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Home My WebLink About3298FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File ~ .............. ~.~ .............. Date PLEASE TAKE NOTICE that your application dated ~ ..... ~., 19 ~ for permit to construct ................................................... at Location of Property ,~.~?.s~4o~..../~.-~../67.....~2.O. ~ ¢~.... ~r~3i ...... ~'<<~7'~' '~N~" ' '~' '~'H3~'*~)~~ County Tax Map No. 1000 Section .. O.-~-'-'-~. ..... Block ....~..~. ...... Lot ....O.O. ~ ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the folloring groundsZ~./t~..7/.lY~t~. ~,/L.C~..~..~. (~ .... ~m/-- ~ ~ c~.. ~m .~.. ~ &S. ~.. ~9/.~. ~.~ ) ........ ~ ~ Building Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK ~' I Bec ~ ~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~.~o~0~ DATE .....O..c.. ,t.,o.b. ,e.~..~...:._ 19 8 4 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..P~....I~.....O..F....E.~....]~...Z.~..R~...S...F-~..:...~.:....of Main Road Nome of Appellant' Street and Number Southold .N,.,e..w.....Y..o..~.k. ......... HEREBY APPEAL TO Municipnlity Store THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of ....s./..s....~..a. ~....x..9_a._d., ........... ~.~.e...h.9.~..a .......................... .~.e...w...~.o.~.~ ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Motel 1. LOCATION OF THE PROPERTY S/s Main Road, Southold Light Industrial Street and Hamlet Zone ...~i~J.~...."..°.~.~...c..o..:.,.... ~.~.:.......~.....~..°....~ ........ OW~E~ (s): . .~.~..~.~..~.~...~.b.?..~ .......... Mop No. Lot No. DATE PURCHASED: 10/31/78 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article VIII, Section 100-80 and Article VIII Section 100-81 TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ,...D..N...A. ...................... Dated ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that we would like to construct a motel on the site of the present fishing station. forty (40) unit Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP because the current use as a fishing station is passe, resulting in operating losses for the owner. Continuation of the fishing station use would result in denying the owner a reasonable return on its property. 2. The hardshipcreated is UNIQUEand isnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use distrJctbecause there are few parcels similarly zoned and situated on the Bays abutting Southold Town. This parcel and the surrounding uses are unique in the aggregate constituting a tourist business, dining and recreation area. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CttARACTER OF THE DISTRICT because the proposed use is consistent with other harbor/marina areas such as Montauk Lake and Greenport-Sterling Basin. The use would compliment the existing marinas and restaurants near the use. Transient housing is necessary for the tourist in- dustry in Southold Town. The parcel is best suited for the "M-l" which is a higher and better use than "Light Industry". PORT OF EGYPT ENTERPRISE$~ INC. ) ss By: ........ COUNTY OF SUFFOLK ) Signature (William Lieblein) - President Sworn to this .... .1..s...t. ......................day of.....~.~9.,r. .................................. 1984 Notary Public ALLEN M, SMITH NOTARY PUBUC, State of New No. 52-3714226 Qualified in Suffolk C~un~ Commission Expires Meroh 30, 19 OF SOUTHOLD PROPERTY RECORD CARD O~'NER FORMER 0WNE~, IF RES. ] SEAS. LAND IMP. ;TREET VL. FARM TOTAL DATE ' COM/¢ /~CB. MI~S. SUB. LOT ,~ TYPE OF'BUILDIN'G / / ' Mkt. Value REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per V~lue Acre Tillable WATER : FRONTAGE ON ;. ~t £,~ ' I',, Woodland t FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Tgtol j DOCK '"", _.~/,t~.-,,~-~'-~' N OF SOUTHOLD PE TY RECORD CARD OWNER FORMER oWN~I STREET S VI LLAGE W DISTRICT SUB. p'"- P~j,E OF BUILDING LOT jest. Mkt. Value RES. LAND t AGE NEW Form Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot 'lfotal SEAS. IMP. /~¢ ~o NORMAL VL. TOTAL ",,- l l '7 c ~ Lx BUILDING CONDITION BELOW Value Per Acre DATE REMARKS, ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKH~D DOCK COLOR TRIM ~n dation ~me~ Fire Place ~creation Room Bath IFIoors t lnterior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway i Dinette JLR. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB, LOT FORMER OWNER'. N E ACR. J S W CODE DATE OF CONSTRUCTION LAND IMP. TOTAL DATE REMARKS Tillable :~: FRONTAGE ON WATI~ Woodlond FRONTAGE ON ROAD N~eadowland DEPTH House Plot BULKHEAD Rrr~ SEAS. IMP. Tillable W~Io~ H~ Plot iTOWN OF SOUTHOLD PROPERTY STREET S VI LLAGE RECORD CARD SUB. ACR. TYPE OF BUILDING LOT VL TOTAL FARM DATE C~ CB. MICS. Mkt. Value DEPTH ,.~ ~ BULKHEAD FRONTAGE ON WATER] FRONTAGE ON ROAD ~?~;~ TOWN ,OF SO____=_D,RTY RECORD CARD LOT ~ ~ IMP. I TOTAL DATE BELOW NEW NORMAL Farm Acre I Value Per Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland. House Plot Total REMARKS ~Cg.*~ Lr ~z7 ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKHEAD DOCK TOWN OF SOUTHOLD PROPERTY ]I~'~ORD CARD -- OWNER iTREET VILLAGE DIST. ,, ~UB. LOT I S .~ . ,, W . ' TYPE OF BUILDING TOTAL IMP. RES. LAND FARM DATE C0.~M_' _.' CB. MICS. /Mkt. 'alue J 70 REMARKS Woodland ~m:~dowland DEPTH BULKHEAD j/ TillablJ [ I FRONTAGE ON WATER ./Z [.' ' FRONTAGE ON ROAD OWNER FORMER OWNER RES. TOWN LAND SEAS. VL. IMP. STREET OF SOUTHOLD PROPERTY RECORD CARD VILLAGE SUB. N TOTAL ! FARM W ' ACR. TYPE OF BUILDING LOT 'Total House Plot DEPTH BULKHEAD Tillable FkONTAGE ON WATER Woodland FRONTAGE ON ROAD COMM. CB. MICS. Mkt. Value I DATE REMARKS i/.~// .~, ~, ~:~ ~/~. ~F'~ ~o.~' RECORD CARD ~" ACR~GEI ~ ,~. ~L~:~,'~w~ .... I ~'~ - ~ ~PE OF BUILDING RES. SEAS. LAND IMP. Farm Acre Tillable 1 Tillable 2 VL. FARM COM]y~ / I J , ~,'~z~ -'7~ I IND. CB. MISC. TOTAL DATE J REMARKS -- - ...... = .... ',_/ - I -, . - d- .'¥' ~_~. i Tillable 3 Woodland --~Swamplond House Plot , . Page 6 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May I; 1990 RESOLVED, to GRANT the relief requested for a setback from the easterly sideyard at 15 feet and for a setback from the existing bulkhead at its closest point at 38 feet, as applied under Appeal No. 3770 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC., SUBJECT TO THE FOLLOWING: 1. That the building be used as applied for boat storage only; 2. That the size of the proposed building be not larger than as applied (203' by 125'); 3. That the lot coverage not exceed thirty (3~) percent, for all buildings for the entire marina-restaurant site, excluding concrete slabs at 6" or less from ground level; 4. That the parking plan included all properties owned jointly and/or separately to provide for additional parking (specifically the parcel located along the north side of the Main Road in which the applicant has an interest as well as those parcels described, supra). That it is recommended that the building be of.a color' neutral to the aquatic~urroundings so me to-b~e~%d: %n(wlth the ~a~w~/_~ surroundings.) 6. That the setbacks not be raduc~d to less than 15 feet a~ the easterly side Property line and not less than 38 feet to the bulkhead (to the south) at its closest points at any time. 7. Ail roof runoff be retained in leaching basins. : Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Grigonis and Sawicki. Absent was: Member Doyen of Fishers Island. This resolution was duly adopted by unanimous vote of all members present. P. GOEHRINGER, CHAIRM~ TOWN OF SOUTIIOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 2863 by application bated August 3, 1981 F~led August 5, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF~HE TOWN OF SOUTHOLD To Edward John Boyd V, Esq. as a~torney for Southold Marine Center Land Holding Corp. Main Road, Southold, NY 11971 Appellant at a meeting of the Zoning Board of Appeals on October 2, 1981 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance lo the Zoning Ordinance Article VIII, ( ) Section 100-81 the appeal ]' SI~%F~l~OE~~Yo~o~/~41~ve~XaVe~e~ev~X~k~X~Y~a~ ( ) be ~anted ( ) be de,ed pursuant in ~ticle .................... Section .................... Subsection .................... pa~graph .................... of the ~ning Ordinance and ~e decision of the Building I~pector ( ) be reversed ( ) be co~kmed b~ause Public Hearing: 9/17/81: Application of Southold Marine Center Land Holding Corp., Main Road, Southold, NY (by Edward John Boyd V, Esq.) for a Variance from the determination of the Building Inspector for: (1) insufficient buildable upland area; (2) proposed easterly lot will have existing buildings with insufficient sideyards; per Bulk and Parking Schedule.and:Section 100-81. Location of Proper- ty: South side of Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by O'Hara; south by Budd's Pond; east by Port of Egypt, Inc.; County Tax Map Parcel Item No. 1000-56-6-2 & 3; 1000-56-4-15. (SEE ATTACHED SHEETS) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (SEE ATTACHED SHEETS) (b) The hardship created (is) (is not) unlque and (would) (would not) be shared, by all properties alike in the immediate vicinity of this property and in the same use district because (SEE ATTACHED SHEETS) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE ATTACHED SHEETS) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that ~he previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk ZONING BOARD OF APPEALS FORM ZB4 P~ge 2 - Appeal No. 2863 I Action of the Zoning Board of Appeals Rendered 10/2/81 Matter of Southold Marine Center Land Holding Corp. By this appeal, appellant seeks variances to the zoning ordi- nance, Article VIII, Section 100-81, Bulk and Parking Schedule, to divide premises located on the south side of Route 25, a necessary prerequisite to a sale of the westerly portion thereof. The Building Inspector's reasons for disapproving such division, in effect, are as follows: (1) insufficient buildable upland area, (2) proposed easterly lot will result in existing buildings having insufficient side yards, (3). the easterly lot with existing buildings and uses will (possibly) be without the required off- street parking for that use [off-street parking to be determined by the Planning Board]. I The premises in question has a total acreage on the south side of Route 25 of approximately 3.6 acres, which includes approximately 1.2 acres of u~nderwater land on the west side. The proposed west- erly parcel will contain an area of approximately 77,400 square feet (45,500+-~under water and 32,000+- upland), with 222 feet along Route ~25. The proposed easterly parcel will contain an area of approximately 82,700+- square feet, with 222.96 feet along Route 25. The premises in question located on the north side of Route 25 has an acreage of approximately one acre, with 200 feet along Route 25. The location of the division line between the westerly and easterly parcels located on the south side of Route 25'as proposed will leave a sideyard setback of the most northerly structure (on the easterly parcel and labeled one-story frame building on applicant's survey dated 8/28/72 and presently used for showroom and storage pur- poses) of approximately four feet, and a sideyard setback of the southeasterly structure (on the easterly parcel and labeled 2-story frame motel and which has been used as a "scallop house") of ap- proximately one foot. The structures located on these premises are as follows: (1) proposed westerly parcel at the south side of Route 25: docks and concrete platform; (2) proposed easterly parcel at the south side of Route 25: one-story frame building to the north and recently used for showroom and storage purposes; one two-story and one one-story frame buildings [labeled motel on applicant's survey]; small locker; one-story frame building presently used for retail sales and containing one dwelling unit; (3) parcel located at the north side of Route 25: substantially large metal building presently used for boat storage. Upon personal inspection of the premises, the Board finds that the areas to be utilized by the public for egress and ingress are unpaved, unlevel and of very poor condition. This Board also agrees with the determination of the Building Inspector that park- ing requirements should be as determined by the P~anning Board. Rage 3 Appeal No. 2863 Action of the Zoning Board of Appeals Rendered 10/2/81 Matter of Southold Marine Center Land Holding Corp. The Board finds that the relief as requested is not substantial in relation to the zoning requirements of the Town; that the relief requested is within the spirit of the zoning ordinance; that if the relief is granted no adverse effects will be produced on available governmental facilities of any increased population; that the relief if granted will not change the character of the neighborhood; that the practical difficulties are unique; and that the interests of justice will be served by granti~g the relief requested, subject to the conditions as listed below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, ~t is RESOLVED, that Southold Marine Center Land Holding Corp., Appeal No. 2863, be granted a variance to divide the premises for purposes of sale of the westerly portion thereof as shown on the map annexed ho the appeal, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That vehicular access to the southerly portion of the proposed westerly parcel located on the south side of Route 25 shall be provided along the easterly boundary of said westerly parcel, if possible, or by access through the easterly parcel which is to be retained by the present owner. Suitable recordable instruments giv- ing such right-of-way shall be provided for this appeal record and recorded in the Suffolk County Clerk's Office. Any such access shall have a minimum width of 30 feet. 2. That access roads affording ingress and egress by the public of both parcels located on the south side of Route 25 shall have a minimum width of 30 feet; shall remain open and unobstructed at all times; shall be regraded and paved in accordance.with the following specifications, to wit: (a) Surfaced with a minimum depth of four inch~s of packed 3/4" stone blend so as to afford access for emergency and other vehicles; such stone blend may be either applied to the ground sur- face and shaped, or the surface may be excavated to permit the application of packed blend to a depth of 4"; or in the alternative (b) Shall have topsoil removed to a depth of 8", and then filled with 8" of a good grade stone and sand bank run. The surface shall then be covered with a layer of two to four inches of 3/4" stone blend, or oiled with a minimum of 4/10ths of a gallon of road oil per square yard. 3. That there shall be no storage of boats or other material within 35 feet of the Main Ro~ on two of the parcels in question at any time (the two parcels in question being located on the north side of Route 25 and the easterly proposed parcel at the south side of Route 25). No storage of boats or mother materials to 'be within 16 feet of the northerly property line on the westerly proposed parcel at the south side of Route 25. PDge 4 Action of the Zoning Board of Appeals Rendered 10/2/81 Matter of Southold Marine Center Land Holding Corp. 4. That the existing buildings and uses ~hall remain as is as of the date of this variance; and in the event a building or use is proposed to be altered, modified, changed, added, increased, in any way, such proposal shall be subject to the prior approval of this Board, except that the three buildings located along the easterly boundary line of the proposed easterly parcel at the south side of Route 25 and used in whole or in part for dwelling units shall comply with the living floor area requirements of Section 100-42 of the zoning code. 5. That no further businesses or uses are permitted on any of the three parcels at any time in the future without the express written prior approval of this Board. I 6. That the structures on any of these parcels shall not exceed 20% lot coverage. 7. That the outer easterly side of the most northerly struc- ture (known as the building used for showroom and storage purposes) cannot at any time be used for storage of boats or other items. 8. That the grant of this variance is subject to obtaining approvals from the Southold Town Planning Board for parking and subdivision. 9. That this matter shall be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter, and shall be subject to such action of the Suffolk County Planning Commission. Location of Property: North and South Sides of Route 25, Southold, NY; County Tax Map Parcels No. 1000-56r6-2 & 3; 1000- 56-4-15. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Member Doyen [Fishers Island] was absent. APPROVED I;hai[man Boarrl ol ~p~a~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI October 17, 1984 Allen M. Smith, Esq. Tooker and Smith 1380 Roanoke Avenue Riverhead, NY llgOl Re: Appeal No. 3298 - Port of Egypt Enterprises Dear Mr. Smith: In reviewing the recent application and site plan dated July 19, 1984, filed with our office October 9th, the board has requested the following information before we may proceed with this application: 1. Site Plan to be corrected to include the following: (a) setbacks of all proposed buildings and buildings to be retained on site from all property lines and bulkheads; (b) dimensions/size and sales and footage of all buildings; distances of road lines as shown on survey; deletion of areas office areas in square frontages; actual lot not under consideration; (c) all other elements listed under Article XIII, Section lO0-134(A),(B),(C),(D) [copy attached for reference]; (d) parking areas shall be screened as approved by the Planning Board as well as site plan (preliminary) approval, which is required for any use in a commercial or industrial zoning district [Article XI, Sec- tion lO0-112(J)[5]. 2. Six copies of a topographical survey of all premises involved in this application and lowest floor elevations above mean sea level; 3. Comments or approval from the Suffolk County Health Department; 4. Comments, approval or letter of nonjurisdiction from the N.Y.S. Department of Environmental Conservation. · Page 2 - October 17, 1984 Allen M. Smith, Esq. Re: Appeal No. 3298 - Port of Egypt Enterprises We would recommend at this time that the site plan be submitted to the Planning Board and the Building Inspector for review and/or certification as required under Article XIII, and for review under the Floodplain Management regulations, Chapter 46 of the Town Code, since additional variances may be needed. Upon receipt of all of the information listed, we will be in a position to proceed w~th this application accordingly. Thank you for your anticipated cooperation. Yours very truly, lk cc: Planning Board Building Department Enclosures GERARD P. CHAIRMAN GOEHRINGER TOOKER AND SMITH F~IVERHEAD~ NEW YORK, V, ANTHONY ~V~AGGIPINTO OF COUNSEL October 10, 1984 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Port of Egypt Gentlemen: Please accept this letter in furtherance of the application filed on behalf of the above reference on October 5th. I am advised that you asked for information on the most westerly portion of the premises, commonly known as, Morris parcel. Please be advised that the Morris parcel is not a part of this particular application. AMS:tws Allen M. Smith cc: William Lieblein George Cottral JUDITH T. TERRY TOWN CLERK REGISI'RAROI VITALSlAIISI'ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 9, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Appeal No. 3298 application for a variance for Port of Egypt Enterprises, Inc,, and accompanying papers as outlined on the attached letter of transmittal from Allen M. Smith, of Tooker and Smith, dated October 5, 1984. Judith T. Terry Southold Town Clerk TOOKER AND SMITH ATTORNEYS AND COUNSELORS AT LAW I380 ROANOKE AVENUE RIVERHEAD, New YOrK 11901-0602 October 5, 1984 Zoning Board of Appeals Town of Southold Main Road Southold, New York 11971 BY HAND Re: Port of Egypt Enterprises, Inc. Gentlemen: We submit the following on behalf of our client: 1) Port of Egypt Enterprises, Inc. Check No. 16244 in the amount of $50.00 for filing fees 2) Three duplicate original applications for a variance with "Notice of Disapproval" attached 3) Notice to Adjoining Property Owners Form with affidavit of mailing 4) Short form Environmental Assessment Form 5) Six copies of the survey 6) A copy of the plans for the development of the motel. Please accept these papers for filinG. We enclose a self- addressed stamped post card on which we ask you to advise us of the hearing date set for this matter. We thank you in advance for your attention to this matter. Allen M. Smith AMS: pk Encs. cc: William Lieblein GeorGe Cottral Richard Ward Merle WigGins TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~q~' DATE.....O..c.t.. ,°. b..e. ~..~./.... 19 8 4 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, Main Road Name of Appellant Street and Number Southold ?...e.?.....~.9..~..k. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: F'OR: WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of Ln....5.o..a..d..,. .......... Ad .......................... .e...w... ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Motel 1. LOCATION OF THE PROPERTY S/s Main Road, Southold Light Industrial Street and Hamlet Zone Lewis Homes Co., Inc. 1 to 9 OWNER(S): same .a.s..a.b.o.v..e .... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) -' Article VIII t Section 100-80 and Article VIII Section 100-81 3. TYPE OF APPEAL Appeal is made herewith for ~(X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.....D..~...A. ...................... Dated ...................................................................... ( ) (x~O ( ) is requested for the reason that motel on the site of REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance we would like to construct a forty (40) unit the present fishing station. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would pmduce practicaldifficultiesorunneces- sory HARDSHIP becau~ the current use as a fishing station is passe, resulting in operating losses for the owner. Continuation of the fishing station use would result in denying the owner a reasonable return on its property. 2. The hardship createdis UNIQUEondisnotshared by all properties alike in the immediate vicinity ofthis property and in this use district because there are few parcels similarly zoned and situated on the Bays abutting Southold Town. This parcel and the surrounding uses are unique in the aggregate constituting a tourist business, dining and recreation area. 3 The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CttARACTER OF THE DISTRICT because the proposed use is consistent with other harbor/marina areas such as Montauk Lake and Greenport-Sterling Basin. The use would compliment the existing marinas and restaurants near the use. Transient housing is necessary for the tourist in- dustry in Southold Town. The parcel is best suited for the "M-I" which is a higher and better use than "Light Industry". STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Signature (William Lieblein) - President Sworn to this ......... 1..s..,t. .............................. day of.....?..c.~:.~.b.e..:~ .................................. 1984 Notary Public ALLEN M. SMITH NOTARY PUBUC, ~tate of New YOrK No. 52-3714225 Qualified In 8uffolk County Cemml~lon Explre~ March ~0; 19 BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter og the Petition of : Port of Egypt Enterprises, Inc. : : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~z-it i~zJ3~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~ (Special Exception) (Special Permit) (Other) [circle choice] to construct a forty (40) unit motel 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: south side of Main Road, Southold, New York~ Suffolk County Tax Map NO. 1000 056.00 06.00 002.000 commonly known as the Port of Egypt Fishing Station 3. Thattheproperty whichisthesubiectofsuchPetitionislocatedinthefollowingzoningdistrict: C Light Industrial District 4. That by such Petition, the undersigned will request the following relief: side yard, use and lot area variances 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article VIII SectionS 100-80 and 100-81 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. $outhold, New York and you ma), then and there examine the same during regular office hours. (516) 76~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. October 5, 1984 Dated: Port of Egypt Enterprises, Inc. by~koker and Smi~J~its~eys Petitioner Allen M. Smith PostOffke Add,ss I380 RoanoKe Avenue, P.O. Box 839 Riverhead, New York 11901 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Southold Marine Center Land Holding Corp. (No. #) Main Road Southold, New York 11971 Cappa Armando Main Road Peconic, New York 11958 Budd's Pond Marina, Inc. (No. ~) Main Road Southold, New York 11971 P 529 766 907 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MAIL (See Reverse) P.O., ate and ZiP Code Postage Certified Fee ~ecial Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom Date, end Address of P 529 7S1 P 529 766 906 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., State nd ZIP Cod Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address ~ RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., State and ZIP Cede Postage Certified Fee ~eclel Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered F~tum receipt showing to whom, Date, and Address of Delivery TOTAL Postagj~-~~~ ( P°'tmer" °lDate n~'r Allen M. Smith Jacobs Place , residing at Aquebogue, NY 11931 , being duly sworn, deposes and says that on the 5th day of October ,19 84 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Riverhead ; that said Notices were mailed to each of said persons by (certified) ~fegi~e~e&) mail. Allen M. Smith Sworn to before me this Notary Publ~ GLENDA E. $OREN~4)N Notan/Publia, State d New Yerk No. 01504801788, Suffolk County Commleaion F. xpire~ March 30, 1985 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File ~ .............. ~ .............. . . . PLEASE TAKE NOTICE that your application dated.. ~ ..... ~.,19 ~ for permit to construct .................................................... at Location of Property $/37.s~4o~... 'S't/~i ...... '~' '/~e't~ County Tax Map No. 1000 Section .. (~.,~-'-~. ..... Block ....~..~. ...... Lot ....O.O.~ ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds/~.~..~t. 0-,~,. ~/t.C~..~..~. (' .... ~1~ ~; Bdl~in~ Inspector RV 1/80 The ;;.Y.S. Environmental (luaii:y ;{{;view /,ct requires sub- mission of this~rm, and an environmenLal ,iow will be made by this bo~ before any action is S~ORT ENV~ON~EllT.(L ~SSESSP~EN? FO.~M I)IS~L~TZC~S~ (a) ~n crdJr to ·nswer the qusst~ons in thia short EAF ~s ia asstuqed that th~ pre.ret wnZ uae currently available ~fo~lon conceding ~he proJec~ and l~ely ~cts of the action, It is no~ e~ected t~t additional s~udiee, research other investigations w~l be ~dertaRen. (b) If any question has been answered Yes ~he pt-oJect ~y be ai~ificant an~ a ccmpleted Envirom~ental Assessment Fo~ is necesoar/. (c) If all questions have been answered ~o it is l~ely t~t this project significant. (d) ~virom~ental Assessment 1. W~i project reset in a large physical change to the project site or physicall~ alter more t~n 10 acres of land? . · · · · · · . · . . Yes X NO 2. Will there be a major change to an7 unique or unusual land form found on the site? · · , · Yes X No 3. Will project alter or have · large effect on an existing body of water? . . . . . . . . &. Will project have a potentially large lmpaci~ on ~oundwater quality? , , , , · · · · · · Will proJec~ si~iftcantly effect drayage ~ on ad~acenC sites? · · · , · · · · · · · 6.Will project affec: any t~eatened or endangered plan% or anal species? . . . , . , , · · · 7. W~i project res~ in a major adverse effect on air quality~ · · · . · , · . · · ~, W~l proJec~ have a m~Jor effec~ on vlsuel c~ ac~er of the co~unlCy or scenlc views or vis%aa kno~ ~o be ~porcan~ %o ~he con. unity? . . . Yes ~ No 9, Will project adversel~ ~pac~ any site or s~c~ ute of historic, pre-historic, or paleontological importance or any sl~e desi~ated as a critical envtro~en~l ·rea by a local agency? . . . Yes X No 10. W~i proJec~ ~ve a ~Jor effect on exis%~g or future recrea~ional oppor~t%tes? · · · ~ Yes X No 11. Will proJec~ result in ~Jor ~rafflc problems or cause a major effec~ to existing ~ranspor:a~lon systems? e · · · · * , · · * * · ~. Yes X No 12~ Will proJec~ reg~'rly c~use objectionable odors,'~ noise, glare, vibration, or electrical dtstur~ ~ .' anco as a rest% of the proJecC'~ operation? . Yes ~ No 13. Will project have any impac~ on public health or safety? , , , , , . , , , , , , Yes X No 1~. Will project Affect %he existing co. unity by directly causing a ~rowth in permanent pop.a- :ion of more than 5 percent over a on.year period ~ have a major negative effec~ on the character of the community :r neig~ornooO?.. . Yes X 15. I, there p~con~s~~the project? Ye, X No PREP~RER'S S!GNATL~E~ ~~..~ TI~E: Attorney REPRESENTING: Po~ of ~t ~te~rises. I~TE: 10/5/84 Yes X No Yea X No Yes X Nc les--X No Y~e X ~o 0 0 It, 0 0 , ?o~o=o ~,~. r~TO?Ab HOT~..L, LI~,f~' IOi 000 ~,~, IO'TAL F'~O~D~D tDL/ILD[NO L.CrF I, O"7 IbL4~uD[ NG =~ ,'"/'?. UP'hAND O, ~.eTAM~-AM'r LJ¢~ HAiN 15LllL.~IN~ IrZ~, I '?.~ Tu ~AL.. · 0 ~CH~DULg ~t4, ' 4% ~0 omo I I PC~T C~ EOYPT ~:U.T~ Oh.~ N.h'" drawn / /o/'~h"/