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HomeMy WebLinkAbout6616 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 1 I971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 7, 2013 Southold Town C'lerk ZBA FILE: 6616 NAME OF APPLICANT: New Suffolk Waterfront Fund, Inc. and Robins Island Holdings, LLC. SCTM #'s-1000-117-08-18 & 19 PROPERTY LOCATION: 650 & 380 First Street, (adj. to Cutchogue Harbor) New Suffolk, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 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 December 13, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 3, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from LWRP review pursuant to: §268-3 Definitions. Minor Actions item "HH" which states: Lot line changes, provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands, tidal waters or natural protective features. PROPERTY FACTS/DESCRIPTION: This application concerns two adjoining parcels in the MI1 District, Tax Lots 18 and 19. Tax Lot 19 is owned by Robins Island Holdings, Inc. and presently houses the ferry terminal and associated buildings that provide transport to and from Robins Island. It contains 20,119 sq. ft. and has 91.50 feet on First Street, 180.37 along the southern property line, 127.24 feet on Cutchogue Harbor and approximately 203.00 feet along the northern property line. Tax Lot 18 previously had two Permitted Uses operating concurrently, a Restaurant Use and a Marina Use. The applicant has represented that the parcel has a lot area of 149,325 SF of which 142,277 SF is upland/buildable land. The parcel fronts First Street for 533.24 feet at its western boundary and is partially bisected by Main Street. Main Street is an improved ROW approximately 50 feet wide by 194 feet long and is perpendicular to and intersects First Street. It has 821.17 feet along Cutchogue Harbor and 134.00 feet on the northern property line. The parcel is improved with a Barn/Storage building, a l-Story Marina Accessory Building, a building used previously (and as recently as 2007) as a 95-seat Restaurant (now in disrepair), a Boat Basin, and a historical monument Page 2 of 4 - February 7~ 2013 ZBA File#6616 - NSWF Fund, Inc denoting the pamel as the location of the nation's First Submarine Base. The subject parcel also has a beach area. All as shown on the Survey/Site Plan entitled "New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on 10/24/2012 "NSWF, I nc Comments" prepared by Barrett, Bonacci & Van Weele, PC, stamped by Martin A. Read, L.S. BASIS OF APPLICATION: Request for Variances from Art. XIII Code Section 280-56 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for a permit for a minor subdivision at; 1) lot size less than the code required 80,000 sq. ft. per Bulk schedule in Mil District, 2) lot size less than the code required 160,000 sq. fl. for the proposed second use, located at: 650 and 380 First Street (corner Jackson Street, Main Street) (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18&19 RELIEF REQUESTED: The applicant proposes a minor subdivision and two permitted uses on a Lot with insufficient Buildable Land, which requires the following requested variances: 1'} A lot line change to increase the pre-existing nonconforming lot size (20,119 SF) of Tax Lot 19 (proposed Parcel 2) by conveyance of 48,689 SF of lot area from Tax Lot 18 (proposed Parcel 1) resulting in a nonconforming lot size of 68,808 SF for proposed Parcel 2, where the Code requires a lot size of 80,000 SF and 2) A lot area variance to allow two permitted uses on a lot size of 100,636 SF having Buildable Land of 93,588 SF for proposed Parcel 1, where the Code requires 160,000 SF of Buildable Land for two permitted uses (80,000 SF per permitted use). All as shown on the Survey/Site Plan entitled "New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on 10/24/2012 "NSWF, lnc Comments" prepared by Barrett, Bonacci & Van Weele, PC, stamped by Martin A. Read, L.S. ADDITIONAL INFORMATION: A memorandum from the Southold Town Planning Board, dated December 18, 2012, indicated support for granting of the variances because the applicant proposes "to minimize the development potential of the property, protect public access to the water, and preserve the water view-shed through conservation easements, which are goals that are consistent with the Town's Comprehensive Plan." The applicant stated at the public hearing that the New Suffolk Waterfront Fund cannot financially manage to carry the costs of loans incurred to pumhase the property (Tax Lot 18) and, in order to proceed with their proposed plans, must sell a portion of the existing parcel to the adjacent property owner, Robin's Island Holdings, Inc. Additionally, the applicant stated that, to create an income stream that is sufficient to retain ownership of and maintain the premises, they must be able to operate the two permitted uses that have historically existed on the site (marina and restaurant). There were some concerns expressed at the public hearing by nearby property owners, with respect to the problems that could be caused by the increased parking, drainage and septic system requirements for the two permitted uses proposed on proposed Pamel 1. There was also considerable community support for the proposed project and the variance relief applied for at the public hearing. The Board also received letters and email in support of the requested variances. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 3, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law ,~267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcel is adjacent to Cutchogue Harbor and lies within the small New Suffolk hamlet center along First Street, near the New Suffolk public beach and parking area, and adjacent to the property that houses a ferry terminal and associated buildings that transport to and from Robins Island in Cutchogue Harbor. The surrounding neighborhood consists of residential properties. Historically the subject parcel had been intensely used as a submarine base and then a very active boat yard which stored large boats, primarily on the southern portion of Page 3 of 4 - February 7, 2013 ZBA File#6616 NSWF Fund, Inc. the property. In more recent years the property was used for the operation of a marina and a 95 seat restaurant called the Galley Ho, which ceased its operation in 2007. Granting the requested lot line change will not change the overall appearance of proposed parcels 1 and 2 because their scenic vistas of the waterfront will be maintained by the creation of a proposed New York State Office of Parks, Recreation and Historic Preservation Easement Area on proposed Parcel I and a proposed Nature Preserve Area on proposed Parcel 2. Granting a lot area variance to permit the continuation of the two uses that have historically existed on the property will not change the character of the neighborhood because the two uses have co-existed harmoniously within the community over the years and the applicant has stated that the proposed restaurant use will be smaller in scale and less intensely used than it was in the past and that parking for both uses will be accommodated on site. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant for a lot line change cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The applicant seeks to sell a portion of the existing parcel to the adjacent property owner, Robin's lsland Holdings, Inc., which requires the proposed lot line change/minor subdivision. In so doing, the Robin's Island property (proposed parcel 2 (Tax Lot 19) will be substantially increased in size (from 20,199 sq. ft. to 68,808 sq. ft.) but will continue to be less than the code required 80,000 sq. ft. and will therefore require a variance. The benefit sought by the applicant to operate two permitted uses on proposed Parcel 1 (Tax Lot 18) cannot be achieved by some method feasible for the applicant to pursue, other than an area variance because the existing parcel will be reduced in size to a non-conforming 100,636 sq. fi. where the code requires 160,000 sq. ft. (80,000 sq. ft. per use) for the two permitted uses on the subject property, therefore requiring variance relief for insufficient lot size. 3. Town Law §267-b{3)(b)(3). The variance granted herein for proposed Parcel 2 having a resultant Lot Size of 68,808 square feet is mathematically substantial, representing 14% relief from the code required 80,000 square feet. However, the substantiality is mitigated when considering the proposed lot size will be an increase of more than three times the pre-existing lot size, bringing the proposed lot size of Parcel 2 (Tax Lot 19) into more conformance with the Code. The variance granted herein for two permitted uses on proposed Parcel 1 having a resultant lot size of 100,636 SF of which 93,588 SF is Buildable Land is mathematically substantial, representing 83% relief from the code required 160,000 square feet for two permitted uses. However, the applicant states that the proposed two uses will be smaller in scale in relation to the same two uses that have historically existed on the site. 4. 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. While concerns were expressed at the public hearing about problems with drainage, flooding, parking and septic on and around the proposed parcels, in order to proceed with the proposed project the applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and obtain site plan approval from the Planning Board and the Suffolk County Department of Health Services, all of which will address and mitigate possible adverse impacts. Additionally, the applicant seeks to provide the community with the benefit of open space and the preservation of scenic vistas and access to the waterfront, and minimize development by maintaining the two historic uses on the subject parcel (restaurant and marina) that are much less intense than many of the other uses that are permitted in the Mil zone wherein the property is situate. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a minor subdivision and two permitted uses on proposed Parcel 1, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4 of 4 - February 7, 2013 ZBA File#6616 NSWF Fund, Inc CTM: 1000-117-8-18&19 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 (Chairperson), seconded by Member Dinizio, and duly carried, to GRANT~ the variance for the lot line change as applied for, and shown on the Survey/Site Plan entitled "New Suffolk Waterfront Lot Change", Sheet No. 1 of 1, dated July 5, 2012, last revised on I0/24/2012 "NSWF, Inc Comments" prepared by Barrett, Bonacci & Van Weele, PC, stamped by Martin A. Read, L.S. GRANT., the variance for the two uses (restaurant and marina) on proposed parcel 1 as applied for, and shown on the Survey/Site Plan entitled "New Suffolk Waterfront Lot Change", Sheet No. I of 1, dated July 5, 2012, last revised on 10/24/2012 "NSWF, Inc Comments" prepared by Barrett, Bonacci & Van Weele, PC, stamped by Martin A. Read, L.S. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The relief granted herein for two uses on parcel 1 is subject to final site plan approval by the Southold Town Planning Board and the Suffolk County Department of Health Services That the above conditions be written into the BuiMing Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes. Members, Weisman (Chairperson,) Horning, Dinizio, Schneider (Member Goehringer was absent) Leslie Kanes Weisman, Chairperson Approved for filing ,2 /// /2013 This Resolution was duly adopted (4-0). ~£CEZVED NOV ! 9 2012 BOARD OFAPPEALS 811~DATA TOTAL NO. OF LOTS TOTAL AREA TOTAL UPLAND AREA SCHOOL DISTRICT FIRE DISTRICT ZONING 2 162,396 SO.F% NEW SUFFOLK CUTCHOGUE MARINE II BO, O00 SQ.F~ 150 FEET 2 STORIES / 55 FEET 55 FEET 25 FEET / 50 FEET TOTAL 25 FEET MINIMUM LOT AREA MINIMUM LOT W/DTH MINIMUM HEIGHT MINIMUM FRONT YARD SETBACK MINIMUM SIDE YARD SETBACK MINIMUM REAR YARD SETBACK, PROPOSAL TRANSFER 48,889 s.~ OR 1.118 ACRES FROM TAX LOT 18 (NEW PARCEL 19 (NEW PARCEL 2) TOTal. LOT AREA P~ I & 2 = 1~/[44 EXlSWNO LO~ T~ LOT ~ T~ LOT ~ LOT AREA 1~9,325 SQ. ~. OR 3,428 ACRES 20,119 SQ. ~. OR 0.462 ACRES UP~ND AREA 142,277 SQ. F% OR 5,256 ACRES 20,119 SQ, F% OR 0.462 PROPOSED LO~ P~ 1 P~ ~ NEW LOT AREA 100,636 SQ. FT. OR 2.310 ACRES 68, B08 SQ. ~. OR 1.580 ACRES UPLAND AREA 9~,SBB SQ. FT. OR 2.1~ ACRES 68,~08 SQ. FT. OR 1.5B0 ACRES BEACH AREA 4,229 SQ. FT. OR 0.097 ACRES 5,857 SQ. FT, OR 0.155 ACRES BUILDAB~ AREA ~59 SQ. FT. OR 2.051 ACRES 62,951 SQ. FT, OR 1.~ ACRES TAX LOT 22 LAND NOW OR FORMERLY OF TOWN OF 'BOAT BASIN" 57.66' UNE OF NEW YORK STATE LAND GRANT FILED OCTOBER 9, 1501 UBER 610' pAGE .575 WIMJAM T gRYAN, L.8. DATED MA~ ~'~, 2000) 00' ' 17' 10/24/12 CW NSWF, I NC, COMMENTS 9/11 / 12 CW DIVISION UNE By Civil Engineers Surveyors Planners Barrett Bonacci & Van Weele, PC 175A Commerce Drive Hauppauge, NY 11788 T 631.435.11 ~[ 1 F 631.435.1022 www.bbvpc.com ~ION117 BLOCK 8 LOTS 18 & 19 JULY 5, 2012 NEW SUFFOLK TOWN OF SOUll'IOLD SUFFOLK COUNI'Y, N'~ NEW SUFFOLK WATERFRONT LOT CHANGE PREPARED FOR: NEW SUFFOLK WATERFRONT FUND, INC. 650 FIRST STREET, P.O. BOX 146 NEW SUFFOLK, NY 11956 © 2012 BBV I oi DONALD J. W/LCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES II. RICII III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, 1XrY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED BOARD OF APPEALS To; From: Date: Re: Leslie K. Weisman, Chair, Zoning Board of Appeals Members of the Zoning Board of Appeals Donald J. Wilcenski, Chair Members of the Planning Board December 18, 2012 New Suffolk Waterfront Fund, Inc., SCTM#1000-117-8-18 & 19 The Planning Board is in receipt of your request for comments regarding the applicant's proposed area variances on the above-referenced property. While the Planning Board does not generally support creating non-conforming lots of less than the minimum lot size requirement, we understand that this plan minimizes development potential of the subject property, protects public access to the water, and will preserve the water view-shed. Future development will be limited, and the view-shed to the water will be preserved through the conservation easements placed over key areas of the properties. Also preserved is public access to the water, as well as aspects of a working waterfront. These goals are consistent with the Town's Comprehensive Plan, and give the Planning Board reason to support granting of the variances. If you have any questions, or need additional information, please contact the Planning Department. '~j~.F~m 63,-?6m.o2~so28 SOUTHOLD TOWN FIRE INSPECTOR robelt.fisher{~town.southold.ny.us Page ~~ NOTES ~~ ESTABLISHMENT/~. DATE COMMENT ~ ~:~ )ARD OF AP PEALS /2- OFFICE LOCATION: Town Hail 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 ~ECEIVED MEMORANDUM 8OARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: January 3, 2013 Re Coastal Consistency Review for ZBA File Ref NEW SUFFOLK WATERFRONT FUND, INC. and ROBIN'S ISLAND HOLDINGS, LLC- #6616- SCTM#1000-117-8-18&19 NEW SUFFOLK WATERFRONT FUND, INC. and ROBIN'S ISLAND HOLDINGS, LLC -#6616 - Request for Variances from Art. Xlll Code Section 280-56 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for a permit for a minor subdivision at; 1 ) lot size less than the code required 80,000 sq. ft. per Bulk schedule in Mil District, 2) lot size less than the code required 160,000 sq. ft. for the proposed second use, located at: 650 and 380 First Street (corner Jackson Street, Main Street) (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18&19 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 action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS items "HH" which states: HH. Lot line changes, provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands, tidal waters or natural protective features; Cc: Jennifer Andaloro, Assistant Town Attorney Joanne Minieri Deputy COUNTY OF SUFFOLK BO~o OF/XppEg, L$ Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning County Executive and Commissioner Division of Planning and Environment December 13, 2012 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Jachimowicz, Mariusz New Suffolk Waterfront Fund, Inc. 6612 6616 & 6617 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (63t) 853-519t RECEIVED TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. BOARD OF APPEARS NOTICE OF DISAPPROVAL DATE: September 18, 2012 Gail Wickham for New Suffolk Waterfront Fund, Inc. P O Box 1424 Mattituck, NY 11952 Please take notice that your application dated September 12, 2012 For permit for a minor subdivision at Location of property 650 & 380 First St., New Suffolk, NY County Tax Map No. 1000 - Section _117 Block 8 Lot 18 & 19 Is returned herewith and disapproved on the following grounds: The proposed subdivision is not permitted pursuant to Article XIII Section 280-56, which states: "...no building or premises shall be used and no building or part thereof shall be erected or altered in the MII District unless the same conforms to the Bulk Schedule and Parking & Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Minimum lot size required in the Mil District, according to the bulk schedule is 80,000sq.ft. The proposed lot line change would create a lot #2 measuring 68,808sq. ft.(62,951 buildable area). In addition, Planning Board approval is required. Also, with respect to Parcel #1, the proposed caf6 use will constitute a second use on the property and therefore require an area vadance for property containing less than 4 acres, as well as Special Exception from the ZBA. Note: Since the buildings on Parcel #1 are located in the VE Zone, FEMA compliance will be required for either building should the improvement exceed more than half of the "as is building". ~ Authorized Signature RECEIVED . ~ i,i [ / ' ' ~C,~RtOFAPPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEAI,,q ~3'-D ~'~r:$~~-- ,.~"'/- AREA VAm~CE HouseNo.~ Street ~ Hamlet SCTMmOOSeeao. //~moe~ ¢ ~ot(s)/¢¢/~ notS~ I ~) ~P~ T~ ~ITTEN DETESTATION OF THE BUILDING INSPECTaR DATED~ BASED ON SURlY/SITE PLAN DATE~ :~/]l/~l~ npplicant(s)/Owner(s): / ~ : ~ ~o ~ ~ ~ ~~ NO~: In ad~fion to the above~ please complete belonv if application is signed by applicant's a~orney, agent, arc~tect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: ~0 a~ / ~. [~/~,~ ~ for (~wner ( )Other: / Address: ~ ~o~ /~% /~/~ ~ ~, g~.~ Telephone: ~. ~ 3ff~Fax: ~g- ~&.5~ Em~l~ Please check to speci~, who you n.lsh correspondence to be ntailed to, front the above nantes: ( ) Applicant/Owner(s), (v)/Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DARED q]ll [,ROtT~ and DENIED AN APPLICATION DATED ( ) 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. (lndicateArticle, Section, Subsection of Zoning O~linance by numbers. Do not quote the code.) ~ . Article: K Section: ~0 S'-(~ nc~5~-- Subsection: Type of Apl)emi. An Appeal is made for: (~)'A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal (~fhas, ( ) has not been made at any time with respect to this property ..... UNDER ~Ao peal No(s). _,,ff_.(~/~ Year(s)./~f~:~ ~ ~} .(Pleasebesttreto~l~~} r~earch bqlore complethtg this' qu~tion or call our q~ce for ~ssistance) ~ ~ Name of Owner: New Suffolk Waterfront Fund, Inc./Robins Island Holdings, LLC REASONS FOR APPEAL (additional sheets may be used with preparer's signature) (l) An undesirable change will not be produced in the CHARACTER of thc neighborhood or a detriment to nearby properties if granted, because: RECEIVED NOV I 9 BOARD OF APPEALs RIH Lot size (Parcel 2, insufficient resulting area of larger lot): the RIH lot size will increase three fold, and will be significantly closer to the minimum of 80,000 square feet than it is currently.. The overall appearance of the properties and the scenic vistas of the waterfront will be maintained and enhanced. The one acre being conveyed to RIH will be largely preserved in a natural state, with only a small unimproved parking area and boat shed. NSWF Lot size Parcel 1, insufficient area for marina and restaurant uses): While the conveyance will reduce the acreage of the NSWF site, rendering fewer primary uses available to the property under the Code, the actual usage of the site will be vastly less in terms of marine industrial and business potential otherwise available in the MII Zone. The only request is that the historic uses of the site, marina and restaurant, continue. In its heyday, the portion of the property which will become Parcel I was the primary portion of the 3.4 acre parcel used for the marina/restaurant/store/post office; the south part of the property now being conveyed to RIH was used mostly for large boat storage, which will no longer occur. The restaurant/caf~ will be considerably smaller than previously existed. Therefore, the proposed usage is no more intense, and in fact significantly less so, than in previous decades. Further, with only 24 boat slips, the marina use is much smaller than an 80,000 square foot area would normally require. A 24 slip marina is not large enough to generate sufficient income to maintain the site. That is one reason the site saw applications throughout the years for condominiums, expanded marina usage, and large scale boat racks. There will be ample areas for parking and sanitary systems, and the overall appearance of the site will be greatly improved. This will all be addressed in detail in the construction and site plan phase of the project. (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: RIH Lot size: the transfer is an essential part of NSWF's financial goals and will allow it to move forward on improving its parcel for broad community use while preserving the waterfront scenic area South of First Street. RIH, as an adjoining owner, has provided a means by which NSWF's goal to preserve the vistas from the south side of First Street can be combined with a conveyance which provide a purchase price to NSWF while not increasing the density of the area; two lots now exist and two lots will remain. NSWF Lot size: The conveyance of the southerly parcel to RIH will provide essential funds for pursuit of the NSWF project on the remaining property. (3) The amount of relief requested is not substantial because: RIH Lot size: a very small lot will be increased by more than three times its size. RECEIVED NSWF Lot size: The proposed two uses are small scale in proportion to the require~OARD OFAPPEAL$ fi0,000 square foot minimum per use, and in relation to the historical uses on the (9~ property. Further, the two uses are compatible, and the restaurant use will be an nature / ~ accessory to the marina, and vice versa. The NSWF views the cafd as accessory to the primary marina use. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: RIH Lot size. the conveyance increases a very small parcel dramatically wile preserving much of the natural vistas of the area. NSWF Lot size: It will continue, on a smaller scale and in a manner more beneficial to the community, the historical uses on the property. (5) Has the alleged difficulty been self-created? RIH Lot size: No. The Town requires a "variance" to make a small lot bigger. NSWF Lot size: Yes, in part by the reduction of the lot size, but the project has been proposed as a means to meet its preservation and community usage goals. Are there Covenants and Restrictions concerning this land: No. 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. Sw~before me this 5th DONNA McGAHAN Notary pubtic, State of New York No. 01MC4851459 Qualified In Suffolk ~Cy~8,n~0e Commission Expires Aug APPLICANT'S PROJECT DESCRIPTION APPLICANT: 3J~4~.)c~Of t~2V,~ ~z~c~ ~., ~ 1. For Demolition of Existing Building Areas BOARD OF APPEALS DATE PREPARED: )/- ~% 2o/~ Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ,a//,,~- Dimensions of new second floor: Dimansions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor ama being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 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 uf building areas and lot coverage (from Existing square footage of buildings on your property:/ Proposed increase ofbuildingcoverage: Square footage o f your lot: ~i~g;~/y>~aj~/~ d,~_/ Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of buildlng area to bc altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS 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.) ~e thee areas th~ contain sand or weed.asses ? y~ 2.) ~e those are~ shown on the su~ey submitted wi~ this application? ~ 3.) Is the prope~ bulk headed beaten ~e wetlands ~ea ~d the upland building 4.) If your property contai~ wetl~ds or pond de~s, have you c~tacted the Office of the Town trustees for i~ determination ofjurisdiction?~Please confirm stems of your inqui~ or application with the Trustees: ~d if issued, please attach copies ofpemit wi~ conditio~ and approved sumey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? YG- kxoar.~ ao/~-~ E. Are there any patios, concrete barriers, bulld~,.eads ?r fences that exist that are not shown on the survey that you are submitting? AIr~ Please show area of the structures on a diagram if any exist or state none on the above line. ! F. Do you have any construction taking place at this time concerning your premises'? N O If yes, please submit a copy of your buildin,g permil; and,survey as approved, by th~ Building Department and please describe: ~h,~ohc&'h't> v'~ In 'i~o c_~z.~c~ qB :5["O//~. G. Please attach all pre-certificates oToccup~cy and certificates ~f occupa cy the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land ac~ioining or close to this parcel? If yes, please label the proximit~ of your lands on your survey. 1. Please list present use or operatiops.c_on, ducted at this parcel~l*'c.~ I: tYtmr'mo ,c~mo~"~[.-l~,,T~a~-~. ~f~proposed use ~-~ £~nS[t~rfi~k e~" ~, .~..~ · (~xL.exis[in~ .~ingl¢ fainill~, propo~di,sam¢ ~ut'horj/g~ si~natt~re and Dat~ ~ECE~VED 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only BOARD OF APPEALS PART I - PROJECT INFORMATION (To be completed by Aj~plicant or Pro~ect Sponsor) 3. PROJECT LOCATION: PRO,OSEDAOT,ON,S: ' ' [] [] Expansion J ]'Modiflcationlalleralion 7. AMOUNT OF LA AFFECTED: InitL~ ,.~. ~'~) acres Ultimately 3. (~:~/"~ ara-es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No. describe briefly g, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Descri[~e:Residentlal. t ~[] Industdal,~ ~ o [~Commercial [] Agriculture [] Park/Forest/Open Space J~ Other U 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes ~JYJ No If Yes. list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No if Yes. ~ist agency(s) narce and permit/approvals! ,z ~ rS_lA yRe~ULm OF ~Pe~OoSED ACTION WILL EXISTING PERMaT,APPROVAL REDUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOV~ IS TRUE Tq Ti'~ E BEST OFA4Y KNOWLEDGE Apphcant/sponsor name ~, Date // ~- If the ~ction is in the Coastal Area and'you are a state agenc'~y complete the I Coasta Assessment Form before proceeding with th s assessment OVER RECEIVED PART II - IMPACT ASSESSMENT (To be completed by Lead A~ency) BOARD OF APPEALS A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. WiLL ACTION RECEIVE COORDINATED RE[VIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 Jf No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levers, existing traffic pattern, solid waste production or disposal, polerdial for erosion, drainage or flooding problems? Explain briefly: C2. Aes he ia, agricultural, a fchaeologicer, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, sheJlfish or wildlife specJes, signilican[ habitats, or threatened or endangered species? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bpefly: C6. Long term, short term, cumulative, or other effecfe not identified in C1-C57 Explain briefly: C7. O her mpacs ( ndud ng changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~l~ No If Yes. explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, cieten'nine whether it is substaritia[, large, impodant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potentialimpact of the proposed action on the environmental characteristics of the CEA. ] Check this box tf you have identified one or more potentiallylarge or significant adverse impacts which MAY occur. Then proceed directly to the FULl FAF and/or prepare a positive declaration. ] Check this boxifyou have determined, based on theinformation and analysis above and any supporting documentation,that the proposed acflonWlLI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this delerminaflon Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Tffie of Responsible Officer Signature of Preparer (If different from responsible officer) RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALs WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of alarm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. I. NameofApplicant: /[f~t/_)~~"/JJo~J'Ld~L~/)~,~)P/¢~ _ 2. AddressofApplicant: /gE)~_c~)e~ /(-/6 / &~ ~ ~*;,'~,. ~./~,//~5~ 3. Name of Land Owner (if other than Applicant): Aoo/t~: ~ Zo~/~, ~o bt~ 5 ~/a,t~ ~t~5 4. Address of Land Owner: ,t ~ ~ d~ g~ 5. Description of Proposed ~ ~ -- ~o~e~ 6. Location o~Prope~: (road and Tax map _ 7. Is the parcel within 500 &et of a farm operatiC. { } Yes ~No 8. Is this parcel actively f~med? { } Yes ~No 9. Name and addresses of any owner(s) of gan~ within the agricultural district containing active farm operations. Suffolk CounW Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibiliw to obtain the current names and mailing addresses ~om the To~ Assessor's Office (76%1937) or from the Real Prope~ Tax Office located in Riverhead. NAME and ADDRESS 1. Ad /'/~ 2. (Please use the back of this page if there are additional property owners) S']~nayufe of Applicant Date Note; 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their 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 overall review of this application, 3. Copies of thc completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEZVED NOV I BOARD OF APPEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of $outhold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is ¢o 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 NAM~:. (Last name, first name, middle initial, unless company. If so, indicate the other person's or compnny's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance , Variance °c~0J~~ 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 ~-'~) day of ~/~L) , 20/'~- Signature ~ ~ PrintName ~::~/t~t~ c.~__~/~/-7--~_~..~ ~ RECETVED NOV ! BOARD OF APPEALS APPLICANT/OWNeR TR~N$&CTIONAL D~RE FOI~Vl The Towu of ~outheb~s Co6e of EIh~l~ prqb~g~ Cq~ or' Jntm'mt mm the nail ~ M ~ ~ ~ ~e ~ of this f~m is m m'evtde Jnfo~ whk-b eau alert the town of unss~le,e~f~ of interest nmi alkr~ it m take wba~-ver TYPE OF APPLICATION: (Cheek al! thnt apply) Tax grievance variance ~ Chan~e of Zone Other (aet~t~y) Building PeflnR Trustee Permit Cons~] Ernsi~a M4)Ol'Jng Do you p~r~nal~ (or through )~mr comjmny, spome, siblJu$ par~n~ or ~ ha~ a ~ ~ any o~r or e~y~ ~ ~e T~ d~ "~fi~ ~ by ~ m~ ~ M ~"~ ~e~h~ ~ (~ ~ ~) a ~fl~ ~ ~ ~e ~ ~r or ~ ~ m~ ~ 5% ~ ~ Y~ NO ~ If~u a~ ~, ~ ~ ~n~ ~ fora ~d ~M and ~ w~ h~ T~ ~ ~on of ~lt ~ ~ t~ ~h~ ~ ~u~(~ a~g~~) a~ ~ m O~ ~ ~1o~. ~e ~a o~cer or empl~ or ~ ~ her ~ ~L ~ ~ ~Hd b {~ tH Ib~ a~): D) the a~ a~ 1)KS~RIPTION OF RELATION~IIIP RECE~/ED NOV 1 9 ~012 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the pact 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. r~ .~ j {~/~/~..,~. ~ YOUR NAME: ~' ~ ~ ' othel en~~ such as a ~ast name, fl~t n~, ~ddle l~ifi~, u~s you are appl)~ng in ~e name of som~ne el~ or , 'zy, company. If so, i~icate the other pe~on's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Change o~Z~on~ - Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space pro,~ded. 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 enfi~' (when the applicant is not a corporation) C) an officer, db'ector, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP RECE~'VED Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 0t, 1 9 2012 New Suffolk Waterfront Fund (NSWF) Re-subl~31~ OF APPEALS A. INSTRUCTIONS 1. 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. 2. 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-117-8-18 and 19 The Application has been submitted to (check appropriate response): Town Board Planning Dept X Building Dept. Board of Trustees ZBA X 1. 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: X Nature and extent of action: Re-subdivision/Variance Location of action: 650 and 380 First Street, New Suffolk, NY 11956 Site acreage: 3.890 acres. Present land use: Marine II. Lot 18: Marina and community building/restaurant; Lot 19: Private ferry terminal Present zoning classification: Mil 2. 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: New Suffolk Waterfront Fund, Inc. (NSWF) Lot 18 Owner Lot 19 owner: Robins Island Holdings, LLC (b) Mailing address: c/o Wickham, Bressler, Gordon & Geasa, P.C. PO Box 1424, Mattituck, NY 11952 (c) Telephone number: Area Code (63 I) 298-8353 (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? NO RECEI'VED LWRP NSWF Resubdivision DEVELOPED COAST POLICY BOARD OF APPEALS Policy I. 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 I11 Policies; Page 2 for evaluation criteria. YES The proposed re-subdivision will result in the preservation of most of the southernmost parcel being transferred from Tax Lot 18 to Tax Lot 19. This part of the property is primarily beach and open space The NSWF will retain the northem parcel (Parcel 1, Tax Lot 18) and will allow community public access to the waterfront by providing beach access, dockage and scenic vistas within walking distance of the hamlet's business and residential districts. The existing water- dependent infrastructure (dockage and revetments protecting a deep-water marina) and business potential on Parcel 1 will be maintained as a marina and other water related community based uses. Additionally, the existing walking and biking accessibility of the community's business and residential neighborhoods will be enhanced by a defined scenic destination on Parcel 2. This action is in keeping with Section D. Public Access, pp 1-16, Volume I, LWRP, which identifies this site (referred to as Marina Bay Club) as an opportunity to provide public access and recreation. The existing buildings will be maintained and improved to safe, useful and attractive structures. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111 - Policies Pages 3 through 6 for evaluation criteria YES The proposed re-subdivision will ensure protection of the marker denoting the location of the nation's First Submarine Base (aka The Holland Submarine Company) on Parcel 1. Also, as identified in the LWRP, the 180 acre New Suffolk peninsula contains approximately forty (40) historic structures, of which one (on Parcel 1) is the main structure lying parallel to the waterfront and referred to as The Galley Ho. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section 111 Policies Pages 6 through 7 for evaluation criteria YES Conservation easements on both parcels will define and protect scenic viewsheds within Parcels 1 and 2, as well as the addition of indigenous landscaping that will enhance future public view of and access to these scenic vistas. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III Policies Pages 8 through 16 for evaluation criteria YES The conservation easements on Parcels 1 and 2 will significantly curtail additional development potential of both lots, thereby minimizing additional structures that might otherwise be permitted by Town Zoning regulations for the Marine II Business District, which is the town's most intensive marine business zoning category. The next phase of the project will result in the relocation and redesign of existing sanitary systems as per Health Department requirements, in addition to compliance with FEMA regulations for the Galley Ho structure. 2 Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IIIROARD OF APPEALS - Policies Pages 16 through 21 for evaluation criteria YES The proposed re-subdivision will protect and improve water quality by reducing the potential for intense business development of the site, thereby reducing the overall loading of pollution from the ground and surface waters through septic wastes, stormwater runoff from impervious surfaces and commemial marine operations such as boat sanding, engine repairs, boat hauling and winterizing, etc. 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 I11 Policies; Pages 22 through 32 for evaluation criteria. YES The proposed re-subdivision will facilitate the restoration of indigenous vegetation adjoining the beach and tidal wetlands on both parcels. The site fronts on the Peconic Bay Estuary, and lies within Reach 8. It is approximately mid-point between two NYS Designated Significant Coastal Fish and Wildlife Habitats: Cutchogue Harbor and Robins Island, as well as US Fish and Wildlife Northeast Coastal Areas Study Ecological Complexes (See Map II-J-8 in Volume II, LWRP.) The owner has a working relationship with with Comell Cooperative Extension for on-site aquaculture programs. The conservation easements will create open space which will minimize the potential for development that could impair the ecosystem's health. Policy 7. Protect and improve air quality in the Town of Southold. YES The proposed re-subdivision will help protect air quality by providing New Suffolk residents with significant, permanent recreational open space on Parcel I within walking and bicycling distance of their homes, thereby reducing the need to use automobiles. The proposed re-subdivision will reduce the potential for intense commercial marine development which might generate boat and car traffic to the site as well as the operation of various types of marine equipment on-site. Policy 8. Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. YES The proposed re-subdivision will help minimize the amount of solid waste and hazardous wastes by reducing the potential commercial marine activity that will be permitted to take place. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. YES The proposed subdivision will facilitate permanent public access to and recreational use of coastal waters, while also providing for privately owned, water-dependent commercial uses. Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. YES The subject site was identified as an Underutilized site in Section II. J. B. 1. (iii) Underutilized sites (pp 32-33). The proposed re-subdivision will help revitalize the New Suffolk waterfront in keeping 3 BOARD OF APPEALS with this section of the LWRP by recognizing the existing water-dependent use ora portion of the site as a marina-type operation, while providing for permanent public access to the waterfront. The businesses adjacent to this property are either water dependent or water enhanced. The scenic vistas that will be provided by this site are likely to enhance the economic viability of the water enhanced businesses. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. YES The proposed subdivision will facilitate the use of adjacent waters for the purpose of recreational shellfish cultivation by reducing the potential for the type and intensity of marina development that could adversely affect the shellfish through pollution and wave agitation. See answer to Policy #6. Policy 12. Protect agricultural lands inthe Town of Southold. Not Applicable There are no agricultural lands on the site, although a community garden has been established on the site for the purpose of facilitating a sense of community. Policy 13. Promote appropriate use and development of energy and mineral resources. YES The proposed subdivision is designed to minimize potential site coverage by buildings and other commemial support structures, thereby preserving future opportunities to use solar and wind sources of energy. In addition, the proposed subdivision is designed to provide residents of New Suffolk with public and limited private recreational and educational waterfront access within walking distance of their homes and their school. ERIC J. BRESSLER ABIGAIL A. WICKHAM JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAXNO. 631-298-8565 WILLIAM WICKHAM (06-02) November 5, 2012 Zoning Board of Appeals Main Road Southold, NY 11971 Re: New Suffolk Waterfrom Project New Suffolk, NY 11956 Owners: New Suffolk Waterfront Fund, Inc. (NSWF) 650 First Street, SCTM # 1000-117-08-18 Robins Island Holdings, LLC (RIH) 380 First Street SCTM # 1000-117-08-19 RECEIVED BOARD OF APPE~L~ Ladies/Gentlemen: Enclosed are applications for variances and a special exception in connection with this proposal to convey a 1.118 acre parcel by NSWF to RIH, resulting in proposed Parcel I for NSWF containing 2.310 acres, and proposed Parcel II for RIH, containing 1.580 acres. The variances are required because a) the resulting RIH Parcel II, although significantly larger than the current RIH parcel, will be less than the required 80,000 square foot minimum area in this MII Zone, and b) the resulting NSWF Parcel I will no longer have the required 160,000 square foot area required for two primary uses: the Building Inspector has determined that the existing marina use and the restoration of the restaurant use in the Galley Ho building will constitute two primary uses. The special exception is needed for the restaurant usage. The applications for the actual renovation of the buildings is not included in this application, but will be the subject of future applications to the Building Inspector and for site plan approval. The MII zone permits an intensity of commercial land uses which are comrary to the New Suffolk community's goal of optimizing public access to the waterfront and which are inconsistent with the scale of the hamlet. The NSWF Parcel I will be encumbered by a NYS Conservation Easement on much of the open space areas to restrict construction of commercial uses otherwise permitted in an MII zone. The RIH Parcel II will be encumbered by a Conservation Easemem held by Peconic Land Trust which will ensure that much of the parcel being conveyed will be preserved as to open space vistas and waterfront appropriate landscaping. The lot sizes are as follows: NSWF Current area: 3.428 acres 149,325 sf Proposed area: 2.310 acres 100,636 sf RIH Current area: Proposed area: .462 acres 20,119 sf 1.580 acres 68,808 sf RECEIVED The following items are enclosed, 9 sets of each: BOARD OF APPEALS 1) Notice of Disapproval from Building Dept. dated September 18, 2012. 2) Application for Variance 3) Consent form for Agents to act. 4) Project Description, Questionnaire, and Photos. 5) Transactional Disclosure Forms - Owners and Agent 6) Survey/proposed re-subdivision map 7) Agricultural Data Statement 8) Assessor's cards and tax map 9) LWRP Form 10) Environmental Assessment Form I l) Checks payable to Town of Southold for $1,00.00 for variances and $1,200.00 for special exception. 12) Copies of CO's for buildings 13) Copies of prior ZBA opinions 14) Application for Special Exception. Please refer to the above items to use in conjunction with this application. Please schedule the matter for your next available hearing date. An application for resubdivision is also being submitted to the Southold Town Planning Board. Very truly yours, RECEIVED ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 wwblaw~aol.com September 12, 2012 BOARD OF APPEALS WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 11 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Michael Verity, Building Inspector Town of Southold Building Department 53095 Main Road P.O. 1179 Southold, New York 11971 Re.' Owner: New Suffolk Waterfront Fund, Inc. 1000-117-8-18 Robins Island Holdings, LLC 1000-117-8-19 Premises: 650 and 380 First Street, New Suffolk, New York 11956 Dear Michael: Our client would like to apply to the Planning Board for a resubdivision of the properties referenced above, moving a 1.118 acre portion from the New Suffolk Waterfront Fund, Inc., property to the Robins Island Holdings, LLC property. Tax Lot 19 will remain less than the required 80,000 square feet in this M11 zone. All of the existing buildings will remain, with the uses as stated, and a boatshed will be attached to the Robins Island building as shown on the map. You will note that we have had the surveyor superimpose the projected location of a Conservation Easement on Parcel 1 to be held by the New York State Office of Parks, Recreation, etc. which will allow the Fund to qualify for a grant and require the easement portion of the property to be used as open space or other uses consistent with public recreation as approved by the State. While this will preclude the construction of most structures within that area, it will not compromise the use of the area within the easement for density computations for construction on the remainder of the parcel. Accordingly, we enclose the following and ask that you issue a notice of disapproval: AA W/dm 30/shdbdnoticedisns 1. Application for building permit. 2. Check to Town of Southold for $50.00 3. Copy of tax map of area showing subject parcel in yellow, and 4. Map prepared by Barrett, Bonacci & Van Weele PC dated 9/11/12. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL TEL: (131) 7t5-1~02 FAX: (~31) 765-~$02 ~w. nor thfork.net/Sout~old/, pERMIT NO' C IVEO I~OARD OF APPEAls !ders License No. nbers License No. .'r Trade's Licens~ No. 2o~T~MapNo. I~0 S~o~ //7 . Blo~ ~ lubdivision ' ~f/~ Ffled Map No. Hamlet RECEIVED NOV ! 9 BOARD OF APPEALS STREET / /' ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. Attn: Michael Verity, Building Inspector Town of Southold Building Department 53095 Main Road P.O. 1179 Southold, New York 11971 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631 ~298-8353 TELEr~X NO. 631-298-8565 wwblaw~aol.com September 18, 2012 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 RECEWED BOARD OF APPEALS Re: Owner: New Suffolk Waterfront Fund, Inc. 1000-117-8-18 Robins Island Holdings, LLC 1000-117-8-19 Premises: 650 and 380 First Street, New Suffolk, New York 11956 Dear Michael: Supplementing my prior letter, I enclose a flood zone map for this property. In addition, the proposed caf6 will have up to 55 seats, as opposed to the prior restaurant that had 95 seats. The NSWF is not applying for a caf6 at this time, but we want you to be aware of the use which is proposed as the project develops. We understand that site plan will be required at that time. A~ W/ dm 30/shdbdnoticedisns / / Van Wee[e, BOARD OF APPEALS AUTHORIZATION RECEIVED NOV ] 9 Z01Z BOARD OF APPEALS Re: Premises: 650 First Street, New Suffolk, NY SCTM#: 1000-117-8-18 BARBARA SCHNITZLER, Chair of the New Suffolk Waterfront Fund, Inc., the owner of the above referenced property (the "Property"), consents to: The firms of Wickham, Bressler, Gordon & Geasa, P.C.; Barrett, Bonacci and Van Weele, P.C.; and JMO Consulting; and their engineers, agents, or other contractors retained by any of the above and any of their representatives and/or agents: a) to make application to the Town of Southold Building Departmem for Notice of Disapproval in connection with a lot line change, resubdivision, with adjacent property of Robins Island Holdings, LLC, 100-117-8-19 (the "Lot Line Change"); b) to make application to the Southold Town Planning Board for the Lot Line Change; c) to make application to the Southold Town Zoning Board of Appeals for variances and for interpretations of the Building Inspector's decisions in connection with the Lot Line Change; d) to make application to the Suffolk County Department of Health Services for a realty subdivision and any other matters related to the Lot Line Change; e) to obtain from Suffolk County Water Authority information related to public water availability; and f) to deal with and make applications to any other authorities or agencies having jurisdiction over said Property and for any other matters required to obtain such Lot Line Change and obtain information from such agencies relating to the Property. This authorization shall include all matters in connection with the Lot Line Change and other matters relating to the Property. Dated: June 30, 2012 ~ ~ Ba ~a~Sc~itzler, Chair of New Suffolk Waterfront Fund, Inc. re/newsuffoIMapprovals/authNSWF AUTHORIZATION RECEIVED ~Ov I 9 ~0IZ 80ARD OF APPEAL~ Re: Premises: 380 First Street, New Suffolk, NY SCTM#: 1000- 117-8-19 ROBINS ISLAND HOLDINGS, LLC, the owner of the above referenced property (the "Property"), hereby authorizes: The firms of Wickham, Bressler, Gordon & Geasa, P.C.; Barrett, Bonacci and Van Weele, P.C.; and JMO Consulting; and their engineers, agents, or other contractors retained by any of the above and any of their representatives and/or agents: a) to make application to the Town of Southold Building Department for Notice of Disapproval in connection with a lot line change, resubdivision, with adjacent property of New Suffolk Waterfront Fund, Inc., 100-117-8- 18 (the "Lot Line Change"); b) to make application to the Southold Town Planning Board for the Lot Line Change; c) to make application to the Southold Town Zoning Board of Appeals for variances and for interpretations of the Building Inspector's decisions in connection with the Lot Line Change; d) to make application to the Suffolk County Department of Health Services for a roalty subdivision and any other matters related to the Lot Line Change; e) to obtain from Suffolk County Water Authority information related to public water availability; and f) to deal with and make applications to any other authorities or agencies having jurisdiction over said Property and for any other matters required to obtain such Lot Line Change and obtain information from such agencies relating to the Property. This authorization shall include all matters in connection with the Lot Line Change and other matters relating to the Property. Dated: July 2, 2012 Robins Island Holdings, LLC Eric T. Klein, Secretary A/SWF 3O 33. 32.3 51.1 1.14 34 5 22 CUTCHOGUE HARBOR RECEXVED NO~,' 1 9 Z0!~', BOARD OF APPEALS TOWN O~ SOUTHOLD BUILDING DEPARTMENT TOWH CLERK'S OFFICE $OUTHOLD, N. Y. '~!~/ ~ 9 ~ ~ BOARD OF APP~A~ CERTIFICATE OF OCCUPANCY THIS CERTI~:IF_S that the building $ocoted et ...~.~.....~.~i~, ..................................... Street mx .... mx ...., xx New Suffo~t ..N..Y. /~ap No. ..................... M[OCK r~o ....................... to~ No .................................................................. conforrr~s substantially to the Application ~or Building Permit lteretofore ;~lted in t}~ls office .................................... ~At1D.~....,1,~. .......... , 19~3.... pursuant to which Building Permit No...~.~.~.. doted ........................... ..8..e.~.~.....1.~. ......... , 19..6.3..., wos Issued, ond conforms '~o all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ............... .......... ................................................................ The <ertm~at~ is ~ssuea to~g.~..~..~.~...k.,..S..~l~,.a....~.g ...................... .~X~. ....................... (owner, lessee or tenant) of the aforesaid building. [{.D. al~.~ov~l Fay I0~ 1963 by' a. ¥~11a Al~,3,,.~. L~,,; ....................... BulIding InspeCt't TOWN OF I~OUTHOLD BU'rLDIN~ D~PARTI~IIT Southold, % ~q.T'r FICa. TS OF No S-2~601 Date APPel 19r 1995 THIS CERTIFIES that the bulldln~ ALTEP~TIONS 17475 NEg' ~u~O~K AVI~nU~ & Looa~£on o~ Pro~erCy 6SO FIRST ~ House No, Street H~let. County T~ Map No. 1000 6e~io~ ~17 Block 8 S~bdivision Filed Map No. conform~ subet~ially to the A~llcation for Buil~ng Permit heretofo=~ Building Per~£t No. 22546-E dated JA~AP~ 6, 1995 was issued, and conforms to all of the requirements of the applicable provieiona of the law.' The issued is ALTERATIONS TO~NE~ESTI~GI~STAUR~TAS ~PPLI~D The oertiE£cate is i~sued to LOVE T,am~ ~C~UISTI~N (own.r) of the aforesa£d buildin~. SUFFODK CO~RTY DBP~I.T~,ffiNT OF H~ALTHAPp~OVAL ~LECTRZCAL INSPECTION SERV, ?265 PL~4BERS CErTIFICaTION DATED N/A :~,RQP~R2* 22, 1995 ~/A Rev. 1/81 FO~ NO. 4 ~ OF MOUT~OLD BUILDlq~G DEPARTMENT office of the Builaing Inspector Town Hall Southold, N.Y. RECEIVED CERTIFICATE OF OCCUPANCY No Z-20542 Date FEBRUARY 20 ~,. 1992 THIS CERTIFIES that the building Looa%ion of Property 17475 MAIN ~TR~T ~ouse No. County Tax Map NO. 1000 Section 117 Subdivision NEW SUFFOLK, N.Y. Street Block 8 .~ot 18 ..Filed Map No. Lot No. Hamlet conforms substantially to the Application for Building Perm/t heretofore filed in this office dated JANUARY 14~ 1992 pur~aant to which Building Permit No. 20389-Z dated JAh~3ARY 14r 1992 ~a~ i~e6, a~ ~o~forms %o a~% of %he r~q~i~n%s ~ ~e a~tic~le provisioBs of the law. The oc~pa~c~ for which ~is oe~ificate is issued is aLl. ION ~ ~TRT~G S~ ~ ~P~ ~R. The certificate i= is~ue~ to ~a~p~R~ of the aforesaid building. SUFFOLK COUNTY DEPARTM~T OF RF~ALTH APpBO~rAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A - Building fns~ecto~ ' Rev. 1/81 FO~M NO, 4 TOW~lO~ 80t~TEOLD BUILDZ~¢ D~P,~JtTI4EI/'T Town Hall Southold, N.Y. RECEIVED BOARD OF APPEALS Date~ 09/29/00 27331 ; ~ ~. 473889 8~ 117 Bl~k 0008 ~ 018 ~lyto t~~ts f;a BUSI~SS STRUCT~ and confo~s ko all o~ ~he ~e~eman~ o~ the a~cable o~ th~ la~, The oc~up~ for ~ch thl~ ce=h~ca~e ~ NEW SUFFOLK of the afareaaid building. ~/A ~/A Ray. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Rall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED No: Z-33240 Date: 10/02/08 THIS ~RTIFIES that the building ALTERATION TO DWELLING Location of Property: 380 FIRST ST NEW SUFFOLK (HOUSE NO.) (STREET) (~L~J4LET) County Tax Map No. 473889 Section 117 Block 8 Lot 19 Subdivision Filed Map NO. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office date(] MAY 2, 2007 purs-ant to which ~ilding ~z~it No. 33030-Z dated MAY 14, 2007 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 A~TER EXISTING FERRY TERMINAL TO A ONE FAMILY DWELLING AS AaPPLIED FOR. ~e ce~-tifieate is is~uec~ to ROBINS ISLAIgD HOLDINGS LLC (OWI~ER) of the aforesaid building. ~U~FOI~(L"O~FrY DEP/%RT~NTOF ~TH APPRO%rAL R10-08-0073 ~ ~FIC;~TIONDATHD 06/06/08 08/04/08 7663 04/18/08 THREE B'S FLL~4BING & HEAT ~thorized Signature Rev. 1/81 ACTION OF TH~ ZONING ~OARD OF APPEALS Appeal NO. 581 DaSd June 12, 1963 North Pork Shipyard New Suffolk, New York at a mecth,g of the Zoning Bo~rd of App~ on Wednesday, July 3, 1963 Appellant the appeal RECEIVED i 9 BOARD OF APPEALS ..................... of tlme Zoning Ordinance, and the decision of thc Building Inspector (X) be ~eversed ( ) be conf~med because : After investigation and i~spect~on the Board finds that the applicant operates a business which is located on the water and set~ack some distance from the' road. Thais restaurant~ building is not completely visible from the koad because of the buildings and boats located on the property. He therefore wishes to locate a sign on the ridge of' the roof, 2 ft. by 20 ft. designating the name ~f the business, "Galley HO Restaurant.;' This would ~e a double faced si~ making it visible from the water also. (OVER) The Board finds, that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit.~of the Ordinance will be observed. Therefore it was RESOLVED that North Fork Shipyard, Main Street, New Suffolk, Ne~ York, be granted permission to erect and maintain a sign on the roof ridge of their restaurant building. This sign will he double faced, 2 ft. high by 20 ft. in length, with the wording "Galley Ho Restaurant." 7:30 P.M. (E.D.S.T.), upon application of North Fork Shi~5,ard, Main Street, New Suffolk, New York, for a special e~ceptton in accordance with the Zoning Ordinance, Article IV, Section 408, for permission to erect and maintain a roof (ridge). sign on a restaurant building. Location of property: north side Main Street, New Suffolk, New York, bounded north by M. G% Wuerstetn, east by Peconic Bay~ south by Johnw. Mackay, and west by First Street.- ~eclsl~ the Buildin~ Ia~pector ( ) ae confirmed ( ) be reversed. ~ T. Boken, Secretary AP.~EAL$ BOARD MEMBERO Gerard P. Goehringer, Chainnan lames Dinizin, Jr. Lydia A. Tor~ora Lora S. Collins George Homing Southold Town Hall 53095 Main Road P.O. Box 1179 Southoid, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPF.,A]_,S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 RECEIVED Appl. No. 4822 - ROBINS ISLAND HOLDINGS: Belvedere Prnoertv ManaGement LL.C. Location of Property: 380 First Street, New Suffolk Parcel 1000-117-8-19 Date Of Public Hearing: May 4, 2000; May 10, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 21,407 sq. fL (.49 acres) total land area with 91.50 fl. frontage along the east side of First Street, New Sulfolk. The property is in the same ownership as Robins Island and is used for maintenance and transportation uses relative to Robins Island. Existing on this lot are a dumpster pad, transformer, fencing, and a private parking area. The zoning of the property is Marine-Il. BASIS OF APPLICATION: Building Inspector's March 29, 2000 Notice of Disapproval denying a permit for a 30' x 60' building because '~he proposed project on a non-conforming lot in an M-II Zone is not permitted pursuant to Article XXIV, Section 100-244B as proposed with a side yard of 6.5+- (six and one-half) feet." The Code requires a setback of 15 feet.. AREA VARIANCE RELIEF REQUESTED: Applicant initially requested a setback variance for a proposed 30' x 60' principal building for use as an office above garage/storage area as shown on the December 15, 1999 Site Plan prepemd by Barrett, Bonacci & Van Weele, P.C. (last dated January 24, 2000). The distance to the north side property line was proposed at 6.5 feet. The remaining yard setbacks satisf'~ed the Code requirements. At the May 10, 2000 public hearing, applicant's attorney submitted a revised plan for a 28' x 48' building. The proposed northerly setback remains at 6.5 feet, and the variance application is therefore unchanged by virtue of the plan revision. REASONS FOR BOARD ACTION, DESCRIBED BELOVV: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Applicant testified that the location of the proposed building on the lot is influenced by a desire to keep it as far as possible from tidal wetlands, and also by the need to allow turning room for delivery trucks, etc., between the building and the parking area at the southerly side of the lot. The proposed northerly setback of 6.5 feet faces open'land now used for boat storage, and zoned Marine-Il. The owner of lhat land mede no comment in these proceedings. In view of the fact that the proposed building will be the only structure in the area east of First Street and south of Main Street, the nonconforming setback will have no visual impact and grant of the requested variance will not produce an undasireble change in the character of the neighborhood or detriment to nearby properties. Page 2 - Hay 10~ 2000 · ZBA Appl. No. 4822 - Robins ]slargl Holdings ParceJ 1000-117-8-19 at New Suffolk RECEIVED BOARD OFAPPEALS 2. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new principal building, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehdnger, it was RESOLVED, to. GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehdn~), D/i~e~To. rt~o~, and Collins. (Member Homing of Fishers Island was absent.) ~'l:li~Reso/~n wa/duly a~l.l.l.l.l.l.l~[.~l?/~-0). ~/GERARD P. GOEHRIN(~ER, CHA, U;keMAN For Filing About May 17, 2000 APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman .lames Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4809 - ROBINS ISLAND HOLDINGS L.L.C. Location of Property: 380 First Street, New Suffolk Date Of Public Hearing: May 4, 2000; May 10, 2000 1000-117-8-19 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALs FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant is manager for Robins Island Holdings LLC, the owner of Robins Island, w~hich also owns property in New Suffolk used as a base to service the Island. The lot in question in this application comprises 21,407 sq. ft., with 91.5 feet of frontage on First Street. The lot's easterly side is bordered by Cutohogue Harbor, the southerly side by a public boat ramp, and the northerly side by open land now used for boat storage. The property is zoned Marine-II. APPLICANT'S REQUEST: The property owner wishes to vacate rented space in New Suffolk and replace it with a building to be erected on the subject lot, to be used as a staging area for Robins Island. Because the Island is reachable only by boat, and all guests, deliveries, etc. must pass through the New Suffolk facility, the project is characterized as a "private ferry terminal." Under Code section 100-121(B)(2), a femj terminal is a permitted use in the M-II zone by Special Exception, and applicant requests same, Article XXVI of the Code sets forth the requirements for issuance of a Special Exception. Applicant initially proposed a 30' x 80' building, up to 35 feet high. At the hearing on May 10, applicant presented a revised proposal for a 28' x 48' building, up to 18 feet high, and it is the revised proposal that is under consideration. REASONS FOR BOARD ACTION, DESCRIBED BELOW: After headng testimony, reviewing submitted materials, and making personal inspection of the property, the Board has considered the General Standards set forth in Zoning Code Section 100-263, and finds and determines the following: (A) The proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in the adjacent use districts (Hamlet Business across First Street and Marine-II immediately adjacent). Page 2 - May 10, 2000 AppI. No, 4809 - Robins Island Holdings Parcel ID 1000-117-8-19. ~ECETVED NOV ~ ~ 2_01:~ BOARD OF APPEAL~ (B) The proposed use will not prevent the orderly and reasonable use of permitted or legally established uses in the Business disthct wherein it is to be located, or of permitted or legally established uses in adjacent use districts. (C) The safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location. (D) The proposed use will be in harmony with, and promote the general purposes and intent of, the Zoning Code. (E) Applicant's original proposal for a 30' x 60' building, up to 35 feet high, raised a question of compatibility with the surroundings, particularly with regard to visibility, scale and overall appearance. The Board concludes that applicant's revised proposal will satisfy the requirement of compatibility with its surroundings and with the character of the neighborhood and of the community in general. (F) The structure and the property generally will be readily accessible for fire and police protection. In addition, the Board has reviewed other matters under Section 100-264 and finds that no adverse conditions will result from this authorization. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application for a Special Exception based on the revised plan presented by applicant on May 10, 2000. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Homing of Fishers Island wajs~bserlfT)--TTiT~Resolu~s duly TILE SOUTt~OLD TO~VN ,CL~J~.- GERARD P. GOEHRINGER, CHAIRI~N . ~lnlec,_ _ ~~.~ . For Filing About May 17, 2000 Town Clerk, Town of Southold /ooo,-;/,z-b.-/? 1'O~' OF SOUTHOLD PJiOPERTY RECORD CARD .'_.. Al ,.~:ORMER O~/NER Lo~' '~nz. · N ~'~ SuFFoLK ~, ~ ~,~i~r~. ~n~&~5~, S W N~ NORMAL ~ELOW ' A~OVE . ' - FARM Acre Value Per Value ~ ' Swampland ~c~e/VEO ~ FRONTAGE ON WATER D,)A~D OF APPEALS ~ Porch Attic Porch Rooms 1st Floor reezeway Patio Rooms 2nd Floor ~a rage Driveway .... ,.,_ ./ TOWN OF SOUTHOLD P'ROPERTY RECORD CARD ,/-~.~._¢~ OWNER DISTRICT SUB. d /5- 'ACREAGE TYPE OF BU~LD~N~ NO~' t ,~ ,,U~, "--' I~OARD OF APPEALS LAND IMP. TOTAL DATE NEW NORMAL Farm Acre 'illable -illable 2 -illable 3 ~/oodland wamplond :rushland qouse Plot 'ora I BELOW Value Per Acre ABOVE Value ~OA~D OS APPmAt.S 117.-8-19 1/08 M. Bldg. Extension Extension Foundation Bosement Ext. Walls Fire Place Both Floors Interior Finish Porch Porch Hec~ Patio Driveway Garage Attic Rooms 1st Floor Breezewo 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 21, 2012 Zoning Appeal No. 6616 Transmitted herewith is Zoning Appeals No. 6616 of Abigail A Wickham for New Suffolk Waterfront Fund- thc Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Abigail A. Wickham Dated November 5, 2012, Cover Letter to Building Department Dated September 12, 2012, Copy of Application for Building Permit with Disapproval Dated September 18, 2012, Copy of Survey of Property Dated July 5, 2012 Prepared by B BV Civil Engineers, Copy of Supplemental Letter to Building Department Dated September 18, 2012, Copy of Survey Dated July 5, 2012 Prepared by BBV Civil Engineers, Authorization Letter from Barbara Schnitzler to Abigail A. Wickham to Represent them in this Matter Dated June 30, 2012, Authorization Letter from Robins Island Holdings, LLC to Abigail A. Wickham to Represent them in this Matter, Notice of Disapproval from Building Department Dated September 18, 2012, Nine Pages of Photos of Property, Copy of Tax Map with Property Highlighted, Copy of Certificate of Occupancy No. Z1593 for Business Building (Restaurant) Dated June 13, 1963 Other side Copy of Certificate of Occupancy No. Z- 23601 for Alterations to an Existing Restaurant Dated April 19, 1995, Copy of Certificate of Occupancy No. Z-20542 for Alteration to Existing Store Dated February 20, 1992, Copy of Pre Existing Certificate of Occupancy No. 27331 for Accessory Machine Shop & Accessory Storage Building Dated September 29, 2000, Copy of Certificate of Occupancy No. Z-3240 for Alter Existing Ferry Terminal to a One Family Dwelling Dated October 2, 2008, Copy of Action of the Zoning Board of Appeals No. 581 Dated July 3, 1963, Two Page Copy of Findings & Determinations No. 4822 Dated May 10, 2000, Two Page Copy of Findings & Determination No. 4809 Dated May 10, 2000, Two Page Copy of Property Record Card, Survey of Property Dated October 24, 2012 Prepared by BBV - Civil Engineers. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-20-12 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP NEW SUFFOLK RECEIVED 6616 WATERFRONT FUND, 1387 $1000.00 INC. NOV 2 0 2012 Southold Town Clerk TOTAL $~ooo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/20/12 * * * RECEIPT * * * Receipt~: 143404 Transaction(a): 1 1 ZBA Application Fees Reference Subtotal 6616 $1,000.00 Cash#: 1387 Total Paid: $1,000,00 Name: Clerk ID: Marvin, Valerie 685 Orchard Street Pob 653 New Suffolk, NY 11956 CAROLH Internal ID: 6616 #10996 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 3rd 3rd day of January, 2013. Principal Clerk Sworn to before me this day of LEGAL NOTICE !L.00 AM. - NEW SUFFOLK SOUTHOLDTOWN WATERFRONT FU1ND. INC. and ZONING BOARD OF APPEALS ROBIN'S ISLAND HOLDINGS. LL~ THURSDAY JANUARY3,2013 . 86616 - Request for Variances from PUBLIC HEARINGS Art. XIII Code Section 280-56 and the NOTICE IS HEREBY GIVEN, put- I Building Inspector's September 18, 2012 suant toSection267oftheTownLawand Notice of Disapproval based on an ap- Town Code Chapter 280 (Zonlng),Town plication for a permit for a minor sub- of Southold, the following public hear- division at; 1) lot size less than the code rags will be held by the SOUTHOLD ~ required 80,000 sq. ft. per Bulk schedule TOWN ZONING BOARD OF AP- } in MII District, 2) lot size less than the PEALS at the Town Hall, 53095 Main ; code required 160,000 sq~ ft. for the pro- Road, P.O. Box 1179, Southold, New posed second use locatedat:650and380 Yorkli971-0959, on THURSDAY 3AN- i First Street (comer Jackson Street, Main UARY 3. 2013:. Street) (adj. to Cutehogue Harbor) New ~ - Request for Variances Suffolk, NY. SCTM#1000-117-8-18&I9 llu20 A.M. - NEW SUFFOLK WA- quest for Special Exception per Article FdIl Section 280~55 (B) 1 to Operate a x~taurant in a Marine II (MII) Dis- wiet, located at: 650 F'trst~Street (corner laclcson Street, Main Street) (adj. to Cutchogue Harbor) New Suffolk, NY. 1~45 A.M. - PETER and DIANE ~IOLLICA - g6618 - Request for Vari- Southold, NY. SCTM#1000 79-4-2 - ~614 - Applicant requests a Spec Exception under Article Ili, Secti 280-13B(13).The Applicant is the owl requesting authorization to establish Accessory Apartment in an access~ structure, located at: 305 North B~ view Road, Extension. Southold, I' SCTM#1000-78 8 16.1 Q'~,,/L_....--'~ 2013. NOTARY PUBliC-STArE OF NEW YORK NO. 01V06105050 Qualified In Suffolk County ~4u Commission Expkes February ~8, 2016 Dated: December 11, 2012 ZONING BOARD OF APPEA LESLIE KANES WEISMAN, CHAI PERS( BY: Vicki Ti 54375 Main Road (Office Locath 53095 Main Road (MailingJUS! P.O. Box ll ./ ./ Toth, Vicki From: Sent: To: Subject: Joe McKay [crazyaboutwords@gmail.com] Wednesday, January 02, 2013 9:16 PM Toth, Vicki [New Sender - ] - ZBA hearing 1/3/13 Please approve the New Suffolk Waterfront Fund's request for a boundary line move, and for a small cafe-type facility in the old Galley Ho building. These elements are vital to the future of our waterfront and to the expressed interests of the community over the course of the past 5 years during which acquisition of the property was achieved thanks to community support. (Over 70% of community donated $$, and we have a cadre of almost 100 volunteers who are called on regularly!) Thank you for your consideration of this project which will serve as a community model in the years to come. Joe Mc Kay Former Pres, New Suffolk Civic Assoc. current Board Member, New Suffolk Waterfront Fund Toth, Vicki Page 1 of 1 From: Sent: To: Cc: James Grathwohl [jfgrathwohl@msn.com] Wednesday, January 02, 2013 7:11 PM Toth, Vicki Barbara Schnitzler; Souhold Town Landmarks Preservation Commission Subject: New Suffolk Waterfront January 2, 2013 TO: Leslie Weisman Chair, Southold Town Zoning Board of Appeals FROM: .]ames F. Grathwohl Chair, Southold Town Landmarks Preservation Commission CC: Barbara Schnitzler Chair, New Suffolk Waterfront Preservation Fund SUBJECT: New Suffolk Waterfront Dear Ms. Weisman, I strongly support the application of the New Suffolk Waterfront Preservation Fund to (1) divide their parcel in order to sell the southerly portion to neighboring Robins Island Holdings and (2) to re-instate the use of the well known Galley Ho on the northern portion to its former use as a restaurant. Historically, the site is where the Goldsmith and Tuthill Shipyard was located for many years. The Holland Torpedo Boat Co. leased space here where the USS Holland, the first submarine commissioned by the U.S. Navy in 1905 was outfitted and tested in Peconic Bay, making this site one of the most significant locations in U.S. Navy history. A roadside marker explains the significance of this site that also is a Southold Town historic landmark and is listed by the Society for the Preservation of Long Island Antiquities. The Southold Town Landmarks Preservation Commission commends the Waterfront Preservation Fund Board for its plans to enhance the site by moving the historic Galley Ho, which suffered considerable damage from Hurricane Sandy, further back on the site and restore it to its tong-time use as a restaurant serving especially local seafood. There has been a restaurant there for many years and this restoration will be welcomed by the local community, as well as supporting the local economy. I strongly support, and I believe the local community does, too, the application of the New Suffolk Waterfront Fund. I urge you and your colleagues on the ZBA to approve it. Thanks for your support. James F. Grathwohl Chair Southold Town Landmarks Preservation Commission 1/3/2013 Toth, Vicki From: Julie Saul [juliem@saulgalle~/.com] Sent: Tuesday, January 01, 2013 3:19 PM To: Toth, Vicki Subject: [New Sender - ] - Waterfront Zoning for New Suffolk Page 1 of 1 RECEIVED ~ BOAR. D OF APPEALS Dear Zoning Board, I am writing in regard to the zoning hearing coming up on January 3rd for the New Suffolk Waterfront. I own a home on the comer of King and 1st Street, directly across the street from Captain Marty's and just north of Legends. I have owned the house for almost 6 years and am extremely interested in the evolution of the waterfront area as it directly effects me on every level, from how it looks to noise level etc. I am very happy that Louis Bacon has undertaken to own and maintain the lower third of the property which has been acquired by the New Suffolk Waterfront group. I encourage you to pass this request on the 3rd. If you look at the way he has designed and maintained his current facility on the mainland it is clear that he has a good aesthetic sense which adheres to the native flora and also historic architecture of the area. He has maintained the building and the surrounding grounds beautifully at all times. In terms of the development of the upper two thirds, I advocate for a cafe to be licensed to operate on the property. There is a need to generate funds to maintain the area, and also I think an alternative to Legends restaurant would be welcome. However, I also feel strongly that the parking needs to be maintained off the main street (First Street) as much as possible, and I would like to see some independent governing board approve design decisions: In my opinion (and I am an art historian and art dealer ) there have been some really bad design decisions made to date. I also have heard discussion ora museum and learning center and I am really opposed to these sorts of ideas. This is a leisure, nature area an I just don't see the point. Obviously living in such proximity to the area I am concerned about the volume of visitors and accompanying noise and traffic generated by waterfront activity. My contact info is below. Please do not hesitate to contact me if you would like to discuss these matters further. Sincerely yours, Julie Saul 875 King St. New Suffolk, NY 11936 i uliem~saulgallery.com 631-734-5888 646-244-5700 cell 1/2/2013 Toth, Vicki Page 1 of 1 From: Sent: To: Subject: Catherine Caldwell [cathy.caldwell7@gmail.com] Thursday, January 03, 2013 1:09 PM Toth, Vicki [New Sender - ] - NOT SPAM / Re 01/03/13 meetings at Town Hall, Re Waterfront Fund - YES VOTES attached Importance: High January 3, 2013 - Greetings and Happy New Year, Via website, Town Hall, Southold, Zoning Board of Appeals Contact us email: vicki, toth(a) Town. Southold. n¢ us Attn.: Ms. Vicki Toth, Subject: Ref. to meetings being held today, Thursday, January 03,201, Re the Zoning Board of Appeals will hear two (2) requests from the Waterfront Fund at Town Hall: Date: Thursday, January 03, 2013 Ref.: Waterfront Fund, two (2) scheduled meetings being held, respectively, at 11:00 a.m. and at 11:20 a. m. Place: Town Hall Now, via this email, I would like to VOTE, as follows: I would like to convey, I support the two (2) requests, respectively, from the Waterfront Fund, and I would now like to cast my 'Vote of YES' only. I share too, I am a resident of Baiting Hollow for 22 years, and I am an active volunteer too, on teams, with the New Suffolk Waterfront. Ms. Toth, please acknowledge receipt of my email, thank you. Should you like to contact me, I will await a reply from you via email, or a telephone call. Thank you for your assistance in this matter. Have a nice day. Sincerely, Catherine Catherine M. Caldwell Baiting Hollow, NY 11933 Home Phone: (631) 369-9761 Email: cathy.caldwell7(q)gmail.com 1/3/2013 NEW SUFFOLK WATERFRONT FUND creating the future of our waterfront RECEIVED 12/24/2012 BOARD OF APPEALs To The Zoning Board Re: Application 6617 Enclosed please find 9 sets of first and second floor existing and schematic plans for the galley Ho. The building was documented before the storm, but our schematic plans have just been re-developed recently, due to changing conditions post Sandy. However, because of our extensive community outreach and design development before the storm, our Board is confident that this is the direction we would like to pursue. The design has not been finalized however, and is subject to modification, and the current application before you is not for approval of this design. Thank you. Barbara Schnitzler Chair, New Suffolk Waterfront Fund CC: Gail Wickham PO Box 146, New Suffolk, NY 11956 4° ~-~vw. newsuffolkwaterfront.org 4 I NOVEMBER 22, 2012 I SUFFOLKTIMES.COM.~ Galley Ho's moving experience Waterfront fund to relocate iconic restaurant building and replace storm-damaged bulkhead BY BETH YOUNG I STAFF WRITER The old Galley Ho in New Suffolk might as well have had a bull's eye painted on its eastern side as Hurricane Sandy barrelled down on the North Fork nearly three weeks ago. The hurricane tide battered the century-old for- mer restaurant, now owned by the New SuffolkWa- terfront Fund, a nonprofit group that had planned to use the Galley Ho and its surrounding acreage for public access to the water. The storm tore away a wall of the building's kitch- en and a wooden boardwalk between the building and a bolkheaded boat basin, then ripped in be- neath the building, undermining its cinder block foundation. This past week, the Southold Town building department tacked an 'We want to orange notice to the building's front door, warning that it was keep it going.' unsafe for gawkers to enter. The waterfront fund has taken BarbaraSchnitzler the damage in stride, said the · group's chairwoman, Barbara Schnitzler, who took a reporter on a walk-through of the site Friday afternoon. The fund hired a crew to tear off an addition to the building that was undermined in the storm and clean up debris strewn about, filling three 40-yard dumpsters before last week's nor'easter m an ar- tempt to keep debris from ending up on neighbor- ing properties. The waterfront fund has also contacted Davis ' Gonstruction, a house-moving company in West- hampton Beach, about moving the Galley Ho back from the water and shoring it up on metal cribbing ~ YOUNG PNOTOI Ne Suffolk Waterfront Fund chairwoman Barba~ Schnrczler at'the former Galley Ho restaurant, which suffered severe damage,duringsuperstorm Sandy. the structure, or~e thing the bootstrap nonprofit has always had to "Our engineer says the building is sWacturat!y~ood, work hard to come by. We want to keep it going,' said Ms. Schnitzler. %V~' areBefore Sandy hit, the group was just about to malll going to make it stronger and safer for the duration." out aletter soliciting contributions; members quick- SUPFOLKTIMES.C VILL,Z CHE] CHEESE PLATES P,~ SMOKED SALMON W DESSERTs COFFEE B~TH YOUNG PHOTO Th is section of the Galley HO building was torn down late last week. The building will even- tuaUy be moved back flora the water to minimize exposure to future storms. GALLEY HO... CONTINUED FROM PAGE 4 ly added an insert after the hurricane to let donors know how much more dire the situation has become. The initial site cleanup cost about $7,000, said Ms. Schnitzler, and mov- ing the Galley Ho to the cribbing and then again to its ultimate resting place will cost another $17,000. The waterfront fund had already re- ceived permits to restore the bulkhead surrounding the boat basin before the storm, but win need to spend more to make it safe since Sandy further un- dermined the bulkhead. That work is expected to begin later this month at a cost of about $140,000. In addition, site plan approval from the Southold Planning Board will be needed before deciding where to put the Galley Ho, but Ms. Schnitzler said they plan to keep it far enough back from the water to avoid damage from future storms. Any structure within ! 00 of the water would also need ap- proval from the Town Trustees. The fund had only liability insur- ance on the building, but is applying for emergency loans from the Small Business Administration specifically for damage from Hurricane Sandy. Ms. Schnitzler said the exact histo- ry of the Galley Ho is not well known, but the building is probably about 100 years old. It is believed it miI~once have been a barge and also b~sed to make shipping barrels for Peconlc Bay oysters. Before 1963, it stood near the town beach on Jackson Street, just three blocks from its current location, where it was a bayfront diner known affectionately as the Coney Island Building. It was renamed the Galley Ho after it was moved to the current site at the end of New Suffolk Avenue. The building is registered with the Society for the Pres- ervation of Long Island Antiquities. The building can't be used as a res- taurant without a Zoning Board vari- ance, since current zoning doesn't permil restaurants in the marine zone. The fund has been using it as a meeting space and renting it out for community events. The organization is considering filing a ZBA application to permit its use as a small eatery in the future. Ms. Schnitzler hopes that after the Galley Ho is moved, the town will des- ignate it a local landmark. "It's really served well as a com- munity center," she said. "We have a chance now to fix it for good. "We've learned to be very patient and take things in stride," she added, referring to the seven years fund mem- bers spent trying to create a public space for the community. "In the end, we're pretty optimistic. We have great community support and volunteers." b~ounl4~timesreview, com OPEN THAN[ Join us from 1 p.m. thr Traditional Thanks Open Fri., Sat., Sun. for dinne Our bar is open Wednesday RESERVATIONS: (C A~ Pl~s'roN's ?HARP 102 M^ New Suffolk Waterfront Fund ~Move Historic Galley Ho Back From B~I~- North Fork, ... Page 1 of 3 NorthForkPatch Home I News t Eventa I Direotorv I Pics&CtiDs ] Patch Newsletter Nearby- Joi~n eJQnln Update: Want to bloB? Email Erin Schultz at erins~.patch.com 40° H01idavs I RealEstate I MoreStUff Go~vernment, Volunteers in the News. Business ~1 ~ New Suffolk Waterfront Fund to Move Historic Galley Ho Back From Bay W~th much of its bulkheed and foundation destroyed by Hurricane Sandy, the Galley Ho will relocate farther away from the watadront in New Suffolk. ByErln ~chultz Emailthe author 6:00 am Tweet Email Print Comment Related Topics:Galley HO. Hprrlcane Sandy, New Suffolk Waterfront Fun{~, and $outhotd Town For decades, the wooden building that once housed the Galley HO restaurant stood only 18 feet from Peconic Bay on the small New Suffolk watadront property at the end of New Suffolk Road. But after Hurricane Sandy swept through and undermined the structure's aging foundation and bulkhead that was supposed to protect the building from storm surges, members of the New Suffolk Waterfront Fund have decided that it's time to relocate the old Galley HO. The building won't go too far -- the plan is to find a spot on the now-preserved watarfront property about 50 feet away from the bay rather than 18 feet Barbara Schnitzler, head of the New Suffolk Watedroot Fund, said that the group is working with the town and other agencies to secure proper permits as they make the move "As soon as the gas lines are disconnected, which should be soon, the building will be lifted and moved back to a temporary spot while we determine the final location," Schnitzler said on Tuesday "We are still working on our site plans but we do know we want it to be 50 feet back from the bulkhead. It's stilt sitting in an extreme flood zone." Representatives of the Waterfront Fund will meet with the Southold Town Zoning Board of Appeals on Jan. 3 to discuss reinstating preexisting use of the Galley Ho building as a restaurant -- something that Schnitzler said many people v~)uld like to see. "From all the outreach we've done, people want to see a restaurant or caf~ in the building, which will still have that same great wew of the water," she said, The ZBA will also address the change of a lot line in regards to the sale of an acre of the waterfront properW to Louis Moore Bacon, owner of Robins island and head of Robins Island Holdings, LLC. Bacon, a noted hedge fund trader and head of Moore Capital Management, has proposed the creation of a maritime grassland preserve with a portion for seasonal parking and the addition of a small boat shed to an existing building on the property Schnitzler said that the Galley Ho building will be stabilized on a crib once it is moved to its temporary location and that restoration plans are in the works For more infomlation contact Ba~ara Schnitzler at 917-379-5647 or ge to www. neweuffolkwaterfron£orq, Email me updates about this story, E~ter your emad address Keep me posted http://n~rthf~rk~patch~c~m~artic~es/new~suftb~k-waterfr~nt-fund-t~-m~ve-hist~ric-ga~~ey-~~~ 12/19/2012 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, JANUARY 3, 2013 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 tt79, Southold, New York 11971-0959, on THURSDAY~ JANAURY 3,2013: 11:00 A.M. - NEW SUFFOLK WATERFRONT FUND~ INC. and ROBIN'S ISLAND HOLDINGS, LLC - #66t6 - Request for Variances from Art. XlII Code Section 280-56 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for a permit for a minor subdivision at; 1) lot size less than the code required 80,000 sq. ft. per Bulk schedule in Mil District, 2) lot size less than the code required 160,000 sq. ft. for the proposed second use, located at: 650 and 380 First Street (corner Jackson Street, Main Street) (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#t000-117-8-18&19 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.n¥. us Dated: December 10, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 1197t-0959 TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- z/'q,.5 ~gg~ /1~. -g-18 COUNTY OF SUFFOLK STATE OF NEW YORK I, ~'~O bl/~ Iv~ql'CF]tO residing at New York, being duly sworn, deposes and says that: On the /~,al day of'~_.eti {ae~e- , 2012, I personally mailed at the United States Post Office in.MC LO ~._ta ~ [1( , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) Coumy 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) Swom to before me this /~ d7of ~~ ,20'~ ~~o~ Public) ~~ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ~.1 ~~t~IAL USE Cer~fied Fee rtJ m [ ,~bra~b~lAL USE DI ~lu~i~L USE ~).~5 r"l (EndorSement Required) p- USE r--I postage ~). ~5 ~ i i-"~ Total Post~ge & Fees $ ~.~5 · 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 mallpiane, or on the front if space pemnits. 1. Article Addressed to: r'~ Yes D. isdetive~yaddresscliffemnt fmmltem 17 .~No ff YES, enter delivery addmes below:. . [] Celtlflecl Mall [] Reg~tered [] Insured M~tl I-I Retum Recetpt for Memha~dlse [3 C.O.D. 4. Restricted Detlva'y? ('ExUa Fee) [] yes 2. ArticteNumber 7010 1670 0002 0063 2915 PS Form 3811, February 2004 Domestic Return Receipt NEW SUFFOLK WATERFRONT FVN~. creating the future of our waterfro~ PROOF OF MArl.lNG OF NOTICE Nflme: li~-q-Bl ~eo~e Mau~ STA~ OF ~W YO~ CO~ OF SUFFOLK Sworn to before me ltliS / ~ 0~ Day of ~"~.-~, 20 / ~7~ PO Box 146, Ne~ Suffolk, NY 11956 ~' www. newsuffolkwaterfront.org TOWN OFSOUTHOLD ZONING BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Nan~e'of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- [I '~ "' ~ '"' COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~-~t4/~t~.44~ ~(.~Ata~t~.O~residingat ~/'~L~ 0~ [4"Mr~q~V ~ ¢0~ ~ 1~{_.---~ , New York, being duly swam, depose and say that: On the ~ day of ~F~ ,201~., I personally placed the Town's Official Posteh with the d~e o~earing 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) dayj. prior to the date of the subject hearing date, which hearing date was shown to be ~_~c~ ~-o ~ ~ ! 9~ Swam to before me this Day of *'~X~ ,.2~ I~ (Notary Public) / - (Signature) ALBENA MITOVA NOTARY PUBLIC-STATE OF NEW YORK No. 01MI6249B41 Qualified in Suftolk County My COrflffillllon Expires OctoDer 1 I, 2015 * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Colaple~ I~ 1, 2, m}d 3. Also complete Item 4 If Reelected Dellva7 Is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mallpiane, or on the front if space permits. s~g aure A~Sig~la. tu' O~ ~ ~ =Agent B. ~e~v_ed by ( P~nt~ ~ame) lC. Date of Dellve~ D. Is delive*y address dlifemnt from Itgtn 17 [~ Yes If YES, enter dellve~J address below: [] No '2, ~Ntlc~e Number =am 3811, February 2004 70t0 1670 0002 DomeStic Return Receipt · Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired, v [] Agent · Print your name and address on the reverse A [] Addressee so that we can return the card to you. B. Received by (printed Name) I C, Date of De[ivel7 · Attach this card to the back of the mallplece, or on the front f space p~ ,,,;t~. D. Is deli,,~y ~.:'-::i--- .Ji~f~=,,l ~mm item 1 ? [] ,,,, ,, J,,_ l = [~ ~ ~670 0002 0063 2939 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. t. Article Addressed to: 2. Azticle Number (Transfer from service/abe0 [] Agent C. Date f Deli~ ry D. Is delivery address different from item 1 ? LI Yes If YES, enter delive~j address below: I-1 No 3. Se~ice Type [] Celt~ed Mea [] Express Mall [] Registered [] Return Re(=elpt for Membendlae [] Insured Mall [] C.O.D. 4. Restricted Deliver? (Extra Fee) [] Ye~ 7010 1670 0002 0063 2946 PS Form 3811, February 2004 Domestic Return Receipt 10259.5-02-M-1540 ! NEW SUFFOLK WATERFRONT FUN Ns,me~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECE1VFS creating the future of our waterfron~ STATE OF NEW YORK COUNTY OF SUFFOLK ' , ~g /~ day of set fo~ & ~e ~ Appli~fion, d~ to ~ of~e ~ve n~ ~ns ~ ~ ad~ o~osite ~e ~ of s~d p~ ~ ~e M~ ofs~d ~ns ~ ~ ~ ~ ~t assault mil of~e Town of So~oI~ ~t ~d Nofi~ w~ m~l~ at &e U~t~ S~ Post Offi~ at , ~ ~d Nofi~ w~ m~l~ to ~ of ~d ~m by Sworn to before me this Day of ~~, 20 PO Box 146, New Suffolk, NY 11956 o.~' www. newsuffolkwaterfront.org · 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: Po r'l Agent [] Addressee C. Date of Delivery D. Is del[vay address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type I'1 Cetifled Mall [] Express Meil [] Registered [] Retum Receipt for Merchandise [] Insured Meil [] C.O.D. 4. Restdnted Deiive~j? (Ex/re Fee) [] Yes 7010 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1,2, ~.'AlS° Complete ~m ..~ item 4 if Restricted Delivery Is desired. X~~J ~.~ [] Agent · Pdnt your name and ~ad,~.p~ the reverse X ? [] Addressee so that we can return third to you. ~~B, v n C. Date of Delivery · Attach this card to the back of the mailpieca, or on the front if space permits. D. Is deUve~y address different from itern l? [] Yes 1. Article Addressed to: . ff YES, enter deliver -- 8. Service Type ,~ [] CerUfled Mall Ex [] Insumcl Mall [] C.O.D. 4. Restricted Deliver? (Extra 2. Ar~cleNum~ .... ~ nn6~ 990' --{~ (rransferfmmse~celabeO 7~10 '~7~ ~JUUr' UU ..... · Complete items 1,2, and 3. Also complete A. $1gng~un~ ~ item 4 if Restricted Delivery is desired. X ' ''~ '/ "//~ '" //~' ~-- u Agent · Print your name and address on the reverse ../'&"(/~/"c-~'c [t ~/~ -- '- [] Addressee so that we can return the card to you. ~)*B' Received by ( Pfin~=d Name) C. Date of Delivery · Attach this card to the back of the mailplece, ~(,,,~e__,~..- or on the front if space permits. D. Is delivery addr~-==s different from Item 1 ? [] Yes 1. Alt[cie Addressed to: If YES, enter delivery address below: [] No r~ Ceffifled Mall [] Express Mall [] Registered [] Retum Receipt for Metchand~se [] Insured Meil [] C.O,D, 4. Restricted Delivery? (Extra Fee.) r-I Yes 2. ~ Number PS Form 3811, February 2004 Domestic Retum Receipt 10P.595-03-M-1540 ! 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.northt'ork.net December 10, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday, January 3,2013 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 Suffolk Times. 1) Before December 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearinq, providing the returned letter to us as soon as possible; AND not later than December 24th: Please either mail or deliver to our office your Affidavit of Mailin,q (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 December 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents 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 PostinR for receipt by our office before December 31, 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, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: NEW SUFFOLK WATERFRONT FUND INC. & ROBIN'S ISLAND HOLDINGS, LLC. # 6616 SCTM #: 1000-117-8-18 VARIANCE: LOT SIZE/S ND USE REQUEST: MINOR SUBDIVISION/LOT LINE DATE: THURS., JAN. 3, 2013 11:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 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.n~rthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 20, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 NOV 2 0 2012 Re: ZBA File Ref. No. #6616 & 6617 NEW SUFFOLK WATERFRONT FUND, INC. 1000-117-8-18 & 19 Dear Mark: We have received an application for a subdivision/lot line change, and a Special Exception for second use on parcel #1 for marina and restaurant. 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 I~. Chair~ By: ~ Office Locatio~n: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.nortlffork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Planning Board ~IOV 2 0 2012 Leslie K. Weisman, ZBA Chairperson November 20, 2012 Request for Comments ZBA #6616 & 6617 NEW SUFFOLK WATERFRONT FUND, INC. As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZB.__~A{ ZONING REQUEST SURVEY PREPARER ZONE CODE .DATE STAMPED NEW 1000- 6616 Article Subdivision/lot July 5, Barrett SUFFOLK 117-8-t8 & XlII, line change & 2012 Bonacci & WATERFRONT & 19 6617 Section Special Van Weele, FUND, INC. 280-56 Exception for PC marina & restaurant Your comments are appreciated within 30 days. Thank you. Ends. 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 20, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6616 & 6617 Owner/Applicant: NEW SUFFOLK WATERFRONT FUND, INC. Action Requested: Subdivision/lot line change, second use on parcel, marina & restaurant. Within 500 feet of: ( ) 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, EnOs. Leslie ~:~,3 Weisman / / , ~ \ \ F ....... I _ / Z J...- ~---~J / / // % . < /'¢" \ I ~ -- ~ -- -- .,4. o e / I, // '- .. ~ / ~ I ~ Z 0 O X ~ / MARINAACCESSORY /¢/. : .. : . ! · ' · k'k PARKING REQUIREMENTS ,~ ¢'_, ~ ) '%~,~, · , ~ ~'~/ L; 66 SEATS 81 SPACE/3 SEATS ('/ ~/~ "~ m~' ~/ ~ ~ (P :1 SPACE .L~,'- "'"-..-'~'~'~'I' · ~6BOATSUPS:~ACE/SUP ¥¥~~i ·" ' ~ ~ 88 SPACES ~'~ ~ ' <--""'~ ~ ~,~, TOTAL: 1 HA~N~D~'~,~(PACE ~ *~ ~ February 38 REO. UIRED SPACES ~ .~ ~/~: 4~1~~,. 40 PROVIDED SPACES ~ ~ ~ ~ ---' SCALE: NT'S INFORMA'I'ION USED ON 11--i15 SURVEY BY: BARRETT BONACCl & VAN WEELE, PC SURVEYED: JULY 5,2012 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 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 February 8, 2013 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 RE: ZBA Application #6616, NSWF Fund, Inc. FEB 1 2013 ~outhotd Town Flashing Board Dear Ms. Wickham: Transmitted for your records is a copy of the Board's February 7, 2013 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please contact the Planning Board regarding the next step in this subdivision process. Sinc~r..esly,/~--~ Vicki Toth Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Planning Board pECONIC N CUTCHOGUE HARBOR SECTION NO