HomeMy WebLinkAbout1000-56.-6-2TOWN CLERK
TOWN OF SOUTHOLD ~ ._
Suffolk County, New York 516- 765-1801 N? 1 8 5 4
~udith T. Te~, Town Clerk
8outhold, N.Y. 11971
(516) 765-1938
May 22, 1986
Mr. Armando J. Cappa
Seafood Barge
Main Road
Southold, NY 11971
RE: Site Plan for
Seafood Barge
Dear Mr. Cappa:
The Board has reviewed the above mentioned site plan,
however, prior to proceeding with this application, they
request that a complete site plan with all site plan elements
be submitted. This plan must also be stamped and signed
by a surveyor or engineer.
Enclosed is a check list indicating the additional items
to be included or addressed on the site plan.
When the plan has been amended, would you please forward
six (6) prints to our office.
Please contact this office if you have any questions.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
enc.
cc: Board of Appeals
Ports of Seafood:
Items to be
addressed on
( )
( )
( )
( )
(x)
(x)
( )
( )
(x)
(x)
(x)
( )
( )
(x)
( )
(x)
( )
(x)
~(x)
(x)
(x)
SITE PLAN ELEMENTS
§100-134 Town Code
site plan:
Lot, block, and section number, if any, or the property taken from
tax records
Name and address of the owner of record - -_
Name and address of the person preparing the map
Date, North arrow and written and graphic scale
Sufficient description or information to precisely define the b~undaries
of the property. All distances shall be in feet and tenths of a foot.
All angles shall be given to the nearest ten seconds or closer. The
error of closure shall not exceed one in ten thousand.
The locations, name, and existing width of adjacent streets and curbline~
The location and owners of all adjoining lands, as shown on the latest
tax records
Location, width and purpose of all existing and proposed easements, setb~
reservations, and areas dedicated to public use withinor adjoining prope:
A complete outline of existing deed restrictions or covenants applying
theproperty
Existing zoning
Existing contours at'intervals of five or less, referred to a datum
satisfactory to the Board
Approximate bousdaries of any areas subject to flooding or stormwater
Location of existing watercourses, marshes, wooded areas, rock outcrops
isolated trees with a diameter of eight inches or measured three feet
above the base of the trunk and other significant existing features.
Location of uses and outlines of structures, drawn to scale on and
within one hundred (100) feet of the lots.
Paved areas, sidewalks, and w~hicular access between the site and public
streets
Locations, dimensions, grades and flow direction of existing sewers, cul'
and waterlines as well as other underground and above ground utilities
within and adjacent to the property.
-Other existing development, i~cluding fences, landscaping and screening
The location of proposed buildings or structural improvement
The location and design ofall uses not requiring structures
such as off street parking and loading areas.
The location, direction, power and time of use of any proposed outdoor
lighting or public address systems.
The location of, and plans for, any outdoor signs
The location and arrangement of proposed means of access and egress,
including sidewalks, driveways or other paved areas; profiles indicating
grading and cross sections showing width of roadway, location and width
of sidewalks and icoation and size of water and sewer lines.
.... OVER .....
Site plan elements cont.
(§100-134)
(x)
(x)
( )
( )
( )
(x)
Any proposed grading, screening and other landscaping including types
and locations of proposed street trees.
The location of all proposed waterlines, valves and hydrants and of
all sewer lines or alternate means of water supply and sewage disposal
and treatment, or existing.
An outline of any proposed deed retrictions and/or covenants.
Any contemplted Public improvements on or adjoining the property.
If the site development plan indictes only a first stage, a supplementary
plan shall indicate ultimate develoment.
Any other information deemed by the Planning Board necessary to determine
conformity of the site plan with the intent and regulations of this chapter.
The following informatiQn is also needed:
1. .The 26 additional parking spaces shownare not on
the subject parcel, is this owned by the. applicant.
Also, this additional parking is in a A-R zone and
is not permitted in such zone without Board of Appeals
Approval, see Section 100-112 H of the Town Code.
2. A site plan by a surveyor is needed for actual dimensions
to bulkhead (stamp needed as well)
3. Is the propsed deck going {o add tables for eating
purposes above what is inside? If this is the case,
a number of seats is needed in order to project the''
.parking needed.
P I~~R D
T~~LD
Southold, N.Y. 11971
(516) 765-1938
May 22, 1986
Zoning Board of Appeals
Town Hall
Southold, NY 11971
Re: Site Plan for
Seafood Barge
Dear Boardmembers:
In accordance with your request, the Planning Board
reviwed the above mentioned site plan at the Monday, May
19, 1986 meeting.
It was the consensus of the Board not to make a recommendation
on this proposal until a complete site plan, signed and stamped,
containing all site plan elements is submitted.
Please contact this office if you have any questions.
Very truly yours,
BENNETT ORLOWS~KI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOID. 1.1., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, .ir.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
TO: Southold Town Planning Board
FROM: Southold Town Board of Appeals
DATE: May 12, 1986
SUBJECT: Interdepartment Coordination/Comments
As of recent date, we have received applications on each cf
the following matters, which are also presently]pending before
you. May we have your comments concerning the general
elements concerning the site plan, particularly the location
of the construction as proposed, points of egress and ingress,
and changes or recommendations, other than minor, which are
normal policy in your reviews? The public hearings have
been advertised for May 22nd:
North
Fork Welding/Schoenstein - Variance #3501. S/s Main
Road, Greenport. Wetlands setback and increase
of nonconforming use of welding business.
Greenport N.Y. Congregation Jehovah's Witnesses Special
Exception for addition as religious library use.
S/s Spring Lane and E/s Indian Neck Lane, Peconic.
/
Armando J./~Cappa/Port of Egypt Enterprises - Variance #3506.
/ Deck addition and,~seafood holding tanks within 75'
~// of bulkhead area. S/s Main Road,
Southold.
Thank you
lk
for your assistance
in these matters.
,]gL 1 1 1986
Southold Town Board of Appeals
MAIN Rr'tAD- STATE: ROAD 25 c::I:3UTHI"ILD, L.I., N.Y. 11=J71
TELEPHONE (516) 765-1809
ACTION OF THE zoNING 'BOARD OF APPEALS
Appeal No. 3506
Application Dated May 1, ]986
TO: Mr. Armando J. Cappa
Main Road
Southold, NY 11971
[Appellant (s) ]
At a Meeting of the Zoning Board of Appeals held on June 25, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article X! , Section ]00-]19.2(8)
[ ] Request for
x
Application of ARMANDO J. CAPPA/PORT OF EGYPT ENTERPRISES for a
Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for
permission to locate attached deck and seafood holding tanks within
75' of high water and bulkhead, at 62140 Main Road, Southold, NY;
County Tax Map Parcel No. 1000-56-6-2; Lewis Homes Co., Inc., Filed
Map #535, Lots 1-9 inclusive.
x
WHEREAS, a public hearing was held and
in the Matter of the Application of ARMANDO J.
ENTERPRISES; and
concluded on May 22, 1986
CAPPA/PORT OF EGYPT
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, at said hearing all those who 'desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
l. The premises in question is located in the "C-Light"
Industrial Zoning District along the south side of the Main Road
(State Road 25), in the Hamlet of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 56, Block
6, Lots 4, 6 (presently owned by Port of Egypt Enterprises).
2. The subject premises consists of a total area of 10.5±
acres (including land under water) with 600± feet frontage [lot
width]. Premises adjoining this property on the westerly side
is presently owned by C & L Realty, Inc. which was not made a
part hereof. Existing are numerous buildings, all as shown on
site plan mapped April 19, 1985, amended May 29, 1985, prepared
by Roderick VanTuyl, P.C. (see other pending applications of
Port of Egypt under Appeals No. 3524 and 3525, and 3494 and 3495).
(CONTINUED ON PAGE TWO)
DATED: June 25, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 Appeal No. 3506
Matter of ARMANDO J. CAPPA
Decision Rendered June 25,
1986
3. By this application, appellant requests permission to
construct an "H'm-shaped open deck area and two 4' by 6' seafood
holding tanks at the southerly area of the existing restaurant
building and extending to 'the inner edge of the existing bulk-
head, all as shown by plan prepared by Briarcliff Landscape
dated April 28, 1986. The widths of the deck areas are eight
feet with two lengths of 68 feet and the other 79 feet. The
center deck is proposed of a size IU' by 14'
4. Article XI, Section lO0-119.2(B) of the Zoning Code
requires all buildings and structures located on lots adjacent
to tidal water bodies other than the Long Island Sound to be
et back not less than seventy-five {75) feet from the ordinary
highwater mark of such tidal water body~ or not less than
seventy-five (75) feet fromt he landward edge of the tidal
wetland, whichever is greater.
5. It is the opinion of the board members that for the
best protection of the public (customers, employees, etc.), it
would be best if the eight-foot by 68-foot deck section along
the bulkhead be eliminated, allowing for a minimal setback of
eight feet.
In considering thi~ appeal, the board finds and determines
that by locating the proposed deck and seafood storage tanks
at a minimal distance of eight feet from the inner edge of
the existing bulkhead: (a) the variance will be the minimum
necessary; (b) the circumstances are unique; (c) the
practical difficulties are sufficient to warrant a granting
of this variance; (d) there will be no substantial change
in the character of the district; (e) the relief as granted
is not substantial; (f) the circumstances are not shared by
other properties generally existing in the neighborhood;
(g) that in view of the manner in which the difficulty arose
and in consideration of all the above factors, the interests of
justice will best be served by allowing the variance, as condi-
tionally noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, that a Variance for permission to construct
open deck area (not to exceed 8' by 79' and I0' by 14') and
two 4' by 6' seafood-storage tanks, within 75 feet of the
existing bulkhead and highwater mark, BE AND HEREBY IS APPROVED
in the Matter of the Application of ARMANDO J. CAPPA, Appeal
No. 35u6, SUBJECT TO THE FOLLOWING CONDITIONS:
l. That the eight-foot by 68-foot (6' by 68') open deck
section be deleted, limiting this variance to permit the 8' by
79~ and 10' by 14' sections;
not
the
2. That the proposed deck area and seafood-storage tanks
be located any further t~an 22 feet from the seuth (rear of
existing restaurant building.
Vote of the Board: Ayes: Messrs.
Douglass and Saw~cki. (Member Doyen was
resolution was duly adopted.
Goehringer, Grigon
absent.) This
lk
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAl. CONSERVATION
DIVISION OF REGULATORY AFFAIRS
PROJECT I.D. NUMBER
PART I Project Information (To be completed by Applicant or Project sponsor)
1. A~ppbcantJsponsor ~'~---~ ~)~ ~C-~g J~)~L) //"V'~ 2. Project Name
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORI~/W
For UNLISTED-ACTIONS Only mr't,~ 1
- 1986
3. Project location:
Mu.~c~pa.~, So ~ 1-
~ New ~xpansion ~ ModiflcationJalteration
6. Precise Iocatio, [road intersections, p)~mi,e,t
Initially f ~ acres Ultimately ¢ [ ac?es
B. Will proposed action comply with existing zoning or other existing land use restrictions~
RYes No If NO, describe briefly
9. What is present land use in vicinity of project?
[] Residential [] Industrial ~ Commercial [] Agriculture [] Parkland/open space [] Other -
Describe:
10 Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or local}?
[] Yes. [] No If yes. [ist agency(s} and permitjapprovais
/U,,.~/ :be-c.
11 Does any aspect of the action have a currently valid permit or approval?
[] Yes [] No If yes, [ist,,agency name and pern~it~Rpproval type
12 AS result o[ proposed action wiB existing permit/approval require modificationf
[] Yes ECNo
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS FRUE TO THE BEST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II Environmental Assessment (To be completed by Agency}
A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12~ If yes, coordinate the review process and use the FULL/LONG FORM
C. Could action result in ANY adverse effects on, to. or arising from the following: [Answers may be handwritten, if legible)
C1. Existing air quality, surface or g oundwater qua ty or quantity, no se eve $, ex st ng traf c patterns, solid waste production or disposal, potential for erosion,
drainage or flooding problems~ Explain briefly:
C2. Historic. archeolog ca v sua or aesthe c, or other natural or cu u a resources- agricultural districts, or community or neighborhood character~' Explain briefly
C3. Vesetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species,~ Explain briefly:
C4. ^ community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly.
C5. Growth, subsequent development, or related activities llke[y to be induced by the proposed action~ Explain briefly.
C6. Secondary, cumulative, or other effects not identified in C1~C67 Explain briefly,
C7. A change in use of either quantity or type of energy? Explain briefly.
PART III Determination of Significance (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant. Each effect should be assessed in connection with its Ca) setting (i.e. urban or rural); (b) probability of occurring;
(c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting
materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified
and adequately addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on
attachments as necessary, the reasons supportng this determination:
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1892
March 31, 1986
Mr. Armando J. Cappa
Seafood Barge
Main Road
Southold, New York 11971
Dear Mr. Cappa:
The follo%¢ing action was taken by the Board of Trustees
at a reoular meeting held on March 27, 1986 regarding the
above referenced matter.
Moved by Trustee Larsen seconded by Trustee Krupski it was
RESOLVED to Waiver the need of a wetland permit for the
construction of wood decks, 79' x 8', 68' x 8', and 10'
x 8' as submitted on the application for a Building Permit.
Property is located on Main Road, Southold, New York.
if you have any questions or concerns, please do not
hesitate Calling this office at the telephone number listed
above.
Very truly yours,
Henry P. Smith, President
Board of Town Trustees
HPS:ip
cc:
Bldg. Dept.
Board of Appeals
Trustees
file
-/
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
MAY 1- ~986
NOTICE OF DISAPPROVAL
...~,~...~ .................
. .. ~.~.r~.~..-. ~.-.~ ......
PLEASE TAKE NOTICE that your application dated...~~/.. ~.~ .... ~..
for p~it to . ~~.~~.~..~~(~.C ~~ ..... at
County T~ Mfip No. 1000 Sectiog . .~.~ ..... Block . .0~. ' ..... ~t . ~.~ .....
Subdivision~~.~MapNo...~.~. .... LotNo...~.T.~ ........
is returned herewith and disapproved on the follow~g grounds. ~~. ~aT~~
.~.. ~tT~/~..~..~ .... Z ~ ~.~.':... ~~ q~.. ~
~ w~.~..... ~.~.. ~~~...~s~.~.. ~nr. ~ ....
. ~. ~0~ ~ z/.~,. ~.~...~... ~. ~...~~tC~.. ~r/f..~..
Bun. ld~.ng Inspector
RV 1/80
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 S0UTHOLD, L.I., N.Y. 11~'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3524
Application Dated June ]0, ]986
TO: Port of Egypt Enterprises,
Main Road
Southold, NY 11971
Inc.
Peconic Associates as Agent, Box
[Appellant(s)]
672, Greenport, NY 11944
At a Meeting of the Zoning Board of Appeals held on July 31, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×]Request for Variance to the Zoninq Ordinance
Article XI , Section 100-l]9.2(B)
[ ] Request for
Application of PORT OF EGYPT ENTERPRISES for a Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to
locate marine fuel storage tank structures in this "C-Light" Indus-
trial Zoning District with an insufficient setback from landward
edge of tidal wetland and from ordinary highwater mark, at 6230 Main
Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1.
WHEREAS, a public hearing was held on June 19, 1986, in the
Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under
Appeal No. 3524; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, at said hearing all those who desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located in the "C-Light"
Industrial Zoning District along the south side of the Main Road
(State Road 25), in the Hamlet of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 56, Block
6, Lots 4, 6 (record owner: Port of Egypt Enterprises).
2. The subject premises consists of a total area of
10.5± acres (including land under water) with 600± feet frontage
[lot width]. Premises adjoining this property on the westerly
side is presently owned by C & L Realty, Inc. which was not made
a part hereof. Existing are numerous buildings, all as shown on
the site plan mapped April 19, 1985, amended May 29, 1985, prepared
by Roderick VanTuyl, P.C.
(CONTINUED ON PAGE TWO)
DATED: August 8, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 Appeal No. 3524
Matter of PORT OF EGYPT ENTERPRISES
Decision Rendered July 31, 1986
3. By this application, appellant requests permission to
locate three fuel storage tanks within containment walls with an
overall outside dimension of 24'10" by 16'6", more or less, as
shown on diagram dated October 31, 1985 prepared by Peconic
Associates (A-l), with a setback of 13 feet from the edge of
rip-rap along the water's edge at its closest point from the
outside containment wall, and 23 feet to the first fuel tank,
as amended.
4. Article XI, Section lO0-119.2(B) of the Zoning Code
requires all buildings and structures located on lots adjacent
to tidal water bodies other than the Long Island Sound to be
set back not less than seventy-five (75) feet from the ordinary
highwater mark of such tidal water body, or not less than
seventy-five (75) feet from the landward edge of the tidal
wetland, whichever is greater. Relocation and installation of
fuel tanks are required by Article 12 of the Suffolk County
Health Code, which limits the distances between the dispensing
pumps and fuel tanks, etc., and must be installed in compliance
with the provisions of the National Fire Protection Association
(NFPA) regulations and Tidal Wetlands Land Use Regulations,
6 NYCRR.
5. It is noted for the record that actions have been
taken under Applications No. 3494 and 3495 by this board con-
cerning similar relief, as noted therein.
6. It is the opinion of the board members that it would
be within the best interests and protection of the public,
customers, employees, etc., if the fuel-storage tanks were
located in area more distant than the area chosen, as further
noted below.
In considering this appeal, the board finds and deter-
mines that by locating the proposed fuel tanks with containment
enclosure and fencing at a distance, noted below: (a) the
variance will be the minimum necessary; (b) the circumstances
are unique; (c) the practical difficulties are sufficient to
warrant a granting of this variance; (d) there will be no sub-
stantial change in the character of the district; (e) the
relief as granted is not substantial; (f) the circumstances
are not shared by other properties generally existing in the
neighborhood; (g) that in view of the manner in which the
difficulty arose and in consideration of all the above factors,
the interests of justice will best be served by allowing the
variance, as conditionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Sawicki, it was
RESOLVED, that a Variance for permission to locate
fuel storage tanks within containment walls as shown by
building plan view dated 10-31-85, prepared by Peconic
Associates, Inc., in the Matter of the Application of PORT
OF EGYPT ENTERPRISES, INC. under Appeal No. 3524, BE AND
HEREBY IS APPROVED AS'CONDITIONALLY AND SPECIFICALLY NOTED
BELOW:
Page 3 Appeal No. 3524
Matter of PORT OF EGYPT ENTERPRISES
Decision Rendered July 31, 1986
1. Subject to all agency approvals, including the N.Y.S.
Fire Code, Suffolk County Health Department regulations, N.Y.S.
Department of Environmental Conservation regulations, etc.
2. Concrete flash wall on water side must be the same
height as tanks, or higher; on other three sides, minimum of
four feet high; as well as 8-foot chainlink, slatted fence
affixed into top of walls;
3. Top of fence (wall) facing water side must have barbed
wire curl to prevent scaling of wall or fence;
4. Setbacks to be:
(a) from existing stack-rack building 135 feet to
west corner of tank and pump;
(b) 77 feet from southeast corner of existing one-story
motel building at closest point;
(c) 35 feet from southeast corner of loading ramp
sump no closer than 25 feet to rip-rap;
5. Proper diking and cement walls containment to retain
any leakage of fuels~
6. Signs to be placed
requiring "no smoking" as per
standards.
on fencing identifying danger and
National Fire Protection Agency
Vote of the Board: Ayes: Messrs. Goehringer, Douglass,
Doyen and Sawicki. (Member Grigonis was absent.) This resolu-
tion was duly adopted.
lk
/GERARD P. GOE}qRINGERT~/CHAIRMAN
~×August ~8',~ 1 986
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3525
Application Dated June ]0, ]986
TO: Port of Egypt Enterprises,
Main Road
$outhold, NY 11971
Inc.
[Appellant(s)]
Peconic Associates as Agent, Box 672, Greenport, NY II944
At a Meeting of the Zoning Board of Appeals held on July 3], ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[×] Request for Special Exception under the Zoning Ordinance
Article VIl~ Section ]00-80(8)
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of PORT OF EGYPT ENTERPRISES for a Special Exception
the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to
install/relocate marine fuel storage tanks in this "C-Light" Industrial
Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel
No. 1000-56-6-4, 6, 6.1.
to
WHEREAS, a public hearing was held on June 19, 1986, in the
Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under
Appeal No. 3525; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, at said hearing all those who desired to be heard
were heard, and their testimony was recorded; and
WHEREAS, the board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located in the "C-Light"
Industrial Zoning District along the south side of the Main Road
(State Road 25), in the Hamlet of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 56, Block
6, Lots 4, 6 (record owner: Port of Egypt Enterprises).
2. The subject premises consists of a total area of
10.5± acres (including land under water) with 600± feet frontage
[lot width]. Premises adjoining this property on the westerly
side is presently owned by C & L Realty, Inc. which was not made
a part hereof. Existing are numerous buildings, all as shown on
the site plan mapped April 19, 1985, amended May 29, 1985, prepared
by Roderick VanTuyl, P.C.
(CONTINUED ON PAGE TWO)
DATED: August 8, 1986.
Form ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appeal No. 3525-SE
Matter of PORT OF EGYPT ENTERPRISES
Decision Rendered July 31, 1986
3. By this application, appellant requests a Special Excep-
tion to permit the installation and relocation of three new fuel
storage tanks within containment walls with an overall outside
dimension of 24'10" by 16'6", more or less, as shown on diagram
(A-l) dated October 31, 1985 prepared by Peconic Associates, with
a setback of 13 feet from the edge of rip-rap along the water's
edge at its closest point from the outside of containment wall,
and 23 feet to the first fuel tank, as amended.
4. The newly proposed fuel tanks are to replace existing
fuel storage tanks which are presently located at the easterly
portion of the subject premises as required by Article 12 of the
Suffolk County Health Code and in compliance with the Provisions
of the National Fire Protection Association (NFPA) regulations,
Tidal Wetland Land Use Regulations 6 NYCRR, N.Y.S. Fire Code, etc.
5. Article VIII, Section lO0-80(B), subsection (16) permits
by Special Exception approval from this board the sale and storage
of fuel in the "C-Light" Industrial Zoning Districts and subject to
site plan approval from the Southold Town Planning Board in accord-
ance with Article XIII of the Zoning Code. By action taken March 24,
1986, the Southold Town Planning Board referred the site plan to the
Building Department for certification in accordance with Section
100-133~C).
6. It is noted for the record that actions have been
taken under Applications No. 3494 and 3495 by this board con-
cerning similar relief, as noted therein, and action taken simul-
taneously herewith under Appeal No. 3524.
7. It is the opinion of the board members that it would
be within the best interests and protection of the public,
customers, employees, etc., if the fuel-storage tanks were
located in area more distant than the area chosen, as further
noted below.
In considering this application, the board finds and deter-
mines that by locating the proposed fuel tanks with containment
enclosure and fencing at a distance, noted below: (a) the use of
same will not prevent the orderly and reasonable use of adjacent
propeties or of properties in adjacent use districts; (b) the
use will not adversely affect the safety, welfare, comfort,
convenience or order of the town; (c) the use is in harmony
with and will promote the general purposes and intent of zoning.
The Board has also considered subsections [a] through [1] of
Article XII, Section 100-121(C)[2] of the Zoning Code.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Sawicki, it was
RESOLVED, that a Special Exception for permission to
install and locate accessory fuel storage tanks within containment
walls as shown by building plan view dated 10-31-85, prepared by
Peconic Associates, Inc., in the Matter of the Application of PORT
OF EGYPT ENTERPRISES, INC. under Application No. 3525, BE AND
HEREBY IS APPROVED AS CONDITIONALLY AND SPECIFICALLY NO~
BELOW:
1. Subject to all agency approvals, including the N.Y.S.
Page 3 Appeal No. 3525-SE
Matter of PORT OF EGYPT ENTERPRISES
Decision Rendered July 31, 1986
Fire Code, Suffolk County Health Department regulations, N.Y.S.
Department of Environmental Conservation regulations, etc.
2. Concrete flash wall on water side must be the same
height as tanks, or higher; on other three sides, minimum of
four feet high; as well as 8-foot chainlink, slatted fence
affixed into top of walls;
3. Top of fence (wall) facing water side must have barbed
wire curl to prevent scaling of wall or fence;
4. Setbacks to be:
(a) from existing stack-rack building 135 feet to
west corner of tank and pump;
(b) 77 feet from southeast corner of existing one-story
motel building at closest point;
(c) 35 feet from southeast corner of loading ramp
sump no closer than 25 feet to rip-rap
5. Proper diking and cement walls containment to retain
any leakage of fuels;
6. Signs to be
requiring "no smoking"
standards.
placed on fencing identifying danger and
as per National Fire Protection Agency
Vote of the Board: Ayes: Messrs.
Doyen and Sawicki. (Member Grigonis was
tion was duly adopted.
Goehringer, Douglass,
absent.) This resolu-
lk
GERARD P. GOEHRINGER, CHAIRMAN
August ~, 1986 x~
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL. 765-1802
Planning Board
Town of Southold
Main Road
Southold, N.Y.
11971
April 25,1986
Subject:
Port of Egypt Marine
Site Plan dated May 29,1986 amended
Gentlemen;
The subject premised is located in the 'C' Light
Industrial Zoned District. Art VIII Sec. 100-80 B (9)
permits marine use within this district, any develope-
ment on site requires a Special Exception by the Zoning
Board of Appeals.
The proposed tank installation will require a var-
iance since it is within 75'-0" of the mean high water
mark under Art. XI Sec. 100-119.2 B.
A permit or approval will be necessary from Town
Trustees under Chapter 97, Sec. 97-20 of Town Wetlands
Ordinance.
Certification of this site plan can not be given
until the above approvals have been granted.
EH:dsm
Edward Hindermann
Building Inspector
P
Southold, N.Y. 11971
(516) 765-1938
April 25, 1986
Mr. Merlon Wiggon
President
Peconic Associates,Inc.
Bootleg Alley
Greenport, NY 11944
Re:
Site Plan for
Port of Egypt Marine
Dear Mr. Wiggon:
Enclosed is a copy of correspondence from the Building Inspector
regarding his review of the above mentioned site plan pursuant to
certification.
As you can see, the site plan can not be certified for
the reasons indicated.
We advise that you contact the Building Department regarding
the procedure for obtaining the additional approvals and certification.
Once the plan meets certification, we will schedule the
proposal on the next available agenda.
If you have any questions, please don't hesitate to contact
our office.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD
TOWN PLANNING BOARD
By Diane M.Schultze,
Secretary
enc.
cc: Building Department
Southold, N.Y. 11971
(516) 765-1938
March 25, 1986
Mr. Merlon Wiggin
President
Peconic Associates,
P.O. Box 672
Greenport, NY 11944
Re:
Port of Egypt Marine
site plan
Dear Mr. Wiggin:
Please let this confirm the following action taken by the
Southold Town Planning Board, Monday, March 24, 1986.
RESOLVED that the Southold Town Planning Board refer the
site plan of Port of Egypt Marine for the relocation and
installation of existing fuel tanks to the Building Department
for certification subject to: (plan dated as amended 5/29/85)
1. Receipt of correspondence from the Suffolk County
Department of Health Services approving the relocation
and installation of the tanks.
Would you please also forward the filing fee of $100 at
your earliest convenience.
If you have any questions, please don't hesitate to contact
our office.
cc :~~Department Board of Appeals
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M.Schultze, Secretary
(
( )
( )
(
( )
SITE PLAN ELEMENTS
§100-134 Town Code
Lot, block, and section number, if any, or the property taken from
tax records
Name and address of the owner of record -_
Name and address of the person preparing the map ~
Date, North arrow and written and graphic scale
Sufficient description or information to precisely define the b~undaries
of the property. Ail distances shall be in feet and tenths of a foot.
Ail angles shall be given to the nearest ten seconds or closer. The
error of closure shall not exceed one in ten thousand.
The locations, name, and existing width of adjacent streets and curbline~
The location and owners of all adjoining lands, as shown on the latest
tax records
Location, width and purpose of all existing and proposed easements, setb~
reservations, and areas dedicated to public use withinor adjoining prope
A complete outline of existing deed restrictions or covenants applying ~
theproperty
Existing zoning
Existing contours at intervals of five or less, referred to a datum
satisfactory to the Board
Approximate boundaries of any areas subject to flooding or stormwater ov.
Location of existing watercourses, marshes, wooded areas, rock outcrops
isolated trees with a diameter of eight inches or measured three feet
above the base of the trunk and other significant existing features.
Location of uses and outlines of structures, drawn to scale on and
within one hundred (100) feet of the lots.
Paved areas, sidewalks, and w~hicular access between the site and public
streets
Locations, dimensions, grades and flow direction of existing sewers, cul
and waterlines as well as other underground and above ground utilities
within and adjacent to the property.
-Other existing development, including fences, landscaping and screening
The location of proposed buildings or structural improvement
The location and design ofall uses not requiring structures
such as off street parking and loading areas.
The location, direction, power and time of use of a~y proposed outdoor
lighting or public address systems.
The location of, and plans for, any outdoor signs
The location and arrangement of proposed means of access and egress,
including sidewalks, driveways or other paved areas; profiles indicating
grading and cross sections showing width of roadway, location and width
of sidewalks and lcoation and size of water and sewer lines.
Site plan elements cont.
(~100-134)
( )
( )
( )
( )
) Any proposed grading, screening and other landscaping including types
and locations of proposed street trees.
) The location of all proposed waterlines, valves and hydrants and of
all ~ewer lines or alternate means of water supply and sewage disposal
and treatment.
An outline of any proposed deed retrictions and/or covenants.
Any contemplted public improvements on or adjoining the property.
If the site development plan indictes only a first stage, a supplementary
plan shall indicate ultimate develoment.
Any other information deemed by the Planning Board necessary tn determine
conformity of the site plan with the intent and regulations of this chapter.
NEW YOPX STATE DEPARTMENT. OF ENVIRONMENTAL CONSERVATION
Regulatory Affairs Unit
But!din~ 40, SUNY--Room 219
Stony Brook, New York 11794
................... (516) 751-7900
RE: Permit No., Location 10~6t~-
A~,tE'%~D~'~NT TO PERMIT
Dear
Your recent request to extend the above permit has been reviewed pursuant
to 6NYCRR, Part 621. It has been determined that there has not been a material
change in environmental conditions, relevant technology or applicable law or
regulations since the issuance of the existing per,tit; therefore, the ~xpiration
date is extended to
~'/Your recent request to modify the above permit has been reviewed pursuant
to 6N~C~, Part 621. It has been determined that the proposed modifications will
not substantially change the scope of the permitted actions or the existing
permit conditions.
Therefore, the perm/t iS a~ended tO authorize: ~'~1o¢~ ~/~ f~,~ll [~
~is letter is an ~endment to the original pe~it an~s such, shall be posted.
at the Job site.
Ail other terms and conditions remain as written in the original pe~it.
Very truly yours,
Alternate Regional
Permit Administrator
CTH:DDR:co's
Sent to:
PECONIC ASSOCIATES, INC.
Engineering, Marine & Energy Consultants
Environmental Planning
One Bootleg Alley P.O. Box 672
Greenport, New York 11944
(516) 477-0030
September 11, t984
Mr. Alexander M. Santino
Suffolk County Health Department
15 Horseblock Place
Farmlngvllle, k. 1.
New York 11738
Dear Alex:
Attached, for your review an~ comments, are revised drawings
for installation of marine fuel tanks at Port of Egypt
Mar%ne.
Sincerely,
PECONIC ASSOCIATES, INC.
cc: Port of Egypt Marine
~.-JWiggin,
President
Ph.D. ,H.g.
MEW/iw
COUNTY OF SUFFOLK
DEPARTMENT OF HEALTH SERVICES
Date: Sept. 18t 1984
David Harris, M.D., M.P.H.
Commissioner
Peconic Associates
One Bootleg Alley
P.O. Box 672
Greenport, N.Y. 11944
Article 12 Plans for:
Above Ground Tank(s) (Revised)
Underground Tank(s)
Drum/Bulk Storage
Other
As-Build Drawings
Contract Drawings
Hazardous Materials Management
S.C.D.H.S. Job No.: HM 83-22
ACKNOWLEDGEk,IENT OF RECEIPT
Your submission pertaining to the above has been received.
be reviewed and processed as promptly as possible.
It will
Company Name
Port of Egypt Marina
Installation Address
Rt. 25
Southold, N.Y. 11971
It is your responsibility to determine and comply with the requirements
of municipal and other state codes, ordinances, rules or regulations,
which also apply to this installation. These include state industrial
code rules, state conservation rules, state and municipal zoning and
building codes, as well as municipal water pollution control codes, etc.
You are also required to instruct or provide instruction for the operator(s)
of the installation so that it will be maintained and operated in con-
formance with applicable water pollution control codes.
Questions relating to this application or submission should be directed
to Mr. Alexander M. Santino, P.E., 15 Horseblock Pl., Farmingville, N.Y.
11738, telephone (516)451-4640.
m4S/rt
cc: Applicant
15 Horseblock Pl. Farmingville, N.Y. 11738 (516)451-4640
PECONIC ASSOC AI'ES, I C.
Engineering, Marine & Energy Consultants
Environmental Planning
gUBJECT: Inspection of Existing Port of Egypt
To Be Reinstalled.
0ATE: September 12, 1984.
2 986
One Bootleg Alley P.O. Box 672
Greenport, New York t 1944
(516) 477-0030
Fuel Tanks -
GENERAL:
The tanks to be reinstalled consist of two (2) 2,~ gallon, and
one (1) 1,~ gallon tank. Tanks have been numbered for
identification: ~ 3 1,~ gallon; Ff 4 - 2,~ gallon; and ~ 5
- 2,~ gallon. The ~ 5 tank is not presently in service.
Tanks are horizontal type of standard dimensions. Based on their
being "stamped", thickness is assumed as 3/16-inch.
Tanks are approximately seven (7) years old.
Tanks have a minimal of support, with evidence of previous
floating of one (FF 5) during periods of high water.
Tank ~ 3 -
1,~ae gallon in use. Unit in good condition with
only minor rust flaking and pitting. Welded tapped
bushings all in good condition. Tank equipped with a
King Model 5aa-1 fill alarm.
Tank · 4 -
2,gga gallon - in use. Unit in generally good
condition with rust flaking and small pits .~1 to
.~2 inch deep. Under the stamp plate on the top of
the tank there is a 3/32-inch deep pit that should be
cleaned and patched.
There is a minor dent in the bottom of unit, with no
evidence of cracking at welds. Welded tapped bushings
all in good condition.
Tank ~ 5 -
2,Ba~ gallon - not in use. Unit in good condition,
with minor rust flaking and pitting (.~al to .~2 inch
deep). Small dent in bottom with no evidence of
damage to welds. Helded tapped bushings all in good
condition.
Port of Egypt Fuel Tank Inspection
September 12. 1984
C IO S:
Prior to installation, recommend tanks be cleaned (sand ~ash).
primed, and coated ~ith t~o (2) coats of a quality rust inhibitor
paint or coating. This should extend their life indefinitely.
Respectfully submitted.
PECONIC ASSOCIATES. INC.
'Merlon E. Wiggin, ~ZD.
President
MEW/iw
2
/t
Ii
It
II
II
II
II
II
II
II
II
FUEL TANK DE TAIL S
SCALE: I,/2"~ I'-0"
MAR :14 1986
JUDITH T. TERRY
TO~ CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
March 14, 1986
Merlon E. Wiggin, Ph.D., M.E.
President, Peconic Associates, Inc.
One Bootleg Alley, P. O. Box 662
Greenport, New York 11944
Dear Merlon:
Enclosed herewith is a certified resolution of the Southold Town
Board granting Port of Egypt Marine a waiver of the provisions of
Local Law No. 14 - 1985.
Very truly yours,
Judith T. Terry
Southold Town Clerk
CC:
Southold Town Planning BoardC//
Southold Town Board of Appeals
Southold Town Building Department
JUDITI! T TERRY
TOWN CLIRK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 11, 1986:
WHEREAS, Peconic Associates, Inc., on behalf of Port of Egypt Marine, has
requested that this Board waive the provisions of Local Law No. 14 - 1985 with
respect to their application presently pending before the $outhold Town Planning
Board and Southold Town Building Inspector, and
WHEREAS, this Board finds that the applicant proposes to relocate and install
existing fuel tanks in accordance with Suffolk County Health Department require-
ments, and
WHEREAS, this Board deems such use consistent with the uses in a Marine Business
(MB) District as proposed by Raymond, Parish, Pine, & Weiner, Inc.'s Master Plan
Update Zoning Code revisions,
NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted
a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting
such uses on said premises as Set forth in his application presently pending before
the Southold Town Planning Board for site plan approval and Southold Town Build-
ing Inspector for a building permit, subject, however, to the applicant obtaining
any and all permits and approvals required by all Town and other governmental
agencies having jurisdiction thereof.
Judith T. Terr'~/ /~
Southold Town Clerk
JUI)IIlIT FERRY
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516~ 765-1801
March 14, 1986
Merlon E. Wiggin, Ph.D., M.E.
President, Peconic Associates, Inc.
One Bootleg Alley, P. O. Box 662
Greenport, New York 11944
Dear Merlon:
Enclosed herewith is a certified resolution of the Southold Town
Board granting Port of Egypt Marine a waiver of the provisions of
Local Law No. 14- 1985.
Very truly yours,
Judith T. Terry
Southold Town Clerk
cc: Southold Town Planning Board
Southold Town Board of Appeals
Southold Town Building Department
Southold Town Board of Appeals
MAIN RI'lAD- ~TATE RI3AD 25 SEIUTHaLD, L.I., N.Y. 11971
TELEPHONE (516) 785-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3481
Application Dated March 12, 1986 (Public Hearing
· u: Port of Egypt Enterprises, inc.
Main Road
Southold, NY 11971
4/3/86)
Peconic Associates as Agent, Box 672, Greenport, NY 11944
At a Meeting of the Zoning Board of Appeals held on
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[X] Request for Special Exception under the Zoning Ordinance
Article VIII , Section . 100-80(B)
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
x
Application of PORT OF EGYPT ENTERPRISES for 211Special Exception
to the Zoning Ordinance, Article VIII, Section lO0-8O('B) for permission
to install/relocate marine fuel storage tanks in this:~iC-Light" Indus-
trial Zoning District, at '6230 Main Road, Southold, NY; County Tax Map
Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1.
x
WHEREAS, a public hearing was held and concluded on April 3,
1986 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC.
under Application No. 3481; and
WHEREAS, the board members have personally viewed and are
familiar with 'the premises in question, its p~esent zoning, and the
surrounding areas; and
WHEREAS, at said hearing all those wh~esired to be heard
were heard and their testimony recorded and t~anscribed; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located in the "C-Light"
Industrial Zoning District along the south side of the Main Road
(State Road 25), in the Hamlet of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 56, Block 6,
Lots 4, 6 (presently owned by Port of Egypt Enterprises).
2. The subject premises consists of a total area of 10.5-+
acres (including land under water) with 600_+ feet frontage (lot width).
Premises adjoining this property on the westerly side is presently
owned by C & L Realty, Inc. which was not made a part hereof.
Existing are numerous buildings, all as shown on the site plan mapped
April 19, 1985, amended May 29, 1985, prepared by Roderick VanTuyl,
P.C.
(CONTINUED ON PAGES TWO AND THREE)
DATED:
Form ZB4
June 5, 1986.
(rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF. APPEALS
Page 2 - Appl. No. 3481
Matter of PORT OF EGYPT (Special
Decision Rendered May 28, 1986
Exception)
3. By this application, applicant requests a Special Excep-
tion to permit the installation and location of two new fuel storage
tanks within containment walls with an overall outside dimension of
24'10" by 16'6", more or less, with a setback of four feet, more or
less, from the edge of the shoreline as depicted by the May 29, 1985
survey submitted with this application.
4. The newly proposed fuel tanks are to replace existing
fuel storage tanks which are located to the easterly portion of the
subject premises.
5. Article VIII, Section lO0-80(B), subsection (16) permits
by Special Exception approval from this board the sale and storage
of fuel in the "C-Light" Industrial Zoning Districts and subject to
site plan approval from the Southold Town Planning Boar~ in accord-
ance with Article XIII of the Zoning Code. By action taken March 24,
1986, the Southold Town Planning Board referred the site plan
to the Building Department for certification in accordance with
Section 100-133(C).
6. It is noted for the record that simultaneously herewith
action was taken by this Board under Appeal NO. 3494 conditionally
approving a Variance of Article XI, Section lOO-ll9.2(B) of the
Zoning Code for an insufficient setback of the subject structure
to be located not closer than 65 fee~ from the waters edge along
the shoreline of Budd's Pond.
7. It is the opinion of the board members that for the
best protection of the public (customers, employees, ie~c.) using
the subject premises for docking, boating, hauling, etc., it
would be best if the fuel storage tanks were located in an area
more distant from the marina and ingress and egress areas to the
docks. It is also the opinion of the board that locating the
tanks as requested will not be environmentally feasible.
In considering this application, the board finds and
determines that by locating the proposed fuel tanks with containment
and fencing at a distance not closer than 65 feet from the edge of
Budd's Pond shoreline (waters edge): (a) th~use of same will not
prevent the orderly and reasonable use of adjacent properties or
of properties in adjacent use districts; (b) the use will not ad-
versely affect the safety, welfare, comfort, ~onvenience or order
of the town; (c) the use is in harmony with~and will promote the
general purposes and intent of zoning. The board has also
considered subsections [a] through [1] of Article XII, Section
100-121(C)[2] of the Zoning Code.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that a Special Exception for permission to
install and locate accessory fuel storage tanks (two) within
containment as shown by building plan view dated 10-31-85, prepared
by Peconic Associates, Inc., in the Matter of the Application of
PORT OF EGYPT ENTERPRISES, INC. under Application No. 3481, at a
distance of not closer than 65 feet to the waters edge along Budd's
Pond shore line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That the structure in question be located not closer
than 65 feet from the waters edge along shoreline;
Page 3 - Appl. No. 3481
Matter of PORT OF EGYPT (Special
Decision Rendered May 28, 1986
Exception)
2. County Health Department approval;
3. Proper diking and cement walls, containment, to retain
any leakage of fuels;
4. Proper fencing six-feet in height around structure
for security reasons;
5. Signs to be placed on fencing identifying danger and
requiring "no smoking", as per National Fire Protection Agency
standards.
6. Final site plan approval from the Southold Town
Planning Board in accordance with Article VIII, Section l~O-80(B)
and Article XIII.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was duly adopted.
lk
June 5, 1986 ,-
Southold Town Board of Appeals
MAIN RrlAD- STATE RI:3AD 25 Sl3UTHEiLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3494
Application Dated April 17, 1986 (Public Hearing May 1, 1986)
TO: Port of Eg3p~ Enters, ;se$, iric. [Appellant(s)]
Main Road
S0uth0]d, NY ]]97]
Peconic Associates as Agent, Box 672, Greenport, NY 11944
At a Meeting of the Zoning Board of Appeals held on May 28, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section t00-]]9.2(8)
[ ] Request for
Application of PORT OF EGYPT ENTERPRISES for a:Variance to the
Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate
marine fuel storage tank structures in this "C-Light" Industrial Zoning
District with an insufficient setback from landward edge of tidal wet-
land and from ordinary highwater mark, at 6230 Main Road, Southold, NY;
County Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1.
WHEREAS, a public hearing was held and concluded on May l, 1986,
in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC.
under Appeal No. 3494; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its preCsent zoning, and the
surrounding areas; and
WHEREAS, at said hearing all those who Tdesired to be heard
were heard and their testimony recorded and transcribed; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located in the "C-Light"
Industrial Zoning District along the south side of the Main Road
(State Road 25), in he Hamlet of Southold, and is identified on
the Suffolk County Tax Maps as District 1000, Section 56, Block 6,
Lots 4, 6 (presently owned by Port of Egypt Enterprises).
2. The subject premises consists of a total area of 10.5±
acres (including land under water) with 600± feet frontage (lot width).
Premises adjoining this property on the westerly side is presently
owned by C & L Realty, Inc. which was not made a part hereof.
(CONTINUED ON PAGES TWO AND THREE)
?ED
June 5, 1986.
rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 3 - Appeal No. 3494
Matter of PORT OF EGYPT ENTERPRISES
Decision Rendered May 28, 1986
(Variance)
2. County Health Department approval;
3. Proper diking and cement walls, containment, to retain
any leakage of fuels;
4. Proper fencing six-feet in height around structure
for security reasons;
5. Signs to be placed on fencing identifying danger and
requiring "no smoking", as per National Fire Protection Agency
standards.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly ad~pted.
lk
June 5, 1986
Page 2 Appeal No. 3494
Matter of PORT OF EGYPT ENTERPRISES
Decision Rendered May 28, 1986
(Variance)
Existing are numerous buildings, all as shown on the site plan mapped
April 19, 1985, amended May 29, 1985, prepared by Roderick VanTuyl,
P.C.
3. By this application, appellant requests permission to
locate two new fuel storag~ f~nkq within cnnt~inm~nt wall~ with
an overall outside dimension of 24'10" by 16'6", more or less,
with a setback of four feet, more or less, from the edge of the
shoreline as depicted by the May 29, 1985 survey submi%ted with
this application.
4. Article XI, Section lO0-119.2(B) of the Zoning Code
requires all buildings and structures located on lots ~djacent to
tidal water bodies other than the Long Island Sound to Re set back
not less than seventy-five (75) feet from the ordinary h l~ghwater
mark of such tidal water body, or not less than seventy-five (75)
feet from the landward edge of the tidal wetland, whichever is
greater.
5. It is the opinion of the board members that for the
best protection of the public (customers, emp.loyees, etc.) using
the subject premises for docking, boating, hauling, etc., it
would be best if the fuel storage tanks were located in an area
more distant from the marina and ingress and egress areas to the
docks. It is also the opinion of the board that locat, ing the
tanks as requested will not be environmentally feasi~!e.
In considering this appeal, the board finds a:nd determines
that by locating the proposed fuel tanks with containment and
fencing at a distance not closer than 65 feet from the edge of
the shoreline (waters edge): (a) the variance will be the
minimum necessary; (b) the circumstances are unique; (c)
the practical difficulties are sufficient to warrant a granting
of this variance; (d) there will be no substantial change in
the character of the district; (e) the relief as granted is
not substantial, being 14% of a variance from the requirements;
(f) the circumstances are not shared by other property generally
existing in the neighborhood; (g) that in view of the manner
in which the difficulty arose and in consideration of all the
above factors, the interests of justice will best be served by
allowing the variance, as conditionally notedTbelow.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that a Variance for permission to locate accessory
fuel storage tanks (two) within containment as shown by building
plan view dated 10-31-85, prepared by Peconic Associates, Inc., in
the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC.
under Appeal No. 3494, at a distance of not closer than 65 feet
to the waters edge along shore line, BE AND HEREBY IS APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the structure in question be located not closer
than 65 feet from the waters edge along shoreline;
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southoid, New York 11971
TELEPHONE
(516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 11, 1986:
WHEREAS, Peconic Associates, Inc., on behalf of Port of Egypt Marine, has
requested that this Board waive the provisions of Local Law No. 14 - 1985 with
respect to their application presently pending before the Southold Town Planning
Board and Southold Town Building Inspector, and
WHEREAS, this Board finds that the applicant proposes to relocate and install
existing fuel tanks in accordance with Suffolk County Health Department require-
ments, and
WHEREAS, this Board deems such use consistent with the uses in a Marine Business
(MB) District as proposed by Raymond, Parish, Pine, & Weiner, Inc.'s Master Plan
Update Zoning Code revisions,
NOW, THEREFORE, BE IT RESOLVED that the applicant be and he hereby is granted
a waiver of the provisions of Local Law No. 14 - 1985 to the extent of permitting
such uses on said premises as set forth in his application presently pending before
the Southold Town Planning Board for site plan approval and Southold Town Build-
ing Inspector for a building permit, subject, however, to the applicant obtaining
any and all permits and approvals required by all Town and other governmental
agencies having jurisdiction thereof.
Judith T. Terry
Southold Town Clerk
Southold, N.Y. 11971
(516) 765-1938
January 30, 1986
Mrs. Judith T. Terry
Town Clerk
Town Hall
Southold, NY 11971
Re: Request for waiver
Port of Egypt
Dear ~rs. Terry:
In accordance with your request, the Planning Board
has made a review of the files.
Enclosed is a copy of a site plan which was submitted
after the moratorium.
If you have any questions, please don't hesitate t6
contact our office.
Very truly yours,
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
enc.
PEco lc ASSOCIATES, INc.
ENGINEERING & PLANNING CONSULTANTS One Bootleg Alley P.O. Box 672 Greenport, New York 11944
Telephone: (S 16) 477 -0030
ASSOCIATES:
Fairweather/Brown
Architects
Gannet Flen ing
Engineers
R,P. Morrow & Associates
II~inery Design
Planners East
Environmental Planning
Wilhelm Atlantic Co.
Financial Planning
January 3, 1986
Southold Town Planning Board
Southold Town Hall
Main Road
Southold, L. I.
New York - 11971
Gentlemen:
Enclosed are site plans, parking requirements,
etc. for review by the Southold Town Planning
Board for the following projects:
North Fork Weldinq: Joseph and Linda
Schoenstein. Work to include the erection of
a 50' X 90' prefab metal building,
miscellaneous pavement, and screen type planting.
Bedell Winery: Conversion of an existing
potato storage barn to a winery. Related
work includes the grading of parking area,
and installation of a waste disposal leaching
pool system, in accordance with the
requirements of the Suffolk County Health
Department.
Silver Sands Motel: Installation of gravity
main on Silvermere Road, sewage lift station,
and force main to tie into the Village of
Greenport's sewer system, as per previously
granted approval by the Village of Greenport.
The system will replace the presently poorly
operating leaching system on the edge of a
large wetlands area.
Port of Egypt Enterprises: Relocation and
installation of three (3) fuel tanks (2 -
2,000 gallon, and 1 1,000 gallon) in
accordance with the Suffolk County Health
Department requirements.
Southold Town Planning Board
January 3, 1986
Page 2
If you have any
to contact me.
questions, please do not hesitate
Sincerely,
PECONIC ASSOCIATES, INC~
Merlon E, [~iggi~/~h.D.,M.E.
President
C~NTY OF SUFFOLK
PETER F. COHALAN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES
DAVID HARRIS, M.D., M.P.H,
Re:
Proof of Inspection for Outdoor,
Aboveground Storage Facilities
Suffolk County Facility I.D. #
Gentlemen:
Your facility has been recently notified by this Department
as to the compliance requirements for outdoor, aboveground
hazardous/toxic materials storage facilities, as per Article
12 of the Suffolk County Sanitary Code. One of the partic-
ular requirements is the filing of a Proof of Inspection
with this Department. Enclosed please find the Proof of
Inspection form, which should be completed and submitted
to tkis office.
A completed Proof of Inspection form must be submitted for
all outdoor, aboveground storage tanks except fuel oil tanks
of less than 1100 gallons used for on-site heating or inter-
mittent power production. Tanks for the storage of Number 6
fuel oil or other materials of equivalent viscosity are
exempt from the internal inspection but tke remaining por-
tions of the form must be completed. Tanks elevated off
the ground are also exempt from the internal inspection but
the remaining portions of the form must be completed.
One Proof of Inspection form is required for each outdoor,
aboveground tank at your facility. Please be advised that
as per Section 1211 of Article 12, the compliance date for
filing the Proof of Inspection form is Jan. 1, 1985. Viola-
tions of Article 12 may subject your firm to penalties of
up to $500 per day per violation.
Also enclosed is a copy of the registered tanks and drum
storage listing, as per this Department's records. This
(OVER)
information was furnished by a representative of your facility,
as required by Article 12. If this listing is not accurate in
any way please make the necessary corrections or additions and
return the revised listing to this office within 14 days.
Should you have any questions please do not hesitate to con-
tact me.
VJF/rt
Encl.
Very truly yours,
Vincent J. Frisina, P.E.
Hazardous Materials Management
JUDI FIIT. TERRY
TOWN ('1 t. RK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
January 27, 1986
To:
From:
Re:
Southold Town Planning Board j
Southold Town Board of Appeals
Southold Town Building Department
Judith T. Terry, Town Clerk
Waiver Request - Port of Egypt
Please submit all pertinent data in your files pertaining to the waiver
request of Peconic Associates, Inc., on behalf of Port of Egypt.
Attachments
P comc AssOCiAteS, I c.
ENGINEERING & PLANNING CONSULTANTS One Bootleg Alley P.O. Box 672 Greenport, New York 11944
Telephone: (516) 477-0030
January 18, 1986
ASSOCIATES:
Fairweather/Brown
Architects
Gannet Fleming Southold Town Board
Engineers Southold Town Hall
R.P. Morrow & Associates Main Road
Winery Design Southold, L. I.
Planners East New York - 11971
Em,iromnental Planning
Wilhelm Atlantic Co. Re:
Financial Planning
TOWN OF SOUTHOLD
Port of Egypt - Relocation and Installation
of Existing Fuel Tanks in Accordance to
Requirements of the Suffolk County Health
Department.
Gentlemen:
Suffolk County Health Department has indicated
that the Port of Egypt Marine fuel tanks are not
installed in accordance with Article 12 of the
Suffolk County Health Code.
Attached are plans depicting the relocation of
said tanks and installation, in accordance with
the Health Department requirements.
Because of the moritorium on areas zoned for
commerical business, the Planning Board has ruled
that they cannot review these plans until a waiver
is granted by the Town Board.
would you please schedule discussion and review
for such a waiver during the next regularly
scheduled meeting.
Sincerely,
PECONIC ASSOCIATES, INC.
Merlon E. wigg~FPn.D.
President
cc: Port of Egypt
5iTE. PLAAI/'~'''
NO SCALE
;5-i :,,
LASER FICHE FORM
Planning Board Site Plans and Amended Site Plans
SPFile Type:
Project Type: Site Plans
Status: Incomplete Application - In Active
SCTM #: 1000 - 56.-6-2
Proiect Name: Seafood Bar.qe & Port of ERyPt
Address: 62140 NYS Route 25, Southold
Hamlet: Southold
Applicant Name: Armando Cappa, Seafood Bar.qe &,Port of EQvot
Owner Name:
Zone 1:
Approval Date:
OPTIONAL ADDITIONAL INFORMATION
End SP Date:
Zone 2:
Location:
SC Filin.q Date:
C and R's:
Home Assoc:
R and M A.qreement:
A date indicates that we have received the related information
Zone 3:
SCAN Date:
SCANNED
o~ds Manageme~t
(zAzf A l/V/)
f
FEll 2 I 1991
t
PLAN VIEW
;-4'"'=/'o"
SCALE
LAMP
'- -- /
SEC T/ON ~ ~.. ~,
SCALE ~'~1~0'
~ II J?UEL 5T~A~ TA~.I~rAL'LATI~'S
[ JJ oro~u~r s;;nClATES Inc. I
J / ~ One Bootlel Alley P.O.516.477.0030Box 672 Greenport
.j
0
O
CO.
400.
REO'O
~4^
Oil.
P~OC-'OS~D NEW FUEL STOqA6E
TANK IN$TALLATION/ Z E, OOo
DIBS~L FU~L. ~ANK~; Z-6A~OL N~
I- DI&SEL SE~VIC~ PuI~pS, /
"ii
650, G
,/,qN 3
~NC.
"t: I'¢rAr ! ',- ',
PLAN
SCALE
VIEW
/~"_- /LO"
,, /
SEC T/ON
SCALE -- b"=l'-O''
SITE
PLAN/~,
NO SCALE
PECONIC ASSOCIATES Inc,
consultants
One Bootleg Alley P,O. Box 672 Greenport, N.Y. 11944
516 - 477-0030
LAHP POST DEE
NO SCALE
I"~UEL STORAGE TANK INSTALLATIONS
/,,- PORT ,,/' EGYPT MARl-NE
ROUTE 25 SOUTHOLD., NEW YORK
DATE