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1000-114.-3-1 (2)
LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Withdrawn Proiect Type: Site Plans Status: Withdrawn SCTM #: 1000 - 114.-3-1 Proiect Name: Matt-A-Mar Marina 1987 Address: Wickham Avenue, Mattituck Hamlet: Mattituck Applicant Name: Dr. Aqarabi Owner Name: Dr. Agarabi Zone 1: Mil Approval Date: 6/27/88 OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filing Date: C and R's: Home Assoc: R and M Aqreement: A date indicates that we have received the related information Zone 3: SCA h; N ED Records Mm: ,5, cment SCAN Date: pO. Box 1235 - Mattjtuck, N.Y 11952 516 298-4739 RECEIVED BY June 27, 1988 Town of Southold Planning Board Main Road Southold, New York 11971 To whom it may concern: We would like to withdraw our application with the Planning Board for the Boat Storage Structure that was submitted in 1987. At this time we are studying other options. Thank you, Donald P. Cocks, manager BO. Bo~ 1235 - Mattituck, N.Y 11952 516 298-4739 July 5, 1995 Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 1197! [)ear Planning Board Members, Dr. Agarabi and I would like to thank you for-the recent decision concerning the "Security Pence". As noted in the letter' dated June 28, we will agree to re-vegetate and maintain the strip along which the fence will run. I would also like to single out the fine work that your planner Robert Kassner has done and congratulate the board on their' selection of Mr~Cremers to the board. Sincerely, Donald P. Cocks Marina Manager- · - 6 1905 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hail, 53095 Main Road P. O. Box 1179 Southoid, New York 11971 Fax (516) 765~3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 28, 1995 Donald Cocks Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY 11952 RE: Proposed fence for Mat-A-Mar Marina Zoning District: Marine II SCTMff 1000-114-3-1 Dear Mr. Cocks, The Planning Board has received your letter of June 13, 1995. The Board will permit the green vinyl chain link fence to be installed on top of the bulk head if you re-vegetate, with suitable evergreens, the inside of the fence on the south side and east sufficiently to conceal stored boats . If you have any questions, or require further information, please contact this office. Site Plan Reviewer Mau-A-Mar pO. Box 1235 ~ Mattituck, NY 11952 516 298'*4739 June 13~ 1995 / Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, Hew York 11971 Proposed Site Plan for Fence Dear Board Members It is now 26 months since our original discussions on this security Fence started. In that time period, we have had boats broken into,!vandalism of our buildings and property, and lately people have discovere~ the ease of dropping their refuse off on our property. Now ! have been t~ work sessions where ! have been told that our original plans of running t~e fence along our Southern retaining wall would be fine, only to find out later that no one had recorded this information. Later work sessions had our fence moved into the wetlands (at the suggestion of Mr. McDonald) to the iow water mark. This suggestion was turned down by the D.E.C. for reasons stated in their April 26th letter. I sent a letter dated 5/1/95 to the Planning Board along with a copy of the D.E.C. decision, asking the Board to allow us to install the fence on top of our Southern retaining wall, as originally depicted on our site plan. I received a call from Mr. Kassner the day after your May 95 work session once again with a suggestion from the Board that instead of stopping at the iow water mark, stop at the high water mark. I explained to Mr. Kassner that this would offer little security as people would just walk around the fence to gain entry. My next step was to write to the D.E.C. for their examination of the plan, and once again I have received a letter back (see letter enclosed dated 6/7/95) from them with the suggestion that the fence run on top of our retaining wall as per our original plan. While the Board has agreed to the other fence locations, this South-West corner has been a problem because of the aesthetics. We have demonstrated by installing a section of green vinyl fence, that it blends in very nicely with the evergreens that border our Southern retaining wall. If properties just opposite our marina were given permission to install more obvious fences and tanks (see pictures enclosed) then ! feel it would unfair to prevent us from installing our fence. This decision should be very simple, please let us provide the security our customers want while at the same time protect our property and business from theft and vandalism. Thanking you in advance, Donald Cocks Manager Matt-A-Mar Marina B,..LI I w B & New York State Department of Environmental Conservation Budding 40 -SUNY, Stony Brook, New York 11790-2356 Phone (516) ~.~.0365 Fax # (516} ~ 0373 June 7, 1995 Michael D. Zagata Comm3.s$ion~ Mr. Donald Cocks C/O Matt-A-Mar P.O. Box 1235 Mattituck, NY 11952 RE: Matt-A-Mar Marina Application #1-4738-00306/00003-0 Dear Mr. Cocks: In response to your May 17, 1995 letter requesting the fence to run to the mean High Water mark, the Department offers the following: A fence extending to the mean high water mark would place the fence in high marsh and intertidal marsh. This could trap floatable debris and cause suffocation of the marsh vegetation. The possible loss of wetland vegetation is not consistent with the intent of the Tidal Wetland Regulation (6NYCRR Part 661.9(b) (1)(i). Therefore, the Department'must object to the portion of the fence that extends into the wetland marsh vegetation to the mean high water mark. As stated in my April 26, 1995 letter to you, an approvable alternative would be to end the fence landward of the tidal wetland boundary and then tie into the existing bulkhead to the west as originall~ depicte4-0n the submitted survey. Please submit a revised project description and plans showing the fence to be landward of the tidal wetland boundary. If you have any questions, I may be contacted at (516) 444- 0404. Sincerely, DIANA SANFORD Environmental Analyst DS/ls cc.: L. chiarella Mau-A-Mar. f?O. Box 1235 - Mattituck, N.Y 11952 516 298-4739 Planning Board , Town of Southold Town Hall, 53095 Main Road Southold, N.Y. 1197! ATTN: Planning Board Members RE: Security Fence I would like to meet with you at the next work session to discuss the never ending saga of Matt-A-Mar Security fence. Please take the time to read the following facts: 1. The original proposal was submitted to the Planning Board back in April 93 2. At a work session that ! attended, the approval o~ our' plan was agreed to. 3. For. some reason, the minutes o~ this work session and the members approval, never-made it to the record. ( Mr-. Kassner did remember something about an approval but board member-s did not) 4. When I applied to the Building Dept. approx 6 months later', ! was advised that they had received no approval notice and that I would have to go back. 5. I attended the 8/8/94 work session where we all agreed to the Northern and Eastern borders. It was suggested that instead of our' plan of running the fence along the top of the South retaining wall, that we run from North to South stopping in the South creek at the M.L.W. mark ( Mr. McDonalds sug- gestion) 6. The original proposal had a D.E.C. letter of non jurisdiction. The new suggested plan made it necessary to file a Wetlands Application. 7. April 26, 1995 I Received letter' from ~).E.C. ~ letter enclosed ) with their suggestion that we run the fence on top o~ existing retaining wall. It has now taken 2 years, we have had vandalism and probably lost customers due to the lack of security for. their, boats stored at our' marina. We would like to have some cooperation on letting us install this ~ence, as originally submitted, on our existing retaining wall. As an established business that. is battleing a tough economy, we could use your help on this simple request. Donald Cocks Manager Matt-A-Mar Marina New York State Department of Environmental Conservation Building 40 - SUNY, Stony Brook, New York 11790-2366 Phone 1616) "i~-A-~10365 Fax · ($16) ~.~.~.4)373 April 26, 1995 Mr. Donald Cocks C/O Matt-A-Mar PO Box 1235 Wickham Ave. Mattituck, NY 11952 MI~ D. Zagata Comnl~doner RE: Appl# 1-4738-00306/00003-0 Installation of a fence to Mean low water at at Matt-A-Mar Marina Dear Mr. Cocks= Department staff have reviewed your application and conducted a field inspection of the project site. The following are our findings and recommendations. Department staff believe that if the fence ia installed to the mean low water, it will trap debris and act like a groin causing material to build up along the fence and destroy marsh vegetation. The loss of marsh vegetation will lead to the destabilization of the bank and a loss of erosion control. We therefore must object to the portion of the fence that extends to mean low water, as the possible loss of wetland vegetation is not consistent with the intent of the Tidal Wetland Regulation (6NYCRR Part 661.9(b)(1)(i)). An approvable alternative would be to end the fence landward of the tidal wetland boundary and then tie into the existing bulkhead to the west as originally depicted on the submitted survey. I have enclosed a copy of the Tidal Wetlands regulations for your information. Please submit a revised project description and plans showing the fence to be landward of the tidal wetland boundary. If you have any questions I may be contacted at (516) 444-0404. DLS:Jr cc: L. Chiarella A. Agarabi file Sincerely, Diana Sanford Environmental Analyst I PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr, Bennett Odowski. Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 15, 1994 Donald Cocks Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY 11952 RE: Proposed Site Plan for Matt- A-Mar Marina Zoning District: Marine It SCTM# 1OOO-114-3-1 Dear Mr. Cox: The Planning Board has received your plan of November 8, 1994, in reference to the placement of the fence on the above project. The fence as marked on ,the enclosed plan is satisfactory to the. Board. If you have any questions, or require further information, please contact this office. Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge Incl. Ma -A-Mar _ PO. B0~ 1235 - Mattituck, N.¥ 11952 516 298-4739 N o v e Ill b e 'r' ~:~ ,, ]. 9 9/4 J::'lann:i. ng Board Off:i. ce, 'l'o~n Town Hall, ,_,:)[ ),S Ma:Ln FRoad Sout:hold, I,I. Y.. 1:1. ':)'/:1. ot" t:~r ~.[,,. 'rd ATTN: R,, Kassner RE: L.e'(;t:er dat:ed 11/'2/94 but pJ.(.a.:~(,. I.¢.eel:) in miod '/;hat :i. 1', an e'Fl:or'l:; by the Town Boa'cd shoulcl wo'f"k fine I have noted on 'the s:i. te p].a¥~ en(::-losed~ my approval of the red line with my s:i. gna't;ure and date. Please let me know :i.'f th:i.s ].ette'r. :i.s ef~ough to get: 't,:l'~is cleared u I:. ,. ~ ,:~,~,.~ I'" '~ I I / · , -.h .~ ~A...~ =~- - . ~.~... . ..... _ , .... ~ .... ~ ..... ~ ~ J ~ w PARKING' ' ~ . ~ ~": , .~.-~ · - ~ ~ ~ ZOO . .---. ~ · N ' · - ..~ ~ '-~ , ~ - - . [~',. _~.... , · -'4-'~ ~ ' }'.."-~'.:~ ' ' ' BOAT "' '"' APPROXIMATE SHORELINE HIGH WATER MARK REVISION ~EC. 26,1991 REVISION DEC. IOd9~l PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S, McDonald Kenneth L. Edwards November 2, 1994 Donald Cocks Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY 11952 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yo~k 11971 Fax (516} 765-3136 Telephor~e (516) 765-1938 RE: Proposed Site Plan for Matt- A-Mar Marina Zoning District: Marine SCTM# 1000-114-3-1 Dear Mr. Cox: The Planning Board has received your plan of October 28, 1994, in reference to the placement of the fence on the above project. The Board has marked in red the location of the fence at the front of the property on the enclosed sketch. Please let the Board know if the location is satisfactory. If you have any questions, or require further information, please contact this office. Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge B0. Box 1235 - Maltituck, N.Y 11952 516 298-4739 ~c¢¢J -- I, ~.--z'f ~ EoocJ O Mau-A-Mar , PO. B~ 1235 ~ Mattituck, NY 11952 516 298-4739 September 13, 1994 Planning Board Office Town of Southold Town Hall, 53095 Main Road Southold, N.Y. 11971 Dear Board Members As per Mr. Kassner's suggestion, I am seeking written approval from the Planning Board on the fence. I will need this along with my amended Trustees Permit when I apply to the Building Department. If you need any additional information, please do not hesitate to contact Sincerely, Donald Cocks Manager, Matt-A-Mar PLANNING BOARD MEMBERS Richard G, Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S, McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 27, 1994 Donald Cocks Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY 11952 RE: Proposed Site Plan for Matt- A-Mar Marina Zoning District: Marine II SCTM9 1000-114-3-1 Dear Mr. Cox: The Planning Board has received your letter of September 13, 1994, in reference to the placement of the fence on the above project. The Board would like to see a sketch of the entire fence placed on the si~.plan before approval is granted. If you have any questions, or require further information, please contact this office. c el, , ~ .... assner Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge Matt-A-Mar ,. P.O. Box 1235 - Mattituck, N.Y 119 52 516 298-4739 September 13, 1994 Planning Board Office Town of Southold Town Hall, 53095 Main Road Southold, N.Y. 11971 Dear Board Members As per Mr. Kassner's suggestion, I am seeking written approval from the Planning Board on the fence. I will need this along with my amended Trustees Permit wbeo I apply to the Building Department, If you need any additional information, please do not hesitate to contact Sincerely, Donald Cocks Manager, Matt-A-Mar Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Ha11- 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Au~zst 26, 1994 Matt-A-Mar P.O. Box 1235 Mattituck~ NY 11952 RE: SCTM ~114-3-1 Dear Mr. Cocks: The following action was taken by the Southold Town Board of Trustees on August 25, 1994: RESOLVED that the Southold Town Board of Trustees grants an amendment to permit #4243 for section of fence that runs north and south to end at the MLW mark at the Southern Creek, also for a section approx. 500' west that would meet up with a section of fence that would run inland to create a secured storage area. If you have any questions, please do not hesitate to contact this office. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: Bldg. Dept. t// Planning Board AU$ 3 0 1994 SOUTHOLD TOWN PL,~NNING B0~PD Matt-A-Mar I~O. Box 1235 - Mattituck, N.Y 11952 516 298-4739 August 12, ~994 Planning Board Office Town of Southold Town Hall, 53095 Main Road Southold, N.Y. 11971 RE: Security Fence ATTN: Richard Ward and Board Members Dear Mr. Ward and Board Members Dr, Agarabi and I would like to thank the board for its time on Monday the 8th of August. As per Mr. McDonalds sugestion, the fence running along our Eastern border and ending in the creek, would suit our needs as well as our plan of running along the retaining wall. In any case, Matt-A-Mar would agree to maintain the strip that runs along our Southern border, and we would remove any dying trees and replant with new evergreens. Either plan would help us in our goal of securing the area, and fulfill previous agreements with the Trustees, and allow Matt-A-Mar and its customers to use the existing water and electric along the retaining wall. Please find a site plan along with this letter showing the route that the fence might take as per Mr. McDonald's suggestions well as our previous plan for the fence on top o{ the retaining wall. If we may be of any assistance, please don't hesitate to call. Manager Matt-A-Mar Marina E~O, BO~ 1235 - Mattituck, N,Y 11952 516 298-4739 August 8, 1994 Al J6 9 199,4 SO[JTHOLD TOWN PLANNI~JG BOARD Southold Town Planning Board Southold, MY 11971 Dear Chairperson and Members of Planning Board: I understand your concern about fencing, however , ! feel the circumstances in this case are unique. It is not easy for Matt-a-Mar to undertake this expensive construction in these hard economic times but I feel there is no other choice in order to prevent unnecessary trespassing, vandslism, and dumping of garbage. The Southwestern border of the marina is obscured by the storage building, large trees and is not easily visible from the office or ship's store. It is an easy access from the road for driving in to dump trash or garbage. It is also a quiet secluded place for juveniles to gather and for drinking parties. In spite of frequent cleaning, the area is mostly filled with cans, bottles and trash. The fence will not stop the professions! burgulors but creates a better way to control the casual intruders from vandilizing and trashing the area. While it is feasible to put the fence 10-15 feet from the roadside as you have soggested it is not possible on the south side where the bulkhead is for the following reasons: 1- Tree line is located 10-15 feet from the retaining wall. 2- Electric and water lines are in this same distance from the retaining wall 3- Placing a fence 10-15 feet from the retaining wall creates a dead space that would be ~nusable and difficult to maintain. 4- Lilco advisor, Peter Andolena {Pbone ~548-7034}, surveyed the area and advised that any fence put in the ground could pick up the leak- age from a broken high tension line. He also agreed that the mount- ing o~ the fence on the wooden retaining wall is the best choice of placement. 5- Finally the whole purpose of the fence is to make it a difficult access which would be defeated by placing the fence so far back and creating a step effect. green fence placed on the retaining wall will not stand out but rather blend with the tree line and create a more uniform look blocking out the view of heavy equipment and stored boats. Thank for attention in this matter. you your V~ truly yours, Matt-A-Mar BO. BOX 1235- Ma~tuck, N.Y 11952 516 298-4739 March 9, 19~4 Planning Board Office Town of Southold Town Hall, 53095 Main Road Southold, M,Y. 11971 ATTM: Richard Ward and Board Members RE: Proposed Site Plan For Fence Dear Mr. Ward Sometime back in April of 1993, I ask~ for permission to speak at a working secession concerning a proposal from Matt-A-Mar Marina, to install a chain link secnrity fence along 3 borders of our property. At the time, the board was aware of the application and had approved the plan with a suggestion that we place the fence on our Sonthern border to the inside of a row of black pines. At the working secession, I explaine~ the following problems that we would have with this location. 1. L]LCO inground electric feed 2. Electric and water lines are positione~ at the retaining wall for castomer and yard ase 3. The ne~ to maintain the berm and the Pines as per an agreement with Town Trastees. Ail the members and reviewers were present at the working secession when I explained the problems. The Boazd agree~ that the original proposal of rnnning along the top of the retaining wall would be approwe~. Late in the saemer of 1993, the Board of Trustees issue~ a approval on their application. When I finally got down to Town Hall ( January 1994 ) the Building Dept. advised me that they hsd never received anything from the Planning Board. I went to Mr. Kassner who checked the Planning Boards records and it shows that I met with the board but no one wrote anything down. Could you please review this and if needed I would be available to n~t with the board again. Thank You, Donald P. Cocks Marina Manager PLANNING BOARD MEMBERS Richard O. Ward, Chairman George Ritchle Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Telephone {516] 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 January 21, 1994 Donald Cocks Matt-A-Mar Marina P.O. Box 1235 Mattituck, NY 11952 RE: Proposed Site Plan for Matt- A-Mar Marina Zoning District: Marine II SCTM# 1000-114-3-1 Dear Mr. Cox: The Planning Board has reviewed the Site Plan dated February 3, 1993. The Board requests that the fence on the south side of the property be placed behind the row of black pines. If you have any questions, or require further information, please contact this office. ~9~ert j~ Kassner ~Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney : ': i/ OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTY L HARRIS Supervisor Town Hall. 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 12. 1991 Mr. Richard Lark, Esq. Main Road Cutchogue. NY 11935 Re: Proposed Site Plan for Matt-A-Mar Marina Wickham Avenue. Mattituck. NY SCTM ~ 1000-114-3-1 NOV I Dear Mr. Lark: SOUTHOLDTOWN PLANNIN(~ DOARD Pursuant to our meeting on October 28, 1991, I have obtained from the various offices in the Town, proposals reference your clients project and how it might best be handled from this point on. In an effort to deal with those issues, as presented. I will attempt to discuss each one of the enclosures separately. Planning Board request. Kindly review same with the view towards obtaining site plan approval and also specify the time designations if, in fact, it is your clients intent to complete the improvements instate. The memo from the Board of Trustees as submitted, is quite clear and will require your client's compliance with their requirements as well. I think Mr. Bredemeyer's correspondence is clear and should provide a handy reference guide for you for purposes of furthering your client's application. o Although succinct, the memo from Mr, Goehringer outlines the position that the ZBA will require a variance application, notwithstanding anything else contained in that document. lincidentally, as I advised you, we are filing a notice of appeal so as to protect the Town's rights should our discussion prove fruitless), Rtchard Lark, Esq. N~vember 12, 1991 Page 2 Finally, the memo from the Building Department is such that I have advised them that the contents of the letter to them of November 1, 1991, are in contravention to the meeting which took place a few days earlier and that at the present time the Building Department will not respond to that letter. HAA:mls cc: Planning Board Zoning Board of Appeals Board of Trustees Building Department C APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD Ole APPEALS TOWN OF SOU~OLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Harvey A. Arnoff, Town Attorney Jerry Goehringer, ZBA Chairman November 4, 1991 Matt-A-Mar Boat Storage Building Wickham Avenue, Mattituck This letter will re-confirm this Board's position that the procedures for a variance application cannot and will not be waived, and an application for not only the setback distance from the wooden bulkhead wall, but also for excessive height over 30 ft. will be necessary for the above "boat storage building." It is, therefore, our position to urge the filing of an appeal concerning Judge Geiler's recent court decision until compliance is made under the above application and any other agencies having jurisdiction thereunder (such as the Planning Board and Town Trustees). INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 SCO'I'I L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: FROM: SUBJECT: DATE: IIARVEYARNOFF, TOI~ATTORREY VIC LESSARD, PRINCIPAL BUILDING INSPECTOR NATT-A-ItAP. R I~ARINA NOVEI~ER 4, 1991 ATTACHED IS COPY OF LETTER RECEIVED FROM F. AI'f-A-IiARR RIRINA. PLEASE ADVISE TItIS DEPARTMENT AS TO I~IAT ACTION SHOULD BE TAKEN, IF ANY. Matt-A-Mar , PO. Box 1235 - Mattituck, N.Y 11952 516 298-4739 November i, 1991 Office of Building Inspector Town of Southold 53095 Main Road Southold, N.Y. 11971 Attn: Victor Lessard Dear Mr. Lessard; On October 23, 1991 a judgment was entered on our behalf by Judge W. Geller ordering reinstatement of building permit Number 017508. I am asking you for your prompt attention to this and the issuance of certificate of occupancy. Our bussiness has su~ered long enough without the use of our building and it is essential that we now be allowed to use it for the winter storage oi boats, t~r building is available for your inspection anytime so please let m~ Know 11 I can be of any assistance. Sincerely, Donald P. Cocks General Manager TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L, Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE: Harvey Arnoff, Town Attorney John M. Bredemeyer, III, Pres~ Board of Trustees Matt-A-Mar Marina November 4, 1991 Pursuant to the requirement of the Town Code Chapter 97 (Wetlands), Chapter 44 (Town SEQRA), N.Y.C.R.R.Part 617 (SEQRA), the notice of the Bay Constable of October 5, 1991 and the request by Matt-A-Mar Marina that all particulars surrounding the needs for governmental approvals be disclosed prior to their submission of applications, the Trustees office offers the following: The existing structure, subject of the Bay Constable issuing a violation on October 5, 1991, will require a permit or waiver under Chapter 97 (wetlands) pursuant to Chapter 97-20 A or B (Copy of page 9706 attached). It has been the policy of the Trustees to consider a waiver under 97-20B upon submission of: an application for a permit under Chapter 97, a written request for a waiver, information substantiating that all activities will take place landward of the wetland, as defined in 97-13 (copy of page 9705 attached), and information substantiating that all the criteria of Chapter 97-28 (copy of page 9710 attached) will be met. Preference is given to all sites where these conditions can be met landward of functional retaining wall or bulkhead and where any minor requirements requested by the Board can be included in pending Zoning Board of Appeals or Planning Board site plan approvals. Waivers are only granted for proposals within the 75' upland area adjacent to wetlands if the aforementioned conditions are met. Projects which do not qualify for a waiver are denied for cause at a public meeting, at which time the Board will process the application in the usual manner. The usual application sequencing for a wetlands permit under Chapter 97 follows a five phase process: 1. a. Application and Application fee received. b. Referral to C.A.C. for review. c. Town and State SEQRA. 2. a. Field inspection of Trustees. b. Field inspection of CAC. a. Environmental determinations/SEQRA concluded based on applications and inspections of CAC and Trustees. b. Public Hearing scheduled. 4. Public hearing held. 5. Permit considered. This process regularly takes less than 4 months for projects which are granted a Negative Declaration pursuant to SEQRA. Due to the stated purpose of SEQRA as a tool to provide answers and environmental mitigation in a fluid public process,.it is impossible to consider such a process for this site on a hypothetical basis. However, it is a fact that the Trustees have never considered taking lead agency for a building such as this when Planning Board site plan approval was involved. The environmental concerns of the Trustees for this site would likely include: boat wash down containment, roof runoff containment, site run-off containment, possible request for swale and berm at retaining wall/bulkhead, review of toxic handling and review of pumpout availability. Enclosed for your convenience is an application for a Town wetlands permit. This memo should not be considered exhaustive with respect to the requirements of Chapter 97, as the degree of public involvement under SEQRA can significantly alter the level of review before this (or any) Board. enc. (- § 97-20 SOUTHOLD CODE § 97-21 ARTICLE II Permits § 97-20. Permit required. [Amended 6-5-84 by L.L. No. 6-1984; 3-26-85 by L.L. No. 6-1985] A. Permit required. Notwithstanding any prior course of con- duct or permission granted, no person shall conduct opera- tions on any wetlands in the Town of Southold unless he shall first obtain a written permit therefor issued by authority of the Trustees as hereinafter provided and only while such permit remains in effect. ~/B. Notwithstanding the provisions of Subsection A of this sec- tion, the Trustees may, by resolution, waive the requirement of a permit with respect to lands immediately adjacent to wet- lands, as defined in Subsection A(3) or B(2) of the definition of "wetlands" in § 97-13, if the Trustees find and determine that no operations are proposed on such lands, or that the opera- tions proposed thereon comply with the standards set forth in § 97-28 of this chapter. § 97-21. Application. [Amended 6-5-84 by L.L. No. 6-1984] A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. The application shall be submitted to the Clerk in quadruplicate. Such application shall contain the following information: A. The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant is not the owner of the premises where such operations oxe proposed to be conducted, the consent of the owner, duly acknowledged, must be attached to said application. B. The purpose of the proposed operations. C. The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure. 9706 § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-19i6; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered ~vith, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediateIy adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2- -°5- ss § 97-27 SOUTHOLD CODE § 97.28 agents and employees." Acceptance of the permit is ac- ceptance of this condition. A statement that: "The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the town and its officers and employees to enter upon the premises where such operations are being conducted to make such in- spections as the town may deem necessary to ensure that such operations are being conducted in conformity with this permit." § 97-28. Standards. [Amended 6-5-84 by L.L. No. 6-1984] The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied for only if it determines that such operations wi]] not substantially: A. Adversely affect the wet]ands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisams, aquatic wildlife and vegetation or the natural habitat thereof. E. Increase the danger of flood and storm.tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety and general welfare of the people of the town. PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: FROM: Harvey Arnoff, Town Attorney Bennett Orlowski, Jr., Chairman ~/6~ RE: Proposed Site Plan for Matt-A-Mar Marina Wickham Avenue, Mattituck, N.Y. SCTM $ 1000-114-3-1 DATE: November 1, 1991 As a result of the October 28th meeting that you called, it was agreed that the Planning Board would submit a detailed list of the site plan elements that Matt-A-Mar should include in its application for site plan approval. The following information shall be shown on a revision of their original site plan application of 1987: New (1989) zoning designation; Location of all buildings and structures (including bulkheads and retaining walls, boat storage areas, parking and travel paths (pedestrian and vehicular); Location of flagged wetland line; Square footage of building floor area, and identification of use(s); Landscaping plan, with particular emphasis on screening of building from neighboring residences; Parking calculations for employees and customers to marina, pool, snack bar and restaurant uses; Drainage calculations and proposed locations of dry wells to retain stormwater for new building and parking areas; Location of the pump-out facility required by the Trustees' permit (dated July 21, 1988); Location of existing well and septic systems; (Health Department approval must be obtained before site plan can be approved.) One final note: for traffic safety reasons, the driveway's intersection with Wickham Avenue should be moved to the northern part of the property, north of Freeman Avenue, to where Wickham Avenue crests. The existing driveway lies below the crest. As a result, sight distance north of the driveway is limited. If the applicant wishes to complete the improvements in stages, the site plan should show the order and timing in which the improvements will be undertaken. The designation of a three to five year time period for the completion of all phased development would be reasonable. If you have any questions or concerns, please let me know. CC: John Bredemeyer, III, President, Trustees Board Victor Lessard, Principal Building Inspector Gerard P. Goehringer, Chairman, Zoning Board MEMORANDUM TO FILE RE: Matt-A-Mar Marina Wickham Avenue, Mattituck, SCTM # 1000-114-3-1 DATE: October 25, 1991 NoY. Application for site plan approval was made in January of 1987, and withdrawn in June of 1988. In the interim, the proposed storage building was erected without benefit of site plan review or approval. The site will remain in violation of the Town Code until a site plan application is made and approved. The following information will be needed for the site plan application: New zoning designation Location of all buildings and structures (including bulkheads and retaining walls, boat storage areas, parking and travel paths (pedestrian and vehicular) Location of flagged wetland line Square footage of building floor area, and identification of use(s) Landscaping plan Parking calculations for employees, marina slips, pool and restaurant uses Drainage calculations for new building and parking areas Location of pump-out facility as per Trustees permit of July 21, 1988 Location of well and septic systems (Health Department approval must be shown on site plan.) HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD dS SCOWl' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 21. 1991 Richard Lark. Esq. Main Road Cutchogue, NY 11935 Dear Mr. Lark: Re: Matt-A-Mar Marina This letter shall serve to confirm, that a meeting has been scheduled for Monday, October 28, 1991 at 8:00 A.M. at Southold Town Hall, with regard to the above-referenced matter. Should you have any questions, please feel free to contact me. HAA:mls cc: Scott L. Harris, Supervisor Board of Trustees Zoning Board of Appeals . Building Department Plannin9 Board SOUTHOLD TOWN PLANNING BOARD LAW OFFICES WICKHAM, WICKHAM & BRESSLER, pc. MAIN ROAD, P 0 BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 February 8, 1989 9 1989 MORTGAGE OFFICE 516 298-5300 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Attention: Mr. Bennett Orlowski, Chairman Re: Application to ZBA for Reversal of Building Permit No. 017508 Z grant to Matt-A-Mar Marina Dear Mr. Orlowski: Enclosed herewith is a copy of an application seeking reversal of the above referenced building permit for a 200 by 125 foot structure at Mat-A-Mar Marina in Mattituck. As you can see. one of the grounds is that site plan approval was not obtained. Mr. Lessard indicated to me site plan approval was not necessary in that the proposed structure was an accessory building. We request that you search your records and confirm that site plan approval was not obtained. We also request that the Planning Board indicate to the Zoning Board its advisory opinion as to the requirement necessity for site plan approval in these circumstances. Enclosed herewith is correspondence from the Southold Town Board of Appeals dated February 6, 1989 indicating the ZBA's interest in your Board's opinion on this matter. OS Ours~ s DCR:vm Encl. cc: $outhold Town Zoning Board of Appeals TOWN i SOUTHOLD, NEW YORK ,APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO DATE ]./30/89 TO THE 7..ONIN.G BOARD OF APPEALS, TOWN OF7UUb VleST. le uS~JIHOL09NwY~r, J-reaKenganescl Name of Appellant Street and Number Municipality ..... [1.,.¥. ................ ,HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON BUILDING ~,~JJ~J~e~J(IK)J~X DATED: 10/6/88 ¥OR: BUILDINC- PERMIT NO, 017508 Z WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) .MAT. T.~A~MAR..~ NC .................................................... Name of Applicant for permit of ...P.,.O.,..8~x..12~ ~ ~..~Li.c~b~. A~e...,..Ma ~i.t uc k ~.~,.Y ...... ~J.9.~ ............................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PEPJVIIT TO BUILD Re: Building Permit ! LOCATION OF THE PROPERTYWickh~m.,~.Y.(b.:,..~.~.~.t.j..t.g..c..k. ........................................................ Street and Hamlet Zone Dis: lO00,Sec. 114, B1.3 Lot 1 OWNER(S): .W.i.c.k.h.a.m..Rp.a.d..M.a.rj.n.a,.!n.c.:.. Mop No Lot No. DATE PURCHASED: ..................... 2 PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ArticleV! , Section 100-60, 100-61, ×TT! 100-141 3. TYPE OF APPEAL Appeal is mode herewith for ( )A VARIANCE to the Zoning Ordinance or Zoning Map ( )A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (X) Reversal of determination to'grant Building Permit No. Oi750EZ 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to th~s property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( X)(See Schedule A) is requested for the reason that ~e ~oala like to Form ZB! (Continue on other side) .~,EASON OR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because N/A 2 The hordship creoted is UNIQUE and is not shared by all properties alike in the immediate vicimty of this property and in this use district because N/A 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because NIA STATE OF NEw YORK ) ) ss COUNTY OF ...-~/~r:Ct.~ ) / ,g ture Sworn .tO-'thl~,( ................ -.~.., day '~f -' .......................................... ......................... )9c q ~ ~&Ul~',~ ................. BARBARA REITER §y her attorneys -- , WICKHAM, WICKHAM & BRESSLER, P.C. ~ ~ ~_ as Barbara Reiter is not in O~ll~l~ll~]~m~--~----__2 Suffolk at the time this anolication (~)~mm~tmmt~ ~ ~. :Bi, 1~__ wa s executed. Schedule A REASON FOR APPEAL 1. Reversal of determination of Building Inspector to grant Building Permit No. 017508Z is requested for the reason that Section 100-60 provides that no building on premises shall be used or part of a building erected except for permitted uses, subject to site plan approval by the Planning Board. Section 100-141 (c) provides no building permit shall be issued for any building where site plan of such building is subject to approval by Planning Board except in conformity with the plans approved by said Board. Upon information and belief no site plan was applied for or obtained prior to granting Building Permit No. 017508Z. The Board is respectfully referred to: (1) Memorandum by James A. Schondebare, Town Attorney, to Board of Appeals dated 7/15/88 regarding Zoning Code and Accessory Buildings; (2) Southold Town Board of Appeals, August 18, 1988, InterDretation Request; (3) Correspondence of Building Inspector Edward Hinderman to Matt-A-Mar Marina dated August 25, 1980. Copies of the above referenced documents are annexed hereto. It is not the applicants' position that the proposed use of the subject building is an accessory use, but even if it is considered an accessory use, site plan approval should have been obtained based on the above cited sections and determinations. 2. Section 100-61 provides no building shall be used or erected unless same conforms with the Bulk and Parking Schedule which provides that building height in a B Light District is 30 feet. The application sworn to July 20, 1988 which resulted in Permit No.017508Z states the height of the proposed building as 36 feet and the zone or use district as Bi. Upon information and belief the subject premises are in a B Light District. 3. Request is made for the Board to determine whether the application for building permit should have been denied and Building Permit No. 0175082 on the basis that the proposed structure is to be within 75 feet of wetlands and therefor requires approval from the Southold Town Trustees. reng-rei-77 Southold Town Board of Appeals August 18, 1988 Regular Meeting INTERPRETATION REQUEST: The Board reviewed and discussed the recent request of Town Attorney James A. Schondebare concerning the need for site plan approval for accessory buildingsin zoning districts except A. It is the position of the Town Attorney's Office that any building to be constructed, in all districts except A-R require site plan approval regardless if the proposed building is called principal or accessory and regardless of the use for the proposed building. The Building Department has taken the position, he believes, that an accessory building needs site plan approval if the use of the proposed building is the same as contained in the principal building; however, if the use of the proposed building is to be accessory to primary use, then a site plan is not required. A final determination from the ZBA is requested at this time. This Board's position is that accessory uses (either in a principal building or in an accessory building) do not permit any "service" or "sales" activities, even though the establishment which exists may require such similar activities. Such "active" uses must be considered as part of a principal use (i.e. expansion, secondary use, etc.), regardless of whether they are an addition to the principal building or a separate, unattached accessory building. It ~s obvious that a circumvention of the zoning regulations could easily take place if one were permitted to construct accessory buildings in lieu of an addition to the main building. It is imperative to request the type of activities or storage to take place within the proposed construction. A tool shed for dead storage or a fence are types of accessory structures. A building in which minor tire repairs or other services will be conducted is not an accessory use (but rather one of the activities conducted under a principal use). The Zoning Code relating to Accessory Uses in these several Zone Districts do not have provisions for the location of such Accessory uses, except tha~ under 100-63, all uses in the B Districts must be in enclosed buildings (no outside storage). Section 100-63 could categorize more than one principal building with either a principal, or principal and accessory uses, with site-plan approval from the Planning Board. (There is presently no provision permitted an accessory building to be occupied by a principal use.) With reference to the requirement of site-plan review by the Planning Board, it is our position that site-plan approval must be required for all Zone Districts, with the exception of the "A" Zone, particularly for the following reasons: $outhold Town Board of Appeals -24- (interpretation, continued:) August 18, 1988 Regular Meeting 1. The construction of additional separate buildings eliminate the presently used parking or screening areas; may 2. The use of the buildings must be furnished and listed on the site-plan maps, and a determination as to the need to create improved off-street parking spaces, on-site loading areas, add drainage facilities, improve access and maneuverability, pursuant to the requirements of Article XI, General Regulations, of the Zoning Code (which is distinctive and separate from Article XIII of the Zoning Code). It does appear that as an alternative to a full site-plan process, a waiver could be applied for and granted by the Town Planning Board if it finds that the project proposed will not adversely affect the site, surrounding neighborhood, general aesthetics, traffic patterns, and accordingly prescribe appropriate conditions and safeguards. Furthermore, it is the opinion of this Board that in light of the fact that yard setbacks have not been stipulated differently than those setbacks applicable to principal buildings and principal uses, the same setbacks should apply to ancillary buildings as to front, side and rear yard setbacks. It should be noted that an ancillary building fo~ dead Storage would be permitted to be located in the rearyard under this proviso. Motion was made by Chairman Goehringer, seconded by Member Grigonis, to send the above response in writing to the Town Attorney's Office. This resolution was unanimously adopted. JAMES A, SCHONDEBARE ROBERT H. BERNTSSON OFFICE OF THE TOWN A~ORNEY TOWN OF SO.HOLD TO: FROM: DATE: REF: Board of Appeals James A. Schondebare, Town Attorney July 15, 1988 Zoning Code and Accessory Buildings Town Hall, 55095 }dam Road P.O. Box I I-a Southold, New York 11971 TELEPHONE Pursuant to Article XII, $100-121.D(1), an interpretation is requested on the need for site plan approval for accessory buildings in all zoning districts except A, Residential or Agricultural Districts. It is the position of this office that any building to be constructed, in all districts except A-R, require site plan approval regardless if the proposed building is called principal or accessory and regardless of the use for the proposed building The Building Department has taken the position, I believe, that an accessory building needs site plan approval if the use of the proposed building is the same as contained in the principal building; however, if the use of the proposed building is to be accessory to primary use, then a site plan is not required. A copy of this memo is being provided to the Building Department in the event that I may have misstated their position. May we please have a final determination of this issue. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN II,ALL SOUTHOLD, N. Y. 11971 T~L. 765-1802 A~gust 25, 1980 Matt-A-Mar Marina P. 0. Box 1235 Mattituck, New York 11952 Att: A. P. Van Na~ae Dear Mr. Van Name: Mr. Fisher is on vacation. He asked me to look into your inquiry regarding the construction of a maintenance and repair workshop on the Marina premises. Your marina is located in a "B" Light Business district. This zoning does not permit the servicing and repair cf boats. 0ur records indicate the following variances granted to Matt-A-Mar Marina: January 27, 1977, Appeal No. 2242, Variance granted for storage of 100 boats, set hack 100' from Wickhmn Ave. June 1, 1978, Appeal No. 2419, Variance granted to allow sales of new and used boats up to 15. Used boats to be in water. June ~, 1978, Appeal No 2h20, Locate boat storage building in front yard area. Application withdrawn without prejudice. The use that you now propose must be located in a "C" Light Industrial District. ~herefore, we cannot issue a permit for this structure. FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BBDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 July 31, 1989 Mr. Donald Cocks PO Box 1253 Mattituck, N.Y. 11952 Re: Ali Agarabi/Matt A Mar Marina Dear Mr. Cocks: Please be advised that the application of Ali Agarabi for a dock at 265 Westview Drive, Mattituck, was Tabled at our July 27 meeting. Residents of the area have expressed concern about the incidence of boats being moved, on several occasions, from the marina to residential docks. We were also presented with photographs showing this activity. I am sure that you are aware of restrictions preventing the expansion of commercial activity into residential areas. The Trustees would like to be assured that this type of activity will cease before approving any additional docks in this area. FAK: jas cc: Trustees Town Board Town Attorney Mr. Mc Ginty Ed Boberg ZBA Planning Board Sincerely, Frank A. Kujawski, Jr. President Boar of Trustees FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN' OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 July 27, 1988 Mr. Donald Cocks Matt-A-Mar Marina P. O. Box 1235 Mattituck, New York 11952 Dear Mr. Cox: The following action was taken by the Board of Town Trustees during their regular meeting held on July 21, 1988 regarding the Matt-A-Mar Marina. RESOLVED that the Southold Town Trustees will permit the 4 finger docks to remain in place subject to an approved pump out facility by next year and subject to Covenants and Restrictions of no further expansion of the marina past the lift well on the South side. These Covenants and Restrictions are to be reviewed by the Town Attorney. The permit will be issued when the Covenants are approved. Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees FAK:ip cc: Bldg. Dept. Board of Appeals Planning Board/ D.E.C., Stony Brook C.A.C. file Southold Town Board of Appeals MAIN ROAD- STATE ROAD :gS SOUTHOLD, L.I,, N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DIN[ZIO, JR. February 27, 1989 Matt-A-Mar Marina P.O. Box 1235 Wickham Avenue Mattituck, NY 11952 Re: Application for Reversal of Building Permit Applicants: Fred Renganesci and Barbara Reiter Subject Property: Matt-A-Mar 1000-114-1.3-1 Dear Sirs: Transmitted recently to you for your update and information was a copy of the February 17, 1989 letter from the Planning Office as to its position under the site-plan regulations, together with copies of the application and related correspondence concerning your premises at Wickham Avenue, Mattituck. As confirmed recently, the question as to the requirement for site-plan review and approval is one of the issues to be considered at the public hearing on Thursday, March 9, 1989. It is our understanding that at the time of receiving the Building Permit, no site-plan approval was applied for or obtained from the Planning Board. In the event you decide to start the site-plan review process with the Planning Board, please let us know. lk Enclosures cc: Town Attorney's office Yours v e r ~~.~ GERARD P. GOEHRINGER CHAIRMAN ~-'~outhold Town Planning Board Mr. Victor Lessard, Principal Building Inspector Daniel C. Ross, Esq. ACTION OF TIlE ZONLNG BOAI~D OF APPEALS Appeal No. 2419 Dated May 8, 1978 ACTION OF TI{E ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOI,D To Matt-A-Mar Marina, Inc. c/o Gary F. Olsen, Esq. Mattituck, New York 11952 at a meeting of the Zoning Board of Appeals on June 1, 1978 ) Request for a special exception under the Zoning Ordinance )Q Request for a variance to the Zoning Ordinance ) DATE Juqe....%.~ 1978 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a sDecial exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... Of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be eonfh'med because 8:55 P.M. (D.S.T.) upon application of Matt-A-Mar Marina, Inc., c/o Gary F. Olsen, Esq., Main Road, Mattituck, New York, for a variance in accordance' with the Zoning Ordinance, Article VII, Section 100-70 and Bulk and Parking Schedule for permission to sell retail boats. Location of property: Wickham Avenue, Mattituck, New York, bounded on the north by Baker; east by Wickham Avenue; south by Mat%truck Creek; and west by Mattituck Creek. 2. VARIANCE. By resolution of the Board it was determined that Ia) Strict application of the Ordinance (xvould) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship 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 SEE REVERSE (c) The variance (does) (does not) observe the spirit o! the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and -SEE REVERSE FORM ZB{ APPROVED C[~ta [.~~ x (..-r-~ ,70NING BOARD OF APPEALS After investigation and inspection, the Board finds that th~.~ applicant requests permission for the retail sale of boats on h'i~ premises. The Board finds that that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and the adjoining use districts v~J_ll not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was Road, Mattituck, New York, be GRANTED permission to ~ell used or n~w boats upon the condition that there not be stored f{.~- rcsale new boats in excess of 50 feet, and no more ~han 15 new boats time. The used boats will be in the water. Vote of the Board: Ayes: Messrs: Gillisp{e, Bergen, Grigonis and Doyen. TOVFN OF SOUTIiOLD, NEW YORK ACTION OF TIlE ZONING BOb_RD OF AI'I'EALS Appeal No. 2242 Dated January 11, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF TIIE TOWN OF SOUTHOI,D To Matt-A-Mar,. Inc. Appellant Wickhmm Avenue ..... Mattituck_L~Y 11952 at a meeting of the Zoning Board of Appeals on January was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 27 , 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be de.ed pursuant~A~rtiele .................... Section .................... Subsection ................... paragraph .................... of the Zoning Ordnance and the decision of the Building I~pector ( ) be reversed ( ) be co~irmed b~ause 10:25 P.M. (E.S.T.) upon application of Matt-A-Mar, Inc., Wickham Avenue, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article VI, Section 100-60 A (9) for permission to store boats on the premises. Location of property: west side Wickham Avenue, Mattituck, New York, bounded on the north, south, and west by Mattituck Creek; east by Baker and Wickham Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties SEE REVERSE (b) The hardship 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 SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE be denied and ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection the Board finds that the applicant requests permission to store boats on the Fremises~ west side Wickham Avenue, Mattituck, New York. %'he findings of the Board are that the Board is in agreement with the £eas©ning of the applicant. would produce practical difficulties or unnecessary hards~B~ the h~rdship created is unique and would n~,~ L.:~ s!~ar~ by properties alike in the immediate vicinity of this j :~r~L .. in the same use district; and the variance %';~]! not character of the neighborhood, and will observe the the Ordinance. THEREFORE IT WAS RESOLVED, Matt-A-Mar, Inc., WJckham Avenue, Mattituck, New York be GRANTED permission to store boats on tt~e premises, west side Wickham Avenue, Mattituck, New York, as applied for, subject to the following condition: There shall'be no storage'or marina uses within 100' of Wickham Avenue to the east. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Griqonis. HENRY P. SMITH JOHN M. BREDEMEYER. III, President John Bednoski, Jr. ALBERT KRUPSKI, JR., Vice-President BOARD OF T(}WN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 January 26, 1988 TELEPHONE (516) 765-1892 Mr. Donald Cocks, Manager Matt-A-Mar Marina P. O. Box 1235 Wickham Avenue Mattituck, New York 11952 Dear Mr. Cocks: The following action was taken by the Board of Town Trustees during their regular meeting held on January 21, 1988 regarding your application for a wetland permit. Moved by TrusteeBredemeyer seconded by Trustee Bednoski WHEREAS, Donald Cocks on behalf of Matt-A-Mar Marina applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated December 11, 1987 and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on January 21, 1988 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Donald Cocks on behalf of Matt-A-Mar Marina BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Extend existing docks 37 east & west and 105' x 8' nor th and south in an effort to avoid shoal that is hazardous to approaching deep draft boats. Property is located on Wickham Ave., Mattituck. Approval is granted with the provision that Matt-A-Mar BO. Box 1235 - Mattituck, N.¥ 11952 516 298-4739 October 22, 1987 Southold Town Planning Board 53095 Main Road Southold, New York 11971 To whom it may concern: Recently we submitted drawings to you for your inspection. It was noted that we have sufficient parking for approximately six hundred cars. This is not a requirement or need for the marina; it was only marked down on the plans to shew that we have five acres of pressed gravel that could be used if needed. Our pool club for 1987 had a membership of ninety-three people (approximately twenty-five families). We had one half acre near the pool that was more than sufficient for the pool club and snack bar. This summer we had sixty-one seasonal boats at Matt-A-Mar, the balance of the slips were used for transient guests who very rarely have use for the parking area. The parking area on the southwest tip of the marina (approximately two and one half acres) handled the parking with no problem in the past. If there was a need for additional parking; the re- maining two and one half acres along the southern bulkhead is available. The snack bar is used by seasonal and transient boaters, pool club members, and has been open to the general public. Past history shows that the half acre used for the pool members is sufficient parking for the snack bar also. If I can provide any additional information, please feel free to contact me. Thank you, Donald P. Cocks, manager DPC:lm VICTOR LESSARD EXECUTIVE ADMINISTRATOR (516) 765-1802 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD TO: VALARIE SCOPAZ~ TOWN PLANNER FROM: VICTOR LESSARD, EXECUTIVE ADMINISTRATOR SUBJECT: MATT-A-MAR MARINA DATE: OCTOBER 15, 1987 Proposed building would indicate that property use would be considered changing from Light Business (B) to Commercial use, depending on building use. This property has various decisions by the Zoning Board of Appeals. On January ]~, 1977 permission was granted to store boats but establishing a buffer zone of ]00 feet on west side of Wicham Avenue. At present, this restriction has not been adhered to. The Marina aspect of the property is strictly for non-commercial boat storage. Provided all necessary requirements were obtained by Z.B.A., I would comment on the following. PLAN A - Probably the best use as outlined provided the big doors faced south only. PLAN B - Too close to road (Wickham) and activity would conjest and interfere with driveway access. Doors, as is, rendered useless by screen area and snackbar. PLAN C - Too close to Wickham and too close to south property line to operate. PLAN D - Too close to road (Wickham). Okay if south and southwest doors only. Matt-A-Mar~,.~ BO. Bo~ 1235 - Mattituck, N.¥ 11952 516 298-4739 I¥ 0 0 , ~AVENUE MEMORANDUM TO: .FILE FROM: Valerie Scopaz, Town Planner January 20, 1987 Town of Southold Main Road Southold, New York 11971 To whom it may concern: Due to the height of the travel lift and the necessity to drive inside the building with the machine; we will need a door opening approximately twenty-three (23) feet high and twenty-nine (29) feet wide, with the outside peak of the roof not to exceed thirty-four (3~) feet. Very truly yours, Donald ?. Cocks, manager DC:lm P. O. Draawer A Jamesport, NY 11~47~ January 14, 1987 Southold Town Planning Main Road Southold, NY 11971 Board Dear Sirs: Please find enclosed Part I of the Long Environmental Assessment Form and the $100 filing fee for the site plan of Dr. Ali Agarabi/ Matt-A-Mar Marina, Inc. for the construction of a storage building at Mattituck, New York. If any further paperwork is required to complete this file, please don't hesitate to contact me. Sincerely, HER:ml Encs. TC;,X; CF -C .... E :.-j i F.O L~..~:: TAL ASSESS:~Ei:T PAF. T I .... ~H§t'ruc'fi'8'H o'f-~b?age building at Mattituck - site plan Henrv E. Ravnor, Jr. - AGent -P-. '0. 'Dr-aw~ A- ~ JamesDor t, NY 11947 storaqe building at Wiokb~m Matt-A-Mar Marina, Inc. ~..~ c~o Dr. Ali Agarabi 306 Prospect Avenue Sea Cliff, NY 11570 construction of topsoil/sand 11. 12. 14. A!~oroxi..-ate ~ere.'nta~.e of pro~osed project site with g~ater Is~roa.c. ~ ;- ' c:~:igu:us t~. or contain a building or site )isted on the ?(etlon4) Register of Hist:ri: Places? ~es X. NO What is the da~L9 t~ the water table~ 6-12feet ~ h~ntin~ cr fishing ~p~o~unities presently e~ist in the project ares? . .. Yes ~ ~o ~es arojec: site contain any species o? olant Are there any unique or unusual lar. d for~.-a on t~e ~r~jeet site? (i.e. cliffs, dunes, other Is ~e P~ject sit~ ~r~sently used by the c:~u~it7 or neigh~cr~cod as an open spac~ a~a - Yes ~ ~o. Cuesthe ~resent site ~ffer or t~clude scenic views or vjs~s Lno~n ~ be t~po~nt to Yes , y - a. N~e of stre~ and na~e of river to which it is tributary Mattituck Creek Lakes, Ponds, WetlanU areas within or contiguous t~ project ama: ............ · ...... .-. a. Nar~ i b. Size {in seres) 6~at is the d:mi~ent lan~ use and ::n!ng clssslficat!cn within a 1/~ mile radius of Lhe project (e.~- single fa=~ly residential, R-g) an~ the scale of ceveio~=en: (e.g, g st:fy). AR80 -& BUS B 1. Physical di=ensions and scale cf project (fill in di=ensions ss ap;ropr/ate) a. Total c:ntiguous acreage owned by project $;cnsor 8~75 seres. b. Project acreage developed: 1/3 acres initially; 1/3 acres ultimately. Project acreage ~ r~aia u~developed . Length ~f project, in ~iles: (if e;=ro~iata) If pro'eot t~ an ~ansicn of" ' *~ _x~s,.ng, indicate percent of expansion proposed: f. tl%..-~-er of off-st~t parking spaces existing. ~. ~sxi~Jm vehicular tri;s generateU per hour ... h. If residential: N~v:er and type of housin~ units: Initial Ultimate if: (upon c:~pletion of project) One'F:~ily T~o Family Mul tiple F~mily Neighbornooo-City-Regional Industrial Total height ~¢ t~llest pr~osed structure £~timated E~..pl o)~nen t Ccndc~iniu~ , ?ret.. per o_'rdinance .,: :~ . . -...,:~..,;.'.. 12. Mo~ much natural material (i.e. rock, eert~, etc.) will be remo'z~d from the site - 0 ~bic How many acres of vegetation {trees, sh~J=s, gmun~ covers) will be removed from site - O t.-res. Will any. mature ?crest (over l~0 yeare old) or other locally-Important ve~..~.~on~' ~' be re~oved If single phase P~jeot: Anticipated ~eriod of censtructlcn 12 months, {including de.?~liti~n). ~f ~ulti-phased project: ~. Total n~,,oer of ~hases anticipated ' No. Amticiuated dste cf co,r--.,,encemeot phase 1 ,,month ~ear {i=clu~= demolition) Approximate c:=~l~ticn date final phase r~nth year. Is phase l'fin~:ially de~endent cn subsequent phases? ~ Yes 14ill bla:tln~ ac:ur during ccnst=uctlon? Yes x No N~=~er of jobs ~enerated: during constrJetlon 15 ; a~ter project is c:m~lete 3 Nu=Jer of jobs eli=Snared by this~-r-(=~*~... O ' ' Yes x Ho., If yes, 'Is surface or subsurface liquid waste dis;csal involved? Yes ' ~ ,,Ro. If yes, indicate type of waste (s~wa~e, inCu~trial, et:.) If surface dis:osal n~e o~ strta~ ints whlc~ effluent ~ilI be disc~a~ed :!ll project requir~ rel¢caticn of a~y project: or facili:ies? b. 14. Is project or an~ ~CrtiOn Of project located in the lC0 year flood plain? Yes ,~ No 15. a. Ooes pr'~ject invui'/e di$~=sa] of solid wests) Yes x b. If yes, will an mxist~n~ solid wast~ dis:asal facility be used? Yes No . '-' c. If yes, ~ive name: ; lccatlon d. ~ill any wastes not ~='in:o a sewage dis:~saI syst~ or int= a sanitary landfill? ~ 16~ Will project use herbicides er pes=ici~s) . Yes x )7. W(ll project ~utlnely p~duca odors {~ tn~n one hour per day)! Yes ~ ~o 18. Will p~ject produce operating noise exceeding the local ~bience noise levels) Yes x ]9. Will x Yes No. If yes, indicate type{s)~ project resu]~ in an incroase in enercy use? elect~£cal 20. If water supply IS frcm ~ells indicate pum=)ng ce~acity Total anticipated water usage ~er day __~aTs/day. Zcming: a. What Is Ocm~nant'Ztn~ng classificJticn of site) gals/minute. d. IF no, indicate desfre~ zoning R--1 B~i a. Is any Federal perni: reqJired? Yes x ~o b. Does pPoject (nvolve State or Fe~ers) fundin~ or financing? c. Lo~al and Regional a~:r:vals: A~vsl Recu(red (Yes, ?to) (Type) City, Town. Village Board Y=n°s City. Town, Village Planning ~oard City. ?¢wn. Zcning Eoard no City. County Health Oe~art~enC Other local a~encles FeDeral Agencies Yes X (Date} {:a:e any additions) tnf=r.'r..~cion as ~'y be needed to clarify your ~roject. If there a~ DP m)v ~e aA', "._ __' ..... A~ Agar~i , ~5;KE2E:(Ti:{S: _. Matt-A-Mar Marina, Inc. .' January 14, 1987 SITE PLAN ELEMENTS §100-134 Town Code Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map Date, North arrow and written and graphic scale Sufficient description or information to precisely define the boundaries of the property. All distances shall be in feet and tenths of a foot. Ail angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing width of adjacent streets and curblines The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use withinor adjoining property. A complete outline of existing deed restrictions or covenants applying to theproperty Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater overflo~ Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, sidewalks, and wehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as other underground and above ground utilities within and adjacent to the property. Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design ofall uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of, and plans for, any outdoor signs The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER... Site plan elements cont. (§100-134) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. P D S1 Southold, N.Y. 11971 (516) 765-1938 January 13, 1987 Mr. Henry E. Raynor, 320 Love Lane Mattituck, NY 11952 Jr. Re: Mat-a-Mar Marina proposed site plan Dear Mr. ~aynor: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, January 12, 1987. RESOLVED that the Southold Town Planning Board refer the site plan for Mat-A-Mar Marina for construction of a storage building to the Building Department for certification. Survey dated December 1986. Would you please refer three (3) surveys for.our referral to the Building Department. It was also requested that you indicate on the surveys the set back from the water and the height of the building. The Board requests that the property be staked for an inspection. Would you please advise our office when this has been done. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department