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HomeMy WebLinkAbout1000-34.-5-21 t5 "'( ct ~ st ~ ~ \j NOTE' I. 2. ~s '<>0..0/."" c30" //0.0.0.' E: new Or 4'onCy I'o.r-,>- "ier/y kOl!'hl 'I!'r y /"'" d,~ 4/l/ 0"4/l/SE;- , , -______ : i ___________ 'I ----, I E'O LINe or ,',., vtRGRc, "', EN SII~ ,'~I . - '\ ,'~,' ..., ------. I~ ------------ : {~~ PAIN ~ -- ~ I~ ~e~?(;C" 0,1:" ""4v t:4fC,,", T:--... --->...- ~ ~ ~ il' ~ ~ ~03et;O 93 et; ~ ~ '?Ot,... 0.,- VO/elil!' . . AREA TO TIE LINES: 3,780 SQ. FT. sun: CO. TAX MAP' DIST. SECT. BLK. LOT 1000 034 05 021 3 ElEVAl'JONS ARE REFERErKE~ TR APPROXIM~ IE M' L 4. ZONING USE DISTRICT: 'c' LIGHT INDUSTRIAL DATE :)ArUM I'or/-?I!'r/y kr00er ~-_..-- ~AR!( ON .; NK OF SIGN ON BUiLDING FRONT 13' X 3' EL -- 5 I AVENUE -r==PLANTER /,~ '0 2-8'X3'LEACH~N6' POOLS - FOR SHOWER EFFLUENT POLE 8 LAMP (5U WATT INCANDE5C N ",..- WArER MAIN 534057'20. E 44.99' POLE POLE .. ---- ,'. L.J "- HJB SET, J1,(C'C'Oo.~' --..;; '" r ~o." '. 33.3e' Iv. EL "36 C'> ~. ~ '-\"::> 'lL . c. \" 0 0 o - - '- ~. -- O~'?. ~O~ ..... '-" ~ 1"1'\0 ~ ....-"l. ...... ":) -..L ~ . o - ~ '-" - ..... , \ ~~~Z~~~D ". '. " " " -"- rlC L/~ "'0 ... N6' 41',0,9 I'f.jy... 0......, r'e " "%. ~ o """ "" IJ"\ '-. ,'<iq, . ~(;) ,"' I,: <0 .(;) 12 ~ 1Vi'''''5310'' _. Iv. ..~ """I?~ LAMP (60 WAT1,ODIUMJ IJ"\, ~ -:n c:. <S> IJ"\ STER!.. lIVe L4Mp (so Ht4TT SODIUAf) '.5 2'L4MPS o W4T r lIVe: 4VDESCENl7 B4S/1V f603 - L.AMPS WATTINC4 NDEseE/IT) LINe OF EVERGREEN SHI?UB.S 900 G TIGHT ~ 4[. W4TE'R HOLDING 'ONOLlT!ifC T4NK REVISIONS YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK UNAUTHORIZED ALTERATION OR ADDITION TO TlHS SUR....E.,. IS A ....IOLATlON OF SEC.TiON 7209 OF Tl-IE NEW YORK STATE EDUCATION LAW AUG 28, /985 OEC./3,/985 JAN. 2/./986 JAN 27,/986 4PR /9,/986 MAY /, /986 SURVEY FOR: KATHRtNE FARR ALDEN W. YOUNG PROFESSIONAL ENGINEER AND LAND SURVEYOR, N.Y.S_ Lie. NO. 128415 HOWARD W. YOUNG LAND !JURVEVOR N. Y. S. Lie. NO, 4"883 CQPIE$ OF nns SURVEY MAP 1II0T BEARING THE LANO SURVEYOR'S INKED SEAL OR EMSOSSED SU,L SHALL NOT BE CONStOERED TO BE A VALID TRUE copy y AT GREENPORT TOWN OF SOUTHOLD GUARANTEES iNOiCAHD HEREON SHALL RUN ONl_f TO THE PEASON fOR WHOM THE SURVEY IS PREPAkED, AND ON HiS BEHALF TO THE TITLE COMPANY, GOvERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES Of THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL IIIISTITUTIOIIIS OR SUBSEQUEIIIT OWNERS. SUFFOLK CO., N. Y. . BY SCALE, I": 20' DATE: . .. Planning Board Page 8 4/14/86 San Simeon Retirement Community - Pastor Gary Ettlemeyer was present and asked for a clarification onthe Board's action. The Chairman explained that this was the next step in the review process. The Building Department will review the site plan and the conformance with the zoning. If it can be certified, the plan will come back before the Board for final action. * * * * * * * * * On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board refer the site plan of Michael and Joy Domino to be known as "Crackerbarrel Antiques" to the Building Department for certification. This proposal is for construction of an addition on an existing building to be used for storage and retail use. presmises is located at Main Road, Greenport. Survey dated as amended March 31, 1986. Vote of the Board: Ayes: Orlowski, Mullen, Ward, Edwards * * * * * * * * * Katherine Farr - The Board reviewed this as-built site plan for a boat brockerage located at Manhansett Avenue, Greenport. The Chairman noted that by removing the existing posts additional parking could be provided and this will satisy the previous Board resolution requiring 5 parking spaces of the minimum length and width. Correspondence had been sent to the applicant requesting an amended site plan with this information. On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOVLED that the Southold Town Planning Board approve the as built site plan for Katherine Farr, for a boat brockerage, located at Greenport, subject to receipt of the amended site plan as requested. to accommodate as-built situation for parking. of the Board: Ayes: Orlowski, Mullen, Ward, Edwards * * * * * * * * * John and Dorothy Moeller - The Board reviewed the correspondence from the Suffolk County Planning Commission regarding this subdivison at Mattituck. The Suffolk County Planning Commission had denied the subdivision since the lots did not front on an existing or proposed public road. The Board also reviewed correspondence from the Executive Administrator of the Building Department indicating that this road had been in existancefor many years. It was currently used for other homes in the area and certificates of occupancy had been issued on other properties. On a motion made by Mr. Mullen, seconded by Mr. Ward, it was RESOLVED that the Southold Town Planning Board override the resolution of denial from the Suffolk County Planninq Commission for the John and Dorothy Moeller subdivision located at Mattituck for the reasons outlined in the March 31 memorandum from the Executive Administrator, Victor Lessard. '\T......~..... ......c ...'h..... 0............,.....4. 7\~,.,.......... {"\.....l......,..,......1r.; M"l 1,....,..... t..T............::! l:'~T.T.,.,V-.4<"':' . . ~: - . . T p Southo1d, N.Y. 11971 (516) 765-1938 April 3, 1984 Mr. Richard Lark Main Road Cutchogue, NY 11935 Re: Kathrine Farr Site Plan Dear Mr. Lark: A quorum of the Board met following field inspections March 30, 198t at the Town Hall and the following action was taken. RESOLVED that the Southold Town Planning Board ~end the resolution of December 5, 1983, with regard to the conditional approval of the "Kathrine Farr" Site Plan to reflect Counsel Lark's resolution dated March 20,1984. A copy of the resolution will be filed with the Zoning Board of Appeals. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Zoning Board of Appeals . . MAR 23~84 . WHEREAS, following the Town of Southold Planning Board's December 5, 1983, resolution conditionally granting a proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, further conferences were held between the applicant's attorney, the Board's attorney and the Chairman and members of the Board in an effort to seek clarification of the Board's intent and more precise definition, and WHEREAS, proposed amendments to the prior resolution were heretofore advanced and considered, NOW, THEREFORE, BE IT RESOLVED, that the aforesaid resolu- tion of December 5, 1983, is amended so that the resolving paragraph reads as follows: RESOLVED, the proposed site plan for Kathrine Farr for pre- mises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: 1. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a special exception pur- suant to SlOO-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. 2. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a variance for insufficient front and rear setbacks in order to construct an office building on the premises. 3. After receipt of both the required special exception and variance from the Southold Town Zoning Board of Appeals, the applicant will submit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for five (5) cars with minimum length and width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals. (c) Proposed fencing along Manhanset Avenue and the adjoining property to the south. (d) Proposed ingress and egress to the property from Manhanset Avenue within 40 feet of the southeast corner of the premises. " 4. In addition, the applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be . . . .. recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following Covenants and any of those that may be imposed by the Zoning Board of Appeals: (a) No storage of fuel on the premises for retail sale. (b) No hauling of boats greater than 14 feet in length from the premises. (c) No outside storage on the premises of boats greater than 14 feet in length. (d) No storage of boats outside of chartered boats or boats owned by the applicant. (e) No repair of boats on the premises except boats owned or chartered by the applicant. (f) The docking of boats on the premises shall be parallel to the existing bulkhead. (g) Ingress and egress to the property from Manhanset Avenue will be limited to within 40 feet of the southeast corner of the premises. (h) No retail sales on the premises, except boats. (i) No stormwater runoff resulting from the construc- tion of the office building and parking area shall be discharged on to Manhanset Avenue. (j) Compliance with Suffolk County Department of Health services requirements and standards for an office building. (k) One (1) year site plan review by the Planning Board, and it is further RESOLVED that the Secretary of the Planning Board file a copy of this amended resolution with the Southold Town Zoning Board of Appeals. ~~~ . T D Solllhold. NY 11971 Itl',NkY I' I<A YNOK. JJ . ('Jumffllltl 'AMI,S WAil IW.NNET" ()HI.,:)WSKI, JI, (;EOI{(;I'.IU(('IIIL LATIIAM,JE. WILUAM F. MULLEN, k TELEPHONE 765. 1938 December 9, 1983 Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, relative to the Planning Board's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the applicant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: 1. The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. e (7) vy{ " . . Stanley Corwin, Esq. RE: Kathrine Parr - Site Plan -2- December 9, 1983 2. The Applicant, Kathrine Parr, obtaining from the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the premises. 3. After receipt of both the required Special Exception and Variance from the Southold Town Zoning Board of Appeals, the Applicant will sub- mit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Proposed fencing along Manhanset Avenue and adjoining property to the south. 4. In addition, the Applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of fuel on the premises. (b) No hauling of boats from the premises. (c) No outside storage. (d) No repair of boats outside of chartered boats or boats owned by the Applicant. (e) No more than five (5) boats shall be docked on the property at anyone time. (f) Ingress and egress to the property from Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sales on the premises. . St!an'lelf . RE: Corwin, Esq. Kathrine Farr . -3- . December 9, 1983 - Site Plan (h) No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. (i) Compliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. When the above conditions have been met, the Chairman will endorse approval; two copies will be returned to your office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Gerard P. Goehringer, Chairman Soul:hold Town Zoning Board of Appeals . . ~ ~ ,'''' LlBER 9'756 1m 562 ~ avr ~ 0.{, ~~~i':~>,,- .i'.. "~y. ~b~ ~~j ,~'(l DIST. 1000 SEC. 034~ BLK. 0500 LOT 021~ Declaration and Covenants Th is Dec 1 a rat i on and Covenants is made the (,'7"" day of Fe. b " II 6 v '" , 1985, by Kathrine Farr, residing at Main Road, Orient, New York, hereinafter referred to as the Owner. The property affected by this instrument is situate at Greenport in the Town of Southo1d, County of Suffolk and State of New York and is bounded and described as follows: Beginning at a point on the westerly side of Manhanset Avenue distant 248.85 feet in a general southerly direction along said westerly side from the intersection formed by said westerly side with the southerly side of Champlin Place, and running thence S. 340 57' 20" E. along the westerly side of Manhanset Avenue 132.76 feet to a concrete monument and land of Patricia Marie Kohl and Sara Preston Costello, thence along said last mentioned land S. 230 48' 10" W. 56.47 feet to a point, thence along a bulkhead marking the ordinary high water mark of Sterling Basin the following five courses and distances (the fifth course and distance being a tie line along the approximate ordinary high water mark of Sterling Basin); (1) N. 250 28' 40" W. 90.09 feet, (2) N. 63003' 50" E. 11.46 feet, (3) N. 240 53' 10" W. 44.17 feet, (4) N. 650 06' 50" E. 7.08 feet, and (5) N. 220 07' 50" W. 33.38 feet to the point and place of beginning. A. Because of the limited area of the premises, the boundary on tidal waters, the absence of a public sanitary sewage disposal system serving the premises, conditions imposed by the Suffolk County Department of Health Services and the Planning Board of the Town of Southo1d, the Owner makes the following Declaration and imposes upon the said premises the following restrictions and covenants: 1. The premises will be used principally for yacht rental and marine brokerage. 2. Other than bu1kheading and docks the only structure to be erected on the premises is an office and storage building approximately 16 x 20 feet. 3. Until such time as a public sanitary sewage disposal system or some other approved system is available and connected there shall be no leaching of toilet facilities; any toilet facilities shall be of a low flow type, designed to enter a water tight monolithic holding tank with a capacity of 900 gallons for the routine pumping of which the Owner will at all times maintain a contractual arrangement with a proper disposal service. 4. Any shower facilities in the building to be erected on the premises will be connected to an on site leaching system consisting of at least two pools eight feet in diameter and three feet deep. 5. No fuel for reta i 1 sale wi 11 be stored on the premi ses. 6. No boats other than chartered boats or those owned by the Owner will be stored or repaired on the premises. 7. The docking of boats on the premises shall be parallel to the existing bulkhead. 8. Ingress to and egress from the property to Manhanset Avenue will be limited to within 40 feet of the southeast corner of the premises. r L1BER 9756 PACE 563 9. Other than of boats there shall be no retail sales on the premises. 10. No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. I Except as otherwise provided herein these restrictions and conditions ., ""n .nd be binding on the Owner, her heirs and assigns .. <"~n ,nnrove abandonment, relief STATE OF NEW YORK County of Suffolk ss.: I, JULIETTE A. K/NSE the State of N LLA, Clerk of the C )?~~:~:~t i,n h~~~ :~~s;~~e~~f%~f(;~i~o~o~~~ ~~~~f ~he Supreme Court of and that it is a on ~ -lol, "Pr ~nnexed COpy of .u. _ oy!t of ~"ordJ DO ofth Just and true co =-- /O:,j-"fI -~Yl- e whole thereof. py of such original ~';.:;:(_....L~ Q > J'f, r v'1.-{ IN TESTIMONY WH and . unty and Court this ER~~, I have hereunto ~t_ '!!Y hand day of 17~ and affixed the seal of . . .. .. . . . . . .. .. ~ 19 f>.r- saId ................ /7 d .A ..~..~....... Clerk. 12-109: 1/84 COUNTY OF SUFFOLK ss: On the 1<>+'<1 day of(i~<<-f 1985 before me personally came Kathrine Farr to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary !ub1ic MARY BESS PHILLIP, NOTARY PUBLIC, State of NfilW 'Iqf'f No. 469C915 Cualified in Suffolk, County C>mmi"iQn Expi... March 30. I ~ ~ r-' ,- r Declaration and Covenants by ~ ........ KATHRINE FARR ~ w/s Manhanset Avenue Greenport Town of Southo1d County of Suffolk New York 1000 - 034 - 05 - 021 ~ to ~ ..,. '-" ;:!; co ~ r- '" Record and return to: STANLEY S. CORWIN, P.C. P.O. Box C Greenport, New York 11944 L ~ ~ ~ -' . l:1QU6IJ' ,U~'I{''J~ nt\C' '. ~<~. 11.1.1' ~'l'l1. ~ \. tl ~tt\ . ,., )... \)\ )..1:1+ ,'t. I''''\(\~\()~~~ . C' . .. May 8. 1986 Bennett Oriowski, Jr. Southold Town Planning Board Southold. NY 11971 Dear Mr. Oriowski. In compliance with your recommendation re: site Plan for Kathrine Farr dated April 3. 1986. 6 side plans showing the recommended change are enclosed. ~3)~ Kathrine Farr P.O. Box 568 Greenport. NY 11944 cc: Richard Lark, esq. Stanley Corwin, p.c. T . . D y Southold, N.Y. 11971 (516) 765-1938 April 3, 1986 Mr. Wornall Farr P.O. Box 568 Greenport, NY 11944 Re: Site Plan for Katherine Farr Dear Mr. Farr: It is the Planning Board's recommendation, following a field inspection, that you remove the bollards and ropes to provide for the two extra parking spaces to meet the total of five required. These parking spaces must be a minimum of 10' X 20'. Would you please revise the site plan in accordance with the above recommendation and forward six (6) to the Planning Board Office. BO:dms cc: Richard Lark, esq. . MAR 2 5 1986' cw':"" 3 ' ;,,3, '~.)(j ? tC,)_ en C) 'kl . I' , v 1--)1.p~ --Tn] i, U f" -.1 ~J._< '--. t !~yl:..i_! 24 March. 1986 Planning Board Town of Southold Southold. N.Y. 11971 Re: Site Plan for Kathrine Farr Gentlemen: Please let me know when you will be able to schedule a site plan inspection of Kathrine Farr's property located at 1100 Manhanset Avenue. Greenportt N.Y. This letter is a follow up to my Jetter of 17 March. 1986 to which no response has reached me as of this date. Sincerely yours~ V~*~ Wornall F. Farr Box 568 Greenport, N.Y, 11944 9. e,. vn5~CW ~ E l:>w 3\ d-t?E:(., . . MAR 1 8 7986 17 March,I986 Planning Board Town of Southold Southold. N.Y. 11971 Re: Site Plan for Kathrine Farr Gentlemen: It respectfully the property of Greenport,N.Y. requested that a Site Plan Inspection be made of Kathrine Farr located at 1100 Manhanset Avenue, A review of the enclosed documents and an inspection will show that the agreements and resolutions of the Planning Board, The Town Board and The Supreme Court of the State of New York have been met. Sincerely yours, W'~*~ Wornall F. Farr Box 568 Greenport. N.Y. 11944 Ene: N.Y. Supreme Court Decision September 28, 1983 Declaration and Covenants files in Property Deed Planning Board Letter of September 5, 1985 Copy of Town of Southold waiver of provisions of Local Law No.14 - 1985 I Present: Hon HARVEY W. SHERMAN . . SUPREME COURT - STATE OF NEW YORK MAR 18 1986 llmXl.X./SPECIAL TERM, PART I SUFFOLK COUNTY c -,,~) :\\[.J ' ..(\ <.'0 .'\\ t<'~,{~'rION DATE or :~..I . ~.~' . -"".:> I";) J\<J.'.J' ...\.,<,.' <.~~OTlON NO. .-.(......... C"_\_ S'\oo J 0', . .\;" O\~ }PXX6(s/PET'S A TTY: " :?I"',\ CO'"< x. ';,,0 ~O\ STANLEY S. CORWIN, P. C. \>.. t, 0' li;.~) '\~\-(\ 634 First Street, Box C 'l~\S' 'f'\':. '(\; xl6'~i tioner, Greenport, New York 11944 .{C~ ."YY \:..\.0 \\- "\\\'.... \; '(.~'>I \~ . .~IN~t. S,\f"" PLANNING BOARD, Justice 9/26 8,489 8,490 '9~ KATHRINE FARR, . Respondent. 1:l~/RESP'S ATTY: RICHARD F. LARK, ESQ. Main Road, Box 973 Cutchogue, New York 11935 SOUTH OLD TOWN j Upon the following papers numbered 1 to ceedinq and to dismiss said oroceedinq 17 read on this IHIXIiow II rt ; '" 1" 7 R !1rn- Notice of Motion/Order-to-Show-Dtmse and supporting papers 1-8: 12 and supporting papers ; Answering Affidavits and supporting papers Replying Affidavits and supporting papers Other 11: he~ring- coumel-in-support-af- and- "Opposed 'to -the ",crtion) it is, ; Notice of Cross Motion 9-10 13 -17 ; (and-after ORDERED that this motion by respondent to dismiss this Article 78 petition because it is jurisdictionally defective, it seeks review of a non-final de- termination and it does not state a cause of action, is decided as follows: Petitioner seeks to vacate a determination of the Southold Town Plannir Board which disapproved her proposed site plan. Petitioner desires to estat lish a yacht rental and marine brokerage business on waterfront property in the Town of Southold. On April 14, 1983, petitioner applied for a building permit to construct an office and storage building. The application was der because petitioner was required to obtain a special exception from the Zonir Board of Appeals. Upon application for the special exception, petitioner We informed that she needed "written comments, recommendations or approval by t Southold Town Planning Board concerning this site plan." Petitioner appliec for the Town Planning Board approval which was denied at their regular meetj on July 25, 1983. Respondent argues that the petition is jurisdictionally defective becaL it was captioned notice of motion instead of notice of petition. The Court finds this mistake to constitute an irregularity to be disregarded. Responc was properly served and notified. CPLR S200l. Respondent further argues that the petition should be dismissed becaUSE it is based on a non-final determination and that petitioner has additional D~ed: ---------------------- J. S. C. 31.158: . ~ . ~ . . PAGE 2 FARR V. SOUTH OLD INDEX NO. 83-15414 MOTION NO. 8,489 8,490 course under the zoning code. The zoning code of the Town of Southold clear: requires site plan approval 'by the Town Planning Board prior to the issuance of a building permit by the building inspector (Code of the Town of Southold S100-141 subd.C) or the granting of a special exception by the zoning board ( appepls (Code of the Town of Southold SlOO-80). In addition, a building perl may not issue until the board of appeals has granted the special exception. Code of Town of Southold SlOO-141 subd.D. The procedures for site plan appro are set forth under SlOO-133 of the Code. A pre-submission conference is to be held. Within 6 months after the conference, the site development plan is to be submitted to the building inspector. The building inspector is to cer tify whether or not the plan meets the requirements of the zoning ordinance. Seven days prior to the planning board meeting for approval of the plan, the building inspector is to 'transmit his certified site development plan to the planning board. The planning board must act to approve or disapprove within 90 days of its meeting and must submit written findings. The parties agree that a pre-submission conference was held on July 11, 1983. However, without having received the certification from the building inspector as to whether the plan conformed to the zoning code, the planning board, at a regular meeting, disapproved the site plan and informed the peti- tioner of the disapproval by letter dated July 26, 1983 which stated that th, site was disapproved because of insufficient area. The notes of the board m( ing for July 22, 1983 set forth in greater detail the reasons for disapprova The respondents maintain that this was an advisory opinion. However, a though the planning board decision was issued without complying with all the steps set forth in the zoning code, the Court finds that it purports to be a final decision. Any decision of ,the planning board is appealable by Article under Town Law S274-a subd.3. Accordingly, this Court has jurisdiction. Finally, respondent argues that the petition fails to set forth suffici, allegations to state a cause of action. The Court disagrees. The petition apprises the respondent that the application of the statutory criteria for approval of the site plan has been arbitrarily applied in regard to the natu; of petitioner's property and its potential use. , The motion to dismiss is denied and respondent is directed to serve and file an answer within five days after service of the order with notice of en The petitioner is directed to re-notice the matter for hearing upon two days notice. Dated: September 28, 1983 -~~f:~- NOTIC. 01" ENTRY Index No. 83 -15414 STATE OF NEW YORK SUPREME COURT SUFFOLK COUNTY Year 19 Sir:- Please take notice that the within is a (ctTtifild) be copy 01 . n order 'dulY entered in the office of the clerk of the within ~.med COUrt on OCt. 14 19 83. KA THRINE FARR, Dated, Oct. 17, 1983 Yours, etc., Petitioner . STANLEY S. CORWIN, . Attorney, for Petitioner: Of1icI and Post OffiCI AddTlss 634 First St., P. O. Box C P.C. against SOUTHOLD TOWN PLANNING BOARD, GREENPORT, NEW YORK 11944 Respondent To Attorney(s) for NOTICE OP' SETTLEMENT ORDER with notice of entry Sir: - Please take notice that an order 01 which the within is . trUe copy will be presented .r settlement to the Hon. one of the judle. of the within named Court, at STANLEY S. CORWIN, P. C. Astorruy. for Petitioner OffiCI and PtJlt Ollie, &1drlll, T,z,plum, OD the day of M. 19 634 First St., P. O. Box C GREEN PORT, NEW YORK 11.44- 516 I 477-0031 at Dated, To Yours, etc., STANLEY S. CORWIN, P. C. Attorney(s) for Attornl)'1 for I)ff::;e and Post Office Address 634 First St. , P. O. Box C Service of a copy of the within is hereby admitted. GRE~NPORT. NEW YORK 11944 Dated, 'I l' Attorn.y(s) for Attomey(s) fo. ~ . MfJa 18 I~Ci6 .~ C7V"L- D~~'o ~ r-~ F Declaration and Covenants . This Declaration and Covenants is made the day of 1985, by Kathrine Farr, residing at Main Road, Orient, New York, referred to as the Owner. , hereinafter The property affected by this instrument is situate at Greenport in the Town of Southold, County of Suffolk and State of New York and is bounded and described as follows: 8LK. 05 Beginning at a point on the westerly side of Manhanset Avenue distant 248.85 feet in a general southerly direction along said westerly side from the intersection formed by said westerly side with the southerly side of Champlin Place, and running thence S. 340 57' 20" E. along the westerly side of Manhanset Avenue 132.76 feet to a concrete monument and land of Patricia Marie Kohl and Sara Preston Costello, thence along said last mentioned land S. 230 48' 10" W. 56.47 feet to a point, thence along a bulkhead marking the ordinary high water mark of Sterling Basin the following five courses and distances (the fifth course and distance being a tie line along the approximate ordinary high water mark of Sterling Basin); (1) N. 250 28' 40" W. 90.09 feet, (2) N. 630 03' 50" E. 11.46 feet, (3) N. 240 53' 10" W. 44.17 feet, (4) N. 650 06' 50" E. 7.08 feet, and (5) N. 22" 07' 50" W. 33.38 feet to the point and place of beginning. A. Because of the limited area of the premises, the boundary on tidal waters, the absence of a public sanitary sewage disposal system serving the premises, conditions imposed by the Suffolk County Department of Health Services and the Planning Board of the Town of Southold, the Owner makes the following Declaration and imposes upon the said premises the following restrictions and covenants: DIST. 1000 SEC. 034 LOT 021 1. The premises will be used principally for yacht rental and marine brokerage. 2. Other than bulkheading and docks the only structure to be erected on the premises is an office and storage building approximately 16 x 20 feet. 3. Until such time as a public sanitary sewage disposal system or some other approved system is available and connected there shall be no leaching of toilet facilities; any toilet facilities shall be of a low flow type, designed to enter a water tight monolithic holding tank with a capacity of 900 gallons for the routine pumping of which the Owner will at all times maintain a contractual arrangement with a proper disposal service. 4. Any shower facilities in the building to be erected on the premises will be connected to an on site leaching system consisting of at least two pools eight feet in diameter and three feet deep. 5. No fuel for retail sale will be stored on the premises. 6. No boats other than chartered boats or those owned by the Owner will be stored or repaired on the premises. 7. The docking of boats on the premises shall be parallel to the existing bulkhead. 8. Ingress to and egress from the property to Manhanset Avenue will be limited to within 40 feet of the southeast corner of the premises. ./ / . . 9. Other than of boats there shall be no retail sales on the premises. 10. No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. Except as otherwise provided herein these restrictions and conditions shall run with the land and be binding on the Owner, her heirs and assigns until the authorities having jurisdiction approve abandonment, relief or modification. IN WITNESS WHEREOF the Owner has executed this Declaration and Covenants the day and year first above set forth. STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the day of 1985 before me persona 11 y came Kathrine Farr to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public .'., .., r't 1986 . .. Ii" J. l'~ / : I);.;{r-' III D -;'J T LD ./,'"j) 1 j y Southold. N.Y. 11971 (516) 765-1938 September 5, 1985 Mr. Farr P.O. Box 568 Greenport, NY 11944 Re: Site Plan for Katherine Farr Dear Mr. Farr: Please let this confirm our conversation of this date regarding the above mentioned site plan file. The Planfling Board requests that the following items be indicated on the survey by the surveyor (pursuant to Section 10()-134) 1. existing zoning 2. paved areas, sidewalks, and vehiclular access between the site and public streets 3. Existing development includi'ng fences, landscaping, and screening. 4. The location, direction, power and time of any proposed outdoor lighting or public address system. 5. The location of and plans for, any outdoor si.gns. 6. The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas. Profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks. 7. Any proposed grading, screening, and other landscaping i.ncluding types and locations of proposed street trees. 8. The location of all proposed sewer lines or sewage disposal. 9. Proposed property of March fencing along to the South. 30, 1984, 3c) Manhanset Avenue and the adjoining (pursuant to the Boa.rd's resolution Mr. Parr . Page 2 . 9/5/85 --~--------------------------------------------------------- 10. Proposed ingress and egress to the property from Manhansett Avenue, within 40 feet of the southeast corner of the premises. (pursuant to 3d of the Board's resolution) 11. Parking stalls indicating minimum length and width requirements. (pursuant to Board's resolution 3b) Enclosed, for your review, is a checklist taken from the Southold Town Code, Section 100-134. The items checked are those which are already indicated on the Howard Young survey dated August 28, 1985. Any items not checked need to be included on the plan if they apply to your proposal. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ OM~I~Mw BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Stanley Corwin, esq. ,.. - ' '. (v1 ~1-" (/) ( V) ( ) (vi (v) (V( ( ~ ( ( ) ( ) .- ( ) ( ) ( I) ~?, ( ) ( ) ( ) ( ) . eo; 1'( .;- /o~ ,y ,'" 1 or MAR'} 8 1986' SITE PLAN ELEMENTS 5100-134 Town Code . Lot, block, and section number, if any, or the property taken from tax records Name and address of the owner of record Name and address of the person preparing the map Date, North arrow and written and graphic scale Sufficient description or information to precisely define the boundaries of the property. 'All distances shall be in feet and tenths of a f~ot. All angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. The locations, name, and existing.width of adjacent streets and curblines The location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, setba reservations, and areas dedicated to public use withinor adjoining proper A complete outline of existing deed restrictions or covenants applying to the property Existing zoning Existing contours at intervals of five or less, referred to a datum satisfactory to the Board Approximate boundaries of any areas subject to flooding or stormwater ove . . Location of existing watercourses, marshes, wooded areas, rock outcrops isolated trees ,with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. Location of uses and outlines of structures, drawn to scale on and within one hundred (100) feet of the lots. Paved areas, side~"-lks, and ;fehicular access between the site and pub.l.;I.c streets Locations, dimensions, grades and flow direction of existing sewers, cuI. and waterlines as well as other underground and above ground utilities within and adjacent to the property. -Other existing development, including fences, landscaping and screening The location of proposed buildings or structural improvement The location and design of all uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of any proposed outdoor lighting or public address systems. The location of,and plans for, any outdoor signs' The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas, profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines. OVER.. . /' /... . . Site plan elements cont. (HOO-134) ( ) ( ) (v-; ( ) ( ) ( .) Any proposed grading, screening and other landscaping including types and locations of proposed street trees. The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. An outline of any proposed deed retrictions and/or'covenants. Any contemplted public improvements on or adjoining the property. If the site development plan indictes only a first stage, a supplementary plan shall indicate ultimate develoment. Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter. hj1b11 , +)Odu~i}....re 9q9 . . JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS . MAR 18 1986 Town Hall, 53095 Main Road P.O. Box 728 Southald, New Yark 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1986: WHEREAS, Katherine Farr has requested that this Board waive the provisions of local law No. 14 - 1985: with respect to her application to be submitted to the Southold Town Planning Board, and WHEREAS, Katherine Farr and her husband appeared before this Board and explained the nature of the uses for which they propose to use the premises in' question, and WHEREAS, this Board fines that the applicant has constructed a building for marina and brokerage office use at her property at 1100 Manhanset Avenue, Greenport, and WHEREAS, this Board deems such use consistent with the uses in a Marine Recreation District as proposed by Raymond, Parish, Pine & Weiner Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and she hereby is granted a waiver of the provisions of local law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in' her application to be submitted to the Southold Town Planning Board for final site plan approval, subject, however, to the applicant obtaining any and all permitS and approvals required by all Town and other govern- mental agencies having jurisdiction thereof. ~d~~ Judith T. Terry (/ Southold Town Clerk 1\) ,I 'j" (:,)1)-/ i --" . . ~~lZ- 4- HA~H 8~ I) Ii4E ~In: -PLAU WA.~ ~ FbI=. A caJC>1 r70iIJ CJF -APf'/!.OVAJ..- NO! AN A.~-fbuIL.r t:>1ZAv.J1,Jc:, zj Arro~lil ~AJU<. '5 1ae~L.l...rTloN t;>,r...\U) rJA~ eo I NM ;:'72\765: .:3 (Lo) ~IT1M\:.1...e. \"AeK.I~" R;>2.- t:I>J~ ~) cA\2.~ WI~ l--\ItJllo-\Ut-\ L.er-)Gi't}~ ~c '<311:>'1"'\0\ ~li!:qUl~e.t-\'C-~T.? A'E> "e:~'-',,~..e.o b'( \1.\1:. .:sOUTl-lOj...C> IOvJ\.l ~~,.J~ COOl:.. I~ "'11\1;;: A2EA. A'S ""'A, b;:; A'PPflOVE.p ~I T1-lE. ~Lm..\Ol-C l'O'INN ~\~ ~AeO 01= ApPCAt,.S .. As tJO"l"'l:D eN -n-tE. SJ~",",\TTE.O ell\!; \i'"(..A.~ - ~o...:!(:!: of IH~ :(1'0/1;, Cs) PI2OPO~ PA'iia,,"I~ ~ce:6 A~ .A 1-111-.)'I--\UH ~'\;)I\.\. O~ ~6a) 'Fe~T.. %' \00- \\'2. c.. .. ~e; NIPIHUH PAl2.lc:.lI.)~ .;:)TJ\.L.I- ~I...~ $I.6.I,.j... br:>: ~IJ Qo) Fe-el" .. .. .... " '"* A ~~ ~lJlQJe.y ~0~ AJ::>~Q\JA~l...l sH<:lV-J ~AA'- e..XISiS d2- IS ~Po~o eN ~ 1 AI"e,L.. 8lt> ---r-:;ro ;:s,~... IN ~T toI,;.y ~TrL.i- I;:>e.. tlf,eD TO GST _ BY S-CAL.t: ~e:- ~""(L..L.. I'<:NT ~UG".1 ~AIZE ~e: - -r;;e .s;~ W'l-l.-. b-ID IN "T/IllC -ro""lJ 12. <:>. -.,J . . . JUDITH 1. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765.1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1986: WHEREAS, Katherine Farr has requested that this Board waive the prOVIsions of Local Law No. 14 - 1985 with respect to her application to be submitted to the Southold Town Planning Board, and WHEREAS, Katherine Farr and her husband appeared before this Board and explained the nature of the uses for which they propose to use the premises in question, and WHEREAS, this Board finds that the applicant has constructed a building for marina and brokerage office use at her property at 1100 Manhanset Avenue, Greenport, and WHEREAS, this Board deems such use consistent with the uses in a Marine Recreation District as proposed by Raymond, Parish, Pine & Weiner Inc.'s Master Plan Update Zoning Code revisions, NOW, THEREFORE, BE IT RESOLVED that the applicant be and she hereby is granted a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting such uses on said premises as set forth in her application to be submitted to the Southold Town Planning Board for final site plan approval, subject, however, to the applicant obtaining any and all permits and approvals required by all Town and other govern- mental agencies having jurisdiction thereof. {7_"/~~ ~~u~. .....:/--&"'/. ~ . Judith T. Terry (/ Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS . Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 28. 1986 From: Southold Town Planning Board V Southold Town Board of Appeals Southold Town Building Department Judith T. Terry. Town Clerk To: Re: Waiver request - Katherine Farr Please submit all pertinent data in. your files pertaining to the waiver request under Local Law No. 14 - 1985 submitted by Katherine Farr. Attachments ~~ ~- ,.- ~ JG.,o \ . . REC::IV~D Fairwind Yachts Inc. JAN 2 8 1986 T ol'ln CLerk Southold Manhanset Avenue Box 568 Greenport, New York 11944 477-0124 Area Code 516 ",: II Town Board \ Town of Southold Southold, New York 11971 January 88, 1986 It is respectfully requested that a waiver to the Moratorium (Looal Law # 14, 1985 relating to chapter 100 ( Zoning) of the code of the town of Southold article XVI} be granted Kathrine Farr at 1100 Manhanset Avenue, Greenport, New York 11944, County Tax Map Parcel No. 1000-034-05-021. A Waiver so granted will permit the Zoning Board of Appeals to receive six (6) copies of the "As Built" Site Plan (Prepared by Young and Young, Land surveyors for N.Y.S. Lie. Nos. 12845 and 45893 in compliance with Appeal # 31117 application dated April 14, 1983) for review by above name Board. The "As Built" site plan is for work completed as authorized by Town of Southold Building Department, Permit # 13891 Z of April 25,1985, copy attached. Sincerely yours, 1 --; k7I~~ --{ aA/L- Kathrine Farr copy to Stanley Corwin 634 First St. Greenport, N.Y. 11944 . . . FORM NO. I TOWN OF SOUTH OLD BUILDING DEPARTMENT TOWN HALL sOUTHOLD, N. Y. BUILDING PERMIT <THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N~ 13891 Z F II \ // ' Date .../d;?/Z.I..(............?..!.~............. 19d)- Permission is hereby granted to: ..........kAr.d.&/.Z.LN.~.....G:t(.,I..r.............. ........i?.Q.r....../5oL......::rKd.................... ........C;;Z.eE.&.:2.,.<'..:.I...7::.,v,.y. .../I..9.jI, <.L to ........ (i...o.Ai..37:,IL(..A.c.. L.......e .c.-m.u.a.e.C;,./.r.(......l:tP..t.r.!..;:,.....J:6.<:::uU&....:;:;;L f!-.U.cJIt.I.~.e:.....Z;tZCI;.<:.eL(./.iJ.~CZ........ .............................,................................................... at premises located at .....IIQQ.......U.dOUI.iAN.:5cx::.../fkt:.)"....~~....2;y.~r.:7:/.Y.'r! ................................................................................ ................................................................................ ................................................................................................................................................................. County Tax Mop No. 1000 Section .f)...3.//f........ Block ..<2.6::........ Lot No. .o.c:.2r............. r- r: ~- pursuant to application doted ..I.-;-:-:~..........I..':f........................., 19L.,.?, and approved by the BuildIng Inspector. c;,O Fee $ICJ..Q....~ o /. / ~.~. '. >~." It, I)' ..i..C.tf,(,.d./.....~i1;;{;~Cf~~. Rev. 6/30/80 . Southold, N.Y. 11971 (516) 765-1938 January 30, 1986 Mrs. Judith T. Terry Town Clerk Town Hall Southold, NY 11971 Re: Katherine Parr Site Plan - request for waiver Dear Mrs. Terry: In accordance with your request, enclosed is a copy of all pertinent data from the above mentioned site plan file. If you have any questions, or require any additional information, please don't hesitate to contact our office. Very truly yours, ~~~;=rtL2t~,~fk~~ SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. . . T Southold, N.Y. 11971 (516) 765-1938 September 5, 1985 Re: Site Plan for Katherine Farr . I---Iri' ~i(j~\ \ W~LU ~ IJILl~~ O-~\\L~_.e0d f ~ / t \l~ Sf-&R \t~ eR 1':,C~: ~~ Mr. Farr P.O. Box 568 Greenport, NY 11944 Dear Mr. Farr: Please let this confirm our conversation of this date regarding the above mentioned site plan file. "- The Plan~ing Board requests that the following items be indicated on the survey by the surveyor (pursuant to Section 100-134) 1. existing zoning 2. paved areas, sidewalks, and vehiclular access between the site and public streets 3. Existing development including fences, landscaping, and screening. 4. The location, direction, power and time of any proposed outdoor lighting or public address system. 5. The location of and plans for, any outdoor signs. ? 6. The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved are~s.r-profiles indicating grading and cross sections -~wing width of roadway, location and width of sidewalks. cJ~7. 8. Any proposed grading, screening, and other landscaping including types and locations of proposed street trees. The location of all proposed sewer lines or sewage disposal. 9. Proposed property of March fencing along to the South. 30, 1984, 3c) Manhanset Avenue and the adjoining (pursuant to the Board's resolution Mr.. Farr . Page 2 ./85 ---------------------------------------------~-------------- 10. proposed ingress and egress to the property from Manhansett Avenue, within 40 feet of the southeast corner of the premises. (pursuant to 3d of the Board's resolution) r) 11. Parking stalls i 'cating minimum len th and widtb requirements. (pursuant to Boar s resolu lon 3b) Enclosed, for your review, is a checklist taken from the Southold Town Code, Section 100-134. The items checked are those which are already indicated on the Howard Young survey dated August 28, 1985. Any items not checked need to be included on the plan if they apply to your proposal. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~LO~~~~H~= SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Stanley Corwin, esq. . . Southold Town Board of Appeals MAIN ROAO. STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE 15161 765-1809 APPEALS BOARD MEMBERS GERARD P. GDEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI December 4, 1984 Stanley S. Corwin, P.C. First Street Greenport, NY 11944 Re: Appeal No. 3117 and No. 3118 - Kathrine Farr {! Dear Mr. Corwin: Yours very truly, o f r Please find enclosed the decisions in the above matters revised pursuant to Hon. Joseph R. Corso's order. Copies have been furnished to the Planning Board and the Building Inspector. Enclosures c c : B u il d i n.g Ins p e c tor ______ Pl ann i ng BoaTd""""""'" Suffolk County Planning Commission GERARD P. GOEHRINGER CHAIRMAN B~K~' . . , Southold Town Board of Appeals MAIN ROAO - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (5161 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3117 Application Dated April 14, 1983 TO: Stanley S. Corwin, P.C. as Attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on November 29, 1984 the above appeal was considered, and the action indicated below was taken on your [] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII, Section s 100-80(B)[9][14] [] Request for Variance to the Zoning ordinance Article , Section ] Request for Upon application for KATHRINE FARR by Stanley S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zonin9 Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct building for marina and brokerage office use in this "C-Light Industrial" District, at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. WHEREAS, on October 18,1984, under Index #84-15561, Hon. Joseph R. Corso, Justice, Supreme Court, Special Term, of Suffolk County, has ordered that the subject special exception be reissued without conditions 5, 6, 8 and 12, and WHEREAS, the remainder of this board's decision rendered June 28, 1984 shall remain in full force and effect pursuant thereto; NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE-ISSUED, WITHOUT CONDITIONS 5, 6, 8 and 12, as ordered,; and re-numbered as follows: 1. No lighting that will be adverse to neighboring uses; 2. A rail ing or barrier (guard rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for ingress and egress within the "curb cut" remain open]; 3. No fencing along the front property line, except chainlink for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guard rail for proper visibility if screening is desired]; (CONTINUED ON PAGE TWO) DATED: December 3, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTH OLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3117 Matter of KATHRINE FARR November 29, 1984 Amendments 5. (7.) Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 6. (9.) Existing stockade fencing along south line shall be continuously maintained; 7. (10.) No launchin9 ramp shall be built or permitted; 8. (11.) Building approved herein shall conform to all set- in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, attached hereto for reference; backs P . C . , NY; Location of Property: West Side of Manhanset Avenue, Greenport, County Tax Map Parcel No. 1000-34-05-21. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. * * * 1 k . . .~ . . Southold Town Board of Appeals MAIN ROAO - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE 15161 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3118 Application Dated April 14, 1983 TO: Stanley S. Corwin, P.C. as Attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 [Appellant (s)] At a Meeting of the Zoning Board of Appeals held on November 29, 1984 the above appeal was considered, and the action indicated below was taken on your Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ Request for Special Exception under the Zoning Ordinance Article , Section [XI Request for Variance to the Zoning Ordinance Article VIII, Sections 100-80(B) and 100-81 [] Request for Upon application for KATHRINE FARR by Stanley S. Corwin, Esq., First Street, Greenport, NY for a Varlance to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct building for marina and brokerage office in this DC-Light Industrial District," at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. WHEREAS, on October 18,1984, under Index #84-15561, Hon. Joseph R. Corso, Justice, Supreme Court, Special Term, of Suffolk County, has ordered that the subject variance be reissued without conditions 5, 6, 8, and 12, and WHEREAS, the remainder of this board's decision rendered June 28, 1984 shall remain in full force and effect pursuant thereto; NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE-ISSUED, WITHOUT CONDITIONS 5, 6, 8 and 12, as ordered, and re-numbered as follows: 1. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guard rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for ingress and egress within the "curb cut" remain open]; 3. No fencing along the front property line, except chainlink for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guard rail for proper visibility if screening is desired]; 5. (7.) Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 6. (9.) Existing stockade fencing along south line shall be continuously maintained; 7. (10.) No launching (CONTINUED ON pAGE TWO) 'l:lATED: December 3, 1984. Form ZB4 (rev. 12/81) ramp shall be built or permitted; CHAIRMAN, SOUTH OLD TOWN ZONING BOARD OF APPEALS 2.:-~-n ~- "...,.""'" Page 2 - Appeal No. 3118 Matter Df KATHRINE FARR November 29,1984 Amendments 8. (11.) Building approved herein shall conform to all set- backs in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C., attached hereto for reference; Location of Property: West Side of Manhanset Avenue, Greenport, County Tax Map Parcel No. 1000-34-05-21. NY; Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimouS vote of all the members. * * * 1 k .. " . . Southold Town Board of Appeals .. . MAIN ROAD' STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765.1609 ~CTION OF THE ZONING BOARD OF APPEALS ~ Appeal No. 3118 Application Dated Apri 1 14, 1983 TO: Stanley S. Corwin, P.C. as Attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 [Appellant (s)] At a Meeting of the Zonin? Board of Ap2eals held on November 29, 1984 the above appeal was cons~O:ered, and the action indicated below was ta en on your [] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [] Request for Special Exception under the Zoning Ordinance Article , Seotion [XI Request for Variance to the zoning Ordinance Article VIII, Section s 100-80(B) and 100-81 [] Request for Upon application for KATHRINE FARR by Stanley S. Corwin, Esq., First Street, Greenport, NY for a Vanance to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct building for marina and brokerage office in this "C-Light Industrial District," at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. WHEREAS, on October 18, 1984, under Index #84-l5561, Hon. Joseph R. Corso, Justice, Supreme Court, Special Term, of Suffolk County, has ordered that the subject variance be reissued without conditions 5, 6, 8, and 12, and WHEREAS, the remainder of this board's decision rendered June 28, 1984 shall remain in full force and effect pursuant thereto; NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE-ISSUED, WITHOUT CONDITIONS 5, 6, 8 and 12, as ordered, and re-numbered as follows: 1. No 1 ighting that will be adverse to neighboring uses; ~ . . . , , 2. A railing or barrier'(guard rail) shall be constructed, not to exceed 30" above ground level, along.the front property line to prevent unsafe exiting onto street, [except that the area for ingress and egress within the "curb cut" rem~in open]; ., 3; NdJlencing along the front property line, except chainlink for proper vfs'ibility (or'otherwise'noted in these conditions); , " ., ,i ~j -.c. . l' i.' .; . \,,1 ,\ ",. ~ , ' . I 4. No fencing along the north side property line less than (or within) si~ in~hes of front:p~opertyline [except chainlink or guard rail for proper visibility if screening is desired]; 5. (7.) ~Proposed futu~e construction or changes requires approval by theZBA before~ia building permit is to be issued; .' : J' !:: I' , ! ",J, " j 6. (9.) Existing stockade fencing along south line shall be continuously maintained; 7. (10.) No launching ~f~lJ~UED ON pAGE, TWO) . December'! 3, 1984. Form ZB4 ~'ev. 12/81) ramp shall be built or permitt~d; CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Appea1.No..3118 . fKATHRINE 'FARR, . 2a,'l984_A~endments' . < backs P. C. , " 8. (11.) Bui1din9 approved herein shall conform to all set- .n letter/memorandum dated June 18, 1984 from Stanley S. Corwin, attached hereto fo~ reference; NY; Location of Property~ West Side of Manhanset Avenue, Greenport, County Tax Map Parcel No: 1000-34-05-21. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members: ,.1'. * * * ,f" t ,.\ 'l '.; J L' 1 k ;; J.l;l " J' " ;.,',} ~1^ ;;..' :.0 I~ :" .-.::::,": . ().. '."- c :'-\1' . .~.f- i/.i ,-, .. . . "'.:; ';.1" . ,',."~ r LUf. .'.~ ': c' \ "("'J"":"\ ,\ I', . ... . \'.'1 '.1 ~ . \ j Y - ','TlJ(l UO':;,'!::'": '. " ~1: ;"': , "; '! ,;. ,', .'.; I, {j'".ltJ , I I' , TI 1.., , r,' ii !lJ t [,'C .., .. i':' ~ . ,'. . , . ~'j ,'.\ 0!! D.: ("~-:.i :, ' r ' 'J jJ' J.'. ".1'~ !.I'.... , "; .,._.._.~._,~,,"" ., .........-.....-,..... Oft ,1Hf: ~;r)~.; i ;";'.: I:1l::':'i. f,'. .""... t ,,' '\. /.1-;:~--;..: _' '-' .I:'~ . -.-', , "' .,'; . '.' "..1..., .~ _~.'(' "') jI.. . ,,',I, .....\ :', ~..');..:.;:j::jr;~<~~\! .;: :~;(,'~:': :;.}f,~.:~~;::"~/. ..;.. ~.( . ," I. if\. ... ..... " - .': '.:~.-~...>..., .. r." I.., ,.",", l-!;(JV'D - '-1 J. '. :..:~ Ll'j\.'(: '.-j l\ , r. ... " '..,. ,! ., U" ~"{r.' r" . '" ~~. j; 'iI, . " ~, .; '. ~ .', "10. ., , .. :. I' l'l Xl",;' ~l" f .,&, " . -' ~ ~:~ r~~: r.~\/<~' , ..~ ',). r. '. I~ . I .' .', , ; ,",1 , " . ':-.:'~. ," ~. :: ' . I, i i , , / ! / I / I I / . ./// / /[ h/ .' Ii / 1 h" "" ::('/ /,/ ,/\ \ / f ffl J /' I I j I , . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (5161765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3117 Application Dated Apri 1 14, 1983 TO: Stanley S. Corwin, P.C. as attorney for KATHRINE 634 First Street Greenport, NY 11944 (Planning Board action 3/30/84) [Appellant (s) 1 FARR At a Meeting of the Zoning Board of Appeals held on July 3, 1984, the above appeal was considered, and the action indicated below was taken on your [l Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [Xl Request for Special Exception under the Zoning Ordinance Article VIII, Sections 100-80(B)[9][14] Request for Variance to the Zoning Ordinance Article , Section [ 1 [l Request for Upon application for KATHRINE FARR by S. S. Corwin, Esq., First Street, Greenport, NY for a Speclal Exception to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permis- sion to construct building for marina and brokerage office use in this "C-Light Industrial" District, at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. The board made the following findings and determination: This is an application for a Special Exception to the Zoning Ordinance under Article VIII, Section 100-80(B)[9][12], which provides for marinas for the docking and mooring of boats and retail sales of boats and marine items. Applicant is requesting a "yacht brokerage" and marina/marina-office use, and outside storage is not being sought. Applicant states that the yacht brokerage business involves "inside" office activities for the boat sales, frequently by telephone. This use is proposed within the two-story principal building, as shown on the filed site plan, of 16' by 20' in size and a three-foot covered walk-up on the north side, as more particularly described and approved in the area variance granted by this board on June 28, 1984 in Appeal No. 3118. The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3,780 sq. ft. with 132.76 frontage along Manhanset Avehue as shown by survey prepared by Young & Young, revised May 23, 1983. This parcel is identified on the Suffolk County Tax Map as District 1000, Section 034, Block 05, Lot 021, and was convayed to the applicant on December 11,1981 at Liber 9152 page 392. The premises is vacant land. It is noted for the record that on March 30, 1984, action was taken with conditions by the Southold Town Planning Board concerning this property and subject to receiving a site plan in final form, showing: . (a) The location and size of the proposed orfice building approved by the Zoning Board of Appeals; 1 (b) Suitable parking for five cars with minim~m length and DATED: July 13, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ~ Form ZB4 (rev. 12/81) ./ Ir.ONTTNlJFn ON PAGF TWO) ,i . . . Page 2 - Appeal No. 3117 Matter for KATHRINE FARR (Special Exception) Decision Rendered July 3, 1984 width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals; (c) Proposed fencing along Manhanset Avenue and the adjoin- ing property to the south; (d) Proposed ingress and egress to the property from Man- _ hanset Avenue within 40 feet of the southeast corner of the premises. The Planning Board has also required that Covenants and Restrictions be prepared in recordable form prior to their granting of the final site plan which would include Items (a) through (k) of that board's March 30, 1984 action. It is noted, however, that the conditions imposed by this board may be more stringent in order to provide for better visibil- ity, safe and proper manueverability, unobstructed boat accessibility, convenience, parking, et cetera. The members of this board are familiar with the property in question as well as the surrounding properties. All testimony received at the public hearing held May 17, 1984 by this board has been taken into consideration. Opposition concerning this application has not been submitted for the record since the filing of this application. It is also noted for the record that the premises in question was the subject of a prior appeal, No. 3118, for area variances of the principal building, and a decision has been rendered by this board June 28, 1984, filed with the Town Clerk July 12, 1984. In considering this application, the board has determined: (1) that this use of the land in question is in the board's opinion within the definition of the uses listed under Article VIII, Section 100-80(B); (2) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; (4) that the use will be in harmony with and promote the general purposes and intent of zoning. In passing upon this application, the board has also considered items (a) through (1) of Article XII, Section 100-12l(C)[2] of the Zoning Code. Accordi~gly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application for KATHRINE FARR for a Special Exception for a marina and yacht-brokerage sales office, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No lighting that will be a~verse to neighboring uses; 2. A railing or barrier (guide rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for egress and ingress within the "curb cut" remain open]; 3. No fencing alon~ the front property line, except chain- link for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; 5. No boats to be moored parallel to existing moored boats (no stacking); 6. Additional docking and mooring facilities will require . , r'." . .' . . Page 3 - Appeal No. 3117 Matter for KATHRINE FARR (Special Exception) Decision Rendered July 3, 1984 an application to the ZBA and consideration therefore; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 8. Proposed second-story deck at west end of building shall be reduced (from 4'6" and 10') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be continuously maintained; 10. No launching ramp shall be built or permitted; 11. Building location as approved under Appeal No. 3117 shall conform to the setbacks mentioned in the letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C. (or as stipulated by conditions/actions taken concerning this project, whichever is more restrictive); 12. No storage of boats other than inside building or moored in the water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. * * * RECEIVED AND FILED BY THE SOUTHOLD TOWN CI:ERK DATE 7/~/6''I HOUR 9 :1.j'iJ/Uf ~ · A vi ..&~ _7, 3~~~ Town Clerk, Town of Soul ld , CHAIRMAN . TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3118 Application 'Dated April 14, 1983 TO: Stanley S. Corwin, Esq. as attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 (Planning Board action 3/30/84) [Appellant (s)] (ZBA Public Hearing 5/17/84) At a Meeting of the Zoning Board of Appeals held on June 28, 1984, the above appeal was considered, and the action indicated below was taken on your ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a ] Request for Special Exception under the Zoning Ordinance Article , Section [x] Request for Variance to the Zoning Ordinance Article VIII, Sections 100-80(B) and 100-81 [ ] Request for Upon application for KATHRINEFARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81, for permission to construct build- ing for marina office in this "C-Light Industrial" District, at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034- 05-021. . The board made the following findings and determination: By this appeal, applicant seeks variances to the provisions of Article VIII, Sections 100-80(B)[9](14) and 100-81, of the Zoning Code, for approval of the proposed insufficient front and rear yard setbacks required in a "C-Light" Industrial Zoning District, for a principal building. These provisions require a minimum 50' front- yard setba-k and a minimum 50' rearyard setback. Applicant proposes a two-storf building for a marina office with accessory storage of 16' by 20',and a three-foot covered walk-up on the north side, and an upper deck of a size 4'6" at its narrowest width and 10' at its wider edge, with little or no setback distance from the bulkhead along the rear line. Eliminating this deck area, it appears the building will be setback 4'6" at its northwest end and 10' at its southwest end. From the front property line, the building appears to be set back not less than 12 feet at its nearest point. The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3,780 sq. ft. with 132.76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young, revised May 23, 1983. This parcel is identified on the Suffolk County Tax Map as District 1000, Section 034, Block OS, Lot 021, and was conveyed to the applicant on December 11,1981 at Liber 9152 page 392. The premises is vacant land. It is noted for the record that on March 30, 1984, action was taken with conditions by the Southold Town Planning Board con- cernin9 this property and subject to receiving a site plan in final form, showing: (a) The location and size of the proposed office building ~ (CONTINUED ON PAGE TWO) DATED: July 11, 1984. CHAIRMAN, SOUTH OLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) . . Page 2 - Appeal. No..3118 Matter of~ATHRINE FARR~ Deci sion Rendered J.llne 28. 1984 approved by the Zoning Board of Appeals; (b) Suitable parking for five cars with minimum length and width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals; (c) Proposed fencing along Manhanset Avenue and the adjoining property to the south; (d) Proposed ingress and egress to the property from M6nhanset Avenue wi thi n 40 feet nof the southeast corner of the premi ses. The Planning 80ard has also required that Covenants and Restrictions be prepared in recordable form prior to their granting of the final site plan which would include Items (a) through (k) of that board's March 30, 1984 action. It is noted, however, that this board in making this decision may impose conditions more strin.gent than .that of the p..1anning Board, particu1ar1y Items 4(c), (d), (e), (f), for purposes of better traffic. visibility, boat accessibility, safe.. and proper manuever- ability, convenience, parking,et cetera. The members of this board are familiar with the property in question as well as the surrounding properties. All t.estJmony received at thl! public hearing hel.d .May.17, 1984 by this board has been taken into consideration.. OPPo,.~itton concerning thi s application has not been submitted for the record since the filing of this application. It{s also noted for the record that a Special Exception appli- cation under Appeal No. 3117 has been simultaneously filed with. the subject app1iciltion,and for which d.e1iberations are pending with th.is board as of this date. In considering this appeal, the board determines: (a) that the relief requested is substantial in relation to the requirements of th~ Zoning Code, Bulk Schedule; however, the difficulty cannot be obviated by some method feasible for the applicant to pursue other than a variance; (b) that by the granting of the relief requested, no substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties since premises on the south has similar circumstances; (c) that no adverse effects will be produced on available govern- mental facilities of any increased population if the variance is allowed; (d) that the interests of justice will be served by allowing the variance; and (e) that the variance as granted will be in harmony with the general purposes of zoning. Accordingly, on motion by Mr. Douglass, seconded by Mr; Sawicki, it was RESOLVED, that the application fotKATHRINEFARR in Appeal No. 3117, for permission tPconstructn16'by20' principal build- ing with a 3'.covered wa1k~up at the northerly side to the second floor, BE AND HEREBY IS APPROVED SUBJECT TO l:HE FOLLOWING CONDITIONS: 1. No lighting that: will be adverse to neighboring uses; 2. A railing or barrier (guide rail) shall be constructed, not to exceed 30" .above ground level, along the.front property 1 ine to prevent unsafe exiting onto street, [except that the area for egress and ingress within the "curb cut" remain open]; 3. No fencing along the front property line, except chain1ink for proper visibility (or otherwise noted in these conditions); . (CONTINUED ON PAGE THREE) . . Page 3 - Appeal No. 3118 Matter of KATHRINE FARR Decision Rendered June 28, 1984 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; 5. No boats to be moored parallel to existing moored boats (no stacking); 6. Additional docking and mooring facilities will require an application to the ZBA and consideration therefore; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 8. Proposed second-story deck at west end of building shall be reduced (from 4'6" and 10') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be con- tinuously ~aintained; 10. No launching ramp shall be built or permitted; 11. Building approved herein shall conform to all setbacks in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C.; 12. No storage of boats other than inside building or moored in water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by a unanimous vote of all the members present. Attached hereto as Page 4 is a copy of the letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C. (reference made in Condition No. 11, supra). * * * .;7 . t?~ A~OEIiRI GE . fHiliMW---- July 12, 1984 J~ ~ ~cf7/.)-//f ~ ~~b ~.~ it; .Page.4 - Appeal No. 3118 Matter bf KAfHRINE FARR Decision Rendered June 28, 1984 (Reference Use, Condition No. 11) . . ~ Telephone '16 .. 477-0031 ~ (, /;f/tfff; Board of Appeals ,Town of Soulhold STANLEY S. CORWIN, P. C. ATTORNEY AND COUNSBLLOR AT LAW 634 FIRST STREET GREENPORT. NEW YORK. 11944 MEMORANDUM To: From: Re: Date: Southold Town Board of Appeals: attn. Mrs. Kowalski Stanley S. Corwin Farr application June 18. 1984 I do hope this memorandum and the attachment will serve to resolve any questions that may remain about this application. If. however. I;} some respect it is insufficient. please let me know and 1'11 try to sup- , ply anythihg,that may be needed. 1. It is proposed to place the building on the property as shown on the attached site plan. of which 5 copies are enclosed. The scale is 1 inch equals 8 feet. This site plan is one of a number submitted to the Plan- ning Board and is not a final approved plan. It does. however. reflect the building location. The building proper is 16x20 with a 3 r covered walk-up on the north side. The floor plan and elevations of the building will be as sub- stantially submitted previously to the building inspector. copies of which you have. While we are in the flood plain the applicant would like to have a slab at ground level. and room to park a car under the usable floor space. It is out"belief the subsoil conditions will permit placing the building fairly precisely as shown. It will be on deep~set piles. however. and we would like a foot latitude either way. 2. There seems to have been some question about a division of office space in terms of proposed uses. As a pract ical matter the applicant considers the marina (yacht rental) use and the marine brokerage use as one entity. We simply cannot set aside any given area or make specific lines of demarcation. The uses intermingle. interchange. overlap. 3. The set-back from the road would be not less than 12' nor more than 14~ the set-back from the outside of the bulkhead would be between 3' 8" and 5' 6" on the northerly end and between 9' and 11 r on the souther- ly end. Please associate this memo and the site plan With, ~~le as P~~f the application. ,i J ('- "~~ ! /;jVjJ u(JvrJ/ ~ . - ., ~'~\.!;f I MAR 2Q 1. . March 28, 1984 f} &M... . . ~ cIJ ..~~- ,/J(-, f ~ . ;r i~n~r!1 0 I nnfl:\;::: .u;U"'~",(.~ .1 ~ ",.J:..lUi.i._u 'f"'-'U 01. ~,,--1'10vl ;; I'I! i .,IlW,lh rl 3!dJ/J-Ip'" r;u: STANLEY S. CORWIN, p, C. ATTORNEY AND COUNSELLOR AT LAW 634 FIRST STREET GREENPORT. NEW YORK 11944 Telephone 516 - 477-0031 Mrs. Linda Kowalski, Secretary Southold Town Board of Appeals Southold, N. Y. 11971 Dear Mrs. Kowalski Enclosed is a copy of a letter from Dick Lark transmitting a resolution, and a copy of the resolution. This was worked out in the course of compromising the pending litigation. Essentially the Planning Board is granting approval of the site plan conditionally, and they're passing the ball to the Appeals Board as the next step. Also attached are four copies of.the site plan on which the Planning Board acted. My examination of the file does not indicate an amendment of the application is necessary. Mrs. Farr is asking for special exception use in two categories: marina, yacht brokerage; and for a variance as to the location of the building involving set-backs. There is no change in those aspects of the application. 1'm grateful to you for the time you so patiently took to review this matter with me. ~y yours, / / Stanley S. Corwin e cc:KF, RL , 41(" . , .~ Et.: '.1 -- 1(..'\,,;1&)0\.0;-"" "'-~ 'L.4 t:ll.c...l.. ~IDE.D -.(11 5100 Gl>L.. SEf'll1TAIJk:. . (\) 8'-0' DIA. Y- 7..'"D~ LEOAC G f"COL. ~ 50 sa. !=T. SI"DE:. ""AU. b.2 - oe A eATE. 01=" 71?> GAL /DAY 2'-0 EL.: 5.0 ~ .... P120POSE.D CESSPooL/ C.!. COVE.\2. - T/COVe:;:e.. aEV. ~.O Use. Cl) ell-lG - b'-O'PIA.)( '2.' PEE-p ,W/Tl2AF"F;1 ToP. I MON. SEr "-lIlItCN "pNIf OF [ C20F?o~E.O OPGA\.., ~E;.PTlC TIlIIJK 1.e..1. COVE.12. !,ooL;" . i UNAUTHORIZED ALT,fUT'IOH 0" ADOITlONTO THIS SUit..,!, IS ..., vt(IL~A.TION OF SECTION 720. '" nu: .WI 10l'''''' UATE (CIUCATIOH L...... ! . cOI'rn Ol" THIS SUlltVh:T .....,. HOT IEAItIMO THE I.AHD SURV[YOIt',. IHI(,(D SUI.. 0fIl E..aOUEO S'AL SH.t.u,..1. HOT It CONSIDERED TO IE ... ...ALIO TlIIUE:CCOP't OUlUNUES INDICATtD'O' N[II[ON SHALL AUN ONLY TO THE HilSON;' '0" WHOM ,"[ &.lINE' IS ....[......[0 A,AHO ON H" IEHAI.." TO THt nTLE cO....u'Yn. IOVCII:NMf.N'AL AOEIrICY AND U"OIIil' UtlHITITUTIOH LISTED H[lItEON, .....0 TO T...t A:AUIIHr:n OF THE LENOINGINSTITUTIO":' . IUA"ANTtU AlliE NOT TIt...NVc:"......1E reto "'OOITIONAL INSTlTUTIOtilI 0IIlI 1....~.tOUc:HT O.HC:"', S.3405T'20"E. "O~1 1-.1/ _ _ .,lIYPOLE ~... ! . . , IV TIC ..,. ~ - .2~"SJio JY tVCb -- r-' -- c:)<;:)- -- -J-. .......: 10 . .r:) ~ ~ ,I STERLYAVG ,r ~- '" '.. "'" .. "'- o. ~ \J\'"<:I 00_ ~ ~ o~ '"<:10 ~~ ~.O - ~ o -' -:>'" "7'- ("')0 o-:r '" - ~-~ '. - I -~I I + -(0.. ,.. "'"MON.FOUNOO.80'S~. -..... tJ -v-- .' \.0 . . Woe rCR MerER It ." ,<>"" ' ,'~// , ",\''',. \ ~~~G;/ ~AF'eoP05ED POLE eKIi.../G, A'2EA. l.INES ~"".I?' .... -/ I pgOP05E-D Vi ~ 2 5Toey , '''~ICE. q. _ 5T'f'CA/~ eu:>G . -~ W ~uD "TV". : 1'1 ECI(:: "'000 1 I\(R..50~8' c ~O" ~ --- ... o l,j. ~~ ...." l.... _ !:)' -- ." ---- -~ '<i OI! .. --- ----- -- 90.09' ---- - --- - -- B4S/1V --, ... ~l ~f! 4'?f;' :;..",,:~ 'J.. ;.;,,:.1 01/jll1n i"'l jJ,I,.~" 1 oVln of SonE REVISIONS YOUNG & YOUNG 400 OSTRANDER AVENUE. RIVERHEAD, NEW YORK MAY '2-:;,19&9> ALDEN W. YOUNG rRo"'E8810NAL I[NOINIU:JIl: AND LAND SURVEYOR, N.T.'. LIC. NO, 128A5 HOWARD W. YOI LAND ,URYI[YOR N.Y... LIC. NO. ADS SITE. PLA/J Foe. KATHRINE FARR AT GREENPORT TOWN OF SOUTH OLD SUFFOLK CO., N. Y. BY SCAL.E: . I .. = 20' DATE: MAR. 7, 1983 "II' .. . . INAR 2 J 1984 RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE. NEW YORK 11935 TELEPHONE 516 734-6807 March 20, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Diane M. Schultze, Secretary RE: Kathrine Farr - Site Plan Dear Miss Schultze: In connection with the above-captioned matter, I am en- closing a proposed amended resolution for the Planning Board to consider at its next meeting. If the resolution is acceptable, kindly present same to the Planning Board for its consideration, and if adopted, forward a copy to the Zoning Board of Appeals. It is my understanding the Zoning Board of Appeals is now pro- ceeding on the special exception and variance applications. ~ rfe-; v\ I1]'V RF:L: bc cc: Stanley Corwin, Esq. . ~~ r ,. . . WHEREAS, following the Town of Southold Planning Board's December 5, 1983, resolution conditionally granting a proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, further conferences were held between the applicant's attorney, the Board's attorney and the Chairman and members of the Board in an effort to seek clarification of the Board's intent and more precise definition, and WHEREAS, proposed amendments to the prior resolution were heretofore advanced and considered, NOW, THEREFORE, BE IT RESOLVED, that the aforesaid resolu- tion of December 5, 1983, is amended so that the resolving paragraph reads as follows: RESOLVED, the proposed site plan for Kathrine Farr for pre- mises located on the west side of Manhanset Avenue, Greenport, New York, is granted SUbject to the following conditions: 1. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a special exception pur- suant to SlOO-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. 2. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a variance for insufficient front and rear setbacks in order to construct an office building on the premises. 3. After receipt of both the required special exception and variance from the Southold Town Zoning Board of Appeals, the applicant will submit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for five (5) cars with m~n~mum length and width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals. (c) Proposed fencing along Manhanset Avenue and the adjoining property to the south. (d) Proposed ingress and egress to the property from Manhanset Avenue within 40 feet of the southeast corner of the premises. 4. In addition, the applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be O~r ~~ O~v ~ " .. . , ,'" . . recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following Covenants and any of those that may be imposed by the Zoning Board of Appeals: (a) No storage of fuel on the premises for retail sale. (b) No hauling of boats greater than 14 feet in length from the premises. (c) No outside storage on the premises of boats greater than 14 feet in length. (d) No storage of boats outside of chartered boats or boats owned by the applicant. (e) No repair of boats on the premises except boats owned or chartered by the applicant. (f) The docking of boats on the premises shall be parallel to the existing bulkhead. (g) Ingress and egress to the property from Manhanset Avenue will be limited to within 40 feet of the southeast corner of the premises. (h) No retail sales on the premises, except boats. (i) No stormwater runoff resulting from the construc- tion of the office building and parking area shall be discharged on to Manhanset Avenue. (j) Compliance with Suffolk County Department of Health services requirements and standards for an office building. (k) One (1) year site plan review by the Planning Board, and it is further RESOLVED that the Secretary of the Planning Board file a copy of this amended resolution with the Southold Town Zoning Board of Appeals. < \. .:... . ': . J1AR 2~98~ " WHEREAS, following the Town of Southold Planning Board's December 5, 1983, resolution conditionally granting a proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, further conferences were held between the applicant's, attorney, the Board's attorney and the Chairman and members of the Board in an effort to seek clarification of the Board's intent and more precise definition, and WHEREAS, proposed amendments to the prior resolution were heretofore advanced and considered, NOW, THEREFORE, BE IT RESOLVED, that the aforesaid resolu- tion of December 5, 1983, is amended so that the resolving paragraph reads as follows: RESOLVED, the proposed site plan for Kathrine Farr for pre- mises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: 1. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a special exception pur- 1-/ suant to SlOO-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. 2. The applicant, Kathrine Farr, obtaining from the ~ Southold Town Zoning Board of Appeals a variance for insufficient front and rear setbacks in order to construct an office building on the premises. 3. After receipt of both the requir'ed special exception and variance from the Southold Town Zoning Board of Appeals, the applicant will submit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for five (S) cars with m1n1mum length and width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals. (c) Proposed fencing along Manhanset Avenue and the adjoining property to the south. (d) Proposed ingress and egress to the property from Manhanset Avenue within 40 feet of the southeast corner of the premises. 4. In addition, the applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be " ~ . . . .. . ~, ....'"' . , " recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following Covenants and any of those that may be imposed by the Zoning Board of A.ppeals : (a) No storage of fuel on the premises for retail sale. (b) No hauling of boats greater than 14 feet in length from the premises. (c) No outside storage on the premises of boats greater than 14 feet in length. (d) No storage of boats outside of chartered boats or boats owned by the applicant. (e) No repair of boats on the premises except boats owned or chartered by the applicant. (f) The docking of boats on the premises shall be parallel to the existing bulkhead. (g) Ingress and egress to the property from Manhanset Avenue will be limited to within 40 feet of the southeast corner of the premises. (h) No retail sales on the premises, except boats. (i) No stormwater runoff resulting from the construc- tion of the office building and parking area shall be discharged on to Manhanset Avenue. (j) Compliance with Suffolk County Department of Health services requirements and standards for an office building. (k) One (1) year site plan review by the Planning Board, and it is further RESOLVED that the Secretary of the Planning Board file a copy of this amended resolution with the Southold Town Zoning Board of Appeals. . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 2S SOUTHOLD. L.I" N.Y. 11971 TELEPHONE 1516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICI(I March 19, 1984 Stanley S. Corwin,P.C. 634 First Street Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Applications of Kathrine Farr c (~ ~ Dear Mr. Corwin: P L This letter will confirm our conversation today that it appears you have resolved your site plan differences with the Planning Board and they are in the process of forwarding to our office a formal resolution to that effect. It is our understanding that you plan to submit the following documents before April 5th for review and scheduling for public hearings to be held in May: (1) three copies of the amended application; (2) four copies of the amended site plan. Please keep us advised. -J Yours very truly, P'lanning Board V/ Building Department diLdcU ~/.'-aUA- . (.(n'da Kow~lfs'ki cc: w'7J 3)2-' \<t'-'\ . . T Southo1d. N.Y. 11971 {516} 765-1938 March 13, 1984 Zonining Board of Appeals Gerard Goehringer, Chairman Town Hall Southold, NY 11971 Attn: Linda Kowalski Dear Linda: 'rhis letter is to inform you that the Planning Board is in agreement with Mr. Stanley Corwin and Mr. Richard Lark regarding the resolution for the site plan of Kathrine Farr located at Greenport. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN S UTHOLD TO~ PLANNINGJ2ARD C. 'KD.c.r,u91 c:Jh.4./ y Dia M. Sch~lEze,' retary . . RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 ffB 1 D11j84 TELEPHONE 516 734-6807 February 10, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Henry E. Raynor, Jr., Chairman RE: Kathrine Farr - Site Plan Dear Henry: Stanley Corwin dropped off the enclosed resolution at my office yesterday. Please review same with the Board, and before any action is taken, kindly discuss same with me. Very truly yours, >' Y/':::;; t-t:>0~-k~ . / Richard F.Lr;'ark RFL:bc Enclosure "\'0 \,~ c.\f}Y;)\ . . G,~ . WHEREAS, the Planning Board acted with respect to the application of Kathrine Farr on December 5, 1983, Specifying conditions upon which a site plan would be approved, and WHEREAS, a meeting was thereafter held attended by the chairman of the Board, the Board's attorney, Richard F Lark, and Mrs. Farr's attorney, Stanley S Corwin, for the purpose of resolving remaining differences and WHEREAS, the Board has duly deliberated upon the report of the chairman and the recommendatiqn of its attorney, NOW. THEREFORE. BE IT RESOLVED that the Board's resolution of December 5. 1983 be and it hereby is amended, as follows: 1. Condition item 3(b) is amended to read: Suitable parking for five (5) cars ( with the statutory minimum width and length requirements a~d such area as may be approved by the Board of Appeals). 2. Condition item 3(c) is deleted. 3. Condition item 3 (d) is re-lettered 3(c). 4. Covenant item 4(a) is amended to read: No storage of fuel on the premises for retail sale. 5. Covenant item 4(b) is amended to read: No hauling of boats greater than 14 feet in length from the premises. 6. Covenant item 4(c) is amended to read: No outside storage of boats greater than 14 feet in length. 7. Covenant item 4(e) is deleted. 8. Covenant item 4(f) is re-lettered 4(e) and amended to read: Ingress and egress to the proper':y from Manhanset Avenue will be limited to within 40 feet of the lIloutheast corner of the property. 9. Covenant item 4(g) is re-lettered 4(f) and amended to read: No retail sales on the premises. except boats. 10. Covenant item 4(h) is re-lettered 4(g). 11. Covenant item 4(i) is re-lettered 4(h) and amended to read: Compliance with Suffolk County Department of Health Services require- ments and standards for an office building. 12. Covenant item 4{j) is re-lettered 4(1). .. -. T -e Soulhold, N.Y. 11971 HENRY l. itA YNOR, Jr.. Chairmtln JAMES WALL 8ENNETT ORLOWSKJ, Jr. GEORGI.. RlTCHIE LATHAM. Jr. WILUAM F. MULLEN. Jr. TELEPHONE 765 - 1938 December 9, 1983 Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, relative to the Planning Board's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the app~icant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Farr, yacht rental station and office bui~ding for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: 1. The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. ~ Stanley RE: -. -. December 9, 1983 Corwin, Esq. Kathrine Parr - Site Plan -2- 2. The Applicant, Kathrine Parr, obtaining from the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the premises. 3. After receipt of both the required Special Exception and Variance from the Southold Town Zoning Board of Appeals, the Applicant will sub- mit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Proposed fencing along Manhanset Avenue and adjoining property to the south. 4. In addition, the Applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of fuel on the premises. (b) No hauling of boats from the premises. (c) No outside storage. (d) No repair of boats outside of chartered boats or boats owned by the Applicant. (e) No more than five (5) boats shall be docked on the property at anyone time. (f) Ingress and egress to the property from Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sales on the premises. Stanley RE: Corwin, Esq. -. -3- D~. 9, 1983 Kathrine Farr - Site Plan (h) No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. (i) Compliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. When the above conditions have bc""n met, the Chairman will endorse approval; two copies will be returned to your office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTH OLD TOWN PLANNING BOARD cc: Gerard P. Goehringer, Chairman SOllthold Town Zoning Board of Appeals . . ~~~- - WHEREAS, the Planning Board acted with respect to the application of Kathrine Farr on December 5, 1983, Specifying conditions upon which a site plan would be approved, and WHEREAS, a meeting was thereafter held attended by the chairman of the Board, the Board's attorney, Richard F Lark, and Mrs. Farr's attorney. Stanley S Corwin, for the purpose of resolving remaining differences and ~) WHEREAS, the Board has duly deliberated upon the report of the chairman and the recommendatiQn of its attorney, NOW, THEREFORE, BE IT RESOLVED that the Board's resolution of December 5. 1983 be and it hereby is amended, as follows: 1. Condition item 3(b) is amended to read: Suitable parking for five (5) cars ( with the statutory minimum width and length requirements aQ.d such area as may be approved by the Board of Appeals) . 2. Condition item 3 (c) is deleted. 3. Condition item 3 (d) is re-lettered 3(c). 4. Covenant item 4(a) is amended to read: No storage of fuel on the premises for retail sale. 5. Covenant item 4(b) is amended to read: No hauling of boats greater than 14 feet in length from the premises. 6. Covenant item 4(c) is amended to read: No outside storage of bOats greater than 14 feet in length. 7. Covenant item 4(e) is deleted. 8. Covenant item 4(f) is re-lettered 4(e) and amended ':0 read: Ingress and egress to the proper~y from Manhanset Avenue will be limited (0 within 40 feet of the 1Il0utheast corner of the property. 9. Covenant item 4(g) is re-lettered 4(f) and amended to read: No retail sales on the premises, except boats. 10. Covenant item 4(h) is re-lettered 4(g). 11. Covenant item 4(i) is re-lettered 4(h) and amended to read: Compliance with Suffolk County Department of Health Services require- ments and standards for an office building. 12. Covenant item 4(j) is re-lettered 4(i). Planning Board Town of Southold Town Hall Southold, NY 11971 . · TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 October 26, 1983 Subject: Katherine Farr Site Plan Gentlemen: The subject zoned district. Exception of the B (9) & (14). property is located in a 'C' Light Industrial The proposed use is permitted by Special Board of Appeals, Art. VIII, Sec. 100-80 Lot area, per survey dated March 7, 1983, is 3,780 sq. ft. Per Bulk Schedule, minimum lot area requirement for 'C' zone is 40,000 sq. ft. This lot was established on April 28, 1966, prior to lot area and width requirements for the 'C' district that went into effect on November 23, 1971. A variance would be re- quired to construct a two-story building with insufficient front and rear yard set backs as set forth in Art. VIII, Sec. 100-81, Bulk Schedule. Off-street Parking requirements shall be determined by the Planning Board per Art. XI, Sec. 100-112 A & B and shall comply with sub-sections C.D.E. & H. of this section. Off-site parking is not permitted, as stated by applicant in their parking prop- osal plan. Sub-section H. sets the on-site requirement for accessory off-street parking. The applicant did not mention what use the property would be put to. A check with the Zoning Board of Appeals has shown that and application was made for a Special Exception to oper- ate a marina and boat brokerage business. An application was also made for a variance for the setbacks for proposed building. No official certification can be made until Board of Appeals approv- als have been granted. EFH:ec 6k;'" Edward F. Hindermann Building & Housing Inspector . . D Southold. N.Y. 11971 HENRY E. RAYNOR, Ir. , Chairman lAMES WALL BENNETT ORLOWSKI. If. GEORGE RITCHIE LATHAM, If. WILUAM F. MULLEN, Jr. TELEPHONE 765. 1938 October 24, 1983 Mr. Stanley Corwin Attorney at Law 634 First Street Greenport, New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: Our Board is in receipt of Judge Harvey W. Sherman's motion, dated September 26, 1983, regarding Kathrine Farr Site Plan. The Southold Town Planning Board passed a res- olution at our meeting of October 18, 1983 to refer the site plan to the Building Inspector's Office for Certifica- tion. We have requested that the certification be received by our office at least seven (7) days prior to our meeting of November 21, 1983, and have tentatively scheduled you for an 8:00 p.m. appointment if you wish to discuss this matter prior to our final determination on the approval of this proposal. Please contact our office to confirm your attendance. Thank you. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary . . D Southold, N, Y, 11971 HENRY E. RAYNOR, Jr. . Chairman lAMES WALL BENNETT ORLOWSKI, If. GEORGE RITCHIE LATHAM, If. WILUAM F, MULLEN, If. TELEPHONE 765. 1936 October 21, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall SouthOld, New York 11971 Re: Kathrine Parr Site Plan Dear Mr. Lessard: After review of a motion, dated September 26, 1983, with regard to Kathrine Parr Site Plan, the following action was taken by our Board, October 18, 1983. RESOLVED that the Southold Town Planning Board refer the site plan "Kathrine Parr" to the Building Inspector's Office for certification, 100-133 (B). We request certification of this site to be submitted to our office at least seven (7) days prior to our meeting scheduled for November 21, 1983 so that we may proceed with a final determination regarding approval of this proposal. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Attch. Three Site Plans . . ./ Southold Town Board of Appeals MAIN ROAO - STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GDEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 18, 1983 Stanley S. Corwin, P.C. 634 First Street Greenport, NY 11944 With reference to the above matters, please: c c f 7 Re: Appeals No. 3117 and 3118 Applications of Kathrine Farr Dear Mr. Corwin: (1) let us know whether you plan to re-submit amended plans to the Planning Board for their reconsideration, and if so, whether you will be re-submitting the same with our office for processing? (2) provide us with copies of the August 1983 plan prepared by Young & Young which is pending before the Health Department in order that review can be made in a timely manner in the event that plan is approved by the Health Department in the near future. Your reply is awaited in order that we can further process these applications. Yours very truly, cc: Planning Building Board / Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Secretary .....~.,,--' _g v\.\ \ :-\ .." ..'.. ~-- ,- \ \ 'j ,- , . . v/ Southold,N.Y.11971 HENRYE. RAYNOR, Jr., Cludnnan JAMES WALL BENNETT ORLOWSKI, Jf. GEORGE RITCHIE LATHAM, Jr. WILUAM F. MULLEN, Jf. TELEPHONE 765-1938 July 26, 1983 Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: After an on site field inspection and discussion of same at our meeting, July 25, 1983, the fOllowing action was taken. RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office bUilding for a marine brokerage, located at Greenport, because of insufficient area. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals &.- ( . ( . .. .10- r. . ,. STAt'lLEY S. CORWIN, P. C. ATTORNEY AND COUNSELLOR AT LAW 634 FIRST STREET GREENPORT, NEW YORK 11944 Telephone 516 - 477-0031 July 21, 1983 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer Mrs. Farr has asked me to reply in her behalf to your letter of July 5th. You mentioned four incomplete items as the reason for holding the appli- cation in abeyance. 1. Multiple use of the site. Preliminarily I request that the bOl rd take into consideration the position of the applicant. She is asking for uses permitted in a particular zoning category enumerated in the statute. Doubtless she should expect to be limited to what- ever uses are granted and they, in t urn, will necessarily be governed by her request. Mrs. Farr now conducts a yacht brokerage business. At most, it involves a telephone, a notebook, a list of prospects, a list of boats for sale and their lo- cation, some photographs and business records. It is the kind of "business" one could conduct out of an office, a home, a car. Fairwind Yachts, Inc., the corporate entity through which Mrs. Farr and her husband own, charter and rent boats, seeks to use the site for that operation. In specific language, the statute does not cover either operation. The yacht brokerage business could be covered under the "office buildings" or "retail sale of boats" categories; rentals could use as a cover" marinas", "boat servicing" and perhaps other permitted categories. Considering other uses which can be permitted in the zone in question, it is hard to think of two cleaneruses, those that would be least likely to interfere with the health, safety, welfare and morals of the people of the town. With respect to separate site plans: let us suppose that upon the completion of a rental acustomer observes to Mrs. Farr: "I'd like to have a boat like that. " EXIDBIT /7 . - ( . c . Mr. Goehringer 2 July 21, 1983 Mrs. Farr happens to know of just such a boat for sale, mentions it and goes about the "business" of selling. That, of course, could happen anywhere on the site. In the light of such a circumstance any requirement for separate site plans for separate uses is really meaningless. 1'm sure you would agree it would be rather absurd for Mrs. Farr to have to say to the customer, "please step over here to talk about sales. " She might just as well step into the public highway. Accordingly, your re-consideration of a requirement for separate use site plans is requested. 2. The number of yachts. When your asking of this question was presented to me my immediate reaction was the number of yachts Fairwind owned was of absolutely no concern to the board. Among other reasons are these: (a) the number owned has absolutely nothing to do with use of the site, (b) once the site is zoned there is no legal req uirement that Fai rwind be the occupier: another entity might have an entirely different set- up, (c) the applicant's response will become a public record and might well be of more use to a competitor than the board. Fairwind expects to own or charter scores of boats, working out of many ports in many states and foreign countries: to answer your question specifically, Fairwind expects to own or control for charter over the next five years between 20 and 250 boats. Fairwind is simply unable to make any representation as to the length of time it expects to continue an operation at the site in question. The boats range in size from dinghy to upwards of 60 feet. So far as use of the site in question is concerned, the boats will generally range from 26 to 33 feet. In early or late season, or during a bad-weather mid-week, as many as 5 boats might be moored. Ideally, of course, only one would be in for a turn-around at a time, but ideal conditions seldom exist. How long a given vessel might lay over cannot definitely be stated. Ideally, again, it would Qe overnight, but pragmatically it will depend on weather conditions, business arranged off the site and in other ports. We can only suggest that at no time will there be moored at the site a greater number than can safely be secured. The applicant is very much aware of the limited surface riparian rights available. 3. Outside storage Any indication of outside use is specifically withdrawn. There will be no . ( . ( . . . , . . Mr. Goehringer 3 July 21, 1983 outside storage as a contemplated use. Permission for such use is not sought. 4. Health Department approval. Because of the size of the lot and proximity to tidal water a disapproval of a private sewer disposal system was necessarilt encountered at the lower permit- granting level, where rules prevent the exercise of discretion. The appeal from that level to the appellate review board has not been scheduled, although it is anticipated it will be held on August 5th or 12th. The division head, Herbert W. Davids, P. E., informed me that Riverhead was scheduling hearings subject to Mr. Aldo Andreoli, the chairman of the appellate panel, who is stationed in Hauppauge. Mr. Andreoli is presently on vacation. His secretary referred inquiries to Carol Hunsigner, who is Robert Jewell's secretary in Riverhead. Carol referred inquiries to Andreoli. Mr. Jewell is "in the field". These things make "in due course" a rather long time. We are dealing, a you know, with multiple boards and agencies on what is relatively a rather simple application. It is not economically feasible for one to get one complete approval and then move to another agency: the mere passage of time is costly. We would appeal to you, therefore, to do as much as you can with the application at this stage. As others act on related applications we will of course advise you promptly. If, for example, lack of Health Department approval is all that is necessary, we would request that you grant permission conditioned on such approval. Very truly yours, --~ .- ~--.. " '. ('-,~ / __I-{ ~O----~. -_J"--- Stanley S. Corwin cc: KF Members of the B:ard . Southold, N.Y. 11971 HENRY E. RAYNOR, Jr. . Chai,man JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RJTCHlE LATHAM. Jr. WILUAM F. MULLEN, Jr. TELEPHONE 765.1938 July 14, 1983 Mr. Richard Lark Attorney at Law Main Road Cutchogue, New York 11935 Re: Kathrine Farr Site Plan Dear Mr. Lark: It has come to our attention that the town may be litigating the property owner captioned above. As a result please advise our Board as to procedure and processing of the present site plan before us. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Victor Lessard June 24th, 1983 . /J...-.-ut 1../.1.'7/f3 'BOanf of Appeals (;!iJ Town 01 SOllu101d /" .. .' . Mr. Gerard p. Goehringer Southold Town Board of Appeals Main Road Southold, N.Y. 11971 Dear Mr. Goehringer, Thank you very much for your letter concerning our appeals Nos. 3117 and 3118 for Marina and brokerage sales, "C" light industrial district. Upon advice of Counsel we must decline to give an upper limit to size or number of vessels which may be owned by the Company; however, as to mooring or docking of vessels, no more than can be handled and m~naged so as to protect public safety will be on the premises at any given time. As to the length of time the "chartered" boats are docked, there is no set minimum or maximum limit. Finally, we do not anticipate much outside storage of materials, boats and equipment although some may occur incidentally to the normal conduct of such a business. Thank you for your consideration of our application. If you have further questions, please let us know.. Cordially yours, ~?~ Kathrine Farr cc: Stanley Corwin, Attny, First Street Greenport, NY 11944 . c. ( . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 21, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales "C-Light" District Dear Ms. Farr: This letter will acknowledge that the board is in receipt of the requested site plan prepared by Young & Young March 7, 1983, revised May 23, 1983, and parking plans, which were sub- mitted to our office June 13, 1983. In reviewing the plans at a Special Meeting held June 14, 1983, the board requested that the following add~tional informa- tion be included in the site plan inasmuch as it appears these are or may be part of the proposed use(s) of this property: 1. The size and number of boats to be chartered; 2. The size and number of boats to be moored or docked; 3. The period of time the "chartered" boats will be docked; 4. Is any outside storage of materials, boats or equipment anticipated on the premises? Please keep us advised regarding developments with the Planning Board. lk Yours very truly, ~F/t.L/~~ GERARD P. GOEHRINGER CHAIRMAN . . v Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE 15161766.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG LASS JOSEPH H. SAWICKI April 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District c RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118, be held in abeyance pending receipt of the follow- ing: () t r Dear Ms. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let your proposals. to call. us know when the Planning Board has acted upon If you have any questions, please don't hesitate Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Planning Building Board / Department By Linda Kowalski, Secretary l'~\)'~\!(j I) , \ t5 "t it \ ~ ~ ~ ~ \j NOTE' I. 2. -...:::.:: S. <?o.o/..~, ~Jo." //0.0.0.' If: MOry c .?/P-fos y /"" ;lf4/[/~4/[/SE/ I !:l -...::::::: ~ ~ If i' <?o.J 8(;' 9., 8(; ...10.0/7 /-Torr/s E5. 3 780 SQ. FT. AREA TO TIE UN -. EeT BLK. LOT 5UFF.CO.TAXMAP'I~~5~. 5034, 05 021 ELEVATIONS ARE REFERENCED TO APPROXIMATE ',1 S 3 L JA TUM 534057'20. E. 44.99' ""' ~'" ~ , , , I , 1 , 1 I, , I"" ~I ''''' I'" I 'I! , "'I I~I ''''1 I~, ," " I 1 .' \ '.... EL ~ 5 I AVENUE EL ~ ,. (J PAINT MARK ON LARGE CHUNK OF CONceUE 5. 34 057 '2o.''E. '-- WATER MAIN I I /3216' POLE Me,"., SE r POLE .a----_ ,~:;:,..-. HUB SET t:J______ ------...N.<?<?00'?50'';;''1 ' JJ ~8' IY. r/Rll'.tp- ____ .~. iIf/.OlfltS ----- ---- -- ..,pp".o..t.I'Y.~~ :-.. . N.2",o5J10.'/y ~I.V~ ~___________. ~~ "- ."l,..: <0 .~ ~ ~ "50 PA~ING Y "'", .~ ~/~ EL:36 AREA ;(-- ~ '", , , \J'\~ <:> - - ~. <:> '"' -.;)0 ~~ ~ <:> ~~ o a; -:> 7- 00 o~ U'> ~"" o .~ Ii rlE' I: 5 ry FR OFFI/.,"'E 81. DG ""''''I?: " I 24,0' STERLING ''<;10 .~~L ~, .(;) 12 ~ 90.0.9' DECK - N.<?50<?e:,0."1Y. 4LONG tr'o ~::o BUiJ(HE40 ;.. 't' ~. B4SIN SEP 4 1985 REVISIONS AUG28, /985 YOUNG & DER AVENUE. 400 OSTRAN N W YOUNG ALOE . GINEER AND PROFESSIONAL EN Y S Lie. NO, 128...5 L.AND SURVEYOR, N. . . I N DR ADDITION TO UNAUTHORIZED ALTEV~~~AOTlON OF SECTiON THIS SURVEY IS A ~K STATE E~UCATION 1209 OF THE NEW YO ". ~VEY MAP NOT 8EARING COPIES OF" THIS SU 's INKED SEAL O~ THE LAND SURVEYOR, NOT 8E CONSIDERED EM80SSED SEAL SHALL TO BE A VALID TRUE COPY. HEREO~ SHALL RU~ GUARANTEES INDICATEDFOR WHOM T"E ONLY TO THE PERRSEOON AND ON HIS 8EHALF SURVEY IS PREPA, ERN~ENTAl TO THE TITLE ~6~::NI~'s~7T"IJTlON LISTED AGENCY AND LE ASSIGNEES OF THE HEREON, AND TO THE GUARANTEES ARE LENDING INSTIT~~~ONTO ADDITIONAL NOT TRANSFERA SEQUENT OWNERS, INSTITUTIONS OR SUB SURVEY FOR: KATHRINE FARR AT GREENPORT TOWN OF SOUTH OLD SUFFOLK CO., N. Y. DATE: BY -". ,"./ SCALE: 1"= 20' NO. MAR. 7, 1983 83-86 . f",\1::.,~ - Y'A~k.jt/_J__~_(;,fAl.b.---- >I " 1"b~t\J ""e:>. - I~O)t.. ~. N. '(oI"t....- 3"" '1 r:-r. 1\ 35D 35'7 5r'''-( "'1-,c:+ 3"-D s,,( r I \ . ~ .... - 'C// ~u ~ ;I I-l4rr ~A12_J::./~1 vJ- A It- /7'if3'~ ~}.fr. " j~- .:: ~- -~ --- --- ---!_- ,) V, '0 FARR PARKING - JDlan "A" This parking layout has 2 objectives: 1. Customer Parking. Each of 5 spaces has at least 350 Sq. ft. with a minimum width length of 10' x 20'. 15% of our customers come by train or bus. 50% live with- in one hour of Greenport. Of this group, about one third have family members drop them off and return-home with the car rather than leave the family short for a week while the second car sits unused ~t the parking area. The balance of customers park their cars for the week. Those cars usually don't move in or out of the space except once at the start and once at the end of the charter which averages 5 to 7 days. In short, our parking needs are quite different frnrn the downtown. re<l;a_i1-type. in & out parking requirem,'mts. 2. Park-like setting. Narrbw plantl.hg a.Long .tr,e- bU.LKfleaa ~as DEren ;'faceLl co ' shield homeowners across the water from the view of parked cars. Planting along the road helps to. shield view of cars from those driving South on Manhanset Ave and a 6' fence shields the lot from those driving North. As a practical matter we tested the bulkhead parking area using 6 cars (1 Cadillac, 1 Mercedes, 2 ford Monnarchs, 2 VW Rabbits - a fairly typical mix of sizes). All of them fit in the space officially designated for only 4 cars with ingress and egress available to each. We believe that this parking will prove more than adequate for our limited needs. Finally, we have 2 enclosed, off-site spaces reserved for those who would like very secure parking for their cars. JUN 7 REC'D 3 l ~ Z. lA " -'I. ~ < \1\ Z c:: .~d T I \~..J .~ro ~").~ '" (\ ~ f" II - . II .. "' I . " Z; (l. IP - \)I l-' . .. ~ ~ - - ~ \) .... 2. - '" .., l" =- .' . Cl. ~ %... ~ ~ c>> L.C\ .,. -.' .~ ..,.,. ~ ~ {' ~ ~ = ,n ~ ~ 4i' ,. }Q ~ V , '" If> \J -.... . ~ - \.I o -. M -tl iO o 1 -< !: Z. I II /6.0 '- " \i . . ~ . Ii '" , .. "t\ ~ " ... C) ... V\IC. . l"'~"- v . .... , , : "l- ,.~.. ~ I I lA . ~--...... r. ~ - ~ l: fI ); 1t ~ ~ .-) ~ . ,. ... "1 . 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