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Home My WebLink About1000-56.-7-2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 22, 2012 Re: Coastal Consistency Review for ZBA File Ref. MILL CREEK PARTNERS~ LLC #6575 SCTM~1000-56-7-2 MILL CREEK PARTNERS, LLC #6575 - Request for Variance from Article XXII Code Section 280- 116(B) based on an application for building permit and the Building Inspector's February 29, 2012, revised May 7, 2012 Notice of Disapproval concerning permit to construct a dock master's building and addition/alteration to existing restaurant, at; 1) dock master's building at Jess than the code required bulkhead setback of 75 feet, 2) additions/alterations at less than the code required bulkhead setback of 75 feet, located at: 64300 Route 25 (adj. to Southold Bay) Greenport, NY. SCTM#1000-56-7-2 The dock master building includes two bathrooms and a shower on the first floor. The dock masters office would be located on the second floor. The plans do not include sanitary systems to dispose of sanitary waste from the facilties, The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed dock master building is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, encourage the evaluation and implementation of altemative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. Policy 5.4 Limit the potential for adverse impacts of watershed development on water quality and quantity. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards The proposed action does not meet or further Policies 5.1 and 5.4 (above). The building proposes two bathrooms and a shower; no sanitary disposal systems or methods are indicated on the plans. Note: That the minimum setbacks from a wetland boundary pursuant to § 275-3. Findings; purpose; jurisdiction; setbacks. D. Setbacks. [Amended 10-11-2005 by L.L. No. 17-2005] are: [3] [4] Sanitary leaching pool (cesspool): 100 feet. Septic tank: 75 feet. Any decision regarding the location of a future sanitary system (if any) should be made to comply with this requirement to insure that the safety, the health, the welfare of the Town will not be adversely affected by the proposed use and its location. It is my determination that the proposed additions/alterations at less than the code required bulkhead setback of 75 feet (restaurant) is CONSISTENT with the below listed LWRP polices and therefore CONSISTENT with the LWRP. lO. 1 (b) Improve the economic viability of water-dependent uses by allowing for non-water dependent accessory and multiple uses, particularly water enhanced and maritime support services where sufficient up/and exists. The term water-enhanced use means a use or activity which does not require a location adjacent to coastal waters, but whose location on the waterfront adds to the public use and enjoyment of the wateds edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment in nature. These uses may be necessary for the successful financial operation and viability of water-dependent uses. The improvement of the restaurant (water enhanced use) supports the above policy. Note: That the Board of Trustees issued a permit (TR-9671) for the action on November 16, 2011. A Storm Water Pollution Prevention Plan will be required in the site plan review process. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial 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 SCrM# 5 6 0 7 0 2 The Application has been submitted to (check appropriate response): TownBoard ~ PlanffingOep~ ~ Building Dept. ~ BoardofTruztees [] 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, certifieatioh: Nature and extent of aCtion: Renovations to an existing Restaurant & Marina Site Improvements to include: New Gravel Parking Areas;Underground Utilites:Site Li~htina:New Dockmaster/Marina Buildina:New Landscaping; New Low sill bulkhead, revetment, floating docks, basin/channel dredging. Locaf0nofactlon:64300 Main Road (rt 25) Greenport, NY Siteac~age: 142,441 Sq. Ft. = 3.27 AC Presentland use: Restaurant & Marina Present zoning classification: M-2 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Mill Creek Partners, LLC (b) Mallingaddress: P.O. Box 326 Cutchogue, NY 11935 (c) Telephone number: AreaCode (). 734-5217 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South01d that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. T~eYeS [] No [] (Not Applicable - please explain) site is located on Southold Bay and is in an area that has several Restaurants and Marinas. This site has been used for that purposed for ~ff~uL~ of d~v~lopm~n~ by pzovldi~ ~ Gr~n Mari~ ~vi~onm~L. Attach ad~lifional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes ~-~ No ~ (Not Applicable - please explain) There are no historical or archeological structures on the property Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria F~ Yes [] No [] (Not Applicable- please explain) The existing restaurant will be maintained as constructed with minor improvement Ail utilitarian and mechanical equipment will be screened with privacy fencinq and everqreen screeninq. The architectural style of the buildinq matches other architectural styles in the area. The addition of landscaping, Attach ~dition~ Oee~ifnegessa~ qua±~ty a±ong the main Road Corridor. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No ~ (Not Applicable- please explain) Ail rainwater runoff on developed portions of the site, will be retained on site with the use of underground drywells for both the parking area and roof areas. Driveway and parkinq areas will slope away from the marina to prevent any ~ ~ ~ ~h~ ~ ~~q~ ~ ~ ~r ~]~h~ ~ ~h~ n.orth nhe existing restaurant. The iow sill bulkheads e revetments will prevent A~h~diti0nalshee~ifne~ further erosion of the marina basin. Policy 5. ~ot~ ~d ~prove water q~W ~d supply ~ ~e Town of Southold. See L~ Section IH -Polici~ P~ 16 through 21 for evaluation criteria ~ Yes ~ No ~ (NotA h~bie pleaseexplmn) All rainwater r=off ~m t~; propose~ addition will be retained on site with the use of underqround drywells. The existinq sanitary system meets current Suffolk County Dept. of Health Services standards for Suffolk County. Attach additional sheets if necessary Policy 6. Protect and restore the q, mllty and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [-~ Yes [] No F-~ (Not Applicable - please explain) No development will take place in the "protected" or natural indigenous environment. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section II1 - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) The restaurant will meet all required kitctxen exhaust requirements. All construction vehicles will meet the federal standard for air pollution air pollution Attach additional shee~s if necessary Policy 8. MinimLze environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. ~-~ 'Yes [~ No ~ (Not Applicable - please explain) The construction and the use of the restaurant/marina will make use of the town's disposal and recycling center. All wastewater "sanitary" will be discharged into an approved SCDHS sanitary system. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable- please explain) No public land involved. Littoral access unimpeded. At~.oh additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold*s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LVOIP Section Ill -pOlicies; Pages 47 through 56 for evaluation criteria. ~'~ Yes ~-~ No ~ (Not Applicable - please explain) The renovations of the existing marina will allow this water dependent use to continue into the future. A~chadditio~lshcetsifnecesm~y Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. The marina will be workin_~ to promote sustainable use of livinq marine ALta. ch additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain The property is not in an agricultural area. Attach additional sheets if necessary policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes ~ No ~-~ Not Applicable - please explain The construction will be usin~ equipment approved by the Federal .qovernment for ener~y usage. The winery will meed Federal standards for conserving enerq¥ "enerq¥ Star Proqram" ~s wilt use "New York State enerqy conservation _~d construction cede" for construction of the new addition. Prepared~~ 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May23,2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6575 (Mill Creek Partners LLC) Dear Mr. Terry: We have received an application to construct dock master's building and addition/alterations in Greenport. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: ~ &~9~ Encls. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Mill Creek Partners, LLC c/o Samuels & Steelman Architects 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated February 14, 2012: DATE: February 29, 2012 Revised: May 7, 2012 For permit to construct dock master's building and addition/alterations at: Location of property: 64300 Route 25 Greenport, NY County Tax Map No. 1000 - Section 56 Block 7 Lot 2_ Is returned herewith and disapproved on the following grounds: The proposed construction of a dock master's building on this conforming waterfront lot consisting of 142,441 sq. fi. in the M-II District is not permitted pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." Site plan shows proposed structure at 15.25 +/- feet fi'om the bulkhead where 75 feet is required. In addition the proposed addition/alterations to the restaurant indicate an approximate 45' setback from the bulkhead. Note: Pursuant to Article XXIII, Section 280-127, the proposed addition/alterations to the principal building require site plan approval. Additionally pursuant to Section 280-55 the proposed restaurant requires site plan approval from the Southold Town Planning Board. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A., Planning TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20__ Approved ,20__ Disapproved a/c ~ke[l~-- ~ Expiration ~ ~'~f~0[~ PERMIT NO. BLDG. DEPT. TOWN OF $OUTHO£O BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Bo~xd of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form.__ ntact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT Date !4 ,20 Iz 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 sweets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Tbere, af~er, 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 oftbe 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 2. State existing use and occupancy of premises and intended use and °ccupancy °f pr°p°sed c°nstructi°n: a Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition Alteration 2~ Repair Removal Demolition . .~Other~ Work ,9~,3(,~ ....... , ~ (Description) 4. Estimated Cost -- ' Fee, .-: '-7 ' (To be paid on filing this application) ..., ;.....: ...... ..... ~ ~,,,~ ':.. ~,.- ,.-e 'q~aber ~ dwellin~ units on each floor If garage number of cars -- 6. If business, cornmercial or mixed occupancy,'sp~ify nature an~d extent of each type of use. ..... 7. Dimensions of existing structures, if any: Fron -- Rear Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height. 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase 2~11 Name of Former Owner ~t~¢ 11. Zone or use district in which premises are situated ~x~_ ~ Number of Stories Rear Depth Rear 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO~ 13. Will lot be re-graded? YES__ NO ~ Will excess fill be removed fi.om premises? YES__NO__ 14. Names of Owner of premises~gdl[)~,k~r~r~ Address P22. PJae'/54. Name of Amhiteqt ~'~rnl ~,-.M ~ ff:nl-,~.dr,~m Address'2~a~l~Phone No Name ofContractO~ ~r~,~r 'F_n~'~-t~4'~t~ Address ~Phone No. 7~ I 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES )~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES/~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. __NO STATE OF NEW YORK) COUNTY o P,,5 "~s: ' (Name ~f indlviduai signihg contract) (S)He is the .~F~- h i?/e~L'' (Contractor, Agent, Corporate Officer, etc.) being duly sworn, deposes and says that (s)he is the applicant above ~amed, of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are 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. Notary. Pubt!c 4 COUNTY OF SUFFOLK ~) Beol Property lo× Service Agency __ ~""~ SOUT~OLD SECTION NO S A M U E L S & S T E E L M A N May 21, 2012 Zoning Board of Appeals Town of Southold Town Hall Annex Building 54375 Main Road Southold, NY 11971 Re~ Mill Creek Inn and Marina 64300 Route 25 Greenport, NY 11944 SCTM# 1000-56-7-2 Dear Board Members, As per the Notice of Disapproval from the Town of Southold Building Department, dated May 7, 2012 (revised), we are submitting nine (9) sets of the following documents for an Area Variance: 1. Notice of Disapproval from the Town of Southold Building Department 2. Building Permit Application 3. Check for $1000-(2 Variances) 4. Application To ZBA 5. Project Description 6. Questionnaire Form 7. Authorization 8. Transactional Disclosure Forms 9. LWRP 10. Copies of Previous ZBA Determinations & C.O.s 11. Copy of Current Building Permit 12. Town Property Card 13. Covenants and Restrictions 14. Short Form Environmental 15. Agricultural Data Statement 16. Photographs 17. As Built Survey by Hands On Surveyors 18. Drawings a. Site Plans b. Floor Plans c. Elevations If we can provide any additional information or answer any questions, please do not hesitate to call. Sincerely, Samuels and Steelman Architects Nancy Steelman, R.A. I Fee: $ Filed Assignment No. By: APPLICATION TO TIlE SOUTHOLD TOWN BOARD OF APPEALS House No. 64300 Street Route 25 SCTM 1000 Section 56 Block 07 Lot(s). Hamlet Greenport 02 Lot Size 3.27 AC Zo.e M-II I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED aev ~m12 BASED ON SURVEY/SITE PLAN DATED ~1312 Applicant(s)/Owner(s): rvlill Creek Partners, LLC Mailing Address: P.O. [lOX 326 Cutchogue, NY 11935 Telephone: 734-6405 Fax: 734-6407 Email: burgerconstruction~aol.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Nancy Steelman .for[~Dwne~Other:~ 25235 Main Rd. Cutchogue, NY 11935 Address: 734-6405 Telephone: Fax: 734-6407 Email: nancy@samuelsandsteelman.com Please check to specify who you w_.~Lh correspondence to be mailed to, fro. tlLtJte above nartms: ~npplicant/Owner(s), ~_JAuthorized Representative, L~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May 3, 2012 and DENIED AN APPLICATION DATED Feb 14 2012 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: xxn Section: 2s0 Subsection: 11s (8) Type of Appeal. An Appeal is made for: [~A Variance to the Zoning Code or Zoning Map. E A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section ['-]Reversal or Other A prior appealr~ has, [] has not been made at any time with respect to this property, UNDER Appeal No(s). 6150,4313 Year(s). 118/09 and 8/7/95 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File Cf REASONS FOR APPEAL (additional sheets mav be used with preparer's signature): AREA VARIA:¥CE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: See Attached (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See Attached (3) The amount of relief requested is not substantial because: See Attached (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See Attached (5) Has the alleged difficulty been self-created? [~]Yes, or [~No. Are there Covenants and Restrictions concerning this land: [] No. [~-']Yes {please fttrnish This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ~ IF A USE VARIANCE IS BEING/REQUESTF~, AND PLEASE COMPLETE THE ~a~r~ppenant or Author~ed Agent (Agent mu~submit wrinen Authorization from Owner) Sworn to before me this Notary Public REASONS FOR APPEAL Owner: Mill Creek Partners, LLC Area Variance Reasons: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or be a detriment to nearby properties if granted, because: Restaurant Addition: The proposed one story covered entry will not produce an undesirable change in the character of the neighbor because it will be architecturally similar to the existing building and will be open on three sides. Dockmaster's Building: The proposed Dockmaster's Building will not produce an undesirable change in the neighbor because it is located approximately 310 feet from the Main Road and will be in the rear of the existing restaurant. It will be only be visible from the RestaurantFMarina and the adjacent marina. The adjacent marina consists of several building similar in scale to the proposed Dockmaster Building and will be in keeping with other structures in the surrounding area. Architecturally, the building will be similar to the existing restaurant, in the detailing and the exterior materials. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance because: Restaurant Addition: The existing Restaurant is located within the 75 feet bulkhead setback and any addition to the existing building will require a variance. The proposed addition is 45 feet from the existing bulkhead. Dockmaster's Building: The existing restaurant, marina and required parking areas limits the location of this proposed building. The building is proposed in a location which is centrally located to the marina and is bordered by the marina basin and parking on two sides. There is a 22' wide driveway and a 25' side yard setback to the east of the building. The narrow band of property between the side property line and the top of bank at the marina basin seriously restricts the location of this building. Them is not any other location on this site, where the building could be located where a variance would not be required. (3) The amount of relief requested is not substantial because: Restaurant Addition: The amount of relief is not substantial because the existing building is approximately 6 feet from the bulkhead and the proposed addition is 45 feet from the bulkhead. Dockmaster's Building: The Dockmaster Building is a support building for the Marina and for the boat owners. This building will house toilet rooms and a shower for the boat owners and an office for the Dockmaster. It will serve as the only support building for a 50 slip marina. The total area of the two story building is 660 SF. Currently, the toilets rooms for the Marina are in port-o-pottys on an existing deck, which will be removed. The existing restaurant building on this site is located 6 feet from the bulkhead and several Marina buildings throughout the Port of Egypt, are located directly adjacent to the bulkhead so as to support the marina operations. Many of these building are substantial in size compared to the proposed Dockmaster's Building. Therefore the amount of relief is not substantial due to it's small size and the precedent set by the surrounding marina buildings. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: If granted, the variance will not have an adverse effect or impact on the physical or environmental conditions because all rainwater runoff with be retained on site with the use of underground drywells and the sanitary system wilt meet the Suffolk County Department .of Health Services standards for sanitary waste wp&er. Prepared Date APPLICANT'S PROJECT DESCRIPTION Dockmaster ' s Buildin9 (For ZBA Reference) Applicant: Mill Creek Partners, LLC DmeP~p~ed: May 21, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: None II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions offirst floor extension: 16.5' X 20' Dimensions ofnew second floor: 16.5' x 20' Deck 4'x 12'-4" Dimensions of floor above second level: none Height (from finished ~round to top of ridge): 22 ' Is basement or lowest floor area being cons~c~ed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: $ 5 7 6 5 S.F. Proposed increase ofbuilding coverage: 545 S.F. (Dockmaster & New Entry) Square footage ofyour lot: 142,441 S.F. - Buildable - 84,556 S.F. Percentage of coverage of your lot by building area: 10.78 % of buildable V. Purpose ofNew Construction: New Dockmaster's Building with two accessible Toilet rooms, shower and office VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): 40% of the total site area is underwater and is currently beinq used as a marina. The marina is not bulkheaded currently. Applica- tions are pending with DEC and Trustees for approval of the bulk- slopes into the marina basin--The flat area betwee~ the top of the Pl~se submit seven (7) photos, labeled ~ show different angles of yard areas a~er ~aking corners ~r new constru~ion), and photos of building area ~ be alfred with yard view. 7/2002; 2~005; 1~007 VI Cont ' d bank to the eastern property line is 41'6" wide. The side yard setback is 25' which allows 16'6" for 5he width of the proposed structure. The building is 19' from the proposed bulkhead and the 2nd floor deck is 15'3" from the bulkhead. Applicant: APPLICANT'S PROJECT DESCRIPTION Addition to Restaurant (For ZBA Reference) Mill Creek Partners, LLC DatePrepa~ed: May 21, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: None II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 12 ' x 18 ' Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge): 14 ' - 6" Is basement or lowest floor area being consmacted? If yes, please provide height (above ground) measured from natural existing grade to flint floor: no 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 8 5 74 5 S.F. Proposed increase ofbuilding coverage: 565 S.F. (dockmaster & new entry) Square footage ofyour lot: 142,441 S.F. - Buildable - 84,556 S.F. Percentage of coverage of your lot by building area: 10.78% Buildable V. Purpose of New Construction: existinq restaurant New covered entry and terrace to an VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficult~ in meeting the code requirement(s): The land contours in the area of the proposed addition, do not Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [3CNo Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? Ye s 2) Are these areas shown on the map submitted with this application? ye $ 3) Is the property bulkheaded between the wetlands area and the upland building area? partially - (See Site Plan) 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: pendinq approval and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? yes mo Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? ye s If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Renovations to an existinq restaurant G. Do you or any co-owner also own other land close to this parcel? yes If yes, please label the proximity of your lands on your map with this application. ~t/athodzeTtgi~at~e and Date Please list present use or operations conducted at this parcel Marina/restaurant 2/05; 1/07 Board ofZoninR Aol}eais Aoolication AUTHORIZATION (Where the Applicant is not the Owner) /X~' flPri~ propprty mne~'s name) (Mailing Address) ~~& do hereby authorize ~ ~.~. d . (Ageqt) - - oP~%~C~. ~¢pply lbr v~i~ce(s) on my behalf l~om the Southold Zoning Board of Appeals. (Owner's Signature'" ' ) (Print Owner~ Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YO, R Mill (Last na rile, fi~sl n an~e, n~iddl~nitial; unless you are applying in the aame of someone else Or; ~lher en ~ty./uci as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO .~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) -- C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~.lTM dayof~,20 12- Signature ~-- Print Name ~L)~EIr'~. AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town ollicers and emolovees. The nurpose 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 s#me. (Last name, firs~name, middle maial, unless you are applying m the name of someone else or oilier entity, such as a company. If so, indi~le the other person's or company's ~mme.) TYPE OF APPLICATION: (Check all thai apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relatiouship with any officer or employee of the Town of Southold? "Relationship" iucludes by blood, marriage, or business interesL "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial owncrship of (or employment by) a corporation in which the town officer nr employee owns more than 5% of the shares. YES NO /~ _ If you answered "YES", complete the balance of this Ibrm aud date and sign where iudicatcd. Na~ne of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town ollicer or employee or his or ber spouse, sibling, parent, or child is (cl~eck ail that apply): __ A) the owner of greater that 5% of the shares of the corporate stuck of the applicant (when Ihe applicant i~ a corporation) ___ B) the legal or beneficial owner of any interest in a aomcorporate eatlty (when the applicant ia not a corporation) ___ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submittedthis ~ Print Nam/ Roboz~ ~. ~a Lydia A, Tom)rs Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOV~N OF SOUTHOLD ACTION OF TKE BOAi~D OF APPEALS DATE OF ACTION: J~me 7~ 195 APPL. /t4313. APPLICANT: ROY SCHOENHAAR. LOCATION OF PROPERTY: 64300 M-ira Road, Greenport~ NY COUNTY TAX MAP DISTRICT 1000, SECTION 56, BLOCK 7, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by' the Bu/ldl,E Inspector dated May 10~ 1995: "Accessory. st~'~etm'es z~qu/eed to be PROVISIONS APPEALED FROM: A~iele XII, Section 100-122 (~ef. Art/cte III, Sect{on 100-33). RELIEF REQUESTED:. 12' by 18' ~tin~ shed (with pJ,]mbln~ ~ ~ef~tion-eOole~l-~o enem~aahln~ side yaed setDack) located as shown on the su~-ve~ map dated July 9, 1984 prepaeed by Rede~iek V~nTuyl, P.C., a di~'~nee of between 2.5 and 4.0 feet from the westerly p~operry li~e "as ~/-~ts." MOTION MADE BY: Eobert A. Villa, Member SECONDED BY: Ge~rd P. Goehrin~r, ACTION/RESOLUTION ADOPTED: G~anted as ~-~sts in p~esent location distant 80+ f~om the M-in Road and as scaled 35+- feet f~om th. b--lkhead. REASONS/FINDINGS: No alternative tocat/on is av~il~ble due to basi~ and limited upland az~a; p~esent location /s not un~easonable because it is ve~r close to ~ Fa~d where accessory uses a~e ~equived. VOTE OF TKE BOARD: Ayes: Se~e J. Doyen, Member Robe~: A- Villa, Member Lyd~.A. ;ro~, Member J~mes Dini-~o, Member. Gerard p. Goeh_~n~,er, Chaimr, an GERARD P. GOEHR~ER, CHAIi%MAN ~.? APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailim, Address: Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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 JANUARY 8, 2009 ZBA # 6150 ~ SOUTHOLD PROPERTIES LLC, PRINCIPI PROPERTIES PROPERTY LOCATION: 64300 Route 25 (a/k/a Main Road, formerly Mill Creek Inn), Greenport CTM 56-7-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. · SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 1444 to 23,' and the Suffolk County Department of Planning issued its reply daged May .28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The subject parcel consists of 131,062 square feet or 3.009 acres with 177 feet fronting on Peconic Bay and 68.75 feet along the Main Road. The parcel is improved with a restaurant (under construction) and existing boat basin and is located in the M-II Marine Zone DiStrict as described on the survey by Hands on Surveying, Martin D. Hands, L.S. dated December 3, 2004. BASIS OF APPLICATION: Requests for Variances under Sections 280-56 and 280-116B, based on the applicant's request for a building permit and the Building Inspector's amended December 4, 2008 Notice of Disapproval concerning as-bnilt construction set back less than 25 feet from the westerly side lot line and proposed deck construction at less than 75 feet from the bulkhead adjacent to tidal water Page 2 of 5 - January 8, 2009 ZBA #6150 - Southold Properties LLC, Principi Properties CTM 56-7-2 LWRP DETERMINATION: A Letter from the Town LWRP Coordinator was submitted confirming inconsistency under Chapter 268~ Pohcy 6, Waterfront Consistency Review of the Town of Southold Code and the Local Waterfront Revitalization Program (LWRP) standards. The newly constructed restaurant was rebuilt, on the footprint of a pre-existing non-conforming restaurant with minimal setbacks from the bulkhead (boat basin) along Peconic Bay. In MII zones the 75' setback recommended in Section 268 Pohcy 6.3 is d~cult if not impossible to achieve. In so far as the new exterior deck and ramp construction will enhance the enjoyment of the restaurant on this waterfront, the decks are consistent with LWRP policy since the runoff will be controlled by a drainage infrastructure signed by John Condon, P.E. and which must be designed to be consistence with the Town's Drainage Code and other agency codes. It is noted that ali of the land is developed in proximity to the decks, noting the walkway and bull~head construction that exists on the seaward side of the new decks. The applicant will meet Policy 6.3D by providing adequate buffers to protect the waterfront area, as we.l] following procedures to meet other codes, and this will allow a balancing of the code policies to allow the proposed access and continued use. RELIEF REQUESTED: The applicant requests variances for: 1. An one-Story extension on a crawl space to the west side of the building with a 4.4 ft. side yard setback, 2. Deck on the seaward easterly side of the building with +/- 1.7', 12.4', and 22.9' setbacks from the bulkhead, and 3. Deck on the seaward westerly side of the building with 2.2 feet and 18.7 feet from the bulkhead, and 8.6 feet from the westerly side yard set back at the closest point, all as shown on the 9/30/2008 as-built topographical site survey 'map prepared by Martin D. Hand, L.S. and the attached detail showing the proposed westerly deck (stamped received by the Beard of Appeals December 2, 2008). ADDITIONAL INFORMATION: The Building Department issued a building permit (#32'599) which included the storage addition that replaces a previously existing shed and cooler/ After the exterior shell of the building was completed, !the Building Inspector determined that the permit was issued in error and issued a Stop Work Order. The applicant and the Building Inspector agreed that~the applicant would apply for a var/ance and continue work on the rest of the 5uilding in lieu of a challenge to the legality of the Stop Work Order. Page 3 of 5 -January 8, 2009 ZBA #6150 - Southold Properties LLC, Principi Properties CTM 56-7-2 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials s~bmitted and personal inspections, the Board makes the following findings: ~ 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance for the as-built westerly extension will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The extension replaces a previously existing attached shed, concrete pad and walk in cooler that was on the property with virtually no setback for many years prior to the applicant's acquisiti0'n .~f the property. The ZBA previously granted a variance for a shed (Appeal No; 4313)ilocated at 2.5' to 4' from the westerly side line. This shed has been removed and the as-built extension is much more attractive and increases the side yard to 4,5'. Grant of the variance for the setbacks from the bulkhead for both th~ east and westerly decks will not produce an undesirable change in the charactbr of the neighborhood or a detriment to nearby properties because the decks ~ill not be visible from the landward sides of the property), are open decks conStkucted,, at the same elevation as the first floor of the restaurant, and have the s~me or greater setbacks from the bulkhead as the restaurant. The decks will enhance the use of the waterfront and are important to the restaurant's operation. Grant of the 8.6' side yard setback at the closest point for the westerly deck will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties with the conditions noted below. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. There are no other locations available for the westerly extension other than the previous shed location permitted under Zoning Appeal 4313. The only practical location for exterior decks is on the seaward side of the restaurant ~or accessible outdoor purposes which are non-conforming and not permitted Without a variance. 3. Town I~aw q267-b(3)(b)(3). The variance for the as-built extension is not substantial insofar as it replaces an attached shed in the same location, while increasing the side yard setback. The variances for the partially framed and proposed decks are substantial in relation to the setback requirements of the code. 4. Town Law §267-b(3)Co)(5). The difficulty has not been self-created, tt results from the location of the pre-existing and reconstructed restaurant and bulkhead. Page 4 of 5 - January 8, 2009 ZBA #6150 - Southold Properties LLC, Principi Properties CTM 56-7-2 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There are other compatible Marine uses in the area with similar nonconforming setbacks from their buildings and structures. The restaurant and boat basin have existed in this location for many years without creating adverse impacts. The proposed decks have no foundation and will be built on 12" SOhO-tubes at 4 feet below grade to avoid land disturbance close to the bulkhead. 6. Town Law §267-b. Grant of the relief as applied for on the proposed westerly deck, the partially framed easterly deck and the as built westerly extension are the minimum actions necessary and adequato to enable the applicant to enjoy the benefit of a functional restaurant with outdoor dining, while preserving and protecting the character of the neighborhood and the health) safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 26%B, motion was offered by Member Weisman, seconded by Chairman Goehzinger, and duly carried, to : GRANT the variances as applied for as shown on the drawing-by Mark SchWartz, AIA Architect, labeled 1st Floor Plan, Sheet Number A-4 dated May 2, 2008 and as amended on the 9/30/2008 as-built topography map prepared by Martin D. Hand, L.S. and the attached detail showing the proposed westerly deck, stamped received by the Board of Appeals December 2, 2008, subject to the following Conditions: 1. Both the easterly and westerly decks shall remain unheated and open to the sky, and 2. A line of evergreen trees at least five feet (5') high and three feet (3) apart - on center - shall be planted and continuously maintained to provide privacy screening along the westerly property line for approximately 28 linear feet extending from the bulkhead to the north end of the westerly deck. That the ab~)ve conditions be written into the BUilding Inspector's Certificate of Occupancy, When issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action Page $ 6£5 - J~huary 8, 2009 ZBA #61§0 - S(~uthold Properties LLC, P~ncipJ Proper~e~ ~M 56-7-2 does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Ohva, Dinizlo, Simon and Weisman. This Resolution was duly adopted (5-0). FORM NO. 4 TOWN OF £OUTHOLD BUILDING DEPARTMENT OCfice ote ~he 8nildi~vg {~tsp~:tor Town HaH S~tt~d, N.Y. Certificate O[ Occupnnc¥ tH I$ CERTIFHSS that -tt~;. buitding. ................................................ · Cou~y T~x Map No. [O~'Se~]on . .O 55 ....... Block ...O 7 .......... ~t ...Q 0 ~ ........... Subd~fision ..... X ........................ ;FUed M~p No...~ ..... Lot No.. ~ .... ..... %. conforms substantially to'the Application f~ Building Permit heretofore filed in t~s. of~e ...... X ............... ] 9 ... pursuant to which Building ~r~ No... ~ee pelo~ ., ~.,. - dated ....... X ........... 19,... was i~u~..~.confo~s ~ aB. of. the r~ui~nts of the appliC~e ~vis~ns of the law. The occupancy for .wlfieh ~is ~Wmate is~. is ., ~ ...... r~;~ur~q~ F~ ~i/ions & alterations as listed ~ecer/lficate~s ~t~dto . 2, ~loan Realty Co~oorat~on. Inc. O[ ~he aforesaM budding. '. Suffoi~CountyDepartm~tof}[ealthApprov~. ~ ~DE$..~$8R~%. No.. ,NY 0~3052] DERWRff~RSC~RTIFICATENO Permit No.02549, ~10~ 10745 Z, 6/23/80 10717 'Z,- 6/10/'80 ~Fermit To 1181 bo construct coof.over.exis, ging deck to construct laundry room addibion to.existing restaurant to make alteratie~P to kitcheR .&-~estauran. t facilities . / , ':' Operate A Service Food Establishment FO~4 N~. 4 TOWN OF SOUT~OLD ~uI~DING Office of the Building Inspector To~nn SouthoI~, K~ Y. NO ~.23718 D&te June 21, 1995 T~IS C~TI_~T~ that the building Location of Property ~.~nn mT~--,~n House ~. County Tax Map No. 10~ ~t~n 56 ~ck 7 S~division Fil~ ~p No. Street H~m7 et Lot 2 Lot Nc. confO~ subm~&~ti&ll~ to the Ap~licatio~ for Building P~rmit b~retofor~ filed in this office dated ~ 19~ 1995 pursuant to which Building Permit No. 22~5--Z d~ted J~K' 2t, 1995 was ~ssued, and co~form~ to all of the requireme~c~ o~ the. applicable provisions of the law. The occupancy for which =his certifi=ateis issue~ is ~,l,v..~i=l~_Ai,~u~_..~,.~ITH. pI-n~n~wc- IN ~ YArD OF The certificate is issued to t~ J. S~~ra~A~ of ~he aforesaid ~uild/~g, SUFFOLK COUNTY DEPARTMENT 0~ HEALTH A~Ku'~AL UNDERW~ITEI~ CERTIFICATE NO. ~LU~4BERS CP~TtFICATION DATED Rev. 1/Sl TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH O. NE SET OF APPROVED PLANS AND SPECIFICATiON,C;, UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36485 Permission is hereby granted to: 64300 MAIN RD. SOUTHOLD, LLC CIO SILVERSTONE PROPERTY GROUP Date: 611712011 825 THIRD AVENUE FL. 37TH NEW YORK, NY 10022 To' CONSTRUCTION OF A NEW RESTAURANT BUILDING WITH ATTIC STORAGE ONLY PER DEC, TRUSTEES, SCHD WI FLOOD PERMIT/COMPLIANCE AE(8) - REPLACES PERMIT #32599 At premises located at: 64300 MAIN RD GREENPORT, N.Y. 11944 SCTM # 473889 Sec/Block/Lot # 56.-7-2 Pursuant to application dated To expire on 1211612012. 6117120tl and approved by the Building Inspector. TOWN OF SOUTHOLD PROPERTY RECORD CARD ~ ..~ !' OWN~ s'r~E~' ~, ~ ~ 0 V~u. AG~ ~IST. SU.. LOT R O~ER , . N E ACR. S W ~PE O~BUILDING R~. S~. VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS ~ ]~/~l ~/~ ~O~L ,. Tillabl~ FRONTAGE ON WATER ~2 ¢ W~land FRONTAGE ON ROAD ] F0 / ~ ¢¢. ~ M~d~d DEPTH ~ v ~ 00 Extension Extension Extension Foundation Basement J ~'~... I' Fire Place Bath :Interior Finish H~at 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM' For UNLISTED ACTIONS Only PART-I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) ! 1. APPLICANT/SPONSOR ~2. PROJECT NAME 3. PROJECT LOCATION: Munldpality ,~-~-~-~-~-~-~-~-~ } ~ ~ ~ County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provfl:le map) 5. PROPOSED ACTION IS: [] Ex n o. r'~Mod~ca~t/e~ereflon 7. AMOUNT OF LAND AFFECTED: Initially , ,~; acres Ultimately f ~ acres 8. WILL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? DYes UNo 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commerda, [] AgdcuJture [] Park/Forest/Open Space J~ Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL}? [] Yes --~X~ NO If Yes, list agency(s) name and pelmit/approvals: 11. GOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and pen'nWapprovals: 12. AS A RESULT OF PEOPOSED ACTION ~LL EXI~I~ PER~ITIAPPROVAL EEQUIEE ~DIFI~TION? ~Yes UNo I CERTI~AT ~E~N~R~N PROVIDED ABO~ IS ~UE TO ~E BE~ ~ ~ KNO~E~E I IIf the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~enc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD rN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL FAF. r-lYes r-]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [:::]Yes r-lNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwriifan, if legible) C1. Existing ak' quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Expta~ briefly: C2. Aesthetic, agricultural, archaeolegical, historic, or other natural or cultural resourcos; or community or neighborhood character? Explain bndfly: C3. Vegetation or fauna, §sh, sh allfsh or wiJdlife species, s~gniflcant habitats, or threatened or endangered species? Explain briefly: Ct. A community's existing plans or goats as o~lly adopted, or a change in use or intensity of use o~ land or cthor natural rasources? Explain bdefly: C5. Growth, subsequent development, or related activities lit[sty to be induced by the proposed adlon? Explain bdel~y: C6. Long term, short form, cumulative, or other effects not idantJlted in C1-C57 Explain tstefly: C7. Other impacts (including changes in use of either quanUty or type of energy)? Explain bpefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain brief]y;. E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Y~s, explain bde~. PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othenvise significant. Each effect should be assessed in conoecgon with its la) setting (i.e. urban or rural); lb) probability of occurring; lc) duration; (d) irreversibi~ity; (e) geographic scope; and (f) magnitude, ff necessa~7, add attachments or reference supporting ntaterials. Ensure that explanations contain sufficient detail to show that all relevant advame impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of s~nificance must evaluate the potentialimpact of the proposed action on the environmental characteristics of the CEA [] ~C.h~C~_ _th~ box if y~u hove !?n ',rated. on~., or mom potentiallylarge or significant adverse impacts which MAy occur. Then proceed directly to the FUU [] ChecJ; this box if you have determined, baasd on the Jnforma/ten and armlysis above and any support ng docomentabon, that the propooed aclJan WILl NOT rescll in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting this determination Name of Lead Agency Pr~lt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Oificsr In Lead Agency Date Title of Resp~sible Officer Signature of Preparer (If difforent from respons~ole officor) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form mast be completed by the.applicant for any special use permit, site plan approval, use variance, area variance or subdivislon approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be reJbrred to the Suffolk County Department of Planning in accordance wlth Section 259m and 259n of the General Municipal law. I. Nameofnpplicant: ,[~ll[ f~,( ~]q~]~C~3 2, AddressofApphcant: ~,~, ~26,:Co~-~-¼c~,oce.., N~X. [lq~-~~'-~ ........ 3. Name of Land Owner (if other than Applicant)', 4. Addr~s o£Land Owner: 5. Description of Proposed, 6. Location of Property: (road and Tax map number) ~ ~t'~r') ~ [~c'~C~. ~-~'~; ~¥-<~:~v~ [~'~r~' , IC)E~) - ~. - 7 - Z . _ 7. Is the parcel within 500 feet of a farm operation? { } ~es ~1~o 8. Is this parcel actively farmed? { } Yes J~ No 9. Name and addresses of any owner(s) of land within the agricultural district containing active lhrm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the 'gown Assessor's Office (765-1937) or fi'om the Real Property Tax Office located in Riverhead NAME and ADDRESS (Please use the back of this page if there are additional property owners) - b ta 1. The local Board will solicit comment~ from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the over~ll review of this application. 3. Copies of the completed Agricultural Data Statement shall bc sent by applicant to thc property owners identified above. The cost lbr mailing shall be paid by thc Applicant at thc time thc application is submitted for review. KEY PUAP SC~E~ 1' -- 600' ELL?2 OJDENDTES P' UIA, CAST IRON COVER V/RIM D.EVATII}I EL,lPg' 1880 3000 OFFSETS TH P~DSEU DECK ARE SI{]VD THUSLY ( > 8,6' SETR~KS Ir1 []S~O BU~O UR DUEDI{[AR ~ ARE SH~N TH~LY, SIGN LEGEND SIM l - DECERINAL ARRUV PI~rF~IO LEI FACE VEST T{3W~D EASTH~ND TRAFFIC SI~N U - RI3 STHPPIN6 ANY fie WITH B[-UINECIm~L ARR~ SIGN H - DIRECTIOM~L ARRi3V POINTINS UHCT FACE DST 313WARD ~STRROMD TRAFFIC SIGN 4 - CURVE mF~ ARR{]V ~lE: UREUGE BOUT BASIN TO APPRRX EL,-7,3 (6 VATER DEPTH AT U3V ll~D APPRUX, 8~00 CU,YU,'S SITEPLANOF DESCRIBED PRF1PERTY IUV8 UF S~TH[]ER ~ERER COUNTY, HEY YI]RK S,C,T.M, 1118T, IUO0 8[C, 56 BL~ OT LOT O0 SRAE, 1' = 8F HO UU 60 75 90 \ \ \ \ \ \ \ > (STA~ F /CLb w^, 105 lO0 !25 UATD ~ECOMH~ 3, 2004 / ;",, \i AT lI~O AR ~ ~oRIL 26, RO~06 , L~~ TI~ UF ~ 86, ~8~: +/- EL,: ERU ER ~38 AR HIGH 1-LUE ~ APRIL RG. UCOG: +/- ~ 66' +/- I0=80 AH REFERENCED TH NAVU ]988 \ \ ",,,, .;x ,,, .......... : ........... ~ ..-~ ~ - ~ .... ', ~,~C ~' PROPERTY Is ERT R~Y LDCA~ ~ FDDD AS DEPICT~ ON ERE FLM,A, F~ ~DRANCE RATE MAPS PAN~ ~ 36]03~89 H - ~CTIVE S~T~BER EERVA~NS SHOWN H~N ~ R~ENC~ TH NAVD DATUM A~ AR= ~E RBULT F ACTUAL HOD EAROM~ENL AS ~FER~CED TD ~ T~E ~N DF ~RIL ~G, ~006 D~IVED ~OM AC~AL HBTOM DF B~S~ [LEVA~HS IA~N LI{A~, DF FaDERATE VAVE fRDqED T5 ~L EREEK PARTNERS, LLC FIRST AMERICAN TITLE INSU~NCE COMPANY DF N~ TIFILcB T[], MILT_ CRFE]< PARTNERS, LLC BR[3ADVAT ARUTRACT MARISDN RRALTY CAPITAL ~P, RIRST AMERICAN T ~ INSURANCE COMPANY ER N~ YRRR J[1B ~, ROOU-A88 N~R UU, FLED' RD/lSD]NS, UE~E RI1 050363 IHANDS ON SURVEYING 86 SILVER B~K DRIVE ~NBERS, N~ ~K 11901 10_: (631>-369-D3E - F~X,~631)~369-8313 MARTIN D, HAND LS MAIN \ MATCH LINE SEE SHEET ~ATCH UNE SEE SItEET SP .® ~at~.AV~L zoN= X PARKING TOTAL 53 SOUTHOLD BAY SITI: pi AN SCALIE: 1" = 40'-0" SITE DATA SCTM # PROPERTY: ADDRESS OWNER: SITE: LAND UNDER WATER: ZONING: SURVEYOR: 1000-56-07-02 64300 Route 25 Greenport, NY 11944 MILL CREEK PARTNERS, LLC 142,441 SQ.FT. = 3.27 ACRES 57,885 SQ FT M-II Hands on Surveying 26 Silver Brook Drive Flanders, New York 11901 LICENSE #050363 DATED 6/22/11 LOCATION MAP SOUTHOLD BAY DRAWN BY: UT CHECKED BY: NS DATE: MAY 3, 2012 SCALE: 1" = 40'-0" SHEET TITLE: SITE PLAN SHEET NO: SP1 EXISTIN~ I'4A~INA BASIN NER LOIAI ~II.L. ) DJLl(Hl=~ ~ POCl(~ Zl I RA II~r DN TO Pool( I I I ID. ILl(HEAD ABOV~ L-I FLOOD ZONE ~(B) ZONE LINE I II II FLOOP ZONE ~112t~ YA~- ~EI'BAC, I( i PARTIAL ENLARGED SITE PLAN SCALE: 114" [] 1' -0" NOTICE OF DISAPPROVAL BY: NS ,ATE: MAY 3, 2012 ~CALE: 114" = 1' - 0" ;HEET TITLE: PARTIAL SITE PLAN SHEET NO: 1 PO,OF..I"4ASTE~'5 OF~FIC.,,E N EAS TION ~ _ SCA.E,,,"-,'~" SECOND FLOOR PLAN SCALE: 1/4" [] 1' -0" H.C,. H.¢.. TOILET H.C,.. TOILET VI~f4DIN~ NORTH ELEVATION SCALE: 1/4" [] 1' -0" WEST ELEVATION SCALE: 1/4" = t' 4" FIRST FLOOR PLAN SCALE: 114" = 1" -0" NOTICE OF DISAPPROVAL )RAWN BY: NS )ATE: MAY 3, 2012 SCALE: 1/4" = 1' - 0" SHEET TITLE: PLANS & ELEVATION,~ SHEET NO: stz~nclclrds) N¢~ L~n (~s per ----- -- -' MAIN ROAD (STATE ROUTE 25) ~o,~o~o~). _ , NE~ ~ -- ~ . -- ~ LA~N - 98.42' ' Driveway ] NEPt ~.Al'df= UP E~X ~M~ UP P~vfng EXISTING FRAME BUILE)IN® (P-,ESTAUP-.ANT) Oecklnc .4' Pecking ~.AMP UP NEPI ~=LOATIN® OOOK P. ANIP UP I ]BOAT BASIN REVISIONS: LLI m pR, 9EbT~ i6: 1110 D~WN BY: UT CHECKED BY: DATE: MAY21, 2012 ENLARGED SITE PLAN LOA~IN~ KIT~Ht~N 0 0 0 °oo6~)o HAl-I- MAIN LOBt~'C I%&ITIN~ D---GO htAIN I'4AIN IDININ~ C) C} C.J CD (.7 O CD 0 I"IA~INA O FIRST FLOOR PLAN SCALE: 118" = 1' -0" la al c) c) oJ LU CHECKED BY: NS DATE: MAY 21, 2012 SCALE: 1/8"=1'-0" SHEET TITLE: FIRST FLOOR PLAN SHEET NO: 4 II I II II I II II L44 EAST ELEVATION SCALE: 1/8" = 1' ~)" PROPOSED EXTERIOR RENOVATIONS 1. REMOVE EXIST. DECK 2. NEW COVERED ENTRY 3. NEW ENTRY DOORS AND SIDELITES 4. NEW METAL RAILING AT DECKS 5. NEW~NINDOW ABOVE ENTRY 6. REMOVE EXIST. SIDE DOOR 7. NEW STONE WALL AT ENTRY II II WEST ELEVATION SCALE: 1/8" = 1' ~)" pROPOSED EXTERIOR RENOVATIONS 1. NEW DECK 2. NEW METAL RAILING AT DECKS 3. NEW WINDOWS AT SECOND FLOOR SOUTH ELEVATION SCALE: tl8" = 1' -0" PROPOSED EXTERIOR RENOVATIONS I. NEW FRENCH DOORS AT ROOF DECK 2. NEW METAL RAILING AT DECKS 3. NEW WINDOW AT MAIN GABLE The Mill Creek Inn ~1 NORTH ELEVATION SCALE: 1/8" = 1' -0" PROPOSED EXTERIOR RENOVATIONS 1. REMOVE EXIST. BRICK AT tRAMP WALLS & ENTRY 2. NEW STONE VENEER AT E~(IST. & NEW RAMP WALLS 3. NEW ENTRY - SEE EAST ELEVATION LU DRAWN BY: NS CHECKED BY: NS DATE: MAY 21, 2012 SCALE: t/8"=t'-0" SHEET TITLE: BUILDING ELEVATIONS SHEET NO: 5