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HomeMy WebLinkAbout6333 South Side Main Rd., Southold 9/I7/8I CA-insuff. buildable upland area, proposed east- erly lot will have existing bldgs, w/insuff. sideyards. 62500 Main Rd., Southold D-construct add. w/insuff, frontyard setback and to use proposed addition for retail sales ~ew motels-sideya~d-upland srea. Office Location: Town Annex/First Floor, Capital One 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 , REC[IV~D'~i-.- TOWN OF SOUTHOLD ~ 2" c.{ ~) Tel. (631) 765-1809 Fax (631) 765-9064 V : 3 0 FINDINGS, DELIBERATIONS, AND DETERMINATI ~ ~ r~ MEETING OF DECEMBER 22, 2009 ~< ...... ~r~ ZBA FILE # 6333 - NAME OF APPLICANT: WILLIAM LIEBLEIN PROPERTY LOCATION: 62300 Rte. 25, Southold; CTM Parcel 1000-56-06-6.1 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 October 6, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: A letter dated October 2, 2009 confirming consistency with LWRP policy standards was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program. PROPERTY FACTS/DESCRIPTION: The subject property is a 237,789 square foot parcel measuring 477.45 feet along Old Main Road on the north, 413.12 along the eastern border, 560.27 (110.39+46.84+163.53+ 147.26+92.15) feet along Budd's Pond to the south, and 571.79 (292.21+12.00+35.00+12.00+ 220.58) feet along the western border. The lot is improved with a one-story restaurant building, a swimming pool, and two one-story frame buildings as shown by a survey prepared by John T. Metzger, L.S., dated September 24, 2003. BASIS OF APPLICATION: Request for Variances from Code Sections 280-56 and 280-116, based on an application for a building permit and the Building Inspector' s July 27, 2009 Notice of Disapproval Concerning proposed addition/alterations to a (restaurant) building, the new construction is proposed: (1) at less than the code-required minimum of 75 feet from a bulkhead adjacent to Budd's Pond, and (2) at less than the code-required minimum of 35 feet from the front yard lot line. Page 2- December 22, 2009 ZBA File#6333 - William Liebl~in CTM: 1000-56-6-6.1 at 62300 Rt. 25, Sou~hold FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 3, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: Applicant seeks a variance to allow retention of a 0.5 foot setback from Old Main Road for a wooden deck on the roadside and a wooden waterside deck 20 feet from the bulkhead. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law Sect. 267-b (3)(b)(3)(1). An undesirable change will not be produced in the character of the neighborhood or a detriment nearby properties. The applicant proposes construction of an outdoor grade level water-side deck between the existing restaurant and an existing wood retaining walls. The water-side deck will be visible only from the water and the restaurant. The decks will be almost entirely within the confines of an existing retaining wall. 2. Town Law Sect. 267-b ¢3)(b)(2). The benefit of adding decks to allow outdoor seating within the confines of existing retaining walls cannot be achieved by some method feasible for the applicant to pursue other than an area variance. The building to which the decks are to be attached is already nonconforming. 3. Town Law Sect. 267-b (3)(b)(3). The amount of relief requested is not substantial. The proposed decking will be unenclosed and is of Iow profile and will be within the confines of existing retaining walls. 4. Town Law Sect. 267-b (3)(b)¢5). No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. All new construction will be at or near grade level and within the confines of existing retaining walls. 5. Town Law Sect. 267-b (3)(b)(5). The difficulty has been self-created so far as the changes proposed ara the result of the applicant's desire to modify a pre-existing structure. 6. Town Law Sect. 267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and Page 3- December 22, 2009 ZBA Fileg6333 - William Lieblein CTM: 1000-56-6-6.1 at 62300 Rt. 25, Southolcl alterations 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 under New York Town Law 267-b, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the area variances as applied for. Per Site Plan dated July 21, 2009 and Elevations dated July 16, 2009 prepared by Sepenoski - Stoltze Design. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps are not authorized under this application when involving nonconformities under the zoning code, This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Simon, Weisman and Schneider. Member Horning was absent. T~op~.(~ . / Ger~3cd~P. Goehringer, ~'~airma(1' ~ R.~CEIVED C- Garrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 March 12, 2010 Ms. Leslie Weisman, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 p~ECE~VED BOARD OF APPEALS Re: Proposed Additions to Premises, 62300 Main Road, Southold, NY Port of Egypt Enterprises, SCTM #1000-56-6-6.1 Appeal # 6233 Dear Ms. Weisman and Members of the Board: We have made an application to the Building Dept. for a permit to construct the deck addition, partial roof addition and front facade addition to the above referenced premises in accordance with the relief granted under appeal 6233. The Building department has called to our attention the fact that there is a discrepancy in the resolution and referenced drawings with respect to the partial roof addition. Specifically, the resolution makes reference to the Site Plan dated July 21 st which clearly shows the 10' by 37'~artial roof addition. It also makes reference to an elevation drawing which has an earlier date of July 16 which was an inaccurate drawing inasmuch as it failed to show the partial roof addition although it did show the front facade addition. I believe that everyone was of the understanding that our application was to include the partial roof addition as shown on the site plan and explained in testimony at the public heating. In addition, I further clarified this matter in my letter to the Board dated December 11, 2009 (copy attached). I have also enclosed a copy of my final plan and elevation drawings for your reference. In light of the above, I would appreciate your discussing this matter with the Building Department and clarifying the intent of the variance which was granted so they can proceed with reviewing our application for the building permit. I apologize for any inconvenience this may have caused and thank you for your courtesy and cooperation in this matter. Respectfully submitted, Architect Encs. Garrett A. Strang Architect RECEIVED 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 December 11, 2009 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 g, OARD OF APPEAI~ Re: Proposed Additions to Premises, 62300 Main Road, Southold, NY Port of Egypt Enterprises, SCTM #1000-56-6-6.1 Appeal # 6233 Dear Mr. Geohringer and Members of the Board: After reflecting on the discussions which took place at the public heating in the above referenced matter last week, I wish to clarify some points prior to the Board's deliberations. It was agreed at the hearing by Mr. Lieblein, the Owner of the property, that the southerly (waterside) deck would remain open without a roof at this time. However, I wish to call to the Board's attention that our application and accompanying drawings do call for a new roof addition on the northeasterly comer (parking lot side) of the wrap around deck. In addition, there is a proposed reconfiguration of the Main Road side roof line from the existing double gable barge look to a taller, single gable, more conventional looking roof line which is meant to conceal the existing roof mounted mechanical equipment. Both of these items are critical to the design and intended use of the restaurant and I wanted to make certain they were included in the final resolution. I have attached a copy of an artist's preliminary conceptual rendering for your reference in the above which I hope you will find helpful in clarifying the intent and extent of our application. Thank you for your consideration in this matter and best regards for the Holidays. Very truly yours, Garrett a. Strang, Architect Encs. CC: Port of Egypt Enterprises Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMORANDUM Michael Verity, Chief Building Inspector Leslie Kanes Weisman, ZBA Chairperson March 22, 2010 ZBA Decision #6333 - William Lieblein and Por~ of Egypt Enterprise At your request, I have reviewed the contents of two letters from Garrett Strang, Architect dated January 29, 2010 and March 12, 2010 and Architectural Plans by Mr. Strang dated March 11, 2010 No. A-2 and A-3 (proposed deck and roof addition). Although these drawings are not the ones that our decision for reli.ef was based upon as noted in the decision, the differences are deemed to be de minimis in nature and may be substituted as such for the issuance of a building permit. Leslie Kanes Weisman Cc: Garrett Strang, Amhitect ZBA #6333 Garrett A. Strang Architect RECEIVED 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 January 29, 20010 Mr. Michael J. Verity Chief Building Inspector Town of Southold POB 1179 Southold, NY 11971 BOARD OF APPEALS Re: Proposed Additions to Premises, 62300 Main Road, Southold, NY SCTM #1000-56-06-6.1 Dear Mr. Verity; I have enclosed herewith a copy of an mended map of the above referenced premises for your review and comment. Subsequent to the issuance of a variance (ZBA File # 6333), my client has been advised by the DEC that the waterside deck is unacceptable to them as originally presented and requires modification. The nature of the modification is to reduce the depth of the deck from 30' to 20' thereby moving it 10' further back fxom the retaining wall and bulkhead. They are allowing that the deck area lost by this additional 10' setback can be added as a 20' by 30' addition to the east over the existing parking lot. This modification is presently shown on the enclosed map. It is my opinion that the spirit of the relief granted in the variance is maintained if not enhanced by the increased setback from the bulkhead and respectfully request your review of the enclosed and are hopeful you will concur with my opinion. I look forward to heating from you on this matter at your earliest convenience and thank you for your consideration in this matter. Very truly yours, Garrett A. Strang, Architect Encs. CC: Southold Town Zoning Board of Appeals GmTett A. Strang Architect December 1 t, 2009 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 233 Re: Proposed Additions to Premises, 62300 Main Road, Southold, NY Port of Egypt Enterprises, SCTM #1000-56-6-6.1 Appeal # 6'133 Dear Mr. Geohringer and Members of the Board: After reflecting on the discussions which took place at the public heating in the above referenced matter last week, I wish to clarify stone points prior to the Board's deliberations. It was agreed at the hearing by Mr. Lieblein, the Owner of the property, that the southerly (waterside) deck would remain open without a roof at this time. However, I wish to call to the Board's attention that our application and accompanying drawings do call for a new roof addition on the northeasterly comer (parking lot side) of the wrap around deck. In addition, there is a proposed reconfiguration of the Main Road side roof line from the existing double gable barge look to a taller, single gable, more conv, entional looking roof line which is meant to conceal the existing roof mounted mechanical equipment. Both of these items are critical to the design and intended use of the restaurant and I wanted to make certain they ~vere included in the final resolution. I have attached a copy of an artist's preliminary conceptual rendering for your reference in the above which I hope you will find helpful in clarifying the intent and extent of our application. Thank you for your consideration in this matter and best regards for the Holidays. Very truly yours, / Garrett a. Strang, Architect Encs. CC: Port of Egypt Enterprises 'PI?CHi I ~OTE: ALL, POSTS SHOWN ON THE DRAWINGS OR OTHEEWISERE~QUlRED, MUST UPPORT~,~TH SOLID BERING ~OW,~ICH iS ~OUOOa ~ TO FOUNDATION WALt., ~IER OR 8TEEL'COEUMN IN BA$EMENT AND/OR .J GENERAL NOTES; RECEIVED MAP, 1 ~ ZOiO BOARD OF APPEALS NOTE: .P, ROVIDE AN~iNSTALL "iCE & WATER SHIELD" AS MANUFACTURED BY GRACE OR GAF STORM GUARD" AT ALL RAKE EDGES, EAVES, VALLEYS, HIPS, AND CHANGES IN ROOF PITCH. NOTE: ALL POSTS SHOWN ON THE DRAWINGS OR OTHERWISE REQUIRED, MUST BE SUPPORTED WITH SOLID BEARING BELOW WHICH IS CONTIOUOU~ D(~WN TO FOUNDATION WALL, PIER OR STEEL COLUMN IN BASEMENT AND/OR CRAWL SPACE AREAS. NOTE: EVERY ROOF FRAMING MEMBER MUST HAVE A HIGH WIND RESISTANT MECHANICAL CONNECTION MADE TO THE SUPPORTING TOP PLATE OR GIRDER AS PER CODE. CONNECTORS MUST BE GALVANIZED OR STAINLESS STEEL AS MANUFACTURED BY "SIMPSON STRONG TIE" SIZED AND iNSTALLED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS. B-A6'T B-- b-B-VA f I c9 N D CROSS SECTION END view CROSS. SECTION END VIEW LATERAL FRAMING CONNECTIONS NOT TO SCALE UPLIFT CONNECTIONS NOT TO SCALE NOTE: INSTALLATION OF ANY PVC TRIM BOARD MATERIAL MUST BE IN ACCORDANCE WITH MANUFACTURERS RECOMMENDATIONS. All JOINTS MUST BE PROPERLY FASTENED WITH GLUE AS PER THE MANUFACTURERS SPECIFICATIONS, ANY MATERIAL FOUND TO BE IMPROPERLY INSTALLED, W~LL BE REPLACED AT THE COINTRACTORS OWN EXPENSE. GARRETT A. STRANG architect 1230 Traveler Street, P.O,Box 1412 Southold. New Yor~ 11971 ph. 631 - 765- 5455, fx. 631 - 765 - 5490 a~chitec~@quixnet.net ' LOCATION RAFTER ~ RIDGE PLATE TO STUD HIGH WIND ZONE CONNECTOR SCHEDULE MODEL# PRODUCT LSTA21 SIMPSON STRONG-TIE H 2 TR, AFTER TO SIMPSON STRONG-TIE H 10 OR OP PLATE H 10-2 SIMPSON STRONG-TIE H 8 TO STUD 20 GA METAL STRAP TIE Z-MAX COATED Z-MAX COATED 18 GA METAL HURRICANE TIE Z-MAX COATED Z-MAX COATED STUD, TO BOX BEAM AND PLATE RAFTER TO TOP OF GIRDER SIMPSON STRONG-TIE SIMPSON STRoNG-TIE MSTA36 HTS 16 ROOF GIRDER TO SIMPSON STRONG~IE HTS16 COLUMN DECKJOISTSTQ SIMPSONSTRONG~IE MTS12 DECK GIRDER SIMPSON STRONG-TIE DECK GIRDER TO POST DECK POST TO CONC. FOOTING PBS44A 16 GA METAL STRAP TIE Z-MAX COATED 14 GA METAL TW1ST STRAPS Z-MAX DOATED 14 GA METAL TWIST STRAPS Z-MAX COATED · t6 GA METAL TWIST STRAPS Z-MAX COATED 2- 5/8" DIA. GALV. MACHINE BOLTS, NUTS & WASHERS 12 GA. BASE, 14 GA. STI~P, POST BASE, STAINLESS STE ~E~ ---~'L!N G SCHEDULE -- JOINT DESCRIPTION I NUMBER OF I NAIL SPACING NAILS ........................... - ..................... L ....... L ROOF FRAMING RAFTER TO'TOP PLATE (toe nailed) 16"SPACING, 10' WALL HEIGHT -CEILING ;JO~ST TO TOP PLATE (toe nailed) 16"SPACING, 10' WALL HEIGHT CEILING JOIST TO PARALLEL RAFTER (face nailed COLLAR TIE TO RAPTER (face ns)led} DLOCKING TO RAFTER ~oe nailed) TO RAFTER WALL F 4-8d 9- 16d 2-8d 2-16d ~ER RAFTER PER JOIST EACH LAP PER TIE EACH END ~ 16" ol,c EACH END EACH END (face nailed) 4-16d , , (face nailed} TOP OR ,BOTTOM PLATE TO STUD (end nailed) 2- 16d · 1 Sd 3-16d BOTTOM PLATE TO FLOOR JOISTS, BANDJOIST 2-16d END JOIST OR BLOCKING ROOF SHEATHING STRUCTURAL PANELS ' IDE t6" o,c. ALONG EDGES }TUD PERIMETER EDGE ZONE - RAFTERS 16"o~c 8d INTERIOR ZONE - RAFTERS 16"o/c WALL SHEATHING 4' PERIMETER EDGE ZONE - STUDS 16"olc 8d INTERIOR ZONE - STUDS 16"olc Sd EDGE/6" IN FIELD EDGE/12" IN FIELD EDGFJ12" IN FIELD EDGE/12" IN FIELD RECEI~/ED MAR ! ~ 2010 BOARD OFApp~ ,I 18.8' H YDRAN F ~® U iTL/ ry RE'rAIN/No WALL ozz CO~RS RET. NEW LOCATION o FOR PROPANE HEIGHT OF NEW DECK ~N~ TAN o MATCH EXISTING Fl FLOOR OF RESTAU NEW FENCE GROSS SITE AREA NET SITE AREA (w/o boat basin) BUILDING AREA EXTG % LOT COVERAGE EXTG BUILDING AREA PROPOSED % LOT COVERAGE PROPOSED EXTG RESTAURANT AREA RESTAURANT AREA WITH PROPOSED DECK - 237,488.6 sq. fl (5.45 acres) - 154,603.0 sq. fl (3.54 acres) - 11,305.9 sq. fl - 7.3% - 15,323.3 sq. ff. - 9.9% - 4,125.2 sq. ft. - 8,293.2 sq.ft. TAX MAP8 OWN FLOOD ZONE ZONING USE (EXSISTING) USE (PROPOSED) SURVAYOI~ 1000-56-06-6.1 PORT OF EGYPT ENTERPRISES AE-8(EL.8) MIl RESTAURANT SAME WITH OUTDOOR DECK/SEATING PECONIC SURVEYORS, P.C, (631)-765-5020 FAX (6310765-1797 P.O. BOX 909 1230 TRAVELERS ATREET SOUTHOLD, N.Y. 11971 LICENSE ~f49618 PROJECT SITE -- TO HOUSE ~ DATED: AUGUST 6, 2003 EXISTING MARCH 9, 2006 (UPDATED) TRASH.-- CONCRE~ ~'LA~, ~o.9 SI~-~ DATA ~ co~ KEY P~N (+~X--X~ ~ 56.5' l POLE EDGE OF q ~ PROPOSED ~S~ ~ ~8 ouTDoo. ~.c. ~.' ~ ~ ~ OF EXISTING BED. ~ I ~ EXTG. FR. --NEW ROOF LINE 0~ FENCE TO ,, ~LDG. 1.8'E N6# °55 'O0"E 12.00' BE REMOVED ~ 4,125.2 SQ. FT. ~.. FIN. FLOOR EL. 9.1' NEW DECK TOP WRAP AROUND TO EXISTING CONC. POR¢ 1000-56~06~6. 1 PROPOSED RAMP CONG. S64o55'00,,W 12.00' ESTG. WOOD RET. WALL FLOA TING DOCK 65.2' RAMP \\-\\ 2:!.0 EXTG. CONCRETE WALK WA Y 20.2' COVER --EXSTG. WOOD RE% WALL TO BE REMOVED --PROPOSED RAMP 1:20 EXSTG. WOO DECK ~ PROPOSED OUTDOOR \ DECK AT 8.3' ~ EwX2J o O.o e S64°55'0 12.00' N64 °55 'O0"E 12.00' [ 6.1 FR. RESTAURANT ~ [ WOOD ~ I~ \ CURB BOA T BASIN ] ~ I [ I ~ I I ~ F ] [ I SITE P_ N ' I ; SITE 8C~E: ~ ~ ~'~' I STY, FR. ' ~L MAP ~ ' REVIEWED BY ZBA ~ ' SEE DECISION # 6j5~ ~ r~- DATED ;4 /~,~ / ~,~¢'~' :~ SOUTH ELFVATION SCALE: 1/8" -- 1'-0" ~40' TOP OF PREPOSED ROOF PEAK i~ 27.3' TOP OF EXISTING ROOF PEAK ~9.1' TOP OF FINISH Wr=ST ;LEVATION SCALE: 1/8" = '1'-0" ~ 29.6' TOP OF EXISTING ROOF PEAK 9.1' TOP OF FINISH EAST ELEVATION SCALE: 118" = 1'-0" 1~_40' TOP OF PROPOSED ROOF PEAK ~_21.1' TOP OF EXISTING ROOF PEAKS ROOF PLAN ~ 9,1' TOP OF FINISHED FLOOR ~= SCALE: 118" = 1'-0" NORTH =LEVATION SCALE: 1/8" = 1'-0" FINAL MAP REVIEWED BY ZaA SEE DECISION # (~-'z ~ -'""'=lB/~ !/~1 :@ PROJECT NO: 0001 DRAWN BY: MCS CHECKED BY: SLS DATE: JULY 16, 2009 SCALE: 118" = 1'-0" SHEET TITLE: ELEVATIONS SHEET FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. / NOTICE OF DISAPPROVAL / / DATE: July ~7 2009 TO: William Lieblein 62300 Rt. 25 Southold, NY 11971 Please take notice that your application dated July 21, 2009 For permit for addition/alterations to an existing restaurant at Location of property: 62300 Rt. 25, Southold, NY County Tax Map No. 1000 - Section 56 Block 6 Lot 6.1 Is returned herewith and disapproved on the following grounds: The construction, on this conforming lot in the Mil District, is not permitted pursuant to Article XXIII, Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead, ... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The proposed addition is setback approximately 20' from the bulkhead. Also, the construction is not permitted pursuant to Article XlII, Section 280-56, which states: "No building ... shall be erected or altered in the Mil Distdct unless the same conforms to the Bulk Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The required front yard setback is 35'. The proposed setback is approximately .5'. -/At~t-h~riz~ signature Page 1 of 1 Toth, Vicki From: Verity, Mike Sent: Tuesday, March 09, 2010 10:23 AM To: Toth, Vicki Subject: RE: 62300 main Rd., Southold (Lieblein) Vicki, The proposed amendment conforms as per our discussion. Thanks, Mike From: Toth, Vicki Sent: Tuesday, March 09, 2010 9:54 AM To: Mike Verity (Mike.Verity@town.southold.ny.us) Subject: 62300 main Rd., Southold (Lieblein) Mike - On February 1, 2010, you received a letter from Garrett Strang regarding Leiblein. He asked if the change proposed on the deck would be in keeping with the grant. You agreed it would be and would provide a letter to the Board that the new map dimensions are in keeping with the relief granted. Could you please provide the letter so I can close out this file? Thank you, Vicki 3/9/2010 OFFICE LOCATION: (cot. M~in Rd. & ¥oung~ Ave.) $ou~hold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of A/~als / From: Mark Terry, Principal Planner .~...~"-.~ LWRP Coordinator'~ '-- Date: October 2, 2009 i 0CT 5 2009 Re: ZBA File Reference No. 6333 WILLIAM H. LIEBLEIN (PORT OF EGYPT) SCTM#1000-56-6-6.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Lori Hulse, Assistant Town Attorney SUFFOLK COUNTY EXECUTIVE COUNTY OF SUFFOLK STEVE LEVY DEPARTMENT OF PLANNING RECEZVED OCT ! 200 BO.a,~D OF APPE~m $ THOMAS A. ISLES, A,I.C.P DIRECTOR OF PLANNING October 6, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants M~mnicipal File Nnmhers MyerS, Kelly (c/o Peconic Permit Expediting) Lieblein, William Penny, William A. III Highland House FI LLC Scarola, Frank Scarola, Frank Simpson, Laurence & Lillian Fabb, William J. (TFLC Inc.) Nardone, Mark M. & Elizabeth 6330 6333 6336 6337 6338 6339 6340 634-1 6342 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853.-4044 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS t .~ For Office Use Only Fee: $ /0~ Filed By:o' ' Date Assigned/Assignment Office Notes: SCTM 1000 Section 3~ Block f~ Lot(s) ~-. / Lot Size I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant(s)/~ner(s): ~'~ ~ ~ /,~ o ~ ~/~L ( '~/ fo~r bw~ff ~. MailingAddre~: ~'/~: ~ ; ~C~~1 ~/~ ~ Telephone: '/~ ~ ~' Fax~: ~ S ~ Email: NOTE: In addition to the above, please complete below if application is signed by applicant's aO~rney, agent, architect, builder, contract vendee, etc. alld ilame of persol~ who ageln represents: NameofRepresentative: ~4/2~{~ ~- 9 ~_~ ~xl W~, ~c///~afor ~5~') Owner, or ( ) Other: Telephone '7 C- 5 -'gq'~,~ Fax#: ~'&5~ Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED xq-~.J£V'/~ )6_l~and DENIED AN APPLICATION DATED ~v//L¥ ~/, ~OFy~ FOR: ~Buiiding Permit [] Certificate of Oeeopaney [] Pre-Certificate of Oeenpaney [] Change of Use [] Permit for As-Built Constrnetion DOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~X/// Section 280- //~ Subsection Type of Appeal. An Appeal is made for: A A Variance to the Zoning Code or Zoning Map. Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal]j~has, [] has not been made at any time with respect to this property~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call ourpffice for Name of Owner: ZBA~File # REASONS FOR APPEAL fadditional sheets may be used with Dret~arer's sil~nature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CABOT be achiev~ by some meth~ feasible for the applicant to pu~ue, other than an ar~ variance, b~use: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~r~ ff~oPc'~ ~,~-/~ t>l~,~ 7~ ('~,~,~-/c~ (5) Has the alleged difficulty been self-created? ~Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes {t~lease £urnish cot~J. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn tp before me this ~'~ day o~a/(~clST-, 20(9<~ . No'fy Public Str~g C, New Yor~ No. 473~95 Qualified - Suffolk County Comm. Expires duly 31 ~(2¢.(~ /~lgnature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Applicant: I. For Demolition of Existing Building Areas Please describe areas being removed: ~ ~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: 11. New Construction Areas (New Dwelling or New Additions/Extensions):c,~,o,er~ Dimensions of first floor extension: /~× ~7.$- ~v~ Dimensions of new second floor: /,_r/.~ Dimensions of floor above second level: Height (from finished ground to top of ridge): ls 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 if necessary) - Please describe building areas: Number of Floom and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: I IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~tOl.~ S', z. G7. Squarefootageofyourlot: 2 7, 4&:t ato , Percentage of coverage of your lot by building area: &"~'rg 7. V~ PurposeofNewConstruction: ~ c'~ ,/ot: ~<r D c c .. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): /00 ~[~ t~c~W' ~ bc',-c c c-,"~ J~ b-';r.~ ~r/~_c)¢T~',~< S Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes "~No Are there any proposals to change or alter land contours? '~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? too 2) Are these areas shown on the map submitted with this application? ,-;/~ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~c? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~o (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? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel ffE$/~/t~/~,~ ~o 7'- andproposeduse tJCSW/,Ic.,~.q,.~ r' t~r// C'~,'7¥~ 3)/t~,-~& (examples: existing: single-family; proposed: same with garage or pool, or other description.) thorized Signature and Date 2/05; 1/07 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property w~thio an agricultural district OR within 500feet of a farm operation located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk Courtly Deparlment of Planning in accordance with Sections 239- m and 239-n of the Generall~unlcipalLaw. 1) Name of Applicant: 2) Address of Applicant: 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description of Proposed Project: 6) Location of Property (road and tax'map numbor): I~ o~ ~ Z - ~ ~, f 7) Is the parcel within an agricultural district? ~No []]Yes If yes, Agricultural District Number Is this parcel actively farmed? ~No F]Yes 8) 9) Name and address of ~y owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessom Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot nurabers may be obtained, in advance, when requested from either the Office of the Plaiming Board at 765-1938 or the Zoning Board of Appeals at 765-1809. Signature of Applicant Date Note: 1. The local hoard will solicit comments from the owners of land identified above in order to consider the effect of tho proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments retained to the local board will be Ntken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Stut~ment shall b~ sam by applicant a~dtor thc clerk of thc board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at suc~ time means the application is not complete and cannot be acted uppn by the board. 1-14-09 State F.~vlronmental Quall~y Revle~ SHORT ENVIRONMENTAL ASSESSMENT 'FORM For UNLISTED ACTION~ Only .PART I--PROJECT INFORMATION ~o be completed by Applicant or Project sponsor) 3. PR~ L~O~ ~ 5. IS PROPOSED ACTION: C] New ~,Expar~o~ 7. AMOUNT OF LAND AFFECTED:. s. W.L P~O~OS~ CO~Y wrrH ms~ ZO~n~G OR O~E~ ~S~ L~ND US~ Rr~-m~nONS~ ~ ff~ I1~ ~ m ~ 12. AS A RESULT OFiI~OPo$~n ACTION WILL EXISTING RE~MITIAPP~OVAt. I~IlRE MOOIFICAllON? I CEI~II~ THAT THE INFORIdATION PROVII~.D A~OVE I~ TRUE TO THE ~1' OF IdY ~ '" i Il the action Is in the Coastal Ares, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S 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: g~//_- L/,~/~ ~/~ ~A~ ~'/,,~ , (Last name, first name, middle initial, unless you am applying in the name of someone else or other entity, such as a company. If so, indicate the other pemon or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance /' Variance ~ Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO J Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) 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: - ' ~ · Town of Southold A. INSTRUCTIONS I. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont 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 actiom· including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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). lfany 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# .5'~ O~ ~. / The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~ Building Dept. ~ BoardofTrustees ~-~ 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. grant, loan, subsidy) (c) Permit, approval, license, certification: [-~ Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: 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: (b) Mailing address: (c) Telephone number: Area Code (d) Application number, if any: Will the actio~ly undertaken, require funding, or approval by a state or federal agency? Yes [~ No I v I 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 IH - Policies; Page 2 for evaluation criteria. ~Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -~ Pages 3 through 6 for evaluation criteria [] Yes [] NoFT~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- ~ Pages 6 through 7 for evaluation criteria ~-~ Yes [] No I/,q (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pag.~.a.8 through 16 for evaluation criteria 14 Yes [-~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. Sec LWRP Section III - Policies Pages 16 throug/ll 21 for evaluation criteria ~ Yes [] No ~-~(Not Applicable - please explain) Attach additional sheets if necessary 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 evalu~at~.~eria. [~ Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Sec Section III - Policies Pages; 34 through 38 for evaluation Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy/$. Minimize environmental degradation in Town of Southold from solid waste and hazardous subs~nces and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~l_~ Yes ~ No ~-~ (Not Applicable - please explain) 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 No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in S~YeslOCations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town wa~rs. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes ~] No~lr. I Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section III - Policies; Pages 62 through 65 for evalu~n criteria. ~-~ Yes [] No~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies 65 through 68 for evaluation criteria. [] Yes ~-~ NovT-J/10~ Not Applicable - please explain Garrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 August 20, 2009 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals POB 1179 Southold, NY 11971 Re: Proposed Additions to Premises, 62300 Main Road, Southold, NY SCTM # 1000-56-6-6.1 Dear Mr. Goehringer and Members of the Board: Enclosed please f'md requisite number of completed application packages in connection with the above referenced project, together with fee in the amount of $600.00. The nature of the proposed work is as follows: Proposed wood deck seating on marina side, wraparound deck and ramp for access from main entry, 10 x 37 roof extension, northside gable appliqu6 to hide mechanical equipment. Please feel free to contact my office if you have any questions regarding the above. Very truly yours, ~G/arrett A. Strang, R.A. Architect Encs. AFFIDAVIT Re: Premises, 62300 Rt 25, Southold, NY 11971 SCTM #1000-56-6-6.1 TO WHOM IT MAY CONCERN: A copy of Variance Application has been served on the Southold Building Department on August 20, 2009. Dated: August 20, 2009 /~/AGARRETT A. STRANG RCHITECT/AGENT Jul 31 09 02:57p Strang Designs 631-765-5490 p.2 LETTER OF AUTHORIZATION RE: Premises, 62300 Main Road, Southold, NY SCTM # ! 000-56~6-6.1 I, _WILLIAM LIEBLIEN, AN OFFICER IN THE CORPORATION KNOWN AS PORT OF EGYPT ENTERPRISES, INC. HEREBY AUTHORIZE GARRETT A. STRANG, ARCHITECT TO ACT ON MY BEHALF WHEN MAKING APPLICATION TO THE UNITED STATES OF AMERICA, STATE OF NEW YORK, COUNTY OF SUFFOLK, TOWN OF SOUTHOLD OR ANY OTHER GOVERNMENTAL AGENCY IN CONNECTION WITH ~ ABOVE REFERENCED PROJECT. Signature: ~'J Sworn to before me this %e,~ Day of ~_,y , 2009 Notary Public ANNEMARIE VANMATER State of New York Notary Public, State of New York No. 01VA5077320 Oualified in Suffolk Count,/ Commission Expires May 5, ~ ~OWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20__ Approved ,20.__ Expiration 20 __ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have 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 Perm/t Storm-Water Assessment Form Con4~et: Mail to: Phone: Building Inspector APPLICATION FOR BUff,fliNG PERMIT "')' { ,20~_ a. This application MUST be completely filled ia by typewriter or ia ink md submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. Thc work covered by this application may not be commouce, d before issuance of Building Permit. d. Upon approval of this application, ~ Bulklino,. Ia~ector will irame a Bffddiag Pe~it to the applicanL Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used ia whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire ffthe work authorized has not commenced within 12 months after the date of issuance or has not been completed wiflfin 18 months from such date. If no zoning amendments or other m-gulafions affecting the property have been enacted in the interim, the Building inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be requined. APPLICATION IS HEREBY MADE to the Building Dopattment for the issmmcc of a Building Permit pursuant to the Builffmg Zone Ordinance of thc Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances 6r Regulations, for thc 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 in building for neccssasy inspections. (Signature of applicant or name, if a co~pomtion) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises //(.];////t:~ ~O~ / (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate off'ltllf) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Locatiqn of land on~w. hich proposed work will be done; House Numb~ S~ Co~T~pNo. 1000 S~on , ~ Bl~k Sub,vision Filed Map No. Lot 2. State existing use and occupancy of prerai~ses and inlended use and a. Existing use and occupancy b. Intended use and occupancy. 3, Nature of work (check which applicable): New Building Repair Removal Demolition 4. EsfimatedCost ~.~c~O 0 i' dO 0 Fee 5. If dwelling, number of dwelling units If garage, number of cam 9. Size of lot: Front occupancy of proposed construction: Addition Other Work Alteration, (Description) (To be paid on filing this application) Number of dwelling units on each floor If'business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existijlg structures, ff any: Front. Height ,,) 3 Number of Stodes Dimensions of s. arge ~tmcture with alterations or additions: Front 7~ Depth ~/~> Height ra) ~, / Number of Stories Dimensions of entire new onstmction' Front Height ~ Number of Stories D Rear Rear Depth Name of Former Owner 10. Date of Purchase 11. Zone or use district in which premises are situated Depth / Rear ~,~ / Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO ~<' 13. Will lot be re-graded? YES NO r~:~ Will excess fill be removed from premises? YES NO 14. Names of Owner ofpr .etnisestOt, J, /~ Address. ~dYodl~tg~ff°~cJt~oneNo.~,~'[ 7~'5'-"-~c/'~'~ Name of Architect ~drT'¢~/L .~Lt"~ ~.ff Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet ora 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 ora tidal wetland? * YES ~ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 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 ) ~_} / [ /,'~l,,'.. ?/, L"~ I/"c~[~p~ beingdulyswom, deposesandsaysthat(s,heistheapplicant (Name of individual sisming contract) above named, (S)He is the 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 coptained in this application are ~ tO the best of his knowledge and belief; aad that the work will be performed in the manner set forth in the application filed therewith. Sworn to~befor~ me this~ a yof. _ 20 ~~NMATER Nota~ Public, State of New York No. 01 VA5077320 Qualified in Suffolk Cou~l, ~mm~ssion Expires May 5. ~ ~ ~'~ ' '~ignatme of Applicant ~on-.s-~-~-~. 1TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET v,,, ~,:_ '"'/~'2''E ~ + , ~, .-.'(,./ DlSt' SUB. LOT S - W // ~ ' ' ~PEOF~UILDIN~ "2. ,~,.w. ~ 'Qo~c,.~,~s. "~l~ 500 ,~,oo~,~ aa ,;/&!~o e.- :~ / ~ ;,~ . ~ AGE BUtLDINO CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per V~lue Tillable FRONTAGE ON WATER Wo~land FRONTAGE ON ROAD Meo~owlo~d DEPTH Ho Plot BULKH~D ~ ~ /. Total OWNER STREET /ILLAGE E ' Fd~ER OWN[~' , DISTRICT SUB. ACREAGE · LOT RES. LAND t' /,/f,~ AGE NEW Til~le Til~e' 2 Tillable, 3 Woodland S~vampland Brushland :H o~se Plot Toro I S SEAS. VE. IMP. TOTAL NORMAL Acre FARM DATE BUILDING CONDITIOix BELow Value Per Acre ABOVE Value W · HE OF BUILDING COMM: / lIND.'1 Valu~ REMARKS ~ ' 4~ 4 ~ ' ' ' ' ' ~ON~A~ ON W~E. ,~. ~ ~, /~/~ BULKHEAD DOCK ray /zT£ / Found~ion Basement Ext. Walls Fire Place Pool Patio Drivewa? //o Bath Floors Interior Finish ?/~/,/~ / ~, ,; Heat q.A. Attic Rooms 1st Floor Rooms 2nd Floor ¸Lq . hA. Bldg. //Z~' X~,~ Z ~.~'~)/~.! ' Foundation ~ Beth Extension /0 ~ ~'". ~ Ext. Walls D~,Interi°r Finish Extension ,~ ~ ~ ~' ~ ~ ~ Place ' Heat , ~ . ~ Porch ~ t~ ~ooms 1st Floor ]reezeway , ~ ( ~ Rooms 2nd Floor 3arage ~ ~ ~ ~riv~way Dormer M. Bldg. Exter~lon Extension Extension COLOR TRIM Both Ext. Walls Fire Place <: Interior Finish Heat Room Dormer Rooms Ist Floor Rooms 2nd Floor Driveway COLOR TRIM Bldg. M. Bldg. Extension Extension ff. 'COLOR M. Bldg. Extension Extension Porch COLOR TRIM FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall $outhold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-26653 Date~ 08/27/99 THIS CERTIFIES that the building ACCESSORIES Location of Property~ 300 OLD MAIN RD SOUTHOLD (HOUSE NO.) {STREET) (HAMLET) County Tax Map No. 473889 Section ~6 Block 6 Lot 6.1 Subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 30~ 1996 pursuant to which Building Permit No. 23522-Z dated ~NB 18¢ 1996 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 INGROUND SWIMMING pOOL WITH TERRACE, DECKS AND CABANA AS APPLIED FOR. The certificate is issued to PORT OF EGYPT ENTERPRISES INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL . N/A ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N 423670 06/24/97 06/02/98 K & K PLUMBING & HEATING Rev. 1/81 FORM'NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No...L t 101~.& ....... Date ............ dU~-Y..1[ 9 ............. 19 .~}~ THIS CERTIFIES that the building ................................................ Location of Property .. 62.1.60 .................... [~a J.r~. ~q~d ................ '-)99.t..1!9.TM Hou~ No ~reet Ham/et County T~ ~ap No. ]000 ~ctmn . .Q~6 ....... ~tock . .rig ........... Lot .... ~1~ ......... ~ubd[vJsJon..het~J;.. ~ g~R~. CP.,. ~ ~P.q ~ .... FtI~ Map No..5 35 .... Lot No.. ~m9 ........ conforms substanti~ly to the Application for Budding Pe~it heretofore filed in ~is office dated .... gpr',i.[ . 9 ........ 19 .a~Ppursuant to w~ch B~lding Pe~it No.. 39fk~9. ~ ............ dated .... t~ pvi2. ,23 .............. 19 .~, was issued, and conforms to a~ of the requirements of thc applicable provisions of the law, Th~ occupancy for w~ch t~s ce~ificate is issu~ is .. ~ ..... ~ certificate ~s issued to ........ t~.Et~gl¥~q. ~2E~ ................................. of the aforesatd butld[ttg, Suffolk County D~partment of Health Approval .. 5 v 3.~ ~ ~. 6J.~ / ~ ?. ~,. g 9~.~ ~. ~....~ ~ ~.~ ~. ~...E. ~DE[W~ITE~S CERTIFICATE ~O ...... ~..~ ~ ~.~ .................................. Building Inspector TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN GLERK'S OFFtCE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS ~ERTIFIES that the building located at ~/.B..~I,~...~tl...~G~ ........................... Street Mop No~..e..~..~...~..o..~..e..l~31ock No ....................... Lot No. ~ ......... ~Dl~,Y,~to,~.t...[~V*. ............... conforms substantially to the Application for Building Permit heretofore filed in this office dated .................................. ~al~ ......... 3 ............. 19~[... pursuant to which Building Permit No. Z..~2-~]. dated .......................... ~'B,~.....~ ............ , ]9~,..., wes issued, and conforms to all of the requirements of the epplicable provisions of the I~w. The occupancy for which this certificate is issued is .......... .... ~[~es.s,.:b~.~l~r~....~-...ba,t,t;...~aek[e.&..-ae~;e:~..eh~l~"'.'e.t,e ................................... This certificate is issued to ,~L~.O~'.~..,O,~,,,,~-~,.,-~...~gl?--&..~[~.~-~,,~'~-~ ............ o~,n~,~J~ [owner, lessee or tenant) of the .aforesaid building. , FO~M'NO. 2 TOWN, OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 1293 Z Date .................... ~l~lla.~'-... · ~ ............. 19...6.1. Permission is hereby granted to: Wm & .~....Lelhle.in. ................................................... ........... ~o~.{t;bot4 ................................................. to .Build.. an.. addi~ion..on..an...e~i~t ~g...Bu~.i.ne.e ~...b~t-l~i~g .................................. at premises located at ....(~w-i.s..ho~e~.) ............ i~/l~'"'~Ja-:~n'-'Ro'ad ............................................ ........................................................... ,~ouC. h~Z. el,~.....N-~.~'., .................................................................. pursuant to application dated ......................... ~tt~l' ....... b~ ............. 19...6.~, end approved by the Building Inspector Fee $...~.OO ............ · ' Building Inspector~ ~'x ELIZABETH A. NEVILLE, RMC, CMC 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 August 26, 2009 Zoning Appeal No, 6333 Transmitted herewith is Zoning Appeals No. 6333 of William H Lieblein~ Port of E~,vot Enterprise- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Letter from Garrett A. Strang, R.A. Describing Proposed Construction Dated August 20, 2009, Affidavit from Garret A. Strang, Authorization Letter fi'om William Lieblien to Garrett A. Strang to represent him in this Matter, Copy of Building Application Dated July 21, 2009 (Both Sides Page 2), Notice of Disapproval from Building Department Dated July 27, 2009, 3 Pages of Property Record Cards, Copy of Survey showing where Photos were taken and 3 Pages of Photos, 2 Pages of Site Plans Showing Existing & Proposed Construction Dated July 21, 2009 Prepared by Sepenoski-Stoltze Design, Survey of Property Showing Property as it Exists Dated September 24, 2003. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/26/09 * * * RECEIPT * * * Receipt~: 58286 Transaction(s): 1 1 Application Fees Reference Subtotal 6333 $600.00 Check#: 35798 Total Paid: $600.00 Name: Port, Of Egypt 62300 Main Road Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6333 Garrett A. Strang Architect December 11, 2009 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (6~!) 765-5490 Re: Proposed Additions to Premises, 62300 Main Road, Southol, g[~ Port of Egypt Enterprises, SCTM #1000-56-6-6.1 Appeal~,~6~33 ~ Dear Mr. Geohringer and Members of the Board: After reflecting on the discussions which took place at the public heating in the above referenced matter last week, I wish to clarify some points prior to the Board's deliberations. It was agreed at the hearing by Mr. Lieblein, the Owner of the property, that the southerly (waterside) deck would remain open without a roof at this time. However, I wish to call to the Board's attention that our application and accompanying drawings do call for a new roof addition on the northeasterly corner (parking lot side) of the wrap around deck. In addition, there is a proposed reconfiguration of the Main Road side roof line from the existing double gable barge look to a taller, single gable, more conv~entional looking roof line which is meant to conceal the existing roof mounted mechanical equipment. Both of these items are critical to the design and intended use of the restaurant and I wanted to make certain they were included in the final resolution. I have attached a copy of an artist's preliminary conceptual rendering for your reference in the above which I hope you will find helpful in clarifying the intent and extent of our application. Thank you for your consideration in this matter and best regards for the Holidays. Very truly yours, Garrett a. Strang, Architect Encs. CC: Port of Egypt Enterprises ~cation: Town Annex/First Floor, Capital One 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 SOLITHOLI) Tel. (631) 765-1809 Fax (631) 765.9064 September 2, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6333 (LIEBLEIN, Port of Egypt) Dear Mr. Terry: We have received an application for additions and alterations in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required undor the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. .... ': Very ~ly yours, Encls. Office Location: Town Annex/First Floor, Capital One 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 September 2, 2009 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: ZBA File #6333 : Owner/Applicant: Lieblein, Port of Egypt Action Requested: Setbacks Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other inforrr{~tion is needed, please do not hesitate to call us. Thank you. Very truly yours, EnOs. Gerard P. Goehringer ZBA Chairman Town Annex/Fu:st Floor, Nod. h Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:ffsoutholdtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: · Date: TOTAL NO. OF PAGES 'INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordhxg) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMEHTS: Please find attached copy/copies of the following: Thank you. SendePslnifia~: 1~ Office Location: Town Annex/First Floor, Capital One 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) 765-906~ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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~ DECEMBER 3, 2009: 10:10 A.M. PORT OF EGYPT ENTERPRISES BY WILLIAM LIEBLEIN #6]13~. Request for Variances from Code Sections 280-56 and 280-116, based on an application for a building permit and the Building Inspector's July 27, 2009 Notice of Disapproval concerning addition/alterations proposed to a (restaurant) building, which new construction is proposed: (1) at less than the code-required minimum of 75 feet from a bulkhead adjacent to Southold Bay, and (2) at less than the code-required minimum of 35 feet from the front yard lot line, at 62300 Route 25, Southold; CTM 56-6-6.1. Zone District: Marine M-II. 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 emaih Linda. Kowalski@Town.Southold.ny.us. Dated: November 6, 2009. 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 ZONING BOARD OF APPF"ALS~ .,bL¢ ~,~3 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.northfork.net November 4, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, December 3, 2009 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 November 16th: 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 mailinq 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 during the hearing, providing the returned letter to us as soon as possible; AND not later than November 17th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 November 23st: 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 or mail your Affidavit of Posting for receipt by our office before December 1, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. O_~_ffic e 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 AddresA: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAOES INCLUDING COVER= SENDER'S TELEPHONE NUMBER= 765-1809 (press 1 at voice recording) REFERENCF~== [] URGENT [] FOR YOUI~. UPI)ATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS= Please find attached copy/copies of file followit~g: Thank you. Sender's Initials: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK NOV 1 3 200 BOARD OF APPEALS In the Matter of the Application of PORT OF EGYPY ENTERPRISES (WILLIAM LIEBLEIN) SCTM PARCEL #1000-56-6-6.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, GARRETT A. STRANG, residing at 1230 Traveler Street, Southold, New York, being duly sworn, deposes and says that: On the/~: day of November, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice, in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold 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. Signature Sworn to before me this t'~ Day of November 2009 (Notary Public) Barbara A. Str~ng NOTARY PUBLIC, New Yofl< No. 4730095 Qualified - Suffolk Coj~nty - Comm. Expires July , _ Re: Port of Egypt Enterprises SCTM # 1000-56-6-6.1 Budds Pond Realty, Inc. 62300 Rt 25 Southold, NY 11971 1000-56-4-13.2 William H and Kae A Lieblein 141 Central Avenue Greenport, NY 11944 1000-56-4-11 Bert A. Collison Glendinning Family Trust 7047 Pea Neck Road St. Michael's, MD 216333 1000-56-6-13 Walter J. Illigasch 635 Warren Street Baldwin, NY 11510 1000-56-6-7 1000-56-6-11.1 NOV 1 3 2009 80'~l/~O OF 4pp~4LS Please note the following parcels are owned by the applicant, Port of Egypt Enterprises 1000-56-6-4 1000-56-4-10.1 Postage Return Rece pt Fee Restdct~ De vew F~ ~F~&~i'~7 .......................... ~A'~[~;~r~;z-'-'; ................................................................ m m Return Receipt Fe (Endorsement Require( Restricted Delivery Fe (Endorsement Requgec ~ $1.~ 09'/1 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $1.22 S2.80 $2.30 $ $6.32 owl · Complete items 1, 2, and 3. Also camplete item 4 if Restricted Delivery Is desired. · Print your ne:me and address on the reverse so that we can return the card to you. · Attach this card to the back of the mellpiece, or on the fi'ant if space permits. X [] Addressee B. ~caived by(Pdnted/~at~e) Ic. D~{te of I~allvery D. IsdailveryeddressdRfemntfromitern'l'} Jr-lye~ - ~ 7009 0820 0001 7818 5383 PS Form 381 1, February 2004 Domestic Return Receipt ~-'~Z ~-~) ~ ~- ~./.~"~102595-02-M-154~ · 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. 1. Artlch~ Addmseed to: 2. t~lcleNu 7009 0820 (Transfer f PS Form 3811, February 2004 B]'~.~ertlfled Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Dailv~ty? (Extra Fee) [] Yes 0001 7818 5390 Domestic Return Recaipt · Comp{ete 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 rnailpieca, or on the front if space permits. 1. Article Addressed to: A. Signature [] Addmseee B. R~calved by ( P,qofed Name) C..-,z. --Dat~'°f D~tivel7 D. Is dallve~7 add'Ss different ~ item 1 ?~nr,_I Yes If YES, enter delivery address below: [] No ice Type [~Certifled Mall [] Express Mall [] Registered [] Return Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Restricted Dalive~/? (Extra Fee) r"l Yes 2. 7009 0820 0001 7818 5376 PS Form 3811, February 2004 Domestic Return Receipt /~OZ "'~ ~J)~- ~-~'¥~?' lO2Ses-0~-~ls40 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- ~-~ . ~ _ COUNTY oF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the Z?,e~ day of A/c.x~,~g~ ,~x,? , I personally plaeed the Town's official Poster, with the date of hearing and nature of my applicat/on noted thereon, securely upon my 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 t' , I hereby confirm that the Poster has remained in place f~qor seven days prior to th/at date of ne subject hearing date, wh/eh hearing date was shown to be ~ ~/~ 5, 3~c~_~ ~ Sworn to before me this ~c~0 day of/v~ ,200:? (Notary Publfc) ~ (Signature) Barbara ^. Strang NOTARY PUBLIC, New York No. 4730095 Qualified - Suffolk County Corem. Expires July 31, .'2D/o ear the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME LIEBLEIN, William #6333 MAP # 56-6-6.1 VARIANCE SETBACKS REQUEST ADDITION/ALTERATIONS DATE: THURS, DEC. 3, 2009 10:10 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #9546 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) NOV 2 0 Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 12th day of November, 2009. ./ Principal Clerk Sworn to before me this day of 2009. CHRISTINA VOLINSKI N©TA~¥ PUBLiC-STATE OF NEW YORK ,,'4 o. 01-VO6105050 - dtolk County LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning),Town 9f Southold, the following public hear- rags will bc held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O, Box 1179, Southuid, New York I1971~959, on THURSDAY, DE- CEMBER 3, 2009: 9-30 AM. JOSEPH LOGAN and KELLEy WALKER g633L Location of Property: 1110 Orchard Street, Ori- ent, int containing 16,464 square feet. Requested are Variances from Code Sections 280-15C and 280-124, based on an apphcation for a building permit to construct: (a) additions to the dwell- in~, (b). a new accessory garage, and (c) swimming poo~,and the Building Inspec- tor's July 30, 2009 Notice of Disapproval which states the new construction is not permitted for the following reasons: 1) Additions to the accessory garage result in a size that exceeds the code- limitation of 660 square feet, and 2) Additiom and alterations are pre- posed in excess of the 20% code limita- tion for all construction areas. 9-.40 A.M. JOYCE ORR[GO $6332~ location of Property: 66425 C.R. 48 a/k/a North Road), Greenport. Tiffs is a request for a Waiver under Code Ar- ticle II, Sections 280-12 (as amended) to unmerge land identified as SCTM #1000-40-2-12, based on the Building Inspector's August 4, 2009 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the noncon- forming lots merged until a total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R~0 Residential Zone District). This land merged with the ad acent property to the west dentifed as SC'TM #B~0- 40-2-11. 9-35 A.M. JOHN and I~NDA SCO- PAZ ~6329. Location of Property: 6300 Indian Neck Lane adjacent to Litrle Neck Bay (a/k/a Hog Neck Bay), Pecon- ie; CTM 86-7-2.1. Requests for Variances from Code Sections 280-14 and 280-116, based on an application for a building permit for an addition and alterations to a dwelling and the Building Inspec- toffs July 22, 2009 Notice of Disapproval permitted because the setbacks are pro- posed at: (a) less than the code-required mini- mum of 75 feet from a bulkhead, (b) less than the code-required n~ni- mum of 20 feet on a single side yard, (c) less than the code-required mini- mum of 45 feet for combined side yards, (d) less than the code-required mini- mum of 75 feet from the rear property line. 10:10 AM. PORT OF EGYPT EN- TERPRISES BY WILLLS~M LIEB. LEIN ~. Request for Variances from Code Sections 280-56 and 280-116, based on an application for a building permit and the Building Inspector's July ?, 2009 Notice of Disapproval concern- mg addition/alterations proposed to a (restaurant) building, which new con- stractinn is proposed: (1) at less than the code-required minimum of 75 feet from a bulkhead adjacent tO Seuthold BEy, and (2) at less than the code-required mini- mum of 35 feet from the front yard lot hne, at 62300 Route 25, Seuthold; CTM 56-6-6.1. Zone District: Marine M-II. the new construction is not permitted at less than the code-required minimum rear yard setback of 35 feet, at 700 Brown Street (and along 7th Street), Greenport; Ca~xyover Hearings, continued from prior meetings and pending additional information: 1:10 P.M.P. BETANCOURT ~6294. 1'.30 P.M. 1~ and D. SOKOL #6318. 1'.50 P.M. WILLIAM PENNEY (TIDy CAR) # 6319 and #6226. The Board of Appeals will hear all persons, or their representatives, desiro lng to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start carter than designated above. Files are available for review during regular busMes~ hours nod 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 e-mail: Lind~Kowalski@Town. Southold.ny. us. Dated: November 6, 2009. ZONING BOARD OF APPEALS . GERARD p. GOEHRINGER, .~,375 Mai~/Road (Orate Lo,aBort) 53095 Main Road (Malli.a~JSPS) 9546-1T 11/12 the mm~. mm Immmml ~mmlJm. m~ m .I.m m Appellsn~ .................... oI the Zo~xing Ordinance. and the decision of the Building InSpec%or ( ) be reversed ( } be (would FORM ZB4 ACTION OF THE _~0~ING BOARD OF APPEALS Appeal No. 3086 Application 9ated February t0, 1983 TO: Mr. George A. Cottral Port of Eq~t Enterprises, Inc. Main Road Southold, NY 1~971 (Public Hearing held 3/23/83) [Appellant.(s)] At a Meeting of the zoning Board of Appeals held on May 19, 1983 the above appeal was considered, and the action indicated below was =aken on your [ ] Request for Variance Due to Lack of Access to Property NeW York TownLaw, Section 28~-a [ ] Request for Special Exception %mder the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance ~rticle VIII , Section 100-80A [ ] Request for The public hearing on this application was held on March 23, 1983. Upgn application for PORT OF EGYPT ENTEF~P~ISES, INC., 62500 Main Road, Southold, NY (by George A. Cottral) for a Variance to the Zoning Ordinance, Article VIII, Section ~00-80A for permission to construct addition wit~ an ±nsuffici~nt frontyard setback and to use proposed addition for retail sales in this "C-Light Industrial" Zone. Location of Proper=y: _ 625~0 Main Road, Southold, NY; County Tax Map Parcel ~D No. 1000~056-06-006. The board made the following findings and determination: This ~s an appeal for a use variance on pr~nises located on the south side of Route 25 in the Hamlet of Arshamomaque located in the "C-Light Industrial" District. The premises is shown on the Suffolk County Tax Map as District 1000, Section 056, Block 06, Lot 006, and comprises approximately 4.2 acres, a portion of which c~nsists of a dredged boat basin. It is ~roposed to a~d a 4~' by fO, addition to an existing structure on the premises, which existing structure and!the proposed addition thereto, is set back 20 feet from New York Rou~e 25 and/or Old Main Road. A portion of the structure is presently used and occupied as a gift shop. The appellant proposes to usela portion ~f such suruccure and the ~r~uosed addition for a retail fish market. The gift shop has a sales area of 276 square feet together with a storage area of 556 square feet. The proposed fish market will have a sales area of 400 square feet and a storage area of 8~0 square feet. Retail sales uses are not permitted uses in ~he "C" Lnd~$trial Zone. The entire premises presently has the following uses thereon: A dredged boat basin; a marina; a large ~etal building ~sed and occupied for boat storage purposes as well as'heat and marine ~ales; a large restaurant~ a fishing equil~ment sales facility and the above- mentioned gift shop. It m~st be stated that no variance has been granted for the gift shop ~se. It also should be noted that the proposed extension of the structure to house the fish market will eliminate several parking spaces. (CONTINUED ON PAGE TWO) DATED: May 25, 1983. CHAIRMAN, SOUTHOLD TOWNZ_~Q~ING BOARD Form ZB4 (rev. 12/81) / ~-/ ~.-/ -~ Page 2 - Appeal 086 Matter of PORT OF EGYPT ENTERPRISE~ INC. Decision Rendered May 19, 1983 Since this Ks a use variance, before ~his board may gran~ the same, it m~st be demonstrated ~hat: (1) the land in q~estion canno~ yield a reasonable return if used only fo~ the put-pose of the zone in ~hicb it is located; {2) that the plight of the owner is due to unique circ~stances and not ~o the general conditions of the neighbor- hood which may reflect the unreasomablenes~ of ~ zon£ng ordinance itself: a~d (3} that the use to be authorized to b~ used for the variance will not alter the essential character of the neighborhood. In order for the appellant to sustain his burden to prove the lack of reasonable return, he must demonstrate this lack of reasonable return b~ dollars ~d cents proof. ~o ~ch proof has been presented in this case and, accordingly, the board must deny the use variance applied for. Now, therefore, on motion b~ Mr. Goekringer, seconded hyMr. Do~glass, i~ was RESOLVED, that Appeal NO. 3086, application for PORT OF EGYPT ENTERPRISES, /NC. for permission to conduct retail sales in this "C-Light Industrial" Zone, BE AND HEReBy IS DE~IED. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. Members Doyen and Grigonis were absent. Thl s resolution was unanimously adopted. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLO. L.I., N.Y: I1~71 TELEPHONE (516) 765-180g ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 348] Application Oated March 12, 1986 (Public Hearing 4/3/86) -TO: Port of Egypt Enterprise~, /nc. , .... [appel!an+(s)] Main Road Southold, NY 11971 Peconic Asso¢{ates as Agent, Box 672, Greenport, NY llg44 At a Meeting of the Zoning Board of Appeals held on F~ ~ z 9E~ 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 IX] Request for Special Exception under the Zoning Ordinance Article ¥III , Section .~IG0-GO(B) [ ] Request for Variance to the Zoning Ordinance Article , Section "- [ ] Request for X Application of PORT OF EGYPT ENTERPRISES for a!Special Exception to the Zoning Ordinance., Article VIIIi Section lO0-80(B) for permission to install/relocate marine fuel storage tanks iQ this ~C-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. . ¥ WHEREAS, a public hearing was held and concluded on April 3, 1986 in the Matter of the Appliqation of PORT OB EGYPT ENTERPRISES, INC. under Application No. 3481; and WHEREAS, the board members have personally viewed and are familiar with~he premises in question, its pre~ent zoning, and the surrounding areas; and WHEREAS, at said hearing all those who'~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-tight" 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 )000, Section 56, Block 6, Lots 4, 6 {presently owned by Port of Egypt Enterprises). 2. The subject premis~es consists of a total area of 10.5_+ acres (including land under water) with 600_+ feet frontage (let 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 Play 29, 1985, prepared by Roderick VanTuyl, P.e. (CONTINUED ON PAGES TWO AND THREE) DATED: June 5, 1986. Form ZB4 (rev. 12/81) CHAZRMAN, $OUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appl. No. 3481 Matter of PORT OF EGYPT (Special Decision Rendered Hay 28, lg86 Exception) 3. By this application, applicant reques~6~a Special Excep- tion to permit the installation and location of ~J~-~mw 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 er less, from the edge of the shoreline as depicted by the May 2g, 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 District~"a~U 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'simultaneously herewith action was taken by this Board under Appeal NO. 3~g4 conditionally approving a Variance of Article XI, Section lOQ-119.2(B) of the Zoning Code for an insufficient setback of the subject structure to be located nat closer than 65 fee~ from the waters edge along the shoreline of Budd's Pond. 7- Et is the opinion of the board members that for the best protection of the public (customers, employees, e~c.) using the subject premises for docking, boating, haul~ng, e~e., 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 th~ 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): {al the ~use of same will not prevent the orderly and reasonable use of adjacent properties or of p~p~rties in adjacent use districts; (bi the use will not ad- versely affect the safety, welfare, comfort, c~nvenience or order of the town; (c) the use is in harmony with and will promote the general purposes and intent of ~oning. The board has also considered subsections Iai through [1] of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordingly, on motion by Mr. Goehringer, ~econded 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 viem dated 10-31-85, prepared by Peconic Associates, Inc., in the Matter of the Application of PORT DF 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;. Rage 3 - Appl. No, 348t Matter of PORT OF EGYPT (Special Exception} Decision R~-n'dered May 28, 1986 2. County ~ealth 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 Southnld Town Planning Board i~p accor(ance 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 GERARD P. GOEI(R'INGER? C~IRMAN June 5, 1986 Southold Town Board of Appeals Appeal No. 3506 Application ~ated ~ay ~, ]986 ~: M~. Rrmando O. Capp~ [Appellant(si] Main Road Southold, NY 11971 At a Meeting of the Zoning Boar~ of Appeals held on June 25, 1986, the aJoove appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Aocess to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance kr ticle , Section [X]Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2(B) [ ] Request for Applicatien of KR~A~O J. CAPP~tPORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article X1, Section 1DO-l'lg.2~B) for permissiDn 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. 100D-56-6-2; Lewis Homes Co., Inc., Piled Map #535, Lots ]-g inclusive ....... DATED: June 25, 1986. For~ ZB4 (rev. 12/81) WHEREAS, a public hearing was held and concluded on ~ay 22, 1986 in the Matter of the Application of ARMANDO J. CAPPA/PORT O~F EGYPT ENTERPRISES; 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 ~esired to bel heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; an~ WHEREAS, the board made the following findings of fact: 1. The premises in question is located in the "C-Liight" Industrial Zoning District along the south side of the Mai~ Ro~d {SLate Road 25), in the Hamlet of Southold, and i~ identifiled 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 o{ a total area of 10.5± acres (including land under water) with 600± feet .frontage ii]st width]. Premises.adjoining this property on the wAsterly sdde is presently owned by C & L Reel~y, inc. which was not made!a part hereof. Existing are numerous buildings, all as shown; on site plan mapped April lg, 1985, amended May 2g, 1985, prepared by Roderick VanTuy), P.C. {see other pending applications ~f Port of Egypt under Appeals No. 3524 and 3525, and 3494 an~ 3495). (CONTINUED ON PAGE TWO) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No.i Matter of ARMANDO J! Decision Rendered ZS, 1986 3. By this application, appellant requests permission to construct an "H"-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 tho 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 lO' 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 tida] water body~ or net 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 thl~ 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: {al the variance will be the minimum necessary; (hi the circumstances are un~que; (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; (el the relief as granted is not substantial; {fl the circumstances are not shared by other properties generally existing in the neighborhood; {gl 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 7g' 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 AR)~FA)]~-O~J. CAPPA, Appeal No. 35U6, SUBJECT TO THE FOLLOWING CONDITIONS: I. That the eight-foot by 68-foot (6' by 68') open deck sectioq be deleted, limitin9 this variance to permit the 8' by 79' and 10' by 14' sections; 2. That the proposed deck area and seafood-storage tanks not be iocated eny further than 22 feet from the south (r~ar) of the existing restaurant building. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawlcki. (Member Doyen was absent.) This resolution was duly adopted, GERARD P. GOEHRINGER, Em~IRMAN lApp Southold Town Board o eals MAIN ROAO- S~TATE: ROAO 2c, c:rlUTNrlLD, L.h, N.Y. 11g71 TELEPHONE ~516) 7~18~ ACTION OP ~ ZOMII%IG BOARD OF APPEALS Appeal No. 3524 Appltaation Dated June 10, 1986 TO: Port of Egypt Enterprises, Inc. [Appellant(s)] Main Road Southold, NY ]1971 Peconic Associates as Agent, Box 672, Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on July 3l~ 1986, the above appeal was consi~ed, and the action indioated.below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York ~ Law, Section 280-a [ ] ~quest for Special Exception under the Zoning Ordinance Article , Section [×]Request for Variance to the Zoning Ordinance Article XI , Section 100-119.~(D) [ ] R~q~est for Application of PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article XI, Section lO0-Tlg. Z for permission to locate marine fuel storage tank structures in this "C-Light" indus- trial Zoning District w~th an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel Re. 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~che 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 lO00, Section 56, Block 6, Lots 4, 6 (record owner: Port of Egypt Enterprises). 2. The subject premises consists of a total area of lO.§± 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, 1 986. CHAIPaV~N, SOUTHOLD TOWN ZONING BOARD Form ZB4 {rev. 1Z/B1) Page 2 - Appeal No. 3524 Matter of PORT OF EGYPT ENTERPRISES Decision Rendered July 31, ig86 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 100-119.2(B) of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long !$1and~Seund 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 (7S) 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) regulatlens and lidal Wetlands Land Use ~eguletions, 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 pro~ection 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: {al 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; (el the relief as granted is not substantial; (fl the circumstances are not shared by other properties generally existing in the neighborhood; (gl 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 Sawicki, it was RESOLVED, that a Variance for permission to locate fuel storage tanks within containment w~lls as shown by building plan view dated 1g-31-85, prepa?ed 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]:ONDITIONALLY AND SPECIFICALLY NOTE~ 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 Depar'tment regulations, N.Y.S. Department of Environmental Conservation regulations, etc. 2. Concrete flash wall on waterside must be the same height as tanks, or higher; on other three sides, minimum of four feet high; as well as 8-foot chaimliek, slatted fence affixed into top of walls; 3. Tap 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 ~orner of tank and pump; {b} 77 feet from southeast corner of existing one-story motel building et closest point; (c) 35 feet from southeast corner of loading ramp sump ne closer than 25 feet to rip-rap; 5. Proper diking and cement walls containment to retain any leakege of fuels; 6. 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, Douglass, Doyen and Sawicki. (Member Grigonis was absent.) This resolu- tion was duly adopted. lk - ~/GERARD P. GOERRINGER/CHAIRMAN August~8'~ 1986 Joseph H. Sawickl ~lamcs Din~ Ir. Telephone (5t6) 765-1~9 BOARD OF APPEALS TO~CN OF gOWrROLD Telq~o~ (516} 765-1800 ACTION OF '£Rg BOARD OF APPEALS Matter of the Application of the PORT OF EGlrPT ~qTERPRISR8, INC. for a Variance to the ~oning ordinance, Article XII, Section 100-121C- 122, Article XXII (Section 100-239D as dlsappr0~ed by the Building Inspector) for permission to construct boat storage building with insufficient setbacks and e~cessive lot coverage i~ this Marine II (M-II) Zoning District. Property location: Main Road, $outhold, NY: County Tax Map District 10000 Section 056; Block 04, 06, LOt 10~10 WF~REAS, public hearings were held on Septembe~ 21, 1989, December 19, 1989, February 1, 1990, and March129, 1990; and ~RF2%S, at said hearings all those who desired to be heard were heard and their testimony recorded= and WHEREAS, the Board has carefully consider~ all testimony and documentation submitted concerning this appllca~ion; and W~EREAS, the Board Members have personally[viewed and are familiar with the premises in question, its present and previous zoning classifications, and the surNounding ar~s: and _ WHEREAS, the Board made the following Findings of Fact: Page 2 - Appeal NO. 3770 M~tter of PORT OF EGYPT ENTERPRISES, INC. Decision Rendered May 1. 1998 1. By this application, applican~ is requesting variances to the zoning code as tO area setbacks for the oonatruction of a boat-storage building for the inside storage o~ 'boats, of ~. ,. ~a,v (presently) stored at the pre~i~'.ses out-of-doors and (presently) w~thout approprzate screenLng 9r set~scks due to the existing nature ~ ~.~di~ & uses of th~ premises under consideration. 2. The premls'es in question is located o~ ,the south side of the Main Road (State Route 25) in the Hamlet ~ Town o~ Southold, contains a total site area of ~.96 acres (216,{~0 sq. ft.), and is more particularly identified on the Suffolk Co~cty Tax Maps as District ~000, Section 056, Bl~=k 4, Lots 10.1~ ill, 13.2, and Section 056, Block 6, Lots 3.2, 3.3, 4, 6.1. 3. The subject premises is located in th9 ~-II Marine Zone District and is and has since prior to the e~aut~ent Of the zoning ordinance in 1957 beenused for outside boat sto~age, as well as marinas uses, retail and wholesale uses, engin~nd boat repairs, servicing, maintenance, sales to the general pu~ic, office use, restaurant use, fishing, and other marina and ~i~hing station-type uses. and 'many accessory uses relative thereto. 4. The Variances necessary in this proje~ and requested by the applicant are as follows: . (a) insufficient sideyard setback f~ the proposed building at the easterly yard area at a minim=m! ~f 15 feet, and (b) insufficient southerly setback f~m the proposed building to the inside of the bulkhead along th~lwatersedge~ at a minimu~ of 3S ~eet (40 £eet, more oz less, to th~ outer edge of the existing bulkhead). 5. The sections of tbs zoning ~)de applic~le are as follows under the current zoning code and master plan ~ndments as adopted% (a) sideyard variance - Article XII,i ~ecti~n 100-122 and Bulk S~hedule; ~ [ (b) setback from bulkhead - Article ~II, Section Page 3 - Appeal NO.~0 ){~tter o~ PORT OF EG~T ~TERPRISES, 1-~C. Decision Rendered May 1 , 1990 6. ~e building as proEm)sod herein is shown on the ,prolm~rty and building plan lastly dated April 11, 1990, and shows: (a) the building to b~ of a size 203 feet by I25 feet; (b) the setbacks of the pro~x~sed building to be 15 feet from the easterly property line at its closes~ ~oint; 38 feet (~ the bulkhead e~isti~ to the eou~ (alo~ the~ter~ eage)~ mini~ of 35 feet to the front pro~rty line at its c%oseet ~int in accord- ance with the required setback of the c~e; ana!approximately~m, 59 feet to the westerly line along th~ basin (c) the existing metal building, sheds,__ restaurant building, docks, hula-heads, concrete slabs, r~ps, office and shop structure, and four existing buildings which are to ~e removed. as well as the proposed parking plan for all um~s at the site. 7. For the record it is noted that: (a) the subject premises has b~en determinations by the Board of Appeals under: (1) App1. No. 3086 rendered Mai to construct addition with an ~nsufficient fro! {2} Appl. No. 3481-SE and 3494 conditionally approving replacement of fuel st( insufficient setbacks; (3) Appl. Ns. 3525 rendered Ju)~ 31, 1986 for Special Exception a~preval concerning location~f fuel tanks. · (b) this project is also ~nder consideration by the Southold To~ Planning Board for site plan approval under ~ticle ~ Of the Zoning Code, and as Of this date, i~ still ~ndi~g. subjeut of prior [9, 1983 - Denial ~ard and fo? reteil ~ndered May 28, 1986 age tanks with (c) under the N.¥.S. EnviroDmental ~ality ~view Act (SEQP~%), this action for area setbacks has bee~deeJued to be exempt as a ~pe II Action for coordination; howe~ar, i~uch exempticu% dce s not prohibit or restrict any other dep~rtment ~ agency to further evaluate or declare any other status under SEQ'. Page 4 - Appeal No. 3770 ~Latter of PORT OF EG~ EN~RISES, INC. Decision Rendered May 1 1990 7. (d) subsequent to the filin~ of t, his apl~liuation, applicant has amended the application to eliminate the necessity for a variance as to excessive lot coverage ~ndas to reduced front yard setback. The percentage Of lot coverage for all buildings, existing and proposed. is shown to be 29.91% (64,615 sq. ft.), and the maximum permitted under th~ zoning code in this zone district is 30~. (e) all other areas of the bulk schedule will be, upon informa- tion and belief, in compliance with the soningr~ode, including the height of i the proposed building, that being th~ '.vertical distance measured from the average elevation of the existing grade adjacent to the building ~efore any alteration or ftll~ to the mean height between save (s) and ridge for roof types other than fl~t or mansard (or to the highest point of the roof for a flat ~or mansard roof). (See HEIGHT in Section 100-13 Definitions, and I~ulk schedule height limitation at 35 feet in this M-TI zone di~tri~). 8. ~n considering the variances requested, the Board finds: (a) the amount of relief requested ~ to the side yard is substantial at 10 feet; however the buildingsI now existing along the easterly yard area substantially nonconforming es to setbacks will be removed, and the placement of the subj~c~t building will be at a greater setback than as exists; (b) the unique characteristics of t~e|land and its present conforming uses (such as outside boat ~rage and related outside activities) lend to the hinderance of ~ter maneuverability of boats, better accessibility,' minimizing overall congestion, better interior circulation, better parking andl ~raffic accessways, and general good order and safety; (c) there xs no alternative available for appellant to pursue other than a variance; (d) the practical difficlties are uniquely related to the Page 5 - Appeal No. 3770 Matter of P(~T OF EGI~T ENTERPRISES, I~C. Decision Rendered Way I , 1990 land and are not personal to the applicant: (e) the relief, as granted and further -noted below, will not in turn be adverse to the safelty, health, welfare, comfort, (f) the relief, as granted and further noted below, will mid in minimizing overall congestion, help to ~pro~ interior circulation and aid to its general good order ~d safety of the public: (g) there will be no substantial adverse Ichange in the character of this matins district; (h) strict application of the ordinance W%ll, if the variance is denied, cause continued congestion land poor on-site circulation, and will hinder improvement to acc~ssways for vehicles and pedestrians (without proper zoning restrictions and controls)~ (h) the varmance will not in t~ra cause a ~ubstantial effect of ir~reased density or be adverse to the safet~, health, welfare, comfort, convenience or order of the town; (i) the existing nonconformities of the ~x~sting buildings within the easterly yard areas will be nlfmina~e~; (j) in view of the manner in which the d~f~iculty arose and in considering all of the above factors, the i~t~rests of justice will be served by granting the variances, as f~r~her noted below. NOW, therefore, on motion by Mr. Dinizic, ~conded by Mr. Sawicki, it was g-eage--~6u 'Appeal NO. 3770 Matter .9.~ PORT (~ ~"~PT E~TERPRISES, INC. ~~naered May 1~ 1990 R~, tO G~ ~e .relief requested ~or a se~a~ ~rom t~ easterly ~i~eyar~ at 15 feet and for a se~ck fr~ the existing bu~head at its closest ~nt.at 38 ~t, as a~plied under Ag~al NO. 3770 in ~e ~tter of the Ap~cation of ~T 0F ~T ~RISES, ~C., S~ ~ T~ FOX,G: 1. That the building be used as applied for boat storage only; 2. That the size of the proposed ~uildi~q, be not larger than as applied (203' by 125'); 3. That the lot coverage not exceed thirty (30~) peruent, for all buildings for the entire marina-restaurant site, excluding concrete slabs ak 6" or less from ground level!; 4. That the parking plan included all pro~rties owned jointly and/or separately to provide for addit~gnal parking {speciflcally the parc~ Located along the nort~ side of the Main Road in which the applicant has an interest as well as those parcels described, supra}. 5. That it is recommended that the build neutral to the aquatic surroundings so as to b surroundings.) 6. That the setbacks not he reduced to 1 the easterly side property line and not lass bulkhmad (to the south} at its closest points Xg be of a color ~nd in(with the natural 3s than 15 feet mt ~an 38 feet to the any time. 7. All roof r~/%off be retained in Leaching basins. Vote of the Board: Ayes: Messrs. Goehri~ger, Dinizio, Grigonis and Sawicki. Absent was: MeaNder Doyen of Pis~rs Island. .This reeolutionw~s duly adopted by u~animous vote~ all members present. RECEIVED AND FILED BY. TI~ SOUTHOLD TOWN ~ DAT~ ~10~%'_ ,1% HOUR c)'.~} p~ Town CI~mk, To~rn of 8outhold Southold Town Board of Appeals -22- May 28, 1986 Special Meeting PENDING DECISION: Appeal No. 3494: Application of PORT ~OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article XI, Se~}on 100~]19.2-for permission to locate marine fuel storage ta~k structures i~.this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wet- land and from ordinary highwater mark, at q230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-3.2,'3.3, 4, 6, 6.1. Following deliberations, the'board took the following action: 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 present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony rec°rded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board m~de 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 Ha~.le~ of Southold, and is identified on the Suffolk County Tax Maps ks District 1DO0, Section 56, Block 6, Lots 4, 6 {presently owned by Port of Egyp~ Enterprises). 2. The subject premises consists of a total area of lO.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. ~hieh ~as not made a part hereof. Existing are numerous buildings, all as shown on the site plan mapped April 19, 198§, amended May 29, 198_5, prepared by Roderick VanTuyl, PoC. 3. By this application, appellant requests permission to locate two new fuel storage tanks within containment walls with an overall outside dimension of 24'10" by 16'6", more or less, Southold Town Board of Appeals -23~May 2B, 1986 Special Meeting (Appeal No. 3494 - PORT OF EGYPT, Variance decision, continued:) wi~h a setback of four feet, more or less, from the edge of the wettands,~ as depicted by the May 29, 1985 survey submitted with this appliCation. .. 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 seven'ty-five (7§) 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, employees, 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 locating the tanks as requested will not be environmentally feasible. In considering this appeal, 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 theedge of the shoreline {waters edge): {al 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; {el the relief as granted is not substantial, being 14% of a variance from the requirements; {f} the circumstances are not shared by otherprop.er.~ies generally existing in the neighborhood; {gl 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. 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 ne.t .~loser than 65 feet to the waters edge along shore line, BE AND HEREBY IS APPROVED Southo)d Town Board of Appeals -24~ May ZB, 1986.Special Meeting (Appeal No. 3494 , PORT OF EGYPT ENTERPRISES, Variance decision, continued:) SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the structure in question be located not closer than 65 feet from the. waters edge along shorelfine;za~d 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 adopted. PENDING DECISION: Application No. 3481: Application of PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning O~dinance', Article VII1, Section lO0-80(.B) for permission to install/relocate marine fuel storage tanks in this "C-Light" Indus- trial Zoning District, at 623D Main Road, Southold, NY; County Tax Map Parcel No. I000-56-6-3.2, 3.3, 4, 6, 6.1. Following deliberations, the board took the following action: 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 present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony reCorded and transcribed; an'd WHEREAS, the board has Carefully considered all testimony and documentation submitted concerning this application; and Southold. Town Board of Appeals -40- July 31, 1986 Special Meeting PENDING DECISION: Appeal No. 3525: Applicat)on of PORT OF EGYPT ~NT£RPRISES 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.]. Following deliberations, the board took the following action: 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 pre~ent 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 i.n the "C-Light!' Industrial Zoning District along the south side of the Maim Road (State Road 25), in the Hamlet of Seuthold, and is identified on the Suffolk County Tax Maps as District lO00, 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 et width]. Premises adjoining this property on the westerly ~de 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, 198'5, prepared by.'Roderick VanTuyl, P.C. 3. By this applicQtio~, appellant requests a Special Excep- tion to. permit the installation and_relocation of three new fuel storage tank's within containment walls with an overall Outside dimension of 24'10" by 16'6", more o? less, as.shown on diagram (A-l) dated October 31, 1985 prepared by Peconic Associates, with tO $outhold Town Board of Appeals -41- July 31, 19B~mlspecial Meeting (Port of Egypt, Appeal No. 3525-SE, decision, continued:) 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 consider(rig 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: (al the use of same will not prevent the orderly and reasonable use of adjacent propeties or o.f properties in adjacent use districts; (bi 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 aMd'intent of zoning. The Board has also considered subsections Iai through Ill of Article XII, Section lO0-121{C}[2] of the Zoning Code. Acco. rdingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was · ' 5outhold Town Boa pp~als-42- July 3), 1986~ecial Meeting (Port of Egypt, Appeal No. 3§25-SE, decision, continued:) 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 1D-31-85, prepared by Pec'onic Associates, Inc., in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under Applica.tion No. 3525, BE AND ~EREB¥' IS APPROVED. AS CONDITIONALLY AND SPECIFICALLY NOTED BELOW~ 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 febt 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 on fencing identifying danger'and requiring "no smoking" as per National Fire Protection Agency standards. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and SawiCki. {Member Grigonis was absent.) This resolu- tion was duly adopted. ,,,,/ MWN$ NEW LOCATION FOR PROPAIN NEW FENCE TO HOUSE EXISTING r-- CO VERS STOCKADE ~/~X--X~ FENCE TO BE REMOVED l ._~,>N, E W T(~E ~ xK i sTTiONPG Wc%ANPc.AR OUN O- os- s. PLANTER CONCRETE 8,9' ~, 56.5' EXTG. FR. RES TA URA N T 4.125,2 SQ. FT. FIN, FLOOR EL. 9.1' 65.2' -0,5 10.9 PROPOSED RAM~: -- CONC. ESTG, WOOD RET, WALL- FLOA TING DOCK 15,0 679' EXTO. CONCRETE WALK WA ~ CONCRETE BULKHEAD °55'00"W '2.00' ] [ [ ]~ -- EDGE OF'"O~ PROPOSED R AIS['~ OUTDOOR DECK 16' OFF EXISTING BLD. --NEW ROOF LINE WOOD RET. WALL TO BE REMOVED --PROPOSED RAMP 1:20 ' EXSTG, WL DECK PROPOSED OUTDOOR DECK AT \ GRADE EXSTG. WOOD RE% WALL TO REMAIN RAMP Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 29, 2009 Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971 Re: ZBA # 6333 - William Lieblein Dear Mr. Strung: Transmitted for your records is a copy of the Board's December 22, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Very t~A~ours] Vicki Toth Encl. / ~/~/~-/~, / OF SUFFOLK Red Property Tax Service Agency CER~7FIED TO: SUFFOLK COUNTY NATIONAL BANK TIGOR TITLE GUARANTEE COMPANY 78. g2' 1000'"9° N89' 4-0.99' OLD MAIN N87'38'50"E 56.06''6'1 00~' ROAD .¥ SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-56-06-4, & 6.1 SCALE: 1'=40' AUGUST 6, 2003 AUGUST 28, 200.:7 ( RIGHT OF WA Y) SEPTEMBER 24, 2005 1000-56-06-04 AREA=68, J81 SO. FT. TO TIE LINES 1000-56-06-6.1 AREA:237,789 SQ. FT. TO TIE LINES FLOOD ZONE AE (EL. FIRM 5610Z'C0159 G Z.~. LIC. NO. 49618 sURVEyORS, P.C. (6J1) 765-5020 FAX (651) 765-1797 P, O. BOX 909 1250 TRAVELER STREET SOUTHOLD, N.Y. 11971 06- 126