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1000-117.-8-18.1
OFFICE LOCATION: ��OF SO(/TyO MAILING ADDRESS: Town Hall Annex ,�O l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 • Telephone: 631 765-1938 o�yCOU NT`I, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman,Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date November 18,2021 Re: LWRP Coastal Consistency Review for ZBA File Ref NEW SUFFOLK WATERFRONT FUND#7595 SCTM# 1000-117-8-18.1. NEW SUFFOLK WATERFRONT FUND #7595 — Request for a Variance from Article XIX, Section 280- 85D(5); and the Building Inspector's June 23, 2021,Amend October 12, 2021 Notice of Disapproval based on an application for a permit to install a freestanding sign; at 1) located less than the code minimum required 15 feet from the edge of pavement; located at: 650 First Street, (Adj. to Great Peconic Bay) New Suffolk, NY. SCTM No. 1000-117-8-18.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions.MINOR ACTIONS item"F"which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson OF soyo53095 Main Road- P.O. Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOUNT`( Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax (631)765-9064 C E I V C October 13, 2021 NOV 10 2021 Southold Town Mark Terry, Assistant Town Planning Director Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7595 New Suffolk Waterfront Fund Dear Mark: We have received an application to install one freestanding sign. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairp on By: Encl. Survey/Site plan: Barrett, Bonacci & VanWeele, PC, dated February 15, 2019 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: June 23, 2021 AMENDED: October 12,2021 TO: Barbara Schnitzler (New Suffolk Waterfront Fund) PO Box 229 New Suffolk,NY 11956 1 Please take notice that your application dated May 17, 2021: For permit to: install (1) freestanding sign: Location of property: 650 First Street,New Suffolk,NY County Tax Map No. 1000—Section 117 Block 8 Lot 18.1 Is returned herewith and disapproved on the following grounds: The proposed freestanding sign on this 93,588 sq. ft. lot in the MII District is not permitted pursuant to Section 280-85(D)(5), which states freestanding signs shall be located 15 feet from pavement or 5 feet from a sidewalk, whichever is'greater. The proposed sign is located 7'10" from edge of pavement. This Notice of Disapproval has been revised to reflect newest proposal received 10112121. Authorize e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC:file, Z.B.A. �JD N(vi fo ofs FORM NO. 3 05,31 0t�` TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. r�I NOTICE OF DISAPPROVAL DATE: June 23, 2021 TO: Barbara Schnitzler(New Suffolk Waterfront Fund) PO Box 229 New Suffolk,NY 11956 Please take notice that your application dated May 17, 2021: For permit to install (6)freestanding signs: Location of property: 650 First Street,New Suffolk,NY County Tax Map No. 1000—Section 117 Block 8 Lot 18.1 Is returned herewith and disapproved on the following grounds: , 1�5 The proposed freestanding'signs on this 93 588.sq. ft..lot in the MII District is not permitted pursuant to Article XIX Section 280-86(C)(1) which allows the installation of maximum(2)-signs on a lot. Inclusive of the permitted Case's Place sin the proposed signs would yield a total of(7) on this lot. In addition the proposed"wel'coe" freestanding sikn is-not permitted pursuant to Section 280- 85(j?)(5) which states freestanding signs shall be located 15 feet from pavement or 5 feet from.a sidewalk whichever is greater: The proposed sign is located 7'10"from edge of pavement. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC:file, Z.B.A. J 4 f APPLICATION FOR SIGN PERMIT / Date: 06 l�� [ 1 Application# SCTM # 1000- Zone District: Fee: $75.00 per Sign r . Type Of Sign(s): Ground Roof[ ] Wall [ ] Other: ` �( g� q Applicant: 5 � '�6; phone# 11 m Business Name: Sign Property Location: (y Property Owner: The following items are required along with the completed application. (1) Survey or accurate plot plan showing location of existing and proposed sign(s), building width facing streets. (2) Colored drawings with sizes and types of material of proposed sign(s), or photos of existing signs. Signs cannot be installed until the applicant receives a sign,permit application-approved and signed by the Building Inspector. After the sign(s) have been installed,the applicant shall request an inspection by the Building Inspector. If the sign(s) are in compliance, a sign permit will be issued and mailed to: � 0A 6AA apt 91 FP m Nav �*ame- 111U., J Y STATE OF NEW Y COUNTY OF S { }Applicant { }Agent for applicant, hereby agree to abide by the conditions and requirements of Article XX SIGNS of the Zoning Code of the Town of Southold and other applicable laws, rules and regulations pertaining to such signs. bAA1Wvuk1 "htL-- Signature of Applicant Sworn to before me this day of iZne. QJ „ 20 g� Cheryl Simon" NaWy Public,State of Now Yo* No.31-4970341 >� Qualified In Suffolk County Notary Pu lic on February'4,202.,-7 - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Examined : ' 20 Approved: 20 Disapprove a/c: Building Inspector FIRST STREET __ N_oa91'Ja'H _- - _ - - 472'!1' - `�( "•,�' FO KS �� II Q�;-�. �.• 8H g I 1 I I id I ar a c mm aa. I ;•moi.'. I .. s � I I°@F � aa4+�•• .� vLLK .wr.P. g I' I +� � I I�Bi yp� wren uCn'P ma wlvc0'C d I aG.w' •, ry +'�s>.0, H.=r�.,.�. I -H ''_;•�•• •" , i 4yy� - aH aa�rd.�a..,=.�d nn,�°Fl;�— e aoe•>1b•s ffi Ha'r 7, Kv .s—.—I—I wear.a HWAw.nn]srnoPr..m ED pAI - SO• u.`+cP:a`arbi`sa„'o'w:av",°oo`°'nisssa ' � t �,•� � � � r `Y.s o.:�i�arw'i,.:rs"incKo.am.s.w[wor n...wcu w �c \ ]aero.•H' owo�can $' l/ yA. wre' ru Or .• !ir .wC w�uHwrs s�roO�u wi,�.CCe w a Ooas • � •9 4T111•H L ]f•v — n aC uwix�0 w.LHS OOts, .nOS NPmc C.awnds FQ�� 11 irx 1 awlnr.cs w.a.onrcPu sma0II I . L✓ �� ��..� ��rT���� ,► - ,.�� aa.r a.� .� , w.raMa�.aHra��a�rrw.ra.w,r,a.nd alaaw H i! C. o-v+rr vA V a cw y �l Barrett` Bonacci& (r+r+'� Van Weele,PC Gp ge o eyorA vl meets BOP �Inl•,m ns'�o:: • ' /////1 I Klp _ ,�,P .....ter,. 1� �� /j�/ r �• f�f r •�„aQQ�� lox May DISTRICT IOOO SECTION 117 BLOCK 8 LOT 18 1 PROPERTY SINAI[ --�— NEW SUFFOLK loin a zou5xola Surrou Hou—e+n-,rr r _ BOUNDARY SURVEY -if0A11ACT IS AI]a])M JA NEW SUFFOLK WATERFRONT FUND Revitalizing Our Historic Waterfront August 3, 2021 To Leslie Weisman and Members of the Zoning Board of Appeals, Enclosed please find the variance application for a Welcome Sign on the New Suffolk Water- front property, to be attached to existing pilings at the foot of Main Street, located 7'10" from our property line, instead of the 15' setback stipulated in Section 280-85D-5. We had planned to install, simultaneously with the Welcome sign, up to 5 informational panels attached to existing pilings, located at points of interest on our 2.3 acre property. As you know, our non-profit owns, maintains and insures the site, which provides public access to all, year round. Consistent with our Mission Statement, to ' ...support recreational, educational, and commercial activities on the site that enhance community life and are environmentally sustain- able for both the uplands and the bay...' these panels would add an educational component to the community's experience of the property. Please see the attached mock up of an informational panel, consisting of historical photos and captions, which would be located on our newly rebuilt Steamboat Wharf, as an example. Oth- ers panel topics would be "Oysters", "Meadow and Native Garden", "You are Here Map", "First Submarine Base". They would exceed the recommended size guidelines because they are conveying information as well as displaying graphics, and must be legible while standing. We are locating them on a large piece of property with multiple frontages, in a commercial (Mll) district, so we believe their scale is appropriate. Our pro bono design firm, Two Twelve, has created a graphics program which includes the Welcome Sign and the informational panels and is consistent with Southold sign code design guidelines. We have received a grant from North Fork Side by Side, which provides funding and assistance to non-profits, to cover fabrication and installation. In addition, the panels will be provided by Dura, at 60% off retail, if the project can be considered to be a 2021 installa- tion, hence our urgency. Because we are a non-profit providing a community benefit, and because we have rigorously followed the General Design principles, 280-82, we would ask the Zoning Board to waive the variance process and associated fees for our informational panels, and consider them "infor- mational/directional signs", 280-85F, and therefore exempt from the sign permit requirement. P.O. BOX 146, NEW SUFFOLK, NY 11956 O WWW.NEWSUFFOLKWATERFRONT.ORG 1 We are submitting the variance application and fee for the Welcome Sign in this pack- age. Thank you for your consideration, Sincerely, Barb a Schnitzler atricia McIntyre, for New Suffolk Waterfront Fund, Inc. two "�E. ••� '• �r�r � IL fin - � �� _ .ate. •` . . _ �,��� �• ��r', _• ,' .. �, d Fee- $ Filed By Assignment No A APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. &�,SD Street :F rS St: Hamlet l'y"ezv atf(bi SCTM 1000 Section 111 -7 Block 8 Lot(s) 19.1 Lot Size - & Zone NlZ I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ,-w, _- 23®lo-2--1 BASED ON SURVEY/SITE PLAN DATED Feb, 1,, `?ocq Owner(s): t\f 2,w S GuR(- o IyyaRvf vl _ T C. , In C Mailing Address: P d. a0A 14(p , N,(-)W_ZL- -od( N y I E R.7(o Telephone: cf 17-3761-5-(oLflFax: Email:.()e_a6 _fC611c i"CP 5mc I ,cop NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc. and name of person who agent represents: ' VDa_rC,_ SCl/Ini 2te" Name of Representative:_ Pc<j-hcGo: t4C_j v1+qYe, for O) Owner ( )Other: Address: 20 1,Jeaa1_At r �j ►�`3-7q - S&47 -- aae i-a rc.- Telephone:gy-j-3-7,3- 000Q Fax: Email: A ety::fctff-ci {:.f" Cvv k r�'t'r-i cl ct. Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ()4 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED_Feb, 151, 2.0 19 and DENIED AN APPLICATION DATED,-J'une-1 b:oziFOR: (X) Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: X 1 X Section: 2-00, BE b) Subsection: Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal ()C) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s)._.;a-e iia W Year(s). .5,fe b--iow (Please be sure to research before completing this question or call our officefor assistance) Nance of Owner ZBA File# p ���d-Ifi� circ j�►��a�GI �� 1 -znu-� 31 1 a&3 !VP{L) J(I�TU��C �IICL`�i'✓I�Dii1-Y(,l� IGS �j'1C4 �fp 110 Feb. / -0 13 ®bins 151atri1dis, L_ ' C_ d itQ � v t t u leild 5 K Wcdeovtd, (r)c I r7 S E �t,�e- tq, 2_0 1'� REASONS FOR APPEAL (Please be specific, additional sheets maybe used with preparer's h signature notarized) 1 An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 6;J n i 5 cervi 5: :54 art- w j+A, �+ncf Ccs fiXr,-n< fzv �+�cy et✓cq ) desryv, �nc-i pte o� �,i►v��cc��cc-de- sc-Ltioc-, 2-,0.62— , c+ is I=A a.i--'tkP- evtd v a read- evict s#�ee , or) ac ✓u- >rri a J a -Me Si e i5 w'f w, cod� t ne vs° �u -si4It tl �(a-ft Ve J-0 � J i ce. �dac�v vz+ w; 41 c�� ; mav,"-+&— tri eL'u 5 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: { te n i Code <,-Cj4cv-) 2-00-021., We air&— alk i� ss6v-) -t-a eyis-h vi pi�►�9s �zcG, CWP -T,,®�� 6-�, ' � PC?) L� ecu e�E co put-?U& acc:Pss ecLs;eY" /f aY&a vC- -fi�ko 3. The amount of relief requested is not substantial because: i I-\e Aes% i c o�-r�n-i s -tD c vieraj cd esi5v, fyj tACipLe 0�- aeon;�z ccs yec--Oo-n 2-80, r- M .J 'I �(CACe *p ernP�rf v�ccke5 S S� 5 i-'� cv►�( ovi* ncc 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood orrddi{s�triicct.because. � I�l� ae:5 V�1 aC� dfi I die St�VI �4�jc�r't�G'+ALI " 0tp« 't�i1C� C�E'�P_f1Ci� cakes-15vq -,CII®lt'S Cle �O✓ld�t� C1�G � 'G-)� t?� 2UO,t G 5.Has the alleged difficulty been self-created? N Yes,or{ }No Why: LA.vtt; I now, we Inane had no 515n -jekAic..-a+Ivjcc aAn cv-�Y- c G GLe5S• 3-} jr1GrS �CE'Gc�Y4'i ? i An rrVcZ,tp1t +0 cto S0, p ( ,, iv, ovzie/ -�o 6vo�� CC I e ,rte ��Ire W ,gyp I 1 t s�t� ire t m r1c S c�.v►cf `I�Gb15 cc G f'F�i cul de s cc.v� 7 t d ; vv� �� r+_Y to p Are there any Covenants or Restrictions concerning this land? { }No {A Yes(please furnish a copy) ° Vto This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community Z-W (iSignture of Applicant or Authorized A enter (Agent must submit written Authorization from Owner) Swo to before me this day of 20 zie Notary PWI to chmoshwo Maq Public,StM of Maw YO* No.39.4970349 Qualified In Suffalk CQunV OwmMan Epltes FGWMY 46.;;V APPLICANT'S PROJECT DESCRIPTION APPLICANT: DATE PREPARED: A t,tA t.t5i --5,a X2-1 1. For Demolition of Existing Building Areas Please describe areas being removed: NIA II. New Construction Areas (New Dwelling or New Additions/Extensions): NIA Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge) Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) NIA (Attach extra sheet if necessary) Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot Percentage of coverage of your lot by building area ee!! V. Purpose of New Construction: 0-C i den41A � d� �? 15mjn VI. Please describe the land contours (flat, slope %,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): �nP 1a (gip' �/C 4 ,�W a�'�ae��-�,r-PI�' ince.-��_-,$/�- �i I,-i�/��tc�ic' , �/u/�ac Lt, t� t� �Z�T{ - T6 W �J��'Ib7 V✓S� �� r�2� rl �7�nn ��&' *�SVf 7TGe /vie Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. -Qjpc,:�e,, 15w neo&rt 111 4/2012 1 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A Is the subject premises listed on the real estate market for sale? Yes )f, No B. Are there any proposals to change or alter land contours? A No Yes please explain on attached sheet. C. 1 ) Are there areas that contain sand or wetland grasses? e��, ,Sov�►d, nC4 2.) Are those areas shown on the survey submitted with this application? files 3.)Is the property bulk headed between the wetlands area and the upland-building area? eS 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? K/A - Please confirm status of your inquiry or application with the Trustees: WIA and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?_w 0 E Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? -Es Please show area of the structures on a diagram if any exist or state none on the above line. F Do you have any construction taking place at this time concerning your premises? f'fO If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe. G Please attach all pre certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval pa e P` ;J H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel tAari e M-5�Xaya j PSL� and the proposed use :5ame_ (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date i ,fg1lF aF lK Town of Southold 5/27/2016 P.O.Box 1179 o - , ;9 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 38842 Date: 5/27/2016 THIS CERTIFIES that the building COMMERCIAL ADDITION Location of Property: 650 First St,New Suffolk SCTM#: 473889 Sec/Block/Ldt: 117.-8-18.1 Subdivision: Fed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 11/18/2014 pursuant to which Building Permit No. 39397 dated 12/2/2014 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: relocation of existing building with new foundation, additions and alterations including second floor deck and rear deck, to an existing_commercial building for a restaurant with office above as applied for per ZBA#6616,issued 2/7/2013, ZBA#6617SE 3/21/2013, and ZBA#6617SE 6/19/2014. The certificate is issued to New Suffolk Waterfront Fund of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF IIiALTII APPROVAL C10-14-0004 4/01/2016 ELECTRICAL CERTIFICATE NO. 39397 5/25/2016 PLUMBERS CERTIFICATION DATED 5/27/2016 brad Piecuch Authoriz ignature a r p�gufFal, oG Town of Southold 4/14/2017 'yam P.O.Box 1179 y� ! 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 38904 Date: 4/14/2017 THIS CERTIFIES that the building COMMERCIAL REPAIRS Location of Property: 650 First St.,New Suffolk SCTM#: 473889 Sec/Block/Lot: 117.-8-18.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/7/2016 pursuant to which Building Permit No. 41201 dated 12/1/2016 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: ALTERATIONS AND REPAIRS TO AN EXISTING ACCESSORY BUILDING AS APPLIED FOR The certificate is issued to New Suffolk Waterfront Fund of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED (7th ed Signature Y 1 J r o�g4FO4cOG Town of Southold 4/14/2017 P.O.Box 1179 , 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY C No: 38904 Date: 4/14/2017 THIS CERTIFIES that the building COMMERCIAL REPAIRS Location of Property: 650 First St.,New Suffolk SCTM#: 473889 Sec/Block/Lot: 117.-8-18.1 Subdivision: wed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/7/2016 pursuant to wbich Building Permit No. 41201 dated 12/1/2016 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: ALTERATIONS AND REPAIRS TO AN EXISTING ACCESSORY BUILDING AS APPLIED FOR The certificate is issued to New Suffolk Waterfront Fund of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED AAJ A th ed Signature i ��yFFDt,r TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NV - BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 44999 Date: 7/20/2020 Permission'is hereby granted to: . New Suffolk Waterfront Fund 650 First St PO BOX 146 New Suffolk, NY 11966 i To: Underground electric service for barn. Replaces BP#40826. At premises located at: 650 First St., New Suffolk 5 SCTM #473889 Sec/Btock/Lot# 117.-8-18.1 Pursuant to application dated 7/20/2020 and approved by the Building Inspector. To expire on 1/19/2022. Fees: ELECTRIC $42.50 Total: $42.50 I Building Inspector i r i �Ffnt�c TOWN OF SOUTHOLD BUILDING DEPARTMENT z TOWN CLERK'S OFFICE SOUTHOLD, NY "Or � BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED'PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 44998 - Date: 7/20/2020 Permission is hereby granted,to: New Suffolk Waterfront Fund 650 First St - PO BOX 146 New Suffolk, NY .1196& To: Deck and ramp additions to an existing commercial building (restaurant) as applied for. Replaces BP# 40726. At premises located at: 650 First St., NeW Suffolk SCTM-# 473889 Sec/Block/Lot# 1117.-8-18.1 Pursuant to application dated 7/20/2020 and approved by the Building Inspector. To expire on 111912022.' Fees: PERMIT RENEWAL $150.00 Total- $150.00 lam. Building Inspector TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD 'OF APPEALS DATE July 3, 1963 Appy No. 581 Dated June 12, 1963 ACTIUN OF TAA. ZONING BOARD OF APPEAL$ OF THE TOWN OF SOUTHOLD - North Fork shipyard TO, Main Street Appellant New Suffolk, New York at a meeting of the Zoning Board of Appeals on Wednesday, July 3, 1963 the appeal %vras considered and the ,action Indicated below was talien on your Request for variance due to lack of access to property ( Request for a special exception under the Zoning Ordinance ( `) Request for a variance to the Zoning Ordinance 1. SPEW-AL EXCEPTION. By resolution of the Board it was determined that a special exception (X) be granted ( ) be denied pursuant to Article IV.._ . Section ___.408_ Subsection __ _ ._ paragraph of the Zoning Ordinance, and the decision of the Building Inspector (X) be reversed ( ) be confirmed because : After investigation and inspection the Board finds that the applicant operates a business which is located on the water and setback some distance from the' road. This restaurant' building is not completely visible from the road because of the buildings and boats located on the property. He therefore wishes to locate a sign on the ridge of the roof, 2 ft. by 20 ft. designating the name of the business, "Galley Ho Restaurant.' This would be a double faced sign making it visible from the water also. (OVER) 2. VARTANCI•. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because (o) The ibardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because i (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the .c'nesacter of the district because and therefore, it was further determined that the requested varimice ( ) be granted ( ) be denied and that the pr ous eclsions the Buil ' Inspector ( ) be confirmed ( ) be reversed. � FORM ZB4 of AP ZONING BOARD OF APPEALS 6haitma� B ar Judith T. Boken, Secretary (Continued from front) The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit-,of the Ordinance will be observed. Therefore it wAs RESOLVED that North Fork Shipyard, Main Street, New Suffolk, New York, be granted permission to erect and maintain a sign on the roof ridge of their restaurant building. This sign will be double faced, 2 ft. high by 20 ft. in length, with the wording "Galley Ho Restaurant." l 7:30 P.M. (E.D.S.T. ), upon application of North Fork Shipyard, Main Street, New Suffolk, New York, for a special exception in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain a roof (ridge)• sign on a restaurant building. Location of property: north side Main Street, New Suffolk, New York, bounded north by M. G. Wuerstein, east by Peconic Bay, south by JohnW. Mackay, and west by First Streit., r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0�$O(/ly0 53095 Main Road•P.O.Box 1179 ti0 �O Southold,NY 1 1 971-0959 James Dmizio,Jr.er Office Location: § Gerard P.Goehrin g Town Annex/First Floor,Capital One Bank George Horning ► • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider �I�COU Southold,NY 11971 http://southoldtown.nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD FIV b63 Tel.(631)7654809•Fax(631)765-9064- 1 3 FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town Cork MEETING OF FEBRUARY 7,2013 ZBA FILE: 6616 NAME OF APPLICANT: New Suffolk Waterfront Fund, Inc. and Robins Island Holdings, LLC. SCTM# s-1000-117-08-18 & 19 PROPERTY LOCATION: 650 &380 First Street,(adj.to Cutchogue Harbor)New Suffolk,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 13, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review tinder Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP` Coordinator issued a recommendation dated January 3, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from LWRP review pursuant to: §268-3 Definitions. Minor Actions item "HH"which states: Lot line changes, provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands, tidal waters or natural protective features, PROPERTY FACTS/DESCRIPTION: This application concerns two adjoining parcels in the MII District,Tax Lots 18 and 19. Tax Lot 19 is owned by Robins Island Holdings, Inc. and presently houses the ferry terminal and, associated buildings that provide transport to and from Robins Island. It contains 20,119 sq.ft.and has 91.50 feet on First Street, 180.37 along the southern property line, 127.24 feet on Cutchogue Harbor and approximately 203.00 feet along the northern property line. Tax Lot 18 previously had two Permitted Uses operating concurrently, a Restaurant Use and a Marina Use. The applicant has represented that the parcel has a lot area,of 149,325 SF of which 142,277 SF is upland/buildable land.The parcel fronts First Street for 533.24 feet at its western boundary and is partially bisected by Main Street. Main Street is an improved ROW approximately 50 feet wide by 194 feetlong and is perpendicular to and intersects First Street. It has 821,17 feet along Cutchogue Harbor and 134.00 feet on the northern property line.The parcel is improved with a Barn/Storage building,a 1-Story Marina Accessory Building, a building used previously (and as recently as 2007)as a 95-seat Restaurant(now in disrepair), a Boat Basin,and a historical monument Page 2 of 4—February 7,2013 ZBA File#6616—NSWF Fund,Inc CTM 1000-117-8-18&19 denoting the parcel as the location of the nation's First Submarine Base.The subject parcel also has a beach area. All as shown on the Survey/Site Plan entitled"New Suffolk Waterfront Lot Change", Sheet No. 1 of 1,dated July 5, 2012, last revised on 10/24/2012 "NSWF, Inc Comments"prepared by Barrett,Bonacci &Van Weele,PC, stamped by-Martin A. Read, L.S. BASIS OF APPLICATION: Request for Variances from Art. XIII Code Section 280-56 and the Building Inspector's September 18,2012 Notice of Disapproval based on an application for a permit for a minor subdivision at; 1) lot size less than the code required 80,000 sq. ft, per Bulk schedule in MIT District, 2) lot size less than the code required 160,000 sq. ft. for the proposed second use, located at: 650 and 380 First Street (corner Jackson Street, Main Street)(adj.to Cutchogue Harbor)New Suffolk,NY. SCTM#1000-117-8-18&19 RELIEF REQUESTED: The applicant proposes a minor subdivision and two permitted uses on a Lot with insufficient Buildable Land, which requires the following requested variances: 1)A lot line change to increase the pre-existing nonconforming lot size(20,119 SF)of Tax Lot 19(proposed Parcel 2)by conveyance of 48,689 SF of lot area from Tax Lot 18 (proposed'Parcel 1) resulting in a nonconforming lot size of 68,808 SF for proposed Parcel 2, where the Code requires a lot size of 80,000 SF and 2)A lot area variance to allow two permitted uses on a lot size of 100,636 SF having Buildable Land of 93,588 SF for proposed Parcel 1, where the Code requires 160,000 SF of Buildable Land for two permitted uses (80,000 SF per permitted use). All as shown on the Survey/Site Plan entitled "New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on 10/24/2012 "NSWF, Inc Comments" prepared by Barrett, Bonacci & Van Weele, PC, stamped by Martin A. Read, L.S. ADDITIONAL INFORMATION: A memorandum from the Southold Town Planning Board, dated December 18, 2012, indicated support for granting of the variances because the applicant proposes "to minimize the development potential of the property, protect public access to the water, and preserve the water view-shed through conservation easements, which are goals that are consistent with the Town's Comprehensive Plan."The applicant stated at the public hearing that the New Suffolk Waterfront Fund cannot financially manage to carry the costs of loans incurred to purchase the property(Tax Lot 18) and, in order to proceed with their proposed plans, must sell a portion of the existing parcel to the adjacent property owner, Robin's Island Holdings, Inc. Additionally, the applicant stated that, to create an income stream that is sufficient to retain ownership of and maintain the premises, they must be able to operate the two permitted uses that have historically existed on the site (marina and restaurant). There were some concerns expressed at the public hearing by nearby property owners, with respect to the problems that could be caused by the increased parking, drainage and septic system requirements for the two permitted uses proposed on proposed Parcel 1. There was also considerable community support for the proposed project and the variance relief applied for at the public hearing. The Board also received letters and email in support of the requested variances. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 3,2013,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law&267-b(31(b)(11. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcel is adjacent to Cutchogue Harbor and lies within the small New Suffolk hamlet center along First Street, near the New Suffolk public beach and parking area, and adjacent to the property that houses a ferry terminal and associated buildings that transport to and from Robins Island in Cutchogue Harbor. The surrounding neighborhood consists of residential properties. Historically the subject parcel had been intensely used as a submarine base and then a very active boat yard which stored large boats, primarily on the southern portion of Page 3 of 4—February 7,2013 ZBA File#6616—NSWF Fund,Inc CTM' 1000.117-8-18&.19 / the property. In more recent years the property was used for the operation of a marina and a 95 seat restaurant called the Galley Ho,which ceased its operation in 2007. Granting the requested lot line change will,not change the'overall appearance of proposed parcels 1 and 2 because their'scenic vistas`of the waterfront will be maintained by the creation of a proposed New York State Office of Parks, Recreation and Historic Preservation Easement Area on proposed Parcel 1 and a proposed Nature Preserve Area on proposed Parcel 2. Granting a lot area variance to permit the continuation of the two uses that have historically existed on the property will not change the character of the neighborhood because the two uses' have co-existed harmoniously within the community over the years and the applicant has stated that the proposed restaurant use will be smaller in scale and less intensely used than it was in the past and that parking for both uses will be accommodated on site, 1 ' 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant for a lot line chan>re cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The applicant seeks to sell a portion of the existing parcel to the adjacent property owner,Robin's Island Holdings, Inc.,which requires the proposed lot line change/minor subdivision. In so doing, the Robin's Island property(proposed parcel 2 (Tax Lot 19) will be substantially increased in size (from 20,199 sq. ft. to 68,808 sq,,ft.) but will continue to be less than the code required 80,000 sq. ft. and will therefore require a variance. The benefit sought by the applicant to operate two permitted uses on proposed Parcel 1 (Tax Lot 18)cannot be achieved by some method feasible for the applicant to pursue, other than an area variance because-the existing parcel will be reduced in size to a non-conforming 100,636 sq, ft. where the code requires 160,000 sq. ft. (80,000 sq. ft. per use) for the two permitted uses on the subject property, therefore requiring variance relief for insufficient lot size. 3. Town Law 6267-b(3)(b)(3). The variance granted herein for proposed Parcel 2 having a resultant Lot Size of 68,808 square feet is mathematically substantial, representing 14% relief from the code required 80,000 square feet. However, the substantiality is mitigated when considering the proposed lot size will be an increase of more than three times the pre-existing lot size, bringing the proposed lot size of Parcel 2 (Tax Lot 19) into more conformance with the Code. The variance granted herein for two permitted uses on proposed Parcel 1 having a 'resultant lot size of 100,636 SF of which 93,588 SF is Buildable Land is mathematically substantial, representing, 83% relief from the code required 160,000 square feet for two permitted uses. However, the applicant states that the proposed two uses will be smaller in scale in relation to the same two uses that have historically existed on the site, 4. Town Law 6267-b(3)(b)(4),No evidence'has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. While concerns were expressed at the public hearing about problems with drainage, flooding, parking and septic on and around the proposed parcels, in order to proceed with the proposed project the applicant must comply with Chapter 236 of the Town's Storm Water Management Code,and obtain site plan approval from the Planning Board and the Suffolk County Department of Health Services, all of which will address and mitigate possible adverse impacts. Additionally, the applicant seeks to provide the community with the benefit of open space and the preservation of scenic vistas and access to the waterfront, and minimize development by maintaining the two historic uses on the subject parcel (restaurant and marina) that are much less intense than many of the other uses that are permitted in the MII zone wherein the property is situate. _ 5. Town Law §267-b(3)(b)(5),,The difficulty has-been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to,or at the time of purchase. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a minor subdivision and two permitted uses on proposed Parcel 1, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. ' ' d Page 4 of 4—February 7.2013 7.BA File#6616—NSWF Fund,Inc CTM 1000-117-8-18&19 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Dinizio,and duly carried, to GRANT, the variance for the lot line change as applied for, and shown on the Survey/Site Plan entitled "New Suffolk Waterfront Lot Change", Sheet No. I of 1, dated July 5, 2012, last revised on I0/24/2012 "NSWF, Inc Comments"prepared by Barrett, Bonacci & Van Weele, PC, stamped by Martin A. Read, L.S. GRANT, the variance for the two uses (restaurant and marina) on proposed parcel 1 as applied for, and shown on the Survey/Site Plan entitled "New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on 10/24/2012 "NSWF, Inc Comments" prepared by Barrett, Bonacci & Van Weele; PC, stamped by Martin A. Read, L.S. SUBJECT TO THE FOLLOWING CONDITIONS: I. The relief granted herein for two uses on parcel 1 is subject to final site plan approval by the Southold Town Planning Board and the Suffolk County Department of Health Services That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued J Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in'delays and/or a possible denial by the Building Department of a building permit, and may require anew application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. l The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board Ayes Members: Weisman (Chairperson) Horning, Dinizio, Schneider This Resolution was,duly adopted (4-0) (Member Goehringer was absent) Leslie Kanes Weisman,Chairperson Approved for filing /2013 I r BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� riy0 53095 Main Road•P.O.Box 1179 Eric Dantes ti0 Southold,NY 11971-0959 • er S?irfice Location: Gerard P.Goehrin g G Q Town Annex/First Floor,Capital One Bank George Horning • ,^�aa�O 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU0 Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEAL_S 44GA �1 .b TOWN OF SOUTHOLD JUN 2 ?4a,4 Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 19,2014 ZBA FILE No.; SE 6617SE AMENDED(2) NAME OF APPLICANT:New Suffolk Waterfront Fund,Inc. SCTM# 1000-117-08-18 PROPERTY LOCATION: 650 First St.,(adj.to Cutchogue Harbor)New Suffolk,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application=and determines that this review falls under the Type 11 category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Dec. 13, 2012, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards.The LWRP Coordinator issued a recommendation dated Jan.3,2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The program supports the historic restaurant use through policy 10.1(b). PROPERTY FACTS/DESCRIPTION: The applicant has represented that the subject property,denoted as Parcel 1,has a lot area of 100636 SF of which 93588 SF is upland/buildable land.Parcel 1 is the resultant area of Tax Lot 18 after a proposed re-subdivision(Lot line modification)which is presently pending before the Planning Board.Tax Lot 18, before the re-subdivision,previously had two Permitted Uses operating concurrently, a Restaurant Use and a Marina Use.Parcel 1 fronts First Street for 272.54 feet at its western boundary, fronts Main Street for 242.44 feet and Parcel 2 for 108.7 feet at its southern boundary.It has 631 +/-feet along Cutchogue Harbor to the east and 254.46 feet on the northern property line.The parcel is improved with a Barn/Storage building,a 1=Story Marina Accessory Building,a building used previously(and as recently as 2007)as a 95-seat Restaurant(now in disrepair),a Boat Basin,and a historical monument denoting the parcel as the location of the nation's First Submarine Base. The subject Page 2 of 5—June 19,2014 ZBA File#6617SE—NSWF Fund,Inc. SCTM:1000-117-8-18 parcel also has a beach area. All as shown as Parcel 1 on the Survey/Site Plan entitled"New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5,2012,last revised on 10/24/2012"NSWF,Inc ' Comments"prepared by Barrett,Bonacci&Van Weele,PC, stamped by Martin A.Read,L.S. RELIEF REQUESTED: The Building Inspector has determined that the previous Restaurant Use has expired.Therefore the applicant is required to apply for the permitted Restaurant Use by special exception by the Board of Appeals.The applicant proposes a Restaurant Use in a MII district in accordance with Zoning Ordinance,Article XIII,Section 280-55, Subsection B(1). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Restaurants, excluding outdoor counter service, drive-ins or curb-service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. The proposed Restaurant Use is shown on the map prepared by Joseph Fischetti, P.E., dated February 2,2013,entitled"New Suffolk Waterfront",Parking Requirements, Sheet No. 1. ADDITIONAL INFORMATION: There were many letters, emails and testimony received in support of the proposed Restaurant Use.There were also letters,emails and testimony received voicing concern that the new Restaurant Use may increase problems with insufficient parking,traffic congestion,and increased flooding during storms. ADDITIONAL INFORMATION AMENDED DECISION(2) On May 30,`2014 the Board of Appeals received a request for comments from the Southold Town Planning Board on the site plan application submitted to them by New Suffolk Waterfront Fund Inc.,specifically regarding compliance with the conditions imposed in this decision(ZBA File #6617SE).Based upon a review of the Planning Board's application and accompanying site plans and architectural drawings,the Board submitted a written Memorandum on June 6,2014 with the following findings: 1. The proposed bulkhead setback of 75.4 feet for deck additions on the seaward side of the Galley Ho building are conforming to code,as are all other code required dimensional requirements.Therefore no further variance relief is required from the Board of Appeals (Condition 2 cited herein).This assessment has been confirmed by the Chief Building Inspector in a mutual review and discussion of the documents cited above with the ZBA Chairperson on June 3,2014. 2. The proposed 47 SF addition to the Galley Ho building is deemed to be de minimus in- nature by the Board of Appeals; and since the applicant continues to propose a total of 66 seats for the subject restaurant,there is no proposed increase is the intensity of use and no further action by the ZBA is required,as currently applied for to the Planning Board (Condition 3 cited herein). 3. The ZBA reserves the right-to review any proposed future changes to the plans reviewed in the ZBA Memorandum dated June 6,2014 for compliance with ZBA conditions. 4. To ensure that there is no other enlargement of habitable space to the Galley Ho building, the Boardof Appeals will amend ZBA decision#6617SE by adding a 5`h condition of approval. Page 3 of 5—June 19,2014 ZBA Filc#6617SE—NSWF Fund,Inc SCI"M:1000-117-8-18 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on January 3,2013 and February 7, 2013,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and finds: A. That the Restaurant Use as proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.The Restaurant Use is proposed in its existing location and at a smaller scale than what previously existed upon this parcel (66 seats as opposed to the original 95 seats). While concerns were expressed by some residents about the required parking,traffic and new septic system upgrade that a renovated restaurant would require, the applicant shows an adequate parking yield on the subject parcel for the proposed restaurant use in its current location, in addition to parking for a proposed 15 slip marina, as shown on the site plan dated Feb. 2, 2013. Additionally, the required review and site plan approval by the Southold Town Planning Board, the Suffolk County Department of Health Services and the DEC will provide mitigation measures to address potential adverse impacts, including,impacts to scenic view sheds. Moreover, no evidence was presented to indicate that the previous Restaurant Use prevented the orderly and reasonable use of adjacent properties. Therefore, the Board concludes that the proposed Restaurant Use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the Restaurant Use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts.There was evidence presented by verbal and written testimony implying that the various permitted and legally established uses in this district are in deficit of available parking areas to support all of the present uses.The proposed Restaurant Use will be required to supply the needed parking requirements on the subject parcel and address any detriment to permitted or legally established uses during the required site plan review by the Planning Board. C. That the safety, the health,the welfare;the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The proposed Restaurant Use will re-establish a use that has long existed harmoniously on the subject property and at a less intense, smaller scale operation. . Additionally, no evidence was presented to indicate that the previous Restaurant Use adversely affected the safety, the health, the welfare, the comfort, the convenience or the order of the town. Therefore,the Board concludes that the Restaurant Use as proposed will not adversely affect the safety,the health,the welfare,the comfort,the convenience or the order of the town. 1 D. That the Restaurant Use will be in harmony with and promote the general purposes and intent of this chapter. The proposed Restaurant Use is a permitted use by special exception by the Board of Appeals in this Marine 11 District. A Restaurant Use previously existed on this parcel and the applicant proposes to re-establish the same use. Page 4 of 5—June 19,2014 ZBA File#6617SE—NSWF Fund,Inc SCrM: 1000-117-8-18 E. That the Restaurant Use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility, scale and overall appearance. A Restaurant Use previously existed on this parcel and was compatible with the character of this neighborhood and community. The Restaurant Use as proposed includes renovating and improving the existing structure,which is currently in disrepair,and operating at a less intense scale than what previously existed. The compatibility of the proposed restaurant's overall appearance and visibility will be addressed during Site Plan Review and approval. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection because site plan approval by the Planning Board will insure same. G. That the proposal complies with the requirements of Chapter 236, Storm water Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Storm water Management. Site Plan Review and approval will insure compliance with the requirements of Chapter 236, Storm water Management. Required improvements to the sanitary system, flood plain compliance, and site drainage will improve the treatment of sanitary waste, which will benefit the adjacent wetland areas and improve the Peconic Bay ecosystem. The Board has given consideration to the "Matters to be considered" governing Special Exception uses set forth in Section 280-143,A through P, in making this determination. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Weisman(Chairperson),and duly carried to GRANT,a Special Exception,as applied for,and shown on the map prepared by Joseph Fischetti,P.E., dated February 2,2013, entitled"New Suffolk Waterfront",Parking Requirements, Sheet No. 1. SUBJECT TO THE FOLLOWING CONDITIONS: 1. � Final site plan approval by the Southold Town Planning Board,the Department of Health Services,the DEC and any other regulatory agency from which permits and approvals must be obtained - 2. Any future variance relief from the Board of Appeals that may be required 3. The Board reserves the right to further review any changes in the intensity of use for the restaurant as proposed in this application and described in this decision. 4. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy.Therefore,as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. 5. The proposed deck additions,as noted on the site plan by Marshall Paetzel,ILA stamped received by the Planning Board on April S.2014 must remain open to the sky and may not be enclosed with any roof or walls,either permanent or temporary. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. d • Page 5 of 5—June 19,2014 ZBA File#6617SE—NSWF Fund,Inc. SCTM•1000-117-8-18 BOARD RESOLUTION(February 28,2013): Motion to amend was offered by Member Weisman (Chairperson), seconded by Member Schneider,and was duly carried to; AMEND the language under Findings paragraph A. Vote of the Board: Ayes. Members: Weisman(Chairperson,)Horning,Goehringer,Schneider. This Resolution was duly adopted(4-0). BOARD RESOLUTION(June 19,2014): Motion to amend was offered by Member Weisman (Chairperson),seconded by Member Dantes,and was duly carried to; AMEND the decision by adding Condition#5 cited above Vote of the Board, Ayes:Members: Weisman(Chairperson,)Horning, Goehringer,Schneider,Dantes. This Resolution was duly adopted(5-0). Z Leslie Kanes Weisman,Ch irperson Approved for filing 6 k 12014 1 AGRICULTURAL DATA STATEMENT ~ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant. Ne+.j -Ft VIS-, 2. Address of Applicant. .P• 0 0c-�X N-6, , NeWS 0e 9 N lt0, 3. Name of Land Owner(if other than Applicant): 'S c:-vne 4. Address of Land Owner- .5a,mA 5. Description of Proposed Project: di fi , o$ it` i5 1d welcoe ctC kV1Q 9 cid `s&h-KfiPs Meto SdjW 6, J Location of Property. (road and Tax map OLVIa Q- )Ceck �0'Qx!�—Ih Y P'1; number) 6,5o T-;,-St S-�oSu--6I�� G 195&6a--6 A k-�- ch 1 mo-9 7. Is the parcel within 500 feet of a farm operation? { } Yes`-{ } No 8. Is this parcel actively farmed? { } Yes } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS �-J/A 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Si nature of Applicant Date Note. 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property i owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 61720 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1 You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor I�nf`o_rmation hCc�� P�g�a-s a r � Name of Action or Project: , ,5;i Ovi or— t tcc �n��+ n`�►,,c�l-c���vavru(zctJc�s c�vtf d�Yr-�i s% `c 91c @ l Project Location(describe,and attach a location map): d Pvt7o- 11-7.00 lS� of ' Brief Description of Proposed Action: ��lO+�t1f���S C 1 /Pa'!a ��►' inJ��co,-Ae?. `J7�� q t5�itt i` + 4C d deA-h�es �- I-- Name of Applicant or Sponsor- J Telephone: q 1'7 , 379 , W eui `J�' ,-t ,rrt E-Mail: ,u3.s-�e cl s mai 1 cc d Address:P,0, _13oX i` (,� State: Zip Code: City/PO: 1.Does the proposed action only involve the legislative adoption of a plan,locallaw,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a Total acreage of the site of the proposed action? a,,:3 acres b.Total acreage to be physically disturbed? 0 acres c Total acreage(project site and any contiguous properties)owned a acres or controlled by the applicant or project sponsor? 4. Check all land uses that occur on,adjoining and near o Industrial proposed Commn. ercial Residential(suburban) ❑Urban ❑Rural(non-agriculture) ❑Forest ❑ Agriculture '0 Aquatic ❑ Other(specify). ❑Parkland i Page 1 of 4 5 Is the proposed action,, NO YES N/A a.A permitted use under the zoning regulations? b Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or.natural NO YES landscape? A 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify 8 a Will the proposed action result in a substantial increase in traffic above present levels? NO YES b. Are public transportation service(s)available at or,near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: M A 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13 a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X, b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑ Agricultural/grasslands ❑Early mid-successional 0/1,11 ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO 1:1 YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly.describe: ❑NO ❑YES a �� 9� Page 2 of 4 4 , 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,gdescribe: euYrn s �II w 5 i pat.li�'1ed i rt ,2ao v i �a4d ���(A� W1ento &A TUN15 u a '-fletebefAGL'� ('l o-' YY11tLPG� ° 12(0 e k2 r1�-cL' e.(� •vp 0 o�,'cz.d a. �a�s dna -{ y_•G.yy rrnec�d�.Pu.G-I'i II AFFIRM THAT THE INFO TION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE �/ Applicant/sponsor name: /� �� Date: Signature: �r- i Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may i occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate ` small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3 Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. 1 ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. information and analysis above,and any supporting documentation, 11 Check this box if you have determined,based on the that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of I\esponsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, S�IP.wS� tk W rrf—�uyj LKesiding at PO=fix I lbe,Ne—S !,i I I aS (Print property owner's name) (Mailing Address) do hereby authorize `porde �l�►c+v�-I"z ��n� (Agent) I pari ci MC I n-6 to apply for variance(s) on my,behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) I APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : 6 A C jy-�+M VP iGi ec. a (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) - Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest. "Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5%of the shares. YES-, NO _ If you answered"YES",complete the balance of this form and date and sign where indicated. Nene of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or,describe in the space provided: The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a ,J corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) i C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 0 day of Q ' ,20 C . Signature (1 Print Name AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORINT The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same..(� YOUR NAME : 5x 1 n d-�(P if , �-avzc A. p (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance i{ Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planing Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of-(or employment by) a corporation in which the town officer or employee owns more than 5%of the shares. YES NO 3X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that %of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP J Submitted this day of ,20A Signature 4VY�WV4/ Print Name �, �n'® 1 V1�� "�® Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1 1-7 The Application has been submitted to (check appropriate response): Town Board © Planning Dept. 1E Building Dept. ® Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 / construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: FA Nature and extent of action: Nd b 0-n Q-� ei Grn i�i� I- oit,�ed�t's ave i c�e� faP� 2-0 CC k-Cd I-L he a*YA -i v sties 0�i�►�s 1 cx� ca 6d 4&e- f Location of action: G 5-0 R A;4 S6-, NeujSLL+L)) 11--, Ny 1 195-& Site acreage. 2 3 Present land use: C-©-'vmevz'�i& rVAav:' r'.e Present zoning classification: ��`�= 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: �J ew Su+(F (t•JG Ps��ryn-�- w , Inc (b) Mailing address: 1PD BdY, ew SCIGA K 1, 0-1 195-k (c) Telephone number: Area Code ( )_9 1�� (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III Policies; Page 2 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 9 YesE] No ❑ Not Applicable 4 a Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria ® Yes 0 No R Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria 11 YesE] No ® Not Applicable A -an d i e add ii-H D-n o'-b- 'W e(co"O'e 5 a� �-tetvu► ►�� {i elas ®V-1CAj Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria 0 Yes No ®Not Applicable Atb 0-n cd 6b-tJ G-r\ e-F- a Lve l c 0"10 Si , -[V -vx rsh ✓tr j21 1-1 V(Q o n� Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-Policies; Pages 22 through 32 for evaluation criteria. 0 Yes 0 No 0 Not Applicable C�`E7 tM s P csc�c�a'��tM a-F Gt a-e-(Cdnw 6 kk 40A �St7�vlc� f�i I Vtr!S FV-L-&-t d Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ` ❑r Yes ❑ No 0 Not Applicable Az��� is -Nkel cLCVi-ion � a xPic-omo sigV_, �c � �ush►� Li��S c�� Attach addhtional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable aL „ .1plrn,.,.,�c� 1 txoil -t,7 -e.�ti��'c�/iG ter 1,d Q< ®(1 V� VL- VV 4(ate s s.c J e 1 o r� - PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ® YeF_1 No❑ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ® Yes ❑ No 7 Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ® Yes ❑ No ❑r Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-,Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ElNo® Not Applicable i Vlv 1 ed Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Qk�( Fi ova co Of- a r�k�(c_c�rne S i-4-\ �-v �c(St1� �i i i✓tq 5�c,, Created on 5125/05 11:20 AM PVW suAFFoLk W A7SW"cbr-C WELCOME SIGNAGE RENDERING 'RONT VIEW IE lim - !I r6w 15 /2- rye..+gym+�.' .•.. - 21, t .� ...- TWO TWELVE - NEW SUFFOLK WATERFRONT i WELCOME SIGNAGE 1 13 MAY 2021 2 1 t I - S.,� w ^_tire-!-' ^'-� �•:- '.Y"�.+,, _ - +sem z: ��w�7i - . ,yam F' - a��i r- r .r y s. •.:.r r , - r ': � �� ,,.r f � � -s �' .. _ ., AIR� _ �, •. ! �v►• - 4 _ r t .t- 7s�•_.t .� as_ .tea . _ _ � SE h � f h r -0 � y .- i � r, �• -,!111► � -� - _ t... e ee •A { .. .,_��""- r+ Lir _ ,-•. � - _ it r s,M f v. 1 - , < + - x -� al •wl' _ .- Lam! •' y �'•� �. —r ' 7� 1�'A _R 1._ , _ - _ y ..• lAa �f�F,'^/. _ �_ et• r',,.E�l� � .. .. 1 �„� +w. ,. ..." w',� <..r� f.�� -�.t.T'w4 ♦ `Y�` �^~"L 4`-. f! - - 4��s. y ��y,. - _ r�r a .aa ,. t � '.� _+ -s. .�.w. � aY.>. .., a... ti•.'a �'r�' `tt�a y�-`�.Jt � a+ ... 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'",4.x 'Si. �. .r - t k• �tea.'i'"'nF - ��;• `a i „�, M" ♦,..,--moi' r. � n.�„ _ ♦ '• .Y- '� .+w '. �6 T_ , '' •_.wAl: � �a `� _C•"' .. - 'aA } x �-.. +i,.,- •y.,F.� � :+iii - _M1 +�..r - ."y 'f �� F'C N' - ✓�. _ .Er.y ���s�.J"�Y/��` L,y} -�S"° ' - F o.,. _ '' - -'L tf '� �,d''�J• �{;. n 'may -0N1.L -�' �' .`:... _ yo ��,�y,�-tom,^ c ,.� .,,�y ti ���, �,• � .. `i \,�iG+}' .ky ., �., v 4 . , f` y P - v r r ,. a - _ - ��'� ,.'/ ` •�i�Vim•, � // - ,A �/'^' �y. �� _ �x1 .tff !1{1,}' 7 •�.y��7��^��. - 1� j r '> ` r r �• a _. AL .� _ `•, yam:. ;.� +4 _ i�r 4 p �..� �.�i. Y �,. :� ♦ _in 'CA �. _..� •74th �.d �� L' w�`.r„' may'"S��J � r a. �1 ,�. .'-� • f et ��"^f !I t 1w �„ .� � +rte_ ,�� :i 4 y,� %.Z9' ♦� �� •r �• - � t , •vr �{ it r! '+. v'4. .r^� : Y .r-...�—— t �.�a►+�"a7R" �11'r'� � : �f yam•..—�.-'� � � �; M 4F1.- bw Ti I M� .► S" ��• _ � � � �- .i•M r�Fr� � Y}r O�`.4=' +;�� {�4� -•+. - fix. ; tom►•=.wi �`.f_i , , ; ; ,--{� _ ' ` • i TOWN OF SOUTHOLD PROPERTY RECORD CAFE_ L� OWNER STREET ! �-,, ? VILLAGE DIST SUB - LOT ACR. REMARKS ` i ! 6 I t TYPE OF BLD. ` —1 �31 1-3 i ,7q3;1 ( ti's; PROP. CLASS � .` ,~ti '�'' 7, '? 2' -�`;1 7i !, L �;�_ .�.�Lr'�i �l� \� ``�� f 4 / Z-��1 _ ,i=-' � •;%v°,,�,{`?_%�. !t_/ "5 L-s LAND IMP. TOTAL DATE .-,1�; �%• -: r 5~,% `- _ ., ) I; i•J / { 102 I/fi/' �J!" !, `•7 tf -/!:v --�L -------------- -- 1" =— 1 i"t.. �1 4 T t— L I t e` ��✓.G��Jt 1 f f f .—�7— ~/" r�—.` / - �� ' �� _. i;`�<�,!' _ ,Y'�'F/l��;ti ;� �}•''�+�'`---i aJ —7 � �—`yrs-'fytl}C. (, f ------- /o�r�%/���'-r� .,./�+S'•�+I`��i ,�?t�j'`a.. �,/�'.',',2-'+r�rr�';a=�'�'-r�C,�•�-�s +� c' -- ---- - -TOWN OF SOUTHOLD N 2 9 2021 - FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH f MEADOWLAND BULKHEAD HOUSE/LOT TOTAL ` (� y .i S ♦ „u.;Y � sou '- /�: �' ; rl V'•;S- `+'j Vii? -r. . QVVNE�t t _r ��;tf ejrVI y` :.�S�REET. e , r�, ""LA ' DIST: A ✓ SUB. LOT be ire FORMER OWNER �.,a ` l_ljt N NG`w Sl1rFaGK E ,�. �ftf r ACR. r� r Lt U; ✓ ��++� "+Ir s �" �1 rY..f Erf�l' Tf �`!5?+ S%u �n :t"rin r �_ ti„ ► t ►� �!� S W + f! TYPE OF BUILDING 11�-�,i C( �.„i ry.•er+lrt (.!�'�'. ___�'iL�f��'9r r�1 rs`+moi Sf�.�"'�� .i� `5�`".s f.s'P 1!r `_.t' I • V V ES SEAS. VL. FARM —� COMM. CB. MISC. Mkt. Value r ,1 LAND IMP. TOTAL DATE REMARKS �.J14"4•y .ro. fa 1.+ f'�,�,`.��f� " i,y'A- zu+ Y �cry �t Y}r_ r' wrty 1Yi�.l• \sr:tiTtYf'' i"l J ,1 { �.rlra,+ r?� a __may • .jJ .y.•7 r r 1 ,% ,_ ,I 7/! � r7�J -- �r� y— } / I 'l r' /`/ if °' i" 'i� '�'� !l �a^r�/ .��.�s /J L1 r�J < f7 /r /r7'�/f f dG'.C+:� G'��Cy C�?� �� �`C r'J•� Jrls rs. !J /.�/�yi!! ✓7i / r Ko a r��t i J cSi d a {' ! ?: ,{ f l� its V:'JI+1 i.) Y }1p I ► _' —7( C `` 1 ) �l l� i�!f Z� � �YLltd+�C S•:(1tia�+•1 .. Y.�f}l:'r+ hY 1 "('r1 v — + AGE , BUIL dNG CONDITION id/ ' \ �' — �� �'t``�' '� ,, ING , N 7d r / f`z y� t�t �� t "��3' r , r I, w ` Np,N, ' )bf ffAL ;t --�`�` B E� ��► �� I Arte, � ter► -�^ �1 r ��� -�lam �f?',c:i��.• ►t,' rARM' Acre' Value Per Value ? '• Acre kA'r– illable 1L I n A4'715(";."—C f yr 46 'illable 2 I +f J 1`7�L� ~a ie�j L)� si` rl�F!!Q f� il,,;^LF A"� `• ..f� t`�f rsJ1Ff �.!'k i�' °� ` d� 'r+� :J illable 3 fr • c? �c7.s,�,tyeFt%�� ,Jr; a�4 I�<�:n r� ' �'� 1-�;.�".c- ✓oodland + r - �/��J�"Ji1Gf_.9. FRONTAGE ON WATER � " �� �'� (ct wampland , rushland FRONTAGE ON ROAD n Iuse Plot DEPTH t/y } InC �J� t�'�'f.{ t P !r,�r•l, if/i�sW1 i} BULKHEAD a 1l �Z ( 7 1p— L 4� �o C'Jt�li'I�. �.C�;M jv� au,,?�tt.4 oto l DOCK 3 (f )'1 `l r� f� rLt�f�-� �� f.`C =C: :' ' " ,: J '--- .kms=� -._._._ �,____.�._..� :�. , �-,: �- .- �� , . .,. ��;• _DIS. .LOT OWNER _ -�- - �—�- _ - { STREET-__--- -----___��__ _ ��/(CLAG>✓"'' „ ' TRICT" SUB,. _ 0;- .m E, OW�NER1��,1��v . �!'� � N E pe r ACREAGE / ;, 4 W Pets «. r' TYPE OF BUILDING ' 4 -c—. f c t S' a a Mc e is A ; , t � � �r� �� r i'--. • ZES. SCAS. VL. FARM COMM. - IN - I CB. MISC. j~ _ i LAND IMP. TOTAL DATE KS +'"��-- -.- - , ,-/- ---- w�� .� ,t -•t� , dry -- y` t ti' ' "I f (mob f1X ��� � t�`' W�' =t t fey��'r .� '��?1 t•'&� s+�. 'In ✓4_4,1 >-aAl 1 j ,o _ �� - - ---- �"� - �._ ' .� _ -� :� __ �-� ___ _rte___`'• , _- ..��_,- �_'. "��t�.�� � "�: - - - -- --__-__-. _=_� � '�,,��`�� ,w'� Z /"�'" � � � r � f �,�" t� 3�b �"" ��i ' 'G! ��.'` ,�� P. Yt n L�-� � ' !✓g _ ^ -- .�"a.�f`M1'���'�. AGE ' BUILDING CONDITION NEW NORMAL BELOW _ -- ABOVE__-_____ Farm Acre Value Per Acre i Value I"illable 1 _ -- -- -L"4 Fillable 3' i - <__ -_- _ _• �� _-_ __ 474- ----- - - Noodland ;wamPland { Hl7 ise Plat 00`LIE a � V', ; xy�i?ps;� 't�#1, '7-1 _ , {Mf 4� ,.1 ;,p}. `"'y'*2`act:."3;,�' "? ° -i #`, "N`t'' ` N j " - fn'v,a,r.'^.r g ,r; y.�w,�,�'+,�ku""„�,. ,'�, ',7 y`?.�t},fy`�-},;-`"�' 'i'"s�,`p ff f` .>. - C .rs..,.. ,� s a ux x i �,z�"�r��,a^"'=r e`�,w a,xt�,'`,'"'':^'" ;,��..;.;:,,;•, \+Y� p �D��"fig a*C4 5'+++,.^-,' sr*5ti}' *, -i,G,, r d�, ,. '�""; ° Mv?.xW�"�.' 7 `�.., "� "'p y XI h� .d'4 '+�f j,71y `}i" Y » 'ri1,�"':p$ � Zu _ ` 7 Ei E aka f ; pit . It a t,z:,Pw•'j if � CC...h" "' m ." -_....n. _ _�- � rr"�h�ry*�{�*w�;�'}" I qt�rr'�S'S ' M. Bldg. dation Bath I ( Floors ;, Extension Basement -- i — -- -- - - - — i ` x'' s Ext. WolfInterior, Extension * .. . Extension—I Fire Place - Heoit" „ -- -�---- --- - ------ � » _____ Porch - 'Attic - .i, Porch Rooms 1st FloorE -------- ----�--- - -- -- -_- � �� _— `' �: Patio` ` •,,; ' �_— :Rooms=2nd Floor ., -_--____----- --- Breezeway DriveVb Garage ; a _ ---- O. B. LS/' ' « � !- Yl"q'' X a.�.f�4�Jv ,. yb ,, �jj��y� � ` -�' e a ,. - .., �•„ -°e� _ '� ..' Y' - « 7 Lb _ _ARD CARD, OWNER - _ STREET VILLAGE DISTRICT SUB. LOT -W- - I FORMER OWNER _--- N — E ACREAGE - --- S, W TYPE OF BUILDING RES. Y SEAS - VL. FARM CON1�/1.', IND. -- ( CB. ( MISC. —^ --- LAND IMP. TOTAL--•-,r_' DATE.', REMARKS • , 1 ___._ / __-.-.. -tel._•_•-- ` _- --_.._.....-.__.- __ _�-._ -_ _. ..- ___.__.-____--_____..__-_- ..._-- AGE BUILDING CONDITION -- � ---_.____.._.--,__----- --- --- --- - --------____ ------------- --•---.-____.—.._-•-------- NEW NORMAL ' BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 i Tillable 2 Tillable 3 1 _ Woodland .i Swampland Brushlan4�i:; - House Plot Total�., sY,v ,.J�"ti"' _ _ ei ;; , k, _ Si_ .l/te:,,s•-,•Yo-r-s _ _ ai�Ft:i.`":, `.F-_ �,��'l, {v^x�"'`,, r"jam". -4ia`;�[ a - ,,iof• fel'{,i"���;' __ , aW', - - .. _ �;-'. =' ii:• •,f �-.. _s ;.y.!">;'-�est"%"J`. � �- '•''�•Y 4'J;� V=J� ��yj,'' _ � - , - ��t„ ;,Ci r` t4�^"'#'gdz:� "7k f,�. .,I„• i,..�}y-w' _ - ,M � q �4a 'r'�i'm'`n}(� e v. °� � f o- .,�;'.” :t, 5.�?,.).',.i .7_ r-,i ,i�_ •K�.. L'^^��::" � �:'�• ri':,i �,,,✓'��,,�" �.'�:+_'' - '� �.�� '-� _ f,i<fN ,�.' - -�:� rr}, t'` - �te'•y��i"'t '/��i„�t��� f�. 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Library/ Study Dock � } 44pdoon .fype»si<ContractNumber»-«Variable Number» <<Region_Code>, «Protect Name » office Pa�r ,Recreation and Historic Preservation EPF Conjervation Easement '! � � 9 J ECL ArticlC 49 n S f�Q/Zfl S, �E' P fj�f S EPF-E10025 d� f CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT,made this day of , 2013 between the NEW SUFFOLK WATERFRONT FUND, INC., having an address at 650 First Street, PO Box 146, New Suffolk,NY 11956 ("Grantor"), and THE PEOPLE OF THE STATE OF NEW YORK, acting by and through the Commissioner of the Office of Parks, Recreation and Historic Preservation,Albany,NY 12238 (for USPS postal mail),with offices at 625 Broadway,Albany,NY 12207(for physical delivery),("Grantee"). WITNESSETH: ' WHEREAS, Grantor is the owner of all that certain real property located in New Suffolk, Town of Southold, County of Suffolk,New York, as more particularly described in Exhibit A attached hereto and made a part hereof(the"Protected Property");and \ WHEREAS, the Protected Property possesses significant recreational, scenic, historical, architectural and open space features and values;and WHEREAS,Grantor is,as of the date hereof,with the granting of this Conservation Easement,confinning its commitment to develop,maintain,operate and provide for the public's use and enjoyment a PARK PROJECT as defined in 9NYCRR 439.2m and-441.4b; and is agreeing to construct, develop,preserve and operate a park on the Protected Property as required in 9NYCRR 441.4b;and WHEREAS, the State of New York has awarded the Grantor a grant under the provisions of the Environmental Protection Act in connection with EPF Grant No. E10025 for the acquisition of the Protected Property; and WHEREAS, the Protected Property will be,used as a public park which will include open space, picnic areas, beachfront area, waterfront viewing area, fishing pier, submarine base memorial, and historical areas,among other amenities;and WHEREAS, Grantor has agreed to place restrictions on the Protected Property as part of its transaction with Grantee,while retaining the use of the Protected Property as a public park as defined above; and, WHEREAS,the State of New York has enacted Article 49,Title 3 of the Environmental Conservation Law (as the same may be amended, "Article 49") to provide for the limitation and restriction of development, rranagement and use of real property by Conservation Easement; NOW, THEREFORE, in consideration of the facts above recited and of the mutual covenants, terms, conditions and restrictions herein contained and other good and valuable consideration,Grantor does hereby grant and convey to Grantee, its successors-,and assigns forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terns, covenants and obligations on Grantor's part to be observed and performed and Grantee's rights to monitor and enforce same, all as hereinafter set forth, over and across the Protected Property (the"Ease.nent"). 1. Purpose. The purpose of this Easement is to grant to Grantee certain rights to restrict the use and development of the Protected Property to protect in perpetuity the use of the Protected Property for the `purpose of providing waterfront open space for public access and use,and through such protection, enhance,preserve and protect said Park for the use and enjoyment of the public. «Application Type»-((ContractNumben)-«Variable_Numben> • • . <(Region ) Code «Project_Name» It 2. Prohibited Uses and Practices."The following uses and practices are inconsistent with the purpose of this '--Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof- (a) ereof(a) Any commercial, industrial or residential uses of the Protected Property,except as expressly permitted herein. (b) The division or subdivision of the Protected Property. (c) The construction,erection, maintenance or replacement of any buildings,roads,roadways,signs(other than informational or directional signs), billboards,satellite dishes, fences,docks or other structures or improvements of any kind or nature whatsoever on or over the Protected Property except solely the Permitted Improvements(as defined in subparagraph 4(a)hereof). (d) The dumping or storage of ashes, trash, waste, garbage and sawdust on any portion of the Protected Property, except such storage of the aforementioned material as may be normally and reasonably incidental to uses permitted hereunder. No chemical wastes or other hazardous waste materials may be dumped or stored on the protected property. (e) Dredging, mining, excavation, filling or other use of the Protected Property, which is detrimental to drainage, water quality, flood control or the fish and wildlife attributes of the Protected Property; subject, however, to Grantor's right to build, install, maintain, repair and replace the Permitted Improvements in accordance with the provisions hereof and all applicable laws and governmental regulations. (f) Disturbances of the Protected Property's surface topography, including but not limited to filling, excavation, grading, removal of topsoil, sand,gravel,rocks or minerals,or changing of,the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation,maintenance or replacement of any of the permitted Improvements in accordance withthe terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. (g) The use of toxic chemicals, including, without limitation, pesticides and herbicides, on the Protected Property, except in connection with interior operation and maintenance of the Permitted Improvements or as permitted by the Office of Parks. Recreation and Historic Preservation ("OPRHP") and the Department of Environmental Conservation ("DEC") or any other governmental agency,.having jurisdiction over the Protected Property and in accordance with all applicable governmental laws and regulations. (h) Except as may be required for emergency purposes or for necessary management actions of Grantee or Grantor or for the construction and maintenance of the Permitted Improvements, the use of off-road motorized vehicles other,than on the roads�on the Protected Property, including, without limitation, automobiles,all-terrain vehicles and motorcycles. 3. Affirmative Rights Conveyed. (a) Grantee and its duly authorized representatives shall have the right to enter the Protected Property at reasonable times,for inspection purposes as contained in Paragraph 6. (b) Grantee shall have the right to review and approve any plans for development, construction or installation of structures or improvements on the Protected Property. r 4. Retained Rights of Grantor. Subject to the purpose and provisions of this Easement, including, without limitation,the provisions of Paragraphs 2 and 3 hereof,Grantor reserves and retains all customary rights of ownership in the Protected Property, to the extent such rights are exercised in a manner which is not inconsistent with the use of the premises as a public park,including, but not limited to: (a) The right to renovate, repair and maintain the foliowing existing structures and facilities, as Permitted «Ap ion_Type>>.«Conhw Number)-((Variable Number) «Region_Code» ((Project—Name)) i Improvements, in order to enhance the premises for use as a public park: (1) Bulkhead structures, groins, revetments, and associated decking, pilings, docks, ramps, small equipment storage, and fencing, including replacement thereof; and installation of accessory lighting, electric, water and other appropriate utilities, and provision for signage for safety precaution. (b) The right to construct, install and maintain the following Permitted Improvements as enhancements to ,the Protected Property for use as a public park: (1) Parking areas,with associated utilities,fencing,signage, landscaping and drainage; (2) Upon review and approval by Grantee,as evidenced by a letter signed by the Commissioner or her delegate, underground sanitary facilities and underground drainage structures, and expansion thereof as necessary to comply with applicable regulatory provisions,in connection with the use of the structures serviced thereby within the Property and adjoining property of the Grantor, and necessary fill and grading to properly install same in accordance with applicable Health Department regulations. It is expressly understood that all sanitary facilities constructed on premises will be completely underground and will not interfere with the recreational use of the premises. (c) Subject to approval by the Grantee, as evidenced by a letter signed by the Commissioner or her delegate, additional recreational, cultural and support facilities consistent with the use and enjoyment of the Protected Property as a public park. The construction, repair and maintenance of any Permitted Improvement shall be undertaken in a way which mitigates, to the greatest extent practicable, any effects on any stream, wetland, pond, lake or other body of water located within 100 feet of such improvement. (d) The right to manage and improve the land and vegetation by landscaping, including planting, cultivation,trimming and removal of grass,trees, shrubs and flowers for the purpose of enhancing the Protected Property as a public park. 1 (e) 'The right to include the area of the Protected Property for computation.of density'in connection with proposed improvements and uses on the remainder of the Grantor's adjoining property, for purposes of the Suffolk County Dept of Health Services codes and regulations and the Southold Town Zoning Code provided, however, that no construction needed for compliance with the code take place on the protected property beyond that which is permitted under this easement. 5. Public Access. There shall be public access to the Protected Property, except that access to those areas customarily used for administrative, maintenance, safety and public health purposes, may be restricted. Grantor may promulgate rules and regulations regarding hours of use for the public. 6. Inspection. Grantee and its duly authorized agents, employees and representatives shall have the right to enter the Protected Property upon reasonable notice to Grantor;at such times during normal business hours and in such manner as will not unreasonably interfere with Grantor's use of the Protected Property in accordance with this Easement, to examine and inspect the Protected Property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on Grantor's part to be observed or performed under this Easement. 7. Enforcement Rights of Grantee. Grantor acknowledges and agrees that Grantee's remedies at law for any violation,of this Easement are inadequate. Therefore, in addition to,and not in limitation of,any other rights of Grantee hereunder or at Iaw or in equity,in the event any breach,default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 30 days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach,default or violation which requires immediate action to protect the purpose of this Easement) Grantee shall have the right (a) to institute a suit to enjoin.or cure «Application Type»-c<ConVactNumben>-«Variable_Numben) •," ((Region—Code)) «Project Name)) such breach, default or violation by temporary and/or permanent injunction, or(b)to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance'with the terms, conditions, covenants, obligations and purpose of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term. condition, covenant or obligation under this Easement. 8. Baseline Data. In order to establish the present uses and condition of the Protected Property so as to be able to properly monitor its future uses and condition and assure compliance with the terms hereof, r Grantor will make available to Grantee existing documentation in its possession of the natural condition of the Protected Property and Grantee has caused to be prepared such additional documentation deemed appropriate by Grantee, including a survey of the Protected Property showing its relationship to adjacent features and properties, and on-site photographs. The aforementioned documentation shall constitute an inventory of the Protected Property's relevant features and conditions(the "Baseline Data"). The Baseline Data shall be kept on file at Grantee's offices and shall be accessible to Grantor upon reasonable notice during normal business hours. The parties acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the present uses or condition of the Protected Property,the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other evidence to assist in the resolution of the controversy. To the extent Grantor and Grantee have initialed the Baseline Data, such Baseline Data shall be presumed to be a correct depiction of the Protected Property as of the date hereof. 9. Grant in Perpetuity. (a) The provisions of this Easement shall run with and be a burden upon the Protected Property in perpetuity and shall be binding on Grantor and Grantee and their respective successors and assigns, and any party entitled to possession or use of the Protected Property while such party is entitled to such possession or use. Any successor or assign of Grantee shall be a qualified organization within the meaning of Article 49 and shall expressly assume the obligation to carryout the conservation purpose for which this Easement is granted and the other obligations of Grantee hereunder. (b) If Grantee or any successor or assign ceases or fails(i)to enforce this Easement,(ii)to exist, or(iii)to be a Qualified Organization, and upon the occurrence of such event, fails to assign all its rights and interest in the Protected Property, and delegate all its responsibilities, under this Easement to a Qualified Organization, then the rights and interest of Grantee under this Easement shall be vested in another Qualified Organization in accordance with a cypres proceeding of a court of competent jurisdiction. 10. Amendment. This Easement can be modified only in accordance with the common and statutory*law of the State of New York applicable to the modification of easements or covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement including requirements imposed on Grantor pursuant to licensing procedures or any authorized governmental-licensing or permitting agency. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion,,to agree to amendments to,this Easement which are not inconsistent with the purpose of the Easement provided, however,that the parties shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, any regulation issued pursuant thereto, and provided further that Grantee shall agree to the modification of this Easement to conform to such licensing procedures or any other authorized governmental licensing or permitting agency., 11. Notice. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be aAp 'tion Type»-«ContractNumber)-«Variable_Number>I «Regioa_Code» ((Project Name» contained in an accurately addressed, sealed-envelope, marked for delivery by fust class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Notices to Grantor and Grantee shall be addressed to their respective addresses as set forth above, or to such other addresses as they may designate by notice given in accordance with this Paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this Paragraph. Notice shall be deemed given and received as of the date�of its personal delivery or the date of its mailing in accordance with this Paragraph. '12. Cooperation Agreement. Grantor and Grantee agree to cooperate.to comply with the provisions of Article 49, and the Regulations promulgated pursuant thereto, so that this Easement will qualify, as a perpetual conservation restriction,thereunder. 13. Indemnification of Grantee. Grantor agrees that Grantee has no affirmative obligation relating to maintenance of the Property. Grantor further agrees that Grantee has no'responsibility relating to costs, claims or liability arising from personal injury,accidents,negligence,or damage to Property resulting from public or private use of the Property allowed by, arising out of, or resulting from this Easement. Grantor shall indemnify, hold harmless, defend and reimburse the Grantee from and against any and all claims, actions,suits,damages, liabilities,penalties,costs or expenses, including reasonable attorneys' fees,of any kind or nature whatsoever on account of injuries to or death of any person or damage to any property arising out of Grantee's ownership of this Conservation Easement. 14. Grantor's Title. Grantor represents and warrants to Grantee (a) that Grantor is seized of the Protected Property in fee simple,and(b)that Grantor possesses full corporate right and authority to grant and convey this Easement pursuant to this instrument. 15. Grantee's Representations. Grantee represents and warrants that Grantee is a Qualified Organization. lb. Further Conveyance By Grantor. (a) The Grantor shall not sell, dispose or use the Protected Property acquired hereunder for other than public park purposes without the prior written approval of the Commissioner,and the express authority of an act of the Legislature as provided in 9NYCRR 441.5. (b) (Municipalities) The Grantor Municipality shall not restrict the use of or access to the Protected Property by non residents of the municipality or impose a fee for such use without prior written approval of the Commissioner of Parks,Recreation and Historic Preservation. 17. Miscellaneous. (a) This Easement shall be binding on the parties and their respective successors and assigns. The terms "Grantor" and "Grantee", wherever used herein, and any pronouns used in place thereof, shall mean and include their respective successors and assigns. (b) If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. (c) In enforcing its rights hereunder with respect to a breach, default or violation of this Easement, Grantee shall take into account the reasonableness of requiring Grantor to cure the same and the time required to restore the Protected Property under the relevant circumstances,including but not limited to the season of the year and the accessibility of the protected Property to Grantor. (d) All captions set forth herein are for convenience of reference only, and shall in no event be construed to limit,enlarge or modify any substantive provision of this Easement. «Application Type»-aContractNumber)r«Variable_Numbem * �' «Region Code» , aProject Name» (e) References herein to specific actions required or permitted to be undertaken by OPRHP and DEC hereunder shall in no way be deemed to waive or limit the regulatory authority or jurisdiction which ' OPRHP or DEC otherwise have or shall have(independently of the provisions of this Easement). IN WITNESS WHEREOF,Grantor has executed and delivered this Deed of Conservation Easement as of the date first set forth above. GRANTOR: New Suffolk Waterfront Fund,Inc. By: Barbara Schnitzler Chairwoman Acknowledged and Accepted: GRANTEE: THE PEOPLE OF THE STATE OF NEW YORK,acting by and through their Commissioner of Parks,Recreation and Historic Preservation By: Carol Clark Deputy Commissioner for Real Property and Legislative Affairs DEPARTMENT OF LAW APPROVAL Date: GRANTOR STATE OF NEW YORK ) SS.. County of SUFFOLK ) On the day of in the year 2013,before me,the undersigned,personally appeared Barbara Schnitzler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s)acted,executed the instrument. Notary Public,State of New York OFFICE OF PARKS,RECREATION AND HISTORIC PRESERVATION STATE OF NEW YORK ) SS.. County of ) On the day of in the year 2013,before me,the undersigned,personally appeared Carol Clark, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument-and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public,State of New York 1 _ «Application Type»-«ContractNumben>-<<Variable_Numben> ((Region Code» ((Project—Name)) Record and Return to: Beatrice Gamache NYS OPRHP-Bureau of Grants Albany,NY 12238 EXHIBIT A Descrintion New York State Parks,Recreation&Historic Preservation Easement Area ALL that certain plot,piece or parcel of land situate,lying and being at New Suffolk,Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the easterly side of First Street distant 177.54 feet northerly from the corner formed by the easterly side of First Street and the northerly side of Main Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East,45.00 feet along the easterly side of First Street; THENCE South 83 degrees 47 minutes 30 seconds East,60.00 feet; THENCE South 06 degrees 54 minutes 30 seconds West, 150.58 feet; THENCE South 83 degrees 45 minutes 00 seconds East,241.03 feet to the face of a bulkhead and the high water line of Cutchogue Harbor; THENCE along the face of a bulkhead and high water line of Cutchogue Harbor the following five(5)courses and distances: 1) South 28 degrees 59 minutes 55 seconds East,37.42 feet, 2) South 32 degrees I5 minutes 54 seconds East,9.16 feet; 3) South 22 degrees 14 minutes 14 seconds East, 11.26 feet;- 4) North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 5) South 28 degrees 55 minutes 00 seconds East,33.09 feet to the high water line of Cutchogue Harbor on a stone jetty; THENCE the following eight(8)tie line courses and distances along the high water line of Cutchogue Harbor, on and through a stone jetty: 1) South 81 degrees 48 minutes 54 seconds East,20.94 feet; 2) South 79 degrees 10 minutes 39 seconds East,22.67,feet; 3) South 84 degrees 08 minutes 06 seconds East,45.08 feet; 4) South 81 degrees 15 minutes 12 seconds East,21.64 feet; 5) South 74 degrees 46 minutes 36 seconds East,62.60 feet; 6) South 4 degrees 11 minutes 29 seconds East 33.72 feet;, 7) North 88 degrees 44 minutes 33 seconds West 176.52 feet; 8) North 63 degrees 27 minutes 30 seconds West 31.27 feet; CONTINUING THENCE along the high water line of Cutchogue Harbor the following two(2)tie line courses and distances: 1) South 47 degrees 05 minutes 00 seconds West,73.61 feet;and 2) South 37 degrees 54 minutes 57 seconds West,27.65 feet; THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southeasterly terminus of Main Street; ((Application Type))-«ContractNumber»-«Variable_Numben> ((Region—Code)) «Project Name» THENCE North 06 degrees 13 minutes 00 seconds East,49.50 feet along the easterly terminus of Main Street to the northeasterly terminus of Main Street; THENCE North 83 degrees 45 minutes 00 seconds West, 172.94 feet along the northerly side of Main Street; THENCE North 06 degrees 54 minutes 30 second East, 177.55 feet; THENCE North 83 degrees 47 minutes 30 seconds West,20.00 feet to the easterly side of First Street at the point or place of BEGINNING. Containing 51,993 Square feet to high water line described in Liber 12646 Page 869. Reference SCTM: 1000-117-08-18(p/o) Being and intending to grant a conservation easement over the aforesaid portion of the premises acquired by the Grantor by deed from Peconic Land Trust Incorporated dated December 17,2012,and recorded December 23, 2010 in the Suffolk County Clerk's Office in Liber 12646 of deeds at page 869. i 1 a 27 C. t., I • =- -lk R dpv 0"3-W C am ——————————— 2r~ .-w mw fft"Wa mftwn saw an J mn-M4 eo.,!w,r•N —mfw FMW" e.•+—m w M—=,) ��ftw raw.aa anR. 0joKm 1, a.•ammw—teas] wan rrr rd j a n n ter-tar,-- "m pwwo wjnv ———————————————— -——————————- N 306 782 MATCH UNE FOR PCL NO SEE SEC NO 12A. 110-8_ 034 es Z y " 31 rs° tw K b '9A(c) KI/ll 1 Opp 4.2 (I m 115 7: OA 148A �•/ „923A(C) 2 3 >9 12 n' ew 0 TO" 3 ' � ate Jr] N 6 zV6, m4 n4 5 t6 7 $ 89 m 7 to 24 sO 5 o a 25 01 4A(c). v • to .,• x ^ n 0 12 1 w0 l 4 Ii CUTCHOGUE s a 26 +u « ��13 t33 2T ass 61g6-°a°: 03 141 ) \ 22 is t, 291 212 so r' m m V HARBOR 31 0 2 2W) \ d,1 6A(C) u° 30 "^ tm am aryem+WAiERL ] 1, a / ( 47 d L wlm° �` m�•s' b 22A(c) �o1>r 464 46 6 s 8 30 16A(c) A] ]Da ® b+ tat - g� a- 31 eo36 K 39 a-40`S 41 S•43 "ml 038 r t � 34 ^:35= -32° •S 338 "ta zA ST '. •• ORC11ARa1� 1330 21 22 x tm 311 ° . 5 0NT102a-tox s"�m 1 't1 tm Og",m T xGw x s 105"'a x]p f „x ;13 l 30 1 x'm OC 9Tm'S0 st -4 xi x 6 n° p ^g xta° 82 p1:.=x1v6°x xm1,E!! OLK 1m x u 18 lw') \• V/� rV7 - w s o ' Lsr 31 s+ S7 KIND .,� 71• �-���'"'''^ 9 q 5 mt ° t tm a91 Ti�8-]�,a`% clan. t Ty h'xs21A -- ,-p 22 323 0 1 w 14A(C) `� n°0 s 12 t 3 x • '� " C11 0 1;.1�''r'�' :\ to r{ •x'lT/�t w mr UPEG tua Cn 142`T° -(�`tO ,' "i,e�r„ NSEROOLDIST -—1 t�13 x'F ^Y4'J]N��`7'v"C a5%yj•;l'�x.n $322 8321 u'2 N'( xm o +ST Is ( 1 / l' 1 0160 �,�'{r�y1�, , �- ] m F4NN 281 29 30 v 19.1 Ir B .)per oP ` 0 "' �� m 23. S y 16A tioLD ..�q/� m _ PEc 'c0 'SDU[ �-l1 7Y• ]n °t 19 s wa ]', Mm A S �Envn�iroN` /NYa' • ^ 11 21 T t12 x o15. t°? x21 "$ 214 �`(00 3,%(C) 4•1 p� 26A(c)O ,T-1"s ,t =i2 " 6 206s 25 20 •31 to s —Q►!/(1�' ItL � V s15T=ab (sot22 to 1300 o i TOWNOF 8 as '�W R .7^ 124 X23 Ni 141 0 _0 20.9J ata SOUTHa1 a a 11 tmo ,w a P gp c19ov 123 t122 a'] 0 m ] 208 \ 8�I�• I — � BAY I� "V" �l• i PECONIC <� N 302982 1 i NOTICE \S vOI j�@b.L COUNTY OF SUFFOLK © E TDYVN Df SOUTHOLD SECTION NO MAINTENANCE ALTERATION SALEOR y�J y5+ 1 4J.'�1 Real Property Tax Service Agency Y 73a DISTRIBUTIDNO`ANYPORTIONOFTHE c,1Fi 71fi 117 YLLAGE Of 117 SUFFOLKCOUNTY TAX MAPIS PROMISITEO 1' County Center Riverhead,N Y 11901 •'+.•,` �`.n' 6CALE MFEET M W tHOJT NRITTEN PERMISS.ON OF THE )`: t'yy 2W 0 bb .00 A REAL PROPERTY TAX SERVICEAGENCYi'b. P DISTRICT NO 'IOOO PROPERTY MAP CONVERSION GATE Jun 1]201< T _ FIRST STREET .'— N 06'54'30 E 272.54' -.0 —� r�owF oo srs - FE F��_`�_a_ ROW OF WOOD POSTS � . 1.1'N 0.9'E Z 32.20 , 1.3'E I „ Q _ HOT® DU PSTER C) BOX ENCL SOURE �1 J SIGN I FAF GIL W PROPOSED NYS OPRHPEASEMENT AREA GPppN Lt_ W GARDEN C 0IxPARENT H/GH WA7E77 UNE JGARDEN I °y I ° � LEGEND 51,993 SF. TO HIGH Z JWA7FR UNE DESCRIBED 2 NQ I z W O� I r^ WALL W IN L. 12646 A 869) J ° J V' m a x� EDGE OF PAVEMENT M F' OH OVERHEAD WIRES Of tV O OS OS Os Os OS Os S Os % GUY WIRE M Z I I 00 O I —x x— CHAIN LINK FENCE Y. —o o— FENCE OTHER i ° 00000 o I e Cn E Os ps OS OS OO s0 S Os I Q CONCRETE GRAVEL I o ELECTRIC CONTROL BOX QS G) I ~Z .. # LIGHT POLE 3 FE " W OS STRUCTURE — SANITARY • ,. 0.5'N I ( h S O2'11 ��- ® WATER VALVE O; I $Q i RAMP i 2 —1.799 .79 O W ® WATER METER s0 : Qh OS o 5 N M 0 DRAINAGE INLET ;.� SIGN O „ DECK 0 r ccpp M : I a ;F"• UTILITY POLE A/C UNITS R/0 __ I Z I I ❑ ❑ ❑ ❑ 50.7' m 13.3' e SIGN r O V I Q N 1 112 STORY oY -J a W o BOLLARD 22.0' OVERHANG BUILDING N JO W W ��� I ON PILES C W Ir n cV• HANDICAP PARKING Pt 22.0' t n 13.9' N :< D m 10 0 N 06'13'00". E i4v I N 5D.8 rn 6! FE . U ^ O T Q 0.4'S ;' 49.50 . DECK 3 N N 0.5'W !Z Oa �� 1 / o 110 �' B�pq' O['Q� �P5 "�• / O CONCRETE ® W FINAL 1�AAP \ 1 �L,� O� \11 1� 48.1' f G P '( y,_ � �,, �� I� in REFIE1�VED " ,�9�.') (1 I 1 STORY \O 0� � _1 �O CONC. PAD . �''� 't' r' Pn 0 T' le ` t, �� LAWN Q �a MARINA ^ 17 ; SEE DECISION # �!`� S� ° ACCESSORY M a0 J `G �O� ► (MONUMENT) DATED / I 48.7' 22.7' S 83'43'00" E J � 18.38' \ PROPOSED NYS OPRHP I " S 00 47 07 E - S \ n S 02'31'37"' 72 -WOOD t3ULKH wA DE ' 3j. woo° WALKWAY 2.02'45 Y 44.19 S 02'22'54" E NOTES: Ste. \ qAA °°oR� X6'2*" E S� 28.54' o W 5.32' 1. THIS .SURVEY WAS PREPARED FOR A SPECIFIC PURPOSE, AND IS NOT �� Sj� �. °4 I s+P�F � " E S 03 4.3q' o Y INTENDED TO BE USED FOR A TRANSFER OF' TITLE OR ANY FINANCIAL •eS• iy �''9� e� S 00-55-44" 2 ,�N $ PURPOSE. �\y\y� _ I 32'85 S 0130'29" W �N�j• g 2. THIS SURVEY WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT AND S �'F� ,10$ 25.20' � � 0 3 THEREFORE, THE EXISTENCE OF ANY COVENANTS, RESTRICTIONS, EASEMENTS (EXCEPT AS SHOWN) AND/OR RIGHTS OF WAY OF RECORD, IF P ANY, ARE NOT SHOWN OR ADDRESSED. e 3. PROPERTY CORNER MONUMENTS WERE NOT PLACED AS PART OF THIS )� \ o SURVEY. 01 Q o� 4. SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR CONSIDERED AS PART OF THIS SURVEY. PILE S 32'15'54" E TYPICAL �; K 5. THE OFFSETS OR DIMENSIONS SHOWN FROM THE STRUCTURES TO THE ° -�X PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND X S 22'14'14" E a p THEREFORE ARE NOT INTENDED TO GUIDE IN THE ERECTION OF FENCES, TAX LOT 22 & �3 RETAINING WALLS, POOLS, PATIOS, PLANTING AREAS, ADDITIONS TO ? tS�� vpaP P 11.26 °o° BUILDINGS OR ANY OTHER CONSTRUCTION. 5� + N 89'51'08" E LAND NOW OR FORMECLY OF 3 TOWN OF SOUTHC_D ADO 6. LOT AREA = 93,588 SQUARE FEET OR 2.148 ACRES. 14.84 I Q . 1 "BOAT BASIN" DOCK 0 7. BUILDING OFFSETS ARE SHOWN TO FOUNDATION. 0 0 Q y Q n l Q S 8317'57" E W 10.90' o o : Q Q gm o I Q o n r^i 0Date By Revision n � W Q N Surveyed by: C.S. Drafted by: A.V.R. Checked by: C.W. IL N Q t �Po y , 3 /� n 0 o B��KH moo % Barrett o ° �vi °°°K �' � I Q s o °° �°p0 a�o � � iJ W a Bonacci & 2 Q � o O S Q 8175'12-E o Van Weele, PC 3 21.64' = O Q o Engineers • = Q O g Surveyors • Planners 175A Commerce Drive Hauppauge, NY 11788 �� T 631.435.1111 F 631.435.1022 �o �► www.66vpc.com cOo vE �► G�O Tax Map: DISTRICT 1000 SECTION 117 BLOCK 8 LOT 18.1 0 Q yv� GCert'fications indicated hereon signify that this plat I Q 0 of the prape depicted hereon was made it) PROPERTY accordance with the ex sling Coda of Practice forr O Land Surveyors adopted by the New York State 60/ O Association of Professional Land Surveyors. This SITUATE o Q certificai cr,is only fo:-he lands depicted hereon O Q S 33 29and is not cethfi,ation of Title,zoningor heedom n Q O 72' E of encumbrances. Said certifications shall run NEW SUFFOLK only to th,;persons and/or entities listed hereon v and are.',0)se`uentble e°dd"i""°I persons, TOWN OF SOUTHOLD SUFFOLK COUNTY N.Y. entities or subsequent ow^ers. � oT Unauthorized(,Iteration or addition to this survey BOUNDARY is a viok)tion of Section 7209 of New York SURVEY State Education Low Copies of this survey map not bearing the land surveyor's embossed seal and signature shall not be considered to be a true and valid copy © 2019 BBV PC UA: BOUNDARY Date Scale Project No. Sheet No. VIEW: BOUNDARY FEBRUARY 15,2019 1" = 30' A120278A of