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Home My WebLink AboutFARR, KATHERINEBOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 16, 1983 TELEPHONE (516) 765-1892 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on September 13, 1983: RESOLVED to recommend to the Southold Town Board approval of the Wetland Application ~159 submitted by En-Consultants, Inc., on behalf of Katherine Farr as per application. Very truly yours, Board of Town Trustees Paul Stoutenburgh ' President PS/ip Telephone 516-765-1938 BO/ 11971 March 5, 1982 Mrs. Judith T. Terry, Town Clerk Town gall Southold, N. Y. 11971 Dear Mrs. Terry: The following action was taken by the Board of Southold Town Trustees at a regular meeting held March 2, 1982: RESOLVED to recommend to the Southold Town Board approval of the wetland application, ~88, of Kathrine Farr to construct two bulkheads, two floating docks and to dredge in Sterling Creek, Greenport. Yours truly, Paul Stoutenburgh, President Southold Town Trustees JUDITH T. TI: RRY TOWN CLERK R. EGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 25, 1983 Town Hail, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. Paul Board of Southold Southold, Stoutenburgh, President Southold Town TrusTees Town Hall New York 11971 Dear Mr. Stoutenburgh: Transmitted herewith is application no. 159 for a wezland permit submitted by Enconsultants, Inc., on behalf of Katherine Fart. Please prepare a writzen repor~ of findings and recomendations with respect to this application. Very truly yours, Judith T. Terry Southold Town Clerk Attachment JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 1197i TELEPHONE (516) 7654801 Februar? 22, 2982 Mr. Paul Stoutenburgh, President Board of Southold Town Trustees Southotd Town Hall Southold, New York 11971 Dear Mr. Stoutenburgh: Transmitted herewith is application no. 88 for a wetland permit submitted by Enconsultants,Inc.for Kath~ine Please prepare a written reporz o£ findings and recommendations with respect To this application. Fart. JTT./bn Very truly yours, Judith T. Terry Town Clerk Sterlin~ Creek Town Of Southolll Town Clerk's Office Sonlhohl. N. Y. APPLICATION [ )R WETIi~NDS PERMIT AoDlicofio~ No ../~O'~'¢ ............ Ident:t¢ af Applicant ..~B.7.C:P~.8.q~J~.qY!I:.?,- [q~:.:Cp~'_!¢q.[!!r_i..n.~ [:orr ........ PO Box )6b .... ~,reenport, NY !194~ Address of Aooticant .... 64..Xo.r. tk.kic, Ln. SLrm!/,. Sou.chan,.~t~,_:S.,.-Y ...... L19,58~ ............. INSTRUCTIONS FOR PERMIT P., P~Iot P~sn n-t st De drown ~0 scale on ine ~(~vOrqg ,'~de of this application showin¢ the location of r~rc~e~,,,. - ,~ non-es and iocofton5 of ~wlq~l~; of rMjo'ning properties, and a detoi!cd descriptio~ cf Dr0D0%O.q Dtoiec Note COD*eS of the Pilol Ph3n may be made by o copy moch,'~o ~d attached '~r '¢ ~'r¢a;~~,,- ,hall be m~hatcd ov the QDJ~IIccTrll untd (,U permit5 that ore reqL~rec! ore issued mas sno ':c 'afed ,.~golq Lhqited S',otes Coast o~d ~e¢~',o' c St rvey and/or United Steres geoogico[ %25 O0 shall nccomoanv .~e O.q)[i('('r~q~r~ ~[I; ~ hhnq fee inc!udes eno inspection Sec ~o~ ~subd~ s .¢¢. ~ c~__. w~erc ii' finds [hat .~oture of the LdO ~ a.. ,v_ of Ires application rne Town Cl{'rk ,dl msue o permit to the opo]icont Such Disopp roved ........................................................... Conditions, if any Exomining Body ................................/'~~'~ ...... ,~ ..................................................................................... APPLICATION IS HEREBY MADE to the Town B~rd of the Town of Southold, Suffolk Count, New York, for the issuance of a permit pursuant to the Lows, Ordinances and Regul~ions g~e~ Jng the Coastal and Inferior Wetlands, FIo~ Plains and Drainage Areas of the To~ of ~uthold: Permit requested to ............ (~..~ZZ~g]J~,~ ......................................................................................... Location of prope~y for which permit wanted_,,~/~.,~fl~fl~.~....~.~.~....~,~.~.?,g~.q.~.~.~ ~ome address of permit applicant if different from aforesaid J~ation Size of proposed work: Length Width Height Above High Water _:Z, ...................................... ~ ....................................................................... Depth Below Low Water ............. .......... ................................................................................................. Yards to be Excavated ........... ...L.....I ..................................................................................................... Yards to be Filled ............ J:..-.'. ................................................................................................................ Width of canal, creek or bay fronting propel'b/ ......... ,~...:. .................................................................. Depth ~t Low Tide ............. 7. ................................................................................................................. Average Rise in Tide ~' '' Is this for private or business use? ........ ~.s,,~:,n..e..s.§ ................................................................................ Area Zoning ............ 9.o~,e.~ c, ~. ~ 1 ......................................................................................................... Manner in which material will be removed or deposited . ..~g..c..k..e.~...qK~.n.~.......b.H.I..I..d.g~..a.~.d....~.r..u.c.k Intended use of property Written consent of owner of property, if not the same os the applicant .... .(~;]~..~];~]g.~ ........ COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ...... ~o.y..I~....~.a ................................................................................ being duly sworn deposes and says that he ~s the applicant for the aaove describea permit, and that all statements contained horein are true to the best of his knowledge and behet; that the work wiiJ be done in the manner set forth in this application and as may be approved ay the Town Board of the Town of SouthoJd The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any (~nd Oil damages and claims arising under or by virtue.--o~f said ~rm~, if granted '-"F Sworn to before me this ................................ tiny nf Fphr,,~ ~'~ Notary Public Sterling Creek Town Of Southold Town Clerk's Office $outhold, N. Y. APPLICATION FOR WETLANDS PEtLMIT Application No...~..~.. ..................... Date of Application ................................................ Identity of Applicant .... ~.T.C..o. 9.s.~..1.t..~..~.s~.~..~.9.:~.~.~.a.?..h..~.~.q~e.~.~.I.t.~.~.~R~.~.;~.~.~RE~Ft, N~ 1194~ Address of Applicant .... .64..%~o.r. tlz.Main_$.~eet.,..$o~lzamp.toz~,..~l,..X ....... llg.6R ......................... INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter~ permission from the owner of the property if not the same as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application.) ,~ No operation shall be initiated by the applicant until all permits that are required are issued. D. 4, detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. ~F. If permit is being sought for o more sizeable excavation than the construction of o private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $25.00 shall accompany the application. This filing fee includes one inspection: there is a $5.00 fee for each additional inspection. H. The Town Board upon request~f the applicant f~r a permit, may waive in whole or in part, the provisions of ArticJe II, Section ~subdwis,ons and ((~'where it finds that nature of the proposed operations are such that the requirements of such provisions ore not necessary for a proper consideration of o permit application. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such Fermit shall be available for inspection at any time, upon request. Examined ..................................................19 ....... Approved ................................................................ Disapproved ........................................................... Conditions, if any ................................................................................................................................. Examining Body ..................................................................................................................................... Signature of Chairman ......................................................................................................................... APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to ........... .~.S.~...A.~.?.A..C.~.D.~ .......................................................................................... Location of property for which permit wanted~-~w~/~s~M~a~n~b~a~n~s~e~t~.~A~e~.~G"~r~e~e"n-R~r`~t~ ................... Suffolk County, N. Y. Home address of permit applicant if differerft fram aforesaid location .............................................. Creek, Bay or Harbor fronting property ....S..~.e.~..[.~.~.[...qE.e..e..~. ................................................................. Size of proposed work: Width ..................................................................................................................................................... Height Above High Water ....-~ ................................................................................................................ Depth Below Low Water ~' ~* Yards to be Excavated ................... ~ ...................................................................................................... Yards to be Filled ~ Width of canal, creek or bay fronting nran~'+', ./.d~..~._T~ I ............ Depth at Low Tide .~? 7_ ~-[ _. Average Rise in Tide ' ' - ' Is this for private or business use? ........ ,b.u.s.~.e..s..s, ................................................................................. Area Zoning ............ ¢.o~,1~.~ ~,~ ;L ............................................................................................................. Manner in which material will be removed or deposited ~.b~.u~q~k.~e.t.~.c..r..a..n..a.~b..u~.~.~.~d.~.z.~e..r.~.a'~%~9k Intended use of property ..... ..A..~..~.9..w.~.m.p.~..r..i..n.~p..f.~.s~.a..i..~b.9~.a.~:..s.~.u.s..e..d.`~.f.p..r.~.~h~gg~.~g~ ........ Written consent of owner of property, if not the same as the applicant .... .(~;~;..~,~A~;~.~ ........ COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ....... i~o.~...I,...~.a.~e ....................................................................................... being duly swam deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be dane in the manner set forth in this application and as may be approved by the Town Board of the Town of Southold. The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and claims arising under or by virt~jf~i.f granted. ~';'~~r~;~'-'"~' .................................. Sworn to before me this ............ !.~ ............... day of ..... F.~b.~-ua~M .............................. , 19.82 .... ................, ./..~.~ ~ ~ ~_,__..~..: ...................... ~,~v~, ~ ~...~ .............................. Notary Public pATR[C1A FORD Notary pubic, S~a~e of New York No. 4066151 · in suffolk count Qu&l~fi~d March 30, ~erm Expires (Description for Kathrine Fart) Construction of 13' and 41' sections of timber bulkhead with 5' return on n/s in configuration indicated on attached work plan. Installation of floating docks of dimensions 70' X 6' (to be placed adjacent to existing bulkhead) and 40' X 6' (to be placed in front of proposed section of bulkhead). Dredge an area 40' X 20' to 4' below MLW and place resultant 35 cu. yds. on adjacent upland as backfill. Purpose of project is to allow mooring of s~ilboats used for charter operation. ql /~I~NHP, N,~ET RVE F/.. o RT '~, , t4~V"~L 6'' ~ ~ ~'ll. uJ= O"O' ~(J" K Id~"R O~ FI..OR'I'ieI' DREO,~ · 5ou'rwoco, .~UFFO,,~ ¢o.~ S,£E'r t0~'1 .~LERK JUDITH T. TERRY T OWN C~ERK I~EGISTRAR OF VITAL STATISTICS SUFFOLK COUNTY Southotd, L. I., N. Y. 11971 February 22, 1982 TELEPHONE (516) 765-1801 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by Enconsultan~s for Kathrine Fart in connection with her wetland application no. 88 for a wetland permit. Permission is requested for construction of 13' and 41' sections of bul~ead, 70'x6' and 40'x6' floating docks, and dredge an area 40'x20' to 4' below MLW at west side of Manhanset Avenue, Sterling Creek, Greenport, New York. Town Clerk Posted on Town Clerk's Bulletin Board on 2/22/82 AF,PENDII B NA~ OF PROJECT SHORT ~ V--r~.ON~NT.~L (a) In order to answer Eke questions i.u this short gAP is is assumed that the preparer wi!! use currently available L~formation concerning the projec~ and l~--kely impacts of the action. It ia nc= ex?acted t~%t addi:ional studies, research or other Luvestiga~.!ons will ~e undertaken. (b) Lf any question has been answered Yes the.orojec~ may be s.~n.~an~ ~ ~ e ant' a completed Environmental Assessment Form is necessary, (c) If all questions have been answerm~d No it is likely ~ha: ~his project is significant · F~u ,viz,-om-m e n t ,al Assessment Wilt proJec~ result in e !ar~e physical change 3. 6. 7. 8. 12, ~o the proJecu si~e or physically elmer mo~ than 10 acres of land? · , · , · · · · · , Will there be a major change ~o any un~que or ~uusual land form found on bbs sine? , · 13, Will project alter or have a large affect on an existing body of water? , . · · , , . ~i!! project have a notenulally large Lmpac~ on groundwater ~uailty?' , , , · , , , , , Will project s~.ificantly effect drainage on adJacen~ si*~es? , , , , · '. , . · Will project affec~ any bhreatened or endangered plant or animal species? , , · · , , o · Will project result in a ,major adverse effect on air quall~y? , · , Will projec: have a major effect on visual char- actor of the comm~uuity or scsni~ views or vistas k~own no be important to ~ha communit-y? , , , Will proJec~ adversely impact any site or struck. ute cf hietoric~ pre-historic, or paleon%ologica! importance or any site des!gnawed as a crltiea~ environmental a~a by a local agency? o , , Will project b~ve a major effect on exis~ing or future recreational opportunities? , , , Will project result ~--u major ~raffic problems cr cause a major effect ~o existing transpor%ation Wilt project regularly cause objectionable odores noise, glare, vibra~ion, or electrical die.orb- anco as a resulu of the project's opera=ion? . res '~' No Yes ~ No Yes __ No Yes No Yes No Yes Nc Yes No Will project Dmve any impac: on public health or Yes No Wilt .~ro3ec= ~ffect ~he exis~ing c~mmuuuity by directly causing a growth in permanen~ popula- tion of more =hen 5 percent over a one-year period o__r brave a major ne~a=ive elf ecu on ~ne cP~rac:ar :f ~he conm%miby or neighborhood?.. 15, BREPiRER'S REPRESENTING: 911/78 May 2, 1985 Town Of Southold Town Clerk's Office Southold, N.Y. 11971 This letter is sent to advise you that workhas begun on Wetlands Permit No. 161 filed under application No. 159 filed by Emconsultants, Inc., on behalf of Katherine Fart. Photo of st~_rted work is enclosed. We x~ill notify the tovm clerk when work is completed. Kathrine Fart P.O. Box 568 Greenpoz--t, NY 11944 (516) 477-0124 0 /o ~o P/*' rd= O~-O" ~~~_ H,~,.:3 -_ ~..· 0 .5' I0 ~ULKHEROi FLORTi q" DRED~ /~/G APPENDIL~ · NAME OF pROJECT .S.~ORT ENVIRONMENTAL A.SSE~SME~NT FORM ~STRU~TIONS: (a) In order no answer ~ha questions in this shsrt gAF is iS assumed that ~ra~r w~! uss cu~en~ly a~a~able ~o~ion conce~g the RreJec~ ~ely ~pa~ts ~f ~hs action. I~ is no~ e~ec~sd ~ addi~ion~ studi.s~ or other investigations w~l be ~dert~en. (b) If any question ~s been angered Yes ~he p~Jec~ ~y be si$~icant ~d completed ~viro~en~al Assess~nt Fo~ is neces~, (c) If all questions ~ve been answered NO i$ is l~sly ~: (d) ~viro~en~al Assess~en: 1. ~1 proJec~ res~ ~ a large physic~ c~ge to ~he proJec~ si~e or physically alter more ~n 10 acres of land? · , · · · · · · · · · · ~ Yam ~No, Will there be a major change to any ~ulque or r unusual land fo~T~ found on the site? . · , , · ~ · Ye~ .I NO 3e Will project altar or have a large effect on an existing body of water? , , · , , , · , , · Will project have a potentially large lmpacl~ an groundwater quality? , , , · · , · , . · . . Will project significantly effect drainage flow on adjacent sites? , . , , . · , · · , , · 6. Will project affect any threatened or endangered plant or animal species? , , o . , , · · , · · ?. Will projec= result in a major adverse effect on alr quality? . · · , , · , · · · , · Yea Yes No Yea ~ No Will project have a major effect on visual eha~,- actsr of the community or scenic views or Vis,as known to be lmportan~ ~o the community? . , · .---- Yes .~ No Will praises adversely impac~ any si~e or e~ruc~- ute of historic~ pre-historic, or paleontological mmpor~ance or any site designated as a critical environmental area by a local agency? . . , 10. Will project have a major effect on existing or future recreational opportunities? . . , Will praise: result in major traffic problems or cause a major effect =o existing ~ransportation systems? . . · . . , · · , , · · 11o 12. Will project regularly cause objectionable odors~ noise, glare, vibration: or electrical disturb- ance as a result of the project's opera,ion? . 13, Will project have any impac= on public health or safety? , , , · , · · , , · · · Will projec~ Affect ~he existing community by directly causing a grow~h in permanen~ popula- tion of more than 5 percen% over a one-year period or have a major negauive effec~ on ~he characn~-~ of ~he community or neighborhood?, . rovers¥ concerning ~he project? TITLE: No Yes No Yes Ne 15, Is there pubti PREPARER' S SIGNATURE: REPRESENTING: ~/~/7~ Yes ~ No Yes Ne Yes No No authorize Enconsultants,Inc. to apply for permits on my behalf. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 26, 1990 To: From: Jay Bredemeyer, President Southold Town Trustees Linda Kowalski SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Please find attached copies of our files in the Katherine Farr Matter, which may be similar to a project your department has an interest in. You will see that Judgers Corso's Order was quite unusual, particularly concerning those conditions which we certainly had jurisdiction over (reducing setbacks in the Variance and limiting the mooring uses in the Special Exception). It was just one of those unfortunate quirks. Southo!d Town Board of Appeals MAIN ~OAD STAT£ ROAD 25 SOUTHnLD, L.I., N.Y, 11c~71 TELEPHONE [516~ 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGI..~S$ JOSEPH H. SAWICK! December 4, 1984 Stanley S. Corwin, P.C. First Street Greenport, NY 11944 Re: Appeal No. 3117 and No. 3118 - Dear Mr. Corwin: Kathrine Fart Please find enclosed the decisions in the above matters revised pursuant to Hon. Joseph R. Corso's order. Copies have been furnished to the Planning Board and the Building Inspector. Yours very truly, Enclosures cc: Building Planniq~ .Suffolk County GERARD P. GOEHRINGER CHAIRMAN Inspector Board Planning Commission Southold Town Board of Appeals MAIN Er'lAD- STATE Ri'lAD 25 sr'IUTHaLD, L.I., N.Y, 119'71 TELEPHONE (516) 765-'1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]]8 Application Qated April 14~ 1983 TO: Stanley S. Corwin: P.C. as Attorney for KATHRINE FARR 634 First Street Greenport, NY 11944. [Appellant (s) ] At a Meeting of the above on your the Zoning Board of Appeals held on N0vembed 29, 1984 appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article VIII , Section s ]00-80(B) and 100-8l Request for Upon application for KATHRINE FARR by Stanley S. Corwin, Esq., First Street, Greenport, NY for a Vari'~nce to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and lO0-S1 for permission to construct building for marina and brokerage office in this "C-Light Industrial District," at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. WHEREAS, on October 18, 1984, under Index #84-1556l, Hon. Joseph R. Corso, Justice, Supreme Court, Special Term, of Suffolk County, has ordered that the subject variance be reissued without conditions 5, 6, 8, and 12, and WHEREAS, the remainder of this board's decision rendered June 28, 1984 shall remain in full force and effect pursuant thereto; NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE-ISSUED, WITHOUT CONDITIONS 5, 6~ 8 and 12, as ordered, and re-numbered as follows: I. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guard rail) shall be constructed, not to exceed 30" above ground level, along the front property line to preven~ unsafe exiting onto street, [except that the area for ingress and egress within the "curb cut" remain open]; 3, No fencing along the frynt property line, except chainlink for proper visibility(or otherwise noted in these conditions); 4. No fencing along the north side within) six inches of front property line rail for proper visibility if screening is property line less than (or [except chainlink or guard desired]; 5. (7.) Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 6. (9.) Existing stockade fencing along south line shall be continuously maintained; 7. (10.) No launching (~AONTINUED ON PAGE TWO) TED: December 3, 1984. Form ZB4 (rev. 12/81) ramp shall be built or permitted; CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS 'sJgqmam aq2 [[~ ~o aloA snom[u~un £q pa%dop~ s~M uo~2ntosaJ s[q± '[~o[M~S pug ss~[fnoo 's~uo6[J9 'ua£oo 'Ja6u~Jqao9 'sJssaN :sa£V :pJ~o8 aq~ ~o a~oA 'LZ-90-V£-OOOt 'ON laVaed d~w x~z /~uno3 ~AN '~aoduoaa9 'onua^v ~osu~qu~N 30 op~s ~saM :~gaodoad jo uo!~;~oo] 'u~ao3 'S £aLueIs moa3 ~86[ 'SL aun~ pa%~p mnpu~aomam/aa%~a[ u~ s~o~q -~as lle o~ ~o3uoo lleqS u~a~aq paAoadd~ §u~pl~n~ ('ll) '8 s~uampuatu~/ 1~96l.'_~i~ aaqma^ON ~JtIVJ 3NI~JHJ. V]~ .4.0 8ll£ 'ON L~addv 7. aBed SMITtL ~LNKELSTEIlq, LIT~DI]ERG~ CRIMMINS ~ YAK-~BOSK! October 31, 1984 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Farr v. Southold Town Board of Appeals Dear Gerry: I wherein His Honor takes great exception to the Board sought to impose. enclose herewith Decision in the above matter, the restrictions Enclosure FJY:mo Very/ruly yours, ~~FCIS J. YAKABOSKI SU .P. REME COURT. MEMORANDU _,. $ F OLK COUNTY S ' ECIAL TERM BY ,~C~I~I'~II R. ~, j. S, C. DATED C~c~obe~ 18, 19 84 ~[ndex 984-15561 SJ-J06N In this CPLR Article 78 Proceed/rig, petitioner moves for an order of this Court annulling tha~ portion of a decisio~ rendered by respondent which imposed con- ditic~s 5, 6, 8 and 12 upc~ the/r granting petitic~er's application for a special exceptic~ for a mar~.na az-~ ~r~c~ht-brokerage sales office. .. Petitic~er is the owner of a parcel of vacant property c~ which she seeks to PUtUp a ~n~] b~]~ng for use as an office for ma~ine brokerage sales and for the re~%a~ of yachts, which %z3uld be moored alongside the ~. This appl~catic~ require~ a ,spec4a] except/c~ and a variance frcm the respondent Southold Town Board of l~fciticner seeks to elim/nate only those condltio~s n~ 5, 6, 8, and 12, which read as follow~: "5'. "~No 'boats to be moored parallel %0 e~isting moored boats (no stacking); .6. ' _Acla~tional docking and mooring facilit/es will require an applicatic~ to the Z.B~A. and consideration therefore; 8.': Proposed second s%ory deck at ~st end 'of building shall be reduced (f~-c~t~ 4":;6~"and 10') to2' 6" at the northwest corner, and 5' at the soutbmest corner respectively; . t2.--.~No stDrage of boats other than inside b~d/ngs or mcored in the water." Petitioner ccmt~nds that the afor~mentic~ed cc~dltions are arbitrary, cap- ricious and illegal. Specifically, the condition that "no boats be n~x~red parallel tD existing boats," is deemed discriminatory. Petitioner notes that ~oats are and have been ~oored parallel both to the south and north of the subject property. FA~R~VS SO3THOLD TOWN BOARD OF APPEALS Page 2 Petitic~_r asserts that the ~%rd knew that the adjoining marina, "re~l~ly stacked next to petitioner's property .... and that stacking was cu~,,.on c~ the residential side of the narrow body of water where-c~,~rcisl fiskt~ boats, as well as large private vessels are moored and stacked," Further, it is argued that a careful re~ng of respomdent'$ powers "does not clisclose the power they arrogate t%n~o th~nselves." It is suhnitted that ccnd/tic~ 6 requiring an applicatic~ for "a~tional docking and mooring facilities," is a del/berate att~;~t to /nb3hit petitioner. Petitioner states that for the past two y~rs bu/khem8{ng ~Drk has been done after ~he grant of necessary approval frc~ the Corps of Engineers, the D.E.C., and the Southold .Tcm~ Board. These ~odies have already apprc~ed an extension of the ex/sting bulkhead and the cc~tract which has already been let, constitutes "add/tional dock/rig and mOOring facilities." -' *- l .Petitioner avers that item 8, the reduction of the proposed deck, if adhered t~, would result.in a 'significant safety probl~n and is an arbitrary requ/remm~t. Finmlly~ petitioner c]m~ms t_hat iten 12, "no stOrage of boats other tha~ in- sid~ building or m~ored in watmr," has been previously decided upon. Acoording to ~titio~e~s counsel, a c~x~'~xanise with the Planning Board was reached limiting ~oat s~orage to' vessels of a given max/mum length. l~ts argue that they essentially granted all of petitic~_r's requests as 3far as' m-~r!~nces ~nd special ~erm/t uses are concerned. Respondent ~oints out that this tr~zzL~r parcel is under 3,800 square feat and the min/mum lot size for a parcel in District C-Light Industry Zone is 40,000 square feet with a required lot width of 200 feet..--~In light of the location of the parcel; its shape and area; and in light of the surrcund/ng area; the res~*.nts argue that the conditions irmposed were entirely reasonable. Since a zoning board is given discretion in granting or denying of variances, the Court's function is limited and Board determination ~ay not be set aside in absence of illegality, arbitrariness, or abuse of discretion. _Muller v Williams , 88 A.D. 2d Page 3 725, 451 N.Y.S. 2d 278. The Board's de~%inatic~ will be sustained if it has a rational b~ and is supported by substantial evidence. Matter of National Merritt V Wiest, .41 N.Y. 2d 438, 393 N.Y.So 2d 379. ~. In the present case, respondents have failed tD demonstrate any ra~ _~nal basis for the ~mposition of the four conditions enLraerated above. Accord/ngly, these'four condltic~s with/n 10 days after rece/pt of a copy of this judgment with This constitutes the judgment of the Court pursuant to CPLR 7806. judgment need be suhnitt~d or ant~red. Pa~'e 2 - Appeal No. 3118 Matter of K~ATHRI. NE F.AR.R Decision Rendered June 28, 1984 4. No fencing along the north side property line less than within) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; .~]Y,~ /5. No boats to be moo~ed parallel ~(no/stacking); ~ 6. Additional docking and mooring application to the ZBA and consideration to existing moored boats facilities will require therefore; (or an 7. Proposed future construction or changes requires approval bY the ZBA before a building permit is to be issued; _j ~-~8. Proposed second-story deck at west end of building shall ~ be reduced (from 4'6" and 10') to 2'6" at the northwest corner and ~ 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be con- tinuously ~aint~ined; 10. No launching ramp shall be built or permitted; ll. Building approved herein shall conform to all setbacks in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C.; )~?~ 12. No storage o~ boats other than inside building or moored water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax MaP Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by a unanimous vote of all the members present. Attached hereto as Page 4 is a copy of the letter/memorandum dated June 18, 1984 ~,rom Stanley S. Corwin, P.C. (reference made in Condition No. 11, supra). SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK KATHRINE FARR, Petitioner, -against - SOUTHOLD TOWN BOARD OF APPEALS, Respondent. Index No. 84- NOTICE OF PETITION PLEASE TAKE NOTICE that upon the annexed ~etltion of Kathrine Fart, verified the //~Y day of August, 1984, the undersigned will move this Court at a Special Term, Part I thereof to be held at the County Courthouse, Riverhead, New York, on the 31st day of August, 1984 at 9:30 o'clock in the forenoon or as soon thereafter as counsel can be heard for a judgment granting the relief demanded in the petition. PLEASE TAKE FURTHER NOTICE that respondent's return, shall be served answer and supporting affidavits, if any, at least five days before such date. Dated: August 7 , 1984 STANLEY S. CORWIN, P.C. Attorney for Petitioner Office and P.O. Address 634 First Street, P.O. Box C Greenport, New York 11944 (516) 477-0031 SUPREME COURT OF THE STATE OF NEW 'YORK COUNTY OF SUFFOLK KATHRINE FARR, Petitioner, - against - SOUTHOLD TOWN BOARD OF APPEALS, Respondent, TO THE SUPREME COURT OF THE STATE OF NEW YORK The petition of Index No. 84- PETITION Kathrine Fart respectfully shows to the Court: 1. Petitioner is a resident of the Towh of Southold~ Suffolk County, New York, and the owner of a parcel of vacant property on the east side of Manhanset Avenue at Greenport in said town. 2. 'The use of said land under the zoning law of the town and a variance from the application thereof is the subject of this proceeding. 3~ Attached hereto as Exhibit A is a survey of petitioner's proper.ry. [The exhibit is a xerox reduced copy: therefore the scale is not accurate, although the propostions are.] 4. The respondents Southold Town Board of Appeals is an appointed administrative bbdy within the government of the town of .Southold; the members'are Gerard P. Goehringer, chairman, and Charles Grigonis, Jr., Serge Doyen, Jr., Robert' O. Douglass and Joseph H. Sawicki. 5. Chapter 100 of the Code of the Town of Southold is the Zoning 7:' law of the town, of which the Court is as ked to take judicial notice. [ A · copy will be handed up to the Court on tAe return of the m~tion. 6. The premises of petitioner are in the C Light Industrial D[strict .... ?. The only uses permitted in the C Light Indust~-ial District without the approval of two appointive administrative boards of the lown are, tp quote the statute, "Any permitted uses set forth in(.and as regulated by, the following provisions of this chapter: (a) Subsection At2) and (3) of § 100-30." 8. Such permitted uses are (1) specified "commercial agricultural operations and accessory uses ti~ereto" (wifl~ certain provisions and ex- ceptions) including, subject to a number of special requirements (a) "the raising of field and garden crops, vineyard and orchard farming, the maintenance ~)f nurseries and the ~easonal sale of .products thereof in buildll~gs x x x", "the keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots o~f ten (10) acres or more", (c) [b]arns, stor- age buildings, greenl~ouses (including plastic covered) ,n~nd other related structures x x ~'" and (2) "[b]uildlngs, structures and uses owned and oder- ated by the Town of Southold." It is apparcnt that petitioners property is not suited to any of thc normally permitted uses in a C district. 9. I-Ioweve~-, the statute provides that 16 enumerated uses map be permitted in such a district, vtz.: B. Uses permitted by special exception by the Board of Appeals. as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (1} Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other proqessing, handling or storaga of products or materials, involving the use of only oil, gas or elec. tricity for fuel. {2} Research, design and development laboratories; office buildings. {3} Wholesale s~orage and warehousing. (4} Building contractors' yards. (5l Public utility structures and uses. Newspaper and printing establishments. {7} Bus and truck terminals Igarages, parking facilities, loading docks, {81 Food processing and packaging plants. (9l Marinas for the docking and mooring of all types of boats." (10) Leunchlng facilities. (lf) Ferry terminals. (121 Yacht clubs; charter fishing docks. (13l Eating and drinking establishments. (141 Re,ail sales of boats and marine items. (151 Boat building; boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel and building materials. "by special exception by the Board of Appeals x x x subject to site plan . approval by the Plann£ng Board in accordance ~vith Article XIII .->x x x" with the caveat that noi~".bu,ldmg' ' or premises shall be used and no building ing or part thereof shall be erected or altered in the C Light Industrial District unless the same conforms with the Bulk and Parking Schedule Incorporated in this chapter by reference with the same force and effect as if such regulations were set forth herein in full." Such schedule follows: 10. Article i~II, [100-121 C of Chapter 100 confers on the Board of appeals the following powers C. Special exceptions, special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appedls shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use aad its location within the district m which this chapter specifies the permitted use may be located, subject, however, to the following: fl} Before such approval shall be given, the Board of Appeals shall determine: ia~ That the use will not prevent the orderly and reasonable use of adjacent properties or of prop- erties in adjacent use districts: {bi That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses m adjacent use districts; lc} That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affect~J by the proposed use and i~s location; and (d} That the use will be in harmony with and promote the general purposes and intent of this chapter. (2} In making such detarmination, the Board of Appeals shall also give consideration, among other things, to: Iai The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses: lb) The conservation of property values and the encouragement of the most appropriate uses of land; lc) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways: (d) The availability of adequate and proper public or private water supply and facilities [or ~l~e treatment, removal or discharge of sewage, refuse or other effluent Iwhether liquid, solid, gaseous or otherwise~ that may be caused or created by or as a result of the use: (e} Whether the use or the materials incidental thereto or produced thereby ma)' give off ob- noxious gases, odors, smoke or soot: (f) Whether the use will cause disturbing emissions of electrical discharges, dust. light, vibration or noise: (gl Whether the operation in pursuance of the use wfll cause undue interference with tile orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies: Ihl The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles in- cidental to the use. and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located: Whether a hazard to life. limb or property because of fire. flood, erosion or panic may be created by reason of or as a result of the use. or by the structures to be used therefor, or by the inac- cessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot: iii Whether the use or the structures to be usea therefor will cause an overcrowding of land or uudue concentration of population: Ikl Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof: and Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. 11. The provisions of the statute having to do with site plan approval by the respondent~are set forth in Article XIII, follow- ing: ARTICLE XIII Site Plan Approval § I00-130. General requirement. In all cases where this chapter requires approval of site development~ plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authoriza- tion of aad in conformity with the plans approved by the Planning Bnard. ~j lfl0-1:ll. Objectives. In considering and acting upon site development plan~, the Planning Board shalt take into consideration the public health. safety and.welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and .may. prescribe appropriate conditions and safeguards as may be required in order that the result of its action may. to the maximum extent possible, further the expressed intent of Lhis chap;er and the accomplishment of the following objectives in particular: A. Traffic access. That all proposed traffic accessways are adequate hut not excessive in number; adequate in width. grade, alignment` and visibility; hOC located too near street corners or other places of public assembly; and other similar safety considerations. B. Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system ts adequaLe to provide safe accessihilky to all required off- street parking lots. C. Landscaping and screening. That all playground, parking and service areas are reasonably screened at. all seasons nI the year from the view of adjacent residential lots and streets, and that the general landscaping of the site ~s in character with that generally prevailing in the neigh- borhood. Existing trees over eight (81 inches in diameter measured three (3} feetabove the base of Lhe trunk shall be retained to the maximum extent possible. § [00-132. Effect of approval. A. No building permit shall be issued for any structure covered by this Article ~antil an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and ' presented to the Building Inspector. t B. No certificate of occupancy will be issued for any structure or use ~f land covered by this Article unless the structure is completed or the land i~ developed or used in accordance with an approved site development plan or approved amendment of any such plan. C. Should any site plan approval involve any matter ~:equiring referral to the Suffolk County Planning Commission, then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Com- mission in accordance with the applicable provisions of law. § 100-133. proct, dure. A. PresuhmissiOn conference. Prior to the submission of a site developmt, nt plan, the applicant Or his agent shall meet with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provi.sions and intent of this chapter. B. Within s~ {6} months following the presuhmission con- ference, the site development, plan and any related in- formation shall be submitted to the Building Inspector, in triplicate, at least fifteen {15) days prier to the Planning Board meeting at which approval is requested. If not submitted within this six (61 months' period, another presubmission conference may be required. C. The Building Inspector shall certify on each site development plan or amendment whether or not the plan meets the requirements of all Zoning Ordinance provisions other than those of this Article regarding site develop- ment plan approval. D. The Building Inspector shall retain one il) copy and transmit two (2} copies of the certified site development plan to the Secretary of the Planning Board at least seven {7} days prior to the Planning Board meeting at which approval is requested. E. The Planning Board shall act to approve or disapprove any such site development plan within ninety (90~ days after the lneeting at which approval is requested. Failure to act. within ninety (90} days shall be deemed approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the ap- plication, the Planning Board may secure the advice or assistance of one ( 1 ) or more expert consultante qualified to advise as to whether a proposed use will conform to the requirements of thi~ chapter. The assistance of a con- sultant, if sought, must be obtained within ten { 10} days of the receipt of the application. Such consultant shall report within thirty 130) days-after receipt of such requesl as to whether or not the use applied for will be iii conformance u~;th tho nerformance st.~ndards and. if not, what ~ furni~h~ to the Plann:n~ i3oard. [~uilding ln~p~'ctor and applicant. Amendments to a ske development plan shall bc ,acted ~pon [n the same manner as the approvM of the or]l;inal plan. The Planning Board may require that site plan approval be periodically reviewed. 12. Pursuant to the statute petitioner applied on April 14, 1983 ~or a Building Inspector's approval of a proposed use and building; the application was denied. Thereupon petitioner applied to the Zoning Board of Appeals for a,special exception, and for a variance on other grounds. Due notice of the application was given to the adjoining property~ owners. 13. On April 29, 1983 the chairman of the Zoning Board of Appeals wrote a letter to petitioner: a copy is attached as Exhibit B. 14. Thereupon petitioner filed a proposed site plan with the Planning Board and after revisions were made following an informal conference with the chairman of that board a pre- submission conference was held. 15, Subsequently, on July 25, 1983 the Planning Board adopted a resolution which was communicated to, petitioner's attorney by a letter dated July 26, 1983, a copy of'which is annexed as Exhibit G. 16. The use ~etitioner sought was yacht rental and marine brokerage. As Exhibit A shows petitioner enjoys over 186 feet of waterfront, some 153 of which is substantially bulkheaded. o 17. bulkhead from time to of a small office and to comply with federal Such use involves mooring sailing yachts to the time and the erection on the property storage building necessarily elevated floodplain area regulations. 18. Such use is not in any sense a generator of traffic or any other conditions significantly affecting the health, safety, welfare .and morals of the people of Southold Town. -It ~ould obviously be economically unfeasible to use the property for a permitted use without a special exception, but if such a use were engaged in it would.doubtless have a far greater adverse effect than the requested use. 19. Believing that under the circumstances the statute is unconstitutional as to petitioner's property and that the determination of the Planning Board was, among other things, arbitrary and capricious, petitioner brought an Article 78 proceeding, against the Planning Board. Settlement conferences resulted in the Planning Board's adoption of a resolution, a copy of which is attached as Exhibit D. 20. Thereupon, petitioner renewed her application to respondent for (a) the special exception and (b) variances. 21. On July 21, 1984, starting a thirty-day statute of limitations, respondent filed with the Southold Town Clerk, its determiniation with respect to the variance application and the following day it filed its determination with regard to the special exception. Attached hereto as Exhibit E is the respondent's determination as to the variance; Exhibit F is its determination as to the special exception. !0. 22. In both determinations items 5, 6, 8 and 12 of the conditions are arbitrary and capricious, constitute an abuse of discretion, made in violation of lawful procedure, affected by error in law and are otherwise illegal and unconstitutional. 23. On July 11, 1978 and on the basis of information then available petitioner's attorney wrote to.the respondent about the objectionable conditions. A copy of such letter ia attached as Exhibit'G. 24. The respondent's response to that letter was to afford petitioner's attorney five minutes to make an oral presentation to the Board on the occasion of its next scheduled public hearings meeting; the opportunity to do so was taken, but the respondent has not reacted and petitioner's time to ta.ke action is about to expire. WHEREFORE, petitioner demands judgment directing respondent to modify its variance and special exception determination by eliminating from the imposed conditions in each case numbers 5, 6, 8 and 12, and for such other, further or different relief as to the Court may seem just and proper. STANLEY S. CORWIN, P.C. Attorney for Petitioner Office and P.O. Address 634 First Street, P.O. Box Greenport, N.Y. 11944 (516) 477-0031 C 11. Jl \ II ° Southold Town Boapeals MAIN RDAD- STATE EDAD 25 ~ , L .... Y. 11971 TELEPHONE (516) 765-1~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR, SERGE DOYEN. JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenpor~, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District Dear Ms. Fart: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118, be held in abeyance pending receipt of the follow- ing: (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concernIng this site plan. Please let your proposals. to call. us know when the_Planning Board has acted upon If you have any questions, please don't hesitate Yours very truly, lk cc: Planning Board Building Department GERAPJ3 P. GOEHRINGER HENRY E. RAYNOR, Jr., ~ JAIdES WALL BENNETT ORLOWSKI, Ir. GEORGE RITCHIE LATHAM, Jn WILLIAM ~. MULLEN, Jr. P D T D 3outhold, N.Y. 11971 December 9, 1983 TELEPHONI~ ?65-19~ Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the 1983, from Edward F. Hindermann, relative for site plan certification; and Planning Board dated October 26, to the Planning Board's request WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the applicant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Fart, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Tovrn Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of ~anhanset Avenue, Greenport, New York. Stanley Corwin, Esq. -2- December RE: Kathrine Farr - Site Plan 9, 1983 The Applicant, Kathrine Farr, obtaining from the Southold Town ZoDJ_ng Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the pramises. After receipt of both the required Special Exception and Variance from ~the Southold Town zoning Board of Appeals, the Applicant will submit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning "Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Propesed fincing along Manhanset Avenue and adjoining property to the south. m In addition, th~Applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form- to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storageof fuel on the pr~mises. (b) No hauling of boats from the premises. (c) 'No outside storage. (d) No repair of boats outside of chartered boats orb oats owned by tim~pplicant. (e) No more than five (5) boats shall be docked on the property at any one time. (f) Ingress and egress to the property from Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sales on the premises. Stahley Cbrwin, Esq. ~ RE: Kathrine FArr - Site Plan -3- ~ December 9, 1983 (h) No stonnwater runoff resulting frc~ the construction of the office building and parking area shall be dis- charged on to ~nhanset Avenue. (i) Oa~liance with Suffolk County Department of Health Service requir~_nts and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above it~ns to our office. ~en the above conditions have been met, the'~ir~an will endorse approval; two copies will be returned to your office. Very truly yours, (S) Henry E. Raynor, Jr., Chairman Southold Town Planning Board cc: Geranrd Pl. Goehringer, C~innan Southold T~n ZoningBoard of Appeals HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATH,SM, Jn WILL/AM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 July 26, 1983 Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: After an on site field inspection and discussion of same at our meeting, July 25, 1983, the following action was taken. RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. cc: Zoning Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Board of Appeals SOuthold To Bo d f Appe Is ( Wll al' 0 a MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 119']1 TELEPHONE (516] 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]]8 Application 'Dated April 14, ]983 (Plannin9 Board action 3/30/84) TO: Stanley S. C0rwin, Esq. [Appellant(s')] as attorney for'KATHRINE'FARR 634 First Street Greenport, NY 11944 (ZBA Public Hearing 5/17/84) At a Meeting of the above on your the Zoning Board of Appeals held on June '28, 1'984, appeal was considered, and the action indicated below was taken [ ] Request fo~ Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance · Article ~ Section IX ] Request for Variance to the Zoning Ordinance Article VIII, Sections ]00-80(B) and ]00-8] [ ] Request for Upon application for KATHRINE'FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Variance' to the Zoning Ordinance, Article VIII, Sections lO0-80[B) and 100-81, for permission to construct build- 4ng for marina office in this "C-Light Industrial" District, at llO0 Man,anser Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034- 05-021 .................. .. The board made the following findings and determination: By this appeal, applicant seeks variances to the provisions of Article VIII, Sections 100-80(B)[9](14) and 100-81, of the Zoning Code, for approval of the proposed insufficient front and rear yard setbacks required ]na "C-Light" Industrial Zoning District, for a principal building. These provisions require a minimum 50' front- yard setback and a minimum 50' rearyard setback. Applicant proposes a two-story building for a marina office with accessory storage of 16' by 20' and a three-foot covered walk-up on the north side, and an upper deck of a size 4!6" at its narrowest width and 10' at its wider edge, with little or no setback distance from the bulkhead along the rear line. Eliminating this deck area, it appears the building will be setback 4'6" at its northwest end and 10' at its southwest end. From the front property line, the building appears to be set back not less than 12 feet at its nearest point. Th~ parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3,78D sq. ft. with 132.76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young, revised May 23, 1983. This parcel' is identified on the Suffolk County Tax Map as District 1000, Section .034, Block 05~ Lot 021, and was conveyed to the applicant on 'December ll, 1981 at Liber 9152 page 392. The premises is vacant land. It is noted for the record that on March 30, 1984, action was taken with conditions by the Southold Town Planning Board con- cerning this property and subject to receiving a site plan in final form, showing: {a) The location and size of the proposed office building '(CONTINUED ON PAGE TWO) DATED: Form ZB4 July ll, 1984. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS P~g'e 2 :'Appeal.No...31..(~. Matte~ of'KATHRINE FARRZ Decision Rendered 'd~ne' 28,. 1984 approved by the Zoning Board of Appeals; (b) Suitable ~arking for .~e cars wi th minimum length and width requirements as reqqjred 'by the Southold Town Zoq.!ng. Code in the area as may be approved bY the Southold Town Zoning Board of Appeals; (c) Proposed fencing .along Manhanset Avenue and the adjoining property to the sou,.h; (d) Proposed ingress and egress to the property from Manhanset Avenue within 40 feet.pf the southeast corner_pf..the premises. The Planning Boa~ has also required that Covenants and Restrictions be prepare~ in recordable form_prior to their granting of the .final site plan which would i.~clude Items (a) through (k) o? ~bat board's March 30, '1984 actign. It i's noted, however, 'that this board in making this decision may impose.condit.ions mot6 stringent than that of the Planning Board, particularly Items. 4(c), (d),"(e.),' (f), 'for purposes q~..better traffiq_vi_s.ibili'ty, 'boat accessibi.li~y, '~af~ aq~ proper manuever- abi.lity, 'convenience, parking, 'et cetera. ~he members of (his b~rd are familiar with the property in question as well 'as the surrounding.~.rop~rties. All ~e~s~.imo'~y .~eceived at the public hearing helj_~a~..17, 1984 qy this board has been taken i. pt~_.consider~.~io~;'. Oppq~iti_~n ~oncerning this application has not been Submitted fqr the record since ~he filing ~o~ .this application. It'~i'~ also noted for the record that a Special Exception appli- cation under ~ppeal No. 3.1~7 has been simultaneously filed with the subject a~p]ic~tiQo, .~nd for which deliberations are pending' - with t~is board_ as of this d~te, In considering this appeal, the board determines: (a) that the relief requested is substantial in relation to the requirements of the Zoning Code, Bulk Schedule; however, the difficulty cannot be obviated by some m~thod feasible for the applicant to.pursue other than a.yariance; (~.) tha~ by the granting of the relief requested,~no substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties since premises on the south has similar circumstances; .(c) that no adverse effects will be produced on available govern- mental facilities of any increased population if the variance is allowed; (d) that the interests of justice will be served by al.lowing.the variance; and (e) that the variance as granted w~i.ll be. in harmony with the general purposes of zoning. Accordingly, on motion 'by Mr. Douglass, seconded by Mr: Sawicki, it RESOLVED, that the application for'KATHRINE'FARR in Appeal No. 2117', for permission t~. construct..16'~b~'2Q'~ p~.ncip.al buil.d- i~g with.a..3'.covered walk~up at the northerly.side to the second floQr, BE ANDHEREBY'IS'APPROVE~-'SUBJECT~'TO. . . .... . .. T~E~O~LOWING'CONDiTi~NS:, . . .. 1. No lighting th~will be adverse to ne'ighboring uses; 2. A railing or barrier no~ to exceed 30" 9bove ground to prevent unsafe exiting onto egress and ingress within the (guide rail) shall be constructed, level, aloDg the_ front property line street, .[except ~hat the area for "curb cut" remain open]; 3. No fencing along the front for proper visibili'ty.{oK, otherwise property line, except chai.nlink noted in ~hese conditions); '.(CONTINUED 'ON 'PAGE '~HRE.E) Pagd 3 -'Appeal No. 311~ M.attem of KATHRINE FARR Decision ~.ndered June 28, 1984 4. No fencing along the north side property line less than within) six.'inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; ~5. No boats to be moored parallel to existing moored boats (no stacking); ~ 6. Additional docking and mooring facilities will require an application to the ZBA and consideration therefore; (ol~ 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; ~ 8. Proposed second-story deck at west end of building shall be reduced (from 4'6" and 10') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing.along south line shall be con- tinuously ~aintained; 10, No launching ramp shall be built or permitted; ll. Building approved herein shall conform to all setbacks in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C.; ~/12. No storage of boats other than inside building or moored in water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by a unanimous vote of all the members present. Attached hereto as Page 4 is a copy of the June 18, 1984 from Stanley S. Corwin, P.C. Condition No. 1], supra). letter/memorandum dated (reference made in GERARD P. GOEHP, INGERJCHAIR'MAN July 12, 1984 Page 4 - Appeal No. 311yiL Matter of KATHRINE FARtk De~ision Rendered June 28, 1984 (Reference Use, Condition No. ll) STANLEY S. CORX~/IN, P.C. l oard of ppeal own of Southold MEMORANDUM To: From: ire: Date: Southold Town Board of Appeals: attn. M_rs. Stanley S. Corwin Fart application June 18, 1984 Kowalski I do hope this memorandum and the attachment will serve to resolve any questions that may remain about this application. If, however, in som, e respect it is insufficient, please let me know and I'll try to sup- ply anythihg ..that may be needed. 1. It is proposed to place the bullding on the property as shown on the attached site plan. of which 5 copies are enclosed. The scale is 1 inch equals 8 feet. This site pl~ua is one of a number submitted to the Plan- ning Board and is not a final approved plan. It does. however, reflect the build%ng location. .T, The bu/ldhug proper is 16x20 with a 3' covered walk-up on the no~;th side. The floor plan and elevations of the building will be as sub- sta~tially submitted previously to the building inspector, copies of which you have. While we are in the flood plain the applicant would like to have a slab at ground level, and room to park a car under the usable floor space. It is out'belief the subsoil conditions will permit placing the building fairly precisely as shown. It will be on deep-set piles, however, and we would like a foot latitude either way. 2. There seems to have been some question about a division of office space in terms of proposed uses. As a practical matter the applicant considers, the marina (yacht rental) use and the marine brokerage use as one entity. We simply cannot set aside any given area or make specific lines of demarcation. The uses intermingle, interchange, overlap. 3. The set-back from the road would be not less than 12' nor more than 14'; the set-back from the outside of the bulkhead would be between 3'6" and 5'6" on the northerly end and between 9' and 11' on the souther- ly end. Please associate this memo and the site plan with e as part, of the ! A Southold Town Board of'Appeals MAIN ROAD- STATE ROAD 25 ¢:::OUTHI3LD, L.I., N,Y. 11971 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]]7 Application Dated April 14, 1983 (Planning Board action TO: Stanley S. C0rwin, P.C. as attorney for KATHRINE FARR 634 First Street Greenport, NY ll944 3/30/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 3, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a IX] Request for Special Exception under the Zoning Ordinance Article VIII , Sections ]00-80(B)[9][]4] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Upon application for KATHRINE FARR by S. S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning ~rdinance, Article VIII, Sections lO0-80[B) and lO0-81 for permis- sion to construct building for marina and brokerage office use in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-03~-05~021. The board made the following findings and determination: This is an application for a Special Exception to the Zoning Ordinance under Article VIII, Section 100-80(B)[9][12]i which provides for marinas for the docking and mooring of boats and retail sales of boats and marine items. Applicant is requesting a "yacht brokerage" and marina/marina-office use, and outside storage is not being sought. Applicant states that the yacht. brokerage business involves "inside" office activities for the boat sa]es, frequently by telephone. This use is proposed within the two-story principal building, as shown on the filed site plan, of 16' by 20' in size and a three-foot covered walk-up on the north side, as more particularly described and approved in the area variance granted by this board on June 28 1984 in Appeal No. 3118. ' The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3,750 sq. ft. with 132.76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young, revised May 23, 1983. This parcel is identified on the Suffolk County Tax Map as District lO00, Section 034, Block 05, Lot 021, and was conveyed to the applicant on Dece'mber Il, 1981 at kiber 9152 page 392 The premises is vacant ]and. ' It is noted for the record that on March 30, 1984, action was taken with conditions by the Southold Town Planning Board concerning this property and subject to receiving a site plan in final form, showing: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals; Suitable parking for five cars with minimum lengt~ and DATED: 0uly 13, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING OF APPEALS BOARD Pa~e' 2 -'Appeal No. 3lC C Matter. for KATHRINE FARR (Special Exception) Decision Rendered July 3, 1984 width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals; (c) Proposed fencing along Manhanset Avenue and the adjoin- ing property to the south~ (d) Proposed ingress and egress to the property from Man- hanset Avenue within 40 feet of the southeast corner of the premises. The Planning Board has also required be prepared in recordable form prior site plan which would include Items March 30, 1984 action. that Covenants and Restrictions to their granting of the final (a) through (k) of that board's It is noted, however, that the conditions imposed by this board may be more stringent in order to provide for petter visibil- ity, safe and proper manueverability, unobstructed boat accessibility, convenience, parking, et cetera. The members of this board are familiar with the property in question as well as the surrounding properties. All testimony received at the public hearing held May 17, 1984 by this board has been taken into consideration. Opposition concerning this application has not been submitted for the record since the filing of this application. It is also noted for the record that the premises in question was the subject, of a prior appeal, No. 3118, for area variances of the principal building, and a decision has been rendered by this board June 28, 1984, filed with the Town Clerk July 12, 1984. In considering this application, the board has determined: (1) that this use of the land in question is in the board's opinion within the definition of the uses listed under Article VIII, Section lO0-80[B); (2) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; (4) that the use will be in harmony with and promote the general purposes and intent of zoning. In passing upon this considered items (a) through of the Zoning Code. application, the board has also (1) of Article XII, Section 100-121(C)[2] Accordiggly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application for KATHRINE FARR for a Special Exception for a marina and yacht-brokerage s~les office, BE AND HEREBY IS APPROVED SUBJECT'TO THE FOLLOWING CONDITIONS: 1. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guide rail) shall be constructed, not.to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that.the area for egress and ingress within the "curb cut" remain open]; 3. No fencing along the front property line, except c'hain- link for proper visibility (or otherwise noted in these conditions);. 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; 5. No boats to be moored parallel to existing moored boats (no stacking); 6. Additional docking and mooring facilities will require Page 3.- Appeal No. 311! Matter for KATHRINE FARR (Special Decision Rendered July 3, 1984 Exception) an application to the ZBA and consideration therefore; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 8. Proposed second-story deck at west end of building shall be reduced (from 4'6" and 10') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be continuously maintained; 10. No launching ra,mp shall be built or permitted; ll. Building location as approved under Appeal No. 3117 shall conform to the setbacks mentioned in the letter/memorandum dated June 18, t984 from Stanley S. Corwin, P.C. (or as stipulated by conditions/actions taken concerning this project, whichever is more restrictive); 12. No storage of boats other than inside building or moored in the water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21, Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sa~icki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. P~CEIVED AND FILED BY THE SOUTHOLD TOWN CT.~.~K otm Town Clerk, Town of SoutR61d /'GERARD P. G(~£HRING~R~ CHAIRMAN /July 13, 1984 / / STANLEY S. COR~rIN~ P. C. ~4 .FIRST STR~I1T July 11, 1984 Board of Appeals Town Hall Southold, N. Yi Re: Applications of F~rr Gentlemen Reference is made to the action you took with regard to the Fart use and variance applications, and particularly to the conditions which you imposed. Please regard this letter as an application for your re-consideration and for an informal sit-down session with the board to afford us an opportunity to state our position. This request is made in the light of the action already taken by both the Plan/ling Board and the Town Board. Take item [6], for example. We already have Town Board approval to complete the bulk, heading, some 33 feet, and install a dock like the existing one. As I write this letter boats are moored parallel both to the south and north of our property (the north side is residential). Item 5 discrimin- ates and is for that reason and otherwise objectionable. Finally, the provision you made for storage is at variance with what the Planning Board dic~ and we want clarification of item [8]. We believe this request is not unreasonable and look forward to your favorable consideration. Stanley S. Corwin cc KF. RL ~'~ TOWN OF SOUTMOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....~../,&8. ~.. .......... .TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellani Street and Number Orient NY ...................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..(.n~.ne...~,ho.~q~,..~ ....... DATED ........... ?. ./. .!. . E /. . .8. .2. ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO Kathrine Farr ~ N-azr~ ~f Applicant for ~ejrrUt . . . aox DO~ ~re~nport, mztmazlz')~ addres? of ....... .3...7..2.. ,2.0.,, ..M., .a..i...n.,..R...o...a..d. i,.,, .0.~.~.~. lO.t., ,,, ~..~...ChD.~.e.., ad ~ ~,a s, Street and Number Municipality State ( ) PERMIT TO USE (X) PERMIT FOR OCCUPANCY (X) Proposed use. ~f. existi.ng par~cel ~as p~remi~s?s fo~r marina & brokerage ap roval from Pla ~n ~ a d. . . , . 1LOC~DflON OF THE PROPrietY Street Use District on Zoning Mop ...~ .0,, .0..0,..-. ~).~. ~ ............. .b., .]u..o., .~.~., .0. ~ ............. .0..~ .1. Moo No. Lot No. 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- sectiom and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance ) Art. VIII SEC !00-0 3(9) 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 o~ the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ............................................................... PREVIOUS APPEAL A ~rev~ous appec{ (has) (has not) been mode with respect to this decision REASON FOR APPEAL ~ ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance (X) We request permission to use property as a marina for docking an is requeste~ror~mOmOringtne reasonO:~morall types of boats; & for yacht brokerage. Proposed use of premises for marina & brokerage requires special exception from ZoningBoard of Appeals & Site nlan approval from Planning Board, Art. VIII Sec 100-80 B (9) (l~) Proposed building does not meet r_equired front & rear yards required for "C" Dist. Ar~. VIII Sec. 100 81 Bulk Schedule Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ser,, HARDSHIP because We cannot make any legal use of property because of size of lot. Property is an existing parcel, 2 The hardship created is UNIQUE and is not snarea by ali properties alike in the immediate v~cm~t, of this propert~ and in this use district because pareels in the v±oinity a~e of sufficient size to permit erection of buildings~ 3 The variance would observe the soirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because proposed use wouZd be ±n sonfoz~±ty with adjacent uses~ SS Signature Sworn to this .................... (.[......' ............ BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 May 3, 1985 Mr. Roy L. Haje En-Consultants, Inc. 64 North Main Street Southampton, New York 11968 Re: Katherine Farr Permit 1686 Dear Roy: Your recent request to permit has been reviewed at May 1, 1985. extend the above referenced the Trustee meeting held on Your request has been approved by resolution, adopted at this meeting, for a period of six months and therefore expires on March 28, 1984. Whereas this extention does not validate Mrs'. Farr's permit, reapplication will be necessary for the project. Very truly yours, ith, President Board of Town Trustees HPS:ip cc: Trustees/ Town Clerk/ File u-/ Bldg. Dept./ MEETING - MAY 1, 1985 Please find attached a request for an extention (one Year) on the permit issued to Katherine Farr on Sep.tember 28, 1983. In addition to your approval, if given, the Town Board will have to approve the extention on the wetland application for the project. How would you like to proceed? PLEASE NOTE, I HAVE TRANSMITTED THE ORIGIONAL LETTER TO THE TOWN CLERK, WHO WILL AWAIT THE TRUSTEES DECISION ON THE REQUEST, SEEING THAT THE TRUSTEES DO HAVE THE JURISDICTION IN THE MATTER. EN-CONSUL TANTS, INC. 64 NORTH MAIN STREET, SOUTHAMPTON, NEW YORK 11968 April 16, 1985 ENVJRONMENTA~ SE~WCES 5!6-283-6360 Town of Southold Town Clerk's Office Southold, New York 11971 Re: Katherine Farr Dear Sirs: The pe~it referenced above will expire on May 8, 1985. Due to various delays, the work has not yet been completed. Would you, therefore, extend the pe~it for at least one year. Thank you for your cooperation. S i~cer ely, Roy L. Haje P~LH: ps BOARD OF TOWN TRUSTEES TOWN OF $OLrFHOLD Town Hall, 53095 Main Road P.O. Box 725 Southold, New York 11971 TELEPHONE · '(516) 765-1892 April 17, 1985 Mr. Roy L. Haje, President En-Consultants, Inc. 64 North Main Street Southampton, New York 11968 Re: Katherine Fart Trustee Permit 1686 Dear Roy: The Board of Trustees are in receipt letter dated April 16, 1985 requesting an on the permit for Katherine Fart. of your extention Please be advised that this matter will be discussed at the Boards regular meeting to be held on May t, 1985. I will advise you of the Boards decision after that date. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene PfifferTin~v Secretary to Board cc: Trustees File JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765~1801 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: May 8, ,1984: Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project, which is unlisted will not have a significant effect on the environment. DESCRIPTION OF ACTION Application of Enconsultants, Inc., on behalf of Katherine Fart, for :a Wetland Permit ~o construct timber buIkhead, install float in front of proposed bulkhead, and dredge in front of the bulkhead and place spoil on adjacent upland'as backfill for.the bulkhead, on Sterling Creek, on the west side of Manhanset Avenue, Greenport, A~w York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planted. Because there has been a response from the Board of Southold Town Trustees and Southold Town Conservation Advisory Council indicating that this project would not have a significant effect to the environment. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department, it is assumed that there are no objections nor comments from those agencies. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Southold Town Trustees~'~ Southold Town Conservation Advisory Council Town Clerk's Bulletin Board Enconsultants~ Inc.~ on behalf of Katherine Farr ALL DCCi~ A}~D BU~ZqEADS blUST DISPLAY VisiBLE Of :outnold l own Trustees SOUT~OLD, ~V4 YORK DATE: ...S.~.E~.: ._2...8..,.. 19E ISSUED TO Katherine Fart Pursuanf fo fha provisions of Chaplet 6lB of fha Laws of fha Sfafe of New York, t893; and Oho=for 404 of fhe Laws of fha Sfafe of New York 1°,52; and fha SoufhoId Town Ordinance en- 'rifled "REGULATING AND THE PLACING OF- OBSTRUCTIONS IN AND ON TOWN WATERS AND PUEUC LANDS and REMOVAL OF BAND, GRAVEL OR OTH?, MATERIALS. FROM -. LANDS UNDER TOWN WATERS;" and in accordance wifh Reso[uflon of The Board adoofed afa meeting held on ..S_e.~..t...,....l_..3.., 19......8_9., and in consideration of ,*he sum of $.......1...5_.......0..0 .' .. paid by EnrConsultants, Inc. for Katherine of .._._G....r..e__e...n. io_o._r...t.. .................................................. i N. Y. and subiec~ %o Terms and Condffions Iisfed on '~he reverse side hereof, of Sournc[d Town Trus,ees aufnonzes and ~erm~rs fha fodow:na: Application is to register the following structures a bulkhead33+', float 5' x 33' and to dredge in Sterling Creek, Greenport. ali in accordance wifh fha del'ailed specificaffons as presenfed in fha orig~naf/ng app~cafion. IN WIINzSS W, ,,R,Or, The sold Board of Trusfees n.ere- causes [is Cor=orafe Seal fo be affixed, and fhese pres~nfs fo su~scnsea ay a malor,ry of fha Bald ~oara of fhk def.e. Board Of Southold Town .Trustees SOUTHOLD. NEW YORK MOO .... ~G NO., N/A ' PERMIT NO ........ i686 .... DATE: ...S.~pt. 2.8j.. 1983 Katherzne -Farr ..A.~L DOCKS, AND BULKHEADS MUST ISSUED TO .............. : .............. : ....................... :uI'SPLAY V~SIBLE PF-RMIT"~UMBE,~.S , ce~z%,z, tha~: the wo:k a~ authorized permz: has been completed and is now ready AZ~o, ~he n'um'ba~ re?a/red on ChLs proOecC La clea:ly v~sLbZe. unde~s:and this permit is hoc vaLLd uaCLl :his ~ear shee~ TERMS and CONDITIONS Tnt Permi~ Katherine Fart r~iding at Greenport, New York pan of the coo~idera~on for the [~u~ace of .*hr Parn~it d~ lowing: 1. That the Southold Trussees Permit must be prominently dism!aved on the premises effected thereby during the period of 2~ ~ffat ~e ~d B~ of T~s ~d ~e Town of ~u~o/d ~ ~ed frotu ~y ~d work aJon ~rfo~d p~; to ~s ~ ~d ~e ~d Pe~ whL a: ~ ~ her own ~ the defend any ~d ~I su~ ~ ~t~ by ~d pa~. and ~e wire teepee: ~ere:o, m ~e ~m~l~e ~ct~oa of ~a ~d 3. That f~ Peter ;~ v~d for s ~-ff~d of _ON~ vm.A-~ which sufficient ~me r~uired to complete the work bvolv~ but should ckcum~ne~ w~ for zn extension may be rmde to the Board at a later date. 4. That th~s Permk should be retaLned indefLedtet7, or as long as tim said Per. tree w;..shm to maintain the stint'mae or pmjec~ involved, to provide evldmnce ro anTooa concerned that amh- orizadon was orig~nalI7 obtMned. 5. That the work ~volved will be subject to the L~sDecdon mad approvM of the Board or irs agents, and non-cotupHance with the provisions of the ori~ar~g appEcadon, ma7 be .... e for revocation of this Permit By resolution of the said Board. 6. Ti-nat there will be no marexsonable interference with navigation a~ a result of the work: ~ herein authorized. 7. That there shall Ix no intederence with the righ~ of the pubEc :o p=s mad repass along the beach bet'ween high and low water 8.. That if future opera<ions of the Town of Southotd reclu~re the removal ;md/or atremtioa.~ in the location of the work herdn author=ed, or if, in the o?in/on of the Board of Trnszee% the work ~ha21 cause unseasonable obsrrucuon ro free navigation, the said Per'mkree will be re~lUJZe&, upon due notice, to remove or alter ~i~ work or project herein stated without ex'ce~se_s to the Tovm of Sou nh_oi& 9. That the said Board will be notified by the Perm/tee ot *.he completion of the work auth- orked. (See tear off sheet.) '10- That the Permir:ee will obtain all other perrr~ts and cou.senrs that n~y be renuJzed mD plemental to this permit which may be ~-'abjecr to revoke upon failure to obr,~n..seine' BOARD OF TO~V',_N TRUSTEES Town of Southold zSlain Road Southold. New York 11971 NOTICE OF ACT!O~ - NOT A PE~qIT To: K&tke~£~%~ ~.r c/.o En-Consultants, Inc. I Yc~r application, dated ............. 8./.2-.5~.~..3. ........................................... has been reviewed by this Beard, at a meeting of the Trustees held on ....... .S...e.p.~.e..rt!~D..r, ..],..3.,.....1..9...8..3. ...................................... and resulting in the action, as indicated below: ( ............ ) ( ............ ) Application approved. Application denied. Appllcction tabled. 2. Comments and remarks: The trustees have no jurlsdictio~ an this area, kherefore your application will register this s.tructure, you wil~: recemve a permit number to post, showing that you have complied with the request of the Trustees. A PERMIT FEE 3. If your c~oJ~i~_COt;or~ is o~oroved above, R~mff~ ,s now d,~ on~ should be mode po/obte to the or?r of ,he Board of 5outhoJd Town Trustees. This fee is computed below accordina to the. S~hecqi~Of R~te~s set forth in the .Instruction Sheet~crm 1/11. ~his fee ~ust ~e paz~ ':f~=~nzn ~u eays or re-appzyznq aha aodznzonaz zee wzzz De necessar tf tn~ Permit Fee is paid [n person to the Secretary of the Board, The Permit will be obi-aincble at the some time. If the fee is paid by mail, the permit will be moiled in reply. C~mputction of Permit Fee: ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PEB, MIT NI3MBERS Total Fee for this application ............................. , .............................. $ Pres. Board of Souhhold Tcwn Trustee~. ~Ster ling Creek A/~ - P, ev. 6/?~ Main Road Southold, New York 11971 APPLICATION TO DREDGE and or FILL 1. Does this proiect involve the use of WETLANDS as defined in the Southold Town Ordinance in Wetlands? YES or NO. If it does, your application must be filed through the Town Clerk/s Off[ce. 2. Applicant's name and address: ...K.a..~F..h.E~.n..e...~`.a.~...~.~....~:.~..:...B...°..~..p.`6.8.:....G~9.~8~z..~..~. ............... .s. .q r. ...s..t.,. .z..z..9..6..8. ............... 3. Contractor's name and address: ....... ~9..t;..Y..e...t...s...a..~..e..c..t.9..d. ........................................................... 4. Explain briefly the purpose of this application: ..D..r..e..d,g.e,..g.n....a.~.e.g..~.n....f..v.9..q~,.°..f....b..q~. eailboat~ or other craft. 5. After issuance of Permit, ~ expect to: (mark with an X) (e) Commence work-- AT ONCE ............ ; ASAP .... .X.......; UNKNOWN TIME ............. (b) Complete work in -- I DAY ............ ; I MO ..... .X.......; i YR ............. ; FUTURE ............. 6. Secure the correct Area Map from the Secretary of this Board, and by using an, X WITHIN A CIRCLE as a mark, indicate as closely as possible the location .of this work. On the reverse side of this map, provide o SCALE DRAWING which will show the Ordinary lqigh Water Mark end the size and shape of the structure or work. Al/ dimensions offshore of the O. lq. W. M. should also be shown and include any free standing pilings which will remain at completion. 7. Provide the falJow[ng documents: (e) A Licensed Engineer's Survey of the property involved. ('b) A copy of the Contractor's Plans and Specifications. 8. Has any previous application for this work been denied by any other local government agency? ~' NO. If it has been, nome the agency ......... : ................................................................. Date of denial ........................................ Jf dredging is contemplated, give your estimate of the following. (a) Average depth of water at M. L. W.where dredging, . ............. ..2.! .............................. ft. (b) Maximum depth of dredging below the bottom,. ........................................................... ft. (c) Max[mum length of dredged area .................................................. .3.2.~. ................ ft. (d) ,Maximum width of dredged area .................................................. ;~,5..'. ................ ft. (e) Maximum amount of material to be dredged ............................. .4:..0. .......... c. yds. If filling is expected, give your estimate of the following: N/A (o) Maximum amount of material rec]uired,. ................................................................... c. yds. (b) Explain how fill will be obtained end where it will be placed. 1 L In requesting approval of this application, i submit that: I am the person accountable for the performance o.f the work in accord with the plans and specifications attached hereto; have read or am familiar with the provisions of any Southold Z. own Ordinanoe pertinent to the work involved; and further, I intend to adhere ~and e~d~/by~~ i~'~ the Terms and Conditions; of the Permit. Accepted by: Da=te{J: Ste.r ling~ Creek BOARD OF TOWN TRUSTEES Town Of Southold Southold, New York 11971 Main Road APPLICATION FOR A BULKItEAD, DIKE, OR JETTY Does this project involve the use of WETLANDS as defined in the Southold Town Wetlands Ordinance? YES or NO. If it does, you must file through the Town Clerk's Office. Is the proposed work entirely within the boundaries of your own property as substantiated by your Deed or Survey? YES or NO. If it is, a Permit is NOT required from this Board, but the Town Building Inspector should be contacted for full details. 3. Applicant's name and eddresm .K..a.~.h..r..J:..t~...F.f~.v.: ~....0.~ ...~.9.~ .5.~.8.,...:]~E.e..e..qp.p.~t,..~.Y..~l~.~4 4. Contractor's name and address: ....tlo. k.~ ~..s~.l~.¢,t.e.d ................................................................. 5 Explain briefly the purpose of this application: %n~.t~,! ~'~' f~ka~.t', ~.~ ~..~9.;;~...9~. ..... ..... pJCOp.oM.~ b.~t.]~kh$.~.~t,, .~.4g~. ,~l Vga k.u. ~rp~t .of b.~.[.kh.~.~.4..2.5...M$.~.....~,p...~....hg.~p~.. ..... & ;.. ........ . b~.~kh~.,.... ~rP.o~.¢,..~.~.. ~.~.9J.~.9.~...~.a..~.9...g~ ;P~...~.~.. m~.v.~.~..9.$...ag~.~D~g~.a..~..p~h~: .... craft. 6 After issuance of Permit, [ expect ¢o: (mark with ~ X) 7 (a) Commence work -- AT ONCE ............ ; ASAP .....X. ...... ; UNKNOWN TIME ............. (b) Complete work in -- 1 DAY ............ ; 1 MO.....~ ......; 1 YR ............. ; FUTURE ............. Secure ~he correct Area Map from the Secretary of this Board, and by using an X WITHIN A C!RCLE as a mark, indicate as closely as possible the location of this project. On the reverse side, provide o SCALE DRAWING which will show Ordinary High Water Mark as well as the size and shape of the structure or work to be done. Also include all dimensions for ~,ortiens which extend offshore from the O. H. W. M. 8 Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plan and Specifications. 9. Does this project extend into Town Waters beyond an imaginary line or boundary formed by existing works of a similar nature along this area's shoreline? ~ NO. If it does, state the approximate distance beyond, . ........... ft. ]0. Will this construction require ihe Filling of uny land offshore of the Ordinary High Water Mark or the Dredging of any material from Town Lands under water? YES ~ f it does, Form A/4 (App[icat on for Dredging/Filling) must be completed end attached as part of this application. li. In requesting approval of this application, I submi~ that: the information presented herein is true and correct to the best of my knowledge end belief; I am the person accountable for the performance of the work in accordance with the plans and specifications attached; I have reed or om familiar with the provisions of any Southold Town Ordinance pertinent to the work involved; and further, I intend to adhere to and abide by the Terms and Conditions of the Permit, when and if issued to me. Accepted by: 0 /o ,Po BOAIID OF TOWN TRUSTEES Town O~ Southold Main Road Southold, New York 11971 A/2 - Rev. 6/72 APPLICATION FOR FIXED and/or FLOATING DOCKS 2, ContraCtor's name and address: not yet selected 3. Briefly explain the purpose of this application: ..Z..t}.~?...a..~..[...3...3.1..z..5.1...~..~.?,~,t..~.~...~?.~.t....°.~ ...... pro~.osed bulkhead. D~n · ~d 25'x33' to 4' below MLW & · · bac~fitl for bulkhead ., ....... placa..rasu~a.r~~.~~.; ..~ ...... z.l.. .. d. .. '1~,~.1 ................................................ ~...v..~v.~.~..~..~.~...: Purpose of project is to allow safe moorfn of sailboats or other craft After issuance of a Permit, I expect to: (mark by an X) (a) Commence work -- AT ONCE ............ ; ASAP ...~ ....... ; UNKNOWN ............. × ; (b) Complete work in -- 1 DAY ............ ; 1 MO .............1 YR ............. ; FUrFURE ............. Secure the correct Area Map from the Secretary of this Board, and by using an X WITHIN A CIRCLE indicate as closely as possible the Iocatio,n: of this dock. On the reverse side of this map, provide a SCALE DRAWING which will show Ordinary High Water Mark, the shape and size of the dock and any supplemental pilings which are needed to hold a floating dock or tie-up a boat. Give all dimensions necessary to determine the area of the dock surface which extends offshore from the O. H. W. M. Will any par'don of this construction extend offshore i,nto Town Waters beyond an imaginary line or boundary formed by other similar structures along the area's shoreline? ~ES~or NO. If it does extend beyond this so-called dock line indicate by how fa,r, approximately,. ......... ft. Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plans and Specifications. Will this construction require the Filling of any land offshore of the Ordinary High Water Mark or the Dredging of any material from Town Lands under water? YES er~K~. If it does, Form Al4 (Application for Dredging/Filling) must be completed and attached as port of this application. 9. In requesting approval of this application, I submit that: the information presented herein is true and correct to the best of my knowledge and belief; i am the person accountable for the performance of the work in accordance with the plans and specifications attached; I have read or om famiiiar with the provisions of any Southold Town Ordinance pertinent to the work involved; and further, I intend to adhere toand abide byt~~!~~.~.[ ,,~ . Conditions of the Permit, when and if issued to me. Accepted by: Dated: WLLA~E 0 GR, NPOR; l. tarb°r NA m OF ~NSTRUOTtONS ~ {a) I~ order to answer the questions in this short MAF is is assumed tha~ ~reparer will ua~ currently available ~o~ion conce~ ~ ~roJ~ ~ud ~ely ~cts ox the action· It is no~ e~ected ~b~ addi~ional s~udies, ~s~ar~h or ~ther investigations w~l be ~der~en, (b) If any question ~s been an~e~d Yes the p~j~ct ~y Se si$~ic~t and completed ~v~o~nt~ Assessmen= Fo~ is necessa~, (c) tf ~l q~stions have been ans~red Nc it is l~ely t~ this pre~ect ~ sl~iflcant. (d) ~v~o~ent~ Assessment l, W~! project reset Lu a large physical ~o the proJec~ si~e or phys~ly al~er more t~u lO acres of I~d? ~ , · · · ~ , · · · , 2. Will there be a major change to any unique or unusual land form found on the site? , · , , , Will project alter or have a large effect on an existing body of water? , , · , , , · · , · Will project have a potentially large Impac~ on groundwater quality? , . . , . . . . . · , . Will project significantly effect drainage f!m~ on adjacent sites? --o Will project affect any threatened or endangered plant or animal species? · . · · · · . . · o , Will prosect result in a major adverse effect on air quality? . . · · · · . · · · . . 10. 1!o 12. 15, PREPARER' S SIGNATURE: REPRESENTING: Yea No Yes No Yel No Yel No ~el NO Yes No YeS ~--, NO Yes -- No Yes No Yes ~es No Will project ~ve a major effect on visual char~ at,er of the co~munlty or scenic views or vistas ~nown to be important to the community? · · · Will project adversely impact any site or struck- ute of historic, pre-historic, or paleontological importance or any site designated as a ~rltical environmental area by a local agency? . . . Will projec~ have a major effect on existing or future recreational opportunities? . . . Will project result in major traffic problems or cause a major effect to existing ~ransportation sys~sma? · , · , · · · · · · · Will project regularly cause objectionable odors~ noise, glare, vibraCion~ or electrical disturb- ance as a rssult of the project's operation? . Will project have any impact on public health or safeny? · · · · · · · · · · · · Will projec~ ~ffsct the existing community by directly causing a growth in permanent popula- tion of more than 5 percen~ over a one-year Defied or have a major negative effect on ~hs ~haracn~-~ of nbs community or neighborhood?, , __Yes No ia there public ~=rov~concernzng the projee~? ~es ~ No 0 /o TO~ .i ~ 0 TTor~) ~RO.~ ~EC. TIO/V THI~U I:>F~OPO$~O