quaidied'(e Ma«n 30°1` (Signature of applicant) Term Exp Fb'AM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following;for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal).. 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5..Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 J&ff . 239 1982 New Building . . . . . . :X. . . . . Old or Pre-existing Building(X) . i 'Vacant Land 62000 Main Road, Southold, N.Y. Location of Property , ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . .:.. . . . . . . . . House No. Street Hamlet Owner or Owners of Property .Port ,of Egypt .Enterprises, • Inc. Southold, .N,.Y. . 11971 . . . . . . . . . . . . . . . . . . . . . . . . . . County Tax Map No. 1000 Section . . . . , 5.6 . . . . . . . Block . . _ 6 . . . . . . . . . . Lot . . 4,v,5,6. . . . . . . . Subdivision . . . . . �eX4s, •Domes• , , . . , . . • , • , , , •Filed Map No. . 535 . . . .Lot No. 1.thru.9 . 11265 Z 7/10/81 Port of Egypt Enterprises,Inc. Permit No. . . . . . . . . . . Date of Permit . . . . . . . . . .Applicant . 8-poathold N•.•Y+ • • • • • Health Dept. Approval . . . . . ... . . . . . . . . . . . . . . . .Labor Dept. Approval Underwriters Approval . . . . . --� . . . . . . . . . . . . .Planning Board Approval . . . . . . . . . . . . . . . . . . Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . X. . . . . . . . . . Fee Submitted $ . . . . .5 .00 . , . . . • . Construction on above described building an per iVmee all appJ{c b1. des a re lations. Applicant ,^ . Rev.10-10-78 C�0 0 CO 9 7 19- /E 2 FORM NO. z ry ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N: Y. � BUILDING PERMIT .(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL } i COMPLETION OF THE WORK AUTHORIZED) -41 N° 112 6 5 Z Date ........ ... ....... .... ..... . .:.... ..... .. 19..s .• ,w,11�. � � .. 1. Y \ ! J, . '.4 S .,.�l,� "min �. 1 �. Z • f Permission is hereby ranted to: .... ........................ ...................................... ...........M.R..�/...................................................... SUt/ 7 I10L - 61. `( 11971 Y� ............................................................,................... ra ... ?UtL�.....A......#��X�k .56A7.......S:ToFn6.E.....;,r�., cK...... s'��. i�r ...... . ............................................................................................................................................................. ��. at premises located at .............(C..........�D........M........................Ofl�............................. ...., .•.C_l�taJ ut.c�l'...............^,�.��...............,.i�.....�.�.•C�nco..........' .. r .................................... .... � .. ...... ` -t- "C lLI.6 l/ s �r ........................... ..................................................,. pn�..�r ...................I..........................., .. County Tax Map No. 1000 Section ........................ Block ..............�....... Lot No. ..y......... pursuant to application dated .........:.................:... .. ................... an approved by M+ �� 19.�/.., d ved the Building Inspector. Fee $........................ .......................... .. ......................... Building Inspector Rev. 6/30/80 r1hLll i fiLl;t✓1- JN ilJi1JJ p �:vi111iivia H H _. FOUNDATION ( 1st). I �. x FOUNDATION ( 2nd ) 2 . I 0 ROUGH FRAME & O ' G PLUMBING INSULATION PER N . Y. y STATE ENERGY c CODE hiti � C G' 4 . c: r FINAL z ADDITIONAL COMMENTS : c • .. it X H � O H O z • x • r ►-3 • x d H FORM NO.4 TOWN OF SOUTHOLD ` BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . 2.1.1069. . . . . . . . . Date . . . . . :7141p. . . . . . . . . . . . . . . . . . . 195.? . THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property 6.2000. . . . . . . . . . . . .i°i11p. ,Q40. . . . . . . . . . . . . . Southold House No. Street Hamlet County Tax Map No. 1000 Section . .Q a 6. . . . . . .Block . Q . . . . . . . . . . .Lot . a 0 4, 5 Subdivision . I.Q FI 11. . . . . . . . . . . . . . . . . .Filed Map No. 5 3 . . . . .Lot No. 1 -°.,. ,i n c l u s i v e conforms substantially to the Application for Building Permit heretofore filed in this office dated . .J.t�.r, 1.. . . . . . . . . . , 19 :.i.pursuant to which Building Permit No. . . 1.2!; Z dated . . .J 1 .3—, . J .0. . . . . . . . . . . . . . . . . 19 '.,. ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . pi. .q, p;;a,,-P, r%q btxil(tiny:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . o i:� . i', T y p t, rt L o r;13)?i.s e s , Inc .. . . . . . . . . . . . . . . . . . . (owner,lea'ae or emnO of the aforesaid building. Suffolk County Department of Health Approval . . .P? ` . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . .n/<<. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 t � 3. Nature of work (check which applicable): New Building . . . . . . . . . . Addition . . .X. . . . . . Alteration . . . . . . . . . . Repair . . . . . . . . . . . . . . Removal . . . . . t . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Description) 4. Estimated Cost . . . . .3 2.,.Q Q 0.O.Q . . . . . . . . . . . . . . . . . . . . . . Fee . . . Q: . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . (to be paid on filing this application) 5. If dwelling,number of dwelling units . . . .R/A. . . . . . . . Number of dwelling units on each floor . . . N./A . . . . . . . . . Ifgarage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 1 OD./Boat. .&BTSp3:.Ay. 7. Dimensions of existing structures,if any: Front . .1.36.. . . . . . . . . Rear . . . 1 D.01 . . . . . . Depth 225.1. . . . . . . . . . . Height . . . .3 0 .. . . . . . . . Number of Stories . . . .1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . 1.36 ! . . . . . . . . . Rear . . . . 13.6! . . . . . . . . . Depth . . . . . .225... . . . . . . . . . . . Height . . . . . .30 . . . . . . . . . . . . . . Number of Stories . . . 1. . . . . . . . . . . . . . . . . . 8. Dimensions of entire new construction: Front . . . . .3 6.1. . . . . . . Rear . . . . . 1.6! . . . . . . Depth . . . . .41 !. . . . . . . Height . . . . . . 13.� . . . . . Number of Stories . . . . .1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . . . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . . . . . . . 10. Date of Purchase . .H P r�L l, , 1 16 9 , , , , , , , , , , , , , , Name of Former Owner 11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . .Station & Restaurant . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . .NQ . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . No. . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises P.0 E. .E N T ERP.R I SE5,I AEldress Ra i n. RQ a d. . . . . . . .Phone No. 7 5 5r.24 45. . . . . . Name of Architect ..3aG.C.Q .&. AhIQPs. . . . . . . . . .Address 5.4Q55. AQin. .RQ,�d.Phone No. 755-5455. . . . . . Name of Contractor P nt PAR 3Zises, IXQ . Address plain, Road, , , , , , , .Phone No. 755-�445. , , , , , PLOT DIAGRAM , Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. ATTACHED n STATE OF NEW YORK, S.S COUNTY OF . . . . . . . . . . . . . . . . . . . . . . .Wi1.1 i am. .H. . t_.i.Q b I e i.Q . . . . . . . . . . . . . . . . . . . . being duly sworn,deposes and says that he is the applicant (Name of individual signing contract) above named. He is the . . . . .. . . .Corpozate. .4f.f,iQ.e.i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to befo . e this / /� p " /. . . . . . . . .�7/� . . . . . . .day'o 1 .4 YR. Ie. /. . . . . ., 1 � Notary Public,. ;!, . , , , , , , . , . County ERIC G. KOCH NOTARY PUBLIC, State of New York , „ , , , „ • , No. 52-2162100 Qualified in Suffolk Counjy / (Signature of applicant) Term Expires March 30,/19� A FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 �- _ j �• • �?` . . . ., 19 .lpplicatlojj i 7 � ©. . .1. . . . . ., 197�?Permit No. a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / (Build ng Inspector) APPLICATION FOR BUILDING VF,10n1 Date .Ili.i� � 9.9. .99. 99 . . . INSTRUCTIONS —plication must be com letel filled in b t pewriter or iti inY. %,►nl submitted III I i I p Y y y I' Late to the Building : 17.f�3 sets of plans, accurate plot plan to scale. Fee according to f;Jjje,1I'cl" _� showing location of lot and of buildings on premises, re1atif)rr%J0l1) I° adjoinin l wing a detailed description layout prop tion of lt of property must bc, (Ira///) OJI the diagruiil �, liIIses or public streets _ It is part of this appli- o=k covered b this application nay not be commenced before i ;�aA� °t Buildings (r arprOVal of this application, the Building Inspector will issue a f:��ifcli�sgPermit lip Illfilgl'plicant. Such permit '!n the premises available for inspection throughout the work. . i- ing shall be occupied or used in whole or in part for any purpry'�% w1jatever unl II ,I I p I IIricate of Occupancy granted by the Building Inspector. fs =iION IS HEREBY MADE to tie Building Department for the ihti'jance of a Bull,llll r ,._ Ordinance of the Town of Southold, Suffolk County, Ncw Ye"'a, and other apl,li� +'I11 limit pursuant to the the construction of buildings, additions or alterations, or Yrrr t�.uicwal or deilllilll IIr Laws, Ordinances or �l -1 fees to comply with all applicable laws, ordinances, buildin'� '�'�ic� housing �,lil i ►ll, as herein described. illld regulations, and to inspectors on premises and im buildings for necessary in4pectit/103, po�.t (Sign, if applicant, of Ililllli It a corporation) Main .1.1ri.,., , SQuth.rll ,� p ) 1)A0iling addreac; l i ° I I'( . . 1.1.S171 . . . . . . . "I'1 1cant) =—=licant is owner, lessee, age�-at, architect, engineer, gcruwra.i /if)trdctor, elui (I I� sills. p um er or builder. e, -= =remises . . .Pori- .Qf. . P.rjspp5.,. . !r,j;;... - , . , . . . . . . . (as on the tax rill ir% % i':st deed) . . . . . . . . . . . . . . . . '- :—,oration, signature -Df duly 1litL.-sized -officer. fjlein, I'1 williarri li. 'lent (.° —3 title of corpora,p offices j y =tee No. . . . . . . . xi/A - - - - -- - - - - - - - �.L- =tee No. . . . . . . A . . . . _ - a L----ise No. . . . . . -/A Yam°-r'1 immense No. •e r ':--n whit propcxl work .v._ r G r;. 4 .mil.ci '... . . . . . . . . . . . . . . . . . Hamlet . . . . . . . . . . . . . . . . . \0 1000 Secti;-- . . .lL�..� -- �- Block . . . . . / �o. . . . . . . . . . . . . . . . . . . Filed M,it, Or-cuPanev premises an— use and uc;+:��/��% qf proposrrr) ''� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remarks by F. M. Flynn Before Sothold .Town Board of Appeals 2/1/90 Re: Port of Egypt application for Variances The classic definition of a good speach is one that: 1)Has a strong beginning 2) Has a strong ending 3) Not too much in between I am sure I can meet the first two qualifications. With respect to the third, I shall try to be as succinct as possible and at the same time inform those here present, who may not be aware of the full ramifications of this application, of its full dimensions and effects. I will try to be as concise as possible given a complex subject. As you no doubt surmise, my purpose is tocreate a record, should one be needed in future. By way of introduction, I was for many years a consultant analyzing projects for clients among them : The Corps of Engineers, The NYS Dept. of Transportation and the NYS Attorney General. In addition I have had particular experience with waterfront properties over a period of some forty years. I will gladly elucidate if you request. In my years of experience I cannot remember a project I consider so rapacious in intent. It compounds variance on variance and makes a mockery of zoning law, the Town Code and the recent Master Plan. In my opinion, what motivates this plan is sheer greed. As Samuel Johnson said, the applicant seeks profit "beyond the dreams of avarice." Unfortunately for the applicant, an increase in profit ddoes not constitute grounds for a variance. For those not fully informed, the application involves, principally: 1) Constructing or retaining improvements whose coverage wold be 2 1/2 times that permitted by the Bulk Scedule of the Town Code. (1 ) 1 2) The creation of a additional monstous degree of nonconformity on an already nonconforming property. 3) Numerous setback variances including one which permit the construction of a building storing 160 or more fuel laden boats within 5 feet of an abutting property and within 20 feet of State land. 4) Severing the property by planning for only the easterly 82,480 sq. ft. of the property in a vacuum, as if it were vacant land. 5) Reducing the Code requirement of one parking space per boat to as little as 1/4 space per boat. The ramifications of the first four variances should be evident to all. The fifth, in my opinion, is an exercise in obfuscation intended to conceal the true intent of the variance sought and its effects on the community. With respect to parking, alone, the applicant's planning results in a deficiency of 241 spaces requiring 1 .9 additional acres of land. To explain this ploy, the Town Code requires 350 sq. ft. of parking space per car. If, for marina has 35,000 sq. ft. of parking area, it can accommodate 100 cars. The sole control the Town has over the number of boats a marina can launch is the parking ratio; one boat per car. With the type of variance sought, the marina used as an example could theoretically park 400 cars and, in practice, launch 400 boats. In short, the variance sought would set a precedent for launching several thousand more boats in Southold's already crowded and polluted waters. Granting such a variance adversely affect ou environment and the entire way of life in the Town of Southold. Traffic would be quadrupled with particular impact on residential areas. Our vital waterfront and waterbourne resources, which the Town's government purports to protect, would be destroyed. (2) The marina operators are on record as stating that only 25% of the boats presently accommodated are owned by Sothold residents. This means that 75% of the crrent number of boats are owned by non residents. If this variance were granted, approximately 15 spaces to every one used by a Sothold resident. Pious claims are made about providing dock space for future needs. If Sothold were to at some time in the remote 21st century, present, unexpanded capacity would still make 50% of capacity available to non residents. How far are we expected to go in sacrificing our environment for the benefit of marina operators and Eton residents? The Peconic Bay is barely recovering. It is a shared resource for all towns fronting theron. Has the Town of Southold the right to unilatteraly exploit this common resource by launching into its waters as many as six times the number of boats permitted by other towns? Specious economic arguments are advanced to justify this quantum increase in the number of boats as a boon to the local economy. As a matter of fact, the abomination proposed in the subject application would, by the applicant's admission, create two new jobs. It is a well known fact that boaters coming to Southold enjoy as much time as posible on their boats and spend precious little money locally. The underlying question is Wh6 would profit from such an expansion, other than marina operators, and what would be the adverse economic effects on the rest of the Town's residents? Those of you who read yestyerday's NEWSDAY an article concerning a marina in Northport. It is owned by a conglomorare. Profits are skimmed from the local area. It is condominiums of the slips selling for from $50,000 to $250,000 each. To whom? This is a view of the future residents can expect should this variance be granted. This hearing would not have taken place but for the uncoscionable act of the Planning Board. Unbelievably, it issued a Negative Declaration for a project with such dire implications for the environment and for the heath, safety and welfare of Town reresidents. In my opinion, at best, they never analyzed it. In any event they certainly (3) did not give it the "hard looK" nor provide the "reasoned explanation" required by law. I have analyzed this application thoroughly. If these variances are granted it is the equvalent of the Board's making a gift to the applicant of the value of 3 1/2 acres o: waterfront commercial land. There is no basis in law for granting the variances sought. There is no proof of harship or practical difficulty, nor could there be. Under the circumstances, I find it inconceiveably strange that tonight represents the fourth hearing before the Board on an outrageous application that should have been rejected summarily. In his application tothe State and other agencies, the applicant stated ownership of seven (7) acres of upland. He now claims, for obvious reasons, ownership of 4.96 acres, or 30% less. In addition he submits calculations of building coverage far less than his/own survey reveals. He now appears to want, indirect conflict with the Town Code, to include underwater land in his "Buildable Land" calculations. I confess to being somewhat confused as to the land area involved in the subject application. Does he own 7 acres, 4.96 acres, 6.4 acres or 8.4 acres? Does he have a bene interest in the motel or not? He has included the motel lot in his statement of ownnership. Which buildings does he include in his calculations and which does he exclude? I can only work from the data he submitted to the Board along with his application. It really doesn't matter. He cannot, at this late date change the application previously submitted to State and Town agencies. To do so he must start the application procedure over. These agencies would otherwise have no knoledge of either a changed plan or its impacts. In conclusion I would like to summarize my objections to this application for the benefit of those here assembled. Some have previously been stated to the Board either (verbally, or by written communication. However, many concerned residents are (4) unaware of them. A) the granting of variances is, by law, to be sparingly exercised in rare circumstances. B) Financial hardship or practical difficulties/unique cicumstances must be proved by the applicant. He has not attempted to prove, nor could he prove, either. To prove hardship he would have to prove the property is valueless without the variances sought. Some chance! Any claim of unique circumstances/practical difficulties is easily countered as being the results of his own actions in developing the property. C) Any attempt to revise, at this late date, the land area encompassed by the application or any other attempt atrevision including a belated submission of purported proof, would require a complete reapplication to all the agencies involved and a subsequent public hearing to afford the public an opportunity to challenge the revised data. D) The "variances sought are of such a magnitude as to excede the purview of the Board. While the Board is enpowered to modify the "strict letter' of the law, this application makes a mockery of almost every facet of the Zoning Code. In addition, the Code enjoins the Board to observe the "spirit" of the Zoning Code. Nothing could violate the spirit of the Code more than the subject application. In fact, the application seeks a complete rewriting of the Code. It seeks a rezoning via the back door. E) The ?Negative Impact Declaration which preceded these hearings was issued without the "hard look" and "reasoned explanation" required by law. No consideration whatsoever was given to the manifest health, safety, welfare and environmental problems thatthe magnitude of this application would certanly precipitate. It is the Board of Appeals duty to consier these impacts. F) The subject property is nonconforming in its present state and would become all the more unconscionably so were these "variances" granted. The Town Code states that it is its purpose to "reduce or minimize impacts of uses and buildings �,fhich do not conform to the use or bulk requirements set forth in this chapter." (Zoning) It goes on to enjoin actions which " createany new nonconformance or increase the degree of nonconformance." loThat is actually sought here is the complete abandonment of the newly adopted Zoning Code and Master Plan. (5) G) Granting these variances is tantamout to making the applicant a gift of the utility of, and consequently the value of some 3.5 acres of waterfront commercial land. His enrichment would be at the expense of the ordinary residents of this Town and of their welfare and environment. H) Any attempt by the applicant to incorporate wetlands or underwater land as "Buildable Land" is a clear violation of the Town Code. In view of the statements above , and elsewhere, it is incomprehensible to me , and to other residents of the Town, that the Board has temporized about this matter to the extent of holding four public hearings and permitting the applicant to introduce statements and data clearly at odds with his original application on file with the various agencies, State and Town, involved. I submit that should the Board grant these variances. and adjudication become necessary, The Board's action would "shock the conscience" of any court. Finally, if I may be permitted a purely personal comment, the cynicism implicit in this action, and certain circumstances surrounding it, would turn the stomach of a vulture. Along with these comments, I have here a letter to the Board. It involves many calculations and citations. Rather than burden thse here assembled with its technical comments, Iwould prefer to turn it over to the Board with the proviso that it be spread on the record. (6) TOWN OF SOUTHOLD, NEW PORK REVISED 08/08/1989 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE02/25/.1989...,......, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) PORT OF EGYPT ENTERPRISES, INC. ROUTE 25 O.F..jE.G.YjP.T..E.N.T.E.RPR I ........... Nameof Appellont ................................................................. Street and Number ,,,,,,SOUTHOLD YORK ...............�............ ... . NEW Municipality State............HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED .JUL,Y...1.2a„1989,,,,,,,,, ,., . ... WHEREBY THE BUILDING INSPECTOR DENIED TO PORT OF EGYPT ENTERPRISES3,..IK - MERLON WIGGIN A/C ................................ of Name of Applicant for permit O.RE..6RRT.1,EC.AI,L,EY.,...QRNP..QRT............................ NEW YORK Streetand Number ............................................... ( ) PERMIT TO USE Municipality State ( ) PERMIT FOR OCCUPANCY (X ) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY ,ROUTE 25, SOUTHOLD MARINE BUSINESS II ;............ ..... ...... ......................................... 056 04 10.�trTf jI fp.2t / I Use District on Zoning Map District 1000 Section056 Blockp6 Lot 3,2 ............................................................ ...............:'Cdi80L2nf'Jrier PORT OF EGYPT ENTERPRISES, -INC. /vlap No. Lot No. Prior Owner I TFRI FIN FAMILY FRCS 1w TO 1978 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 XII Section 100-1 I G & ACCESSORY EXCESIVE LOT COVERAGE;BLDG. IN FRONT YARC XII 100-239D (CONSTRUCTION WITHIN 75' OF WATER OR WETLAND 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 Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal )Va'04 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form zsi (Continue on other side) REASON FOR APPEAL y Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticol difficulties or unneces- sary HARDSHIP because A. LOCATION OF THE PROPOSED BUILSING 30' (REQUESTED 15') FROM SIDE YARD BOUNDARY WOULD MAKE EFFICIENT PARKING AND INGRESS AND EGRESS TO WATERFRONT DIFFICULT AND CONGESTED. B. LOCATING THE BUILDING 50' (REQUESTED 251) FROM THE PROPERTY LINE WOULD NOT ONLY PLACE IT FURTHER BACK THAN EXISTING BUILDINGS, BUT WOULD MAKE IT VIRTUALLY IMPOSSIBLE TO MANEUVER EQUIPMENT TO PLACE AND REMOVE BOATS FROM THEIR STORAGE RACKS. Also, AT THE COMPLETION OF LEASE OR ACQUISITION OF THE OLD MAIN ROAD FROM D.O.T., THE PROPOSED BUILDING WOULD BE APPROXIMATELY 200' BACK. C. THE BOAT STORAGE BUILDING SHOULD BE PLACED AS CLOSE AS PRACTICAL (40') TO THE EXISTING BASIN BULKHEAD TO PROVIDE FOR EFFICIENT MOVEMENT OF BOATS. MOVING IT FURTHER AWAY FRCM THE BULKHEAD WOULD ALSO REDUCE FRONT YARD CLEARANCE. BUILDING WILL BE APPROXIMATELY 120' FROM THE BULKHEAD FRONTING BUD'S POND. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because THIS IS THE ONLY TYPE OF FACILITY (MARINA AND BOAT STORAGE) WITHIN THE IMMEDIATE VICINITY AND ITS CONTINUED USE FOR THIS TYPE OF OPERATION IS IN ACCORDANCE WITH THE PROPOSED TOWN MASTER PLAN. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because IT WOULD CONTINUE AND MAKE MORE EFFECTIVE ITS PRESENT.USE (MARINA AND BOAT STORAGE). .(ALTERNATIVE USE OF THIS SITE FOR A MOTEL IS NO LONGER IN CONSIDERATION.) STATE OF NEW YORK ) ) ss COUNTY OF Signatur Swornto this .............. ..................... day of...... ............................ 191�01 j:c.�:,.....6.40A.Q................ Notary Public 7 sta of um Yak No.47MM Qmft In C61 W beDorl DOW Nov 30,19.gp REVISED 08/08/1989 QUESTIO14NAIRE TO BE COMPLETED AND SUBMITTED 4KTH YOUR APPLICATION F071U4S TO THE BOARD OF APPEALS Please complete, sign and -return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes o b)Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No - - 4. Are there any existing or proposed fences, cpncrete �— barriers, decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:: _ RIDGE 45 ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board S�IRMITfED Ye No Town Board o0 Town Trustees es No County Health Department Yes No Village of Greenport Y o N.Y.S.D.E.C. PERMIT ISSUEC) 11/28/88 Ye Other Yes Np 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes S 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion- of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time MARINA - BOAT STORAGE - BOAT SALES and proposed SAME AS PRESENT Please submit photographs for the record. certify that the above-.statements are true and are being submitted for \,\ I F by the Board of Appea in considering my application. Signatiare (PropertyiOwner) (Authorized Age 1/88 - WETLANDS [Amended 8-26-76 by L.L. No. 2-1076; 3-2G- 85 by L.L.No.6-19851: r A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: 1 (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESIiWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 'I ( 0705 2•26•85 a� 14-1622 (2J87)-7c 617:21 SEQ R Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in 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 determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF 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 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 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 additiona, information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. NAME OF ACTION Port of Egypt Enterprises , Inc . LOCATION OF ACTION(Include Street Address,Municipality and County) Rte . 25 , Southold, N. Y. 11971 NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Peconic Associates Inc . — Merlon Wiggin, Pres . (516) 477-0030 ADDRESS One Bootleg Alley CITYIPO STATE ZIP CODE N . Y. 11944 NAME OF OWNER(If different) BUSINESS TELEPHONE Bill Lieblein — Port of Egypt Enterprises , Inc . (516 ) 765-2445 ADDRESS Rte . 25 CITY/PO STATE ZIP CODE Southold N. Y. 11971 DESCRIPTION OF ACTION errection of a 25 , 440 Sq. Ft . boat storage building Please Complete Each Question—Indicate N.A. if not applicable A.. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban LNIndustrial ❑Commercial ❑Residential (suburban) ❑Rural(non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: 2 . 1 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 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 ECL) acres 0 acres Water Surface Area — water 0 . 1 acres 0 • 1 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 2 . 0 acres 2 , 0 acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? F d — Fill Land Dredged M a e r i a l a. Soil drainage: ❑Well drained % of site ❑Moderately well drained 20 % of site ❑Poorly drained 80 % 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? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes CRNO a. What is depth to bedrock? N/A (in feet) 2 5. Approximate percentage of proposed project site with slopes: ENO-1 0% 1 y o % 010-15% % ❑l5% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? []Yes X]No 7. 'Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes [JNo 8. What is the depth of the water table? ± 3 Lin feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes LfNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes ®No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes ffN0 According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes ERN Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ADNo If yes, explain 14. Does the present site include.scenic views known to be important to the community? ❑Yes CkNo 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A a. Name b. Size (In acres) 17. Is the site served by existing public utilities? Z]Yes ❑No — water a) If Yes, does sufficient capacity exist to allow connection? nYes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes nNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes [No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ZINo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: 2 . 1 acres initially; 7 acres ultimately. c. Project acreage to remain undeveloped none acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing 165 ; proposed 64 g. Maximum vehicular trips generated per hour 15 (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 45 ' height; 120 ' width; 212 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 240 ft. 3 2. How much natural material (i.e rock, earth, etc.) will be removed from the 0 tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ONo KIN/A a. If yes, for what intend _ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONo c. Will upper subsoil be stockpiled for reclamation? ❑Yes ONo _ 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes J�JNo 6. If single phase project: Anticipated period of construction 6 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ONo 8. Will blasting occur during construction? Dyes IRNo 9. Number of jobs generated: during construction 6 ; after project is complete 2 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? Dyes ®No If yes, explain 12. Is surface liquid waste disposal involved? Dyes KINo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑Yes []No Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes k3NO _ Explain 15. Is project or any portion of project located in a 100 year flood plain? WYes ONo 16. Will the project generate solid waste? ®Yes ONo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? [ Yes ONo c. If yes, give name S o u t h o l d Town L a n d f i 11 ; location Southold d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes &]No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes 91No a. If yes, what is the anticipated rate of disposal? ton./month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes No 19. Will project routinely produce odors (more than one hour per day)? Dyes ffNo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes MNo 21. Will project result in an increase in energy use? nYes ❑No If yes , indicate type(s) e l P c t r i c n l h u i l d i n g 1 i o h t i n g 22. If water supply is from wells, indicate pumping capacity N/a gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. ( seasonal — May through October) 24. Does project involve Local, State or Federal funding? 'OYes ONo If Yes, explain 4 25. 'Approvals Required: - Submittal Type Date City, Town, Village Board iYes No City, Town, Village Planning Board L,Yes ❑No Southold Town City, Town Zoning Board ®Yes ❑No Southold Town City, County Health Department ❑Yes I3ONo Other Local Agencies ❑Yes QNo Other Regional Agencies El Yes IJNo State Agencies LNYes ONO New York State D. E . C . Federal Agencies ❑Yes ®No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? LRYes ❑No If Yes, indicate decision required: ❑zoning amendment Ezoning variance &special use permit ❑subdivision Usite plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? C—Light Industrial ` 3. What is the maximum potential development of the site if developed as permitted by the present zoning? geP attached plan 4. What is the proposed zoning of the site? no changQ from present — C—Light Industrial 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? gYes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? see land use map 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? UYes ONo 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? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes tlNo a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes [JNo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details 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. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor a May 10 , 1988 Peconic Associates , Inc .. Date Signature Title President If the action is in the Coastal Area, and you are tate agency,complete the Coastal Assessment Form before proceeding with this assessment. 5 14.14.11 •::•87}-9c 617.21 SEAR Appendix B State Environmental Quality Review Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/4.1/z 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ IN ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ® ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ CE Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ IN • The State Forest Preserve? N/A ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? N/A ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? N/A • National Park Service lands? N/A ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? N/A • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? N/A • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? N/A • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? N/A • Municipal park, or designated open space? ❑ ❑ ❑ CYO ❑ • County road? ❑ ❑ ® ❑ ❑ • State? ® ❑ ❑ ❑ ❑ ' • Local road? ® ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal?(i.e., screened by summer,foliage, but visible during other seasons) ❑Yes MNo 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? Ll Yes ❑No 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a mile *1 mile Essentially undeveloped ❑ Forested ❑ Agricultural ❑ Suburban residential Industrial Commercial ®� ❑ Urban ❑ ❑ River, Lake, Pond ❑ ❑ Cliffs, Overlooks ❑ Designated Open Space ❑ ❑ Flat ® ❑ Hilly ❑ E) Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: •1/2 mile ®Yes []No *1 miles MYes []No •2 miles ®Yes ❑No •3 miles ®Yes ❑No ' • Distance from project site are provided for assistance.Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is 5 to 10 , 000 NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ® ❑ ❑ ❑ Involved in recreational activities ® ❑ ❑ ❑ Routine travel by. residents ® ❑ ❑ ❑ At a residence ❑ ❑ ❑ At worksite ® ❑ ❑ ❑ Other ❑ ❑ 2 FORM NO.3 r r . TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. r NOTICE OF DISAPPROVAL Date . . . . . . PlAt . �?r. . . . . . . . . .. 19A). . To p PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . ��. . . . . .. 19 .\. for permit to C. {.c,, , , '�Jt. .S -�o�yx.. . . . . . . . . . . . . . . . . . . . . . . . ` at Location of Property .�"nG—Z-. .. . . . . . S.;-1VIS,I �• House No.. . . . . Street Count Tax Ma No. 1000 Section . . . Q.�� c 1�'Y P . . . . . Block . . . . . . .b . . . . . Lot Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .0-A:L aSL. x 11 x . .. ....I . .Q . . . . . . . . . s�--p. . Qom: . . . . . . . . . .�. ;. . as. . . . . + . . °�-. • . . . . . . . .�. .��. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,ee-o-*GLA-� Building Inspector RV 1/80 . 2 3. Nature of work (check which app":,;.ole): New Building . . X .'. , , . . Addirl-bn . . . . . Alteration Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition- . . . . . . . . . . . . . . Other Work . . . . . . .?. . . . 4. Estimated Cost . . . . . . . . . . . . . . . . . --- (Description j . . . . . . . . . . . . . . . . . . . . . Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) 5. If dwelling,number of dwelling units . . .NSA .. . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . If garage, number of cars . . . . . . . . . . . .NSA . . . , 6. If business, commercial or mixed occupancy, specify nature and extent of each•type•of use . . . . . . ' . . • . . • . 7. Dimensions of existing structures,if any: Front . . . . . . . . . . . . . . . Rear Depth . . . • . . . . . • Height . . .. . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front• . • • . . . . . . . . . . . . . •Rear . . • . . . . . ' . Depth . . . . . . . . . . . . . . . . . .... . . . Height . . . . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . 8. Dimensi36nj gg eE kVuew construction: Front . . . ?0 -ET; • • • • Rem . 120 FT: , Depth• .212 .FT. . . . • . Reioht Number of CtnriPc ONE ' 9. Size of l�V#'ro tEA. . . . . .820,FT: . . . . . . . . Rear . . . . . . .820 ET:.. . . . . . . . .Depth 300+ FT. . 10. Date of Purchase Name of Former Owner• • • . .. . . . . . . . . . . . . . . . . . . . 11. Zone or use district in which premises are situated . . . . . . ...C" .��QHT. • ' 12: Does proposed construction violate any zoning law, ordinance or regulation:• • •NO • • • • � • • ' ' 13. Will lot be regraded • PORT-OF.EGYPT•BVi•ERPR1SE3 i j1ill excess fill be removed from premises: Yes • Nr' 14. Name of Owner of premises &•C. •& L. -REi4L•TY;•INC-. •address SODULD,,NY , , , • , , . . .Phone No.765-2445 Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . .Address . . • • ' . . . . . . . . . . . . . . . . .Phone No. . . . . . Nameof Contractor . . . . . . . . . . . . . . . . . . . . . . . . . .Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions froi property lines. Give street and block number or description according to deed, and show street names and indicate wheth( interior or corner lot. - SEE ATTACHED SKETCH. STATE OF NEW YORK, S.S COUNTY OF . . . . . . . . . . . . . . . . . • • • • • • • • • • • • • . . . . . . . being duly sworn, deposes and says that he is the applican (Name of individual signing contract) above named. Heis the . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . ... . . (Contractor, agent, corporate officer, etc.) • • . • • • • • ' • ' of said owner or owners, and is-duly authorized to perform or have performed the said work and to make and file thi: application; that all statements contained in this application are true to the best of his knowledge and belief;and that thL work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . . . . . ... . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . . . . .... 19 . . . NotaryPublic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Signature of applicant i FORM NO. 1 TOWN OF SOUTHOLOf BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined . . . . . . . . . . . . . . . .. 19 . . . Received. . . . . . . . . . . 119 . . Approved . . . . . . . . . . . . . . . .. 19 . . . Permit No. . . . . . . . . . . . Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Building Inspector) _ APPLICATION FOR BUILDING PERMIT Date FEBRUARY. ,25,. . , • , ., 19 8f INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app cation. c. The work covered by this application may not be commenced before.issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan( shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tl Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in building for necessary inspections. PECONIC ASSOCIATES,. INC... . . . . . . . . . . . . . . . . . . . . (Signature of applicant, or name, if a corporation) P. 0: BOX. 672,. GREE. . . .NPORT. ,• NEW. YORK• -• 11944. . . . . . . . . . . . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde AGENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of owner of premises .PORT -OF •EGY.P•T •E4T•E•R4:)B•I8E8•,• -INC... &• C•.• &• L•.• REALTY•,• INC.. • • • • • • • • • • • • • • (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer. (. . .� .;. .;. �. .� . ":. , PRESIDENT (Name and title of corporate officer) Builder's License No. . . . . . . . . . . . . . . . . . . . . . . . . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No. . . . . . . . . . . . . . . . . . . . . Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . 1. Location of land on which proposed work will be done. ARSHAMOMAQUE, SOUTHOLD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . House Number Street hamlet County Tax Map No. 1000 Section . . . , , . , 056 D516 . . , , Block . . . . . 4 . . . . . . . . . . Lot 10.1 11 & 13.2 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . , MARINA AND BOAT STORAGE, . . , . . • . . I . . . . . . . . , . ; . . . . . . . b. Intended use and occupancy , MARINA AND BOAT STORAGE... . . . . . . . . . . . . . . . . . . . . . . . . . . March 2 , 1988 To Whom It May Concern : This letter authorizes PECONIC ASSOCIATES, INC . to act in my behalf in . making applications and securing necessary permits relative to the construction of a Boat , Storage Building for an existing marina ( Port of Egypt Enterprises ) for William Lieblein , located on Route 25 (Main Road ) , Southold , New York . AUTHORIZED BY : NAME: DATE: REVISED 08/08/89 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE to the Board of Appeals of the Town of Southold TO ADJACENT TO: PROPERTY OWNER ARMANDO CAPPA WILLIAM LIEBLEIN AND WIFE C & L REALTY MAIN ROAD CENTRAL AVENUE MAIN ROAD SOUTHOLD, L. I. GREENPORT, L. I. SOUTHOLD, L. I. NEW YORK - 11971 NEW YORK - 11944 NEW YORK - 11971 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) ( �) ( � ) �) (circle choice] 1 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: MARINA WITH SALES; REPAIR FACILITIES; AND BOAT STORAGE. 1 {I 1 3. That the property which is the subject of such Petition is located in the following zoning district: IT 4. That by such Petition, the undersigned will request the following relief: VARIANCES: FRONT YARD 25' (CODE 50'); SIDE YARD 15' (CODE 301)• 40' FRCM WATER ( ODE 7 ') ANn InT rrn�FRAi,F 30.78'/0 (CODE 30%) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ,XI Section 1D0-121C_ 122 (PKr Q. I OT r OV 100 2_39 _) [ ] 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) 7�5-1809. i 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 10, 1988 PECONIC ASSOCIATES, INC. Petitioner 0 w n e r s ' N a m e s :PORT OF EGYPT ENTERPRISES, INC. Post Office Address ROUTE 25 SOUTHOLD, L. I., NEW YORK 11971 Tel . No. ( 516 )765-2445 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAI ING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 740 401 802 P 740 401 801 P 740 401 800 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) NOT FOR INTERNATIONAL MAIL (See Reverse) � Sent to Sent to Sent to (See Reverse) ARMANDO CAPPA WILLIAM LEIBLEIN AND WIFE C & L REALTY Street and No. MAIN ROAD �r fflt AVENUE WiNd�W P.O.,State and ZIP Code P.O.,State and ZIP Code P.O.,State and ZIP Code SOUTHOLD, NY - 11971 GREENPORT, NY - 11944 _ Postage Postage S( Postage S Certified Fee Certified Fee ((� Certified Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee_ Restricted Delivery Fee Restricted Deliver v:r Return Ree ipt�sh ,F .... Return Receipt showing Return Recei t ing. to whom dCD e. a etl 11 to whom and Date Delivered to whom an Da Deli Bred Ln 00 Return ece t'showi to o w rn P cO Return Receipt showin to whom, Return Rec ipt hoa�iryg�Y?.w ornf, d Date,a d A dress ofYDe};ve y�J r Date,and Addr ry Date,and A d re! s of Deli�vei /� TOTAL osta�e and Fees 5 ' TOTAL Po e 1 ' TOTAL Post!e ees m Postmark or`D e [;" 46 o Postmar or aYe� Ap� �; o Postmark or Date E E r, rn U. �� `1 ?G~ N a a a STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: residing at _On✓/� ��7Z16714 11a" � being duly sworn, deposes and says that on the / z.J*ay of X"A a Sr , 19 , 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 curren assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at 4;2.��7✓,00.PTI /1/~ !�® �, ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this I�l 'i"t, day of 019 _ Notary�P�uub��lic aPJI�EIH. 111110y Pdk No.470 d Now Yak Qnmw in Soak ft" CEOAalil dm E*ft Nov.30,10_9P (This side does not have' to be completed on form transmitted to adjoining { property .owners . ) �i. 66 NICE - 66 sell M CAP MEL AMINO Jim sm u: ar 75 r a � t DAY STACKER (Pre-Engineered Steel Boat Storage Systems) Ass- ling ro y ...,�� ,r g v Manufactured By: G3v O. LPErJ rI-3vIArJT Golden Giant 26 Gauge Galy, I Roof Panels Open Web Frame System 8" x 3" Purlins Bracing for Lateral Wind Loads \ u "I" Beam Structure Throughout a� a � - 8„ x 3„ - Girts E - - m m c — > CU a m cc I i / J "I" Beam Structure Throughout `\ I � v _ - - - - - - - - - c _ _ _ � — � � „. .v. - �..� � � .-:i�!�F^ 11 Lr�.'t a ,; a a, J -I _ a I lil_I !li�i':a _Ilhl!_IjIY� � u ,i. _ _ I III�r=!i a S o .. CIS — lid Variable f Variable I� Variable i • The system designed solely for multi-IEvel boat rack storage (not converted • Arrives at your job site completely pre-manufactured for quick and easy GOLDEN GIANT warehouse rack). assembly. • Manufactured in accordance with national standards under supervision of our • Certified plans available to help obtain required zoning and building pen-nits. DRY STACKE professional engineers. Designed in accordance with the American Institute of e Assembly assistance available. Steel Construction (AISC), the American Iron and Steel Institute (AISI), and the cold formed Welded Structural Steel Tubing manual. • Roof& wind loads as required in your area. ,w �•.- ^'`� Ei ti •,: � :_ j a a. A single rack with easy outside access. Racks can be built into a fire wall. Ample space inside the buildings for maneuverability. Vertical I-beam columns are punched to allow independent adjustment of the I-beam girders. Steel Roof Deck 8" x 3"Zee Purlins Level Chord Trusses s Chord Braces Adjustable Rack Columns are Punched to Allow I Independent Adjustment of The I-Beam Girders Optional Full Cut 2 x 12 Bunkers Adjustable I I Rack ---------� ---- I-Beam Girders Sized ' According to Specific Capacity Requirements L, ,J Adjustable ` Rack Adjustable Bunker Mounting Typical Storage Position i "I" Beam Columns i Adjustable Rack 20'-0" 20'-0" Variable if Required - -_ - - ---- " DOUBLE WIDE --- ----__ --`= - - i SINGLE CONVENTIONAL GABLED GOLDEN GIANT, INC. Distributed By: Kenton, Ohio 43326 MARTIN WALTER CO., INC. 1135 419 674-4038 P. o. BOX WEST HANOVER, MASS. 02339 (800) 472-2316 (Ohio) (617) 878-1216 (800) 828-1209 (Outside Ohio) Diy" 7;I;..tcrk uper.tl,.1olks I'hy:stu;t., r1.t:'Pr_ itnIL<a1;1OnS ` The design of an., effict.nnt dig stack ator.ago "faclllt:y hinges on. t)te sizes Of the typical boats beingg -otored and the forklift tieing used to. move these boats . , The 4ndustry standard for marina fork t.rIIc:k:3 rotas evolved t'•.o the point, where all. these machines have vertica]" lifts of: 30 , up and 10 ' below grade to allow for "launching the bout.:, . ( See Figure 1 -Di,mensions- ,f&ll) . Lifting capacity Is rated .at an eight foot load c•ent:er . , The letigt h of 'the forklift, as well as the, length of the forks , 1r, based on that: capnciLy, Forklifts which .can handle 12, 0.00 pounds at 8 ' are now average and many facilities have machines that can handle 20, 000 pound.=, at 81 . Most machlees in the 12, 000 pound class have a length of 17 ' -1'9.' from aft end to the face of the carriage . The larger machines may be 'a, foot to 2 feet longer . ( See Figure 1- Dimension l3) These mach i nrr; typic.a 1. l.y pi ck up boat:.:. that: 'are 30 to 35 feet lonq. Combining the length of the longest boat, say .35 feet with a 19 foot machine and allowing one foot clearaii,:-f! between the store of the boat and the, forks -yields an overall length of 55 feet . ( See Figure 1-Dimension X) When maneuvering the forllift to place the bout on a rack, the driver must judge when to turn so Lh;it he will, be 'liner.t up with the slot. lie must be, careful first of, the bow as i.t. Swingy so as; not to strike the sterns of the boats near the designated slot: . As he lines up on the slot he must be carefull not to back up .toot $ ar anel strike Liu- !stern of the bottom boat_ in the rack across from the de.sU(jn.at�-rd slot . Obviousl.,y, the" driver must possess a combination of: skill., deht.h L)ercepL` ion Mid nr!r:v(�:_ The wider the isle the easier it is to line up otl, they slot and the less chance there is for damage . At this point it should be stated that the most frequent causes of damage to boats in drystack occur during, this phase of, handling. If the building is not wide enough, howrails or bows strike drives or outboard motors on. stacked boats or , fork lifts are backed up too far and strike the drives on stacked boats . This owner, must balance the increased construction costs for. a larger building against the reduced "chances for damage over the Life ,of: the building when de signing a st,or.age building'. The minimum clear isle should exceed the combined lerlg.th of the , forklift and its boat by 10 feat- , and 15 feet is more thass sufficient. Assuming .an overall boat all(] machine length of 55 feet arid` the optimum maneuvering clearance of 1.5 ' yields 70 feet- for the isle . r . To determine the width of the huildin(j we must add the lengths of the boats together, which yie.ldr, 70 feet., assuming ran overall lernth of 35 feet per boat . We must remember that the walls that sheets are fastened -to are usually 8" wide on each side, and we have to leave 8" to 10" between the. buw and the wall to minimize bow damage-,.-so we need another 3 feet . (Refer to Figure 2 ) Adding all these figures together yields 1.43. feet .as an outside or dimension . The constraints of increased construction costs and land cost t e t. nv.a i lnbi l ity, unual.ly f.orco t:)-tn awrinr kcr work urtdp,.r, the. optimum o>` .190+ Le A large nt,imber of f:acilitli?s have recently been built .using a 130 .foot width as an acceptable compromise . , tlavi rig . addressed the needed width of a building., ' the owner must next address Llie widt:h and heiclht requirements of each slot . To do. this he must make some assumptions regarding the widths .and heights of the .typical boats lie will store . In the past: most boats in dry stack were of the small trailerable type, so they ttad a maximum beam of 8 ' and usually were 6 ' to 8-0 ' l ^t 9 l/2' to lO ' being bigh . Wide beam |)unL3 | p oow hncump very popular '' �> m.`rh m'`r, At A |: imp hardtops and ra� arches are also nin" v ,,increasing Lbe boat heights io 11 or: l2 feet . . At this Duint it. ' obooLd be obvious LbaL some educated guessing most be dnue . Not all the boats will be overwidtb, riot all will be extra high . ' 1,(.,.t addresn widtb firni ' In ihe early days / of dzyaLackiug/ most racks were of s-Ioglc widU/ ( one hoat wide ) and most. were 9 ' wide, le'iniog a Gn gap nu each side of ao 8 ' bpam bnaL ' ExDnzieoce has shown tha.L this is adequate clearance . ' In i}m past. (nn yearn , Um use n[ double width structural steel racks |iao beome quite DoPular . When the rack can hold two hoatn' it is possible to mix wider boats With narrnwpr boats . The downside in that if the larger/wider boat is much hiqhpr than the narrower boat, the unused space over' the low boat ] o \ ont . NuLp ihai in the sing1e wi�dLb bays' uoe can adjust the bars to fit in more boats, vertically if tbey` aze smaller ' ( Some desiners ad- vocate a mixture of widtbs say, 1.8 / , 20 ' and 221 ) ' Bear in mind tbat if the ` slots are too yidp/ unneceo�ary space is being wasted ' Based nn a mix of 8 ' beambnatn with I/2 ' and lU ` beam bnats' a 21, / clear bay appears to be a good cnmyromine . If the bu;.iis are on1y O ` wiJe, no Loo much space is wasted . Yet.- it neceszacy Lwu IU ' heam hoatn c�o bn agocozed in . ( See �iguze 3 ) ` The last cun�idecatinu L; height . & 1.yDical supppurt beam is 5m/8» high and the support. Mocks for ih^� boat are IOr or 12" b\ gh . The combined height is abooL l l/Z feet . Most dzyatackn are now designed tu be 4 rai:ks higb , Since the forklift has a maximum beight of 30 / ' tho 4 support beams must be uodcr ikaL lO ' height: . � By /!llmlnaiixq |]a b .iiom ,opDozi beam, tAh, knLtom boat can. be placed Closer Lo tbe [ \ uor un a movahle zack . The side benefit is that w)`ei/ the boat is launched,, the driver can park his car in hi'3 buaLs alni . � . Assuming this upLion 'we :ire left with J beams l 1/2 feet .high fora total of x I/2 [e"L of vnriic�l spar, lost: under' ihe 30 ' lift of the forks . That means the available_ vrrtical space is 25 1 /2 feet , Assuming all even split we have. n|wot 8 1 /2 fpoi per s | nt . Some taller boats can be <accomodated by potting two low boats over two Lal1 boats art,.] adjusting the baza ` ` acrocdiug]}' The most logical placu io poi ihe talIest boats is on the Lop rack , adjusting the heightor the bojldiny to accomodaLe the taller boa Ls . . ' We F;aiol, razlior that. bnoio with hazdtn[s are about: U. 1/2 feet taIl . If we add this to Lbe 30 ' heighL of the fully raised fork liflL we have 41 1/2 ` ! feet . Adding a foot Lo t>iis for roof porl .ios and a liLtle clearance and we are at 42 1./2 1',ct . �he hi,jhesL garL of Lite hoat is riot..- at the bow, but about 1.2 fnpi back , and thpzp w\ II })n ��nmn ��l'`.xcaocc bo�wpcu thu bow and th� wall . if the hvi \ Jing has i l in 1.2 pitch cnn[ ( l / drop in 1.3 / ) and tile ' hlgbpst pojot of ihe kuat is l? 1/2 ' from the wall and the building is 230 ' wide and we starL at 42 1/2 [neL, then the peak will be 45 ,. -high .. r lt is for Lhln ccan^o i|mt tbn cross :pciiou of mo-,i dr]/otack buildings will show a 130 / building wlLh a 46 peak and boats racked 4 high on each side . ` To make Ale buildings more apD .aling' many have gambralled or barnIike roofs, thoh dn"nioo t:he nave height down to 251 ' ( See Figuze 2 ) ' Dry Stack Operatinus ''Econnmic Criteria ^ . , DrysLack uyeraLions have been around for over. 25 years n6v. They have * been and become inuch more sophisticated and tbe economics of dry, stack upccati^no kavn hpeo aoa] yzpd by many people . Aliiodustcy atamdar� �oz t�e minimum s.izc of all economically vlable operation is 200 boats . For the- kU,yvoC� of- �}�\o [op0ri, we wi [l look ait d 16V b0. t =1Ci ] ��. First lets look at Tille initial costs involved setting up a facility: .Tbe numbers in the tabl- - below are based on quotat� s from 1988 or 1989 : Foundation and Floor $80,000 Building " Materials 200., 000 Erection Costs 50, 000 Timber supports for Boats 5,,000 Galvanizing Sup[port Beams 10,000 Lightsd and Water 10, 000 Insulation 20,000 Administration--Permits etc. 10, 000 Landscaping and Parking 10, 000 Sprinkler (Optional ) 50, 000 Forklift 100,000 Bulkhead and Docks 10, 000 $555, 000. Now let 's look at -operating costs : Monthly ,. , Annual $555, 000 Building .Amortization--15years @13% 7,021 84,252 Property Taxes 11250 15, 000 ,Building Insurance 417. 5, 000 Subtotal 8, 687 104.,252 Variable Costs Salaries Utilities Liability'Insurance Maintenance Dry stack -Income analysis As the boating boom. cont-inues, there is a rising demand for berthing .' facilities for these boats . In addition the demand for inside winter storage is extremely high. Initially in this analysis we will assume that winter storage income will be ' the only income available to pay expenses . (at the present time existing, High & Dry facilities. are at less than 100% in. season) }` If the average boat length in winter." is 23 feet we can calculate .the net storage income per boat as follows : Present inside storage rate $40 x 23 ' 920 Less bottom washing fee which is included -69 Less engine winterization which is inc. -175 Net income per boat 676 Drystack Expense versus Income Analysis Annual Expenses Subtotal 104, 252 = 154 Boats Net .Income per Boat . 676 It is obvious from the above calculation that winter storage alone will. . not carry the project even .at 100% capacity unless the average size of the boats is higher or the rates are raised because there is -no allowance in .the - above for variable costs . - ' Al,.;() n i dm o o�c iha � � o . vn aoal�� ' ihoc, ` \ s � allowaore for, the ` :oo\ `[ 1 -I/`d [ [ m`o �� mp: t}ut ik, rnnL Of id to build such e ' whicb is probab]y 1uw ) it is obvious we need � l t [aci ] it] of) is 11550^ 000 < more iocome . That- is why it is usually accepted that one oeeds a 200 boat tacility to make it viable . ' ' If the facility is run just as a drys ( in and out ) with no )«ioter storage , the average charge per boat would be abnut $l75U . At l00% . � ^ capacity � 280 per that translates into about � ' O00 p year . � � The s` btotal of $104' 2SZ does riot change, huwever we now must aoalyse tbe 'variable cnsLs more closely ' To rover for oevcu days a week [oc ll bonr� day ay we will need 3 fuzblift. drivecn at about- $650 pnr wpek with benefits plus a maoagec arid bookkeeper ( parLiimr ) for ubnnL $60, 000/year for both . , So our labor costs are Mgr . and Bookkeeper G0' 000 ` ] Drivers and 52 wks . z6F0/wk driver I01' 400 ' l6l, 40OU Let ' s assume $550/ 000 land cost- and 12 1/2% and 1.5 years to . pay and we ' ll have. tbp camn `aonunl [`aymcoLs as tbo builJing or 84, 252 t i e haxe Combining our M�ree major exgeosc ca egoc es w DuilJjog l04 , 252 ` Labor 161./ 400 ' Land 841252 ' 349 , 904 � . ` 0uc incomc Lo lay uy agoi s �280, 00 pez yea so we aze 70^ 000 sborL . To bzeak,vco we net-2d iu du (Me uz More of Lbe following: / get rid of Lhc manjgcr oc cut his pay D .Pay ibo r1civncs lens C . GeL a Io«vr ioLereo1: cate nn the bui1dinq b . Make thp building biggpx / ' Let ' s look at. ugtino xD" above ' Our cnot per bay or slot is 365v000 d�vided by 1,60 boats or $7281 . lf wn ansome we can add additional bays for . that. price let ' s add 40 to g \vo uur�(2lves 200' slots . Thato a total cost .of $91, 250 that will add $1150/mnnt\i or $13' 800/yezr to Our operating costs . At $1750 incomp per boai thp 7,amn 40 boat-, wi | l })c iog in ?0' 000,.We have now increased our net ceveuues by 56 / 2U0 oown are nuw short only 13vJ800v close euooyh to bzeakonen to jusLily Dzuceedlug . . ' , Applying all the above criteria to PozL of 8gygt ' a proposal would lead uoe to ual' iL is nuL economically teasable ' However there are mitigating f actors ' We a \ ceady own d'e land' and at presenL tbjs la rid 'is geoecatiog no � ( or littIc ) rcvnuoc ' wp havr� an ezintiog forklift operation to share the costs i h w . Our present management will manage the new . facility. � ' ' ' ' . ` Project Kilecl nn Town for ! H Ly will providn Inurpann in -access to the waLer. WE both 1 n town and vial: 'of town residents There will he a WHIP down effect from the dollars spent by the boat owner5 in town . More. .jobs will be creond for town revidenkv & Not ornly will, the t.ax ba.-3e In I he t,pwn be improved ME the salvo to rovonuos will be wouh greatrr . The addiLlon of these 160 WoLs will hgvn minimal OKA on the waterfront- as no. new dredginif will be requyloo . r Marina Plan Near Ruling By Bill Fallon of the ZBA. SOUTHOLD—A 2 1/2-year-old plan Flynn in Opposition to build a boat storage facility at Port of Environmental activist Frank Flynn Egypt Marine in Southold could be of Southold has made several appear- nearing an end. The last opinions—if ances before the ZBA to say why the there are any—must be filed by April project"would have a devastating effect 19 and then the Zoning Board of Ap- on the environment." He also says it's p peals(ZBA) will decide if the 152-boat illegal."Southold is no longer a fiefdom storage building will become a reality. where variances can be given like lol- The proposal currently before the lipops to a favored few,"Mr.Flynn told ZBA is for a 204 x 125-foot facility set the ZBA in December. "Southold, un- back 40 feet from the water. William less I am mistaken, is located in the Lieblein, who owns Port of Egypt Ma- State of New York and [is]subject to its rine,said Monday the facility can house laws." between 144 and 152 boats,depending Whether Port of Egypt needs the ex- on the size of the boats. panded space has become one of the side In order to build,Mr. Lieblein needs battles of this dispute. two breaks—called variances—in the , Town Code, for having less than the al- "The issue here is increased lotted setback in both his back and side profitability as the basis for granting yards.Two more variances—for build- variances," Mr. Flynn maintains. "The ing size and a third setback—have been law is perfectly clear in its dismissal of dropped because new designs eliminated such grounds." their need,according to Mr.Lieblein. But Mr. Lieblein sees it differently. Mr. Lieblein said the project has the He says he needs nearby access to the approval of both the Department of En- water and modern facilities to attract vironmental Conservation and the town business. "As one of many small busi- Planning Board, although those ap- nesses struggling to survive in this provals alone will not allow for con- town, I ask that you consider the facts struction. To sink a foundation using before you and make your decision as the current blueprints,he needs the okay expeditiously as possible,"he said. L lZrIl aroma Phan Advand es The Zoning Board of Appeals Tuesday i,'.-'The new building is to be used for night cleared the last major hurdle Or: winter storage of boats, which Mr. Port of Egypt owner Bill Lieblein when•,. Lieblein maintains is more desirable it ruled in special session that than "shrink-wrapping" them outside build a 204- x 125-foot boat storage;;:,,::with tight plastic. building. The project has been in the' project has been opposed by a works since November 1987. a Port of E :,:..,number of environmental. and civic :- gypt was granted the last -groups and been .blasted repeatedly by remaining variances it had sought. e. activist Frank Flynn, who,has said the building will be 15 feet.from they t sole purpose for the building was in- lot line,insicad oP25;fee •and it will be creased profitability. "The law is per- 3$.feet from Partf>rgypt's canal;in- fectly clear in its dismissal of such stead of e 75 Town Code feet proscribed in`the grounds,"he said. 4 The board apparently did not fully x`W going to get rid of tie agree with Mr. Flynn, although Mr. [Terning Point] gift shop to bring T& Lieblein pointed out that he has made lot coverage down to 30 percent,"Mr. many changes to accommodate planning Lieblein said. He said that move will and zoning concerns. Board chairmaei t save him from shaving 14 feet off the Gerard Goehringer could not be-reached back of the building to meet the Town for comment by presstime. Code coverage requirement. ;. Bill 411on e- LIBER85124 pAnt"129' CORRECTIVE DEED CONSULT YOUR LAWYER DRE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 20th day of September. nineteen hundred seventy-eight BETWEEN WILLIAM J. LIEBLEIN, residing at 125 Sterling Street, Village of Greenport ,' ;Town of Southold , County of Suffolk and State of New York and HERMAN K. . LIEBLEIN, . pE!,9iding at no .number Hippedrome Drive, Southold, Town of South0"ild 'County of Suffolk and State of New York. party of the first part, and PORT OF EGYPT ENTERPRISE INC. ,!l a domestic corporation having its principal place of business at no number Main Road, Arshamomaque, Town of Southold, County of Suffolk and State of New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ii ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situates lying and being in tile Hamlet of Arshamomaque, Town of Southold, County of Suffolk and State of New York bounded and described as - follows : BEGINNING at a monument on the southerly line of Old Main Road at the northeasterly corner of land conveyed by the parties of the first part to the party of the second part by Deed in 1970; from said point of beginning running along said southerly line of Old Main Road , North 87 degrees, 38 minutes, 30 seconds East , 477,45 feet to a monument ; thence along land of Becker, South 26 degrees , 47 minutes , 00 seconds East, 409.0' feet to ordinary high water mark of Budd ' s Pond ; thence westerly to a point on said ordinary high water mark which is South 78 degrees , 03 minutes., 10 seconds West, 514. 71 feet from the last described point; thence N-7.0% along said land conveyed by the parties of the first part to. the party of the second -a-r4t , five courses : North 12 degrees, 38 minutes , 00 seconds West , 226. 0 feet to a monument ; thence (2) North 64 degrees , 55 minutes , 00 seconds East , 12.'0 feet; thence . (3) North 25 degrees, 05 minutes , 00 seconds West, 35. 0 feet ; thence (4) South 64 degrees, 55 minutes, 00 seconds West, 12�-0--feet; thence (5) North 25 degrees 05 minutes,, 00 seconds VD West ., 220. 58 feet to the point of BEGINNING. 0,11 It is intended that this conveyance include all of the area C\.) between the two side lines of the above described premises. C:) This is a d ed which corrects the description of the above parcel set forthai a deed dated March 163 1972 and recorded in Liber of Deeds 8467 at page 151. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same.first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WIIEREOF, the party of the first part has duly executed this (Iced the day and year first above written. TN PRV.Siz�1CF Or,. RFAIL F. T"T"R WILLjMa_J_4e g,L-t—EB EIN OCT '33 1 ,1078 TR.,k1111SFr1Fo1 TAX, HERMAN K. LIEBLEIN .Y 7 475-00.948 t Standard N.Y.B.T.U. Far. 8001. 8-Arsi.and Sale Deed, with Covenant Against Grontor's Acts—Individual or CQrporation. LIBER 8524 PACE 327 STATE OF NEW Y RK, COUNTY OF sa: STATE OF NEW YORK, COUNTY OF ss: On the Z7 day of/�G' hl 19 ,before me On the ' day of �19 ,I.refore me personally came personally c,me ` to me known to be ke ividual described in and who to me known to be the individual described in 'and who execu d the fore ing nstrument, nd acknowledged that execut the foregoing instrument, /�14d acknowledged that execut d th same. --&xecuted the same. I f , k / I Ef11C i' NOTARY PUBLIC, Slate of Neer Y:rk ERIC G. KOCN No. 5'2-21G2100 Qualified in Suffolk County //�� NOTARY PUBLIC, State of New Yolk Terrn Expires Maid' 3U, >2'l 7 No. 52-2162100 Qualified in Suffolk County Term Txpires March 30, 197 v i STATE OF NEW YORK, COUNTY OF 55: STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me On the day of 1q , before me personally came personally came ' to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing it„trument, with whom say that he resides at No. I am personally acquainted, who, being by .me duly sworn, did depose and say that he resides at No. l that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed to said described in and who executed the foregoing instrument; that instrument is such corporate seal; that it was so affixed by order . he, said 4ubscribing witness, was present and saw of the board of directors of said corporation, and that he execute the same; and that he, said witness, at the same signed h name thereto by like order. time subscribed h name as witness thereto. I ' �. BARGAIN AND SALE DEED SECTION 05600 WITH COVENANT AGAINST GRANTORS ACTS BLOCK 0600 " TITLE NO. LOT 005000/006000 {{ WILLIAM J. LIEBLEIN and,. COUNTY OR TOWN . Suffolk. f' HERMAN K. LIEBLEIN TO Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY PORT OF EGYPT ENTERPRISES, INC.- RETURN BY MAIL TO: Schwartz & Resh, P.C. STAND FORM D OF NEW YORK BOARD OF 'TITLE UNDERWRITERS � 150 Broadway. ... D""`burcd h" New York, New York 10038 0 COMMONWEALTH LAND TITLE INSURANCE COMPANY Zip No. } Cd I o I ° 1 0 00 LU n, _U all a !0o Uj i x _ r Cl. tJ 1;r W � '-•:''-r ��• Standard N.Y.B.T.U.Form 9002•9.70-70M—Bargain and Sale Deco. with C.avenant rgam„ ,........ ... d CONSULT YOUR LAWYER IRE SIGNING THIS INSTRUMENT—THIS Ilc15T".""'4MT SHOULD BE USED BY LAWYERS ONLY. !, 1, LIBER S f 7 PAGE V .VT� p , / ��1 `. _ seventy-one n v THIS INDENTbIftE,made the /�T�' day of Ndwe'mlie`r ninetee�e>r1 nr�Street, Village of v A� BiF'TV�EEN WILLIAM J. LIEBLEIN, residing at 125 Sterling Greenport, Town of Southold, Ccunty of Suffolk and State of New York, end HERMAN K. LIEBLEIN, residing at no number Hippedrome Drive, Southold, 'Down of Southold, County of Suffolk and State of New York, a domestic party of the first part, and PORT OF EGYPT ENTERPRISES, INC. , cor oratin Navin its rinci al lace of business at no number Main .Road, sbr fi U corp orating g P p P Arsham.omaque, Town of Southold, County of Suffolk and State of New .York, '}f party of the second part, �6/I'fNES"IrTH,that the party of the first part in consideration of Ten Dollars and other valuable consideration party of the second art, does hereby grant and release unto the party of the second part, the hers r. paid by the pa y P #vy or successors and assigns of the party of the second part forever, • rov is then er s tuate, AA.�. that certain plot, pTe or par of l ndl with the btuyildirlg ar� i own o f t o d, Coun o2 u o an ate o ew br , z; lying and being in the known and designated on a certain map entitled Subdivision Map of Property '5; I situate at Arshamomaque, Town of t,, owned by C. L. Sanford Brick Co. , nc,,.,_ �I' Southold, New York, June 16, 1931, Otto W. Van Tuyl; Surveyor,"and filed 2 1931: as and by Map No. in the Suffolk County Clerk's Office on September a � Y 539 as Lots Numbers 13, 14, 15, 16, 17 and 18. `AI X j qD { ,1 T �FI TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and i,!`" roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances ..., L,!i and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. fah AND the party of the first part covenants that the party of the first part has not done of suffered anything whereby the said -premises have been encumbered in any way whatever, except as aforesaid. ") AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of r; } the first part will receive the consideration for this conveyance and will hold the right to receive such consid- ;r , eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply F; the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The -word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. I IN WffN.ESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.' I - 1 IN FRESENCE OF: RECEIVED ?:: --`------- REAL ESTUE Wil iam J. Lie in AUL 25 1978 lT El/.Ai x Alai. SU =OLK erman K. Lieblein I MU NI Y �- 4p_ —777 oy.z.ry.5.c... _.�.-------- L1�ER �'110E 33I �T OP NE YORK, CO NTY OF SuflO1K sst STATE OF NEW YORK, TY AP On t�he�` 16&day of November, 1971 , before me On the day of 19 , before me personally came personally came. WILLIAM J. LIEBLEIN and HERMAN K. LIEBLEIN, to me known to be the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, a d acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. executed the same. I tih FIj a.l S':^.1% OF tdF:J Y:"1':; NVPly;. ',:-.. •'� 7 (•,cmmissicr -7 �1I STATE OF NEW YORK, COUNTY OF sst STATE OF NEW YORK, COUNTY OF sss On the day of 19 , before me On the day of % 19 , before me personally came personally came :. F- to me known, who, being by me duly sworn, did depo!are and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the t h of that he knows the corporation described in and which executed the foregoing instrument; that he to be the Individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it wti so .that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- tion, same;and that he signed h . name thereto by like order. at the same time subscribed h name as witness thereto. it } 36argain anb £Sale �Deeb SECTION x .WITH COVENANT AGAINST GRANTOR'S ACT:% BLOCK ' TLE No. LOT I WILLIAM J. LIEBLEIN oiid ' COUNTY OR TOWN HE RMAN K. LIE D LE IN TO PORT OF EGYPT FNTERPRISES, x INC, Recorded At RegrAeu of The Title Guarantee Company + RIiTURN BY MAIL TO: STANDARD FORM OF NEW YORK SOS iD OF TITLE UNDERWRITERS t ing i-rce;—dr. 19D BkOl 'U 19y . °'"'i�'`' Attorney at Law T"IE TITLE GUARANTEE COMPANY �►�, Ajvc IOoa � ` ( 'eenP� s Zip No. 1 N FT %, . �. - - L4. IY >� I U Southold Town Board of Appeals 'y.�lol �� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516) 765-182,A t t APPEALS BOARD MEMBERS GERARD P.'GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI June 27, 1989 JAMES DINIZIO, JR. RE: PORT OF EGYPT ENTERPRISES 1000-56-6-3 .2, 3 .3, 4 MEMORANDUM FOR THE FILE In speaking today with Merl. Wiggin concerning the above pending Variance application for insufficient yard setbacks in the side, front and from the bulkhead, Merl indicated that the following information would be furnished soon for the record (prior to or at the hearing date) : (a) Plans or list of sizes available from the company designing the Pre-Fabricated Buildings with and without heights at 45 from ground to. peak. (b) Possibility of locating an existing similar size building at a height of 45 feet for the Board Members to view. Merl indicated that the depth dimensions of the boats are now greater than they were 10 years ago and therefore the additional height from 35 feet to 45 feet (see definition of "height" in the zoning code) is imperative for the project to be feasible. Also discussed was the necessary information to determine that the total lot coverage was not more than the maximum-permitted . 30 percent in this M-II Zone District. inda Kowalski 6/23/89 2:00 p.m. PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 May 25 , 1989 Mr. Gerard P . Goehringer - Chairman Southold Town Board of Appeals Main Road - State Road 25 P . 0. Box 1179 Southold , L . I . New" York - 11971 Re : Application No . 3770 and 3771SE Port of Egypt Dear Mr. Goehringer : Reference is made to your letter of May 22 , 1989 in regard to the above referenced project . Enclosed are the following : o Property Plan - 5 copies . o Project Site Plan - 5 copies . o Supplementary Parking Plan - 5 copies with letter of transmittal . o Site Survey . - 1 copy . Based on conversations with . the - Owner , it is his intent to discontinue all outside rental storage with the construction of the proposed storage building . Thank you for your prompt and comprehensive follow-up of our telephone conversation . If we can be of further help , please do not hesitate to contact either Bill Lieblein or myself . Sincerely , PECONIC ASSOCIATES, INC . 4erlon EC.—Wig Ph . D. , M. E. President Enclosures : Per Listing Above . cc : Mr . William Lieblein c7 y- PECONiC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 . Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 M E M O R A N D U M F- 0' R T H E R E C O R D TO: Southold Town Planning Board FROM: Merlon E. Wiggin SUBJECT: Port of Egypt Marine Boat Storage Building DATE : May 23 , 1989 -------------------- Following is the reconstructed chronological order of the events to date for the above referenced project : November 20 , 1987 = - Submitted project preliminary layout to Ms . Scopaz. November 25 , 1987 - - Met with Ms . Scopaz 'to discuss Preliminary Layout previously submitted . Discussion included parking requirements and the expectation that the Planning Board would request Lead Agency . February 2 , 1988 - - Written comments provided by Ms . Scopaz on the November 25 , 1987 meeting . February , March ; April , 1988 - - - - - Verbal disucssions on the February 2 , 1988 letter as it contained requirements directly contrary to meeting of November 25 , 1987 , such as Flood Zone and fuel storage . May 10 , 1988 - - Long Environmental Assessment Form ( SEQRA Application ) sub itted to Planning Board along wiTh revised Site Plan . NOTE: Environmental Conservation Law states that as early as possible the responsible agencies shall make. an initial determination and within twenty (20) calendar days a determination of significance (unlisted action . ) 1 May 10 , 1988 - - - - Federal Consistency Assessment Form submitted to New York State. August 1 , 1988 Application submittal made to N.Y. S. , D. E.C. August 3 , 1988 - - - Variance Application with Environmental .Assessment Form. submitted to Zoning Board of Appeals . August 3 , 1988 - Application submitted to. Board of Trustees. September 14 , 1988 - Trustees notified Planning ' Board that they have no objection ,to Planning Board assuming Lead. Agency status. September 26 , 1988 - Zoning Board of Appeals notified Planning Board that they have no objection to Planning Board assuming Lead Agency status . September 26 , 1988 - Plans resubmitted . November 2 , -1988 - - Minor revisions requested by D. E. C. November 11 , 1988 - - Revisions made and forwarded to D. E. C. November 28 , . 1988 - - D. E. C. Permit issued .. January 17 , 1989 - - Planning Board retransmitted requirements of February 2 , 1988. ( Submittal of September 26 , 1988 and site plan revisions of November 8, 1988 requested by D. E. C'. apparently were lost . ) February 22 , 1989 - - Planning Board again requested r. esubmittion of Site Plan . February 24 , 1989 - - Planning Board provided with background information and record of actions to date to facilitate their review. February 27 , 1989 - - Site plans of September 26 , 1988 and November 8, 1988 resubmitted as requested (third submittal ) . March 24 , 1989 - - - Planning Board requested revision of Site Pldh§ in accordance with. new Zoning Code. April 17 , 1989 - - - Site Mans revised and resubmitted in accorldance, with the new Zoning Code. 2 May 11 , 1989 - - - - Letter from Moore & Moore to Town Attorney requesting review of the Planning Board SEQRA procedures , with specific reference to statements that the Planning Board would not proceed with SEQRA until Site 'Plan approval . May 15 , 1989 - - - - Planning Board issued notification of assuming Lead Agency status . 3 PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O. Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 May 15, 1989 Mr. Bennett Orlowski , Jr. - Chairman Southold Town Planning Board r " Southold Town Hall 53095 Main Road n P . 0. Box 1179 Southold , L. I . New York - 11971 Re : Port of Egypt Marine Boat Storage Shed Application Dear Mr. Orlowski : Reference is made to the discussion that Valarie Scopez and Dick Ward had with Bill Lieblein late last week regarding the upcoming review of marina parking requirements by the Code Committee. So that subject project may proceed , Bill Lieblein has informed me that he will make available in the interim the thirty thousand (30 ,000 ) square feet of property owned by Port of Egypt Enterprises , Inc . across Route 25 for additional parking . This area would have the capability of parking approximately one hundred ( 100 ) vehicles .- If we can be of any .further assistance , please contact either Bill or myself . Sincerely , PECONIC ASSOCIATES, INC. Merlon E. Wigging . D. , M. E. President cc : Mr. William Lieblein Plan for Supplementary Parking Attached MEW/iw .-�• j o��FFot��o ' z Southold Town Board of Appeals 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. May 22, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Mr. Merlon E. Wiggin, P.E. Peconic, Associates,, Inc. One Bootleg Alley Greenport, NY 11944 Re: Appl. No. 3770 and 3771SE - Port of Egypt Dear Merl: As a follow-up to our conversation today, please let this confirm that you have agreed to send five prints of the following concerning the above applications pending with our office for a proposed principal boat-storage building: (a) Five prints of a survey or site plan maps showing all buildings, including the proposed. {If possible, it would be helpful to show the outside areas presently used for boat storage that will remain. If no outside storage of boats are shown, we will assume that those boats will then be stored inside and those areas will no longer be used for outside boat storage. ) (b) Five prints of the elevation plan of the building showing "the total height, especially the distance from ground level to the peak. Also acknowledged is the fact that we have as of last Thursday received the SEQRA coordination letter from the Planning Board, as lead agency, and our Department would coordinate comments (if any) within the next 25+- days. As you know, the premises has been re-designated on the newly adopted Master Plan Zoning Maps. As you are aware, when the applications were filed with our office, the previous zoning code regulations were applicable. Since all files must be updated under the new zoning plan, the following provisions Page 2 - May 22, 1989 To: Merlon E. Wiggin, P.C. Re: Appl. No. 3170 & 3771 - Port of Egypt according to our records will apply for the same or similar relief: Zone District: M-II As Per Section 100-122 (Bulk Schedule) , Variances Needed Based on the following: Front Yard Requirement: 50 ft. minimum Side Yard Minimum: 25 ft. minimum Rear Yard Minimum: 25 ft. minimum Special Exception application now appears obsolete (see Article XII, Section 100-121, which lists under "Permitted Uses," Subparagraph ( 5) - "Boatyards for building, storing. . . subject to site plan approval from the Planning Board." Please check one of the following two choices, sign and return a copy of this letter as early as possible: { } that you hereby authorize a correctixof your applications by our office staff in order to update the same and apply the above-noted provisions of law for this proposed principal boat-storage building; OR: { } that you prefer to have the subject applications update, together with your Notice of Disapproval issued by the Building Inspector, particularly to determine whether or not additional provisions of .law apply. Yours very truly GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Cl�horizedpSiganatui;" F Due( z Southold Town Board of Appeals 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. ✓ May 18, 1989 Attached is the Coordination Request for possible Z.B.A. concerns which we may send to the Planning Board (as lead agency) in the Matter of Port of Egypt Enterprises for their 25,440 sq. ft. boat storage building. We have applications pending at this time for a Special Exception and -Variance. (Copies attached with reduced site-plan map. ) Please let me know if you wish to comment before the deadline (within the next 25-30 days) . Thanks. lk Town Hall. 53095 Main Road �' .' P.O. Box 1179 'Ns t a�� `-N Southold. New York 11971 TELEPHONE l p� (516)7 65-19 38 G PLANNING BOARD OFFICE _ TOWN OF SOUTHOLD May 17 , 1989 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; 2 . your interest in assuming the responsibilities of lead agency; and 3 . 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: Port of Egypt Enterprises , Inc SCTM 41000 56-6-6 . 1 , 10 . 1 Requested Action: Applicant proposes to errect a 25 , 440 sq. ft. - boat storage building. , SEQRA Classification: [ ] Type I [XXX] Unlisted Contact Person: Jill M. Thorp 516-765-1938 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: f?C� This agency wishes to assume lead agency status for this action. l This agency has no objection to your agency assuming lead agency status for this action. [ l Other. (See comments below) Comments: Please feel free to contact this office for further information. Sincere , BENNETT ORLOWSKI, JR. CHAIRMAN cc: _/oard of Appeals ✓_Board of Trustees ✓Building Department f vSuffolk County Dept. of Health Services �^�NYSDEC- Stony Brook : DEC- S-.-C�—Dep Of 12--il-lie Works - U,S,--Arrmy--C-Gr--p-G'f-Fungi-nos _N-.-y,-�•,—Lie�o-f Tr--a�s-pe�t-�en * Maps are enclosed for your review Coordinating agencies - i='t'; I i�J•. •O. .7 ILL,away J• _ - - V fey A.y '�i'�• M•' '1 +l: J\ TQ S D �• 1 u x LL ,y i• .1 1: M• J't�. •P t J'M to >s 1 i!- - A 'l'• T a7• Rt / M a 'IA�� :�1•'J r' tlOii AP•• ht +xn nc I t 1.`%••�,`'• k - 3• "T - '.x • [ .r, T _;.:; - 1 - M - .T. +i% .I•i• LO c TI.V RAH r V - ~ - LE } ..,, OW,!, a.:: 'Fes. .,a.. •7'T'= yRJ E J t " .ti. rQ a 11•� 'J ,ni- J•tA _ JL , ..r. w 1.. -- ,� n 1 + mob,�• "Af, .k.. 9ME0' _ 3 I �• !1• 0.. :r• ait' .r. .R d� t Voisin '--"3•,i• ,r -;-r., l✓ �r�.]�/ !T _:.;:.;�'J`.,'.- - %,�y��- f _ r�i,ram.. :.,� s�;fr:• t' WIN NINE r T.� .� M '` �v- t' - '[OIY T - ...4[:• •ram:. r r /t - ,.. - n[fR t+S t�l,..,.�ly,, '-T+ '•.,r•tl=E' :i. 1 h,,::. * '"'.'.1-�w�.'.�.' :•�, .�.^:fi_J�r.4,-sL.7:».ti•:. tr Y -ie.. 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No. 3770 and 3771SE - Port of Egypt Dear Merl: As a follow-up to our conversation today, please let this confirm that you have agreed to send five prints of the following concerning the above applications pending with our office for a proposed principal boat-storage building: .(a) Five prints of a survey or site plan maps showing all buildings, including the proposed. {If possible, it would be helpful to show the outside areas presently used for boat storage that will remain. If no outside storage of boats are shown, we will assume that those boats will then be stored inside and those areas will no longer be used for outside boat storage. } (b) Five prints of the elevation plan of the building showing the total height, especially the distance from ground level to the peak. Also acknowledged is the fact that we have as of last Thursday received the SEQRA coordination letter from the Planning Board, as lead agency, and our Department would coordinate comments (if any) within the next 25+- days. As you know, the premises has been re-designated on the newly adopted Master Plan Zoning Maps. As you are aware, when the applications were filed with our office, the previous zoning code regulations were applicable. Since all files must be updated under the new zoning plan, the following provisions Page 2 - May 22, 1989 To: Merlon E. Wiggin, P.C. Re: Appl. No. 3770 & 3771 - Port of Egypt according to our records will apply for the same or similar relief: Zone District: M-II As Per Section 100-122 (Bulk Schedule) , Variances Needed Based on the following: Front Yard Requirement: 50 ft. minimum Side Yard Minimum: 25 ft. minimum Rear Yard Minimum: 25 ft. minimum Special Exception application now appears obsolete (see Article XII, Section 100-121, which lists under "Permitted Uses," Subparagraph ( 5) - "Boatyards for building, storing. . . subject to site plan approval from the Planning Board." Please check one of the following two choices, sign and return a copy of this letter as early as possible: € K) that you hereby authorize a correct+Dd of your applications by our office staff in order to update the same and apply the above-noted provisions of law for this proposed principal boat-storage building; _ OR: € } that you prefer to have the subject applications update, together with your Notice of Disapproval issued by the Building Inspector, particularly to determine whether or not additional provisions of law apply. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski L A thorized 1gnatu f / r Sout:; old Town Board of A eats PP 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. May 18, 1989 Attached is the Coordination Request for possible Z.B.A. concerns which we may send to the Planning Board (as lead agency) in the Matter of Port of Egypt Enterprises for their 25,440 sq. ft. boat storage building.. We have applications pending at this time for a Special Exception and Variance. (Copies attached with reduced site-plan map. ) Please let me know if you wish to comment before the deadline (within the next 25-30 days) . Thanks. lk (t��. ,..;,,�:.,• Zip P by V1 b�tity a Town Hall. 53095 Main Road P.O. Box 1179 .'_.Pip •"0 !:'�-''A" Southold, New York 1 1971 TELEPHONE(516)765-1938 41 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 17 , 198? 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; 2. your interest in assuming the responsibilities of lead agency; and 3 . 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. r Project Name: Port of Egypt Enterprises , Inc SCTM #1000 56 6 6 . 1 , 10 . 1 Requested Action: Applicant proposes to errect a 25 , 440 ' sq ft. boat storage building. SEQRA Classification: [ ] Type I [XXX] Unlisted Contact Person: Jill M. Thorp 516-765-1938 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: ><1 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. [ l Other. (See comments below) Comments: Please feel free to contact this office for further information. Sincere BENNETT ORLOWSKI, JR. CHAIRMAN cc: /oard of Appeals ✓Board of Trustees vBuilding Department �-vSuffolk County Dept. of Health Services kv-NYSDEC- Stony Brook NYS EQ- Albany _S-.-G�—Dept-.—Gf--P 'A —�r,�z; ,% L S-,—ArmyC.or�p,�f Engineers N,Y.,s.aeP-��yL Tr--a-nspe-rt7a i-en * Maps are enclosed for your review ✓ Coordinating. agencies rl K M 1 N !.\} 7' r: ,2 ,,, 1' I'J` ;r. Q:, e , I.� r .o�g' li;,,�- -- � - . . ? 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New York 11971 a TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE J TOWN OF SOUTHOLD March 24, 1989 Merlon Wiggin Peconic Associates P.O.Box 672 Greenport, New York 11944 RE: Proposed Site Plan for Port of Egypt Enterprises SCTM 41000-56-4-10. 1, 11 & 13 .2, 41000-56-3 .21 .3 . ,4 & 6. 1 Dear Mr. Wiggin, The Planning Board reviewed the above-referenced plans. All pending site plan applications must be reviewed for compliance under the new Zoning Code. Therefore, the following information must be shown on revised site plans before the Planning Board can proceed with your application. 1. The new zone of the property is Marine Business II. 2. The new Code allows one use per each 80,000 square feet of land above the mean high water mark. Existing uses should be listed on the site plan along with the total land area. 3 . Parking on site must be located within the property boundary lines, unless written confirmation of permission to use New York State Dept. of Transportation property is submitted. A copy of the proposed site plan and this letter will be sent to the New York State Department of Transportation for their comments. - Parking for proposed use must be in accordance with the new code. Indicate the storage capacity of the proposed building for comparison with parking calculations. 4. Required yard setbacks must be in accordance with the new code. However, Section 230 allows for a front yard setback in keeping with an average setback of all buildings within 300 feet of the proposed building. ' If this section is used, indicate setbacks on site plan of such buildings. 5 . Landscaping must. be in accordance with the new code. The items listed below are included as an example. a. Section 100-212 requires 20% landscaping, one shade tree for every 40 feet of new frontage being developed , a 15 foot landscaped strip contiguous to the front lot line, a 5 foot strip of landscaping contiguous to the front of the building. b. Section 214 requires interior landscaping, which it does not appear that you will be able to comply with, given the nature of the development. Perhaps this deficiency can be offset by increasing landscaping at the front or around the former fishing station building. 6. New docks are being added. Indicate projected capacity and incorporate into the parking calculations. 7 . Include dimensions of building on site plan. 8. Drainage calculations do not appear to be sufficient to handle runoff from a 5 year storm (2 inches) . Upon receipt of the revised site plans, which are to be signed and sealed, the Planning Board will proceed with its review. V ruly Yours Bennett Orlowski, Jr. / Chairman cc: Frank J. Kujawski, Jr. , Board of Trustees James A. Schondebare, Town Attorney Victor Lessard, Building Department William Lieblien, Owner e t_ 1, Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 a•. ' TELEPHONE . (516)765.1938 PLANNING BOARD OFFICE / TOWN OF SOUTHOLD Vic?', 3 a March 24, 1989 Merlon Wiggin Peconic Associates P.O.Box 672 Greenport, New York 11944 RE: Proposed Site Plan for Port of Egypt Enterprises SCTM 41000-56-4-10.1, 11 & 13 .2, 41000-56-3 .2, .3 . ,4 & 6. 1 Dear Mr. Wiggin, The Planning Board reviewed the above-referenced plans. All pending site plan applications must be reviewed for compliance under the new Zoning Code. Therefore, the following information must be shown on revised site plans before the Planning Board can proceed with your application. 1. The new zone of the property is Marine Business II. 2. The new Code allows one use per each 80,000 square feet of land above the mean high water mark. Existing uses should be listed on the site plan along with the total land area. 3 . Parking on site must be located within the property boundary lines, unless written confirmation of permission to use New York State Dept. of Transportation property is submitted. A copy of the proposed site plan and this letter will be sent to the New York State Department of Transportation for their comments. Parking for proposed use must be in accordance with the new code. Indicate the storage capacity of the proposed building for comparison with parking calculations. �o L 4. Required yard setbacks must be in accordance with the new code. However, Section 230 allows for a front yard setback in keeping with an average setback of all buildings within 300 feet of the proposed building. If this section is used, indicate setbacks on site plan of such buildings. 5. Landscaping must be in accordance with the new code. The items listed below are included as an example. a. Section 100-212 requires 200 landscaping, one shade tree for every 40 feet of new frontage being developed , a 15 foot landscaped strip contiguous to the front lot line, a 5 foot strip of landscaping contiguous to the front of the building. b. Section 214 requires interior landscaping, which it does not appear that you will be able to comply with, given the nature of the development. Perhaps this deficiency can be offset by increasing landscaping at the front or around the farmer fishing station building. 6. New docks are being added. Indicate projected capacity and incorporate into the parking calculations. 7 . Include dimensions of building on site plan. 8. Drainage calculations do not appear to be sufficient to handle runoff from a 5 year storm (2 inches) . Upon receipt of the revised site plans, which are to be signed and' sealed, the Planning Board will proceed with its review. V �'2'ruly Yours Bennett Orlowski, Jr. Chairman cc: Frank J. Kujawski, Jr. , Board of Trustees James A. Schondebare, Town Attorney Victor Lessard, Building Department William Lieblien, Owner s•t wYE� � reG Southold Town Board ofAppeals �'pis�., ivyc�`4• :' �' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI TO: Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: September 26, 1988 SUBJECT: Port of Egypt Enterprises, Inc. SEQRA Lead Agency County Tax Map #1000-56-6-4 Gentlemen: Upon reviewing applications which were recently filed with our office concerning the above premises, please be advised that the Board of Appeals has taken the following position under the N.Y.S. Environmental Quality Review Act (SEQRA) : 1. Application must be- filed with the Southold Town Planning Board; 2. Recommend that the Planning Board take Lead Agency status for the following reasons: a. the site plan elements and physical construction of the roadway, drainage facilities, landscaping, will be major changes directly .to the site; b. the application under consideration in this application . before the Board of Appeals .is not directly related to physical change of the land or wetland areas. 3 . Suggest that determinations be made by the Planning Board as to the sufficiency of parking spaces for the multiple uses existing at the site, after allowing for egress, ingress, loading, ramps, trailer lift parking, landscaping, etc. , if possible, in either a preliminary review or during the certification process. The applicant is simultaneously herewith advised that he must proceed through your office accordingly. Please keep us advised of developments under the Site-Plan and SEQRA processes. Thank you. cc : Office of the Town Trustees ,1 Uri � s Southold I ® n gar ®f eals .�F��;� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI September 26, 1988 Mr. Merlon E. Wiggin, P.E. Peconic Associates, Inc. One Bootleg Alley, Box 672 Greenport, NY 11944 Re: Appl. Nos. 3771 and 3770 - Port of Egypt Enterprises CTM #1000-56-6-3 .2, 3.3, 3 .4, 6.1 Dear Merl: This letter is to confirm that the above project is being coordinated among the involved agencies, and that it appears that the Southold Town Planning Board will act as the lead agency under the SEQRA process. In the interim, please be sure to file the site-plan application with the Planning Board in complete form as early as possible in order to allow full processing of same under SEQRA. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk FRANK A. KUJAWSKI, JR., President • ALBERT J. KRUPSKI, JR., Vice-President r r (516) 765-01892 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 September 14, 1988 Mr. Bennett. Orlowski, Jr. Chairman Southold Town Planning Board Town Hall, Main Road Southold, New York _ 11981 Re: Port of Egypt Enterprises, Inc. 1000-056-4 & 6-10. 1-11-13.2-3 .2-3-4-6. 1 Dear Benny: 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; 2. Your interest in assuming the responsibilities of Lead Agency; and 3 . 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: Port of Egypt Enterprises, Inc. Requested Action: To erect a 25,440 sq. ft. boat storage building. SEQRA Classification: ( ) e I ( Unlisted Contact Person: Ilene Pfifferling, Clerk on behalf of Frank A. Kujawski, Jr. , Pres. Board of Town Trustees The Lead agency will determine the need for an environmental impact statement (EIS) on this project should one be -2- necessary. Within 30 days of the date of this letter, please respond in writing whether or not you have an interest in being the lead agency. Trustee Board Position: ( ) 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. Very truly yours, Frank A. Kj awski-, Jr. President Board of Town Trustees FAK:ip - Attachment cc: Bldg. Dept. Board of Appeals D.E.C. Stony Brook Peconic Associates on behalf of the Port ,of Egypt, Inc. 14-16-2'(2187)-7c . SEOR 617.21 Appendix A State Environmental duality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in 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 determination process has been orderly,comprehensive in nature,yet flexible to allow introduction of information to fit'a project or action. Full EAF Components: The full EAF 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 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impacts) and, therefore, is one which will not - have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be"prepared.• ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only.valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 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 consideret' as part of the application for approval and may be subject to further verification and public review. Provide any additiona, information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Port of Egypt Enterprises , Inc . LOCATION OF ACTION(Include Street Address,Municipality and County) Rte . 25 , Southold , N . Y. 11971 NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Peconic Associates ,_ Inc . — Merlon Wi in Pres . (516) 477-0030 ADDRESS One Bootleg Alley CITYIPO STATE ZIP CODE N . Y . 11944 NAME OF OWNER(It dlffsnnt) BUSINESS TELEPHONE Bill Lieblein — Port of Egypt Enterprises , Inc . (516 ) 765-2445 ADDRESS Rte . 25 CITY/PO STATE ZIP CODE - `.__. _. Southold _ . _._ N . Y. 11971 DESCRIPTION OF ACTION errection of a. 25 , 440 Sq. Ft . boat storage building . Please Complete Each Question—Indicate N.A. if not applicable A.. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: OUrban fflndustrial OCommercial OResidential (suburban) ❑Rural(non-farm) OForest OAgriculture OOther 2. Total acreage of project area: 2 . 1 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres 0 acres Water Surface Area — Water 0 . 1 acres 0 . 1 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 2 . 0 acres 2 . 0 acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? F d — Fill Land , Dredged M a r P r i a l a. Soil drainage: ❑Well drained % of site ❑Moderately well drained 2 0 % of site OPoorly drained 80 % 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? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes ENO a. What is depth to bedrock? N/A (in feet) 2 5. Approximate percentage of proposed project site with slopes: EX0-10% 100 % 010-15%0 % ❑15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes Z]No . 7. '`Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes MNo B. What.is the depth of the water table? ± 3 On feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes IfNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes ®No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes ITN According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes [INo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes t No If -yes, explain ` 14. Does the present site include.scenic views known to be important to the community? ❑Yes E;No 15. Streams within or contiguous to project. area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A a. Name b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No — water a) If Yes, does sufficient capacity exist to allow connection? MYes ONo b) If Yes, will improvements be necessary to allow connection? OYes nNO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes INNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? []Yes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes RINo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 7 acres. b. Project acreage to be developed: 2 . 1 acres initially; 7 acres ultimately. c. Project acreage to remain undeveloped none acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed 0 %.; f. Number of off-street parking spaces existing 16 5 ; proposed 64 g. Maximum vehicular trips generated per hour 15 (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 45 ' height; 120 ' width; 212 ' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 240 ft. 3 2. How much natural material (i.e rock, earth, etc.) will be removed from the site? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? Dyes ONo KIN/A a. If yes, for what intend , purpose is the-site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? ❑Yes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? EiYes KINo 6. If single phase project: Anticipated period of construction 6 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONo 8. Will blasting occur during construction? Dyes UNo 9. Number of jobs generated: during construction 6 ; after project is complete 2 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? OYes ®No If yes, explain 12. Is surface liquid waste disposal involved? []Yes KINo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑Yes []No Type 14. Will surface area of an existing water body increase or decrease by proposal? Oyes J5NO Explain 15. Is project or any portion of project located in a 100 year flood plain? pYes ONo _ 16. Will the project generate solid waste? ®Yes ONo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? [ Yes ONo c. If yes, give .name Southold Town L a n d f ill �location Southold d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes tlNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes ®No a. If yes, what is the anticipated rate of disposal? ton./month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes No 19. Will project routinely produce odors (more than one hour per day)? OYes lfNo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes MNo 21. Will project result in an increase in energy use? I]Yes .ONo If yes , indicate type(s) P l P c t r i c a l building l i g h t i n g 22. If water supply is from wells, indicate pumping capacity NIA gallons/minute. 23. Total anticipated water usage per day 300 gallons/day. ( seasonal — May through October) 24. Does project involve Local, State or Federal funding? '❑Yes FL]No If Yes, explain — 4 25. Approvals Required: '' Submittal Type Date City, Town, Village Board [Dyes NNo City, Town, Village Planning Board NYes ❑No Southold Town City, Town Zoning Board ®Yes O No ' Southold Town City, County Health Department ❑Yes UdNo Other Local.Agencies QYes WNo Other,Regional Agencies Dyes ANo State Agencies P9Yes ❑No New York State D. E . C. Federal Agencies ❑Yes ®No C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? CRYes ❑No If Yes, indicate decision required: . ❑zoning amendment Mzoning variance ]special use permit ❑subdivision Usite plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? C—Light Industrial 3. What is the maximum potential development of the site if developed as permitted by the present-zoning? see attached plan 4. What is the proposed zoning of the site? no change from present — C—Light Industrial . 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? gYes ❑No 7. What are the predominant land use(s) and zoning classifications within a 1/. mile radius of proposed action? see land use map - 8. Is the proposed action compatible .with adjoining/surrounding land uses within a '/4 mile? QYes ❑No 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? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes )�JNo a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes IRNo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any a.Jverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor e P e c o n i c Associates , Inc .. Date May 10 , 1988 Signature Title President If the action is in the Coastal Area, and you are tate agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 14.14.11`:,A7�--9c 61 7.2 1 SEAR Appendix B State Environmental Quality Review Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/4,1/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ IN ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated -to public ❑ ❑ ❑ ® ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ 13 Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ L4 • The State Forest Preserve? N/A ❑ ❑ ❑_ ❑ ❑ • National Wildlife Refuges and state game refuges? N/A ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? N/A • National Park Service lands? N/A ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? N/A • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? N/A * A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? N/A • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? N/A • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ® ❑ ❑ e State? ® ❑ ❑ ❑ ❑ e Local road? ® ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal?(i.e., screened by summer•foliage, but visible during other seasons) ❑Yes MNo 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? IM Yes ❑No 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *1/+ mile *1 mile Essentially undeveloped Forested ❑ ❑ Agricultural ❑ Suburban residential ❑ Industrial 51 El \ Commercial ® ❑ )Urban ❑ ❑ River, Lake, Pond ❑ ❑ r Cliffs, Overlooks ❑ ❑ Designated Open Space ❑ Flat Hilly ❑ Mountainous ❑ ❑ Other ❑ El NOTE: add attachments as needed 5. Are there visually similar projects within: *1/2 mile ®Yes El No *1 miles M Yes ❑No *2 miles ®Yes ❑No *3 miles ®Yes No Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is 5 to 10 , 0 0 0 NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work Involved in recreational activities IN ❑ ❑ ❑ Routine travel by, residents ® ❑ ❑ ❑ At a residence ❑ ❑ ❑ El At worksite ® ❑ ❑ El Other ❑ El 2 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I_,`k.Y. 11971 TELEPHONE(516)765-1809 FAX No. .(516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a . copy of the Legal Notice,' as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there . Are questions brought up during the same and -in order to prevent a delay in the processing of your application. Your public hearing will not start before the times. allotted in the attached Legal Notice. Please feel free to. call .our office prior to the hearing . date if you have questions or wish to update your- file.. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff t Town Hall. 53095 Main Road '+ P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Frank Kujawski, JR. President Town Trustees FROM: Bennett Orlowski Jr. Chairman DATE: December 28, 1989 SUBJECT: Port of Egypt Enterprises Proposed Boat Storage 1000-56-4-10.1,11 & 13 . 2 1000-56-6-3 . 2,3.3 , 4 & 6. 1 Reference is made to your October 26, 1989 informal comments regarding the above referenced project, (copy enclosed) . The applicant proposes to discharge both roof storm water and boat wash down waste water into the boat basin. The Planning Board does not see a problem with the roof storm water being discharged directly through leaching basins into tidal waters because this water would not came into contact with contaminants or pollutants in the parking area. But the Board does not want boat wash down waste water being discharged directly into tidal waters. The Board would like the Trustees-' position with regard to both the roof water and the wash down water being discharged into tidal waters. The Board would appreciate your Board' s official comments regarding this project. We have in our possession what appears to be informal handwritten comments that were dictated by Mr. Bredemeyer. Do the Trustees have Jurisdiction over the discharge area, if so, does -the applicant require a permit? Enclosed for your information is the Town Engineer' s report dated December 14, 1989. ey lce jL _i r �ha� o{k a \ Ln rn Southold , Town Boa' r�d off' Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-18OR FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DIN IZIO,JR. COORDINATED S.E.Q.R.A. RESPONSE TO: Southold Town Planning Board, as Lead Agency FROM: Southold Town Board of A ppeals '" )qaL' DATE: June 2, 1989 � SUBJECT: Port of Egypt Enterprises, Inc. CTM #1000-56-6-3.2, 3.3, 4. , 6.1 Property Location: S/s Main Road, Southold In response to your May 17, 1989 Lead Agency coordination request, the following comments are furnished for your consideration: 1. This Board, by its letter dated September 26, 1988, reiterates its position recommending that the Planning Board take lead agency status (copy of letter attached citing .reasons) ; 2. This Board, under SEQRA, has limited jurisdiction under Section 617.13 for Type II Actions, however, wishes to provide the following concerns and comments: a. Stormwater runoff :.- a description and evaluation of methods proposed for retaining all stormwater runoff, without leakage or drainage into the waterways, should be filed for consideration b. Activities and uses - a description of activities to be conducted relative to the proposed building should be described in specific detail, and sufficiently evaluated to determine possible effects on the environment, including coordination for vehicles and pedestrians at the site. To: Southold Town Planning Board June 2, 1989 Re: Port of Egypt Enterprises, Inc. c. Drainage basins - location should be shown, including those inside of the proposed building, for evaluation of suitability and types of activities demanding its necessity. d. Elimination of upland outside boat storage (as proposed by the applicant) will help to alleviate parking concerns. Attachment ( 9/26/88 ZBA letter) So th Id I own L� U 0 Boardof A ppeals MAIN ROAD - STATE ROAD ZS SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI TO: Southold Town Planning Board FROM: Southold Town Board of Appeals DATE: September 26, 1988 SUBJECT: Port of Egypt Enterprises, Inca SEQRA Lead Agency County Tax Map #1000-56-6-4 Gentlemen: Upon reviewing applications which were recently filed with our office concerning the above premises, please be advised that the ' Board of Appeals has taken the following position under the N.Y.S. Environmental Quality Review Act (SEQRA) : 1. Application must be filed with the Southold Town Planning Board; �y 2. Recommend that the Planning Board take Lead Agency status for the following reasons: a. the site plan elements and physical construction of the roadway, drainage facilities, landscaping, will be major changes directly to the site; �~ b. the application under consideration in this application , before the Board of. Appeals .is not directly related to physical change of the land or wetland areas. 3 . Suggest that determinations be made by the Planning Board as to the sufficiency of parking spaces for the multiple uses existing at the site, after allowing for egress, ingress, loading, ramps, trailer lift parking, landscaping, etc. , if possible, in either a preliminary review or during the certification process. The applicant is simultaneously herewith advised that he must proceed through your office accordingly. Please keep us advised of developments under the Site-Plan and SEQRA processes. Thank you. cc: Office of the Town Trustees .�G•:'li 'J%.�i %I�.C.-t,f CU.C.r'n i.yL %�C �'� 40 Remaks by F. M. Flynn before Southold Town Board of Appeals - 12/19/89 i .. j Re: Port of Egypt Application for Variances. Gentlemen: I intend to read my remarks so that there is no question of the accuracy of the transcription of my` ld� as they appear in the record of this proceeding. I submit that a vote on whether to reopen the hearing on this matter is begging the question and not in the public interest.. This Board, if it recognizes it or not, is confronted by a Hobson's Choide. For any unfamiliar with the expression, it means no chitoice I at all. ' j Under the law you have no alternative but to deny this application � ��rs� in�nd or summarily. To do otherwise cast doubts' n tie competence-2M integrity of the Board of Appeals and of the Town Board of which it is a creature. The same may be said of the Planning Board which reviewed a plan which i is in direct conflict with the provisions of Southold's Zoning Code. I Unbelievably, this same Planning Board issued a Negative Declaration for a plan which, if approved, would have a devastating effect on the i environment. i The only real question is why the Board 6f Appeals has temporized so i long. Even a cursory examination of the subject application should have resulted in its peremptory rejection. We stand on the verge of entering the last decade of the twentieth century. Southold is no longer a fiefdom where variances can be given like lollipops to a favored few. Southold, unless I am mistaken, is located in the State of New York and subject to its laws. Case law on zoning, and more particularly on variances, has become well establihed over the years. This is as well might be since the New York State Enabling Act for Town Zoning admonishes that the power to grant variances is to be "sparingly used in rare circumstances." This admonition has been ignored c4spiculously in the Town of Southold. In the subject instance, it is all the more pertinent in view of the recently adopted Zoning Code. Further, an applicant seeking variances must submit convincing proof of hardship or practical difficulties. These are terms with legal meanings and are not matters for subjective interpretation. The subject applicant l has submitted no such proof, nor could he. The courts have held that hardship means financial hardship and that "dollars and cents" proof therof must be submitted. As long as a property has utility and value there is no hardship under the law. Case law specifically states: "Hardship! is not established by proof that a variance will enable the applicant to operate an existing business more profitably." This alone negates the obvious thrust of the applicant's argument. As for practical difficulties or unique circumstances, they do not . exist except as a fancied impediment to a plan to exceed the building coverage permitted by the Zoning Code or to maximizing the applicant's profits. The powers of the Board of Appeals are circumscribed in the Town Code. It is permitted to vary the " strict letter of these regulations", i. e. the Zoning Code. I submit that to abprove the subject application would entail the abandonment of the entire alphabet. The duties of this Board also include the preservation of the public safety and welfare. These considerations, alone, provide obvious grounds for denying the subject application. Nation-wide studies of zoning decisions reveal ,that the most egregious acts of Boards of Appeal involve their violation, as unelected officials, of legislative enactments. The scope and magnitude of the variances sought in the subject application are such as to make a mockery of (2) the Town's newly minted Zoning Code. To grunt them goes far beyond the Board's purview. Now to address the substance of this application. It represents a flagrant attempt to circumvent and flout the Zoning Code. It can best be described, in simple, direct, terms as an attempt to cram ten pounds of sugar into a�five pound bag. i %here S /20 f The extent of the variances sought necessitates the use of the old i � Gaelic term, chutzpah, to do justice to the effort. First, under the Town's Zoning Code, the applicant has, at most 104,920 sq. ft: of upland available for marina operations. The Zoning Code permits 30% coverage, or 31 ,476 sq. ft. of buildings. Existing marina structures total 46, 185 sq. ft. Thus, the existing structures exceed the coverage permitted by the Code by 14,709 sq. ft. The existing coverage j A is 147% of that permitted by the Code. Approximately 49,030 aq'• 4-41111m pl s 9, 'j ft. would be required to accommodate the existing structues in conformance with the Code. i Even the existing coverage is non conforming. A stated objective of the Town Code is the gradual elimination of non conforming properties, ' not their proliferation. .ram To a densit4which already exceeds the maximum permitted, it is proposed to add 31 ,490 sq. ft. of improvements. Even adjusted for proposed demolition, the total of 74275 sq. ft. of buildings would be more than double the coverage permitted by the Code. The proposed complex would require, { at 30% building coverage alone, 247,583 sq. ft. of upland, or 142,663 sq. ft. f more than is available for marina operations. Proposed coverage would represent 236% of that permitted by the Code. Second, the applicant has arbitrarily reduced the Code's requirements for docked boats by one-half, and by three-quarters for boats in rack i storage. Such a change in parking requirements is no mere variance; but requires a legislative change in the Town Code with the attendant ` public hearings. (3) Code requirements for the project dictate at least 386 parking spaces, or 135, 100 sq. ft. The applicant proposes to provide 145 spaces. The resultant shortage is 241 parking places, or 84,350 sq. ft. This shortage � . for parking alone is 1 .94 acres.Qe;�. This entire parking issue is a smoke screen or red herring. It represents an attempt by the applicant to divert attention from the fact that such an arpendment of the Zoning Code would permit him, and other marina operators to launch as many as four times the number of boats into the already imperiled Peconic Bay as is currently permitted. Third, no provision has been made for the 20% landscaping required by the Zoning Code. i I { Fourth, my analysis indicates that to cpnform to Code requirements, this project would require approximately 3.6 additional acres of upland.. *,^o eenfe to-redo r^^»;rim . To put into perspective the outrageous nature of the variances sought, the applicant seeks the additional { utility of' 1 1/2 times the acreage that he actually has available for marina operations under the provisions of the Zoning Code. i Fifth, front and side yard variances are sought purely to increase they. profitability of the owner's operations. The specious reasoning behind the front yard variance sought is because his other main structure F is non conformoing. The basis for the side yard variance has even less validity. Sixth, consideration of the public's health, safety and welfare are, or should be, paramount in the Board's considerations. It is proposed 44(3-1hiyl s to erect a monolithic structure�housing.160 or more fuel laden boats within 5 feet of an abutting property line and in close proximity to a State highway. What would happen if the neighboring property owner sought a a similar variance for which you have set tAO precedent? Or suppose the neighboring property owner merely exercised his vested right to ' build a similar structure within thirty feet of the one proposed? What would be the problem of accessibility for emergency equipment in the event of a conflagration? (4) i By what the marina owners apparently interpret as a God-given right - (it is certainly not a right granted by the State of New York) they have incorporated State Route 25 as part of their operations by freely transporting boats and equipment across the highway by truck, fork lift and travelift. It has also been suggested that additional 'tsarina parking be located on the north side of the highway creating aditional vehicular and pedestrian traffic. This along an already heavily travelled highway lacking traffic controls, curbs, curb cuts, sidewalks, pedestrian crossings etc. Granting this application would set a precedent for similarly increased traffic throughout the Town with devastating effects, particularly on residential areas. To summarize to this point, approving this application would constitute the Board's making the applicant a gift of the utility of, and hence, the value of approximately 3.5 acres of commercially zoned waterfront upland. In addition its pernicious influence would be felt throughout the Town. The character of the Town would be permanently altered for the worse by making provision for launching several thousand more boats with increased traffic hazards, demands on our limited utilities etc. I It is a travesty that the applicant has, by his letter of November 8, 1989 c/4. ,•N to the Board, by anarea of upland ownership reduced from that previo°sly stated to the Board and other governmental agencies. I repeat that by so doing he has invalidated his entire application process. Further, even if such a claim were true, the same principles and similar calculations would obtain. In short the entire application represents an outrageous attempt to rezone his property pia variances; an obvious direct conflict with zoning law. ` .i As a point of personal privlege, I would now like to disabuse the Board of of any impressions it may have garnered regarding me and my analysis i from Mr. Liebleints letter of November,8th. Regardless of Mr. Lieblein's impression that I consider him, and all marina operators to be sly, sneaky and-devious, I would like to state that I have had a personal interest in marina operations,,and I prefer not to think of myself in those terms.. As in all field's, there are good Arid bad operators. This is really a subjective matter for the public to decide. ' Such a poll would produce some interesting results and I'm sur ...at le4�t some of the operators would match Mr. Lieblein's rather florid characerization. I'mfsure all business men, myself incuded, are profit oriented. The issue here is the question of increased profitability as the basis for granting variances. The law is perfectly clear in its dismissal of such grounds. As for the ownership of the motel property, Mr. Leiblein includes it in the description of property owned or controlled by the Port of Egypt in his submissions to the Board and other agencies. I might add that he has personally listed the property for sale with various real estate brokers. I state again, to deny ownership now is to negate his application. My comments regarding the tax exempt status of the motel property hardly constitute a "zinger". Were you to consult Southold's Tax Roll it is indicated that the property is tax exempt. Parenthetically, some of Mr. Leiblein's property zoned M II is carried do this roll as vacant residentially zoned land. In any event, the motel property's tax exempt status was confirmed by my inquiries of the Suffolk County Industrial Development Agency. Mr. Lieblein, perhaps inadvertently, confirms this, by referring to a payment in lieu of taxes. His payment represents a partial payment of total taxes and reflepcts the exemption of taxes on the value added by funds advanced by the IDA.'.An interesting question arises from this state of affairs. If the IDA were to advance the funds for the proposed new construction, would it not -be, in its entirety, tax exempt? . My reference to "demonstable demand" was abstracted from the Marina Criteria subscribed to by- New York's Deparment of State in connection with its Coastal Management Program. Mr. Lieblein conceeds some vacancies. The same is true of other marinas in the Town. Demonstrable demand mustbe considered on a Town-wide basis. Surely the Board-is aware of d marina expansion and new construction in�the Greenport area. Certainly this has bearing of the question of foreseeable demand. Mr. Lieblein has conceeded that only 25% of marina capacity in the Town ..-aw occupied by Town residents. This means that 75% of the Town's current marina capacity is occupied by non-residents. Even at the projected full development of the Town's population, 50% of the current marina capacity would ,fz4111 be available to no"-residents. This brings up the inevitable question (6) of how much are we, as a Town, expected to contribute to the further r degaradation of the Peconic Bay Estuarine System? Further, how much j of the Town's quality of life,and the health safety.and welfare of its people, f . are to be sacrificed for non-residents. ' Mr. Lieblein insults the intelligence of the Board when he states that only 300 sq. fti of ground area is needed to block and store a 30 foot . boat. Boats are not stored like coins in a wrapper. In the first place, few modern 30 foot boats have a beam of only 10 feet. Regardless of this fact, it has to be conceeded space has to be provided on both A sides of the boat and at its stern. If we allow a modest 2 1/2 feet of clearance on each of these sides, we have a net ground area of 488 sq Jt. occupied by the boat alone. This is obviously, the equivalent of almost 1 1/2 parking spaces. Overlooked in Mr. Lieblein's calculation is the requirement for maneuvering area between boats for equipment to place the stored boats. In the case of the proposed new storage building, approximately 80 feet has been allowed for this purpose. Allowing half of this width per boat results in a requirement of an additional 500 sq. ft. of ground area per boat. Thus the total is 988sq. ft. per boat,, �i" Z•S �q ��i„Ys/�Q�es My mental calculation was not far off the mark, particularly if boats in excess of 30 feet in length are to be stored. As proof of my contention, in the matter of Young's Marina, with which the Board is familiar, the owner conceods an Upland area of four acres is required for 138 boats. This translates to 1263 sq. ft. per boat. Mr. Lieblein advances the argument that additional boats can be stored, presumeably in the aisles. This raises the question of accessibility, particularly in the event of an emergency: Also unaddressed is the question of the additional parking required for the additioal boats: And so on ad infinitum. , Mr. Liblein also states he can store boats four high in the proposed building. He has also stated he can store boats in the center aisle of the building. How many boats does he really intend to launch into an already overcrowded Budd's Pond? Would not the other neighboring marina operators petition for similar. variances? (7) i The number of parking spaces constitutes the only effective control i the Town has over the number of boats to be launched from a given site. In Mr. Lieblein's case he proposes to accommodate a minimum of 362 boats on a 2.4 acre site, or 151 boats per acre. This in a Town that professes a desire to restrict development by zoning residential lots to 2 acres. With further respect to parkiing, the requirements of the Code are clear. Variances of the magnitude sought are beyond the purview of the Board of Appeals. Even a reapplication with a change in the parking plan by including parking on the north side of Route 2.5 would not obviate the shortfall in parking spaces. It would, however precipitate the" safety and welfare problems previously discused. i Further- the parking issue has no effect the question of the maximum building coverage permitted by the Zoning Code. Unbelievably, Mr. Lieblein has based his arbitrary parking plan on F surveys conducted in Australia and on Puget Sound. I would suggest the Board investigate the requirements of neighboring communities which share the Peconic Bay as a common resource. More particularly, the Board should investigate the problems with parking for rack storage in the Village of Freeport. i r I am heartened thatMr. Lieblein concepds`that he was un successful in analyzing my calculations. They are really quite straightforward. Perhaps he meant he was unsuccessful in countering them. Mr.. Lieblein introduces some .area calculations made by Mr. Van Tuyl intohis argument. Mr. Van Tuyl is a reputable and competent surveyor. However, in this, as in similar instances he serves as a technician, He makes the calculations he is instructed to make. It is obvious he has excluded Lot 3.4, the motel site, from his calculations of net upland area area in the ownership/control of the Port of Egypt. This ig clearly in conflict with previous submissions by the applicant. Even if one were to disregard this obvious flaw, the applicant has not materially altered altered confrontation by the basic questions of coverage and parking. (8) Mr. Van Tuyl's land area calculations for Lots 4 & 6.1 coincide rather, closely with mine. Mr. Lieblein makes reference to the basin. Actually there are two basins. Perhaps it is coincidental, but if the area of the second basin is deducted, my area calculations are within 120 sq. ft. of Mr. Van Tuyls. In claiming an area of 215,058 sq. ft. as available for marina operations, Mr. Leiblein disregards the Code requirement of 80,000 sq. ft. for the restaurant. I would also point out to the Board that the area covered by Mr. lieblein's lease to the restaurant has no bearing on zoning requirements. As for the calculations of building area, I don't know what buildings Mr. Van Tuyl was asked to calculate. Obviously, his calculations of building areas and percentage of coverage differ from mine. I can only state that my calculations were made, in large part from Mr. Van Tuyl's survey of the subject property. The rest were made from Peconic Associates' Plot Plan. Mr. Lieblein, poses the question as to why I considered the concrete washing pads as a building. Perhaps this accounts for part of the discrepancy in buil and lfot coverage calculations. The basis for my including the washing pads is obvious to anyone familiar with the Southold Zoning Code. Section DO - 13 defines "Building", in part, as: "- - also any combination of materials forming any constuction except when entirely underground so as to permit the use of the ground above the same as if no "building" was present," (emphasis supplied) It should be noted that the elimination of these pads would be contrary }to DEC requirements. Finally, with respect to Mr. Lieblein's- letter, he refers to the proposed lease of 9240 sq. ft. of State land. Having served as a consultant to the Attorney General for many years, I doubt that the State "requires" anyone to lease its land. nevertheless, any lease does not confer title _ and is of a transient nature., Thus; it cannot serve as a basis for Increased building coverage. (9) i It appears I have come full circle. I believe I have proved that is ( pdssible for an applicant to use calculations for support, but, not t necessarily, for enlightenment. ji Perhaps the ultimate irony inherent in this application is the grandiose promise of economic benefit to the Town. In exchange for the destruction I of the Town's natural environment and its quality of life, Mr. Lieblein i , E„ is oryrecord that his project would provide exactly two extra jobs,. In conclusion, the actions of Town agencies in this matter give rise to the suspicion that we, the ordinary residents, are confronted by j ' j a "done deal". g I must express my resentment, as a private citizen, that I have had to prepare the type of detailed anaysis that it is the Board of Appeals duty to perform. The law is clear. The calculations are simple. The conflicts with the Zoning Code are self-evident. f_ ' If the Board is unable, or unwilling, to perform its duties in a professioal; unbiased manner, I would suggest it resign. Such an action on its part would allow the new Town Board to appoint a Board both willing and able to act on behalf of the Public at large. I y` f ` i 't I Iw f (10) 64 HFEC December 19th, 1989 To: Zoning Board of Appeals Southold, N. Y . The North Fork Environmental Council requests that the Zoning Board of Appeals, in reviewing application #3770, Port of Egypt project take into consideration the follow- ing issues prior to granting an application for said project: 1) Compliance of 30% lot coverage as outlined in Marine 11 code . 2) Compliance with parking code limitation of one car per parking space . 3) Projected impact on Hashamomuck Pond 4) Increased septic leachate problems Thank you for your attention to this matter. Johanna Northam NORTH FORK ENVIRONMENTAL COUNCIL a nonprofit organization for the precemation of land, sea, air and qualiny of life Route 25 at Love Lune PO Box'99 ,llattituck, NY/1952 516 29N-8,"O Town Hall, 53095 Main Road • P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Planning Board DATE: December 18, 1989 RE: Port of Egypt SCTM #1000-56-6-6.1 The following is in response to your request of December 7, 1989 for comments on Application number 3770 Port of Egypt. - The Planning Board has requested the Town Engineer to review the drainage calculations in light of test hole data recently submitted by the applicant. The Planning Board requests the hearing be kept open until the Board can review the recently received engineering report.. ! ' m�N�� K�� m��@� -----~--� - ~—~ _--~ ~~ ~~~� == ~�� ^ vmmeya `—, --- Roland Anders cx,m�e,c�xe/n«��»a* ~�~~~~—�~~—�~^~=~° rmnv.ox.Lp,c/ n �A.Stanton, '—'L.S. vu^ � K��nOr ��2� phm/ouomv�o __P.E._ Joseph pmeonouertvem"".L.u. Smithtown, N.Y. 11787 Williamro�" .za»ouA�amumnun'��'L.S. rmnxJ.Anmuomum.p� (516) 724-0611 n�m� o.Web George A.Style.p.s. rc ^onvo.mmvnt.ps. George�mw .u.p� Frank Capobianco,C.E. Paul F.Stevens.P.E. RogerS7' L.coo m.P.E. rnvm��pvnonv" L.S. ~^~~'~^' 14, ^~~~ � Mr.. Bennett Orlowski , Jr. , Chairman ' TOWN OF 3OUTHULD Planning Board 53095 Main Road Southold, N.Y. 11971 Re; Port of Egypt Site Plan, Arshamomoque, Town of Southold, N.Y. ° (588 No. �7482) Dear Mr. Orlowski : We are attaching a copy of Planning Board comments which were Originally . forwarded to Us in the Spring Of 1989. We have highlighted in "red" the comments which have not been adequately addressed by the latest site plan. Even though we understand that the NY3DEC has issued a permit for the proposed project, the Town Code would have to be waived to allow discharge Of roof runoff into tidal waters. Since roof runoff is relatively free Of contaminants. we would recommend that the overflow system be allowed as indicated OO the plan. The test hole data shows a high ground water elevation and less than perfect soil for percolation. Therefore, the Sy3t80 would not have adequate Capacity without the overflow pipes. It is also noted that a French Drain installation is proposed to dispose of parking area runoff. The attached indicates that the Planning Board (d3 well as our office) had requested a leaching basin installation. A leaching basin system should be required since a French Drain System is of doubtful value as these systems readily clog with silt and debris. No drainage system is indicated in the crushed stone area Surrounding the existing office and shop. $ince this area is at such a low elevation it would necessitate installation of ten (10' ) feet diameter leaching basins with an effective depth Of approximately eight (8/ ) feet. The exact distance from the water table to the top of the proposed basin' should be established in the field, in order to determine the number Of basins required. If there are any questions concerning this site plan, please let us know. ' Very truly yours, SIDNEY B. B0WNE & SON ---- ' CONSULTING ENGINEERS - �ABC: lg A. BARTON ~^~^' P.E. cc: R. Jacobs R. Dean m|wsoLw' ° Sw|THTomn« * msWYoRK CITY ° CLEAnxVATEn ^"Equal Opportunity Employer m/F~ F. M. Flynn P. O. Box 144 Southold, N. Y. 11971 November 18, 1989 Mr. Gerald Goehringer Town of Southold Board of Appeals Southold Town Hall Main Road Southold, N. Y. 11971 Certified Mail- Return Receipt_ Sir: Re: Port of Egypt Application for Variances In my opinion, and that of others with whom I have consulted, there is no basis in law for granting the captioned variances. Accordingly, the Board has no option but to reject this application summarily. To act otherwise would reflect on the competence of the Board. The granting of variances is a serious matter and there are numerous legal precedents establishing the conditions defining the necessary conditions under which they can be issued. Ordinarily it would appear redundant that variances are not to be granted at whim; broadcast aqbout like confetti. However, significant past actions of the Board leads me to the conclusion that the Board has displayed, what can most kindly be described as, a fundemental ignorance of zoning law. The requirements of the law have often been honored in the breach. It is presumptive that the Board is familiar with, and understands the full implications of, Section 100-271B of the Southold Town Code which defines the powers and duties of the Board with respect to the granting of variances. Nevertheless, I shall cite this section for the record. Section 100-271B 11Variances: Where there are practical difficulties or unnecessary hardships in carrying out the strict letter of these regulations, the Board of Appeals shall have the power vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substatial justice done." The terms "practical difficulties" and "unnecessary hardship" are not matters for subjective interpretation by the Board. Rather, they have specific legal meaning and place the burden of proof on the applicant. Moreover, the applicant seeks amagnitude,density and intensity of use which would go far beyond varying the strict letter of these regulations, but would require a change of zoning; an act completely beyond the purview of the Board. Even more basic to the matterat hand, the New York State Enabling Act for Town Zoning states that the power to grant variances is to be "sparingly exercised in rare circumstances." It goes on to state that "unique circumstances " must be proved. I would suggest that the Board abide by the requirements of the Act. There is an extensive body of law in the State of New York defining the nature and extent of the burden of proof to be placed upon an applicant to justify the granting of a variance. One of the many cases in this area is the benchmark Otto v. Steinhilber.If the Board has not already aquainted itself with this case, and many other decisions in like vein, I would suggest it do so. In fact, it would seem almost gratuitous to suggest that the Board consult with the Town Attorney before taking any action in this matter. The terms "practical difficulties" and "unique circumstances" may be equated in that it must be proved that no other property in the venue is subject to the same restrictions. Such difficulties or circumstances can not be proved if they result from the actions of the owner/applicant or of his predecessors in title. Further, neither exists if the property can be deleloped in accordance with the zoning regulations. An applicant may not be permitted to overdevelpe his property in order to maximize his financial return. In fact, the relative profitabilty of such development is not an issue to be considered by the Board in granting variances. The law is quite clear on this point. The courts have held further that hardship is financial hardship and that an applicant must submit "dollars and cents" proof of such alleged hardship. Such alleged hardship has nothing to do with the applicant's personal finances. It is confined to financial hardship resulting from the characteristics of a specific property and inherent therein. If a property has utility and, hence, value as zoned, there is no hardship. The courts have also held, specifically, : Hardship is not established that a variance will enable the applicant to operate an existing business more profitably." This finding goes to the heart of the subject application. In summary, to this point, I am convinced, as are others, that there is no basis in law for granting the subject variances. This is not a rare circumstance. It represents a rather commom effort to enhance profitability. The required proof has not beensubmitted by the applicant. The present operation is admittedly prfitable. Even were it not, the basic question is whether the land can be put to profiable use as zoned. The circumstances are hardly unique among waterfront operations. Even were they, I submit ,that'they:;arise entirely. or mostly, from the actions of the owner/applicant or those of his predecessors in title. The same wolud apply to practical difficulties. It is my conclusion, that were the subject variances granted, thet could not withstand legal challenge. The sheer magnitude of the variances sought and the density and intensity of the proposed uses led me to make a more detailed anaysis. I have concluded that, rather a number of variances, any possible implementation (2) of the proposed project would necessitate a change of zoning. This in the face of the newly establihed zoning districts and Zoning Code. Further, the basis for my opinion that the application for these variances and the data and exhibits submitted therewith indicates segmentation. If so it is in direct conflict with SEQRA regulations and zoning law. In addition, the Board is charged with protecting the health, safety and the general welfare of the public. I shall discuss the areas where, in my opinion, where this proposed expansion will not only be in conflict with these laudable aims, but will serve to exacerbate existing conditions. One of the egregious aspects of the planning for this project is its assuptions with respect to vehicular parking. While no one disputes that under most circumstances there is adequate vehicular parking in the summer season, the essence of sound planning is to provide sufficient parking for a "worst case scenario". What may sometimes appear to be excess parking is dictated by the need for off-season land storage of boats. Contrary to the Zoning Code's requirement of one parking space per boat, the applicant bases his planning on one-half space for docked boats and one-quarter space per boat in rack storage. Obscured in the parking assumption is the fact that the sole control over the number of boats to be docked or launched at marinas in the Town of Southold The entire vehicular parking issue is a red herring. It represents a transparent ploy to conceal its real purpose. Lowering the parking requirement would permit a quantum increase in the number of boats this marina, and others, could lauch into waters which are already classified as critical environmental areas. If such a diminution in parking requirements were adopted for all the marinas in Southold, the result would be a chaotic and environmentally diasterous situation permitting the launching of several thousand additional boats. In the subject instance, left unmentioned is the fact that the use by the applicant of areas north of Main Road for parking would permit the introduction of several hundred additional boats into the bay. It is a matter of more than passing concern that such a change in parking requirements would permit as many as four times the number of boats permitted by the recently adopted Southold Zoning Code, and as many as six times that permitted by at least one of our neighboring municipalities on the Peconic Bay. So much for any hypercritical pretensions about purported concern for the future of the Peconic Estuary. This estuarine system is a common resource for recreation and commercial fishing for all its neighboring communities as well as the rest of Long Island, the rest of the state and beyond. I submit that Southod has no moral right to overburden a common resource and thus contribute to its futher decline. My analsis further indicates that such an action is in conflict with the New York State Coastal Management Program and its Marina Criteria. More specifically, the shear magnitude of the proposed "variance" in parking requirements is staggering. Even based on the applicants analysis of parking requirements, 429 spaces, or 150,150 sq. ft. , are required by the Zoning Code. The applicant arbitrarily proposes the eqivalentof 188 spaces, or 65800 sq. ft. This feat of legerdemain is accomplished by reducing the Code requirement for dry storage boats by 75%, and for boats in water storage by 50%. (3) Even elementary arithmetic indicates an area shortfall of 84,350 sq. ft. , or 1 .94 acres, for parking alone under the Code. For the Board of Appeals to approve the subject application would be the equivalent of making the applicant a gift of the utility of, and hence the value of, some two acres of waterfront upland. Since, in his application, the applicant represents his total upland area to be 7 acres, or 304,920 Sq. Ft. , and the Code requires 200,000 sq. ft. for the motel and restaurant, only 104,920 sq. ft. , at most is available formarina operations. -The Code requirement for the proposed marina operation is 386 spaces, or 135,100 sq. ft. The applicant proposes 145 spaces, or 50,750 sq. ft. It is apparent that the proposed reduction in parking, alone, is the eqivalent of expanding the existing marina area by 80%. That, even disregarding other aspects of this application, this parking reduction could be considered a mere "variance" defies both logic and the law. To add insult to injury, all the planning and calculations submitted ignore the 20% landscaping area mandated by the Code. It seems scarcely credible to me that the applicant would spend the time and money incident to preparing this application, with its accompanying exhibits, based on the assumption of a quantum reduction of parking area without having received assurances of same from someone in an official capacity. It is also not credible that the Planning Department and the Board of Appeals could have done other reject the application without similar assurances. If this be the case, and such assurances were given, prior to the public hearing required by law, this is a serious matter demanding exhaustive investigation. The question of segmentation has important bearing on this application. If an applicant plans for only a portion of his property and ignores the existing nature and density of the existing uses, as well as the Zoning Code requirements for the entirety, he is engaging in segmentation. Segmentation is a violation of SEQRA regulations and zoning law. An example of segmentation would be for a property owner to the maximum density permitted for the entire property by the zoning regulations and, at a later date, treat the other end as vacant land available for development and/or expansion. The applicant concedes the ownership/control of the 7 acres constituting the area identified on the Suffolk County Tax Map as District 1000, Section 56, Block 6, Lots 3.2, 3.3, 4 & 6. 1 . Lots 3.2 and 3.3 have apparently been consolidated since as Lot 3.4. The Property Plan prepared by Peconic Associates, Inc. , revised to 4/18/89 and prepared for Port of Egypt Enterprises; depicts this pattern of ownership. This plan bears the seal of Roderick Van Tuyl and is stamped as having been received by the Southold Town Planning Board on 4/19/89. A copy of same is in the files of the Board of Appeals. A survey prepared by Mr. Van Tuyl, titled Map of Property Surveyed for Port of Egypt Enterprises depicts the same property. Survey is dated 4/14/85 and amamended to 4/4/89. Said survey was received by the (4) Southold Town Planning Board on 5/18/89 and a copy of same is in the Board of Appeals file. Survey depicts all the existing improvements on the Port of Egypt property. Of some interest is that it depicts encroachments on state owned property. My investigations lead me to the conclusion that the property identified on the Suffolk County Tax Map as District 1000, Section 56, Block 6, Lot 2.2 is also in the ownership/control of the applicant. I do not have a survey of this parcel, but the Tax Map indicates an overall area of 1 .7 acres. My reasonably accurate calculations, based on an aerial map in my possession, indicate a net upland area for this parcel of approximately 32,050 sq. ft. If my assumption is correct as to the entirety owned/controlled by the applicant are correct, the total upland area is approximately 336,920 sq. ft. , orapproximately 7.75 acres. The question of segmentation must be considered in the total contiguous acreage owned and/or controlled. The land use on this propert is comprised of two marinas, the Port of Egypt marina and the one operated as Albertson's Marina. In addition there are a motel, a restaurant and a retail store. The total upland area required by the Town Code for these various uses is 440,000 sq. ft. , or 10.1 acres. Thus the overall property is 103,080 sq. ft. , or 2.37 acres deficient in area for the intensity of the existing uses as set by the Zoning Code. Even if one were to accept the 7 acre figure claimed by the applicant to represent the entirety, the zoning requirements for the motel, restaurant and retail store leave only 24,920 sq. ft. , or 0.57 acre, for the entire Port of Egypt operation, existing and proposed. That the 7 acres constitutes an entirety is illustrated by the fact that the overall area is necessary to justify the existing uses under the Code. In addition there are common parking areas for the restaurant and marina. As further evidence oapparent segmentation, one of the plans submitted by Peconie Associates indicates a site area for the proposed area of 82,430 sq. ft. , or 1 .89 acres. This arbitrary apportionment of a site area from the entirety constitutes segmentation if no consideration is given to the intensity of use on the balance of the property. That the so called site area is linked to the balance of the property is proved by the fact that parking, to a large degree, is located on the balance of the property. Because of the complexity of analyzing the many aspects of the issues involved herein, I have reduced my analysis to tabular form. A series of explanatory tables is appended to this letter. In preparing these tables, I utilized, in large part, the Van Tuyl survey as a check on land area calculations and as the basis for calculating the respective areas of all the existing buildings/structures on the property. Where (5) necessary, I consulted the Peconic Associates Plan. In these calculations I adhered to the definition of Building/Structure incorporated in Section 100-13 of the Southold Town Code. The method of calculating the area of Lot 2.2 was previously explained. I believe my calculations are reasonably correct: certainly accurate enough to support my contentions. The appended tables sholud prove self-explanatory. They serve to illustrate the full scope of an application seeking mere "variances". Table I is based on my assumption that Lot 2.2, serving as the site of Albertson's Marina, is also in the-ownership/control of the applicant. It indicates that the entire property,if in common ownership/control, and as presently improved and operated, falls 2.37 acres short of the requirements of the Southold Code. Table II is based on the applicant's statement in his application, supported by the survey and property map provided to the Board, that the total upland area is 7 acres. I have adopted this area as the basis for my caculations, and presumed the demolition of the retail store, only in an attempt to simplify the analysis. My analsis indicates a total of 104,920 sq. ft. , or 2.41 acres, available for Port of Egypt Marina p Marina operations, present and proposed. Table III is an analysis of the excess improvements already existing on the site and indicates that an additional 49,030 sq.ft, or 1 .13 acres of upland would be required under the Bulk Schedule to justify the present operation. Table IV represents an analysis indicating the Code requirements for the present marina operation. On this basis, an additional 51 ,686 sq.ft. , or 1 .19 acres would be required. Table V is an analysis of the Bulk Schedule requirements for the proposed expanded marina. It indicates a deficiency in upland area of 142,633 sq. ft. , or or 3.28 acres in upland area for the proposed expansion. Table VI indicates that the upland area of the proposed expanded marina would fall 156,799 sq. ft. , or 3.6 acres, short of the requirements of the Southold Town Code. It is worthy of note that the short fall represents 149% of of the upland area actually available for marina use. Unaddressed to this point are the vital issues of health, safety and the general welfare. The applicant proposes to add a minimum of 160 boats to the existing stated capacity of the marina. This would constitute a minimum of 362 boats relative to an upland area of 2.41 acres. Introducing this number of boats, along with those of neighboring marinas, into an already c qisted Budd's Pond, represents navigational problems and increased pollution. This application, if approved, would permit twice the number of boats in wet dockage; and four times the number of boats in rack storage, presently permitted by the Southold Code. To be considered is the fragile state of the Peconic Estuarine System and the fact that (6) such an expansion would constitute as many as six times the number of boats permitted by neighboring communities. Perhaps Southold is not as cognizant of the state of the bay. The proposed project would introduce additional parking facilities, hence, traffic on the already heavily traveled, two lane, Main Road. The State owned Main Road is already subjected to hazard by the applicant's effectively incorporating it into his operations by traversing it with trevel/fork lifts. The very real potential of using additional parking facilities on the northerlyside of Main Road introduces another potential source of hazard. It also leads to the very real prospect of additional boats at the marina. With respect to pedestrian hazards, not too long ago a woman was killed attempting to cross Main Road in this area. Pedestrian deaths along Main Road while crossing are, sadly, a not unknown occurence. It need hardly pe pointed out that the granting of this application would likely set a precedent for other marinas, including others in the immediaie area. As a result, we could anticipate several thousand additional boats in the water and a manifold increase in traffic. The proposed structure presents an obvious, and severe fire hazard. The storage of 160 or more boats with full, or partially filled fuel tanks has the potential for a conflagration resulting in extensive property losses and potential human injury or fatalities. This indoor storage, plus the boats stored outside creates problems of access add to the very real potential for a catastrophe. Placing a structure of the planned magnitude and height, and withits catastopic potential, within five feet of a neighboring property line violates not only general welfare standards, but all the principles of proper zoning. A similarly sized plot, if residentially zoned, would accomodate approximately 3.7 residents. The Town has been engaged in an effort to reduce density. The increased demand for utilities, particularly potable water, resuling from thiss project deserves consideration. The type of boats which will likely be accommodated is also a factor to be considered . Typically these are high speed boats. Those with two cycle engines exhaust their contaminants directly into the water. This type of boat is also a source of extreme noise pollution. Generally the owners of these boats are the least experienced of boaters and this, combined with high speed makes for hazardous conditions on the water, particularly in confined or congested areas. I have touched upon only some of the health, safety and welfare issues involved. If the Board is not aware of it, the Village of Freeport, a long established boating center, is suing to prevent the construction of a similar structure. The issues involved involve public safety, fire hazard, noise pollution, increased traffic, navigational hazards, the (7) magnitude of the building, etc. It may also be of interest that the Village has informed me that its Code requires one parking space per boat in rack storage and that the marina operators try contivally to violate this ordinance. F. M. Flynn cc: Town Attorney (8) Table I Analysis of Required Minimum Plot Areas per Bulk Schedule Area Lots 3.4, 4; & 6 (per Applicant) ', 304,920 sq. ft. Lot 2.2 (est) 32,050 Total Upland Area 336,970 Less Required Minimum Plot Areas Marina #1 80,000 Motel 120,000 Retail Store 802000 Restaurant 80,000 Marina #2 80,000 440,000 (103,030) Deficiency in Plot areas 103.030 sq. ft. (2.37 Ac. ) Table II Analysis of Land Area Available for P of E ' _erat_ions Based on Applicant's Stated Ownership of Lots 3.4, 4 & 6.1 (Presumed Elimination of Retail Store) Total Upland Area (7 Ac. ) 304,920 sq. ft. Less -(per Bulk Schedule) Motel 120,000 Restaurant 80,000 200,000 Upland Area Available for P of E Marina 104,920 (?.41 Ac. ) Table III Analysis of Coverage of Existing Marina Structures Permitted Coverage- (104,920 sq. ft. x .30) 31 ,476 sq. ft. Existing Marina Structures 462185 Excess Coverage Existig Structures (14,709) Existing Coverage as % of Permitted Coverage 147% AdditionalUpland Area Required for Existing Structures ( 14,709 / .30) 49,030 (1 .13 Ac. ) Table IV Overall Upland Area Required for Existing Marina Operation Existing Structures 46,185 sq. ft Required Parking (226 spaces @ 350 sq. ft. ) 79,100 Required Landscaping 312296 Total�Upland Area Required for Existing Marina Operations 156,606 (3.6 Ac.) Available Upland Area 104,920 (2.41 Ac. ) Deficiency in Upland Area for Existing Operations (51 ,686) (1 .19Ac. ) Table V Analysis of Upland Required for Expanded Marina at 30% Coverage Existing Marina Structures ( adj. for deml.) 42,785 sq. ft. Proposed New Construction 311490 Total Structures 74,275 Upland Required at 30% Coverage 247,583 (5.7 Ac. ) Upland Available for Expanded Marina 104,920 (2.41 Ac.) Deficiency in Upland Area if Expanded 142,663 (3.28 Ac. ) Table VI Overall Upland Area Required for Expanded Marina Existing and Propsed Structures 74,275 Sq. ft. Required Parking (386 spaces 2 350 sq. ft. ) 135,100 Required Landscaping 52,344 Total Upland Area Requied for Proposed Expanded Marina 261 ,719 (6.0 Ac. ) Available Upland Area 104,920 ( 2.41 Ac. ) Deficiency in Upland Area for Proposed Operations 156,799 (3.6 Ac. ) November 8, 1989 Mr . Gerald Goehringer Southold Town Baord of Appeals Southold Town Hall Southold, N.Y. 11971 Dear Mr . Goehringer, We appreciate the Board 's recessing the last meeting to allow us to respond to the questions raised by Mr . Flynn at that time . We received a copy of the transcript on Oct. 10th. Mr . Flynn' s comments cover from Page 92 to 112 and they cover many different subjects . I will try to respond to them in a logical manner . As I read the transcript I got the distinct impression that Mr . Flynn feels that I and my family are sly, sneaky, devious businessmen and all the other owners of marinas are probably like US . I refer here to the comments on Page 94 about other lots I may own, on Page 102 where he refers to the "Slips Available" sign which he insinuates I removed when I realized he would use it against me and on Page 108 where he refers to a "trick involved" implying that some attempt has been made to cover up the fact that I have an interest in the property on which the motel is located . My family has been operating the Port of Egypt since February 1946--over 43 1/2 years . I worked there part time all through grade and high school and full time since February of 1969--or over 20 years . During all these years we 've worked at building up the business so it could support all the family members as well as non-family members who work there . At the same time we 've been good neighbors in the community and have provided services that are needed . That 's why I resent the implication that we are bad people . Like most other small businessmen, we have invested money, time and energy into our business with the hope of making a profit . We always face the risk of losses due to changes in the economy or hurricanes like Carol in 154 or Gloria in 185 . The reason we want to build the new storage building is to allow us to fullfill a demand for service (primarily winter storage at this time ) and increase our income base so we will be less susceptible to fluctuations in the boat sales end of our business . Having stated my position, let me address the comments made by Mr . Flynn. On Page 93, Mr . Flynn makes reference to the property on which the motel is located . This property was purchased in 1984 by myself, my wife, her brother and his wife . Since we are all equal share- holders- I own 25% --If it assumed that I can convince my wife to go along with my wishes-than I control 50%. We purchaser) the property through the Suffolk County Industrial Developement Agency. On Page 108 Mr . Flynn implies that this was a bit of trickery on our part, as I mentioned earlier . In addition he throws in a zinger at the the bottom of Page 108 in which he states that by using the IDA (hiding behind the IDA) we are tax exempt . I use the term "zinger" here because Mr . Flynn is trying to show or prove that we used devious means to get the money to buy the property and we don' t pay taxes besides . 5 , Let me state the real facts here . The purpose of an IDA loan is to Help new businesses start and existing businesses grow by making money available at a reduced rate and providing some tax breaks . We actually borrowed the money from NFBT to purchase and refurbish the property whcih was extremely rundown. The bank loaned us the money at 11% which was a lower rate than usual because they are exempt from income tax on the interest income they receive . We are not exempt from property taxes--we make a payment in lieu of taxes . This year we paid $24, 907 . 00 . We bought the property because we thought it was a good investment. However, primarily because of brown tide, it has not been such a great investment. There are no scallops so the scallop shop closed down. The fish in the bays were not so numerous so sales of fish and fishing tackle are down, and tourists have not been overabundant, so the motel revenue is down. At the present time we 'd like to sell but the real estate market is down too . I now state that in evaluating the requests for variances with regard to our permit, the motel property should not be considered . I 'm sure the town attorney can rule on that . By the way, with reference to Albertson Marine on Page 109--Albertson Marine leases the marina sales store on the property. Let ' s go back to Page 102 where Mr . Flynn refers to our "Slips Available" sign and draws the conclusion that there is no demonstrabele demand and this is all an exercise in futility. This year we never quite filled all our slips--we had about 10 open and we had about 10 openings in high and dry. Based on the increase in demand for slips and H/D space, next year we expect to be a* 100%. Next year, if we have not rented all our slips over the winter, we will put the sign out again. No growing business waits until it is at capacity before it expands to meet demand . It tries to anticipate demand! Providing available Hi&Dry slips is a logical step on our part . We, in fact,have a present demand for inside winter storage which greatly exceeds our capacity. We now have a waiting list . By Christmas our present building will be completely filled--as it has been for the previous 2 winters . It was this demand that caused us to decide to erect a new building 3 years ago. By the way, our first meeting with Town Representatives took place 2 years ago November . On Page 105 Mr . Flynn makes reference to the winter storage needs of boats in the marina as well as those of area boaters who keep their boats near their homes . It is the needs of these boaters that have created the immediate demand just mentioned . And providing winter storage is one of a marinas key income sources--we could not survive without it . ' t There are some key factors that should be brought out here . some of the boaters who dock their boats in the water take their boats home for the winter as Mr . Flynn properly stated . The same is true of people who keep their boats in Hi&Dry. Over the years, we have observed that as Hi&Dry boats leave, we fill in with winter storage of boats . One of the problems we face when we fill our building to capacity is that we can not get at those boats to work on them, that is, to conduct maintenance requested by the owners . When we are trying to get this work done and thus keep our employees working, we have to do a lot of boat juggling which is time consuming and expensive . The new storage building will relieve this pressure . On Page 105 Mr . Flynn states that 1000 to 1250 sq. ft . are required to store boats when a travel lift is used . Even a 10x30 boat only takes 300 sq. ft. not 1000-1200 . We don' t use a travel lift--but even yards with a travel lift use the space between large b0dt6 to 5tore Small bozitb, so no space is, wasted . One of the "plus" sides of a storage building is that it allows 3 to 4 times as many boats to be stored on the same area of upland which should be considered a very positive benefit . On Page 102, Mr . Flynn raises the question of how we can stack boats three high with a 25 ' eve height . I don' t know what that has to do with the request for a varience, but it happens that we will be able to stack boats 3 high and if the boats are small, 4 high. He also states that the building is dangerous on Page 103 . Similar structures exist all over the country. There have been a few fires . That 's certainly one of the big fears of every marina owner . We all take as many precautions as possible and the risk is minimal . When there is a fire, the boats don ' t explode, they burn and the building collapses on top of the boats and it 's a big mess . That 's one of the risks we take in the business . In this case we propose to erect the building in an area not adjoining dwellings . There 's a 60 ' buffer to the marina on the west and over 60 ' to the chicken restaurant and offices to the east with a septic system in-between. So it would appear to be as safe a place as one could find in the area . On Page 98, Mr . Flynn gets into a lengthy analysis of parking. It is my understanding that that question is in the hands of the Planning Board . However, I 'd like to address it for the record . Based on our experience over the past twenty years, we never have had even 50% of our boats in use on any given day. In our proposal to the planning board, we have dedicated all our land on the north side of Route 25 to parking. ' We don't anticipate that we ' ll ever need this area and in fact we hope that in the future a realistic figure well be placed on parking requirements, which will allow us to use that land for something else . We would like to point out that on an occasion when parking requirements were in excess of spaces shown on the plot plan, we could park cars in the bottom bays of the building which would take care of 40 cars instantly . And we could always resort to stacking the cars in the boat racks, or use valet parking inside . As the board probably knows, Southold Town conducted a survey this; summer at all the marinas in Town to see what parking requirements realy were . The results of the survey showed that even on the busiest weekends, requirements were only about 1 car for 3 boats . Our application is before this board for a ruling on three variences . We need the side yard varience so as to allow the maximum parking on the west side of the new building. This will also minimize the reduction of the view towards the water from the road and the existing restaurant (Armando ' s ) . We need the front yard setback to give the most maneuvering area on the southside of the building by the water . The building will be further off the road than existing buildings on the property and its location will not change the character of the neighborhood . Gentleman, we have tried to analyse all the various calculations of Mr . Flynn from Page 92 through 101 unsuccessfully. We certainly could not see why the concrete washing pad in front of the bulding would be considered a building by Mr . Flynn. (see top of Page 96 ) There is no attempt at segmentation of our property. We had Van Tuyl Surveyors calculate the area of all the land belonging to Port of Egypt Enterprises on the south side of Route 25 and that area is 216, 058 sq. ft . It does not take into account the basin. The actual area of each building was also calculated and the total is 66, 498 sq. ft . The total building area is 30 . 78% of the total land area . Since this is only slightly over the limit of 30% we ask for the waiver . We would like to add that we are presently negotiating with the N.Y.S .D.O .T. to purchase or lease, at a minimum, the area directly in front of the restaurant. If and when that occurs we will have at least 9240 sq. ft . of additional land which will reduce our lot coverage to 29 . 5%. It certainly appears likely that this will occur since the D .O.T. in its letter to the Planning Board, dated June 29, 1989 says that they will require us to lease the land. As stated above, it 's a fairly simple calculation of land area and building area and the figures speak for themselves . We thank the board for taking the time to allow us to respond to Mr . Flynn's comments . If as a result of any further comments made by Mr . Flynn or anyone else, the board needs further information from us, we will be happy to provide it . We have with us the deeds requested at the last hearing. We ask that the board review the facts and make a decision on our request as soon as possible . Sincerely, i Willaim H. Lieblein President, Port of Egypt l�� ,•��',•}... -:;.:i ,;,i, Via- � nn "I �/ l Town Hall. 53095 Main Road ` ,'~ ~"';,� ,,, �.' (`� P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 1989 Merlon Wiggin Peconic Associates, Inc. Greenport, NY 1,1944 RE: Proposed Boat Storage 1000-56-4-10.1,11 & 13 .2 1000-3-.2,3 .3, 4 & 6.1 Dear Mr. Wiggin: The Planning Board has reviewed the revised storm drainage plan (dated May 5, 1989) that you submitted with your letter of August 17, 1989. This letter is to follow up a call made to your office on September 6 , 1989, whereby the following message was left on the answering machine.. In order for the Board to continue its review, test hole data is required. This was previously mentioned during our recent meeting on July 21, 1989. The Town' s Engineering Consultant has asked for this information so that the drainage plans can be reviewed. Upon receipt of the requested test hole data, the Board. and the Engineering Consultant will be able to proceed with the review of the drainage system. Very truly yours, i Bennett Orlowski, Jr. Chairman cc: William Lieblein Gerard Goehringer, Chairman, Zoning Board of Appeals rgk r 8 a a < 4 ,r,.. Southold Town Board of Appeals � �r wr'�'�.` �i . ,v MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., `N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (616) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. August 23, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Mr. Merlon Wiggins 1 Bootleg Alley Greenport, NY 11944 Re: Appl. No. 3770 - Port of Egypt Inc. (Variance) Dear Mr. Wiggins: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews ,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 September 21, 1989, 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 dff 1 w r PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootley Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 July 11 , 1989 Southold Town Zoning Board of Appeals Main Road - State Road 25 P . 0. Box 1179 Southold , L . I . New York - 11971 Re : Port of Egypt Enterprises Boat Storage Building SCTM # 1000-56-4- 10 . 1 , 11 & 13 .2 , # 1000-56-3 . 2 , .3 , 4 9 6 . 1 Gentlemen : In preparation for the Z . B. A. hearing , the following is a recap of the requested actions : - 1 . Bulk Schedule : Front Yard - - Previously requested under Light Industrial (50 Feet ) . Actual requested distance , 20 Feet . Rear Yard - - Within 75 Feet of bulkhead (239 .4 , B ).. Lot Coverage - Based on a recalculation of land area by the surveyor , the lot coverage is now calculated at 31 % versus the 30% allowed . ( Variance forms under separate cover. ) NOTE : In a telephone conversation with Victor Lessard , he is issuing a revised Building Permit Denial to cover the above . 2 . Enclosed are six (6 ) copies of the overall Property Plan , Site Plan , and Drainage Plan . The latter is being reviewed by the Planning Board ' s Consultant . r , Southold Town Zoning Board of Appeals July 11 , 1989 Page 2 3 . Additional information : a . To better depict the proposed dry stack operation , enclosed are Figures 1 , 2 , and 3 that depict the required width and height dimensions . Please note that the 130 Ft. width and. the 41 Ft . height (centerline distances through stack section ) are minimum for the proposed operation . Also , enclosed are some photographs of actual operations . b . The physical and economic justification are enclosed . C . The building height to the West (Albertson Marine) is 40 Feet . d . Buildings of similar height and width for dry stack operations can be visited in Norwalk and Clinton , Connecticut . Bill Lieblein can arrange site visits if required . e . It is also suggested that emembers of the Z. B .A. visit the Port of Egypt and have the .dry stack operation demonstrated so as to show operational height and width requirements . Sincerely , PECONIC ASSOCIATES, INC. erlon E. Wiggi h . D. ,M. E. President Enclosures cc : Mr. William Lieblein File MEW/iw -15 / 1 n Town Hall. 53095 Main Road " `�+ ' P.O. Box 1179j Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21 , 1989 Merlon Wiggin Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 Re: Proposed Boat Wage 1000-56-4-10. 1 , 11 & 13 . 2 1000-56-3 . 2, 3 . 3 , 4 & 6 . 1 Y . Dear Mr. Wiggin: Enclosed is a copy of a letter received from the State of New York Department of Transportation concerning their review of your plans. Please keep the board informed as to your response to the States requests. The board will need fiv e copies of the revised plan to send to the Regional Permit Engineer. ry trul y , Bennett Orlowski, Jr. Chairman cc: Victor Lessard Jay Schondebare vf�oard of Appeals Town Trustees �— fxceisidx STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KUZLOSKI FRANKLIN E. WHITE REGIONAL DIRECTOR r) (� l �l!] r� COMMISSIONER June 29, 1989 � � �� f ,i Bennett Orlowski Town of Southold i Planning Board;; Town Hall 53095 Main Road Southold, New York 11971 Gentlemen: Our Case No. 89-119 Port of Egypt p� Route 25, Southold Our review of the subject plans was coordinated by Mr. James Lentini of my staff. The entire frontage of the site must be curbed, and the shoulder must be rehabilitated across the site's frontage. Three driveways would seem to be appropriate for this site, one being the existing intersection with Old Main Road which might be relocated to the east to better service the adjacent parcel. This would have to be approved by the Town of Southold. At present, land on the south side of Route 25 is being utilized for boat storage and other business. The shoulder and pavement in this area has been severely eroded. Curbing and shoulder re's•toration must also be provided for this area. The subject applicant is utilizing a portion of state property for his operation. A review of our records reveals that this property was never conveyed to another party and is presently not available for abandonment or sale. Therefore, the applicant must contact Mr. F. Persan of our Real Estate Group at the above address and request a Use and Occupancy Permit. The Town of Southold has required the applicant to provide drainage information. Drainage proposals must address both sides of Route 25 in this area. On the north side,' a culvert presently drains from the state highway onto the adjacent railroad tracks. The existing drainage system in this area may require cleaning or restoration, since the developer filled the marsh area along state right-of-way. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Bennett Orlowski June 29, 1989 Page 2 Please send five copies of revised plans to our Regional Permit Engineer, Mr. Vito Lena, at the above address. If you have any questions, kindly contact Mr. Lentini at (516) 360-6020. Thank you for your cooperation concerning this matter. Very truly yours, T. C. HOFFMAN Regional Traffic Engineer cc: Ms. Valerie Scopaz TCH:JH:JS f� R Ln kAppeals Southold Town Board of : MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a ropy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to, call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff Southold Town Board of Appeals Regular Meeting of February 1 , 1990 Copies to the following on or about January 24 , 1990 Suffolk Times , Inc. L. I . Traveler Watchman Town Clerk Bulletin Board , (Main Lobby) ZBA Office Bulletin Board (East Hall ) ZBA Board Members (with copies of files ) ZBA Individual Files Mr . H. Hunstein 302 Saville Rd. , Mineola , NY 11501 Riverside Homes , as Agent for Thomas Eschmann 1159 W.. Main St. , P..O. Box 274 , Riverhead , NY 11901 Mr. Anthony Mercorella 131 Duxbury Road , Purchase , NY 10577 Karen Hagen , Esq . for Harriet Spilman Wickham , Wickham , Bressler Main Road , P . O. Box 1424:; Mattituck , NY 11952 Salvatore DiSalvo as Agent for Gerhard Schreeder 47-39 162nd Street , Flushing , NY 11358 J . Parker Wickham 410 Airway Drive , Mattituck , NY 11952 Louise Beck Schnabel for Pagnozzi 1600 Jockey Creek Drive , Southold , NY 11971 Cheryl Pagnozzi 1450 Jockey Creek Drive , Southold , NY 11971 Mr. Ray Blum for Peconic Bay Vineyards Main Road , P . O. Box 709 , Cutchogue , NY 11935 Mr. Kerry Bidwell for Bidwell Wineries Route 48 , Cutchogue , NY 11935 Daniel Ross , Esq . for Ochsenreiter and Lenceski Wickham , Wickham & Bressler Main Road , P. O. Box 1424 , Mattituck , NY 11952 Daniel Ross , Esq . for Robert & Ethelle Schroeder Wickham , Wickham & Bressler Main Road. , P. O. Box 1424 , Mattituck , NY 11952 Southold Town Board of .Appeals Regular Meeting of February 1 , 1990 . Copies to the following on or about January 24 , 1990 Mr. Theodore Traturis for Robert & Ethelle Schroeder 5804 7th Avenue , Brooklyn , NY 11220 Mr . Eraklis -Apodiacas for Robert & Ethelle Schroeder 7122 Ridge Boulevard , Brooklyn , NY 11209 Mr. David Gillespie for Robert & Ethelle Schroeder 221 North Road , Greenport , NY 11944 Mr. Merlon Wiggin for Port of Egypt Peconic Associates , 1 Bootleg Alley , Greenport , NY 11944 MAILING LIST FOR MARCH 29, 1990 Suffolk Times Traveler-Watchman Clerks Bulletin Board Z.B.A. Bulletin Board Mr. Merlon Wiggin Peconic Associates P.O. Box 672 Greenport, NY 11944 Anthony Tohill, Esq. 12 First Street Riverhead, NY 11901 Mr. Robert Ochsenreiter 600 Bayer Road Mattituck, NY 11952 Mr. Edward Lenceski 500 Bayer Road Mattituck, NY 11952 7:45 p.m. Appl. No. 3893 - gazebo in front yard area. Property 8:40 .p.m. Appl. No. 3890 - MI''""L'L AND CLAIRE GLEW. Location: 16705 Mr:'nad,Route WALTER GLASSER. Special Ex- Va ; to the Zoning Ordinance, 25,East Marion, C Tax Map ception to the Zoning Ordinance,Ar- 28i pproval of Access Right-of: No. 1000,Section i . xk 1,Lot tide IX,Section 100-91,for permis- _ Way,(Article XXVIII,Section 100- 14.6. lion for change of use from Place of 281 B. construct a one family Worship toOffice/Apartment.Prop- dwelling).Progeny Location;61339 8:15 p.m. Appl. No. 3888 - eny Location:475 Beckwith Avenue, Main Road,Southold Count Tax ERNEST TARMIN.Variance to the Southold, County Tax Map No. Y Zoning Ordinance, Article III, 1000,Section 061,Block I.Lot 25. B Map No.1000,Section 56,Bloch 1, Section 100-33, for permission to Lot 41. construct Accessories; pool,tennis 8:45 p.m. ArpL No. 3882 - 7:50 p.m. Appl. No. 3873 - court and shed in front yard area. BIDWELL WINERIES.Special Ex- d NOTICE OF HEARINGS VINKO NALETILIC.Variance to the Property Location:29823 Row off NOTICE IS HEREBY GIVEN, Zoning Ordinance,Article III A.Sec- Y ception to the Ordinance,Ar- NOTI to Section RE of the Town tion ]00-30 A.3,for permission to Main Road,Orient,County Tax Map ticle III,Section 100-30,for approval Lm No. 1000,Section 14,Block 2,Lot of consumer tasting and retail sales k Law and the Code of the Town of construct a deck addition, 1.10. Southold,the following hearings will construction exceeds permitted lot 8:20 m. Appl. No. 3887 - from the Winery.Property Location: be held b the SOUTHOLD TOWN coverage of this R-40 Zone District p' PP Route 48,Cutchogue, County Tax Y 8 MARK AND ELLIE GORDON. Map No.1000,Section 96,Block 4, : BOARD OF APPEALS at a Regular Property Location:780 Orchard Street Variance to the Zoning Ordinance, 43. Meeting,at the Southold Town Hall, and 1300-2nd Street,New Stfffolk, Article III,Section 100-33,for per Lot- Main Road,Southold,NY 11971,on County Tax Map No. 1000,Section mission to construct a tennis court in 8:50 p.m. Appl. No. 3896 - TUESDAY,DECEMBER 19.1989, 117,Block 7,Lot 22. frontyard area. Property Location: JERRY GAMBONE AND KES at the following times: 7:55 p.m. Appl. No. 3879 - 1019 Private Road M7 Fords Road,, ZAPKUS.Special Exception to the 7:30 p.m. Appl. No. 3870 = CHARLES MALONE.Variance to Southold, County Tax Map No. Zoning Ordinance,Article IX,Sec- MATTHEW CUSUMANO.Variance the Zoning Ordinance,Article XXIII, 1000.Section 87.Block 1,Lot 18.4. lion 100-91.for permission to have to the Zoning Ordinance, Article Section 100-230C (1). 100-231 A., 8:25 p.m. Appl. No. 3891 - Office/Retail business on first floor XXIH, Section 100-239d, (Article for permission to construct a 6 ft. EL17ABETHJOHNSTON.Variance and residential serial apartment on IIIA,Section 100-30 A.3)as disap- fence in frontyard area,fence exceeds to the Zoning Ordinance,Article III, second. floor. Property Location: proved,for permission to construct a 4 ft.in height.Property Location: Section 100-32.4(A),for permission 55415 Main Rosd,Southold,County deck and other additions,proposed 358 North Sea Drive, Southold, to construct a lap pool, accessory Tax Map No. 1000, Section 62, construction will be less than 75 ft. County Tax Map No. 1000,Section pools not permitted in frontyard am& Block 1,Lot 12- from water or wetlands and will have 54,Block 5,Lot 19. Property Location:Row off Oregon insufficient front and rear yard set- 8:00 p.m. Appl. No. 3886 - Road,Cutchogue,County Tax map 8:55 p.m. Appl. No. 3872 - backs.Property Location-435 Briar- ROBERT STAPLES.Variance to the No.-1000, Section 073, Block 02. COMPASS TRANSPORTS. Reso- wood Lane,Cutchogue,County Tax Zoning Ordinance, Article XX M, Lot 01. lution to conclude hearing in its en- Map No. 1000,Section 136, Block Section 100-239d(C),for permission tirety. 01,Lot 01. to construct a new dwelling adjacent CKI p.m. Appl. No. . - lank, 7:35 p.m.Appl.No.3868-NI- to freshwater wetlands in this R-40 DICKINSON/TIIOMPSON. F E PT. op 37m io CHOLAS NICKOLAUS.Variance to Zone District,proposed dwelling will Variance to the Zoning Ordinance, PORT OF EGYPT.Proposed motion the Zoning Ordinance,Article XXIII, be closer than 75 ft.from freshwater. Article I.Section 106-20,(Article III, of the Board to reopen said hearing, Section 100-239d A,as disapproved, wetland. Property Location: 785. Section 100-32). for approval of closed on November 8,1989. for permission to construct addition Wilmarth Avenue, Greenport, insufficient area in this pending The Board of Appeals will at said to existing one family dwelling and County Tax Map No.,1000,Section division of land and Bulk and Parking time and place hear any and all per- accessory building,proposed con- 41,Block 1,Lot 7. , regulations.Property Location:Main sons or repummutives desiring to be struction is less than 100 ft. from 8:05 p.m. Appl. No. 3894 - Bayview Road, Southold, County heard in each of the above matters. bluff of Sound in this R-80 Zone JOSEPH AND LA W R E N C E Tax Map No. 1000, Section 078, Written continents may also be sub- District. Property Location: 17555 PEARLSTEIN.Variance to the Zen- Block 09,Lot 30. mitted prior to the conclusion of the Soundview Avenue, Southold, in8 Ordinance,Article XXIV,Section. 8:35 p.m.Appl.No.3889-IT- subject hearing. Each hearing will County Tax Map No. 1000,Section 100-244B, for permission to con-- MOTHY AND GEORGE WELLS. not start before time allotted. 51,Block'1,Lot 2. struct deck addition with insufficient- Variance to the Zoning Ordinance, Additional time for your presentation 7:40r p.m. Appl. No. 3881 - front yard setback.Property Location' Article III A,Section 100-30 A.3, will available,if needed.For more WARREN AUGENTHALER.Vari- 2225 North Sea Drive, Southold, Bulk and Parking Regulations; information.ph�secall 765-1809. ce to the Zoning Ordinance,Article County Tax Map No. 1000,Section:.L (Article I,Section 106-20).for ap Dated ORDER O4, 1989. an III,Section 100-33,for permission to 54,Block 04,Lot 23. proval of insufficient area in this- BYO TOWN OF THHEE SOUTHOI construct accessory building in front- 8:10 p.m. Appl. No. 3892 - pending division of land. Property TOWN BOARD OF APPEALS yard area.Property Location: 7225 ANTHONY BOLLETINO.Variance Location: South Harbor Road, GERARDP.GOEHRINGER Nassau Point oad, Cutchogue, to the Zoning Ordinance,Article III, Southold, County Tax Map No. C AIRMAN County Tax Mr No. 1000,Section Section 100-33, for permission to .. 1000, Section 075, Block 07,'.Lck `-� By Donee Ferwerda 111.Block 15, t 12. construct an accessory shed and 1.3, 1.4, 1.5. a 6520-iTD7 Patricia Heaney ofMattituck, in said County, being duly sworn,says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the notice of which the annexed is a printed copy,has been regularly published in said Newspaper once each week for I _ weeks successively, commencing tin the 7th day of December 19-u Principal Clerk •/�j./ ( i )C) � Swoon to befo ne me,this f jar day of �a 19S 7�errn Gr.Hiru 1cL�Je: a y 7:5f--i. Appl. No. 3873= VINi� kLETILIC.Variance to the.,,ing Ordinance,Arti- cle III A,Section 100-30 A.3,for area. Property Location: 1019 8:55 p.m. Appl. No. 3872- NOTICE OF HEARINGS permission to construct a deck Private Road #7 Fords Road, COMPASS TRANSPORTS. NOTICE IS HEREBY addition, construction exceeds• Southold,County Tax Map No. Resolution to conclude hearing GIVEN, pursuant to Section permitted lot coverage of this. 1000, Section 87, Block 1, Lot g 18.4. in �jjs,&tirety. 267 of the Town Law and the R 40 Zone District. Property. .> �5 p.m. Appl. No. 3770- Code of the Town of Southold, Location: 780 Orchard Street 825 p.m. Appl. No. 3891' PORT OF EGYPT. Proposed the following hearings will be and 1300-2nd Street New Suf- ELIZABETH JOHNSTON. ' Variance to the Zoning Ordi- motion of the Board to re-open held by the SOUTHOLD folk,County Tax Map No. 1000said hearing closed on Novem- TOWN BOARD OF APPEALS Section 117, Block 7, Lot 22. nance, Article III, Section her 8, 1989. at a Regular Meeting, at the 7:55 p.m. Appl. No. 3879- (A), for permission to The Board of Appeals will at Southold Town Hall, Main CHARLES MALONE. construct a lap pool, accessory said time and place hear any and Road, Southold, NY 11971, on Variance to the Zoning Ordi- Pools not permitted in frontyard g allarea. Property Location: Row Persons or representatives de- TUESDAY, DECEMBER 19, nance, Article XXIII, Section off Oregon Road Cutchogue, siring to be heard in each of the 1989, at the following times: 100-230C (1), 100-231 A., for , above matters. Written com- 7:30 p.m. Appl. No. 3870- permission to construct a 6 ft. County Tax Map No. 1000,Sec- ments may also be submitted MATTHEW CUSUMANO. fence in frontyard area,fence ex, tion 073, Block 02, Lot 01. prior to the conclusion of the Variance to the ZoningOrdi- ceeds 4 ft. in height. Property 8:30 p.m. Appl. No. 3884- g subject hearing. Each hearing nance, Article XXIII, Section Location:358 North Sea Drive, DICKINSON/THOMPSON. will not start before time allot- Ta Variance to the Zoning Ordi- 100-239d,(Article IIIA,Section Southold,County x Map No. ted. Additional time for your 100-30 A.3)as disapproved,for 1000 Section 54 Block 5 Lot nance,Article I,Section 106-20, PP , presentation will be available,if permission to construct a deck 19. (Article III,Section 100-32),for P approval of insufficient area in. needed. For more information, and other additions, proposed 8:00 p.m. Appl. No. 3886- please call 765-1809. construction will be less than 75 ROBERT STAPLES. Variance this pending division of land Dated December 4, 1989. ft. from water or wetlands and to the Zoning Ordinance,Arti- and Bulk and Parking regula- BY ORDER OF THE will have insufficient front and cle XXIII,Section 100-239d(C), tions. Property Location:Main SOUTHOLD TOWN BOARD rear and setbacks. Property for Bayview Road,Southold,Coun- OF APPEALS y p permission to construct a Location:435 Briarwood Lane, new dwelling adjacent to fresh- ty Tax Map No. 1000; Section078 Block 09 Lot 30 GERARD P. GOEHRINGER , , o . Cutchogue, County Tax Map water wetlands in this R-Q Zone CHAIRMAN No. 1000,Section 136,Block 01, district, proposed dwelling will 8:35 p.m. Appl. No. 3889- By Doreen Ferwerda Lot 01. be closer than 75 ft.from fresh- TIMOTHY AND GEORGE 1X, 12/7/89 (10) 7:35 p.m. Appl. No. 3868- water wetland. Property Loca-In, WELLS.Variance to the Zoning NICHOLAS NICKOLAUS. tion: 785 Wilmarth Avenue, Ordinance, Article III A, Sec- Variance to the Zoning Ordi- Greenport, County Tax Map tion 100-30 A.3,Bulk and Park- nance, Article XXIII, Section No. 1000, Section 41, Block 1, ing Regulations,(Article 1,Sec- 100-239d A,as disapproved,for Lot 7. tion 106-20),for approval of in- permission to construct addition 8:05 sufficient area in this pending pe p.m. Appl. No. 3894E to existing one family dwelling JOSEPH AND LAWRENCE division of land.Property Loca- and accessory building,propos- PEARLSTEIN.Variance to the tion: South Harbor Road, ed construction is less than 100 Zoning Ordinance, Article Southold,County Tax Map No. ft. from bluff'of Sound in this .XXIV, Section 100-244B, for 1000,Section 075,Block 07,Lot R-80 Zone District. Property permission to construct deck 1.3, 1.4, 1.5. - Location: 17555 Soundview addition with insufficient front 8.40 p.m. Appl. No. 3890-• Avenue, Southold, County Tax yard setback.Property Location I WALTER GLASSER. Special- Map No. 1000,Section 51,Block 2225 North Sea Drive,Southold, Exception to the Zoning Ordi-' 1, Lot 2. ; . County Tax Map No. 1000,Sec- nance, Article IX, Section' 7:40 p.m. Appl. No. 3881- tion 54, Block 04, Lot 23. 100-91, for permission forWARREN AUGENTHALER. 8:10 p.m. Appl. No. 3892- change of use from Place of Variance to the Zoning Ordi' ANTHONY BOLLETINO. Worship to Office/Apartment.. nance, Article III, Section. Variance to the Zoning Ordi- Property Location: 475 Beck-• 100-33, for permission to con-. nance, Article III, Section With Avenue, Southold, Coun- struct accessory building in•f°: 100-33, for permission to con- ty Tax Map No. 1000, Section frontyard area. Property Loca- struct an accessory shed and 061, Block 1, Lot 25. tion; 7225 Nassau Point Road, gazebo in front yard area. Pro- 8:45 p.m. Appl. No. 3882= Cutchogue, County Tax Map perty Location: 16705 Main BIDWELL WINERIES.Special No. 1000,Section 111,Block 15, Road, Route 25, East Marion, Exception to the Zoning Ordi- Lot 12. County Tax Map No. 1000,Sec- nance, Article III, Section 7:45 p.m. Appl. No. 3893- tion 23, Block 1, Lot 14.6. 100-30, for approval of con-m MICHAEL AND CLAIRE 8:15 p.m. Appl. No. 3888- sumer tasting and retail sales GLEW.Variance to the Zoning ERNEST TARMIN.Variance to from the Winery. Property Ordinance, 280-A Approval of the Zoning Ordinance, Article Location: Route 48,Cutchogue, Access Right-of-Way, (Article III,Section 100-33, for permis- County Tax Map No. 1000,Sec- XXVIII, Section 100-281 B, sion to construct Accessories; tion 96, Block 4, Lot 4.3. construct a one family dwell- pool, tennis court and shed in 8:50 p.m. Appl. No. 3896- ing). Property Location: 61339 front yard area.Property Loca- JERRY GAMBONE AND KES j Main Road, Southold, County tion:29823 Row off Main Road, ZAPKUS.Special Exception to i ' the Zoning ordinance, Article Tax Map No. 1000, Section 56, Orient, County Tax Map No. Block 1, Lot 41. 1000, Section 14, Block 2, Lot IX, Section 100-91, for permis- 1.10. j sion to have Office/Retail 8:20 p.m. Appl. No. 3887= 1 business on first floor and resi- MARK AND ELLIE GOR= dential rental apartment on sec- DON. Variance to the Zoning. and floor. Property Location: Ordinance, Article III, Section 55415 Main Road, Southold, 100-33, for permission to con- County Tax Map No. 1000,Sec- struct a tennis court in frontyard tion 62, Block 1, Lot 12. GO } 4 . k, Southold Town Board of AppealsMAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE(516)765-1809 FAX NO. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewitho'as- confirmation of the time, date and place of the public he concerning your application is a copy of the Legal Notce,' as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, 'Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the - times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff TO: FROM: ADDRESS: DATE: . SUBJECT: &67 kl COMMENTS: Ak it H�L it, eU cn�r/i�t,✓• T tvo N L Q r l¢ 1PFr'l�TF a J Signature 1 Southold Town hoard of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long. Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the 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.. s v'Peoer to /4Z GERARD P. GOEHRINGER CHAIRMAN dff 10 Ln `u# Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., V.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. 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 Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, NOVEMBER 8, 1989, at the following times: 7:30 p.m. Appl. No. 3867 - RICHARD AND PATRICIA SNOW - Variance to the Zoning Ordinance, Article XXIII, Section 100-231A, as disapproved, for permission to construct a fence, exceeds permitted 4 feet. Property Location: 1585 Long Creek Drive, Southold, County Tax Map No. 1000, Section 55, Block 07, Lot 03 . f Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 7 :35 p.m. Appl. No. 3885 - FRED AND CAROL HIDDINK - Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct an accessory inground pool, proposed construction will exceed permitted lot coverage in this R-40 Zone District. Property Location: 614 Bailey Avenue, Greenport, County Tax Map No. 1000, Section 34, Block 04, Lot 05. 7: 40 p.m. Appl. No. 3877 - HERBERT MACOMBER. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck with ramp, proposed construction will have insufficient side yard setbacks. Property Location: 250 Anglers, Road, Greenport, County Tax Map No. 1000, Section 36, Block 2, Lot 1. 7: 45 p.m. Appl. No. 3880 - FRED AND DIANE STERN. ,Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient rear yard setbacks. Property Location: 2110 Sigsbee Road, Mattituck, County Tax Map No. 1000, Section 144, Block 1, Lot 17 : Page 3 - Notice of Hearing Southold Town Board of Appeals Regular Meeting of November 8, 1989 7:50 p.m. Appl. No. 3871 - RICHARD AND JOAN GIBBS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4, (Article III , Section 100-33 , as disapproved) , for permission to construct an accessory building in front yard area. Property Location: 2140 Deep Hole Drive, Mattituck, County Tax Map No. 1000, Section 123, Block 4, Lot 4. 7: 55 p.m. Appl. No. 3869 - WARREN AND SUSAN CANNON. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval to construct poolhouse, pool and accessory garage in front yard area in this R-80 Zone District. Property Location: 4625 Aldrich Lane, Ext, Mattituck, County Tax Map No. 1000, Section 112, Block 01, Lot 14. 8: 00 p.m. Appl. No. 3876 - JOHN P. DEWAR. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval to construct an attached deck, proposed construction will have insufficient front yard setbacks in this R-40 Zone District. Property Location: 4420 Oaklawn Avenue, Southold, County Tax Map No. 1000, Section 70, Block 9, Section 46. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 8:05 p.m. Appl. No. 3878 - ROBERT POTDEVIN. Variance to the zoning Ordinance, Article III A, Section, 100-30 A.3, (Article XXIII, Section 100-239d (B) , for permission to construct an addition to existing one family dwelling, proposed construction will have insufficient side yard setbacks and is within 75 ft from the bulkhead. Property Location: 4250 Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 128, Block 4, Lot 23. 8:10 p.m. Appl. No. 3883 - BEST AND SYVERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-241 A, for permission to construct alterations, additions and conversion to year round use to existing dwelling, proposed construction will have non-conforming uses in this R-40 Zone District. Property Location: 420 Private Road #17 off of Mineola Road, Mattituck, County Tax Map No. 1000, Section 123, Block 6, Lot 17. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 8, 1989 8:15 p.m. Appl. No. 3872 - COMPASS TRANSPORTS (Markakis) . Variance to the Zoning Ordinance, Article XXV, Section 100-250, for approval of site plan before any certificate of Occupancy or building permits can be issued in this Hamlet Business Zoning District (HB) . Property Location: 175 Boisseau Avenue, Southold, County Tax Map No. 1000, Section 062, Block 01,Lot 16. 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 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 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda 8: 20 p .m. REOPEN-REARING-of-September 21 , 1989 , Appl . No. 3770- Port of Egypt. S Copies to the following on or about November 2, 1989: Suffolk Times, Inc. L.I . Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Richard W. Snow, 2 Ashley Court, East Islip, NY 11730 Mr. and Mrs. Fred Hiddink, 614 Bailey Avenue, Greenport, NY 11944 Mrs. Louise Macomber, 9200 Gregory Drive, Richmond, Virginia 23236 Mr. and Mrs. Frederic L. Stern, 3443 Bay Front Drive, Baldwin Harbor, NY 11510 Mr. and Mrs. Richard Gibbs, 8 Sunnyside Lane, Westport, CT 06088 Mr. Donald Denis, Main Road, Aquebogue, NY 11931 Mr. and Mrs. Warren Cannon, 4625 Aldrich Lane Ext. , Mr. Michael C. Eckhardt, 1000 9th Street, Driftwood Cove, Box 115, Greenport, NY 11944 Mr. Robert Potdevin, 208 Beechwood Road, Ridgewood, NJ 07450 Mr. Frederich S. Wallerius, 4230 Peconic Bay Boulevard, Laurel, NY 11948 Wickham, Wickham and Bressler P.C. , P.O. Box 1424, Mattituck, 11952 . Ms. Adlyn J. Syverson, 9 Boston Road, Bellrose, NY 11426 Ms. Margaret Best, P.O. Box 609, Mattituck, NY 11952 Ms. Mary Smith, Y75, Gilgo Beach, NY 11702 Mr. Andreas E. Markakis a/c Compass Transports S.A. 175 Boissea Avenue, Southold, NY 11971 Wesley Bednoski, 340 Soundview Avenue, Southold, 11971 Mr. Merle Wiggins l Bootleg Alley , Greenport , NY 11944 �tdti' r CL_:1TY OF SUFFOLK STATE OF NEW YORK ss: E 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 . . . . . . . 1:`K day o . . . . . . . . . . . . . . . . .. 19 . q Sworn to before me this . . . . . . • • • . . . . day of . . . . . . . . . . . . . , 19 , a'S . . . . . . . . . . . .. - � Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires 1/9, I i ` I 7:50 p.m. Appl. No. 3827- 8:20 p.m. Appl. No. 38?2-- 8:45 p.m. Appl. No. 3770 EDWIN KID [ERE Vari- ELLIOT,PASKOFF.Varia r ance to the Z 6 Ordinance,., ` PORT OF EGYPT.Variance to': Article I,Section 106-20,(Arti- the Zoning Ordinance, .the Zoning Ordinance, Article III A, Section 100-30A.3, (Ar- XII,Section 100-121C-122,(Sec- cle III,Section 100-31,as disap- title XXIII,Section 100-231(A), NOTICE OF HEARINGS proved), for approval of insuf- ,:..lion permission 9D, as disapproved):': 'NOTICE - IS :HEREBY ficient areas in this pending sub- �- -as disapproved),for permission �' for permission to construct Boat division as in Zone District.) to construct an attached deck `'Storage Building with insuffi- GIVEN,.pursuant•io Section.. g g 267 of the Town Law and the Property Location:. 350 Wood with insufficient side yard and.: "cient setbacks and excessive lot ' Code of the Town of Southold, Lane, Greenport, Section 043, accessory fence(trellis)in front M_-coverage in this"Marine II (M- B1ock,04, Lot 29-30-35. yard at the height of more'than II .Zonin the.following.hearings will be ) g District. Property required 4 feet.Lot area is non Location: Main ]toad; .: held :by the SOUTHOLD 7:55 p.m. Appl. No. 3864- conforming in this R 40 Zone Southold County Pax Map Noi TOWN BOARD OF APPEALS LOEPOLD STERN. Variance ' ra District.Property Location:205 1000,Section 056;Block 04,06L. at:a:Regular Meeting, at the to the Zoning Ordinance,Arti North Sea Drive,Southold,.NY, Southold Town Hall, Main : de XXIII,Section 100-239d,B ' Sec-:,' Lot 10.1,11, 12.2,3.2,3.3,4,:6. County Tax Map,No.1000,Sec :' 8;50 p.m. Appl..No. 3842-. Road, Southold; NY 11971, on (Article XXIV,Section 100-244, tion.54,;Block'4, Lot 4: i CRESCENT. BEACH .CON- THURSDAY,SEPTEMBER 21, 'as disapproved),for permission 8i25 p.m. Appl.'No. 3854 1989, at the following times to construct a one family dwell- DOS. Variance to.the.,Zoning :NANCY.'STEIN. Variance to ;',Ordinance.Article.XXVII,Seo 7:30 p.m.-Appl. No..3861 ing with an insufficient rearyard the Zoning Ordinance,"Article tion 100 271,as disapproved,for SOUTHOLD FREE LIBRARY. ;setback, approximately 75 feet III,Section Ordinance, (Article I,: Variance to the .Zoning Or- from the.bulkhead in.this R-40 "permission to enclose decks or dinance,. Article IX, Section' '._.'Zone District."Property Loca- Section 97-12C,as disapproved) patios of units.to be enclosed 100-102,as Disapproved, non- for 'permission,'to construct a with glass windows with insuffi- ( lion: 1390 Bayview Drive, East deck addition within 75 feet of" conforming Bulk area and park Marion,County Tax Map Dis '; cient setbacks. Property Luca- ing requirements of the Hamlet ., trio 1000, Section 37, Block 5, water or wetlands. Zoning Drs tion: End of Maple Lane,East Business District). Proposed,, Lot 22 trict R 40.'Property Location::. Marion,in this Resort/Resident.: 8:00 p.m. Appl.,No. 3865 2535 Cedar Lane,East Marion, construction will have insuffi pp' tial(RR)Zone District,County . CHARLES NAND.`.CAROL County Tax Map No: 1000,Sec o. 1000_Tun 3$ .cient total side yard.setbacks Map N , tron 037,.Block 04, Lot 10, Block 7, Lot;21 units Property Location:53705 Main BURST.,Variance to the Zoning $:36 p.m: Appl.'No 3857 -- Road, Southold; County Tax Ordinance, Article III A, Sec-_ 855 p.m: Appl. 3860 Map No.1000,Section 61,Block lion 100-30 A.3,as disapproved, MICHAEL:,POFFALIS Van DR:. PAUL -MITCHELU.. 1 Lot 14. `y� "for ance to the Zoning Ordinance, Variance to. the. Zomn Or,.• 'Permission to- construct Article XXIV;Section 100-244JIy,, g ' 7:35 p.m:AppL No. 3859 dinance, Artrcle III'A, Section addition with insufficient srde As disapproved,for permission -100-30A 3; as disapprove for" EMANUEL PIPERAKIS AND and rearyard setbacks in thr tP` PP. DIMITRIOS -AGRIROPOU to construct a deck addition, .' approval to construct a'single ! R 40 Zone District. Property >;,insufficient rear yard setback for family dwelling with insufficient LOUS. Variance to the Zoning Location: 705 Windy Point nonconforming lot in an'R40 Ordinance,Article XXIII, Sec Road,County Tax Map District front yard setback in this R-40 Zone'District: Property Loca Zone District. Property. Loc tion 100-239d(A)(1),as disap 1000,Section 87,Block 4,Lot 6. tion: 50 Captain:Kidd Drive, 5" proved, for permission to con- 8:05 p.m. Appl. No. 3866- F tion: 1015 Munn Lane, Oriem, Mattituck,County Tax Map No. >- struct an inground pool with HENRY ARBEENY. Variance , County Tax Map District 1,00, deck and fence,within 100 feet to the Zoning Ordinance, Arti- "028. Section 10-, Block 03,Lot Section 017. Block 02,:Lot.08: from Sound in this R-40 Zone cle VIII,Section 100-82,as dis- 02g:35 m. Appl. No. 3858 The Board of Appeals will at . District...Property Location: approved, for approval of P- PP said time and place hear any and 3410 North Sea Drive,'Orient; insufficient area in this pending ., BERNARD COSIMANO.Vari- all-.persons or`representatives County Tax Map No. 1000,Sec- ance to the Zoning Ordinance, desiring to be heard in each of lion 15, Block 1, Lot 3. '4b subdivision, (Light':Business -Article ' " XXIII, Section Zoning District(LB), Property the above matters Written coin- 100-239d, B. (Article XXIV, ,7:40 p.m. Appl. No. 3798- '• Location: Route 48 Kenny's merits may-also be submitted . Section 100-244,as disapproved) prior to the.conclusion of.the ELIZABETH McCANCE.Var- Road, Southold, County -Tax P g Map District 1000;Section 059, for permission to construct a subject hearing.Additional time fiance to the Zoning Ordinance,_' ( Block 07, Lot 31. deck addition within 75 feet of gor our r Article I, Section 106-20 Arti- _ y p esentation will'"be, - cle III Section 100-31 as Disa - bulkhead. `Construction has ;available, if needed..For more P 8:10 p.m. Appl. No. 3849 insufficient total side yard set proved)for approval of insuffi- CIPITELLI BROS REALTY. information, please call cient area in this pending divi- Variance to the Zoning Ordr backs in this R-40 Zone District 765-1809. Sion of land of property, R 80 Property Location:Watersedge Dated: September 1 1989. P (. nance, Article XXIII, Section t Way, Southold, County .Tax BY ORDER OF THE- Zone District.) Property Loca- 100-239d,A(1),as disapproved, „Map No. '.1000, Section 88, r ! tion: Mansion House Drive, for permission to construct a Block 5, Lot.63. a , & SOUTHOI D TOWDd Fishers Island;County Tax Map one family dwelling'with an in BOARD O APPEALS District 1000,Section 06,Block sufficient setback and within 8:40 p.m. Appl. No. 3542 GERARD P. GOEHRINGER O5, Lot 3-5.1. 100 feet from Long .Island t ., CLIFFSIDE (TIDE MARK), J CHAIRMAN: :' Variance to'-the 'Zoning Or- ' fi.d By Doreen Ferwerda '� 7:45 p.m. Appl. No. 3863 Sound in this R-40 Zone , ;:.^ dinance, 'Article. V, Section NICHOLAS TSIRKAS: Van- District. Location of Property f,e:' 1X, 9/14/89(25) ance to the Zoning Ordinance, 90 Petty's Drive;Orient,Coun - 100-SOB Special Exception,( or t-•- Article XXIV,Section 100-244, title permXIIission as disapproved) for ty Tax Map No, 1000, Section :_ x= permission to construct 76 motel as disapproved, for permission :: 14, Block 2, Lot 24. -Units in this Resort/Residential to construct a one family dwell- 8:15 p.m. Appl. No. 3852- (RR) Zone District. Property ing with an insufficient 40' RICHARD DiBLASI.Variance Location: 61475 County 48, frontyard setback in this R-40 to the Zoning Ordinance,Arti- Greenport, County Tax Map Zone District. Property Loca- cle III,Section 100-30A3,as dis- No. 1000,Section 045,Block 01, tion: 2700 Sound Avenue, approved,-for permission to_ Lot 01. Greenport, County Tax Map°• construct open deck in front District 1000,Section 033,Block yard,,nonconforming with bulk 01, Lot 11. 1N I area and parking regulations in this R-40 Zone District.Proper- ty Location:360 Bayview Drive, East Marion,County Tax Map . No:1000,Section 037,Block 04,. Lot 01. i�� 7,40 p.m. Appl. No. 3798- non I00-119.2 fA-icle I,Section I SSA ELIZABETH McCANCE.Variance ,.;': `97-12C,4s disc ed)for permis, COUNTY OF SUFFO to the Zoning Ordinance,Article I,' ;e sion to constr deck addition ; Section 106-20(Article.III Section within 75 feet of water or wetlands Of MattltUCk, in 100-31 as Disapproved) for ,Zoning District R-40. Property'q Patricia Heariee - approval of insufficient area in this; Location:2535 Cedar Lane, East i duly sworn,says that he/she Is Principal pending division of land of proper-'.:.�.,;, Marion;County Tax Map No.1000,1 i' said Countys being y ty, (R-80 Zone District.)Property":"• Section 037,Block 04,Lot 10. ' Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, Invocation:Mansion House Drive, !•- 8:30 p.m. Appl.No. 3857- of Fishers Island; County Tax Map MICHAEL TOFFALIS.Variance to "'" published at Mattituek, in the Town of Southold,County District 1000,Section 06,Block 05, the Zoning Ordinance, Article Suffolk and State of New York,and that the Notice of which Lot.3-5.1. XXIV,.Section 100-244.As disap- published in 7:45 pm.Appl.No.3863-M proved,for permission to construct the annexed Is a printed COPY,has been regularly CHOLAS TSIRKAS. Variance to •�>a deck addition,insufficient.rear - Newspaper ODC@ each week for 1 weeks the Zoning Ordinance, Article yard setback for nonconforming lot said14th day Of XXIV,Section 100-244,-as disap- in a R-40 Zone District.Property successively, commencing on the proved,for permission to construct Location:50 Captain Kidd Drive," �Pntember 19$� a one family dwelling with an insuf- Mattituck, County Tax Map No. ficient 40'frontyard setback in this.;r?`''1000,,Section 106,Block 03,Lot., R-40 Zone District.Property Loca- , . 028. , tion 2700 Sound Avenue,Green- :8c35 p.m:Appl. No. 3858 - port,County Tax Map District 10W, `:: .:BERNARD COSIMANO.Variance Section 033,Block 01,Lot 11'. ;'to the Zoning Ordinance;Article `7:50.p.m. Appl. No. 3827-.,', .` XXIII,Section 100-239d,B.(Arti- PrinClp Clerk EDWIN KINSCHERF.Variance to-.' :, cle XXIV, Section 100-244, as . the Zoning Ordinance, Article I,'.. '' disapproved)for permission to con- Section 106-20,(Article III,Section. struct a deck addition within 75 feet.<"' 100-31, as disapproved), for of bulkhead.Construction has insuf- approval of insufficient area in this ficient total side yard setbacks in "pending subdivision (R-40 Zone this R-40 Zone District.Property. :" SWORI to befor )me this' District:)Property Location:350 Location: Watersedge'7 Way, ,� Wood Lane, Greenport,Section. Southold, County Tax Map No. day of iW) . 043,Block 04,Lot 29-30-35. 1000,Section 88,Block 5,Lot 63 7:55 p.m. Appl. No. 3864- 8:40 p.m.Appl. No. 3542 NOTICE OF HEARINGS. LEOPOLD STERN.Variance to the CLIFFSIDE(TIDE MARK) Van '`NOTICE IS'HEREBY GIVEN,• pursuant to Section 267 of the Town, N1ARY K.DEGNAN Zoning Ordinance,Article XXIII 'ance to'the Zoning Ordinance,Arm P i / ,ore of New York Section 100-239d, B. (Article.:. •F:.`cle .V,Section 100-SOB Special Law'and the Code of the Town of f I+OTAR(i'JRLIC'State,4849860 // Suttofk County XXIV,Section 100-244,as disap- Exce tion, Article XIII,as disap- Southold, the following h arings 9 P ( P Term Expires Eebrttar proved),for permission to construct 'proved)for permission to construct:' . will be held by.tlte.SOU' HOLD a one.family dwelling with an insuf 76 Motel Units in this Resort/Rest TOWN BOARD.OF_APP LS at a ficient rearyard setback,approxi- .:`.dential(RR)Zone District Regular Meeting,of th outhold Prt3' Road, , Southold, mately 75 feet from the bulkhead in Location:,61475 County 48,Green NY 11971, 'on Town Hall,Main Road DAY,. this R-40 Zone District. Property port,County Tax Map No 1000 = _'SEPTEMBER 21, 1989,at the fo1= Location:1390 Bayview Drive,East Section 045 Block 01,Lot Marion,County Tax Map District p.m. Appl.No. 3770 lowing tunes' 1000,Section 37;Block 5,Lot 22 ,PORT OF EGYPT Variance to the ` '.-7:30 p.m. Appl. No. 38"61 8:00 p.m. Appl. No. 3865- Zoning Ordinance;ArticleXII,Sec' SOUTHOLD'FREE LIBRARY. CHARLES AND CAROL BURST. ;;`?tion 100-121C- 122,(Section 100- Variance to the Zoning Ordinance, . Variance to the Zoning Ordinance, .,239D,es disapproved)for permis-' Article IX,Section 100-102,as Dig- Variance III A.Section 100-30 A.3,as lion to,constrmct Boat Storage approved, (nonconforming Bulk disapproved,for percussion to'con- Building.with insufficient setbacks area and parking requirements of the struct addition with insufficient side : :and excessive lot coverage in this Hamlet Business district)Proposed; and rearyard setbacks in this R-40 ';' Marine II(M-In Zoning District. - construction will have insufficient Zone District. Property Location:.;=r', ;.1,Property Location: Main Road;' ` total side yard setbacks. Property" __705 Windy Point Road,County Tax 1J._•;Southold, County Tax Map No.: Location; County Main..-Road;. Map-District 1000, Section 87 , ,d000 Section 056 Block 04,06;` , Southold; County Tax Map No Block 4,Lot 6•_. _.__._ ::Lot 10.1,•11 12 2 3 2,3.3,4,6. 1000,Section 61,Block 1,Lot 14 8:05 p.m. Appl.No. 3866.- p.m. Appl. o. 2 7:35 p.m. Appl. No. 3859 HENRY ARBEENY,Variancetothe CRESCENT BEACH CONDOS `s EMANUEL PIPERAKIS :AND Zoning Ordinance, Article VIII; : ,-'s""Variance.to the Zoning Ordinance,~'- DIMITRIOS AGRIROPOULOUS;; Section 100-82,as disapproved,for Article XXVII,Section 100-271.as° ; Variance to the Zoning Ordinance, approval of insufficient area in this .. .`:-disapproved,for permission to en- Article XXIII, Section 100-239d - (A)(1).as disapproved,for permis- ,pending subdivision,(Light Busi- Close decks or patios of units to be. sion to construct an inground pool ness Zoning District(LB),Property enclosed with glass windows with _ with deck and fence,.within,100 Location:Route 48,Kenny's Road, "f".insufficient setbacks. Property 15 Southold,County Tax Map District Location:.End of Maple Lane,East • feet-from Sound in this tiowR-40 Zone' 1000,Section 059,Block 07,Lot 31. `.` Marion,in this Resort/Residential .< District. Property Location:3410 8:10 p.m. Appl. No. 3849= (RR)Zone District,County Map North Sea Drive, Orient; County CIPITELLI BROS.REALTY.Vari- _'No. 1000,Section 38,Block 7,Lot Tax Map No: 1000, Section-15, ante ro the Zoning Ordinance,Arti 21 units. Block 1,Lot 3 ^ 1, !. cle XXIII,Section 100-239d,A(1) - 8:55 p.m.Appl.No.3860 _ DR as disapproved,for permission to_„r;:`„rs'.PAUL1VITfCHELL Variance to the-- '. _ construct a one family dwelling , ',.,,Zoning Ordinance, Article III A, with a insufficient setback and with- ';`Section 100-30A-3,as disapproved,• in 100 feet from Long Island Sound for approval to construct a single in this R-40 Zone District.Location family dwelling with insufficient of Property:90 Petty's Drive,Ori- front yard setback in this R-40 Zone ent, County Tax Map No. 1000,. District. Property Location 1015 Section 14,Block 2,Lot 24. "Munn Lane,Orient, County Tax 8:15 p.m. Appl. No. 3852 Map District 1000,Section 017, RICHARD DiBLASI. Variance to Block 02,Lot 08. the Zoning Ordinance,Article III, . The Board of Appeals will at said Section 100-30A3,,as disapproved, time and place hear any and all per- for permission to construct open sons or representatives desiring to deck in front yard,nonconforming be heard in each of the above mat- with bulk area and parking regula- ters.Written comments may also be tions in this R-40 Zone District. submitted prior to the conclusion of Property Location: 360 Bayview ;r the subject hearing. Each hearing. Drive, East Marion, County Tax ;..',your presentation will be available, Map No. 1000,Section 037,Block if needed. For more information, 04,Lot 01. -. is `please call 765-1809. 8:20 p.m.Appl.No.3852 EL . ,! Dated,September 1,1989. LIOT PASKOFF. Variance to the :' BY ORDER OF THE SOUTHOLD Zoning Ordinance,Article III A;. TOWN BOARD OF APPEALS:" Section 100-30A.3,(Article XXIII, s GERARD R GOEHRINGER Section 100-231 (A), as disap- CHAIRMAN proved)for permission to construct " By Doreen Ferwerda an attached deck with insufficient 6430-1TS14 side yard and accessory fence(trel- lis)in front yard at the height of more than required 4 feet.Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive,Southold, NY, County Tax Map No.1000,Section - 54,Block 4,Lot 4. 8:25 p.m. Appl. No. 3854 NANCY STEIN. Variance to the Zoning Ordinance,Article III,Seq- Li 1 V tp Southold Town Board of Ameals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. your public hearing will not start before the time 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 Z601EERING CHAIRMAN df Enclosure a a o t: Southold Town Board of Appeals 10 & �•�� 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. 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, SEPTEMBER 21, 1989, at the following times: 7 :30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1) , as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District.. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3 . 7: 40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. Page 3 - Notice of Hearings Southold Town Board of Appeals _ Regular Meeting of September 21, 1989 7 : 45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700' Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7 :50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved) , for approval of insufficient areas in this pending subdivision (R-40 Zone District. ) Property Location: 350 Wood Lane, Greenport, Section 043 , Block 04, Lot 29-30-35. Page 4 - Notice of Hearings Southold Town Board of Appeals ;l Regular Meeting of September 21, 1989 7 : 55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) , for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8: 00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87 , Block 4, Lot 6. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8: 05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB) , Property Location: Route 48, Kenny' s Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1) , as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty' s Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. 'Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A) , as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis). in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63 . 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK) . Variance to. the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. Page 9 - Notice of Hearings Southold Town Board of Appeals (1 Regular Meeting of September 21, 1989 8: 45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) 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, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12. 2, 3 .2, 3 .3 , 4, 6.1. 8: 50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38, Block 7 , Lot 21 units. Page 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 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 your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Mailing List of Notice of Hearings Southold Town Board of Appeals. Regular Meeting of September 21, 1989 t+ Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for' Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold., NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck-, NY 11952 Mailing List of 'Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11.971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 F Our Southold Town Board of Appeals • �- MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS y GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. September 21 ,, 1989 SERGE DOYEN, JR. _. S,E.E)'R'A. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE -II ACTION DECLARATION Appeal No. ' ,3770 Project/Applicants: Port of :Egypt' County Tax Map No. 1000-_56=-4; 6-10 ,.1 , 11 , 12 . 1 , 3 . 2 , 3 3 , 4 , 6 . 1 Location of Project: Main Road ,, Southold ,.. _NY _ Relief Requested/Jurisdiction Before This. Board in this Project: . Construct boat storage building with insufficient setbacks and excessive lot coverage in -this Marine II District This Notice is issued pursuant to;' Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .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 _ N - r` Town Hall , 53095 Main Road d. r.:. P.O. Box 1179 ie ®0 � Southold, New York 11971 •[ JUDITH T. TERRY s TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: August 24, 1988 Transmitted herewith is Zoning Appeal NO. 3770 application of Port of Egypt Enterprises, Inc. for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I6-tter relative to NYS Tidal Wetlands Land Use; Notice.-of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk REASON FOR APPEAL : Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saryHARDSHIP'because location of the proposed building 30 ' from side yard boundary would make efficient parking and ing.ress and egress' to water- front difficult. and congested . 2 . locating .the building 50 ' from the front property line would not only place it further back than . existing - buildings but would make it virtually impossible to - maneuver equipment to place and remove boats from their storage racks . , 3 . The boat storage building should be placed or as close as possible to the existing bulkhead to provide for efficient movement of boats . Moving . it further 'away from the bulkhead would also reduce front yard clearence . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because This is the only type of .facility (marina and boat storage ) within the imfrl'edia-te vicinity and its continued use for this type of operation i-s in accordance with the proposed Town Master Plan . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT 'CHANGE THE CHARACTER -OF THE DISTRICT because It would continue and make more effective its present use (marina and boat storage ) ( alternative use of this site for a motel is no longer in consideration ) . STATE OF NEW YORK ) IL COUNTY OF � � ss Signatur ...... e ,.... Sworn to this ............� ..................... day of...... .. ........ . .,.... ............................ 19 �8 .......... ........ � ....................... No a y Public JOAN A. JAC06S NOTARY PUBLIC, State of New Ya* No. 4702900 Quc:ified in Suffolk County Commission Expires March 30. 19�Cf k TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. G DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) Port,of Egypt, Enterprises.�.Inc:.................of ....Rte:...25........... ........ .................................. Name of Appellant Street and Number Southold •,,,N;Y.:...............HEREBY APPEAL TO ............................................................................................. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ................................ .... DATED ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Port of.Egypt,Enterprises,,,Inc;,,;,N�rlon,Wigy}n•,�/.c Nome of Applicant for permit of One Bootleg Alley ......................... .�npo. .......................................................• ...........:... ....... .... . .. . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) permit to construct •Rt e ;, 2 5,,,;,,So 4 t h o 1.0.........,,,C,;,L ,g,h t I n,d u•s t r i a l 1.. LOCATION OF THE PROPERTY •••I 4 Street /Hamlet / Use District on Zoning Map District 1000 Section 056 Bloc k:k Lots- 10.1-11-13.2-3.2-3.3-4-6.1 .. ...................................................6................I urrent Owner Port of Egypt Enterprises, Inc. Map No. Lot No. Prior Owner Lieblein family from 1946 to 1978 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-, section and Paragraph of the Zonin Ordinance by number. Do not quote the Ordinance.) Article vIII Secti on 100-81 bulk & parking) I 97.12 (• tlands 3. TYPE OF APPEAL Appeal is made herewi�h 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 X hd(s1( (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated .................................................................. ... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) a r 14-16-2 (2/87)-7c 617.21' SEOR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, manywho have knowledge in 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 determination process has been orderly,comprehensive in nature,yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF 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 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information.recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect-for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore,a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 e Y,�t MAT 1 'PAOJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to.assiA 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 considerec' as part of the application for approval and may be subject to further verification and public review. Provide any additiona, information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new..studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Port- of Egypt Enterprises , Inc . . LOCATION OF ACTION(Include Street Address,Munklpallty and County) Rtec 25 Southold, N. Y. 11971 NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Pecoiiic Associates Inc . — Merlon Wiggin, Pres . (516) 477-0030 ADDRESS One Bootlee Alley - CITYIPO STATE ZIP CODE N . Y. 11944 NAME OF OWNER(If di"eimt) BUSINESS TELEPHONE Bill Lieblein — Port of Egypt Enterprises , Inc . (516 ) 765-2445 ADDRESS Rte-. 25 CITWO STATE ZIP CODE Southold I N .Y. 111971 DESCRIPTION OF ACTION errection of a 25 , 440 Sq. Ft . boat storage building Please Complete Each Question—Indicate N.A. if not applicable A.. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban L1Industrial ❑Commercial ❑Residential (suburban) ❑Rural(non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: 2 . 1 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) acres 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres 0 acres Water Surface Area — Water 0 . 1 acres 0 ° 1 acres UnvegetAted (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces 2 •0 acres 2 •0 ages Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? F d F i l l Land ' b r e d g,e d M a t•a r i a 1 a. Soil drainage: ❑Well drained % of site ❑Moderately well drained 2.0 % of site []Poorly drained 80 % 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? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes EINO a. What is depth to bedrock? N/A (in feet) 2 5. Approximate percentage of proposed project site with slopes: M-10% 100 % 010-15% % 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes X]No 7.�ls project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes MNO 8. What is the depth of the water table? ± 3 tin feet) 9: Is site located over a primary, principal, or sole source aquifer? OYes CENo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes ®No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes CTINo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Dyes UNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes ,,QNo If yes, explain 14. Does the present site include,scenic views known to be important to the community? OYes CJNo 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A a. Name b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No — water a) If Yes, does sufficient capacity exist to allow connection? ]Yes ❑No b) If Yes, will improvements be necessary to allow connection? OYes nNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes INNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? [3Yes ®No 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes j]No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed: 2 . 1 acres initially; 7 acres ultimately. c. Project acreage to remain undeveloped none acres. d.. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed 0 %; f. Number of off-street parking spaces existing 165 ; proposed 64 g. Maximum vehicular trips generated per hour 15 (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 45 height; 120 ' width; 212 length. 2401 j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material (i.e rock, earth, etc.) will be removed from the site? d tons/cubic yards 3. Will disturbed areas be 'reclaimed? OYes ❑No %JN/A a. If yes, for what intend , purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? ❑Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) Will be removed from site? 0 acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes fC]No 6. If single phase project: Anticipated period of construction 6 months, (including demolition). 7. If multi-phased: N/.A a. Total number of {chases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? []Yes ❑No 8. Will blasting occur during construction? Dyes CRNo 9. Number of jobs generated: during construction 6 ; after project is complete 2 10. Number of.jobs eliminated by this, project 0 11. Will project require relocation of any projects or facilities? OYes ®No 'If yes, explain 12. Is surface liquid waste disposal involved? OYes Z]No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes []No Type _ 14. Will surface area of an existing water,body increase or decrease by proposal? OYes { (Jo Explain 15. Is project or any portion of project located in a 100 year flood plain? 5dYes ❑No 16. Will the project generate solid Waste? ®Yes ❑No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes - ❑No c. If yes, give name Southold Town Landfill ; location Southold d. Will any Wastes not go into a sewage disposal system or into a sanitary landfill? OYes tlNo e. If Yes, explain 17. Will the project involve the disposal'of solid waste? OYes ®No a. If yes, what is the anticipated rate of disposal? ton:/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes No 19. Will project routinely produce odors (more than one hour per day)? Oyes ffNo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes MNo 21. Will project result in an increase in energy use? ]Yes ❑No . If yes , indicate type(s) IP 1 a c t r i n a 1 h u i 1 d i-8 1 i oh-it i n g 22. If water supply is from wells, indicate pumping capacity_11I A gallons/minute. 23. Total anticipated water usage per day 300 -gallons/day. ( seasonal — May through October ) 24. Does project involve Local, State or Federal funding? 'OYes KINo If Yes, explain 4 25. Approvals Required: ' Submittal Type Date City, Town, Village Board ❑Yes In No City, Town, Village Planning Board ZIYes ❑No Southold Town City, Town Zoning Board. ®Yes ❑No Southold Town City, County Health Department ❑Yes I3dNo Other Local Agencies ❑Yes . WNo Other Regional Agencies ❑Yes INNo State Agencies ®Yes ❑No New York State D. E. C. Federal Agencies ❑Yes ®No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? CRYes ❑No If Yes, indicate decision required: ❑zoning amendment Mzoning variance especial use permit ❑subdivision Usite plan ❑newlrevision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? C—Light I n d u s t,r i a l 3. What is the maximum potential development of the site if developed as permitted by the present zoning? cep attached plan 4. What is the proposed zoning of the site? no change from present — C—Light Industrial 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? gYes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? See land use map 8. Is the 6roposed action compatible with adjoining/surrounding land uses within a '/4 mile? QYes ❑No 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? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes :JNo a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes 1JNo A. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑No D. Informational details Attach any additional'informatiori as may be needed to clarify your project. It there are or may be any aJverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor a Peconic Associates , Inc .. Date May 10 , 1988 Signature Title President If the action is in the Coastal Area,and you are tate agency,complete the Coastal Assessment Form before proceeding with this assessment. 5 14.14.11 -::-87)-9c 617.21 SEAR Appendix B 'State Environmental Quality Review Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between- Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1A 1/4.1/z 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ IN ❑ to the public for the.use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated -to public ❑ ❑ ❑ ® ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ 13 Registers of Historic Places? e State Parks? ❑ ❑ ❑ ❑ IN • The State Forest Preserve? N/A ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? N/A ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? N/A • National Park Service lands? N/A ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? N/A • Any transportation corridor of high exposure, such ❑ 13. ❑ ❑ ❑ as part of the Interstate System, or Amtrak? N/A • A governmentally established or designated Interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? N/A • A site, area, lake, reservoir or highway designated as ❑- ❑ ❑ ❑ ❑ scenic? N/A P Municipal park, or designated open space? ❑ ❑ ❑ (A ❑ • County road? ❑ ❑ ® ❑ ❑ • State? ® ❑ ❑ ❑ ❑ a Local road? ® ❑. ❑ ❑ ❑ 2. Is the visibility of the project seasonal?(i.e., screened by summer.foliage, but visible during other seasons) ❑Yes LINo 3. Are any of-the resources checked in question 1 used by the public during the time of year during which the project will be visible? [MYes ❑No 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *1/4 mile *I mile Essentially undeveloped El ted El Agricultural ❑ El El Suburban residential Industrial ® ❑ Commercial ® ❑ El Urban El River, Lake, Pond Cliffs, Overlooks El Designated Open Space ❑ ❑ Flat ® ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *1/2 mile . ®Yes No 1 miles Yes ❑No *2 miles ®Yes ❑No !3 miles ®Yes El No *. Distance from project site are provided for assistance.Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is 5 to 10 , 0 0 0 , NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ® ❑ Involved In recreational activities ® ❑ ❑ Routine travel by. residents ® ❑ ❑ At a residence ❑ ❑ ❑ ❑ At wor4site ® ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ 2 yw, FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. �46� NOTICE OF DISAPPROVAL Date . . . . . . . . . . . . . . . . . . .. To � 4R 13. . . . . . . . . . �1 . . a p PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . . . ., 19 for permit to C � �. . . ?' . .S .o.gA • ;� Qc9•off.. . . . . . . . . . . . . . . . . . . . . . . at Location of Property . . . . .��:. .. . . . . , So- ;a�k• House No. Street 1 • • • • • •%� %e O I0,1 I1� County Tax Map No. 1000 Section . . . Q.��. . . . . Block . . . . . . b. . . . . ..Lot 3:�,3:� , ,y• •b;I Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . 1N *aa-. X I1 • •1 tro•-•I I C 1ss, ...1• Q� . . . . . . . . . �. ;. . a�.. . . . . . . . . . . . . . . V�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building* Inspector� � RV 1/80 FORM NO.3 �. TOWN OF SOUTI-dOLD BUII.,DING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N.Y. NOTICE Or DISAPPROVAL File No. Date . . . . .a . . . . . 19 .� ro -- 1 U PLEASE TAKE NOTICE that your application dated for perniit to construct . . .)? . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at 1:6cation of Property -. .fA .. . . . � � . . . . . . . . . . . /House No. Street�� 1 D•I 11 •) rnZ County 'Fax Map No. 1000 Section ;�to . . . . . . Block . . . .G.la . . . . . . . [.ot 3•z. . 3 .�E Y.C�, I Subdivision . . . . . . . . . . . . . . . Filed A-fap No. Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . C, . . . . . . . . . . . . 1 . . �. .U •P9-v, q,� —u RUC. J�e,,r,,.w�:,•9. :^. . .�.,C. .. ! . . l ► I.;u4�. u,. a.,A . D-AML&-1- 9-7 tee" -Qcx� , a GL4_X Building Inspector nv lieo QUESTIGINNAIRE .TO ; BE, ,M; PLETED AND, SUMMITTED WITH YOUR APPLICATION FORi•1S 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 o.r alter land contours ? Yes N . 2. a ) Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Town Code , Ch . 97 for your , reference . ) Yes F *b) Are there any areas open to a waterway without bulkhead? Yes P; 3. Are there existing structures at or below ground level , such as patios , foundations , etc? Yes P; 4 . Are there any existing or proposed .fences-, concrete barriers , decks , etc? Yes N 5.• If project is proposed for an accessory building or • structure , is total height at more than . 18 feet above average ground level ? State total : _ ft . Yes N, 6. If project is proposed for principal building or structure , is total ;height at more than 35 feet above average ground level ? State total : 35 ' -• ridge 45' ft. Yes N 7. Are there other premises under your ownership abutting this parcel ? If .yes , please submit copy of deed. Yes Nc 8. Are there any building permits pending on this parcel (or abutting land under your ownership , - if any) ? Yes N� State Perm it # and Nature : a 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc . ) : Planning - Board applications are being submitted Yes Nt Town Board Yes Town Trustees applications are being submitte County Health Department N Yes Village of Greenport Yes N. Y .S . D . E. C. app ications -are bean -su mitted es _,N�, Other Yes 6 10. Is premises pending a sale or conveyance? - If yes , please submit copy of names or' purchasers and conditions of sale . (from contract ) . Yes N� 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes :.Nc 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 possible waiver o'r permit under Yes DOthe requirements of 'Ch-. 97 of the Town Code ? 13. Please list present use or operations conducted upon the subject property at this time marina - boat storage - boat sales and proposed _ same *Please submit photographs for the record . I . certify that the above statements are true and are -being submitted for reliance by the Board of Appea in cons ring my .application . Signature Property 0-aner) Authorized Age 3/C7 1k INFORMATION CONCERNING NEW DIVISIONS OF LAND AND PROJECTS INVOLVING INCREASED DENSITY [ ] Lot- linechanges , subdivisions , set-offs , etc . for Lots 80 ,000 sq . ft. min . , 175 ft. width min . , 250 lot depth min . , etc . as required by Ch . . 100-Zoning : 1 . Southold Town Planning Board ( Ch . 106 ) 765- 1938 2 . County Department of Health Article VI approval 548-3327 , 3312 , or 3317 3. Southold Town Building Department (new Certificate of Occupancy , e.tc. ) 765- 1802 [ ] Lot- line changes , set-offs , subdivisions , etc . for Lots less than 80 ,000 sq . ft . , or 175 ft . width , or 250 ft . aepth--requiring variance from Ch . 100-Zoning : 1 . Southold .Town Building Department (after submission of proposed project , Notice of Disapproval will be issued containing Articles of Zoning Code basing its Disapproval , Zoning District , etc . ) 765- 1802 2 . County Department of Health Article VI action 548-3327 , ' 3312 , or 3317 3. Southold Town Planning Board (Ch . 106-Subdivisions ) 765- 1938 4. Southold Town Board of Appeals (Ch . 100'-Zoning ) 765-1809 5 . Southold Town Building Department ( new Certificate of Occupancy , etc . ) 765- 1802 [ X ] All Projects or activities within 75 feet of nearest wetland grasses , marsh , water way , ' etc . . should be cleared through the Offices of: 1 . Southold Town Trustees ( Ch . 97-Wetland Code ) 765-1892 2 . Southold Town Building Department 765- 1802 3. N . Y . S. Department of Environmental Conservation 751 - 79' 8/87 O �S if r i s ff Pr`S ci; Gb % Southold �'�wn Board of Appeals `y ,�® MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. September .21 ,, 1989 SERGE DOYEN, JR. S,E.E�.R.A. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3770 . Project/Applicants: Port of .Sgypt County Tax Map No. 1000-., 56-4,.6;-10 . 1 , .11 , 12 . 1 , 3. 2 , 3'. 3 , 4 , 6. 1 Location of Project: Main Road ,` Southold , _NY Relief Requested/Jurisdiction Before This Board in this Project: Construct boat storage building with insufficient setbacks and excessive lot coverage in _this Marine II District This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .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 NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM Federal Consistency Assessment Form An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP), shall complete this assessment form for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57). It should be completed at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. A. APPLICANT 1. Name: Port of Egypt Enterprises , Inc . (please print) 2. Address: Rte . 25 , Southold , New York 11971 3. Telephone: Area Code ( ) (516) 765-2445 B. PROPOSED ACTIVITY 1. Brief description of activity: errection of a 25 ,440 Sq . Ft . boat storage building 2. Purpose of activity: boat storage for present marina 3. Location of activity: Rte. 25 Suffolk Southold County City, Town or Village Street or Site Description 4. Type of federal permit/license required: N/A 5. Federal application number, if known: N/A 6. If a state I permit/license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: New York State D. E. C. C. COASTAL ASSESSMENT Check either "Yes" or "No" for each of the following questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. YES i:9 1. Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41,,43)........... X b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12, 20, 28, 35, 44)......................................:. _ X c. Revitalization/redevelopment of a deteriorated or underutilized waterfront site? (1)........ X d. Reduction of existing or potential public access to or along coastal waters? (19, 20)....... X e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9, 10)... X f. Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29)......................... X g. Siting of a facility essential to the generation or transmission of energy? (27).....:...... . X h. Mining, excavation, or dredging activities, or the placement of dredged or fill materials X in coastal waters? (15, 35)..,.............................................................. i. Discharge of toxics, hazardous substances or other pollutants into coastal waters? (15, 35). X J. Draining of stormwater runoff or sewer overflows into coastal waters? (33)..:............... X k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39). X : .,., the «„�t mnall harborc? fl•1. X 1. Adverse CI i��: uNUir 5-6d i4' w, I ....... ... _. _ _. _ _ _.._._ 2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetlande (441' .......................................•.. X b. Federally designated flood and/or state designated erosion hazard area? (11, 12, 17)........ X c. State designated significant fish and/or wildlife habitat?-(7).............................. X d. State designated significant scenic resource or area? (24)................................... X e. State designated important agricultural lands? (26)......................................... X f. Beach, dune or barrier island? (12)......................................................... X g. Major ports of Albany, Buffalo,-Ogdensburg, Oswego or New York? (3)......................... h. State, county, or local park? (19, 20)...................................................... JX— i. Historic resource' listed on the National or State Register of Historic Places? (23)........ X YES NO 3. Will the proposed activity require any of the following: a. Waterfront site? (2, 21, 22)................................................................ X b. Provision of new public services or infrastructure in undeveloped or sparsely X populated sections of the coastal area? (5)..................................... . .......... c. Construction or reconstruction of a flood or erosion control structure? (13, 14, '36)........ d. State water quality permit or certification? (309 38, 40)................................... e. State air quality permit or certification? (41, 43)......................................... 4. Will the proposed activity occur within and/or affect an area covered by a State approved local waterfront revitalization program? (see policies in local program document*).... X D. ADDITIONAL STEPS 1. If all of the questions in Section C ,are answered "No", then the applicant or agent shall complete Section E and submit the documentation required by Section F. 2. If any of the questions in Section C are an "Yes", then the applicant or agent is advised to consult the CMP or, where appropriate, the local waterfront revitalization program document*. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. In the space provided .below or on a separate page(s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and, (c) state how the activity is consistent with each policy. Following the completion of this written assessment, the applicant or agent shall complete Section E and submit the documentation required by Section F. E. CERTIFICATION 'The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. "The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program." Applicant/Agent's Name: Peconic Associates , Inc . Address: One Bootleq Alley , Greenport , New York 1194A _ Telephone: Area Code (516 ) 477-00 0 Applicant/Agent's Signature: Date:Md_y 10 , 1988 F. SUBMISSION REQUIREMENTS 1. The applicant or agent shall submit the following documents to the New York State Department of State, Office of Local Covernment Services, Coastal Management Program, 162 Washington Avenue, Albany, New York 12231. a. Original signed form. b. Copy of the completed federal agency application. NO NE c. Other available information which would support the certification of consistency. 2. The applicant or agent shall also submit a copy of this completed form along with his/her application to the federal agency. N/A 3. If there are any questions regarding the submission of this form, contact the Department of State at (518) 474-3642. *These state and local documents are available for inspection at the offices of many federal agencies, Department of Environmental Conservation and Department of State regional offices, and the appropriate regional and county planning agencies. Local program documents are also available for inspection at the offices of the appropriate local government. _ 2 FCAF Revised 8/84 4 Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 r TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 06/28/89 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617 .10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION Applicant, Port of Egypt, proposes to erect a 25,440. sq. ft. boat storage building. SCTM #1000-56-6-6.1. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented• as planned. Because there has been no correspondence received from the Department. of Health Services in the allotted time, it is assumed that there are no. comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence from the Board of Trustees in the allotted time, it is assumed that there are- no comments or objections from that agency. The Zoning Board of Appeals has responded and their concerns have been considered. The applicant will provide a positive on-site system to collect roof runoff and site storm drainage. An oil separator for the boat repair end washdown area will be provided, thus there will be no direct discharge into the bay. A porous surface of crushed stone will be used to absorb minor spills, and reduce direct run-off into the bay. The Planning Board has required that a landscape plan be submitted for review; with particular emphasis on the road frontage. The parking provided is satisfactory to the Planning Board. However, all outside storage racks are not to be utilized for boat storage during the Summer months; because area is needed for parking. The Planning Board has determined that the proposed facility is a needed facility in the community, and that the proposed location is environmentally appropriate. A copy of the site plan will be sent to you under separate cover. Further information can be obtained by contacting Jill M. Thorp, Secretary :Southold Town Planning Board, Main. Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission Robert. Greene, DEC Commissioner _.-. Mohabir Perseud, Department of State Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board .t' Town Hall, 53095 Main Road P.O. Box 1179 %' '��' Southold. New York 11971 �� w TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 20, 1989 Merlon Wiggin 1 Bootleg Alley Greenport, NY 11944 RE: Port of Egypt SCTM #1000-5.6-6-6.1 . Dear Mr. Wiggin: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. The Planning Board requested the following items: 1. The drainage plans, specifically in relation to the parking, and the proposed building, must -be revised so as to be consistent with the up-dated site plan received by the Planning Board office on April 191, 1989. 2. All maps must be signed and sealed by the licensed New York State Professional responsible for preparing the Plans. 3 . Site grades, grading, and drainage for the parking areas must be shown. All areas shown as available for parking must actually be available for parking. 4. A landscape plan must be submitted for review by the Planning Board. Existing landscaping in the westerly front yard should be indicated as such the April 19th plan shows it as parking. 5. The location of all;dumpsters 'and above ground fuel storage tanks must be shown on the site plan. Please note that the drainage plans have been sent to the Town Engineer for their review, i RESOLVED that the Southold Town Planning Board make a determination under the .State Environmental Quality Review Act of non-significance. Please see enclosed copy of the Negative Declaration. Twelve copies of revised site plans that comply with all of the above noted conditions and the negative declaration must be submitted before the Planning Board can proceed. If you have any questions, please do not hesitate to contact this office. ZVeuly yours., BENNETT ORLOWSKI,JR. CHAIRMAN S enc. Jt - s� March 2 , 1588 To Whom It May Concern : This letter authorizes PECONIC ASSOCIATES, INC . to act in my behalf in .making applications and securing necessary permits relative to the construction of . a Boat Storage Building for an existing marina ( Port of Egypt Enterprises ) for . William Lieblein , located on Route 25 (Main Road ) , Southold ; New York . AUTHORIZED BY : DAME : DdTE: 1 TOWN OF SOUTHOLD, NEW YORK g/ayl r APPEAL FROM DECISION. OF BUILDING INSPECTOR �' APPEAL NO. 3-2 76 - - AUG 9, 4 1988 ' DATE .: ........................... TO THE ZONING BOARD OF APPEALS, TOWN OF s&P0d#b,TwfyC1erh 1 (We) Port,of E.gJ!pt.,FterQrises.�.Inc.:.................of ....Rte:...25.......... ..... ...... .. .. ... ......... .... Name of Appellant Street and Number Southold... ..................................... ....N.: Y' ..........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED ..Feb:,,,25... 1988 WHEREBY THE BUILDING INSPECTOR DENIED TO Port of Ec,�ypt,Enterprises,,, ................... Wigg n„��c Nome of Applicant for permit of One Bootleg Alley . .. ...9mPon'................N.Y. .................................................. .................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) . PERMIT FOR OCCUPANCY (X ) permit to construct 1. LOCATION OF THE PROPERTY ..Rte ; 25 ;,,Southo1,�.............C, ,Li,g,ht,,,In,du,str,ia,I 4 Street /Hamlet / Use District on Zoning Map District 1000 Section 056 Block'.&_': Lots- 10.1 11-13.2- 2-3.3-4-6.1 .........................................................:b................... urrent Owner Port of Egypt Enterprises, Inc. Map No. Lot No. Prior Owner Lieblein family from 1946 to 1978 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the ZoningOrdinance by number. Do not quote the Ordinance.) Article vIII Secti on 100-81 bulk & parking) 3. TYPE OF APPEAL Appeal is'madelieaeNh for (please check appropriate box) ( X Y 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 XUb&I (has not) been made with respect to this decision of the Building Inspector or with respect to this property. - Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ..............................:.Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance to the Zoning Ordinance ( ) is requested for the reason that s N Form ZB1 (Continue on other side) REASON FOR APPEAL .,Continued 1. STRICT APPLICATION OF THE�;O,RDINANCE would produce practical difficulties or unneces- soryHARDSHIP'because location of the proposed building 30 ' from side yard boundary would '.make. .effr"cien•t parking and ingress and egress' to water- front difficult. and congested . 2 . .Loca.ting ,the building 50 ' from the front property line would not only place it further back than existing buildings but would make it vi,rtual.ly impossible to maneuver equipment to place and remove boats from their storage racks . , 3 . The boat storage building should be placed or as close as possible to the existing bulkhead to provide for efficient movement of boats . Moving . it further away from the bulkhead would also reduce front yard clearence . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because This is the only type of .facility (marina and boat storage ) within the ' immediate vicinity and its continued use for this type of operation i,s in accordance with the. proposed Town Master Plan . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It would continue .and make more effective its present use (marina and boat storage ) ( alternative use of this site for a motel is no .longer in consideration ) STATE OF NEW YORK COUNTY OFF ss Signature ..... Swornto this ............. ................ day of..... .. ........................... 19 E6 . .... ............................. No a y Public JO N A. JACOBS NOTARY PUBLIC, State of Now Y@4 No. 4702900 Qualified in Suffolk County Commission Expires March 30, 1969 Southold Town Board of Appeals -24 May 1 , 1986 Regular Meeting (Environmental Declarations , continued : ) May 1, 1986 S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO. : 3494 PROJECT NAME: Port of Egypt Enterprises -- 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further 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. TYPE OF ACTION: [X] Type II L ] Unlisted [ ] DESCRIPTION OF ACTION• Variance -.for permission to locate marine fuel tank structures in "C-Light" Industrial Zoning Dist. with insufficient set- back from landward edge of tidal wetland & ordinary highwater mark LOCATION OF PROJECT: Town of Southold, • Countyy of, Suffolk, more particularly known as.. 6230 Main Rd. , Southold, N.Y. ; 1000-56-3 . 2; 3 . 3, 4 , 6, 6.1 - REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; ( ) This is a setback variance regulated by Part 617 .13 (d) (2) �3) This project is not involving removal or destruction of vegetation or fauna, or substantially increasing erosion, flooding or drainage problems . FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. k Southold Town ,Board of Appeals 4 MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. August 12, 1988 oncxcoT i nni�ri ecc JOSEPH H. SAWICKI Mr. Merlon E. Wiggin Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944 Re: Port of Egypt Enterprises, Inc. CTM *1000-56-410.1, 11 & 13 .2; 1000-56-6-3 .2, 3.3 , 4, 6.1 Dear Merl: Since there are two applications in the above matter, an additional filing-fee check ($150) is required.. The variance application and special exception application, with $150 check and accompanying papers, will be held pending receipt of of same. Yours very truly, GERARD P. GOEHRINGER CHAARMAN Linda Kowalski dr' ti,i,a *A ]l l e.,-A,1%l•T t . o,"oft tV d'r.,..•.+4.1-1.•.e ,.rasa,,Wuua,r l..aw...,4n Iw4,M„W a Irei^+lua is ,.Ve� 4 .4I ' CG MMtT TOWN LAWTIA NMI 11114111111111111,tM W5T11W4NT•flW Nft4T1YMMIT"Mlle N D M rut lAWVM MKT , THIS Ittfi)E1P11I1tE, d- the a� lay of �tweµii ,nineiren hundred and eighty-four l ` NETWEEN C o L REALTY, INC., a domestic corporation having i �!� its principal r,tfice and place of business at (no number ) Main Road, ar t Southold, New York 11971, is t E party of the tint Part,and SUF'FOLK COUNTY INDUSTRIAL DEVELOPMENT AGENCY, o corporate govvinmental agency and public benefit corporation, � duly organized and exisLing under the laws of the State of Now Yr)rk and having it!' office at European (sank Building, 4175 Veterans Monitorial llighway, Ronkonkoma, New York 11779, I I:arty of the second our, I' WITNESSETH,that the l.r,rn of the ril,t lwn.In cnn,nlrration of ten dollars and tither valuable consideration ] paid by the party of tke strermd part,dot's hrrehy grant anJ release unto the Party of the xecorie{part,the heirs or ,ric,eson an,f a„Ign.,If if party of the,rcond hart frrevrr, ALL that :,train pha, pans or panel of land, svnh the buiLlmg, and nnpr(-%rn"ts thereon erected situate, Irtngandbcrnjvtllo, at Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: HEG INNING at the northeast cnri,er of the premises hereinafter described whnrt, th:f same intersects the routherly side of Main ! Stnta Road nn11 at whir:h point tht- westerly line of. lands now or f.o�merly of Port of Egypt Enterprises, Inc., i.nterseactts the r,eutherly sine of Main state Road; DISTRICT 1000 Running thence ilonq lands now or formerly of Port of Egypt SECTION Enterprises, Inc., South 19 rlt,groes 41 minutes 00 seconds East 056.00 445.00 feet to a tir. lint, connecting the easterly line and BLOCK westerly line of swift premises and having a course of South { 06.00 7i degrees 5:) mtnutos OL' ,Pconds West a distance G.1 185.1 : LOT r•:el, more or leas, to land now or formerly of Rudd's Pono 003.00;t, Marina, Inc.; Running thence along lands now nr formerly of Rudd's Pond Marina�In .,th following three. coursers and distances:follso wi minutes 00 secondn West, nces: Feet; rees 35 minutes 00 seconds West, 118.00 feet; m"'51 minutes 20 seconds West, 196.25 ceet to the s0%~'1yy 4gtde of of Main Road; Running thence along the southerly side of Main State Road North 58 riogrees 31 minutes 00 seconds East 133.28 feet; i Running thence still along said rortd North 68 degrees 31 minutes LU 63 00 seconds Fast 89.68 feet to the point or place of BEGINNING. M k with all right, title and interest, if any,of the prarty of the first part in and to any strrrts and r roans Ahuuulg(lit-alx,ce dtr crdx•d peerni,rs to the center lines thereof;TOGETI ll k with flu•apr�urtrnancrs and all fill: come and rights ,,I the party of the first part in acid to said premisee; TO HALF AND CO UOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of �• Iht party of the second part forever. l •� i i AND the Party of the first part ctnrnants that the party of the first part has not done or sufferer]anything ssherrby the,aO prrtnises have brrn rncnnibered in any way whatecrr,except a,aforesaid. AND the party of the first part, In compliance wsth Section 13 of the Lien Law,cotenants that the party of thr first part will receive the conaderation for this cnncevance and will hold the rght to receive such consr3- I rrat-ti as a trust fund to le.,pphrd first for the purpose-of pacing the cost of'.he impmvement and will apply III, .role fir,t oar the IV�ntrnt r-f -hc cos] of the Improvement trfort•using any part r,I the total of the saute for .Illy -aher purpose 1 Thor word " rt•" shall kr ,r,n•tlued a, if it read "W y piartlr, M'hfnt•tef the sen•e vE this mdrntprr so requires. 1N WITNESS WHEREOF,the party of the first pert has duly executer)ihi.Bred the day and year first above wr r tisn. C. IN eaaat:Pecs fN S.— C c I, REALTY, INC. REtr - h Tws OATWi4mal"MULD 0 VS40 by LAW""01MV. r*$"#Af 1000 ILA1111111111111 WOW "W""VWS tion"MMM' o M67 ivi IM 1; Ill'I'lN, rf-�Ilflillj, tit 1:15 sti-Hit'g Stt'vel, Village of ,;I NIT to tjr , - :Intl StR v t , (of Nvw Vc)?,k, and AN I,- tit 11,1 tillillb"I. llippedi-mill. Drive, Smuthoid, 41:11V 'if NO-W )"()t'k, if )jjtjj% of !;tjI'li4Ik nild ENTE1{1111,1SES, Lac. , it tioniestiv jll,sillrsq :it 1,w) jjujxjj,l-l- Main IJA)4d. Lvilifliold, (,(ltl1ljv of )Itj(rt)lk tend Stutt- (.r New York, IItit% -.1 tit,-<rcmld lart, WrFNLSSrTH,1 tut the p.1ft k,.4 tile firm pirt,in con i,leral imi 4 I-t I i,,Ilar,awl.,I I xr valivil-Ar 1c11'1 hir the 1.1riv of lvq.LN 11he SM,mi'l patt,the heirto 'IT AU that Cett.1;j, pilke t,v,lqr he kn-*W, Ifing 11141 I*i9g in the I�11 11) ..tit.I I It-d ,subdi vi Sion M..p of PI-ope iiy k Co. hu Ai-sliall-maque, Town of \rajj q,tlyl, sul-vvY(or."Und filed 1931, R M by M Ap 1W. in theiff(ilk 539 as IA)t-J NVIIII)er-s 13, 14. 15, 16, 17 and 111. Al % F r 'A :h. fi-,-1 1151 iz; au,1 11,anq -It-Ifts Solid F-."f i-:- too I I IV'k� I Pith the rievompor" !A\rl AND TO O I It !.!I t!i- -nini Ti.,• i -Ile tile 1w;Tj ur uccr*ww*and aasVft 40 I!.IQrj% ,f the r1rq 113" tots notnr an%thing ANI' tN- ofti- --mtnt, ',!-it I.;(n wimllri-, %;ly e.Xt(j-,t a, Tt� I"rvkv Illv '1141 1,:, -,,11:,%. 1pl of N 1)Ow Imt, -1 fl- not p.- ---1r1-:1:V I ill S 1! •.4 th, Lien 1-aw.t-mrit isThai th,�. ; , i"r thi,c. :.T!,! will 11"M fliv right !" recei%e slicti co-moid- fit't f..,r Iht,lKi'l- J,t it]:; I"- .%ing k,ll -4 The impr"vel'u-no and will SWY ".1mv:,r-T I,11w -,i 11i,--1 0 Ox ii'll T(,v -!:1 ;1,]%-part of the t"Ill"i thr tiam for a.. H it tta-1 !t"' IN wTrmm "IEPtEOF. Ile Nll,,v ai ItIr fir,! fats s dord the diI Arod car Arm Am* kv I 1.4 vvjmFrxr�nr: 1.,11liani Lie I rt•min K. i.Iehlt in ISLA 4% *l^"0#%"V0lMWv4* "10'(vlh 11111 Y*".C~V W ar 19; jelme tnrl 0n tire 11 v of l%IIAAA-tl .1. 1 11111-I'l came i In -,!;- irvii,vi-M. de,critvd in 31A W11" v,, "w. known to be the ijulivi,lual depctibed in lod who and a-Avh"%l"lgrkl Illatl exeKute-I the iorq-,ing inNitunlent, and &dMwlWl*W 00 the execuled the Some, lt?A"00 MW V*W,C"WY Of an STA'M OF MM TOW COUNTY W 014 ,-I ITx d3v of 19 Ielcirr mo 011 the (tav of 10 Wore M Itrcn.,!;r care lvrWnAlly came t-i rrz knzv%-,i%ht,,beirg by me duty S—IM,did de"tote and the subscribing witness to the forog6ug irwrNa". VA& sac t-lal he resides at mlicim I am 1mrst:mally acquainted, who, being by we 4* sivorn.(lid depose and say that he rcaldts at No. the: he i5 the that he knows in&.-:Il whxh -.verw"M t1te forM.,irw in-irumem, that be. i to be the indift" kmws the Hal of said cruNranvvn; that the seal affixed described in and who executed the kmvgokW inAmmovit; to mW inarmtem is such corporate seal; that it was so I that he. S4W Subscribing witness, was PtEmot Md ow, atiwd b-r.or*r. of the bard of direcinra of said cDqnn- execute the Sam:and that he,AW 4wo,saii'that he viped it wee therea by WK order. I at the saw tkne albocribed h PAW as we awpis ItrA jklt Istrb it C I KIN LVERLEIN and C WIN I Y �)R IOWN H1.111MAN K. I RAILEP' TO FX)RT Of,'EM'111' FN'I ERPRISES. I NC. v—&d A+ vcqwu-4 11w Vile Ga...wer CA-vair RMURIN ST MAIL TO: 9tLAkt-y' tt Ozstl oftmemal PAN 0 low"M MUD IF'"Iftl n ey at Law trvlN T- rn Attor ',ENE VILE GU"AR-JAII-E CV-111431- I ."243 Marn-S Z,W Z. C S5?4 -t!326 CORRECTIVE DEED C CON10 T 10110 tAIN'Vill lliffOlilf StrO411,4r,THIS INIVA(IMINI 11,111 illi$TPUMINY WOULD It W110 61 LAWTUS 04W*I rll!i INDENT114F, 201 It ;l r SuMOMber ,n....u-1 seventy-eigl t WILLIAM J. 1.7113I.MN, residing it 12` Sterling Street, vtliil)tt, Southold, County of Suffolk and State ,!I' Nt-w Vt)rk -Ind 11KRiMN K. 1JERLEIN, "osidilim :It. it() titionbor Hippedreome Vown IIf Southold, County o F stl f fl,I lk and State of Not, V,,rk. I ,,, I rI.. ;., , I.... PORT ()F F"GYPT OTERPRISE., INC. , a domost i-c corporatt lvlvill)� its principal pince of 110sille.,is at nil nutn1jer Main Ft()Ifld, Arshapti.im,-icitit., 'I'Owjl of Sotltll()I(I, (.,I)Illltv of Suffolk and State of New 'cork, A— ALI. ...... . ..... 1, I , —l". liamic-L of Arslinuiumacluo, Town of Southold, County of Suffolk and Stnte or Now York, 17101.111(1ed and described as follows: (111 the SOUtherIV 111le fit- Old Main Road ,At the northeasterly corner of land conveyed by the parties of tho first (i 11-t to the party f the second part.' hy Deed in 1970; I'rtm, said point (If beginning running along said southerly line of 11d 11,lin KL,ad, North 87 dcl)'rces, 38 minutes, 30 seconds East, 477.41 feet, to :1 1110111,1111ollL; thence along land of Becker, South 26 du),,I'UOS, 47 Milli-ItOS, East, high 00 SeCOMIS E, 409.0 feet to ordinary h-- wator wark of Mid(I'S I'ettl(f; thence westerly to I point on said orditi!iry Midi mark which is South 78 degrees, 03 minutes, 10 seconds West, 514.71 feet from the last described point; thence 010119 said 1-and conveyed by the parties of the f,st part to the party of the SO.0011d part, five courses: (1) North 12 degrees, 38 111111LILeS, 00 Seconds West, 226.0 feet to a monument; thence Q) North 64 do),,rees, 55 minutes, 00 seconds East, 12.0 feet; [ I'c"tce (3) North 29) def,,revs, 05 minutes, 00 sec-011d,; West, 35.0 fL''t-t (4) South 64 degrees, 55 minutes, 00 seconds West, LhL'1lCL' (5) North 25 degrees, 05 Minutes, 00 seconds l','L'.S L 2?().�8 feet UO Lit(' DoillL of RECINNING, U is i11Lended 1.11,11 t L 11 is c onve vc'j lit-o include all of the area between the two side lines of the above described premises. This is it deed which corrects Elie description of the above parcel set forth I-n a deed dated March 16, 1972 and recorded in Liber of Deeds 8467' ,it page 151. -I 1061-11111K 1!11, Al ts-h!, l.rle and nirvre,t, if any, of the pirry tf illc tim 1mri ill inA in arij, streets and In 114- Ct'"t" Into,111111It. T(H-1111FIL Will]1114 JFIllt1IICtIAIICV%Jlkl 1,11 -1 dl, rim -,i 0,v !nm part in and u s,-m l,t,nu,c,. 'm HAVE AYI) 'ro iiii)i.t) the Illilln V., 71.1 1'.,m 'I [tic lco,lld p,ll. Oil- thr lure (it IN, A"! tic 'll d" 1.,,: J,.:! h— 'I"! I'd n -"I- 1AV 101104I,VXIcrIt u'31111-111 dl Sc,1%I I,ul Ow I wil Lkw.6i"nam,thm :ilc of ill, fwt .......... I.,r II,., ...nvmMcc"11A Will h!'Id Ilx right or, J"(ivc Such "alsideragioll 05 a ti"O fl,1. i:.d I;r 1 1,T 'I". "i);"%,ng the I.-I r.f the inirlmenitni and Will aplijv rite same fire, to -I,irc !,,n any I'Jrr ,f thc Ill tilt-,.Inc fir ll ally other pilllltl,v. 4 'I It IL,11! PIlC1 WI;l!1: 1'r fir cri- rh!< in!t nt;av c., rvqr, IN WITNTS", %VIIl-'Rr.OF, C 4e AM J. 1,rl.,I;I I.,T\1 a I I MMA N K. ,TAEBLEJN 1 S a2 4 r 32 01%r1 Of NOW TOAlf MiN Tv Of ( t. STATE OF%1W YORK.COUNTY O/ ,J,'!4/Act l th u; „} <t ''r• `' 1t1�} ,k:;-afire , 10,e -j, dat cf „ L7�(:;^f J19r J ,f.f,xetne lv l w,n.r ll)r s oli. r I ��,, .^✓ / fir/ i R � ' -� ,gyp �/'i L' �s ti�•<<.:' i 1 /.•)t,t \t tn- asl.,1.1,al : .nl,a1 n, iol wL., Io cic known a: hr rin• M,%idud .h•xttbcd In an'; WN) r.,.•;rai •1, tr.,,pm!4 .,. ��i .a knowlsJrc,i that I r>,r.w.�� the f,rcgoing utsnum w ,;t)d atknowkdped Ihut q:rau'.: STATF Of N[W YORK,COUNTY Of it: STATE Of NEW YORK.COUNTY Of w: 1,•L. �t.n nI 19 befnle nu On the day of l`I before me I<...ntali. ,•:n. rif-wrtal+ ime ,I- ;ev wn e•IL�, hr.,r• 1,, inr ,!,:I} —01, ,hJ &rx,,t and ' :ta du• i,,n4,nn{;:nvr,:na•nr wt!h Wh,-m r, ;,,✓ �, I am fats,n)al;, kgaalmcd. whn, 1wing. b; Aw '±=,h)• swt.rn,d a dell,w and a+; th.+e hr les,drs at Ku I that I,r knows thr..aiR�c+uun rlr•+uilurd u, .mil h`'i411 r•r.1-.r+l the f.,rrgmng mstrumcnr, that he In he the individuRl ;.r..ra,+:u• wd 1 —. •,•rl-rit+nn• thar the wah affixed to satd described in and who executed the foregoing instrument-, that U)srrimi,fit is sue,o,tpurare seal;that it wvs so affixed by order he,said subscribing witness,was present and saw of d:, !%jird nt duei.urs of said corl,uratiuu, and that he execute the sane; and that he. said witness, at that same `—; i, wtrne thereat b, like or er time subscribed If name as witness thereto )t•S AND I M11) saint: 05600 AGAI\Jr t-RANIOR'S Avis 0600 nLiR.x 11iti No for 005000/006000 . WILLIAM J. LIEBL) IN and d:\IYORTO\tN Suffolk HEMAN K. LIEBLEIN h+ kc'cur v,l at Rnlu—t \4 (Il;Sf\fO,NWFA1311 LAND PITH: INWHAN+ I (CIMPA\N' PORT OF EGYPT ENTERPRLSES, INC. RI It FLN ue ft),IL. to d - - - SchwarCz Er Resh, P.C. .•a• ado r--;w Of tttw lots ward o)❑nt UNDItW111111 ; 150 Broadway q i New York, New York 10038 ' 3 i COMMONWFALT-N LAND I HILL IAGUFANk 1 t.0,11PANY I Z p Nu. J T1 ryc\abairt�� i MSLPIL& H.ieNs si booft ad Ma%04 VAM OWNW t saint ewaw s ANWMI Mrl w Oda �,. Zt1sMXT M>M LAI TTfff! OWMA rfT N10Ut!fir UM gY L M VW ONLY. -w . Two PKidwlill E.roue. 1nt day of M.-ky nineteen hundred and eighty � •- �ETYYEEM Charles S. Witherspoon, residing at Private Road (tiorton's Point), Southold, New York, party of the first part,end C William H. Lieblein and Kae A. Lieblein, his wife, residing at 141 Central Avenue, Greenport, New York ,r party n1 the Nand part. YVI NESSETH,that the party of the first part in consideration of Ten and no/100 J �typ dollars, N, 1 lawful money of the United States, and other good and valuable cone ideratiotfald by the party of the second part.does hereby grant and release unto the party of the second part,the hairs,or successes and assigru for the party of the second part forever, t ALL that certain plot,piece or parcel of Sand,with the buitdings and improvements thereon erected,situate,lying and being inthe Town of Southold, County of Suffolk and State of New York, p � ;mown and designated on a certain map entitled, "Subdivision of Property Owned by C. L. Sanford Brick Company, Inc., situate at Arshamomague, i Town of Soul-hold, N.Y.", surveyed by Otto W. VanTuyl, surveyor, Greenport, New York, June 16, 1931, which map has been duly filed in the Suffolk County Clerk's office September 2, 1931, as map number 539 as lots numbered 19 and 20. Said lots, being taken together, are bounded with reference to said map as follows: northerly by lend of the Long Island Railroad Company; easterly by 7:�j lot 21 ; southerly by the Main South Road, and westerly by lot 18. BEING and intended to be the same premises conveyed to Charles S. v Witherspoon and Evelyn A. Witherspoon, his wife, by deed made by Leona Stepnoski and Alice Stepnoski, his wife, dated August 28, 1953, o� ` recorded November 12, 1953, in liber 3611 of conveyances, page 82, in said county clerk's office. (The said Evelyn A. Witherspoon fir} having died a resident of Suffolk County on May 20, 1974.) SUBJECT to easement, if any, of the Long Island Lighting Company, v dated December 15th, 1927, recorded in Suffolk County Clerk's Office V ` in Liber 1324 page 377 on January 4th, 1928. e r- Y `. 0 s..._....... ._xs-- ItEA1 ESTATE AUG 2 5 M 11ANSM TAX SCAT Y P TOGETHER with ail rights,title and interest,if any,of the party of the first part in and to any streets and roads st3url,np the above described premises to the center lines thereof, T OQ ETWO with the appurtenances and all the estate and rights of the party of th a first part in and to said premises. TO HAVE AND TO HOLD the promises herein granted unto the party of the second part,the heirs of success" VW aeaigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not dons or suffered anything whereby the t r said promises have been incumberad in any way whatever,except as aforesaid. AND the party of the first pan,in compliance with Section 13 of the Lion Law,covenants that the party of the f irst part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the some for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. UNtIVRTNEW WHEREOF,the party of the first pan has duly executed this deed the day and year first above written. IN MUNCE OF: l -tip Charles Witherspoott i s�.,. �, s.;s 7� c•: f; .,roc. STATE OF faEW vOnK.COUNTY OF SUFFOLK ss: STATE OF NEW YORK,COUNTY OF aec On the 310t day of may Is 80 before me On the day of 1s before n" 00"0""vca"1e Charles S. Witherspoon personally came so rate known to be the individual n and who to me known to be the Individual described In and v" executed the for4peov instru ant, and ackn wlsdged executed the foregoing Instrument, and acknowle" that he ex too the same that executed the some. ` Stanley 5. Corwin STATE OF NEW YORK,COUNTY Of as: STATE OF NEW YORK,COUNTY OF M On the day of to before me On the day of is before me Po„wanally come personally came to ms known.who.bang by me duly sworn.did depose and the subwAbing witnses to the foregoing InsUumsM Whh say that he resides at No whom I am personally acquainted,who,being by me d* sworn,did depose and say that he resides at No. *rat he is the ;that ha knowN of to be the ItidhlAW the corporation described described in and who executed the forsgo ng InstruWAIM in and wNO siascuted the foregoing instrument;that he that he, said subscribing witness, was prssent ertrt sew knows tin seat of sa*d corporation,that the seat affixed to said insmemsnt is such corporate see%that it was so affixed by execute the same:and that he.said witna N, order Cf the board of directors of said corporation, and at the same time subscribed h name es wiDIM 01414M that he signed h name thereto by like order. &lropin alma SECTION *M11 Cesertset Against amei al Aeea KOCK LOT T11M W _ — 000NTY On TOWN Maareae el aaexeM N UMPI T AWE TO ult"vorvark r&TufMr sY MAL TO 'STi NLG Y S Col�wriv ��,: sunder.Form r w+run sew*M TWO urwerorib*s WIMt!TITLE MMANC.E Cr c C N f�• i� N f ter«. (I`�4 ComparM Of New lbrk p CIA a F � 1 .n '.J e k a�t �_.•.e sw Yy.....'�+.t1N.,.n t.........�...t...cs.1+•.-t„,.,.iW9 w r i.�i •t i „typsiis YMM uttllNg tfRetr MiMMt/ti1lM LIM'1s�If W•""WITOVAMT Suomi MiM lfT t�/tllTtlr tLtl�t 3a�y 1i1311t113EML1>fi: re:+r tkr. �4th ray of y July nincttetuhundredand eighty-taw ?iL Wl+£lla VINCFN- V. GFP.AGff°Y, Cozy Lane, Shelter Island, N.Y. Ali t . I t°•,6ni part,a 11 B-UDDS FOND REAV-Y, INC. --- , Main Road, ,4.03 fl Southold, N.Y. Lt T I party of tbt second part t a i W �f�,TK thst the party of the first part,in consideration of ten"tars and other valuable eonsideratioa paid by the party of the stcartd part,does hereby grant and relnst unto the piny Of the seeord part,the itrirs •' '• i� or successors and assigns of the party of the secoF pan torzver, ALL that certain plot,pit"or parcel of Land.with theate buildings and improvements thereon erected,sita , �' lying and being imdw at Arshamomague, in the Town of Southold, County of Suffolk and State of New York, known and designated as the northerly =� i portion of Lets 21 to and including Lot 25 on a certain map entitled, "Map of C. L. Sanford Brick Co„ Inc.', filed in the Suffolk County Clerk's office on September 2, 1931 as Map No. 539. I iBEING the sake premises conveyed to the grantor herein by deed dated June 15, 1978 recorded in the office of the Clerk of Suffolk County on July 14, 1978 in Liber 8461 cp. 352. it The party of the second part has simultaneously herewith executed I� and delivered a purchase money mortgage in the sus of $90,000.00 intended to lae recorded simultaneously herewith. �I 449 91 RM OTATt i to 5 02 f I T(XI-ETHER with all rig`nt,title and interest,if any,of the piny of the first.pp�.n in and to any strevis and rra is abutting the,above described premises to the center Finn thereof.TOGET•IdER with the wwritlivoll— i and an the estate and rights of the party of the first part in and iJ said preskiws;TO HAVE Af1G TO 11ol.D the pmmiws herein granted unto the party of the second part,the heirs or sractrsoors and aw/M of th,,- puny of the seeoesd part forever. I AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the satd premises have been encumbered to any way whatever,except as aforesaid. AND the party of the first part,in eornpfianCe with Section 13 of the Lien law,tvvenants that the party of I the first part will recriye the coasidet•ation for this conveyance and will hold the right to receive snch caaaid- cration as a trust fend to be apoi+ed first for the purpose of paying the erxi of the irnprovrimit and will ap thesense first to the payment of the coat of the iwtprovenxnt before using any part of the total of the setae for aay ether purpose. The word" rty sMX be construed as" if it read"parties"whenever the sense of this indempre 7o regrre+a Pik . IN WffK WHERMW the party of first part has duly executed this deed the clay and year first aflMf SS wnttrt►. � 1 M raisers to orJ/ . VINC C. P. HTY 'New W=mv?A0 ap nvw 1.,*9.C&WIT Of NASSAU fSa ffA'M 40 UM VW dew!P OF 14. Cn"CI July 1982 brim me On the day of 19 betas at PTISonany cW.W VINCE:VT P. CiIPAGHTY to ror known to be the in&vitinaf described in and wW t:j LrT'.-*n t-, be the indivOilal descrAMA in AM who to and acknowk4ged th'.- far�,I'rag insirwriens, and ack-wa*k-tiffed that czecuted the foregoing 'Set dent Icincir,I the u--r-c 31"ell the ""W' Sal S la MIN T01111. COVWTT op San STATE oP NM TOOL COOM OP v ' On the day of 19 beftlet ow On the play of 19 before me personally calm prri.xiany came 1%e 911berribing witness to the foregoing kwtnwftw. with to ffw known.who,being by me duty sworn,did depow wwl whom acqobb"d, who. i by me sworn, id depose and My 26111111 he resides at No. " P' -y Ile 166 &iv that d that he is the that heInows of the corporation described to be the iestkttiiYsl in and which executed the foregoing instrument:that be knows the sea! of said corporation; dut the seal affixed described in and who cxeciiW the (OrqMiAg to said insantment is such corporate teal: that it was so that he. said sobticribing witsw". was P4 Md ow corpors- exwetetimmm;eadthat he,seid 0 to &Mud by order of the board of directors of said am* tiow abacribed h Rama nibm lion.and that he signed h tiara thereto by Kitt order. at the as Oak DI 6T'. 1000 056.00 WfM C.GVEVA% .GA T - mr GaAuTm*s Acre SNCTWW 'nTLz mo. R9479695 thou04'.00 ........ LOT 013."2 GERAGHTY Cowry OR TOWN Southold TO Now"a form 4 BUDIlk POND Cw"W 7rns NSVWOM C=WAW soon bw"A fa SMARTZ G RNSH, FAq*- C=NC&oo 150 Broadway Suits, 2001 IWOMMANCS COMVWJSV New York, NY es w 10034 Woo s'ae.aM.ktt,,.a+:v --t•..r,.,AeJ Kit, I.daatl-�.�atta¢a;auVrat:ta,a..l, trWWT VOW LA,he"R*WON t 1001f HMf it VNWMl W—TWA MTNUM1t1T peilltti it 0 fir t�tYlYMi fait. t7� iffr Lgd:i 10757 Pc,2i4 14_i `if-kv •f i .flip p TM WDIMMMEr made the j day of Novctftr ,nineteen hundred sad eighty-eight aETWUN x) C1iPP�, re3idinel at (no*) Main Road, Southold, New York 11971 party of the first part,and ARMANW CAPPA and MARIE E. CAPPA, as tenants in common, residing at (no#) Main Road, Southold, New York 11971 party of the second part, VArIMSUM that the p -ty of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or succetaors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDA1,E "A" AWAOM Kt uyC .la Being and intended to be the same premises conveyed to the party of the first part by deed dated 9/14/73 and recorded 9/21/73 in Liber 7494 cp i?kt.338 1000 T(CET IIFN with all right,title and interest.if any,of the party of the first part in and to any streets and r.ad,abutting site ab.ve dc_cnl-I prauises to tie center lines thereof;TOGETHER with the appurtenances I)`,6.00 aml ail the estate and right_„f the party of the first part in and to said premises; TO 11AW. AND TO 1101.1)thK p.:ceni_ec harem granted unto the party of the second part,the leirs or suc,._sors and assigns of K. 06 dw party o4 the, srcand part forever. .00 - dt?7. A%D the lttrty td Ilse first part covenants that Ilse party of the first part has not done or suffered anything rrrby the.out premise.hive been encumbered in any way whatever,except as aforesaid. atty nF ;1L'Is tine t the first part, in compliance with Section 13 of the Lien Law.covenants that the party of the fast tuft wit]rective five ctnl,idrraiion for this conveyance and will hold the right to receive such consid- eration a,a trust fulal to I-t applied Grit fur the purpose of paying the cost of the improvensent and will ap i4y the manse lira I,,the tayntrnt of the ct,at of the improvement before using any hart of the total of the same for any other 1rurpose. 3 Tfw word"party"-lull Ire omstrued as if it read"partirs" whenever the Sense of this indenture so requires. 1N VVTMW VVMaEN".the art•of the:first p y part has duly ateeutad this deed the day and year first absre \ trritien, XlrmrdD Cappa NAB 0 frlr t�MR. st,ttolht tan SRAM M MIN Tom sew"OP aa' 0 the +� ei T1pvwt*r 19 U , better ste 00 cam Of ,Were me�,: rearwaay NAM aawka Capp Is ear 4wwn tw tw btf the inMk own PA acDed in and to[ eo me kwwa xecw" thr fwvgung insltvAsll 41titsc!"W in NA wise rwnent, an l acknowktie" AIM r�swtnr+l tAe larrgcing itwtw[wrnt, tad knowleragrd extcu(ed the Liam. ►e eeclool toe vWL i� rsoi<ary! Fubl i� ` NOTARY P03.4' +'..rr Ypra Term sv&vv do aMW Tow.COUNTY Oa ato , aTATt OP"Ml TORK-COWIT f Of s" ON the day of 19 , before me On the da}• of 19 before we PersmAy tans+ lwrsonally came so sae known,who,being by me duly sworn,did depose and the subscribing witness to the foregoing instrunterx, with say that he resides at No. wham i am personally acquainted, who,bring by me duly sworn.did depose and say that he resides at Na that he is the that he knows Of the corporation described �be the ittdiriioah is and which executed the foregoing instrument; that he insttventnt; knows the seal of said torpor,,• that the seal affixed described in and who exec witness. Im uted the foregoi uat and sawso said instrument is such cor seal; that it was so ttwt he. u xecutee the same:and that he.said wksm, affixeil by order of the board , tors of said corpora- 0".and that he signed IT u. ,; thereto by like order. at the same time subscribed h name as witness tWOW pKews w hale Atthl SECTION 0%.00 OR.'uu(OVI',A%l AGA[•.,i aLOCK 06.00 Tilts T1288-3510 (Ticor) LOT 007.000 COUNTY OR TOWN Suffolk/Southold Cappia TAX atLLING ADDILaa 10 paw At ftWW Of TOW TO GWWW Co7MW CaWa xW Capps a,XtUtN 1T MAIL TO. - I Michael J. hall, Esq. �••+-�+ 1050 Youngs hvenue T=R T!9MARAUNF. Southold, lieu York11971 N� s 10757 K216 SQIFDULF. "A" ALL that cartoln plot. pleas or parcel of lurid, situate, lying and ►eing at Southold, in the Town of Southold. County of Suffolk and State of new York# known aed designated an and by the Lot Numbers 10 and 11t on a certain map entitled. -Mp of auaetvimio" ►roperty of Lewis Ileusa Cemperly, end filed lr, the Optics of the Clerk of surrolk County on Ueoember 18. 1930, es Map "bar 535. ! I which said lots taken together are bounded and described as follows: NOTMING at a point an the ar-itheasterly side of "Old" Plain Bond. where a the same is intersected by the division line between Lots 9 and 10, as shown on ; the arorenanted Slap and from said a Point of Deglnningi R 110 IMM elnng the southeasterly aldu of "Old" Hain Road, North 10 degrees 31 minutes 20 se"ll East 100.82 rest to the division line between Lots 11 and 12. as shown on the arorementionad Map. ► I TKlICE along the last mentioned division line, Couch 26 degrees e7 ninutea 1 6 00 seconds at n I 375 testp more or less, to Judd a Pond: i THENCE in a southwesterly direction along Duddss Fond to the division line between Lots 9 and 10, sa slxmm on the aforementioned rasp= MUM along the mentien9d dlyisipn lln,,. North 26 degrees e7 minutes 00 ssonngs West, 415 fsets Wre or 1e811, to the southeasterly side of ""1d" Malt I load ,:: the point or plods of KGIMING. I I a i a r 10757 fill? a 21.&2 ow tw Mt.Ma f:,ou� M agwy AMwiMiliO Y ' 5 t. � s:ewstt+�bk�M9l fllst�tINM�11ts♦1 MN'AlYft�•TlM4 M11T111i1fRt�M�{Y{�7T��yN��>�F r — ��+ made the Z� day o[ November ,tsisKlsen t+uadtad snd eighty-four ialTYA ljlf SOUTHOLD MARINE CENTER LAND 1101,DING CORP., a doi tic i` corporation with its principal office dt "o it NO N V4 Qoo,& i i patty of the Mt part,and C: rr L REALTY, INC., a domestic corporation with its principal Office at (no number) Main Road, Southold, New York 11971 � REEN r. NOV 2 9 M4 ; 11J4'7 Tinr�r � party of the accood Bart, COU R i Y I rY17i'[(L33L77i1.that the party of the first part,in consideration of TE -007100 - - - - - - - - - - - - - - - ($10.0 0)- - - - - - - - - - - - doltars, lawful money of the United States, paid by the party of the second part,does hereby(rant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, �Q ALL that certain plot,piece or parcel of land,with the buitdinpgf and improvements thereon erected,situate, (ying and being;ltaxfsx at Southold, Town of Southold, County of Suffolk ; and State of Now York bounded and described as follows: bEGINNING at tho northeast corner of the premises hereinafter described where the same intersects the southerly side of Main DISTRICT State Road and at which Egypt the intersects e of lands the or formerly of Port of Egyp p 1000 SECTION southerly side Of Alain State Road; 056.00 Running thence along lands now or formerly of Port of Egypt BLOCK Enterprises, Inc., South 19 degrees 41 minutes 00 seconds East 06.00 445.00 feet to a tie line connecting the easterly line and LOT westerly line of said premises and having a course of South 003.00], 79 dog rees 35 minutes 00 seconds West a distance of 185.84 feet, more or less, to land now or formerly of Budd's Pond Marina, Inc.; Running thence along lands now or formerly of Budd's Pond Marina, Inc., the following thre(, courses and distances: 1) North 23 degrees 30 minutes 00 seconds West, 72.95 feet; 2) North 21 degrees 35 minutes 00 seconds West, 118.00 feet; 3) North 27 degrees 51 minutes 20 seconds West, 196.25 feet to the southerly side of of Hain Roadf Running thence along the southerly side of Main State Road North 58 degrees 31 minutes 00 seconds East 133.28 feet; Running thence still along said road North 68 degrees 31 minutes 00 seconds East 89.68 feet to the point or place of BEGINNING. � I i }OER with all right, ti'lr aml interest,if any,of the party of the first part in and to om aucets and tta.la al:utrint the above descobcd premas:s t.a the center lines thereof, TOtC.IC,M R With the appurtenances and all tiae estate and rights of the party of the first part in and to sa�f premi", TO HAVE AND TO HOLD the premises herein granted unto the party of the stcond part,the heirs or twctes<.,rs arnj assigns of the platy of the second part forever. i ,i AND the party of the first part covenants that the party of the first part has not done or suffered anything %vhc:cbv the said premises have been incumbered in any way whatever,except as aforesaid. n AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such eonsid- ' cratian as a trust futud to be applir d first for the purposc of paying the cost of the improvement and will apply the saaric first to the payment of tine cost of the improvement before using any part of die total of tote satne for any other purpo@L The word"party'stall be construed as if it read"parties" whenever the sense of this indenture so requires. IN VNMESS YMEREOF•,the party of the first part has duly executed this deed the day and year first above wvittem i In raraxxcm w: SOUTHOLD MARINE CENTER LAND HOLDING CORP. '#tan W WW MU COOM CO 1TAn ff M!w TaM[.4MW1r1 M 16 Lk13 t':- day of 19 ,before ate On the day of 19 ,before me IxTs 11cy ctu a persmOtly came a core krvwn to tc the iadivW al described in and aho to me keawa to be the ind.vidoal deaeribd in and who esrcated tic forrvmac ownwiest,sad acknavriedgetl that executed the foregoing isatnownt,and adowwlWged that emarused thr sssse, esrtvdd the tatne. LTSA N IMlN j*W uwtn aw SUTFOLY: ttfl fTAM a UM TOM COWfTT Of !it �Ac 31 t slay of Nsvemb�c r 1%4 .before me On the day of 19 before me rw,-W=Q-jrcww W'ttilia0%% P. ftere:'y perdoMltyaete tD me L -"m who,bcieg Or ore daffy rrw=.63 depose and the sabsrribing witness to the foTer"in; instnwwnt. with ,rs.`.a: be resars u No 11® It Mo.:so Q6.. nshm l am peromfi7 acquainted, who, be4 by me duly swora,di3 deport and my that be resides at No, t+aS Y r L4 dw etIJ C.f sa! -acLD WMpIN a F�+:s E F.*'D HOLDING y thu be LMwt due c jxv� +-m 4ewnbrd In wA eaatyta dw inrwwMW iw--w:eM:ins be t to be the individrtd "--Us t1w not of %a corpma s. teat tse neat aimed t ---wrib-4 is wW who enecsxed the forejowe ma nanart: to sail Isar a w is swrk e•+wwatr MO: that it wr so 1 @sat be, na sabscrA*- witsm, was pr amt utd MW ai:d tw or&,of dw tared if &nom c3 ML3 cespora- � emcme the saws;asd drat be,raid witsm tiea,ari data fa rigut frist divem bT go ode, at tie sore tint ltiaexilad i um as wihas t Knit i McEary Vublic i 10� Wrplft as Oat an* Was Com%Asr.U.&mT G*Ax *'&Am sCT1aw MtI D I • ir VLGM awaT. -- S0UMLD MARINE CMITER � "Irr LAND HOLDING CORP. rTawn of Southold TO C t, L REALTY, INC. Ma o t7rtGAttiO 71TU t{RRAM ottt#AMr >iMttrr 1wM w MJ!r1Mt ww�iM11t wt�ttls 't"..'.'�'�_"e.. Dish b*"by �oa'l�Cte" a A %imMs ■nswom"en CO M11XT 1.3$0 �OM6►J�IGt ptot. Qwt t Iv . o0% C � M C'tt S W t7 "C r r �j go STAT E OF NEW YORK County of Suffolk i I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of Ilia Supreme Court of the State of New York in and for said County(said Court beinq a Court of Record)DO HEREBY CERT IFY that I have compared Ilia annexed copy of / 1 / Recordi�4 �! y Deed Libor � - 4� P9- and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this r day of ,_, •; . : . . . . OYlt etG�fv Clerk. Form No. 101 12-109AV89c. s STATE OF NEW YOr3K County of Suffolk I, EDW/1RD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the Stale of New York in and for said County(said Court being a Court of Record)DO HEREBY CERT IFY that have compared the annexed copy of Deed Uber Pg. Recordi�q � a-� ?00 and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed th seal of said County and Court this day of 19 C/o 7.0 e . . . . . . . . . . `r��. . . . Clerk. Form No. 104 12-+09_.12Afte occcl { STATE OF NEW YOnK County of Suffolk I, EDWARD P. ROMAINE,Clerk of tire County of Suffolk and Clerk of the Supreme Court of the Slate of New York in and for said County(said Court beinq a Court of Record)DO HEREBY CERI IFY that have compared the annexed copy of Deed Uber 90&Pg• 3 RecordOq and that it is a just and true copy of such original and of the whole thereof. Loll&-- IN TESTIMONY WI-IEREOF,I have tier eunlo set my hand and affixed the seal of said County and Court this r� day of 19 Clerk. Form No. 104 12.109. V89ce as qo STAI E OF NEW YOf3K SS.. County of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court beinq a Court of Record)DO HEREBY CERT IFY that I have compared the annexed copy of j5-0 l0/-)/�?� Deed Liber j�'� P9- Recorcf----- and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my h d and affixed the seal of said County and Court thisg day of 1:d(> . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - Clerk. Form No. 104' 12-109_12ACce STAI E OF NEW YonK ss: County of Suffolk w I, EDWAf1D P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court beinq a Court of Record)DO HEREBY CERI IFY that I have compared the annexed copy of Deed Uber 09• �° � Recordi�q Fbd /0010 and that it is a just and true copy of such original and of[tie whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this day of . . . . . . . . . . . . . . . .. ohs Clerk. Form No. 104' 12-102AV89c. STAT E OF NEW YOnK County of Suffolk I, EDWAnD P. ROMAINE,Clerk of the County of Suffolk and Clerk of fire Supreme Court of the Slate of New York in and,for said County(said Court being a court of record)DO HEREBY CERT IFY that have compared ttre annexed copy of Deed Libor �a P9- °2 3 Recorcl60 S/�2.-- and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have Hereunto set my hand and affixed the seal of saidCounty and Court this r day of �/_r 19 qo !: ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . dYlc��ty Clerk. Form No. 104 u-�oo..,teoc. r=� ,., STA1 E OF NEW YORK • SS.: County of Suffolk I, EDWIIRD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court beinq a Court of Record)DO HEREBY CERl IFY that I have compared ttie annexed copy of Deed Uber v pg ✓ Hecores � /'�� and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this f day of � 19 go Clerk. Form No. 104 ,z-,oe..,reoc. �/3o r" r q �441/ , lb 6 \y '\ 1 SAUALLT°L• row" OF SoUTNOLO 3.OA(.1 f y\O ZAAW © 20.SAC) S\\ 5 {erI a Al o µ 10 BDJO s Pona ,e 1✓"MOATCA LAW) ) J c I.7 13- A �. SEE SEC NO 133 L, / 28 ,9�L'�. •�4 8 ,: fwt�c 2.5A(c) '1��oo rr 14 CANAL•'SY'OPLy OV 1 40 t 1(30)21 7 rJy: A. 2y QO\ 29 ri : r �4t • 24 J ; R `A sJ 14T 'eN=,ti l G,�� lllt I/ IWLCSS DI1.Lti1 OTMww15(, ALL AN1i1(RTIC9 � VI •,,C NU On6 '�1 / •AL Hlrnrw TNt FOLL01[INA 0.2T.,C12 y RETNAP_ © COUNTY OF SUFFOLK i ° r'. Real Property Tax Service Ag-tilted. _ x'"I ' lltT Couroy Center 06" Riverhead L 1 New York _ _ I I • I r BOARD OF APPEALS.TOWN OF SOUTHOLD _ In the Matter of the Petition of Port of Egypt Enterprises, Inc. NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Armando Cappa William Lieblein and Wife C & L Realty Main Rd . Central Avenue Main Road Southold , N . Y . 11971 Greenport , N . Y. 1+944 Southold , N. Y . 11971 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 [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: marina with sales ; repair facilities and boat storage 3. That the property which is the subject of such Petition is located.in the following zoning district: C-Light Industrial 4. That by such Petition, the undersigned will request the following relief: front yard and side yard within 75 ' of wetland variances 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are arx..1111,sec. 100-81 (bulk. & Park.} art. XI sec. 100-119.2 (w/in 75' of water art. I sec. 97.12 [ ] 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) 795-1809. 7. That before the relief sought may be granted, a public hearing must be 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 10 1988 Peconic Associates , 'Inc . Petitioner Owners ' Names :Port of Egypt Enterprises. Inc. Post Office Address Rte . 25 Southold , N. Y. 11971 Tel . No. ( 51.6 ) 765-2445 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] �u PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS f / 740 401 795 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to e a 'z Street and No. P 7 40 4 0 1, 8 0 P i0//11 "oD RECEIPT FOR CERTIFIED MAIL P.O.,State and ZIP Code NO INSURANCE COVERAGE PROVIDED N ^�� NOT FOR INTERNATIONAL MAIL Postage g (See Reverse) p 7 4 0 4 0 1 8 0 6 Sent to RECEIPT FOR CERTIFIED MAIL Certified Fee /2. NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Street and No. (See Reverse) Special Delivery Fee J P.O.,State and ZIP Code /Sent to Restricted Delivery Fee �u _ // Str et and N) 2� !!/ Postage S S/qtr�gg��et and No. L/ Return Receipt showing in Certified Fee to whom and Date Delivered P. ,State and ZIP Code co a, Retum FIeceipt sh6*j\ng<�o whom, Date;"and A¢dress-of�pellry Postage S d Special Delivery Fee TOTAL, ostage and;17�-' l 331 C, f .. `', ` h4 v° Restricted Delivery Fee Certified Fee Pgst zia k 0' to 9 Return Receipt showing Special Delivery Fee 9: to whom an ered ' a, f co Return eceip om, Restricted Delivery Fee LL .4;t...,,,. �f,.:f r Date, nd ress of a vF Return Receipt showing TOT � she anvMA -p S to whom and Date Delivered t ® L cO Return Receipt-shom�ing to whom, Post r Date,and Addres§,oOCE)glivery £ ? TOTAL Postage ana°Fees,. S I u_ N is P�+stmrk or..Date cq ` E ° a N STATE OF NEW YORK ) ss,: COUNTY OF SUFFOLK ) Merlon E . Wiggin . residing at. Greenport , New York being duly sworn, deposes and says that on.the � day Of , 1'9, ,,deponent mailed a true copy of the.Notice set forth on the re- verse side hereiYf, 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 r II 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) (registe ed) mail. Sworn to fore me th's day of� _, 19 � Not Public JOAN A.JACOBS NOTARY PUBLIC, State of New YGO No. 4702900 Qualified in Suffolk County Commission Expires March 30, 19$� This side does not have to be completed on form transmitted to adjoining property owners . ) COUNTY OF SUFFOLK I NOTICE OF HEARINGS ss: STATE OF NEW YORK NOTICE ` IS HEREBY GIVEN, _pursuant, to Section 267 of the Town-law and'the : Patricia Wood beingduly sworn sa s that she is the Code of-the Town of Southold, y y .the following heaiin-'S-fwill.lie Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, held. by'i::the .SQC9HOLD a public newspaper printed at Southold, in Suffolk County; TOWN OARDOk?APEALS and that the notice of which the annexed is a printed copy, at a Regular.Meeting;:at the Southold' 'T16."-:,I all;%,;Main has been published in said Long Island Traveler-Watchman Road,Southold,NY,;'11971. on once each week for . . . . . . . . . . . . . . . . . . . . . . :/ . . . weeks ,.THURSDAY, NfARCH 291 1990, at tle_following times: a 7:30 p.m.'A Io: 3770- successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . [th ORT OF EGY .,,ariance to e Zorung'Ordinan°ce,Article I o II,Section100-i21C-122,Sec- day f . . . . . . . .1 l . . . . . ., 19 ... . . . in 100-239d,was disapproved . r permission taconstruct Boat orage;Building:wifh insuffi ,., ., ,. , nt setbacks and excessive lot. vera a in-this.NIa ine II M- g. f Zoning District .r•Property catton: Mail{ Road, NOTICE OF HEARINGS uthold,.County-tPax Map;Nob , Sworn to before me this . . . . . . . . ?. . . . . . . . . day of NOTICE IS HEREBY GIVEN, 00,Section056,Block 04-,06," Pursuant to Section 267 of the Town t:101, 3:2, Law and the-v e o hold, the Town of 7:35 m. A 1.: No '3908,✓ /�!'� • • • • • . 19 v Sout g E .F.• P,. Pp the following hearings ROBERT OCHSENRETER. will be held by the SOUTHOLD STATE OF NEW YC�RK) TOWN BOARD OF APPEALS st a )$$; I AND EDWARD L.ENCESKI.' � Regular Meeting,at the Southold pgrhito c6n'sirusal of building" Town Hall,Main Road, Southold, COUNTY OF SUFFOLK) pe�mrt to construct;a one-fame - N1' 11971, MARCH 29' on THURSDAY, ly dwelltng,Property Location 1990,at the following 565 Bayern Road, iMatt>tuck, es Patricia Heaney of Mattituck, in County.Tax MapNo 1000;.Sec- I Notary Public BARBARA A. SCIINEIDER 7:30 P.M. Appl• No. 3770— tion..139;Block 3, Lot 14. ' - NClARY PUBI IC, State of Nevl fork PORT OF EGYPT. Variance lath said County, being duly sworn,says that he/she is Principal The Bdaid of Appeals will at No. 4800046 . Zoning Ordinance,Article xH,Sec Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, said time and place heat;,any and lion 100-121 C- 122, Section 100- QtSahiiB� in SeffUilt Cau ty 39d,as disc L_ all Qersons, or;r'epieseq.ntatives_ Com �issic r� Exl;irJs P7%/ disapproved for permissi published at Mattituck, in the Town of Southold, County of desiring,to be heard in each of to construct Boat storage Buildin Suffolk and State of New York, and that the Notice of which the.above matters.Written corn- with insufficient set backs and inees ments may also be submitted S1Ve lot coverage this Marines the annexed is a printed copy,has been regularly published in t (M-II)Zoning District. Property said Newspaper once each week for 1 weeks prior to the conclusion_of the. � Location: Main Road, Southold, �- day O f I subject hearing.-Each hearing 1 County Tax Map No. 1000,Sion successively, commencing on the 2��_ y will not start before time allot=` 056,Block 04, 06, Lot 10.1 11 19 2,3.2,3 ' _ ted. Additional tune for your 1 .3,4,6.1.7:35 presentation'will-be available,if`.- P-m- Appl. No: 3908 — ROBERT OCHSENRE needed. For_:more information, ITER ANDEDWARD LENCESKI Va • Please call 765-1809. reversal D b NcE Variance for Dated: March 26, 1990 ;. + g Permit to con- I stmct a one family BY:ORDER OE=THE { arty Location: 565 Bayer g. ad, i ^ Principal Clerk SOUTHOLD TOWN BOARD, Mattituck, County Tax Map - f�e� OF APPEALS-.' ! 1000,Section 139,Block 3, P No. ? A The Board of A Lot s �/ GERARD P. GOEHRINGER'': _� time and Appeals will at said �� CHAIRMAN." B Doreen Ferwerda. .i sons or representatitives desirin d all r. I ��— �; Y• heard in each of the above matter Sworn to b re m this 1X'3%22/90(8) Written comments ma MARY K.t1Fr;�M4 milted Y also o f the day of �U( L 19�7ARY PURi'•C.:;.t is of New York prior to the conclusion of the Suffolk CosIC Rio.164996 subject hearing. Each hearing will not start before time allotted. Addi- i Term Er.��res rebraary- uonal time for your presentation will . be available,if needed. For more infortiation,please call 765-1809. Dated March 26,1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS. GERARD P.GOEHRWGER CHAIRMAN 6614-1TM22 BY DoreenFeiwerda PECONIC ASSOCIATES, INC. Environmental Planners & Consultants One Bootleg Alley P.O.Box672 Greenport,New York 11944 (516)477-0030 Fax(516)477-0198 April 12 , 1990 12 l980 Southold Town Zoning Board of Appeals Southold Town Hall - Main Road Southold , L . I . --�- ---- New York - 11971 Re : Port of Egypt Enterprises Proposed Boat Storage Building Southold , New York Appeal No . 3770 Dear Board Members : Enclosed is the revised Site Plan for the above referenced project based on discussions at the Zoning Board of Appeals hearing of March 29 , 1990 . Please note that the proposed building has been reduced in length to meet the 35 ft . front yard setback , and reduced in area so that the total on-site building is now 64 , 615 square feet and represents an actual lot coverage of 29 . 91 %. Sincerely , PECONIC ASSOCIATES, INC. Merlon E. Wiggin , Ph . D. , M. E. President Enclosures : 6 copies Site Plan - 4/11 / 1990 Revision cc : Mr. William Lieblein William D. Moore , Esq . MEW/iw ;ti «a + 5 r~. - ^,,. ,. .. ,,.', t' i , r 6" aq' ';1td i' -1* A H•i y:•b r". vp,'" ''Y rk' 'd',i' "a, 'A'. ii 's' .,Ya,"' }, p is _ 'i, 4. 4''a .t i. �„. a' `�r '.r`'' 4 ,,. d,' ;yr.J 4, M1 �N'^ yy ret ^q '� x• •� 4'. 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