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HomeMy WebLinkAbout3117~OA'c6ns~u6t~ldgl for marina& b'rokerage~6~fiCe, ,use in this"e-L±~ht ~dustrial~ DSstrict. i Southold Town Board of Appeals MAIN RDAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3117 Application Dated April ]4, ]983 TO: Stanley S. Corwin, P.C. as for KATHRINE FARR 634 First Street Greenport, NY 11944 Attorney [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 29, ]984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [×] Request for Special Exception under the Zoning Ordinance Article VIII , Section $ ]00-80(8)[9][]4] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Upon application for KATHRINE FARR by Stanley S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VII I~ Sections lO0-80(B) and 100-81 for permission to eoQst~f~b,l~l~[j~~ina and brokerage office use in this "C-~'~<f~k~~~t, at llO0 Manhanset Avenue, Greenport, NY; Co6nt~ T%x Map Parcel No. 1000-034-05-021. WHEREAS, on October 18, 1984, under Index #84-15561, Hon. Joseph R. Corso, Justice, Supreme Court, Special Term, of Suffolk County, has ordered that the subject special exception be reissued without conditions 5, 6, 8 and 12, and WHEREAS, the remainder of this board's decision rendered June 28, 1984 shall remain in full force and effect pursuant thereto; NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE-ISSUED, WITHOUT CONDITIONS 5, 6, 8 and 12, as ordered,, and re-numbered as follows: 1. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guard rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for ingress and egress within the "curb cut" remain open]; 3. No fencing along the front property line, except chainlink for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guard rail for proper visibility if screening is desired]; (CONTINUED ON PAGE TWO) DATED: December 3, 1984. Fo~ ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3117 Matter of KATHRINE FARR November 29, 1984 Amendments 5. (7.) Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 6. (9.) Existing stockade fencing alon~ south line shall be continuously maintained; 7. (10.) No launching ramp shall be built or permitted; 8. (ll.) Building approved herein shall conform to all set- backs in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C., attached hereto for reference; Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-05-21. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. This resolution was adopted by of all the members. Doyen, Grigonis, unanimous vote lk //_GERAR? P._QOF~qRINGEEP~ CH CHAIRMAN December 3, 1984NG~/ i ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATEI~]~]¢9 HOUR ~; ' ~7,q .~4 Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. '119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3117 Application Dated Apr4] ]4, ]983 TO: Stanley S. Corwin, P.C. as attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 (Planning Board action 3/30/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 3~ ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception udder the ~oning Ordinance Article VIII , Sections ]00-80(B)[9][]4] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Upon application for KATHRINE FARR by S. S. Corwin, Esq., First Street, Greenport, NY for a Spe'cial Exception to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permis- sion to construct building for marina and brokerage office use in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. The board made the following findings and determination: This is an application for a Special Exception to the Zoning Ordinance under Article VIII, Section 100-80(B)[9][12], which provides for marinas for the docking and mooring of boats and retail sales of boats and marine items. Applicant is requesting a "yacht brokerage" and marina/marina-office use, and outside storage is not being sought. Applicant states that the yacht brokerage business involves "inside" office activities for the boat sales, frequently by telephone. This use is proposed within the two-story principal building, as shown on the filed site plan, of 16' by 20' in size and a three-foot covered walk-up on the north side, as more particularly described and approved in the area variance granted by this board on June 28, 1984 in Appeal No. 3118. The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3,780 sq. ft. with 132.76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young, revised May 23, 1983. This parcel is identified on the Suffolk County Tax Map as District 1000, Section 034, Block 05, Lot 021, and was conveyed to the applicant on December 11, 1981 at Liber 9152 page 392. The premises is vacant land. It is noted for the record that on March 30, 1984, action was taken with conditions by the Southold Town Planning Board concerning this property and subject to receiving a site plan in final form, showing: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals; (b) Suitable parking for five cars with minimum length and DATED: July 13, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS (CONTINUED ON PAGE TWO) Page 2 Appeal No. 3117 Matter for KATHRINE FARR (Special Decision Rendered July 3, 1984 Exception) width requirements the area as may be Appeals; as required approved by by the Southold Town Zoning Code in the Southold Town Zoning Board of (c) Proposed fencing along Manhanset Avenue and the adjoin- ing property to the south; (d) Proposed ingress and egress to the property from Man- hanset Avenue within 40 feet of the southeast corner of the premises. The Planning Board has also required be prepared in recordable form prior site plan which would include Items March 30, 1984 action. that Covenants and Restrictions to their granting of the final (a) through (k) of that board's It is noted, however, that the conditions imposed by this board may be more stringent in order to provide for better visibil- ity, safe and proper manueverability, unobstructed boat accessibility, convenience, parking, et cetera. The members of this board are familiar with the property in question as well as the surrounding properties. All testimony received at the public hearing held May 17, 1984 by this board has been taken into consideration. Opposition concerning this application has not been submitted for the record since the filing of this application. It is also noted for the record that the premises in question was the subject of a prior appeal, No. 3118, for area variances of the principal building, and a decision has been rendered by this board June 28, 1984, filed with the Town Clerk July 12, 1984. In considering this application, the board has determined: (1) that this use of the land in question is in the board's opinion within the definition of the uses listed under Article VIII, Section lO0-80(B); (2) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; (4) that the use will be in harmony with and promote the general purposes and intent of zoning. In passing upon this application, the board has also considered items (a) through (1) of Article XII, Section 100-121(C)[2] of the Zoning Code. Accordiogly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application for KATHRINE FARR for a Special Exception for a marina and yacht-brokerage sales office, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guide rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for egress and ingress within the "curb cut" remain open]; 3. No fencing along the front property line, except chain- link for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; 5. No boats to be moored parallel to existing moored boats (no stacking); 6. Additional docking and mooring facilities will require Page 3 Appeal No. 3117 Matter for KATHRINE FARR (Special Decision Rendered July 3, 1984 Exception) an application to the ZBA and consideration therefore; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 8. Proposed second-story deck at west end of building shall be reduced (from 4'6" and 10') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be continuously maintained; 10. No launching ramp shall be built or permitted; ll. Building location as approved under Appeal No. 3117 shall conform to the setbacks mentioned in the letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C. (or as stipulated by conditions/actions taken concerning this project, whichever is more restrictive); 12. No storage of boats other than inside building or moored in the water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. July 13, 1984 2ECEIVED AND FILED BY THE SOUTHOLD TOWN CI~LK Town Clerk, Town of Sout!r~61d Southold Town Board of Appeals -2- July 26, 1984 Regular Meeting INFORMAL DISCUSSION: Stanley Corwin, Esq. in the matters Appeals No. 3117 (Special Exception) and No. 3118 (Variance). Decisions Rendered June 28, 1984 by the Southold Town Board of Appeals. of STANLEY CORWIN, ESQ.: I realize I'm on rather limited time this evening, and I guess it's going to be my obligation to talk fast. I had hoped that we might do it a little differently and with a little more time, but I often find myself with.the time that we have. One of J%he reasons Iiwanted to talk back and forth across the table was because I felt that I needed some clarifications with respect to at least one of the condi- tions. And that is the one and it's ayed where you say that you want to reduce the second-story deck from ten feet to five feet on one end and from 4'6" to 3'6" on the other. I didn't know whether by doing that you were saying to me you wanted the end of the deck parallel with the dock, where it is indicated on the plan, and move the building further away from the road or whether or simply wanted to limit the size of the decking. MR. CHAIRMAN GOEHRINGER: Limit the size of the decking. MR. CORWIN: All right. In that case then, gentlemen, what I would like you please to reconsider are objections 5, 6, 8 and 12. .Objection 5 has to do with a prohibition against stacking. I think that the board's imposition of that condition is arbitrary if not,'capricious. And the reason I say that is because my neighbor on the left has constantly got boats stacked and the people on the right, we have private property in single family residential, have the same situation there. And there's that road in the letter that I indicated to you through Linda, I said at the very time that I was writing it was, and I photo- graphs to prove it that it constantly goes on, and I do not think that you are giving us an equal protection. When you say that I can't do it. If you were to say that everybody on that little strip of water has got to leave so much channel and that you can only go out so far, fine. But you're telling me I can't even stack two little canoes along the side of each other. And that's not right. Now, Item 6 has to do with no additional dock or mooring-- I don't know whether you're aware of it or not. We have an applica- tion to continue the bulkheading to the very connection between '~Southold Town Boar~m~of Appeals -3- July (Informal Discussion by S. Corwin Re: K. Farr:) 1984 Regular Meeting MR. CORWIN (continued): the property and the road, it's been approved by the Corps of Engineers, the Department of Environmental Conservation, and the Town; and we certainly don't feel that we should come back to you know to do that when that's been approved. The bulkhead- lng has been approved and the floating dock along side of it has already been approved, and I would like t~ consider that in the light of that fact. Now, with respect to the decking, if you say you make it smaller, they're unhappy about that. We think that there's a safety factor there. Going up those outside steps, a covered walkway, the front of the building is going to be the entrance, to the office part of the building is going to be in the back, nobody is going to see this platform. For safety reasons to get furniture and equipment in and out. We don't want to be confined to th 2'6" around the corner of the building's face, and we think that we should be permitted to take it all the way out to the end of the bulkhead and leave it the way that the original plan indicates it. Now finally, 12, is the inside storage business. We went to court with the Planning Board over that. They said, ok, and we compromised, and they said up to 16' you can store outside. We're not talking about storage of big bpats there. 40' sail boats and things like that. We're talking about storing small stuff. Some people don't want to take them out. We don't want to leave them on a floating dock where they're going to be in somebody's way for aid of safety conditions. We think we ought to be able to haul them out and just lay them on the ground when somebody's away for one tripr-something like that from time to time. I hope that you will give this thing reconsideration, 5, 6, 8 and 12. I would hope that somebody would be persuaded to suggest that those conditions be withdrawn. With respect to the rest of the application, I thank you for the consideration that you gave. Please take it from there. MR. CHAIRMAN: Thank you, Mr. Corwin. We'll be in touch some time. MR. CORWIN: The board's decision has already been filed with the Town Clerk, and I'm wondering about the 30-day statute, and I think that's up on the 12th, and I don't want to wait until the last minute. You take a week. You gave me five minutes. I'll give you five days plus two. MR. CHAIRMAN: We can't do that, sir. I'm not going to be here next week. (It would be soon thereafter.) Southo!d Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI July 13, 1984 Stanley S. Corwin, P.C. 634 First Street Greenport, NY 11944 Re: Appeal No. 3117 Special Exception Kathrine Farr Dear Mr. Corwin: Attached herewith is a copy of the recent findings and determination of the board which has been filed this date with the Town Clerk. Yours very truly, Enclosure Copy of Decision to Building Department Planning Board Suffolk County Planning GERARD P. GOEHRINGER Commission RICHARD F. 1ARK ATTOP, NEY AT LAW MAIN ROAD - p. O. BOX 973 March 20, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT= Diane M. Schultze, Secretary RE: Kathrine Farr - Site Plan Dear Miss Schultze= In connection with the above-captioned matter, I am en- closing a proposed amended resolution for the Planning Board to consider at its next meeting. If the resolution is acceptable, kindly present same to the Planning Board for its consideration, and if adopted, forward a copy to the Zoning Board of Appeals. It is my understanding the Zoning Board of Appeals is now pro- ceeding on the special exception and variance applications. Very truly yours, RFL:bc ~cc: Stanley Corwin, Esq. Richard F. Lark WHEREAS, following the Town of Southold Planning Board's December 5, 1983, resolution conditionally granting a proposed site plan for Kathrine Fart for premises located on the west side of Manhanset Avenue, Greenport, New York, further conferences were held between the applicant's attorney, the Board's attorney and the Chairman and members of the Hoard in an effort to seek clarification of the Board's intent and more precise definition, and WHEREAS, proposed amendments to the prior resolution were heretofore advanced and considered, NOW, THEREFORE,'BE IT RESOLVED, that the aforesaid resolu- tion of December 5, 1983, is amended so that the resolving paragraph reads as follows: RESOLVED, the proposed site plan for Kathrine Farr for pre- mises located on the West side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: 1. The applicant, Kathrine Fart, obtaining from the Southold Town Zoning Board of Appeals a special exception pur- suant to §100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. .2. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a variance for insufficient front and rear setbacks in order to construct an office building on the premises. 3. After receipt of both the required special exception and variance from the Southold Town Zoning Board of Appeals, the applicant will submit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for five (5) cars with minimum length and width requirements as required by the Southold Town Zoning Code in the area as ~y be approved by the Southold Town Zoning Board of Appeals. (c) Proposed fencing along Manhanset Avenue and the adjoining property to the south. (d) Proposed ingress and Manhanset Avenue within 40 feet of premises. egress to the property from the southeast corner of the 4. In addition, the applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following Covenants and any of those that may be imposed by the Zoning Board of Appeals: (a) No storage of fuel on the premises for retail sale. (b) No hauling of boats greater than 14 feet in length from the premises. (c) No outside storage on the premises of boats greater than 14 feet in length. (d) No storage of boats outside of chartered boats or boats owned by the applicant. (e) No repair of boats on the premises except boats owned or chartered by the applicant. (f) The docking of boats on the premises shall be parallel to the existing bulkhead. (g) Ingress and egress to the property from Manhanset Avenue will be limited to within 40 feet of the southeast corner of the premises. (h) No retail sales on the premises, except boats. (i) No stormwater runoff resulting from the construc- tion of the office building and parking area shall be discharged on to Manhanset Avenue. (j) Compliance with Suffolk County Department of Health services requirements and standards for an office building. (k) One (1) year site plan review by the Planning Board, and it is further RESOLVED that the Secretary of the Planning Board file a copy of this amended resolution with the Southold Town Zoning Board of Appeals. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK KATHRINE FARR, -against SOUTHOLD TOWN BOARD Petitioner, OF APPEALS, Respondent. Index No. 84- NOTICE OF PETITION PLEASE TAKE NOTICE that upon the annexed ~etition of Kathrine Farr, verified the //P? d~y of August, 1984, the undersigned will move this Court at a Special Term, Part I thereof to be held at the County Courthouse, Riverhead, New York, on the 31st day of August, 1984 at 9:30 o'clock in the forenoon or as soon thereafter as counsel can be heard for a judgment granting the relief demanded in the petition. PLEASE TAKE FURTHER NOTICE that respondent's return, answer and supporting affidavits, if any, shall be served days before such date. 7 , 1984 at least five Dated: August STANLEY S. CORWIN, P.C. Attorney for Petitioner Office and P.O. Address 634 First Street, P.O. Box Greenport, New York 11944 (516) 477-0031 C SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ...................... X KATHRINE FARR, Petitioner, - against SOUTHOLD TOWN BOARD OF APPEALS, Respondent. TO THE SUPREME COURT OF THE STATE OF NEW YORK The petition of Kathrine Fart Index No. 84- PETITION respectfully shows to the Court: 1. Petitioner is a resident of the Towh of Southold', Suffolk County, New York, and the owner of a parcel of vacant property on the east side of Manhanset Avenue at Greenport in said town. 2. 'The use of said land under the zoning law of the town and a variance from the application thereof is the subject of this proceeding. 3. Attached hereto as Exhibit A is a survey of petitioner's property. [The exhibit is a xerox reduced copy: therefore the scale is not accurate, although the propostions are.] 4. The respondents Southold Town Board of Appeals is an appointed administrative body within the government of the town of .Southold; the members are Gerard P. Goehringer, chairman, and Charles Grigonis, Jr., Serge Doyen, Jr., Robert' J. Douglass and Joseph H. Sawicki. 5. Chapter 100 of the Code of the Town of Southold is the zoning law of the town, of which the Court is asked to take judicial' notice. [ A · .©opy will be handed up to the Court on the return of the m'~tion. ] 6. The premises of petitioner are in the C Light Industrial District. ?. The only uses permitted in the C Light Industrial District without the approval of two appointive administrative boards of the town are, tp quot~ the statute, "Any permitted uses set forth in;..and as regulated by, the following provisions of this chapter: (a) Subsection At2) and (3) of § 100-30." 8. Such permitted uses are (1) specified "commercial agricultural operations and accessory uses thereto" (with certain provisions and ex- ceptions) including, subject to a number of special requirements (a) "thc raising of field and garden crops, vineyard and orchard farming, the maintenance Of nurseries and the ~easonal sale of products thereof in buildings x x x", (b) "the keeping, breeding, raising a~(~ training of horses, domestic animals and fowl icxcept ducks) on lots of ten (10) acres or more", (c) [b]arns, stor- age buildings, greenhouses (including plastic covered) .-md other related structures x x ~'" and (2) "[b]uildings, structures and uses owned and oper- ated by the Towu of Southold." It is apparent, that petitioners property Is ~0t suited to an), of tile normally permitted uses 'in a C district. 9. However', the statute provides that 16 enumerated uses map be permitted in such a district, viz.: B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (1} Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other pro?essing, handling or sWrage of products or materials, involving the use of only oil, gas or dec- tricity for fuel. {2} Research, design and development laboratories; office buildings. {3} Wholesale storage and warehous/ng. {4} Bu/lding contractors' yards. {5} Public utility structures and uses. {6} Newspaper and printing establishments. {7} Bus and truck terminals {garages, parking facilities, loading docks, etc.). {8} Food processing and packaging plants. {9} Marinas for the docking and mooring of all types of boats?* Il0} Launching facilities. ill) Ferry terminals. {12} Yacht clubs: charter fishing docks. (13) Eating and drinking establishments. (14} Retail sales of boats and marine items. (15) Boat building; boat servicing; boat storage facilities. (16) Yards for sale and sWrage of fuel and building materials. "by special exception by the Beard of Appeals x x x subject to site plan approval by the Planning Board ia accordance ~vith. Article XIII .-~x x x" with the caveat that no i~'.'buhlding or premises shall be used and no building lng or part thereof shall be erected or altered in the C Light Industrial District unless the same conforms with the Bulk and Parking Schedule Incorporated in this chapter by reference with the same force and effect as if such regulations were set forth herein in full." Such schedule follows: BU~K AND PARKING 8C~IEDUI~ ~ulremea~ DwelBng DwelUaI IJgbt Oeuel~d IJl~t Oe~er~l light General 10. Article XII, §100-121 C of Chapter 100 confers on the Board of appeals the following powers C. Special exceptions, special permits ~nd other approvals. Whenever a use or the location thereof is permitted only if the Board of Appefils shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapr~er specifies the permitted use may be located, subject, however, to the following: e (21 Il! Before such approval shall be given, the Board of Appeals shall determine: la) That the use will not prevent the orderly and reasonable use of adjacent properties or of prop- erties in adjacent use districts: {bi That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts; Icl That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location; and Id} That the use will be in harmony with and promote the general purposes and intent of this chapter. In making such determination, the Board of Appeals shall also give consideration, among other things, to: la) The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses; (b) The conservation of property values and the encouragement of the most appropriate uses of land: lc) The effect that the location of the proposed use - may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways: Id) The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent {whether liquid, solid, gaseous or otherwisel that may be caused or created by or as a result of the use; (el Whether the use or the materials incidental thereto or produced thereby may give off ob- noxious gases, odors, smoke or soot: If} Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise; {gl Whether the operation in pursuance of the use will cause undue interference with the orderly e enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies: Ihl The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles in- cidental to the use. and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located: li l Whether a hazard to life. limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use, or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot: Ii} Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population; Ik~ Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof; and III Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. 11. The provisions of the statute having to do with site plan approval by the respondent are set forth in Article ~III, follow- ing: ARTICLE XIII Site Plan Approval § 100-130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board. no building permit shall be issued by the Building Inspector except upon authoriza- tion of and in conformity with the plans approved by the Plann!ng Bnard. § I(10-1:ll. Ohjectives. In considering and acting upon site development plans, the Planning [~oard shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and .may. prescribe appropriate conditions and safeguards as may be required in order that the result of its action may. to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access. That all proposed traffic accessways are adequate but not excessive in number: adequate in width. grade, alignment and visibility: not located too near street comers or other places of public assembly: and other similar safety considerations. B. Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use. and that the interior circulation systsm is adequate to provide, safe accessibility to all required off- street parking lots. C. Landscaping and screening. That all playground, parking and service areas are reasonably screened ag all seasons nf the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is in character with that generally prevailing in the neigh- borhood. Existing trees over eight {8~ inches in diameter measured three (3) feet above the base of the trunk shall be retained to the maximum extent possible. § 100-132. Effect of approval. A. No building permit shall be issued for any structure covered by this Article 6ntil an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and ' presented to the Building Inspector. B. No certificate of occupancy will be issued for any structure or use of land covered by this Article unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan, C. Should any site plan approval involve any matter requiring referral to the Suffolk County Planning Commission, then the matter shall be referred, prior to final action by the Planning Board. to the Suffolk County Planning Com- mission in accordance with the applicable provisions of law. § 100-1:13. procedure. A. Presubmission conference. Prior to the submission of a site developmL'nt plan, the applicant or his agent shall meet with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the Provi?ions and intent of this chapter. B. Within six 16} months following the presubmission con- ference, the site development plan and any related in- formation shall be submitted to the Building Inspector, in triplicate, at least fifteen {15} days prior to the Planning Board meeting at which approval is requested. If not submitted within this six (6} months' period, another presubmission conference may be required. G. The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this Article regarding site develop- ment plan approval. D. The Building Inspector shall retain one ill copy and transmit two (2) copies of the certified site development plan to the Secretary of the Planning Board at least seven {7} days prior to the Planning Board meeting at which approval is requested. · IE.. The Planning Board shall act to approve or disapprove any such site development plan within ninety 190} days after the meeting at which approval is requested. Failure to act within ninety icj01 days shall be deemed approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the ap- plication, the Planning Board may secure the advice or assistance of one I 1 } or snore expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chal~ter. The llssistance of a con- sultant, if sought, must be obtained within ten 1101 days of the receipt of the application. Such consultant shall report within thirty 130} days after receipt of such request as to whether or not the use applied for will be in conformance with the performance sl~ndards and, if not, what modlt'icaL~on m du~.,~ or oDe:ar, mn w~utd !~e n~.~:c.~$arv for ~onformance. A copy of the re~r: of ~ucn con~ulCnnC ~ha~J ~ furni~h~ to ~he Phmnm~ i:oard, ~]uiidh~ h~pc'ctor Amendmeot~ [o a ~ite development plan ahali be acted ~pon in Uae same manner as the approval o[ :he origin~ plan. The Plnm~b~g Ooard may require that slte plan approval be periodically reviewed. 12. Pursuant to the statute petitioner applied on April 14, 1983 ~or a Building Inspector's approval of a proposed use and building; the application was denied. Thereupon petitioner applied to the Zoning Board of Appeals for a~special exception, and for a variance on other grounds. Due notice of the application was given to the adjoining property owners. 13. On April 29, 1983 the chairman of the Zoning Board of Appeals wrote a letter to petitioner: a copy is attached as Exhibit B. 14. Thereupon petitioner filed a proposed site plan with the Planning Board and after revisions were made following an informal conference with the chairman submission conference was held. 15. Subsequently, on July 25, 1983 of that board a pre- the Planning Board adopted a resolution which was communicated to'petitioner's attorney by a letter dated July 26, 1983, a copy of'which is annexed as Exhibit C. 16. The use petitioner sought was yacht rental and marine brokerage. As Exhibit A shows petitioner enjoys over 186 ~eet of waterfront, some 153 of which is substantially bulkheaded. 9. 17. Such use involves mooring sailing yachts to the bulkhead from time to time and the erection on the property of a small office and storage building necessarily elevated to comply with federal floodplain area regulations. 18. Such use is not in any sense a generator of traffic or any other conditions significantly affecting the health, safety, welfare and morals of the people of Southold Town. It ~ould obviously be economically unfeasible to use the property for a permitted use without a special exception, but if such a use were engaged in it would.doubtless haye a far greater adverse effect than the requested use. 19. Believing that under the circumstahces the statute is unconstitutional as to petitioner's property and that the determination of the Planning Board was, among other things, arbitrary and capricious, petitioner brought an Article 78 · proceeding, against the Planning Board. Settlement conferences resulted in the Planning Board's adoption of a resolution, a copy of which is attached as Exhibit D. 20. Thereupon, petitioner renewed her application to respondent for (a) the special exception and (b) variances. 21. On July 21, 1984, starting a thirty-day statute of limitations, respondent filed with the Southold Town Clerk, its determiniation with respect to the variance application and the following day it filed its determination with regard to the special exception. Attached hereto as Exhibit E is the respondent's determination as to the variance; Exhibit F is its determination as to the special exception. !0. 22. In both determinations items 5, 6, 8 and 12 of the conditions are arbitrary and capricious, constitute an abuse of discretion, made in violation of lawful procedure, affected by error in law and are otherwise illegal and unconstitutional. 23. On July 11, 1978 and on the basis of information then available petitioner's attorney wrote to the respondent about the objectionable conditions. A copy of such letter is attached as Exhiblt G. 24. The respondent's response to that letter was to afford petitioner's attorney five minutes to make an oral presentation to the Board on the occasion of its next scheduled public hearings meeting; the opportunity to do so was taken, but the respondent has not reacted ta.ke action is about to expire. WHEREFORE, petitioner demands to modify its variance and special and petitioner's time to judgment directing respondent exception determination by eliminating from the imposed conditions in each case numbers 5, 6, 8 and 12, and for such other, further or different relief as to the Court may seem just and proper. STANLEY S. CORWIN, P.C. Attorney for Petitioner Office and P.O. Address 634 First Street, P.O. Box C Greenport, N.Y. 11944 (516) 477-0031 11. STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: Kathrine Farr, being duly sworn, deposes and says that she is the petitioner in this proceeding, has read the ~oregoing petition and knows the contents thereof, that the same is true to deponent's knowledge except as to the mattters therein stated to be alleged upon information and belief and that as to those matters she believes it to be true. Sworn to bef6~'b4s Notary Public:State of New York .) Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH N. SAWlCKI April 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District Dear Ms. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118, .be held in abeyance pending receipt of the follow- ing: (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let us know when the Planning Board has acted upon your proposals. If you have any questions, please don't hesitate to call. Yours very truly, lk CC: Planning Board Building Department GERARD P. GOEHRINGER CHAIRMAN . ~~wa~ecretary HENRY E. RAYNOR. Jr., Om//m~ BENNETT ORLOWSIO. Jr. GEORGE RITCHIE LATI4AM. Jn WILLIAM ~. MULLEN, Jn P D T D 8outhold. N.Y, 11971 December 9, 1983 ?65- 1938 Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the $outhold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, relative to the Planning Board's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the applicant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Fart, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan on the west side of Manhanset Avenue, subject to the following conditions: for Kathrine Farr for premises located Greenport, New York, is granted The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. Stanley Corwin, Esq. RE: Kathrine Farr - Site Plan -2- Dec~nber 9/1983" The Applicant, Kathrine Farr, obtaining frc~ the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on After receipt of both the required Special Exception and Variance frcm .the Southold Town zoning Board of Appeals, the Applicant will suhnit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning '.Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Proposed fincing along Manhanset Avenue and adjoining property to the south. In addition, tbmApplicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of fuel on the pr~ises. (b) No hauling of boats fran the prenises. (c) 'No outside storage. (d) NO repair of boats outside of chartered boats or boats ~wned by t~eApplicant. (e) No more than five (5) boats shall be docked on the property at any one time. (f) Ingress and egress to the property fr~n Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sales on the pr~nises. S .t~nley .Corwin, Esq. RE: Kathrine FArr - Site Plan · --3-- December9, 1983 (h) No stormwater runoff resulting frc~ the construction of the office building and parking area shall be dis- charged on to Manhanset Avenue. (i) Compliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. Sen the above conditions have been met, the'~rman will endorse approval; two copies will be returned to your office. Very truly yours, (S) Henry E. Raynor, Jr., Chairman Southold Town Planning Board cc: Geranrd Pl. Goehringer, Chairman Southold Town ZoningBoard of Aupeals NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, May 17, 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 32 for permission to construct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000-081-01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118(D) for permission to reinstate nonconforming dwelling use of building in this B-I Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109- 7:45 p.m. Application for JORN WICKHAM. by Wickham, Wickham and Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine use for storage and repair of contractor's own vehicles and equipment, at 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052- 05-058. 7:50 p.m. Application of JOSE V. RODRIGUEZ, Box 113, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70(A) and 100-71, for permission to construct dwelling in this B-1 Business · District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01-001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article V, Section 100-50(C) [ 1] for permission to erect sign with less than four~ foot clearance from ground, at 52800 C.R. 48, Southnid, NY; County Tax Map Parcel No. 0:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct in,round swimmingpool in the mdeyard area, at 315 Brown Street, Greenport, NY; County Tax Map Parcel No. 1000-048.03- 042.3. 8:10 p.m. Application of ROBERT W. GILUSPIE, Ill, Box 1112, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02.07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogun, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with~ an insufficient frontyard setback, at 1515 Youngs Avenue, Southold, NY ("C-1" General Industrial Zone); County Tax Map Parcel NQ. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogun, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section 100-80(B) for permission to construct office and storage building in this "C-I' General Industrial District, at 1515 Youngs Avenue, Snathold, NY; County Tax Map Parcel No. 1000.60-1- 6. 8:35 p.m. Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cutcbegun, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchoguo, NY; County Tax Map Parcel No. 1000-11007-018. 8:48 p.m. Appli6ation for KATHRINE FABR by S.S. Corwtn, Esq., ~34 First Street, Greenport, NY for a Varionea to the Zoning Ordinance, Article VIII, Sections 100- 80(B) and 100-gl, for ~ermission to construct nilding for marina office in this "C-Light Industrial*' District, at 1100 Manhanset County Tax Map Parcel No. 1~-05-021. -' 8:55 p.m. Application for' KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections 100-80(B) and 100-81 for permission to construct building for marina and brokerage office use in this "C-Light Industrial" District, at 1100 Manhauset Avenue, Greenport, NY; County Tax Map Parcel' No, 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05- 021. -- 9:0o p.m. Application KEVIN AND LESLEY MILOWSKI, Box 134, C~tchogun, NY for a-Variance to New York Town Law, Article 16, Section 280A, for approval of access over a prorate right-of-way at the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. 1000-113-7-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haefeli, fEsq., Box 757, Riverhead, NY or a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an interpretation that the existing cottage and ~arage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in He sideyard; (c) approval of a reduction of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Premises located at Edgemere Park, MacDonald's Path off Peconi¢ Bay Boulevard, Laurel County Tax Map No. 1000-145- 4-014. Persons having an interest in any of the above matters may appear and be heard at ,the time and place specified above. For additional information, please contact our office, 765-1809 (or 765- 1802). Dated: May4, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TM10-4564 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, 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 one weeks successively, commencing on the 10th dayof Nay' 19 84 Principal Clerk Sworn to before me this 10 th dayof May 1984 Acticle VIlI, Sections 10~0(!~ and 100-81, for permisalon to construct building for marina office in this "C-l-i~ht Indus- trinl'~ District, at IlO0 Man- hansel Avenue, Greenport, NY; County Tax Map Parcel No. I000-034-05-021. Groenport, NY for- a F~ception to the Zodin80rdin- I ~ mace, Article VIII, Sections I ~ i00-80(B) mad 100,81 for per- ] I mission to construct building ] J for marina and h,,r,o, kerase [ II office use in this C,Lightl. · ,lndnstt~l" District, ut 1100] Manhanset Avenue, Green*~ port, NY; County Tax Map i Parcel No. 1100 ManhansetI Avenue, GreenP°rt, NY; ~ County Tax Map Parcel No.l 9:00 p.m. Application of KEVIN AND LESLEY MI, LOWSKI~ Box i34, Cut- chogue, ~ for a Variance to New York Town Law, Article 16, Section 280A, for apprOval of access over u private right-of-way ut the west side of Cox lqeck Road, Mattituck, NY; (now or formerly W. Chudink); County Tax .Map Parcel No. i000-il3-?-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R.T. Haofeli, Esq., Box 757, Riverhoxd, NY for a Variance to the Zoninli Ordinance, Article m, section 100-31, for: (a) an interpre- tation that the existinli cottage mad garage are valid pre- existing, nonconforminli uses and structures; (b) approval of a wooden deck as ma accessory ~!: structure in the sideyard; (d) approval of a rnductiou of liv- ~ able floor area of a prOposed dw~liinli conversion to 500 sq. )q~ ft. and approval of insuf- ~u ficient sideyards, premises located ut F_,dgemero Park, ~ MacDonald's Path off Peconic Bay Bouloxvard, Laurel; COun- ~ ty Tax Map No. 1000-145-4- : 014. ' per~ons have an interest in any of the above matters may · o appear mad bo heard at the time mad place specified above. For additional infornm- ! tiOn, please contact our office, 765.1809 (or 765-1802). L Dated: May 4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER. !'1 CHAIRMAN "~ IT-5/10/84(17) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRaVELER-WATCHMAN, a public newspaper printed at Southolcl, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for / ........................................ weeks successively, commencing on the .............. ./..~..:. ............ day Swom to before me this ............. ./..~..: ......... day of ............... .................. , Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS Apri 1 5, 1984 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E .Q .R.A. SERGE OOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICK[ Notice of Determination of Non-Significance APPEAL NO.: 3117 PROJECT ND/~E: KATHRINE FARR This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the envirorunent for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application ~ending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to use premises for marina and brokerage in this C-Light Industrial Zone. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: West Side of Manhanset Avenue, Greenp0rt, NY; ]000-34-5-2]. REASON(S) SUPPORTING THIS DETEP~INATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) A new and extended bulkhead appears to have been built since certain permits issued by the N.Y.S.D.E.C., the U.S. Army Corps of Engineers, and the Town Board have been authorized. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. 8outhold, N.Y. 11971 (516) 766-1938 March 13, 1984 Zonining Board of Appeals Gerard Goehringer, Chairman Town Hall Southold, NY 11971 Attn: Linda Kowalski Dear Linda: This letter is to inform you that the Planning Board is in agreement with Mr. Stanley Corwin and Mr. Richard Lark regarding the resolution for the site plan of Kathrine Farr located at Greenport. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN nt nnanl WHEREAS, the Planning Board acted with respect to the application of Kathrine Farr on December 5, 1983, Specifying conditions upon which a site plan would be approved, and WHEREAS. a meeting was thereafter held attended by the chairman of the Board , the Board's attorney, Richard F Lark, and Mrs. Farr's attorney , Stanley S Corwin, for the purpose of resolving remaining differences and WHEREAS, the Board has duly deliberated upon the report of the chairman and the recommendation of its attorney, NOW, THEREFORE, BE IT RESOLVED that the Board's resolution of December 5, 1983 be and it hereby is amended, as follows: 1. Condition item 3(b) is amended, to read: Suitable parking for five (5) cars ( with the statutory minimum width and length requirements sad such area as may be approved by the Board of Appeals). 2. Condition item 3(c) is deleted. 3. Condition item 3 (d) is re-lettered 3(c). Covenant item 4(a) is amended to read: No storage of fuel e on the premises for retail sale. 5. Covenant item 4(b) is amended to read: No hauling of boats greater than 14 feet in length from the premises. 6. Covenant item 4(c) is amended to read: No outside storage of boats greater than 14 feet in length. 7. Covenant item 4(e) is deleted. 8. Covenant item 4(f) is re-lettered 4(e) and amended to read: Ingress and egress to the proper~,y from Manhanset Avenue ~vill be limited to within 40 feet of the ~outheast corner of the property. 9. Covenant item 4(g) is re-lettered 4(f) and amended to read: No retail sales on the premises, except boats. 10. Covenant item 4(h) is re-lettered 4(g). 11. Covenant item 4(i) is re-lettered 4(h) and amended to read: Compliance with SuffoLk County Department of Health Services require- ments and standards for an office building. 12. Covenant item 4(j) is re-lettered 4(i). 11971 WILl. lAM I:. MIILhI~N, J[. December 9, 1983 TEI.EPllONE 76,5 * 19,28 Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, relative to the Planning Board's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the applicant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Gree~port, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. Stanley Corwin, Esq. RE: Kathrine Farr - Site Plan -2- December 9, 1983 The Applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the premises. After receipt of both the required Special Exception and Variance from the Southold Town Zoning Board of Appeals, the Applicant will sub- mit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Proposed fencing along Manhanset Avenue and adjoining property to the south. In addition, the Applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of" fuel on the premises. (b) No hauling of boats from the premises. (c) No outside storage. (d) No repair of boats outside of chartered boats or boats owned by the Applicant. (e) No more than five (5) boats shall be docked on the property at any one time. (f) Ingress and egress to the property from Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sale~ on the premises. S~an~y Corwin, Esq. RE: Kathrine Farr - Site Plan -3- ~ember 9, 1983 (h) No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. (i) Compliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. When the above conditions have been met, the Chairman will endorse approval; two copies will be returned to your office. Very truly yours, CC: HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals