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HomeMy WebLinkAbout1000-117.-8-18 & 19 T W "PPNOXIM" E OC" ONO &STNG W"1ER Wl. W W W W W W W W W W W W W W W I FIRST STREET N 06'54'30' E b 302.52' 302.52' b N 06'54'30" E 272.54' FGS 9 Os Flrm rmeET ~ EW RAT r wcE X 777.54' - - D 0 it OD 32.20' - INE 211.02' UNN 'FENCE Q OyER LEwCHIxC ONP LE SPOOLS El I 1i 04'53.5'E E WOOD POSTS GRAVEL PARKING AREA , Q POST ,x,11 a : a ` a"e%le S IAKL O 1 d IW REMAINS OF POST t RAIL FENCE O O I W tll r \ IFI',': '.~1 T N 0654W E 177.55' HOT BOXY J nus s u o epm Q I s; ~T"NN c W PROPOSED NYS O°RHP ISSS I ~ k M) 40 s N TAX LOT 20 ° r 2R.3 EASEMENT AREA r n II O d WA///~¦ SMUT 1] LAND NOW OR FORMERLY OF Z MwsoNRr i ROBINS ISLAND HOLDING, LLC: (46779 IF TO 7HE y 4 O APPARENT H/G+! WATER LINE J (n W W I Z Y smEEr '"BOAT BAStN' n L{ M `I BUILDING S OB94:T0' W 15Q58' 51,993 Sr TD HIGH O W WATER LINE DESCR18ED - - - - - - - - - 9 e W IZ_ 11 (GARAW W/ IN L. 12848 P. 869) I m x d' K S 1272'21 W o Y 2" s 1.0E SUBJECT BARN 70 A PECON/C O PREMISES 3 o~ Nc~e 'IKEA 70 BE SUBJECT 70 A PECON/C N 83'1!'31` W GRAN PARKING AREA LAND ?RUST CONSERI'A77CN E4SENEN7 1&63" N* (f1.118 ACRES) Z I770V EASEMENT" I R STORAGE M 06 O YtES) 302' A c~ Z 2 i KEY MAP a i "=500' I o Vey, ry OQ P MP _ yi 3 \.S 5 ¢R O WO I I - - i11 G,U 0- 21 t. . ,I ~ &A, e 11 kS- W W 9' O; I' (o Z u. 2pNe ~D7v PARCEL 2 S 834621' E 634621" E FT4ST STREET 40.23' CEL 2 PARCEL 7 m m p 40.23' 64 " `wr TAN <I 'I o I a 11 a u , W W LS 82'14'52' E WT ti IN N II a 20.90' 82'14'52" E 20.90' TA% LOT N 067300" E / 10 S arav30' W S 02.20'34' W S 1478'38` 1y 16.83' 51.52 48.86' "°°s R4 49.50' 0 0 o gl ® O ! woOO wpOO (\hJ J) S 20'21'43' W W S O POSTO WOOD POSTS POST RAMP CON~ GGWR 0 .G.1' Q 9 12.03' g Z6+~~ O\~~~ O\ 1 , ~.A I S 83'55'53' E 83'55'53' E Q+ OR c°K uNi 1 STORY 39.16' 39.16' " $ W e.>Q. 0.(1C MARINA PAD ((.,1 4 • CONCPP.L~AE" I µp00 RAMP O. n FUEL ACCESSORY TLNN `fik M ` ~..WP///POLUL i 391' d 05 EXMTM LOTS e .9,• 2EY P MENT). 1 J ,moo /Mot e - zz _o a R.,. G A \ ' . t -1/2 S Ry/CAFE . s ~ S 63'43'00' E 63.43'00" E N.T.S. Z o~ Ct/ sa,sy. a MARINA ACC ESS e P 18.38' 18.38' wMS PROPOSED NYS OPRHP .W "NNO uNC S 00'47'07' E EASEMENT AREA I 12S 00'47'07' E "0, . w nV"INO wood WALK MW .c! E 12.17' loqui 021' 1202'217' µn00 wOOO 9uLKHEnO S 9? 2.54' 02'22'54" E S 03'16'95" E 02'0 *4 • W 5.32' 5.32' W TAX LOT 21 N*4%, S RAMP 34' 28. S 01'30'29' W 24 • • o S t 0 35.4A°e • 25.20' SV M 8 L S 00'55'44" E • O p $ SOa A{A 0 32.88' Q LAND NOW OR FORMERLY OF TOWN OF SOUTHOLD v~ O ~J 31' S1,s~j090 • o • • • p .@7, ggry S 3215'54" E ' • • o p 9.16' S TAX LOT 22 & 23 11.4'14' E 0 2 • • r I ',puAnn " 11.26' LAND NOW OR FORMERLY OF a N 89"3108' E TOWN OF SOUTHOLO ~ APPROVED BY ~ APPROVED: 4f,e-b~7e PLANNING BOARD h7®d~~fidri 1z^~ Z a y 14.84' "BOAT BASIN" • 6 Tn:a. .1 r~r r . rmi 1.~r n e yr .5',lV rnVLV LXI a o i DATE 'K&/ 5 83'17'57' E a013 I 10.90' I 8 'r~~ I(~~ WW FEB 212013 1 a CY Southoltl Tawn I S 7717'40' E 4 a • Planning Board 37.66' PILE TYP R o • w Is 02/19/13 MAR REVISED FOR PLANNING BOARD SUBMISSION ONLY I a a Q~ = 1 S 7' m S 823.01' E QQ,, 10/24/12 CW NSWF, INC. COMMENTS 23.01' I O PTV 9/11/12 CW DIVISION LINE I q a R 2 O ° SM15Yf'E Dote BY Revision I M lldf' I O Su Drafted . Cyy ticked by: a 1 ° a ~ OwF. UM DATA Barren TOTAL NO. OF LOTS 2 TOTAL AREA 169.444 SQ.FT. TOTAL UPLAND AREA 162,396 SQ.FT. I J BBV Bonacci & SCHOOL DISTRICT NEW SUFFOLK Van Weele, PC FIRE DISTRICT CUTCHOGUE Civil Engineers 175A Commerce Drive ZONING MARINE II MINIMUM LOT AREA 80,000 SQ.FT. Surveyors Hauppauge, NY 11788 7631.435.1111 MINIMUM LOT WIDTH 150 FEET Planners F 631.435.1022 MINIMUM HEIGHT 2 STORIES / 35 FEET QO V ° ~ N aO / ( 1 8 www.bbvpc.com MINIMUM FRONT YARD SETBACK 35 FEET O I MIML MILD U\ J° O a a• SAID I fit.. ao a s W E I rwM •N MINIMUM SIDE YARD SETBACK 25 FEET / 50 FEET TOTAL I O MINIMUM REAR YARD SETBACK 25 FEET ae zc' Pn TEST HOLE R7 TFST H0 F R9 W~ IN Tax Map: DISTRICT 1000 SECTION 117 BLOCK 8 LOTS 18 & 19 PROPOSAL: TRANSFER 48.689 S.F. OR 1.118 ACRES FROM TAX LOT 18 (NEW PARCEL 1) No EW M CM a Ca9&~w lydNakdM~.lgnlH nql lh"phl PROPERTY TO TAX LOT 19 (NEW PARCEL 2)~~ p/~ SAND OW MOAN! ANI) d the property depdd heron vm. mode In TOTAL LOT AREA PARCEL 1 a 2 • Ipp4~+ SM Fr. OR Savo ACRES ae• On" r land 5°wryr. odopred by the rbrv Yak Sw EXIS17NG LOTS TAX LOT 10 TAX LOT 12 Aaaeiailm d Pdwlwml lad s~rvevre. This SITUATE oerllNmwn"arH hxth° ladr d.pkled Iremon LOT AREA 149.325 SO. FT. OR 3.428 ACRES 20,119 SQ. FT. OR 0.462 ACRES IMMI IN ix WAIq W P UPLAND AREA 142.277 SO. FT. OR 3.266 ACRES 20,119 SQ. FT. OR 0.462 ACRES I E 1i FlNE TO FlNE la NEW SUFFOLK Hwih.w ' mlef n COAMg wlo~ my solo sw TOWN OF SOUTHOID SUFFOLK COMM, NY PROPOSED LOTS PARCEL i PARCEL 2 NEW LOT AREA 100,636 SQ. F7. OR 2.310 ACRES 68,808 SO. FT. OR 1.580 ACRES UPLAND AREA 93,588 SQ. FT. OR 2.148 ACRES 68,808 SO. FT. OR 1.580 ACRES n LINE OF NEW YORK STATE LAND GRANT lr yw na NEW SUFFOLK WATERFRONT BEACH AREA 4,229 SO. FT. OR 0.097 ACRES 5,857 SO. FT. OR 0.135 ACRES I FILED OCTOBER 1901 USER 510 PAGE 373 I DTEST HOLE ON 11) Wa BY ( u~ uI h 16a LOT CHANGE Is a vlahllm of btllan 72W or New Y°dt BUILDABLE AREA 89,359 SQ. FT. OR 2.051 ACRES 62,951 SO. FT. OR 1.445 ACRES - (AS SHOWN O ON PREVIOUS SURVEY BY Mi00N'LL° °Eaw ssv. .ter la.. PREPARED FOR: WILLIAM T BRYAN. L.S. DATED MAY 22. 2000) MAY 10. Y00e 0+0..f dnem~ ssp rw be°nrg tM bd NEW SUFFOLK WATERFRONT FUND, INC. - - - - - - - - - - - - - - - - - - - - - - - J li The aNseloar din•nilaw,lima ham sm cams na Ilb Fop" fines ore 6 a specific pulpwe and use, and Ihemlam, are not Intended to guide in in, eeaeyars emhaeed.1 nd slur u.,h°II 650 FIRST STREET, P.O. BOX 146 mr be mmldemd abeamie aid weld ~w NEW SUFFOLK, NY 11956 2012 BBV PC hmces, leloining Walb, pooh, pow, planting clew, additions b 6uildingt and any olhw caWmdbn. Subsudam and mencomenbl mndillom were n dad b gulch in the erecnan d venal mndln.p s were rd mmmined Date Sca is ProjacL No. eel No. I IAL MM VIEW: MAP or cwWdemd w o pall of fhb wluey. Eaxmmb, RlghboFWay OF mcord, if any, am no ehwm. PlapeN comes monFlnenb Wem not placed w a pan c rnaplamdasapanofthis survey. JULY 5, 2012 1"= 30' A120278 of 1 • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J. WILCENSKI OF SOUryolo Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY N 54375 State Route 25 JAMES H. RICH III G O H. SIDOR (cor. Main Rd. & Youngs Ave.) MARTIN ~ Southold, NY Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 2, 2013 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Extension of Final Plat Approval - Proposed Lot Line Modification for New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC Located on the a/s/o First Street, approximately 32.20' s/o King Street, New Suffolk SCTM#1000-117-8-18 &19 Zoning District: MII Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, July 1, 2013, adopted the following resolution: WHEREAS, this proposed Lot Line Change will transfer 1.12 acres from SCTM#1000- 117-8-18 to SCTM#1000-117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres, and SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres in the Mil Zoning District; and WHEREAS, on April 8, 2013, the Southold Town Planning Board granted Final Approval on the maps entitled "New Suffolk Waterfront Lot Change", dated September 11, 2012 and last revised February 19, 2013, prepared by Barrett, Bonacci and Van Weele, PC and authorized the Chairman to endorse the map; and WHEREAS, a copy of the recoded deeds must be submitted to the Southold Town Planning Department within 62 days of the date,of Final Approval, or such approval shall expire and be null and void; and WHEREAS, on May 31, 2013, the agent submitted a request for a 90 day Extension of Final Plat Approval due to delays related to the final closing of the property; and WHEREAS, on July 9, 2013, Final Approval shall expire; be it therefore New Suffolk Waterfront Fund Paqe Two July 2, 2013 RESOLVED, that the Southold Town Planning Board grants an Extension of Final Plat Approval through October 9, 2013 on the maps entitled "New Suffolk Waterfront Lot Change", dated September 11, 2012 and last revised February 19, 2013, prepared by Barrett, Bonacci and Van Weele, PC. Please submit a copy of the recorded deed to the Southold Town Planning Department within 90 days of the date of the Final Approval Extension or such approval shall expire and be null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~QF sour P.O. Box 1179 DONALD J. WILCENSKI 0~ yQl Southold, NY 11971 Chair O OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H. RICH 111 (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR IyCOU'M Southold, NY n 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 9, 2013 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: SEQRA & Final Plat Approval Proposed Lot Line Modification for New Suffolk Waterfront Located on the a/s/o First Street, approximately 32.20' s/o King Street, New Suffolk. SCTM#1000-117-8-18 &19 Zoning District: MII Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, April 8, 2013, adopted the following resolutions: WHEREAS, this proposed Lot Line Change will transfer 1.12 acres from SCTM#1000- 117-8-18 to SCTM#1000-117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres, and SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres in the MII Zoning District; and WHEREAS, a Lot Line Modification Application was submitted on November 19, 2012; and WHEREAS, the Zoning Board of Appeals (ZBA) requested comments from the Planning Board regarding Area Variances for Lots 1 and 2; and WHEREAS, on December 18, 2012, the Southold Town Planning Board at their Work Session reviewed the application, responded to the requested ZBA comments and found the application incomplete. The Planning Board supported the requested Area Variances for Lots 1 and 2 because future development of the above-referenced property will be limited and the view shed to the water will be preserved through the Conservation Easement placed over key areas of the properties. These goals are consistent with the Town's Comprehensive Plan; and WHEREAS, on January 10, 2013, the agent submitted the requested items at the December 18, 2012 Work Session; and WHEREAS, on January 10, 2013, the agent submitted a draft Conservation Easement on Lot 2; and New Suffolk Waterfront Fund Page Two April 9, 2013 WHEREAS, on February 13, 2013, the agent submitted a copy of the Zoning Board of Appeals' Findings and Deliberations where they granted the requested variances; and WHEREAS, on February 21, 2013, the agent submitted revised plans as per the Board's request at the December 18, 2013 Work Session; and WHEREAS, on February 25, 2013, the Planning Board at their Work Session reviewed the revised submissions and found the application complete; and WHEREAS, on March 8, 2013, the agent submitted a DEC permit; and WHEREAS, on March 18, 2013, the Planning Board held and closed the Public Hearing; and WHEREAS, on April 8, 2013, the Planning Board at their Work Session reviewed ^omments from the Public Hearing; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this lot line change that would adversely affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on April 8, 2013, the Planning Board has at their Work Session determined that the proposed action meets all the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore New Suffolk Waterfront Fund Page Three April 9, 2013 RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; and be it further RESOLVED, that the Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; and be it further RESOLVED, that the Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval of this lot line modification; and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval on the maps entitled "New Suffolk Waterfront Lot Change", dated September 11, 2012 and last revised February 19, 2013, prepared by Barrett, Bonacci and Van Weele, PC and authorizes the Chairman to endorse the map. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this lot line change may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Assessors I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. v.-- Signature of Applicant or Agent Print Name • • P~ Mrs i~, Sabatino, AI andra K. From: awickham@wbglawyers.com Sent: Wednesday, August 07, 2013 10:33 AM To: Sabatino, Alyxandra K. Subject: New Suffolk Waterfront Fund, Inc. Lot Line Modification (Recorded Deeds) Attachments: NSWF Deed Parcel 1.pdf, NSWF Deed Parcel 2.pdf Hi Alyxandra, attached are copies of the recorded deeds as required by the Board's resolution of July 1, 2013. Donna McGahan Paralegal to Abigail A. Wickham, Esq. Wickham, Bressler & Geasa, P.C. 13015 Main Road P.O. Box 1424 AUG - 82613 Mattituck, New York 11952 631 298-8353 631 298-8565 (Fax) - awickham,/&wbglawyers.cotn This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attomey-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e- mail in error, please immediately notify the sender at 631-298-8353. 1 A..:. • CC # : C13M351 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 0713112013 under Liber 000012738 and Page 686 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/3112013 SUFFOLK COUNT//Y~~ CLERK JUDITH A PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/31/2013 Number of Pages: 5 At: 04:19:39 PM Receipt Number : 13-0094101 TRANSFER TAX NUMBER: 12-29552 LIBER: D00012738 PAGE: 686 District: Section: Block: Lot: 1000 117.00 08.00 018.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $2 00 NO TP-584 $5.00 NO Notation $00..00 NO Cert.CO ea $ pi $5.20 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO TRANSFER TAX NUMBER: 12-29552 Fees Paid $390.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE " County Clerk, Suffolk County l • PECORDED Number of pages -5 '00 JUl 31 04:19:3•3 PM JUDITH P. PRSCALE OF This document will be public :SUFFOLK COUMTP L 1)00012,;8 record. Please remove all P 685 Social Security Numbers DT# f2-29552 prior to recording. Deed /Mortgage Instrument Deed / Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page / Filing Fee Mortgage Amt. _ 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit Notation or EA-52 17(County)__Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX Dual Town _ Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit • • •1 Mansion Tax _ ll( J Yeertified dopy _ rJ 2-0 The property covered by this mortgage or will be improved by a one ne or or two NYS Surcharge 15. 00 family dwelling only. Sub Total-' YES or NO Other ~r ;1„0 Grand Total f ` If NO, see appropriate tax clause on page of this instrument. J / r 4 Dist. ]01 13019580 1000 11700 0800 oieool ~P^ 5 Community Presematlon Fund Tax ServR CWH A A) Consideration Amount $ Real Property II I ~ i > Agency 3/ CPr Tax Due S._ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land Wickham, Bressler & Geasa, P.C. TD P.O. Box 1424 Mattituck, NY 11952 TD k. Attn: Abigail A. Wickham, Esq. TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name Advantage Title Agency, Inc. www.suffolkcountyny.gov/clerk Title # 13-CS-46276 - Ctsy 8 Suffolk Count Recording & Endorsement Page This page forms part of the attached DEED _ made by: (SPECIFY TYPE OF INSTRUMENT) New Suffolk Waterfront Fund Inc.___ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold New Suffolk Waterfront Fund. Inc In the VILLAGE or HAMLET of-N(;w olk___ _ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • 0 IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, 'you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10,E and on or before May 3%. Failure to make payments in a timely fashion could result In a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk dw 2/99 ,za,a.amsw Standard N.Y.B. T.U. Fonn 8002 - Bargain and Sale Deed. with Covenant against Grentols Acs - Unvano Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the /0 day of July, 2013 BETWEEN NEW SUFFOLK WATERFRONT FUND, INC. a New York not-for-profit corporation with offices at 650 First Street, P.O. Box 146, New Suffolk, New York 11956, party of the first part, and NEW SUFFOLK WATERFRONT FUND, INC. a New York not-for-profit corporation with offices at 650 First Street, P.O. Box 146, New Suffolk, New York 11956, party of the second part, and WITNESSETH, that the party of the first part, in consideration of Ten and 001100-($10.)--Dollars, and l other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part ~fld forever, All that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows on Schedule "A" attached hereto. 740 BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part y by deed dated December 17, 2010 and recorded on December 23, 2010 in the office of the Clerk rl of the County of Suffolk in Liber 12646 at Page 869. The Southold Town Planning Board approved this lot line modification by resolution on April 8, y 2013. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and Will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: NEW SUFFOLK -W'ATEER,F-/R,O-NTtF~U~ND, INC. By: 0y~' 6tN~N~N Ra/nsappmvalsIdeednsfw B rbara Schnitzler, Chair BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN New York STATE State of New York, County of Suffolk as: State of New York, County of as: On the /B*day of July, in the year 2013, On the day of , in the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared BARBARA SCHNITZLER personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within Instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heritheir me that he/shetthey executed the same in hisRwr/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of which the individ~uuaaF~lfS{j~ acted, executed the instrument. the individual(s) acted, executed the instrument. Cl (signature *)(I offic65o1olintllwrYuel taking ecknowietlggm~enl) (signature and office of Individual taking ecknovdetlgmenl) Notary Public MICHAEL P. UCITHA Notary Public Notary Public, State of Now York No. OJU4699145 l y Qualffied in C tpNea June 2222, 15 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of __ss: On the day of , in the year 2012 , before me, the undersigned. personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/herAheir capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the Instrument and that such individual made such appearance before the undersigned In the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of i : 11 id takmg acknowledgement) Notary Public qp( koo BARGAIN AND SALE DEED SECTION 00 WITH COVENANTAOAINSTC N O „S ACTS l,LI BLOCK UO Title CO CS- ((Op S d t^/ LOT p i Q _ O/ l 8 I ® NEW SUFFOLK WATERFRONT FUND, INC. COUNTY OR TOWN TO NEW SUFFOLK WATERFRONT FUND, INC. Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY T N uh c q M, BteSs r+6easa-, Po. h X lya~ W - V O tl 02_ K O u rc 0 rc 0 !i 6 N_ W VN~r 6 SCHEDULE°A" (1 of 2) Description New Suffolk Waterfront Parcel I ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the intersection of the easterly side of First Street with the northerly side of Main Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 272.54 feet along the said easterly side of First Street; THENCE South 83 degrees 47 minutes 30 seconds East, 134.00 feet; THENCE South 02 degrees I I minutes 44 seconds West, 1.79 feet along the apparent high water line to a bulkhead; THENCE the following seventeen (17) courses and distances along the apparent high water line and generally along a bulkhead: I. South 83 degrees 46 minutes 21 seconds East, 40.23 feet; 2. South 82 degrees 14 minutes 52 seconds East, 20.90 feet; 3. South 83 degrees 55 minutes 53 seconds East, 39.16 feet; 4. South 83 degrees 43 minutes 00 seconds East, 18.38 feet; 5. South 00 degrees 47 minutes 07 seconds East, 12.17 feet; 6. South 02 degrees 22 minutes 54 seconds East, 5.32 feet; 7. South 80 degrees 24 minutes 48 seconds East, 3.32 feet; 8. South 02 degrees 31 minutes 37 seconds East, 44.19 feet; 9. South 02 degrees 02 minutes 45 seconds East, 28.54 feet; 10. South 03 degrees 16 minutes 25 seconds East, 24.34 feet; 11. South 01 degrees 30 minutes 29 seconds West, 25.20 feet; 12. South 00 degrees 55 minutes 44 seconds East, 32.85 feet; 13. South 28 degrees 59 minutes 55 seconds East, 70.80 feet; 14. South 32 degrees 15 minutes 54 seconds East, 9.16 feet; 15. South 22 degrees 14 minutes 14 seconds East, 11.26 feet; 16. North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 17. South 28 degrees 55 minutes 00 seconds East, 33.09 feet to the apparent high water line; THENCE the following eight (8) courses and distances along tie lines, along the apparent high water line, part of the way through ajetty: I . South 83 degrees 17 minutes 57 seconds East, 10.90 feet; 2. South 77 degrees I 1 minutes 40 seconds East, 37.66 feet; 3. South 81 degrees 15 minutes 12 seconds East, 23.01 feet;(referred to below as "Point A"); 4. South 06 degrees 54 minutes 30 seconds West, 19.07 feet; 5. North 86 degrees 03 minutes 16 seconds West, 81.72 feet; 6. South 58 degrees 39 minutes 33 seconds West, 42.58 feet; 7. South 47 degrees 05 minutes 00 seconds West, 73.61 feet; SCHEDULE "A" (2 of 2) Description New Suffolk Waterfront Parcel 1 8. South 37 degrees 54 minutes 57 seconds West, 27.65 feet; THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southerly side of Main Street; THENCE the following two (2) courses and distances along the easterly and northerly side of Main Street: 1. North 06 degrees 13 minutes 00 seconds East, 49.50 feet; 2. North 83 degrees 45 minutes 00 seconds West, 192.94 feet to the easterly side of First Street and the POINT OR PLACE OF BEGINNING. Containing 93,588 square feet or 2.148 acres of land, more or less. SCTM Reference: 1000-1 17-8- p/o 18 Together with the portion of the rock revetment which is located under the apparent high tide line on July 10, 2012 and described as follows: Beginning at Point A in the aforesaid description and running thence along the high water line set forth in deed from Peconic Land Trust Incorporated to New Suffolk Waterfront Fund, Inc. recorded in L.iber 12646 page 869, the following five (5) tie line courses and distances along the former high water line of Cutchogue Harbor, on and through a stone jetty: 1) South 81 degrees 15 minutes 12 seconds East, 21.64 feet; 2) South 74 degrees 46 minutes 39 seconds East, 62.60 feet; 3) South 04 degrees 11 minutes 29 seconds East, 33.72 feet; 4) North 88 degrees 43 minutes 33 seconds West, 176.52 feet; 5) North 63 degrees 27 minutes 30 seconds West, 31.72 feet; Thence along the tie line of the apparent high water mark of Cutchogue Harbor on July 10, 2012, the following three (3) courses and distances: 1) North 58 degrees 39 minutes 33 seconds East, 42.58 feet; 2) North 86 degrees 03 minutes 16 seconds East, 81.72 feet; 3) South 06 degrees 54 minutes 30 seconds East, 19.07 feet to the point or place of beginning. re/NW/App/SchAparcell • l:, • CC # : C13-33380 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 0713112013 under Liber D00012738 and Page 888 and, that the same is a true copy thereot, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0713112013 SUFFOLK COUNTY CLERK .c.nc Q. //aacu.aLi JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/31/2013 Number of Pages: 4 At: 04:19:39 PM Receipt Number : 13-0094101 TRANSFER TAR NUMBER: 12-29551 LIBER: D00012738 PAGE: 685 District: Section: Block: Lot: 1000 117.00 08.00 018.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $5.20 NO RPT $120.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO TRANSFER TAX NUMBER: 12-29551 Fees Paid $445.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County tJ2 RECORDED Number of pages F91 Jul 31 04:14:;4 PM ful"ITH R. Pnsr0, CLERK OF This document will be public SUFFOLK COMITY record. Please remove all L DOri012738 P rsss Social Security Numbers DTa 12-21'551 prior to recording. Deed/ Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page/Filing Fee '„7_'.O Mortgage Amt 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County)i Sub Total =l~~ Spec. /Add. EA-5217 (State) TOT. MTG. TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5, 00 Transfer Tax Y- _ Affidavit • • `1 L~ - Mansion Tax 1"- 2o The property covered by this mortgage is erhfied Copy ) or will be improved by a one or two NYS Surcharge 154 00 SubTotal e5 family dwelling only. YES or NO Other f, l:/ ,C_'" -7e Grand Total a ? L.; If NO, see appropriate tax clause on J page# of this instrument. u y ?-/8 • ( a J 4 Dist. 1000 13019577 gam/ a C. 06 5 Community Preservation Fund Real Property f p SSA" Consideration Amount $ t,. Tax Service f I? CWH A II I¦H11 IINUIIII IqPUU II1 WIIII Agency . z4,1uL-ta CPF Tax Due $ Verification - Improved- 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RF.'TURN 'CO: / Vacant Land _ Valerie Marvin, Esq. TO 218 Front Street TD Suite 2 Greenport, New York 11944 TO Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name Advantage Title Agency, Inc. www.suffolkcountyny.gov/clerk Title p 13-CS-46276 - Ctsy 8 Suffolk Count Recording & Endorsement Page This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) Robins Island Holdings LLC _ The premises herein is situated in SUFFOLK COUNTY. NEW YORK. TO IntheTOWNof Southold Robins Island I loldingsLLC In the VILLAGE or HAMLET of New Suffolk _ BOXES 6 FHRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10m and on or before May 34. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, c a. Judith A. Pascale Suffolk County Clerk dw 2/99 ~w,a..woua 030-JUL43 Doc ID: 13019577_ Tax Maps p to District Secton Block Lot School District 1000 11700 0800 018002 Sub Division Name 1000 11700 0800 019000 NEW SUFFOLK / Stallard N.Y.B.T.U. Form 8002. Bargain and Sale Deed, with Covenant against Grantor's Acht - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 18th day of July, 2013 BETWEEN ROBINS ISLAND HOLDINGS LLC, a Delaware Limited Liability Company with offices at c/o Belvedere Property Management, LLC, 1251 Avenue of Americas, New York, New York 10020, parry of the first part, and ROBINS ISLAND HOLDINGS LLC, a Delaware Limited Liability Company with offices at c/o Belvedere Property Management, LLC, 1251 Avenue of Americas, New York, New York 10020, party of the second part, and doo WITNESSETH, that the party of the first part, in consideration of Ten and 00/100-($10.)--Dollars, and e~ other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part 99 forever, t7. UO All that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and 31~ described as follows on Schedule "Ae attached hereto. J BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part gf00 by Louis Moore Bacon by deed dated February 27, 1998 and recorded March 13, 1998 in Liber 11883, Page 342 and premises conveyed to the party of the first part by New Suffolk Waterfront Fund., Inc. by deed dated July 18, 2013, being simultaneously recorded herewith IY,UoU ryNj The Southold Town Planning Board approved this lot line modification by resolution on April 18, 2013. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: tPeter Ltj D L S, LLC By: J.Ity, Vice Pres ant BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN New York STATE State of New York, County of Suffolk as: State of New York, County of ss; On the 18TH day of July, In the year 2013, On the day of In the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared PETER J. TALTY personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their me that he/sheahey executed the same in his/her/their capacitypes), and that by hismOr/their signature(s) on the capacity(ies), and that by hismer/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which instrument, the indWual(s), or the person upon behalf of which the Individual(s) acted, executed the Instrument. the Individual(s) acted, executed the instrument. (signature an 1g dual king acknowledgment) (signature and office of Individual taking acknowledgment) eeml- Notary Public 1 iP.Leff" Notary Public Ne~y:Irble, G1tle of m" Volk' QM~ in No. l11UAN914b,,U* Emlr~ae~,h.lY° 44,10116 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of ss; On the day of , in the year 2012 , before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) Is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the state or Country or other place the acknowledgment was taken) (signature and office or individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED " WITH COVENANT AGAINST GRANT R'S A TS SECTION ~2 Ors Title No. 3 ['S - ~ LOT OK (pJ $i Ufa ~/g COUNTY OR TOWdN~/8/Oad 'qA ROBINS ISLAND HOLDINGS, LLC S' el17 TO Recorded at Request of ROBINS ISLAND HOLDINGS, LLC COMMONWEALTH LAND TITLE INSURANCE COMPANY RETDRN BV M S'K~fe ~ Lwnly N A/ SCHEDULE "A" Description Robins Island Holdings. LLC Parcel2 ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the intersection of the easterly side of First Street with the northerly side of Jackson Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 302.52 feet along the easterly side of First Street; THENCE South 83 degrees 45 minutes 00 seconds East, 193.50 feet along the southerly side of Main Street; THENCE South 32 degrees 45 minutes 00 seconds East, 108.70 feet to a tie line along the apparent high water mark of Cutchogue Harbor; THENCE the following six (6) courses and distances along the tie lines along the apparent high water mark of Cutchogue Harbor; I. South 37 degrees 54 minutes 57 seconds West, 55.41 feet; 2. South 26 degrees 55 minutes 08 seconds West, 87.34 feet; 3. South 20 degrees 21 minutes 43 seconds West, 12.03 feet; 4. South 14 degrees 18 minutes 38 seconds West, 46.86 feet; 5. South 02 degrees 20 minutes 34 seconds West, 51.52 feet; 6. South 27 degrees 52 minutes 30 seconds West, 16.83 feet to the apparent high water line along a bulkhead; THENCE the following three (3) courses and distances along the apparent high water line along a bulkhead: 1. North 66 degrees 38 minutes 01 seconds West, 64.42 feet; 2. North 62 degrees 10 minutes 30 seconds West, 47.19 feet; 3. North 83 degrees 14 minutes 31 seconds West, 18.93 feet; THENCE South 12 degrees 12 minutes 21 seconds West, 1.31 feet to the northerly side of Jackson Street, THENCE North 83 degrees 05 minutes 30 seconds West, 68.76 feet along the northerly side of Jackson Street to the POINT OR PLACE OF BEGINNING. Containing 68,808.33 square feet or 1.580 acres of land, more or less. SCTM Reference: 1000-117-8- 19 & p/o 18 re/NS/App/SchAPamel2 MAILING ADDRESS: PLANNING BOARD MEMBERS pF SOUry P.O. Box 1179 DONALD Chi LCENSEI Southold, NY 11971 OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex CIO PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H. RICH III • (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR I~COU'M Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 2, 2013 Ms. Diane Harkoff P.O. Box 321 New Suffolk, NY 11856 Re: Parking at New Suffolk Waterfront Fund (NSWF) Located on the a/s/o First Street, approximately 32.20' s/o King Street, New Suffolk Dear Ms. Harkoff: The Southold Town Planning Department has received your letter dated June 14, 2013 regarding the parking lot adjacent to the New Suffolk Waterfront Fund property. Please be advised that the Planning Department is conducting meetings with all involved to discuss regulations and requirements regarding access to that parking lot. After these meetings have been completed, the Planning Board will review the information gathered and provide a written response to you. If you have any questions, please do not hesitate to contact this office. Very truly yours, Donald J. Wilcenski Chairman June 14, 2013 Mr. Donald Wilcenski DIANE & DENNIS HARKOFF Southold Town Board Planning Commission PO Box 1179 Southold, NY 11971 Re: Parking at New Suffolk Waterfront Fund (NSWF) Parking Lot JUL 1 5 2013 Dear Donald: It is said that there are those who watch what happens, those who wonder what happened and those who make things happen. Though I like to be the one to make things happen, right now I am in a different place: I am wondering what the NSWF parking lot is all about and who is or isn't allowed to park there. I was under the impression, perhaps mistakenly, that the parking lot created in June 2012 adjacent to Captain Marty's and across the street from our restaurant, was needed to allow public access to the land New York State purchased from the NSWF. Then I was told that no parking is required for NYS and the parking lot is for NSWF only, and the signs at the entrance to the lot indicate this as well. Is a parking area needed for the land acquired by NYS or not? If so, I'd like to know how many spaces, and if these spaces are available to the general public and other visitors to New Suffolk. Parking in New Suffolk is already at a premium after the reduction in parking areas near the public beach and loading ramp several years back. The creation of this lot reduced on-street public parking on First Street. At the time, the NSWF informed Legends that we would be allotted several spaces in this lot to make up for the street parking that was lost with the creation of this lot. I'm curious whether permission was granted last year by Southold Town or the planning board for the NSWF's change in available public parking on First Street? These changes affect not only our business, but with beach and boating weather here, they affect all the businesses and residents in the waterfront area of New Suffolk. Now, with bulkhead work this summer, at some point the lot may be a staging area for the work, reducing some, if not all of, the parking available in the lot. It feels as though some of the information disseminated by the NSWF, an organization that of late seems somewhat less than transparent about its purposes and intentions in the area, is subject to frequent changing. Quite frankly, I'm not comfortable with losing any parking here, and even more so now that they have ongoing plans to try and resurrect the derelict Galley Ho building and open a 66 seat restaurant, that they like to refer to as a "cafe" because it sounds smaller, across the street. How can parking for that size restaurant possibly be accommodated in a town where parking is already at such a premium? I'm hoping you can clarify the parking situation for me, so I can continue to make Legends a viable business with adequate parking for our customers. Thanks again! P.O. Box 321 . 835 First Street . New Suffolk, NY 11956 Lia ly, Ph:631- 734-5123 Fx:631-734-2642 arkoffC4 , www.northfork.com/legends George Maul P.O. Box 635 New Suffolk, NY 11956 June 19"' 2013 John Halsey Peconic Land Trust UL P.O. Box 1776 Southampton, NY 11969 Mr. Halsey, I am an ardent supporter of the work of the Peconic Land Trust. The East End of Long Island is a better place because of your work. It would be difficult to find another organization whose work has noticeably changed the environment and quality of life through out the greater community. In the case of The New Suffolk Waterfront Fund, The PLT has missed the mark and the results have had a negative impact on the community and therefore on the reputation of the Trust. In 2007 when Tim Caufield oversaw the consensus meetings at the New Suffolk school house, we were assured that the wishes of the community would be respected. The community voted overwhelmingly for open space as the desired identity for the New Suffolk Waterfront. At this point, it appears that bar, restaurant, catering hall, marina and festival site are still part of the complex usages that have been and still are being considered. Everyone understands that financial considerations are an important part of making projects work and that compromises for the greater good sometimes have to be made. However, the PLT promised that it would install covenants on the deed that would ensure limited development and since then one of the now multiple deeds has shown up without PLT covenants in place. The PLT should keep its promises. I have discussed these issues with Tim Caufield. He told me that the original consensus statistics needed to be revisited but he also told me that the PLT is satisfied with the trajectory for the project. Recently he has not returned my emails asking for information about the project. I would like to offer the following items for consideration by the PLT: 1. Seeking variances to obtain multiple uses on a piece of property zoned for one use can by no stretch of the imagination be construed as "preservation" or "conservation." 2. The downtown New Suffolk business community is a serious stakeholder in the project and they have received only lip service from the New Suffolk Waterfront Fund throughout the process. 3. The role of the PLT has been compromised because the NSWF has not been a good neighbor and doesn't realize that "community' actually means "the people in the community'. At this point the NSWF has done damage to the community and the PLT appears to be a party to that result. I hope my letter can be heard and some good may come out of my efforts to reach the truth in this situation. Sincerely, George Maul Cc: Scott Russell Donald Wilcenski LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD. 13.0. BOX 1424 MA'FIIT 1CK. LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL. A. WICKHAM JANET GEASA 631-298-8353 'FELEFAX NO. 631-298-8565 May 30, 2013 Attn: Alyxandra Sabatino, Planner _ Southold Town Planning Board MAY 312013 Main Road j Southold, NY 11971 L-FRe: New Suffolk Waterfront Project New Suffolk, NY 11956 Lot Line Modification 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 Dear Aly: We hereby request the Board grant a 90 day extension of conditional Final Plat Approval so that our client can comply with the Hoard's requirement to record the deeds required by such approval. Health Department approval of the lot line modification is pending, and is required before the deeds can be recorded. We believe all necessary requirements of the Health Department have been met, and are anticipating an approval shortly. Thank you for your for consideration. Very truly yours, Abigail A. Wickham AAW/dm reins/approvals/ih pbsabatino5-30 cc: Valerie Marin,.E.sq. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~DF so~Ty P.O. Box 1179 DONALD J. WILCENSKI O~ Q Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS 41 Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR l~'COU Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant April 8, 2013 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Lot Line Change for New Suffolk Waterfront Fund SCTM#: SCTMs#1000-53-1- 6 & 7 Location: on the east side of First Street, approximately 32.20' s/o King Street, in New Suffolk SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed Lot Line Change will transfer 1.12 acres from SCTM#1000-117-8-18 to SCTM#1000-117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres, and SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres in the MII Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Negative Declaration Page Two April 8, 2013 The determination was based upon the following: This lot line change will not have any undesirable impacts on the surrounding neighborhood or adjacent properties as this lot line change is being done to minimize 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. Therefore, the proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will, therefore, conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. 1. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 2. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of this lot line change. 3. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. 4. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 5. No major change in the use of either the quantity or type of energy will occur. Each existing improved lot will continue to have only one pre-existing single family dwelling on each. 6. No creation of a hazard to human health will occur as a result of this lot line change. 7. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 8. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. I For Further Information: Contact Person: Alyxandra Sabatino, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 I • • WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 8, 2013 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session (Annex Board Room) 4:00 p.m. Applications 5:30 p.m. Review Public Meeting Agenda Project Name: New Suffolk Waterfront Fund, SCTM#: 1000-117-8-18 & 19 Inc. & Robins Island Holding, LLC Location: 650 & 380 First Street, New Suffolk Description: This proposed Lot Line Change will transfer 1.12 acres from SCTM#1000-117-8-18 to SCTM#1000-117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres and SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres in the MII Zoning District. Status: Pending Action: Review comments from public hearing. Attachments: Staff Report Project name: Rand, Bight Road, LLC SCTM#: 1000-14-2-11.4 & 11.5 Location: 1085 Bight Road, Orient Description: This proposed Lot Line Change will transfer 3,000 sq. ft. from SCTM#1000-14-02-11.4 to SCTM#1000-14-02-11.5. Lot 11.5 will increase from 49,669 sq. ft. to 52,669 sq. ft., and Lot 11.4 will decrease from 43,672 sq. ft. to 40,672 sq. ft. in the R-40 Zoning District. Status: Pending Action: Review revised plat. Attachments: Staff Report Project Name: Colony Pond SCTM#: 1000-52-5-60.3 Location: on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold Description: This proposal is for a standard subdivision to subdivide a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = 0.7 ac. in the R-80 Zoning District. Status: Conditional Preliminary Approval Action: Review for Final Approval. Attachments: Staff Report March 21, 2013 DIANE & DENNIS HARKOFF Mr. Donald Wilcenski and Planning Board Committee Members Southold Town Board Planning Commission PO Box 1179 MAR 2 2 ZGQ Southold, NY 11971 1 Re: New Suffolk Waterfront Fund (NSWF) and Resurrection of the Galley Ho Dear Donald: Before we all get lost in nostalgia for the good ole days associated with this project, I wanted to share some of my concerns that I have previously shared with the ZBA. Some of my biggest concerns are: - above ground septic system - already congested parking - environmental ethics -with global warming we all know that more fierce storms are predicted in the future - lack of financials about this project (cost of project vs. lease income to NSWF - who pays for shortfalls?) - is there a conservation easement on this parcel or was the conservation easement only on the parcels sold off to Louis Bacon and NYS? I have recently heard there are no conservation easements on the property directly across the street from us as we thought, but I am not sure if this is fact. Honestly, I fail to see the wisdom of building in a known flood zone. In light of Sandy, why would anyone want to do this? What if we had experienced the full brunt of Sandy, as Long Beach and so many other seaside communities did - what would have happened in New Suffolk then? Will grading changes, raised buildings and septic systems cause more water to flow to First Street? Who can answer this question with certainty? Including Sandy, we have had to sandbag Legends 5 times in about 4 months, something that we have never had to do before, in such a short period of time. Rather than forging ahead on a new project in a flood zone, shouldn't we all be working together to mitigate future damages to New Suffolk, and other areas on the North Fork? We cannot keep doing the same things and expect different results. Sincerely, Diane Harkoff cc: Letter to Southold ZBA dated February 6, 2013 Storm Sandy / New Suffolk pictures P.O. Box 321 . 835 First Street . New Suffolk, NY 11956 Ph: 631-734-5123 Fx: 631-734-2642 www.northfork.com/legends 7 Legends Restaurant 835 First Street DIANE & DENNIS HARKOFF New Suffolk, NY 11956 legends-restau ra nt.com February 6, 2013 Ms. Leslie Weissman, Chair Southold Town Zoning Board of Appeals Southold Town Southold, NY 11971 RE: New Suffolk Waterfront Fund (NSWF) Dear Ms. Weissman: We have grave concerns with the New Suffolk Waterfront Fund (NSWF) installing a restaurant along the waterfront at the old Galley Ho location. As the owners of Legends, we understand all too well the fragile ecosystem near the bay. In the past, we did support a restaurant in the Galley Ho location, but storms like Irene and Sandy in recent years have caused us to change our view. We have suffered physical, financial and emotional damage caused by Mother Nature. In light of recent storms like Sandy, we feel changing the ecosystem by methods such as installation of above ground septic systems, grading and additional parking need to be thoroughly considered before any plans are advanced. We want everyone to think about this with their eyes wide open, and think long and hard. Among the issues we feel need to be addressed are: • Septic system and grading: - A bit of history: In the 1990s, Henry Raynor (and possibly a partner) owned what is now the New Suffolk Waterfront Fund Front property. The property often flooded (creating what was known locally as 'Lake Zito') and the owners did some minor grading to alleviate this issue. Unfortunately, the grading didn't eliminate the lake; it merely moved it north to the parking area across from Legends. This lot became known as'Lake Legends' and was subject to flooding even in minor rainstorms. Parking was extremely limited in inclement weather; often our guests would have to wade out of the restaurant to move their cars out of the parking area and move them to higher ground as Lake Legends filled. - We understand an above-ground septic system is proposed for the new restaurant. After Sandy hit, according to news reports, opening up similar systems in other low-lying areas on Long Island and allowing waste to flow into the Sound, the Ocean and assorted bays and inlets, we feel allowing an above-ground septic system is inviting this risk in a way that is unacceptable for the environment. The fact that the dimensions and cost of such a system are unknown at this time makes its installation an even larger threat to Peconic Bay. The system's dimensions must be established and scrutinized as to environmental impact before proceeding. P.O. Box 321 .835 First Street . New Suffolk, NY 11956 Ph:631-734-5123 Fx:631-734-2642 www.northfork.com/legends First Street is New Suffolk's Main Street equivalent, with a few businesses, a post office and homes. An increased threat of flooding makes life more difficult for residents who are often trapped on their own property during weather events. Will a bulkhead be built? This also concerns us; Could it force water to rise even higher and sneak around Captain Marty's and cause even worse flooding on First Street? Sandy's effect was particularly dramatic, but as anyone who's seen the front of Legends getting sandbagged before moderate storms can attest, flooding is always a risk here; if you can't secure all openings to the sea, could raising the bulkhead could make it even worse? We feel that an engineering project of this size, especially in light of current environmental conditions, should be soundly vetted by experts. The U.S. Army Corps of Engineers has been called in for similar projects; we'd like to see them (or someone they recommend) as consultants on the proposals for the New Suffolk Waterfront and possibly assist in damage mitigation before another big storm hits. Other municipalities have made such arrangements to protect their environmentally at-risk areas from severe damage and New Suffolk would benefit from their expertise as well. • Parking: New Suffolk parking is already limited by the size of the area. Between a restaurant, a shop, a beach, a 24-slip marina, a fishing station and a park, parking for day visitors, guests of residents and cars and trucks bringing boats to launch is already extremely limited. Several years ago, New Suffolk asked Southold town to restrict parking in the area (limits on parking for boats with trailers; time-limited parking in front of the post office; parking prohibited on Jackson Street); while these restrictions did help residents, they also push parking toward the waterfront and restrict parking for Legends' guests. We are concerned that adding another business without sufficient additional parking will make this situation even worse. In the summer, cars are parked along local roads in front of homes and partially on lawns. Another business would be a detriment to those who live here. - Southold Town code needs to be followed in its requirements for parking for a new restaurant. A 118-seat restaurant, or a 55 seat restaurant, would require substantial new parking for customers and employees to avoid making on-street parking even more unbearable. - The current parking lot (parallel to Capt Marty's and marked "New Suffolk Waterfront Fund PARKING LOT ONLY") was established in the fall of 2012. We are concerned as to the availability of this lot for local visitors and want to ensure that this is not going to be turned into a de facto private lot for restaurant guests or counted toward the required parking for a new restaurant. This parking lot should be available for visitors to the entire area and not merely used to meet the code requirements of a new business. • Financial considerations: We understand that a restaurant on NSWF property may help pay for some upkeep of the property, yet how much? A restaurant is not a panacea for all that ails you; on the contrary, it can be a huge financial drain. Expected revenues and NSWF expenses, especially since the NSWF will not be directly running the business, do not seem to have been thoroughly analyzed. The lack of transparency has us concerned as well. - What is the cost of moving or rebuilding the old Galley Ho building (including hiring architects and engineers), installing code-compliant sprinklers and building a septic system? Such costs are substantial and may not be feasible when compared to potential revenue flow. - What is the expected leasing fee for the building? Would this fee be tenable for a potential leaseholder? NSWF may spend money on rebuilding and making the space ready for business, but the cost of a lease, utilities, flood insurance and other expenses might make potential lessees balk. - What will be the restaurant's tax status insofar as NSWF's 501 (c) (3) status? With a commercial business not directly related to the 501 (c) (3) status, remove the property tax exemption? I would think so. This status does allow for operation of money-making ventures on the property, but the venture must relate to the property's purpose, like a museum's gift shop relates to the museum, in a way that doesn't jeopardize the not-for- profit status. - Are contingencies in place for damages incurred in the next Sandy? We are concerned that the NSWF could turn into a de facto guarantor of uninsured expenses for a business on its property, removing the incentive for those who contribute to the Fund who do so in the hopes of helping the NSWF maintain an open space for all. Solicitation of additional donations could be hampered if a large portion of the money goes toward recycling funds into repairing buildings, landscaping that constantly needs replacing due to salt-water flooding, toward the purchase of flood insurance every year and covering expenses not covered under flood insurance. • Environmental ethics: In Governor Cuomo's State of the State address, he said, "Climate change is inarguable, because 100-year floods are arriving everyfew years.... There are parcels that Mother Nature owns. She may only visit once everyfew years, but she owns the parcel and when she visits, she visits (italics ours)" Those of us who live or own businesses in New Suffolk know this firsthand. The attached photos show the area even before Sandy's peak. Legends borrowed 2 % - 3-foot-high concrete barriers to prevent flooding and still sustained more than $300,000 worth of damage to the building and equipment (with our insurance claim still unpaid); this number excludes our loss of business! - Cuomo also stated, "New structures and major renovations should meet stricter 'survivability'standards (italics ours)." We are concerned that we will all pay a high environmental price for a new structure so close to the water here. We don't need a boondoggle of an endless cycle of damage, closure while waiting for government or insurance money to arrive, damage repair and loss of income after the next storm. It's a price we all end up paying, whether it's due to diversion of scarce government funding, increased insurance rates, or donations to victims. We should all be working together to mitigate future damages in a flood zone. To us, that is far more important than building new things. Additional building is a risk to all of us who currently live and work in New Suffolk; let's try to better protect those properties that are already extremely threatened in storms. We have already implicitly agreed to take on some risk as the cost of having the beauty of the area around us, but we need to make sure any future development does not bring additional risk to this fragile beauty. There are a number of alternate projects that would have lower costs, cause fewer parking issues and have a lighter environmental impact; some would also provide valuable services to waterfront visitors both by land and boat. For example, a T-shirt and snack shop, like near Claudio's, could sell bags of ice and drinks for boaters, snacks for beachgoers and souvenirs for visitors. A pavilion that allows water to flow under pilings could support a lunch truck. As we always say, if New Suffolk could investigate the feasibility of taxing New Suffolk residents and businesses $500 -1000 per property, maybe in the long run that is a simpler and more environmentally proactive solution. Surely we can meet community needs without rushing into a huge project with untested impact. Maya Angelou said, "The wise woman thinks twice and speaks once;" we should strongly consider those words before beginning any new projects here in New Suffolk. Sincerely, Diane Harkoff Attach: Storm Sandy in New Suffolk S II^ - a F 6 i r I V S 9 ' ~ I I T E IS I f~ gel-attachn)ent.aspx0PF.G hnage,960 720~iaeIs) http:0niaii.aol.coni 17571-I1 l M-6 cwtm mail eet,~ttachmcnt~i~~~~- ~a~. _ ~t~s•r- r Vi. e T Mai . f. I of 1 30W2M 3 2:33 PM f get-,rttachment.aspa (JPEG image, 640 480 'xeIs) http:' mail.aol.conir'.7572-111'aol-6!en-us!maili,,et-attachment.aspx"... I I of I 3/21/2013 8:20 AM • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 DONALD Chi LCENSKI Southold, NY 11971 OFFICE LOCATION: WILLIAM J. CREMERS 4 Town Hall Annex PIERCE RAFFERTY G ' 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR l~'C0U'rt y Southold, NY - I111~~~~ Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 2013 Abigail Wickham, Esq. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Close Hearing - Lot Line Modification for New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC 650 First St. and 380 First St., on the east side of First Street, approximately 32.20' s/o King Street, in New Suffolk SCTM#1000-117-8-18 & 19 Zone: MII Dear Ms. Wickham: A Public Hearing was held by the Southold Town Planning Board on Monday, March 18, 2013 regarding the above-referenced Lot Line Modification. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, ~c3Donald J. Wilcenski Chairman AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Ff ~s-f S . New k, NY il45;6 by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remaine in place for seven days prior to the date of the public hearing on 113 I have sent notices, by certified mail - return receipt, the receipts and green 1 return receipt cards of which are attached, to the owners of record of every property which abuts and every property whi F, eel II `I D41 ~/~~A' j MAR 142013 ` yaLIrlC( / 1 C1-1,// I re Your Name rint) r• 3sud e-n Signature A-60 /??D Craa l~l ~OI r Nay Address MICHELLE Notary Public, State of of Now ew York 14U. 4VU4103 Date Qualifie d in Suffolk County Commission Expires May 22, 20 / Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 3/15/13 Re: Proposed Lot Line Change for New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC SCTM#s: 1000- 117-8-18 & 19 Date of Final Hearing: Monday, March 18, 2013, 6:04 p.m. U.S. Postal Service ru CERTIFIED MAIL RECEIPT p r^ MEW ru m m M RrkQ51IAL USE M 1Q USE _n 0 Met p Postage $ 0~. 6 C3 postage $ R S _ ru CBNfled Fe9 6 g Certified Fee z ru 03.10 O Po °O Return Receipt Fee ebnerk p Rehm Receipt Fee T He C3 (Endorsement Required) Here O (Endorsement Required) - Restricted Delivery Fee Z Restricted Delivery Fee _ C- 00 p (Endorsement Required) T ~,00 907MI3 p (Endorsement Required) M1 Total Postage & Fees -0 Total Postage 8 Fees r-R C3 Sent TO p Ser`{t To L-°-IA~_4lSS.!_C._Q.1_ ° or PO O ,APL p M1 or P PO Box Apt. 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Yes If YES, en delivery addtgee below: ~ ? No ~1 JJ /l ~ I !JD UThO~c~ IOWA) One w Sax ~ 179 11 1 A - ~ ` 3. Service Type \ 1 N ? Certified mail ? Express Man ! O / ? Registered ? Return Receipt for Merchandise ? Insurer! Mall ? C.O.D. 4. Restricted Delivery? (aft Fee) ? Yes 2. Article Number 7010 1670 0002 0063 3325 , (Transfer from m service label) PS Form 3811, February 2004 Domestic Return Receipt 102565-02-M-1540 ; W COMPLETE THIS SECTION ON DELIVEPV ¦ Complete items 1, 2, and 3. Also complete A. SI ature - Item 4 if Restricted Delivery is desired. XM 0 Agent { ¦ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B ved by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. t D. Is delivery address different frem Item 1? 0 Yes 1. Article Addressed to. If YES, enter delivery address below: 0 No po I 3. Service Type n, . r J r LI c./1 0 Cartifted Mail 0 Returns Mall 0 Registered O Return Receipt fa Memhrndise IJ n 0 Insured mail 13 C.O.D. 0 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7010 1670 0002 0063 3257 (fionsferfrom service 16W Ps Form 3811, February 2004 C estic Retum Receipt 102595.02{1-1540 ¦ Complete Items , and 3. Also corn lets A. Signature Item 4.1f, Restrict livery is desired. X , 0 A9eot f ¦ Print your name am ddress on the reverse 0 Addressee so that we can return the card to you. W Ived by (Printed Name) . Date of DelWery, ¦ Attach this card to the back of the mailpiece, U - or on the from if space permits. 1. Article Addressed to: D. Is delivery address dnferent from Item 1? 0 Yes , If YES, enter delivery address below: 0 No 'l-~e6dosuas Y)clolela ~Po'Box .11E 3. Service Type 0 Certified mail O Express mail U 0 Registered 0 Return Receipt for mwdm %e e w Fr /KI P Y 0 Insured Mail 0 C.O.D. 19 6% 4. Restricted Delivery? 0Fxft Fes) 13 Yes 2. Article Number 7010 1670 0002 0063 3363 (riansfer from service Jebel) - PS Form 3811, February 2004 r omestlc Return Receipt 1 1540 ¦ Complete items 1, 2, and S. Aso co plate A Item 4 if Restricted Delivery A desired. X es ¦ Prim your name and adds 3i# on the reverse 0 1B88Be so that we can return the d»rd to you. B. rived by (Printed Name) C.~ Delivery ¦ Attach this to the back of the mailpiece, 0t on the f space permits. - joddreesdiffuentinorntleml? Yes I 1. Article Add delivery address below: R/No i TO aL"kkie r) 1 ~~a al~s~Tee C 5' c ~u n PSI ri GerUfied Mail ? E trine Mall 33990 [3ftletered 0 Return Receipt for Merchandise 0 Insured Man 0 C.O.D. 4. Restricted Delivery? (teas Feel 0 Yej 2. Article Number 7010 1670 0002 0063 3370 (Transfer from service lsW Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-W1540 I Page 1 of 1 1 Sabatino, Alyxandra K. /f From: awickham@wbglawyers.com Sent: Wednesday, March 06, 2013 11:09 AM To: Sabatino, Alyxandra K.; Valerie Marvin; barbara.schnitzler@gmail.com Subject: DEC Subdivision Permit Attachments: DECSubdPermit.pdf Good moming. Attached is a copy of the DEC subdivision permit for your file. Gail Wickham WE HAVE NEW EMAIL ADDRESSES D qp 2 D U PLEASE UPDATE YOUR CONTACTS E Wickham, Bressler & Geasa, P.C. MAR - 82013 13015 Main Road P.O. Box 1424 southola Town Mattituck, New York 11952 Planning Board 631 298-8353 631 298-8565(Fax) awickhan*vwbglawvcrs.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender at 631-298-8353. 3/8/2013 • • New York State Department of Environmental Conservation _ Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 _ 40111111110 Phone: (631) 444-0365 • Fax: (631) 444-0360 Website: w6 dao.nv.aov March 6, 2013 New Suffolk Waterfront Fund, Inc. El PO Box 146 New Suffolk, NY 11956 Re: Permit#1-4738-01008/00018 Dear Sirs or Madams: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Mark Carrara Permit Administrator cc: Glenn Just BOH-TW File NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01008 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: NEW SUFFOLK WA FI'RFRON'T FUND INC FIRSTSTREET MARINA PO BOX 146 650 FIRST STISCTM# 1000-117-8-18 NEW SUFFOLK, NY 11956-0146 NEW SUFFOLK, NY 11956 (631) 566-0806 Facility Location: in SOUTI IOL.D in SUFFOLK COUNTY Facility Principal Reference Point: NY I'M-F": 712.8 NY"TM-N: 4540.8 Latitude: 40°59'26.3" Longitude: 72°28'12.7" Project Location: First Street, New Suffolk Authorized Activity: Subdivide a 169,000 square foot parcel into two lots; construct a lean-to and gravel parking area; and create a nature preserve area on one of the lots. All work shall be done according to the plans prepared by Martin Read last revised on 10/24/12 and stamped NYSDEC approved on 3/6/13. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-01008/00018 New Permit Effective Date: 3/6/2013 Expiration Date: 3/5/2017 NYSDEC Approval By acceptance of this permit, the permittec agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: MARK CARRARA, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY u, STONY BROOK150 CIRCLE RD STONY BROOK, NY 1 1 790 -3409 Authorized Signature: Date 3 / 6 /1-? Page 1 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01008 ( Permit Components - - - - - NATURAL RESOURCF, PERMIT CONDITIONS GENERAL CONDITIONS, APPLY'rO ALL AU'ITIORIZED PERMrrS NOTIFICATION OF O'rHF,R PERMr1"rEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following f Permits: TIDAL WETLANDS I. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Martin Read last revised on 10/24/12.. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion or the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Post Permit Sign The permit sign enclosed with this permit shall be pasted in a conspicuous location on the worksite and adequately protected from the weather. 4, No Construction Debris in Wetland or Adjacent Area Any debris or excess material from constriction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 5. Storage of Equipment, Materials 'rhe storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75' linear feet from the tidal wetland boundary. e. No Changes to Septic System This permit does not authorize any alteration, expansion or replacement of existing septic systems. 7. Approved Subdivision This permit authorizes only the approved subdivision of the subject parcel. The approved plans define the maximum extent and limit of approvable construction and disturbance given the current conditions at the project site. Individual pennits must be obtained for development of each lot prior to construction or commencement of any regulated activities not specifically authorized by this permit. 8, State Not Liable for Damage 'I'he State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue front any such damage. Page 2 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01008 v. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation or this permit, the structure, till, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or tilt and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 10. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 11. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, lcachate or any other environmentally deleterious materials associated with the project. GENERAL CONDITIONS - Apply to ALL Authorized Permits: t. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Departmenes representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a Page 3 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01008 separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION I HEADQUARTERS SUNY n STONY BROOK150 CIRCLE. RD STONY BROOK, NY 11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; c. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittec's acts or omissions in connection with the permittee's tuidertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision Page 4 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 0 Facility DEC ID 1-4738-01008 under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permitter. Item C: Permittee Responsible for Obtaining Other Required Permits The permitter is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the pennittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perlbrm the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 5 of 5 ~ , • r 5~bf _ 1}OARD MEMBERS pF SO(/r N Southold Town Hall Leslie Kanes Weisman, Chairperson y0~~ 53095 Main Road • P.O. Box 1179 / Y)T Southold, NY 11971-0959 ~<<J Office Location: Gerard P. Goehringer G C Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider co Southold, NY 11971 http://southoldtown.northfork.net ul ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 28, 2013 ZBA FILE No.: SE 6617 NAME OF APPLICANT: New Suffolk Waterfront Fund, Inc. SCTM# 1000-1 17-08-18 PROPERTY LOCATION: 650 First St., (adj. to Cutchogue Harbor) New Suffolk, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY _ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Dec. 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 Jan. 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The program supports the historic restaurant use through policy 10.1(b). PROPERTY FACTS/DESCRIPTION: The applicant has represented that the subject property, denoted as Parcel 1, has a lot area of 100636 SF of which 93588 SF is upland/buildable land. Parcel I is the resultant area of Tax Lot 18 after a proposed re-subdivision (Lot line modification) which is presently pending before the Planning Board. Tax Lot 18, before the re-subdivision, previously had two Permitted Uses operating concurrently, a Restaurant Use and a Marina Use. Parcel I fronts First Street for 272.54 feet at its western boundary, fronts Main Street for 242.44 feet and Parcel 2 for 108.7 feet at its southern boundary. It has 631 feet along Cutchogue Harbor to the east and 254.46 feet on the northern property line. The parcel is improved with a Barn/Storage building, a I-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 moiniment dcnodin~- the parcel a, the loc:uion of the nation ~ First Suhniariuc Eire I he subject Page 2 o1`4 -February 28, 2013 ZBA h106617SI -NS%k I'fund. Inc C I M. 1000-117-8-I S parcel also has a beach area. All as shown as Parcel 1 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, Inc Comments" prepared by Barrett, Bonacci & Van Weele, PC, stamped by Martin A. Read, L.S. RELIEF REQUESTED: The Building Inspector has determined that the previous Restaurant Use has expired. Therefore the applicant is required to apply for the permitted Restaurant Use by special exception by the Board of Appeals. The applicant proposes a Restaurant Use in a MII district in accordance with Zoning Ordinance, Article XIII, Section 280-55, Subsection B(1). B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (1) Restaurants, excluding outdoor counter service, drive-ins or curb-service establishments. Such prohibition shall not prevent service at tables on a covered or uncovered terrace or porch incidental to a restaurant. The proposed Restaurant Use is shown on the map prepared by Joseph Fischetti, P.E., dated February 2, 2013, entitled "New Suffolk Waterfront", Parking Requirements, Sheet No. I. ADDITIONAL INFORMATION: There were many letters, emails and testimony received in support of the proposed Restaurant Use. There were also letters, emails and testimony received voicing concern that the new Restaurant Use may increase problems with insufficient parking, traffic congestion, and increased flooding during storms - FINDINGS Oh FACT/ REASONS FOR BOARD ACTION: 'I he Zoning board of Appeals held public hearings on this application on January 3, 2013 and February 7, 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: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the Restaurant Use as proposed will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The Restaurant Use is proposed in its existing location and at a smaller scale than what previously existed upon this parcel (66 seats as opposed to the original 95 seats). The applicant's agent also represented that the restaurant use was proposed to be accessory to the primary marina use that has also historically existed on the subject parcel. While concerns were expressed by some residents about the required parking, traffic and new septic system upgrade that a renovated restaurant would require, the applicant shows an adequate parking yield on the subject parcel for the proposed restaurant use in its current location, in addition to parking for a proposed 15 slip marina, as shown on the site plan dated Feb. 2, 2013. Additionally, the required review and site plan approval by the Southold Town Planning Board, the Suffolk County Department of Health Services and the DEC will provide mitigation 111e11,111c, 10 addrss pwlcniial udNce,c impact,. includim_ impaels n1 iCQIIIC %ie sheds. Page 3 U4 - February 28, 2013 ZBA Fi IeA6617SG-NSwf fund, hic CI M. 1000-117-8-I8 Moreover, no evidence was presented to indicate that the previous Restaurant Use prevented the orderly and reasonable use of adjacent properties. Therefore, the Board concludes that the proposed Restaurant Use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the Restaurant Use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. There was evidence presented by verbal and written testimony implying that the various permitted and legally established uses in this district are in deficit of available parking areas to support all of the present uses. The proposed Restaurant Use will be required to supply the needed parking requirements on the subject parcel and address any detriment to permitted or legally established uses during the required site plan review by the Planning Board. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The proposed Restaurant Use will re-establish a use that has long existed harmoniously on the subject property and at a less intense, smaller scale operation.. Additionally, no evidence was presented to indicate that the previous Restaurant Use adversely affected the safety, the health, the welfare, the comfort, the convenience or the order of the town. Therefore, the Board concludes that the Restaurant Use as proposed will not adversely affect the safety, the health, the welfare, the coin foil, the convenience or the order of the town. D. That the Restaurant Use will be in harmony %%ith and promote the general purposes and intent of this chapter. 'I-he proposed Restaurant Use is a permitted use by special exception by the Board ofAppeals in this Marine II District. A Restaurant Use previously existed on this parcel and the applicant proposes to rc-establish the same use. E. That the Restaurant Use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. A Restaurant Use previously existed on this parcel and was compatible with the character of this neighborhood and community. The Restaurant Use as proposed includes renovating and improving the existing structure, which is currently in disrepair, and operating at a less intense scale than what previously existed. The compatibility of the proposed restaurant's overall appearance and visibility will be addressed during Site Plan Review and approval. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection because site plan approval by the Planning Board will insure same. G. That the proposal complies with the requirements of Chapter 236, Storm water Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Storm water Management. Site Plan Review and approval will insure compliance with the requirements of Chapter 236, Storm water Management. Required improvements to the sanitary system, flood plain compliance, and site drainage will improve the treatment of sanitary waste, which will benefit the adjacent wetland areas and improve the Pecome Bay ecosystem. Page 4 of 4 - February 28, 2013 ZBA Fllea6617SE--NSWF Fund, Inc t "I'M 1000-117-8-18 The Board has given consideration to the "Matters to be considered" governing Special Exception uses set forth in Section 280-143, A through P, in making this determination. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried to GRANT, a Special Exception, as applied for, and shown on the map prepared by Joseph Fischetti, P.E., dated February 2, 2013, entitled "New Suffolk Waterfront", Parking Requirements, Sheet No. 1. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Final site plan approval by the Southold Town Planning Board, the Department of Health Services, the DEC and any other regulatory agency from which permits and approvals must be obtained 2. Any future variance relief from the Board of Appeals that may be required 3. The Board reserves the right to further review any changes in the intensity of use for the restaurant as proposed in this application and described in this decision. 4. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above condiliais he mrofen i ao the Building, ht.cpectot V C°ertificote of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to reviex potential action to revoke the Special Exception permit as granted herein. Vote of the Board: Ayer: Members Iyetsman (Chairperson,) 11wvting. Goehringer, Schneider. This Resolution was duly adopted (4-0). 1~V e r N`-~ Leslie lanes Weisman, Chairperson Approved for filing J) / S /2013 FIRST STREET FIRST STREET E POSSIBLE fIIRIRE PARKING O H ~ z w MIS of cr- N LL. N Y S EASEMENT oa J~\''"~PE 'U W z - - - - ~c Q W `N4' I w I ~ I o 3 4o Ul BhRN / rl~ N Z / \ J O C LL. LL. V \ D 3 w z LOCATION OF POSSIBLE SUBSURFACE SANITARY FROM A SURVEY BY NATHAN TAFF CORWIN DATED APRIL 28,2011 MANNO ECOVER ®QI O \ a ~ \ CONCRETE / COVER \ ~ isTORV o ~ 0 \ - i ~ MARINA ACCESSORY 22 7' \ 4V15TOOR ORY l C~E 0 0 0 0 5 m 0 7 5 w SGM ~~o SFR m w ~ 0 ~z J Z Tl- Z Lb co - c\l X-jL6 N s N CUTCHOGUE HARBOR Z 00(D 0 F- ~j OEM w ~a m E%I"NG PILE PARKING REQUIREMENTS (IYPI~) s VIIV- i dOco RESTU RANT 66 SEATS @ 1 SPACE / 3 SEATS ~Lc;, = 22 PARKING SPACES 3ECElveL MAP I NA: FEB 0 4 2u' 1 PARKING SPACE FOR 1 EMPLOYEE =1 SPACE g®ARD up APPEALS 16 BOAT SLIPS: 1 SPACE / SLIP =16 SPACES s TOTAL: 38 SPACES F NEpy~ 1 HANDICAP SPACE February 02, 2013 38 REQUIRED SPACES 40 PROVIDED SPACES SCALE: T- ~p H 0525~~ ~ st SHEET NO: INFORMATION USEI )N USED ON THIS SURVEY BY: BARRETT BONAC BONACCI & VAN WEELE, PC SURVEYE[ RVEYED: JULY 5,2012 • MAILING ADDRESS: PLANNING BOARD MEMBERS ~DF $tl(/jy P.O. Box 1179 DONALD J. WILCENSKI Southold, NY 11971 Chair ~o OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR l•`~'oU rtV Southold, NY 111 ` Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 2013 Abigail Wickham, Esq. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Lot Line Modification: New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC 650 First St. and 380 First St., New Suffolk SCTM#1000-117-8-18 & 19 Zone: MII Dear Ms. Wickham: The Southold Town Planning Board reviewed the above-referenced application at their February 25, 2013 Work Session and found that all requested items pursuant to the December 18, 2012 letter have been met and that the application is now complete. Additionally, the Board has decided to hold the Public Hearing at the March 18, 2013 Public Meeting. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner #11097 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 7th day of March, 2013. Principal Clerk E Sworn to before me this \ day of /\-~2013. LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to.Section 276 of the Town Law & Article XXV of the Code of the Town H I T A V LINSKI of Sombold, a public hearing will be held by the §o0thAld Town Planning Board, NOTARY PUBLIC-STATE OF NEW YORK at the*44(all, Main Road, Southold, NO. 01V06105050 New York on the lftth day of March, bill on the question of the following: Qualified in Suffolk COUn}y 6:00 p.m. Proposed Site Plan for my Commission Expires February 28, 2016 Richard Cormini located at 62,45 Cox Laneo CR 48 & Cox Lane, Cutcholine, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-844- 32.1 6.02 p.m. Proposed Site Plan for 8 Hands Pam located at 4735 Cox Lane, £590"VbT_R 48 & Cox Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-2-10.1 6:04 p.m. Proposed Lot Line Modi- fication for New Suffolk Inc. &.Robins Is and Hol"F ding, LLCQlo- cated at 650 & 380 First Street, on the e/s/o First Street, approximately 32.20' s/o King Street, in New Suffolk, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000 1jj-8-,,8 & P Dated: 2/26/13 BY 0 Rl3E, PTHOLD TOWNPL VIOARD 11 'T>oti lI*ilcenski Chairman 11.097.1T 317 • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~OF so P.O. Box 1179 DONALD J. WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS H Town Hall Annex PIERCE RAFFERTY G @ 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR IyCUUn l' Southold, NY 111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law & Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 18th day of March, 2013 on the question of the following: 6:00 p.m. Proposed Site Plan for Richard Corazzini located at 6245 Cox Lane, ±560' n/e/o CR 48 & Cox Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-32.1 6:02 p.m. Proposed Site Plan for 8 Hands Farm located at 4735 Cox Lane, ±550' s/o CR 48 & Cox Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-2-10.1 6:04 p.m. Proposed Lot Line Modification for New Suffolk Waterfront, Inc. & Robins Island Holding, LLC, located at 650 & 380 First Street, on the a/s/o First Street, approximately 32.20' s/o King Street, in New Suffolk, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-117-8-18 & 19 Dated: 2/26/13 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, MARCH 7, 2013 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • Page 1 of 1 Kalin, Carol From: Candice Schott [cschott@timesreview.com] Sent: Tuesday, February 26, 2013 2:02 PM To: Kalin, Carol Subject: RE: REVISED Legal Ad for 3/7 Edition of Suffolk Times Will do! Candice From: Kalin, Carol [mailto:Carol.Kalin@town.southold.ny.usj Sent: Tuesday, February 26, 2013 11:45 AM To: tr-legals Subject: REVISED Legal Ad for 3/7 Edition of Suffolk Times Importance: High Please print the revised attached legal ad for the March 18, 2013 Planning Board Public Hearings regarding the Corazzini, 8 Hands Farm Site Plans and New Suffolk Waterfront, Inc. & Robins Island Holding, LLC Lot Line Modification in the March 7, 2013 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.Kalin(u~town.southold.n 2/26/2013 • MAILING ADDRESS: PLANNING BOARD MEMBERS ~OF SQUJLL,, P.O. Box 1179 DONALD J. WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR COW, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law & Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 18th day of March, 2013 on the question of the following: 6:00 p.m. Proposed Site Plan for Richard Corazzini located at 6245 Cox Lane, ±560' n/e/o CR 48 & Cox Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-32.1 6:02 p.m. Proposed Site Plan for 8 Hands Farm located at 4735 Cox Lane, ±550' s/o CR 48 & Cox Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-2-10.1 6:04 p.m. Proposed Lot Line Modification for New Suffolk Waterfront, Inc. & Robins Island Holding, LLC, located at 650 & 380 First Street, on the a/s/o First Street, approximately 32.20' s/o King Street, in New Suffolk, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-117-8-18 & 19 Dated: 2/26/13 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman • • STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 26th day of February, 2013 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 3/18/13 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Site Plan for Richard Corazzini, SCTM#1000-84-1-32.1 6:02 p.m. Public Hearing for the proposed Site Plan for 8 Hands Farm, SCTM#1000-96-2-10.1 6:04 p.m. Public Hearing for the proposed Lot Line Modification for New Suffolk Waterfront, Inc. & Robins Island Holding, LLC, SCTM#1000-117-8-18 & 19 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this -day of /-Q "04 , 2013. Notary klilic MELANIE DOROSIO NOTARY PUBLIC, State of New York No. 01D04634870 Qualified in Suffolk County Commission Expires September 30, • • MAILING ADDRESS: PLANNING BOARD MEMBERS rg soar P.O. Box 1179 DONALD J. WILCENSKI Southold, NY 11971 Chair lp OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIEPC'E RAFFERTY G~ plc 54375 State Route 25 JAMES H. RICH III 0 (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR lij'C©u Southold, NY Telephone: 631 765-1838 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 2013 Abigail Wickham, Esq. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Lot Line Modification - New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC 650 First St. and 380 First St., on the east side of First Street, approximately 32.20' s/o King Street, in New Suffolk SCTM#1000-117-8-18 & 19 Zone: MII Dear Ms. Wickham: The public hearing regarding the Lot Line Modification for the above-referenced application has been scheduled for Monday, March 18, 2013, at 6:04 p.m. at the Southold Town Hall. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Postina along with the certified mailina receipts AND the signed green return receipt cards before 12.00 noon on Fridav March 15th The sign and the post need to be returned to the Planning Board Office after the Dublic hearing. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encls. • • Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line modification; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-117-8-18 & 19; 3. That the property which is the subject of this application is located in the M-II Zoning District; 4. That the application for the lot line change will transfer 1.12 acres from SCTM#1000-117-8-18 to SCTM#1000-117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres, and SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres. The property is located at 650 & 380 First Street, on the east side of First Street, approximately 32.20' s/o King Street, in New Suffolk; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d Fl., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Lot Line Changes", then "Pending"; 5. Click on the SCTM# (tax map of the application (found in #2 above). Or by sending an e-mail message to: Carol. Kalin@town.southold. ny. us; 6. That a final public hearing will be held on the matter by the Planning Board on Monday. March 18. 2013 at 6:04 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: New Suffolk Waterfront, Inc. & Robins Island Holding, LLC Date: 2/26/13 • • New Suffolk Waterfront 1000-117-8-18&19 Adjacent Properties: 11000-117-8-6 1000-117-8-14.1 1000-117-8-14.2 1000-117-8-15 1000-117-8-17 1000-117-8-20 1000-117-8-21 1000-117-8-22 1000-117-9-30 1000-117-9-31 V ~24•. 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GREAT +11 JE NOTICE COUNTY OF SUFFOLK K Ta°ae Sg11,1pL0 SECTION NO i21i RealProperty Tax Service Agency Y a. 177 re_ a ,zi Nal^i,an v w --r-- ^neu.--rw-- IFMewneawPwemw¢4stMCT c fi* P asTwcT x^ 1999 - ra,nsaov ave.we,aan AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 3/15/13 Re: Proposed Lot Line Change for New Suffolk Waterfront Fund. Inc. & Robins Island Holding, LLC SCTM#s: 1000-117-8-18 & 19 Date of Final Hearing: Monday, March 18. 2013, 6:04 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. (Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 NEW SUFFOLK WATERFRONT, INC. & ROBINS ISLAND HOLDING, LLC %ITE PLAN FOR NEW SUFFOLK WATERFRONT, INC. & ROBINS ISLAND HOLDING, LLC 1000=117=8-18 & 19 Proposal to transfer 1.12 acres from SCTM#1000-117-8-18 to SCTM#1000- 117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres, Ond SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres. MONDAY - MARCH 18, 2013 - 6:04 P.M. Southold Town PlanOg Board Work Session - Page Two•February 25, 2013 Project name: Fohrkolb, Andrew SCTM#: 1000-107-3-2 Location: 1050 Greton Court, Mattituck Description: This proposal is for a Standard Subdivision of a 5.89 acre parcel into two lots where Lot 1 equals 0.93 acres and Lot 2 equals 4.96 acres, located i i the R-40 Zoning District. Status: New Application Action: Review for completeness. Attachments: . Staff Report Project Name: New Suffolk Waterfront Fund, SCTM#: 1000-117-8-18 & 19 Inc. & Robins Island Holding, LLC Location: 650 & 380 First Street, New Suffolk Description: This proposed Lot Line Change will transfer 1.12 acres from SCTM#1000-117-8-18 to SCTM#1000-117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres and SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres in the MII Zoning District. Status: New Application Action: Review for completeness. Attachments: Staff Report Discussion: ? Local Law re: Amendments to Chapter 83, Animals & Chapter 193, Parks & Recreation Areas in connection with Control of Dogs or Domestic Animals throughout the Town LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 1 FLEFAX NO. 631-298-8565 February 20, 2013 Attn: Alyxandra Sabatino, Planner BI FEB 2 12013 Southold Town Planning Board Main Road Southold Town Southold, NY 11971 Planning Board Re: New Suffolk Waterfront 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 Dear Aly: I have enclosed six prints of the map which has been revised as per Board's letter request by letter dated December 18, 2012. Very truly ours, Abigail A. Wickham AAW/dm end re/ns/approvals/Idrpbsabatino Page 1 of 1 Sabatino, Alyxandra K. From: Sabatino, Alyxandra K. Sent: Friday, February 15, 2013 1:31 PM To: 'Wickham, Bressler, Gordon & Geasa P.C.' Subject: New Suffolk Waterfront Good Afternoon Gail, I have reviewed the submitted documents for the New Suffolk Waterfront lot line modification. All items outlined in the December 18, 2012 letter to you have been met except for the requested changes to the map that include: 1) Removal of all proposed structures on the plat 2) Clearly label the bounds of the proposed Easement Areal Nature Preserve. Because of the time restraints that are placed on the property, if you can submit 6 copies of the revised plat with the above changes made no later than February 21, 2013 there will be enough time for the Board to hold the Public Hearing at the March 18, 2013 meeting. If you have any questions please don't hesitate to call. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 2/15/2013 • • 64 ' BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman, Chairperson y0 53095 Main Road • P.O. Box 1179 ~O l0 Southold, NY 11971-0959 Office Location: Gerard P. Goehringer H ~c Town Annex /First Floor, Capital One Bank George Horning aa~0 54375 Main Road (at Youngs Avenue) Ken Schneider lyC'UUC~ Nom` Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMO FEB 1 42013 Date: February 13, 2013 SouthaltlTown Planning Board To: Heather Lanza Re: New Suffolk Waterfront Fund As discussed, enclosed are the letters received by the Zoning Board regarding the proposal of New Suffolk Waterfront Fund, Inc. Vicki led DIANE & DENNIS HARKOFF February 6, 2013 Ms. Leslie Weissman, Chair Southold Town Zoning Board of Appeals Southold Town Southold, NY 11971 RE: New Suffolk Waterfront Fund (NSWF) Dear Ms. Weissman: We have grave concerns with the New Suffolk Waterfront Fund (NSWF) installing a restaurant along the waterfront at the old Galley Ho location. As the owners of Legends, we understand all too well the fragile ecosystem near the bay. In the past, we did support a restaurant in the Galley Ho location, but storms like Irene and Sandy in recent years have caused us to change our view. We have suffered physical, financial and emotional damage caused by Mother Nature. In light of recent storms like Sandy, we feel changing the ecosystem by methods such as installation of above ground septic systems, grading and additional parking need to be thoroughly considered before any plans are advanced. We want everyone to think about this with their eyes wide open, and think long and hard. Among the issues we feel need to be addressed are: • Septic system and grading: - A bit of history: In the 1990s, Henry Raynor (and possibly a partner) owned what is now the New Suffolk Waterfront Fund Front property. The property often flooded (creating what was known locally as 'Lake Zito') and the owners did some minor grading to alleviate this issue. Unfortunately, the grading didn't eliminate the lake; it merely moved it north to the parking area across from Legends. This lot became known as'Lake Legends' and was subject to flooding even in minor rainstorms. Parking was extremely limited in inclement weather; often our guests would have to wade out of the restaurant to move their cars out of the parking area and move them to higher ground as Lake Legends filled. - We understand an above-ground septic system is proposed for the new restaurant. After Sandy hit, according to news reports, opening up similar systems in other low-lying areas on Long Island and allowing waste to flow into the Sound, the Ocean and assorted bays and inlets, we feel allowing an above-ground septic system is inviting this risk in a way that is unacceptable for the environment. The fact that the dimensions and cost of such a system are unknown at this time makes its installation an even larger threat to Peconic Bay. The system's dimensions must be established and scrutinized as to environmental impact before proceeding. P.O. Box 321 . 835 First Street . New Suffolk, NY 11956 Ph:631-734-5123 Fx:631-734-2642 www.northfork.com/legends First Street is New Suffolk's Main Street equivalent, with a few businesses, a post office and homes. An increased threat of flooding makes life more difficult for residents who are often trapped on their own property during weather events. Will a bulkhead be built? This also concerns us; Could it force water to rise even higher and sneak around Captain Marty's and cause even worse flooding on First Street? Sandy's effect was particularly dramatic, but as anyone who's seen the front of Legends getting sandbagged before moderate storms can attest, flooding is always a risk here; if you can't secure all openings to the sea, could raising the bulkhead could make it even worse? We feel that an engineering project of this size, especially in light of current environmental conditions, should be soundly vetted by experts. The U.S. Army Corps of Engineers has been called in for similar projects; we'd like to see them (or someone they recommend) as consultants on the proposals for the New Suffolk Waterfront and possibly assist in damage mitigation before another big storm hits. Other municipalities have made such arrangements to protect their environmentally at-risk areas from severe damage and New Suffolk would benefit from their expertise as well. • Parking: New Suffolk parking is already limited by the size of the area. Between a restaurant, a shop, a beach, a 24-slip marina, a fishing station and a park, parking for day visitors, guests of residents and cars and trucks bringing boats to launch is already extremely limited. Several years ago, New Suffolk asked Southold town to restrict parking in the area (limits on parking for boats with trailers; time-limited parking in front of the post office; parking prohibited on Jackson Street); while these restrictions did help residents, they also push parking toward the waterfront and restrict parking for Legends' guests. We are concerned that adding another business without sufficient additional parking will make this situation even worse. In the summer, cars are parked along local roads in front of homes and partially on lawns. Another business would be a detriment to those who live here. - Southold Town code needs to be followed in its requirements for parking for a new restaurant. A 118-seat restaurant, or a 55 seat restaurant, would require substantial new parking for customers and employees to avoid making on-street parking even more unbearable. - The current parking lot (parallel to Capt Marty's and marked "New Suffolk Waterfront Fund PARKING LOT ONLY") was established in the fall of 2012. We are concerned as to the availability of this lot for local visitors and want to ensure that this is not going to be turned into a de facto private lot for restaurant guests or counted toward the required parking for a new restaurant. This parking lot should be available for visitors to the entire area and not merely used to meet the code requirements of a new business. • Financial considerations: We understand that a restaurant on NSWF property may help pay for some upkeep of the property, yet how much? A restaurant is not a panacea for all that ails you; on the contrary, it can be a huge financial drain. Expected revenues and NSWF expenses, especially since the NSWF will not be directly running the business, do not seem to have been thoroughly analyzed. The lack of transparency has us concerned as well. - What is the cost of moving or rebuilding the old Galley Ho building (including hiring architects and engineers), installing code-compliant sprinklers and building a septic system? Such costs are substantial and may not be feasible when compared to potential revenue flow. - What is the expected leasing fee for the building? Would this fee be tenable for a potential leaseholder? NSWF may spend money on rebuilding and making the space ready for business, but the cost of a lease, utilities, flood insurance and other expenses might make potential lessees balk. - What will be the restaurant's tax status insofar as NSWF's 501 (c) (3) status? With a commercial business not directly related to the 501(c) (3) status, remove the property tax exemption? I would think so. This status does allow for operation of money-making ventures on the property, but the venture must relate to the property's purpose, like a museum's gift shop relates to the museum, in a way that doesn't jeopardize the not-for- profit status. - Are contingencies in place for damages incurred in the next Sandy? We are concerned that the NSWF could turn into a de facto guarantor of uninsured expenses for a business on its property, removing the incentive for those who contribute to the Fund who do so in the hopes of helping the NSWF maintain an open space for all. Solicitation of additional donations could be hampered if a large portion of the money goes toward recycling funds into repairing buildings, landscaping that constantly needs replacing due to salt-water flooding, toward the purchase of flood insurance every year and covering expenses not covered under flood insurance. • Environmental ethics: In Governor Cuomo's State of the State address, he said, "Climate change is inarguable, because 100-year floods are arriving everyfew years.... There are parcels that Mother Nature owns. She may only visit once everyfew years, but she owns the parcel and when she visits, she visits (italics ours)." Those of us who live or own businesses in New Suffolk know this firsthand. The attached photos show the area even before Sandy's peak. Legends borrowed 2 h - 3-foot-high concrete barriers to prevent flooding and still sustained more than $300,000 worth of damage to the building and equipment (with our insurance claim still unpaid); this number excludes our loss of businessl - Cuomo also stated, "New structures and major renovations should meet stricter 'survivability'standards (italics ours)." We are concerned that we will all pay a high environmental price for a new structure so close to the water here. We don't need a boondoggle of an endless cycle of damage, closure while waiting for government or insurance money to arrive; damage repair and loss of income after the next storm. It's a price we all end up paying, whether it's due to diversion of scarce government funding, increased insurance rates, or donations to victims. We should all be working together to mitigate future damages in a flood zone. To us, that is far more important than building new things. Additional building is a risk to all of us who currently live and work in New Suffolk; let's try to better protect those properties that are already extremely threatened in storms. We have already implicitly agreed to take on some risk as the cost of having the beauty of the area around us, but we need to make sure any future development does not bring additional risk to this fragile beauty. There are a number of alternate projects that would have lower costs, cause fewer parking issues and have a lighter environmental impact; some would also provide valuable services to waterfront visitors both by land and boat. For example, a T-shirt and snack shop, like near Claudio's, could sell bags of ice and drinks for boaters, snacks for beachgoers and souvenirs for visitors. A pavilion that allows water to flow under pilings could support a lunch truck. As we always say, if New Suffolk could investigate the feasibility of taxing New Suffolk residents and businesses $500-1000 per property, maybe in the long run that is a simpler and more environmentally proactive solution. Surely we can meet community needs without rushing into a huge project with untested impact. Maya Angelou said, "The wise woman thinks twice and speaks once;" we should strongly consider those words before beginning any new projects here in New Suffolk. Sincerely, Diane off Attach; Storm Sandy in New Suffolk <t atl~c!~mentasp~ (,WG linige. 960 7 11 1 . 1 h u 1 i ~ ' nriiLauLcuni 89-I I 1 aol-b cn-w, mail 'wM L k aw ~ of 1 7 30 13 8 ? AM L"cl-attachinent.aspx(JPFG, Image. 960 7--l( tl~l http:"mail.,uol.coll I I I'anl-6 cn- us~Inail eet att,lclimr. q aspx?... y + 1 a ~ . y. r5G f I y N x H '6~:^~ J` T56'~t .2' .°fa n.rlYry 4 ~ ,Ji v~ 1 I ~ I Iot'I ?7?0134:30AM Page 1 of 1 Toth, Vicki RECEIVED From: Arlene Castellano farlene.castellano@gmail.com) Sent: Tuesday, February 12, 2013 8:28 PM FEB 13 2013 To: Toth, Vicki BOARD OF APPEALS Subject: New Suffolk Dear Ms Toth. We are writing this to voice our disapproval of the plan to construct/rebuild a new restaurant to replace the structure that previously housed "The Ho". When the group of people who organized to purchase this site started out, the purpose was to create open space for the community. Through various fund raising activities they have brought an enormous amount of cars, traffic, people and noise to this hamlet. We would like to know if a traffic/parking survey has been conducted by a professional organization. New Suffolk is a tiny hamlet and the amount of cars that a new restaurant or any commercial enterprise would generate must be studied, and put to a vote by the entire community. It seems serendipitous that this discussion is taking place in February when many residents are elsewhere. We would not like to see New Suffolk's beauty be destroyed or turned into a parking lot for a new restaurant. As it is, a part of the site has already been turned into a parking lot. Is this allowed by the town? How does this equate to open space for the community. The parking in New Suffolk has become a major problem, especially in the summer, when people park everywhere to avoid buying a permit or paying the fee to park at the beach. It seems that the plan to erect another restaurant is a scheme to secure funds without considering the effects it would have on the community. Thank you for your consideration of this letter. Sincerely, Arlene Castellano Frank Castellano 1275 First Street New Suffolk, New York 11956 631 734-4137 2/13/2013 George Maul P.O. Box 635 P RECEIVED New Suffolk, NY 11956 FEB 12 2013 Feb.12, 2013 Dear Leslie Weisman and Southold Zoning Board of Appeals, BOARD OF APPEALS With regard to application #6617 by the New Suffolk Waterfront Fund: Back in 2008, when the Peconic Land Trust held "consensus" meetings at the New Suffolk schoolhouse, the majority of the village voted in favor of open space (attached handout from PTL). Not open space with a bar/restaurant. Restaurant was #10 on a list of preferred visions for the site. The PTL assured the people of New Suffolk that covenants and restrictions would be put in place to assure that no intensification or development would occur. What happened to that? The process has been short circuited. How does an intensified use of this piece as a restaurant preserve open space? I appreciate Mr. Dinizio's remark that he changed his position regarding Mitchell Park in Greenport and now enjoys events there. I have thought long and hard about how I might appreciate some form of business at this location. Unfortunately, The NSWF has shown itself, over and over again, to be a poor neighbor. I would prefer large boat storage buildings across the street from my house that were run by an honest and competent business concern to this evershifting band of characters who have their own private hidden agenda cloaked in the guise of "what New Suffolk wants". It is a very dangerous, divisive situation from a community point of view and the zoning board has fallen for it. I was very upset at the last meeting that the zoning board painted a picture of 25 to 2 for the proposal. It is not a true representation of New Suffolk. Yes, everybody has to stand up and be counted and that's how democracy works. But many people are so fed up with the NSWF that they don't want to get themselves upset thinking about it anymore. Doesn't the Zoning Board have a responsibility to protect the common people of New Suffolk who are not politically active and just prefer to go to work every day instead of showing up at your multiple weekday meetings? Also, many of the letters were from people who don't live in New Suffolk. I'm sure I could get my friends and relatives in California to send letters against the proposal. It appears that the Zoning board would consider that relevant. Thank you for your consideration. Sincerely George aul Cc: Tim Caufield, PLT PECONIC LAND TRUST New Suffolk Waterfront Project Partner Identification Process Drafted April 2008 Open space • This term means land in its natural state, or, in the case of the New Suffolk Waterfront, restored to a near natural state through clean-up and remediation efforts and/or the re-introduction of native landscaping. • This use may include the introduction of passive recreation facilities such as: nature trails, walking paths, interpretive signs, picnic tables and benches. • These facilities could be used for walking, photography, bird-watching, Wednesday-night race viewing, picnics, etc. . • This type of land use can be in public, private or non-profit ownership and can be made accessible to all town residents or limited to New Suffolk residents and their guests, only. Park • As with Open Space, this term describes land restored to a near natural state through clean-up and remediation efforts and/or the re-introduction of native landscaping. • Unlike Open Space, this use may include active recreation facilities, the latter of which might include restrooms, a playground, and other support facilities, such as a small boat storage rack suitable for seasonal storage of kayaks, rowing sculls, wind-surfers, dinghies, and small one and two-man sailing craft. • These facilities would accommodate a wider range of recreational activities than would be permitted in a passive open space area. • This type of land use can be in public ownership, and accessible to all town residents, or in non-profit, quasi-public or private ownership, and accessible only to New Suffolk residents and their guests. 1 PECONIC LAND TRUST Post office • The original post office on this site burned down in 1993. The existing post office is leasing space across the road, between Main and Jackson, on First Street. This lease will expire in 2013. • If the post office is closed, the 11956 zip code will be lost and all box delivery will be shifted to the Cutchogue Post Office on Griffing Street. • Re-introduction of this use on the site would require obtaining Town permission to re-instate the use and construction of a new building that meets federal standards and includes an employee restroom. • The structure most likely would be leased to (not owned) the U. S. Postal Service. Coffee shop/Newspaper stand • This term means a very small, privately-operated business providing newspapers and take-out food, such as coffee, milk, snacks and baked goods prepared elsewhere. It would be similar to the business that existed in the combined post-office/general store which burned down in 1993. • The space for this business could be leased to the entrepreneur by a private, public or non-profit owner. Community center • This use describes all or part of the site and/or a building for community events, such as New Suffolk Civic Association meetings, pot-luck dinners, fund-raisers and related events. • If the restaurant use is terminated, or reduced in size, the community center could be housed in the restaurant building. • Non-commercial kitchen facilities could be included (along with renovated bathrooms) in order to facilitate community use. 2 PECONIC LAND TRUST Club house • This use consists of a building owned and operated by a private, non-profit membership club, for the benefit of its members. • A club house may be used for club events such as meetings, recreation, social affairs with food and drink, fund-raisers, etc. • If the restaurant use is terminated, that building could be renovated into a club house. • Non-commercial kitchen facilities could be added (along with renovated lighting, bathrooms, heating, air-conditioning) in order to facilitate the club house use. Youth sailing center • This use would consist of a seasonal, day sailing school for young people. • The use most likely would require the placement (or construction) of a small clubhouse to house the office, sails and other boating equipment, two restrooms, and an instruction room. • Outdoor storage of small sailboats (under 21 feet in length), on hand-trailers or stationery racks will be necessary. • This use could be run by a private membership sailing club, such as the Old Cove Yacht Club or other similar organization. • As with the other uses, all or part of the site could be sold and/or leased to the managing organization. Historical museum / Submarine memorial • The Holland Sub-Marine memorial and flagpole could be enlarged and/or relocated to another spot on the site. • The existing storage barn in the center of the site, between the restaurant building and First Street, could be renovated into a museum. • The storage barn could be used in place or moved to another spot on the site. 3 PECONIC LAND TRUST • Fairly extensive renovation of the storage barn might be necessary in order to protect historical artifacts and displays. • Funding to renovate the barn and manage the museum could be raised from sources interested in historic preservation. Pier • This term refers to a boardwalk-type of pier which would extend seaward from the end of Main Street (where the concrete road ends) out to a point approximately parallel to the entrance to the existing boat basin/marina. (See aerial map for approximate location.) • The pier would be accessible only to pedestrians, and could be either a simple wooden boardwalk or a larger, more spacious promenade. • The larger the pier, the more people and uses it would be able to accommodate. For instance, depending on its design, size and construction, a pier could be used for strolling, benches, a binocular stand for watching the Wednesday night sailing races, and even fishing. • Construction of a pier would require removing some or all of the existing jetty just south of the marina basin. • The expense of construction, ongoing maintenance and insurance liability is likely to be significant. • The pier could be financed with private funds or with public funds (e.g. town or state money). If public money is used, broader public access will be required. Restaurant • This term includes a range of restaurant uses from formal sit-down restaurant to a more casual snack bar or take-out type restaurant with a limited menu. • Continuing this use will require renovation of the two restrooms, re-construction of the commercial kitchen (including purchase/installation of equipment/appliances), as well as a new septic system. • The intensity of this use cannot exceed the current waste-water permit for a total of 98 seats, of which 40 are outside the building. 4 PECONIC LAND TRUST IV • If the restaurant use is restored to its permitted intensity, 98 seats, no other new uses may be added to-the-site. This means the site could contain only the marina and the restaurant. • Introducing any other potential uses (other than open space) will require reducing the number of seats in the restaurant in order to stay within permitted septic capacity. • This type of business could be in public or non-profit ownership and could be leased to a private operator. In addition, it could be accessible to the public or limited to club members and their guests. • The restaurant is considered a pre-existing, non-conforming use by the Town. Therefore, once the use is terminated, it may not be possible to re-instate it. Marina/Boat basin • This use consists of the land north of the stone jetty, and consists of docking, bulk-heading and boardwalks surrounding the boat basin. • The basin can safely harbor between 19 and 22 boats, depending on size. (Expansion of the basin is not under consideration due to regulatory restrictions, environmental issues and the financial costs.) • Continuation of this use will require repairs to the existing infrastructure. • The boat basin would benefit from the addition of electrical and water service to the docks, as well as security and safety lighting. • The travel lift is being removed. It will not be replaced due to the high reconstruction, operation, and maintenance costs associated with keeping it. • Depending on insurance, financial issues and other community considerations, the boat basin use might include limited upland storage of boats. • A boat basin can be in public, private or quasi-public ownership and could be leased to an operating agent. 5 PECONIC LAND TRUST • Access to the boat slips also could be limited to New Suffolk residents, and/or club members, could be made accessible to Town residents or could consist of a combination of these. For more information, contact Stephen Searle, Pemnic Land Trust, at 631.283.3195 or email ssearl@peconiclandtrust.org. Additional information can be found on our website, www.peconiclandtrust.org 6 • Page 1 of 1 Toth, Vicki From: Roberta Cropsey [robaker3@gmail.coml Sent: Tuesday, February 12, 2013 10:15 AM To: Toth, Vicki Subject: attached letter re: NSWF proposal Attachments: NSWF letter.docx Thank you for the helpful information, Vicki. I'm in NH wearing a neck brace and won't be back in New Suffolk until after the 14th. But I've writtten a letter attached based on information and concerns that I have. Sincerely, Roberta Cropsey RECEIVED FEB I s 2013 BOARD OF APPEALS 2/13/2013 February 11, 2013 Ms. Leslie Weissman, Chair Southold Town zoning Board of Appeals RECEIVED Southold Town Offices Southold, NY 11971 FEB 1 3 2013 BOARD OF APPEALS Dear Ms. Weissman, I'm very concerned about the New Suffolk Waterfront Fund's current proposal to build a 55-seat restaurant at the site, and urge the Southold Town Board of Appeals to turn down the request for a zoning variance until thorough parking, flooding, and environmental impact studies have been completed and economic necessity has been demonstrated. At present, I'm not convinced of the wisdom or viability of this proposal. New Suffolk's population and commercial activity during the summer could certainly sustain a temporary, moveable structure like a snack van; but I do not think a permanent structure built in an area prone to severe flooding and storm damage - for a restaurant that potentially would be underutilized or perhaps even closed from October to May - would be in the best interests of this community, or even necessary. Buildings, above-ground septic systems, and parking lots increase runoff, and flooding is already a problem here without the potential for more storms like Sandy. In addition to increasing environmental risks, this proposal seems to run counter to the goals of the New Suffolk Waterfront Fund, a non-profit whose stated mission is to protect this waterfront area and guarantee public access for present and future generations. Hundreds of North Fork residents and tourists pledged support, raised money, or contributed to the cause of preventing unnecessary or obtrusive commercial development on this site, an environment enjoyed by many. It seems a betrayal of the public trust to build a restaurant here, especially when it seems that it has been possible to pay most or all of the holding costs by renting dock space during the summer. Perhaps a compromise could be reached by leasing parking space to a seasonal food service that would not require site alterations, result in lost public access, or disrupt the waterfront view. I believe temporary or maritime uses should be explored or expanded before a permanent commercial structure is built in a flood zone, which is also a valuable viewscape and recreation area. Respectfully, Roberta Cropsey 6695 New Suffolk Rd. New Suffolk, NY 11956 Victoria Germaise 345 Bunny Lane, PO 45 New Suffolk, NY 11956 February 12, 2013 RECEIVED Ms. Leslie Kanes Weisman, Chairperson and FEB 13 2013 Zoning Board of Appeals Town of Southold BOARD OF APPEALS Southold, NY 11971 RE: New Suffolk Waterfront Fund (NSWF) application #6617 Dear Ms. Weisman and Southold Zoning Board of Appeals, Firstly, please know that I believe the intentions of the NSWF are honorable, and, in the spirit of community, I've contributed to some of their fundraising efforts. Four years ago, when I moved to New Suffolk, I attended several NSWF meetings. The questions/issues I raised then are the same questions I have today. At that time, I was shot down, chastised for being negative, and told that my questions had hampered their fundraising efforts. Their fundraising skills have proven effective. Their endgame plan, remains, at best, naive. The lack of financial transparency is also troublesome. - What are the annual carrying costs for the property, as-is? Tax, insurance, maintenance. - What is the lowest-impact means to meet those obligations? I was shocked and delighted to hear that, with minimal effort and less-than-ideal accommodations, the NSWF slip rental operation raised $20,000, this past summer. This activity seems like the obvious business route to pursue. Remediation of the marina would not only provide the most sensible business application for that spot, but may also serve to protect the property from weather impact. I am of the opinion that this hamlet of 330 residents does not need a second restaurant and/or liquor license. Both Barbara Schnitzler and Gail Wickham, in their statements, sought to minimize the impact of the proposed restaurant by calling it a "seasonal snack bar." If that is truly what they are aiming for, let's get the Hot Dog truck to park at the end of New Suffolk Avenue because it is foolhardy to spend the time, energy and money it will take to: - Haul the wreck that is the Galley Ho, back 75 feet (isn't that exactly where the other wreck, the barn, currently stands?), - Renovate the building to current code, build a septic system All this, to rent it to a third party, who will have every expectation and right to maximize his rent dollars by aggressively promoting and operating a business which he hopes will sustain and turn a profit. This is • • certainly at odds with statements made, that the NSWF, as landlords, would limit any tenant's hours of business and/or business activities to ensure our communal tranquility. These are likely mutually exclusive. NSWF MISSION STATEMENT • to preserve and protect New Suffolk's unique and historic waterfront in ways that respect the property's scenic beauty and maritime heritage; • to support recreational, educational, and commercial activities on the site that enhance community life and are environmentally sustainable for both the uplands and the bay; and • to assure public access opportunities now and for future generations. I fail to see how the NSWF's current course of activity falls within their stated mission. With the recent sale to Louis Bacon, half the property is no longer accessible to the public for sitting, strolling or picnics. Now, the remainder is in danger of being lost to a dubious business venture that is likely to endanger/aggravate the fragile landscape of existing, occupied structures on First Street. Where is "preservation" in this plan for a restaurant and a parking lot? Last but not least, Restaurant, is consistently #1 on Lists of New Businesses That Fail. I thank the Board for taking the time and care to review this very important matter, the outcome of which will forever impact one of the few magic little spots left in these parts. Sincerely, Victoria. A. Germaise RECEIVED FEB Y 3 2013 BOARD OF APPEALS -4 S I S Gw~e old - ' ~Y `i s Q~~~ i~ We W~i~ f AV'- rna~,y A av~ a10( ih rdti,aGi` `ham e ~c rss ~'l~G~GI hrs. ~tii,wo~ p~p~ /tree he ~t o `f~ e wf a~ A's is s~ " P-P e p~apLe a/ ,C Avg- 7&714- /1lYWIt - l S s 0-(t a, place. 0-1c 7we pYop~ S~eeim 9/6 Q Ge w iD ' / vl ~ aHt- Kv - s,f cuoz V WA q, s~ e afsi L~ vo v sf h~ s yw i r-~ i h( ~G~%7~/`- ~e~UY~ $p~uG~ilh~[ if ~h fVlbVll2~, Vol xlkd U-e- tww,4 f G S f a 04 Whtw Pev,6- -YO ws~ ft-v,-~~- wd~ - f a~fi pv~p~af'~l bq~ of w w ` fie o € o f firs r Sr ffwa4- ,ev bxj-~ 4e fiww k Y J~~ 0~ t(, j ~ p i~ wfs Of t4 ob~ 44_L If ~/t Jw -w 1 fD vdl~t7k&Lo Als IVF S- f 4 d( ~G? e rw vim' a4td way ` resYzwe,,i7 f tj~i e / s~- GLvi ce wa2 0 - s~p~c~ I I li i ' a a ~ I 11" a 0 r 1 ~ Rt 61 ~I 1 I y "AM • • Page I of 1 Toth, Vicki From: Catherine Caldwell [cathy.caldwell7@gmail.com] Sent: Thursday, January 03, 2013 1:09 PM To: Toth, Vicki Subject: [New Sender - ] - NOT SPAM / Re 01103113 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 n Town. Southold. ny. 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.caldwcll70q gmail.com 1/3/2013 . • Page 1 of 1 Toth, Vicki From: Catherine Caldwell [cathy.caldwel]7@gmail.com] Sent: Tuesday, February 05, 2013 9:01 PM To: Toth, Vicki Subject: Re a Vote of YES, from a Calverton resident and a volunteer Re NSWF Importance: High February 5, 2013 Attn.: Ms. Toth, Rep. Zoning Board of Appeals, I would like to express my YES Vote to re-open the Galley Ho, on the Waterfront, as a cafe; which is such a nice idea. I support the Fund's plans. I regret I am unable to attend the meeting scheduled on February 7. Sincerely, Calherine Catherine M. Caldwell Calverton Resident RECEIVED Home Phone: (631) 369-9761 FEB 6 2013 BOARD OF APPEALS 2/6/2013 Page 1 of I Toth, Vicki From: burnsr@suffolk.lib.ny.us Sent: Wednesday, February 06, 2013 12:03 PM To: Toth, Vicki RECEIVEj~ Subject: [POSSIBLE SPAM] - New Suffolk Waterfront Appeal FEB Attachments: zoning board of appeals.doc Dear Ms. Toth, BOARD OF APPEALS Attached is a letter that I would appreciate your forwarding to Leslie Weisman before the meeting of the Zoning Board of Appeals hearing scheduled for Thursday, February 7, at 10:00 AM. It pertains to the New Suffolk Waterfront's appearance before the Board. Thank you for your assistance. Sincerely, Rose Ann Burns 2/6/2013 RECEIVED February 2, 2013 FEB 6 2'U, 3 BOARD OF APPEALS Ms. Leslie Weisman and Members of the Zoning Board of Appeals Dear Ms. Weisman and Members, I reside at 4370 New Suffolk Road, New Suffolk, and am writing to urge the Board to approve use of the Galley Ho as a cafe. The Galley Ho has been a long and vital part of the history of the waterfront and is an integral symbol of the local industry that existed in the hamlet. It has also been an important part of the social fabric of our community and to generations of visitors who have enjoyed the special beauty and tranquility of our waterfront. Without the ability to use it as a cafe, and thus generate revenue to maintain the property, it would be particularly difficult to preserve the area. The broader plans for rehabilitating the property and making it an attractive, environmentally sustainable landscape would also have to be reconsidered and perhaps abandoned. If so, it would be a great loss to the residents of the Town of Southold and to the countless visitors who would not be able to benefit from its use. Sincerely, Rose Ann Burns Toth, Vicki From: Dan Petrie [drpetrie@earthlink.net] Sent: Monday, January 14, 2013 1042 AM To: Toth, Vicki RECEIVED Subject: [New Sender - ] - New Suffolk Waterfront ED Attachments: ZBA HEARING UPDATE TO VOLUNTEERS-1.doc JAN 14 2013 bN BOARD OF APPEALS ZBA HEARING DATE TO VOLUNTEI Hi Vicki, I think that any changing for a new 118 seat year round restaurant marina on the water in New Suffolk is going to have a big impact on the bay and this small Hamlet. It should not be decided in Feb when most of the residents are not around. (Nice letter from Joe Mckay but he is in Key West for the winter and lives in Greenport. This will not have any impact on him ) Attached is the email from the Water Front Fund. The number one thing the community wanted is not a 118 seat year round restaurant, it was open space and a park.There is always a plan B Thank You, Daniel Petrie First Street New Suffolk 1 RECEIVE,0 ZBA HEARING UPDATE TO VOLUNTEERS Hearing #6617 Jgp4 ; 13 OF ~p'PE Thursday's ZBA hearing was attended by so many of you, thank you! "CA"D ALS The hearing on the lot split with Robins Island Holdings is closed and we should hear the result within 2 - 4 weeks. We are optimistic. The hearing on the restaurant use remains open, and is on the ZBA agenda February 7 at 10 a.m. Because of a few concerns voiced at the meeting, I am asking another favor of all of you - PLEASE SEND AN EMAIL to show your support for a restaurant on the property. Here are some FACTS: It is critical that the property become self-sustaining. We cannot continue fundraising at this level. We are tired of asking, and you are tired of giving. Restaurant is the number one use requested at outreach meetings. People want the property to come back to life, as it does each time we host an event there. Over 90% of the north property and 90% of the south property will remain Open Space, with easements in place to keep it that way. The property has historically had a restaurant on it. The zoning code uses the term restaurant, although we want to create a cafe. We are proposing fewer seats than the former Galley Ho had. A cafe will enhance the marina, which has had very limited use in the last few years. We want to improve and utilize this deep-water marina again. We plan to keep our local history alive, by re-using our historic building. New Suffolk has a long-standing parking problem. For the past three years, we have been helping improve it by allowing Summer Girl and Legends to use 10 feet of our property for head in parking, doubling their capacity. We cannot change the fact that Legends and Summer Girl do not have dedicated parking, we can only make sure that we have it. The property has flooded many times in the past. We will repair our bulkhead and docks to help protect our town, and our engineer will design for drainage and flooding, but changing weather and rising sea levels are beyond our control. MOST IMPORTANT, there is no PLAN B. In six years, no one has ever come up with a feasible alternative except boat racks. Please send your email (groups are ok) to vicki.tothPtown.southold nv us Thank You! Page 1 of 1 Toth, Vicki From: Maria Romano (mariaromano@schoolworksonline org] Sent: Tuesday, January 15, 2013 1:24 PM To: Toth, Vicki Subject: [POSSIBLE SPAM] - cafe at Galley Ho location I am a resident at 1165 Theresa Drive and love to frequent the area at New Suffolk beach. I am very much in favor of a caf6 at the location of the Galley Ho and think it would inject life and vitality into the area. It will be a good revenue source as well Maria Romano The Children's Center for Early Learning 83 Marlborough Road Brooklyn, New York 11226 718 284 3110 x 212 tel. 718 989 9237 fax mariaromano(a)schoolworksonline.org www.schoolworksonline.org RECEIVED Maria Romano SEIT Supervisor ,JAIL 1 6 2013 BOARD OFAPPEAIS 1/15/2013 George Maul f_I P.O. Box 635 New Suffolk, NY 11956 IAN January 15`h 2013 Dear Leslie Weisman and Southold Zoning Board of Appeals, BOARD OF APPEALS As a full time resident of New Suffolk, I have serious concerns about the application #6617 of the New Suffolk Waterfront Fund to open a restaurant in downtown New Suffolk: 1. We need to know the final elevation of the site. Any septic system necessary for a 100 plus seat restaurant would raise the grade by at least four feet. This will obscure the "scenic vista" that the NSWF says they are trying to preserve. (see attached photo) Low profile fencing will only add insult to injury. 2. Traffic and parking are already huge problems in New Suffolk and this project will only make things worse, not better as represented by the proposal. 3. The consensus study originally done by the Peconic Land Trust indicated that the majority of residents preferred open space or park land as the use of the site. 4. The zoning provides for one use. These proposals and the NSWF website indicate that the fund plans to have a restaurant, a marina, a park, an outdoor amphitheater, a maritime grassland preserve, a boat storage building with private parking, a small history museum, a modest boat storage area, and a submarine memorial. 5. All of the community outreach meetings referred only to a small snack bar. 6. The NSWF is a privately formed not for profit corporation. It is not the government of New Suffolk. Its members are not elected by the residents of New Suffolk. It has no strict obligation to the residents of New Suffolk. For the President to say that 68% of the people have donated to their cause is misleading. Many people have donated who are against the present proposal. 68% of the people have not voted for this proposal and the NSWF has no such mandate as they claim. 7. In the past year the site has functioned as a 5K race ground, a catering hall, a marina, a yoga center, a paddleboard business, a shellfish hatchery, a festival site, an outdoor vendors market, a parade ground, and a community garden. 8. No one on the current board is a member of the downtown business community in New Suffolk. 9. Many of the board members and the current leadership are part time residents or don't even live in New Suffolk. Thank you in advance for your understanding and your vigilance regarding this matter. 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Ys"r' i, •d` v`1s6 T 1;~. i~ E4`µC A M . is "r'L'WFY - ~ ~ ~ ~ ~ ~'~r ~i+xb+a,~. r ? ref ~ wk' ~ '.dc w r. y t ~ 9xv 5c~?~~~ is~ - f i S~sEe~,1 t J Toth, Vicki From: paul maffei [ppmaffei@gmail.com] Sent: Thursday, January 17, 2013 242 PM To: Toth, Vicki Subject: [New Sender - ] - Restaurant/Cafe on New Suffolk Waterfront to whom it may concern, I have been resident and Southold tax payer for 30 years. The New Suffolk Waterfront Fund wants to be able to maintain our historic submarine base. We need a restaurant to be able to fund this enterprise. Please allow us to do so. Paul Maffei 6285 New Suffolk Road New Suffolk, NY 11956 P.O Box 52 631-734-2601 / RFCFIV~® B p~RO o 19 20>~ F~pp~gCs t Toth, Vicki From: lucille field goodman [musicfield@optonline.net] Sent: Saturday, January 26, 2013 9:09 AM To: Toth, Vicki Subject: Hearing #6617 ZBA To members of the ZBA and all interested parties: Call it a restaurant, call it a cafe, it is a lifeline for the property to be be self- sustaining, as well as adding to it's enhancement of the marina, and the park-like atmosphere and civility of the environment. Where there are people, children and adults, there must be food, and we hope to have a charming cafe that will make the atmosphere even more desirable than it ever was. Help us keep our local history alive; help us with our parking situation; help us to bring our wonderful property back to life. We New Suffolkers are working hard to achieve our goals which will enrich the North Fork to the benefit of all its occupants and visitors. Thank you for your vital consideration. Lucille Field Goodman RECEIVED 315 Fourth Street, POB 639 New Suffolk, NY 11956 BOARD OF APPEALS i Toth, Vicki From: Patsy Rogers [musicpatsyr@optonline.net] Sent: Thursday, January 24, 2013 6:01 PM To: Toth, Vicki Subject: New Suffolk Waterfront As a thirty-three year resident of New Suffolk, a former Board member of the New Suffolk Waterfront Fund, and a major donor to the purchase of the waterfront property, I am writing to urge the ZBA to rule favorably on both items before it. I understand that the hearing on the lot split with Robins Island Holdings is closed, and I can only urge you to agree that this arrangement is an excellent way to enable the Fund pay off the purchase price of the property. As to the north piece, which the Fund plans to retain, I urge you to allow the continuing restaurant use, which of course has historically been a use on that site. I hasten to point out that "restaurant" is probably the wrong word, as we wish to have an operation more like a cafe - smaller than the old Galley Ho restaurant which has been on the property for many years, though not operating recently. The cafe would enhance the use of our deep-water marina, which will be repaired and re-built and help bring life back to this beautiful waterfront. The residents of New Suffolk who have been working on this project for years have always expressed the same two desires about uses of the property in the future: keep as much open space as possible and have some kind of eating and meeting place. I feel that the current plan, as outlined at the recent ZBA hearing, will accomplish both of those objectives, and I urge the ZBA to vote favorably on the plan. Sincerely, Patsy Rogers 1 FCEIVFD George Maul P.O. Box 635 January 18", 2013 New Suffolk, NY 11956 BARD OF APPEALS Re: New Suffolk Waterfront Fund, Inc. #6617 Dear Leslie Weisman and Southold Zoning Board of Appeals, Thank you very much for letting me sit in on the public part of your January 17 meeting. It was nice to see people working so hard to explore all of the issues surrounding this proposal. I was particularly struck by the way that regulation, community, finance and politics all make it difficult to discern the right decision. I would just like to say that no less is at stake than the future of New Suffolk. Downtown New Suffolk is more than this particular lot. There is a larger community here that is not part of the NSWF. There is also an active town beach, other businesses and a boat ramp where people back up into a four way intersection all summer long. How raising the grade 4 feet will affect the entire village is yet to be determined. Would the town raise the road? How another restaurant will affect summer traffic flow and parking has not been addressed. These seem to be issues for the planning board but obviously this parcel needs to be integrated into the larger area in an intelligent way and that issue is now before you. Please continue to move slowly and keep the larger picture in mind. From a zoning point of view I still think approving a second use for a 100 seat restaurant is wrong. The argument that the NSWF is in a financial bind is no reason to give them permission to open a bar. A better plan needs to be called for now, Thank you, again, for your understanding and your vigilance regarding this matter. Sincerely, George Maul • i January 13, 2013 To: Leslie Weisman, Z.B.A. Chairperson and Board Members From: New Suffolk Civic Association BO ~/l.a Re: New Suffolk Waterfront Fund hearing ~RD OF'9pp FgLS We are writing in support of the New Suffolk Waterfront Fund to approve a zoning change that would allow a restaurant usage to help them create a source of income to support their programs and continue to improve the waterfront The waterfront fund was created from activities initiated by the civic association to protect and preserve the waterfront from unsightly and intensive development that would have been detrimental to the character of the hamlet There have historically been multiple food venues, from luncheonettes to ice cream parlors and deli counters to Bill-scale restaurants. We know by past performance that the waterfront fund will comply with an endeavor to meet all requirements set before them. This approval will help them continue to improve the waterfront infrastructure that will in the long-term help protect that part of the hamlet from storm damage and wave action with improved bulkheads and ground stabilization. This will also make it a more attractive area to the residents and visitors. Residents and visitors who have come to enjoy the "small town" ambiance and willingness of everyone to get behind this project have given our board members positive feedback We look forward to your favorable consideration. Sincerely, T G«~ (~.~1'~il 7 Paul Cacioppo President; New Suffolk Civic Association Page 1 of 2 Toth, Vicki From: LAurie6656@aol.com Sent: Sunday, January 27, 2013 12:47 AM RECEIVED To: Toth, Vicki Subject: Approval of Restaurant Use at the Old Galley Ho AH 4 Dear Zoning Board: BOAT OF APPEALS As we will be out of town on February 7th and unable to attend the second hearing, we would like you to know our position in this matter: We wholeheartedly support your granting a restaurant use for the Galley Ho as requested by the New Suffolk Waterfront Fund (NSWF) for the reasons listed below. 1. MONEY - It is critical that the property becomes self-sustaining, and we believe that having a restaurant to complement the marina is an essential piece of the puzzle. The NSWF cannot continue to ask people to keep giving their time and money, over and over again, year after year. Many New Suffolk residents are tired of constantly volunteering and paying out. They want the property to be able to take care of itself. 2. QUALITY OF LIFE IN OUR COMMUNITY - New Suffolk residents need, and deserve, a place in our own town to go for coffee/breakfast, get a newspaper, chat with our neighbors, and enjoy some food in the heart of our beautiful waterfront hamlet. Up until 1994 - the year the General Store burned down - we had all that - as well as a full service restaurant (i.e. - the Galley Ho.) Now we have nothing on this property. 3. PRESERVATION OF OPEN SPACE - New Suffolk residents were downright horrified when the previous owners of the property proposed to build triple-tiered boat racks for 150+ boats and parking for 180+ cars on the property. Thanks to the efforts of the NSWF, over 90% of the north property and 90% of the south property will remain Open Space, with easements in place to keep it that way. Please give them the tools they now need to succeed financially for the long term! 4. IT IS A WORKING/BUSINESS DISTRICT.... CARS PARKED ON THE STREET ARE EXPECTED - For the past three years, the NSWF has been helping to improve parking in New Suffolk by allowing Summer Girl and Legends to use 10 feet of its property for head in parking, thereby doubling capacity for their patrons' cars. These businesses, as well as Captain Marty's and the Post Office have zero dedicated parking for their customers (the one exception being one handicapped space at the Post Office.) They all do a brisk business, relying solely on on-street parking. It seems unfair to hold the NSWF to a much higher standard than all the other New Suffolk businesses have to adhere to. New Suffolk is a very special place and we have worked very hard to make this property, open, accessible, and a real asset in the community. We sincerely hope that the Board rules in favor of allowing the restaurant use. Thank you for your consideration. 1/28/2013 Page 2 of 2 Respectfully Submitted, Linda and Paul Auriemma 94S Fanning Rd. New Suffolk, NY RECEIVED JAN 2 8 ,'J!; BOARD OF APPEALS 1/28/2013 Toth, Vicki From: Barbara Butterworth [buttergillb@mac.com] R.EGEIVri Sent: Sunday, January 27, 2013 8:52 AM To: Toth, Vicki Subject: NSWF Application for Restaurant Use A! 2' Dear Members of the zBA, BOARD OF APPEALS I am writing in support of the New Suffolk Waterfront Fund's application for a restaurant/cafe use on the site at the center of the hamlet of New Suffolk. As many of you probably know, the site has long had a restaurant, one that many remember fondly. it was as community gathering place and a very special spot as it was right on the water. As a member of the board, I spend significant time at the site often meeting people who come down to enjoy the view. Invariably they remember the restaurant and hope something similar will be there again. Our vision is to create a beautiful site, mostly open space, on the water for all to enjoy. At the same time, though, we seek to revive the waterfront as a focal point for the community. A place to gather, meet friends, enjoy a cup of coffee and a beautiful view. Having a restaurant on the site is key to our being able to accomplish this community building vision. The restaurant is also an essential part of our plan to make the site self sustaining. We anticipate a restaurant/cafe smaller that what had previously existed on the site. We are aware of the fragile nature of the environment and the scarcity of parking in the neighborhood and so are mindful of the need to have a reasonable and sustainable footprint on the site. I urge you to support this application for a restaurant use. Thank you for your consideration. Sincerely, Barbara Butterworth Vice Chair New Suffolk Waterfront Fun 1 PRTRICIA I,OWRY 650 OLD FIARBOR ROAD NEW SUFFOLK NY 11956 917 648 0290 RECEIVED Ms. Leslie Weisman, Chairperson Southold Zoning Board of Appeals lAN 6J $ ZJt..i Southold Town Hall Southold, New York BOARp OF APPEALS Dear Ms. Weisman, January 27 2013 1 am writing in support of the New Suffolk Waterfront Fund's request to re-institute the restaurant use on their property in New Suffolk. I am a newly appointed Board member of the NSWF, but I have been a member of the community for much longer. In fact, my husband, John Touhey, and I have owned or rented a home in the area since 1977; and we have owned the Cutchogue Diner for 25 years. As (practically) old timers we have experienced the many iterations of the Galley Ho and we mourn its absence. As a young family we were attracted to the strong community in New Suffolk. We loved getting our mail at the old New Suffolk post office; buying popsicles at Bill's store; and enjoying a sand- wich on the deck of the Galley Ho. After the post office and general store were destroyed by fire only the Galley Ho survived. It was the anchor of the Waterfront for many years. Our family traveled across the water with our kids for fun summer dinners. Surprisingly, even now there are only one or two restaurants in Southold town where you can tie up your boat and dine. We need to bring that unique experience back to the maritime community of New Suffolk. Prior to becoming a Board member, I was a participant in the community meetings organized by the Waterfront Fund. The NSWF has worked hard to decipher exactly what the community envi- sions the use of Waterfront land and buildings. In that quest, there have been numerous open fo- rums and workshops. The process has been completely community focused with progress reports given periodically through both meetings and newsletters, and, more recently, through emails and postings on the website. Throughout this process the community has continuously voiced its strong desire to restore the Galley Ho to a waterfront gathering spot with food and drink. Now, as a Board member, I am very aware of the NSWF's goal to serve the community as best as we can. The new site plan calls for not only the Galley Ho to be used as a cafe but also to be used for classes and meetings as it has been since the NSWF took ownership. Our plan is to maintain control over the cafe so it stays in line with our vision. We imagine restoring the Gal- ley Ho as a step towards recreating the New Suffolk of our past while respecting the present and future needs of New Suffolk. I support the NSWF plans for the Galley Ho because it will bring back a much-needed and unique gathering spot for our community. It will once again be the anchor of the New Suffolk Waterfront. RECEIVED Sincerely, JAN 2 8 1 BOARD OF APPEALS Patricia Lowry • Page 1 of 1 Toth, Vicki From: Joe & Ellie Doeele45@optonline.net] Sent: Tuesday, January 29, 2013 1:03 PM To: Toth, Vicki Cc: Barbara Schnitzler Subject: ZBA hearind #6617 RECEIVED To: Southold Town JAN 2 J ZBA 2013 Jan. 29, 2013 BOARD OF APPEALS From: Joe & Ellie Polashock 2625 Jackson St. New Suffolk, NY 11956 Re: ZBA Hearing #6617 ZBA Members, We are sending this email in hopes that you will approve the request for a zoning change that will allow the New Suffolk Waterfront Fund to get a restaurant going on the property. This will create a flow of income to further the efforts of repairing and preserving the marina and the property in general. We are sure the waterfront fund will endeavor to comply with any requirements set before them. They have already helped the parking situation by allowing the use of the First street side of the property and some interior parking spaces for the use of Legends and Summer Girl. The Waterfront Fund has run many successful fund raisers with minimal impact and a lot of local support. A steady income stream would be extremely helpful in future planning for the site. Any and all repairs and improvements to the property will only functionally and visually help. There have been several restaurants, a luncheonette and convenience store operated on this site over a period of many years, all of which have been well accepted. We hope you will consider this in a positive way as you make your decision. Thanks for your consideration in the matter, Joe & Ellie Polashock, Residents and volunteers 1/29/2013 2/4/2013 S RKEIVED Patricia E. McIntyre 1970 Grathwohl Rd FEB 4 2013 New Suffolk, NY 11956 BOARD OF APPEALS Ms. Leslie Weisman Chair, Zoning Board of Appeals Re: ZBA Variance k 6617 Dear Ms. Weisman, I am writing as a resident of New Suffolk and a past President of the New Suffolk Civic Association (2008-2012). I am also on the Board of the New Suffolk Waterfront Fund (NSWF). The downtown property, now owned by the NSWF, has been threatened multiple times over the last 3 decades with large scale development that was totally inappropriate for the center of our small hamlet. Each of these projects received vigorous opposition from the majority of the community. The last straw was the proposal for 3 story high and dry boat storage with parking for 150 plus cars. At this point, members of the New Suffolk Civic Association resolved to purchase the property to ensure its preservation. The non-profit New Suffolk Waterfront Fund was created at the end of 2005 to accomplish this. Since that time the NSWF has been raising the funds to acquire the property and to repay an acquisition loan from The Conservation Fund. With the sale of the southern portion to Robins Island Holdings, the acquisition phase will be accomplished and the NSWF can move on to property restoration. I strongly support the approval of restoring a restaurant use at the waterfront. This has been a strong desire on the part of the community and most importantly will help the NSWF to be self- sustaining. Sincerely, Patricia E. McIntyre Former President, New Suffolk Civic Association RECEIVED Toth, Vicki From: Lauren Krug [Ikghomeoffice@optonline.net] Sent: Sunday, February 03, 2013 536 PM To: Toth, Vicki BOARD OF APPEALS Subject: Feb 7th ZBA Hearing on New Suffolk Waterfront, Inc. restaurant use To: Leslie weismann, Chairman and Members of the Zoning Board of Appeals As a past president of the New Suffolk Civic Association and current member of the board of the New Suffolk Waterfront Fund, Inc., I wanted to share with you some history regarding the New Suffolk Waterfront. I became president of the NSCA in 2002 at the same time the then owners of the waterfront property proposed a high end marina for the area. The NSCA immediately went into action to try and defeat this proposal through community meetings in which it was determined what the community at large felt would be the best use of the property. When the high end marina idea fell through it was followed by a proposal to use the waterfront property for high and dry boat storage. Again, the community at large protested and participated in successfully defeating this proposal. As part of these community meetings, it was determined that the best way to protect the waterfront from further development was for the New Suffolk Community at large to purchase it. At this same meeting, it was agreed that the Waterfront Committee become independent of the New Suffolk Civic Association and a proposal was submitted and a resolution passed by the by the Members of the New Suffolk Civic Assn. on behalf on the community creating the New Suffolk Waterfront Fund, which eventually became what it is today, the New Suffolk Waterfront Fund, Inc. a not-for-profit organization sanctioned with the responsibility of not only raising the funds needed to purchase the property, but with the purpose of determining what would be the best way to utilize t it. Many community meetings later, it was determined to respect the wishes of not only the residents of New Suffolk, but neighboring communities as well, and keep the Galley Ho building as a restaurant, the existing barn as a storage facility and the red utility building as a possible museum, gallery and place to hold classes. The other biggest request from the community at large, other than continuing to use the Galley Ho as a restaurant, was to maintain as much of the rest of the property as open space. This brings us to where we are today. In the past year the NSWF, Inc., aware of the importance of having as much space as possible for parking in an already congested area, built a parking lot consisting of 38-40 spaces on the northern most portion of the overall property. In addition, it has been determined that the segment of the property facing First Street could also be utilized for parking. My purpose in bringing up the parking issue is to demonstrate awareness and willingness on the part of the NSWF, Inc. to provide as much parking as possible so as to respect concerns of homeowners in the surrounding the waterfront area, and the rules and the regulations of the Town of Southold on issues pertaining to parking in tourist designation sites. During my six years as president of the NSCA, a great deal of my time and effort was spent working with Supervisor Russell and Highways Superintendent Pete Harris on ways to resolve the lack of parking for residents of and visitors to New Suffolk. As member of the New Suffolk Waterfront Fund Board, it is still my intention, and that of the Board, to work with-the ZBA, the Planning Board and the Town Board in resolving all parking issues related to the project at hand. In closing, I urge you, the members of the Zoning Board of Appeals, to vote in favor of allowing the New Suffolk Waterfront Fund, Inc. to reopen the Galley Ho as a destination restaurant for those visiting the New Suffolk Waterfront. Historically, there has always been a restaurant on this site in addition to restaurants on First Street. What is now Legend's used to be Bonnie's By the Bay and prior to that it was The Harbor Inn dating back to the 1930s and 1940s. The difference would be that the new Galley Ho would be more of a cafe in nature, with much less seating than in prior years. I thank you for your 1 consideration in this mat. • Sincerely, Lauren Krug Grant 2/3/2013 RECEIVED FEB 4 2013 BOARD OF APPEALS 2 Page I of I Toth, Vicki From: rzeller2@optonline.net Sent: Monday, February 04, 2013 1:06 PM To: Toth, Vicki Subject: new suffolk waterfront "cafe" This is to request that you approve the application for the above. Such a locale would be a wonderful venue for people who live in New Suffolk and nearby (me) to get together informally and will not be detrimental to its neighbors. There has always been a restaurant there. I will attend the meeting on Thursday the7th. Leslie Weisman seems to do her job efficiently, but we are worried and hope that the decision will be in our favor. Sincerely, Ruth E. Zeller 225 Willow Street Cutchogue, NY 11935 631-734-7726 RECEIVED FEE, 5 2013 tiCJkf"C1 C)F APPEALS 2/5/2013 Page 1 of 1 Toth, Vicki From: bbesttk@aol.com Sent: Monday, February 04, 2013 7:30 AM To: Toth, Vicki Subject: [SPAM] - New Suffolk Waterfront Galley Ho Dear Vicki As a resident of Cutchogue I encourage approval of the Galley Ho as a cafe to improve economic and social and aesthetic as well historical aspects of New Suffolk and surrounding communities. Thank you. „g , r RECEIVED FEB 4 2013 BOARD OF APPEALS 2/4/2013 • Page I of 1 Toth, Vicki From: Tptm@aol.com Sent: Monday, February 04, 2013 2:45 PM To: Toth, Vicki Subject: Galley Ho and the New Suffolk Waterfront Please support this endeavor because it is a unique opportunity to keep the New Suffolk Waterfront as a beautiful destination without a real commercial look that would be the demise of it true character. Any problems could be resolved with everyone's interest because we all want an area where there is enjoyment of the outdoors, also a place to get a reasonably priced bite to eat without the Manhattan prices and proper attire for Legends in the summer while at the beach. Thomas Scally, New Suffolk NY RECEIVED FEH 5 ?n"? 2/5/2013 • Toth, Vicki From: Gary Osborne [osbornenyc@gmail.com] Sent: Monday, February 04, 2013 200 PM To: Toth, Vicki Subject: New Suffolk Resident on First Street Dear Ms. Toth, My family and I have been a resident on First Street in New Suffolk for almost a decade. We are in full support of the New Suffolk Waterfront Fund's plans to not only preserve the property almost next door to us on Cutchogue Harbor, but also to build community through providing a small scale snack bar / restaurant. This is a wonderful idea that will bring the locals together and will also allow the NSWF to continue to thrive through establishing a business on the property. It will prove to be an asset to not only the community of New Suffolk, but is needed to continue to pay for improvements and the running of the Waterfront. We have been in full support of the NSWF's responsible & extensive planning and involvment of the community over the last several years and know that each decision and proposal laid forth is only a benefit to our unique community in New Suffolk. Kind regards, Gary Osborne 1200 First Street ^ New Suffolk, NY 11956 I' RECEIVED FEB 5 BOARD OF APPEALS • Page 1 of 2 Toth, Vicki From: Jean Goell Ugoel112@yahoo.com1 Sent: Monday, February 04, 2013 2:50 PM To: Toth, Vicki Subject: New Suffolk waterfront requests. RECEIVED FEB 5 2013 ~V Jeremy and Jean Goell BOARD OF APPEALS P.O. Box 22 New Suffolk, NY 11956 February 4, 2013 Vicki Toth Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: New Suffolk Waterfront requests. Dear Ms. Toth: We regret that we are not able to attend the meetings being held at Town Hall regarding requests made by the New Suffolk Waterfront Fund. _ The first request is that the NSWF be allowed to create and undersized lot. The second request is that the NSWF be able to once again use the the other side of the property to house a restaurant. Since we cannot be there, we would like to reaffirm our approval for both requests and let you know that we appreciate the time and effort being made by the Zoning Board of Appeals in considering these The NSWF has worked very hard over the past few years to obtain the property, to fund the purchase and to try to accommodate the interests of the local residents. Creating an undersized lot with the intention of selling it to the Robin's Island properties was not necessarily our original vision when this grass roots effort began, but it is generally viewed as the best way for the NSWF to move forward and still protect the property from development. The Galley Ho restaurant, which graced the northern side of the lot, was part of the character of the town for many years. It would be wonderful if a restaurant of that size or smaller could return to that spot. It would provide jobs and it would generate the funds needed to maintain the 2/5/2013 Page 2 of 2 properties. We have made several donations to the Fund over the last several years. We have volunteered our time cleaning up the space. We have volunteered to sell raffle tickets on behalf of the Fund. Our eldest son gives away free lemonade every 4th of July and takes donations on behalf of the fund. He has raised more than $600 over the past 4 years! Although we still want to be part of the evolution of the land, going forward, would like the Fund to sustain itself and if these two requests are approved, it will go a long way toward enabling the Fund to do this. Thank you for your time and effort in considering these requests made on behalf of the New Suffolk Waterfront Fund. Kind regards, n Jean and Jeremy Goell t RECEIVED FEB 6 2013 BOARD OF APPEALS 2/5/2013 Toth, Vicki From: Elaine Romagnoli [nyceroma@me.com] Sent: Wednesday, January 09, 2013 9:34 AM To: Toth, Vicki Subject: [New Sender - ] - ZBA hearing # 6617 As a long time resident of New Suffolk residing on First Street and as the former owner of Legends restaurant I wholly support the idea's put before you by the New Suffolk waterfront committee. The idea of turning the former Galley Ho restaurant into a cafe is very appealing not only to me, but, to many other members of this community. More importantly the fact that it should help off set the cost of maintaining the property while preserving its history and ecology seems to be a top priority among many of us. Sincerely, Elaine Romagnoli 1230 First Street New Suffolk,New York Sent from my iPad JAN ~ 4 i11 BOAR[? OF APPEALS i Toth, Vicki From: Steven L Figari [steve.figari@gmail.com] Sent: Wednesday, January 09, 2013 8:56 AM To: Toth, Vicki Subject: [New Sender - ] - New Suffolk waterfront As a long time resident of New Suffolk I would like to go on record as favoring a small cafe on the site formerly named the Galley Ho. It would be a great asset to our hamlet and enable this downtown parcel to become self sustaining. I appreciate anything you can do to bring this about. Thank you. Steven L Figari RECEIVED IAN - 9 2013 BOARD OF APPEALS i Toth, Vicki From: Ellen Goldstein [ellenora@optonline.net] Sent: Tuesday, January 08, 2013 415 PM To: Toth, Vicki Subject: in support of a restaurant... Dear Reader, Ellen and Gil Goldstein, as 16 year residents of New Suffolk, would like to support the idea of a restaurant on the site of the former Galley Ho. We are concerned about parking problems, but hopefully that can be addressed in the property and not overwhelm the area. Thank you. Ellen and Gil Goldstein RECEIVED JAN - 9 201? BOARD OF APPEALS i Toth, Vicki From: Shannon Simon [shannonsimon@optonline,net] kECEIVED Sent: Tuesday, January 08, 2013 5:38 PM To: Toth, Vicki Subject: The New Suffolk Waterfront Fund Restaurant Request JAN v '013 Dear Ms. Weisman and the Zoning Board of Appeals, BOARD OF APPEALS I was in attendance at the ZBA meeting on Thursday, January 3, when the New Suffolk Waterfront concerns were being discussed. I would have offered some information at the meeting, but because the meeting seemed destined to go into adjournment, I decided to write instead of taking more time at the lengthy meeting. As the New Suffolk Waterfront Fund's Volunteer Coordinator, coupled with managing the Waterfront's Community garden, I have had the opportunity of spending a lot of time at the waterfront site. People are always stopping to ask questions about what is going on with the Waterfront project, but the number one question that is asked by every one of the visitors is, "When is the Galley Ho going to open again?" In all, probably as many as 800 to 1000 people have asked that question when they arrive at the transient dock by boat, when they ride in on bicycles, when they are just passing through or going to Summer Girl or Legends and even Capt. Marty's. During events, people ask about when the Galley Ho will be open as a place to get a bite to eat. At the Chowder Pests, at the SK races, and even during the Sweet and Savory House Tour, the same question came again and again. Not only is the Galley Ho a lifeline for the Waterfront Fund, but it seems to have been a wonderful stopping off place for a bite to eat and a wonderful view of the that beautiful Bay. Please allow the Waterfront to reinstate the Galley Ho as a "restaurant" even though we are calling it a cafe. Sincerely, Shannon Simon 1 Toth, Vicki Fr6i`~E$ From: Joni Friedman [pedrogft@yahoo.com] Sent: Wednesday, January 09, 2013 7:18 AM To: Toth, Vicki Subject: [New Sender - ] - New Suffolk Waterfront BOARD OF APPEALS To Whom This May Concern, As a twenty year resident of New Suffolk, my family has enjoyed every aspect of living in our small and vital hamlet. The Galley Ho was the only port in the storm when we first came here and it was indeed a very special spot for meeting, resting, eating and enjoying the special view of the Peconic Bay. Over the last years of our extraordinary fundraising efforts, the Galley Ho has come back to life as a community center and beacon for the North Fork. Those whom remember the past and those hoping to enjoy the future with our unique, historical and community based restaurant have gathered for meetings, festivals and activities to make this all a reality. We need to preserve our special place whom so many have worked so hard to painstakingly bring to fruition. It must have the restaurant intact and fully functioning in order to make the New Suffolk Waterfront a self-sustaining environment. The restaurant is the most important key for us to keep this going forward into the immediate future. Watching a community come together and grow a unified preservation project is something spectacular. It has been a privilege. We have worked so hard to make this happen with the support of so many. Thank you for the opportunity to hear and consider our very vital project. Sincerely, Joni Friedman 1 a Toth, Vicki 6617 From: Joe McKay [crazyaboutwords@gmail. com] Sent: Wednesday. January 02, 2013 916 PM To: Toth, Vicki Subject: [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 70W 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 1 Page 1 of I Toth, Vicki From: James Grathwohl Ufgrathwohl@msn.com] Sent: Wednesday, January 02, 2013 7:11 PM To: Toth, Vicki Cc: 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: James 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 long-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 Page 1 of 1 Toth, Vicki From: JGiven@nwl.com Sent: Thursday, January 03, 2013 7:55 PM To: Toth, Vicki Subject: [New Sender - ] - Zoning Board - Attention: Leslie Weismann: New Suffolk Waterfront Meeting, January 3, 2013 Dear Ms. Weismann, First of all, let me commend you on running a professional meeting today with regard to the zoning variance petitions put forward by the New Suffolk Waterfront Fund (NSWF). It is unfortunate that all the zoning board members do not maintain the same level of professionalism and even perspective that you demonstrated today. After being at the meeting, I felt compelled to voice my strong support in favor of both proposals made by Attorney Wickham and Barbara Schnitzler. Being a property owner in New Suffolk for over 30 years, in additional to my family's ownership of New Suffolk property for 100+ years, the welfare and preservation of the waterfront are of significant importance to my family and me. The efforts and achievements that the NSWF has accomplished to date, on behalf of the hamlet of New Suffolk, are nothing short of exceptional and for that they should be commended. Furthermore, NSWF's efforts going forward should be supported and endorsed by your board. The parking issues voiced during the meeting are not germane to supporting this preservation project. As you aptly pointed out, there will be ample time during the site approval process for input, study and revision if required. The issues raised regarding parking, albeit a possible problem, are not germane to the proposal and thus should be dealt with separately. Finally, this preservation project is only sustainable given the generation of on-going revenue. The proposal submitted will achieve this while at the same time providing a service desired by the entire New Suffolk community. It is in fact a "win-win" for all and thus should be resoundingly endorsed . Thank your for your consideration and I look forward to the zoning boards unanimous approval of both subject petitions. Regards, Jim Given 159 Old Harbor Road New Suffolk, NY (6310 259-2182 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1/4/2013 Page 1 of 1 • • EIVED Toth, Vicki ~,>o From: Julie Saul [juliem@saulgallery.com] Sent: Tuesday, January 01, 2013 3:19 PM BOARD OF APPEALS To: Toth, Vicki Subject: [New Sender - ] - Waterfront Zoning for New Suffolk 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 corner of King and I st 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 terns 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 of a museum and learning center and I am really opposed to these sorts of .~¢eas. 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 j ul ierngsaulgallery.com 631-734-5888 646-244-5700 cell 1/2/2013 R Fisher 5-7802x5028 SOUTHOLD TOWN FIRE INSPECTOR 631-76 robert.fisher@town.southold.ny.us Page NOTES ESTABLISHMENT W*TaZfppJ-F r s/b/I 117-?- I~? DAT~E/ COMMENT Z ZS T~ ~X..~577 ~Ei s-rQc.~~ (Lc V( Als U N~ ~?Z CaN' s.~s ~uvDlc~4-r~~ ~N PAas~ S `Tn S ~-P Pp ~ ~ ~s t C3 L, t? BOARD OF APPEALS SP~toJ1g.L _cV ~IU !J i L_bJ i GS O j~EE L-Dl L(_._ E oL-) {-r 2 P0ezLk4-- ~S (Z iAA-tfE-7- -AID S ~ GO?JC~'2~ S - 6-9 Zoo S FireNotes ^ r • ~b, At,JA-r", AS BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson 0F SO~Tyo 53095 Main Road • P.O. Box 1179 ~O Southold, NY 11971-0959 James Dinizio, Jr. # * Office Location: Gerard P. Goehringer CA ac Town Annex /First Floor, Capital One Bank George Homing • w~~O 54375 Main Road (at Youngs Avenue) Ken Schneider OI~co Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 February 8, 2013 n ~/J Abigail Wickham, Esq. Ind u D P.O. Box 1424 11 ~J FEB 1320 13 D Mattituck, NY 11952 Southold Town RE: ZBA Application #6616, NSWF Fund, Inc. Planning 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. Sin rely, Vicki Toth Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Planning Board BOARD MEMBERS • • Southold Town Hall Leslie Kanes Weisman, Chairperson ~~OF so~Tyo 53095 Main Road • P.O. Box 1179 hO Southold, NY 11971-0959 James Dinizio, Jr. Office Location: Gerard P. Goehringer T Town Annex /First Floor, Capital One Bank George Horning • iO 54375 Main Road (at Youngs Avenue) Ken Schneider COUM'1 Southold, NY 11971 http: //sou tholdtown.north fork-net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 7, 2013 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 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 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 MII 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 Barrt/Storage building, a I-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. CTM: 1000-117-8-18&19 denoting the parcel 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, Inc 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 MII 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 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, Inc 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 purchase 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 Parcel 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 Filek6616 - NS WF Fund, Inc. CTM: 1000-117-8-18&19 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 1 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 Island 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. ft. 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 4267-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 4267-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 MII zone wherein the property is situate. 5. Town Law 4267-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 purchase. 6. Town Law 4267-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 267-13, 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 10/24/2012 "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. 1 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 Building 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 minions in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members: Weisman (Chairperson,) Horning, Dinizio, Schneider. This Resolution was duly adopted (4-0). (Member Goehringer was absent) Leslie Karnes Weisman, Chairperson Approved for filing /2013 I P~ M T LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL A. WICKHAM - JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 February 4, 2013 Zoning Board of Appeals Main Road Southold, NY 11971 Re: Appeal No. 6617 New Suffolk Waterfront 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 Ladies/Gentlemen: FEB - 4 2043 Enclosed are eight prints of a map stamped by Joseph Fischetti, P.E. showing existing buildings and sanitary, proposed parking, computations and bulkhead setbacks. The parking provided on site for 15 marina slips and 66 seat restaurant with accessory office satisfies the requirements of the Town Code. This is more parking than was available previously to the on-site 24 slip marina and 95 seat restaurant. Additional parking may be available along First Street, subject to Planning Board site plan review. The project has enjoyed broad community support based on many public meetings to keep local residents aware of the plans. The gentleman who opposed the application has issues which stem from his proximity to the public beach and launching ramp. He will be rewarded with a huge nature preserve directly in front of his property, rather than the intense development that an MII zone would allow. Very tru y yours, ` vV Abigail A. Wickham AAW/dm encl. Re/ns/approvals/Itraba2-4 a, cc: Southold Town Planning Board r Attn: Alyxandra Sabatino • • P614k,M-T,74S LAW OFFICES W ICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MAI'TITUCK. LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL A. WICKHAM JANE I' GEASA 631-298-8353 I ELEFAX NO. 631-298-8565 wwblaw d,aol.com January 9, 2013 Attn: Ms. Alyxandra Sabatino Southold Town Planning Board 53095 Main Road JAN 10 P.O. Box 1179 Southold, New York 11971 Re: New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC Lot Line Modification Application Premises: 605 First Street & 380 First Street, New Suffolk, NY 11956 SCTM# 1000-117-8-18 & 19 Dear Alyxandra: Enclosed is the outline of the Conservation Easement to be imposed on Parcel II upon transfer of title to RIH as part of Parcel 11. The easement itself is being circulated for approval among the parties and will be provided to you shortly. The easement will be in perpetuity and will be held by and administered by the Peconic Land Trust. Also enclosed is the draft Conservation Easement to NYS Parks to be Pursuant to the Board's request by letter dated December 18, 2012. The Parks Department has not yet finalized it's review of the easement area but has tentatively approved the enclosed draft easement. This easement also will run in perpetuity. Very truly yours, I/ Abigail A. Wickham AAW/dm encl. re/nswf/subdivionshdtnpdsabatino cc: Valerie Marvin, Esq. Schedule B Outline of Restrictions/Scenic Easement (Easement) for ROBINS ISLAND HOLDINGS, LLC ("RIH") Preserve (the "Preserve") The Easement to be placed on the Preserve will contain land use restrictions to permanently insure that future use of the Preserve will be solely as a nature preserve beyond the boundaries of the parking area/boat shed. Grantor: Robins Island Holdings, LLC Grantee: Peconic Land Trust, Incorporated Name of Easement: Preserve Easement Location: Approximately 1 acre of upland area at 650 First Street, New Suffolk, NY The Preserve will extend from First Street southerly to the present line of Robins Island Holdings, LLC, and from Main Street easterly to the general edge of the beach area, with a modified line at the northeast corner. As is more particularly described in the sketch attached hereto and made a part hereof as Schedule A. Purpose: To preserve the scenic, natural, undeveloped and open space values of the Preserve on the Peconic Bay waterfront, and to foster the growth of maritime grasslands and associated flora and fauna while protecting the scenic viewshed and the quality of groundwater and the waters of Peconic Bay, all in furtherance of Federal, New York State and local conservation policies. The use or development of the Property for any purpose or in any manner beyond the provisions allowed will be prohibited. Perpetual: The Easement runs with the land in perpetuity. Permitted Uses and Structures are limited to: 1. On the Maritime Grassland Community Area, low profile maritime grasslands with associated plantings 2. Low profile fence within perimeter natural barriers along First and Main Streets 3. Landscaping and planting permitted under Sections 1 and 2 to be consistent with RIH's plantings on the adjacent parcel known as SCTM# 1000-117-8-19 (the "Adjacent Parcel"); and designed and maintained so as not to substantially interfere with scenic values of the Property and which further the visual aim of protecting the Peconic Bay viewshed. 4. Low profile dune on Maritime Dune Plant CommunityArea 5. Temporary fencing if necessary to block access to areas requiring revegetation. 6. Osprey pole or similar nesting site. 7. Minimal irrigation to establish and maintain plantings, RIH to maintain plantings. 8. Underground electric solely for minimal lighting and security installations at perimeter of property. 9. Shed for small boat storage as shown on Schedule A, to be attached to RIH's existing structure, subject to approval of the Town of Southold. 10. Permeable parking area as shown on Schedule A, including access to the proposed boat storage shed from parking area, with primary entrance to parking area from RIH Adjacent Parcel, unimproved single lane outbound permeable limited access to First Street with gate. Prohibited Uses: All uses not specifically authorized are prohibited, including without limitation I. All other structures and improvements. 2. Sanitary facilities, including underground. 3. Permanent boat or truck/trailer storage and hauling outside of the improved zone as described in Schedule A. 4. Picnicking and camping. 5. Mining, excavating, filling, subdivision, dumping, soil degradation, pollution, soil disturbance. Any commercial, industrial, or residential use of the Property is prohibited. PLT Continuing Oversight: PLT has right to an annual inspection to monitor compliance with Easement, and PLT has right to take legal action to enforce the Easement. Ownership. RIH has the right to exclusive possession of the Property, within the limits allowed by the Easement. Amendment: The Easement can be amended only with PLT and NSWF written consent if necessary to adapt to current conditions, and only if the amendment is consistent with the purposes of the Easement. RE/NS/RIH/OutlineEasement <<Appl ication_Type»-«Contractober>>-<<V ariab le_N umber)> <<Region_Code» <<Project_Name>> Office of Parks, Recreation and Historic Preservation EPF Conservation Easement ECL Article 49 CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, made this day of 120 between the NEW SUFFOLK WATERFRONT FUND, INC., having an address at 650 First Street, PO Box 146, New Suffolk, NY 11956 ("Grantor'), and THE PEOPLE OF THE STATE OF NEW YORK, acting by and through their COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION, having an address at Empire State Plaza, Agency Building One, Albany, New York 12238 ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of all that certain real property located in New Suffolk, uCounty>> County, New York, as more particularly described in Exhibit A attached hereto and made a part hereof (the "Protected Property"); and WHEREAS, the Protected Property possesses significant recreational, scenic, historical, architectural and open space features and values; and WHEREAS, Grantor is, as of the date hereof, with the granting of this Conservation Easement, confirming its commitment to develop, maintain, operate and provide for the public's use and enjoyment a PARK PROJECT as defined in 9NYCRR 439.2m and 441.4b; and is agreeing to construct, develop, preserve and operate a park on the Protected Property as required in 9NYCRR 441.4b; and WHEREAS, the State of New York has awarded the Grantor a grant under the provisions of the Environmental Protection Act in connection with EPF Grant No. E10025 for the acquisition of the Protected Property; and WHEREAS, the Protected Property will be used as a public park which will include open space, picnic areas, beachfront area, waterfront viewing area, fishing pier, submarine base memorial, and historical areas, among other amenities; and WHEREAS, Grantor has agreed to place restrictions on the Protected Property as part of its transaction with Grantee, while retaining the use of the Protected Property as a public park as defined above; and WHEREAS, the State of New York has enacted Article 49, Title 3 of the Environmental Conservation Law (as the same may be amended, "Article 49") to provide for the limitation and restriction of development, management and use of real property by Conservation Easement; NOW, THEREFORE, in consideration of the facts above recited and of the mutual covenants, terms, conditions and restrictions herein contained and other good and valuable consideration, Grantor does hereby grant and convey to Grantee, its successors and assigns forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terms, covenants and obligations on Grantor's part to be observed and performed and Grantee's rights to monitor and enforce same, all as hereinafter set forth, over and across the Protected Property (the "Easement"). 1. Purpose. The purpose of this Easement is to grant to Grantee certain rights to restrict the use and development of the Protected Property to protect in perpetuity the use of the Protected Property for the purpose of providing waterfront open space for public access and use, and through such protection, enhance, preserve and protect said Park for the use and enjoyment of the public. (<Application_Typev-<<Contract*ber»-<<Variable_Numben) • <<Region_Codev aPrcject_Name» 2. Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose of this Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof: (a) Any commercial, industrial or residential uses of the Protected Property, except as expressly permitted herein. (b) The division or subdivision of the Protected Property. (c) The construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, docks or other structures or improvements of any kind or nature whatsoever on or over the Protected Property except solely the Permitted Improvements (as defined in subparagraph 4(a) hereof). (d) The dumping or storage of ashes, trash, waste, garbage and sawdust on any portion of the Protected Property, except such storage of the aforementioned material as may be normally and reasonably incidental to uses permitted hereunder. No chemical wastes or other hazardous waste materials may be dumped or stored on the protected property. (e) Dredging, mining, excavation, filling or other use of the Protected Property, which is detrimental to drainage, water quality, flood control or the fish and wildlife attributes of the Protected Property; subject, however, to Grantor's right to build, install, maintain, repair and replace the Permitted Improvements in accordance with the provisions hereof and all applicable laws and governmental regulations. (f) Disturbances of the Protected Property's surface topography, including but not limited to filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. (g) The use of toxic chemicals, including, without limitation, pesticides and herbicides, on the Protected Property, except in connection with interior operation and maintenance of the Permitted Improvements or as permitted by the Office of Parks, Recreation and Historic Preservation ("OPRHP") and the Department of Environmental Conservation ("DEC") or any other governmental agency having jurisdiction over the Protected Property and in accordance with all applicable governmental laws and regulations. (h) Except as may be required for emergency purposes or for necessary management actions of Grantee or Grantor or for the construction and maintenance of the Permitted Improvements, the use of off-road motorized vehicles other than on the roads on the Protected Property, including, without limitation, automobiles, all-terrain vehicles and motorcycles. 3. Affirmative Rights Conveyed. (a) Grantee and its duly authorized representatives shall have the right to enter the Protected Property at reasonable times, for inspection purposes as contained in Paragraph 6. (b) Grantee shall have the right to review and approve any plans for development, construction or installation of structures or improvements on the Protected Property. 4. Retained Rights of Grantor. Subject to the purpose and provisions of this Easement, including, without limitation, the provisions of Paragraphs 2 and 3 hereof, Grantor reserves and retains all customary rights of ownership in the Protected Property, to the extent such rights are exercised in a manner which is not inconsistent with the use of the premises as a public park, including, but not limited to: «Application_Type»-«Contract*cr»-<<Variable_Number)) is <<Region_Code» «Project Name» (a) The right to renovate, repair and maintain the following existing structures and facilities, as Permitted Improvements, in order to enhance the premises for use as a public park: (1) Bulkhead structures, groins, revetments, and associated decking, pilings, docks, ramps, small equipment storage, and fencing, including replacement thereof; and installation of accessory lighting, electric, water and other appropriate utilities, and provision for signage for safety precaution. (b) The right to construct, install and maintain the following Permitted Improvements as enhancements to the Protected Property for use as a public park: (1) Parking areas, with associated utilities, fencing, signage, landscaping and drainage; (2) Underground sanitary facilities and underground drainage structures, and expansion thereof as necessary to comply with applicable regulatory provisions in connection with the use of the structures serviced thereby within the Property and adjoining property of the Grantor, and necessary fill and grading to properly install same in accordance with applicable Health Dept regulations. (3) Subject to approval by the Grantee, as evidenced by a letter signed by the Commissioner or her delegate, additional recreational, cultural and support facilities consistent with the use and enjoyment of the Protected Property as a public park. (c) The construction, repair and maintenance of any Permitted Improvement shall be undertaken in a way which mitigates, to the greatest extent practicable, any effects on any stream, wetland, pond, lake or other body of water located within 100 feet of such improvement. (d) The right to manage and improve the land and vegetation by landscaping, including planting, cultivation, trimming and removal of grass, trees, shrubs and flowers for the purpose of enhancing the Protected Property as a public park. (e) The right to include the area of the Protected Property for computation of density in connection with proposed improvements and uses on the remainder of the Grantor's adjoining property, for purposes of the Suffolk County Dept of Health Services codes and regulations and the Southold Town Zoning Code provided, however, that no construction needed for compliance with the code take place on the protected property beyond that which is permitted under this Easement. 5. Public Access. There shall be public access to the Protected Property, except that access to those areas customarily used for administrative, maintenance, safety and public health purposes, may be restricted. Grantor may promulgate rules and regulations regarding hours of use for the public. 6. Inspection. Grantee and its duly authorized agents, employees and representatives shall have the right to enter the Protected Property upon reasonable notice to Grantor, at such times during normal business hours and in such manner as will not unreasonably interfere with Grantor's use of the Protected Property in accordance with this Easement, to examine and inspect the Protected Property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on Grantor's part to be observed or performed under this Easement. 7. Enforcement Rights of Grantee. Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder or at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 30 days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which requires immediate action to protect the purpose of this Easement) Grantee shall have the right (a) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, or (b) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure <(Application_Type>>-<<Contractober>>-aVariable Numbem is aRegion_Code>> oProject_Name» compliance with the terms, conditions, covenants, obligations and purpose of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. 8. Baseline Data. In order to establish the present uses and condition of the Protected Property so as to be able to properly monitor its future uses and condition and assure compliance with the terms hereof, Grantor will make available to Grantee existing documentation in its possession of the natural condition of the Protected Property and Grantee has caused to be prepared such additional documentation deemed appropriate by Grantee, including a survey of the Protected Property showing its relationship to adjacent features and properties, and on-site photographs. The aforementioned documentation shall constitute an inventory of the Protected Property's relevant features and conditions (the "Baseline Data"). The Baseline Data shall be kept on file at Grantee's offices and shall be accessible to Grantor upon reasonable notice during normal business hours. The parties acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the present uses or condition of the Protected Property, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other evidence to assist in the resolution of the controversy. To the extent Grantor and Grantee have initialed the Baseline Data, such Baseline Data shall be presumed to be a correct depiction of the Protected Property as of the date hereof. 9. Grant in Perpetuity. (a) The provisions of this Easement shall run with and be a burden upon the Protected Property in perpetuity and shall be binding on Grantor and Grantee and their respective successors and assigns, and any party entitled to possession or use of the Protected Property while such party is entitled to such possession or use. Any successor or assign of Grantee shall be a qualified organization within the meaning of Article 49 and shall expressly assume the obligation to carry out the conservation purpose for which this Easement is granted and the other obligations of Grantee hereunder. (b) If Grantee or any successor or assign ceases or fails (i) to enforce this Easement, (ii) to exist, or (iii) to be a Qualified Organization, and upon the occurrence of such event, fails to assign all its rights and interest in the Protected Property, and delegate all its responsibilities under this Easement to a Qualified Organization, then the rights and interest of Grantee under this Easement shall be vested in another Qualified Organization in accordance with a cypres proceeding of a court of competent jurisdiction. 10. Amendment. This Easement can be modified only in accordance with the common and statutory law of the State of New York applicable to the modification of easements or covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement including requirements imposed on Grantor pursuant to licensing procedures or any authorized governmental licensing or permitting agency. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the purpose of the Easement provided, however, that the parties shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, any regulation issued pursuant thereto, and provided further that Grantee shall agree to the modification of this Easement to conform to such licensing procedures or any other authorized governmental licensing or permitting agency. 11. Notice. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Notices to <<Application_Type»-«Contractikberv-<(V ariable_Numberu • <<Region_Code» <<Prcject_Name» Grantor and Grantee shall be addressed to their respective addresses as set forth above, or to such other addresses as they may designate by notice given in accordance with this Paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this Paragraph. Notice shall be deemed given and received as of the date of its personal delivery or the date of its mailing in accordance with this Paragraph. 12. Cooperation Agreement. Grantor and Grantee agree to cooperate to comply with the provisions of Article 49, and the Regulations promulgated pursuant thereto, so that this Easement will qualify, as a perpetual conservation restriction, thereunder. 13. Indemnification of Grantee. Grantor agrees that Grantee has no affirmative obligation relating to maintenance of the Property. Grantor further agrees that Grantee has no responsibility relating to costs, claims or liability arising from personal injury, accidents, negligence, or damage to Property resulting from public or private use of the Property allowed by, arising out of, or resulting from this Easement. Grantor shall indemnify, hold harmless, defend and reimburse the Grantee from and against any and all claims, actions, suits, damages, liabilities, penalties, costs or expenses, including reasonable attorneys' fees, of any kind or nature whatsoever on account of injuries to or death of any person or damage to any property arising out of Grantee's ownership of this Conservation Easement. 14. Grantor's Title. Grantor represents and warrants to Grantee (a) that Grantor is seized of the Protected Property in fee simple, and (b) that Grantor possesses full corporate right and authority to grant and convey this Easement pursuant to this instrument. 15. Grantee's Representations. Grantee represents and warrants that Grantee is a Qualified Organization. 16. Further Conveyance By Grantor. (a) The Grantor shall not sell, lease, exchange, or donate the project to any entity other than a State agency, local government or other qualifying tax-exempt not-for-profit corporation which will operate and maintain the project for recreation or conservation purposes. (b) (Municipalities) The Grantor Municipality shall not sell, dispose or use the facilities acquired hereunder for other than public park purposes without the prior written approval of the Commissioner, and the express authority of an act of the Legislature as provided in 9NYCRR 441.5. (c) (Municipalities) The Grantor Municipality shall not restrict the use of or access to this project by non-residents of the municipality or impose a fee for such use without prior written approval of the Commissioner of Parks, Recreation and Historic Preservation. 17. Miscellaneous. (a) This Easement shall be binding on the parties and their respective successors and assigns. The terms "Grantor" and "Grantee", wherever used herein, and any pronouns used in place thereof, shall mean and include their respective successors and assigns. (b) If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. (c) In enforcing its rights hereunder with respect to a breach, default or violation of this Easement, Grantee shall take into account the reasonableness of requiring Grantor to cure the same and the time required to restore the Protected Property under the relevant circumstances, including but not limited to the season of the year and the accessibility of the protected Property to Grantor. «Application_Typev-<<Contractilaer»-<<Variable_Numben) • Region_Code» <<Prcject_Name» (d) All captions set forth herein are for convenience of reference only, and shall in no event be construed to limit, enlarge or modify any substantive provision of this Easement. (e) References herein to specific actions required or permitted to be undertaken by OPRHP and DEC hereunder shall in no way be deemed to waive or limit the regulatory authority or jurisdiction which OPRHP or DEC otherwise have or shall have (independently of the provisions of this Easement). IN WITNESS WHEREOF, Grantor has executed and delivered this Deed of Conservation Easement as of the date first set forth above. GRANTOR: New Suffolk Waterfront Fund, Inc. By: Barbara Schnitzler Chairwoman Acknowledged and Accepted: GRANTEE: THE PEOPLE OF THE STATE OF NEW YORK, acting by and through their Commissioner of Parks, Recreation and Historic Preservation By: Melinda Scott Deputy Commissioner DEPARTMENT OF LAW APPROVAL Date: GRANTOR STATE OF NEW YORK ) SS.: County of SUFFOLK ) On the day of in the year 2012 before me, the undersigned, personally appeared Barbara Schnitzler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual (s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York OFFICE OF PAR KS, RECREATION AND HISTORIC PRESERVATION STATE OF NEW YORK ) SS.: County of ) On the day of in the year before me, the undersigned, personally appeared Melinda Scott, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public, State of New York <<Application_Type»-<<Contract*er>>-<<Variable_Number» • <<Region_Code» <<Project_Name» Record and Return to: Beatrice Gamache NYS OPRHP - Bureau of Grants Albany, NY 12238 EXHIBIT A Description New York State Parks Recreation & Historic Preservation Easement Area ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of First Street distant 177.54 feet northerly from the corner formed by the easterly side of First Street and the northerly side of Main Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 45.00 feet along the easterly side of First Street; THENCE South 83 degrees 47 minutes 30 seconds East, 60.00 feet; THENCE South 06 degrees 54 minutes 30 seconds West, 150.58 feet; THENCE South 83 degrees 45 minutes 00 seconds East, 241.03 feet to the face of a bulkhead and the high water line of Cutchogue Harbor; THENCE along the face of a bulkhead and high water line of Cutchogue Harbor the following five (5) courses and distances: I) South 28 degrees 59 minutes 55 seconds East, 37.42 feet; 2) South 32 degrees 15 minutes 54 seconds East, 9.16 feet; 3) South 22 degrees 14 minutes 14 seconds East, 11.26 feet; 4) North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 5) South 28 degrees 55 minutes 00 seconds East, 33.09 feet to the high water line of Cutchogue Harbor on a stone jetty; THENCE the following seven (7) tie line courses and distances along the high water line of Cutchogue Harbor, on and through a stone jetty: I) South 83 degrees 17 minutes 57 seconds East, 10.90 feet; 2) South 77 degrees I 1 minutes 40 seconds East, 37.66 feet; 3) South 81 degrees 15 minutes 12 seconds East, 44.65 feet; 4) South 74 degrees 46 minutes 36 seconds East, 62.60 feet; 5) South 4 degrees 1 I minutes 29 seconds East 33.72 feet; 6) North 88 degrees 43 minutes 33 seconds West 176.52 feet; 7) North 63 degrees 27 minutes 30 seconds West 31.27 feet; CONTINUING THENCE along the high water line of Cutchogue Harbor the following two (2) tie line courses and distances: 1) South 47 degrees 05 minutes 00 seconds West, 73.61 feet; and 2) South 37 degrees 54 minutes 57 seconds West, 27.65 feet; • uApplication_Typeu-«Contract*er>>-<<Variable_Number>> uRegion_Code>> eProject_Name>> THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southeasterly terminus of Main Street; THENCE North 06 degrees 13 minutes 00 seconds East, 49.50 feet along the easterly terminus of Main Street to the northeasterly terminus of Main Street; THENCE North 83 degrees 45 minutes 00 seconds West, 172.94 feet along the northerly side of Main Street; THENCE North 06 degrees 54 minutes 30 second East, 177.55 feet; THENCE North 83 degrees 47 minutes 30 seconds West, 20.00 feet to the easterly side of First Street at the point or place of BEGINNING. Containing 51,993 Square feet to high water line described in Liber 12646 Page 869. Reference SCTM: 1000-117-08-18 (p/o) Being and intending to grant a conservation easement over the aforesaid portion of the premises acquired by the Grantor by deed from Peconic Land Trust Incorporated dated December 17, 2012, and recorded December 23, 2010 in the Suffolk County Clerk's Office in Liber 12646 of deeds at page 869. LAW OFFICES W ICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MA'I`FFFUCK. LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL, A. WICKHAM JANET GEASA 631-298-8353 TF.LEFAX NO. 631-298-8565 wwblaw(ir,,aol.cwm January 9, 2013 Attn: Ms. Alyxandra Sabatino Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC Lot Line Modification Application Premises: 605 First Street & 380 First Street, New Suffolk, NY 11956 SCTM# 1000-117-8-18 & 19 Dear Alyxandra: Pursuant to the Board's request by letter dated December 18, 2012, I enclose the following: 1. New Suffolk Waterfront Fund, Inc. draft deed; 2. Robins Island Holdings, LLC draft deed; 3. Schedule "A" legal descriptions for each deed; and 4. Copy of the map showing the modification. JAN 10 Very truly yours, 1~"4~/vim - Abigail A. Wickham AAW/dm encl. re/nswf/subdivionshdtnpdsabatino cc: Valerie Marvin, Esq. • 0 DRAFT DEED FOR LOT LINE CHANGE - PARCEL 1 Standard N.Y.B.T.U. Forth 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of January, 2013 BETWEEN NEW SUFFOLK WATERFRONT FUND, INC. a New York not-for-profit corporation with offices at 650 First Street, P.O. Box 146, New Suffolk, New York 11956, party of the first part, and NEW SUFFOLK WATERFRONT FUND, INC. a New York not-for-profit corporation with offices at 650 First Street, P.O. Box 146, New Suffolk, New York 11956, party of the second part, and WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, All that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows on Schedule "A" attached hereto. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated December 17, 2010 and recorded on December 23, 2010 in the office of the Clerk of the County of Suffolk in Liber 12646 at Page 869. The Southold Town Planning Board approved this lot line modification by resolution on TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: NEW SUFFOLK WATERFRONT FUND, INC. By: Re/ns/approvalsideednsfw Barbara Schnitzler, Chair BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN New York STATE State of New York, County of Suffolk ss: State of New York, County of ss: On the day of January, in the year 2013, On the day of in the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared BARBARA SCHNITZLER personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/herttheir signature(s) on the instrument, the individual(s), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) Notary Public Notary Public TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of ss: On the day of , in the year 2012 , before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK Title No. LOT NEW SUFFOLK WATERFRONT FUND, INC. COUNTY OR TOWN TO NEW SUFFOLK WATERFRONT FUND, INC. Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: w U LL LL O z Z C U w rc LL W 41 J K O LL W U Q a N Ul i H W W N W d' SCHEDULE"A" (I of 2) Description New Suffolk Waterfront Parcel 1 ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the intersection of the easterly side of First Street with the northerly side of Main Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 272.54 feet along the said easterly side of First Street; THENCE South 83 degrees 47 minutes 30 seconds East, 134.00 feet; THENCE South 02 degrees 1 1 minutes 44 seconds West, 1.79 feet along the apparent high water line to a bulkhead; THENCE the following seventeen (17) courses and distances along the apparent high water line and generally along a bulkhead: 1. South 83 degrees 46 minutes 21 seconds East, 40.23 feet; 2. South 82 degrees 14 minutes 52 seconds East, 20.90 feet; 3. South 83 degrees 55 minutes 53 seconds East, 39.16 feet; 4. South 83 degrees 43 minutes 00 seconds East, 18.38 feet; 5. South 00 degrees 47 minutes 07 seconds East, 12.17 feet; 6. South 02 degrees 22 minutes 54 seconds East, 5.32 feet; 7. South 80 degrees 24 minutes 48 seconds East, 3.32 feet; 8. South 02 degrees 31 minutes 37 seconds East, 44.19 feet; 9. South 02 degrees 02 minutes 45 seconds East, 28.54 feet; 10. South 03 degrees 16 minutes 25 seconds East, 24.34 feet; 11. South 01 degrees 30 minutes 29 seconds West, 25.20 feet; 12. South 00 degrees 55 minutes 44 seconds East, 32.85 feet; 13. South 28 degrees 59 minutes 55 seconds East, 70.80 feet; 14. South 32 degrees 15 minutes 54 seconds East, 9.16 feet; 15. South 22 degrees 14 minutes 14 seconds East, 11.26 feet; 16. North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 17. South 28 degrees 55 minutes 00 seconds East, 33.09 feet to the apparent high water line; THENCE the following eight (8) courses and distances along tie lines, along the apparent high water line, part of the way through ajetty: 1. South 83 degrees 17 minutes 57 seconds East, 10.90 feet; 2. South 77 degrees I 1 minutes 40 seconds East, 37.66 feet; 3. South 81 degrees 15 minutes 12 seconds East, 23.01 feet;(referred to below as "Point A"); 4. South 06 degrees 54 minutes 30 seconds West, 19.07 feet; 5. North 86 degrees 03 minutes 16 seconds West, 81.72 feet; 6. South 58 degrees 39 minutes 33 seconds West, 42.58 feet; 7. South 47 degrees 05 minutes 00 seconds West, 73.61 feet; 1 • SCHEDULE"A" (2 of 2) Description New Suffolk Waterfront Parcel 1 8. South 37 degrees 54 minutes 57 seconds West, 27.65 feet; THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southerly side of Main Street; THENCE the following two (2) courses and distances along the easterly and northerly side of Main Street: 1. North 06 degrees 13 minutes 00 seconds East, 49.50 feet; 2. North 83 degrees 45 minutes 00 seconds West, 192.94 feet to the easterly side of First Street and the POINT OR PLACE OF BEGINNING. Containing 93,588 square feet or 2.148 acres of land, more or less. SCTM Reference: 1000-117-8- p/o 18 Together with the portion of the rock revetment which is located under the apparent high tide line on July 10, 2012 and described as follows: Beginning at Point A in the aforesaid description and running thence along the high water line set forth in deed from Peconic Land Trust Incorporated to New Suffolk Waterfront Fund, Inc. recorded in Liber 12646 page 869, the following five (5) tie line courses and distances along the former high water line of Cutchogue Harbor, on and through a stone jetty: 1) South 81 degrees 15 minutes 12 seconds East, 21.64 feet; 2) South 74 degrees 46 minutes 39 seconds East, 62.60 feet; 3) South 04 degrees 11 minutes 29 seconds East, 33.72 feet; 4) North 88 degrees 43 minutes 33 seconds West, 176.52 feet; 5) North 63 degrees 27 minutes 30 seconds West, 31.72 feet; Thence along the tie line of the apparent high water mark of Cutchogue Harbor on July 10, 2012, the following three (3) courses and distances: 1) North 58 degrees 39 minutes 33 seconds East, 42.58 feet; 2) North 86 degrees 03 minutes 16 seconds East, 81.72 feet; 3) South 06 degrees 54 minutes 30 seconds East, 19.07 feet to the point or place of beginning. re/NW/App/SchAParcell .r y • • DRAFT DEED FOR LOT LINE CHANGE - PARCEL 2 Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of January, 2013 BETWEEN ROBINS ISLAND HOLDINGS, LLC, a New York Limited Liability Company with offices at c/o Belvedere Property Management, LLC, 1251 Avenue of Americas, New York, New York 10020, party of the first part, and ROBINS ISLAND HOLDINGS, LLC, a New York Limited Liability Company with offices at c/o Belvedere Property Management, LLC, 1251 Avenue of Americas, New York, New York 10020, party of the second part, and WITNESSETH, that the party of the first part, in consideration of Ten and 00/100--($10.)--Dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, All that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows on Schedule "A" attached hereto. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated The Southold Town Planning Board approved this lot line modification by resolution on TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ROBINS ISLAND HOLDINGS, LLC By: Re/nslapprovalsideednh Barbara Schnitzler, Chair BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN New York STATE State of New York, County of Suffolk ss: State of New York, County of ss: On the day of January, in the year 2013, On the day of in the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared BARBARA SCHNITZLER personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/shetthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/herttheir signature(s) on the instrument, the individual(s), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) Notary Public Notary Public TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of County of ss: On the day of , in the year 2012 , before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/herttheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK Title No. LOT ROBINS ISLAND HOLDINGS, LLC COUNTY OR TOWN TO Recorded at Request of ROBINS ISLAND HOLDINGS, LLC COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: w U LL LL O z Z D C O U W K LL W N J R O LL W U Q a N S r w rc w H W K SCHEDULE"A" Description Robins Island Holdings, LLC Parcel 2 ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the intersection of the easterly side of First Street with the northerly side of Jackson Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 302.52 feet along the easterly side of First Street; THENCE South 83 degrees 45 minutes 00 seconds East, 193.50 feet along the southerly side of Main Street; THENCE South 32 degrees 45 minutes 00 seconds East, 108.70 feet to a tie line along the apparent high water mark of Cutchogue Harbor; THENCE the following six (6) courses and distances along the tie lines along the apparent high water mark of Cutchogue Harbor; 1. South 37 degrees 54 minutes 57 seconds West, 55.41 feet; 2. South 26 degrees 55 minutes 08 seconds West, 87.34 feet; 3. South 20 degrees 21 minutes 43 seconds West, 12.03 feet; 4. South 14 degrees 18 minutes 38 seconds West, 46.86 feet; 5. South 02 degrees 20 minutes 34 seconds West, 51.52 feet; 6. South 27 degrees 52 minutes 30 seconds West, 16.83 feet to the apparent high water line along a bulkhead; THENCE the following three (3) courses and distances along the apparent high water line along a bulkhead: 1. North 66 degrees 38 minutes 01 seconds West, 64.42 feet; 2. North 62 degrees 10 minutes 30 seconds West, 47.19 feet; 3. North 83 degrees 14 minutes 31 seconds West, 18.93 feet; THENCE South 12 degrees 12 minutes 21 seconds West, 1.31 feet to the northerly side of Jackson Street; THENCE North 83 degrees 05 minutes 30 seconds West, 68.76 feet along the northerly side of Jackson Street to the POINT OR PLACE OF BEGINNING. Containing 68,808.33 square feet or 1.580 acres of land, more or less. SCTM Reference: 1000-117-8- 19 & p/o 18 re/N S/App/SchA Parcel2 SCHEDULE"A" Description Robins Island Holdings, LLC Parcel 2 ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the intersection of the easterly side of First Street with the northerly side of Jackson Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 302.52 feet along the easterly side of First Street; THENCE South 83 degrees 45 minutes 00 seconds East, 193.50 feet along the southerly side of Main Street; THENCE South 32 degrees 45 minutes 00 seconds East, 108.70 feet to a tie line along the apparent high water mark of Cutchogue Harbor; THENCE the following six (6) courses and distances along the tie lines along the apparent high water mark of Cutchogue Harbor; 1. South 37 degrees 54 minutes 57 seconds West, 55.41 feet; 2. South 26 degrees 55 minutes 08 seconds West, 87.34 feet; 3. South 20 degrees 21 minutes 43 seconds West, 12.03 feet; 4. South 14 degrees 18 minutes 38 seconds West, 46.86 feet; 5. South 02 degrees 20 minutes 34 seconds West, 51.52 feet; 6. South 27 degrees 52 minutes 30 seconds West, 16.83 feet to the apparent high water line along a bulkhead; THENCE the following three (3) courses and distances along the apparent high water line along a bulkhead: 1. North 66 degrees 38 minutes 01 seconds West, 64.42 feet; 2. North 62 degrees 10 minutes 30 seconds West, 47.19 feet; 3. North 83 degrees 14 minutes 31 seconds West, 18.93 feet; THENCE South 12 degrees 12 minutes 21 seconds West, 1.31 feet to the northerly side of Jackson Street; THENCE North 83 degrees 05 minutes 30 seconds West, 68.76 feet along the northerly side of Jackson Street to the POINT OR PLACE OF BEGINNING. Containing 68,808.33 square feet or 1.580 acres of land, more or less. SCTM Reference: 1000-1 17-8- 19 & p/o 18 re/N S/App/SchAParcel2 SCHEDULE"A" (1 oft) Description New Suffolk Waterfront Parcel 1 ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the intersection of the easterly side of First Street with the northerly side of Main Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 272.54 feet along the said easterly side of First Street; THENCE South 83 degrees 47 minutes 30 seconds East, 134.00 feet; THENCE South 02 degrees I 1 minutes 44 seconds West, 1.79 feet along the apparent high water line to a bulkhead; THENCE the following seventeen (17) courses and distances along the apparent high water line and generally along a bulkhead: I . South 83 degrees 46 minutes 21 seconds East, 40.23 feet; 2. South 82 degrees 14 minutes 52 seconds East, 20.90 feet; 3. South 83 degrees 55 minutes 53 seconds East, 39.16 feet; 4. South 83 degrees 43 minutes 00 seconds East, 18.38 feet; 5. South 00 degrees 47 minutes 07 seconds East, 12.17 feet; 6. South 02 degrees 22 minutes 54 seconds East, 5.32 feet; 7. South 80 degrees 24 minutes 48 seconds East, 3.32 feet; 8. South 02 degrees 31 minutes 37 seconds East, 44.19 feet; 9. South 02 degrees 02 minutes 45 seconds East, 28.54 feet; 10. South 03 degrees 16 minutes 25 seconds East, 24.34 feet; 11. South 01 degrees 30 minutes 29 seconds West, 25.20 feet; 12. South 00 degrees 55 minutes 44 seconds East, 32.85 feet; 13. South 28 degrees 59 minutes 55 seconds East, 70.80 feet; 14. South 32 degrees 15 minutes 54 seconds East, 9.16 feet; 15. South 22 degrees 14 minutes 14 seconds East, 11.26 feet; 16. North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 17. South 28 degrees 55 minutes 00 seconds East, 33.09 feet to the apparent high water line; THENCE the following eight (8) courses and distances along tie lines, along the apparent high water line, part of the way through a jetty: 1. South 83 degrees 17 minutes 57 seconds East, 10.90 feet; 2. South 77 degrees 1 1 minutes 40 seconds East, 37.66 feet; 3. South 81 degrees 15 minutes 12 seconds East, 23.01 feet;(referred to below as "Point A"); 4. South 06 degrees 54 minutes 30 seconds West, 19.07 feet; 5. North 86 degrees 03 minutes 16 seconds West, 81.72 feet; 6. South 58 degrees 39 minutes 33 seconds West, 42.58 feet; 7. South 47 degrees 05 minutes 00 seconds West, 73.61 feet; SCHEDULE"A" (2 of 2) Description New Suffolk Waterfront Parcel 1 8. South 37 degrees 54 minutes 57 seconds West, 27.65 feet; THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southerly side of Main Street; THENCE the following two (2) courses and distances along the easterly and northerly side of Main Street: 1. North 06 degrees 13 minutes 00 seconds East, 49.50 feet; 2. North 83 degrees 45 minutes 00 seconds West, 192.94 feet to the easterly side of First Street and the POINT OR PLACE OF BEGINNING. Containing 93,588 square feet or 2.148 acres of land, more or less. SCTM Reference: 1000-117-8- p/o 18 Together with the portion of the rock revetment which is located under the apparent high tide line on July 10, 2012 and described as follows: Beginning at Point A in the aforesaid description and running thence along the high water line set forth in deed from Peconic Land Trust Incorporated to New Suffolk Waterfront Fund, Inc. recorded in Liber 12646 page 869, the following five (5) tie line courses and distances along the former high water line of Cutchogue Harbor, on and through a stone jetty: 1) South 81 degrees 15 minutes 12 seconds East, 21.64 feet; 2) South 74 degrees 46 minutes 39 seconds East, 62.60 feet; 3) South 04 degrees 11 minutes 29 seconds East, 33.72 feet; 4) North 88 degrees 43 minutes 33 seconds West, 176.52 feet; 5) North 63 degrees 27 minutes 30 seconds West, 31.72 feet; Thence along the tie line of the apparent high water mark of Cutchogue Harbor on July 10, 2012, the following three (3) courses and distances: 1) North 58 degrees 39 minutes 33 seconds East, 42.58 feet; 2) North 86 degrees 03 minutes 16 seconds East, 81.72 feet; 3) South 06 degrees 54 minutes 30 seconds East, 19.07 feet to the point or place of beginning. re1NW1App1.SchAParce1I T•:e..s._.s___~ FAST STREET --rarlL=._ ~y~ a,s,s w w• ~"-a \ I I ~ e..r...,.. w°..v...~ va , ,a ' x~~.s. T~ ' 8 p ~v I~'TJ»~ _ __~~I~ I . I x • ~ iu # 4 ~ ~1r~ Ar,~v. s v ,Mf .rt r ~4 a 14V,ri• J I rl ~ ° ~w ~.d anA a9fiaf d`O ,~~yq~/,/( h_ ~ s'`'e`a' v n y n .y IIr) » y rl i r BmretH I T ~~-g{ Bonncci& mwre_ H • i PS-'c~ - p~ BEV Von W.L' K m., 4 , r pr 3[ P 9•_ r MW.M 1 IOM8GlICH HHrua SMHea Ho PROPFATY NEW SUFFOLK NEW 60rE0IX WATEWRONf ss ECrt CHANGE ~ _ _ L______-__.. _ _ _ _ _ _ _ n° K MAILING ADDRESS: PLANNING BOARD MEMBERS ~q so P.O. Box 1179 DONALD J. WILCENSKI Southold, NY 11971 Chair l~f OFFICE LOCATION: WILLIAM J. CREMERS Q Town Hall Annex EENNETH L. EDWARDS G JAMES H. RICH III 54375 State Route 25 MARTIN H. SIDOR I,yCO (~r• Main Rd. & Youngs Ave.) UNTI, Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie K. Weisman, Chair, Zoning Board of Appeals Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chair JT67 Members of the Planning Board Date: December 18, 2012 Re: 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. MAILING ADDRESS: PLANNING BOARD MEMBERS ~r3F Si7~ry P.O. Box 1179 DONALD J. WILCENSKI h~~ Ql0 Southold, NY 11971 Chair y OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS OQ 54375 State Route 25 JAMES H. RICH III Q (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR A.Ulm, ~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 18, 2012 Abigail Wickham, Esq. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: Lot Line Modification: New Suffolk Waterfront Fund, Inc. & Robins Island Holding, LLC 650 First St. and 380 First St., New Suffolk SCTM#1000-117-8-18 & 19 Zone: MII Dear Ms. Wickham: The Southold Town Planning Board reviewed the above-referenced application at their December 17, 2012 Work Session and have found the application incomplete. To complete the application, please submit the following items: 1. Documentation of variances received from the Zoning Board of Appeals. 2. Submit Draft Deeds that include the following: - a. A reference stating "the Southold Town Planning Board approved this lot line modification by resolution on (insert approval date)"; b. A Schedule with the legal description and a Schedule with a map or a sketch illustrating the modification on legal or letter-size paper. 3. Make the following changes to the Plat: a. Remove all proposed structures on the Plat. b. Clearly label the bounds of the proposed Easement Area/Nature Preserve. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner • MAILING ADDRESS: PLANNING BOARD MEMBE2tS S(](/ly P.O. Box 1179 DONALD J. WILCENSKI ~0~ Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS 54375 State Route 25 JAMES H. RICH III MARTIN SIDOR COMM (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie K. Weisman, Chair, Zoning Board of Appeals Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chair JTO1 Members of the Planning Board Date: December 18, 2012 Re: 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. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, December 17, 2012 2:30 p.m. Executive Board Room, Town Hall Annex 2:30 p.m. Applications 3:45 p.m. Review Public Meeting Agenda Project Name: Harbes Family Wmery LSCTM# 11000-12_0-1-4 & 1000-112-1-7.1) Location I Northwest corner of Sound Avenue and Hallock_Avenue in Mattituck 11 Description: This site plan is for the addition of retail winery and wine production j facilities to an existing farm stand. The overall property is 15.61 acres in ! j the A-C Zoning District Status: Pending Action: Review revised site plan Attachments Staff Report - Profect name Corazzini, Richard ; SCTM#:- T 100-0-8.4_-1-32.1 _ - Location 6245 Cox Lane, Cutchogue Description: This proposed site plan is for a 2,520 s f addition to an existing 3,150 s.f., ! building for office space and storage on a 6.8 acre parcel in the LI Zoningl District Status: ' Amended Applicatio n I Action_ Review for completeness . { Attachments: I Staff Report Project name: ) Fohrkolb, Andrew SCTM# ! 1000 107 3 2 Location 1050 Greton Court, Mattituck Description: This proposal is for a Standard Subdivision of a 5.89 acre p- -a- l into two j lots where Lot 1 equals 0.93 acres and Lot 2 equals 4.96 acres, located I in the R-40 Zoning District:..-_ - - - Status:_ New Application - 7 - _ Action: Review for completeness. . Attachments: 1 Staff Report Project name: New Suffolk Waterfront Fund, 1 SCTM# 1000-117-8-18 & 19 - Inc. - & Robins Island Holding, T ! LLC - Location 1 650 & 380 First Street, New Suffolk _ Description: This proposed Lot Line Change will transfer 1.12 acres from - SCTM#1000-117-8-18 to SCTM#1000-117-8-19. SCTM#1000-117-8-19 will increase from 0.46 acres to 1.58 acres and SCTM#1000-117-8-18 will decrease from 3.43 acres to 2.31 acres in the Mil Zoning District. Status: t New Application - I Action_ I Review for completeness. - - { Attachments. I Staff Report LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTI PUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 "FELEFAX NO. 631-298-8565 November 16, 2012 Southold Town Planning Board Main Road Southold, NY 11971 r;p~J 19 Re: New Suffolk Waterfront 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 Ladies/Gentlemen: Enclosed is a re-subdivision application to change the lot line between the above- referenced properties in connection with this proposal to convey a 1.118 acre parcel by NSWF to RIH. This will result in proposed Parcel I for NSWF, containing 2.310 acres, and proposed Parcel 11 for RIH, containing 1.580 acres. The MII zone permits an intensity of commercial land uses which are contrary 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 Easement 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 RIH Current area: .462 acres 149,325 sf 20,119 sf Proposed area: 2.310 acres Proposed area: 1.580 acres 100,636 sf 68,808 sf The purpose of the proposed subdivision action is to create two separate parcels of land in the Marine 11 zone, in order to allow the New Suffolk Waterfront Fund, Inc. (NSWF) to sell one parcel if necessary to generate the sufficient funds to pay the debt from the purchase of the property and attain its goal of protecting the waterfront from excessive development. NSWF intends to retain, at a minimum, one lot for its community and waterfront purposes. The plan is to minimize development potential of the property to the extent possible with community and private support. The proposed placement of the lot line is designed to enhance and protect the public viewshed of the water from First and Main Streets, as well as from the residences and businesses within the area. The following items are enclosed: 1) Re-Subdivision Application 2) Authorization Letters 3) Copy of Deeds to Properties 4) Copy of certificates of occupancy 5) Chart of single and separate ownership: Lot Recognition 6) Short Form EAF 7) Application Fee $500 8) Proposed map/survey in duplicate. Additional copies are available following your initial review. 9) LWRP Form Draft deeds will be provided shortly. Please schedule the matter for your next work session. We will supply the additional map copies required after you have provided your initial comments. We are simultaneously submitting an application to the ZBA for variances and a special exception. Variances are required for insufficient lot size of Parcel 2 and for insufficient area for two uses, marina and restaurant, on Parcel 1, as well as a Special Exception for the restaurant use on Parcel 1. The applications for the actual renovation of the buildings are not included in this application, but will be the subject of future applications to the Building Inspector and for site plan approval. Please let me know if you need anything further. Very truly yours, -/A ' ail A. Wickham Office Location: QF so~lyol Mailing Address: IC ` l Town Annex /First Floor, Capital One Bank ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 G • O Southold, NY 11971-0959 OOUNr1,0~ D ( )wfy~t http://southoldtown.northfork.net )u BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson NOV 2 0 2012 DATE: November 20, 2012 SUBJECT: 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 # / ZBA ZONING REQUEST SURVEY PREPARER ZONE CODE DATE STAMPED NEW 1000- 6616 Article Subdivision/lot July 5, Barrett SUFFOLK 117-8-18 & XIII, 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. Encls. TOWN OF SODTHOID, NEW YORK ACTION OF THE ZONING BOARD OP APPEALS DATE JU1y 3, 1963 Appeal No. 581 Dated June 12, 1963 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWS( OF SOUTHOLD North Fork Shipyard TO Main Street Appellant New Suffolk, New York At a meeting of the Zoning Board Of Appeals on Wednesday, July 3, 1963 the appeal was considered and theaction indicated below was taken on your I Request for vartance due to lack of access to properly - (X Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception (X) be granted ( ) be denied pursuant to Article Section 408,._. Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector (X) be reversed ( ) be confirmed because : After investigation and inspection the Board finds that - the applicant operates a business which is located on the water and setback some distance from the road. This restaurant building is not completely visible from the road 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 of the business, "Galley Ho Restaurant." This would be a double faced Sign 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, New York, be granted permission to erect and maintain a sign on the roof ridge of their restaurant building. This sign will be 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 Shipyard, I Main Street, New Suffolk, New York, for a special exception in I 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. Wuerstein, east by Peconic Bay, south by JohnW. Mackay, and west by First Street.' and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the p bus ecisi the Build' Inspector ( ) be confirmed ( ) be reversed. of ~P ZONING BOARD OF APPEALS FORM ZB4 ghei(mad B and Judith T. Boken, Secretary APPEALS BOARD MEMBER, p~~gUFFO(,f-coG • Southold Town Hall r't' y Gerard P. Goehringer, Chairman 53095 Main Road p ~ c James Dinizio, Jr. P.O. Box 1179 so x Lydia A. Tortora WO Southold, New York 11971 Lora S. Collins ZBA Fax (631) 765-9064 George Horning Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4822 - ROBINS ISLAND HOLDINGS: Belvedere Property Management L.L.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. ft. (.49 acres) total land area with 91.50 ft frontage along the east side of First Street, New Suffolk. 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-11. BASIS OF APPLICATION: Building Inspector's March 29, 2000 Notice of Disapproval denying a permit for a 30' x 60' building because "the proposed project on a non-conforming lot in an M-11 Zone is not permitted pursuant to Article XXIV, Section 100-2448 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 prepared by Barrett, Bonacoi & 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 satisfied 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 BELOW: 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-11. The owner of that land made no comment in these proceedings. In view of the fad 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 undesirable change in the character of the neighborhood or detriment to nearby properties. Page 2 - May 10, 2000 ZBA Appl. No. 9822 - Robins Is• Holdings Parcel 1000-117-8-19 at New Suffolk 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 Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehring ai D. ' ' To , and Collins. (Member Homing of Fishers Island was absent.) Reso n we duly a e -0). J GERARD P. GOEHRIN R, CHA AN For Filing About May 17, 2000 -n FLED S~r1~oo ;g I . ISlpng W U ;'o 9 • APPEALS BOARD MEMBERS o~4,gOFF0J4, o Southold Town Hall Gerard P. Goehringer, Chairman t 53095 Main Road James Dinizio, Jr. CID - Southold, New Box Y1179 rk ork Lydia A. Tortora p • ,F 11971 Lora S. Collins ZBA Fax (631) 765-9064 George Horning Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ~p FINDINGS, DELIBERATIONS AND DETERMINATION Cr 1 MEETING OF MAY 10, 2000 Appl. No. 4809 - ROBINS ISLAND HOLDINGS L.L.C. Location of Property: 380 First Street, New Suffolk 1000-117-8-19 Date Of Public Hearing: May 4, 2000; May 10, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant is manager for Robins Island Holdings LLC, the owner of Robins Island, which 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 Cutchogue 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 ferry terminal is a permitted use in the M-11 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 60' 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 ft is the revised proposal that is under consideration. REASONS FOR BOARD ACTION DESCRIBED BELOW: After hearing 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 Appl. No. 4809 - Robins Island Holdings Parcel ID 1000-117-8-19. (B) The proposed use will not prevent the orderly and reasonable use of permitted or legally established uses in the Business district 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 wa' i esolu ' s duly adopted (4-0) 411 RECEIVED AND FILED B THE SOUTYiOLD TOWN C GERARD P. GOEHRINGER, CHAIR VAN 51 n co, I =1 For Filing About May 17, 2000 Town Clerk, Town of Southold r'~ `~-S~a ' y ye fit; 1 7 I ~ I ka~r~r'R i~y# , T1 r t a - ` f 'Ilk a.. 9 r i f~•,. ew~L"N',~1~1~- '~f~ ~ ,Yd .ref r-...fix , / f. =2 rz t P e ~ X/Al }I < ; J is ! ~ r /f/ l1 ? t't ` , f , 117 F „spy. I ' qq '1 , f f ; ti III ~ S - . , ~£~a., ~ i 1. •d , . q r~ ftt A ~ E < lit w+ s SEW •r •r fs. ~#h • bits' i st+~s 4 Y g sI -rte - - 77 [t? k s ~y `T 'p s~i> ~y~, yS fi+~i ^}.'~yb~„-•t . {sz _ kZ ! ``1. ~A rc.St ,',f~ 7,,.,t ~L'C„_,, mk c: ~ SF S r ~',i`~ 1 ./k'- X!` ~ °P Y.~r f - ~f'~" ! ~ / _ _ ' _ , ' tyy w",~ ~ - '~i~~',y~,~ tea.,.- - _ _ -sY ~ ti! s =,;tea...,..^_ ~;~y- - +..~~.-,?e• t, \ # i r,. ~ ~ _ .,may- ~~s - A f fl ~ J ! t „f.__.»-. 1. ~,r: ~ i ~ h ~ .rte _ 'RW i~ aK !i i t is .1 a ai 'tA~ C lb- Vol= NO. 4 - 7 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY .a 731969....... No............... Date THIS CERTIFIES that the building located at ..0....k 848 .St Street Map No...... ?5F Block No.......... ?M........ Lot No..... 5...... MY. Mrf03X)... !bX conforms substantially to the Application for Building Permit heretofore filed in this office dated Wt%.... 17........... 1963.... pursuant to which Building Permit No..4.045.. doted ...........................seA..7:'7........ 1993... 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 Business„bulc4lnq..........( The-certificate is issued to~9 Q1:'.k..B :LtY>?>'.' ..r~?..?9 I.M. A.......................... (owner, lessee or tenant) of the aforesoid building. S.D. approval. May 10t 1963 by A. Villa Building Inspzr r • • FORM NO. 4 TOM OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 9-23601 Date APRIL 19, 1995 THIS CERTIFIES that the building ALTSRiITIONS 17475 REW SUFFOLK AVENUE 6 Location of Property 650 FIRST STRSST NEW SUM" NY House No. Street Hamlet County Tax Map No. 1000 Section 117 Block a Lot is Subdivieion Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECRMHKR 6 1994 pursuant to which _ Building Permit No. 22546-8 datad JAMUARY 6, 1995 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 ALTERATIONS TO AN EXISTING RESTAURANT AS APPLIED FOR. The certificate is issued to LOVE LAMS ACQUISTION CORP. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL INSPECTION SERV. 7265 FEBRUARY 22, 1995 PLUMBERS CERTIFICATION DATED N/A Builciinq Inspector Rev. 1/SI Y FORM 90. 4 TOWN OF SOURHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20542 Date FEBRUARY 20, 1992 THIS CERTIFIES that the building ALTERATION - Location of Property 17475 MAIN STREET NEW SUFFOLK, N.Y. House No. Street Hamlet - County Tax Map No. 1000 Section 117 Block -S Lot 18 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 14, 1992 pursuant to which Building Permit No. 20389-Z dated JANUARY 14, 1992 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 ALTERATION TO EXISTING STORE AS APPLIED FOR. The certificate is issued to SHAMROCK PROPERTIES (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FORM NO. 4 TOWN of SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector Town Ball Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY' No: E 27331 Date: 09/29/00 THIS CERTIFIES that the building ACCESSORIES Location of Property 650 FIRST ST NEW SUFFOLK (HOUSE NO.) (STREET) (HAMLET) County Tar Hap No. 473889 Section 117 Block 0008 Lot 018 Sabdivisioa Filed Map So_ Lot No. confo=w asbstaatially to the Rsgaicemants for a BUSINESS STRUCTURE built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 27331 dated SEPTEMBER 29, 2000 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued in ACCESSORY MACHINE SHOP & ACCESSORY STORAGE BUILDING. The certificate is issued to LOVE LANE ACQUISITION CORP. (OWNER) of the aforesaid building. SUPPMx COUNTY DEPARTMENT OF HEALTH APPROVAL N/A Krao ea CxNTxFICATE no. N/A PlAnWRAS CHR=FICalrow DATED N/A 4x A ho sea S gnature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33240 Date: 10/02/08 THIS CERTIFIES that the building ALTERATION TO DWELLING Location of Property: 380 FIRST ST NEW SUFFOLK (HOUSE NO.) (STREET) (HAMLET) 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 dated MAY 2, 2007 pursuant to which Building Permit 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 ALTER EXISTING FERRY TERMINAL TO A ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBINS ISLAND HOLDINGS LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL. R10-08-0073 08/04/08 ELECTRICAL CERTIFICATE NO. 7663 04/18/08 PLUMBERS CERTIFICATION DATED 06/06/08 THREE B'S PLUMBING & HEAT AiWthorized Signature Rev. 1/81 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 November 5, 2012 Zoning Board of Appeals Main Road Southold, NY 11971 Re: New Suffolk Waterfront 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 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 contrary 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 NS WF 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 Easement 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 RIH Current area: .462 acres 149,325 sf 20,119 sf Proposed area: 2.310 acres Proposed area: 1.580 acres 100,636 sf 68,808 sf ivsul~. Z The following items are enclosed, 9 sets of each: 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 11) 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 trul yours, f Ab' it A. Wickham Fee: $ _Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS 65a First S-7` AREA VARIANCE House No.300 Street Flis f Hamlet Aly0 cmQ AWAI- 3,tfZ8 ac SCTM 1000 Section / Block 9 Lot(s) g/ /9 Lot Size /g: •Yb Qo Zone/ Z raFa/:3.Scp a, I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDIN INSPECTOR /BASED ON SURVEY/SITE PLAN DATED Z DATED `)l Applicant(s)/Owner(s): /8: Af Su b L[~ y/.dc /JstvF) 09: =Robins Zstawz Ns1cG~n~ot z-E C/ Fl Mailing Address: Pnl3olc /l~a~ u) 'Co" _~J~_ //a5 7_ 6.p ` Telepho 7?}/•r/~SF j~gp Email: ' ri-xi m.1nit ky ojm -CaiA NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: 1%L19a/ A• /C~Li4lYI for (v) Owner ( )Other: Address: 7>0 S,r- 13-3016- 5W4,:x) M, 0k-MAIc k Z22195Z Telephone: R'~5~ Fax: ~S(pS~ Email. LrJGV~/ccey~~. ctriv~ Please check to specify who yon wish correspondence to be nailed to, from the above names: ( ) Applicant/Owner(s), (Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DA rED 4/l) (ADLZ- and DENIED AN APPLICATION DATED V-2&7 FOR: ( ) Building Permit ( ) Certificate of Occupancy O Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction (gOther: ro--506dit7s/ovi Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: X/// Section: Z8d^S~ d SS Subsection: /3~Lk `5ACAk-- Tvpe of Ap eal. An Appeal is made for: (t'A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal (IThas O has not been made at any time with respect to this Property, y c~ /)/PSt0F1 UNDER AppealNo(s). .5b/ Year(s)./~l3- S)On (Please be sure to~/16AA;"-4Pe ~n u research before completing this question or call our o~cejar•assistance) I a,/tl He Name ofOwner Of,/W. 115 J'-/171ZOO0 h C(P d/(///7/Il 74/? - 3) R/ A/ .4.& ZZ sal/7f zeoc) .~1,54> if C-1 cam' /ref r~CS~, Src~ ~1, l/a (Inile1a„a-s d ~es4nc7ions Name of Owner: New Suffolk Waterfront Fund, Inc./Robins Island Holdings, LLC REASONS FOR APPEAL (additional sheets may be used with preparer's signature) (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: 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/cafe 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 ofNSWF'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 NS WF 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 NS WF 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. NSWF Lot size: The proposed two uses are small scale in proportion to the required 80,000 square foot minimum per use, and in relation to the historical uses on the 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 cafe 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. NS WF 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. Sr nature of Appellant or Authorized Agent Agent must submit written Authorization form Owner) Sw n to efore me this 5th Da of ovember, 2012 NdK~ Public DONNA McGAHAN NotaryNPulic, State of b New York 01 MC4851459 Qualified in Suffolk County Commission Expires Aug. 18, ON APPLICANT'S PROJECT DESCRIPTION APPLICANT: i1/e Q SvFFflk Wa- -Pmt FA) Tee , DATE PREPARED: 240 1. For Demolition of Existing Building Areas Please describe areas being removed: VIA II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: A/ /N- Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area 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: 1111A Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor Existing square footage of buildings on your property: Pwr Y 44ew sa r l~r cQ Z: WODsf Proposed increase of buildin&coverage: Square footage of your lot: G 89, 3 -6 s . Z Percentage of coverage of your of by building area: 17. 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 difficulty in meeting the code requirement (s): 3eac6 fro.,P ire vesv/fs 4L d~cctnacooL /off sae nnvmr~u~u7~nv Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to he altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes __)(_No B. Are there any proposals to change or alter land contours? N Yes please explain on attached sheet. pr{~1--plarrs}aw,-taaccovnmadaie~ ~Ia-odvt ele~/a evtS Fov butUd nps ~ sa~vit}ctar~ okm O . 1USk)J~ Pavctll C. 1.) Are there areas th s[ contain sand or wet nd asses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? Y?S ?7 'V+AA 4.) If your property contains wetlands or pond areas, have you c tacted the Office of the Town trustees for its determination of jurisdiction?t Yet Please confirm status of your inquiry or application with the Trustees: V and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? As- 6e K,t„ cw a E. Are there any patios, concrete barriers, bulkheads r fences that exist that are not shown on the survey that you are submitting'?__ALO_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'? /V O If yes, please submit a copy of your building permil and survey as approved by the Building Department and please describe: oli c-frb V-N M i~tro~ Cpl]o 'D S~1G1~2 U~o 1 No bui 1 G. Please attach all pre-certificates oT occup6cy and certificates f occupancy for 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 adjoining or close to this parcel? Ye _ If yes, please label the proximity of your lands on your survey. I. Please list present use or operati conducted at this parcelhare I : Ab IYt?1 ~ mwumct ~tCCQ6Lb t~ 4 COttvrlUirt- I~VleJl. J - T"anie proposed use _001M+ f"dV14V Met& 61P :Srna.l1w Q nil, Proposed: s_ _ anu r .(cx;c ing single ~ gomge, pool or ether) c b11J It /W' ,Y,162 Q ~a~ tpd tact ice[ 4utor signature and Date Aw F B S W ti RT R NSLOPMIH. AISW Z E ~ S w gip.41v:. Low i~1SiU F /12 1 H P.a x~:~~ division tine' ,fx-I- Lu aebi exlce- IJOIGIKQ F s E • ! b ~3f^ h Y I ' us~lf ~ ~~c Y G ~jy # yF d ~~A sei Y" s ~ e~ rsax ) yY~ -m+~ t1aa'tl 4 j'. rfx ,f. ~ t- Y k: 14r W~ t - • N F 5 ky~ ti i /VSW F 9® 4 eY iR S Vim` •~,..i L ~d "t ~t a /Y qs l r O rY ti AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold 's Code of Ethics prohibits conflicts of interest on the Part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same _•~/I YOUR NAME <<ti'L 14ZA4123' (Last name, first o e, middle initial, udess you are applying in the name of someone else or other entity, such as a company. If sq i icate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance sf Trustee Permit. Change 01 ne ` Coastal Erosion Approval of Plat Mooring Other (activity) Planning JC 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 tier 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 5 day ofAk)yj 20J2, Signature Print Name A/3 L,219 /L W1 GK/aAm AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 500 feet of a farm 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. n 1. Name of Applicant: L) p1 rUX ' Oil 2. Address of Applicant: 6 r UY 3. Name of Land Owner (if other than Applicant): - a - f / o b1 Rd// 15 a 4. Address of Land Owner: -7e-Lv- 497- L 5. Description of Proposed / o8e/tn exe^ 9 /2S/matte qyk Project: eS¢-f ' aeves 1;r GO A~nef-tcAtS 6. Location of Prope : (road and Tax map / number) 650 a~.~ 3~0 sf S~„ Aku) S)CPS)Lr AN &6-117-9' /9 d' /g 7. Is the parcel within 500 feet of a farm operati ? { } Yes XNo 8. Is this parcel actively farmed? ( ) Yes MNo 9. Name and addresses of any owner(s) of an within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. Al fA- 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) GC2ry 1l &a6~ (gnat a 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 the 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. TOWN OF SOUTHOLD PROPERTY RECORD CARD j~ NE `Y,Oy ~SREET t Fr,;'' VILLAGE DIST. SUB. LOT v Gel n i C 'r ORMER O NER Lo LA?tN.14ew, SuFFoLK E R A~j r4C ur` 13Y /SN/oiv` Si N:ron' Zve c';'.," . c-lac, 3 "4 clv~it. corYe.;.r4~i~ re (~l 1 , Shi ptr~( MQnn ~SSt~, S W ( TYPE OF BUILDING l RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value Id p0 nOVRj U/ d/+r~~l/~~r4(JM Pn Tart tV VQ ND IMP. TOTAL DATE REMARKS f:f ' G'C• ~j j--,?) D IN f'" y r 1, U ; ~ y„ ~ 2 ~ ~ So CP l l-to Cnzr s t ~e . a ' ~ ~cc o t rt.i PUNT Qxn 6 14 % 7 fJ O fi; U 1 ,/a~8/ S::cO '';C ern M Fa f T ~YJn,, ~r ifs ,e. r>e. dos 7 OlJ 577ao A LyG 3/3/74 ~~71(, r~ LJJI~.;:~/ 'fir Z/6 o 'ICt,i (r.~m.r.-,til%v2 FX.lT.1Cl i)(lVr i. l.l!l)^. F'CT 4 A 6LY3• 1 rf DC7 B IL CO I l ~7 o~zz~8~ ~~N1v I 2w ice( f3 NEW NORMAL BELOW A OVE _ ' = A { FARM Acre Value Per Value Acre _ ,y r _ _ - CZ S f~s5 b n Jr. C rl ~YC~C. f~Jta' ble 1 _{/a .S(gotr?Ic~ (~iaw~s` Tillable 2 /S `7 - P31~a U 7 Dl ;t' ct.,pYS ,l _}17P1 ~V St r: - ,-IOGI. Tillable 3 g 1 _ L too v e Y? o' -6 <4e(,(4 jo Lowe Woodland (0 r S Gc) r ii Jr? w) Swampland FRONTAGE ON WATER tv.C, 2 Brushland FRONTAGE ON ROAD a, i $D ia5~5~5~1.3- d.o~ ~GrtC f~(•rt.iS~tUx... House Plot DEPTH p vl 10 OD BULKHEAD z l~ (O L V4 (a &oq - PtoWi Lain 'b W * 7-1 Total DOCK 3 I 1 f - q 0 170 1 e 1C ~Ib Y~ 23(00 7Ca 4,, t Ol t r~ l I Y A I III ~ {../1. 1d r c • w Bldg. y r !J S~ yG 2 Vloundation Bath tension "t, Basement Floors F Tension J?xt. Walls Interior Finish 4 Tension Fire Place Heat w s Porch Attic ~ Porch Rooms Ist Floor aezewcy Patio Rooms 2nd Floor ,rage Driveway B. 3.3 k9 - r TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET F VILLAGE DISTRICT SUB. LOT LL( FORMER O ~IER OaCCK I N E ACREAGE c4 W P/iii c n S W TYPE OF BUILDING lZ_ n P ( J:=•: d c kson f ~ ~ e 1E ~ +"~"J` S7~}-~ ~7~ ES. SEAS. VL. FARM comm. IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS 9 • ? 7 t~/1 V pC. ~J ~v L 1. LC- Y7?Y, /r 1 r~ - "Q5c) •q omo 2 R,9 Imo f0&pb7 • f..' Y 44s" Z -Z4- -R., 'a' D O&E Z B ILDING CO DITI NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value t So I a S,MRCIfR e662 5 D.C. ~ d5-a0 ou, P 3u7 Ila.ble 1 .TNcLoO/N R6,13,NS IS, °I IqNo, fqK LN /1/EW SufL1( Il* 2 ~ l z lam( ~2 I '7s ~ vI'i v t~ . ~=C' , - Ilable. 3 G p codland _ c •ampland I s I fie, 19 of Qua i9 ushland Z}~(Q 0 Q 3~a l ,y a7M 3 Ruse Plot y 1) 06 P#'j) Q 305 - 51 F ~I RP# 33b3D r Izces 6P 318 g ~ .c.. tal • / X11-,7:8-19 I1//~0/8 y 26J2~2 M. Bldg. qSY IOfoLl 325 3c}/s Foundation Bath Extension a 2 8 Basement - Floors Extension. Ext. Walls CeQocSM, ~~4 Interior Finish Extension Fire Place Hernt Porch Attic Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway 0. 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J G 141 us IS e s xs .uo ~ 1y6 a xo z , y 14.1 I° ~Cyo I zl 5 30 ° u' B7 055 IsB 14 \22 $ I$ I,y49.1 I''JL ' 9F. ~ k o 3z s tt p9' to : ; 1 1S e HARBOR g °S +i 21,2 =,y50 ss zi >0 90 29.1 If us .2g 2.2 cl I= 'e, 1.6A1c1 ryvs.19 u° 31 g J5 \ tit nz. g o so. to x g I'0 14.2 c loo 165. _ -xP- -OI S 90 29 - 30 B5` rns NNOERW'PTEP 449 ,50 1. 4 - .zoo Creek `s - S - n. 1501t 5l Al lpo Ouse is tw 5 z5z 2.2A1c1 5c 1'90' 46.4 46.3 n* : 1,6A1c1 W 6 "s g 8 30 1az g txt t>, m xm S N u. so n ez ~v ¢ u 92 6.5 n x 31 q9 ° 0036 - 39 5405 S 41 05 ° 51138 1xl Tz l50'1 s°1 t.o 34 : 80° Is0 Oz S ,PoS S 3p0° s9 zxc ST • vox jp0 29 6 32 1.0 28 $ 30 S ssS ORCHA0.D ao 1l° 22 S tox ° 8 oa 21 00 3.4A(c) too to, N t5 N 1~ ; 13 = g -5 2 oz ' ,oz T -31g 7 lot ° O 56ioo 5 ,~il"' 10 s x5 e 5 1710 S m -u 24 L'. 27 - ° 195. n> w9 Og 5 ~o°o}S C 1 °501°1s, -1 Slgo S S }0 G ON o 26tm S 32 °o 29 30 g 1 2S 'loo n, = Sl N go 1 - ~ 25 S ,01 ,°s. v ut ° loo 2 ;6.21:13 P N 18 100 10. zoo e o S. IVV P9 O °17 S uo (Sa'1.uo: NEW SUFf OLK , B.3 9o N]7 Us SCHOOL D15i' $ ni1i00 a 50 5x ,Ots xa0. - 28.1 zoo ST. lota ° 16 5 t5s Is 23- II 31 To, g,1 _ s 11 - KING xa°9 6 1ou tm9 loo ,0.x 01 1s 28.2 - xoo o, x0• ,ze 500,v0\0 J'{ xoo 4 6 m as tt° 12 0,°,.15° d 18 j 1 22 to, 1 ° l00 1.4N(c) 32.3 a 3 ,l 10 129 a l/1w ® 3.SAlC1 .y us. 5c. 20t I\01 (n 14.2°J 15 0.52.' x° 27 y K FFOLN B6 J 100 y 0 f. 99 Z 3+ Y. NEW S OISi. V, ,ox - -i :13 S t95 Tc. t.o. 1oa ° to, 3 SCHOOL ° 9 's 120 150't 26.6 5 G oz 10l ~ M 2 ~ ,oz xom ST. Tc TOWN OF P32.2 P32.1 P 2.5 3 too too NlA1N i0 2B,] 29 „30 v souiHDLD J26.5 22 23 a l09 45 ° 16.1ta S R,Y ]x ATER x6 I P t5 50 m509 150'1 01 10° - 16.2 - ,o : n WNOE 55x 13 - _ x eo loz 1oz u° s1 LN+OI ' 17~ n21 "g 248 i21 OF, 3 11 'r1 12 ° ,ot oz t°x 19 X C 3.3A1c) N 2.6AlclO -n „ 1tN 10o x15.1"s 19.2; - - 26 N 31 9 e v : tl B9 Q Its ,01 & 20 ° 25 ' tso 1vev5W_ « = E ma - 19.3, lox Lox 14 ° =15.150'1 %aim - x°5 i ° B 0 00 10 ° 90 °i tN N 21 22 O .y V" 1 nx 1•}Alcl b ao sz so Tot 20.2 t00 0 - it 2 ST. 10 1°0 ° 17 v - °.20.53 R W IW too xo. 18.2 0 too ' TOWN OF rs too 12.4 23 N ° toy c 18.1 „20.7° SOUTHOLD y 14.1 r 20.9 20C' Il ~h 1 5o Q5 1°5 1,5 3.2 10 ll ° ]6 ° . 90 8 -8 68 - t 1 .zA 5 05 P.D. 90 095 G°130s ° too Town of Southold LWRP CONSISTENCY ASSESSMENT FORM New Suffolk Waterfront Fund (NSWF) Re-subdivision 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 11. Lot 18: Marina and community building/restaurant; Lot 19: Private ferry terminal Present zoning classification: M? 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) 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 (631) 298-8353 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO Yes No If yes, which state or federal agency? 1 LWRP NSWF Resubdivision DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - 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 northern 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 III -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 III - 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 III - 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 commercial 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 III - 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 Cornell 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 1 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 with this section of the LWRP by recognizing the existing water-dependent use of a 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 in the 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 commercial 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. 4 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION To be completed b A If nt or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME New L01 r'oCr- Alaw f InzL- l~ e Sub ( t~J 3. PROJECT LOCATION: /~-7 Municipality A1eWZDr/:5Ik- /own cSocwv/ County 4. PRECISE LOCATION (Street address and road interred ns, prominent landmarks, etc., or provide map) - 6,5-0 rf 3 80 ~r s>< ~~Yee7s JoutAa L&) ho? in US rte/ Ia~rl 6~./ yeti) /u 5. PROPOSED ACTION IS: New ? Expansion ModifcalioMalleralion [//j~ 6. DESCRIBE PROJECT B IEFLY: /TG //g cLGYe_ ~r o /-j Cv SO rlp -sY4 tom/ /11?~ tJ 390 Ftr 9It S~~. 7k) rnevyz~ GucflL fhaf 1:~'Q lvcd 7. AMOUNT OF LAf~ AFFECTED: Initially 3. acres Ultimately 5, S9lJ acres S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E]Yes No If No, describe briefly 3Fo-F 9. WHAT 15 PRESENT LAND USE IN VICINITY OF PROJECT? Residential ElInd_usirialCommercial Agriculture E] Park/F.o_r1e.~suopenspacce Other .~tY1C_ Describe: MY-d h(Am Ill bUslye S CP,w 10 W0-b'v~0443t r VYI;'Al`CA/YIQ~- j r'eS1 a00~a .1 Y^el e~-ed b v sl nest? s. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes ~ No If Yes, list agency(s) name and perrniVapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes 'K NO If Yes, list agency(s) name and permillapprovals: 12. AS A RESULT OFJ~R'~OSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY TFJAT THE i FORMATION PROVI ED ABOV IS TR E TO T E BEST OF Y KNOWLEDGE Applicantfsponsor name: C Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ,,~Rdset 0 PART II - IMPACT ASSESSMENT To be completed b Lead Agency) 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. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ? Yes ? No 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 levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use w intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Longterm, short term. cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including 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 El No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? E] Yes ? No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or ruraq; (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 mustevaluate the potential impact of the proposed action on the environmental characteristics of the CEA. E] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FLIEAF andfor prepare a positive declaration. Check this box If you havedeternined, based on the information and analysis above and anysupporting documentation, that the proposed action WlL NOT result in any significant adverse environmental impactsAND Provide. on attachments as necessary, the reasons supporting this determination Name of Lead Agency Date Print or ype time V Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) c~ M r TOWN OF SOUTHOLD BUILDING DEPARTMENT / SOUTHOLD, N.Y. 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 Parkin¢ & 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 variance 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 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE I II LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO. 631-249-9484 September 12, 2012 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 Ml l 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: 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. Ve y your AA Min • Abigai ickham 301shdbdnodcedisns TOWN OF SOUTHOLD BUILDING PBRMPf APPLICATION CIIECXLiST BUILDING DEPARTMENT TOWN HALL Do you have .veal the tollowipg, before applying? SOUTHOLD, NY 119.71 Bow OfHealm TEL: (631) 765-1802 4 sou ofBu0ding Plans FAX: (631) 765-9502 Planning Board approval www.northfork.oet/Southold/ pERMITNO. check heck N.Y.S Po m NYSD.BC. asserecd 20 Treat. Approval ( 20 Cmtveh~ Oleappaw.d ak yam!/3-'/-~~ Mail to•t/ O Z Z 3aphad.0 Phone: 65/- f~ 20_ ~p (x, 2 I~ 11 lS G f~ IS ll IS D Buildinglnspeclor . ~UUffVf ,IIJUUIIII SEP 1 2 2012 APPLICATION FOR BUILDING PERMPC RK DEPT. INSTRUCTIONS Date~~7 20 Ze _ roans sounwto L m application MUST be completely filled I. by typewriter or in ink and submitted to the H m ofplms, accurate plot plan to scale. Fee according to schedule, Building Inspector with 3 b. Plot plan showing location oflot and ofbuildings on premises, relationship to adjoining premises or public stream or :era, and waterways. c. The work covered by this application may not be commenced before issuance ofHuildmg Permit d. Upon approval of this app8cation, the Building Inspector will issue a Building permit to the applicant. Such a permit dl be kept on the premises available fm inspection throughout the work. era a a. Nifiuild fg Shall be occupied Occupancy. used in whole or in part for my purpose what so ever until the Building Inspector f. Every building permit shall expire if the work authorized ban not untenanted within 12 months after the dm: of amce or her not been completed within 18 months from such date. lion zoning amendments or other regulations affacdog the pent' have been eoeckd in the interim, the BuikEng Inspector may authorize, in writing, the extension of the permit Inc an Btion six months. Thereafter, a new permit shall be required. APPLICATION IS HERSEY MADE to the Buildivg Department for the issuance of a Building Permit perseent m the Iding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or pia kes, for the cooatructim ofbuildiogs, additions, or alterations or for removal or demolition ea herein described. The lize nt agrees to comply with all applicable laws, ordin roes, building code, housing code, and regulations, and to admit nriaed inspectors on premises and to building for necessary inspections. igoaaueofappimmtorauue, lfa-Too on) (MuOeg adders ofappltcaat) a whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder as of owner of premises oft~ , (Aa on rou or latest deed) PHit tv r~6tpo tioggeigga ' y authorized o cyr G am o d title of corporate officer) lers License No. hers License No. ricians License No. r Trade's License No. oration of land an which roposed work will be done: Akw oCu of 380 T/ ouse Number Street Hamlet oonty Tex Map No. 1006 S Block_ y -"55i g d.. ibdivisian_ /L _Fled Map No. -Lot (Name) s , 2. State existing use and occupancy ofprernisu and intended use and occupancy of proposed construction: e. Exisdagmeandoompancy, µ f 4 b. Intended me and occupancy 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demoliti on Other Work t' SU/xfr Vrsie% (Description) 4. Estimated best FCC (To o on paid an mob floor this application) 5. IfdweBing, number of dwelling muts'Number of dwelling units It garage, number of care 6. Ifbuainue, commercial or mixed occupancy, specify nature and extent of mob type of me. CQ, :fit4,fD 7. Discounters of existing structures, if any: Front `-ram 77Vi0 Rear - Depth Height Number of Short s Dimensions of same structure with alterations or addittons:'Front Rear Depth Height Number of Stores 8. Dirmisions of entire new oonsWction:Front Rear Depth ' -Height Number of Stories 9. Size of lot Front ~S ~Rear Depth IO.DateofPurchase, ia/201n Name of Former Owner e2//99S I~r~ ./.outs y77oor 6.zc.mst. C a.)G (t/, 11. Zone or we district in which premises aresituated 12. Does proposed Construction violate any zoning law, ordinance or regulation? YES ?NO_ 13. Will lot be re-graded? YES ? NO-Will excess fill be removed from premises? YES NO 14. Names of owner ofpremises MgWr 0A c,. Addrass60 IFr45t No. Naff cafArchixat ZI N I" Address No gPhone No: 15 a. Is this property within 100 feet of a tidal wetland m a freshwater w,tlmd? -YES ? NO • IF YES, SOMOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE RBQUIRED. b. Is this propertywithin 300 feet ofa tidal wetland? *YES r NO "IF YES, D.B.C. PERMITS MAY BE RBQUBtBD. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines, gave a, vqc~ A'4 17. If elevation at any point on property is at 10 fat or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SuFQk) G)/a-k./ea being duly swom, deposes and says that (s)he is the applicant (Nome o 'vidud aiguivg covtreU) above named, (S)He is the Ag ( Cogpecmr. Ageat. t.oryonta Offiicer. etc.) of said owner or ownem, and Is duly authorized to perform-have performed the said work and to make and file ads applicatiom that alt ebmmeob eontalved In ft apptiution are tree to the but of his knowledge and better, and that rye work will be performed in the reamer W forth Iv the appliuden filed therewith. Swommbef mane tbu ay of. I t Nomypuh c mgmme ofApptiOam cneMSkm" Notaymic stmotNewYK OnMkE In4Suffolk Coanry / Commhabn ExpkeaF+MUa71,P0LJ FIRST STREET x » 'ar a ~ vzar , ~ ~I I ~f -.»d 4d o' t+9 _ ~ F 7 _ ^ F Iq o m 'o 9 5 rxm a ~ " I / ~I 71 I ' I ~ ~ I I i A oQ. QR BYv Ebrren•• Banoad a aw Van Weal., K ».r .»v. =v _ = T»ee»ws.wer moon inetacswrs.aa iv mN. io*Yiw..wa PROPERTY 1 = NEW SUFFOLK rx.m •:s • ..xm~~ I ~ - - m«aao,,x.vv x.ra.m.». x. ,.voxr.e~ NEW SVFF011( WATERFRONT ...e.,.. .».x»....._.~..ox..... wx. ~,..s.. a....N a... 5 w».,.w.»..x• w»., ws~a.aa. w.e.,«.x.d, - s:_._ V MT CHANGE u.AZ yT r2 "NI . COPY LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE I I I LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 - wwblaw@aol.com TELEFAX NO. 631-249-9484 September 18, 2012 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: Supplementing my prior letter, I enclose a flood zone map for this property. In addition, the proposed cafe will have up to 55 seats, as opposed to the prior restaurant that had 95 seats. The NSWF is not applying for a ca& 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. y s, AAw/dm A. W /Ab ickham 301sh6dnoticedisns I „y y FIRST STREET N osasbo• c N 0874-30' E _ 1 afxar . IJ nW ~'~r .A.~ y / YN [ - P-114 gp 1 B C. - ° n., .cam. i. ~ \ I \•I i Em Pt'~I~N.~ i " 03, r • p - / ~ / 1 •I wnwN cfu,~n x~Nmm,r °n .cua annnz , 6 1 0 w' 42 Y Y E • ~Ud .4-" I ME ,y9 ,•a °~Q•3on2 llri2. `•°t" . ) N L B;m, ' '.k L vvv nw a ren.EYr N owaswmaw I ` ru lfr xam`1uirN~ ...n.„~,ron.Iw,.N.n.w.,.ee~e..n •oo., ona. +fNOexnw iourx°o. ao-mw.Y....r n.. M.....N r.., ® a I N._.. I I ~ OP eg V BaneB • BB r, Bfnaai & v Van Wale, ra na..fi.. au..R.n £Mn• n..y.rNnm iauo Nn. fnuinn Swmre ~ en M. aMIw I (JY~~~I O I _ ~ nPMT ~IA~= i R V I ra,N,.a omgcYrooofsnan nfewacewn lfnif N rtn M ~ = - PR ~ERTY NEW SUFFOLK - - - - _ ~ - - .wwnlOTi1NE.NNdRnEMr PROPOSM N>a..~ MP CH LINE fORP0.N0. , ! - 9FESEt.• N0. ,108UN 12 Ix 4 3 x x uW B 1 6.6 08.0 O - as t4 9 i {^,II/1~\ S Vl l- ~I s +}M0 st i /AAAAA\~]L~Y xB F~ ,x.l CUTCHOGUE oo~- 1~'1 - / G7 9 3x s' aY t9 ,r O { ?l Gt r VI~S c WO : HARBOR 31 30 41 M.4 c1 e°"acf wz .g I B 229 31 •30. - 39 w - 01 I I -(7 - pb7 - 1 a x / - d - 1 ~P ,3..x, 117 - y11 5 1a m a a 1 ` 3p I 1 w B O i Y IM - x0 •]x - y - SO L4 -/74-DLP- zN"N T t.. V B 3x3 1 m ,}Nlq ~ o ~p 12 ,p 101 N QQ x 1 17 9 3 J tCIOUL y B o 13 on y 1:J ]T.x R1. x 1 SL ce 30 T 181 is. ,t 'T 12 1J a xt ` 21 ~A 20Iw1 15. • 20 -3 - 1 3.390)N 14 1 11 - 101 tyyc) _ Y s 11 , (q~ 1B1 Iez ~ mM;a. 30.9. 'b,.L OY100Ap tB ' Vleed S~~'1'IS - tt] a y3w~,m.•-r BAY PECONIC x tm NOTICE COUNTY OF SUFFOLK © N souman SECTION NO Real Properly Tax Service AgenCy v MN&1EO cowry rwner m.Ymeaa.Nr11w1 117 M M'YIIWMENxEBY561CNpi A[ A ps,wc, xo 1000 mO'~0N`E P PROPERTY MAP mxvuexares.smml 3 (.O~~~rth ZONING BOARD OF APPEALS G C le s L(Se qk TOWN OF SOUTHOLD, NEW YORK ur Phone (631) 765-1809 (631) 765-9064 APPLICATION FOR SPECIAL EXCEPTION Application No. r Date Filed: e TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Applicants , G~YrJ! ~k , 7 ~f~ /N ~ , FJ /~V7oid V LL f>" Yl C. JVl/ of /'SOZIrrI- / / n Parcel Location: House No. &5d Street rrS'f ~9. Hamlet /V2lC)~(>Y d C~ Contact phone numbers: SCTM 1000 Section /000 Block Lot(s) j~ Lot Size3.V29 Zone District /0= ~ropvse~ 3/O hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE XTrE , SECTION2$6•S3-, SUBSECTION B ) for the following uses and purposes: xo'aun Cwd as shown on the attached survey/site plan drawn to scale. Site Plan review [ 1-[ S or ) IS NOT required. "A. Statement of Ownership and Interest: ~ n /y2 Jdrl'~C G(~~Ll /~°st t,, U7zC,~i X~l//G',is (are) the owner(s) of property known and referred to as 6so ~r~ oSf' M&O OUsA IVY & ~ L (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 11-7, Block g , Lot g , and shown on the attached deed. The above-described property was acquired by the owner on 2~ec- , Z010 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: =5-F.2. o5>Lct,9n~u~ C. The property which is subject of this application is zoned 0) 77_ and [ L--jis consistent with the use(s) described in the CO (attach copy), or [ J is not consistent with the CO being furnished herewith for the following reason(s): [ ] is vacant land. COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) (Sign re) Sworn t fore me this day of 12Z~.2017 ~ f (Nola blic) DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified In Suffolk County Commission Expires Aug. 18, 831®6 Special Exception - Statement New Suffolk Waterfront Fund, Inc. (NSWF) 650 First Street, New Suffolk, NY 11956 This application is for a special exception for the future use of the former Galley Ho building as a restaurant, as described below. It is not for renovation or construction of the restaurant, as that will be the subject of a further application detailing location, plans and other specifics required. However, prior to conveyance of a major portion of the property to Robins Island Holdings, Inc. for preservation purposes, NSWF must be assured that its overall plan to utilize the remaining property for both marina and restaurant uses is permissible. The Building Inspector has taken the position that the pre-existing restaurant use of the Galley Ho has expired. Having put into place its plan to acquire this waterfront site to avoid excessive development out of keeping with the New Suffolk Community, and having taken steps to preserve a significant portion of it through the conveyance of the area South of First Street to Robins Island Holdings, Inc. (RIH) for primary use as a natural preserve and through the plan for a conservation easement on the remaining parcel to insure the maintenance of parkland on much of the site, the NSWF proposes to restore the Galley Ho Restaurant, a significant historic seaside eating establishment, as an adjunct use to the marina and to provide a gathering place for those using the marina and those visiting the site. Once the development phase of the project commences, the NS WF will apply for a scaled down version of the former restaurant, more in keeping with the concept of a seaside cafe, with a seating capacity of approximately 55 seats. This capacity will be based on Suffolk County Dept of Health standards and regulations. The prior restaurant seating was for 95 seats in a full service restaurant. In addition to the conservation easement proposed on the site, to be held by New York State, the property is further protected by a recorded right of first refusal to Peconic Land Trust should NSWF ever seek to sell the property. Per Section 280-54 of the Southold Town Code, "the purpose of the Marine II (MII) District is to provide a waterfront location for a wide range of water-dependent and water-related uses, which are those uses which require or benefit from direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound." This site is ideally suited to the goal of the MII District through use of the property as a the proposed marina and restaurant use. The Special Exception should be granted for the following additional reasons: A. The restaurant use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. It will continue historic uses of marina and restaurant, in smaller scale. It will bring visitors to the area to benefit the local businesses, and provide parking which will aid the resolution of parking problems in the area. B. The restaurant use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. It will enhance the parking capacity of both the NSWF 1 • and RIH sites. The proposed parking areas on the NSWF site will make the central New Suffolk area better able to accommodate visitors. C. The safety, health, welfare, comfort, convenience or the order of the Town will not be adversely affected by the proposed use and its location, for the above reasons, and because a favorite watering hole will be permitted to be reinstituted in accordance with applicable codes at such time as the plans are developed. D. The restaurant use will be in harmony with and promote the general purposes and intent of this chapter, in that it is hard to imagine what use would be a better compliment to promoting waterfront property usage than to use the Galley Ho as a restaurant. E. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance, because it will provide additional amenities for the public access to the site, maintain the historic nature of the building while allowing it to be improved to better infrastructure, and provide a viable financial plan for the property. F. All proposed structures, equipment and material shall be readily accessible for fire and police protection because future site plan review will insure same. G. The site plan review will insure compliance with the requirements of Chapter 236 Stormwater Management. The proposed restaurant use is appropriate to the granting of a special exception because: A. The existing restaurant and business uses in the district will be benefited by the parking that will be available and because the area will be an attractive destination. This particular location is peculiarly suited to the proposed uses because of the waterfront location, scenic vistas, historic patterns, and the importance of fostering community-compatible waterfront uses in this MII District (including local uses such as boating, views of the water, permanent and transient dockage, sailboat races, waterfront amenities, and other activities in the area). B. The use will conserve property values and encourage the most appropriate uses of the land: waterfront access and water-dependent activities. C. The proposed parking areas and improvements to those parking areas will reduce another historic problem in New Suffolk, that of insufficient parking and associated traffic congestion on the public streets. D. Required improvements to the sanitary system, flood plain compliance, and site drainage, will vastly improve the treatment of sanitary waste, and water supply will be public. This will also benefit the adjacent wetlands areas and improve the Peconic Bay ecosystem. E. The proposed use will not give off obnoxious gases, odors, smoke or soot. Much more noxious uses are allowed in MII but will not be developed by virtue of this plan going forward. 2 • F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. As this project will be part of a community effort, all aspects of restaurant operation which might otherwise prove an annoyance to neighbors may be controlled. G. Parking and recreational facilities for the public will be greatly enhanced. Accessory uses to the marina will include the park area, submarine memorial, transient dockage, small boat storage and launching (e.g., canoes, kayaks, paddleboards), viewing areas to enjoy the waterfront, and related recreational activities. Many local residents walk or ride bikes to the property, lessening traffic impact. H. Off street parking areas and materials will be adequately addressed in the site plan phase. 1. The structures will be improved in the next phase of the project to be safe and designed with avoidance of emergency situations. J. The proposed use will have better parking facilities and amenities than this use has provided in the past. As a community project, the plans are made with the importance of protecting the community from adverse effects in mind. K. The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. The marina is small in scale and its expansion is limited by the physical area of the bulkheading and revetment. The restaurant will accommodate far fewer seats than the previous establishment. Since the property was acquired by NSWF two years ago, the events it has conducted on the site have not created problems and have been well received by the community. L. The use is not near to a church, theater, or other place of public assembly. The New Suffolk school is several blocks away, but will not be adversely affected. M. The proposed small restaurant use is particularly suitable to the site because it provides access by land and water; it is a natural gathering place for enjoying the waterfront and waterfront activities, and also as an access point for boaters and those in cars to visit New Suffolk and its businesses. N. The proposed park area will protect adjacent properties and land uses from possible detrimental impacts of the proposed use. 0. The collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste will be vastly improved over the existing, and will be fully addressed in the site plan/construction phase. P. The proposed restaurant may be continued without undue disturbance or disruption of the viewshed, and with better systems to protect groundwater and surface waters on and off the site. In summary, the essential question in a special exception application is whether this property is appropriate for use as a restaurant in this MII district. The real question is, what use could possibly be better suited to this location? 3 Project Status Report for Re-Subdivisions (Lot Line Changes) Application Dates Pre-Submission Conference t 4eo SEQRA Determination F'. Application Received SC Planning Commission Referral Application Fees Paid SC Planning Commission Comments Application Reviewed at Work Session Conditional Final Approval Fire Department Comments Final Approval J Engineer Conference s"w SEQRA Coordination Public Hearing Waived Public Hearing Date i U Final Map Routinrr: l Tax Assessors Building Department Land Preservation Highway Department Additional Notes: SOUR Planning Department StaAeport Subdivision Application Work Session Review Date 2/25/13 Prepared By: Aly Sabatino 1. Application Information Project Title: New Suffolk Water Front Applicant: New Suffolk Water Front Fund Inc. Date of Submission: 11/19/12 Tax Map Number: 1000-117-8-18 & 19 Project Location: 650 First St. and 380 First St. Hamlet: New Suffolk Zoning District: Mil It. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: 3.890 acres # of Lots Proposed: NA III: Action to review Lot Line Modification completeness review IV: Analysis According to the applicant, the purpose of the proposed subdivision action is to create two separate parcels of land in the Marine II zone, in order to allow the New Suffolk Waterfront Fund, Inc (NSWF). to sell one parcel if necessary to generate the sufficient funds to pay the debt from the purchase of the property and attain its goal of protecting the water from excessive development. NSWF intends to retain, at a minimum, one lot for its community and waterfront purposes. The plan is to minimize development potential of the property to the extent possible with community and private support. The proposed placement of the lot line is designed to enhance and protect the public viewshed of the water from First and Main Streets, as well as from the residences and businesses within the area. • At the 12/17/12 Work Session the application was found incomplete with the following changes to be made: 1. The Zoning Board of Appeals must approve all variances requested. 2. Draft Deeds that include; a. A reference stating "the Southold Town Planning Board approved this lot line modification by resolution on (insert approval date)", SOUR Planning Department Staffteport b. A Schedule with the legal description and a Schedule with a map or a sketch illustrating the modification on legal or letter-size paper. 3. Changes to the Plat; a. Remove all proposed structures on the plat; site plan approval may be needed. b. Clearly label the bounds of the proposed Easement area/nature preserve V: Staff Recommendations 1. All of the above request changes have been made and the ZBA has approved all variances requested. Recommend finding the application complete. 2. Because of time restrains that are placed on the property, recommend holding the Public Hearing at the March 18, 2013 meeting. 2 Soutod Planning Department Stafteport Subdivision Application Work Session Review Date 12/17/12 Prepared By: Aly Sabatino 1. Application Information Project Title: New Suffolk Water Front Applicant: New Suffolk Water Front Fund Inc. Date of Submission: 11/19/12 Tax Map Number: 1000-117-8-18 & 19 Project Location: 650 First St. and 380 First St. Hamlet: New Suffolk Zoning District: Mil II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: 3.890 acres # of Lots Proposed: NA III: Action to review ZBA request for comments and the Lot Line Modification completeness review. IV: Analysis ZBA requests: Parcel 1: Proposed two uses (existing marina and a restaurant) lot area is 100,636 sq. ft. which is not enough lot area required for two uses (80,000 sq. ft. for each use). Parcel 2: Proposed lot area is 68,808 sq. ft. which is less than the required 80,000 sq. ft. in the MII zoning district. Lot Line Modification: The purpose of the proposed subdivision action is to create two separate parcels of land in the Marine II zone, in order to allow the New Suffolk Waterfront Fund, Inc (NSWF). to sell one parcel if necessary to generate the sufficient funds to pay the debt from the purchase of the property and attain its goal of protecting the water from excessive development. NSWF intends to retain, at a minimum, one lot for its community and waterfront purposes. The plan is to minimize development potential of the property to the extent possible with community and private support. Soul& Planning Department Stafteport The proposed placement of the lot line is designed to enhance and protect the public viewshed of the water from First and Main Streets, as well as from the residences and businesses within the area. V: Staff Recommendations A. ZBA- request for comments: Recommend supporting the action. This plan minimizes development potential of the property and will enhance and protect the water viewshed from First and Main Streets. B. All requirements for application completeness have been met except the following; 1. The Zoning Board of Appeals must approve all variances requested. 2. Draft Deeds that include; a. A reference stating "the Southold Town Planning Board approved this lot line modification by resolution on (insert approval date)", b. A Schedule with the legal description and a Schedule with a map or a sketch illustrating the modification on legal or letter-size paper. 3. Changes to the Plat; a. Remove all proposed structures on the plat; site plan approval may be needed. b. Clearly label the bounds of the proposed Easement area/nature preserve. C. Accept the application as complete as soon as the above items are completed 2 M SOUTHOLD PLANNING DEPARTMENT Re-subdivision (Lot Line Modification) Application Form APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDIVISION described herein: 1. Original Subdivision Name / lk 2. Suffolk County Tax Map # (include all tax map parcels involved) 3. Hamlet Aku) 4. Street Location (051 Fr51- Sf. , 380 /7r-S/-' ~7 5. Acreage of Site ~3, ge?0 cC 6. Zoning District 1)9 T Date of Submission o 7 Zo/ L_ 8. Please provide the names, addresses and phone numbers for the following people: e ~1 Applicant: New ju /K-)7e Q)a~ Y// ron vndt 4tc . CAISUIT-) 04 rfxt-ro Schni /P ' c Aaiv ,C3o>G /~/o _ Ak,jL~7F~.~ A1Y 11gS_& Re-Subdivision Application Form • 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: ,4/iio ~ir ermT~ f-Dr,52Y- /q /7l ~c-t, A1Y //9J Z Property Owner(s): I>aw U T ccncQ i LGC: - T 667- o A&1 /a5/ .4ue OU ~Imevi eaa t NY NY /00 W - 006 / Surveyor: Aff, / 7-ece { ) ~L ~ar/e~_6~4i~aCC_ d aCn ~avJ¢~ /75X L'Q/71 //78J (Y_ ~f71/PJ AakqqMa'"ro IVY Z/7ssY' Engineer: Sumo u.5 .SurVeu~S Attorney: ~a as e2'Eri/- 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. /\/S yy F is canVe y~hq a //8 ac% ~yv7ion R~ 7b 6~ _ d r:,~ f~ l~f l9 TIC usa~-e- Y& conveyed oA4tA- zlv In y~~nq qYP~~ ~f 3/jNCf. Clx~ /~G=tu2Q.-~ "O~aza- t1 7LC Q 12ei~ pair cod 4.4- a C'Brr//a7~~~ Q/u'-~2 ~ Cz2Z`~ l~aa.2L ~C~J~ C~ ~ X 2 Re-Subdivision _4pplication Form 10. DOES THE PROPOSED MODIFICATION (a) Affect the street layout in the original subdivision? A/d r L (b) Affect any area reserved for public use? yes- ro~ OS~nr;,) (c) Diminish the size of any lot? Ye- (d) Create an additional building lot? Alo (e) Create a nonconforming lot.) /y/O - S* a /go/?- e /~~1~ /S /v1 GYP (f) Require a variance from the Zoning Board of Appeals?~ L (g) Impact the future planning of the subject properties? -{os It4a, 11,.n 11. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Yes ? . No If "yes", explain how: ~Sinq/e~ 3 ~2aZfe. yeti cock- 12. Does this application meet the standard in & 240-57. Waiver, adjustment of property lines to waive the subdivision process? If so, please provide the name and date of the original subdivision. 13. Application completed by [ ] owner agent [ ] other Upon submitting a completed application, the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code & 240-57. Waiver, adjustment of property lines. If the application meets the criteria for a waiver, the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes, lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. Signature of Preparer Date 2011 z 3 Re-Subdivision Applicalion Form AUTHORIZATION Re: Premises: 380 First Street, New Suffolk, NY SCTM#:1 000- 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 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: July 2, 2012 Robins Island Holdingss,,/LLC By: Eric T. Klein, Secretary AUTHORIZATION 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 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: July 2, 2012 Robins Island Holdings, LLC By: Eric T. Klein, Secretary AUTHORIZATION 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 Department 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 1 U'^~ s Barbara Schnitzler, Chair of New Suffolk Waterfront Fund, Inc. re/newsuJJblk/approvals/authNSWF - RECORDED Number of pages 2010 P?c 23 03;54:25 PM TORRENS JUDITH R. PASCALE CLERK OF Scrial # SUFFOLK COUNTY L b00012646 Certificate # P 865 PT# 10-10932 Prior Ctf. # Deed. Mort gage Inswmen[ Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Mortgage Amt. I. Basic Tax _ Handling 5 90- 2. Additional Tax _ TP-584 Sub Total _ Spec. /Assi t. Notation or EA-5217 (County) Sub Total Spec. / Add. TOT. MTG. TAX _ EA-5217 (State) Dual Town _ Dual County R.P.T.&A, ~jd ¢ Held for Appointm t ge Transfer Tax ~Z Comm. of Ed. 5. 00Mansion Tax e e Affidavit ~yC'S The property covered by this motgage is or will be improved by a one or two c~CCertified Copy family dwelling only. IW/Jl Reg. Copy Sub Total YES or NO /~S If NO, see appropriate tax clause on Other Grand Total page # of this ins(ru 4 Disti,tl, 10028115 1000 11700 0800 018000 / 18.000 5 Community Preservation Fund Real P T S RP0L A Consideration Amount $ 2.400.000.00 Property Tax Service 3-DEC-1 CPF ax Due $ E MPT Agency Improved Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: TD rF-JJ_ U ABIGAIL WICKHAM, ESQ. TD WICKHAM, BRESSLER, GORDON & GEASA P.O. BOX 1424 - TD MATTITUCK, NY 11952 7 Title Company Information Co. Name AQUEBOGUE ABSTRACT Title # AQ-10-S-1704 8 Suffolk. County Recording & Endorsement Page This page fors part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) PECONIC LAND TRIM The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. / TO In the Township of SOUTHOLD NEW SUFFOLK WATERFRONT FUND In the VILLAGE or HAMLET of NEW SUFFOLK BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) NY 005-11a19ai ald Sale Decd W101 Cavenemngaimt Gmnmr's Acts Individualar Culporatien(Single Sheen MOM 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SROULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 1 it's day of BETWEEN CBMher in the yen, 2010 Peconic Land Trust Incorporated, 296 Hampton Road, PO Box 1776, Southampton NY 11969 party of the first pan, and New Suffolk Waterfront Fund, Inc., 650 First Street, PO Box 146, New Suffolk NY 11956 - patty of the second part, WTTNESSETH, that the patty of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the described on Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated December 18, 2007 recorded on December 31, 2007 in Liber 12535 cp 543. SUBJECT TO Right of First Refusal of even date herewith made by the party of the second part to the party of the first part to be recorded in the Office of the Suffolk County Clerk. TOGETHER with all right, title and interest, if any, of the patty of the first part of, in and to any streets and roads abutting the above-described promises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that die party of the first part . will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it mad "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE aR Pecon' us ne rpo ated By: F Timothy J. a eld, V e resident USEA_-1w YORK STATE ONLY: U*MVOwLRDGMENTFORMBELOn,uiTluNNEW YDExSrATE ONLY. State of New York, County of Suffolk )ss.: Stale ofNew York, County of On the day of `F~A~ i .or in the year 2010 On die day of in the year before n the undersi ed, personally appeared before me, the undersigned, personally appeared Timothy J. Cauf teld personally an to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory' evidence tobetheindividual(s)whose name(s) is (are) subscribed to the evidence in be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/sheAhey executed within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by hither/their the same in his/her/heir capacity(im), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon signature(s) on the instrument, the individual(s), or the person upon behalf of whic/h th)e ~individual(s) acted, executed the instrument. behalf of which the individual(s) acted, executed the instrument KENNETH .ZAHLER NOTARY PUBLIC - S ATE OF NEW YORK NO. 012 4517618 QUALIFIED IN 5 FFOLK COUNTY MY COMMISSION XPIRES 02/28/2011 ACRNOWL.D mENTFORMFOR USE WTnRw NEW YDaRSTATC ONLY. ACIGYOWLsDGMRNTFORMFOR USE Ou sIDENEWYOR.YSTATE ONLY: /New York Submribing Woom Aebowledginent Certificawl /Ow ofSnere,rord, General AcbnrlMlnseol Ceofmre) State of New York, County of } ss.: . (Cnrnplme Venue with Srare. Counrry, Province or Mmrlcipalio) On the day of in the year before me, the undersigned, personally appeared On the day of in the year before me, the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and personally known to me or proved to me on the basis of satisfactory say that he/shelthey reside(s) in evidence to be the individual(s) whose name(s) is (are) subscribed to the within instru rent and acknowledged in me that helshe/they executed (iftheplaceofresidence is ina city,includethestreetandsrreetrtimber the same in hisdler/their eapacity(ies), thin by his/her/ their signature(s) ifany, thereon; that he/she/they know(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or his/her/their name(s) as a witness thereto. other place the acknowledgment was taken). BARGAIN R SALE DEED wMicaVENANISAaAMeTGRAN1'aR'SACr9 TITLENO. DISTRICT' SECTION PeconIc Land Trust Incorporated BLOCK LOT COUNTY OR TOWN TO New Suffolk Waterfront Fund, Inc. RECGRDEDATREQUESTOF Fidelity National Title Insurance Company RETURN BYMA/LTO FIDELITY NATIONAL TITLE Abigail A. Wickham, Esq. INSURANCE COMPANY Wickham, Bressler Gordon & GWa PC lNCOero.. 1928 PO Box 1424 c AFidelltyMattituck NY 11952 MmbrNm YwlSlwe la7dllNt AVU[IS/Iw W U 0 U Z D Q O U W Q 0m W N_ Q in W U a a N m_ W Q W N W fL v 7 AQUEBOGUE ABSTRACT CORP. SCHEDULE A AMENDED 12/15/2010 TITLE NO: AQ-10-S-1704 ALL that certain plot piece or parcel of land with the buildings and improvements thereon erected situate lying and being at New Suffolk Town of Southold County of Suffolk and State of New York bounded and described as follows: BEGINNING at a monument located at the intersection of the southerly side of Main Street and the easterly side of First Street; RUNNING THENCE along the southerly side of Main Street, south 83 degrees 45 minutes 00 seconds east, 193.50 feet to a point on the easterly end of Main Street; THENCE along the easterly end of Main Street, north 6 degrees 13 minutes 00 seconds east, 49.50 feet to a point and the northerly side of Main Street; THENCE along the northerly side of Main Street, north 83 degrees 45 minutes 00 seconds west, 192.94 feet to a monument set in the easterly side of First Street; THENCE along the easterly side of First Street, north 6 degrees 54 minutes 30 seconds east, 272.54 feet to a monument and land now or formerly of Philip Loria; THENCE along said last mentioned land, south 83 degrees 47 minutes 30 seconds east. 138.22 feet to the approximate high water mark of Cutchogue Harbor; THENCE south 22 degrees 18 minutes 38 seconds east, 2.61 feet to a wooden bulkhead; THENCE along said bulkhead the following courses and distances: 1) south 83 degrees 29 minutes 29 seconds east, 113.47 feet; 2) south 02 degrees 47 minutes 59 seconds west, 11.88 feet; 3) south 35 degrees 31 minutes 03 seconds east, 7.31 feet; 4) south 02 degrees 59 minutes 45 seconds east, 41.82 feet; 5) south 01 degrees 59 minutes 28 seconds east, 52.67 feet; 6) south 00 degrees 02 minutes 40 seconds west, 61.10 feet; 7) south 29 degrees 09 minutes 57 seconds east, 79.61 feet; 8) south 24 degrees 25 minutes 40 seconds east, 11.36 feet; 9) south 89 degrees 49 minutes 31 seconds east, 14.78 feet; 10) south 29 degrees 07 minutes 10 seconds east, 35.11 feet to the northerly side of rock and concrete revetment; Continued on neat page... AQUEBOGUE ABSTRACT CORP. SCHEDULE A TITLE NO: AQ-10-S-1704 Page 2 of 2 THENCE along said revetment, south 81 degrees 15 minutes 12 seconds east, 91.88 feet; THENCE south 74 degrees 46 minutes 39 seconds east, 62.60 feet; THENCE southerly along the easterly side of revetment, south 04 degrees I I minutes 29 seconds east, 33.72 feet to the tie line along apparent high water mark on 06/17/05 of Cutchogue Harbor; THENCE north 88 degrees 43 minutes 33 seconds west, along the tie last mentioned 176.52 feet to a wood jetty; THENCE north 63 degrees 27 minutes 30 seconds west, along the southerly side of the wood jetty 31.27 feet to the tie line along apparent high water mark of Cutchogue Harbor; THENCE along the approximate high water mark of Cutchogue Harbor the following tie line courses and distances: 1) south 47 degrees 05 minutes 00 seconds west, 73.61 feet; 2) south 37 degrees 54 minutes 57 seconds west, 83.06 feet; 3) south 26 degrees 55 minutes 08 seconds west, 87.35 feet to land now or formerly of Robin Island Holdings LLC; THENCE along said last mentioned land, north 83 degrees 05 minutes 30 seconds west, 204.43 feet to a monument set in the easterly side of First Street; THENCE along the easterly side of First Street, north 6 degrees 54 minutes 30 seconds east, 211.02 feet to the point or place of BEGINNING. TOGETBER WITH all the right title and interest set forth in those certain Grants in Liber 510 page 373, Liber 510 page 375 and Liber 513 page 70. Together with all right, title or interest if any, which the Party of the First Part may possess to lands under water. FOR INFORMATION ONLY: DISTRICT: 1000 SECTION: 117.00 BLOCK: 08.00 LOT: 018.000 /E=.~/ • DIET SEW" MWK • tAT BARGAIN AND A DEED 3/419`7~ (with covenants spinal grantor's acts : Individual or Corporation) THIS INDENTURE, made the .214% day of ra" 1998. BETWEEN LOUIS MOORE BACON do Moore Capital Management, 1251 Avenue of the Americas, New York, NY, party of the first part, and ROBINS ISLAND HOLDINGS LLC, do Moore Capital Management, 1251 Avenue of the Americas, New York, NY, party of the second pan, WITNESSETH, that the party of the first pan, in consideration of ten dollars and other valuable consideration paid by the party of the second pan, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second pan forever. ALL that certain plot, piece or parcel of land, with the improvements thereon and thereunder situate, lying and being as described on Schedule "A" annexed hereto and made a part hereof. TOGETHER with all right, title and interest of the party of the first part to (a) any body of land under water and to any body of water lying and being situated wholly within the boundaries of the said premises; (b) any land lying in the bed of any sound, bay, river, stream, or creek in front of or adjoining the said premises and running along Peconic Bay and running to the mean high water line thereof, (c) all right, title and interest to all land owned by the party of the fast part by virtue of letters patent, recorded in Liber 952, page 145 in the Office of the Suffolk County Clerk as well as all right, title and interest to any bay bottoms or other lands under water owned by the party of the first pan; (d) all oil, gas and mineral rights of the party of the first pan, if any, in and to the said premises; (e) all right, tide and interest of the party of the first pan in and to all strips and gores and all alleys adjoining the said premises; (1) all easements, rights of way, privileges, appurtenances, and other rights pertaining to the said premises; (g) all permits, licenses, approvals, applications, and other similar matters related to the use, operation, or development of the said premises. TOGETHER with all right, title and interest conveyed to the party of the first pan by that certain Deed from Southold Development Corporation to Louis Moore Bacon dated December 28, 1993, recorded on February 1, 1994 in Liber 11662 of conveyeAces at page 762. AND Subject to a Deed of Conservation Easement granted by the party of the first pan to The Nature Conservancy dated March 10, 1997, recorded on March 14, 1997 in Liber 11820 of conveyances at page 736. TOGETHER with.all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first pan in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second pan forever. AND the party of the first pan covenants that the party of the first pan has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first pan, in compliance with Section 13 of the Lien Law, covenants that the party of the first pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parries" whenever the sense of this indenture so requires. m mru t sosrvawua 80MULE *AN Pared I All that certain plot, piece or parcel of land, situate, lying and being at New Suffolk, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northerly side of Jackson Street, with the Easterly side of First Street; RUNNING THENCE North 06 degrees 50 minutes 00 seconds East,' along the Easterly side of First Street, 91.50 feet, to land now or formerly of Ruth Tuthill Houston; THENCE along said last mentioned land, South 83 degrees 10 ~q minutes 00 seconds East, 207.00 feet, to a monument on the ordinary high water mark of Cutchogue Harbor; THENCE along the ordinary high water mark of Cutchogue Harbor, on a tie line course bearing South 07 degrees 28 minutes west, 131.38 feet, to a point on the bulkhead on the basin of Cutchogue Harbor; THENCE along said bulkhead the following two courses and distances: 1. North 66 degrees 30 minutes West, 75.24 feet; 2. North 6o degrees 48 minutes West, 48.09 feet, to a point on the Northerly side of Jackson Street; THENCE the Northerly side of Jackson Street, North 83 degrees to minutes West, 89.00 feet to the corner aforesaid, the point or place of BEGINNING. Together will all the right, title and interest of the party of the first part, of, in and to the land lying in the street in front of and adjoining said premises. 0003:35590 YOM NO. & TOWN OF SOUTHOLD BUILDING MPARTMENT TOWN CLERICS OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No..P'1593 Dote 'Ytiul~....~.1'96~........ THIS CERTIFIES that the building located at ...X/.s4..... Hl94z.fit. Street Map No Slack No.......... XX Lot No.....? ....ii W Suffolk).. N.Y............. conforms. substantially to the Application for Building Permit heretofore filed in this office dated 17............ 1963.... pursuant to which Building Permit No. ZAP* doted Sept.. a r/..........., 19 63..., was issued, and conforms to all of the requirements of the applicable provisions of the taw. The occupancy for which this certificate Is issued is ...............Bttsina s„bu ldi~? ~tw tpwlmt)................................................................. The -certificate is issued tool !'4 k.. ~1; ~YlE k?53 .....................IM. IF.......................... (owner, lessee or tenant) of the aforesaid building. H.D. approval May 1st 1963 by R. Villa tf~ .....~t..'.-1.-.C-TVf .1 Building Inspecta FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20542 Date FEBRUARY 20, 1992 THIS CERTIFIES that the building ALTERATION Location of Property 17475 MAIN STREET NEW SUFFOLK, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 8 Lot 18 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 14, 1992 pursuant to which Building Permit No. 20389-Z dated JANUARY 14, 1992 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 ALTERATION TO EXISTING STORE As APPLIED FOR. The certificate is issued to SHAMROCK PROPERTIES (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPR09AL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Thspector Rev. 1/81 FORM No. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hail Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: E- 27331 Date: 09/29/0 THIS CE8TI1P3ES that the building ACCESSORIES Location of Property 650 FIRST ST NEW SUFFOLK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473869 Section 117 Block 0008 Lot 01S Subdivision Filed Map No_ _ Lot No. conforms substantially to the RagaiYements for a BUSINESS STRUCTURE built prior to APRIL 9, 1957 pavement to which CKRTIFXCZLTK OF OCCUPANCY NMMER L- 27331 dated SEPTEMBER 29, 2000 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 ACCESSORY MACHINE SHOP & ACCESSORY STORAGE BUILDING. The Certificate is issued to LOVE LANE ACQUISITION CORP. (OWNER) of the aforesaid building. SUFF= COUM DMAYMMNT OF BHALTH APPROVAL N/A sr 1CrmCAL CErdr ICATK NO. N/A P7Jnf8ER8 CZ1=FICATION DATED N/A i9 A hor zed S gnature Rev. Val FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33240 Date- 10/02 OS THIS CERTIFIES that the building ALTERATION TO DWELLING Location of Property: 380 FIRST ST NEW SUFFOLK (HOUSE NO.) (STREET) (HAMLET) 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 dated MAY 2, 2007 pursuant to which Building Permit 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 ALTER EXISTING FERRY TERMINAL TO A ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBINS ISLAND HOLDINGS LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-08-0073 08/04/08 ELECTRICAL CERTIFICATE NO. 7663 04/18/06 PLUMBERS CERTIFICATION DATED 06/06/08 THREE B'S PLUMBING & HEAT Wthorized Signature Rev. 1/81 4 FORM No. 4 TONN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY t No E-23601 Date APRIL 19, 1995 THIS CERTIFIES that the building ALTffitATIONS 17475 NEW SUFFOLK AVENUE 6 Location of Property 650 FIRST STRHST NEW SUFFOLK NY House No. Street Hamlet. County Tax Map No. 1000 Section 117 - Block -B Lot 18 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Buildings Permit heretofore filed in this office dated DIMMER 6 1994 pursuant to which Building Permit No. 22546-E dated JANUARY 6, 1995 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 ALTERATIONS TO AN EXISTING RESTAURANT AS APPLIED FOR. The certificate is issued to LOVE LANE ACQUIBTION CORP. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL INSPECTION SERV. 7265 FEBRUARY 22, 1995 PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 ~J SvJ I~ue,(gZ$.=,~e. ~jC}~~s'$fs1i~. ' .~r~.t•'.~,i I ~_...Fl..~. Icy- f; Sig ` 16,4 ~q,~S` ~ t+,. ...R:m'tt?S';, wi,'i.rsta:.R ` iy"e,}«'ti }L ~uV 1 F" 1~ _v;. y f .LT >`tw? t 1' DV%. ` t ~ t,. p F 6 ICJ dFta"# y 40 ~ 4 • • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM New Suffolk Waterfront Fund (NSWF) Re-subdivision 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 2Q~2 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 I1. Lot 18: Marina and community building/restaurant; Lot 19: Private ferry terminal Present zoning classification: Mll 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 (631) 298-8353 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO Yes No If yes, which state or federal agency? 1 LWRP NSWF Resubdivision DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - 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 northern 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 III - 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 III - 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 III - 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 commercial 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 III - 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 Cornell 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 1 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 with this section of the LWRP by recognizing the existing water-dependent use of a 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 in the 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 commercial 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. 4 I r Pd0`! 19 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM New Suffolk Waterfront Fund (NSWF) Re-subdivision 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: MII 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 (631) 298-8353 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NO Yes No If yes, which state or federal agency? 1 • LWRP NSWF Resubdivision DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - 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 northern 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 III - 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 III - 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 III - 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 commercial 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 III - 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 11-J-8 in Volume II, LWRP.) The owner has a working relationship with with Cornell 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 1 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 with this section of the LWRP by recognizing the existing water-dependent use of a 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 in the 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 commercial 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. 4 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION To be completed b A licant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME New silqRk- 3. PROJECT LOCATION: 'ff T~7I Municipality 5^^ --//''0/ County ~Su~FMk - /vP,GJ oS~UFt'p/~ /OetTri b VOUf~7 4. PRECISE LOCATION (Street address and road intersects ns, prominent landmarks, etc., or provide map) 650 v- 3 So Fl-,,; st -ren7s ~oufl~vly ~~r»?/rTUS 7//~avvl 6s l Nkv n/Y 5. PROPOSED ACTION IS: / ' New E] Expansion Modification Iteration ~g 51) ~dIV7 $18l1) z t ~ zme' c AgLx~ 6. DESCRIBE PROJECT /B~_2IEFLY: / / /'LZM ~ cLG?~ ~iY O g Co J~Q T/l~S / CI1 M040 Su ~F~lk, 390 Ffr Sk ~f -72) ~e ~nery~ GvcfIi- oaf epaj-ce 7. AMOUNT , LAyp A~ ECTED: Initially .3. ?S9 acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ® No If No, describe briefly 3~o-F 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential E] Industrial Commercial Agriculture ParklForesUOpen Space other rr1,, r r /,.LV~tyW Desabe:yn,'/ej hmm l business &Q .I Wa /kLou r , wxvu ref ad-er,1 tou sl news. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes 14 No If Yes, list agency(s) name and permiVapprovals: v ~ g 2012 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes 'KNO If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF R OSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFYTI)AT THE I FORMATION PROVI ED ABOV IS TREE TO THE BEST OF Y KNOWLEDGE Applicant/sponsor name: Date: hie Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER Reset 0 PART II - IMPACT ASSESSMENT To be completed b Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. EjYes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes No 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 levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in CI-C5? Explain briefly: C7. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT ED THE ESTABLISHMENT OF A CRITICAL FNVIRONMENTAL AREA (CEA)? ? Yes n No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? Yes F-1 No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting ().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 potential impact of the proposed action on the environmental characteristics of the CFA. E] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF andlor prepare a positive declaration. Check this box if you have detemtined, based on the information and analysis above and anysupporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name o Leatl Agency Date Print or Type Name o Responsible Officer in Lead Agency Title o Responsible Officer Signature o Responsible Officer in Lead Agency Ignature o Preparer (If different from responsible officer) = f.a • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 aQF SO~lO Southold, NY 11971 DONALD J. WILCENSKI 4; Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIEFCE RAFFERTY CA O 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR `Comm N~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: February 26, 2013 Re: Deferred Revenue The Lot Line change application referenced below has been accepted by the Planning Board and the funds may be processed to Planning Applications Revenue Account 82115.10. Thank you. Applicant/Project Name & Tax M=Amount Check T # Date/No. New Suffolk Waterfront Fund Lot Line 11/14112 - #1388 Chan a/Resubdivision application fee 117-8-18 $500.00 LR i 7 FIRST STREET FIRST STREET eosslelswnnE rnxaN~ p w - - - - - - - - - - of w _ ©I N Y S EASEMENT ° Qf w r - o I w i y - \ W a I I o t% 1 BARN I I sTO RnGE 1 s ti° zE H In Z y N S 1 9'MN'PARKING i CQ ~ I o m C 1 1 U \ 3 I N 1 , 1 I mi I m LOCATION OF POSSIBLE SUBSURFACE SANITARY W FROM A SURVEY BY NATHAN TAFF CORWIN 1 LV DATED APRIL 26,2011 1 I NHO E COVER ® m I ° \ \ CONCRETE / COVER ° / TORY MARINA gCCEE50RV ° E ' ° AC oRYI CAPE \ 111~CEO \ MARINA ° ° ° I m a5 W W bs ~Z -}c* m m m ~Z~Q ZL?) W ~pCV z ~A N N m CUTCHOGUE HARBOR m Z mOL ~waOc~o m co m m m 11-i m m PARKING REQUIREMENTS EXISTING PILE mPIICAO m '9 m ~a m RESTU RANT m 66 SEATS @ 1 SPACE / 3 SEATS = 22 PARKING SPACES MARINA: 1 PARKING SPACE FOR 1 EMPLOYEE =1 SPACE m m® 16 BOAT SLIPS:1 SPACE / SLIP m =16 SPACES m pF NEWyO TOTAL: 38 SPACES 1 HANDICAP SPACE co February 02, 2013 38 REQUIRED SPACES 2 SCALE: *T-S/,6 8o' 40 PROVIDED SPACES "~FESSION~ SHEET NO: INFORMATIO ZMATION USED ON THIS SURVEY BY: BARRETT I ZRETT BONACCI & VAN WEELE, PC SUF SURVEYED: JULY 5,2012 W W W W APPROXIMATE LOCNION OF EXISTNC WATER MAIN FIRST STREET 3 ' Fl~ SST U flOA N 06'54'30' E y 302.52' p x b a N 06'54'30" E 272.54' WOGD Pos s 177.54' 3 ooaO 50.00• 0= 8 G A EL ¢ I W CONC. FE ma M, 'IE' HA1 LINK FENCE p LEACHING 211.02' VER POOLS FE ON LINE E W000 POSTS 32.20 0 GRAVEL PARKING AREA O POST „1 ~8 u ® O a W ~yl" h j ? _ 1 1 O.LS J.5E ~ M.1 P REMAINS OF POST 6 FAIL FENCE W HOT BOX O I o 1ty1 ; 3 ' S R / I0 \6 \ \ N0854;70'E 17255' 111 9- V/ lO m .1 \l .q n = a I ~ sec $ Y n 5 SEPTC 01 Im N :r I °s N U ao I1ANK VB / (~~OmO."~~ 111111 S sm~ TAX LOT 20 7 N CD "o o j 28.3 GAS mo' W S 0654:70' W 150.58' 9 0 w 17 LAND NOW OR FORMERLY OF Z MASONRY 1 sm',CE M n ROBINS ISLAND HOLDING, LLC 2 STORY ° r----------- \ m O Ito "BOAT BASIN" BUILDING-~H ~g p (GA w W/ W ' ^ O SUBJECT PREMISES S 1212'21 W a. stuAm AeGMO w z' n 3 1.31' n.OG z PROPOSED ORAVEI.'PARRINO: t, m*.WAY W L b ze.J' aeY . . o BARN ~ 17 € i I R STORAGE 00 z c z E5! aD.z• ` (n ? KEY MAP GRAOFL PARKING AREA N 83'14'31" W rA Kra i H112 18.93' PROPOSED a ' ND+c ~ II 1 °=500' - t` NAIURARPRESERIE e o `rte 00,0 mry P My ~u I e Gw~m+CE yGS2m , PROPOSM NYS OPRHP I O 3t II S 02'11'44' W .a a EASEMENT AREA ti Q 1.79' MiT FIRST STREET 3 h POST RO poR ~ FEN E `v 2 wq l0 q4 / m S 8 E .0 (46779 SF TO 7H£ 40.23' I` n APPARENT HIGH WA7ER LINE 40.23' . 51.993 SF. 70 HIGH 1 I PARCEL 7 °0 W f7. . WA7ER LINE DESCRIBED a =I . ' . , IN L. 12846 P. 859) h I ® / v w G oil TAX aT 3 W av f " PAROW 2 d W 0 g 2 2 ® ; S 8214'52" E TAX m m PTHIGH WATER ME £ " K~I / \ N N a3 20.90' LOT N 06'13'00" E o J S 02'20'34" W S 1418'38' w 49.50' 0 0 0 - WOOD WOOD / POST ,`"IroGG Rnc v l(c/ S 2752'30" W ^ 51.52 48.88' A\ ",T+~-`GC~ POST o wooO POSTS _ ...D a COND. RAMP 4e.+' S 83'55'53' E POST 18.83' ( \ S 20'21'43" W S _ waoO G 1 STORY 39.16' U~J 12.03' 08 E 1p3 1 I Ea uwT MARINA ° 8,34. a~ wooG FAMP +O. ACCESSORY B CONC. PAD n FUEL OLE ` "MONYMENT) ' +22• o - u B1' 451 EXISTM LOTS P 3v.A' _ n. o PRT ' N.T.S. 80" E 2 STORY 18.38 E 5 O, I 1_1/ ORYICAFE 18.38 ° IN~+q~r 3 3 MARINA ACCESS E +2 5B B' J OPA•~T w•++ o ' '3 S 07 E ~`v0 12.17' AWNING W000 WAIN (1 E L K WOOD BOLNNEAD S O 44.19 E S 02122.12'754" E w. e°w I a w9oO y) 5.32' ...Tp - S p316'25" E 02'5 vF 55 m \ 4' 28 RAMP S 0130'29" W 243 • ;j N ° K{'S3' O• • 25.20' SV~ 4 S 00'55'44" E • m m hJ TAX-LOT 21 O0" • • • y 1~" 4°°O 65 F. ? 32.B5' fjg 0 Ly ~3 S. ~,yg,100 • 8 • • Q Vll\J\l LAND NOW OR FORMERLY OF TOWN OF SOUTHOLD ~Y O m r-----------3 • • • o p S 3215'54' E ~ A 9.16' TAX LOT 22 & 23 • • ~F 2 S 2214'14" E LAND NOW OR FORMERLY OF 11.26' N 8951'08' E TOWN OF SOUTHOLD 14.84' "BOAT BASIN" • 1 5 1 ~ 9 i n 9n19 u a S 83'17'57' E I • p u i p ° w 10.90' i 0 ° ° S 7711'40' E ° I 37.66' PILE • i i ° ° m (rn.7 • • ~ aac~ O O S S 6115'12" E • w o O~ 10/24/12 CW NSWF, INC. COMMENTS i 9/11/12 CW DIVISION LINE E 7' 23.01' I ~p?~~ Do% BY RBnslon Su by: DO119UI1y: CW li i 9 o O ° s 819512'E I O 5 ``'AA zAel' i a ° s ~G V Bonacci & e ° Gtr o G B Barrett Van Weele, PC i W I WE DATA ° Civil Engineers 175A Commerce Drive TOTAL NO. OF LOTS 2 TOTAL AREA 169,444 SQ.FT. TEST HO 1 TEST HOLE B2 Surveyors Hauppauge, NY 11788 T 631.435.1111 TOTAL UPLAND AREA 162,396 SQ.FT. Planners F 631.435.1022 SCHOOL DISTRICT NEW SUFFOLK i iLly- ~ u o• Ww .bbvpc.com FIRE DISTRICT MARINE 11 U ; MI.YEa MI#D o, sAxB •AM ZONING MARINE II Q MINIMUM LOT AREA 80,000 SQ.FT. I 1 9{912•' E I 15'eWl yB• y,72 PMD w , w Tax Map: DISTRICT 1000 SECTION 117 BLOCK 8 LOTS 18 & 19 MINIMUM LOT WIDTH 150 FEET O a~oC °O 5 Li AMBB °O n FlNE w gW eMH ~ mwibezd hnih Yamiirotihe pN PROPERTY MINIMUM HEIGHT 2 STORIES / 35 FEET LUNa K) sW ma 3A µp c p n d d,,iepicted ro,eon y nude in «md°nw wllh tln atWnp Code d Pmdm by MINIMUM FRONT YARD SETBACK 35 FEET i5• gmWls .aim mnd senam°P~ M the rb.,v°* sire SITUATE MINIMUM SIDE YARD SETBACK 25 FEET / 50 FEET TOTAL MINIMUM REAR YARD SETBACK 25 FEET avc' im m of I mimoml tend Swucwe. The ~Amfiw md1n.mm"~m~d'~~' NEW SUFFOLK WA'IFA IN AIM IN PROPOSAL TRANSFER 48,689 S.F. OR 1.118 ACRES FROM TAX LOT 18 (NEW PARCEL 1) PA £ PA E BI10MN WaWTI deem ~ S :boll mn wl,w Mm°n TO TAX LOT 19 (NEW PARCEL 2) FlNE la XNE ID " I L0,1RSE sm swB sw xo sv / w I TOWN OF SOUTHOLD SUFFOLK COUNTY, Nl TOTAL LOT AREA PARO13- 1 Y 2 - 1e9M4 SO. FT. OR 3990 ACRES EXISTING LOTS TAX LOT 19 TAX LOT 19 NEW SUFFOLK WATERFRONT LOT AREA 149,325 SO. FT. OR 3.428 ACRES 20,119 SO. FT. OR 0.462 ACRES I Ir m UPLAND AREA 142,277 SO. FT. OR 3.266 ACRES 20,119 SO. FT. OR 0.462 ACRES wehw LOT CHANGE lee Ad°ti°°°I Od dNew Yek LINE OF NEW YORK STATE LAND GRANT I Isr No,X ma By FILED OCTOBER 9, 1901 LIBER 510 PAGE 373 MWMALD LEDSCJBMDE MAY It. s 5 5w. Fd PREPARED FOR: Neon law PROPOSED LOTS PARCEL 1 PARCEL 2 I U (AS SHOWN ON PREVIOUS SUR Y BY CPIYd'hl. w°ey mep,w b.°n,g iro and NEW SUFFOLK WATERFRONT FUND, INC. NEW LOT AREA 100.636 SQ. FT. OR 2.310 ACRES 68,808 SO. FT. OR 1.580 ACRES FILE[ W I w WILUAM T BRYAN. L.S. DATED MAY 22. 2000)_ _ - _ _ _ _ J :ewew..mneved,ed e,d elerAle,e=Hell 650 FIRST STREET, P.O. BOX 146 mt 6e mnade,ed roha°mie °.d wlid co,, NEW SUFFOLK, NY 11956 © 2012 MY r UPLAND AREA 93,588 SQ. FT. OR 2.148 ACRES 88,808 SO. FT OR 1.580 ACRES - - - - - - - The afseM a dlm.I.. shorn hom am~dums o dre p.p" Ilnes am fa, a speclHc pmpasa and use, aid ..6., are nd Intended b gulde m the eleglon of ilde in the i.In d Dole a MIw M. 5 NO. r~im n were nm emmined FT. OR 0.135 ACRES - - - - - - - BEACH AREA 4.229 SQ. FT. OR 0.097 ACRES 5,857 SO. L _ lances, msaintrg walls, po* pafim, plonfl g areas, oddolons to 6ulldilgs and aay dhw carabudon Sub. and eml,anmemal mndlllam Were ml emminad or conodemd as a pond this wnWy. PDUmenh, Rlghts4Woy of mwld, If ally, are.. A.. Pmpelly ca manumenb Were nal placed as a pan of this surv ,°p°ddhb euw JULY 5, 2012 1"= 30' A120278 BUILDABLE AREA 89.359 SO. FT. OR 2.051 ACRES 62.951 SO. FT. OR 1.445 ACRES IM &W VIEW: MAP ].WAIMI3YL~bNN~~O~ McAf1, 1Y1VID133:9M3 py ~ Ml~op~Vi: cattle I CW W W W W APPROMMATZ LOCATON OF EMSTNG WATER MAIN FIRST STREET 3 N 06'54'30" E b 302.52' N 06'54'30" E 272.54' W000 POSTE _ P.1 NO INS . . 177.54' 3 00' 50.610' .32.20- FOI1g1N SIRFET ~ pp •KFENCE •K /IfIL ,GWTEY'. G1AI IN Q CONC. LEACHING ` FE I •IIa LINE 211.02' 0 GRAVEL PARKING AREA • O POST ~ COVER POCLS FE ON E qa. Z ~ ~ 1\0 (01'0 ~\0 ~ O45 WE WOOD G AKL a POSrS O• p b 0 p O ~W Z "O _ REMAINS OF POST Y FAIL RNCE p h W Ror eox M 0 3& %\0i 1\6 4 \ .tf)' . .'d N 66^54;30' E 17755' e} a YYY~ ~ y s Ler °s U ~ Y~ ~ 0 ~ TANKG 1\0 P ~ S TAX LOT 20 Q 'O r 25.0' LAND NOW OR FORMERLY OF ' ZMASONRY I; ERA cE W:'.' a S66s4aO'W 15a58' - I y W ~Z ROBINS ISLAND HOLDING, LLC 2 STORY$ "BOAT BASIN" M I; ~o M BUILDINGA F \ mpxrc I o AIR O W .I ¢ n OARAOE 1, W ¢ 'dryCC1 ' . w . I CI o SUBJECT S 12'12'21" W PREMISES 1.31' u L xeS c PROPOSED DRAVEL 1!ARNINQ't DWY1:M'A,Y. VJ' : MO I BARN / 30 m' S70RAGE ~ Z z GRAVEL PARNINO AREA z N 8374'31" W ANIN[ : MOLE KEY MAP 18.93' •R4 z , PROPOSED " I NOME G Q..:': I • J 1 "=5CC' IVA ITURE PRESERVE AREA 4U / II ~e2 v p OR WNriLC ~alC'~ I '44" W _ PROPOSED NYS OPRHP OS~ rS02-1.j 'Ca;',.',: ..OEASEMENT AREA I ti3Q 9' OF OGT h O ENC F A •c CODO 7Z, .a.`.\~ O : W 83'46'21" E ~L . . (46779 SF 70 THE S I (CY / m 40.23' FAST STREET . . . . APPARENT H/6H WA7ER LINE 51.993 SF. 7O HIGH PARCEL 1 1D - w N1 WA 70? LIVE DESCRIBED g ~s 3 m ?°^ie ye „ N PARCEL, 2 INL 12646 P. 869) v v NI ® / z ; ux wr e jONfy" 8) `v io (cz i' r ARwr wal wAitn LmE 'I BFI O O ® S 820.90'" E ~ 0 AInMC auuaEAO ~ N N 20.90' T" = S i, OT N 0673'00 E o I ~ o o Q wooo wood 49.50' o - POST RAMP WOOD O WOOD POSTS I S 2732'30" W 5 0220'34" W S 74.18'38• W ProOO RAC 51.52' 48.88' " `~~;1V+• S 83'55'53' E 18.83' S 2021'43" W S 28 p~10 POOST - COVERO AN.' P I wooo W 12, ~S•08 DECK 1 STORY 39.18' ,~10 "`'+A~ UNIT h MARINA I MOD pAMP EA - ACCESSORY CONC PWRLAO AD n O S. TANK EXISTM LOTS • • N.T.S. Qv 5 O 'jNONUMEND 12.2' I 2 STORY CAFE S 818380" E p P 3ti P ` MARINA AC se.e' wATep UNE S 00'47'07" E E i 2s o APPM~o w •uIKNE"0 E 12.17' AWNING WALK 5 31;'3 3r / o~ wooo 02' 19 S 0 5.32' 4" E E oe, wooo K WOW e'o.D W 5.32' w k~.. '25" E 02'022'1'5" F \ I Rune S 03'16 4,34' 28.5'4' • co I S 01'3029 W 2 • 'v N S m yqR@pq 0 ~0 e • 25.20' N 5 0035'44" E • m 6 TAX-LOT 21 b~OO. • • • y 00. ,KOOO F, .32.85' Q LAND NOW OR FORMERLY OF TOWN OF SOUTHOLD !y y~ 5~' 9 ye,~o. ~ • • O 3 1 • • i ss S 3215'54" E n° 9.16' TAX LOT 22 & 23 • • F i 0 A ' S 22'14'14" E > •T@ ~,c~y' 11.26' LAND NOW OR FORMERLY OF i N 89'51'08" E TOWN OF SOUTHOLD / n/\J\~ a 0,~w8~• 14.84' "BOAT BASIN" • 6 l 6 :m 9 M1 9 1 Q rte( aU u i ~ S 8817'57" E N01 1 9 2012 10.90' ' O • I i • • 0 S 7711'40" E I i a 37.66' • PILE 2 (TYP ] • • aOAK a m ~O ° 40 10/24/12 CW NSWF, INC. COMMENTS i a> m O ¦ S i 5 8115'1 E 9/11/12 CW DIVISION LINE T 23.01' O s 817512' E Date By Revision i I ° Surveyed by: Dm by: CYJ Choked . 21.64' ~ a ~ • V i V Barrett b' 0 p i Bonacci & BB & Van Weele, Pc i MM DATA Civil Engineers 175A Commerce Drive TOTAL NO. OF LOTS 2 TOTAL AREA 169,444 SQ.FT. ST HO 81 TEST HOLE 92 Surveyors Hauppauge, NY 11788 631.435.1111 TOTAL UPLAND AREA 162,396 SQ.FT. Planners x631.435.1022 SCHOOL DISTRIC7 NEW SUFFOLK vsww.bbvpc.com FIRE DISTRICT CUTCHOGUE I ^ / cPA U X a• o SAND a' ZONING MARINE II PnN! I W WMFD AND b D ' Axb 0 0~ M LOT AREA 80,000 SQ.FT. LAO/ a MINIMU O W ~Oa s~~' E I PAIL x! ! zw Tax Map: DISTRICT 1000 SECTION 117 BLOCK 8 LOTS 18 & 19 Pin' MINIMUM LOT WIDTH 150 FEET 040 MINIMUM HEIGHT 2 STORIES / 35 FEET BRONX W~ IN FINE TO ~a G mm of iv popbmpidh.r.on,ignllyln1lh° in PROPERTY MINIMUM FRONT YARD SETBACK' 35 FEET MHO Be AND va.~ dthe nny d &pim.d hereon m MINIMUM SIDE YARD SETBACK 25 FEET / 50 FEET TOTAL EE O' ]A' ! Ip a~d.nm Wlh Moped M Mop W Coded Rmim e as"n.« m. S v«. SITUATE MINIMUM REAR YARD SETBACK 25 FEET ! A A.«k"en d Pmh+d.ml lord Sun~,vrs- N. .M IN P1 IN .n. «mNmnondrub,>slre«fie.d«n PROPOSAL: TRANSFER 48,689 S.F. OR 1.118 ACRES FROM TAX LOT 18 (NEW PARCEL 1) PALE BROWN denoxnhm.w. NEW SUFFOLK Sold mmOmn«e.hall mn ord/«ennn.. W.d Imwn onlyd III. pn"" TO TAX LOT 19 (NEW PARCEL 2) FINE TO NE g OO WSE 9W SVYO !W N OF SOUTHOLD SUFFOLK COUNTY, NY TOW TOTAL LOT AREA PARCEL 1 & 2 -1801{ 84 FT. OR &890 . ~ApMES EXISTING LOTS TAX LOT 18 TAX LOT W NEW SUFFOLK WATERFRONT LOT AREA 149.325 SQ. FT. OR 3.428 ACRES 20,119 SQ. FT. OR 0.462 ACRES I lY lY UPLAND AREA 142,277 SQ. FT. OR 3.266 ACRES 20,119 967 FT OR 0.482 ACRES In nun LOT CHANGE bv~ voA PREPARED FOR: PROPOSED LOTS PARCEL 1 PARCEL 2 I UN FILED LINE OF NEW YORK STATE LAND GRANT I TEST Nara Baa By N FILED OCTOBER 9. 1901 LIBER 510 PAGE 373 MAY NmaN,ub 1B. . 20 20aJENOE I: 0! 5 NEW LOT AREA 100.636 SO. FT. OR 2.310 ACRES 68,808 SQ. FT OR 1.580 ACRES (A (AS SHOWN ON PREVIOUS SURVEY BY J G WWSU NEW SUFFOLK WATERFRONT FUND, INC. Copludlho ti.onro ih.lo'd 650 FIRST STREET, P.O. BOX 146 WILLIAM T BRYAN, LS. DATED MAY 22. 2000) _ - v,«e~.r..«m„sd d.d ard.lanal°i•d'°ll NEW SUFFOLK, NY 11956 r++r h...n,m.r.da b.on°...d.dd copy ® 2012 BBV PC UPLAND AREA 93,588 SQ. FT. OR 2.148 ACRES 68,808 SQ. FT. OR 1.580 ACRES -WI- The et Drlam ehwm ham tanfin omaunam the drapery Ilneare faro o pugwa and ox, and a , are not r Intended ro guide In the examined of le in the Elan d Die Sca Pra~eti NO. S a* No. l emmined O~ BEACH AREA 4,229 90. FT OR 0.097 ACRES 5.857 SO. FT OR 0.135 ACRES - fences, leklniug ng " WvllIIL, poll, poHm, pknHlg areas, addlHOre b 6unWinge and any any other rauhucHOn. Subsudpce m and emlmnmeMOl mdllbm were not t nmmined or comidmed m a pan of Ihle wary. EaWmoms, Rl,lt,4Way of tumid, it airy, ace not Ihawn. Propel y mmj monumenh y2 re net O o d m a penal Iht. Ium .portdlhB=rw/. JULY 5, 2012 1 30' A120278 BUILDABLE AREA 89,359 SO. FT. OR 2.051 ACRES 62,951 SQ. FT. OR 1.445 ACRES UA MAl I VIEW: MAP \M'MrtIC/0.'l . 3'.X1 I20271[XdnV1202ll M , 11114IM123M3 PM,b ll~ W W W W T MPFOXIMAIE LOCATON OF E%IS11N. WAIN MAIN FIRST STREET Fl s1PEET NM 0 f R N 06'54'30" E b 3021,52' b b N 06'54'30" E 272.54' WOPD PPS 5 K X 32.20' F-1 F woo- carve. cNAd JNX XFERC l.ou Vk,. ©COKR LEP°HIS° N CN LINE E 0 177.54' 3 ~OD o r HOOD POSTS GRAVEL PARKING AREA O POST g W LM~~ p V C ¢ Fd1RT1 STREET 4 }1AKL O 1 ® O O' W ~ to{011e;~\0`~ REMAINS OF POST h RAIL F NCE (y O J I y ' g m s~~~gO X \ .b.. N06543D'E 177.55' RDr eoz LL LL p3 g N q{ 6j5 CIS 0 MI m s oy, /Mn Y ¢ 110 to o TAX LOT 20 ' m o i ae.~ GAS 25.0' n sm~ Q LAND NOW OR FORMERLY OF Z MASONRY 1 SERMCE LL W S 065430' WY 15058' - " J 9 1+! o W I Z ROBINS ISLAND HOLDING, LLC M `I 2 STORY i' p r - - - - - - - - - - \ m p x2 I~ 'BOAT BASIN" g ' ' = iC m BUILDING: i$ I II Fo Y m d, ' Im ~ (GAl1A4E w/ n ePR 1 O M 6 I p SUBJECT S 12'12'21' W a snnA~ AeoWO PREMISES 1.31' t ° 1 B~DO PROPOSED GRAYEL'PARIfD1G &:DR1YF,N'AY ° I BARN / 3 a S STORAGE O a L ryc4 16.3' L6'! Q I 00 z aD. z' O N 8374'31' IN X GRAY PARXING AREA _ £ TAN ' NOLE 2 KEY MAP - - 18.93' J I"=500' ' . NATURE P0 q I otE ur ¢ - i £A' AREA Q ' I I ~ ~ II O W oo ~ i ~ Ali "V O~0P- MP ' P6 fJR~" ~'SiEM y PROPOSED NYS OPRH,' I OSM SI,1144" W Q'. EASEMENT AREA I tiC M 1.79' 3 "V OR R R ~ E FENCE V X OF MOO . I (44,779 SF TO THE / S 83'46'21" E FIRST STREET APPARENT HIGH WATER LINE 1, rte':.' 51,993 SF. TO HIGH I PARCEL I m OD w li 40.23' Its:: WATER LINE DESCRIBED I` ~tr~eAf~ N P„. 3 X IN L 12646 P. 869) hl ® / W y`~Ij SII A,uaMa IIEwr waM wAmt UNE ` Z ®II M2I S 8214'52" E E-1 (4 ej ~ m euuaEAD N N I S 20.90' TAX DT N 06'13'00" E o 3 0 I ® W S14-78 S 0220 W 'WRO~R `I` 49.50' O 0 W OD RDDD x 'PLOT woo POSTS POST RAMP S 27'52'30' W ACNaE~_ 51.52 • 48. 8 8' ~aVT POST O ccc o 4e'r S 83.55'53" E 18.83' S 202.033• W 3 283'S' \ oEOC'PK n/c 1 STORY 39.16' rr MNIT MARINA 1 ° m oa X11' ~ Q~E \ j - ~ WDOD R^MP ~°+I PMEL ACCESSORY C NC I SLLI. a~Sm TANK ' •4 EXISTING LOTS T) 112' I 4e.1' lRT N. T. S. ° ~P1_1 /2 ST ORYICa,. T S 83'43'00• E - SS p 18.38' o ~5s~ MARINA ACCE `/y h yy" n so.e' W WA T3 -3 UNE t2.s' d o S 00.47'07" E nw,+INC wood waLN APP _...N 5 02"17,' E ~ X72771.. o S 4- E w,Gp eu ~ 4`^P J I ' -4419 7 - 5 025.32' aP'P S 02('25" p2," e{ILJII • • 41 / \ I Rn P S 01'30'29" W 4.34 g5 • • µM ° m NgRe s 4~~ 53' P • 25.20' N A°A O TAX -LOT 21 o S 0035'44" E • 3' ' 70. ..A 32.85' • • y Q LAND NOW OR FORMERLY OF TOWN OF SOUTHOLD s~~(y ,3 3~, ryg~08 • ~ • • o 4 's7. 9 $ - p ~ ~ _ os~. W r - 1 QV • • I O ry144 ~M1 S 32'15'54" E I o I 4 _ F qC" S 2714'14" E TAX LOT 22 & 23 • • E G' 11.26' LAND NOW OR FORMERLY OF z i n(/ • FA N 89'51'08" E TOWN OF SOUTHOLD 14.84' "BOAT BASIN" • 6 ( \N-jO ii ~ y ryn ~ V& r 1 RECEIVED NOV 19 2012 ° d. S 83.17'57" E I • • • h i BOARD OFAPPEALS O l+ 10.90' ° i ° ° • • A jj~ S 77'11'40" E i 37.66' • I i PILE • • • I o~'y ~y O ° • •NGOa a ~ ] - o ~~O 10/24/12 CW NSWF, INC. COMMENTS S S 8135'1 E O 9/11/12 CW DIVISION LINE 7-6 T 23.01' ° ° 5w!'/SYT-E I p ~?P' $I Dale BY KwIsian i Surveyed by D-A d by CW CJlecked by i Y TI.CI' ~ O ° i GJ Barrett i B~~ Bonacci & ~ i s o GJ 817E DATA Van Weele, PC TOTAL NO. OF LOTS 2 Civil Engineers 175A Commerce Drive TOTAL AREA 169,444 SQ.FT. c..., a Hauppauge, NY 11788 TOTAL UPLAND AREA 162.396 SQ.FT. TOJ I.4JJ.i SCHOOL DISTRICT NEW SUFFOLK _ sa I 'PEST HfOLE 81 TEST HOLE 82 FIRE DISTRICT CUTCHOGUE _ Planners F 631.435.1022 wwvv.bbvpc.com ZONING MARINE 11 Q.FT. MINIMUM LOT AREA 80,000 S MINIMUM LOT WIDTH 150 FEET I \ ) DO p~ PO a' 0EOX13 aYl~- E is' Tax Map: DISTRICT 1000 SECTION 117 BLOCK 8 LOTS 18 & 19 MINIMUM HEIGHT 2 2 STORIES / 35 FEET (JJ/v~l O 0°0 0 5 ~>z P~ wM " 111tiIw MINIMUM FRONT YARD SETBACK 35 FEET T iMUANa' i m mg {LAM, d iM poP~M ~Paed Mean wm aiade in PROPERTY MINIMUM SIDE YARD SETBACK 25 FEET / 50 FEET TOTAL MINIMUM REAR YARD SETBACK 25 FEET UPID, sw ,wD z•, DE•Pls ~GUND i amidoivwMiM1.edwn9^ dPmdiw fa bnd mnadaMad btla ~wvo,tsme SRUATE - /u Jm~m dPdmYaral ln~d 5~ruhvn Thlr PROPOSAL: TRANSFER 48,689 S.F. OR 1.118 ACRES FROM TAX LOT 18 (NEW PARCEL 1) andbnd ~tlfi~1 TO TAX LOT 19 (NEW PARCEL 2) aA PAL LEIN P EIRGIVr dmw .emu"n "6 b~hi,- ;SOUrHOLD W SUFFOLK u,W h.. TOTAL LOT AREA PARCEL 1 a 2• p-180444 806 FT. ~ 3ZW.~ApCRES MIN I SMID Sw cim v TOWN OSUFFOLK COUNTY, NY EXISTING LOTS TAX LOT is TAX LOT ,V ~w LOT AREA 149,325 SQ. FT. OR 3.428 ACRES 20.119 SQ. FT. OR 0.462 ACRES NEW SUFFOLK WATERFRONT UPLAND AREA 142,277 SO. FT. OR 3.266 ACRES 20,119 SO. FT. OR 0.462 ACRES y 1y Umul blhis wnay LOTCHANGE 5oo1b °4 PROPOSED LOTS PARCEL 1 PARCEL 2 LINE OF NEW YORK STATE "ND GRANT I 1cT HOLE wo By M[OCNAI? aE050IENDE bo Ndonon aidN Ywk PREPARED FOR: NEW LOT AREA 100.638 SO. FT. OR 2.310 ACRES 68,808 SO. FT. OR 1.580 ACRES I FlLLI FILED OCTOBER 9. 1901 USER 510 PAGE 373 MAY 1% zoos 'Ed-. NEW SUFFOLK WATERFRONT FUND, INC. Gp.,diM, wny map nd bwnrq 650 FIRST STREET, P.O. BOX 146 UPLAND AREA 93,588 SQ. FT. OR 2.148 ACRES 68,808 SO. FT. OR 1.580 ACRES UN (AS SHOWN ON PREVIOUS SURVEY BY n'^a°'• imnb°°'d.1 .0 nem"m dill NEW SUFFOLK, NY 11956 w,be ~an,iddodabea nae and wla copy Q 2012 BBV PC BEACH AREA 4,229 SQ. FT. OR 0.097 ACRES 5,857 SQ. FT. OR 0.135 ACRES -WILLI/ WILLIAM T BRYAN. LS. DATED MAY 22. 2000)_ _ _ - _ _ _ - - - of dam *e .,nin d Dole Scale Project No. S N°. BUILDABLE AREA 89,359 SQ. FT. OR 2.051 ACRES 62.951 SO. FT. OR 1.445 ACRES The dlsen ar dimensions shown ham slaV'Alles b the prcpeRy Ilnes are for a apeclHc pulposa and use, and Iherekre, are Iwt Intended b guid==. leas, reaming mlb, p~a[ d , pohm, plamir, auras, cddemm b of and any dhm m ia,, Slbs6ao and erNiranmenbl illam d s rend ervmined , OT we I/A MAP mm~ pmndlaced m apart of This survey. or mssideled m a pit of survey. Emmnenh, Righa4WW P mood, I airy, OLe nd sham. P,.ty mmer umene woo vai o 'of vmsy. JULY 5, 2012 1 " = 30' A120278 VIEW: MAP ]:VU]x~AWLTpwN]]~Z/~m^'Y Nmtl,WaV]ou 3Y]>ON4sw,pmegm WCx /rn