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r $ERRSouthold Town Board of Appeals �+ , MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3524 Application Dated June 10 , 1986 TO: Port of Egypt Enterprises , Inc . [Appellant (s) ] . Main Road Southold , NY 11971 Peconic Associates as Agent , Box 672 , Greenport , NY 11944 At a Meeting of the Zoning Board of Appeals held on July 31 , 1986 , the above appeal was considered, and the action indicated .below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] . Request for- Variance to the Zoningg Ordinance Article XI , Section 100-11S (B ) [ ] Request for . Application of PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance , Ar.tic e XI , Section 100-7-9--7 for permission to locate marine fuel storage tank structures in this " C-Light" Indus- trial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark , at 6230 Main Road , Southold , NY ; County Tax Map Parcel No . 1000-56-6-4 , 6 , 6 . 1 . WHEREAS , a public hearing was held on June 19 , 1986 , in the Matter of the Application of PORT OF EGYPT ENTERPRISES , INC . under Appeal No . 3524 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all those who desired to be heard were heard , .and their testimony was recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS., the board made the following findings of fact : 1 . The premises in question is located in the "C-Light" Industrial Zoning District along the south side of the Main Road (State Road 25 ) , in the Hamlet of Southold , and is identified on the Suffolk County Tax Maps as District 1000 , Section 56 , Block 6 , Lots 4 , 6 (record owner : Port of Egypt Enterprises ) . 2 . The subject premises consists of a total area of 10 . 5± acres (including land under water ) with 600± feet frontage [lot width] . Premises adjoining this property on the westerly side is presently owned by C & L Realty , Inc . . which was not made a part hereof. Existing are numerous buildings , all as shown on the site plan mapped April 19 , 1985 , amended May 29 , 1985 , prepared by Roderick VanTuyl , P . C . (CONTINUED ON PAGE TWO) DATED: August 8 , 1986 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3524 Matter of PORT OF EGYPT ENTERPRISES Decision Rendered July 31 , 1986 3 . By this application , appellant requests permission to locate three fuel storage tanks within containment walls with an overall outside dimension of 24 ' 10 " by 16 ' 6" , more or less , as shown on diagram dated October 31 , 1985 prepared- by Peconic Associates (A- 1 ) , with a setback of 13 feet from the edge of rip-rap along the water ' s edge at its closest point from the outside containment wall , and 23 feet to the first fuel tank , as amended . 4. Article XI , Section 100-119. 2 ( B) of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other. than the Long Island' Sound to be set back not less than seventy-five ( 75 ) feet from the ordinary highwater mark of such tidal water body , or not less than seventy-five (75 ) feet from the landward edge' of' the tidal wetland , whichever is greater . Relocation and installation of fuel tanks are required by Article 12 of the Suffolk County Health Code , which limits the distances between the dispensing pumps and fuel tanks , etc .., and must be installed in compliance with the provisions of the National Fire Protection. Association (NFPA) regulations and Tidal Wetlands- Land Use Regulations , 6 NYCRR. 5. It is noted for the record that actions have been taken under Applic.ations No . 3494 and 3495 by this board con- cerning similar relief, as noted therein . 6 . It is the opinion of the board members that it would be within the best interests and protection of the public , customers , employees , etc. , if the fuel -storage tanks were located in area more distant than the area chosen , as further noted below . In considering this appeal , the board finds and deter- mines that by locating the proposed fuel tanks with containment enclosure and fencing at a .distance , noted below : (a ) the variance will be the minimum necessary ; (b ) the circumstances are unique ; (c ) the practical difficulties are sufficient to warrant a granting of this variance ; (d ) there will be no sub- stantial change in the character of the district ; (e ) the relief as granted is not substantial ; (f) the circumstances are not shared by other properties generally existing in the neighborhood; (g ) that in view of the manner in which the difficulty arose and in consideration of all the above factors , the interests of justice will best be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr . Douglass , seconded by , Mr. Sawicki , it was RESOLVED , that a Variance for permission to locate fuel storage tanks within containment walls as shown by building plan view dated 10-31 -8.5 , prepared by Peconic Associates , Inc . , in the Matter of the Application of PORT OF -EGYPT ENTERPRISES , INC . under Appeal No . 3524 , BE AND HEREBY IS APPROVED AS' CONDITIONALLY AND SPECIFICALLY NOTED BELOW : Page 3 - Appeal No . 3524 Matter of PORT OF EGYPT ENTERPRISES Decision Rendered July 31 , 1986 1 . Subject to all agency approvals , including the N . Y . S . Fire Code , Suffolk County Health Department regulations , N . Y . S . Department of Environmental Conservation regulations , etc . 2 . Concrete flash wall on water. side must be the same height as tanks , or higher ; on other three sides , minimum of four feet high ; as well as 8-foot chainlink , slatted fence affixed into top of walls ; 3. Top of fence (wall ) facing water side must have barbed wire curl to prevent scaling of wall or fence ; 4. Setbacks to be : (a ) from existing stack-rack building 135 feet to west corner of tank and pump ; (b ) 77 feet from southeast corner of existing one-story motel building at closest point ; (c ) 35 feet from southeast corner of loading ramp sump no closer than 25 feet to rip-rap ; 5 . Proper diking and cement walls containment to retain any leakage of. fuels ; 6 . Signs to be placed on fencing identifying danger and requiring "no smoking" as per National Fire Protection Agency standards . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Doyen and Sawicki . (Member Grigonis was absent . ) This resolu- tion was duly adopted : f / 1 k GERARD P . GOEHRINGER CHAIRMAN August ,8',9.1986 v NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of the Town Law and the Code of the Town of Southold , the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road , Southold, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall , Main Road , Southold , NY on THURSDAY , JUNE 19 , 1986 and as follows : 7 : 30 p .m. Appeal No . 3489 - PAUL LEARY for a Reversal of Decision of the Building Inspector for Nullification of Actions to issue a Modified Permit and Demolition Permit , and that the property owners be left to regular procedures of law , to be allowed only after review by the Board of Appeals and in accord- ance with all provisions of law. Name of Owners/Location of Property : FRANK E . AND MARY BROPHY , 75 Second Street , New Suffolk , NY ; County Tax Map Parcel No . 1000-117-10-20 . 7. ( Recessed from 5/1 /86 ) 7 :40 p .m . Appeal No . 3499 - DANIEL AND LISA JEROME for a Special Exception of, the. Zoning Ordinance, for: app.r.oval of an accessory apartment pursuant to Article III , Section 100-30 (B) . Location of Property : 45125 Main Road , Southold , NY ; County Tax Map Parcel No . 1000-75-02-3. 1 . 7 : 45 p .m. Appeal No . 3502 - GREGORY FOLLARI for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for per- mission to locate new dwelling with an insufficient setback from Long'^ Island -Sound bluff. Location of Property : North Side of Sound Drive , Greenport ; "Map of Section Four-Eastern Shores " Lot #117 , Map No . 4586 ; County Tax Map Parcel No . 1000-33-1 -15 . 7 : 50 p .m. Appeal No . 3508 - DAVID MOORE for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 for permission to locate new pool , deck and fence areas with an insufficient set- back from Long Island Sound bluff. Location of Property : North Side of Soundview Avenue , . Southold , NY ; County Tax Map Parcel No . 1000-51 -4-17 . 7 : 55 p .m. Appeal No . 3515 - HOWARD REINHART and CHARLES HYDELL for a Variance to the Zoning Ordinance , Article XI , Section 100-118 (B ) and Article III , Section 100-30 (A) for permission to use existing building for woodworking shop and sales in this "A-40" Residential and Agricultural Zoning District . Location of Property : 43305 Main Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - June 19, 1986 Road , Peconic , NY ; County Tax Map Parcel No . 1000-75-01-16 . 8 :00 p .m. Appeal No . 3516 - ALBERT J . BODENSTEIN for a Variance to . the Zoning Ordinance , Article III , Section 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22 , 198.6 . Location of Property : 6135 Indian Neck Road , Peconic , NY ; County Tax Map Parcel No . 1000-86-6-19 . 8 :05 p .m. Appeal No . 3424 - ELEANOR LEONARD for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of two contiguous parcels, having insufficient area , width and depth . Location of Property : Along Right-of-Way off the east side of Bay Home Road (and along the end of Willow Point Road ) , Southold , NY ; County Tax Map Parcels No . 1000-56-5-39 , 40 , and 41 . 8 : 10 p .m. Appeal No . 3518 - MARJORIE D . PETRAS for a Variance to the Zoning Ordinance , Article XI , -Section 100-119. 2 for insufficient setback of proposed additions from bulkhead along Corey Creek , at 700 Koke Drive , Southold , NY ; County Tax Map Parcel No . 1000-87-5-006 . 8 : 15 p .m. Appeal No . 3505 - RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance , Article III , Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard setback . Location of Property : 1080 Maple Lane (a/k/a 55 Snug Harbor Road) , Greenport , NY ; Cleaves Point , Section 3 , Map No . 4650 , Lot 59 ; County Tax Map Parcel No . 1000-35-5-28. 8 : 20 p .m. Appeal No . 3513 - STEPHEN SHILOWITZ for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B) for permission to construct condominium complexes within 75 ' of bulkhead or tidal water . Location of Property : West Side of Sixth Street , Greenport , NY ; County Tax Map Parcel No . 1000- 49-01 -25 . 1 . Zoning District : "M-Light-Multiple . " 8 : 30 p .m. Appeal No . 3510 - RICHARD -AND RUTH ZEIDLER for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B) for permission to locate proposed pool , deck and fencing within 75 ' of bulkhea or tidal water . Location of Property : 100 McDonald ' s Crossing off the South Side of Peconic Bay Boulevard , Laurel , NY ; Edgemere Park Lots 12 , 13 , and 14; County Tax Map Parcel No . 1000- Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - June 19 , 1986 145-4-15 . 8 : 40 p .m. Appeal No . 3524 - PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (B ) for permission to locate marine fuel -storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland a.nd from ordinary highwater . mark , at 6230 Main Road , Southold , NY ; County Tax Map Parcel No . 1000-56-6-4 , 6 , 6 : 1 . 8 : 45 p .m. Appeal No : 3525 - PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning Ordinance , Article VIII , Section 100-80 (B) for permission to install /relocate marine fuel -storage tanks in this "C-Light" Industrial Zoning District , at 6230 Main Road , Southold , NY ; County Tax Map Parcel No . 1000-56-6-4 , 6 , 6 . 1 . 8 : 55 p .m. Appeal No . 3512 - SAMUEL BAILS for a Variance to the Zoning Ordinance , Article III , Section1100=31 , Bulk Schedule , for permission to construct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20% lot coverage and roof overhang will reduced sideyard setback to less than that permitted . Location of Property : 1980 Sigsbee Road , Mattituck , NY ; County Tax Map Parcel No . 1000-144-01 -015 . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings . Written comments may also be submitted prior to the conclusion of the hearing in question . For more informa- tion , please call 765-1809 (alt . 1802 ) . Dated : June 9 , 1986 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER , CHAIRMAN --------------------------------------------------------------------x ATTENTION NEWSPAPERS : Please publish Thursday , June 12 , 1986 and forward two affidavits of publication on or before June 17th to : Board of Appeals , Main Road , Southold , NY 11971 . --------------------------------------------------------------------x lk FORM NO.3 TOWN OF SOUTHOLD _ BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . ,r4l�l(J�TZ S✓ . . .z 2. . .,., 19Xo. To:/"tN. , Cl.Cr.C�l�Y S. . . . . . . - . ��7l���• .iTe[y. iv:;J. . . PLEASE TAKE NOTICE that your application dated . �MUA�S✓. . for permit to • l�-�i�(��NC� . .Fu�;G. .�.�.�'z .4�4� . .ll.Y �' 4/,,A7.10t. . . . . . . . . at Location of Property. 6sed; 0 . . . . . . . . �!!�! ./.<U.�1/-� . . . . . . . .5OU 1HOV9 . House No. Street Hamlet County Tax Map No. 1000 Section .d. J . . . Block . . . . . . . . LotC?d.4,► 4'3,,3 -0 SL Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds 1 -(. .r.4. . .(.... . .4141, T. .0 rs.7,�cc � '! •1�l c..0. �-�!I.T.G./•/�c. . .7. A:—a. . . o F. .Q.�: e 4Pw4 P-4. 1r d er ."1(/. . . Z�. .,�3.. . . . . . .1r..o�ir4��C�ts• ��/,moo �:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • Building r Inspecto RV 1/80 i t o a co//o/d= 6 w cce �l.e-P�-u-�-u • Ce--�-- �'.�,c ..Pce,��act' . RECOM TOWN OF SOUTHOLD, NEW YORK 1l"" AMP A 6FROM DECISION OF BUILDING INSPECTOR APPEAL NO** O Clerk Southold 9• 98b•DATE JIJNB.. ,..1. TO THE ZONING BOARD OF APPEALS, TOWN O F.SOUTHOLD,,N. Y. 1, (We) ..P.9.r:t...o.£...egyp.t..enterprises........... ..of ...1fA1-N--ROA ..... ...... ..... ........................ ..... Name of Appellont 4reet and Number SOUTHOLD;,.':L;. I... . :. .... ........................ NEW'.YORK. ......:.:HEREBY APPEAL TO .... Municipality State THE ZONING BOARD .OF APPEALS;FROM THE. DECISION :OF:, THE" BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ......... DATED ...JANUARY 22, 1986.................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO MERLON E. WIGGIN (PEDONIC ASSOCIATES), ........................................................................... Name of Applicant for permit of P. 0. BOX 672,..GREENPORT,..�:,...T.,.,..aFAW.Y.4M.....k1.944............................ .. Street and Number Municipality State ( X) PERMIT TO USE ( $ PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 623a•.MATN•,S-tOree;. SoVTHoLDs Use vl **NEW oo Zonin. Map p ......W2-Q33-Q.4........:.........I...................Current Owner PORT OF EGYP_T ENTERPRISES Map No. Lot .No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ARTICLE XI -- SECTION 100-119.2E 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A prev.ious,.appeal (has) (has not) been made with respect to this. decision of the Building Inspector or with respect to-this property. Such ,appeal was (X I request for a special permit (X ) request for a variance and was made in Appeal No. 3494.....................Dated •:APRFL••17y..1986............................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that PRACTIRAL FUEL TANK LOCATION WOULD HAVE INSUFFICIENT SEBBACK FROM LANDWARD EDGE OF ORDINARY HIGH WATER MARK. Form zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or. unneces- sary HARDSHIP because THE FUEL TANKS ARE FOR MARINE USE AND, THEREFORE, OF PRACTICAL NECESSITY LOCATED NEAR BOAT REFUELING DOCK. THE EXISTING TANKS ARE BEING REINSTALLED IN ACCORDANCE WITH ARTICEL 12 OF THE SUFFOLK COUNTY 'SANITARY' CODE. " THE LOCATION OF THE TANKS AND DESIGN OF ALL PROTECTIVE DEVICES HAS BEEN REVIEWED AND APPROVED BY THE SUFFOLK COUNTY HEALTH. DEPARTMENT (COPIES PREVIOUSLY APPROVED),. PLACEMENT OF TANKS A LONG DISTANCE FROM THE FUEL DOCK WILL NECESSITATE SEPARATING THE PUMPS FROM THE TANK REQUIRING THE INSTALLATION OF SPECIAL DOUBLE WALL FUEL LINES FROM EACH TANK._ THIS UNDERGROUND FUEL SYSTEM IS ONE @HAT SUFFOLK COUNTY HEALTH DEPARTMENT HAS ASKED US .TO AVOID IF PAOSSIBLE, SO AS TO DECREASE THE DANGER OF A FUEL SPILL. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because THE LOCATION OF 'MARINE FUEL TANKS ADJACENT TO MARINE FUELING DOCKS IS STANDARD AND COMMON PRACTICE AT ALL SUCH LOCATIONS, AND IS IN ACCORDANCE WITH CHAPTER 2 OF N.F.PA. 30=A:-, THIS CODE ALSO REQUIRES THE DISPENCING :PUMP BE..LOCATED 20 ..FEET FROM ANY ACTIVITY INVOLVING SOURCES OF IGNITION. (THIS WOULD INCLUDE VEHICULAR TRAFFIC). SEE SITE PLAN ATTACHED. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE'. THE' ,CHARACTER OF THE'DISTRICT because THE' TANKS ARE ALREADY IN EXISTANCE AND ARE BEING REINSTALLED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12 OF THE SUFFOLK COUNTY SANITARY CODE FOR THE PURPOSE -OF PROTECTING THE SURROUNDING WATER FROM A POSSIBLE FUEL SPILL . NOT APPROVING THIS REQUEST FOR VARIENCE AND NOT INSISTING THE WORK BE ACCOMPLISHED IMMEDIATELY, INCREASES THE LIKELIHOOD OF A FUEL SPILL THAT WOULD CHANGE THE CHAR- ACTER OF THE DISTRICT. LOCATING FUEL TANK AND PUMP SIGNIFICANTLY AWAY FROM ORDINARY HIGH WATER MAKES COMPLIANCE WITH NFPA 30-A PMACTICALLY IMPOSSIBLE. REHOTING PUMPS FROM TANKS IS NOT THE PREFERRED INSTALLATION BY-THE HEALTH DEPARTMENT FOR ENVIRONMENTAL REASONS. NFPA-30A ALSO IMPLIES THAT AN INTEGRATED SYSTEM IS PREFERRED. STATE OF NEW YORK ) ss ��,� / (/' .......................... . .... COUNTY OF' Signature Swornto this ..... .y ....................... day of.... ................................... 19 .......... . .... .. ........................................................... Notary Public MICI ELLE PELLETIER Notary Public, State of New York No. 4824987 Qualified in Suffolk County �,�/ Commission Expires Apr&30, 19Qo j TOWN OF; SOUTHOLD PROPERTY CORD CARD OWNER STREET VILLAGE DIST. ' SUB. LOT FORMER)0446� ' r? E ACR. . . S - W TYPE OF BUILDING RES. SEAS. , VL. FARM ,CQ-MM.) CB. MICS. Mkt. Value a . LAND IMP.' TOTAL DATE REMARKS � o0 ov — /v/ G D . �.30/ D u Ir. o 0 o ',eve) / 3 o2SLo0 26 o 2 0 6366 2 Lz E-sr• e2000-0 z a, 2 2-S6 7 r 7F 6�Ld `�o /Da •7.5 .— P273ri/ Q �fz F d yl m t��O4ASE� INP yi.r --i 7--- Jr r iTilloble FRONTAGE ON WATER t /Z g Woodland FRONTAGE ON ROAD Meadowla W DEPTH -louse Plot BULKHEAD otaI i 0 0' : i ■� 1NN■■ ■■■■■■om - ■!ii■i■N■i■�1 MENEM _Wit IN mom ■■N■■■iN■■■NOEM N■N■ice ` `' - ' � - ■■iiNii■■■Ni■i■■■■■■fit■■■■■■ �'■�■N■■�lN■■■■■�■■S ®o■ s• == �■momommmmmmmom INEWEREM■■ - - ■■■ ■i■iiNii■i■■■.■■i■■■■®iN ■■i�ii■iiNii■iN■NiN■■■ii ■�Ni■■■■■iifmi■i■i■Ni�■■i■ : ... - • �■ siiiii i"i��■■i■ i■■■r■■�!!■N■■■■■■■■� ■■■■■ 0 MUMMUNUMMIS ENE mom Basement Interior Finish lFir= Place . • Type Roof RMI-2 MeM MEN ENE Recreation Room • ; • •• ONE • TOWN OF S®66 THOLD PROPERTY RECORD CAR® -- m OWNER r - STREET VILLAGE DIST. SUB. - LOT . • / -—,( l7 FORMER OWNE N E ACR. �.40 Lt�iaH� ]] �, S W " TYPE OF UILDING _f Y`t-Cll� Eli r :� RES. SEAS. VL. !FARM CO CB. MILS. Mkt. Value LAND IMP. . TOTAL DATE REMARKS 7AIhq 4),b�-�, ., `A n / �SG24 P 526 ^ jc�fr�fc�lH �0 5'� 4 F -,.+moo-,orl�•'� C�YY ,-t ° dm .d 1VGC9 �5 AGE BUILDING CONDITION t NEW NORMAL BELOW ABOVE FARM Acre Value Per Vclue — Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD . _ Meadowtaaid DEPTH. v 1- Hoarse Plot BULKHEAD _Total DOCK TOWN SOUTHOLD � ® SUB. LOT " VILLAGE DISTRICT OWNER STREET -- - � � r � ' .w•-G -� �v�'7'11l_� t ��'I Cl ra 1 ACREAGE " 7 . !\�r� U L a�. LA E . N E FORMER OWN a E OF BUILDING S �u d CB.i IND I MISC. I Est. Mkt. Value FARM I COMM4 I . I RES. SEAS. VL.IMP. TOTAL DATE REMARKS LAND3Z o a D �y ,, ? to �r d7 �0 33ood`� ��� � a � cr Pa�da�-�I C,••`�O Cal t ' BUILDING CONDITION- AGE ABOVE FRONTAGE ON WATER �i f1l I = NEW NORMAL BELOW J Farm Acre Value Per Acre Value FRONTAGE ON ROAD �70. BULKHEAD Tillable . 1 DOCK Tillable 2 Tillable, 3 — :z -z � Woodland - ia- Swampland - CA& Brushland. House Plot ` Total t 1 COLOR TRIM �a��.".--.- rF a-•� -:'?e � :,. � � /� I I I I I I ! ..r'J I� n � j 1. I 'J � - S �:-.o'er'-a'..t - '}� •'. I '� I ;! i �� a��w'c�..:.�.�;��-�`,�a"� —sty r-"Tb'- -�.nar.•s.�.�+��'�'�"��._. "�*��- i �",I �I I i I ��_1 i i I I I ! � I i � F� •R�,,�.. t w ;.na:�� ,�:,,. �.yI P Bldg. e Ile GY,� .� �� tea ; %� 6s I , Iiz7 4,e - Extension C// Extension L�1t�`( IL I j Extension Y �undation j (Bath Dinette Porch �� X yy, 06 g-k!aqsement i Floors K. Pvch � .` 3 6 K � = •f��y' I ?Ext. walls Interior Finish !L R. � i 1 I Byway �J-- y�G '!Fire Place I Heat i DR. i i I S g� i yid 3ler Type Roof Rooms 1st Floor i BR. ,creation Room Rooms 2nd Floor FIN. B CLl3.' it �,1 YGG 1-- :Dormer i (Driveway j 1 I X fee✓ jso 12- 7�7 i _� e t' j I j _ I CJ X �J i Z 21 � 6 . S7� S /e •M. Bldg. � Foundation Bath: q Extension, 41f49 fob 7 Basement SLa Floors extension Ext. Walls Interior Finish Extension Fire Place ��o Heat 1?orch Pool Attic 7� /7/ Deck �� �G 4 3 J 3 Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garage O. B. /Z,57 / 3sa 4Z ofd Town Board ®f 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 TO WHOM IT MAY CONCERN : Enclosed .herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L . I . Traveler- Watchman , Inc , and Suffolk Weekly Times , In-c . Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience . Please be assured that your public hearing will not start before the time allotted in the Legal Notice . If you have any questions , please feel free to call our office , 765-1809 . ' Yours4RA ver�r I GD P . G0EHRfNGER CHAIRMAN Linda •Kowal ski Secretary and Board Clerk Enclosure L 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 September 6 , 1986 To : . Peconic Associates Inc . P .O . Box 672 Greenport , NY 11944 Port of Egypt Enterprises , Inc . Main Road Southold , NY 11971 Re : �' Appeal No . 3524 and No. 3525 Port of Egypt Gentlemen : Transmitted herewith for your record are copies of the recent response from the Suffolk County Department of Planning concerning their review. of the above applications . Yours very truly , . Linda Kowalski Board Secretary Enclosure COUNTY OF SUFFOLK a DEPARTMENT OF PLANNING (516) 360-5513 LEE E.KOPPELMAN OIRCCTOR OF PLANNING August 22 , 1986 Town of Southold Board of Appeals �CcG �o?S Applicant: Port of Egypt Enterprises, Inc.` Mun. File No. : 3524 & 3525 S.C.P.D. File No. : SD-86-20 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted, to the Suffolk . County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval'. Comments: The fuel storage tanks should be located in an area more distant than the area chosen as set forth by conditions imposed by the ZBA on 7/31/86. Very truly yours, . Lee E. Koppelman Director of Planning by GGN:jk Gerald G. Newman Chief Planner VCiTRRANS MRMORIAL HIGHWAY HAUPPAUGS.L.L.NMW YORK 11788 5wthaW 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 Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York, hereby refers .the following .to the Suffolk County Planning Commission : xx Variance from the Zoning Code , Articlexl Sectiorlob-119. 2 (B) Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3524 Applicant: Port -of Egypt Enterprises, , Inc. Location of Affected Land: 6230 Main . Rdo , Southold County Tax Map Item No. : 1000- 56-6-64, 6, 6.1 Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay , Sound or Estuary) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land ' Boundary of Existing . or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of .Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or. Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . '.,.. COMMENTS: Applicant is requesting permission tolocate marine fuel storage. tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland Copies of Town file and related documents enclosed for your review. . Dated : August 12, 19.86 Secretary , Board of Appeals � a 5�FF0il(� Vt a= 3 Southold Town �� � Board ®f 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 August 8 , 1 98 6 JOSEPH H. SAWICKI To : Peconic Associates , Inc . -- -- One Bootley Alley , Box 672 ._ Greenport ,. NY 11944 Port of Egypt Enterprises , Inc . Main Road Southold , NY 11971 Re : Appeal No . 3524 (Variance ) Gentlemen : Attached hereto is a copy of the official findings and determination recently rendered and filed this date with the Office of the Clerk concerning the above matter . In the event your application has been approved , please be sure to return to the. Building Department for approval of any new construction , in writing , or other documents as may_ be applicable . * If this application involves a pending subdivision or site plan , please return to the .Planning Board for further processing .by their of.fi.ce . Please do not hesitate to call either our office* (765-1809) or that of .the. Building Inspector_.:(765-.1802 ) if you have any questions... Yours- very truly , GERARD P . GOEHRINGER Enclosure CHAIRMAN_ Copy of .Decision to Building Department Vy7indaowalski Planning Board Suffolk County Planning Commission Y Page 13 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals 10 : 58 p .m. PUBLIC *HEARINGS - Appeals No . 3524 (Variance ) and 3525 (Special Exception . P,0`RT OF EGYPT ENTERPRISES. Fuel -storage tanks location in this "C=Light Industrial Zone" within 75 ' of wetlands . 6230 Main Road , Southold , New York. The Chairman read the notices of hearings for the record . The reading of both applications was waived and authorized by those present . The hearings were opened simultaneously at_ 10 : 58 p .m . _. CHAIRMAN : . I . have the map in front of me which is the same map that you gave us the last time , which was amended May 29 , 1985 , and_ it indicates the area in question .and pretty much the entire marina , and I have a copy of the Suffolk -County Tax Map . Would you like to be heard? _ MERLON E . WIGGIN , P . E . . Thank you . I know . it ' s. getting late so I ' ll be. very brief. A couple of things I thought might help clarify the application and add some additional information as to .why we felt -it .should be located nearer where. it i_s . First of all , this is a reinstallation of existing tanks . I t.h_ink part of the notice in the first time was a new installation . It ' s not . The tanks are in existence the same -number, and will be reinstalled (at an alternative location ) primarily because of meeting the requirements of Article 12 of the Suffolk County Health Code , which requires berms and retaining .walls and special distance as far as tanks and so forth. CHAIRMAN : Where are the tanks now? MR . WIGGIN : The tanks now are on the east side of the property on the other side of .the basin . CHAIRMAN :. All right. MR . WIGGIN : And they have not been installed properly as per the Suffolk County Health Code . We ' re in a .little bit of a dilemma as far as trying to meet all the codes . This present installation location has been approved by the D . E . C: and the maintenance section of the Suffolk County„ Health Department. And this application has been kicking around with for almost a year now., and the last ( ) that the Health Depar.tment insisted upon was that no ..buried fuel lines as part of t_he installation , and therefore the dispensing pumps is _adjacent to the tanks and Page 14 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals"No . 3524 and 3525 - PORT OF EGYPT hearing , continued : ) MR . WIGGIN (continued ) : the fuel lines are overhead . Also , NFPA' s Section 30A makes specific reference to marine tanks and dispensing pumps , and they like to integrate it--in fact the whole regulation is written around integrated tanks . That means .the dispensing pumps that ' s next to the tanks . In fact they even recommend that they cannot be next to the tanks, that they even consider relocating the tanks out on the pier or bulkhead into the water , rather than having a long. distance _between the dis-' pensing pump and the tanks .. _... CHAIRMAN : Can you give us a copy of that--that ' s. very interesting . MR . WIGGIN : ' Yes , 'I can . In fact -- E BILL LIEBLEIN : I ' ll give him this copy. MR . WIGGIN : Bill Lieblein has a copy and I can. leave that with you. What we tried -to.. d.o to --by the way_ -if we remot.e the dispensing pumps from the tanks and separate .- -there was some discussion indicated they would like t_o see-- this means this would be a vehicle roadway be the pump and the tanks , and on that roadway goes forklifts , cranes , and so forth . The fuel line under . the. r.oadway would have to be specially built ,. double walls with monitor systems . Also the NFPA requires that at the junction of the shoreline and the dispensing line , there be another special valve to be installed so that you can shut off the lines from the tanks and the dis.pensing pumps closer to the-- shore than the tank would be . What we tried to do is , we submitted mor.e: detail. ' of the site plan location , and the change we had made , we wrote to you the fuel _tank installation 90' to the water to keep the gas tanks further away from the boats than they were before__, and also we ' ve showed the actual distances between the tank berms and the shoreline and show where the floating docks would be . This is kind of 'a compromise between the NFPA and the requirements of the 20-foot dispensing lines , and now requires extensive pump .line of abut - 25 feet . If you go further away , you cannot see, the tanks meters , because that is a concern as far as the. NFPA is concerned . And if you put the dispensing pumps again , on the bulkhead on the water itself, then you ' ve got the hazard which the D . E . C . and the Health Department asked us not to do . So that creates a dilemma as to- which way we ' re going to go . Does that help clarify some of the concerns as to why the tanks were located Page 15 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT-hearings , continued : ) MR. WIGGIN (continued ) : where they were . We tried to respond to everybody and say the principal criteria that we are r..egbired to meet was the Suffolk County Health Department . If we relocate it separate , then we have to make a new application . CHAIRMAN : When you say 13 feet from the water , are you referring 13 feet from the , I guess you would call it cliff? What do you want to call that? BILL LIEBLEIN : We. got a permit from the D . E . C . ,. Corps of Engineers , the Town -Trustees , to use_ rip-rap to fortify or eliminate the erosion around the edge of our b.ulkhe_ad . . The rip-rap that we ' re using is the Jockey Creek Bridge . And I--that was the first section that I put. this installation in , because I knew that ' s where we wanted to put the fuel tank , and I ' ve since started another area where I actually got the top soil down and the grass; seed planted . We measured back from th-e edge of this column--what we ' re doing is we .:are using large blocks- of stone underneath , and capping it with a nice straight line using the pier and then coming back from that. That ' s. where the 13 feet is . MR. WIGGIN : From the top of the new bulkhead . MR. LIEBLEIN : What we tried to do is address-- Bob and I had a long conversation when he came down , and then I got together .with Merlon and found out that we would have to go through the whale process again , Number One, and Number. Two , that they really--they--the Board of Health would prefer to see everything attached . to the lines underground, so- I proposed that we turn the fa,iclity 90°_ to move th_e gas tanks back further . We also measured__ ex_actly how far it w_oul'd be from the actual boats that might be fueling up , and the boat was tied up , there ' s the five foot dock., and then we measured to this column and it was another eight feet ,cand i t '_s 13 feet to the edge o=f the_t_ank,_ and then the first fuel tank is another 10 feet, and if you add all that together , 'it roughly comes out _to 36 feet , which is essentially ten feet more than it was before . The second tank is 20 feet away . Prior to coming in , prior to seeing Merlon , I just .kind of put some thoughts down on a piece of p_aper,.. some of which are repetition of what Merl said, and I would like to kind of go through them. There might be some additional clarification . Our original application was based on detailed plans that were reviewed and then revised by the County Board o,f Health and D . E . C . Both from the planning view. of non-pol_lusion and safety and so on . Page 16 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR. LIEBLEIN (continued ) : And as I just said , based on your concerns and my discussions with Bob about closeness to the boats , we came up with the rotation of 900 to get the greater distance . I just went through the dimen- sions , we ' re about 36 feet back to the first fuel tank . Relocating as suggested to 65 feet will require the underground pipes , which Merl talked about . and the resubmittal . So since the Board of Health would prefer to see them as close as possible , and I had referenced the. .NFPA, which Merl has already brought up and when. I ' m. fi ni shed , I' ll give you this copy_ which Merl had given .to me-- r " . . . Tanks supplyingmarine service stations and pumps_ .not integral with ' the dispensing unit - shall be on shore or on the pier of solid fill -type , except as provided in (a ) and (b) . . . (a) Where a shore location would require excessively long supply lines to dispense the authority having jurisdiction may authorize the installation of tanks on a pier provided that the_. applicable portions o-f NFPA, s et cetera , et cetera , 'are followed . This is one of the key things . They' re saying, "Move the tanks out next to the pumps-- don ' t move the tanks way back in the inner lands and run more pipes out to--it . " I think what we propose is a compromise that accommodates both requirements as closely as possible . For economic reasons , we closed down our rental operation because the cost of insurance has gone up as everybody knows and the demand for. both rentals is-. going down in _general and of course the brown. tide last year and again this year, if we ha-d tried to rent boats., it didn ' t help a thing. We moved our bait and tackle operation over to our fish market so one person can handle both rather than running two separate operations . So what we end up with now is every time somebody_ wants gas , we 've got to send someone over there-.-a.11 of which has nothing to do directly with this., but it '-s one of the reasons we ' re anxious to get it moved . Second of a.11 , _as you know, you have on your pending list an application for a motel , which is what we deeded would be the most logical use since we ' ve been in the service business there for 40" years--motels or a service business would seem logical to us to perhaps go to that . We haven ' t done anything .on it recently . We haven ' t been back to you because the Master Plan is_- coming down the roa.d and we thought we might as well just wait and see what happens there . But that ' s another reason not to leave the fuel tanks where they are , not to reinstall them where they are , because if we want to build a motel there , and you ' ve got gas tanks , that ' s not very compatible-. And another thing_ i. s where we have the tanks proposed now , .they ' re as far as possible from our Page 17 - June 19 , 1986 Transcript of Public Hearings Southold Town .Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR . LIEBLEIN (continued ) : large storage building , which is where we ' d like to keep it. (changed tape to Tape #4) MR. LIEBLEIN : In the event that you can review this and perhaps act favorably on it, we would appreciate it natur.a,lly , as soon as possible since we '.were .workin_g on it f.or six' or_. eight 'months now. We had hoped to have it done in March so it would be ready for the season ._ Obviously that isn 't going to happen.. We were _hoping to get in operation before the season is over . A choice I would probably choose if ,I could would be just to forget the whole_ thing except that we ' ve go_t almost 200. boats i n our marina. . Alb ertson .Marine doesn '-t. have a fuel facility. And so a lot of his customers come to us, and the next nearest facility is to _go out and to go into Goldsmi.th '-s and that ' s a tight entrance over there . Wfth that number of boats ; 'it 's economically feasible to do it , but it ' s. not a great money maker. In any case it ' s a headache when- a person. comes to you and says , I.' ve got water in my fuel and it 's your fault even .though he may have gotten it through his vent or whatever . Some cases , you ' re better off if you don 't sell it if you ' re i.n the marine business . I just don ' t feel we can .r_un our operation without having fuel for our cus- tomers . So , we do have to proceed on it. We ' ve had our present facility where it is for 40 years without a problem . . And it has;.been--now defi.nitely__ doesn ' t comply with whatever the present codes are . I mean it was done over the years-- it was the logical place to put it because you were going to pump the gas---you m.ight as well have everything right close together . It happens that the facility where sits now is probably about 15 feet from the back wall of the Arrow Bar and about 15 feet from the back wall of our_ li_ttle fishing station . So our feeling is we are making an _improved .facility , and it ' s going to be a lot safer out there in the open than it is between .the two buildings where it is now. And I guess I don ' t have any other comments to make at this time, and I would be happy to try and answer any question that you might have . CHAIRMAN : The only question that we really have is the question when we sent Mr . Douglass down . How do y_ou concur with this new plan , Bob? Page 18 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearin-gs , continued : ) MEMBER DOUGLASS : Let me think about it for a while--especially that underground regulation . MR. LIEBLEIN : I would appreciate it , Bob , if you could come down again and look at it when I ' m there . CHAIRMAN : Are there any stakes , Bill , where we can--I ' ve been down there twice and I still have trouble. locating it. MR . LIEBLEIN :. You won 't. have trouble any more . Because we had the permit from the D. E . C. and we' had the permit from the. Trustees . j Subs.equent -to� your first hearing, Merl was there and my brother- in-law Ace was chosen to be there that night -I don ' t know where I had a meeting or something else or what. B_ut he came and I didn ' t come . And they indicat_ed .that there didn ' t appear to be any question . So I ' m sitting here saying , the sooner we get this thing on the line the better , so I dug t_he hole and backfilled it with sand so it could start settling:._: So tha_t' s. there now. There ' s no uesti on_.. where i t ' s. suisn ' t, q pposed to go . If it approved , 'and we don ' t. do it at al_l then . we just f.i.l 1 the hol e and that ' s. the end of it . If .it i-5 approved ,-- all _I _have to do is put the forms in __and get _started on_ the cons_tructi on . So there 's no .question about where it is now. Except .that the hole is a rectangle which sits this way to the bulkhead , and obviously if you. approve and say , yeah-, turn it 900 , we ' ll just turn it and i.t ' s going to _come back further the other way . And that ' s what we would do... We would just turn it , push it over to the west as far as possi.ble,__ and- then it wo,ul-d project back . -And it would __be out of bur._ w' ay. ' One of-.the o-ther thoughts that came to our mind , 'and -I didn ' t even mention it to Merl , I don ' t know -whether and under your concern , main concern is an explosion-- I take it Ok . And I don ' t know if we said , ok , we have to for the Board of Health purposes , we-' ve got to have the wall high enough so that if _one _of the tanks leaks it will contain all the fuel that ' s in . that tank and then you can do something about it rather than have it leak into the Bay . I don ' t think the Board of Health would have any objection to making the wall higher if you said , well , for last protection if it blows up , it can ' t go. o_ut , it has to- go up , if wei.made the re-enforced concrete wall higher--that ' s something .that I would - consider. If Bob came down , and we looked at and said , Gee , if you made it a foot or two higher , and then you came through and said we approve of this location , but we want you to make the retaining wall higher , not to be a retainer , but more as a protection against explosion , that isn ' t going to cost us all that much , and do you think that would be a problem for the Page 19 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR. LIEBLEIN (continued ) : Board of Health if it was higher? MR . WIGGIN : No , they have no objection to that. MR. LIEBLEIN : As long as it ' s. h'igh enough to contain and . that it meets thei:r requirements , and i.f you folks , 'just because we want to make it a__ 1 i ttl e safe,r_..; do__ t_hi s ,__ I_..woul d be happy to talk with Bob at any time--you know that, *Bob.._ Other than a j Sa.turday and a Sunday. If .you come down Saturday , come early . CHAIRMAN : The last pitfall question , and that is , how far from the bulkhead .or whatever we want to c.a.11 this ret.aining. wall that you ' re building now--could you do it and st.i,l1 pump the fuel and keep the p._i pes._. above the__._ ground? { MR . LIEBLEIN : I mean we could move back a couple of feet and it wouldn ' t. make all that much _difference . If' you , look ._at that and_ what happens.., we ' ve got an isl and of boats ' that comes down and we kind of drive aro op und- pele come in with a trailer and unload them and drive right around . We drive down with the fo_lklift to set , boats down for winter storage . And there ' s a ._lot of traffic through there . Well , 'if you started moving it over and you ' re trying to move through_. with the crane and, the boat hanging in the s_li'ng crossways or a forklift with a boat crossways , the further back you come , you_' re ..go.ing to have less boats at the other side . I mean , it isn ' t. critical . Another two or three feet would . not make that much difference . The only ting is , then you ' re moving . the pumps back and you ' re going to have a longer hose and you_`ve . got to squint a little harder how many--am I $30 even, or whatever . .It '_s. an ins._urmountableproblem. And_ i.f that ' s. what it took , then.. we would. move it back two or three feet . MR. WIGGIN : The NFPA recommended 20 feet from the hose to the dispen.s_ing pumps , .:and we ' re going somewhat beyond that because as you can see in the document, _they say , take care of the rise and fall of tide and . the floating dock , if you add another section of hose to it to provide that, it st.i.11 makes you kind of ( ) of the tanks and the pump integrated . MR . LIEBLEIN : If we put it in with the, 13 feet from the front-- where that column is now , which marks as fa_r as I ' m concerned-- that ' s like a bulkhead almost, from there back it ' s, 13 feet to the concrete enclosure . _ The tanks , the pumps would be in front Page 20 - dune 19 , 1986 Transcript of Pu_bl i_c. Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR. LIEBLEIN (continued ) : of that and they ' re probably about two or three feet closer to the water , which means it would be 10 feet from where the pump--the hose is attached to the pump to the bulkhead , 8 feet o.ut , and another 5 feet , which comes out to 23 feet . Now if you ' ve got a hose 23 feet l.ong , you can ' t pump gas . If you have a hose that ' s 25 feet , you got to get that boat exactly right , so that you can get the pump right in there--and if' you_' ve got two' boats _.gassing _up at the same time, and you 've got two pumps pumping , obviously the two pumps are next to one another unless they ' re both filling _.. in from .the_.. stern , there ' s. no way. . So you ' re going . to 'wind .up with about 25 or 26 feet of hose already. If' you move the whole thing back further, 'i.t won ' t happen--it.'_11 be. worse than that . _. Now another possibility would be , I don ' t know whether this requires complete redesign by the Board of Health , but if you moved it back and brought the tanks out above ground and- moved this enclosure back three feet but left the pumps a little closer and.. had three feet of_ exposed _pi_pe , whether they would .say that ' s ok-- I don ' t. know the answer to that question . I don ' t care if the hoses are- a little bit, longer myself, CHAIRMAN : Well , we ' ll come down and look at it , Bill , know that. you ' ve got eve., ,a.l 1 done , and we.'.11 do the best we possibly can for.. you . 1 t, wasn ' t. that we didn ' t understand it before--it ' s just we .were trying to protect everybody to be honest with you . MR . LIEBLEIN :. And I 'm sure even if I had been here , the same thing would have happened , and questions would not have come up . We want to .provide a good facility. We want to work with the Town . We want them to be safe . We don 't. want to get k.i.11ed either . Nobody-..wants to be killed . ' We want to make it a,_s safe an operation as possible . I will mention that if I take a day off,. Tuesday is my Sunday . Other than that, I ' m there unless I 'm out - bringing a boat into town for something . Bob , 'are- you saying that you_ can come down this Saturday morning? MEMBER DOUGLASS : Yes . I ' ll come down . And if Jerry can come down-- MR . LIEBLEIN : I ' 1 .1 definitely be there all day Saturday . ' I mean , - I ' m there every day , but I ' ll definitely _be there on Saturday or Sunday . Occasionally I ' ll come into town and pick something up , you know . I would ._hate to 'have you guys comedown and then we don ' t get together . ' If it ' s. a situation where if' you ' re coming Page 21 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) MR . LIEBLEIN . (continued ) : down , you give me a call and say , be sure and be there-- I ' m going to be down at lunch time today or 11 :00 , I ' ll make myself available . CHAIRMAN : Why don ' t you go down , Bob , and then I ' ll go down myself , and then we can compare notes , all right . If you c.an make it down Saturday morning , try to make i.t_ down as. Bi.l_1 say early. MR . LIEBLEIN : The only reason I say that is the-- MEMBER DOUGLASS : Well it must get very busy after a certain hour. MR . LIEBLEIN : After about 9': 30 or. 10 :00 , it gets a. little hectic. I ' ll just tell the customer :I' v� . got to ' t,aIk , to' you.__ MEMBER DOUGLASS : I .can get there at 9: 00 . MR. LTEBLEiN : That ' s. super . I appreciate youf putting us right back on ri gh-t_ away . MR. WIGGIN : We enter the same comments simultaneously for both the variance and the special exception ., : W.e :waitedhfor ; tie. variance assuming that_ that_.'. s. where the primary_ concern will come . CHAIRMAN : We opened both at the same time . MR . LIEBLEIN gave the board a copy of the regulation previously disc.ussed to .Member Douglass . CHAIRMAN : Thank you . Nice seeing Iyou , gentlemen . Hearing no further , I ' ll make a motion closing the hearing . MEMBER DOUGLASS : Can I ask--maybe tomorrow , just out of curiousity , give the Board of Health a call- and ask them about your recent discussion-- MR. LIEBLEIN : Move them back a little bit and having them above ground where we don ' t have to drive over it . - MEMBER DOUGLASS : Yes . I think probably the regulations will be entirely different where you don ' t have to put transportation over the top of it . Page 22 - June 19 , 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No . 3524 and 3525 - PORT OF EGYPT hearings , continued : ) - MR. WIGGIN : I think I can answer that , Bob. . Their concern was to separate where there ' s transportation and put an underground fuel line between the dispensing pump and the tanks . If there was a few feet separation betweeh:..the retaining wall and the dispensing pump , I ' m certain that this would not require any reapplication . MEMBER DOUGLASS : Thank you . MR . LIEBLEIN : I was about to say that in All things like this , ' I was thin.kfng about it with this _cou.ple ahead of me , that when- you get a lot of heads together' you . some_times come up with a solution that ' s_ better than any one individual would come up with . The thought that just occurred to me i-s maybe__ we should- build up right at the top of the bulkhead with the dispensing pu-mps right out where that column is now, above ground or- whatever , and that way the hose will_ be shorter, but th_e other pipe will be a -- r we ' ll work on it_. Talk to you Saturday ,. Bob. Thanks . CHAIRMAN : I ' ll make a motion closi.ng the hearing and reserving decision . MEMBER GRIG.ONIS : Seconded . This resolution was duly carried to conclude the hearing , reserving decision until a later date . Respectfully submitted , Linda F. Kowalski , Secretary Southold Town Board of .Appeals See additional pages of transcript on other hearingEs] ' al-so attached . ) �oS�FFoLA-C= �oG y z y Ln T Southold Town Board of Appeals � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD June 25, 1986 MEMBERS GERARD P: GOEA-INGER, CHAIRMAN CHARLES GRIGON IS, JR. S.E.Q.R.A. SERGE DOYEN, GL NEGATIVE ENVIRONMENTAL DECLARATION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice Of Determination of Non-Significance APPEAL NO. : '35-24 ...... ...... PROJECT NAME pp:R:T. OF' EGY'PT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take- further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar. project. TYPE OF ACTION: [X.J Type II [ ] Unlisted [ ) DESCRIPTION OF ACTION.: Variance to locate fuel -tanks with an insufficient setback from tidal wetlands. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 6230 Main Road, � Southold; 10.00-56-6-.4, 6, 6.1. REASON (S). SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple mented as planned; (2) The relief requested is a setback variance regulated as provided in Section- 617.13 of the SEQRA, 6 NYCRR. FOR FURTHER, INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. �' *•- --• conclusionofthehearing►nques- from the closest northerly prop- hDiatrict:"M-Light-Multiple.' F Q'%; lion. For more information', NOTICE OF, ., ;'„`I erty:line as _L__ n by sketched .830 p.m. Appeal No. 3510 -'3 please call 765-1809(all. 18021. HEARINGS' I survey date( it 22,1986.Lo-. RICHARD AND RUTH Z@ D ted:Jame 9, 1986 . NOTICE IS I-IEREBY,GIVEN,'`i cation of Pr.,�,....y: 6135 Indian DLER for a Variance to the Za BY ORDER O)< pursuant-to Section 267 of the Neck Road,Peconic,NY;County: ing Ordinance, Article XI, Sec-l THE SOUTHOLD TOWN Town Law and the Code of the, ., Tax Map ParcelNo. 1000-86=6- lion 100-119.2(B)for permission• BOARD OF APPEALS Town of Southold,the following , 19.' to locate proposed pool,deck and GERARD P.GOEHRINGER public hearings will be held by ; 8:05 p,m. Appeal No. 3424 - fencing within 75'of bulkhead or. CHAIRMAN the SOUTHOLD TOWN; j 'ELEANOR_ LEONARD for a. tidal water.I*ation of Property:' 1TJ 12-5283 BOARD OF APPEAIA at the Variance to,the Zoning Ordi- 100 McDonald's Crossing off the Southold Town Hall,Main Road;'.•,:, nance,'Article III, Section 100- 'South Side of Peconic Bay _ Southold,NY at a Regular Meet- ' 31;B4Ik Schedule,for approval Boulevard Laurel, NY; Edge- ing of the SOUT14OLD TOWN ; of two continuous parcels,having;,;:,mere Park Lots 12, 13, and 14; aVSOri of Greenport, in BOARD OF APPEAL S'Iat the I" insufficient area; width an , County Tax Map Parcel No. 'I ng duly sworn, says that he/she is Southold Town Hall,Main Road,-'. depth. Location of Pro ert .(' '",!JQ -145-4-15. Southold, NY on THURSDAX; I "Along Right-of--Way off the east`>! `8:440 .m: Appeal No. 3525 )f TEE SIJFFOLi'�TIMES, a Weekly JUNE 19,198B and as follows:;:;• :side of Bay, Home Road (and`'.'¢<:f'QRT OF EGYPT ENTER 7:30 p.m. Appeal.No. 3489' along the end of'Willow PoinC' .;;I'RISES fora Variance to the )dish®d at GreenpOrt, In the Town PAUL LEARY for Reversal of Road), Southold, NY; Count ;' Loning Ordinance, Article XI, aunty of Suffolk and State of New Decision of the Building Inspei,,� '• Tax Map Parcels No. 1000-56-5- "� Section 100-119.20 for permis- for for Nullification of Actions to' i 39;40,and 41. Sion to locate marine fuel-storage he Notice Of which the annexed Is issue a Modified Permit'and De- 8 10 p.m:.Appeal No. 3618 - tank structures in this"C-Light" has been regularly published In molition Permit, and''that the MARJORIE.D.PETRAS for a• Industrial Zoning District with property owners be left to regular :� Variance to the Zoning Ordi- procedureseach of law to.be,allowed nance, Article.XI, Section 100- landward edge of tidal wetland Vel commencing on the 12 only after review by the Board of 1 119.2 for'insufficient setback of and from ordinary highwater y' 86 Appeals and in'accordance with proposed additions from bul- mark,at 6230 Main Road,South' I 19 all provisions of law.' Name of-'. khead along Corey Creek,at 700 old,NY;County Tax Map Parcel _ Owners/Location of Property: No. 1000-56-6-4,6,6.1. . •.Koke Drive, Southold, NY; FRANK E. ' AND MARY; County Tax Map Yarce(;iNiu: 8:45 p.m. Appeal No. 3524 - BIdOPHY, 75 Second Street, 1000-$7 5 006.. PORT OF EGYPT ENTER- New Suffolk, NY; County Tax' 8:15;.p.m. Appeal No..3505 PRISES for a Special Exception ' (• Map Parcel No. 1000-117710 RALPH AND- LUCILLE to the Zoning Ordinance,Article principal Clerk 10.7.(Recessed from 5/1/86) STOCKER for a Variance to the VIII, Section 100-80(B) for per- 4 p.m. Appeal. No. 3499,= Zoning Ordinance, Article, III, mission to install/relocate /� DANIEL AND LISA JEROME Section 100-31 for permission to arinefuel-storage tanks in this me this for a Special Exception of the, locate proposed new dwelling 'C-Light"Industrial Zoning i s- Zoning Ordinance for approval'of with an insufficient frontyard trict,at 6230 Main Road,South- an accessory apartment pur- i setback. Location of Property: old,NY;County Tax Map Parcel WRY l)g,DEGNAU suant to Article III,Section 100- 1080 Maple Lane(a/k/a 55 Snug I No. 1000-56-6-4,6,6.1. f� NOT IV PUBLIC StAO 04 P4@rj Yorh 30(B). Location of Property: Harbor Road), Green port, NY; i 8:55 p.m. Appeal No. 3512 - y011gll(Count No.4849860 45125 Main Road,Southold,NY; Cleaves Point, Section 3, Map SAMUEL BAILS for a Variance Term Expires FebruaW9,19,33) County Tax Map Parcel No. I No. 4650, Lot 59; County,Tax to the Zoning Ordinance,Article . 1000-76-02-3.1. Q Map Parcel No. 1000-35-5-28- l III, Section 100-31, Bulk 7:45 p.m. Appeal No. 3502.- I 8:20 p.m., Appeal No. 3513 -' :i Schedule, for permission to con- GREGORY FOLLARI for a STEPHEN SHILOWITZ fora ( struct deck addition and roof over Variance to the Zoning'Ordi- Variance -to the Zoning Ordi- I cellar stairs which exceeds the aance, Article XI, Section 100- nance, Article XI, Section 100- 1 maximum-permitted 20 percent 119.2 for permission to locate 119.2(B) for permission to con= I lot coverage and roof overhang, new dwelling with an insuffi- struct condominium complexes with reduced sideyard setback to cient setback from Long Island within 75' of,bulkhead or tidal less.than that permitted. Loca- Sound bluff.' Location of Prop- water. Location of. Property: tion of Property: 1980 Sigsbee / art North Side of Sound Drive West Side of Sixth Street,Green' I Road, Mattituck, NY; County •3r enport;"Map of Section Four port, NY;County Tax Map Par- 1 Tax Map Parcel No. 1000-144- Eastern Shores"Lot no.117,Map-No.4586;County Tax Map Par e eel No. 1000-49-01-25.1. Zoning 'j 01The Board of Appeals will hear cel No. 1000-33-1-15. at said time and place all persons 7:50 p.m. Appeal No. 3508 I or representatives desiring to be DAVID'MOOREfor a Variance heard in each of the above hear- .o the Zoning Ordinance,Article j ings. Written comments may XI,Section 100-119.2 for perrimis- also be submitted prior to the sion to locate new pool,deck and fence areas with an insufficient setback from Long Island Sound bluff. •Location of Property: ` North Side of Soundview Av ' enue,Southold,NY;County Tani Map Parcel No. 1000-514-17' 7:55 p.m. Appeal No. 3515-.:- -1OWARD REINHART and ;HARLES HYD ELL for a J 'Zoning Ordi- :ance, Article XI, Section 100-' 1.18(B) and Article 'III, Section 100-30(A) for permission to use ,xisting building for woodwork- rig shop and sales in this"A-40" residential and Agricultural; zoning District. Location. of l Property: 43305 Main Road; i Peconic, NY;. County,Tax Map 'arcel No. 1000-75-01-16. ' 8:00 p.m. Appeal No. 3516 4LBERT J.BODENSTEIN for Variance to the Zoning Ordi-.. :anco,Article III,Section 100-31 �'.l N0TICE`jS14EREBY GI:V-1'J,� EN;pursuant to Section 267 of 4 1 CO U NTY OF S U F FO L K theTown Law de an. the,Co of s.; ss: the Town fof So`uthold 'thel CTATc ne "1cW,PORK following public hearmgs,wtll be;;.+l 8:00 P.m.:;Appeal•No.:351., y . ALBERT J.BODENSTEIN-fo�. held••• b the;;;,•SOUTHOLI)•�'q�••' DOWN BOARD OF;APPEALS'..`;: a.Variance to the Zoning Or;�i at the Southold'•`•Town Hali;: `;{ dinance;','Ariicle III, Se'etiai2 '• . Main Road,Southold, NY at 100-31ifor permission`to'con= emg duly sworn, says that she is the a;; struct.additionwith.aninsuffi-.. JG ISLAND TRAVELER-WATCHMAN Regular. :;,Meeting�,,of,,,,ahe. .;'' ,� „ , SOUTHOLD.TOWN BOARD,,'. '..'••ctent setback.from the closest: printed at Southold in Suffolk Count OF APPEALS`at the•Soliiliold '.•',,northerly property line as shown•. . ' y' Town' Hall,' Main Road, by sketched survey dated April, )f which the annexed is a printed copy, Southold;NY.onTHURSDAY, ?, 1986.Location of Property.` in said Long Island Traveler-Watchman JUNE 19, 1 986 and'as follows 61,35 .'Itidian Neck; Road' weeks 7:30 p m Appeal;lvo '3489 Peconic,NY,-County Tax Iv1ap . PAUL LEARY'fora Reversal of Parcel.No.'1000-86-6-19. : / ___----.---..__�. 1._ __�: '8:05 p.m. Appeal No. 3424- Decision of the Building Inspec g icing on the . . . . . . . . . . . . . . . . . . . for for Nullificativn_o Actions:; :�, ELEANOR LEONARD for it dinance,' Articlr riance -to' �ni Or.; .• �iG to issue a`Ivlodified Permit and`' i .. . --- Dernolition Permit,and that the',: .. . Ill Section, %? , , 19 . . . . . property •owners ;be left to'•, 100-31; Bulks Schedule, for.ap- to be .,i p'roval;`of ..two co�itiguous regular procedures of law,tos parcels,'',having insufficient area; . . . . . . • • • • . . . • . • • . . allowed only after review Board of Appeals'and to actor- :; - width'and depth. Location of.. dance with all provisions of law Property: Along Right-of-Way Name of Owners/Location:of ` . .off the east side of Bay Home Property:. .FRANK E. ',AND. i, Road',(and';along the end,oi. MARY BROPHY`75 Second, Willow Point Road),Southold-, /e this . . . . . . . . . . . . . .b Street,New Suffolk,NY,Counr' .NY;:.County. Tax Map Parcels,:' . . . . . . . day of ty Tax .Ma No:.1000-56=5-39,.40, and 41. r/ 1000-117-10-20.7.(Recessed f om,; ;, 8:10 p.in:'.'Appeal••No. 3518 c- , 19 . .� 5/1/86). . 'MARJORIE D..PETRAS for a 7:40 p.m. Appeal No..3499- i,: 'Variance :to, the Zoning, Or-.` DANIEL AND LISA JEROME dinance;',:,Article XI, Sectior Zoning Ordinance for.approval;• �!' bkho2 for insufficient se;bath for i Special Exc for •pr the �J . suant t Article apartment III p I.. • Posed'..additions• from / �/�a�... • ll ,' of 1 propose along Corey-Creek,at '• . . . . . . . . . . . . . . . . . . . . of an accessory a artment ur-: o , Section., 700 Koke Drive,'Sou'ihold,NY; Notary Public I06-30(B)..Location'of Proper County Thx•:Map Parcel No.:, ty:'45125 Main Road,Southold, 1606-87 5 006.' BARBARA FORBES NY,County Ikx Map•Parcel No, 8 15 p.m.',Appeal No. 3050- Notary Public, State of New York 1000-75-02-3.1. ,' '"':': , ' ,,•RALPH.',AND': LUCILLE. ,• No. 4806846 R for';, Variance to,, Qualified in Suffolk Count 7:45 p.m. Appeal 'No: 3s02-'';. ;', 1.STOCI(E Q y GREGORY FOLLARI'for;,a',' ..the Zoning Ordinance, Article. Commission Expire© ��"7 j� 19 r-,f' Variance to the Zoning_Or- -III,'Section'J00n31 for-permis• 8:45 p.m. Appeal No. 3525- dinance, Article XI,"Section'„; „ sion to.'locate:proposed new',,.. 1 .PORT .OF EGYPT ENTER= 100-119.2 for; permission�;ao..;'` :`tlwelling'`with 'an 'insufficient., pRISES fora Special Exception locate neNy dwelling with,an',in +, ; �Jidhtyard setback.Location of to the Zoning Ordinance, Arti sufficient'setback'. from Long,",) r' Property:' 1G80,Maple Lane: cle VIlI, Section 100-80(B) for Island Sound bluff. L`ocatioti brr,:.�I ' , (a/k/a 55 Snug'Harbor Road),: permission to•install/relocate Property: North Side of Sound; '.'! !,`:Greenport;NY;Cleaves Point-,. marine fuel-storage tanks in this Drive,Greenport;"Map of Sec :',i' Section 3;'Map.No: 4650, Lot,,. "C-Light" .Industrial Zoning tion Four-Eastern Shores" Lot, .;'•:..'59;County'TaxMap"ParcelNo. : District, at 6230 Main Road; No. 117,Map No. 458`6;.Coun ' 1000-35 5 28 Southold,NY;County Tax Map ty Tax Map sParcel No.'' STEPHEN SHILOWITZ fora Parcel No. 1000-56-6-4, 6, 6.I. 1000-33-1-15. `-.yariance"'to` tbe: Zoning Or- ',.'i 8:55 p.m. Appeal No. 3512.- F -Article `XI,.',Section 7:50 p.m. Appeal-No.' 3508-;•' ;�� -dinance, "SAMUEL BAILS for a Variance DAVID.MOORE for a Variance; , ''•` .100-119.2(B) for`pe'rmission'td' to the Zoning Ordinance, Arti- to the;Zoning Vrdinance,`.'Arti-•A., construct condominium 'cotn�'�' cle III, Section,'100-31, Bulk cle XI,Section 160-119.2 for per.! �•j 1 plexes within 75'of_bulkhead or Schedule,for,permission to'con missionto locate new pool,deck'. :: .tidai•water.Location of Proper struct deck addition and roof and`fence areas with an insuffia,'I ty: West Side.of.Sixth Street', over cellar stairs which exceeds .r cienf setbackifrorn I.;6 ig Island Greenport; NY; County •Taz • the maximum-permitted 20 per- . Sound bluff. Locatiori`;of Pro-'., Map Parcel NO.,1000-49-01=25.1. cent lot coverage and roof perty North side of Soundview Zoning District: `,'M-Light= overhang will 'reduce'sideyard Avenue,Southold,NY;:County'':`� Multiple:' setback to less than that permit- Tax Map, Parcel No ' 8 30;p.m.`Appeal No. 3510 ted.Location of Property: 1980 1000-51417`. ' RICNARD .AND �',RUTH` Sigsbee Road,�Mattituckf NY, 7:55 p.m.'Appeal No.:,3515- j ;, ZEIDLER for'a Variance to the County fax' Map Parcel No. HOWARD REINHART AND . I',.; ',Zoning`Ordinance; Article,XI, 1000-144-01-015. CHARLES ..HYDELL)'}for,�'a:`�,� li' Section 100-119.2(B)for permis` DATED:.June 9, 1996: : Variance 'to:;'the 'Zoning'Or-' ;'y a ston to locate proposed'pool, The Board of Appeals will dinance, Article XI;`,•Section. ia deck'apd fencing within 75' of hear at said time and place all I(10-118(B)and'A'rticle III;See-`°? bulkhead or tidal water. Loca- persons or representatives desir- tion 100-30(A)for per riiission to• tion. ?: of Property: 10(i ing to be heard in each-of the use existing building for w66d..'%P_ McDonald's Crossing'off the above hearings. Written tom- working shop and sales:m this„,+ South• Side of':Pcconic Bay ments may-also be submitted "A-40" Residential and ' i. ''Boulevard Laurel, , •NY: prior to the conclusion of the Agricultural:;Zoning 'District.- EdgemerePark.Irots 12'13,and,'. heating.in question. For more Location of Property: 4330u` 14;'County Tax.Map Parcel No. . ` information, please call Main Road,Peconic;NY;Coun 1000-1454'15. 765-1809 (alt. 1802). ty Tax Map Parcel Nor 8:40 p.m. Appeal No:.3524-' Dated: June9, 1986 I000-75 Ol 16 ;`r ;} PORT OF.EGYPT ENTER- BY ORDER OF THE PRISES,for a Variance the Zon SOUTHOLD TOWN ing Ordinance;Article Nl,Seo- ' • BOARD OF APPEALS f' .'tion'100�119.2(B)for permission '. GERARD'P. GOEHRINGER, :to 1p,cate;,marine' fuel-storage CHAIRMAN J�1anit''!,strucWre§A ia''i this,.l`C�' 1T 6/12/86P361 - ,L'igtit"•�-'Indiistrial;' �Zoning•` ' a ''District;,with'an; nsufficient'setm; back„from landward.`edge of','' tidal wetland and frotr►;ordinary'• higliwater`:'•mark; at 6230 RIaif ", ''x`•Road;-,,Southold,'-NY-.,County. T-. k'MapParceI N6,',1040.5 ir : vvet. .r Cad/O,/d' 6 �cJ c ce C L&z;e v Q u f TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATEjuNE..,9.,..19,S4..... c TO THE-ZONING BOARD OF APPEALS„TOWN OF. SOUTHOLD,,N. Y. 1, (We) ,. ...egy.Rt..enterprises•.: of ...1�4iN.. :::... ....: :' :,.................................!, Name of,Appellont -Vtreet and Number .....HOLD ..... ;.:t:i..I... ..................................... .ICI w.Y . ..........HEREBY,APPEAL TO Municipality State THE ZONING`BOARD OF'APPEALS FROM THE. DECISION ,OF, THE BUILDING INSPECTOR ,ON JANUARY APPLICATION FOR PERMIT.NO, .............................. DATED ..... ..... ?......1986.... .......... WHEREBY THE BUILDING INSPECTOR DENIED TO MERLON E. WIGGIN (PEDONIC ASSOCIATES), ................................... .... . ...... Name of Applican..t f.or. ..permit of ............................... 0 BOX 672:..GREED]PORT.o.. .r... .r. ... 1�?. '0 ...... . .9 4t............................ Street and Number Municipality State ( X) „PERMIT TO USE ( $ PERMIT FOR OCCUPANCY ( ) LOCATION OF PROPERTY 4J MAIN--- A;Db...SO Df..F,4..� ..NFW , OIH& .. 1. LOC 623U� � U�HOL ...... ... Street Use District on oning Map .:.....................:::::.,,,..Current Owner PORT OF EGYPT ENTERPRISES i 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ARTICLE XI -- SECTION 100-119.2B 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws 'A.r t. 16 Sec. 280A Subsection 3 .i 4.. PREVIOUS, APPEAL A previous .appeal (has) (has not) been made with respect to this decision of the Building Inspector or'with respect to this property. Such ,appeal.was (X',) request for a special permit (X ) request for a variance and was made in Appeal No. ...3494.....................Dated ..AML•.17•;••1986........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that PRACTICAL FUEL TANK LOCATION WOULD HAVE INSUFFICIENT SEBBACK FROM LANDWARD EDGE OF ORDINARY HIGH WATER MARK. Form zs1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because THE FUEL TANKS ARE FOR MARINE USE AND, THEREFORE, OF PRACTICAL NECESSITY LOCATED NEAR BOAT REFUELING DOCK. THE EXISTING TANKS ARE BEING REINSTALLED IN ACCORDANCE WITH ARTICEL 12 OF THE SUFFOLK COUNTY SANITARY CODE. THE LOCATION OF THE TANKS AND DESIGN OF ALL PROTECTIVE DEVICES HAS BEEN REVIEWED AND APPROVED BY THE SUFFOLK COUNTY HEALTH DEPARTMENT (COPIES PREVIOUSLY APPROVED) , PLACEMENT OF TANKS A LONG DISTANCE FROM THE FUEL DOCK WILL NECESSITATE SEPARATING THE PUMPS FROM THE TANK REQUIRING THE INSTALLATION OF SPECIAL DOUBLE WALL FUEL LINES FROM EACH TANK., THIS UNDERGROUND FUEL SYSTEM IS ONE ®HAT SUFFOLK COUNTY ' HEALTH DEPARTMENT HAS ASKED US TO AVOID IF PAOSSIBLE, SO AS TO DECREASE THE DANGER OF A FUEL SPILL. k' 1J - 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because THE LOCATION OF MARINE FUEL TANKS ADJACENT TO MARINE FUELING DOCKS IS STANDARD AND COMMON PRACTICE AT ALL SUCH LOCATIONS, AND IS IN ACCORDANCE WITH CHAPTER 2 OF N.F.PA'.- 30ffiA.'•. THIS CODE ALSO REQUIRES THE DISPENCING PUMP BE LOCATED 20 FEET FROM ANY ACTIVITY INVOLVING SOURCES OF IGNITION. (THIS WOULD INCLUDE VEHICULAR TRAFFIC) . SEE SITE PLAN ATTACHED. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT 'CHANGE THE CHARACTER OF THE DISTRICT because THE TANKS ARE ALREADY IN EXISTANCE AND ARE BEING REINSTALLED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12 OF THE SUFFOLK COUNTY SANITARY CODE FOR THE PURPOSE OF PROTECTING THE SURROUNDING WATER FROM A POSSIBLE FUEL SPILL . NOT APPROVING THIS REQUEST FOR VARIANCE AND NOT INSISTING THE WORK BE ACCOMPLISHED IMMEDIATELY, INCREASES THE LIKELIHOOD OF A FUEL SPILL THAT WOULD CHANGE THE CHAR- ACTER OF THE DISTRICT. LOCATING FUEL TANK AND PUMP SIGNIFICANTLY AWAY FROM ORDINARY HIGH WATER MAKES COMPLIANCE WITH NFPA 30-A PRACTICALLY IMPOSSIBLE. REHOTING PUMPS FROM TANKS IS NOT THE PREFERRED INSTALLATION BY THE HEALTH DEPARTMENT FOR ENVIRONMENTAL REASONS. NFPA-30A ALSO IMPLIES THAT AN INTEGRATED SYSTEM IS PREFERRED. STATE OF NEW YORK ) �� ss �`. .... ...................... COUNTY''OF' :, ?l.:t ) 1:: Signature day of.......':.. d� Sworn to this -�'���¢ .......... 19 .......... . .... .. ... ....................................................... Notary Public MICIIELLE PELLETIER Notary Public, State of New York No. 4824987 Qualified in Suffolk County �/ Commission Expires JdfreL 30, 191�"4 Page' 4 Notice . of .._ari ngs Mai 1ing_ List Regular Meeting - June 19 , 1986 Copies to the following June 10 , 1986 by mail , except as noted : Suffolk Times (personal delivery 6/10 ) LI Traveler-Watchman ( " 11 6/10 ) Town Clerk Bulletin Board posted 6/10 ZBA Office Bulletin Board posted 6/10 Howard E. Pachman , Esq . , 366 Veterans Memorial Highway , Box 273 , Commack , NY 11725 as Attorney for Brophy Frederick M. Reuss , Jr . , Esq . , Reuss Ruchala & Handler , Esgs . Attorney for Leary , Suite 103 , 230 Hilton Avenue , Hempstead , NY 11550-8116 Rudolph H. Bruer , Esq . , Attn : Mrs . P . Moore , Main Road , Southold 11971 Attorney for Brophy Mr . Samuel Bail , 1920 Sigsbee Road , Mattituck , NY 11952 Mr. Clarence W. Powell , as agent for Gregory Follari 380 Robinson Road , Greenport , NY 11944 Mr . Gregory Follari , 33 Fairview Avenue , Park Ridge , NJ 07656 Mr. Christopher Schwarting , Southold Pools , as Agent for Dave Moore 1! P .O . Box 539 , Southold , NY 11971 Mr. David Moore , 301 East 47th Street , New York , NY - Apt . #3M Mr. Howard Reinhart , 107 Lone Beach Road , St . James , NY 11780 Mr . Charles; Hydell , 36570 Main' Road , Peconic , NY 11958 , (Peconic Wood Design ) Mr. and Mrs . Albert J . Bodenstein , 6135. Indian Neck . Lane , Peconic 11958 Rudolph H. Bruer , Esq . , Attn : Mrs . P . Moore , Main Road , Southold , NY 11971 . as Attorney for Mrs . Marjorie Petras Gary Flanner Olsen , Esq . , Main Road , Cutchogue 11935 , as Attorney for Mrs . Leonard., Leonard Mr . Garrett A. Strang , as Agent for Mr. and Mrs . Ralph Stocker , 54655 Main Road', Southold , NY 11971 Stephen R. Angel , Esq . , as Attorney for Stephen Shilowitz , Esseks , Hefter , Cuddy and 'Angel , 108 East Main St . , Box 279 , Riverhead , NY 11901 Mr . Stephen Shilowitz , 330 East 33rd St , New York , NY 10016 Mr. and Mrs . Richard Zeidler , Box 165 , Edgemere Park , Laurel , NY 11948 Mr. Merlon Wiggin as Agent for, Port of Egypt , Box 672 , Greenport 11944 G` •Ln Town Hall, 53095 Main Road P.O. Box 728 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 June . 10, 1986 To: Southold Town Zoning Board of Appeals From.: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3524 application of Porte-of Egypt Enterprises for a variance. Also included is Short Environmental Assessment Form; letter relative to N.Y. S. Tidal Wetlands. Land-Use; Building Department ' s Notice of Disapproval; letter of authorization for Peconic Associates; and site plans . Judith T. Terry Southold Town Clerk ftCONIC ASSOCIATES, INC. ENGINEERING & PLANNING CONSULTANTS One Bootleg Alley P.O. Box 672 Greenport,New York 11944 Telephone: (516) 477-0030 June 10 , 1986 ASSOCIATES- Fairweather/Brown Architects Gannet Fleming Gerard P. Goehringer - Chairman Engineers Southold Town Board of Appeals R.P.Morrow&Associates Main Road Winery Design State road 25 Planners East Southold, L. I . Environmen tal Planning New York - 11971 Wilhelm Atlantic Co. Dear Mr . Goehringer : Financial Planning Re: Port of Egypt Enterprises, Southold, New .York. Attached are resubmittal forms and supporting documents for a Variance and Special Exception for the reinstallation of existing fuel tanks for the Port of Egypt Marine. Because of the uniqueness of the requirements for a marine fuel tank installation and their despensing pumps , I thought it might be helpful to mention the following items: 1 . These fuel tanks are already in existance and are to being used provide fuel to a considerable number of small boats that use the Port of Egypt Marina. A reinstallation is required by Article 12 of the Suffolk County Health Code to provide diking capability and other environmental safeguards. . Because of the Health Department' s concern over buried fuel lines , the preferred and approved design included the fuel tanks being located adjacent to the dispensing pumps so as to avoid the burying of any active fuel lines. R Gerard P. Goehringer June 10 , 1986 Page 2 A telephone review with the applicable section of the Suffolk County Health Department indicates that , if the tanks are to be relocated sixty-five (65) to seventy- five (75) feet from the water and/or the dispensing pumps made separate from the fuel storage tanks , than a reapplication would be necessary. 2. The installation also needs to comply with the applicable provision of N. F. P.A. 30-A. Chapter 2 of this - regulation makes reference to dispensing pumps being integral with the tanks , and that excessive supply lines to the dispensing pump should be avoided, even to the point of suggestion that authorization be obtained to install one of the tanks on a pier so as to avoid excessive long supply lines to the pumps. The fuel dispensing pumps also need to be within visual range of the operator or persons doing the dispensing, and hose lengths generally should not exceed eighteen (18) feet. The revised site plan is an attempt to provide a practical compromise. to the requirements of the Town, N. F. P.A. , and the County Health Department . You will note that the edge of the concrete retaining. wall will be thirteen (13) feet from the water , 'or twenty-six (2.6) feet from the outboard side of the floating dock . The dispensing pumps are also located approximately twenty-five (25) feet from the vehicle drive , and the dispensing pumps are adjacent to the storage tanks, eliminating the need for underground fuel lines. If you have any questions about the suggested -revision to the request for a Variance and Special Exception, we will be happy to provide any additional information immediately. Sincerely, PECONIC ASSOCIATES, INC. Merlon E.�Wiggi V, h—.D. ,M. E. President BOARD OF APPEALS, TOWN OF SOUTHOLD n the Matter or the Petition of PIT NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Armando Ca�pa_ �-Cl... I eoj�++� Mwn -P cd• /NOGr, 1�d Sbua.�,��d .y., IIG'11 1 icily I YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southo� to request a arianc ecial Exce do (Special Permit) (Other) [circle choice] � 1. - 2."That the roperty which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: P0RT Ui:� P.C—,,1eT' EtJ TF_KATSEt , i.1I 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: _�IUSAI-loN KND RE-INSTA LLAT-10K uF T N RE E C3 �1 Z�►'T t�►C� ME L TMK5, N% 1% I�Rr7CL E 1 , v 1-TlAE �NJ�01_l� C OLk& SI�iSM►k 3 C oD E . 5._That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article -Mf yZ Section ►bu-fso ( _� LUy- I IQ-1. [ ] Section 2804, 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) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: XL1NE. CI, Igglo _PE'CorlT_c Ks5,hc:i7 A-TL c .Petitioner Owners ' Names :p>)R; n F ECM 21 _Q—c3P��.SE� Post Office Address 4A=nl RD. . SOt1TVAbLD Ncw yu I (Te] . ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ' NAME ADDRESS ArmcLndo C appo- A a;n P) SDU -,old, t4�. � I Iq7 CCU. � �ec�.li+, N�a.►r, �d. , SUu�-ho1d� N�. 11g7 � P 262 409 969 RECEIPT FOR CERTIFIED MAIL .262 4©°I c168 NO IN COVERAGE PROVIDED P' 2 6 2 NOT FOR INTERNATIONAL MAIL CiEFt1(t�tED ��'L (See Reverse) I cSent to f R��El IN ®OE COVERAGE PROVIDED NOT FOR IN MAII C I" e Ca \( (See Reverse) ,n Street and No. , I co w d P.O.,State and ZIP Code ti AA o Li" l m ir No. Postage m Street and at Gode Certified Fee ,,1 rn L-i {` i P O.,State an ZIP 5 ` Q Special Delivery Delivery Fee i c9 postage ` N 7 I, ertified Fee Restricted Delivery Fee 4 C I gpecial Delivery Fee Return Receipt showing 1 LO to whom and Date Delivered �) 1 pellverY Fee �V �® Restricted ooi Return Receipt showing to whom, ' Wing Date,and Address of Delivery Receipt shopelvered m TOTAL Pos _ Pe turfWhom ato nd Date 5 / r" ' m Return Receipt Shoo 9zliver o w and Address r / Postmark�or D�te1 pate. �(3 Ufl � nr Fees E , 11 ? TOTAL Po51a9e a 0IL fl �� 1 Date -/- o.�/ I p stmark or a o o y�1y. co t Z' • STATE OF NEW YORK ) ss : `l a --__ •` ` `� � COUNTY OFSUFFOLK ) Ie� - residing at T L�r . .y Ilq�4� being duly sworn, deposes and says that n the _ day of 3urve_ 119 0,(, 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 face at C, rear t r±- L rut nr, 1clg4 that said Notices were mailed to each of said persons by (certified) (registered)'mail. -� IN. Sworn to before me this day of , 19 otary Public NANCY R.DOUGLAS$ NOTARY PUBLIC,State of NOW Yam; Residing in Suffolk County Clks. PEo.52-6086695 commission Expires March-Mr� (This side does not have to be completed on form transmitted. to adjoining property owners . ) I ire ,r. i . z) . r rlv 1 ronmen to i qua i ! Cy i<('v I ew iic t requ i re; sub- `.';` d mission of this form, and an environmental review will 'be made by this )ard before any action is Ike.n . SHORT !�NV1P0`adENT.AL ASSm"T,`!EN-1 FCP'1 :.�:. �-: •.' , . .. .: ..�..,` (a) In order to answer the •',Sill � �',�� f�''' questions in this short EAF is is assured tha..t the • ;:�;;.',' ;.•' ."; pre Farer will currently available infer-aticn concerning the project and the ?,"•:: likely is:pacts of the action. It is not expected that additior;al studies, roae arc h .or other investigations will be undertaken. r: ;:t;; 'T''�:'. r,. •. . (b) If any question has been answered Yes tho project. ray be aigni'icant`and a completed Envircninantal Assessment Form is necesta:-y. ;,r;• . '�:+";t;;'' 'i;,i,•' ,�.''':,; (c) If all questions have been answered .No it is likelythat this ect � :i,•...: ..`nc- significant. pro j 13 ; 3/ f 'G' ^:rc�:.�i•.y`'.•,.: (.d) Envirer.rrntal Assessrent .�`. Will project result in a large hysical change to the project site or physically alter more r`!' ,tr.�4i`+"~f; '°r ,�•.1. . ' than 10 acres of land? • • • • . Yea X Np' 2 Will there be a ran or change � ago to any unique or _ ':•�,•: .,�•'..�::,9;: unusual land form found on the site? • a a a Yes X' No �'''r`$: :' 3• . W 11 project alter or have a large effect on ;`;';;,:'•� '' ; f bo dy i i an existing oy o water? • • Yes x• 110 �`:i• `f!;i';+; ;" ' 4. WL'_1 project have n potentially largo impact, on �;•� ,f'�,�:: ' groundwater quality? • Yea X 1{0 � •:� '� Will project significnntly effect drainage flow On adjacent 91LC9? • • • •. • • • • • • • • Y03 X No 6. Will project affect any threatened or endangered plant or ani al species? . . • . • X ' Yes No «.;•. 7• UJ project result in a rea jor advorse effect on ' •''�. Ycs X, No c� air quality? . . . . . . . . . . . . . 84 Will project have a a's jor effect on visual char— acter of the co.nnunity or scenic views or vistas known to be important to the co.•nunity? . . . Yes X no 9. Will project adversely impact any site or struct— ure of historic, pro—historic, or palbontologicui s; ' importance or any site doeignotod au a critical environnental area by a local agency? Yes �X No 10• Will project have a rajor effect on existing or future recreational opportunitios? . Yes X:, ?!0 11. Will project result in major traffic problems or cause a major effect to existing transportation SystcR.3? • • • • • . • • • • • • Yes X No 12. Will project regularly cause objectionable odors, " noise, glare, vibration, or electrical disturb- ance an a result of the project':, operation? Yes X t!o 13. Will protect have any impact on public health or safety' Yes xKo' 1L. 'Ai!l project offset -he existing community by direr.tly causin4 a growth in rernnnent popiLla— ticn of more than 5 percent over a ono-year period er have 'a major n^r;ative effect on the character of the cormunity sr r.elghtorhood? . Yes X Na 15. I5 there pil6lic contr•:versy concerning the probe Yes X No TITL'_: PRESIDENT r?�S PORT OF EGYPT ENTE ISES , ING.Tr: APRIL 16 , 1986 9irire - f � l AP.RIL 16 , 1986 ` (Today s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Anneal Application of _PORT OF• EGYPT ENTERPRISES Location of Property: ROUTE 25 , SOUTHOLD , NEW YORK Dear Sirs : In reference to the New York State Tidal Wetlands Land-U: Rc,ulatiois, G UYCRR, Part 661, and Article 25 of the NewYor,' State• EnvIronmcntal Conservation Law, please be advised that -uhject property in the within appeal application : (PIcaSu ch(;ck cme box) [ x ] M.iy be locat:d within 300 feet of tidal wc•tlar.cl: hr,-wover, constructed along, the water-lyin(j cdgc of this property is a bulkhead in very goc,d condi'Cion and at least 100 feet- in length. k [ ] Mav be 'located within 300 feet of tidal wetland_ ho,.Jever, construct.cd along the water-lyi.^,g er_'7e of this property is a bulkhead in need of (m=no_ (major) repairs , and appro::i:�ately feet it length. [ ] May be located within 300 feet of tidal wetland. however, constructed along the Ovate*'-lying edge of this property is a bulgy:head less than 100 fee in length. [ ] May be located within 300 feet of tidal wetlanda and there is no bul:,�liecrd or cu"c_ott- wall exis� on the prcniise . - [ ) Is not located within 300 feet of tidal wetland-, • to Lhe best of my know1cdge . * [:; tarred it0111S ( k ) indic:ate your property does not appear to fall within the jurisdiction of the W .Y.S . D. C.0 Sincerely your-, (::L-J;laturo plodso) NOTE: If proposed project falls lJil�Iirl D.E.C. jurisdiction , approval must be received and submitted to our office before your application can be scheduled for a public }leaning. Phone: 765-3918 Port Of Egypt Enterprises, Inc. Route 25, Southold, L. I., N. Y. 11971 Skiffs —Outboard Nulls — Motors For Rent Bait — Tackle — Gas January 2'1 , 1y)86 To -dhom It May concern, `Phis is to certify that the Peconic iissociates is authbrized to act on behalf of the Port of Egypt Enterprises, Inc . in all matters pertaining- to the relocation and reinstallation of our gas facility. sincerely, W . H. Lieblein President June 10 , 1986 Notice of disclaimer to anyone interested in this file: Please- be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing -this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above. . . . . � Gerard P.' Goehringer