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BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 20, 2012 ZBA FILE No.: 6589 NAME OF APPLICANT: Mill Creek Partners, LLC SCTM# 1000-56-7-2 PROPERTY LOCATION: 64300 Route 25 (adj. to Southold Bay), Greenport, NY 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 S EQRA. 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 August 14, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION' The Applicants' property is an irregularly shaped 142,441 sq. fi. 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 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 SP1 including sheets 1-3, drawn by Samuels & Steelman, Architects, dated March 2, 2012, and the site plan SP2 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 Special Exception per Article Xlll Section 280-55 (B) 1 to operate a restaurant in a Marine II (MIl) District. RELIEF REQUESTED: The applicant proposes to operate a 5,626 sq. ft. restaurant with 180 seats and a 50 boat slip marina. Page 2 of 3 September 20, 2012 ZBA File#6589 Mill Creek Parlners, LLC CTM: 1000-56-7-2 ADDITIONAL INFORMATION: The Town Planning Board submitted a Memorandum dated August 16, 2012 stating that their Board has reviewed the application for Special Exception use of a restaurant in the M-II Zone and "generally has no objection". The proposed restaurant appears not to cause concern since the existing building has historically been used as a restaurant and the applicant has leased the property next door to provide ample parking for both the marina and the restaurant. The above referenced proposal would further the Town's Comprehensive Plan to enhance the Town's waterfront while maintaining its fundamental characteristics. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6, 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: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts because a number of restaurants including the subject of this application have existed in this district for many years without incident. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the continued use of this location as a restaurant because the proposal will have limited impacts on traffic on and off the property, wetlands and groundwater. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. A restaurant is a permitted use in this district and the marina use will be working to protect coastal water quality by engaging in environmentally sound operating and maintenance procedures by participating in the "Clean Marina Initiative" (see file for document) E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The granting of this special exception will not change any of the existing character of the neighborhood because the most of the structures already exist on the property. F. All proposed structures, equipment and material will be readily accessible for fire and police protection. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Dinizio, seconded by Member Goehringer Acting Chairperson, and duly carried to Page 3 of 3 September 20, 2012 ZBA File#6589 Mill Creek Partners, LLC CTM: 1000-56-7-2 GRANT, a Special Exception, as applied for, and shown on the Survey prepared by Hands On Surveying dated December 3, 2004, last revised March 13, 2012 and the architectural drawings by Samuels & Steelman, dated March 2, 2012 labeled SP1 last revised May 23, 2012 and SP2 last revised July 9, 2012. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. 2. This Special Exception Permit shall be deemed void if the applicant cannot comply with the minimum on site requirement of l l O parking stalls as calculated in a Planning Board Memoranda Dated September 13, 2012 written by Brian Cummings, Planner. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. Vote of the Board: Ayes: Members Acting Chairperson Goehringer, Dinizio, Horning. Absent was Chairperson Weisman and Member Schneider This Resolution was duly adopted (3-O). KEY MAP SCAL[, I' = 600~ $1TE PC4N OF UESCRIBEU PRnPERTY SUFFOLK C~TY, DIST, 1~0 SEC, SCSI 1' = BB' DATB EC~ 3, RUB4 ~,(~d~ IUE~S ~ DI~. ~ I~T V/RD{ ELB/AT][}I OIBOI[]ES ~ BU% CAST ~ COVE]{ V/P, U4 [1 EVAfi[] UFFBErs IU ~USEU ~[CK ~ SIIIVN TI{JStY ( ) 8,6' SETBACKS TU EXlST~ ~tLKIF. AU [] BUUOEAU L~ ~ ~VN ~Y, SIGN LEGENU HNTEI BRE~GE DDAT BASIN TN APPRUX [L~7,3' (6' VAER UEPlH AT mllV TI~ APPROX, 8,500 CU,YB,'S !REVIEWED BY ZBA I ISEE DECISION # ~?, { [DATED ?. Fo /~...~- t ZONE ~ ~ ~. ...... 't~ I " / ~, i ' / .. "'e~ I I ~ .. ~ ..,, ~l : ~ ~ ..... i"~ ~ " ,,, ~,L.. -~ .../'"~" ' ~ ...... ~ ~ ,/ ,,, .....~::::::--~ . ~ ~ ~oo4-~. CURR~T DN~6, M- MA~NE H ) ~ F~ 7~ 0 PRUP~TY IS [~Y LD~I~ IN ~U~ ~ E~AT*S ~ HER~N ~E REF~E~D ~ ~ ~j A~ ARE THE RESULT ~ AC~ ~E~ / ~ .~ ~ S~ N~B ~USLY X 6~' AS R~{~ TD ~V HUE ~AT~N UF ~ AT ll,O0 AM UN APR~ ~ ~006 , HA~D~ ON SU~ING ~ LBV ~ Dr APRIL ~, ~OQ~ +/- ~ " HI~ HE DF APRIL ~, ~06m +/- ELm L6 +1- 1~40 AM F~E~, NEW Y~ ~ ~. EL, (621~369-83~ - FAX{63D-H6~HA3 ~TIN B, H~ L$ LliflT [] ~B~{AT[ WA~ ACI~3N MILL CREEK PART,RS, LLC FIRST A~[RICAN llTlY RdSURANCE CUMPANY DF ~V Y[]RK UC~SE NB, 050363 BOARD MEMBERS \\OF SOUp�® Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento �CUM Southold,NY 11971 http://southoldtownny.gov - ZONING BOARD OF APPEALS T December 18, 2019 OWN OF.SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 The Town of Southold Planning Board P.O. Box 1179 Southold,NY 11971 RE: Peconic Bay Yacht Club 64300 NYS Route 25, Greenport , SCTM No. 1000-56-7-2 and 1000-56-7-4.1 The Southold Town Zoning Board of Appeals(ZBA)has adopted the following resolution during a Regular Meeting held on Thursday,December 5, 2019: WHEREAS, on December 2,2019,the Southold Planning Board referred the above site plan application to the Zoning Board of Appeals pursuant to Town Code 280-131B(4)(b) for the change to the structure for which a Special Exception approval was granted to operate a restaurant in a Marine II Zoning District by File No. 6589, dated September 20, 2012. WHEREAS,the amended site plan is for a proposed 662 sq. ft. dining room addition to be built over an existing deck to be demolished, on a site where there exists an 8,989 sq. ft. restaurant, 50 slip marina with a dockmaster building, parking areas and site drainage on 3.27 acres; adjacent to a boat yard with 71 parking stalls on a 4.74 acre parcel (56-7-4.1)both in the M-II Zoning District. THEREFORE BE IT RESOLVED, that the Zoning Board of Appeals, pursuant to Town Code Section 280-131B.(4)(b)and Special Exception decision No. 6589SE, dated September 20,2012, hereby GRANTS permission for the Peconic Bay Yacht Club to make alterations to the structure located at 64300 NYS Route 25,±424 feet west of Dolphin Drive, Greenport, SCTM No. 1000-56-7-2 and 1000-56-7-4 as depicted on the Amended Site Plan entitled "Peconic Bay Yacht Club Addition", prepared by Frederick R. Weber,R.A., dated September 12,2019 and approved by the Town of Southold Planning Board on December 2, 2019 in Southold Planning Board resolution dated December 3, 2019. Please contact our office if you have any questions or concerns. Si e , Leslie Kanes Weisman Chairperson cc: Eugene Burger Southold Town Building Department Town Attorney Town Clerk OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �®f S P.O. Box 1179 54375 State Route 25 ®� ®�® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov c®m� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weismann, ZBA Chairperson Members of the Zoning Board of Appeals From: Brian Cummings, Planne� Date: December 2, 2019 Re: Amended Site Plan for Peconic Bay Yacht Club 64300 NYS Route 25, Greenport SCTM#1000-56-7-2 & 4.1 The Planning Board refers the application to you for permission pursuant to Town Code §280-131 B.(4)(b), for the change to the structure for which a Special Exception approval was granted in the past. This amended Site Plan is for a proposed 662 sq. ft. dining room addition to be built over an existing deck, on a site where there exists an 8,989 sq. ft. restaurant, 50 slip marina with dockmaster building, parking areas and site drainage on 3.27 acres; adjacent to a boat yard with 71 parking stalls on a 4.74 acre parcel (56.-7-4.1) both in the M-II Zoning District, Greenport. Thank you for your cooperation. Encls: Site Plan i Mill Creek Partners,LLC . Z , PO Box 326 Cutchogue, NY 11935 YPlc"illimin ✓oEp r November 13,2019 Town of Southold Planning Board 54375 Main Rd P.O. Box 1179 Southold,NY 11971 Re: 64300 Main Road, Greenport—Request for Administrative Approval for an Addition Dear Planning Board Members, Attached is our application for a 662 square foot addition to the Peconic Bay Yacht Club dining room,to be built over an existing deck. This addition is vital to the success of the business as we have turned away several events due to size limitations. We respectfully request that you consider this application as an administrative action so that,if approved, construction can begin immediately and be completed before a May,2020 event. This addition has received Trustee approval and the property is not under NYS DEC jurisdiction. In this application package are copies of the current fire marshal certificates. You'll see that there are no issues with increasing our guest capacity from their perspective. Similarly, our sanitation system is approved for three hundred and sixty people,well in excess of what we are requesting. Currently,we have one hundred and thirty parking spaces on the north and east sides of the venue. These spaces, and our fire truck turnaround plan,were in place when Brian Cummings performed the final site inspection in August of 2015. With this addition,we would like to increase our catering guest total to two hundred and forty. Together with the marina,that would bring our total parking requirement equal to our existing one hundred and thirty spaces. Please feel free to contact me at anytime with any questions regarding this application. I look forward to working with you on this important addition to our facility. Sincerely, Eugene Burger, Managing Member FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: October 9, 2019 TO: Fred Weber(Peconic Bay Yacht Club) 41 East Maple Road Greenlawn,NY 11976 Please take notice that your application dated September 13, 2019 For permit to make additions and alterations to an existing business building at Location of property: 64300 Route 25,Greenport, NY County Tax Map No. 1000—Section 56 Block 7 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations require site plan approval from the Southold Town Planning B oard. uthorized ature Cc:File,planning 7 F,` r ( ( BUILDING SQUARE FOOTAGE: EXISTING: FREDERICK f MAIN BUILDING: 5540 SF ROBERT PORCH IFRONT): 11.1 SF PORCH (SIDE): 182 5F WEBER DECK (EAST): 108 5F DECK (WEST): 424 SF f DOCK MASTER: 320 SF TOTAL: 1543 SF ARCHITECT NEW ADDITION: 442 SF DECK (EAST): -108 SF I REMAINING DECK: 110 SF f TOTAL NEW: 121 SF PROJECT TOTAL: 1481 SF ( ( ( ( ( 1 ( EXISTING ( ( KITCHEN f � f ( EXISTING ( MAIN ENTRY I I I I I EXISTING m MAIN LOBBY I �-�-I I I I I I I I I ( I I I I i I I I I I I I I EXISTING DINING ALCOVE ( 103 SF t 1 ! 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Footing REV.: RECEIVED DATE: SEPT 12. 2014 0 C T 310 2019 SCALE: 1/4" - 1'-O' JOB NO: w2019O3 Southoi d Town Planning Board 6'-I0 E/2" 59'-8" DRAWING 14 0. 21'-!l 1/2" PLAN- FOUNDATIONFOUNDATION NORTH PRELIMINARYA4 ' . 1/4" _ 1'-off OF A4 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri County Executive and Commissioner RECEIVED AUG 2 1 2012 BOARD OF APPEALS Division of Planning and Environment August 14, 2012 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 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 there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Gannon, Margaret Schultz, David Mill Creek Partners, LLC Frausto, Mary (c/o Peter D. Heard) 6587 6588 6589 6590 Very truly yours, TRK:mc Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631) 853-5191 PLANNING BOARD MEMBERS DONALD J. WlLCENSKI 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 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: MEMORANDUM Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Brian Cummings, Planner~___// September 13, 2012 RECEi'VED.0~ BOARD OF APPEALS Request for information for Mill Creek Inn & Marina Located at 64300 NYS Route 25, 424' west of Dolphin Drive, Greenport SCTM#1000-56-7-2 Parking Calculations for Mill Creek Inn & Marina: 1. Restaurant = 1 space per 3 seats OR 1 space per 100s.f. of floor area, (whichever is greater) a. 180 seats = 60 spaces b. 5,626s.f. = 56.26 spaces c. 60 spaces required 2. Marina = 1 space per boat slip a. 50 slips = 50 spaces required 3. 60 + 50 = 110 parking stalls @ 9'x 19', required on-site 4. In plans submitted September 5, 2012, the Applicant has provided 124 parking stalls; 73 of which are located on the adjacent parcel to the east (under lease). /~ PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair ~ WILLIAM J. CREMERS JAMES H. RICH III PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southo]d, NY Telephone: 631 765-1938 Fax: 631 765-3136 BOARD 01: APPEALS From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: August 16, 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#6589 The Planning Board has reviewed the application for a Special Exception use of a restaurant in the M-II Zone and generally has no objection. The subject parcel is zoned Marine-Il (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 restaurant appears to not cause concern since the existing building has historically been used as a restaurant and the applicant has leased the property next door to provide ample parking for both the marina and the restaurant. The above-referenced proposal would further the goal of the Town's Comprehensive Plan to enhance the Town's waterfront while maintaining its fundamental characteristics. 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicant(s), Mill Creek Partners, LLC BOARD OF APPEALS Application No. Date Filed: of Parcel Location: HouseNo. 64300 Street Route 25 Contact phone numbers: 631-484-9763 HamletGreenpor t SCTM 1000 Section 56 Block 07 Lot(s) 02 Lot Size3 - 2ACZoneDistrict M-II hereby apply to 1%1E ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE XI I I, SECTION280 - 5,5SUBSECTION B- 1 for the following uses and purposes: Re s t aurant as shown on the attached survey/site plan drawn to scale. A. Statement of Ownership and Interest: Mill Creek Partners, LLC to~ Mill Creek Inn & Marina - is(are)theowner(s)ofprope~ known andre~ed 64300 Rt. 25 Greenport, NY (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 56 _, Block 02 , and shown on the attached deed. The above-described propeRty was acquired by the owner on ~/~-~D ! ! 07 , Lot B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to propeRty or persons in the neighborhood for the following reasons: operating as a restaurant with C.O. since 1982 C. The property which is subject of this application is zoned MI I and [ ~ is consistent with the use(s) described in the CO (attach copy), or [ ] is not consistent with the CO being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) SS.: STAVE OF NEW YORK) Swom to before me this ~dayof ~}'Ol,~[ (Notary Public) ~ No. 01R1~467 ~11~ in S~folk Coun~ (Signature) ,2o (~)llll~#1on Expire; May 30, ~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RECEIVED JUL ,~ Il ZOI~ Is the subject premises listed on the real estate market for sale? [] Yes BOARD OF APPEALS Are there any proposals to change or alter land contours? J~ 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? yes 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: cendinq 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 build{nE permit and map as approved by the Building Department and descdbe: Renovations to an existinq restaurant G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. yes If yes, please label H. Ple.~e list present use or operations conducted at this parcel Marina/re s Uaurant __ and proposed use same ' x0~x~ples:?xisfii%~, zingle-~amily; proposed: ~e M~ ~e or p~l, or o~er ~pfion.) fl~e ~d D~e ~05; 1/07 617.20 Appendix C RECEIVED State Environmental Quality Review ~::6 Z~ SHORT ENVIRONMENTAL ASSESSMENT FORM 'JUL 2 For UNLISTED ACTIONS Only BOARD OF APPEALS PART-I - PROJECT INFORMATION (To be completed by Afplicant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road intersecUons, prominent landmarks, et~, or provide map) 5. PROPOSED ACTION IS: [~ New [] Expansion r~ ModiflcaUo~/alteratton 8. WILL PROPOSED ACTION COMPLY W1TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? , , DYes DNO 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] 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)? [] Yes .~ No If Yes, list agency(s) name and perrnPJapprovals: 11, 12. DOES ANY ASPECT OF THE ACT ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name and permit/approvals: AS A RESULT OF PRO~SEO ACTION ~LL ~I~ING PERMIT/APPROVAL REQUIRE ~[FICATION? ~ C~Ti~T ~EJN~R~T~N P~IDED~ IS TR~ TO THE BE~ ~ ~ KNO~E IIf the action is in the. Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? If yes, coordinate the review process and use the FULL EAF. B, WILL ACTION RECEIVE COORDINATED REVIE~V AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If No, a negative deciaratior~ may be superseded by another invorved agency. r--lYes F-INo c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W~H THE FOLLOWING: (Answers may be bandw~ittun, if legible) C1. Existing a~' que#ty, surface or groundwater quality or quen~ty, noise levels, exist~g traffic patiem, solid waste production or disposal, potential for erosion, drainage or flso~ng problems? Expisis bpafly: C2.. Aesthetic, ag~icu#urel, archaeological, historic,, er other natural or cultural resources; or community or neighborhood c~aracter? Explain btiefly: c3. ~/egetatio~ or fauna, ash, shelifi, sh o~ wildlife species, algnifJcent habitats, or threatened or e~dange~d species? Explain briefly: C4. A community's ealeflng pleas or ~ as o~cially adopted, or a change in use or intensity of use nt land or other natural resoumes? Expisin briefly: C5. Growth, subsequent development, or related ac~,itles likely to he induced by the proposed action? Explain briefly: C6. Leng term, short term, sumulative, or other effects not IdenUfied in C1-C57 Explain I~1efly: C7. Other impacts (imfluding changes in use of either quantify or type of ef~rgy)? Explain bfietiy: 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 BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV RONMENTAL IMPACTS? [] Yes [] No If Yes, explein b~el~. PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed byAgency) 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 neceseaP/, add attachments or reference supporting materials. Eneum that explanations contain suificient detail to show that all retevant 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 ] Check this box if y~ have identified one o~ more petendalty large or algni~cant adverse impacts whh~.h MAY occur. Theft proceed direc~y to the FULl FAF end/or prepare a posilh/e decfamtisn. [] Check this box if you have determised, bassd on the informatio~ and enalysis shove and any supporting docementatioa, that the proposed action Wt Li NOT resuil in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Respm~.ible Ot~cer in Lead Agency ,.~gnature of Responsible Ofllcer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If d~ffere~ from responsible oliver) RECEIVED AGRICULTURAL DATA STATEMENT ~ ~:~?,~D ~> ZONING BOARD OF APPEALS JUL 2 6 TOWN OF SOUTHOLD Th~'formmustbecom letedb a ., .., BO,~RD OF APPEALS WHEN TO USE THIS FORM: j~ . p y e appucantjor any spectat use perm,, s~e plan approval, use variance, area variance or subd&ision approval on proper~ wl~in an agrkuRural d~lct OR w~h~ 500feet ofa f~m operation located ~ an agrkultural d~trict. AH agpllcatDns requiring an agriculmral data state~ must be referred to ~e Suffolk Coun~ ~pan~t of Planning ~ accor&nce with Section 2~9m and 239n oft he General MunklpM Law. I. Nameofapplic=t: 3. ~ame o*u~a ~wner 0f o~er ~ Applic~t): 4. Address of~d Owner: 5. Description of Proposed Location of~op¢~: (road and T~ map 7. Is ~o parcel within 500 foot cfa f~ o~mtion? { } ~es ~o 8. Is ~is panel actively f~od? { } Yes ~ No 9. Name ~d addresses of any owner(s) of l~d within the agricultural disuiot containing active operations. Suffolk CounW Tax Lot numbers will be provided to you by the Zon~g Board Statl: il is your responsibility to obt~n ~e cu~nt names and mailing addresses tiara the Town Assessor's O~ice (765-1937) or kern tho Real ~op~ Tax Office located in Riverhead, NAME and A__DDRESS (Please use the back of this page if there are additional properly owners) Note: 1. The local Board will solicit comments from the owners of land identified above in order to ~:onsider thc ~t'fect of thc proposed action on their farm operation. Solicitations will bt made by supplying a copy of this atatemcnt. 2. Comments returned to the Icom Board will be taki:n into ~:oasideratian as part as the overall review of this application. 3. Copies of' the completed Agricultural Data Statement shall be sent by applicant to th~ property owners identified above. The cost tbr mailing shall be paid by tht: Applictu~t at thc time thc application is submitted lbr review. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED ~ JUL 2 6 2012 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Eugene Burger Mill Creek Partners LLC (Last 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.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with m~y 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 To~vn of Southold Title or position of that person Describe the relationship between yourself (the applicanffagent]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 than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this day of 200 Signature "~..,...,.~..,.~ Print Name APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED JUL ~ 6 2012 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Nancy Steelman (Last 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.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) 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", complete the balance of this form m~d 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/agenVrepresentative) 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 than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS l Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED JUL 2 6 2012 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront 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 perrnits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork. net), the Board of Tmsiees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 56 - 07 02 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. ~-~ Board of Trustees [] Category of Town of Sonthold 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, certificatioh: Nature and extent of action: Renovations to an existin9 Restaurant & Marina Site Improvements to include: New Gravel Parking Areas;Underground Utilites;Site Li~htino:New Dockmaster/Marina Buildinq;New Landscaping; New Low sill bulkhead, revetment, floatin9 docks, basin/channel dredging. Locafion0facfion:64300 Main Road (rt 25) Greenport, Sitea~eage: 142,441 Sq. Ft. = 3.27 AC [~esent land use: Restaurant & Marina Present zoning classification: M-2 NY ~ RECEIVED JUL 2 6 2012 BOARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Mill Creek Partners, LLC (b) Mailing address: P.O. Box 326 Cutchogue, AP/ 11935 (e) Telephone number: Area Code (). 734 - 5217 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South01d 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 HI - Policies; Page 2 for evaluation criteria. T~eYes ~ No ~'~ (Not Applicable - please explain) 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 eff~ct~ 0£ duvslupttter~ by p~ovidi~ ~ Gree~ Marin~ envi~o~me~t. Attach additional sheets if neceesaxy 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 [] Yes [] No [] (Not Applicable- please explain) There are no historical or archsoloqical stz-dc, tures on the property Policy ~. Eob.nee visual q.~,lity and protect scenic resources throughout the T3~3~n~o~ ~ ~,~hold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) BOARD OF APPEALS 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, ~o~e ~,~!!~ ~d ~o~t~o~ o~ the e~isrin~ m~ w~]] 9R~h~C~ ~h~ ~r~.~q Attach~ition~ ~mifne~,e~sa~. qua±xty a±ong the main Road Corridor. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - 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 underground drywells for both the parking area and roof areas. Driveway and parkinq areas will slope away from the marina to 5he existin~ restaurant. Tke low sill bulkheads m revetments will prevenn A~h~di60na~sh~ifn~ further erosion of the marina basin. Poli~ 5. ~ot~ ~d ~p~ve water q~W ~d supply ~ the To~ of Sou~old. See L~ Section IH - Polici~ P~ 16 through 21 for evaluation crite~ ~ V~ ~ NO ~ (Not Aopa~ble- ple~e expi~n) with the use of underqround drywells. The existinq sanitary system meets current Suffolk County Dept. of Mealth Services standards for ~an~t~v-l;~ w~ w~t~r The p~ty Suffolk County. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including SiEnificant Coastal Fish and Wildlife Habitats and wefl~ods. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [--~ No [] (Not Applicable - please explain) No development will take place in the "protected" or natural indigenous environment. r RECEIVED APPEALS Altach additional sheets if necessary Policy 7. Protect and improve air qunlity in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section IH - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No ~-~ (Not Applicable - please explain) The restaurant will meet all required kitchen exhaust requirements. All construction vehicles will meet th~ f~deral standard for air pollution air pollution ARach additional sheets if necessary Policy 8. b/IinimiT~ environmelltai degradation in Town of 8outhold from solid waste and hazardous substances and wastes. See LWRP Section IH - 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 recyclin9 center. Ail 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 HI - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) No public land involved. Littoral access unimpeded. At/ach 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 loe~fions. 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. RtCtIV~,,~_~ At. ch additional sheets if necessary BOARD OF APPEALS Policy 11. Promote sust-i--hle use of living marine resources in Long l~l~nd Stored, the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. 73 No [E Not Applicab,e- explalu The marina will be working to promote sustainable use of living marine ~^"~° by ~"~ ..... ~*~ +~ ~- .... ~=~= r~+~=*~ m~q~ will he!~ · mportance oI protect une nauural env%ronment while on the water. ARaeh additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-~ Yes ~ No ~ Not Applicable - please explain The property is not in an a~ricultural area. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [--] No ~-~ Not Applicable - please explain The construction will be usin.q equipment approved by the Federal ~overnment for ener~ usage. The f~will meed Federal standards for conservin~ energy "enercp/ Star Program" and will use "New York State enerq~ conservation and construction code" for construction of the new addition. Prepare~J~,/~ .,-- Title~i~d~ DaCe 7/24/12 S A M U E L S & S T E E L M A N RECEWED JUL ~ $ 2012 BOARD OF APPEALS July 26, 2012 Zoning Board of Appea[s Town of Southo[d Town Hall Annex Buiiding 54375 Main Road Southold, NY 11971 Re: Mill Creek Inn and Marina 64300 Route 25 Greenport, NY 11944 SCTM# 1000-56-7-2 Dear Board Members, We are submitting nine (9) sets of the following documents for a Special Exception for the above referenced project. 1. Check for $1200 2. Application To ZBA 3. Short Form Environmental 4. Questionnaire Form 6. Photographs 7. Transactional Disclosure Forms 8. Authorization 9. LWRP 10. Agricultural Data Statement 11. Copies of Previous ZBA Determinations & C.©.s 12. Copy of Cunent Building Permit 13. Survey by Hands On Surveyors 14. 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. Sincerely, Samue~ and Stee,lr~an Ar~,hitects ,/Na r~c~/~SL~'Jm a n, R.A. RECEIVED JUL .~ ¢i 2r~!~ BOARD OF APPEALS )Af~D OF APP'~AI~.S. ,~ Vl~3 RECEIVED ~ JUL 2 6 2012 BOARD OF APPEALS LETTER OF AUTHORIZATION Mill Creek Partners, LLC P.O. Box 326 Cutchogue, NY 11935 631 734-5217 July 24, 2012 We hereby authorize Nancy Steelman of SAMUELS & STEELMAN ARCHITECTS to act as our agent in obtaining all permits required by SOUTHOLD TOWN, SUFFOLK COUNTY and NEW YORK STATE for the Renovations to the Mill Creek Inn and Marina located at 64300 Main Road (NY State Rt 25), Greenport, New York. SCTM # 1000-56-07-02. Euge~ne Burger, Managing Member Date BARGAIN AND SALE DEED THIS INDENTURE, made as of thc 14th day of June, 2011 between 64300 MAIN ROAD .SOUTHOLD LLC, a New York limited liability company, having an office do Kriss & Feuerstcin LLP, 360 Lc.xin~on Ave~ Suite 1200, New York, NY 10017 ("Grantor") and MILL CREEK PARTNRI~ LLC, a New York limited liability company, having an office c/o Go,gins & Palumbo, 13235 Main Road,' Maltituck, New York 11952 (°'Grantee"). That Grantor, in consideration of Ten Dollars ($10.00) and .other valuable consideration paid by Grantee, does hereby grant and r~lease unto Orantee, the heirs or succasso,s and assigns of Grantee forever, all that plot, plcce or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Gounty of Suffolk and State of New York, and known as 64300 Main Road, Southold, NY (thc "[~emiseF'), as more particularly described on Exhibit A annexexl hereto and made a part herecL Together with all right, title and interest, if any, of Grantor in and to any s~reels and roads abutting the above described promises to the center lines thereof; Together with the appurtenances and all the estate and ~ights of Grantor in and to said premises; and Subj?.ct to such liens, agreements, covenants, easements, restrictions, consent~ and other matters of record as pertain 1o the Premises. TO HAVE AND TO HOLD the premises herein granted unto Grantee, the heirs or successors and assil~s of Grantee, forever. AND, the party of the first part covenants that tim party of the first part has not done or suffered anything whereby the saki premises here been encombered in any way what~oever, except as aforesaid, AND Grantor, in compliance with Section 13 of the Lien Law, covenants that Grantor will receive the consldcrafion for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvements at the Premises and will apply the same first to the payment of the cost of the improvemems before using any part of the total of the same for any other purpose. [NO FURTHER TEXT ON THIS PAGE] RECEIVED BOARD OF APPEALS IN WITNESS WHEREOF, Grantor has duly executed this deed the day and year first above written. 64800 MAIN ROAD SOUTtlOLD LLC, a New York limited liability company By: Madison Realty Capital, L.P, its sole member By: Madison Realty Capital GP, LLC, its genera! partner Name.dBriauSb~ Ti}l'~.' Managing Member STATE OF NEW YORK COUNTY OF NEW YORK On the ~ 'Z, day of June in the year 2011 befog mc, thc undersigned, a Notary Public in and for said Stat~, personally appeared, Brian Shatz, personally known to me or proved to mu on the basis of satisfactory evidence to be the individual whos~ name is subscribed to the within instmmeat and acknowledged to mc that hc executed the same in his capacity, and that by his signature un the instrument, the person upon behalf of which the individual acted, executed this iflstrument. Notary Publi~ ~ RECEIVED JUL. 2 ~ BOARD OF APPEALS ~XHIBIT A Legal Description TOWN OF SOU11JOLD, COUNTY OF SUFfl)LK AND STATE OF NEW YORI~ BOUNDED AND DESC~ED AS FOLLOWS: RUI~IING 'TI.I'ENQE SOUTR LI' ~ 017 FAST ALONG U~ID NOW OR FDRr41~LY OF REEVE 625.0 H~:, 1'O A POtlg' ON THE SHORE LINE OF ~'GONIC BAY; THENCE THE FOU. gA~G T?IREE (3) I~L~E OOUR~ES AND DI$'rANcES: 1. 5OU~ 7'2e 30' 00"W~-T~ ~77.0 t,tm TO A POr/Kl'; 2, NORTH 13° O0' 0l~' WE51', t17,0 FEEl' TO A POlfl'l'; 3. NOR'~ 60° 57 U~ WEST, 11'~.18 FEETTO A PC~NT ON THE EA31TRLY L~NE OF I./lflD NOW OR FORMERLY OF GOU~M~TH; 11.lENCE NOR'~ 1' ~' 30' WEST)LONG ~ t. IEm/ONED LAND ,!~.00 ~CTTO A POZI~J'ON THE SOUTHERLY LInE OF PUt/g ROAD;, "~ENCE THE FOLLOW~G 1WO (2) GOUP~ES AND I]iSTANC'~i N.ONG THE $OU'II~Rcy SIDE OF HA~N ROAD.; RECEIVED BOARD OF APPEALS FORM NO. 4 TOWN OF ~OUTHOLD BUIEDtNG DEPARTMENT Office or,he Psuild~g tmp~t~ Town Hail 5~tt~d, N.Y. CeHffkafe Of Occupancy JUL. BOARD OF APPEALS No..z. tq97.1 .......... Date ...... ~.Pr~,~ .2.'9 ................. , TH 15 CERTIFtES-that-tt~. buiiding .......................... Locat-iono£,Property . ;662~O .H~ ~o~.d ................. ~.q~ .... Cou~y T~x Map No.'[O~' Se~on . .q ~ ~ ....... Block ...~ ? .......... ~t ...~ ~ ~ ........... Subd~Ss[on ..... X ........................ ~E~ed ~p Ho...~ ..... lot No.. ~ .... , ..... ~.. conforms substantially to'the Application f~ B~ding Permit h~tofore filed in t~.of~e ..... iX ............... ,19... p~rsuant to which B.uil~ng ~t No .... ~ g~.~. O9~.q~ ....... dated ....... X ... 19.,, ~ ~s i~u~..~ confo~a ~ a~.of the r~ui~ts of the appgca~e ~visions of the {aw, The occupm~cy for .wlfich ~is ~ificate isF~. h ., O ...... .r~ur.~.~ ~qi~ions & alterations as liste~, ' ~e'~hficate~ ~dto . ' ,f Aioan Realtv Co~'oorat~on, Inc. of the afotes~d building. <' ' ~DER~RITERS Pe~mi[ ~o. 02549, 110~ ~ CERTIFICATE NO... ~ vK ~ 89~.a~ ............................... *B.P. 10745 g, 6/a3/80 ~o conag~.ucL eoor.over.exiaging deck " 1'0717-Z,- 6/10Z8.0 to construct launduy room addibion to ~es tauFant 11021 Z, 1/26/~1 to make alterati~ tO ki%che~ .&-~estaura~t facilities . / , Bu~dini I~pector *~F~rmit To Ouerate h Service Food Establishment ~o Z-23Ti8 ~lu4 Na,. 4 TOWN OF SOUTHOLD uu£~DING DEP~RTMENT Office of the ~uilding In~-~Lor South~3~, Date June 21, 1995 RECE:[VED JUL 2, t~ Z01Z BOARD OF APPEALS T~IS CY_..P~I~'T~ ~h~t the building Location of Property 6a~n ~wa%1~m~ House N~. County Tax Map No. 1000 Section 56 Subdivision &Cc~ssO~Y 7 L~t FiLed Map No. Lot NO. 2 c~fo=ma subs~antiaI1y to the Al:plioation for B~;~]d~ng permit hsretofor~ filed in this office dated ~v 101 1995 pursuant to which Building Permit No. 2~5-z d~ted ~ 21, 1995 was ~ssued, and co~forms to all of th~ =equirem~t~ o~ the. applicable provisions of the law. The occupancy for which this c~=tifi=ate is issue~ is ~Ti~N~ _~w~__~ .... WX~H. Pv_-m~nx~ IN ~ YArD OF The certificate ia issued to' of ~he &foresai~ SUFFOLK ~Y DEP~ ~ ~ ~L~ ~TtFI~Tt~ BA~D Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY RECEIVED JUL ~ BUILDING PERMIT BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATION,"; UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36485 Permission is hereby granted to: 64300 MAIN RD. SOUTHOLD, LLC CIO SILVERSTONE PROPERTY GROUP 825 THIRD AVENUE FI 37TH NEW YORK__, NY 10022 Date: 6117/2011 To.' CONSTRUCTION OF A NEW RESTAURANT BUILDING WITH ATTIC STORAGE ONLY PER DEC, TRUSTEES, SCI-ID WI FLOOD PERMIT/COMPLIANCE AE(8) - REPLACES PERMIT #32599 At premises located at: 64300 MAIN RD GREENPORT, N.Y. 11944 SCTM # 473889 Sec/Block/Lot # 56,-7-2 Pursuant to application dated To expire on 1211612012. 6117/2011 and approved by the Building Inspector. J~mSq~S L}Ini~O, JL Rober~ A_ Lydia A, Tor~ora Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TI TOWN OF SOL*THOLD AC ON OF THE BEarD OF APPEALS DATE OF ACTION: June 7, 1995 APPL. APPLICANT: ROY SCHOENHAAR. BOARD OF APPEALS LOCATION OF"PROPERTY: 64300 M-i% Rc~d~ Gr~enport, NY COUNTY TAX MAP DISTRICT I000, SECTION 56, BLOCK 7, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by t[~e B,,ilelh,~ Inspec-toe dated Mawr 107 1995: "Aeeessor,jr stt-uehrres r~q,,~,~-~d to be PROVISIONS APPEALED FROM: Amt[ele XII, Sect/on 100-122 (~ef. Article III, Sect[on t00-33). RELIEF REQUESTED:. 12' by 18' .x~einff shed (w/th plumbing nea~ refrigeration-C°oleralso elleroaohln$ side yaed setback) located as shown on the survey map dated July 9, 1984 prepaced by lh~de~lck VanTuyl, P.C., a digtsnee of between 2.5 and 4.0 feet from the westerly p~ope~,ry lille "as ex-lgts." MOTION MADE BY: RobeN A. Villa, Member SECONDED BY: Gerard P. C-oehr4n~L,~r, Chah~n,n ACTION/RESOLUTION ADOPTED: Granted as exists in present location distant-80+ fleom the M-in Ro~d and as =r~_led 35+- feet f~om b-llchead. REASONS/FINDINGS: and limited upland it l.q very close to ~ yard where accessor~r uses a~e ~equived. VOTE OF THE BOARD: No alternative locat/on /~ available due to ~ pre~ent location /8 not -noeasonablo because Ayes: Serge J. Doyen, Member Robert A. Vii1., Member Lyd~--A. go~; Member Jzmes Dini~o, Member. Gel'al'd P. Goeb_aqno~,er, Chair-~n 'APPEALS BOARD MEMBER~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtow n.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailin~ Address: Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0059 Office Location: Town Annex/First Floor, Norda Fork Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 RECEIVED JUL 2 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 l~oad, formerly Mill Creek Irm), 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 application was referred as required under the Suffolk County Administrative Code Sections A 1444 to 23;' 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 0£5 - January 8,W9 ZBA #6150 - Southold Properties LLC, Pr/nc/pi Properties CTM 56-7-2 LWRP DETERMINATION: A Letter from the Town LWRP Coordinator was submitted confumaing 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 restamcant was rebuilt, on the footprint of a pre-existing non-conforming restaurant with minimal setbacks from the bulkhead (boat basin) along Peconic Bay. In MI1 zones the 75' setback recommended in Section 268 Pohcy 6.3 is difficult if not impossible to achieve. In so far as the new exterior deck and ramp construction will enhande the enjoyment of the restaurant on this waterfront, the decks are consistent with LWRP policy since the runoff will be controlled by a drainage infrastruct/~re 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 ali of the land is developed in proximity to the decks, noting the walkway and bulkhead 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 waterfrorit area, as well following procedures to meet other codes, and this will allow a balancing of the code policies to allow the proposed access and continued use. RELIEF REQUESTS]q: 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 fl:. side yard setback, 2. Dee,k 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 b~llrhead, 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 apphcant and the Building Inspector agreed that~the apphcant would apply for a variance and continue work on the rest of the liuilding in heu of a challenge to the legality of the Stop Work Order. Page 3 of 5 - January ZBA #6150 - Southold Properties LLC, Principi Properties CTM 56-7-2 REASONS· FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law .q267-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 charactbr of the neighborhood or a detriment to nearby properties because the decks Till not be visible from the landward sides of the property), are open decks con~t~kucted~ at the same elevation as the first floor of the restaurant, and have the s~me 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 .q267-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 p~actical location for exterior decks is on the seaward side of the restaurant ~or accessible outdoor purposes which are non-cenforming and not permitted Without a variance. 3. Town [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 0£5 -January ZBA #6150 - Southold Properties 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" SOhO-tubes at 4 feet below grade to avoid land disturbance close to the bulkhead. 6. Town Law §267-b. Grant of the rehef 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. ~ESOLUTION OF THE BOARr): 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 drawing, by 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-bnilt 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 shall 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 Occupan .cy, When issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this apphcation when involving nonconformities under the zoning code. This action ZBA #6150 - S6uthold Properties 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 th/s action. The Board reserves the right to substitute a similar design that is de minimis Lq nature for an alteration that does not increase the degree of nonconformity. Vote of the Bo'ard: Ayes: Members Goehringer (Chairman), Oliva, Dinizlo, Simon and Weisman. This Resolution was duly adopted (5-0). SCTM # OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD LAND 0'70O STREET AC...~. Z~,? TYPE OF BLD. PROP. CLASS TOTAL DATE HOUSE/LOT TOTAL COLOR TRiM M. Bldg. Foundation OTHER Bath Dinette c.~,v~, exmn~. Floors Kit. Extension Basement Extension Finished ~. interior Finish L.R. Extension Fire Place ~ Heat D.R. Garage Ext. Wails BR. Porch Dormer Baths Dec,Patio ~ ~ ~ ~,~ Fem. Rm. Foyer J -' TOWN OF SOUTHOLD PROPERTY RECORD CARD -7°2 OWNER ~'REET ,~ .~ ~ ~) VILLAGE DIS'r. SUB. FOP-d~ER OWNER ' ' ' S W TYPE OF BUII~DIN~ R~. S~~, VL. FA~ CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS ~7~ RECiTe/ED 0 '~" ~ ~ BOARD OF Tillable ~ FRONTAGE ON WATER ~2 0 m F~ONTAGE ON ROAD ~ 70 ~ w~land ' M~d~d DEPTH ~ v ~ 00 · Foundation ~ ~ Both ~' x- -,/~ ~: ~ Floors ~ 0 ~ >~ Basement ' ~ / 2 ~'~ Ext, Wails ~ ,;.,.// nrerior Finish ~ . ,I Fire Place ~ Heat Porch Roof Type Porch Rooms 1st Floor ~_.~^ i Rooms 2nd Floor ~ I Driveway Dormer SCTM # OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE STREET ^Ch..~. ab? TYPE OF BLD. LLC.. PROP. CLASS TOTAL DATE LAND IMP. SUB. LOT FRONTAGE ON BULKHEAD HOUSE/LOT TOTAL COLOR TRiM M. Bldg. Foundation O~ER Bath Dinette C~WL .xm~. Floors Kit. Extension Finished B. Interior Finish LR. Extension Fire Place '~'c_% Heat O.R. Garage Ext- Watls BR- Porch Dormer Baths Z~ ~: ~ ~4~ :am. Rm. Dec. Patio Foyer Pool Libm~/ OWNER STREET .~, /.-~.~.~ 0 ~]) VILLAGE DIST. SUB. LOT S W ~PE OF BUILDING ' R~. S~S, VL. FA~ CO~. CB. MICS, Mkt. Value ~ND IMP. TOTAL DATE R~RKS REO~VED BOARD OF APPEALS ~ll~ble FRONTAGE ON WATER W~l~nd FRONTAGE ON ROAD J M~d~d DEPTH ~ u ~ 0 0 H~ Plot BULKH~D ~'~ //o~ 6-'/'/'/-~"~"--:-z TOWN OF SOUTHOLD PROPERTY RECORD CARD M ,1 "Foundation '~ i / ~ Ext. Waifs / i '~.' '~ Fire Place L Porch Porch Patio Driveway L I Floors interior Finish Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer ) ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 1, 2012 Zoning Appeal No. 6589 Transmitted herewith is Zoning Appeals No. 6589 of Samuels & Steelman for Mill Creek Partners~ LLC- the Application for Special Exception to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Page Cover Letter from Samuels & Steelman Dated July 26, 2012, Authorization Letter from Eugene Burger to Samuels & Steelman to Represent Them in this Matter, Two Pages of Bargain and Sale Deed Dated June 14, 2011, Legal Description of Property, Certificate of Occupancy No. Z10971 for A Restaurant with Additions & Alterations Dated April 29, 1982, Copy of Certificate of Occupancy No. Z-23718 for Existing Accessory Shed with Plumbing in Side Yard of Commercial Property Dated June 21, 1995, Copy of Building Permit No. 36485 for Construction of a New Restaurant Building with Attic Storage only Dated June 17, 2011, Six Pages of Town Board of Appeals No. 4313 Dated June 7, 1995, Four Pages of Property Record Cards, Copy of Site Plan Dated March 13,2012 by Hands on Surveying, Five Pages of Plans Showing Elevations and Floor Plans Dated March 2, 2012 Prepared by Samuels & Steelman. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/27/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6589 Mill Creek Partners LLC 16436 $1200.00 RECEIVED JUL 2 7 Scuthold Town Clerk $1200.00 By lc Thank you. of Southold P.O Box 1179 Southold, NY 11971 Date: 07/27/12 * * * RECEIPT * * * Receipt'g: 140092 Transaction(s): 1 1 Reference Subtotal 6589 $1,200.00 Check#: 16436 Total Paid: $1,200.00 Name: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6589 t · NOAA Office of Ocean and Coastal Resource Management: Clean Marinas Page 1 of 2 site map contacts my state Initiatives I Marinas (gleaning Up Marinas: The Clean Marina Program · What is the Clean Marina Initiative? · Why is the Clean Marina Initiative Imnortant? · Benefits of a Clean Marina PrOgram · NOAA's Role in the Clean Marina Initiative What is the Clean Marina Initiative? The Clean Marina Initiative is a voluntary, incentive-based program promoted by NOAA and others that encourages marina operators and recreational boaters to protect coastal water quality by engaging in environmentally sound operating and maintenance procedures. While Clean Marina Programs vary from state to state, all programs offer information, guidance, and technical assistance to marina operators, local governments, and recreational boaters on Best Management Practices (BMPs) that can be used to prevent or reduce oollution. Marinas that participate in the Clean Marina Program are recognized for their environmental stewardship. Why is the Clean Marina/niUative Important? Marinas and recreational beating are increasingly popular uses of coastal areas. The U.S. Coast Guard reported reported more than 17 million registered recreational boats in 2004. Because marinas are located right along the water's edge, pollutants created by marina activities are released directly into the water. Although not one of the leading sources of polluted runoff, pollution from marinas can have a significant impact on local water quality. Therefore, is it important to promote operation and maintenance practices that will prevent pollution Clean Marina programs help reduce pollution to our coastal waters by from entering coastal waterways, encouraging environmentally- friendly marina and boating Benefits of a Clean Marina Program practices A Clean Marina Program offers many benefits to marina operators and coastal areas participating in the program. Benefits for ~larina$ Operators and Owners · Reduce waste disposal costs. The Best Management Practices (BMPs) will reduce the amount of wastes produced so disposal costs will be less. · Generate new sources of revenue. Studies have shown that Clean Marinas can charge slightly higher slip fees and have fewer vacancies. · Receive free technical assistance. Best Management Practices guidebooks, training workshops and on-site visits are available to marina operators. Often states will even offer on-site assistance for meeting regulatory requirements. · Reduce legal liabilities. By participating in the Clean Marina Program, marinas can ensure they are meeting all r~Julatory requirements, thus avoiding fines. · Enjoy free publicity. States recognize Clean Marinas through press releases, newsletters, and boating guides, otc. · Attract knowledgeable customers. Clean Marinas are aesthetically pleasing facilities that can attract responsible clientele that will follow good beating practices. · Improve water quality and habitat for living resources. The marina and boating industry depends on clean waters and a healthy coastal environment for their continued success. · Demonstrate marina is a good steward of the environment. Many states distribute special burgees and signs for Clean Marinas to display. Clean Marinas are also allowed to use the State's Clean Marina logo on all letterhead. RECEIVED SEP 1 3 202 BOARD OF APPEALS htt p://coastalmanagement .noaa.gov/marinas.html 9/13/2012 ~ NOAA Office of Ocean and Coastal Resource Management: Clean Marinas Page 2 of 2 Benefits for State Coastal Managers and Others Interested in Starting Clean Marina Programs · Educate boaters. The Clean Marina Program is an excellent way to reach out to recreational boaters and demonstrate how they can alter their own practices to minimize impacts on the marine environment. · Satisfy the requirements of the $1;~l;~ Coastal NOnDoint Control Prooram. By developing a Clean Marina Program, a state will demonstrate a commitment to implement the marina management measures required by the joint NOAA/EPA program. · Improve Coordination. By joining in the Clean Marina Initiative, states and their partners will be able to join the growing network of Clean Marina Programs nationwide. NOAA's Role in the Clean Harina Initiative NOAA, jointly responsib{e for administering the Coastal Nonaoint Control Proaram with EPA, plays an important role in protecting coastal waters from polluted runoff. The Coastal Nonpoint Program establishes a consistent set of management measures for all coastal states to use in controlling nonpoint source pollution. Management measures are designed to prevent OF reduce runoff from a variety of sources, including marinas. NOAA recognizes that the Clean Marina Initiative can serve a valuable role in protecting coastal waters Many boaters prefer to patronize clean marinas because they value from nonpoint source pollution and has promoted the clean coastal waters for boating and program as a way for states to meet many of the fishing, marina management measure requirements under the Coastal Nonpoint Program. As a result, the Coastal Nonpoint Program has been responsible for driving the development of most of the state Clean Marina Programs existing today and developing a national interest in the Initiative, For more information, contact cleanmarines@noaa.qov. (top) Revised September 17, 2010 ] Acronyms Used I Questions? Contact Us I Report Errors I Disclaimer I Privacy Policy NOAA's National Ocean Service I N~tigngl Oceanic ~n~ Atmospheric Administration ] U.S. Department of Commerce http://coastalmanagement, noaa.gov I I~el~Jte Owner: Office of Ocean and Coastal Resource Hanagement I USA.apr About the Site I Site ~4ao I Freedom of Information Act CFO[A~ I Information Oualitv http://coastalmanagement.noaa.gov/marinas.html 9/13/20 t 2 ~ NOAA Office of Ocean and Coastal Resource Management: Nonpoim Pollution Page ! of 2 Our Proqrams J Nonpoint The Coastal Nonpoint Pollution Control Program The Coastai Nonpoint Pollution Control Program was established by Congress in 1990 to encourage better coordination between state coastal zone managers and water quality experts to reduce polluted runoff in the coastal zone. Poor water quality is not just a result of what we do to the water but what we do on the land as well. Therefore, establishing shared responsibilities for managing coastal water quality between state coastal zone management agencies, who make land use decisions, and water quality agencies, who deal directly with the quality of our coastal waters, is needed. The Coastal Nonpoint Pollution Control Program, which falls under Section 6217 of the Coastal Zone Act Reauthodzation Amendments (CZARA), is jointly administered by NOAA and the Environmental Pretection Agency (EPA). The Program is unique in that it establishes a set of management measures for states to use in controlling polluted runoff. The measures are designed to control runoff from six Nonpoint source pollution, or polluted runoff, is the greatest threat to coastal waters. Note the darker, murky water flowing from the developed area at the lower right. main sources: forestry, agriculture, urban areas, madnas, hydromodification (shoreline and stream channel modification), and wetlands and vegetated shorelines, or riparian areas. These measures are backed by enforceable state policies and actions--state authorities that will ensure implementation of the program. All coastal and Great Lakes states and territories, which participate in the Coastal Zone Management Program are required to develop coastal nonpoint pollution control programs. The Coastal Nonpoint Program focuses on pollution prevention, minimizing the creation of polluted runoff rather than cleaning up already contaminated water-- a very difficult and expensive process. The program encourages pollution prevention efforts at a local level, particularly improvements to land use planning and zoning practices to protect coastal water quality. Some of the land use practices NOAA recommends through the program include: preserving natural vegetation, avoiding development within sensitive habitats and erosion-prone areas, and limiting The Coastal Nonpoint Pollution impervious surfaces such as pavement, decking, and Control Program establishes roof tops, to the maximum extent practicable. management measures to address nonpoint source pollution from a Links variety of sources, including agricultural activities. Factsheet About the Coastal Nonooint Pollution Control Proqram -- The factsheet provides an overview of the Coastal Nonpoint Pollution Control Program. Coastal Zone Hanaoement Act (CZHA) section 62:L7 -- Statutory language establishing the Coastal Nonpoint Pollution Control Program under the Coastal Zone Hanagement ACt. Section 319 of the Clean Water Act (CWA) -- Statutory language establishing EPA's Nonpoint Source Hanagement Program (Section 319) under the Clean Water Act. EPA, Office of Wetlands, Oceans, and Watersheds -- The EPA Office that jointly administers the Coastal Nonpoint Pollution Control Program with NOAA. http://coastalmanagement.noaa.gov/nonpointJwelcome.html 9/13/2012 , NOAA Office of Ocean and Coastal Resource Management: Nonpoint Pollution Page 2 of 2 NOAA's Clean Marina Website -- The Clean Marina Program is a voluntary, incentive- based program that can help state's address nonpoint source pollution from marina and boating activities and implement the marina management measures required under the Coastal Nonpoint Program. For additional information, contact Allison Castellan. Revised October 07, 2009 [ Acronyms used [ Questions? Contact Us I Reoort Errors I [~isclaimer I Privacv Policv [~QAA's National Ocean Service I National Oceanic and Atmosohenc Administration I U.S. Deoartrnent of Commerce http://coastalmanagement.noaa.gov I WebSlte Owner: Office of Ocean and Coastal Resource f4ansgement I USA, oov About the Site I Site hlao I Freedom of Information Act (FO[A) I information Oualttv http://coastalmanagement.noaa, gov/nonpoint/welcome.html 9/13/2012 SECTION 4: Management Measures SECTION 4: MANAGEMENT MEASURES ~0 Section 4 Contents Introduction ........................................................................................................................ 4-1 4.1 Marina Flushing ........................................................................................................ 4-7 4.2 Water Quality Assessment ..................................................................................... 4-13 4.3 Habitat Assessment ................................................................................................ 4-19 4.4 Shoreline Stabilization ........................................................................................... 4-27 4.5 Storm Water Runoff ................................................................................................ 4-31 4.6 Fueling Station Design ........................................................................................... 4-45 4.7 Petroleum Control .................................................................................................. 4-53 4.8 Liquid Material Management ................................................................................. 4-59 4.9 Solid Waste Management ....................................................................................... 4-67 4.10 Fish Waste Management ........................................................................................ 4-73 4.11 Sewage Facility Management ................................................................................ 4-77 4.12 Maintenance of Sewage Facilities ........................................................................ 4-87 4.13 Boat Cleaning .......................................................................................................... 4-91 4.14 Boat Operation ........................................................................................................ 4-95 4.15 Public Education ..................................................................................................... 4-99 Introduction Management measures are the best available, economically achievable practices or combina- tions of practices that can be used to address nonpoint source pollution from marinas and recreational boating. Best management practices (BMPs) are individual activities or structures that can be used alone or in combination to achieve the management measures. EPA identified 15 measures for implementation within state coastal management areas. From discussions with marina owners and operators at facilities on fresh waters nationwide, these 15 management measures and associated practices have been found generally to be just as applicable to freshwater marinas as to coastal water mari- nas. They form the basic measures recommended in this guidance. This section discusses the 15 management measures for marinas and recre- ational boating and BMPs that can be used to achieve them. The scope of this guidance is broad, covering diverse nonpoint source pollutants from marinas and recreational boating. Because it applies to all types of waterbedies, it cannot provide all prac- tices and techniques suitable to all regional or local marina or waterbody conditions. Also, BMPs are continually being modified and devel- oped as a result of experience gained from their implementation and the innovation of marina owners and operators across the country. The guidance can help marina managers identify potential sources of nonpoint source pollution and offer potential solutions. Finding the best solution to a nonpoint source pollution problem at a marina requires taking into account the many site-specific factors that together compose the setting of a marina and identifying the most applicable BMPs. Considering management measures and B/viPs during marina design will help to ensure that the site has good flushing and water circulation characteristics, avoid encroachment on vital 4-1 National Management Measures Guidance aquatic habitats, improve habitat quality in and around the marina basin, and reduce the potential for water quality problems in the marina basin. Considering pollution prevention possibilites when planning a marina can help ensure that the design of the marina and activities at the marina do not lead to degraded water quality in the basin once the marina is operational. Incorporating pollution prevention and source reduction measures into an existing marina can help improve and protect water quality at the marina. Good water quality can help any marina keep operational costs low and improve customer satisfaction. Marina siting and design play important roles in determining bow good water quality in a marina basin will be. Marina location (open--sited directly on a river, lake, bay, or barrier island, or semi-enclosed--sited on an embayment, cove, or other protected area) affects circulation in a marina basin and, therefore, how well it flushes. The depth of a marina basin affects circulation of deep water in the basin and how often it needs maintenance dredging, if at all. Dredging stirs contaminants from the bottom and can disturb bottom habitats. Marina design, especially the configuration of the basin and its orientation to prevailing winds, waves, tides, and currents, affects the retention of pollutants in a marina basin and the movement of pollutants out of a basin. Some marinas may be affected by storm water runoff from upland areas in the watershed. Existing marinas can improve water and habitat quality in the marina basin through application of these management measures. Circulation and flushing may be improved in a marina basin by creating an additional opening in a breakwater. Shoreline stabilization may reduce the sedimenta- tion rate and sediment levels in a marina basin, provide an area for patron activities, and make shoreline habitats more suitable for a variety of aquatic and terrestrial plants and animals. Im- provements to storm water runoff patterns, fueling stations, sewage facilities, hull mainte- nance areas, or other areas or aspects of a marina where pollutants are generated can reduce pollutant inputs to the marina basin from these sources and improve water quality. A marina designed with the important points of the management measures in mind--including physical locaton, flushing and circulation, aquatic habitat, shoreline stability, and pollution preven- tion-will probably have better water quality and fewer water-pollution-related problems during its life of operation, and economic benefits may result from making such improvements? This applies whether the management measures are applied while the marina is being designed or incorporated into the marina after it is operational. Subsections 4.1 through 4.15 of this section discuss each of the management measures. It is best to plan to apply management measures comprehensively by first evaluating pollution problems throughout the marina and incorporating those elements of different management mea- sures that will most efficiently and effectively address the specific pollution issues at the marina. With a comprehensive approach to management measure application, any marina can achieve or maintain good water quality and maintain healthy shorelines and aquatic habitats. In addition to the management measures, BMPs are also described. EPA has found the BMPs described in this guidance to be representative of the types of BMPs that can be applied success- fully to achieve the management measures. Site- specific or regional circumstances, however, should be considered in the selection of BMPs for a particular marina. Circumstances such as type of adjacent waterbody, climate, and type of work performed at the marina affect the design con- straints and pollution control effectiveness of BMPs. The list of practices for each management measure is not all-inclusive, and marina operators are encouraged to use other BMPs where they would be as effective as or more effective than those discussed in this guidance. The management measures for marinas and recreational boating are applicable to the facilities and their associated shore-based services that support recreational boats and boats for hire. Generally, the following types of operations and facilities would be expected to benefit by use of See USEPA, 1996: Clean marinas Clear Value: Environmental and Business Success Stories. 4-2 SECTION 4: Management Measures the management measures and BMPs in this guidance: · Any facility that contains 10 or more slips, piers where lO or more boats may tie up, or any facility where a boat for hire is docked. · Boat maintenance or repair yards that are adjacent to the water. · Any federal, state, or local facility where recreational boat maintenance or repair is done on or near the water. · Public or commercial boat ramps. · Any residential or planned community marina with 10 or more slips. · Any mooring field where 10 or more boats are moored. Facilities with fewer than 10 slips, where fewer than 10 boats are moored, or where piers have a capacity of fewer than 10 boats might also benefit from the management measures and BMPs described in this guidance, and operators of such facilities are encouraged to review the information presented here and consider its possible applica- tion to their situations. Some of the management measures (e.g., marina flushing) arc morc applicable to the siting and design phase of marina construction or expansion, while others (e.g., maintenance of sewage facilities) concern marina operation and mainte- nance and are more applicable to operational marinas. Still others (e.g., storm water runoff) are applicable to all marinas, whether in the design phase, already operational, or in the process of expanding. Following the discussion of each management measure and its associated BMPs is a table that restates the management measure and summa- rizes the environmental concerns that the man- agement measure addresses, the BMPs appli- cable to the management measure, and informa- tion pertinent to the implementation of each BMR The table that follows berc, Key to BMP Tables, describes the type of content in each column in the tables. The tables (beginning with BMP Summa~. Table 1, p. 4-11) arc organized as follows: · The first column, Best Management Practice Examples, lists the BMPs mentioned in this guidance that can be used to achieve the management measurc. Where appropriate, BMPs are divided by category, either pollution prevention or source reduction, as described in the Key to BMP Tables. · The second column, Marina Location & Usage, identifies wherc in the marina the BMP would usually be located and the purpose for its use. The applicability of each BMP is categorized as universal, general, or recommended, as described in the Key to BMP Tables. · The third column, Benefits to Marina, describes the benefits that marina owners and operators and boat owners at the marina could expect from using the BMP. The magnitude of the benefits is categorized as high, moderate, or low, as described in the Key to BMP Tables. · The fourth column, Projected Environmental Benefits, describes the environmental benefits that can be expected from using the BMP. These are also categorized as high, moderate, or low, as described in the Key to BMP Tables. · The fifth column, Initial Cost Estimate, is an estimate of the cost of initially installing the BMP (e.g., a structural BMP) or establishing the practice (e.g., a rccycling program) at the marina. A cost range, as described in the Key to BMP Tables, is provided for each BMP. · The sixth column, Annual Operation & Maintenance Cost Estimate, is an estimate of the ongoing cost, if any, of using or main- taining the BMP at a marina. The cost of annual operation and maintenance is esti- mated as for the initial cost estimate. See the Key to BMP Tables. · The last column, Notes, provides descriptions of additional benefits or other information pertinent to the BMP. 4-3 KEY TO BMP TABLES: Title of Management Measure MANAGEMENT MEASURE: The statement of the U.S. Environmental Protection Agency management mca.sure. APPLICABILITY: A statement of the general applicability of the management measure. ENVIRONMENTAL CONCERNS: A descriptive statement of the potential environmental problems, what the pollutants could be, reason for concern, and how they could ~et into the water, MANAGEMENT MEASURE PRACTICES Projected Annual Operation Best Management Marina Location & Environmental & Maintenance Practice Examples Usage Benefits to Marina Benefits Initial Cost Estimate Cost Estimal~ Notes Each best management This is a general Use of this practice A good practice has Estimated cost ranges for Estimated annual cost Each practice has practice (BMP) listed is description of where in should provide clear environmental benefits the purchase, ranges for operating descriptions of a recommended example the marina the practice is benefits to the marina or and improvements to construction, and each practice and additional benefits, used successfully by likely to be used. boat owner for adoption clean boating, installation of each maintaining it in effects, information, rnarin~s or boaters. Many For example, a pumpotu to happen. Benefits may Each recornn~nded practice. Actual costs running condition for a tips, advice, cautions, of these practices are is where it is easiest for be economic, simple to practice has one or more vary from site to site. reasonable use life. or comments to help simple common sense, most boats to get service, use, available off the environmental benefits The initial cost does not Actual costs vaxy from select and use the such as on the f~el dock. shelf, easily for consideration, include the cost of operation to operation, technique for cleaner Not all practices are A vacuum sander is used taughfflearned, and Although it is impossible applying for construction boating and nun-ina appropriate for each in the boat maintenance effective, to predict exact benefits permits and legal facilities. marina since each facility area. No-wake zones are The benefits listed are everywhere, the most services. has site-specific needs, present in the channels typical and will help in common found here will Managers can alter a leading to or near the determining which aid in selecting the most practice to meet their marina basin, practice to select for the cost-effective practice. site-specific situation as site-specific need. Use of any practice must appropriate to achieve predictably result in clear comparable benefits. In and measurable some marinas a single environmental protection practice might be or improvement in water sufficient to achieve a quality. result, and in others a combination of practices might be necessary. This list should not limit anyone from t~ying something new or different if it is cost- effective and practical and will help maintain or improve water quality. Z KEY TO BMP TABLES. (cont.) Title of Management Measure Projected Annual Operation Best Management Marina Location & Environmental Initial Cost & Maintenance Practice Examples Usage Benefits to Marina Benefits Estimate Cost Estimate Notes Some BMPs arc applied Some BMPs may bc HIGH = Considerable HIGH = Considerable NONE = $0 NONE = $0 where products arc used to appropriate for use in all value to user; best environmental protection; prevent pollutants from or most marinas and coslfoenefits when used. clear and obvious water LOW = under $2,000 LOW = under $1 being released into the boats, whereas others quality improvement can water. They are often the have limited usage. Select MODERATE = Of value bc expected. MODERATE = MODERATE = first, best, least costly, and practices that are to user; good $2,000 to 9,999 ] $1,000 to 4,999 most effective practices to appropriate and cost- costfocnefits from usc. MODERATE = Protects prevent contaminants from effective for each site- the environment; HIGH = $10,000 to HIGH = $5,000 to entering the water. BMPs specific need. Every BMP LOW = Some value; improvement to water 24,999 9,999 of this type include not will not work everywhere, fewer cost/benefits to quality could be expected. using a toxic solvent, : Some could be broadly the user. EXPENSIVE = EXPENSIYE = diluting a product so it is effective in many sites; LOW -- Some protection $25,000+ $10+000+ less toxic, switching to a others arc less adaptable to the environment; less or non-harmful for wide or effcctive use. ~imited water quality When a range is When a range is product, or doing improvement expected, given, e.g., High to given, e.g.. Low to something differently so Moderate, expect Moderate, expect cost no pollution results, cost to lean toward to lean toward lower Education can teach people higher end end to change their behavior so they do things in a less polluting manner or to use methods that reduce the type or amount of contamination created. KEY TO BMP TABLES. (cont.) Title of Management Measure Projected Annual Operation Best Management Marina Location & Environmental Initial Cost & Maintenance Practice Examples Usage Benefits to Marina Benefits Estimate Cost Estimate Notes Other BMPs are used to UNIVERSALLY remove pollutants from the RECOMMENDED environment, and are applied between the place where Very effective practice for pollutants are released and the wide use; best choice; water. These practices can greatest cost'benefits; can capture, filter, screen, trap, be used in any marina (or contain, absorb, or chemically on any boat) where neutralize pollutants or divert applicable. them to municipal sewer lines. Recycling and use of a filter in GENERALLY a storm drain are examples. RECOMMENDED Good These BMPs often are more practice for common use; expensive to use and less effective choice; good effective than BMPs that cost/benefits; can be used reduce pollutant releases, in most marinas (or on most boats) where applicable. RECOMMENDED Practice for selected use. workable choice; reasonable cost/benefits; may be used in some marinas (or some boats) where better practices are not available or practical. 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 Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 6, 20t2 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 t179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 6~ 2012: 1:50 P.M. - MILL CREEK PARTNERS~ LLC - #6589 - Request for Special Exception per Article XlII Section 280-55 (B) '1 to operate a restaurant in a Marine II (Mil) District. 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 (63t) 765-1809, or by email: Vicki.Toth~,Town. Southold. ny.us Dated: August 8, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # MILL CREEK PARTNERS LLC 56.-7-2 #6589 VARIANCE SPECIAL EXCEPTION REQUEST RESTAURANT DATE: THURS, SEPT 6, 2012 1:50 PM 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 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 August 6, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,September 6, 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 Au.qust 20th: 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 all 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than August 27th: 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 August 29th: 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 September 4, 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 Encls. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of · (Name of Applicants) SCTM Parcel # I000- ~"b ~"~'~ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK STATE OF NEW YORK I, 90~(.J 0~ [~ ~ residing at (flq~- ~lq~_~ ~/ S~4~ New York, being duly sworn, deposes and says that: On the I~ day of~,q0~ ,20/~, I personally mailed at the United States Post Office in ~ _, New york, by CERTIFIED MAIL, RETURN RECEIPT REQUESq~ED, 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 (~e'Assessors, or ( ) County Real Property Office for every property which abuts and i,5~.cross a public or private street, or vehicular right-of-way of reco, rd, surrounding J~.applicant's property. 8worn to' before me this of ,20 (Notary PUblic) CONNIE O. BUNCH Notary Public, State of New York No. 01BU6185050 -. Qualified in Suffolk Covni-y :,,ommiss on Expires Apw · 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. ,,-3 Ce~f~d Fee $2.95 Certified Fee $2.35 (Endomement Requirec Sponza A L U $ c~ [s..~o Edwin Tuccio c,,~ s,~t~ :z;il~ erhead-, NY ~1901' $I.~0 $~.~5 $<).~0 Total Postage & Fees ~ · 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. ArtfoJe Number- ¢rmn~er fr~ ~/~ 7010 B. Received [] Yes If YES, enter ¢ [] No 3. Sen/i~e Type J~. Celtifled Mall [] Registered [] Insured Mall [3 Express M~l [] Return Receipt for Merchandise r-I C.O.D. 4. Restflcted DaiIvery? (Exba Fee) [] Yes 1670 0002 1168 9434 PS Form 3811, February 2004 Domestic Return Receipt 102595~2-M-1540 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 #I000- -~ ~O '" '-7 COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at ~2~c~3~ ~~ Q.~,~L__- , New York, being duly sworn, depose and say that: Onthe 2. q dayof ;/PD.]~ , 201'~)-~Lpersonally placed the Town's Official Poster, with the date of'hearing and nature of my application noted thereon, securely upon my property, loCated ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior tq the date of the subject hearing date, which heating date wgs shown to be ~ Sworn to before mo this h~y Public, State of New No.o,,,,--,, Qulllfled in Suffolk County (Notary Public~A (~Olllmlulon Expires May 30,~ * near the entrance or driveway en,trance 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 mveme 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 Addressedto: Edwin Tuccio 193 Griffing Ave. Riverhead. NY 11901 -- '1 Agent [] Addressee ~ Cert~ed Mall [] Express M~il [] Registered [] Return Receipt for Merchandise [] Insured ~ ' ' f'I,ic?O.D. 4. Restricted Del~ Fee) [] Yes 2. ,Nt~cle Number (Transfer ~em service [ab~ PS Form 3811, February 2004 7010 1670 0002 1168 9465 · 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 Addressedto: GOldSmith's Boat Shop P.O. Box 1436 Southold, NY 11971 d by ( Printed Name) C. Date of Delivery D. Isdelive~/eddmssdifferentfromlteml? [] Yes If YES, enter~~ u No 3. Service Type .... [] Registered ~O~r~R~g~pt for Merchandise 4. Restricted Deliver? (E~tra F~e) [] Yes 2.~deNumbe? 7010 1670 0002 1168 9458 (Transfer from se/vice fab_., PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 USPS.com® - Track & Confirm Page 1 of 1 English Customer Service USPS Mobile USPS. COM' Quick Tools Ship a Package Send Mail Manage Your Mail Track & Confirm Arrival at Unit August 17 2012 856 am DispatChed to So~t August 16 2012 5 13 pm Facility Acceptance August 18 2012 333 pm Search USPS corn or Track Packages Shop Business Solutions SOUTHOLD NY 11971 Expected Delivery By: August 17 2012 Certified Mailv Return Receipt SOUTHOLD NY 11971 CUTCHOGUE, NY ~1935 CUTCHOGUE NY 11935 Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM ON ABOUT,USPS.COM OTHER USPS SITES Privacy Policy > Govemrrie~t Services ~ About USPS Home Business Customel Gateway Terms of Use ~ Buy Stamps & Sloop, Newsroom > Postal Inspectors ~ FOIA PflRt a Labe~ with Postage ) Mad Service Updates ~ Inspector General > NO FEAR Act EEO Data > Customer Sen/ice Forms & Publications > Postal Exelorer Copyr~gh¢;) 2012 USPS All Rights Rescued https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels 1 =70101670000211689441 9/4/2012 #10828 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 30th day of August, 2012. LEGAL NOTICE SOUIIIOLD TOWN ZONING BOARD OF APPEALS THI II. DAY SEPTEMBER 6, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings THURSDAY SEPTEMBER 6,2012: C.m~over He~ags, continued fi'om A~oun~ed from Puldic Hearing Au- ~2,3012 Buil~ InspeCtor,s luly 10, 2012 Noilce ~or building penni to construct garde ad~ warn/font prope~ accesso~ bulklings may be loc~ed in the front yard, proved that m~ accessovj meets the from yanf by this cod~..~ proposed location is other ~(~. Id Pecothc l~ay) Uaure~ NY :~FM#1~145-4~18 llz00 A.M. - PECONIC LANDING Sworn to before ~-Request for Variance from A~icle V Code Section 280-23 (Bulk Schedule) and the Building Inspector's July 9, 2012 Notice of Disap- proval based on an application for binld- mg permit for construction of a three story aparlment building addition, at; More I than the maxlmum number of 2 ½ stories, ! located at: 1500 BreCknock Road (adj. to Long Island Sound) Grecnport, NY. SCTM#10(~35-1-25 1'1:30 A.M.. GLORIA IL GE:gl. AK ~ #6592 - ~fis is a request for a Waiver of Merger under Article II, Sedtion 280- 10A, tO unrnerge land identified as SCTM #1000-98-$ql, based on the Building spcctor's July 11, 2012 Notice of Disap- provul, which states a non-conforming lot shall me~ge with'an adjacent conforming ~r nonconforming lot which has been held l~ common owne~hip until the totol lot size conforms to the current bulk sched- ule (minimum 40,000 square feet in this R~I0 Re~dentinl Zone Disaic0 this lot is merged with lot 1000-98-~-12, l~;ated at: 215 & L25 Robinson Lane (comer Indian Neck Lane) Peconic, NY. SCTM#-1000- 98-5-11 & 12 '~[~-- Applicant requests a Special 3B(13). 'Hie Applicant is the owner ~uestmg authorization to ~tabllsh an 28043B(~3)(a) total ~lUam fe~lag~ Of mole than the maimum livable ttoor a~a (adj. to Marion Lake) East Marion, NY t~r.a, li?~ to e~ting single family d~e~ing of Grand Avenue) (ad~. to Long Creek) I week(s), successfully commencing on the f~_.~/,~ ~ Principal Clerk day o 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-SlATE OF NEW YORK No, 01V06105050 Qualified In Suffolk County of sane to e.x~ting single family dwelling: heard at each hearing, and/or desiring to dusion of each hcarin~ Hath hear~ will contact our offic~ at, (631) 765-1809, or by email:~. Dated: August 8, Z012 ZONING BOARD OFAPPEAL~ ~3095 Mala Road (Maillng/OliPS) 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 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson July 27, 2012 2 7 2012 : Request for Comments ZBA #6589 - Mill Creek Partners, LLC (Special Exception) As confirmed with your office, the ZBA is reviewing the following application for a Special Exception, and enclosed are copies of 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. NAME TAX#1 ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Mill Creek 56.7-2 #6589 280-55(B1) 7126/t2 Samuels & Partners LLC Steelman Architects Your comments are appreciated by August 24, 2012. Thank you. Encls. 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 Tel. (631) 765-1809 · Fax (631) 765-9064 July 27, 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 XlV of the Suffolk County Administrative Code: ZBA File #6589 Action Requested: Within 500 feet of: Owner/Applicant: Mill Creek Partners, LLC Special Exception - Restaurant (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, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hup://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 24, 2012 Samuels & Steelman, Architects 25235 Main Road Cutchogue, NY 11935 Re: Special Exception #6598 - Mill Creek Partners, LLC Dear Ms. Steelman: Transmitted for your records is a copy of the Board's September, 20, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for a Special Exception. Before commencing any activities, a building permit approval is necessary. Please be sure to submit a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. 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 f ~ ~ --... ~ ~ x~\ SURVEYOR: Hands on Surveyin. g ~-~ /I ~ 26 Silver Brook Drive / Flanders, New York 1t 901 / ! ~ LICENSE # 050363 ZONING ~ DATED 6/22/ti ~ ZONING BUILDING I ~m,,~ AREA: PRINCIPLE BUILDING ~ ~ First Floor: 5,656 SQ. FT. J~ a THa~S ~ ~o-~6-o~-2~ Second Floor: 3,333 SQ. FT. OWNER // PA,,=,~~ ~rC~H~ , , ~ First Floor: 330 SQ. FT. ;~ / ~.. 9119 SQ. FT./84,556 SQ. FT. = 10.78% ~ [ ~ ZONING J "--~' :,~ ~.~ , 10.7% ACTUAL / 20% M~. ALLOWABLE VAC-- /a~'~ :;/ / Pm.C,P, ~e~-~ ~'. ~ PARKING: 27,969 SQ FT/84,556 SQ. FT. = 33% LOT COVE~GE ----. .~ ~ ~ ~ ~ LANDSCAPING: 47,372 SQ FTI84,556 SQ. FT. = 56% % LOT COVE~GE ~ _ zo.~.o zo.~.~ , ~ ~0. . LOCATION MAP ZONING / I / / ~ ~ SOUTHOLD / KEY PLAN ~ i"~i~ / FINAL MAP ~ / .-- % / ~REVIEWED BY ZB~I % / [SEEDEmSlON~ ~ I ~ ~ ~DATED~ r RECE~*VED ?'JUL ~R'D, OF APPEALS 7BA Special Exception REVISIONS: May 23, 20t2 ADJACENT PROPERTY tv'o <~-. ~R )JE~ ~: 1110 D~ BY: UT CHECKED BY: NS DATE: March 2, 20t2 SCALE: 1" = 100'-0" SHEET TffLE: KEY PLAN SHEET NO.: MATCH LINI /I / MAIN SITE DATA SCTM # 1000-56-07-02 PROPERTY: 64300 Route 25 ADDRESS Greenport, NY 11944 SITE: 142,441 SQ.FT. = 3.27 ACRES LAND UNDER WATER: 57,885 SQ FT zo...G= M,," SURVEYOR: Han~s on Su~eying 26 Sdver Brook Drive LICENSE ~050363 LOCATION MAP M~) M (~) O ~AVEL ZOnE x J L SOUTHOLD BAY SITE PLAN SCALE: 1" = 40'-0" \,I / , """ , ~ PARKING REQUIREMENTS // //' '%'~ '"';~ ~ '"'", RESTAURANT: ,,I/ # IOOO-Se-o"[-~..~ '~, ~ ',,, _~ 'Et f LEASED BY HILL~. ~ ?, ,,~ t I SPACE PER 3 SEATS OR 1 SPACE PER t00 SF OF FLOOR "C~EK PA~E~5 ~/i/m2 ~,,, ~ ,,.,~ ,,~,, , AREA WHI;HEVER IS GREATER (DEE LEADE AG~EEHENT FOR ~" .... ~, ~ ',, J ~DITION~ INDORHATION) ~ ......... '~, ~ ',~ J TOTAL 8E T8 OALOU~TION: , '"~ % , I ~SPACES ' ",,, SQUARE FOOTAGE CALCU~TION: ' ~ / ~t ~7 SF / ~00 = 3~47 S~ACES ~ SECOND FLOOR PUBLIC AREA: 2,509 SF / 100 = 25.09 SPACES .... - ............. T~TAL S~.2S SPA~E~ ,~ ..................... " THE TOTAL NUMBER OF PARKING SPACES IS GREATER WHEN ~TC~N[ S~HE~P~ ~ THE CALCULATION 18 BASED ON THE TOTAL NUMBER OF MATCH LINE SEE SHE~SP4 SEATS, THEREFORE 60 SPACES WOULD BE REQUIRED. MARINA: I SPACE PER BOAT SLIP 50 BOAT SLIPS = 50 SPACES TOTAL PARKING SPACES REQUIRED: ACCESSIBLE TOTAL PARKING SPACES PROVIDED: ACCESSIBLE '" - ..... " BOAT SLIPS D~-LIN~AT~m I~'F 5UPFOLK (6) 18.5' WIDE SLIPS t~NVIIRONMENT)d- CON~ULTINE,, (16) 13.5' WIDE SLIPS IMC. 4/l=/Oe AND ~IFIEm ON (28) 10.0' WIDE SLIPS ~AT , , EXISTING BOAT SLIPS: 50 SLIPS ~ (~ ~ ~-. PROPOSED BOAT SLIPS: 50 SLIPS t 110 SPACES wi 5 HC 111 SPACES. w/5 HC ~ .FL~ R=1603.~3' L=292.7g (llE UFE ALONG MEaN HIGH WAI~ MARK) ~IP PAP PARKING TOTAL 111 RECEIVED JUL ~ 8 2012 BOARD OF APPEALS ZBA Special Exception REVISIONS: May 23. 2012 ADJACENT PROPER~Y July 9, 2012 BOAT YARD o PRO~;~T~ O: 1110 DRAWN BY: UT CHECKED BY: NS DATE: March 2, 2012 SCALE: 1" = 40'-0" SHEET TITLE: SITE PLAN SHEET NO: IOA[~IN~ A~EA 0 ~NT~ 00 BAR -- 7 ~ ooooo HALL HAIN 0 0 0 0 HA~INA 0 0 FIRST FLOOR PLAN SCALE: 118" = t' RECEiVED'~ ~ ~JUL ~ 8 ZOI? BOARD OF APPEALS ZBA Special Exception RO J ~'~O~-1110 ;)RAWN EY: NS CHECKED BY: NS DATE: MARCH 2, 20t2 SCALE: t/8"=1'-0" SHEET TITLE: FIRST FLOOR PLAN SHEET NO: 1 tCITC~HEN E:~F:'OI~T AEtnA HAIN BA~ AR.EA BA~ PlNIN~ A'REA C SECOND FLOOR PLAN SCALE: 118" -- 1' -0" EXI~TIN~ EXI~TIN~ BASENfENT I t=XI.GTIN~ BADEt'4ENT I EXIDTIN~ BASEMENT BASEMENT FLOOR PLAN SCALE: 118" = 1" -0" [~ RECEJ"VED ~ JUL ~ 6 2012 BOARD OF' APPEALs ZBA Special Exception DRAWN BY: NS CHECKED BY: NS DATE: MARCH 2, 2012 SCALE: t/8"=1'-0" SHEET TITLE: SECOND FLOOR PLAN SHEET NO: I II I II L44 U LJ I EAST ELEVATION SCALE: 1/8" = 1' 4)" PROPOSED EXTERIOR RENOVATIONS 1. REMOVE EXIST. DECK 2. NEW COVERED ENTRY 3. NEW ENTRY DOORS AND SIDEETES 4. NEW METAL RAILING AT DECKS 5, NEWWINDOW ABOVE ENTRY 6. REMOVE EXIST. SIDE DOOR 7. NEW STONE WALL AT ENTRY WEST ELEVATION SCALE: 118" = 1' -0" PROPOSED EXTERIOR RENOVATIONS 1. NEW DECK 2. NEW METAL RAILING AT DECKS 3. NEW WINDOWS AT SECOND FLOOR II SOUTH ELEVATION SCALE: 118" = 1' 4)" PROPOSED EXTERIOR RENOVATIONS; '1. NEW FRENCH DOORS AT ROOF DECK 2. NEW METAL RAILING AT DECKS 3. HEW WINDOW AT MAIN GABLE The Mill Creek I~__~ NORTH ELEVATION SCALE: 118" = 1" 4)" PROPOSED EXTERIOR I~ENOVATIONS 1. REMOVE EXIST. BRICK AT RAMP WALLS & ENTRY 2, NEW STONE VENEER AT IEXlST. & NEW RAMP WALLS 3, NEW ENTRY - SEE EAST ELEVATION RECEIVED JUL ~ ~ 2012 BOARD OF APPEALS ZBA Special Exception MARCH 2, 2012 1/8"=1'-0" SHEET TITLE: BUILDING ELEVATIONS SNEETNO: 3