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HomeMy WebLinkAbout1000-15.-9-10.1, 11.1 & 15.1 Approved 2001 (2) N .1_.._ti nom.. ° . ! Ina^ , tJ r,J- "��_1.nom, 1 �ti l'�`! ,1—k_-_,_1_,_,,,_-r• '-�.1.-mss .rs ti U ^ ' -- ._- ` , ' r . -. .. . -- -- 'L • RAIN . I � ! * '' .: . I . - - - , . - -- , r I � 7 --- -- - ZONE ...._-_ .. 1, ( 'j E R . S, R, 25 � =8 j� I - - ' - - --- , EXISTING NATURAL LANDSCAPE BUFFER �� 1. - -- - -- — tti . ^ _ . - 1_ , - - _ . ZON E . — PER 7CS W _ _ -. — - _I _ AS 'N,C,ODE �i 4f _111- - - - - ._ ............ I F E — - „ — , SIC I1. 11 V IA — s T — R . 0 __ " - , , - - __ _ _ __ - * ' L__.J 62.06'55"E ------]. v -.. . , , Y. , w 15 50 ---- L--� . N� 61.23'25'E- 80:19' 23'25"E Y_. 1.62' -�. � , N 61' N 62 06 55"E 71 6 - - 1 ' • x __., - - ti s,r^''" �, - - - n--. -- , -r 1 ^ -. _: �f ti 1. , ( /,' c -- '- MATCH EXI TING ADES -- I q, x- --- —x-- -- --,-,I,,-' i S ' GR ---x 4 3 __ _ _ t '`-�. 1 -N 61 54 2� E 6s oo GRADING NOTE ----- n , �> �( RR + (8.24)± CURB -- - . -- �, FRENCH �• - - _--___- --_ - -= --- Fu � I --_- ______ - BECAUSE THE SLOPE OF THE PROPOSED PARKING �: STOPS ==t i r DRAIN V, • --(9 X8 8)±" f f.rs AREA IS SUBTLE, PROPOSED CONTOURS SHOWN ARE S -13 4f " IN INTERVALS OF TWO-TENTHS(0.2)OF A FOOT. - l � . 7 (9.8)1 � '. � , � •J V 1 . 1 - oe - m 3 • , Ij o (9) I 1 . _.- i , x . v• • (8 - z 7 Z a) i ,`I - - ; --- . - n R R \Ip (8.6) (9.6)1) I,I t ., r i r) 1 FRENCH C 1 III ( ) 7 K1 PY017/CML ( �O N C.C. IAT I GRAIN __13 �, 1),"Ii, 1 (9.4) 5 .{ 1 8.2 \ I J V M P a "O OI , I 1 �-- t ) ,`� I; �, 2 - / N B/oak sfri son curves. \ m I \ (9.2) 1 x(2"Corrioge BOYS. I �o C �, III I: / .. � _ 1 , I' ' 1. Dosis: I �eoso -6 .. a.. o ❑ AC �L__J � � 1 I'' WI a E Tt EL. EVATION �n - W ct 7 *1 ;�: �- Q p MID ``gym n \ I' z ;r, GPA VEL SURFACE PAPX'ING AREA , �' Z 3 TIMBER GUIDE RAIL D ETA I L 1 Q ri f- PNI 3 (NO SCALE) , I ENTRANCE y 1 ¢ K (REGRADE PARKING-AREA AS NEEDED TO N ; • J V S & EXIT F--i A C v o ELIMINATE DEPRESSIONS AND APPLY I w I _ Z^ U N STONE/GRAVEL TO THE SURFACE) �, .� ,1, f^ ♦ Z = . -- v J • . ♦ 5— x \ :i 3 } \ MP I, ►L - \ 5 PM x I 1 FOUR (4 i EXISTING PAf KING ' , I \ � 5 (9 I I M P' __--- SPACE !N TI � . \ 11 : . HIS AREA TO BE \ C!� '1 I DESIGNATED AS - I, .. . I i , o iI HANDICAPPED PARKING � 5 ' I, I (8.2) \ � III Z , \ \ ,. ...1 (8.8) , I I • I 1 • Z , A C ( )I ` \ � 7 1 1 W Q NI I - � ' r I _ (861 I I �- i\ \ _ I''G 7 I I I ' . EP.fERGENCY 1 \`H I O Z W I ACCESS AREA k, (8.4) ACLAI, 3 PERMANENT 25' X 40' , H4' �_PM •. O KING I INGRESS & � I , 1 EGRESS TO N PA \ II �- I i ,,,, •- 3 FRENCH DRAINS zLL PARKING AREA _ - - PROVIDE M p I Y QO-O � (POST SIGNS) ONE 1 PAVED 1 A 2O THICKNESS NE LEND FARING COURSE 11 I3/4"STONE BLEND COMPACTED TO I ,` I Q F-w a�(n HANDICAPPED W A C Z J 3�Noav PARKING SPACE 4 1 ••%r;:•:;:.:•:•:•:• FINE GRADE SPACES SHOIdN ON WESTERLY N W I V,.w ' EXTEND EXISTING I t ••••••• PARCEL WERE TAKEN FROM A u, W--o SIDEWALK POSED ��O O :R R • . 6' G(7t�ifiACTCGI BASF COURSE '',SITE PLAN PREPARED BY PECONIC o o-u» P Q SURVEYORS, PC, LAST DATED W cc<-C,m I I ' N_II N EXISTING BA J I'' � NK RUN OR OTHER REVISED MAY 16, 1995 _----- O ZQ�tio � ) SUITABLE MATERIAL U) UcO�`'z'z 7 PROVIDE RAMP TO:, \ II I n Z mv^Stu♦ SNACK BAR DOOR -- I c� 3' ' _ to - a1. I O 3�. MP I --1 ' CL 3 OwQ :3 EXISTING r z I'I A . O . ! (- CL z-ccs LIGHTS ON ' � EXISTING SOIL,UNSUITABLE SOILS EXPANSIVE CL a`"d a BUILDING II m SOILS OR SOILS CONTAINING ORGANIC MATTERO �_a I I I w�,w=oo ' I ""I,, m 5 SHALL BE REMOVED WHEN ENCOUNTERED IS-C' ,vimQ P M BELOW THE BASE COURSE,AS DIRECTED BY THE EXISTING PARKING SPACES t , EXISTING W a�mQ, cc TOWN ENGINEER. (APPROVAL FOR 69 SPACES*) , . TERMINAL CL` i 1 1 . BUILDING , ^I I' _1\ �.1 (� EXISTING PROPosED � 9 GRAVEL PARKING AREA 111, "'+ SNACK BAR 3 9 �' II t WOODEN GUIDE II RR o MP; TYPICAL DETAIL , ® �� RAIL ALONG � NO SCALE �'' -o a ;,, PROPERTY LINE II Q Q moi" 3 z N Q W m mo�Il L� l9• o „ «w 9x 4, Z „ p 'i t O . ' 3 1_CIL CROWNED iv I t ._ s rn 48.54'25 '�c�il I;\, D : P M -PROPERTY PARKING AREA z 0 S 34,00 o ff LINE ' ; ` RTY �, v` ROPE lid D Z � � LINE • �V _" a Z VARIABLE WIDTH O � ----- IIW 5 - � ."' 'v �J� I M P : ' ' cn ' I to HEIGHT VARIES- SEE DESIGN GRADES � ) = 1I I I � �I, O : /,IIIII,, ON SITE PLAN I InI I m I MEET EXIST, il O `i OCURB EXISTING 1, • 3 GROUND AT x v r , CONE• � uGHT ON _ I m A C PROPERTY LINE (r1 , BUILDING 4 0-11 • W © P M EXISTING GRADE O , SI rl1 — I ' Z U� nl PROVIDE tr1 -; C1 r SMOOTH i N O 37 TRANSITITON SECTION THROUGH z. G� PROPOSED LIGHT RR AT ALL POINTS O U G H N FIXTURES ON 0 III, OF INTERFACE \ x PROPERTY LINE z I' CROWNED PORTION OF � II PM GRAVEL PARKING AREA i I� : ,1 V o v I NO SCALE , c ° -a 7 I . 7 I .i r t8)I M P A, r11 I b N r M1 (8.2) U LU I I m ' D 1 I 0 I'I ; I (_n i ($) C M � 5 . cc P M j ! 0X II FILTER FABRIC / I I Z U co II R R ( ) 3/4"STONE BLEND 6 2 INC. 410)BROAS I ANUF AND INSTALLED IN STONE BLEND _ _ NO.410 AS MANUFACTURED BY CULTEC, WEARING COURSE b / O In W X I PITCH TO THICKNESS „ �( I SPECIFICATIONS. N ACCORDANCE WITH MANUFACTURER'S COMPACTED TO A 2" THE PLANNING BOARD OF THE TOWN 1D °� r FRENCH DRAINS / (� Z X fTi I �Q © 'r%r%r%r, %r%r%r•r%r%r%r%r% FINE GRADE OF SOUTHOLD GRANTED SITE PLAN a , Z �� %•�•ti•�•ti•�•ti•ti•�•�•ti•�•�•�•� .l APPROVAL FOR THE "TERMINAL � •�, N � III j Q�Q , LIGHT DETAIL PARCEL ON MARCH' 30, 1984 : e v x o I' DQ�p�noC BASE COURSE (NO SCALE) C x Z � � m W m w Q ('� RUN OR OTHER O� V�) BASE COURSE (� EXISTING BANK ❑ /1\( SUITABLE HEAVY DUTY OUTSIDE LIGHT FIXTURES TO BE MOUNTED Q m N U Za I1 `J✓ MATERIAL ((( _ �1' gn ON 2' HIGH STANCHIONS ON TOP OF THE GUIDE RAIL I o - ' ,. � • ,\ v " ' I cc POSTS FOR AN OVERALL HEIGHT OF 4'. 100 WATT BULBS, It UTILITY WITH SHIELDS FACING ADJACENT PROPERTIES WILL BE I C7 POLE o m� \' rn o -a \ z_ / PROVIDED (4) IDENTICAL FXTURES WILL BE MOUNTED O O ON 4" X 4"WOODEN POSTS ALONG THE NORTH SIDE OF I Uj v - THE PARKING LOT,AT THE SAME 4'HEIGHT. v N EXISTING SOIL. UNSUITABLE SOILS < �q O N_ FILL TO GRADE PROPOSED OUTDOOR LIGHTING SHALL BE EMPLOYED "TERMINAL PARCEL" ; m= , I WITH FIST SIZED (EXPANSIVE SOILS OR SOILS ' FROM DUSK UNTIL ONE HOUR AFTER LAST FERRY STACKING ,LANES FOR w coBBL�s m 1,o NCONTAININ MATTER)SHALL ; . z 3 Z I BE REMOVED WHENENCOUNTEREDC UNTERED -+" X ARRIVES AND/OR DEPARTS. " i C a CAR FERRIES AND 2 Z \ I " BELOW THE BASE COURSE,As j SHORT DURATION n s I I ` = -, 11 DIRECTED BY THE TOWN ENGINEER. THE;LOCATION OF THE PROPOSED , _ - LIGHT FIXTURES ARE SHOWN THUS: 1 APPROXIMATE EDGE OF GRAss (DROP-OFF) PARKING '"' �, II U � � — HISTORIC I .� 3i 2 in (7.8) a I '= `� I MILE "MARKER n o ;I,I . . -I - - .. SECTION THROUGH I r ) I -i v � �I' . s , I y I II FRENCH DRAIN . "NO PARKING o 1 . (NO SCALE) S SIGN N (8.2) I i I' .. , � m (8.4) t Drainage Computations '' :� "STOP" • 1 v r1 I ;. EXISTING SIGN I11 Drainage Area "A" (Northerly portion of site) � � EXIST. STAGING AREA I } f Total Tributary Area= 21,700 s.f. I 2 < 2 STORY PROVIDE LIGHT 1 41 FRAME i I11 • Stone Blend Area: 21,000 s.f. x 0.6 x 0.167 feet= 2,175 c.f. - HOUSE FIXTURES ON BOTH - ` 1. RI-IL } <' SIDES IN INGRESS & I II (8.2) ' 1 U t 1 EGRESS I (8,5) OI EMERGENCY - Provide French Drain: 11'x 120'x 3.5'x 500!0=2310 c.f. � PERMANENT ACCESS AREA WO I ) 50' X 40' I Drainage Area "B" (Southwesterly portion of site I I�1� INGRESS & �ti NO PARKING 1 ` I' 9 9 patio) EGRESS TO includin bl ildin and atio C Q ( PARKING SIGNS) 1 I Tributary i I Total Tributa Area = 14,725 s.f. �3 I j C THE PLANNING BOARD OF THE TOWN Z ��� I Stone Blend Area 10 400 s I. x 0.6 x 0.167 feet =1,042 c.f. OF SOUTHOLD GRANTED SITE PLAN \I. ; Building & Patio: 4,325 s f. x 1 x .167 feet = 723 c.f, , G APPROVAL FOR THE WESTERLY - J z _ Total 1,765 c.f. ID C I PARCEL" ON MAY 16, 1995 v " EXISTING -� SIGN I Provide French Drain: 9'x 120' x 3.5'x 50 = 1,890 C.f. . w .. HAZARD LIMIT ! O Uj II I ,, — 1 I o- _j Drainage Area "C" (Southeasterly portion of site) �I, Total Tributary Area = 1 50 s.f. EROSION 0- Q 3 ) S Blend A 5 550 f 0 6 0 167 f 59 f a 55 (8' 3 w �[ W tone en Area: i s. . >< x feet =1,5 c. . EXISTING DETERIORATING (a 5) O V j - ° FENCE TO BE REPLACED I COASTAL `t' WITH NEW SPLIT RAIL FENCE ", O O Q cc , Provide French Drain: 11'x 85' x IT x 50°0= 1,636 c.f. ir: W : I --'� � I .----- --- • J I _ may, EDGE OF PAVEMENT _ OVBLE , W1TN D � � _----- ___ _ ---__— —___ ------ SfD W`f GOSH WITH 1 0 0 --- 110 PIROP OF ROSPA RF NCE . c� EXIST. RR ROW SNOW o � BLDG. STAKED W I a 41.25 to . . 4S• Jr.25«w , S1. , „\ j v ; r� :- . . I 1,18.55 ' ► THIN BRANCHE5 BY 1/5 RETAINING NORMAL I s A8" ,6.25"Vi .. `_ 1. 1 > PLANT SHAPE. d . . I ..,. .., O O O .I O BARK MULCH bOr*m (3") MIN. I 3 I CREATE SAUCER WITH TOPSOIL I50mm (6") MIN j[1 :i%!i%!, �i%�i !�i .yx f, '(iii' ROPES AT TOP OF BALL SHALL Sr- CUT. REMOVE I 1. 11 TOP 113 OF BURLAP. NON-BIODEGRADABLE y�, lir -R I }:¢ `"'P:� - ll- -y MATERIAL SHALL BE TOTALLY RE-MOVED)�' ,� OI _ bENTLY COMPACTED TOPSOIL MIXTURE \\ • I T 'It TAMPED ADMIXTURE BACKFILL YIA „I 11 Z. "� _r,1 1 Z. _L �, S 34.30.55 =1IT�-= li11 I,_�[= Tl l_ !1-t= 1fl ill �lllrll )1 !,It- -1 � O �j `\`' _ ,� 2X BALL DIA MIN y11 -�_ RUB BEFZ HOSE AT BARK � -,- I------ -� 7 GUY W!RCS (3), WHITE FLAG ON EACH TO INCREASE I—- V151BILITY AVOID TIGHT Gt,•Y III AS THEY I' a SHRUB PLANTING - BALL AND BURLAP PREVEWT NATURAL SWAY -- . L-I • TURNE3UGKLE (3), GALVANIZED OR DIP-PAINTED C a T I / C ^�/ r r- -. '" " " 1 'I ',�\ - i « 15, NOT TO SGALC — SET TREE AT ORIGINAL GRADE , - - --:.:: -----.-"- -=-==- _ --- - - ------- -- � • 9 50 MULCH PINE BARK OR WOOD CHIPS 'TSmm (3") MIN G'C RIP'ION OF Y�10'iK \\ ! 8 A 1 1 '\ i i / I _i SOIL SAUCER. USE PREPARED TOPSOIL ISOmm !6') M'N • F'J¢N;S A' L LAE30R, ANT MATERIALS AND ALL OTHER MA-ER;ALS NECE5_ARY GR THE _ PLANT L 15 T P•� r r c cc r KEY SGICNTIFIG NAME • WOOD STAKES (3) ' GOMh10N NAME SIZE Q REMARKS 3 PROBER INr,ECTED 'r AND E5TAE7.APF_ AR or- PLAN�IN65 IN AGGERDAN,;E W'TH F"_ANS \ -� / - /// / // ttr rpPCir3 OF BURLAP. OLL BE CUT N BIODE6RADAG; C MOATCR,A, A D AS C'RCGTED EY THE LANDSGAP[ ARG' TCCT ,illi 1, / / �r .', r •`, -- - u,•n r O�A�'TY INSJRANCC / g96. .., ,. I --- AG Amclonch o canadens s +odblow 6 1' • 1 -�'� � 12 BeB FVII -�, - �{ j } - SHALL BE TOTALLY REMOVED \ — C 21' -I,/ Juni ervs Vir ,mono Costern Red Ce6or 6-l' v T R N P 9 22 B�B, Fvu -i:i - ,a 1 � � i� .'' tv1P .. .. � MP ,co ennsVivOn,cO ---- r - — F / I P ?-3' Heovy lE l� _ _ PREPARED ADMIXTURE BACKFILL OR NAT(/E 501E HEALTHY SFEGIMEh� CAPABLE OF VIGOROVr GROWTH SQ ___ _ r1 bl j� • CONFORMANCE IN L.'= AND SHAPE WITH "AMERICAN 5'ANDARD5 FOR NURSERY STOCK" \ - / �EF1 p PM Prvnvs morltimo Bcoch Fill 3_4' 53 B/B =j;'j 11I _ TAMPED ADMIXTURE BACKFILL FOR SIZE 'PEGIF!ED \ // vJP '-- `` • rLANT MATERIALS S'aALL BE AVAI A3 E AT ANY T,MC F R INS-FC ,I N < < �\ -'NNtG� // RR Roso rvcjosa R+goso rose 16x1. I,a;,I - O C'O [ _AND GAP \ P i ARGHITEGT \\ NOTE: ?X BALL DIA MIN _ DELIVERY, �,�pRAGE ANG HANDLING � °.\ NO STORMWATER RUNOFF GENERATED FROM THE UNDERSIGNED,PURSUANT TO SOUTHOLD TOWN CODE SECTION 100-254(1) ' • PROTECT ALL PLANTS FROM DE5SIGATION DURING TRANSPORTATION AND STORAGE ON \\ \\•\ " THE PROPOSED GRAVEL PARAING AREA WILL ACKNOWLEDGES THAT THE CONDITIONS OF SITE PLAN APPROVAL SET FORTH IN , ONOT DECIDUOUS TREa PLANTING ___ _____ SITE WITH TARPS, SJITABLE COVER AND WATER / THE RESOLUTION OF APPROVAL DATED DECEMBER 10,2001 ARE ACCEPTED. SEE 1 TO SCALE J _ • REMOVE ALL PLANTS NLTN ROOT BALLS DAMAGED BY DROPPING OR ROLLING, AND / 1'' FLOW DIRECTLY INTO GARDINERS BAY �� / CON (TIONS ON REVERSE SIDE. PLANTS W!TH DAMF GED BARK \ ` ` \\ • 1 ti F'LANTiNG PROGEDLRE // 1 • INSTALL PLANT MA"ERIALS ONLY WHEN WEATHER CONDITIONS ARE FAVORABLE OR WHEN ` _ �'// • LL 1 —�. 11 yCROSS SOUND FERRY SERVICES,INC.�, MATERIALS HAVE E''EEN HARDENED oFF _ . PRESIDENT�`'�'� • PLANT IN ACCORDANCE WITH PLANTING DETAIL SHO✓iN ON PLAN � CONE. '�� 'J• O 1 • PLACE AND PLUMB IN PIT WITHOUT DAMAGING ROOT BALL ` OA W � (J•�—` 1., � • REMOVE ALL INORSANIG ROOT BALL COVERING AND TWINE LEAVE INTACT ALL RAMP \ �b�� W T�� +��., Ito NON-TREATED BUR,.AP EXISTING 1 ` \' APPROVED BY -» \ - t . � , I 11_ GROWN OF ROOT BALL SHALL BEAR SAME RELATION _ PLANTING MIXTURE RAMMDii ING \ _� I PLA N N \ J_r / P�.At ilt.ec;F,-, n, 4 '+"`Q (OR SLIb{TLY ABOVE) TO FINISHED GRADE A5 IT V__ , s: _ _. .+°.+, �t f' BORE TO PREVIOUS GRADE • ALL PLANT MATERIAL SHALL ESE PLANTED IN A MIXTIRE WHICH WILL CON5!57 OF 50% \ _3 HT1 ' ; V - PINE BARK MULCH 15mm II MIN. TOI�OIL - 50% GO"'F'05T THIS PLANTING MIXTURE SHALL BE V 'FORMLY MIXED ON SITE ON PROPERTIES OF '�::i�f - • 4 L "'° ''' , ,tfi t d AND E3AGKFILLED IN THE PLANT PITS AS INDICATED ON THE PLANTING DETAILS `\ V t G + e 4 'w ; ;:1 --D -D • CREATE 1501L SAUCER WITH TOPSOIL 150mm (6•) MIN • GCMPOST SHALL CONTAIN ORGANIC MATTER OR MATERIAL OF A GENERALLY HUMUS \\ -- __------"- /•j//'/ /' - n, ^I^ NAT_i,E CAPABLE OF SUSTAININ(5 THE GROWTH OF VEGETATION WITH NO FOREIGN D�.TL //'//� �'//�' MATTER (I E GLA PLASTIG,ETC) OR MATERIAL TOXIC TO PLANT GROWTH \�✓V._--' \ I -9 A411:0 40%U N PIN T = }}t — FOLD DOr�I OR GUT AND REMOVE TOP I!3 OF E3VRLAF • GOMPO_T SHALL HAVE THE FOLLOWING MINIMJM REQUIREMENTS OR PROPERTIES � l �� — } • ] -- IF NON-BIODEGRADABLE WRAP 15 USED REMOVE TOTALL" PH 5 S_E,c '_,i ce I-- PREPARED SOIL BACKFILL MJ15T1JRE CONTENT 35% - 55 1 \ I - Lj PARTICLE SIZE < ?' C �" 3)}+ = -- pRLPARCD ADMIXTURE BACKFILL OR NATIVE SOIL G N TI T 10 15-30 I 1 ISI ,Mi - II, ITT7 -� E MAINTENANCE I 6LARANTEC �. __111 = / AI I _ 2X BALL DIA. MIN • UPON 5U-'5TANTIA. COMPLETION OF ALL PLANTING OR AT THE END OF A PI-ANTINC, I - SEASON AN INSPE(:.TION SHALL BE CONDUCTED BY THE LANDSCAPE ARCHITECT UPON \ \ ACCEPTANCE OF PLANTING A GUARANTEE PERIOD OF ONE YEAR SHALL CO^IMC N,EI N' tH x ,0 1, l- mr ",R 6 n- f 6 jP , 2 CONIFEROV5 TREE PLANTIN6 _ A S'-' CG'JAL TO 10% O' THE TOTAL COST Or `HC PLANING SHALL EC ROTA NFD \ c. L-1 NOT TO SCALE DURING THE �IJARAV'EE PERIOD • N•'AINTAIN A'-L MA- OI r ' 'T � EPoER,AL TO SUSTAIN GDOC'. ViC„ .DiJo G vx H• RCI`•'0VC AL_�^CAD PLANT MATERIAL F4oM $ITE 'MMED:ATELY � l\__/J , • r-P_I r A',- PANT YATCRIA,- AS SOON AS r,EATHER CONDITIONS PERMIT 0 / � 'i PREPARED: DECEMBER 8, 2000 • c-, ARAN-EES-"A-L ALS: `O' ER REPAIR OF ANY PA;" 0- THE PR ,E_ GAP•� i�,,/A..--- J q G:-=.,. - ^,r -,,` o`A`-�\". ^R.,.r-., p- _ Y ORIENT REVISED: JAUARY 4, 2001 REVISED: JANUARY 22, 2001 REVISED: APRIL 12, 2001A ' ' REVISED: AUGUST 28, 2001 �• TOWN OF SOUTHOLD �; - -,,,,.,,,,w„�, , REVISED: OCTOBER 9, 2001 - •m!•'• ' REVISED: NOVEMBER 15, 2001 IGF NEY t� ; �' I t l? ``* ©2000 JOHN J. RAYNOR, P.E. & L.S., P.C. 11 �V 3• lff ,m f' SUFFOLK COUNTY, NEW YORK ,I„ Iw ” I O� OWNER/APPLICANT: I I �„ :/,<„n�H ,,,,,N s ,Y,Aw« A« A,., >>NEsf��,. ti� �o` LANDSCAPE NOTE: - - ;i n.�,•” o'P 1I.,,�(+, Z; TAX MAP NOS.: 1000-015,00-09.00-010,001, _-, f 1 x' • * THE LANDSCAPING INFORMATION SHOWN HEREON WAS CROSS SOUND FERRY SERVICES INC JOHN J. RAYNOR, P.E. & L.S., P.C. r � ' i ' 011.001 & 015.001 JAN G 5 2UU2 , _+ ;' S ik� ru TAKEN FROM A PLANTING PLAN PREPARED BY ARAIYAS 2 FERRY STREET CIVIL ENGINEERS A - ' `1P 1 DESIGN, LANDSCAPE ARCHITECTS, DATED JANUARY 17, 2001. P.O. BOX 33 „ ' SURVEYORS SITE PLANNERS �� f i y ro SCALE.' 1 = 20 Soutl old To��� o d.533� � NEW LONDON, CT, 06320 , ' I ,o �. 20 0 20 40 60 nn • i DEERFIELD GREEN P.O. OOX 720 490, 99 A.N OR `' 6"lan��� m I I WATER MILL, N.Y. 11976 ( 631 ) 725-7606 PROFESSI ER N0. 53385 ------moi ..,.W,,...>",_.._w_II r ;A . . ( - _ _ [_....L-. Y -.., _�.. .�, t \*PLOT* REV. OVERALL SITE PLAN (2/00) - 16 [0, 141 PF: 188601 584 OB-Dec-00 10: 16 AM / 1886 - -- - - __ -- - - - - - _. - _ _-J. - - - - - - --- . - - . . . _ - -- _ J1 rjf ury°�o JOSHUA Y.HORTON Town Hall,53095 Route 25 SUPERVISOR P.O.Box 1179 Southold,New York 11971-0959 Fax(631)765-1823 Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD August 12, 2005 VIA FACSIMILE and FIRST CLASS MAIL Mr. Adam Wronowski Cross Sound Ferry Service, Inc. 2 Ferry Street, P.O. Box 33 New London, CT 06320 William W. Esseks, Esq. Esseks, Hefter&Anger__ - 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Anthony S. Guardino, Esq. Farrell Fritz, P.C. EAB Plaza Uniondale, NY 11556-1320 Dear Messrs. Wronowski, Esseks and Guardino: The Town of Southold has been informed that the security level pertaining to the Cross Sound Ferry terminal in Orient has been reduced. As a result,the state of emergency will expire tomorrow at 7 o'clock a.m., and will not be renewed. Accordingly, as of midnight tonight, temporary emergency permission to park vehicles on the residentially-zoned parcel adjacent to the ferry terminal site is hereby revoked. In accordance with my letter dated July 28, 2005, the adjacent parcels, SCTM #1000-15-9- 3.5 and 3.6, will be governed by the existing zoning regulations of the Town of Southold. Parking of vehicles on these parcels is not permitted. J r Messrs. Wronowski, abbeks and Guardino - August 12, 2005 Page 2 Thank you for your cooperation in this matter. Sincerely, Joshua Y. Horton Supervisor JYH/lk cc: Members of the Town Board Members.of the Planning Board Zoning Board of Appeals Patricia A. Finnegan, Esq.,Town Attorney Mr. Edward Forrester, Code Enforcement Director Building Department r �T O P rq ,• s LrI Er ru ri_I Cd Postage $ a: `" ' _ Certified Fee y� cY omft m Return Receipt Fee p (Endorsement Regwred) pe d 17 Restricted Delivery Fee /1 (Endorsement Required) i� S 0 Total Postage&Fees AS` L1") Sen - C3 a (,�C !�P: --- or PO Box No a S/------------------ ru j wIr ru S,,P I Iv { ` Postage $ q Lr, Certified Fee L-1 stma \ C3Return Receipt Fee Here (Endorsement Required) _ ' I=1 Restricted Delivery Fee "p Er p, (Endorsement Required) 1= Total Postage&Fees $ W d Sent To 0 ------ i lti Street ApTf W. or PO Box No. Q-------- ._ — -------- City,State,ZIP+4 :ar - r3 Farrell Fritz, P.C. v / EAB Plaza Uniondale,New York 11556-1320 Telephone 516.227.0700 Fax 516.227.0777 www.farrellfritz.com August 8, 2005 ANTHONY S.GUARDINO PARTNER DIRECT DIAL:(631)367-0782 DIRECT FAX:(516)336-2244bUR`FtLE� `UMBER aguardino@farrellfritz.com ;yet 9 99.11 a BY FAX 631.765.313 AND REGULAR MAIL ' 2005 1� Hon. Jerilyn B. Woodhouse, Chairperson, 1r �y`, and Members of the Planning Board �� Town of Southold P.O. Box 1179 Southold,New York 11971 Re: Cross Sound Ferry Services, Inc., Orient Point Terminal Dear Chairperson Woodhouse and Members of the Planning Board: As you know, Farrell Fritz was recently retained by Cross Sound Ferry Services, Inc. ("CSF") with respect to zoning and other issues that affect CSF's ability to use its Orient Point terminal. It is my understanding from an earlier telephone conversation with Bruno Semon that the Planning Board might be inclined to grant CSF's recent request for an extension of its approved site plan for the so-called "Snack Bar" parcel, provided that CSF agrees to complete the majority of the outstanding site plan conditions within a reasonable period of time. As I mentioned to Mr. Semon, I have not yet received the files from the Esseks law firm. Accordingly, it was not possible to provide Mr. Semon with an indication as to how CSF_planned to proceed at this time. While CSF is hopeful that the recent dialogue with the Town will result in an amicable solution to the outstanding issues, it respectfully requests that the Planning Board refrain from taking any enforcement actions with respect to the site plan until after I have an opportunity to review the files and advise my client. Since the resolution of this matter cannot be resolved by any one Board of the Town, I also believe that it would be helpful if the Planning Board could arrange a meeting where representatives of the Cross Sound Ferry could meet with representatives of the Town Board, Planning Board and Zoning Board to discuss how best to deal with the underlying parking issue. On behalf of Cross Sound Ferry, I thank you for your consideration.. e t y , i Anthony S. Guardino z Hon. Jerilyn B. Woodhouse, Chairperson, and Member of the Planning Board August 8, 2005 Page 2 of 2 Cc: John Wronowski Adam Wronowski Richard MacMurray FFDOCSI\643782 01 Aug-08-05 17:05 From- + T-800 P 0011002 F-436 rMFamI1Fri*tZ5PC- BAB Plaza) Tjz�onda]%New York 11556.1320 Talcphonc 516.227.0700 pnx 516.227.0777 www.fmvluTitz.com August 8,2005 ANTHONV 9,CVARDINO PARTNER UIRIJCTDIAL:(631)367.07BZ OuStnuc NUMBER 1)tTC.CT FAx:(5 16)336-2244 9999.11 a�uarclino(a�farrellfril�,�otn _ BX FA 031.765 31361 AIWD RE G'UL,AlZ MMM Ion. Yerilyn 13. Woodhollse,ChAirperson, and Members of the Planning Board Town of Southold P.O.Box 1179 Southold,New York 11971 Re: GrOSS Sound-FOrry ServIce9,lnc., Orient POInt Terin'nal Bear Chairperson Woodhouse and Members of the Planning Board: As you know, Farrell Fritz was recently retained by Cross Sound Ferry Services, hie. ("CSF") with respect to zoning and other issues that affect CSFs ability to use its Orient Point terminal. it is my understanding fl'om an earlier telephone conversation will'Bruno Semon that The ]Plaiming Hoard might be inclined to grant CSF's recent request for an extension of its approved site plan for the so-called "Snack Bar" parcel, provided that CSF agrees to complete the majority of the outstanding site plan conditions within a reasonable period of time. As I mentioned to W. Semon,I have not yet received the files from the Esseks law firm. Accordingly,it was not possible to provide Mr. Semon with an indication as to how CSF plaruled to proceed at this time. While CSF is hopeful that the recent dialogue with the Town will result in an amicable solution to the outstanding issues,it respectfully requests that the Planning Board refrain from tatting any enforcement actions with respect to the site plan until after I have an Opportunity to review the files and advise my client. Since the resolution of this matter cannot be resolved by any one Board of the Town, I also believe that it would be helpful if the Planning Board could arrange a lueeting where representatives of the Cross Sound Ferry could meet with representatives of the Town Board, Planning Board avd Zoning Board to discuss how best to deal with the underlying parking issue. On behalf of Cross Sound Ferry,I thank you for your consideration.. Anthony S. Guardino E C AUG — 9 2005 Southold Town planning,Boar Aua-08-05 IT:05 From + T-800 P.002/002 F-436 Hon. Jerilyn B, Woodhouse,Chairperson, and Member of the Planning Board August S,2005 Page 2of2 Cc: John.Wronowski Ad=WronoWski Richard MacMurray FFDOCSI w4a7R:.o1 I MAILING ADDRESS: PLANNING BOARD MEMBEnn SO P.O. Box 1179 JERILYN B.WOODHOUSE �O� y�- Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS � � Town Hall Annex KENNETH L.EDWARDS G S Q 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lij'COU '� ' Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOU7 ago Pom ff /wry 7CLdJy 0Lrl yy CERTIFIED MAIL — RETURN RECEIPT REQUESTEDIr ru ru + e3cep n August 8, 2005 to Postage $ u7 Certified Fee Mr. Anthony Gu�+ardino_ C3 Return Receipt Fee Postmark Farrell Fritz, P.C. (Endorsement Required) ® Here Restricted Fee EAB Plaza Er (Endorse ennt Required Uniondale, N.Y. 11556-1320 � Total Postage&Fees RE: Site Plan for Cross Sound Ferry, Orient, NY SCTM# 1000-15-9.1. 11.1 & 15.1 d SQ" r t o.;---_"- ,A Streetor PO dy, tate,ZlP+4 _ "'""' � -- Dear Mr. Guardino, The Planning Board held a work session on August 1, 2005 and considered your request to extend the site plan approval dated February 1, 2002 for the site plan of Cross Sound Ferry, Orient, NY to November 1, 2005. The Planning Board agreed to deny your request, and the site plan has now expired under Town Code §100-255 A. A site visit confirmed that site improvements have not been completed in accordance with the conditions of the approved site plan and resolutions. The Planning Board has referred this matter to the Town of Southold Code Enforcement Officer and the Town Attorney's office for consideration of relevant site plan violations, In response to the reference in your August 1, 2005 letter concerning the Planning Board "revisit(ing)" its requirement that a fence be installed on the eastern boundary, please refer to item # 4 of the attached letter dated July 27, 2005 sent to the firm of Esseks, Hefter & Angel which indicates that the Planning Board did give relief from the condition of the approved site plan. Any future applications to the Zoning Board of Appeals, and/or actions of the Town Supervisor, do not relieve your client of the obligation to comply with the conditions of the approved site plan. Very truly yours, ?Jerilyn B. Woodhouse Planning Board Chairperson cc: Town Attorney, Code Enforcement, Building Department MAILING ADDRESS: { PLANNING BOA 3,F MEMBERS �raF so P.O. Box 1179 JERILYN B.WOO]_ -IOUSE �O� y�lO Southold, NY 11971 Chair OFFIC' TON: WILLIAM J.CREMERS Tov ;,' KENNETH L. EDWARDS G MARTIN H.SIDOR • Q 5437 .ate Route 25 GEORGE D.SOLOMON 0� a (cor.Ma d. &Youngs Ave.) �C�(f � ahold,NY Telegt a: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL— RETURN RECEIPT REQUESTED July 27, 2005 Anthony C. Pasca, Esq. Esseks, Hefter & Angel 108 East Main Street Riverhead, NY 11901-0279 Dear Mr. Pasca: RE: Compliance with Approved Site Plan for Cross Sound Ferry,Orient, NY SCTM# 1000-15-9.1. 11.1 & 15.1 Auqust 1 2005 Deadline This is a follow-up to our May 9, 2005 letter to Mr. Richard MacMurray, Vice President and General Manager, Cross Sound Ferry Services, Inc. (copy attached) and also in reply to your letter of July 25, 2005. As previously noted, your client has failed to demonstrate compliance with the approved site plan* dated, February, 1, 2002 and all conditions of approval set forth in the final resolution. Pursuant to Town Code Section 100-255, all work proposed on an approved site', plan shall be completed within three (3) years from the date of approval, unless the applicant obtains an extension from the- Planning Board. The three-year approval period that elapsed on February 1, 2005, and was extended from that date to August 1, 2005, is about to expire. Site inspections on July 18, 2005, and on July 25, 2005 by Southold Town staff-, revealed that many of the required elements of the approved February 1, 2002 site plan have not been completed (please refer to attached letter). The following discrepancies were observed on this latest site visit: 1. Lighting is inappropriately placed exactly along a state owned railing located on the New York State portion of a New York State R.O.W., located along the west boundary of that parking lot. It is 'required that the Cross Sound Ferry comply with the Board's original request, per approved 1 site plan dated February l,'2002, to place the required lighting on the Cross Sound Ferry side of the Cross Sound Ferry property line, located along the west boundary of that parking lot. Additionally, remove the -lighting poles off of the New York State-owned railing located on the New York State R.O.W., thus bringing the parking lot lighting on to the Cross Sound Ferry-owned property. 2. Restore and maintain the two previously required turnaround locations in parking lot, located at entry and exit locations (along the western boundary of the southerly' and northerly areas of the parking lot). Refer to the approved site plan dated February 1, 2002 for any needed clarification of this parking site requirement. Currently, there are cars parked at this southerly turnaround (required to be fifty feet wide per approved site plan dated February 1, 2002) narrowing it to less than twenty feet in width. 3. As per Jamie Richter, Office of the Town Engineer, we are aware of your assurance that appropriate drainage on the site has been constructed. In order to confirm this, the Town of Southold will perform a site inspection after a heavy rainfall in order to confirm the adequate functioning of*the site drainage. As requested you must show current existing site grading', on the requested existing conditions site plan, to establish that parking lot runoff is not directly entering the Sound. If it is determined that runoff is not prevented,, or that drainage is not functioning adequately, you must perform the re-grading of the site to comply with the approved site plan dated February 1, 2002. 4. Install the appropriate fence posts' on your recently installed fence post footings along the eastern property line. Install roping between said fence posts and immediately cease to use the area east of the property line. 5. There is an awareness (cited by the Cross Sound Ferry at the July 18, 2005 site visit) of a need to create a safe means of pedestrian movement across the,site in an east/west direction, providing for pedestrians walking across the site, to and from the parking lot. This issue was raised by Cross Sound Ferry, and the Planning Department would like to know if any plan of action has been provided to resolve this safety issue. 6. Show the Cross Sound Ferry site as it actually exists; specifically, include any and all underwater property owned by the Cross Sound Ferry on this site. 7. Asphalt paving of the eastern handicap parking space is required, but does not exist. Handicap parking improvements required by the February 1, 2001 approved site plan have been partially acted upon but not completely satisfied. 2 Please inform the Planning Board by August 1, 2005 of the completion status of all the remaining outstanding site plan elements indicated in this letter, in the attached letter dated 5/9/2005, and in the approved site plan dated February 1, 2002. Thank you for your prompt attention to this requirement. Very truly yours, Jerilyn B. Woodhouse Chairperson enc. ��Cross`Sound cc: ichard acMurray, Ferry Services Inc. Town Attorney Code Enforcement Building Department Engineering Inspector 3 FORM NO. 3 � - NOTICE OF DISAPPROVAL SGS J 10 DATE: August 3, 2005 RENEWED/AMENDED: December 28, 2005 TO: Esseks, Hefter&Angel A/C A&J L.I. Realty 108 East Main Street Riverhead, NY 11901 Please take notice that your application dated August 3, 2005 For a permit for a parking lot at Location of property: 300 Point Road, Orient,NY County Tax Map No. 1000 - Section 15 Block 9 Lot 3.5 &3.6 Is returned herewith and disapproved on the following grounds: The proposed parkin lot of requires Zoning Board of Appeals approval pursuant to Article XIX Section 100-191H. In addition site-plan approval is required from the Southold Town Planning Board. u th zed ig4atureL Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: file, Z.B.A., Planning DEC 2 9 2005 ,t . FORM NO. 3 NOTICE OF DISAPPROVAL VL_ DATE: August 3, 2005 TO: Esseks, Hefter&Angel A/C A&J L.I. Realty 108 East Main Street Riverhead,NY 11901 Please take notice that your application dated August 3, 2005 For a permit for a parking lot at Location of property: 300 Point Road, Orient,NY County Tax Map No. 1000 - Section 15 Block 9 Lot 3.5 & 3.6 Is returned herewith and disapproved on the following grounds: The proposed parkin lot requires Zoning Board of Appeals approval pursuant to Article XIX Section 100-91H. In ad ' ' n site plan approval is required from the Southold Town Planning Board. I rize- Signa ure Note to Applicant: Any chang ove-refereneed application, may require further review by the Southold Town Building Department. Cc: file, Z.B.A. tRk EWE I AUG o 8 Southold Town Planning Boar+ Ar Farrell Fritz, P.C. , EAB Plaza (� �N j� Uniondale,New York 11556-1320 E C E U�-`� E Q Telephone 516.227.0700 �---- ®-- � Fax 516.227.0777 www.furellfritz.com AUG - 5 2005 August 1, 2005 Southold Town ANTHONY S.GUARDINO Planning;Poar+ PARTNER __ DIRECT DIAL:(631)367-0782 DIRECT FAX:(516)336-2244 OUR FILE NUMBER aguardino@farrellfritz.com 9999.11 BY FAX(631.765.3136)AND REGULAR MAIL Hon. Jerilyn B. Woodhouse, Chairperson, and Members of the Planning Board Town of Southold P.O. Box 1179 Southold,New York 11971 Re: Cross Sound Ferry Services,Inc., Orient Point Terminal Dear Chairperson Woodhouse and Members of the Planning Board: Farrell Fritz was recently retained by Cross Sound Ferry Services, Inc. ("CSF") with respect to zoning and other issues that affect CSF's ability to use its Orient Point terminal. Based on my review of the situation, the New York State Town Law and Southold Town Code provide CSF with several options by which it may pursue approval from the Zoning Board of Appeals to allow for additional parking on the parcels located adjacent to, and east of, the terminal. To that end, CSF is pursuing an application to the Southold Zoning Board of Appeals ("Zoning Board") which it intends to file shortly after the Town Building Department denies the building permit application that was previously submitted by CSF. Inasmuch as an approval by the Zoning Board of CSF's request to use the adjacent lots for additional parking will require access from CSF's existing parking lot on the so-called "Snack Bar" parcel, CSF may ask the Planning Board to revisit its requirement that a fence be installed along that parcel's eastern boundary. Since the Planning Board's site plan approval for the Snack Bar parcel will lapse if it fails to install the fence by August 1, 2005, CSF is hereby requesting that the Planning Board extend its approval until November 1, 2005. In the meantime, CSF will continue to work with the Town, Police and National Guard to assure that security concerns are addressed at the CSF facility and on Route 25. At this time of heightened security, the parcels located east of the terminal are and will continue to be used for parking at the request of the Supervisor Horton. The use of these parcels for additional parking also precludes CSF from complying with the Planning Board's requirement for a fence along that parcels' eastern boundary and is itself a justification for extending the Planning Board's V Hon. Jerilyn B. Woodhouse, Chairperson, and Member of the Planning Board August 1, 2005 Page 2 of 2 also precludes CSF from complying with the Planning Board's requirement for a fence along that parcels' eastern boundary, and is itself a justification for extending the Planning Board's approval. On behalf of Cross Sound Ferry, I thank you for your consideration of this request and await the Board's response. Very y , Anthony S. Guardino Cc: John Wronowski Adam Wronowski Richard MacMurray FFDOCSI\642626 01 MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 JERILYN B.WOODHOUSE O�`` y�l Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDSG • Q 54375 State Route 25 MARTIN H.SIDOR �`� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lif'COU � Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: August 4, 2005 To: Patricia Finnegan, Town Attorney From: Bruno Semon, Senior Site Plan Reviewer Re: Cross Sound Ferry Status: Expired Site Plan, in violation Required Return Date: N/A In reference to the above, attached you will find a copy of the requested Cross Sound Ferry File. Thank you in advance. cc: Enc.: Copy of items from file d Pa�l,� F Neville, Elizabeth 4"S vt_ From: Lifestoriesl@cs.com RECEIVED Sent: Saturday, July 30, 2005 3:09 PM To: Neville, Elizabeth AUG Ll 1 2005 Cc: nfec@optonline.net Subject: CS Ferry Parking Permission Southold Town Clerk To Southold Town Board: Supervisor Horton's concession to allow parking in the CSF's east field is effectively an end run that (a) circumvents your ruling not to consider CSR's request for zoning changes and(2) undermines laws the rest of us must abide by. Just how"temporary"will this measure be? Donna Kenny #1-Al Cleaves Point Condominiums Shipyard Lane East Marion, NY Sown ' Southo\d�oacc+ �plann+n� 8/1/2005 Sk RECEIVED From: Lifestoriesl@cs.com Sent: Saturday, July 30, 2005 3:09 PM AUG 1 2005 To: Neville, Elizabeth Cc: nfec@optonline.net Subject: CS Ferry Parking Permission Southold Tovid CleA To Southold Town Board: Supervisor Horton's concession to allow parking in the CSF 's east field is effectively an end run that (a) circumvents your ruling not to consider CSR's request for zoning changes and (2) undermines laws the rest of us must abide by. Just how"temporary"will this measure be? Donna Kenny #1A1 Cleaves Point Condominiums Shipyard Lane East Marion, NY - E tt SPo�u��ho\a Farrell Fritz, P.C. S EAB Plaza Uniondale,New York 11556-1320 Telephone 516.227.0700 Vt_ Fax 516.227.0777 www.farrellfritz.com August 1, 2005 ANTHONY S.GUARDINO PARTNER DIRECT DIAL:(631)367-0782 DIRECT FAX:(516)336-2244 OUR FILE NUMBER aguardino@farrellfritz.com 9999.11 BY FAX(631.765.3136)AND REGULAR MAIL s Hon. Jerilyn B. Woodhouse, Chairperson, --- T—� and Member of the Planning Board ., . Town of Southold P.O. Box 1179 AUG - 2 Southold,New York 11971 so ct�old Town 376 Atlantic Avenue Fla�mrgPoar`� East Rockaway,New York 11518-0189 Re: Cross Sound Ferry Services,Inc., Orient Point Terminal Dear Chairperson Woodhouse and Members of the Planning Board: Farrell Fritz was recently retained by Cross Sound Ferry Services, Inc. ("CSF") with respect to zoning and other issues that affect CSF's ability to use its Orient Point terminal. Based on my review of the situation, the New York State Town Law and Southold Town Code provide CSF with several options by which it may pursue approval from the Zoning Board of' Appeals to allow for additional parking on the parcels located adjacent to, and east of, the terminal. To that end, CSF is pursuing an application to the Southold Zoning Board of Appeals ("Zoning Board") which it intends to file shortly after the Town Building Department denies the building permit application that was previously submitted by CSF. Inasmuch as an approval by the Zoning Board of CSF's request to use the adjacent lots for additional parking will require access from CSF's existing parking lot on the so-called "Snack Bar" parcel, CSF may ask the Planning Board to revisit its requirement that a fence be installed along that parcel's eastern boundary. Since the Planning Board's site plan approval for the Snack Bar parcel will lapse if it fails to install the fence by August 1, 2005, CSF is hereby requesting that the Planning Board extend its approval until November 1, 2005. In the meantime, CSF will continue to work with the Town,Police and National Guard to assure that security concerns are addressed at the CSF facility and on Route 25. At this time of heightened security, the parcels located east of the terminal are and will continue to be used for parking at the request of the Supervisor Horton. The use of these parcels for additional parking 9 Hon. Jerilyn B. Woodhouse, Chairperson, and Member of the Planning Board August 1, 2005 Page 2 of 2 also precludes CSF from complying with the Planning Board's requirement for a fence along that parcels' eastern boundary and is itself a justification for extending the Planning Board's approval. On behalf of Cross Sound Ferry, I thank you for your consideration of this request and await the Board's response. Very t y , Anthony S. Guardino Cc: John Wronowski Adam Wronowski Richard MacMurray FFDOCS11642626.01 Aug-01-05 14:43 From- + T-653 P.001/003 F-304 k4RmLL FRrrz,P.C. EAD PLAZA 1 13th- West Tower Uniondale,NY 11556 FROM: AN'THONYS. GUARDINO DATE: 08/01/05 PHONE: 516-227-0669 _ CLIENT/MATTER: — PLEASE DELIVER AS SOON A.S PbSSIBLE TO: R>Gel?(UNT COMPANY I FAx NO. PHONE NO. Yvon.Jerilyn B.Woodhouse, Town of Southold � ' 631-765-3136 Chairperson,and Members of the Planning Board i The original of the transmitted document will be sent by: ❑Ordinary Mail Elmessenger Overnight Mail EITHIS WILL BE THE ONLY FORM OF DELIVERY I I Total n=ber of pages including this page: If you do not receive all the pages,please tail (516)227-0669 So'� oa p�a;,n�rc 9 PLEASE TAKE NOTICE.Thi3 tranatnissiou is a privileged and confidan}ial eommLmication byana#tornoy to an intended recipient. Any disseminatiou of this communication is strictly probibiled. If you leave T9ceived this dpcument and are not the intended recipient, p103C notify us immediately by telvplxone, collect if r:ecassary, f©r inst=tionh to facilitate the return of this communication. Thank you for your anticipated cooperation. GGpOCS1UTCILLI3P�N�ftui.tBPtr'16�6154.af ` Apnl 20,aaos—oa:ai PM F I jam i Town of Southold V-5 Planning Department Staff Report - a Site Plans �� April 26, 2005 l� From: Bruno Semon, Senior Site Plan Reviewer To: Planning Board I. Application Information Project Title: Cross Sound Ferry Services, Inc. Site Plan Prepared By: John Raynor, P.E. - Date of Map: 12/8/00 and last revised 11/15/01 Date of Submission: 01/25/02 Applicant: Cross Sound Ferry Services, Inc. Agent: Richard E. Warren, President Inter- Science Research Associates, Inc. PO Box 120, 136 Nugent Street Southampton, NY 11969-1201 Tax Map Numbers: 1000-15-9-10.1, 11.1,15.1 Project Location: 411909 41270 & 41370 NYS Road 25 Hamlet: Orient Zoning District: Marine II District II. Description of Project This amended site plan is for the entire site to include improvements on a 4.06 acres parcel in the Mll Zone located at the s/s/o of NYS Road 25 in Orient. SCTM#(s) 1000-9.- 10.1, 11.1 & 15.1 Number of Lots Proposed: 3 Lots Type of Access Provided: NYS Road 25 III. Site Plan Data Present Land Use: Ferry Terminal as described under Town Code 100-121-B- section 2. Existing Structures: • SCTM# 15-9-10.1 = Single family dwelling • SCTM# 15-9-11.1 = Terminal Building • SCTM# 15-9-15.1 = Snack bar and unlisted use of an existing building April 26, 2005, Cross Suand Ferry continued, page two N IV: Permits and/or Review Required From Other Agencies December 11, 2001 Planning Board granted final site plan approval with 12 conditions. Attached is a copy of the Planning Board Final resolution. Pursuant to Town Code Section 100-255 as shown below it appears the three-year date has elapsed. § 100-255: Duration of plan. "An approved site development plan shall be valid for a period of three (3) years from the date of approval. All work proposed on the plan shall be completed within three (3) years from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board." January 12, 2002 John Wronowski of the Cross Sound Ferry endorsed the site plan in compliance with the Town Code 100-254 I below. "I. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval." February 1, 2002 the Planning Board Chairman endorsed the site plan. As of April 25, 2005 no new building permits have been issued. Research indicates building permit number BP# 16856 dated 03/14/88 & BP# 18984 dated 04/25/90 are the last BP's in the AS400 computer system to be issued. In addition no certificate of occupancy are in the AS400 system for these BP's. As of April 25, 2005 the Planning Department has not received information on approval from the NYS DOT-for the highway work improvements. The final resolution condition #12 stated "The applicant shall secure approval from the NYS Department of Transportation for the improvements shown on the site plan". V: Proiect Site Analysis A site visit took place on April 18, 2005 with Bruno Semon, Edward Forrester, Jamie Richter & John Sepenoski at 12:00pm. The following discrepancies were observed in referenced to the approved site plan: SCTM# 15-9-11.1: • A new ticket booth/shed is located on the entrance to the terminal on the north side of the property. Cross Sound Ferry—Page Three - August 21, 2003 SCTM# 15-9-12.1: • A new brick walk was installed on 15-9-12.1 for the pedestrian crosswalk connecting 15-9-11.1 parking lot and the NYS Road 25. • The balance of the pedestrian walk has not been installed on the NYS 25. SCTM# 15-9-15.1: • It appears the french drains A, B & C have not been installed in the parking lot. • At this time the 25'x40' emergency access area on the north side of snack bar was blocked with parked cars and the 50'x40' emergency access area on the south side of snack bar was blocked with parked cars. Both emergency access areas were partially blocked. • The 15' emergency access aisle is not delineated. • The ADA handicapped parking space does not match the approval. • The existing sidewalk at snack bar has not been extended as shown. • No ramp has been installed at the snack bar as shown. • No wooden guide rails have been installed along property line on the east side of the parcel as shown. • Still missing light fixtures along the property line as shown. • The stone parking area is in need of re-grading to eliminate depressions. • Apply stone/gravel to the surface as noted. • The natural buffer planting on the east has been partially removed. • The berm on the south side may need to be verified that it conforms to the Town Trustee permit # 5408. • A new shed structure is now in place on the north eastside of the snack bar. See attached digital image. • It appears that the parking lot has encroached onto the property east known as SCTM# 15-9-3.5. See attached digital image. • The wood barrier or guardrail does not define the eastern border of the property. • A dumpster is now present and not shown on the site plan along the east boundary. VI: Staff Recommendations In summary the site plan appears to be in non-compliance with the approved signed site plan and or resolution conditions. The applicant of the Cross Sound Ferry Services, Inc. was notified by letter on August 21, 2003 in reference to most of the deficient items. See attached letter. File Attachments cc:pb,vs,tajh,efjrj s r o N 345 500 o e 1.7 1.4 "sx " 11A1d 1.2 19A 15�, 16` 1T opo"1.1 14A 1.1A 1.5 13 14 11A s In ° n r 1.OA Iso', 19 s " 2 .1lAld _ ,sLAlHAM \ 1,'•I -25 _24 _23 _22 _21 s �1.ANOSSCR . 1 22 l 0A !�Y 1.23 ----- �P S CH.D .2 n„1 innvn0 mx '44 "145s o1Bs'a 1z1 �- Irxl r, .r. 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NOTICE MAINTENANCE,ALTERATION,SALE OR ebb R E e T91N Of SOUTHOLD SECTION NO DISTRIBUTION OF ANY PORTION OF THE Real Property Tax Service Agency Y SUFFOLK COUNTY TAX MAP IS PROHIBITED o1 °a County Center Riverhead,N Y 11901 015 VILLAGE OF 0 15 WITHOUT WRITTEN PERMISSION OF THE "�° SCALE IN FEET m 014 REAL PROPERTY TAX SERVICE AGENCY 4� 200 4°a A 132 P 070 079 DISTRICT NO 1000 ko =: PROPERTY MAP "'.' •' ...-;..'..T.��.�, �T__^�_T CONVERSION DATE n.09 199e I -mac) lee s— ISO OR g Y MM F. "IR 12 .......... eta e VEX' "i-O-q- NIMP RM iVE "p M 0- "�•''>rr-'~ Pio E`','(,{. II.-7.-P M .5t . SA, as *F�' xp -W An"'o a 4 � -,� SO, "M�R�. 30M �-ggq I 21ZOMF�1" �74 6%,lv a do ,000 � rf 40 A 3 r. s i 1 � � SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A at } item 4 if Restricted Delivery Is desired. ;Wj13Agent t ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. c ived rine d Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 1`Ol or on the front if space permits. - 1 D. Is delive 1. Article Addressed to: address different from item 17 ❑Yes __ If YES, ter delivery address below: ❑No 3. Service Type J vlyt CT ❑Certified Mail ❑Express Mail i (� ❑Registered ❑Return R,ecelpt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?,(Extra Fee) ❑Yes i2. Article Number 1 I (Transferfro`mservicelatieq `;' 7005 ;0390 0005; 822.9;;5041' l PS Form 3811,February 2004 Domestic Return Receipt io2595-02-M-1540 t :• :r. , , I i COMPLETE • ON DELIVERY SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A Signat _ item 4 if Restricted Delivery is desired. ❑Agent / ■ Print your name and address on the reverseer'ssee +( so that we can return the card to you. g, dd by(Print d Name) C. Date of Delivery I } ■ Attach this card to the back of the mailpiece, -7" or on the front if space permits. ��'� / i D. Is delivery address different from m 17 es 1. Article Addressed to: If YES,enter delivery address below: ❑No (�O /Z 1Q�r� J •' 3. Service Type ❑Certified Mail ❑Express Mail " /C,01 '" -�� 13Registered [3ReturnReceipt for Merchandise f j ❑ Insured Mail ❑C.O.D. i 4. Restricted Delivery?,(Extra Fee) ❑Yes i 2. Article Number 7005 0390 00058229 6109 j (Transfer from service label PS Form 3811,February 2004 i ',Domestic Return Receipt 102595-02-M-1540 I rJ Farrell Fritz, PC.' EAB Plaza Uniondale,New York 11556-1320 Telephone 516.227.0700 Fax 516.227.0777 - www.fmTellfritz.com August 1, 2005 ANTHONY S.GUARDINO PARTNER DIRECT DIAL:(631)367-0782 DIRECT FAX:(516)336-2244 OUR FILE NUMBER. aguardino@farrellfritz.com 9999.11 BY FAX(631.765.3136)AND REGULAR MAIL Hon. Jerilyn B. Woodhouse, Chairperson, ' and Member of the Planning Board Town of Southold P.O. Box 1179 Southold,New York 11971 376 Atlantic Avenue East Rockaway,New York 11518-0189 Re: Cross Sound Ferry Services,Inc., Orient Point Terminal Dear Chairperson Woodhouse and Members of the Planning Board: Farrell Fritz was recently retained by Cross Sound Ferry Services, Inc. ("CSF") with respect to zoning and other issues that affect CSF's ability to use its Orient Point terminal. Based on my review of the situation, the New York State Town Law and Southold Town Code provide CSF with several options by which it may pursue approval from the Zoning Board of Appeals to allow for additional parking on the parcels located adjacent to, and east of, the terminal. To that end, CSF is pursuing an application to the Southold Zoning Board of Appeals ("Zoning Board') which it intends to file shortly after the Town Building Department denies the building permit application that was previously submitted by CSF. Inasmuch as an approval by the Zoning Board of CSF's request to use the adjacent lots for additional parking will require access from CSF's existing parking lot on the so-called "Snack Bar" parcel, CSF may ask the Planning Board to revisit its requirement that a fence be installed along that parcel's eastern boundary. Since the Planning Board's site plan approval for the Snack Bar parcel will lapse if it fails to install the fence by August 1, 2005, CSF is hereby requesting that the Planning Board extend its approval until November 1, 2005. In the meantime, CSF will continue to work with the Town,Police and National Guard to assure that security concerns are addressed at the CSF facility and on Route 25. At this time of heightened security, the parcels located east of the terminal are and will continue to be used for parking at the request of the Supervisor Horton. The use of these parcels for additional parking Hon:Jerilyn B. Woodhouse, Chairperson, and Member of the Planning Board August 1, 2005 Page 2 of 2 also precludes CSF from complying with the Planning Board's requirement for a fence along that parcels' eastern boundary and is itself a justification for extending the Planning Board's approval. On behalf of Cross Sound Ferry, I thank you for your consideration of this request and await the Board's response. 9 Very t y , Anthony S. Guardino Cc: John Wronowski Adam Wronowski Richard MacMurray FFDOCS11642626.01 o�&,V so!/T�ol A Y.`HORTON ~ Town Hall, 53095 Route 25 ..tiUPERVISOR P.O.Box 1179 % Southold,New York 11971-0959 Fax(631) 165-1823 oumi Telephone(631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD July 28, 2005 VIA FACSIMILE and FIRST CLASS MAIL "r� i �✓ ��vl� Mr. Adam Wronowski Cross Sound Ferry Service, Inc. 2 Ferry Street, P.O. Box 33 New London, CT 06320 William W. Esseks, Esq. Esseks, Hefter&Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Dear Messrs. Wronowski and Esseks: As we have recently discussed, the Town of Southold has been notified by the Governor of the State of New York that effective immediately, in order to meet the recently established "high alert" national security status for transportation, the National Guard has been deployed to join with the Town of Southold Police Department in conducting searches of all commercial vehicles and random passenger vehicles at the Cross Sound Ferry terminal at Orient Point. We are informed that this is a temporary national security measure, but have not been informed as to the duration of this engagement. In order to comply with these heightened security directives in the safest manner possible, and due to the space constraints within the Cross Sound parking area, it is necessary to conduct the searches of the larger commercial vehicles outside of the Cross Sound Ferry parking and loading area, on the shoulder of State Route 25. As a result, the Town of Southold Police Department will cone off the sides of Route 25 for an appropriate distance in order to perform these mandated searches. The Town Board of the Town of Southold has thus asked for the cooperation of Cross Sound Ferry to permit the overflow ferry parking currently utilizing State Route 25 to be directed, on a temporary and emergency basis only, to the vacant field owned by Cross Sound Ferry to the east of the ferry terminal. You and your employees have ensured us that a safe and orderly system for routing such traffic can be achieved immediately. Messrs. Wronowski ar_ Tsseks July 28, 2005 'Page 2 As we have discussed, the Town's permission to park vehicles on this vacant lot is limited to this temporary emergency activity related to national security directives. This limited permission should not be construed as any grant of zoning, site plan or other regulatory approval of any kind, nor shall it be taken as any waiver of the Town's power to regulate, approve, deny or condition the use of these properties. Any and all required approvals shall continue to be required as provided by law. The Town will notify you immediately once it receives notice either that the heightened security status has been lifted or if it determines for any other reason that parking in the adjacent lot must be discontinued. I wish to thank you for your swift cooperation with these important matters. incerely, Joshua Y. Horton Supervisor JYH/lk cc: Members of the Town Board Members of the Planning Board Zoning Board of Appeals Patricia A. Finnegan, Esq., Town Attorney Mr. Edward Forrester, Code Enforcement Director Building Department 1 ' FOR INTERNAL USE ONLY— SITE PLAN USE DETERMINATION Initial Determination Date: Date Sent: _1,21 ✓� Project Name: 14&s-s & e)N_6 Project Address: b Suffolk County Tax Map No.:1000- / Zoning District: Request: 0.e_'Y (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: geinl�7Eb ,ky ',64 _&WQ4 ?t Initial Determination as to whether site plan is required:c��fe Ufa-U �2�7, Signatu uilding Inspec Planning Department (P.D.) Referral: P.D. Date Received: 7 /;/Or— Date of Comment: Comments: 4�,e gm -Xi-2 - zz Signature of PlAnir g DJeDt. ?tyffZftvie e Final Determination Southold Town Date: / / __ Flaonm., Decision: Signature of Building Inspector Ml 1 , ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P O. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z HEFTER MONTAUK HIGHWAY STEPHEN R ANGEL TELECOPIER NUMBER(631) 369-2065 P 0. BOX 570 JANE ANN R KRATZ WATER MILL, N.Y. 11976 WILLIAM POWER MALONEY (631) 726-6633 CARMELA M DI TALIA ANTHONY C. PASCA NICA B. STRUNK NANCY SILVERMAN July 27, 2005 LISA J. Ross THEODORE D. SKLAR , OF COUNSEL By Hand Town of Southold Building Department 53095 Route 25 Southold, NY 11971 Attn: Damon Rallis Re. Application for Notice of Disapproval Dear Mr Rallis: As we discussed earlier today, we are asking the Building Department to issue a Notice of Disapproval in order to allow us to make an application to the Zoning Board of Appeals for an approval to allow parking on the residentially-zoned properties adjacent to the Cross Sound Ferry Services terminal. The Zoning Board is authorized to give such an approval under § 100- 191H of the Code of the Town of Southold. But before we can apply to the Zoning Board, we need a Notice of Disapproval from your office. Per your instructions, I'm enclosing a building permit application (filled out as much as possible under the circumstances), a copy of our survey, a copy of our"Concept Plan," and a check for $35 00 We would greatly appreciate if the Notice of Dissapproval can be expedited, as we have told several Town officials that we would file the ZBA application by August 1, 2005. When the Notice of Disapproval is ready, please give me a call and we will send someone to pick it up by hand to avoid the delay of mailing If you have any questions, do not hesitate to contact me 4Anth yours, . Pasca Encls r Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere,provided that all spaces therein are located with two hundred(200) feet walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by the Board of Appeals. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions approved by the Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere (unless municipally owned spaces are utilized in accordance with § 100-191A above). NA T) s 1 MAILING ADDRESS: PLANNING BOA; 1LD. MEMBERS *QF SO P.O. Box 1179 JERILYN B.WOOL dOUSE O�. y�l Sout bola, NY 11971 Chair Q WILLIAM J.CREMERS y — n Tov KENNETH L.EDWARDS G lel o ° °�° ° o ,[] - MARTIN H SIDOR � "' am o GEORGE D.SOLOMON D° ,_9 0° u1 ° ru ru PLANT] ru [t t I Ia TO� cd ?D Postal `� J Postage $ TOV1 Lrl V uy Certified FEM Certified Fee 1 197', d I C Return Receipt F1= Return Receipt Fee Po"St lar (Endorsement Require (Endorsement Required) it c ere ! C] Restricted Delivery F d Restricted Delivery Fee J CERTIFIED MAIL — RETURN RE M (Endorsement Regwrt, M (Endorsement Required) �s Im Total Postage&Fe 0 Total Postage&Fees $ q'co July 27, 2005 1 o Sent Tod SentTO05 Q S -------- -------- --------------------------------- ft SFreet,Apt o.; r Street,Apt No.; i------------------______ Anthony C. Pasca, Esq. crPOBoxNo. 01 or PO Box No. D� -------------------- Esseks, Hefter & Angel City,state,Z%P+4 i%tr siate,-za' ------------------- ----------- -------------------------- 108 East Main Street _ r A) G#Tdi� .o0 4� :oo Riverhead, NY 11901-0279 - -- Dear Mr. Pasca: RE: Compliance with Approved Site Plan for Cross Sound Ferry, Orient, NY SCTM# 1000-15-9.1, 11.1 & 15.1, August 1, 2005 Deadline This is a follow-up to our May 9, 2005 letter to Mr. Richard MacMurray, Vice President and General Manager, Cross Sound Ferry Services, Inc. (copy attached) and also in reply to your letter of July 25, 2005. As previously noted, your client has failed to demonstrate compliance with the approved site plan dated February 1, 2002 and all conditions of approval set forth in the final resolution. Pursuant to Town Code Section 100-255, all work proposed on an approved site plan shall be completed within three (3) years from the date of approval, unless the applicant obtains an extension from the Planning Board. The three-year approval period that elapsed on February 1, 2005, and was extended from that date to August 1, 2005, is about to expire. Site inspections on July 18, 2005, and on July 25, 2005 by Southold Town staff, revealed that many of the required elements of the approved February 1, 2002 site plan have not been completed (please refer,to attached letter). The following discrepancies were observed on this latest site visit: 1. Lighting is inappropriately placed exactly along a state owned railing located on the New York State portion of a New York State R.O.W., located along the west boundary of that parking lot. It is required that the Cross Sound Ferry comply with the Board's original request, per approved 1 site plan dated February 1, 2002, to place the required lighting on the Cross Sound Ferry side of the Cross Sound Ferry property line, located along the west boundary of.that parking lot. Additionally, remove the lighting poles off of the New York State-owned railing located on the New York State R.O.W., thus bringing the parking lot lighting on to the Cross Sound Ferry-owned property. 2. Restore and maintain the two previously required turnaround locations in parking lot, located at entry and exit locations (along the western boundary of the southerly and northerly areas of the parking lot). Refer to the approved site plan dated February 1, 2002 for any needed clarification of this parking site requirement. Currently, there. are cars parked at this southerly turnaround (required to be fifty feet wide per approved site plan dated February 1, 2002) narrowing it to less than twenty feet in width. 3. As per Jamie Richter, Office of the Town Engineer, we are aware of your assurance that appropriate drainage.on the site has been constructed. In order to confirm this, the Town of Southold will perform a site inspection after a heavy rainfall in order to confirm the adequate 'functioning of the site drainage. As requested you must show current existing site grading, on the requested existing conditions site plan, to establish that.parking lot runoff is not directly entering the Sound. If it is determined that runoff is not prevented, or that drainage,is not functioning adequately, you must perform the re-grading of the site to comply with the approved site plan dated February 1, 2002. 4. Install the appropriate fence posts on your recently installed fence post footings along the eastern property line. Install roping between said fence posts and immediately cease to use the area east of the property line. 5. There is an awareness (cited by the Cross-Sound Ferry at the July 18, 2005 site visit) of a need to create a safe means of pedestrian movement across the site in an east/west direction, providing for pedestrians walking across the site, to and from the parking lot. This issue was raised by Cross Sound Ferry, and the Planning Department would like to know if any plan of action has been provided to resolve this safety issue. 6. Show the Cross Sound Ferry site as it actually exists; specifically, include any and all underwater property owned by the Cross Sound Ferry on this site. 7. Asphalt paving of the eastern handicap parking space is required, but does not exist. Handicap parking improvements required by the February 1, 2001 approved site plan have been partially acted upon but not completely satisfied. 2 Please inform the Planning Board by August 1, 2005 of the completion status of all the remaining outstanding site plan elements indicated in this letter, in the attached letter dated 5/9/2005, and in the- approved site plan dated February 1, 2002. Thank you for your prompt attention to this requirement. Very truly yours, Jerilyn B. Woodhouse Chairperson enc. cc: 4 Pichard acMurray, Cross Sound Ferry Services Inc. Town Attorney Code Enforcement Building Department Engineering Inspector 3 � o _ JJ� E,SSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. EsSEKS (631) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R.ANGEL TELECOPIER NUMBER(631) 369-2065 P O Box 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 (63 1) 726-6633 WILLIAM POWER MALONEY CARMELA M DI TALIA ANTHONY C PASCA NICA B. STRUNK NANCY SILVERMAN July 25, 2005 ` LISA J. Ross THEODORE D. SKLAR f}9'� ® ��S OF COUNSEL Planning Board Office Town of Southold P.O. Box 1179 Town Hall Annex e 54375 State Route 25 1�± Southold, NY 11971 J U L 2 6 2005 Attn.: Bruno Semon Teen t Re: Cross Sound Ferry Services, Site Plan Dear Mr Semon: Thank you and the Town's engineer, Mr Richter, for meeting with us at the Orient site last week to discuss site plan issues. As we discussed, Cross Sound is making every effort to bring the site into conformance with the approved site plan Specifically, Cross Sound is going through the items listed in the May 9, 2005 letter from Chairperson, Jerilyn B. Woodhouse. Most of the items have been addressed already (many had been addressed long before the May 9th letter). For example, as we indicated at our meeting, the three French drains were previously installed when the site plan was initially approved. The required plantings were also done at that time. One of the questions we discussed at our meeting was whether it was prudent at this time to put up the wood barrier on the eastern border of the property (item numbered 12 of the 5/9/05 letter). Cross Sound has installed the footings for the wood-barrier guardrail, and the wooden sections are in the process of being assembled and should be ready for installation by August 1, 2005. But, as Mr. Richter noted, erecting the guardrail at this time would displace existing parking spaces and force more cars to park on the shoulder of Route 25. As you may know, the Town Board recently characterized the parking on the shoulder of Route 25 as an "extreme and urgent safety concern." We are trying to ameliorate that condition by making an application to ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW July 25, 2005 Page 2 of 2 the Zoning Board for an approval to park cars on the adjacent properties (with no other structures on the property), and we expect to have that application filed by August 1, 2005. In light of those issues, the Town's engineer, our surveyor, and I discussed with you at our meeting last week whether the completion of the wood-barrier guardrail could and should be held in abeyance pending the application to the ZBA, so as not to exacerbate the condition that the Town Board characterized as an "extreme and urgent safety concern" or to cause further hardship on those traveling on Route 25, including the residents and visitors of the Town who are using Cross Sound's water carrier service. If the ZBA ultimately grants the application for parking on the adjacent property, the public will have an alternative place to park after the wood-barrier guard rail is installed. Moreover, the Planning Board will be reviewing the site plan for the entire property during the application process, thus placing in question whether the guardrail would be needed at all (the Planning Board may determine at that time that the guardrail is not necessary to separate the parking areas). Please discuss this issue with the Planning Board and let us know whether we can hold off on the final installation of the guardrail pending the application to the ZBA. We look forward to working with the Planning Board, you, and the Town's engineer to resolve all of these issues Feel free to contact me at any time to discuss issues regarding the site plan. Vefty ours, AnPasca cc.: Jamie Richter John J. Raynor ! MAILING ADDRESS: PLANNING BOARD MEMBt-,L6' ��DF sv�ryo P.O. Box 1179 JERILYN B.WOODHOUSE hQ �� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cn ac Town Hall Annex KENNETH L.EDWARDS �� 54375 State Route 25 MARTIN H.SIDOR �, (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON coo �� Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 William W. Esseks, Esq. Esseks, Hefter &Angel 108 East Main Street Riverhead, NY 11901-0279 Re: Extension of the Site Plan for Cross Sound Ferry SCTM #1000-15-9-10.1, 11.1 & 15.1 Zone: M-11 Dear Mr. Esseks: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 13, 2005: WHEREAS, Cross Sound Ferry Services, Inc. received site plan approval with conditions from the Southold Town Planning Board for the entire site on February 1, 2002; and WHEREAS, the final approval of the site plan expired on February 1, 2005 and the attorney for the applicant sought to extend such approval; be it therefore RESOLVED that the Southold Town Planning Board grant a six-month extension from February 1, 2005 to August 1, 2005 to the final approval with conditions, subject to fulfillment of the following new condition which must be met by the close of the extension: All site improvements shown on the site plan date signed February 1, 2002 be completed and all conditions be met as approved in the resolution dated December 11, 2001. Cross Sound Ferry— Page Two — 06/14/05 If you have any questions regarding the above, please contact this office. Very truly yours, 2erilyn B. Woodhouse Chairperson Cc: Town Attorney Code Enforcement Building Department MAILING ADDRESS: PLANNING BOARD MEMBERS ��0fSUUTy� P.O. Box 1179 JERILYN B.WOODHOUSE �Q �� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS �Q� 54375 State Route 25 MARTIN H.SIDOR Old' (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON CQU � Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL — RETURN RECEIPT REQUESTED June 1, 2005 Mr. William W. Esseks Esseks, Hefter & Angel 108 East Main Street Riverhead, NY 11901-0279 RE: Site Plan for Cross Sound Ferry, Orient, NY SCTM# 1000-15-9.1, 11.1 & 15.1 s Dear Mr. Esseks,: This is in response to the your letter dated May 18, 2005, to the Planning Board Office. The Planning Board held a work session on May 23, 2005 and agreed to undertake the following action at its next scheduled public session of June 13, 2005. A resolution will be put on the agenda to issue an extension for six (6) months. The six (6) months extension will start from the February 01, 2005 expiration date and extend to August 01, 2005. This extension will be approved with the condition that all site improvements shown on the site plan dated February 01, 2005 be completed and all conditions as approved in the resolution dated December 11, 2001 be met by the close of the extension period. This letter should not be interpreted as endorsing any changes from the approved (now expired) site plan. If there are any questions you can contact Bruno Semon at (631) 765-1938 x5019 between the hours of 8:00 a.m. and 4:00 p.m. Very truly yours, Jerilyn B. Woodhouse Chairperson aft. cc: Town Attorney, Code Enforcement & Building Department ESSEKS, HEFTER & ANGEL !/s COUNSELORS AT LAW 108 EAST MAIN STREET P. 0 Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (631)369-1700 WATER MILL OFFICE MARCIA Z HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (631) 369-2065 P. 0 Box '5570 .JANE ANN R. KRATZ WATER MILL, N.Y 11976 .JOHN M WAGNER (631) 726-6633 WILLIAM POWER MALONEY CARMELA M DI TALIA ANTHONY C. PASCA NICA B STRUNK May 18, 2005 WILLIAM M DUFFY NANCY SILVERMAN THEODORE D. SKLAR OF COUNSEL Town of Southold VIA FAX AND FEDERAL EXPRESS Planning Board Office Southold Town Hall 4 i� � � � -��l � 53095 Main Road E U El Southold NY 11971 Attention: Ms. Jerilyn B. Woodhouse, Chairperson WAY 2 0 2005 I Re: Cross Sound Sound Fe�Services,IncInc. rSotlthrl(J Tc:rn Dear Ms. Woodhouse: Your letter of May 9, 2005, to Richard MacMurray of Cross Sound Ferry Services, Inc (Cross Sound)has been referred to me for reply. Cross Sound, by this letter, with a reservation of rights, and pursuant to Southold Town Code Section 100.255(a) requests: 1. an extension of-the time to complete the subject site plan improvements until November 1, 2005; and 2. to have until August 1, 2005, the opportunity to submit an amendment to the 2/1/02 Planning Board subject site plan for the approval of some, if not all, of the existing conditions at the site not heretofore approved. Cross Sound officers, Adam Wronowski and Richard MacMurray, have asked me to extend to you and your Board their appreciation for the expression of your Board's desire that the site operate legally. Please advise me, on behalf of Cross Sound, if the foregoing dates are satisfactory. Very truly yours, W�Lc^ W, William W. Esseks WWE:lac SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS . ■ Complete items 1,2,and 3.Also complete A. S' ature item 4-if Restricted Delivery is desired. [3 Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. R ed by ted Name) C. ate of very ■ Attach this card to the back of the mailpiece; fl �r L or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No �y 1Qia lei 3. SerA Type Illbertifid Mail ❑Express Mail ❑Registered tum Receipt for Merchandise j I ❑Insured Mail C.O.D.C. r� 4:Restricted Delivery?(Extra Fee) ❑Yes 4 2. Article Number; 7D0',5 03.90 0005- :822q-: 502.'7-' (transfer from service lat ''° ' l Ps Form 3811,February 2004 Domestic Retum'Receipt —- -— 102595-02-M-1540 � i o- 0FF011v O Gy�cVALERIE SCOPAZ c Town Hall, 53095 Main Road TOWN PLANNER y 2 P.O. Box 1179 O Southold,New York 11971 Fax(516) 765-3136 Telephone(516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: Distribution From: Valerie Scopaz Date: May 18, 2005 Re: Response Deadline for Cross Sound Ferry Compliance with Approved Site Plan The Planning Board's May 5 letter to Richard MacMurray, VP and General Manager, Cross Sound Ferry Services, allowed 10 business days from the certified mail receipt for a reply before enforcement action commences. Attached is a copy of the signed return receipt dated May 13. Therefore, we look to receive their response by May 27tH Distribution: Planning Board Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney Bruno Semon File attachment SENDER: ■ Complete items 1,2,and 3.Also complete A. Si t re item 4 if Restricted Delivery is desired. �d' ❑Agent ■ Print your name and address on thereverse X Addressee 1 so that we can return the card to you. Received by(Printed N. C. Date of Delivery ■ Attach this card to the back of the mailplece, , I? or on the front if space permits. J D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: chard MacMurray ❑No Mr. Ri VP & Gen°4. Mgr- Cross -Sound Ferry Svices, Inc. Two Ferry St. New London, CT 96320 3. Service Type (+� A rtified Mall ❑Express Mail y ❑Registered Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2:Article Number 0390 0025 8229 521 (Transfer from service label) —- 1{PS,'•Form 3811,February 200.41 ;, Domestic-Return Receipt 102595 02-M-1540 °1 i MAILING ADDRESS: PLANNING BOARD MEMBI~�.�f ��QF so�lyo u P.O. Box x1 11971 JERILYN B.WOODHOUSE hQ l� Southold, Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS �QQ 54375 State Route 25 MARTIN H.SIDOROly �,M (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON coo , Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL — RETURN RECEIPT REQUESTED May 9, 2005 Mr. Richard MacMurray, Vice President & General Manager Cross Sound Ferry Services, Inc. Two Ferry Street New London, CT 06320 Dear Mr. MacMurray: RE: Compliance with Approved Site Plan for Cross Sound Ferry, Orient, NY SCTM# 1000-15-9.1, 11.1 & 15.1 This is a follow up to our letter dated August 21, 2003, copy attached. As previously noted, you have failed to comply with the approved site plan dated February 1, 2002 and all conditions of approval set forth in the final resolution. Pursuant to Town Code Section 100-255, all work proposed on an approved site plan shall be completed within three (3) years from the date of approval, unless the applicant obtains an extension from the Planning Board. Since the three- year approval period elapsed on February 1, 2005, without the work having been completed, the 2002 site plan has now expired. A site inspection on April 18, 2005 by Southold Town staff revealed that many of the required elements of the approved 2002 site plan have not been completed \ as noted in the attached letter. Several new structures have been built without the required permits or site plan approval. The following discrepancies were observed in reference to the site: SCTM# 1000-15-9-11.1 A new ticket booth/shed is located on the entrance to the terminal on the north side of the property. Mr. Richard MacMurray May 9, 2005 Page Two SCTM #1000-15-9-12.1 1. A new brick walk has been installed on 15-9-12.1 for the pedestrian crosswalk connecting 15-9-11.1 parking lot and NYS Road 25. 2. The balance of the pedestrian walk has not been installed on NYS 25. SCTM #1000-15-9-15.1 1. There is no indication that the French drains A, B & C have been installed in the parking lot. 2. At the time of the site inspection, the 25' X 40' emergency access area on the north side of the snack bar and the 50' X 40' emergency access area on the south side of the snack bar were blocked with parked cars. 3. The 15' emergency access aisle is not delineated. 4. The ADA handicapped parking space is not situated as per approved plan. 5. The existing sidewalk at the snack bar has not been extended as per approved plan. 6. No ramp has been installed at the snack bar as per approved plan. 7. The stone parking area is in need of regrading and new gravel to eliminate depressions. 8. The natural buffer planting on the east has been partially removed. 9'. Verification may be needed that the berm on the south side conforms to Town Trustee Permit#5408. 10. A new shed structure was placed on the northeast side of the snack bar. 11. It appears that the parking lot has encroached onto the adjoining property to the east known as SCTM #1000-15-9-3.5. Mr. Richard MacMurray May 5, 2005 Page Three 12. The wood barrier or guardrail does not define the eastern border of the property. 13. A dumpster (not shown on the approved plan) is now present along the east boundary. Despite these numerous violations of Town Code, the Southold Town Planning Board desires to see the site operate legally in accordance with an approved site plan and that this compliance take place voluntarily and swiftly. Therefore, we are extending to Cross Sound Ferry Services, Inc. an opportunity to respond to this letter before enforcement actions commence. Please reply within 10 business days from the certified mail receipt of this letter as to whether you intend to file a request for extension of site plan approval as well as for an amendment to reflect the changes now evident at the site. Your prompt attention to this matter is important. Very truly yours, k� Jerilyn B. Woodhouse Chairperson aft. cc: Town Attorney Code Enforcement Building Department S:\Planning\Letters\Cross3oundFerry.doc PLANNING BOARD MEMBL— ®SVFFO(�-c BENNETT ORLOWSKI,JR ��' �G P.O Box 1179 Chairman �� y� Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANO C4 �? Telephone (631) 765-1938 WILLIAM J CRENIERS ® -kl� Fax (631) 765-3136 KENNETH L MARTIN HSDDSIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 21, 2003 Mr, Richard MacMurray, VP General Manager Cross Sound Ferry Services, Inc. 2 Ferry Street, PO Box 33 New London, CT 06320 Re: Cross Sound Ferry Orient, NY SCTM# 1000-15-9-10., 11.1 & 15.1 Dear Mr. MacMurray, This letter is to confirm and document our meeting July 30, 2003 at the site described above. First we would like to thank you for taking the time to meet and discuss the site plan requirements. At the meeting we discussed compliance with all items proposed to the Southold Town Planning Board on the approved site plan dated February 1, 2002 and all items required in the final resolution. At the site visit, the following items were discussed and agreed need to be addressed: 1. Provide one paved handicapped parking space with line notations at existing snack bar as shown on site plan. At the site visit four cars were parked in the spot noted for only one parking space. 2. Extend existing sidewalk at existing snack bar as shown on the site plan. 3. Provide ramp to snack bar door at existing snack bar as shown on the site plan. 4. Install proposed wooden guide rail along property line on the east side of the parcel as shown on the site plan. Have a surveyor verify the emergency access locations and flag. 5. Install all proposed light fixtures on property line as shown on the site plan. Cross Sound Ferry—Page Two - August 21, 2003 6. Maintain the emergency access areas with no parking as noted on the site plan. At the time of site visit: the 25'x40' emergency access area on the north side of snack bar was blocked with parked cars and the 50'x40' emergency access area on the south side of snack bar was blocked with parked cars. Have a surveyor verify the emergency access locations and flag. 7. Re-grade parking area as needed to eliminate depressions and apply stone/gravel to the surface as noted on the site plan. 8. Correct location if necessary of the southerly berm with the double row of Rosa Rugosa on the south side of parcel. Have a surveyor verify berm location and flag. 9. Install proposed pedestrian crosswalk as shown on the site plan. 10. Provide written information on the staffing requirements you are providing on site. 11. NYS DOT approval needs to be secured and the work completed in compliance with all DOT requirements. 12. Install proposed natural buffer planting on east as shown on the site plan. 13. The site must comply with all items approved on the site plan and resolution as required. Attached is a copy of the approved resolution. 14. Have a surveyor verify locations of property corner boundary and flag. Please notify the Planning Board Office when all items are complete for a site inspection. If there are any questions you can contact us at (631) 765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Rec u ours, o Se n Senior Site Plan Reviewer CC:file,pb, vs, bd,Town Attorney, of g./.�Udj OWNER: FERRY SERVICES INC, CROSS SOUK NUMBER DATE TYPE CO USE/DESCRIPTIOF 14426 11/06/85 PERMI` B . P. #14426 COP NEW FERRY T 18417 8/21/89 PERMIT B . P . #18417 REBUILD ACCESS BLD 18984 4/25/90 PERMIT B . P . #18984 REPLACES #18417 B. 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exi 4%3889 15 . -9-15 . 1 OWNER: CROSS SOUND FERRY SERVICE INC NUMB-ER# DATE TYPE CO USE/DESCRIPTION • 3799 3/15/68 PERMIZ B. P. #37992 8844 9/03/76 PERMIT B . P . #88442 BUILD AN ADDITION 16856 3/24/88 PERMIT B . P . 416856 RENOVATE & ALTER R 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exi OWNER: WU-MBER4 DATE TYPE CO USE/DESCRIPTIOP 22689 10/29/93 PRE G 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exi WW, IX. 7, T'" N`- D�ls rZ3 q Co . .. ........ 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Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 36 Nugent Street Southampton, NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM No. 1000-15-9-10.1, 11.1 & 15.1 Dear Mr. Warren: The following took place at a meeting of the Southold Town Planning Board on Monday,December 10, 2001: The final public hearing was closed. The following resolution was adopted: WHEREAS, the Town of Southold Planning Board received a revised site plan application from Cross Sound Ferry Services, Inc. on September 8, 2000; and WHEREAS,this proposed site plan amendment concerns 4.06 acres of land owned by the applicant at the terminus of SR 25 at Orient Point; and WHEREAS, John & Adam Wronowski are the owners of the property designated as SCTM No. 1000-15-9-10.1, 11.1 & 15.1, consisting of three parcels, all zoned Marine H (MII)Zoning and in current active use as a ferry terminal for Cross Sound Ferry Services, Inc. located at Orient Point, coincident with the termination of NYS Route 25; and l WHEREAS, Cross Sound Ferry Services,Inc.requests site plan approval from the Southold Town Planning Board for the entire site; and Cross Sound Fen-y—Page Two — 12/11/01 WHEREAS, the proposed application was determined to be an Unlisted Action under the State Environmental Quality Review Act(SEQRA) 6 NYCRR Part 617.2(a-k) and 617.4,and,the Town of Southold Planning Board,pursuant to the State Environmental Quality Review Act (Article 8),Part 617, declared itself lead agency and issued a Negative Declaration on August 13, 2001 after review of relevant materials,public hearings, inspection of the property, and independent deliberation; the Negative Declaration finds that the proposed site plan for Cross Sound Ferry would not have a significant adverse impact on the environment as recorded in the resolution and determination adopted by the Planning Board on August 13, 2001; and WHEREAS, a final public hearing was closed on said site plan amendment at the Town Hall, Southold,New York on December 10, 2001; and WHEREAS,the Southold Town Planning Board,pursuant to Chapter 58,Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS,on August 14,2000,the Director of Code Enforcement ruled in a memorandum of that date that the parking on the parcel known as"the Snack Bar Parcel"is a pre-existing use, and WHEREAS, the site plans for the other parcels included in this site plan application received certifications at the time of their approval; and WHEREAS, the applicant proposed to undertake a specified list of actions designed to improve operations,safety, aesthetics,wetlands and coastal resource protection and traffic efficiency at the site as reflected in the pending revised site plan; and WHEREAS,the applicant has indicated a willingness to seek additional operational improvements to accommodate passengers. These measures are noted as follows: Cross Sound Ferry Services, Inc. will consider establishing a system for the reservation of parking for travelers using the high speed service,to allow for advance notice for the need for parking and to allow for daily planning of on-site parking. Investigate other areas for additional parking outside of the Orient area. Investigate bus/rail links and potential to establish parking outside of Orient in association with mass transportation modes. Investigate out-of-the-area ferry landing sites to augment ferry services to Long Island. Pursue with the NYS Department of Transportation the re-arrangement of the terminus of NYS Route 25 as an integrated plan with ferry terminal properties, and coordinate such improvements with the Town of Southold. Until this is achieved, Cross Sound Ferry will be responsive to community concerns regarding traffic flow and pedestrian safety. As with any ongoing operation, it is important to continue to improve the management and timing of off-loading cars due to their impact on the traffic flow on NYS Route 25. Cross Sound Ferree Three— 12/11/01 It is recognized that these measures are not part of the site plan application,but are useful in further improving operations at the site as long-term mutual goals of the Town and Cross Sound Ferry Services, Inc,; and WHEREAS, the Southold Town Planning Board hereby acknowledges and supports the efforts of the applicant to pursue the additional operational improvements noted above; and WHEREAS, the Southold Town Planning Board has reviewed the site plan and the modifications made thereto with respect to Sections 100-251 and 100-252 of the Town Code and makes the following specific findings as they relate to these sections of the Code: 1. Given the site conditions and character/use of the adjoining properties, the improvements proposed in this site plan address the need to protect the established character and value of adjoining properties. The property is located within the M-II Marine Zoning District and lies adjacent to the terminus of SR 25, and the Cross Sound Ferry terminal building and vehicular parking and staging areas. While the property to the east is within the R-80 Residential Zone, this vacant property is currently owned/controlled by the applicant The building on the subject property that is now the snack bar was constructed before 1955. Given the existing site conditions,the modifications that are proposed are considered to be improvement to the protection of the character of the immediate area. The implementation of the landscape buffers as illustrated on the site plan will, to a degree,increase the visual screening of the parking on-site. The installation of the perimeter controls(curb stops and guardrail fencing) will help contain the parking within the area that have been designated for such use. 2. The plan proposes no increase in the square footage of the pre-existing building found on-site. With the implementation of the proposed plan,the physical surface areas currently used for parking will be reduced through the installation of guardrail fences and curb stops. 3. The proposed improvements will not cause any detrimental impact toward issues related to safety from fire,flood and other dangers, and as designed will provide adequate light, air and convenience of access for those using this facility. 4. The applicant has worked with the Planning Department to arrive at an appropriate design for traffic access to the site, for both vehicles and pedestrians. 5. The determination of parking on this site has clearly been a difficult issue for the Planning Board to resolve. After much deliberation,the Board finds that it is appropriate to grant site plan approval to permit the improvement of the parking conditions found on the subject site for use by the general public who, as patrons of Cross Sound Ferry Services, Inc., use the property. In making its determination, the Planning Board found that the use of the site operator (vehicle and passenger ferry/carrier service) does not fall within any of the specific categories listed in § 100-191A of the l Town Code, leaving the Planning Board to determine what constitutes "reasonable and appropriate off-street parking" on a site-by-site,project-by-project basis. Cross Sound Feny—Page Four— 12/1 1/O1 6. The Planning Board finds that the improvements proposed on the site plan prepared by John I Raynor, RE , L.S., P C., last dated November 15, 2001, fulfills the objective of§ 100-252(B) by making improvements to the existing parking conditions on the site. In general, the improvements include: i. the re-grading and application of stone/gravel to the unpaved lot, so as to reduce potholes and provide on-site drainage control; ii. the installation of curb stops and a guard rail fence around the perimeter of the parking area so as to delineate the parking and protect the proposed plantings from vehicular encroachment; iii. the addition of a cross walk to aid pedestrians; iv. the assurance that the applicant will maintain at least one parking attendant during peak parking periods (summer and holiday weekends), to facilitate interior circulation and parking. 7. Under the unique circumstances of this particular site and application, the Board finds that the unpaved stone/gravel lot is preferable to a paved lot with marked stalls. The unpaved "Snack Bar Parcel" provides flexibility to use parking assistants in order to maximize the capacity of that lot during the peak seasonal needs of the applicant's services, thus reducing potential impact to the adjacent streets Accordingly, the Board finds that the maintenance of the parking on the"Snack Bar Parcel" as an unpaved, unmarked parking area, in conjunction with the existing lots to the west represents the most "reasonable and appropriate off-street parking requirements" for this unique facility. 8. The proposed plan, to the maximum extent possible,provides adequate landscape buffers to the adjacent streets and properties. As illustrated on the site plan, last dated November 15, 2001, the applicant has proposed vegetative buffers around the parking areas of the snack bar parcel. 9. The proposed plan has been designed to protect/conserve natural features of the property and adjacent areas. To address concerns raised by the Trustees, the applicant will relocate the proposed parking area approximately 20 feet further away from the beach than originally proposed, and will install a low berm landscaped with native coastal species to provide protection and separation between the beach and the parking area. The plan also proposes to improve the drainage conditions found on the site, by regrading, and redirecting drainage to french drains proposed to capture and recharge runoff to the groundwater below. The use of french drains will prevent runoff from entering the adjacent tidal estuary. 10. The proposed plan avoids unnecessary pavement of the parking area by using a pervious stone/gravel material for resurfacing the snack bar parking lot. 1 11. The proposed plan minimizes the lighting effects on adjacent properties by employing low intensity safety lighting,which will be operated by a timer that allows the lights to automatically shut off one-half hour after the arrival of the last ferry for each business day. 12. No public address intercom or sound system is proposed within this site plan application. I Cross Sound Fepry—Page Five— 12/11/01 13. The proposed plan fulfills the objective"that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner." While the original design of the project included leveling of the parking surface, adding a stone surface and filling potholes, the current design includes regrading as sought by the Town Engineering Inspector to redirect and contain stormwater ninoff on-site. 14. The proposed plan raises no issues related to public utilities in the area. 15. The proposed plan is determined to be at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold The proposal does not change the scale of the use of the property and proposes no new additional parking areas not historically used in the pre-existing parking areas. The use is consistent with the Marine Zoning District and the Town's Comprehensive Plan. 16 As the project proposes no new buildings, the proposed plan does not raise architectural issues. 17. The addition of a hard-surfaced handicapped space adjacent to the snack bar building is considered an improvement over the existing conditions found on the site.The Planning Board also fs acknowledges the creation of additional handicapped-accessible parking on the Terminal Parcel, nearest to the main building as part of this facility,for use by patrons needing such accommodations. NOW,THEREFORE BE IT RESOLVED, that the Southold Town Planning Board hereby grants final approval with conditions to the revised site plan prepared by John J.Raynor,P.E. &L.S.,P.C. (last revised on November 15, 2001 and received in this office on November 20, 2001) and authorizes the Chairman to endorse said plans with the following conditions affixed thereto: 1. curb stops shall be used to define the northern and western parking area within the"Snack Bar"Pacel boundaries, including south of the Snack Bar. 2. A wooden barrier or guardrail shall protect landscaping and define the eastern border of the parking area within the"Snack Bar"Parcel. 3. A snow fence and berm planted with a double row of Rosa Rugosa(as per Board of Trustee Permit#5408,dated November 8,2001,and revised on December 5,2001)shall define the southern border of the parking area within the "Snack Bar"Parcel boundaries. 4. Low Intensity Safety Lighting shall be installed within the "Snack Bar"parking area. Said lighting is to be shielded to the ground and operated by timer so as to automatically shut-off approximately one-half hour after the arrival of the last ferry run of each business day. Said lighting is to be installed on the wooden barriers/guardrails and curb stops within the boundaries of the j `.'Snack Bar"parking area. Cross Sound Fen-y—Page six— 12/11/01 5. Existing and/or proposed landscaping around the perimeter of the parking area within the "Snack Bar"Parcel is to be maintained and/or planted in accordance with the final revised site plan, prepared by John J. Raynor, P.E. &L.S., P.C, (last revised on November 15, 2001 and received in this office on November 20, 2001). 6. The regrading and application of stone and gravel within the "Snack Bar" Parcel shall incorporate drainage measures that were specified by the Board of Trustee Permit # 5408, and illustrated on the October 9th revised site plan, prepared by John J. Raynor, P.E. & L.S., P.C. (subsequently revised on November 15, 2001 and received in this office on November 20, 2001). These drainage measures were reviewed and approved by James Richfer, Town Engineering Inspector, and endorsed by the Trustees. 7. The pedestrian walk across State Route 25 between the "Snack Bar Parcel" and the Ferry Terminal Office is to be painted and maintained in good condition by the appli-cant and in accordance with standard procedures of the New York State Department of Transportation. 8. No parking shall be permitted within or near the two (north and south) entrances/exits to the parking area within the boundaries of the "Snack Bar"Parcel, denoted on the final revised site plan as"Emergency Access Area". Signage stating that this is a Tow-Away Zone shall be posted at these two locations. 9. The two (2) locations denoted on the final revised site plan as "Emergency Access Area" on the site plan shall be interconnected with a minimum 15 foot aisle within the interior parking areas, in order to provide emergency vehicle access if necessary. 10. The existing wooden fencing at the southwest boundary of the "Snack Bar" Parcel is to be replaced with a split rail fence and maintained in good condition. 11. The applicant shall be required to provide at least one parking attendant to assist during 411 peak parking times (summer and holiday weekends)to assist travelers where necessary to get their vehicles out of the parking lot. The attendant would remain at the site for at least one-half hour after the arrival of the last ferry for the evening. 12. The applicant shall secure approval from the NYS Department of Transportation for the improvements shown on the site plan. As per Section 100-254 I. of the Site Plan Ordinance of the Zoning Code of the Town of Southold, the Chairman's endorsement of the site plan will take place aftbr the applicant signs this resolution placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Please contact this office if you have any questions regarding the above. V t 1 your , Bennett Orl w a, Chairman ' PLANNING BOARD MEMBERS �® G BENNETT ORLOWSKI,JR. P.O. Box 1179�® Chairman � Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO COD Telephone(631) 765-1938 WILLIAM J.CREMERS ® Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 21, 2003 Mr. Richard MacMurray, VP General Manager Cross Sound Ferry Services, Inc. 2 Ferry Street, PO Box 33 New London, CT 06320 Re: Cross Sound Ferry Orient, NY SCTM# 1000-15-9-10., 11.1 & 15.1 Dear Mr. MacMurray, This letter is to confirm and document our meeting July 30, 2003 at the site described above. First we would like to thank you for taking the,time to meet and discuss the site plan requirements. At the meeting we discussed compliance with all items proposed to the Southold Town Planning Board on the approved site plan dated February 1, 2002 and all items required in the final resolution. At the site visit, the following items were discussed and agreed need to be addressed: 1. Provide one paved handicapped parking space with line notations at existing snack bar as shown on site plan. At the site visit four cars were parked in the spot noted for only one parking space. 2. Extend existing sidewalk at existing snack bar as shown on the site plan. 3. Provide ramp to snack bar door at existing snack bar as shown on the site plan. 4. Install proposed wooden guide rail along property line on the east side of the parcel as shown on the site plan. Have a surveyor verify the emergency access locations and flag. 5. Install all proposed light fixtures on property line as shown on the site plan. TM r Cross Sound Ferry—Page Two -August 21, 2003 6. Maintain the emergency access areas with no parking as noted on the site plan. At the time of site visit: the 25'x40' emergency access area on the north side of snack bar was blocked with parked cars and the 50'x40' emergency access area on the south side of snack bar was blocked with parked cars. Have a surveyor verify the emergency access locations and flag. 7. Re-grade parking area as needed to eliminate depressions and apply stone/gravel to the surface as noted on the site plan. 8. Correct location if necessary of the southerly berm with the double row of Rosa Rugosa on the south side of parcel. Have a surveyor verify berm location and flag. 9. Install proposed pedestrian crosswalk as shown on the site plan. 10. Provide written information on the staffing requirements you are providing on site. 11. NYS DOT approval needs to be secured and the work completed in compliance with all DOT requirements. 12. Install proposed natural buffer planting on east as shown on the site plan. 13. The site must comply with all items approved on the site plan_ and resolution as required. Attached is a copy of the approved resolution. 14. Have a surveyor verify locations of property corner boundary and flag. Please notify the Planning Board Office when all items are complete for a site inspection. If there are any questions you can contact us at (631) 765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Re cu ours, o Se n Senior Site Plan Reviewer CC:file,pb, vs,bd,Town Attorney, of PLANNING BOARD ME � JERILYN B.WOODHOUlVSIBk,t.S ~���QS P.O. Box 1179 Chair ® Town Hall, 53095 State Route 25 CO2 Southold, New York 11971-0959 RICHARD CAGGIANO Telephone(631) 765-1938 WILLIAM J. CREMERSKENNETH L. Fax (631) 765-3136 MARTIN HESIDORDS y�®® `�►�O� PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 09, 2004 Mr. Richard MacMurray, VP General Manager Cross Sound Ferry Services, Inc. ' 2 Ferry Street, PO Box 33 New London, CT 06320 Re: Cross Sound Ferry Approved Site Plan Orient,NY SCTM# 1000-15-9-10., 11.1 & 15.1 Dear Mr. MacMurray, This letter is to follow up on compliance with the Planning Board approved site plan dated February 1; 2002 and adopted resolution. To date we are still waiting for compliance to the above referenced site plan. Please notify the Planning Board Office when all items are complete for a site inspection. If there are any questions you can contact us at(631) 765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully yours, B o S on Senior Site Plan Reviewer CC:file,pb,vs, Town Attorney, of PLANNING BOARD MEMBERS OSUFfO(�► BENNETT ORLOWSKI,JR. Chairman �Q� CSG' Town Hall,53095 State Route 25 P.O. Box 1179 WILLIAM J.CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. • RICHARD CAGGLANO y1fo1 �aQ� Fax(631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 1, 2002 Mr. Richard E. Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 36 Nugent Street Southampton, NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM No. 1000-15-9-10.1, 11.1 & 15.1 Dear Mr. Warren: The Southold Town Planning Board has authorized the Chairman to endorse the final set of plans, last revised November 15,2001. Enclosed please find two copies of the approved site plans; one for your records and one to be submitted to the Building Department when you apply for a building permit. Very truly yours, /✓a�72�'tQ� �' Bennett Orlowski,Jr. - Chairman Encls Cc: Tax Assessors, Building Dept, F.Yakaboski Atf r a.K.....a„t' e • R s i PLANNING BOARD MEMB--S BENNETT ORLOWSKI,JR. ham® G.f, P.O. Box 1179 Chairman G Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y Southold, New York 11971-0959 KENNETH L.EDWARDS O Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via FAX and U.S. Mail January 10, 2002 Mr. Richard MacMurray Cross Sound Ferry Services, Inc 2 Ferry St., P.O. Box 33 New London, CT 06320 Re: Handicap Spaces Orient Ferry Terminal J Dear Mr. MacMurray, The Planning Board has received several inquires regarding the shortage of Handicap parking spaces at the Orient Point Ferry terminal. Please review this matter as quickly as possible in order to better serve the needs of handicapped patrons. We have received complaints that handicapped drivers cannot find sufficient spaces, and are being ticketed for parking in undesignated stalls. It would seem that an expeditious review of this situation would be very much in,the public interest,and remedy a difficult problem for all handicapped visitors. Please advise this Board on the progress of your review, so that we can inform all -------r-eley"ai At 1 own-agencies,-and-the Police IDepartment as to the improvements-you--are implementing. Thank you for your cooperation in this important matter. ' Bennett Orlowski, Jr�' _./ Chairman i • L _ PLANNING BOARD MEMBERS y % P.O. Box 1179 BENNETT ORL Chairman Town Hall, 53095 tate Route WILLIAM J. CREMERS 2 Southold, New York 11971-0959 KENNETH L.EDWARDSO Telephone (631) 765-1938 GEORGE RITC IE L O ,JR ���� a0�� Fax(631) 765-3136 ARD jig PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Mr. Richard E. Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 36 Nugent Street Southampton, NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM No. 1000-15-9-10.1, 11.1 & 15.1 Dear Mr. Warren: The following took place at a meeting of the Southold Town Planning Board on Monday,December 10, 2001: The final public hearing was closed. The following resolution was adopted: WHEREAS, the Town of Southold Planning Board received a revised site plan application from Cross Sound Ferry Services, Inc. on September 8, 2000; and WHEREAS,this proposed site plan amendment concerns 4.06 acres of land owned by the applicant at the terminus of SR 25 at Orient Point; and WHEREAS, John & Adam Wronowski are the owners of the property designated as SCTM No. 1000-15-9-10.1, 11.1 & 15.1, consisting of three parcels, all zoned Marine II (MII) Zoning and in current active use as a ferry terminal for Cross Sound Ferry Services, Inc. located at Orient Point, coincident with the termination of NYS Route 25; and WHEREAS, Cross Sound Ferry Services,Inc.requests site plan approval from the Southold Town Planning Board for the entire site; and Cross Sound Ferry—Page Two— 12/11/01 WHEREAS, the proposed application was determined to be an Unlisted Action under the State Environmental Quality Review Act(SEQRA)6 NYCRR Part 617.2(a-k)and 617.4,and,the Town of Southold Planning Board,pursuant to the State Environmental Quality Review Act (Article 8),Part 617,declared itself lead agency and issued a Negative Declaration on August 13,2001 after review of relevant materials,public hearings, inspection of the property, and independent deliberation;the Negative Declaration finds that the proposed site plan for Cross Sound Ferry would not have a significant adverse impact on the environment as recorded in the resolution and determination adopted by the Planning Board on August 13, 2001; and WHEREAS, a final public hearing was closed on said site plan amendment at the Town Hall, Southold,New York on December 10, 2001; and WHEREAS,the Southold Town Planning Board,pursuant to Chapter 58,Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, on August 14,2000,the Director of Code Enforcement riled in a memorandum of that date that the parking on the parcel known as"the Snack Bar Parcel'is a pre-existing use;and WHEREAS, the site plans for the other parcels included in this site plan application received certifications at the time of their approval; and WHEREAS, the applicant proposed to undertake a specified list of actions designed to improve operations,safety, aesthetics,wetlands and coastal resource protection and traffic efficiency at the site as reflected in the pending revised site plan; and WHEREAS,the applicant has indicated a willingness to seek additional operational improvements to accommodate passengers. These measures are noted as follows: Cross Sound Ferry Services, Inc. will consider establishing a system for the reservation of parking for travelers using the high speed service,to allow for advance notice for the need for parking and to allow for daily planning of on-site parking. Investigate other areas for additional parking outside of the Orient area. Investigate bus/rail links and potential to establish parking outside of Orient in association with mass transportation modes. Investigate out-of-the-area ferry landing sites to augment ferry services to Long Island. Pursue with the NYS Department of Transportation the re-arrangement of the terminus of NYS Route 25 as an integrated plan with ferry terminal properties, and coordinate such improvements with the Town of Southold. Until this is achieved, Cross Sound Ferry will be responsive to community concerns regarding traffic flow and pedestrian safety. As with any ongoing operation, it is important to continue to improve the management and timing of off-loading cars due to their impact on the traffic flow on NYS Route 25. Cross Sound Ferry—Page Three— 12/11/01 It is recognized that these measures are not part of the site plan application,but are useful in further improving operations at the site as long-term mutual goals of the Town and Cross Sound Ferry Services, Inc.; and WHEREAS,the Southold Town Planning Board hereby acknowledges and supports the efforts of the applicant to pursue the additional operational improvements noted above; and WHEREAS, the Southold Town Planning Board has reviewed the site plan and the modifications made thereto with respect to Sections 100-251 and 100-252 of the Town Code and makes the following specific findings as they relate to these sections of the Code: 1. Given the site conditions and character/use of the adjoining properties, the improvements proposed in this site plan address the need to protect the established character and value of adjoining properties. The property is located within the M-II Marine Zoning District and lies adjacent to the terminus of SR 25, and the Cross Sound Ferry terminal building and vehicular parking and staging areas. While the property to the east is within the R-80 Residential Zone, this vacant property is currently owned/controlled by the applicant. The building on the subject property that is now the snack bar was constructed before 1955. Given the existing site conditions,the modifications that are proposed are considered to be improvement to the protection of the character of the immediate area. The implementation of the landscape buffers as illustrated on the site plan will,to a degree,increase the visual screening of the parking on-site. The installation of the perimeter controls(curb stops and guardrail fencing) will help contain the parking within the area that have been designated for such use. 2. The plan proposes no increase in the square footage of the pre-existing building found on-site. With the implementation of the proposed plan,the physical surface areas currently used for parking will be reduced through the installation of guardrail fences and curb stops. 3. The proposed improvements will not cause any detrimental impact toward issues related to safety from fire,flood and other dangers, and as designed will provide adequate light, air and convenience of access for those using this facility. 4. The applicant has worked with the Planning Department to arrive at an appropriate design for traffic access to the site, for both vehicles and pedestrians. 5. The determination of parking on this site has clearly been a difficult issue for the Planning Board to resolve. After much deliberation,the Board finds that it is appropriate to grant site plan approval to permit the improvement of the parking conditions found on the subject site for use by the general public who, as patrons of Cross Sound Ferry Services, Inc., use the property. In making its determination, the Planning Board found that the use of the site operator (vehicle and passenger ferry/carrier service) does not fall within any of the specific categories listed in § 100-191A of the i Town Code, leaving the Planning Board to determine what constitutes"reasonable and appropriate off-street parking" on a site-by-site, project-by-project basis. 1 Cross Sound Ferry—Page Four— 12/11/01 6. The Planning Board finds that the improvements proposed on the site plan prepared by John J. Raynor, P.E., L.S., P.C., last dated November 15, 2001, fulfills the objective of§ 100-252(B) by making improvements to the existing parking conditions on the site. In general,the improvements include: i. the re-grading and application of stone/gravel to the unpaved lot, so as to reduce potholes and provide on-site drainage control; ii. the installation of curb stops and a guard rail fence around the perimeter of the parking area so as to delineate the parking and protect the proposed plantings from vehicular encroachment; iii. the addition of a cross walk to aid pedestrians; iv. the assurance that the applicant will maintain at least one parking attendant during peak parking periods (summer and holiday weekends), to facilitate interior circulation and parking. 7. Under the unique circumstances of this particular site and application, the Board finds that the unpaved stone/gravel lot is preferable to a paved lot with marked stalls. The unpaved "Snack Bar Parcel" provides flexibility to use parking assistants in order to maximize the capacity of that lot during the peak seasonal needs of the applicant's services, thus reducing potential impact to the adjacent streets. Accordingly,the Board finds that the maintenance of the parking on the"Snack Bar Parcel" as an unpaved, unmarked parking area, in conjunction with the existing lots to the west represents the most "reasonable and appropriate off-street parking requirements" for this unique facility. 8. The proposed plan, to the maximum extent possible,provides adequate landscape buffers to the adjacent streets and properties. As illustrated on the site plan, last dated November 15, 2001, the applicant has proposed vegetative buffers around the parking areas of the snack bar parcel. 9. The proposed plan has been designed to protect/conserve natural features of the property and adjacent areas. To address concerns raised by the Trustees,the applicant will relocate the proposed parking area approximately 20 feet further away from the beach than originally proposed, and will install a low berm landscaped with native coastal species to provide protection and separation between the beach and the parking area. The plan also proposes to improve the drainage conditions found on the site, by regrading, and redirecting drainage to french drains proposed to capture and recharge runoff to the groundwater below. The use of french drains will prevent runoff from entering the adjacent tidal estuary. 10. The proposed plan avoids unnecessary pavement of the parking area by using a pervious stone/gravel material for resurfacing the snack bar parking lot. 11. The proposed plan minimizes the lighting effects on adjacent properties by employing low intensity safety lighting,which will be operated by a timer that allows the lights to automatically shut off one-half hour after the arrival of the last ferry for each business day. 12. No public address intercom or sound system is proposed within this site plan application. 1 Cross Sound Ferry—Page Five— 12/11/01 13. The proposed plan fulfills the objective"that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner." While the original design of the project included leveling of the parking surface, adding a stone surface and filling potholes,the current design includes regrading as sought by the Town Engineering Inspector to redirect and contain stormwater runoff on-site. 14. The proposed plan raises no issues related to public utilities in the area. 15. The proposed plan is determined to be at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold The proposal does not change the scale of the use of the property and proposes no new additional parking areas not historically used in the pre-existing parking areas. The use is consistent with the Marine Zoning District and the Town's Comprehensive Plan. 16. As the project proposes no new buildings,the proposed plan does not raise architectural issues. 17. The addition of a hard-surfaced handicapped space adjacent to the snack bar building is considered an improvement over the existing conditions found on the site. The Planning Board also acknowledges the creation of additional handicapped-accessible parking on the Terminal Parcel, nearest to the main building as part of this facility,for use by patrons needing such accommodations. NOW,THEREFORE BE IT RESOLVED,that the Southold Town Planning Board hereby grants final approval with conditions to the revised site plan prepared by John J.Raynor,P.E. &L.S.,P.C. (last revised on November 15, 2001 and received in this office on November 20, 2001) and authorizes the Chairman to endorse said plans with the following conditions affixed thereto: 1. Curb stops shall be used to define the northern and western parking area within the"Snack Bar"Parcel boundaries, including south of the Snack Bar. 2. A wooden barrier or guardrail shall protect landscaping and define the eastern border of the parking area within the"Snack Bar"Parcel. 3. A snow fence and berm planted with a double row of Rosa Rugosa(as per Board of Trustee Permit#5408,dated November 8,2001,and revised on December 5,2001)shall define the southern border of the parking area within the "Snack Bar"Parcel boundaries. 4. Low Intensity Safety Lighting shall be installed within the "Snack Bar"parking area. Said lighting is to be shielded to the ground and operated by timer so as to automatically shut-off approximately one-half hour after the arrival of the last ferry run of each business day. Said lighting is to be installed on the wooden barriers/guardrails and curb stops within the boundaries of the "Snack Bar"parking area. Cross Sound FM—Page sig:— 12/11/01 5. Existing and/or proposed landscaping around the perimeter of the parking area within the "Snack Bar"Parcel is to be maintained and/or planted in accordance with the final revised site plan, prepared by John J. Raynor, P.E. &L.S., P.C. (last revised on November 15, 2001 and received in this office on November 20, 2001). 6. The regrading and application of stone and gravel within the "Snack Bar" Parcel shall incorporate drainage measures that were specified by the Board of Trustee Permit # 5408, and illustrated on the October 9th revised site plan, prepared by John J. Raynor, P.E. & L.S., P.C. (subsequently revised on November 15, 2001 and received in this office on November 20, 2001). These drainage measures were reviewed and approved by James Richter, Town Engineering Inspector, and endorsed by the Trustees. 7. The pedestrian walk across State Route 25 between the "Snack Bar Parcel" and the Ferry Terminal Office is to be painted and maintained in good condition by the applicant and in accordance with standard procedures of the New York State Department of Transportation. 8. No parking shall be permitted within or near the two (north and south) entrances/exits to the parking area within the boundaries of the"Snack Bar"Parcel, denoted on the final revised site plan as"Emergency Access Area". Signage stating that this is a Tow-Away Zone shall be posted at these two locations. 9. The two (2) locations denoted on the final revised site plan as "Emergency Access Area" on the site plan shall be interconnected with a minimum 15 foot aisle within the interior parking areas, in order to provide emergency vehicle access if necessary. 10. The existing wooden fencing at the southwest boundary of the "Snack Bar" Parcel is to be replaced with a split rail fence and maintained in good condition. 11. The applicant shall be required to provide at least one parking attendant to assist during all peak parking times (summer and holiday weekends) to assist travelers where necessary to get their vehicles out of the parking lot. The attendant would remain at the site for at least one-half hour after the arrival of the last ferry for the evening. 12. The applicant shall secure approval from the NYS Department of Transportation for the improvements shown on the site plan. As per Section 100-254 I. of the Site Plan Ordinance of the Zoning Code of the Town of Southold, the Chairman's endorsement of the site plan will take place after the applicant signs this resolution placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Please contact this office if you have any questions regarding the above. V t 1 your , Bennett Orl w i, r Chairman PLANNING BOARD MEMBREC6c BENNETT ORLOWSKI,JR. Off, Town Hall, 53095 State Route 25 Chairman h� OGy P.O. Box 1179 WILLIAM J. CREMERS p .�� Southold, New York 11971-0959 KENNETH L.EDWARDS ti 2 Fax(631) 765-3136 GEORGE RITCHIE LATHAM,JR. O yC Telephone (631) 765-1938 RICHARD CAGGIANO y 0� jr PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Principal Building Inspector From: Valerie Scopaz, Town Planner J� Re: Cross Sound Ferry Site Plan Date: December A, 2001 Please review the attached site plan and determine if it may be certified. For your information, certain elements of the site plan were required by the Board of Trustees. A copy of their permit will be sent to you under separate cover. I N T E R d S CIENC E ENVIRONMENTAL PLANNING AND DEVELOPMENT CONSULTANTS — Transmittal~ TO: Bennett Orlowski, Jr., Chairman Southold Planning Board_ Southold Town Hall Southold,New York 11971 VIA HAND DELIVERY. FROM: Scott B. Dobriner Inter-Science Research Associates, Inc. Sr. Environmental Planner& 36 Nugent Street Landscape Architect P.O.Box 1201 Southampton,New York 11969-1201 (631)283-5958/(631)283-5974 fax SUBJECT: Cross Sound Ferry Services -Proposed Site Plan. ENCLOSURES: (1)Nine Prints of the Proposed Site Plan Last Dated November 15,2001; (2) One Copy of the Trustee Permit and Resolution. DATE: November 19,2001. MESSAGE: Mr. Orlowski: As discussed, enclosed please find nine prints of the revised site plan for Cross Sound Ferry Services,Inc. (prints last dated November 15,2001). The site plan has been revised in accordance to town conunents. For your records,I am also enclosing one copy of the recently issued Trustee Permit. With your receipt of these items,it my understanding that this matter will be up for final approval at your meeting scheduled for December 10. Thank you for your cooperation and please call our office if you have any concerns/question about the enclosed items. Sincerely, Scott Dobriner Sr. Environmental Planner and Landscape Architect COPY: Adam Wronowski William Esseks,Esq. Albert J.Krupski,President J Su�FQ(�. - Town Hall James King,Vice-President �O�►0 CQG 53095 Route 25 HenryP.O.Box 1179 Smith c y�,c Southold,New York 11971-0959 Artie Foster y = Ken Poliwoda �y • Telephone(631) 765-1892 dol � dao Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit#5408 Date:November 8, 2001 - SCTM#15-9-15.1 Name of Applicant/Agent: Inter-Science Research Associates,Inc. Name of Permittee: Cross Sound Ferry Services, Inc. Address of Permittee: Route 25, Orient,NY 11957 Property Located: Route 25, Orient,NY 11957 DESCRIPTION OF ACTIVITY: Proposed re-grading and the application of stone/gravel to the snack bar parking area,proposed installation of curb stops and guard rail fence, and for the installation of low'intensity safety lighting, as depicted on the revised site,plan dated August 29, 2001 and last revised October 9,2001. SPECIAL CONDITIONS: (apply if marked) _Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. A relocation agreement is attached hereto and,is a necessary special condition of this permit. A maintenance agreement is attached with application and is a necessary special condition of this permit. f Albert J. Krupski, Jr. President, Board of Trustees AJK/lms Q��gUFFO�,�coG JEAN W. COCHRAN =� s JAMES A. RICHTER, R.A. SUPERVISOR y ENGINEER TOWN HALL - 53095 MAIN ROAD W TOWN OF SOUTHOLD,NEW YORK 11971 Fax (516)-765-1366 y�01 Q� Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD November 8, 2001 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Cross Sound Ferry— Proposed Parking Lot Review of Drainage Calculations & Construction Specifications SCTM #: 1000-015-09-(10.1, 11.1 & 15.1) Dear Mr. Orlowski: As per your request, I have reviewed the revised site plan (dated October 9,2001)for the above referenced project. The drainage calculations and design has been modified to address the concerns listed in my last report. The drainage design and the proposed pavement specification as indicated by the revised plan, meets the minimum requirements of the Town Code. If you have any questions concerning this report, please contact my office. Si erely, J mes A. Richter, R.A. cc: Albert Krupski (President—Board of Trustees) r Y 0 9 2901 Southol ,Town PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �� ��j Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERS C012 = 2 Southold, New York 11971-0959 KENNETH L.EDWARDS %.%-,y • �� Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. O Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2001 Mr. Richard E. Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 36 Nugent Street Southampton, NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM#1000-15-9-10.1, 11A & 15.1 Dear Mr. Warren: The following took place at a meeting of the Southold Town Planning Board on Monday, November 5, 2001: BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry open. The next Planning Board Meeting is scheduled for December 10, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman I N T ]E R S C I lE N ENVIRONMENTAL PLANNING AND DEVELOPMENT CONSULTANTS — Transmittal— TO: Bennett Orlowski,Jr., Chairman Southold Planning Board Southold Town Hall 53095 State Route 25;P.O.Box 1179 Southold,New York 11971-0959 VIA HAND DELIVERY. FROM: Scott B.Dobriner Inter-Science Research Associates,Inc. Sr.Environmental Planner& 36 Nugent Street Landscape Architect P.O.Box 1201 Southampton,New York 11969-1201 (631)283-5958/(631)283-5974 fax SUBJECT: Site Plan Application of Cross Sound Ferry Services,Inc. ENCLOSURES: 8 Site Plans Last Dated October 9,2001. DATE: November 8,2001. pNlaOaY 0 2001 MESSAGE: Southold Town Mr. Orlowski: Prann1mg0owd Enclosed please find 8 prints of the revised site plan application for Cross Sound Ferry Services,Inc. The revisions were made in response to comments made by the Town Trustees and the Town Engineer. With your receipt of these prints,it is our understanding that this matter will be discussed at the Planning Board Meeting scheduled for December 10,2001. I have submitted prints of the enclosed site plan directly to the Town Engineer and the Town Trustees. I have requested that both the Town Engineer and the Trustees confirm directly to you,prior to December 10 that the proposed site plan is consistent with prior comments. With your reciept of these items,it is our understanding that this matter will be up for final approval on December 10. Please call me if I can assist your review. Thank you. Sincerely, Scott Dobriner Sr.Environmental Planner and Landscape Architect COPY: Adam Wronowski William Esseks,Esq. Albert J.Krupski, PresidentuF f 0( Town Hall QS �C James King,Vice-President 53095 Route 25 Q�' D�jy P.O.Box 1179 Henry Smith Southold,New York 11971-0959 Artie Foster y 2 Ken Poliwoda Telephone(631) 765-1892 Fax(631) 765-1366 . ti�ol BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit#5408 Date: November 8, 2001 SCTM#15-9-15.1 Name of Applicant/Agent: Inter-Science Research Associates, Inc. DEC ` 6 2001 Name of Permittee: Cross Sound Ferry Services,Ina SoutholdTown Address of Permittee: Route 25, Orient,NY 11957 Planning Board Property Located: Route 25, Orient,NY 11957 DESCRIPTION OF ACTIVITY: Proposed re-grading and the application of stone/gravel to the snack bar parking area, along with proposed installation of curb stops and guard rail fence, for the installation of low intensity safety lighting,within the snack bar parking area, and for the installation of a berm southward of the Coastal Erosion Hazard Area line, said berm to be planted and stabilized with a double row of Rosa Rugosa and a staked snow fence. The location of the berm shall be as depicted on the revised site plan dated August 29, 2001 and last revised October 9, 2001; and shall be located at the following coordinates; about 52' south of the CERA line at the west boundary of SCTM#15-9-15.1 and about 90' south of the CEHA line at the east boundary of the aforesaid lot. SPECIAL CONDITIONS: (apply if marked) Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. _A relocation agreement is attached hereto and is a necessary special condition of this permit. _A maintenance agreement is attached with application and is a necessary special condition of this permit. I 2 X The berm is to be 4' in height and is to be stabilized with a double row of Rosa Rugosa, and a staked snow fence. VOW r Albert J. Krupski, Jr. President,Board of Trustees AJK/lms cc: DEC Bldg. Dept. REVISED 12/5/01 • Albert J. Krupski,President V�F�( Town Hall QS �C 53095 Route 25 James King,Vice-President Henry Smith h P.O.Box 1179 < Southold,New York 11971-0959 Artie Foster y 2 Ken Poliwoda W Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD November 8, 2001 Mr. Scott Dobriner Inter-Science Research Associates,Inc. P.O. Box 1201 Southampton,NY 11969 RE: CROSS SOUND FERRY SERVICES, INC. Route 25, Orient SCTM#15-9-15.1 Dear Mr. Dobriner: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 29, 2001 regarding the above matter: WHEREAS,Inter-Science Research Associates,Inc. on behalf of CROSS SOUND FERRY SERVICES,INC. applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated August 2, 2001, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 29, 2001, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED,that the Board of Trustees approve the application of CROSS SOUND FERRY SERVICES, INC. for the proposed re-grading and application of stone/gravel to the snack bar parking area SCTM#1000-15-9-15.1, along with proposed installation of curb stops, guard rail fence, and low intensity safety lighting, within the snack bar parking area, and for the installation of a berm southward of the Coastal Erosion Hazard Area line, said berm to be planted and stabilized with a double row of Rosa Rugosa and a staked snow fence. The location of the berm shall be as depicted on the revised site plan dated August 29, 2001 and last revised October 9, 2001; and shall be located at the following coordinates; about 52' south of the CEHA line at the west boundary of SCTM915-9-15.1 and about 90' south of the CEHA line at the east boundary of the aforesaid lot. ,BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Fees: None Very truly yours, Albert J. Krups(-, Jr. President,Board of Trustees AJK/lms DEC Bldg. Dept. REVISED 12/05/01 oft, WWI !Ll!Et Board Of Southold Town Trustees 30 SOUTHOLD, NEW YORK REVISED Dec. 5, 2001 November 8, 200 PERMIT NO. DATE: — 0 GROSS SOUND FERRY SERVM1�5,.JN.0...... ..... ISSUEDT ................ ............ ........ ....... Aut-4orizattlin Pursuant to the provisions of Chapter 615 of the Laws of the State of New York. 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance 'en- titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDERTOWN WATERS;!', and in accordance with the ... Board adopted at a meeting held on .......29, 0 Resolution of The 2001.., and in consideration of the sum of paid by Gross Sound Ferry Services, Inc. ......................................................... . ... . . ..................... .................... ......... ..................... Orient of ......... .............................. ....... ... ......... .. ... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees aufhorhes ands permits the following: Wetland Permit for the proposed re-grading and application ofstogravel.to the the .4 1000-15-9-15.1,along with proposed installation of curb stops,guardrail 4 area,slid for the installation P S= fence low intensity safety lighting,within the snack bar parking of a berm southward of the Coastal Erosion Hazard Area line,said berm to be planted and stabihzed with a double row ofRosa Ru&osa and a staked snow fence.The location of the berm shall be as depicted on the reined site plan dited August 29,2001 and last revised October 9, 2001;and shall be located at the following coordinates;about 52'south of the CERA line at the sented in all in a, West boundary ofSCTMIS-9-15.1 and about 90'south of the CERA line at the cast boundary ofth'aforesaid lot. .,jplicafion. the orig IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents date.esents to i i be subscribed by a*majority of the said Board as of X �'i ?.� � .IAF ,, �og�FFU(k�OG - =--r//rF---- �� C= Z Trustees TERMS and CONDITIONS The Permittee Cross Sound Ferry Services, Inc. residing at P.O. Box 33, New London CT 06320 N. Y., as part of the consideration for the issuance of the Permit does upderstand and prescribe to the fol- lowing: i. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of say opev ation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete-exclusion of the Board of Trustees of the Town of Southold 24 2. That this Permit is valid for a period of - mos. which is considered to be the estimated time'required to complete the work involved, but should ciranbscances warrent, request for an extension may be trade to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That she work involved will be subject to the inspection and approval of the Board lir its agents, and non-compliance with.the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. G. That there shall be no interference with the right of the public to pass and repass along the beach between high and,low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the locattion of the work herein authorized, or if, in the opinion of the Board of Trustees, du. work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold S. That the said Board will be notified by the Permittee of the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents &at may be requited sup- plemental p•plemental to this permit which may be subject to revoke upon failure to obtain same. r ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. BOX 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (631)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER(631) 369-2065 P. O. Box 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 JOHN M.WAGNER (631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA October 31, 2001 ANTHONY C. PASCA NICA B. STRUNK Planning Board Southold Town Hall . ` 53095 Main Road Nov 0 i Southold, NY 11971 Southold gown Re: Cross Sound Ferry/Town of Southold gig 4—Br Dear Chairman and Board Members Enclosed please find copy of letter Cross Sound Ferry received from Raytheon Systems Company after the September 11, 2001 tragedy We request that this letter be made part of the record. Very truly yours, 0 ,, ��i li•l aill W. 1�iJilel.v /in] Enclosure cc/enc.• Francis Yakaboski, Esq. ent ay: ##; 8604403492; Oct-3-01 10:05; Page 2/2 Raytheon systems Company � �1lOIIII P.O.Box 6so246,M/5 8525 Dallas,Texas 75266 USA September 25, 2001 Cross Sound Ferry 2 Ferry Street New London, CT 06320 Dear Sir, We would like to express to you our sincere thanks and please pass along our appreciation to your staff for the outstanding Job they all did when we arrived for passage on September 11, 2001. Upon our arrival at Orient Point around 2:00 PM, we could tell they were starting to bend under the Intense pressure of events earlier in the day at the World Trade Center. In spite of the stressful circumstances and heavy volume of customers, everyone from the reservation desk, loaders,traffic coordinators, to the captain and his mates, no one broke. We could have used a beer on the 4:30 boat but the captain walked the deck and explained that with the extra ship, there was a shortage of staff to run the concession and no one complained. We arrived safely on the mainland and drove through the night, around the dock and arrived back home in Texas once again safely early Thursday morning. We never would have made it home If we hadn't successfully gotten off Long Island. I personally hope one day again to ride your ferry under much more pleasant and leisurely circumstances. Thank Da all once a William Sterchak David Montgomery Applications Engineer.Active Devices Deputy Manager Raytheon Electronic Systems Raytheon Electronic Systems Plano,Texas Plano,Texas J,0,Za.4. Rom &dt vid Kara eema Sr. Mo Specialist Raytheon Electronic Systems Raytheon Electronic Systems EI Segundo, California Plano,Te (tggan Plann Electronic Systems Plano, Texas PLANNING BOARD MEMBERS ��S�FFU��-c BENNETT ORLOWSKI,JR. �0 �G Town Hall, 53095 State Route 25 Chairman O ?� P.O. Box 1179 ' WILLIAM J.CREMERS Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2001 Mr. Richard E. Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 36 Nugent Street Southampton, NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM#1000-15-9-10.1, 11.1 & 15.1 Dear Mr. Warren: The following took place at a meeting of the Southold Town Planning Board on Monday, October 15, 2001: BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry open. The next Planning Board Meeting is scheduled for November 5, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman COUNTY OF SUFFOLK AR ROBERTJ GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING September 14, 2001 Planning Board Town of Southold Re: Site Plan entitled"Cross Sound Ferry" @ Orient in the Town of Southold(SD-01-03) Pursuant to Section 239L &M of the General Municipal Law,the above referenced which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. This determination was set forth with the understanding that premises will be encumbered by specific mitigation measures in the August 13, 2001 Town of Southold SEQR Negative Declaration(Determination of Significance) for this project. NOTE:Does not constitute acceptance of any zoning action(s)associated therewith[before any other local regulatory board]. Very truly yours, k Thomas Isles L ._ 4 Director of Planning & ' � �PAT S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2001\SEPT\SD01-03-WPD LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P O BOX 6100 ■ (63 I) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER 63 I) 853-4044 REr'! wST FOR JWICLALL INTERV NTION , SWIREME COURT, 81U11-OLK COUNTY - For Clerk'Only /S INLEJ NO. DATE PURCHASED: 9/12/2001 �yC. x Petitioners: 2/C Southold Citizens for Safe Roads, Inc. Ins entry date G North Fork Environmental Council, Inc. Respondent; - Planning Board of the Town of.Southold RALFEE PAI Judge Assigned and Cross Sound Ferry Services, Inc. EOISM r two RJI Date Date issue joined: N/A Bill of particulars served (YIN) : I )Yes [ )No .... .. .. ... .. .. .... ...... ............ ............... NATOBtB OF JUDICIAL Ij. . (check CU box only AM enter information). [ ] Request for preliminary conference DeNotice of petition Cretum date. ) Relief sought annulment of Ylanntng I 1 Note of issue and/or certificate of l5oard action tt - readiness [ l Notice of medical or dental malpractices action (specify: ) { I Notice of motion (return date: ] Relief sought [ ] Statement of net worth [ ] Order'to show cause writ of habeas corpus - RECEIVED (clerk enter return date: Relief sought [ I other (specify: [ 1 other ex parte application (specify: ZU ) �ilAtS OF Amon OR Et10CSND17TG {Check =M box only) Southold row Clerk WannaM TORTS [ ] Contested -CM Malpractice [ ] Uncontested -UK [ ) Nedicaf/Podiatric _KK [ ] Dental _DX cpm, [ ) *Other Professional -OPM [ ] Contract -CONT [ ] Corporate -CORP [ l motor Vehicle -MV [ 1 insurance (where insurer is a [ ] *products Liability -PL party, except arbitration) -INS [ l UCC (including sales, negotiable -UCC { ) Environqwntal -Ex instruments) [ l Asbestos -ASH [ ] *Other commercial _OC [ l Breast VWlant -BI ( ) *Othor Negligence -OTA *other Tort (including [ ) Tax Certiorari -TAX intentional) -01' [ ] Foreclosure -FOR [ ) Condemnation -COND SPIAL FROC88 nm ( ] Landlord/Tenant -LT [ ] Art- 75 (Arbitration) -ARr75 { ) ;Other Real Property -ORP [ ] Art. 77 (Trusts) -ART-#? [ Art. 78 -ART78 [ ] Election Law -ELEC OTMM [ ] Guardianship (MM Art. 81) -GUARDS 1 [ ) * _OTH [ ] *Other Mental Hygiene -M(YG * If astel1lk wad, please [ ,] *Other Special Proceeding -052 ;�. •`f ;- ;;;� i� a +(.i➢1u' '� � �,` (. �.t IN cc. Town Board . Town Attw meyf Planning Bd a Bldg Dept SEP 212001 J. c�ushman Roy Reeve Agency y Wm Mullen South-1 d Town C NYES' or "1 " for each of '`� foll.�i87} tit . Is &his action/proceeding agaii s NOYES No ; [ ) Municipality: Planning Board of thiel le public Authority. (specify Town of Southold 1 {specify ) l� No [ ] Does this action/proceeding seek equitable relief? [ [✓J Does this action/proceeding seek recovery for personal injury? [ ] [Vf Does tbis action/proceeding seek recovery for property damage? Fote Ift Frames tis dies to ;LU•ca"s emmVt contested zatrimoa{3 and tax aextioxizi Cases) Estimated time period for case to be ready for trial (from filing of AJI so filing of Note of Issue): e��eait.ea: 4-S swaths 0 Staada_+^d: 9-12 aontbs ❑ complex: 13-15 aouths Salt ted p+�,.;�++a>> Cases Only: (Check and give date) �Y Has sum:eons been served? b No a Yes, Date Was a Notice of No Necessity filed? o No ❑ Yes, DatVMe PETITIONERS NasseAddmeA r3 anUC Ge4abl 30315 Main Rd. 13 WICKHAM, WICKHAM & BRESSLER -C• Mattituck,NY 11952 (631) 298-835 p Thomas Rafferty 825 Eighth Avenue (212) 474-183 CRAVATS, SWAINE & MOORE New York NY 10019 s s sel { haeme unknown D *Self ikoxesented: pasties srpsesentiaq ( selves, at-bout an attorney, fox the "self'Rep." boot and eater their nese, adds+ss. aad�mon4 # is the sp4Ce pravlAed above fox attoxaega. i INSUPTU%NC8 __CA888• (iF gm, xr3 to "AMM - % 1�. Cwt m��ationsbits- Town of- Southold V. 95-16363 Supreme Court, same subject matter Cross Sound Ferry Services, Inc. Suffolk County am WOR am so 3XLA7l'dD Imam P1�OC8�#nm, um 1t8 =T I= Ave 0MUM MM � VMMO0NLi am Frx+BD OR Isommum. Dated: September 12, 2001 �r.R✓-�—�C I i (PRINT OR PYPE NAiSB) . &TORNET FOR petitioners ATE= Rmm s ZF mmss= To PR mm mmunm =M=05 \(orwa\rji2ooe..�w ' k � I f SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of SOUTHOLD CITIZENS FOR SAFE ROADS, INC. and NORTH FORK ENVIRONMENTAL COUNCIL, INC., . Petitioners, Index No. O1- for Judgment pursuant to Article 78 of the Civil Practice Law and Rules NOTICE OF PETITION -against- PLANNING BOARD OF THE TOWN OF FILVD SOUTHOLD, AND CROSS SOUND FERRY SEP Z 1001 SERVICES, INC. , Responden EDV*Jtp P•ROMAINE rV CLERK To: Planning Board of the Town of Southold Cross Sound Ferry.Services, Inc. Town Hall 2 Ferry Street 53095 Main Road P.O. Box 33 P.O. Box 1179 New 'London, Connecticut 06320 Southold,NY 11971 PLEASE TAKE NOTICE THAT, upon the annexed Petition, duly verified on the 12th day of September, 2001,the undersigned will move this Court, at the Supreme Court Building, 235 Griffing Avenue,Riverhead,New York, on the 19th day of October, 2001, at 9:30 a.m., or as soon thereafter as counsel may be heard, for a judgment,pursuant to Article 78 of the Civil Practice Law and Rules (1) annulling, reversing and setting aside an SEQR negative declaration, adopted on August 13, 2001, by the Respondent Planning Board of the Town of Southold and described in the annexed W:09/12/01-12:33p>> 1 Petition; and(2) granting Petitioners such other and further relief as the Court may deem just and proper, upon the grounds that the Planning Board failed to perform the duties enjoined upon it by state and local law; acted in violation of lawful procedure; made a determination that was affected by an error of law,that was arbitrary and capricious, and that was an abuse of discretion; and made a determination as a result of a hearing held, and at which evidence was'taken,pursuant to direction by law, that was, on the entire record,unsupported by substantial evidence. PLEASE TAKE FURTHER NOTICE THAT a verified answer and supporting affidavits, if any,must be served at least five(5) days before the return date of this application, i.e., October 12, 2001. PLEASE TAKE FURTHER NOTICE THAT,pursuant to Section 7804 of the Civil Practice Law and Rules,Respondent is directed to file with the Clerk of this Court its verified answer and supporting affidavits, if any,together with certified transcripts of the records of the proceedings,together with the entire official file containing the records'of the hearings held by Respondent in this matter, including the decision, application,testimony, exhibits, and all other papers and documents submitted for consideration thereof. This proceeding is commenced in Suffolk County on the grounds that the negative"declaration was made and issued by the Respondent in that county. September 12, 2001 WICKHAM,WICKHAM&BRESSLER,P.C. ByVaneGeas; d W:09/12/01-12:33p>> P.O. Box 1424 Mattituck,NY 11952 (516) 298-8353 Thomas G. Rafferty CRAVATH, SWAINE& MOORE 825 Eighth Avenue New York,NY 10019 (212)474-1000 Attorneys for Petitioners Southold Citizens for Safe Roads, Inc.,and North Fork Environmental Council, Inc. <<NYLIT-1326395.1:9116W:09/12/01-12:33p>> SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of SOUTHOLDD-CITIZENS FOR SAFE ROADS, INC. and NORTH FORK ENVIRONMENTAL COUNCIL, INC., Petitioners, for Judgment pursuant to Article 78 of the Civil Index No. 01- Practice Law and Rules VERIFIED PETITION -against- r PLANNING BOARD OF THE TOWN OF SOUTHOLD and CROSS SOUND FERRY SERVICES, INC. SEP 122001 Respondents. EDWARp P.1ROMAIN9 COUNTY ARK, This is an Article 78 proceeding challenging a declaration by the Planning Board of the Town of Southold(the "Planning Board") (a copy of which is attached hereto). NATURE OF THE PROCEEDING <<NYLIT-378752.1:9116W:09/12/01-2:91p» In 1995 Cross Sound Ferry, Inc. (the,"Ferry") sought and received permission from the Planning Board to add 69 parking spaces at the Ferry's Orient Point facility. The Ferry characterized these parking spaces as "employee and long term parking". Within weeks of receiving approval for that alteration--approval that did not involve any environmental review--the Ferry announced the introduction of a high speed, passenger-only service (the "Passenger Ferry"). This new service involved a boat with a capacity of several'hundred passengers notwithstanding the fact that at the time the Ferry 'had authorization for parking less than 100 vehicles at its Orient Point facility. Confronted with this substantial alteration in the nature and intensity of the Ferry's operation at Orient Point, in particular the potential parking and traffic impacts of the Passenger Ferry service capable of transporting several hundred persons per trip,the Town of Southold and its Planning Board sought to have the Ferry submit a new site plan reflecting its entire operation at Orient Point, including its new Passenger Ferry. Six years of litigation ensued involving numerous proceedings. In 1996,the Planning Board determined that the Ferry's changes in the intensity and nature of its Orient Point operation,including the parking required for the Passenger Ferry, involved,a Type I action under SEQRA and required a Positive Declaration. In two separate Article 78 proceedings, the Ferry challenged both the SEQRA Type I determination and the Positive Declaration of the Planning Board. Both of the Ferry's challenges Were deemed meritless and the Ferry's petitions were dismissed. The Ferry also challenged the constitutionality of the Southold Town Code provisions that required a new site plan where the nature and intensity of usage <<NYLIT-378752.1:4116W:09/12/01-2:41p>> under an existing site plan had changed. Again,the Ferry's challenge was dismissed by Supreme Court. Following the rejection of all of the Ferry's attempts to avoid the environmental review required by law, the Ferry purported to reduce the scope of their "action" at Orient Point to a request to park an unspecified number of cars on the "snack bar" lot--one of the lots that comprise the facility as part of their "ongoing operations", which had never been subjected to a complete,environmental,review. On the basis of that purported reduction in scope,the Planning Board reversed its prior Type,l determination along with its prior Positive Declaration. The Planning Board's current position--that the Ferry's action of introducing a four-hundred-person Passenger Ferry that runs (in peak season) six trips a-day from,Orient Point,the parking necessary to support that service and the traffic it generates--are appropriately designated an unlisted action with no likely substantial impact on the environment was arbitrary and capricious, an abuse of discretion, unsupported by substantial evidence and a failure to perform its duty as lead agency under SEQRA. With respect to the designation as an unlisted action,the Planning Board previously found that the impact of the introduction of the high speed ferry was in fact a Type I action. Nothing has changed in that regard that would remotely justify the current fmding that-this is an unlisted action. The Ferry's Orient Point facility is entirely within a critical environmental area. The Ferry continues to operate the Passenger Ferry with six peak trips a day,from Orient Point, with a potential to carry 400 passengers per trip. <<NYLIT-378752.1:9116W:09/12/01-2:9'lp>> More importantly,the Orient Point facility is substantially contiguous to both the County Park at Orient Point as well as Orient Beach State Park, a National Natural Landmark. On its face, the Ferry's current proposal involves the development of 3.65 acres which,pursuant to SEQRA § 617.4(b)10, requires a Type I designation. l Moreover,neither the Ferry nor the Planning Board have indicated how many parking spaces will ultimately be involved in this new site plan to support the Passenger Ferry. It is therefore clearly arbitrary and capricious and an abuse of discretion for the Planning Board to have designated this an unlisted action since to the extent that more than 250 parking spaces are involved, SEQRA § 617(b)10 would require a Type I designation. There is no dispute that the peak capacity of the Passenger Ferry is some 2,400 persons per day from Orient Point, yet the Planning Board has made no effort to determine, and has given no indication as to how many parking spaces will be necessary to support this service. During the Planning Board's consideration of this issue, ' CSR submitted an analysis and actual counts of parking at the Orient Point terminal by an independent traffic consultant which indicted that on July 15,2001 some 363 cars were being parked on the facility which had site plan approval for only 71 parking spaces. In view of that uncontroverted evidence that the number of parked cars being currently generated by the Passenger Ferry service greatly exceeded the threshold for a Type I designation,the Planning Board's determination that this was an unlisted action was arbitrary and capricious; an abuse of discretion,unsupported by substantial evidence and a failure to perform its duty as lead agency under SEQRA. <<NYLIT-378752.1:9116W:09/12/01-2:91p>> Similarly,the Planning Board's determination that the Passenger Ferry with a current peak capacity of 2,400 passengers per day leaving Orient Point and the traffic and parking requirements resulting from such a service in a critical environmental area substantially contiguous to a National Landmark and City Parkland will not have a significant effort on the environment is unsupported by any substantial evidence, arbitrary and capricious, an abuse of discretion and in violation of the Planning Board's duty as lead agency under,SEQRA. Accordingly Petitioners SCSR and NFEC seek an order directing the Planning Board to comply with the Requirements of SEQRA by conducting a full environmental review of the Passenger Ferry's operations at Orient Point as a Type I Action. PARTIES TO THE PROCEEDING 1. Respondent Planning Board of the Town of Southold is a public body established by the Town of Southold and is responsible for reviewing all site development plans required by the Southold Town Code. The Planning Board was the State Environmental Quality Review(SEQRA") local agency in the SEQRA negative declaration at issue here. Respondent Cross Sound Ferry Services, Inc. is a Connecticut corporation which operates a ferry terminal at Orient Point,NY. 2. Petitioner Southold Citizens for Safe Roads, Inc. ("SCSR') is a New York not-for-profit corporation comprised of Southold residents and property owners. Membership in SCSR is open to all Southold residents and property owners. The members of SCSR currently include persons who own property or reside along <<NYLIT-376752.1:4116W:09/12/01-2:41p>> i Route 25, the only access road to the Ferry's Orient Point facili , as well as persons who own property or reside in the immediate vicinity of the Ferry's facility at Orient Point. SCSR was organized to promote the interests of Southold residents and property owners in ensuring the safety of Southold's roads, in preserving the quality of life and the.value of property in the community, and in protecting Southold's environmental resources. SCSR has been an active participant in the proceedings before the Planning Board and a P p P g litigant in a number of the actions related to the subject matter. 3. Petitioner North Fork Environmental Council,Inc. ("NFEC") is a New York-not-for-profit corporation comprised of approximately 1,000 members and serving the two North Fork towns of Riverhead 7 d Southold since its incorporation in 1972. Membership in NFEC is open to the public, including residents of Southold and Riverhead. NFEC works to maintain North Fork as a healthy, livable_ environment; to preserve its natural resources; to encourage the use of natural resources in ways that enhance the environment; to advocate an ecologically sound approach to regional, environmental lannin ;to educate thepublic ublic to act w 1th intelligence in the g P g p interest of the environment; and to recommend and undertake action in government polices that effect the environment. FACTUAL AND PROCEDURAL BACKGROUND I: THE INTRODUCTION OF HIGH-SPEED PASSENGER-ONLY SERVICE WITHOUT COMPLIANCE WITH STATE AND LOCAL LAW The Site <<NYLIT-378752.1:4116W:09/12/01-2:41p>> 4. Cross Sound Ferry Services, Inc. ("the Ferry") operates vehicular and passenger ferries between New London, Connecticut and a facility located at the eastern terminus of State Route 25 at Orient Point in the Town of Southold. 5. The Ferry owns or controls four parcels of land at the Orient Point site. 6.. The fust parcel is designated Lot 15-09-10.1 on the tax map of the Town of Southold. This.parcel will be referred to as the"Parking Lot." 7. The second parcel is designated as Lot 15-09-11.1 on the tax map of the Town of Southold. The Ferry's ticket offices are located on this parcel, which will be referred to as the"Ticket Office Lot". 8. The third parcel is designated as Lot 15-09-15.1 on the tax map of the Town of Southold. The Ferry operates a snack bar on this parcel,which is referred to as the-"Snack Bar Lot". 9. The fourth parcel is designated Lot 15-09-3.5 on the tax map of the Town of Southold and is owned by a trust in the name of Adam and Jessica Wronoski, who are family members of John P. Wronoski,the president of the Ferry. This parcel will be referred to as the "Trust Parcel Lot". The Ferry's 1984 Site Plan 10. The Parking Lot, Ticket Office Lot and Snack Bar lot are each zoned as "MII"under the Southold Town Zoning Code. 11. The uses permitted in the MII zone are set forth in § 100- 121 of the Zoning Code. Section 100-121(B)(2)provides that"ferry terminals"are <<NYLIT-378752.1:9116W:09/12/01-2:41p>> permitted with a special exception permit from the Board of Appeals, subject to site plan approval by the Planning Board. 12. In 1984,the Ferry obtained site plan approval from the Town of Southold for a vehicular ferry service consisting of three boats and a peak schedule of twelve trips per day from Orient Point. The destination of the ferry service was and is New London, Connecticut. 13. Upon information and belief,the 1984 site plan included seven parking spaces on the Ticket Office Lot. Because the Ferry's operation involved vehicle transport,the Planning Board concluded, at that time,that there was no need to provide for any additional vehicle parking at the terminal. The Ferry Announces Unauthorized High-Speed,Passenger-Only Service without Obtaining Site Plan Approval 14. In 1995,the Ferry applied to add 69 parking spaces, located on the Parking Lot,to the 1984 site plan. 15. Upon information and belief, at the time of its application for these additional spaces,the Ferry represented to the Planning Board that the parking spaces were being added to accommodate long-term and employee parking. At that time,Ferry never advised the Planning Board of any proposed change in the nature or intensity of the ferry service at Orient Point. 16. Upon information and belief, in early June 1995,the Planning Board approved the Ferry's application for those 69 additional parking spaces. At the time the Planning Board approved those 69 additional parking spaces it was unaware that <<NYLIT-378752.1:9116W:09/12/01-2:91p>> r the Ferry intended to fundamentally change the nature and intensity of the Ferry's use of the Orient Point site by introducing a high-speed,passenger-only service capable of carrying 400 passengers per trip. As a result, the Planning Board unwittingly helped the Ferry's ongoing attempts to segment SEQRA review in violation,of the clear legislative purpose and directive of the statute. Rather than being correctly considered as part and parcel of a substantial and environmentally significant change in the use of the site,the Ferry's 1995 application was considered piecemeal and out of its real context. 17. Upon information and belief, on June 19, 1995,the then- Supervisor of the Town of Southold, Thomas Wickham,met with Richard MacMurray, the Vice President and General Manager of the Ferry. During that meeting, Mr. MacMurray introduced, for the first time, the idea that the Ferry might offer passenger- only ferry service. Mr. MacMurray spoke of offering one passenger-only ferry trip per day, which would be linked to the Long Island Railroad by a bus connection between Greenpoint and Orient Point. 18. Upon information and belief on June 23, 1995, less than three weeks after receiving site plan approval for the 69 parking spaces and just a few days after Supervisor Wickham's meeting with Mr. MacMurray,the Ferry announced it would introduce a high-speed,passenger-only ferry service. This new ferry service would use boats with a passenger capacity of 400, operating not one,but six, round trips per day from Orient Point to New London. The Ferry announced that its new"Express Service" would be available as of July 19, 1995. <<NYLIT-378752.1:4116W:09/12/01-2:41p>> f 19. Upon information and belief on June 27, 1995, Supervisor Wickham notified Mr. MacMurray that he believed that he had been misled as to Ferry's intentions with respect to the passenger-only ferry service. 20. Upon information and belief on July 13, 1995, Supervisor Wickham again met with Mr. MacMurray. At this time, Supervisor Wickham informed Mr. MacMurray that the Town of Southold required the Ferry to submit a revised site plan and obtain approval of that site plan before the Ferry could commence its high- speed,passenger-only service. Mr. MacMurray would not agree to suspend the introduction of the Ferry's new°service until revised site plan approval was obtained. 21. On July 14, 1995, the Planning Board met and determined that the proposed addition of high-speed,passenger-only service by the Ferry constituted a significant change in the nature and intensity of CSF's operation at Orient Point, and therefore, the Board resolved that CSF was required to apply for and receive site plan approval prior to implementing the new ferry service. 22. , Upon information and belief the Planning Board's resolution was based upon its conclusion that the introduction of a passenger-only ferry service constituted a significant change in the nature of the Ferry's use of its facility which, at the time, involved a vehicle ferry service only. The Ferry's site,which is located in a designated critical environmental area, was never designed to accommodate the parking and traffic demands that would invariably be created by a passenger-only ferry service. The Board further determined that the change in the nature of the ferry service was significant regardless of the number of daily passenger-only trips offered. <<NYLIT7378752.1:4116W:09/12/01-2:41p>> 23. Upon information and belief the Planning Board's resolution was also based on its conclusion that the introduction of a passenger-only ferry service offering six trips per day constituted a significant intensification of the Ferry's use of its facility at Orient Point. The Town Sues to Prevent Introduction of Unauthorized High-Speed/Passenger- Only Ferry Service without Site Plan Approval_ 24. In order to enforce the Planning Board's July 14, 1995 resolution in the face of the Ferry's,refusal to suspend introduction of the high-speed,passenger-only service until the Ferry obtained site plan approval,the Town of Southold filed an action against the Ferry in,this Court on July 17, 1995. (Town of Southold v. Cross Sound Ferry Services, Inc.,No. 95-16263) ("Cross Sound P'). 25. In its verified complaint in Cross Sound I, the Town sought to require the Ferry to submit its plans for expansion to the legally required review process and, pending review and approval of a revised site plan,to (i) enjoin the operation of the high-speed,passenger-only ferry service, and(ii) enjoin unauthorized use of the Snack Bar Lot for ad-hoc parking. 26.' On July 18, 1995, Supreme Court, (Hon. Patrick J. Henry presiding),recognized that the Ferry's proposed expansion represented an increase in the intensity of use at the site, but denied the Town's request for a temporary restraining order, adjourned sine die the Town's request for a preliminary injunction and urged the parties to resolve the matter. <<NYLIT-378752.1:4116W:09/12/01-2:41p>> r-- 1I: THE TOWN'S ABORTIVE ATTEMPTS TO FORCE THE FERRY TO COMPLY WITH STATE AND LOCAL LAW The Ferry's 1996 Site Plans 27. For nearly nine months following this Court's decision of July 18, 1995, the Ferry did not submit the site plan requested by the Planning Board and required by § 100-250 of the Town,Code. Nor did the Ferry complete an Environmental Assessment Form as required by § 617.6 of SEQRA during this time. 28. On April 11, 1996,the Ferry finally submitted what it characterized as a"preliminary site plan" application. The Ferry's April 11, 1996 site plan application did not address the effect of the high-speed passenger-only ferry service. The application also did not address the Ferry's non-conforming use of the Snack Bar Lot. Indeed,the Ferry's application specifically reserved its stated position that both this Court and the Town lacked the authority to compel the Ferry to comply with existing state and local laws. The Ferry's reservation also purported to legitimize—and thereby exempt from review—its ongoing non-conforming use of the Orient Point facility. Specifically,the Ferry purported to reserve its right to operate the passenger-only ferry and to continue to use the Snack Bar Lot for ad-hoc parking. 29. On or about May 13, 1996, the Ferry resumed its operation of the high-speed, passenger-only service for a second season. That service was resumed without the Ferry having obtained site plan approval as required by § 100-253 of the Southold Town Code and without having complied with the provisions of SEQRA. In addition,the Ferry appeared to have physically altered the Trust Parcel Lot in connection <<NYLIT-378752.1:9116W:09/12/01-2:91p>> with its plans to,turn that parcel into a parking facility. The Ferry also continued its non- conforming use of the Snack Bar Lot. 30. Despite the resumption of the passenger-only ferry service by the Ferry, the Town of Southold did not then act to enforce the July 14, 1995 resolution or the laws on which it was premised. Moreover, despite the unambiguous language of SEQRA which requires full compliance with its provisions before any action may commence,the Town of Southold did not act to enforce SEQRA. 31. In response to the Ferry's disregard of both state and local law and the Town's intermittent and dilatory responses, SCSR moved, on April 23, 1996, to intervene in the Town's lawsuit against the Ferry(Cross Sound 1) in order to protect the interests of its members. SCSR's intervention motion was granted by this Court (Hon. John J. Dunn) on August 7, 1997. 32. In the summer of 1996—while the Ferry's passenger-only service was running without the requisite regulatory approvals for a second season—the Planning Board, as the designated"lead agency"under SEQRA, finally began considering the Ferry's site plans in order to determine whether they were subject to further review under SEQRA., 33. On July 8, 1996, at a regularly scheduled meeting of the Planning Board, the Ferry submitted what it claimed was a"final"revised site plan. The Ferry's July 8, 1996, "final"revised site plan, like the "preliminary site plan" of April 11, 1996, only covered the proposed high density parking and did not address the operation of the passenger-only ferry service or the physical alterations undertaken to support that service. <<NYLIT-378752.1:4116W:09/12/01-2:41p>> fr_ , 1 The Planning Board did not accept the site plan,but advised the Ferry to submit a comprehensive site plan. 34. At the next Planning Board,meeting on July 29, 1996,the Ferry submitted three documents. The first document was the same proposed site plan that was previously rejected by the Planning Board as incomplete. The second document was an "as is" site plan that did not indicate the nature and extent of the Ferry's proposed changes. The third document was a"concept drawing"which the Ferry did not and could not represent to be a site plan because it involved use and alteration of property not owned or controlled by the Ferry,including a state right-of-way that provides the only access to the public beach. 35. Following this meeting, the Planning Board accepted,for purposes of SEQRA review,the very same site plan that it had previously rejected as too limited, and undertook to circulate all three documents to the relevant authorities. In response to the public's objections at that meeting,the Board represented that any shortcomings in the Ferry's proposed site plan would be resolved as part of the SEQRA review. The Planning Board Issues a SEQRA Positive Declaration and Requires the Ferry to Prepare an Environmental Impact Statement 36. On September 16, 1996,the Planning Board issued a State Environmental Quality Review Act Positive Declaration classifying the Ferry's revised site plan application as a"Type I" action. A Type I classification carries with it the presumption that it is likely to have a significant adverse impact on the environment. <<NYLIT-378752.1:9116W:09/12/01-2:91p>> 37. The Planning Board gave ten reasons for issuing,a Positive Declaration: (i) The project"is located adjacent to the surface waters of Gardiners Bay, which comprises a portion of the Peconic Bay Estuary, and lies within the Orient Point Critical Environmental Area". In addition, the project is in proximity to the Orient Beach State Park and 48+acres of County Owned Land". (ii) "The proposed action will cause a significant increase in the intensity of land use on the project site, as a function of the expanded parking, demand for parking in connection with ferry operations and on-site traffic circulation for parking access." (iii) "The proposed action may change the need and use of public and pedestrian transportation services (including existing bike trail), and may increase the demand for other community services including fire,policy,recreational facilities and utilities." (iv) "The proposed action will cause a significant increase in the number of vehicle trips which utilize off-site infrastructure facilities primarily including existing transportation systems." (v) "The project may adversely change noise and air quality as a function of increased traffic, and/or may'substantially increase solid waste generation." (vi) "Increased intensity of site use for high speed ferry service will increase the use of on-site facilities,particularly sanitary flow and water use, and may result in an adverse impact on the environment." (vii) "The project may impact visual and aesthetic resources, particularly as regards lighting, and use during both daytime and night time hours." (viii) "The proposed project may cause growth inducing aspects associated with the proposed project. -In addition,the study of mitigation of potential environmental impacts and alternatives would be facilitated by the preparation of a Draft EIS." <<NYLIT-378752.1:9116W:09/12/01-2:91p>> (ix) "The project involves multiple agency jurisdictions and permits, and the comprehensive review of potential impacts would be facilitated through the preparation of a Draft EIS." (x) "Impact of passenger only jet boats on marine environment." 38. Pursuant to the provisions of SEQRA,the Positive Declaration issued by the Planning Board required that an Environmental Impact Statement("EIS") be prepared to analyze the environmental effects of the Ferry's proposed and ongoing operations at Orient Point and to determine whether and how such effects can be minimized. The Ferry Sues to Challenge the Planning Board's SEQRA Positive Declaration (Cross Sound II) 39. Rather than continue the administrative review that it had previously urged this Court not to disturb,the Ferry filed an Article 78 proceeding against the Town on-October 16, 1996. (Cross Sound Ferry Services, Inc. v. Planning Board of the Town of Southold,No. 96-26389.) ("Cross Sound IT'). 40. The Ferry's petition in Cross Sound II sought the annulment of the Positive Declaration on three grounds: (i)the Ferry disputed the Planning Board's conclusion that SEQRA required the environmental impact of the Ferry's expansion and intensification of use be conducted in a non-segmented manner(i.e., that the review consider the entirety of the Ferry's operation, including the high-speed service,rather than only the proposed conversion of the Trust Parcel Lot into a parking facility); (ii)the Ferry maintained that it was wholly or partially exempt from the application of local police power and state environmental law by virtue of its status as an interstate water- <<NYLIT-378752.1:4116W:09/12/01-2:91p>> carrier service; and (iii) CSF rejected the Planning Board's conclusion that the Ferry's activities at its Orient Point site were a"Type I" action under SEQRA. 41. On November 20, 1996, SCSR moved to intervene in Cross Sound H. Supreme Court (Hon. John J. Dunn) granted SCSR's motion on September 11, 1997. The Planning Board Adopts a Scoping Outline for its Review of the Ferry's Site Plan Applications 42. During the fall of 1996,the Town developed, with the assistance of its environmental consultant, a draft scoping outline which established the content and format of the draft EIS required to review the Ferry's operations. 43. On November 4, 1996,the Ferry submitted its proposed scoping outline, and on December 4, 1996 a public scoping hearing was held at the Southold Town Hall. On December 16, 1996,the Planning Board's environmental consultant submitted the"Cross Sound Ferry SEQR scoping outline," and the Planning Board passed a resolution adopting that scoping outline. That scoping outline requires a non- segmented review of CSF's entire expansion at Orient Point, including its unauthorized introduction of the high-speed, passenger-only ferry service and its non-conforming use of the Snack-Bar Lot. 44. On January 15, 1997, in yet another effort to thwart environmental review of its operations at Orient Point, CSF commenced a second Article 78 proceeding against the Town, Cross Sound Ferry Services, Inc. v. Planning Board of the Town of Southold, Index No. 97-01312 ("Cross Sound III"). This petition sought annulment of the resolution of the Planning Board adopting the scoping outline. CSF's petition in <<NYLIT-378752.1:9116W:09/12/01-2:91p>> Cross Sound III reiterated its contention that this Court and the Town of Southold lack the authority to regulate its actions at Orient Point. 45. On February 10, 1997, SCSR moved to intervene in Cross Sound III. Supreme Court (Hon. John J. Dunn) granted SCSR's intervention motion on September 11, 1997. 46. Upon information and belief beginning on or about May 1, 1997, the Ferry resumed operation of its high-speed,passenger-only service for a third consecutive season. The-operation of that service was in violation of state and local environmental law as well as local zoning law. CSF also continued its non-conforming use of the Snack Bar Lot. 47. On April 29, 1997, counsel for the Ferry, William W. Esseks, requested an adjournment of the Ferry's two Article,78 proceedings against the Town (Cross Sound II and III)until the fall of 1997. Despite SCSR's opposition, on May 8, 1997, counsel for the Town,Francis J. Yakaboski,wrote to this Court confirming that he had, in fact, agreed with Mr. Esseks to adjourn the Ferry's Article 78 petitions in Cross Sound II and III until the fall of 1997. 48. ' In the fall of 1997,the Ferry sued the Town yet again in-an action entitled Cross Sound Ferry Services, Inc. v. Town of Southold, Index No. 97-24900 ("Cross Sound IV'). In this action, the Ferry challenged the constitutionality of those provisions of the Town Code that require it to obtain site plan approval. 49. The Ferry's petition in Cross Sound II challenging the Planning Board's Positive Declaration and requirement of an EIS were dismissed by Supreme <<NYLIT-378752.1:9116W:09/12/01-2:91p>> f Court. The Ferry's petition in Cross Sound III challenging the Planning Board's scoping outline was dismissed. The Ferry's action in Cross Sound IV challenging the constitutionality of the Town Code was also dismissed by Supreme Court. III. THE PLANNING BOARD'S FAILURE TO FOLLOW STATE AND LOCAL LAW IN REVIEWING AND APPROVING THE LATEST SITE PLAN APPLICATION BY THE FERRY After Losing All of its Legal Challenges to the Planning Board's Review of its July 29, 1996, Submissions,the Ferry Submits Yet Another Site Plan 50. The Ferry lost all of its legal challenges to the Planning Board's review of its July 29, 1996, site plan submissions: (i) Cross Sound II, which challenged the Planning Board's Positive Declaration; (ii) Cross Sound III, which challenged the Planning Board's scoping outline; and(iii) CrossSound IV, which challenged the constitutionality of the Southold Town Code. 51. Until this time,the Ferry had been operating its high-speed, passenger-only service for six years without receiving site plan approval and without a completed SEQRA review. 52. The last site plan to be reviewed and approved by the Planning Board had been in 1984. That site plan had been submitted prior to the introduction of a Passenger Ferry and included only 7 parking spaces on the Terminal. 53. The only other site plan application by the Ferry to receive approval by the Planning Board was the Ferry's request to add 69 parking spaces to the 1984 site plan.-Although the Ferry made this request shortly before it introduced high- speed,passenger-only service, it did not inform the Town or the,Planning Board of its <<NYLIT-378752.1:9116W:09/12/01-2:41p>> plans for introducing such service. As a result, both the Planning Board's review and approval of the Ferry's request was improperly divorced from the context of that request, in violation of SEQRA. 54. The Ferry's July 29, 1996, site plan submissions purported to cover existing and ongoing operations at the Orient Point site and included four parcels of land: the Terminal Lot,the Parking Lot,the Snack Bar Lot and the Trust Parcel Lot. These site plan submissions were correctly classified by the Board as a SEQRA Type I action presumptively requiring full environmental review. After further consideration of these submissions,the Planning Board issued a Positive Declaration and required a full EIS from the Ferry. 55. Having seen all of its legal challenges to the Planning Board's treatment of the Ferry's July 29, 1996, submissions dismissed,the Ferry did not submit an EIS as required by SEQRA. 56. Instead,the Ferry submitted yet another site plan application., This 2000 application differed from the Ferry's 1996 submissions principally in that it purported to exclude the Trust Parcel Lot from the Ferry's site plans. The 2000 site plan application again sought approval for the Ferry's "existing and ongoing" operations at Orient Point while couching the Ferry's application as a routine request for additional parking spaces. 57. The Ferry's 2000 site plan application sought approval for existing and ongoing operations with 3.65 acres of"project acreage to be developed." Furthermore, even though the 2000 application contravened the express direction of <<NYLIT-378752.1:4116W:09/12/01-2:41p>> SEQRA and sought segmented review of parking in isolation from the Passenger ferry service giving rise to that parking,the application did not even specify how many parking spaces the Ferry was requesting and on what parcels of land. 58.' The omission of any information concerning the number and physical layout of proposed additional parking spaces is especially significant given the capacity of the Ferry's high-speed,passenger-only service. According to the Ferry's web site,the boat providing the passenger-only service has a capacity of 400 passengers and makes six trips per day from Orient Point to New London during peak season a potential 2,400 persons per day arriving at and leaving the Orient Point facility. 59., The Ferry had previously obtained site plan approval for only 73 parking spaces-69 of which were approved by the Planning Board in 1995, weeks before the Ferry introduced high-speed,passenger-only service and without any knowledge of the planned introduction of that service or of its potential parry requirements. 60. Although the Ferry's parking demands are clearly linked to the high-speed, passenger-only service,neither the introduction of that service nor a description of the proposed parking arrangements were included in the 2000 application. In fact, even though the Ferry used the Environmental Assessment Form found in the appendices to 6 NYCRR § 617.20, and even though that form clearly asks the project sponsor in Part 1, B(1)(f)to indicate the number of existing and proposed"off-street parking spaces", the Ferry did not answer that question. Instead, it referred to an <<NYLIT-378752.1:4116W:09/12/01-2:41p>> "attached narrative"that does not contain any answers to the question of how any parking spaces are involved. 61. Information concerning the number of existing and proposed parking spaces remained'absent from all subsequent revisions to the Ferry's site plan application, including the"revised site plan application"dated June 2001 on the basis of which the Planning Board issued a negative declaration. Part 1,B(1)(f) of the Environmental Assessment Form attached to that application simply contained the notation"*Refer to Traffic and Parking section of EAF Addendum". That addendum contains no information on the number of existing and proposed off-street parking spaces. The Planning Board Fails to Follow SEQRA and Misclassifies the Ferry's 2000 Site Plan Application 62. Despite the incompleteness of the Ferry's 2000 site plan application,the Planning Board accepted this application. In doing so, it reversed the positions it had taken with respect to the Ferry's earlier submissions and throughout the ensuing litigation. 63. The Planning Board accepted the Ferry's 2000 site plan application even though it improperly sought segmented review—that is, atomized and piecemeal review of the effects of the Ferry's high-speed;passenger-only service, rather than a comprehensive and unified review—in violation of the clear intent and directives of SEQRA. <<NYLIT-378752.1:4116W:09/12/01-2:41p>> 64. In September 2000,the Planning Board circulated the Ferry's incomplete 2000 site plan application in a SEQRA Lead Agency Coordination Request to -other governmental agencies. 65. Pursuant to the applicable SEQRA regulations,the Ferry's 2000 application should have been classified again as a Type I action: one presumptively requiring full environmental review. Specifically, the application concerned alteration of 3.65 of acreage substantially contiguous to county parkland and the Natural National Landmark at Orient Beach State Park,which,pursuant to 6 NYCRR §§ 617.4(b)(6)(i), 617.4(b)(10), is a Type I action. Nonetheless,the Planning Board misclassified the application as proposing an"unlisted" action: one that did not presumptively require full environmental review. 66. In addition, given the capacity of the Ferry's high-speed, passenger-only boat, it is clear that the Ferry's expanding operations at Orient Point involve parking for more than 250 vehicles substantially contiguous to county parkland and a Natural National Landmark. The Planning Board neither required the Ferry to specify the precise amount of parking, nor did it apparently consider the extent of parking involved. As a result,the Planning Board again violated SEQRA by not classifying the Ferry's 2000 application as a Type I action pursuant to 6 NYCRR §§ 617.4(b)(6)(iii), 617.4(b)(10), in derogation of 6 NYCRR § 617.6(a)(iv). 67. After obtaining a copy of the Planning Board's Lead Agency Coordination Request, SCSR sent a letter dated September 29, 2001,to the chairman of the Planning Board, Bennett Orlowski. After reviewing the history of the Ferry's <<NYLIT-378752.1:4116W:09/12/01-2:91p>> unauthorized operations at Orient Point and the Town's attempt's to force the Ferry to comply with state and local law,the letter pointed out that the application and coordination letter being circulated by the Planning Board were seriously deficient because they improperly segmented review of the Ferry's activities at Orient Point, because they were incomplete on its face, and because the Ferry's request had been misclassified as an"unlisted" SEQRA action when the governing regulations mandated that it be a"Type I" SEQRA action. The Planning Board Disregards SEQRA and Issues a Negative Declaration Concerning the Ferry's 2000 Application 68. After accepting the Ferry's incomplete site plan application, misclassifying it as an"unlisted"rather than"Type I" SEQRA action, and circulating the misclassified and incomplete application,the Planning Board, on August 13, 2001, issued a negative declaration. The negative declaration meant that the Planning Board would require no detailed environmental review of the intensification and change of use of the ferry terminal site resulting from the introduction of high-speed,passenger-only service. 69. The Planning Board made this decision despite the fact that SCSR had informed it that that the underlying site plan application was incomplete and misclassified, and that it improperly sought to segment review of the Ferry's Orient Point operations. 70. The Planning Board made this decision despite the fact that, in a letter dated August 10 to Bennet Orlowski, chairman of the Planning Bard, SCSR pointed out that each of the ten reasons that led it to issue a Positive Declaration in response to <<NYLIT-378752.1:4116W:09/12/01-2:41p>> f � the Ferry's 1996 site plan applications applied with equal force to the Ferry's 2001 site plan application. The Planning Board issued the negative declaration without explaining how the 2001 application addressed the ten reasons for the previous Positive Declaration, 71. . The Planning Board made this decision without specifying, as required by SEQRA, why its narrowly focused review of portions of the Ferry's operations at Orient Point, divorced from the introduction of high-speed,passenger-only service, "was clearly no less protective of the environment". 6 NYCRR §617.3(g)(1). 72. The Planning Board made this decision in reliance on documents that were not.yet complete and not available for comment and review by the public. 73. 6 NYCRR§ 617.1 provides that"[t]his Part [617] is intended to provide a statewide regulatory framework for the implementation of SEQR by all state and local agencies. It includes: (1)procedural requirements for compliance with the law . . .�(3) criteria to determine whether a proposed action may have a significant adverse impact on the environment(section 617.7 of this Part); (4)model environmental assessment forms to aid in determining whether an action may have significant adverse impact on the environment . . . and(5) examples of actions which are likely to require an [Environmental Impact Statement] (section 617.4 of this Part) . . . ." 74. 6 NYCRR § 617.3(a)provides in pertinent part: "No agency involved in any action may undertake, fund or approve the action until,it has complied with the provisions of SEQR. A project sponsor may not commence any physical alteration related to an action until the provisions of SEQR have been complied with." As set forth above, the Planning Board did not comply with the provisions of SEQR. <<NYLIT-378752.1:9116W:09/12/01-2:41p>> Furthermore, despite the Ferry's commencement of physical alterations without compliance with the provisions of SEQR,the Planning Board is now disregarding that fact and is allowing the Ferry purportedly to obtain approval for"existing and on-going operations", even though those existing and ongoing operations were commenced and are continuing in violation of state and local law. 75. 6 NYCRR § 61,7.6(a)(iv) provides in pertinent part that an agency subject to SEQRA must"make a preliminary classification of an action as Type I or Unlisted, using the information available and comparing it with the thresholds set forth in section 617.4 of this Part." 6 NYCRR § 617.4(a)further provides that"The purpose of the list of Type I actions in this'section is to identify, for agencies,project sponsors and the public,those actions and projects'-that'are more likely to require the preparation of an EIS than Unlisted actions. All agencies are subject to this Type I list." As set forth above,the Planning Board did not follow 6 NYCRR§§ 617.4(b)(6)(i), 617.4(b)(6)(iii), . and 617'.4(b)(10), misclassified the Ferry's site plan application as an unlisted action,and circulated the misclassified application to other state and local agencies. 76. 6 NYCRR § 617.3(g)provides: "Actions commonly consist of a set of activities or steps. The entire set-of activities or steps must be considered the action,'whether the agency decision-making relates to the action as a whole or only a part of it." 6 NYCRR § 617.3(g)(1) further provides: "Considering only a part or segment of an action is contrary to the intent of SEQR. If a lead agency believes that circumstances warrant a segmented review,it must clearly state in its determination of significance, and any subsequent EIS,the supporting reasons and must demonstrate that such review is <<NYLIT-378752.1:9116W:09/12/01-2:41p>> clearly no less protective of the environment. Related actions should be identified and discussed to the fullest extent possible." 77. As set forth above,the Planning Board did not follow 6 NYCRR §§ 617.3(g), 617.3(g)(1) in issuing its negative declaration because, inter alia, (1) it acquiesced in the Ferry's de facto segmentation of review through the expedient of applying fora 1995 parking expansion shortly before introduction of high-speed, passenger-only service and without informing the Town or the Planning Board of its plans to introduce that service; (2) it acquiesced in the Ferry's further segmentation of review through the expedient of couching its site plan applications as simply parking expansions when they were part and parcel of the effects of introducing high-speed, passenger-only service; (3)it did not, as it could not, explain why a segmented review was"clearly no less protective of,the environment"or identify and discuss related actions "tu the fullest extent possible." . 78; In adopting the negative declaration,the Planning Board: (i) failed to perform the duties enjoined upon it by state and local law; (ii) acted in violation of lawful procedure; (iii) made a determination that was affected by an error of law,that was arbitrary and capricious, and that was an abuse of discretion; and (iv) made a determination as a result of a hearing held, and at which evidence was taken,pursuant to direction by law,that was, on the entire record, unsupported by substantial evidence. <<NYLIT-318752.1:4116W:09/12/01-2:41p>> PRAYER FOR RELIEF WHEREFORE, Petitioner respectfully prays that this Court enter an order directing the Planning Board to enforce the provisions of the Zoning Code of the Town of Southold and SEQRA by: (a) enforcing the mandatory provisions of§§ 100-250, 100-253 and 100-285 of the Code of the Town of Southold; (c) enforcing the mandatory provisions of SEQRA and the Environmental Quality Review Law of the Town of Southold. Petitioner also respectfully prays that this Court enter an order annulling,reversing and setting aside any unlawful approval of the Ferry's operation of the high-speed passenger-only ferry and physical alteration of the Ferry's site at Orient Point by the Planning Board and enjoining the Planning Board from further approval or authorization of such activities unless and until: (a) the Ferry submits a comprehensive site plan application addressing, in a non-segmented manner, all of the changes it has made and proposes to make to the site and the use of the site since the 1984 site plan was approved; (b) the Planning Board follows SEQRA by requiring a comprehensive, non-segmented site plan from the Ferry,by correctly classifying the Ferry's site plan application as a Type I action presumptively requiring full environmental review, and by circulating a complete and correctly classified site plan application to all other state and local agencies that may have jurisdiction over the Ferry's activities at the site; <<NYL1T-378752.1:4116W:09/12/01-2:91p>> i l (c) the Planning Board follows SEQRA and issues a positive declaration on the basis of a comprehensive site plan application by the Ferry or justifies its failure to follow SEQRA's presumption that the a comprehensive site plan application t by the Ferry requires full environmental review; (d) the Planning Board follows the law and does not grant the Ferry site plan approval until all applicable provisions of the Town Code and SEQRA have been fully complied with. Respectfully submitted, rid . B ssler anetGodsa WICKHAM, WICKHAM&BRESSLER, P.C. 10315 Main Road P.O. Box 1424 Mattituck,NY 11952 (516)298-8353 Thomas G. Rafferty CRAVATH, SWAINE&MOORE Worldwide Plaza 825 Eighth Avenue New York,NY 10019 (212)474-1000 Attorneys for Petitioners Southold Citizens for Safe Roads, Inc. and North Fork Environmental Council, Inc. <<NYLIT-378752.1:4116W:09/12/01-2:41p>> STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) HOWARD MEINKE,being duly sworn, deposes and says: 1. I am president of North Fork Environmental Council,Inc. I reside at Broadwaters Road,Nassau Point,New York, 2. I make this verification pursuant to CPLR § 3020(d). 3. The foregoing Petition is true to my own knowledge, except as to matters therein stated on information and belief and as to those matters I believe them to be true. �V—/et 4� Howard Meink G" Sworn to before me this 12'h day of September, 2001 Not Pu 1' jANEY GEASA Notary public, of awYyodc Qu1162 elled inite�s.l�n nt misss+ X30; Com ion Exp �.VO�- 1 STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) THOR HANSON,being duly sworn, deposes and says: 1. I am president of Southold Citizens for Safe Roads, Inc. I reside at 900 Birdseye Lane, Orient,NY 11957. 2. I make this verification pursuant to CPLR § 3020(d). 3. The foregoing Petition is true to my own knowledge, except as to matters therein stated on information and belief and as to those matters I believe them to be true. l44 Thor Hanson Sworn to before me this, 12th day of September, 2001 on Pdkc - 4 4NE'T GEASA Notary Public,State of Nww York No.4811628 Cuslifiec,in Suffolk county Commission Expires June 30,,-f�--- <<NYLIT-1326408.1:4116W:09/12/01-12:llp>> TOWN OF SOUTHOLD r SEQR NEGATIVE DECLARATION Determination of Significance Notice of Determination of Non-Significance Lead Agency: Town of Southold Planning Board Contact: Bennett Orlowski, Chairman Town of Southold Planning Board Address: Town Hall, 53095 Main Road P.O. Box 1179 ' Southold,NY 11971 Date: August 13,2001 This notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review— SEQR) of the Environmental Conservation Law and Chapter 44 of the Town Code of the'Town of Southold. '- The lead agency ha's determined that the proposed action described below will not have a significant effect on the environment. This determination provides a detailed description of the proposed project and outlines the considerations of the Board in making this determination: Title ofAction: Cross Sound Ferry Services,Inc. SEQR Status: Unlisted Action Location: The site lies in the Hamlet of Orient at Orient Point, coincident with the termination of NYS Route 25. The site consists of three parcels, all zoned Marine II (MII) zoning and in current active use as a ferry terminal for Cross Sound Ferry Services, Inc. The subject of the application is the 1.46 acre Snack Bar parcel. SCTMNo.: 1000-15-9-15.1 Brief Description of the Proposed Action: Cross Sound Ferry operates a ferry terminal with car-carrying vessels and walk-on passenger services between Orient Point,New York and New London, Connecticut. The ferry route provides I Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold an important inter-state transportation connection and assists in providing an alternative transportation connection to and from Long Island. In response to customer needs, and to.provide additional walk-on passenger capacity and improved service, Cross Sound Ferry added a high-speed, passenger-only ferry service in the mid-1996's. Cross Sound Ferry currently operates this high speed passenger only ferry from the Orient Point Terminal, providing connection to New London which serves as a link to the Foxwoods Casino in Connecticut and other passenger-only destinations. This service involves scheduled daily departures and arrivals and necessitates the short term parking of cars for the walk-on passengers which use this service. Over the past several years,the use of this service has stabilized, and the operation of this service is considered in the traffic evaluations, parking needs, and site plan/operation improvements plan proposed by Cross Sound Ferry and under consideration by the Planning Board. Cross Sound Ferry Services, Inc. requests site plan approval from the Southold Town Planning Board for the existing and on-going operations currently occurring on the project site. In addition, the proposed action includes facility improvements on the eastern parcel referred to as the Snack Bar parcel, as well as operational improvements to the parcel referred to as the Terminal Parcel (west of the terminus of NYS Route 25). Those improvements which are design oriented, are incorporated into the site plan as follows: • Continue Existing Parking on the Snack Bar Parcel: The applicant has used the Snack Bar Parcel for terminal parking and will continue to do so; • Proposed Improvement, of Vegetative Buffer. Cross Sound Ferry has prepared and submitted a planting plan to enhance and augment the existing vegetative buffer around the perimeter of the Snack Bar Parcel and provide a natural buffer planting area east_of the Snack Bar Parcel; • Proposed Re-Grading and Application of Stone/Gravel to Snack Bar Parking Area: To eliminate the ponding of water during significant rainfall and reduce the number of existing potholes, the Snack Bar parking surface will be re-graded and Surfaced with clean stone/gravel(these improvements will improve customer safety and drainage facilities); • Proposed Installation of Curb Stops and Guard Rail Fence: Cross Sound will install segments of curb stops and guard rail fence around the perimeter of the gravel parking surface. The curb stops and guard rail fence will function to delineate the overall parking area, and protect the proposed plantings from encroachment by vehicles; • Proposed Installation of Low Intensity Safety Lighting: For the safety of their travelers, Cross Sound will install low intensity safety lighting on the east boundary of the Snack Bar parking area. All such lighting will be operated by a timer, allowing the lights to automatically shut off after the prescribed period(i.e. one-half hour after the arrival of the 'last ferry for each business day); and • Proposed Cross Walk. For traveler (pedestrian) safety, a cross walk is proposed to be painted across Route 25, between the Snack Bar parcel and the Terminal Parcel (parcel west of Route 25 terminus). Page 2 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold Page 3 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold Reasons Supporting This Determination: 1. The site has been evaluated in accordance with the Criteria for Determining Significance as contained in SEQRA 6NYCRR Part 617.7 (c). The proposed action has been evaluated through review of the following materials: • the proposed site plan, • a Part I Environmental Assessment Form (EAF), Traffic Assessment of Existing Cross Sound Ferry Services(updated March 1999,prepared by Dunn Engineering Services), • preparation of a Part II Environmental Assessment Form, • Traffic Impact Study for Proposed Cross Sound Ferry Parking Lot Expansion (September 1997; prepared by Dunn Engineering Associates), • Addendum and Full Environmental Assessment Form for the Revised Site Plan Application for Cross Sound Ferry Services, Inc. (May 1999; prepared by Inter-Science Research Associates, Inc.), • Environmental Assessment Form Part III,prepared by Nelson, Pope&Voorhis,LLC, dated June, 2001,including the traffic impact assessment memorandum dated June 7,2001, • traffic data, information and input from the New York State Department of Transportation (NYSDOT), • independent site inspection, • testimony provided at public hearings on the project, and • Planning Board deliberation on public input and materials supplied by the applicant,the public,the consultant, and planning staff. Based upon this thorough review, the Planning Board did not identify any significant adverse environmental impacts in connection with the proposed project.- Additional supporting findings are provided below. N 2. The Criteria for Determining Significance are specifically evaluated as follows with respect to this action,as follows: a. Substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; increase in solid waste production; a substantial increase in erosion, flooding,leaching or drainage problems. The 'proposed action will not significantly change the subject site such that air quality, groundwater or surface water quality, traffic, noise levels, solid waste production, or flooding, erosion, leaching or drainage problems will occur. Review of the Environmental Assessment Form Part I finds that there is no change in the site coverages between existing and proposed conditions. No significant physical alternation of the subject site is planned connection with as a function of the proposed project. The EAF Addendum contains an assessment of natural resources with analysis of potential impacts, concluding that no significant impact will occur. Similarly the Part 3 EAFprepared by the Town comes to a similar conclusion. The overall site is 4.06 acres in size (with modifications proposed only for the Snack Bar parcel) and is used as an existing ferry terminal which has operated on the subject site for more than SO years. The site operations are currently in existence and serve as an important inter state transportation connection with Connecticut. The proposed action will not significantly change Page 4 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold these operations such that air, quality, groundwater or surface water quality, traffic, noise levels, solid waste production, or flooding, erosion, leaching or drainage problems will occur. Review of the Environmental Assessment Form Part I finds that there is no change in the site coverages between existing and proposed conditions. No significant physical alternation of the subject site is planned as a function of the proposed project. The EAFAddendum contains an assessment of natural resources with analysis of their relationship to the project site, the existing operation and the proposed site conditions. The following resources were , evaluated. surface soils/topography, groundwater, surface water, drainage, vegetation, wildlife and wetlands. In all cases, the proposed project was not expected to cause a significant change-or adverse impact with respect to these resources. The applicant submitted traffic analysis with documentation that the ferry was only one of several sources of traffic in Orient Point, and adequate gaps and transportation system operations would be maintained. b. The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species;impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species;or other significant adverse impact to natural resources. As noted, the EAF Addendum contains an assessment of natural resources which included an evaluation of vegetation, wildlife and wetland resources. This evaluation identified floral and faunal species associated with the site, and concluded that "due to the lack of overall existing on-site habitat, the proposed site plan should not result in an increase in negative impact to the inventoried wildlife". In addition, the proposedsite plan improvements will add overall site landscaping and a landscape buffer and guard rail around the perimeter.of the parking/use area; this will provide additional habitat and will protect buffer plantings and non-use areas from encroachment. c. The impairment of the environmental. characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(8). The EAF Addendum indicates that the subject site is within a Critical Environmental Area(CEA) and further evaluates the relationship of this designation to the current operation and the proposed site plan. The analysis concludes that "Since no physical modifications to the site are being proposed which will affect the quality of the off-site CEA land, the implementation of the proposed site plan should not result in adverse changes to the County-owned CEA land. Furthermore, the on-site CEA land located along the coastline will continue to function as a buffer and remain an important safeguard against any threat to the Bay". d. The creation of a material conflict with a community's current plans or goals as officially approved or adopted. The proposed project has been evaluated in terms of land use, zoning, and land use plans that establish a community's plans and goals. The project is not in conflict with adjacent land use as land to the north is separated from the project by the existing State highway and includes County open space land, one occupied medium density residential lot, and a utility parcel. -To the east is one vacant residential lot controlled by Cross Sound Ferry beyond which is other privately owned land, to 'the west is the balance of the Cross Sound Ferry site, beyond which is a transportation,use associated with the Plum Island Ferry Terminal and parking areas, and to the south is the Trustee owned beach and underwater land which the ferry relies on for marine Page 5 of 7 r' Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold access/transportation. In terms of zoning, the project site has received prior site plan approvals in ,1985 and 1995, and the use is consistent with the Marine 11 zoning designation. Land use plans including the Local Waterfront Revitalization Program and the State Coastal Management Program, and the Peconic Estuary Program were evaluated, and it was determined that the project was not in conflict with these plans. The use is a water-dependent use and is therefore consistent with coastal zone management policy by providing water-dependent uses where possible and appropriate and provided other resources are not adversely affected. e. The impairment of the character or quality of important historical, archeological, architectural, or aesthetic,resources or of existing community or neighborhood character. As noted, the ferry terminal is an historical use of the site which currently exists, and is not proposed to be significantly altered. As a result, the project will not impair important cultural resources or community/neighborhood character. It is noted that the proposed project will result in improvements to site aesthetics through additional landscaping in connection with the Snack Bar'Parcel. f. A major change in the use of either the quantity or type of energy. The`proposed project involves use of energy for facility and ferry operations. The project will not result in a major change in the use of either the quantity or type of energy., g. The creation of a hazard to human health. The-ferry terminal has implemented,improvements in operations over the years to ensure the health and safety of passengers and site visitors. The proposed project will result in the improvement of pedestrian movement within the site through planned site improvements. Additional improvements planned will improve safety and services and will reduce congestion and; traffic inconvenience through site plan modification and long-term operational improvements. h. A substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources,or in its capacity to support existing uses. The use is not proposed to change significantly, however, reasonable improvements are made in response to transportation needs of the general populace. The planned improvements will allow Cross Sound Ferry to improve site operations in a manner that will allow the facility to better support the existing uses. With regard to traffic, the project has been subject to extensive traffic impact analysis. The activities associated with the high-speed ferry have been evaluated over a period of time as part of the overall traffic study,parking needs evaluation. Surveysfind that the ferry,related traffic comprises only a portion of the volume present at the terminus of NYS Route 25. Traffic volume has been evaluated over a 4 year period and is found to be variable. Level of service calculations find that uninterrupted flow conditions do not exist for long periods along the segment of Route 25 between Greenport and the terminal. Parking appears adequate for the current level of use, and facility improvements will assist with passenger safety. Long-term plans to coordinate with NYSDOT will further improve conditions at the terminus of the State highway. i. The encouraging or attracting of a large number of people to a place or places for more than a few days,compared to the number of people who would come to such place absent the action. Page 6 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold There is no action proposed in connection with this project or project site that would attract a large number of people for more than a few days. Cross Sound Ferry makes every effort to support the needs of passengers and visitors using the facility for generally short time durations of several minutes to a day. Activities involving short-term (daily or overnight)parking will be accommodated by parking attendants and advance planning to serve the needs of passengers. j. The creation of a material demand for other actions that would result in one of the above consequences. The proposed project will not create a material demand for other actions that would exacerbate or create other impacts. k. Changes in two or more elements of the environment,no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment. The proposed project involves not significant physical site alteration, and therefore will not result in combined environmental effect. 1. Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment,but when considered cumulatively would meet one or more of the criteria. There are no other pending projects in the vicinity of the project site which when considered cumulatively with the proposed project would result in significant adverse environmental impacts. 3. The project sponsor has offered a number of site design features and operational improvements which will assist in ensuring that the proposed site plan and facility operations will not result in a significant adverse environmental impact. Summary of Mitigation Inherent in the Project- The Applicant has provided mitigation through project design and operational modifications. Project design fdatures intended by the applicant which shall be shown on the site plan prior to approval are noted as follows: • Installation of curb stops along the northern, western and southern borders of the Snack Bar Parcel; • Installation of a wooden or metal guard rail along the length of the eastern border of the Snack Bar Parcel; • Grade the parking surface to eliminate depressions and apply stone/gravel to the surface (it is noted that any regulated action within 100 feet of Trustees designated wetlands will require approval of the Town Trustees); • Enhancement of existing vegetative buffers adjacent to the parking areas on the Snack Bar Parcel; • Install low intensity safety lighting for pedestrian safety during evening hours of operation;and Page 7 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold ® Provide striped cross-walk across NYS Route 25, for pedestrian access between the Snack Bar Parcel and the Terminal Parcel (with appropriate NYSDOT authorization). These measures minimize potential environmental impacts to the maximum extent practicable, and are inherent in the project design. These measures address long-term concerns of the Planning Board with respect to the Cross Sound Ferry terminal operations regarding drainage, aesthetics and safety. The measures incorporated into the site plan improve site conditions on a site that is already in operation. As a result, the site plan is viewed as benefiting the health, safety and environmental conditions of the subject site. Page 8 of 7 Determination of Significance Cross Sound Ferry Services,Inc:,Site Plan Approval,Southold For Further Information Contact: Bennett Orlowski, Chairman Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold,NY 11971 Telephone: (516) 765-1938 Copies of this Notice Sent to: Commissioner,NYSDEC NYSDEC, Regional Office at Stony Brook Town of Southold Supervisor's Office Town Clerk of the Town of Southold Town of Southold Secretary to the Planning Board Town of Southold Zoning Board of Appeals Suffolk County Planning Commission Suffolk County Department of Public Works Suffolk County Department of Health Services New York State Department of Transportation Involved Agencies Citizens for Safe Roads Parties of Interest Attorney for Applicant Applicant Page 9 of 7 NOTICE OF ENTRY - Index No. Year kSE take notice that the within is a(certified) SUPREME COURT OF THE STATE OF NEW YORK ;opy of a COUNTY OF SUFFOLK entered in the office of the clerk of the within In the Matter of the Application of !d court on pp SOUTHOLD CITIZENS FOR SAFE ROADS, INC. i, and NORTH FORK ENVIRONMENTAL COUNCIL, INC., Yours,etc. • CKHAM, WICKHAM & BRESSLER, P.C. _ _ _ Petitioners, for Judgment pursuant to Article 78 of the reyfor Civil Practice_ Law and Rules Office and Post Office Address MAIN ROAD, P.O. Box 1424 — against — MATTITUCK, NEW YORK 11,952 PLANNING BOARD OF THE TOWN OF SOUTHOLD, AND CROSS SOUND FERRY SERVICES, INC. , Respondents. , NOTICE OF PETITION, VERIFIED PETITION iey(s)for AND SUPPORTING DOCUMENTS NOTICE OF SETTLEMENT - �SE take notice that an order Signature(Rule 130-1.1-a) dch the within is a true copy will be presented Print name beneath :ttlement to the Hon. f-the judges of the within named Court, at WICKHAM, WICKHAM& BRESSLER, P.C. Attorney for petitioners M Office and Post Office Address,Telephone 1, MAIN ROAD, P.O. Box 1424 Yours,etc. MATTITUCK, NEW YORK 11952 :KHAM, WICKHAM & BRESSLER, P.C. (631)298-8353 zey for Office and Post Office Address To MAIN ROAD, P.O. Box 1424 MATTITUCK, NEW YORK 11952 Attorney(s)for Service of a copy of the within is hereby admitted. Dated .................................................................................. aey(s)for Attorneys)for 2900 -BlumbergExceI5lor Inc.,NYC 10013 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �� D�j Town Hall, 53095 State Route 25 Chairman y� P.O. Box 1179 WILLIAM J.CREMERS CCA 2 Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. O Fax(631) 765-3136 RICHARD CAGGIANO y'jlp1 �•a� PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2001 Mr. Richard E. Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 36 Nugent Street Southampton, NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM#1 000-15-9-10.1, 11.1 & 15.1 Dear Mr. Warren: The following took place at a meeting of the Southold Town Planning Board on Monday, September 10, 2001: BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry open. The next Planning Board Meeting is scheduled for October 15, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski Jr. Chairman r . PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �0 �G Town Hall, 53095 State Route 25 Chairman o �� P.O.Box 1179 WILLIAM J.CREMERS coSouthold,New York 11971-0959 KENNETH L.EDWARDS �� ® �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. O Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 7, 2001 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Gerald Newman, Chief Planner Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Cross Sound Ferry Hamlet/Locality: Orient/Southold S.C.D.P.W. Topo No.: Zoning: M II S.C. Tax Map No.: 1000_-15-9-10.1. 11.1 & 15.1 Major Sub. Minor Sub. Site Plan_X Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies) Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1)_X Grading Plan (1) Other materials (specify and give number of copies): 1 copy of proposed site plan submitted to Board of Trustees for CEHA Permit Waiver of Subdivision Requirements- See attached sheet _NA_ Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an (X) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (X) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (X) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (X)No Comments: The enclosed site plan does not include all the mitigation measures discussed in the Negative Declaration. The Planning Board is waiting for submission of a revised plan. Also attached is portion of Cross Sound's proposal to pull the snack bar parking area landward 21', as per request of Board of Trustees. We request acknowledgement of receipt of this referral (X) Yes ( ) No Referral received 2001 by the Suffolk County Planning Commission and assigned File No. Very truly yours, &*Wo �� V Bennett Orlowski, Jr. Chairman ti PLANNING BOARD MEMBERS �� 0 Town Hall, 53095 State Route 25 Chairman BENNETT ORLOWSKI,JR. ®� G�f1 P.O.Box 1179 WILLIAM J.CREMERS WZ Southold, New York 11971-0959 KENNETH L.EDWARDS �� ® �� Telephone(631) 765-1938 GEORGE RITCHIE LATHAM,JR. ,L Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2001 Mr. Richard E. Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 3 6 Nugent Street Southampton,NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM#1000-15-9-10.1, 11.1 & 15.1 Dear Mr. Warren: The following took place at a meeting of the Southold Town Planning Board on Monday, August 13, 2001: The final public hearing was held open. The next Planning Board Meeting is scheduled for September 10, 2001, at 6:00 p.m. WHEREAS, the Town of Southold Planning Board received a Revised Site Plan Application from Cross Sound Ferry Services, Inc. on September 8, 2000, and WHEREAS, the overall project site is a 4.06 acre tract of land which lies in the Hamlet of Orient at Orient Point, coincident with the termination of NYS Route 25, consisting of three parcels, all zoned Marine II (MII) zoning and in current active use as a ferry terminal for Cross Sound Ferry Services, Inc., and WHEREAS, Cross Sound Ferry Services, Inc. requests site plan,approval from the Southold Town Planning Board for facility improvements on the eastern parcel referred to as the Snack Bar parcel, identified as Suffolk County Tax Map Number 1000-15-9-15.1, and consisting of approximately 1.46 acres, and WHEREAS, the proposed application is determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.2 (ak) and 617.4, and WHEREAS, the Town of Southold Planning Board has reviewed the following materials and conducted the following reviews in connection with the proposed project to fully SEQRA Resolution Cross Sound Ferry Services,Inc. Page 1 of 2 understand the site plan application and the changes and potential impacts which may result from the proposed project: 1. the proposed site plan, 2. a Part I Environmental Assessment Form (EAF), Traffic Assessment of Existing Cross Sound Ferry Services (updated March 1999, prepared by Dunn Engineering Services), 3. preparation of a Part II Environmental Assessment.Form, 4. Traffic Impact Study for Proposed Cross Sound Ferry Parking Lot Expansion (September 1997;prepared by Dunn Engineering Associates), 5. Addendum and Full Environmental Assessment Form for the Revised Site Plan Application for Cross Sound Ferry Services, Inc. (May 1999; prepared by Inter- Science Research Associates, Inc.), 6. Environmental Assessment Form Part III, prepared by Nelson, Pope &Voorhis, LLC, dated June, 2001, including the traffic impact assessment memorandum dated June 7, 2001, 7. traffic data, information and input from the New York State Department of Transportation(NYSDOT), 8. independent site inspection, 9. testimony provided at public hearings on the project. WHEREAS, based upon this thorough review, the Planning Board did not identify any significant adverse environmental impacts in connection with the proposed project, and have further documented the reasons supporting this finding in a separate document identified as a Town of Southold, Determination of Significance, for this action. NOW, THEREFORE BE IT RESOLVED, that the Planning Board hereby re-affirms lead agency status in review of the subject application, and BE IT FURTHER RESOLVED, that the Planning Board hereby rescinds any prior SEQRA Determinations of Significance which may have pertained to the project site, as related to prior site plan submissions, and BE IT FURTHER RESOLVED, that the Planning Board hereby adopts a Negative Declaration for the subject application, as outlined in the 7 page Negative Declaration, Determination of Significance dated August 13, 2001 setting forth the reasons for the determination. Enclosed is a copy of the Negative Declaration for your records. If you have any questions, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman SEQRA Resolution Cross Sound Ferry Services,Inc. Page 2 of 2 TOWN OF SOUTHOLD SEQR NEGATIVE DECLARATION Determination of Significance Notice of Determination of Non-Significance Lead Agency: Town of Southold Planning Board Contact: Bennett Orlowski, Chairman Town of Southold Planning Board Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold,NY 11971 Date: August 13, 2001 This notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review— SEQR) of the Environmental Conservation Law and Chapter 44 of the Town Code of the Town of Southold. The lead agency has determined that the proposed action described below will not have a significant effect on the environment. This,determination provides a detailed description of the proposed project and outlines the considerations of the Board in making this determination: Title of Action: Cross Sound Ferry Services,Inc. SEQR Status: Unlisted Action Location: The site lies in the Hamlet of Orient at Orient Point, coincident with the termination of NYS Route 25. The site consists of three parcels, all zoned Marine II (MII) zoning and in current active use as a ferry terminal for Cross Sound Ferry Services, Inc. The subject of the application is the 1.46 acre Snack Bar parcel. SCTMNo.: 1000-15-9-15.1 BriefDescription of the Proposed Action: Cross Sound Ferry operates a ferry terminal with car-carrying vessels and walk-on passenger services between Orient Point,New York and New London, Connecticut. The ferry route provides t i j Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold an important inter-state transportation connection and assists in providing an alternative transportation connection to and from Long Island. In response to customer needs, and to provide additional walk-on passenger capacity and improved service, Cross Sound Ferry added a high-speed, passenger-only ferry service in the mid-1990's. Cross Sound Ferry currently operates this high speed passenger only ferry from the Orient Point Terminal, providing connection to New London which serves as a link to the Foxwoods Casino in Connecticut and other passenger-only destinations. This service involves scheduled daily departures and arrivals and necessitates the short term parking of cars for the walk-on passengers which use this service. Over the past several years, the use of this service has stabilized, and the 1 operation of this service is considered in the traffic evaluations, parking needs, and site plan/operation improvements plan proposed by Cross Sound Ferry and under consideration by the Planning Board. Cross Sound Ferry Services, Inc. requests site plan approval from the Southold Town Planning Board for the existing and on-going operations currently occurring on the project site. In addition, the proposed action includes facility improvements on the eastern parcel referred to as the Snack Bar parcel, as well as operational improvements to the parcel referred to as the Terminal Parcel (west of the terminus of NYS Route 25). Those improvements which are design oriented,are incorporated into the site plan as follows: • Continue Existing Parking on the Snack Bar Parcel: The applicant has used the Snack Bar Parcel for terminal parking and will continue to do so; • Proposed Improvement of Vegetative Buffer: Cross Sound Ferry has prepared and submitted a planting plan to enhance and augment the existing vegetative buffer around the perimeter of the Snack Bar Parcel and provide a natural buffer planting area east of the Snack Bar Parcel; • Proposed Re-Grading and Application of Stone/Gravel to Snack Bar Parking Area: To eliminate the ponding of water during significant rainfall and reduce the number of existing potholes, the Snack Bar parking surface will be re-graded and surfaced with clean stone/gravel (these improvements will improve customer safety and drainage facilities); • Proposed Installation of Curb Stops and Guard Rail Fence: Cross Sound will install segments of curb stops and guard rail fence around the perimeter of the gravel parking surface. The curb stops and guard rail fence will function to delineate the overall parking area, and protect the proposed plantings from encroachment by vehicles; • Proposed Installation of Low Intensity Safety Lighting: For the safety of their travelers, Cross Sound will install low intensity safety lighting on the east boundary of the Snack Bar parking area. All such lighting will be operated by a timer, allowing the lights to 'automatically shut off after the prescribed period (i.e. one-half hour after the arrival_ of the last ferry for each business day); and • Proposed Cross Walk. For traveler (pedestrian) safety, a cross walk is proposed to be painted across Route 25, between the Snack Bar parcel and the Terminal Parcel (parcel west of Route 25 terminus). Page 2 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold Page 3 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold Reasons Supporting This Determination: 1. The site has been evaluated in accordance with the Criteria for Determining Significance as contained in SEQRA 6NYCRR Part 617.7 (c). The proposed action has been evaluated through review of the following materials: • the proposed site plan, • a Part I Environmental Assessment Form (EAF), Traffic Assessment of Existing Cross Sound Ferry Services (updated March 1999,prepared by Dunn Engineering Services), • preparation of a Part II Environmental Assessment Form, • Traffic Impact Study for Proposed Cross Sound Ferry Parking Lot Expansion (September 1997; prepared by Dunn Engineering Associates), • Addendum and Full Environmental Assessment Form for the Revised Site,Plan Application for Cross Sound Ferry Services, Inc. (May 1999; prepared by Inter-Science Research Associates, Inc.), • Environmental Assessment Form Part III, prepared by Nelson, Pope &Voorhis, LLC, dated June, 2001,including the traffic impact assessment memorandum dated June 7,2001, • traffic data, information and input from the New York State Department of Transportation (NYSDOT), • independent site inspection, • testimony provided at public hearings on the project, and • Planning Board deliberation on public input and materials supplied by the applicant,the public,the consultant, and planning staff. Based upon this thorough review, the Planning Board did not identify any significant adverse environmental impacts in connection with the proposed project. Additional supporting findings are provided below. 2. The Criteria for Determining Significance are specifically evaluated as follows with respect to this action, as follows: a. Substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; increase in solid waste production; a substantial increase in erosion, flooding, leaching,or drainage problems. The proposed action will not significantly change the subject site such that air quality, groundwater or surface water quality, traffic, noise levels, solid waste production, or flooding, erosion, leaching or drainage problems will occur. Review of the Environmental Assessment Form Part I finds that there is no change in the site coverages between existing and proposed conditions. No significant physical alternation of the subject site is planned connection with as a function of the proposed project. The EAF Addendum contains an assessment of natural resources with analysis of potential impacts, concluding that no significant impact will occur. Similarly the Part 3 EAFprepared by the Town comes to a similar conclusion. The overall site is 4.06 acres in size (with modifications proposed only for the Snack Bar parcel) and is used as an existing ferry terminal which has operated on the subject site for more than SO years. The site operations are currently in existence and serve as an important inter-state transportation connection with Connecticut. The proposed action will not significantly change Page 4 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold these operations such that air quality, groundwater or,surface water quality, traffic, noise levels, solid waste production, or flooding, erosion, leaching or drainage problems will occur. Review of the Environmental Assessment Form Part I finds that there is no change in the site coverages between existing and proposed conditions. No significant physical alternation of the subject site is planned as a function of the proposed project. The EAFAddendum contains an assessment of natural resources with analysis of their relationship to the project site, the existing operation and the proposed site conditions. The following resources were evaluated: surface soils/topography, groundwater, surface water, drainage, vegetation, wildlife and wetlands. In all cases, the proposed project was not expected to cause a significant change or adverse impact with respect to these resources. The applicant submitted traffic analysis with documentation that the ferry was only one of several sources of traffic in Orient Point, and adequate gaps and transportation system operations would be maintained. b. The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impact to natural resources. As noted, the EAF Addendum contains an assessment of natural resources which included an evaluation of vegetation, wildlife and wetland resources. This evaluation identified floral and faunal species associated with the site, and concluded that "due to the lack of overall existing on-site habitat, the proposed-site plan should not result in an increase in negative impact to the inventoried wildlife". In addition, the proposed site plan improvements will add overall site landscaping and a landscape buffer and guard rail around the perimeter of the parking/use area; this will,provide additional habitat and will protect buffer plantings and non-use areas from encroachment. c. The impairment of the environmental characteristics of a Critical Environmental Area as designated pursuant to subdivision 617.14(g). The EAFAddendum indicates that the subject site is within a Critical Environmental Area (CEA) and further evaluates the relationship of this designation to the current operation and the proposed site plan. The analysis concludes that "Since no physical modifications to the site are being proposed which will affect the quality of the off-site CEA land, the implementation of'the proposed site plan should not result in adverse changes to the County-owned CEA land. Furthermore, the on-site CEA land located along the coastline will continue to function as a buffer and remain an important safeguard against any threat to the Bay". d. The creation of a material conflict with a community's current plans or goals as officially approved or adopted. The proposed project has been evaluated in terms of land use, zoning, and land use plans that establish a community's plans and goals. The project is not in conflict with adjacent land use as land to the north is separated from the project by the existing State highway and includes County open space land, one occupied medium density residential lot, and a utility parcel. To the east is one vacant residential lot controlled by Cross Sound Ferry beyond which is other privately owned land, to the west is the balance of the Cross Sound Ferry site, beyond which is a transportation use associated with the Plum Island Ferry Terminal and parking areas, and to the south is the Trustee owned beach and underwater land which the ferry relies on for marine Page 5 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold access/transportation. In terms of zoning, the project site has received prior site plan approvals in 1985 and 1995, and the use is consistent with the Marine II zoning designation. Land use plans including the Local Waterfront Revitalization Program and the State Coastal Management Program, and the Peconic Estuary Program were evaluated, and it was determined that the project was not in conflict with these plans. The use is a water-dependent use and is therefore consistent with coastal zone management policy by providing water-dependent uses where possible and appropriate and provided other resources are not adversely affected. e. The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character. As noted, the ferry terminal is an historical use of the sit? which currently exists,,and is not proposed to be significantly altered. As a result, the project will not impair important cultural resources or community/neighborhood character. It is noted that the proposed project will result in improvements to site aesthetics through additional landscaping in connection with the Snack Bar Parcel. f. A major change in the use of either the quantity or type of energy. The proposed project involves use of energy for facility and ferry operations. The project will not result in a major change in the use of either the quantity or type of energy. g. The creation of a hazard to human health. The ferry terminal has implemented improvements in operations over the years to ensure the health and safety of passengers and site visitors. The proposed project will result in the improvement of pedestrian movement within the site through planned site improvements. Additional improvements planned will improve safety and services and will reduce congestion and traffic inconvenience through site plan modification and long-term operational improvements. h. A substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The use is not proposed to change significantly, however, reasonable improvements are made in response to transportation needs of the general populace. The planned improvements will allow Cross Sound Ferry to improve site operations in a manner that will allow the facility to better support the existing uses. With regard to traffic, the project has been subject to extensive traffic impact analysis. The activities associated with the high-speed ferry have been evaluated over a period of time as part of the overall traffic study,parking needs evaluation. Surveys find that the ferry related traffic comprises only a portion of the volume present at the terminus of NYS Route 25. Traffic volume has been evaluated over a 4-year period and is found to be-variable. Level of service calculations find that uninterrupted flow conditions do not exist for long periods along the segment of Route 25 between Greenport and the terminal. Parking appears adequate for the current level of use, and facility improvements will assist with passenger safety. Long-term plans to coordinate with NYSDOT will further improve conditions at the terminus of the State highway. i. The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. Page 6 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold There is no action proposed in connection with this project or project site that would attract a large number of people for more than a few days. Cross Sound Ferry makes every effort to support the needs of passengers and visitors using the facility for generally short time durations of several minutes to a day. Activities involving short-term (daily or overnight)parking will be accommodated by parking attendants and advance planning to serve the needs of passengers. j. The creation of a material demand for other actions that would result in one of the above consequences. The proposed project will not create a material demand for other actions that would exacerbate or create other impacts. k. Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment. The proposed project involves not significant physical site alteration, and therefore will not result in combined environmental effect. 1. Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment,but when considered cumulatively would meet one or more of the criteria. There are no other pending projects in the vicinity of the project site which when considered cumulatively with the proposed project would result in significant adverse environmental impacts. 3. The project sponsor has offered a number of site design features and operational improvements which will assist in ensuring that the proposed site plan and facility operations will not result in a significant adverse environmental impact. Summary of Mitigation Inherent in the Project The Applicant has provided mitigation through project design and operational modifications. Project design features intended by the applicant which shall be shown on the site plan prior to approval are noted as follows: • Installation of curb stops along the northern, western and southern borders of the Snack Bar Parcel; • Installation of a wooden or metal guard rail along the length of the eastern border of the Snack Bar Parcel; • Grade the parking surface to eliminate depressions and apply stone/gravel to the surface (it is noted that any regulated action within 100 feet of Trustees designated wetlands will require approval of the Town Trustees); • Enhancement of existing vegetative buffers adjacent to the parking areas on the Snack Bar Parcel; • Install low intensity safety lighting for pedestrian safety during evening hours of operation; and Page 7 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold • Provide striped cross-walk across NYS Route 25, for pedestrian access between the Snack Bar Parcel and the Terminal Parcel (with appropriate NYSDOT authorization). These measures minimize potential environmental impacts to the maximum extent practicable, and are inherent in the project design. These measures address long-term concerns of the Planning Board with respect to the Cross Sound Ferry terminal operations regarding drainage, aesthetics and safety. The measures incorporated into the site plan improve site conditions on a site that is already in operation. As a result, the site plan is viewed as benefiting the health, safety and environmental conditions of the subject site. Page 8 of 7 Determination of Significance Cross Sound Ferry Services,Inc.,Site Plan Approval,Southold For Further Information Contact: Bennett Orlowski, Chairman Town of Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold,NY 11971 Telephone: (516) 765-1938 Copies of this Notice Sent to: Commissioner, NYSDEC NYSDEC, Regional Office at Stony Brook Town of Southold Supervisor's Office Town Clerk of the Town of Southold Town of Southold Secretary to the Planning Board Town of Southold Zoning Board of Appeals Suffolk County Planning Commission Suffolk County Department of Public Works Suffolk County Department of Health Services New York State Department of Transportation 11welved4gesie� Citizens for Safe Roads Attorney for Applicant Applicant Page 9 of 7 LAW OFFICES WICKHAM, WICKHAM a BRESSLER, P.c. 10315 MAIN ROAD, P.O. BOX 1424 MATTITLICK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO. 631-298-8565 631-249-9480 TELEFAX NO 631-249-9484 July 27, 2001 ' ' 3�t g Zoning Board of Appeals JUL Southold Town Hall 53095 Main Road °To Southold, New York 11971 Attn: Gerard P. Goehringer, Chairman Re: Appeal of Southold Citizens for Safe Roads, Inc. dated October 12, 2000 from the determination of Building Inspector dated August 14, 2000 concerning alleged pre-existing use of parcel SCTM #1000-15-9-15 . 1 (Cross Sound Ferry Service, Inc. ) Dear Mr. Goehringer: I am advised that at a public hearing conducted on Monday, July 16, 2001 by the Southold Planning Board on Cross Sound Ferry' s current Site Plan Application, ZBA member Jim Dinizio, Jr. encouraged the Planning Board to decide the issue in favor of Cross Sound Ferry (the "Ferry") . I am further told that Mr. Dinizio said that requiring an environmental review of the Ferry' s plan would set a bad precedent for other businesses in Southold (this is noted in the July 19, 2001 issue of the Suffolk Times article on the hearing) . I am advised that Mr. Dinizio made this and other statements following presentations by Southold' Citizens for Safe Roads and its traffic consultant and other statements by the Ferry' s lawyer and consultant. I am advised that Mr. Dinizio has spoken in this vein before the Planning Board on at least two other previous occasions . On behalf of our client, Southold Citizens for Safe Roads, we request that Mr. Dinizio be recused from any Zoning Board of Appeals actions concerning the Ferry because he has publicly taken this position on behalf of the Ferry. This would apply particularly to our client' s referenced - appeal to the ZBA from the August 14, 2000 memorandum from the Southold Town Director of Code Enforcement to the Zoning Board of Appeals July 27, 2001 Page -2- Chairman of the Planning Board concerning Snack Bar Parcel parking. By copy of this memorandum, the Chairman of the Planning Board is requested to provide a transcript of Mr. Dinizio' s full statement at the July 16, 2001 session to the Chairman of the ZBA and' to us on behalf of our client. Also, concerning our referenced appeal, enclosed are a j series of dated aerial photographs of that area taken over a period of years . You will note that the photos in 1955, OE69, OE78, OE80, and OE88 show from 0 to a maxifnum of about 5 vehicles in the Snack Bar lot. It is �only in the OE96 photo that substantial numbers appear. ': ";The P anning Board has been provided copies of these . ,-� Yours truly, ANE G A JG/amb encs . cc: Bennett Orlowski, Chairman of Planning Board Thor Hanson, President, SCSR .s-r :,i y Albert J. Krupski, President SUF��(� Town Hall James King,Vice-President o�� C® 53095 Route 25 Henry Smith �Z' Gym P.O.Box 1179 L Artie Foster o Southold,New York 11971-0959 ' y 2 Ken Poliwoda �y ® Telephone (631) 765-1892 Fax(631) 765-1366 - BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 13, 2001 Mr. Scott Dobriner Inter-Science Research Associates, Inc. 36 Nugent Street P.O. Box 1201 Southampton, NY 11969-1201 RE: gross Sound Ferry, Orient Dear 1v r. Dobriner: After review of your parking lot plans, you will have to apply for a wetland and coastal erosion permit sho.vire; grading, elevations, and drainage. Ver-tm`vvours. Albert.i. 'Kru-pski,'Jr. President. Pvard Gf'f!:istees AJK:lnis cc: Planning Board PI,ANPTING BOARD MEMBERS ®�®� ��®� F _ Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. �� r �; 'r P.O. Box 1179 Chairman Southold, New York 11971-0959 WILLIAM J.CREMERS P �*;tF x�3 r, �, Telephone (631) 765-1938 KENNETH L.EDWARDS _ "" ` Fax(631) 765-3136 GEORGE RITCHIE LATHAM,JR. ®� RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 17, 2001 Re: Cross Sound Ferry Services, Inc. Site Plan Application Orient, New York Dear Interested Party: The Planning Board of the Town of Southold has been established as the lead agency in the review of the above-referenced project and has caused the preparation of a Part 3 Environmental Assessment Form (EAF). This Part 3 EAF is prepared as additional information to assist the lead agency in reaching a determination of significance. The Planning Board intends to consider this information and any additional information received prior to August 13, 2001 and issue a determination of significance. Please accept this documentation for your files and advise of any additional input or information you may have that would assist the lead agency in formulating this determination. Thank you for your kind assistance in this matter. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. Cross Sound Ferry— Page Two — 7/17/01 Circulation List: Southold Town Board Southold Town Clerk Southold Town Zoning Board of Appeals Southold Town Trustees Southold Town Building Department Southold Town Transportation Commission Southold Citizens for Safe Roads North Fork Environmental Council Greenport Village Administrator Suffolk County Department of Health Services Suffolk County Department of Planning Suffolk County Department of Public Works Suffolk County Department of Parks, Recreation & Conservation New York State Department of State, Coastal Resources & Waterfront Revitalization New York State Department of Environmental Conservation — Stony Brook &Albany New York State Department of Parks, Recreation & Historic Preservation New York State Department of Transportation — Hauppauge &Albany United States Army Corps. Of Engineers United States Department of Agriculture Federal Emergency Management Agency Cross Sound Ferry 'Dr. David Huxsoll, Director Mr. Richard E. Warren, Pres. Federal Emergency Mgmt. Agency -'U.S. Department of Agriculture Inter-Science Research Assoc. Response & Recovery Division Div. of Ag. Research, Plum Island P.O. Box 1201 26 Federal Plaza, Room 1338 P.O. Box 848 Southampton, NY 11969-1201 New York, NY 10278 Greenport, NY 11944 NYS Dept. of Transportation NYS Dept. of Transportation U.S. Army Corps. Of Engineers passenger Transportation Division Regional Environmental Coord. District, Regulatory Branch Harriman State Office Campus State Office Building Jacob Federal Building 1220 Washington Ave., Rm. 115 250 Veterans Memorial Highway New York, k,, NNY Y 10278-0090 Albany, NY 11232 Hauppauge, NY 11788 NYS Dept. of Parks, Recreation & Mr. John P. Cahill, Commissioner Mr. Roger Evans, Director Historic Preservation NYS Department of Environmental NYS Department of Environmental Environmental Management Bureau Conservation Conservation Empire State Plaza, Bldg. 1, 13" FI. 50 Wolf Road Bldg. 40, SUNY, Rm. 219 Albany, NY 12238 Albany, NY 12233 Stony Brook, NY 11790 Mr. George Stafford, Director Mr. William Sickles, Supt. Suffolk County Dept. of Public NYS Dept. of State, Coastal Suffolk County Dept. of Parks, Works Resources &Waterfront Revital. Recreation and Conservation Transportation Division 41 State Street P.O. Box 144, Montauk Highway 335 Yaphank Avenue Albany, NY 12231 W. Sayville, NY 11796-0144 Yaphank, NY 11980 Mr.-James Bagg, Director Suffolk County Dept. of Health Mr. David Abatelli, Com. Dev. Adm. Suffolk County Dept. of Planning Services, Dept. of Ecology Village of Greenport Council for Environmental Quality Riverhead County Center 236 Third Street P.O. Box 6100 Riverhead, NY 11901-3397 Greenport, NY 11944 Hauppauge, NY 11788 Mr. Thor Hanson, President Ms. Debra O'Kane, Exec. Director Mr. Neboysha Brashich, Chairman Southold Citizens for Safe Roads North Fork Environmental Council Southold Town Transportation P.O. Box 797 P.O. Box 799Commission Greenport, NY 11944 Mattituck, NY 11952 P.O. Box 1179 Southold, NY 11971 Southold Town Building Department Southold Town Trustees Southold Town Zoning Board of Town of Southold Town of Southold Appeals P.O. Box 1179 P.O. Box 1179 Town of Southold Southold, NY 11971 Southold, NY 11971 P.O. Box 1179 Southold, NY 11971 Elizabeth A. Neville, Town Clerk Supervisor Jean W. Cochran &the Town of Southold Southold Town Board P.O. Box 1179 Town of Southold Southold, NY 11971 P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS O�OSVFF���C 0 Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. co� Gy� P.O. Box 1179 Chairman WILLIAM J.CREMERS CO2Z' Southold, New York 11971-0959 KENNETH L.EDWARDS �y ® �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 17, 2001 Mr. Richard E. Warren, President Inter-Science Research Associates, Inc. P.O. Box 1201 36 Nugent Street Southampton, NY 11969-1201 Re: Proposed Site Plan for Cross Sound Ferry SCTM#1000-15-9-10.1, 11.1 & 15.1 Dear Mr. Warren: The following took place at a meeting of the Southold Town Planning Board on Monday, July 16, 20011: BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry open. The next Planning Board Meeting is scheduled for August 13, 2001, at 6:00 p.m. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman ` r SCHNEIDER EivGINEERING, (��LLC Civil Engineering: Traffic • Municipal • Accident Investigations Steven Schneider, RE July 16, 2001 Mr. Thor Hanson Southold Citizens for Safe Roads P.O. Box 797 Greenport, New York 11944 Re: Site Plan Application and Full EAF of Cross Sound Ferry Inc. Dear Mr. Hanson: Per your request Schneider Engineering has reviewed the documents supplied by you and your organization regarding the above referenced application. These documents included the following: 1. Site Plan on Properties of Cross Sound Ferry Services, Inc. by John J. Raynor, dated December 8, 200b, latest revision January 22, 2001. - 2. Environmental Assessment Form (EAF) Part 3 — Evaluation of Importance of Impacts (Including EAF Parts 1 & 2) for the revised Site Plan Application for Cross Sound Ferry Services, Inc., prepared by Nelson, - Pope & Voorhis, LLC, dated June 2001. 3. Letter from Peter Brown of Nelson, Pope &°Voorhis to Bennett Orlowski, Jr., Chairman of the Town of Southold Planning Board dated February 8, 2001 concerning traffic impacts of the Cross Sound Ferry Service Inc., Amended and Full Environmental Assessment Form. 4. Project Narrative for the Full Environmental Assessment Form (Part 1) as part of the Revised Proposed Site Plan Application for Cross Sound Ferry 356 Middle Country Road, Suite 306, Coram, New York 11727 Office: 631.698.6200 Fax: 631.698.6299 www.schneiderengineering.com NEW YORK • NEW JERSEY• FLORIDA 4 Services. Inc., dated September 2000 by Inter-Science Research Associates. 5. Traffic Assessment of Existing Cross Sound Services, dated March 1999 by Dunn Engineering Services 6. Traffic Impact Studv for Proposed Cross Sound Ferry Parking Lot Expansion dated September 1997 by Dunn Engineering Associates. 7. Miscellaneous Correspondence. These documents were to determine the impacts of the proposed project on traffic volumes, level of service, traffic safety and parking. Dunn Engineering in their 1997 and 1999 studies underestimate the impacts the traffic generated by the ferry has on the local volumes. Dunn claims that, compared to the total background traffic, the ferry traffic is minimal. Dunn Engineering reports uses charts that show that ferry traffic can be as high as 50% of the background and is regularly in excess of 20% of the background volumes. Table 12 of Dunn's 1997 report shows that the ferry component of the background traffic is 30%-on weekdays, 20% Saturdays and 18% on Sundays. These percentages are not minimal and in fact are a critical part of the SR 25 volume east of Greenport. As such, attention must be given to any increases to either the background volume or ferry traffic volumes when analyzing level of services impacts. In terms of pure traffic volumes and level of service, the anticipated increase in traffic based on the data reviewed has little negative effect on State Route 25 east of Greenport, as there is excess capacity on the roadway. This does not preclude future reductions in capacity ®n SR 25. Any significant increase in demand for service will have a negative impact on local traffic. In both the 1999 and 1997 reports, Dunn Engineering analyzed accident data for SR 25 east of Greenport. During 1994 and 1995 the New York State Department of Transportation (NYSDOT) completed a widening and repaving program 2 designed to improve safety along roadways. This program included a shoulder improvement to allow for bicycle traffic, which has been steadily increasing. In 1996 the rate of accidents fell dramatically, however as shown in Dunn"s 1999 report in Table 3 since 1996 the accident rate has increased each year. In 1997 and 1998 SR 25 east of Greenport had accidents rates higher than the State average for two-lane rural highways. This rise in'accident rates coincided with the startup of the high-speed ferry service. As stated previously, any increase in traffic east of Greenport must be analyzed carefully as in this case where the rise in ferry demand following the addition of passenger only ferry service coincided with a rise in accident rates. The final part of our analysis involves the on-site parking. Dunn's 1997 report does not look at on-site parking, while the 1999 report has a section dedicated to "Parking Considerations". In addition the Full EAF prepared by Inter-Science Research Associates states that for on-site parking "see narrative". After a review of Proiect Narrative for the Full Environmental Assessment Form (Part 1) as part of the Revised Proposed Site Plan Application for Cross Sound Ferry Services, Inc., there is no mention of on-site parking in terms of quantity or location. According to Dunn Engineering, 345 vehicles can be parked on the site. During the,course of our research we found a plan prepared by Inter- Science in the Proiect Narrative for the Full Environmental Assessment Form (Part 1) as part of the Revised Proposed Site Plan Application for Cross Sound Ferry Services, Inc. This plan was titled Maximum Unassisted Parking Plan. On this plan is a parking layout showing 147 parking spaces on the west lot and 235 parking spaces on the snack bar lot for a total of 382 parking spaces. On Friday, July 6, 2001 a field investigation was performed at the ferry terminal. It was found that there were 307 vehicles parked on lands owned by Cross Island Ferry Services, Inc. In addition there were thirty-six vehicles parked on-street along SR 25. These vehicles were most likely parked for the ferry, as there was sufficient excess parking in the Plum Island lot, Orient State Park parking area 3 and in the County Park. Both the snack bar lot and west lot were basically filled to capacity. I'd like to submit photos we had taken showing the parking problems as we described them. /mother field investigation was performed on Sunday, July 15, 2001. It was found that there Were 363 vehicles parked on lands owned by Cross Island Ferry Services, Inc. In addition there were seventy-one vehicles parked on-street along SR 25. These vehicles were, again, most likely parked for the ferry, as there was sufficient excess parking in the Plum Island lot, Orient State Park parking area and in the County Park. Both the snack bar lot and west lot were filled to capacity. We, again, took photos of the parking on this day and would like to submit them for the record. Interesting to note that police officers were actually giving out tickets to some of the illegal parkers along SR 25. The photos also show the cars being ticketed. On July 15, 2001 it appears that the Boy Scouts were to be dropped off at the ferry for a weeks vacation to New England. The Boy Scouts had to make arrangements for the use of the adjoining federal parking lot for the parent's cars. I counted 50 cars at 12:30 PM already in the federal parking lot. They were all Boy Scouts related, the federal facility was closed. This is clearly indicating to us that there is insufficient parking on-site for the demand. Our research of the data shows that the West Lot had been approved for sixty- nine (69) parking spaces in 1995, prior to the introduction of the high-speed ferry service. There does not appear to be any approvals for parking on the Snack Bar Lot. It is the position of the applicant that the Snack Bar Lot has been used as parking since the early 1950's. Regardless of whether the Snack Bar Lot pre- dated the zoning, there have been several renovations of the ferry terminal and surrounding area where a site plan should have been submitted and a parking plan approved. This does not appear to be the case. Based on the Town records there is no approved parking on the Snack Bar Lot. In our opinion, there 4 are only sixty-nine (69) approved parking spaces on the Cross Sound Ferry property. According to the Dunn Engineering report of 1999 there is capacity for 345 parking spaces. Based on Dunn's data alone, this is an increase in 276 parking spaces. Inter-Science prepared a plan that shows the site has the capacity to accommodate 382 parking spaces, an increase of 313 spaces from what has been previously approved. According to Chapter 100 (Zoning) of the Code of the Town of Southold there are standards for the construction of parking facilities. These standards describe the size of the spaces, aisle widths and number required per use. In addition, the amount and type of landscaping is included. This includes depth and location of buffers and setbacks. Section 100-191(C) describes that"aisles between rows of parking spaces shall not be less than twenty-two (22) feet". Also, "The minimum parking stall width shall be nine (9) feet, and the minimum length shall be nineteen (19) feet." Section 100-212 describes the front yard buffer area along roadways. Section 100-212 (B) states that in MI or MII zones a landscape buffer fifteen (15) feet in depth is required along all street frontages. The Snack Bar Lot has almost its entire westerly properly line adjacent to the SR 25 right-of-way, thus frontage on SR 25. Section 100-213 pertains to transition buffer areas along roadways and adjacent lots of different zoning. Section 100-213 (13)(2) states that the required buffer between a lot zoned MI or MII and a butting residential zoned lot, such'as the Trust Marcel, requires a twenty (20) foot buffer. Based on these Town Zoning requirements, a plan showing the parking in the Snack Bar Lot was prepared (attached). It shows that only seventy-two (72) spaces can be placed on the snack bar lot to comply with the zoning requirements. This brings the total on the entire site to 141 parking spaces. Dunn's 1999 report uses a quote from the Institute of Transportation Engineers (ITE) Traffic Engineering Handbook: "Commercial parking attendants can park cars in stalls less than eight (8) feet wide. With self parking, stall widths that will accommodate most 5 passenger cars and light trucks range between 8.3 and 8.8 feet, depending on anticipated parking activity. Where parking turnover is expected to be low, as for all day parking, narrower stall widths are usually acceptable." But, the next paragraph in the Traffic Engineering Handbook states: "Substandard stall and aisle widths prove to be a false economy. Although this permits the marking of more stalls per given length, vehicles tend to encroach upon adjacent stalls so that one or more spaces are unavailable for use. The end result is no gain in actual space usage, but a parking condition surrounded by confusion." Inter-Science Research prepared a plan titled Maximum Unassisted Parking Plan. In the notes on the plan they describe the aisle widths used as twelve (12) feet minimum and fifteen (15) feet average. Neither Dunn nor Inter Science explains the relationship between stall width and aisle width. The basic premise is the narrower the stall the wider the aisle. Table 21-2 in ITE's Traffic Engineering Handbook clearly details this relationship for different stall widths, stall angles and aisle widths. In this case, all plans show ninety (90) degree parking. Table 21-2 states that for a stall width of 8.5 feet an aisle twenty-eight feet (28) is recommended (it's the same aisle width for one-way or two-way traffic patterns). The aisle widths described by Inter-Science are for one-way traffic (not mentioned) and angled parking. The use of one-way aisles and angled parking significantly reduce the number of parking spaces that can be placed on the site. It should be noted that the plans do not indicate one-way parking but they clearly indicate dead-end rows. According to 6 NYCRR Part 617 (State Environmental Quality Review (SEQRA) Section 617.4 b: " The following actions are Type 1 if they are to be directly undertaken, funded or approved by an agency: 6 (10) any Unlisted action, that exceeds 25% of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR part 62, 1994...." In our opinion, the site is substantially contiguous to County Parkland. The Type I threshold exceeded in this case is parking since the construction of 1,000 parking spaces is automatically considered Type I. In this case there is a request to increase the approved parking on-site from sixty-nine (69) to either 345 (Dunn) or 382 (Inter-Science) spaces. In both cases, the increase is more than 25% (250 spaces) of the parking threshold, 276 (Dunn) and 313 (Inter Science). In conclusion, it is clear that this application will have a major traffic safety impact on the property. The requested increase in approved parking spaces in and of itself is a Type I action by definition. The accident rate along SR 25 east of Greenport has increased since the introduction of the high-speed ferry service. The vehicles currently parking along SR 25 are forcing bicyclists to use the main travel ways versus the shoulder lanes creating a potential for more collisions. The fact the current volumes of traffic on SR 25 do not cause any serious degradations of level-of-service, the percentage of traffic created by the ferry has been significantly understated by the applicant. The proposed Snack Bar Lot parking does not meet the standards of the Town or any industry standard publication. In reality, the traffic safety issues take precedence over all the issues described above. Simply said, from a traffic safety prospective, the cramming of the cars on undersized spaces, undersized aisle widths, no painted parking stall spaces, etc., create an unsafe condition and many possible legal issues that may develop 7 R with respect to accidents. The Town may be held liable for allowing the parking of vehicles in substandard spaces and could very easily be brought in as responsible for the parking approvals. All of these items show an impact on the area that requires a more in depth review and appropriate site plans showing the proposed parking schemes. If you have any questions please feel free to call. A hneider, P.E. File: 1021T attachments 8 i 0 40 sir=4a , �r q �I r� �I $ 3 m em 7 A 12 el mR 15 72 Total Parking 5pace6 2C07 Snack Bar Parcel 1000-15-9-15.1 Potential Parking With 15 Foot Buffer Prepared for 5outhhald Lltirer�for5afe Raad9 By 56—ider Engmw-q 356 MLd&C—try Road Coram,NY 11727 631-6 18-6200 SOUTHOLD CITIZENS FOR SRFE ROM, Inc. (SCSR) P.O. DOR 797 GREENPORT, NY 11944 TALKING POINTS FOR CSF 16 JULY HEARING 1 We hope that you understand -- all of you -- that SCSR is spending all this time and effort with one basic purpose: to try to get you, the P.B. and also the Town Board and ZBA to stand up for the citizens and residents of Southold Town by getting some control over this unstinted growth of CSF -- a Connecticut Co. with much interest in making more money and little interest in the welfare of our citizens. It is thus disappointing to see that the Planning Board Consultant recommends that you accept Cross Sound's submission without a proper environmental review. Why disappointing? < It is perhaps the biggest and most disruptive commercial operation in Southold and there has NEVER been an environmental review. < This same Consultant in 1996 said "..the project is located adjacent to the surface waters of Gardiners Bay, which comprises a portion of the Peconic Bay Estuary and lies within the Orient Point Critical Environmental Area." Do you truly believe that the withdrawal of the Trust Property changes one word of that finding? Of course it SOUTHOLD TOWN: R DESTINRTION, NOT R CORRIDOR R 611TEWRY, NOT R THRUWRY JUL 16 2001 � Southold T®ven 0%2- - --- - oft- ----n SOUTHOLD CITIZENS FOR SRFE RORDS, Inc. (SCSR) P.O. OUR 797 GREENPORT, NIP 11944 2 . fact, Cross Sound's own Site Description for i' Site Plan states that the site is located in or substantially contiguous to a Critical Environmental Area. < You are allowing Cross Sound to "piecemeal" their various applications: West lot, Snack Bar lot, which has never had a site plan. SEQRA prohibits this sort of action. < The status of the Snack Bar lot is still in dispute. SCSR has appealed to the ZBA the 14 August, 2000 Memo to you, Benny, from the Building Department basing a pre-existing parking claim on Affidavits and aerial photos showing very sparse parking there prior to the enactment of Zoning in 1957. As of this past week, no action has been taken on that appeal. How can you allow CSF to include that Snack Bar lot in itsi2lan when the ZBA has not amproyed of that status? < Your Consultant keeps relating today's operations with those in 1996, an invalid comparison. What must be compared and contrasted is today and 1995 -- BEFORE the Cross Sound Site Plan submission for the West Lot for "employee and overflow parking" and. their SOUTHOLD TOWN: R DESTINRTION, NOT R CORRIDOR R GRTEWRY, NOT R THRUWRY SOUTHOLD CITIZENS FOR Sf1FE RORDS, Inc. (SCSR) P.B. BOH 797 GREENPORT, NY 11944 3 subsequent surprise announcement of the introduction of the high speed passenger only boat. (That is the one that prompted you, Benny, and Tom Wickham to say you were snookered.) There weren't any cars parked on the Main Road in those days. There were about 70 yesterday, And -- interestingly enough -- on Saturday when the high speed boat was down for maintenance, there was not one car on the road. Yet Cross Sound keeps trying to tell us that the high speed passengers could easily be accommodated on the car ferries and that parking and traffic volumes have not increased. Who are they trying to kid? The most striking observation in this consultant report: Cross Sound's Environmental Assessment Form, under Project Description: There is no number of off-street narking spaces cited -- existing or proposed. Just an asterisk saying "Refer to Traffic and Parking section of EAF addendum." We can't -- our Traffic Consultant can't -- by studying that addendum find any numbers to plug into those blanks. The same is true of the item on maximum vehicular trips generated per hour. < why is that number left blank? < How can you decide if this is Type I or not if SOUTHOLD TOWN: R DESTINOTION, NOT R CORRIDOR R GRTEWRY, NOT 0 THRUWRY SOUTHOLD CITIZENS FOR SRFE ROODS, Inc. (SCSR) P.O. BOH 797 GREENPORT, NY 11944 4 you don't have that number? < Why didn't you send CSF's elan back as incomplete without it? You've done such things before. This is a key point and it is beim finessed. SEQRA requires for an "Unlisted" action -- which your consultant says it is -- that specific numbers of parking spaces not be exceeded. Our traffic Consultant, whom you have met here before, has been visiting the Site -- as recently as yesterday. As he will tell you tonight, the numbers of cars parking out there now far exceed SEQRA requirements for Type 1 environmental review. < Could you tell us now why you haven't sent this Plan back? Please don't say you can't because it is in litigation. This is a Site Plan application. We're trying to find out how you are considering it. We're not asking about litigation. Why are you -- if you approve this plan -- allowing Cross Sound to continue directing off loading cars out State route 25 extension? And not on the road to the West specified in the current Site Plan? It is dangerous. Why don't you require that in the new SOUTHOLD TOWN: R DESTINRTION, NOT R CORRIDOR R GRTEWRY, NOT R THRUWRY SOUTHOLD CITIZENS FOR SRFE RORDS, Inc. (SCSR) P.D. BOH 797 GREENPORT, NY 11944 plan? 5 < Would you please answer that question now ? This Site Plan would allow long term Cross Sound parking at the Southern end of State Rt. 25 extended. That is NOT CSF property. It was intended for the use of local residents who want to walk on the beach or off load ferry passengers. It should be designated as "Southold Town Permit Only" and have a two-hour limit. How can you, if you approve this plan, allow CSF to take those spaces over? Would that be in the interest of the Town that you serve? < Would you please answer that question now -- for our elucidation? The fact is that Cross Sound is trying with this Site Plan to legitimize putting ten pounds in a 5 pound bag. They are trying to legalize the present illegal uses of this Site by adding a few bushes and a painted crosswalk. They are caught between a rock and a hard lance: if they put in the true numbers of cars -- the ones there every day in the summer -- it will automatically trigger SEQRA. If they plug in smaller ones, it looks ridiculous!! SOUTHOLD TOWN: R DESTINRTION, NOT R CORRIDOR R 6RTEWHY, NOT 0 THRUWRY SOUTHOLD CITIZENS FOR SRFE RORDS, Inc. (SCSR) P.O. BOH 797 GREENPORT, NY 11944 6 Your consultant report praises the Planning Board for holding these open hearings to gather information. We and our consultant have made considerable input -- both orally and in writing -- throughout the process. You have never acknowledged any of it and a reading of your Consultant Report indicates that he doesn't either. You call these open hearings but I have never heard one word of discussion among your board members. We have no idea about how you reach your decisions. We hope that each of you on the Planning Board -- particularly you, Benny -- take these points seriously and not accept the recommendation of your Consultant to approve CSF's submitted Site Plan without the thorough environmental review SEQRA stipulates and is so necessary to establish a base line for any future applications. And without even knowing how many cars CSF intends to cram into that five pound bag. I would now ask that our Traffic consultant, Steve Schneider of Schneider Engineering present his report to you. SOUTHOLD TOWN: R DESTINRTION, NOT R CORRIDOR R GRTEWRY, NOT R TRRUWRY "0 \V"S N EXCELSIOR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 CRAIG SIRACUSA, PE JOSEPH H. BOARDMAN JR fGITOA1266fCTOR COMMISSIONER Mr. Scott Dobriner Inter Science Research Associates P.O. Box 1201 36 Nugent Street Southampton,New York 11969 Your April 6, 2001 Submission Proposed Crosswalk Cross Sound Ferry Route 25, Orient Our Case No. 01-108P Dear Mr. Dobriner: This is in regard to the site plans for the above note project which were submitted to us for review. Prior to issuing a New York State Highway Work Permit, the following items must be addressed. 1. The proposed crosswalk should be relocated to the north so it is positioned between the main entrances to the ferry terminal building and the snack bar. 2. Remove the ladder bars from the crosswalks. 3. "Pedestrian Warning" and Pedestrian crossing" signs shall be installed in accordance with the NYS Manual Of Uniform Traffic Control Devices on both approaches to the crosswalk. Please submit four sets of revised plans. The subject material is being reviewed by Mr. Vito Lena. He can be reached at(631) 952-6020, if you have any questions regarding this matter. Please send all correspondence to his attention . Kindly refer to the subject case number and County tax map number in all correspondence. v 'al,#tned By Civil Engineer III Traffic Engineering and Safety AL 01 cc: Yy cc: Ms.Valerie Scopaz, Town of Southold" � Mr. Raymond Jacobs, Town of Southold f ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P 0. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (631)369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER(631) 369-2065 P. 0, BOX 570 JANE ANN R KRATZ WATER MILL, N.Y. 11976 JOHN M WAGNER (631) 726-6633 WILLIAM POWER MALONEY CARMELA M. DI TALIA July 2, 2001 ANTHONY C. PASCA NICA B. STRUNK DELIVERED BY HAND Planning Board of the Town of Southold Main Road �l�a Southold, New York 11971 .3 2001 ♦ ?999`�'P a .1 'saLAk,L Re: Cross Sound Ferry ';,�"v �=•--N board Dear Chairman and Members of the Board: As you know, we are the attorneys for Cross Sound Ferry Services. I enclose herewith a legal memorandum addressing some parking issues raised by various persons in connection with the pending site plan application before the Board. Please consider the memorandum in connection with your review process. Very truly yours, 11 W - w�ur William W. Esseks encl cc.: Frank Yakaboski, Esq. Cross Sound Ferry Svcs � � � �`��• CJI ��1 /�f T " MEMORANDUM �` ' JUL U3 2001 To: Planning Board of the Town of Southold From: Esseks, Hefter & Angel, attorneys for Applicant, Cross Sound Ferry Se vj ge;f n��C. Date: July 2, 2001 Re: Parking Status of Snack Bar Parcel This memorandum is submitted to the Planning Board of the Town of Southold (the "Board" or "Planning Board") in support of a site plan application pending before the Board regarding three parcels owned and operated by Cross Sound Ferry Services, Inc. ("CSF" or "Cross Sound"). As set forth in the Draft Environmental Impact Statement ("DEIS") previously submitted to the Board, the three parcels will be referred to herein as the "West" parcel, "Terminal" parcel, and "Snack Bar" parcel. During the review of the pending site plan application, which CSF submitted in an attempt to aid a settlement of pending litigation, members of the public have questioned the "nonconforming" parking status of the Snack Bar parcel, specifically, the exact nature of that nonconforming status, as well as the reasons and evidence supporting CSF's contention that the parking on the Snack Bar parcel is currently legal through its nonconforming status. This memorandum will attempt to set forth CSF's position in more detail, while clarifying the legal and factual issues involved for the Board. SUMMARY The zoning regulations of the Code of the Town of Southold ("Town Code," also "zoning code") have undergone numerous changes since the inception of zoning in 1957. Although there is no question that ferries were in use prior to 1957 and that the snack bar building-was constructed, at least in part, prior to 1955, the parking status of the Snack Bar .J t Snack Bar Parcel - Parking Status Page 2 of 26 parcel is impacted and ultimately rendered lawful by successive changes to the zoning code and, more recently, by specific Town administrative and legislative approvals granted in 1984/85 and 1995 by the appropriate boards of the Town. Accordingly, the memorandum will first address, in section A, the legal impact of the Town's various code provisions and amendments on the Snack Bar parcel in order to demonstrate that the passenger parking on that parcel is legal, and has been repeatedly ratified by this Board (and others). The zoning history and approvals discussed below are the following: • the adoption of zoning in 1957, and the placement of the improved Snack Bar parcel in the "A" Residential and Agricultural District, rendered the parcel nonconforming (but legal) as to both use and area requirements (see section A.1); • the site-specific rezoning of the Snack Bar parcel in 1972 into the "B-1" General Business District rendered the parcel "more conforming" to the extent some of the commercial uses were now legal, though the parcel was still nonconforming as to parking requirements (see section A.2); • when the Snack Bar parcel and Terminal parcel came under joint ownership in 1983, the parking on the Snack Bar parcel became more conforming, because the various "common ownership" provisions of the parking requirements in the code allowed the passenger parking "use" to be accessory to the commonly-owned terminal (see section A.3); • the 1984 Planning Board approval of the site plan for the terminal reconstruction J^i Snack Bar Parcel - Parking Status Page 3 of 26 amounted to a ratification and/or approval of the Snack Bar parking, because (a) the Planning Board is presumed to have followed the zoning code, which required the board to consider the two parcels a "single lot" for purposes of parking and to determine the "reasonable and appropriate off-street parking requirements" for the passenger water carrier service; (b) the DEIS and site plan approved by the board discussed and showed both the Snack Bar and Terminal parcels, with the Snack Bar being drawn and described as an unmarked, "unpaved" parking lot; and (c) the Terminal Parcel had no other off-street parking for passengers (see section A.4); • the 1984 Zoning Board variance legalized the water carrier service use on the Terminal Parcel, and, as a matter of law, legalized the "accessory use" of the commonly-owned Snack Bar parcel for passenger parking (see section A.4); • the Town Board's 1985 waiver and 1989 rezoning of the parcels into the new Marine II District, amounted to that board's ratification of the use of the Snack Bar parcel for passenger parking (see section A.4); and • the Planning Board's 1995 site plan approval (to add the West Parcel parking) amounted to another ratification of the unpaved, unmarked parking on the Snack Bar parcel, because the Snack Bar parcel was shown on the 1995 site plan and because the Planning Board was required, as a matter of law, to consider it as part of the "single lot" for purposes of parking (see section A.5). The end result of all of these events is that the parking "use" on the Snack Bar parcel is legal as accessory to the commonly-owned terminal parcel, and the area requirements have Snack Bar Parcel - Parking Status Page 4 of 26 Y either been effectively "set" by the Planning Board or, in the least, ratified as nonconforming but "reasonable and appropriate" parking for the terminal and passenger water carrier service. (See section A.6). In section B, the memorandum will then address some factual evidence supporting the historical use of the snack bar parcel for passenger parking. Notably, the Director of Code Enforcement reviewed some of this evidence and issued an August 14, 2000 "Memorandum" to the Planning Board, confirming that parking on the Snack Bar parcel "is a pre-existing use. Finally, the Board will note that a chart at the end of the memorandum will summarize the chronological ownership, use, and zoning of the three parcels. A. THE TOWN'S VARIOUS CODE PROVISIONS AND APPROVALS TO CROSS SOUND FERRY CONFIRM THAT THE SNACK BAR PARCEL HAS LEGAL PASSENGER PARKING. The Town's zoning code has undergone numerous changes since its inception in 1957. Consequently, the zoning restrictions on the snack bar parcel have undergone numerous changes. Furthermore, the three parcels have been the subject of two critical application/review processes, first in 1984/85, and then in 1995. Because the current parking status of the Snack Bar parcel has been impacted by these zoning changes and approvals, the following sections will discuss the legal effect of each of those events, in chronological order. As will become clear, the end result of all of the zoning changes and approvals is that, as a legal matter, the Snack Bar parcel has been put to a legal passenger parking use. Snack Bar Parcel - Parking Status Page 5 of 26 1. When the Town adopted its first zoning code in 1957, the Snack Bar Parcel was rendered nonconforming but legal as to use and parking. Prior to April 9, 1957, there was no zoning code in the Town of Southold. There is little question that ferries were in use well before that time (as early as the 1930s) and that a building that is now the snack bar was constructed before 1955. When the Town initiated zoning in 1957, the Snack Bar parcel was zoned as an "A" Residential and Agricultural District. (A copy of the original 1957 zoning ordinance, as well as the early amendments through 1966, are annexed hereto as Exhibit A). Under §§300-310 of the code, no significant commercial, non-agricultural uses were allowed in the "A" Residential and Agricultural District. Section 1007 of the code, however, preserved nonconforming uses existing at that time as legal uses of the properties. By definition, a nonconforming use of land is one that lawfiilly existed prior to the enactment of a zoning ordinance and that is maintained after the effective date of the ordinance despite its noncompliance with the use restrictions imposed by the ordinance. City of New Yoi* v. Bilynn Realty Corp., 118 A.D.2d 511, 499 N.Y.S.2d 1011 (1st Dep't 1986). Assuming the Snack Bar Parcel was used in 1957 as either a snack bar, store, or office (see section B, below), the parcel would have been entitled to continue those nonconforming uses and would be entitled to any "accessory uses" to the primary nonconforming use as well. See Verstandig's Florist, Inc. v. Bd.. of Apeals of Town of Bethlehem, 229 A.D.2d 851, 645 N.Y.S.2d 635 (3d Dep't 1996) ("Under the doctrine of Snack Bar Parcel - Parking Status Page 6 of 26 accessory use, a landowner is permitted to maintain an accessory use in conjunction with a permitted nonconforming use if the accessory use is truly incidental to the nonconforming use and does not change the basic nature of the use of the property"). Such accessory uses would presumably include parking necessary for the primary use to which the Snack Parcel was placed. Furthermore, if the parcel was used for parking for the passenger'water carrier service, there would be no question that such use would have survived the 1957 ordinance. 2. 'When the Town re-zoned the Snack Bar Parcel in 1972, the parcel became more conforming, though still presumably nonconforming as to parking. The next zoning milestone for the Snack Bar Parcel occurred in 1972, when the Town Board re-zoned the entire parcel into the "B-1" General Business District. (A copy of the Town Board resolution changing the zone is annexed hereto as Exhibit B). This occurred shortly after the Town Board substantially modified the Town's zoning code into a version that more closely resembles the current code. (A copy of the 1972-1989 version of the Zoning Code is annexed hereto as Exhibit C). Under the new designation and zoning code, as of December 27, 1972, the Snack Bar Parcel was entitled`to commercial uses of the property. Section 100-70 of the code allowed restaurants, retail stores, business offices, and non-commercial marinas in the "B- I" B-1" General Business District, as well as all accessory uses to those primary uses. Still, no coinmercial water carrier use was allowed in that district. Consequently, use of the property as a snack bar, restaurant, shop, or office, as well as parking for,those uses, has Snack Bar Parcel - Parking Status Page 7 of 26 been a permitted use as of 1972. It is unclear whether parking on the Snack Bar Parcel for the adjacent terminal and passenger water carrier service would still have been considered a "nonconforming use" at the time. On one hand, to the extent that parking for the passenger water carrier service was inextricably linked to parking for the snack bar, it could be deemed an incidental use to the primary snack bar use. On the other hand, the language of section 100-70(C) of the code suggests that, to the extent the passenger water carrier service was not being provided on the property and would not have been a legal use, any parking for that passenger water carrier service use would have been nonconforming, for accessory uses were permitted only as long as they did not "involve a separate business." Even though the snack bar, shop, and office uses were permitted by the code as of 1972, the accessory parking for those uses was nonconforming with respect to the "Parking Schedule" requirements of the zoning code. Under then section 100-71 of the zoning code, uses in the "B-1" General Business District were subject to the "Bulk and Parking Schedule" in the code. The parking requirements were set forth under section 100-112 of the code, entitled "Off-street parking areas." That provision, which largely tracks the current parking requirements, allows off-street parking as accessory to any use, subject to several provisions, several of which are noted here: • Subdivision A provides a "schedule" that sets forth specific requirements for many uses, including "Eating and drinking places... At least 1 for each 5 seats" but not the uses of "ferry," "passenger water carrier service" or "offices." Snack Bar Parcel - Parking Status Page 8 of 26 • Subdivision A also provides that any "non-scheduled" use is left to the Planning Board to determine: "Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed below shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each use." • Subdivision A also contains a "single ownership" provision: "Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations." • Subdivisions B through E provide specific dimensional and physical requirements for the parking spaces and access. • Subdivision F, entitled "Joint Facilities," provides that parking spaces may be "designed to serve jointly two (2) or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments." • Subdivision H, entitled "Location and ownership," allows parking to be provided either upon the same lot as the use to which they are accessory "or elsewhere, provided that all spaces therein are located within two hundred (200) feet walking distance of such lot." If the parking is located "elsewhere," there must be common ownership. The parkiiig on the Snack Bar Parcel as of 1972, whether accessory to a legal use (the snack bar) or a nonconforming use (the passenger water carrier service), was non- Snack Bar Parcel - Parking Status Page 9 of 26 conforming with respect to the specific regulations in section 100-112. See Matter of Hoffman v. Bd. of Zoning &Appeals of Inc. Village of Russell Gardens, 155 A.D.2d 600, 547 N.Y.S.2d 657 (2d Dep't 1990) ("restaurant became nonconforming under an amendment to the zoning ordinance by virtue of the fact that it had inadequate off-street parking facilities"). New York law is not clear as to whether parking regulations are part of "use" provisions or part of "area" requirements. See Matter of Off Shore Rest. Corp. v. Linden, 30 N.Y.2d 160, 331 N.Y.S.2d 397 (1972) (extensively discussing the difference between use and area regulations, as well as the divergence in case law as to whether parking restrictions are tied to use or to area restrictions); Matter of Overhill Building Co. v. Delany, 28 N.Y.2d 449, 322 N.Y.S.2d 696 (1971) (referring to lack of sufficient parking as "nonconforming use" but also as requiring an area variance not a use variance); Gables v. Fields, 143 A.D.2d 117, 531 N.Y.S.2d 581 (2d Dep't 1988) (treating parking regulations as area requirements). Consequently, assuming the parking pre-existed the regulations, they would either be considered (1) legal but nonconforming as to parking "use" (if the regulations were deemed a "use" requirement) (2) legal but nonconforming only as to area requirements (if the regulations are deemed related only to dimensional elements), or (3) legal but nonconforming only to the extent it never underwent planning board review (to set the "reasonable and appropriate" parking requirements for the parcel). I Snack Bar Parcel - Parking Status Page 10 of 26 3. After Cross Sound came under joint ownership of the Snack Bar and Terminal parcels by 1983, those two lots were required under the zoning code to be deemed a "single lot" for the purposes of parking regulations. The next key zoning event occurred in 1983, not by any Town zoning action, but by Cross Sound's purchase of the Snack Bar Parcel. Prior thereto, Cross Sound had only owned the Terminal Parcel, which it acquired on February 3, 1975. As of September 29, 1983, however, Cross Sound acquired the Snack Bar parcel, thus rendering it the owner of two adjoining parcels. (See chart following memorandum for full chain of title.) The significance of this event lies in the provisions of section 100-112 of the Town Code quoted above pertaining to joint ownership and development of property. Under subdivision A„the common ownership and development of the two properties meant that they would thereafter "be considered a single lot for the purpose of these parking regulations." Subdivision F further allows the parking at the Snack Bar parcel to "serve jointly two (2) or more establishments, whether or not located on the same lot," thus allowing the Snack Bar parcel to service both snack bar patrons, as well as passengers on the water carrier service. Subdivision H allows parking for one lot to be provided either on the same lot or "elsewhere," so long as the parking is located within 200 feet of the main parcel. Notably, a portion of subdivision H suggests that, except for residential districts, parking can be provided for uses that are not necessarily permitted uses in that district: "1;1 all cases, such parking spaces shall conform to all the regulations of the district in which parking spaces are located, and in no event shall such parking spaces be located in any Snack Bar Parcel - Parking Status Page 11 of 26 residence district unless the use to which the spaces are accessory is permitted in such residence district or upon approval by the Board of appeals." Even though the parking on the Snack Bar parcel was still nonconforming with respect to dimensional requirements or with respect to the lack of any Planning Board determination as to the "reasonable and appropriate" parking for the passenger water carrier service use, the joint ownership of the Terminal and Snack Bar parcel rendered the Snack Bar parking "more conforming" to the extent it was used for parking for the passenger water carrier service. Whether the two lots are considered "a single lot" under subdivision A, or whether they are separate, the various subdivisions of the statute allow the owner (CSF) to use the Snack Bar Parcel for parking for the adjoining terminal parcel. 4. When the various Town boards, including the Planning Board, approved the new Terminal plan in 1984/85 and re-zoned the property in 1989, the Snack Bar passenger parking was confirmed to be a legal accessory use and was implicitly ratified and approved as "reasonable and appropriate off-street parking" for the main passenger water carrier service use. Perhaps the most critical zoning "event" occurred in 1984-1985 (and again in 1989), when all three boards of the Town — the Planning Board, Zoning Board, and Town Board — approved the terminal reconstniction and rezoning. Copies of the relevant decisions are annexed hereto as follows: • Planning Board's March 30, 1984 site plan approval (actual site plan approved is currently on file with the Town), Exhibit D; Snack Bar Parcel - Parking Status Page 12 of 26 • Zoning Board's May 15, 1985 use and area variance approval, Exhibit E; • Suffolk County's May 30, 1984 "negative declaration," Exhibit F; • Planning Board's June 5, 1984 "negative declaration," Exhibit G; and • Town Board's October 29, 1985 waiver, Exhibit H. Furthermore, copies of the Environmental Assessment Form, Parts I, II, and III, and the Draft Environmental Impact Statement, upon which the approvals were based, are annexed as cumulative Exhibit I. One of the significant aspects of these approvals is that the Town effectively ratified the then-existing development of the three parcels, including the nonconforming parking on the Snack Bar Parcel. As a matter of law, there is a presumption of regularity that attaches to every official act. See Matter of Vilca v. Village of Port Chester, 255 A.D.2d 593, 681 N.Y.S.2d 291 (2d Dep't 1998); Matter of O'Dea. v. Bell, 242 A.D.2d 349, 661 N.Y.S.2d 265 (2d Dep't 1997). That presumption applies to zoning and planning board determinations. Kontogiannis v. Fritts, 144 A.D.2d 850, 534 N.Y.S.2d 802 (3d Dep't 1988); Black v. Summers, 151 A.D.2d 863, 542 N.Y.S.2d 837 (3d Dep't 1989). Considering that none of the decisions were challenged in court, we must presume that, when reviewing Cross Sound's application, the boards considered their statutory mandates. To the extent the Planning Board approved the terminal site plan, the presumption of regularity in flus case would indicate that the Planning Board considered the nonconforming Snack Bar parking to be "reasonable and adequate" parking for the passenger water carrier service. As provided by section 100-112(A) of the Town Code, the Planning Board, upon 1 Snack Bar Parcel - Parking Status Page 13 of 26 considering Cross Sound Ferry's application for a site plan of the Terminal Parcel, was required to determine the "reasonable and appropriate" parking for that terminal use. Furthermore, the Planning Board was required to consider the two commonly-owned lots as "a single lot" for purposes of the parking requirements. A brief review of the application confirms that: (1) both the Terminal Parcel and the Snack Bar Parcel were included in the Site Plan approved by the Planning Board — the Terminal Parcel was well laid out and detailed, with only a handful of parking spaces for employees, but the Snack Bar parcel was left with one large, unmarked parking area surrounding the snack bar (Exhibit D); (2) the DEIS submitted to all the boards notes: "Existing terminal facilities are located on 2 parcels of land East and West of Main Rd. at the Easterly terminus of Rt. 25. A one story wood frame building, serving as a business office, ticket office, waiting area, lounge and vending machine snack bar, is situated on the 1.4 acre [Snack Bar] parcel East of Main Rd., along with an unpaved parldng lot, cesspool wastewater disposal system and water well." (Exhibit I, DEIS p.3) (3) the EAF Pt. II, under the question regarding possible impact on transportation, stated, "Present transportation systems will be maintained but in a more efficient manner." (Exhibit I, EAF Pt. II) Thus, the applicant clearly disclosed the "unpaved parking lot" use to which the Snack Bar parcel was put, the fact that there was no other off-street parking for passengers, and the Snack Bar Parcel - Parking Status Page 14 of 26 fact that they were intending to continue the same transportation systems use as presently existed. Consequently, when the Planning Board approved the site plan and issued a negative declaration, it did so based upon a plan that provided no passenger parking on the Terminal parcel but provided for unmarked, unpaved parking on the jointly-owned Snack Par parcel. Under the presumption of regularity, we must assume that the Planning Board performed its function of determining the "reasonable and appropriate off-street parking requirements" for the un-"scheduled" passenger water carrier service. The only off-street passenger parking that was before the Planning Board was the unpaved, unmarked parking on the Snack Bar parcel. Therefore, the Planning Board effectively ratified the nonconforming parking on the Snack Bar parcel as "reasonable and appropriate" off-street passenger parking for the passenger water carrier service. Also significant at this time was the concurrent use variance granted by the Zoning Board to allow the ferry use on the Terminal Parcel. (Exhibit E) A use established under a variance is not considered "nonconforming." See Angel Plants, Inc. v. Schoenfeld, 154 A.D.2d 459, 546 N.Y.S.2d 112 (2d Dep't 1989). Even though the "use variance" was issued for the Terminal Parcel only, it would have the effect of legalizing the passenger parking use on the Snack Bar Parcel as well. This stems from the "Location and Ownership" provision set forth in section 100-112(H), which, as discussed above, allows a separate parcel to provide parking for a use on a commonly-owned parcel even if the parking parcel is not zoned for the same use (so long as Snack Bar Parcel - Parking Status Page 15 of 26 it is not residentially-zoned). The same conclusion would be reached by considering the two parcels "a single lot," as required by section 100-112(A). If the two parcels are a single lot, and assuming that the use variance applied only to the Terminal Parcel, the single, combined lot would be the equivalent of a lot divided by a district boundary. Such divided lots are governed by subdivision I of section 100-112 , which provides that "Parking spaces on such a lot may be located without regard to district lines," so long as parking is not located in a residential district. Thus, to the extent that parking for the passenger water carrier service on the Snack Bar parcel may have been previously nonconforming as to use, the variance legalized that use. Finally, the Town Board's "waiver" from the provisions of Local Law No.'14 of 1985, as well as its subsequent rezoning of the property, are also significant because the Town Board ratified the ferry use and plan for the two parcels (Terminal and Snack Bar). In 1985, during the master plan update, the Town Board was required to grant a waiver (presumably from a moratorium) in order to allow the terminal reconstruction for the'water carrier service. The Town Board granted the waiver, noting that the proposed use was "consistent with the uses in a Marine Business District as proposed by .. Master Plan Update Zoning Code revisions." (Exhibit IT) Then, in 1989, the Town Board revised the Town's zoning code (but left the parking provision substantially intact, albeit under new section 100-191'), and it again ratified the ' The new "Off-street parking areas" provision was amended somewhat to add more uses to the "schedule," though passenger parking was still a "non-scheduled" use requiring the Plaiuiing Board to determine its "reasonable and appropriate off-street parking Snack Bar Parcel - Parking Status Page 16 of 26 passenger water carrier service use for both parcels by rezoning all of the properties into the new "M-II" Marine District. The stated purpose of the M-H district was "to provide a waterfront location for a wide range of water-dependent and water-related uses, which are those uses which require or benefit fiom direct access to or location in marine or tidal waters and which, in general, are located on major waterways, open bayfronts or the Long Island Sound." Town Code § 100-120 (post-1989 code). For the first time, the code allowed "ferry terminals" as a permitted use in the M-II district, by special exception permit from the zoning board. Although the terminal use on the property was already legal and conforming because of the use variance granted in 1984, the 1989 re-zoning confirmed the suitability of the passenger water carrier service use on the Terminal Parcel and the accessory passenger parking use on the adjoining Snack Bar parcel, both of which were now zoned for marine uses. Based upon all of these approvals, the,status of the parking on the Snack Bar Parcel as of 1985 (and 1989) would have been as follows: the accessory passenger parking use was legal and conforming and the parking was conforming to section 100-112 because the Planning Board implicitly determined the unpaved parking area to be "reasonable and appropriate." requirements." Town Code §100-191(A) (as of 1989). Added to subdivision (A) was a provision that allowed the Planning Board to conduct "periodic monitoring" of non- scheduled uses. The other subdivisions discussed above were left intact. I Snack Bar Parcel - Parking Status Page 17 of 26 5. When the Planning Board granted site plan approval to the West parcel in 1995, it again implicitly ratified and approved the Snack Bar parking as "reasonable and appropriate" passenger water carrier service parking. Another critical zoning event occurred in 1995, when the Planning Board granted site plan approval to the West parcel and again ratified the Snack Bar parcel parking. (Exhibit J). As mentioned above (see footnote 1), when the Town Board changed the zoning code, it left the critical portions of the parking requirements intact. Consequently, there was still no "schedule" for passenger water carrier service parking, leaving the Planning Board to determine "reasonable and appropriate parking requirements," and all the joint facilities/common ownership provisions remained the same. Soon after Cross Sound acquired the West parcel on October 4, 1993, it applied to the Planning Board in the Spring of 1995 to convert most of the parcel to overflow parking for the terminal. Prior thereto, the Snack Bar parcel was the only one which had any off- street parking for passengers. The Town did not require Cross Sound to apply for a special permit in 1995, presumably because the water carrier service terminal use on the Terminal parcel was already legal and conforming (due to the variance), and so accessory passenger parking on the West parcel would be legal and conforming under the various joint ownership/location provisions in section 100-191 of the code (see discussion in prior section concerning the legality of the passenger parking on the Snack Bar parcel). Significantly, the site plan actually approved by the Planning Board in 1995 was a Snack Bar Parcel -Parking Status Page 18 of 26 drawing of all three parcels, with the West and Terminal parcel site plans delineated carefully and the Snack Bar parcel left, as it was in the 1984 site plan, as an unmarked, surveyed area. The new parking on the West parcel was drawn to accommodate 69 marked stalls. The effect of the 1995 site plan approval would appear to be identical to the effect of the 1984 site plan approval, namely,that it amounted to a Planning Board ratification of the parking on the Snack Bar parcel. Under the Code, the Planning Board was to consider all three parcels as a "single lot" for purposes of parking, and it was once again required to determine the "reasonable and appropriate off-street parking requirements" for the passenger water carrier service. Town Code §100-191(A). The fact that the Snack Bar parcel was included in the site plan, but without any marked stalls, confirms that the Planning Board considered 'the unmarked parking to be "reasonable and appropriate" (and therefore conforming). 6. The passenger parking on the Snack Bar parcel is legal, whether fully conforming or conforming to use but nonconforming to some area requirements. As the above discussion confirms, the parking on the Snack Bar parcel has pre- existed and leas been known by the Town, as evidenced most notably by the 1984/85 approvals and the 1995 site plan approval. Not only has the pre-existing parking status of the Snack Bar Parcel never been questioned prior to this�time, but that status has been repeatedly ratified, through two site plan approvals granted by the Planning Board in 1984 Snack Bar Parcel -,Parking Status Page 19 of 26 and 1995, a variance granted by the Zoning Board in 1984, and a waiver and re-zoning granted by the Town Board in 1985 and 1989, respectively. Based upon the code provisions and zoning events discussed above, the end result of all of these events can best be summarized as follows: 1) the passenger parking "use" on the Snack Bar parcel is permitted as an accessory use to the legal, conforming terminal use on the adjoining Terminal parcel; and 2)the area/dimensional requirements of the passenger parking are either a) conforming because the Planning Board implicitly deemed the Snack Bar parking to provide "reasonable and appropriate off-street parking" for the passenger water carrier service, or, in the very least, b) nonconforming but ratified as pre-existing and legal by the Planning Board (by the two site plan approvals in 1984 and 1995), the Zoning Board (by the variance granted in 1984), and the Town Board (by the waiver granted in 1985 and the re-zoning in 1989). B. THE FACTUAL EVIDENCE CONFIRMS THE LEGAL PARKING USE OF THE SNACK BAR PARCEL. There is sufficient factual evidence to confirm that the passenger parking on the Snack Bar parcel has been ongoing and is legal and pre-existing, even if it is somehow still found to be nonconforming in any respect. The first factual evidence to note is the historical lack of independent parking on the Terminal parcel. As confirmed by the aerial photographs (previously submitted to the r Snack Bar Parcel - Parking Status Page 20 of 26 Planning Board) as well as the site plans, the Terminal parcel was and is not used for passenger parking. Early photographs show an agricultural "Terminal" parcel, with only a thin portion used for access to the terminal. Despite this lack of parking on the terminal parcel, the ferries have always been equipped to carry both cars and passengers without cars. As set forth in the DEIS, newspaper clippings then on file at the Suffolk County Historical Museum, the operator introduced a vessel in 1948 that was capable of accommodating nearly five times as many passengers as automobiles (68 automobiles and 300 passenger). (Exhibit I) Also, the Cape Henlopen, which was introduced prior to the Town approvals in 1984/85 and which was mentioned in the 1984 DEIS (along with several other vessels), has a car capacity of 90 cars but a passenger capacity ten times that amount (900). (Exhibit I) Early brochures produced by then operator, New London Ferry, confirm that the passenger-only service was not only offered, but advertised as an independent service with special rates and package offers. Attached hereto as Exhibit N is a copy of a 1965 brochure, which offers a one-way passenger-only rate of$2.00 (as compared to the $8.50 fee for an automobile with driver) and a "Special Round Trip Excursion" rate of$3.00 (children, $1.50) whereby passengers would park at either Orient or New London, Connecticut and take a "Days Vacation" sailing on the Long Island Sound. Since there was no parking on the Terminal parcel, the photographs confirm that the parking for passengers without vehicles was done either on the road or on the Snack Bar parcel. As volume of passenger traffic increased, so did the parking on the street and Snack Bar Parcel - Parking Status Page 21 of 26 Snack Bar parcel. The aerial photographs also confirm that the building that would become the snack bar and office was built prior to 1955 and has remained in its same location since the inception of zoning in Southold in 1957. Further evidencing the passenger parking on the Snack Bar parcel are three affidavits of current or former Southold residents. One witness, James Arthur Kenniff, operated the North Fork Shipyard in New Suffolk and lived at Youngs Avenue in Southold. (Exhibit K). Mr. Kenniff traveled between Orient Point and New London on the vessels starting in 1960 and continuing until 1987. According to Mr. Kenniff: It is my distinct recollection that during all those years [1960- 1987] vehicles were parked south and east of the snack bar structure (on the parcel east of the State Highway) and drivers and/or passengers from those cars became passengers on the ferry: The number of cars that would be parked there by people who used the ferry varied depending on the month of the year; there were more in the Spring, Summer and Fall and less in the Winter. (Exhibit K). Similarly, witness, Thomas J. Uhlinger, Town of Southold resident since 1961, commuted between Newport, Rhode Island and Orient, New York during the middle/late 1960s, and it is his "strong recollection that there were cars parked from time to time east of the existing snack bar building when [he] visited the site prior to 1968," and he believed that the parking was for passengers of the ferry service." (Exhibit L). Finally, current Greenport resident, Spencer Morgan, has visited the site for over 40 years and recalls "regular" parking on the Snack Bar parcel for passengers "[f]or all the years during Snack Bar Parcel - Parking Status Page 22 of 26 the 1990s, 1980s, 1970s and earlier." (Exhibit M). Mr. Morgan also recalls fluctuations in parking depending on the season, with more parking occurring "during the spring, summer and fall months...." (Exhibit M). Other long-term Southold residents also testified about the pre-existing parking at the various public hearings held on the site plan application. The aerials and affidavits, when viewed in conjunction with the historical use of the properties as documented in, for example, the DEIS submitted in 1984 (Exhibit I), as well as the legal changes to the zoning code over the years (which culminated in the rezoning of the Snack Bar parcel into the Marine H District) and the approvals granted to the various parcels, all confirm that the parking on the Snack Bar parcel has pre-existed the parking requirements and various zoning changes imposed by the zoning code. Considering that the Town, in the first 40 years after the imposition of zoning, never questioned the parking status on the Snack Bar parcel, the factual evidence supports the contention that the parking is either legal and conforming (in whole or in part) or legal and nonconforming. Finally, the Director of Code Enforcement's August 14, 2000 "Memorandum" to the Planning Board confirmed that parking on the Snack Bar parcel "is a pre-existing use." (A copy of the memorandum is annexed hereto as Exhibit O). Specifically, the Director stated: I have received evidence of, and have determined that parking on the parcel known as `the snack bar parcel' is a pre-existing use. Affidavits and aerial photos refer to parking there prior to the enactment of Zoning in 1957. Evidence includes affidavit dating parking as early as 1951. In sum, the parking on the Snack Bar parcel is, at the very least, a legal, pre-existing use as a matter of fact. Snack Bar Parcel - Parking Status Page 23 of 26 CHRONOLOGICAL OWNERSHIP, USE, AND ZONING OF CROSS SOUND FERRY PARCELS Date Town Code Snack Bar TerminalWest JParcel 1920s- McDonnell acquired parcel; road taken Ferry in 1930s by state existence, agricultural land, no Parking 5/55 Aerial photograph: confirms ticket office, waiting room, and toilet structure, as well as building that would later become snack bar. Some parking shown on portions of the property east of State Highway/parking area 1/13/56 McDonnell sells portion of snack bar (containing building) to Peter E. Pappas 4/9/57 1957 Code: Zoning Initiated in Southold. Property zoned "A" Residential and §§300-310 created "A" Residential and Agricultural District. Presumably, snack Agricultural District, with no significant bar building, ferry, and parking uses connnercial uses. §1007 preserved became nonconforming nonconforming uses. (Exhibit A) 1960 KenniffAffidavit.: remembers parking on parcel, 1960-87, varied depending on month. (Exhibit K) pre- Uhlinger Affidavit: remembers parking 1968 on parcel prior to 1968. (Exhibit L) 2/13/68 McDonnells sell remainder of parcel to Constantine Pappas 19706 Morgan Affidavit: remembers parking on parcel, 1970s-1990s (Exhibit M) 10/30/71 C. Pappas acquires building portion of snack bar. 12/27/72 B-1 District (§100-70) allowed Rezoning: All of parcel rezoned "B-1" restaurants, retail stores, business offices, General Business. non-commercial marinas but still no ferry Any snack bar and office use became use. (Exhibit B) conforming, with parking use as accessory to main use. Unclear whether parking for passenger water carrier service would be legal or still nonconforming use. Presumably, lack of parking layout, stalls, etc., renders parking dimensionally nonconforming. Snack Bar Parcel - Parking Status Page 24 of 26 Date Town Code Snack Bar Terminal West Parcel 3/21/73 C. Pappas' full interest to Nathanson 2/3/75 Cross Sound acquires parcel from New London Freight Lines, Inc., begins operating service 9/29/83 1972-1989 Code: §100-112: Off Street Cross Sound acquires full parcel from Parking: Nathanson. "A. Any land which is developed as a unit under single ownership and control Under subd. H,joint ownership of snack shall be considered a single lot for the bar and terminal parcels requires them to purpose of these parking regulations. be "considered a single lot" for parking Reasonable and appropriate off-street purposes. parking requirements for structures and uses which do not fall within the Under subd. F., parking spaces could categories listed below shall be also legally serve "joint facilities" of determined by the Planning Board upon both terminal and snack bar uses. consideration of all factors entering into the parking needs of each use. Under subds. A, F&H, parking for Note: Ferry use not listed, so up to passenger water carrier service on snack Planning Board to set parking needs. bar parcel seems to be a legal, Subd. F. "Joint facilities," allowed conforming use, though still "spaces designed to serve jointly two (2) dimensionally nonconforming. or more establishments, whether or not located on the same lot," Subd. H. "Location and ownership" allowed accessory parking to be provided either upon the same lot "or elsewhere," as long as it's within 200 feet of the lot and not in a residence district. (Exhibit C) 3/30/84 PB Site Plan Approval.: snack bar parcel PB Site Plan shown on site plan as part of joint Approval: ownership, no marked stalls or parking only had layout shown on parcel. Presumption of limited regularity would indicate that PB parking for considered it one lot for parking employees. purposes, found the snack bar parking No off-street "reasonable and appropriate" off-street parking parking for passengers. At best, can be provided for viewed as PB ratification/waiver of patrons. Off- dimensional nonconformance, rendering street parking it fully conforming. At a minimum, it served only by was a ratification of legal, pre-existing snack bar parking use. (Exhibit D) parcel. (Exhibit D) Snack Bar Parcel - Parking Status Page 25 of 26 Date Town Code Snack Bar Terminal West Parcel 5/15/84 ZBA use and area variance approval: to allow ferry terminal construction. (Exhibit E) 5/29/84 DEIS(for terminal construction)notes: EAF 1, II, III, "Existing terminal facilities are located DEIS on 2 parcels of land East and West of submitted Main Rd. at the Easterly terminus of Rt. (Exhibit I) 25. A one story wood frame building, serving as a business office, ticket office, waiting area, lounge and vending machine snack bar, is situated on the 1.4 acre parcel East of Main Rd., along with an unpaved parking lot, cesspool wastewater disposal system and water well." (p.3) EAF Pt.. II: under impact on transportation, "Present transportation systems will be maintained but in a more efficient manner" (Exhibit I) 5/30/84 Suff.Cty. Neg Dec. (Exhibit F) 6/5/84 PB Neg Dec. in connection w/Site plan. (Exhibit G) 10/29/85 Town Board waiver granted, noting that new terminal would be "consistent with the uses in a Marine Business District as proposed by .. Master Plan Update Zoning Code revisions." (Exhibit H) 2/25/88 Aerial.: clearly shows unpaved, but used parking area, with cars throughout J Y1 Snack Bar Parcel - Parking Status Page 26 of 26 Date Town Code Snack Bar Terminal West Parcel 1/89 1989 Code: Rezoned M-II Rezoned—H Rezoned §100-121: M-II district allows ferries as II special exception uses. §100-191: Off Street Parking: Retained subd. A. "single ownership and control shall be considered a single lot, ferry/water carrier services still not on schedule, Planning Board still required to determine "[rjeasonable and appropriate off-street parking requirements." Note: ferry use not listed, so up to Planning Board to determine passenger parking. Subd. F. "Joint facilities," allowed "spaces designed to serve jointly two (2) or more establishments, whether or not located on the same lot," Subd. H. "Location and ownership" allowed accessory parking to be provided either upon the same lot "or elsewhere," as long as it's within 200 feet of the lot and not in a residence district. §§ 100-250 et seq.: new site plan requirements, including "intensity" provision. 5/21/91 Cross Sound acquires easterly strip from McDonnell. 10/4/93 Cross Sound acquires from HBB Assoc. 5/15/95 PB Site Plan Approval:parcel depicted PB Site Plan PB Site on site plan, w/no marked parking stalls Approval. Plan or parking layout. (Exhibit J) Approval (Exhibit J) (Exhibit J) -7Z t1 r �- ,. , .. -_! _� - -r� -,-ter ..::� .:. _. �.,� _ R_.. ^ _ ,�.. .. i��c:...,.. rr" _ *. �_- i �--...- ,� *1 �; -7,,�:i T� 55 s PARK A AT 4 YOUR y .. ,.. 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