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HomeMy WebLinkAbout6608 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 t179 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 20, 2012 ZBA FILE No.: 6608 SE ~ NAME OF APPLICANT: Chloem, LLC SCTM# 1000-56-04-22 PROPERTY LOCATION: 64755 Main Road (aka NYS Rte 25), Greenport, NY RECEIV~D · 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 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 29, 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: 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: Subject parcel consists of 46,309 square feet in the Marine II (M-II) Zone District. It has 300 +/- feet of frontage along Main Road (SR 25), 200 feet along the eastern boundary, 187.11 feet along the northern boundary and 200 feet along the western boundary. The parcel is improved with a one story frame building. All as shown on the Survey prepared by John Metzger, L.S., last revision dated Oct. 26 2012 (offsets added). BASIS OF APPLICATION: Request for Special Exception per Code Section 280- 55B (5) to operate a Fish Market with combination of wholesale and retail sale of finfish and shellfish. RELIEF REQUESTED: The applicant proposes to renovate and covert the existing structure from a restaurant to a proposed fish market with an accessory prepared seafood take-out/eat-in area consisting of four (4) tables with a maximum of 16 seats. ADDITIONAL INFORMATION: The Southold Fish Market has, for the past 50 years, been located at the Port of Egypt Marina in Southold. The applicant had worked at the Southold Fish Market since 1987. The applicant acquired the business from the prior owner in 1999 where and Page 2 of 4- December 20, 2012 ZBA File#6608 -Ch;oem, LLC SCTM: 1000-56-4-22 when he maintained the Fish Market operations. The lease agreement between the Southold Fish Market (tenant) and Port of Egypt (landlord) was not renewed. The applicant then purchased the subject parcel primarily because it is zoned Marine II which permits a Fish Market by Special Exception. There are letters of support for this application submitted by Braun Seafood Co. (a Fish Market business similar to what the applicant proposes) and by the adjoining property owners to the east. There was testimonial support during the public hearing by a member/spokesman of the Town of Southold Baymen's Association. There is no recorded opposition to what the applicant requests. The existing structure and property has not been used in several years and its deteriorating condition has created a visible negative impact to the character of this neighborhood and community. The existing structure received Special Exception approval for a restaurant by the Zoning Board of Appeals application file #6322 dated 10/22/2009, which is hereby replaced by this determination. Comments received from the Town of Southold Planning Board dated November 27, 2012 state that an amended site plan application is not required because the proposed fish market with accessory prepared seafood take-out/eat in area does not create any intensification of use of the previously approved site plan for an 80 seat restaurant, and the site plan will not be significantly changed in its conversion to a fish market use. At the public hearing on December 6, 2012, the applicant's agent testified that the request from the Planning Board for receipt of a photometric lighting plan has already been submitted to them, and that other safety methods they recommend, such as ingress/egress, signage, and a no parking area in the front, appear on the site plan submitted to the ZBA. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, 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 of the parcel and structure(s) as a Fish Market with an accessory prepared seafood take-out/eat-in area will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. 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 proposed use and its location. Page 3 of 4 - December 20, 2012 ZBA File#6608 - Ch;oem, LLC SCTM: 1000-56-4-22 D. That the use will be in harmony with and promote the general purposes and intent of this chapter. 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 existing structure and landscape has not been used in several years and its deteriorating overall maintenance has created a visible negative to the character of this neighborhood and community. The applicant proposes to renovate the structure and landscape as per an approved site plan which will improve the visibility and appearance, creating a compatible appearance to the character of this neighborhood and community. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried to GRANT, a Special Exception, as applied for, and shown on the Survey prepared by John Metzger, L.S., last revision dated Oct. 26, 2012 and the architectural drawings prepared by D.A.K. Associates LLC sheets S1, Al01, Al02, Al03, A201 and A202 all dated Oct. 16, 2012. SUBJECT TO THE FOLLOWING CONDITIONS: 1. No increase in the size, scope or intensity of the proposed 4 table/16 seat prepared seafood take-out/eat-in area is permitted. Should the applicant do so, the Board of Appeals may, by its own motion, call for a public hearing to consider the revocation of this Special Exception permit and/or the need for additional relief from the code for two uses on the subject property. 2. The proposal shall comply with the requirements of Chapter 236, Stormwater Management. 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 iVYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Page 4 of 4 - December 20, 2012 ZBA File#6608 - Ch;oem, LLC SCTM: 1000-564-22 Vote of the Board: Ayes: Members: Homing, Weisman (Chairperson), Dinizio, Schneider, Goehringer This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing /)~/]~ /2012 ELEVATIONS REFERENCED TO N,A.V.D. N/O/F STEPHEN PATTERSON Ill & EDWIN TUCCIO N55*26'OO"E 187.11' N~59'OT'2~O"W ~ / / / / I 0 0 I ' / 0 0 F.F. gL. 12.5' ONE STORY FRAME BUILDING LINE ESTABLISHED FROM DEEDS AND oFFICE INFORMATION ~r:.NT.~ eOA ~AL~RAEON OR ADD/~ TO THIS 5UE~Y /E A ~OLAT/~ ~ ~C~ON 72090F ~E NEW Y~K ST4~ EDUCATI~ LA~ EXCEPT 4S PER ~CTI~ 7209-SUBDI~SI~ 2. ALL HERE~ ARE VALID F~ ~IS MAP AND C~IES ~EREOF ONLY IF SAID MAP ~ C~IES SEAR ~E IMPRESSED SEAL ~ ~OSE S/GNA ~RE AP~ARS HERE~. SURVEY OF PROPERTY A T ARSHAblOMOOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-56-04-22 SCALE.: 1'=30' JUNE 20, 2012 AUGUST 15, 2012 (REVISIONS) AUGUST 16, 2012 (CERTIFICATIONS) AUGUST 22, 2012 (REVISION) SEPTEMBER 18, 2012 (TOPO & CORNERS SET) Ocl. :P6, ~012 (offsefs added) Z Z NA_L CERTIFIED TO: CHLOEM, LLC CHARLES A. MANWARING JR. REBECCA MANWARING FIDELITY NATIONAL TITLE INSURANCE cOMPANY RECEIVED J, BOARD OF APPEALS ,309 SO. FT. ~?~:7'~7~*$~>,;7~5-5020 FAX (631) 765-~797 e=REBAR SET 12~0 TRAVELER STREET~ &=STAKE SET CHLOEM LLC. 19. 11-5/8" SITE PLAN OF PROPERTY AT ARSHAMOMOQUE VD N.A.V.D. TO WN OF SO UTHOLD N/O/F UT, LITy SUFFOLK COUNTY, N. Y. S.C. //1000-56-04-22 -_,, KADE~FENCE ~AS PER TOWN CODE ~·NZZ'26'OO~E ~STOCKADE~FENCEAS PER rOW~ COOS 1~11 SCALE: 1"=20' PERVIOUS ROAD TO BE (Ok STRUCTED )SCAPED JUNE 20, 2012 SAME AS FRENCH DRAIN AUOUST /5, 2012 (REVISIONS) AUGUST 16, 2012 (CERTIFICATIONS) GRASS ~59 O7 GRASS OR DSCAPED AREA M' DRANrTE HIGHWAY E~_NTj J LOT COVERAGE CALCULATIONS: TOTAL LOT AREA = 46,309 SO. FT. EXISTING BUILDING AREA = 2780 SQ. FT. = 6.00Z LOT COVERAGE (MAX 30Z ALLOWED) NEW BUILDING AREA INCREASE = 382.79 SQ. FT. = .84Z LOT COVERAGE TOTAL BUILDING AREA = 3162.79 SQ. hi. = 6.84Z LOT COVERAGE (MAX 30X ALLOWED) LANDSCAPED AREA = 20,316.21 SQ. FT. = 43.87Z LOT COVERAGE (MIN. 20X REQUIRED) PARKING LOT / SIDEWALK AREA = 22,830 SQ. FT. = 49.29Z LOT COVERAGE AREAS OF NEW ADDITIONS AND EXISTING AREAS TO BE ENCLOSED, ALREADY INCLUDED IN TOTAL NEW BUILDING AREA ABOVE '. /~ o o 0 SEPTIC COVERS EL, NEW REFRIGERATION ENCLOSURE ADDITION, TOTAL AREA: 288 SQ. FT. NEW ADDITION TO EXISTING 58.59 SQ. FT. COVERED LOADING DOCK AREA = 77.99 80. FT. NEW NORTHEAST CORNER OF BUILDING ADDITION TO BE ENCLOSED AREA = 16.8 SQ. FT. TOTAL NEW ADDITION AREA = 382.79 SQ. FT. (SEE ABOVE) ASPHALT SPACES AREA OR LANDS :APED COVER% AR / c^uv^s F.F. EL ONE STORY FRAME BUILDING / iD P~RKING \ AR~ 20,0' ~ h~ F \\ ~ 4lO 4' //ZONE 'e- CON C-~CtE~'URS ASPHALT piTCH ', LANDSCAPED ROAD LINE DEEDS AND EXISTING COVERED ENTRANCE AREA ON NORTH SIDE OF BUILDING TO BE ENCLOSED = 55.2 SQ. FT. EXISTING NORTH + SOUTH EXISTING ROOF: AREAS ON EAST END OF BUILDING TO BE ENCLOSED = 105.58 SQ. FT. TOTAL EXISTING AREA TO BE ENCLOSED = 160.78 SQ. FT. (ShE ABOVE) AREA ~ LANDSCAPED AREA /ASPHAL ~ ,,00 AF VEL · =REBAR SET · =STAKE SET AUGUST 22, 2012 SEPTEMBER 18, 2012 (TOPO & CORNERS SET) AREA=46,309 SQ. FT. PIPE g Fq Fq Z © N51 '57'20"E 20.17' ROOF DRAINAGE CALCULATIONS: ROOF ARE& = 3505 sq~t V=AxRxc A = 3505 sq/ft R = 2" RAINFALL = ,17 ff C = COEFF, = 1.0 V = 3505 x I x .166667 = 584.18 c.f. 585 / 68.38 VERTICAL FT. / FT. = 8.56 V.F. USE (2) 10' DIA. POOLS 4'-6" DEEP = 9 V.F. OR 585 / 42.25 VERTICAL FT. / FT = 13.85 V.F. USE (4) 8' DIA. POOLS 4'-0" DEEP = 16 V.F. PARKING CRITERIA: BUILDING AREA: 3162.79 sq. ft. ~ 1 SPACE 1 100 sq. ft. = 32 SPACES TOTAL PARKING SPACES REQUIRED = 32 SPACES PARKING SPACES PROVIDED = 32 SPACES HANDICAP SPACES PROVIDED = 2 SPACES TOTAL SPACES PROVIDED = 34 SPACES NO PARKING LOADING ZONE = 5 SPACES NOT INCLUDED IN ABOVE CALCULATIONS 3" LAYER OF 1" STONE 6" OF RCA 12" OF BANKRUN 9" OF SAND GRADE TYPICAL FRENCH DRAIN CONSTRUCTION SITE PLAN INFORMATION IS BASED ON LAND SURVEY PREPARED BY PECONIC SURVEYORS, P.C. LICENSED LAND SURVEYOR (LS 49618) PROJECT TITLE & LOCATION: CHLOEM LLC. Southold Fish Market LOCATED AT 64755 MAIN ROAD (RT. 25) SOUTHOLD, NY. (GREENPORT FIRE DISTRICT) SCTM # 1000-056-4-22 WORKNOTES: (Notes shaft be considered typlcul for i[ems identified and sholl opply to oll some ond simdor conditions or IocoUons; oll Iocotions moy not be noted,) RECEIVED OCT $ 9 2_012 BOARD OF APPEALS ~INAL MAP _~ D'A'E ASSOC~$, ~c P,O. Box 1675 Sodhold,NewY~k 1197! SHEET NAME: phone: {631) 433-9084 fo: (631) 466-33,54 ss~65~opton~ne.net SITE PLAN ENGINEER: JAMES DEERKOSKI, PE Professional Engineer 260 Deer Drive M~ttituck, NY 11952 631-298-7116 ENGINEER'S SEAL: OWNERSHIP AND USE OF DRAWlNOS: These drawings and speclflcatlons including the ideas, design and arrangements represented therein, ere the property of East End Design Associates, LLC, No port thereof shall be copied, disclosed to others or used in connection with any work or project other then for which they hove been prepared without written consent of East End Design Assoclates, LLC. PROJECT NO: 955-201 2 )RAWN BY: BDK SCALE: 1/4' = 6'-o" DATE: OCT, 16, 2012 SHEET INDEX: SI REFER TO GENERAL NOTES FOR ALL STRAPPINO NRLINO FASTENINg AND TIE DOWN DETAILS r ALL HEADERS TO BE 2-11" x 9½" LVL's UNLESS OTHERWISE NOTED "VERIFY I-I~ADERS ON CROSS SECTION" 24~ ~PROVIDE-2" THICK DOW HOARD VERTICALLY AND ~OUND PERIMETER OF FOUNDATION 6[ ALL I-IEADERS TO BE 2-14~'' x ¢2" LVL's UNLESS OTHERWISE NOTED "VERIFY HEADERS ON CROSS SECTION" CRAWL SF 2×4 / KNEEWALLS FOUNDATION WALLS AND FLOOR ARE TO BE CLEANED AND COATED WITH UGL DRYLOK FOUNDATION WATER-PROOFING OR CRAWL SPACE ICE FLOOR JOISTS NEW 2x4 / KNEEWALLS NE' WM-O x 9 ~ OR EQ CRAWL SPACE FOUNDATION WALLS AND FLOOR ARE TO BE CLEANED AND COATED WITH UGL DRYLOK FOUNDATION WATER-PROOFING AL FLOOR dOtSTS NEW WI40 X 9 ½ OR EQUAL CRAWL SPACE NEW 2x4 KNEEWALLS PROVIDE ACCESS TO CRAWL SPACE TO ALLOW AIR FLOW BENEATH THE FLOOR NEW 2x4 KNEEWALLS PROVIDE ACCESS TO BRAWL SPACE TO ALLOW AIR FLOW BENEATH THE FLOOR NEW 2x4 KNEEWALLS NEW 2x4 KNEEWAL[LS NEW 2x~ KNEEWALLS FOUNDATION WALLS AND FLOOR ARE TO BE CLEANED AND COATED WITH UGL DRYLOK FOUNDATION WATER-PROOFING .g ~' CRAWL o~ SPACE o PROVIDE ! CRAWL SPACE ALL BASEMENT WA LS ARE TO BE CLEANED AI ID COATED WITH UCL DRYLOK FOUNDATION WATER-PROOFING DX6 GIRDER EXISTI~G SLAB ALL BASEMENT WALLS ARE TO BE CLEANED AND COATED WITH UDL DRYLOK FOUNDATION CRAWL SPACE PROVIDE ACCESS TO CRAWL SPACE TO ALLOW AIR FLOW BENEATH THE FLOOR ALL FOUNDATION OPENINGS NOT BEING USED ARE TO BE FILLED iN WITH CONCRETE AND WATER-PROOFED USING UGL DRYLOK FOUNDATION WATER-PROOF CRAWL SPACE 5 GIRDER TO SISTERED EACH SIDE GIRDE NEW Z STEEL COLUMN -- ON 24" X 24" X 12" CONC. FOOTING, CRAWL ,SPACE BASEMENT WALLS ARE TO BE ;LEANED AND COATED WITH UGL )RYLOK FOUNDATION WATER-PROOFING ALL BASEMENT WALLS ARE PO BE CLEANED AND COATED WITH UOL DRYLOK FOUNDATION :ISTING 6X6 GIRDER PROVIDE ACCESS TO CRAWL SPACE TO ALLOW AIR FLOOR ALL BASEMENT WALLS ARE TO BE CLEANED COATED WITH (2) COATES OF STUCCO AND COATED WITH UDL DRYLOK FOUNDATION WATER- PROOFING CRAWL -- NEW Y' ~ STEEL COLUMN ON 24" X 24" X 12" :ACE CONg. FOOTING, FILL-IN EXISTING PROVIDE NEW ACCESS TO ACCESS TO CRAWL SPACE CRAWL SPACE ALL BASEMENT WALLS ARE TO BE CLEANED COATED WITH (2) COATES OF STUCCO AND COATED WITH UGL DRYLOK FOUNDATION WATER PROOFING 4,,. NEW RAISED SLAB 70VIDE 2" THICK DOW BOARD VERTICALLY AND HORIZONTALLY PERIMETER SAND FILLED WITH DRAINS PROVIDED IN 4" PC, SLAB W/6x6 WWM, 10/10 GA, PROVIDE 8" P,C, WALLS AROUND INSIDE PERIMETER OF BUILDING IN THIS LOCATION. SAND FILLED WITH DRAINS PROVIDED IN 4" PC. SLAB W/Ox6 WWM. 10/10 GA. SLAB SAND FILLED WITH ORArNS PROVIDED IN 4" PC, SLAB W/6x6 WWM, 10/10 GA. PROVIDE 8" P,C, , WALLS AROUND INSIDE PERIMETER OF BUILDING IN THIS LOCATION PROVIDE 8" P,C. WALLS AROUND INSIDE PERIMETER OF BUILDING IN THIS LOCATION+ SAND FILLED WITH DRAINS PROVIDED IN ¢" PC. SLAB W/Dx6 WWM 10/10 GA. SLAB T PROVIDE 8" P.C, WALLS AROUND INSIDE PERIMETER OF BUILDING IN THIS LOCATION, FOUNDATION PLAN SCALE: ¼"=1' 4,, ALL HEADERS TO BE 2-1,~" x 9~" LVL'B UNLESS OTHERWISE NO'rltO "VERIFY HEADERS ON CROSS SECTION" ALL HEADEI~ TO BE 2-1~" x 9~" LVL'B UNLESS OTHERWISE NOTED "VERIFY HEADERS ON CROSS SECTION" ~ COPYRIGHT 2012 D,A+K ASSOCIATES, LLC, ALL FLOOR PLANS AND ELEVAtiONS ARE PROTECTED UNDER FEDERAL COPYRIGHT LAW. PLANS MAY NOT BE REPRODUCED ~TNOUT ~IT[N AU~ORIZATION, ALL PLANS AND DESIGNS ARE ~E SOLE PROPERTY OF , D.A,K. ASSOCIATES, LLC, THE RIGHT TO BUILD ONLY ONE S~UCgURE F~OM I~ESE PLANS IS LICENSED EXCLUSI~LY TO THE BUYER, Accepkance of these drowings does not authorize the right to build without the au[hoNzdlon of local governing agencies, such os Suffolk County BEDE, of Health Services, Town Building Doper!manE!, DEC, FEMA, eec, Verity dl conditions, codes, ond requirements with such In? D'A'K ASSOCIATES, ac P.O. ~ox 167~ pNone: [~01} 433-~11~ OWNERSHIP & USE OF DOCUMENTS: These drawings and specRic~tions including the therein, ~re the property of D A,K, ASSOCIATES, LLC, No pert thereof shall be copied, dmclosed (o o~hers or used in connecDon with any work or project other then for which they have been prepared without written consent, m RECEIVED 0CT 2 ~ 2012 BOARD OF APPE,a PROJECT: CHLOEM LLC. Southold Fish Market LOCATED AT 64755 MAIN ROAD (RT. 25) SOUTHOLD, NY. (GREENPORT FIRE DISTRICT) SCTM # 1000-056-4-22 DRAWING TITLE: FOUNDATION PLAN ISSUED FOR: DATE: )ATE: OCT. 16, 2012 ~ROJECT NO: 955 201 2 )RAWN BY: BDK :-HECKED BY: did ~HEET NUMBER: Al01 J DEERKOSKI REFER TO GENERAL NOTES FOR ALL STRAPPING, NAILIN~G FASTENING AND TIE DOWN DETAILS 24L PROPOSED CANVAS ©© COUNTER I 19' 10~" Sitting Area RETAIL COUNTER COVERED ENTRANCE OVER ADA RAMP s/s CLOSET PROPOSED ALTERATIONS TO EXISTING COVERED ENTRANCE %.. t RETAIL DISPLAY COUNTER O PROPOSED NEW REFRIGERATION UNIT 4,, ,/ O PROPOSED NEW FREEZER AREA zI ................................................. ~-] ................ IX, AREA UPPER COUNTER L L REFER REFER BELOW COUNTER DISPLAY COUNTER EMPLOYEE KITC:H '~\~, / / //' [ . ICE E3ZQ9 '\ w < 0 N / LOBSTER TANK PANEL EXISTING CONCRETE EXISTING CONCRETE FLOOR DRAIN PLAN SOALE: 4 =1 TO~TAL FLOOR AREA = 3162~79 SQ/FT © COPYRIGHT 2012 D.A.K ASSOCIATES, LLC. ALL FLOOR PLANS AND ELEVA3ONS ARE PROIECTED UNDER FEDERAL COPYRIGHT LAW, PLANS ',lAY NOT DE REPRODUCED ttll~OUT WRITIEN AU'~ORIZATIDN ALL PLANS AND DESIGNS ARE THE SOLE PROPERTY OF D.AK, ASSOCIATES, LLC. ME RIGHT TO OUILU ONLY ONE SIRUCTURE FROM THESE PLANS IS LICENSED EXCLUSIVELY TO THE BUYER, Acceptonce of these drowings does not authorize the right to build wNhout the outhorizetion of Iocol governing agencies, such es Suffolk Bounty Dept. of Health Serv'ces, Town Building Deportments, DEC, FEMA, etc. Verify oP conditlons, codes, and requirements with such to construction. D'A'K ASSOCIA~S, ~c P,O, Boxl6Y5 phone: [~31} 4~9084 Soufhold, NewYolk 11971 f~: {&31)4rid-3354 E-Mail: ssbn~54@oplon,ne,net & DOCUMENTS: These drawings and specifications including the therein, are the property of D.A.K ASSOCIATES, LLC. No part thereof shell be copied, disclosed to others or used In connection with any work or project other then for which they have been RECEIVED OCT ~ 9 20~2 BOARD OF APPEALS WORK NOTES; -'INAL MAP ~EVIEWED BY, ZBA iEE DECISION ATED [~/'~ PROJECT: CHLOEM LLC. Southold Fish Market LOCATED AT 64755 MAIN ROAD (RT. 26) SOUTHOLD, NY. (GREENPORT FIRE DISTRICT) SCTM # 1000-056-4-22 DRAWING TITLE: FLOOR DRAIN PLAN SET: ISSUED FOR: DATE: SEAL: )ATE: OCT. 16, 2012 )ROJECT NO: 955--2012 )RAWN BY: BDK ;HECKED BY: JJD ;HEET M ER, Al02 J DEERKOSKI REFER TO GENERAL NOTES FOR ALL STRAPPINGj NAILING, FASTENING AND TIE DOWN DETAILS 2AL CANVAS COUNTER s/s CLOSET COVERED ENTRANCE OVER ADA RAMP PROPOSED ALTERATIONS TO EXISTING COVERED ENTRANCE PROPOSED NEW REFRIGERATION UNIT P3040 RAW BAR Sitting Area P3040 P3040 RETAIL COUNTER 0 UPPER COUNTER REFER BELOW FLOATING COUNTER EXISTINC CONCRETE 5 8 0 OC RETAIL AREA UPPER COUNTER REFER COUNTER 1 O' 281" FLOATING COUNTER DISPLAY COUNTER EMPLOYEE DISPLAY COUNTER RETAIL AREA OFFICE DESK EXISTING CONCRETE LOBSTER TANK CU~ING ROOM PROPOSED NEW FREEZER PORTABLE CUTTING TABLE ICE MACHINES 0 NEW FLOOR PLAN SCALE: ~"=1' TOTAL FLOOR AREA = 5162 79 S©/FT Q COPYRIGHT 2012 D,A,K ASSOCIATES, LLC ALL FLUOR PLANS AND ELEVATIONS ARE PROECTED UNDER FEDERAL COPYRIOHT LAW, PLANS ~tAY NOT BE REPRODUCED ~ITHOUT ~ITEN AUTHORIZATION, ALL PLANS AND DESIGNS ARE ME SOLE PROPERTY OF U.A.K. ASSOCIATES, LLC, THE RIGHT TO BUILD ONLY ONE STRUCTURE FROM THESE PLANS IS LICENSED EXCLNSI~[LY TO ME BUYER. Acceptance 0f these drawings does not outh0nze ~he right to build with0u[ the auth0nzdtian of Iocol governing ogenc[es, such es Suffolk County Dept, et R<Nh Serv'ces, Town Building Oeper!ment!, DEC, FEMA, etc, Verify oil condiOons, codes, aM requirements wOh such to construction, P.O. Box 1675 I Soulhold, NewYor~ 11971 D.A.K ASSOCIATES, ~c phone: (&31] 483@084 b~: (631) 466-3354 EMalI: ssbn~54@oplonlrne.net USE OF ENTS: These drawings and specifications including the ideas, design end ~rrengements represented therein, ore the property of D A.K, ASSOCIATES, LLC. No part thereof shell be copied, disclosed to others or used m connection wffh ony work or project other thon for which they hove been prepored without written consent, BOARD oF APPEALS ~ORK NOTES: IFINAL MAP PROJECT: CHLOEM LLC. Southold Fish Market LOCATED AT 64755 MAIN ROAD (RT. 25) SOUTHOLD, NY. (GREENPORT FIRE DISTRICT) $CTM # 1000-056-4-22 3RAWING TJTLE. NEW FLOOR PLAN ~ET: ISSUED FOR' DATE, 3EAL' JAMES d DEERKOSKII PE ]ATE,, OCT. 16, 2012 :ROJECT NO: 955-2012 )RAWN BY: BDK 3NECKED BY, JJD SHEET NUMBER: A103 REFER TO GENERAL NOTES FOR ALL STRAPPING, NAILING, FASTENING AND TIE DOWN DETAILS PROPOSED COVERED LOADING AND ENCLOSED AREA SOUTH ELEVATION (ROAD ELEVATION) SCALE; ~"=1' P.O, Box 1 I D'A'K ASSOCIATES, ~c phone: {631} 433-~ r~ {631) ~-3354 E-~iI: s~n654@o¢onJne.net & USE OF hITS: These drawings and specifications includfng the ~deas, design end orrQn§ements represented therein, are the property ef D,A,K, ASSOCIATES, LLC, No part thereof shall be copied, disclosed to ethers or used in connection wfth any work er prelect other than for whmh they have been r RECETVED ~, BOARD OF APPEALS CAN ENCL PROPOSED NEW ENCLOSED REFRIGERATION UNIT WEST ELEVATION SCALE: 4 =1 NORTH ELEVATION, (PARKING LOT ELEVATION) SCALE: ¼"=1' PROPOSED NEW COVERED LOADING DOCK WITH ENCLOSED AREA EAST ELEVATION SCALE: ¼"=1' PROPOSED N BW EN C LOgED © COPYRIGHT 2012 D.A.K ASSOCIATES, LLC, ALL FLOOR PLANS AND ELEVATIONS ARE PROTECTED UNDER FEDERAL COPYRIGHT LAW, PLANS MAY NOT BE REPRODUCED ~I~OUT WRITTEN AUTHORIZATION. ALL PLANS AND DESIGNS ARE FEtE SOLE PROPERTY OF D,A,K. ASSOCIATES, LLC THE RIGRF TO BUILD ONLY ONE STRUCTURE FROM ~ESE PLANS IS LICENSEO EXCLUSIVELY TO THE BUYER, Acceptance of these dro~inBs goes no[ authorize the fight to build wi(hod the authorization al local governing agencies, such os Suffolk County DopE, of Health Services, Town Building DepwRmenb, aEC, FRMA, eec, Verify o[I eandiUons, codes, and requirements ~ith such to cons(ruction. ~ROJECT: CHLOEM LLC. Southold Fish Market LOCATED AT 64755 MAIN ROAD (RT. 25) SOUTHOLD, NY. (GREENPORT FIRE DISTRICT) SCTM # 1000-056-4-22 ELEVATIONS SHOWING LOCATIONS OF CHANGES ISSUED FOR' OCT. 16, 2012 ~ROJECT NO' 955 2012 ]RAWN BDK ;HECKED BY: JJD NUMBER: A201 JAMES J DEERKOSKI © D.A.[ ,~ClAI~ ,~ REFER TO GENERAL NOTES FOR ALL STRAPPING, NAILING, FASTENING AND TIE DOWN DETAILS h SOUTH ELEVATION (ROAD ELEVATION) SCALE: ~"=1' J NORTH ELEVATION (PARKING LOT ELEVATION) SCALE: ~"=1' WEST ELEVATION SCALE: J,"= 1 ' EAST ELEVATION 1n ~ SCALE: ~ =1 Q COPYRIGHT 2012 B A,K ASSOCIATES, LLC. ALI FLOOR PLANS AND ELEVATIONS ARE PROTECTED UNDER FEUERAL COPYRIGHT LAW, PLANS BAY NOT BE REPRODUCED ~THOUT WRITTEN AUTHORIZATION, AL[ PLANS AND DESIGNS ARE THE SOLE PROPERTY OF D,A N, ASSOCIATES, LLC, THE RIGHT TO BUILD ONLY ONE STRUCTURE FROM THESE PLANS IS LICENSED EXCLUSIVELY TO THE BUYER, Acceptance ef these drawings does not authorize the right t0 build without the euthorizdian of local governing agencies, such as Suffolk County gepD of Health Serv'ces, Town Building Departments, DEC, FEMA, etc, Verity ag conditions, codes, and requirements with such aqencies prior to construction, [ ~ D oA'K ASSOCIATES, P.O. Box167B pho~: [~1} 4,%-~ SoulRoki, NewY~ 11971 I~ {~31]4~-33~1 BNi¢: ssbn654~to~n~,net & DOCUMENTS' These drawings and specifications including the ideas, design Qnd arrangements represented therein, are the property of D,A K, ASSOCIATES, LLC. No part thereof shall be copied, disclosed to others or used In connecBon with any work or pro,oct other then for which they hove been prepared without written consent RECEIVED OCT ~ 9 2012 BOARD OF APPEALS 'CORK N eTas; FINAL MAP REVIEWED BY ZBA SEE DECISION # [0(¢0~ DATED ~-I~b I~'~'"- ~ROJECT: CHLOEM LLC. Southold Fish Market LOCATED AT 64755 MAIN ROAD (RT. 25) SOUTHOLD, NY. (GREENPORT FIRE DISTRICT) SCTM # 1000-056-4-22 TITLE: ELEVATIONS AS NOTED iET: ISSUED FOR: JAMES d DEERKOSKI~ PE © D.A.[ A~'IBS, = OCT, 16, 2012 :ROJECT NO: 955--2012 eRAWN BY: BDK ;HECKED BY: JJD ]HEET NUMBER, A202 )OB NUMBER: I OF ~it~PLANNING BOARD MEMBERS DONALD J. WILCENSI~ Char ~LL~ J. C~ ~ETH L. EDW~DS J~ES H. RICH III ~RTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED NOV 3 0 BOARD OF APPEALS To: From: Date: Re: Michael J. Verity, Chief Building Inspector Brian Cummings, Planne~ November 27, 2012 Proposed Southold Fish Market Site Plan Use Determination (SPUD) Located at 64755 NYS Route 25, Southold SCTM#1000-56-4-22 As an addendum to the attached SPUD report, please be advised that the Planning Board reviewed this application and recommends that an amended site plan application not be required: The reasons for their recommendation include the fact that there does not appear to be any intensification of use (previous approved site plan was for an 80 seat restaurant and the new use is for a retail fish market & small restaurant which is not predicted to require any additional parking), and also that the site will be not be changed significantly in its conversion to the fish market use. The Planning Board further recommends the following items t~) be considered as conditions prior to the issuance of a Building Permit for this application: ]. Submit a photometric plan directly to the Planning Department for Planning Board review and approval. Pursuant to {}172 of the Town Code, the photometric plan shall display footcandle measurements indicating the light levels for the fixtures at the designated mounting heights up to all property lines OR until the footcandle measurements reach 0.Ofc. In addition, please include lighting manufacturer specifications (cut sheets) for all proposed fixtures and their intended hours of illumination (please note if they are intended to be controlled by a timer). Southold Fish Market PaRe Two November 27, 2012 Footcandle levels must be 0.05 or less at the property line (unless the property line abuts a non-residential property, in which case it must be 0.1 footcandles or less). In no instance may any lighted surface, as installed, exceed five (5.0) footcandles unless it can be demonstrated that a higher level is necessary for the proposed use. (Higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations.) With reference to the June 9, 1986 approved site plan, the Planning Board understands that the removal of the asphalt in front of the building may pose difficulties, therefore, the Planning Board recommends the implementation of safety measures to discourage parking in the front by some reasonable means (e.g: No Parking signs, No Parking stripes/paint). 3. Ensure one-way signage is installed at the entrance and exit of the driveways to accomplish the one-way circulation proposed. 4. Storm water drainage system acceptable to the Office of the Town Engineer or other Town-designated Storm water Management Officer. 5. Ensure that any proposed signage does not block the sight line(s) to Rt. 25 for Thank CC: cars exiting or entering the property. you for your cooperation. Town Clerk Town Board Zoning Board of Appeals RECEIVED BOARD OF APPEALS Joanne Minieri COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Deputy County Executive and Commissioner ,:~ECEIVED ~- ~ 0 3 ~0~ 8OARD OF APPEALS Division of Planning and Environment November 29, 2012 Town of Southold ZBA 53095 Main Road PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements o f 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 Cholem, LLC Corazzini, Robert Schreiber, Robert DeVito, Daniel DiVello, John MunicipalFfleNumber #6608 #6609 #6610 #6611 #6613 TRK:mc Very truly yours, 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} 853-5t91 ZONING BOARD OF APPEALS ToWN OF SOUTHOLD, NEW YORK Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION i~ RECETVED Application No. TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Date F~:gARD OF APPEALS Applicant(s), CHLOEM~ LLC of ParcelLocation: HouseNo. 64755 Sweet Main Road, Box 1802, Hamlet Southold, NY 11971 Contaet phone numbers: (631) 734-6807 -Richard F. Lar.k, Esq. SCTM 1000 Section 56 Block 04 Lot(s) 22 46,309 square feet LotSize / Zone District Marine II (M-iD hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE XIII , SECTION 280-55, SUBSECTION B(5) for the following uses and purposes: Fish Market with comb±nation of wholesale and retail sale of finfish and shellfish and accessory restaurant for cooking of fish and shellfish in conjunction with fish market, as shown on thc attached survey/site plan drawn to scale. Site Plan review [X [ IS or [ ] IS NOT required. A. Statement of Ownership and Interest; CHLOEM, LLC is (a~o~t the owner(10 of property known and referred teas 64755 Main Road, Southold, New York (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section' 56 ,Block0/4 .Lot 22 , and shown on the attached deed. The above-described propen'y was acquired by the owner on August 22, 2012 - see attaghed Deed. 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 persous in the neighborhood for the following reasons: The building is existing and has received approval for a restaurant by the Town Zoning Board o.f Appeals #6322 dated 10/22/2009. This application requesting a Fish Market and accessory restaurant use will meet Zoning Code Ch. 280, Article XIII, C. The property which ia subject ofthis application is zoned Marine II and[ ] is consistent Sst. 280-55B(5)~ 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): The building is presently vacant and if application is [ ] is vacant land. COUNTY OF SUFFOLK) STATE OFNEW YORK) (Signature) CIILOEM, .~LLQ by, A. Manwaring, Jr. Sw~m to bcfore me this 25thdayof October ,20 12 emmser/ Manager (Notary Public) *See attached Affidavit of Charles A. Manwaring, Jr. copy of ZBA #6322 dated 10/22/09. NO~ Pub~, 8~lle d NIW yo~k No 01D~1~. ~ ~ sworn to on 10~5 /12, and TOV~N OF SOUTHOLD · BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20__ Approved , Disapproved a/c Expiration ,20 PERMIT NO. BUILDiNG PLS~vlIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mailto: Lark & Forts, Esqs. Box 973, Cutchogue, NY 11935 Phone: (631) 734-6807 Building Inspector APPLICATION FOR BUILDING PERMIT Dme October 25 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Bgilding Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shalI be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections/Q// (Signature of applicant or name, ifa corporation) CHLOEM, LLC by Charles A. Manwaring c/o Lark & Folts, Esas. Box 973, Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder OWNER Name of owner o£ premises CHLOEM, LLC. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work wilI be done: 64755 Main Road ,So~t[kol& House Number Street County Tax Map No. 1000 Section 56 Subdivision .... Hamlet Block 4 Filed Map No. none Lot 22 Lot .... 2. State existing use and 0ccupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Vacant building b. Intonded use and occupancy Fish Market 3. Nature of work (check which applicable): New Building_ Repair x Removal Demolition 4. Estimated Cost Fee Addition Alteration Other Work (Description) (To be paid on filing this application) If dwelling, number of dwelling units. 0 Number of dwelling units on each floor 0 [f garage, number of cam 0 Fish Market 80-85% If business, commercial or mixed occupancy, specify nature and extent of each type of use.Accessory restaurant 15- -20% Dimensions of existing structures, ifany:Front, 86.8 1/2' Rear 86.8 1/2'__ Height less than 15' Number of Stories one-stor7 Depth 44.6 l_/~4j_ __ Dimensions of same structure with alterations or additions: Front Same Rear Depth same Height_ same Number of Stories same 8. Dimensions ofentirenewc0n~ucxlon:F~bnt (See Site Plan~a~ Floor Plan at.d) Height same Number of Stories one-story same 9. Size oflot: Front 300' Rear 187.11' Depth 200' 10. Date of Purchase 8/22/2012 Name of Former Owner Mill Creek Partners LLC 11. Zone or use district in which premises are situated Marine II (M-SI)District 12. Does proposed conslruction violate any zoning law, ordinance or regulation? YES__ NO x 13. Will lot be re-graded? YES__ NO x Will excess fill be removed from premises? YES NO x PO Box 1802 14. NamesofOwnerofpremises Chloem, LLC Address~OUthoza 11971 PhoneNo.(631) 765-3200 Name of Architect DAK Associates (Brett Keh~ddress PhoneNo (631) 765-9290 Name of Contraotor Address Phone No. 15 a. Is this property within t 00 feet of a tidal wetland or a freshwater w~tland? *YES NO x * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16.Provide survey, to scale, with accurate foundation plan and distances to property lines. Enclosed is survey prepared by Psconic Surveyors, PC dated 8/2~/12. · ? ~; . 17. If elevation at any point on Property is at 10 feet or below, must provide topographmal data on survey. N/A 18. Are there any covenants and restrictions with respect to this property? * YES NO x · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK ) CHARLES A. MANWARING, JR} being duly sworn, deposes and says that (~e is the applicant (Name of individuai signing contract) above named, Member & (~)Heisthe Manager of Chloem~ LLC (Contractor, Agen~ Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 25th day of_ October 2012. Notary Public No 01DM6~5190 · 8uffo~ Go~y 0~f~ Sign~ Chloem, LLC By Charle~ A. Manwaring, Jr. Member/Manager APPLICANT: CItLOEM, LLC 1. For Demolition of Existing Building Areas Please describe areas being removed: None DATE PREPARED: 10/25/12 BOARr~ OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Total: 3,162.79 sqJ Dimensions offirst floor extension: 2,780 scl. ft. existing; & 382.79 scl. ft. new increase Dimensions of new second floor: Non e Dimensions of floor above second level: None Height(fromfinishedgroundtotopofridge): 20'08" to top; 14' 11 7[8" blean Height Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Basement is existing. III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 2,780 sq. one floor. ft. - one story~ NumberofFloorsand Changes WITHAlterations: One floor, re-dividing building interior - 509 sq. ft. restaurant sitting area 16.0%; 2,653,79 sq. ft.:fish market operation 84% 1V. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,780 sq. Proposed increase of building coverage: 382.79 sq. ft. Square footage ofyour lot: 46,309 sq. ft. Percentage of coverage of your lot by building area: 06 % V. Purpose of New Construction: Refurbish for fish market and accessory restaurant VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): 0 - 5% Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. Photo sets are attached. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? n/a 3.) Is the property bulk headed between the wetlands area and the upland building area? NO 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for ils determination ofjurisdietion? -- Please confirm status of your inquiry or application with the Trustees: -- and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed consmaction at or below five. feet above mean sea level? No · Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting.9. No Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a coW of your building permit and survey as approved by the Building Department and please describe: (penal±rig) Please attach ail pre-certificates of occupancy and certificates' of occupancy for the subject premises. If any are la~king, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapprovai. Copy o f applicat ±on for a building p~rmit is attached. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. Please list presant use or operatlons conducted at thiS l~arcel Vacant commercial building and the proposed use Fish Market & small ·incidental restaurant. garage, pool or other) (ex: exiaing singie family, proposed: same w/th BOARD OF APPEALS ~ ~ andDat~12 AUthorized signature Chloem, LLC By: Charles A. Manwarin~ Jr. Me~ber/Manager Chl IPflDJECT I,D. NUMEER 617.20 Appe.dlx ¢ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR ,.PART I--PROJECT INFORMATION (To be completed by Applicant or,,Pro, Ject sponsor) '1'o APPLICANT/SPONSOR ..... CHLOEM, LLC CHLOEM, ~LC (Fish M~.rket & Accessory .R.e tau~ant) 3, PROJ EGT LOCATION: ~,~o~..,W Tqm of Soq.~,h,p,:ld ,,, 64755 ~in Road, Southold, New Y.ork ' SC~ 1000-56-4-22 0~[ .7~ ~ :'~ ~OAKI2 Ub AP'PI:AL~ ~o establish Fish Market with combination of wholesale and retail sales of finfish and shellfish ~d with s~ll incidental restaurant in conjunction with Fish ~r~t in an'existin~ co~ercial building, located tn the ~rine II Zone District, as allowed by Special Exception, Zonmng Code Chapter XIII, Section 280-55B(5). 7. AMO~T O~ ~HO ~F~ ...... [nltl~l~ 46.30~ SO ft~es ,UIt~y 46.~09 ~, ~t. ~ee ..... 6. ~LL P~ A~N ~MPLY ~H ~O ZONING OR e. WHAT la PIt~B, IT LA~D UaE ~N Co~ercial bus%ness and ~rina uses to the south of the Main Roa~; eo~rc%al business to the west of this property; residential to the east and north o~ this site. STATE Om ~ Suffolk County Department of Health ~o~f~g 3o~d o~ Appeal~ ~pectal gxcepCto~ #6322 da~e~ 10/22/09 ~o~ a~ 80~ea~  ' ' ' I . I C~O ~ ' LLC by Charles A. Manwarin~ Jr. 10/25/201~ ~ ~. ~ Manager~Member If the aotlon Is in the Coastal Area, a~ you am a sta~ ag~, ~l~e ~e I ~al A~essment Fo~ before p~lng ~h ~ Isee~m~t I OVER AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WtlEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located tn agricultural dlstrica All applications requiring an agrlcuitural data statement must be referred to the Suffolk County Department of Planning tn accordance with Sections 239- m and 239-n of the GeneralMunicipal Law. 1) Name of Applicant: CHLOEM, LLC 2) Address ofApplicant: c/o Lark & Folts, PO Box 973, Cutchogue, NY 11935 3) Name of Land Owner (if other than applicant): same 4) Address of Land Owner: same 5) Description ofProposed Project: Obtain approval of existing building for a Fish Market and small accessory restaurant incidental to fish market. 6) Location ofProperty (road and tax map number): 64755 Main Road, Southold, NY- SCTM 1000-56.-4-22 7) Is the parcel within an agricultural district? IXlNo [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? l~No []Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. I. none Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-l.938 or the Zoning Board of ~peals at 765-1809. ~-~ Signature of Applicant ~ D~e CHLOEM, LLC by Charles A. Manwaring, Jr., Manager/Member Note: 1. The local board will solicit comments from the owners of land identified above in order to consider lhe effect of the proposed action on their farm operation. Solicitation wilt he made by supplying a copy of this statement. 2, Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or ~ae clerk of thc board to the prope~y owners identified above. Tim cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay ~t such time means the application is not complete and emmet be acted upon by the board, ! R£CEI\/ED (~OD%l.t4-o9 BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY oW~,~ER and OWNER'S AGENT) The Town of Southold's Code of Et/tics prohlbits conflicts of interest on the part of Town officers and employees. The purpose of this form is to p~ovide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Brgtt Kohl of D.A.K. Assoc±ates, LLC, Engineer for Chloem, LLC (Last hame, first n~me, in(ddi~e init~, unless you are ~ly~ h the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Cheek all that apply.) wance I " [ I ~Cort~eate of Omupanoy ~d SRo Plan Approval of Plat Exemption from Plat or O oial RECEIVED BOARD OF APPEALS 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 imerest. "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. Complete the balance of this form and date and sign below where indioated. Name of person employed by the Town of Sonthold: None Title or position of that person: None Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (cheek all that apply): [ k I A) the owner Of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); J 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 No ' re la t ionship. Submitted this~.[, s~ay ,o'~,~© c t ob e r, 2 012 Signature: /_]2g. ~-~ ~'/ ' PrintName: B~ett ~ ' APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnlovees. The ourpose 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: CHLOEM. LLC (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, ffso, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone' Approval of Plat Other(activity) Special Exception Building Permit Trustee Permit Coastal Erosion Mooring Planning S~-o Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold N/A None Title or position of that person N/A Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): None A) the owner of greater that 5% of the shares of the corporate stock 0fthu 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) ~)) a~eO?/::: ~;r@~ii:rl,t partner, or employee of the apphcant; or RECEi~c0~, DESCRIPTION OF RELATIONSHIP i' ? 7, ? .~ ~ ~ N/A No relationship BOARD Oh AP'Pt:ALS Submitted this ~- dayofOctober .,20 12 Signature CHLOEM, ~LC Print Name By APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnlovees. The ouroose of thls 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. YOURNAME: CHLOEM, 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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Special Exception Building Permit Trustee Permit Coastal Erosion Mooring Planning Site Plan Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold N/A Title or position of that person N/A Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) -- C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP ~/A No relationship. Submitted this 25tffiay of October, 20 12 Signature F~" ~ --9 CHLOEM, LLC PrintNameBy Charles A. Manwaring. Jr. Member/Manager BOARD OF APPEALS APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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. Richard F. Lark, Attorney for Chloem, LLC (Last flame, first name, 'rniddl~ initial,~ un]ess y6u are ap-~ly~'h~]n the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance I Variance I [ S~ecial Exception ~f"Other" ~ k a~ortificato of Occupancy and $itn Plan name the Change of Zone Approval of Plat [ Exemption from Plat or Official Map Other 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. NO[ z I Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: None Title or position of that person: None Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): o ~ A) the owner of greater than 5 ¼ 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 I ] D) the actual applicant. .. ~' , RECEIVED DESCRIPTION OF RELATIONSHIP No relationship. BOARD OF APPEALS Submitted this ~ f day of~'cr~5,2012 Signature: ~ ~:7~,~ Print Name: Richard F. Lark, Attorney for Chloom, LLC Signature: 5 ~ Z.t-4~ ~/tr~. x ':'~-~-~ Print Name: Mary ~'ou Felts, Esq. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONS 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 Waterfxont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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.ne0, the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 -56 4 - 22 The Application has been submitted to (check appropriate response): TownBoard [-~ Planning Dept. k-~l Building Dept. [] BoardofTrustees .~'i Z.B.A. [X ] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Fish Mmrk~t w{eh cnmh~nmr~mn m~ ~,*h~l~lo Bna ~ell sale of finfish and shellfish and seating in conjunction with fish market for serving of finfish and shellfish to its patrons, Location of action: 64755 Main Road, Greenport, Town of Southold - SCTM 1000-56-4-22 Site acreage:. 1.06 acres or 46,309 square feet Present land use: Marine M-II Present zoning classification: Marine M-II 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: Chloem, LLC (b) Mailing address:' c/o [ark & Felts, Esqs., PO Box 973, Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) (631) 734-6007 (d) Application number, if any: Pending Building Permit Application 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 Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH -Policies; Page 2 for evaluation criteria. . See LWRP Sections 268-3(A), (DD)- minor actions [--] Yes [] No ~ (Not Applicable- please exolam) ' ' ' - not sqbject to review under Chapter 26'8. It is noted for information that present building isva~a~[' ~?~ im nee~-~e refurbished. Marmet,~or the future Applicant desires to enhance and renovate this building into ~ F~Sh ' ~ .... home of Southold Fish Market. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [] Yes ~ No [] (Not Applicable- please explain) See LWRP Sections 268-3(A), (DD) - minor actions not subjecti~o::re~iew under Chapter 268. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP'Section IH 7 Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) See LWRP Sections 268-3 (A), (DD) - minor a~ons~ot~,sub~ect to review under Chapter 268. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable' please explain) See LWRP Sections 268-~ (A)~ (DD) - minor actions not sub,edt to review under Chapter 268. Attach additional sheets if necessary Policy 5. Protect and improvewater quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria ~ Yes [] No [] (Not Applicable - please explain) See LWRP Sections 268-3 (A), (DD) - minor actions not subject tO review under Chapter 268. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) See LWRP Sections 268-3 (A), (DD) - minor'actions not subject to review under uhapter zbS. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] NO ~[ (Not Applicable - please explain) See LWRP Sections 268-3 (A), (DD) - minor actions not subject to review under Chapter 268. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Santhold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) See LWRP Sections 268-3 (A), (DD) - minor actions not subject to review under Chapter 268. 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 Southoid. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No V~ (Not Applicable - please explain) See LWRP Sections 268-3 (A), (DD) - minor actions not subject to review under Chapter 268. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's waterrdependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Seclion'III - Policies; Pages 47 through 56 for evaluation criteria. Se~--~eN° [] (Not Applicable - please Yes explain) LWRP Sections 268-3 (A), (D1)) - minor actions not subject to review under Chspter 268. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~ Not Applicable - please explain See LWRP Sections 268-3 (A), (DD) - minor actions not subject to review under Chapter 268. At~aeh additional she~s if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LV~RP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No ~-~ Not Applicable - please explain See L~RP Sections 268-3 (A), (DD) - minor actions not subject to review under Chapter 268. Attach additional shee~.s if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~-~ Not Applicable - please explain See LWRP Sections 268-3 (A), (DD) - minor actions not subject to review under Chapter 268. RICHARD F. LARK MARY LOU FOLTS LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 RECEIVED OCT ? r ,r~? Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts~aol.com October 26, 2012 BOARD OF APPEALS Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, New York 11971 RE: Application of CHLOEM, LLC (SCTM #1000-56-4-22) Dear Ms. Weisman: In connection with the above-captioned application, I am enclosing eight (8) sets of the following documents: Southold Fish Market Inc. check ~4149 dated 10/24/12 in the sum of $1,200.00. Application for a Special Exception dated 10/25/12 with deed and copy of ZBA #6322 dated 10/22/09, together with AFFIDAVIT OF EXPLANATION of Charles A. Manwaring, Jr., dated 10/25/12. 3. Short Environmental Assessment Form. 4. Questionnaire. 5. Owner's Consent, signed by Charles A. Manwaring, Jr. 6. Authorization Forms of Chloem, LLC (signed by Charles A. Manwaring, Jr. and Rebecca D. Manwaring). 7. Agricultural Data Statement. 8. LWRP Consistency Assessment Form. 9. Applicant's Project Description Form, with photographs. 10. Transactional Disclosure Forms of Chloem, LLC (signed by Rebecca D. Manwaring and Charles A. Manwaring) and Lark and Folts, Esqs. (signed by Richard F. Lark and Mary Lou Folts). Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals -2- October 26, 2012 11. 12. 13. 14. 15. 16. 17. RFL:mdh Encs. Town of Southold Property Record Card. Existing Certificate of Occupancy #Z14501, with attached Building Permit #13918Z, letter of Southold Town Planning Board dated 4/16/85, survey dated 11/19/85, and Memorandum of Southold Town Planning Board dated 8/17/09. Full Environmental Assessment Form, Part I Project Information. Survey of property by Peconic Surveyors, Inc., last dated 10/26/12. Map of property showing land uses and buildings by Peconic Surveyors, Inc., dated 10/25/12. Site Plan S-1 dated 10/16/12 of D-A-K Associates, LLC along with Building Plans Al01 Foundation Plan; Al02 Floor Drain Plan; Al03 New Floor Plan; A201 Elevations Showing Locations of Changes; and A202 Elevations as Noted. Copy of Site Plan Application to Southold Town Planning Board, dated 10/25/12. Very truly yours, R~[chard F. Lark~ BOARD OF APPEALS TOWN OF SOUTHOLD:SUFFOLK COUNTY:NEW YORK ZONING BOARD OF APPEALS and PLANNING BOARD Application of CHLOEM, LLC for a Special Exception for property located at 64775 Main Road, Southold, New York Zone District: Marine II (M-II) CHARLES A. says: 1. Southold, MANWARING, JR., being duly sworn, deposes and I reside at 1225 Seawood Drive, P.O. Box 1802, New York 11971. I am the Member/Manager of Chloem, LLC, who is the owner of the property which is the subject of this application, to both the Southold Town Zoning Board of Appeals for a Special Exception as well as Site Plan approval from the Southold Town Planning Board. My wife, Rebecca D. Manwaring, is the only other Member of Chloem, LLC. Your deponent is also the President/Shareholder of Southold Fish Market, Inc. which is the tenant of Chloem, LLC, and the purpose of these applications to convert an existing building originally built as a restaurant to a fish market with small accessory restaurant, all located at 64755 Main Road, Southold, New York, located in a Marine II (M-II) Zoning District. 2. Since I am not a public speaker, I thought it best to outline in writing to both the Southold Town Zoning Board of Appeals and the Southold Town Planning Board what I am proposing to do at the property located at 64775 Main Road, Southold, New York. By way of background, I have been in the seafood business for the past 25 years. I have worked at the Southold Fish Market since 1987 and bought the business from the prior owner -1- in 1999. I am also a licensed commercial fisherman and have been since 1987. The Southold Fish Market has for the past 50 years been located at the Port of Egypt Marina in Southold, New York. Southold Fish Market, Inc. is licensed by the New York State Department of Agriculture and Markets to operate a wholesale and retail fish market. Other than myself, the Fish Market employs eleven (11) persons [three (3) full-time and eight (8) part time]. The part-time workers also work full-time during the summer and on holidays. The Southold Fish Market, Inc. sells all types of local and imported finfish and shellfish such as clams, oysters, scallops as well as lobsters. The wholesale sales are primarily made to restaurants, and the retail sales to the general public. Eighty percent (80%) of the business is selling of fresh fish. The other twenty percent (20%) is selling of condiments such as tartar and cocktail sauces, spices as well as freezing, smoking and cooking of the various seafoods for consumption by customers primarily on the premises. The lease between Southold Fish Market, Inc. and C & L Realty of Port of Egypt Marina was not renewed, so in order for the Southold Fish Market to stay in business, I purchased the former Hollister's Restaurant which was located at 64755 Main Road, Southold, New York, and primarily because it is zoned in a Marine II District, which allows for a fish market and restaurant by Special Exception from the Southold Town Zoning Board of Appeals. 3. The proposed relocation of the fish market in the opinion of the undersigned will be compatible with the surrounding neighborhood and the community in general, particularly with regard to visibility and overall appearance. This particular area fronting on State Route 25 is devoted primarily to commercial uses. To the west of the subject property on the northerly side of N.Y.S. Route 25 is Wego Bait & -2- Tackle Shop, and on the east is the Greenport Pottery Company. To the south across N.Y.S. Route 25 is a building being renovated as a catering hall as well as the development of a marina. The lands to the north of the property is a large tract of land and it is zoned residential is vacant, and has one house and several trailers on it. 4. The plans for the site and building renovations for the fish market are attached to the applications and are self- explanatory. As seen from the proposed floor plan, the building is primarily being renovated for a fish market. However, to provide convenience to the public and to continue on with the previous business of Southold Fish Market, Inc., a small restaurant operation is being incorporated into the westerly portion of the building which will have a very limited menu and will be primarily devoted to the sale of seafood. It is my understanding that this building over the years has been occupied as a tavern and subsequently remodeled as an 80-seat restaurant when the property was zoned Business but has been reclassified as Marine II 5. It is noted that Board gave permission for for an 80-seat restaurant. District. in 1985, the Southold Town Planning renovations to this very same building The restaurant had gone out of business and has been vacant for several years, becoming in my opinion an eye sore. The building needs complete renovation and refurbishment to accommodate a modern fish market with small accessory restaurant. In the restaurant portion your deponent proposes to have four (4} seen from the floor plan, it is eighty percent (80%) tables with a maximum of 16 seats. As the emphasis is on the fish market as of the business. Wholesale orders are generally taken by telephone and the fish are delivered to local restaurants. The retail sales to the public will take place in the building on the premises. Due to the present -3- location of the building, for safety reasons the main entrance for ingress will be located at the easterly curb cut. The reason for this is safety, as any vehicle proceeding east on Route 25 and making a left turn into the property will have a much clearer view of the oncoming westbound traffic. Similarly, the egress on the westerly side of the property allows for vehicles exiting to have a better view of both east and west- bound traffic. This is primarily due to the curvature of Route 25 in this area. 6. The Suffolk County Water Authority supplies the water for both the fish market and the small restaurant. The septic and cesspool system for the fish market and accessory restaurant are more than adequate as they were originally constructed to accommodate an 80-seat restaurant. It is your deponent's understanding that this septic and cesspool system has been previously approved by the Suffolk County Department of Health for the Hollister's Restaurant. However, I am applying to the Suffolk County Department of Waste Water Management for re- approval. The principal effluent from the fish market is primarily clear water containing only fish scales due to the washing and cleaning of the fish. As to the solid waste, the fish carcasses are put in covered buckets and placed in a closed container and then removed to the dumpster at the rear of the property. North Fork Sanitation picks up the 3 ~ yard dumpster and replaces it at a minimum of three times a week. 7. The hours of the fish market will be from 8 A.M. to 6 P.M. and the parking lot lighting as proposed will be more than adequate. The driveway areas will be asphalt and the road along the north boundary line with stone blend which will not produce dust or vibration. There will be no odors emitted from the exterior of the building, and the odors within the building will be that consistent of a fish market. -4- 8. It is submitted that this entire proposed operation will not cause a public nuisance or any other problems. The northerly, easterly and westerly boundaries of the subject property will be landscaped and along these property lines, a stockade fence will be built according to code. This will provide for the privacy of neighbors on the east and define the property boundary on the north and west and encroachments of the existing underbrush. Along the northerly boundary of the subject property there will be a roadway of pervious material with a French drain underneath which will not only take care of the drainage but will provide access for the North Fork Sanitation truck to remove the dumpster. 9. Although there is presently adequate drainage on the subject property as noted on the proposed site plan french drains are adjacent to the parking areas and a dry well is installed at each end of the building to recapture all of the roof rain runoff as there is presently no gutter or leaders on the present building. The existing building is the only building on the subject property, so there obviously will not be any over-crowding, and the property and the building will be devoted primarily to the fish market operation. 10. It is also brought to the Board's attention there are no churches, schools, or any other recreational areas or public assembly in this neighborhood at the present time, and as stated there will be adequate buffers for the screening of the subject property from the surrounding properties if that becomes necessary. Remodeling and refurbishing the building will not cause any disturbance as this proposed site is particularly suited for a fish market and a small restaurant, which are both permitted uses in the Marine II Zoning District with Special Exception approval from the Southold Town Zoning Board of -5- Appeals, which in turn requires site plan approval from the Southold Town Planning Board. 11. Finally, there is sufficient and adequate space for the utilization of this building as a fish market to serve the public and along with the small restaurant and further it will be compatible with the adjacent properties. Manager C~'ARLES A. MANWARING, JR./President Sworn to before me this , RECEIVED 25th day of October, 2012. Notary Public BARBARA DL~CHUN No~y Pul~, 8(/of Ne~ Yof~ BOARD OF APPEALS -6- -- Bargain and Sale Deed, Ovcnant ~,galnst Orantor's Acts -- Individual or Corporation (SlnOeO LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS ~NSTRUMENT SHOULD BE USED BY LAWYERS ONLY, INDENTURE, made the 22nd day of August BETWEEN MILL CREEK PARTNERS, LLC 64300 Main Road Southold, New York 11971 , in ~ne year 2012 party ofthefirstpart, and CHLOEM, LLC 225 Seawood Drive ;outhold, New York 11971 pretty of the second part, WITNESSETH, that the party of the frrst part, in consideration of ten dollars ~nd other valuable consideration dollars the party of the second part, does hereby grant and release unto the party of tile second part, the heirs or successors and asmgns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being inthe Town of Southold, County of Suffolk, State of New York and further described at Schedule A attached hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the par~y of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration 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 improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "par~y" shall be constm~e/4 read "parties" whenever the sense of this indenture so requires. IN WITNESS WI-IEREOF, the party of the first Part has duly executed this ~c)t Ye~r_~rT~e~t ten ' IN PRESENCE OF: BY¥ Christopher Pie, Member/Manager FIDELITY' NATIONAL TITLE INSURANCE COMPANY SCHEDULE A - Part I DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of Main Road 20.17 feet westerly from an iron pipe set on the southwesterly comer of the land now or formerly of Edward Van Cura and Charlotte Van Cura said pipe being located about 950 feet easterly from Mill Creek Bridge along said northerly line of Main Road and being more particularly located by a tie line running north 40 degrees 31 minutes 50 seconds east, 257.28 feet from a granite monument to the said iron pipe, said granite monument being set at the easterly terminus of north 69 degrees 07 minutes 20 seconds east and the southwesterly terminus of that course on the southeasterly line of said Main Road which runs south 51 degrees 37 minutes 20 seconds west said point of beginning being the southeast comer of the premises; RUNNING THENCE westerly along the said Main Road on an undivided 300 feet more or less to an iron pipe set at a point which is 300 feet south 59 degrees 07 minutes 20 seconds West from the said point of beginning; THENCE along said land of Charlotte Van Cura and others north 4 degrees 52 minutes west 200 feet; THENCE north 53 degrees 26 minutes east, 187.11 feet along said land of Charlotte Van Cura and others; THENCE South 38 degrees 22 minutes 40 seconds East, 200 feet along said land of Charlotte Van Cura and others parallel to and 20.17 feet"from the westerly line of land now of Edward Van Cura and Charlotte Van Cura to the point or place of BEGINNING. SCHEDULE A-I (DESCRIPTION) OWNERIS POLICY PAGE 2 document will be public ,rd, Plea.se remove all .3rial Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 31¸ Page/Filing Fee Handling 5. 00 TP-584 Notation EA~52 17 (County) EA~5217 (State) R.P.T.S,A. Comm, of Ed, 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Other FEES BOARD OF APPEALS Sub Total Sub Total Grand Total Real Property Tax Service Agency Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Recording / Filing Stamps Mortgage Amt. 1, Basic Tax 2. Additional Tax SubTotal Spec./Asslt, or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage or will be improved by a one or tv family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument, $ Community Preservation Fund Consideration Amount $ GPF Tax Due $ Improved VacantLand TD TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901, www.suffolkcountyny.gov/clerk Suffolk County Recording & Endorsement Page This page forms part of the attached by: Mill Creek Partners, LLC d Title Company Information o. Name ,,,~ ,.~ ~../, , Z x f Bargain and Sale (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK, _ ma~ TO In the TOWN of Southold CHLOEM, LLC In the VILLAGE or HAMLET of Southold BOXES 6'[HRU 8 MUST BE TYPED OR PRINTED iN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ATTACHED DEED - SPECIAL EXCEPTION APPLICATION 2Z~d,- ,EWYORK, COUNTYOF '~ Znd~ayof August 2012 d~. the undersigned, personally appeared ,rfstopher Pia , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (am) subscribed to the within instrument and acknowI- edged to me that he/she/they executed the same in his/her/their capacity(ica), and that by his/her/their signature(s) on the Instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary ELAINE T. VILLANO Notary Public, State of New York No. 01Vt6029229, Suffolk County Commission Expires Aug, 9,~ STATE OF , COUNTY OF On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared , the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place o[ residence is in a city, include the street and street number if any, thereof); that he/she/they know(s) to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto [add the following if the acknowledgment is taken outside NY State} and that said subscribing witness made such appearance before she undersigned in the (inse~t the city or other political subdivision and the Slate or country or other place the proof was taken). STATE OF On the daD in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their capacity(les), and dsat by his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument [add the following if the acknowledgment is taken outside NY State} and that said subscribing witness made such appearance before the undersigned in the (ins*athecity 0r0therpolidealsubdivisi0n and~heS~ateor counlry or olher place the acknowledgment was taken). STATE OF , COUNTY OF On the day of in the year before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like orden WITH COVENANT AGAINST GRANTOR'S ACTS TITLE No. Mill Creek Partners, LLC TO CHLOEM, LLC SECTION 056. 000 BLOCK 04.00 LOT 022.000 COUNTYORTOWN Southold 1000 STREET ADDRESS Distributed by STEWART TITLE® INSURANCE COMPANY 300 EAST 42nd STREET, 10~h FLOOR NEW YORK, NEWYORK 10017 (212)922-0050 Fax (212) 983-1133 Recorded at Request of STEWART TITLE® RETURN BY MAIL TO: Richard F. Lark P.O. Box 973 Cutchogue, NY 11935 CHLOEM, LLC P.O. BOX 1082 SOUTHOLD, NY 11971 Town of Southold 53095 Route 25 P.O. Box 1179 Southold, NY 11971 October 25, 2012 Re: CHLOEM, LLC 64755 Main Road, Southold SCTM %1000-56-4-22 Dear Sir: This will confirm that CHLOEM, LLC, as the Owner of property located at 64755 Main Road, Southold, New York 11971, (SCTM #1000-56-4-22), gives consent to Richard F. Lark, Esq. and Mary Lou Folts, Esq. of Lark & Folts, Esqs., P.O. Box 973, Cutchogue, New York 11935, and Brett Kehl of D-A-K Associates, LLC, P.O. Box 1675, Southold, New York, 11971, to represent CHLOEM, LLC in regard to applications filed with the Town of Southold. Very truly yours, CHLOEM, LLC Charles a Member/Manager Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Charles A. Manwaring, Jr. (Print property owner's name) residingat 1225 Seawood Dr, PO Box 1802 (Mailing Address) Southold, New York, do herebyauthorize Richard F. Lark, Esq. and/or (Agent) Mary Lou Folts, Esq., Lark & Folts and.Broett Kehl/)~ D-A-g As~o~:iatcs, LLC to appty for vartancets)on myoenm~ from the Southold Zoning Board of Appeals. CMLOEM, (LOL'~mer's Signature) 2012 By Charles A. Manwaring, Jr., Member-Manager CHLOEM, LLC (Print Owner's Name) RECEIVED ' BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) Chloem, LLC Rebecca D. Manwaring, Membe~esiding at (Print property owner's name) P.O. Box 1802, 1225 Seawood Dr. (Mailing Address) Southold, NY 11971 do herebyauthorize Richard F. Lark, Esq. and/or (Agent) Folts and Brett J~ehl pf D-A-K A~pcia~;es, LLC Mary Lou Folts, Esq., Lark & to apply for variance(s) on my }Seliati ltom me Southold Zoning Board of Appeals. ( (Owner s Signature) lOt,.~/2~12 CHLOEM, LLC by Rebecca D. Manwaring, Member (Print Owner's Name) RECEIVED BOARD OF APPEALS Chloem, LLC 10/24/12 F~on~ of Bui%ding Facing North Chloem~ LLC 10/24/i2 Fazing North atRear Yard behind building Chloem~ LLC~ I0/24/12 Facing South Chloem, LLC 10/24/12 Facing East Standing in Front Yard Chloem~ LLC 10/24/12 Facing East BOAi~,D OF APP/~Ai S Chloem, LLC I0/24/12 Standing in North~East co~ner Chtoem~ LLC 10/24/12 Facing South-East Standing in Northwest Yard Chloem~ LLC 10/24/t2 Facing West Standing in Front of Building ORR 0 Chloem, LLC 10/24/12 Facing West Standing in Rear Yard behind building FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.........Z14501 ...... ... Date . ?.u..ly..2. ....................... ,19..8.6 ADDITION AND REMODELING THIS CERTIFIES that the building ................................................ Location of Property 64755 MAIN ROAD GREENPORT h~'~ 3io: ........................ 's't;~3i ....................... h~tfiie~ County Tax Map No. 1000 Section ., .0.5.6~ ...... Block. .... ......04 .... Lot ... .2.2....... ..... Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated April 3 198..5. pursuant to which Building Permit No. 13918Z dated .... M. gY. 7. ................ 19.8..5, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... REMODEL AND ADDITION TO EXISTING RESTAURANT. VIOLET AND LARRY TUMINELLO ]:h~ ee_rtificate is issued to ..................... [oYn'e'r,~J{~g'~k .... ~ ........... -'~: ' ' of the aforesaid building. Suffolk County Department of Health Approval .. $.--.6.3 . Feb -.. 1 ~-.,, . 19 B.6 ................... UNDERWRITERS CERTIF1CATENO. N?16550-air cond±tionlng I, I756507 or:her work PLUMBERS CERTIFICATION 7/1/86 Rev- Building Inspector RECEIVED ~ BOARD OF APPEALS Easerfiche WebLink Page 1 of 1 Template: Board Actions 6322 64755 Route 25 Greenport Special Exception (use) (Use other than Acc~ B&B or AIartrnents1 htt¢://24.38.28.228:2040/weblink7/DocView.asDx?id=401022 8/21/2012 Southold, N.Y. 11971 (516) 765-19~ April 16, 1985 Mr. and Mrs. Larry Tuminello 955 Ships Drive Southold, NY 11971 Re: Site Plan Larry and Violet Tuminello Dear Mr. and Mrs. Tuminello: The following action was taken by the Southold Town Planning Board, Monday, April 15, 1985. RESOLVED that the Southold Town Planning Board approve the site plan for Larry and Violet Tuminello for the construction of an addition to an existing building for an 80-seat restaurant, located at Arshamomaque, plans dated March 12, 1985; subject to a one-year review. If you have any'questions, please don't hesitate to contact our office. truly yours, ~ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Building Department By Diane M. Schultze, Secretary BOARD OF APPEALS The have DATE ~ DE,^"T~E.T Or ,~. of' Constructed Works ' ~ Reft Ro. 5 -~3 , :,: '., ~ ~;s'? ~u_o,~ f,,,~{.,.~s at this .Ioca~'" ~,.s 9eva.tme~ rind. aie , CHIEF OF GENE~' ' 60 ,q / N P-.OAD PLANNING BOARD MEMBERS ~LL~ J. CREMERS G~ORGE D. SOLOMON JOSEPH L. TO.SEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Young$ Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED OCi' fi,~ :,', BOARD OF APPEALS From: Martin H. Sidor, Planning Board Chairman Members of the Planning Board August 17, 2009 Ehrlich, Richard (Main Road Group) SCTM#1000-56.00-4-22 ZBA# 6322 Date Re: AUG 1 8 2009 The Planning Board received your request for comments regarding the above application for a special exception permit to reopen a restaurant located at 64755 Main Road, Greenport in the M-II zoning District. Section 280.55B(1) "Uses permitted by special exception", Restaurants, excluding outdoor counter service, drive-ins or curbside service establishments: As you are aware, the restaurant use was reviewed in 1985 by the Planning Board and received site plan approval where the following comments are for the Board's consideration: 1. The property, which is subject of this applcaiton, is zoned Mil and the proposed use a restaurant is permitted by Special Exception. 2. According to building Department records the use of the site has been a restaurant prior to 1969. 3. The subject parcel was previously reviewed for the same use as currently proposed where the development of the site, use and parking where reviewed and approved by the Planning Board. ZBA# 6322 Ehrlich, Richard 4. Provided there is no change in the number of se; the Planning Board has no issue with the use. 5. Last, provided there is no change to the site other than what was approved by the Planning Board, there is no issue. It should be noted that any future requested change to the site plan should include a copy of the relevant section the approved stamped site plan noting the location of the requested change to be reviewed by the Planning Board. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. CC: Planning Board Heather Lanza, Planning Director Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: OCTOBER 22, 2009 ZBA ¢~6322: RICHARD EHRLICH, Applicant Property Location: 64755 Main Road, Greenport CTM Parcel: 1000-56-4-22 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This applicalion 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 July 31, 2009 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 applicant's property is situated in the Marine M-II Zone District with +/- 300 feet fronting along the Main Road and is improved with a single-story framed tavern building shown on the November 19, 1986 survey by Roderick Van Tuyl, P.C. BASIS OF APPLICATION: Request for a Special Exception for Restaurant Use in an existing buildi'ng under Town Zoning Code Section 280-55-B(1 ). ADDITIONAL: INFORMATION: The existing building has been a restaurant since 1969 and described on the 1986 survey by Roderick VanTuyl and the Building Department records as a tavern. In 1985 the building was renovated and expanded and received a site plan re'~ew and approval from the Planning Board on May 10, 1985 and a Cediflcate of,Occupancy (No. Z14501 ) from the Town Building Department and approval by the Suffol~ County Department of Health. In 1994 the zoning map was amended and the property.was re-zoned from B General Business to Marine M-II. A Restaurant is a permitted use by Special Exception in the Marine M-II Zone. Because the restaurant operations were discontinued and the building vacated, the pre-existing, as of right restaurant u$i~ was discontinued and the building fell into disrepair. A special exception permit is required to re-open the restaurant. Written comments were received by the Board of Appeals on August 18, 2009 from Martin Sidor, Chairman of the Planning Board regarding this application and confirming the 1985 site plan approval for the use ZBA #6322 - RICHARD EHRLICH Property Location: 64755 Main Road, Greenpod CTM Parcel: 1000-56-4-22 as a restaurant. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 1, 2009 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 280 -55-B1 governing restaurant uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: 1. A restaurant is a permitted use in this Marine M-II Zone under Section 280-55-B(1) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. In this review the Board determines that a restaurant use is in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds that: A) The use of the property as a restaurant in the proposed renovated building will not prevent the orderly and reasonable use in this zone district and adjacent districts. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) Th~ use will be in harmony with and will promote the general purposes and intent of the ,Code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. ~ RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to Page 3 - October 22, 2009 ZBA #6322 - RICHARD EHRLICH Property Location: 64755 Main Road, Greenport CTM Parcel: 1000-56-4-22 GRANT the Special Exception for a Restaurant Use, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: ..1. There shall be no increase in the number of seats or intensity of use as previously granted by the Planning Board. 2. There shall be no change to the site other than what was approved by the Planning Board. 3. There shall be no changes to the (nonconforming) setbacks and height of the existing building. Minor changes to the roofline and the addition of a cupola are permitted so long as they that do not increase the height of the existing roof ridge (within the nonconforming setbacks). "4. All garbage generated by the restaurant shall be contained on-site in dumpster(s) that are visually screened and housed in a fenced in area with proper rodent control. '5. Evergreen privacy screening at a minimum of 4 or 5 feet in height shall be planted along the easterly and westerly property lines, not closer than 40 feet from the front property line adjacent to the road, and shall ', be continuously maintained. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Me~:nbers-G"'O~'~'~ger~rman), Weisman, Simon, and /' Ge/r. ard"P. Goe~inger, Cha~rmari/ 10/3e ~2009 ? . pproved for.,in9 ./ FULL ENVIRONMENTAL ASSESSMENT FORM PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may h~O~J~i(~r~' (~,I~S environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. CHLOEM, LLC 64755 Main Road, Southold, Town of Southold, Suffolk County Lark &Folts, Esqs. (631) 734-6807 Address PO Box 973 City/PO I 5tare I Z,p Code Cutcho~ue NY 11935 CHLOEM, LLC q531) 765-3200 Address PO Box 1802 Southold I NY 11971 Fish Market with combination of wholesale and retail sale of finfish and shellfish and accessory restaurant for cooking of fish and shellfish in conjunction with fish market. Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: E] Urban [] Industrial [] Commercial [] Residential(suburban) [] Forest [] Agriculture [] Other [] Rural(non-farm) Total acreage of project area: 46,309 sq~eB, ft. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland(Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, b~i~[~s and other paved surfaces Other (Indicate type) Bu±lding area T~===, l=w~, vegetation PRESENTLY AFTER COMPLETION 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres acres 15,644.49~ft' 22,830 s~.~ ft. 2,780 sq. ft. 3,162.79 sq. ft. ~v,~.51 ~. ft. What is predominant soil type(s) on project site? sand and clay a. Soil drainage: ~ Well drained 100 % of site [] Moderately well drained % of site ~ Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System'? N/A acres (See 1 NYCRR 370). Are there bedrock outcroppings on project site? [] Yes ~ No a. What is depth to bedrock? i'q/A (in feet) 5. Approximate percentage of proposed project site with slopes: :~3 0-10% 0-5 f8 [3 10-15%__% [] 15% or greater__ % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [] Yes ~ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes ~J No 8. What is the depth of the water table? 42 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [] Yes :~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~] Yes [] No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [] Yes ]~ No According to obse~:¥al:~on Identify each species 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations) [] Yes :ID No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [] Yes ~ No If yes, explain 14. Does the present site include scenic views known to be important to the community? [] Yes ]~] No 15. Streams within or contiguous to project area: no~e a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name ~_ozze b. Size (In acres) 17. Is the site served by existing public utilities? ~ Yes [] No a) If Yes, does sufficient capacity exist to allow connection? ~ Yes [] No b) If Yes, will improvements be necessary to allow connection? ~ Yes [] No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? O Yes :~ No 19. Is the site [ocated in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? [] Yes 3:3 No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes ~ No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor /~6, b. Project acreage to be developed: 46,309a~e~.itially; 46 ~ 309 ~i~s ft. ultimately. c. Project acreage to remain undeveloped __acres. d. Length of project, in miles: N/A (if appropriate). e. If the project is an expansion, indicate percent of expansion proposed __ f. Number of off-street parking spaces existing 26 ; proposed 3.5 g. Maximum vehicular trips generated per hour __ -~. 392.79 sq. 10 (upon completion of project). h. If residential, Number and type of housing units: Not Applicable One Family Two Family Multiple Family Condominium Initially N/A Ultimately i. Dimensions (in feet) of largest proposed structure __height; __width; __length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e., rock, earth, etc.)will be removed from the site? 0 tons/cubic yards. 3. WiB disturbed areas be reclaimed? [] Yes [] No I~ N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? El Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [] Yes I~ No 6. If single phase project: Anticipated period of construction 3 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated 1 (number). b. Anticipated date of commencement phase 1 * month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? [] Yes ~ No 9. Number of jobs generated: during construction? 6 ; after project is complete? 11 10. Number of jobs eliminated by this project? 0 11. Will project require relocation of any projects or facilities? [] Yes [~ No If yes, explain *when building permit is issued .year,(including~emolition). __year. 3 months after building permit [] Yes ~ No 12. Is surface liquid waste disposal involved? if~XYes [] No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount septic/cess'oools & ('3) 3 1/2 yard - dUmpsters once a b. Name of water body into which effluent will be discharged None week. 1;3. Is subsurface liquid waste disposal involved? [] Yes ~ No Type 14. Will surface area of an existing water body increase or decrease by proposal? [] Yes ~ No Explain 15. Is project, or any portion of project, located in a 100 year flood plain? [] Yes Y[] No 16. Will the project generate solid waste? 1[] Yes [] No a. If yes, what is the amount per month? ['J'-B'-t',A~Ws'r :(3) 3:.1/2 yard dumpsters once a week. b. If yes, wiB an existing solid waste facility be used? [] Yes [~ No c. If yes, give name ; location d. Will any wastes .ct go into a sewage disposal system or into a sanitary landfill? [] Yes ]0 No e. If Yes, explain 17. Will the project involve the disposa~ of solid waste? ~ Yes [] No a. ~f yes, what isthe anticipated rate of disposal?'~-_;;--~-~L~f~h.(3) 3 1/2 yard dumpsters once a week. b. If yes, what is the anticipated site life? 0 _years. It is removed. 18. Will project use herbicides or pesticides? [] Yes i~3 No 19. Will project routinely produce odors (more than one hour per day)? [] Yes [~ No ~No 20, Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? [] Yes If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A 23. Total anticipated water usage per day 300 gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [~ No If yes, explain .gallons/minute. Not applicable 25. Approvals Required: City, Town, Village Board [] Yes ~] No City, Town, Village Planning Board Y~] Yes E] No City, Town Zoning Board ][] Yes [] No City, County Health Department ~3 Yes [] No Other Local Agencies [] Yes ID No Other Regional Agencies [] Yes ~ No State Agencies ~ Yes [] No Federal Agencies [] Yes ~ No Type Submi~alDate Site Plan - Town 10/25/12 Special Exception-Town 10/25/12 Wastewater Management NYS Agricultural & Markets C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? [~ Yes [] No If Yes, indicate decision required: [] zoning amendment [] zoning variance ~ special use permit [] subdivision ~ site plan [] new/revision of master plan [] resource management plan [3 other 2. What is the zoning classification(s) of the site? Marine II 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Restaurant, Fish Market and accessory Restaurant 4. What is the proposed zoning of the site? same (Marine II) .5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 9,262 sq. ft. of building area (20%) 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? To the west & South Marine II; to east and north R80 Residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ~3 Yes [] No 9. If the proposed action is the subdivision of land, how many lots are proposed? Not applicable a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [3 Yes ~ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? [] Yes [~ No a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. If yes, is the existing road network adequate to handle the additional traffic? [] Yes [] No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Spo[~or/Name Chloem, LLC Date o~ / ',,z ,. 0ctober,., , 2012 Signature ~ ~F ~ ' '-~/~, Title Member/Manager Uharles A. Manwarin~, Jr., M~f~ber/Manager o~ Chloem, LLC If the action is in the Coastal Area, anc~ you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 [] Part 2 [] Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if different from responsible officer) Date SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM Site Plan Name and Location Site Plan Name: Chloem, LLC Application Date: __ __ Suffolk County Tax Map #1000- 56 _ 4 _22 Other SCTM #s N/A Street Address: 64755 Main Road Hamlet: Southold Distance to nearest intersection: 100' to Albacore Drive Type of Site Plan: x ]New Amended Residential Zoning District Owners/Agent Contact Information Please list name, mailing address, and phone number for the people below: Property Owner Chloem, LLLC Street PO Box 1802 City. Southold, Home Telephone 10 / /2012 Marine II State I,~ Zip. 11971 Other Applicant Chloem, LLC Street PO Box 1802 BOARD OF APPEALS City. Southold Home Telephone State NY Other _Zip 11971 Applicant's Agent or Represent~ive: Richard F. Lark, Esq. Conta~Person(s)* Lark & Folts PO Box 973 Street City Cutchogue: NY 11935 State Zip. Email: LarkandFolts@aol. com Office Telephone (631) 734-6807 CRher Fax 734-5651 *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Site PlanApplication Form 2/18/2010 Proposed construction type: New Property total acreage or square footage: X Modification of Existing Structure 43,609 a~r/sq, ft. __.Agricultural Change of use Site Plan build-out acreage or square footage: 3,502.61 at. sq. ft. Is there an existing or proposed Sale of Development Rights onthe property? Yes __ If yes, explain: No x Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Y × N If"yes", explain (and attach any necessary documentation - title report, subdivision approval, etc.) Building Department Notice of Disapproval Date: / /__ Building Permit Application submitted 107 /12 Is an application to the Southold Town Zoning Board of Appeals required? Yes x If yes, have you submitted an application to the ZBA? Yes x No __ If yes, attach a copy of the application packet. Copy of Special Exception application packet is attached. Show all uses proposed and existing. Indicate which building will have which use. proposed per building, indicate square footage of floor area per use. List all existing property uses: Vacant restaurant building List all proposed property uses: Fish market with small restaurant Other accessory uses: Existing lot coverage: Gross floor area of existing structure(s): 2,780 No If more then one use is Accessory restaurant As shown on Site Plan Sheet A-103 cutting room, display areas, bathroom,et 6 % Proposed lot coverage: 6.84 ~o sq. fi. Gross floor area of proposed stra~ure(s): 3, 162.79 Parking Space Data: #ofexistingspaces: 26 #ofproposedspaces: 35 Loading Berth: Yes X No *including open field Landscaping Details: Existing landscape coverage: 43.87°~0 Proposed landscape coverage:. 43.8~ Wetlands: Is this property within 500' of a wetland area? Yes __ No x Maybe I, the undersigned, certify that all the above information is tree. SignatureofPreparer:(/,ff~{v~~ __ Date: lO/~£ /2012 CHLOEM, LLc byCliarles A. Manwaring,~f~, Member-Manager $itePlanApplicationForm 2/28/2010 REC ED '~ BOARD OF APPEALS SCTM # looo .-.-5~;- '--/-zz.- OWNER ' iq,ii LAND IMP, TOTAL TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET ACR. TYPE OF BLD. PROP. CLASS DATE FRONTAGE ON WATER BULKHEAD HOUSE/LOT TOTAL TOWN OF SOUTHOLD PlIOPERTY RECORD CARD h'c/n ~ b x/, 7,5%v,_~c~ o.sr.su~. ~_OT FA~ Acre ¢alue Per ~' .e~/~ ' ' ¢ ' ' House Plot DEPTH .~ BULKH~D Tot~ DOCK M. Bldg. Extension Extension Extension Parch Porch Breezeway Garag~ Patio Total COLOR TRIM Foundation Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor 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, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 5, 2012 Zoning Appeal No. 6608 Transmitted herewith is Zoning Appeals No. 6608 of Lark & Folts for Chloem~ LLC - the Application for Special Exception to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Nine Pages of Photos, Questionnaire, Copy of Application for Building Permit Dated October 25, 2012, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Page Cover Letter from Lark & Folts Dated October 26, 2012, Six Page Affidavit from Cloem, LLC Dated October 25, 2012, Four Pages of Bargain & Deed Sale Between Mill Creek Partners, LLC & Cloem, LLC Dated August 22, 2012, Authorization Letter from Cloem, LLC to Lark & Folts to Represent them in this Matter Dated October 25, 2012, Authorization Letter from Charles A. Marwaring, Jr. to Lark & Folts to Represent him in this Matter Dated October 25, 2012, Authorization Letter from Rebecca D. Marwaring to Lark & Folts to Represent her in this Matter Dated October 25, 2012, Certificate of Occupancy No. Z14501 for Remodel & Addition to Existing Restaurant Dated July 2, 1986, Copy of Building Permit No. 13918Z for Remodel & Add to Existing Restaurant Dated May 7, 1985, Copy of Letter from Planning Board Approval of Site Plan Dated April 16, 1985, Copy of Survey of Property Dated November 19, 1985 Prepared by Roderick Van Tuyl, P.C., Two Pages of Memorandum from Planning Board Office Dated August 17, 2009, Three Pages of Board of Appeals Findings & Determination No. 6322 Dated October 22, 2009, Six Pages of Project Information & Full Environmental Assessment Form, Two Pages Southold Planning Board Site Plan Application form Dated October 25, 2012, Two Pages of Property Record Card, Copy of Survey Showing Property as it Exists Dated October 26, 2012 Prepared by Peconic Surveyors, P.C., Map of Properties Dated October 25,2012 Prepared by Pcconic Surveyors, P.C., Six Pages of Plans Showing Site, Floor Plans & Elevations Dated October 16, 2012 Prepared by DAK Associates, LLC. OT~,~,~) of Southold . Box 1179 Southold, NY 11971 Date: 11/05/12 Transaction(s): 1 1 * * * RECEIPT * * * ZBA Application Fees Receipt#: 143179 Reference Subtotal 6608 $1,200.00 Check#: 4149 Total Paid: $1,200.00 Name: Southold, Fish Market Charles Manwaring Main Rd, P O Box 1802 Southold, NY 11971 CAROLH Clerk ID: Internal ID: 6608 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/2/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6608 Chloem, LLC 4149 $1200.00 NOV - 5 2012 $ou~oia [own Cle~ $1200.00 By lc Thank '~ou. B aun Seafood Co. T.O. Box 97~ Cutctio, que, .'NlJ 119.~5 l~hone: 631-73..4.-67oo .'fa.c: 6~1-z34-7462 December 4, 2012 Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Town Board Members: Braun Seafood Co. has been doing business with Charles Manwaring at Southold Fish Market for over twenty years. We have watched Charlie improve business and become a positive resource to the Town of Southold during his tenure. Charlie has been a valuable asset to the community, working very hard to grow his business in very negative economic times. Charlie has created new jobs for the Town of Southold, as well as helping local baymen and other food related businesses prosper. His unique style of business has helped improve the commtmity of Southold. These unique gifts that Charlie displays in his everyday business in Southold are very hard to find. Anything that any of us can do to help Charlie get his new fish market open will only help to benefit our community in the future. Sincerely, Braun Seafood Co. Kenneth Homan President IOH:ap Southold Town Board 53095 Main Road Southold, NY 11971 Elizabeth A. Neville Telephone: (63l) 765 - 1800 December 5. 2012 Mrs. Vicki Toth Address Not On File Dear Mrs. Vicki Toth: Please be advised that the Town Board, at a meeting held on December 4, 2012 7:30 PM, considered the following resolution(s): Resolution RES-2012-870 Manwaring Trailer Permit Renewal Adopted [Unanimous] CC: ;leather Lanza Mark Terry Carol Kalin Linda Randolph Pat Conklin Christine Foster, Secretarial Assistant Janice Foglia Lynne Krauza Jennifer Andaloro Connie Solomon John Cushman Linda Cooper, Delmty Town Clerk Lynda Rudder, Deputy Town Clerk Elizabeth Neville, Town Clerk Martin Finnegan, Town Attorney Phillip Beltz L Levine Sincerely Yours, Elizabeth A. Neville Town Clerk Southold Town Board - Letter RESOLUTION 2012-870 ADOPTED Board Meeting of December 4, 2012 ,~ (,~l,~ Item # 5.16 DOC ID: 8297 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-870 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2012: RESOLVED that the Town Board of the Town of Southold hereby grants approval of the trailer permit renewal of Charles Manwaring dba Southold Fish Market, Southold, New York, for a period of three (3) months from December 10, 2012, to locate a trailer on the property at 64755 Route 25, Greenport, NY, SCTM # 1000-56-4-22 to be used as a temporary retail fish market. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated December 5, 2012 Page 2 To: Southold Town Zoning Board of Appeals From; Joseph and Sharon Mitmni 64725 Main Road Route 25 Southold BOARD OF APPEALS 12/02/12 To Whom it may concern, We are the owners of, and reside at, the above mentioned property which is adjacent to the east of the property in question at 64755 Route 25. Mr. Manwaring has made us aware of his request for a zoning variance to operate a fish market and restaurant at his property to our west. Naturally our initial concerns were about the possibility of strong or offensive odors coming from the property. Without delay, and at some expense, Mr. Manwaring has demonstrated his awareness and concern of the issue and has done, and is doing, what he can to alleviate the issue. I might add that he is the first owner of this property in the last 32 years that has demonstrated this awareness and concern. We have, on occasion, noticed some smell emanating from the property, but we feel this is a result of his somewhat less than desirable temporary setup. With this in mind it is our opinion that granting this variance as quickly as possible would be in everyones best interest. Thank you, Joseph Mitrani Sharon Mitrani 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, DECEMBER 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 1179, Southold, New York 11971-0959, on THURSDAY~ DECEMBER 6~ 2012: 10:40 A.M. - CHLOEM~ LLC - #6608 - Request for Special Exception per Article Xlll Section 280-55B (1 & 5) to operate a restaurant and fish market in a Marine II (Mil) District. Located at: 64755 Route 25, Greenport, NY. SCTM#1000-56-4-22 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.ny.us Dated: November 9, 20t2 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 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME'. CHLOEM, LLC. # 6608 SCTM #: 1000-56-4-22 VARIANCE: SPECIAL EXCEPTION REQUEST: FISH MARKET/RESTAURANT DATE: THURS., DEC. 6, 2012 10:40 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-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.north fork.net November 5, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,December 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 November 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l 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 arranqements 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 November 26th: 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 November 28th: 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 Postin.q for receipt by our office before December 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. #40951 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 1 week(s), successfully commencing on the 29th day of November, 2012. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF A~PEALS THURSDAY DEi~EMBER 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 bear- mgs will be held by the $OUTHOLD TOWN ZONING BOARD OF AP. [(~t~LO~L-~a.~ - (adjourned fro~ permit sad thc Buildi~s Iaspector'~ Se,& regarding propo~ad a~ceasory m-grovad 10:40 A.M.. cHLOEM, LLC - ~ 11:00 A.M. - ROBERT CORAZZI- N1 - #6609 - Request for Variance from Article III, Code Section 280-15 and the Building Inspector's July 27, 2012, updated November 1, 2012 Notice of Disapproval based on a building permit application to construct an accessory ga- rage: at: 1) more than the code required maximum square footage of 660 sq. ft. on lots containing less than 20,000 sq. ft., located at: 33195 Main Road Cutchogue, NY. l'l:ZO A~L - ROBERT M. ~ - Applicant re- quest$ a Spee~l ~ ~ Article IlL So:tion 280-13B(13). The Applicam ~..qtlest for Variance from Ar ~cle~.I~'~od~ Section 280-15 and the B~itlg lasp0Ctor's November 2, 2012 Notic~ of D~pprovel based on an ap- p_ro~, rty, located at: 750 Paradise Point Road (adj. to Shelter Island Sound) Sou.~leld, NY. SCTM#1000-81-3-26.1 ~III Sc~tion July 27, 2012, ~pdated October 31, 2012 Notice Of Di~a~provai based on an ap- plication for building permit for a lot CHRISTINA VOLINSKI NorARY PUBLIC-STAlE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commission Expires February 28. 2016 The Board of Appeals will hear ail pemons or their representatives, desir- ing to.be heard at each hearing, and/or desiri~ to SUbmit written statements before the ¢onclusion of eaoh hearing. Each hearing will not stm't earlier than designated above. Files are available for revieW, during regular busine~ hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809. or by email: Vicki. TothOTown. Southold.nv.u$. Dated: November 16, 2012 ZONING BOARD OF APPEALS LESLIE hANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS} P.O. Box 1179 Southold, NY 11971-0959 10 951-1T 11/29 TOWN OF SOUTHOLD ZONINO BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS Chloem, LLC (Name of Applicanm) SCTMParcel # 1000-56-4-22 COUNTY OF SUFFOLK STATE OF NEW YORK I, BARBARA DIACHUN residing at 875 School House Road, Cutchogue, New York, being duly sworn, deposes and says that: On the 16th day of November ,20 12, I personally mailed at the United States Post Office in Cutchogue , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree 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 (x) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Barbara Diachun Sworn to before me this 23rd day of November ,20 12 (Notar~ Public) ,, NO 52~4~1 PLEASE list on ~e back of ~ts ~d~l~~r, the lot nmbers to ~e o~er nines and addresses for which notices were mailed. Th~ you. next APPLICATION OF LLC - %6608 1000-056.00-07.00-004.001 $0.45 $2.95 $2.35 $ $5.75 r,- L,,L ~ _o. ~__~_,,_._ ._ ~_9 _ Ag__x_._ L2.~ .8. ........................................... .,, ? 1000-056.00-07.00-005. 000 1000-056.00-04.00-024.000 $ $0.45 $2.9~ $2.~ $ ~ [Sentro Edward F Tuccio ~[ Steghen Patterson o '~Erb¥£7~l:NE~ ...................................................................... ~- orPOBoxNo. 193 Griffing Avenue ?--'--' ........ ~.~;;;:;~;';;;;F ~---E~'(;~;'~ .............................. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS November 23, 2012 Ms. Vick± Toth Southold Town Zoning 54375 Main Road P.O. Box 1179 Southold, NY 11971 Board of Appeals RE: Chloem, LLC #6608 Dear Ms. Toth: Pursuant to the letter of the Zoning Board of Appeals dated November 5, 2012 in connection with the above-captioned matter, I am enclosing the Affidavit of Mailings. Very t~y yours,. RFL/bd Enclosure APPLICATION OF CHLO~ LLC #6608 1000-056.00-07.00-004.001 · 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: Principi Properties LLC PO Box 1248 Southold NY 11971 A. Signature X '.~ * ~_~ [] Addressee ' I B. Received by ( Printed Name) C. Date of Deliver/ D. Isdelive~addmssd~ere~tfrom¥~ml? []Yes If YES, enter delivery address be[ow: [] No 3. Servk:e Type ~1 Ceriifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliveej? (Extra Fee) [] Yes 2. Article Number ~rmr~r~mserv~c~ 7011 3500 0001 1681 5117 PS Form 381 1. February 2004 , Domestic Rs/aJrn Receipt 10259~02~1-1540 1000-056.00-07 . 00-005. 000 1000-056.00-04.00-024 · 000 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so tha~ 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: Edward F Tuccio Stephen Patterson 193 Griffing Avenue Riverhead NY 11901 17 []Yes If YES, snter delivery address bek~w: [] No [~ r.~tIF~d Me]l [] Express M~I [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Deliver? (Ex~a Fee) [] Yes 2. Article Number (Transfer flora service label) 7011 3500 0001 1681 5124 PS Form 381 1, February 2004 Domestic Return Receipt 1(~5.02.M.1540~ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING Chloem, LLC (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 56-4-22 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CHARLES A. MANWARING, JR. residing at 1225 Seawood Drive Southold New York being duly sworn, depose and say that: On the 19th day of November ,2012 , I personally 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 to the date of the subject hearing date, which heating date was shown to be December 6, 2012 ~/~ (Signature) Charles A. Manwaring, Jr. Swom to before me this 28thDayof November ,201 2 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS November 29, 2012 Ms. Vicki Toth Southold Town Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, NY 11971 RE: Chloem, LLC %6608 Dear Ms. Toth: Pursuant to the letter of the Zoning Board of Appeals dated November 5, 2012 in connection with the above-captioned matter, I am enclosing the Affidavit of Posting along with the green signature cards from the certified mailings. Very truly yours, Lark RFL/bd Enclosures Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 5, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planmng 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 # 6608 Owner/Applicant · CHLOEM, LLC Action Requested: Special Exception for a Restaurant in Mil Zone. Within 500 feet of: (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~./~Neisr~ a n ("~_ By: (~/~'/~ ~v~/'V-~'~ N % NOTICE ~ COU.TY OF SUFFOLK (:~ L ............ I [~[~'~'~I~ Real Pr°perty Tax Service Agency I ¥ J ~,~ SECTK~N NO 56 PROPERTY Stephen PattErson III Edwin Tuccio 193 Griffing Ave. Riverhead, NY 11901 41155 CR48 Southold, NY 1197 I 1000-56-04-20.2 64155 Main Rd. LLC 41155 CR48 Southold, NY 11971 1000-56-04-2 I PO Box 2047 Greenport, NY 11944 1000-56-04-23 Joseph R Mitrani 64725 Rt 25 Southold, NY 11971 1000-56-04-24 Stephen Patterson III Edwin Tuceio 193 Griffing Ave. Riverhead, NY 11901 ~USINESS Pamela Dyer Huntington Station, NY 11746 Sou~old, NY 11971 ~ 1e 435 Albacore Drive 1000-57-0142 How~d Malone Jr. 235 Dolph~ Drive 1000-57-0143 PO Box 1179 Sou~old, NY 11971 James Mealier 20 Beechwood Dr o\ MAP OF PROPERTIES, SHOk/ING LAND USES A r AR.~HOMOMOOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 - 56 - 04 - 22 $cole, I' = I00' Oct, 25~ 2012 1000-56-07-0 I Goldsmith's Boat Shop PO Box 1436 Southold, NY 11971 1000-56-07-02 64300 Main Rd. LLC 8595 Cox Lane Cutchogue, NY 11935 Princlp~ Proper[ies 8595 Cox, Lane Cutchogue, NY I 1935 1000-56-07-05 Principi Properties 8595 Cox Lane Cutehogue, NY 11935 1000-56-07-06 Lars E. Larson I70 Dolphin Drive Southold, NY 11971 1000-56-0%08 Darlnki Mrvica t6-03 150~ Street Whitestone, NY 11357 1000-56-0%09 Cynthia Young 17 Worden Place W. Babylon, NY 11704 1000-56-0%[0 Pamela Katzer 495 W. Shorn Drive Southo]d, NY 11971 Principl Properties LLC Cutchogue, NY 11935 1000-56-0%]2 Gay Reese 74 W}utehall Rd. Roekville Centre, N Y ] 1570 1000-56-07-13 Chrislopher Cohen 195 Albacore Drive Southold, NY 11944 1000-56-0%14 DKS Limited Paflnership 315 Albacore Drive Southold, NY 11971 OO [ ,~ 9 20l? BOARD OF APPEALS' (63,~1 765 - 5020 - 1797" P,O, BOX 909 ~2~o r~,VELE~ sour, oLo, N.Y. .~n 12-19 7F