Loading...
HomeMy WebLinkAbout3494 Appeal No. Application TO: Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS 3494 'Dated April 17, 1986 (Public Hearing May l, 1986) Port of Egypt Enterprises, Inc. [Appellant(s)] Main Road Southold, NY 11971 Peconic Associates as Agent, Box 672, Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on May 28~ 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-ll9.2(B) [ ] Request for Application of PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate marine fuel storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wet- land and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. WHEREAS, in the Matter of under Appeal No. a public hearing was held and concluded on May l, 1986, the Application of PORT OF EGYPT ENTERPRISES, INC. 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 recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located in the "C-Light" Industrial Zoning District along the south side of the Main Road (State Road 25), in the Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 6, Lots 4, 6 (presently owned by Port of Egypt Enterprises). 2. The subject premises consists of a total area of 10.5± acres (including land under water) with 600± feet frontage (lot width). Premises adjoining this property on the westerly side is presently owned by C & L Realty, Inc. which was not made a part hereof. (CONTINUED ON PAGES TWO AND THREE) DATED: June 5, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appeal No. 3494 Matter of PORT OF EGYPT ENTERPRISES Decision Rendered May 28, 1986 (Variance) Existing are numerous buildings, all as shown on the site plan mapped April 19, 1985, amended May 29, 1985, prepared by Roderick VanTuyl, P.C. 3. By this application, appellant requests permission to locate two new fuel storage tanks within containment walls with an overall outside dimension of 24'10" by 16'6", more or less, with a setback of four feet, more or less, from the edge of the wetlands, 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 seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. 5. It is the opinion of the board members that for the best protection of the public (customers, 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 the edge of the shoreline (waters edge): (a) the variance will be the minimum necessary; (b) the circumstances are unique; (c) the practical difficulties are sufficient to warrant a granting of this variance; (d) there will be no substantial change in the character of the district; (e) the relief as granted is not substantial, being 14% of a variance from the requirements; (f) the circumstances are not shared by other property generally existing in the neighborhood; (g) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance, as conditionally 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 not closer than 65 feet to the waters edge along shore line, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the structure in question be located not closer than 65 feet from the waters edge along shoreline; and Page 3 - Appeal No. 3494 Matter of PORT OF EGYPT ENTERPRISES Decision Rendered May 28, 1986 (Variance) 2. County Health Department approval; 3. Proper diking and cement walls, containment, to retain any leakage of fuels; 4. Proper fencing six-feet in height around structure for security reasons; 5. Signs to be placed on fencing identifying danger and requiring "no smoking", as per National Fire Protection Agency standards. Vote of the Board: Doyen, Douglass and Sawicki. lk Ayes: Messrs. Goehringer, Grigonis, This resolution was duly adopted. C~'A I RMAN GERARD P. GOEHRINGER, June 5, 1986 i ECEIVED AND FILED BY THE SOUTH©LD TOWN Cr.F,~K DATE ~/~//H~ HOUR 5z.'~7~ ~ Town Clef, k, Town of Southold Town of Southold Board of Appeals DEPARTMENT OF PLANNING (516) 360-5513 LEE S. KOPPELMAN Ju~e 18, 1986 Applicant: Mun. File No.: S.C.P.D. File No.: Port of Egypt Enterprises 3494 & 3481 SD-86-14 Gentlemen .' Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determ~nation should not be construed as either an approval or disapproval. Comments: Subject to compliance with Article 12 of the Suffolk County Sanitary Code.. For environmental and safety considerations said facilities should be relocated considerably further from the water's edge along the shoreline of Budd~s Pond. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by. Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article×I , Sectionlo0-llg.2 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3494 Applicant: Port of Egypt Enterprises Location of Affected Land: 6230 Main Rd., Southold, NY County Tax Map Item No.: 1000- 56-6-3.2, 3.3, 4, 6, 6.1 Within 500 feet of: Town or Vii]age Boundary Line XX Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, ThruwQy Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to loca/Le ~rin~ f~l ~fmrmg~ tank structures in this "C-Light" Industrial Zoning District with an insuffi~ cient setback from landward edge of~ tidal wetland and from ordinary hiqhwater Copies of Town file Dated: June 13, 1986 and related documents enclosed for your review. Secretary, Board of Appeals mar~. Southold Town Board of Appeals MAIN ROAD- 8TATE 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 H. SAWICKI Notice of April 3, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLAR3%TION I 986 Determination of Non-Significanc~ APPEAL NO.: 348l PROJECT NAME: PORT OF EGYPT ENTERPRISES, INC. 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 environment 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 pending for the same or similar project. TYPE OF ACTION: [ ] Type II [X] Unlisted [ ] DESCRIPTION OF ACTION: Special Exception to insta]]/re]0cate marine fuel storage tanks in this "C-Light" Industrial Zone. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly known as: South Side of Main Road, S0uth0]d, 1000-56-6-3.2, 3.3, 4, 6, 6.1. more REASON(S) SUPPORTING THIS DETERMINATION: (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) Location of tank structures is subject to approvals by the Suffolk County Health Department and N.Y.S. Department of Environmental Conservation, for which this declaration is condi- ti°n~O~P~THER INFORMJITION, PLEASE CO~TACT: 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. lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 June 5, 1986 Mr. Merlon E. Wiggin, P.E. Peconic Associates Inc. P.O. Box 672 Greenport, NY 11944 Re: Appeal No. 3494 - Port of Egypt (Variance) Gentlemen: ~ Enclosed please find a copy of the official findings and determination recently rendered by the Bo aYd of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable and the Southold Town Planning Board. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Buildi.ng ~%~a~ment Planning Suffolk County Planning Mr. By Linda F. Kowalski Secretary Commission William Lieblein, Port of Egypt NEW YOPX STATE DEPARTMENT. OF ENVIRONME}~AL CONSERVATION Regulatory Affairs Unit Buildin~ 40, SUNY--Room 219 Stony Brook, New York 11794 .......................... (516) 751-7900 RE: Permit No., Location Dear Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental condLtions, relevant technology or applicable law or regulations since the issuance of the existing permit; therefore, the expiration date is extended to ~'~Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications vii1 not substantially thanes the scope of the permitted actions or the existing permit conditions. Therefore. the permit iS amended to authorizel ~oc~ ~ls la~er is an ~endment to the s . at ~e Job site. All other tet~s and conditions remain as written in the original pe~mit. Very truly yours, Alternate Regional Permit Administretor CTH:DDR:co's Sent to: .Pi CONiC ASSOCIATES, l c. ENGINEERING & PLANNING CONSULTANTS One Bootleg Alley P.O. Box 672 Greenport,New York 11944 Telephone: ($16) 477.0030 ASSOCIATES: Fairweather/Brown Architects Gannet Fleming Engineers R.P. Morrow & Associates Winery Design Planners East E)~virontnental Planning Wilhelm Atlantic Co. Financial Planning 3anuary 27, 1986 Mr. Charles Hamilton New York State Department of Environmental Conservation State University of New York Building ~ 4~ Stony Brook, L. I. New York - 11794 Dear Chuck: Re: Permit Number 1~-85-~312 In accordance with our discussion, request an amendment to subject permit to include the relocation and reinstallation of three (3) ~xisting fuel tanks in accordance with Suffolk County Health Department Article 12 requirements, as depicted on the attached drawings. If you have any further questions, please do not hesitate to contact us. Sincerely, PECONIC ASSOCIATES, INC. ~,M.E. President gnc. 3 Copies Port of Egypt drawings. New York Slate Department of Environmental Conservation Regulatory Affairs Unit Bldg. &O, SU~Y--Room 219 Stony Brook, NY 11794 (516) 751-7900 H~w/O. WIIli~lt~ Oommm~oe~t May 8, 1985 Port of Egypt Enterprises C & L Realty Route 25 Southold, NY 11971 RE: 10-85-0312 Dear Sir: In conformance with the requirements of the State Uniform Proceduree Act (Article 70, ECL) and its tzplemeoting Regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact the Regional Regulatory Affairs Unit, N~S Department of Enviromaental Conservation, State University of Ne~York at Stony Brook, Building 40, Stony Brook, Ne~York. Also enclosed is a permit sign which you are to conspicuously post at the project site, protected from the vegther, Very ttmly yours, Charles T. Hamilton Alternate Regional Permit Administrator CTHlcoe8 Enclosures NEW tSTATE DEPARTMENT OF ENVIRONMENTAL CONSERION PERMIT 10-85-0312 UNDEe THE ENVIeONMENTAL COI~EeVATION LAW AETICLE 24, (Freshwater Wetlands) AITICLE 36, (Co~strnctirm in Flood Hazard Ams) :IU41T iSSUED TO Port o£ Egypt Enterprises/C & L Realty DDRESS OF PERMISEt Route 25, Southold, NY 11971 3CATION OF ~OJECT (Section of stream, lidal wetland, da~ ~lldins) lill Creek, Budds Pond, Southold ESCRi~ION OF PROJECT 'lace 1200~ l.f. of concrete rip-rap between mean high water and mean low water to stabilize ,horeline in existing marina and boat basin as per supplied plans. OMMUNITY NAME (City, Town, Villase) ;outhold ITOWN Southold OUmY IFIA COMMUNI~ NO. I DAM NO. ~uffolk PEIUAIT ~PIKATION DATE I December 31, 1987 GEbi. ERAL CONDITIONS 1. The permittee shall tile in the office of the appropriate Relioual fmit Administrator, a rmlice of intention lo commence w~rk al lelst 4~ ms in sdvance of Ihs llme of commencement and shall also notify him amplly in writini of the completion of the wink. 2. The permitted wnck shall be subject to inspection by in authorized presentative of the Departmenl of Environmental Conservation who May der the work xuspended if the public interest so requires, 3. As a condition of the issuance of this permit, the applicant has ac- pled expressly, t~l~ the execution st the applicallon, the full lesal mspo~- uility for all damages, direct or indirect, of whalever salute, and by whom- er suffered, arisin~ out of the project described herein and has a~reed 1o demnify and save harmless Ihe State from suits, actions, dameBes and ,sts of every naom and descrlplion resultln$ from the said pro jarl. 4. Any material dredBed in the prosecution of Ihs work herein permitled ,all be removed evenly, without ~eavin8 larse reluse piles, rldtes across the d of the watorway or flood plain or deep holes that may have a tendency to use injury to navlpbh channels or Is Ihs banks of Ihs waterway. 5. Any malarial to be deposJled or dumped under this permit, either in the locality shown on the drawin~ hereto attached, and, if so prescribed arson, within or behind a good and substantial bulkhead or bulkheads, such · will prevent eicape of tho material into Ihs waterway. 6. There shall ho no unreasonable interference with navisallofl by Ihs ~rk herein authorized. 7. That if fulme operations by the Slate of New York require an alteration: the position of Ihe struclure or work herein authol'ized, or if, in the opinioq the Depeflment oi Environmental Conservation it shall cause, onroasoonbld ,structlon to the free naviption of said waters or flood flowl .m eedanser e health, safety or wellsre si Ihs people of the Stile, m Isis m destruction the natural ronomces of the State, the owner my he mdored by the Dep~fl. eot to remove m alter Ihs structm&l work, obstructions, or hezl~ds caused araby without expense to Ihs Mate; and If, upon the expiration m revocation this permit, the structure, fill, excavatinG, or other modification of the dtercoursa hereby authorized shill not he completed, the owners shall, ~thou~ expense to the Male, and to such extonl end Jn such time'&nd ~annor ~y ps, ion of the uncompleted struclure or fill lsd restore Is ils Iormer )ndilion the navJpble and flood capacity of the waferconroe. NO claim shall 8. That the Mate of New York shell in on case be Ilabh im any daJsale or injury to the itructuro' or work herein suthmized which may he cssaed by er result from fntm'e operations undertaken by the ,Slate fix' tho coonerv&tiorl of Imotovement of navlption, or for other, ix#poses, and on Chili M film to compansation shell sccrue from iny such di~iile. 9. That if the display of lilhte lsd siibels on any work hereby luthnci~ed is not otherwise provided for by law, such lIlhts and Silosls sa my be ps* scribed by the United States Conit Guard shell be Instellnd and maintelued by and al the expense of the owner. 10. All work carried out under this permil shell be perfonsad is sc. coB, dance with established eniineerJnl IxKtice and in S workliisllko rammer. 11. if Slanted under Articlel 24 m 25, the Departmant reserves the risbt to reconsider this approval st sny time and after due notice and Imirin8 cootinun, rescind nc modify this permit in such a wanner ss may he found to L be JUSt and equitable, if upon the expiration or revocation of this peredt, tim modification of the wetland hereby loth(wind his pot bee# completed, tbs applicant shell, without expense to the State, end to ouch extent mid IR Slick time lsd manner ss the Department of EnvironmentsiConlervstlon lily remove all or any pontus of tho oncompleted structwe uc fill ond ~ tho site to its former condition. No claim shall be made aplont the S41te of New York on lcconnt of ioy such removal or sltorotion. 12. This permit sholJ ~ be construed as cunveylni to the eppllclot any risht to trespass up4~ the lands or inferrers with the flparlon rllbte of otbem to perform the permitted wnck m' as sothorislnl the Jlipairereot d iny rilhtl., title or interest in real or parson~l Iwoperty hokl or roiled In s pMIon #M party to the permit. 1S. The permittee is responsibh for obtaininS ony Mber poneite, provsls, la`ods, nssemaots And rllhttPof*wny which my be reqyJmd loc Lids pcojoct. 14. if posted undor Article 3&, this parmlt Is Ireoted SohJy OS the of the requirements Q~ Artlch 3& M the Environonntel ConMrvlflon Law Piti SO0 ol 6 NYCIUL (Construction in Flood Pinto Arson bevlnl Splctal PJoed, Hazards - Buildinl Pontdte) and in no way sIRnifles that the I~OjeCt Ildll Ite frle from flondlflR. 1S. By acceptance of this permit the permlttee alrees that tho Immll is continlent upon strict compliance with the tbeciel condition8 M reversa aide. ~.~0-4 (9/75) (~E ~VEISESIDE) ~IAL COND~ITIONS ~ There shall be no asphalt material utilized for rock tip-top. ATTACHED CONDITIONS A - J, K, N, P Alternate Charlea T. Hamilton IITISSUEDATE Bldg. 40, Sl~/-'ROOm 219 8, 1985 Stony Brook, I~Y 11794 SUPPLEMENTARY SPECIAL CONDITIONS The followt~tg conditions apply to all p~rmits: Oe If any of the permit conditions are unclear, the permittee shell contact the Division of Regulatory Affairs at the address and te~ephon~ no~d below. A copy of this per, nit or approval and suppl~en~a~ cond~t~o~ sh~l be available at the pro~ect site ~enever authorized work is in progress. ~e pe~it sign enclosed with the pe~it or a copy of letter of approval shall be protected fr~ the weather and posted in a conspici~us location at the work site until completion of authorized wor~. At least 48 hours prior to c~enc~ent of the project, th~ pe~ttee s~ll complete and re~urn ~he top po:itOh of the enclosed receipt fo~ certifying that he is fully aware of and understands all provisions a~ couditio~ of this pe~lt. Within one week of completion of the ps. tinwork, the bottom portion of that fo~ shall also be c~leted and retu~ed. For projects involving activities to be acc~plished ~er a period e~ ~re than one ~ear, the pe~ittee shall notify the Regional iemit ~nistrstor in writing at least 48 hour~ to the c~nc~en~ of rea~pCion of work each year. If prolect design modtfications~ake place after pe~it issuance, ~he pe~tttee shall submit the appropriate plan changes for appr~a~ by the Regio~l Pe~it Administrator p~tor to undertaking any such ~ifica~io~. ~e pe~lttee is advised that substantial ~dification~y r~utre sub- mission of a n~ application for pe~it. All necessary precautions shall be taken to preclude con~tnati°n of any wetlands or wate~ay by suspended solids, sediment, fuels, solvents, lubrica~ts, epoxy coa~tngs, paints, concrete, leachers o~ any o~her envtro~entally deleterious ~tert~18 associat~ with the project work. ~y failure to c~ply precisely with all of ~he te~ and conditions of this pe~it, unless authorized i~ writing, shall be treated as a violation of the En~ro~ental Conse~ation Law. ~e pe~tttee is advised to obtain any pe~its or approvals that ~y be required fr~ the U.S. Departmen~ of A~y Corps of Engineers, ~ District, 26 Federal Plaza, Ne~ York, ~ 10278, (Attention: Regulato~ Functio~ Branch), prior to c~nc~en~ of work authoriz~ herein. ~e g~anting of this pe~it does[ not relieve the pe~ittee of the responsibility of obtaini~ a grant, e~s~nt, or other necessa~ approval from the Division of ~nd utilisation, Office of ~neral Se~ice~, T~er Building, ~ptre State Plea, ~bany, ~ 12242, which ~y be raqui~ed for any euc~ch~nt u~n S~t~ la~s u~er vater, R~gio~l Pe~t ~iniatrator ~S Dept. of Enviro~nt~ Cons6~a~lon aldg. ~0, S~--Ro~ 219 Stony B~ook, ~ 11796 (516) 751-7900 DEC # 10-85-0312 The follo~_ng cond~t:t~n~ ~ha11 apply l~ checked-e~..appl~h~ by ..Reg~.onnl Perm:Lt; ~L~nistrator: K. All dredging shall be conducted so aa to leave a uniform bottom ,~. elevation free of mounds or holes. All spoil material shell be disposed of either ~ th Acl~c Oc~n or at an appr~ed U.S. ~ve~t ~ins Gr~, as by the District Ens~eer, U,S, ~r~C of t~ ~, ~8 of Eng~. ~y spoil uter~l ~C ~Ce~ed for s~h ~Cor dis- posal s~l be r~d ~r~ Che 8iCe ~ d~8~ o~ aC ~ ~p~ upla~ sics. X Mo. All peripheFoA rip-rap beruo, cofferdan~, rock reve~mu~, .sabimm, bulkheads, ace. s~ll be c~leCed p~or ~ pl~t of ~y fil~ ~cer~ be~d such et~ccur~. X ALt_ repairs to ex,at, La~ atFucL~reo almll be con£~ed Co replacemeuc of ex~s~Ln8 8CzucCuZaJ. elements rich no chonse 4n-.de~t~n..d/.nena/m~ or mater~.o, un, ess ape~.if~.a].Ly auChoF~ced ~r~. The following Water quali~y Car~fication ehall'-applTt.f i~lUiz~l _ by one or more asenr.~e/of the United States' ~ovez~nenC -ch~e~4 ea applicable by the Region~! Pet~ait In accordance with Section 401(a)(1) of the 1977 (PL 95-217) the Ne~ York SCats DeperCn~nt of Envirommm~l ~Couservat~on heFeb~ cerC~fie~ that the e~J~c p~ not ~Crav~ ~f~t ltmv~ or oCh~ ,,~a~r S~tio~ .~1, ~, 303, 306 or 307 or DATE.,. May 8, 1985 Charles T. Hamilton Alternate Regional.p~ .a~4u~ n.~ -t~r ..... . Di~J.~Lou of ~Co~ ~fa/rs ~S ~rL~ ~.~ ...... ~LvoH~ Stay Bra, ~ 1179~ (~16) 751-7~'~ - December 31, 1987 NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Cede of the Town of Seuthold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Seuthold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, MAY 1,1986, and as follows: 7:35 p.m. Appeal No. 3399 - C. BRUCE AND ANNE STAIGER. Variance to the Zon- ing Ordinance, Article III, tion 100-31, Bulk Schedule, for approval of two parcels having insufficient lot area, width and depth and as described in Deeds at Libers 3362 cp 53, and 5676 cp 213, located at the east side of Wells Road, Peconic, NY, County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p.m. Appeals No. 3396 -- GARY DOROSKI for a Vari-. ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4/3/ 86). 7:45 p,m. APpeal No, 3479 - JOHN P. SGOUROS for a Vari- ance to the Zoning Ordinance, Article III, Section 100-31, bulk Schedule for approval of two par- cels known as Subdivision Lots #22 and #23, "Stars Manor" Subdivision Map No. 3864, ap- proved by the Planning Board 9- 19-1963, having insufficient area, width and depth, located along the West Side of Stars Road, East Marion, NY; County Tax Map parcels No. 1000-22-2- 20 and 21. 7:50 p.m. Appeal No. 3480 -- VINCENT AND JOANN CASA for a Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within 100 feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc. Subdi~,ision Map~2, Lot #115, East Marion, NY, County Tax Map Parcels No. 1000-30-2-58. 7:55 p.m. Appeal No. 3486 - ROBERT JOHNSEN for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule for approval of insufficient lot area of prop- osed Parcel #4 in this pending four-lot minor sudivision located along the south side of Sound View Avenue, Southold; County Tax Map Parcels No. 1000-68-4-2 and 3. 8:00 p.m. Appeal No. 3490 -- HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage shed in frontyard area. Location of Property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax //~Map Parcel No. 1000-3-2-10. 8:05 p.m. Appeal No 3494 -- PORT OF EGYPT ENTER- PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locato marine fuel storage tank structures n this C-Light Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, South- old, NY; County Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. '----- 8:10 p.m. Appeal No. 3468~- ROBERT J. LONG for a Vari- Article 11I, Section 100-31, Bulk Sched~ for approval of parcel in t~oposed set-off division of lan'~l~aving insufficient area and depth, located along the North Side of Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, con- taining 11.912 acres. 8:15 p.m. Appeal No. 3471 ~- NICHOLAS TSIRKAS (Reces- sed from 4/3;86). 8:20 p.m. Appeal N01 ~9 -- PAUL LEARY for a reversal of decision of the building inspector for a nullification of actions by the Building Departm~u~ to issue a modified Permit and"De- repletion Permit, and that the property owners be left to regular procedures of law, to bo allowed only after review by the Board of Appeals and in accordance with all other provisions of law. Name of Owners and Location of Prop- erty in Quest[on: FRANK E. AND MARY BROPHY, 75 Sec- end Street, New Suffolk, NY; County Tax Map parcel No. t000-117-10-20.7. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matte~. Written com- ments may also bo submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802). Dated: April 3, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TA24-5224 STATE OF NEW YORK COUNTY OF SUFFOLK Heather Cusack ofGreenport, 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 on~ weeks successively, commencing on the 24 dayof Apr±l 19 Principal Clerk Sworn to befo~ me t~is ~ darer ~ 19~ , / ~ ~ ~ DEGNAN the COUNTY OF SUFFOLK STATE OFNEW YORK SS; Town ~'/1,j!986' and as foll0wsi · 7:35 99 C. STAIGER. Viuianee tO the Zoning Ordinance. Article III. Section 100-31, B, ulk Schedule, for api~roval of tWO parcels hav- ing insufficient ~}' area, width and depth and"~de.~.rib, id in' 5676 np 213; lOCated.at the east' side of Wells R0ad,'~, Peconic, NY, C0tintyTax Map Parcels No. 1000-$6-2-4 and $, . 7:40 p.m. App,.al ~p. GARY DOR.O.,~S~I for !00-119.2(B.) within 75.feet bf wetlands. 425 Monsell Lane, .Cutchngue.' {Recesed from 4/3/86) 7:45 p.m, Appeal No. 3479 - JOHN P. SGOUROS for' a Variance to the Zoning Or- dinance, Article IIL Section 100.31. bulk Schedule for ap- proval of two parcels known as Subdivision Lots no, 22 and no. 23. "Stars Manor" Subdivisiow Map No, 3864, approved by the Planning Board !-19-1963, hav- ing insufficient area, width and depth, located along the ~est Side of Stars,-Road;~ East Marion, NY', County Tax Map Parcels No..1~,~2-20 and . 7:50p.m. Ap~.al~N0; ~4g0 - VINCENT AN~, 7~OANN CASA for,~L~v~ce't~ the Zoning ordinan~ ~3~rtic.~ Xl,.. Section 100-19.~.(A) for. l~ermis-' sion m locate swimmingpool with deck and fence *n~lo'sdre within 100 feet of bluff along the Long Island So'und, premises known as 1840 The Strand, Pebble B~ach Farm~ Inc. Subdivision Map no. 2, Lot no. 115, East' Marion, NY; County Tax Map Parcels NO, 1000-30-2-5g.,.. ,. 7:55 p.m. Appeal No. 3486 - ROBERT JOHNSEN for a Variance to the' Zoning.. Or- dinance, Article IiI~ S~ction 100-3t, Bulk ,Schedule fo~' ap- proval of imu ffide.~n~ ]qt area of proposed p~rce! '1!o;. 4 .iff this pen~li~ four-10t minor subdi¥i: sio~' located along .the south side of Sound :~iew Avenue, $outhold; County Tax Map Parcels No. 100-6g-4;2 and 8.'00 p,m. Appeal No. 3490 HURLBURT f/~r?'Varin~e to the Zoning Ordll~:e; Ankle I11 Section ~00 ~ for oe~mis- sion tp locate,q ~ m,'-t orage shed in froni ~ ~-ea~.', Loca- tion of P~'ope~., Fishers Island northhyW k, ford,: ~$outh b~ i/'ate';Road, east by Private I :l '{/n/i son; County. Tm. ?Map Parcel No. 1000-$-2-10~'. '. Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /. ..... weeks successively, commencing on the ........... .~..~. ~ .... day, o .~ ..... ,19...~/. ~/~c, [ PORT'OF EOYPT'ENTHR; Sworn to before me this ......... ~. f.. ........ ~ PRISES for. a Variance to the \ Zoning Ordinance, Article XI "~ ~ \Section 100 119 2 for permi$- ~/ / ,s~o~rage t~,a~ k struCtur~ in /"C-Light Ind~trial ;Z0nin~ ~ , / District with an inSufflCien{ '? ./ / back from landward / ~)~ ~ ~ ~ / tidal wetland and fl;om ordim~v nao.^v^ t: ..... [ T~:~ Map , ParceD,~No;.~ Qualified in Suffolk Count.. -O,BERT J' L~NQ: , . a varmnce to the~Zo 100-31 Bulk $ch~dul~';.!f0t proval of parcel !n this propos: ed set-off divisio~ of land hav- ing insu ff'~ient area and depth, located along the North Side or · Main Road, EaSt MaHoa~ NY; County Tax Map Parcel No. 1000-31-4-15, containing 11,912 acres. 8:18 p.m. Appeal No. 3471 - NICHOLAS ,Y' TSIRKAS (Recessed flora'4/3/86). 8:20 p.m. Appeal NO, 3489 - PAUL LEARY for a reversal of decision of the ~Uliding inspec- tor fOr a fiuliific~tibh'of~tions . by the Buildini Dgpar(ment tO issue a modified Permit and Demolition Pern~it, and that the property owners be left to regular procedures of law, to be aflowed only after re~iew by. the Bo~ of Appeals and in accOr::~, dan¢~Xvith'all otb& pm~isions of laW. Name Of O~n~s and Lo~c~ion of PrOperty in'Ques: tion. FRANK E. AND MARY ~ BROPHy, 73 Second' Street, New Suffolk, NY;County Tax Map :i Parcel No~ 1000-117-10-20.7. !., The Board of Appeals will hear at maid time and place ali .persons or representatiye~ deair. mg to' be heard in ~hT'ot ihe , above matters 19,(fitte~i c~m: ! meats may also be Submitted , prior to' the. conclusion 9f the hearing in qUesfi0p. For more information, ,please call 765-1809 (alt. 1802). Dated: April 3, 1986 BY ORDER , OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER, .' CHAIRMAN 1 T-4/24/86(2) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, MAY l, 1986, and as follows: 7:35 p,m. Appeal No. 3399 ' C. BRUCE AND ANNE STAIGER. Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of two parcels having insufficient lot area, width and depth and as described in Deeds at Libers 3362 cp 53, and 5676 cp 213, located at the east side of Wells Road, Peconic, NY; County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p.m. Appeal No. 3396 - GARY DOROSKI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4/3/86) 7:45 p.m. Appeal No. 3479 - JOHN P. SGOUROS for a Variance to the Zoning Ordinance, Article II}, Section lO0-31, bulk Schedule for approval of two parcels known as Subdivision Lots #22 and #23, "Stars Mahor~ Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, having insufficient area, width and depth, located along the West Side of Stars Road, East Marion, NY; County Tax Map Parcels No. 1000-22-2-20 and 21. 7:50 p.m. Appeal No. 3480 - VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(A) for permission to locate swimmingpool with deck and fence enclosure within lO0'feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc. Subdivision Map #2, Lot #115, East Marion, NY~ County Tax Map Parcels No. 1000-30-2-58. 7:55 p.m. Appeal No. 3486 ROBERT JOHNSEN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule for approval of insufficient lot area of proposed Parcel #4 in this pending four-lot minor subdivision located along the south side of Sound View Avenue, Southold; County Tax Map Parcels No. 1000-68-4-2 and 3. Page 2 - Notice of Hearings Regular Meeting of May l, 1986 Southold Town Board of Appeals 8:00 p.m. Appeal No. 3490 HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage shed in frontyard area. Location of Property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson~ County Tax Map Parcel No. 1000-3-2-10. ~:05~Appeal No. 3494 - PORT OF EGYPT ENTERPRISES for a Varianc~ to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate marine fuel storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-3.2, 3.3~ 4, 6, 6.1. 8iiO p.m. Appeal No. 3468 ROBERT J. LONG for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of parcel in this proposed set-off division of land having insufficient area and depth, located along the North Side of Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31- 4-15, containing 11.912 acres. 8:15 p.m. Appeal No. 3471 NICHOLAS TSIRKAS (Recessed from 4/3/86). ~B:20 p.m. Appeal No. 3489 - PAUL LEARY for a reversal of decision of the building inspector for a nullification of actions by the Building Department to issue a modified Permit and Demolition Permit, and that the property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accordance with all other provisions of law. Name of Owners and Location of Property in Question: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY~ County Tax Map Parcel No. 1000-117-10-20.7. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in question. (alt. 1802). Dated: April 3, 1986. For more information, please call 765-1809 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish forwar'd' two affidavits of publication Board of Appeals, Main Road, Southold, Thursday April 24, 1986 and 6~ or before ~pr--f-fl--'~ to: NY 11971. lk JUDFFII T. TERRY TOWN Ci ~RK REGISTR^R OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3494 application of Port of Egypt Enterprises for a variance. Also included is Notice to Adjacent Property Onwers; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Dis- approval from the Building Department; letter of authorization to Peconic Associates; N.Y.S.D.E.C. amendment to permit; letter from the Southold Town Palnning Board; p~an~ a~d survey. Judith T. Terry Southold Town Clerk ~ll~J~ TOWN OF SOUTHOLD, NIEW YORK I~P~AI~P~,~J~OM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. S~q PORT OF EGYPT ENTERPRISES-~ MAIN ROAD 1, (We) ......................................................... o, ............................................................................ Nome of Appellant Street and Number SOUTHOLD. L. I. Municipality .N..E...W.....Y..O..R...K. ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .~T.A..N...U..A..~.t.....2..2..,.~.9...8..6. .................. WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( ) · .~..E..R.b..O.~...E.......w..!~ g.! .N.....(..P...E..q P..N. LC.....A...S..S-O...C. ] A T E S ) Name of Applicant for permit of P. O BOX 672, GREENPORT~ L. I.; NEW YORK - 11944 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~.i9~A~°~A~b~.~s~`u~z~q~b~k~;~N~w~9~ Street Use District on Zoning Map 056 06 032-033-04 Cum'ant 0wrierPORT OF EGYPT ENTERPRISES Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ARTICLE XI - SECTION 100-119.2B 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance FUEL TANK LOCATION WATER MARK. IS WITHIN 75 FEET OF HIGH Tom ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ THE FUEL TANKS ARE FOR MARINE USE AND, THEREFORE, OF PRACTICAL NECESSITY LOCATED NEAR BOAT REFUELING DOCK. THE EXISTING TANKS ARE BEING REINSTALLED IN ACCORDANCE WITH ARTICLE 12 OF THE SUFFOLK COUNTY SANITARY CODE. THE LOCATION OF THE TANKS AND DESIGN OF ALL PROTECTIVE DEVICES HAS BEEN REVIEWED AND APPROVED BY THE SUFFOLK COUNTY HEALTH DEPARTMENT (COPIES PREVIOUSLY PROVIDED). SITE PLAN APPROVAL AND TRUSTEE WAIVER HAVE ALREADY BEEN OBTAINED, PLU~ SPECIAL EXCEPTION APPROVAL BY THE ZONING BOARD OF APPEALS. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because THE LOCATION OF MARINE FUEL TANKS ADJACENT TO MARINE FUELING DOCKS IS STANDARD AND COMMON PRACTICE AT ALL SUCH LOCATIONS. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because THE TANKS ARE ALREADY IN EXISTENCE AND ARE BEING REINSTALLED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12 OF THE SUFFOLK COUNTY SANITARY CODE FOR THE PURPOSE OF PROTECTING THE SURROUNDING WATER FROM A POSSIBLE FUEL SPILL. NOT APPROVING THIS REQUEST FOR VARIANCE AND NOT INSISTING THE WORK BE ACCOMPLISHED IMMEDIATELY, INCREASES THE LIKELIHOOD OF A FUEL SPILL THAT WOULD CHANGE THE CHARACTER OF THE DISTRICT. STATE OF NEW YORK ) / f44 ,s ........ .................... COUNTY OF Signatu/~' c2' Sworn to this ............................................ day of ........................................ 19 ........ NANCY R. ~G~ NOTARY PUBLIC, State ~ New R~ing in Suffolk Cou~ Clks. No. 52.5~5 Commission E~ ph t-~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : NOTICE : TO to the Board of Appeals of the Town of Southold : ADJACENT TO: PROPERTY OWNER ARMANDO CAPPA C.C.L. REALTY MAIN ROAD MAIN ROAD SOUTNOLD, L. I. SOUTHOLD, L. I. NEW YORK - 11971 NEW YORK - 11971 YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request aLl, fiance3 (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: PORT OF EGYPT ENTERPRISES, INC. 3. That the property which is the subject of such Petition is located in the following zoning district: "C" LIGHT INDUSTRIAL 4. That by such Petition, the undersigned will request the following relief: RELOCAT ION AND REINSTALLATION OF THREE(3) EXISTING FUEL TANKS ARE REQUIRED BY ARTICLE 12 OF THE SUFFOLK COUNTY SANITARY CODE. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII Section 100-80 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same dUring regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRIL 16, 1986 PECONIC ASSOCIATES, INC. Petitioner Owners'Names:PORT OF PostOfficeAddress MAIN ROAD' EGYPT ENTERPRISES SOUTHOLD, NEW YORK - 11971 (Te]. ) NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 383 535 002 RECEIPT FO~ P 383 535 001 STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.; MERLOM E. WIC~.TN. PEC~NTC aRRng . residing at ONE BOOTLEG ALLEY GREENPORT, NEW YORK - 11944 , being duly sworn, deposes and says that on the 16 day of APRIL 1~ ,19 86 .,deponent mailed a true copy of the Notice set forth on the re. verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of $outhold; that said Notices were mailed at the United States Post Of- fice at GREENPORT, NEW YORK ;thatsaid Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b. cforeome this / 7"7~ day of 6/~)h~, /, ~ 19 2r~, '( ~ta;y'Public / NANCY R. DOUG~ ~T~ ~IC, S~te of N~ Y~ ~n Suffolk ~ ,52-~5 (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...~a-,v..,..~zL. ~.~...//.~'.,-~ PLEASE TAKE NOTICE that your application dated . ~~...Z.~ ..... for pe~it to ~K(~..F~7~ .~f~.~.~.&../~~~tO~ ........ at Location of Property .. ~d~. ........~l~ .~ ....... House No. Strut Ham/et Co.my T~ ~ ~o. ~000 S~tio~ .~ ~ ....... mo~k .. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~-_-~. ~..~.~nt[;~. t~.~... (?... .~ ~. .~ . .'. q..'.~,r..[~.~. ~. . .& ,?x,~.~,. . ~. ~. .~1~ ~ .&~P ~o.~ .... ~.~ . . Zo ~,~9. . . ~n.~ . ~ ~B~ . .; ~ .... ~.~. .,. ~~ .~~. . ~ ~. .~ . .~~6 . ~7~. T~. ~. . . . . . . . . . . . . . ~. . . . ...... ...... ........... Bu~ld~ng Inspector RV 1/80 - Y Southold, N.Y. 11971 (516) 765-1938 March 25, 1986 Mr. Merlon Wiggin President Peconic Associates, P.O. Box 672 Greenport, NY 11944 Re: Port of Egypt Marine site plan Dear Mr. Wiggin: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, March 24, 1986. RESOLVED that the Southold Town Planning Board refer the site plan of Port of Egypt Marine for the relocation and installation of existing fuel tanks to the Building Department for certification subject to: (plan dated as amended 5/29/85) Department of Health Services approving the relocation and installation of the tanks. Would you please also forward the filing fee of~100 ~ your earliest convenience. Receipt of correspondence from the Suffolk County If you have any questions, please don't hesitate our office. to contact Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary cc: Building Department Board of Appeals Phone: 765-3918 Port 0~ Egypt Enterprises, Inc. Route 25, Southold, L. I., N. ¥. ~1971 Ski~s ---Outboard Hulls -- Motors For Rent Bait -- Tackle -- Gas danuary 27, 1~6 To ~ihom It May Concern, to taatte£s pertaining to gas facility. Tais is to certify taut the Feconic Associates is authbrized act on behalf of the Por~ of Egypt Enterprises, Inc. in all the z'elocation ond reinstallation of our ¢~. H. Lieblein Fresiaent NEW YOPX STATE DEPARTMENT. OF ENVIRONMENTAL ~ONSERVATION Regulatory Affairs Unit Butldin~ 40, SUNY--Room 219 Stony Brook, New York 11794 .......................... (516) 751-7900 RE: Permit No., Location Dear ~,e~; Your recent request to extend the above pet~tt has been reviewed pursuant ~o 6NYCRR, Part 621. It has been detet~ained that there has not been a material chanBe in environmental conditions, relevant technolosy or applicable law or regulations since the issuance of the existing permit; therefore, the expirat~on date is extended to _~Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been detera~tned that the proposed modifications rill not substantially change the scope of the pemitted actions or the existint per~Lt conditions. Therefore, the permit is amended to authorize: ~tlo¢~ ~ f~,~{~l(L~') ~is letter is an ~eadment to the original pe~lt an~a auch, aha11 be poet~. at the Job site. other terms and conditions remain as ~ritten in the orl$~nal pe~it. Very truly yours, Alternate Regional Permit Administrator CTH:DDR:co's Sent to: The N.Y.~,~ £nvironmen~ai Quali~y ~: m~ssto~ of ~s form, and an envtronme made by this board before any action is :w Act reouires suu- revluw will be taken. .S~ORT ENV1R0h~.!EUTAi '-'"~v ." *~ h. [a) In order to answer the questions in thl~ short gAF ls le ass.tried that the preFarer will uee currently available Lnfor~-.~atIcn concerning the proJec: and the l~ely ~ct~ of the ac~on. I~ ~ no~ e~ected that add,tier,al c:~er ~nve~t~gat~on~ w~l be ~dertaRen. Ih) If any Cue~om has be~n answered Ye~ th~ proJec~ my be al~lflcant am ccmp!et~d gnvlrc~ental A~e~men: Fo~ ~ necessary.. _ J (c) If all que~t~on~ have been an=wered No ~: 1~ likely tbm: thl= project 1~ =lgniflcant. ~virenmental A~e~ment ~ f~ ~-. 1, Will project result tn a large physical c~mnge to the project site or phyeically alter more than 10 acres of land? . · , , . . . · . · - 2. WIll there be a major change to any unique or unusual land forte found on the site? . , , 3. Wi.Il project alter or have a large effect on an existlng body Of water? . , , , , . , , · · &. Wi21 project hlve a potentially large lmpac~ on gTOun.~water quality? , , , . . , · · · , · · 5, WLll project sig'nificently'effect drainage 6. Will project affect any threatened or endangered plant or anL.-ml species? . . . , · · · , · · 7. WILl project result in a major adverse effect on 8, Will project have a mm jot effec: on visual char- 9. Will project adversely impact any site or struct- ure of historic, pre-historY:, or pal&ontological importance or any slte designated as a critical environmental area by a loca: agency? , . . 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or 12. Will project reg~arl7 cause objectionable odor:, noise, glare, vibration, or electrical dlatur~ 13. WIll project have any impact on public health or ~afety', 1L, Will project Affect the existing co.unity by directly canstn~ a growth In permanent pop~a- %~0~ of more t~an 5 percent ever a on,year period or have a ma3or ncca:lve effect On tn° charact~. Of %ne com.zunlty ~r neighborhood?.. 15. I~ there p~lc controversy concerning thu proje~%~ Yes ~rPfS~NTI:;C: PORT OF EGYPT ENTE~ISES, Yes X No Yes X No Yes X No Yea _ X No Yes X No Yes X No Yes X No fin?- ., res __x__ No . ., Yes X No Yes ~ No Yea __ X_ No Yes x r:o X No X No I N~.-r. APRIL 16,1986 ''*' APRIL 16, 1986 (Today'S Date) To: Southo!d Town Board of Appeals blain Road Sou~hold, NY 11971 Appeal Application of ,pORT OF. EGYPT ENTERPRISES Location of Property: ROUTE 25, SOUTHOLD, NEW YORK Dear Sirs: In reference to the New York State Tidal Wetlands Land-use Regulations, 6 NYCRR, Part 661, and Article 25 of the ~lew York State. Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please check one box) [ x] May be tocatad Within 300 feet of tidal wetlands; however, constructed alon~ the water-lyin~f edge of this property is a bulkhead in very good condition and at least 100 feet in length.· [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the war r- '~ e_ lyl..= edge of this property is a bulkhead in need of (minor) (major) repairs, and- appro.,~m~ely feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tiddi wetlands; and there is no bulkhead or '~ ~-~, 1~ con ..... wa__ e:<is~in~ 'on the premises. -[ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge * [';tarred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yourn, NOTE: If proposed project falls witq~in D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be.scheduled for a public hearing. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 1197'i TELEPHONE (516) 765q809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Judith T. Terry, Town Clerk FROM: Linda Kowalski, Secretary, ZBA DATE: January 27, 1986 SUBJECT: Request Pertinent Material - Moratorium Relief Your Request dated January 27, 1986 Please be advised that we do not have an application pending under the name of Peconic Associates or Port of Egypt for the location or relocation of new fuel storage tanks as shown on the site plan submitted with your request. We do, however, have an application pending for the Port of Egypt under Appeal No. 3298 for a 40-unit motel, which was deemed incomplete October 17, 1984 for additional information. Please let us know if this application is relevant to the storage-tank request and if copies are needed. ~, -1 q'-- 2" q~-_q _A~pROVED BY ~., N, 69 04 20"E, 7 OIL- 4-~ L . ?ROPOSE_I) NEW FL)EL STORA~,E TANK INSTALLA."FJON,, ~- 2_,0oo , GAL, GASOLINe.; I--IOOO COI'4PA. N Y . 65~o 4'¸? ,'/ ol PLAN VIEW SCALE Iz/~"-- ILO" Cs~=e- 5,4. A-~'.) SEC TI N '~ ~"'" ~' SCALE I,/2~=t'-0" PECONIC ASSOCIATES InC. consultants O,e Bootleg Alloy P.O. Box 672 Greenport, N.Y. 11944 516 - 477-0030 SITE PLAN/¢k NO SCALE L AMP PO:$ TDE'T, NO ~UEL LOCATION SEC T/ON SCALE SEC T/ON SCALE //2'1----I'-0' OIL INTERCEPTOR 3' I~ SCALE ---- - NOTE: DETAILS PECONIC ASSOCIfZES Inc. consultan One Bootleg Alley P.O. Box 672 Greenport, N.Y. 11944 516 - 477-0030 SECTIONAL NO SCALE view,, STORAGE :TANK INSTALLATIONS for PORT OF EGYPT MARINE RTE. 25 SO~THOLD, NEW YORK D P/P/NO & ELECTBiCAL I" I~- O' SCALE '/4 ---- PLAN PORT OF EGYPT SPECIFICATIONS Soil bearing assumed at 3,~ ~/S.F. minimum with all footings resting on undisturbed soil. Concrete 3,009 psi at 28 days ASTM 9468. Steel bar reinforcing ASTM 615-68. Welded wire fabric ASTM A-185. Tank installation and all piping systems to be in accordance ~ith the applicable provisions of New York State D.E.C. manual "Technology For The Storage of Hazardous Liquids.', and Article 12 of the Suffolk County Sanitary Code "Tosic and Hazardous Materials Storage and Handling Control". Ail electrical work and grounding, including g~ound rod installation, shall he in accordance with the applicable provisions or, the National Electrical Code 1984. Signs with approved lettering shall be fastened to one (1) 3- inch diamster galvanized steel sign pos~, and shall read "Danger Plammable Liquids" and "No Smoking". ANCHORING DETAIL' SCALE I"--ILO'' PUMP INSIDE VIEW SECTION F-F FILL STAT/ON DETAILS 3'It ' SCALE '/4 ---~1-- FILL PIPE MOUN T/NO BRA CKE T SCALE / ~"----I'-0" PECONIC ASSOCIATES Inc. consultants One Bootleg Alley P.O. Box 672 Greenport, N.Y. 11944 516 - 477-0030 "'"FUEL STORAGE TANK INSTALLATIONS PORT OF EGYPT MARINE RTE. 25 SOUTHOLD, NEW YORK A-3