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Home My WebLink About3700 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . . . Date . . . . ., 19 To �. . : . . at. . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . +. . . . . a 7 . . . ., 19 7 . for permit to construct . .-I-K 4'+!J . . ~ . ,l?'+'1. - . . . . . . . . . . . . . . . . . at Location of Property . . . ... .. . . . . . . . . House No. Street Hamlet County Tax Map No. 1000 Section i�-. .. . . . Block . . . . 0. f. . . . . . I.ot . .a R . S . . . . . Subdivision . . . . . . . . . . . . . . . .. Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '11 a_t IQL q Building Inspector RV MO TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , Peconic Associates, Inc. for Toward Zehner & of 1670 Sa e Blvd. P.O. Box 250 Dorothy Zehner of Youngs Boatyard & Marina (Residence, House No. and Street Greenport , New York 11.944 (516 ) 477-0030 (516 ) 477-0830 (Hamlet, State, Zip coae, Telephone um er hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIII SECTION 100-80 SUBSECTION B- ( 9 ) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): see attached plan a.. � .. eIV190 /7= 4k DEC 0 1bd/ smtkotd Town Clark A. Statement of Ownership and I►iterest. Howard and Dorothy Zehner _Q(a ) the owner(s) of property known and referred to as 1670 Sage B1 vd . Green ort House No. , Street, Hamlet Young ' s Marina identified on the Suffolk County Tax Maps as District 1000, Section 57 _, Block 1 , Lot(s) 38. 3 which is not (=Ig on.a subdivision Map (Filed "Map of" Filed Map No. , and has been approved by the Southold Town Planning Board on' N/A as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on October, 1970 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Present use is a marina and application for special exception is for modification of marina layout to increase it ' s efficiency and its usability to 138 slips from its present 95 slips C. The property which is the subject of this application is zoned C-Light industria.nld [ X ] is. .consistont with the_use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss" i gna ure Sworn to before me this /U rrdd1ay of 19 . �� ( &,. �Notary 'PubTikcT HBO fC DE VOE Z B 2 (rev. 2/6/86) NOTARY PUBLIC,State of New York No.4707878,Suffolk Count Term Expires March 30.19 ._. '�'.04�/N OF _ SOUTHOLD �OPERTY RECORD -,.�.ARD� �- .L. , /. 3 _ - OWNER 'i ._<<r- S- ;.. , -r DISTRICT SUB. - LOT STREET VILLAGE� �Ys �" :�. - d►••�.� Y' '..,d. +., `i ��'-'--- - � ,;�� !•,r• ,-fir n'�';' • � r _ J � -�• Jr.r.-,-�y_,i. __ ` - �, - .�ti' -�. �b•'��-`+:.`✓.. SS�GIGt /�� '�J / t! !•.! f t' !'� �til''U r 'D• �- _ .Si. .i �ti v/ .�r v'Y FORMER OWNER N E ACREAGE r _, �-1d a� Leh j f _ - f . :. S W TYPE"OF BUIlrDING RES. - . , SEAS VL. FARM COMM IND. CB. MISC. LAND IMP. TOTAL DATE REMARKSy Q 9 3' /� - _I 0 O` D d )-e 11 .,1 -3 .4- Q Le 4 e ir:` f j;,' a+ '4+ e 7 Go o Vz -3 6 a o a-a a /S /o, 30o 1L I G CON T r� �7" C �� I `�—�z 9�7�• I o o '17 _ 174 n,I L .� $ OW ► aZABOVE I loaf 17, ZeZ7 D $DO LS i b©O 3 Z a�%a.,t •'l -;J;h Tillable 1 Tillable /•�"4 :. -= ,._ ;�" 27 6 2),D. PE 870 Z LD. R-0,0 7i011 '0 Dw.�fool—�.0 Tillable. 6 3 a 7 �G7o Z io CoM L'c? �Qoo;. WoodlandAc1 ►Jt✓ �... Q Swampland C'-d�ll�l►JG C7�-� �''� _ E Brushlsed-0:F' - 4: House Plot -�_ - ----•- - -• .�.__- -_ ----- ---- . - - - '- . ., -- o,B,D .: _.-__ ::�;,.�T..�,=:,:�'� Totalr- - c a I �5A i i t ,ss4 Ia 1 z c t � x...�Yy 1.1,T•q.-_. ^• .�:�+d�+ .fates { -n,:L - x - .1 1 11': y - N ✓ q.g., a:�0..' yP f.•�3.f,%✓.', i.'hq. .yr'e,r,.:` 4 , 3 r Y . B a My Y _r ry R 2 � M- Bldg. P14 _ Foundation '1 Bath Extension ."'=Jr" Q Basement f �� ., Floorsr �+ Extension Z t. Walls �; Interior Finish ' f _Extension y 3 8 re Place , /� Heat , 91VSo Porch Attic LJ��y MiN AR Porch Rooms 1st Floor dr .. •/ 7'•.� Si �AJCOO y a°aZ.3 $Q j/ _ Patio t Rooms 2nd Floor Driveway. 4 O. B. IV \ C 077 . '�•� ...+. `� :`� t 'w t _t. y,5 .Y A �G.y.�"'d" �.J.. '?. ��3#� 'ie}•�+:�� • i �e �►.. �� - _ .,� _. -- _ � .,w t-:::1 _«t_.•-. -7 .c�-.•"� '-- .... ?. _.sue.._. ,-- -r"'�.�a'` a-y: ` ..r-.' r :��4-�y"+�n..�,"`'dt, TOWN OF SOUTHOLD ' PROPERTY RECORD CARD od a OWNER STREET VILLAGE DIST. SUB. . LOT FORMER OWNER N E ACR. S A W TYPE OF BUILDING _ RES. SEAS. VL. 3 FARM COMM. CB: MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 7 � dye AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Y+'' FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER //6 Woodland FRONTAGE ON ROAD =,f: Meadowland DEPTH se Plot BULKHEAD Hou G Total DOCK .� ilonor /dAv = _ ,_ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER E ACR.flu i p9,_ Cam•-j. W TYPE OF BUILDING r IT RES. S S. VL. � FARM CPOMM. CB. VAISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS kQ.2��<� o ! y d = °y A/ er T TI AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre . Value Per Value Acre Tillable 1 . ' ti t Tillable 2 :; - ;b,;,5:a.�;, Tillable 3 Woodland f`F Swampland FRONTAGE ON WATER Brushland . FRONTAGE ON ROAD House Plot. DEPTH _ BULKHEAD 5 - M' .z, rf .. .i •\^ .+Y .- - .. DOCK Total - '7 { `3 :J V 40PERTY RECORD - CARD -�:, f.v --_ -.3 - OWNER STREET VILLAGE " _-DISTRICT SUB. LOT ra .f110 'Cs•' f! `'''`�'.1.ti.�.�J / '� "•' ''mil .sp 'V t _FARMER OWNER : . 1 N E ACREAGE = = �,� S W TYPEbF BUILDING - �l taw ci d 6,P SEAS I/VL. FARM COMM. _ I IND. I CB. I MISC. I _ -AND IMP. TOTAL 6 DATE REMARKS ' / ZA 7a c� .�. o o % / D-0-G �'�'✓/,, 0 j 3 / = ! 4� a j ) 669. /c! _It Q COND�T W {� ^ �' •� � _ .a C2..AL �..� $FLOW � f,� ABOVE c , � ✓'-�.c�--� Farm Acre Value Per Acre Value Tillable 1 Tillable 2 _ :r' /34 CE11 F.7 Tillable 3 C i vie _ jQ Woodland. 91o`� Swampland BrushlWd House Plot ,1 "&D' - • j Total i 0 OWNER' STREET VILLAGE DIST. SUB. LOT 3 FORMERr'OWNER l! N E ( > ACR. - j = S W t TYPE OF BUILDING - r ,- RES. ' I SEAS. VL. � � � FARM COMM. CB. MICS. Mkt."Value --LAND IMP. TOTAL DATE REMARKS ZJ YV AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable I FRONTAGE ON WATER 47Z Woodland i I FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK 1. ——------------------------I--------— t 1,How Yori 1000 PROPERTY MAI vof TEN E Sff Sfc NO 043 ,.411 F SCRE PARC�EL oN4O5 SEE 4 cj OD J, 14 o. THoLD 17 OD) e- 11.-.1 BDUTHOLD'0AM CREEK SEE SEE NO 133 L T, _1;-I- I Wd roll 13. 6 444.2 Q., 3 5 A1.1 d 3o 3A 11 C N I, T_ C. ..........c No 0" -- SEE sCC N.." -;tea tjA A Z LINE p SEE SLE NO osr 'Lyf D VIEW LA,1,61, ............— @ COUNTY OF SUFFOLK !0 T 0 srclio"o R-'\ -L'— nn r.a.l..w•„ _ II 1 rll1—� eal Proper) Tax Service Agency Y,l Cl'y 10 RiverheadN.,YI 00 0 5 3 d TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET �� VILLAGE DIST. SUB. LOT k/4- FORMER OWN R N E. ACR. S -YPE OF BUILDING ,RES.a d SEAS. VL. FARM COMM. CB. MISC. MktNalue LAND IMP. TOTAL DATE . REMARKS 6 2 TO 100 cl .�:�' �. ' r Z G &h o/d f?''� Ca fa,AQ trr uo 0 S o ° 7. a V` exe 7 -( a 3,/1ti/7 .� 7.� ® , T`'`J 77Z, (w/V a i�' C � �� L r + s'o v >2 7.0 4 u/ F1'7j /2a! c. Per, #7y5�6 3 �.�s 4- (�A�hrm m a► +- Pec k LB _ ?I G,CONRI .P , ✓�� / o -BPS - S � �ISoo 3 ice- a,00 ► FARM Acre Value Per. Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 5 House Plot DEPTH BULKHEAD 1/ c 'L .�. . .'-. DOCK Total.: ■■■■■ IMMIEMNSIMUMMM■w ■■■■■■ ��i■w��■■■■■■■■■■■■ ■■■■■■ SLllfiN■■®■■■■■■■■■■■ ■■■■■ ■■�■ sw■�■■■■■■■■■■■■ . .. .. ■■■■■■■ SEEMMOM■■■■■■■■■■■■ .MONO■■■ ■■■■■� m:�■■■■■■■■■■■ ^ ,. . y_' :F _�,�.� , A . ��, � NOON■■■ ■■■■■■■■��■■■■■■■■■ =... -�,--��:" �' : �'� ay NOON■■■ ■■■■■■■■1��■■■■■■■■■ - >, y NOON■■■ ,■■N■■w■1I■■■■■■■■■■ NOON■■■ ■■■ ■■��■■■■■■■■■■■ -,�.- ; S a ;,. ...;: �.� t., ,.:� NOON■■■ ■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■ .. - Foundation :. MmBasement .. r • a l+ Y Mom Walls . . - •lace =M Fire P Dormer • Driveway 'nd i�. -� �/�rd.frYyi� �, ;,�,.. _''a; f r �•��^,39:?yY,^1'�'I�is�n•�j•~ I ��_'soaivr �ar77• �Q / G/-dT—oF- v�.4� b'a I ��® ®� �C'C��`'Yd 9e'y� SURVE'Yer" FOR M UP-P A`( -zo'� S�UrlI.,Lra . - a re s;" Hole s —i !O d179 / UNAUTHOP.IZID ALTERATION OR ADDITTO" Surveyed urYeYed Ala r. aO r 9 7E. I F dY TO THIS SU,-VLY IS A VIOLATION OF !Y :9 T—1t-•'- Y G. -F 9 S O� SECTION 7i'-9 CF ThE N1W YORK STATE Zode rick V4t' Y/, I J EDUCATION LAW V P. pD '�'1p t / . %5 a M 0 C.I. I I •d r 7 COFIES OF WIS SUFV;Y ',.AF NOT BEARING . I d Vei r THE LA''D SU..V'•Y'JI;S iN�L.T ,!AL OR •I �. Et TO N:.I B' d6OSS.D S -C::t.SIDERED • ` / � �`'a sO I a� I TO BE A VA_!C F UE CJPi. GUAPA;,.T['S 1N,"A.:ATED I':P.[nN SHALL RUN Lk POCK ` ONLY TU THL rE SJ,i F.:-, M SPA [HE SURVEY J IS PRfi AL[D, A::U J, His o.Yi,1LF TO THE (: eE h .�00�f� 'Meet/ �j--•,� . --_ TITLE COMPANY, V;VL"i4a..r,,AL AGLNCY AND a S ` LENDING Ir:ST;TUT1Ot, L6T:C AND C TO THE ASS;GNEES OF CAE LENDING INSTI• i UTIOr7. GUA0.ANTEF5 ARE NOT TRANSFERABLE I j TO ADDIMNAL aii OW NLRS. APPEALS BOARD MEMBERS �� ,E },b ",� SCOTT L. HARRIS Gerard P. Goehringer, Chairman �� k Supervisor Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3926 Matter of MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax map No. 1000, Section 53, Block 5, lot 9. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the application of MURRAY JACOBS, under Appeal No. 3926; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the east side of Sage Boulevard, Hamlet of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 53, Block 5, Lot 9 . 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, for permission to construct an accessory shed in side yard area. i Page 2 - Appl. No. 3926 Matter of MURRAY JACOBS Decision rendered May 1, 1990 3. Article III, Section 100-33, In the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory building and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three ( 3) feet from any lot line. C. All buildings in the aggregate shall occupy not more than forty percent ( 40 0) of the area of the required rear yard. 4. In considering this application, the`Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed accessory building in any other location on the premises will require other variance relief; Cc) that the area chosen for the accessory building is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3926 Matter of MURRAY JACOBS Decision rendered May 1, 1990 0 RESOLVED, to GRANT a Variance in the matter of the application of MURRAY JACOBS as applied under Appeal No. 3926, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the shed be 75+- ft. from the right-of-way, 30+- ft. from the Basin and 3 ft. from the northwest property line. 2. That the accessory building only be used for storage purposes and contain no utilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio (Absent Serge Doyen, Fishers Island) . This resolution was duly adopted. df GERARD P. GOEHRINGER, CH as _� TOWN OF SOUTHOLD PROPERTY RECORD CARD � ^7 OWNER STREET VILLAGE DIST. SUB. LOT 'FORMERS PWNj R N I E` _ d ACR. N /yr2 i/,ys ,'Y a Y V1 w S W. TYPE OF BUILDING RES. �j /p SEAS. F VL. FARM COMM. CB. MISC. Mkt. Value I' LAND IMP. TOTAL DATE REMARKS I�' r: i ., f t <.r n �Y ( 4? O /1 4 V t..7 �6 f ,� /�tJ /lam✓V�/ ``r ilL'`$�`-�.!.: e v ,-(J 0d �...^dR.,.:aR.Myr :� o°Z- (G 0 D C D /�,,.�� Q. � ..3 / 3 ti"� 7'C�.{N` --�C,•/�,- 'j, �f e / E°l�Q �. ��7.9 /✓rC _._ b4 20 000 y 7 3 ` o SGLA ada -- ` 74 � , �'f r �s �o �, JS�N�Z A rs ..�4�F r � �34 606 �OU S00 � �6 8 �/'?��.� 1u?� ►��P' %o�y� �[A �� :.off >d w, t C ��,I6as , . GFb �UI DING CON D TIO 3 Ib f gZSrt�LiT U,�Y�c_ I aa'' s(�G M, IGiyi2- C —9 I G,(n NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Gi Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER �� z`.•;.r ; ;•..�:,,�'� !�i Z 55� Brushland FRONTAGE ON ROAD f Hobse Plot DEPTH f �� rio Z G TZ RULKNEAD Total DOCK "TOV1�N OF SOUTHOLD PROPERTY RECORD CARD , OWNER STREET/ VILLAGE DIST. SUB. LOT FORME�OW N E ACR. k ' v . �N/ Z lA I p S. A W TYPE OF BUILDING RES. a ) a S. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS �j V/ /'5/x 3 qj �/Z(' eL., 07„ �64-o 0o xo AGE BUILDING CONDITION NEJ NORMAL BELOW ABOVE. FA Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER �� G Brushlond FRONTAGE,ON ROAD House Plot.: DEPTH BULKHEAD 0 '- Total DOCK ■■■■■■ ■■■■■■■■■■■■■■■■■■■ ■■■■■■ Ei■E■■■■■■■■■■■■■■■ � ilisl rf:{j5a SFr ° . «Jil .; III: ■■■■■■ EE®■■■■■■■■■■■■■■■■ �, ``f rlaJr�+ f tf 4Y74 t} ■■■■■■■ ■G/U��E ■■■■■■■■■■■■■■ �iig��}I� ' N Rom, t4 A I 4 !�I.� ❑ � L1�I du'11..�i.�, � b� ■■■■.I■■ _ '^'+R�_ ��A��ia �.716�^`�'-�: s;�ty� ■■■��'■ice ��■■■��■■■■■■■■■■■■ S �� '.'� �`Rsy .�•F .,: Jj-•-' ?si...a,,,�,^�•3T:.yet?' � ��- � • f� ■■■ MEESE■■■■■■■■ Extension Extension -1 �� ••• Rooms- •• Floori • Porch 7ecreation RooF' Porch Dormer Breezeway Driveway Garage Patio 0 i J '�ZTOW, N OF SOUTHOLD PROPERTY RECORD CAR® 'OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE C1 y)"I r Vic,►v 2encl K2,5 0 S _ II W TYPE OF BUILDING /RES. lU SEAS. VL. FARM comm. IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS ' o 0 - � 5 — L 44,6 6 1 Q?G,- PxrGf1 C `� �'� C l✓ (l' t1 - zip 5 I Q 1'G� 1 a o O C73 'G Y Cox y� v' io�iT S"�l� ��r.41f 3e1� /ocu a fFG,2® t Orsz� �V/3 UIL I CON IT N 7�U.AL E� LOW OVE - 1�32 - Farm A 41� cre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 .Wcodland Swampland M-4; Brushland House Plot TetaJ� s sW3'r 1•• I I, V im- MEN ME , �c ■■■■��.omm;plm■NEON mom ■■■ . ■■E■ ■■■■CIE■ E■EE■■ ■E■ ■ ol■■■■■■■■ mom■■NNmo■E■NEE■mom � ■■■■■E■■E■■NONE■■■■■ APPEALS BOARD MEMBERS v�� ,`.;, � SCOTT L.HARRIS Gerard P.Goehringer,Chairman o�% ,aG�CE , Supervisor Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio Jr. Robert A.Villa "<3 Southold,New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM TO: Harvey A. Arnoff, Town Attorney Matthew Kiernan, Asst. Town Attorney FROM: Zoning Appeals Office DATE: February 24, 1992 SUBJECT: Flynn v. Orlowski, et al. We would like to offer information from our files in the above litigation, particularly with reference to the recent Supplemental Notice of Petition and Petition and Mr. Flynn' s reference to the Board of Appeals and the question of 280-a jurisdiction. We hope that there will be no objection to our interest -- the Board of Appeals is mentioned in lawsuits at times, even though we may not be a party to the action. 1� ' "�`j \` ' 1. .... �;rr- 1 ``. - -KJ f'/_.7/�F— J/_�— �C�'• S,1 j aj ',t SA6E f -w`"' I ' ��S��S ►� . 5.3's� 5.67°41'44" - 4ZB.`73 ` ' . . �, M �;ve .fir•�' c 3. i ,1,h ��,>& F 11 y 3 Ia -ZIN . MAP . 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KEY 14E A.... _ ---- b.Bn•n.a•� __, ';" © COUNTY OF SUFFOLK R,<Acr,r�,Er,.,rl•«), _--- l�W.•duvLI., T +----r_x. BI.1Lw• E.•duv l•. _—. O kdN Oi.•n,lw, d]', 0 r00 rpo *.°� OUTHOID ]Ecru '""* °� B+. - ---r--n Real Property Tax Service Agency rlLuc2a ,_.... kW d..4111« ___1rN�. k_.d••»•lam 0i+'l^' ,]eldl rallrl WoIwN M•. ,].Id O, C... ly C•nfer dsrN¢TND Rirerhend,l I,N.,,.V°rl fro. ZBA May 2 , 1985 Bayview Development Corporation/Sage Application #3320 - reconvened MR. FORCHELLI:I would like to submit some documents that were not submitted last time. First, I have an aerial photo of this property which I would .like to submit, which -indicates the road in red and in black I have circled the property which belongs to the applicant, and I would like to submit. that into the record. The property as it is zoned is A-Residential, 80 , 000 s .-f . for single family dwellings . Although that' s the zoning, it is presently improved with a roadway that divides the property and the loss of services from the adjacent properties , including the marina and it improves the 37 structures , 31 of them, for which there are certificates of occupancy, and I would like to submit to the Board the c/o for the structures . I would like to point out that the application, and you can see it clearly from the picture , involves the cottages which are all located at the far end of the property. The variances affect the cottages in that area and I would like to submit, and I know it' s in the record, I would like to submit another copy of my letter to the Board, January 10th, which indicates that the variance only affects the 19 proposed lots and do not affect any other property, which is there. Now, what we. are seeking to do; there are 31 existing cottages there in that area. What we are seeking to do is thin them out and by removing 12 of them and removing accessory structures and thereby reducing density to 19 lots and 19 struc- tures on them and this would thin out the density almost 4.0% and the 19 remaining cottages would request to be on legal lots . Now the reason we are requesting the variance is because all of the structures are clustered in that one area and we cannot comply with the zoning with the 80 , 000 s .f . zoning and leave the cottages remaining. We felt it was economically feasible - to thin it out from 31 .to 19 and thereby reduce the density and have something that was economically feasible and yet with our. . plan, we propose to dedicate substantial other acreage on the property so we have a gross area of 45 acres and yet we have a net acreage of over 80 ,000 s .f . per each of the 19 lots . Thereby we comply with the spirit and intent of the ordinance as it was amended a number of years ago. The open area includes the 29 acres on the northwest end of the property, 2 . 5 acres which is around a small basin and 1 . 556 acres which is the island and then there is a lot of 30 , 000 s . f. which would be the common beach for the 19 lots . Just to recap the history of the property, initially an application was made to the Planning Board and by resolution dated January 7th, the Planning Board referred to the Town Board to consider the cluster zoning. approval and by resolution dated January 7th, the Town Board did .approve a cluster concept for the property. I submit to you a letter . That was a resolution of the Planning Board referring it to the Town Board. _ c S ZBA May 2 , 1985 Page 2 of Bayview Development Corporation/Sage MR. FORCHELLI - continued: The Town Board acted on February 5th and .did approve the property for full cluster zone and I submit a copy of their resolution to you from February 5th. I would also like to submit to you as our next exhibit, copies of the Planning Board' s resolution, in which the SEQRA . and also a copy of their resolution wherein sketch plan approval was granted to the property. In reviewing the application, I believe the application is a good one. It meets the spirit and intent of the ordinance and yet it takes . into consideration . the facts of life, or the fact that there are 31 cottages and 37 structures there at. present and that being so, we are not mindful of cases which say that zoning has to do with use of property not who the owner is or how the ownership is and realizing it and looking at it and saying we could possibly go in and co-op or condo 31 units , we are not seeking to do that. What we are seeking to do is come here , set aside 45 acres 35 net, and have 19 cottages where there were once 31 . We believe it is a good application and that it should be granted. We are not over- intensifying use and density will be as provided .in the ordinance. .I would like to point out, when we talk about cluster , sometimes there is confusion that cluster means condominiums . This is not . a condominium. This is 19 lots that are clustered closer. There will be individual houses with side, front and rear yards . It is just because of their existing .configu ration on that stretch they will all be located on that stretch, with the balance of the property of that 45 acres , not condominiums and not -attached houses and not 2 family houses . They are one family houses on 19 proposed lots . I also would like to submit for the Board for the record, a copy of resolutions where in similar applications granted in 1977. Now, I believe when we were here three weeks ago, there was a question raised regarding notice and whether. or not adequate no- tice had been given to surrounding owners , and particular'ly resi- dents on Tarpon Drive and the matter was adjourned at- that time. I respectfully submit to you that as shown on . the aerial photo, Tarpon Drive residents on one side{ can only be considered adjacent if we consider the roadway not as 'dividing the property and the road- way I have marked in red. This is the area where the cottages are. There is a break in the property here for the marina and some houses here. The property is contiguous here. The red line divides the . . .This portion there is divided from this by the roadway, which is used by the marina and by these dwellings . Tarpon Drive is in this area. I would submit that they are not within the meaning of the ordinance. If the Board would like to submit otherwise, then I would like to the to you that after . our meeting on April 18th, I met with Mr. Weissman and Mr . Flynn regarding this and I con- firmed that meeting with Mr. Weissman, in which I sent the notice of this meeting to him and I would like to submit to you a copy of my letter to him dated April 19th, which is further notice to Mr. Weissman of the meeting. In addition to that, by express mail, guaranteed delivery by this morning 4 additional notices ZBA. Cl,. a<,�� . . . , ' 1985 Page 3 of Bayview Developemnt Corporation/Sage MR. FORCHELLI - continued: were sent out and I submit to you the postal express mail receipts . I just would like to state that I , in looking at this application, had a great deal of difficulty in understanding a, wherein existing 31 cottages that do have c/o' s , how in reducing it, what would be a major objection to it. And I think as a result of my numerous conferences and my meeting, and so on, I have determined that there is a master plan .that has Dust been revealed or officially shown in which the cove area-. of this property is proposed to be. zoned in a marine/commercial - or a marine/business type use. Now, I have written a letter to the Planning Board saying if they change the zone of that property, then we will develop it in accordance with change of zone. Well, that' s nothing spectacular , whatever it is zoned, we can' t use it otherwise. I want to state that we are, my client is a residential builder and has no problem developing the entire property in Section 2 residential. I think what we have here is some neighbors who are opposed to a possible change of zone, which we are not advocating , but have applied for . They are opposed to a possible change of zone. They would hope that someway. through this application, there could be a commitment made that zone would not be changed. I don' t have the ability to do that and even if I did, I certainly would not try to interfere with the Town Board' s deliberations on master plan and I think it is a terrible situation. We are coming in with a plan, which we believe is good and they whipsawed into getting a commit- ment out of the Town Board that they wouldn' t change the zone on the balance of the property. I don' t have that ability to do that and I . think that if there is objection based on that, that objection is not really relevant here. This is an applicaton that relates to Section 1 of this map, relative to existing cottages and I trust that this Board would consider it on its merits without consideration of a master plan or something that a Town Board meant in its legis- lative function. Thank you. MR. CHAIRMAN: Thank you Mr . Forchelli. Is there anybody else who would like to speak on behalf of this application? H. DRUMM: Gentlemen, I spoke last month in -favor, and I. would like to say again. I have been a resident of Southold town all my life , as was my father and grandfather . I have a farm and I believe in open space. I have known the ,Sage property, as I refer to it, for many, many years . I felt that the way to go for the 31 cottages that exist and have been existing for manyyears , that the 19 cottages , basically two acre zoning was ideal. It preserves the open space , which there is a lake and woods , and this plan does preserve the open space. It is in keeping with our plan. It goes along with the new master plan. We are only talking about these 19 cottages . I am very much in favor of it. I feel there are c/o' s on the cottages ; the Planning Board has indicated in writing, in fact it was the Planning Board that said what about the other areas . The Planning Board has said okay and so has the Town Board approved the cluster zone. I personally feel that and I request that the ZBA vote tonight in the affirmative. Thank you. 5 ZBA May 2 , 1985 Page 4 of Bayview Development Corporation/Sage MR. CHAIRMAN : Thank you, sir . Is there anybody else who would like to speak on behalf of the application? Yes , sir. F. M. FLYNN: I have been informed, perhaps erroneously, . that Mr. Drumm was involved with the sale of this property as _a real estate broker , agent. If that be the case, I think perhaps his endorsement of the sale. and use of this property . . . MR. CH IRMAN: Is there anybody else who would like to speak, now we will shift over to the opposition side? Mr.- Weissman, did- you want to start with that? MR. WE SSMAN: Yes . Let me .say that I don' t . intend to repeat any of the remarks I made at the last hearing but I would like to clarify a few things. First, on the question of notice. The notice required by the Town is to be given to the adjacent property owners at least five ( ) days before the filing of the action, so that these people can be afforded enough time to inquire into the merits of the appli- cation and into its nature. This has not been done , not even by a last hour notice to people who had previously notified and I think there are others who still haven' t been notified because their names have not been brought to the attention of the Board. he principal point that I would like to make tonight, I just briefly touched on last meeting was that the Board in fact, has no jurisdiction over this application. This application is , in effect, an application for rezoning. It is the application for the creation of another zoning district within a zoning district and only the Town Board has the authority to act in such a matter . Only they have the legislative authority. This Board' s authority, as .you all know is to grant variances when a person with a small lot, piece or land or a situation is in need of some relief because of a h rdship or a practical difficulty. This is not the case. Here you are being asked to rezone a 6+ acre parcel of land, so as to dreate a district with totally different density, totally differ nt sideyard requirements , totally different rear yard re- quirem nts . You are being asked to approve building sites that are less than a quarter of an acre in size, almost a fifth or sixth of an acre. Now, that is not granting a .variance. That is rezoning. The landmark case, as a matter of fact, in the State of New York is a 2nd Dept. case involving the Town of Southampton and I cairefer you to it for your examination, the case of van Dusen v. Jackson, 35 App.Div. 2nd p. 58 and I recommend that you read it. There are a number of other cases , but that is the leading case in the state of New York that ac- cordind to its terms is absolutely unwarranted. et me say that the �&n Grit v. Schermiler mse, well that' s ano.thei case , but one will lead you to the other. But the overall plan iE not complete. This is a partial plan for the development of an Entire parcel of land and I believe the application before the Planning Board specifically stated that the development of / 3 ZBA May 2 , 1985 Page 5 of Bayview Development Corporation/Sage MR. WEISSMAN - continued: of Phase 1 or Section 1 of this application was economically dependent on the development of Phase 2 and Phase 2 has not been presented to the Planning Board, .,nor to the ZBA, and so, , no one knows what they plan with .the rest of the land, that will be planned as part .of this cluster development and of course, the area of land that they intend .to set aside undeveloped in order to qualify it as a cluster use is not even adjacent to the area that they request the variances .on. I have no further remarks except I think we would like -to see a few of the exhibits that were presented to the Board, and frankly I would like to see the c/o' s relating to the 31 cottages MR. CHAIRMAN: Why don' t we take an another 3 minute break here, while you look at this and the one map I have is all cut up, I will get the other one from the office for you. Again, with the public ' s indulgence, we will take another three minute break. Recess . MR. CHAIRMAN: Is there anybody else who would like to be heard? MR. WEISSMAN: I would like to take the opportunity to introduce my neighbor, Frank Flynn, who is in a -position this evening to review , in detail, some of the technical objections to the application. MR. CHAIRMAN: Thank you,-. ,Mr. Wnissman. F. FLYNN: Gentlemen, if I may, 'I consider this a watershed appli- cation with respect to the future of zoning and variances within the Town. I have several things of importance that I would like to comment on. I would like to recite my qualifications. MR. CHAIRMAN: Could you just try to .lift that mike a little bit? F. FLYNN: The first things that you requested was that various maps be presented for the edification of the Board. I presume that I am addressing the Board of Zoning Appeals of the Town of Southold. If you look in front of you the property is represented as being in the Village of Greenpor.t. I would think that' s a matter of some importance , inasmuch as it indicates the care and attention that was devoted to preparation of this map in presen- tation of this application. Now, if I may for a moment, I will give you my qualifications on the subject. . I have been a real estate appraiser and consultant since 1946 . Through the course of my career, I have appraised property from Guam to Greece and . from British Columbia to Brazil. I have appraised properties from vacant residential lots to lucrative plant sites . I have appraised properties in industrial types ; public utility companies , ship- yards , airfields . I have been retained as an expert by the federal government; state government; the attorney general; department of C S ZBA !!6\\\ May 2 , 1985 Page 6 of Bayview Development Corporation/Sage ,F. FLYNN - continued: transportation. I have testified in the various courts ; I have testified before. the PSC; I have testified for the State Board of Equalization and Assessment, all as a real estate expert and with a specialty of the effects of zoning on. property value. To bring it closer to home, some. of the major properties I have appraised on Long -Island, would be Grumman, Republic Aviation, the MTA, Airborne Instruments , Long .Island. Water Corporation, Sperry-Rand, I have appraised the Smithhaven Mall in the tax certiorari case, & I am currently appraisinq 3 major public utility companies in tax certiorari action against the state of New York. This is my background from which I speak. Now, I would like to go in if I may, to some of my comments on this particular matter . I would also like to present to the Board one final thing. As a planner , most recently, I was a con- sultant with" Ardon Rathkopfin the exclusionary zoning case brought against the Town of Brookhaven, in which we successfully defended Brookhaven. Now, I will make my comments on this application . I consider this application an insult to the intelligence and integrity of this Board. The applicant is making outrageous demands based upon hardship. There is no such thing as hardship unless it is created by the applicant. If the applicant pays too much money for the property, of course he has hardship. Had the applicant paid $100 ,000 for this property, there would be no question of hardship involved here whatsoever . In this instance there- is an intent to gain an outrageous intensity of use for this property to alleviate the hardship that they themselves created. Now, when we talk of hardship, we are not dealing with neo- phytes here. We are dealing with. experienced developers; experi- enced attorneys and those who are politically well-connected. Perhaps the Board should investigate the background of the appli- cants . It might prove very interesting to the Board. I am in a position to do so, but I don' t think it is pertinent at this time. I would remind the Board, . that in all cases of this sort, .the legal precedents are that the Town is.- not the partner of the applicant. It is in no way .its obligation to rescue an..applicant from an im- proper and injudicious price paid for a portion or parcel of real estate , which is apparently the . effort being made in this instance. If there were any humor , at all, present in this situation, and I assure you that there is none, I would likazit the applicants ' position to that of a youth who killed his parents and then asked for clemency because he was an orphan , ZBA May 2 , 1985 Page 7 of Bayview Development Corporation/Sage MR. FLYNN - continued: Cluster zoning is an intent to relieve certair hardship inherent in the development of certain types of property. The Town clearly spells out how far that alleviation of hardship can go when cluster zoning is granted and it says that lot areas can be ) reduced to a maximum of 50.% and any -other dimensional variance can be reduced to by a maximum of 30% . Now, I will give you a spot- check on some of the variances and the .percentage requested on this appli- cation. Area reductions up to 88. 75% in area Width reductions up to 80% in width Sideyards up to 75% in sideyards Rear yards up to 50% in rearyards And conveniently overlooked in all of this is the setback from the high water mark required by the department of environmental control. I have built a house in the area and I was restricted to 75 ' in set- back and constrained from touching any. land, although it was in my ownership, within 30 ' of high water. Here we have a situation where every one of these lots is proposed to be located 30 ' from the high water mark. The extent of variances. requested here is so outrageous that you would end up with 19 plots within an area of approximately 6 acres and do not be fooled by the white elephant of discussing existing cottages . The existing cottages are crude, meaningless on this map. Were it only the intention to retain these existing cottages , that could be done by mere demolition, but if you will look at this map, what we have on here are area envelopes through the proposed building envelopes , what. is proposed here is to locate additional houses and new houses within these lots , which constitute a major subdivision that varies from the Town zoning in every respect. Now, we the poor , unconnected property owners in this Town are constrained to 2 acre zoning. I know of instances where people have owned in excess of 3 acres and been unable to build more than one house on the 3 acres. Here we have the arrogance to demand to build on 9 ,000 s .f. This , in my opinion, is -inconscionable and insulting to the Board. Now, within this application we casually brush off an area of 2 .5 acres .intended for a basin for marina use. Now even a fundamental, offhand investigation of the Town ordinance would indicate to install a marina in that- area would require a change of zoning. That' s glossed over completely, but that does not belong before this Board although it is part of the application. S ZBA May 2 , , 1985 Page 8 of Bayview Development Corporation/Sage J. FLYNN - continued: That' s glossed over completely. That does not belong before this Board, although it is part of the application submitted to this Board. - Mr. Forcehlli' s calculations as to yield are completely erroneous. This property could not bring 19 lots., no'-.matter how you calculate it by his ' standards for the simple reason that he forgot, or deliberately neglected to deduct the 20% prior -to making his calculations . And I submit something else, what is offered in this so- called cluster is a 29 acre parcel, a quarter of a mile, more or less , removed from the potential building site. What is overlooked is contiguous to this building site, is a vacant parcel of approximately 20 acres which could be very well clustered with this 6 acre site, except that then the entire property would yield approximately 14 plots of the minimum size permitted by cluster zoning. What we have here is someone who is offering us a pig in a poke. We have 29 acres which is absolutely useless . for development. It is almost entirely wetlands and as such, the idea of keeping it forever wild is obvious because it is not economically developable. Now, I am coming to the end of .this presentation. Finally, as this Board knows , what is intended for the Section 1 , in con- junction with Section 2 , is the most objectionable zoning con- ceivable in the Town of Southold. We will have something that smells as badly as fish processing plants , which will permit boat building; which will permit free standing restaurants; which will permit commercial fishing; . the mooring. of commercial fishing trawlers; all in our backyards in the confines of a residential area and to the benefit of the applicant and to the expense of all the surrounding neighbors . It will destroy the character of the community and it will destroy all the property values and I would estimate .at a minimum $5 , 000 , 000 of .real estate will be depressed to the extent that presently isn' t even calculable. Now, in view of what I have said, all of which is available to you by reason of the same research that I have done, I must request that if you are to act in good conscience you preemptorially dismiss this application as of this evening. Thank you, gentlemen for your attention. MR. CHAIRMAN: Thank you, Mr. Flynn. Is there anybody else who would like to speak against the application? Yes , Ruth. , RUTH OLIVA: On behalf of the Board of Directors of NFEC , we do oppose this application. The Town Board, as you know, was given suggested lot lines for their approval or disapproval of this proposal. Now, that is what they did. They looked just at the lot lines , not at the topography or the contour lines and they said fine. It was good for a cluster . And the way they looked at it, it was . But the 29 acres that are supposed to be in the cal- culations for this cluster are nothing more than a marsh. And tO 4 ZBA May 2 , 1985 Page 9 of Bayview Development Corporation/Sage RUTH OLIVA - continued: the Planning Board' s way of thinking, has- been counted as unbuildable land, not to be included in the amount calculable for buildable land. So, therefore, Isuggest that that be stricken and if the applicant wishes to cluster , then he should include just the future section to the north of that which is about 20 acres . The lots also will be very small, and. 'even with the removal of these buildings , will be extremely small. Will these tiny, little cottages remain? If they are not, are they going to be knocked down and rebuilt? Therefore, will they have to come back .here again for variances for setbacks? There is the new wetlands regulations from the Trustees that buildings be placed 75 ' back from mean high water. Will they be able to meet this? What are the septic solutions to this problem: ? Are they going..to retain the septic tanks that they have now or are they putting in new ones? How will they - be done? Mr. Forchelli has just said that . on the new master plan, that part of this property is up for marine/commercial. I would like to remind Mr . Forchelli that he said the Planning Board change of zone.' It is not the Planning Board that changes zone. It is only the Town Board that changes zone. Only then after a public hearing. There are areas on the proposed master plan that are inaccurate. The Planning Board knows this . I have spoken to them about it. They left them on the proposed master plan so the public could have it now instead of perhaps 6 to 12 months from now. Now, these items .can be addressed one by one as they come up We also have a question as to the future plans for the future sections , especially that which is contiguous to Young' s Marina. We feel that this is not the place for any expansion of any marina type service or any other commercial uses. Therefore, we do oppose this . Thank you. MR. CHAIRMAN: Is there anybody else who would like 'to speak in opposition to this particular application? Mr. Forcehlli, would you like to add something? MR. FORCHELLI : Mr. Flynn spoke of a hardship and pain. I did not speak of a hardship related to dollars . I don' t think .that is really relevant here. In addition to the setbacks from the high water mark, being somewhat familiar with the regulations of the tidal wetlands act, the property is behind a substantial man-made barrier over 100 ' in length and therefore, that does not apply in that area. In any event, DEC will have to give a permit if this were approved and I am sure they will regulate what is done under their regulations . As a matter of fact, Mr. Flynn is well aware that we have been in touch with DEC. With respect to additional houses. There are 19 cottages on 19 lots. There will be no more than 19 houses , if the cottages are moved and a house is built, total at any time would be 19 . As far as that 2 . 5 acres ZBA May 2 , 1985 Paege 10 of Bayview Development Corporation/Sage MR. FORCHELLI - continued: for a boat basin, being later used for something else, everything that is part of this map for Section 1 . will stay vacant except for those 19 lots. And in that boat, the 19 lot owners will come in and out with their boats . This is not a a subterfuge to make 20 lots or 25 lots or 28 lots . It' s 19 . With respect to destroying property values by a marina- being put in there, we bought this property knowing the zoning and knowing existing structures and uses. At the time that we submitted. it, the application to the Planning Board, there was correspondence back and forth, and we submitted as an overlay a possible development, which we are happy to live- with of the Section 2 . This is dated November 12th and was submitted to the Planning Board as an overlay, which by the way, I would like to submit it at this time, shows 12 additional lots in Section 2 . They range in size from 84 ,000 feet up to 131 ,000 feet, three of them on the cove. I would like to submit this and indicate pub- licly that we are very happy to live with this. We have not ap- plied for a change of zone. We are not seeking a change of zone, but the Town Board, in its legislative function, will do what it wants . I will publicly state that we have not requested it. We are happy to live with this and you may ask, .you have lots there that are 130 ,000 feet, that' s over the 80 ,000. Could you have squeezed more in? Yes , we could have squeezed more in. But just coincidentally, the 1.9. we are talking about in Section 1 and the 12 on that total 31 , which is precisely the number of cottages that are there now. That number was not picked by -- mistake or coincidentally. That number was picked so we still have 31 . With respect to septic systems , that' s a question for the Department of Health, and we realize full well, if - this were ap- proved, the Department of Health will require sanitary systems . Now, we talk about property across the street being open. That property mak require denitrification system or .what have you to service these 19 lots . It is there , so it is available, if that is required. If these 19 lots are going to have denite .to go - across the street and use up 3 acres , it ,is there. That is what it is intended to be. I just take issue with one statement made by Mr . Weissman when he talked about the type of zoning and he cited a case, Van Dusen v. Jackson. I think there is one coming down on a case that appeared in the Law Journal on the 17th of April 1985 , of which I will submit a copy to you, which case cites the North Fork Motel case, which I am sure you are aware of. Zoning has to do with use of property. There is a legal, non-conforming there but what we are saying to you is we have practical difficulties ZBA Page 11 of Bayview Development Corporation/Sage May 2 , 1985 MR. FORCEHLLI , continued: in that we have legal non-conforming we have 31 cottages . We 'are coming in here with an application where we are looking for 31 spread out all over the property. The cove area, which these people are concerned about, I think their real concern is the master plan, not what we are doing, or what we are proposing to do. We only show that we do 3 lots in that area. We are very happy to live with that. We would not ask for a change of zone. We bought it as R-A, we will keep it as R-A. That is basically where we stand on it. .We are not claiming hardship. We are claiming let' s do some- thing that' s good in the spirit of what is there. Thank you. MR. CHAIRMAN: Thank you. MR. FLYNN: May I respond? If you examine the application sub- mitted by the applicant, it does claim hardship. Hardship is expressed in terms of dollars and cents . And dollars and cents particularly are indicated when the variance implies a change of use. Now, if I am supposed to take any credence whatsoever in the maps that are provided by your Planning Department and their consultants , that small area of .19 acres , of 19 houses on 6 acres , is classified a multi-family use or tourist homes . Now, we have proposed here a change of use. Steinhilder is the ruling case on that and I am sure I don' t have to recite that to you people. Now, with respect to the marina. The marina site is proposed for the use of these houses.. The Town ordinance says that a single owner and it would be a single owner of 'all these 19 houses in the form of _an association, can only moor 2 boats , not 19 boats or 15 boats whatever it may be, and also it would be necessary to rebuild that with permission from the . DEC , as far as the bulkheading is concerned; as far as any potential dredging is concerned; anything of that nature. So that is a refutation of that argument. Now, the map, so-called map, if you look at it, was drawn up in a hurry at the request of the Planning Board, if I recall my study of the correspondence . It in no way meets the standards or the rudimentary standards that are expected of a map to be filed either with the Planning Board or to be presented before the Board of Appeals . Again, I say, this is another aspect of this application that insults the intelligence and integrity of the Board that they should even consider such a presentation. Again, gentlemen, I thank you. MR. CHAIRMAN: Thank you Mr . Flynn. Do I have any comments from either sides? Mr. Weissman, do you have any other comments? MR. WIESSMAN: No, not at the present. ZBA May 2 , 1985 Page 12 of Bayview Development Corporation/Sage RUTH OLIVA: Just a question with Mr. Forchelli. When you submit the plan for the two future sections as they are pre- sented now, in other words , if you get the approval for the cluster , then it would be written that you must divide the future sections the way they are presented tonight? - MR. FORCHELLI: I would have no problem covenanting that. No problem at all. But the Planning Board has asked and we sub- mitted to them a letter indicating that if the zone is changed we will develop - it according to the change of zone RUTH OLIVA: You mean as far as the master plan? MR. FORCHELLI : Yes . In other words , what I indicated was , to Mr. Weissman and Mr . Flynn, we perfectly would be willing to develop it as per Section 2 , knowing full well, that if some of that is wetlands and we don' t get 12 and we get 11 out of it, we will get 11 out of it. We know that. But they are in the process of the master plan and if Mr . Flynn and Mr. Weissman, and whoever else is opposed to a marina there, they are fighting the wrong army on .their own battlefield by coming here. We are not asking for that. That argument has to be made against the master plan and against those who would change or who are promoting the master plan. We have no desire to have that, but can I just say something. I cannot commit to something that they change the zone on. They have requested that we submit a letter and we have, that if they do change the zone, we will develop it according to how they change the zone. RUTH OLIVA: But again, does that have to come before a public hearing? MR. FORCHELLIP I will be there and I will publicly state that I hope they don' t change the zone and I request .that they don' t change the zone and .that' s in your minutes . I cannot control, and you know and I know, just like the present Town Board can' t legislatively restrict what a Town Board 5 years from now can do. They have to have their legislative prerogatives. Most Town Boards cannot restrict the later Town Boards on their legislative pre- rogatives . But I will publicly state that if they change the zone, I can' t help that. I don' t want them to change the zone. It is on the record. MR. CHAIRMAN: Mr. Forchelli, the only thing we did overlook was the DEC. Would you just .give us a brief comment on what you had said concerning the DEC? ZBA May 2 , 1985 Page 13 of Bayview Development Corporation/Sage MR. FORCEHLLI : With regard to the setbacks from the water? There is a substantial man-made barrier over 100' in length running along the shoreline. These cottages are behind that. Consequently, the landward edge of the tidal wetlands and the adjacent areas ends at the man-made barrier. Therefore , what is behind that they do not have jurisdiction over . On the ends they come in slightly on their jurisdiction. Our application is pending before DEC , Mr . Flynn -is well aware of that, he has already had correspondence with them. I can presume I .can imagine what it is , but I haven' t seen it yet. In any event, DEC would have to . approve this . There are many approvals which have to be secured. Planning Board, Town Board, DEC, ZBA and if this were granted it would be subject to .DEC giving their approval on it. MR. CHAIRMAN: Thank you. MR. FLYNN: Again, this remark is completely countered to my experience of the actions of the DEC in our immediate area, of which I am intimately familiar . As recently as 3 years ago, a neighbor across the street from me built a new home on a bulkheaded canal and he was constrained to build 65 ' back from a bulkhead, which was far more than 100 ' in. length and he was only constrained to build 65 ' because this was a man-made canal and were it natural in nature, he would and was told, would have had to build 75 ' back from this newly installed bulkhead. Against that on the Sage propertJ we have deteriorating bulkheads of limited use and really nothing that serves as a buffer from what the department considers to be sensi- tive wetlands . They consider it shoal areas immediately to the south of the bulkhead. As a matter of fact, this entire cove area is classified as wetlands and is classified as a fragile area to be maintained. And here we have a rapacious use that would absolutely destroy the utility of the cove to the entire community and to all those who benefit from it as a source of breeding grounds for shellfish and some of the rarest wildlife in the area. It is a breeding ground for swans ; geese. I am intimately familiar with it from having been in the State Of Maine, - we have loons nesting in the area. To include a commercial marina in this area is absolutely a devastating thing to do, and I would not want it on my conscience to do other than resist this to the last drop of blood in my body. Thank you. MR. CHAIRMAN: Yes , sir. MR. FORCHELLI : I just have to respond to that. I am not asking to put a stick of wood in the ground in the cove area. I have stated that we would be very happy to develop it residentially. Mr. Flynn would like to fight against it and so would other people in the area, I have no problem with that. I am not looking to develop that as a marina. I am not looking to touch a thing in there. Thank you. , ZBA May 2 , 1985 Page 14 of Bayview Development Corporation/Sage MR. CHAIRMAN: Are there any questions from Board members? I would like to thank the public , both pro and con for their courtesy tonight. I thank the comments from the NFEC and we will take everything uncbr advisement and within the next 60 days we will discuss this issue to the best of our ability and look over the individual documents that have been submitted and the statements made at this particular hearing. I make a motion closing the hearing reserving decision until later. ----------------------------------------------------------- - TRUSTEES ( a' Y,• SCOTT L. HARRIS John M. Bredeme er, III, President ti Supervisor Henry P. Smith, Vice President %' ®� Albert J. Krupski, Jr. i� Town Hall, 53095 Main Road G'Y John L. Bednoski, Jr. P.O. Box 1179 John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Matt, Kiernan, Assistant Town Attorney FROM: John M. Bredemeyer, III, President Board of Trustees RE: Brick Cove Marina DATE: November 20, 1990 Enclosed please find the letter of Christopher Kelly dated November 15, 1990 in regard to Brick Cove Marina. Kindly review this letter and advise as to how we should proceed with this matter. Thank you. JMB:jmt enc. cc: Board of Appeals r TWOMEY, LATHAM, SHEA & KELLEY ATTORNEYS AT LAW 33 WEST SECOND STREET P.O.BOX 398 THOMAS A.TWOMEY.JR. RIVERHEAD, NEW YORK 11901 STEPHEN B.LATHAM JOHN F.SHEA,III ' 516-727-2180 CHRISTOPHER D.KELLEY LAWRENCE M.STORM TELEFAX:516-727-1767 9 NORTH MAIN STREET MAUREEN T.LICCIONE EAST HAMPTON,N.Y.11937 DAVID M.DUBIN 0 November 155, 1990 516-324-1200 P.EDWARD REALE PETER M.MOTTt HERMON J.BISHOP LISA C.KOMBRINK _ MARY C.CRONIN '.�[ JOAN C.HATFIELD o i NY,CT&FL BARS 1 0 NY 8 LA BARS j t NY 6 MD BARS I .+•r ' i o NY 6 CT BARS TOWN OF S0UU-1VCDLD John Bredemeyer, President Southold Town Trustee Main Road Southold, New York 11971 Dear Mr. Bredemeyer: I have been advised that there is currently a meeting scheduled of the Trustees by way of a preliminary conference on SEQRA issues to be held on November 27th at 7 :00 p.m. However, in reviewing the decisions recently issued by Justice Luciano in the Supreme Court regarding the various approvals that have been granted by the Town of Southold, which approvals were reversed, there is an important threshold issue that must be dealt with before any application can proceed. That issue referenced at page 4 of the decision in the matter of Weismann v. Goehringer, a *?-4opy, of which is enclosed, is whether any expansion can occur on the Young's Marina property in light of the failure to comply with §280-A of the Town Law. The Court determined that it could not conclude whether the interpretation of Messrs . Weismann and Flynn of that section or applicant ' s interpretation was correct, however, if Messrs . Weismann and Flynn are correct on their interpretation, it would be a permanent bar to the expansion of that parcel unless and until legal access was provided to the parcel. As the decision advises us, the matter was remanded to the Zoning Board of Appeals to determine whether the proposed construction constitutes a. "building" pursuant to the Southold Zoning Ordinance and Town Law §280-A. We respectfully -request that any determination by the Trustees be placed on hold until the Zoning Board of Appeals rules in this regard. By copy of this letter to the Zoning Board of Appeals I am requesting that a hearing be scheduled on this request for an interpretation. Si er ly, ,ris ophe Kelley CK: js Enclosure cc: Mr. Henry Weismann cc: Mr. Frank Flynn cc: Anthony B. Tohill, Esq. cc: Gerard P . Goehringer, Chairman ZBA PACE 4 - WIESMANN V. GOEHRINGER INDEX NO, 628I/88 In view of the lack of notice and a hearing in this case, therefore, the determination of the respondent, Zoning board, is a nullity. Unlike the situation in .Ar lino-- v. I ta, (286 App. Div. 882 cited by the intervenors, Howard Zehner and Dorothy Zehn.er, it cannot be concluded that a hearing is unnecessary in this case. In that case a prior hearing had been conducted and the new application did not change the basis for the decision of the Zoning Board of Appeals .; Mere there has been no hearing at all. Accordingly,g this matter Faust be remanded to the respondent, , Zoning Board, for a public hearing to be conducted after public , notice in accordance with the requirements of section 267 of the Town Law. Prior to a reviawable determination after such a hearing the Court declines to consider the petitioners, , Henry Weismann and Fran Flynn, remaining claims with regard to substantive issues. Parenthetically, with respect to the substantive issue of the alleged violation of section 280-.a of the Town Law, the Court cannot conclude that within common usage the term "building. would include 4- dock or a pier, It is noted that in the Court's decision in the accompanying Article 78 proceeding brought against Victor Leasard, as Chief Building Inspector of the Town of Southold, the Court has concluded that it is for the Board of Appeals to determine whether the proposed . �a�s� construction constitutes a "building" within the contemp'Lati.on of th>v Southold Zoning Ordinance. Whether a finding that it is a "building. under a local ordinance would determine the question of the a(� applicability of the statute (Town Law sectn 2S0--a) is a quest:�oz. ��T� on upon which declaion is now reserved. Settle Judgment. � i i ; J.S.C. i i i + I I TOTAL 02 Azz: IE [E OW H TWOMEY, LATHAM, SHEA & KELLEY ATTORNEYS AT LAW \iO Cl' 33 WEST SECOND STREET 7 P.O.BOX 398 THOMAS A.TWOMEY,JR. RIVERHEAD, NEW YORK 11901 STEPHEN B.LATHAM JOHN F.SHEA,111 518-727-2180 CHRISTOPHER D.KELLEY LAWRENCE M.STORM• TELEFAX:516-727-1767 9 NORTH MAIN STREET MAUREEN T.LICCIONE EAST HAMPTON.N.Y.11937 DAVID M.DUBIN-0 November 15, 1990 516-324-1200 P.EDWARD REALE PETER M.MOTTt HERMON J.BISHOP LISA C.KOMBRINK MARY C.CRONIN JOAN C.HATFIELD0 •NY.CT A FL BARS 0NY•LA BARS t NY&MD BARS o NY 6 CT BARS r John Bredemeyer, President Q Southold Town. Trustee Main Road Southold, New York 11971 Dear Mr. Bredemeyer: I have been advised .-that there is currently a meeting scheduled of the Trustees by way of a preliminary conference on SEQRA issues to be held on November 27th at 7 :00 p.m. However, in reviewing the decisions recently issued by Justice Luciano in the Supreme Court regarding the various _ -- approvals that have. been granted by. the Town of - Southold; which- approvals were reversed, there is an important threshold issue that must be dealt with before any application can proceed. That issue referenced at page 4 of the decision -in the matter of Weismann v. Goehringer, a copy"of which is enclosed, is- whether any expansion can occur on the Young's Marina property in light of the failure to comply with §280-A of the Town Law. . The Court determined that it could not conclude whether the interpretation of Messrs-.ti Weismann ' and Flynn of that section or applicant 's interpretation was correct, however, if Messrs . ' Weismann and Flynn are correct on their interpretation, it would be a permanent bar to the expansion of that parcel unless and until legal access was provided to the parcel. As the decision advises us, the matter was remanded to the Zoning Board of Appeals to determine whether the proposed construction constitutes a "building" pursuant to the Southold Zoning Ordinance and Town Law §280-A. We respectfully request that any determination by the Trustees be placed on hold until the Zoning Board of Appeals rules in this regard. By copy of this letter to the Zoning Board of Appeals I am requesting that a hearing be scheduled on this request for an interpretation. Si er ly, is ophe Kelley CK: js Enclosure cc: Mr. Henry Weismann cc: Mr. Frank Flynn cc: Anthony B. Tohill, Esq. cc: Gerard P . Goehringer, Chairman ZBA TWOMEY, LATHAM, SHEA & KELLEY D ATTORNEYS AT LAW 33 WEST SECOND STREET JJL 2 3 dopy P.O.BOX 398 THOMAS A.TWOMEY,JR. RIVERHEAD, NEW YORK 11901 ry STEPHEN B.LATHAM JOHN F.SHEA,111 - - 516-727-2180 CHRISTOPHER D.KELLEY LAWRENCE M.STORM ' TELEFAX:516-727-1767 9 NORTH MAIN STREET MAUREEN T.LICCIONE EAST HAMPTON,N.Y.11937 DAVID M.DUBIN 0 516-324-1200 P.EDWARD REALE PETER M.MOTTt July 17, 1990 HERMON J.BISHOP LISA'C.KOMBRINK MARY C.CRONIN •NY,CT 6 FL BARS 0NY 3 LA BARS t NY 6 MD BARS Mr. Gerard Goehringer Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Young' s Marina Dear Mr. Goehringer and Members of the Board: This office represents Henry Weismann and Frank Flynn. As you are probably aware, Mr. Weismann and Mr. Flynn were recently successful in Supreme Court in obtaining decisions overturning the Planning Board, Zoning Board of Appeals and Town Trustee permits on the above application. The court remanded to your board the determination under challenge for further review pursuant to SEQRA as well as to address other issues . My clients continue to be concerned and interested in this application, and request that you notify this office when the matter next appears on your agenda or is scheduled for a public hearing. X1 , pher Kelley CK: js Enclosure cc: Mr. Henry Weismann cc: Mr. Frank Flynn Southold Town Planning Board "enry 1,11!oiso. dfred Grebe May 15, 1957 .A. Special meeting, of the Southold Town Planning Board was held at 30 il at the office of Mr. Van Duzer, . a present: . hir, Van Duzer,, Mr. Reeve, 11r. L.Ioisa and Mr. 1,4ickham. The board studied the petition of Fred Young of Southold in regard h I would like zoned "B" is 1. arina property at Arshnmomoclue i.,thich he %- si=ss. .1-1r. Van Duzer, having inspected the property, reported favor- I bly and the Board i---ient over the blueprints in detail. By unanimous to t'lie board adopted the following resolution: Planning Board recorimiend that this, That the Southold tovm 1perty be zoned "B" Business. - D uffolk The board studied the petition of Margaret 'Roache of New 1�`_ i questing change of zone of her property there to 11B.11 Business to comnaodate a 1,111otel. Mr. Reeve and L r. I-Ackhair., having looked at this OPerty, gave reports and the board took the followir4e; unanimous action: 1 IESOLVIED9 That the Southold Toi-vn Planning Board recorrtiend to the Uthold Toimm Board that this property be zoned "B" Business. The board studied the request of Mar6ery Burns, Southold, that her Operty "Sunset Knoll", at the Sound., be declared an open development I ea and .the entire board visited this development and,, after careful 11sideration, cannot recorz.,iend this action to the Tov-jn Board, the SeWl The board also studied the preliminary plot of the by Orient, as �.tiell - as inspecting the site. The layout wid plans a.;.,pear 00 eptable rind -will be -made a rmtter of discussion at our next regular otint to be held lijay 23., 1957 at 4 P.11, 14 Ileeting adjourned at 6:30 P.1,A. Grace B. 16:1eyer Clerk MEMORANDUM SUPR i K COUNTY IAS PART X HENRY WEISMANN and FRANK FLYNN, Petitioners , BY : DANIEL F. LUCIANO, J . S . C . For a Judgment pursuant to Article : 78 of the Civil Practice Law and DATED /� 199G Rules, ` -against- GERARD P. GOEHRINGER, Chairman, INDEX NO. 88/6291 CHARLES GRIGONIS, JR. , SERGE MOTION DATE 5/27/88 DOYEN, JR. , ROBERT J. DOUGLASS and: CALENDAR DATE 7/18/88 JOSEPH H. SAWICKI , Constituting CDISPSJ the Board of Appeals of 'the Town of Southold, Respondents , HOWARD ZEHNER and DOROTHY ZEHNER, Tn r no g TWOMEY, LATHAM, .SHEA & KELLEY, ESQS . JAMES A. SCHONDEBARE, ESQ. Attorneys for Petitioners Attorney for Respondents 33 West Second Street 53095 Main Road Post Office Box 398 Post Office Box 1179 Riverhead, New York 11901 Southold, New York 11971 ANTHONY B. TOHILL, P.C. Attorney for Intervenors 12 First Street Post Office Box 1330 Riverhead, New York 11901 This is an Article 78 proceeding commenced by the petitioners , Henry Weismann and Frank Flynn, seeking to have the Court "review, annul and set aside the action of the respondents , constituting the Southold Board of Appeals taken on the 15th day of March , 1988 , by which respondents interpr.etated (sic). the Zoning Code of the Town of Southold to the - effect that- the proposed expansion of Young' s . Marina . does not require approval of the Board of Appeals , remanding the application, to. the Board of Appeals for a proper public hearing and determination on the matter . . . . "* This dispute arises out of an application by the owners of Young's Marina to expand the marina which is located in the Town of Southold, New York . Although the subsequent rezoning of the area pursuant to the adoption of a new Muster Plan may have rendered the effect of this proceeding moot , the petition has not been withdrawn and the Court has proceeded to reach the instant determination . PAGE 2 - WEISMANN V. GOEHRINGER INDEX NO. 88/6291 On December 10, 1987 the Town Building Inspector rejected the application and , in the notice of disapproval , indicated: Article VIII Section 100-80(9) expansion of a business marina requires action by Zoning Board of Appeals to expand or originate required special exception. Thereupon the applicant applied to the respondent , Zoning' Board, for a special exception to permit the proposed expansion of the marina. Without giving notice of a public hearing or conducting a public hearing the respondent, Zoning Board, by a letter dated March 15, 1988 informed the applicant "that it is the position of this Board that your project for the elongation of existing boat slips-docks does not require approval from this Board. " The petitioners , Henry Weismann and Frank Flynn, who are neighboring property owners have asserted , inter g.Jj`d, that to render such a -determination without proper notice and a hearing violates section 267 of the Town Law as well as Article XII of the Town of Southold's Building Code. Section 267 of the Town Law provides - in subdivisions (2) and ( 5) : 2. Such board of appeals shall hear and decide appeals from and review any order, requirement, decision of determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this article . It shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision or determination of any such _ administrative official , or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. Such- appeal may be taken by any person aggrieved , or by an officer, .'department , - board of bureau cif the town . . 5 ,. The board of appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall , :at least five days before such hearing, mail notices thereof to the , Parties and to the regional state park commission having jurisdiction over any state park or parkway within five hundred feet of the property affected by such appeal , and shall decide the same within sixty days after the final hearing . Upon the hearing, any party may appear in person -PAGE'- 3 - WEISMANN V. Go( .?INGER INDEX No(88/6291 or by agent or by attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers. of the officer from whom the appeal is taken . In answer to the contention that the respondent, Zoning Board , improperly failed to conduct a public hearing it is asserted by -the respondent, Gerard- P. Goehringer, Chairman of the respondent Zooming Board, that "a public hearing on an application is required, and would be held, only if the Zoning Board has jurisdiction to hear the application in the first instance . . .This Board's lack of jurisdiction. over the specific application before it does not,. contrary to Petitioners (sic) assertions , grant any relief sought by the applicant and the zoning ordinance of Town of Southold must still be met by the applicant. " Similarly, the intervenors , ' Howard Zehner and Dorothy Zehner, have asserted that there is no determination WMdh the Court may review in this Article 78 proceeding . The Court does not agree. While in form the respondent Zoning Board, declined to act on the ground of lack of jurisdiction, in substance the respondent, Zoning Board , reversed a determination of the Building Inspector who had concluded that the applicant required the approval of the respondent, Zoning Board,. to undertake the enlargement of the marina. As stated. in 2 Anderson, New York Zoning Law and Practice (Third Edition) , section 25. 13: The power of a board of zoning appeals to grant or deny, requests for variances , ,interpretations , exceptions , Arid other relief may be exercised only after such a hearing as _ is required by the several enabling acts , by local ordinance, or by board rule. The hearing requirement 1e regarded as mandatory; action by a board of zoning appeals without compliance is a nullity-. Indeed ,, the basic premis e - that' a board may not act except - after notice and hearing is. so well established that litigation concerning board hearings relates mainly to the adequacy of particular hearing procedures , not to the question whether a hearing was required . (Footnotes omitted. ) (Citing Buffalo C emation omtianv v March. 249 N.Y. 531 (aff'e 222 App. Div. 4471 . ) To accept the argument that the respondent , Board of Appeals , has not rendered a determination upon the application for a special permit would be to allow the respondent, Board of Appeals , to insulate itself from review of its determination by merely declining to conduct. a hearing on the ground"that it lacks jurisdiction. PAGE 4 - WIESMANN V. GOEHRINGER INDEX NO. 6291/88 In view of the lack of notice and a hearing in this case , therefore, the determination of the respondent, Zoning board, is-' a nullity. Unlike the situation in Ardalino v White, (286 App. Div. 882) cited by the intervenors , Howard Zehner and Dorothy Zehner, it cannot, be concluded that a hearing is unnecessary in this case. In that case a prior hearing had been conducted and the new application did not change the basis for the decision of the Zoning Board of Appeals . Here there has been no hearing at all. D Accordingly, this matter must be..remanded to.-the respondent, Zoning Board, for a public hearing to be conducted after-. public notice in accordance with. the requirements of section 267 of the Towr Law, Priorto a reviewable determination after-.such. a hearing the .,, Court declines to consider the petitioners'.., Henry Weismann and Frank Flynn, remaining claims with regard to substantive issues . e .Parenthetically, with respect to the substantive issue of the alleged violation of section 280-a of the Town Law, the Court cannot ,- conclude that within common usage the term "building" would include a dock or a ,pier. It is noted that in the Court's decision in the accompanying Article 78 proceeding brought against Victor Lessard, ' as Chief Building Inspector of the Town of Southold, the Court has concluded that it ..is,-for the Board of Appeals to determine+.whether the proposed• i construction constitutes a "building"..:...within the _contemplation of .the Southold Zoning Ordinance., Whether a finding that it is a "building I.. under a local ordinance would determine the question of the applicability of the statute (Town Law section 280-a) is a question upon which decision is now reserved. Settle judgment. ° J . S . C. Mti Pe � . E? y TRUSTEES SCOTT L. HARRIS 1, L 4S tiY � ='+ � d ® °•. �,� ryy � John M. Bredemeyer, III, President d t+ 4 Supervisor Henry P. Smith, Vice President Alberti. Krupski, Jr. �c "a Town Hall, 53095 Main Road P.O. Box 1179 John L. Bednoski, Jr. Southold, New John B. Tuthill BOARD OF TOWN TRUSTEES Fax (5 6) 765-1823971 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 March 8, 1991 = - Merlon Wiggin !� �'1 MAR 1 3 1991 i. Ij Peconic Associates !; ; , One Bootleg Alley P.O. Box 672 Greenport, NY 11944 RE: Brick Cove Marina Dear Mr. Wiggin: The following action was taken by the Southold Town Board of Trustees on Thursday, March 7, 1991: Whereas Chapter 97-22 permits issuance of waivers under 97-21-G; Whereas Peconic Associates on behalf of the Brick Cove Marina have requested a waiver from the ( 1' ) one foot topographical contours requirement of 97-21-G; Whereas the wetland ordinance requirement for (1 ' ) one foot contours pre-dates the ordinance extending jurisdiction into the adjacent 75 ' upland of wetlands (adjacent zone) ; Whereas ( 21 ) two foot contours of elevation are the ordinary and usual accepted engineering standard for the adjacent zone by most involved governmental agencies when reviewing planning, wetland natural resources and zoning matters; Whereas there is familiarity with the site among the Trustees through prior inspections; Whereas there are no steep slopes or unusual physical geographic features known to the Trustees based on prior submissions in ( 21 ) two foot contours; therefore be it, RESOLVED that the Southold Town Board of Trustees accept (2 ' ) two foot contours in the matter of the application for Brick Cove Marina by Peconic Associates, Inc. for that portion of the property landward of ordinary High Water Mark (OHWM) subject to the understanding that no waiver of the one foot (1 ' ) requirement shall be made for lands lying below or beneath the OHWM where sufficient soundings shall be made in ( 11 ) one foot increments so as to give a clear indication as to the bathymetry of the site. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: jmt cc: Planning Board Bruce Anderson C.A.C. Anthony Tohill Ixec ge6� 7—ho-] �FFa, JAMES A.SCHONDEBARE t1� + Town Hall, 53095 Main Road TOWN ATTORNEY j" P.Q. Box 1179 ROBERT H.BERNTSSON Southold, New York 11971 TELEPHONE ASSISTANT TOWN ATTORNEY (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: All Departments FROM: James A. Schondebare, Town Attorney DATE: Sept. 29, 1988 REF: Young' s Marina Attached please find letter from the Army Corps. of _ Engineers setting up date for a public meeting at Young' s Marina on October 6, 1988, at 10: 00 A.M. S Se,;�• 27, 8, 14 : 41 U. S. ARMY CORP. OF ENG. N.F.DI T. 212-2 4-0309 P, 02 DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K_ JAVITS FEDERAL BUILDING NEW YORK. N.Y. 10278-0000 R[1�r fp �,.sMrro+rc. i Operations Division Regulatory Functions Branch SUBJECT: Application No. 87-1377-L2 ooard zehner Chairman, Board of Trustees Chairman, Planning Board Southold Town Hall u Y.O. Box 1179 Southold, New. York 11971 Dear Gentleman: Reference is made of the subject application ficrr apermit from the corps of Engineers for dredging with upland disposal, and . the expansion and reconstruction of Young's Marina in Sage Basin, shelter Island Sound at Southold, Suffolk County, New York. As a follow-up to a conversation of September 22, 1.988 between myself and members or. this lefts. 1 serve as confirmation of a public meeting scheduled for Q :Z:Z= Youngs Marina, Southold, New York. will include a review of comments received in response to our Public Notice for the project. Subject matter will include transportation and safely impacts, inconsistencies with zoning requirements and environmental ,impacts,among other issues. The purpose of the meeting is to discuss these issues in detail in order that the Corps of Engineers can complete informed decision-making orr the permit application before the agency, We understand that your office has recently authorized the subject application which may have included the review of the subject matter to be discussed at this public meeting. L_. Would you please advise this offi "Ee at your earliest convenience if you cannot attend this meeting, I can be reach d at (212) 264•-9053 if you have any questions regarding this matter. Sinc rely , Stev R. Mars Regulatory Specialist Regulatory Functions Branch CF.- Supervisor Francis Murphy L� f• N 11 ter' ! { j 1 TWOMEY, LATHAM, SHEA & KELLEY ATTORNEYS AT LAW NO Y ' 9 33 WEST SECOND STREET i I 7 P.O.BOX 398 .� RIVERHEAD NEW YORK 11901 THOMAS A.TWOMEY,JR. �_ / STEPHEN B.LATHAM D JOHN F.SHEA,III 518-727-2180 CHRISTOPHER D.KELLEY LAWRENCE M.STORM• TELEFAX:516-727-1767 9 NORTH MAIN STREET MAUREEN T.LICCIONE EAST HAMPTON,N.Y.11937 DAVID M.DUBIN-0 November 15, 1990 516-324-1200 P.EDWARD REALE PETER M.MOTT t HERMON J.BISHOP LISA C.KOMBRINK MARY C.CRONIN JOAN C.HATFIELD❑ •NY.CT&FL BARS 0NY Q LA BARS 1 NY&MD BARS o NY 6 CT BARS / John Bredemeyer, President Southold Town Trustee Main Road Southold, New York 11971 Dear Mr. Bredemeyer: I have been advised ._�that there is currently a meeting scheduled of the Trustees by way of a preliminary conference on SEQRA issues to be held on November 27th at 7 :00 p.m. However, in reviewing the decisions recently issued by Justice Luciano in the Supreme Court regarding the . Various approvals that have. been granted by the Town of -Southold; which- approvals were reversed, there is an important threshold issue that must be dealt with before any application can proceed. That issue referenced' at page 4 of the decision in the matter of Weismann v. Goehringer, a copy-of which is enclosed, is whether any expansion can occur on the Young's Marina property in light of the failure to comply with §280-A of the Town Law. The Court determined that it could not conclude whether the interpretation of Messrs-.s Weismann and Flynn of that section or applicant 's interpretation was correct, however, if Messrs . Weismann and Flynn are correct on their interpretation, it would be a permanent bar to the expansion of that parcel unless and until legal access was provided to the parcel. As the decision advises us, the matter was remanded to the Zoning Board of Appeals to determine whether the proposed construction constitutes a "building" pursuant to the Southold Zoning Ordinance and Town Law §280-A. We respectfully request that any determination by the Trustees be placed on hold until the Zoning ' Board of Appeals rules in this regard. By copy of this letter to the Zoning Board of Appeals I am requesting that a hearing be scheduled on this request for an interpretation. Siker ly, is ophe Kelley CK: js Enclosure cc: Mr. Henry Weismann cc: Mr. Frank Flynn cc: Anthony B. Tohill, Esq. cc: Gerard P . Goehringer, Chairman ZBA _- DEPARTMENT OF THEARMY NEW YORW DISTRICT-CORPS OF_ENGINEERS -JACOB K.=JAVITS FEDERAL-BUILDING ' NEW PORK, N Y:-10278"0090 15_f - REPLY TO- ATTENTION OF, Operations Division _ 110 An 2 4 } Regulatory Branch SUBJECT: Permit Number 15516, Youngs Marina Mr. Christopher Kelley, ESQ ' 33 West Second Street P.O. Box 398 Riverhead, N.Y. 11901 Dear Mr. Kelley: This letter is in response to your letters dated June 8, .. and July 19, 1990 requesting the NY District to rescind permit - number 15516 (copy attached) which authorized Youngs Marina to reconstruct and 'eXpand their marina _facility- in Sage .Basin, Shelter Island Sound- at Southold, -=Suffolk- County, New York. Your letter referred to a Neyt .York State Supreme Court decision which overturned a local town permit based on non-compliance of the State Environmental--Quality Review' Act (SEQRA) . In accordance with Title 33 CFR Part 320.4{j ) (1) , "Final action on the Department of the Army permit will .normally not be delayed pending action by another Federal, state or local agency" . Further, "Once the district engineer has sufficient information to make- his -public--interest- determination;---he------- - --- -- should decide the permit application even though other agencies which may have regulatory jurisdiction have not yet granted their authorizations, except where such authorizations are, by federal law, a prerequisite to making a decision on the Department of the Army permit application" [33 CFR Part 325. 2 (d) (4) ] . Under Federal law, neither compliance with SEQRA or with the Town .of Southold' s municipal ordinances are required for the issuance of a permit. I also bring to your attention under"Further Information" of permit number 15516 [paragraph 2 (a) ] which states "This ` permit does not obviate the need to obtain other Federal, state, or local authorizations required by law" . As such, the work permitted under permit number 15516 may not be performed until all local permits are secured. I trust the foregoing is sufficient -for your needs. - If you request further information on this matter please contact Mr. Steven R. Mars of the Regulatory Functions Branch at (212) 264-9053 . - -_ Sincerely, Joseph J. Seebode Chief, Regulatory Branch CF: NYSDEC _ .- Town of Southold i . Young's Marina - oc��FFOLI��G JUL 3 019M o y` Z PLANNING BOARD MEMBERS C= I I L. HAKKIS Bennett Orlowski, Jr., Chairman %k% O� Supervisor George Ritchie Latham, Jr. `a Richard G. Ward ��1 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: Gerard P. Goehringer, Chairman Zoning Board of Appeals FROM: Valerie Scopaz, Town Planner V�l RE: Litigation on Young' s Marina SCTM#1000-57-1-38.3 DATE: July 27, 1990 As per my conversation with Harvey Arnoff, I am forwarding the enclosed correspondence to you. The decision affects your Board, not the Planning Board. Encl. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------X HENRY WEISMANN and FRANK FLYNN, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, NOTICE OF 4 TTT,FMENT -against- GERARD P . GOEHRINGER, Chairman, CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. , ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, constituting the Board of Appeals of the Town of Southold, Respondents, Index No. 88-6291 HOWARD ZEHNER and DOROTHY ZEHNER, Intervenors . -------------------------------------X C O U N S E L : PLEASE TAKE NOTICE that a judgment, of Which the within is a true copy, will be presented for settlement to the Honorable Daniel F. Luciano, one of the judges of the within named court at the Courthouse, Griffing Avenue, Riverhead, New York, on the 22nd day of June, 1990 at 9 : 30 o ' clock in the forenoon of that day. Dated: Riverhead, New York June 12, 1990 TWOMEY, . LATHAM, SHEA .& KELLEY : - - Attorneys for Petitioners 33 West 'Second Street, P .O. Box 398 - Riverhead, New York 11901 (516) 727-2180 TO: Town Attorney Town of Southold Attorney for Respondents 53095 Main Road nil P .O. Box 1179 a..x, "• Southold, NY 11971 Anthony Tohill, Esq. Attorney for Intervenors 12 First Street per- P .O. Box 1330 `! Riverhead, NY 11901 At an IAS Part X of the Supreme Court of the State of New York, held in and for the County of Suffolk, at the Courthouse, Griffing Avenue, Riverhead, New York, on the day of June, 1990 . P R E S E N T HON. DANIEL F. LUCIANO, Justice SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----=---------------------------------X HENRY WEISMANN and FRANK FLYNN, Petitioners, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, JUDGMENT -against- GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, JR. , SERGE DOYEN, JR. , ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, constituting the Board of Appeals of the Town of Southold, Respondents, Index No. 88-6291 HOWARD ZEHNER and DOROTHY ZEHNER, - Intervenors . -------------------------------------X A proceeding under Article 78 of the Civil Practice Law and Rules having been brought by the petitioners, seeking a judgment annulling a determination by respondent Board of Appeals of the Town of Southold, issued on March 15, 1988, interpreting the Southold Town Zoning Code and determining that the application of Howard Zehner (Young' s Marina) does not require approval of the Board of Appeals, and said proceeding having come on before me on August 22, 1988, and intervenors having moved to intervene and said motion having been granted by order dated December 21, 1988, and upon reading and filing of the petition of Henry Weismann and - Frank Flynn verified on the 14th day of April, 1988, respondents ' answer verified the 26th day of May, 1988, and upon reading and filing petitioners ' reply affidavit sworn to the 8th day of August, 1988, together with intervenors ' answer dated the 5th day of August, 1988, petitioners ' memorandum of law dated August 8, 1988, intervenors ' memorandum of law dated March 27, 1989, and petitoners ' reply memorandum of law dated April 17, 1989, and all the papers and proceedings heretofore had herein; and the Court having reviewed the record herein and having heard oral argument of the parties on December 6, 1989, and that Court having rendered a memorandum .decision dated May 18, 1990 granting the petition on the merits and finding that the respondent Board's determination was a nullity, - . NOW, on motion of Christopher Kelley, Esq. , attorney for petitioners, it is ORDERED, ADJUDGED AND DECREED that the petition of Henry Weismann and Frank Flynn be and the same hereby is granted and the decision of the respondent Board of Appeals is deemed to be a nullity; and it is further ` 2 ORDERED, ADJUDGED AND DECREED that this matter be remanded to respondent Board of Appeals for a public hearing, to be conducted after public notice in accordance with the requirements of Section 267 of the Town Law; and it is further ORDERED, ADJUDGED AND DECREED that upon any hearing of this matter before respondent Board of Appeals the Board of Appeals shall determine whether the construction proposed by the intervenors constitutes a "building" as contemplated in the definition contained in the Southold zoning ordinance; and it is further ORDERED, ADJUDGED AND DECREED that the petitioners are awarded costs in the amount of $ against the respondents Southold Board of Appeals, Main Road, Southold, New York, in accordance with the annexed bill of costs . E N T E R J.S .C. 3 X 55—BID.at Cato (mitt CPLE° ous) Blank Court CO►talaNr u»sr J 9LUMa[Ra,INC.,LAW BLANK PUNLISHERa SUPREME COURT COUNTY OF SUFFOLK Index No. 88-6291 HENRY WEISMANN and FRANK FLYNN, for a Judgment Pursuant to Article 78 of the PlaLt�Rttiijf(sl againss Cogtg of Petitioner GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS,. JR. , SERGE DOYEN,' JR. , ROBERT J. DOUGLASS and JOSEPH H. SAWICKI, constituting the Board of Appeals o the Town of Southold e/endant(s) Costa before note of issue.............•........ : 200 00 Fee for index number CPLR f8o18(al..........-..._.. 100 OO CPLR 18201 subd. 1 •-�•--•--••-----•--- Referee's fees CPLR 18301(a)1_.—._.Costs after note of Issue........................ -....--------..._.-- CPLR 18201 subd. 2 Z Commissioner's compensation CPLR Trial of issue...................................... --- CPLR 18201 subd. 3 :R Clerk's fee,filing notice of pend.or attach. Allowance by statute............................ CPLR 18018(e) 18021(a)12 __--.— CPLR 18302(a)(b) W Additional allowance............................ Clerk's fee cancel.notice of Pend. CPLR 18021(a)12._—_—.—._ CPLR 18302(d) Entering and docketing g judgment CPLR 18301(a)7 18016(a)2—. 50 Motion costs........................................ M Paid for searches CPLR 8301 a)10—_. CPLR 182�2 1 ( ----_-- Appeal to App.Div.or App.Term ^ Affidavits& acknowledgments CPLR before argument A Serving p CPLR 18203 ■ubd.,1 g copy summons complaint CPLR 1& 8011(c)1 18301(d)__ 63 00 Appeal to Apo. Div. or App. Term Note of issue CPLR 19020(a)....--_.........—........_-. _ for argument report Paid referee's re rt CPLR 1 8301(a)12... ._...... CPLR 1820E subd. 2 . Appeal to Court of Appeals Certified copies of papers CPLR 18301(a)4....... —_.—._-- before argument Satifaetio� i CPLR s 18206 subd.1 piece CPLR 15020(a) 18021.._-_------ Appeal to Court of Appeals Transcripts and filing CPLR CPLRJU004wDd. 2 Certified copy of judgment 1 1 figment CPLR 8021..—_— _. Postage CPLR 18301(a)12 !uMfee CPLR 18020(e)1 --- Stenographers fees cPLR 18002 18301_...__.----_.._-.__. 48 66 Sheriff's fees on execution CPLR 18011(b) 18012.—. ShwWs fees,attachment,arrest eta CPLS 18011(a)(e)i,i(t) Paid printing cases CPLR 18301(s)s........... -- Paid printing case CPLR Clerk's fees Court of Appeals CPLR 18301(a)12--..-.._...--- Paid copies of papers CPLR 18016(a)4._._...__......_.—._..— Motion expenses CPLR 19301(b) Fees for publication CPLR 18301(s)3................................... Serving subpoena CPLR 18011(c)11831-1;dI................................ — Paid for Register's Search--- CPLR 19301ta-10 : County- Clerk's Search__... l oan Curnmi,,Aoner'< Search.... . U.S. District Court Search.. ..... U.S. Circuit Court Search... _ 11 TaxSearch............_.........._..._... ....... ...... i Referee's Report......................................_. ..-.._........._..... Attendance of Witnesses: CPLR 18001(a)(b)(c) 1b301(a)1__—. i �I I � COSTS ................................................ = 200 00 �I DISBURSEMENTS .................................. 212 16 II TOTAL 412 16 it ;; 212 16 'If NCW k. G-11111% .4 Ind'.i A'o. 88-6291 bring (July sworn, I.-Im-4 alld -at'. lll.'kt th-joillient is 1144 SUPREME COURT V a PJFIY to [lit, ,%t,r 18 year. off age and resides 7, COUNTY OF SUFFOLK 12 at Thai on the 'fil) of 19 deponent %erve-d the within bill of lull. and notice of HENRY WEISMANN and FRANK FLYNN, C_f taxation on r_ Z_ ait-ane)10 fur (D lit-rein, at Ili, .ifwe it PhlifiliLI(s) Cr t1j C C2 (D 7 "o V during Ili-; al—it... loon -.1i.1 Y -1 . I stf-ke out either (a)or (b) j3 %0 (a) by Own and flivie lvaviitg a irij.- py GERARD P. COEHRINGER, et al. ,if file same 0 5 (D clvi k; bavin• 4-1�llj o Dejendant(s). (10 aid said ""i"' lit-ing Clils"ll. by dew),ilitig a true copy r- C/3 of Sallie, enclosed in a scaled wrapper directed to said Ila all(irney(s), in the 4.1fice It-111.1 (frill) or box. 7 P1 0 OQ . . . . . .................... C, :5 Sworn to befoll. Ili,. Illk 41�� of 01.101i to 0 day of 19 And Notice ol Taxation of, O'D 0a 0 ';it': Please Take Notice that the within is a true copy % a 9 (D of fit- items of costs and disbursements in the within c67 action"--taxed—Oand that the same will be taxed— 0 hr the Clerk of a - 5.J El Staff- of New )"fork, (:aunty' of Its.: a-= -0 c:.y-r_z �_— Court. at his office in the courthouse thereof on the 9 al rt being duly -,w,,rn, dcjfii-e, and sav,; 111al dellonent is not day of 19 7 ei :r joirty too 3- a lit teat, of age and resides .0 o'clock in the rition at 4 Ola, (lay-and the amount inserted in the judginent. That oil Ilw 4141% of 19 Yours, etc. et, nix (D irril srived the within bill of and lifilice of TWOMEY, LATHAM, SHEA & KELLEY 0 IQ :1 on con Attorney(s) for Petitioners xnR . alturney i s) for 33 West Second Street C =r-C- (D =r' at Riverhead, NY 11901 F- (D u. desi :3 the addraddressgnated hy ozaid amilljo-VI..) for that purpose Q- by depositing a true ropy of sarne enclosed in a Postpaid properly addres,ed wrapper, in—a post offire—official de. g Attorney(s) for :r-:=-C_ pootitory under the exclusive care and custody of the United C_ !t. Stater Portal Service within New York State. rt n v. .. ..... . ... ... ....................... Sworn to before ine. this S,-r%i(!e of the within bill of costs and notice of *day of taxation is hereby admitted this (lay g, 19 .. ..... . ........ . ... ...... . .. . .. Allorne)(.0 /or "Sit lk.."lot ..nr (VI'Llt 1"402 64W31 PECONIC ASSOCIATES, INC. Engineering, Marine & Energy Consultants OncBuuticgA Environmental Planning . Alley P.O. tiuxb72 Creenpurt,New Yurk 11944 (S 16)477.0030 April 19 , 1988 Mr. Bennett Orlowski , Jr. - Chairman Southold Town Planning Board Southold Town Hall Main Road Southold , L. I . New. York - 11944 Re : Young ' s Marina SCTM # 1000-57-1 -38. 3 Dear Mr. Orlowski : Reference is made to your April 13th letter in which you report that the Southold Town Planning Board declare itself Lead Agency under the State Environmental Quality Review Act for su.bject project . It is my opinion that this action is in violation of both the intent and proceedings of the State Environmental Quality Review Act. There should be' only one ( 1 ) Lead Agency for each action , which is the coordinator of reviews of other agencies . Reference is made to Section 617. 1 (e ) , sub-paragraph ( 2 ) - (copy enclosed ) . The Southold Town Board of Trustees by Resolution declared them Lead Agency on August 28 , 1987 (copy enclosed ) . The Planning Board , as well as other agencies , was copied . It is now contrary .to. SEQRA Proceedings to start another environmental review process . Reference is made to Section 617 .3 , sub-paragraph (h ) - (copy enclosed ) . Other involved agencies , which includes the Planning Board , have a responsibility to provide information to the Lead Agency (the Trustees ) including participation in the public hearing which was held . Reference is made to Section 617 . 3 , sub-paragraph ( i ) - (copy enclosed ) . Y Mr. Bennett. Orlowski April 19 , 1988 Page 2 For the Planning Board now to consider their particular area of review, as .a separate action , that is separate from the Trustees , is considered segmentation and is contrary to the intent of SEQRA. Reference is made to Section 617 . 3 , sub- paragraph (k ) , and its sub-paragraph 1 (copy enclosed,) . The Planning Board now, at this late date , in initiating a separate SEQRA proceedings , is creating . an unfair and unwarranted delay: on the part of the applicants , also contrary to the intent of SEQRA. Reference is made to Section 617 . 3 , sub-paragraph ( 1 ) - (copy enclosed ) . Even though it is not a requirement , SEQRA encourages coordinated reviews for unlisted actions . The Trustees met the requirements of coordinated review by distribution of the of appropriate documents to all of the involved agencies . Reference is made to Section 617. 6 , sub-paragraph (c ) , ( 1 ) - (copy enclosed ) . Even if you , by some stretch of. the imagination , considered that the Trustees did not do a coordinated review, it is still inappropriate at this date to entertain making a positive declaration . Reference is made to the last sentence of Section 617.6 , sub-paragraph (d ) , sub-paragraph (3 ) - (copy enclosed ) . Again , emphasize that only one ( 1 ) agency can be Lead Agency . If the Planning Board wished to ,be,. Lead Agency , then . the procedures in Section 617 .6 , sub-paragraph (e ) should have been followed (copy enclosed ) . As prefaced at the beginning of this letter , it is my sincere opinion that your Declaration of April 13th duplicating Lead Agency Status , is not. in , accordance with the State Environmental Quality Review, Act. In the interest of fairness , good government , and following procedures of which the intention is to protect the environment , respectfully request reconsideration of ,your resolved actions . Mr. Bennett Orlowski April 19 , 1988 Page 3 If you have any questions , it is also suggested that you contact the appropriate State officials for their assistance in making the appropriate determination of proceedings . Sincerely , PECONIC ASSOCIATES, INC. Merlon E. Wiggin , Ph . D. ,M. E. President cc : Mr. Howard Zehner with Attachments Ms . Marie Ongioni with Attachments Robert A. Greene , D. E. C. , Stony Brook with Attachments Commissioner Thomas C. Jorling , D. E. C. , Albany with Attachments Stephen Mars , Army Corps of Engineers with Attachments Southold Town Board of Trustees Southold Town Conservation Advisory Council with Attachments Southold Town Building Department with Attachments rSouthold Town Zoning Board- of " Appeafs with Attachments James A. Schondebare , Southold Town Attorney with Attachments File with Attachments MEW/iw iL T D Southold, N.Y. 11971 (516) 765-1938 April 13, 1988 Merlon Wiggin Peconic Associates 1 Bootleg Alley Greenport, NY 11944 RE: Young' s Marina SCTM #k1000-57-1-38.3 Dear Mr. Wiggin: The following action was taken by the Southold Town Planning Board on Monday, April 11, 1988. RESOLVED that the Southold Town Planning Board declare itself Lead Agency under the State Environmental Quality Review Act. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN it R• §617.1 SECTION 617.1_ AUTHORITY, INTENT AND PURPOSE. (a) This Part is adopted pursuant to section 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act (SEQR). (b) In adopting SEAR, it was the Legislature' s intention that all agencies conduct their affairs with an awareness that they are stewards of the air, water, land, and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. (c) The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision- making processes of State, regional and local government agencies at the earliest possible time. To accomplish this goal , SEQR requires that all agencies determine whether the actions they directly undertake,: fund or approve may have a significant effect on the environment, and if it is determined that the action may have a significant effect, prepare or request an environmental impact statement. (d) It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this Part that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision- making processes of State, regional and local agencies. It is not the intention of SEQR that environmental f actors.be the sole consideration in decisionmaking. (e)__ This Part is intended to provide a statewide. regulatory frame- work for the implementation of SEQR by all state and local agencies. It includes: (1) procedural requirements for compliance with the law; (2) provisions for coordinating multiple agency environmental - reviews,:throu.ghw;,,a:•si,n.gl_e.lead..agency,(-section 617:6,,-of thts-Part); (3) criteria to determine whether a proposed action may have a significant effect on the environment (section 617.11 of this Part); (4) model assessment forms to aid in determining whether an HENRY P. SMITH, President :L JOHN M. BREDEMEYER, Vice-Pres. TELEPHONE (516)765-1892 PHILLIP J. GOUBEAUD ALBERT .L JR ELLEN MLARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 28, 1981 Mr. Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley Greenport, New York 11944 Re: Youngs Marina - Application No. 574�:.:! Dear Mr. Wiggin: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27, 1987 regarding the above matter. ' RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Peconic Associates, Inc. on behalf of Youngs Marina for a Wetland Permit on certain property located on Sage Road, Southold. Very truly yours, P � Henry P. Smith, President Board of Town Trustees HP S:ip cc: Robert A. Greene, D.E.0 , Stony Brook Commissioner Henry G. Williams, D.E.C. , Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File Planning Board • ,�• S��Fo�c HENRY P. SMITH, President JOHN M. BREDEMEYER .Vice-Pres. r� } �� TELEPHONE � ,dot''.'"'" ��'k�K�f �7 (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: September 25, 1987 APPLICATION NO. : 574 NAME: PECONIC ASSOCIATES ON BEHALF OF YOUNGS MARINA This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. 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: Unlisted DESCRIPTION OF ACTION: To enlarge and rebuild marina for 138 boats to include main docks and 697ffig'e' r piers and approx. 2900 cu. yds. of dredging. LOCATION: Sage Road, Southold. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C.. it is assumed that there are no objections nor comments from those agencies. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Commissioner Thomas C. Jorling, D..E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept, Planning Board Board of Appeals Town Clerk's Bulletin Board file Peconic Associates on behalf of Youngs Marina L Howard Zehner -9- §617.3 _. (2) engaging in review of any part of an application to deter- mine compliance with technical requirements, provided that no such deter- mination shall entitle or permit the applicant to commence the act ion . unless and until all requirements of this Part have been fulfilled. (d) An agency which must make a legislative decision, such as rezoning, need not apply SEQR to its legislative decision process if the agency determines that the action will not be entertained. (e) An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. (f) An application for agency funding or approval of a Type I or Unlisted action shall not be complete until : (1) a negative declaration has been filed; or (2) until ' a draft EIS has been accepted' by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the SEQR process shall run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation, review and public hearings with respect to the draft EIS. (g) The lead agency shall make every reasonable effort to involve applicants, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of signi- ficance and to identify areas of controversy relating to environmental issues, thereby focusing the issues requiring in=depth analysis in an EIS. '_ (h) The effect of an, applicant or agency exercising due diligence in�' Y identifying all other agencies having funding or aproval authoriwty over the action, and of the agency or applicant providing written notice of the agency' s determination of environmental significance to such other involved agencies, shall be that unless an involved agency formally objects to the establishment of Lead agency�pursuant=to 'section 617.6(e)_ of this Part, no other, invpIyed agencymay later require the preparation of an EIS in connection with the action. ` (i ) Each agency involved im a proposed action has •the responsibility to provide the. lead agen.cy.With. ._info.rmatim.,jt. m y.,h ve which may assist the lead agency in making its determination of significance, to identify -9- §617.3 - (2) engaging in review of any part of an application to deter- mine compliance with technical requirements, provided that no such deter- mination shall entitle or permit the applicant to commence the action unless and until all requirements of this Part have been fulfilled. (d) An agency which must make a legislative decision, such as rezoning, need not apply SEQR to its legislative decision process if the agency determines that the action will not be entertained. (e) An agency may waive the requirement for an EAF if a draft EIS is prepared or submitted. (f) An application for agency funding or approval of a Type I or Unlisted action shall not be complete until : (1) a negative declaration has been filed; or (2) until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the SEQR process shall run concurrently with other procedures relating to the review and approval of the action, if reasonable time is provided for preparation, review and public hearings with respect to the draft EIS. (g) The lead agency shall make every reasonable effort to involve applicants, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of signi- ficance and to identify areas of controversy relating to environmental issues, thereby focusing the issues requiring in-depth analysis in an EIS. (h) The effect of an. applicant or agency exercising due diligence in\1 identifying all other agencies having funding or approval authority over the action, and of the agency or applicant providing written notice of the agency' s determination of .envi.r_o.nmental_ significance to such other involved agencies, shall be that unless an involved agency formally objects to the establishment of lead agency pursuant to section 617.6(e) of this Part, no other i n,vo.l_ved.ag p.qy., may later require the preparation of an EIS in connection with the action. w" (i ) Each agency involved in�a proposed action has the responsibility to provide the lead agency w.i.,th .info.rmation. .it, may_ have. which_,may _assist the lead agency in making its determination of significance, to identify -10- §617.3 . issues in the scoping process, to comment in a timely manner on the EIS !if it has concerns which need to- be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, ;particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEQR. (k) Actions commonly consist of a set of activities or steps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation) . The enti_r.Q,_set of activities or steps, shall be considered the action, whether the agency decisio,nmaking relates to the action as a whole or (1) Considering only_-,a part or segment of an_action is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessary, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in section 617.8(g) of this Part. (1 ) A9enci.es .shall carry out the terms and requirements of this Part with minimum procedural and administrative delay, shall avoid unnecessary duplication of reporting and review requirements by providing, where- feasible, for combined or consolidated proceedings, and shall expedite all SEQR proceedings in .the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. -10- §617.3 issues in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required. for actions .which are Type II, Excluded or Exempt from SEAR. (k) Actions commonly_ consist of a set of activities or st-eps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation) . The entire_.-.set of activities or steps shall be considered the action., .olether the-_agency �decisionma kin g relates to the action as a whole or to ,(1) Considering„onl,y..a .part or segment of an action is contrary to the intent of SEQR. If .a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination ,of significance and any subsequent EIS the supporting reasons an,d must' demonstrate that such review is clearly no less. protective of the ; environment. Related actions should be identified and discussed to the fullest extent possible. _. (2) If it is determined that an EIS is necessary, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in section 617.8(g) of this Part. (1 ) Agencies shall carry out the terms and requirements of this Part with minimum procedural and administrative delay,~shall avoid unnecessary duplication of reporting and review requirements by pro vi.ding," where feasible, for combined or consolidated proceedings, and shall expedite _ all SEQR proceedings in the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. -10- §617.3 . issues. in the scoping process, to comment in a timely manner on the EIS if it has concerns which need to be addressed and to participate as may be needed in any public hearing. Other agencies interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. (j) No SEQR determination of significance, EIS or findings statement is required for actions which are Type II, Excluded or Exempt from SEAR. (k) Actions commonly consist of a set of' activities or steps (e.g. for capital projects the activities may include planning, design, contracting, demolition, construction and operation) . The en�e_.se.t of activities or steps shall be considered the action, whether the _agency decisionmaking relates to the action as a whole or to-,.onlya,_pdrt.Qf-Jt. (1) Considering only. apart or segment of an action is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review, it must clearly state in its determination of significance and any subsequent EIS the supporting reasons and must demonstrate that such review is clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible. (2) If it is determined that an EIS is necessaty, only one draft and one final EIS need be prepared on the action if the statement addresses each part of the action at a level of detail sufficient for an adequate analysis of environmental effects. Except for a supplement to a generic environmental impact statement (see section 617.15 of this Part), a supplement to a draft or final EIS will only be required in the cir- cumstances prescribed in section 617.8(g) of this Part. (1 ) Agencies. shall carry out the terms and requirements of this Part with minimum procedural and administrative delay, shall avoid unnecessary duplication of reporting and review requirements by providing, where feasible,-for combined- or consolidated proceedings, and shall expedite; all SEQR proceedings in the interest of prompt review. (m) Time periods in this Part may be extended by mutual agreement between an applicant and the lead agency, with notice to all other involved agencies by the lead agency. -15- §617.6 EAF, or any additional information reasonably necessary to make that determination. (b) Lead agency procedures when more than one agency is involved: (1) For all Type I actions and for coordinated review of Unlisted actions involving more than one_agency, a lead agency must be established prior to a dete.rmi.nati.on,of si,gnif i cance. For Unlisted ' actions where there will be no coordinated review, the procedures in section 617.6(d) of this Part must be followed. (2) When an agency has been established as the lead agency for an action involving an applicant and has determined that an EIS is required, it must, in- accordance with section 617.10(b) of this Part, promptly notify the applicant and all other involved agencies, in writing, that it is the lead agency and that an EIS is required. (3) The lead agency shall continue in that role until either a negative declaration is filed, a findln.g_„statement is .filed, or a lead agency is re-established in .accordance, with section„617.6(f) of this Part. (c) Time periods for coordinated review: (1) When an agency proposes to directly undertake or receives an application for funding or approval for a Type I action or an Unlisted action undergoing coordinated review in which other agencies are involved, it shall , as soon as possible, mail the EAF, with Part I completed by the project sponsor, or a draft EIS and a copy of any appli- cat'ion it has received .to.._al...l .involved agencies-notifying them that a ,lead agency must be agreed upon within 30 calendar days of the date the ,,EAF or.'draft EIS was mailed to them. (2) The.lgad agency. shall determine the significance of the action within 20 calendar days of its establishment as lead agency, or within 20 calendar days of its receipt, of all information it may reason- ably need to make the determination of significance, whichever occurs later, and shall immediately file the determination in accordance with section 617.10 of this Part. (d) Uncoordinated review for Unlisted actions involving more than one agency: (1) As early as possible in the formulation of plans for an Unlisted action, and before any authorization is granted which commits an -16- §617.6 , agency to a particular action, or within 20 calendar days of its receipt of an application and an EAF, and other reasonably necessary information, an agency shall make a determination of significance. (2) When an agency determines that an Unlisted action may have a significant effect on the environment, coordinated review and notifica- tion in accordance .with subdivisions (b) and (c) of this section is required. , (3)_ When an agency determines that an Unlisted action will not have a significant effect on the environment, the coordinated review and notification procedures set forth in subdivisions (b) and (c) of this section are optional. For uncoordinated review of Unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency when making its deter- mination. At any time prior to ania en final decision, that agency' s. �.. negative declaration may be superseded by a positive declaration issued by any other involved agency. , (e) Actions for which lead agency cannot be agreed upon: (1) If, within the 30 calendar days allotted for establishment of lead agency, the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may request, by certified mail or other form of receipted delivery to the commissioner, that a lead agency be designated. Simultaneously, copies of the request must be sent by certified mail or other form of receipted delivery to all involved agencies and the applicant. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated, by the commissioner. (2) The request must identify each involved agency' s jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in paragraph (5) of this subdivision, and must state that all comments must be submitted to the commissioner within 10 calendar days after receipt of the request. (3) Within 10 calendar days of the date a copy of the request is received by them, involved agencies and the applicant may submit to the commissioner any comments they may have on the issue. Such comments must contain the information indicated in paragraph (2) of this sub- division. Ar_ _ -16- §617.6 r agency to a particular action, or within 20 calendar days of its receipt of an application and an EAF, and other reasonably necessary information, an agency shall make a determination of significance. (2) When an agency determines that an Unlisted action may have a significant effect on the environment, coordinated review and notifica- tion in accordance with subdivisions (b) and (c) of this section is required. (3) When an agency determines that an Unlisted action will not have a significant effect on the environment, the coordinated review and notification procedures set forth in subdivisions (b) and (c) of this section are optional . For uncoordinated review of Unlisted actions, each involved agency must make its own determination of significance. Each involved agency is considered a lead agency when making its deter- mination. At any time prior to an a en final decision, that agency' s negative declaration may be superseded by a positive declaration issued by any other involved agency. (e) Actions for which lead agency cannot be agreed upon: (1) If, within the 30 calendar days allotted for establishment of lead agency, the involved agencies are unable to agree upon which agency shall. be the lead agency, any involved agency or the applicant may request, by certified mail or other form of receipted delivery to the commissioner, that a lead agency be designated. Simultaneously, copies of the request must be sent by certified mail or other form of receipted delivery to all involved agencies and the applicant. Any agency raising a dispute must be ready to assume the lead agency functions if such agency is designated, by the commissioner. (2) The request must identify each involved agency' s jurisdiction over the action, and all relevant information necessary for the commissioner to apply the criteria in paragraph (5) of this subdivision, and must state that all comments must be submitted to the -.commissioner within 10 calendar days after receipt of the request. (3) Within 10 calendar days of the date a copy of the request is received by them, involved agencies and the applicant may submit to the commissioner any comments they may have on the issue. Such comments must contain the information indicated in paragraph (2) of this sub- division. � 4Y -� -17- §617.6 (4) The commissioner shall designate a lead agency within 20 .calendar days of the date the request is received, or within 20 calendar days of the receipt of any supplemental information the commissioner has required, based on a review of the facts, the criteria below, and any comments received. (5) The following criteria, in order of importance, shall be used by the commissioner to designate lead agency: (i ) whether the anticipated impacts of the action being considered are primarily of statewide, regional , or local significance, (i .e., if such impacts are of primarily local significance, all other- considerations being equal , the local agency involved shall be lead agency) ;_ (ii ) which agency has the broadest governmental powers for investigation of the impact -of the proposed action; and (iii ) which agency has the greatest capability for pro- viding the most thorough environmental assessment of the proposed action. (6) Notification of the commissioner' s designation of lead agency shall be mailed to all involved agencies and the applicant.' (f) Re-establishment of lead agency: (1) Re-establishment of lead agency may occur by agreement of all involved agencies in the following circumstances: (i ) for a supplement to a final EIS or generic EIS; (ii ) upon failure of the lead agency' s basis of jurisdic- tion; (iii ) upon agreement of the applicant, prior to the accep- tance of a draft EIS. (2) Disputes concerning re-establishment. of lead agency for a supplement to a final EIS or generic EIS are subject to the designation procedures contained in section 617.6.(e) of this Part. (3) ' Notice of re-establishment of lead agency must be given by the new lead agency to the applicant within 10 days of its establishment. (g) Determining significance: (1) The lead agency must determine the significance of any Type I or Unlisted action in writing in accordance with this section and section 617.11 of this Part. UCS . 840 (rev.. Aug. 86). For Clerk Only REQUEST"FOR JUDICIAL INTERVENT-ION .SUPREME (COtylTOXCOURT, SUFFOLK. COUNTY .'Index No. 88-6291' -Date Purchased 4/15/H8 IAS Entry Date FULL TITLE OF. ACTION HENRY WEISMANN and FRANK FLYNN, C£IW ED Petitioners, . For a judgment pursuant to Article 78 of the civil An'0 Name of Assigned Practice Law and Rules . . APR �9�. Judge - Practice-Law Against- GERARD P. GOEHRINGER,- Chairman, .CHARLES GRIGONIS, JR., , $O1An T^`^'^ Clerk . SERGE DOYEN, JR. , ROBERT J. DOUGLASS, AND JOSEPH H = SAWICKI, Constituting. the Board of Appeals of the Date of Assignment Town of. Southold, Respondents Issue joined (date ) (check if applicable) Bill of particulars served (check, if applicable) NATURE OF JUDICIAL INTERVENTION (check) Request for preliminary conference Note of issue and/or certificate of readiness Notice of motion (return date ) Relief sought Order to show cause "(return date ) Relief sought ( to be completed by clerk ) Other ex parte application review, annul and -set aside �cx Notice ,of petition (return date 5/27/HH ) Relief sought3 rd. Notice of medical or dental malpractice action (specify which ) Statement of net worth Writ of habeas corpus _ Other (specify ) NATURE OF ACTION OR PROCEEDING (check) TORT SPECIAL PROCEEDINGS _ Motor vehicle _ Tax certiorari Medical or dental malpractice _ Condemnation (specify which. ) Foreclosure Seaman _ Incompetency or conservatorship Airline _ Other special proceeding, . Other tort, including but not limited including but not limited to to personal injury, property damage, Article 75 (arbitration) , slander or libel Article 77 (express trusts) , (specify) Article 78 review, annul F. set aside action OTHER ACTION (specify)of Board .Matrimonial (contested) _ Contract _ Matrimonial (uncontested)- _ Other (specify) ------------------------------------------------------------------------------------------ In the City of New York only: _ The City of New York is a party to this, action. The Transit Authority (or MABSTOA) is a party to this action'. (over) ATTORNEYS) FOR PLAINTIFF(S)/PETITIONER(S) Name Address Phone TWOMEY, LATHAM,. SHEA & KELLEY 33 West Second Street (516)727-2180 PO Box 398 Riverhead, NY 11901 ATTORNEYS) FOR DEFENDANTS)/RESPONDENT(S) Name . Address _ Phone unknown NAMES OF INSURANCE CARRIERS (if applicable and available) RELATED CASES (if none, write "NONE" below) Title Index # Court Nature of relationship Henry Weismann, et al. v. John M. Bre emeyer, III, et al. 88-4911 4tTnrmmn ro Trt casp against Trustees I AFFIRM UNDER PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST_ FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated: April 15, 1988 (SIGNATURE) Christopher Kelley (PRINT OR TYPE NAME) Petitioners ATTORNEY FOR 14 West- gPnnnrl STrr-+a+ ADDRESS. (Print or Type) - PO Box 398 Ai lrnrhead , ATV I I An . INSTRUCTIONS Attach rider sheets if necessary to provide required information -If any party is appearing pro se (without an attorney) , the required information concerning such party -is to be. entered in. the space provided for-attorneys. SUPREME COURT OF THE' STATE- OF NEW YORK } COUNTY OF SUFFOLK --------------------------------------x HENRY WEISMANN .and-FRANK FLYNN, Petitioners, For a judgment pursuant to . NOTICE OF PETITION Article 78 of the Civil Practice Law and Rules -against- Index No. 88-6291 GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, Jr. , SERGE DOYEN, Jr. , ROBERT J. DOUGLASS, and JOSEPH H. SAWICKI, Constituting the Board of Appeals of the Town of Southold. Respondents. --------------------------------------x . S I R S PLEASE TAKE NOTICE that upon the annexed Petition of Henry . Weismann and Frank Flynn verified the 14th day, of March, 1988, an application will be made to this Court, at an IAS Part thereof, to be held in . and for the County of Suffolk, at the Supreme Court Courthouse, Griffing Avenue, Riverhead, New York on the 27th day of May, 1988, at 9:.30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard, for a judgment pursuant to CPLR Article 78 to review, annul and set aside the action of the respondents, constituting the Southold Board of Appeals taken on. the 15th day of March, 1988, by which respondents inter retated the Zoning Code of the Town- of Southold - to the effect that the proposed expansion of Young's Marina does ! not require approval of the Board of Appeals, remanding the application to the Board of Appeals for a proper public hearing and determination on the matter and granting such other and further relief , as to this Court may, seem just and proper, together with the costs and disbursements of this proceeding. PLEASE TAKE. FURTHER NOTICE, - that answering papers and supporting affidavits, if any, shall be served at least five .(5) days before the aforesaid date of hearing, pursuant to CPLR Section 7804 (c) . Dated: Riverhead, New -York April 15, 1988 TWOMEY, LATHAM, SHEA & KELLEY Attorneys for Petitioners 33 West Second Street PO Box 398 Riverhead, NY 11901 (516)727-2180 TO: BOARD OF APPEALS Gerard P. Goehringer, et al. Town Hall Main Road Southold, New York 11971 2 SUPREME COURT OF. THE STATE OF 'NEW YORK COUNTY OF SUFFOLK -- ------------------- --------------x HENRY WEISMANN 'and FRANK FLYNN, Petitioners,:. For a judgment pursuant to VERIFIED PETITION - Article 78 of the Civil .Practice Law and Rules -against- Index No. 88-62g1 :. GERARD P. GOEHRINGER, Chairman, CHARLES GRIGONIS, Jr. , SERGE. DOYEN, Jr-. , ROBERT J. DOUGLASS, .,and JOSEPH H. SAWICKI, Constituting the Board of Appeals of -the Town of Southold.' Respondents. --------------------------------------x' TO THE SUPREME COURT OF THE STATE OF NEW YORK The petition of Henry Weismann .and Frank Flynn respectfully , shows: 1. This proceeding is brought .by petitioners to review, annul and . set aside the determination interpretating the. Southold Town Zoning Code issued on March 15, 1988, (a copy of which is annexed hereto as Exhibit "A") by the Southold Town Board of Appeals, (hereinafter sometimes referred to 'as "ZBA") to Peconic Associates, Inc. on behalf of Young's Marina (hereinafter referred to as "the Applicant") . 2. The petitioners submit that respondents were arbitrary, capricious, abused their discretion, and committed numerous errors of law in making the subject interpretation. In particular, respondents violated Town Law Section 267, Southold 1 Town Code Article XII, Southold Town Code Sections 100-80(9) and 100-81 and .Town Law Section 280-a. 3. The interpretation issued by respondents permits. applicant to expand an existing marina from 1,600 linear feet of dockage to over 3,200 linear feet . of dockage without a special . exceptions permit. The new facility is to include four main docks, 69 finger piers and will require the dredging of approximately 2,900 cubic yards , material. Although applicant contends that this enlargement will expand the marina's capacity from 95 slips to 138 , given the historical boat - size, accommodated at the marina, the expansion would result in accommodations for over 180 boats which constitutes approximately a 100% expansion of .the existing use. THE PARTIES 4 . The petitioners, Henry Weismann and Frank Flynn each reside in the Town of Southold immediately across Sage Cove from the property which is the subject of the challenged permit. They are residents and taxpayers of the Town of Southold. Their respective properties are separated from the Young's Marina property by approximately 250 feet of underwater land. . They will be severely impacted to their detriment by the illegal expansion of the subject marina. The increased pollution of Sage Cove, increased boat traffic with its increased noise and fumes and the destruction of wildlife habitat will adversely affect petitioners' ability to use and enjoy their residences. Furthermore, because the violations of law committed by the 2 ' 31 respondents' 'in. approving., the subject interpretation constitute violations of .due process, petitioners' constitutional rights have been abrogated. 5. Respondents Gerard P. Goehringer., Chairman, Charles Grigonis, Jr. Serge Doyen, Jr.. Robert J. Douglass and Joseph- H. Sawicki, constituting the Board of Appeals of the Town of Southold are the appointed decision makers authorized by .Southold Town Code Article -XII and Town .Law Section 267 to review appeals from determinations of the building inspector of the Town -of . Southold. THE FACTS 6. The parcel which is the subject of this proceeding consists of approximately 12.4 acres with four . acres - of underwater land and 8:4 acres of upland. Currently located on . site is a marina with 95 boat slips, several buildings, 4 tennis courts and a swimming pool. 7. Premises are designated on the Suffolk _County Tax ,Map as Lot 1000-57-01-38.3 . A copy of the relevant portions of the Suffolk County 'Tax Map with the upland portion of the parcel cross hatched is annexed hereto as Exhibit"B" . 8. The parcel has no frontage on a public road. -It gains its only access via a 1,740 .plus-foot-long, 16-foot-wide right- of-way known as Sage Boulevard, to New York State Route 25. The parcel is located in the Town of Southold west of the Incorporated Village of Greenport. 3 9. On or about December 10, 1987, the applicant applied to the Building Department of the Town. of Southold for a building permit to expand the existing marina as described above. 10. By Notice of Disapproval dated December 10, 1987, a copy of which is annexed hereto as Exhibit "C" the building inspector of the Town of Southold rejected the application on the following grounds: Article VIII Section 100-80(9) expansion _of a business marina requires action by Zoning Board of Appeals to expand or originate required special exception. 11. On .that. same date,. applicants then proceeded 'to apply to the ZBA for a special exception. A copy of that application is annexed hereto as Exhibit "D". 12. By notice dated December 9, 1987, the day before the application was filed, . the applicants gave notice to adjacent property owners that it was their intention to request a special exception from the Zoning Board- of Appeals. However, the notice did not set forth the date for the public hearing in the matter. At paragraph number 7 of said notice, it states: 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. 13 . On or about March 15, 1988, without giving notice of a public hearing or, upon information and belief, without holding a public hearing as required by law, respondents issued an 4 interpretation (Exhibit "A") determining that. no special. exception was necessary, reversing the prior determination of the building inspector (Exhibit "C") and in essence granting the , relief requested by the applicants. AS AND FOR A FIRST CLAIM FOR RELIEF RESPONDENTS' DETERMINATION OF MARCH 15, 1988, ISSUED WITHOUT PUBLIC HEARING OR NOTICE .TO. THE PUBLIC WAS IN VIOLATION OF TOWN LAW SECTION 267 AND SOUTHOLD TOWN CODE ARTICLE XII. 14. Town Law Section 267 governs the appointment and powers of a town's zoning board of appeals. Article XII of the Zoning Code of the Town of Southold, a copy of which is annexed hereto as Exhibit "F", , also governs the powers and duties of the Board of Appeals within thetTown of Southold. 15. In delineating the powers of the ZBA, Town Law Section 267 (2) states in pertinent part: Such Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this article: It shall also hear and decide all matters referred to it or upon which it is required to pass under any such ordinance. The .concurring . vote of a majority of the members of the Board shall . be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such. ordinance. or to affect any variation in such ordinance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town. 5 16. Town Law Section 267 (5) states in pertinent part: The Board of Appeals .shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall, . at -least five days before such hearing, mail notices thereof .to the parties and to the regional state park commission having jurisdiction over any state park or parkway within 500 -feet of the property affected by such appeal, it shall decide-the same within 60 days after the final hearing. 17. On the instant application no public hearing was noticed in any newspaper, nor was a public hearing held on the application. 18. Instead, respondents, without notice to the public or allowing the public an opportunity to be heard, issued a determination (Exhibit "A") interpretating the Zoning Code of the Town of Southold so as to overrule the prior determination of the building inspector (Exhibit "C") and to grant the relief sought by the applicant. 19. The essential language contained in the determination of March 15, 1988, is as follows: After considering the circumstances of the pre-existing and conforming status of the subject premises and after considerable discussions with the Town Attorney's office, this letter will confirm that it is the position of this Board that your project for. the . elongation of existing boat slips/docks does not require approval from this Board. It is, our interpretation that. consideration by the Board of Appeals would be necessary for projects involving non- conforming uses, newly created uses, or new. buildings in this "C-Light Industrial" Zone District. _ 20. Notwithstanding the fact that the interpretation was substantively incorrect as a matter of law (See the Second Claim 6 al '� for Relief stated_. herein) , said interpretation violated lawful procedure .and deprived. petitioners .of their due process rights - to appear on this matter and present . evidence .in opposition to the application.. 21. the ZBA had before it only an application for a special exception. If it. had properly noticed and held ,a public hearing, it. . would have had jurisdiction to act upon the application. However, 'the Board unilaterally and without, public notice converted the application to one for an interpretation. The application as converted by respondents' was. not publically advertised and the project's abutting property owners were not . notified of this entirely different application. The Board unilaterally granted an interpretation even though it had no application for an interpretation and, thus, no jurisdiction. 22. ` This surreptitious and illegal action on behalf of respondents is not atypical on the subject application. 23. Variations of this application have been before the Town Board, the Planning Board and the Town Trustees as well as the Board of Appeals. In its original form the application was for the expansion of the existing marina. and. construction of a 82-unit motel, 125-seat restaurant and a boatyard on the premises. Petitioners herein have appeared as parties in interest in all of the administrative proceedings held on this before the Town Board and the Trustees and, in fact, have sued the Town Trustees to reverse their determination in this matter. That proceeding is before this Court and is entitled Henry 7 Weismann and Frank. Flvnn v. John M. Bredemeyer, III, et al. Index #88-4911. It challenges 'inter alia, the Trustee's_. power to grant permission to dredge and expand the marina without proper compliance with the State Environmental Quality Review Act. 24. The petitioners, knowing that the subject application was submitted to the ZBA have been checking periodically with the secretary of that office . to determine when a hearing would be held.. Attorney for petitioners has done likewise and was advised that no hearing was scheduled and that the matter would be published once a hearing was scheduled. 25. To _petitioners' surprise and dismay, upon a periodic check of Town files while monitoring the application before the Planning Board they discovered that the determination of interpretation dated March 15, 1988, had been filed without even a copy going to petitioners or their attorney or other interested ' parties or the abutting owners. 26. Petitioners would not be so presumptuous as to ask the Court to require the respondents to give them the same special and preferential treatment accorded applicants. They ask only that the Court enforce their legal rights to a public hearing and the administration of proper procedure with respect to applicant's request for a special exception. 27. By virtue of respondents' blatant violations of Town Law Section 267 and Southold Town Code Article XII, the determination of the Board of Appeals dated March 15, 1988, should be reversed, annulled and set aside. 8 AS AND FOR A SECOND CLAIM FOR RELIEF THE SUBJECT INTERPRETATION BY THE ZONING BOARD OF APPEALS WAS . AFFECTED BY AN ERROR OF LAW. 28. Petitioners. .repeat and reallege each and every allegation contained in paragraphs 1 through 27 above as if more fully set forth herein. 29. Pursuant to the common law of zoning in the State of New York where a _ special permit or special exception is required for a particular use under the Town's zoning ordinance, a special permit or special exception is required to expand such a use. 30. Pursuant to Article VIII of the Zoning Code of the .Town of Southold, Section 100-80(B) (9) "marinas for the docking and mooring of all types of boats" is a use which requires a special exception from the Zoning Board of Appeals to be conducted in the C-Light Industrial Zone. The subject premises are located in the C-Light Industrial Zone. A copy of Section 100-80 is annexed hereto as Exhibit "G". 31. Furthermore, Southold Town Code Section 100-141 states: No building in any district shall be erected, reconstructed, restored or structurally altered without a building permit duly issued upon application to the building inspector. No building permit shall be issued unless the proposed construction is in full conformity with all the provisions of this chapter and the provisions of all other applicable laws, ordinances, rules and regulations. (Emphasis added. ) 32. Upon information and belief no special permit has ever been granted for the use of the marina on the subject premises and no building permit for further construction can be issued 9 without one. 33. Furthermore, even assuming, arguendo, that the marina use on the premises pre-exists the requirement of a special exception, a .special: exception permit must be granted by the ZBA in order to expand such' a use. 34. Respondents declination of _jurisdiction was, thus, effected by an error of law, the application requires the issuance of a special exception, and the determination of the ZBA to the contrary should be reversed, annulled and set aside. AS AND FOR A THIRD CLAIM FOR RELIEF RE SPONDENTS' INTERPRETATION WAS IN VIOLATION OF TOWN CODE SECTION 100-118 (E) . 35. Petitioners repeat and reallege each and every allegation contained in paragraphs 1 through 34 above as if more fully set forth herein. 36. For the reasons set forth in the statement of pertinent facts annexed hereto as Exhibit "H", the current use of the subject premises as a . marina is at least, in part, a non- conforming use pursuant to the Zoning Code. The current site represents an accumulation of various parcels of land acquired by the applicants over a period of years; some of which were acquired subsequent to the requirement of a special permit but all of which are utilized for the special exception use of a marina. 37. Pursuant to Section 100-118 (E) of the Southold Town Code: 10 A non-conforming building may._ not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty (501) Percent of the fair value of the .building, unless the use of such building has changed' to a conforming use. . 38. Upon information and belief, the proposed expansion of the marina will' far exceed the fifty percent limitation contained ' in the above section. ,Without even considering costs, it . will result in a 102% increase in -linear feet of dockage from 1,600 +/- linear feet to 3,242 +/- linear feet. 39. Accordingly, ' the interpretation. of respondents should be reversed, annulled and set aside. AS AND FOR A FOURTH CLAIM FOR RELIEF THE RESPONDENTS' INTERPRETATION WAS EFFECTED BY AN ERROR OF LAW IN THAT A .VARIANCE IS REQUIRED FOR THE PROJECT TO BE CONSTRUCTED AND NO VARIANCE WAS REQUIRED OF THE APPLICANT. 40. Petitioners repeat and reallege each and . every allegation contained in paragraphs 1 through 39 above as if more fully set forth herein. 41. The plans submitted by the applicants for the expansion of the marina allows piers and docks to extend to the property line in one instance and within 15 feet of the property line in another instance. A copy of the full plans is contained within the Board of. Appeals record to be produced in the return on this matter. 42 . However, because the property is located in the C-Light Industrial Zone, the minimum required side yard is 30-feet and the minimum rear yard is 50 feet. See the bulk and parking 11 schedule from the Southold Town Zoning Code annexed hereto as Exhibit "I" incorporated into Article VIII by reference in. Section 100-81 of the Town Code. 43. The location of the docks within 50 feet of the rear lot line and within 30 feet of the side lot line violates the express .provisions of the Southold Zoning Ordinance and, accordingly, the respondents could not decline jurisdiction of the matter where a variance was required to obtain a building permit. 44 . The determination of the respondents declining jurisdiction should be reversed, annulled and set aside. AS AND FOR A FIFTH CLAIM FOR RELIEF THE DETERMINATION MADE BY THE RESPONDENTS WAS IN VIOLATION OF SECTION 280-a OF TOWN LAW. 45. Petitioners repeat and reallege each and every allegation contained in paragraphs 1 through 44 above as if more fully set forth herein. 46. Town Law Section 280-a states in pertinent part as follows: (1) No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure has been duly placed on the official map or plan, or if there be no official map or plan, unless such street or highway is (a) an existing state, county or town highway or (b) a street shown upon a plat approved by the Planning Board as provided in Sections. Two Hundred Seventy Six and Two Hundred Seventy Seven of this article, as in effect at the time such plat was approved, or (c) a street on a plat duly filed and recorded in the office of the county clerk or register prior to the appointment of such Planning Board and the grant of such Board of the power to approve plats. 12 4, t 47. Although the respondents -determined that Board of Appeals action . was not required on the application, the marina does not have any frontage on a public road or highway or on a road on an improved plat. 48. In fact, the only access to the subject property is by. a 16-foot-wide right-of-way over 1,740 feet in length which gives access to the property out. to New York State Route 25. 49. Respondents' declining of jurisdiction and, approval of the subject project was in direct violation of Town Law Section 280-a. Accordingly, the permit should be reversed, annulled and set aside. WHEREFORE , it is respectfully submitted that the determination of the Zoning Board of Appeals dated March 15, 1988, interpretating the Code of the Town of Southold as not requiring a special exception for the expansion of the subject marina be in all respects reversed, annulled and set aside and that this application be remanded to the Board of Appeals and that the Court grant such other and further relief as to it may seem just and proper together with the costs and disbursements of this proceeding. TWOMEY, LATHAM, SHEA & KELLEY Attorneys for Petitioners 33 West Second Street PO Box 398 Riverhead, NY 11901 (516) 727-2180 TO: BOARD OF APPEALS Gerard P. Goehringer, et al. Town Hall Main Road Southold, New York 13 SUPREME COURT OF THE STATE OF. NEW YORK COUNTY OF .SUFFOLK --------------------------------------x HENRY WEISMANN and FRANK FLYNN, Petitioners, For a judgment pursuant to VERIFICATION Article 78 of the Civil Practice Law and Rules -against- Index N0.88-6291 GERARD P GOEHRINGER, Chairman, CHARLES GRIGONIS, Jr. 'SERGE DOYEN, JR. , ROBERT J. DOUGLASS, and JOSEPH H. SAWICKI, Constituting the Board of Appeals of the Town of Southold, Respondents.. ---------------------------------- ---x STATE OF NEW YORK) ss: ) COUNTY OF SUFFOLK) FRANK FLYNN being sworn deposes and states as follows: 1. ' I . am one of the petitioners in the within proceeding. 12. I have read the foregoing Verified Petition and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. FRANK FLYNN Air Sworn to before this 14th day of April, 1988. ASNm TE OF KW YM 71 �UfW�KCOI}N IMI�IOl�l ElfPiRE&AUGUST 18.1� . . � • .... Southold Town B6-ard�: of Appeah 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. ROBERT I DOUGLASS JOSEPH H. SAWICKI March 15 1988 Mr. Merlon Wiggin., President Peconic Associates , Inc. One Bootleg Alley Greenport , NY 11944 Re : Appl . No . 3700SE - Howard Zehner. (Youngs Marina) Dear Mr. Wiggins ` After considering the circumstances - of the preexisting and conforming status of the subject premises and after considerable discussions with the Town Attorney ' s Office , this letter will confirm that it i.s the position of this Board that your project for the elongation of existing boat slips/docks does not require approval from this Board . It is our interpretation that consideration by the Board of Appeals would be necessary for projects involving nonconforming uses , newly-created uses , or new buildings , in this "C-Light Industrial " .Zone District. Copies of this - interpretation are being furnished to all other departments having jurisdiction in this project for their records . Please feel free to call if you have any questions. Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN cc : Planning Board Office Building Department Offices James A. Schondebare , Town Attorney Robert H. Berntsson , Assistant Town Attorney Town Trustees Office E 7 tccl II kAicl 13 )A Ill i PIPES , 7 z 10.irk) A(C) 10 2 13.1 1sj , I 19 - _z:., 2 5At'-1 15.1 (bo*) rjAcj C , 4. L" 7 C3 TV mow:M - 14.1 It 4" 7 OAW r OF SOUTHOLD • ot'uqs'�D E :J PIPES 1.3Atc) .6 44.1 IF IF IT 41, fV cc 4 4.2 43.5 A(G) 12.5 io L'Al2c) 12.4 11.5A(C I • Q. (UNDu LT"UND) I IT" J L 3 • 3 $00) :1; -AKEL 12 2 5Er SEC wo. C53-05.0'. '41 E LIN[ CBA 1G.1 13 Q n v .. 4 n ' 4 ' N Ll Z SEE SEC NO 1!3 _ N qb .yam `/ `-•/.. ♦ �,•f'iDD t - � t ,o+n - • ol$ \6' •' Y��NT(4GyC! •11 C Sa-1W . - �Jf _ - `�✓r lV `~ UkLES5 OP♦M4 OIPCP V�.', •Ll DP4H,�•Ct - i uc wrlq" r.l fo.Lu•„c ot—cls- , 111 ♦0 —--� - - ' ♦ c "4� LA. ISLAND e L FOR P&PtCEL Rb.;»... + ♦ SEE SEC NO.053 39.f lrD 'a,♦ 'r � Its - .06-046.121 0. �i\ \�_ • � (,\- ` \ :l:f 'SEC 4D :iJ c 3 5 FZ:r, OA�EL k0- AD 5jr SFC%0. C!,3-05-C4; A. rol zo. 12 14.1 'Aa 191 - i A H!.<w[L C o ACor.,F tpL opt. 4.j �.q. t '• n n .•�'/ �° •,-IP 44 '14 50 ,sd 16 Soul -Tf UNLESS DRAV% 0 HEAW�SE ALL •ADIE.71ES IT T CIS'AICTS ARE W HE PULLOW%%� .01-cc A Z HOOL SfWt4— .1NIE4ANCE. ALTIGA1,0%. SALT 0. N 3.1.60 f lA[ k1ox A kT--- OISIA tYTIOv 01 ... IOvi.pk.0, 4 WATER.— 5q su FOLK cc�lv 744 VIP -o- LICHT If..—WT IF I AEI USF�—_— j.L —wt— Legend P.—H,1 1,1 L— H,4--1 0-li—I L-- H. 24 •ICMAEL OA I.E Jr.. . LL� U." __C--—0— 6i C— S" Le L— vTdl."L— 0--1,"L—F -L S-j. V-- 1-16 L.— 0.—L (21) Ssl D.. _SrKl 6 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the`Petition of e� Howard & Dorothy Zehner of NOTICE y Marina TO to the oA of A l f the Town of Southold ADJACENT TO: 1 ) Joseph & Marie Knizak 2) William F. Kil(ian PROPERTY OWNER 5 Perigee Drive Sage Blvd. 3) Southold Shores Assoc., Inc. P.O. Box 263 Stony Brook, N.Y. 11790 P.O. Box 186 Southold, N.Y. 11971 Greenport, N.Y. U944 U. 4) Harborview Realty (Frank Barker) YOU ARE HEREBY GIVEN NOTICE: 300 Rabro Drive �._ Hauppague, N.Y. 11788 ~ 1. That it is the intention of the undersigned to petition.the Board of Appeals of the Town of Southold to request a ( - ecial Exce tion ( (Other) [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: Young ' s Boatyard and Marina 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: Present use i s a marina and application for special exception is for modification of marina layout to increase it ' s usability to 138 slips from its present 95 slips . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII section 10 0-8 0 , subsection , B- ( 9 ) [ ] 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) 7F;5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the'date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of,such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: cccc-c . g11 /1? 7 +�..� Petitioner Cq 0 w n e r s ' N a m e s :{sward & Dorothy Zehner Post Office Address 1670 Sage Blvd. , P.O. Box 250 Greenport, .N.Y. 11944 r (516) 477-0830 PROOF OF MAILING OF NOTICE m ATTACH CERTIFIED MAIL RECEIPTS I P-622 678 493, P=622 678 491 ' P-622-' 67.8 .49U-, .sue..I_'t.17 _..I �..-..�.:Y'rL,.— ,... ,.__ .,r_r._. - _ i l��.l..� 'a. ... .��._._.. ..,'.� .:::�:f:7 .ri'� .Ll: • / NO INSUPANCE COVERAGE PROVIDED NO INSURA!CE COVFiV,GE FFDV!DE_D NO INSURANCE COVF AGE PROVIDED ._ ✓ ,Gr FOR If.'T SRP!P,TIOVAL MAIL NOT FOR I I!TERiIATIG'AL!o-GIL NOT FOP,INTERNATIO,dAL A4AIL ° (See F7ev�:,sse) (See Reverse) (Sec=Reverse) Y co _Sento,o ni � S /t�./-Ar G kn/Z kbu,v; ? , a -- __a- Lo �—'J ----- - Street and D J' 10 ; Street and No. / Lo Str 'a d No P O. ;'tate and ZIP Code V 1 P C.,State anti ZIP Code rb O: P Su le and ZIP CDde 1VV' _1_z 0 6 _t-�°w -��v�e Postage 15 i Postage S f 1 Puslage g Certified Fee i Certified Fee I Certified free Special Dellv-ly Fee i i !Special Delivery Fe I .erg '�a' i Spcnal Del very Foe ---- I Restricted Delivery Fee ( Restricted Delivery Fee ( FRest Icied Delivery Fee Return R:cei t showpig Return Recenpt ho4V�s R lu n Rcc Ipt ho,nng eF to horn and Date D liverad to efhom ,rid D'tnow nlq to w�.ml, R `nrivered to orn1 nc* aJo^ n �- ---- ---I i Dui .and Acdress of Delivery R aturn Receipt ern Ir�YC showln [o whom I - Date,and Ad dress of ?ehve! Date sno drK"s of t iN,6 r I M i TOT 4L Pc)siage and f- es ;S f i TGTAL"cs4ae �+ �� ( i -I OT;tL Postage an s I i f? !, I Postmark or Daie, s,c._- DateILL , V) _ M . - I I ! , �J L13 N I ll �- y- ..CL_ e� r n r7 Cl. IN ?• Q) n3A C�'I'�^ ni I A ru cu ro STATE OF NEW YORK j I u� COUNTY OFSUFFOLK Sd MERLON E. WIGGIN residing at GREENPORT, NEW YORK being duly sworn, deposes and says that on the 9th day of D E C EM B E R , 19 87 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at G R E E N P 0 R T, N E W Y 0 R K ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this y day of„ DFC- , 19 _ "_/� /) /l /1 /l /l !1 f� Notary Public ME .1-i1:9 L" PELLETIM,, V40TAP.Y PUBLIC, State of Now VW& N o. 4824987 Qualified in Suffolk County Commission Expires April 30, 19 (This side does not have to be completed on form transmitted to adjoining property owners.,-- ) 1 H : --�Co' ies to the following: Town Board- Building Department p Town.Attorneys Board of Appeals i� Trustees Conservation Advisory Council Planning Board 1 FORM OF NOTICE OF PETITION PURSUANT TO THE PROVISIONS OF SECTION 3, SUBDIVISION 2 OF THE PUBLIC LANDS LAW. 'RECEIVED STATE OF NEW YORK EXECUTIVE DEPARTMENT 9 P_ j� 9 OFFICE OF GENERAL SERVICES � � 5on.. !^�nrlN In the Matter of the Petition of HOWARD H... ZEH_IIER and DOROTHY ZEHNER NOTICE for a grant of easement in lands under the waters of (lbwn) )x of Southold County of Suffolk TO: JUDITH TERRY You are hereby notified that it is the intention of the undersigned to apply on the llth day of September, ,1989 , to the Commissioner of General Services, Albany, New York, for a grant of easement, pursuant to the provisions of Section 3, Subdivi- sion 2, of the Public Lands Law in under water land of the State of New York, described as follows (insert brief description of proposed easement area including dimensions and use): See Schedule B - use as jetty and channel If you believe yourself to be adversely affected by reason of such grant of easement to the undersigned, you should, on or before the above date, file with the Commissioner of General Services, Albany, New York, a remonstrance stating your objections and your reasons for op- posing the granting of such easement. The adjacent upland of the undersigned is located at: Sage Creek, Southold, NY Dated: June 28, 1989 Petitioners Howard H. Zehner_ & Dorothy Zehn( Post Office Address: POB 250, Greenport NY 1194 — Municipality Southold Town (1b be served upon Mayor, Supervisor, Clerk or Corporation Counsel, as required) RPPU 714(12/87)PAGE 4 of 9 SCHEDULE B r (r THIS INDENTURE, made this I � day of May, . 1964 , in the year _ One Thousand Nine Hundred Sixty-four, between THE PEOPLE OF THE STATE OF NEW YORK, acting by the Deputy Commissioner of General Services in the Executive Department , parties of the first part, and FRED W. YOUNG, residing at Arshamomoque , Town of Southold, Suffolk County, New York, party of the second part , WITNESSETIi,, that the parties of the first part, pursuant to subdivisions 2 and 5 of Section 3 of the Public Lands Law, and Findings of the Deputy Commissioner of General Services dated May 5 , 1964, and in consideration of the sum of Three Hundred Fifteen Dollars ($315.00) , lawful money of the United States of America, paid by the party of the second part , do hereby give and grant unto the party of the second part , his successors and assigns , the right , privilege and easement to be exercised over and across the lands under water hereinafter described, for the purpose of constructing and maintaining a jetty on Parcel A hereinafter described and a channel on Parcel B hereinafter described, to wit: All those parcels of land, now or formerly under the waters of Southold Bay, at Arshamomoque , Town of Southold , County of Suffolk and State of New York, bounded and described as follows: PARCEL A Beginning at a point on the present high water line of Southold Bay, said point being south seventy-eight degrees , forty-five minutes east , forty-six feed: from a concrete monument on the division line between the property of Harold andFred Reese and the property of Fred W. Young; thence into the waters of Southold Bay the following bearings and distances : sough fifty- one degrees , thirty minutes east, one hundred fifteen feet; south thirty-eight degrees , thirty minutes west , thirty-four feet; and north fifty-one degrees , thirty minutes west , one hundred twenty-one feet to the pre sent• high water line of Southo] C ; lrn^ said hid '.: : , line, northforty-eight degrees, thirty minutes east, thirty-four and fifty-three hundredths feet to the point of beginning, containing four thousand twelve square feet, more or less . PARCEL B Beginning at a point on the present high water line of Southold Bay, said point being south seventy-eight degrees, for minutes east, forty-six feet from a concrete monument on the division line between the property of Harold and Fred Reese and the property of Fred W. young; thence along the present high water line of Southold Bay, north forty-two degrees, fifty-four minutes east, sixty-five and two tenths feet; thence into the waters of Southold Bay the following bearings and distances : south fifty-one degrees, thirty minutes east, one hundred seventy feet; south thirty-eight degrees, thirty minutes west; sixty-five feet; and north fifty-one degrees, thirty minutes west, one hundre seventy-five feet to the point of beginning; containing eleven thousand, two hundred twelve square feet, more or less . All bearings refer to the True Meridian. This grant of easement is made and. accepted subject to the following covenants, conditions and restrictio:lv, : 1. At the termination of the easement hereby granted , the grantee., for himself and his successors in Interest hereunder, agrem, at his own expense, and at no expense to the . State , to remove at once the jetty from the land to be hereby affected and leave said land in as nearly the same condition as possible as it. was prior to the construction hereby authorized . 2. The easement h2:cby granted is granted only with respec to the Jetty described in the application and shown on the map or plan ti:hich accompanies the application. if the construction shall not have been begun within the year from the date hereof, or the proposed Jetty shall not have been maintained and used for a period of one year., the easement shall cease and determine without action to such effect being taken by the State, and all the rights of the grantee and his successors hereunder shall then terminate and , furthermore, in such event, the provisions for removal above set forth shall 'apply in the same manner and effect as so set forth. 4 ° 3. The grantee and his successors hereunder agree that they shall be liable for and shall pay all damages that may occur or arise to the State and shall save the State harmless from all claims or damages , in consequence of the construction, maintenance , use or removal of the said , jetty or by reason of any work done or authorized by or under this grant of easement and at their expense will defend all suits brought on account thereof . 4. Any additions or accumulations to upland property below the original high water line of Southold Bay, as a result of the erection of the jetty proposed herein, shall be and will remain the property of the State of New York and shall be considered for all purposes as land under water. S. The channel to be dredged on Parcel B shall be no greater than a depth of six feet below the mean low water line. On Parcel A the dredged material will be deposited in the barge a;Ld any excess will be placed on the upland and suitably retained thereon to pre- vent its return to the waterway. 6. The easement hereby granted shall not be assigned or transferred without the consent of the Office of General Services. 7. The duration of this easement shall be for a period of twenty-five years from the date hereof , if the easement is not sooner terminated as hereinbefore provided. IN WITNESS WHEREOF, the parties of the first part have caused these presents to be executed by their said Deputy Commis- sioner of General Services , the day and year first above written. TILE PEOPLE OF THE STATE OF NEW YOM By: Robert D. Stone Deputy Commissioner of General Services r 11 loor STATE OF NEW YORK ) SS COUNTY OF ALBANY ) On- this 19th day of May 19 64 , before me the subscriber personally came Robert D. Stone , to me known and known to me to be the Deputy Commissioner of General Services of the Office of General Services in the Executive Department of the State of New York, and known to me to be the same person described in and who executed the foregoing instrument, and he duly ac- knowledged to me that he executed the same as such Deputy Commissioner of General Services, for and on be- half of the said Office of General Services as the act and deed of The People of the State of New York pursuant to the Statutes and Order recited in the said instrument. Approved this day Approved as to form this of , 1964. day of 19 64 . ARTHUR LEVITT State Comptroller LOUIS J . LEFKOh'ITZ . Attorney General 4•-- .. B By ie Z�z Assistant Attorney General . r Y Form SRP - 12 (3/62) degrees, thirty minutes east, thirty-four and fifty-three hundredths feet to the point of beginning, containing four thousand twelve square feet, more or less . PARCEL B Beginning -at ,a- point•f i`i the present high water line of Southold. Bay, said point being south seventy-eight degrees, forty-five minutes east, forty-six feet from a concrete monument on the division line between the property of Harold and Fred Reese and the property of Fred W. Young; thence along the present high water line of Southold Bay, north forty-two degrees, fifty-four minutes east, sixty-five and two tenths feet; thence into the waters of Southold Bay the following bearings and distances : south fifty-one degrees, thirty minutes east, one hundred seventy feet; south thirty-eight degrees, thirty minutes west; sixty-five feet; and north fifty-one degrees, thirty minutes west, one hundre( seventy-five feet to the point of beginning; containing eleven thousand, two hundred twelve square feet, wore or less . All bearings refer to the 'Prue Meridian. • •b+ 197( �U?� cZ Arl �0: ( 2 d� S? .;CL11 f cm CONSENT TO ASSIGNMENT ' ' J THE PEOPLE OF THE STATE OF NEW YORK - � TO HOWARD H. ZEHNER Recorded in the Department of State in Volume 19 of Miscellaneous Deeds and Title Papers at page 430 on June 15, 1971. JOHN P. LOIMENZ0 - Secretary of State B • s Miscellaneous Records Mrs. Sara Horner, Principal Clerk 2. a 67R rd-and Return to: ROBERT. W. TASKER .1 _ -�..•r"w•.• .lw..• •� _ l fir• 4' - _... - -\• 425 Main Street Greenport, New York 11944.: i:• ter,•. - __ � •C`. ,, :) *• • ••r' _ •ter .�.;« Y - .Z f •T f x .4 `C M' !r -1 IV - t . +5�► rw ., }_ .4 •..,t• 4' 'c• AA •rift! - cv,. y :;_ .�fi\r.•• Ll - ./- i .tr. WD-G954 rbcE 37 STATE OF NEW YORK EXECUTIVE DEPARTMENT ` OFFICE OF GENERAL SERVICES j In the Matter of the Application of HOWARD H. ZEHNER : O R D E R for a consent to the assignment of an easement dated May 19, 1964 granted to Fred W. Young in lands under the waters : of Southold Bay at Arshamomoque, Town I of Southold, Suffolk County. ; 1 w-wwwwwwwww-...ww-wX tr An application has been made by Howard I.I. Zehner for a con- sent of the Commissioner of General Services to the assignment to him of an easement granted by the People of the State of New York to Fred W. Young in lands under the waters of Southold Bay at Arshamomoque in ttlasnwn_of_.southold, County of Suffolk. The grant--of easement is dated May 19, 1964 and was recorded in the %office of the Department of State in Volume 15 of Miscellaneous Deeds and Title Papers at page 78 on June 19, 1964. The easement ` is for a period of twenty-five years and was granted .for the pur- pose of permitting the construction and maintenance of a jetty on Parcel A. and the dredging of a channel in Parcel B. described in a grant of easement. The application was made by letter dated October 193 1970 and approved by the original grantee, Fred W. Young. A photocopy of a deed, dated October 5, 1970, made by Fred W. Young to the applicant, has been submitted, which shows the conveyance to the applicant of the upland parcel including the easement. This deed was recorded in the Suffolk County Clerk's Office on October 21, 1 1970 in Liber 6826 of Deeds at page 427. The aforesaid grant of easement provides that it shall not be assigned or transferred without the consent of the Commissioner // of General Services. hi /� .� ; LiBEr.6954IACE 38 The Attorney General has filed his Report, dated January 22, 1971, advising that the Commissioner of General Services may consent to the assignment subject to such terms and conditions as he may determine. Now, therefore, it is ORDERED that the ,Commissioner of General Services does hereby consent to the assignment to Howard H. Zehner of an ease- ment granted to Fred W. Young, by grant dated May 19, 1964 and recorded in the Office of the Secretary of State, June 19, 1964 in Volume 15 of Miscellaneous Deeds and Title Papers at page 78, and be it further ORDERED that such consent shall become effective upon the execution of an acceptance of the terms , -obligations and cove- nants of the original grant of Easement to Fred W. Young. Dated; June /G%, 1971 J Waleer C, Shaw Deputy Commissioner of General Services LIBEF.6954 PACE 39 ' STATE OF NEW YORK ) SS COUNTY OF ALBANY ) Z� l On this /v day of C� � , 1971 , before me the subscriber personally came Walter CO Shawto me known and known to me to be the Deputy Commissioner of General Services of the Office of General Services in the Executive Department of the State of New York, and known to me to be the same person described in and i who executed the foregoing instrument, and he duly acknowledged to me that he executed the same as such Deputy Commissioner of General Services , for an on behalf of The People of the State of New York pursuant to the Statutes and Findings recited in the said instrument. t Charles 11. Jennings Notary Public 1966125 State of New York Qualified in Seneca County CoIninission Expires March 30, 1973 LIBER 6954 rAGE 40 ACCEPTANCE For and in consideration of the consent of the Commissioner of General Services to the assignment to the undersigned of the Easement, for the purpose' of' permitting tY�o'construction and maintenance of a jetty on Parcel A: and the dredging of a channel in Parcel D. granted to Fred W. Young by grant dated May 192 1964, recorded in the Office of the Secretary of State on June 19, 1964 in Volume 15 of MiacellancOus Deeds and Title Papers at page 78, the'undersigned does hereby agree for himself, his heirs said assigns to abide by and perform all the covenants, conditions, terms and provisions contained therein and does hereby -assume all the obligations: thereunder. STATE OF MW YORE COU= OF SUFFOLK j BS On this 23rd daffy of February , 1971, personally appeared before as H+OWARD H. ZE MR, known to me, and to me known to be the person described in and who executed the foregoing instru- ment and acknowledged that he executed the same. CGS Cr'� el �l , o c Q o ew or MAR-GARi r A. C•'I:'Cr NOTARY PUBLIC. SI:;:o of Ilori York Su{folk C:-u:,ly No. ,2-1776895 Term Expire: March 30, 1972 . f Y FOR Mwc�� ... ; •., '� [— . .1 - SEE SEC kO.C`] '�'+- s - 06-046.1 12 u =�i N �O _b• S� f 26 ,•� g 3T.1 ., 4 =`q, 20.1'(d .ir N Vi \ SEE StC w0 IaS P • N.Y.M,- '`,,. ' _ TLD TpvflOf SOU - --- .•:. ,-- --- COUNTY OF SUnFOLK vl�l1 pPlY Tox Service Agency -- '-- Real Property . U�OvaoPt, n1 CenlefCou Y YorkRiverhead. l—�.�-• - - .. • FORM NO 3 TOWN OF SOUTHOLp BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. .-: . . . . . . . . . . . . Date . 19 ?3 7 . �. . . . . . .�C. . . :.: . . . . . . :-. . .A4 ty. . !4 9. VY . PLEASE TAKE NOTICE that your application date) -w+ , a.7, , , , ,, 19 ,$ 7, for permit to construct �- - . 4-- . . , . . . , . , . . . . . at Location of Property 16 0. . . . . s�a+9 s_ . . lat . . . R� . . House No. J Street �tl�Wet County Tax Map No. 1000 Section Block . . . . CO. . . . . . . 1.ot Subdivision . . . . .. . . . . . ... .Filed Map No. .. . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . . �� is returned herewith and disapproved on the following grounds . . . . . . .�e�.�+. , , . , , . Building Inspector RV MID All TO OF SOUTHOLD., NEW YORK C APPLICATION FOR SPECIAL EXCEPTION Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I .-(We) , Peconic Associates, Inc. for Howard ZEtmr & of 1670 Sa e B vd. P•0• Box 250 Dorothy Ze,`ner of Youngs Boatyard & Marina. (Residence, House No. and Street Greenport , New York 11944 ( 516 ) 477-0030 ( 516 ) 477-0830 kHamlet, State, ZipCoe, Telephone , umer hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE V I I I . SECTION 100-80 ., -SUBSECTION B- ( 9 ) . for the below--described property for the following uses and purposes (and -as shown on. - the attached plan drawn to scale): see attached plan o, � •• crr �lIFD DEV 0 bdi gouthoid T own Clerk A. Statement of Ownership and Interest, Howard and Dorothy Zehner 1s,(a;=--) the owner's) of property known and referred to as . 1670 Sage Blvd . G een ort (House No. , Street, Hamlet Young ' s Marina identified on the Suffolk County Tax Maps as District 1000, Section 57 Block 1 Lot(s) 38 . 3 which is no ( on a subdivision Map (Filed "Map of Filed Map No. , and has been approved by the Southold Town Planning Board on A as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on October, 1970 . B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or, persons in the neighborhood for the following reasons: . Present use is a marina and application for special exception is for modification of marina layout to increase it ' s efficiency and its . usability to 138 slips from its present 95 slips C. The property which is the subject of this application is zoned C=Light industriairid [ X ] is cvniistcnr with tl;e use's) described in the Certificate of Occupancy being - furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. . COUNTY OF SUFFOLK) , STATE OF NEW YORK) ss. : �-- - ---- igna ure ; Sworn to before me this %/ /day of 19 . Pit/ GlJ V 4f% otary u rc MEN K DE WE Z B2 (rev. 2/6/86) NOTARY PU31le,StAte of New fork Na 4707878,Suffolk COW*e Term Expires Much 30,19_2_/ cl BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Howard & Dorothy Zehner of NOTICE a� q , . TO. . to the F3oatd of Appeals of the Town of Southold ADJACENT TO: 1 ) Joseph & Marie Knizak 2) Will-iam F. KiMan PROPERTY OWNER 5 Perigee Drive Sage Blvd. 3) Southold Shores Assoc., Inc. P.O. Box 263 Stony 'Brook, NY. .11790 : P.O. Box 186 Southold, N.Y. 11971 Greenport, N.Y. 11944 4) Harborview Realty (Frank Barker). YOU ARE HEREBY .GIVEN NOTICE: 300 Rabro Drive - Hauppague, N.Y. 11788 1. That it is the intention of the undersigned to petition the Board of.Appeals of the Town of Southold to request a ( cial Exce t oon ( (Other) [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: Young ' s Boatyard and Marina 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: Present use is a marina and 'application for special exception is for modification of marina layout to increase it ' s usability to 138 slips from its present 95 slips . 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article V I I I Section 1 0 0-8 0 , subsection , B- ( 9 ) [ ] 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 e ed 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. 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: Ec . gz /48 Petitioner Owners ' Names :Howard & Dorothy Zehner. Post Office Address 1670 Sage Blvd. , P.O. Box 250 Greenport, N.Y. 11944 (516) 477-0830 § 100-119.2 ZONING. § 100-121 § 100-121 ZONING § 100-121 than nne hundred(100)feet from the top of such bluff or A..Appeals. To hear and decide appeals from and review any bank. order, requirement, decision or determination made by the (2) Except as otherwise provided in Subsection A(1)hereof, Building Inspector. all.buildings located on lots.adjacent to Long Island B. Variances. Where 'there are practical difficulties or un- Sound,shall be set back not less than one hundred(100) necessary.hardships in the way of carrying out the strict . feet from the ordinary high-water mark of Long Island letter of these regulations, the Board of Appeals shall have Sound: the power to vary or modify the application of such B. All buildings located on lots adjacent to tidal water bodies regulations. so that the spirit of the chapter shall be ob- other than Long Island Sound shall be set back not less than served, public safety and welfare secured and substantial seventy-five (75) feet from the ordinary high-water mark of justice done. such tidal water body or not less than seventy-five (75) feet C.' Special exceptions, special permits and other approvals. from the landward edge of the tidal wetland, whichever is Whenever a use or the location thereof is permitted only if greater. the Board of Appeals shall approve 'thereof, the Board of C. All buildings located on lots adjacent to any freshwater body Appeals may, in a specific case and after notice and public shall be set back not less than seventy-five(75) feet from the hearing, authorize such permitted use and its location edge of such water body or not less than seventy-five(75)feet within the district in which this chapter specifies the from the landward edge of the freshwater wetland, which- permitted use may be located, subject, however, to the ever is greater. - _ following: (1) Before such approval shall be given, the Board of Appeals shall determine: § 100-119.3. Stormwater.runoff: [Added 8-11-87.by L.L..No. 13- (a) That the use will not prevent the orderly and 1987] reasonable use of adjacent properties or of Rainfall,and stormwater runoff into roads or streets,is prohibited properties in adjacent use districts. from existing or proposed residential or commercial construction. (b) That the use will not. prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to ARTICLE XII be located, or of permitted or legally established . Board of Appeals uses in adjacent use districts. § 100-120. Appointment; membership. (c) That the safety, the health, the welfare, the The Town Board shallippoint a Board of Appeals consisting,of. comfort, the convenience or the order of the town five(5)members,as provided by.the Town Law. will not be adversely affected by the proposed use and its location. §•100421. Powers and duties. (d) That the use will be in harmony with and promote the.general purposes and intent of this chapter. In addition to such powers as may be conferred upon it by law, the Board of Appeals.shall have the following powers: (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: (Cont'd on page 10055) -- 10054.1 11 -2.5- 7 10055 s-2s-33 § 100-121 SOUTHOLD CODE § 100-121- (a) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. (b) The conservation of property values and the encouragement of the most appropriate uses of land. , (c) The effect that the location of the proposed use may have upon the creation or undue increase.of vehicular traffic congestion on public streets or highways. (d) The availability of adequate and proper public or private water supply and facilities for the -n` treatment,removal or discharge of sewage, refuse (' or other effluent (whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. (e) Whether the use or the materials incidental thereto or produced thereby may give off ob-. noxious gases, odors, smoke or soot. (f) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. (g) Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recrea- tional facilities, if existing or if proposed by the town or by other competent governmental ?ff agencies. i (h) The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles in- cidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. 10056 4-25.83 § 100=123 ZONING § 100-125 § 100-121 . ZONING § 100-122 100.123. Rules of conduct and procedure. (i) Whether a hazard to life,limb or property because The Board of Appeals shall, consistent with the law, determine of fire, flood, erosion or panic may be created by its own rules of conduct and.procedure. reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon § 100-124. Fees. [Amended.2-1-83 by L.L. No. 2-1083; 11-15-83 for the convenient entry and operation of fire and by L.L.No. 13-1983; 1-8-85 by L.L.No. 1-1985; 12-2-86 other emergency apparatus, or by the undue by L L No. 16-1986] �. concentration or assemblage.of persons upon such All applications to the Board of Appeals for any relief herein shall plot. [Amended 7-31-73] be accompanied by a fee of one hundred fifty dollars($150J. (j) Whether the use or the structures to be used therefor will cause an overcrowding of land or § 100-125. Notice of hearing.[Added 5.30-75 by L.L. No. 3.19751 undue concentration of population. A. In all cases where the Board of Appeals is required to hold (k) Whether the plot.area is sufficient, appropriate a public hearing, in addition to the notice of such hearing and adequate for the use and the reasonably required by law, a written notice containing the following anticipated operation and expansion thereof. information shall be sent by the person petitioning such (1) Whether the use to be operated is unreasonably Board,or his agent,by either certified or registered mail, to near to a church,school, theater, recreational area every owner of property immediately adjacent thereto. In or other place of public assembly, the event that any petitioner owns or has any interest in _ any property immediately adjacent to the property which D.. [Added 2-1-83 by L.L. No. 2-1983] Interpretations. On -is the subject of such petition,.then written notice shall also appeal from an order, decision or determination of an -be given to the owners of the property adjacent to such administrative officer, or on request of any town officer, other property of the petitioner. For the purpose of this board or agency,to decide any of the following: section, the words "owner or"property owner" mean the (1) Determine the meaning of any provision in this owner as shown on the current assessment roll of the Town chapter or of any condition or requirement specified or of Southold. The notice required by this section shall be made under the provisions ,of this chapter. mailed by the petitioner, or his agent, within five (5) days preceding the filing of the petition in the Town Clerk's (2) Determine-the exact location of any district boundary office. Proof of mailing of such notices in the form of a shown ,on the Building Zone Map. sworn statement shall be filed with the Town Clerk at the time of filing of the petition. Such notice shall contain the ( � § 100-122. Additional conditions and safeguards. following information: (1) A statement that the petitioner proposes to apply to In deciding any matter before it, the Board of Appeals may the Board of Appeals of the Town of Southold for a impose such conditions and safeguards as it deems necessary or variance, special exception, special permit or other appropriate to preserve and protect the spirit and the objectives of specified relief, as the case may be. this chapter. (2) A description sufficient to identify the property which (Cont'd on page 10057) is the subject of the petition. 10057 12-25 8s 10056.1 *-25-93 § 100-125 SOUTHOLD CODE § 100-130 (3) The zone district classification of such property. (4) A detailed statement of the relief sought by the petitioner. (5) The provisions of the zoning law applicable to the relief sought by the petitioner. (6) A statement that within five (5) days such petition �— will be filed in the Southold Town Clerk's office, Main l Road, Southold, New York, and may then be examined during regular office hours. (7) A statement that a public hearing with respect to such petition must be held by the Board of Appeals of the Town of Southold before the relief.sought can be granted; that the person to whom the notice is ad- dressed, or his representative, has the right to appear and be heard at such hearing; and that a notice of such hearing will be published in the official town s newspaper not less than five (5) days prior to such public hearing. r - B. In lieu of complying with the provisions of this section, {. written verified waivers of notice executed by the persons entitled to receive such notice may be filed with the Town Clerk at the time of filing the petition. C. Failure to comply with the provisions of this section shall not affect the validity of any action taken by the Board of Appeals. i i ARTICLE XIII Site Plan Approval § 100-130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board, .no building permit shall be issued by the Building Inspector except upon authoriza- tion of and in conformity with the plans approved by the Planning Board. 10058 12 m25.86 § 100-80 ZONING § 100-90 §..100-80. SOUTHOLD CODE § 100-80 (14) Retail sales of boats and marine items. A. Permitted uses.. . (16) Boat building; boat servicing; boat storage facilities. (1) [Amended 10.26-76 by L.L.No.5.19761 Any permitted uses set forth in, and as regulated by, the following (16) Yards for sale and storage of fuel and building provisions of this chapter: materials. (a) Subsection A(2)and(3)of§ 100-30. (17) Special exception use. [Repealed 10-26-76 by L.L. No. 5-19761 B. [Amended 7-1-86 by L.L. No. 5-19861 Uses permitted by special exception by the Board of Appeals, as hereinafter (18) Special exception uses set forth in, and as regulated by, provided, and except for the uses set forth in Subsection B(18) § 100-30B(16) of this chapter. [Added 7-1-86 by L.L. hereof, are subject to site plan approval by the Planning No. 5-1986] Board in.accordance with Article XIII hereof: C. Accessory uses. (1) Industrial uses, including manufacturing, assembling, (1) Accessory uses on the same lot with and customarily converting, altering, finishing, cleaning or other incidental to any permitted use and not involving a processing, handling or storage of products or . separate business. materials, involving the use of only oil, gas or elec- tricity for fuel. (2) Signs as set forth in § 100-60C(2) of this chapter. [Added 2-1-83 by L.L. No. 2-19831 (2) Research, design and development laboratories; office buildings. (3) Wholesale storage and warehousing.- §. 100-81. Bulk, area and parking requirements. (4) Building contractors' yards. No building or premises shall be used and no building or part thereof shall be erected or altered in the C Light Industrial (5) Public utility structures and uses- District unless the same conforms with the "Bulk and Parking (6) . Newspaper and printing establishments. Schedule" incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in .(7) Bus and truck terminals (garages, parking facilities, full, loading docks, etc.). (8) Food processing and packaging plants. ARTICLE IX (9) Marinas for the docking and mooring of all.types of C-1 General Industrial District boats." (10) Launching facilities. § 100-90. Use regulations. (11) Ferry terminals. A. [Amended 7-31-73; 10-26-76 by L.L.No.5-1976;7-1-86 by L.L. No. 5-19861 In the C-1 District, buildings and premises (12) Yacht clubs; charter fishing docks. may be used for any lawful purpose, except that no building (13) Eating and drinking.establishments. and/or premises shall be used for hotel,motel or tourist camp purposes,and the uses hereinafter set forth are permitted only 14 Editor's rote: see also ch.32, Bosh, Docks and wharves. 10042.13 s-2s-ss 10042.12 9-25-Hs 100-70 ZONING § 100-s0 (g) There shall be no latch-open device on any self- service dispensing nozzle. s (6) Cabinet shops, carpenter shops, electrical . shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops. [Added 5.30.75 by L.L. No. 3- 19751 ' (7) .Special exception uses set forth in, and as regulated by. � § 100-30B(16) of this chapter. [Added 7-1-86 by L.L., No. 5-1986] J C. Accessory uses. [Amended 10-26-76 by L.L. No. 5-19761 i (1) Accessory uses on the same lot with and customarily incidental to any permitted use and not involving a �- separate business. 1 (2) Signs as set forth in § 100-60C(2) of this chapter. t� [Added 2-1-83 by L.L. No. 2.19831 { § 100-71. Bulk area and g requirements. {p equirements. No building or premises shall be used and no building or part thereof shall be erected or altered in the B-1 General Business f District unless the same conforms with the "Bulk and Parking Schedule" incorporated into this chapter by reference, with the E same force and effect as if such regulations were set forth herein in } full. f 1 ARTICLE VIII C Light Industrial District ' § 100-80. Use regulations. In a C District, no building or premises shall be used, and no t building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: t 100.12.1 1 K4; j i RE :. Application of Peconic Associates on. .behalf of YOUNGS MARINA Application, No. 574 Before the Town Trustees of the Town of Southold. ,- STATEMENT OF PERTINENT FACTS concerning the devolution of title to Howard H. Zehner of Premises generally referred to as- Youngs Marina and ado Jac ent parcels and zoningthereof. By deed made by Bertha S . Garde and Charles S. Sage on March 21 , 1950 , and recorded in the Suffolk County Clerk ' s Office on April 18 , 1950, in Liber 3066 of Deeds at page 82 Fred W. Young acquired title to approximately -eight (8 ) acres of land :at the present site. of Youngs Marina. See Parcel I . on the Map attached hereto. Thereafter and in early 1957 the Town Board of the Town of Southold adopted a zoning ordinance and map that place the subject premises in the then "A" Residential and Agricultural District. Thereafter Young petitioned the Town Board for a rezoning of the premises to the then "B" Business District which apparently allowed the use of premises in such district for marina purposes . The plann - ing Board of said town by a report in writing to the Town Board dated May 20, 1957 , describing the property as "a yacht basin or . marina on Peconic Bay" having docks for 14 boats recommended the rezoning of the parcel to "B" Business District. Presumably the rezoning was accomplished by resolution of the Town Board. By deed made by Charles S . Sage and Vera Y. Sage , his wife , on August 17 , 1962 , and recorded in the Suffolk County Clerk ' s Office on August 20 , 1962 , in Liber 5217 of Deeds at page 35 Fred W. Young] acquired title to a strip of land partly upland and partly under- water to the immediate west of and adjoining his premises and shown as Parcel II on the composite map attached hereto including the area described as "New Inlet" and a small parcel of upland on the west, with an easement to .construct docks for a distance of fifty (50) feet over the land. under water adjoining the northerly side of said parcel except along the area of the inlet. These premises were not included in. the rezoning to "B" Business District. On 'August 18 , 1962, Fred W. Young reconveyed to Charles S . Sage and Vera Y. Sage by deed recorded on August 20, 1962 , in the Suffolk County Clerk ' s Office in Liber 5217 of Deeds at page 33 the easterly twenty-five (25) foot portion of the premises referred to as Parcel I on the attached map which strip is now designated o said map as Parcel III . ( 4'/y Thereafter by deed made by Fred W. Young on October 5 , 1970 , and recorded in the Suffolk County Clerk ' s Office on October 21 , 1970 , in Liber 6826 of Deeds at page 427 Howard H . Zehner acquired - title to those premises shown as Parcel I and Parcel II except for the twenty-five (25) foot strip described as Parcel III as shown on , the attached map. I By deed made by Vera Y. Sage on December 2 , 1970 , and recorded in the Suffolk County Clerk ' s Office on December 11 , 1970 , in Liber 6853 at page 432 Howard H . Zehner acquired title to the land under Ithe waters of Sage Basin which are shown as Parcel IV on the attach ed map. On or about November 23 , 1971 , the Town Board of the Town of Southold adopted amendments to its zoning ordinance and adopted a new zoning map the result of wh4h was among other things to rezone ( the upland premises previously acquired by Zehner in the new "C" Light Industrial District which permitted marina use provided a special exception for such use was obtained from the Board of Appeals. 2 - Howard H . Zehner applied for a special exception to operate. a membership tennis and pool club on 2. 1 Acres of the northeast port ion of Parcel I in 1976. The application which was granted by the Board of Appeals on July 22 , 1976 ,. includes parking for twenty-five (25) vehicles, all .in the .horthest portion of the premises. This obviously die not include any of the land in the twenty-five (25) foot strip (Parcel III ) as Zehner did not own it at that time. He did not acquire it until 1981 . B.y deed made by Irving L . Price , _ Jr. , as executor of the Estate of Vera Y. Sage dated September 1 , 1981 , and recorded on September 11 , 1981 , in liber 9067 of Deeds at page 557 Howard Zehner and Dorothy J. Zehner , his wife, acquired title t_o the twenty-five (25) foot strip of land shownas Parcel III on the 4i°/a.-e_A f �/ attached map. This land was Anot party of the premises zoned in the "C" Light Industrial District. On December 28 , 1982 , Charlotte Sage and others conveyed to Howard H . Zehner and Dorothy J . Zehner, his wife , by deed recorded on January 10 , 1983 , - in Liber 9296 of Deeds at page 518 the premise shown as Parcel V and Parcel VI on the attached map. There is no record in either the Southold Town Clerk ' s Office nor in the office of the Board of Appeals of any application having been made by Howard H. Zehner or anyone else for a special except- ion to permit the operation of a marina on the premises hereinbefor referred to as Parcels I through VI inclusive as shown on the attached map or for any part thereof. Likewise there is no record of any such special exception being granted. � I It should be further noted that no dock construction or main- tenance was at .any time done on the premises shown as Parcel VI i except on part of the fifty (50 ) foot portion thereof adjoining the northerly side of said parcel. Therefore no claim for a legal non- . 3 - conforming use can be substantiated for the major portion of said parcel as shown in the August 24, 19B7 , application to the Trustees of the Town of Southold for a permit pursuant to Chapter 32 of the Codes of the town which was .assi.gned Application No. 574 and was submitted in behalf of Howard h. Zehner ,and Youngs Marina. i i i j . i i i I j i i i i .. Yam'.. Yy _ • + '. �!,}. ' r;f��. N � , .- ` . ... ,�• -••.: •... f , • ` 7�.s�2� �t 3.}�C �� --ram' •�• f' % ,• - , •� 44� ro ' ,� ,' .. . �, v ".'_-,•.-�..; , 'hA,.Oz`: 91 _;1 :.�:-' ,i ':` _ •. ref' :ic t all r,+ ` ,: 7 • _.. . 40 i �,' {S _ as � r N+ �. � J ,gZ g ZONING BULK AND PARKING SCHEDULE A Residence District' Two- Multiple-Residence Family Districts Business Districts Industrial Districts Minimum Single-Family Dwellings Dwellings M M-1 B B-1 C C-1 Requirements A A40 A-80 A-100 Light General Light General Lght General Total lot area(sq.ft.) — 40,000 80.000 160,0()0 40,000 ,80,000 20,000 30,000 40,000 200,000 Lot width(ft.) — 150 175 270 135 200 60 150 200 300 Lot depth(ft.) — 175 250 400 Front yard(ft.) 35 50 60 60 50 50 35 35 502 150 One side yard(ft.) 10 15 20 30 15 20 25 30 50 Both side yards(ft.) 25 35 45 50 85 45 50 60 100 Rear yard(ft.) 35 50 75 75 50 50 25 35 50 100 Livable floor area(sq. 850 850 850 950 See Arts- See Arti- — — — — ft.)per dwelling unit cle IV Cie V Off-street parking spaces 2 2 2 8 See Artl- See Art1-, See Arts- See Arti- See Arts- See Arti- per dwelling unit cle IV Cie V cle VI Cie VII Cie VIII cle IX Maximum Permitted Lot coverage(percent) 20 20 20 20 25 25 See Arti- See Arts- See Art1- See Artl- cle VI cle VII cle VIII cle IX Building height: Number of stories 2% 2% 2% 2% 2% 2% 2 2 2 2 Feet 35 35 35 35 35 35 30 S5 35 35 '[Amended 5-29.73;5.16-83 by L.I..No.7.1993;8-9.83 by L-L.No.9.1983] [Amended 5-30-75 by L.L. No.3.19751 8-25.83 R - i ' FOL�, o�O �t4 CoU O �� Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 10, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No.3700 , application of Howard & Dorothy Zehner for a Special Exception. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Certificate of Occupancy for Non-conforming Premises; and survey of property. Judith T.Terry Southold Town Clerk January 28 , 1.987 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 expansion of an existing marina (Young 's Marina) , for Howard Zehner , located on Sage, Boulevard, Greenport , New York . AUTHORIZED BY: NAME : DATE : r r Southold Town Board of Appeals 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 15 , 1988 Mr. - Merlon Wiggin , President Peconic .Associates , Inc . One Bootleg Alley Greenport , NY 11944 Re.: Appl . No . 3700SE - Howard Zehner (Youngs Marina) Dear Mr. Wiggin : After considering the circumstances of the preexisting and conforming status of the subject premises and after considerable discussions with the Town Attorney ' s Office , this letter will confirm that it is the position of this Board that your project for the elongation of existing boat slips/docks does not require approval from this Board . It is our interpretation that consideration by the 'Board of Appeals would .be necessary for projects involving nonconforming uses , newly created uses , or new buildings , in this "C-Light Industrial " Zone District. Copies of this interpretation are being furnished to all other departments having jurisdiction in this project for their records . Please feel free to call if you have any questions . Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN cc : Planning Board Office Building Department Offices James A. Schondebare , Town Attorney Robert H . Berntsson , Assistant Town Attorney Town Trustees Office - ��xt � : Southold Town Board of Anneals f? �'�� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 1 5 , 1988 Mr. Merlon Wiggin , President Peconic Associates , Inc. One Bootleg Alley Greenport , NY 11944 Re : Appl . No . 3700SE Howard Zehner (Youngs Marina) Dear Mr. Wiggin : After considering the circumstances of the preexisting and conforming status of the subject premises and after considerable , discussions with the Town Attorney ' s Office , this letter will confirm that it is the position of this Board that your project for the elongation of existing boat slips/docks does not require approval from this Board . It is our interpretation that consideration by the Board of Appeals would be necessary for projects involving nonconforming uses , newly created uses , or new buildings , in this " C-Light Industrial " Zone District. Copies of this interpretation are being furnished to all other departments having jurisdiction ' in this project for their records . Please feel free to call if you have any questions . Yours very truly , GERARD P . GOEHRINGER lk CHAIRMAN cc : Planning Board Office Building Department Offices James A. Schondebare , Town Attorney Robert H . Berntsson , Assistant Town Attorney Town Trustees Office Box 597 EasL Marion, A . Y. 11939 January 15, 1988 Chairman, Southold Town Zone Board Of Appeals Southold Town Eall Main Road Southoid, New York, 11971 Nar Friends; Regarding the application to expand Youngs Marina an Sage Boulevard, T would very much like uo offer testimony at the Public Hearing scheduled or early FebruarY. Unfortunately 1 will be out of town during that part of the month. The use of the waterfront by residents of the Town of Southold should be readily available . Expansion of an already existing marina is the most sensible way to improve that availability . Some of the alternatives, which to my way of thinking, would destroy the astherics of our waterironts, include condominiums and office buildings . These eyesores do not lend themselves to a real appreciation and enjoyment of the beautiful waterfront env irenment of our town . Boating, Fishing and cruising these beautiful waters are what Eastern Long island !ends itself to and should be encouraged. I urge the BoaW to approve the plan for the expansion and improvement of Youngs Marina. Very trViy yours, ,tS Ip) �� ✓'mod HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. _yam- TELEPHONE PHILLIP J. GOUBEAUD ' (516) 765-1892 �by ;'�'.� � ,, � =�Xf ALBERT KRUPSKI, JR. ELLEN M. LARSEN v L y BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 DECEMBER 1, 1987 SPECIAL MEETING - 5:30 P.M. It is -noted for the record that the L.I. Traveler Watchman & Suffolk Times were notified o the meeting. The Trustees signed a waiver of meeting notice. A Special Meeting of the Board of Town Trustees was held on Tuesday, December 1, 1987, at .the Southold Town Hall, Main Road, Southold. Present were: President .Henry P. Smith Trustee Phillip J. Goubeaud Trustee Albert Krupski Trustee Ellen M. Larsen John Holzapfel, Chariman, Southold Town Conservation Advisory Council Joseph Fischetti, Jr. Wilbur Klatsky Charles Henderickson, Engineering Consultant Ilene P.fifferling, Secretary to Trustees Trustee Bxe4emever Absexlt..(Ogt of Town) IN THE MATTER OF THE APPLICATION OF THE COVE AT SOUTHOLD - APPLICATION NO. 601: President Smith called the meeting to order. The Board discussed with the applicant aspects of the proposal that could be mitigated. The 1'rustees raised questions regarding the application and the applicant was more than willing to compromise in any way possible to insure that the application could be expedited at the earliest possible date. The Chairman of the Conservation Advisory Council, John Holzapfel, was present at the meeting. It was recommended that the applicant meet with the C.A.C. at it's next regular meeting (or if a meeting could be scheduled sooner) so that the C.A.C. could discuss the application also. The Trustees discussed a memo from Trustee Bredemeyer with regard to the Youngs Marina application. Trustee Smith asked the Board to review all the information regarding this application so that the Board could act on the matter at the December 17th meeting. Moved by Trustee Goubeaud seconded by Trustee Krupski the meeting was adjourned there being no further business to come properly before the Board. Vote of Board• Ayes: All - This resolution was declared duly ado ted. Ilene Pfifferling Setary to Bo � [rw Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 4 TELEPHONE (516) 765-1809 APPEALS.BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. December 31 , 1987 SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr . Merlon Wiggin Peconic Associates , Inc . One Bootleg Alley Greenport , NY 11944 Re : Appl . No . 3700-SE - Howard Zehner ( Youngs Marina) Dear Mr. Wiggin : This letter will acknowledge receipt of your recent application before the Board of Appeals . The Board Members will be conducting inspections and reviews in accordance with State and local laws prior to advertising this matter for a public hearing. It is requested in the interim that you proceed with the Planning Board in order to obtain their comments only in those areas under their jurisdiction (site-plan elements ) which should be submitted to our office no later than the public hearing date . The public hearing on this matter is expected to be about the second Thursday in February . A copy of the Legal Notice as published in the Long Island Traveler-Watchman and, Suffolk Times will be sent to you as confirmation . Please feel free to call at any time if you have questions . „ Yours very truly , GERARD P . GOEHRINGER CHAIRMAN cc : Planning Board By Linda Kowalski Mr . and Mrs . Howard Zehner �s .a HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. TELEPHONE W U ��a PHILLIP J. GOUBEAUD (516) 765-1892 � � - ALBERT KRUPSKI, JR. �tom: �'�sr ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 21, 1987 Mr. Merle Wiggin Peconic Associates, Inc. One Bootleg Alley Greenport, New York 11944 Re: Application No. --°574 Dear Mr. Wiggin: The following resolution was adopted by the Board of Town Trustees during their regular meeting held on December 17, 1987 regarding the application for Youngs Marina, No. 574 as follows: WHEREAS, Peconic Associates, Inc. on behalf of oungs Marina pplied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 24, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said' application on October 29, 1987 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered, all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Peconic Associates on behalf of Youngs Marina BE AND HEREBY ARE GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Enlarge and rebuild.marina for 138 boats to include 4 main docks and 69 finger piers and approximately 2900 cu. yds. of dredging. Property is located on Sage... Road, Southold. This approval is subject to the following provisions: •Page 2. Peconic Associates on behalf of Youngs Marina 1. The number of boqts is limited to 138. A pump out facility will be designed by the Trustees. Upon receipt of said plan, a pump out facility is to be installed within 90 days of receipt of said plan, and will meet the criteria established by the Board of Trustees for said facility. 2. There is to be no construction within 15 feet of. the plot line as requested to insure navigational safety. 3. The lift well will have a wash down area for the containment of run off. This is to be installed within 90 days of receipt of a plan from the Trustees for same. 4. There is to be no sale of TBT. 5. Signs for the wash down area will be prominently displayed along with the directions for use of the wash down area. 6. Signs for' the pump out facility will be prominently displayed along with the directions for same. 7. Navigational signs will be prominently displayed as to regulating the speed to 5 miles an hour or less. This permit will expire on December 17, 1989 if work has , not commenced by 'said date. There are two inspections 'required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. Vote of Board: Ayes: Trustees, Smith, Bredemeyer, Krupski, Goubeaud - Abstained:Larse PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMIT THAT MAY BE REQUIRED FOR THIS PROJECT. Please remit $10.00 inspection fee at this time. Very truly yours, Henry P. - Smith, President Board of Town Trustees HPS:ip cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Page 3. Peconic Associates on behalf of Youngs Marina Robert A. Greene, D.E.C-. Stony Brook Stephen Mars, Army- Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals Trustees file HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. ` E` a TELEPHONE PHILLIP J. GOUBEAUD �� (516) 765-1892 i.."r' �L ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: September 25, 1987 APPLICATION NO. : 574 NAME: PECONIC ASSOCIATES ON BEHALF OF YOUNGS MARINA This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. 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: Unlisted DESCRIPTION OF ACTION: To enlarge and rebuild marina for 138 boats 'to include main docks an anger piers and approx. 2900 cu. yds. of dredging. LOCATION: Sage Road, Southold. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. ' Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Commissioner. Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor Lessard, Admin. , Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file Peconic Associates on behalf of Youngs Marina Howard Zehner HENRY P. SMITH, President JOHN.M. BREDEMEYER, Vice-Pres. �`x�r 'tn� ;'k TELEPHONE PHILLIP J. GOUBEAUD � I ,� � (516) 765-1892 ALBERT KRUPSKI, JR. ELLEN M. LARSEN t BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 28, 1987 Mr. Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley Greenport, New York 11944 Re: Youngs Marina - Application No. 574 Dear Mr. Wiggin:- The following action was taken by the Board of Town Trustees during their regular meeting held on August 27, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Peconic Associates, Inc. on behalf of Youngs Marina for a Wetland Permit on certain property located on Sage Road, Southold. Very truly yours, Henry P. Smith, President Board of Town Trustees HP S:ip cc: Robert A. Greene, D.E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C. , Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File Planning Board TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION Application No. 7�U Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We) , Peconic Associates, Inc. for Howard Zehner & of 1670 Safe Blvd. . P.p.__Box 250 Dorothy Zehner of Youngs Boatyard & Marina (Residence, House No. and Street) Greenport , New York . 11944 ( 516 ) 477-0030 (516 ) 477-0830 �Hamlet, State, Zip Coae, Telephone um er hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VIII SECTION 100-80 SUBSECTION B- ( g ) for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): �,. see attached plan DECK 0 lbd/ Southold Town clerk A. 'Statement of' OWnership and Interest. Howard and Dorothy Zehner _0(a ) the owners) of property known and referred to as 1670 Sage Blvd . , G een o t (House No. , Street, Hamlet) Youna ' s Marina identified on the Suffolk County Tax Maps as District 1000, Section 5_, Block 1 , Lot(s) 38. 3 which is no ( on a subdivision Map (Filed , "Map of Filed, Map No. , and has been approved by the Southold Town Planning Board on N/A as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on October, 1970 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Present use is a marina and application for special exception is for modification of marina layout to increase it ' s efficiency and its usability to 138 slips from its present 95 slips C. The property which is the subject of this application is zoned C-Light i. nd ust riigid [ X ] i.s ,consistont with the. use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : [ ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : �jl j5lgna ure i Sworn to before me this /6 day of 19 r( . Q,ra/ P GV V o t a ry u i c) -�J MIEN ii.DE 6'OE Z B2 (rev. 2/6/86) NOTARY PUBLIC,state of New Moak No.4707870,Suffolk Coin c Term Expires Msich 30,18 HENRY P. SMITH, President TELEPHONE. JOHN M. BREDEMEYER, Vice-Pres. LnJ (516) 765-1892 PHILLIP J. GOUBEAUD JR ELLLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Soutliold, New York 11971 August 28, 1987 Mr. Merlon Wiggin Peconic Associates, Inc. One Bootleg Alley Greenport, New York 11944 Re: Youngs Marina - Application No. 574 Dear Mr. Wig gin: The following action was, taken by the Board of Town Trustees during their regular meeting held on August 27, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Peconic Associates, Inc. on behalf of,Youngs Marina for a Wetland Permit on certain property located on Sage Road, Southold. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.•E.C. , Stony Brook Commissioner Henry G. Williams, D.E.C. , Albany Stephen. Mars, Army Corps of Engineers Thomas -hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File Planning Board HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. � +. . �rr1, !� TELEPHONE(516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN01 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: September 25, 1987 APPLICATION NO. : 574 NAME: PECONIC ASSOCIATES ON BEHALF OF YOUNGS MARINA This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. 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: Unlisted DESCRIPTION OF ACTION: To enlarge and rebuild marina for 138 boats to include main docks an anger piers and approx. 2900 cu. yds. of dredging. LOCATION: Sage Road, Southold. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Commissioner Thomas C. Jorling, D.E.C. , Albany Robert A. Greene, D.E.C. , Stony Brook Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management John Holzapfel, Chairman, Southold Town C.A.C. Victor .Lessard, Admin. , Building Dept. Planning Board Board of Appeals Town Clerk's Bulletin Board file Peconic Associates on behalf of Youngs Marina v Howard Zehner TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUMOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York If 971 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK FOR THE ISSUANCE or A PERMIT PURSUANT TO THE LAWS , ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS. FLOOD PLAINS AND DRAINAGE AREAS OF THE TOWN OF SOUTHOLD, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 3Z OF THE CODES OF THE TOWN OF SOUTHOLD. , APPLICATION NO. ______ —DATE OF APPLICATION_Augq.L 24,_1987___ IDENTITY OF APPLICANT--Youngs Marina _--� PHONE NO- ADDRESS OF APPLICANT Sage Road Southold N. Y . 11971 TAX MAP NO. 1000-57- 1 -38.3 AGENT Peconlc Associates _PHONE NO . PERMIT REQUESTED TO_enlarg_and rgbui t mArin for_1a$_baata_---___-- to include 4 main docks_and_69_fLIMer Digr�_�a�_�l� aximaleLx________ ------------------- 2900 cu . yds . dredging ( see attached �lan� Sage Road , Southold LOCATION OF PROPERTY FOR WHICH PERMIT ANT Dg___M___.________---_ HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION_ _Howard_Z e h n e r , P . O. CREEK, BAY OR HARBOR FRONTING PROPERTY__Sage_Basin and Southold_B41___ SIZE OF PROPOSED WORK See attached . _________ LENGTH See attached ------------ WIDTH ----- see attachg�L----------—---------------------- HEIGHT ABOVE HIGH WATER + 5ft._ DEPTH BELOW LOW WATER 6 ft. YARDS TO BE EXCAVATED approx. 2900 Cu . ygs . Y A R D S .T O BE FILLED WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY__ to 2 miles w DEPTH AT L O W TIDE__ N/A --- ---__N—_— AVERAGE RISE IN TIDE 2 ft . DISTANCE TO THE NEAREST CHANNEL 0 FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN THE AREA 0 F' 15 THIS FOR PRIVATE OR BUSINESS USE?-- business— AREA ZONING C- llght , industrial MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED_ drag line _— and trucked to disposal area -- INTENDED USE OF PROPERTY marina DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE marina --------------------------- AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTI AGENCY_ appli cat ion_ to Town_PIanning_Board�DEC Suffolk County Health_ org2A r ed_N DESCRIBE FULLY THE REHABILITATION AND PROPOSED CONDITION OF THE PREMISES AFTER THE WORK IS COMPLETED INCLUDE AN ADDITIONAL SURVEY OF THE PROJECT SITE IF NECESSARY—mar.lna_will_be_restored to a full / _ o_pe_rable_ cond_ition_ to include sanit9r1_2um22ut facilities . WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT , attached ARE T11ERL ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? NO COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS , AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF , THAT THE WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID ,-,.PERMIT , IF GRANTED. SIGNATURE OF APPLICANT SWORN TO BEFORE ME THIS DAY OF 19 NOTARY PUBLIC EXAMINED APPROVED "WETLANDti" PERMIT (CHAPTER 97) APPROVED "BOAT , DOCKS , WHARVES" PERMIT (CHAPTER 32) DISAPPROVED " WETLANDS PERMIT° (CHAPTER 97) DISAPPROVED " BOATS , DOCKS, WHARVES" PERMIT (CHAPTER 32) CONDITIONS , IF ANY EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES :Approved 2/27/85 '• TOWN Of SQUTU= ENVIRONMEb1TAL ASSESSMUT — PART = PROTECT INFORMATION .VT:CE: This iocuoant is desianed to assist 1n 411t4fs"a"I whetlsar'no actloa propo0 say gave significant effsc: ]n clue anvirenmnt. Please cwolaca Lie entire 3au Shut. UswM to :.tee•sa•1vostions dill as conslaer" as aart of me 'seallcation for 600roval end may be suil,let. to Airtner vertflcatlip ad Milo rtvl4se provide any aaattio"Al Infor"Clan you relieve will la rands/ Ss SWIW PUTS a ally 3. is axaec:ed Mai Caiiolition of the Ulf -111 be darandane es Infemcion Currently availaesa 04 will rat Involve new studies, researem or Inveattgattoo. « Ilsfos Mom r1M imam ilNo 6o010"Al VW4 I&NAM4914• so Indicate and sweify asen Instance. sA1lE If 'QQJEC' _ MAMA, sun ACCAfSS SIR AMMO c 101 fr■r■wtl ' Youngs Marina li7phnpr , --- P.O.. UORESS :;IQ 3XIC OF 001_ICART: t Green port , N. Y. 11944 Peconic Associates . . tea �a'se I ig= Ma;r/(516 -0830 One .Bootleg Alley :res t i Greenport , N . Y . 11952 .l ksucal pl �1y1PTi4" OF 0e0JEC7: (lriefly dascNba Cron of ,fryer: der USION) (PLZASZ M4111.Mi UCH C lUrift • LiWIGM S.A. If not aoo l l C 014) A. SI'.'c :ESCAlPTton (physical tatting of overall project, beto Mwiam ow JINN araaal I. General warac:er of the land: ranerally Veffiaw 6116 Ma. G"Fally mosm aIw Alllml or Irrepilar ;. Pnsont 'and Jee: Urban . Indwtrlal X�. Camemal . swurean Tom. Aural... Agriculturs Now 3. Total acrssge of project area: Q WO' Aooroximate scrsage: Presently After Cowlation prim"ily After Sdaaletlon oresdew or 3rusniand icres ai27t lour SYr{m Arm .4K �4„�CrN ?arss car scree suss Uuuvegetated ;rocs. 4gr.c:wurtl __ate �--� Uads. wlldings :!e!I:nc ss,Maca� or and mnder 34VIG rllal es :er sr:t:;ss aY"Icall M,,,M ICf" ,�gm S j r It1'!! :a. p � ua1:a- ;,Loci L&NM M.Laems i. Adc Is firttesttnant soli pre(s) 9n i. a. ire :.`s^+ ledr:c% ]cat:-o:otngs sn ].s jet: f:t$? op ]. .hst is deov. 13 - 6. Approximate percentage of proposed project site with sups .. : 0-10: . 4; 10.1Si �.�xi 15Z or ,/, greater Log-:.. 7. is project contiguous to. or contain a building or vita listed an tam Natioeal Register Of.NistorlC Places? __ros 6. What is the depth to the water tablet ,�„�tMt variable t0 65 ft. (Clay). f. op•hunting or fishing opportunities presently 4mist im the "64t AM? 10. Does project site contain an speCios of plant er animal life that is identified 46 ,jhreatepl, OF n sn eyed - Yes �0. aCCerdlaq is • 1dM9i0 each 600614s. 11. Are t.%ere any unique or unusual land forms ON the pr J46% e1t4l (i.e. Cliffs. dunes. Other 001e+1160 formations - ___Yes -1."0- '(Oe:CHN 12. is the project site presently used by the CDsas'Ify tar 1114loh6orhood as an spas sp4Ce are FOGMtlom . area - 13. Ones the prejent site offer or include SCM1C V164 or Wsiu Wan to N 15PMM 9 te.09 oom00141 Yes A No 14. Streams within or contiguous to project MU: NSA a. Mace of stream and name of river to wNica it ie tributary 15. Lakes, Ponds, Wetland areas within or Costigueus to project & M: a. Maa Same Basin t b. $ise (is acres) ± i7 acres 16. What is the dominant land use and tOnieg Classification within a 1/4 mile radiWa Of tilt prO,eCS to-O. single family residential, R-2) and the s6a14 of developmnnf (4-t. 2 story)• ' residential 2-A a. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in Qisstssiseu 4s Wropriate) a. Total contiguous acreage owned by prQeCt apeeMr &ei• b. Project acreage developed: acres 181t141ly1 am NJtim sUly. • e. Project acreage to resin undevoloped d. Length of project, in miles: NAit appropriate) e. If project is an expansion of existing, indicate perms of expansion proposed: .building 44UM fo age developed acreage • f. Mus+ber of off-street parking spaces eii MI 14.�•••7—•--•1 proposed 14�..,z g. Maximus vehicular trips generated per hour a,.....J"" Completion ff. projeos) h. If residential: Number and type of housiso Unit$: NSA .. One•Family Two Family Multiple family Condomieion Initial ..�.�. Ultimate Orientation Neighbornood-City-Regional Estintw Eployment Conu rcial Industrial j. Total height of tallest proposed structure N/A.,,,.�fMt- , • • 2. Mow ouch natural material (1.e. ,rock. 4arth• etc.) will be r@mved from tM sitA •. 0 �-�: CYbiC yar 3. How Deny ores of vegetation (fumes• shrubs 1* 0A Cowers) wi 11 b9 rMoved frog 41 M • •,1]..�u'ei• 4. will any mature forest (over 100 years old) or et. iwiiyI"OrtaMt V"ot4t1on M r4elovod by 1s project? ---tes _J.No • S. Are there any plans for rs-ve1etation to "*I&" that rm"d during constwatlonl A GYM 4., Ir single phase project: Anticipated period of CMatruetiM tenths. (including demsl109111. 7. If multi-phased projects a. Total number of OMs4s Mt1C1P4114d �.,;,,,110• - b. Anticipated date Of �1nC1Y11wL demolition) C. Approximto C4eiplette111 4994 Neal phase ��nib gear. d. Is.phase 1 financially dependent an srbsoMML PIWI M? ��Yes •„�.1 e. Will blasting occur during construction? ' 9. Number of jobs generated: during constfWtl4o m,,,,,J 4fter WWO" is Co■Plete �1 ' 10. Number of jobs eliminated by this project �.'.• 11. will project require relocation of any prejKti K *C111t14ot require ��Yq �„�lo• tt yen. esplalnt 12. 'a. is surface or subsurface liquid waste disposal Involved? .Yes .,.. • b. If yes. indicate type of waste (sewage. 14"trl41. etc.) sewage - hnat bnldina tanks c. It surface disposal nad of streso into which effluent will M disCharged 13. Will surface area of existing lakes. ponds• streams• bays or ether surface watsrw4y4 be increased Or decreased by proposal? Yes 14. Is project or any portion of project leCated in tM 100 year flood plain? .LYe$ ls. a. Does project involve disposal Of solid wets? os ��Me b. If yes. Mill an existing solid wste disposal facility be use? � 74s C. If yes. give nano: - - : location d. Will any wastes not go' into a sewg4 41apos4l system or into 4 MIUry Undfill? Yee Is. Will project use herbicides or pesticides? To "Is ; 17. WI11 project routinely produce oders (more then eM Moe W day)? TOs X le. Will project produce'operating nolso oxcoodint tM 1eta1 01110 Co nelse 1eve141 ._Yes ......, 19. Will project result in an increase 1n Orgy "0 ��,,,�YM �,.�• lt,yes• 1nOteato type(4) ne 20. If water supply Is from wells lndiCate puering capacity N A gals/einute. 21. Total anticipated water usage per day �6!L.Jols/day 22. toning: a. What is deminant 'toning ClasslflCatlOn'ef sltef C- 1 i g h t b. Current s;eclfle Zoning .ClasslNCat1M of site C-1 fight C. Is proposed use cowsisunt with present ytoeing? YE$ d. If no. indicate desired toning 26. Approvals: a. Is any Federal permit required? X, b. Does project involve State Or F4WGl W1ns or IlnanClegt c. Local and Regional 6PPronalii Ap reval Required submittal Approval (Tess pee (TM) (Oath (OeiB� City.CTo;n, village Board ..x.� City. Town. village Planning Seem Cit pygtZoning boats C1 ty. ounty''Health DeparW01fr Wom ��• Other 1liiioca" encies Other reglona agencies �p� State Agencies Federal Agencies • ng i noors • C. INFORMATIONAL DETAILSAttach ' there are or My be aftY adverse impactstassociatedrwith thefproposal.Please 41MPIt orl "utWlh MGures WhI CA go be taken to mitigate or avol then. PREPARER'S SIGNATURE: am TITLE: Ptesiden — • REPRESENTING: Youngs Marina DATE: August 24 . 1987 j, TOWN OF SOUTHOW ENVIRONMENTAL ASSESSMENT FART 'II , �R�TFGT I PACT�AN� HrUR [►LeCNTTL>T�E , General InforrtNon (weed Carefully)' ' • In completing the fora the reviewer should be Builied by the 4USS ion: Nave pry declsigtsO and detereiiMiions been roan onabled The reviewer Is not expSeted th '" aM,WOrt «nhrawntal analyst. • M identifying tnat an effect will be potrntially large (eelu>te 21 does not Dean that 1t /s also treessarly lonif cant. Any,large effect must be evaluated in PART 7 M pefA tlte 618nifIM48- ,Idenil�yftrq effect in column 2 simply asks that it be WOW at fy~9 . The Examiles provided are :o assist the reviewer by Shwring types of effects and wherever possible the three of ragn1tuoa trac would trigger a response in colulffl 2. TM pepplef are generally applicable throughout ti State and for most situations. But. for any soacifie project or else •Hier exaerpleS SNQOr lever ihreaMldt may be more appropriate for a Potential lame Iepset htlM• , Each project. on each site, in each locality. wiII very. Therefore- the examples have been offered ae LYidi They do not constitute an exhaustive list of lmpac:i MN tkrtWld$ to anatier OKA gMtt416 • The nutter of examples per Question does not ttidleate the 11OWUNO of each Ouoistion• INSTRUCTIONS (Read Carefully) a. Answer each of the 18 Questions in PART 2. AetwOr Yam,}.It Mill will be Off$GL. b. M�,ybe answers should be considered as LOL loswers. e. If answering Yes to a question then check the eporeoriete box (column 1 or 2) to indicate the potential size of the Impact. If Impact threshold equals xr exoteds any example provided• Chad Collimli 2. It impact will occur but threshold is loner WN eaaoelee OMeCk 0100 1; d. If reviewer has doubt about the SiBS of tk IMP"t'I10.'MMIder SIN impact " potent/ally lame and proceed to PART 3. e. If a potentially large impact or effect ern be reduced by a change ill' the project to a lest than 1ar4O magnitude. place a Yes In column ]. A Me rup"S ledicates that such a reduction io not potilblIL 'S0. . SMALL TO POTENTIAL CAN IiIPACT U NOOERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANG' IMPACT ON LAND M YES WILL.THERE BE AM EFFECT AS A RESULT OF A PHYSICAL. O O , PROJECT SITE. fxar.ol*t that 'Would Apply to Column 2 Any construction on slopes of 152 or greater. (lf foot rise per. 100 foot of length). or where the general elepee IN 00 / 06% area exceed IOZ. , Construction on land when the depth to tM UAW tibia 13 lets than I feet. Constriction of oaved parking areA +br 1,= or +acre r0I9146• Constructicn on land where bedrock is exposed Or SenerSlly witnin 7 fact of existing ground surface. Construction that will continue for more than 1 year or levelve more than One prase or stage. Excavation for mininq purposes that would rSMvS 'Are tMae 1.000 �..� �... ..�.. ' tons of natural material (i.e. rock or soil) per yMro _ Construction of any new sanitary landfill.. �� :LL iA POIt'rr � LMn �::r•Nu� K :ERATE lAa:.E , REDUCED BY . ;1PA rra Po J T }1Ar•, - Construction in a designated floodway• "�' '"�� • Other impacts: MW YES �- _, WiLL THERE BE AN EFFECT TO Ally UNIQUE OR UNUSUAL LA" i0" XX r FOuNP Oil THE SITE? (I.e. cliffs, dunes w P0100661 fOM* tiowsi etc.) Specific land form: IMPACT ON WATER , ' 10 YES .' 3. WiLL PROJECT AFFECT ANY WATER OOOY DESIGHATEO AS ....••••••O Q PROTECTED? (Under Articles 1S. 24, 25 of tM 611101`0 onaental Conservation Law. Examl s that Would Apply to Column 2 Dredging more than 100 cubic yards of material fM channel of a protected streM. Construction in a designate4 freshwater Or tidal Metlanl• "'�' Other ie+pacts: 4. WiLL PROJECT AFFECT ANY NON-PROTECTED EXIST116 41110 NO YES • WATER? Q Q •• Boor OF ............................................ xamoles that Mould Apply to Column 2 A 101 increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease . . Construction of a body of water that taCWS 10 acres Of surface area. Other impacts: YES S. WILL PROJECT AFFECT SURFACE OR GROUNDWATER MALMI GO Exams that Would Apply to COluea 2 project will require a discharge permit. Project requires us@ of proposed urceet source of water that does Net bow �.mA approval to Project requires dater supply from wells with greater """" than 45 gallons per minute Pumping Capacity- construction or ooerstion causing any eontam'syti0e of a publi: water supply system. MMIUM Project will adversely affect groundwater: Liqui ill be facilities es1uent wnichM conveyed t ' Presently do not OAis Or hi" face inadequate capacity. Project requiring a .3cility that would use water 11 excess of 20.000 gallons per day. Project will likely cause siltation or other diseilarge into an e}lsting body of water to the extent that there will be an obvious visual contrast !A natural r�rndl Nona. . MIME TALL TO POTENTIAL BAH IiIPACT U ..• -IDOERATE LARGE REDUCED Or • IMPACT 111PACT PROJECT CHA.IGI Other Impacts: S. WILL PROJECT ALTER DRAINAGE /1,011 PATTtM OR SWJ" VATU .40 its RUNOFF? .............................................•.....(DO � xamo.It that !Could Apply to Coiuem.2 Project would ie:oede flood water flows. Project is likely to cause substantial erosion. Project is incocpatible with exiatine drainage (l Other impacts: IKPACT 2N ; R i10 YES r 7. WILL PROJECT AFFECT AIR QUALITYT.......................•....0 O Exafoles that Would Apply to Column 2 1 . Project will induce 1.000 or are vehicle tries 14 MW Iiv" 40'm' hour. Project will result in the incineration Of are ow 1 ten. c""' ...... ..... of refuse per hour. Protect emission rate of all eantsminants will exceed lbs. per hour or a heat source pro4uciny M" Ulan 10 million BTU's per hour. Other impacts: Ti'oaCT 3!!_pl !FITS 4F10 &JI AEI 11p YES 8. , MILL PROJECT AFFECT ANY THREATMED OR LMDM= S/EC«T 0 O xaroles that l:culd Apply t0 CGIUM 2 . Reduction of one or rare species lifted an the raw York —' or Federal list. using the site. over or new site Or , found on the site. portion of a Critical Or si ific"t wilds •�+ "'�" '�""" Removal 0/ any Po � . l Ito lubt tat. . Av?11cat1on of ►esticide or %arelelde over are then twits a year other t;Asn for agriwi tural POW"$- Ot.1sr impacts: • ,_ res 9. WILL PRCJECT MSTA3 IALL.Y AFFECT 't0341i1111=.iEO rr ..........................(DO Example that :lould :.pply to Column 2 ' Project :would substantial! Interfere with AU or migratory fish or wildlife 04Cies. the removal of rare than 10 ores of Prn;ect rscuires nature forest (:ver 'Ion years in age) or ot•'�er locally important veS=cat'on. 7 • l L TO I POTENTIAL CX,' IMPACT A e OERATE LARGE REDUCED BY • IMPACT IMPACT PROJEeT CRAG R'PACT 0:1 VISUAL RESOURCE WILL THE PROJECT AFFECT VIEWIS. VISTAS OR THE 11ISW& MO YES 10.. • CHARACTER OF THE INEI�BORN000 OR CQ?"ITYI .••••••••••••• (DO xamoles that Would Apply to COlVM Z , An of new materials.Visual I co 1 orsf and/or Caused by I 01011MI1 IIA WIN _� �•• , surrounding landscape. •� • A project easily visible. not easily sereenedaoMt is obviously different from others around it. Project will result in the elimination or major screening of scenic views or vistas know to M important to the area. • Other impacts: •�� ' IMPACT ON HISTORIC RESOUR�;-S_ 11. WILL PROJECT Ii•'PACT ANY SITE,OR STRUCTURE OF NISTORICs NO YES PRE-HISTORIC OR PALEOIITOGICAL JIMTANCET ................•©0 • xarroles that Would Apply to Column I Project occurinq wholly or partially Within Or tontiguow �� °"• """' to any facility or site listed On the National p"'" of. historic places. • • My impact to an archeological site Or feeeii bale 14"W • within the project site. Other impacts: • . �r �..••� �. IMPACT ON OPEN SPACE RECISATION 12. WILL THE PROJECT AFFECT THE cUANTiTY OR QUALITY Ofr�EXISTINS NO YES OR FUTURE OPEN SPACES OR RECREATIONAL OPFORWITIESI•••go* 00 xamoles that Would Apply to Column 2 w The permanent foreclosure of a future recrea000111 10MAMity. •�� •w"" """� A major reduction of an open 'speee i"Or"At to iMo Ceaa>AMify '�"' �• ~� Other impacts: Imp4CT n►l TRAOSPORTATTO'I 13. WILL THERE aE X1 EFFECT TO EXIS11MG TRANSPORTATION NO YES SYSTEI'ST ............................................... 00 Exams noles that 'Would Apply to.Column 2 Alteration of present Patterns at mo>ree*nt Of Owls and/or goods. •aim �•w Project will result In severe traffic proble4• Other ir..pacts: _ • • --STALL TO OOTE.RTIAL CAI? IMPACT'BS• OEMTE LAP.GE RE7lJfiEO 3lf'` • IMPACT JIVACT PRCJECT CHAIM IMPACT ON ENERGY 14. HILL.PROJECT AFFECT THE COMMUNITIES SOURCES OF FUL OR -40 YES VERGY SUPPLY? ..........................�.........i.�....`/I O Exa_ m_ alts that Would apply to Column 2 Project causing greater than 5% increase 1n any fora Of energy used in municipality. Project re;uiring the creation or extension of an energy transmission or supply system to serve wre tbefl SO sin& or rwo family residences. Other impacts: IMPACT ON NOISE 1S. oLEE NOISE. GLARE. TIOM. NO YES WILL OISTUPBAICT. AS A RESULT OF xaroles that Would Apoly to Column 2 O O _ Blasting within 1,500 feet of a hospital, school Or OtMr sensitive facility. Odors will occur routinely (more than one hour per day). Project will oroduce operating noise exceeding the •��• �� local orb lent noise levels for noise outside Of 5trW0-V M• •• Project will remove natural barriers that would aC: as a �� •"��' noise screen. Other impacts: LP1C' CH HEALTH 3 wAZ�R[►S NO YES 16. WILL PROJECT AFFECT ?U3LIC HEALV AND SAFETY? ............Q O • Exarrtolas that Would Apply to Column 2 Project will cause a risk of explosion or release of h Wardoui �""• subscancas 0.e. oil, pesticides. chemicals, radiation, etc.) in the event of accidant or upset conditions. Or More will be a chronic low lavel discharge or MissiOA. Project that will result in the burial of 'hazardous wiles' (i.e. toxic. poisonous, highly reactive, radioactive, irritatinge infec:'ous, etc. , incluaina wastes that are Solid. 11401-90lide liquid or contain 3ases.) _ Storac_ facilities for .:ne.million or core gallons Of liquified natural ,as or other liquids. Otter impacts: li''I'n►.1 ►i•rNbl rRu�t►.1. 4:+i�P i!!PACT u'1 soa':!iii A9 Cot R. of Cn;:w�IITY OR rIEIG 17. HILL PROJECT AFFECT THE CHARACTER 4F THE EXISTING NO YES CO:V!IIIiTY? ......................................,.........0 O Examolt that Would Apply to Column 2 ' The population of the City, Town or Village in which the project is located is likely to grow by =re than 13 Of resident human population. The municipal budgets for capital expenditures Or Opera• ..... ewnw� ting services will increase by more than SS per year as a result of this project. ••` Will involve any oernanent facility of a non-agricultural _ use in in agricultural district or remove prim agricultural lands from cultivation. The project will replace or eliminate existing facilities. structures or areas of historic importance t0 the r.omwigl• . Development will induce an influx of a particular age •�� '�� "� group with special needs. Project will set an important precedent for future pro4ects. Project will relocate 15 or more employees 1A One Or yore _.._ businesses. Other impacts: NO YES 18. IS THERE PUBLIC CONTROVERSY CONCERMIIG THE PROJECT? es....0 O . Examoles that 'Would Apply to Column 2 X Either government or citizens of adjacent communities �r ^� •�� have expressed opposition or rejected the. projeCt or, have not been contacted. Objections to the project from within the eomrs MV- -x•-- --� IF ANY ACTIOII IN PART 2 IS IDEtITIFIED AS A POTERTIAL LARGE IMPACT OR If YOU CX9.'OT DETEX41119 THE NAGIIITUOE Of IjWACT, PROCEED TO PART 3. PORTIONS Of EAF CON UTFD FOR THIS 'PROJECT DETERMINATION UAT I ►ART II PilytT 2'i.. � Upon review of the information recorded an this EAF (Parts 1. 2 and 3) and considerinq both the magnitude and importance Of each Impact. it is reasonably determined that. PREPARE A NEI.ATIJIE OECWiATIOIi A. The project will result in no major impacts and. therefore. O ` ' is one which may not cause significant damage t0 the environment. 8. Althcugh the project could have a significant effect on the env'rorment, there will not be a significant effects in this eaia PREPARE A NEGATIVE OECLARATIOi1 tecause the gacicn m`ssures descr;bee in ►AAT 3 haje been O inci.ticed as part or' vie oroposad projeec. '��"� . C. The zroject will result in one or rare ma4,or adverie impacts PREPARE POSITIVE BECLAAATI011 PROCEED that cannot be reduced and may eausa significant daeiaQa to theO envircnment. �w ate gM tyre 0 sPOnsiD • C a A . Amy Signature or Preparer lif different from rCSPOA%lb a 0 P Car Print &-type nape 0 re:poAsl 0 0 1A load Agency ��—ItE.ua.tcsti rests wc. POILIGHKEEP1111114 NEW 95-19--2(1/85) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION APPLICATION NUMBER 0 APPLICATION FOR PERMIT Read Instructions on back before completing this application. Please type or print clearly in ink. Use separate addenda and exhibits to provide all data and explanations for which space on this form is inadequate. ❑ ARTICLE 1S,TITLE 3(CONTROL OF AQUATIC INSECTS,WEEDS„OR UNDESIRABLE FISH) ❑ ARTICLE 1S,TITLE 5(PROTECTION OF WATERS) ❑ For the construction, reconstruction,or repair of a DAM or other impoundment structure. ❑ For the disturbance of a STREAM BED or excavation in or fill of navigable waters. ❑ ARTICLE 15,TITLE 15 ❑ WATER SUPPLY ❑ LONG ISLAND WELL ❑ ARTICLE 74(FRESHWATER WETLANDS) ❑ Permit ❑ Letter of Permission ❑ ARTICLE 25(TIDAL WETLANDS) 1. NAME OF APPLICANT: PECONIC- ASSOCIATES. INC. 2. APPLICANT IS A/AN ❑ Individual ❑ Partnership ❑ Association Corporation ❑ Municipality ❑ Governmental Agency 3 NAME AND TITLE. OF OFFICIAL SIGNING APPLICATION PHONE MERLON E. WIGGIN. PRESIDENT (516 ) 477-0030 STREET ADDRESS/POST OFFICE One Bootleg Alley , P.O. POST OFFICE STATE ZIP CODE Green port , N. Y 11944 4. NAME AND ADDRESS OF OWNER(If not applicant) PHONE How a r477-0830 STREET ADDRESS/POST OFFICE P .O. Box 250 POST OFFICE STATE ZIP CODE Green port , N. Y. 11944 5. PROJECT LOCATION: NAME OF STREAM OR OTHER WATER BODY: 6. WILL PROJECT a) City or Village If appropriate; if un-named,show on map—See UTILIZE STATE-OWNED Item 5b) LAND? Town ❑ Yes IN No Southold Southold Bay County Suffolk b) Specific project site or area is marked on U.S.G.S.,or equivalent map,attached as Exhibit Number 7. PROPOSED USE: ❑ Private B. PROPOSED STARTING DATE: 9. APPROXIMATE COMPLETION DATE: 10. FEE OF ❑ Public 11( Commercial spring, 1988 summer, 1988 S Enclosed 11. PROJECT DESCRIPTION: Feet of rip-rap new channel;cubic yards of material to be removed;draining,dredging,filling,and location of disposal sites;type of structure to be installed;height of dam; size of impoundent;capacities of propsed water sources;extent of distribution system;etc. enlarge and rebuild marina for 138 boats to include 4 main docks and 69 finger and approximately 2900 cu . yds . dredging ( see attached plan ) . 12. THIS PROJECT WILL REQUIRE ADDITIONAL PERMITS,APPLICATIONS FOR WHICH ARE THE RESPONSIBILITY OF OTHERS: ❑ Dam ❑ Excavation/Fill ❑ Stream Disturbance ❑ SPDES/NPDES ❑ Water Supply ❑ L.I.Wells ❑ Freshwater Wetland ® Tidal Wetlands 13. NAME AND ADDRESS OF OFFICIAL NEWSPAPER OF LOCALITY WHERE.PROPOSED WORKS ARE LOCATED: Suffolk Times , Main Street , Greenport , N. Y. 11944. 14. IS ANY PORTION OF THE ACTIVITY FOR WHICH A PERMIT IS SOUGHT NOW BEGUN OR COMPLETED? El [Yes A No If YES,explain in addenda, giving reasons and dates,and show existing work on drawings or map. 15. CERTIFICATION: I hereby affirm that under penality of perjury that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief.False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law.As a condition to the issuance of a permit,the applicant accepts full responsibility for all damage,direct or indirect,of whatever nature,and by whomever suffered,arising out of the project described herein and agrees to indemnify and save harmless the State from suits,action ges and costs of ev a and description rsuiting from said project. 1 ,-0 9/ 1 1 / 19 8 7 � �`'� 1� PROJECT I.D. NUMBER I NtW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION •��•—� DIVISION OF REGULATORY AFFAIRS State Environmental Ouallty RavleW SHORT ENVIRONMENTAL ASSESSMENT FORM - For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1 Applicant sponsor 1. Project Name Peconic Associates , Inc . Youngs Marina 3 Project location: Municipality 1670 Sage Road , Southold county Suffolk 4 Is proposed action. ❑ New EN Expansion IE Modification/alteration 5 Describe project briefly: enlarge and rebuild marina for 138 boats to include 4 main docks and 69 finger piers and approximately 2900 cu . yds . dredging ( see attached plan ) b Precise location(road intersections, prumrnent landmarks,etc.or provide map) see attached plan 7 Amount of land affected. Initially 8.4 — acres Ultimately 8•4 acres g Will proposed action comply with existing zoning or other existing land use restrictions? Yes ❑ No If No,describe briefly 9 What is present land use nto vicinity of project? ❑ kesidential tAl Industrial ❑ Commercial ❑ Agriculture ❑ Parklandlopen space ❑ Other Describe. Marina and related facilities 10 Does action involve a permatlappruval,or fundrng,•now or ultimately,from any other governmental agency(Federal,state or local)? M Yes ❑ No If yes, list agency(s)and permrtlapprovals Corp . of Engineers , Planning Board , and' Town 'Trustees 11 Does any aspect of the action have a currently valid permit or approval? ❑ Yes ® No ' If yes, list agency name and permit/approval type 12 jAj—ss jresult of proposed action will existing permit/approval require moddicatwnf LJ Yes ® Nu I CLKIIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE t Applrcant/sponsor name. i.4ECONIC AssocIATFs F n R Y O I I N G I S—MARI NA Date: gE P T. 10 , 19$ signature: If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ` PART II Environmental Assessrtrvfix Jo be, completed by Agencvl v J a, a.t tin e.,--l ^� •• evr„d •n, ,,CRR Pirt 017 II vet. coordinate me review process Jna use the Fbl► EAF d .%iil Jv:on reie.ve.Jofo-nareo •e,evv „ provded for t.nl,sted Actions ,n o•*4yCRR. Part*17 N 11 ♦o J negative declaration mar oe s,.perceded by anotrer n, n.rd bct�on ,';)„,a t.•,on fesu,l •n \\f Adverse lRects On :O or arising from the following :Answefs ntar be hanawr,ften if 'eg,are, t..,r,ng au •)f grounawafer I-ji-ty or quantity noise iev cis existing traffic patterns solid*able production or JHpayi 2otent-•Jl for trot-on •;r4inaje or 'loouinii uruoiemtr Explain overly C_ >esenenc aariCuituf,hl archeological historic or other natural or cultural resources or commvmty or neighbornood coaraCttr, Evpla,n brierly Ci egecenon or rauna mo.ement or :sh or wddlne species ,igrt,ricant habitats or threatened or endangered species? Explain brielly Ca A community s".. tang plans or goals as orlic,ally adopted.of a change in use or intensity of use or land or other natural resources, Explain briefly C5 Crowth, subsequent development. or related activities likely to be induced by the proposed aetbonf Explain bri*fly. Cb Secondary. cumulative or other effects not identified in CI-Cb? Explain briefly C7 A change in use of either quantity or type or energy? Explain briefly PART III Determination of Significance(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether It is substantial, large, important or otherwise significant Each effect should be assessed In connection with its(a)setting(i a urban or rural); (b) probability of occurring; (c)duration, (d)irreversibility: (e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box it you have identified one or more potentially large or slgntricant adverse impacts which MAY occur. Then proceed directly to the FULL EAF andlor prepare a positive declaration. Check this box If you have determined, based on the information and analvsli above and any supporting documentation. that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here. and on attachments as necessary the reasons supportng this determination: Agency Name Agency Prepare,I tiding Preparer i S,gnature,T,tle Date r TEL. 765-1802 TOWN • OF SOUTDOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 w'' g TOWN HALL p ,O� SOUTHOLD, N.Y. 11971 INSPECTION REPORT NAME : Young ' s Boatyard & Marina DATE : Sept . 9 , 1987 OWNERS : Howard H . & Dorothy J . Zehner LOCATION : 1670 Sage Road , Greenport , N .Y . 11944 CO . TAX # : District 1000-Section 057-Block 1 Lot 38 . 3 ZONE : Industrial Light "C" zone LOCATED ON THE PROPERTY : 1 . Approximately-95 Boat slips 2 . Four tennis courts B .P . #8749Z C . O . Z7842 3 . Swimming Pool-public B . P . #8749Z-C .O . Z7842 4 . Bath House B .P . #8749Z-C . O . Z7842 5 . Large metal storage shed Pre C . O . Z15817 6 . Wood boat shed barn Pre C .O . Z15817 7 . Small storage building . 8 . One large building consisting of three sections Pre C .O . Z15817-C .O . Z7404 & C .O . Z7286 9 . One private one family dwellizig B . P . 1094Z- C .O . Z1139 10 . One stable with fence around 11 . One small cottage Pre C . O . Z15817 NO VIOLATIONS WERE FOUND . Inspected by : Curtis W . Horton Senior Building Inspector FORM NO.4 - TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hail Southold, N.Y. Certificate Of Occupancy UPDATED PRE C .O. No. Z.16 15 3. . . . . . . . . . Date S e p.t : 10 , .19.8.7 THIS CERTIFIES that the building . Boat Y a r d a PA M a r i n a Location of Property 1670 Sage Road , G r.e e n p o r t H ouse No. Street Hamlet County Tax Map No. 1000 Section . . .057 . . . . . .Block . .1. . . . . . . . . . . . .Lot . 38 : 3 Subdivision . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . Requirements for a private one-family dwelling built prior conforms substantially to theX�liiiXt �811� X1e1tr3i �ls`IcYfYiti�Xi'�iXtl{iXc��fic� tX to April 23 , 1957 CERTIFICATE OF OCCUPANCY ptirsuart to wWch)MWIIX4TU tirjr No. ,Z 1 6 1 5 3 . . . . . . . . . . . . . dated ,Sept . 10 , 19 8 7.:: was issued, and conforms to all of the r6quirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . SEE INSPECTION REPORT YOUNGS BOATYARD & MARINA The certificate is issued to . . . . . . . . . , , f101q4RD, ,H . & DOROTHY J . ZEHNER (owiner, XX of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . .N/A. . . . . . , . . , . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . N/A PLUMBERS CERTIFICATION DATED: N/A Updates Pre C . O . #Z7404 Updates Pre C . O . #Z16153 Building Inspector Rev.1/81 S Standard N.Y.B.T.U. Form 8007-10M- -Bargain and Sale Deed,with Covenant against Grantor's Acts-Individual or Corlwration. O.'- CONS LT YOUR LAWYER IRE SIGNING THIS INSTR�1RAlIF1T-THIS INSTI HT SHOULD BE USED BY LAWYERS 0' �tltd� CS r ) f� ILY THIS INDENTURE,made �P t� day of December ,nineteen hundred and e ig y`�w0 if BETWEEN CHARLOTTE SAGE, residing at (No #) Sage Boulevard, Greenport, New York; MICHAEL SAGE, residing at 805 Kerwin Boulevard, Greenport, New York; JAMES SAGE, residing. at 495 Sterling Place, Greenport, New York; and PATRICIA SAGE, residing at 217 Sixth Street, Greenport, New York , e party of the first part,and a HOWARD H. ZEHNER and DOROTHY J. ZEHNER, his wife, both residing at (No #) Sage Boulevard, Greenport, New York REAL EISTATE party of the second part, l.Ja� TAY WITNESSETH,that the party of the first part,in consideration of vU7-i O�" 5 L� TEN ($10. 0 0) -------------------------------- �.-__---- dollars, 0_� lawful money of the United States, and other ,good and 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 d J'S / successors and assigns of the party of the second part forever, PARCEL 1: ALL that certain plot, piece or parcel of land, ��xr, ionaabllx&� t, situate, lying and being-Axe at Arshamomaque , Town of Southold, County of Suffolk, State of New York , being bounded .and. described as follows: BEGINNING at a point where the division line between land of William Kilian and Zehner intersects the southerly line of a 16 foot right of . way which said point is also the Northeast corner of land of William Kilian; o running thence along said division line of said lands in a southerly direction 125. 0 feet to the point of beginning; unnin thence along 1 f Z ° ' " g g and o Zehner South 20 28, 30 West 50 feet; running. thence North 691 31' 30" West 50. 0 feet to other land now or formerly of Sage; running thence North 650 28' 30" East 70. 71 feet to the point and place of BEGINNING. TOGETHER with a perpetual navigational right of way over other lands of the party of the first part in the basin adjoining the subject premises for ingress and egress to the subject premises in common with others. PARCEL 2 : ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town of Southold, County of Suffo 1k, and State of New York, being bounded and described as follows: BEGINNING at a point where the division line between land of William Kilian and the land of Zehner intersects the southerly line of a 16 foot right of way which said point is also the Northeast corner of District land of William Kilian; 1000 Section running thence along said dicT.ision line in a Southerly direction with 057. 00 its prolongation of said division line 575. 0 feet to the northeast corner of land of Sage , the said point of beginning; Block 01. 00 running thence South 20° 28' 30" West 90. 0 feet; Lot running thence Southwest along the shore line of Pipes Cove, 140. 0 P/O feet; 036. 001 running thence North 34° 24' 10" West 295. 0 feet to land of Zehner; running thence South 690 311 30" East: 350 feet to the point or place of BEGINNING. TOGETHER with a perpetual navigational right of way over other lands of the party of the first part in the basin adjoining the subject premises for ingress and egress to the subject premises in common with others. UMR92 6PAGE520 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 fights 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 incumbered in any way whatever, except as aforesaid.. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust 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 WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Charlotte Sage (S/ Michael Sage L2� r J e Sage Patricia age FLORIDA j STAVE OF N XCW, COUNTY OF !j#S SS: STATE OF NEW YO1- OUNTY OF Suffolk SS: On the ;f day of December 19 82 , before me On the Zf-W4day of December 1982 , before me In personally came personally came Michael Sage, James Sage Charlotte Sage and Patricia Sage to me known to be the individual described in and who to me known to be the individual s described in and who �3 executed the foregoing instrument, and.acknowledged that executed the foregoing instrument, and acknowledged that she executed the same. they executed the same. u Notary Publics 5 ,�j�,0ia4R4. R9e- p9mo Not ry Ijub is �s-67,. ,� a.( �fjan�a� IRVING L. PRICE; JR. ,.r, ...-... c-••�c,}yr�^, ��r�l ►S�'�t(/ NOTARY PUSLIE, STATE OF T1E1,11 YORR residing in S4001c Co.at tune of a�gAintmeni My Commission Expires March 30,199r3 %u ,D �f STATE.OF..HFW-."RK, COUNTY OF -"SS: STATE OF NEW YORK, COUNTY OF SS: ,On the / day of �. 19�'L, before me On the day of 19 before me ersonall came ' P Y personally came to me known, who, being by me duly s,,*orn, did depose 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 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 was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. wottrgain nub f�ttlr 3Rrrh WITH COVENANT AGAINST GRANTOR'S ACTS /�— SECTION TITLE NO. 8 2—5 2-'414 8 2 �1% G, BLOCK SAGE N LOT TO COUNTY OR TOWN ZEHNER Recorded at Request of er.un.ew rewu „r .........-. --:__ ___.__ ______ Return by Mail to fecorded By: LKIFE TITLE INSURANCE Company of.New York 127 W.Main street Frederick J. Tedeschi . Riverhead, N.Y.11901 ec- y Attorne at Law Return to: 218 Front Street Greenport, N.Y-Zip No. 11944 W U U. O N Z Q ;o CC U ` O W ad LL W Q 6E Ln w �Y1 .I . LU W • A, Ilraadanl N 1 H I �, I nnn MOO .:0\1 i,.:,,;..........1 1.Ji•Urr,l, wulr! �:�rnau �R.nmi (.r�urn•'.A,•.-.Irdr.iJn.d nr (iu trur:rrrou * S yam!c t. / 4 r CONSULT YOUR LAWYER SORE SIGNING THIS INSTRUMENT=THIS INS MENT SHOULD BE USED BY LAWYERS I IL1 '• THIS INDENTURE, made the 5 th day of October , nineteen hundred-and seventy BET%T.EN FRED W. -YOUNG, residig at Arshamomaque, Town of Southnld , Suffolk County, New York, CV party of the first part, and t HOWARD H. ' ZEHNER, residing at 46 Revere Road, Porn Washington, NasA u�-Coun y, New York, party of the second part, WITNESSETH, that the party of the first Dart, in con,ideration of One. • rlrll.lr•, lawful money of the United State;, by the party of the scamd part, dries hereby grant and rclease unto the party of the ,r•cond (Tarr, tilt• i;•-Iri or successors and assigns of the party (if the part trrrrver', ALL that certain plo,q piect3ur parcelsuf land, with t1w lutil(fing,; :uul intlurrwemtr nt. there n r rcCtr rl ,I;u,(;c, lying anti being it, the Town of Southold, Suffolk County, New York, bounded and described as follows : PARCEL I . BEGINNING at a concrete monument set on the southerly side of a 16 feet wide Right of Way where it is intersected by the easterly line of the lands now or formerly of Killion and approx- imately 1740 feet easterly along the said Right of Way from State Road ; Thence South 67 ° 41 ' 40- " East along tl)o S011 herl y ] in(-- of said Right of Way 428. 73 feet to a concrete nionwnent and Ulu wesLerl line of the lands now or formerly of Sage; Thence South 16 ' 5D ' 401' West along said lands 760 feet to the ordinary high water mark of Peconic. Bay; Thence westerlyalong said high water mark on a tie line course and distance North 60 ' 16 ' 20" West 481. 58 feet to the easterly side of the former entrance to the basin; Thence North 20 ' 28 ' 30" East along the former inlet to the basin, continuing along the basain and further continuing along lands now or formerly of Kilion 694. 83 •feet to the concrete monument set on the sout_herl_v line of said Right of Way at the point or place of beginning, together with all right title and interest in and to two arms of land abuLLIng on Lhe west Lhe course North 20 " 28 ' 30" I.a;it_ aCca-U.- mentioned and jutting into the basin; TOGETHER with non .exclusive easement of Right of Way to pass and repass for all purposes over the 16 feet wide roadway hereinbefor. e mentioned running from whereever said roadway contacts the premises hereinbefore described in a general westerly direction to Slate Road (the main highway) . Rdf�t ESiAT► ST1,1i GF WIN.. T III np:1,1'1r� Ti�`'Y;(`p �'��' tJF�',r VIP" ; ".!I. L', . Ft,cE i PARCEL 11 . BEGINNING at a point on the ordinary high water mark of Peconic Bay at the southeasterly corner of Lot 52, Map of South- old Shores , Suffolk County Map # 3853; from said point of beginning running along the easterly line of said Lot 52 and passing through a concrete monument North 20 ' 08 ' 40" West 40 feet more or less to the shore of the basin; thence in a general northeasterly direction through the waters of the inlet _and along the shore of said basin on a line generally parallel with a course North 75 ' 15 ' 00" East 325 feet more or less to Parcel I; thence along Parcel I to the ordinary high water mark of Peconic Bay; thence along the ordinary high water mark of Peconic Bay and through the waters of the inlet on a line generally parallel with the course South 75 ' 15 ' 00" West 325 feet more or less to the point or place of beginning. TOGETHER with all the right, title and interest of the party of the first part the lands under the waters of Peconic Bay and the basin and between those bodies of water. .BEING- AND INTENDED TO BE the same premises conveyed to the party, of the first part by deed dated March 21, 1950, recorded April 18 , 1950 in Liber 3066 of Deeds at page 82 , and by deed dated August 17 , 1962, recorded August 20, 1962 in Liber 5217 of Deeds at page 35 in the Office of the Clerk of the County of Suffolk. TOGETHER with all the easements and appurtenances in said deeds provided and subject to the covenants therein. TOGETHER with all slit, title and interest, if any, of the party o, 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 :end to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs (,r . successors and assigns of the ]kart), of the second part forever, The party of the second part, Howard H. Zehner, herebelow affixes 11his signature to .this instrument evidencing his agreement to assume and pay the existing mortgage on the premises herein conveyed , which mortgage was made to The North Fork Bank & Trust Company by the party of the first part on May 10, 1966 , and recorded May 12 , 1966 in the Suffolk County Clerk's Office in Liber 4937 of Mortgages at page 185 , on which the present remaining principal balance is $20 , 131.23, with interest paid to September 20, 1970 AND the party of the first part covenants that the party of the first part has not done or, suffered anythin} whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, i❑ compliance with Section 13 of the Lien Lary, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such cnn•i,l• oration as a trust fund to he LplJie(l first for the pnrfxtse of paying the cost of the improvement ;md will apply the saute first to the payment of the cost of the improvement before using any part of the total of the ,,a;nc fair any other purpose. The word "party" shall be construed as if it read "parties" whenever;.the sense of this indenture so require;. IN WITNESS WHEREOF, the party of the first part has duly executed this rlred the day and year first al"ve written. IN PRESENCE OF; Fred W Young Howard H. Zeh r #7 Y STATE OF NEW YORK. COUNTY OF S FOLK ss: STATE OF NEW YO, COUNTY OF SUFFOLK >u: On the 5 thday of October 19 70, before me On the .5 thday of October 1970 , before me personally came personally came FRED W. YOUNG HOWARD H. ZEHNER to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the sauce. he executed the saute. I ' ROBERT W. TASKER ROBERT W. TASKER NOTARY PUBLIC, Sfafo of Now York NOTARY PUBLIC, Slato of New York Suffolk County No. 52.393372$ Suffoll, Counly No. 52.3933725 Term'Expires March 30, 197t Term Explies March 30, 1911 STATE OF NEW YORK. COUNTY OF as: STATE OF NEW YORK, COUNTY OF as: On the day of 19 before me On the day of 19 before tnc• personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of the corporation described ; the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the .seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora tion, and that he signed h name thereto by like order. tion, and that he signed h name thereto by like order. anb bale Meeb I c t W SECTION Will C,l3VENANI`- NS'f GRANTOR's Ams TITLE No. 268545 BLOCK LOT FRtD YOUNG COUNTY OR TOWN •I'O HOWARD H. ZEHNER Recorded At Request of The Title Guarantee ContPany RETURN BY MAIL TO: n r --- � STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS ROBERT W. TASKER, ESQ Distributed by 425 Main Street ME 77TLE GUARANTEE COMPANY Greenport, N.Y. 11944 Zip No. -- ------.. W u , � RECORDED z ^ o OCT 21 191 o �It+rff;b� v70 An t�` J 0 v ,J0. 2130 n LE S ER M. ALBERTSON Clerk of Suffolk County -� it, o r1• f' ,�� %"n• rr•� ,. /�!"� r• `l ^-�1 r" t- r r, ,� f I 1 M 1 � , t 1� •,,,1. f .!�.:;'1 IiI li• •�I � i l ,�I "1 SAW 44.1 "N 7.5 BLVD e S, 4 44.2 tG.SA(Cl 43.5 A(,) AO It 4 w 343A(c) COVE 2 Pon ftFtCEL NO PARCEL W 3 SEE SEC90.057 _Q;� !Z X SEC NO 057 -of-038 Io a KAnM L ME MATCH Z LINE LIKE 5r 331 TOWA Cr'SdUTNOLD- � PARCEL WL 6 IVT . SEE SF.r.W.053-05-0� SEE SEC W.053, \a ISLA— IT.0A(c) 13 Zi 24 t-i Tb pP E 5 c 0 v E SEE SEC V40 133 'QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATION FORMS 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 Ne 2 . a) Are there a-ny areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes Np Town Code , Ch . 97 for your reference . ) *b ) Are there any areas open to a waterway without bulkhead? Yes Nc 3. Are there ex.isting: structures at or below ground level , such as patios , foundations , etc? Ye Nb 4 . Are there any existing or proposed fences, concrete barriers , decks , etc? Ye 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 Ito . 6. If project is proposed for principal building or structure , is total height at more than 35 feet above O average ground level ? State total : ft . Yes Ne 7 . Are there 'other premises under your ownership abutting O 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 site plan Ye No Town Board Yes No Town Trustees wetlands and docks . No County Health Department pump out facility Yes No Village' of Greenport Pes Nc N . Y . S . D . E. C. wetlands No Other No 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers- and conditions of sale . (from contract ) . Yes No 11 . Is new construction proposed in the area of contours at 5 feet or less .as exists? - Yes ..No 12 : If new construction . is proposed in an area within 75 feet of wetland. grasses , or land area at aj 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 Yes No the requirements of Ch`. 97 of the Town Code ? 13 . Please list present use or operations conducted upon the subject property at this time marina and proposed marina *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 s in con i ering my . application . Sign cure (Prop-finer Authorized Ag 3/37 1 k a § 97-13 WETLANDS § 97-13 TOWN"— The Town of Southold. TRUSTEES — The Board of Trustees of the Town of . Southold. [Added 6.5.84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- _ 85 by,L.L.No. 6-1985]: 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 watery to a maximum depth of five (5) feet, includinK`but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All. banks, bogs, meado%vs, flats and tidal marsh - subject to such tides and upon which ;;rows 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 rnrrA landward edge of such a tidal wetland. B.: '`FR'SIMATER WETLANDS: (1) "Freshwater wetland," as defined in Article 2.1, Ti- tie 1, § 24-0107, Subdivisions 1(a) to 1(d).inclusive, ( of the EnvironmenLal Conservation Law of the State of New York;and . (2) All land immediately adjacent to a"fresh% iter wet- land,"as defined in Subsection Ii(1)and I v` n•ith- in seventy-five (75) feet landward of the most land- ward edge of a"fresh%%,ater wetland," 9705 2.25.85 , .,_ • Ii 0*44" v, •-ow i ,� i 3 I EMPLOYEE'S /1 14.1 C o PA RKI f`ICI rq no 1 `' �9 1s =XI5T, 2-000 SAS 91 e VZ-RT r T TN ZOU H' CLAYIC�N. To 5 N 5 R r 1J I3AC Ki-1LLEA VI/ / sAND • EX IS7- \ 200p jjn, SEPT/C T'INK I 9S 97 • _�.- 13 1q 15 1 1? z► a ;' I TOIL TS WO 0 DE D AREA �""'- • EX/sr. SC-PT/C t \ 8, . _ ; 9' DASHED A .•� SIGN z 3 q 5 �° _ TANK --� f ♦` T� L3E REMpV�� -- I 1 _ _ 31, I 51 52 so 3 - / I 22 it 23 29 25 2Co 27 59 55 SG 57 s g �. n 23 / 26 29 30 31 3 2 39 35 3� 3'7 3£� 39...... r 1 ` JI 128 12'I 12.C, Iz5 T�PyTIG I �,..� �3� 131 130 _ ...... _ F �; 11� 1zz `\ K --231 - — PARK, - IyO. z ?I , sPACEs ,S 135 13� i33 �5 ro EX/51' <1WI 4 \ I — — Jr0 TNROt�GH �I 138 i3� 13+D \, _. \ LEAG<l. F/ELD 1 1 ` 19 oETAI L I �� IVA1. I �` EX/sT I tg — —I , 0 98' I Q (02 63 &9 �5 FOR DRA1 �� \ K To BOAT RAMP-� I S OA8 Tr<E !►7 \ \ ` I 92 �C� 67 �g �9 7O 71 •7273 75 '7(. 77 7879 ® I I �. 80 81 .{ - (�+• , \ S�F O tt3 \ ` --_29_ — — — — 82 83 81 87 C I C • "=� vl�r �� T9 !12 \ • 1oS IG3 Q liI — — I _.�" ' �A -_2O' I Io9 I oe 10 l t o� 109 o PE S ,. yw `o c�0 Z'CATC H- r /1 To 111 QASIN �' I 1 NE v/ I I o DOC K 1 — — c; - — — WALK 7-O • m.. — --- ._.. __•_ -- •--. — • I I c30A T 102 101 • �1� RAMP I I 1°o 99 98 9� • - I 2000 AL, 97 95 99 E UNDCR-C�ROUND / 1 I 93 92 91 • WALK TO FO(� /O EXIST qP\S TANK fr�AT DRAINA E 10 Bcgj I SEE pE xf N0.'S �Z S50 L � Tu2oU9 H 79 ��L TANYMP pVr I I ® • I fsd° I e O To NO.'S 7,r- I °,Lr�11 .E I1j = zv` To NE1ni / •" '�{rtouc 87 NEW DoC►t H I oac K i to ' '�' O NS-W DOCK ! ' - \ HANDICAPPED PARKING _ — PARK. SPACES - 1Y0.)S /38 DOWN TO /29 \ PARK. Sf AcEs - NO. S 110 oowri ro �10(D log — — — \ l 09 l03 �loot LOG/ -� C�P To PERT PIPE �� L— .Ca > l _•_— / f f,� THIS POINT)<-"' / V I r _________-_ SHOP£ COLLECTION TRFNCfI ..-• � �-- \ ; I 9'' PERF. PIPE �c Gf'F � � BUMPER Loci (MIN. SLOPe ,05�� I / ( FROMB" PERF' PIPE y� PARK SPgCEs _ I�� , TfIE SOOTO \POINT To NO. S 102 TO 8 -- 1 J pARKINf) LOT/END OF DOWN 8 I �B u rn I-E r Lod LCACil. BAS/N — — , COLLECTION � - '� a �--� PARKING LOT DRAINAGE PLAN AND DETAIL BUMPI=R I PARKING LOT D RAI NACRE PLAN AND DETAIL *3IT - - - - - - - -_ PARK. SPACES - NO,'S 1Z8 DOWN TO III 9' "I LEACH. DASI N STONE SURFACE PAltHINgy scoPC BUMPER LOC.1 ----•v----...._.- ""-- — FILLED WITH DEPTH MMEtySION mRIP'BLE "'""� -- C/RAVEL O TO MEET CIRADE LEACH. C'IAS < - ._.._ -- N ccoPE - --- -- -'-_ �Lc�E PI PE NOTE: SUD-SOIL CLAY oS�) �- � To (oS' w�'PeR TYPICAL SECTION or PARKIN( LOT CO, \ AND COLLECTION TRENCH 0 q' q�', (n" oct8'' PERT PIPE t;NOT TO SCP.L-X) D U O MIN. SLOPE OT-61 VARiEIS PARKIN LOT DRAI NA E PLAN AMD DE TALI L �Z n i ScnLE I'' _ ►o' COLLECTION TRENCH \\\ QQQQOQQ[1� ---� CROSS - SECTION of LEAGNIN 6A`JIN5 s NOT TO SCALE 63584 OR EQUAL EFOR CONCRETE MOUNT e \ ABLE CURD. CASTINGS FOR OTHER TYPES % \ OF CURB AS APPROVED BY THE SUPT. OF HIGHWAYS. \ PAVEMENT.SURFACE .•� 2'-6n '�.. Feo-1 PRECAST AS MANF. BYSUFFOL O t"; c DRAINA CALCULATIONS CEMENT „F. -s; - CEMENT OR i, EQUAL 18i1 OF NEW req. I d proposed Bn 41_0u 01, �P�PgD H.2� yo Parking area (stone surface) storage vol. stclrage vol. 1� # 1 - 7040 sq. ft. (.16 A) x .3 x 2.5 x '3600 = 432 cu. ft. 480 cu. ft. Y CATCHBASIN DETAIL # 2- 21 ,000 sq. ft. (.48 A) x .3 x 2.5 x 3600 = 1296 cu. ft. 1280 cu. ft. o. 3 S pgliEJ31i)NAL t # 3- 31 ,200 sq. ft. (.72 A) x ..3 x 2.5 x 3600 = 1944 cu. ft. 32C10 cu. ft. REF. TOWN of SOUTHOLD HIGHWAY SPEC. 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