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HomeMy WebLinkAbout6575 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel. (631) 765-1809 · Fax (631) 765-9064 -4- ' ~, FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town MEETING OF AUGUST 16, 2012 ZBA FILE: 6575 NAME OF APPLICANT: Mill Creek Partners, LLC PROPERTY LOCATION: 64300 Route 25 (adj. to Southold Bay), Greenport, NY SCTM: 1000-56-7-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 1, 2012, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWICP Coordinator issued a recommendation dated June 26, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action regarding the dock master's building is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP, since the plans submitted do not include a sanitary system. At the Board's request the applicant's agent submitted a revised site plan dated May 23, 2012 and July 9, 2012 showing the adjacent property with parking and the location ora new septic system for the dock master's building. Based upon this information and the conditions imposed in this decision, the Board finds the proposed action for the dock master's building to be CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. Regarding the proposed addition/alteration to the restaurant it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicants' property is an irregularly shaped 142,441 sq. ft. waterfront parcel in the M-II Zone. The northerly lot line measures 167.17 feet along Route 25. The easterly lot line measures 625 feet along an adjacent parcel. The southerly lot line measures +/-291.18 feet along Southold Bay. The westerly lot line measures +/-585 feet along another adjacent parcel. An estimated 40% of the Applicants' parcel lies underwater, and is used as a boat basin for the marina Page 2 of 4 - August 16, 2012 ZBA File#6575 - Mill Creek Partners, LLC CTM: 1000-56-7-2 located on the property. The parcel is improved with a commercial structure used in the past as a restaurant/inn, and several small accessory structures. The existing structures and proposed new structures are shown on the site plan SPI including sheets 1-5, drawn by Samuels & Steelman, Architects, dated May, 3, 2012, and the site plan showing adjacent parking and the location of a new septic system for the dock master's building with revisions dated May 23, 2012 and July 9, 2012 by Samuels & Steelman Architects. BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 29, 2012, revised May 7, 2012 Notice of Disapproval concerning permit to construct a dock master's building and addition/alteration to existing restaurant, at; 1) dock master's building at less than the code required bulkhead setback of 75 feet, 2) additions/alterations at less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The Applicant requests a variance in order to construct a proposed new 16 feet 6 inch X 20 feet, two story dock master's building with a 12 feet 3 ½ inch X4 feet 1 ½ inch cantilevered deck at a 15 feet 3 inch setback from a bulkhead, where 75 feet is required by Code. The Applicants request another variance in order to construct a proposed new 18 feet X 12 feet main entrance in the side yard, near propose parking, with a 45 foot setback from a bulkhead, where 75 feet is required by Code. ADDITIONAL INFORMATION: The property was granted a variance under Appeal #4313 dated June 7, 1995, for an existing shed within a side yard location instead of a rear yard location as required by Code. The property was granted other variances under Appeal #6150 dated Jan. 8, 2009, for "as built" one story construction with a side yard setback of 4.4 feet, which is less than the 25 feet required by Code, and new deck construction with bulkhead setbacks of varying distances, all at less than 75 feet, and a westerly side yard setback of 8.6 feet. The Town Planning Board submitted a Memorandum dated June 26, 2012, stating that their Board "has reviewed the requested variances" and "generally has no objection" to the granting of the variances as requested by the Applicant for the proposed construction of a dock master's accessory building and restaurant additions/alterations. It is noted that in addition to any variances that may be granted, Planning Board site plan approval is required. It is also noted that the proposed parking for the restaurant/marina is on an adjacent parcel to the east that the applicant leases, as confirmed by a copy of same submitted by the applicant's agent at the request of the Board. This parking plan is accessory to the principal use as a boat yard/storage facility, and will also require site plan approval by the Planning Board as noted in the Building Department's Notice of Disapproval dated July 27, 2012 which was requested by the Board at the public hearing. FiNDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3}(b}(D. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is in Zone M-II and a dock master's building is a conforming use within the Zone. Currently the restaurant building is undergoing substantial renovations that will improve the character of the neighborhood by once again Page 3 of 4 - August 16, 2012 ZBA File#6575 - Mill Creek Parmers, LLC CTM: 1000-56-7-2 allowing the facility to be open for business, rather than continuing to be an unsafe, unoccupied structure with an unsightly appearance and subject to further deterioration. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Due to the size and shape of the property, and the fact that approximately 40% of the property is underwater, and that all of the remaining land has bulkheads, it is not possible to build a dock master's building in an appropriate area of the marina, or to build any additions to the restaurant building without the granting of variance relief from the Town Code bulkhead setback requirements. 3. Town Law §267-b{3}{b}{3}. The variances granted herein are mathematically substantial, representing 80% relief from the code required 75 feet bulkhead setback for the proposed new dock masters building, and 40% relief from the required bulkhead setback for the restaurant building additions and alterations. However, there is no conforming area adjacent to the marina in which to locate the proposed dock master's building, which will be utilized only by patrons of the marina for toilets, showers, clothes changing, etc and as a marina office on the second floor. Furthermore, notwithstanding the fact that the existing principal building does have a nonconforming bulkhead setback, this structure has been used as a restaurant at this same location with the same setbacks for many years. 4. Town Law §267-b{3)(b){4) No evidence has been submitted to suggest that a variance at this coastal marine location will have an adverse impact on the physical or environmental conditions in the neighborhood. The dock master's building will be connected to a new septic system that will accommodate both the marina building and the renovated restaurant. The site's septic system and the storm water containment system are both subject to approval by the appropriate regulatory agencies. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the pamel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dock master's building associated with the on-site marina, and additional seating and a new entrance for the restaurant building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Weisman, Chairperson, and duly carried, to GRANT, the variances as applied for, and shown on the site plan SP1 including sheets 1-5, drawn by Samuels & Steelman, Architects, dated May, 3, 2012. The proposed new onsite septic system for the Dock Masters Building is shown on SP2 dated March 2, 2012, and revised May 23, 2012, and July 9, 2012, subject to the following condition; Page 4 of 4- August 16, 2012 ZBA Filc#6575 - Mill Creek Partners, LLC CTM: 1000-56-7-2 CONDITION: 1. These variances are subject to approval from the Health Department and the DEC, the Town's Storm Water Management Officer, and site plan approval from the Planning Board That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature £or an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes; Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing ~ ////7 /2012 {STALE MATCH LINE SEE SHEET MATCH LINE SEE SHEET SP / SITE DATA SCTM # 1000-56-07-02 PROPERTY: 64300 Route 25 ADDRESS Greenport, NY 11944 OWNER: MILL CREEK PARTNERS, LLC SITE: 142,441 SQ.FT. = 3.27 ACRES LAND UNDER WATER: 57,885 SQ FT ZONING: M-II SURVEYOR: Hands on Surveying 26 Silver Brook Drive Flanders, New York 11901 LICENSE #050363 DATED 6/22111 ® ® PIGNIG SOUTHOLD BAY SITE PLAN SCALE: 1" = 40'-0" PARKING TOTAL 53 RECEIVED BOARD Of APPEALS 1110 DRAWN BY: UT CHECKED BY: NS DATE: MAY 3, 2012 SCALE: 1" = 40'-0" SHEET TITLE: SITE PLAN SHEET NO: SP1 Iq" I ;r.5~ ~ ~.AC.,~ PROl, I E~UU~HEAD' FLOOD TO~' O~= E~AN~ ' I I U U FLOOD ZONE ~P. AVEL ~t~.l Vt=~"r' PARTIAL ENLARGED SITE PLAN SCALE: 1/4" = t' -0"' FINAL MAP REVIEWED BY SEE DECISION RECEIVED ~OAP, D OF APPEALS NOTICE OF DISAPPROVAL DATE: MAY 3, 20'12 SCALE: 114" = 1' - O" SHEET TITLE: PARTIAL SITE PLAN SHEET NO: 1 BOARD MEMBERS0 f SO�r Southold Town Hall Leslie Kanes Weisman,Chairperson Oy�� y�l 53095 Main Road• P.O.Box 1179 ti O Southold,NY 11971-0959 Eric Dantes * Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning '.2� �� 54375 Main Road(at Youngs Avenue) Ken Schneider COU Southold,Southold,NY 11971 http://southoldtown.northforic.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 • Fax(631)765-9064 September 20, 2013 Eugene Burger Burger Construction, Inc. P. O. Box 934 Cutchogue, NY 11935 RE: De minimus request Mill Creek Partners, LLC ZBA#6575 Dear Mr. Burger, I have reviewed your letter dated August 28, 2013 and the proposed second floor plan that you submitted with your request for a de minimus determination. I presented your request to the members of the Board of Appeals at our Special Meeting on September 19,2013. Since you do not propose any bulkhead setback changes to the variances granted in decision#6575,the Board has determined that your requested modification is de minimus in nature. However, no plumbing is permitted on the second floor,as this would not be deemed de minimus. I will instruct the office to send a copy of this letter and a stamped approved copy of the building plan with your request to the Building Department so that you can apply for a building permit. If you have any questions, please call the office, me rely, � t s Weis an Chairperson/Dept. Head BURGER CONSTRUCTION , INC . August 28, 2013 l; L,� SEP 16 201J�!� Southold Town Building Department 54375 Route 25 Southold,N.Y. 11971 RECENED SEPI 9 2013 Re: Mill Creek Dockmaster Building `BOARD OFAppEALS To whom it may concern, I, Eugene Burger, representing Mill Creek as owner and contractor, am requesting a formal release for a minimus 2' cantilever on the second floor of the Dockmaster Building toward the Bay side. The footprint of the building will remain the same. Thank You, Eugene Burger Burger Construction r()s] ('t' l ( iio (; L 1 N_) 1191s IL1INWNI Gil -_ i , -s, I- I4A( b111-1 61 ] - i-5'4'1 cz Li U. FINAL MAP REVIEWED BY ZBA VOCXNASIMS SEE DE 1 ;K &M— OFFICE DATED_ I— Ay-� u LLi SEP 16 2013 L SECOND FLOOR PLAN SCALE: 1/4" = 1' -0" SOUTH ELEVATION SCALE: 114" = 1' -0" NORTH ELEVATION SCALE: 114" = 1' -0" The Mill Creek Marina EAST ELEVATION SCALE: 1/4" WEST ELEVATION SCALE: 1/4" = 1' -0" · SECOND FLOOR PLAN SCALE: 1/4" = 1' -0" H.G. = :OtflEJ~ ROOM H.G. TOILET ROOM H~,. TOILET V~NI~IN~ O~. ~AI;~,A~=q~ AIaEA FIRST FLOOR PLAN SCALE: 114" = I' -0" WED BY ZBA I CIS,ON # ~/~ /_~ RECEIVED BOARD OF APPEALS 1110 MAY 3, 2012 TITLE: PLANS & ELEVATION,~ NOTICE OF DISAPPROVAL N~ La~n p~r s~;~nclorcl~) MAIN ROAD (STATE ROUTE 25) N¥~DOT P~vincj NE/Al fa. AMP UP EXISTIN® Ft~.AME BUILOlN® (~.ESTAU~ANT) O~ck. lnc] D~cklncj I~cklng Oacklnc] RAblP UP Nt=I~I F:LOATIN~ BOAT BASIN Priv~a~j P. AhdP UP :.D? I BY ZBA APPEALS REVISIONS: UJ m UJ m I '~ '~' "~'~ 1110 D~WN BY: UT CHECKED BY: NS IDATE: MAY21, 2012 118" = t' - 0" ENLARGED SITE P~N LOADIN~ t(..I Td.N~N L ~'N'n~Y O DAm O Oooooo HAIN LOBBY ~I~ITIN~ ~ °D G© I"~IN t~NTI~¥ HAIN DININ~ ROOH C) o o 0 0 0 HAt, INA O O FIRST FLOOR PLAN SCALE: 118' = 1' RECEIVED BAY 2 3 2012 BOARD OF APPEALS n,, ~- "-"' ~oLLI z O D~WN BY: NS CHECKED BY: NS DATE: MAY 2t, 20t2 SCALE: tl8"=1'-0" SHEET TI~E: FIRST FLOOR PLAN SHEET NO: I ~ II L4 4 II ~ LJ ~ II U I EAST ELEVATION SCALE: 118" = 1' -0" pROPOSED EXTERIOR RENOVATIONS t. REMOVE EXIST. DECK 2. NEW COVERED ENTRY 3. NEW ENTRY DOORS AND SIDEMTES 4. NEW METAL RAILING AT DECKS 5. NEW WINDOW ABOVE ENTRY 6. REMOVE EXIST. SIDE DOOR 7. NEW STONE WALL AT ENTRY __ ~---- :FI I III II ~_---HI U u II U II WEST ELEVATION SCALE: 118" = 1' ,.0" PROPnR~n EXTERIOR RENOVATIONS 1. NEW DECK 2. NEW METAL RAILING AT DECKS 3. NEW WINDOWS AT SECOND FLOOR SOUTH ELEVATION SCALE: 118" = t' -0" PROPOSED EX'I~RIOR RENOVATIONS 1. NEW FRENCH COORS AT ROOF DECK 2. NEW METAL RAILING AT DECKS 3. NEW WINDOW AT MAIN GABLE ' I NORTH ELEVATION SCALE: 1/8" = 1' -0" PROPOSED EXTERIOR RENOVATIONS 1. REMOVE EXIST. BRICK AT RAMP WALLS & ENTRY 2. NEW STONE VENEER AT EXIST. & NEW RAMP WALLS 3. NEW ENTRY - SEE EAST ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~' I/(~ RECEIVED MAY ~ ~ 2012 BOARD OF APPEALS LU DRAWN BY: NS CHECKED BY: NS DATE: MAY 21, 2012 SCALE: 1/8"=1'-0" SHEET TITLE: BUILDING ELEVATIONS SHEET NO: MATCH LINE.SEE~SHEET SP MATCH LINE SEE SHEET SP 4\ / SITE DATA SCTM # PROPERTY: ADDRESS OWNER: SITE: LAND UNDER WATER: 57,885 SQFT 1000-56-07-02 64300 Route 25 Greenport, NY 11944 MILL CREEK PARTNERS, LLC 142,44t SO.FT. = 3.27 ACRES 2 - t{Y SLIPS "' I " ZONING: M-II SURVEYOR: Hands on Surveying : "s~",.~,~ : / : r ....... '"'" ~RAVEL ZONe X 26 Silver Brook Drive Flanders, New York 11901 LICENSE #050363 DATED 6/22/11 LOCATION MAP SOUTHOLD BAY /" """%-"-.,~. '" ;"'" ' ~i' ~UIREMENTSREsTAU.~.T: .- 'Et ¢ LEADED DY PflLL\~ ?t ,.. t I SPACE PER 3 SEATS OR 1 SPACE PER t00 SF OF FLOOR CREEK PA~E~ D/I/12 ~', ~ , ~ .. ~ AREA WHICHEVER IS GRATER ~ADDITIONAL INFORMATION) ~ ...... > 'k % "~, / TOTAL SEATS CALCU~TION: ~ m.c~uc X ~,, '~',,, ~ t INTERIOR - 180 SEATS = 60 SPACES ~, X "X,~ ~".~ SQUARE FOOTAGE CALCU~TION: --~ / "~ '"~ FIRST FLOOR PUBLIC AREAS: 3,117 SF / 100 = 31.17 SPACES } -- ~ .--"~--- ----~--~,,~,, '.~ '~, SECOND FLOOR PUBLIC AREA:ToTAL 56.252'509 SF 1100 = 25.09 SPACE,sPACES ~ .. [ , ,. t~ THE TOTAL NUMBER OF PARKING SPACES IS GREATER WHEN -~_.~. v ~ ....... ]~ ~ ~"~t' MAT~N~ S~H~3~ THE CALCULATION IS BASED ON THE TOTAL NUMBER OF [~ , ~ ~ ',,, ~ MATCHLINESEESHE~SP4 SEATS, THEREFORE 60 SPACES WOULD BE REQUIRED. .... .. MARINA: -'"- ", 1 SPACE PER BOAT SLIP ~ < / '.... ',..~, 50 BOAT SLIPS = 50SPACES . '"'"'~"', '"'"""k~ ACCESSIBLETOTAL PARKING SPACES REQUIRED: 110 SPACES w/5 HC - ' TOTAL PARKING SPACES PRODDED: 111 SPACES w/5 HC ACCESSIBLE " ..... " BOAT SLIPS LA~ L~H~ o~ MARINA: ~ELINEA~ ~ 5UFFOL~ t (6) 18.5' WIDE SLIPS E~ON~NT~ CO~LT~Ne, (t6) 13.5' WIDE SLIPS '.. I.) EXISTING BOAT SLIPS: 50 SLIPS Y~ (~ ~ '-~ PROPOSED BOAT SLIPS: 50 SLIPS ~E UNE ALONG MEAN HIGH WA~ MARk3 PARKING TOTAL 111 SITE PLAN SCALE: 1" = 40'-0" ZBA REVISIONS: May 23, 20t2 ADJACENT PROPER'rY July 9, 20t2 BOAT YARD o aROd~~T NO: 1110 DRAWN BY: UT CHECKED BY: NS DATE: March 2, 2012 SCALE: SHEET TITLE: SITE PLAN SHEET NO: S A M U E L S & S T E E L M A N July 31, 2012 Ms. Leslie Weisman, Chairperson Zoning Board of Appeals Town of Southold Town Hall Annex 54375 Route 25 Southold, NY 11971 BOARD OF APPEALS Re: Mill Creek Inn & Marina 64300 Route 25 Greenport, NY 11944 SCTM # -1000-56-07-02 Dear Ms. Weisman, As requested at the Public Hearing for Mill Creek Inn & Marina, we are submitting (6) six copies of the following information: 1. Site Plan indicating the proposed location of the Boatyard and Parking on the adjacent eastern property which is being leased by Mill Creek Partners, LLC. Notice of Disapproval from the Building Department, indicating that only Site Plan Approval is required for the Boatyard. The Planning Board suggested that our office apply for the Notice of Disapproval to determine if the Boatyard was a Permitted Use and if any variances or if Site Plan Approval would be required. 3. Copy of the Lease between Mill Creek Partners, LLC and the owner, Principi Properties, LLC. for the Property known as 64600 Main Road, Greenport. If we can answer any questions or provide any additional information, please do not hesitate to call. Sincerely, itects TO: Nancy Steelman Principi Prop. LLC 25235 Main Rd. Cutchogue, NY 11935 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 27, 2012 Please take notice that your application dated July 17, 2012 For permit for a Boatyard with Parking at Location of property: 64300 Rt. 25, Greenport, N_Y_ County Tax Map No. 1000 - Section 56 Block 7 Lot 4. I Is returned herewith and disapproved on the following grounds: Pursuant to Article Xlll, Section 280-55, Site Plan approval from the Southold Town Planning Board is required. CC: file, Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. LEASE AGREEMENT entered into as of M LEASE AGREEMENT (this "Lease"), is mad~ and ay ,2012, by and between PRINCIPI PROPERTIES, LLC a New York limited liability company having an address at ("Landlord") and MILL CREEK PARTNERS, LLC, a New York limited liability company having an address at P.O. Box 326, Cut~hogue, New York 11935 ("Tenant"). 1. PREMISES. Landlord is the owner of those certain premises known as (i) 64600 Main Road, Southold, New York, (ii) 25 Dolphin Way, Southold, New York, and (iii) 60 Dolphin Way, Southold, New York (collectively, the "Premises"). A. The term of this Lease shall be for twenty (20) years, ~mmencing on the date hereof and ending on the last day of the month in which the twentieth (20th) anniversary of the date hereof occurs (the "Expiration Date"), unless sooner terminated or extended as provided herein (the "Term"). 3. FIXED RENT. A. Tenant shall ~ to Landlord for the lease of the Premises for ; term as follows: (i){ execution of this Leas~, and , on the his Lease. Other than Fixed Rent, no other payments are due or payable to Landlord hereunder. B. For the purpose of this Lease, the first "Lease Year" shall refer to the period from the date hereof until the last day of the month in which the first anniversary of the date hereof shall occur. Each subsequem Lease Y~ar shall refer to each subsextuent period of twelve (12) consecutive calendar months during the Term. C. Tenant shall accept delivery of the Premises in its "as is" condition. USE. Tenant may use the Demised Premises for any lawful permitted use. COMPLIANCE WITH LAW. During the Term, Tenant, at its expense, shall comply with all laws, rules, and regulations made by any governmental authority having jurisdiction over the Premises. 6. ALTERATIONS. A. Tenant, at Tenant's cost, may install such tenant improvements in the Premises as Tenant deems necessary or desirable for th~ conduct of Tenant's business therein. During the Term, Tenant may make any non-structural alterations, improvements and additions to the Premises without obtaining Landlord's consent. Notwithstanding the foregoing, Tenant shall not make any alterations, improvements, additions or repairs in, on, or about the Premises which affect the structure of any building without Landlord's prior written consent, which consent shall not be unreason, ably withheld, conditioned or delayed. Landlord shall be deemed to have approved any Improvement proposed by Tenant ~mless Landlord disapproves of Tenant's proposal in writing (which disapproval shall specify Landlord's reasons for such disapproval) within fourteen (14) days of receiving Tenant's proposal and request for consent. B. Tenant shall not permit any mechanics' or materiaimen's hens to be levied against the Premises for any labor or material furnished to Tenant or to its agents or contractors; provided, however, that Tenant shall not be required to pay or otherwise satisfy any claims or discharge such liens so long as Tensm, in good faith and at its own expense, contests the same or the validity thereof by appropriate proceedings and posts a bond or takes other steps acceptable to Landlord that stay enforcement of such lien. 7. REPAIRS. Tenant, Tenant s expense, stroll keep the Premises in good order and repair. In at ' ,?o~on, of the foregoing, Tenant shall be solely responsible for the maintenance of and for g. END OF TERM. Upon the expiration or termination of this Lease, Tenant shall surrender the Premises to Landlord in vacant, clean condition, except for ordinary wear and tear and damage caused by fire or other casualty. All personal property, furnishings, machinery, trade fixtures, equipment and improvements (trade or otherwise) existing at the Premises ('~renant's Property") shall be the property of Tenant. Upon the termination or expiration of the Term, Tenant may remove Tenant's Property from the Premises no later than the termination or expiration date. Any of Tenant's Property not removed from the Premises on the date the Lease terminates or expires shall be deemed abandoned and shall thereupon become the property of Landlord. 9. INSURANCE. A. During the Term of this Lease, Tenant shall obtain and keep in full force and effect commercial general liability insurance, naming Landlord as an additional insured as its interest may appear from time to time, agaimt liability arising out of Tenant's use, occupancy, or maintenance of the Premises. Such insurance shall provide coverage for and shall be in an amount of not tess than One Million and 00/100 Dollars ($1,000,000.00) for injury to or death of one person in any one ac~eident or occurrence and in an amount of not less than Two Million and 2 00/100 Dollars ($2,000,000.00) for injury to or death of more than one person in any one accident or occurrence. Tenant's insurance shall be pfirrmry with respect to any claim arising out of events that occur in the Premises. Such insurance may be provided under blanket insurance ,policies covering other properties as well as the Premises and shall be maintained with an insurance company rated at least A-VIII or better in Best's Insurance Reports. Upon Landlord's request, Tenant will provide Landlord with a certificate(s) evidencing such insurance. B. Neither Landlord nor Tenant shall be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage ' ' to any building, structure or other tangible property, or any resulting loss of income and benefits, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Landlord and Tenant shall require their respective insurance companies to include a standard waiver of subrogation provision in their respective policies. 10. INDEMNIFICATION. Tenant shall defend, ind~v_nify, and hold Landlord and Landlord's agents, officers, directors, employees, and conlmctors harmless against and from any and all injuries, costs, expenses, liabilities, losses, damages, injunctions, suits, actions, fines, penalties, and demands of any kind or nature (including reasonable attorneys' fees) arising in connection with any and all third party claims arising out of (i) injuries occurring within the Premises; (ii) any intentional acts or negligence of Tenant or Tenant's agents, employees, or contractors; (iii) any breach or default in the performance of any obligation on Tenant's part to be performed under this Lease; or (iv) the failure of any representation or warranty made by Tenant herein to be t~me when made. This indemnity does not include the intentional or negligent acts or omissions of Landlord or its agents, officers, contractors or employees. This indemnity shall survive termination of this Lease only as to claims arising out of events tint occur prior to termination of the Lease. 11. ASSIGNMENT AND SUBLETTING. Tenant shall have the right without Landlord's consent to assign or sublease this Lease without Landlord's consent. 12. REAL ESTATE TAXES. A. The term "Real Estate Taxas" means real estate taxes and assessments payable with respect to the Property that are imposed by any authority having the power to tax any legal or equitable interest of Landlord in the Property; provided, however, that assessments shall be prorated and divided into the maximum number of installments permitted by law and only the current portion shall be included in Real Estate Taxes for any Lease Year. Notwithstanding the foregoing, Real Estate Taxes shall not include (a) any inheritance, estate, succession, transfer, gift, Ihmchise, or capital stock tax; (b) any income taxes arising out of or related to ownership {L~we / OO617259.E~C / } 3 and operation of income-producing real estate; or (c) any excise taxes imposed upon Landlord based upon gross or net rentals or other income received by it. Commencing on the Commencement Date, for each calendar year Of the Term (prorated for any calendar year falling partially within the Term), Tenant shall pay the Real Estate Taxes for the Property only directly to the taxing authority prior to delinquency, provided that the invoice or statement is received at least thirty 00) days prior to such date. Tenant shall pay Real Estate Taxes only as such taxes become due and payable during the Term, prorated for the first and last years of the Term. Tenant shall not be responsible for any prior Real Estate Taxes affecting the Property. B. Tenant shall have the fight to challenge, at its sole expense, the Real Estate Taxes, and Landlord agrees to provide whatever assistance Tenant may reasonably require. Upon request of Tenant, l.a~ndlord agrees to pay all Real Estate Taxes under protest or in such other maimer as to preserve the right to challenge such taxes. 13, UTILITIES, WASTE REMOVAL. Tenant shall pay, directly to the utility providers, for all water, electricity and other utilities used by Tenant dUring the Term, all of which shall be measured through proper and sufficient meters. Tenant shall, at its sole cost and expeme, promptly dispose of all garbage, ashes and waste arising from the conduct of its 'business. 14. SIGNAOE. Tenant shall be permitted to install signs upon, on or about the Premises, to the maximum extent permitted by law (subject to Tenant obtaining approval therefor from governmental authorities having jurisdiction). 15. DEFAULTS; REMEDIES. A. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (i) The failure by Tenant to make any payment of Fixed Rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of ten (10) business days after Landlord notifies Tenant in writing of such failure; or (ii) The failure by Tenant to observe or perform any of the cov~nts, conditions, or provisions of this Lease to be observed or performed by Tenant, other than/he payment of sums due hereunder, where such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than th/ny (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within such thirty (30) day period and therea/ter diligently pursues such cure to completion. B. In the event of any such uncured default, Landlord may, in accordance with prucedures required by law, pursue one of the following remeOdes: (i) Landlord may terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall surrender possesdon of the Premises to Landlord within thirty (30) {L~t,~ / 0~6! 7259,DOC J} 4 days after written notice from Landlord to Tenant. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, thc cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises for uses similar to Tenant's uses, and the Fixed Rent as it becomes due hereunder. If Landlord relets the Premises, then any rent or other concessions given to the new tenant shall be prorated evenly throughout the entire term of the new lease; or (ii) Landlord may maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease including the right to recover the F~xed Rent as ~t becomes due hemuncler. With respect to any remedy exercised by Landlord, Landlord shall have an affirmative obligation to obtain another tenant for the Premises at a fair market rental and to otherwise mitigate its damages. 16. SUBORDINATION AND ATTORNMENT. This Lease shall be subordinate to ail existing and future mortgages and/or deeds of tm~t on the Premises, and Tenant agrees to subordinate this lease to any futare mortgage of deed of trust and to attom to Landlord's successor following any foreclosure, sale or transfer in lieu thereof. 17. ESTOPPEL CERTIFICATES. Landlord and Tenant shall upon not less than thirty (30) days prior written notice from the other, execute, acknowledge and deliver to the other or its designee(s), a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (ur, if modified, stating the nature of such modification and certifying that this Lease, as se modified, is in full force and effect); (ii) stating the date to which the Fixed Rent and other charges are paid and the amount of any security deposit held by Landlord, if any; and (iii) acknowledging that there are not, to the actual knowledge of the person executing such corfifieate, any uncured defaults on the pm of Landlord or Tenant hereunder, or specifying such defaults, if any, which are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises or this Lease. 18. BROKER. Landlord and Tenant each represem to the other that they have not dealt, directly or indirectly, in connection with the leasing of the Premises, with any other broker or person entitled to claim a commission or leasing fees. Landlord and Tenant each shall indemnify and hold each other harmless from any loss, liability, damage, or expense (including, without limitation, reasonable attorneys' fees) arisin¢ from any claim for a commission or leasing fee arising out of this transaction made by any unidentified broker or other person with whom such p~t~- has dealt. 19. QUIET ENJOYMENT, {1,ea~* 100617259.DOC/} 5 Without limiting any rights Tenant may have by statute or common law, Landlord covenants and agrees that, so long as this Lease is in full force and effect, Tenant shall lawfully and quietly hold, occupy and enjoy the Premises during the Term of this Lease without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming through or under Landlord. 20. NOTICES. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either pan'y to give or serve any such notice, demand or declaration .to the other party, it shall be in writing and sent either by (a) United States mail, certified, return receipt requested, postage prepaid, or (b) by overnight courier service providing for written evidence of delivery, addressed at the addresses set forth on the first page of this Lease or at such address as either party may advise the other from time to time. Notices given hereunder shall be deemed to have been given on the date of delivery (or the first business day thereafter if delivered on a non-business day) by overnight courier or three (3) business days after the date of mailing. 21. MISCELLANEOUS. A. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision hereof or of uny subsequent breach by Tenant or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or Tenant by the person to whom notices are to be addressed. Whenever the right of approval or consent is given to a party pursuant to this Lease, that party shall not unreasonably withhold, condition or delay its consent unless this Lease expressly provides otherwise. B. /n the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party, and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, fire, flood, earthquake, or other casualty or acts of God, the performance of such covenant, agreement, work, service, or other act shall be excused for the period of delay and the time period for performance shall be extended by the same number of days in the period of delay. C. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. {Lease / 006172~9,1DOC/} 6 D. Each of Landlord and Teoant h~by represents and warrants that this Lease has been duly authorized,' executed and deiivored by and on its behal£ and constitutes such party's valid and binding agreement Jn accordance vath the terms hereof. E. If either party brings an action or proceeding to enforce the texms hereof or declare rights hereunder, the prevailing party in any such sztion, proceeding, trial or appe, fl, shall be entitled to its reasonable attorneys' fees to be paid by the losing party as fixed by the court. F. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior.agreement, correspondence or understanding pertaining to any such mat~er shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, sisned by the patties in interest, at the time of the modification. Landlord specifically acknowledges that Tenanfs employes at the Premises do not have authority to modify the Lease or tO waive Tenant's fights hereunder. O. Except whore otherwise expressly provided in th~ lease, no remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. H. The Lease shall be binding upon and benefit the parties, their personal representatives, sueeeasors and assigns. The Lease shall be governed by the laws of the state where the Pr~nises is located. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. LANDLORD: TENANT: PRINCIPI PROPERTIES, LLC, a New York limited liability company MILL CREEK PARTNERS, LLC a New York limited liability company Title: Member By:,,, Name: John lngrllli Title: Member 7 D. Each of Landlord and Tenant hereby represents and warrants that this Lease has been duly authorized, executed and delivered by and on its behalf and constitutes such party's valid and binding agreement in accordance with the t~ms hereof. E. If either party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, proceeding, trial or appeal, shall be entitled to its reasonable attorneys' fees to be paid by the losing party as fixed by the court. F. This Lease contains all agreements of the pattie~ as of the date hereof with respect to any matter mentioned herein. No prior agreement, co~espondance or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that Tenant's employees at the Premises do not have authority to modify the Lease or to waive Tenant's rights hereunder. O. Except where otherwise expressly provided in this lease, no remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with ail other remedies at law or in equity. H. The Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. The Lease shall be governed by the laws of the state where the Premises is located. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above LANDLORD: PRINCIPI PROPERTIES, LLC, a New York limited liability company By: Nam. e: Title: Member TENANT: ., By: 11~/ be/ ~ [ I/ Jokn : Member {Le~se / 00617259.DOC/} 7 New York Stare'Department of Environmental Conservation Notice of Ineomplete'Applicatlon - This is NOT a permit Applicat~onlD: 1L4738-03462/00006 Batoh Numbe~: 693742 Facility: l~ll I CREEK INN & MARIiqA 64300 MAIN RD (RTE 25) - 450' W/O DOLPHIN DRJSCTM1000-56-7-2 SOUTHOLD, NY 11971 Contact: SUFFOLK ENVIRONMENTAL CONSULTING ]NC PO BOX 2003 . BRH)GEHAMPTON, NY 11932-2003 Owner/D: 1474064 RECEIVED ~ermit{s) Applied far: 1 -'See'don 401 - C1ea~ Water Ae~ Water Q.allty C~cafion l - ~cle 25 Ti~ W~ 1 - ~c~ 15 Title 5 ~ca~on & Fill ~ Navi~ble W~ Project .Lo~arlon: in SOUTHOLD in SUFFOLK.COUNTY BOARD OF APPEALS Your application for Permit is incomplete. The following items:are required: l) Project plans. Submit 4 copics Additional lnfotmatlon: Please revise the project plans dated March 13, 2012 as follows: (1) ~,,.lim'i'n~.te the new septic system proposed for tho Dock ~ B~lrl~'-g. St~mdards for this structure ca-,~ot be met, Considex us,h~ the system ~y installed for. the main building. This aspect of your proposal docs not appear to be reasonable or necessary. (2) Replace the proposed w~sterly.50 linear feet of rip-rap with a low sill bulkhead. Instead of extending thc tip-rap out into thc vegetated wetland, return thc low sill b.llrhe~l landwaxd to mcet thc dp-rap at the ~ This should.provide crosion protc~Xion tO the intcr-tidal marsh without cutting off tidal flow as thc rip-rap may. - .... '- (2)replace OUN '2 7 2012 . Please submit requested ~ortna~on m sr, c s~ ~ STO~ fi~oo~so cmc~ ~ f STO~ BR~ ~ 11790 · TelephoneNurnb~r:(631) 4a, a..0359 18/IO 39Vd SII~3d la 93~SAN 09£8-~-1E9 IE:SI ~10~/9~/90 OCOUNTY OF SUFFOLK Steven Bellone SIJFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner June 1, 2012 Division of Planning and Environment Town ofSouthold ZBA PO Box 1179 Southold, NY 11971 A~: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as them appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicant Mill Creek Partners LLC Municipal File Number #6575 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPlER (631) 853-4044 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: MEMORANDUM Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman '~;-~, Members of the Planning Board Date: June 26, 2012 Re: Request for Comments for Mill Creek Partners, LLC Located at 64300 NYS Route 25, 424' west of Dolphin Drive, Greenport SCTM#1000-56-7-2 ZBA#6575 The Planning Board has reviewed the requested variances to construct a dock master's building less than 75' from an existing bulkhead (+15') as well as the proposed addition/alterations to the restaurant less than 75' from the existing bulkhead (+45') and generally has no objection. The subject parcel is zoned Marine-II (M-II) and is located in Greenport where the proposed uses of a marina and restaurant are consistent with the Town Code and the Town's Comprehensive Plan. The proposed dock master building appears to not cause concern since the proposed area has historically been used for boat storage and parking. Furthermore, the restaurant currently exists within 75' of the bulkhead and the addition/alterations would appear to not have a detrimental impact on the surrounding area. The above-referenced proposals would further the goal of the Town's Comprehensive Plan to enhance the Town's waterfront while maintaining its fundamental characteristics. There may be an additional variance needed for this application. The site plan being reviewed by the Planning Board displays 77 parking stalls on the adjacent parcel to the east (TM#1000-56-7-4.1) without a principal use. Thank you for this opportunity to provide comments. Please be advised that the Planning Board is currently in the middle of its site plan review process for this application and reserves the right to make any necessary changes to the site plan after reviewing all proposals thoroughly. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED ~OARD OF APPEAL~ MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June22,2012 Re: Coastal Consistency Review for ZBA File Ref. MILL CREEK PARTNERS, LLC #6§75 SCTM#1000-56-7-2 MILL CREEK PARTNERS, LLC ~6575 - Request for Variance from Article XXII Code Section 280- 116(B) based on an application for building permit and the Building Inspector's February 29, 2012, revised May 7, 2012 Notice of Disapproval concerning permit to construct a dock master's building and addition/alteration to existing restaurant, at; 1) dock master's building at less than the code required bulkhead setback of 75 feet, 2) additions/alterations at less than the code required bulkhead setback of 75 feet, located at: 64300 Route 25 (adj. to Southold Bay) Greenport, NY. SCTM#1000-56-7-2 The dock master building includes two bathrooms and a shower on the first floor. The dock masters office would be located on the second floor. The plans do not include sanitary systems to dispose of sanitary waste from the facilties. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southeld Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed dock master building is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quafity standards. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. Policy 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. Protect water quality by ensudng that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards The proposed action does not meet or further Policies 5.1 and 5.4 (above). The building proposes two bathrooms and a shower; no sanitary disposal systems or methods are indicated on the plans. Note: That the minimum setbacks from a wetland boundary pursuant to § 275-3. Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] are: [3] [4] Sanitary leaching pool (cesspool): 100 feet. Septic tank: 75 feet. Any decision regarding the location of a future sanitary system (if any) should be made to comply with this requirement to insure that the safety, the health, the welfare of the Town will not be adversely affected by the proposed use and its location. It is my determination that the proposed additions/alterations at less than the code required bulkhead setback of 75 feet (restaurant) is CONSISTENT with the below listed LWRP polices and therefore CONSISTENT with the LWRP. (b) Improve the economic viability of water-dependent uses by allowing for non-water dependent accessory and multiple uses, particularly water enhanced and maritime support services where sufficient upland exists. The term water-enhanced use means a use or activity which does not require a location adjacent to coastal waters, but whose location on the waterfront adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment in nature. These uses may be necessary for the successful financial operation and viability of water-dependent uses. The improvement of the restaurant (water enhanced use) supports the above policy. Note: That the Board of Trustees issued a permit (TR-9671) for the action on November 16, 2011. A Storm Water Pollution Prevention Plan will be required in the site plan review process. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL TO: Mill Creek Partners, LLC c/o Samuels & Steelman Architects 25235 Main Rd. Cutchogue, NY 11935 DATE: February 29~ 2012 Revised: May 7, 20~[~CEIVED Please take notice that your application dated February 14, 2012: BOARD OF APPEALS For permit to construct dock master's building and addition/alterations at: Location of property: 64300 Rome 25 Greenport, NY County Tax Map No. 1000 - Section 5~6 Block 7 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed construction of a dock master's building on this conforming waterfi-ont lot consisting of 142,441 sq. fi. in the M-II District is not permitted pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." Site plan shows proposed structure at 15.25 +/- feet from the bulkhead where 75 feet is required. In addition the proposed addition/alterations to the restaurant indicate an approximate 45' setback from the bulkhead. Note: Pursuant to Article XXIII, Section 280-127, the proposed addition/alterations to the principal building require site plan approval. Additionally pursuant to Section 280-55 the proposed restaurant requires site plan approval from the Southold Town Planning Board. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: ~e, Z.B.A., Planning RECEIVED Fee: $ Filed By: Assigm~ent No. ~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 64300 Street Route 25 Hamlet GreenpOrtBOARD OF APPEALS SCTM looo Sectlo. 56 Block 07 Lot(s) 02 Lot Size 3.27 AC Zo.e M-II I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Rev 517112 BASED ON SURVEY/SITE PLAN DATED 511312 Applicant(s)/Owner(s): Mill Creek Partners, LLC ~nain.g Addres5: P.O. BOX 326 Cutchogue, NY 11935 Telephone: 734-6405 Van: 734-6407 Email: burgerconstruction@aol.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Nancy Steelman .for[~Dwne4-~Other: 25235 Main Rd. Cutchogue, NY 11935 Address: 734-6405 734-6407 Telephone: Fax: Email: nancy@samuetsandsteelman.com Please check to specify who youo2jJJt correspondence to be mailed to, frqll~e above names: ~Applicant/Owner(s), I~lAuthorized Representative,u Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May 3. 2012 and DENIED AN APPLICATION DATED Feb 14 2012 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: xxH Section: 250 Subsection: 115 Type of Appeal. An Appeal is made for: r~A Variance to the Zoning Code or Zoning Map.  A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article. Section [~Reversal or Other A prior appeal ~'] has, [] has not been made at any time with respect to this property, UNDER Appeal No(s). 6150, 4313 Year(s). 1/8/09 and 6/7/95 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File # __ RE:XSONS FOIl. AI~PEAL (additio,al xheets may bt' us'ed ~,~ith prepttrer's signatttre): .IRE. I I ~4RL. I.¥CE RE.qSONS: R~-CEIVED MAY 2 3 2012 (1) Au undesirable change ~,ill uot be prmluced in the CIIARACTER of th[B(~Clill~rOa~aq&P~ALS detriment to nearby properties il' granted, because: See A~ached (2) The benefit suught by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See Attached (3) The amount of relief requested is not substantial because: See Attached (4) The variance will NOT have an adverse elTect or impact on the physical or environmental conditions in the neighborhood or district becanse: See A~ached (5) ttas the alleged difficnlty been self-created'! [~'qYes, or [~No. Are there Covenants and Rcstrictiuns concerning this land: [~Nu. r--'~Yes (please fitrtti.~h cop;'). This is tile MINIMUM that is necessary and adeqnate, and at tile same time preserve and protect the character of tbe neighborhood and tile health saint'.', and welfare of the community. Check this box ~ IF A t/SE 1:4RI~tN~'Ii IS BEING//RI:.QU£'STI~, /IND PLEMSE COMPLETE THE ~i~ature~ppellant or Authorized Agent Notar) Public RECEIVED REASONS FOR APPEAL MAY 2 3 20;2 Owner: Mill Creek Partners, LLC BOARD OF APPEALS Area Variance Reasons: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or be a detriment to nearby properties if granted, because: Restaurant Addition: The proposed one story covered entry will not produce an undesirable change in the character of the neighbor because it will be architecturally similar to the existing building and will be open on three sides. Dockmaster's Building: The proposed Dockmaster's Building will not produce an undesirable change in the neighbor because it is located approximately 310 feet from the Main Road and will be in the rear of the existing restaurant. It will be only be visible from the Restaurant/Marina and the adjacent marina. The adjacent marina consists of several building similar in scale to the proposed Dockmaster Building and will be in keeping with other structures in the surrounding area. Architecturally, the building will be similar to the existing restaurant, in the detailing and the exterior materials. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance because: Restaurant Addition: The existing Restaurant is located within the 75 feet bulkhead setback and any addition to the existing building will require a variance. The proposed addition is 45 feet from the existing bulkhead. Dockmaster's Building: The existing restaurant, marina and required parking areas limits the location of this proposed building. The building is proposed in a location which is centrally located to the marina and is bordered by the marina basin and parking on two sides. There is a 22' wide driveway and a 25' side yard setback to the east of the building. The narrow band of property between the side property line and the top of bank at the marina basin seriously restricts the location of this building. There is not any other location on this site, where the building could be located where a variance would not be required. (3) The amount of relief requested is not substantial because: Restaurant Addition: The amount of relief is not substantial because the existing building is approximately 6 feet from the bulkhead and the proposed addition is 45 feet from the bulkhead. Doekmaster's Building: The Dockmaster Building is a support building for the Marina and for the boat owners. This building will house toilet rooms and a shower for the boat owners and an office for the Dockmaster. It will serve as the only support building for a 50 slip marina. The total area of the two story building is 660 SF. Currently, the toilets rooms for the Marina are in port-o-pottys on an existing deck, which will be removed. The existing restaurant building on this site is located 6 feet from the bulkhead and several Marina buildings throughout the Port of Egypt, are located directly adjacent to the bulkhead so as to support the marina operations. Many of these building are substantial in size compared to the proposed Dockmaster's Building. Therefore the amount of relief is not substantial due to it's small size and the precedent set by the surrounding marina buildings. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: If granted, the variance will not have an adverse effect or impact on the physical or environmental conditions because all rainwater runoff with be retained on site with the use of underground drywells and the sanitary system will meet the Suffolk County Department .of Health Services standards for sanitary waste water. Prepared b:f ReCeiveD MAY 2 3 2012 BOARD OF APPEALS Applicant: Mill APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Creek Partners, LLC DatePrepared: May 21, I. For Demolition of Existing Building Areas Please describe areas being removed: None Dockmaster' s Building 2012 RECSIVED ivm~m~.~ F. UI~ BOARD OF APPEALS Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 3_ 6.5 ' x 20 ' Dimensions ofnew second floor: 16.5' x 20' Deck 4'x 12'-4" Dimensions of floor above second level: none Height (from finished ground to top of ridge): 2 2 ' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no Ill. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 85745 S.F. Proposed increase of building coverage: 545 S.F. (Dockmaster & New Entry) Square footage ofyour lot: 142,441 S.F. - Buildable - 84,556 S.F. Pementage ofcoverage ofyour lot by building area: 10.78% of buildable V. Purpose of New Construction: New Dockmaster' s Building with two accessible Toilet rooms, shower and office VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): 40% of the total site area is underwater and is currently beinq used as a marina. The marina is not bulkheaded currently. Applica- tions are pending with DEC and Trustees for approval of the bulk- h~ad. Th~ Dockm~gt~r~ h~ildina is located at th~ top of a hank that slopes into the marina basin-~The flat area between the top of the Please submit seven (7) photos, labeled to show different angles of yard areas a~er staking corners Mr new construction), and photos of building area to be altered with yard view. 7/2002; 2~005; 1/2007 VI Cont ' d bank to the eastern property line is 41'6" wide. The side yard setback is 25' which allows 16'6" for the width of the proposed structure. The building is 19' from the proposed bulkhead and the 2nd floor deck is 15'3" from the bulkhead. APPLICANT'S PROJECT DESCRIPTION Addition to Restaurant (For ZBA Reference) Applicant: Mill Creek Partners, LLC Date Prepared: May 21, 2012 1. For Demolition of Existing Building Areas Please describe areas being removed: None RECEIVED I1. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 12 ' x 18 ' Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge): 14 ' - 6" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no BOARD OF APPEALS lIl. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 8 5 7 4 5 S.F. Proposed increase ofbuilding coverage: 545 S.F. (dockmaster & new entry) Square footage ofyour lot: 142,441 S.F. - Buildable - 84,556 S.F. Percentage of coverage of your lot by building area: 10.7 8 % Bui 1 dab 1 e V. Purpose of New Construction: existinq restaurant New covered entry and terrace to an VI. Pleasedescribethelandcontours(flat, slope %,heavilywooded, marsharea, etc.)onyourland andhowitrelatestothedifficuIWin meetingthecoderequirement(s): The land contours in the area of the proposed addition, do not Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RECEIVED ls the subject premises listed on the real estate market for sale? [] Yes [~qo BOARD OF APPEALS Are there any proposals to change or alter land contours? :~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Ye s 2) Are these areas shown on the map submitted with this application? }re s 3) Is the property bulkheaded between the wetlands area and the upland building area? partially - (See Site Plan) 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: pending approval and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? yes Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? ye s If yes, please submit a copy of your building permit and map as approved by the Building Department anddescribe: Renovations to an existinq restaurant G. Do you or any co-owner also own other land close to this parcel? yes If yes, please label the proximity of your lands on your map with this application. _~x ~'~ and proposed use same amples: e~sti/lg~ single-family; proposed: same ~vith~or pool, or other description.) ~th~rizeTlg~at~re and Date Please list present use or operations conducted at this parcel Marina/restaurant 2/05;1/07 $17.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PARTJ - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR J2. PROJECT NAME M,il IM' ll mn. 3. PROJECT LOCATION: Municipality ~L~(~__[ County ~')~1~ 4. PRECISE L~ATION (S~et address and road interse~ions, prominent landmass, etc., or pm~de map) RECEIVED MAY ~ 3 2012 5. PROPOSED ACTION IS: ~ New [] Expansion r~ M odificafion/alter ation BOARD OF APPEA[.~; 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially , ~, ~ acres Ultimately ac~es 8. VVILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? OYes [~mo ffNo, describebrlefly -- '~/=~.r'~<~.~. ~J~t.)~_.~ ~'~O~'"'~-~k~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Descdbe: iM~ r [r..,~ [] Agriculture [] Park/Forest/Open Space J~ Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? LJ Yes [~ No If Yes, fist agency(s) name and permit/approvals: 11. DOES ANY ASPECT Of THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~] Yes [] No If Yes, list agency(s) name and permit/approvals: ,, , . . IrU*r~r~Itl N k/~- 12. AS A RESULT OF PROPOSED ACTION ~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIF~T ~E~N~R~T~N PROVIDED ABOVE IS TRUE TO THE BE~ OF MY KNO~E~E Appli~nFsponsorname: ~~, ~ Da,: ~/~1 /17 J If the action is in the Coastal Area, and you are a sta.te ag.ency, complete the Coastal Assessment Form before proceeding with this assessment J OVER PART II - IMPACT ASSESSMENT ~1'o be completed by Lead A~lenc¥) A. DOES ACTION EXCEED ANY TYPE l THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r-]Yes DNo B. VV~LLA~T~~NRE~E~VE~~~R~~NATEDREv~EWASPR~~~DEDF~RUNL~STEDA~Ti~NS~N6NYCRR~PART617~6? ffNo, anegative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Ex~sting air quality, surfaco or groundwater quality or quantity, nolco levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or fionding problems? Explain briefly: C2, Aesthetic, agricultural, archaeological, historic, or other natural or cultural resourcos; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quanUty or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~[~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] ~heckthisb~xify~uhavejdentified~ne~rm~rep~tentia~y~arge~rsignificantadverseimpactswhichMAY~ccur- ThenproceeddirectlytotheFULL EAF and/or prepare a positive declaration. [] Check this boxif you have determ ned, based on the information and analysis above and any supporting documentation,that the preposed action WILl. NOT resutt in any s gn fican adverse environmental impacts AND provide, on attachments as necossary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Date Title of Responsible Officor Signature of Responsible Officor in Lead Agency Signature of Preparer (If different fi'om responsible officor) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED MAY 2 3 2012 WHEN TO USE THIS FORM: This form must b_e completed by the applicant for any J~Q~F~PPEALS site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. NameofApplicant:~ ~2~vJFFi~V- 2. AddressofApphcant: ~,O. [~51ox.~2&,:Cot~-~_¼o~,o~, ~,.~1' [{at~ _ 3. Name of Land Owner (if other than Applicant): 4. Address ofLand Owner: 5. Description of Proposed 6. Location of Property: (road and Tax map number)~Z;~:22__ i~.~L~n~ ~2.~. 7, Is the parcel within 500 feet of a farm opei:ation? { } ~es ~..I~o 8. Is this parcel actively farmed? { } Yes l~ No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS (Please asa the back of this page if there are additional property owners) Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their thrm operation. Solicitations will be made by supplying a copy of this statement. 2, Comments returned to the local Board will be taken into consideration as part as the overall review &this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost tbr mailing shall be paid by the Applicant at thc time the application is submitted for review. APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR (Last naq~e, ill:st nan~c, n~i~ldl~ nitial; unless you are applying in the name of someone else 0{ dther enfi~, such as a company. If so, indicate the olher person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance X. Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO /X~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) __ C) an officer, director, partner, or employee of the applicant; or RECEIYED __ D) the actual applicant DESCRIPTION OF RELATIONSHIP _~nARD OF APPEALS Submitted this ~-I xt~ day of~_, Signature ~~. _ /~...~ Print Name ~3.~('~'lfl~. AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers sad employees. The purpose of this form is to urovide information which con alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ~ Gf~-~ (List name, first, name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ,~ If you answered "YES", consplete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater that 5% of tile shares of the corporate stock of the applicant (when the applicant is a corporation) a~io~n )~ __. B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a torpor __. C) an officer, director, partner, or employee of the applicant; or RFCEiVED ___ D) the actual applicant MAY 2 3 2012 DESCRIPTION OF RELATIONSHIP BOARD OF APPEALS Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. Bo A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. RECEIVED C~///~' DESCRIPTION Of SITE AND PROPOSED ACTION MAY 2 3 2012 SCTM# 56 07 02 BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Category of Town of'Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [~ construction, planning activity, agency regulation, land transaction) [-~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Renovations to an existing Restaurant & Marina Site Improvements to include: New Gravel Parking Areas;Underground Utilites;Site Lighting;New Dockmaster/Marina Building;New Landscaping; New Low sill bulkhead, revetment, floating docks, basin/channel dredging. Location of action: 64300 Main Road Site acreageL 142,441 Sq. Ft. (rt 25) Greenport, = 3.27 AC NY Present land use: Restaurant & Marina Present zoning classification: M- 2 If an application lbr the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Mill Creek Partners, LLC (b) Mailing address: p.o. Box 326 Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) 7 3 4 - 5 2 17 (d) AppLication number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [-~ lfyes, which state or federal agency?~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) The site is located on Southold Bay and is in an area that has several Restaurants and Marinas. This site has been used for that purposed for effect~ u£ d~v~lopment by p~uvldln9 ~ ~ Marina ~r~vizutmt~L. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria --I~ Yes [] No [] (Not Applicable- please explain) There are no historical or archeological structures on the property Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No [] (Not Applicable- please explain) The existing restaurant will be maintained as constructed with minor improvement Ail utilitarian and mechanical equipment will be screened with privacy __ fencinq and everqreen screeninq. The architectural style of the buildinq matches other architectural styles in the area. The addition of landscaping, Attach ~Oition~ ~eetsifne~ss~ap2 . quality a±ong the ~laxn Road Corridor. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No [] (Not Applicable- please explain) Ail rainwater runoff on developed portions of the site, will be retained on site with the use of under~round drywells for both the parkin~ area and roof areas. Driveway and parkinq areas will slope away from the marina to the extsuing restauranu. "?'he low sill bulkheads ~ revetments will prevent A~achadditi0naIshee~ifneeess~y further eroszon of the marina basin. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 - Policies Pages 16 through 21 for evaluation criteria [] Yes ~-~ NO [] (Not Applicable - please explain) All rainwater runoff ~rom the proposed addition will be retained on site with the use of underqround drywells. The existinq sanitary system meets current Suffolk County Dept. of Health Services standards for Suffolk County. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [-~ 1No [] (Not Applicable - please explain) No development will take place in the "protected" or natural indigenous environment. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [--~ Yes ~'~ No [-~ (Not Applicable - please explain) The restaurant will meet all required kitchen exhaust requirements. Ail construction vehicles will meet the federal standard for air Pollution air pollution Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The construction and the use of the restaurant/marina will make use of the town's disposal and recycling center. All wastewater "sanitary" will be discharged into an approved SCDHS sanitary system. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] (Not Applicable - please explain) No public land involved. Littoral access unimpeded. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold~s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - pOlicies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No ~-~ (Not Applicable - please explain) The renovations of the existing marina will allow this water dependent use to continue into the future. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~ Not Applicable - please explain The marina will be workin_~ to promote sustainable use of livin_~ marine zmportance of protecE 5he natural environmenE while on the water. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No [] Not Applicable - please explain The property is not in an agricultural area. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1 - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [~ No [~ Not Applicable - please explain The construction will be using equipment approved by the Federal government for energy usage. The winery will meed Federal standards for conserving enerq¥ "energy Star Program" and will use "New York State enerqy conservation and construction code" for construction of the new addition. Prepared~~ S A M U E L S & S T E E L M A N May 21, 2012 Zoning Board of Appeals Town of Southold Town Hall Annex Building 54375 Main Road Southold, NY 11971 MAY ,~ 3 2012 8OARD OF APPEALS Re: Mill Creek Inn and Marina 64300 Route 25 Greenport, NY 11944 SCTM# 1000-56-7-2 Dear Board Members, As per the Notice of Disapproval from the Town of Southold Building Department, dated May 7, 2012 (revised), we are submitting nine (9) sets of the following documents for an Area Variance: 1. Notice of Disapproval from the Town of Southold Building Department 2. Building Permit Application 3. Check for $1000 -(2 Variances) 4. Application To ZBA 5. Project Description 6. Questionnaire Form 7. Authorization 8. Transactional Disclosure Forms 9. LWRP 10. Copies of Previous ZBA Determinations & C.O.s 11. Copy of Current Building Permit 12. Town Property Card 13. Covenants and Restrictions 14. Short Form Environmental 15. Agricultural Data Statement 16. Photographs 17. As Built Survey by Hands On Surveyors 18. Drawings a. Site Plans b. Floor Plans c. Elevations If we can provide any additional information or answer any questions, please do not hesitate to call. !~rsY'and St~lman Architects /Nancy ~t'eelman, R.A. Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) RECEIVED MAY 2 3 2012 BOARD OF APPEALS ~ ~ripg propfrty 5}~qne['s name) (Mailing Address) }l/~Fer2~ I~'~;zr-'O.~.~% LLC. ~ ~~ do hereby authorize ~,~ ~.~. ' (Ageqt) ' . o¢~¢mJq~%~_h ~ ~pply tbr v~i~ce(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) \ (Print OwnerLgName) James Dinizi0. Jr. Robert A. V-flla Lydia A. Tonora BOARD OF APPEALS TOWN OF SOLrrHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: June 7, 1995 APPL. t~4313. APPLICANT: ROY SCHOENHAAR. LOCATION OF PROPERTY: ~4300 Main Road~ Greenport, NY Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS COUNTY TAX MAP DISTRICT 1000, SECTION 56, BLOCK 7, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 10, 1995: "Aceessol~r structures required to be PROVISIONS APPEALED FROM: Article XII, Section 100-122 (ref. Article III, Section t00-33). RELIEF REQUESTED: 12' by 18' e, xistino~ shed (with plumbing near l'efrigeration-eooleralso ene~oaahing side yard setback) located a~ shown on the survey map dated July 9, 1984 prepared by Roderiek VanTuyl, P.C., a dist,uce of between 2.5 aud 4.0 feet from the westerly prope~t~y lille "a~ exists., MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Geehringer, Chaiwm-u ACTION/RESOLUTION ADOPTED: Granted as exists in present location distant 80+ from the Main Road and as sealed 35+- feet from the bulkhead. REASONS/FINDINGS: No alternative leeation is available due to basin a~ud limited upland area; present location is not unreasonable be~m~e it is ve~r close to ~ yami where accessory uses are requirod. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. V_ill,, Member Lydia-A. To~; Member James IMni~io, Member. Gerard P. Goehringer, Chairm~n . IVED AND FILED BY "re't: sou'mu. :a DATE Tov~ C~.~erk, Tol,;,= :. outLold APPEALS BOARD MEMBERS Gerard P. Goehr/nger, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://$outholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 -- RECEIVED['~ TM ~.~.~/2 MAY ~ 3 2012 BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 8, 2009 ZBA # 6150 - SOUTHOLD PROPERTIES LLC, PRINCIPI PROPERTIES PROPERTY LOCATION: 64300 Route 25 (a/k/a Main Road, formerly Mill Creek Inn), Greenport CTM 56-7-2 SEQRA DETERMiNATiON: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. 'SUFFOLK COUNTY ADMINISTRATIVE CODE: This apphcation was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 231 and the Suffolk County Department of Planning issued its reply dated May .28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The subject parcel consists of 131,062 square feet or 3.009 acres with 177 feet fronting on Peconic Bay and 68.75 feet along the Main Road. The parcel is improved with a restaurant (under construction) and existing boat basin and is located in the M-II Marine Zone DiStrict as described on the survey by Hands on Surveying, Martin D. Hands, L.S. dated December 3, 2004. BASIS OF APPLICATION: Requests for Variances under Sections 280-56 and 280-116B, based on the applicant's request for a building permit and the Building Inspector's amended December 4, 2008 Notice of Disapproval concerning as-built construction set back less than 25 feet from the westerly side lot line and proposed deck construction at less than 75 feet from the bulkhead adjacent to tidal water Page 2 of 5 - January 8, 2l~ ZBA #6150 - Southold Properties~l~' LLC, Principi Properties CTM 56-7-2 LWRP DETERMINATION: A Letter from the Town LWRP Coordinator was submitted confirming inconsistency under Chapter 268, Policy 6, Waterfront Consistency Review of the Town of Southold Code and the Local Waterfront Revitalization Program (LWRP) standards. The newly constructed restaurant was rebuilt, on the footprint of a pre-existing non-conforming restaurant with minimal setbacks from the bulkhead (boat basin) along Peconic Bay. In MII zones the 75' setback recommended in Section 268 Policy 6.3 is difficult if not impossible to achieve. In so far as the new exterior deck and ramp construction will enhance the enjoyment of the restaurant on this waterfront, the decks are consistent with LWRP policy since the runoff will be controlled by a drainage infrastructure signed by John Condon, P.E. and which must be designed to be consistence with the Town's Drainage Code and other agency codes. It is noted that all of the land is developed in proximity to the decks, noting the walkway and bullrhead construction that exists on the seaward side of the new decks. The applicant will meet Policy 6.3D by providing adequate buffers to protect the waterfront area, as well following procedures to meet other codes, and th~s will allow a balancing of the code policies to allow the proposed access and continued use. RELIEF REQUESTED: The applicant requests variances for: 1. An one-story extension on a crawl space to the west side of the building with a 4.4 ft. side yard setback, 2. Deck on the seaward easterly side of the building with +/- 1.7', 12.4', and 22.'9' setbacks from the bulkhead, and 3. Deck on the seaward westerly side of the building with 2.2 feet and 18.7 feet from the bulkhead, and 8.6 feet from the westerly side yard set back at the closest point, all as shown on the 9/30/2008 as-built topographical site survey map prepared by Martin D. Hand, L.S. and the attached detail showing the proposed westerly deck (stamped received by the Board of Appeals December 2, 2008). ADDITIONAL INFORMATION: The Building Department issued a building permit (#32~599) which included the storage addition that replaces a previously existing shed and cooler/ After the exterior shell of the building was completed, !the Building Inspector determined that the permit was issued in error and issued a Stop Work Order. The applicant and the Building Inspector agreed that the applicant would apply for a variance and continue work on the rest of the 5uilding in lieu of a challenge to the legality of the Stop Work Order. Page 3 of 5-January 8, 2. ZBA #6150 - Southold Pro]~l:tSes LLC, Principi Properties CTM 56-7-2 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials s~ubmitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance for the as-built westerly extension will not produce an undesirable change in the character of the neighborhoOd or a detriment to nearby properties. The extension replaces a previously existing attached shed, concrete pad and walk in cooler that was on the property with virtually no setback for many years prior to the applicant's acquisition of the property. The ZBA previously granted a variance for a shed (Appeal No: 4313) located at 2.5' to 4' from the westerly side line. This shed has been removed and the as-built extension is much more attractive and increases the side yard to 4.5'. Grant of the variance for the setbacks from the bulkhead for both th~ east and westerly decks will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the decks w..ill not be visible from the landward sides of the property), are open decks congtfucted at the same elevation as the first floor of the restaurant, and have the same or greater setbacks from the bulkhead as the restaurant. The decks will enhance the use of the waterfront and are important to the restaurant's operation. Grant of the 8.6' side yard setback at the closest point for the westerly deck will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties with the conditions noted below. 2..Town Law ~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. There are no other locations available for the westerly extension other than the previous shed location permitted under Zoning Appeal 4313. The only practical location for exterior decks is on the seaward side of the restaurant ~or accessible outdoor purposes which are non-conforming and not permitted Without a variance. 3. Town I jaw §267-b(3)(b)(3). The variance for the as-built extension is not substantial insofar as it replaces an attached shed in the same location, while increasing the side yard setback. The variances for the partially framed and proposed decks are substantial in relation to the setback requirements of the code. 4. ..Town Law .q267-b(3)(b)(5)~ The difficulty has not been self-created. It results from the location of the pre-existing and reconstructed restaurant and bulkhead. Page 4 of 5- January 8, 2~ ZBA #6150 - Southold Propert/es LLC, Principi Properties CTM 56-7-2 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There are other compatible Marine uses in the area with similar nonconforming setbacks from their buildings and structures. The restaurant and boat basin have existed in this location for many years without creating adverse impacts. The proposed decks have no foundation and will be built on 12" sono-tubes at 4 feet below grade to avoid land disturbance close to the bulkhead. 6. Town Law .q267-b. Grant of the relief as applied for on the proposed westerly deck, the partially framed easterly deck and the as built westerly extension are the minimum actions necessary and adequate to enable the applicant to enjoy the benefit of a functional restaurant with outdoor dining, while preserving and protecting the character of the neighborhood and the health) safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to : GRANT the variances as applied for as shown on the drawingby Mark SchWartz, AIA Architect, labeled 1st Floor Plan, Sheet Number A-4 dated May 2, 2008 and as amended on the 9/30/2008 as-built topography map prepared by Martin D. Hand, L.S. and the attached .detail showing the proposed westerly deck, stamped received by the Board of Appeals December 2, 2008, subject to the following Conditions: 1. Both the easterly and westerly decks shah remain unheated and open to the sky, and 2. A line of evergreen trees at least five feet (5') high and three feet (3) apart - on center - shall be planted and continuously maintained to provide privacy screening along the westerly property line for approximately 28 linear feet extending from the bulkhead to the north end of the westerly deck. _That the above conditions be written into the Building Inspector's Certificate of .~Occupanc¥, when issued. Any deviation from the variance given such as extensions, or demohtions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this apphcation when involving nonconformities under the zoning code. This action Page 5 0£5 - Janaary 8~9 ZBA #6150 - Southold l:~erties LLC, Principi Properties CTM 56-7-2 does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oiiva, Dinizlo, Simon and Weisman. This Resolution was duly adopted (5-0). FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT O(fice of the Buildi.g tr~pector Town Halt Soutbotd, N.Y. RECEIVED MAY 2 3 2012 Cerli~icate OF OccuparlcYBoARD OF APPEALS No..z. tq9 7J .......... Date ...... ~.v'r3.z. .~.~ ................. ,1982.. THIS CERI:tFIES !hat-tl~ building ................................................ Location of Property . ;6.42~Q ........... He;fa. :SoB.d ............. .O.v. ff~op.q~.$ ...... House No. Street .... Hamlet County Tax Map No. t000'Section . .056 ....... Block . . .Q7 .......... Lot ...QQ~ ........... Subdivision ..... ~( ......................... Filed M,4p No...~ ..... Lot No.. ]( ......... L. conforms substantially tothe Application for Building Permit heretofore filed in this office dated ...... X ............... , 19... pmsuant to which Buildiug Permit No .... .~ o.e.e.. [Le.~.q~ ....... dated ....... X .................... 19... ~ was issued~ and conforms to all.of the requirements of the applicable provisions of tile law. Tim occupancy for wlfich this certificate is issued is ., e ...... .r~.~F.a. qt..~i.t.h..a.d.d.i~tions & alterations as listed. ' The certff,cate ~s msued to .. . (owner,)~¥r.~)~l ..... ~3-' ............. or the aforesaid building. '" ~" SUffolk County Department of Health Approval . .~ ['DE,q..I~l~l~%..~p.-. ,g..~.. ,0. 1..3.0.~2. 1...~. .... Permit No,02549, 110~ UNDERWRITERS CERTIFICATE NO ~B.P. 107t)5 Z, 6/23/80 to construct root' over exiotin~ deck " 10717 .g,. 6/10/80 to construct laundry room addition I;o exi~l;ing res taurang " 11021 Z, 1/26/81 to make alteratioh3 ~o kltchzn & restaurant Building Inspector ' *!* Fermi t To \ Operate A Service Food Establishment ~o ~-23718 FORM N~. 4 TOW~ OF $(K~THOLD DU tLDING DEP~I~ENT Office of the Building Inspector Town Hall South~ld, N.Y. Date June 21, 1995 RECEIVED ~A¥ 2 3 20~2 BOARD OF APPEALS THIS C~TLFTES ~hmt the building County Tax Map No. 1000 Section 56 street Block 7 L°t Subdivision Filed Map No. Lot No. confo~s substantially to the Application for Building P~rmit heretofor~ filed in this office dated M~Y 10~ 1995 pursuant to which Building Permit No. 22~45--Z d~ted J~NE 21, 1995 was issued, a~d conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certifiTats is issued' is ~xV.~T_!~__A~__~n~n. WITH F~-~xw~ IN SID~YARD OF L"nMMItm~TS, T. ~ A$- ~,J~l~-v~ ~ & a~:i~F,R '~I~*. J4313. The certificate is issued to of the aforeeaiO SUFFOLK COUNTY DEPARTmeNT O~ U~ER~ITERS ~RTtFI~TE NO. PL~BE~ CERTtFI~TI~ DASD Rev. 1/81 N/A ilding Inspector / TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES ...WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONR UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36485 Date: 6117/2011 Permission is hereby granted to: 64300 MAIN RD, SOUTNOLD, LLC CIO SILVERSTONE PROPERTY GROUP 825 THIRD AVENUE FL. 37TH NEWYORK, NY 10022 TO: CONSTRUCTION OF A NEW RESTAURANT BUILDING WITH ATTIC STORAGE ONLY PER DEC, TRUSTEES, SCHD WI FLOOD PERMIT/COMPLIANCE AE(8) - REPLACES PERMIT #32599 RECEIVED At premises located at: 64300 MAIN RD GREENPORT, N.Y. 11944 MAY 2 3 2012 BOARD OF APPEALS SCTM # 473889 S_.ec_l_B~.l_ock_/L_o_.t # 56.-7-2 Pursuant to application dated To expire on 6/17/2011 and approved by the Building Inspector. 12/16/2012. BOARD OF V~ t~ECE~VED BOARD OF AP?EALS ~ECE~VED TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined 20 __ Approved 20 __ Disapproved a/c ~kcdl~_ ~ Expiration ,20 PERMIT NO. Jll F£8 ! 4 2012 FEB ! 4 2012 BUILDiNG PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form ntact: Mail to: ' Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date ~"m_~-). / 4 ,20 1 2- INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted m the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housfi~g code, and [~ulations, and to admit authorized inspectors on premises and in building for necessary inspections. _///~//]/~.~ / (~l~' ~--~;~applicantorname, ifacotpomtion) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises M'III Cr~- ~;lr'4-r'~l~',~. LLC-~ (As on the {ax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 6,4900 House Number Street hamlet' County Tax Map No. 1000 Section t9 ~ Block O 7 Lot tS>t92 Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended 9se,and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal 4. Estimated Cost If dwelling, number of dwelling units If garage, number of cars Addition Alteration 2~ Demolition Other Work /')~,k,~ '~ (Description) : Fee - ' (To be paid on filing this application) Number iof ~lwelling units on each floor - 6. if business, commercial or mixed occupancy; spedify nature und extent of each type of use- 7. Dimensions of existing structures, if any: F~;°nt ~ -/2]oo~---P~SRear Height Number of Stories Depth 9. Size of lot: Front 10. Date of Purchase Dimensions of same structure with alterations or additions: Front Depth Height 8. Dimensions of entire new construction: Front Height Number of Stories Rear 2t9} I Name of Former Owner 11. Zone or use district in which premises are situated ["~- Number of Stories Rear Depth Depth. Rear 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES__NO ~ Will excess fill be removed from premisbs? YES__ NO__ 14. Names of Owner ofpremises~d/(a,~-~-Gr~-r~ Address ~?2- r~a~/5~4- ~.~d,. Phone No. 7,~-~ ~?! .7 Name of Architeqt/Sarr~t ~'J~ ¢ Ot'~'.4r~a~ Address'~:]an~2~..Phone No Name of Contracto~ ~ra~r ~nr~3'~t2~t~v, Address/_~a~l~q.~_Phone No. 7~ -~ 2/7 I 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES 2( NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES X NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. __ NO .X STATE OF NEW YORK) COUNTY O1~'~s: (Nme ~f indlvidual signihg contract) above (Contractor, Agent, Corporate 0ffleer, etc.) being duly sworn, deposes and says that (s)he is the applicant named, of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forda in the application filed therewith. Sworn to before me this __ It-it; dayof ~gf[)0~Y~'X.-.~ 20_~_ Notar~Pubtic , and recorded la ~U~£olk Uouu TO HAVE AND TO HOLD the premises TOWN OF SOUTHOLD PROPERTY RECORD CARD RES. SEAS. VL. f FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL [ DATE REMARKS /0, ?oo Tillable Woodland Meodowland House Plot P, ECF~VE? BOARD OF APPEAL: FRONTAGE ON WATER .~£ ¢ FRONTAGE ON ROAD / '~d ~ ¢'.'~"~' - DEPTH ,~, v , ~0o BULKHEAD x/~~"--¢ Extension Extension Extension O.B. /3 z/L= .2c~ Foundation Ext. W~ils ~z~ qrerlor =inisk ' ' Fire Place ~_ meaz ~ Porch Roof Type 77 ¢'~- /~.~) Porch Rooms 1st Floor ~0 Rooms 2nd Floor ~,~ ~0~~, Patio Driveway Dormer ~ _ ,~/~'/~ ~ I Date: 05/23/12 Transaction(s): 1 1 OTown of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * ZBA Application Fees ReceiptS: 133144 Reference Subtotal 6575 $1,000.00 16367 Total Paid: $1,000.00 Name: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6575 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/23/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6575 Mill Creek Partners LLC 16367 $1000.00 ' ..,,old Town $1000.00 By __lc__ Thank 'ou. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMNI'ION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (6311 765-6145 Telephone (631 ) 765-1800 southoldtown.northfi)rk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 24, 2012 Zoning Appeal No. 6575 Transmitted herewith is Zoning Appeals No. 6575 of Nancy Steelman for Mill Creek Partners LLC - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Samuels & Steelman Dated May 21, 2012, Authorization Letter from Eugene Burger to Samuels & Steelman Architects, Copy of Board of Appeals No. #4313 Dated June 7, 1995, Copy of Zoning Board of Appeals No. 6150 Dated January 8, 2009, Copy of Certificate of Occupancy No. Z10971 Dated April 29, 1982, Copy of Certificate of Occupancy No. Z-23718 for Existing Accessory Shed with Plumbing in Side Yard Dated June 21, 1995, Notice of Disapproval from Building Department Revised May 7, 2012, Copy of Building Permit No. 36485 for Construction of a New Restaurant with Attic Storage Only Dated June 17, 2011, Four Pages of Photos of Property Showing Construction, Copy of Application for Building Permit Dated February 14, 2012, Copy of Deed between Charles & Vera Sage and Charles L Lauford Dated December 19, 1933, Two Page Copy of Property Record Card, Six Pages of Plans Showing Site, Elevations and Floor Dated May 3, 2012 Prepared by Samuels & Steelman, Copy of Survey Showing Property as it Exists Dated June 22, 2011 Prepared by Hands On Surveying. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard 1~ Gochrmgcr George Horning Ken Schneider Southold Town Hall 53095 Main Road. EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldlown.norlhlk)rk.nct ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 5, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 5, 2012: 10:50 A.M. - MILL CREEK PARTNERS~ LLC #6575 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 29, 2012, revised May 7, 2012 Notice of Disapproval concerning permit to construct a dock master's building and addition/alteration to existing restaurant, at; 1) dock master's building at less than the code required bulkhead setback of 75 feet, 2) additions/alterations at less than the code required bulkhead setback of 75 feet, located at: 64300 Route 25 (adj. to Southold Bay) Greenport, NY. SCTM#'1000-56-7-2 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~.Town. Southold.ny.us Dated: June 11, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 11, 2012 Re: ?own Code Chapter 55 -Public Notices for Thursday,July 5, 2012 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June f8th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_JI owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.clements were made in either a written statement, or during the hearinq, providin.q the returned letter to us as soon as possible; AND not later than June 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 2, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encts. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MILL CREEK PARTNERS LLC #6575 MAP # 56.-7-2 VARIANCE BULKHEAD SETBACKS REQUEST CONSTRUCT DOCK MASTER'S BLDG. 8, ADDITIONS/ALTERATIONS TO RESTAURANT DATE: THURS, JULY 5, 2012 10:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #10746 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 21sI day of June, 2012. Sworn to before me this LEGAL NOTICE SDUTIIOI,D TOWN ZONING BOARD OFAPPEALS THURSDAY JULY 5, 2012 PUBIAC HEARINGS NOTICE IS ItEREBY GIVEN, put suant to Section 267 of theTown l.aw and qbwn (7ode Cbaptcr 280 (Zoning),]bwn of Soulhold, thc following public hear- lugs will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS ;it thc 'lbwn 1tall, 53095 Mare Road. PO. Box ll79. Southold, New York 11971 (195!), on TH_URSDAY JULY 5. 2012: Carryovel Hearings, continued h'om prior meetings and pending additional information: Adjourned from Public Hearing June 7, 2012 10:00 A.M. - SUSAN MEYER- ~Z - #6556_ 10'.30 A.M. - D.E and £ M. HARRIS C~_HILDREN'S TRUST #6570 - Request for Variance from Article Iii Code Sec lion 280 15 and the Building Inspector's March 28, 2012 Notice of Disapproval based on an application for building permit tot an accessory barn at: l) ac- cessory barn is proposed in a location other than the code required rear yard, located at: No number Clay Point Road (Off East End Road) Fishers Island, NY. SCrTM#1000-7 1-7.1 .- ILL REEKP RT- NERS. LLC #6575 - Request for Vari ance from Article XXII Code Section 280-116(B) based on an application fox building permit and the Building Inspec- tor's February 29, 2012, revised May 7, 2012 Notice of Disapproval concern ing permit to construct a dock master's building and addition/alteration to exist- ing restaurant, at; l ) dock master's build lng at less (hen the code required bulk- head setback of 75 leer, 2) additions/ alterations at less than the code required bulkhead setback o[ 75 leer, located al: 64300 Route 25 (adj to Southohl Bay) 1 week(s), successfully commencing on the Principal Clerk CHRISTINA VOLINSKI NOIllY PUBLIC-SlAIE OF NEW No. 0lVO6105050 OuQIlllod In Suffolk County LLC.- #6577 Request for Variance bom Article Ili Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an ap plication for building permit for aceesso ry tennis court at: 1) In the case of water- front properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code.., proposed locatio. is other than the code required front or rear yard, located at: 8925 Skunk Lane (adj to Little Creek) Cutchogue, NY SCTM#1000 104-3-15 12:00 P.M. - VINCENT and CAROL ffIANAGO #6576 Request for Vari- ance from Article XXII Code Section 280 l16(B) based on an application for building permit and the Building Inspec tors April 6, 2012 Notice of Disapproval concerning proposed additions and a terations to a single family dwelling, as; 1) less than the code required bulkhem setback of 75 feet, located at: 8225 Nas sau Point Road (adj. to Little Peconic Bay) Cutchogue, NY SCTM#i000-118- 410 1:30 P.M. - BRIAN ZIEGLER #6572 Request for Variance from Article XXIII Section 280-124 and the Building lnspec tot's May 3, 2012 Notice of Disapproval based on an application for building per Greenport, NY S(' 'M#1000 56Z 2 hm0[y dwelling at: i) less than the code 11:15 A.M.--~LAN FIDELJ. OB - required mininmm side yard setback #6578 - Request for Variances from Ar- o1 b feet; located at: i165 Sahaire Way ;3de XXll (ode Section 28(I ] i6(B) and Matt0uck, NY. SCPM#1000 100 1 24 1:50 EM· - PAUL A. and ELIZA- BETH L. REINCKENS #6573 This is a request for a Waiver of Merger under Article Il, Section 280-10A, to unmerge land identified as SCTM #1000 63-2-25, based on the Building Inspector's April 27, 2012 Notice of Disapproval, which states adjoining conforming or noncon- forming lots held in common ownership shall merge until the total lot size con- forms to the current bulk schedule (min- imum 40,000 square feet in this R 40 Residential Zone District) this lot is merged with lot 1000-63-2-26, located at: 955 & 1065 Hummel Avenue Southo]d, NY. SCCM#'s-1000 63 2-25 & 26 2:15 P.M. - JOHN and ANGELA REINERTSEN #6574 - Request for Variance from Article Iii Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and in- ground swimming pool/spa at: 1) acces- sory pergola is proposed in a location other than the code required rear yard, 2) accessory in-ground swimming pool/ spa is proposed in a location other than the code required rear yard, located at: 590 Arrowbead Lane Peconic, NY. SCTM#1000-98 2-4.1 The Board of Appeals will hear all pezsons or their representatives, desfr- ~ng to be heard at each hearing, and/or desiring t6 submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809. or by email: Dated: June ll, 2012 ZONING BOARD OF APPEALS i LESLIE KANES WEISMAN, CHAIR- PERSON 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK New York, being duly sworn, deposes and says that: ~Oc'r'F~ On the 1~'- day of O'~'-OrO2-- ,20 IQ I personally mailed at the United States Post Office in _~(.~_~ _, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of reco,rd, surrounding the applicant's property. (Signature) Sworn t6 before me this '~i5-~ dayof~ .r~',.,~ ,20 (Notary Public) CONNIE D. BUNCH ~otaw Public, State of New York No. 01BU6185050 Ouelified in Suffolk County ;omn'~ission Expires April 14, 2~_~J PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. SDUTHOLI) NY 11921 ~ $1.::]0 09'35 .... $2.~ 03 D m,,~: :,,= ~ ':, $2.35 ',, "~ Prin¢ pi Prop~rties-L-C~ ~ ~:O. Box 1248 " P- ' $OUthOld, NY 11g71 ~ !i SOUTH~L~ NY U.~I $6.60 5 Goldsmith'.s Boat Shop .......... P.O. Bo~ 1436 .......... Southold NY 11971 . . ~,.'~.~ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel # 1000- O~'b "O~'1 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~}Q~q ~D'~_)ry3 .~]q residing at 7~Z3~ ~n [~1 ~9~t ~c~ _, New York, being duly sworn, depose and say that: Onthe 2 ~_ day of_~O~ ,201 ~ I person~ly placed the Town's Official Poster, wi~ the date of he~ing ~d nature of my application noted thereon, securely upon my prope~y, located ten (10) feet or closer from the street or right-of- way (~veway entr~ce) - facing ~e street or facing each street or right-of-way entrance,* ~d that I hereby confirm that the Poster has remained in place for seven (7) da~ys, prior to the date of the subject hearing date, which hearing date was/~/hown to be .O~9,~ $-/c~OI ~ _/,' (', , . Sworn to before me this 7..0t Day ofrr0 ._ ,20 (No(ar)~ P{lb~m) * near the entrance or driveway en?ance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ariicle Addressed to: Principi Properties LLC P.O. Box 1248 Southold, NY 11971 A. Signature B. Received by (PrinfedName) ,Jo D. Is deliver 3. Service Type [] Insured Mail 2. Article Number (transfer from service/abe/) PS Form 3811, February 2004 n Agent [] Addressee C, Date of Delivery [] Yes [] No [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted DelivefT? (Extra Fee) 7010 1670 000B 1168 9366 n¥6s · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits· 1, Article Addressed to: PS Form 3811, February 2004 by ( Printed Name) If YES, n Agent [] Addressee Date of Delivery []Yes No [] Express Mail [] Return Receipt for Merchandise 4, Restricted Delivery? (Extra Fee) [] Yes 7010 1670 0002 1168 9311 Domestic Return Receipt I02595-02-M-1540; · Complete items 1 2 L Also comp ete item 4 f Restricted De very is desired. · Pdnt your name and address on the reveme so that we can return the card to'you. · Attach this card to the back of the mailpiece, or on the front E space permits. 1. Article Addmsseci to: Edwin Tuccio 193 Griffing Ave. Riverhead, NY 11901 2. A~ticle Number- (Transfer from serv/ce PS Form 3811, February 2004 [] Agent I Addressee C. Date of Delivery D. Is delivery address diff~ent flora item 1 ? E] Yes If YES, enter delivery address below: [] No 3. Service Type Certified MaN ~ Registered [] Insured Mail r-I Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7010 1670 0002 1168 9380 Domestic Return Receipt ~ 102595-02-M- I E40 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Steven Sponza P.O. Box 1699 Southold, NY 11971 2. Article Number (Transfer from service labe~ Printed Name) ,elivery D. Is deliverya [] Yes [] No JUN I $ ~12 ! ~r~ie' r~i~x~ Mail [] Registered [] Insured Mail [] Return Receipt for Memhandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7010 1670 0002 1168 ~373 PS Form 3811, February 2004 102595-02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Goldsmith's Boat Shop P.O. Box 1436 Southold, NY 11971 Article Number (Transfer from service ~abel) ~_~t []~ddressee C. Date of Delivery D. Is deliver~ Yes If YES, No 3. Service Type [] Insumd Mail [] Return Receipt for Merchandise [] C.O.D. 7010 1670 0002 1168 9397 PS Form 3811, February 2004 Domestic Return Receipt 10259,~O2-M-1540 BOARD MEMBERS l~eslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 1 t971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://sout holdtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: June 1, 2012 SUBJECT: Request for Comments ZBA #6575 - Mill Creek Partners, LLC As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAM~ TAX #/ I ZBA BD NOD VARIANCE PLANS PREPARER ZONE bATE_ DATE STAMPED MILL CREEK 56.-7-2 #6575 5-7-t2 280-127; 280- $/23/12 Nancy ' - PARTNERS, LLC ~ I55 Steelman, Architect Your comments are appreciated by June 22, 2012. Thank you. Ends. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfl)rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 'Fei. (631) 765-1809 · Fax (631) 765-9064 May 23, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6575 (Mill Creek Partners LLC) Dear Mr. Terry: We have received an application to construct dock master's building and addition/alterations in Greenport. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard E Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 23, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6575 Action Requested: Within 500 feet of: Owner/Applicant: Mill Creek Partners LLC Additions/alterations - bulkhead setback (X) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ends. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard I~. Goehringer George Horning Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 17, 2012 Nancy Steelman Samuels & Steelman 25235 Main Road Cutchogue, NY 11935 RE: ZBA Application #6575 Mill Creek Partners, LLC Dear Ms. Steelman: Transmitted for your records is a copy of thc Board's August 16, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Befbre commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth l';ncl. Cc: Building Dept. LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER P.O. BOX 162 GREENPORT, N.Y. 11944 (631) 477-1652 September 16, 2005 Mr. Michael J. Verity, Department Head Southold Town Building Department 53095 Main Road Southold, NY 11971 Re: Demolition of existing building Former Mill Creek Restaurant Main Road Greenport, NY 11944 SCTM No. 1000- 56-7-2 To Whom It May Concern: I have inspected the site, reviewed the site plan before new foundation, the site plan after the construction of new foundation and the new plans for the new restaurant The building as it now exists is unrepairable and should be demolished so that the building to be erected will meet all of the requirements of both the New York State Building Code and the Southold Building Code. Sincerely, Tuthill, P.E. FORM NO. 3 TOWN OF SOUTq{OLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31486 Z Date OCTOBER 3, 2005 Permission is hereby ~ranted to: PRINCIPI PROPERTIES, LLC P.O. BOX 1248 SOUTHOLD,NY 11971 for : DEMOLITION OF AN EXISTING BUILDING AS APPLIED FOR TRUSTEE APPROVAL at premises located at County Tax Map No. 473889 Section 056 pursuant to application dated AUGUST Building Inspector to ext~ire on APRIL Fee $ 689.10 64300 MAIN RD GREENPORT Block 0007 Lot No. 002 23~ 2005 and approved by the 3, 2007. ORIGINAL Rev. 5/8/02 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36485 Permission is hereby granted to: 64300 MAIN RD. SOUTHOLD, LLC Date: 611712011 To.' CIO SILVERSTONE PROPERTY GROUP 825 YHIRD AVEN~-I~Y~' NEW YORK, NY 10022 CONSTRUCTION OF A NEW RESTAURANT BUILDING WITH ATTIC STORAGE ONLY PER DEC, TRUSTEES, SCHD WI FLOOD PERMIT/COMPLIANCE AE(8) - REPLACES PERMIT #32599 RECEIVED At premises located at: BOARD OF APPEALS 64300 MAIN RD GREENPORT, N.Y. 11944 SCTM # 473889 Sec/Block/Lot # 56.-7-2 Pursuant to application dated To expireon 121J612012. 6/1712011 and approved by the Building Inspector. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 24958 Z Date JUNE 16f 1998 Permission is hereby granted to: ROY J SCHOENHAAR 330 EASTWOOD DR CUTCHOGUEtNY 11935 for : ALTER AND RENOVATE AN EXISTING RESTAURANT AS APPLIED FOR. at premises located at 64300 County Tax Map No. 473889 Section 056 pursuant to application dated APRIL Building Inspector. MAIN RD GREENPORT Block 0007 Lot NO. 002 20 98 and approved by the' Fee $ 150.00 COPY Rev. 2/19/98 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~RTIFICAT~ OF OCCUPANCY No Z-23718 Date June 21~ 1995 THIS CERTIFIES that the building. Location of Property 64300 MAIN ROAD House NO. County Tax Map No. 1000 Section 56 Subdivision A~SSORY Gi~EENPORT? N.Y. Street Hamlet Block 7 Lot 2 Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 10~ 1995 pursuant to which Building Permit No. 2284B-Z dated J~NE 21¢ 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is EXISTING ACCESSORY SHED WITH PL~MBIN~ IN SIDE YArD OF Ci]91MERCIAL PROPERT~ AS APPLIED FOR & AS PER ZBA ]'4313. The certificate is issued to ROY J. ~O~N~AA~ (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 C NO. · TO~q~q OF $OUTHOLD Burr,I'~ING DEPARTMENT Town Cl~rk'~ Otfi~ Sour. hold, N. Y. Certificnte Of Occupnncy No... Z9'~5.'l .... Date .... Augu~ . ~ ............ ,19..78 THIS CERTIFIES that the building located at .6/~25f} .. Main. I~oncl ........ Street Map No ............. Block No .......... Lot No .................................. conforms substantially to the Application for Building Permit heretofore filed in this office dated .... June. ~ ...... , 19...77pursuant to which Building Permit No.. 9~47Z dated ... June.. 30 ....... , 19..77, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy to~ which this certificate is /ssued is .......... Bua/nens .AddAttor~ .. (Deok) ......... i ...................... The certificate is issued to . A3.%on. Re~].~.~: .Co~..Inc~.-~L].l. ~.eek. T.t~ ............ (owner, of the aforesaid building. Suffolk County Department of Health Approval ............... N./..R .................. ...................... ...... UNDERWRITERS CERTIFICATE No FORM NO. 4 TbWN OF $OUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. 7~.l.qg 71 Date ...... ~ g ¥.~.1..2.9 .................. 19B.2., THIS CERTIFIES that the, building ................................................ Location of Property .. 6.625.Q ........... ~la in..fl oaO. ~.r. fl¢ OP.qP. ~ ...... House No. Street Hamlet County Tax Map No. 1000 Section , .Q56 ....... Block ...q? .......... Lot ...qg[/ ........... Subdivision ..... g ......................... Filed M~p No...1( ..... Lot No...X ......... ... conforms substantially to the Application for Building Permit heretofore filed in this office dated ....... ~( .............. , 19... pursuant to which Building Permit No....~ ~p.e.. ¢9.1,q~? ....... dated ....... X .................... 19..., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .. g ...... · r ~,~,~ .u r.~m ~.. '.<~.h l.~. ~.d.~. ~, ~ ~p.n~. ~..~ ~ ~ ?.~ ~ ~-?.~. ~¢..~ ? ~.~: ................... ~e certificate is issued to ...... :~[ 3 OP..~95.[X. gP.~Rqr~.[~?gj..~gg: ................. / (owner, I~ of the aforesaid building, Suffolk County Department of Health Approval . .~¢~..~J.~. ~9.,. ,~...q ~ )Pfi.~ ~..A .... Permit ~,10.02549~ 110*~ UNDERWRITERS CERTIFICATE NO,..~ ~. ~,~ g 9 ~V~ .................................... 10/65 'Z, 6/23/80 to consbruc~; roof over ox~ttnp.: deck 'i071'? F,-6/10/8~ to construc~ laundry roo~,l addition to existing restaurant " ~()21 Z~ ~/26/~1 to a;~I<e altor~t~~ to kitchen & ro~taurant Building Inspector **Permit To Operate A Service Food Establishment Rev, 1/81 MAIN ' ROAD '.( ~i'('5' BOAT BASIN LAT LO~S. ZZ°Z~'~5'' AREA TO~VN OF SOUTHOLD BUILDING DEPARTMENT TO'WN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST DE KEPT ON THE PP, EMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 6913 Z Dote Ootober 10 ! 9.?..~, ... Permission is hereby granted to: ae~..~.e..~..... ~....Lz....~.L..~.~..*..~ .~s ...... ~:.~: ........... ,(....~.~,.~.,,.~..,.~..~..~ ........... ............. ~"i~,~. ............................................ Bund an add:Lt~on & aake ~lterat:[on~ on e~tst;~u8 d~e~l~n~ unit at premiss Iocat~ at .~g~...~...~. ....... ~~~ ................................................... ............................................... ~s~).....~.....:....L~9~.9~..~! .................................. pursuant to application dated ...................... '....~..1~ ....... .![0 ........... , 19..~.~.., and approved by the Building Inspector. Fee $ ....................... g ~nspector/ TOWN OF SOUTHOLD EUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Disopproved o/c APPLICATION FOR BUILDING PERMIT INSTRUCTIONS b. Plot plan showing location of lot and of buildings on premrses, relationship to adjo*mng pr~mlses or public streets or areas, g~ving a detailed description of layout of property must be drawn on diagram which ~s part of thts apphcatlon. d. Upon approval of this apphcatlon, the Building Inspector w~lt ~ssue a Bu~Idlng Permit to the applicant Such permn,$hall be kept the premises avadabJe for t~spect[on throughout the work, granted by the Braiding Inspector APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permn pursuant to the Building Z, Ordinance of the Town of ~outho[d, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constructtm buildings, edditrons or alterations, or for removal or demohtlon, as herren described The apphcant agrees to comply with all apphcable la ordinances, building code, housing code, and regulations, and to admtt authorized inspectors on premises and m buddings for necessary inspectio (Signature of applicant, or name, ~f a corporation) State whether al~ ngineer, general contractor, electrician, plumber or build ...... 0..~.~.~..I ~ ~.~.~ .~.. ~.~.....~ (£......,.3~ .................................. ame o4 o ner ,./..4£.x. .......... ..................................... Budder s Lmense No .......................................................... Plumber's License No ......................................................... EJectrlcian's License No ..................................................... Other Trade's L cense No ................................................. 1. Location of land on which proposed work will be done, Map No ............................................... Lot No ........................ Street and Number ,.....~.,..,.~...~..~..~.. ......... .~...~...~...~..~...........~...: ......... ~..~...~..~.'-~..~.~. .................................................... Municipality 2. S~3te existing use and occupancy of prerr~ses and intended use and occupancy of proposed construction: · g d upa e .......... y..r.~ .................................................................. .~ .................................... b. ., ndeda.d occ ,e. ....... ........ .R... KF¥ HAP SITEPLANOF scA~, ]'= 6eo' ]~ESCRI~ED PRI]PERTY SU~ COU~Y ~V YORK S,C,T,H, ~IST, O~ DEC, 5G )L~ 07 ~T SCALD l' = 30' ~ATD DEC~ER 3, / _ _ .. : ,,, .- ~. ~1,. ~ ~ ~ ~ ~.~ ,,,,..,,.,,/" i,/ ~S a' ~, CAST ~N COV~ ~v .~ ~ ~v/~ E~A~ /'/i, EbNE~' ~ FLB~ ZONE" ~ " '~ im ..... .., ~ I ~ .'~"' "~ '.'.'~ ~ ...... ~/ ~ ~ ~~ / ~ ~ --~ ~ ,~ ,. ,, ~.----:::~ ~ .... . .~ ..... ~ / ~ .- x ~ / , ,.v- .... ~ ~ .~'_-~ / .... · ~ ~ ~ ..... ~ ~,~- _...~.. ~ ', ' / .{ '~,.. "~.~"~'"11' ~' X '"~ /[~ ~ ~ / ~ LOT AEA~ 131,[~ ~,fl,: &DO~ ACDES ~OARD OF APPEALs C~E~ ~NG ~ H-D ( MARIE II ) PDEPERTY I~ E~IELY ~CAED AS ~PICT~ DN THE FE~.A. ~ ~SURAN~ RATE ~P~ ELEVATID~ S~VN H~N ~E R~CED TD ~VD t98~ ]AT~ ~ ~m~ / A~ ADE THE E~LT OF / ~ S~[~S N~B T~SLT X 6~' ARE VA~ D~THS UC~SE ~. ~3 ~ ~" B~IV~ ~m ACTUAL 9~M ~ ~ / I AT U,OO AB ON AP~ ~6, HO~, T HANDS ON SURV~ING - ~ ~ ~ ~ ~" ~ l~ (~1F~9-83~ - FAX'(63~369-S313 MARHN U, ~NU CS UFFDETS ~ PRUPUSEU DECK ARE SNDVN l]{JSLY ( ) &6' SETBACKS TII EXIS~fi ~ULK~O RR HUtKNEAB LIE ARE ~l[]Vid TOUSLY~ SIGN LEGENI3 SIGN I - ~IRECTRINAL A~NV PAINTING JEF'r FACE VEST ll]VKRO EASTRNUNII T~FFIC SIGN 0 - ND STNPPING ANY TIDE ~TH OI-OIDECTII]NAL ARR~ SIGN 3 - D~CT][]NAL ~NDV P~TIND L~ FACE EAST TUVARR VESTROUND TRAFFIC SIGN 4 - CLRV£ LEFT ARNDV NDDE~ ~DEF~[ NDAT ~ASIN TO APP~X E3J-7,3' (6' VATER DEPTH AT ~V TIDE) APPROX. 8,500 CU,YE'S LIMIT DE MODERATE VAVE AC~N TD MiLL ~EEK PARTN~S, LLC F~ST AN~ICAN T]ll_E INDURANCE C{]MPANY DF ~V C~I~iLU TB MILL CREEK PARTNERS, LLC BRDABVAY ABSTRACT MABISDN NEALTY CAP,AL L?. FIRST ABER CAB lITLE ~SU~NCE C[]4PANY DF NEV YORK //')/LL