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Home My WebLink About6150 APPEALS BOARD Gerard P. Goehringcr. Chairman Ruth D. Oliva James Dinizio~ Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: Southold Town Hall 53{)95 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Suuthold, NY 11971 Tel. (631) 765-1809o Fax (6311 765-9064 FINDINGS, DELIBERATIONS AND DETERMI~~_..~.'_ _.~_ MEETING OF JANUARY 8, 2009 ZBA # 6150 - SOUTHOLD PROPERTIES LLC, PRINCIPI PROPERTIES PROPERTY LOCATION: 64300 Route 25 (a/k/a Main Road, formerly Mill Creek Inn), Greenport CTM 56-7-2 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The subject parcel consists of 131,062 square feet or 3.009 acres with 177 feet fronting on Peconic Bay and 68.75 feet along the Main Road. The parcel is improved with a restaurant (under construction) and existing boat basin and is located in the M-II Marine Zone District as described on the survey by Hands on Surveying, Martin D. Hands, L.S. dated December 3, 2004. BASIS OF APPLICATION: Requests for Variances under Sections 280-56 and 280-116B, based on the applicant's request for a building permit and the Building Inspector's amended December 4, 2008 Notice of Disapproval concerning as-built construction set back less than 25 feet from the westerly side lot line and proposed deck construction at less than 75 feet from the bulkhead adjacent to tidal water Page 2 of 5 2009 ZBA#6150 Southold Properties LLC, Princlpl Properties CTM 56-7-2 LWRP DETERMINATION: A Letter from the Town LWRP Coordinator was submitted confirming inconsistency under Chapter 268, Policy 6, Waterfront Consistency Review of the Town of Southold Code and the Local Waterfront Revitalization Program (LWRP) standards. The newly constructed restaurant was rebuilt on the footprint of a pre-existing non-conforming restaurant with minimal setbacks from the bulkhead (boat basin) along Peconic Bay. In MII zones the 75' setback recommended in Section 268 Policy 6.3 is difficult if not impossible to achieve. In so far as the new exterior deck and ramp construction will enhance the enjoyment of the restaurant on this waterfront, the decks are consistent with LWRP policy since the runoff will be controlled by a drainage infrastructure signed by John Condon, P.E. and which must be designed to be consistence with the Town's Drainage Code and other agency codes. It is noted that all of the land is developed in proximity to the decks, noting the walkway and bulkhead construction that exists on the seaward side of the new decks. The applicant will meet Policy 6.3D by providing adequate buffers to protect the waterfront area, as well following procedures to meet other codes, and this will allow a balancing of the code policies to allow the proposed access and continued use. RELIEF REQUESTED: The applicant requests variances for: 1. An one-story extension on a crawl space to the west side of the building with a 4.4 ft. side yard setback, 2. Deck on the seaward easterly side of the building with +/- 1.7', 12.4', and 22.9' setbacks from the bulkhead, and 3. Deck on the seaward westerly side of the building with 2.2 feet and 18.7 feet from the bulkhead, and 8.6 feet from the westerly side yard set back at the closest point, all as shown on the 9/30/2008 as-built topographical site survey map prepared by Martin D. Hand, L.S. and the attached detail showing the proposed westerly deck (stamped received by the Board of Appeals December 2, 2008). ADDITIONAL INFORMATION: The Building Department issued a building permit (#32599) which included the storage addition that replaces a previously existing shed and cooler. After the exterior shell of the building was completed, the Building Inspector determined that the permit was issued in error and issued a Stop Work Order. The applicant and the Building Inspector agreed that the applicant would apply for a variance and continue work on the rest of the building in lieu of a challenge to the legality of the Stop Work Order. Page 3 of 5 Janu 2009 ZBA #6150 - Southold Properties LLC, Principi Properties CTM 56-7-2 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3)(b)(3)(1). Grant of the variance for the as-built westerly extension will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The extension replaces a previously existing attached shed, concrete pad and walk in cooler that was on the property with virtually no setback for many years prior to the applicant's acquisition of the property. The ZBA previously granted a variance for a shed (Appeal No: 4313) located at 2.5' to 4' fi~om the westerly side line. This shed has been removed and the as-built extension is much more attractive and increases the side yard to 4.5'. Grant of the variance for the setbacks from the bulkhead for both the east and westerly decks will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the decks will not be visible from the landward sides of the property), are open decks constructed at the same elevation as the first floor of the restaurant, and have the same or greater setbacks from the bulkhead as the restaurant. The decks will enhance the use of the waterfront and are important to the restaurant's operation. Grant of the 8.6' side yard setback at the closest point for the westerly deck will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties with the conditions noted below. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some ~nethod, feasible for the applicant to pursue, other than area variances. There are no other locations available for the westerly extension other than the previous shed location permitted under Zoning Appeal 4313. The only practical location for exterior decks is on the seaward side of the restaurant for accessible outdoor purposes which are non-conforming and not permitted without a variance. 3. Town Law §267-b(3)(b)(3). The variance for the as-built extension is not substantial insofar as it replaces an attached shed in the same location, while increasing the side yard setback. The variances for the partially framed and proposed decks are substantial in relation to the setback requirements of the code. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. It results from the location of the pre-existing and reconstructed restaurant and bulkhead. Page 4 of 5 Januar~"~, 2009 ZBA #6150- Southold Properties LLC, Principi Properties CTM 56-7-2 5. Town Law ~267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There are other compatible Marine uses in the area with similar nonconforming setbacks from their buildings and structures. The restaurant and boat basin have existed in this location for many years without creating adverse impacts. The proposed decks have no foundation and will be built on 12" SOhO-tubes at 4 feet below grade to avoid land disturbance close to the bulkhead. 6. Town Law §267-b. Grant of the relief as applied for on the proposed westerly deck, the partially framed easterly deck and the as built westerly extension are the minimum actions necessary and adequate to enable the applicant to enjoy the benefit of a functional restaurant with outdoor dining, 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 Weisman, seconded by Chairman Goehringer, and duly carried, to GRANT the variances as applied for as shown on the drawing by Mark Schwartz, AIA Architect, labeled 1st Floor Plan, Sheet Number A-4 dated May 2, 2008 and as amended on the 9/30/2008 as-built topography map prepared by Martin D. Hand, L.S. and the attached detail showing the proposed westerly deck, stamped received by the Board of Appeals December 2, 2008, subject to the following Conditions: 1. Both the easterly and westerly decks shall remain unheated and open to the sky, and 2. A line of evergreen trees at least five feet (5') high and three feet (3) apart - on center - shall be planted and continuously maintained to provide privacy screening along the westerly property line for approximately 28 linear feet extending from the bulkhead to the north end of the westerly deck. That the above conditions 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 apphcant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action Page 5 2009 ZBA #6150 - Southold Properties LLC, Principi Properties CTM 56-7-2 does not authorize or condone any current or future use, setback or other feature of the subiect property that ~nay 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 Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). / G~ d P. Goehringer, Chairma~ 1//24~2000 /~pproved for Filing 1ST. FLOOR PLAN 'ED ~/I ~,/~ S 89°52'00" E 98.42' EP.: 7.8' 36.1' FN 7.4'W FN64'W I WD. WALK EL.: 3.0' D DOCK (FLOATING _TYPICAL) e, o01 FLOATING Dock 7.4' 2.7' I~L MAP EVIEWED DECISION # DATED i., I Y,,. ×57' 52' WO. WALK EL.:3,4' ~sTC ~L,: ~ FRONT ELEVATION EWED BY ZBA .~o. ,~,, SEE DEC/SION# ~,/,5~ ASBU/LTW/TOPO~3O/08 ' ~ ~, ~. FOR PE~IT 11~ ~PDATE & PLOT FI ~S IN BASI~ ~PDATE SURV~ ~1~ L~ ~DE ~ ~L ~, ~: ~- ~: ~' ~- 4:30 AM 1~7 m~~~z~f~.) HANDS ON SURV~NG ' ( RRM ) P~L ~ ~ ~ ~ DA ~ ~ Y 4~ f99~ F~ND~S, N~ YO~ ~ I2-17-08;14:'6 ; 82SSab6b ; ~ I I TO: Southold Progs. xti~s LLC 64300 Routo 25 Greenport, NY l 1944 FORM NO. 3 NOTICE OF DISAPPROVAL 17 3 DATE~ January .19 2008 AMENDED: March 25, 2008 .... AMENDED: December 4, 2008 Please take notice that your application dated January 14, 2008 For permit for an "as built" portion of an under-construction buitding and proposed rear flecks at Location of propea-ty 64300 Route 25, Greeeport, NY 119t4 County Tax Map No. 1000 - Section 56 Block7 1,0t2 Is returned Nxewith and disapproved on thc following ground~: The "as built" construction, on this conforming parcel ia the MI1 District, is not permitteA purauam to Article XIII Section 280-56, which sates, "No building shall be used and no building or part thereof shall be erected or altcxcd ia the Mil District unless the same conforms to the Bulk Scliedule and Parking Hud Loadina Sch~ules i-oorooratcd into ~ elmpter by ref~ence~ wlth the same force and effect ff such regulations wexe set forth herein m full." Bulk schedule requires a minimum single side yard setback of 25 feet. The "as built" addition notes a single side yard setback of 4.4 feet and the pr0ooaed rear deck addition (west side) is noted as beine 8.6 feet from the property llne. In addition, the orooosed decks (east and west1 are not permitted to Article XXH Section 280q16 B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which arc adjacent to tidal water bodies other than sounds shall be set back not than seventy-five (7~} feet from the bulkhead." The proposed decks are noted ns being +/- 1.7, 12.4 and 22.9 l~et feast deck) from the bulkhead and 2.2 and 18.7 feet from the bulkhead (West deck). This Notice of Disapproval was issued based on an under-construction survey, last dated 1/14/08~ by Martin Hands~ L.S. and amended on March 25, 2008 to include additional proposed work not yet started. This notice was amended on Decemb~ 4, 2008 following the submission of a revised survey~ last dated Nov~h~er~25~. 20.._~08,.by-~lnrtln Donald Hand, LS · tho./zea CC: file, Z.B.A. Note to Appllcanf: Any change or deviation to the above referenced application may reqtdre additional review from the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL TO: [}EC - 8 Please take notice that your application dated January 14, 200g Southold Properties LLC 64300 Route 25 Greenport, NY 11944 ATE: January 19, 2008 MENDED: March 25, 2008 MENDED: December 4, 2008 For permit for an "as built" portion of an under-construction building and proposed rear decks at Location of property 64300 Route 25, Greenport, NY 11944 County Tax Map No. 1000 - Section 5~6 Block7 Lot_2 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this conforming parcel in the Mil District, is not permitted pursuant to Article XIII Section 280-56, which states, "No building shall be used and no building or part thereof shall be erected or altered in the MII District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in full." Bulk schedule requires a minimum single side yard setback of 25 t~et. Thc "as built" addition notes a single side yard setback of 4.4 feet and the proposed rear deck addition (west side) is noted as being 8.6 feet from the property line. In addition, the proposed decks (east and west) are not permitted to Article XXI1 Section 280-116 B, which states[ "Ali buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are ad.iacent to tidal water bodies other than sounds shall be set back not less than seventy-five {75} feet from the bulkhead." The proposed decks are noted as being +/- 1.7, 12.4 and 22.9 feet (East deck) from the bulkhead and 2.2 and 18.7 feet from the bulkhead (West deck). This Notice of Disapproval was issued based on an under-construction surve% last dated 1/14/08~ by Martin Hands, L.S. and amended on March 25, 2008 to include additional proposed work not yet started. This notice was amended on December 4, 2008 following the submission of a revised survey, last dated :2008 b¥~artin Donald Hand, LS CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. TO: Southold Properties LLC 64300 Route 25 Greenport, NY 11944 FORM NO. 3 NOTICE OF DISAPPROVAL DAT : JanumTg AMENDED: March 25, 2008 Please take notice that your application dated January 14, 2008 For permit for an "as built" portion of an under-construction building and proposed rear decks at Location of property 64300 Route 25, Greenport, NY 11944 County Tax Map No. 1000 - Section 5._~6 Block7 Lot2 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this conforming parcel in the MII District, is not permitted pursuant to Article XIII Section 280-56, which states, "No building shall be used and no building or part thereof shall be erected or altered in the MII District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in full." Bulk schedule requires a minimum single side yard setback of 25 feet. The "as built" addition notes a single side yard setback of 4.5 feet and the proposed rear deck addition {west side) is noted as being 2.5 feet from the property line. In addition, the proposed decks (east and west) are not permitted to Article XXII Section 280- 116 B, which states; "All buildings located on lots upon which a bulkhead, concrete wall~ riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed decks are noted as being +/- 1 foot from the bulkhead at the closest point. This Notice of Disapproval was issued based on an under-construction survey, last dated 1/14/08, by Martin Hands~ L.S. and amended on March 25~ 2008 to include additional proposed work not yet s~ ~ x".....~thorized Sign~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 19, 2008 TO: Southold Properties LLC 64300 Route 25 Greenport, NY 11944 Please take notice that your application dated January 14, 2008 For permit for an "as built" portion of an under-construction building at Location of property 64300 Route 25, Greenport, NY 11944 County Tax Map No. 1000 - Section 5~6 Block7 Lot2 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this conforming parcel in the MII District, is not permitted pursuant to Article XIII Section 280-56, which states, "No building shall be used and no building or part thereof shall be erected or altered in the Mil District unless the same confbrms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in full." Bulk schedule requires a minimum single side yard setback of 25 feet. The "as built" addition notes a single side yard setback of 4.5 feet. This I~goti~e~0~ Dis~p~p oval was issued based on an under-construction survey, last dated 1/14/08, b2~'l~artin Hands~ L..S~-- ~horiz~d Sig///natur/~ CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. TOWN OF SOUTHOLD BUIDDING~DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 PERMIT NO. BUILDING P~MIT APPLICATION CHECKLIST Do y~ve or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Approved , 20 Mail to: ~O ~/gq8 Disapproved a/c____ 4-- ,~-- .... ~/ll~g:~/~t/~ Expiration [ ,20 g~ /~. J~ [ I ' ~ APPLICATION F~BUILDING PERMIT Date I ' /~l ,200~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in i~ 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 punic streets or areas~ a~d wate~vays. c. Thc work covered by this application may not be co~nenced before issuance of Building Pe~it. d. Upon approval of this application, the Building Inspector will issue a Building Pemit to the applicant. Such a pe~it shall be kept on the premises available tbr inspection throughout the work. e. No building shall be occupied or used in whole or in pa~ for ~y pu~ose what so ever until the Building Inspector issues a Ce~ificate of Occupancy. f. Eveu building pe~it shall expire if the work authorized has not co~enced within 12 months a~er the date of issuance or has not been compIeted within 18 months from such date. If no zoning amendments or other regulations aflkcting the prope~y have been enacted in the interim, the Building h~spector may authohze, in w.dting~ the extension of the pemfit for an addition six months. Thereafter, a new permit shall be required. ~PLiCATION IS HEREBY M~E to the Building Department for the issuance of a Building Pemit pursuant to the Building Zone Ordinance of the Town of Southold, Suflblk County, New York, and other applicable Laws, Ordinm~ces or Regulations, fbr the construction 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, and regulations, and to admit authorized inspectors on premises and m building for necessary inspections. ll T/ (Mailing address o f applicant ) State whether applicant is oxw~er, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises l~,~rO[~l Pt~.~i'~'& (.~_.~ (As on the tax roll or latest deed) 1~ ~sp ic nt ' a corporati)rat~.n, signat~,~~of du, ly authorized officer {,~ame and titl~orporate 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: Hamlet House Number Street County Tax Map No. 1000 Section Subdivision Block ~-~(1:} Lot 7 Filed Map No. Lot State existing use and occupancy of premises and intende~ use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee Addition Alteration ~er Work .i~-~~ption) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. q14/,l~ 7. Dimensions of existing structures, if any: Front ear Depth Height_ Number of Stories ! Dimensions of same structure with alterations or additions: Front Depth_ Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner I 1. Zone or use district in which premises are situated t'~ff ~r'>'~IY~ 12. Does proposed construction violate any zoning law, ordinance or regulation'? YES NO 13. Will lot be re-graded? YES__ NO I~Will excess fill be removed from premises? YES__ NO ~ 14. Names of Owner of premises ~t.~h~8~-,IO~l Address ?O- ~44" t~/~ Phone No. ~'t- Name of Architect g'PI,~C_,_~. ~ Address ,.SOot:~o~...~ ~ Phone No Name of Contractor /~O't,d~,~:~/ Address II q"ll Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater xvetland? *YES ~' NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITSJ~iAY 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. ! 7. If elevatiou at any point on property is at l 0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO / · IF YES, PROVIDE A COPY. STATE OF ,NEW YORK) SS: COUNTY OF .~,~ {~k ) v - (S)He is the ~,,~ being duly sworn, deposes and says that (s)he is the applicant fact) above named, 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 statemcnts contained in this application are tree to the best of his knowledge and belief; and that the work will be pertbrmed in the maimer set forth in the application filed therewith. Sworn to bctbre me this I'q'4t~ day of_ ~I'.~,~ o ~t~ ~t 200:~ N OTA~~Of New York Ho. 01 JUG059400 Quad[fi' d in Suffolk Coun~ Commission Expires M~X 29, 20 [ ~ of Applic~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~ & ~._~ ~ 6: WL~,GE D~ST.SUB. ?r,l.i, FO~E~ OWNER~F~e~ N E ACR. S W ~PE OF BUILDING RES. S~S. VL. FA~ CO~. ~B. ~ICS. ~ AND I~P. TOTAL DATE ~KS 1% 2~o Tillable FRONTAGE ON WATER W~lond FRONTAGE ON ROAD / ~e~dowl~nd DEPTH ~ V ~ 00 Hou~ Plot BULKH~D APPLICA~I~oN TO THE SOUTHOLD TOWN B~ARD OF APPEALS Fee: $ Office Notes: Filled By: For Office Use Only Date Assigned/Assignment No. Parcel House No. 64300 Street Main Road Hamlet Greenport SCTM 1000 Section 05~6 Block 7~ Lot(s) 2_ Lot Size 3 acres Zone MII I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BU/ILDING INSPECTOR January 19,2008 BASED ON MAP DATED January 14,2008 ~a,,~.t,/b Applicant/Owner(s): Principi Properties, LLC Mailing Address: PO Box 1248, Southold, New York 11971 Telephone: (631) 734-2410 Fax #: Email: NOTE: In addition to the above please complete below if application is signed by applicant's atlomey, agent, architect, builder, contract, vendee, etc. and name of person who agents represents: Name of Representative: AbigailA. Wickham for ( X ) Owner, or ( ) Other: Agent's Address: Wickham, Bressler, Gordon & Geasa, P.C., P.O. Box 1424, Mattituck, New York 11952 Telephone: (631) 298-8353 Fax #: (631) 298-8565 Email: wwblaw(~aohcom Please check box to specify whom you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s) X Authorized Representative -IOther Name/Address WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 1/14/08 and DENIED AN APPLICATION DATED 1/14/08 FOR: rn Building Permit n Certificate of Occupancy Pre-Certificate Occupancy cl Change of Use [] Permit for As-Built Construction Other: Note: "as built" structure was included in building permit #325995, was fully constructed pursuant to that permit Provision ofthe Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article XIII Section 280-56 Subsection Type of Appeal. An Appeal is made for: cl A variance to the Zoning Code or Zoning Map. t2 A Variance due to lack of access required by New York Town Law-Section 280-A [2 Interpretation of the Town Code, Article Section ~ Reversal or Other A prior appeal ~ has or [] has not been made at any time with respect to this property, UNDER Appeal No. 4313 Year 1995 . for insufficient sideyard setback of 2.5 to 4 feet for shed. (Please be sure to research before completing this question or call our off]ce to assist you,) Name of Owner: Principi Properties, LLC ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature) This appeal addresses the one story 13 x 18 extension off the west side. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (a) there were an attached shed, concrete pad and walk-in cooler in that location with virtually no setback for many years prior to applicants acquistion of the property (b) the ZBA granted a variance for a shed (Appeal #4313) located 2.5 to 4 feet from the westerly sideline. This shed has recently been removed, but it was located near the extension, closer to the sideline and was much less attractive than the extension. (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: there is no other location available other then the shed location permitted under Appeal 4313, and a detached structure would be inconvenient to the conduct of the business. (3) The amount of relief requested is not substantial because: the extension is in the same area as the former cooler, attached shed and concrete pad, but is significantly more attractive and functional. It is more of a setback than that previously approved by the ZBA. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the extension is in the same area as the former cooler, attached shed and concrete pad, but is significantly more attractive and functional. It is more of a setback than that previously approved by the ZBA. (5) Has the alleged difficulty been self-created? ( ) Yes, or (X) No. Other factors: The Building Department issued a building permit which included the structure. After the exterior shell was completed, Mr. Verity determined that the permit was issued in error and issued a Stop Work Order. The applicant and the Building Department agreed that the applicant would apply for this variance and continue work on the rest of the building in lieu of the challenge to the legality of the Stop Work Order. Sworn to before me thls 2008 Signat Appellant or A Agent (Agent time.submit written Au~oriza]ion from Owner) Richard Principi, Member [. / PrincipiProperties, LLC ~J Cheryl Simons ~otary Public, State Of New York No. 31-4970341 OusIified In Suffolk County /, Commission Expires Februa~J 4, 20/.../_ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Sufl¥1k County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant couuty-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Mnnicipal File Number(s) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffl'ies 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thonras Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H, LEE DENNISON BLDG 41HFLOOR P,O. BOX6100 (6311853-5191 100 VEIERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 MEMORANDUM To: From: Date: Re: Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator June 24, 2008 Request fora Variance Pfincipi ZBA#6150 The proposed action which 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 from LWRP review pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The setback from the proposed rear decks (east and west) to the bulkhead is +/- 1 foot; a minimum setback of 75 feet is required by Article XXII1. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] "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 (rom the bulkhead...." Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Please contact me with any questions. Albert J. Krupski, President James King, Vice-President Artie Fester Kan Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 6197A Date of Receipt of Application: September 21, 2005 Applicant: Principi Properties, LLC SCTM#: 57-7-2 Project Location: 64300 Main Rd., Southold Date of Resolution/Issuance: September 21, 2005 Date of Expiration: September 21, 2007 Reviewed by: Board of Trustees Project Description: To demolish the existing two-story frame building leaving in place the existing foundation. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code. The issuance of the Administrative Permit allows for the operations as indicated on the survey prepared by Martin D. Hands dated December 3, 2004. Special Conditions: A line of staked hay bales and a snow fence must be installed along the bulkhead prior to demolition in order to prevent any debris from going into the water. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Albert J. Krupski, Jr., President Board of Trustees TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALE SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Exalnined ,20 PERMIT NO. W BUIL?fNG PERMIT APPLICATIOai~HECKL[ST Do you have or need the followi~}fore applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y S.D EC Trustees Flood Pmmit Storm Water Assessment Form Contact: Approved , 20 Mail to: ~{~ Disapproved a/c ,L~.~ Expiration ....... t / ,20 k .' ~ f [,, 3~ I ~ 5Z.q APPLICATION F~BUILDING PE~IT ,.. ; Date I' /Z[ ..... 20 ~L. - - ~ INSTRUCTIONS a. Ths application MUST be completely filled in by t~ewnter or in it~ and subdued to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showNg location of lot and of buildNgs on presses, relationshp to adjomNg premises or public streets or c. ~e work cov~ by ~is application may not be co~enced before issu~ce of Bulldog Pe~it. d. Upon approval offs applicahon, the Bufld~g Nspect0r will issue a BufldNg Pemt to the applic~t. Such a pemt sha~ be kept on the pr~ses available for inspection throu~out the work. e. No building shall be occupied or used ~ whole or N pa~ for ~y pu¢ose what so ever until the Building hspector issues a Ce~ificate of Occup~cy. f. Eve~ building pemt sh~l expke if the work au~odzed has not co~enced withn 12 monks aRer the date of issu~ce or has not been completed within 18 months fi'om such dat~. ~no zo~g amen~ents or o~er re~lations affectNg prop~y have been enacted in the ~te~m, the Building Nspector may a~thome, N ~tNg~ ~e extension of the pe~t for addition six months. ThereaRer, a new pe~it sh~l be requked. , ~PLICATION IS ~BY M~E to the Buil~g Depa~ment for the issu~ce of a BufldNg Pemt pursuit to the Building Zone Ordinance of ~e Town of Southold, Suffo~ County, New York, and other applicable Laws, Ordin~ces or Re~lations, for the construction of buildNgs, additions, or alterations or for removal or demolition as herein desc~bed. T~e applicant agrees to comply with ali applicable laws, ordinances, buildNg code, hous~g code, and re~lations, ~d to a~t authohzed inspectors on premises and in building for necess~ inspections. 1l~71 (Mail~g address o f a~licant) State whether applicant is owner, lessee, agent, architect, en~neer, general con.actor, electfici~, pl~ber or builder Nmne of owner of premises (As on the tax roll or latest deed) I~Tamt/i/s a corporat!~n, signa .t~: of' du, ly authorized officer e and tiff orporate 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: Oq3oo House Number Street County Tax Map No. 1000 Section Subdivision }4'//i~-. Hamlet Block ~:~ Lot 7--2, Filed Map No. ' Lot 2 State existing use and occupancy ot'prelnise intended use and occupancy of proposed a. Existing use and occupancy It¢~(~ /'~-r~-6¢i~¢~"/' b. Intended use and occupancy~'~'"' 3 Nature o f work (check which applicable): New Building_ Repair Removal Demolition 4 Estimated Cost Fee 5. If dwelling, numb9r of dwelling units If gara9e, number of cars Addition Alteration Other Work '~.,~'J:ICl~.l:lh~P¢~, '~' (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. I f business, commercial or mixed occupancy, specify nature and extent of each type o f use. _~¢/I/,~.~ Cc, 7. Dimensions of existing structures, if any: Froat c~6"~'¢~'t'l~r~ear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stodes 8. Dimensions of entire new construction: Front Rear Height Number of Stories 9. Size of lot: Front Rear Depth .Depth Rear l 0. Date of Purchase Name of Former Owner 1 l. Zone or use district in which premises are situated t'¢]~. 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO ~/~Will excess fill be rentoved from premises? YES NO 14. NamesofOwnerofpre~nises ~ ~l Addr ss/'~.O- ~t~r/~4]t~ PhoneNo.(~,..~/- 74~/4 NameofArchitect ¢/'t/IC, d~r..~,,f,.t~'"/'r Address .._%Oc-q:~of..~ ~ PhoneNo Name of Contractor /'~O',,~:*}2,.' Address !1 q~'// 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? * 5~ES ~ 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. 18. Are there any covenants and restrictions with respect to this property? * YES NO / · IF YES, PROVIDE A COPY. STATE OF .NEW YORK) SS: COUNTY OF $~.~{:-1~ ) (~¢~ ~ being duly sworn, deposes and says that (s)h~ is the applicant of individua~'~gnin~ contract) above named, 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 trae to the best of his knowledge and belief; and that the work will be performed in the maimer set forth in the application filed therewith. Sworn to before me thi~ ~ I~}4~ dayof ~'.~,~ o ~ ,t 200~, N OTA R~of New York No. 01JU~059400 FORM NO o 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICAT~ OF O(~uPANCY No Z-23718 Date June 21¢ 1995 THIS CERTIFIES that the building AC(~SSORY Location of Property 64300 MAIN RO~D G~EENPORT, N.Y. Rouse No. Street Hamlet County Tax Map NO. 1000 Section 56 Block 7 Lot 2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAy 10, 1995 pursuant to which Building Permit No. 22845-S dated JI~[E 21¢ 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The Occupancy for which this certificate is issued is EXISTING ACCESSORY SHED WIT~ PLUMBING IN SIDE YARD OF COMMERCIAL PROPERTY AS /%PPLIED FOR & AS PER ZBA ~4313. The certificate is issued to ROY J. $~HOENHAAR (ow=er) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 1/81 N/A N/A FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 32599 Z Date DECEMBER 18, 2006 Permission is hereby granted to: PRINCIPI PROPERTIES LLC PO BOX 1248 SOUTHOLD,NY 11971 for : CONSTRUCTION OF A NEW RESTAURANT BUILDING WITH ATTIC STORAGE ONLY PER DEC, TRUSTEES, SCHD W/ FLOOD PERMIT/COMPLIANCE AE(8) VOIDS PERMIT ~30971Z at premises located at 64300 County Tax Map No. 473889 Section 056 pursuant to application dated DECEMBER Building MAIN RD GREENPORT Fee $ Inspector to expire on JUNE 3,646.20 Block 0007 Lot No. 002 18, 2006 and approved by the 18, 2008. ~iS~l~t ureh ORIGINAL Rev. 518102 APPLICANT'S PROJECT DESCRIPTION (For Z.B.A. Reference) Applicant(s): Principi Properties, LLC I. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: March 19, 2008 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A 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: IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet 'necessary) - please describe building arcas: Number of Floors and General Characteristics BEFORE Alterations: Restaurant on first floor, apartment on second floor Number of Floors and Changes WITH Alterations: Restaurant on first floor, storage on second floor Height of Extension is 13' 10" to top ofroofi 16' 10" to top of railing IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property:see attached Schedule from Mark K. Schwartz, Architect Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: To upgrade antiquated restaurant building 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): N/A VII. Covenants affecting Premises: Deed dated Ma,/ 13, 1938, recorded in Liber 1746 Page 533* "And the said party of the second part, for himself, his heirs, executors, administrators and assigns, does hereby covenant and agree to and with the said parties of the first part, their heirs and assigns as follows: That he will not excavate material or clay from said land and use the same in the manufacture of brick, nor will be making a clay pit out of the same. These covenants shall run with the land and shall be construed as real covenants running with the land." *Legibility of deed is poor so we have recited them above. 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 e altered with the yard view. /~p, ,~->,p f Town of Somhold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. * Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law'. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#J000-56 7- 2 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. _X Board of Trustees ZBA X Note: Building Permit 32599 and Notice of Disapproval, Trustees Administration Permit 6197A 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. gram, loan, subsidy) (c) Permit, approval, license, certification: _X Nature and extent of action: Variance tbr building extension 13.6' x 18.2', West side, within 4.5 feet of sideline. Location of action: 64300 Route 25, Greenport, New York Site acreage: 3 acres Present land use: Restaurant/Marina Present zoning classification: MIl 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Principi Properties, LLC (b) Mailing address: PO Box 1248, Southold, New York 11971 (c) Telephone number: Area Code (631) 734-2410 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III Policies; Page 2 for evaluation criteria. Yes No (Not Applicable ): Yes. This is the Mill Creek Inn site, which has been a restaurant/marina for many years. Upgrades existing antiquated waterfront restaurant to pre- existing site, provides improved amenity to existing marina, improves impact on wetlands of deteriorating structure, sanitary system and infrastructure. All improvements to current code. Criteria Met: 1) Enhancing the built environment of the water front; 2) Growth and expansion of econonfic base which is compatible with the existing scale of development of the Town and its historic heritage; 3) Support existing commercial centers: 4) Sustain a strong economic base; and 5) Encouraging water dependent uses to concentrate in existing locations of marine activity. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section llI- Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable) N/A Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable) Yes. Provides architectural improvement to waterfront restaurant. Replacement of dilapidated shed/trailer body with attractive extension built to code. (but for setback) Criteria Met: 1) Improve scenic view from Route 25; 2) Improve quality of deteriorated areas; 3) Enhance interplay of built and natural environments. 4) Protect visual interest provided by active water dependent uses. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable) Yes: Structure is on suitable foundation, improved grading, construction is water-related in part. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable) Yes: Food/beverage storage and refrigeration will be contained inside extension rather than in flimsy container and shed. Inadvertent discharges will be prevented. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable) Indirectly. See above. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section llI- Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable) N/A Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section II1 - Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable) N/A PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable) Yes: Restoration of waterfront restaurant with marina will allow access by public, including boaters, to waterside dining. This is a prime resource of the Peconic Bay environment and is being accommodated on an existing site. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 tbr evaluation criteria. Yes No (Not Applicable ) Yes. See #9 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section II1 Policies; Pages 57 through 62 for evaluation criteria. Yes No (Not Applicable) N/A Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III Policies; Pages 62 through 65 for evaluation criteria. Yes No (Not Applicable) N/A Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 1II - Policies; Pages 65 through 68 for evaluation criteria. Yes No ( Not Applicable) Yes. Refrigeration system will be considerably more energy efficient, quieter and contained in a safe structure. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? rn Yes I No B. Are there any proposals to change or alter land contours? C] No i i Yes, please explain on attached sheet. 1) Are there any areas that contain wetland grasses? No 2) Are these areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five Feet above mean sea level? No. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None .(Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction-taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Permit #325992, 12/18/2006 Do you or any co-owner also own other land close to this parcel? Yes the proximity of your lands on your map with this application. 1000-56-7-4.1 If yes, please label Please list present use or operations conducted at this parcel Restauran~Jmarina and proposed use restaurantJmarina (examples: existing: single-family; proposed: same with garage.) ~utho i~ed)~ignature and Dat.~ RichardPrincipi, Member Principi Properties, LLCx- ~/ TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Richard Principi (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If co, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance ){ Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity.__ Reversal of Stop Work Order Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or emplo',/ment by) a corporation in which the Town officer or employee owns more than 5% of the shares: YES NO X lf you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Print Name: Rid~ard PJrincipi, Member~'"~ - erinmp"~ Properties, LL~.~ ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES ~,~ ~ .; : WICKHAM, BRESSLER, GORDON &GEASA, P.C. ....... '~: - : ':~:: 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 December 2, 2008 Michael Verity, Senior Building Inspector Southold Town Building Department 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Principi Properties, LLC 64300 Main Road Greenport, NY 11944 SCTM #: 1000-56-7-2 Dear Mike: We have submitted an updated survey of this property to the Zoning Board of Appeals in connection with the pending variance application. Mr. Principi has offered to reduce the size of the proposed deck on the west side to a setback of 8.6 feet. The updated survey, copy enclosed, shows the following setbacks: East Deck: 1.7 feet, 12.4 feet and 22.9 feet from bulkhead; West,~:~eck: 2.2 feet and 18.7 feet from bulkhead; r.~¢~,6: c~.6~ from sideyard; and "'~ne Story Extension: 4.4 feet from sideyard. The Zoning Board of Appeals has requested an amended Notice of Disapproval reflecting these dimensions so that they may finalize their deliberations and render their decision. Please forward this to me and I will send them the necessary copies. AA W/ca 30~Verity3 cc. Southold Zoning Board of AppeaL~ R. Principi Ver~ truly your.s~ Abigail A. Wic~am ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 1301'5 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com December 1, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Principi Properties, LLC 64300 Route 25, Greenport, New York SCTM# 1000-56-7-2 Application No. 6150 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Ladies and Gentlemen: In connection with the above variance application, enclosed please find the following: 1. Eight (8) copies of a survey, updated as of 9/30/08, showing elevations and revised deck setbacks, as requested by the Board; and 2. Applicant's response to the June 24, 2008 Memorandum from the LWRP Coordinator (copy attached). The setbacks requested are: East Deck: 1.7 feet, 12.4 feet and 22.9 feet from bulkhead; neSiDeck: 2.2 feet and 18.7 feet from bulkhead; et from sideyard; and tory Extension: 4.4 feet from sideyard. In order to allow time for the Board's review of the enclosed, we hereby request an additional extension to December 31, 2008 for the completion of this submission. Thank you for your consideration. Very/tru? ygurs, ~ AU1`gai1` . ~;~icJd3{~' AA W/cs Encl. Zba/ltextenreq ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com November 25, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 11 MELVILLE, NEW YORK 11747 631-g~9-9480 TELEFAX NO. 631-249-9484 - 2 2o08 Re-' Property owned by Principi Properties, LLC 64300 Route 25, Greenport New York SCTM# 1000-56-7-2 Appeal No. 6150 Ladies and Gentlemen: This is in response to the June 24, 2008 Memorandum from the LWRP Coordinator' recommending: 1) that the proposed action is inconsistent with LWRP review and 2) that the application be amended to the greatest extent possible to meet policy guidelines. Project: The project is construction of two decks located 1 '5" from the bulkhead, attached to and flush with a pre-existing rebuilt restaurant structure and adjoining a long standing, fully bulkheaded marina. The underwater land, the boat basin, is owned by the Applicant and is not public bottomland. Policy Cited by LWRP Coordinator: Policy 6: Protect and restore the quality and function of the Southold Town ecosystem. Reasoning Cited by LWRP Coordinator: 75 foot setback requirement of the Zoning Code. No further reasons or analysis are given. Applicant's response as to LWRP General Policy: The LWRP was instituted to make sure development projects did not unduly impair waterfront resources, and implemented policies against which to analyze the proposals. Since the policies to protect the ecosystem are broadly stated, virtually any construction in the proximity of the waterfront could be seen as "inconsistent" with maintaining ecosystems untainted or restoring them. Policy 1, Developed Coast Policy, encourages development to "make efficient use of infrastructure" and "make beneficial use ora coastal location". This project does both. However, the primary focus should be with large new development or changes to existing development that seriously impair waterfront health. The addition of two decks added to an existing building with the same setback, close to an existing bulkhead, which extends around a developed marina, is not consistent with prudent waterfront development, provided the construction techniques are appropriate to run-off and other relevant considerations. Applicants Response as to LWRP Policy No. 6: The existence of these decks will not have any impact on the protection and restoration of the ecosystem. Given the location of the existing restaurant and marina, a deck built further from the water is not going to make a difference to the wetlands. The primary impact on the ecosystem would be the potential Mn-off, given that the required 75 foot buffer is reduced to 1' 5". However, all runoff will be controlled by a drainage infrastructure designed by John Condon, P.E. and to be approved by the Town Trustees and the Building Department and consistent with the Town's newly adopted drainage laws. Mr. Condon advises that trough drainage will be installed under the edges of the decking and piped into drywells, so all drainage will be contained. The first paragraph of Policy 6.3 addresses detriments to wetlands when adjacent lands are developed. Here all the land in proximity to the decks is developed. The policy states that protecting remaining wetlands and restoring lost wetlands is the best way to increase wetlands quantity and quality. Not only is this a circular statement, whether or not the proposed decks are built will have no impact on wetlands improvement or protection. The further reference to education of residential owners to improve buffers by better landscaping clearly dictates that the policy is directed to a different circumstance than the current project (page 27). Much of this policy addresses vegetated wetlands (p. 28, 29). Policy 6.3 D (page 29) recommends adequate buffers between wetlands and activities. An examination of the specific factors (page 30) follows: 1. Adverse effects listed are those such as hazardous materials, sewage disposal or mineral extraction, none of which is remotely contemplated by this deck construction and usage. 2. Drainage shall be in compliance with Town Code and Town Trustee 3. This provision specifically states that buffer widths may be reduced where drainage pattens do not lead directly to the wetland and where adverse effects on the wetland, other than runoff are not likely. E. (Maintenance of Buffers) 1 .The buffers will be graded between the runoff troughs and the bulkhead to direct water away from the bulkhead and into the trough, then into drywells. 2. Indigenous vegetation in the buffer area was grass. The proposed grading plan is an improvement over this cover. F. Tidal wetlands will not be restored with this project with or without the decks. In conclusion, by addressing the run off questions, no inconsistency with LWRP will exist. The LWRP was established to protect the ecosystems of Peconic Bay, Long Island Sound and their estuaries by review of projects for their consistency with the policies. The LWRP as written is extremely broad in its sweep, and goes far beyond examination of large impact activities. Any activity near the water could be deemed adverse, and small impacts should be examined to be sure they are not overly intrusive. However, a modicum of impact should not equate to an "inconsistency" which should defeat the project. A balancing of the use and enjoyment of our waterways, and an accommodation for commercial development in appropriate spots, should be employed. In this balance, the deck proposals are not inconsistent with the LWRP. AA W/cs ZBA/Principi//ltrszalwrt IRI( J. BI~tI:SNIJ R ,\Bl(i \11. A. WICKIIAM [YNN[ M.(}ORI)ON JANI I G[ASA I \x3, OFFICI% WICKHAM. BRESSI,ER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O BOX 1424 MAI lilt ('K. LONG ISLAND NIWYOP, K 11952 631-298-8353 IIIll \XNO. 631-298-8565 September 25, 2008 \\ ILLIAM WICKI lAM (06-02} 275 BROAD }IO1 I~OW ROAD SUlll III MI[Villi. NIWYORK 11747 631-249-9480 [ I;LI;I'.'\X NO. 631-249-9484 Town of Southold Zon ng Board of Appeals 53095 Main Road, Post Office Box 1179 Southold. New York 11971 Re: Property owned by Principi Properties, LLC 64300 Route 25, Greenport, New York SCTM# 1000-56-7-2 Application No. 6150 Ladies and Gentlemen: We have communicated with our client and directly with the surveyor, and are advised that the updated survey showing elevations and revised deck setbacks will be completed within 60 days. However. so as not to require a further extension, wc request an additional 90 day extension from today to complete thc submission. Thank you for your consideration. Very I~ul> >,'ours, / Abigail A. Wickham AA ~I~' Cs Encl. Zba/llexlenreq ~/ - LAW OFFN311S WICIr,.I-tAM, BR. ESSLER, GORDON & GEASA, ]3015 MAIN ~OAD, P,O. BOX 1424 MATTITUCK, LONO ISLAND NEW YORK 11952 F.,RIC J. BRE$SLER ABIGAIL A. WICKHAM LYNNE M, GORDON JANET GHASA 631-298-8353 TELEFAX NO. 631-298-8565 ,awl~law~aol.corn TO:651T659064 P.002/00~ WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVIULE, NEW YOR.K I 1747 631-249-9480 TELEFAX NO. 631-249-9484 August 20, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Prineipi Properties, LLC 64300 Route 25, Greenport, New York SCTM# 1000-56-%2 Application No. 6150 Ladies and Ge~tlemen: ha connection wifl: the above v,'danee application, please be advised that additional line will be needed to obtain the maps requested by the Bo~d. I am therefore requesting a 45 day cx[ension t?om the date hereof to complete the application. Thank you for your consideration. Very)milt yours, , ANgafl A. Wickhmn AA VUcs Encl. Zba/ltextenreq SEP-18-2008 11:22 FROM:WICKAM 8RESSLER 631 298 8565 T0:6317659064 P.002/002 EIUC J, BR,ESSL~P, A~IOAIL A, W]ClC. HAM LYNNE M, GORDON JANET GEASA WI-CKHAM, ~RI;$SLER, oORDoN & OEASA, P.C. 13015 MAIN ROAD, ~P,O. BOX 1424 M. AT'['ITUCK, LONO I'$LAND NEW'fORK 1'1952 631-2984t353 TELEFAX NO. 631-295-8565 wwblaw~aol,em~ WILLIAM WlCKFIAM (064)2) :275 BROAD HOLLOW ROAD SUITE I I I MELVILLE, NEW YOILK 1174,7 631-249-948a TELEFAX NO. 6.'11-249-9484 September 18, 2008 Town of Southold Zoning Board of Appeals 53095 Main Read, Post Office Box l 179 :gouthold, New York 11.971 Re: Property owned by Pfinelpi Properties, LLC 64300 Route 25, Greenport, New YOrk SCTM# 1000-56-%2 Application No. 6150 Ladies and Gentlemcn: In cormaetion with the above var/anee application, please be advised that the surveyor was unable to complete the maps requested by the Bo~d within the 45 day extension period request on August 20, 2008. I am therefore requesting an additional 45 day extension to complete the submission. Thank you for your consideration. .dA W/cs Encl, gba/#extenreq ER. IL I BRESSLER ABIGAII,A WICKIIAM L~NNE M GORDON lANE] GEASA I.AW OFFICES WICKHAM, BRESSLER~ GORDON & GEASA, P.C. 13015 ~AAIN ROAD. PO. BOX 142,1 MAT'I IT1JC¼. I.ONG ISL.AND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com \VILLI/\M WiCKHAM (06-02) 27~ BROAD t IOIA OW ROAI) SUITE I I t MEI.VI1.LE. NfW YORK 11747 631-249-9480 TEI.EFAX NO 631-249-9484 June 11,2008 Re: Property owned by Southold Pointe, LLC (Southold Properties, LLC) 64300 Route 25, Greenport, New York SCTM# 1000-56-%2 Dear Property Owners: We enclose a Notice of Hearing for variances being requested by Southold Pointe, LLC. The variances are for (1) insufficient sideyard setback of the "as built" one-story extension on the west side, which replaced the former shed attachment and walk-in cooler trailer body, (2) insufficient sideyard of westerly deck from the west side yard, and (3) insufficient setback of both decks from the bulkhead. The variances are not for the main restaurant building itself. If you have any questions or concerns, please call me and ! will be glad to address them. Very truly yours, A~fgail A. Wickham AA W/cs Encl. zba/principi/noticeltr ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com WILLIAM WICKHAM (06-{)2) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 December 17, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Attn: Linda Kowalski Re: Property owned by Principi Properties, LLC 64300 Route 25, Greenport, New York SCTM# 1000-56-7-2 Application No. 6150 Ladies and Gentlemen: Enclosed please find an Amended Notice of Disapproval dated December, 4, 2008 we received yesterday. I understand a copy was provided directly to you by the Building Department. This should complete the package delivered to you on December 2, 2008, which was submitted for the December 18t6 meeting. In the event that the Board is unable to complete deliberations of this application at the December 18, 2008 meeting, please consider this my request for an extension to January 8, 2009, the next scheduled ZBA meeting. Ver~?ruly yours, ~i~ ~g ail ~ )'~v41 c~an~ '-.--_ AA W/cs Encl. Zba/ltextenreq CONSENT Re: Premises: 64300 Route 25, Greenport, New York 11944 SCTM#: 1000-56-7-2 SOUTHOLD POINTE, LLC, the owner of the above referenced property (the "Premises"), does hereby consent to its attorneys, Wickham, Bressler, Gordon & Geasa, P.C.; and their engineers, surveyors, agents, or other contractors retained by any of the above and any of their representatives and/or agents, to make applications to the Town of Southold Zoning Board of Appeals, Planning Board, Suffolk County Department of Health Services and New York State Department of Transportation for variance and site plan approval of the Premises, and to any other authorities or agencies having jurisdiction over said Premises and for any other matters required to obtain such approvals. This authorization shall include all matters in connection with those applications. Dated: April ~q , 2008 "RD OF APPEALS SOUTHOLD POINTE, LLC Rind Principi Abigail A. Wickham Wickham, Bressler, Gordon & Geasa, P.C. 13015 IVlain Road, PO Box 1424 Mattituck, NY 11952 631-298-8353 Fax 298~8565 WWBLAW~AOL.COM CONSENT Re: Premises: 64300 Route 25, Greenport, New York 11944 SCTM#: 1000-56-7-2 PRINCIPI PROPERTIES, LLC, the owner of the above referenced property (the "Premises"), does hereby consent to its attorneys, Wickham, Bressler, Gordon & Geasa, P.C.; and their engineers, surveyors, agents, or other contractors retained by any of the above and any of their representatives and/or agents, to make applications to the Town of Southold Zoning Board of Appeals, Planning Board, Suffolk County Department of Health Services and New York State Department of Transportation for variance and site plan approval of the Premises, and to any other authorities or agencies having jurisdiction over said Premises and for any other matters required to obtain such approvals. This authorization shall include all matters in connection with those applications. Dated: February 2~ , 2008 PRINCIPI PROPERTIES, LLC By: l~¢l~ard Principi ~ Abigail A. Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road - P.O. Box 1424 Mattituck, New York 11952 tel.: (631) 298-8353 fax: (631) 298-8565 e-mail: WWBLAW@AOL.COM 2 l, consent2OOSprincipi ERIC J. BRESSI,ER Al~l(J/kl[, A. ~rlCKHAM I,YNNE M. GORDON JANE 1' GEASA LAW OFFICI(% WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O, BOX 1424 MA [TITUCK. LONG ISI.AND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 x~. w b I aw,'ti a o I. c o m May 6, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road. Post ()ffice Box 1179 Southold, New York 11971 Re: Property owned by Principi Properties, LLC 64300 Route 25, Greenport, New York SCTM# 1000-56-7-2 WII~LIAM WICKI IAM (06-02) 275 BROAD I IOl,l,OW ROAD SUI1E 11 I MEI,VII,I,E. NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 MAY ' 6 2008 Ladies and Gentlemen: In connection with the above application, enclosed please find the tbllowing, in seven sets: 1. Revised site plan map; 2. Rear elevation; 3. Floor plan; and 4. Photographs of site area. Thank you for your consideration. BOARD OF APPEAL~ Very t, Bdy yours,. W/cs Encl. Zba/l trv ar appprinc 4 MAIN (STATE Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9(}64 USPS Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 REPLY FORM DATE: April 30, 2008 TO: Abigail A. Wickham, Esq. 298-8565 (fax) ZBA # 6150 - Principi Properties LLC - Bulkhead Setbacks and Westerly Side Yard Setback Date of Building Inspector Notice of Disapproval: 1/19/08 based on 1-14-08 survey ( X ) The above new submission is incomplete for the reasons noted below. Please furnish eight (8) sets, when possible: ( X ) The map submitted with the above application does not match the information on the Building Inspector's 1/19/08 Notice of Disapproval. Please submit the updated map with additional setback information dated 4/22/08 (or later) directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish eight (8} copies with a cover letter confirming the amended relief being requested, and the new maps upon which that determination is based. Please call if you have any questions regarding the above. Thank you. ( ) OTHER/INFORMATION REQUESTED: N/A ( ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagrams or sketches of pool depth and for shed with height to top of ridge. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( ) Foundation plan (7 prints were missing with submission), to show structural components that exist and will remain, and label new areas to be added above ground and/or below ground/excavated. 06/25/2008 13:45 6317659064 ZONINGBDOFAPPEALS PAGE To'. From; Date: R,e: MEMORANDUM Gerard Ooehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Prh~cipal Planner' LWRP Coordinator 24, 2008 Request for a Variance Prineipi ZBA#6150 The proposed action which has been reviewed to ~, hapter 268, Waterfi'oot Consistency Review of tile Town of Southold Town Code and the Local Wat:erfront Revitalization Program (LWKP) Policy Standards. Based upon tile information provided oll the LWRP Cotlsistency Assess ~ent Form submitted to this department, as well as the t~eords available to me, it is my recommendat{on that the proposed action is LNCONSI8TEW]~ from LWRP review pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and fimction of the T~wn of Southold- ecosystem, 6.3 Protect aod restore tidal and freshwater wetlands, Tl_~e setba, ck from the prooose.d rear deqks ('ea.~ and west} .to thc bulkheAd is -~/~ I ~!oot; mhximum se~(oack qf 75 feet is rg_quired b.v~280'1,16' Buildin~ setbacl_! requirements a~l..iacelxt to water bodie~, and wetlands. [Added 3~J4-1989 by L.L, No. amended 11_-24-1992 bY L.L, No. 20'19c~2.; 6-15-1993 by L.L, No. 8-1993'1 "B All bMldi ;~Zs or str~ctures lo_cared on lots upon which a bulkhead, concrete wall, ri~rav or ~i nilar structure exists and which are adiacent to tidal water bodies other than sotz~ds shall be ~;et back not less than 7.5feel from the.lgulkhea .... ~that the apl~licant amend thF ao~lication to re.cot the above policy to ~)~e greatest ext~ent pqs_sible. Please contac~ me with any questions, TRANSMITTAL WITHOUT COVER LETTER DELIVERED . / ~! /200g TO ZBA OFFICE MAY -'l 2008 BOARD OF APPEALS Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road EO, Box 1179 Southold, NY 11971 0959 TO: Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: NOTES/COMMENTS: Please fred attached copy/copies of thc fifllowing: Thank you. Sendcr's hfitials: SEP-1B-2008 11:22 F~OM:HICKAM BRESSLER 6~1 29B B565 T0:6~1765906~ P.001~002 WICKHAM., BRESSLER, GORDON & GEASA, P.C. ~ 30:1.$ Ma~n Road, P.O. Box 1424 Ma~tuck, New York 11952 631-298-8353 Te]efax no. 631~298~565 , , , . . , ivil~ cd, h is i~ended lbr use only by the p~tson pl~msc call as soon ~s possibtc at the nm~ber above, --RECEIVED SEP 1 8 2o{]8 ~ON~NG ~OARD OF APPEA~ This is page one of ~ - APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northlbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 8, 2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6150 Action Requested: Within 500 feet of: Principi Bulkhead and Side Yard Setback Variances ( ) State of County Road ( X ) Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 119714)959 Ollice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY I 1971 May 8, 2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6150 (Principi) Dear Mark: We have received an application concerning as-built addition and decks at the Principi premises in Southold, and shown on the enclosed site map. Copies of the current LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thm~k you. Very truly yours, GERARD P. GOEHRINGER Chairman By: Southold Town Halt 53095 Ma/n Road RO. Box 1 I79 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765;1809 BOARD OF APPEALS TOVv-N OF SOUTHOLD ACTION OF THE BOA_RD OF APPEALS DATE OF ACTION: June 7, 1995 APPL. tbt313. APPLICANT: ROY SCHOENHAAR. LOCATION OF PROPERTY: 64300 Main Road, Greenportt NY~ COUNTY TAX MAP DISTRICT 1000, SECTION 56, BLOCK 7, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 10, 1995: "Accasser~ structures mquh'ed to be PROVISIONS APPEALED FROIvt: Article XlI, Section 100-122 (ref. Article III, Section 100-33). RELIEF REQUESTED: 12' by 18' existing shed (~ith plumblng nea~ refrigeration-c~oleralso eno2oa~,hing side yal-d setback) located as shown on the mrrvey map dated July 9, 1984 prepared by Rederick VanTuyl, P.C., a distance of between 2.5 and 4.0 feet f~om the westerly prope~ MOTION MADE BY: Robert A. ViLla, Member SECONDED BY: Gerard p. Goehri~ger, Chairman ACTION/RESOLUTION ADOPTED: Granted as exists in present location distant 80+ from the Main Road and as scaled 35+- feet f~om the REASONS/FiNDINGS: No alternative location is available due to basin Gerard p. Goehringer, Chairman THE SO~'I'IiOLO TOV~rN C .~~' ERARD p. GOEHR~AIRMAN~ DATE & '/v'-gr HOUR ~;3o ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MATTI] UCK, LONG ISLAND NEW YORK 11952 631-298-8353 '1 EI.EFAX NO. 631-298-8565 ~ wblawC~3aol.com April 4, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Principi Properties, LLC 64300 Route 25, Greenport, New York SCTM# 1000-56-7-2 Ladies and Gentlemen: WII.I.IAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 11 MELVILI~E, NEW YORK 11747 631-249-9480 TEI,EFAX NO. 631-249-9484 APR - 7 BOARD OF APPEALS Pursuant to amended Notice of Disapproval, copy enclosed, this letter is to amend the Variance Application in this matter to address the variances required for the east deck (distance to bulkhead) and west deck (distance to bulkhead and side yard setback). A check for the additional fee of $200. is enclosed. The Building Department has reviewed the file and determined that: a) Building permit # 32599, to the extent it covers the decks, was issued in error, and b) The proposed structures do not exceed permitted lot coverage. Distance to bulkhead: The proposed decks are to be 2.5 feet landward from the bulkhead at the closest point. While this is a dramatic variance from the required 75 feel we request a variance based on the following factors: 1) the setback of 2.5 feet is the same as the pre-existing set-back of the restaurant building for a length of 6 feet on each side, and then stepped back to 11 feet from the bulkhead for the remaining 22 - 23 feet; The east deck is 970 sq. ft. and the west deck is 780 sq. ft. 2) the deck is at a low elevation, 10 feet 6 inches above grade, at the same level as the first floor. It has no full foundatiom so the visual impact and effect to the ground near the bulkhead is minimal. It is supported by 12 inch diameter sonutubes extending four (4) feet below grade; 3) the outdoor decks enhance the prime utilization of the waterfront, and are an essential element of the restaurant/catering operation; 4) compliance with the required sideyard setback is impossible on this property. A seventy five (75) foot setback would eliminate the possibility of any deck due to the amount of land area landward of the bulkhead. Further, the setback requirement of 75 feet in an MII District is: (a) inappropriate, and (b) probably unattainable on most Mil properties in the Town of Southold. 5) the difficulty was not self created. It derives from the location of the pre-existing restaurant and bulkhead. 6) The decks will not adversely impact the character of the neighborhood or be a detriment to nearby properties because they are at the same setback as the restaurant. As to the west deck, the adjoining property is a boatyard. As to the east deck, the applicant owns the property to the east of the subject property. Distance to west sideyard: The proposed west deck is 2.5 feet from the west line. The same arguments set forth in the variance application apply to this deck. Further, since it does not rise above the first floor level, it will not visually impact the neighboring property. The decks were on the plans submitted to the Trustees and the permit included in the original package would therefore cover the deck. Thank you for your consideration. AA W/al Encl. Zba/ltrvarappprinc2 Very truly yours, Abigail A. Wickham MILL CREEK BANQUET FACILITY SOUTHOLD, LONG ISLANi), NEW YORK deck ~.X[STING SITE PLAN & SURVEY IG FOUNDATION PLAN IG FIRST FLOOR PLAN ~G SECOND FLOOR & ATTIC PLAN ~G MARINA CABANA ~IG LONGITUDINAL SECTIONS ~G TR ANSVERS SECTIONS ~G NORTH & SOUTH ELEVATIONS ~lG EAST & WEST ELEVATIONS PLANPREPARER: te~: 681-734-2410 Markanthony C. Verzosa MeCV + Van Campeo Architects 25 Mercer St., Suite4F New Yo~k. New York 10013 rd: 212-226-2470 ce1:917-991-4315 fax:212-334-4454 SOUARE FOOTAGE-EXISTING: OVERALL BUILDING HEIGHT: I~ 23'-5 1/'Z' above finished grade at front ~ building 1 NI dimensions are to be verified in refrigerator changing cabana Mark K. Schwartz, AIA -Architect, PLLC P.O. BOX 933 Cutchog~e, New York 11955 Phone: (631) 734 - 4185 Fax: (631) 734 - 2110 PROPERTY: 131,062 SQ. FT. EXISTiNG (REMOVED / REPLACE): RESTAURANT 5691.1 SQ. FT. 3.9 % FRAME BLDG. (WEST) 212.4 SQ. FT. 0.2 % FREEZER 168.8 SQ. FT. 0.1% STORAGE BOX 180.0 SQ. FT. 0.2 % PATIO / 2tqv FL. DECK 60.0 SQ. FT. 0.05 % DECK 215.0 SQ. FT. 0.2 % PLATFORM 20.0 SQ. FT. 0.02 % TOTAL: 4.67 % EXISTiNG: SHED 28.0 SQ. FT. 0.02 % FRAME BLDG. 234.0 SQ. FT. 0.2 % (SOUTH-WEST) PLANTER 80.0 SQ. Ft. 0.06 % WALKWAY 215.0 SQ. FT. 0.2 % DOCKS, RAMPS, 4651.0 SQ. FT. 3.6 % PLATFORMS TOTAL: 4.08 % NEW: 4.3 % RESTAURANT DECKS / PORCHES 5569.0 SQ. FT. 1609 SQ. FT. 1.3% TOTAL:5.6 % TOTAL EXISTiNG LOT COVERAGE: 8.75 % TOTAL NEW LOT COVERAGE: 9.68 % ERIC J. BRESSLER ABIGAIl, A. WICKHAM LYNNE M. GORDON JANE[ GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN P, OAD. P.O. BOX 1424 MATTI I UCK. LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw(a!aol.com March 19, 2008 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 119'71 Re: Property owned by Principi Properties, LLC 64300 Route 25, Greenport, New York SCTM# 1000-56-7-2 Ladies and Gentlemen: WILLIAM WICKIIAM (06-02) 275 BROAD HOLLOW ROAD SUITE 1 I I MEI,VII,LE. NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 We are the attorneys/agent for Principi Properties, LLC and submit this application for a side yard set back variance of 4.5 feet (required 25 feet). This pertains to the "as built" one story extension. 18.2' X 13.6Z on the west side, containing the pantry and walk in cooler built over a crawl space (the Extension"). The Extension was covered by and built under Building Permit 32599, but the Building Department advised that the permit was issued in error after the Extension was completed (except for interior improvements). The applicant agreed with the Building Department to apply for this variance in lieu of challenging that determination. Accordingly, we enclose an application fee of $400.00, together with the following papers, in seven sets: 1. Copy of Notice of Disapproval dated January 19, 2008; 2. Consent from Owner; 3. Application to Southold Town Board of Appeals; 4. Questionnaire for Filing ZBA Application; 5. Transactional Disclosure Form; 6. Project Description and photos; 7. Copy of the tax map and Assessors Card; 8. LWRP Consistency Assessment Form; 9. Site plan map; 10. Copy of Building Permit 32599 with plan; I I. Copy of ZBA Decision 4313 with Certificate of Occupancy and map; 12. Copy of elevations and floor plan; 13. Copy of footprint prior to demolition; and 14. Board of Trustees Administrative Permit. AA W/al Encl. Zba/[trr, arappprinc Very truJy yours, ~ail A. Wickham Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 13,2009 Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa PC 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: ZBA# 6150 - Principi Properties, LLC Dear Ms. Wickham: Please find enclosed a copy of the Zoning Board of Appeals determination rendered at the Board's January 8, 2009 Meeting regarding the above request for variances. Please be sure to follow-up with the Building Department and any other agencies which may have jurisdiction for the next step in the building process. Thank you. Very truly yours, Encl. Copy of Decision to: Building Department Planning Department Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 26, 2008 Zoning Appeal No. 6150 Transmitted herewith is Zoning Appeals No. 6150 Principi Properties~ LLC- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover letter from Wickham, Bressler, Gordon & Geasa, P.C. listing the following: Notice of Disapproval, Application for Building Permit, Authorization letter from Principi Properties, LLC to Wickham, Bressler, Gordon & Geasa, P.C. to represent them in this matter, Questionnaire, Transactional Disclosure Form, Applicant's Project Description, Square Footage from Mark K. Schwartz, Architect, 1 page of Photos, Tax Map, 5 Pages of Property Record Cards, LWRP Consistency Assessment Form, Site Plan Map, Building Permit (12/! 8/2006), 1 st Floor Plans from Principi Builders, Inc., Action of the Board of Appeals, Certificate of Occupancy (6/21/1995), Survey from Van Tuyl, P.C., 3 Pages of Drawings showing Elevation, 1st Floor Plans from Mark K. Schwartz, Architect, 2 Pages of Footprint of Building Pre-Demolition, Board of Town Trustees Administrative Permit, Up-Dated Survey from Hands On Surveying, Large Scale of 1 st Floor Plans from Mark K. Schwartz, Architect, Large Scale Front & Left Elevation from Mark K. Schwartz, Architect. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/21/08 ZBA Ct NAME CHECK # AMOUNT TC Principi Properties LLC 6150 (Wickham, Bressler, 7483 $400.00 Gordon & Geasa PC) TOTAL $4OO.OO Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/21/08 * * * RECEIPT * * * Receipt#: 14066 Transaction(s): 1 Application Fees Reference Subtotal 6150 $400.00 Check#: 7483 Total Paid: $400.00 Name: Wickham, Bressler Gordon & Geasa 13015 Main Rd P O Box 1424 Mattituck, NY 11952 CAROLH Clerk ID: Internal ID: 6150 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/07/08 ZBA # NAME CHECK # AMOUNT TC ~'~J~MP $200.00 ~ 8 ~ 6150 Principi Properties LLC add'l fee due on this appl. ~ Southold l'ow~ Cler~ TOTAL $200.00 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/08/08 * * * RECEIPT * * * Receipt/t: 15189 Transaction(s): 1 1 Application Fees Reference Subtotal 6150 $200.00 Check#: 7494 Total Paid: $200.00 Name: Wickham, Bressler Gordon & Geasa 13015 Main Rd P O Box 1424 Mattituck, NY 11952 CAROLH Clerk ID: Internal ID: 6150 APPEALS Gerard R Goehringcr~ Chairman Ruth D. Oliva James Dinizio. Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailine Address: Southold Town Hall 53095 Main Road · [hO. Box 1179 Southol& NY I 1971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 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 26, 2008: 1:00 P.M. SOUTHOLD PROPERTIES LLC/PRINCIPI PROPERTIES #6150. Requests for Variances under Sections 280-56 and 280-116B, based on the applicant's request for a building permit and the Building Inspector's amended March 25, 2008 Notice of Disapproval concerning as-built construction set back less than 25 feet from the westerly side lot line and proposed deck construction at less than 75 feet from the bulkhead adjacent to tidal water, at 64300 Route 25, Greenport; CTM 56-7-2. District: M-II Marine Zone. 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.n¥.us. Dated: May 28, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 COUNTY OF SUFFOLK) ~ Karen Kine of Mattit~ck, in said county, being duly sworn, say 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, commencing on the 5t~h day of June, 2008. Sworn to before me this Principal Clerk day ef 2008 TOWN OF SOUTHOLD PROPERTY RECORD CARD / ~,~ VILLAGE DIST. SUB. OWNER STREET [-" / - .,, .' /" RES, S~S. VL. FARM COMM. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS Tillable FRONTAGE ON WATER ~2 P Wo~land FRONTAGE ON ROAD / ~0 ;/0,, Meadowland DEPTH ~ v ~ 00 House Plot BULKH~D ~'~ ,' ~'",~Z I STREET ~.FOP. MER OWNER ES. SEAS. VL. FAR~ LA N D I M P. TOTAL DATE ..dC o o o o //¢' o o i AG~ BUILDING CONDITIOix NEW NORMAL Farm Acre itlable 1 liable 2 'oodland vampland ushland )u.se Plot ,ta I BELOW Value Per Acre VILLAGE COMM. ~-¢.j IND. REMARKS DISTRICT SUB. ACREAGE YPE OF BUILDING U CB. MISC. ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD // BULKHEAD LOT DOCK Est. Mkt. Value M. Bldg. Extension Extension ~ ' Foundation ,,~.. '~ , " , IBasement ,/3 Ext. Walls ~ Fire Place /? ! -" Bark Floors ,'~ nfenor FinisP 2- Heat Porch Roof --ype Porch I Rooms 1st Floor Rooms 2nd Floor Dormer 56.-7-2 3/06 COLOR TRIM 1st 2nd M Bldg Foundationt'"~ Fin. B. Bath Dinette Extension Basement ~ PARTIAL Floors Kit Extension Ext. Walls Interior Finish LR. Extension Fire Place- ~ .(..~, Heat D.R Patio Woodstove BR ~ Dormer Baths Deck Doc~: Fam. Rm. A.C. Garage O.B Pool OOL< TRIM 1 st 2 --PC CB M Bldg. Foundation OTHER Bath Dinette FULL COMBO Extension Basement CRAWL FART[AL Floors Kit SLAB ~Extension Finished B. Interior Finish LR Extension Fire Place ,,(¢~, Heat D.R. Garage Ext. Wails BR. Porch Dormer Baths Deck/Patio ~,)Z~ L-~o~ ! ~t~,*-r ~..~ /.,r , C_.. ,~ ¢,';~ '~'-._'z~r:, Fam. Rm.: Pool Foyer A.C, '~ '~,,~ k.o,~ D.:,?.^~ ~,,--,~' i~C.::..~' ,, Laundry , ,, Library/ ' ' ~" ~:~'~ "'~ Study O.B. Dock LIN£ COUNTY OF SUFFOLK (~) Properly lox Service Agency SECTION NO COUNTY OF SUFFOLK (~) Agency SOUTHOLD ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SOUTIqOLD POINTE, LLC (Southold Properties, LLC) AFFIDAVIT OF SERVICE BY MAIL Parcel i.D. No. 1000-56-7-2 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) I, Cheryl Simons, residing at 7 Kathy St., Hampton Bays, NY. being duly sworn, depose and say that: On the 11th day of June, 2008, 1 personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL. RETURN RECEIPT REQUESTED, a true copy of the attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property, as tbllows: Goldsmith's Boat Shop, Inc. P.O. Box 1436 Southold, New York 11971 1000-56-7-1 Principi Properties, LLC 8595 Cox Lane Cutchogue, Ne,~ York 11935 1000-56-1-4.1 Richard Saetta P.O. Box 2047 Greeuport, New York 11944 1000-56-4-21 Stephen Patterson III Edwin Tuccio 193 Griffing Avenue Rivcrhead, New York 11901 S~q~n to befbre me this /?-) 'df °flu/ne, 2q08' N o{'m~'P'uBl% DONNA McGAHAN ZB-I princl~)i q[/htail--ba 1000-56-4-24 L--/' er 'l'('h'~ Simons'~ k~ Notary Public, State of New York No. 01MC4851459 Qualified In Suffolk County Commission Expires Aug. 18, ~ ~/o ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SOUTHOLD PO1NTE, LLC (Southold Properties, LLC) AFFIDAVIT OF POSTING Parcel I.D. No. 1000-56-7-2 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, Michael A. Koske, residing at 4660 Blue Horizon Bluff's, Peconic, NY 11958, being duly sworn, depose and say that: On the 13th day of June, 2008, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be June 26, 2008. ~' Michad/A. Koske Sworn to before me this 2.s day of June, 2008. Notary Public PATRIOIA F. HORAN Notary Public, State of New ¥o~ No, 01 HO6155467 *near the entrance or driveway entrance of the property, as the area most visible to passersby. 2IAFFPOST item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Adicle Addressed to: Principi Properties LLC 8595 Cox Lane Cutchogue, NY 11935 ' Printed Name) D. Is delivery address d~fferent from item 1 If YES, enter delivery address below: I-1 Agent [] Addressee [] No ,1~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7006 0100 0004 3294 3328 Domestic Return Receipt 102595-O2-M-1540 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse SO that we can return the card to you. · Attach this card to the back of tl~e mailpiece, or on the front if space permits. 1 Art[cie Addressed to: Goldsmith's Boat Shop, Inc. P.O. Box 1436 Southold, NY 11971 Isdelivery qq ¢~em 17 [] Yes If YES, enter delivery addr~s~ below: [~ No 2. Article Number (Transfer from service label) PS Form 381 1, February 2004 3. Sen4ce Type [] Certified Mail [] Registered Fq Insured Mail r-f Express Mail [] Return Receipt for Merchandise [] C.O.D. 7006 0100 0004 3294 3311 Domestic Return Receipt 102595~)2-M-1540 [ · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. t. Adicle Addressed to; Stephen Patterson III Edwin Tuccio 193 Griffing Avenue Riverhead, New York 11901 2. Artic{e Number (Transfer from service label) A. Signature [~rent B. Received e of I~livery D. Is deliver) f~ Yes If YES, enter delivery address below: [] No 3. Service Type ,~Cer[ified Mail [] Express Mail [] Registered i--I Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7005 3110 0000 0996 6476 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Adicle Add~$$ed to; Richard Saetta P.O. Box 2047 Greenport, NY 11944 D. Is deliver If YES, enter deliver~ [] No 3. Service Type ~ [] Registered [] Return Receipt for Merchandise ~_[] Insured Mai~l [] C.O.D__. __ -- 2. Article Number (Transfer from service label) 7006 0100 0004 3294 3304 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 m Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver/Fee {Endorsement Required) 0~1111200~ Richard Saetta 1944 ru Return Receipt Fee (Endorsement Reqmred) Res ,~ed Del[you Fee {Endorsement Required Tota, postage & Fees Goldsmith' s Boat Sh~? ~t£6~/~'p't:Nb:: ............................. orPOSoxNo P.O. Box 1436 New York 11944 Total Postage & Fees ~ ~%pT°hen Patterson III & Edwin Tuccio ~ ~FrbT£ "~i '~: f .................. ~ .................................................... !rPOBoxNo 193 Grlffing Avenue ~;~:'~i-' 2F~;~' ...................................................................... m Postage $0.~ SenaTe Principi Properties LLC ~re~:4~ft: ?~o i ...................................................... orPOBoxNo 8595 CoX Lane Cutchogue, NY 11935 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: PRINCIPI PROP. LLC #6150 MAP #: 56-7-2 APPEAL: Variances REQUEST: Building Setbacks DATE: THURSDAY, JUNE 26, 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 t~IONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nor thfork.net May 27,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 26, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 5th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durin.q the hearin.q, providinq the returned letter to us as soon as possible; AND not later than June 9th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of PostinR prior to June 26, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. ~ARD SITE ,?LAN Z $-! REAR ELEVATION ~.~,1-~ OF APPEALS .h 1ST. FLOOR PLAN SCALE: 1/4" = 1'-0' ~OUTHOLD REVISIONS Z A-4 MILL CREEK BANQUET FACILITY .S,. B.UTHOLD, NEW / / / / / reference point deck bar 1 stor~ lounge BOAT B~N [ [ / // // (~ SURVEY (not to scale) (~) SITE PLAN scale: 1'=20J-0' NAILING & CONNECTIONS REQUIRED. ~r't-n~ v,-u/~ gU I bU DATE: r2-[l~"l (" B.P #~,..~,~.,__ FEE: ~ '~ ~'H"G ? BY:~ ~ NOTI~ BUILDING DEPAR~E~ AT 765.1802 8AM TO 4P~ FOR ~E FOLLOWING INSPEOTIONS; 1, FOUNDATION . ~O REOUIRED FOR POURED CON~R~E 2. ROUGH - FRAMING ~ PLUMBING 3. INSU~TJON 4. FINAL - CONSTRUCTDN MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL ME~ THE REQUIREMENTS OF THE CODES OF N~ YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. COMPLY WITH CHAPTER "46" FLOOD DAMAGE PREVENTION SOUTHOLD TOWN CODE. PL UMBER CER TIFICA TION ON LEAD CONTENT BEFORE CERTIFICATE OF OCCUPANCY SOLDER USED IN WATER SUPPLY SYSTEM CANNOT EXCEED 2/10 OF 1% LEAD. PLUMBING ALL PLUMBING WASTE & WATER LINES NEED TESTING BEFORE COVERING REQUIRED BEF OPENING COMPLY WITH ALL CODES OF NEW YORK STATE & TOWN CODES AS REQUIRED AND CONDITIONS OF ~ j ~'5,- SOUTHOLDTOWN ZBA SOUTHOLD TOWN PLANNING BOARD SOUTHOLO TOWN TRUST£ES ~'~ L~_~:c~".-- N.Y.S. DEC FRAMING UNTIL SURVEY OF FOUNDATION LOCATION HAS BEEN APPR~VE~. OCCUPANCY OR USE iS UNLAWFUL WITHOUT CERTIFICATE OF OCCUPANCY ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. PURSUANTTOSECTION4~IOC OFTHETOWNCODE. UNO£RwRn~RSCER~FiCATE REQUtREO FRONT ELEVATZON b MAIN (STATE 2 sTORY 3.3' r 1 sTORY wOO{) \ MAR ~, ~. 2008 ZOO'!lNG I~OARD OF APPEALS 65.0' 0~~''~'' NAILING & cONNECTIC~Q$ REQUIRED BEFORE FRAMING UNTIL :~UiiVc OF FOUNDATION LOCATION PURSUANT TO SECTION 45-10C REQUIRED. OPENING Ss BEEN APPROVED. OF THE TOWN CODE, DATE: ¢[~ ¢ B.P.~ COMPLY WITH ALL cODES OF oCCUPANCY OR ~LOG DEPT 7'27'06 F~E: ~ ~ ~ 8v:~ ~ NEW YORK STATE & TOWN cODES ~DE~RSCERBRCA~ NOTIFY BUILDING DEPAR~E~ AT AS REQUIRED AND CONDITIONS OF USE tS UNLAWFUL REQUIRE0 FOLLOWING INSPECTIONS: k ~ SO~OLOIOWNZBA WITHOUT CERTiFiCATE OF OCCUPANCY 1. FOUNDATION - ~0 ~EQUIRED ~ ~1~ SOUTHOL~ TOWN P~NNING BOARD - - -, _ FOR POURED CONCR~E ~ ,/C"-~. 2, ROUGH . FRAMING & PLUMBING SO~OLDTOWNTRUS~EES 4, FINAL - CONSTRUCTION MUST ~ BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL ALL CONSTRUCT[ON ~HALL ME~ THE MEET THE REOUIREM~NT8 OF IN~ ~ "~ : ' ~.~.~ YORK STATE. NOT RESPONSIBLE FOR ~S~N OR CONSZRUOT~O. eR.ORS, ~ ~ ~ COMPLY WITH CHAPTER'46' ~ ~~~~~~~ ?~~~?:: FLeD DAMAGE PREVE~I~ ONL~DCONT:NTBEFORE ~ ....II~~~::?~~:- -~ - CERTIF/CATE OF ~CUPANCY ~ ~ _ '~-'~ ' ~ - . . -- ~ . .... .. . _ FRONT EL~A~ON - - ~- _ s~: 1~. FLOOR PLAN Z b