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HomeMy WebLinkAbout6051 /3,f6Dt:;/O. '!l1dJT YfJRb 13. SOD AE4~~ .. C;;i2E~IaR:f J. ~~ - 1I:c:t ,IA I/tLLrD~ <<:2?D -II d,.t3 - /3 I -m 13()iJ\~c4'6 PtI "/;;tlo7 Ul 711a/OJ t;,IO~- ~(j)~~ -cu.kM.L~ ~ C~ ~ I"";"C/lvk .l8!'-/1["" p# J~d-O/O~ AAA I!tD/~'? -"-.....--. .~ - . v- ~_ --___ .___ ..........."",. ,>~ APPEALS BOARD MEMBERS OF $~[/T Mailing Address: James Dinizio, Jr., Chairman O.Z1~ ~f'pl Southold Town Hall ti O 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer .1L T Southold. NY 11971-0959 Ruth D. Oliva Office Location: Michael A. Simon ~ ,~p~0 Town Annex /First Floor, North Fork Bank Lcslie Kanes Weisman l'~CQ~~ 54375 Main Road (a[ Youngs Avenue) ' Southold, NY 11971 http://southoldtown.northfork.net RECEIY~D ZONING BOARD OF APPEALS °f "U I 19 P. m TOWN OF SOUTHOLD C~~~~ ~/^~~7 Tel. (631) 765-1809 • Fax (631) 765-9064 t ,r~,°' Southold Town CI¢rk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 12, 2007 ZB File No. 6051 -BREWERS YACHT YARD Property Location: 500 Beach Road, Greenport CTM 43-3-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's property contains an area of approximately 9.56 acres of which 7.3 acres is above the mean high water line of Sterling Creek. The property has frontage along two streets: 479.60 feet along the south side of Manhanset Avenue and 481.84 feet along the west side of Sandy Beach Road. The premises is zoned M-II Marine, and is improved with buildings and structures related to the existing boat yard with sales, storage, repair facilities, display, club house, shop building, marina and related uses, as shown on the August 9, 1991 survey, amended November 4, 1997 by Joseph A. Ingegno. BASIS OF APPLICATION: Zoning Code Section 280-116, based on the Building Inspector's May 7, 2007 Notice of Disapproval concerning a proposed accessory (pavilion) building at less than 75 feet to the existing bulkhead. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was on May 14, 2007 determined to be a matter for local determination as there appears to be no significant county-wide or inter- community impact pursuant to a reply received from the Suffolk County Department of Planning, after referral by the Town of Southold as required under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP: TOWN CODE CHAPTER 268 DETERMINATION: A June 22, 2007 letter was issued by the Town's LWRP Coordinator, Mark Terry, stating this action was reviewed, and stating the action to be inconsistent under the policy standards of Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and the Local Waterfront Revitalization Program, stating that Policy 6.3 requires compliance with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant obtained a permit under Chapter 275 and Chapter 111 of the Town Code under Town Trustees Permit #6616. Also, the applicant will install a gutter system leading into drywells, to Page 2 - July 12, 2007 ~ . ZB File No. 6041 -Brewers Yacht Y~Fd at Greenport CTM No. 43-3-2 contain the roof run-off at all times, as well as placement of staked hay bales to protecting the edge of wetlands and placed prior to and during construction. The structure is not an enclosed building, but instead is an open-air pavilion, open on the sides. The application is mitigated by the fact that this structure will be without running water, interior plumbing and heating facilities, that it is intended only as an accessory recreational area for the patrons of the marina without the need for extra sanitary system installation near the waterfront or pavilion, that the location of the pavilion has been authorized by the Town Trustees, that before a building permit is issued all applicable agencies authorizations will be obtained by the applicant; and that buffers are proposed with plantings to separate the easterly and southerly edge of wetlands from the new construction and related site activity. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 28, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a 25' by 45' open air pavilion at a minimum of 13 feet from the (westerly) bulkhead at its closest point and at least 75 feet from the opposite (southerly) bulkhead, as shown on the site and parking plan sheet 2 prepared by Daniel S. Matchez and Associates, Inc. with ZBA date stamp of May 30, 2007. The height of the pavilion will be 18'3" to the top of the ridge, as shown on Pole Barn Floor and Elevation Plan Sheet 1 of 1 prepared by Earl Hardy. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant wishes to build an open air pavilion for the use of the Marina occupants 13 feet from the bulkhead (adjacent to the dockage on the west side of the bulkhead). The structure measures 25' by 45'. The proposed structure is surrounded by the Marina buildings, concrete pads, fire access routes, parking areas, and related facilities. The only neighbor to the southeast is a launching ramp owned by the Town of Southold. To the east are wetlands, the edge of which is proposed 60 feet from the pavilion. The structure is 18'3" at its highest point and is proposed to be open on all sides and only roofed to keep out some of the elements. A split rail fence and plantings will be maintained to buffer areas immediately surrounding the pavilion. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other location on the property for the placement of the pavilion, for the same reasons noted above. 3. The variance granted herein is substantial. The code requires a 75 ft. setback from the bulkhead and although the pavilion will be only 13' from the bulkhead, it will not be enclosed and the sides will be open except for a roof to provide some relief from the elements. .Page 3 - July 12, 2007 ~ . ZB File No. 6041 -Brewers Yacht Y'dFd at Greenport CTM No. 43-3-2 4. The difficulty has been self-created as the applicant decided to plan for a pavilion knowing the restrictions of the property. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the use of a pavilion for their marina occupants, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the site and parking plan Sheet 2, prepared by Daniel S. Matchez and Associates, Inc. and shown on Pole Barn Floor and Elevation Plan Sheet 1 of 1 prepared by Earl Hardy, both maps with ZBA date stamp of May 30, 2007, subject to the following Condition: That a complete gutter system be installed leading to a drywell system, with continued maintenance for all roof water runoff. That this ZBA condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Di ~zio (Chairm ,Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5- J es Dinizio Jr., C irm 7/t / /2007 proved for Filing RECEIVED ~1~19Pm. JUL 1 82001 ~,f, S uthold owl GTerk OgOFFO(~-c Office Location: QGy Mailing Address: a ~ Town Annex /First Floor, North Fork Bank H Z 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 ~y ~ Southold, NY 11971-0959 ~?o! ~ ~a http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1509 Fax (631) 765-9064 July 18, 2007 By Regular Mail N~,.~ Brewers Yacht Yard at Greenport c/o Ted Angell Alpha Consulting P.O. Box 447 Greenport, NY 11944 Re: ZBA File No. 6051 -Setback Variance (Pavilion) Dear Mr. Angell: Please find enclosed a copy of the variance determination with condition, rendered by the Board of Appeals at its July 12, 2007 Meeting. Please be sure to contact the Planning Board regarding the next step and the Building Department in the final building permit application step, furnishing an extra copy of the enclosed variance determination with other final documents, as may be required. Thank you. Very truly yours, Linda Kowalski Encl. Copies of Decision inter-office 7/17/07 to: Building Department Planning Board u~ i 3 ' ~ v~xh E~~ P,f~ 1~~2 $~07 L' H 7~l~-{~7 ~ ! LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 28, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. JUNE 28.2007: 9:55 a.m. BREWERS YACHT YARD #6051. Request for a Variance under Section 280-116, based on the Building Inspector's May 7, 2007 Notice of Disapproval concerning a proposed accessory (pavilion) building at less than 75 feet to the bulkhead, at 500 Beach Road, Greenport; CTM 43-3-2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: June 4, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 #8410 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, c,SLmmencin a 14"' day of June. 2007. I I Principal Clerk Sworn to before me this day o 2007 C RIS IN VOlINSKI NOTARY pUBLIC-5TATE OF NEW YORK NYC. tl1~V478f 05tl80 0uiluflePl IYS iuffidfk County CommiSsl~it 5*elte. M~beuary 28, 2008 • ,ry ~ /t r family dwelling, whrch wrliwcans . ' " l ,i ~ ~'V~` .J • afs~;yteeeyyeraR thuAagae ' nwn=ctaai- ~ ~ fklw+tB~Fe"(S~'+}1Tod1#ffiisd;'''.a`I@n5'),;~~'&i. b 2O Spm~idlgllnye F'i~sn' tF L"~St'1 -91 Y5 _ C 'i ~.Y parr`.t~VA`LER'IE'"aut~ FOSTER,. , 'REEF. #60#1 Ragnpsf~foea Vanance undeti Sactdoa S28p;105; lizsed'bn'thk.: Stri7ehng, Jn-spectoNs,..Oc[ober 6, 200,lal. - Notice of D`fsa~proval coaaemmy t!'te`: i htigFri';pE~.a~wposed~Penc"erexcee~mg, a - die lµ~taho~,gf<do feet when,, z~i74,Oly1l#yCF '70°at¢~ '~e7.('sonft°yard,a~7S714`axn! , L"PFEAI+S 'Bdoarl~.Y'ran'f~Street),-'x~'C, ireenport, rii,}r ~ie~+i2M17i. ' ;.t .12; - 110 m.'""Akf'Y GRO55'~#6045 Re.- PiIBGFC;%FiARINGS .g NG'F'Le~IS"21EREBY GIVEN, gurv questforA!anancea under Sgctmms 28Q4r senint'to, ^S'eofidu' 26T6F fhe Town Law 15F:a¢d;280~116A, based. wfthe Budd=j and ChapteF;28D{Zoning), Code of the / 'mg IaSpect9r's Apn116, 2007 Nohce of 'Town of Southold, [he followmg pttbhe_. Disapproval concerning aa.,app4catton- ~~heerurgs~wdhbe held by alte SOUTH-. for a buildhtg permit concerning Prq Ofp TOWN ZONING BOARD OF posedaddi6on to ~a single-faintly dwell- . APPEAI:S-.tit the Town:~Ha0, 53095 m& Pergola: and swimming`pool They ~Mam Road,:.P.D. Box 1179;. Southold, reasons fpi•.dtsapproving the building"s t NewYork1i9710959; oni11IURSDAY. PErnnt`application are that the adds-- Ji•J1VE 41f$If0.7n 'tied to"Sheienstingdwelling ~116e less, "930a mS1C1ARK-MELNICK #6050:..- than 100feeffrom the [opal the bluff°g)_ RaquesY for:,ReversaL of Bu0dmg De-., bank adlacent m the Long7>;}and Soundi," _Partment, detemm~ation: which a[ate5 ' (2)#hepropbs'ed addniogpfaces the ex that the"hs built alteration-to dwelling +stmg. accessory garage par3ly m asrde.-~~ urdudes. demolition and. -reconstinc- Yard; and (3) [hat the proposed.swun- bon of the<exisung fomdation deviated"' rmng poo(cOnstruc[ion andpergola wrll: from.ZBA.decision #5977"ZBA#5955 - be less thanChe code-required 50 feet:: ' granted applicant's prior request con- horgthe front )ot line wnen.loeate3'm°- - cemingsefbacksrelatedTbtliepmposed afroatyardoLocation oE~Property 740" increase of ceiling heightfrom 18' to 32' Nor[hview Dnve, Onenp CTM 13-1-4. and change;from,the.existing herght 9f 1:30 p.m. JOSEPH IAVAAONE. 1.5 sWnes,toawo stones under Zbning;. -#6047: itequest 'Sor Variances under' Code Sections 280-116 and 280-124: Sections "280122A; 280-121; 280.S1b;. Also requested n a reversal is not grant- 280 15; bas"eii~on the Building' Inspec' ed, is:a.variance.,amendment for-renon-_ tar's September 7, 2007 Nohce o$Dis- struction of-die-0welling. with setbacks. 'approval, amended •May, 1, 2A07, con- { at less than 75. fee[ from the bullihead, cemmg proposed additions and altera-' less than 35. ft, front yard setback;.and [tons to a'uonconformmg:dwelhng ands: les's than 35'ft. tear yard setback (ref. [o construct. a new accessory garage. Biiildmg yjnagectgr's August 25, 2006 The new addEtions•m thedwellmg Wiq; ' Nahca`of Disapproval, amended Sep- swats' a'rie}v nonconfomuty or be an [ember 28, 2006)'. Location of Property: increase m:[he degree :of nonconfor-. .gOSPnvate:ROad#3 (a/k/a Pine. Creek miry when)9cated less than 15 feet oN a - _ ''$etvl);$oulhol¢,C7M 70-6.15. single side ymd-and lessthan 75 feefto `9:40 °am,:JOI3N MA.ZU&, IR. and `the bulkliead.Anew-accessory building ALICE MAZUR #6044:Stequest for a -(garage) isproposed'to be located less Variance baser~on the Building Inspec- than 15 feet from the sideaine. Location tar's May 7, 2007 Notice:ofI)isapproval, of Property~.450 Wood Lane (Rrchmbnd. based gn#be;ZBA #5904 issued August. - Creek), Pecomc; CTM 86-64. 13,.2006, 68sedion.$uildmg Inspector's 15Sptn.S']'EVE SACHM AtN #6D40. '.~1y®1 3~~00~^'Naticc .of Drsapproval ~4uest $oi!i ~+anances undel Seetmn= -srnu~'Saef%9n$280122A~and 280.124),28015 ;basedron anfpr a=budding Per- `for ap~lroval`:of the`locahpq of the new ` nut and ~th~?Buildyrg+Li;,pector's Aprd -fbimdation'~Oess fhan''OS ^feet from 92007 Np, ire oEjDifeppeoral'for an thesfronfyard Ime and.dessthan 338eet- acaessu;y-garage proposed. ~(1) at less - fromtherearyardhne,offer demglthon. than 15 Y'eat;#rom lfieside~lot line, :(2), of the foundation of the. existing dwell- ~ at a s¢e exceeding [he code lunitahon' mg and related construction. Location - of 7S0 square feet, and (3)'with do[mers. ~of Property: 3200 Camp'Mineola Road, ' exceedingine code timitetion-of d0% Mattituck;CTM'123-536:2: : ofthe roof~width Location-of,Property:. ' 4:55, a:m: BREWERS .YACHT 4705~Nassau Point Road, Cutchogue; _YARD #bD51.~Request fora Vanance- CTM 11199. under Sechou 280-116, „based on. [he 2:1D p.mi: BRIAN RETUS #6049. Bmldmg_Lispector's'MaY~7 200TNo- Request far Vanances under Sections. ";hCedb~' Dieapprcwa1'~concemutg a pro 280116A(1) and 280-124,based on the Mw : -Budding Inspectors May-14, 2007 No- ;~q cesspry ,(pavdipn)`bu at '?1~~~SsfeeY'CO'the'`bvlkhea00 lice of Drsapprgval concerpmga(1)pro-, ':`BaaCluRpad;,Greenporp CTM 43-&2 P°s°d sddihons with alterations [o the J~`.yQ'q'tp,;PAUL and CI-ZERYL RA- existuig dwelling proposed-at less than A~tblt4$n'k®quesi foyz Vagapca- " I00 feem fr©m'"Ore top of;Ne bluff adjz~ Bents 0 p based oa 1he '"apt tti Elie Long Island Savnd (2) ad'di- _ lion at lasr[han 15 feet on:a single side < g`.Inspgor2i°'~~~' 20Q7".I~q yard and (3) deck existing at less than ~i '~p,4-foxa9t+`~O4Cemmg u Pro ',^pad'~diSionsiap~.3lteiatiorrq'ta":(fJe ' ~ 4'~`~t kam [he tap. of zhe .bluff„ etnst#ng;dwellurg al less tha¢ 100 feet' :~e~quped fvnurp vntler~'ZBA~}36'13; `from the top qt the bhiff adjacent to the ~ "I'°caLion~'oEAAropmr4}'" 735ESounUaiew Long Island Sound, at 1600 Hyatt Road,. Road, Onent; (TM 1S 3.4: Southold, CT=M 501-6: 2'~.P4rNEW CINGULAR WIRE- 10:25 a.mf ADE(.IENNE. LANDAU `LESS PCS (and EAST MARION (EDWARD FAGIN) #6033. Request FIRE DISTRICT) #5826:;Request for for Vana¢ces under Sections 280-116 a Special Ekcephon under Sections 280- . (formerly #100-239.4A-1), based on. [he 69 and 280 Z0, concerning instal[anoa of Bvilding Inspector's, Jaauary 4; 2006 a proposed pubhe utilrty moveless tele- `Nohce of Dsapptoval,' amended April communications faeiltTy aE[he premises 4,2007,conrsrningpmposedmew dwell--. byaffixing wirelessfelecommunica€ions mg eonstmption,af{er substantial demo- antennaswithvtan approved"pole [o be _ boon of existing 3wp(h1rg„with"eybacks* bwlkand to9nstall related~2gaipment ak required,'at 9245Raute 25,Eas[Marion; ~ - - - Eaa~00~'eet ofut~e.top,bf',[he bluff t-fM 31-3-14:31. ~aHjacen#`'to ttie Iung island Sgpgd, at The'Boartl of A eelswill hear all 8S5 Son¢diiew Avenue;' Mathhuk„ PP CI'lt]9417:.. persons, or'+theu. representatrves;'desir- 1d::35 g-m.7~ERFREX=ANI?CAROL, mg to be heard at each hearing; and/or desm¢gJto aubmi[ Swritten statements 'OA'K;i1b016'Request fora Varimtceun- before the conclusion of each hear- . der Section 280124, based on the Build-. ing..Each_hearing. will no[s[artearher ing Inspector's ApN 25, 2007 Notice of. than designated above. Filesare avail- °Disap„Ptoval,;::amended May 7,,2007. -..able for review-'durmg5regular busi- '.cat7r~iuung proposed additions and al ness hours:and pnor'totne tlay 9fthe terajaons fo"fHe exastmgidwellitig a[ less ~5 #eet.~rpiri Ijie trans. lo[ Ifn, e, at ` hearing. If you have ~9Nestlon; please a ~ do oat hestlate to aorttact our ot#aoe - ~'ri ova~me `YFey"3on'Shored Lots .'.nd21 (cothbmezfas onetotj, Sonth • at (631) 76'~1SE19;:or°by-emaiL Lida. - ~ 1 Kowalski@Town.Sonthold.n us _ ~~a m"FRANK R~LYON'and. Dated:Jme,~2007. y 'f~4.F~`PALIE =DII FONT LYON #6042: ZONNG BOARD,OF APPEALS; - lEequast foo a Vananee antler Sections, JAMES DIN1ZI0, JR.; Cf[AIItD4AN ' By-Lffid'a Kowalski' °~BA=14=and 2$0.122; basedon ZBA=.iu- 543754N4ia Road (O~ceLocatlon) t~rerpxeration #5039 (Walt Application),. 53095 Myln Road (lNkiling AddreasT :%ffjirY'babed on. the BmldmgLnspectot's~ ,+AP~;24, 20D7 Notice of -Disapproval. P,'O. Box ll79 =.:ca~eruing a proposed. addthonsand~ Southold,NY 11971.0959 '::allefaYions to~h (noncoafo(aning)'thud- $410.17 6/1Q. : atory_..bedroam In+:eil~CaShLa."aitiWe- -.+Fml~n~b nonu6Ga TOWN OF SOUTHOLD ~ (1, b BUILDING DEPARTMENT SOUTHOLD N.Y. NOTICE OF DISAPPROVAL Date: May 7, 2007 To: Ted Angell for Brewers Yacht Yard PO Box 447 Greenport, NY 11944 Please take notice that your application dated Apri19, 2007 For permit for an accessory pavilion at Location of property 500 Beach Road, Greenport, NY County Tax Map No. 1000- Section 43 Block 3 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed open air pavilion is not permitted pursuant to Article XXII Section 280- . 116B which states: "All buildings or structures located on lots upon which a bulkhead... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' of the bulkhead." The existing survey indicates the construction is approx. 13' to the bulkhead. Authorized Signature APPLICATION T(~ SOUTHOLD TOWN BOARD OF ~EALS ~ p" For Offece Dse Only Fee: Filed By: x~yrt/~? Date Assigned/Assignment No; OfticeNotes• ~ MAY ? a t.ui~'% ' i ~Ietrse No.~Oo Street '~Qtq Hamlet~jc~~,fj~~ / SCTM 1000 Section~Blockp~Lot(s) ~Z Lot Size /2• / Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED L{ 2~/- D BASED ON MA\P/DATED Applicant(s)/Owner(s): ~(Z~t.J~2 Yj9eH ~i~(2/~ MailingAddress: ,SOD ~iKt?N ~7 ('~~~~/~1~762/ t /V~ Telephon~ 3 7~-//S J Fax Email: NOTE: In addition to [he above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative:~,/~~ ~pN,fUG %/n/~ for (X) Owner, or ( )Other: Agent's Address: l~• ~ o~C ~U7 ~/I$Ltir/f~2/ y /il~/~S/l~ Telephon~~~~2~7~/~l~~Fax #~63/~ 285/- 39i 9 Email:/~~ {~,pa„iiS ~OOTn/1in/~.,U~ Please check box to specify who you wish correspondence to be mailed to, from the above names: ? Applicant/Owner(s), or Authorized Representative, or ? Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED - D 7 FOR: ~1C7 Building Permit ? Certificate of Occupancy ?Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~C/ / Section 280- ~ j~ Subsection Type of Appeal. An Appeal is made for: ~I A Variance to the Zoning Code or Zoning Map. ? A Variance due to lack of access required by New York Town Law-Section 280-A. ? Interpretation of the Town Code, Article Section ~ Reversal or ther A prior appeal has , has not been made at any time with respect to this aronerty, UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) ~ / G 9 / ~ t// ~y ~ , ~5~. /O~~ !n ~o Name of Owner: • ZBA 1~1 REASONS FOR APPEAL (additional sheets maybe used with nrenarer's sinnaturel: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: J~2or~osr~~ OP~'n/ ~41,Q SiRv~,t?~ ~luF~e~f s ~ I~~~ r~~ UJ~ . (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SiT~ /S ~a/ O®~n7/ ,t123~4 ~ffs4'T ~i?1Lt_ AUt71 IM~A~~1 /r'/~}/2,/t?~ ('.rLPS Yt}T i~$ i'~~~y (3) The amount of relief requested is not substantial because: /y£ ,J,c~oOas~ ~(7RUcI u2~ /S ,~J QP~n1 -Aa2 .C'J~9TNl~' r/lrcl~il (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: -~,2~~- ~~+tvf~ vsrc- f~Ro~ry ~~ti~s (5) Has the alleged difficulty been self-created? OYes, or (XjNo. Are there Covenants and Restrictions concerning this land: ~ No. ? Yes (Ulease furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AN PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult yo or ey.) nature o Appellant or rued Agent (Agent must submit written Authorization from Owner) Sworn to before me this d y day of ~2..z , 20~. Notary P blic LINDA J COOPER NOTARY PUBLIC, State of New York ~;C. 01C04822563, Suffolk Coufity ,,m Expires December 31, 20L ~ bo~\ ~ APPLICANT'S PROJECT DESCRIPTION ~7~ ~ 1 / (For ZBA Reference) Applicant: /fin/t~i2 YU,UGI~1 ~.Nn/J Date Prepared: 5- 2,5 -O 7 r F I. For Demolition of Existing Building Areas t Please describe areas being removed: ~ V~ s II. New Construction Areas (New Dwelling or New Additions/Extensions~:' Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet itnecessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: N. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: //2.r Sy; dF , Square footage of your lot: SZS . 3 9 7 ~f Percentage of coverage of your lot b~y boil ing area: V. Purpose of New Construction: ~(ZoVlpr~ OD,ZN-F}i2 ,S6i91tnl T ~o1L fLl.A7L/.t/~ f A i /2o n! c shv~LE~STP VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): L~ Co~u2 /S ~[.9T Tsar o('/iE is D/'~iSitJ ~l~lr f~l2/Yr1 Tl9~~C~17~TZ ~ ft ciP~r%iaa/ O r ~ u[.KSf~i7 C1ALE/n/ /A/S/!~6 Si - ~h'YS fEAT~2,~ /S TifL /~iFF~ct~~Ty LviTH THE CalJE ~ Th~our~J (.?2[.c-. SG>Ti~.9r« ~,~.fJLi~/ i~t~~ f Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; I/2007 ~ ~ _ >~~'i-~-~.u-e-~ ~czc~t~' ~r- srE ss<. w. ms 4q~ ~ ~ ~ ~ •w = sEE Seen ox • 5 E wx6 xo[ e.run ~ ~~r¢E xa.x0.o 0 . ~ ~l3 3 ~ i ~ T sr. aa¢s c[~. ~ uuo i a 4yE , s s ~ ' OK'd' ~ ~ ..P..larv / ~ ~ . Be ~y~ of . - °e., r =a~. ~ x, ~.~-Ne. Fa s m 3t O - - r ~ <o Hod ~ u ~ + 9 ~ ~ p _ r B O ell° e \ iC 5 ~s 9 5 a r^ Rf 0 I ~ ~ / Fha ~4a ~ n n a o , 'Q7 d+ , samm R )B 4 4 ' y laM1` r ~ ` xr P ~ z ~ e I GAROINERS BAY 3 s z~ ~ 11 r' Z _ ° U A ~ v wi~l~ _ o ~J l.ON >2 v SIEM.vC [x EEx M - O 6 - 10 I).1 ~3 i [i.x,.i5o.r z.u~n { € s \ t _ rzv 'w' - - ,dm„ti Rance - COUNTY OF SUFFOLK © K °"s SDUTHOLD sec ~ - ~ s.,„,,,,,,,, ~~{.,~~o,,.a.r ~ ,Heal Property iax Service Agency r - m _ _ Prw_-tf0 [unto Cmtx PlrrM1mQNY 11901 ~ O r ~ee.~ r ~ .w,.e: u. a-_ wee:w-..-- no a ~a~i+.e sutra r ~ om.nm um{v? _ a •ac._ vn P cw~swxume1000 nv PRO{ TOWN OF SOUTHOLD ~ BUILDII~ERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT D ou have or need the following, before applying? TOWN HALL Board of Health SOUTHOLD, NY,11971 ~ ~ 4 sets of Building Plans TEL: (631) 765-1802 Planning Boazd approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined , 20 Contact: Approved ,20 Mailto:~Q. y~j 7 Disapproved a/c Q ~ (~~'~tJw2T ~ ~ 1 ~ ~ y Y A~S~ Phone: W S 4 ~ Expiration , 20 Building Inspector `'PR 8 2i i~ APPLICATION FOR BUILDING PERMIT Date ~ Y t ,200 " INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the coristruction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code d r lions, and to admit authorized inspectors on premises and in building for necessary inspections. r , (Signature of applican o/r n'ame, if a corporation) o. 13G,~ 517 (~/t~inOv~/~~~~t/ (Mailing address of ap icant) State whether applicant is owner, lesse agent, rchitect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~~~„~,Z i'2 ~~~G'N % ~~~72 /7 (As on the tax roll or atest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ~T~y ~a~ ~ ~'i2~~.vnQ~ House Number Street Hamlet County Tax Map No. 1000 Section C~ 3 Block 0 3 : LoY ' ~ (')C) Z Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of p~ises and intended use and occupancy ~roposed construction: a. Existing use and occupancy ~ ~ r+-r ,2 c i z3 L b. Intended use and occupancy C P1 v~ rte- ~ r~ c 3. Nature of work (check which applicable): New Building ? Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost N/% Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. z2av /d ' ` ~ 7. Dimensions of existing structures, if any: Front o~ S Rear Zi Depth L~J Height l ~ r 3 c' Number of Stories ~ Dimensions of same structure with alterations or additions: Front Rear:. Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase /l/~ ~ Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 1l 13. Will lot be re-graded? YES NO Y Will excess fill be removed from premises? YES NO_ 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES. NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY O~z~~ f~~~o70cL~ /l.l~I~ G l being duly sworn, deposes and says that (s)he is the applicant (Name o individual psi/fining contract) above named, (S)He is the /'r ~ ~ ~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sw to before me this - day of ~ 20~ 1 ~ Not ry ublic Signature of nt MELANIE DOROSKI NOTARY PUBLIC, State of NaW `r911t No. 01004634870 Qualified in Suffolk County ~0 Commission Expires September 39, _ _ S-1zo~ r~ t~S. ~l l - vnctzf ~ . 1-~6-r-~~u-, a ~ ~~e 7~ `~~I;~( ~ ~ o~ic~iocnTioN: ~ ~~Of SO(/p9p mAiL1NC aDnizESS: ' Town Hall Annex l0 P.O. Box 1179 54375 State Route 25 J~[ l~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) G Q Telephone: 631 765-1938 Southold, NY • Fax: 631 765-3136 ~'YOOUPfi'r,~`~ LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James Dinizio, Jr., Chair f I~~~ r~ , ~ Southold Town Zoning Board of Appeals f ~ ~ U~ ~ From: Mark Terry, Principal Planner f _ ° i °~z`~`0 LWRP Coordinator ~ ~%/b Date: June 22, 2007 Re: ZBA File Ref. No. 6051 (Brewers Yacht Yard) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 63 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the proposed open air pavilion from the bulkhead/Trustee boundary is 15 feet the distance to the proposed open air pavilion from the wetland line is 60 feet minimum setback distance of 100 feet is required pursuant to Chapter 275-3. Findings; purpose; jurisdiction; setbacks. In addition, a minimum setback distance of 75 feet is required pursuant to Chapter § 280-116 B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action: l ' ,B.e,.~yCa-~ + 1 ~ lip ~ y J ~7 ~C MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SO(/lyo so P o is o~ us7l JERILYN B. WOODHOUSE ,`O l~ Chair ~ y OFFICE LOCATION: KENNETH L. EDWARDS N ]c Town Hall Annex MARTIN H. SIDOR ~ ~ ^~~O 54375 State Route 25 OSEPH LDTOWNSEND OlyCt7Ury 1 , (cor. MaSoutholdYNY gs Ave. ) I~ 1, Telephone: 631 765-1938 Fas: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM 6~z~P~~~ Date: 19 June 2007 To: James Dinizio, Zoning Board of Appeals Chair From: Jerilyn B. Woodhouse, Planning Board Gtaitperso~ Re: Appeal 6051 U Brewer Yacht Yard Pavilion 500 Sandy Beach Road, Greenport SCI'M: 1000-43-3-2 Zoning District: Marine II (VIII) In response to your memo dated June 13, 2007 the Planning Board has reviewed the site plan for this project, dated August 26, 2003 and last revised Apri125, 2007, and offers the following comments: • We are site planning this project under the Building Departments Notice of Disapproval dated April 24, 2007 stating that site plan review is required pursuant to Section 280-127. ¦ The Planning Board received an amended site plan application on Apri126, 2007 and began the referral process on May 2, 2007. • The Planning Board, at their public meeting on May 14, 2007, made a determination under SEQRA that the proposed action is a Type II (attached). In addition, the Planning Board has received comments from Suffolk County Department of Plam~ing and Greenport Fire District (attached). • The Plam~ing Board is currently reviewing a site plan drawing last revised Apri125, 2007. This revised site plan shows the 45' x 25' open air pavilion approximately 13' from the bulkhead to the west and 60' from the bulkhead to the east. ¦ The Plaru~ing Board is not requiring additional parking for the proposed construction as it is the Planning Board's understanding this open air pavilion is for patrons of the marina. ¦ The Planning Board supports this application, as proposed, pending review of the proposed site plan by the Town Engineer, LWRP, ARC and Building Department certification. In addition, the applicant must obtain approval from NYSDEC and Town Trustees for the proposed construction. We hope these comments will be useful to the ZBA in its review of this appeal. Cc: File Enc: Resolution dated May 15, 2007 Letter from Suffolk County Department of Planning Email from Greenport Fire District • • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~pf SO(/j~o P.O. Box 1179 JERILYN B. WOODHOUSE h0 Southold, NY 11971 Chair. .1L ~ OFFICE LOCATION: KENNETH L. EDWARDS Tu> >c Town Hall Annex MARTIN H. SIDOR ~ ~O 54375 State Route 25 OSEPH LDTOWNSEND ~~C~~~ (cor. M SoR h aYoNuinga Ave.) Telephone: 631 766-1938 Fax: 631 76b-3136 PLANNING BOARD OFFICE May 15, 2007 TOWN OF SOUTHOLD Mr. Ted Angell Alpha Consulting P.O. Box 447 Greenport, NY 11944 Re: Proposed Site Plan for Brewer Yacht Yard Pavilion Located on the corner of Manhasset Avenue and Sandy Beach Road known as 500 Sandy Beach Road in Greenport SCTM 1000-43-3-2 Zoning District: Marine II (MII) Dear Mr. Angell: The Southold Town Planning Board at a meeting held on Monday, May 14, 2007 adopted the following resolution: WHEREAS, this amended site plan is for a new accessory 45' x 25' open air pavilion on a 9.6-acre parcel in the Marine II Zone located on the corner of Manhasset Avenue and Sandy Beach Road known as 500 Sandy Beach Road in Greenport. SCTM# 1000-43-3-2; and WHEREAS, Brewer Yacht Yard is the owner of the property located on the corner of Manhasset Avenue and Sandy Beach Road known as 500 Sandy Beach Road in Greenport; and WHEREAS, on April 26, 2007, the agent, Ted Angell, working for the applicant, Brewer Yacht Yard, submitted an amended site plan application for approval; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5c(7), makes a determination that the proposed action is a Type II and not subject to review. If you have any questions regarding the above, please contact this office. Very truly yours, G~~~? ~ ~~~~.~vX Jerilyn B. Woodhouse Chairperson cc: Southold Town Building Department NYSDEC -Stony Brook Southold Town Clerk Southold Town Board of Trustees Southold Town Engineer File ~ COUNTY OF SUFFOL~ ~ STEVE LEVY !„~..---x SUFFOLK COUNTY EXECUTIVE ` r-~~~ THQD4AS-I S AC,P~r DEPARTMENT OF PLANNING s4~ , ®IRFfiTC,~20E:PLANNItdG } May 14, 2007 ~ ~~~s-' ~ ~ D 1, ~ ~ 2601 Town of Southold Planning Bd. MAY 53095 Main Road - P.O. Box 1179 Southold, NY 11971 " Attn: Amy Thiel, Sr. Planner 2~`='y''" Pursuant to Section 239E & M of the General Municipal Law, the folio&it, which has been submitted to the Suffolk County Planning Commission is considered to be a`anattar for local determination as there appears to be no significant county-wide orinter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Site Plan SCTM No. Brewer Yacht Yard Pavilion 1000-43-3-2 NOTE: Does not constitute acceptance of any zoning action(s) associated therewith before any other local regulatory board. Very truly yours, Thomas Isles, AICP Direc of Pl nning _ Andrew P. Frele , Chief Planner APF:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 . (631 ~ 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 853-4044 Ford, Amy From: Semon, Bruno Sent: Monday, May 21, 2007 8:40 AM To: Sylvia Lazzari-Pirillo Cc: Ford, Amy Subject: RE: [NEWSENDERj -Brewer Yacht Yard Pavilion -Message is from an unknown sender Hello Sylvia, Thank you for the reply and for your information Amy Ford Thiel is handling this specific site plan project for the Planning Department. I will copy her with this response for the file. Thank You Bruno ----Original Message----- From: Sylvia Lazzari-Pirillo [mailto:sylvia.lazzari@jenalex.com] Sent: Sunday, May 20, 2007 3:13 PM To: Semon, Bruno Cc: GREENPORT FIRE DEPARTMENT Subject: [NEWSENDER] -Brewer Yacht Yard Pavilion -Message is from an unknown sender Dear Mr. Semon: Please be advised that -per the meeting held on 16 May -the Fire Council oft e Greenport Fire Department accepted the site plan as submitted. (This i your SCTM 1000- -3-2.) Please feel free to contact Chief Cliff Harris (477-9801) or myself (917-459-9510) with any questions or comments. Thank you and best regards - Sylvia Pirillo GFD Recording Secretary 1 r , APPEALS BOARD MEMBERS ~~F $~(/l Mailing Address: .Tames Dinizio, Jr., Chairman ~0~ yOIO Southold Town Hall Gerard P. Goehringer 53095 Main Road • P.O. Box 1179 Ruth D. Oliva # ~ Southold, NY 11971-0959 ac Office Location: Michael A. Simon ~ Town Annex /First Floor, North Fork Bank Leslie Kanes Weisman lyC~~~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://so u Ihol dto w n. northfork. ne[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 12, 2007 ZB File No. 6051 -BREWERS YACHT YARD Property Location: 500 Beach Road, Greenport CTM 43-3-2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEORA. PROPERTY FACTS/DESCRIPTION• The applicant's property contains an area of approximately 9.56 acres of which 7.3 acres is above the mean high water line of Sterling Creek. The property has frontage along two streets: 479.60 feet along the south side of Manhanset Avenue and 481.84 feet along the west side of Sandy Beach Road. The premises is zoned M-II Marine, and is improved with buildings and structures related to the existing boat yard with sales, storage, repair facilities, display, club house, shop building, marina and related uses, as shown on the August 9, 1991 survey, amended November 4, 1997 by Joseph A. Ingegno. BASIS OF APPLICATION: Zoning Code Section 280-116, based on the Building Inspector's May 7, 2007 Notice of Disapproval concerning a proposed accessory (pavilion) building at less than 75 feet to the existing bulkhead. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was on May 14, 2007 determined to be a matter for local determination as there appears to be no significant county-wide or inter- community impact pursuant to a reply received from the Suffolk County Department of Planning, after referral by the Town of Southold as required under the Suffolk County Administrative Code Sections A 14-14 to 23. LW RP: TOWN CODE CHAPTER 268 DETERMINATION: A June 22, 2007 letter was issued by the Town's LWRP Coordinator, Mark Terry, stating this action was reviewed, and stating the action to be inconsistent under the policy standards of Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and the Local Waterfront Revitalization Program, stating that Policy 6.3 requires compliance with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant obtained a permit under Chapter 275 and Chapter 111 of the Town Code under Town Trustees Permit #6616. Also, the applicant will install a gutter system leading into drywells, to 0 Page 2 - July 12, 2007 ZB File No. 6041 -Brewers Yacht Yard at Greenport CTM No. 43-3-2 contain the roof run-off at all times, as well as placement of staked hay bales to protecting the edge of wetlands and placed prior to and during construction. The structure is not an enclosed building, but instead is an open-air pavilion, open on the sides. The application is mitigated by the fact that this structure will be without running water, interior plumbing and heating facilities, that it is intended only as an accessory recreational area for the patrons of the marina without the need for extra sanitary system installation near the waterfront or pavilion, that the location of the pavilion has been authorized by the Town Trustees, that before a building permit is issued all applicable agencies authorizations will be obtained by the applicant; and that buffers are proposed with plantings to separate the easterly and southerly edge of wetlands from the new construction and related site activity. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 28, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a 25' by 45' open air pavilion at a minimum of 13 feet from the (westerly) bulkhead at its closest point and at least 75 feet from the opposite (southerly) bulkhead, as shown on the site and parking plan sheet 2 prepared by Daniel S. Matchez and Associates, Inc. with ZBA date stamp of May 30, 2007. The height of the pavilion will be 18'3" to the top of the ridge, as shown on Pole Barn Floor and Elevation Plan Sheet 1 of 1 prepared by Earl Hardy. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant wishes to build an open air pavilion for the use of the Marina occupants 13 feet from the bulkhead (adjacent to the dockage on the west side of the bulkhead). The structure measures 25' by 45'. The proposed structure is surrounded by the Marina buildings, concrete pads, fire access routes, parking areas, and related facilities. The only neighbor to the southeast is a launching ramp owned by the Town of Southold. To the east are wetlands, the edge of which is proposed 60 feet from the pavilion. The structure is 18'3" at its highest point and is proposed to be open on all sides and only roofed to keep out some of the elements. A split rail fence and plantings will be maintained to buffer areas immediately surrounding the pavilion. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other location on the property for the placement of the pavilion, for the same reasons noted above. 3. The variance granted herein is substantial. The code requires a 75 ft. setback from the bulkhead and although the pavilion will be only 13' from the bulkhead, it will not be enclosed and the sides will be open except for a roof to provide some relief from the elements. Page 3 - July 12, 2007 ZB File No. 6041 -Brewers Yacht Yard at Greenport CTM No. 43-3-2 4. The difficulty has been self-created as the applicant decided to plan for a pavilion knowing the restrictions of the property. s 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the use of a pavilion for their marina occupants, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the site and parking plan Sheet 2, prepared by Daniel S. Matchez and Associates, Inc. and shown on Pole Barn Floor and Elevation Plan Sheet 1 of 1 prepared by Earl Hardy, both maps with ZBA date stamp of May 30, 2007, subject to the following Condition: That a complete gutter system be installed leading to a drywell system, with continued maintenance for all roof water runoff. That this ZBA condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Di ~zio (Chairm ,Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5- J es Dinizio Jr., C irm 7/t ~ /2007 proved for Filing