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HomeMy WebLinkAboutBoos, Norman-WithdrawnBOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ~ 1971 October 10, 1984 TELEPHONE (516) 765-1892 Mr. Allen T. Schwab, President Nassau Farms Association P.O. Box 85 Cutchogue, New York 11935 Dear Mr. Schwab: In response to your letter dated September 27, 1984 regarding the application of Norman C. Boos for additional dock facilities in Broadwaters Cove, Cutchogue, by letter received from the Southold Town Board of Appeals dated May 9, 1984, the Appeal No. 3203 application for Norman C. Boos was withdrawn without prejudice, by resolution adopted by the Board of Appeals. Therefore, Mr. Boos can not further expand this facility until all approvals are obtained from the Buitdinq Department, Board of Appeals, and any other department that w~uld be involved. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Secretary to Board cc: Town Clerk~ / Building Dept~ Board of Appeals~/ Planning Board~/ Trustees~/ filej P. O. 5:)x 85 . CUTCHOGUE, NEW YORK 11935 September 27, 1984 fhaizman, Board of Trustees To~n of Southold Mmin Road Southold, N Y 11971 Dear Sir: It has c~ue to our attenti~ that Mr. Norman Boos has voluntarily withdrawn his applicaticm relative to the expansic~ of his present marina ~ Broadwaters COve. We, the residents of Nassau Farms, and psrticularly those in the j_~mediate area of the marina, have opposed the expansic~ of the present facility. We were 9ratified to learn that Mr. Boos had withdrawn his applicatien. Since this is a matter of ccmcern to our Associatien representing the residents of Nassau Farnm, we respectf~/tly request that we receive notice in the event that Mr. Boos should elect to reactivate his applicatic~ at-~y time in the future. Very truly yours, Allen T. Schwab President' jw P. O. Box 85 CUTCHOGUE, NEW YORK 11935 September 27, 1984 Chainuan, Board of Trustees Town of Southold ~n Road Southold, N Y 11971 Dear Sir: It has ccme to c~r attention that Mr. Norman Boos has ~ol%~tari!y with~ his _applicatic~ relative to the expansic~ of his present marina c~ Broadwaters Cove. T;~e, tbs residents of Nassau Fan~, s~d particularly those in the ~ate area of the m~a, have opposed the ez~0ansic~ of the present facility. We were gratified to learn that Mr. BOOS had withdrawn his applicatic~. Since this is a matter of ccncern to our A~sociatien representing the residents of Nassau Farms, we respectfully request that we receive notice in the event that Me. Boos should elect to reactivate his applioatic~ at ~ny time in the future. Very truly yours, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONI$, .IR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI 1',,4AIN ROAD- STATE: RC3AD 2S ~LITI-II~LD, L.I.. N.Y. TELEPHONE (516) 765-1809 May 8, 1 984 Richard T. Haefeli, Esq. McNulty, DiPietro & Haefeli 130 Ostrander Avenue, Box 757 Riverhead, NY ll901 Re: Appeal No. 3203 - Norman C. Boos Dear Mr. Haefeli: Attached for your records is a copy of the resolution a~dopted at our Special Meeting held May 2, 1984, withdrawing the subject application'without prejudice as requested. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure ~ cc: All State, County and Town Agencies HAIN RI3AD STATE RI'lAD 25 Sl31JTHE}LD, L. ., N.Y. 11~711 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3203 Application Dated December 20, ]983 TO: Richard t. Haefeli, Esq. McNulty, DiPietro & Haefeli for NORMAN C. BOOS 130 Ostrander Avenue, Box 757 Riverhead, NY ll901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on Ma~.2j_]984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York ~own Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article , Section [X] Request for Variance from Zoning Board of Appeals letter dated June 1, 1978 to request additional dockage facilities. WHEREAS, on December 20, 1983, an application for a variance has been filed requesting additional dockage facilities at premises located at the south side of Skunk Lane (Bay Avenue), Cutchogue. New York, now of Norman C. Boos; WHEREAS, since the date of filing this application, an environmental review process has been pending concerning this proposed project; and WHEREAS, on April 25, 1984, this board has been requested to withdraw the subject application, without prejudice: NOW, THEREFORE, BE IT RESOLVED, that Appeal No. 3203, application for NORMAN C; BOOS, be and hereby is WITHDRAWN WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolu- tion was unanimously adopted. DATED: May 8, 1984. Form ZB4 (rev..12/81) CHAIR~LAN, SOUTHOLD TO'~%NING BOARD OF APPEALS APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS JR, SERGE DOYEN, JR. ROBERT J. D:G~GLASS JOSEPH H. SAWIC½1 MAIN ROAD-I~TATE; ROAD 25 Town Boardof AP als I.~OUTHOLD, L.I., N,Y, 11~J'71 TELEPHONE (516] 765-1809 May 8, 1984 Richard T, Haefeli, Esq. McNulty, DiPietro & Haefeli 130 Ostrander Avenue, Box 757 Riverhead, NY ll901 Re: Appeal No. 3203 - Norman C. Boos Dear Mr. Haefeli: Attached for your records is a copy of the resolution adopted at our Special Meeting held May 2, 1984, withdrawing the subject application'without prejudice as requested. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure ~ cc: All State, County and Town Agencies MAIN ROAD-STATE ROAD 25 SI::)UTHOLD, l.l.. N.Y. 11cJ71 TELEPHONE (518) ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3203 Application Dated December 20, ]983~ TO: Richard T. Haefeli, Es'q~ McNulty, Di.Pie.~ro'& Haefeli for NORMAN C. BOOS 130 Ostrander Avenue, Box 757 Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on Max 2, 1984 the above appeal was considered, and the action indicated be!o~--~as taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article ~ Section IX] Request for Variance to the Zoning Ordinance Article , Section [X] Request for Variance from Zoning Board of Appeals letter dated June 1, 1.978 to request additional dockage facilities. WHEREAS, on December 20, 1983, an application for a variance has been filed requesting additional dockage facilities at premises located at the .~outh side of Skunk Lane (Bay Avenue), Cutchogu~, New York, now of Norman rC. BOOS; WHEREAS, since the date of filing this application, an environmental review process has been pending concerning thi~ proposed project; and WHEREAS, on April 25, 1984, this board has been requested to withdraw the subject application, without prejudice: NOW, THEREFORE, BE It RESOLVED, that Appeal No. 3203, application for NORMAN C' BOOS, be and hereby is WITHDRAWN WITHOUT PREJUDICE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolu- tion was unanimously adopted. TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 February 9, 1984 Mrs. Judith T. Terry Southold Town Clerk Southold, NY 11971 Dear Judith: After reviewing the application of Norman C. Boos for a wetland permit to construct additional float and catwalk accommodations for eighteen boats, I wish to submit the following data. 1. The Board of Appeals is now in the process of determining whether or not relief should be granted to Mr. Boos, on the restriction placed on the marina of a maximum 35 boat capacity, and no boats longer than twenty-four feet in length. The property in question, encompassing the marina and water under it, is all private property and the marina is pr~- existing and a non-conforming condition. First I'd like to address the non-conformity. The Town laws address the problem of what a non-conformity is and also what conditions will eliminate anon-conforming condition. Unfortunately there is nothing in writing that prohibits the expansion of a non-conforming condition (except by ruling of Zoning Board of Appeals per case). I understand the practice or procedure was that a non-conformity should not be allowed to expand but never was too much of an effort made to enforce it, as evidenced by other non-conforming marinas. Reading the Wetland Ordinance and the history behind it, I find that to simplify its powers, I would say, "All lands Town owned that are under water or classified as Town owned wetlands are the responsibility of the Town Trustees and their jurisdiction. All water or wetland that encompasses private property are the sole responsibility and jurisdiction of the Town Board." There have been a good many cross-overs and this practice should cease, as it leads to awkward and embarrassing conditions that are not necessary. This present case is one in point. Southold Town Clerk. 2/9/84 Page 2 Should the Board of Appeals decide to grant relief to the present restriction, then at that point, the Boos' would have to go to the Planning Board for an amended site plan and adjust- ments for parking, etc. The Boos application would then have to be acted upon, for a wetland application, by the Town Board. Please be aware that the Trustees have already had a hearing on this matter, so to avoid too much embarrassment, possibly the Town Board could ask the Trustees for some input. I would also suggest that some effort be made to refine and re-define the guidelines they would be able to operate under. Sorry for the delay in answering and I hope this has been of some help. Very truly yours, Victor Lessard Executive Administrator VL:ec xc: Town Trustees Chester H. ~chbaum Debra S. Cantor 20 Waterside Plaza New York, N.Y. lOOlO February 8, 1984 Trustee Chairman' Attention: Henry Smith Jr. Southold Town Hall Main Road-S.R. 25 Southold, N.Y. 11971 Re: Southold Town Board of Appeals Appeal No. 3201 Variance to Expand Marina Facilities 'Dear Mr. Smith, As owners of the property directly adjacent to Broadwaters Cove Marina, we are opposed to the variance proposed by Mr. Norman Boos for expansion of the marina facilities for the following reasons; l) We call your attention to Southold Town Board of. Appeals Action dated September 17, 1982 on Appeal No. 2914, a copy of which is enclosed. In order to gain a variance to the zoning ordinance to enable him to build his house, Mr. Boos hequested permission to reduce the land area for the marina. Clearly the intention of the zoning Board in granting the Appeal was to increase residential use and limit marina expansion. Now, having gained permission to build the house, Mr. Boos wants to expand his marina property also. Possible expansion of the marina was a concern of o~fs even before-we purchased ou~ property. Before our purchase we asked Mr. Boos about his expansion plans and he told us that he had no intention of building more than his home. Our concern is evidenced by. the enclosed copy of a letter from our lawyer dated January 9, 1981. In reply to our concerns about marina expansion he states that as a pre-existing non-conforming use, "opportunity for expansion or intensification would be extremely limited at best". We do not consider fifty percent expansion of docking and parking facilities to be "extremely limited" - ~ ~2) We believ~ thef6~s insuffi~ent'~pa~e for parking additional cars on the property and we are concerned that cars may be parked in areas not allocated for parking in Mr. Boos' plans. Indeed even in the past, marina patrons have parked their cars in the area we have marked in red on the enclesed map/ This area is directly adjacent to our residential property',~nd we believe'is included in the residential portion of Mr. Boos' ~roperty and is not allocated for pa~king in any of the previously approved plans nor in the proposed plan. If additional docks are built in th~s area, more patrons will certainly park there in order to be close to their boats, destroying the residential nature of the area. ..... Con't 3) 4) We are concer~a, about possible effects of the ?~posed expansion on the safety of our .,xild, ourselves, our neighbors ~ ~the rest of the community. The proposed expansion will surely bring an increase in automobile traffic on an already unsafe portion of Skunk Lane. There are blind curves on ~ either side of the marina and speeding is commonplace on this road. Therefore, there is very poor visibility for cars entering or leaving the marina. We are also concerned about such a large increase in boat traffic. The marina is largely unsupervised and adding these docks will make navigation to and from the marina much more hazardous. In addition, the channel leading out of Broadwaters Cove is very narrow and, even in the past, there have been numerous groundings including some o~ our property where the channel leads into the marina. Our safety concerns are tensified because Mr. Boos proposes to expand this marina, a commercial use in a residential area, even though there is no full-time supervision of the facility as Mr. Boos is normally present on weekends only. Finally, we are opposed to this proposal because of the negative environ- mental impact we believe it will have on Broadwaters Cove and the wetlands in the area. All Boats must motor in and out of the marina, and a fifty percent increase in this traffic will cause increased gasoline and oil pollution in the cove, not to mention the increase in trash thrown or blown overboard. The lack ~ maneuverability in the marina caused by proposed expansion might increase damage to the banks of the Wetlands. And the additional traffic in the channel leading out the marina passes directly through our property, jeopardizing the marshes at the edge of the water. We are also concerned with the lack of sewage f~cilities at the marina and the effects of raw untreated sewage disposed of directly into Broadwaters Cove on swimmers and natural wildlife. Please consider that the area surrounding Broadwaters Cove Marina is entirely residential in nature, and most of the residents believe that expansion of'~his'~cOmmercial activity as proposed would be detrimental to the wetlbeing of the entire-community. Indeed, we have supported Mr. Boos' previous proposals for variances needed to .build his house, as residential development of the property was deemed a positive asset to the community. Thank you for your kind attention. Very t~_ yours, ~ester H. Hochbaum Debra S. Cantor MAIN ~OAQ-STATE ~DAD 2.5 ~UTI~L~, L.h, N.Y. 1'1971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (5t61 765 1809 Appeal No. 2914 Application Dated July 27, 1982 for a Rehearing TO: Stephen F. Griffing, Jr., Esq. (For ~o~.n.~n~ .... C. Boos) 120 Court Stzeet, P.O. Box 982 Riverhead, NY 11901 [Appellant (s) ] At a Meeting of the Zoninj Board of Appeals held on September 16, 1982 the above appeal was considered, .and the ~ction indicated below was =aken [ ] Request for Varianc~ Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request ~or Sp~cial Exception under the Zoning Ordinance Article ~ Section Reques~ for Variance to the Zoning Ordinance Article ii£ , Section ]_00-3! Article V, Section 100-5] [ ] Request fo]; Th~ Pub[is Reheaz_~ng zn this matter was held on August 17, 1982. Rehearing in the ~4att. er c,f the Applicatlon for"~O~...~.~,~' '~ ' '- C. BOOS, One Cedar Strcen, Massapequa, NY 11758, by Stephen F. Griffinp, Jr., Esq., for a Variance to the Zoninq Ordinance, Art'ic!e III, Section 100-31 and Article V, Section 100-51 for permission to reduce !and are-a for existing marina by dividzng PI'cruises inno two parcels, one as a marina and one for residential use, each having insufficient upla:nd area. Location o Property: South side of Bay Avenue (a/k/a 8000 Sku.qk Lane), Cutchfo NY; bounded north by Bay Av~nqe, wes~ by Br~c~.ley; south by Gross; aue~. by HochbatLm- more particu _ alas -' larly identi, fi~ed as Suffolk County Tax MaD Dis- trict 1000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review its original decision in this Appeal. This matter was reheard au a regular meeting of this board held on August 17, 1982. At such rets--Sting, appe]!anr, presented new and further evJdence, all of which is set forth in the minutes of said rehearing. Based upon such new ev]dcncc, this board finds that sLrict compli- ance wir. h the zoning code ~'~ouid re "~ ' suzn in practical difficulties and, accordingly, grants the variance SUBJECT, HOWEVER TO THE ~O~LOW_NG CONDITIONS to wit: _~__. - ...... : ' ~' 1. That the ~rm~ ' ~ -~ P~ ~s~oh granted herein is only for the consEruct~on. of one private one-family dwelling on the premises-{comprising 117,871 square feet of which 47~364 square feez are under water), it being spec~-/ ficaliy understood that the marina located on the premises shall never be considered a separate parcel of property, and the enzire premises shall remain in one ownership, tin effect, this property shall not be permitted to be subdivided with the existing u~es.] 2. .~hat a parking plan with a mini_mum of foruy-three (43) packing spaces fez the marina use shall be suhttitted to and approved by the Planning Board. 3. That the new dwelling propo.~:ed ~o be cons,~- cted by the appellant shall be loca~,.]~-,~- on the promisees' as indicatcd~ '~ on the map entitled,,.Broadwaters (',- '~.~ Macjn,]. ," ihitialed by tn,, Cnai_man" '~ on August 17, 1982; an~ thd~ the consEuucuion of said dwelling shall com- ply in all ',~-n,~ .~ thereto, r=~z.~c_s with all laws and rules and regulations applicable (CONT1NOED ON PAGE TWO) DATED: September I7, 1982. CfIAI~MAN, SOU~HOLD TO~-.iN ZONING BOARD OF APPEALS Form ZR4 (rev. 12/81) ,JOHN R. McNULTY DAVID J, GILMARTIN ARTHUR DiPIETRO PAT PRANK NESCI RICHARD T. HAEFELI McNULTY, GILMARTIN, DiPIETRO, NESCI ~ HAEFELI ATTORNEYS :~ COUNSELORS A~ LAW 130 OSTRANDER AVENUE P. O- BOX 7S7 RIVERMEAD, NEW YOR~ 1190l 516 - 7~7-S200 Janaury 9, 1981 SOUTHAMPTON OPFICE 3~(~ HAMPTON ROAD SOUTHAMPTON ~tEW YOrK 11968 Mr. Chester H. Hochbaum Miss Debra S. Cantor 20 Waterside Plaza Apartment 1 5D New York, NY 10010 Re: Cantor & Hochbaum from Wenk Dear Mr. Hochbaue and Dear Miss Cantor: In response to your letter of December 31, 1980, please be advis.ed,, as__follows: . 2. I have reve~wed the zoning map and ordinance of Southold town and also have spoken to the real estate broker and~ am satisfied that yonr property and the adjacent parcel in question are both zoned residential. The marina that is on the adjacent property is a pre-existing, non-conforming use and, as such, any opportunity for expansion or intensification would be extremely limited at best. u o wn ppea MAIN RDAD- STATE RDAD 25 SDUTHDLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR:. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAW1CKI NOTICE OF POSITIVE DECLARATION Appeal No. 3203. Application of: NORMAN C. BOOS Location of Property: South Side Bay Avenue, Cu~chogue, NY. County Tax Map Parcel ID No. 1000-104-08-2.1, 2.3~ 2.4, 2.5. Project Proposed by this Application: To expand nonconforming marina from 35 boats to 53 boats° ENVIRONMENTAL DECLARATION: Pursuant to Section 6!7.10(c) of the N.Y.So Department of Environmental Conservation Act~ Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, and other applicable statutes, the Board of Appeals as lead agency and in accordance with a previous declaration by this board clas- sifying this project as an Unlisted Action and determining that same may have significant adverse effects upon the environment, hereby determines that a Draft Environmental Impact Statement (DEIS) will be prepared in accordance with Section 617.8 and resolution unanimously adopted by this board on February 11~ 1984 and January 10, 1984 [copies of which are attached and made a part of 'this declaration.and describing the possible significant environmental effects identified and stating the reasons support- ing this determination]. Lead Agency and Person to be Contacted for Further Information: Southold Town Board of Appeals, Main Road, Southold, New York 11971, (516) 765-1809 [or 1802], Attention: Linda Kowalski~ Secretary and Clerk of the Board. The LEAF has been circulated and no objections have been received within ,the ~5'day commenting period from other departments/agencies; however, ~here is public co~trovers~concerning this proposed project. ~ This declaration should not be considered ~ determination made for any other department or agency which may have a different application sinc~~ the same has not been integrated to be within the purview of the Board of Appeals-at this point in time° Dated: February I1, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIrmAN $outhold Town Board MAIN REIAD- E~TATE RE}AD 2S APPEALS BOARD MEMBERS of Appeals ~OLITHE}LD, L.I., N.Y. 119'71 GERARD P. GOEHRINGER CHAIRMAN NOTICE OF DECLARATION CHARLES GRIGONi $, JR. SERGE DOYEN, JR. P[.)'RS[.]'ANT TO ROBERT J. DOUGLASS JOSEPH h. SAWICKI N.Y.S. 'ENVIRONMENTAL QUALITY REVIEW 'ACT TELEPHONE (5161 765-1809 Appeal No. 3201 Application of: No~MAN C. BOOS Location of Subject Property: 8000 Skunk Lane (Bay Avenue), Cutchogue. County Tax Map Parcel District 1000, Section 104,Block 08, Lot Project Proposed: To expand marina dockage facilities for 18 boats. - ENVIRONMENTAL DECLARATION: Pursuant to Section 617.7 of the N.Y.S. Department of Environ- mental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the SQ6thold Town Code, and in 6rder to commence the processing of the SEQRA procedures, the Board of Appeals of the Town of Southoid at this time declares itself lead agency in this proposed project and hereby classifies the same as an Unlisted Action which may have a significant adverse effect upon the environ- ment for the following reasons: 1. Information ~as not been submitted indicating the type of sewage systems available, if any, for those boats having sleeping, kitchen, or other facilities, which may cause pollution into the waterway; 2. Information has not been available indicatinq the type of maneuvering for those boats to be navigating to and f~om each docking facility, which may disturb the wetlands area along the edge of this subject area. 2.1~2.3, 2.4,2.5. It is hereby requested that the applicant and/or his agent furnish our department with a completed Long Environmental Assessment Form. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject Z.B.Ao application. Dated: January 10, 1984. BY ORDER OF THE SOUTHOLD TO~/N BOARD OF APPEALS - GERARD P. GOEHRINGER, CHAIRMAN For additional information, please contact: Linda KOwalSki, Secretary and Clerk for the Board of Appeals at 765-1809 (or 1802). MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. ll¢:J?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI February 14, 1984 Mr. Norman C. Boos One Cedar Street Massapequa, NY 11758 Re: Appeal No. 3203 Variance for Expansion of b~rina Dear Mr. Boos: At a Special Meeting of the Board of Appeals held on February 11, 1984, it was the unanimous agreement of the members to request a Draft Environmental Impact Statement in accordance with Section 617.8 of the State Environmental Quality Review Act which shall contain at least the following: (1) a concise description of the proposed project, its purpose and need; (2) a concise description of the environmental setting of the adjacent areas, sufzlclent to understand the possible effects of the proposed project; (3) a statement of the important environmental impacts of the proposed project~ including short-term and long-term effects and typical associated environmental effects, i.e.: [a] [b] Ici alteration of the adjacent wetlands area, such as widening of the channel if needed at present or in the future; changes and effects of the adjacent wetlands area due to wave action from navigation; pollutants-sewage being discharged due to increased navigation; ~age 2 - February 14, 1984 To: Mr. Norman C. Boos Re: Appeal No. 3203 - SEQRA Variance for Expansion of Marina (4) an identification and brief discussion of environmental effects which cannot be avoided~ if the proposed project is implemented; (5) a description and evaluation of reasonable alternatives, including no-action alternative; ~(6) an identification of any irreversible and irretrievable commitments of resources which would be associated with the proposed action should it be implemented; (7) a description of mitigation measures to minimize the environmental impacts on: Iai alteration of the adjacent wetlands area~ including erosion~ due to increased navigation and maneuvering of vessels~ [bi sewage pollution; Ici other pollutants from navigation, etc. (8) a description of any growth-inducing aspects of the proposed project; (9) a list of any underlying studies, reports, expert testi- mony and other information obtained and considered in preparing this statement [together with copies of same for reference]. Upon receipt of the Environmental Impact Statement, we are required to provide for a 30-day commenting period and then to proceed with Section 617.10 of the SEQRA provisions. For your reference we are enclosing photocopies pertaining to other material to be included ill this statement. Yours very truly, Enclosures cc: Southold Town Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski TEL. 765-1802 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 February 9, 1984 Mrs. Judith T. Terry Southold Town Clerk Southold, NY 11971 Dear Judith: After reviewing the application of Norman C. Boos for a wetland permit to construct additional float and catwalk accommodations for eighteen boats, I wish to submit the following data. 1. The Board of Appeals zs now in the process of determining whether or not relief should be granted to Mr. Boos, on the restrictiOn placed on the marina of a maximum 35 boat capacity, and no boats longer than twenty-four feet in length. 2. The property in question, encompassing the marina and water under it, is all private property and the marina is pr~- existing and a non-conforming condition. First I'd like to address the non-conformity. The Town laws address the problem of what a non-conformity is and also what conditions will eliminate a-non-conforming condition. Unfortunately there is nothing in writing that prohibits the expansion of a non-conforming condition (except by ruling of zoning Board of Appeals per case). I understand the practice or procedure was that a non-conformity should not be allowed to expand but never was too much of an effort made to enforce it, as evidenced by other non-conforming marinas. Reading the Wetland Ordinance and the history behind it, I find that to simplify its powers, I would say, "All lands Town owned that are under water or classified as Town owned wetlands are the responsibility of the Town Trustees and their jurisdiction. All water or wetland that encompasses private property are the sole responsibility and jurisdiction of the Town Board." There have been a good many cross-overs and this practice should cease, as it leads to awkward and embarrassing conditions that are not necessary. This present case is one in point. Southold Town Clerk 2/9/84 Page 2 Should the Board of Appeals decide to grant relief to the present restriction, then at that point, the Boos' would have to go to the Planning Board for an amended site plan and adjust- ments for parking, etc. The Boos application would then have to be acted upon, for a wetland application, by the Town Board. Please be aware that the Trustees have already had a hearing on this matter, so to avoid too much embarrassment, possibly the Town Board could ask the Trustees for some input. I would also suggest that some effort be made to refine and re-define the guidelines they would be able to operate under. Sorry for the delay in answering and I hope this has been of some help. Very truly yours, Victor Lessard Executive Administrator VL:ec xc: Town Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197] January 27, 1984 TELEPHONE {516) 765-1892 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: I would like to advise your Board that the Trustees jurisdiction lies over all lands under water within the Town of Southold. We are authorized to issue permits for the placing of docks or other objects in or on any Town Waters provided that the same does not impede or interfere with navigation or the public use of said water or land. Therefore, in regard to the application of Mr. Norman C. Boos, the Trustees only have authority over the docks applied for and to insure that same does not interfere with navigation. This application~ which is before the Board of Trustees, has been tabled, at the present time. Very truly yours, /Henry P. Smith President HS/ip Chester H. Hochbaum Debra S. Cantor 20 Waterside Plaza New York, N.Y. lO010 February 8, 1984 11'9'71 )ld Town Board of Appeals to Expand Marine Facilities As owne~ of the property directly adjacent to Broadwaters Cove Marina, we are opposed to the variance prooosed by Mr. Norman Boos for expansion of the marin~ facilities for the following reasons; l) We call your attention to Southold Town Board of Appeals Action dated Septembe~ 17,-1982 on Appeal No. 2914, a copy of which is enclosed. In order to §ain a variance to the zoning ordinance to enable him to build his house, Mr. Boos requested permission to reduce the land area for the marina. Clearly the intention of the zoning Board in granting the'.Appeal was to increase residential use and limit marina expansion. Now; having gained permission to build the house, Mr. Boos wants to expand his marina property also. Possible expansion of the marina was a concern of ours eVen-before we purchased out property. Before our purchase we asked Mr. Boos about h~s expansion plans and he told us that he had no .intention of-b~ilding-more than his home. Our concern is evidenced by. the enclosed copy of a letter from our lawyer dated January 9, 1981. In reply to our concerns about marina expansion he states that as a pre-existing non-conforming use, pportunlty for expansion or Intensification would be extremel limited at bes?o We do not consider fifty percent expansion of docki~ and arkin facilities.to be "extremely limited". P g 2) ~E believe there 1s lnsufflcieht space for parking additional cars on the property and we are concerned that cans may be parked in areas not allocated for parking in Mr. Boos' plans. Indeed even in the past, marina patrons have parked their cars in the area we-have marked in red on the enclesed map/ This area is directly adjacent to our residential property~.~nd we believe'is included in the residential portion of Mr. Boos' ~roperty and is not allocated for pa~king in any of the previously approved plans nor in the proposed plan. If addftional docks are built in th~s area, more patrons will certainly park there in order to be close to ~heir boats, . destroying the residential nature of the area. ..... Con't Tow oar · :Is SfalJTHE~LE~. L.I.. N.Y. 11971 TELEPHONE 1516} 765-1809 ACTION OF THE ZO~[ING BOARD OF APPEALS Appeal No. 2914 Application Dated July 27, 1982 for a RehearJ. ng TO: Stephen F. Griffing, J'r. , Esq. (For Nor~ ' ~ ...... ..... C. Boos) 120 COQrt Stzeet, P.O. Box 982 Riverhead, NY 11901 [Appellant (s) ] At a e~ting of the Zoning Board of Appeals held on September 16, the aboYe appeal was considered, and the action india'-ted below was te~cen on yo~ [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Recuest for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article iii , Section 100-31 Article V, Section 100-51 [ ] Request for The Public Reheauing in this matter was held on August 17, 1982. Rehearing in the Matter cf the Applicatio~ for NON}i~N' C. BOOS, One Cedar Street, k4assapequa, NY 11.758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividi~"rg-p~-~i[~ses Jln~o '~o parcels, one as a marina and one for residential use, each having insufficient upland area~ Location of Property: South side of Bay Avenue. (a/k/a 8000 Skunk Lane), C'utchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hochba:.am; more particularly identified as Suffolk County Tax Map Dis- trlct ].000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review i~s original decision in this Appeal. This matter was reheard au a regular meeting of this board held on August ].7, 1982. At such reh~:~aring, appel!anu, presented new and further evidence, all of whichza''- set. forth in the minutes of said rehearing. Based upon such new ewidence, this board finds that strict compli- ance with the zoning code would =es~t in practical difficulties and, accordingly, grants the variance SUBJECT, ~{OWEVER, TO THE FOLLOWING CO~.~DITIONS, to wit: .......................... --7- /" 1. That the permission granted herein is only for the constructlon.~ of one private one-family dwelling on the premi~-~s (comprising 117,871 square feet of which 47~364 square feet are under water), ~..t-oeln,.~ f. icali[;-%nderstood ~ha't the ~arina located on the pre~7~ises shall never be considered a separate parcel of property, and the entire premises shall remain in one ownershi-p~ lin effect, this property shall not be permitted .... _ nO me subdivided w~t.h the existing uses.] 2. _~hat a parking plan with a minimum of forty-three (43) packing spaces fo.u the marina use shall be submitted to and approved b~ the Planning Board. 3. That the new dwelling proposed to be cons'nructed by the appellant shall be located on the premises as indicated on the map entitled, "Broadwaters Cove Ma£ina,' initialed by the Chai~man on August 17, 1982; and their the coustruction of said dwelling shall com- ply in all respects with all laws and rules and regulations applicable thereto. (CONTINUED ON PAGE TWO} DATED: September [7, 1982. CHAIPa~IAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. i2/8!) dOHN R. McNULTY DAVID J. GILMARTIN ARTHUR D~PIETRO PAT FRANK NESCl RICHARD T. HAEFELI McNULTY, (~ILMARTIN, DIPIETRO, NESCI ~, HAEFEL! ATTORNEYS ~ COUNSELORS AT LAW 130 OSTRANDER AVENUE P. O- BOX 757 RIVERHEAD, NEW YORil Ili)OI Janaury 9, 1 981 SOUTHAMPTON OFFICE 3EC HAMPTON ROAD SOUTHA~IPTON NEW YORK rl968 Mr, Chester H. Hochbaum Miss Debra S. Cantor 20 Waterside Plaza Apartment 15D New York, NY 10010 Re: Cantor & Hochbaum from Wenk Dear Mr. Hochbaue and Dear Miss Cantor: In response to your letter of December 31, 1980, please be advised, as follows: 2. I have reveiwed the zoning map and ordinance of Southold town and also have spoken to the real estate broker and am satisfied that your property and the adjacent parcel in question are both zoned residential. The marina that is on the adjacent property is a pre-existing, non-conforming use and, as such, any opportunity for expansion or intensification would be extremely limited at best. Southold Town BoardofAp als HAIN EOAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN C~HARI-ES GRIGONIS, JR. SERGE DOYEN JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI TO: DATE: SUBJECT: Sou~hold Town Clerk Sou~hold Town Trustees~ January 25, 1984 Appeal No. 3201 Norman C. Boos Pending SEQRA Review Proposal to Expand Marina ansmitted herewith for your records is a copy of the Long Assessment Form recently received by our office lead agency in the above matter. may be received by our office on or before February 9, 84. A lack of response will be interpreted to mean that your )artment has no objection.- ours very truly, P. GOEHRINGER :i BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 January 23, 1984 Mrs. Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is correspondence pertaining to the Wetland Application before the Town Board, on behalf of Mr. Norman C. Boos for the construction of approximately 175 lineal feet of floating walk with nine fingers, each approximately 16' long to accomodate additional dockage for eighteen (18) small boats located at Broadwaters Cove. Very truly yours, Board of Town Trustees Henry P. Smith President By Ilene Pfifferling ip Attachments xc: Trustees So th wn Bo d a MA N ROAD STATI~ ROAD 25 BOUTHDLD, L I, N Y 119'71 TELEPHONE (516) 75§-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR/GONIS. JR. SERGE DOYEN..IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 11, 1984 Mr. Norman C. Boos One Cedar Street Massapequa, NY 11758 Re: Appeal No. 3201 Variance to Expand Marina Facilities Dear Mr. Boos: At a Special Meeting of the Zoning Board of Appeals held last evening, January 10th, the board declared itself lead agency pursuant to the N.~.S. Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Town Code, and classified your proposed project as an unlisted action which may have a significant adverse effect-upon the environment for the reasons listed in the attached Declaration. Pursuant to the above, it is requested that a Long Environ- mental Assessment Form, which is attached, be completed by you and filed with o~r office as early as possible. Please don't hesitate to call our office if you have an~ questions. Yours very truly, Enclosures cc: Building Department Town Trustees Planning Board Supervisor F.J. Murphy GERARD P. GOEHRINGER Southold Town Board:'o£ Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE {518t 785-1 ~09 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS..JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Appeal No. NOTICE 'OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL 'QUALITY ·REVIEW 'ACT 3201 ..... Application of: NORM~N ~. BOOS Location of Subject Property:· 8000 Skunk Lane (Bay Avenue), Cutchogue. County Tax Map Parcsl Dist~ct 1000, Section 104,Block 08, Lot Pro~ject Proposed: To expand marina dockage facilities for 18 boats. ENVIRONMENTAL 'DECLARATION: Pursuant to-Section 617.7 of' the N.Y.S. Department of Environ- mental Conservation Act, Article 8 of the Environmental Cgnservation Law, and Section 44-4 of the So~thold Town Code, and in order to commence the processing of ~he-SEQRA~procedures, the Board of Appeals of the Town of Southoid at this time declares itself lead agency in this propose~ project and hereby classifies the same as an Unlisted Action which may have a significant adverse effect upon th~ enviroh- ~ent for the following reasons: .... 1. Information ~as not been submitted indicating the type of sewage systems available, if any, for those boats having sleeping, kitchen, or other facilities, which may cause pollution into the waterway; 2. Information has not been available indicating the type of maneuvering for those boats to be navigating to and from each docking facility, which may disturb the wetlands area along the edge of this subject area. It is hereby r~quested that the applicant and/or his agent furnish our department with a completed Long Environmental Assessment Form. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject Z.B.A. application- _ Dated: January 10, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN For additional information, please contact: Linde Kowalski, Secretary and Clerk for the Board of Appeals at 765-1809 (or 180~). 2.1, 2.3, 2.4, 2.5..~ Est. 1950 Jan. 16, 1984 BAY AVENUE (Skunk Lane), CUTCHOGUE, L. I., N. Y. 11935 Secluded Dockage with Electricity Days= 433-0010 Evan;n;s= 541-4604 Mailing Address: Norman C. Boos I Cedar St., Massapequa, N. Y. 11758 Southold Zoning Board of Appeals Town Hall Main Rd. - S.R. 25 Southold, NY 11971 Attn: Mr. Gerard P. Goehringer~ Chairman Dear Mr. Goehringer: In accordance with your letter dated January ll, 1984, enclosed please find completed Long Environment Assessment form. I've heard rumor that a petition against this action with heavily ex- aggerated claims'is being or has been sent you. Said petition assert- ing that we have (1) live on board people in the marina with resulting cooking and human pollution, (2) that boats are oversize and (3) that traffic creates a problem, I would like to document for the board that these claims are invalid: (1) Live on board: With the exception of A. Zimmer (my wife's brother) patrons of the marina live within a short distance of the marina. They walk and bike in addition to driving to the premises. They .certainly do not live on board, nor is it honestly feasible for them to come aboard to cook, home is much more convenient. On occasion my brother-in-law does stay overnight at the marina during which time he uses our personal dockside facilities. It has been noted on beth 1983 and 1984 contracts that live on board is not permitted (see enclosed). As to my own boa't, I do live on board during weekends and I utilize the toilet facilities in the storage building as purchased (also enclosed).. I have not made these facilities available to anyone other then my in-laws but if the board wishes me to do so I certainly will readily comply. I supply and maintain refuse cans for those in need. (2) Boats are oversize: Our boats range in size from a 13' boat to two boats that are 25' and one boa~ 27'. The twenty-seven is owned by Mr. & Mrs. R. Wacker, members in good standing in the community, who traded up from a 21 footer ~o the present size. They have been patrons of tile marina prior to and during the entire time that we have been owners. In view of the fact that they are such good people, and they conform to the rules of the marina, we could not tell them they must leave because they are now oversize. (3) Parking: The enclosed photo (a) showing marina during our first Page 1 of 2 - Continued WE ARE NOT TO BE HELD RESPONSIBLE FOR INCLEMENT WEATHER, THEFT, FIRE, ACCIDENTS OR OTHER CONTINGENCIES BEYOND OUR CONTROL. year of ownership clearly indicates parking to be adjacent to the road. There was no.way'for any patron to leave the marina without having to back onto Skunk Lane, dangerous in view of people sometimes speeding around the bend in the road. Since ownership~ parking has been taken off the road (photos b & c) by means of blocking cars from just pulling in and out. This was accomplished by placing the pilings and hawser lines as noted (photo b) and the telephone pole automobile stops as in photo a have been moved much closer to the white 4 x 4 posts creating a good size parking~area (photo c). Parking in the area of my home Las been landscaped, in a year or so no auto in that portion of the marina will be seen from either Skunk Lane or Nassau Poin~ Causeway. These photos indicate the entire marina basin. The platform of photo d is 20' overall enabling you to compare size of boats down the line. Photo c shows boats on the road side as well as the east side. You can see from these photos that the boats are day boats, good for a leisurely outing, fishing or water skiing. The~y are not what would be called live on hoard type boats. To tie up a few loose ends. There is simultaneously community need as well as financial requirement for the expansion. The cost of operation far exceeds the revenue. I stated at the Trustees hearing that I will not again ask to increase the facilities if this request is passed and that is true.- My home is almost ready to move into, I wish to do so. I as well as my neighbors wish ~o enjoy the quietude of the area and do not intend to make this into a large commercial enterprise. As you are aware, I am requesting an-increase of eighteen additional boats, approximately 18' or less over the covenant set forth by the Board of Appeals several weeks prior to the sale of the marina (covenant dated 6/1/78, deed delivered 8/23/78). On May 17th 1978, to establish these guidelines, the former owner (Angelo Petrucci) in a letter to the Board of Appeals stated he could accomodate with ease 40 to 45 boats, but for his purposes chose 35 (letter enclosed). There is ample room for this proposed addition. Cordially, eno. Addendum: At the Trustees meeting it was mentioned thag at times people have exceeded the 5~}I rule which would result in erosion of the marsh and wetland area. On occasion this has happened in the channel and we let the few wino have done so be aware that i~ is against the law and would make them subject ko expulsion from the marina. N0 ONE has ever sped in the area of any docked boats however, and this addition would have the effect of protecting rather then destroying this vital area. People do sl0w do~n in the area of boats. ~O;~N OF S OUTHOLD' EbTVTRONR&?~NTAL ASSESS!~LENT - PAP~T I PFf0-JECT I~TF O~,IAT ION a~y additional ~n~o~at~on 2au believe w~.ll be need~ ~o c~plete pARTS Z aa4 3. . 8000 SkuDk Norman q¢/Boos 1 Ced~' St. {,la~e } E!i'ilO . ._. .. . .-' .:, .::::.--=- · 349-0010 ,.. flnatin~ dnnlc Wi+~h nine !6-!/2' £ifigers 'for additicaal dockagc cf 18 small boats. Construct 175 Lineal fooi of (PL-ZqS5 CO,'!PLETT EqCH ~US~TiO;; - -indicate :LA. if no: _='-~lic'*ble) -. \ ~, .'-gr~ cu I tut-~ _ , O~.W. ar % raczl acra=-c_e cf 7mjec-*- No physical change to land or water. a. '~h.a~. is .:e~_t.-, -.o ~e~r:c:¢? (In 6. ~samx~a~e ,~erc-~ntac. e'6'F proposed project site with slopes: ~=~0~_ ~'~, 10-t$~_ ..'~,'15~ or Z~..:~ I~..~.~c~d~sn:~u=us~ to. or contain a building'or site listed on the National Register of- Historic Yes x 2. -~hat is the de~h to ~he water table~- N.A .feet ~o hunting or flshi~g c;~o~unities presently exist in the pro,eot ar~a? .Yes ~ ~o C-oas Drojes~ s~te c~n~n any species of plant or eni~a] life that is ~d~ntified ~s threatened o~ enc~ss~r~d - __Yes X ~o, acco~ing to - Identify each species 11o ~'re t. here any unique or unusual land for~ns on the project site? fo~a:~cns - Yes _. X.=~o. -(Oascribe 12. Is %he p~jec: "* presently us~ by the co,unity or neighborhood as an open space or recension ~m~ - Y~s x ~;o. -.. ..~..~.'.: -: 12. C~es t~e present s~te offer or include scenic views or Yes x ~:o 14. Streams w~th~n or c:ntiguous to p~ject area: NoDe ' a. N~ cf stream and name of river to which it is tributary 1E. Lakes, 2en~, ~'e~land areas within or centiguot.,s tJ~ projec~ area:. a. ~a.~ Broadwater Cove ' ; b. S~z~ (in ~cres) 15. '"~' is :,ha dsmiaan: tan~ usa and zonino classification within a 1/4 mile radius of single family residential, R-2) end ~ha scale of development (e.g. 2 stor~). . Single family residential 1 1~ sto~y i. Fhys~cal dimensions and i~te of pmject (fill in dimensions as appropriate) a. Total c:ntigu~us a_ra_~.~ =~= o.~ed by p~je~ sponsor appro~ ,~- ' am-as, b. Pmject acreage developed: ~A acres initially; _ acres uI~imately. Pmjac: acreage to r~main undeveloped NA .- Length of project, in miles: NA ; i~if appropriate) If pro,eot is em exp~nsicn'of existing, indicate percent of expansion proposed: boild~ng'square~ feet- age., ; developed acreage - NA [l~mer o~ off-str~-e~t perking spaces existing_ 43'~ ; proposed Naziism vehicular trips generated per hour . ~wo (upon c~pletion of If residential: Namer and type of housing unils: 1 existing .- One'~amily Two F~ily Multiple fm~ily Condominium Ultimate 1 If: Orien~atlon Neic~hborhoed-Ci ~.y-aegiena 1 Non~eoniorming marina ' Beighborho,od Estimated Em.,pl o.~en t Industrial J. Tclal height of tallest proposed structure NA fee t. m_~_., I.e. roc~, , How much nature] .... ;al ( earth etc.) will be removed from the site None tOnS " cubic yards. 3. H:'~ many acres of vesetation (trees, shrubs, c+ound covers) will be removed from site ~lone acres. 4. W~!] any mature forest (over ]00 years old) or other locally-{mpor~ant vegetation b~.removed by this project? Yes X re-v~=e~_.~o,, to rep]ac~ that removed during construction? Yes No 6. ~f single phase projec:: Anticipa:ed period of construction lmonths, (including dm~olt~ion). 7. If multi-phased 9reject: a. Total n~ber of phases anticipa:ed No~A '- b. Anticipated date of co,once,ant phase I month year (including demolition} ' ~c.' Approximate completion date final phase m~nth year. - .. d. Is phase I financially dependent on subsequent phases? Yes ~o 8. Nell blasting occur during const?JCtion? Yes x No 9. :(ucber of jobs Senerated: du~ing constr~ction Nog~ after project is complet~ None - lO. )(urJer of jobs eliminated by this project Non~ Il. ~ill project requir~ r~location of ~y projects or facilities! Yes x ~o.' If yes, explain: 12. a. Is surface or subsurface liquid waste dis::sel involved? Yes xNo. b. If y~ , .. :s indicate ~ype of waste (s~wage, ind:striai, etc.) -- ¢. If surface disposal name of stream into which effluent will be discha.~ed -- 13. ~iI1 surf~c~ area cf existing lakes, ponds, szre~s, bays or other surface wa~eF~ays be increased or decreased by proFosal? Yes x No. - - '' 14. Is ~ ' ~roj_c. or any port~cn of project located in ~h: 100 year ~oad plain? Yes No 15. a. Does ~ject involve disposal of solid waste? .Yes x No b. If sas, will an existing solid waste disposal facility be used? Yes c. If yes, give n~me: ; location d. Will any wastes not So into a sewage disposal ~ystam or into a sanitary l~ndfill? ./ Yes 16. Will project use herbicides or pesticides? Yes x No 17. Will project routinely p~duc~ odors {~ra than one hour per day}? Yes _)C 18. Nill- '~ ~ operating noise exceeding ~roj~c~ S rocuce . ~n. local ambience noise levels? Yes x No 19. Willp~__~=~z result ~n' an increase in ener~' use? Yes x _No- If yes. indicate type(s) __ ~O 20. 21. 22. If water supply ~s f~m we]ls indicate pumping capacity ~A Total anticipated water us2ge per day NA gals/day. Zen)nO: a. ~hac (s ~cminant'z~ning classlficacion of site? b. Current s~ecific zoning classification of site c.- ts proposed use consistent with 2re~en: zoning? d. If no, inUicate desired zoning gals/minute. ~pqidmn%.iml-A~ricultural Non-conforming marina Yes 25. A? p ra',,~1 s: Is any Federal permi: required? × Yes No Does project invoIve State or Federal funding or financing? ko~al and Regional approvals: Approval Required (ies, rio) (Type) Submittal Approval (Date) (Date) City, Tc'~n, Village Boar~ City, Tc~n, Village Planning Board City, To>m, Zoning Board City, County He,lib. Department Other local agencies Other regional agencies £t~e ~gencies Federal Agencies C. lO; FOY-~.AT." O:L~L DS-TAILS A .... h any a~~,~.q.l inFar~..~tion as m~:y be neede~ ta clarify your project. Ii' there ar~ o~ may be any adve~e i*~cts associated '~ith ~he p~posal, please discuss such impacts and ~e measures wh-ich can be TITLE: O~,n ~ gATE: ., !/~ ~,/~4' TO~'~ OF SOUTHOLD ENViRONS~TTAL ASSESS.~.LENT - PART I! PROJECT I&!PACT$. A~TD THEIR 5LAGNITUDE General [qform~ion (Read Carefully) -. in c~Tietln~. ~he form the reviewer should be guided ~? ~=~,~ question: ~ave my decision~ and' deform{nations ~_:n~- r~scnabIe? The reviewer is hoc expected ~o h=..an expert environmental analyst. - I ..... ~fying :nat an effect wilt be potentially large Fcoluzn 2) does not mien that it is also necessarily significant. Any large e~fect must be evaluated i~ P~..T 3 to deCernine s~nificance. ~y.identifying an effec: t~ coluzn Z simply asks that it be looked aC further. '' - Th~ Examples provided ar~ to assist the rev)ewer by showing types of effects and wherever possible the threshol of magE~:::e t~ac would :rig~er a response in col~n 2. The exm~ples are generally applicable throughout the State and for most situations. But,.for any s:eciFic~r~.~_-- ~=~' or si~e o~h.r~ ~ exmmples and/or lower thresholds ~2y be core appropriate for a Potential Large Impact racing. '. .~_ct. on .... si~e, in each ~ocetit¥. ~ill vary. lIterefore, the examples have been offered as guidance They ~o not constitute ~n exhaustive list of imgactJ and thresholds to ~ns~er each question. -.' - Th~ number of examples per question ~s not indicate t~e imTo~nce of each question. '- Answer each of the 18 questions in PART 2. Answer' .Yes if there will be ~ effect. ~a./be answers should be considered as Yes answers. .- : ~ ~ If answering Yes to a o:estion then check the aoor~oriate box {columm 1 -or 2) to Indicat~ the size of the impact. If impact threshold equals mr exceeds any example provided, check colu~.q 2. im~acs rill occur but ~hreshold is lm-:er than exam:i~, check column I. If revie~ver has dcuEt about ~e size of the impose ~lQtl.consider the i~act as potentially large and proceed to P,,r,T 3. If a ~ot~ntially tar~e impact or effect c~n be r~d'Jc~d by a change in the project t~ a less.tEa~ large magnitude, place a Yes (n colu~ 3. A ~)o resUcmse indicates that such a reduction is not possible. I)(STRUCTIO~IS (Read CarefuIly} a. b. Si(ALL TO POTE.'('TIAL CA;~ IMPACT BE ~,ODE?ATE LARGE REDUCZD BY I,.P~, IMPACT PROJECT CHA~IC-E Construction of Dawj parking area for I,DGO or mor~. vehicles. Construction on land v~ker~_ bedrock is exposed cr ia.totally within 3 feet of existing gr:und suvaco. Construction chat will continue for more Chon 1.__.-;~=- or involve . = than 1,0O0 Excavation for ~lning purposes that ~ould re-~ve tons of natural .-nau_rlal (i.e. rock or soil) De~ /ear. Construction of any ne~ sanitary landfill. Cc:st~Jction on Land wher~a the depth to ,h. wa~er ==ble is less than 3 feet. Exemoles that $~outd Apply to Column 2 Any cons:r:ccion on slopes of 15% or greater, (ll foot rise per 100 foot of length), or ~bere the general slopes in the project ar~_a exceed I~PACT ON WILL THE~E BE ~; EFFECT AS A RESULT OF A P~fSZCAL CF.~XGE TO PROJECT SZTE? Cc~s:ruc~n ~n a d-~s~onat~d floodway. YES '-'iLL T~TXE ~E ~N EFFECT TO ANY UNIQUE OR U;:USUAL LAN,~?F0?J4S FC.u;;DC;; THE S[T£7 (i.e. cliffs, dunes, .ceologicai I:'P-'CT ~.N ~.~ATER Specific land IJiLL 2~0JEr. i' ~FECi' ~.:IY UAl-ER ~0D¥ DESi~gATED AS ..' P~OTECTE~? (Under ArticIes 15, 24, 25 of the Envir- ~x~:l~s thct ~culd A~ply to Col~ 2 Ored~ing more th~n I00 cubic yards of material from C:nstrucclen in a designated freshwater or tidal ~etlznd. VV Exam,!es t~: Would .~?ly ~ Column 2 A lC~~n' r-==se or d~cr~se in the s~ace area of any body of wa~er or ~re t,_n a lO acre increase or ConstrucSion of a body of water tha~ exceeds lO e:res of surface ar~a. NO YES 5. ~iLL P2OJECT AFFECT SURFACE OR GROUNDWATER QUALi,--~? ' E×am~les that W~uld Apply to Column 2 " Pr-~j~c: wi9l require a ~ischarge permit. Project requires use bfa source o? w2ter that does not have · ' approval :o serve proposed proj:-s%. ?re. jeer requires water su:Dly from wells with ~han q5 gallons ?r minute p~ping c~pacity- Ccnst~ccticn or oceration causing any conteminatimn of ~ ~ub~ic water, supply sys~am. P~jec: wilt adversely'affect ~undwacer. Limuid effluen: will be conveyed off the site co facilities which presently do hoc exis: or have inadequate caeacicy. ~Fo~ec: requiring a ~acility rna2 would use wa~er e~cess of 20,OGO qaIlons per day. .ely cause siltation or ~theF discNa~e NO YES ©© ~9OE?~TE L~RGE :tALL TO POTEZ.tTIAL .'.~OE~-~'-~E LARGE REDUCED BY - ) O:her [ ..... p~]act would ~cg~de flood wa:er ~o~s. P~]ecc is likely ~a cause substantial erosion. Other ~mpacts: ~:-PACT g~l A~R ~ YES 'RILL P2S2ECT AFFECT AI2 qu~-~ ....................... E~E~ales thaC ¥~cul~ A~p!y to Colu~ 2' hour. ~jec% w~ll result in th'e incineration of ~o~ than 1 tan ' a~ ~use ~er hour. 2~ject emission race e~ all contaminants will _xc__d 5 lbs. 2er hour or e heat source producing more ~qan tO million ~TU's per hour. Other impac:s: . ~ YES .,,a~ :cud ~aply to Col~ ~ ~eduction of o~e ar ~ species listed on the ~:~ York at FeU~ral list, using ~e site, ove~ or ~ear siC~ o~ found o~ the sit~. ~e~val of any ~ortio~ of a critical or,~ignificant ~ild- Ap.l~c .... n oF ~ ~' im: he~icJde ove~ r~ than twice a year o~her ~tan for agri~u)curel purocsas- Ot2~r ,,y,, ...... CT -; ~ ..... -r.., v AF~CT ?O:t-T~EEATE;i:~ 3~ ~10 YES c.. ...... =~=_~ SPECIES? .................................... Exs~ole t~aC l-lould Apply to Cclu~.n 2 Project would substantially interfere wi~h any r~sident or mlgraCory fish or. wildliFe species. Project recuires the removal of more than lO acres o~ ma~ure forest.,~"z=r*. _ JO0 years ~n a~:):_ or otne~ locally , ~ ~U.~L RESGU~CE .- ,NO ..... T~E P~gJECT ~FrzCT V~F-U$, VISTAS gP. T'HE ¥.~SUAL A :~:je:: oasiS7 visible, not easily screened, that cDviously different f~ others z~und it. ~m]ect will result in the elimination or screening of scenic v~ews or vistas known to be NO ~ yES tl, '~:';..._ rx..~c'.~'"n'~"- [~<2ACT .... v SITE OR STRUC~JRE,OF HISTORIC, rr,_-nlS~r,[C OR PALZOIITCGI~L IMPORTANCES' - ....... 2~jec: cccurinq w~ally or oart~aIly within or :~ any facility or site listed ~ the National Register historic places. 2,~y imp~c: ~o an ar:haological site or fossil bed loc~ed within the projec: site- Ot~er im.p_~c ts: ~" ~ OF NO YES ]2. WiLL THE FROJE~ AFFE~ ~qE CUA~ITITY OR OU~..~ EXISTING OR ~TURE OPE~ SPACES OR RaCR~. IO~,~L OPPOP.~J~IITiES?: ..... Examples ~hat ;foutd Apply to Col:~ 2 ~qe pe~en~ foreclosure of a future rec~tionat oppo~unity. A major r~ucticn of an open sp~cm i~ortant to the co~unity. Other ir..pact~: i3. WiLL T'HSRE SE A:t £?-ZCT TO EXISTt'.'~,S TRA?iS~-SRTATiO~I S'f ST=J,IS? ............................................... Examoles *.hat ~'ou!d Apply ~o Column 2 Alteration of present ~at%er~s of m.o;'emen: 'of ~eeo!e anD~or goods. Project will result, in severe traffic problems. NO S~,~ALL TO POTENT!AL C~;; hMPACT (OOEPJTE LARGE REDUCED BY IMPACT I~.PA. CT PROJECT u~,-~',U,I[T[ESSOURCE$OF E~ER:Y SU??LY? ........................................... GQ E×a~les that ~auld Apply ta Cal~:n 2 P~jecc causing greater than ener~ used in municipali P~jecs requiring the cre~ticn or extension of an energy ' transmission or ss~:ly system ~o se~e more then 50 single or ~.~o family residences. 15. Other impacts: IMPACT Fj,q NOr. SE ~I LL i-r.'ERE BE 02JECTi~,~AgLE QDS2S , NOISE, GLARE, ?Z?-:.TION :~0 YES .... ~,, .- R~ULTOF or ~ECT~I~L O~S~u...~,~C- AS A .. THIS PRCJECT~ .... Examoles that t(ould Apoly t~ Col~ 2 ~lasting ~ithin I,~GO fae~of a hosai~al, sc~ooI ~r other sensitive facility. Odo~ ¥4tl occur ~ucinety ~re than one hour p~r dzy). Project uill ~du'.e operating noise exceeding the local ar.,bienC noise levels for noise outside of st,,-jct:Ires. Project will re..~o'~e naCural barriers that would :-cc '-s a Ocher ir~acts: YES Examples that ~ould Apply to Column 2 Projec: ~411 cause a risk of explosion or release of ~zardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be e ch~nic low level discharge or emission. Project tha:will ~sult in the burial of"hazardous wastes" (i.e. ~oxic, ~eise~ous, highly reactive, radioacsive, irritating, infecs~euS, etc., includinq wasses that ar~ solid, s~:i-solid. liquid or contain gases.) Storace Facilities for o:e million or more gallons :f li:uifled natural gas or oc2er lieuids. Other imoacts: S,%ALL~,.~ POTE:'iT IAL CA~i !::PACT, CE, · '~ O EiLa, TE LARGE R E~O-uUCED 2Y IMPAC¥ ': [,.P,-,CT PROJECT C,.~,~-_. -t WILL PROJECT AFFECT T~E CHarACTER nF THE EXISTI~G i'lO YES Ez.~r~ole %bat ~Yculd ~poly to Col'am..n 2 The c:pulation of t~e City, Town ar Village in which the ~ro~ot is IeczSed is likely res~zen~ hum, an ~pulz~icn. The munioi-~e! budger-s for caoital expenditures or opera- ting sar'ness will increase by more than 5~ per year as a result of :his project'. 'Jill involve any se~anen: Facility of a non-agricultural use in an agrlcultur~! :istric: or re~ove prime agricultural ~ne p~jac: ~ill replace er eliminate existing facilities, st~Jct:res or ~reas of historic impotence to the co.unity. gevele~en~ ~ill induce en in~ux of a pa~icular age S~u~ wit.q special P~joct ..ill set an i::o~nt precedent for future p~jects. Projec: ~ill relocate I5 or more employees in one or more NO ' YES IS ~:c:~c PV3L!C CS:(T~gVE.qSY COXb~.q,,~,G THE PROJECT? .... :-. Ex_,~!~s that ~'ould A~ply to Column 2 Either covernrent or citizens of adjacent co,.~unities _ have ex~r".ssad o~osicion or r~ected the pmj~cs or nave net 5eon c:ncacted. ~¢~-~ the ' f~m wi~qin the co.unity. 0~ .... omc to ~3e~t ~_ - J POTB~T~AL LARc~ IF?ACT OR IF YOU C~];J~OT DE~E~.II~iE ~ [ l~E HAG~;I~UOE OF I[-iPACT, PROC%ED TO PART 3. PORTI0~JS OF FAF CO~iPLr---FED FOP, THIS PROJECT: D E'T E~H 1 :IATIO~t PART I ' PART PART U~cn revim.~ of the (nform,,acion recorded on this EAF (Parts l, 2 an~ 3) and consider!hq bo~h the magnitude and imgor~ance of each imgac:, it is reasonably determined that: A. l-he ~rojec: ~ill resul~ in no major impacts and, therefore, is one which may not cause significant de,age co the environment. 2. ~lshcu~h the eroject could h~ve a significant effect on the env~r~ment, chore will not be a sign~fican~ effect in this casa tecause the mit!~acicn y~as~s descrlbeo in P~RT 3 have been inc!uced as parc-oF the pro2osed ?sjecc. C. The srojecC w~ll result ~n one or more major adverse ~moects thet'ca~noC be reduced ~nd may cause significant d~mage to ~ne enrichment. PREPARE A I;E[i-.ATIVE DEC~,RATtOIt - © PREPARE A NE~T. ~ O~Cbqr~TIO~, · R,. t,r,_ FOSiTIVE DECLAPATi,3~I PROCEED Sicnature of Preoarer (if cifferen: from responsible ~fficer) Signacure cf Responsible Officia) in L Agency Prin~ or -'-De.., na2e of responslbJe offi TOWN OF SOUTHOLD .... ENVIRO~bLENTAL ASSESSbLENT - PAt{T III EVALUATION OF THE IbIPORTANC~ OF' IMPACTS Part. ~ is 7regared if cna or more impact or .of-'=-', _.~ is considered co be potentially large. The ~...~unt of writing necessary to answer Part 3 ma'/ be determined by answering the question: ~n ~riefly c~z~]e~ing ~ke ms~rucz~ens below have f placed ~n tzis record sufficient information to'indicate ~he re~scna~ieness 2f my -c ~..s. ~- the fa]lc:ring for each impact or effect identified in'Column 2 of Pert 2: None l. Brle~y describe the impact. 2. ~es~.~=~ -~'~ (if a~olicabie), how the impact'might be mitigated or reduced to a less than ~eree. i~pact by a pro° jec: change. 3. Eased en the info.rmaticn available, d~_~d_ if it is reasonable to conclude that this impact is important to :be m~nicipality (city, town or village) in ~nicn the project is located. To answer the cues=ion of importznca, consider.' ~'~= probability of the impact or effect occurring The duration of ~he ir.~ac.-- or effect Its irr~_versibility, including permanently loss resources or values Whetker the impact or effect can be cont~Iled The regional consequence of the impac: or effect Its potential divergence fram ]oca! needs and goals ,n ....er known cbjec=ions to the project aFuly to this impact or _f,~.;. An action is considered to be significant if: ; One (or ~ore) '~' ' . ~,..~.~c. is determ, ined r.o both ia~e and its (their) consequence, based on the review above, is ' '~ ~ PART !ii (Continue cn Attach. merits, as needed) MalI'lng~Address: Norman {J~ llOOS ......... . ~ays ~4~-o~,'J 1 Ce~''r St. Eve"~,541-460,1 Mass,_pequa, NY 11758 BROADWATERS COVE' 5B~RINA Contract - Summer Dockage 19~3 l,ength of Boat Width of Beam - , ltoatiNni.qe Owner Name,& Address~la RENTAL FEE IS FOE PERIOD OF APR.'l, through Nov. 734-6323 Please circle which is applicable for your boat. Minimum.to'16~~'- ~ 19' - ~3.40.-00 17' - 320.00 20' - 3.50.00 18' - 330.00 21' 360.00 1 ONLY 22' - ~370.00 23'-- 380.00 24' - 390.00 I hereby acknowledge that the'afdP'~entione~fee is to be paid in the following manne~: DEPOSIT.: - Minimum of 25~ to be received at Broadwaters Cove .Marina by Feb. 15, 1983. ~AL~NCE: -- To be paid in full and received at Broadwaters Cove Marina by 4~15/83. PLKiSE NOTE: Reservations cannot be held unless payment in full .is received by 4/1/83. I clearly understand that the said fee is for a rental charge only and that Broadwaters Cove Marina is NOT RESPONSIBLE for any damage caused by weather, fire, theft, accident or any contingency beyond our control. I also agree-to abide by the following rules and .regulations: NO speed in excess Of 5 ~H in marina or channel no loitering sw~mmlng~ c~fn~ ~l~?ing in marina. No live on boar.,~., Any infringement of the above rules may lead to expulsion from the marina. PLEASE NOTE FURTItER: Dockage after November 1, .bY special permission. Only. ~e are no-6q:~t~_ be ~~ible for inclement weather,, theft , accidents or other contingencies beyond our control. .E$~ 1950 Contract - Length of Width of Owner Name & Please Minimum 18';' - - '. 19' ~:~- .:. 20.~ I hereby the followin re), CUTCHOGUE, L I., N. Y. 11935 with Electricity Days: 433-0010 Evenings: 541-4604 Marina 734-6323 : ..... Mailing Address: '- i984 Norman C. 1 Cedar St., Massapequa, N. Y. 11758 "-':" Registration ~ ~ BoatName gh N~v. 1~ ONLY is applicable ~or your boag. ': 21' - $400.00 ~.~Y~.~ ,. 22' - 4~5.00 - - . - , 23,-- 430.OO '. .......... - .- ).oo.?, .- ie For your convenience gas & oil that.:::'th~ aforementioned fee is to be 'paid in DEPOSIT: - of 25% to be received at Broadwaters Cove na by Feb. 15, 1984. BALANCE: - paid in full and received at Broadwaters ~arina by 4/15/84. PLEASE NOTE:' Reservations cannot be held unless payment in full is receiv~d:byi..~/15/84' ~ ?l~rly~undt~~ that the said fee is for a rental charge only c~s~a~_~~;iCove_~a~na ~s NOT RESPONSIBLE for any damage ~ ~ ~!-~! re, ~nex~, accident or any contigency beyond our control. I also agree roi NO LIVE Any infring~men marina. by the £ollowing rules and regulations: in ~RINA OR no loitering, ng in marina. {he above rules may lead to expulsion'from the PLEASE NOTE ONLY. Dockage a£ter November 1, BY SPECIAL PERMISSION '- Acknowle ~ dgement ~;:.s~f~:~:~5[~:~ ~y;.'.~; t : ~, ~u~:~ ~- ~ T ER CONT NGEN , ~, FrEE ACCIDENTS _ ~ ~. - .~ :t ~:~:~-:~.~.~¢¢ : { . :,~ . . CIES BEYOND OUR ..... The Sale of this Property includes the following: Three hundred and seventy feet (370 ft.) on-- Bay Avenue or Skunk Lane Cutchogue, New York 11935 1. The Marina or Boat-Basin provides slips for dockage of 35 boats, up to 24 ft. 2. Electricity and ,Fresh Water. 3. A ramp to launch, take-out, service, or paint bottom of boats, etco 4. A t,~[ and utility concrete-block storage bui ding with toilet. 5. The sale of gas and oil, consisting of a 575 gal. tank and electric-purelY. :~'~:..Inspected and passed May 29, 2978 by Suffolk County No. P-00854-PO0853. -6. Water front building-lot, (43,500 sq. ft.') for construction of a house and ¢:__ septic-system, no construction within (30 ft.) of line mean high-water. Passed and Approved Novbmber 4, 1974 by New York State Dept. of Environmental Conservation, Stony Brook, New York. 7. Precast 900 gals. SePtic tank, 5 shallow pools already installed, and inspected. ~ Approva date November 3, 1974, Permit No. 450159, Health Service Reference ' No, 4-50-159. - 8. Water Supply tested and approved Oct. 24, 1975, Lot-A-4S0-160 by H-2-M Corporation Water Analytical Service 500 Broad Hallow Water Road Melville, New York 11746 Real Estate Property Tax for 1977-$460.12 Liability Insurance for 3 year policy--S210.00 Est. 1950 BAY AVElqUE (Skunk Lane), CUTCHOGUE, g L, lq. Y. 11935 Secluded Dockage with Electricity Days: 433-0010 Evenings:- 541'-4604 ....... Mailing Address: Norman C. Boos 1 Cedar St., Massapequa, N. Y. 11758 WE ARE NOT TO BE HELD RESPONSIBLE FOR INCLEMENT WEATHER, THEFT, FIRE, ACCIDENTS OR CONTINGENCIES BEYOND OUR CONTROL. Est. 1950 BAY AVENUE (Skunk Lane), CUTCHOGUE, L. I., N. Y. 11935 Secluded Dockage with Electricity Mailing Address: Norman C. Boos Days: 433-0010 Evenings= 541-4S94 Cedar St., Massapequa, N. Y. 11758 WE ARE NOT TO BE HELD RESPONSIBLE FOR INCLEMENT WEATHER, THEFT, FIRE, ACCIDENTS OR OTHER CONTINGENCIES BEYOND OUR CONTROL. ~ERMIT ISSUED TO NEW YOKK. ,'E DEPARTMENT OF ENVIRONMENTAL CONSERVATIO, PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ARTICLE 24, [Freshwater Wetlands) [PERMIT NO, - 1~]83-I 610 ARTICLE 25, (Tidal Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) '- Norman C. Boos ~,DDRESS OF PERMITTEE One Cedar Street, Massapequa, NY 11758 ~OCATION OF ~OJECT (Sectio. of stream, lidal wetland, dam. hoildi~) Northwest corner ot BrOadwater Cove at the Broad~i ~aters Cove Marina located on the south side of Bay Avenue, Cutchogue. ' ~ESCRIPTIONOFPROJECT gonstruct approximately 175 linear feet of 3'6" wide floating catwalk with nine finger piers measuring 3'6" X 16'6" long in accordance with the plans entitled "Broadwater Cove Marina" prepared by Norman C. Boos, received December 21, 1983. ~OMMUNITY NAME (City, Town, Village) I TOWN ~, ~utchogue , Southold Suffolk~OUNTY J FIA C~OMMUNITY N(~. J DAM NO. GENERAL 1. The permittee shall file io the office of the appropriate Regional ~-mil Administrator, a notice of intention to commence work at least 48 c~rs in advance of the time of commencement and shall also notify him ~mptly in writing of the completion of the work.. 2. The permitted work shall be subject to inspection by an anthorized p. resenlative of the Department of Environmental Conservation who may ~Ter the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- ~ted expressly, by the execution of the application, the full legal respan- ~ility for all damages, direct or indirect, of whatever nature, and by whom- ~r suffered, arising out of the project described herein and has agreed to ~emnify and save harmless the State from suits, actions, damages and ~ts of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the'work herein permitled ~ll be removed evenly, without leaving large refuse piles, ridges across the ~ of the waterway or flood plain or deep holes that may have a tendency to ~se injury to navigable channels or to the banks of the waterway. 5. Any material to he deposited or dumped 'under this permit, either in ~ waterway or on shore above high-water mark, shall be deposited or dumped the locality shown on the drawing hereto attached, and, if so prescribed ~,reon, within or behind a good and substantial bulkhead or bulkheads, such wilt prevent escape of the material into the waterway. 6. There shall he' no unreasonable interference with navigation by the r,k herein authorized. ~. That if future operations by the State of New York require an alteralion ~he position of the structure or work herein authorized, or if, in Ihe opinion CONDITIONS JPER/ViIT EXPIRATION DATE March 31, 1985 8. That the State of New York shell in no case oe.liable for any damage or injury to the structure or work herein auth6rized which may he caused by or result from fut'ore operations underlaken by the State for the conservation of improvement of navigation, or for other purposes, and no claim or right compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work~ereby authorized ~s not otherwise provided for by law, such lights and sign,s a's may be scribed by the United States Coast Guard shall be instal~ed.:~nd maintaine~ by and at the expense of the owner. ./" 10. All work carried ou~ under this permit shall ~performed in accor~ dance with established engineering practice and in a V~Orkmanlike manner, 11. If granted under Articles 24 or 25, the Del~tment reserves the r~gh~ to reconsider this approval at any time and afle[/due notice and hearing contin~, rescind or modify this permit in such a~manner as may he found be just and equitable. If upon the expiratibn o.~evoc?iql~..of this permit, modification of the welland hereby authoriz~ has ~ot been completed, the applicant shall, without expense to the Stat~, and to such extent ar~ in such time and manner as the Departmeflt of Envi~nmental. Conservation may require, remove all or any portion of the uncompl~ied structure or fill and restore the site to its former condilion. No claim s~'all be made against lhe State of York on account of any such removal or'alteration. 12. This permit shall not be construed as conveying~to~the appl cant any right to tre~ pass upon the lands or interfere with tl~"riparian rights of others to perform the permitted work or as authorizing 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. 13. The permittee is cesponsible fo[ obtaining any other permits, C 14. If granted under Article 36~ this permit is g~anted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permit the permittee agrees that the permR is contingent upon strict compliance with the sp~ci.al, conditions on the . ~reverse side. ~he Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this ~truclion to the free navigation of said waters or flood.fl'ow~o~.-e~ar,,ge~, ~R~ect .~ health, safety or welfare of the people of the 5late, Or loss or' destroclion ghe natural resources of the State, the owner may be ordered by the Depart- mt to remove or aller the structural work, obstructions, or hazards caused ~reby without expense to the State; and if, upon the expiration or revocation this permit, the structure, fill, excavation, or other modification of the ~:ercourse hereby authorized shall not be completed, the owners shall, .hoot expense to the State, and t.o such extent and in such lime and manner the Department of Environmental C~nservation may require, remove all or portion of the uncompleted structure or fill and restore to its former ~d'ition the navigable and flood capacity of the watercourse. No claim shall made againsl the State of New York on account or-any such removal or . :, - _ (SEE REVERSE SIDE) 16. There ±s to be no dredging, f±lt±ng or bulkhead±~g associated ~h th~s p~o~ect. [7. There ±~ ~o be ~o ~i$~ur~a~ce to ~egeta~±on o~ topography alon~ ~he e×ist±~ $~o~el±ne. SEE ATTACHED CONDITIONS A - J, P [PERMIT iSSUE DATE J PER~IT ADMINISTRATOR /~ _ ,,. ~ JADDRESS Bldg. 40, SUNY--Room 219 ~ January 12,. 1984 I Daniel J. Larkin ~.. ~ ~ /. ~.< J Stony Brook, NY 11794 The following conditions shall apply ~f" checked--as applicable by the .. Regional Permit Administrator: K. All dredging shall be conducted so as to leave a umt~ormbottom elevation free of mounds or holes. All spoil material shall be disposed of either in the Atlantic Ocean or at an approved U.S. Government Dumping Ground~, as directed by the District Engineer, U.S.. Department of the Army, Corps of Engineers. Any spoil material not intended for such water dis- posal shall be removed from the site and disposed of at an approved up]~nM site. .All fill and-spoil-matertml shall he suitably-contained at the work site so as to prevent its eroding, leaching or otherwise entering into-adjacent'wetlands and waterways. Ali peripheral-rip-rap berms, cofferdams, rock revetments, .gahions, bulkheads, etc, shall be completed prior to plaCement of any fill material behind.such structures. .O ..... All repairs- to existing structures shall .be confined: to replacement of-existing struct%tral elements with no c~nge in~.design,~ dtmen~ton~ or materi~]$, unless specifical!y .authorized herein,. X _P~_The'follow!ng Water QualityCertificationsbmll-apply-if'bm~tutred: by one or more agencies of the United States-Government and if '~ . .... --che~e~ as-applicable by the Regional Permtt~Admt~urs-:' -. In-aceordancewith Section 401(~)(1) of the Clean. Wate~.Act--crf'-- 1977 (PL 95-217) the New York State Department of Environmental ._. ....Conservation hereby'certifies that the subject project-proposalwill not contravene effluent /imitations or other l~tat/ons~..standards.. --' -~under-Sections_301, 302, 303, 306 or 307 or the Act. DATE... January 12, 1984 -'~DE~. 10-83-1610 Reglo~o 1 .Per~ ~ ~Aaral~ ~ ..... ' -Division of Regulatory Affairs MfS Depa~Lment-of_.~nvir~o~z,~'~,l .......... Comservation Stony Brook, NY 11794 (516) 751-7900 - .............. .... January l~, 198~ Southold Town Board of Appeals Town Hall Southold, New York 11971 Dear Members of the Board: As residents of Cutchogue and customers for the past two years of the Broadwaters Cove Marina we would like to add our whole-hearted support to Mr. Boos' application for the e.xpansion of his facilities. We suspect that the major issues, pro and con, have been voiced by this point but hope that some of our personal experiences and observations may help shed a positive light on the question. 1. Availability of slip space at the marina, the only such facility for several miles in either direction, was the determining factor in our decision to recommission our power boat after five years in storage as we were beyond the stage where we wanted to be concerned about an unattended boat moored in ~he Bay. Boat expenditures, as is well documented, are considerable and in our case have resulted in nearly $3,000 in revenues to local canvas makers, mechanics, boat movers, marine supply stores, gas docks,, and insurance agents mn two years. In short, pleasure boating is good business for the Southotd Town economy. 2. We have frequently remarked that even on prLme weekends the marina is surprisingly full of unused boats and noticeably void of signs of ~ ..... ~+~r 3. We do not own an automobile and seem to be only one of many boaters dropped off at the marina with the land chauffeur then driving off for points unknown. This pattern is most common with Mr. Boos' teenaged client-navigators which age group seems to be the majority in Cutchogue's boating population. -2- Parking is, in our opinion, a non-issue. We recall only once last summer when the area along the road seemed to be filled to capacity although it appeared that one could have then easily found space in the parking area closer to Y~. Boos' house. 4. The marina is a neighborhood facility and its pattern of usage differs from some of the larger commercial facilities in the area. It appears that most boat owners have residences locally which serve as the focal ooints for weekend social gatherings and entertaining rather than the dockside entertaining which is more common with the owners of large craft at some of the marinas which accomodate those sorts of boats, again suggesting that conventional parking capacity standards do not apply. 5. We have never seen evidence that anyone is living aboard ~a boat, except for Norman himself. Most of the boats are simply too small. It is unusual, in fact, for anyone to linger any longer than is neoessary to handle the details of getting underway or closing up the boat. All of us need to be concerned with the over- development of the North Fork and we favor the careful rev!ew of proposals such as this. It is important that in this issue the nature of the marina's use patterns be carefully examined. It is not a conventional heavy use facility. Norman has developed a facility which is aesthetically pleasing, properly maintained, well managed, and an asset to the community. In our opinion the addition of i8 more slips will not degrade the area by resu]ling in a congested facility. We strongly recommend your approval of the proposed expansion. Our fellow boaters need dock space. S~n~rely,~ ~. ~ __ . /Mathleen ~urnside Kilbride David W. Kilbride To Whom It May Concerm: January 16,1984 I am a resident of Nassau Point, have been for eight years, and also a tenant of Broadwaters Cove for the past two years. In the years that I have been passing the marina on my way to and from home, I have observed and commented about how Mr. Boos has been constantly improving the appearance of the grounds and the structure of the marina. As a tenant I can honestly state that the grounds are maintained meticulously and his parking facilities are excellent. It is for the above reasons that I decided to dock my boat at Mr. Boos' marina and with God's help, hope to continue to enjoy his facilities. Sincerely, Harold Winters January 13, 1984 Southhold Town Board of Appeals Main Road Southhold, NY 11971 Gentlemen: We have a residence on Sterling Road, Cutchogue, located just around the corner (about a4-5 minute walk) from the Broadwaters Cove Marina on Skunk~Lane, (Bay Avenue), Cutchogue. It' has come to our attention that the Owners and operators of the Marina, Mr. and Mrs.'Norman Boosj want to make better use of their Marina property by adding some slips to the existing location. It is surprising to learn that their attempts to improve the area and provide expanded and better service and docking facilities are meeting with resistance from some of the other local residents. We have enjoyed our home in Cutchogue for nearly two years and have had the pleasure of docking our small boat in the Broadwaters Cove Marina for the past two summers and it is our intention to continue. It was not too difficult to learn that the original marina was in disrepair and not in keeping with the fine area. Since Mr. and Mrs. Boos have taken over the marina a few years back, many, many improvements have been made and maintained~ The general housekeeping is impeccable, and the arrangements they have made for pa~king has ensured that everyone who needsto park their - car at the marina can be done off the main street, Skunk Lane. (Previously, cars would have to be loaded/unloaded and parked directly on the road.) Anyway, our experience during the past two summers has been nothing but excellent. Even on the busiest of days, we have always been able to easily ~nd a parking space (if we'didn't walk - as many of the marina users do). There has always been adequate facilities for refuse and all the people (of all ages) have always been considerate and helped police the area to keep up the standards that.Mr, and Mrs. Boos have established. Interestingly enough, Mr. and Mrs. Boos have thought so much of the area and their marina that they have been building (themselves) a fine residence on the immediately adjacent lot to the marina and I understand that it will be finished and they will be able to move in within the next couple of months. I am certain that the Board will take all facts into consideration when making a final decision but also trust that due consideration is given to Mr. and Mrs. Boos' request and the increase in revenue that they may be able to realize, however slight - for whatever increased number of slips eventually allowed. Full time supervision right on the premises is an advantage that, in most cases, is immeasureable. Southhold Town Board of Appeals Page 2 January Z3, 1984 In short, we feel that, being residents of the area, having Broadwaters Cove Marina in our neiqhborhood, with its fine standards and facilities, is a definite asset, and that the moderate expansion plans will also prove to be an invaluable asset. My wife, Beverly, and I would be happy to discuss this further and please feel free to call me at work if you so desire (516 - 944-3500). Very truly yours, Basil A. Santini BCC: Mr. and Mrs. Norman Boos c/o Broadwaters Cove HENRY E. RAYNOR, Jr., Cha/rman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F, MULLEN, Jr. 8outhold, N.Y, 11971 January 11, 1984 TELEPHONE 765- 1938 Southold Town Trustrees Henry Smith Chairman Southold Town Hall Southold, New York, 11971 Dear Mro Smith: Enclosed herewith is a petition received by this board from Mr. Angelo G. Petrucci with pertinant correspondence pertaining to an application before your board. In light of the fom~oing resloutions and meetings that have transpired before your board, as well as, conditions with regard to parking placed on the property; we hope you will find this information of some use. dms Enclosure Hen~!y E. ~ynor,~Jr., C~airman Southold Town Planning Board We, t!~e undersiqaed, J~mes Reaie, Michelena Reate, f~gelo Petrucci, G~o.rgethe Per,cci live on ~y Avep~ae (Skin"~ ~%e), Cutch~ae dir~tly across ~he road fr~ B~a~aner cove ~rina ~ed by No~ C. B~s. ~ ~ .~,s nees Nor~ C. ~cos has applied ~ ~'~e ~ ' to ~nsn~ct a fl~ting Bz~a~wa~r Cove ca~t.k w~mn r~ne fLngers for eighteen ~re ~ats in the ~m= will obst~ct free navigation ~d ~ ve~, hazardous ~rina cP~el. ~' "~ to ~e ~ri~'s p~vigation. ~t us not lose sight of ~e fact ~qat ~is ~r~a zs in a residential area ~d is a nonconforming zoned piece of p~Y (non zon~ for business) · We feel a~ ~is t~ae e~t t~ marina is o~rating at ].~ full capacity of ~irty five ~a~ as ~e ~uthoid T~ ~ard of B~ats letter dated J~e !, 1978 s~tes ~nd 5~. ~s was well aw~e of wb~t he ~ught. ~e ad~tional f~gers or slips increasing ~e ~n of boa~s s~red in ~is m~i~ %~%~1d congest ~d vgould add addition! traffic ~ ~ al~ady busy, p~rr~; road ~d ~h.e only ~ad lea~ng in ~nd out of Nassau Point~ creat~g nozse ~d ~bish on the ~d. ~re is no ~rking area for eigh~en ~re ~ts except on ~e ~.d not %o ~n%ion ~e depreciation of ~e real es~te p~ies i~ o~ area. ~u cr~s a WAen launc~ng hoa~ ~ ~ ~affic ~ck ~p ~d is a hazzard ~cause ~ats ~ing la~ched ne~ ~he c~le'~ wid~l of ~y Avenue ~e). The incr~se in ~a~ stor~ mn d]is dead e~ ~r~a wi~h ~eopte sl~p~-g on ~d ~e~ight ca,inly bas ~ c~ate p~biams on water ~liution ~d %%e envi~D~nt. We b.o~ ~e Pl~m. ing ~ard, ~ard of .~als, Building ~part~nt T~st~S will ~e hhese ~e facts ~der ~nsideration ~en m~King ~d~eir d~isions. We ~u!d appreciate your notifying us whenever hhis mater c~es ~fore ~e Soul, old ~ ~rd o~ ~mais so ~t we c~n ex~ress our ~b. ion on ~.is matter at those Sou ~?~ Id Sou';Jno t d Building Bui 1 ding Building Building Southold Town Supervisor Francls J. ~arphy Town Attorney P, oh~-rt W. Tasker T~ Clerk Ju~.th T. Ter~, ~pt. ~<e~ve A~nistra~r Victor Z~ssara Inspector c~e Fisher Inspector O.~r~s Horton Ins~c~r ~wa~ HLnde~ T~ Pl~l~in~ ~ard Chai~ Hen~' Ra~or ~ M~rs Scutb. otd '_,'Do~,,,~, Ap~eals E~Dard Chai~am~n C~rard (~e~'inger & ym~vL~ers ~u~]old %~ T~stces Chai~m~ & H~rs Presider Nassau Point Association President Nassau Fa.~ ~s~iat~.on President B~L~ater Cc;ye ~scciaki.on TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2914 Application Dated July 27, 1982 for a Rehearing TO: Stephen F. Griffing, Jr., Esq. (For Norman C. Boos) 120 Court Street, P.O. Box 982 Riverhead, NY 11901 [Appellant (s) ] At a Meeting of the Zoninq Board of Appeals held on September 16, 1982 the above appeal was considered, and the action indica~e---~-~below was na~en on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article Iii , Section 100-31 Article V, Section 100-51 [ ] Request for The Public Rehearing in this matter was held on August 17, i982. Rehearing in the Matter of the Applicatio~ for NO~AN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permlsslon to reduce land area for existing marina by dividing premises into two parcels, one as a marina and one for residential use, each having insufficient upland area. Location of Properny: South side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brick!ey; south by Gross; east by Hochbaum; more particularly identified as Suffolk County Tax Map Dis- trict 1000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to revzew its original decision in this Appeal. This matter was reheard at a regular meeting of this board held on August 17, 1982. At such rehearing, appellant oresented new. and further evidence, all of which is set forth in tlle minu~ 'of Said rehearing. Based upon such new evidence, this board finds that strict compli- ance with the zoning code would result in practical difficulties and, accordingly, grants the variance SUBJECT, HOWEVER, TO.THE FOLLOWING CONDITIONS, to wit: '~'~~l'That the permiSS~0n-"--- granted herein is. on~ · for the constructio..~ of one private one-family dwelling on the premi~-~ (comprising 117,871 square feet of which 47,364 square feet are under waner), it being speci-, fically understood that the marina located on the premises shall never be considered a separate parcel of property, and the entire premises shall remain in one ownership, fin effect, this property shall not be permitted to be subdivided with the existing uses.] 2. That a parking plan with a minimum of forty-three (43) parking spaces f~-the marina use shall be submitted ~o and approved by the --- Planning £oard. 3. That the new dwelling proposed no be constructed by the appellant shall be located on the premises a~ indicated on the map ennitled, "Broadwaters Cove Marina," initialed by the Chairman on August 17, 1982; and than the consnrucnion of said dwelling shall com- ply in all respects with all laws and rules and regulations applicable thereno. (CONTINUED ON PAGE TWO) DATED: September 17, 1982. CHAIRM~AN, SOUTHOLD TOWN ZONING BOARD OF APPEALS .Form ZB4 (rev. 12/81) E]UTHOLD, L. I., N. Y. APPEALS BOARD MEMBERS ~qOBERT W. GILLISPIE, JR., CHAIRMAN ROBERT BERGEN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TELEPHONE 7~1~.~ 1802 June 1, 1978 Norman C. Boos Bought Mr. Angelo Petrucci Marina August 23, 1978 Mr. Angelo G. Petrucci Bay Avenue Cutchogue, New York 11935 Dear Mr. Petrucci: As you know, your business on the south side of Bay Avenue, Cutchogue, New York, is classified as a non-conforminq marina or bo~t basin. According to our ~resent zonin3 ordinance, ~non-~'nf~-~i~.~ is any ~-'~-~'-'~-e~-~-~-~O~f~~' trac~ ~ Y~-~ ~ both, exist~ ~ t~e effective date of the zoning ordinance, which does not conform to the use regulations of the district in which it is located. The definition of a marina is any premises containing one (1) or more piers, wharves, docks, moorings, bulkheads, buildings, slips, basins or lands under water, designed, used or intended to be used primarily for the docking or mooring of boats, for or without compensation. Using your letter of May 17, 1978, and the above definitions'as a guide, it seems to us that~_~our non-conforminq marina includes the following: T~F~easonal-op~r~l~~-S'-~ps~'~or not more than thirtylfive (35) non-commercial boats not more than 24 feet ~~6~ ~ervlces ~ ow~ ~ ~a-~-~ ~ oil and gasoline are also permitted. We think that this service barge is an integral part of your marina operation and may be stored on your property when not in use. You are not permitted to store boats, build boats or conduct the retail ~~a~ on your prem~s. Hopefully, this clearly defines all permitted uses for your property. If there are any other questions, please bring them to our attention. RWG:bcc CC: Mr. Charles Grigonis Mr. Edward F. Hinderman ~..,very ~ly, OBERT W. G-L CHAIRMAN Page 2 - Appeal No. 2914 Rehearing: Norman C. Boos Decision Rendered September 16, 1982 Location of Property: South side of Bay Avenue, Cutchogue, NY; more particularly identified as Suffolk County Tax Map No. 1000-104- 8-2.1. ¥ote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Absent was: Member Doyen (Fishers Island). This resolution was unanimously adopted. RECEIVED AND FILED BY APPROVED. --- ChaJrm~n Board of Appeals $outhold Town Board of Appeals MAIN ROAD- STATE ~OAD 25 SEILIThO1D, I_.i.. N.¥, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2914 Application Dated July 27, 1982 for a Rehearing TO: Stephen F. Griffing, Jr., Esq. (For Norman C. Boos) 120 court Street, P.O. Box 982 Riverhead, NY 11901 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals~held on September 16, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article Iii , Section 100-31 Article V, Section 100-51 [ ] Request for The Public Rehearing in this matter was held on August 17, !982% Rehearing in the Matter of the Application for NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. r for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels, one as a marina and one' for residential use, each having insufficient upland area. Location of Property: South side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; eas~ by Hochbaum; more particularly identified as Suffolk County Tax Map Dis- trict 1000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review its original decision in this Appeal. This matter was reheard at a regular meeting of this board held on August 17, 1982. At such rehearing, appellant p~e~ent~d new and further evidence, all of which is set forth in the minutes of said r~hearing. Based upon such new evidence, this board finds that strict compli- ance with the zon!ng code would result in practical difficulties and, accordingly, gran~s the variance SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS, to wit: ~-~ ~~ 'l.~That the permissions__ _----~~~_~.granted herein is on!~y f~? ~~.~,'"' /of one private one-family~~~~~~~ 7~.~_~/~._1 square ~~~ under ~~cm-i. ficaily understood that the marina located on the premises shall never be considered a separate parcel of property, and the entire premises shall remain in one ownership. [In effect, this property shall not be permitted to be subdivided with the existing uses.] 2. That a parking plan with a minimum of forty-three (43) parking spaces fo~~e s~~tt~e t--o Planning Board. 3. That the new dwelling proposed to be constructed by the appellant shall be located on the premises as indicated on the map entitled~ "Broadwaters Cove Marina," initialed by the Chairff, an on August 17, 1982; and that the construction of said dwelling shall com- ply in all respects with all laws and rules and regulations applicable thereto. (CONTINUED ON PAGE TWO) DATED: September 17, 1982. CHAIrmAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI ,£ Southold Town Board c Appeals MAIN RI3AD- -~ITATE RI3AD 25 snIITHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 11, 1984 Mr. Norman C. Boos One Cedar Street Massapequa, NY 11758 Re: Appeal No. 3201 Variance to Expand Marina Facilities Dear Mr. Boos: At a Special Meeting of the Zoning Board of Appeals held last evening, January 10th, the board declared itself lead agency pursuant to the N.Y.S. Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Town Code, and classified your proposed project as an unlisted action which may have a significant adverse effect upon the environment for the reasons listed in the attached Declaration. Pursuant to the above, it is requested that a Long Environ- mental Assessment Form, which is attached, be completed by you and filed with our office as early as possible. Please don't hesitate to call our office if you have any questions. Yours very truly, Enclosures cc: Building Depar~m~ Town Trustees ~'~ Planning Board Supervisor F.J. Murphy GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold 'Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L,I,, N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Appeal No. NOTICE OF DECLARATION PURSUANT TO N.Y.'S. ENVIRONMENTAL QUALITY REVIEW'ACT 3201 Application of: NORMAN ~. BOOS Location of Subject Property: 8000 Skunk Lane (Bay Avenue), Cutchogue. County Tax Map Parcel District 1000, Section 104,Block 08, Lot 2.1, 2.3, 2.4, 2.5. Project Proposed: TO expand marina dockage facilities for 18 boats. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.7 of the N.Y.S. Department of Environ- mental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Sguthol~d Town Code, and in ~'rder to commence the processing of the SEQRA procedures, the Board of Appeals of the TOWn of Southol~d at this time declares itself lead agency in this proposed project and hereby classifies the same as an UnliSted Action which may have a signifiDant adverse effect upon the environ- ment for the following reasons: 1. Information ~as not been submitted indicating the type of sewage systems available, if any, for those boats having sleeping, kitchen, or other facilities, which may cause pollution into the waterway; 2. Information has not been available indicating the type of maneuvering for those boats to be navigating to and from each docking facility, which may disturb the wetlands area along the edge of this subject area. It is hereby requested that the applicant and/or his agent furnish our department with a completed Long Environmental Assessment Form. This declaration should not be considered a~determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject Z.B.A. application. Dated: January 10, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS - GERARD P. GOEHRINGER, CHAIRMAN For additional information, please contact: Linda KowalSki, Secretary and Clerk for the Board of Appeals at 765-1809 (or 180~). CORRESPONDENCE: Appeal No. 2914 - N')RMAN C. BOOS. Correspondence was recoived November 3~ 1983 from the o[[~'~[~'-~7~he ~own Clerk requesting an 9pinion f~om this board as to ~'hether Mr. Bo3s should De p.~rmitted t'o construct:_ - additional f~.~ating~ r ' catwalk to accommodate 18 addition sinai2 boons without ad,~zticnal' ':' ' applications ~o the The ~ ooard members confirmed and acqumesced with the Chairman's reply to the ~o' o -, x ~wn ~lerK dated Noven'~3er 7, 1983, indicating that an expansion of this no~conforming mar2na ~o accommodate more than 25 boats wout[~ require additional Z.B~A. approvals, however, such proposals should be referred to the Bui2ding Department for their Trustees Agenda Theee will be a regular meeting of the Board of Town Trustees at 7 p.m., Tuesday lleceraber 13, 198.3, at the Town Fkatl, Main Ro~, Southold. ~e fol~owL~g ite~ wil~ be r~'iew~: Michael Carluc~- To a b~k~ead and d~k in ~nkt~g Point Creek, Gr~npm~. Mkhael C~iu<L Refen-~ from the Town B~rd of We~aad ap- plication gl70 to eo~g a P~int Creel N~an C. ~ T~ a fl~fing catw~ w~ Braadwate~ Cave Manna, Cut- t~ T~n B~rd. A~licafion ~1~ to ~ a floating catwalk with Broadwate~ Cove ~r~a, Cut- Tuesday night, thal matter is very at issue DEC.,t$' IqR-% 5Ir. Boos is asking to increase the capacity of kis marina from 37 ~ 55 slips~ ~9 said the expanston is necessary keeD his o~eration financially v~b~e~ and to m~t increased demand. Al[h~ugn op~ments o~ the ez~nsion were so plcn[ifu~ tha~ ?rustee presidem burgh was k;rced to ask ether s~ctators m wail ~n ~he haH. the opp~]t~n was not u~dver~l. None other ~han North Fork ~~nci~r~;aent Ruth 'q agree it should g~ to the ZBA first." ;l;e said "bu~ we des~rateiy need more marina space It's a Del{er wa ' to control Mr~ Oliva'~ opinion was shared by, oi~Cl'S a~ t~O mee!ing, }nciadh;g Trustee John Bednoski Jr.. who said: "I dcn'~ see haw i~ would doany harm. t ihink we are fm';u::a;e that Mr. Boos is willing ~o do this Fbi~ (expansion; m n~ded ~o bring d~,lja;',:)n~o ig marina to pay the bills. [~el M, Boos certainly is entided to this. "Snmetimes the ~pular decision :dways uae best decision" Mr Bednoski concluded. Trus~ Frank Kujawski, although stepping shoo of endowing the projeeL said ~e m mmware of any significam environmentai problems with it },'~,i: Charge Mare Mcmey OpEra;outs o~ me ex~ion sa~estea, amona other tNngs, that ~ir. B~s raise dock~n~ fees instead of incmas;ng the number ol shps. They cit~ D~lu~ien from ~ats e~ently using the mm~na, and expresst~ concern about future expanmon. Once the B~s application was tabled, - s We, ~-he mndersigned~ Jam,~s R~ale~ Michelena Rea!e, Angelo Petracci, £~eorgette Pet~acci live on ~y Aveo. ue (S]~o~ L~ne), Cutck~ae directly across ~e ~ad f~ B~a~ater Cove ~rina ~.~ed by No~ C. ~s. No~ C~S has applied ~ Eo~e Tr~t~s ~ ~nstL~ a floating ca~.~ik wi~ ~ne fingers for eight~] ~re ~ts ~ ~Se B~r C~ ~rJ~ cl'~m, el. R~is w~.ll obstruct fr~ ~vigation ~ ~ very hazardous to ~ m~rina ' s ~vigahion. ~t us not io~ sight of ~e fact ~%at ~s ~r~a is ~n a residential ~ea ~d is a non~nfo~ng zon~ piece of pro. thy (not zon~ for bus,ness) We f~l at ~s ~me ~% t~ ~JJla is o~rat~lg at i~ full capaci~ of ~Jrty five ~ as ~e ~a~nold T~ ~ of Ap~als let~r dated J~e !~ 1978 s~s ~nd ~ ~s ~ well aware of ~at he ~ought. ~%~onal f~ngers or simps ~ncre~g ~e ~'~nt of ~a~ s~d ~ ~is ~L~ %~ld ~n~st ~ ~ld add a~itio~l traffic ~n ~ ai~ady b~y~ ~ ~ad ~nd ~mhe only road lead~g in ~nd out of Nass~ ~nt~ creat~g noise ~nd m~bish on the z~ad. ~ere is no ~rking area for eigh~en ~re ~a~ ~/~pt on ~e ~d not to ~n~on ~e ~preciation of ~ r~! es~se pL~3~ies in ~ ~ea. ~ la~ncP~ng ~a~ it crea~s a ~affic ~ck up ~ is a b~zz~d ~ause ~ ~ing !amnched n~d ~e c~le~ wJ.d~ of Bay Avenue ~e). %~.e ~cr~se ~ ~a~ s~or~d in ~is dead er~ marh~ wi~h ~pte si~p~g on ~ard ~e~ight ce~ainly ~s ~ crea~ probl~s on water ~l!ution ~d ~e emvi~r~t. we ho~ ~e Pl~ng ~r~ ~ard of D~o~eals, Build~]g ~par~nent T~stees will ~e ~]ese ~ve fac~ under ~nsid~ration v~%en ~ing their d~isions. We wcmlld appreciate your notifyLng us ~&-~,~ne~_r this m~.tter o~s before the Sour_hold To~m Board of >~.[eals so ~mt-we c~n ex-press our opmn~on on this mater at ~hose r~t~gs. CC: S~mt~otd $outi~yoid Scutho!d Building Bui 1 ~ting Building ~ild~ng Sou~hold Sout3~otd Tc%~m A~.u~?eals ~ard Chai~m~3a C~rard Goehringer & b!embers Scut/~old Town Trustees Chairman & M~T~ers President Nassau Point kssociation President Nassau Faz~s Association President Broaa%w. ater Cove ~%ssociation MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L,I,, N,Y, TELEPHONE ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 29]_4 AppliCation 'Dated July 27, 1982 for a Rehearing TO: Stephen F. Griffing, Jr., Esq. (For Norman C. Boos) 120 Court Street, P.O. Box 982 Riverhead~ NY 11901 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals'held on September 16____,__1982 ' the above appeal was considered, and 'the action indic-a-~'~d'betow was ~-~Ken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law~ Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article ~ Section Request for Variance to the Zoning Ordinance Article IIi , Section 100-31 Article V, Section 100-51 [ ] Request for The Public Rehearing in this matter was held on A~gust 17, 1982. Rehearing in the Matter of the Applicatio~ for NORM~ C. BOOS, One. Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing premises into two parcels~ one as a marina and residential use, each having insufficient upland area. Location of Property: South side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue~ west by Brickley~ south by Gross; east by Hochba~l; more particularly identified as Suffolk County Tax Map Dis- trict 1000~ Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review its original decision in this Appeal. This matter was reheard at a regular meeting of this board held on August 17, 1982. At such rehearing, appellant presented new and further evidence, all of which is set forth in the minUt~ ~of "said r~hearing. Based upon such new evidence~ .this board finds that strict compli- ance with the zoning code would result in practical difficulties and, accordingly, grants the variance SUBJECT, HOWEVER, TO .THE FOLLOWING CONDITIONS~ to wit: .... .... 1. That the permission granted herein is only for the construc~mon~. of one private one,family dwelling on the premises (comprising i17~871 square feet of which 47,364 square feet are under water)~ it being spec~- fmc~y understood that the marina located on the premises shall never be considered a separate parcel of property~ and the entire premises shall remain in one owne snmp. [In effect, this property shall not be permitted to be subdivided with the existing uses.] 2. That a parking plan with a minimum of forty-three (43) parking spaces fo~--~he marina use shall be submitted ~ ~nd~o~d b~-~he ..... Planning Board. 3. That the new dwelling proposed to be constructed by the appellant shall be located on the premises as indicated on the map entitled~ 'Broadwaters Cove Marina," initialed by the Chairman on August !7~ !982; and that the construction of said dwelling shall com- ply in all respects with all laws and rules and regulations applicable thereto~ (CONTINUED ON PAGE TWO) DATED: September 17, 1982. CHAIRMAN~ SOUTHOLD TOW~ ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 2914 Rehearing: Norman C. Boos Decision Rendered September 16, 1982 Location of Property: South side of Bay Avenue, Cutchogue, NY; more particularly identified as Suffolk County Tax Map No. 1000-104- Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass arid Sawicki. Absent was: Member Doyen (Fishers Island). This resolution was unanimously adopted. Clerk~ Town Joan Langemyr 64 Oak Drive Broad Waters Cove Cutchogue, New York January 4, 1984 11935 Mr. Paul Stoutenburg, President Board of Town Turstees Town Hall Main Road Southold, New York 11971 Re: Application of Norman C. Boos, 10/28/83 Dear Mr. Stoutenburgh, I, like many of the Broad Waters Cove residents, oppose the application of Mr. Boos which wassubmitted on October 28, 1983. A letter from the previous owner, Angelo Petrucci, that was sub- mitred to the Southo!d Town Board, clearly explains the number of boats that can be moored in this marina. I cannot see why the board should change their decision now to please Mr. Boos. If he is having financial difficulties, his problem should not be the problem of the residents surrounding the marina. During the time Mr. Boos was dredging, we called the Environmental Department and the dredging ceased for a period of t~me. Shortly, thereafter,~ dredging began again. Could this be the result of some[political ~maneuverimg? The noise we were subject to at that time was very~sturbing. ~ I do hope you will give every consideration to the denial of Mr. Boos application in view of the over-whelming negative viewpoint of the local residents. Wishing you a Happy New Year. Sincerely, ~ Joan Langemyr, Presi Broad Waters Cove Association 58 Haywaters Drive. Post Office Box 617 Cutchogue, New York~,t-t935 December 30, 1983 Mr. Paul Stoutenburgh, President Board of Town Trustees Town Hall Main Road Southold, New York 11971 Re: Application of Norman C. Boos~ 10/28/83 Dear ~. Stoutenburgh: When I first decided to write this letter I began to mentally compile a list of reasons why the permit sought by Mr. Boos should not be granted. It occurred to me, however, that no list of reasons ought to be required, nor should there be required a long list of interested persons opposed to the granting of the permit. Ail that should be required is this statement: I, as an individual with a demonstrable interest in the area, do not want the permit to be granted. The June 1, 1978, letter of the Southold Town Board of Appeals to Mr. Angelo Petrucci very clearly defines the limits within which the marina property is to be operated. The statement by the Board was made not only to Mr. Petrucci but to the interested public, and presumably it represents a certain commit- ment on the part of the Board. Mr. Boos now seeks to expand the use of the property beyond the indicated limits for his personal profit and at the expense of an impact upon the area and the comunity. I seek, by urgently requesting that the application be denied, to maintain undiminished that store of environmental qualities which led me topurchase a home in the area. It would seem appropriate for Southold to again be first, this time in deciding that the existing relative quiet and solitude which make the North Fork so unique, and which are of great value to at least a single resident, are no less important to the community as a whole than the aggrandizement of another single resident through further concessions which impinge in any degree upon that quiet and solitude. Yours truly, cc Mr. Victor Lessard, Building Department Mrs. Joan Langemyr, Broadwaters Cove Association BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 December 15, 1983 TELEPHONE (516) 765-1892 Mr. Victor Lessard Executive Administrator Building Department Town Hall Main Road Southold, New York 11971 Dear Victor: Attached hereto is the application of Norman C. Boos for a Trustee Permit. The Board of Trustees feel that they do not want to consider this application until it has passed through your department granting or denying his request. Very truly yours, Board of Town Trustees Paul Stoutenburgh President PS:ip Attachments cc: Mr. Boos ~ Mrs. Joan M. Langemyr/ ALL DOCKS AND BULK- HEADS MUST DISPLAY- .... VISIBLE PERMIT NUMBERS. ALL MOORINGS AND STAKES MUST DISPLAY VISIBLE MOORING NUMBERS. BOARD OF TOWN TRUSTEES TOWN..:OF SOUTHOLD Main Road Southold, New York 11971 Telephone (516=765-1892) PI1 NOTICE OF ACTION - NOT A PERMI',T Mr. Norman C. Boos 1. Your application, dated ...... 1.0./.2.8./.8..3 ................... has been reviewed by this Board, at a meeting of the Trustees held on .... -~/.13~3 ................. and resulting in the action, as indicated below: ( ..... ) Application approved. --_ _ ( ..... ] Application denied. (..X.X.X.) Application tabled. 2. Comments and remarks: Application tabled until the trustees hear from the Building Department and the Board of Appeals with respect to your application for construction of 175 lin. ft. of floating walk with nine fingers each approximately 16' long to accomodate additional dockage for 18 small boats. If your application is approved above, a Permit Fee is now due, and should be made payable to the order of the Board of Southold Town Trustees. This fee is computed below according to the Schedule of Rates as set forth in the Instruction Sheet (Form I/1). This fee must be paid within 90 days or reapplication and additional fee will be necessary. If the Permit Fee is paid in person to the Clerk of the Board, the Permit will be obtainable at the same time. If the fee is paid by mail, the Permit will be mailed in reply. 4. Computation of Permit Fee: Total Fee for this application ............................. $ .................. President, Board of~$outhold Town Trustees By Clerk, Board of S~ut~h61d Town '~bustees 'NA;-b~ O? C?~ZX Bro~,~,Water Co%e ALL .~,~CKS AND BULKHEADS MUST -- :'-- DISPLAY VISIBLE PERMIT NUMBERS · ,3Iain Road ow' · APPLICATtO~N FOR ~tXED and/or FLO&TL%G DOCKS I. Applicant% name and address: .... 1 0e~ar St., }lassapequa, NY 117~8 ............................................................... .......................................................... - m_e~. D41-4604 Bus 349-0010 2. Contractor's nome and address: ............... ~.~.~ ........................................................... ]~l..]~ ..... 3. Briefly explain the purgese of this application: Construct a~roxSmate]X - 10' long go aeeomodage addigional dockage for 18 small boa~ A_~ issuance of a Permzt, work must be co~p!eted within one year. 5. Secure the correct Area MaD from the C! .... of this Board, and by usinc a/X WITHIN , ~:¢ LARGE A C~RC_: ;nd~cc:e us ctcselv as ~cssib~e the ~ocadcn cf this dock. On the reverse s'de o~ th~s mop, pray,de a SCALE DRAWING which will show Ordinery High W3t~ Merk, the end size of the dock and any sucplemental ~itings which crc needed ro ho[d a f,~r'"~ n~ ~ocm' ' or tie-ua n boat. Give a{t dimensions nece~sarv to d-t_,mm._~ ~- ' ~ the area cf the door: ~.,- 9Z-~z~u E%TENDS OFFSH09~ from the O. H. W. M. Z~ ad]acen~ prope~y owners have'- docks, specify location and lenazh to scale. 6. ~ll an~ port,,on ~r th~s, consrr~chon exrsnd offshore into Town ~,'Vcr~-s b~ and c ' .ne or oouna~m/ ~crmec bv mher si~n~- --- - , _ .-. , -Y . n If it doas exte~m h ..... ~ ;b._ _ ,,/,,,,~,, ~,;u.C[ures along the areo's snoreiin,-; ycc . u ~ ~O _od~a O~F. hne md~cc~e cy how tar, cpnraximat,~- 7. Provide the following documents: (a) A L[cunsud Engineer's Survey oF the prope~y involved. (b) A CODy of the Contrcczar's Plans cnd Specifications. c Short ~ , '~ ~d~ [~g~._ ~n~-°gcenr~l Assesmnent ~arm M k or fha Drcdqmd or any mater.al from Town Lan Form A/-, (Acohcat.on for Oredqn~/Fill;n ...... ~ ...... , ...... 7 ~lt .t ~es, application. ~ ~ ' = ..... ~, ,,= ~u,,,~,ut~.a =nc a.:ccnea as parr oi this 9. In requesrmg coorovol of this cp,)lie.arian, I submd' that: the ~nfcrn ~tlon presented harem is true cnd correct to th.: best cf my kno;,;lecg~ and belief; Icm the pe-=cn :ccc'..'r, rzaie for thc performance of h,e worx in ccc~rdonce involved; and further, J intone rD a~hcre to one az)ida by the Terms and Conditions o~ the Permit. %~men and if issued rD me. ' 10. TO expedite finding specific location for inspection, indicat= INSTRUCTIONS: TOWN OF SOUTHOLD SHORT ENVIRON~fE'NTA,E ASSESSktENT FORtJ (a) In order to answer the-questions in this short EAF it is aSSume that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it i-s likely {hat this project is not significant. (dj En--~-ronmental AssesSment '==:' "- ~. Will project result in a large physical change .. to the project site or physically alter more than 10 acres of land? ........................ Yes X~No 2. Will there be a major change {o any unique or - -unusual land form found on the site? ...... ;... Yes ~(No 3. Will projec{ alter or have a large effect on -- existing body of water9 ~N ........................ Y~s o 4. Will project have a potentially large impact ' on groubdwatdr quality? Yes.rNa 5. Will project significantly effect drainage ' - - . flow on adjacent sites? ........ % ........ Yes KNo ~. Will project affect any threatened or ' endangered plant or animal species? ........... Yes~No 7. Will project result in o major adverse effect" on air quality? ~N ............................... Yes 0 8. Will.project. have a major effect on visual character of the community or scenic views or vistas known to be important to the community? -. Yes~.No ?. Will project adversely impact any site or ' Itructur'e of historic, prehistoric or paleontological importance or any site designated os o critical environmentdl o'reo by a local agency? ..... . ....... ~'~..--~.v-.~-.~.~ Ye~_~No i0. Will project have a bajor effect on existing or future recreational opportunities? ......... Yes~No 11. Will project result in major traffic problems or cause a major e~fect ~o existing transportation system's?i"~ ............ 2'. ........ . Yes~No 12.. Will project'regularly cause objectionable ' od~rs, noise, glare, vibration, or electrical disturbance as a result.of the proj%ct's operation? ......... ';... . .. '~' ................. ; Yes No -. 13. Will project hove any impact on public heal{h-" ' - or safety? ................................. _o.. Yes~No 14. Will project offer% the existing Community by directly causing o growth in-permanent -- population of more than 5 percent Over a on~ '. year period or'bev6 a major nDgetive effect 15. _R_EPRESENT ING .:~,~ Z~F -. on the character of the community or neighborhood? ..... -~ ...... - ............. '- Y~'s'~'No Is there public controversy conce~ning'~'-~''..- project? ........... '''t' .......... - ............ -. - yes ~No ~^0~ ! ? C~ · 0 c:~ "~ o L'~ o Norman C. Boos ~pplieation for ~etlands Permit Marina is a Pre-existing marina. Prior limenses and permits as follows: Army Corps of Engineers #11112 Dated 8/03/79 TO eonstruet 440 L.F. Bulkhead B.E.C. ~15276-0109,,A,, SP WQ Dated 1/12/79 To construct 440 L.F. Bulkhead D.E.C. ~}Y-l§276-O109,,A,, P~ WQ Construct 30' x 10' ramp DEC 10 81-0184 Dated 10/81 Construct 1 family house. Town of Southold dated 10/26/82 #11982 Construct 1 family house Mr. An~elo G. Petrucci Bay Avenue Cutohogue, New York 11935 Dear Mr. Petrucci; N. Y. 119~1 TELEPHON~ ~ 1802 June 1, 1978 As y~u know, your business on the south side of Bay Avenue, Cutchogue, New York~ is classified as ~ non-conforming marina or boat basin. Accordin --~ --= ..... ~ g~~~Inance, a--noh-2COr£t6rming use ls any usej whether of a building or tract of land, or both, existing on the effective date of the zoning ordinance, which does not conform to the use regulations of the district in which it is located. The definition of a marina is any premises containing <)ne (1) or more piers, wharves, docks~ ~oorings~ buikheads~ buildings, slips, basins or lands under water, ~esigned, used or intended to be used primarily for the docking or m~orl~g of boars for or without ) ~' ~ , com~ ensa ulon Osi/%g your letter of May 17, 1978, and the above definitions as a guide, it seems to us that~ur non-conforming marina includes the following: The seasonal operatlo~-~o~_ a marzna or ~Oa---~-~---'oc -s or s-~ps or not more than thirty-five (35) non-co~merciai boats not more than 24 feet in length, peclal servic~-$~-/for owners such as fresh water, electricity, oil and gasoline are also permitted. We think that this service barge i~ an integral part of your marina operation and may be stored on your property when not in use. ' You are not permitted to store boats~ build boats or conduct the retail salm of boats on your premises. Hopef~lly, this clearly defines all permitted uses for your property. If there are any other questions, please bring them to our attention. RWG:~cc cc= Mr, Charles Grigonis F~r. Edward F. Hinderman APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWiCKI Southold Town Board of Appeals MAIN ROAD- STATE ,ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 INTERDEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Judith T. Terry, Town Clerk Jerry Goehringer, Chairman, Z.B.A. November 7, 1983 Premises Now of Norman C. Boos (formerly of A. Petrucci) Location: South Side Bay Avenue, Cutchogue County Tax Map Parcel N6s. 1000-104-008-2.1 and 2.3 This memorandum is in reply to your November 3, 1983 request con- cerning the premises of Norman C. Boos and located at' the south side of Bay Avenue, Cutchogue. We have reviewed the documents submitted with your request and have researched the history of this property, finding as follows: (A) The marina has been in existence as a nonconforming use since the adoption of zoning in 1957 and is located and Agricultural Zone." (B) Pursuant to a ZBA letter of clarification to Angelo P~trucci, who was the former owner of the premises, dated June 1, 1978: (1) Operation of this marina was.restricted to not more than 35 noncommercial boats, not more than 24 feet in length; (2) No storage of boats and no sales of boats would be allowed. (C) In Appeal No. 2914, a conditional variance was granted allowing M~morandum-November 7, 1983 Judith T. Terry, Town Clerk Re: Norman C. Boos Property the construction of a one-family private dwelling, provided: (1) the entire premises remain as-one parcel [117,871 sq. ft. of which 47,36~ sq. ft. are under water]; (2) there be a minimum of 43 parking spaces for the marina use to be submitted to and approved by the Planning Board; (3) construction of the new one-family dwelling as per the filed site plan and in compliance with all other applicable laws and regulations. (D) Wetlands Permit #45 allowed certain dredging and bulkhsading west of the existing marina; (E) The recently-filed Wetlands Permit Application ~172 requests the placement of additional catwalk(s) with fingers to accommodate 18 additional boats. It is our opinion that expansion of this nonconforming marina to accommodate more than 35 noncommercial boats would require addi- tional approvals. Due to the fact that this is a "nonconforming" marina in a resi- dential area, any proposed changes to this property should be referred to the Building Department for their certification. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS '~L.~'- - ' OFFICE OF THE TOWN CLERK TOWS OF SO.HOLD Town Hall, 53093 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 3, 1983 Mr. Gerald Goehringer, Chairman Southold Town Board of Appeals Southold, New York 11[~71 Dear Jerry: Attached hereto is the application of Norman C. Boos for a Wetland Permit. The Town Board questions whether Mr. Boos' proposal to construct additional floating catwalk to accomodate 18 additional small boats is an expansion of an existing non-conforming use and should, therefore, be addressed by the Board of Appeals May I have your opinion in this matter, and if in the affirmative, the necessary forms I may transmit to Mr. Boos for an application before your Board. For your further information, I am also attaching herewith a former Wetland application and permit issued by the Town Board in 1980. Very truly yours, Judith T. Terry Southold Town Clerk Attachments $outhold Town oard, of Appeals MAIN I~I~AD- ~TATE I~EIAD 25 S{~UTHE]LD, L.I., N.¥, 11971 TELSPHONE ($16} 765-1809 ~C~ZON 0~ ~HE Z0NZNG BOARD O~ ~P~.~L$ [~ppell~t (~) ] Stephen F. griffing, Jr., Esq. (For Norman C. Boos) 120 Court Street, P.O. Box 982 Riverhead, NY 11901 At a Meeting of the Zoning Board of Appeals'held on September 16, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-31 Article V, Section 100-51 [ ] Request for The Public Rehearing in this matter was held on August 17, 1982. Rehearing in the Matter of the Application for NO~VLAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for ~xis~ing marina by dividing premises into two parcels, one as a marina and onel for residential use, each having insufficient upland area. Location of Property: South side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hochbaum; more particularly identified as Suffolk County Tax Map Dis- trict 1000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review its original decision in this Appeal. This matter was reheard at a regular meeting of this board held on August 17, 1982. At such rehearing, appellant presented new and further evidence, all of which is set fort~ in the minUt~o~ ~aid r~hearing. Based upon such new evidence, this board finds that strict compli- ance with the zoning code would result in. practical difficulties and, accordingly, grants the variance SUBJECT, HOWEVER,.TO:THE FOLLOWINC CONDITIONS, to wit: .~: 1. That the permission granted herein is only for the construction of one private one-family dwelling on the premises (comprising 117,871 square feet of which 47,364 square feet are under water), it being speci- fically understood that the marina located on the premises shall never be considered a separate parcel of property, and the entire premises shall remain in one ownership. [In effect, this property shall not be permitted to be subdivided with the existing uses.] 2. That .a parking plan with a minimum of forty-three (43) parking spaces for the marina use shall be submitted to and approved by the Planning Board. 3. That thc new dwelling proposed to be constructed by the appellant shall be located on the premises as indicated on the map entitled, "Broadwaters Cove Marina," initialed by the Chairman on August 17, 1982; and that the construction of said dwelling shall com- plythereto, in all respects with all laws and rules and regulations applicable (CONTINUED ON PAGE TWO) DATED: September 17, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev~ 12/81) · pe~dop~ XisnomTu~un s~a uoT~nIose~ STqA '(pu~ISI s=SqST~) usKoG ~eqmox :s~a ~uesqv -TZOTa~S pu~ ss~I6no~ 'STUOBT~O '~e6UTZqSoD 's~ssei~ :seX~ :p~o~ ~q$ ~o s~oA 'I'E-8 -~01-000I 'oN d~N x~25 zi~unoo ~{IO;~nS s~ pay~y~ugpy Xi~InD!~d a~om :AN '~nBoqo~no 'snu~Alf K~t ~o ~pys q~nos :zl~2I~do~t ~o UO.T~DO~I ~86I '9I ~sqms~d~s p~pu~ uoysyo~ soo~ 'D u~un~oN :buy~qo~ 916E 'oN I~dd~ - E ~6~G MAIN ROAD- STATE ROAD 25 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2914 'Application Dated October 23, 1981 TO: Stephen Fi Griffing, Jr., Esq. 120 Court Street Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 8, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Sections 100-31 and 100-51 [ ] Request for The public hearing on this matter was held-on May 26, 1982. Upon application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article V, Section 100-51 for permission to reduce land area for existing marina by dividing pre~i~s into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hockbauer; more particularly identified as Suffolk County Tax Map District 1000, Section 104, Block 8, Lot 2.1. The board made the following findings and determination: This is an appeal for a variance of Sections 100-31 and 100-51 of the Zoning Code to set-off a dwelling parcel of land and thus reduce the area requirements of an existing marina located on the south side of Bay Avenue, adjacent to Broadwate~ Cove at Cutchogue, New York. The premises contain a total area of 117,871 square feet. However, the premises had been dredged to creats a boat marina and an area of 47,364 square feet of the premises is underwater land. There is a total of 70,507 square feet of land above water. The premises is located in the "A" Residential and Agricultural District in which marinas are not permitted. The marina was in existence prior to the enactment of the Zoning Code and is thus a nonconforming use. Appellant proposes to set-off 45,546 square feet of the easterly portion of the premises and construct a dwelling thereon. The proposed dwelling lot will have a total area of 45,546 square feet of which 12,064 square feet is underwater and 33,4'82 square feet is upland. The Bulk Schedule forming a part of the Zoning Code requires a minimum lot size of 40,000 square feet for a dwelling in the "A" District and a minimum lot area of 80,000 square feet for a marina in the "M-l" ' General Multiple Residence District (the highest use district in which marinas are a permitted use). ' In a letter of this board to Appellant's precedessor in title, (CONTINUED ON PAGE TWO) DATED: July 15, 1982. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD CIF APPEALS.~ - ~/~ _ Lenclere~ J'~.--' o, 2332 dated June 1, 1978 (offered in evidence at the hearing of this appeal by Appe!!ant's attorney), the extent of the marina use at the date of said letter was for the docking of not more than~.~35 noncommercial boats. It is the position of Appellant that in determining the area of the property, the land underwater should be included in calculating the lot area of the marina parcel as well as t~e dwelling lot sought to be set- off from the marina parcel. Under such a view, the marina would have a lot area of 72,325 square feet and the resulting dwelling lot 45,546 square feet. The dwelling lot would conform to the bulk requirements, but the marina parcel would have approximately 90% of the required area. If only the upland area were to be included in determining the area of both parcels, the dwelling lot would be 84% of the minimum required lot size, and the marina parcel would have 46% of the required lot size. If only upland is used to determine the required area, the entire parcel has an upland area of 70,507 square feet or 88% of the area required for a marina use (in the "M-l" District). It has been the practice of this board in determining the area of a lot adjacent to tidal waters 'to include only the upland in determining the area of the lot.. The board believes that such practice should be followed in this case. The area of the upland is important in this case since the premises are utilized as a nonconforming marina for 35 boats and will require substantial upland area for parking and other marina- related uses. Since the Appellant is requesting an area variance, it is incumbent upon him to demonstrate that strict compliance with the zoning Code will result in practical difficulties. At the hearing, the only evidence presented on the issue of economic hardship was Appeltant's attorney's statement that "the division o~ t~e lots into a residential and a marlna...would undoubtedly produce a great deal more money in the event of sale." The only other evidence presented was Appellant's statement that "The reason for dividing this land is strictly for liability. I wish to build a house there and live there, and I'd like it separated from the marina strictly for liability purposes. I have no intention of selling it. I would like to live there." The Appellant has failed to demonstrate that strict compliance with the Zoning Code would result in practical difficulties; and, accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, the variance is denied. Location of Property in Question: South Side of Bay Avenue, Cut- chogue, NY; County Tax Map Parcel No. 1000-104-8-2.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOIYN CLERK TOWN OF SOUTHOLD Town Hall, 5309~5 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-i801 November 3, 1983 Mr. Gerald Goehringer, Chairman Southold Town Board of Appeals Southold, New York 11971 Dear Jerry: Attached hereto is the application of Norman C. Boos for a Wetland Permit. The Town Board questions whether Mr. Boos' proposal to construct additional floating catwalk to accomodate 18 additional small boats is an exparision of an existing non-conforming use and should, therefore, be addressed by the Board of Appeals May I have your opinion in this matter, and if in the affirmative, the necessary forms ! may transmit to Mr. Boos for an application before your Board. For your further information, I am also attaching herewith a former Wetland application and permit issued by the Town Board in 1980. Very truly yours, Judith T. Terry $outhold Town Clerk Attachments $outh ld T wnof Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11cJ'71 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765-1809 Appeal No. 2914 Application Dated July 27, 1982 for a Rehearing TO: Stephen F. Griffing, Jr., Esq. (For Norman C. Boos) 120 Court Street, P.O. Box 982 Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals'held on September 16, 1982 ' the above a~peal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-31 Article V, Section 100-51 [ ] Request for The Public Rehearing in this matter was held on August 17, 1982. Rehearing in the Matter of the Applicatio~ for NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31_and Article V Section 1 ~ , 00-~1 for permission to reduce land area for ~xi~ing marina by dividing premises into two parcels, one as a marina and one for residential use, each having insufficient upland area. Location of Property: South side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hochbaum; more particularly identified as Suffolk County Tax Map Dis- trict 1000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review its original decision in this Appeal. This matter was reheard at a regular meeting of this board held on August 17, 1982. At such rehearing, appellant presented new and further evidence, all of which is se~ forth in the minut~ 'o~ Said r~hearing. Based upon such new evidence, this board finds that strict compli- ance with the zoning code would result in. practical difficulties and, accordingly, grants the variance SUBJECT, HOWEVER TO:THE FOLLOWINC CONDITIONS, to wit: ' 1. That the permission granted herein is only for the construction of one private one-family dwelling on the premises (comprising 117,871 square feet of which 47,364 square feet are under water), it being speci- fically understood that the marina located on the prem!ses shall never be considered a separate parcel of property, and the entire premises shall remain in one ownership. [In effect, this property shall not be permitted to be subdivided with the existing uses.] 2. That .a parking plan with a minimum of forty-three (43) parking spaces for the marina use shall be submitted to and approved by the Planning Board. 3. That th6 new dwelling proposed to be constructed by the appellant shall be located on the premises as indicased on the map entitled, "Broadwaters Cove Marina," initialed by the Chairman on August 17, 1982; and that the construction of said dwelling shall com- plythereto, in all respects with all laws and rules and regulations applicable (CONTINUED ON PAGE TWO) DATED: September 17, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS '~ Form ZB4 (rev~ 12/81) Page 2 - Appeal No. 2914 Rehearing: Norman C. Boos Decision Rendered September 16, i982 Location of Property: South side of Bay Avenue, Cutchogue, NY; more particularly identified as Suffolk County Tax Map No. 1000-104- 8-2.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Absent was: Member Doyen (Fishers Island). This resolution was unanimously adopted. RECEIVED AND FILED BY ~ ~o~.~oL~ ~o~w~ ~7/~ ~ou~:r~.~.~ DA~ . .~ .: ~~~ . IVlAIN Ri-lAD- STATE RI-lAD 25 SI'IUTHI-ILD. L.I., N,Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No, 2914 Application Dated October 23, 1981 TO: Stephen F. Griffing, Jr., Esq. 120 Court Street Riverhead, NY 11901 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 8, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , SectionS 100-31 and 100-51 [ ] Request for The public hearing on this matter was held'on May 26, 1982. Upon application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article Vt Section 100-51 for permission to reduce land area for existing marina by dividing pre~i~e~ into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hockbauer; more particularly identified as Suffolk County Tax Map District 1000, Section 104, Block 8, Lot 2.1. The board made the following findings and determination: Thms is an appeal for a variance of Sections 100-31 and 100-51 of the Zoning Code to set-off a dwelling parcel of land and thus reduce the area requirements of an existing marina located on the south side of Bay Avenue, adjacen~ to Broadwater Cove at Cutchogue, New York. The premises contain a total area of 117,871 square feet. However, the premises had been dredged to create a boat marina and an area of 47,364 square feet of the premises is underwater land. There is a total of 70,507 square feet of land above water. The premises is located in the "A" Residential and Agricultural District in which marinas are not permitted. The marina was in existence prior to the enactment of the Zoning Code and is thus a nonconforming use. Appellant proposes to set-off 45,546 square feet of the easterly portion of the premises and construct a dwelling thereon. The proposed dwelling lot will have a total area of 45,546 square feet of which 12,064 square feet is underwater and 33,482 square feet is upland. The Bulk Schedule forming a part of the Zoning Code requires a minimum lot size of 40,000 square feet for a dwelling in the "A" District, and a minimum lot area of 80,000 square feet for a marina in the "M-l" General Multiple Residence District (the highest use district in which marinas are a permitted use). ' In a letter of this board to Appellant's precedessor in title, (CONTINUED ON PAGE TWO) DATED: July 15, 1982. Form ZB4 (rev.' 12/81) CHAIR/VLAN, SOUTHOLD TOW/q ZONING BOARD oF APPEA ,.S.. . / dated June 1, 1978 (offered in evidence at the hearing of this appeal by Appe!lant's attorney), the extent of the marina use at the date of said letter was for the docking of not more than~35 noncommercial___ boats. It is the position of Appellant that in determining the area of the property, the la~d underwater should be included in calculating the lot area of the marina parcel as well as the dwelling lot sought to be set- off from the marina parcel. Under such a view, the marina would have a lot area of 72,325 square feet and the resulting dwelling lot 45,546 square feet. The dwelling lot would conform to the bulk requirements, but the marina parcel would have approximately 90% of the required area. If only the upland area were to be included in determining the area of both parcels, the dwelling lot would be 84% of the minimum required lot size, and the marina parcel would have 46% of the required lot size. If only upland is used to determine the required area, the entire parcel has an upland area of 70,507 square feet or 88% of ~he area required for a marina use (in the "M-l" District). It has been the practice of this board in determining the area of a lot adjacent to tidal waters to include only the upland in determining the area of the lot. The board believes that such practice should be followed in this case. The area of the upland is important in this case since the premises are utilized as a nonconforming marina for 35 boats and will require substantial upland area for parking and other marina- related uses. Since the Appellant is requesting an area variance, it is incumbent upon him to demonstrate that strict compliance with the zoning Code will result in practical difficulties. At the hearing, the only evidence presented on the issue of economic hardship was Appellant's attorney's statement that "the division 6f 't~e lots into a residential and a marina...would undoubtedly produce a great deal more money in the event of sale." The only other evidence presented was Appellant's statement that "The .reason for dividing this land is strictly for liability. I wish to build a house there and live there, and I'd like it separated from the marina strictly for liability purposes. I have no intention of selling it. I would like to live there." The Appellant has failed to demonstrate that strict compliance with the zoning Code would result in practical difficulties; and, accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, the variance is denied. Location of Property in Question: South Side of Bay Avenue, Cut- chogue, NY; County Tax Map Parcel No. 1000-104-8-2.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and sawicki. This resolution was unanimously adopted. uthold 7'o r MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.., N.Y. llB?I TELEPHONE (518} 785-1809 APPEALS BOARD MEMBERS · GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. ROBERT J. DOUGLASS ,JOSEPH H. SAWlCKI INTERDEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Judith T. Terry, Town Clerk Jerry Goehringer, Chairman, Z.B.A. November 7, 1983 Premises Now of Norman C. Boos (formerly of A. Petrucci) Location: Soutk Side Bay Avenue, Cutchogue County Tax Map Parcel N6s. 1000-104-008-2.1 and 2.3 This memorandum is in reply to your November 3, 1983 request con- cerning the premises of Norman C. Boos and located at the south side of Bay Avenue, Cutchogue. We have reviewed the documents submitted with your request and have researched the history of this property, finding as follows: (A) The marina has been in existence as a nonconforming use since the adoption of zoning in 1957 and is located in an "A-Residential and Agricultural Zone." (B) Pursuant to a ZBA letter of clarification to Angelo P~trucci, who was the former owner of the premises, dated June 1, 1978: (1) Operation of this marina was restricted to nom more than 35 noncommercial boats, not more than 24 feet in length; (2) No storage of boats and no sales of boats would be allowed. (C) In Appeal No. 2914, a conditional variance was granted allowing Memorandum -November 7, 1983 Judith T. Terry, Town Clerk Re: Norman C. Boos Property' the construction of a one-family private dwelling, provided: (1) the entire premises remain as one parcel [117,871 sq. ft. of which 47,36~ sq. ft. are under water]; (2) there be a minimum of 43 parking spaces for the marina use to be submitted to and approved by the Planning Board; (3) construction of the new one-family dwelling as per the filed site plan and in compliance with all other applicable laws and regulations. (D) Wetlands Permit ~45 allowed certain dredging and bulkheading west of the existing marina; (E) The recently-filed Wetlands Permit Application ~172 requests the placement of additional catwalk(s) with fingers to accommodate 18 additional boats. It is our opinion that expansion of this nonconforming marina to accommodate more than 35 noncommercial boats would require addi- tional approvals. Due to the fact that this is a "nonconforming" marina in a resi- dential area, any proposed changes to this property should be referred to the Building Department for their certification. Memorandum -November 7, 1983 Judith T. Terry, Town Clerk Re: Norman C. Boos Property the construction of a one-family private dwelling, provided: (1) the entire premises remain as one parcel [117,871 sq. ft. of which 47,36~ sq. ft. are under water]; (2) there be a minimum of 43 parking spaces for the marina use to be submitted to and approved by the Planning Board; (3) construction of the new one-family dwelling as per the filed site plan and in compliance with all other applicable laws and regulations. (D) Wetlands Permit #45 allowed certain dredging and bulkheading west of the existing marina; (E) The recently-filed Wetlands Permit Application #172 requests the placement of additional catwalk(s) with fingers to accommodate 18 additional boats. It is our opinion that expansion of this nonconforming marina to accommodate more than 35 noncommercial boats would require addi- tional approvals. Due to the fact that this is a "nonconforming" marina in a resi- dential area, any proposed changes to this property should be referred to the Building Department for their certification. th lcl To lApp Is Sou o wn Board o ea MAIN ROAD- STATE ROAD 25 ~OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. .JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI INTERDEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Judith T. Terry, Town Clerk ~ ~ jerry Goehringer, Chairman, Z.B.A. November 7, 1983 Premises Now of Norman C. Boos (formerly of A. Petrucci) Location: South Side Bay Avenue, Cutchogue County Tax Map Parcel N6s. 1000-104-008-2.1 and 2.3 This memorandum is in reply to your November 3, 1983 request con- cerning the premises of Norman C. Boos and located at' the south side of Bay Avenue, Cutchogue. We have reviewed the documents submitted with your request and have researched the history of this property, finding as follows: (A) The marina has been in existence as a nonconforming use since the adoption of zoning in 1957 and is located in an "A-Residential and Agricultural Zone." (B) Pursuant to a ZBA letter of clarification to Angelo P~trucci, who was the former owner of the premises, dated June 1, 1978: (1) Operation of this marina was restricted to not more than 35 noncommercial boats, not more than 24 feet in length; (2) No storage of boats and no sales of boats would be allowed. (C) In Appeal No. 2914, a conditional variance was granted allowing dated June 1, 1978 (offered in evidence at the hearing of this appeal by Appe!!ant's attorney), the extent of the marina use at the date of said letter was for the docking of not more than 35 noncommercial boats. It is the position of Appellant that in determining the area of the property, the land underwater should be included in. calCulating the lot area of the marina parcel as well as the dwelling lot sought to be set- off from the marina parcel. Under such a view, the marina would have a lot area of 72,325 square feet and the resulting dwelling lot 45,546 square feet. The dwelling lot would conform to the bulk requirements, but the marina parcel would have approximately 90% of the required area. If only the upland area were to be included in determining the area of both parcels, the dwelling lot would be 84% of the minimum required lot size, and the marina parcel would have 46% of the required lot size. If only upland is used to determine the required area, the entire parcel has an upland area of 70,507 square feet or 88% of ~he area required for a marina use (in the "M-l" District). It has been the practice of this board in determining the area of a lot adjacent to tidal wa%ers to include only the upland in determining the area of the lot. The board believes that such practice should be followed in this case. The area of the upland is important in this case since the premises are utilized as a nonconforming marina for 35 boats and will require substantial upland area for parking and other marina- related uses. Since the Appellant is requesting an area variance, it is incumbent upon him to demonstrate that strict compliance with the Zoning Code will result in practical difficulties. At the hearing, the only evidence presented on the issue of economic hardship was Appellant's attorney's statement that "the division ~f lots into a residential and a marina...would undoubtedly produce a great deal more money in the event of sale." The only other evidence presented was Appellant's statement that "The reason for dividing this land is strictly for liability. I wish to build a house there and live there, and I'd like it separated from the marina strictly for liability purposes. I have no intention of selling it. I would like to live there." The Appellant has failed to demonstrate that strict compliance with the Zoning Code would result in practical difficulties; and, accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, the variance is denied. Location of Property in Question: South Side of Bay Avenue, Cut- chogue, NY; County Tax Map Parcel No. 1000-104-8-2.1. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. IECEtVED _..,D FILED BY THE SOUTI!CLD TOWN CLERK DA E - ~ -~ q thold ~T~ Clez", lo~n ~ ~thol JUL 15 MAIN ROAD-' -'~TATF- ROAD 25 cJDUTHOLD, L.I.. N.Y. 11':371 TELEPHONE (5161 765-1809 ACTION OF THE ZONING BOARD OF APPEAL~ Appeal No. 2914 Application Dated October 23, 1981 TO: Stephen F. Griffing, Jr., Esq. 120 Court Street Riverhead, NY 11901 [Appellant (s) ] At a Meeting of the Zoninq Board of Appeals held on July 8, 1982 the above appeal was considered, and the action indicated below Was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ I Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , SectionS 100-31 and 100-51 [ ] Request for The public hearing on this matter was held~on May 26, 1982. Upon application of NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-31, and Article V, Section 100~5~for permission to reduce land area for existing marina by dividing premises into two parcels, each with insufficient upland area. Location of Property: South Side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hockbauer; more particularly identified as Suffolk County Tax Map District 1000, Section 104, Block 8, Lot 2.1. The board made the following findings and determination: This is an appeal for a variance of Sections 100-31 and 100-51 of the Zoning Code to set-off a dwelling parcel of land and thus reduce the area requirements of an existing marina located on the south side of Bay Avenue, adjacent to Broadwater Cove at Cutchogue, New York. The premises contain a total area of 117,871 square feet. However, the premises had been dredged to create a boat marina and an area of 47,364 square feet of the premises is underwater land. There is a total of 70,507 square feet of land above water. The premises is located in the "A" Residential and Agricultural District in which marinas are not permitted. The marina was in existence prior to the enactment of the Zoning Code and is thus a nonconforming use. Appellant proposes to set-off 45,546 square feet of the easterly portion of the premises and construct a dwelling thereon. The proposed dwelling lot will have a total area of 45,546 square feet of which 12,064 square feet is underwater and 33,482 square feet is upland. The Bulk Schedule forminq a part of the zoning Code requires a minimum lot size of 40,000 squ~re feet for a dwelling in the "A" District, and a minimum lot area of 80,000 square feet for a marina in the "M-I" General Multiple Residence District (the highest use district in which marinas are a permitted use). In a letter of this board to Appellant's precedessor in title, (CONTINUED ON pAGE TWO) DATED: July 15, 1982. Form ZB4 Irev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD Page 2 - Appeal No. 2914 Rehearing: Norman C. Boos Decision Rendered September 16, 1982 Location of Property: South side of Bay Avenue, Cutchogue, NY; more particularly identified as Suffolk County Tax Map No. 1000-104- 8-2.1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Absent was: Member Doyen (Fishers Island). This resolution was unanimously adopted. RECEIVED AND FILED BY Tt{E SOUTHOLD TO%VN CLERI~ HOUR ~3.56'/- ~ MAIN ROAD- C;TATE ROAD 25 5OWTHOLD. L.I., N.Y. 11971 TELEPHONE (518) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2914 Application Dated July 27, 1982 for a Rehearing TO: [Appellant (s) ] Stephen F. Griffing, Jr., Esq. (For Norman C. Boos) 120 Court Street, P.O. Box 982 Riverhead, NY 11901 At a Meeting of the Zoning Board of Appeals'held on September 16, 1982 ' the above appeal was considered, and the action indicated below Was taken on your [ ] Request for Variance Due to Lack of Access to. Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-31 Article V, Section 100-51 [ ] Request for The Public Rehearing in this matter was held on August 17, 1982. Rehearing in the Matter of the Application for NORMAN C. BOOS, One Cedar Street, Massapequa, NY 11758, by Stephen F. Griffing, Jr., Esq., for a Variance to the Zoning Ordinance, Article III, Section 100-31 and Article V, Section 100-51 for permission to reduce land area for ~xi-s~ing marina by dividing premises into two parcels, one as a marina and one for residential use, each having insufficient upland area. Location of Property: South side of Bay Avenue (a/k/a 8000 Skunk Lane), Cutchogue, NY; bounded north by Bay Avenue; west by Brickley; south by Gross; east by Hochbaum; more particularly identified as Suffolk County Tax Map Dis- trict 1000, Section 104, Block 8, Lot 2.1. This board by a unanimous vote agreed to review its original decision in this Appeal. This matter was reheard at a regular meeting of this board held on August 17, 1982. At such rehearing, appellant presented new and further evidence, all of which is set forth in the minut~ :o~ ~aid r~hearing. Based upon such new evidence, this board finds that strict compli- ance with the zoning code would result in practical difficulties and, accordingly, grants the variance SUBJECT, HOWEVER, TO:THE FOLLOWING CONDITIONS, to wit: ~ '~:~ 1. That the permission granted herein is only for the construction of one private one-family dwelling on the premises (comprising 117,871 square feet of which 47,364 square feet are under water), it being speci- fically understood that the marina located on the premises shall never be considered a separate parcel of property, and the entire premises shall remain in one ownership. [In effect, this property shall not be permitted to be subdivided with the existing uses.] 2. That ~ parking plan with a minimum of forty-three (43) parking spaces for the marina use shall be submitted to and approved by the Planning Board. 3. That thc new dwelling proposed to be constructed by the appellant shall be located on the premises as indicated on the map entitled, "Broadwaters Cove Marina," initialed by the Chairman on August 17, 1982; and that the construction of said dwelling shall com- ply in all respects with all laws and rules and regulations applicable thereto. (CONTINUED ON PAGE TWO) DATED: September 17, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS - -)~. . Form ZB4 (rev~ 12/81) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS · \, ., OFFICE OF THE TOWN CLERK TOWN OF SOUIHOLD (7 Town Hall, 53093 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 3, 1983 Mr. Gerald Goehringer, Chairman Southold Town Board of Appeals Southold, New York 11971 Dear Jerry: Attached hereto is the application of Norman C. Boos for a Wetland Permit. The Town Board questions whether Mr. Boos' proposal to construct additional floating catwalk to accomodate 18 additional small boats is an expansion of an existing non-conforming use and should, therefore, be addressed by the Board of Appeals May ! have your opinion in this matter, and if in the affirmative, the necessary forms ! may transmit to Mr. Boos for an application before your Board. For your further information, I am also attachinq herewith a former Wetland application and permit issued by the -~own Board in 1980. Very truly yours, Judith T. Terry Southold Town Clerk Attachments AVENUE 219.63' A'IAP OF' PROPERTY NORMAN C. BOOS AT EAET CUTCNOGUE TOWN OF $OUTHOLD SUFFOLK COUNTY~ N. Y~ $CALE~ / ~'~' 40' APRIL 26,/983 N/O/F' D R E DGE'O .~ INLET GRAHAM