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HomeMy WebLinkAbout1000-110.-1-12 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAl. STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Planning Boardk/~ Building Department Code Enforcement Assessors From: Town Clerk Elizabeth A. Neville Re: 10/15/03 Foil Request of Darrel J. Date: 10/15/03 Transmitted please find foil request of Darrel J. Kost, P.E. received on this date. Please respond to my office, in wyiting, within-five {5) business days as required by law. Thank you. (? ~001 Tows H~t, 53096 ]Mi~i3a P.O. Bc~ 1.179 Southold, New York 11971 F~ (631) 76~-6145 Tel~o~e (631) sou~hold toWn,~or thfork,~et OJ~'FICE OF ~IXIE TOt~I~T CLERK · TOWN OF SOUTI-IOLD APPLICATION FOR PUBUC ACCESs TO RECORDS I.~NSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency-Freedom of Information Officer). One copy will be returned to you in response to your r¢c{uest, or as an interim response. SECTION I. (Department or Ol~ficer, If known, that has 'the information you are re '~' q estlng, j RECORD YOU WISH TO INSPECT: (Describe the record sought, If possible, suppl~ date, ~le title, tax map number, and any other pertinent mformaton,) Mailing Address {if different from above): ~ -- ] APPROVED APPROVED WI]H DELAy* Freedom of Inform~¢ion [ ] DENIED* RECEIVED OCT ~l~je 2003 * If delayed or denic, d see reverse side?or ..,uxplanation. Soolho[cl Town CIer~ ...... :: ' '/'7 ' ': "' MEMORANDUM TO: FROM: DATE: SUBJECT: ELIZABETH A. NEVILLE, TOWN CLERK VALERiE SCOPAZ, TOWN PLANNER October 15, 2003 FOIL REQUEST OF Darrel Kost Pursuant to Mr. Kost's request, I have pulled the file on Cutchogue Harbor Marina and have left a message for Mr. Kost that he can review of our file, and we would be happy to make copies of any information he wanted. VS:br i' COT 2 i/9 2 PEPHi T 4896 4/ ~'/82 PENNI T 11054 1~0 ,' 127 81 PERMIT 12111 1/07/87 PERH!T 17625 __1885~ 3~/0 ? _/9~0 PERHIT __ __ 0/00/00 19637 0/00/00 0/00/00 ACCY GARAC;bi Fq2~4.~215-z ,:;C X-2'7 NEW BI,KG. BP #5629z CO 7; ~:q6 DECK ADD - BP # lo20 CO ; 11}5 ADD TO STONAGE BP #22671 ~ CO ADD TO DWELl,. BP #15613-Z :7,{} Z RENOV.REST RH BP #18853-Z CO Fl=Here- I"7=Permit Detail FS=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit PLANNING BOARD MEMBERS BENNETT ORL©W$ICL JR. Chairman RIC}LARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDER P.O. Box 1179 Town Hail, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fmc: (631) 765-3136 August 1,2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Margo Ludlam Harvey Amoff 206 Roanoke Avenue Riverhead, NY Re: Cutchogue Harbor Mmina, Inc. 3350 West Creek Avenue Cutchoguc, NY 11935 SCTM# 1000-1 I0-1-12 Dear Ms Ludlam, Zone MI This letter is to follow up on our meeting July 29, 2003 at the Town Hall in Southold. Our inte~pretation of the agreement mnong all parties at tile meeting described above is that a site plan will bc created by the applicant and submitted to the Planning Board to be rcvicwed at a Work Session. We will need to receive tile updated site plan before we can place tile project oll a work session agenda. Please refer to the application package for site plan requirements. If there arc any questions you can contact us al (631) 765-1802 between thc hours of 8:00 a.m. aud 4:00 p.m. Senior Site Plan Reviewer CC file,3 ow'il Attorney, Ed Forrester ) PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILl.lAM J, Ci~EMERS KENNETH L. EDWARDS RICHARD CAGGIANO MARTIN SIDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Re: Edward Forrester, Director of Code Enforcement Scott Hughes, Sr. Environmental Planner~.. Cutchogue Harbor Marina West Creek Avenue, Cutchogue SCTM: 1000-110~1-12 Date: July 10th, 2002 Responding to detailed public complaints, it has been revealed that Cutchogue Harbor Marina is operating without an approved site plan. A review of the file has shown the application process had been started but not completed despite several past reques,ts to do so. As such, the perabon ofithe business without an approved site pia~ I~ a violation of Town CoSe. The Planning Board requests that Cutchogue Harbor Marina be informed that it must reapply for a site plan. j MEMBERS .Jr., Chairman /ID.' Ward L. Edwards one (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Town Hall. 53095 Main F P.O. Box 1179 Southold. New York I Ic` Fax (516) 765-1823 NEMOP, a~IDUN TO: FROM: RE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman Cutchcgue Harbor Marina (AKA Boatman's Harkerl West Creek Avenue, Cutchogue SC~4 ~ 1000-110-1-12 DATE: OCtober 23, 1992 ,. On Tuesday, October 6, 1992, this site was inspecced by yourself and Valerie Scopaz. The Planning Board would appreciate your review of the following field inspection notes: o A review of the Buzlding Department's file is needed to confirm if building permits and Health approvals were issued for the two-car garage with a two story additio~ that appears to contain living ?darters upstairs at the southernmost portion o~ the site. There is a new deck that connects the new garage and hddition with a pre-existing building which contains the office, and packaged snack foods for sale. The steps to the office lack handrails, as do the steps to the new deck. The deck contains several propane barbeque grills. There are new floating docks adjacent to the bulkhead that have been added since thc Building Inspector's last visit. Dockside water and electric service has been installed the length of the bulkheading. We do not know if Health Department approval has been obtained for thc water supply. Tho northernmost building garage facing tho street. with the plan for wh[ch a ~o cnsure conformity. has been added to, with a This work must be compared building pczmit was issued Extensive landscaping, including street trees, has been added along West Creek Avenue. The lights appear to have been shielded. However a field inspection at night is needed to determine if the shielding accomplished the stated objectives. There isa large drainage pipe that appears to discharge directly into the marina. We were unable to determine what area the pipe drains. No catch basins could be found in the portion of West Creek Avenue that adjoins this spot. Further investigation needed, is 8. The existing boat ramp was widened and resurfaced~ Use of this ramp necessitates the Use of ~ ~ Avenue for backing trailers down the r~D. The applicant is asking this Board to accept the {,~' .... as-built site plan. Your review of same, and your '~'~ '- recom~mendations are bein~ Sought as to heth~r the s~ue zs ~- Conformance with Code. -~ Encl. JUL I 2 SOUl '" pLANNING BO~llDlgue t Fleet's Neck Property Owners Association July 11, 1994 Harbor Marina (formerly Boatman's Harbor Marina) Background The residents and the Fleet's Neck Property Owners Association respect the right of the owners to improve their property. Certainly, we cannot argue the replacement of dangerous bulkheading and walkways, or the replacement of a sanitary system, etc., but, we cannot condone violations of codes and laws that were instituted to protect the rights of the residents of Sou;hold and the protection of our coastal waters. Under various ownerships, marine operations on the marina have existed for decades. Fishing stations, marina designs and operations had been kept within the character of our community and environment. The exception to this was in 1958-61 when the owner, a resident who owned the lnarina and adjacent property, proposed a "yachtel" (his term). The FNPOA and named residents took the owner and the Town of Sou;hold to court for spot zoning and to keep the marina from commercializing our residential community. After several years, the owner succumbed and withdrew tfis plan for the use of the marina as a boat resort, and subsequently sold the marina and adjacent residential land. At some point in time, it was zoned Marine I, but no site plan was ever submiued (a survey is on file with the Trustees for a previous owner). It is the consensus by many that it was overlooked, possit~ly I~cause the marina was modest in design and intent and predated zoning. Si~nilarly, most improvements predated the SEQR and DEC requirements and fell well within the purpose and nse of Marine I zoning code regulations. In August of 1989 a consortium purchased the marina, and bega~major renovations in the spring of 1990. Residents began noticing various irregularities in the operation of and renovations to the marina. In July ~ October 1991, letters from tile FNPOA, individual resideuts, and a petition signed by area residents were submitted to the Board of Trustees, Suffolk County Dcpt of Health, New York State Dept of Environmental Conservation, Supervisor Hams and the Cutchogu¢ Harbor Marina owuers. We claimed that the marina, in its renovation elTorts, had violated state ;md local environmental laws and local zouing laws. Since that time, the Fleet's Neck Property Owners Association has sought resolution on these issues aud others through the marina management and the various Southold Township, Suffolk County and New York State agencies. With the passage of time, it is more difficult to discem what ii. and what was, as the marina continues renovation, and operation without review and benefit of governmest.m.t}a~proval and checks in place. Fleet's Neck is an old and established summer and year-round residential-community. Residents in proximity feel violated by the lack of sensitivity of the marina management to activities set forth below. We believe that much of the confusion is due to the fact that there has been a marina operation at this site and any improvements made over the years were jnst that--improvements. Most were, in filet, "in-kind" renovatious, and this concept was extended to tile present owners and their renovations. Since no site plan existed, and in general, the CMH operated as a marina, the need for close scrutiny was minimized. In reality, the general use has changed and tile renovations have significantly altered the appc'arance ~ well as the operation. Tbis has impacted on the quality of our life, the value of our property and has challenged our environment. Currently 1. No site plan in place prior to issuance of building permits. Only recently was a site plan provided to the Town. Discrepancies between existing survey and site plan. 2. No SEQR state;nent reqoested for any renovations, although marina is clearly in a critical environmental area. 3. Building permit was granted for an "in-kind' renovation of res;rooms. Convertinglhe existing rcs;rooms and marine repair shop to res;rooms--triple is size and content. The addition of a coin-op laundry facility to the restroom building 4. M,'u'ine I zoning code precludes restrooms and laund~w facilities without a pump-oul slation. 5. Two cesspool nngs were installed within 30 feet uf b(flkheading without permit or inspecmm Violation issued September 18, 1992 still not resolved. 6. No pump-ont facility or holding tanks exist. 7. No fresh water well exists on marina property. All water comes from a well in a private residence on West Creek Avenue. Automated underground lawn sprinkler svstem added. 8. Excessive and intrusive overhead lighting, inappropriate stanchionk and lighting fixtures. L~ghting is on 365 days until I lpm or midnight, theoretically for security, yet recently when u boat caught fire, no marina personnel were on site and the fire was called in by residents. 9. Excessive noise from rest-room ventilation system. These exhaust fans are on at inapprop~sate trues of year and time of day. For example, mid May at 11 pm on a weekday when no manna personnel or patrons were on site. 10. Question of Southold Building Department, Board of Trustees or NYS DEC permit(s) to expaml the boat ramp in 1992. 11. The advertising and encouragement for transient trade and long-term boat "residences.' Most motor yachts m~ver leave their slips. 12. The establishment of a "convenience" store selling soda, ice cream candy, coffee, newspapers, and other food stuffs. 13. In addition to the allowable single residence, other buildings and extensions are used as part-time residences and "clubhouse" for marina principles and guests. 14. Marinas being typically wet businesses, residents are concerned that the excessive use of potable water for boat washing, restrooms, laundry, landscaping ~naintenance, marina residences and businesses will place an undo demand on our historically precarious residential water supp4y. 15. There is a general concern for the quality of the waters and wetlands of Wickham Creek. Where oncewe once swam; tished and clmnmed, we no longer can. 16. We question whether East End Diesel can conduct an independent business along with the manna business as provided uuder Manne I zoning. 17. It appears no policies are requested of marina or gas patrons Ibr speeding (land or waterways3. emptying bilge on West Creek Avenue from ramp egress, garbage disposal or patron condncl. Indeed, it has been a long uptull quest, and l, for one, look for~vard to the day wheu we can again peacefully coexist. 516-734-6993 3350 West Creek Avenue August 19 1994Cutchogue, N.Y. 11935 Town of Southold ' Planning Board Office Town Hall 53095 Main Road Southold, NY 11971 Re: Cutchogue Harbor Marina Gentlemen: In response to your letter dated July 11, 1994, copy enclosed, regarding additional information for our wetlands permit SCTM #1000-110-1-12. This permit is to reconstruct existing fixed and floating docks, and to add additional floating docks to the marina. The present configuration of the marina provides for 120 slips and when the work is completed we will have 115 slips, for a total reduction of five (5) slips. This reduction in slips will result in additional parking spaces for our customers. We have had ample on- site parking while operating at 120 slips, and therefore do not understand the request to indicate parking calculation and spaces on the site plan. Thq%lighting stanchions shown on the drawings are existing 18' metal' poles,~, equipped with 10~· watt ballasted fixtures, on the roadwal~.slde of the property, and 150 watt ballasted fixtures on the property. All of the lighting on the property has been reviewed and approved by the Building Department and we have no plans to increase the amount or level of site lighting. If you have any questions please contact me at Cutchogue Harbor Marina (516) 734-6993. Thank you very much. LW: sa LTR087, TXT Very truly yours, CUTCHOGUE HARBOR MARINA EASTERN LONG ISLAND, A BOATING PARADISE Larry Williams Treasurer SOL! ~ h&D TOWN Pt re- %lNG BOARD ...... FLEET ECK PROPERTY OW ;SOCIATION , INC. P.t 54 CUTCHOGUE , N.Y., 11935 July 11, 1991 COPY 'Fo the Owners and Managers of the Cutchogue Harbor Marina: For more than fifty years there has been a marina-type operation on Wickham's Creek on West Creek Avenue and West Road, Cutchogue. These "marinas", under various ownerships, have peacefully coexisted with the residences of Fleet's Neck, and in particular the residences adjacent the marina on West Creek Avenue and West Road. They-have kept their design and operation within the character of the commanity and environment--an old, quiet, established con~:nunity of moderate to expensive summer and year-round homes located along environmentally-protected wetlands. Many Fleet's Neck residents keep or have kept their boats at these marinas and appreciate the proximity of our boats to our homes. For many years many of us swam, fished and clan~tned in Wickham's Creek-- enjoying tile creek and wet/ands. The management of the marinas have cooperated with the residents in keeping nuisances to a m/nimum, providing personnel and altering situations so as not to offend residents while protecting their investments. We recognize and appreciate your right to improve your facilities, but we seriously question the impact of some of the current "enhancements" and "renovations" to the Cutchogue Harbor Marina on the environment and the existing character of the community. Cited below are some points which we would like to see addressed: Security: 1. The area floodlights are far too bright and are not well directed. C-hre"from these lights in our homes is intrusive and we are also concerned about their effect on [he nocturnal wildlife on our adjoining wetlands. 2. A burglar alarm system may be advantageous, but only if there is person in close proximity to respond in a timely manner to its alarm, or a reset feature incorporated. 3. Secmity measures that are controlled by timers and affected by dips or surges in power are ineffective--turning lights and fans on at inappropriate times of day and night. 4. It would appear more efficient and effective and less intrusive to employ a person to assure the security and that lights and fans are appropriate!,y on/off, than support the number of floodlights, alarms, timers and other "high-tech sources currently in use. 5. The proposed chain-link fencing would be a visual eyesore in the midst of our quaint, residential area. Noise 1. Pollution: Recognizing that there is a need for ventilation in the restrooms, we maintain that the current , exha. ust fans are needlessly excessive. Not~nly are they excessivel loud but bern ' ' Fh~u~.~,~.s.[,at .a,n .d. the erranc ttmer,they are Often on at'totally irl~ppron~iYa}~-~es of ao5 on a.., ~. -,~.~.~miy [ney are on yep{ early in the momin~ and vet-., Iht,= ~ _r dt ,.~ . u,,y. ?.~ - o .... _, .... at mgm. tv~any nines they were' on all night, and on occasion they were on several days continually. 2. Exce. ssive noise from parties, boats, vehicles, radios, alarms, loudspeakers, etc. shoald be momtored. Since the Marina encourages overnight transient accommodations and permits boat "residences", efforts should be made limit hours of parties and excess "social" noise. 3. Except in cases of emergencies, hours of marine operation (and construction) should be limited to the "work-day." 4. Work vehicles should meet the New York State requirements for exhaust mufflers. Cutchogue Harbor Marina Page 2 Water Pollution: 1. An on-site pump-out station for effluent from individual boat heads is essential. 2. Fresh water spigots and joints are leaking or broken and cannot be turned off completely. 3. There are no existing rules or guidelines for patrons and guests against: a. Intrusion of wetlands with high-power small boats, inflatables and jet-skis. b. Washing of boats with chlorine bleaches and phosphate detergents. c. Discharging chemical- or fuel-ridden bilge water or engine fluids into the creek. 4. With the addition of laundry facilities and increased restroom facilities and attendant cesspools, there is considerable concern for the quality of our drinking water as well as discharge into the creek. Construction: 1. An absolute nightmare to the residents! Piles of dirt, sand and debris everywhere. Dust from work sites and roads filtering into the houses, cars and boats, smelly spoils from dredging, heavy equipment noise, orker s radio noise, interruption of mail and delivery services, visual blight--dumpsters, pilings, uprooted shrubs, fencing, construction equipment, worker's litter, .s. ince March! 2. Construction equipment is blocking, by road and water, access to the Town of Southold dock at the end of West Road. 3. The dumpsters are being used as receptacles for public household garbage and trash. The Board of Directors of the Fleet's Neck Property Owner's Association request that our complaints be investigated and that the peaceful, quiet enjoyment of our homes be maintained in keeping with the tranquil, rural character of our neighborhood, and that our environmentally-sensitive wetlands and waterways be protected. We will be happy to meet with the owners and managers in an effort to reach a mutually agreeable resolution to these problems. It is our interest to maintain the "good neighbor" relationships that we have enjoyed in the past. Sincerely, ' Signature of Bernard Dempsey~ Bernard Dempsey, President F1 eet s Neck Property Ownerk Association COPY ~TDPH~:N D. PlNZIND FILl COP Town of $outhold Office of the Town Attorney ATTN: Matthew Kiernan, Dsq., Assr, Town Attorney In ~e~ gqtChOgue Harbor Maril]~, Violation of Chapter 9?° Article II. ~ection 97-20. Dear Hr. Klernan, Please accept this letter as confirmatlo~ of our discusslO~l this date reqardlng the above noted s~bject matter. It is my understanding that the following four points have been mutually agreed uponz t, As the above notec~ ub3ect is an enforcement matte~, ail FOIA requests pertain~pg there;to will be preli~inarily den/ed the Town level, II. Affidavits from members of The Fleet's Neck Property Owner's Association will be sealed, aHd submitted, by this firm, to the responsible agency upon request. It was further agreed that these documents will be reviewed, in camera, arid only made part of the public record upon consent 'of the ul~dersigped. III. Is order to preclude any claim with regard to potential conflict of interest, Sourhold Town Attorney Arnoff and Henry Smith, will recuse themselves f~om any proceedings re9ardln9 the Cutchogue Harbor Marina and similarly, will be denied access to that file. IV. Efforts wil] be made to recone:tl:uct the m~nutes of the october 22, 1992, where, clue to a fa~.lure of the tape recording, a transcript of these proceedings is currently unavailable. It was at thls meeting, on information and belief, an admission regarding cesspools was made b~ representatives of tl]e Cutcho~ue Harbor Marina, . Page Two It is respectfully reG~2ested that, if you concur as to our understanding on-the above no~ed points, kindly notify this office, in writing, and similarly .notify ~he undersigned whel% measures agreed upon have been e~acted. the It is further respectfully requested that this office be noticed on any and all public matters refore~]cing the part~es aPorementioned and tbat thi~ ~ette~ be allowed to be placed on the record. Yo'~rs Stepb~n D, SDP: air cc: Board of Trustees Hon. John Bredemeyer Clerk of the Trus[ees TRUSTEES : , John M. Brcdcmcyer, III, President Albcn J. IOupski, Jr., V/cc Pres/den! Hcnry P. Smith John B. Tuthill William G. Albc~tson qizlephone (516) 765-1892 Fax (516) 765-1823 April 10, 1992 BOARD OF TOWN TRUSTP~ES TOWN OF SO[?FItOLD Mr. Charles T. Hamilton Permit Administrator NYSDEC Bldg. 40 SUN~ Rm. Stony Brook NY 11794 219 Re: Dear DEC t~1-4738-00096/00001-0 C,,g~,9~ ~ ~/~ar~ biO Consulting Ch6ck. SUPERVISOR ~/< ¢ SCOTT L. HAP, F, IS /,~ Town Hall 53095 Main Road PO. Box t179 Southold, New York 11971 SOUTHOLD lqWN _ pLANNING BOARD The Southold Town Trustees are in receipt of your lead agency coordination request o~ March 26~ 1992 in reference to the above noted application. The Southold Town Trustees are interested in taking lead agency status for this project under the Southold Town wetlands ordinance, wherein the entire site is jurisdictional for this board. We have not yet reviewed an application for this proposal. The board has been to this site numerous times. We are concerned that the applicants are now attempting to avoi~ the substantive requirements of SEQRA in that they have made no mention to you in their application of their request to us to waive our wetlands ordinance to install additional roof drainaq~ and install an additional bathroom in the storage/workshop .b.~ildin~ with wasteline to existing non-permitted sanitary The board has:v~r.b.~l!~¥..__iRd.&.~.,t~ld~o~...t~h. ~ .~.~.~~ on at- '~:[~[~e °ccas!°~s that it d°es n°t want ~~[ ~~ · ' ~n~os on this site. involving water s~pply and sewage treatment issues. ~sent /5~ deClaratiOn Whe~ We 're~'~ ~ ~.."~".~o ~gnSuitin~z I will also ask for a site Plan aPproVal from ~he SO~h01d TOwn I~L~' ~ P~hh~g BOard and the help of oUr wetland consultant. I/w' ~wt TRUSTEES ~: John M. Brcdcmcyer, Ilk President Albert J. Krupski, Jr., Vice President Henry E Smith John B. Ttlthill William G. ,Mbc~*son 'Ii:lephone (516) 765-1892 Fax (516) 7654823 April 10, 1992 BOARD OF TOWN TRUSTEES TOWN OF SOUTItOLD Mr. Charles T. Hamilton Permit Administrator NYSDEC Bldg. 40 SUNY Rm. Stony Brook NY 11794 219 Re: DEC #1-4738-00096/00001-0 Cutchogue Harbor Marina/JMO Consulting Dear Chffck. ~ SUPERVISOR ~/< SCOTT L HARRIS ~[bwn Hall :53095 Main Road EO. Box 1179 Southold, New York 11971 SOUIHOLD IOWN PLANN NG BOARD The Southold Town Trustees are in receipt of your lead agency coordination request of March 26~ 1992 in reference to the above noted application. The Southold Town Trustees are interested in taking lead agency status for this project under the Southold Town wetlands ordinance, wherein the entire site is jurisdictional for this board. We have not yet reviewed an application for this proposal. The board has been to thi~ site numerous times. We are concerned that the applicants are now attempting to avoid the substantive requirements of SEQRA in that they have made no mention to you in their application of their request to us to waive our wetlands ordinance to install additional roof drainage and install an additional bathroom in the storage/workshop building with wasteline to existing non-permitted sanitary facilities installed only 30' from surface waters. The board has verbally indicated to the owners/managers on at- leased three occasions that it does not want additional bulkheads on this site. Numerous neighbor complaints were received in 1991~ most involving water supply and sewage treatment issues. Absent major changes, I will reco~nend my board issue a positive declaration when we receive an application from JMO Consulting. I will also ask for a'site plan approval from the Southold Town Planning Board and the help of our wetland consultant° Thank you for your referral in this matter. Sincerely, M. Bredemeyer, .III ident/ Board of ~rustees cc. Building Department Planning Board / CAC JMB/djh TRUSTEES John M. Bmdcmcyer, IlL President Albert J. Krupski, Jr., \qce President Henry. P. Smith John B. Tuthill William G. Albcrtson Telephone (516) 765-1892 Fax (516) 7654823 BOARD OF TOWN TRUSTEES TOWN OF' SOUTHOLD ,c/t( l-VI SUPERVISOR $COTT L. HARRIS Town Hall 53095 Main Road RO. Box lt79 Southold, New M)rk 11971 May 5, 1992 Joseph LoRusso Cutchogue Harbor Marina, 3350 West Creek Avenue Cutchogue, t, Uf 11935 Inc. Re: Cutchogue Harbor Marina SCTM# 1000-110-1-12 Dear Mr. LoRusso: The following actions were taken by the Board of Trustees at their regular meeting of April 30, 1992: Resolved that the Southold Town Board of Trustees grant a waiver to place a drywell in front of shed to contain ~unoff and to refurbish the driveway and parking area by placing stone in these areas. Please note that the request for a waiver to construct a toilet and sink facility inside the shed for the exclusive use of the yardmen and mechanics has NOT been approved due to a margin vote of the members. If you have any questions, please give us a call. Mtruly yours, III President~ Board of Trustees JMB/jmt cc: Planning Board~/ Bay Constables TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henrv E Smith John B, Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 D,cember~- 29, 1993 Joseph J. Seebode Chief, Regulatory Branch US Army Corps Of Engineers New York District Jacob K. Javits Federal Building New York, NY 10278-0090 RE: Public Notice ~93-13080-L2 Cutchogue Harbor Marina Dear Mr. Seebode: The Southold Town Trustees have not yet received an application for a local wetlands permit subject the aforementioned public notice. Since this office has not yet resolved concerns surrounding a previous unauthorized expansion of the onsite sanitary system and laundry facility we would request your agency suspend review of this. application until we receive an application and have an op~rtunity to review same and coordinate with the other involved ageng£es: Depending un the nxtuz'e cf the expansion., additional approvals from the Southold Town Planning Department and the Suffolk County Department of Health Services may be necessary. Sincerely, ~ Bredemeyer, III President, Board of Trustees JMB: jmd cc: Cutchogue Harbor Marina NYSDEC SCDHS Bldg. Dept. Planning Dept.~,/ 516-734-6993 April 14, 1993 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 3350 West Creek Avenue Cutchogue, N.Y. 11935 APR I 6 1993 TOWN OF SOUTHOLB Re: Wetland Permit Application Gentlemen: Enclosed you will please find our completed application for a Town Wetlands Permit to perform removals, relocations and new floating docks, piers and pilings as per our drawing dated April ].2, 1993, copy enclosed. We have also included a copy of our latest survey dated September 23, 1992 and our application and inspection fee in the amount of $150.00. We are in the process of obtaining our New York State DEC permit for this proposed work, and will forward a copy to the trustees as soon as it is issued. If you have any questions regardinq this matter, I can be contacted at (516) 249-6110 or leave a message with our Manager, Jim O'Brien at Cutchogue Harbor Marina. Very truly yours, CUTCHOGUE HARBOR MARINA, INC. Lawrence L. Williams Treasure~ LLW:lb Enc.(Permit Appl., Drawing, Via Federal Express Survey, Check) EASTERN LONG ISLAND, A BOATING PARADISE TRUSTEES Jotm M. Bredemeyer, III, President ttenry 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 SOU~OLD SUPERVISOR SCOTT L. I~RRIS Town Hall 53095 Main Road P.O. Box 1 179 Southold, New York 11971 August 12, 1991 Mr. Bernard Dempsey, President Fleet's Neck Property Owners Association, Inc. P.O. Box 554 Cutchogue, New York 11935 RE: Cutchogue Harbor Marina SCTM ~1000-110-1-12 Dear Mr. Dempsey: With respect to your letter of July 11, 1991 and the letter to you of August 5, 1991 from the Town Supervisor the Board of Town Trustees can offer the following: On July 25, 1991 the Trustees conducted a site inspection of the Cutchogue Harbor Marina. Recent activities on the site range from questionable/under review for legal action to fully permitted and lawful. Future activity planned for the site and discussed on that date with the General Manager, Mr. Dave Prager range from acceptable as maintenance with no permit necessary to those requiring permits and some which we flatly told Mr. Prager would be unacceptable under any circumstances. Completed questionable activities/activities under review Sanitary System: Installation of additional sanitary system elements may have taken place within the 75' local wetland jurisdiction of the Board of Trustees. We are expecting a detailed plan and statement from the general manager within one month to start our investigation in this matter. If the changes made to the system are not within the jurisdiction of the County Health Department the Trustees will have to determine if the work in question was solely a maintenance or repair or an expansion. If an expansion, the Board may invoke the need of a wetland permit application, may require termination of the purported proposed new laundry service or a combination of the permit and legal action as appropriate. We have asked the General manager to provide us with a detailed plan of all the waste water facilities on site. Since he claims little familiarity with a matter we are concerned may have been intentionally concluded "after hours" in an attempt to obscure inspection, we may need some help from area residents if forced to proceed legally. Dredging: The $outhold Town Bay Constables as enforcement agents under the Town Wetlands Ordinance have made at least three inspections of the site. The latest included soundings in from of the recently completed bulkhead. It is evident from these inspections that no removal of material occurred which is not ordinary, usual and legally accepted for the replacement of an old bulkhead. There was however inappropriate temporary storage of excavated material resulting from the bulkhead and fuel system replacements. Prior to inspection by the entire Board of Trustees on the 25th of July this material was removed from the site. The General manager was informed that any future filling or construc~ion activity within 75' of the wetlands other than repair.~r replacement of existing functional structures will result in violations issued under the wetlands ordinance. Road end blocked by construction debris, bulkhead blocked ~arge and crane: As a result of a complaint received these problems were corrected. Although generally self-limited to the construction time involved, the Trustees, and several other Town Departments were asked to contemplate legal action based on the inordinated amount of time the marina blocked public facilities. On the 25th of July, the general manager indicated he was taking immediate steps to correct these problems.which be acknowledged should have already been concluded.- The Trustees can direct the Bay Constable to enforce future blockage of the bulkhead under Chapter 32 of the Town Code. Construction of the bulkheading: The bulkhead construction on site was lawfully concluded under permit ~3900 issued February 22, 1990. The replacement of the deteriorating walkways behind the existing and replacement bulkheads d. Qes not require a permit under the Town wetland ordinance and should be concluded for patron and public safety as soon as possible. Fuel. storaqe: The Southold Town Trustees understand that the fuel storage facilities were installed to Suffolk County Health Department standards for the protection of groundwater and surface water. Recently this Board has begun to contemplate additional requirements for fuel tanks in general. However, the fuel tank replacement for this site was authorized as a part of the bulkhead replacement prior to current discussions in this area which we have commenced several months ago. If there are practical ways the Board of Trustees can help this and other sites with respect to surface spill barriers to protect wetlands and surface waters, we would like to hear your suggestions. ~xpansion of the private water supplies- The Trustees are concerned that the site will not "mine" water from the adjacent area; particularly in a drought period like the one we are currently experiencing. We have asked the general manager to show us copies of any easement he purports to have which permit him to convey water to the marina from off site beneath Town owned roads. The Town Board of Southold is presently researching the Trustee's authority to regulate groundwater supplies in the Town as we may actually "own" them in Trust for our citizens by virtue of the Andros Patent of 1676. Should this be the case, the Trustees may wish to regulate water usage on sites such as this if it can be shown to sustain groundwater quantity and quality for the general public. Until this happens we can hope that the site will come under the scrutiny of the County Health Department for both ~ater and sewage systems. Future activities planned: The general manager indicated the operation planned to reorganize boat slips to accommodate more vessels and would like to construct a fence and bulkhead on the north side of the property. All such activities would require a wetlands "permit from the Trustees. It is the understanding of this 6~fice that he current changes noted on site in addition to the expansion will result in the Southold Town Planning Board requiring a site plan review for this site. The Trustees support this approach. The Trustees indicated to the General Manager that we will not permit any new bukkheading on site which will destroy intertidal marsh as they had been planning. Alternative structures which may encourage the marsh fringe will be considered in the context of the wetland permi[ on a case by case basis. We will want a pumpout facility and proper surface runoff controls for this site. I hope this reply is helpful to you. I have taken the liberty of copying Mr. Prager so that the helpful and cooperative meeting we had with him on July 25, 1991 will result in the additional information we requested being promptly submitted to our office. The Trustees will continue to monitor this situation closely as we receive or develop the information necessary to act. In the meanwhile I have asked the Trustee clerk, Jill Thorp, to provide you with any help you may need in researching this matter. I would encourage the marina and community to contact us if you have any questions on the wetland ordinance. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: j mt CC: Dave Prager, General Manager, Cutchogue Harbor Marina Planning Board Bay Constables Supervisor Harris Steven Costa, SCDH Chuck Hamilton, DEC Victor Lessard, Principal Building Inspector 473889 110.-21-12 OWNER: CUTCHOGUE HRR3ON HARiNA INC N'O~BER~ DATE TYPE 3215 9/112/66 PERHIT, 2792 {iO ~ .-27 9401 1/26/79 PRE CO HARINA 5629 11/~3/71 PERHIT 4896 NEW BLDG. BP ~5629z CiO 11620 4/k0/82 PERHIT 11054 DECK ADD - BP #11620 CO 12671 10/10/83 PERHIT 12111 ADD TO STORAGE BP #1267- a rio ]5613 1/i}7/87 PERHIT 11625 ADD TO DWELL. BP ~15613-Z Z!} Z 18853 3/37/90 PERHIT 19637 RENOV.RBST RM BP #18853-Z 0/30/00 o/oo/oo 0/oo/oo Fi Hore N7-Permit Detail F8 Co Detail F9 Preco F12-New Swis/Parcei F3--Exit 473889 SOUTHOLD 110.-1-12 3350 WEST CREEK AVE - OWNER & MAILING INFO --= CUTCHOGUE HARBOR MARINA INC C/O DR. F. SCIOTTO 34 SOUTHFIELD RD BOX 112 AQUEBOGUE NY 11931 NYSRPS ASSESSMENT INQUIRY DATE : 07/17/2003 SCHOOL MATTITUCK SCHOO ROLL .,LC TitLE PRCLS 570 MARINA TOTAL RES SITE TOTAL COM SITE ACCT ~,]O 13 =MISC = - -= .... ASSESSMENT DATA .... ---'---- RS-SS **CURRENT** RES PEiRCENT I LAND 14,300 ~ ~TAXABLE* * BANK TOTAL 31,100 COUNTY 31,100 **PRIOR** TOWN 31,100 LAND 14,300 SCHOOL 31,100 TOTAL 31,100 DIMENSIONS ---I -===- SALES INFORMATION ...... ----= ........ ----= ........ ACRES 3.90 IBOOK 10919 SALE DATE 08/08/89 SALE PRICE 943,700 IPAGE 162 PR OWNER BOATMANS HBRREALTY CORP ---=-- TOTAL EXEMPTIONS 0 ---= ........ I-- TOTAL SPECIAL DISTRICTS 4 ---=== CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE I FD029 IPK090 IWW020 ISW011 Fi-NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PEEV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9-GO TO XREF F10=GO TO MENU PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WlLLI~Vi J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 ri'own Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 August 1, 2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Margo Ludlam Harvey Amoff 206 Roanoke Avenue Riverbead, NY Re: Cutcbogue Harbor Marina, Inc. 3350 West Creek Avcnue Cutchoguc, NY 11935 SCTM# 1000-110-1-12 Zone MI Dear Ms. Ludlain, This letter is to follow up on our meeting July 29, 2003 at tile Town Hall m Southold. Our intcrpretation of Ibc agreement among all parties at tile meeting described above is that a site plan will be created by the applicant and submitted to the Planning Board to be reviewed at a Work Session. We will need to receJvc the updated site plan before we can place the project on a work session agenda. Please refer to the application package for site plan requirements ] f thoro are an? questions you can contact us at (631) 765-1802 between thc hours of 8:00 a.m. and 4:00 pm. Senior Site Plan Reviewer CC:file,Town Attorney, Ed Forrester PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN sIDeR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 July 23, 2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Margo Ludlam Harvey Amoff 206 Roanoke Avenue Riverhcad, NY Re: Cutchogue Harbor Marina, Inc. 3350 Wcsl Creek Avenue Cutchogue. NY 11935 SCTM# i000-110-1-12 Zone MI Deal' Ms. Ludlam, This letter is to folio,,',' up on our telephone conversations of July 18 & 21,2003. Enclosed you will find a site plan application package. This will confirm our meeting on Jnly 29, 2003 at 3:00 PM in the Planning Board Office at Ibc Town Hall in Southold. As discussed on the telephone, please bring an updated snrvcy of thc parcel described above and or a concept site plan. Refer to thc site plan application and endorse thc documents as needed. To avoid delays, please expedite a complete site plan application and con'esponding documents for submittal to the Planning Board as described in the information enclosed. If there arc any qucstions you can contact us at (631) 765-1802 between the hours of 8:00 a.m. and 4:00 p.m. ~OllyOLII'S~ Senior Site Plan Reviewer CC:file,Town Attorney, Ed Forrester WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD July21, 2003 at 4:30 P4 ITE PLANS Mike Verity, Principle Building Ins RE: 1) Discussion of proposed code chan Oki-Do. 2835 Shipyard Lanc EastMarion, NY 11935 RE: l) Staff memo about 7/24/03 Chris Mohr CR 48 Cutchoguc, NY RE: 1) New laudscape plan rcce Cross Sound Ferry Orient, NY RE: I) kcttcr received from ~DOT. Mullcn Motors Main Road Southold, Nh" RE: 1 ) New concept site plan recciw 1000-3:.-7-7.1 Zoned Mil and relents or concerns. ?TM# 1000~96- !0.1 Zoned IJ 7/8/03 on site plan. 1000- 62.- 20 Zone: B, HB. R-40 Cutchoguc Itarbor Marine 3350 West Creek Avenue Cutchogue, NY SCTM# 1000-110-1-12 Zoned MI RE: 1 ) New activity on this site plan, 7/14/03 Spoke w/Margo Ludlam about site plan. Angelson / ~ pMeicd~l;c R°ad ( CR48/N orth Ro ad SCTM# 1000-73-6-001,002 RE:I) Ncw applicatioa on a lot linc. J A// ' neolls American Legion Post 1045 / \ RE: l~iquor License Rcnewal, Fi~,gr--Islan% bs 7/22/03 / EDWARD FORRESTER DIRECTOR OF CODE ENFORCEMENT TOWN OF SOUTHOLD Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971 ~0959 Fax (631) 765-1823 Telephone (631 ) 765-1889 MEMORANDUM TO: FROM: DATE: RE: Greg Yakaboski, Town Attorney Ed Forrester, Director of Code Enforcement October 29, 2002 Cutchogue Harbor Marina Served two appearance tickets, after attempts to remedy failed due to unresponsive property owner. Cited for operation without an approved site plan and change in occupancy of a building without change of C.O. Copies of criminal complaints and supporting documents pending. Cc; Supervisor Town Board Planning ~ OCT 0 2'o tz EDWARD FORRESTER DIRECTOR OF COI)E ENFORCEM} NT Tox'm Hall, 53095 Main Road P.O Boxl179 Southold, New York 11971 Fax (631) 765-1823 Telephone (631) 765-1938 TOWN OF SOUTHOLD ORDER TO REMEDY VIOLATION TO: Cutchogue Harbor Marina Inc. CIO Dr. F. Sciotto 500 Meadow Ct. Southold NY 11971 DATE:August 29, 2002 PLEASE TAKE NOTICE there exists a violation of: Southold Town Code Section 100-250 At premises hereinafter described in that: Operation without approved site plan In violation of Southold Town Code YOU ARE THEREFORE DIRECTED AND ORDERED TO comply with the law and remedy the conditions above mentioned WITHIN 5 DAYS The premises to which this ORDER TO REMEDY refers are situated at: 3350 West Creek Avenue SUFFOLK COUNTY TAX MAP #1000-110-1-12 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. encl. Cert. Mail cc; Town Attorney Planning Board Director of CoW Enforcement EDWARD FORRESTER DIRECTOR OF CODE ENFORCEMENT Tow~ Hall, 53095 Main Road ~ ~.~ P.O, Box 1179 [~tdd. Southold, New York 11971 Fax (631) 765-1823 Telephone (631) 765- !-93'8- TOWN OF SOUTHOLD July 18, 2002 Cutchogue Harbor Marina Inc. Cio Dr. F. Sciotto 500 Meadow Ct. Southold NY 11971 Re; Property at 3350 West Creek Ave. SCTM# 1000-110-1-12 Dear Dr. Sciotto, Please be advised that the operation of the marina at the above referenced location is in violation of Southold Town Code. Specifically, operation without an approved site plan. I have attached a copy of Town Code Chapter 100, Article XXV for your information. An application was made in 1994 but never finalized. The enclosed Code sections will assist you in addressing the issues that will need to be reviewed for an approval. Please contact the Planning Board office immediately to begin the process for compliance. Failure to do so will result in further action by this office. Thank you for your anticipated cooperation. S~i. Qcer~ely, Edward Forresterk~_) Director of Code Enforcement CC; Planning Board Town Attorney Building Depadment Plannlna EDWARD FORRESTER DIRECTOR OF (70[)15 ENFORC[ MENT Town Hall, 53095 Main Road P.O. Box 1179 Sou[hold, New York 11971 Fax (631) 765-1823 Telephone (631) 765-1-93~- TOWN OF SOUTHOLD July 18, 2002 Cutchogue Harbor Marina Inc. C/o Dr. F. Sciotto 500 Meadow Ct. Southold NY 11971 Re; Property at 3350 West Creek Ave. SCTM# 1000-110-1-12 Dear Dr. Sciotto, Please be advised that the operation of the marina at the above referenced location is in violation of Southold Town Code. Specifically, operation without an approved site plan. I have attached a copy of Town Code Chapter 100, Article XXV for your information. An application was made in 1994 but never finalized. The enclosed Code sections will assist you in addressing the issues that will need to be reviewed for an approval. Please contact the Planning Board office immediately to begin the process for compliance. Failure to do so will result in further action by this office. Thank you for your anticipated cooperation. S~oce§ely, Edward Forreste&..) Director of Code Enforcement CC: Planning Board Town Attorney Building Department PLANNING BOARD MEMBERS BENNETT ORLOWSiCI, dR. Chairman WILLIAM J. CREMER$ KENNETH L. EDWARDS RICHARD CAGGIANO PlART[N SIDOR, gR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Re: Edward Forrester, Director of Code Enforcement Scott Hughes, Sr. Environmental Planner~,. Cutchogue Harbor Marina West Creek Avenue, Cutchogue SCTM: 1000-110-1-12 Date: July 10th, 2002 Responding to detailed public complaints, it has been revealed that Cutchogue Harbor Marina is operating without an approved site plan. A review of the file has shown the application process had been started but not completed despite several past requests to do so. As such, the operation of the business without an approved site plan is a violation of Town Code. The Planning Board requests that Cutchogue Harbor Marina be informed that it must reapply for a site plan. APPI ON FOR PUBLIC ACCESS TO CORDS Suffolk County SECTION I. TO BE COMPLETED BY APPLICANT rNSTRUCTiONS TO APPLICANT: Please complete Section 1 of this form (type or print legibly). SUBMit Tm: ORIGINAl. FORM to the agency Freedom of Information Officer. The Freedom oflnfonnatioo Officer or Designee will respond to your request as soon as possible. TO: FREEDOM OF INFORMATION OFFICER: AGENCY NAME: AGENCY ADDRESS: Suffolk County Dept. of Health Services Office of Wastewater Mmmgement Suffolk County Center, Room S-238 Riverhead, N.Y. 1 i901 I HEREBY APPI.Y 'FO: (CHECK ONE) [~nInspect the following record [] Receive a copy of the lblloxvmt4 document(s) ' (Please describe the record sought. If possible, supply a date, a file title and complete tax map number, and anx otlne~ hdbmmhon that will help locate the record desired:) C~5P~L ~ ~ ~ q/~ AP~ t c~ o~s Applicant's Mailing Address: Telephone Date o£ Application SECTION 11, FOR USE BY AGENCY FREEDOM OF INFORMATION OFFICER OR DESIGNEE ONI,Y [] Approved. (?all to arrange an appointment to inspect the requested record. Contact Person Phone fl [] Records not possessed or maintained by this agency. [] Records carmot be found after diligent search. [] Denied Reason for denial. (See Attached). [] Receipt of this request is acknowledged. There will be a delay in supplying thc requesled record until: [] Payment of Reproductions Fee $ [] Other [] Document(s) enclosed, as requested. [] Other Carol ~. Hunslnger Head Clerk SECTION III. NOTICE TO APPLICANT Date June 29, 2002 ,~.~,L..!I.~}:~.A. RJGII E TO APPEAL A DENIAL OF THI~. AJPPLICATION IN ~TING TO THE OFFICE' F ~E C'uul~l'~ ATTORNEY WITH~ 30 D~Y~ DENIAL ~FO , TO ' N ' -' ~ ~. ,. · ~ATIONAS TO THE PERoON (O 3ACTiSSHOWNBELO~v . W ITHfN TEN B tJSINESS DA YS' ,,~~E~ PERSON MUST RESPOND TO YOU IN , v~- OF YOUR APPEAL SuffOlk CounW Attorney G~ :~/~'~ ~ o ~,'" ' - , .... ~us~ x:ss Te cphone Ii I.ec [)clllliSOll Bldg 6 [:l. '~. Veterans Mcmoiial Ilighway , ~ ,,, ~'-" ..~ - ,t llauppa ge, N.Y. 11788 _,. (631) 853-4049 WWM 074 (3'17..'99) l'~acking P · (~*0~ 5 4 CUTCHOGUE, N Y 11935 June 13, 2002 Ms. Valerie Scopaz, Planning Department Head Mr. Bennett Orlowski, Planning Board Chairman Southold Town Hall Main Road Southold, NY 11971 Subject: Cutchogue Harbor Marina, SCTM# 1000-110-1-12; Lack of a Site Plan The Cutchogue Harbor Marina continues to expand and intensify its facility and its operations and we can find no site plan to serve as a baseline from which to measure changes. We do know that certain features and activities have grown over the years and some of these are in excess of Town Code and permits (see MarinaLtr2.doc and its attachments). · Currently a sign and newspaper box ad advertises an on-premises gift shop. · Last winter the property was filled to overflowing with stored boats. · 2~e required buffer areas are ignored, used for storage, used for operations and left littered. We request that the Planning Department and the Planning Board review the records and the marina itself to ascertain the sufficiency of the situation as it relates to the site plan approval requirement. The Town Code clearly requires a site plan on non-residential properties. In 1992 the Town Attorney called for a site plan but apparently none was approved or submitted. The Board of Trustees routinely does not require a site plan on which to base commercial property permit approvals, although the Town Code seems quite clear on the requirement to do so. While this is a new description of the problem, the problem itself has extensive documentation in town files. We find it reasonable to expect a planned remedy by July 22, 2002 and implemented closure by November 2002. Please keep us informed of your progress. Sincerely, Tom Wetzel President Reference: · FNPOA Letter MarinaLtr2.doc - Lack of Compliance with Town Code (with attachments). · FNPOA Letter MarinaLtr4.doc -Non-Performance of Permit Stipulations. cc: Mr. Gregory Yakaboski, Town Attorney Mr. Edward Forrester, Southold Code Enforcement Officer Mr. Albert Krupski Jr., Board of Trustees, President Mr. Michael Verity, Building Department Head Mr. Josh t lorton, Town Supervisor File: MarinaLtr3.doc PD CEO PB PB& CEO PB PB MarinaSpread.xts Comparison of CHM (110-1-12) facility and actual operation with government requirements. Infraction outhold Tow~ Code --..4 Even w/o boat storage insufficient parking and :lriveway space has been provided Parking is insufficient as witnessed by on street Boats are stored right up to and over the prop~ line. Buffer and landscaping space along West Creek Ave, is being used for boat storage. Area lights intrude into residences. Lamps appear :o be brighter than 100 to 150 watts Insufficient Lighting Shielding Parking lot lights are on ail night Insufficient Northside screening Insufficient Northside buffer Insufficient Eastside screening (along West Creel Avenue) Continued STC 100-191 B, C, D requires 350 Ft2 per stall plus access driveways STC 100-191B,C,D requires I stall per slip plus 1 stall per employee. STC?00-191M says that the Planning Board can require more parking by reason of the nature of use STC 239.6 diallows temporary storage in the buffer. STC 239.7 disallows long term storage in the buffer. The concept of a buffer disallows operations ir buffer. STC 100-239.5C Lighting to be defined in the site ~lan and lamp posts to be limited to 14 feet. STC 100-237B glare cannot extend past lot lines STC 100-239A Lamps to be shielded so light source not visible from a(Y nt ro erties. STC 100-239 5B Parking lot lights to be off 11P~ Provided by FNPOA 5/30/02 Comment Dnly about 33,250 Ft2 has been provided for parking - ~nough for only 95 stalls, if driveways and permanently stored boats and oars are temporarily ignored There are 115 s~ips, plus several employees vehicles and several marina/contractor vehicles Storage of boats has left no room for parking of visiting cars or access to the boats by emergency vehicles. If boats in storage fitl up alt parking spaces clearly the parking for oars is insufficient by reason of use. In addition to the code referenced, common sense says space should be left for "winter parking" and fire access Operations and ho~ storage on the town road are not permitted. Note that the Tow~ property extends about 10 feet st._~_~Eavement. CHM alleges fixtures to be 100W at road and 150W i~way from road and that they were approved by Buildir ::)ept (BD). But no proof of intensity or quantity is apparent and no inspec~ians to verify any change is on Glare is sufficient to show stored boat shadow profile on house across the street. Glare is visible at ¢Y2825, 2800, 3355 WestCreek Ave Existing screening lacks integrity (see photos shswing"-- shipyard debris and litter) STC 100-191-K-(1 ) Parking spaces next to residential district to be screened by a substantial wall, fence or thick he~.~_ STC 100-213~utres a 20' buffer. STC 100-191-K-(2) Parking spaces across roads from residential district to be screened by 4 to 6 feet hi h screen a roved b the Plannm_~ Board buffer is ~rovided. Existing screening lacks integrity (see photos showing shipyard debris and litter) and is not placed 20 feet from line at the road. Page 1 CEO BD MarinaSpread.xls Infraction Operations on Eastside (streetside) buffer Cesspools were installed illegally in 1992 Comparison of CHM (110-1-12) facility and actual operation with government requirements. BoT NOF w/BoT BoT Log records of pump-outs NOF w/BoT CE( h sign advertising boat storage is on BD ~ Storage of boats without access for emergency CEO vehicles. PD, Launching ramp has been extended onto Town property blocking drainage on West side of West greek Avenue. BoT ~ No approved site plan on file in any Town Off'-'~--e CEO = Code Enforcement Officer ~Southold Town Code - STC_L SCT-100-213B(2) requires a 15' buffer on which o erahons a~d stor e are not to take lace Board of Trustees, DEC and SCDHS permits ~:~]rd of Trustee's 1994~rement. Board of Trustee's 1994 permit requirement STC 100-203 prohibits a second sign and s~gns closer than 15 feet from the road. Chapter 45 adopts the Uniform Fire Prevention end Building Code. STC 90.3 and ~ access ~vehicles No provision of the Town code allows private construction on Town property, SCT 100-250 require a site plan for every land use save single family homes, Provided by FNPOA 5/30/02 Comment Operations and storage of equipment takes ptace on the buffer and on the Town road~ Violation imposed by Town in mid nineties FNPOAto send rom tin letter to BoTto initiate tests FNPOA to send prompting letter asking BoT to request ~from Marina .E_er condition ~_~ermit. See photo of sandwhich sign on town property. Inspection required by Building Insbector and/or Fire Dommissioner with compliance to findings implied. The crown in the road and the seaward road shoulder coupled with the "dam" created by the ramp extention create a significant puddle that the storm drain cannot handle. ~Jo part of the COde relieves the Madna or the Board of Trustees of the site plan requirement of the permitting )rotocol~ P~e2 r to the north Basin and storage area wire fenc~ defines Shrubs )nly) 2 North Bas n parking and storage area at property line of Hassildine/Vander~ck, Note broken Property line fence, piles of yard and dock scrap ~naterials (additional materials since September 2001). Note also house boat in slip at rear, May 2002 8TC 100.213B(2) (Buffer, 8) STC 100-191K(1) (Screening, 7) STC 57-5(B) (L/tter) STC 100-32~2(B) (Floating Homes) Legend: Bold numbers refer to the direction and place photo was taken on the aerial view of the manna. Infra~ion and numbers in parentheses refer to infraction number on spr6~dsheet Cutchogue Harbor Marina 1 3 th Basin parking and ~gite area at property line of 'sitdine~anderbeck. Note (eh property I ne fence sr dock, old shrink wrap inoperable truck in kgr~und. January 2002 STC 100-213B(2) (Buffer, 8) STC 100-191K(1) (Screening, 7) STC 57-5(B) (Litter) 4 North Basin park ng and storage area at pr(~perty line of Hassi~ineNan(~erl~eck. Note second inoperable vehicle and yard trash May 2002 STC 100-213B(2) (Buffer, 8) STC 100-19IK(1) (Screening, 7) STC 57-5(B) (/~#er) Legend: Bold numbem refer to the direction and place photo was taken on the aerial view of the marina. Infraction and numbers in parentheses refer to infraction number on spreadsheet Cutchogue Harbor Marina 2 5 North Bas n parking and storage area at property I ne of HasSildine/~/anderbeck. Note broken property ine fence, derelict boat and ripped tarpaulin. May 2002 STC t00-213B(2) (Buffer, 8) STC 100-191K(1) (Screening, 7) STC 57~5(B) (Litter) 6 Note May2002 Legend: Bold numbers refer to the direction and place photo was taken on the aerial view of the marina. InfmCticn and numbers in Parentheses refer to infracticn number on spreadsheet CutCh0gue Harbor Marina 3 7 Entrance to North Basin parking and storage area Note dock flotation r~aterial and yard scrap piled at entrance, prox mity of stored boat to West Creek Avenue, veh c e and stored boats blocking access for emergency vehicles. December 2001 STC 100-19tK(1) (Screening, 9) STC fOO~191K(2) (Parking, 9) STC 100 213B~2) (Buffer, lOj STC 90-3 (B) (Unsafe Premises, 15) STC 57-5(B) (Litter) 8 park ng proximity vehicles Legend: BOld numbers refer to direction and p aCe photo was taken on the aerial view of the marina nfr'3ciion and ~Umber in italic Parenthese~ refer t° Infraction and i~fraction number on SPreadsheet Cutc~egue Harbor Marina 4 9 Entrance To North Basin parking and storage area, Note proximity Of Stored boats to West Creek Avenue, stored boats blOCking access for emergency vehicles January 2002 STC 100-~91K(1) (Screening, 9) STC I00-19t K(2) (Parking, ~) STC 100-213B(2) (Buffer, I0~ STC 90-3 (B) (U~safe Premises, 15) 10 Ramp show ng cement extended onto West Cr~k Avenue January 2002 No town code allows private construction on Town Preper~y (16) Legeno: Bold numbers refer to direction and place photo was taken on the aerial view of the marina infraction and number in italic parentheses refer to Infraction and infraction number on spreadsheet Cutchogue Harbor Marina 5 13 ;oat on trailer and Trave Lift locking entrance to ma n park ng nd St0~age area No access to arking and access blocked for mer~ency veh cles, ~rch 2002 STC 100.191K(1 (Screening, 9) STC 100~191K(2) (Parking 9) STC 100 213B(2) (Buffer, 10) STC 90-3(B) (Unsafe Premises. 15) 14 Boat and trailer block ng entrance to main parking and storage area No access to parking, par~ing on November 2001 STC 100-191K(1) (Screening. 9) STC t00-213B(2) (Buffer, 10) STC t00-191 B,C,D (Parking g) STC 90-3(B) (Unsaf~ Premises. ~ 5) Legend: Bold numbers refer to the direct on and place photo was taken on the aeria view of the Infraction and numbers in parentheses refer t~ nfracti0n number on spreadsheet Cutchogue Harbor Marina marina 15 Winter storage beg nning at pavement e~ge. I~ote tl~ere is no vehicular aCcess to the main park ng and storage area and marina repa r shop. January 2001 STC lO0-'Jgl K(1) (Screening, 9) ~C 100-213B(2) (Buffer, 10) STC 100-191 B,C D (Parking, 9) STC 90-3(B) (Unsafe Premises~*l S) 16 Boat and trailer stored six feet from pavement and approx mate y on road edge per sun/ey at entrance to main ~a~ ng and ~storage area NOte p ~s Of t~sh p ed next to an lc=ga sandwich sign. March 2002 TC 100-191K(1) (Screening, 9) TC 100-213B(2) (Buffer~ 10) TC 57-5(B) (Litter) STC 100-203 (Sig~, 14) Legend: Bold numbers refer to the direction and place photo was taken on the aerial view of the mar na Infraction and numbers in parentheses r~fer to infraction number on spreadsheet Cutchogue Harbor Marina 17 Entrance to main parking and storage area blocl~ed by travel Ift boats and fu ~ dumpste~;. Dumpster is approximately ten feet from Pa¥~entedg~ The area is littered with trash. April 2002 STC 100-191K(1) (Screening, 9) STC 100~191Ki2) ~Parking, ~) STC 100 213B(2) (Buffer, 10~ STC 57-5(S) (Litter) STC 90~3(B) (Unsafe Premises, 15) Legend; BOld numbers refer tothe direction and p ace photo was taken on the aedal vew of the madna, Infraction and numbers in pamhtheses r~fer to infm~ion no~ber on SPreadsheet FLEET~ECK CUTCHOGUE, N Y 11935 June 13, 2002 Mr. Albert Krupski Jr., Board of Trustees, President Southold Town Hall Main Road Southold, NY 11971 Subject: Cutchogue Harbor Marina, SCTM# 1000-110-1-12; Non-Performance of Permit Stipulations Dear Mr. Krupski: The Cutchogue Harbor Marina installed cesspools within a few feet of Wickham's Creek in 1992. After a violation was imposed a permit was retrofitted. Some of the stipulations of the permit approval were that the marina would: · Submit to annual dye checks to test flow from the cesspools. · Provide dye-check test results to the Board of Trustees. · Install a pump-out facility (done). · File pump-out log-sheets with the Board of Trustees. It appears that three of the above have not been accomplished and this letter requests that the Town follow-up on these important stipulations. It would appear necessary that the Board of Trustees order the performance of the dye tests since the permit apparently does not require initiation by the marina or other persons. The other permit stipulatiorks were to be annually fulfilled by the Cutchogue Harbor Marina. Extensive documentation is in town files. We find it reasonable to expect a planned remedy by July 22, 2002 and implemented closure by November 2002. Please keep us informed of your progress. Sincerely, Tom Wetzel President Reference: · FNPOA Letter MarinaLtr2.doc - Lack of Compliance with the Town Code. · FNPOA Letter MarinaLtr3.doc -- Lack of a Site Plan cc: Ms. Valerie Scopez, Director of Planning Mr. Gregory Yakaboski, Town Attorney Mr. Edward Forrester, Southold Code Enforcement Officer Mr. Bem~ett Orlowski, Planning Board Chairman Mr. Scott Hilary, President, Conservation Advisory Council Mr. Michael Verity, Building Department Head Mr. Josh Horton, Town Supervisor File: MarinaLtr4.doc · ~ub~tissio~t Wilhoul a Coi~¢'~r Letler 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, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Albert J. Krupski, Jr., President Board of Trustees Richard G. Ward, Chairman (~ Site Plan for Cutchogue Harbor Marina SCTM# 1000-110-1-12 DATE: October 5, 1994 A recent review of the above referenced project shows that the Trustee permit issued on April 28, 1993, had as a condition that a pump out station be installed. Town Code 100-121 A 5 permits laundry facilities only where a pump out station has been installed. To date. a pump out station has not been installed, putting the Marina in violation of your permit. This Board does not want to approve a site plan showing a laundry that is in violation of your Trustee permit. The Board requests that enforcement action be taken in order to bring this site into compliance with the Code or failing that, close the commercial laundry until the pump out station is installed. CC: Thomas Fisher, Senior Building Inspector In Charge Laury Dowd, Town Attorney Town Board PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (5t 6) 765-1938 TO: FROM: RE: DATE: Thomas Fisher, Senior Building Inspector In Charge Richard G. Ward, Chairman RE: Site Plan for Cutchogue Harbor Marina SCTM# 1000-110-1-12 October 5. 1994 A recent review of the above referenced project shows that the laundry is only permitted by Town Code 100-121 A 5 if a pump out station is provided. To date this facility has not been installed. Further. the parking spaces and parking calculations requested in the Planning Boards letter of July 11, 1994. (copy enclosed). have not been provided. The Board would like your agreement that a site plan is required for this site. The marina has grown to include one hundred and eleven slips capable of accommodating larger boats. Attached for your review is a report of an inspection made in October of 1992. jointly by the Building and Planning Departments. The report shows that there has been a history of recent building activity on the site: and it raises questions which merit answers. This Board would like to have the opportunity to make a comprehensive review of all elements of the Town Code as it pertains to this site. Attachments: § 100-121 SOUTItOLD CODE § 100-121 A. [Amended 5-9-89 by L.L. No. fi-1989} Permitted uses. The following' uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Plannina' Board: Il) ()ne il) one-family detached dwelling per single and separate lot of record in existence as of the date of adoption of this Article. 12) Marinas for the docking, mooring and accommodation of recreational or eornmereial boaks, ineludiqg the sale of fuel and oil primarily for the use of boats aocommodated in such marina. Boat docks, slips, piers or wharves for charter boats carrying pasengers on excursions, pleasure or fishing trips or for vessels engaged in fishery or snell fishery. (,1) Beach dubs, yacht dubs or boat clubs, including uses accessory to them, such as swimming peois, tennis courts and racquetball facilities. (5) Boatyards for building, storing, repaimng, renting, selling or servicing boats, which may include the following as an aeces~ry use: office for the sale of marine equipment or products, dockside facilities fl~r dispensing of fuel and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons. (6) Mariculture or aquaculture operations or research and development. (7) Boat anti marine engfine repair and sales anti display, yacht brokers or marine insurance brokers. (8) Bui dngs structures anti uses owned or operak, d by the Town of Southoht. school districts, park districks and £ire districts. (9) Retail sale of rental of fishing, diving or bathing supplies and equipment if accessory to a marina or hoa~.y t-d or ship's loft or chandlery. 10088 C § 100-111 (1) (2) ZONING § 100-121 Accessory uses as set forth in and regulated by § 100- 31C(1) through (7) of the Agricultural-Conservation District. and subject to the conditions of § 100-33 thereof. Sic,ms, as set forth in and regulated by § 100-81C(2) of the Limited Business District. § 100-112. Bulk, area and parking re~,mlations. No building shall be used and no building or part thereof sha}l be erected or altered in the MI District unless the same conforms to the Bulk Schedule and Parking and Loading Schedul~ incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in t'ull,z:~ ARTICLE XI124 Marine II (5II1) District [Added 1-10-89 by L.L. No. 1-1989] § 100-120. Purpose. The purpose of the Marine II (MID District\ is to provide a waterfront location for a wide range of water-dependent and water- related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are locak~d on major waterways, open bayfront~s or the Long Island Sound. § 100-121. U~ regulations. In the MII District, no building or premises :shall be used and no building or part of a building shall be erocted or altered which is arranged, intended or designed to be used. in whole or in part, for any uses except the following [one (1) u~ ~r eighty thousand (80,0~) square ~cet of land above mean high water, unless otherwise slmcified ]: 10087 7- 25- ss J MEMBERS ~e Latham. Jr. /G. Ward d L. Edwards one f5[6) 765-[:938 [dEMOR3~:DU~,d TO: FRCM: RE: DATE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~0.0~.1~ Cutchogue Harbor Marina (A/iA Boatman's Her=st) Wes~ Creak Avenue, Cutcnogue SCi.; ~ 1000-110-1-12 OC=c~er 23, 1992 SCOqFF L. HARRIS Supervisor Town Hall. 53095 Main PO. Box 1179 Southold. New York I I Fax f5/6) 765-1823 mn Tuesday, October 6, 1992, this site was insNocted by yourself and Valerie Scepaz. The Planning Board would appr~at~ your review of the following field i. nspecnlon notes: 1. A review of the Building Depar~menE's~ file is needed to confirm if building permits and Health a_eDrovals were issued for the two-car garage with a two story additioq that appears to contain living qua ~ers upstairs at the southernmost portion of the Site. There is a new deck that Connects the new garage and addition with a pre-existing building which contains the office, and packaged snack foods for sale. The steps to thc office lack handrails, as do the steps to the new deck. The deck contains several propane barbcque grills. There are new floating docks adjacent to the bulkhead that have been added since the ~uilding Inspector,s last visit. Dockside water and electric service has been installed the length of the bulkhcadinc. We do not know if Health Department approval has been obtained for the water supply. The northernmont building has been added to, with a garage facing the street. This Work must be compared with tine plan for which a build[ag permit ',vas; isnued ho ensure conformity. o Extensive landscaping, including ~ DE ..... has been added along West Creek Avenue. The lights apDear to have been shielded. However a field inspection at night is needed to determine if the shielding accomplished thc ~taned object!yes. There is a large drainage pipe that appears ~o discharge directly into the marina. We were unable to determine what area the pipe drains. No c~uqh basins could be found in the portion of West Creem Avenue that adjoins this spot. Further investlgat~cn is needed. The existing boat ramp was widened and resurfaced. Use of this ramp necessitates the use or West Cree?~ Avenue for bac:.~ .... =~le~ down the r~m~. The applican% is asking this Board to accemt tn,± r'c'c.zrz' as-built size plan. Your review of same, and your conformance with Code. :;i l"leets' Neck ' Owners Association S0~lHt LO ~, :.,q j . p~NFiING ¢O~~gue Harbor Marrna (formerly Boatman's Harbor Marina} Background The residents and the Fleet's Neck Property Owners Association respect the right of the owners to improve their property. Certainly, we cannot argue the replacement of dangerous bulkheading and walkways, or the replacement of a sanitary system, etc., but, we cannot condone violations of codes and laws that were instituted to protect the rights of the residents of Southold and the protection of our coastal waters. Under various ownerships, marine operations on the marina have existed for decades. Fishing stations, marina designs and operations had been kept within the character of our community and environment. The exception to this was in 1958-61 when the owner, a resident who owned the marina and adjacent property, proposed a "yachtel' {his term). The FNPOA and named residents took the owner and the Town of Southold to court for spot zoning and to keep the marina ti-om commercializing our residential community. After several years, the owner succumbed and withdrew his plan for the use of the marina as a boat resort, and subsequently sold the marina and adiacent residential laud. At some point in time, it was zoned Marine I, but no site plan was ever submitted la survey is on file with the Trustees for a previous owner). It is the consensus by many that it was overlooked, possibly t;zecause the marina was modest in design and intent and predated zoning. Similarly, most improvements predated the SEQR and DEC requirements and fe well within the purpose and use of Manne I zomng code regulations. In August of 1989 a consortimn purchased tim marina, and began major renovations in thc: spring of 1990. Residents began noticing various irregularities in the operation of and renovations to the marina. In July - October 1991, letters from the FNPOA, individual residents, and a petition signed by area residents were submitted to the Board of Trustees, Suffolk County Dept of Health, New York State Dept of Environmental Conservation. Supervisor Hams and the Cutchogue Harbor Marina owners. We claimed that the marina, in 1ts renovatlou efforts, had violated state mid local environmental laws and local zoning la,as. Since that ' ', Ume, the Fleet s Neck Property Owners Association has sought resolution on these issues and others through the marina management and the various Southold Township, Suffolk County and New York State agencies. With the passage of time, it is more difficult to discern what is and what was, as the marina continues renovation, and operation without review and benefit of govermnental approwd and checks in place. Fleet's Neck is an old and established summer and year-round residential commumty. Residents in proximity feel violated by the lack of sensitivity of the marina ~nanagement to activities set forth below. We believe that much of tire confusion is due to the fact that there has been a manua operation at this site and any improvements made over the years were just that--i~nprovements. Most were, iu fact, "in-kind" renovatious, and this concept was extended to the present owners and their renovatious. Since no site plan existed, and in general, the CMH operated ns a marina, the need for close mrutiny was minimized. In realily, the general use has changed and the renovations have significautly nltered the appearance ,'ts well as the operation. This has impacted on tho quality of our life, the value of our properly and has challenged our environment. Currently I. No site plan in place prior to issuance of building permits. Only recently was a site plan provided to the Town. Discrepancies between existing survey and site plan. 2. No SEQR statement requested for any renovations, although marina is clearly iii a critical environmental area. 3. Building permit was granted for an "in-kind" renovation of rcstrornns. Converting the existing rcstrooms and marine repair shop to restrooms--triple is size and content. The addition of a coin-op latmdry facility to the restroom building 4. Marine I zoning code precludes restrooms aud lanndt.w Ihcilities :vithout a pump-om slation 5. Two cesspool nngs were installed within 30 feet of bulkhcadmg without penn, or inspecmm Violation issued Sepwmber 18, 1992 still not resolved. 6. No pump-out facility or [;olding tauks exist. 7. No flesh water ,,veil exists on marina property. All wilier comes/'rom a well in a private residence on West Creek Avenue. Automated underground lawn sprinkler system added. 8. Excessive and intrusive overhead lighting, inappropriate stanchions and ligbting fixtures. Lighm~g is on 365 days until 11 pm or midnight, theoretically for security, yet recently when a boat cnught fire, no marina personnel were on site and the fire was called in by residents. 9. Excessive noise from restroom ventilation system. These exhaust fans are on at inappropriate nme, of year and time of day. For example, mid May at 11 pm on a weekday when no manna personnel or patrons were on site. 10. Question of Southotd Building Department, Board of Trustees or NYS DEC pcnnitf s) to expand the boat ramp in 1992. 11. The advertising and encouragement for transient trade and long-term boat "residences." Most motor yachts never leave their slips. 12. The establishment of a "convenience" stoa selling soda, ice cream, candy, coffee, newspapers. and other food stuffs. 13. [n addition to the allowable single residence, other buildings and extensions are used as part-rune residences ,'md "clubhouse" for marina pnnciples and guests. 14. Marinas being typically wet businesses, residents are concerned that the excessive use ot potable waicr for boat washing, restrooms, laundry, landscaping maintenance, manna resideuccs and businesses will place an undo demand on our historically precarious residential water sup~y. 15. There is a general concern for the quality of the waters and wetlands of Wickham Creek. Where oncewe once swam, fished and clalnmed, we no longer can. 16. We question whether East End Diesel can couduct an mdependent bnsiness along w~th fl~e manna business as provided uudcr Marine I zoniug. 17. It appears Ilo policies are requested of ~narma or gas patrous for speeding rand or waterways;, emptying bilge on West Creek Avenue from ramp egress, garbage disposal or patron conduct. Indeed, it bas been a long uphill quest, and l, for one, look lb~xvard lo the day when we c:m again peacefully coexist. storage ou~oor / wet / dry, gas fuel, repairs, show- ers, picnic area, clubhouse, marine store, ramps, pump-out station, ice. CUTCHOGUE HARBOR MARINA, West Creek Avenue, Cutchogue; 734-6993. Season: Year- round. Facilities: 120 slips (transient slips avail- able); storage indoor / outdoor / wet / dry,; repairs, marine store, fuel, showers, laundry, phone hook- ups. EAST CREEK MARINA OF JAMES- PORT, Town Beach Road, South Jamespork 7224842. Season: Year-round. Facilities: 87 shps (10 tran- sient); storage outdoor / wet / dry; some repairs, fuel, marine store, showers, bait/tackle, snacks, tennis. GREAT PECONIC BAY MARINA, Washing- ton Avenue, South Jamespon; 722-3565. Season: Tues- day-Sunday year-round. Facilities: 210 slips (tran- sient available); storage indoor / outdoor / wet / dry; repairs, marine store, fuel, showers, ice, beach. PECONIC RIVER YACHT BASIN, 469 E. Main St., Riverhead; 727-8386. Season: Year-round. Fa- cilities: 137 slips (10 transient); storage outdoor/ wet / dry; repairs, gas fuel, pump-out station, show- ers, ice, laundry, pool. SOUTH FORK MONTAUK. The natian'~ premier sport-fishing center, Mantauk sits at the end of a 40-mile penin. sula thrusting deep into the Atlantk:, where the lik~ of marlin, shark and tuna play. tn the shadow of the 197fleer-old Montauk Lighthouse, Meatauk CAPTAIN'S COVE MARINA,, 157 W. I~ke Dr., Montauk; 668-5995. Season: Year-round. Facilities: 90 slips (10 transient), winter storage wet/dry/out- door, repairs, marine store, fuel, showers, ice, bait, tackle, outdoor bar. GONE FISHING MARINA, East Lake Drive, Mon- tauk; 668-3232. Season: Year-round. Facilities: 180 slips (30 transient); storage outdoor / ch-y; pa~ciai re- pairs, marine store, fuel, pump-out station, ramp, showers, ice, grocery', bail MONTAUK MARINE BASIN, West Lake Drive, Montauk; (800) 244-7?55 or 66&SgO0. Season: Year- round. Facilities: 150 slips (50 transient); storage indoor / outdoor / wet / cby, repairs, marine store, fuel, showers, ice, laundry, grocery, bait, tackle. MONTAUK YACHT CLUB RESORT MA. RINA, Star Island Road, Montauk; 668-3100, ext. 197. Season: May 15-Oct. 15. Facilities: 230 slips (150 transient); showers, 3 pools, tennis, saunas, work- out room, volleyball, playground, 2 restaurants, ice, paddleboats, water tricycle. SNUG HARBOR MOTEL AND MARINA, West Lake Drive, Montauk; 668-2860. Season: April 15- Nov. 15. Facilities: 80 slips (25 transient); electric/ cable TV, showers, ice, laundry, volleybaU, shuffle- board, motel (March-December), pool, playground. STAR ISLAND YACHT CLUB, Star Island Road, Montauk; 668-5052. Season: Year-round. FacilJ. ties: 150 slips (100 transient); storage outdoor/ wet / dry; electric / water / cable TV, repairs, marine store, fuel, showers, ice, laundry, grocery, bait, res- taurant / bar, pool, picnic area. WESTLAKE FISHING LODGE AND MA- RINA, West Lake Drive, Moutauk; 668-5600. Season: March 15-Dec. 15. Facilities: 99 shps (20 transient); storage outdoor/dry; parHal r~pairz, mechanic op area, restaurant / bar. SAG NARROR. One of Long Island's most his- toric villages, Sag Harbor wa~ a major ISth Century whaling par: that retains much of its charm today whaling mumeum recounts the history; a d~zen a rinse continue the boating tradition. BARON'S COVE MARINA, West Water Str; Sag Harbor; 725-3939. Season: April 1f-Nov. 1. Fac ties: 84 slips (42 transient), pump-out station, f, showers, ice, laundry, propane grills, pool (fee), ble TV, marine store. MIU. CREEK MARINA, 3253 Noyac Rd., Sag I bar; 725-1351. Season: Year-round. Facilities: slips (4 transient); storage outdoor / wet / dry; sN ers, repairs, ice, gas fuel, restaurant / bar, snack SAG HARBOR MUNICIPAL DOCK, en~ Main Street, Sag Harbor; 725-2368. Season: April 31. Facilities: 107 slips (30 transient), 130 moorir pump-out station, showers, restrooms. Discounts Sag Harbor residents. SNIP ASNORE MARINA, 30 Redwood Bd., Harbor; 725-3755 Season: Year-round. f:ocilitlas: slips (no transient); storage indoor/outdoor/, gas, partial repairs, maclne store, showers. WHAL£R'S MARINA, West Water Street, Sag, bar, 725-1605. Season: May 1-Nov. 1. Facilities: slips (transient if available), showers, laundry, m TV, phone service, marine store, restaurant, pi, area, pool. SHINNBCOCK BAY. Stretching eight m between Quogue on tM west and Southamptov the east, this bay serves some of the best.kin Island resort communities and ie protected by a long barrier beach pierced by Shinnecask Inlet. NAMPTON HARBOR MARINA, Newt Road Hamotoa Bags' ~28-8200. 5easoa: Year-rm Foci)itias: 100 slips (20 transient); storage ind( outdoor / wet / dry; repairs, fuel, marine st, showers, ice, bait. JACKSON'S MARINA, 6 Tepee St.. Ham. BOATER: Bill Penny HOMETOWN: Southold BILL PENNEY AND WIFE ROBIN SKILL: Deep-Water Cruising BY JULIE SAMPSON here is a certain mystique about boating t hat has attrae ted B ill Penney to the sp orr for the last 30 years. It's the friendliness of every boater he meets on the water that keeps his interest. "In today's society it's rush, rush, rush," he says. "But when you get out on the water it's so relaxing and there's no noise. The thing I like best is that the guy who won't give you the time of day on land is the nicest and friendliest person when he's boating." His passion for boats started when he was 8 with his family's ll-fuot bottom skimmer. He is now up to a 33-fuot Cruisers and a 17-fant Boston Whaler. Penney, who runs a detailing business in South- old, does most of hls recreatianal cruisingin summar with his wife, two daughters, two pandlas and furs of friends. They go to Block Island, Newport, up the Connecticut River and all over Long Island. "As a rule of thumb, if you think you ADVICE: need to take a course, take one. You really can't hop on a boat and just go. You have to practice maneuver. lng a boat because each one handles differently. "Maintenance is very important. You should al- ways do a visual of your boat before you even start the engine. Equipment should include a VHF radio in case you have to call for help or get a weather report. A radar is good for when it fogs over. l use a Loran (radio navigation device) and a radar. "Any time you take a trip you should know how long it takes to get there and figure how much gas your boat burns. You don't want to drag extra fuel because it cuts down on your boat's efficiency. "There's really no excuse to hit foul weather. You can get accurate weather reports on the seas three days in advance so you can plan when to go. Then call ahead to the port of destination to let them know your estimated time of arrival. "If you run into tough winds and high waves, make sure everyone has }ifejackets on, and basically you've got to hold on. If it gets really bad, go to the closest porL" FAVORITE LOCATION: "We like to go to West Neck on Shelter Island quite a bit." ~ PLANNING BOARD MEMBERS Richard G. Ward, Chairman George RJtchie Latham, Jr. . Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Soutnold, New Yor~ 11971 Fax f516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 1994 Lawrence L. Williams Oatchogue Harbor Marina West Creek Avenue Cutchogue NY 11935 RE: Site Plan for Cutchogue Harbor Marina, West Creek Avenue, Cutchogue Zoning District: Marine I SC~ lO00-iiO-l-i2 Dear Mr. Williams: The Planning Board has received your letter of May 16, 1994, regarding the Board's request of April 27, 1994, for additional information on the plan received by the Board on April 4, 1994. The Board requests that parking calculations be shown on the plan, in addition to details such as length of pole and wattage. and parking spaces of the lighting, ~f you have any questions, or require further information, please contact this office. Site 'Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge ~ERTY C FLEET~ ~ECK ;SOCIATION , INC,, ~4 CUTCHOGUE , N.Y., 11935 /5' / To: chard G. Ward, Chairman anning Board wn of Southold From Thomas Wetzel, President ~ ' Fleet's Neck Property Assoc. Inc. Cutchogue Auqu~;~ I2, 1994 Re.: Jtchogue Harbor Marina ;CTM. 110-1-10 A re',/i ~w of the documents held by the F]eet's Neck Property Assoc] ~tion Znc., with reference to the Cutcho,gue Harbor Marina, indicates no resolution of the suggested compliance memo d]ted December 29, 1993 from dohn Bredemeyer to the Southold Trustees and Legal Department. This situation is subsl:a~tiated by a memo dated June 30, 1994 from Albert Kr'upsk~. President of the Board of Trustees to Richard Ward, Chairman of the Ptanning Board. As a rapresentative of a large group of F]eet's Neck reslde~ts: ~here is the Town Planning Board on th~s matter? ~here is the Legal Department on this matter? ~hy was a new permit for new construction issued by the Eoard of Trustees, when question stil] exists o~ [rev~ous work completed? We recuest a meeting with Mr. Ward, Chairman of the Planning Board, and the town attorney Laury Dowd to discuss the suggested possible illegal changes at the Marina and the Marin~'s future adherence to the newly issued permit, cc: Laury Dowd, Town Attorney ~om Wickham, Town Supervisor 3350 We, st Creek Avenue 5~6-734-6993 Cutchogue, N.Y. 11935 May 16, 1994 Planning Board office Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Attn: Mr. Robert G. Kassner Site Plan Reviewer Re: Site Plan for Cutchogue Harbor Marina, West Creet Ave., Cutchogue, Zoning District: Marine I, SCTM# 1000-110-1-12 Gentlemen: This is to confirm that on May 5, 1994, our representative, Mr. Phil Wanat, met with you to review our file to insure that it contained all of the information requested in your letter dated April 27, 1994. After review of the file, it was mutually agreed that all the information needed was present in the files on that date. If you have any questions please call. Thank you very much. Very truly yours, CUTCHOGUE HARBOR MARINA Larry williams Treasurer LW: sa LTR0 8 3. TXT SOUTHOLD IOV~N P[ANfllN6 BOARD EASTERN LONG ISLAND, A BOATING PARADISE 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. Box1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 27~ 1994 Lawrence L. Williams Cutchogue Harbor Marina West Creek Avenue Cutchogue NY 11935 RE: Site Plan for Cutchogue Harbor Marina, West Creek Avenue, Cutchogue Zoning District: Marine I (MI) SCTM9 1000-110-1-12 Dear Mr. Williams: The Planning Board had sent you a letter on February 2, 1994, requesting a plan showing the condition of the marina before phase 1, work performed in phase 1 and work proposed for phase The plan received by the Board on April 4, 1994, does not show the requested information. Please prepare a plan for the Board's review showing the requested information. If you have any questions, or require f~lrther information, please contact this office. Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge 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, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Albert J. Krupski, Jr., President, Town Trustees Richard G. Ward, Chairman ~/~ Cutchogue Harbor Marina West Creek Drive, Cutchogue SCTM~ 1000-110-1-12 April 27, 1994 The Planning Board would like to inform you of the status of the above referenced project in advance of your public meeting. The Board in its letter to Mr. williams of February 2, 1994, (copy attached), requested a plan showing work performed in phase 1 and work proposed for phase 2. The plan that was received by this Board on April 14, 1994, does not clearly show the condition before phase 1 and the proposed phase 2 work. The Board is unable to make a recommendation to the Senior Building Inspector In Charge regarding the requirement for a site plan as we cannot determine the improvements made and proposed. Also attached is a memorandum from the Planning Board te the Principal Building Inspector detailing the findings of a field visit conducted by the Building Department and the Planning Board. Mr. Williams has been notified on this date that the plan submitted on April 4, 1994, is not responsive to our letter of February 2, 1994. It does not show improvements made in phase 1 and those proposed for phase 2. It is unclear what improvements to the marina have been made and proposed. cc: Thomas Fisher, Senior Building Inspector In Charge PL. AN~ING BOAteD ME?,II3ERS Telephone (516] 765-1938 SCOTT L. HAP,~S Towr, Hall. 53095 Main Road Southold. New York 11971 Fax {516} 768 - 1823 February 2, 1994 Lawrence L. Williams Cutchogue Harbor Marina West Creek Avenue Cutchogue NY 11935 RE: Site Plan for Cutchogue Harbor Marina, West Creek Avenue, Cutchogue Zoning District: Marine I (M~) SCTM~ 1000-110-1-1~ Dear Mr. Williams: The Planning Board has received notification from the Army Corps of Engineers of your phase II planned marina renovation and expansion. The planning Board had requested and received from you on April 16, 1993, an "as built" plan of the phase I improvements dated April 12, 1993. Please indicate on this plan all work that was done in phase I, and all work planned ~or the phase II renovation and expansion. The Board will then send a recommendation to the buildino Department concerning the requirement for a site plan. Thc Building Department will then determine if a site plan is required for the expansion. 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. Box1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 April 27, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Lawrence L. Williams Cutchogue Harbor Marina West Creek Avenue Cutchogue NY 11935 RE: Site Plan for Cutchogue Harbor Marina, West Creek Avenue, Cutchogue Zoning District: Marine I (MI) SCTM~ 1000-110-1-12 Dear Mr. Williams: The Planning Board had sent you a letter on February 2, 1994, requesting a plan showing the condition of the marina before phase 1, work performed in phase 1 and work proposed for phase 2. The plan received by the Board on April 4, 1994, does not show the requested information. Please prepare a plan for the Board's review showing the requested information. If you have any questions, or require further information, please contact this office. Sincerely, Robe G. Kassner Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge 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 TO: FROM: SUBJECT: L~uzy Dowd, Town Attorney Thomas Fisher, Senior Building Inspector Albert J. Krupski, Jr. , President, Board of Trustees Valerie Scopaz, Senior Planner Robert G. Kassner, Site Plan Reviewer ~ Meeting with Fleets Neck Association regarding Cutchogue Harbor Marina DATE: August 25, 1994 The attached letter from Thomas Wetzel, President of the Fleets Neck Association requests a meeting with the Town to discuss possible illegal changes at the above mentioned marina. A meeting has been planned for Monday August 29, 1994, at. 4:30 PM in the main meeting room at town Hall. Please call me (ext. 243) if you are unable to attend. Fleet's Neck Property Owners Association July 11, 1994 Cutchogue Harbor Marina (formerly Boatman's Harbor Marina} Background The residents and the Fleet' s Neck Property Owners Association respect the fight of the owners to improve their property. Certainly, we cannot argue the replacement of dangerous bulkheading and walkways, or the replacement of a sanitary system, etc., but, we cannot condone violations of codes and laws that were institnted to protect the fights of the residents of Southold and the protection of our coastal waters. Under various ownerships, marine operations on the marina have existed for decades. Fishing stations, manna designs and operations had been kept within the character of our community and environment. The exception to this was in 1958-61 when the owner, a resident who owned the marina and adjacent property, proposed a "yachtel' (his term). The FNPOA and named residents took the owner and the q~own of Southold to court for spot zoning and to keep the marina from commercializing our residential community. After several years, the owner succumbed and withdrew his plan for the use of the marina as a boat resort, and subsequently sold the marina and adjacent residential land. At some point in time, it was zoned Marine 1, but no site plan was ever submitted (a survey is on file with the Trustees for a previous owner). It is the consensus by many that it was overlooked, possibly because the marina was modest in design and intent and predated zoning. Similarly, most improvements predated the SEQR and DEC requirements and fell well within the purpose and use of Marine I zoning code regulations. lu August of 1989 a consortium purchased the marina, and began major renovatious in the spring of 1990. Residents began noticing various irregularities in the operation of and renovations to the marina. In July - October 1991. letters from the FNPOA, individual residents, and a petition signed by area residents were submitted to the Board of Trustees, Suffolk County Dept of Health, New York State Dept of Environmental Conservation. Supervisor Harris and the Cutchogue Harbor Marina owners. We claimed that the marina, in its renovation efforts, had violated state and local environmental laws and local zoning laws~ Since that rune, the Fleet's Neck Property Owners Association has sought resolution on these issues and others through the marina management and the various Southold Township, Suffolk County and New York State agencies. With the passage of time, it is more difficult to discern what is and what was, as the marina continues renovation, and operation without review and benefit of governmental approval and checlcs in place. Fleet's Neck is an old and established summer and year-round residential community. Residents in proximity feel violated by the lack of sensitivity of the marina management to activities set forth below. We believe that much of the confusion is due to the fact that there has been a marina operation at this site and any improvements made over the years were just that-improvements. Most were, in fact, "in-kind" renovations~ and this concept was extended to the present owners and their renovatious. Since no site plan existed, and in general, the CMH operated as a marina, the need for close ~mtiny was minimized. In reality, the general use has changed and the renovations have significantly altered thc appearance a,s well as the operation. This hns impacted on the quality of our life, the value of our property and has challenged our environment. Currently l. No site plan in place prior to issuance of building permits. Only recently was a site plan provided to the Town. Discrepancies between existing survey and site plan. 2. No SEQR statement requested for any renovations, although marina is clearly in a critical euvironmental area .... 3. Building permit was granted for an "in-kind" renovation of restrooms. Converting the exxstmg restrooms and marine repair shop to restrooms-triple is size and content. The addition of a coin-op laundry facility to the restroom building 4. Marine 1 zoning code precludes restrooms and laundry facilities without a pump-oul station. 5. Two cesspool rings were installed within 30 feet of bulkheading without permit or inspection. Violation issued September 18, 1992 still not resolved. 6. NtT pump-out facility or holding tanks exist. 7. No tYesh water well exists on marina property. All water comes from a well in a private residence on West Creek Avenue. Automated underground lawn sprinkler system added. 8. Excessive and intrusive overhead lighting, inappropriate stanchions and lighting fixtures. Lighting is on 365 days until I lpm or midnight, theoretically for security, yet recently when a boat caught fire, no marina personnel were on site and the fire was called in by residents. 9. Excessive noise t¥om restroom ventilation system. These exhaust fans are on at inappropriate times of year and time of day. For example, mid May at 11 pm on a weekday when no marina pe~onnel or patrons were on site. 10. Queslion of Southold Building Department, Board of Trustees or NYS DEC permiu s) to expand the boat ramp in 1992. I t. The advertising and encouragement for transient trade and long-term boat "residences." Most motor yachts never leave their slips. 12. The establishment of a "convenience" store selling soda, ice cream candy, coffee, newspapers, and other food stuffs. 13. In addition to the allowable single residence, other buildings and extensions are used as part-time resTdences and clubhouse for marina pnnc~ple~ and guests. t4. Mariaas being typically wet businesses, residents are concerned that the excessive use of potable water for boat washing, restrooms, laundry, landscaping maintenance, marina residences and businesses will place an undo demand on our historically precarious residential water supply. 15. There is a general concern for the quality of the waters and wetlands of Wickham Creek. Where oncewe once swam. fished alld clammed, we no longer can. 16. We question whether East End Diesel can conduct an independent business along with the marina business as provided under Marine I zoning. 17. It appears no policies are requested of marina or gas patrons for speeding (land or waterways), emptying bilge on West Creek Avenue from ramp egress, garbage disposal or patron conduct. Indeed, it has been a long uphill quest, and I, for one, look lbrward to the day when we can again peacefully coexist. Cutchogue Harbor Marina 3350 West Creek Ave. Cutchogue, NY 11935 Approved by the Board of Trustees April 28, 1994 RESOLVED that the Board of Trustees approves the application of Philip Wanat on behalf of CUTCHOGUEHAR~ORMAi~INA to remove existing fixed and floating piers and 102 piles and replace with a 4' wide float constructed along the entire perLmeter of an existing bulkhead, 30 4' wide finger floats, a 5' wide "L" shaped float and a 5' wide 90' long main float. Also install 34 mooring piles, 4 4' wide ramps' and 4 8' wide landing floats. All finger floats will be secured to at least one pile.' All work shall be done in accordance with the survey dated April 8~ 1994 and the following conditions: 1. Installation of a pump-out facility to collect and properly dispose of vessel sewage; 2. Erection of a 2' X3' sign prominently displayed at the fuel dock which reads, KEEP OUR WA'r~S CLEAN, PLEASE MAKE USE OF Tm PUMP-OUT FACILITY PROVIDED FOR THE COLLECTION OF VESSEL SEWAGE. T~E MANAGEMEbUf. 3. The applicant shall maintain a monthly log of p~np-outs specifying the following: Name of vessel, vessel registration, date, gallons collected and means of disposal. The applicant shall submit a copy of the log to the Trustees annually after the boating season by December 31. 4. The applicant shall notify the {trustees upon completion of said project. 5. The applicant shall remit to the Trustees a fee of $427.50 covering the processing costs and two future field inspections for permit compliance. 6. The applicant shall submit to a dye test at the Trustees desgression and the Health Departments convenience this Summer and annually. 7. There shall be no expansion of 'turf areas or water usage. 8. "Y" valves be sealed for overnight subject to Bay Constables inspection. 9. Signage for users to use water sparingly shall be posted around the yard. 10.. A copy of the bill of sale for the clay pellets of installation of same. and proof ALL AYES. Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 May 6, 1994 Cutchogue Harbor Marina, Inc. l UJF-- !il Cutchogue, NY 11935 Re: Cutchogue Harbor Marina, Inc. SCTM ~1000-110-1-12 Dear Mr. Wanat: The following action was taken by the Board of Town Trustees during its regular meeting held on April 28, 1994 regarding the above matter: WHEREAS, Philip Wanat on behalf of Cutchogue Harbor Marina applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 16, 1993 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 April 28, 1994 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 the Board of Trustees approves the application of Philip Wanat on behalf of CUTCHOGUE HARBOR MARINA to remove existing fixed and floating piers and 102 piles and replace with a 4' wide float constructed along the entire perimeter of an existing bulkhead, 30 4' wide finger floats, a 5' wide "L" shaped float and a 5' wide 90' long main float. Also install 34 mooring piles, 4 4' wide ramps- and 4 8' wide landing floats. All finger floats will be secured to at least one pile. All work shall be done in accordance with the survey dated April 8, 1994 and the following conditions: 1. Installation of a pump-out facility to collect and properly dispose of vessel sewage; 2. Erection of a 2' X3' sign prominently displayed at the fuel dock which reads, KEEP OUR WATERS CLEAN, PLEASE MAKE USE OF THE PUMP-OUT FACILITY PROVIDED FOR THE COLLECTION OF VESSEL SEWAGE. THE MANAGEMENT. 3. The applicant shall maintain a monthly log of pump-outs specifying the following: Name of vessel, vessel registration, date, gallons collected and means of disposal. The applicant shall submit a copy of the log to the Trustees annually after the boating season by December 31. 4. The applicant shall notify the {trustees upon completion of said project. 5. The applicant shall remit to the Trustees a fee of $427.50 covering the processing costs and two future field inspections for permit compliance. 6. The applicant shall submit to a dye test at the Trustees desgression and the Health Departments convenience this Summer and annually. 7. There shall be no expansion of turf areas or water usage. 8. "Y" valves be sealed for overnight subject to Bay Constables inspection. 9. Signage for users to use water sparingly shall be posted around the yard. 10. A copy of the bill of sale for the clay pellets and proof of installation of same. Permit will expire two years from the date it is signed. Two inspections are required and the Trustees are to be notified upon completion of said project. Very truly yours, President, Board of Trustee AJK:jd cc: CAC 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. Box1179 Southold, NewYork 11.97! Fax (516} 765-3136 Telephone (516) 765-1938 July 11, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Lawrence L. Williams Cutchogue Harbor Marina West Creek Avenue Cutchogue NY 11935 RE: Site Plan for Cutchogue Harbor Marina, West Creek Avenue, Cutchogue Zoning District: Marine I SCTM~ 1000-110-1-12 Dear Mr. Williams: The Planning Board has received your letter of May 16, 1994, regarding the Board's request of April 27, 1994, for additional information on the plan received by the Board on April 4, 1994. The Board requests that parking ealcnlations and parking spaces be shown on the plan, in addition to details of the lighting, such as length of pole and wattage. If you have any questions, or require further information, please contact this office. /S'in~ ye ly, / ,Rdb~r.( G. Kassner Site 'Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge Albert J. Krupski, President John Holzaptbl, Vice President William G. Albertson Martin H. Garrell Peter Wenczcl BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 53095 Main Road P.O. Box 1179 Southold. New York 11971 Telephone (516) 765-1892 IXax (516) 765-1823 TO: FROM: DATE: RE: Richard G. Ward, Chairman Planning Board Albert J. Krupski, Presidentt~;~' Board of Trustees ,- June 30, 1994 Cutchogue Harbor Marina SCTM #110-1-10 Recently the Southold Town Board of Trustees approved a permit for marina reconfiguration of Cutchogue Harbor Marina. Some of the recommendations on the "secrete memo" were placed on their permit as conditions. The Southold Town Board of Trustees feels that the Planning Board should look into any areas of possible illegal expansion of the septic system and areas outside the jurisdiction of the Trustees contained in the letter, such as public laundry facilities. 516 734-6993 3350 West Creek Avenue Town of Southold August 19, 1994Cutchogue, N.Y. 11935 Planning Board Office Town Hall 53095 Main Road Southold, NY 11971 Re: Cutchogue Harbor Marina Gentlemen: In response to your letter dated July 11, 1994, copy enclosed, regarding additional information for our wetlands permit SCTM #1000-110-1-12. This permit is to reconstruct existing fixed and floating docks, and to add additional floating docks to the marina. The present configuration of the marina provides for 120 slips and when the work is completed we will have 115 slips, for a total reduction of five (5) slips. This reduction in slips will result in additional parking spaces for our customers. We have had ample on- site parking while operating at 120 slips, and therefore do not understand the request to indicate parking calculation and spaces on the site plan. The lighting stanchions shown on the drawings are existing 18' metal poles, equipped with 100 watt ballasted fixtures, on the roadway side of the property, and 150 watt ballasted fixtures on the property. All of the lighting on the property has been reviewed and approved by the Building Department and we have no plans to increase the amount or level of site lighting. If you have any questions please contact me at Cutchogue Harbor Marina (516) 734-6993. Thank you very much. LW: sa LTR087. TXT Very truly yours, CUTCHOGUE H~RBOR MARINA EASTERN LONG ISLAND, A BOATING PARADISE Larry Williams Treasurer ,IBERS ,': ] Jr. i< ~ 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Rc P.O. Box 1179 Soulhold, New York 1197 Fax (516) 765-1823 Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~P.~'I[~ Cutchogue Harbor Marina (AK~A Boatman's Harbcr) West Creek Avenue, Cutchogue SC~,i ~ 1000-110-1-12 OChober 23, 1992 :!, hlesdav, October 6, 1992, this site was inspected by imd V~lerie Scopaz. The Planning Board would ~' your review of the following field inspection notes: A review of the Building Department's file is needed to confirm if building permits and Health approvals were issued for the two-car garage with a two story addition that appears to contain living quarters upstairs at the southernmost portion of the site. Phere is a new deck that connects the new garage and ~ddition with a pre-existing building which Contains ~hc office, and Nackaged snack foods for sale. The ~teps to the office lack handrails, as do the Steps to '~he new deck. The deck contains several propane ]~arbeque grills. ']here are new floatin~ docks adjacent to the bulkh that have been added oince the Building insmector,~ad last visit. Dockside water and electric service has ::eon installed the length of the bulkheading. We do ']~t know if Health Department approval has been ostained for the water supply. ?~e northernmost building has been added to, with a l trage facing the street. This work must be Compared ~ th the plan for which a building Detroit was issued 5. Extonsive landscaping, including street trees, has been added along West Creek Avenue. 6. The lights appear to have been shielded. However a field inspection at night is needed to determine if the shielding accomplished the stated objectives. 7. There is a large drainage pipe that appears to discharge directly into the marina. We were unable to determine what area the pipe drains. No catch basins could be found in the portion of West Creek Avenue that adjoins this spot. Further investigation is needed. 8. The existing boat ramp was widened and resu~faced. Use of this ramp necessitates the use of West Creek Avenue for backing trailers down the ramp. The applicant is asking this Board to accept the enclosed as-built site plan. Your review of same, and your re~om~mendaticns are being sought as to whether the site is in conformance with Code. SUBMISSION WITHOUT COVER LETTER SENDER: ~ SUSJECT: SCTM#: !!<~-- COMMENTS PLANNING BOARD MEMBERS Richard G. Ward. Chaimrum George Rltchle La[ham. Jr. 13enneCt Orlowskl, Jr. Mark S. McDonald Kenneth L. Edwards Telephone [516] 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supen~sor Town Hall. 53095 Maln Road P. O. Box 1179 Smlthold. New York 11971 Fax (516) 765 - 1823 February 2, 1994 Lawrence L. Williams Cutchogue Harbor Marina West Creek Avenue Cutchogue NY 11935 RE: Site Plan for Cutchogue Harbor Marina, West Creek Avenue, Cutchogue Zoning District: Marine I (MI) SCTM% 1000-110-1-12 Dear Mr. Williams: The Planning Board has received notification from the Army Corps of Engineers of your phase II planned marina renovation and expansion. The planning Board had requested and received from you on April 16, 1993, an "as built" plan of the phase I improvements dated April 12, 1993. Please indicate on this plan all work that was done in phase I, and all work planned for the phase II renovation and expansion. The Board will then send a recommendation to the building Department concerning the requirement for a site plan. The Building Department will then determine if a site plan is required for the expansion. If you have any questions, or require further information, please contact this office. Sln/~c r~ly, · / ~ ~O%-~ r~t~ ~. Kassner Site Plan Reviewer cc: Thomas Fisher, Building Inspector In Charge Albert Krupski, President Board of Trustees Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel CERTIFIED MAIL January 28, 1994 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall / !gr._ 53095 Main Road" P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Mr. Wanat & Mr. Williams C/O Cutchogue Harbcr Marina West Creek Drive Cutchogue, NY 11935 RE: SCTM %110-1-12 Dear Mr. Wanat & Mr. Williams: At the recent worksession of the meeting of the Southold Town Board of Trustees, a number of issues concerning the problems of your facility were discussed. One issued is the verification of structures as they currently exist in the marina. Over the past four years conflicting surveys have been submitted by the Marina. Please submit a survey of all bulkhead, piers, catwalks, floats, spiles and any other marina structures including the total number of boat slips. We will verify this to the Boards satisfaction at the owners expense. The Suffolk County Department of Health Services will be notified to preform a dye test to determine the performance of the on site sanitar'! '~ sf-~em. At your agreement this may be done at any time and if necessary, more than once a year. As discussed and agreed upon, any failure of the sanitary system will require complete Suffolk County Department of Health review. Water usage was also an issue discussed. It was agreed upon that the marina secure a copy of the Suffolk County Marina Water Use Guideline and submit this with your application. ~'~ Only when these 3 issues are resolved can we review your application for expansion, since without an accurate survey it is impossible to process. Very truly you~rs, President, Board of Trustees AJK:jmb cc: Planning Board Bldg. Dept. Town Attorney Town Board ZBA DEC Dept. of Health Dept. of Army Fleets Neck POA FLEET'~ECK PROPERTY OWN~~SOCIATION, INC. P.~~54 CUTCHOGUE, N Y ,11935 January 27. 1994 Bob Kassner: Enclosed are copies of letters and support materials in the matter of Cutchogue Harbor Marina. Since June 1991, the FNPOA has pursued what has been construed as questionable renovations and practices. I have sorted the documents by date and have added a "post'em" explaining the intent of each. I do believe that much of the confusion is due to the fact that there has been a marina operation at this site and any improvements made over the years were just that-- improvements. Most were, in fact, "in-kind" renovations, and this concept was extended to the present owners and their renovations. Since no site plan existed, and in general, the CMH operated as a marina, the need for close scrutiny was minimized. In reality, the general use has changed and the renovations have significantly altered the appearance as well as the operation. This has impacted on the quality of our life, the value of our property and has challenged our environment. I want to be clear in that the residents and the Fleet's Neck Property Owners Association respect the right of the owners to improve their property. Certainly, we cannot argue the replacement of dangerous bulkheading and walkways, or the replacement of a sanitary system, etc., but, we cannot condone violations of codes and laws that were instituted to protect the rights of the residents of Southold and the protection of our coastal waters. Indeed. it has been a long uphill quest, and I, for one, look forward to the day when we can again peacefully coexist. Please call on me if I can provide any additional information Thanks for your efforts. Mary Ar~e Huntington History: For more than seventy five years there has been a marine operation on Wickham's Creek on West Creek Avennc and West Road, Cnlchogue. These marirtc operations, under varions ()wnerships, have peacefnlly coexisted with the residences of Fleet's Neck, and iu particular the residences adjacent the property on West Creek Avenne and West Road. Fishing stations and docks gave rise to marinas. Marina design nnd operation had been kept within thc character of the community and environment-- an old. quiet, established com~nunity of moderate to expensive summer ~md ycar-ronnd homes located along environmentally-protected wetlands. Many Fleet's Neck residents keep or have kept their boats at these marinas and appreciate the proximity of our boats to our homes. For decadcs maay of us swam. fished and cla~nmed in Wickham's Creek--e~lioying thc creek and wetlands. During these sevcuty five years, many owners have made significant improvements t(~ thc mariua, bul always iu keeping with the character of thc neighborhood. The exception to this was in 1958-1961 when thc Floor's Neck Property Owners Association and named individuals lodged a suit against thc owner and Southold Township against l'urther development of the marina and adjoining residential property as a "yachtel" (their term). Part of the argument then, much like today, was that our old and established residential area conld not sustain the demands of development. There arc conllicting reports of the settlement of this case. however a "yachtel" never reached tYuition. At some point m time. thc marina was zoned Marine I, bnt no site plan was cvcr snbmitted. It is thc consensus of residents that it was overlooked, possibly because there was never a need as the marina was modest m design and intent. Similarly, most improvements predated the SEQR reqnirements and l'cll well within the purpose and use of Marine I requirements. The exception to this was the aforememioned "yachtel" and the continued use of a residential well when the marina well was affccled by salt water intrusion. In Angus! o1' 1989 a consortium purchased the marina, renamed it "Cutchogne Harbor Marina," and began mi~.}or rcnovalions in the spring of 1990. Residents began noticing vanous irregularities in thc operalion of and renovations to the marina and in July 1991, residents and the Fleet's Neck Property Owners Association began making inquiries to the Board of Trustees, Suffolk County Department of Health. New York State Department of Evironmental Conservation Supervisor Harri~ and thc CHIchogue Harbor Marina owners and manager. ECK PROPERTY (~ ~SOCIATION , INC. ;54 CUTCHOGUE, N.Y., 11935 COPY July 11, 1991 To the Owners and Managers of the Cutchogue Harbor Marina: For more than fifty years there has been a marina-type operation on Wickham's Creek on West Creek Avenue and West Road, Cutchogue. These "marinas", under various ownerships, have peacefully coexisted with the residences of Fleet's Neck, and in particular the residences adjacent the marina on West Creek Avenue and West Road. They.have kept their design and operation within the character of the community and environment--an old, quiet, established community of moderate to expensive summer and year-round homes located along environmentally-protected wetlands. Many Fleet's Neck residents keep or have kept their boats at these marinas and appreciate the proximity of our boats to our homes. For many years many of us swam, fished and clammed in Wickham's Creek-- enjoying the creek and wetlands. The management of the marinas have cooperated with the residents in keeping nuisances to a minimum, providing personnel and altering situations so as not to offend residents while protecting their investments. We recognize and appreciate your right to improve your facilities, but we seriously question the impact of some of the current "enhancements" and "renovations" to the Cutchogue Harbor Marina on the environment and the existing character of the community. Cited below are some points which we would like to see addressed: Security: h The area floodlights are far too bright and are not well directed. Glare from these lights in our homes is inWasive and we are also concerned about their effect on the nocturnal wildlife on our adjoining wetlands. 2. A burglar alarm system may be advantageous, but only if there is person in close proximity to respond in a timely manner to its alarm, or a reset feature incorporated. 3. Security measures that are controlled by timers and affected by dips or surges in power are ineffective--turning lights and fans on at inappropriate times of day and night. 4. It would appear mom efficient and effective and less intrusive to employ a person to assure the security and that lights and fans are appropriately on/off, than support the number of floodlights, alarms, timers and other "high-tech" sources currently in use. 5. The proposed chain-link fencing would be a visual eyesore in the midst of our quaint, residential area. Noise 1. Pollution: Recognizing that them is a need for ventilation in the restrooms, we maintain that the current exhaust fans are needlessly excessive. Not only are they excessively loud, but being on a humidistat and the erratic timer they are often on at totally inappropriate times of day. Frequently they are on very early in the morning and ver~ late at night. Many times they were on all night, and on occasion they were on several days continually. Excessive noise from parties, boats, vehicles, radios, alarms, loudspeakers, etc. should be monitored. Since the Marina encourages overnight transient accommodations and permits boat "residences", efforts should be made limit hours of parties and excess "social" noise. Except in cases of emergencies, hours of marine operation (and construction) should be limited to the "work-day." Work vehicles should meet the New York State requirements for exhaust muffler.~;. Cutchogue Harbor Marina Page 2 Water Pollution: 1. An on-site pump-out station for effluent from individual boat heads is essential. 2. Fresh water spigots and.joints are leaking or broken and cannot be turned off completely. 3. There are no existing roles or guidelines for patrons and guests against: a. Intrusion of wetlands with high-power small boats, inflatables and.jet-skis. b. Washing of boats with chlorine bleaches and phosphate detergents. c. Discharging chemical- or fuel-ridden bilge water or engine fluids into the creek. 4. With the addition of laundry facilities and increased restroom facilities and attendant cesspools, there is considerable concern for the quality of our drinking water as well as discharge into the creek. Construction: 1. An absolute nightmare to the residents! Piles of dirt, sand and debris everywhere. Dust from work sites and roads filtering into the houses, cars and boats, smelly spoil~ from dredging, heavy equipment noise, worker's radio noise, interruption of mail and delivery services, visual blight--dumpsters, pilings, uprooted shrubs, fencing, construction equipment, worker's litter, since March! 2. Construction equipment is blocking, by road and water, access to the Town of Southold dock at the end of West Road. 3. The dumpsters are being used as receptacles for public household garbage and trash. The Board of Directors of the Fleet's Neck Property Owner's Association request that our complaints be investigated and that the peaceful, quiet enjoyment of our homes be maintained in keeping with the tranquil, rural character of our neighborhood, and that our environmentally-sensitive wetlands and waterways be protected. We will be happy to meet with the owners and managers in an effort to reach a mutually agreeable resolution to these problems. It is our interest to maintain the "good e~ghbor relanonsh~ps that we have enjoyed in the past. Sincerely, Signature of Bernard Dempsey~ Bernard Dempsey, President Fleet's Neck Property Owners Association COPY renovations to the marina on our n. '_F~ appreciate the owners' right to iR question the effect of increased use of water and disposition of wastewater on our environment and we would like to see the following issues addressed: ~f p©%able Weter 1. The legality of a well located in a private residence on West Creek Avenue supplying potable water to the marina. 2. The water supply in Fleet's Neck is known to be fragile and finite. Several residential wells in the past have had problems and in August 1991, a well on West Road had salt water intrusion. 3. The inordinate demand for potable water for consumpticn, sanitary use, and boat-washing by transient boaters and boaters using motor yachts as summer "residences." 4. The failure of the Harlna management to correct excessively leaking faucets and connections on the north side of the North Basin. 5. A proposed laundry facility which ceuld create a further demand on the already stressed water supply. Wastewater 1. The consequences of the addition of two cesspool rings augmenting the existing ring adjacent to the restrooms and within approximately 30 feet of the existing bulkhead. 2. The impact of increased water use by boaters and mariEa boat "residences" and proposed laundry facilities on the marina sanitation system. 3. The lack of a pump-out facility for individual boat heads. In previous years, many of us swam, fished and clammed in Wickham's Creek. For the past two years it has been closed to Board of Trustees Page 2 September 18, 1991 shellfishing, and there is a noticeable deterioration to the quality of the water. Of even greater concern is what we cannot see. We feel that the quality of both our coastal waters and our potable water is at risk with unchecked use and questionable operations. We request that the Board of Trustees and the Suffolk County Health Department investigate our concerns. Thank you, Residents of Fleet's Neck: Signatures of: Marjorie Penney Dickson Mary Anne Huntington Herbert and Susan Young Walter Dziadowicz Edward and Betty-Jean Hassildine Edward Hassildine III Carol Hebbard Robert and MargaretVanderbeck Robert and Hilda Latham Millard and Jean Pollard Gregg Roberts Myra Case Viola Hofgren Harriet Spellman Warren Sheppard Deborah Doty Christopher and Eileen Karb David and Judy Walsh Larry and Ann DePetris and others September 19, 1991 Mr. John Bredemeyer, III President, Board of Town Trustees Town of Southold P.O. Bo.,: 1179 Southold, NY 11971 Mary Anne Huntington 3175 West Creek Avenue Cutchogue, NY 11935 $16/734-77 50 Dear John: Pursuant to your telephone request, I am submitting the following information to assist ir~t yol~r inquiry of q[.testionable activities of the Cutchogue Harbor Marina. I tn~xt other concerned residents will do likewise. Since I 'keep a boat at the marina, I am privy to informatiot~ about services and it~fi>rmation disseminated to nmrina patrons. Because I live directly across from the marina, I am aware of activities and I watched, with interest, the renovations that could possibly affect my well.-being as well as the value of my home. Last summer (1990) the garage and single restroom~ ~, ere renovated into.tour rooms: a ~;~e~'s room with three units, a similar ladies' room, a utility room with hot water heaters, ere., and a room wtlich was suggested to be the laundry room. Laund[3' facitities were prr,pored concurrent with tt~e inception c!]'the current owners Cee attached letter). Kt~owi~g that last ~s~tmmer they had to pumrt~ out the attet~da~t ce.sxpool at least once, I was extremely curious as to ho,v they would handle tt~e gray water and effiuetlt from the expanded restroo~r~$' and potential lattndry fiJcilities. I was concerned that it would be directed into the creetg and admittedly, I st~ooped, but utlfi)rmnately did not know what I was looking for. I am still t~ot convinced that this is not the case. Early in the spring, 1 saw the enclosed advertiseme~lt in Suffolk Life offering anlotlg r¥her things, laundry fi, eilities. Early .s~mmer (date unknown), I witnessed an excaw~tiot~ in prr,xin~itv to the existing ces~s~ool ring (see diagram) and twc~ cemet~t cesspool ring,s. I did not see the two ri~gs puI in the grou~ld, but th,va resident& Edward tlassildine and P'rt:ttl]~' Zito, saw them itlstalled ~(fter 5:00pm (date unknowtl ) reportedly by or in conjunction with Gree~iport Plumbi~lg. All three rings are within 3O fi~et fi'om the bulkhead.~ In August, I was witness lo effluent coming fronl the grotlnd at the approximate location of the t~ew cesspc>ol rings. It appeared odorless, howe,,er the police responded to neigl~bot:C complaints, arid the source seemingly ascertai~ed by the n~arma massager (ts a broken w'ater tine. 7['lie current manageme~t of the marina is et~eouraging a tratlsietll business--i~ other ~ 'r~r t~, o~,ert~i.qht and extended use r~f boats as "residences. This is of particalar concern as itl 195,~-19e; I let~gth) court proceedings ,a, ere lodged, and ultimately won, by are J reside~tx a.qait~st I,V. [tart~ l.ister, tile Mr. John Bredemeyer Page 2 then owner of the marina, against the further development of the marina and adjoining property ns a "yachtel" (their term). Part of the argument then, much like today, wax that our old and established residential area cannot sustain the demands o. f development, and consequently a large p~,rcentage of residents' rejected the idea r4f'a "yachtel." Of greatest concern now is the demand on out precarious potable water supply. Residents has'e had a history of well disturbances, the lates't being the salt- water intrusion in the Trentalange well on l,l,'est Road. Coincidentally, this same well provided water to the marina during the "Lister years'." I am also troubled by the well the tnarina clain~s to "own" at the residence located between 3015 and 2775 West Creek Avenue which is piped under the road bed to the north end of the marina. No number is' known, but it was the fi~rmer residence oJ Daniel Brautigam which recently changed owners'hip. I believe that inordinate demands'fi)r potable water and subsequent disposal created by increased usage of marina facilities is dangerous to the health and well-being of area residents and a threat to our wetlands, nol to mention the value c!f our property should an irrevocable water crisis arise. IT~e lack c¢'a lmmp-out J&'ility adds' to the fi~ct that no guidelines exist for boaters for washing boats, d~charging bilge or engine flui& and seemingly no attempts have been made to limit the intrusion of wetlands with high-powered boats' and jet-skis by mzJrina patrons. The creek is a roes& and where once 1 ma), have swam in it, now I hose offmy Labrador Retriever for health reasons. Manna patrons were told that the north basin of the marina was to be bulk~eaded in the fall (1991), a Travel boatl![~ added, and the slips reconfigured. Since no attempts to procure the nece,~:sao'permits were made, it leads me to believe they may have said that to assuage the irate feelings af the patrons b~ the north br~vin who feel services were marginally provided, despite massive renovations to the south basin. It appears that the promise of renovations precluded providing trash pick-up, faucet handles. electrical sockets', lights, etc. to patrol,s, myself included, as well as their inattention, since May, to the excessively leaking fresh water system, l¢mporary lights were uttirrmtely provided in July. If they have not acquired the necessary permits, I would be suspect to their future plans. I believe that the marina and resident3' can peacefully coexist if the marina management takes a longer look at the impact to the exis'ting residential area. A meeting on July 30, 1991 requested by area residents with the marina owners and managetx was not particularly.l?uitfid. They have chosen to tgnore the compromises we agreed upon and continue to do business' as usual Residents have coexisted with marine nperations at that site fi)r more than 75 years, and with cooperati6,n will continue lo do so. I hope that our complaints be investigated and that lhe peacefi& quiet enjoyment of our homes be maintained in keeping with the tranquil, n~ral character of'our nei,~qhborhood, and that our environmentalh,-sensitive wetlands and waterways be protected. Thank ¥o~tF for your concern. Cordially, Mary Anne Huntington June 1, 1992 Board of Trustees Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Cutchogue Harbor Marina Gentlemen: In July of 1991, the Fleet's Neck Property Owners Association and individual residents of F]eet's Neck engaged in a series of inquiries and complaints against the Cutchogue Harbor Marina. We claimed that the Marina, in its renovation efforts, had violated state ax]d local environmental laws and local zoning laws. In addition, Marina owners and managers displayed indifference to residents during the construction stages and to our efforts, to compromise. Specifically: 1. No site plan or SEQR statement existed/exists for this marina when the marina property is clearly a Critical Environmental Area. 2. Existing men's and women's restrooms were tripled in size and capacity (with permits but without regard to overall impact). 3. Two cesspool rings were Installed next to ex2Lsting ring for restrooms within 30 feet of bulkhead, after hours with no permits or inspection (witnessed by twc, residents), 4. The reconstructed bulkhead was placed 36 Inches landward instead of the allowable 18 inches. 5. The dredging and removal of spoils for fuel tanks was done without required leach and laydown. 6. The legality of a well located In a private residence supplying all potable water to the marina was questioned. 7. The Inordinate demand for potable water for transient boaters and boat residents created a threat to a finite water supply for residents. 8. No pump-out facility or holdIng tank exists. 9. The creek waters were/are polluted with fuel, chemicals, detergent and Indescribable flotsam and jetsam. 10. The lighting was/is excessive and the security system errant. Nearly a year later, vath the above status quo, the following has occurred: 1. Three additional rings for wastewater were Installed (two approved by the Board of Trustees, ostensibly for runoff and one not approved for an employee res,troom). 2. An automatic underground sprinkling system was installed. 3. Significant landscapIng and sod requiring regular and abundant water were planted. 4. A coin operated laundry facility was installed in the restroom building. 5. Temporary lighting was replaced with even brighter more intrusive lighting. 6. The establishment of a 'convenience store" (their term) selling soda, ice cream, newspapers, etc. Board of Trustees Page 2 of 2 Letters from the Fleet's Neck Property Owners Association, individual residents and a petition signed by area residents were submitted to the Town, but it is evident that little has been done to challenge the Marina's activities. In light of the additional infractions to the MI zoning codes and the impact to a critical environmental area, we again submit a request for action. The Board of Directors of the Fleet's Neck Property Owners Association request that our complaints be investigated and addressed. We recognize the rights of the owners to maintain and improve their holdings, but not at the expense of negative impact to our envirm~nentally sensitive wetlands and waterways and the general well-being of our tranquil and rural neighborhood. Your immediate attention and response is respectfully requested. Smcerely, Bernard Dempsey, President Fleet's Neck Property Owners Association /mah Background Marine operations on the marina site and under various ownerships have existed for decades. Fishing stations and marina design and operation had been kept within the character of the community and environment. The exception to this was in 1958-61 when the owner, a resident who owned the marina and adjacent property, proposed a "yachtel" (his term) and the FNPOA and named residents took the owner and the Town of Southold to court to keep the marina from commercializing our residential cotnmunity and spot zoning. After several years, the owner succumbed and withdrew his plan for the use of the marina as a boat resort, and subsequently sold the marina and adjacent residential land. At some point in time, it was zoned Marine I, but no site plan was ever submitted (a survey is on file with the Trustees for a previous owner). It is the consensus by many that it was overlooked, possibly because the marina was modest in design and intent and predated zoning. Similarly, most improvements predated the SEQR and DEC requirements and fell well within the purpose and use of Marine I zoning code regulations (see attached). In August of 1989 a consortium purchased the marina, and began major renovations in the spring of 1990. Residents began noticing various irregularities in the operation of and renovations to the marina and in July - October 1991. Letters from the FNPOA, individual residents and a petition signed by area residents were submitted to the Board of Trustees, Suffolk County Dept of Health, New York State Dept of Environmental Conservation, Scott Harris and the Cutchogue Harbor Marina owners. We claimed that the marina, in its renovation efforts, had violated state and local environmental laws and local zoning laws. A TV ad supports the Marina's encouragement of overnight and long-term boat residences (boat hookups, free television hookup, restrooms, laundry, convenience store, local free beaches, etc.) A full-time manager lives year-round in one of the houses on the premises (West Road). Their taxes are $14,894.88. Specifically: 1. No site plan or SEQR statement existed/exists for this marina which is clearly in a critical environmental area. 2. Existing men's and women's restrooms were tripled in size and capacity (with permits but without regard to overall impact). 3. Two cesspool rings were installed next to existing ring for restrooms within 30 feet of bulkhead, after hours with no permits or inspection (witnessed by two residents). 4. The reconstructed bulkhead was placed 36 inches landward instead of the allowable 18 inches. 5. The dredging and removal of spoils for fuel tanks was done without required leach and laydown. 6. The legality of a well located in a private residence on West Creek Avenue supplying ali water to the marina was questioned. There is no well on the marina property. 7. The inordinate demand for potable water for transient boaters and boat residences created/creates a threat to a finite and precarious water supply for area residents. 8. No pump-out facility or holding tank exists. 9. The creek waters were/are polluted with fuel, chemicals, detergent and indescribable flotsam and jetsam. 10. The lighting was/is excessive, especially in a residential area and adjacent protected wetlands. 11. Fans ventilating the restrooms were/are excessively loud. In July 1991, a five-member contingent of residents met with the marina owners to address these issues. The marina management ultimately displayed, with minor exception, indifference to residents during the construction stages and to our efforts to compromise on these issues. A year later, with the above status quo, the following has occurred: 1. Three additional rings for wastewater were installed. 2. An automatic underground sprinkling system was installed. 3. Significant landscaping and sod requiring regular and abundant water (and fertilizer?) were planted adjacent m waterways. 4. A coin operated laundry facility was installed in the restroom building.. 5. It was determined that the plumbing company used for marina renovations was Henry J. Smith, a member of the Board of Trustees. 6. Temporm3, lighting was replaced with even brighter more intrusive lighting. 7. The establishment of a "convenience store" (their term) selling soda, ice cream, newspapers, etc. 8. A portion of the existing buildings is used as a "clubhouse" for the owners and guests of the marina (not necessarily patrons). In June 1992 letters from the FNPOA and residents were again sent to the cognizant agencies. Inquiries were made in Town agencies in person by B.J. Hassildine and M. A. Huntington. We requested these issues be resolved before the DEC and theTmstees role on the marina's pending application for additional bulkheading and enhancements. (Marina patrons were told that a Travel Lift as well as a new, larger ramp would be installed in the North Basin area) Site Plan No site plan has been submitted to the Planning Board. It was a moot point whether a site plan was needed since it was a continuing conforming use which predated zoning and were not expanding the number of boat slips. The Assistant Town Attorney told us a violation was issued to the marina in June for failing to supply a site plan. Lighting The overhead, parking lot and walkway lights were intruding into homes and properties adjoining the marina and across the wetlands to the Wickham-Searle property Several attempts were made by area residents to the marina, and/or Police, Planning Board and Building Dept to get the marina to lower the intensity and redirect the lights Inspections by the Building Dept has yielded some adjustments and we are awaiting a response from the last inspection. Marina management were extremely uncooperative at each request. Water The Town issued a building permit to renovate the restrooms (seemingly an "in kind" renovation). Technically building permits should not have been issued when no site plan is on file with the town, nor should restrooms and laundry facilities be provided unless there is a holding tank pump-out station on site (see attached building and zoning codes). Each restroom tripled in size and content. In July 1991, the Marina denied planning laundry facilities, although they advertised same. In June 1992 a coin-onemt~ laundry was installed in the restroom building. In May 1992 an extengl, was installed. No well is present on the Marina site. Two area ~ uh saed2)a,lt-water intmsi°n last surnmer (c°uld be c°incidental' but t¢[ Wastewater ~U¥ In August or September 1990, the cesspool serving the restrooms ~ from a bulkhead) and the following June the Marina installed two. / I ring after hours with no permits or inspections. In June 1992 the) ' drywells and a cesspool for a proposed employee restroom. Theq ,,¢P L0Ca)try ~)'~j'- ~J,.,~-¢ restroom, but all were installed. Testing of the creek water is not vi correcting storm road mn-off directly piped into the creek from the ~ -~ t/vv,c/ Smith was censured by the Trustees for the conflict of interest. _ Latest Action ~._~ Several West Creek Avenue residents met with Attorney Steve Lath Bob and Hilda Latham) of Twomey, Latham, Shea and Kelley (envi July 20, 1992. He recommended hiring a consultant to pursue the le through the DEC, Army Corp of Engineers and the County Dept of! ..... ~c ctear m our intennons to rectify the infractions of the laws, not to close down the marina. On July 23, 1992 John Bredemeyer, in telephone conversations with B.J. Hassildine and M. Huntington, proposed the Town pay for monitoring for chlorides in a sampling of West Creek Ave residents' wells and is addressing this at the next work formal meeting of the Board of Trustees as well as the issuance of a violation to the wetlands act in the cesspool matter. 3350 West Creek Avenue 516-734-6993 Culchogue, N.Y. 11935 September 16, 1992 TO ALL CUTCHOGUE HARBOR MARINA CUSTOMERS As we come to the close of another summer season, we hope we have provided you with good times and happy boating memories. We have recently modernized our facility by upgrading docks, electric and water, bathroom and laundry room, landscaping, fuel island and general store creating the most beautiful and serviceable marina in the area. We are also introducing our new and highly skilled mechanic, Brian Scheffer, whose expertise will enable him to service all your marine maintenance requirements. Please make your reservations for winterization and storage of your boat as early as possible by signing and returning the enclosed contract along with the required deposit of half the storage charge. Please be sure to indicate time of hauling as well as launching so we can determine storage positioning of your craft. If there are any questions about the enclosed information which also includes the marina rules and the current price list, please feel free to contact us at any time. Very truly yours, CUTCHOGUE HARBOR MARINA MANAGEMENT lb/ EASTERN LONG ISLAND, A BOATING PARADISE ,July 19, 1993 Board of TlxlSlees Town el Southold P.O. Box 1179 Southold, NY 11971 Re: Cutchogue Harb(}u Marina Gentlemen: It is our worst fear realized. The well at 1200 West Road (Ruth Moore) is dry. At a new site and at 40 feet they have still not found potable water. Other well disturbances have been reported in the area, including the replacement of one well, pumping problems and an excess of rust and minerals. We have drought conditions, but yet at Cutchogue Harbor Marina underground sprinkling systems go on several times a day and night; restroom and laundry facilities in use for transient and long-term boat residences; extensive boat washing; and not one, but two residences are currently occupied. There is no tangible proof that these problems are caused by the marina, but the circumstances are coincidental with the expansion of marina services and residential well problems thai were witnessed last summer and exacerbated this summer. The resident at 1200 West Road has lived there for 20 years. She is a law-biding, tax- paying resident who is devastated, physically, emotionally and financially, by this condition. Her yard is ripped up, and at several levels there was unpotablc, salt- water intruded water, with little hope remaining of finding potable water, or at best, at considerable expense to locate another well elsewhere on her property Thc time has come for the Town of Southold to stop the paper- and font-shuffling regarding the Cutchogue Harbor Marina. As we have indicated over the past three years, the marina has violated environmental, zoning, building and health codes, and it is business as usual for the marina while the residents, in proximiiy especially, are bearing the brunt of the marina's disregard for the lax,,' and the environment. Your timely response is necessary before other negative circnmstanccs surtace. Sincerely, Mary Anne Huntington, President Fleet's Neck Property Owners Association cc: Scott Harris, Supervisor The Fleet's Neck Property Owners Association has been grappling with a problem in the jurisdiction of the Board of Trustees since June 1991. The problem is not clear-cut as it is also an issue of the Southold Planning Board, the Zoning Board, the Building Department as well as the Suffolk Dept of Health and the NYS DEC. The Board of Trustees is the lead agency. Specifically, the problem is the renovation and development of the Cutchogue Harbor Marina into a "boatel." This former "Mom and Pop" operation predominantly served the local residents, and blended into the quiet residential character of Fleet's Neck. With no site plan on file until very recently, it is difficult to discern what is and what was. There were and are several issues relative to questionable land and building use and code violations the Association has brought before the Board of Trustees as well as the other agencies. But for the sake of tonight's debate, I will focus on the following two issues which we feel impact the residents the most. The marina does not have a well to provide potable, or even unpotable water, to the patrons and residents on the premises. It pipes water under the road from a private house where they maintain they "own" a well. In the past year, three residents, that I know of, had to replace their wells due to salt-water intrusion or simply little to no water. Many other residents, myself included have experienced well disturbances--air in system, saline taste, and high mineral and rust content. There is no proof, only coincidence with the expansion of services to marina patrons--increased restrooms, addition of laundry facilities, automated underground sprinkling system, and water use for boat and car washing, two residences, office and marine service lessee. This water use has place an inordinate demand of a precarious water supply. On September 16, 1992, the Board of Trustees issued a installation of two additional cesspool rings to the existir the expanded restroom and laundry facilities. These rin permits or inspection and within 25 feet of the bulkhead. 22, 1992 and the Board gave an extension to the marin~ permits. To date, I have not seen evidence in the recor~ compliance whatsoever. That was one year ago, and it the marina. By code, the marina must also have a pump-out station laundry facility. It does not. The plumbing contractor fo~ Henry Smith Plumbing--a direct conflict of interest. Ad~ at the assessors office indicates that the assessed valu $31,100 and was reassessed to $20,500 in June, 199~. issued building permits when no site plan was on file. I see a lot of foot and/or paper shuffling. It appears to me that there is little to no communication between the agencies of Southold else, these situations would not go on for three years with no resolution on any issue. How do you see that you would handle this type of situation differently? It may be, that you will have to handle it. FILE COP' January 26, 1993 Town of Seuthold Office of the Town Attorney ATTN: Matthew Kiernan, Esq., Asst. Town Attorney In ge: Cutcboque Harbor Marina, Violation of Chapter 97, Article ti, Section 97-20. Dear Mr, Kiernan, Please accept this lette$ as confirmation of our discusslol] this date regarding the above noted sub3ect matter. It is my understanding that the following four points l]ave been mutually agreed upon: I. As the above noted sub3ect ts an enforceme~%t mst'to/, ali FOIA requests pertaining there/to will be preliminarily denied at the Town level, II. Affidavits from members of The Float's Neck Property Owner's Association will be sealed, al/d submitted, by this fitful, to the responsible agency upon request. It was further agreed that these documents will be reviewed, in camera, and only made part of the public record upo~ consent of the undersi!Ined. III. In order to preclude any claim with regard to potential conflict of interest, Southold Town Attorney Arnoff and Henry Smltbo will recuse themselves from any proceedings regarding the Cutchogue Harbor Marina and similarly, will be denied access to that file. IV. Efforts will be msde to reconstruct the minutes of the October 22, 1992, where, due to a failure of the tape recording, a transcript of these proceedings is currently unavailable. It was at this meeting, on information and belief, an admissiop ~egardlng cesspools was made by representatives of the Cutchogue Harbor Marina. Bage TWO It ~s respectfully req~lested that, if you CORCUr as to OU~ understanding on-the above noted points, kindly notify this office. 1t% writing, and similarly ,notify the undersigned when ~e measures agreed upon have been enacted. It is further respectfully requested that this office be noticed on any and all public l~atters referencing the part/es aforementio~ed and that this lette£ be allowed to be placed on the record, stephen D. PinzlnD air Board of Trustees Hon. John Bredemeyer Clerk of tl~e Trustees Iq . is an old ~ .......... ~:u ~es~dential a~ Association, currently with 115 member- fa dized in 1958. "...to promote the welfare of p: ~ and proteclion of their real and marine p co existed peacefully with marina operations lbr decades, siuce lne~r moucst designs and operations had bccn kept wilhin the character of Ibc comnmnity, environment and Marine I zoning: codes. In 1991 the cnrrenl owners of the Cutchogue Harbor Marina began making questionable reuovaIiorls. The R)llowmg are issues we would again like fo place on record perlincn[ to tile activities oI the Cutchogue ltarbor Marina. I. No silo plan in place prior to issuance of building permits. 2. No SEQR sialement requested although marina is clearly in a critical environmental area. 3. Building permit was granted for an "in-kind" renovation of restrooms. Converting the existing restrooms and marine repair shop to restrooms Iriple is size and content, adding laundry facilities and water/elects'teal utility room does not constitute an "in-kind" renovation. 4. Restroom renovations performed by Board of Trustees member, Henry Smith. 5. Two cesspool rings were installed within 30 feet of bulkheading without permit or inspection. Viotaiion issued September 18, 1992 still not resolved. 6. No pump-oul l~cility or holding tanks exist. 7. No fresh wamr well exists on marina properly. All xvater comes from a xvell m a private residence on West Creek Avenue. Automated nnderground lawn sprinkler system added. 8. Excessive and intrusive overhcad lighting, stanchions and llxlures. Compliance to tile findings of Building I)epartment has been ignored. 9. Excessiw~ noise from restroom ventilation system. 10. Discrepancies noted in recently submitted CMl! sile plan and thc existing survey on file with Board of Trustees. The site plan submilted is technically not a sile plan reflecting building use or physical ligatures and amenities, but a stHwey and landscaping plan. I 1. Queslion of Southold Building Department, Board of Trustees or NYS DEC permit{s} to expand the boat ramp. (No permil was posted.) Board of Trusiccs July 19. 1993 page 2 of 2 12. The advertising and encouragement for transient trade and h}ng-lern~ boat "residenees." Most inotor yaehls never leave their slips. 1 3. The establishment of a "convenience" store selling food stuff's, ele~ withoul Deparimeni of Health approval and in violation of Marine [ zoning code. 1 4. In addition to ihe allowable single residence (ulilizcd by ll~e marina managcr), another building is used as a parl-lime residence and "~:lubhouse" tot marina principles and guests. 15. Marinas being typically werbusinesses, residents are concerned ltltal the excessive use of polable water for boat washing, restrooms, laundry, landscaping maintenance, marina residences and businesses will p, laee an undo demand on our historically precarious residenlial water supply. Since July of 1991. thc Fleet's Neck Property Owners Association has sm~ght resolution on these issues through the marina management and the various Southold Township, Suflblk County and New York State agencies. With passage of time. it is more difficult to discern what is and what was. as the marina continues renovation, and operation withoul review and benefii of govermnental approval and checks in place. Another boating season has begun, and it is business as usual with ilo altempts by lhe marina management to assuage resident complaints or meet the requirements scl lk)r!11 by zoning, building, environmental and heallh codes. Sincerely, Mary Anne Ituntington, President Fleel's Neck Property Owners Association cc: Slcphen Pinzino. Esq. July 19, 1993 Board of Truslees Town of Southold P.O. Box 1179 Southold. NY 11971 Re: Culchogue [tar[)or Marina li is o,~' ~l,orsi h'~Tr rc~lizc& The well at 1200 West Road (Ruth Moore) is dry. At a new sile and at 4(/feet they have still not found potable water. Other well disturbances have been reported in the area, including the replacement ,}f one well, pumping problems and an excess of rust and minerals. We have drought conditions, but yel at Cutchoguc Harbor Marina underground sprinkling systems~.,,,o on several times a day and night; restroom and laundry tacilities in use fur transient and long-term boat residences; extensive boat w,~shing; and not one, but two residences are currently occupied. There is no tangible proof that these problems are caused by the marina, but the circumstances are coincidental with the expansion of marina services and residential well problems that were witnessed last summer and exacerbated this summer. The resident at I200 West Road has lived there for 20 years. She is a law-biding, tax- paying resident who is devastated, physically, emotionally and financially, bv this condition. Her vard is ripped up, and at several levels the~e was unpotable, ~alb water intruded water, with little hope remaining of finding potable water, or at best, at cm~siderable expense to locate another well elsewhere on her propertv. The time has come fnr the Town of Southold to stop the paper- and foot-shuffling regarding the Cntchogue Harbor Marina. As we have indicated over the past three years, the marina has violated environmental, zoning, building and health codes, and it is business as usual for the marina while the residents, in prnximitv especially, are bearing the brunt of the marina's disregard for the law and'the et) vironnlent. Your timely response is necessary boil)re other negative circumstances surfate. Sincerely, Mary. Anne Huntington, President Flcet's Neck Property Owners Association cc: Scott Harris, Supervisur PROPERTY FL E ET'~/EC K OWN.~SOCIATION ,INC. P .~~5 4 CUTCHOGUE, N Y ,11935 U.S. Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, NY 102784)090 Attention: Regulatory Branch James W. Haggerty and/or Joseph J. Seebode Re: Public Notice Number 93-13080-L2 Cutchogue Harbor Marina January 5, 1994 Dear Sir(s): The Fleet's Neck Property Owners Association, incorporated in 1939 for the welfare and protection of real and marine privileges and equities, now represent 112 member-families. For more than 75 years, marina operations at this site in our community have been modest in design and intent and kept within the clharacter of our community and environment. Since June 1991, our association has raised questions to cognizant agencies regarding the expansion and renovation activities at the Cutchogue Harbor Marina. Specifically: 1. no site plan or SEQR statement existed for this property before renovations began, although the marina is situated in a critical environmental area. 2. existing restrooms were tripled in size and capacity with permits, a laundry room added and two additional cesspool rings installed without permits or inspection. 3. there is no water-well on this property. Water is piped into the marina from a well in a private residence. 4. there is no pump-out facility or discharge enforcement for boats seasonally berthed. ~. the quality of the water in Wickham's Creek has deteriorated. 6. lighting and noise is excessive. The current application is of great concern to our association and especiallv residents in proximity to the marina. This application for expansion and reconfigu~ation and attendant diagrams is interpreted as an attempt to reconfigure to accommodate Fleet's Neck Property Owners Association Public Notice Number 93-13080-L2 Cutchogue Harbor Marina January 5, 1994 Page 2 of 2 Iarger boats. Currently half of the marina is used for motor yacht "residences" and transient boaters, and further expansion to accommodate m4re and/or larger boats could severely and unalterably affect our ecosystems. Specifically, our concerns are for the impact of increased usage on: 1. the potable water supply of Fleet's Neck. Three wells were replaced in the summer of 1993 due to lack of potable water; and other well disturbances were noticed. 2. the water quality of Wickham's Creek and adjacent wetlands, especially without a pump-out station or enforcement of discharge and dumping infractions; and restroom and laundry discharge into cesspools within 2~ feet of bulkhead. · 3. the peace and tranquility of a community founded on respect for the environment. Additionally, we have noted several discrepancies in the plan view (sheet 2 of 4) and the survev revised last on November 26, 1991 and a site plan amended last on September 23; 1992, currently on file with the Town of Southold. It is noted that the length of the finger floats appear to be approximatelv 20 feet long (less in the North Basin) in the plan view and 30 feet long in the Section A-A diagram (sheet 3 of 4). It is also noted that sheet 4 of 4is identical to 3 of 4, and there is no Section B-B. Also, the quality of the reproduction of the plan view makes details unclear. Owing to the recent historv and issues currently under judgement relative to Cutchogue Harbor Marina~ our concerns for the welfare and safety of our community, and the discrepancies in the application, we request ~ pnblic hearing. The Fleet's Neck Property Owners Association will remain vigilant on this issue and will respond to the additional applications to New Ynrk State, Suffolk County and Southold Township agencies. Smcerely, Mary Anne Huntington President Edward C. Hassildine 2505 West Creek Avenue Cutchogue, NY 11935 US Army Corps of Engineers New York District Jacob K. Javits Federal Building New York, NY 10278-0090 Attention: Regulatory Branch Gentlemen: January 3, 1994 We respectfully request that a public hearing be held in the matter of the apD!ication of Cutchogue Harbor Marina for work in public notice number 93-13080-L2. The reason for this request is two-fold: 1. The applicant's apparent disregard of the legal permit process as displayed in work done previously· The results of this project have yet to be adjudicated. 2. The drawings provided with the ~,~ ~e are not sufficient for local residents. --' ed, to understand the full im~] ~- ~ ~ Large scale drawings must be mai -~ DL'~ ions shown where dimensions do ~/~ ~v~~' ~1 ~ ' The drawings propose , ~/~~ '' · , - ,^ %-~ tA ~ , ~or vessels fro~ 30 feet up ~n s: ~0~ ~;~-~ ,ring much sma+let day-use boats ~- ~A~Ui~ the fragile environment of Wickha~ - ,~ ~ ~ ~ars the quality of shell fish ~(-~ ~0~~t~ I steadily declined. At the same . ~ ~ ~-~ d and unreported oil slicks ~ ~ ~ · ~J]~l _ e feel that upsizing the moorings t ~%u- ~q~ ~_ -h=~ =~ more apt to discharge p h ~~' ,~a~%~ 'b~ ~= people using the marina ~/~ -~ ~ ~.'~ er decline in the quality of water ^~..~ (~.t ~ [ ~ ~y 1OW turnover rate £ ~ ~%k~ ~ IA ' The added burden of this ~ -~e will also impact the local potable ~J~-. . The applicant already has to draw from C/~ ~£ water not on his premises. An increase in this condition will limit water available to the local residential community. As we own adjacent waterfront property and are interested in the protection of Wickham Creek, we request the Corps of Engineers to place our name on mail distribution as an interested party in the matter of this application. Thank you for your consideration in this matter. Respectfully, Edward C. and B.J. Hassildine cc: New York State DEC Southold Board of Trustees TRUSTEES John M. Bredcmcyer, II1, President Albert J. Krupski, Jr,, Vice President Henry P. Smith John B. Tuthill William G. Albertson Telcphone (516) 765-1892 Fax (516) 765 1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 December 29, 1993 Joseph J. Seebode Chief, Regulatory Branch US Army Corps Of Engineers New York District Jacob K. Javits Federal Building New York, NY 10278-0090 RE: Public Notice ~93-13080-L2 Cutchogue Harbor Marina Dear Mr. Seebode: The Southold Town Trustees have not yet received an application for a local wetlands permit subject the aforementioned public notice. Since this office has not yet resolved concerns surrounding a previous unauthorized expansion of the onsite sanitary system and laundry facility we would request your agency suspend review of this application until we receive an application and have an opportunity to review same and coordinate with the other involved agencies. Depending DL the r..~_~ cf the expansic~, additional apcrov~ls. from the Southold Town Planning Department and the Suffolk County Department of Health Services may be necessary. Bredemeyer, III President, Board of Trustees JMB: jmd cc: Cutchogue Harbor Marina NYSDEC SCDHS Bldg. Dept. Planning Dept.X/ Mary Anne Huntington 3175 West Creek Avenue Cutchogue, NY 11935 U,S. Army Corps qf Er~gineers New York District Jacob K. Javits Federal Building New York, NY 10278-0090 Attention: Regulatory Branch James W. Itaggerty and/or Joseph J, Seebode Re: Public Notice Number 93-13080-L2 Clitchogue Itarbor Marina January8.1994 Dear Sir(s): My residence is located directly across West Creek Avenue from the north side of the south ha.sin oJ' Cutchogue Harbor Marina. For.Jbur years I kept my boat at the marina, like many other residents qf Fleet's Neck. My concern relative lo the development and change in use at the marina is motivated by my respect Jbr the etn;ironment, the preservation of our tranquil community andJbr the protection of the equity I have in my hotne. I respect the right of the owners to improve their property, however the.fact remains that several improvenients were blatant violations Qf zoning, building and environmental codes. Since the spring Qf 1991, I and my neighbors noticed irregularities in some of the renovations and use at the marina and reported them to the appropriate gow'rnment agencies. Our cotlcerns wereJbr: 1. The absence ora site plan on file in Southold Township re. flecting building use, septic system, lighting, and other details oJ' the site. 2. The expansion of restrooms; the addition of a laundry room witl~ the itistallation of two cesspool rings within 25feet of a bulkhead wiihoui permits or inspection. 3. The abser~ce of a water well on their premises and the inordinate demand .for potable water -residences, personal hygiene, boat watching, laundry, automated underground sprinkling system. 4. The absence Qf a pump-out facility despite the number of lar_qe motor yachts who rarely, if ever, leave the slips. 5. Wickham Creek waters showed evidence Qf gas/oil spills, detergents and reJ~zse. 6. Excessive and intrusive outdoor lightiny afJ~cting residences and the wetlands. 7. The management's lack of concern for the Wickham Creek and adjacenl wetla~lds in the use ay' w~ed killers and fertilizers and lack of coni_rols Jbr creek pollution; and the failure to inform or instruct marina patrons to respect speed limits entering and exiting the creek, and the proper use of jetskis arid it!flatables in the creek and wetlands. Public Notice Number 93-13080-L2 Cutchogue Harbor Marina Mary Anne Hlmtington Sheet 2 Several of the a. forementioned code violations are being adjudicated or aide being investigated at this time. These matters should be cleared up beJbre any new development takes place. I believe the present application Jbr the expatision and recot!fi.quration qf the slips per the diagrams equates to additional slips Jbr large boats. However, the plan view qf the site is not in accordance with the sarvey the marina submitted as a site plan to the Town oJ' Southold, and details or notations are illegible. AL~o, one diagram is missing. Further, the it!Jbrmation provided does riot adequately explain the objective or need./'or this renovation,tior indicate the details q~'existing marina features. This reflects the need.for either a public hearing or fiirther investigation. Wickham Creek clearly cannot support more qf the type use the curren! owners and managers o.f Cutchogue Harbor Marina encourage. In previous years, tnany qf us swam, .fished, clammed and crabbed in Wickham Creek, but in the pas~ several years, it has been closed to shellfishing during the boating season when the pollution is evident. Sadly, we no longer swim nor let our children play in the creek and only a few will venture to consume seafood frotn the creek. Qf additional concern is what we cannot see. The quality of both our coastal waters and our potable water is at risk with unchecked use and questionable operations. Sincerely, Ma~tl Anne Hunti~gTtton cc: Town qf Southold Planning Board Town c!/' Southold Board Qf Trustees file:cmliace US Army Corps of Engineers New York: District Jacob K. Javits Federai Building New York:, N.Y. 10278-0090 A~-rN: Regulator~/ Branch In rep~4ng refer to: Public Notice Number: 93-13080-L2 Issue Date: December lb, 199~ Expiration Date: January 1~ 199~ To Whom It May Concern: The New York District, Corps of Engineers has received an applf~cation for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). APPLICANT: Cutchogue Harbor Marina 3350 West Creek Avenue Cutchogue, NY 11935 ACTIVITY: Renovate/expand existing marina WATERWAY: Wickham Creek, Little Peconic Bay LOC~ION: Cutchogue, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably ~may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. TO ~make this 0 CENAN- 0 P - RE PUBLIC NOTICE NO. 93-13080-L2 decision, cormments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above~ Cormnents are used in preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ALL C0bRMENT$ REGARDINg THE PERMIT~MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE ~ DATE OF THIS NOTICE; otherwise, it will be presumed that there are no objections to the activity. Any person may request, in writing, before this public notice expires, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permi~ decision process and bears the same weight as that furnished at a public hearing. Our preliminary determination is that the activity for which authorization is sought herein is not likely to affect any Federally endangered or threatened species or their critical habitat. However, pursuant to Section 7 of the Endangered Species Act (16 UoS.C. 1531), the District Engineer is consulting with the appropriate Federal agency to determine the presence of and potential impacts to listed species in the project area or their critical habitat. Based upon a review of the properties listed or eligible for- listing in the latest available version of the National Register of Historic Places, there appears to be no sites included in the Register within the permit area. Presently unknown archaeological scientific, pre-historic or historical data may be lost by work accomplished under the required permit. Review of activities pursuant to Section 404 of the Clea~ Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, undez authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Acr 2 CENAN-OP-RE PUBLIC NOTICE NO. 93-13080-L2 of 1972 as amended [16 U.S.C. 1456(c)], for activities under consideration that are located within the coastal zone of a state which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity comp].ies with, and will be conducted in a manner that is consistent with,, the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objections to, or waiver of the applicant's certification. NO permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant,s certification and accompanying information is available from the Consistency Coordinator, New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, Coastal Zone Management Program, 162 Washington Avenue, Albany, New York 12231, Telephone (518) 474-3642. Comments regarding the applicant's certification should be so addressed. In addition to any required water quality certificate, the applicant has obtained or requested the following governmental authorization for the activity under consideration: 'Town of Southold Wetlands Permit New York State Department of Environmental Conservation Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If questions should arise concerning this matter, you may contact Sophie Ettinger, of my staff, at (212) 264-3912. FOR THE DISTRICT ENGINEER: CENAN-OP-RE PUBLIC NOTICE NO. 93-13080-L2 WORK DESCRIPTION The applicant, Cutchogue Harbor Marina, has requested Department of the Army authorization to renovate and expand an existing marina by removing existing fixed and floating piers and piles, and construct floats, ramps and piles in Wickham Creek, Little Peconic Bay at Cutchogue, Town of Southold, Suffolk County, New York. The applicant proposes to remove existing fixed and floating piers and 102 piles, and replace with a 4 foot wide floating dock constructed along the entire perimeter of an existing bulkhead, 30 four foot wide finger floats, a 5 foot wide L-shaped float, and a 5 foot wide 90 foot long main float. Also, four 4-foot wide ramps and four 8-eight foot wide landing floats would be constructed. All finger floats would be secured by at least one pile and 34 mooring piles would be installed to create boat slips. The tota]i area of new construction would be approximately 6722 square feet The stated purpose of the proposed work is to provide adequate mooring facilities. 4 BAY' ~A Y -II ,I I / r ---mi ~// PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S Mcl)onald Kenneth L Edwards Telephone 1516) 7t~5- lggg PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road PO. Box 1179 Sou[hold. New York 11971 Fax t516) 765-1823 TO: FROM: RE: Matthew G. Kiernan, Assistant Town Attorney Richard G. Ward, Chairman ~z,~.. Cutchogue Harbor Marina West Creek Avenue, Cutchogue SCTM~ 1000-110-1-12 Date: June 29, 1993 This is in response to your letter of June 24, 1993, requesting the Board's status on the above referenced project. This board, in consultation with the Trustees, had requested and received from Cutchogue Harbor Marina an "as built" site plan showing the site as it presently exists. There have been no new buildings or additions to buildings in the present project. The major areas of activity are securing a wetlands permit, violations regarding lighting and Complaints from neighbors about the lighting and fan noise. The Trustees and the Building Department are working on resolving these matters. PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Rilchie La,barn. Jr Richard G. Ward Mark S McDonald Kcnnelh l. Edwards Telephone (SI6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Somhold. New York 11971 Fax (5161 765-1823 TO: FROM: RE: Date: John M. Bredemeyer III, President, Board of Town Trustees Richard G. Ward, Chairman~/~ Wetland Permit-Cutchogue Harbor Marina West Creek Avenue, Cutchogue SCTM~ 1000-110-1-12 June 14, 1993 This is in response to your letter of June 3, 1993, requesting the Board's comments on the above referenced wetland permit application. Upon examination of this proposal, the Board feels that an expansion of the marina is taking place and that a site plan review would be required. As you know, we have had many complaints about the lighting and other elements of this site. TRUSTEES John M. Bredemcycr~ IIL President Albert J. Krupski, Jr., Vice President Henry R Smith John B. Tuthill William G. Albcrtson Telephone (516) 765 - 1892 Fax (516) 7(i5 1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLI) SUI:'ERVISOR °~P~'6' SCOTT L. HARRIS '[bwn Hall 531195 Main Road l~O. Box 1179 Soufll,~ld, New York 11971 TO: FROM: RE: DATE: Southold Town Planning Board Cz'/9 John Iq. Bredemeyer II~-~? ~10 ~-1~ Wetland Permit - SCTM .... June 3, 1993 Gutchogue Harbor Marina The Southold Town Trustees are in receipt of the attached application for a Town Wetland Permit which we are temporarily holding in abeyance until we process outstanding violations against this facility. It would appear that this proposal is a re-organization, largely reflecting improvements in navigation within the confines of their property (the Basin) and may reflect a small increase in boat numbers (five or less). Could we have your comments with respect to this application and whether you will require a site plan approval for this proposal? Attached for your convenience September 16, 1992 (unstamped) and our application. is a copy of the proposal, the survey of Roderick Van Tuyl TRUSTEES John M. Bredemeyer, IIi President Albe~t J. Krupski, Jr., Vice President Hen~ P. Smith John B. Tuthill William G. Albenson Telephone (516) 765-1892 Fax (516) 765-h--~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road IlO. Box 1179 Southold.. New York 11971 May 21, 1993 Lawrence L. Williams Cutchogue Harbor Marina 3350 West Creek Avenue Cutchogue, NY 11935 RE: Cutchogue Harbor Marina SCTM 01000-110-1-12 Dear Mr. Willia~ns: As a result of the ongoing investigation into allegations of violations of the Town Ordinance at your facility, the Trustees are temporarily suspending review of your wetland application received April 16, 1993. We hope to conclude our investigation shortly and work with you, to put all these matters behind us so that we may properly consider your current request for a permit. Thank you for your cooperation in this matter. ve~Y truly yours, · Bredemeyer~, 'III President, Board of Trustees JMB:jmd TRUSTEES John M. Bredemeyen IIL President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southol& New York 11971 COASTAL EROSION MANAGEMENT PERMIT APPLICATION TOWN WETLANDS PERMIT APPLICATION TRUSTEE LANDS PERMIT APPLICATION Office Use Only: ~__~Coastal Erosion Permit Application %/f4etland Permit Application ~--~Waiver from Chapter 97 %/~rustee Lands Permit Application ~i~Grandfather _Completed Apps. Date: CAC comments-Date: Sent Rec. __~Variance Required, __Neighbors notified Date: SEQRA Type Coord. Review-opt.,mand. __Insp. comp./date: __SEQRA Determin./date: __Public Hearing/date: Findings: Permit Vote: (Y/N): Special Conditions: (also see file) I 6 iTOWN OF SOUTHOLD Date Rec. by Office Application Number; SCTM %1000- J~ I-\'~ Remove existing pilings, piers, floating docks and ramps Project Name (If any)and install new floatin~ docks, pilings and ramps Date Prepared: 4-12-93 Applicant: Cutchogue Harbor Marina~ Inc. Address: 3350 West Creek Avenue CutchoKue, NY 11935 Phone (516) 734-6993 Interest: (owner, consultant,lessee,etc.) Owner Owner of Property: Same Address Phone ( ) Subject Property Location: Lilco Pole #26 located 190 Ft. from the ~nt~rsection of West Road and West Creek Avenue. (Provide LILCO Pole ~, Distance to cross Streets if not on location map) z Yds. to be excavated: 0 Yds. to be filled: 0 Manner in which material will be removed or deposited: NA Width of canal, creek or bay fronting property: 140 Ft. Depth at low tide: 8 - l0 Ft. Aver. rise in tide: 3 Ft. Distance to nearest channel: 70 Ft. Distance project extends beyond similar projects in area: None Area zoning: Marina I Land area in acres: Approx. 3.5 Is project for private or business use: Bus~ness Intended use of property: Marina - in water boat dockage Describe known prior operations conducted on premises: Marina - in water boat dockage Has any prior license or permit been issued to erect structures, dredge, or deposit fill on said premises: Yes Has any license or permit ever been revoked or suspended by a Governmental Agency: No Project Description The project description must also include plans for reclamation of land disturbed during construction of the principle and accessory structures and underground structures (i.e., pipeline and septic system~ make additional attaclunents if necessary). Please note all proposed work consists of the removal of existing floating and stationary docks, ramps, piers and p~llngs in the area designated on the submitted drawing, dated 4-12-93, and to lnstall new floating docks, ramps, pilings as shown zn the clouded area or our drawing. Authorizanion (Where the applicant is not the owner) I residing at (PrinT-owner of subject property) (Mailing address-phone) do hereby authorize to apply for Coastal Erosion permit(s) from the Southold Town Trustees. Signature THIS IS NOT A PEP=MIT Page 2 County of Suffolk ) State of New York ) Lawrence L. Williams BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(s) OR REPRESENTATIVE(s), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SIGNATURE SWORN TO BEFORE ME THIS DAY OF ,19~!3. ~uggested space for location Map THIS IS NOT A PERMIT Page 3 'PART 1--PROJECTINFC ~TION "' Prepared by Project Sponsor ' NOTICE: This documen~ is designed to assist in determining whether the action proposed may have a significant et on the environment. Please complete the entire form; Parts A through E. Answers to these questions will be'consid as part of the application for approval and may be subject to further verification and publicrewew Provide anyadditi, information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not inv new studies, research or investigation. If information requiring, such additional work isunava able so indicate andspf each instance. . NAMEOFACTION Remove existing pilings, piers, floating docks and ramps ~d ~mtall new floating docks, pilings and ramps. LOCATION OF ACTION (Include SIreet Address, Municipality and County) 3350 West Creek Avenue, Cutchogue, Suffolk, NY 11935 NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Lawrence L. Williams, Cutchogue Harbor Marina, Inc. (516! 734-6993 ADDRESS 3350 West Creek Avenue Cutchogue, NY 11935 NY I 11935 NAME OF OWNER (Il ditferent) __ Same BDSINESS TELEPHONE Please note all proposed work consists of the removal of existing floating and stationary docks, ramps, piers and pilings in the area designated on the submitted drawing, dated 4-12-93, and to install ~ew floating docks, ramps, pilings as shown in the clouded area of our drawing. Please Complete Each Question--indicate N.A. if not applicable A. S[[_e Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [~Urban [~lndustrial [][Commercial [~Forest ~Aaricuiture ~Other 2. Total acreage of project area: ~ acres. APPROXIMATE ACREAGE Meadow or [3rushland (Non-agricultural} Forested Aaricuttural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unve§etated (Rock, earth or fill) Roads. buddings and other paved surfaces Other (Indicate type)_ Lanscaped [~Residential (suburban} Marina I E3Rural [non-fa PRESENTLY AFTER COMPLETION acres 2 · 5 acres 1.~ acres l~g acres _ .2 acres 1.-'-'3 ' acres 3. What is predominant soil type(s) on project site? Top aoil - bank rum - sand . _ acres a. 5od drainage: [~Well drained 50 % of site []]Moderately well drained ~ 5~ ?g of site ~Poorly drained % o[ site b. I[ any agricultural land is invo~, how many acres o[ soil are classified within soil group I through 4 o[ the N Land Classification System? ~/ acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project s tel ~Yes ~No a. What is depth to bedrock? ~/A (in feet) 2 O1578 or greater -__ % 6. Is prolect substanUally contiguous to, or contain a building, site. or district, iisted on the St~e or the Nation, · ' Re~isters of Historic Places? []Yes {~'-' ls proiect substantiailycontiguous toa site listed on the Register of National Natural Landmarks? [~Yes 8 Wh,~t is the depth of the water table? 8~_~to ~C~in feet) 9. is site located over a primary, princ pal, or sole source aqu i:er,' [Ye~ ]~No 10. Do bunt ng, fishing or shell fishing opportunities presently exist in the proiect area? [~Yes ~No 11. Does proiect site contain any species of plant or animal llfe that is identified as threatened or endangered [Yes llano According to Identify each species 12. Am there any unique or unusual land forms on the proiect site? (i.e, cliffs, dunes, other geological formations [Yes I~]No Describe 13, is the proi,~c sit? presently used by the COmmunity ot neighborhood as an open space or recreation area~ [Yes [~No If yes, explain 14 Does the present site include Scenic views known to be important to the community? ~Yes C~No 15. Streams w/thin or contiguous to project area: a. Name of Strearp and name of River to which it is tributary ~/A 16 Lakes. pone s, wetland areas within or contiguous to project area: a. Name b. Size (in acres) 17, Is the site served by existing public utilities~ [~Yes [No a) If Yes, does sufficient capacity exist to allow connection? ~]Yes [No b} If Yes, will improvements be necessary to allow connection~ []Yes [~No 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law Article 2S-AA, Section 303 and 304~ [~Yes E~No , 19 Is [o site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 []Yes [~No 20. Has the site ever been used ~or the disposal of solid or hazardous wastes? [Yes B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate] a. Total contiguous acreage owned or controlled by pro ect Sponsor b, Project acreage to be developed: _. ~l"/A __ acres initially; · c. Project acreage to remain undeve!oped gi/'A " d. Length of project, in miles:__ ~/A _(If appropriate) e. If the project is an expansion, indicate percent of expansioo proposed n o,, f. Number of off-street parking spaces existing __i~/A -- ~ ,o, g. Maximum vehicular trips generated per hour ~/~---~ ; proposed . _. h. If residential Number and type of housing units: (upon completion of project)? One Family Two Family Initially /vluhiple Family Ultimately -- __ i. Dimensions [m feet) of largest proposed structure.._~ _ height; width; J. Unear feet of frontage along a public thoroughfare proiect will occupy sl 3 acres· _ acres ultimately. _ length ft. Condominium 2. t4ow much natural mater t,, rock, earth, etc.) will be removed f the site? 3. YVill disturbed areas be ed? [~]Yes ONo [~JNIA a. If yes, for what intended purpose is the site being reclaimvd~ b. Will topsoil be stockpiled for reclamation?' OYes ~JNo c. Will upper subsoil be stockpiled for rec amation? OYes ~]No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will an,/ mature~ forest (over 100 years old) or other locally important vegetation be removed by this project? OYes ~No ' 6. If single phase project: Anticipated period of construction 2 months. (including demolition). 7. If multi-phased: a. Total number of phases anticipated bl/~k (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will bias:lng occur during construction? OYes ~No 9. Number of jobs generated: during construction ~' 10 Number of iobs eliminated by this project 0 11. Will project require relocation of any proiects or facilities? 0 ton's/~ubic yards month yei2:r, (including demolition) month . year. OYes ONo ; after prolect is complete 0 OYes [~]No If yes, explain 12. [s surface liquid waste disposal involved? OYes [~No a. If yes. indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [E]Yes [~No Type 14 Will surface area of an existing; water body increase or decrease by proposal? Explain OYes ~No 15. Is prolect or any portion of project located in a 100 year flood plain? 16 Will the project generate solid waste? OYes a. If yes, what is the amount: per month tons b. If yes. will an existing solid waste facility be used? E~Yes ONo c. If yes, give name · Iocatibn d. will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain OYes ONo OYes ONo 17. Will the proinct involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18 Will proiect use herbicides or pesticides? OYes OYes ~No tons/month. yea rs. 19 Will project routinely produce odors (more than one hour per day)? OYes 20. Will proiect produce operating noise exceeding the local ambient noise levels? 21 Will proiect result in an increase in energy use? [~]Yes 12[No If yes , indicate type(s) ~No OYes ~ONo 22. If water supply is from wells, indicate pumping capacity bI/g. 23 Total anticipated water usage per day bh.,"'~ gallons/day. 24 Does proiect involve Local, State or Federal fund ng? ~Yes If Yes, explain gallons/mihute. []]No 4 "~S. App'mvzls RequiFed: City. Town, Village Board' E]Yes E]No City, .Town, Village Planning Board E]Yes E]No City, Town Zonmg Board E]Yes [No City, County Heahh Department E]Yes []No Other Local ^gentles [~Yes [No Other Regional Agencies E]Yes E~No State Agencies E]Yes []No Federal Agencies E]Yes [No D. E. C. Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? E]Yes (~No If Yes. indicate decision required: E]zonin~ amendm'ent [zoning variance [-1special use permit [~]subdivisiorl E]site plan [new/revision of master plan I~]resource management plan [other 2. What is the zonmg classificati0n(s)of the site? Marina [ 3. What is the maximum potential development of the site if developed as permitted by the, present zon ng? A~ Exists 4 \Vhat is the proposed zoning of the site? Marina I $. VVhat is the maximum potential development of the site if developed as permitted by the proposed zoning~ 100% ' 6. Is the proposed action consistent with the recommended uses in adopted local [and use ;)[ans~ (~Yes 7. What are the predominant [and use(s) and zoning classifications within a '¼ mile radius cf proposed action? Residential ' ~]N~ 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~¢ mile? il)Yes ~N~: 9. If the propose(] action is the subdivision of land, how many lots are proposed? a. What is the minimum Jot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water d stricts? [Yes 11. Will the proposed action create a demand for any community provided services (recreation. education, po ce fire protection)? [~Yes [~No a. If yes, is existing capacity sufficient to handle projected demand? ~Yes ~]No 12 Will the proposed action result in the generation of traffic significantly above present evels~ [~Yes I~]No a. If yes. is the existing road network adequate to handle the additional traffic? IgYes E]No D. Informational Details Attach any additionnl information as may be needed to clarify your project. If there are or may bb any adverse impacts associated with your proposal please discuss such impacts and the measures which you propose to mitigate or avoid them. ' E. Verification ! certify that the inl'ormation provided above is true to [l~e best of my know edge. Applicant/Sponsor Name ~tchoKue Harbor Marina, Inc. Date ~/~/ ~-~ If the action is in the Coastal Area, and you are a state agency, Complele Ihe Coastal Assessment Form before proceeding § CUTCHOGUE HARBOR MARINA CHRONOLOGY OF EVENTS 7-11-91 - Letter from property owners to Cutchogue Harbor Marina stating complaints - same letter to Supervisor Harris. 7-24-91 Certified Mail - Planning Board letter to Betterbed requesting site plan. 7-25-91 - Letter to property owners from Planning Board saying Planning Board requests site plan. 8-12-91 - Letter from Trustees to property owners discussing problems. 8-16-91 - Letter to Planning Board from Betterbed only replaced "in kind" bulkheading. 8-28-91 - Memo from Planning Board to Trustees requesting Trustees to inspect to see if any new work done. 9-19-91 - Letter from Trustees to Cutchogue Harbor requesting written history of what was done. 12-20-91 - Memo - Planning Board to Trustees asking if matter has been resolved. 1-13-92 - Memo from Trustees to Planning Board. Agree site plan is required - need more facts before they can reply. 2-4-92 - Memo from Trustees to Planning Board, agree on as built site plan request. 2-21-92 - Planning Board requests "as built" plan for work done in July of 1991. 3-30-92 - Note from Valerie Scopaz to Robert Kassner to contact Health Services to see if permit was granted. Their response: no permit granted. 4-10-92 - Letter to DEC from Trustees interested in taking ]Lead Agency. 4-22-92 - Planning Board to Mr. Betterbed requests "as built" site plan. 5-5-92 - Trustees to Joe LoRusso - Trustees grant waiver for drywell no waiver for toilet or sink. 5-26-92 & 6-1-92 More complaints from property owners. 6-2-92 - Letter to Planning Board, complaint regarding lighting from Sanford Seale. 6--9-92 Letter from Cutchogue Marina to Trustees saying VanTuyl will provide "as built" plan. 6-22-92 - Memo from Vincent Wieczoreck to Vic Lessard, Vincent told Cutchogue Marina about lights and they agreed to do something. 8-13-92 - Violation (order to remedy) issued on lighting. 9-17-92 - Letter from Cutchogue Marina to Planning Board sending "as built" site plan. 10-6-92 Site inspected by Victor Lessard and Valerie Scopaz. 10-23-92 - Memo from Planning Board to Victor itemizing unanswered questions from the 10-6-92 inspection. Enclosed[. 12-7-92 - Memo from Planning Board to Victor Lessard requesting his review of eight items noted in joint inspection by Valerie Scopaz and Victor Lessard. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM: TO: FROM: Subject: PLANNING BOARD OFFICE TOWN OF SOUTHOLD Victor Lessard, Principal Building InspectOr Orlowski, Jr. Chairman ~O-~'//5 Bennett Cutchogue Harbor Marina (AF3k Boatman's Harbor) West Creek Avenue, Cutchogue SCTM~ 1000-110-1-12 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Sourhold. New York 11971 Fax (516) 765-1823 DATE: December 7, 1992 The attached memo to you of October 23, 1992, requests your review of eight items that you and Valerie Scopaz uncovered as a result of your joint inspection on October 6, 1992. To date, we have not received your review comments as to whether the site is in conformance with the code. We would appreciate your comments ASAP as the applicant is asking this Board to accept the attached as-built site plan. Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ri/chie La/ham. Jr. Richard G. Ward Mark S McDonaJd Kennelb L. Edwards Telephone !516) 765 I938 iqEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town lqa0. 53095 Main Road PO. Box 1179 Somhold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: DATE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~R.~-i~ Cutchoglle Harbor Marina (AKA Boatman,s Harbor) West Creek Avenue, Cutchogue SC~ ~ 1000-110-1-12 OCtober 23, 1992 On Tuesday, October 6, 1992, this site was inspected by yourself and Valerie Scopaz. The Planning Board would appreciate your review of the following field inspection notes: 1. A review of the Building Department,s file is needed to Confirm if building permits and Health approvals Were issued for the tWo-car garage with a two story addition that appears to Contain living quarters upstairs at the southernmost portion of the site. 2. There is a new deck that COnnects the new garage and addition with a pre-existing building which COntains the office, and packaged Snack foods for sale The steps to the office lack ha . ' ' the new deck. The ~b ~_~d~alls, as do the Ste barbeque grills. ~=~ ~£alns SeVeral propane ps to 3. There are new floating docks adjacent to the bulkhead that have been added since the Building Inspector,s last visit. Dockside Water and electric service has been installed the length of the bulkheading. We do not know if Health Department approval has been obtained for the Water supply. 4. The northernmost building has been added to, with a garage facing the Street. This work must be compared with the plan for which a building permit was issued to ensure conformity. o Extensive landscaping, including street trees, has been added along West Creek Avenue. The lights appear to have been shielded. However a field inspection at night is needed to determine if the shielding accomplished the stated objectives. There is a large drainage pipe that appears to discharge directly into the marina. We were unable to determine what area the pipe drains. No catch basins could be found in the portion of West Creek Avenue that adjoins this spot. Further investigation is needed. 8. The existing boat ramp was widened and resurfaced. Use of this ramp necessitates the use of West Creek Avenue for backing trailers down the ramp. The applicant is asking this Board to accept the enclosed as-built site plan. Your review of same, and your recommendations are being sought as to whether the site i.s in conformance with Code. Encl. TRUSTEES Jolm 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 September 19, 1991 Dave Prager Cutchogue Harbor Marina 3350 West Creek Avenue Cutchogue, NY 11935 RE: Cutchogue Harbor Marina Dear Mr. Prager: ,, Several months have based since our July 25, 1991 meeting with you onsite at the Cutchogue Harbor Marina at which time this Board requested you submit us information pertaining to your water and sanitary systems. Please promptly supply this Board with a written history surrounding the maintenance/work performed on your subsurface sewage disposal system for the work which allegedly occurred earlier this year. As previously requested the Board would like details on the location of all subsurface disposal facilities for you facility and the uses associated with them. The Trustees are very concerned about excess water consumption/waste on site and had also requested you provide us with a copy of the easement by which you convey water under the Town Road to the site. Additionally, the Board would like a copy of the underwater grant from the Town of Southold of August 1, 1931 referenced on the survey of R. Van Tuyl revised survey of January 21, 1987. Absent this information being submitted to us prior to our October 17, 1991 regular meeting worksession we may be left no option but to approach the courts to force discovery of the facts as they pertain to our enforcement of Chapter 97 of the Town Code and protection of the Towns water supplies. We trust the spirit of cooperation you have conveyed in your dealings with the Board to date will continue. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt CC: Donald Betterbed, President, Cutchogue Harbor Marina Bernard Demspey, President, Fleets Neck Property Owners Association 3350West Creek Avenue 516-734-6993 April 14, 1993 Board of Town Trustees Town of Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Wetland Permit Application Cutchogue, N.Y. 11935 TOWN OF SOUTHOLD Gentlemen: Enclosed you will please find our completed application for a Town Wetlands Permit to perform removals, relocations and new floating docks, piers and pilings as per our drawing dated April 12, 1993, copy enclosed. We have also included a copy of our latest survey dated September 23, 1992 and our application and inspection fee in the amount of $150.00. We are in the process of obtaining our New York State DEC permit for this proposed work, and will forward a copy to the trustees as soon as it is issued. If you have any questions regarding this matter, I can be contacted at (516) 249-6110 or leave a message with our Manager, Jim O'Brien at Cutchogue Harbor Marina. Very truly yours, CUTCHOGUE HARBOR MARINA, INC. Lawrence L. Williams Treasurer LLW:lb Enc.(Permit Appl., Drawing, Via Federal Express Survey, Check) EASTERN LONG ISLAND, A BOATING PARADISE Mary Anne Huntington 3175 West Creek Avenue Cutchogue, NY 11935 May26,1992 Mr. Bennett Orlowski. Jr. Planning Board, Town of Southold P.O. Box 1179 Southold. NY 11971 Dear Mr. Orlowski: I noted with ancillary interest to the intent of the Cutchogue 'Town Meeting~, March 3, 1992. of the Town's commitment against light pollution. I would like to call your attention to the excessive lighting of the Cutchogue Harbor Marina (]'ormerly Boatmen's Harbor) on West Creek Avenue, Cutchogue. In the past year several complaints have been directed to the mirrina as well as the Board of Tr'astees (as the lead agency) by area residents and the Fleet' s Neck Property Owners Association for the lighting among several other issues. Specifically: 1. During the boating season (April through October), the overhead lighting is on from dusk to approximately 11:00 pm tlater on weekends) and the walkway lighting is on from dusk to dawn. Both appear excessive to the point that daylight is simulated. 2. Some overhead lights are so directed ttmt although my house is 75-100 yards away, I carl do hand shadow "puppets" on my living room wall. A similar condition exists for at least one of my neighbors. 3. The marina is adjacent to protected wetlands along Wickham's Creek. I question the impact these lights have on the nocturnal wildlife in the creek and environs. 4. The owners and the manager of the marina have been resistant to altering the lights in response to earlier complaints because they were deemed temporary, however the lights recently installed are equally excessive if not worse. 5. The lighting of the winter storage area is extreme as well. 6. I feel that security and safety can be maintained by utilizing any number of options without relying on the overuse of intrusive high intensity lighting. Enclosed are photos I took after 11:00pm on Friday, May 22, 1992. I think' they adequately display the need for a review of their lighting. Area residents have peacefully coexisted with a marine operation at this location Jbr more than 75 years. The current owners' plan for this Marine l-zoned facility o~s a transient boat marina and for summer boat residences is contrary to Marine I codes, the character of our residential neighborhood, and the lighting is representative of a much larger problem. Without a timely and accurate site plan, anything is possible. I, along with several neighbors, would be appreciative if you could look into this matter. jhanTy~u. /_ / Mary~-~nne Hunting~on FLEE CK PROPERTYOWN~~SOCIATION'INC' CUTCHOGUE, N Y ,11935 June 1, 1992 Planning Board Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Cutcbogue Harbor Marina Gentlemen: In July of 1991, the Fleet's Neck Property Owners Association and individual residents of Fleet's Neck engaged in a series of inquiries and complaints against the Cutchogue Harbor Marina. We claimed that the Marina, in its renovation efforts, had violated state and local environmental laws and local zoning laws. In addition, marina owners and managers displayed indifference to residents during the construction stages and to our efforts to compromise. Specifically: 1. No site plan or SEQR statement existed/exists for this marina when the marina property is clearly a Critical Environmental Area. 2. Existing men's and women's restrooms were tripled in size and capacity (with permits but without regard to overall impact). 3. Two cesspool rings were installed next to existing ring for restrooms within 30 feet of bulkhead, after hours with no permits or inspection (witnessed by two residents). 4. The reconstructed bulkhead was placed 36 inches landward instead of th.e allowable 18 inches. 5. 'I~ne dredging and removal of spotis for fuel tanks was al°ne with°ut required leach and laydown. 6. The legality of a well located in a private residence supplying all potable water to the marina was questioned. 7. The inordinate demand for potable water for transient boaters and boat residences created a threat to a finite and precarious water supply for area residents. 8. No pump-out facility or holding tank exists. 9. The creek waters were/are polluted with fuel, chemicals, detergent and indescribable flotsam and jetsam. 10. The lighting was/is excessive and the security system errant. Nearly a year later, with the above status quo, the following has occurred: 1. Three additional rings for wastewater were installed (two approved by the Board of Trustees, ostensibly for runoff and one not approved for an employee restroom). 2. An automatic underground sprinkling system was installed. 3. Significant landscaping and sod requiring regular and abundant water were planted. 4. A coin operated laundry facility was installed in the restroom building. 5. Temporary lighting was removed for even brighter more intrusive lighting. 6. The establishment of a "convenience store" (their term) selling soda. ice cream, newspapers, etc. doc_ks 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 14EMOP~ANDUM TO: FROM: RE: Victor Lessard, Principal Building Inspector Bennett Orlowski, Jr., Chairman ~0.~'i~ Cutchogue Harbor Marina (AKA Boatman's Harbor) West Creek Avenue, Cutchogue SCTM $ 1000-110-1-12 DATE: OCtober 23, 1992 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (5[6) 765 1823 On Tuesday, October 6, 1992, this site was inspected[ by yourself and Valerie Scopaz. The Planning Board would appreciate your review of the following field inspection notes: A review of the Building Department's file is needed to confirm if building permits and Health approvals were issued for the two-car garage with a two story addition that appears to contain living quarters upstairs at the southernmost portion of the site. o There is a new deck that connects the new garage and addition with a pre-existing building which contains the office, and packaged snack foods for sale. The steps to the office lack handrails, as do the steps to the new deck. The deck contains several propane barbeque grills. There are new floating docks adjacent to the bulkhead that have been added since the Building Inspector's last visit. Dockside water and electric service has been installed the length of the bulkheading. 'We do not know if Health Department approval has been obtained for the water supply. The northernmost building has been added to, with a garage facing the street. This work must be compared with the plan for which a building permit was issued to ensure conformity. Extensive landscaping, including street trees, has been added along West Creek Avenue. The lights appear to have been shielded. However a field inspection at night is needed to determine if the shielding accomplished the stated objectives. There is a large drainage pipe that appears to discharge directly into the marina. We were unable to determine what area the pipe drains. No catch basins could be found in the portion of West Creek Avenue that adjoins this spot. Further investigation is needed. 8. The existing boat ramp was widened and resurfaced. Use of this ramp necessitates the use of West Creek Avenue for backing trailers down the ramp. The applicant is asking this Board to accept the enclosed as-built site plan. Your review of same, and your recommendations are being sought as to whether the site is in conformance with Code. Encl. 516-734-6993 :550 ~,Nest Creek Avenue C:~;~c:hogue, N.Y. 11'935 September 24, 1992 Town of Southold Planning Board 53095 Main Road Southold, NY 11971 Attention: Mr. Bennett Orlowski, Jr. Dear Sir, Enclosed you will please find for your use, our as built survey as prepared by Roderick Van Tuyl, P.C., for site improvements at the Cutchogue Harbor Marina. LW: sa LTR 019 . TXT Yours very truly, CUTCHOGUE HARBOR MARINA Larry Williams Treasurer EASTERN LONG ISLAND, A BOA TING PARADISE 516-734-6993 3350 West Creek Avenue CLdchogue, N.Y. 11935 September 17, 199'2 Town of Southold Planning Board 53095 Main Road Southold, NY 11971 Attention: Mr. Bennett Orlowski, Jr. Dear Sir, Enclosed you will please find for your use, our as built survey as prepared by Roderick Van Tuyl, P.C., for site improvements at the Cutchogue Harbor Marina. Yours very truly, CUTCHOGUE HARBOR MARINA Treasurer LW: sa LTR019 .TXT EASTERN LONG ISLAND, A BOATING PARADISE FO]tM NO..~ TOWN OF SOUTHOLD BUILDING DEPAE-TMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDy VIOLATION Date .... AUGUST 13.~ , 'tO CUTCEOGUE HAEBOR MARTNA, ]'NC. i~'~ner or authorized agent of owner) ' 3350 ~,[EST CREEK AVE., C~CHOCU]~, NY 11935 (oodress of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance CHAPTER 100 Other Applicable Laws, Ordinances-or Regulations at premises hereinafter described in that ~..~..]...N.A....L..]]..G..H..T..I..N..G....I..S....P..R.O..H..IBTE1) IN 2ETS CURRENT (state character of violation} .... .S..T..A...T~... ~ SITE PLAN APPROVAL I{AS NOT BEEN OBTAINED. in violation of ARTICLE XZIII, 100-237A, 237B, ARTICLE XXV, 100-252F, 100-252I, 100-253 (State section or paragraph of applicabl;' law, ;;~iX;~';"(~'~';.'~i~';];~i ..................... YOU ARETHE'P,'EFORE DIRECjI-D AND ORDER'ED to Comply with the Iow and to remedy the conditions above mentioned IHHED]:ATEL¥ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 304 WEST CREEK AVENUE .... 3-3-~O.-WES~..GP~g[;.,~V4~Ni~ ................................ County of Suffolk, New York. CUTCHOGUE Failure to remedy the conditions aforesaid and to comply wiih the appJiCa~n~ mgy constitute an offense punishable by fine or'imprisonment or both. ORDZNANCE ~~ ............... VINCENT R. ~ECZO~K (Cert. INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Se'nior Building Inspector Thomas Fisher Builxting Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD SCOTT L. ][{ARRIS, Supervisor South, fid Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1822; 'Felephone (516) 765-1800 TO: FROM: DATE: RE: Victor G. Lessard, Principal Building Inspector Vincent R. Wieczorek, Ordinance Inspector June 12, 1992 Cutchogue Harbor Marina - Lighting Complaint On Tuesday June 9, 1992 at 9:30 P.M. I met with Mr. &: Mrs. Hasseldine and Ms. Huntington on West Creek Ave. in Cutchogue to observe the Cutchogue Harbor Marina lighting that is the cause of the complaint. The two (?) lights that Mrs. Hasseldine claimed were shining into her living room and kitchen were not on when ii was there so I could not determine if the complaint was valid concerning those lights. In regard to the other (24) pole lights (3 lights on 8 poles) 'there was definite glare outside the Cutchogue Harbor Marina lot lines. The 3 poles lighting located to the southwest of the repair building are lighting the creek and wetlands to the south and west and the Hasseldine property adjoining the Marina on the northwest side. The pole lights by West Creek Ave. at the northwest corner of the repair building were lighting the Hasseldine property on the northwest side of the Marina. The pole lights by West Creek Ave. between the toilet building and the office building were shining down West Creek Ave. in a northwest direction which in my opinion were into a vehicle operators eyes. Overall I felt that the pole lighting was excessive. Since the pole lights are turned off at 11:00 P.M. I do not see how they can contribute to security. Page "2" - Cutchogue Harbor Marina - Lighting Complaint The Hasseldines and Ms. Huntington told me about multiple complaints they had but I told them I was there to observe the lights only. On June 12, 1992 at 9:30 A.M. I met with Mr. Joseph LaRusso, Partner, Mr. Larry Williams, Partner and Mr. Rick McGuire, General Foreman of Cutchogue Harbor Marina at the Marina. I explained to them about the lighting complaints and my observations on the night of June 9, 1992. We made an inspection of the Marina lighting and discussed possible solutions to the problems. I indicated that the overall intensity of the pole lights seemed to be excessive and that if they reduced the power and redirected the lights, there was a chance we could satisfy the complaints. They agreed to make some changes and call me to set up a night meeting between themselves, the complainants and myself to find out if any further adjustments would be needed. I suggested that they replace a small light they had removed by the ramp on the northwest floating docks to prevent injury. I also told them that other issues might be persued by the Town and that it would be beneficial to them if they made an effort to comply. They were in agreement and told me that they wanted to clear up the matter. VRW:gar cc to: S. Harris, Supervisor M. Kiernan, Assistant Town Atty B. Orlowski, Planning Board Chairman Jo Bredemeyer, Trustees G. Goehringer, ZBA June 9~ 7350 ~&,est Creek Aver~ue C,~![;hogue. NY. !'1935 ]992 Mr. John Bredemeye.~:, President Board of ~rt.'stees Township of Soutbold Town Hall Main Road Southold, N.Y,, ]197] Dear gohn~ As per your request, we have engaged the services oi Roderick Van Tuyl, P.C.~ licensed Surveyor, to prepare an as built; drawing of our marina and our improvements. We will forward a copy to you as soon as the survey is completed. Thank you. Yours very truly, CUTCHOGUE HARBOR LW/sa LONG ISI.AND A [~OATING PARADISE Cul:chogue, N.Y. 11935 June 9, 1992 fo O UTH )LD Mr. John Bredemeyer, Board of Trustees Township of Southold Town Hall Main Road Southold, N.Y. 11971 President Dear John, As per your request, we have engaged the services of Roderick Van Tuyl, P.C., licensed Surveyor, to prepare an as built drawing of our marina and our improvements. We will forward a copy to you as soon as the survey is completed. Thank you. Yours very truly, CUTCHOGUE HARBOR MARINA LW/sa Larry ~liams EASTERN LONG ISLAND, A BOATING PARADISE l)r. ,<;~antord ,J. Searl , }r. P.O. Bo× 999 Cutchogu~, NY 11935 ~;O[ I'HOI,D '?O~'N P l ANNiN(; BOARI) P.O. B,)~ il70 goa~5?] tL'~r'bor N,irJna, bolweert ~ut:chogtt(, llarbor and Wickham' Creek in hou~;e on Gutchogue [lar'l')or', dire~l:]3 acro~;s th~ w~,l [ands from Marina, Right from lh{~ beginning, ~,;~:; sdu>~ked and o:;pecJa] ]y Jn the midst of a resident ial ar~,:; such Can your Board assist the t'~,:;ident~* with llti~ [,r b]em? FLE CK PROPERTY OWN;~SOCIATION , INC. p.~~5 4 CUTCHOGUE, N Y ,11935 June 1, 1992 Planning Board Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Cutchogue Harbor Marina Gentlemen: In July of 1991, the Fleet's Neck Property Ownem Association and individual residents of Fleet's Neck engaged in a series of inquiries and complaints against the Cutchogue Harbor Marina. We claimed that the Marina, in its renovation efforts, had violated state and local environmental laws and local zoning laws. In addition, marina owners and managers displayed indifference to residents during the construction stages and to our efforts to compromise. Specifically: 1. No site plan or SEQR statement existed/exists for this marina when the marina property Is clearly a Critical Environmental Area. 2. Existing men's and women's restrooms were tripled in size and capacity (with permits but without regard to overall impact). 3. Two cesspool rings were installed next to existing ring for restrooms within 30 feet of bulkhead, after hours with no permits or inspection (witnessed by two residents). 4. The reconstructed bulkhead was placed 36 inches landward instead of the allowable 18 inches. 5. The dredging and removal of spoils for fuel tanks was done without required leach and laydown. 6. The legality of a well located in a private residence supplying all potable water to the marina was questioned. 7. The inordinate demand for potable water for transient boaters and boat residences created a threat to a finite and precarious water supply for area residents, 8. No pump-out facility or holdin~ tank exists. 9. The creek waters were/are polluted with fuel, chemicals, detergent and indescribable flotsam and jetsam. 10, The lighting was/is excessive and the security system errant. Nearly a year later, with the above status quo, the following has occurred: 1. Three additional rings for wastewater were installed (two approved by the Board of Trustees, ostensibly for runoff and one not approved for an employee restroom). 2. An automatic underground sprinlding system was installed. 3. Significant landscaping and sod requiring regular and abundant water were planted. 4. A coin operated laundry facility was installed in the restroom building. 5. Temporary lighting was removed for even brighter more intrusive lighting. 6. The establishment of a "convenience store" {their term) selling soda, ice (;ream, newspapers, etc. Planning Board Page 2 of 2 Letters from the Fleet's Neck Property Owners Association, individual residents and a petition signed by area residents were submitted to the Town, more specifically the Board of Trustees, but it is evident that little has been done to challenge Cutchogue Harbor Marina's activities. In light of the additional infractions to the MI zoning use regulations and the impact to a critical environmental area, we are submitting a request for action by the Planning Board. Specifically, has an accurate site plan been submitted? If so, has it been approved blt the planning board? The Board of Directors of the Fleet's Neck Property Owners Association request that our complaints be investigated and addressed. We recognize the rights of the owners to maintain and improve their holdings, but not at the expense of negative impact to our environmentally sensitive wetlands and waterways and the general well-being of our tranquil and rt~ral residential neighborhood. Your immediate attention and response is respectfully requested. ,erely, Bernard Dempsey, Prttsident x~j Fleet's Neck Property Owners Association /mah Mary Anne Huntington 3175 West Creek Avenue Cutchogue, NY 11935 May 26, 1992 Mr. Bennett Orlowski. Jr. Planning Board, Town of Southold P.O. Box 1179 Southold. NY 11971 Dear Mr. Orlowski: I noted with ancillary interest to the intent of the Cutchogue "Town Meeting", March 3, 1992. of the Town's commitment against light pollution. I would like to call your attention to the excessive lighting of the Cutchogue Harbor Marina (formerly Boatmen's Harbor) or~ West Creek Avenue, Cutchogue. In the past year several complaints have been directed to the marina as well as the Board of Trustees (as the lead agency) by ~rea residents and the F~eet' s Neck Property Owners Association for the lighting among several other issues. Specifically: 1. During the boating season (April through October), the overhead lighting is on from dusk to approximately 11:00 pm (later on weekends) and the walkway lighting is on from dusk to dawn. Both appear excessive to the point that daylight is simulated. 2. Some overhead lights are so directed that although my house is 75-100 yards away, I can do hand shadow '~puppets" on my ll~ing room wall. A similar condition exists for at least one of my neighbors. 3. The marina is adjacent to protected wetlands along Wickham's Creek. I question the impact these lights have on the nocturnal wildlife in the creek and environs. 4. The owners and the manager of the marina have been resistant to altering the lights in response to eadier complaints because they were deemed temporary, however the lights recently installed are equally excessive if not worse. 5. The lighting of the winter storage area is extreme as well. 6. I feel that security and safety can be maintained by utilizing any number of options without relying on the overuse of intrusive high intensity lighting. Enclosed are photos I took after 11 :OOpm on Friday, May 22. 1992. I think they adequately display the need for a review of their lighting. Area residents have peacefully coexisted with a marine operation at this location for more than 75 years. The current owners' plan for this Marine ~zoned facility ns a lransient boat marina and for summer boat residences is contrary to Marine I codes, the character of our residential neighborhood, and the lighting is representative of a much larger problem. Without a timely and accurate site plan, anything is possible. I, along with several neighbors, would be appreciative if you could look into this matter. Thank you.~· . / 'S,i,r~,erely, / / Ma~ ~Anne Huntington '~' PLANNING BOARD MEMBERS Bennett Orlowski, Jr. Chairman George Ritchie Latham. Jr. Richard (;. Ward Mark S McDonald Kenneth L. Edwards Tclcphonc (~16~ 765 Ig~g PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town tlall. 53095 Main Road P.O Box 1179 S~.~uthold, New York 11971 Fax (516) 765 1823 February 21, 1992 Donald Betterbed, President Cutchogue Harbor Marina, Inc. 3350 West Creek Avenue Cutchogue, New York 11935 Re: Cutchogue Harbor Marina West Creek Ave., Cutchogue SCTM ~ 1000-110-1-12 Dear Mr. Betterbed: If you recall, in my last corespondence to you of July of 1991, a copy of which is enclosed for your convenience, I indicated that an application for site plan approval to the Planning Board may be necessary in light of work that had been undertaken on site during the preceeding months. Your August response to this letter indicated that the site work consisted of replacement bulkheading that was in accordance with a Trustee permit. At this time, I am writing to ask you to present to the Planning Board an "as built" site plan in accordance with the Board of Trustees's recommendation of February 4, 1992, a copy of which is enclosed for your information. For your convenience, I have enclosed a copy of the site plan checlist, which indicates the information that must be shown, and to what scale. In addition, please be sure to include the following details: Number and location of parking spaces, along with the parking calculations based on the amount of floor area per use (e.g. retail, office, workshop, etc) and the number of boat slips including a breakdown of transient vs permanent slips. Floor plans for buildings and square footage devoted to each type of use. Location of well, septic systems, dry wells and leaching basins, and pump out station, if any.. Dra%nage calculations for existing on-site drainage facilities, including boat wash-down areas if any. Topographical contours at two foot intervals, including highwater mark on shoreline, and the locations of bulkheads, pilings and docks, whether fixed or floating. Location of garbage dumpster, and nature of screening. Location of outside signs and lighting fixtures, and listing of their specifications (e.g. height, type, wattage). Landscaping plan. Elevation drawings showing the building facades. If you have any questions or concerns, please do not hesitate to contact this office. VS/vs Encls. cc: Board of Town Trustees Sincerely, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman Gc,.)rge Ritchie Lalham. Jr Richard G Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765 1938 PLANNING BOARD OFFICE TOWN OF SOUTIIOLD SCOTt L. HARRIS Town Hall. 53(395 Main Roa P.O Box 1179 Southold. New York 11971 Fax (516) 765 1823 CERTIFIED MAIL RETURN RECEIPT REQUESTED July 24, 1991 Donald Betterbed, President Cutchogue Harbor Marina Inc. 3350 West Creek Ave. Cutchogue, NY 11935 RE: Request for Site Plan Cutchogue Harbor Marina West Creek Avenue, Cutchogue Zone: Marine I SCTM~ 1000-110-1-i2 Dear Mr. Betterbed: The Planning Board has been notified of the nature of the work currently under way at your marina. According to Article XXV of the Zoning Code, it appears that site plan approval was required for the nature and scope the work you have undertaken. of A copy of a site plan application is enclosed. If you have any questions, or require additional information, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Victor Lcssard, Principal Building Inspector John M. Bredemeyer III, President, Board of Trustees Scott Louis Harris, Supervisor Harvey Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Robert DeLuca, Suffolk County Department of Health Services TRUSTEES John M. Bredemeyer, 1II, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. TuthilI Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOU~OLD SUPERVISOR SCOTY L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE: Bennett Orlowski, Jr., Chairman Planning Board John M. Bredemeyer, III,~.ldent ~o~eT~SMarina ~ SCTM ~1000-110-1-12 February 4, 1992 At the Trustees January 16, 1992 worksession the Trustees again reviewed the materials submitted by the Cutchogue Harbor Marina and are of the consensus that an as-built site plan should be required of this operation. The plan should contain a detailed accounting of all parking spaces, boat slips, water using or producing fixtures, paint/toxics storage information, Sanitary Systems, sources of surface water run-off, garbage disposal, lighting and such other information as is ordinarily on a licensed survey for water-front uses including but not limited to ordinary highwater mark on undeveloped shoreline, all bulkheads and bulkhead lines, pilings and docks. Please do not hesitate to provide a copy of this memo to the marina owners/operators. The Board is chiefly concerned with the water and wastewater constraints to this site, which we believe are severe. We cannot encourage the operator enough to make provisions for a pump-out station and the handling of pump-out waste should be a high priority for this operation. Thank you for your assistance in this matter. JMB: j mt SOUTHOLO TD'A'N PLAI'JiqING BOARD TRUSTEES John M. Bredetneyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Ir. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-I823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOT'F L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE: Bennett Orlowski, Chairman Southold Planning Board John Bredemeyer, III, President~ Southold Town Trustees Cutchogue Harbor Marina January 13, 1992 In reference to your memo of 12/30/91 I can tell you that we are researching the matter further. We were not entirely satisfied with the return from Mr. Betterbed and Trustee Albert Krupski and I are looking into a purported underwater grant from the Town of Southold from on the survey they submitted. Although the Trustees would encourage you to request a site plan, we believe it prudent to get you more facts before proceeding. Sorry for the delay. Hopefully we can wrap this up in a month. JMB:jmt cc: Albert Krupski TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. TuthilI Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTttOLD SUPERVISOR SCOTt L. HARRIS Town lIall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 19, 1991 Dave Prager Cutchogue Harbor Marina 3350 West Creek Avenue Cutchogue, NY 11935 RE: Cutchogue Harbor Marina Dear Mr. Prager: SOUIHOLD TOWN PtANNING BOARD Several months have based since our July 25, 1991 meeting with you onsite at the Cutchogue Harbor Marina at which time tlhis Board requested you submit us information pertaining to your water and sanitary systems. Please promptly supply this Board with a written history surrounding the maintenance/work performed on your subsurface sewage disposal system for the work which allegedly occurred earlier this year. As previously requested the Board would like details on tile location of all subsurface disposal facilities for you facility and the uses associated with them. The Trustees are very concerned about excess water consumption/waste on site and had also requested you provide us with a copy of the easement by which you convey water under the Town Road to the site. Additionally, the Board would like a copy of the underwater grant from the Town of Southold of August 1, 1931 referenced on the survey of R. Van Tuyl revised survey of January 21, 1987. Absent this information being submitted to us prior to our October 17, 1991 regular meeting worksession we may be left no option but to approach the courts to force discovery of the facts as they pertain to our enforcement of Chapter 97 of the Town Code and protection of the Towns water supplies. We trust the spirit of cooperation you have conveyed in your dealings with the Board to date will continue. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Donald Betterbed, Bernard Demspey, Association President, Cutchogue Harbor Marina President, Fleets Neck Property Owners PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S Mcl)onald Kenneth L. Edwards Telephone 1516) 765 1938 MEMOR3~NDUM 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 TO: FROM: RE: DATE: John Bredemeyer, III, President Board of Trustees Bennett Orlowski, Jr., Chairman '~D~.~'L Cutchogue Harbor Marina SCTM ~1000-110-1-12 August 28, 1991 On July 24, 1991, I sent a letter to Donald Betterbed, President of Cutc~ogue Harbor Marina, Inc., informing him that a site plan may be required for work underway at the marina.. On August 21st, I received the enclosed response. The Planning Board office is unable to confirm whether the work that was undertaken was done in keeping with a Trustee permit because we have no site plan records for this permit. The Planning Board would like to have the response of your Board as to whether additional uses and slips have been added to this site, so that we can determine our response to the enclosed letter. Enc. cc: Victor Lessard, Principal Building Inspector 516-734-6993 3350 West Creek Avenue Cutchogue, N.Y. 11935 August 16, 1991 Bennett Or[owski, Jr., Planning Board Office Town of Southold Town Hail 53095 Main Road P. O. Box 1179 Southold, NY 11971 Chairman Ref: SCTM# 1000-110-1-12 Dear Mr. Orlowski: We acknowledge receipt of your letter dated July 24, 1991, in re- ference to work being done at our marina. Please be advised that we have only replaced "in place" the bulk- heading, in keeping with our approved permit #1-4738-000!)6/00001-0, and an amendment to this permit, which should be on file in Southold Town Hall. Should there be any further information that you require, please do not hesitate to contact me. Sincerely yours, CUTQHOGUE HARBOR MARINA, INC. Donald Betterbed, Presiden~/. DB/lp EASTERN LONG ISLAND, A BOA TING PARADISE 3350 West Creek Avenue 516-734-6993 Cat,:mogue, N.Y. 11935 August 16, 199] Bennett Orlowski, Jr., Planning Board Office Town of Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Ref: SCTM# 1000-110-1-12 Dear 5~r. Orlowski: We acknowledge receipt of your letter dated July 24, 1991, in re- ference to work being done at our marina. Please be advised that we have only replaced "in place" the bulk- heading, in keeping with our approved permit #1-4738-000!)6/00001-0, and an amendment to this permit, which should be on file in Southold Town Hall. Shculd there be any further information that you require, please do not hesitate to contact me. Sincerely yours, CUTCHOGUE HARBOR 5LARINA, INC. Donald Betterbed, Presiden~~? DB/lp EASTERN LONG ISLAND, A BOATING PARADISE TRUSTEES John M. Bredemeyer, III, President IIenry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-I823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT I,. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 August 12, 1991 Mr. Bernard Dempsey, President Fleet's Neck Property Owners Association, P.O. Box 554 Cutchogue, New York 11935 RE: Cutchogue Harbor Marina SCTM ~1000-110-1-12 Dear Mr. Dempsey: With respect to your letter of July 11, 1991 and the letter to you of August 5, 1991 from the Town Supervisor the Board of Town Trustees can offer the following: On July 25, 1991 the Trustees conducted a site inspection of the Cutchogue Harbor Marina. Recent activities on the site range from questionable/under review for legal action to fully permitted and lawful. Future activity planned for the site and discussed on that date with the General Manager, Mr. Dave Prager range from acceptable as maintenance with no permit necessary to those requiring permits and some which we flatly told Mr. Prager would be unacceptable under any circumstances. Completed questionable activities/activities under review Sanitary System: Installation of additional sanitary system elements may have taken place within the 75' local wetland jurisdiction of tlhe Board of Trustees. We are expecting a detailed plan and statement from the general manager within one month to start our investigation in this matter. If the changes made to the system are not within the jurisdiction of the County Health Department the Trustees will have to determine if the work in question was solely a maintenance or repair or an expansion. If an expansion, tile Board may invoke the need of a wetland permit application, may require termination of the purported proposed new laundry service or a combination of the permit and legal action as appropriate. We have asked the General manager to provide us with a detailed plan of all the waste water facilities on site. Since he claims little familiarity with a matter we are concerned may have been intentionally concluded "after hours" in an attempt to obscure inspection, we may need some help from area residents if forced to proceed legally. Dredqing~ The Southold Town Bay Constables as enforcement agents under the Town Wetlands Ordinance have made at least three inspections of the site. The latest included soundings in from of the recently completed bulkhead. It is evident from these inspections that no removal of material occurred which is not ordinary, usual and legally accepted for the replacement of an old bulkhead. There was however inappropriate temporary storage of excavated material resulting from the bulkhead and fuel system replacements. Prior to inspection by the entire Board o~ Trustees on the 25th of July this material was removed from the site. The General manager was informed that any future filling or construction activity within 75' of the wetlands other than repair or replacement of existing functional structures will result in violations issued under the wetlands ordinance. Road end blocked by construction debris, bulkhead blocked b~ barge and crane: As a result of a complaint received these problems were corrected. Although generally self-limited to the construction time involved, the Trustees, and several other Town Departments were asked to contemplate legal action based on the inordinated amount of time the marina blocked public facilities. On the 25th of July, the general manager indicated he was taking immediate steps to correct these problems which he acknowledged should have already been concluded. The Trustees can direct the Bay Constable to enforce future blockage of the bulkhead under Chapter 32 of the Town Code. Construction of the bulkheading: The bulkhead construction on site was lawfully concluded under permit ~3900 issued February 22, 1990. The replacement of the deteriorating walkways behind the existing and replacement bulkheads does not require a permit under the Town wetland ordinance and should be concluded for patron and public safety as soon as possible. Fuel storage: The Southold Town Trustees understand that the fuel storage facilities were installed to Suffolk County Health Department standards for the protection of groundwater and surface water. Recently this Board has begun to contemplate additional requirements for fuel tanks in general. However, the fuel tank replacement for this site was authorized as a part of the bulkhead replacement prior to current discussions in this area which we have commenced several months ago. If there are practical ways the Board of Trustees can help this and other sites with respect to surface spill barriers to protect wetlands and surface waters, we would like to hear your suggestions. Expansion of the private water supplies: The Trustees are concerned that the site will not "mine" water from the adjacent area; particularly in a drought period like the one we are currently experiencing. We have asked the general manager to show us copies of any easement he purports to have which permit him to convey water to the marina from off site beneath Town owned roads. The Town Board of Southold is presently researching the Trustee's authority to regulate groundwater supplies in the Town as we may actually "own" them in Trust for our citizens by virtue of the Andros Patent of 1676. Should this be the case, the Trustees may wish to regulate water usage on sites such as this if it can be si~own to sustain groundwater quantity and quality for the general public. Until this happens we can hope that the site will come under the scrutiny of the County Health Department for both water and sewage systems. Future activities planned: The general manager indicated the operation planned to reorganize boat slips to accon~nodate more vessels and would like to construct a fence and bulkhead on the north side of the property. All such activities would require a wetlands permit from the Trustees. It is the understanding of this office that he current changes noted on site in addition to the expansion will result in the Southold Town Planning Board requiring a site plan review for this site. The Trustees support this approach. The Trustees indicated to the General Manager that we will not: permit any new bukkheading on site which will destroy intertidal marsh as they had been planning. Alternative structures which may encourage the marsh fringe will be considered in the context of the wetland permit on a case by case basis. We will want a pumpout facility and proper surface runoff controls for this site. I hope this reply is helpful to you. I have taken the liberty of copying Mr. Prager so that the helpful and cooperative meeting we had with him on July 25, 1991 will result in the additional information we requested being promptly submitted to our office. The Trustees will continue to monitor this situation closely as we receive or develop the information necessary to act. In the meanwhile I have asked the Trustee clerk, Jill Thorp, to provide you with any help you may need in researching this matter. I would encourage the marina and community to contact us if you have any questions on the wetland ordinance. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt CC: Dave Prager, General Manager, Cutchogue Harbor Marina Planning Board Bay Constables Supervisor Harris Steven Costa, SCDH Chuck Hamilton, DEC Victor Lessard, Principal Building Inspector PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman Ge~rgc Ritchie Latham, Jr Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765- 1'-}38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 25, 1991 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765- 823 Bernard Dempsey, President Fleet's Neck Property Owners Association, Inc P.O. Box 554 ' Cutchogue, NY 11935 RE: Cutchogue Harbor Marina West Creek Avenue, Cutchogue Zone: Marine I SCTM# 1000-110-1-12 Dear Mr. Dempsey: The Planning Board has received a copy of your letter of July 11, 1991, to Supervisor Harris. The property owner has been notified that a site plan application must be filed before any further work is undertaken. A copy of same is attached. If you have any questions, or require further assistance, please contact this office. Encl. cc: Scott Harris, Very truly yours, Bennett Orlowsk±, Cha±rman Town Supervisor PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ri(chic Latham. Jr Richard G. Ward Mark S McDonakl Kenneth L. Edwards Telephone (516) 765 [938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL RETURN RECEIPT REQUESTED Donald Betterbed, President Cutchogue Harbor Marina Inc. 3350 West Creek Ave. Cutchogue, NY 11935 July 24, 1991 SCOTF L. HARRIS Supervisor Tc, wn Hall. 53095 Main Road P.O. Box 1179 Sou(hold. New York 11971 Fax (516~ 765-1823 RE: Request for Site Plan. Cutchogue Harbor Marina West Creek Avenue, Cutchogue Zone: Marine I SCTM# 1000-110-1-12 Dear Mr. Betterbed: The Planning Board has been notified of the nature of the work currently under way at your marina. According to Article XXV of the Zoning Code, it appears that site plan approval was required for the nature and scope of the work you have undertaken. A copy of a site plan application is enclosed. If you have any questions, or require additional information, please contact this office. Encl. cc: Very truly yours, ennett Orlowski, Jr. ~ Chairman Victor Lessard, Principal Building Inspector John M. Bredemeyer III, President, Board of Trustees Scott Louis Harris, Supervisor Harvey Arnoff, Town Attorney Matthew Kiernan, Assistant Town Attorney Robert DeLuca, Suffolk County Department of Health Services FLEET~ECK CUTCHOGUE , N Y , 11935 July 17, 1991 Planning Board Town of Southold Main Road Southold, NY 11971 Greetings: Recognizing your concerns for the protection of our environment and the community in which we live, we have attached a copy of our letter to Scott Harris, Supervisor, Town of Southold. If we have misdirected our initial request for investigation and corrective action, please advise us as to what or who the proper authority should be for the adminisa'ation and enforcement of the construction codes and regulations for environmentally-sensitive areas. Your acknowledgement of receipt of this material and appropriate follow-up by your office and advisement of continuing and future action relative to this project is respectfully requested. Cordially yours, Bernard Dernpsey, President Fleet's Neck Property Owners Association FLEE.~ECK PROPERTY OWN~~SOCiATiON ,INC. CUTCHOGUE, N Y ,!1935 COPY July 11, 1991 Mr. Scott Harris, Supervisor Town of Southold Southold, NY 11971 Re: Major maintenance and reconstruction of Cutchogue Harbor Marina West Creek Avenue, Cutchogue, NY Dear Mr. Harris: The residents of the surrounding area of the above referenced project have observed work procedures that appear to be in direct violation of established cedes and regulations of the Town and other governmental agencies as follows: 1. Installation of cesspool sections to handle restroom drains that are immediately adjacent to waterway bulkheading and do not provide sufficient setback from the waterway. Our concern ~s waterway contamination. 2. Significant dredging and removal of material from the immediate site contrary to regulations requiring immediate laydown for leach and drying for later removal. 3. Installation of new fuel storage tanks and pump station with out spill ground collection barriers to prevent leaching into the waterways. Telephone inquiries to the Suffolk County Health Department indicate no application for cesspool installation is on file, which would indicate a direct violation of regulations and obviously, a direct violation of leaching requirements. It is our understanding that permits are required for all types of construction and reconstrnction work and, to date, we have been unable to identify any posted permits. This letter is to put on the record our request for a summary, by date and file number or other appropriate reference:, of all permits issued for the above referenced project, including work planned but not yet started, and information as to where a concerned party can review the applications for work and permits issued. In the event such required permits have not been issued, it is requested that your office take the necessary action to stop current nonpermitted and incorrect work ~ until: 1. All required applications are filed and pern~its are issued. 2. Current work completed found to be in violation of codes and regulations, be corrected. We recognize the rights of owners to maintain and improve their holdings, but not at the expense of negative environmental impact to the surrounding area. Your immediate attention and response to this inquiry is respectfully requested by July 19, 1991. Respectfully submitted, Signature of Bernard Dempsey~ Bernard Dempsey, President Fleet's Neck Property Owners Association cc: New York State Department of Environmental Conservation North Fork Environmental Council Town of Southold, Board of Trustees Town of Southold, Town Council Suffolk County Department of Health Services FLEET' ~ECK PROPERTY OW ~'ION , lNG. P.; ~554 CUTCHOGUE, N.Y., 11935 COPY July 11, 1991 To the Owners and Managers of the Cutchogue Harbor Marina: For more than fifty years there has been a marina-type operation on W~ckham s Creek on West Creek Avenue and West Road, Cutchogue. These "marinas", under various ownerships, have peacefully coexisted with the residences of Fleet's Neck, and in particular the residences adjacent the marina on West Creek Avenue and West Road. They have kept their design and operation within the character of the community and environment--an old, quiet, established community of moderate to expensive summer and year-round homes located along environmentally-protected wetlands. Many Fleet's Neck residents keep or have kept their boats at these marinas and appreciate the proximity of our boats to our homes. For many years many of us swam, fished and clammed in Wickham's Cr~ek-- enjoying the creek and wetlands. The management of the marinas have cooperated with the residents in keeping nuisances to a minimum, providing personnel and altering situations so as not to offend residents while protecting their investments. We recognize and appreciate your right to improve your facilities, but we seriously question the impact of some of the current "enhancements" and "renovations" to the Cutchogue Harbor Marina on the environment and the existing character of the community. Cited below are some points which we would like to see addressed: Security: h The area floodlights are far too bright and are not well directed. Glare from these lights in our homes is intrusive and we are also concerned about thek effect on the nocturnal wildlife on our adjoining wetlands. 2. A burglar alarm system may be advantageous, but only if there is person in close proximity to respond in a timely manner to its alarm, or a reset feature incorporated. 3. Security measures that are controlled by timers and affected by dips or surges in power are ineffective~-turning lights and fans on at inappropriate times of day and night. 4. It: would appear more efficient and effective and less intrusive to employ a person to assure the security and that lights and fans are appropriately on/off, than support the number of floodlights, alarms, timers and other "high-tech" sources currently in use. 5. The proposed chain-link fencing would be a visual eyesore in the midst of our quaJ!nt, residential area. Noise Pollution: 1. Recognizing that there is a need for ventilation in the restrooms, we maintain that the current exhaust fans are needlessly excessive. Not only are they excessively loud, but being on a humidistat and the erratic timer they are often on at totally inappropriate times of day. Frequently they are on very. early in the morning and very_ late at night. Many times they were on all night, and on occasion they were on several days continually. 2. Exce. ssive noise from parties, boats, vehicles, radios, alarms, loudspeakers, etc. should be momtored. Since the Marina encourages overnight transient accommodations and permits boat "residences", efforts should be made limit hours of parties and excess "social" noise. 3. Except in cases of emergencies, hours of marine operation (and construction) should~e iimited to the "work-day." 4. Work vehicles should meet the New York State requirements for exhaust mufflers. Cutchogue Harbor Marina Page 2 Water Pollution: 1. An on-site pump-out station for effluent from individual boat heads is essential. 2. Fresh water spigots and joints are leaking or broken and cannot be turned off completely. 3. There are no existing rules or guidelines for patrons and guests against: a. Intrusion of wetlands with high-power small boats, inflatables and jet-skis. b. Washing of boats with chlorine bleaches and phosphate detergents. c. Discharging chemical- or fuel-ridden bilge water or engine fluids into the creek. 4. With the addition of laundry facilities and increased restroom facilities and attendant cesspools, there is considerable concern for the quality of our drinking water as well as d/scharge into the creek. Construction: 1. An absolute nightmare to the residents! Piles of dirt, sand and debris everywhere. Dust from work sites and roads filtering into the houses, cars and boats, smelly spoils from dredging, heavy equipment noise, worker's radio noise, interruption of mail and delivery services, visual blight--dumpsters pilings, uprooted shrubs, fencing, construction equipment, worker's litter, since M~u'ch! 2. Construction equipment is blocking, by road and water, access to the Town of Southold dock at the end of West Road. 3. The dumpsters are being used as receptacles for public household garbage and trash. The Board of Directors of the Fleet's Neck Property Owner's Association request that our complaints be investigated and that the peaceful, quiet enjoyment of our homes be maintained in keeping with the tranquil, rural character of our neighborhood, and that our environmentally-sensitive wetlands and waterways be protected. We will be happy to meet with the owners and managers in an effort to reach a mutually agreeable resolution to these problems. It is our interest to maintain the "good neighbor" relationships that we have enjoyed in the past. Sincerely, Signature of Bernard Dempsey~ Bemard Dempsey, President Fleet's Neck Property Owners Association COPY :*$ WORLD )uld Uke To ~ Voui .... I car, vas, · 900-346-3377 ae~ ~inute ~ 2& TRUSTEES John M. Bredcmcycr, IlL Presidcn! Albert J. Krupski. Jr., V/cc Presidcnl Henry R Smith John B. Futhill William G. Albenson l:~IcpNme (516) 765-1892 Fax (51 ¢:,) '765-182 t BOARD OF 1 £ ¥'~ N TRUS FEI'.S TOWN OF SOU'I HOI,D UPLR% ISOR :SCOTT L. } ' ARRI> Town Hall 53095 Main Road P.O, Box 1179 Sots!bold, New Ym'k 11971 Nay 5, 1992 Joseph LoRusso Cutchogue Harbor Marina, 3350 West Creek Avenue Cutchogue~ NY 11935 Re: Cutchogue Harbor Marina SCTM# 1000-110-1-12 Dear Mr. LoRusso: The following actions were taken by the Board of Trustees at their regular meeting of April 30, 1992: Resolved that the Southold Town Board of Trustees grant a waiver to place a drywell in front of shed to contain runoff and to refurbish the driveway and parking area by placing stone in these areas~ Please note that the request for a waiver to construct a ~.oilet and sink facility inside the shed for the exclusive use of the yardmen and mechanics has NOT been approved due to a ma~9.[n vote of the menbers. '~ ' ': If you have any questions, please give us a call. .y~e r y truly o n M. Bredemeyer, III President, Board of Trustees JMB/jmt cc: P!~nning Boarct~~/ Bay '~- ~-mstab.les PLANNING BOARD MEMBERS Bennett Orlowski, Jr , Chairman George Ritchie Lalham~ Jr Richard G Ward Mark S McDonald Kcnnclh 1. Edwards Telephone {516} 7t5-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Donald Betterbed Cutchogue Harbor Marina West Creek Avenue Cutchgue NY 11935 April 22, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southold. New York 11971 Fax {516) 765- 82t Dear Mr. Betterbed: RE: Site Plan for Cutchogue Harbor Marina, West: Creek Avenue, Cutchogue Zoning District: Marine I {M~) SCTM~ 1000-110-1-12 The Planning Board has received the enclosed letter dated February 4, 1992, from the Southold Town Trustees. Please provide an "as-built" site plan containing the information listed in the Trustees memorandum. If you need assistance, please contact staff member Robert Kassner at this office. cc: Victor Lessard, Very truly yours, Bennett Orlowski, Jr. / Chairman Principal Building Inspector BOARD OF TOWN TRt, S 1 t.,_S TOWN OF SOUTI IOLD t ,%Ui'ERVISOI~ / i, !:COTT L, ItARR[S , .~ Ibwn Hall ~095 Main Road EO. Box 1179 New York 11971 April i0, ]992 Mr. Charles T, Hamilton Permit Administrator NYSDEC Bldg. 40 SUNI Rjr,. 219 Stony Brook NY 11794 Re: DEC til-4738-00096/00001.-0 Cutchogue Harbor Marina/dMO Consulting Dear %l~uck. The Southo!d Town Trustees are in receipt coord~nat!on request o£ March 26, ]992 in noted application. of your lead agency ~f,-zence to the above The Southo!d Town Trustees are interested J.n taking lead ; ~- statics ~, . .~.g~ncy '~r this project under the Southold Town wetlands ordinance~ wherein the entire site is jurisdictional for this board, i'¢e nave not y~t: reviewed an pp].~at~on for this proposa ]. The board has bc;en to this site numerous times. We are concerDed uhat the applicants are now attempting to avoid the su~bstantivo requirements of SEQRA in that t~ey have made no mention to you in ~heir application of their request to us to waive }%ir wetlands ordinance to install additional roof drainage ann. insuail an additional bathroon in th b~llQillg wlth wasteline to ..... not~,._l.~d only 30' from surface waters. The board has verbally indicated to the owners/managers on at.- leased -' ~ · ,_hle,= occasions that .it does not want additional bhlkneads on .~ls site, Numerous neighbor complaints were received in 1991, most involving water supply and sewage treatment issues~ Absent major changes~ I will reconunend my board issue a positive declaration w~Ten we receive an application from JMO Consulting. i will. als(} ask for a site plan approval from t. he Southold Town Planning Board and the help of our wetland consu]t, ant. Thank you for your referral in mhz.., matter. S_ncerely, n ~,~. Bredemeyer, III ~resident/ Board of Trustees cc. Building Department .Planning Board / C~C Jf4B/'dl h TRUSTEEs John M. Bredemeyer, III, President Henry p. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuttfill Telephone (516) 765-1892 Fax (516) 765-1823 ':3 ' ."4 ?' BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD TO: FROM: RE: DATE: Bennett Orlowski, Jr. Chairman Planning Board ' John M. Bredemeyer, iii,~ident Board of Trustees Cutchogue Harbor Marina SCTM #1000-110-1-12 February 4, 1992 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 At the Trustees January 16, 1992 worksession the Trustees again reviewed the materials sU3omitted by the Cutchogue Harbor Marina and are of the consensus that an as-built site plan should be required of this operation. The plan should contain a detailed accounting of all parking spaces, boat slips, water using or producing fixtures, paint/toxics Storage information, Sanitary Systems, Sources of surface water run offf ga{bage dzspgsal, llghtlng and such other information as is-ordinarily on ~ lzcensed'sur;ey for water-front uses including but not limited to ordinary highwater mark on undeveloped shoreline, all bulkheads and bulkhead lines, pilings and docks. Please do not hesitate to provide a copy of this memo to the marina owners/operators. The Board is chiefly concerned with the water and wastewater constraints to this site, which we believe are severe. We cannot encourage the operator enough to make provisions for a pump-out station and the handling of pump-out waste should be a high priority for this operation. Thank you for your assistance in this matter. Jb~3: j mt SOUIHOLO PLANNING B0~P9 TRUSTEES John M. Bredemeyer, III, President Henry P. S~nith, Vice President Albert J. Kmpski, 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: Bennett Orlowski, Jr., Chairman Planning Board John M. Bredemeyer, iii,d~/~dent Board of Trustees ~ Cutchogue Harbor Marina [~/ SCTM #1000-110-1-12 February 4, 1992 At the Trustees January 16, 1992 worksession the Trustees again reviewed the materials submitted by the Cutchogue Harbor Marina and are of the consensus that an as-built site plan should be required of this operation. The plan should contain a detailed accounting of all parking spaces, boat slips, water using or producing fixtures, paint/toxics storage information, Sanitary Systems, sources of surface water run-off, garbage disposal, lighting and such other information as is ordinarily on a licensed survey for water-front uses including but not limited to ordinary highwater mark on undeveloped shoreline, all bulkheads and bulkhead lines, pilings and docks. Please do not hesitate to provide a copy of this memo to the marina owners/operators. The Board is chiefly concerned with the water and wastewater constraints to this site, which we believe are severe. We cannot encourage the operator enough to make provisions for a pump-out station and the handling of pump-out waste should be a high priority for this operation. Thank you for your assistance in this matter. JMB:jmt '1 P, US'I'EES · John M. Brcdcmcyer, ill President Albert J. Krupski. Jr., V~cc President Henry R Smith John B. Tulhili William G. ,Mbcnson 2~lephone (516) 765-1892 Fax (516) 765d823 April i0, 1992 BOARD OF TOWN TRUSTEES TOWN OF SOUTItOLD Mr. Charles T. Hamilton Permit AdlninJ. strator NYSDEC Bldg. 40 SUN~~ Rm. Stony Brook NY 11794 219 Re: DEC I~1-4738-00096/00001-.0 Cutchogue I4arbor Marina/JblO Consulting Dear Chtick. SUPER¥1SOt'. ~1( SCOTT L HARRIS 7bwn Hall 53095 Main Road Re. Box 1179 Southoid, New York 11971 SOIJTHOLO !O'¢iN . PLANNING I;O),R D The Southo!d Town Trustees are in receipt of your lead coordination request of t4arch 26~ 1992 in reference to noted application. agency the above The Southold Town Trustees are intez'ested J_n taking lead agency status for this project under the Southold Town wetlands ordinance, wherein thc entire site is jurisdictional for this board. We have not yet reviewed an application for this proposal. The board has been to this site numerous times. We are concerned that the applicants are now attempting to avoid, the substantive requirements of SEQRA in that they have made no mention to you in their application of their request to us to azve our wetlands ordinance to install additional roof drainage ¢('nd install a~ a~d~{~.l-]3~t~ro~h~-_s..~.t&~}or]~lo~ "bu~J. id~ w~th W~t~[~-~ -~-~'~:t[i~-~hL-~6~it~-~ sanitary ~i~ities installed only 30' from surface waters. The board has verbally indicated to the owners/managers on at- leased three occasions that it does not want additional bulkheads on this site. Nunlerous neighbor complaints were received in 1991, most involving water supply and sewage treatment issues. ~sent major changes, I will rec~m~,_~D~m~ ~oard issue a positive declaration when we receive an aPPllCati0~' from JMO Consulting. Z will also ask for a site plan approval from the Southold Town Planning Board and the help of our wetland consultant. Thank you for your referral in this matter. Sincerely, ~ M. Bredemeyer, III ~r~sident/ Board of Trustees cc. Building Department Planning Board / CAC · JMB/djh PLANNING BOARD MEMBERS Bennett Orlowski, Jr. Chairman George Ritchie Ladmm, lr Richard G Ward Mark S McDonald Kenneth 1. Edwards Telephone {516) PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Ri)ad P.O. Box 1179 Southold, New York 11971 Fax (5161 765-1823 February 21, 1992 Donald Betterbed, President Cutchogue Harbor Marina, Inc. 3350 West Creek Avenue Cutchogue, New York 11935 Re: Cutchogue Harbor Marina West Creek Ave., Cutchogue SCTM ~ 1000-110-1-12 Dear Mr. Betterbed: If you recall, in my last corespondence to you of July of 1991, a copy of which is enclosed for your convenience, I indicated that an application for site plan approval to the Planning Board may be necessary in light of work that had been undertaken on site during the preceeding months. Your August response to this letter indicated that the site work consisted of replacement bulkheading that was in accordance with a Trustee permit. At this time, I am writing to ask you to present to the Planning Board an "as built" site plan in accordance with the Board of Trustees's recommendation of February 4, 1992, a copy of which is enclosed for your information. For your convenience, I have enclosed a copy of the site plan checlist, which indicates the information that must be shown, and to what scale. In addition, please be sure to include the following details: Number and location of parking spaces, along with the parking calculations based on the amount of floor area per use (e.g. retail, office, workshop, etc) and the number of boat slips including a breakdown of transient vs permanent slips. Floor plans for buildings and square footage devoted to each type of use. Location of well, septic systems, dry wells and leaching basins, and pump out station, if any. Drainage calculations for existing on-site drainage facilities, including boat wash-down areas if any. Topographical contours at two foot intervals, including highwater mark on shoreline, and the locations of bulkheads, pilings and docks, whether fixed or floating. - Location of garbage dumpster, and nature of screening. Location of outside signs and lighting fixtures:, and listing of their specifications (e.g. height, t!rpe, wattage). Landscaping plan. Elevation drawings showing the building facades:. If you have any questions or concerns, please do not hesitate to contact this office. VS/vs Encls. cc: Board of Town Trustees Sincerely, Bennett Orlowski, Jr. Chairman TRIfSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice Presidem Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tulhill 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 :: Bennett Orlowski, Chairman $outhold Planning Board John Bred~meyer, III, President~¥~.~ $outhold ~own Trustees Cutchogue Harbor Marina January 13, 1992 In reference to your memo of 12/30/91 I can tell you that we are researching the matter further. We were not entirely satisfied with the return from Mr. Betterbed and Trustee Albert Krupski and I are looking into a purported underwater grant from the Town of Southold from on the survey they submitted. Although the Trustees would encourage you to request a site plan, we believe it prudent to get you more facts before proceeding. Sorry for the delay. Hopefully we can wrap this up in a month. JMB:jmt cc: Albert Krupski MEMORANDUM TO: FROM: RE: DATE: John Bredemeyer, III, President Board of Trustees Bennett Orlowski, Jr., Chairman Cutchogue Harbor Marina SCTM ~1000-110-1-12 December 20, 1991 On August 28, 1991, I sent a memorandum asking whether your Board felt that a site plan should be filed for the changes that were made to this site. At that time, you indicated that the Trustees were waiting for a suitable written response from Donald Betterbed, the president of Cutchogue Harbor Marina, Inc., before making a determination. Have you been able to resolve this matter? Town Hall. 53095 Main Road P.O. Box 1179 Southold. New Tork 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 23, 1989 Gary Flanner Olsen P.O. Box 706 Main Road Cutchogue, New York 11935 RE: Dear Mr. Oisen: The Planning Board reviewed the Proposal for Dr. Sciotto SCTM~ 1000-110-1-12 Olsen File ~4877 above mentioned proposal to set off the parcel with the two houses from the rest of the property. For reasons including the fact that the set off would be creating an undersized lot with two dwellings, the Planning Board would not look ~avorably upon such a division of the land. Please contact the office if you have any further questions. /~.jyery truly y. Qtk-rs ,/? '' ) / /' / /, /," / BENNETT ORLOWSKI, JR. CHAIRMAN GARY FLANNeR OLSEN CCUNSELLOR AT LAW January 20, 1989 Re: Dr. Frank Sciotto - Planning Board Our File # 4877 Dear Mellssa: Enclosed please find a survey that I wish to discuss with you at our meeting on Tuesday, concerning setting off the parcel with two houses from the rest of the property. Very truly yours, GFO:]mk Enclosure Planning Board Town of SouthoId Town Hail Southold, NY 11971 Attn: Melissa "GARY F~Z~NN~R' oLdEN ,'].,~:;~/'..~ GARY FLANNER OLSEN COUNSELLOR AT LAW p.O. BOX 706 · MAIN ROAD · CUTC JUDITH T. 'FERRY TOWN CL~RK REGISTRAR O} VITAL $ [ATISTICS --..ff-r~hHatk '~30c~-5-Main Road EW YORK 1193,5 ' PHO Southold. New York 1197I [A~(516~765-1823 ii~LkP!tONE (516) 765-1801 TO~OF~U~[~ Frank Sciotto with Planning Board Our File ~4877 Dear Dr. Sciotto: Please be advised that I had a meeting on January 24, 1989 with Melissa at the Southold Town Planning Board, and I explained to her your intentions concerning setting off the two house parcels to the south end of the property. She indicated that she would be reviewing the survey which I submitted to her and would check the provisions of the new Master Plan and then would get back to me as to whether or not your proposed application would be feasible. As soon as I have heard further from the Planning Board, I wilI get in touch with you. Very truly yours, GFO:af Dr. Frank Sciotto 109 Carlton Avenue Central Islip, NY 11722 CC: Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Attn.: Melissa Y FLANNEI~ OLSEN / / F_ tV 6 ~5 ~ 7__o qdO 7 Co 17. Article XI is repealed and a new Article Xl is added in its place to provide as follows: ARTICLE Xl Marine I (MI) District Section lQ0-110. Purpose. To provide a waterfront location for a limited ranc~e of water dependent and water related uses which are those uses which require or benefit from direct access to, or location In marme o.' tidal waters but which are located within the Town's tidal creek~ Section 100-111. Use Re~]ulafions. In an MI District, no buildine] or premises shall be used and no buildin~ or part of a buildinq shall be erected or altered whicl. is arranc~ed, intended or designed to be used. in whole or ~. part, for any uses except the followinf]: A, Permitted uses. (1~) One (1) One-family detached dwellinq per sinc21e and separate lot of record in existence as of the date of adoption of this local law. Marinas for the docking, mooring and accommodation of fuel and oil primarily for the use of boat~ (3_~) /Boat docks, slips, piers or wharves for pleasure or fishing trips or for vessels en~L~ged in fishery or sheiifishery. Boat yard for buiIdincj, storing, repairing, rentinc~., selling or servicing boats which may include the (5) Boat and marine en~line repair and sales and display, (6) Buildinc]s, structures and uses owned or operated by and Fire Districts. Retail sale or rental of fishing, divino, bathino yard of ships loft or chandlery. Uses perr~it t ed by special excep_tion by the Board of C. Accessory uses, limited to the followinc~: (1) Accessory uses as set forth in and recjulated by Section 100-31C (1) through (7) of the A~rtcultural-Conservatlon District, and subject to the conditions of Section 100-33 thereof. (2..~.) Signs, as set forth in and re(]ulated by Section 100-81C {2) of Limited 13u$iness District. Section 100-112. Bulk, area and parking requirements. No buildinq shall be used and no buildin~ or part thereof shall be erected or alter~ in the MI district unless the same conforms with the 13u[k Scheuule and Parkincj and Loachnc~ Schedules incorporated into this chapter, by reference, with the same forc~ and effect if such re<~ulations were set forth here~n in full. '1 Ii lLi,~l J,~t~ ~ s Igsg L~I Gcl-~ I1O-I- IS, 2ct~-ttt~ doc~ ¢ // / / q .%. '% 5u ffo [ l,~ No.: tOO:D- ~jO- !- [~ // ii ,r ] N4~p ,.}~ o~ r0 eO,~O ~:t::~'~c~ V~N TOvc., FTC:,